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Form MC 01b, Motion for Second Summons and Order, page 1
Basic · 32/100Form Complexity Index

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What this form asks for

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Form MC 01b, Motion for Second Summons and Order, is a legal document filed in Michigan courts to request an extension for serving a defendant and the issuance of a new summons. It is used when the plaintiff has been unable to serve the defendant within the time limit of the original summons due to evasion of service, a change of address, or other specified reasons. Today, this form can be filled out quickly and accurately using AI-powered services like Instafill.ai, which can also convert non-fillable PDF versions into interactive fillable forms.
Fillable fields23
Pages2
Form Complexity IndexBasic, 32/100

The AI checks your answers before you download

13 checks built for this form, so a wrong date or a missing answer is caught before anyone else sees it.

Case Number Consistency

This check ensures the 'Case No.' field on page 1 is identical to the 'Case No.' field on page 2. This is critical for ensuring the order is correctly associated with the motion and the overall case file. A mismatch could lead to severe filing errors, where a judge's order is not applied or is applied to the wrong case.

Motion Timeliness

Validates that the 'motion date' is on or before the 'original summons expiration date'. The form explicitly notes that a second summons must be ordered before the initial one expires. If the motion is filed after the expiration, it is invalid and should be rejected, as the proper procedure would be different.

Original Summons Date Logic

Ensures the 'original summons expiration date' is on or after the 'original summons date'. It is logically impossible for a summons to expire before it is issued. This check prevents data entry errors that would make the motion's core premise invalid and cause processing exceptions.

Conditional Order Expiration Date

If the 'order granted' checkbox is selected, this validation confirms that the 'order expiration date' field is populated with a valid, future date. A granted motion for a second summons is meaningless without a new expiration date for service. Failure to provide this date would render the order incomplete and unenforceable.

Exclusive Order Decision

Verifies that only one of the primary order outcomes, 'order granted' or 'order denied', is selected. A motion cannot be simultaneously granted and denied. This check maintains the logical integrity of the judge's decision and prevents ambiguity in the court record.

Reason for Motion Completeness

This check ensures that a reason for requesting a second summons has been provided. It verifies that either one of the predefined checkboxes is selected or the 'other' or 'reasons' text fields are not empty. A motion lacking a justification is incomplete and cannot be properly evaluated by the court.

And 7 more checks
  • Case Number Format
  • Plaintiff Information Completeness
  • Attorney Bar Number Presence
  • Motion Signature Requirement
  • Judge's Signature on Finalized Order
  • Standard Date Formatting
  • Telephone Number Format

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How to Fill Out MC 01b Online for Free in 2026

What the AI walks you through.

  1. Navigate to Instafill.ai and upload or select Michigan Form MC 01b.
  2. Use the AI assistant to accurately fill in the case information, including the court, case number, and judge's name.
  3. Enter the complete details for the plaintiff, their attorney (if applicable), and the defendant.
  4. Provide the date the original summons was issued and its expiration date in the designated fields.
  5. Clearly explain the diligent attempts made to serve the defendant and the reasons why a second summons is necessary.
  6. Date and digitally sign the motion to certify your request.
  7. Review all the information for accuracy before downloading the completed form for filing with the court.

Common Mistakes in Completing MC 01b

The ones the AI is built to catch.

Filing After the Original Summons Has Expired
This mistake occurs when the filer submits the motion after the expiration date listed for the original summons. The form explicitly notes that a second summons must be ordered before the initial one expires, and the 'Order' section includes a specific checkbox for denial on these grounds. This error results in an automatic denial of the motion, wasting time and filing fees, and potentially jeopardizing the entire case if the statute of limitations runs out. To avoid this, meticulously track the summons expiration date and file this motion well in advance.
Forgetting the Case Number on the Second Page
Filers often complete the first page thoroughly but forget to carry over the case number to the top of the second page. This happens due to oversight when dealing with multi-page documents. A missing case number on subsequent pages can lead to the pages being separated, misfiled by the court clerk, or the order being incorrectly associated with another case, causing significant administrative delays. Always double-check that the case number is present and correct on all pages of the submission.
Incorrectly Filling Out the 'Order' Section
Plaintiffs, especially those without legal representation (pro se), sometimes mistakenly fill out Section 4, the 'Order' section. This section is exclusively for the judge to grant or deny the motion. Filling it out yourself can confuse court staff, lead to the form's rejection, and require you to resubmit a clean copy, delaying the legal process. Remember to only complete the 'Motion' portion of the form (Sections 1-3) and leave the 'Order' section completely blank.
Providing Vague Reasons for Failure to Serve
In Section 2, simply checking a box for 'moved' or 'evading service' without providing specific details can be insufficient. The court needs to see that 'diligent attempts' were made, and a vague justification may lead the judge to deny the motion. It is crucial to provide a clear, concise explanation of the service attempts in the space provided or in an attached document. This demonstrates due diligence and strengthens the argument for needing a second summons.
Entering Incorrect Original Summons Dates
Mistyping the issue date or, more critically, the expiration date of the original summons in Section 1 is a frequent error. This can happen from misreading the original document or a simple data entry slip. An incorrect date can lead the judge to believe the motion is untimely (filed too late) or unnecessary (filed too early), resulting in a denial. To prevent this, carefully reference the original summons document and verify the dates before submission. AI-powered tools like Instafill.ai can help by validating date formats and ensuring consistency across related documents.
Missing or Incomplete Court Information
Filers may leave the 'Judicial District,' 'Judicial Circuit,' or 'County Probate' fields blank or enter incorrect information. This often stems from uncertainty about the specific court handling the case. Filing a motion with incorrect court identifiers can cause it to be rejected outright or routed to the wrong courthouse, leading to major delays. Always confirm the exact court details from previous case documents before filling out the form.
Forgetting to Sign and Date the Motion
An unsigned or undated motion is legally invalid and will be rejected by the court clerk upon filing. This oversight commonly occurs when filers are in a hurry or are focused on the substantive details of the form. A rejected motion halts all progress until a properly signed version is resubmitted, delaying the issuance of a new summons. Always perform a final review to ensure the signature and date fields are completed before filing.
Using Outdated or Incomplete Defendant Information
The motion may be denied if the defendant's address listed on the form is the same one where service previously failed, with no new information provided. The purpose of the second summons is to provide another opportunity for successful service, which often requires a new address or service strategy. Failing to update this information suggests a lack of diligence and may lead the judge to believe a second attempt would be futile. Always include the most current and complete contact information known for the defendant.
Confusing Plaintiff and Defendant Information
A surprisingly common data entry error is transposing the information for the plaintiff and the defendant. A person filing without an attorney might accidentally put their own name and address in the 'Defendant's name, address, and telephone no.' field. This creates significant confusion for the court and will require an amended filing, causing delays. Using a tool like Instafill.ai can help prevent this by saving contact profiles and correctly populating them into the right fields. If the form is a non-fillable PDF, Instafill.ai can also convert it into an interactive, fillable version to make data entry easier and more accurate.

Frequently Asked Questions About MC 01b

 

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How does the AI fill out MC 01b?
You answer a few questions in plain words, or upload a document you already have. The AI reads what you give it and puts each answer into the right field of MC 01b, on every page, in seconds. It checks the answers against the form's own rules, and you review and change anything before you download, print or sign.
What happens to my information?
It is encrypted in transit and at rest, and it is never used to train AI.
How complex is MC 01b to fill out?
MC 01b has a Form Complexity Index of 32 out of 100, in the basic tier: 23 fillable fields across 2 pages. Instafill.ai's AI fills it in under a minute, with every field there for you to review before you download.
What is the purpose of the 'Motion for Second Summons and Order' form?
This form is used to request that the court issue a new (second) summons when you have been unable to serve the original summons on the defendant. It includes both your request (the motion) and the space for the judge's decision (the order).
Who should fill out this form?
The plaintiff or the plaintiff's attorney should fill out this form if they have tried but failed to serve the defendant with the initial summons before its expiration date.
Is there a deadline for filing this motion?
Yes, it is critical to file this motion *before* the original summons expires. The form notes that the judge can deny the request if the original summons has already expired.
What information is required to complete the 'MOTION' section?
You will need the case information, the date the original summons was issued, and its expiration date. You must also briefly explain the 'diligent attempts' made to serve the defendant and why a second summons is needed.
What does it mean to make 'diligent attempts' to serve the defendant?
This means you have made reasonable and persistent efforts to locate and serve the defendant, such as a process server trying multiple times at various addresses or times of day. You must describe these efforts on the form.
Who fills out the 'ORDER' section of the form?
The 'ORDER' section is completed by the judge. After reviewing your motion, the judge will either grant or deny your request and sign the form.
What happens if the judge grants my motion?
If the motion is granted, the court will issue a second summons with a new expiration date. You must then attempt to serve this new summons on the defendant before it expires.
What happens if the judge denies my motion?
If your motion is denied, a second summons will not be issued. This often occurs if the original summons had already expired, and you may need to consult an attorney about how to proceed with your case.
Where do I file the completed form?
You must file the completed motion with the clerk of the court where your case is being heard. After it is signed by the judge, you must distribute copies as indicated on the form, typically to yourself and the defendant.
Do I need to know the defendant's current address to file this?
You should list the defendant's last known address. The reason for the motion is often because the defendant has moved or is evading service, so it is understood that the address may no longer be current.
Can AI tools help me fill out the Motion for Second Summons form?
Yes, services like Instafill.ai use AI to help you accurately auto-fill form fields with your case information. This can save you time and help prevent common errors.
How can I use Instafill.ai to fill this form out online?
To use Instafill.ai, you upload the MC 01b form to the platform. The AI will identify all the fillable fields, allowing you to enter your information once and have it populate the form correctly.
What can I do if the PDF of this form I found online is not fillable?
If you have a non-fillable or 'flat' PDF, you can use a tool like Instafill.ai. It can convert the static document into an interactive, fillable form that you can easily complete and save on your computer.
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