Serving a Michigan City, Township or County: MCR 2.105(G)

Who receives the summons when the defendant is a public body, what happens when the title is different, and the second route through the officer's office

When the defendant is a Michigan county, city, village, township or school district, the summons does not go to the building. It goes to a person the court rules name. The rule is MCR 2.105(G), titled Public Corporations, and it lists an officer for each kind of public body. It also allows a second route through that officer's office, which has two parts.

This page describes what the rule asks of the person serving the papers. The attorney or the court handling the case decides how it applies to a particular lawsuit.

Clock tower, columned cupola and front pediment of a historic stone courthouse, with an American flag on a pole against a blue sky

What MCR 2.105(G) covers

The rule opens with the kinds of defendants it reaches: "Service of process on a public, municipal, quasi-municipal, or governmental corporation, unincorporated board, or public body may be made by serving a summons and a copy of the complaint on" one of the officers it then lists.

The distinction matters on the day of the serve. The defendant named in the summons is the public body, such as a city or a township. The officer is the person who receives the papers on its behalf. Handing a summons to whoever answers the counter at city hall is not the same as serving one of the people the rule names.

Who receives the papers, by type of public body

MCR 2.105(G) lists eight entries. The wording below is quoted from the rule.

  • County, MCR 2.105(G)(1): "the chairperson of the board of commissioners or the county clerk of a county."
  • City, MCR 2.105(G)(2): "the mayor, the city clerk, or the city attorney of a city."
  • Village, MCR 2.105(G)(3): "the president, the clerk, or a trustee of a village."
  • Township, MCR 2.105(G)(4): "the supervisor or the township clerk of a township."
  • School district, MCR 2.105(G)(5): "the president, the secretary, or the treasurer of a school district."
  • State Board of Education, MCR 2.105(G)(6): "the president or the secretary of the Michigan State Board of Education."
  • State institutions, MCR 2.105(G)(7): "the president, the secretary, or other member of the governing body of a corporate body or an unincorporated board having control of a state institution."
  • Any other public body, MCR 2.105(G)(8): "the president, the chairperson, the secretary, the manager, or the clerk of any other public body organized or existing under the constitution or laws of Michigan, when no other method of service is specially provided by statute."

A few details in that list are easy to miss. For a school district, the rule names the president, the secretary or the treasurer, and it does not list a superintendent by title. For a village, any trustee is on the list, not only the president. The last entry carries a condition at the end, "when no other method of service is specially provided by statute." For an authority, a board or a commission, the attorney confirms whether a statute sets its own method before the papers go out.

A different title does not end the search

Local governments in Michigan do not all use the same job titles. The rule anticipates that. Right after the list, MCR 2.105(G) reads: "The service of process may be made on an officer having substantially the same duties as those named or described above, irrespective of title."

What the rule looks at is the duties, not the name on the door. Deciding which officer fits is the attorney's call, made before the serve. A request that names the officer or office the attorney chose lets the server go straight to the right person.

The second route: the office, plus the mail

The rule's last sentence gives another way in. MCR 2.105(G) reads: "In any case, service may be made by serving a summons and a copy of the complaint on a person in charge of the office of an officer on whom service may be made and sending a summons and a copy of the complaint by registered mail addressed to the officer at his or her office."

That route has two halves, and both are part of the service.

  • The delivery. The summons and complaint go to "a person in charge of the office" of one of the listed officers, for example the office of the city clerk or the township clerk.
  • The mailing. A second summons and copy of the complaint go "by registered mail addressed to the officer at his or her office." Under MCR 2.105(L)(1), "registered mail" includes certified mail, but "if certified mail is used, the receipt of mailing must be postmarked by the post office."

The rules also say who handles the mailing. Under MCR 2.104(C), "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." The delivery is the part a process server makes in person. The same two-part shape shows up in the rule for businesses, covered in Serving a Michigan LLC or Corporation.

The phrase in the rule is "a person in charge of the office." The proof of service records who that person was and the role they described. Whether a particular employee fits the phrase is a question for the attorney and, if it is ever contested, for the court.

An agent named to accept service

A public body can also be served through an agent. MCR 2.105(I)(1) reads: "Service of process on a defendant may be made by serving a summons and a copy of the complaint on an agent authorized by written appointment or by law to receive service of process." If the attorney has a written appointment of that kind, sending a copy with the request tells the server exactly who to ask for.

When an official is also named personally

Some complaints name an official as an individual, as well as or instead of the public body. That defendant is a person, not the public body, and the rule for individuals is MCR 2.105(A). Under MCR 2.105(A)(1), service is made by "delivering a summons and a copy of the complaint to the defendant personally," and MCR 2.105(A)(2) allows restricted registered or certified mail that counts only when "the defendant acknowledges receipt of the mail."

Each defendant named in the summons is served under the rule that fits it. A request that lists every named defendant lets each serve be planned from the start.

The State of Michigan and its departments are not on the list

The eight entries in MCR 2.105(G) cover local public bodies, the State Board of Education, state institutions and the catch-all for other public bodies. The list does not name the State of Michigan itself, a state department or agency, or a court.

That gap has drawn attention. On April 25, 2026, the State Bar of Michigan's Representative Assembly considered a proposal to amend MCR 2.105(G) "to explicitly identify who must be served and how service must be made when a plaintiff sues the State of Michigan, its agencies and departments, or its courts." According to the Assembly's summary of proceedings, "the proposed amendment passed via voice vote." The proposal would add the director of a state agency or department, the clerk of the Court of Appeals, the clerk of the Supreme Court, and the Governor for a suit against the state rather than a specific agency.

The State Bar does not amend the court rules. Under MCR 1.201(A), the Michigan Supreme Court gives notice "Before amending the Michigan Court Rules," and as of the September 2, 2026 update of the Michigan Court Rules, MCR 2.105(G) still lists the eight entries above. If the defendant is the State or one of its departments, the attorney decides how it is served, and we deliver the papers to the person the attorney identifies.

Timing: public offices keep public hours

A suit against a public body runs on the same clock as any other civil case. Under MCR 2.102(D), "A summons expires 91 days after the date the summons is issued." The officers on the MCR 2.105(G) list are usually reached at a public office, and those offices keep posted hours. Evenings, weekends and holidays are not available the way they can be for an individual at home.

Sending the summons issue date with the request lets the server plan office-hours attempts well inside that window. More on the deadline is in The 91-Day Summons Window in Michigan. The person making the delivery follows the general rule, MCR 2.103(A): process "may be served by any legally competent adult who is not a party or an officer of a corporate party." That rule is covered in Who Can Legally Serve Court Papers in Michigan.

What the proof should say

For a process server, the return is a written statement under MCR 2.104(A)(3), verified under MCR 1.109(D)(3), which "shall include the manner, time, date, and place of service." The same subrule adds that "The place of service must be described by giving the address where the service was made."

On a public body serve, the facts worth recording also include the name of the person who received the papers and the office or title that person holds, because MCR 2.105(G) turns on that title. When the second route is used, the mailing half is arranged and proved by the party under MCR 2.104(C), quoted above. The full requirements for the return are covered in Proof of Service in Michigan: What MCR 2.104 Requires.

What to send with a request to serve a public body

Most delays on a public body serve come from a missing detail. Sending the following with the request removes most of them.

  • The summons and complaint, with the date the summons was issued.
  • The exact name of the public body as it appears on the summons, such as the city, township, county or school district.
  • The officer or office the attorney chose under MCR 2.105(G), for example "township clerk" or "city attorney."
  • The office address, such as the city hall, township hall, county building or school district office where that officer works.
  • Any written appointment of an agent under MCR 2.105(I)(1).
  • Every other named defendant, including any official named as an individual, so each serve is planned.
  • Whether the second route is planned, and who is arranging the registered mailing under MCR 2.104(C).

What a process server does not do

Our part in a suit against a public body is narrow on purpose. We take a summons and complaint the court has already issued, deliver it to the officer or office the attorney identifies, document every attempt, and return a signed proof of what happened.

We do not decide which officer qualifies under the rule, prepare pleadings, or advise on claims against a public body. Those are questions for an attorney or the court. 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, request a process server or call (248) 268-0097.

Sources

This article describes what the Michigan Court Rules require when a summons and complaint are served on a Michigan public body. It quotes the rule language as published in the Michigan Court Rules updated September 2, 2026, and the State Bar of Michigan Representative Assembly materials for April 25, 2026, as retrieved on October 17, 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.