Rule 2.102.Summons; Expiration of Summons; Dismissal of Action for Failure to Serve

Once a complaint is filed, the court clerk issues a summons — the official notice, under the seal of the court and in the name of the people of Michigan, that tells a defendant a lawsuit has begun. Rule 2.102 dictates what the summons must contain: the court and case number, the parties' names, the plaintiff's attorney or address, the defendant's known address, the clerk's name, the issue date, the last day the summons is valid, the deadline to answer, and a warning that a default judgment can follow if the defendant does nothing.

A summons is only good for 91 days from the date it issues. If the plaintiff has been diligent in trying to serve it but has not succeeded, a judge can extend that window up to one year from the original issue date, though the clock pauses while a motion challenging the summons or its service is pending. Once the 91 days (or an extended period) run out without service on a particular defendant, the case against that defendant is automatically dismissed without prejudice — the clerk is required to check the file and enter that dismissal, even though a missed clerical step does not keep the case against that defendant alive. This expiration-and-dismissal scheme has one carve-out: it does not apply to summary proceedings to recover possession of real property (eviction cases).

That automatic dismissal is not always the end of the story. A court can set it aside if the parties agree, or if the plaintiff shows that service did happen in time (or the defendant otherwise submitted to the court), the proof of service was filed or excused, and the motion to set the dismissal aside was filed promptly, generally within 28 days of notice. Courts also have discretion to allow amendments to a summons or its proof of service so long as doing so will not unfairly prejudice the other side.