Opinion
SC 163194 COA 356431
10-22-2021
In re JONES. v. CHIPPEWA CIRCUIT COURT JUDGE, Defendant-Appellee. DEANGELO JONES, Plaintiff-Appellant,
Bridget M. McCormack, Chief Justice, Brian K. Zahra, David F. Viviano, Richard H. Bernstein, Elizabeth T. Clement, Megan K. Cavanagh, Elizabeth M. Welch, Justices.
ORDER
On order of the Court, the application for leave to appeal the June 16, 2021 order of the Court of Appeals is considered, and it is DENIED, because we are not persuaded that the question presented should be reviewed by this Court.
McCormack, C.J. (concurring).
I agree with the Court's decision to deny leave because the trial court correctly concluded that the plaintiff, DeAngelo Jones, has not properly served the defendant. I write separately to address Mr. Jones's service barrier.
When a plaintiff serves a defendant with a complaint, they generally must use certified mail. MCR 2.105(A)(2). This presents a problem for litigants like Mr. Jones who are currently incarcerated, as the Michigan Department of Corrections will not fund certified mail unless an inmate is required to send a document to court. See Michigan Department of Corrections, PD 05.03.118 (March 1, 2018). As filing an affirmative lawsuit is not required, inmates seeking access to the courts might be in a bind.
But the court rules sensibly provide an alternative option. A plaintiff can file a motion with the court seeking approval for an alternative form of process. MCR 2.105(I). Where the plaintiff shows they can't reasonably comply with the service of process rules, the court has discretion to allow an alternative form of process, like first-class mail.
If the court denies a motion for alternative process, a plaintiff can also claim protection from MCR 2.105(J)(3) if the defendant receives actual, timely notice of the action. See Hill v Frawley, 155 Mich.App. 611, 613 (1987).