Bill Text: MI HB4477 | 2015-2016 | 98th Legislature | Chaptered
Bill Title: Civil procedure; appeals; service of papers; provide for alternate service if party is protected by a protective order. Amends secs. 227 & 316 of 1961 PA 236 (MCL 600.227 & 600.316).
Spectrum: Slight Partisan Bill (Republican 8-4)
Status: (Passed) 2016-04-27 - Assigned Pa 91'16 With Immediate Effect [HB4477 Detail]
Download: Michigan-2015-HB4477-Chaptered.html
Act No. 91
Public Acts of 2016
Approved by the Governor
April 26, 2016
Filed with the Secretary of State
April 26, 2016
EFFECTIVE DATE: July 25, 2016
STATE OF MICHIGAN
98TH LEGISLATURE
REGULAR SESSION OF 2016
Introduced by Reps. Kesto, Kosowski, Kivela, Heise, Glardon, Faris, Hughes, Glenn, Price, Lyons, Cox and Geiss
ENROLLED HOUSE BILL No. 4477
AN ACT to amend 1961 PA 236, entitled “An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of the courts, and of the judges and other officers of the courts; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in the courts; pleading, evidence, practice, and procedure in civil and criminal actions and proceedings in the courts; to provide for the powers and duties of certain state governmental officers and entities; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,” by amending sections 227 and 316 (MCL 600.227 and 600.316).
The People of the State of Michigan enact:
Sec. 227. (1) All writs and process issuing out of the supreme court shall be styled: “In the Name of the People of the State of Michigan,” and may be executed in any county of this state. The seal of the supreme court affixed to, or impressed on, any writ or process in an action or proceeding is conclusive evidence that the writ or process was issued by the supreme court in all cases in which the writ or process may be lawfully issued.
(2) If a court order has been entered in an action appealed to the supreme court that prohibits the disclosure of the address of a party to the action or that prohibits a party to the action from contacting another party to the action, a party shall serve process or papers in the appeal that are required to be served directly on the protected party by delivering sufficient extra copies of the process or papers to the clerk of the supreme court with a request that the clerk, a sheriff, deputy sheriff, or police officer, or an appointed court officer serve the process or papers on the protected party. The clerk, sheriff, deputy sheriff, police officer, or court officer shall serve process or papers received under this subsection at 1 of the following:
(a) The confidential address provided by the protected party to the court under Michigan court rules.
(b) If a confidential address has not been provided under subdivision (a), the last known address of the protected party as provided by the court of appeals or trial court.
Sec. 316. (1) Process issued by the court of appeals may be served by any member of the Michigan state police or by any other officer or individual authorized to serve process issued by a circuit court.
(2) If a court order has been entered in an action appealed to the court of appeals that prohibits the disclosure of the address of a party to the action or that prohibits a party to the action from contacting another party to the action, a party shall serve process or papers in the appeal that are required to be served directly on the protected party by delivering sufficient extra copies of the process or papers to the clerk of the court of appeals with a request that the clerk, a sheriff, deputy sheriff, or police officer, or an appointed court officer serve the process or papers on the protected party. The clerk, sheriff, deputy sheriff, police officer, or court officer shall serve process or papers received under this subsection at 1 of the following:
(a) The confidential address provided by the protected party to the court under Michigan court rules.
(b) If a confidential address has not been provided under subdivision (a), the last known address of the protected party as provided by the trial court.
Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.
This act is ordered to take immediate effect.
Clerk of the House of Representatives
Secretary of the Senate
Approved
Governor
