Part 4.300 · Small Claims Actions

Rule 4.303. Notice

Amended September 1, 2024 (current) Contains Deadlines

(A) Contents. The notice to the defendant must meet the requirements of MCL 600.8404. The court clerk shall notify the plaintiff to appear at the time and place specified with the books, papers, and witnesses necessary to prove the claim, and that if the plaintiff fails to appear, the claim will be dismissed.

(B) Certified Mail. If the defendant is a corporation or a partnership, the certified mail described in MCL 600.8405 need not be deliverable to the addressee only, but may be deliverable to and signed for by an agent of the addressee.

(C) Notice Not Served. If it appears that notice was not received by the defendant at least 7 days before the appearance date and the defendant does not appear, the clerk must, at the plaintiff's request, issue further notice without additional cost to the plaintiff, setting the hearing for a future date. The further notice may be served as provided in MCR 2.105.

(D) Dismissal for Lack of Progress.

(1) On motion of a party or on its own initiative, the court may order that a case in which no progress has been made within 91 days after the last action be dismissed for lack of progress.

(2) The court must serve notice of the proposed dismissal on the parties at least 14 days before the court orders the case dismissed.

(3) A dismissal under this subrule is without prejudice unless the court orders otherwise.