Rule 5.104 Proof of Service; Waiver and Consent; Unopposed Petition

(A) Proof of Service.

(1) Whenever service is required by statute or court rule, a proof of service must be filed promptly and at the latest before a hearing to which the paper relates or at the time the paper is required to be filed with the court if the paper does not relate to a hearing. The proof of service must include a description of the papers served, the date of service, the manner and method of service, and the person or persons served.

(2) Except as otherwise provided by rule, proof of service of a paper required or permitted to be served may be by

(a) a copy of the notice of hearing, if any;

(b) copies of other papers served with the notice of hearing, with a description of the papers in the proof of service;

(c) authentication under MCR 5.114(B) of the person making service.

(3) Subrule (A)(1) notwithstanding, in decedent estates, no proof of service need be filed in connection with informal proceedings or unsupervised administration unless required by court rule.

(4) In unsupervised administration of a trust, subrule (A)(1) notwithstanding, no proof of service need be filed unless required by court rule.

(B) Waiver and Consent.

(1) Waiver. The right to notice of hearing may be waived. The waiver must

(a) be stated on the record at the hearing, or

(b) be in a writing, which is dated and signed by the interested person or someone authorized to consent on the interested person's behalf and specifies the hearing to which it applies.

(2) Consent. The relief requested in an application, petition, or motion may be granted by consent. An interested person who consents to an application, petition, or motion does not have to be served with or waive notice of hearing on the application, petition, or motion. The consent must

(a) be stated on the record at the hearing, or

(b) be in a writing which is dated and signed by the interested person or someone authorized to consent on the interested person's behalf and must contain a declaration that the person signing has received a copy of the application, petition, or motion.

(3) Who May Waive and Consent. A waiver and a consent may be made

(a) by a legally competent interested person;

(b) by a person designated in these rules as eligible to be served on behalf of an interested person who is a legally disabled person; or

(c) on behalf of an interested person whether competent or legally disabled, by an attorney who has previously filed a written appearance.

However, a guardian, conservator, or trustee cannot waive or consent with regard to petitions, motions, accounts, or reports made by that person as guardian, conservator, or trustee.

(4) Order. If all interested persons have consented, the order may be entered immediately.

(C) Unopposed Petition. If a petition is unopposed at the time set for the hearing, the court may either grant the petition on the basis of the recitations in the petition or conduct a hearing. However, an order determining heirs based on an uncontested petition to determine heirs may only be entered on the basis of sworn testimony or a sworn testimony form. An order granting a petition to appoint a guardian may only be entered on the basis of testimony at a hearing.