Publication of Notice of Hearing

Michigan Court Rules

Rule: 5.106

Jurisdiction: MI

Bluebook Citation: Mich. Ct. R. 5.106

(A) Requirements. A notice of hearing or other notice required to be made by publication must be published in a newspaper as defined by MCR 2.106(F) one time at least 14 days before the date of the hearing, except that publication of a notice seeking a determination of a presumption of death based on absence pursuant to MCL 700.1208(2) must be made once a month for 4 consecutive months before the hearing. (B) Contents of Published Notice. If notice is given to a person by publication because the person's address or whereabouts is not known and cannot be ascertained after diligent inquiry, the published notice must include the name of the person to whom the notice is given and a statement that the result of the hearing may be to bar or affect the person's interest in the matter. (C) Affidavit of Publication. The person who orders the publication must cause to be filed with the court a copy of the publication notice and the publisher's affidavit stating (1) the facts that establish the qualifications of the newspaper, and (2) the date or dates the notice was published. (D) Service of Notice. A copy of the notice: (1) must be mailed to an interested person at his or her last known address if the person's present address is not known and cannot be ascertained by diligent inquiry; (2) need not be mailed to an interested person if an address cannot be ascertained by diligent inquiry. Chapter 5. Probate Court Page 507 Chapter Updated April 11, 2024 (E) Location of Publication. Publication must be in the county where the court is located unless a different county is specified by statute, court rule, or order of the court.

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