(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 document later filed in the action. A nonparty who has filed a motion or appeared in response to a motion need only be served with document that relate to that motion.(2) Except as provided in MCR 2.603, after a default is entered against a party, further service of document need not be made on that party unless he or she has filed an appearance or a written demand for service of document. 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 document 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 or final order has been entered and the time for an appeal of right has passed, document 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; (e) If an attorney files a notice of limited appearance under MCR 2.117 on behalf of a self-represented party, service of every document later filed in the action must continue to be made on the party, and must also be made on the limited scope attorney for the duration of the limited appearance. At the request of the limited scope attorney, and if circumstances warrant, the court may order service to be made only on the party.(2) If two or more attorneys represent the same party, service of document 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 document. (3) If a party prosecutes or defends the action on his or her own behalf, service of document must be made on the party in the manner provided by subrule (C).(C) Manner of Service. Except under MCR 1.109(G)(6)(a), service of a copy of a document 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. Except under MCR 1.109(G)(6)(a), 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, serving it electronically under MCR 1.109(G)(6)(a), or, if agreed to by the parties, e-mailing it to the attorney as allowed under MCR 2.107(C)(4);(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, serving it electronically under MCR 1.109(G)(6)(a), or, if agreed to by the parties, e-mailing it to the party as allowed under MCR 2.107(C)(4); 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.(4) Alternative Electronic Service
(a) Except as provided by MCR 1.109(G)(6)(a)(ii), the parties may agree to alternative electronic service among themselves by filing a stipulation in that case. Some or all of the parties may also agree to alternative electronic service of notices and court documents in a particular case by a court or a friend of the court by filing an agreement with the court or friend of the court respectively. Alternative electronic service may be by any of the following methods:
(i) e-mail,(ii) text message, or(iii) alert consisting of an e-mail or text message to log into a secure website to view notices and court papers.(b) Obligation to Provide and Update Information.
(i) The agreement for alternative electronic service shall set forth the e-mail addresses or phone numbers for service. Attorneys who agree to e-mail service shall include the same e-mail address currently on file with the State Bar of Michigan. If an attorney is not a member of the State Bar of Michigan, the e-mail address shall be the e-mail address currently on file with the appropriate registering agency in the state of the attorney’s admission. Parties or attorneys who have agreed to alternative electronic service under this subrule shall immediately notify, as required, the court or the friend of the court if the e-mail address or phone number for service changes.(ii) The agreement for service by text message or text message alert shall set forth the phone number for service. Parties or attorneys who have agreed to service by text message or text message alert under this subrule shall immediately notify, as required, the court or the friend of the court if the phone number for service changes.(c) The party or attorney shall set forth in the agreement all limitations and conditions concerning e-mail or text message service, including but not limited to:
(i) the maximum size of the document that may be attached to an e-mail or text message,(ii) designation of exhibits as separate documents,(iii) the obligation (if any) to furnish paper copies of e-mailed or text message documents, and(iv) the names and e-mail addresses of other individuals in the office of an attorney of record designated to receive e-mail service on behalf of a party.(d) Documents served by e-mail or text message must be in PDF format or other format that prevents the alteration of the document contents. Documents served by alert must be in PDF format or other format for which a free downloadable reader is available.(e) A document served by alternative electronic service that the court or friend of the court or his or her authorized designee is required to sign may be signed in accordance with MCR 1.109(E).(f) Each e-mail or text message that transmits a document or provides an alert to log in to view a document shall identify in the e-mail subject line or at the beginning of the text message the name of the court, case name, case number, and the title of each document being sent.(g) An alternative electronic service transmission sent at or before 11:59 p.m. shall be deemed to be served on that day. If the transmission is sent on a Saturday, Sunday, legal holiday, or other day on which the court is closed pursuant to court order, it is deemed to be served on the next business day.(h) A party or attorney may withdraw from an agreement for alternative electronic service by notifying the party or parties, court, and the friend of the court, as appropriate, in writing and shall take effect immediately.(i) Alternative electronic service is complete upon transmission, unless the party, court, or friend of the court making service learns that the attempted service did not reach the intended recipient. If an alternative electronic service transmission is undeliverable, the entity responsible for serving the document must serve the document by regular mail under MCR 2.107(C)(3) or by delivery under MCR 2.107(C)(1) or (2), and include a copy of the return notice indicating that the electronic transmission was undeliverable. The court or friend of the court must also retain a notice that the electronic transmission was undeliverable.(j) The party, court, or friend of the court shall maintain an archived record of sent items that shall not be purged until a judgment or final order is entered and all appeals have been completed.(k) This rule does not require the court or the friend of the court to create functionality it does not have nor accommodate more than one standard for alternative electronic service.(l) The party or attorney requesting electronic service under this subrule is required to submit a request to initiate, update, modify, or withdraw from electronic service to the court independently from the friend of the court office.(D) Proof of Service. Except as otherwise provided by MCR 2.104, 2.105, or 2.106, proof of service of documents required or permitted to be served must be by written acknowledgment of service, or a written statement by the individual who served the documents verified under MCR 1.109(D)(3). The proof of service may be included at the end of the document as filed. Proof of service must be filed promptly and at least at or before a hearing to which the document relates.(E) Service Prescribed by Court. When service of documents 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 documents 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.
Mich. R. Civil. Proc. 2.107
Last amended September 20, 2017, effective January 1, 2018; amended May 30, 2018, effective September 1, 2018; amended August 30, 2018, effective September 1, 2018; amended March 20, 2019, effective May 1, 2019; amended September 18, 2019, effective January 1, 2020.
