October 15, 2009, Introduced by Rep. Green and referred to the Committee on Judiciary.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending section 5732 (MCL 600.5732) and by adding section 5736.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 5732. (1) Pursuant to applicable court rules, and except
as
provided by law, a court having that has jurisdiction
over
summary proceedings may provide for pleadings and motions, issue
process and subpoenas, compel the attendance and testimony of
witnesses, enter and set aside defaults and default judgments,
allow amendments to pleadings, process, motions, and orders, order
adjournments and continuances, make and enforce all other writs and
orders, and do all other things necessary to hear and determine
summary proceedings.
(2) A court, magistrate, district court clerk, or other court
employee shall not limit the number of summary proceedings that a
person may concurrently file or schedule for hearing at any 1 time.
Sec. 5736. A copy of a summons and complaint in a summary
proceeding, including any claim described in section 5739 if the
claim does not exceed the amount over which the small claims
division has jurisdiction under section 8401, may be served on the
defendant by doing both of the following:
(a) Mailing the summons and complaint to the defendant. Unless
the court mails the summons and complaint and keeps a record, the
plaintiff shall mail the summons and complaint by first-class mail
and obtain a certificate of mailing. The certificate of mailing is
proof of service.
(b) One of the following:
(i) Serving the defendant by any method provided in court rules
for the service of process in a civil action.
(ii) After diligent attempts at personal service have been
made, securely attaching the papers to the main entrance of the
defendant's dwelling unit. A return of service made under this
subparagraph shall list the attempts at personal service. Service
under this subparagraph is effective only if a return of service is
filed showing that, after diligent attempts, personal service could
not be made.