Dear [Recipient's Name], I hope this letter finds you in good health. I am writing to request an extension of time for the service of process in the case of [Case Name and Number]. As per the rules of civil procedure, I kindly ask for an additional [number of days] to properly serve the defendant(s) in this matter. The need for this extension arises due to [provide a detailed explanation for the delay in completing the service of process]. Despite our diligent efforts, unforeseen circumstances have hindered our ability to locate and serve the defendant(s) within the initially prescribed time frame. We believe that granting an extension will enable us to effectively perform the service of process and ensure that all parties are duly informed of the legal proceedings. Michigan's law provides provisions for extending the time for service of process in various circumstances. Some specific types of Michigan sample letters for motion to extend time for service of process include: 1. Motion to Extend Time for Service of Process due to Difficulty in Locating Defendant(s): In cases where the defendant(s) cannot be readily located, this type of motion seeks additional time to exhaust all reasonable efforts to effectuate service. It highlights the steps taken to locate the defendant(s) and presents a compelling argument as to why more time is necessary. 2. Motion to Extend Time for Service of Process due to Lack of Cooperation: When the defendant(s) deliberately evades service or actively hinders the process, this motion seeks an extension of time to overcome the resistance faced. The letter outlines the attempts made to serve the defendant(s) while emphasizing the need for extra time to ensure proper service. 3. Motion to Extend Time for Service of Process in Extraordinary Circumstances: In rare situations where unforeseen events, such as natural disasters or emergencies, have prevented timely service of process, this motion requests additional time to complete the service. It provides a detailed account of the exceptional circumstances and explains how these events hindered the process. In submitting this motion, we assure you of our commitment to promptly serve the necessary parties once the extension is granted. We will continue to diligently pursue the completion of service while abiding by the rules and regulations governing such procedures in Michigan. Your favorable consideration of this request would greatly assist in ensuring a fair and just legal process. If you require any additional documents or information, please do not hesitate to contact me at [Your Contact Information]. Thank you for your attention to this matter. Yours sincerely, [Your Name] [Your Law Firm/Organization] [Address] [City, State, ZIP] [Phone Number] [Email Address]
Michigan Sample Letter for Motion to Extend Time for Service of Process
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How to fill out Sample Letter For Motion To Extend Time For Service Of Process?
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FAQ
What it means to file a motion: A motion, in its simplest form is a list of requests that you are asking the Court grant on your behalf. You, or your attorney on your behalf, will file a Notice of Motion which includes a list of requests for the court to rule upon.
File the Motion with the court. File all four copies of your motion with the court in person or by first-class mail. If you mail your motion to the court, include a postage-paid and self-addressed envelope with your motion so that the court can return copies.
Think of the motion as the request by itself. The reasoning for the request (the argument) is a separate document. That is the Brief or, in lieu of the brief, Points and Authorities. Some motions may be governed by specific standards set forth by court rule or statute.
(1) Unless another rule provides a different procedure for reconsideration of a decision (see, e.g., MCR 2.604[A], 2.612), a motion for rehearing or reconsideration of the decision on a motion must be served and filed not later than 21 days after entry of an order deciding the motion.
MOTION FOR REHEARING The moving party must demonstrate a palpable error by which the Court and the parties have been misled and show that a different disposition will result by correcting the error. MCR 7.311(F), referencing MCR 2.119(F)(3).
(A) Responses to all motions, except those listed in subparagraph 2(A) below, must be filed within 14 days after service of the motion. (B) If filed, a reply brief supporting such motion must be filed within 7 days after service of the response, but at least 3 days before the motion hearing.
(6) Motion for Immediate Consideration. A party may file a motion for immediate consideration to expedite decision on another motion. The motion must state facts showing why immediate consideration is required.
A motion must be made in writing, (unless made during a hearing or at trial), and must set forth with particularity the grounds on which it is brought, and the relief or order sought. FRCP 7(b)(1).
