Section 701. Direction and execution of mandates


Latest version.
  • (a)  In  an  action  or  proceeding  brought  in  the court, all civil
      processes and mandates, except as otherwise provided in this act, may be
      served or executed only within the county. They shall be executed by the
      court's  enforcement  officer  within  such  area  as  is   within   his
      territorial  jurisdiction  as  elsewhere provided by law. Where this act
      empowers the court's process or mandate to be served or executed without
      the county, or where it is to be served or executed  within  the  county
      but  at  such place therein as is beyond the territorial jurisdiction of
      the court's enforcement officer, the process or mandate may be served or
      executed by such officer as  could  serve  or  execute  the  process  or
      mandate of the supreme court of the county in a like instance.
        (b)  The  provisions  of  law  applicable  in  supreme court practice,
      relating to the execution of mandates by a sheriff  and  the  power  and
      control of the court over the sheriff executing the same, shall apply to
      this court's enforcement officers.
        (c)  In  any  instance  where  a  return by the enforcement officer is
      required by law to be made to the  court  or  the  clerk  thereof,  such
      provision  shall  be deemed to refer to this court, or the clerk of this
      court, as the case may be; except that where this court has  issued  its
      transcript  the sheriff shall return executions to the county clerk with
      whom such transcript is filed.
        (d) Nothing herein contained shall be construed to prevent the service
      of a summons, petition, notice of petition, subpoena or other  paper  by
      any  person  who  might serve the same in a like instance in the supreme
      court.