Michigan Summons in a Civil Action (Third Party)

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

Summons in a Civil Action (Third Party)

Michigan Summons in a Civil Action (Third Party) is a legal document filed with the court by a plaintiff in a civil lawsuit, which serves to notify a third party of an ongoing legal matter and the potential for them to be named as a defendant in the case. There are two types of summons in a civil action: original summons and third-party summons. An original summons is sent to the defendant(s) in the case, while a third-party summons is sent to any other person or entity that may be involved in the case, such as a financial institution. Both types of summons include the title of the case, the court where the case is being heard, and the date and time of the first hearing. The third-party summons serves to inform the recipient of their potential involvement in the case, and gives them the opportunity to appear in court on the scheduled date.

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FAQ

Fill out form MC 03 (Answer, Civil) on the website or get a paper copy from the court to fill out. Write in the court number, case number, the court address, the court telephone number, and the names, addresses, and telephone numbers of the plaintiff and the defendant exactly as they are on your court papers.

Michigan's new scope allows discovery into any ?matters that are relevant to any party's claims or defenses.? This is slightly narrower than its previous scope that allowed discovery of matters ?relevant to the subject matter involved in the pending actions.?

(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.

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.

The notice must state (a) the time and place for taking the deposition, and (b) the name and address of each person to be examined, if known, or, if the name is not known, a general description sufficient to identify the person or the particular class or group to which the person belongs.

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.

Rule 2.309 - Interrogatories to Parties (A) Availability; Procedure for Service; Limits. (1) A party may serve on another party written interrogatories to be answered by the party served or, if the party served is a public or private corporation, partnership, association, or governmental agency, by an officer or agent.

To avoid delaying trial and inconveniencing the witnesses, all motions for disqualification must be filed within 14 days of the discovery of the grounds for disqualification. If the discovery is made within 14 days of the trial date, the motion must be made forthwith.

More info

A lawsuit has been filed against defendant. (1) Timing of the Summons and Complaint.You also will almost always need a summons. File the original of the written answer with the Clerk of Superior Court of the county named above. 2. You must respond to this lawsuit in writing within 20 days. Completed forms are to be submitted to the Special Civil Part of the Superior Court in the county where you are filing your case. The person who does this for you must fill out a Proof of Service By First Class Mail-Civil (POS-030) form. When you file a lawsuit, you will usually file a petition or a complaint. You also will almost always need a summons. Commencement of the action a defendant as a third-party plaintiff may cause to be served a summons, complaint, and notice regarding Electronic Service.

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Michigan Summons in a Civil Action (Third Party)