Service by Publication or Posting in Michigan: MCR 2.106

The last-resort way to give notice when a defendant cannot be found, the court order it takes, and the diligent-inquiry record it stands on

When a defendant cannot be served in person or by the substituted methods in MCR 2.105, a Michigan court can order notice by publication or posting. That is a court-ordered last resort, not a method a party or a server chooses on their own. The rule that governs it is MCR 2.106, titled Notice by Posting or Publication, and it works only through an order under MCR 2.105(J).

This page describes what the rules ask for when that route is used. The attorney and the court decide whether it fits a particular case and how it applies.

Publication and posting start with a court order

MCR 2.106 does not stand alone. Subrule (A) ties it to a court order: "This rule governs service of process by publication or posting pursuant to an order under MCR 2.105(J)." The order comes first, and MCR 2.106(B) says the request "shall be made by motion in the manner provided in MCR 2.105(J)."

MCR 2.105(J) is the court's discretion to allow another method. Under MCR 2.105(J)(1), "On a showing that service of process cannot reasonably be made as provided by this rule, the court may by order permit service of process to be made in any other manner reasonably calculated to give the defendant actual notice of the proceedings and an opportunity to be heard." Two words in that sentence matter later: "actual notice." Publication and posting are allowed because the ordinary methods have failed, not because they are preferred.

The motion, and the diligent inquiry behind it

The showing the court needs is set out in MCR 2.105(J)(2). The request "must be made in a verified motion dated not more than 14 days before it is filed." The motion "must set forth sufficient facts to show that process cannot be served under this rule and must state the defendant's address or last known address, or that no address of the defendant is known."

When the person cannot be located at all, the rule asks for more. The same subrule continues: "If the name or present address of the defendant is unknown, the moving party must set forth facts showing diligent inquiry to ascertain it." The rule also notes that "A hearing on the motion is not required unless the court so directs."

Those "facts showing diligent inquiry" are usually built from the record of what was already tried. Dated, documented attempts at the known addresses, with the times, the outcomes and what was learned at each, are the raw material an attorney draws on to show the court that ordinary service cannot reasonably be made. More on that record is in What to Do When the Defendant Avoids Service of Process and Substituted Service Under MCR 2.105.

Nothing happens before the order is entered

Publication and posting cannot run ahead of the court. MCR 2.105(J)(3) is explicit: "Service of process may not be made under this subrule before entry of the court's order permitting it." The order is the starting line, and MCR 2.106(B) adds that "the court shall determine whether mailing is required under subrules (D)(2) or (E)(2)."

What the order itself must say

MCR 2.106(C)(1) lists what the order directing notice "must include." The five items are:

  • "the name of the court,"
  • "the names of the parties,"
  • "a statement describing the nature of the proceedings,"
  • "directions as to where and when to answer or take other action permitted by law or court rule," and
  • "a statement as to the effect of failure to answer or take other action."

If some or all of the defendants are not known by name, MCR 2.106(C)(2) says the order "must describe the relationship of the unknown defendants to the matter to be litigated in the best way possible, as, for example, unknown claimants, unknown owners, or unknown heirs, devisees, or assignees of a named person."

If the court orders publication

Publication has a schedule and, in most cases, a mailing. Under MCR 2.106(D)(1), the defendant is notified by "publishing a copy of the order once each week for 3 consecutive weeks, or for such further time as the court may require, in a newspaper in the county where the defendant resides, if known, and if not, in the county where the action is pending."

MCR 2.106(D)(2) adds the mailing. A copy of the order goes to the defendant "by registered mail, return receipt requested, before the date of the last publication." The rule carries its own exception: "If the plaintiff does not know the present or last known address of the defendant, and cannot ascertain it after diligent inquiry, mailing a copy of the order is not required." The same subrule assigns the task: "The moving party is responsible for arranging for the mailing and proof of mailing."

If the court orders posting

Posting is the parallel route. Under MCR 2.106(E)(1), the defendant is notified by "posting a copy of the order in the courthouse and 2 or more other public places as the court may direct for 3 continuous weeks or for such further time as the court may require." MCR 2.106(E)(2) carries the same mailing step and the same diligent-inquiry exception as publication.

Posting also names who may carry it out, and this is where a private process server's role is narrow. The rule reads: "The order must designate who is to post the notice and file proof of posting. Only a person listed in MCR 2.103(B)(1), (2), or (3) may be designated." Those entries in MCR 2.103(B) are "a sheriff or deputy sheriff, or a bailiff or court officer appointed by the court for that purpose," an "officer of the Department of State Police" where the state is a party, and "a police officer of an incorporated city or village" where the city or village is a party.

That list is narrower than the general rule for serving papers. The general rule, MCR 2.103(A), is that process "may be served by any legally competent adult who is not a party or an officer of a corporate party," which is covered in Who Can Legally Serve Court Papers in Michigan. Posting the order under MCR 2.106 is the exception: it must be done by one of the officers named above, not by a private process server. Where the attempt record is ours, the posting itself belongs to the designated officer.

What counts as a newspaper

Publication is not an ad in any paper. MCR 2.106(F)(1) defines "newspaper" as "a print publication published in the English language for the dissemination of local news of a general character or for the dissemination of legal news," and then sets conditions, including a bona fide list of paying subscribers or a two-year publication history, general circulation for at least a year in the county, and an annual average of "at least 25% news and editorial content per issue." The rule also requires that the publication "offer a print and website version" and that the notice appear on the central repository website maintained by a state association of newspapers. Which paper qualifies is a question for the attorney and the court, not the server.

How each part is proven

MCR 2.106(G) sets out the proof for each method, and MCR 2.104(C) points to it: "Proof of publication, posting, and mailing under MCR 2.106 is governed by MCR 2.106(G)." That same subrule restates who handles a required mailing: "If the manner of service used requires sending a copy of the summons and complaint by mail, the party requesting issuance of the summons is responsible for arranging the mailing and filing proof of service."

  • Publication is proven, under MCR 2.106(G)(1), by "an affidavit of the publisher or the publisher's agent" that states facts establishing the paper's qualification, sets out a copy of the published order, and states the dates it was published.
  • Posting is proven, under MCR 2.106(G)(2), by "a verified statement of the person designated in the order under subrule (E)" attesting that the order was posted for the required time in the courthouse and the other ordered places.
  • Mailing is proven, under MCR 2.106(G)(3), by "a verified statement." The rule adds that "The person signing the verified statement must attach a copy of the order as mailed, and a return receipt."

These are different from the return a process server files after an ordinary serve. The facts a server's return must state are set by MCR 2.104, covered in Proof of Service in Michigan: What MCR 2.104 Requires.

The clock still runs

Moving to publication or posting does not pause the summons on its own. Under MCR 2.102(D), "A summons expires 91 days after the date the summons is issued," though the same subrule lets a judge order a second summons on a showing of due diligence, and tolls the period while a motion challenging the summons or its service is pending. Because publication runs for 3 weeks and posting for 3 continuous weeks, plus the motion time before either can start, the calendar fills quickly. More on the deadline is in The 91-Day Summons Window in Michigan.

Where a process server fits

Our part in a case that ends in publication or posting comes early and is specific. We take the summons and complaint the court has issued, attempt service at the addresses provided, and document every attempt. That record, with its dates, times and outcomes, is what an attorney uses to show the diligent inquiry MCR 2.105(J)(2) asks for.

We do not file the motion, draft the order, choose the newspaper, post the notice, or arrange the publication. Those are the work of the attorney, the court and the designated officer. We are not a law firm and we are not the court, and we cannot look up a case, a hearing date or a judge.

If your summons and complaint are ready to serve, and you need a documented record of attempts to support a later motion, request a process server or call (248) 268-0097.

Sources

This article describes what the Michigan Court Rules require for notice by publication or posting. It quotes the rule language as published in the Michigan Court Rules updated September 2, 2026, as retrieved for this site on October 18, 2026. It is general information about process serving, not legal advice. Service requirements differ between states and can differ by venue, so confirm the requirements for your venue with the court handling the matter or with your attorney.