5.3Waiving Notice of Hearing or Service of Process

A.Waiver of Defects by Appearance and Participation in Hearing

If a party appears and participates in a hearing without having been properly served, that party waives any “defects in service with respect to that hearing unless objections regarding the specific facts are placed on the record. If a party appears or participates without an attorney, the court shall advise the party that the appearance and participation waives notice defects and of the party’s right to seek an attorney.” MCR 3.920(H).

B.Waiver of Notice of Hearing or Service of Process in Writing

A party may waive notice of hearing or service of process by submitting a waiver in writing.¹ MCR 3.920(F). When a party waives service of a summons that is required by MCR 3.920(B), the party must be advised of:

(1) the nature of the hearing;

(2) the right to counsel;

(3) the right to trial by judge or jury (unless it is a termination hearing where there is no right to a jury); and

(4) the fact that the hearing could result in termination of parental rights if the summons is for a child protective proceeding. MCR 3.920(B)(3); MCR 3.920(F).

Where only a petition requesting temporary custody of a child has been filed, a respondent-parent’s written waiver of service of process and notice of hearing is not effective to waive the parent’s rights to service of a petition to terminate parental rights. In re Atkins, 237 Mich App 249, 251-252 (1999).