Service of Process Flashcards
When must a P serve a copy of summons and complaint on D in MI?
91 days from filing
How to serve Individuals (MI)
1. Registered Mail: send a summons and copy of complaint by registered mail or certified mail, return receipt requested, and delivery restricted to addressee. Service is made when D acknowledges receipt of the mail.
a. If D refuses registered mail, another method of service is required but there is no penalty to the D.
2. Hand Delivery: deliver a summons and copy of complaint directly to D.
How to serve corporation (MI)
- serve the summons and copy of the complaint on an officer or resident agent, or
- serve the summons and copy of the complaint on the director, trustee, or person in charge of an office, and send a summons and copy of complaint by registred mail to the principal office of the corp, or
- if the corp does not have a resident agent, service may be made by mailing the summons and a copy of the complaint by registered mail to the corp or an officer and the MI Bureau of Commercial Services, Corporate Division.
How to serve a Partnership (MI)
- serve the summons and copy of the complaint on any general partner OR
- on the person in charge of the partnership office/business establishment and send a summons and a copy of the complaint by registered mail addressed to a general partner at their usual resident or last known address.
Service by Publication (MI)
- permitted in civil actions if service of process cannot be reasonably made
- Party must file a motion and use substitute process after court orders it
- Substitute service is generally made by:
a. publishing a copy of the order once each week for three weeks in a newspaper in the county where the defendant resides (or if not known - where action is pending), and
b. by sending a copy of the order to the D at their last known address by registered mail, return receipt requested, before the date of the last publication
