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.