Opinion
No. 99-26.
December 14, 1999.
On order of the Court, this is to advise that the Court is considering an amendment of Rule 2.107 of the Michigan Court Rules. Before determining whether the proposal should be adopted, changed before adoption, or rejected, this notice is given to afford any interested person the opportunity to comment on the form or the merits of the proposal. We welcome the views of all who wish to address the proposal or who wish to suggest alternatives. Before adoption or rejection, this proposal will be considered at a public hearing by the Court. The Clerk of the Court will publish a schedule of future public hearings.
As whenever this Court publishes an administrative proposal for comment, we emphasize that 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 2.107 Service and Filing of Pleadings and Other Papers
(A) — (B) [Unchanged.]
(C) Manner of Service. Service of a copy of a paper on an attorney must be made by delivery or by mailing to the attorney at his or her last known business address or, if the attorney does not have a business address, then to his or her last known residence address. Service on a party must be made by delivery or by mailing to the party at the address stated in the party's pleadings.
(1) Delivery to Attorney. Delivery of a copy to an attorney within this rule means
(a) handing it to the attorney personally;
(b) leaving it at the attorney's office with the person in charge or, if no one is in charge or present, by leaving it in a conspicuous place;or
(c) if the office is closed or the attorney has no office, by leaving it at the attorney's usual residence with some person of suitable age and discretion residing there.; or
(d) transmitting it by facsimile to the attorney's office. Facsimile transmission occurs when the sender confirms that the entire document has been transmitted to the facsimile machine of the attorney to be served. A proof of service by facsimile shall state the manner of confirmation. Facsimile transmission after 3:00 p.m. Eastern time shall be deemed to be served on the next day that is not a Saturday, Sunday, or legal holiday.
(2) Delivery to Party. Delivery of a copy to a party within this rule means
(a) handing it to the party personally; or
(b) leaving it at the party's usual residence with some person of suitable age and discretion residing there.; or
(c) transmitting it by facsimile to the party's facsimile number. Facsimile transmission occurs when the sender confirms that the entire document has been transmitted to the facsimile machine of the party to be served. A proof of service by facsimile shall state the manner of confirmation. Facsimile transmission after 5:00 p.m. Eastern time shall be deemed to be served on the next day that is not a Saturday, Sunday, or legal holiday.
(3) [Unchanged.]
(4) Facsimile Service. When utilizing facsimile service as set forth in (C)(1)(d) or (C)(2)(c), a copy of the transmission shall also be sent by United States mail on the same day as the facsimile transmission.
(D) — (G) [Unchanged.]
The staff comment is published only for the benefit of the bench and bar and is not an authoritative construction by the Court.
Publication of this proposal does not mean that the Court will issue an order on the subject, nor does it imply probable adoption in its present form. Timely comments will be substantively considered and your assistance is appreciated 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 this proposal may be sent to the Supreme Court Clerk within 60 days after it is published in the Michigan Bar Journal. When filing a comment, please refer to our file No. 99-26.