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Michigan Civil Code regarding Service

leftsidelaw600.1910 Proof of service; methods; failure to make proof of service. [M.S.A. 27A.1910]

Sec. 1910. (1) Proof of service shall be made by 1 of the following methods:

(a) Written acknowledgment of receipt of a summons and a copy of the complaint, dated and signed by the person authorized under this act to receive them.

(b) A certificate, stating the facts of service if service is made within the state of Michigan by:

(i) A sheriff.

(ii)

A deputy sheriff, medical examiner, bailiff, constable, or a deputy of these officers if the officers held office in a county in which the court issuing the process is held.

(c) An affidavit, stating the facts of service, if service is made by any other person, and indicating his or her official capacity, if any.

(2) Failure to make proof of service does not affect the validity of the service.

History: 1961, Act 236, Eff. Jan. 1, 1963;–Am. 1978, Act 317, Imd. Eff. July 10, 1978;–Am. 1994, Act 403, Eff. Apr. 1, 1995

600.8405 Service; manner; proof.

Sec. 8405.

Except as otherwise provided in this section, service of the affidavit and notice to appear and answer shall be made upon the defendant by certified mail, return receipt requested and deliverable to the addressee only, by personal service, or upon a showing that service of process cannot reasonably be made as provided by this section, the court may, by order, permit service of process to be made in any other manner reasonably calculated to give the defendant actual notice of the proceedings and an opportunity to be heard. Where service by certified mail is made, it shall be made by the clerk and the receipt of mailing together with the return card signed by the defendant shall constitute proof of service.

History:Add. 1968, Act 154, Imd. Eff. June 17, 1968;–Am. 1996, Act 579, Imd. Eff. Jan. 17, 1997

600.8406 Appearances; copy of affidavit and notice of hearing; application for new notice; jurisdiction to render judgment; continuance. [M.S.A. 27A.8406]

Sec. 8406. (1) The date for the appearance of the defendant provided in the notice shall not be less than 15 days nor more than 45 days after the date of the notice. The person filing the claim shall receive from the clerk a copy of the affidavit and notice of hearing. The plaintiff shall appear on the date shown in the notice of hearing and have all books, papers, and witnesses necessary to prove the claim. If the notice is not served upon the defendant at least 7 days before the appearance date, the plaintiff may apply to the clerk or deputy clerk for a new notice setting a new date for the appearance of the defendant which shall be not less than 15 days nor more than 30 days after the date of the issuance of the new notice.

(2) If a defendant is not personally served or did not sign the certified mail return receipt at least 7 days before the appearance date, there shall not be jurisdiction to render judgment, unless the defendant appears on the appearance date and does not request a continuance. If the defendant was not served within the minimum time specified, the matter, upon request of either party, shall be continued for not less than 7 days.

History:Add. 1968, Act 154, Imd. Eff. June 17, 1968;–Am. 1978, Act 496, Eff. Jan. 1, 1979

600.1918 Civil action; service of process on person doing business under assumed name. [M.S.A. 27A.1918]

Sec. 1918.

Process issued from any court of record against an individual doing business under an assumed name may be served upon the individual, or by leaving the process during regular office or business hours at the office or place of business of the individual with any person in charge thereof.

History:Add. 1962, Act 187, Imd. Eff. May 24, 1962

600.1970 Service of papers; delivery to attorney; party; mailing. [M.S.A. 27A.1970]

Sec. 1970.

Service upon the attorney shall be made by delivering a copy to him or by mailing a copy to him at his last known business address or, if he has no business address, then to his last known residence address. Service upon a party shall be made by delivering a copy to him or by mailing a copy to him at his address as stated in his pleadings.

(1) Delivery of a copy to an attorney means:

(a) handing it to the attorney personally; or

(b) leaving it at his office with his clerk or with some person in charge or, if no one is in charge or present, by leaving it in some conspicuous place therein; or

(c) if the office is closed or the attorney has no office, by leaving it at his usual place of abode with some person of suitable age and discretion residing therein.

(2) Delivery of a copy to a party means:

(a) handing it to the party personally; or

(b) leaving it at his usual place of abode with some person of suitable age and discretion residing therein.

(3) Mailing of a copy means enclosing it in a sealed envelope with first class postage fully prepaid addressed to the person to be served and depositing the envelope and its contents in the United States government mail. Service by mailing is complete upon mailing.

History:1961, Act 236, Eff. Jan. 1, 1963

600.1920 Process; service on corporation; insurers. [M.S.A. 27A.1920]

Sec. 1920.

Service of process upon a corporation, whether domestic or foreign, may be made by

(1) leaving a summons and a copy of the complaint with any officer or the resident agent, or

(2) leaving a summons and a copy of the complaint with any director, trustee, or person in charge of any office or business establishment and sending a summons and a copy of the complaint by registered mail, addressed to the principal office of the corporation, or

(3) leaving a summons and a copy of the complaint with any of the persons who may have been the last presiding officer, president, cashier, secretary, or treasurer, in the case of any corporation which may have ceased to do business by failing to keep up its organization by the appointment of officers or otherwise, or whose term of existence may have expired by limitation, or

(4) mailing a summons and a copy of the complaint by registered mail to the corporation or an appropriate corporation officer and to the Michigan corporation and securities commission if:

(a) the corporation has failed to appoint and maintain a resident agent or to file a certificate of such appointment as by law required; or

(b) the corporation has failed to keep up its organization by the appointment of officers or otherwise, or the term of whose existence has expired by limitation.

In all cases in which an insurer is a defendant, service shall not be made by leaving a summons and a copy of the complaint with a resident agent; and in cases in which a defendant is a foreign insurer, 2 summonses and a copy of the complaint shall be delivered to or mailed to the office of the commissioner of insurance by registered mail.

History: 1961, Act 236, Eff. Jan. 1, 1963

Continued…

600.1831 Civil process; exemptions. [M.S.A. 27A.1831]

Sec. 1831. (1) Civil process shall not be served on any elector entitled to vote at any election during the day that election is held; but upon sufficient cause being shown by affidavit to the satisfaction of a judge of any circuit, that judge may make any restraining order or authorize the issuance and service or execution of any writ on any election day, as on other days.

(2) Civil process shall not be served or executed on Sunday ; but upon sufficient cause being shown by affidavit to the satisfaction of a judge of any circuit, that judge may make any restraining order or authorize the issuance of and service or execution of any writ on Sunday, as on other days.

History: 1961, Act 236, Eff. Jan. 1, 1963;–Am. 1984, Act 29, Imd. Eff. Mar. 12, 1984

435.101 Public holidays as to bills, checks, notes, and holding of courts; validity of bank transactions performed on Saturday; holding court or transacting business on Saturday; continuation of action, matter, or proceeding; adjournment of circuit court to secular day; validity of legal process, holding courts, or transaction of business on Saturday afternoons; closing of county or municipal offices on Saturday; state employees working on Sunday.

Sec. 1.

The following days namely: January 1, New Year’s day; the third Monday in January in conjunction with the federal holiday, Martin Luther King, Jr. day; February 12, Lincoln’s birthday; the third Monday of February, Washington’s birthday; the last Monday of May, Memorial or Decoration day; July 4; the first Monday in September, Labor day; the second Monday in October, Columbus day; November 11, Veterans’ day; December 25, Christmas day; every Saturday from 12 noon until 12 midnight, which is designated a half holiday; and the fourth Thursday of November, Thanksgiving day, for all purposes regarding the presenting for payment or acceptance, and the protesting and giving notice of the dishonor of bills of exchange, bank checks, and promissory notes, also for the holding of courts, except as otherwise provided in this act, shall be treated and considered as the first day of the week, commonly called Sunday, and as public holidays or half holidays. Bills, checks, and notes otherwise presentable for acceptance of payment on these days shall be considered as payable and presentable for acceptance or payment on the next secular or business day following the holiday or half holiday.

A law in this state shall not affect the validity of, or render void or voidable, the payment, certification, or acceptance of a check or other negotiable instrument or any other transaction by a bank in this state, because done or performed on a Saturday between 12 noon and midnight, if the payment, certification, acceptance, or other transaction would be valid if done or performed before 12 noon on that Saturday. This act does not compel a bank, savings and loan association, or building and loan association in this state, which by law or custom is entitled to close at 12 noon on a Saturday, to keep open for the transaction of business or to perform the acts or transactions described in this section, on a Saturday after that hour except at its own option in construing this section, every Saturday, unless a whole holiday, shall for the holding of court and the transaction of business authorized by the laws of this state be considered a secular or business day. If the return or adjourn day in an action, matter, or hearing before a court, officer, referee, or arbitrators, falls on any of the days mentioned in this section except Sunday, then that action, matter, or proceeding, commenced or adjourned, shall not, by reason of coming on any of those days except Sunday, abate, but shall stand continued on the next succeeding day, at the same time and place unless the next day is the first day of the week, or a holiday, in which case it shall stand continued to the day succeeding the first day of the week or holiday, at the same time and place. When the first day of the general term of a circuit court, as fixed by the order of a circuit judge, falls upon either of the days mentioned in this section or when a circuit court is adjourned to a day mentioned in this section, that court may be adjourned to the following secular day. This act shall not prevent or invalidate the entry, issuance, service, or execution of a writ, summons, or confession of judgment, or other legal process, the holding courts or the transaction of lawful business except banking on any of the Saturday afternoons designated in this act as half holidays, nor shall this act prevent a bank, savings and loan association, or building and loan association from keeping its doors open or transacting its business on Saturday afternoons, if by vote of its directors it elects to do so. The legislative body of a county or city may, by ordinance or resolution, provide for the closing of county or municipal offices for any or for all purposes on every Saturday. This act shall not affect state employees working on a Sunday in accordance with their employment as construed by the civil service commission.

History: 1865, Act 124, Eff. June 22, 1865;–Am. 1871, Act 28, Eff. July 18, 1871;–CL 1871, 1559;–Am. 1875, Act 163, Imd. Eff. Apr. 29, 1875;–Am. 1881, Act 208, Eff. Sept. 10, 1881;–How. 1591;–Am. 1893, Act 77, Eff. Aug. 28, 1893;–Am. 1893, Act 185, Eff. Aug. 28, 1893;–CL 1897, 4880;–Am. 1903, Act 254, Eff. Sept. 17, 1903;–Am. 1905, Act 35, Imd. Eff. Mar. 29, 1905;–Am. 1909, Act 246, Eff. Sept. 1, 1909;–CL 1915, 6232;–Am. 1919, Act 335, Eff. Aug. 14, 1919;–Am. 1929, Act 155, Imd. Eff. May 20, 1929;–CL 1929, 9085;–Am. 1935, Act 101, Imd. Eff. May 28, 1935;–Am. 1945, Act 97, Eff. Sept. 6, 1945;–Am. 1946, 2nd Ex. Sess., Act 2, Imd. Eff. July 15, 1946;–Am. 1948, 1st Ex. Sess., Act 33, Imd. Eff. May 10, 1948;–CL 1948, 435.101;–Am. 1955, Act 93, Eff. Oct. 14, 1955;–Am. 1969, Act 12, Eff. Jan. 1, 1971;–Am. 1973, Act 13, Imd. Eff. Apr. 18, 1973;–Am. 1974, Act 9, Imd. Eff. Feb. 5, 1974;–Am. 1977, Act 136, Imd. Eff. Nov. 7, 1977;–Am. 1984, Act 4, Imd. Eff. Feb. 1, 1984

600.1925 Process; service on public, municipal or governmental corporation, boards, or bodies. [M.S.A. 27A.1925]

Sec. 1925.

Service of process upon public, municipal, quasi-municipal, or governmental corporations, unincorporated boards, or public bodies, may be made by leaving a summons and a copy of the complaint with

(1) the chairman of the board of supervisors or the county clerk, in the case of counties;

(2) the mayor, city clerk, or city attorney, in the case of cities;

(3) the president or village clerk, or in their absence with any of the trustees, in the case of villages;

(4) the supervisor or township clerk, in the case of townships;

(5) the president, secretary, or treasurer, in the case of school districts;

(6) the president or secretary, in the case of the state board of education;

(7) the president, secretary, or other member of the governing body, in the case of any corporate body or unincorporated board, now or hereafter having charge or control of any state institution;

(8) The president, chairman, secretary, manager, or clerk, in the case of any other public body organized or existing under the constitution or any law of this state, when by statute no other method of service is specially provided.

The service of process may be made on any officer having substantially the same duties as those named or described irrespective of their titles. In any case, service may be made by leaving a summons and a copy of the complaint with a person in charge of the office of any of the above-described officers upon whom service may be made and sending by registered mail a summons and a copy of the complaint addressed to such officer at his office.

History: 1961, Act 236, Eff. Jan. 1, 1963

600.1917 Process; service on partnership or limited partnership. [M.S.A. 27A.1917]

Sec. 1917.

Service of process upon a partnership or limited partnership may be made by

(1) leaving a summons and a copy of the complaint with any general partner personally, or

(2) leaving a summons and a copy of the complaint with a person in charge of a partnership office or business establishment at such office or place of business and sending a summons and a copy of the complaint by registered mail, addressed to any general partner at his usual place of abode or last known address.

History: 1961, Act 236, Eff. Jan. 1, 1963

600.1831 Civil process; exemptions. [M.S.A. 27A.1831]

Sec. 1831. (1) Civil process shall not be served on any elector entitled to vote at any election during the day that election is held; but upon sufficient cause being shown by affidavit to the satisfaction of a judge of any circuit, that judge may make any restraining order or authorize the issuance and service or execution of any writ on any election day, as on other days.

(2) Civil process shall not be served or executed on Sunday ; but upon sufficient cause being shown by affidavit to the satisfaction of a judge of any circuit, that judge may make any restraining order or authorize the issuance of and service or execution of any writ on Sunday, as on other days.

History: 1961, Act 236, Eff. Jan. 1, 1963;–Am. 1984, Act 29, Imd. Eff. Mar. 12, 1984