Bill Text: MI HB4477 | 2015-2016 | 98th Legislature | Engrossed
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-Engrossed.html
HB-4477, As Passed House, October 15, 2015
SUBSTITUTE FOR
HOUSE BILL NO. 4477
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
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 shall run into and may
be executed in any county of
the
this state. The seal of the supreme court affixed to, or
impressed
upon, on, any writ or process in any an action
or
proceeding
shall be is conclusive evidence that the writ or process
was
issued by the supreme court in all cases where such 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 as well as or by
any
other officer or person individual
authorized to serve process
issued
out of 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.
