Michigan Summons on a Third-Party Complaint

State:
Michigan
Control #:
MI-AO-441-WD
Format:
PDF
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Description

Summons on a Third-Party Complaint

Michigan Summons on a Third-Party Complaint is a legal document issued by a court to a third-party defendant in a civil lawsuit. The summons informs the third-party defendant of the lawsuit and orders them to appear in court and answer the complaint. The summons is served to the third-party defendant by a process server or the sheriff's office. There are two types of Michigan Summons on a Third-Party Complaint: a Summons and Complaint and a Third-Party Summons and Complaint. The Summons and Complaint is issued to the third-party defendant by the plaintiff in the case. The Third-Party Summons and Complaint is issued to the third-party defendant by the defendant in the case. Both documents must be served to the third-party defendant, and they have 21 days to respond to the complaint. Failure to do so could result in a default judgment against them.

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FAQ

Individuals See MCR 2.105(A) Process may be served on a resident or nonresident individual by: (1) delivering a summons and a copy of the complaint to the defendant personally, or (2) sending a summons and a copy of the complaint by registered or certified mail, return receipt requested, and delivery restricted to the

party complaint is a claim asserted by a defendant ("Thirdparty Plaintiff") against a nonparty (now a thirdparty defendant) who is or may be liable to the defendant for all or part of the claim it.

You can ask a friend or relative to serve the papers, or you can pay your local sheriff's department, police department, or a process server. Whoever serves the papers must be at least 18 years old and cannot be a party in your case.

The summons and complaint can be served by sending them by certified mail with restricted delivery and return receipt. A ?green card? (PS Form 3811) will be mailed to the plaintiff, to show proof of service. The ?green card? or a copy, must be filed with the Court. Service of Summons.

It is possible to serve a summons and complaint on a resident or nonresident by hand-delivering them to the defendant or mailing them in registered or certified mail with a return receipt sought and limited delivery to the addressee. Received mail provides proof of delivery, and therefore, service has been completed.

In Michigan, Rule 2.306(F) states that if the stenographer certifies the witness was under oath and that the transcript is a ?true record of the testimony? from the deposition, the transcript does not need to be submitted to the witness to examine and sign. Mich. Comp. Laws Ann.

(1) On the expiration of the summons as provided in subrule (D), the action is deemed dismissed without prejudice as to a defendant who has not been served with process as provided in these rules, unless the defendant has submitted to the court's jurisdiction.

Time for Filing and Serving Response Personally served with a complaint in Michigan Must serve and file an answer or take other action, as permitted, within 21 days of being served with notice.

More info

Summons on ThirdParty Complaint. Download Form (pdf, 282.Defendant, Third-party plaintiff v. Third-party defendant. (1) Timing of the Summons and Complaint. File the original of the written answer with the Clerk of Superior Court of the county named above. 2. If your Answer contains a ThirdParty Complaint, you must complete the DC Summons. (Appendix XI-A (1)) form. THIS SUMMONS IS DIRECTED TO. (Third-Party Defendant's name). If a third-party defendant fails to do so, a default will be entered against that defendant for the relief demanded in the third-party complaint or petition.

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Michigan Summons on a Third-Party Complaint