Rule 2.106.Notice by Posting or Publication

Current through May 1, 2026 · Last verified July 6, 2026

In one sentenceRule 2.106 spells out how to serve a defendant by publishing or posting notice once a court has authorized it, including what the published order must say, how long and where it must run, and how to define a qualifying newspaper and prove that publication or posting happened.

Full Text of Rule 2.106

Text sizeJump to: (A) (B) (C) (D) (E) (F) (G)

(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).

(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,

(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

(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:

(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.

(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:

(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

(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.

End

Amendment History

Michigan tracks the orders that adopt and amend its Court Rules in a separate administrative record rather than printing a history note beneath each rule in the compiled rules text reproduced here. The text above is verified current through the source’s own May 1, 2026 update; for the full order-by-order history of this rule, see the Michigan Supreme Court’s rules and orders page.

Plain-English Summary

Publication and posting are last-resort service methods, available only after a court has already authorized them under Rule 2.105's discretionary-service provision. Rule 2.106 governs what happens next. The order itself must identify the court and the parties, describe the nature of the case, explain where and when to respond, and warn of the consequences of not responding; if some defendants are unknown, the order must describe their relationship to the case as specifically as possible, such as unknown heirs or unknown claimants.

Publication means running a copy of the order once a week for three consecutive weeks (or longer if the court requires) in a newspaper in the county where the defendant is known to reside, or where the case is pending if the residence is unknown. Posting means displaying the order in the courthouse and at least two other public places for three continuous weeks or longer. Either way, if the defendant's address is known, a copy of the order must also be mailed by registered mail with return receipt requested before the last publication or the last week of posting; if the address cannot be found after diligent inquiry, that mailing step is excused. The rule defines exactly what counts as a qualifying newspaper — a paying subscriber base or long publication history, sustained weekly circulation, a minimum share of news and editorial content, and both print and online availability — and allows an adjoining county's newspaper to be used if none in the proper county qualifies.

Proof of publication or posting has to be documented carefully: an affidavit from the publisher establishing the newspaper's qualifications along with the published text and dates for publication, a verified statement from the person who posted the notice for posting, and a verified statement with the mailed order and return receipt attached for any required mailing.

Frequently Asked Questions

Can I serve a defendant by publication without a court order?

No. Service by publication or posting under Rule 2.106 is only available once a court has authorized it through a motion under Rule 2.105's provision for alternative service.

How long does a notice have to run in the newspaper?

Once a week for three consecutive weeks, or longer if the court orders it, in a newspaper in the county where the defendant is known to reside, or the county where the case is pending if the residence is unknown.

Is mailing a copy of the order still required if I'm publishing notice?

Yes, if the defendant's last known address is known — a copy must be sent by registered mail, return receipt requested, before the last publication or week of posting. That mailing step is excused only if the address cannot be found despite diligent inquiry.

Source & verification. The rule text is reproduced verbatim from the official Michigan Court Rules (MCR 2.106). Prescribed by the Supreme Court of Michigan (Mich. Const. 1963, art. VI, § 5). The plain-English summary is original and written by us. Last verified July 6, 2026. · Official source

Also known as: service by publication Michiganservice by postingnotice by publication requirementsqualifying newspaper Michigan service