Bill Text: MI SB0244 | 2021-2022 | 101st Legislature | Chaptered

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Bill Title: Civil procedure: service of process; proof of service; provide for verification of service. Amends sec. 1910 of 1961 PA 236 (MCL 600.1910).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2022-03-24 - Assigned Pa 0036'22 [SB0244 Detail]

Download: Michigan-2021-SB0244-Chaptered.html

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Act No. 36

Public Acts of 2022

Approved by the Governor

March 23, 2022

Filed with the Secretary of State

March 23, 2022

EFFECTIVE DATE:  Sine Die

 

 

 

 

 

state of michigan

101st Legislature

Regular session of 2022

Introduced by Senator Runestad

ENROLLED SENATE BILL No. 244

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 section 1910 (MCL 600.1910), as amended by 1994 PA 403.

The People of the State of Michigan enact:

Sec. 1910. (1) Proof of service of process must be made by 1 of the following methods:

(a) Written acknowledgment of the receipt of a summons and a copy of the complaint, dated and signed by the person authorized under this act to receive them.

(b) A certificate, stating the facts of service, if service is made in this state by any of the following:

(i) A sheriff.

(ii) A deputy sheriff, medical examiner, court officer, or constable, or a deputy of any of these officers.

(c) If service is made by any other individual, a written statement of the facts of service that is signed and dated and verified by the following statement: “I declare under the penalty of perjury that this proof of service has been examined by me and that its contents are true to the best of my information, knowledge, and belief.”.

(2) Failure to make proof of service does not affect the validity of the service.

Enacting section 1. This amendatory act takes effect 180 days after the date it is enacted into law.

 

Secretary of the Senate

 

Clerk of the House of Representatives

Approved___________________________________________

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Governor