May 7, 2008, Introduced by Senator JELINEK and referred to the Committee on Judiciary.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending sections 8405 and 8406 (MCL 600.8405 and 600.8406),
section 8405 as amended by 1996 PA 579.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 8405. Except as otherwise provided in this section,
service of the affidavit and notice to appear and answer shall be
made
upon the defendant by certified mail, return receipt requested
and
deliverable to the addressee only, by personal
service, or upon
a showing that service of process cannot reasonably be made as
provided by this section, the court may, by order, permit service
of process to be made in any other manner reasonably calculated to
give the defendant actual notice of the proceedings and an
opportunity
to be heard. Where service by certified mail is made,
it
shall be made by the clerk and the receipt of mailing together
with
the return card signed by the defendant shall constitute proof
of
service.
Sec. 8406. (1) The date for the appearance of the defendant
provided in the notice shall not be less than 15 days nor more than
45 days after the date of the notice. The person filing the claim
shall receive from the clerk a copy of the affidavit and notice of
hearing. The plaintiff shall appear on the date shown in the notice
of hearing and have all books, papers, and witnesses necessary to
prove the claim. If the notice is not served upon the defendant at
least 7 days before the appearance date, the plaintiff may apply to
the clerk or deputy clerk for a new notice setting a new date for
the appearance of the defendant which shall be not less than 15
days nor more than 30 days after the date of the issuance of the
new notice.
(2)
If a defendant is not personally served or did not sign
the
certified mail return receipt at
least 7 days before the
appearance date, there shall not be jurisdiction to render
judgment, unless the defendant appears on the appearance date and
does not request a continuance. If the defendant was not served
within the minimum time specified, the matter, upon request of
either party, shall be continued for not less than 7 days.