MICHIGAN RULES OF CIVIL PROCEDURE
In the
state of Michigan, no process server license is required. Service of process may be executed by any
legally, competent adult. The process
server cannot be a party or an officer of the defendant. In addition, no service is allowed on
Sundays or election days.
Michigan requires
that all pleadings be personally served upon the defendant.
Rule 2.103 Process; Who May Serve
Rule 2.104 Process; Proof of
Service
Rule 2.105 Process; Manner of
Service
Rule 2.106 Notice by Posting or
Publication
Rule 2.107 Service and Filing of
Pleadings and Other Papers
Rule 2.108 Time
Rule 2.109 Security for Costs
Rule 2.506 Subpoena; Order to Attend
(A) Service Generally. Process in civil actions may be served by
any legally competent adult who is not a party or an officer of a corporate
party.
(B) Service Requiring Seizure of Property. A writ of restitution
or process requiring the seizure or attachment of property may only be served
by
(1) a sheriff or
deputy sheriff, or a bailiff or court officer appointed by the court for that
purpose,
(2) an officer of
the Department of State Police in an action in which the state is a party, or
(3) a police
officer of an incorporated city or village in an action in which the city or
village is a party.
A writ of garnishment may be served by any person authorized by
subrule (A).
(C) Service in a Governmental Institution. If personal service of
process is to be made on a person in a governmental institution, hospital, or
home, service must be made by the person in charge of the institution or by
someone designated by that person.
(D) Process Requiring Arrest. Process in civil proceedings
requiring the arrest of a person may be served only by a sheriff, deputy
sheriff, or police officer, or by a court officer appointed by the court for
that purpose.
(A) Requirements. Proof of service may be made by
(1) written
acknowledgment of the receipt of a summons and a copy of the complaint, dated
and signed by the person to whom the service is directed or by a person
authorized under these rules to receive the service of process;
(2) a certificate
stating the facts of service, including the manner, time, date, and place of
service, if service is made within the State of Michigan by
(a) a sheriff,
(b) a deputy
sheriff or bailiff, if that officer holds office in the county in which the
court issuing the process is held,
(c) an appointed
court officer,
(d) an attorney
for a party; or
(3) an affidavit
stating the facts of service, including the manner, time, date, and place of
service, and indicating the process server's official capacity, if any.
The place of service must be described by giving the address where
the service was made or, if the service was not made at a particular address,
by another description of the location.
(B) Failure to File. Failure to file proof of service does not
affect the validity of the service.
(C) Publication, Posting, and Mailing. If the manner of service
used requires sending a copy of the summons and complaint by mail, the party
requesting issuance of the summons is responsible for arranging the mailing and
filing proof of service. Proof of publication, posting, and mailing under MCR
2.106 is governed by MCR 2.106(G).
(A) Individuals. 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 proof showing service under
subrule (A)(2).
(B) Individuals; Substituted Service. Service of process may be
made
(1) on a nonresident
individual, by
(a) serving a
summons and a copy of the complaint in Michigan on an agent, employee,
representative, sales representative, or servant of the defendant, and
(b) sending a
summons and a copy of the complaint by registered mail addressed to the
defendant at his or her last known address;
(2) 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;
(3) on a defendant
for whom 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;
(4) on an
individual doing business under an assumed name, by
(a) serving a summons
and copy of the complaint on the person in charge of an office or business
establishment of the individual, and
(b) 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.
(C) Partnerships; Limited Partnerships. Service of process on a
partnership or limited partnership may be made 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.
(D) Private Corporations, Domestic and Foreign. Service of process
on a domestic or foreign corporation may be made 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 Corporation and Securities
Bureau 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.
(E) Partnership Associations; Unincorporated Voluntary
Associations. Service of process on a partnership association or an
unincorporated voluntary association may be made 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.
(F) Service on Insurer. If service on an insurer is made by
serving the Commissioner of Insurance, as permitted by statute, 2 summonses and
a copy of the complaint must be delivered or mailed by registered mail to the
office of the Commissioner of Insurance.
(G) Public Corporations. Service of process on a public,
municipal, quasi-municipal, or governmental corporation, unincorporated board,
or public body may be made 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.
The service of process may be made on an officer having
substantially the same duties as those named or described above, irrespective of
title. In any case, service may be made by serving a summons and a copy of the
complaint on a person in charge of the office of an officer on whom service may
be made and sending a summons and a copy of the complaint by registered mail
addressed to the officer at his or her office.
(H) Agent Authorized by Appointment or by Law.
(1) Service of
process on a defendant may be made 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.
(2) 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.
(I) Discretion of the Court.
(1) On a showing
that service of process cannot reasonably be made as provided by this rule, 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.
(2) A request for
an order under the rule must be made in a verified motion dated not more than
14 days before it is filed. The motion must set forth sufficient facts to show
that process cannot be served under this rule and must state the defendant's
address or last known address, or that no address of the defendant is known. If
the name or present address of the defendant is unknown, the moving party must
set forth facts showing diligent inquiry to ascertain it. A hearing on the
motion is not required unless the court so directs.
(3) Service of
process may not be made under this subrule before entry of the court's order
permitting it.
(J) Jurisdiction; Range of Service; Effect of Improper Service.
(1) Provisions for service of process contained in these rules are
intended to satisfy the due process requirement that a defendant be informed of
an action by the best means available under the circumstances. These rules are
not intended to limit or expand the jurisdiction given the Michigan courts over
a defendant. The jurisdiction of a court over a defendant is governed by the
United States Constitution and the constitution and laws of the State of
Michigan. See MCL 600.701 et seq.
(2) There is no
territorial limitation on the range of process issued by a Michigan court.
(3) An action
shall not be dismissed for improper service of process unless the service
failed to inform the defendant of the action within the time provided in these
rules for service.
(K) Registered and Certified Mail.
(1) 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.
(2) If a rule uses
the term "certified mail," a postmarked receipt of mailing is not
required. Registered mail may be used when a rule requires certified mail.
(A) Availability. This rule governs service of process by
publication or posting pursuant to an order under MCR 2.105(I).
(B) Procedure. A request for an order permitting service under
this rule shall be made by motion in the manner provided in MCR 2.105(I). In
ruling on the motion, the court shall determine whether mailing is required
under subrules (D)(2) or (E)(2).
(C) Notice of Action; Contents.
(1) The order
directing that notice be given to a defendant under this rule must include
(a) the name of
the court,
(b) the names of
the parties,
(c) a statement
describing the nature of the proceedings,
(d) directions as
to where and when to answer or take other action permitted by law or court
rule, and
(e) a statement as
to the effect of failure to answer or take other action.
(2) If the names
of some or all defendants are unknown, the order must describe the relationship
of the unknown defendants to the matter to be litigated in the best way
possible, as, for example, unknown claimants, unknown owners, or unknown heirs,
devisees, or assignees of a named person.
(D) Publication of Order; Mailing. If the court orders notice by
publication, the defendant shall be notified of the action by
(1) publishing a
copy of the order once each week for 3 consecutive weeks, or for such further
time as the court may require, in a newspaper in the county where the defendant
resides, if known, and if not, in the county where the action is pending; and
(2) sending a copy
of the order to the defendant at his or her last known address by registered
mail, return receipt requested, before the date of the last publication. If the
plaintiff does not know the present or last known address of the defendant, and
cannot ascertain it after diligent inquiry, mailing a copy of the order is not
required. The moving party is responsible for arranging for the mailing and
proof of mailing.
(E) Posting; Mailing. If the court orders notice by posting, the
defendant shall be notified of the action by
(1) posting a copy
of the order in the courthouse and 2 or more other public places as the court
may direct for 3 continuous weeks or for such further time as the court may
require; and
(2) sending a copy
of the order to the defendant at his or her last known address by registered
mail, return receipt requested, before the last week of posting. If the
plaintiff does not know the present or last known address of the defendant, and
cannot ascertain it after diligent inquiry, mailing a copy of the order is not
required. The moving party is responsible for arranging for the mailing and
proof of mailing.
The order must designate who is to post the notice and file proof
of posting. Only a person listed in MCR 2.103(B)(1), (2), or (3) may be
designated.
(F) Newspaper Defined.
(1) The term
"newspaper" as used in this rule is limited to a newspaper published
in the English language for the dissemination of general news and information
or for the dissemination of legal news. The newspaper must have a bona fide
list of paying subscribers or have been published at least once a week in the
same community without interruption for at least 2 years, and have been
established, published, and circulated at least once a week without
interruption for at least 1 year in the county where publication is to occur.
(2) If no
newspaper qualifies in the county where publication is to be made under subrule
(D)(1) the term "newspaper" includes a newspaper that by this rule is
qualified to publish notice of actions commenced in an adjoining county.
(G) Proof of Service. Service of process made pursuant to this
rule may be proven as follows:
(1) Publication
must be proven by an affidavit of the publisher or the publisher's agent
(a) stating facts
establishing the qualification of the newspaper in which the order was
published,
(b) setting out a
copy of the published order, and
(c) stating the
dates on which it was published.
(2) Posting must
be proven by an affidavit of the person designated in the order under subrule
(E) attesting that a copy of the order was posted for the required time in the
courthouse in a conspicuous place open to the public and in the other places as
ordered by the court.
(3) Mailing must
be proven by affidavit. The affiant must attach a copy of the order as mailed,
and a return receipt.
(A) Service; When Required.
(1) Unless
otherwise stated in this rule, every party who has filed a pleading, an
appearance, or a motion must be served with a copy of every paper later filed in
the action. A nonparty who has filed a motion or appeared in response to a
motion need only be served with papers that relate to that motion.
(2) Except as
provided in MCR 2.603, after a default is entered against a party, further
service of papers need not be made on that party unless he or she has filed an
appearance or a written demand for service of papers. However, a pleading that
states a new claim for relief against a party in default must be served in the
manner provided by MCR 2.105.
(3) If an attorney
appears on behalf of a person who has not received a copy of the complaint, a
copy of the complaint must be delivered to the attorney on request.
(4) All papers
filed on behalf of a defendant must be served on all other defendants not in
default.
(B) Service on Attorney or Party.
(1) Service
required or permitted to be made on a party for whom an attorney has appeared
in the action must be made on the attorney except as follows:
(a) The original
service of the summons and complaint must be made on the party as provided by
MCR 2.105;
(b) When a
contempt proceeding for disobeying a court order is initiated, the notice or
order must be personally delivered to the party, unless the court orders
otherwise;
(c) After a final
judgment has been entered and the time for an appeal of right has passed,
papers must be served on the party unless the rule governing the particular
postjudgment procedure specifically allows service on the attorney;
(d) The court may
order service on the party.
(2) If two or more
attorneys represent the same party, service of papers on one of the attorneys
is sufficient. An attorney who represents more than one party is entitled to
service of only one copy of a paper.
(3) If a party
prosecutes or defends the action on his or her own behalf, service of papers
must be made on the party in the manner provided by subrule (C).
(C) Manner of Service. Service of a copy of a paper on an attorney
must be made by delivery or by mailing to the attorney at his or her last known
business address or, if the attorney does not have a business address, then to
his or her last known residence address. Service on a party must be made by
delivery or by mailing to the party at the address stated in the party's
pleadings.
(1) Delivery to
Attorney. Delivery of a copy to an attorney within this rule means
(a) handing it to
the attorney personally;
(b) leaving it at
the attorney's office with the person in charge or, if no one is in charge or
present, by leaving it in a conspicuous place; or
(c) if the office
is closed or the attorney has no office, by leaving it at the attorney's usual
residence with some person of suitable age and discretion residing there.
(2) Delivery to
Party. Delivery of a copy to a party within this rule means
(a) handing it to
the party personally; or
(b) leaving it at
the party's usual residence with some person of suitable age and discretion
residing there.
(3) Mailing.
Mailing a copy under this rule 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 mail. Service by
mail is complete at the time of mailing.
(D) Proof of Service. Except as otherwise provided by MCR 2.104,
2.105, or 2.106, proof of service of papers required or permitted to be served
may be by written acknowledgment of service, affidavit of the person making the
service, a statement regarding the service verified under MCR 2.114(A), or
other proof satisfactory to the court. The proof of service may be included at
the end of the paper as filed. Proof of service must be filed promptly and at
least at or before a hearing to which the paper relates.
(E) Service Prescribed by Court. When service of papers after the
original complaint cannot reasonably be made because there is no attorney of
record, because the party cannot be found, or for any other reason, the court,
for good cause on ex parte application, may direct in what manner and on whom
service may be made.
(F) Numerous Parties. In an action in which there is an unusually
large number of parties on the same side, the court on motion or on its own
initiative may order that
(1) they need not
serve their papers on each other;
(2) responses to
their pleadings need only be served on the party to whose pleading the response
is made;
(3) a cross-claim,
counterclaim, or allegation in an answer demanding a reply is deemed denied by
the parties not served; and
(4) the filing of
a pleading and service on an adverse party constitutes notice of it to all parties.
A copy of the order must be served on all parties in the manner
the court directs.
(G) Filing With Court Defined. The filing of pleadings and other
papers with the court as required by these rules must be with the clerk of the
court, except that the judge to whom the case is assigned may accept papers for
filing when circumstances warrant. A judge who does so shall note the filing
date on the papers and transmit them forthwith to the clerk. It is the
responsibility of the party who presented the papers to confirm that they have
been filed with the clerk.
(Current as of 9/1/2005)
(A) Time for Service and Filing of Pleadings.
(1) A defendant
must serve and file an answer or take other action permitted by law or these rules
within 21 days after being served with the summons and a copy of the complaint
in Michigan in the manner provided in MCR 2.105(A)(1).
(2) If service of
the summons and a copy of the complaint is made outside Michigan, or if the
manner of service used requires the summons and a copy of the complaint to be
sent by registered mail addressed to the defendant, the defendant must serve
and file an answer or take other action permitted by law or these rules within
28 days after service.
(3) When service
is made in accordance with MCR 2.106, the court shall allow a reasonable time
for the defendant to answer or take other action permitted by law or these
rules, but may not prescribe a time less than 28 days after publication or
posting is completed.
(4) A party served
with a pleading stating a cross-claim or counterclaim against that party must
serve and file an answer or take other action permitted by law or these rules
within 21 days after service.
(5) A party served
with a pleading to which a reply is required or permitted may serve and file a
reply within 21 days after service of the pleading to which it is directed.
(6) In an action
alleging medical malpractice filed on or after October 1, 1986, unless the
defendant has responded as provided in subrule (A)(1) or (2), the defendant
must serve and file an answer within 21 days after being served with the notice
of filing the security for costs or the affidavit in lieu of such security
required by MCL 600.2912d.
(B) Time for Filing Motion in Response to Pleading. A motion
raising a defense or an objection to a pleading must be served and filed within
the time for filing the responsive pleading or, if no responsive pleading is
required, within 21 days after service of the pleading to which the motion is
directed.
(C) Effect of Particular Motions and Amendments. When a motion or
an amended pleading is filed, the time for pleading set in subrule (A) is
altered as follows, unless a different time is set by the court:
(1) If a motion
under MCR 2.116 made before filing a responsive pleading is denied, the moving
party must serve and file a responsive pleading within 21 days after notice of
the denial. However, if the moving party, within 21 days, files an application
for leave to appeal from the order, the time is extended until 21 days after
the denial of the application unless the appellate court orders otherwise.
(2) An order
granting a motion under MCR 2.116 must set the time for service and filing of
the amended pleading, if one is allowed.
(3) The response
to a supplemental pleading or to a pleading amended either as of right or by
leave of court must be served and filed within the time remaining for response
to the original pleading or within 21 days after service of the supplemental or
amended pleading, whichever period is longer.
(4) If the court
has granted a motion for more definite statement, the responsive pleading must
be served and filed within 21 days after the more definite statement is served.
(D) Time for Service of Order to Show Cause. An order to show cause
must set the time for service of the order and for the hearing, and may set the
time for answer to the complaint or response to the motion on which the order
is based.
(E) Extension of Time. A court may, with notice to the other
parties who have appeared, extend the time for serving and filing a pleading or
motion or the doing of another act, if the request is made before the
expiration of the period originally prescribed. After the expiration of the
original period, the court may, on motion, permit a party to act if the failure
to act was the result of excusable neglect. However, if a rule governing a
particular act limits the authority to extend the time, those limitations must
be observed. MCR 2.603(D) applies if a default has been entered.
(F) Unaffected by Expiration of Term. The time provided for the
doing of an act or the holding of a proceeding is not affected or limited by
the continuation or expiration of a term of court. The continuation or
expiration of a term of court does not affect the power of a court to do an act
or conduct a proceeding in a civil action pending before it.
(A) Motion. On motion of a party against whom a claim has been
asserted in a civil action, if it appears reasonable and proper, the court may
order the opposing party to file with the court clerk a bond with surety as
required by the court in an amount sufficient to cover all costs and other
recoverable expenses that may be awarded by the trial court, or, if the
claiming party appeals, by the trial and appellate courts. The court shall
determine the amount in its discretion. MCR 3.604(E) and (F) govern objections
to the surety.
(B) Exceptions. Subrule (A) does not apply in the following
circumstances:
(1) The court may
allow a party to proceed without furnishing security for costs if the party's
pleading states a legitimate claim and the party shows by affidavit that he or
she is financially unable to furnish a security bond.
(2) Security shall
not be required of
(a) the United States
or an agency or instrumentality of the United States;
(b) the State of
Michigan or a governmental unit of the state, including but not limited to a
public, municipal, quasi-municipal or governmental corporation, unincorporated
board, public body, or political subdivision; or
(c) an officer of
a governmental unit or agency exempt from security who brings an action in his
or her official capacity.
(C) Modification of Order. The court may order new or additional
security at any time on just terms,
(1) if the party
or the surety moves out of Michigan, or
(2) if the
original amount of the bond proves insufficient.
A person who becomes a new or additional surety is liable for all
costs from the commencement of the action, as if he or she had been the original
surety.
(A) Attendance of Party or Witness.
(1) The court in
which a matter is pending may by order or subpoena command a party or witness
to appear for the purpose of testifying in open court on a date and time certain
and from time to time and day to day thereafter until excused by the court, and
to produce notes, records, documents, photographs, or other portable tangible
things as specified.
(2) The court may
require a party and a representative of an insurance carrier for a party with
information and authority adequate for responsible and effective participation
in settlement discussions to be present or immediately available at trial.
(3) A subpoena may
be issued only in accordance with this rule or MCR 2.305, 2.621(C), 9.112(D),
9.115(I)(1), or 9.212.
(B) Authorized Signatures.
(1) A subpoena
signed by an attorney of record in the action or by the clerk of the court in
which the matter is pending has the force and effect of an order signed by the
judge of that court.
(2) For the
purpose of this subrule, an authorized signature includes but is not limited to
signatures written by hand, printed, stamped, typewritten, engraved,
photographed, or lithographed.
(C) Notice to Witness of Required Attendance.
(1) The signer of
a subpoena must issue it for service on the witness sufficiently in advance of
the trial or hearing to give the witness reasonable notice of the date and time
the witness is to appear. Unless the court orders otherwise, the subpoena must
be served at least 2 days before the witness is to appear.
(2) The party
having the subpoena issued must take reasonable steps to keep the witness
informed of adjournments of the scheduled trial or hearing.
(3) If the served
witness notifies the party that it is impossible for the witness to be present
in court as directed, the party must either excuse the witness from attendance
at that time or notify the witness that a special hearing may be held to
adjudicate the issue.
(D) Form of Subpoena. A subpoena must:
(1) be entitled in
the name of the People of the State of Michigan;
(2) be imprinted
with the seal of the Supreme Court of Michigan;
(3) have typed or
printed on it the name of the court in which the matter is pending;
(4) state the place
where the trial or hearing is scheduled;
(5) state the
title of the action in which the person is expected to testify;
(6) state the file
designation assigned by the court; and
(7) state that
failure to obey the commands of the subpoena or reasonable directions of the
signer as to time and place to appear may subject the person to whom it is
directed to penalties for contempt of court.
The state court administrator shall develop and approve a subpoena
form for statewide use.
(E) Refusal of Witness to Attend or to Testify; Contempt.
(1) If a person
fails to comply with a subpoena served in accordance with this rule or with a
notice under subrule (C)(2), the failure may be considered a contempt of court
by the court in which the action is pending.
(2) If a person
refuses to be sworn or to testify regarding a matter not privileged after being
ordered to do so by the court, the refusal may be considered a contempt of
court.
(F) Failure of Party to Attend. If a party or an officer,
director, or managing agent of a party fails to attend or produce documents or
other tangible evidence pursuant to a subpoena or an order to attend, the court
may:
(1) stay further
proceedings until the order is obeyed;
(2) tax costs to
the other party or parties to the action;
(3) strike all or
a part of the pleadings of that party;
(4) refuse to
allow that party to support or oppose designated claims and defenses;
(5) dismiss the
action or any part of it; or
(6) enter judgment
by default against that party.
(G) Service of Subpoena and Order to Attend; Fees.
(1) A subpoena may
be served anywhere in Michigan in the manner provided by MCR 2.105. The fee for
attendance and mileage provided by law must be tendered to the person on whom
the subpoena is served at the time of service. Tender must be made in cash, by
money order, by cashier's check, or by a check drawn on the account of an
attorney of record in the action or the attorney's authorized agent.
(2) A subpoena may
also be served by mailing to a witness a copy of the subpoena and a
postage-paid card acknowledging service and addressed to the party requesting
service. The fees for attendance and mileage provided by law are to be given to
the witness after the witness appears at the court, and the acknowledgment card
must so indicate. If the card is not returned, the subpoena must be served in
the manner provided in subrule (G)(1).
(3) A subpoena or
order to attend directed to a party, or to an officer, director, or managing
agent of a party, may be served in the manner provided by MCR 2.107, and fees
and mileage need not be paid.
(H) Hearing on Subpoena or Order.
(1) A person
served with a subpoena or order to attend may appear before the court in person
or by writing to explain why the person should not be compelled to comply with
the subpoena, order to attend, or directions of the party having it issued.
(2) The court may
direct that a special hearing be held to adjudicate the issue.
(3) For good cause
with or without a hearing, the court may excuse a witness from compliance with
a subpoena, the directions of the party having it issued, or an order to
attend.
(4) A person must
comply with the command of a subpoena unless relieved by order of the court or
written direction of the person who had the subpoena issued.
(I) Subpoena for Production of Hospital Medical Records.
(1) Except as
provided in subrule (I)(5), a hospital may comply with a subpoena calling for
production of medical records belonging to the hospital in the manner provided
in this subrule. This subrule does not apply to x-ray films or to other
portions of a medical record that are not susceptible to photostatic
reproduction.
(a) The hospital
may deliver or mail to the clerk of the court in which the action is pending,
without cost to the parties, a complete and accurate copy of the original
record.
(b) The copy of
the record must be accompanied by a sworn certificate, in the form approved by
the state court administrator, signed by the medical record librarian or another
authorized official of the hospital, verifying that it is a complete and
accurate reproduction of the original record.
(c) The envelope
or other container in which the record is delivered to the court shall be
clearly marked to identify its contents. If the hospital wishes the record
returned when it is no longer needed in the action, that fact must be stated on
the container, and, with the record, the hospital must provide the clerk with a
self-addressed, stamped envelope that the clerk may use to return the record.
(d) The hospital
shall promptly notify the attorney for the party who caused the subpoena to be
issued that the documents involved have been delivered or mailed to the court
in accordance with subrule (I)(1).
(2) The clerk
shall keep the copies sealed in the container in which they were supplied by
the hospital. The container shall be clearly marked to identify the contents,
the name of the patient, and the title and number of the action. The container
shall not be opened except at the direction of the court.
(3) If the
hospital has requested that the record be returned, the clerk shall return the
record to the hospital when 42 days have passed after a final order terminating
the action, unless an appeal has been taken. In the event of an appeal, the
record shall be returned when 42 days have passed after a final order
terminating the appeal. If the hospital did not request that the record be
returned as provided in subrule (I)(1)(c), the clerk may destroy the record
after the time provided in this subrule.
(4) The
admissibility of the contents of medical records produced under this rule or
under MCR 2.314 is not affected or altered by these procedures and remains
subject to the same objections as if the original records were personally produced
by the custodian at the trial or hearing.
(5) A party may
have a subpoena issued directing that an original record of a person be
produced at the trial or hearing by the custodian of the record. The subpoena
must specifically state that the original records, not copies, are required. A
party may also require, by subpoena, the attendance of the custodian without
the records.
In Michigan,
lobbyists and state officials are always active in transforming laws concerning
civil procedure. As a result, state
information offered on our website may have been amended recently. For contemporary process serving and civil
statutes, visit the official Michigan Judicial System Court website: http://www.courts.michigan.gov/
