HOUSE BILL No. 4666

 

 

May 30, 2017, Introduced by Reps. Runestad, Hornberger, Hoitenga, Bellino, Lucido, Barrett, VanderWall, Howell and Noble and referred to the Committee on Judiciary.

 

     A bill to amend 1961 PA 236, entitled

 

"Revised judicature act of 1961,"

 

by amending section 1910 (MCL 600.1910), as amended by 1994 PA 403.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1910. (1) Proof of service shall of process by personal

 

service may be made by 1 of the following methods:

 

     (a) Written acknowledgment of the receipt of a summons and a

 

copy of the complaint, dated and signed by the person to whom the

 

summons is directed or by a person authorized under this act law to

 

receive them.service of the summons and complaint for the person to

 

whom the summons is directed.

 

     (b) A certificate, stating the facts of service, if service is

 

made within the state of Michigan by:

 

     (i) A sheriff.

 

     (ii) A deputy sheriff, medical examiner, bailiff, constable,

 

or a deputy of these officers if the officers held office in a

 

county in which the court issuing the process is held.

 

     (c) An affidavit, stating the facts of service, if service is

 

made by any other person, and indicating his or her official

 

capacity, if any.including the manner, time, date, and place of

 

service, if both of the following apply:

 

     (i) The place of service is described by giving the address

 

where the service was made or, if the service was not made at a

 

particular address, by another description of the location.

 

     (ii) One of the following statements is selected as applicable

 

by, and appears immediately above the signature and the date of the

 

signature of, the individual who made the service:

 

     (A) "I am a law enforcement officer serving under an oath of

 

office and declare that I have examined this proof of service and

 

its contents are true to the best of my knowledge, information, and

 

belief.".

 

     (B) "The preceding paragraph does not apply, and I declare

 

under the penalty of perjury that I have examined this proof of

 

service and its contents are true to the best of my knowledge,

 

information, and belief.".

 

     (2) Failure to make proof of service does not affect the

 

validity of the service.

 

     (3) An individual who intentionally makes a false declaration

 

under subsection (1)(b)(ii)(B) is guilty of a felony punishable by

 

imprisonment for not more than 4 years or a fine of not more than

$2,000.00, or both.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.