Papers DeliveredProof of Service and Notarized Affidavits of Service in Michigan
Every completed serve from Papers Delivered comes back as a notarized affidavit of service. A private process server proves service with a written statement verified under MCR 1.109(D)(3), one of the three forms MCR 2.104(A) allows, and it must state the manner, time, date and place of service.
On request, we also file our own proof of service with the court that issued the papers.
What our affidavit records
- How the papers were delivered
- The date and time of service
- The address, or a description of the place when there is no street address
- Who was served and how the server identified that person
- Earlier attempts, each with its own date, time and observations
From the serve to a filed proof
The serve is completed
Service is the delivery itself. Under MCR 2.104(B), a late or missing proof does not undo a valid serve, but it leaves the file unable to show it.
The affidavit is written from the record
Our server prepares the statement from notes made at each attempt, not from memory weeks later.
Signed, notarized and returned
The affidavit is signed, notarized and sent to you, ready to file.
Filed on request
If you ask, we file our own proof of service with the court that issued the process.
Proof of service questions
Is the proof of service the same thing as service?
No. Service is the delivery, and the proof is the written record of it. MCR 2.104(B) keeps them separate, so a valid serve stays valid even when the proof is filed late.
Can photos or video be added to the proof?
Yes, on request. Audio-video recording, GPS coordinates and a time-stamped photo can be added to the record of an attempt. The notarized affidavit comes with every completed serve.
Which rule covers proof for papers served after the complaint?
MCR 2.107(D). MCR 2.104 covers the summons and complaint, while later papers use 2.107(D), which accepts a written acknowledgment or a verified statement by the person who served them.