MJI - Civil Quick Reference Materials

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Last Updated 9/1/22

ServiceofProcessTable

See the Michigan Judicial Institute’s Civil Proceedings Benchbook, Chapter 3.

“If a rule uses the term ‘registered mail’, that term includes the term ‘certified mail’, and the term ‘registered mail, return receipt requested’ includes the

term ‘certified mail, return receipt requested.’ However, if certified mail is used, the receipt of mailing must be postmarked by the post office.” MCR

2.105(L)(1). “If the rules uses the term ‘certified mail’, a postmarked receipt of mailing is not required. Registered mail may be used when a rule requires

certified mail.” MCR 2.105(L)(2).

Type of Entity Manner of Service

Individuals

See MCR 2.105(A)

Process may be served on a resident or nonresident individual by: (1) delivering a summons and a copy of the complaint

to the defendant personally, or (2) sending a summons and a copy of the complaint by registered or certified mail, return

receipt requested, and delivery restricted to the addressee.

Service is made when the defendant acknowledges receipt of the mail. A copy of the return receipt signed by the

defendant must be attached to the proof showing service.

Individuals; Substituted

Service

See MCR 2.105(B)

Process may be served on a nonresident individual by: (1) serving a summons and a copy of the complaint in Michigan

on an agent, employee, representative, sales representative, or servant of the defendant, and (2) sending a summons and

a copy of the complaint by registered mail addressed to the defendant at his or her last known address.

Process may be served on a minor by serving a summons and a copy of the complaint on a person having care and

control of the minor and with whom he or she resides.

Process may be served on a defendant for who a guardian or conservator has been appointed and is acting, by serving

a summons and a copy of the complaint on the guardian or conservator.

Process may be served on an individual doing business under an assumed name by: (1) serving a summons and a copy

of the complaint on the person in charge of an office or business establishment of the individual, and (2) sending a

summons and a copy of the complaint by registered mail addressed to the individual at his or her usual residence or last

known address.

Partnership or Limited

Partnership

See MCR 2.105(C)

Process may be served on a partnership or limited partnership by: (1) serving a summons and a copy of the complaint on

any general partner, or (2) serving a summons and a copy of the complaint on the person in charge of a partnership office

or business establishment and sending a summons and a copy of the complaint by registered mail, addressed to a general

partner at his or her usual residence or last known address.

Last Updated 9/1/22 Service of Process Table

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Private Corporation

(domestic or foreign)

See MCR 2.105(D)

Process may be served on a private corporation (domestic or foreign) by: (1) serving a summons and a copy of the complaint on an

officer or the resident agent; (2) serving a summons and a copy of the complaint on a director, trustee, or person in charge of an

office or business establishment of the corporation and sending a summons and a copy of the complaint by registered mail,

addressed to the principal office of the corporation; (3) serving a summons and a copy of the complaint on the last presiding officer,

president, cashier, secretary, or treasurer of a corporation that has ceased to do business by failing to keep up its organization by

the appointment of officers or otherwise, or whose term of existence has expired; (4) sending a summons and a copy of the

complaint by registered mail to the corporation or an appropriate corporation officer and to the Michigan Bureau of Commercial

Services, Corporation division if (a) the corporation has failed to appoint and maintain a resident agent or to file a certificate of that

appointment as required by law, (b) the corporation has failed to keep up its organization by the appointment of officers or

otherwise, or (c) the corporation’s term of existence has expired.

Partnership Association or

Unincorporated Voluntary

Association

See MCR 2.105(E)

Process may be served on a partnership association or an unincorporated voluntary association by: (1) serving a summons and a

copy of the complaint on an officer, director, trustee, agent, or person in charge of an office or business establishment of the

association, and (2) sending a summons and a copy of the complaint by registered mail, addressed to an office of the association. If

an office cannot be located, a summons and a copy of the complaint may be sent by registered mail to a member of the association

other than the person on whom the summons and complaint was served.

Insurer

See MCR 2.105(F)

To the extent permitted by statute, process may be served on an insurer by providing two summonses and a copy of the complaint

to the Commissioner of the Office of Financial and Insurance Regulation via delivery or registered mail.

Public Corporation

See MCR 2.105(G)

Process may be served on a public, municipal, quasi-municipal, or governmental corporation, unincorporated board, or public

body by serving a summons and a copy of the complaint on: (1) the chairperson of the board of commissioners or the county clerk

of a county; (2) the mayor, the city clerk, or the city attorney of a city; (3) the president, the clerk, or a trustee of a village; (4) the

supervisor or the township clerk of a township; (5) the president, the secretary, or the treasurer of a school district; (6) the

president or the secretary of the Michigan State Board of Education; (7) the president, the secretary, or other member of the

governing body of a corporate body or an unincorporated board having control of a state institution; (8) the president, the

chairperson, the secretary, the manager, or the clerk of any other public body organized or existing under the constitution or laws

of Michigan, when no other method of service is specially provided by statute.

Limited Liability Company

See MCR 2.105(H)

Process may be served on a limited liability company (LLC) by serving a summons and a copy of the complaint on: (1) the managing

member, the non-member manager, or the resident agent; or (2) a member or other person in charge of an office or business

establishment of the LLC and sending a summons and a copy of the complaint by registered mail, addressed to the registered office

of the LLC. If the LLC fails to appoint or maintain an agent for service of process, or service under MCR 2.105(H)(1)-(2) cannot be

accomplished through the exercise of reasonable diligence, service of process may be made by delivering or mailing a summons and

a copy of the complaint by registered mail to the administrator pursuant to MCL 450.4102(2)(a).

Agent Authorized by

Appointment or by Law

See MCR 2.105(I)

Process may be served on an agent authorized by appointment or by law by serving a summons and a copy of the complaint on an

agent authorized by written appointment or by law to receive service of process.

Whenever, pursuant to statute or court rule, service of process is to be made on a nongovernmental defendant by service on a

public officer, service on the public officer may be made by registered mail addressed to his or her office.

Type of Entity Manner of Service

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