Rule 2.106. Notice by Posting or Publication

(A) Availability. This rule governs service of process by publication or posting pursuant to

an order under MCR 2.105(J).

(B) Procedure. A request for an order permitting service under this rule shall be made by

motion in the manner provided in MCR 2.105(J). In ruling on the motion, the court shall

determine whether mailing is required under subrules (D)(2) or (E)(2).

(C) Notice of Action; Contents.

(1) The order directing that notice be given to a defendant under this rule must include

(a) the name of the court,

(b) the names of the parties,

(c) a statement describing the nature of the proceedings,

(d) directions as to where and when to answer or take other action permitted by law

or court rule, and

(e) a statement as to the effect of failure to answer or take other action.

(2) If the names of some or all defendants are unknown, 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.

(D) Publication of Order; Mailing. If the court orders notice by publication, the defendant

shall be notified of the action by

(1) 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;

and

(2) sending a copy of the order to the defendant at his or her last known address by

registered mail, return receipt requested, before the date of the last publication. 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 moving party is responsible for arranging for the mailing and proof of mailing.

(E) Posting; Mailing. If the court orders notice by posting, the defendant shall be notified of

the action by

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f 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 moving party is responsible for arranging for the mailing and proof of mailing.

(E) Posting; Mailing. If the court orders notice by posting, the defendant shall be notified of

the action by

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(1) 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; and

(2) sending a copy of the order to the defendant at his or her last known address by

registered mail, return receipt requested, before the last week of posting. 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 moving party is responsible for arranging for the mailing and proof of mailing.

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.

(F) Newspaper Defined.

(1) The term “newspaper” as used in this rule means 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, to which all of the following apply:

(a) There is a bona fide list of paying subscribers to the publication or the

publication has been published at least once a week in the same community

without interruption for at least 2 years.

(b) The publication has been published and of general circulation at not less than

weekly intervals without interruption for at least 1 year in the county where

publication is to occur. A newspaper shall not lose eligibility for interruption of

continuous publication due to any of the following:

een published at least once a week in the same community

without interruption for at least 2 years.

(b) The publication has been published and of general circulation at not less than

weekly intervals without interruption for at least 1 year in the county where

publication is to occur. A newspaper shall not lose eligibility for interruption of

continuous publication due to any of the following:

(i)

An act of God.

(ii) Labor disputes.

(iii) The COVID-19 pandemic, for the period beginning March 10, 2020

through the end of the COVID-19 pandemic.

(iv) Military service of the publisher for a period not to exceed 2 years and

provided the publication is resumed within 6 months following the

termination of such military service.

(c) The publication annually averages at least 25% news and editorial content per

issue.

(d) The publication must offer a print and website version. During the full

publication period, any notice must appear in the publication’s print and

website versions and be placed on the website established and maintained by a

state association of newspapers that represents a majority of newspapers in this

state as a central repository for notices.

(2) If no newspaper qualifies in the county where publication is to be made under

subrule (D)(1) the term “newspaper” includes a newspaper that by this rule is

qualified to publish notice of actions commenced in an adjoining county.

(G) Proof of Service. Service of process made pursuant to this rule may be proven as

follows:

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(1) Publication must be proven by an affidavit of the publisher or the publisher's agent

(a) stating facts establishing the qualification of the newspaper in which the order

was published,

(b) setting out a copy of the published order, and

ns commenced in an adjoining county.

(G) Proof of Service. Service of process made pursuant to this rule may be proven as

follows:

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(1) Publication must be proven by an affidavit of the publisher or the publisher's agent

(a) stating facts establishing the qualification of the newspaper in which the order

was published,

(b) setting out a copy of the published order, and

(c) stating the dates on which it was published.

(2) Posting must be proven by a verified statement of the person designated in the order

under subrule (E) attesting that a copy of the order was posted for the required time

in the courthouse in a conspicuous place open to the public and in the other places as

ordered by the court.

(3) Mailing must be proven by a verified statement. The person signing the verified

statement must attach a copy of the order as mailed, and a return receipt.