Rule 3.203.Service of Notice and Court Documents in Domestic Relations Cases

MCR 3.203 handles the plumbing of a domestic relations case: how papers reach people, and where. Its center of gravity is the phrase last known mailing address, which the rule defines twice, because the answer changes once a judgment enters.

Manner of service

Unless a court rule or statute requires otherwise, the summons and complaint must be served under MCR 2.105. In cases where the court retains jurisdiction, subrule (A)(1) sends notice by whatever method the statute requiring the notice specifies, and subrule (A)(2) puts everything else under MCR 2.107. In both, service by mail goes to a party's last known mailing address.

Subrule (A)(3) opens an electronic path. A party or an attorney may file an agreement with the friend of the court authorizing that office to serve notices and court papers under MCR 2.107(C)(4).

Where the mail goes

Subrule (B) applies after a judgment or order requires the parties to keep the friend of the court informed of address changes. From then on, the last known mailing address is the most recent of three things: the address the party gave the friend of the court office in writing, the address in the most recent judgment or order, or an address the friend of the court office established administratively.

Subrule (C) covers the earlier window, after the summons and complaint have been filed and served on a party but before such a judgment or order. There the address is the most recent one set forth in the pleadings or provided in writing to the friend of the court office.

Administrative address changes

Subrule (D) lets the friend of the court office change an address on its own, under the policy the state court administrator establishes, in two situations: the address changed in another friend of the court office under these rules, or notices came back undeliverable or a federal automated database determined that mail is not deliverable to the listed address.

Nonparties and confidential addresses

Subrule (E) sends notice to a nonparty by the method the statute requires, or by regular mail absent statutory direction. Again absent statutory direction, court documents that start an action against a nonparty to enforce a notice go out like a summons and complaint under MCR 2.105. Subrule (F) is short and firm: when a court order makes a party's address confidential, that party must supply an alternative address for service.

Who else gets copies

• Subrule (G) requires the parties to give the friend of the court a copy of every pleading and document filed when a child of the parties or a child born during the marriage is under 18, a party is pregnant, or child or spousal support is requested. Copies are marked friend of the court and handed to the clerk at filing. Where electronic filing is implemented, the court and the friend of the court work out the delivery method, and the parties cannot be made to supply paper copies of electronically filed pleadings.
• Subrule (H) requires the plaintiff in a divorce or separate maintenance action to serve the summons and complaint on the prosecuting attorney when required by law, but only where a child of the parties or a child born during the marriage is under 18 or a party is pregnant. A support request alone does not trigger it.
• Subrule (I) requires copies of party notices to go to the attorneys of record, and keeps that duty alive until 21 days after judgment is entered or until postjudgment matters are concluded, whichever is later.
• Subrule (J) requires the plaintiff to serve the friend of the court informational pamphlet required by MCL 552.505(1)(c) with the complaint, on the same triggers as subrule (G): a child under 18, a pregnant party, or a request for child or spousal support. The proof of service must state that the pamphlet was served.