Beating the 91-Day Michigan Summons Expiration (MCR 2.102(D)) & MCL 600.5718 Demand for Possession Service

1. Why Michigan's 91-Day Summons Expiration (MCR 2.102(D) & (E)) Is a Malpractice Trap

Michigan enforces one of the shortest summons lifespans in the nation. Under MCR 2.102(D) ("Expiration"), a summons expires 91 days after the date the summons is issued. Under MCR 2.102(E)(1), upon expiration of the 91st day, the action is deemed dismissed without prejudice automatically as to any defendant who has not been served with process, and the court clerk is required to enter the dismissal without notice or hearing.

This rule is especially dangerous when paired with the statute of limitations under MCL 600.5856(a). Filing a complaint tolls the statute of limitations only during the life of the summons. If the 91-day summons expires without valid service and without a court order extending the summons entered before the 91st day closes, the action is dismissed and the statute of limitations may permanently bar refiling. Under MCR 2.102(D), a judge may issue a second summons only on a showing of due diligence by the plaintiff in attempting to serve the original summons—and the extension order must be entered within the initial 91 days.

2. Service Timelines and the MCR 2.102(E) Automatic Dismissal

When you upload a Michigan Circuit or District Court Summons (SCAO Form MC 01) to Process Server MI, the issuance date on Form MC 01 is the countdown that matters:

1. First Attempt: Standard orders ($75) receive their first field attempt within 2–3 business days; Priority Rush ($125) within 24 hours; and Same-Day Emergency ($175) on the same business day across Wayne County, Oakland County, Macomb County, Kent County, Washtenaw County, Ingham County, and all 83 Michigan counties.
2. Proactive Due-Diligence Documentation: Because judges require proof of diligent attempts inside the 91-day window before granting alternate service under MCR 2.105(I) or extending a summons under MCR 2.102(D), every attempt is recorded with the date, time, and what the server observed.
3. Electronic MCR 2.104 Return: The signed Proof of Service is sent electronically after completion so you can e-file via MiFILE before the clerk's Day 92 dismissal sweep.

3. Serving Michigan Eviction Notices (Demand for Possession) Under MCL 600.5718

Before filing a District Court Summary Proceedings complaint under MCL 600.5701 et seq., a Michigan landlord must serve a statutory prerequisite notice—such as a 7-Day Demand for Possession for Nonpayment of Rent (SCAO Form DC 100a) or a 30-Day Notice to Quit (Form DC 100c). Under MCL 600.5718, the demand may be served by:

• Personal Delivery (MCL 600.5718(a)): Delivering it personally to the person entitled to possession; OR
• Household Substitute Delivery (MCL 600.5718(b)): Delivering it on the premises to a member of the tenant's family or household or an employee of suitable age and discretion, with a request that it be delivered to the person entitled to possession; OR
• First-Class Mail or Consented Electronic Service (MCL 600.5718(c)–(d)): Mailing by first-class mail (which adds extra mailing days under MCR 1.108) or electronic delivery if explicitly consented to in writing.

Hiring a private process server to personally deliver the Demand for Possession under MCL 600.5718(a)–(b) starts the 7-day or 30-day statutory cure clock immediately without adding mail days and gives you a signed proof of service from an independent server to answer a tenant claim of non-receipt.

4. Serving the District Court Summary Proceedings Summons & Complaint (MCR 4.201 & MCL 600.5735)

Once the notice period expires and the landlord files the eviction complaint (Form DC 102a/c), the District Court issues a Summary Proceedings Summons (Form DC 104). Under MCL 600.5735(2) and MCR 4.201(D), the summons and complaint (along with required legal aid and MDHHS housing resource attachments under MCR 4.201(C)(3)) must be served at least 3 business days before the hearing via personal delivery, household delivery to a suitable adult member of the household, or—after diligent attempts fail—securely attaching ("tacking") copies to the main entrance of the dwelling unit coupled with mailing.

Practice Warning on Money Judgments: While secure attachment ("tacking") plus mailing under MCR 4.201(D)(2) supports a Judgment of Possession, a Michigan District Court cannot enter a default money judgment for unpaid rent unless the tenant was served personally under MCR 2.105(A) or appeared. Prioritizing personal delivery helps landlords preserve both possession and money damage claims.

5. Frequently Asked Questions: MCR 2.102(D) Summons Expiration & MCL 600.5718 Evictions

Can a judge extend a Michigan summons after the 91st day has already passed?

No. Under MCR 2.102(D), an order extending a summons must be entered within the initial 91 days. Once Day 91 expires without service or an entered extension order, the action is automatically dismissed without prejudice under MCR 2.102(E).

How fast can you serve an eviction Demand for Possession or Summary Summons in Michigan?

Priority Rush (24-hour first attempt, $125) and Same-Day ($175) service can be ordered for cases in 36th District Court (Detroit), Oakland/Macomb/Wayne suburban District Courts, 61st District Court (Grand Rapids), 15th District Court (Ann Arbor), and 54A/54B/55th District Courts (Lansing/East Lansing).