By Marie E. Matyjaszek
Timing is everything in the court system. The deadlines and dates are endless and if you miss one, it can change the entire trajectory of your case. For this article, I am focusing on the service deadlines for filing regular motions in circuit court.
Governed by MCR 2.119, a party must serve his or her motion on the other party no later than nine days before the hearing via first class mail or seven days via personal service. As many courts now accept, and in some cases, mandate, electronic filing, there is a court rule on electronic filing and service, MCR 1.109(G)(6)(a)(iii). It states: “Delivery of documents through the electronic-filing system in conformity with these rules is valid and effective personal service and is proof of service under Michigan Court Rules,” thereby allowing a party to utilize the seven-day service requirement.
The closer you serve your pleadings to the hearing date increases your odds of the opposing party or attorney asking for an adjournment so they can prepare a response or engage in negotiation talks. Remember that a favor granted by you in terms of pushing out a hearing date is more likely to be returned in the future when you’re the one short on time.
Individuals representing themselves often neglect to file proof of service for the documents that they served on the opposing party. While the legal process is difficult to navigate pro per, several standardized court forms contain a certificate of mailing or proof of service section to complete where the party can write the date and sign, indicating when he or she served the documents on the opposing party.
However, this section is often ignored and left blank. On forms that don’t contain this handy dandy option, parties need to be aware that they must file a separate proof of service, listing the documents served, how and when they were served, and the name and address of the person served. Without this, the court will likely adjourn the hearing so the party can effectuate proper service.
On occasion, a party has actually served the other side but was unaware that the court file needed yet another piece of paper to verify this fact. If the “unserved” party attends the hearing and waives the defects in service, the court can hold the hearing. Otherwise, the matter will be adjourned. Side note: please don’t serve your ex at parenting time exchanges. JUST DON’T.
Be sure to dot your i’s and cross your t’s when it comes to filing your proof of service so your motion can be heard timely.
(The author is a Judicial Attorney at the Washtenaw County Trial Court; however, the views expressed in this column are her own. She can be reached by emailing her at matyjasz@hotmail.com.)
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