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Court Rules

Sixteenth Judicial Circuit Court of Michigan, Macomb County Service and Proof of Service Rules

19 rules from official source documents

E-service, mail, personal service, proof of service, certificate, and timing requirements.

CRITICAL

Service
Electronic service

Except as provided in subsection 6(c), e-filings must be served on parties in the same format and form submitted to the court.

d. All e-filings, subject to subsection 6(c) above, shall be served on the parties in the same format and form as submitted to the court.

Court-level rulesOfficial source

CRITICALCivil cases

Service
Electronic service

All parties in the Business Court must electronically file and serve under the 16th Circuit Court’s eFiling Pilot Project, Administrative Order No. 2010-6.

Electronic filing and service pursuant the 16th Circuit Court’s eFiling Pilot Project, Administrative Order No. 2010-6, will be required by all parties in the Business Court.

Court-level rulesOfficial source

CRITICAL

Service
Email to all parties

Parties must register a functional email address with the court and TrueFiling, send all service from that address, and ensure service is completed to self-represented parties, counsel, and additional registered users at their registered addresses.

a. All parties shall register with the court provide the court and opposing parties with one e-mail address with the functionality required for the pilot program. All service shall originate from and be perfected upon this registered e-mail address. All parties shall also register this e-mail address with the TrueFiling e-filing system. Additional e-mail addresses for other attorneys or staff persons associated with counsel for the party may be added as registered users. Service shall be perfected upon a self-represented party or counsel and any additional registered users associated with counsel at the e-mail addresses registered with the TrueFiling e-filing system. Each individual bears the responsibility for the accuracy of the registered e-mail address.

Court-level rulesOfficial source

CRITICAL

Service
Electronic service to all parties

Unless the court and parties agree otherwise, e-filings must be emailed to all parties, and the transmittal subject line must state “Service of e-filing in case [insert caption of case].”

b. Unless otherwise agreed to by the court and the parties, all e-filings must be served electronically to the e-mail addresses of all parties. The subject matter line for the transmittal of a document served by e-mail shall state: “Service of e-filing in case [insert caption of case].”

Court-level rulesOfficial source

CRITICAL

Applies to
Summons

A summons-extension request must include a motion and proposed order, be submitted before the original summons expires, and show due diligence by the plaintiff in attempting service.

Requests to extend the summons must be accompanied by a motion and proposed order and must be submitted prior to the expiration of the original summons. Such requests will only be granted upon a showing of due diligence by plaintiff in attempting to serve the original summons.

Judge James M. Maceroni

CRITICAL

Applies to
Process

Alternative-service requests must include a verified motion, proposed order, process-server affidavit documenting at least three reasonable service attempts, and postal verification.

Requests for alternative service must be accompanied by a verified motion, proposed order, an affidavit of the process server showing reasonable efforts (at least 3 attempts) to make service of process and a postal verification.

Judge James M. Maceroni

CRITICAL

An alternate-service request must include a verified motion, proposed order, process-server affidavit, and postal verification of at least three service attempts on different days and times.

Requests for alternate service must be accompanied by a verified motion, proposed order, an affidavit of the process server showing reasonable efforts to make service of process, and a postal verification with at least three (3) attempts of service on different days and times.

Judge Jennifer M. Faunce

CRITICAL

Applies to
Alternate service motion

An alternate-service request must include a verified motion, proposed order, process-server affidavit describing reasonable service efforts, and postal verification.

Requests for alternate service must be accompanied by a verified motion, proposed order, an affidavit of the process server showing reasonable efforts to make service of process and a postal verification.

Judge Julie Gatti

CRITICAL

Service
Electronic service

All Business Court parties must provide service electronically under the 16th Circuit Court's eFiling Pilot Project and Administrative Order No. 2010-6.

Electronic filing and service pursuant the 16th Circuit Court's eFiling Pilot Project, Administrative Order No. 2010-6, will be required by all parties in the Business Court.

Judge Kathryn A. Viviano

CRITICALCivil cases

Copies of proposed exhibits must be furnished to both the court and opposing counsel.

Furnish copies of proposed exhibits to the Court and opposing counsel.

Judge Kathryn A. Viviano

CRITICAL

An alternate-service request must include a verified motion, proposed order, process-server affidavit describing reasonable service efforts, and postal verification.

Requests for alternate service must be accompanied by a verified motion, proposed order, an affidavit of the process server showing reasonable efforts to make service of process, and a postal verification.

Judge Kathryn A. Viviano

CRITICAL

Applies to
Alternative service request

Alternative service must be supported by reasonable efforts, including at least three service attempts and postal verification.

Requests for alternative service must be accompanied by a verified motion, proposed order, an affidavit of the process server showing reasonable efforts (at least 3 attempts) to make service of process and a postal verification.

Judge Michael Servitto

CRITICAL

Applies to
Alternate service request

A request for alternate service must include a verified motion, proposed order, process-server affidavit showing three service attempts, and postal verification.

Requests for alternate service must be accompanied by a verified motion, proposed order, an affidavit of the process server showing three attempts of service of process and a postal verification.

Judge Rachel Rancilio

CRITICAL

Applies to
Summons extension request

A summons-extension request must include a verified motion, proposed order, process-server affidavit showing reasonable service efforts, and postal verification.

Requests to extend the summons must be accompanied by a verified motion, proposed order, and an affidavit of the process server showing reasonable efforts to make service of process, and postal verification.

Judge Rachel Rancilio

WARNING

Applies to
Initiating documents
Service
Electronic service

Amendments to initiating documents may be served electronically after initial process is served and the defendant registers as a TrueFiling user, subject to the order's restrictions.

After the initial process has been served and the defendant has registered as a user with the TrueFiling e-filing system, amendments to the initiating documents may be served electronically subject to the limitations or restrictions otherwise imposed in this order.

Court-level rulesOfficial source

WARNING

Service
Electronic service

The court strongly recommends electronic service but requires service of process for initiating documents to comply with MCR 2.105.

In an effort to facilitate uniform service within the scope of this project, the Sixteenth 16th Circuit Court strongly recommends electronic service. However, service of process for initiating documents shall be made pursuant to MCR 2.105.

Court-level rulesOfficial source

WARNING

The parties and the court may agree to serve e-filings on the parties, but not the court, by facsimile or traditional means instead of e-mail service.

c. The parties and the court may agree that, instead of e-mail service, e-filings may be served to the parties (but not the court) by facsimile or by traditional means.

Court-level rulesOfficial source

WARNING

Applies to
Settlement notice

If a settlement is resolved and dismissal is entered before a settlement conference, appearances are unnecessary, but attorneys must notify the court of settlement before the scheduled conference.

If a matter is resolved and an order of dismissal is entered before the conference date, the attorneys and parties need not appear for the conference. Attorneys must notify court of settlement prior to a scheduled settlement conference.

Judge Matthew P. Sabaugh

INFO

By stipulation and order, the parties may agree to accept service from the court by facsimile under Rule 6(c).

Pursuant to a stipulation and order, the parties may agree to accept service from the court via facsimile pursuant to the procedures set forth in Rule 6(c).

Court-level rulesOfficial source
Common questions about Sixteenth Judicial Circuit Court of Michigan, Macomb County service and proof of service rules

What rule applies to e-service in Sixteenth Judicial Circuit Court of Michigan, Macomb County?

Sixteenth Judicial Circuit Court of Michigan, Macomb County: Details: method: e-service. Except as provided in subsection 6(c), e-filings must be served on parties in the same format and form submitted to the court.

View ruleOfficial source Source: page 7, section 7. Format and Form of E-filing and Service

Judge Kathryn A. Viviano: Details: method: e-service. All Business Court parties must provide service electronically under the 16th Circuit Court's eFiling Pilot Project and Administrative Order No. 2010-6.

View ruleOfficial source Source: page 4, section 6. Technology

2 more rules answer this question.

What rule applies to service by email for all parties in Sixteenth Judicial Circuit Court of Michigan, Macomb County?

Details: method: service by email, recipient: all parties. Parties must register a functional email address with the court and TrueFiling, send all service from that address, and ensure service is completed to self-represented parties, counsel, and additional registered users at their registered addresses.

View ruleOfficial source Source: page 6, section 6. Service

What rule applies to e-service for all parties in Sixteenth Judicial Circuit Court of Michigan, Macomb County?

Details: method: e-service, recipient: all parties. Unless the court and parties agree otherwise, e-filings must be emailed to all parties, and the transmittal subject line must state “Service of e-filing in case [insert caption of case].”

View ruleOfficial source Source: page 6, section 6. Service

What rule applies to service for initiating documents in Sixteenth Judicial Circuit Court of Michigan, Macomb County?

Details: method: e-service. Amendments to initiating documents may be served electronically after initial process is served and the defendant registers as a TrueFiling user, subject to the order's restrictions.

View ruleOfficial source Source: page 4, section 4. E-filings Submission, Acceptance, and Time of Service with the Court; Signature

What rule applies to serving all parties in Sixteenth Judicial Circuit Court of Michigan, Macomb County?

Details: recipient: all parties. The parties and the court may agree to serve e-filings on the parties, but not the court, by facsimile or traditional means instead of e-mail service.

View ruleOfficial source Source: page 6, section 6. Service

What service or proof of service rules apply in Sixteenth Judicial Circuit Court of Michigan, Macomb County?

Sixteenth Judicial Circuit Court of Michigan, Macomb County: By stipulation and order, the parties may agree to accept service from the court by facsimile under Rule 6(c).

View ruleOfficial source Source: page 8, section 10. Court Notices, Orders, and Judgments

Judge Jennifer M. Faunce: An alternate-service request must include a verified motion, proposed order, process-server affidavit, and postal verification of at least three service attempts on different days and times.

View ruleOfficial source Source: page 1, section Alternate Service

Judge Kathryn A. Viviano: Copies of proposed exhibits must be furnished to both the court and opposing counsel.

View ruleOfficial source Source: page 1, section BEFORE THE DAY OF TRIAL

1 more rule answers this question.