Opinion
July 22, 2003.
Order Entered.
On order of the Court, this is to advise that the Court is considering an amendment of Rule 2.105 of the Michigan Court Rules. Before determining whether the proposal should be adopted, changed before adoption, or rejected, this notice is given to afford interested persons the opportunity to comment on the form or the merits of the proposal, or to suggest alternatives. The Court welcomes the views of all. This matter will be considered at a public hearing by the Court before a final decision is made. The schedule and agendas for public hearings are posted on the Court's website, www.courts.michigan. gov/supremecourt.
Publication of this proposal does not mean that the Court will issue an order on the subject, nor does it imply probable adoption of the proposal in its present form.
[The present language would be amended as indicated below:]
RULE 2.105. PROCESS; MANNER OF SERVICE
(A)-(H) [Unchanged.]
(I) Discretion of the Court.
(1) On a showing that service of process cannot reasonably be made as provided by this rule, 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. However, notice by publication may not be used in a case in which personal jurisdiction over a defendant is sought.
(2)-(3) [Unchanged.]
(J)-(K) [Unchanged.]
Staff Comment: The proposed amendment of MCR 2.105(I) would disallow service by publication in actions where personal jurisdiction is sought.
The staff comment is published only for the benefit of the bench and bar and is not an authoritative construction by the Court.
A copy of this order will be given to the Secretary of the State Bar and to the State Court Administrator so that they can make the notifications specified in MCR 1.201. Comments on these proposals may be sent to the Supreme Court Clerk in writing or electronically by November 1, 2003, at P.O. Box 30052, Lansing, MI 48909, or MSC_clerk@courts.mi.gov. When filing a comment, please refer to ADM File No. 2002-30. Your comments and the comments of others will be posted at www.courts.michigan. gov/supremecourt/resources/administrative/index.htm.