An Ex Parte Motion for Substituted Service in Oakland, Michigan is a legal action taken when traditional methods of serving legal documents to an individual are not possible or have been unsuccessful. This motion allows the requesting party to request an alternative method of service to ensure the proper delivery of legal documents to the intended recipient. In situations where the recipient's whereabouts are unknown, or they are actively avoiding service, an Ex Parte Motion for Substituted Service becomes necessary. This motion is typically filed by the party seeking to serve the documents, often in a civil case, and must be supported by sufficient evidence to justify the need for alternative service. Keywords: Oakland, Michigan, Ex Parte Motion, Substituted Service, legal documents, alternative method, recipient, civil case, sufficient evidence. Types of Oakland Michigan Ex Parte Motion for Substituted Service: 1. Ex Parte Motion for Substituted Service — Personal Residence: This type of motion is filed when the party seeking to serve the documents requests permission to serve the recipient at their personal residence. It may be based on evidence suggesting the individual can be located at that address or that they regularly receive important communications there. 2. Ex Parte Motion for Substituted Service — Work Address: In cases where the recipient is believed to be regularly present at their workplace, the plaintiff may file this motion to request permission for serving legal documents at their work address. This type of service is often sought when the recipient is evading personal service, making service at their place of employment more likely. 3. Ex Parte Motion for Substituted Service — Mail Service or Certified Mail: This type of motion requests authorization to serve the recipient via mail, either through regular mail or by sending the documents through certified mail. Service by mail can be an effective alternative method in cases where personal or work addresses cannot be determined or if the recipient cannot be located. 4. Ex Parte Motion for Substituted Service — Publication: In situations where all other methods of service have been exhausted and the recipient's whereabouts remain unknown, the plaintiff may file this motion to request permission to serve the legal documents by publication. This means publishing a notice in a designated newspaper or publication approved by the court, notifying the individual of the pending legal action. It is important to note that the specific requirements and procedures for filing an Ex Parte Motion for Substituted Service may vary in Oakland, Michigan, as well as any additional types of motions that may be available in certain circumstances. It is advisable to consult with a qualified attorney familiar with Oakland's local rules and regulations to ensure the appropriate motion is filed according to the specific circumstances of each case.
Oakland Michigan Ex Parte Motion for Substituted Service
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How to fill out Oakland Michigan Ex Parte Motion For Substituted Service?
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You file a motion by completing the form and filing it with the same court that signed the default entry or default judgment. There is a $20 motion fee for filing a motion to set aside default.
If you want to file a motion, the process is generally something like this: You write your motion. You file your motion with the court clerk. The court clerk inserts the date and time your motion will be heard by the judge. You ?serve? (mail) your motion to the other side.
File the original and 1 copy of your Motion, and the Certification, with the clerk's office in person or by mail. o To e-file, create an account with an e-filing service provider. Visit efile.illinoiscourts.gov/service-providers.htm to select a service provider.
Filing the Documents Take the original and two (2) copies of the Motion to the Civil Division of the Clerk of Superior Court's office in the county where your case is filed. The Clerk will stamp each Motion ?filed,? place the original in the Court file and return two (2) copies of the ?filed? document to you.
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.
File the Notice of Hearing and Motion at the Oakland County Clerks Office (ground floor of the courthouse) and pay the appropriate fee. 3. You must serve a copy of this Notice of Hearing and Motion on the other party by mailing it to them at least 9 days before the motion is scheduled to be heard.
Process may be served on a resident or nonresident individual by, delivering a summons and a copy of the complaint to the defendant personally; or. sending a summons and a copy of the complaint by registered or certified mail, return receipt requested, and delivery restricted to the addressee.
Create a legal heading for your motion.Capitalize your title head.Declare the facts.Write the memorandum using the law and legal precedent to plead your case.Conclude the motion with a brief summary of your request.
You file a motion by completing the form and filing it with the same court that signed the default entry or default judgment. There is a $20 motion fee for filing a motion to set aside default.