Rule 5.104. Proof of Service; Waiver and Consent; Unopposed Petition

(A) Proof of Service.

(1) Whenever service is required by statute or court rule, a proof of service must be filed promptly and before a hearing to which the document relates. If the document does not involve a hearing, a proof of service must be filed with the document. The proof of service must include a description of the documents served, the date of service, the manner and method of service, and the person or persons served.

(2) Except as otherwise provided by rule, proof of service of a paper required or permitted to be served may be by

(a) including it at the end of the notice of hearing or other documents being filed with the court, or;

(b) a written statement by the individual who served the notice of hearing or other documents, verified under MCR 1.109(D)(3).

(3) Subrule (A)(1) notwithstanding, in decedent estates, no proof of service need be filed in connection with informal proceedings or unsupervised administration unless required by court rule.

(4) In unsupervised administration of a trust, subrule (A)(1) notwithstanding, no proof of service need be filed unless required by court rule.

(B) Waiver and Consent.

(1) Waiver. The right to notice of hearing may be waived. The waiver must

(a) be stated on the record at the hearing, or

(b) be in a writing, which is dated and signed by the interested person or someone authorized to consent on the interested person's behalf and specifies the hearing to which it applies.

(2) Consent. The relief requested in an application, petition, or motion may be granted by consent. An interested person who consents to an application, petition, or motion does not have to be served with or waive notice of hearing on the application, petition, or motion. The consent must

(a) be stated on the record at the hearing, or

(b) be in a writing which is dated and signed by the interested person or someone authorized to consent on the interested person's behalf and must contain a statement that the person signing has received a copy of the application, petition, or motion.

(3) Who May Waive and Consent. A waiver and a consent may be made

(a) by a legally competent interested person;

(b) by a person designated in these rules as eligible to be served on behalf of an interested person who is a legally disabled person; or

(c) on behalf of an interested person whether competent or legally disabled, by an attorney who has previously filed a written appearance. However, a guardian, conservator, or trustee cannot waive or consent with regard to petitions, motions, accounts, or reports made by that person as guardian, conservator, or trustee.

(4) Order. If all interested persons have consented, the order may be entered immediately.

(C) Unopposed Petition. If a petition is unopposed at the time set for the hearing, the court may either grant the petition on the basis of the recitations in the petition or conduct a hearing. However, an order determining heirs based on an uncontested petition to determine heirs may only be entered on the basis of testimony or a completed SCAO-approved testimony identifying heirs form verified under MCR 1.109(D)(3). An order granting a petition to appoint a guardian may only be entered on the basis of testimony at a hearing.