SERVICE OF PROCESS IN APPEAL S.B. 980 (S-1):
SUMMARY OF BILL
REPORTED FROM COMMITTEE
Senate Bill 980 (Substitute S-1 as reported)
CONTENT
The bill would amend the Revised Judicature Act to establish an alternative means of serving process or papers in an appealed case in which disclosure of a party's address was prohibited or a party to the action was prohibited from contacting another party.
Specifically, if a court order had been entered in an action appealed to the Supreme Court or the Court of Appeals and the court order prohibited the disclosure of a party's address, or prohibited a party from contacting another party, a party to the action would have to serve process or papers that were required to be served directly on the protected party by delivering sufficient extra copies to the clerk of the Supreme Court or the clerk of the Court of Appeals, as appropriate. The serving party would have to request that the clerk, a court officer, or deputy sheriff serve the process or papers on the protected party. The bill would require the clerk, a court officer, or a deputy sheriff to do so as provided by court rule.
The bill would take effect 90 days after it was enacted.
MCL 600.227 & 600.316 Legislative Analyst: Patrick Affholter
FISCAL IMPACT
Under the bill, there could be an increase in cost to the Michigan Supreme Court and Court of Appeals for the service of process or papers on behalf of one party as a means to keep contact information confidential. The potential cost increase would be due to process expenses, increased staff time, and mailing expenditures to complete service on the behalf of other parties. Since this bill is specific to the Michigan Supreme Court and Court of Appeals, there would be no fiscal impact on local government.
Date Completed: 9-17-14 Fiscal Analyst: John Maxwell
This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.