Part 5.100 · General Rules of Pleading and Practice

Rule 5.108. Time of Service

Amended April 11, 2024 (current) Contains Deadlines

(A) Personal. 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.

(B) Mail.

(1) Petition or Motion. Service by mail of a petition or motion must be made at least 14 days before the date set for hearing, or an adjourned date.

(2) Application by a Guardian or Conservator Appointed in Another State.

(a) A court may appoint a temporary guardian or conservator without a hearing pursuant to MCL 700.5202a, MCL 700.5301a, or MCL 700.5433.

(b) If a court appoints a temporary guardian or conservator pursuant to MCL 700.5202a, MCL 700.5301a or MCL 700.5433, the temporary guardian or conservator must, not later than 14 days after the appointment, serve notice of the appointment by mail to all interested persons.

(C) Electronic Service. Electronic service made under MCR 1.109(G)(6)(a) must be made at least 7 days before the date set for hearing or an adjourned date.

(D) Exception: Foreign Consul. This rule does not affect the manner and time for service on foreign consul provided by law.

(E) Computation of Time. MCR 1.108 governs computation of time in probate proceedings.

(F) Responses. A written response or objection may be served at any time before the hearing or at a time set by the court.