Can you serve a subpoena by mail in michigan
In Michigan, the rules for serving a subpoena by mail are governed by the Michigan Court Rules and the Michigan Statutes. Here's a summary:
Michigan Court Rules:
- Rule 2.105 of the Michigan Court Rules states that a subpoena may be served by mail, but only if the party to be served has consented to service by mail.
- The rule also requires that the subpoena be sent by certified mail, return receipt requested, and that the return receipt be filed with the court.
Michigan Statutes:
- Michigan Compiled Law (MCL) 600.2004 states that a subpoena may be served by mail, but only if the party to be served has consented to service by mail.
- The statute also requires that the subpoena be sent by certified mail, return receipt requested, and that the return receipt be filed with the court.
Practical Considerations:
- When serving a subpoena by mail, it's essential to ensure that the party to be served has consented to service by mail. This can be done by including a statement on the subpoena indicating that the party has consented to service by mail.
- The party serving the subpoena should also keep a record of the mailing, including the date of mailing, the name and address of the party being served, and the method of mailing (e.g., certified mail, return receipt requested).
- If the party being served does not consent to service by mail, the subpoena must be served in person or by another authorized method, such as a process server.
Important Note:
- While serving a subpoena by mail is allowed in Michigan, it's not always the most effective or reliable method. If the party being served does not receive the subpoena or does not respond, the party serving the subpoena may need to take additional steps to ensure that the subpoena is properly served.
In summary, serving a subpoena by mail in Michigan is allowed, but only if the party to be served has consented to service by mail. The subpoena must be sent by certified mail, return receipt requested, and the return receipt must be filed with the court.