(A) Issuance. On the filing of a complaint, the court clerk shall issue a summons to be served as provided in MCR 2.103 and 2.105. A separate summons may issue against a particular defendant or group of defendants. A duplicate summons may be issued from time to time and is as valid as the original summons.
Rule 2.102.Summons; Expiration of Summons; Dismissal of Action for Failure to Serve
Current through May 1, 2026 · Last verified July 6, 2026
In one sentenceRule 2.102 governs the summons that must accompany every complaint, spelling out its required contents, how long it stays valid (91 days, extendable), and the automatic, without-prejudice dismissal that follows if a defendant is never served before it expires.
Full Text of Rule 2.102
(B) Form. A summons must be issued “In the name of the people of the State of Michigan,” under the seal of the court that issued it. It must be directed to the defendant, and include
(1) the name and address of the court,
(2) the names of the parties,
(3) the case number,
(4) the name and address of the plaintiff’s attorney or the address of a plaintiff appearing without an attorney,
(5) the defendant’s address, if known,
(6) the name of the court clerk,
(7) the date on which the summons was issued,
(8) the last date on which the summons is valid,
(9) a statement that the summons is invalid unless served on or before the last date on which it is valid,
(10) the time within which the defendant is required to answer or take other action, and
(11) a notice that if the defendant fails to answer or take other action within the time allowed, judgment may be entered against the defendant for the relief demanded in the complaint.
(C) Amendment. At any time on terms that are just, a court may allow process or proof of service of process to be amended, unless it clearly appears that to do so would materially prejudice the substantive rights of the party against whom the process issued. An amendment relates back to the date of the original issuance or service of process unless the court determines that relation back would unfairly prejudice the party against whom the process issued.
(D) Expiration. A summons expires 91 days after the date the summons is issued. However, within those 91 days, on a showing of due diligence by the plaintiff in attempting to serve the original summons, the judge to whom the action is assigned may order a second summons to issue for a definite period not exceeding 1 year from the date the summons is issued. If such an extension is granted, the new summons expires at the end of the extended period. The judge may impose just conditions on the issuance of the second summons. Duplicate summonses issued under subrule (A) do not extend the life of the original summons. The running of the 91-day period is tolled while a motion challenging the sufficiency of the summons or of the service of the summons is pending.
(E) Dismissal as to Defendant Not Served.
(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. As to a defendant added as a party after the filing of the first complaint in the action, the time provided in this rule runs from the filing of the first pleading that names that defendant as a party.
(2) After the time stated in subrule (E)(1), the clerk shall examine the court records and enter an order dismissing the action as to a defendant who has not been served with process or submitted to the court’s jurisdiction. The clerk’s failure to enter a dismissal order does not continue an action deemed dismissed.
(3) The clerk shall give notice of the entry of a dismissal order under MCR 2.107 and record the date of the notice in the case file. The failure to give notice does not affect the dismissal.
(F) Setting Aside Dismissal. A court may set aside the dismissal of the action as to a defendant under subrule (E) only on stipulation of the parties or when all of the following conditions are met:
(1) within the time provided in subrule (D), service of process was in fact made on the dismissed defendant, or the defendant submitted to the court's jurisdiction;
(2) proof of service of process was filed or the failure to file is excused for good cause shown;
(3) the motion to set aside the dismissal was filed within 28 days after notice of the order of dismissal was given, or, if notice of dismissal was not given, the motion was promptly filed after the plaintiff learned of the dismissal.
(G) Exception; Summary Proceedings to Recover Possession of Realty. Subrules (D), (E), and (F) do not apply to summary proceedings governed by MCL 600.5701-600.5759 and by subchapter 4.200 of these rules.
Amendment History
Michigan tracks the orders that adopt and amend its Court Rules in a separate administrative record rather than printing a history note beneath each rule in the compiled rules text reproduced here. The text above is verified current through the source’s own May 1, 2026 update; for the full order-by-order history of this rule, see the Michigan Supreme Court’s rules and orders page.
Plain-English Summary
Once a complaint is filed, the court clerk issues a summons — the official notice, under the seal of the court and in the name of the people of Michigan, that tells a defendant a lawsuit has begun. Rule 2.102 dictates what the summons must contain: the court and case number, the parties' names, the plaintiff's attorney or address, the defendant's known address, the clerk's name, the issue date, the last day the summons is valid, the deadline to answer, and a warning that a default judgment can follow if the defendant does nothing.
A summons is only good for 91 days from the date it issues. If the plaintiff has been diligent in trying to serve it but has not succeeded, a judge can extend that window up to one year from the original issue date, though the clock pauses while a motion challenging the summons or its service is pending. Once the 91 days (or an extended period) run out without service on a particular defendant, the case against that defendant is automatically dismissed without prejudice — the clerk is required to check the file and enter that dismissal, even though a missed clerical step does not keep the case against that defendant alive.
That automatic dismissal is not always the end of the story. A court can set it aside if the parties agree, or if the plaintiff shows that service did happen in time (or the defendant otherwise submitted to the court), the proof of service was filed or excused, and the motion to set the dismissal aside was filed promptly, generally within 28 days of notice. Courts also have discretion to allow amendments to a summons or its proof of service so long as doing so will not unfairly prejudice the other side.
Frequently Asked Questions
How long is a Michigan summons valid?
91 days from the date it is issued. A judge may extend that period up to one year from issuance on a showing that the plaintiff has been diligent in trying to serve the original summons.
What happens if a defendant is never served before the summons expires?
The case against that defendant is deemed dismissed without prejudice once the summons period runs out, and the clerk must enter an order reflecting that dismissal.
Can a dismissal for failure to serve be undone?
Yes, if the parties stipulate to it, or if the plaintiff shows service occurred in time, proof of service was filed or excused for good cause, and the motion to set the dismissal aside was filed within 28 days of notice of the dismissal.
Source & verification. The rule text is reproduced verbatim from the
official Michigan Court Rules (MCR 2.102). Prescribed by the Supreme Court of Michigan (Mich. Const. 1963, art. VI, § 5). The plain-English summary is original and written by us. Last verified July 6, 2026. ·
Official source
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