Overview
Process Server in Michigan: How Service of Process Works
Michigan lets any legally competent adult who isn't a party, or an officer of a corporate party, serve process under Michigan Court Rule 2.103. Michigan is stricter than many states in one way: there's no automatic option to leave papers with a household member. A defendant must be served personally or by certified mail restricted to the addressee, and any other method, such as leaving papers at the home, needs a court order first. A summons expires 91 days after it's issued.
Who serves process
Who Can Serve Legal Documents in Michigan
Under MCR 2.103(A), process may be served by any legally competent adult who is not a party or an officer of a corporate party. Michigan doesn't license process servers.
Michigan has no general 'leave it with someone at home' rule. Unless the defendant is served personally or by restricted-delivery certified mail, a court order for substituted service under MCR 2.105(J) is required, and service made before the order is entered isn't valid.
Typical documents include summonses and complaints, landlord-tenant papers, subpoenas, family law papers and personal protection orders.
Proof you receive: a sworn affidavit of service
A process server signs a proof of service stating the facts of service; for mail service, the signed return receipt is attached.
Personal service statewide
Personal service in all 83 Michigan counties, the method Michigan courts favor, with a proof of service that meets MCR 2.104.
Substituted service support
Detailed attempt records to support a verified MCR 2.105(J) motion when the defendant can't be served personally.
Detroit, Grand Rapids and statewide
Fast service in Wayne, Oakland, Macomb, Kent and every Michigan county.
The rules
Michigan Service of Process Rules
The Michigan court rules that matter most for service:
| Rule | What it covers |
|---|---|
| MCR 2.103(A) | Who may serve: any legally competent adult non-party |
| MCR 2.105(A) | Personal service or restricted-delivery certified mail |
| MCR 2.105(J) | Substituted service only by court order |
| MCR 2.102(D) | Summons expires 91 days after issue |
| MCR 2.104 | Proof of service |
| MCR 2.108(A) | 21 or 28 days to answer, depending on how served |
Treaties
Michigan and the Hague Conventions: Treaty Status
The Hague Service Convention lets member countries send documents to each other's Central Authorities for service. Michigan has not joined it, so that route isn't available, and the Convention's Article 10 rules on postal and private service don't apply. Whether those methods are acceptable depends on Michigan's law and on what your court allows.
Michigan is not a party to the Hague Evidence Convention, so requests for witness testimony or documents go through letters rogatory.
