Michigan Proof of Service
Michigan lets any adult non-party serve a civil summons with no license or registration, but the summons expires 91 days after issuance and the case is automatically dismissed as to any unserved defendant unless a judge extends it.
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Introduction
Michigan does not license, register, or bond process servers. Under MCR 2.103(A), any legally competent adult who is not a party or an officer of a corporate party may serve a summons and complaint; adulthood starts at 18 (MCL 722.52(1)). A party cannot serve their own summons. Sheriffs, deputies, bailiffs, court officers, and attorneys for a party may also serve and prove it by unsworn certificate. The SCAO Summons, form MC 01, prints a proof on its back; MC 01 is not mandatory, so a separate proof may be used, and the issuing court's version controls if required. A private server instead signs a statement verified under MCR 1.109(D)(3) under penalty of perjury, not a notarized affidavit. Personal delivery and registered or certified mail, return receipt requested, restricted delivery, are equal methods under MCR 2.105(A); mail is not complete until the defendant acknowledges receipt, and ordinary first-class mail alone does not serve a summons. A summons expires 91 days after issuance, and the case is automatically dismissed without prejudice as to any unserved defendant unless a judge grants a second summons valid up to 1 year from original issuance on a due-diligence showing. There is no fixed deadline to file the proof, though a court needs it before entering a default. Later papers go to the opposing attorney or self-represented party by hand, left at an office or residence, by mail, or electronically as MCR 2.107(G) requires where possible. Federal, foreign, and government service follow separate rules not covered here. Attorney review is available before you file.
Key Things to Know
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Any legally competent adult who is not a party to the case or an officer of a corporate party may serve the summons and complaint, and Michigan imposes no process-server license, registration, or bond (MCR 2.103(A)). The SCAO-approved Summons, form MC 01, prints a proof of service on its back, but MC 01 is not mandatory, so a separate proof with the required facts may also be used; if the issuing court requires its own version, that court's form controls.
- 2
A party to the case cannot serve their own summons. Sheriffs, deputies, bailiffs, appointed court officers, and attorneys for a party may serve too, and they certify service without a perjury declaration, unlike a private server (MCR 2.103(A); MCR 2.104(A)(2)).
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A private server's proof is an unsworn written statement declared true under penalty of perjury under MCR 1.109(D)(3), not a notarized affidavit. No notary block appears on the SCAO proof-of-service language.
- 4
Registered or certified mail, return receipt requested and delivery restricted to the addressee, is an equal first-tier method with personal delivery, not a fallback, but service is not complete until the defendant acknowledges receipt, and the signed return receipt must be attached to the proof (MCR 2.105(A)(2)). Ordinary first-class mail alone does not serve a summons.
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Michigan's individual-service rule has no general leave-at-dwelling substituted service. Outside narrow categories such as nonresidents and minors, an alternate method requires a verified motion and a court order showing personal or mail service cannot reasonably be made (MCR 2.105(B), (J)).
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A summons expires 91 days after it is issued, and the action is automatically deemed dismissed without prejudice as to any unserved defendant, with no motion required. A judge may extend a second summons for up to 1 year from the original issuance on a due-diligence showing (MCR 2.102(D)-(E)).
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There is no fixed day count to file the proof of service; failure to file it does not affect the validity of service itself, though a court generally needs the proof before entering a default (MCR 2.104(B); MCR 2.603(A)(1)). Later papers instead have their own certificate-of-service rule under MCR 2.107(D).
Key decisions before you file
Before you file a Proof of Service in Michigan, a few decisions shape the document: which option to choose and what each one means. The Proof of Service guide walks through them.
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Michigan Requirements for Proof of Service
No Process-Server License Required
Any legally competent adult who is not a party to the case or an officer of a corporate party may serve a Michigan summons and complaint, with no statewide process-server license, registration, or bond requirement (MCR 2.103(A)).
Party Barred From Serving the Summons
A party to the case cannot serve their own summons and complaint. Sheriffs, deputies, bailiffs, appointed court officers, and attorneys for a party may serve instead, and prove it with an unsworn certificate (MCR 2.103(A); MCR 2.104(A)(2)).
91-Day Summons Life With Automatic Dismissal
A summons expires 91 days after it is issued, and the action is automatically deemed dismissed without prejudice as to any unserved defendant, with no motion required. A judge may extend a second summons for up to 1 year from the original issuance on a due-diligence showing (MCR 2.102(D)-(E)).
Registered or Certified Mail Complete on Acknowledgment
Mail service of a summons must be by registered or certified mail, return receipt requested, with delivery restricted to the addressee. It is not complete until the defendant acknowledges receipt, and the signed return receipt must be attached to the proof (MCR 2.105(A)(2)).
No Fixed Deadline to File the Proof
Failure to file the proof of service does not affect the validity of service itself, so Michigan sets no fixed day count to file it, though a court generally needs the proof on file before entering a default (MCR 2.104(B); MCR 2.603(A)(1)).
Declaration Under Penalty of Perjury, Not an Affidavit
A private server's proof of service is a written statement verified under MCR 1.109(D)(3) and declared true under penalty of perjury, not a notarized affidavit. An officer or attorney for a party instead certifies service without a perjury declaration.
Proof of Service Printed on the MC 01 Summons
Michigan has no standalone numbered proof-of-service form; the proof is printed on the reverse of the SCAO-approved Summons, form MC 01, which is not mandatory, so a separate proof with the required facts may be used. If the issuing court requires its own version of that form, the court's form controls.
Electronic Service Mandate for Later Papers
Michigan Court Rule 2.107(G) requires that service of documents other than case-initiating process be performed by electronic means, such as e-filing, email, or fax, to the greatest extent possible.
Certificate of Service Filed Before the Related Hearing
Proof of service of later papers must be filed promptly and at least at or before any hearing to which the document relates, using the same MCR 1.109(D)(3) declaration formula; the optional SCAO form is MC 302, Proof of Mailing (MCR 2.107(D)).