Michigan House Bill HB4138

Michigan 2025-2026 Regular Session

• Introduced: 2/26/25
• Refer: 2/26/25

Caption

Civil procedure: service of process; provisions relating to service of process and court fees; amend to reflect repeal of the extreme risk protection order act. Amends secs. 1908, 2529 & 2559 of 1961 PA 236 (MCL 600.1908 et seq.).

Impact

The implications of HB 4138 are substantial as it reflects a commitment to streamline civil procedures within the Michigan judicial system. By adjusting the qualifications for individuals who can perform service of process, the bill aims to enhance access to legal processes and potentially reduce delays in court proceedings. The amendment to the fee structure also aims to render the court system more accessible, particularly for actions involving custody, support, or parenting time of minors, where specific fee exemptions are noted.

Summary

House Bill 4138 seeks to amend the Revised Judicature Act of 1961 in Michigan, specifically targeting provisions related to the service of process and court fees. The bill introduces several modifications to sections relating to civil action procedures, emphasizing the roles and responsibilities of individuals serving process in civil cases. A key change specified in the bill asserts that any person of suitable age and discretion, who is not a party or an officer of a corporate party, may serve process in civil actions, which is intended to simplify the process and broaden the pool of potential servers for legal documents.

Contention

One notable point of contention arises from the bill's relation to the recently repealed Extreme Risk Protection Order Act. The service of process provisions explicitly state that the amendments do not apply to actions under this previous act, which may raise concerns about inconsistencies in how civil processes are handled across different legal frameworks. Critics may argue that this exception could create confusion, particularly in situations where overlapping legal actions are involved, thereby complicating civil procedures and raising the need for further clarification or legislative adjustment.