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What are the Service of Process requirements for an Amended Complaint?

Livonia, MI |

I filed a small claims case which was removed to the general civil division of the district court. I filed an Amended Complaint with the court. However, do I have my friend, who would complete service, send the Amended Complaint by first-class mail or by certified mail, restricted delivery?

The litigation is occuring in Michigan.

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Attorney answers 2


If counsel for the defendant has filed an appearance, then you need only serve the complaint by mail or email on the defendant's attorney. If no appearance has been filed yet, you can approach the defendant's attorney to request that they accept service on behalf of the defendant. If the defendant has not filed an appearance and if defendant's counsel is not agreeable to accepting service, then you will have to serve either personally, or by substitute service (i.e. by mail) following the substitute service procedures of your jurisdiction.

Disclaimer: This answer does not establish an attorney-client relationship and does not constitute legal advice. It is for general information purposes only.


First calss mail should be sufficent if they have filed an Answer and appeared.

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Disclaimer: This answer does not constitute legal advice. I am admitted in the States of New York, New Jersey and Massachusetts only and make no attempt to opine on matters of law that are not relevant to those three States. This advice is based on general principles of law that may or may not relate to your specific situation. Facts and laws change and these possible changes will affect the advice provided here. Consult an attorney in your locale before you act on any of this advice. You should not rely on this advice alone and nothing in these communications creates an attorney client relationship. The opinions expressed herein are those of the author only and the fact that he has worked as an Assistant District Attorney; State Supreme Court Clerk; Special Assistant United States Attorney (Hawaii); Assistant Cornell University Counsel or Judge Advocate, United States Marine Corps should not be relied upon to assume that these statements reflect the policy of these organizations.

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