VERIFICATION OF SERVICE OF PROCESS S.B. 244:
SUMMARY AS ENACTED
Senate Bill 244 (as enacted) PUBLIC ACT 36 of 2022
Senate Committee: Judiciary and Public Safety
House Committee: Judiciary
CONTENT
The bill amended Chapter 19 (Commencement of Action and Service of Process) of the Revised Judicature Act to modify a provision allowing service of process to be made by an affidavit.
Previously, under the Act, proof of service of process had to be made by one of the following methods:
-- Written acknowledgment of the receipt of a summons and a copy of the complaint, dated and signed by the person authorized under the Act to receive them.
-- A certificate, stating the facts of service, if service was made in the State by a sheriff or a deputy sheriff, medical examiner, bailiff, or constable, or a deputy of any of these officers, if the officers held office in a county in which the court issuing the process was held.
-- An affidavit, stating the facts of service, if service was made by any other person, and indicating his or her official capacity, if any.
Instead, under the bill, proof of service of process must be made by one of the following methods:
-- Written acknowledgment of the receipt of a summons and a copy of the complaint, dated and signed by the person authorized under the Act to receive them.
-- A certificate, stating the facts of service, if service is made in the State by a sheriff, a deputy sheriff, a medical examiner, a court officer, or a constable, or a deputy of any of these officers.
-- A written statement of the facts of service that is signed and dated and verified by the following statement: "I declare under the penalty of perjury that this proof of service has been examined by me and that its contents are true to the best of my information, knowledge, and belief", if service were made by an individual other than a sheriff, a deputy sheriff, a medical examiner, a court officer, or a constable, or a deputy of any of those officers.
The bill took effect on March 23, 2022.
MCL 600.1910 Legislative Analyst: Stephen P. Jackson
FISCAL IMPACT
The bill will have no fiscal impact on State or local government.
Fiscal Analyst: Joe Carrasco, Jr.
Michael Siracuse
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.