Date Of Service Of Summons In Michigan
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Within seven days after the granting of the judgment or order, or later if the court al- lows, a party may serve a copy of the pro- posed judgment or order on the other party with a notice that it will be submit- ted to the court for signing if no written objections are filed with the court within seven days after ...
Personal service of a petition or motion must be made at least 7 days before the date set for hearing, or an adjourned date, unless a different period is provided or permitted by court rule. This subrule applies regardless of conflicting statutory provisions.
⌦ Return Date: The date that the Defendant must file his/her answer by and/or appear in Court, which is listed on the Summons. ⌦ May: In legal terms, “may” is defined as “optional” or “can.” ⌦ Shall: In legal terms, “shall” is defined as “required.” If you do not understand this information, please contact an attorney.
The term Return date means the day named in a writ or other form of legal process as the date when the response to that paper must be made. Return date, in case of divorce cases is the date on which the stipulated waiting period for a divorce begins. It is also the date by which the defendant should file an appearance.
(The “return date” of a summons is the date to respond or face default.) Different courts have different forms and different time limits. And note that by having the summons issued, a party suddenly can invoke the full power of the civil courts to obtain relief.
The summons must be served upon a defendant by delivering a copy to the defendant personally, by leaving it at the defendant's dwelling house or usual place of abode with some person of suitable age and discretion residing at that place, or by mailing it to the defendant's last known address.
After service to the defendants, the original summons, along with the "return of service" proving the summons and complaint were served, is filed with the court to show that each defendant was served. A summons differs from a subpena, which is an order to a witness to appear.
This is the date on which you must appear in court and answer the complaint. A default judgment may be entered against you, if you do not show in court on the date. The return date is typically set within 30 days of the date of service. You will receive notice of the return date when you are served with the lawsuit.
A summons expires 91 days after the date the summons is issued.