December 14, 1999



99-26



Proposed Amendment of Rule
2.107 of the Michigan
Court Rules (Service and
Filing of Pleadings and
Other Papers)
________________________________


          On order of the Court, this is to advise that the Court
is considering an amendment of Rule 2.107 of the Michigan Court
Rules.  Before determining whether the proposal should be adopted,
changed before adoption, or rejected, this notice is given to
afford any interested person the opportunity to comment on the form
or the merits of the proposal.  We welcome the views of all who
wish to address the proposal or who wish to suggest alternatives. 
Before adoption or rejection, this proposal will be considered at
a public hearing by the Court.  The Clerk of the Court will publish
a schedule of future public hearings.

          As whenever this Court publishes an administrative
proposal for comment, we emphasize that publication of this
proposal does not mean that the Court will issue an order on the
subject, nor does it imply probable adoption of the proposal in its
present form.

[The present language would be amended as indicated below.]

ICLE Editor's Note:

Rule 2.107     Service and Filing of Pleadings and Other Papers

(A) - (B)      [Unchanged.]

(C)  Manner of Service.  Service of a copy of a paper on an
     attorney must be made by delivery or by mailing to the
     attorney at his or her last known business address or, if the
     attorney does not have a business address, then to his or her
     last known residence address.  Service on a party must be made
     by delivery or by mailing to the party at the address stated
     in the party's pleadings.

(1)  Delivery to Attorney.  Delivery of a copy to an attorney
     within this rule means

(a)  handing it to the attorney personally;

(b)  leaving it at the attorney's office with the person
     in charge or, if no one is in charge or present, by
     leaving it in a conspicuous place; [or]


(c)  if the office is closed or the attorney has no
     office, by leaving it at the attorney's usual
     residence with some person of suitable age and
     discretion residing there[.]; or

          (d)    transmitting it by facsimile to the attorney's
               office.  Facsimile transmission occurs when the
               sender confirms that the entire document has been
               transmitted to the facsimile machine of the
               attorney to be served.  A proof of service by
               facsimile shall state the manner of confirmation. 
               Facsimile transmission after 3:00 p.m. Eastern time
               shall be deemed to be served on the next day that
               is not a Saturday, Sunday, or legal holiday.

(2)  Delivery to Party.  Delivery of a copy to a party within
     this rule means

(a)  handing it to the party personally; [or]

(b)  leaving it at the party's usual residence with some
     person of suitable age and discretion residing
     there[.]; or

          (c)    transmitting it by facsimile to the party's
               facsimile number.  Facsimile transmission occurs
               when the sender confirms that the entire document
               has been transmitted to the facsimile machine of
               the party to be served.  A proof of service by
               facsimile shall state the manner of confirmation. 
               Facsimile transmission after 5:00 p.m. Eastern time
               shall be deemed to be served on the next day that
               is not a Saturday, Sunday, or legal holiday.

(3)  [Unchanged.]

(4)    Facsimile Service.  When utilizing facsimile service
     as set forth in (C)(1)(d) or (C)(2)(c), a copy of the
     transmission shall also be sent by United States mail on
     the same day as the facsimile transmission.

(D) - (G)      [Unchanged.]

          Staff Comment:  The proposed changes in subrule
(C), which would permit the facsimile service of pleadings and
other papers, have been suggested by the Representative Assembly of
the State Bar of Michigan.  


The staff comment is published only for the benefit of the bench
and bar and is not an authoritative construction by the Court.  

          _____________________________________________

Publication of this proposal does not mean
that the Court will issue an order on the
subject, nor does it imply probable adoption
in its present form.  Timely comments will be
substantively considered, and your assistance
is appreciated by the Court.                 
          _______________________________________________


          A copy of this order will be given to the secretary of
the State Bar and to the State Court Administrator so that they can
make the notifications specified in MCR 1.201.  Comments on this
proposal may be sent to the Supreme Court clerk within 60 days
after it is published in the Michigan Bar Journal.  When filing a
comment, please refer to our file No. 99-26.