(3) “Extended family member” shall be as defined by the law or custom of the 

Indian child’s tribe or, in the absence of such law or custom, shall be a person who 

has reached the age of 18 years and who is the Indian child’s grandparent, aunt or 

uncle, brother or sister, brother-in-law or sister-in-law, niece or nephew, first or 

second cousin, or stepparent.

(4) “Indian” means any person who is a member of an Indian tribe, or who is an 

Alaska Native and a member of a Regional Corporation as defined in 43 USC 1606.

(5) “Indian child” means any unmarried person who is under age 18 and is either

(a) a member of an Indian tribe, or 

(b) is eligible for membership in an Indian tribe and is the biological child of a 

member of an Indian tribe. 

(6) “Indian child’s tribe” means

(a) the Indian tribe of which an Indian child is a member or eligible for 

membership, or 

(b) in the case of an Indian child who is a member of or eligible for membership 

in more than one tribe, the Indian tribe with which the Indian child has the 

more significant contacts.

(7) “Indian custodian” means any Indian person who has legal custody of an Indian 

child under tribal law or custom or under state law, or to whom temporary physical 

care, custody, and control has been transferred by the parent of such child.

(8) “Indian organization” means any group, association, partnership, corporation, 

or other legal entity owned or controlled by Indians, or a majority of whose 

members are Indians.

(9) “Indian tribe” means any Indian tribe, band, nation, or other organized group or 

community of Indians recognized as eligible for the services provided to Indians by 

the Secretary because of their status as Indians, including any Alaska Native village 

as defined in section 43 USC 1602(c).

(10) “Parent” means any biological parent or parents of an Indian child or any 

Indian person who has lawfully adopted an Indian child, including adoptions under 

tribal law or custom. It does not include an unwed father whose paternity has not 

been acknowledged or established.

(11) “Reservation” means Indian country as defined in section 18 USC 1151 and 

any lands not covered under such section, for which title is either held by the 

United States in trust for the benefit of any Indian tribe or individual or held by any 

Indian tribe or individual subject to a restriction by the United States against 

alienation.

(12) “Secretary” means the Secretary of the Interior.

(13) “Tribal court” means a court with jurisdiction over child custody proceedings 

and that is either a Court of Indian Offenses, a court established and operated 

under the code or custom of an Indian tribe, or any other administrative body of a 

tribe that is vested with authority over child custody proceedings.

Subchapter 3.100 Debtor-Creditor

Rule 3.101 Garnishment After Judgment

(A) Definitions. In this rule,

(1) "plaintiff" refers to any judgment creditor, 

(2) "defendant" refers to any judgment debtor,

(3) "garnishee" refers to the garnishee defendant,

(4) "periodic payments" includes but is not limited to, wages, salary, 

commissions, bonuses, and other income paid to the defendant during the 

period of the writ; land contract payments; rent; and other periodic debt or 

contract payments. Interest payments and other payments listed in MCL 

600.4012(4)(a)-(d) are not periodic payments. 

(B) Postjudgment Garnishments.

(1) Periodic garnishments are garnishments of periodic payments, as provided 

in this rule.

(a) Unless otherwise ordered by the court, a writ of periodic garnishment 

served on a garnishee who is obligated to make periodic payments to the 

defendant is effective until the first to occur of the following events:

(i) the amount withheld pursuant to the writ equals the amount of the 

unpaid judgment, interest, and costs stated in the verified statement in 

support of the writ;

(ii) the expiration of 91 days after the date the writ was issued;

(iii) the plaintiff files and serves on the defendant and the garnishee a 

notice that the amount withheld exceeds the remaining unpaid 

judgment, interest, and costs, or that the judgment has otherwise been 

satisfied.

(b) The plaintiff may not obtain the issuance of a second writ of 

garnishment on a garnishee who is obligated to make periodic payments to 

the defendant while a prior writ served on that garnishee remains in effect 

relating to the same judgment. The plaintiff may seek a second writ after 

the first writ expires under subrule (B)(1)(a).

(c) If a writ of periodic garnishment is served on a garnishee who is 

obligated to make periodic payments to the defendant while another order 

that has priority under MCL 600.4012(2) is in effect, or if a writ or order 

with higher priority is served on the garnishee while another writ is in 

effect, the garnishee is not obligated to withhold payments pursuant to the 

lower priority writ until the expiration of the higher priority one. However, in 

the case of garnishment of earnings, the garnishee shall withhold pursuant 

to the lower priority writ to the extent that the amount being withheld 

pursuant to the higher priority order is less than the maximum that could 

be withheld by law pursuant to the lower priority writ (see, e.g., 15 USC 

1673). Upon the expiration of the higher priority writ, the lower priority one 

becomes effective until it would otherwise have expired under subrule 

(B)(1)(a). The garnishee shall notify the plaintiff of receipt of any higher 

priority writ or order and provide the information required by subrule 

(H)(2)(c).

(2) Nonperiodic garnishments are garnishments of property or obligations other 

than periodic payments.

(C) Forms. The state court administrator shall publish approved forms for use in 

garnishment proceedings. Separate forms shall be used for periodic and nonperiodic 

garnishments. The verified statement, writ, and disclosure filed in garnishment 

proceedings must be substantially in the form approved by the state court 

administrator.

(D) Request for and Issuance of Writ. The clerk of the court that entered the 

judgment shall review the request.  The clerk shall issue a writ of garnishment if 

the writ appears to be correct, complies with these rules and the Michigan statutes, 

and if the plaintiff, or someone on the plaintiff's behalf, makes and files a statement 

verified in the manner provided in MCR 2.114(A) stating:

(1) that a judgment has been entered against the defendant and remains 

unsatisfied;

(2) the amount of the judgment; the total amount of the postjudgment interest 

accrued to date; the total amount of the postjudgment costs accrued to date; 

the total amount of the postjudgment payments made to date, and the amount 

of the unsatisfied judgment now due (including interest and costs);

(3) that the person signing the verified statement knows or has good reason to 

believe that

(a) a named person has control of property belonging to the defendant, 

(b) a named person is indebted to the defendant, or

(c) a named person is obligated to make periodic payments to the 

defendant.

(E) Writ of Garnishment.

(1) The writ of garnishment must have attached or must include a copy of the 

verified statement requesting issuance of the writ, and must include information 

that will permit the garnishee to identify the defendant, such as the defendant's 

address, social security number, employee identification number, federal tax 

identification number, employer number, or account number, if known.

(2) Upon issuance of the writ, it shall be served upon the garnishee as provided 

in subrule (F)(1). The writ shall include the date on which it was issued and the 

last day by which it must be served to be valid, which is 91 days after it was 

issued.

(3) The writ shall direct the garnishee to:

(a) serve a copy of the writ on the defendant as provided in subrule (F)(2);

(b) within 14 days after the service of the writ, file with the court clerk a 

verified disclosure indicating the garnishee's liability (as specified in subrule 

[G][1]) to the defendant and mail or deliver a copy to the plaintiff and the 

defendant;

(c) deliver no tangible or intangible property to the defendant, unless 

allowed by statute or court rule;

(d) pay no obligation to the defendant, unless allowed by statute or court 

rule; and

(e) in the discretion of the court and in accordance with subrule (J), order 

the garnishee either to

(i) make all payments directly to the plaintiff or

(ii) send the funds to the court in the manner specified in the writ.

(4) The writ shall direct the defendant to refrain from disposing of

(a) any negotiable instrument representing a debt of the garnishee (except 

the earnings of the defendant), or

(b) any negotiable instrument of title representing property in which the 

defendant claims an interest held in the possession or control of the 

garnishee.

(5) The writ shall inform the defendant that unless the defendant files 

objections within 14 days after the service of the writ on the defendant,

(a) without further notice the property or debt held pursuant to the 

garnishment may be applied to the satisfaction of the plaintiff's judgment, 

and

(b) periodic payments due to the defendant may be withheld for as long as 

91 days after the issuance of the writ and in the discretion of the court paid 

directly to the plaintiff.

(6) The writ shall direct the plaintiff to serve the garnishee as provided in 

subrule (F)(1), and to file a proof of service.

(F) Service of Writ.

(1) The plaintiff shall serve the writ of garnishment, a copy of the writ for the 

defendant, the disclosure form, and any applicable fees, on the garnishee within 

91 days after the date the writ was issued in the manner provided for the 

service of a summons and complaint in MCR 2.105.

(2) The garnishee shall within 7 days after being served with the writ deliver a 

copy of the writ to the defendant or mail a copy to the defendant at the 

defendant's last known address by first class mail.

(G) Liability of Garnishee.

(1) Subject to the provisions of the garnishment statute and any setoff 

permitted by law or these rules, the garnishee is liable for

(a) all tangible or intangible property belonging to the defendant in the 

garnishee's possession or control when the writ is served on the garnishee, 

unless the property is represented by a negotiable document of title held by 

a bona fide purchaser for value other than the defendant;

(b) all negotiable documents of title and all goods represented by negotiable 

documents of title belonging to the defendant if the documents of title are 

in the garnishee's possession when the writ is served on the garnishee;

(c) all corporate share certificates belonging to the defendant in the 

garnishee's possession or control when the writ is served on the garnishee;

(d) all debts, whether or not due, owing by the garnishee to the defendant 

when the writ is served on the garnishee, except for debts evidenced by 

negotiable instruments or representing the earnings of the defendant;

(e) all debts owing by the garnishee evidenced by negotiable instruments 

held or owned by the defendant when the writ of garnishment is served on 

the defendant, as long as the instruments are brought before the court 

before their negotiation to a bona fide purchaser for value;

(f) the portion of the defendant's earnings that are not protected from 

garnishment by law (see, e.g., 15 USC 1673) as provided in subrule (B);

(g) all judgments in favor of the defendant against the garnishee in force 

when the writ is served on the garnishee;

(h) all tangible or intangible property of the defendant that, when the writ is 

served on the garnishee, the garnishee holds by conveyance, transfer, or 

title that is void as to creditors of the defendant, whether or not the 

defendant could maintain an action against the garnishee to recover the 

property; and

(i) the value of all tangible or intangible property of the defendant that, 

before the writ is served on the garnishee, the garnishee received or held 

by conveyance, transfer, or title that was void as to creditors of the 

defendant, but that the garnishee no longer held at the time the writ was 

served, whether or not the defendant could maintain an action against the 

garnishee for the value of the property.

(2) The garnishee is liable for no more than the amount of the unpaid 

judgment, interest, and costs as stated in the verified statement requesting the 

writ of garnishment. Property or debts exceeding that amount may be delivered 

or paid to the defendant notwithstanding the garnishment.

(H) Disclosure. The garnishee shall mail or deliver to the court, the plaintiff, and the 

defendant, a verified disclosure within 14 days after being served with the writ.

(1) Nonperiodic Garnishments.

(a) If indebted to the defendant, the garnishee shall file a disclosure 

revealing the garnishee's liability to the defendant as specified in subrule 

(G)(1) and claiming any setoff that the garnishee would have against the 

defendant, except for claims for unliquidated damages for wrongs or 

injuries

(b) If not indebted to the defendant, the garnishee shall file a disclosure so 

indicating.

(c) If the garnishee is indebted to the defendant, but claims that 

withholding is exempt under MCR 3.101(I)(6), the garnishee shall indicate 

on the disclosure the specific exemption.  If the garnishee is indebted, but 

claims that withholding is exempt for some reason other than those set 

forth in MCR 3.101(I)(6), the garnishee shall indicate on the disclosure the 

basis for its claim of exemption and cite the legal authority for the 

exemption.

(2) Periodic Garnishments.

(a) If not obligated to make periodic payments to the defendant, the 

disclosure shall so indicate, and the garnishment shall be considered to 

have expired.

(b) If obligated to make periodic payments to the defendant, the disclosure 

shall indicate the nature and frequency of the garnishee's obligation. The 

information must be disclosed even if money is not owing at the time of the 

service of the writ.

(c) If a writ or order with a higher priority is in effect, in the disclosure the 

garnishee shall specify the court that issued the writ or order, the file 

number of the case in which it was issued, the date it was issued, and the 

date it was served.

(I) Withholding. This subrule applies only if the garnishee is indebted to or 

obligated to make periodic payments to the defendant.

(1) Except as otherwise provided in this subrule, the writ shall be effective as to 

obligations owed and property held by the garnishee as of the time the writ is 

served on the garnishee.

(2) In the case of periodic earnings, withholding shall commence according to 

the following provisions:

(a) For garnishees with weekly, biweekly, or semimonthly pay periods, 

withholding shall commence with the first full pay period after the writ was 

served.

(b) For garnishees with monthly pay periods, if the writ is served on the 

garnishee within the first 14 days of the pay period, withholding shall 

commence on the date the writ is served. If the writ is served on the 

garnishee on or after the 15th day of the pay period, withholding shall 

commence the first full pay period after the writ was served.

(3) In the case of periodic earnings, withholding shall cease according to the 

following provisions:

(a) For garnishees with weekly, biweekly, or semimonthly pay periods, 

withholding shall cease upon the end of the last full pay period prior to the 

expiration of the writ.

(b) For garnishees with monthly pay periods, withholding shall continue 

until the writ expires.

(4) At the time that a periodic payment is withheld, the garnishee shall provide 

the following information to the plaintiff and defendant:

(a) the name of the parties;

(b) the case number;

(c) the date and amount withheld;

(d) the balance due on the writ.

The information shall also be provided to the court if funds are sent to the court.

(5) If funds have not been withheld because a higher priority writ or order was 

in effect, and the higher priority writ ceases to be effective before expiration of 

the lower priority one, the garnishee shall begin withholding pursuant to the 

lower priority writ as of the date of the expiration of the higher priority writ.

(6) A bank or other financial institution, as garnishee, shall not withhold exempt 

funds of the debtor from an account into which only exempt funds are directly 

deposited and where such funds are clearly identifiable upon deposit as exempt 

Social Security benefits, Supplemental Security Income benefits, Railroad 

Retirement benefits, Black Lung benefits, or Veterans Assistance benefits.

(J) Payment.

(1) After 28 days from the date of the service of the writ on the garnishee, the 

garnishee shall transmit all withheld funds to the plaintiff or the court as 

directed by the court pursuant to subrule (E)(3)(e) unless notified that 

objections have been filed.

(2) For periodic garnishments, all future payments shall be paid as they become 

due as directed by the court pursuant to subrule (E)(3)(e) until expiration of 

the garnishment.

(3) Upon receipt of proceeds from the writ, the court shall forward such 

proceeds to the plaintiff.

(4) Payment to the plaintiff may not exceed the amount of the unpaid 

judgment, interest, and costs stated in the verified statement requesting the 

writ of garnishment. If the plaintiff claims to be entitled to a larger amount, the 

plaintiff must proceed by motion with notice to the defendant.

(5) In the case of earnings, the garnishee shall maintain a record of all payment 

calculations and shall make such information available for review by the 

plaintiff, the defendant, or the court, upon request.

(6) For periodic garnishments, within 14 days after the expiration of the writ or 

after the garnishee is no longer obligated to make periodic payments, the 

garnishee shall file with the court and mail or deliver to the plaintiff and the 

defendant, a final statement of the total amount paid on the writ. If the 

garnishee is the defendant's employer, the statement is to be filed within 14

days after the expiration of the writ, regardless of changes in employment 

status during the time that the writ was in effect. The statement shall include 

the following information:

(a) the names of the parties and the court in which the case is pending;

(b) the case number;

(c) the date of the statement;

(d) the total amount withheld;

(e) the difference between the amount stated in the verified statement 

requesting the writ and the amount withheld.

(7) If the disclosure states that the garnishee holds property other than money 

belonging to the defendant, the plaintiff must proceed by motion (with notice to 

the defendant and the garnishee) to seek an appropriate order regarding 

application of the property to satisfaction of the judgment. If there are no 

pending objections to the garnishment, and the plaintiff has not filed such a 

motion within 56 days after the filing of the disclosure, the garnishment is 

dissolved and the garnishee may release the property to the defendant.

(K) Objections.

(1) Objections shall be filed with the court within 14 days of the date of service 

of the writ on the defendant. Objections may be filed after the time provided in 

this subrule but do not suspend payment pursuant to subrule (J) unless ordered 

by the court. Objections may only be based on defects in or the invalidity of the 

garnishment proceeding itself, and may not be used to challenge the validity of 

the judgment previously entered.

(2) Objections shall be based on one or more of the following:

(a) the funds or property are exempt from garnishment by law;

(b) garnishment is precluded by the pendency of bankruptcy proceedings;

(c) garnishment is barred by an installment payment order;

(d) garnishment is precluded because the maximum amount permitted by 

law is being withheld pursuant to a higher priority garnishment or order;

(e) the judgment has been paid;

(f) the garnishment was not properly issued or is otherwise invalid.

(3) Within 7 days of the filing of objections, notice of the date of hearing on the 

objections shall be sent to the plaintiff, the defendant, and the garnishee. The 

hearing date shall be within 21 days of the date the objections are filed. In 

district court, notice shall be sent by the court. In circuit and probate court, 

notice shall be sent by the objecting party.

(4) The court shall notify the plaintiff, the defendant, and the garnishee of the 

court's decision.

(L) Steps After Disclosure; Third Parties; Interpleader; Discovery.

(1) Within 14 days after service of the disclosure, the plaintiff may serve the 

garnishee with written interrogatories or notice the deposition of the garnishee. 

The answers to the interrogatories or the deposition testimony becomes part of 

the disclosure.

(2) If the garnishee's disclosure declares that a named person other than the 

defendant and the plaintiff claims all or part of the disclosed indebtedness or 

property, the court may order that the claimant be added as a defendant in the 

garnishment action under MCR 2.207. The garnishee may proceed under MCR 

3.603 as in interpleader actions, and other claimants may move to intervene 

under MCR 2.209.

(3) The discovery rules apply to garnishment proceedings.

(4) The filing of a disclosure, the filing of answers to interrogatories, or the 

personal appearance by or on behalf of the garnishee at a deposition does not 

waive the garnishee's right to question the court's jurisdiction, the validity of 

the proceeding, or the plaintiff's right to judgment.

(M) Determination of Garnishee's Liability.

(1) If there is a dispute regarding the garnishee's liability or if another person 

claims an interest in the garnishee's property or obligation, the issue shall be 

tried in the same manner as other civil actions.

(2) The verified statement acts as the plaintiff's complaint against the 

garnishee, and the disclosure serves as the answer. The facts stated in the 

disclosure must be accepted as true unless the plaintiff has served 

interrogatories or noticed a deposition within the time allowed by subrule (L)(1) 

or another party has filed a pleading or motion denying the accuracy of the 

disclosure. Except as the facts stated in the verified statement are admitted by 

the disclosure, they are denied. Admissions have the effect of admissions in 

responsive pleadings. The defendant and other claimants added under subrule 

(L)(2) may plead their claims and defenses as in other civil actions. The 

garnishee's liability to the plaintiff shall be tried on the issues thus framed.

(3) Even if the amount of the garnishee's liability is disputed, the plaintiff may 

move for judgment against the garnishee to the extent of the admissions in the 

disclosure. The general motion practice rules govern notice (including notice to 

the garnishee and the defendant) and hearing on the motion.

(4) The issues between the plaintiff and the garnishee will be tried by the court 

unless a party files a demand for a jury trial within 7 days after the filing of the 

disclosure, answers to interrogatories, or deposition transcript, whichever is 

filed last. The defendant or a third party waives any right to a jury trial unless a 

demand for a jury is filed with the pleading stating the claim.

(5) On the trial of the garnishee's liability, the plaintiff may offer the record of 

the garnishment proceeding and other evidence. The garnishee may offer 

evidence not controverting the disclosure, or in the discretion of the court, may 

show error or mistakes in the disclosure.

(6) If the court determines that the garnishee is indebted to the defendant, but 

the time for payment has not arrived, a judgment may not be entered until 

after the time of maturity stated in the verdict or finding.

(N) Orders for Installment Payments.

(1) An order for installment payments under MCL 600.6201 et eq. suspends the 

effectiveness of a writ of garnishment of periodic payments for work and labor 

performed by the defendant from the time the order is served on the garnishee. 

An order for installment payments does not suspend the effectiveness of a writ 

of garnishment of nonperiodic payments or of an income tax refund or credit. 

(2) If an order terminating the installment payment order is entered and served 

on the garnishee, the writ again becomes effective and remains in force until it 

would have expired if the installment payment order had never been entered.

(O) Judgment and Execution.

(1) Judgment may be entered against the garnishee for the payment of money 

or the delivery of specific property as the facts warrant. A money judgment 

against the garnishee may not be entered in an amount greater than the 

amount of the unpaid judgment, interest, and costs as stated in the verified 

statement requesting the writ of garnishment. Judgment for specific property 

may be enforced only to the extent necessary to satisfy the judgment against 

the defendant.

(2) The judgment against the garnishee discharges the garnishee from all 

demands by the defendant for the money paid or property delivered in 

satisfaction of the judgment. If the garnishee is sued by the defendant for 

anything done under the provisions of these garnishment rules, the garnishee 

may introduce as evidence the judgment and the satisfaction.

(3) If the garnishee is chargeable for specific property that the garnishee holds 

for or is bound to deliver to the defendant, judgment may be entered and 

execution issued against the interest of the defendant in the property for no 

more than is necessary to satisfy the judgment against the defendant. The 

garnishee must deliver the property to the officer serving the execution, who 

shall sell, apply, and account as in other executions.

(4) If the garnishee is found to be under contract for the delivery of specific 

property to the defendant, judgment may be entered and execution issued 

against the interest of the defendant in the property for no more than is 

necessary to satisfy the judgment against the defendant. The garnishee must 

deliver the property to the officer serving the execution according to the terms 

of the contract. The officer shall sell, apply, and account as in ordinary 

execution.

(5) If the garnishee is chargeable for specific property and refuses to expose it 

so that execution may be levied on it, the court may order the garnishee to 

show cause why general execution should not issue against the garnishee. 

Unless sufficient cause is shown to the contrary, the court may order that an 

execution be issued against the garnishee in an amount not to exceed twice the 

value of the specifically chargeable property

(6) The court may issue execution against the defendant for the full amount 

due the plaintiff on the judgment against the defendant. Execution against the 

garnishee may not be ordered by separate writ, but must always be ordered by 

endorsement on or by incorporation within the writ of execution against the 

defendant. The court may order additional execution to satisfy the plaintiff's 

judgment as justice requires.

(7) Satisfaction of all or part of the judgment against the garnishee constitutes 

satisfaction of a judgment to the same extent against the defendant.

(P) Appeals. A judgment or order in a garnishment proceeding may be set aside or 

appealed in the same manner and with the same effect as judgments or orders in 

other civil actions.

(Q) Receivership.

(1) If on disclosure or trial of a garnishee's liability, it appears that when the 

writ was served the garnishee possessed,

(a) a written promise for the payment of money or the delivery of property 

belonging to the defendant, or

(b) personal property belonging to the defendant,

the court may order the garnishee to deliver it to a person appointed as 

receiver.

(2) The receiver must

(a) collect the written promise for payment of money or for the delivery of 

property and apply the proceeds on any judgment in favor of the plaintiff 

against the garnishee and pay any surplus to the garnishee, and

(b) dispose of the property in an amount greater than any encumbrance on 

it can be obtained, and after paying the amount of the encumbrance, apply 

the balance to the plaintiff's judgment against the garnishee and pay any 

surplus to the garnishee.

(3) If the garnishee refuses to comply with the delivery order, the garnishee is 

liable for the amount of the written promise for the payment of money, the 

value of the promise for the delivery of property, or the value of the 

defendant's interest in the encumbered personal property. The facts of the 

refusal and the valuation must be included in the receiver's report to the court.

(4) The receiver shall report all actions pertaining to the promise or property to 

the court. The report must include a description and valuation of any property, 

with the valuation to be ascertained by appraisal on oath or in a manner the 

court may direct.

(R) Costs and Fees.

(1) Costs and fees are as provided by law or these rules.

(2) If the garnishee is not indebted to the defendant, does not hold any 

property subject to garnishment, and is not the defendant's employer, the 

plaintiff is not entitled to recover the costs of that garnishment.

(S) Failure to Disclose or to Do Other Acts; Default; Contempt.

(1) If the garnishee fails to disclose or do a required act within the time limit 

imposed, a default may be taken as in other civil actions. A default judgment 

against a garnishee may not exceed the amount of the garnishee's liability as 

provided in subrule (G)(2).

(2) If the garnishee fails to comply with the court order, the garnishee may be 

adjudged in contempt of court.

(3) In addition to other actions permitted by law or these rules, the court may 

impose costs on a garnishee whose default or contempt results in expense to 

other parties. Costs imposed shall include reasonable attorney fees and shall 

not be less than $100.

(T) Judicial Discretion. On motion the court may by order extend the time for:

(1) the garnishee's disclosure;

(2) the plaintiff's filing of written interrogatories;

(3) the plaintiff's filing of a demand for oral examination of the garnishee;

(4) the garnishee's answer to written interrogatories;

(5) the garnishee's appearance for oral examination; and

(6) the demand for jury trial.

The order must be filed with the court and served on the other parties.

Rule 3.102 Garnishment Before Judgment

(A) Availability of Prejudgment Garnishment.

(1) After commencing an action on a contract, the plaintiff may obtain a 

prejudgment writ of garnishment under the circumstances and by the 

procedures provided in this rule.

(2) Except as provided in subrule (A)(3), a prejudgment garnishment may not 

be used

(a) unless the defendant is subject to the jurisdiction of the court under 

chapter 7 of the Revised Judicature Act, MCL 600.701 et seq.; 

(b) to garnish a defendant's earnings; or

(c) to garnish property held or an obligation owed by the state or a 

governmental unit of the state.

(3) This rule also applies to a prejudgment garnishment in an action brought to 

enforce a foreign judgment. However, the following provisions apply:

(a) The defendant need not be subject to the court's jurisdiction;

(b) The request for garnishment must show that

(i) the defendant is indebted to the plaintiff on a foreign judgment in a 

stated amount in excess of all setoffs;

(ii) the defendant is not subject to the jurisdiction of the state, or that 

after diligent effort the plaintiff cannot serve the defendant with 

process; and

(iii) the person making the request knows or has good reason to believe 

that a named person

(A) has control of property belonging to the defendant, or

(B) is indebted to the defendant.

(c) Subrule (H) does not apply.

(B) Request for Garnishment. After commencing an action, the plaintiff may seek a 

writ of garnishment by filing an ex parte motion supported by a verified statement 

setting forth specific facts showing that:

(1) the defendant is indebted to the plaintiff on a contract in a stated amount in 

excess of all setoffs;

(2) the defendant is subject to the jurisdiction of the state;

(3) after diligent effort the plaintiff cannot serve the defendant with process; 

and

(4) the person signing the statement knows or has good reason to believe that 

a named person

(a) has control of property belonging to the defendant, or

(b) is indebted to the defendant.

On a finding that the writ is available under this rule and that the verified 

statement states a sufficient basis for issuance of the writ, the judge to 

whom the action is assigned may issue the writ.

(C) Writ of Garnishment. The writ of garnishment must have attached or include a 

copy of the verified statement, and must:

(1) direct the garnishee to:

(a) file with the court clerk within 14 days after the service of the writ on 

him or her a verified disclosure indicating his or her liability (as specified in 

subrule [E]) to the defendant;

(b) deliver no tangible or intangible property to the defendant, unless 

allowed by statute or court rule;

(c) pay no obligation to the defendant, unless allowed by statute or court 

rule; and

(d) promptly provide the defendant with a copy of the writ and verified 

statement by personal delivery or by first class mail directed to the 

defendant's last known address;

(2) direct the defendant to refrain from disposing of any negotiable instrument 

representing a debt of the garnishee or of any negotiable instrument of title

representing property in which he or she claims an interest held in the 

possession or control of the garnishee;

(3) inform the defendant that unless the defendant files objections within 14 

days after service of the writ on the defendant, or appears and submits to the 

jurisdiction of the court, an order may enter requiring the garnishee to deliver 

the garnished property or pay the obligation to be applied to the satisfaction of 

the plaintiff's claim; and

(4) command the process server to serve the writ and to file a proof of service.

(D) Service of Writ. MCR 3.101(F) applies to prejudgment garnishment.

(E) Liability of Garnishee. MCR 3.101(G) applies to prejudgment garnishment 

except that the earnings of the defendant may not be garnished before judgment.

(F) Disclosure. The garnishee shall file and serve a disclosure as provided in MCR 

3.101(H).

(G) Payment or Deposit Into Court. MCR 3.101(I) and (J) apply to prejudgment 

garnishment, except that payment may not be made to the plaintiff until after entry 

of judgment, as provided in subrule (I).

(H) Objection; Dissolution of Prejudgment Garnishment. Objections to and 

dissolution of a prejudgment garnishment are governed by MCR 3.101(K) and MCR 

3.103(H).

(I) Proceedings After Judgment.

(1) If the garnishment remains in effect until entry of judgment in favor of the 

plaintiff against the defendant, the garnished property or obligation may be 

applied to the satisfaction of the judgment in the manner provided in MCR 

3.101(I), (J), (M), and (O).

(2) MCR 3.101(P) and (Q) and MCR 3.103(I)(2) apply to prejudgment 

garnishment.

(J) Costs and Fees; Default; Contempt; Judicial Discretion. MCR 3.101(R), (S), and 

(T) apply to prejudgment garnishment.

Rule 3.103 Attachment

(A) Availability of Writ. After commencing an action, the plaintiff may obtain a writ 

of attachment under the circumstances and by the procedures provided in this rule. 

Except in an action brought on a foreign judgment, attachment may not be used 

unless the defendant is subject to the jurisdiction of the court under chapter 7 of 

the Revised Judicature Act. MCL 600.701 et seq.

(B) Motion for Writ.

(1) The plaintiff may seek a writ of attachment by filing an ex parte motion 

supported by an affidavit setting forth specific facts showing that

(a) at the time of the execution of the affidavit the defendant is indebted to 

the plaintiff in a stated amount on a contract in excess of all setoffs,

(b) the defendant is subject to the judicial jurisdiction of the state, and

(c) after diligent effort the plaintiff cannot serve the defendant with process.

In an action brought on a tort claim or a foreign judgment, subrules (B)(2) 

and (3), respectively, apply.

(2) In a tort action the following provisions apply:

(a) Instead of the allegations required by subrule (B)(1)(a), the affidavit in 

support of the motion must describe the injury claimed and state that the 

affiant in good faith believes that the defendant is liable to the plaintiff in a 

stated amount. The other requirements of subrule (B)(1) apply.

(b) If the writ is issued the court shall specify the amount or value of 

property to be attached.

(3) In an action brought on a foreign judgment, instead of the allegations 

required by subrule (B)(1), the affidavit in support of the motion must show 

that

(a) the defendant is indebted to the plaintiff on a foreign judgment in a 

stated amount in excess of all setoffs,

(b) the defendant is not subject to the jurisdiction of the state or that after 

diligent effort the plaintiff cannot serve the defendant with process.

(C) Issuance of Writ.

(1) On a finding that the writ is available under this rule and that the affidavit 

states a sufficient basis for issuance of the writ, the judge to whom the action is 

assigned may issue the writ.

(2) The judge's order shall specify what further steps, if any, must be taken by 

the plaintiff to notify the defendant of the action and the attachment.

(D) Contents of Writ. The writ of attachment must command the sheriff or other 

officer to whom it is directed

(1) to attach so much of the defendant's real and personal property not exempt 

from execution as is necessary to satisfy the plaintiff's demand and costs, and

(2) to keep the property in a secure place to satisfy any judgment that may be 

recovered by the plaintiff in the action until further order of the court.

(E) Execution of Writ; Subsequent Attachments.

(1) The sheriff or other officer to whom a writ of attachment is directed shall 

execute the writ by seizing and holding so much of the defendant's property not 

exempt from execution, wherever found within the county, as is necessary to

satisfy the plaintiff's demand and costs. If insufficient property is seized, then 

the officer shall seize other property of the defendant not exempt from 

execution, wherever found within Michigan, as is necessary when added to that 

already seized, to satisfy the plaintiff's demand and costs. The property seized 

must be inventoried by the officer and appraised by two disinterested residents 

of the county in which the property was seized. After being sworn under oath to 

make a true appraisal, the appraisers shall make and sign an appraisal. The 

inventory and appraisal must be filed and a copy served on the parties under 

MCR 2.107.

(2) In subsequent attachments of the same property while in the hands of the 

officer, the original inventory and appraisal satisfy the requirement of subrule 

(E)(1).

(F) Attachment of Realty; Stock.

(1) The officer may seize an interest in real estate by depositing a certified copy 

of the writ of attachment, including a description of the land affected, with the 

register of deeds for the county in which the land is located. It is not necessary 

that the officer enter on the land or be within view of it.

(2) Shares of stock or the interest of a stockholder in a domestic corporation 

must be seized in the manner provided for the seizure of that property on 

execution.

(G) Animals or Perishable Property; Sale; Distribution of Proceeds.

(1) When any of the property attached consists of animals or perishable 

property, the court may order the property sold and the money from the sale 

brought into court, to await the order of the court.

(2) After the order for a sale is entered, the officer having the property shall 

advertise and sell it in the manner that personal property of like character is 

required to be advertised and sold on execution. The officer shall deposit the 

proceeds with the clerk of the court in which the action is pending.

(3) If the plaintiff recovers judgment, the court may order the money paid to 

the plaintiff. If the judgment is entered against the plaintiff or the suit is 

dismissed or the attachment is dissolved, the court shall order the money paid 

to the defendant or other person entitled to it.

(H) Dissolution of Attachment.

(1) Except in an action brought on a foreign judgment, if the defendant submits 

to the jurisdiction of the court, the court shall dissolve the attachment.

(2) A person who owns, possesses, or has an interest in attached property may 

move at any time to dissolve the attachment. The defendant may move to 

dissolve the attachment without submitting to the jurisdiction of the court.

(a) When a motion for dissolution of attachment is filed, the court shall 

enter an order setting a time and place for hearing the motion, and may 

issue subpoenas to compel witnesses to attend.

(b) The plaintiff must be served with notice under MCR 2.107 at least 3 

days before the hearing unless the court's order prescribes a different 

notice requirement.

(c) At the hearing, the proofs are heard in the same manner as in a nonjury 

trial. If the court decides that the defendant was not subject to the 

jurisdiction of the state or that the property was not subject to or was 

exempt from attachment, it shall dissolve the attachment and restore the 

property to the defendant, and the attachment may be dissolved for any

other sufficient reason. The court may order the losing party to pay the 

costs of the dissolution proceeding.

(3) If the action is dismissed or judgment is entered for the defendant, the 

attachment is dissolved.

(I) Satisfaction of Judgment.

(1) If the attachment remains in effect until the entry of judgment against the 

defendant, the attached property may be applied to the satisfaction of the 

judgment, including interest and costs, in the same manner as in the case of an 

execution.

(2) If the court does not acquire personal jurisdiction over the defendant, either 

by service or by the defendant's appearance, a judgment against the defendant 

is not binding beyond the value of the attached property.

Rule 3.104 Installment Payment Orders

(A) Motion for Installment Payment Order. A party against whom a money 

judgment has been entered may move for entry of an order permitting the 

judgment to be paid in installments in accordance with MCL 600.6201 et seq. A 

copy of the motion must be served on the plaintiff, by the clerk of the court in

district court and by the party who filed the objection in circuit or probate court.

(B) Consideration of Motion. The motion will be granted without further hearing 

unless the plaintiff files, and serves on the defendant, written objections within 14 

days after the service date of the defendant's motion. If objections are filed, the 

clerk must promptly present the motion and objections to the court. The court will 

decide the motion based on the papers filed or notify the parties that a hearing will 

be required. Unless the court schedules the hearing, the moving party is 

responsible for noticing the motion for hearing.

(C) Failure to Comply with Installment Order. If the defendant fails to make 

payments pursuant to the order for installment payments, the plaintiff may file and 

serve on the defendant a motion to set aside the order for installment payments. 

Unless a hearing is requested within 14 days after service of the motion, the order 

to set aside the order for installment payments will be entered.

(D) Request After Failure to Comply with Previous Order. If the defendant moves 

for an order for installment payments within 91 days after a previous installment 

order has been set aside, unless good cause is shown the court shall assess costs 

against the defendant as a condition of entry of the new order.

Rule 3.105 Claim and Delivery

(A) Nature of Action; Replevin. Claim and delivery is a civil action to recover

(1) possession of goods or chattels which have been unlawfully taken or 

unlawfully detained, and

(2) damages sustained by the unlawful taking or unlawful detention.

A statutory reference to the action of replevin is to be construed as a reference to 

the action of claim and delivery.

(B) Rules Applicable. A claim and delivery action is governed by the rules applicable 

to other civil actions, except as provided in MCL 600.2920, and this rule.

(C) Complaint; Joinder of Claims; Interim Payments. A claim and delivery complaint 

must:

(1) specifically describe the property claimed;

(2) state the value of the property claimed (which will be used only to set the 

amount of bond and not as an admission of value);

(3) state if the property claimed is an independent piece of property or a 

portion of divisible property of uniform kind, quality, and value; and

(4) specifically describe the nature of the claim and the basis for the judgment 

requested.

If the action is based on a security agreement, a claim for the debt may be joined 

as a separate count in the complaint. If the plaintiff, while the action is pending, 

receives interim payments equal to the amount originally claimed, the action must 

be dismissed.

(D) Answer. An answer to a claim and delivery complaint may concede the claim for 

possession and yet contest any other claim.

(E) Possession Pending Final Judgment.

(1) Motion for Possession Pending Final Judgment. After the complaint is filed, 

the plaintiff may file a verified motion requesting possession pending final 

judgment. The motion must

(a) describe the property to be seized, and

(b) state sufficient facts to show that the property described will be 

damaged, destroyed, concealed, disposed of, or used so as to substantially 

impair its value, before final judgment unless the property is taken into 

custody by court order.

(2) Court Order Pending Hearing. After a motion for possession pending final 

judgment is filed, the court, if good cause is shown, must order the defendant 

to

(a) refrain from damaging, destroying, concealing, disposing of, or using so 

as to substantially impair its value, the property until further order of the 

court; and

(b) appear before the court at a specified time to answer the motion.

(3) Hearing on Motion for Possession Pending Final Judgment.

(a) At least 7 days before a hearing on a motion filed under this subrule, 

the defendant must be served with

(i) a copy of the motion; and

(ii) an order entered under subrule (E)(2).

(b) At the hearing, each party may present proofs. To obtain possession 

before judgment, the plaintiff must establish

(i) that the plaintiff's right to possession is probably valid; and

(ii) that the property will be damaged, destroyed, concealed, disposed 

of, or used so as to substantially impair its value, before trial.

(c) Adjournment. A court may not

(i) grant an adjournment of this hearing on the basis that a defendant

has not yet answered the complaint or the motion filed under this 

subrule; or

(ii) allow a hearing on this motion if the hearing date has been 

adjourned more than 56 days with the assent of the plaintiff, unless the 

plaintiff files a new motion which includes recitations of any payments 

made by the defendant after the original motion was filed.

(4) Order for Custody Pending Final Judgment. After proofs have been taken on 

the plaintiff's motion for possession pending final judgment, the court may 

order whatever relief the evidence requires. This includes:

(a) denying the motion;

(b) leaving the defendant in possession of the property and restraining the 

defendant from damaging, destroying, concealing, or disposing of the 

property. 

The court may condition the defendant's continued possession by requiring 

the defendant to

(i) furnish a penalty bond, payable to the plaintiff, of not less than $100 

and at least twice the value of the property stated in the complaint; and

(ii) agree that he or she will surrender the property to the person 

adjudged entitled to possession and will pay any money that may be 

recovered against him or her in the action;

(c) ordering the sheriff or court officer to seize the property within 21 days 

and either hold it or deliver it to the plaintiff. The court may condition the 

plaintiff's possession by requiring the plaintiff to

(i) furnish a penalty bond payable to the defendant, and to the sheriff or 

court officer, of not less than $100 and at least twice the value of the 

property stated in the complaint; and

(ii) agree that he or she will surrender the property to the person 

adjudged entitled to possession, diligently prosecute the suit to final 

judgment, and pay any money that may be recovered against him or 

her in the action.

A bond required in a claim and delivery action must be approved by and 

filed with the court within the time the order provides.

(F) Seizure. A copy of an order issued under subrule (E)(4)(c) must be delivered to 

the sheriff or court officer, who must

(1) seize the property described in the order;

(2) serve a copy of the order on the defendant, under MCR 2.107; and

(3) file a return with the court showing seizure and service.

(G) Custody; Delivery. After seizing the property, the sheriff or court officer shall 

keep it in a secure place and deliver it in accordance with the court order. The 

sheriff or court officer is entitled to receive the lawful fees for seizing the property 

and the necessary expenses for seizing and keeping it.

(H) Judgment.

(1) The judgment must determine

(a) the party entitled to possession of the property,

(b) the value of the property,

(c) the amount of any unpaid debt, and

(d) any damages to be awarded.

(2) If the property is not in the possession of the party who is entitled to 

possession, a judgment must order the property to be immediately delivered to 

that party.

(3) If the action is tried on the merits, the value of the property and the 

damages are determined by the trier of fact.

(4) If the defendant has been deprived of the property by a prejudgment order 

and the main action is dismissed, the defendant may apply to the court for 

default judgment under MCR 2.603.

(5) If the plaintiff takes a default judgment, the value of the property and the 

damages are determined under MCR 2.603. A defendant who appeared at a 

show-cause proceeding is deemed to have filed an appearance.

(6) The party adjudged entitled to possession of the property described may 

elect to take judgment for the value of the property instead of possession. The 

judgment value may not exceed the unpaid debt, if any, secured by such 

property.

(7) The liability of a surety on a bond given under this rule may be determined 

on motion under MCR 3.604.

(I) Costs. Costs may be taxed in the discretion of the court. Costs may include the 

cost of a bond required by the court, and the costs of seizing and keeping the 

property.

(J) Execution.

(1) The execution issued on a judgment in a claim and delivery action must 

command the sheriff or court officer

(a) to levy the prevailing party's damages and costs on the property of the 

opposite party, as in other executions against property; and

(b) if the property described in the judgment is found in the possession of 

the defendant, to seize the property described in the judgment and deliver 

it to the prevailing party; or, if the property is not found in the possession 

of the defendant, to levy the value of it. The value may not exceed the total 

of the unpaid debt, costs, and damages.

(2) Execution may not issue on a judgment in a claim and delivery action if 

more than 28 days have passed from the signing of the judgment, unless

(a) the plaintiff files a motion for execution which must include, if money 

has been paid on the judgment, the amount paid and the conditions under 

which it was accepted; and

(b) a hearing is held after the defendant has been given notice and an 

opportunity to appear.

Rule 3.106 Procedures Regarding Orders for the Seizure of Property and 

Orders of Eviction

(A) Scope of Rule. This rule applies to orders for the seizure of property and orders 

of eviction.

(B) Persons Who May Seize Property or Conduct Evictions. The persons who may 

seize property or conduct evictions are those persons named in MCR 2.103(B), and 

they are subject to the provisions of this rule unless a provision or a statute 

specifies otherwise.

(1) A court may provide that property shall be seized and evictions conducted 

only by

(a) court officers and bailiffs serving that court;

(b) sheriffs and deputy sheriffs;

(c) officers of the Department of State Police in an action in which the state 

is a party; and

(d) police officers of an incorporated city or village in an action in which the 

city or village is a party.

(2) Each court must post, in a public place at the court, a list of those persons 

who are serving as court officers or bailiffs. The court must provide the State 

Court Administrative Office with a copy of the list, and must notify the State 

Court Administrative Office of any changes.

(C) Appointment of Court Officers. Court officers may be appointed by a court for a 

term not to exceed 2 years.

(1) The appointment shall be made by the chief judge. Two or more chief 

judges may jointly appoint court officers for their respective courts.

(2) The appointing court must specify the nature of the court officer's 

employment relationship at the time of appointment.

(3) The appointing court must maintain a copy of each court officer's 

application, as required by the State Court Administrative Office.

(4) The State Court Administrative Office shall develop a procedure for the

appointment and supervision of court officers, including a model application 

form. Considerations shall include, but are not limited to, an applicant's 

character, experience, and references.

(D) Conditions of Service as a Court Officer or Bailiff. Court officers and bailiffs 

must

(1) post a surety bond pursuant to MCR 8.204;

(2) provide the names and addresses of all financial institutions in which they 

deposit funds obtained under this rule, and the respective account numbers; 

and

(3) provide the names and addresses of those persons who regularly provide 

services to them in the seizure of property or evictions.

(E) Forms. The State Court Administrative Office shall publish forms approved for 

use with regard to the procedures described in this rule.

(F) Procedures Generally.

(1) All persons specified in MCR 2.103(B) must carry and display identification 

authorized by the court or the agency that they serve.

(2) A copy of the order for seizure of property or eviction shall be served on the 

defendant or the defendant's agent, or left or posted on the premises in a 

conspicuous place. If property is seized from any other location, a copy of the 

order shall be mailed to the defendant's last known address.

(G) Procedures Regarding Orders for Seizure of Property.

(1) Orders for seizure of property shall be issued pursuant to statute and 

endorsed upon receipt.

(2) No funds may be collected pursuant to an order for seizure of property prior 

to service under subrule (F)(2).

(3) An inventory and receipt shall be prepared upon seizure of property or 

payment of funds.

(a) The original shall be filed with the court within 7 days of the seizure or 

payment.

(b) A copy shall be

(i) provided to the parties or their respective attorneys or agents and 

posted on the premises in a conspicuous place; if the property is seized 

from any other location, a copy shall be mailed to the nonprevailing 

party's last known address, and

(ii) retained by the person who seized the property.

(4) Property seized shall be disposed of according to law.

(5) Within 21 days, and as directed by the court, any money that is received 

shall be paid to the court or deposited in a trust account for payment to the 

prevailing party or that party's attorney.

(6) Costs allowed by statute shall be paid according to law.

(a) Copies of all bills and receipts for service shall be retained for one year 

by the person serving the order.

(b) Statutory collection fees shall be paid in proportion to the amount 

received.

(c) There shall be no payment except as provided by law.

(7) Within 14 days after the expiration of the order or satisfaction of judgment, 

whichever is first, the following shall be filed with the court and a copy provided 

to the prevailing party or that party's attorney:

(a) a report summarizing collection activities, including an accounting of all 

money or property collected,

(b) a report that collection activities will continue pursuant to statute, if 

applicable, or

(c) a report that no collection activity occurred.

(H) Procedures Regarding Orders of Eviction. Copies of all bills and receipts for 

services shall be retained by the person serving the order for one year.

Rule 3.110 Stockholders' Liability Proceedings

(A) Scope of Rule. This rule applies to actions brought under MCL 600.2909.

(B) When Action May Be Brought. An action against stockholders in which it is 

claimed that they are individually liable for debts of a corporation may not be 

brought until:

(1) a judgment has been recovered against the corporation for the 

indebtedness;

(2) an execution on the judgment has been issued to the county in which the 

corporation has its principal office or carries on its business; and

(3) the execution has been returned unsatisfied in whole or in part.

(C) Order for List of Stockholders. When the conditions set out in subrule (B) are 

met, the plaintiff may apply to the court that entered the judgment to order a list of 

stockholders. The court shall enter an order to be served on the secretary or other 

proper officer of the corporation, requiring the officer, within the time provided in 

the order, to file a statement under oath listing the names and addresses of all 

persons who appear by the corporation books to have been, or who the officer has 

reason to believe were, stockholders when the debt accrued, and the amount of

stock held by each of them.

(D) Commencement of Action; Complaint. An action against the stockholders to 

impose personal liability on them for the debt of the corporation may be 

commenced and carried on as other civil actions under these rules. The complaint 

must, among other things, state:

(1) that the plaintiff has obtained a judgment against the corporation and the 

amount;

(2) that execution has been issued and returned unsatisfied in whole or in part, 

and the amount remaining unpaid;

(3) that the persons named as defendants are the persons listed in the 

statement filed by the officer of the corporation under subrule (C);

(4) the amount of stock held by each defendant, or that the plaintiff could not, 

with reasonable diligence, ascertain the amounts;

(5) the consideration received by the corporation for the debt on which 

judgment was rendered;

(6) a request for judgment against the stockholders in favor of the plaintiff for 

the amount alleged to be due from the corporation.

(E) Judgment Against Corporation As Evidence. At the trial the judgment against 

the corporation and the amount remaining unpaid are prima facie evidence of the 

amount due to the plaintiff but are not evidence that the debt on which the 

judgment was rendered is one for which the defendants are personally liable.

(F) Entry of Judgment Against Defendant. If a defendant admits the facts set forth 

in the complaint or defaults by failing to answer, or if the issues are determined 

against the defendant, judgment may be entered against him or her for the amount 

of the judgment against the corporation remaining unpaid, on proof that the debt is 

one for which that defendant is personally liable as a stockholder.

(G) Order of Apportionment; Execution. After judgment has been entered against 

all or some of the defendants, the court may apportion among these defendants the 

sum for which they have been adjudged liable pro rata according to the stock held 

by each. If any defendant fails to pay the amount apportioned against that 

defendant within 21 days, execution may issue as in other civil actions.

(H) Reapportionment. If execution is returned unsatisfied in whole or in part 

against any of the defendants as to whom apportionment has been made, the court 

has the power and the duty on application by the plaintiff to reapportion the sum 

remaining uncollected on the basis of subrule (G) among the remaining defendants 

adjudged liable. Execution may issue for the collection of these amounts.

(I) Contribution Among Stockholders. A stockholder who has been compelled to pay 

more than his or her pro rata share of the debts of the corporation, according to the 

amount of stock held, is entitled to contribution from other stockholders who are 

also liable for the debt and who have not paid their portions.

Subchapter 3.200 Domestic Relations Actions

Rule 3.201 Applicability of Rules

(A) Subchapter 3.200 applies to

(1) actions for divorce, separate maintenance, the annulment of marriage, the 

affirmation of marriage, paternity, family support under MCL 552.451 et seq., 

the custody of minors under MCL 722.21 et seq., and visitation with minors 

under MCL 722.27b, and to 

(2) proceedings that are ancillary or subsequent to the actions listed in subrule 

(A)(1) and that relate to

(a) the custody of minors,

(b) visitation with minors, or

(c) the support of minors and spouses or former spouses.

(B) As used in this subchapter with regard to child support, the terms "minor" or 

"child" may include children who have reached the age of majority, in the 

circumstances where the legislature has so provided.

(C) Except as otherwise provided in this subchapter, practice and procedure in 

domestic relations actions is governed by other applicable provisions of the 

Michigan Court Rules.

(D) When used in this subchapter, unless the context otherwise indicates:

(1) "Case" means an action initiated in the family division of the circuit court 

by:

(a) submission of an original complaint, petition, or citation;

(b) acceptance of transfer of an action from another court or tribunal; or

(c) filing or registration of a foreign judgment or order.

(2) "File" means the repository for collection of the pleadings and other 

documents and materials related to a case. A file may include more than one 

case involving a family.

(3) "Jurisdiction" means the authority of the court to hear cases and make 

decisions and enter orders on cases.

Rule 3.202 Capacity to Sue

(A) Minors and Incompetent Persons. Except as provided in subrule (B), minors and 

incompetent persons may sue and be sued as provided in MCR 2.201.

(B) Emancipated Minors. An emancipated minor may sue and be sued in the 

minor's own name, as provided in MCL 722.4e(1)(b).

Rule 3.203 Service of Notice and Court Papers in Domestic Relations Cases

(A) Manner of Service. Unless otherwise required by court rule or statute, the 

summons and complaint must be served pursuant to MCR 2.105. In cases in which 

the court retains jurisdiction

(1) notice must be provided as set forth in the statute requiring the notice. 

Unless otherwise required by court rule or statute, service by mail shall be to a 

party's last known mailing address, and 

(2) court papers and notice for which the statute or court rule does not specify 

the manner of service must be served as provided in MCR 2.107, except that 

service by mail shall be to a party's last known mailing address. 

(B) Place of Service; After Entry of Judgment or Order. When a domestic relations 

judgment or order requires the parties to inform the friend of the court office of any 

changes in their mailing address, a party's last known mailing address means the 

most recent address

(1) that the party provided in writing to the friend of the court office, or

(2) set forth in the most recent judgment or order entered in the case, or

(3) the address established by the friend of the court office pursuant to subrule 

(D).

(C) Place of Service; Before Entry of Judgment or Order. After a summons and 

complaint has been filed and served on a party, but before entry of a judgment or 

order that requires the parties to inform the friend of the court of any changes in 

their mailing address, the last known mailing address is the most recent address

(1) set forth in the pleadings, or

(2) that a party provides in writing to the friend of the court office.

(D) Administrative Change of Address. The friend of the court office shall change a 

party's address administratively pursuant to the policy established by the state 

court administrator for that purpose when:

(1) a party's address changes in another friend of the court office pursuant to 

these rules, or

(2) notices and court papers are returned to the friend of the court office as 

undeliverable. 

(E) Service on Nonparties. Notice to a nonparty must be provided as set forth in the 

statute requiring the notice. Absent statutory direction, the notice may be provided 

by regular mail. Absent statutory direction, court papers initiating an action against 

nonparties to enforce a notice must be served in the same manner as a summons 

and complaint pursuant to MCR 2.105.

(F) Confidential Addresses. When a court order makes a party's address 

confidential, the party shall provide an alternative address for service of notice and 

court papers.

(G) Notice to Friend of the Court. If a child of the parties or a child born during the 

marriage is under the age of 18, or if a party is pregnant, or if child support or

spousal support is requested, the parties must provide the friend of the court with a 

copy of all pleadings and other papers filed in the action. The copy must be marked 

"friend of the court" and submitted to the court clerk at the time of filing. The court 

clerk must send the copy to the friend of the court.

(H) Notice to Prosecuting Attorney. In an action for divorce or separate 

maintenance in which a child of the parties or a child born during the marriage is 

under the age of 18, or if a party is pregnant, the plaintiff must serve a copy of the 

summons and complaint on the prosecuting attorney when required by law. Service 

must be made at the time of filling by providing the court clerk with an additional 

copy marked "prosecuting attorney". The court clerk must send the copy to the 

prosecuting attorney.

(I) Service of Informational Pamphlet. If a child of the parties or a child born during 

the marriage is under the age of 18, or if a party is pregnant, or if child support or 

spousal support is requested, the plaintiff must serve with the complaint a copy of 

the friend of the court informational pamphlet required by MCL 552.505(a). The 

proof of service must state that service of the informational pamphlet has been 

made. 

Rule 3.204 Proceedings Affecting Children

(A) Unless the court orders otherwise for good cause, if a circuit court action 

involving child support, custody, or parenting time is pending, or if the circuit court 

has continuing jurisdiction over such matters because of a prior action:

(1) A new action concerning support, custody or parenting time of the same 

child must be filed as a motion or supplemental complaint in the earlier action.  

The new action shall be filed as a motion if the relief sought would have been 

available in the original cause of action.  If the relief sought was not available in 

the original action, the new action must be filed as a supplemental complaint.

(2) A new action for the support, custody, or parenting time of a different child

of the same parents must be filed as a supplemental complaint in the earlier 

action if the court has jurisdiction and the new action is not an action for 

divorce, annulment, or separate maintenance.

(3) A new action for divorce, annulment, or separate maintenance that also 

involves the support, custody, or parenting time of that child must be filed in 

the same county if the circuit court for that county has jurisdiction over the new 

action and the new case must be assigned to the same judge to whom the 

previous action was assigned. 

(4) A party may file a supplemental pleading required by this subrule without 

first seeking and obtaining permission from the court.  The supplemental 

pleading must be served as provided in MCR 3.203(A)(2), and an answer must 

be filed within the time allowed by MCR 2.108.  When this rule requires a 

supplemental pleading, all filing and judgment entry fees must be paid as if the 

action was filed separately.

(B) When more than one circuit court action involving support, custody, or 

parenting time of a child is pending, or more than one circuit court has continuing 

jurisdiction over those matters because of prior actions, an original or supplemental 

complaint for the support, custody, or parenting time of a different child of the 

same parents must be filed in whichever circuit court has jurisdiction to decide the 

new action.  If more than one of the previously involved circuit courts would have 

jurisdiction to decide the new action, or if the action might be filed in more than 

one county within a circuit:

(1) The new action must be filed in the same county as a prior action involving 

the parents’ separate maintenance, divorce, or annulment.

(2) If no prior action involves separate maintenance, divorce, or annulment, the 

new action must be filed:

(a) in the county of the circuit court that has issued a judgment affecting 

the majority of the parents’ children in common, or

(b) if no circuit court for a county has issued a judgment affecting a 

majority of the parents’ children in common, then in the county of the 

circuit court that has issued the most recent judgment affecting a child of 

the same parents. 

(C) The court may consolidate actions administratively without holding a 

consolidation hearing when:

(1) the cases involve different children of the same parents but all other parties 

are the same, or

(2)more than one action involves the same child and parents.

(D) If a new action for support is filed in a circuit court in which a party has an 

existing or pending support obligation, the new case must be assigned to the same 

judge to whom the other case is assigned, pursuant to MCR 8.111(D).

(E) In a case involving a dispute regarding the custody of a minor child, the court 

may, on motion of a party or on its own initiative, for good cause shown, appoint a 

guardian ad litem to represent the child and assess the costs and reasonable fees 

against the parties involved in full or in part.

Rule 3.205 Prior and Subsequent Orders and Judgments Affecting Minors

(A) Jurisdiction. If an order or judgment has provided for continuing jurisdiction of a 

minor and proceedings are commenced in another Michigan court having separate 

jurisdictional grounds for an action affecting that minor, a waiver or transfer of 

jurisdiction is not required for the full and valid exercise of jurisdiction by the 

subsequent court.

(B) Notice to Prior Court, Friend of the Court, Juvenile Officer, and Prosecuting 

Attorney.

(1) As used in this rule, "appropriate official" means the friend of the court, 

juvenile officer, or prosecuting attorney, depending on the nature of the prior or 

subsequent court action and the court involved.

(2) If a minor is known to be subject to the prior continuing jurisdiction of a 

Michigan court, the plaintiff or other initiating party must mail written notice of 

proceedings in the subsequent court to the attention of

(a) the clerk or register of the prior court, and

(b) the appropriate official of the prior court.

(3) The notice must be mailed at least 21 days before the date set for hearing. 

If the fact of continuing jurisdiction is not then known, notice must be given 

immediately when it becomes known.

(4) The notice requirement of this subrule is not jurisdictional and does not 

preclude the subsequent court from entering interim orders before the 

expiration of the 21-day period, if required by the best interests of the minor.

(C) Prior Orders.

(1) Each provision of a prior order remains in effect until the provision is 

superseded, changed, or terminated by a subsequent order.

(2) A subsequent court must give due consideration to prior continuing orders 

of other courts, and may not enter orders contrary to or inconsistent with such 

orders, except as provided by law.

(D) Duties of Officials of Prior and Subsequent Courts.

(1) Upon receipt of the notice required by subrule (B), the appropriate official of 

the prior court

(a) must provide the subsequent court with copies of all relevant orders 

then in effect and copies of relevant records and reports, and

(b) may appear in person at proceedings in the subsequent court, as the 

welfare of the minor and the interests of justice require.

(2) Upon request of the prior court, the appropriate official of the subsequent 

court

(a) must notify the appropriate official of the prior court of all proceedings 

in the subsequent court, and

(b) must send copies of all orders entered in the subsequent court to the 

attention of the clerk or register and the appropriate official of the prior 

court.

(3) If a circuit court awards custody of a minor pursuant to MCL 722.26b, the 

clerk of the circuit court must send a copy of the judgment or order of 

disposition to the probate court that has prior or continuing jurisdiction of the 

minor as a result of the guardianship proceedings, regardless whether there is a 

request.

(4) Upon receipt of an order from the subsequent court, the appropriate official 

of the prior court must take the steps necessary to implement the order in the 

prior court.

Rule 3.206 Pleading

(A) Information in Complaint.

(1) Except for matters considered confidential by statute or court rule, in all 

domestic relations actions, the complaint must state

(a) the allegations required by applicable statutes;

(b) the residence information required by statute;

(c) the complete names of all parties; and

(d) the complete names and dates of birth of any minors involved in the 

action, including all minor children of the parties and all minor children born 

during the marriage.

(2) In a case that involves a minor, or if child support is requested, the 

complaint also must state whether any Michigan court has prior continuing 

jurisdiction of the minor. If so, the complaint must specify the court and the file 

number.

(3) In a case in which the custody of a minor is to be determined, the complaint 

or an affidavit attached to the complaint also must state the information 

required by MCL 722.1209.

(4) The caption of the complaint must also contain either (a) or (b) as a 

statement of the attorney for the plaintiff or petitioner, or of a plaintiff or 

petitioner appearing without an attorney:

(a) There is no other pending or resolved action within the jurisdiction of 

the family division of the circuit court involving the family or family 

members of the person[s] who [is/are] the subject of the complaint or 

petition.

(b) An action within the jurisdiction of the family division of the circuit court 

involving the family or family members of the person[s] who [is/are] the 

subject of the complaint or petition has been previously filed in [this 

court]/[______Court], where it was given docket number ______ and was 

assigned to Judge ________. The action [remains]/[is no longer] pending.

(5) In an action for divorce, separate maintenance, annulment of marriage, or 

affirmation of marriage, regardless of the contentions of the parties with 

respect to the existence or validity of the marriage, the complaint also must 

state

(a) the names of the parties before the marriage;

(b) whether there are minor children of the parties or minor children born 

during the marriage;

(c) whether a party is pregnant;

(d) the factual grounds for the action, except that in an action for divorce or 

separate maintenance the grounds must be stated in the statutory 

language, without further particulars; and

(e) whether there is property to be divided.

(6) A party who requests spousal support in an action for divorce, separate 

maintenance, annulment, affirmation of marriage, or spousal support, must 

allege facts sufficient to show a need for such support and that the other party 

is able to pay.

(7) A party who requests an order for personal protection or for the protection 

of property, including but not limited to restraining orders and injunctions 

against domestic violence, must allege facts sufficient to support the relief 

requested.

(B) Verified Statement.

(1) In an action involving a minor, or if child support or spousal support is 

requested, the party seeking relief must attach a verified statement to the 

copies of the papers served on the other party and provided to the friend of the 

court, stating

(a) the last known telephone number, post office address, residence 

address, and business address of each party;

(b) the social security number and occupation of each party;

(c) the name and address of each party's employer;

(d) the estimated weekly gross income of each party;

(e) the driver's license number and physical description of each party, 

including eye color, hair color, height, weight, race, gender, and identifying 

marks;

(f) any other names by which the parties are or have been known;

(g) the name, age, birth date, social security number, and residence 

address of each minor involved in the action, as well as of any other minor 

child of either party;

(h) the name and address of any person, other than the parties, who may 

have custody of a minor during the pendency of the action;

(i) the kind of public assistance, if any, that has been applied for or is being 

received by either party or on behalf of a minor, and the AFDC and recipient 

identification numbers; if public assistance has not been requested or 

received, that fact must be stated; and

(j) the health care coverage, if any, that is available for each minor child; 

the name of the policyholder; the name of the insurance company, health 

care organization, or health maintenance organization; and the policy, 

certificate, or contract number.

(2) The information in the verified statement is confidential, and is not to be 

released other than to the court, the parties, or the attorneys for the parties,

except on court order. For good cause, the addresses of a party and minors 

may be omitted from the copy of the statement that is served on the other 

party.

(3) If any of the information required to be in the verified statement is omitted, 

the party seeking relief must explain the omission in a sworn affidavit, to be 

filed with the court.

(C) Attorney Fees and Expenses.

(1) A party may, at any time, request that the court order the other party to 

pay all or part of the attorney fees and expenses related to the action or a 

specific proceeding, including a post-judgment proceeding.

(2) A party who requests attorney fees and expenses must allege facts 

sufficient to show that

(a) the party is unable to bear the expense of the action, and that the other 

party is able to pay, or

(b) the attorney fees and expenses were incurred because the other party 

refused to comply with a previous court order, despite having the ability to 

comply.

Rule 3.207 Ex Parte, Temporary, and Protective Orders

(A) Scope of Relief. The court may issue ex parte and temporary orders with regard 

to any matter within its jurisdiction, and may issue protective orders against 

domestic violence as provided in subchapter 3.700.

(B) Ex Parte Orders.

(1) Pending the entry of a temporary order, the court may enter an ex parte 

order if the court is satisfied by specific facts set forth in an affidavit or verified 

pleading that irreparable injury, loss, or damage will result from the delay 

required to effect notice, or that notice itself will precipitate adverse action 

before an order can be issued.

(2) The moving party must arrange for the service of true copies of the ex parte 

order on the friend of the court and the other party.

(3) An ex parte order is effective upon entry and enforceable upon service.

(4) An ex parte order remains in effect until modified or superseded by a 

temporary or final order.

(5) An ex parte order providing for child support, custody, or visitation pursuant 

to MCL 722.27a, must include the following notice:

"Notice:

"1. You may file a written objection to this order or a motion to modify or 

rescind this order. You must file the written objection or motion with the 

clerk of the court within 14 days after you were served with this order. You 

must serve a true copy of the objection or motion on the friend of the court 

and the party who obtained the order.

"2. If you file a written objection, the friend of the court must try to resolve 

the dispute. If the friend of the court cannot resolve the dispute and if you 

wish to bring the matter before the court without the assistance of counsel, 

the friend of the court must provide you with form pleadings and written 

instructions and must schedule a hearing with the court.

"3. The ex parte order will automatically become a temporary order if you 

do not file a written objection or motion to modify or rescind the ex parte 

order and a request for a hearing. Even if an objection is filed, the ex parte 

order will remain in effect and must be obeyed unless changed by a later 

court order."

(6) In all other cases, the ex parte order must state that it will automatically 

become a temporary order if the other party does not file a written objection or 

motion to modify or rescind the ex parte order and a request for a hearing. The 

written objection or motion and the request for a hearing must be filed with the 

clerk of the court, and a true copy provided to the friend of the court and the 

other party, within 14 days after the order is served.

(a) If there is a timely objection or motion and a request for a hearing, the 

hearing must be held within 21 days after the objection or motion and 

request are filed.

(b) A change that occurs after the hearing may be made retroactive to the 

date the ex parte order was entered.

(7) The provisions of MCR 3.310 apply to temporary restraining orders in 

domestic relations cases.

(C) Temporary Orders.

(1) A request for a temporary order may be made at any time during the 

pendency of the case by filing a verified motion that sets forth facts sufficient to 

support the relief requested.

(2) A temporary order may not be issued without a hearing, unless the parties 

agree otherwise or fail to file a written objection or motion as provided in 

subrules (B)(5) and (6).

(3) A temporary order may be modified at any time during the pendency of the 

case, following a hearing and upon a showing of good cause.

(4) A temporary order must state its effective date and whether its provisions 

may be modified retroactively by a subsequent order.

(5) A temporary order remains in effect until modified or until the entry of the 

final judgment or order.

(6) A temporary order not yet satisfied is vacated by the entry of the final 

judgment or order, unless specifically continued or preserved. This does not 

apply to support arrearages that have been assigned to the state, which are 

preserved unless specifically waived or reduced by the final judgment or order.

Rule 3.208 Friend of the Court

(A) General. The friend of the court has the powers and duties prescribed by 

statute, including those duties in the Friend of the Court Act, MCL 552.501 et seq., 

and the Support and Visitation Enforcement Act, MCL 552.601 et seq.

(B) Enforcement. The friend of the court is responsible for initiating proceedings to 

enforce an order or judgment for support, visitation, or custody.

(1) If a party has failed to comply with an order or judgment, the friend of the 

court may petition for an order to show cause why the party should not be held 

in contempt.

(2) The order to show cause must be served personally or by ordinary mail at 

the party's last known address.

(3) The hearing on the order to show cause may be held no sooner than seven 

days after the order is served on the party. If service is by ordinary mail, the 

hearing may be held no sooner than nine days after the order is mailed.

(4) If the party fails to appear in response to the order to show cause, the court 

may issue an order for arrest.

(5) The relief available under this rule is in addition to any other relief available 

by statute.

(6) The friend of the court may petition for an order of arrest at any time, if 

immediate action is necessary.

(C) Allocation and Distribution of Payments.

(1) Except as otherwise provided in this subrule, all payments shall be allocated 

and distributed as required by the guidelines established by the state court 

administrator for that purpose.

(2) If the court determines that following the guidelines established by the state 

court administrator would produce an unjust result in a particular case, the 

court may order that payments be made in a different manner. The order must 

include specific findings of fact that set forth the basis for the court's decision, 

and must direct the payer to designate with each payment the name of the 

payer and the payee, the case number, the amount, and the date of the order 

that allows the special payment.

(3) If a payer with multiple cases makes a payment directly to the friend of the 

court rather than through income withholding, the payment shall be allocated 

among all the cases unless the payer requests a different allocation in writing at 

the time of payment and provides the following information about each case for 

which payment is intended:

(a) the name of the payer,

(b) the name of the payee,

(c) the case number, and 

(d) the amount designated for that case.

Rule 3.208 Friend of the Court

(A) General. The friend of the court has the powers and duties prescribed by 

statute, including those duties in the Friend of the Court Act, MCL 552.501 et seq., 

and the Support and Visitation Enforcement Act, MCL 552.601 et seq.

(B) Enforcement. The friend of the court is responsible for initiating proceedings to 

enforce an order or judgment for support, visitation, or custody.

(1) If a party has failed to comply with an order or judgment, the friend of the 

court may petition for an order to show cause why the party should not be held 

in contempt.

(2) The order to show cause must be served personally or by ordinary mail at 

the party's last known address.

(3) The hearing on the order to show cause may be held no sooner than seven 

days after the order is served on the party. If service is by ordinary mail, the 

hearing may be held no sooner than nine days after the order is mailed.

(4) If the party fails to appear in response to the order to show cause, the court 

may issue an order for arrest.

(5) The relief available under this rule is in addition to any other relief available 

by statute.

(6) The friend of the court may petition for an order of arrest at any time, if 

immediate action is necessary.

(C) Allocation and Distribution of Payments.

(1) Except as otherwise provided in this subrule, all payments shall be allocated 

and distributed as required by the guidelines established by the state court 

administrator for that purpose.

(2) If the court determines that following the guidelines established by the state 

court administrator would produce an unjust result in a particular case, the 

court may order that payments be made in a different manner. The order must 

include specific findings of fact that set forth the basis for the court's decision, 

and must direct the payer to designate with each payment the name of the 

payer and the payee, the case number, the amount, and the date of the order 

that allows the special payment.

(3) If a payer with multiple cases makes a payment directly to the friend of the 

court rather than through income withholding, the payment shall be allocated 

among all the cases unless the payer requests a different allocation in writing at 

the time of payment and provides the following information about each case for 

which payment is intended:

(a) the name of the payer,

(b) the name of the payee,

(c) the case number, and 

(d) the amount designated for that case.

(3) If a party is in default, proofs may not be taken unless the judgment fee 

has been deposited with the court clerk and the proposed judgment has been 

given to the court.

(4) If the court determines that the proposed judgment is inappropriate, the 

party who prepared it must, within 14 days, present a modified judgment in 

conformity with the court's opinion.

(5) If the court determines not to enter the judgment, the court must direct 

that the judgment fee be returned to the person who deposited it.

(C) Custody of a Minor.

(1) When the custody of a minor is contested, a hearing on the matter must be 

held within 56 days

(a) after the court orders, or

(b) after the filing of notice that a custody hearing is requested,

unless both parties agree to mediation under MCL 552.513 and mediation is 

unsuccessful, in which event the hearing must be held within 56 days after 

the final mediation session.

(2) If a custody action is assigned to a probate judge pursuant to MCL 722.26b, 

a hearing on the matter must be held by the probate judge within 56 days after 

the case is assigned.

(3) The court must enter a decision within 28 days after the hearing.

(4) The notice required by this subrule may be filed as a separate document, or 

may be included in another paper filed in the action if the notice is mentioned in 

the caption.

(5) The court may interview the child privately to determine if the child is of 

sufficient age to express a preference regarding custody, and, if so, the 

reasonable preference of the child. The court shall focus the interview on these 

determinations, and the information received shall be applied only to the 

reasonable preference factor. 

(6) If a report has been submitted by the friend of the court, the court must 

give the parties an opportunity to review the report and to file objections before 

a decision is entered.

(7) The court may extend for good cause the time within which a hearing must 

be held and a decision rendered under this subrule.

(8) In deciding whether an evidentiary hearing is necessary with regard to a 

postjudgment motion to change custody, the court must determine, by 

requiring an offer of proof or otherwise, whether there are contested factual 

issues that must be resolved in order for the court to make an informed 

decision on the motion.

(D) The court must make findings of fact as provided in MCR 2.517, except that

(1) findings of fact and conclusions of law are required on contested 

postjudgment motions to modify a final judgment or order, and

(2) the court may distribute pension, retirement, and other deferred 

compensation rights with a qualified domestic relations order, without first 

making a finding with regard to the value of those rights.

Rule 3.211 Judgments and Orders

(A) Each separate subject in a judgment or order must be set forth in a separate 

paragraph that is prefaced by an appropriate heading.

(B) A judgment of divorce, separate maintenance, or annulment must include

(1) the insurance and dower provisions required by MCL 552.101;

(2) a determination of the rights of the parties in pension, annuity, and 

retirement benefits, as required by MCL 552.101(4);

(3) a determination of the property rights of the parties; and

(4) a provision reserving or denying spousal support, if spousal support is not 

granted; a judgment silent with regard to spousal support reserves it.

(C) A judgment or order awarding custody of a minor must provide that

(1) the domicile or residence of the minor may not be moved from Michigan 

without the approval of the judge who awarded custody or the judge's 

successor,

(2) the person awarded custody must promptly notify the friend of the court in 

writing when the minor is moved to another address, and

(3) a parent whose custody or parenting time of a child is governed by the 

order shall not change the legal residence of the child except in compliance with 

section 11 of the Child Custody Act, MCL 722.31.

(D) Uniform Support Orders

(1) Any provisions regarding child support or spousal support must be prepared 

on the latest version of the Uniform Support Order drafted by the state court 

administrative office and approved by the Supreme Court. This order must 

accompany any judgment or order affecting child support or spousal support, 

and both documents must be signed by the judge. If only child support or 

spousal support is ordered, then only the Uniform Support Order must be 

submitted to the court for entry. The Uniform Support Order shall govern if the 

terms of the judgment or order conflict with the Uniform Support Order. 

(2) No judgment or order concerning a minor or a spouse shall be entered 

unless either:

(a) the final judgment or order incorporates by reference a Uniform Support 

Order, or

(b) the final judgment or order states that no Uniform Support Order is 

required because support is reserved or spousal support is not ordered.

(3) The clerk shall charge a single judgment entry fee when a Uniform Support 

Order is submitted for entry along with a judgment or order that incorporates it 

by reference.

(E) Unless otherwise ordered, all support arrearages owing to the state are 

preserved upon entry of a final order or judgment. Upon a showing of good cause 

and notice to the friend of the court, the prosecuting attorney, and other interested 

parties, the court may waive or reduce such arrearages.

(F) Entry of Judgment or Order

(1) Within 21 days after the court renders an opinion or the settlement 

agreement is placed on the record, the moving party must submit a judgment, 

order, or a motion to settle the judgment or order, unless the court has granted 

an extension.

(2) The party submitting the first temporary order awarding child custody, 

parenting time, or support and the party submitting any final proposed 

judgment awarding child custody, parenting time, or support must:

(a) serve the friend of the court office and, unless the court orders 

otherwise, all other parties, with a completed copy of the latest version of 

the state court administrative office's domestic relations Judgment 

Information Form, and 

(b) file a proof of service certifying that the Judgment Information Form has 

been provided to the friend of the court office and, unless the court orders 

otherwise, to all other parties.

(3) If the court modifies the proposed judgment or order before signing it, the 

party submitting the judgment or order must, within 7 days, submit a new 

Judgment Information Form if any of the information previously submitted 

changes as a result of the modification.

(4) Before it signs a judgment or order awarding child support or spousal 

support, the court must determine that:

(a) the party submitting the judgment or order has certified that the 

Judgment Information Form in subrule (F)(2) has been submitted to the 

friend of the court, and

(b) pursuant to subrule (D)(2) any judgment or order concerning a minor or 

a spouse is accompanied by a Uniform Support Order or explains why a 

Uniform Support Order is unnecessary.

(5) The Judgment Information Form must be filed in addition to the verified 

statement that is required by MCR 3.206.

(G) Friend of the Court Review. For all judgments and orders containing provisions 

identified in subrules (C), (D), (E), and (F), the court may require that the 

judgment or order be submitted to the friend of the court for review.

(H) Service of Judgment or Order.

(1) When a judgment or order is obtained for temporary or permanent spousal 

support, child support, or separate maintenance, the prevailing party must 

immediately deliver one copy to the court clerk. The court clerk must write or 

stamp "true copy" on the order or judgment and file it with the friend of the 

court.

(2) The party securing entry of a judgment or order that provides for child 

support or spousal support must serve a copy on the party ordered to pay the 

support, as provided in MCR 2.602(D)(1), even if that party is in default.

(3) The record of divorce and annulment required by MCL 333.2864 must be 

filed at the time of the filing of the judgment.

Rule 3.212 Postjudgment Transfer of Domestic Relations Cases

(A) Motion.

(1) A party, court-ordered custodian, or friend of the court may move for the 

postjudgment transfer of a domestic relations action in accordance with this 

rule, or the court may transfer such an action on its own motion. A transfer 

includes a change of venue and a transfer of all friend of the court 

responsibilities. The court may enter a consent order transferring a 

postjudgment domestic relations action, provided the conditions under subrule 

(B) are met.

(2) The postjudgment transfer of an action initiated pursuant to MCL 780.151 et 

seq., is controlled by MCR 3.214. 

(B) Conditions.

(1) A motion filed by a party or court-ordered custodian may be granted only if 

all of the following conditions are met:

(a) the transfer of the action is requested on the basis of the residence and 

convenience of the parties, or other good cause consistent with the best

interests of the child;

(b) neither party nor the court-ordered custodian has resided in the county 

of current jurisdiction for at least 6 months prior to the filing of the motion;

(c) at least one party or the court-ordered custodian has resided in the 

county to which the transfer is requested for at least 6 months prior to the 

filing of the motion; and

(d) the county to which the transfer is requested is not contiguous to the 

county of current jurisdiction.

(2) When the court or the friend of the court initiates a transfer, the conditions 

stated in subrule (B)(1) do not apply.

(C) Unless the court orders otherwise for good cause, if a friend of the court 

becomes aware of a more recent final judgment involving the same parties issued

in a different county, the friend of the court must initiate a transfer of the older 

case to the county in which the new judgment was entered if neither of the parents, 

any of their children who are affected by the judgment in the older case, nor 

another party  resides in the county in which the older case was filed. 

(D) Transfer Order.

(1) The court ordering a postjudgment transfer must enter all necessary orders 

pertaining to the certification and transfer of the action. The transferring court 

must send to the receiving court all court files and friend of the court files, 

ledgers, records, and documents that pertain to the action. Such materials may 

be used in the receiving jurisdiction in the same manner as in the transferring 

jurisdiction.

(2) The court may order that any past-due fees and costs be paid to the 

transferring friend of the court office at the time of transfer.

(3) The court may order that one or both of the parties or the court-ordered 

custodian pay the cost of the transfer.

(E) Filing Fee. An order transferring a case under this rule must provide that the 

party who moved for the transfer pay the statutory filing fee applicable to the court 

to which the action is transferred, except where MCR 2.002 applies. If the parties 

stipulate to the transfer of a case, they must share equally the cost of transfer 

unless the court orders otherwise. In either event, the transferring court must 

submit the filing fee to the court to which the action is transferred, at the time of 

transfer. If the court or the friend of the court initiates the transfer, the statutory 

filing fee is waived.

(F) Physical Transfer of Files. Court and friend of the court files must be transferred 

by registered or certified mail, return receipt requested, or by another secure 

method of transfer.

(G) Upon completion of the transfer, the transferee friend of the court must review 

the case and determine whether the case contains orders specific to the 

transferring court or county.  The friend of the court must take such action as is

necessary, which may include obtaining ex parte orders to transfer court- or 

county-specific actions to the transferee court.

Rule 3.213 Postjudgment Motions and Enforcement

Postjudgment motions in domestic relations actions are governed by MCR 2.119.

Rule 3.214 Actions Under Uniform Acts

(A) Governing Rules. Actions under the Revised Uniform Reciprocal Enforcement of 

Support Act (RURESA), MCL 780.151 et seq., the Uniform Interstate Family Support 

Act (UIFSA), MCL 552.1101 et seq., and the Uniform Child-Custody Jurisdiction and 

Enforcement Act (UCCJEA), MCL 722.1101 et seq., are governed by the rules 

applicable to other civil actions, except as otherwise provided by those acts and this 

rule.

(B) RURESA Actions.

(1) Definition. As used in this subrule, "support order" is defined by MCL 

780.153b(8).

(2) Transfer; Initiating and Responding RURESA Cases.

(a) If a Michigan court initiates a RURESA action and there exists in another 

Michigan court a prior valid support order, the initiating court must transfer 

to that other court any RURESA order entered in a responding state. The 

initiating court must inform the responding court of the transfer.

(b) If a court in another state initiates a RURESA action and there exists in 

Michigan a prior valid support order, the responsive proceeding should be 

commenced in the court that issued the prior valid support order. If the 

responsive proceeding is commenced erroneously in any other Michigan 

court and a RURESA order enters, that court, upon learning of the error, 

must transfer the RURESA order to the court that issued the prior valid 

support order. The transferring court must inform the initiating court of the 

transfer.

(c) A court ordering a transfer must send to the court that issued the prior 

valid support order all pertinent papers, including all court files and friend of 

the court files, ledgers, records, and documents.

(d) Court files and friend of the court files must be transferred by registered 

or certified mail, return receipt requested, or by other secure method.

(e) The friend of the court office that issued the prior valid support order 

must receive and disburse immediately all payments made by the obligor or 

sent by a responding state.

(C) Sending Notices in UIFSA cases. The friend of the court office shall send all 

notices and copies of orders required to be sent by the tribunal under MCL 

552.1101 et seq.

(D) Registration of Child Custody Determinations Under UCCJEA. The procedure for 

registration and enforcement of a child custody determination by the court of

another state is as provided in MCL 722.1304. There is no fee for the registration of 

such a determination.

Rule 3.215 Domestic Relations Referees

(A) Qualifications of Referees. A referee appointed pursuant to MCL 552.507(1) 

must be a member in good standing of the State Bar of Michigan. A non-attorney 

friend of the court who was serving as a referee when this rule took effect on May 

1, 1993, may continue to serve.

(B) Referrals to the Referee.

(1) The chief judge may, by administrative order, direct that specified types of 

domestic relations motions be heard initially by a referee.

(2) To the extent allowed by law, the judge to whom a domestic relations action 

is assigned may refer other motions in that action to a referee

(a) on written stipulation of the parties,

(b) on a party's motion, or

(c) on the judge's own initiative.

(3) In domestic relations matters, the judge to whom an action is assigned, or 

the chief judge by administrative order, may authorize referees to conduct 

settlement conferences and, subject to judicial review, scheduling conferences.

(C) Scheduling of the Referee Hearing.

(1) Within 14 days after receiving a motion referred under subrule (B)(1) or 

(B)(2), the referee must arrange for service of a notice scheduling a referee 

hearing on the attorneys for the parties, or on the parties if they are not 

represented by counsel. The notice of hearing must clearly state that the matter 

will be heard by a referee

(2) The referee may adjourn a hearing for good cause without preparing a 

recommendation for an order, except that if the adjournment is subject to any 

terms or conditions, the referee may only prepare a recommendation for an 

adjournment order to be signed by a judge.

(D) Conduct of Referee Hearings.

(1) The Michigan Rules of Evidence apply to referee hearings.

(2) A referee must provide the parties with notice of the right to request a 

judicial hearing by giving

(a) oral notice during the hearing, and

(b) written notice in the recommendation for an order.

(3) Testimony must be taken in person, except that, for a good cause, a referee 

may allow testimony to be taken by telephone or other electronically reliable 

means.

(4) An electronic or stenographic record must be kept of all hearings.

(a) The parties must be allowed to make contemporaneous copies of the 

record if the referee's recording equipment can make multiple copies 

simultaneously and if the parties supply the recording media. A recording 

made under this rule may be used solely to assist the parties during the 

proceeding recorded or, at the discretion of the trial judge, in any judicial 

hearing following an objection to the referee's recommended order; it may 

not be used publicly.

(b) If ordered by the court, or if stipulated by the parties, the referee must 

provide a transcript, verified by oath, of each hearing held. The cost of 

preparing a transcript must be apportioned equally between the parties, 

unless otherwise ordered by the court.

(c) At least 7 days before the judicial hearing, a party who intends to offer 

evidence from the record of the referee hearing must provide notice to the 

court and each other party. If a stenographic transcript is necessary, except 

as provided in subrule (4)(b), the party offering the evidence must pay for 

the transcript.

(d) If the court on its own motion uses the record of the referee hearing to 

limit the judicial hearing under subrule (F), the court must make the record 

available to the parties and must allow the parties to file supplemental 

objections within 7 days of the date the record is provided to the parties. 

Following the judicial hearing, the court may assess the costs of preparing a 

transcript of the referee hearing to one or more of the parties. This subrule 

does not apply when a party requests the court to limit the judicial hearing

under subrule (F) or when the court orders a transcript to resolve a dispute 

concerning what occurred at the referee hearing.

(E) Posthearing Procedures.

(1) Within 21 days after a hearing, the referee must either make a statement of 

findings on the record or submit a written, signed report containing a summary 

of testimony and a statement of findings. In either event, the referee must 

make a recommendation for an order and arrange for it to be submitted to the 

court and the attorneys for the parties, or the parties if they are not 

represented by counsel. A proof of service must be filed with the court.

(a) The referee must find facts specially and state separately the law the 

referee applied. Brief, definite, and pertinent findings and conclusions on 

the contested matters are sufficient, without overelaboration of detail or 

particularization of facts.

(b) The referee's recommended order must include:

(i) a signature line for the court to indicate its approval of the referee's 

recommended order;

(ii) notice that if the recommended order is approved by the court and 

no written objection is filed with the court clerk within 21 days after the 

recommended order is served, the recommended order will become the 

final order;

(iii) notice advising the parties of any interim effect the recommended 

order may have; and

(iv) prominent notice of all available methods for obtaining a judicial 

hearing.

(c) If the court approves the referee's recommended order, the 

recommended order must be served within 7 days of approval, or within 3 

days of approval if the recommended order is given interim effect, and a 

proof of service must be filed with the court. If the recommendation is 

approved by the court and no written objection is filed with the court clerk 

within 21 days after service, the recommended order will become a final 

order.

(2) If the hearing concerns income withholding, the referee must arrange for a 

recommended order to be submitted to the court forthwith. If the 

recommended order is approved by the court, it must be given immediate effect 

pursuant to MCL 552.607(4).

(3) The recommended order may be prepared using any of the following 

methods:

(a) the referee may draft a recommended order;

(b) the referee may approve a proposed recommended order prepared by a 

party and submitted to the referee at the conclusion of the referee hearing;

(c) within 7 days of the date of the referee's findings, a party may draft a 

proposed recommended order and have it approved by all the parties and 

the referee; or

(d) within 7 days after the conclusion of the referee hearing, a party may 

serve a copy of a proposed recommended order on all other parties with a 

notice to them that it will be submitted to the referee for approval if no 

written objections to its accuracy or completeness are filed with the court 

clerk within 7 days after service of the notice. The party must file with the 

court clerk the original of the proposed recommended order and proof of its 

service on the other parties.

(i) If no written objections are filed within 7 days, the clerk shall submit 

the proposed recommended order to the referee for approval. If the 

referee does not approve the proposed recommended order, the referee 

may notify the parties to appear on a specified date for settlement of 

the matter.

(ii) To object to the accuracy or completeness of a proposed 

recommended order, the party must within 7 days after service of the 

proposed order, file written objections with the court clerk that state 

with specificity the inaccuracy or omission in the proposed 

recommended order, and serve the objections on all parties as required 

by MCR 2.107, together with a notice of hearing and an alternative 

proposed recommended order. Upon conclusion of the hearing, the 

referee shall sign the appropriate recommended order.

(4) A party may obtain a judicial hearing on any matter that has been the 

subject of a referee hearing and that resulted in a statement of findings and a 

recommended order by filing a written objection and notice of hearing within 21 

days after the referee's recommendation for an order is served on the attorneys 

for the parties, or the parties if they are not represented by counsel. The 

objection must include a clear and concise statement of the specific findings or 

application of law to which an objection is made. Objections regarding the 

accuracy or completeness of the recommendation must state with specificity the 

inaccuracy or omission.

(5) The party who requests a judicial hearing must serve the objection and 

notice of hearing on the opposing party or counsel in the manner provided in 

MCR 2.119(C).

(6) A circuit court may, by local administrative order, establish additional 

methods for obtaining a judicial hearing.

(7) The court may hear a party's objection to the referee's recommendation for 

an order on the same day as the referee hearing, provided that the notice 

scheduling the referee hearing advises the parties that a same-day judicial 

hearing will be available and the parties have the option of refusing a same-day 

hearing if they have not yet decided whether they will object to the referee's 

recommendation for an order.

(8) The parties may waive their right to object to the referee's recommendation 

for an order by consenting in writing to the immediate entry of the 

recommended order.

(F) Judicial Hearings.

(1) The judicial hearing must be held within 21 days after the written objection 

is filed, unless the time is extended by the court for good cause.

(2) To the extent allowed by law, the court may conduct the judicial hearing by 

review of the record of the referee hearing, but the court must allow the parties 

to present live evidence at the judicial hearing. The court may, in its discretion:

(a) prohibit a party from presenting evidence on findings of fact to which no 

objection was filed;

(b) determine that the referee's finding was conclusive as to a fact to which 

no objection was filed;

(c) prohibit a party from introducing new evidence or calling new witnesses 

unless there is an adequate showing that the evidence was not available at 

the referee hearing;

(d) impose any other reasonable restrictions and conditions to conserve the 

resources of the parties and the court.

(3) If the court determines that an objection is frivolous or has been interposed 

for the purpose of delay, the court may assess reasonable costs and attorney 

fees.

(G) Interim Effect for Referee's Recommendation for an Order.

(1) Except as limited by subrules (G)(2) and (G)(3), the court may, by an 

administrative order or by an order in the case, provide that the referee's 

recommended order will take effect on an interim basis pending a judicial 

hearing. The court must provide notice that the referee's recommended order 

will be an interim order by including that notice under a separate heading in the 

referee's recommended order, or by an order adopting the referee's 

recommended order as an interim order.

(2) The court may not give interim effect to a referee's recommendation for any 

of the following orders:

(a) An order for incarceration;

(b) An order for forfeiture of any property;

(c) An order imposing costs, fines, or other sanctions.

(3) The court may not, by administrative order, give interim effect to a referee's 

recommendation for the following types of orders:

(a) An order under subrule (G)(2);

(b) An order that changes a child's custody;

(c) An order that changes a child's domicile;

(d) An order that would render subsequent judicial consideration of the 

matter moot.

Rule 3.216 Domestic Relations Mediation

(A) Scope and Applicability of Rule, Definitions. 

(1) All domestic relations cases, as defined in MCL 552.502(l), are subject to 

mediation under this rule, unless otherwise provided by statute or court rule.

(2) Domestic relations mediation is a nonbinding process in which a neutral 

third party facilitates communication between parties to promote settlement. If 

the parties so request, and the mediator agrees to do so, the mediator may 

provide a written recommendation for settlement of any issues that remain 

unresolved at the conclusion of a mediation proceeding. This procedure, known 

as evaluative mediation, is governed by subrule (I).

(3) This rule does not restrict the Friend of the Court from enforcing custody, 

parenting time, and support orders.

(4) The court may order, on stipulation of the parties, the use of other 

settlement procedures.

(B) Mediation Plan. Each trial court that submits domestic relations cases to 

mediation under this rule shall include in its alternative dispute resolution plan 

adopted under MCR 2.410(B) provisions governing selection of domestic relations 

mediators, and for providing parties with information about mediation in the family 

division as soon as reasonably practical.

(C) Referral to Mediation.

(1) On written stipulation of the parties, on written motion of a party, or on the 

court's initiative, the court may submit to mediation by written order any 

contested issue in a domestic relations case, including postjudgment matters.

(2) The court may not submit contested issues to evaluative mediation unless 

all parties so request.

(3) Parties who are subject to a personal protection order or who are involved 

in a child abuse and neglect proceeding may not be referred to mediation 

without a hearing to determine whether mediation is appropriate.

(D) Objections to Referral to Mediation.

(1) To object to mediation, a party must file a written motion to remove the 

case from mediation and a notice of hearing of the motion, and serve a copy on 

the attorneys of record within 14 days after receiving notice of the order 

assigning the action to mediation. The motion must be set for hearing within 14 

days after it is filed, unless the hearing is adjourned by agreement of counsel or 

unless the court orders otherwise.

(2) A timely motion must be heard before the case is mediated.

(3) Cases may be exempt from mediation on the basis of the following:

(a) child abuse or neglect;

(b) domestic abuse, unless attorneys for both parties will be present at the 

mediation session;

(c) inability of one or both parties to negotiate for themselves at the 

mediation, unless attorneys for both parties will be present at the mediation 

session;

(d) reason to believe that one or both parties' health or safety would be 

endangered by mediation; or

(e) for other good cause shown.

(E) Selection of Mediator.

(1) Domestic relations mediation will be conducted by a mediator selected as 

provided in this subrule.

(2) The parties may stipulate to the selection of a mediator. A mediator 

selected by agreement of the parties need not meet the qualifications set forth 

in subrule (G). The court must appoint a mediator stipulated to by the parties, 

provided the mediator is willing to serve within a period that would not interfere 

with the court's scheduling of the case for trial.

(3) If the parties have not stipulated to a mediator, the parties must indicate 

whether they prefer a mediator who is willing to conduct evaluative mediation. 

Failure to indicate a preference will be treated as not requesting evaluative 

mediation.

(4) If the parties have not stipulated to a mediator, the judge may recommend, 

but not appoint one. If the judge does not make a recommendation, or if the 

recommendation is not accepted by the parties, the ADR clerk will assign a 

mediator from the list of qualified mediators maintained under subrule (F). The 

assignment shall be made on a rotational basis, except that if the parties have 

requested evaluative mediation, only a mediator who is willing to provide an 

evaluation may be assigned.

(5) The rule for disqualification of a mediator is the same as that provided in 

MCR 2.003 for the disqualification of a judge. The mediator must promptly 

disclose any potential basis for disqualification.

(F) List of Mediators.

(1) Application. An eligible person desiring to serve as a domestic relations 

mediator may apply to the ADR clerk to be placed on the court's list of 

mediators. Application forms shall be available in the office of the ADR clerk.

(a) The form shall include a certification that

(i) the applicant meets the requirements for service under the court's 

selection plan;

(ii) the applicant will not discriminate against parties or attorneys on the 

basis of race, ethnic origin, gender, or other protected personal 

characteristic; and

(iii) the mediator will comply with the court's ADR plan, orders of the 

court regarding cases submitted to mediation, and the standards of 

conduct adopted by the State Court Administrator under subrule (K).

(b) The applicant shall indicate on the form whether the applicant is willing 

to offer evaluative mediation, and the applicant's hourly rate for providing 

mediation services.

(c) The form shall include an optional section identifying the applicant's 

gender and racial/ethnic background; however, this section shall not be 

made available to the public.

(2) Review of Applications. The court's ADR plan shall provide for a person or 

committee to review applications annually, or more frequently if appropriate, 

and compile a list of qualified mediators.

(a) Persons meeting the qualifications specified in this rule shall be placed 

on the list of approved mediators. Approved mediators shall be placed on 

the list for a fixed period, not to exceed 5 years, and must reapply at the 

end of that time in the same manner as persons seeking to be added to the 

list.

(b) Selections shall be made without regard to race, ethnic origin, or 

gender. Residency or principal place of business may not be a qualification.

(c) The approved list and the applications of approved mediators, except for 

the optional section identifying the applicant's gender and racial/ethnic 

background, shall be available to the public in the office of the ADR clerk.

(3) Rejection; Reconsideration. Applicants who are not placed on the list shall 

be notified of that decision. Within 21 days of notification of the decision to 

reject an application, the applicant may seek reconsideration of the ADR clerk's 

decision by the presiding judge of the family division. The court does not need 

to provide a hearing. Documents considered in the initial review process shall 

be retained for at least the period during which the applicant can seek 

reconsideration of the original decision.

(4) Removal from List. The ADR clerk may remove from the list mediators who 

have demonstrated incompetence, bias, made themselves consistently 

unavailable to serve as a mediator, or for other just cause. Within 21 days of 

notification of the decision to remove a mediator from the list, the mediator 

may seek reconsideration of the ADR clerk's decision by the presiding judge of 

the family division. The court does not need to provide a hearing.

(G) Qualification of Mediators.

(1) To be eligible to serve as a domestic relations mediator under this rule, an 

applicant must meet the following minimum qualifications:

(a) The applicant must

(i) be a licensed attorney, a licensed or limited licensed psychologist, a 

licensed professional counselor, or a licensed marriage and family 

therapist;

(ii) have a masters degree in counseling, social work, or marriage and 

family therapy;

(iii) have a graduate degree in a behavioral science; or

(iv) have 5 years experience in family counseling.

(b) The applicant must have completed a training program approved by the 

State Court Administrator providing the generally accepted components of 

domestic relations mediation skills.

(c) The applicant must have observed two domestic relations mediation 

proceedings conducted by an approved mediator, and have conducted one 

domestic relations mediation to conclusion under the supervision and 

observation of an approved mediator.

(2) An applicant who has specialized experience or training, but does not meet 

the specific requirements of subrule (G)(1), may apply to the ADR clerk for 

special approval. The ADR clerk shall make the determination on the basis of 

criteria provided by the State Court Administrator.

(3) Approved mediators are required to obtain 8 hours of advanced mediation 

training during each 2-year period. Failure to submit documentation 

establishing compliance is grounds for removal from the list under 

subrule(F)(4).

(4) Additional qualifications may not be imposed upon mediators.

(H) Mediation Procedure.

(1) The mediator must schedule a mediation session within a reasonable time 

at a location accessible by the parties.

(2) A mediator may require that no later than 3 business days before the 

mediation session, each party submit to the mediator, and serve on the 

opposing party, a mediation summary that provides the following information, 

where relevant:

(a) the facts and circumstances of the case;

(b) the issues in dispute;

(c) a description of the marital assets and their estimated value, where such 

information is appropriate and reasonably ascertainable;

(d) the income and expenses of the parties;

(e) a proposed settlement; and

(f) such documentary evidence as may be available to substantiate 

information contained in the summary.

Failure to submit these materials to the mediator within the designated time 

may subject the offending party to sanctions imposed by the court.

(3) The parties must attend the mediation session in person unless excused by 

the mediator.

(4) Except for legal counsel, the parties may not bring other persons to the 

mediation session, whether expert or lay witnesses, unless permission is first 

obtained from the mediator, after notice to opposing counsel. If the mediator 

believes it would be helpful to the settlement of the case, the mediator may 

request information or assistance from third persons at the time of the 

mediation session.

(5) The mediator shall discuss with the parties and counsel, if any, the facts 

and issues involved. The mediation will continue until a settlement is reached, 

the mediator determines that a settlement is not likely to be reached, the end 

of the first mediation session, or until a time agreed to by the parties.

(6) Within 7 days of the completion of mediation, the mediator shall so advise 

the court, stating only the date of completion of the process, who participated 

in the mediation, whether settlement was reached, and whether further ADR 

proceedings are contemplated. If an evaluation will be made under subrule (I), 

the mediator may delay reporting to the court until completion of the evaluation 

process.

(7) If a settlement is reached as a result of the mediation, to be binding, the 

terms of that settlement must be reduced to a signed writing by the parties or 

acknowledged by the parties on an audio or video recording. After a settlement 

has been reached, the parties shall take steps necessary to enter judgment as 

in the case of other settlements.

(8) Confidentiality in the mediation process is governed by MCR 2.412.

(I) Evaluative Mediation.

(1) This subrule applies if the parties requested evaluative mediation, or if they 

do so at the conclusion of mediation and the mediator is willing to provide an 

evaluation.

(2) If a settlement is not reached during mediation, the mediator, within a 

reasonable period after the conclusion of mediation shall prepare a written 

report to the parties setting forth the mediator's proposed recommendation for 

settlement purposes only. The mediator's recommendation shall be submitted 

to the parties of record only and may not be submitted or made available to the 

court.

(3) If both parties accept the mediator's recommendation in full, the attorneys 

shall proceed to have a judgment entered in conformity with the 

recommendation.

(4) If the mediator's recommendation is not accepted in full by both parties and 

the parties are unable to reach an agreement as to the remaining contested 

issues, mediator shall report to the court under subrule (H)(6), and the case 

shall proceed toward trial.

(5) A court may not impose sanctions against either party for rejecting the 

mediator's recommendation. The court may not inquire and neither the parties 

nor the mediator may inform the court of the identity of the party or parties 

who rejected the mediator's recommendation.

(6) The mediator's report and recommendation may not be read by the court 

and may not be admitted into evidence or relied upon by the court as evidence 

of any of the information contained in it without the consent of both parties. 

The court shall not request the parties' consent to read the mediator's 

recommendation.

(J) Fees.

(1) A mediator is entitled to reasonable compensation based on an hourly rate 

commensurate with the mediator's experience and usual charges for services 

performed.

(2) Before mediation, the parties shall agree in writing that each shall pay onehalf of the mediator's fee no later than:

(a) 42 days after the mediation process is concluded or the service of the 

mediator's report and recommendation under subrule (I)(2), or

(b) the entry of judgment, or

(c) the dismissal of the action,

whichever occurs first. If the court finds that some other allocation of fees is 

appropriate, given the economic circumstances of the parties, the court may 

order that one of the parties pay more than one-half of the fee.

(3) If acceptable to the mediator, the court may order an arrangement for the 

payment of the mediator's fee other than that provided in subrule (J)(2).

(4) The mediator's fee is deemed a cost of the action, and the court may make 

an appropriate judgment under MCL 552.13(1) to enforce the payment of the 

fee.

(5) In the event either party objects to the total fee of the mediator, the matter 

may be scheduled before the trial judge for determination of the 

reasonableness of the fee.

(K) Standards of Conduct. The State Court Administrator shall develop and approve 

standards of conduct for domestic relations mediators designed to promote 

honesty, integrity, and impartiality in providing court-connected dispute resolution 

services. These standards shall be made a part of all training and educational 

requirements for court-connected programs, shall be provided to all mediators 

involved in court-connected programs, and shall be available to the public.

Rule 3.217 Actions Under the Paternity Act

(A) Governing Law. Procedure in actions under the Paternity Act, MCL 722.711 et 

seq. is governed by the rules applicable to other civil actions except as otherwise 

provided by this rule and the act.

(B) Blood or Tissue Typing Tests. A petition for blood or tissue typing tests under 

MCL 722.716 must be filed at or before the pretrial conference or, if a pretrial 

conference is not held, within the time specified by the court. Failure to timely 

petition waives the right to such tests, unless the court, in the interest of justice, 

permits a petition at a later time.

(C) Advice Regarding Right to an Attorney.

(1) The summons issued under MCL 722.714 must include a form advising the 

alleged father of the right to an attorney as described in subrule (C)(2), and the 

procedure for requesting the appointment of an attorney. The form must be 

served with the summons and the complaint, and the proof of service must so 

indicate.

(2) If the alleged father appears in court following the issuance of a summons 

under MCL 722.714, the court must personally advise him that he is entitled to 

the assistance of an attorney, and that the court will appoint an attorney at 

public expense, at his request, if he is financially unable to retain an attorney of 

his choice.

(3) If the alleged father indicates that he wants to proceed without an attorney, 

the record must affirmatively show that he was given the advice required by 

subrule (C)(2) and that he waived the right to counsel.

(4) If the alleged father does not appear in court following the issuance of a 

summons under MCL 722.714, subrule (C)(3) does not apply.

(D) Visitation Rights of Noncustodial Parent.

(1) On the petition of either party, the court may provide in the order of filiation 

for such reasonable visitation by the noncustodial parent as the court deems 

justified and in the best interests of the child.

(2) Absent a petition from either party, the right of reasonable visitation is 

reserved.

Rule 3.218 Access to Friend of the Court Records

(A) General Definitions. When used in this subrule, unless the context indicates 

otherwise,

(1) "records" means paper files, computer files, microfilm, microfiche, audio 

tape, video tape, and photographs;

(2) "access" means inspection of records, obtaining copies of records upon 

receipt of payment for costs of reproduction, and oral transmission by staff of 

information contained in friend of the court records;

(3) "confidential information" means

(a) staff notes from investigations, mediation sessions, and settlement 

conferences;

(b) Family Independence Agency protective services reports;

(c) formal mediation records;

(d) communications from minors;

(e) friend of the court grievances filed by the opposing party and the 

responses;

(f) a party's address or any other information if release is prohibited by a 

court order;

(g) except as provided in MCR 3.219, any information for which a privilege 

could be claimed, or that was provided by a governmental agency subject 

to the express written condition that it remain confidential; and

(h) all information classified as confidential by the laws and regulations of 

title IV, part D of the Social Security Act, 42 USC 651 et seq.

(B) A party, third-party custodian, guardian, guardian ad litem or counsel for a 

minor, lawyer-guardian ad litem, and an attorney of record must be given access to 

friend of the court records related to the case, other than confidential information.

(C) A citizen advisory committee established under the Friend of the Court Act, MCL 

552.501 et seq.,

(1) shall be given access to a grievance filed with the friend of the court, and to 

information related to the case, other than confidential information;

(2) may be given access to confidential information related to a grievance if the 

court so orders, upon clear demonstration by the committee that the 

information is necessary to the performance of its duties and that the release 

will not impair the rights of a party or the well-being of a child involved in the 

case.

When a citizen advisory committee requests information that may be 

confidential, the friend of the court shall notify the parties of the request and 

that they have 14 days from the date the notice was mailed to file a written 

response with the court. If the court grants access to the information, it may 

impose such terms and conditions as it determines are appropriate to protect

the rights of a party or the well-being of a child.

(D) Protective services personnel from the Family Independence Agency must be 

given access to friend of the court records related to the investigation of alleged 

abuse and neglect.

(E) The prosecuting attorney and personnel from the Office of Child Support and 

the Family Independence Agency must be given access to friend of the court 

records required to perform the functions required by title IV, part D of the Social 

Security Act, 42 USC 651 et seq.

(F) Auditors from state and federal agencies must be given access to friend of the 

court records required to perform their audit functions.

(G) Any person who is denied access to friend of the court records or confidential 

information may file a motion for an order of access with the judge assigned to the 

case or, if none, the chief judge.

(H) A court, by administrative order adopted pursuant to MCR 8.112(B), may make 

reasonable regulations necessary to protect friend of the court records and to 

prevent excessive and unreasonable interference with the discharge of friend of the 

court functions.

Rule 3.219 Dissemination of a Professional Report

If there is a dispute involving custody, visitation, or change of domicile, and the 

court uses a community resource to assist its determination, the court must assure 

that copies of the written findings and recommendations of the resource are 

provided to the friend of the court and to the attorneys of record for the parties, or 

the parties if they are not represented by counsel. The attorneys for the parties, or 

the parties if they are not represented by counsel, may file objections to the report 

before a decision is made.

Rule 3.221 Hearings on Support and Parenting Time Enforcement Act 

Bench Warrants

(A) Definitions.

(1) Unless the context indicates otherwise, the term "bond" means the 

performance bond required by MCL 552.631.

(2) The term "cash" means money or the equivalent of money, such as a 

money order, cashier's check, or negotiable check or a payment by debit or 

credit card, which equivalent is accepted as cash by the agency accepting the 

payment.

(3) Unless the context indicates otherwise, the term "person," when used in this 

rule, means a party who has been arrested on a bench warrant issued pursuant 

to MCL 552.631.

(B) Hearing on the Merits. The court shall hold a hearing in connection with the 

matter in which the warrant was issued within 21 days of the date of arrest. Except 

as provided in this rule, a person who does not post a bond, within 48 hours of 

arrest excluding weekends and holidays, shall be brought before the court that 

issued the warrant for further proceedings on the matter in which the warrant was 

issued. The hearing may be adjourned when necessary to give notice of the 

proceedings to another party or to receive additional evidence. In the event the 

hearing is adjourned, the court shall set terms of release under subrule (F). Failure 

to hold a hearing within 21 days will not deprive the court of jurisdiction to proceed.

(C) Bond Review Hearing. A person who has not posted a bond, and whose case 

cannot be heard as provided in subrule (B), must without unnecessary delay be 

brought before a judge, magistrate, or referee for a review of the bond.

(D) Place of Bond Review Hearing. Except as otherwise provided in this subrule, a 

bond review hearing under subrule (E) must be held in the circuit court specified in 

the warrant. If a person is arrested in a circuit other than the one specified in the 

warrant, the arresting agency must make arrangements to assure that the person 

is promptly transported to the court specified in the warrant for a hearing in 

accordance with the provisions of this rule. If prompt transportation cannot be 

arranged, the bond review hearing must be held in the jurisdiction in which the 

individual is being held.

(E) Conduct of Bond Review Hearing. At the bond review hearing, the person must 

be advised of the purpose of the hearing on the merits and a determination must 

be made of what form of prehearing release is appropriate. A verbatim record must

be made of the bond review hearing. Pending the hearing required under subrule 

(B), the person must be released on conditions under subrule (F). 

(F) Conditional Release. The person must be released on condition that the person 

will appear for a hearing under subrule (B) and any other conditions that are 

appropriate to ensure that the person will appear as required for a hearing under 

subrule (B), including requiring the person to:

(1) make reports to a court agency as required by the court or the agency;

(2) comply with restrictions on personal associations, place of residence, place 

of employment, or travel;

(3) surrender driver's license or passport;

(4) comply with a specified curfew;

(5) continue or seek employment or participate in a work program;

(6) continue or begin an educational program;

(7) remain in the custody of a responsible member of the community who 

agrees to monitor the person and report any violation of any release condition 

to the court;

(8) post a bond as described in subrule (G).

In the event the person cannot satisfy a condition of release, the arresting agency 

must make arrangements with the authorities in the county of the court specified in 

the warrant to have the person promptly transported to that county for a hearing in 

accordance with the provisions of this rule.

(G) Performance Bond Modification. If it is determined for reasons stated on the 

record that the person's appearance cannot otherwise be assured, the person, in 

addition to any conditions described in subrule (F), may be required to post a bond 

at the person's option, executed:

(1) by the person, or by another who is not a licensed surety, and secured by a 

cash deposit for the full bond amount, or

(2) by a surety approved by the court.

(H) Decision; Statement of Reasons.

(1) In deciding what terms and conditions to impose under subrule (F), relevant 

information, including the following shall be considered:

(a) the person's record for reporting information to the friend of the court 

and complying with court orders;

(b) the person's record of appearance or nonappearance at court 

proceedings;

(c) the person's history of substance abuse or addiction;

(d) the amount of support owed;

(e) the person's employment status and history and financial history insofar 

as these factors relate to the ability to post bond;

(f) the availability of responsible members of the community who would 

vouch for or monitor the person;

(g) facts indicating the person's ties to the community, including family ties 

and relationships, and length of residence; and

(h) any other facts bearing on the risk of nonappearance.

(2) The reasons for requiring a bond under subrule (F), must be stated on the 

record. A finding on each of the enumerated factors is not necessary.

(3) Nothing in this rule may be construed to sanction the determination of 

prehearing release on the basis of race, religion, gender, economic status, or 

other impermissible criteria.

(I) Review; Modification of Release Decision.

(1) Review. A party seeking review of a release decision may file a motion in 

the court having appellate jurisdiction over the decision maker. If the decision 

was made by a magistrate or referee, a party is entitled to a new hearing. 

Otherwise, the reviewing court may not stay, vacate, modify, or reverse the 

release decision except on finding an abuse of discretion. 

(2) Emergency Release. If a person is ordered released from custody as a result 

of a court order or law requiring the release of prisoners to relieve jail 

conditions, the court ordering the release shall impose conditions of release in 

accordance with this rule to ensure the appearance of the individual as 

required. If such conditions of release are imposed, the court must inform the 

person of the conditions on the record or by furnishing to the person or the 

person's lawyer a copy of the release order setting forth the conditions.

(J) Termination of Release Order.

(1) After a bond is set pursuant to subrule (G), if the person appears for the 

hearing in subrule (B) the court must vacate the release order, discharge a 

third party who has posted the bond, and return the cash posted in the full 

amount of a bond. At the court's discretion, an arrested person who has 

deposited money with the court may be required to forfeit all or a portion of the 

amount to pay support, fines, fees, costs, and sanctions. 

(2) If the person fails to comply with any conditions of release, the court that 

issued the original bench warrant may issue a new bench warrant for the 

person's arrest and enter an order revoking the release order and declaring the 

bond, if any, forfeited. 

(a) The court must mail notice of any revocation order immediately to the 

person at the person's last known address and, if forfeiture of bond has 

been ordered, to anyone who posted bond. 

(b) If the person does not appear and surrender to the court within 28 days 

after the revocation date or does not within the period satisfy the court that 

there was compliance with the conditions of release or that compliance was 

impossible through no fault of the person, the court may continue the 

revocation order and enter judgment forfeiting the bond against the

individual and anyone who posted bond for the entire amount of the bond 

and costs of the court proceedings and costs associated with the arrest. 

(K) Plan for Remote Bond Review Hearings. In each county, the court with trial 

jurisdiction over friend of the court cases must adopt and file with the State Court 

Administrator a plan for conducting bond review hearings on bench warrants issued 

as a result of a show cause hearing when the person is arrested in another county 

and cannot be transported immediately. The plan shall provide for the use of 

available technology for a person's appearance and the transmission and 

presentation of evidence in hearings under this rule. 

Rule 3.301 Extraordinary Writs in General

(A) Applicability and Scope of Rules.

(1) A civil action or appropriate motion in a pending action may be brought to 

obtain

(a) superintending control,

(b) habeas corpus,

(c) mandamus, or

(d) quo warranto.

Unless a particular rule or statute specifically provides otherwise, an original 

action may not be commenced in the Supreme Court or the Court of Appeals if 

the circuit court would have jurisdiction of an action seeking that relief.

(2) These special rules govern the procedure for seeking the writs or relief 

formerly obtained by the writs, whether the right to relief is created by statute 

or common law. If the right to relief is created by statute, the limitations on 

relief in the statute apply, as well as the limitations on relief in these rules.

(3) The general rules of procedure apply except as otherwise provided in this 

subchapter.

(B) Joinder of Claims. More than one kind of writ may be sought in an action either 

as an independent claim or as an alternative claim. Subject to MCR 2.203, other 

claims may be joined in an action for a writ or writs.

(C) Process; Service of Writs. Process must be issued and served as in other civil 

actions. However, if a writ, order, or order to show cause is issued before service of 

process, then service of the writ, order, or order to show cause in the manner 

prescribed in MCR 2.105, accompanied by a copy of the complaint, makes service 

of other process unnecessary.

(D) Assignment for Trial. Actions brought under these special rules may be given 

precedence under MCR 2.501(B).

(E) Records. The action taken on applications for writs or orders to show cause 

must be noted in court records in the same manner as actions taken in other civil 

actions.

(F) No Automatic Stay. The automatic stay provisions of MCR 2.614(A) do not apply 

to judgments in actions brought under this subchapter.

(G) Procedure Where Relief Is Sought in Supreme Court or Court of Appeals.

(1) MCR 7.304 applies to original proceedings brought in the Supreme Court to 

obtain relief under this subchapter.

(2) MCR 7.206 applies to original proceedings brought in the Court of Appeals 

to obtain relief under this subchapter.

Rule 3.302 Superintending Control

(A) Scope. A superintending control order enforces the superintending control 

power of a court over lower courts or tribunals.

(B) Policy Concerning Use. If another adequate remedy is available to the party 

seeking the order, a complaint for superintending control may not be filed. See 

subrule (D)(2), and MCR 7.101(A)(2), and 7.304(A).

(C) Writs Superseded. A superintending control order replaces the writs of certiorari 

and prohibition and the writ of mandamus when directed to a lower court or 

tribunal.

(D) Jurisdiction.

(1) The Supreme Court, the Court of Appeals, and the circuit court have 

jurisdiction to issue superintending control orders to lower courts or tribunals. 

In this rule the term "circuit court" includes the Recorder's Court of the City of 

Detroit as to superintending control actions of which that court has jurisdiction.

(2) When an appeal in the Supreme Court, the Court of Appeals, the circuit 

court, or the recorder's court is available, that method of review must be used. 

If superintending control is sought and an appeal is available, the complaint for 

superintending control must be dismissed.

(E) Procedure for Superintending Control in Circuit Court.

(1) Complaint. A person seeking superintending control in the circuit court must 

file a complaint with the court. Only the plaintiff's name may appear in the title 

of the action (for example, In re Smith). The plaintiff must serve a copy of the 

complaint on the court or tribunal over which superintending control is sought. 

If the superintending control action arises out of a particular action, a copy of 

the complaint must also be served on each other party to the proceeding in that 

court or tribunal. 

(2) Answer. Anyone served under subrule (E)(1) may file an answer within 21 

days after the complaint is served.

(3) Issuance of Order; Dismissal.

(a) After the filing of a complaint and answer or, if no answer is filed, after 

expiration of the time for filing an answer, the court may

(i) issue an order to show cause why the order requested should not be 

issued,

(ii) issue the order requested, or

(iii) dismiss the complaint.

(b) If a need for immediate action is shown, the court may enter an order 

before an answer is filed.

(c) The court may require in an order to show cause that additional records 

and papers be filed.

(d) An order to show cause must specify the date for hearing the complaint.

Rule 3.303 Habeas Corpus to Inquire Into Cause of Detention

(A) Jurisdiction and Venue; Persons Detained on Criminal Charges.

(1) An action for habeas corpus to inquire into the cause of detention of a 

person may be brought in any court of record except the probate court.

(2) The action must be brought in the county in which the prisoner is detained. 

If it is shown that there is no judge in that county empowered and available to 

issue the writ or that the judicial circuit for that county has refused to issue the 

writ, the action may be brought in the Court of Appeals.

(3) A prisoner detained in a county jail for a criminal charge, who has not been 

sentenced to detention by a court of competent jurisdiction, may be removed 

from detention by a writ of habeas corpus to inquire into the cause of detention 

only if the writ is issued by the court in which the prisoner would next appear if 

the criminal process against the prisoner continued, or by the judicial circuit for 

the county in which the prisoner is detained. This subrule does not limit the 

power of the Court of Appeals or Supreme Court to issue the writ.

(B) Who May Bring. An action for habeas corpus may be brought by the prisoner or 

by another person on the prisoner's behalf.

(C) Complaint. The complaint must state:

(1) that the person on whose behalf the writ is applied for (the prisoner) is 

restrained of his or her liberty;

(2) the name, if known, or the description of the prisoner;

(3) the name, if known, or the description of the officer or person by whom the 

prisoner is restrained;

(4) the place of restraint, if known;

(5) that the action for habeas corpus by or on behalf of the prisoner is not 

prohibited;

(6) the cause or pretense of the restraint, according to the plaintiff's best 

knowledge and belief; and

(7) why the restraint is illegal.

(D) Issuance of the Writ or Order to Show Cause.

(1) On the filing of the complaint, the court may issue

(a) a writ of habeas corpus directed to the person having custody of the 

prisoner, or that person's superior, ordering him or her to bring the prisoner 

before the court forthwith; or

(b) an order to show cause why the writ should not be issued, unless it 

appears that the prisoner is not entitled to relief.

(2) On the showing required by MCL 600.4337, the court may issue a warrant 

in lieu of habeas corpus.

(3) Duplicate original writs may be issued.

(E) Certification of Record. When proceedings in another court or agency are 

pertinent to a determination of the issue raised in a habeas corpus action, the court 

may order the transcript of the record and proceedings certified to the court within 

a specified time. The order must identify the records to be certified with sufficient 

specificity to allow them to be located.

(F) Issuance Without Application or Before Filing.

(1) A judge of a court of record, except the probate court, may issue a writ of 

habeas corpus or order to show cause if

(a) the judge learns that a person within the judge's jurisdiction is illegally 

restrained, or

(b) an application is presented to the judge before or after normal court 

hours.

(2) If the prisoner is being held on criminal charges, the writ or order may only 

be issued by a judge of a court authorized to issue a writ of habeas corpus 

under subrule (A)(3).

(3) If a complaint is presented to a judge under the provisions of subrule 

(F)(1)(b), it need not be filed with the court before the issuance of a writ of 

habeas corpus. The complaint must subsequently be filed with the court 

whether or not the writ is granted.

(G) Endorsement of Allowance of Writ. Every writ issued must be endorsed with a 

certificate of its allowance and the date of the allowance. The endorsement must be 

signed by the judge issuing the writ, or, if the writ is issued by a panel of more than 

1 judge, by a judge of the court.

(H) Form of Writ. A writ of habeas corpus must be substantially in the form 

approved by the state court administrator.

(I) Service of Writ.

(1) Person to be Served. The writ or order to show cause must be served on the 

defendant in the manner prescribed in MCR 2.105. If the defendant cannot be 

found, or if the defendant does not have the prisoner in custody, the writ or 

order to show cause may be served on anyone having the prisoner in custody 

or that person's superior, in the manner and with the same effect as if that 

person had been made a defendant in the action.

(2) Tender of Fees. If the Attorney General or a prosecuting attorney brings the 

action, or if a judge issues the writ on his or her own initiative, there is no fee. 

In other actions, to make the service of a writ of habeas corpus effective, the 

person making service must give the fee provided by law or this rule to the 

person having custody of the prisoner or to that person's superior.

(a) If the prisoner is in the custody of a sheriff, coroner, constable, or 

marshal, the fee is that allowed by law to a sheriff for bringing up a 

prisoner.

(b) If the prisoner is in the custody of another person, the fee is that, if 

any, allowed by the court issuing the writ, not exceeding the fee allowed by 

law to a sheriff for similar services.

(J) Sufficiency of Writ. The writ or order to show cause may not be disobeyed 

because of a defect in form. The writ or order to show cause is sufficient if the 

prisoner is designated by name, if known, or by a description sufficient to permit 

identification. The writ or order may designate the person to whom it is directed as 

the person having custody of the prisoner. Anyone served with the writ or order is 

deemed the person to whom it is directed and is considered a defendant in the 

action.

(K) Time for Answer and Hearing.

(1) If the writ is to be answered and the hearing held on a specified day and 

hour, the answer must be made and the prisoner produced at the time and 

place specified in the writ.

(2) If an order to show cause is issued, it must be answered as provided in 

subrule (N), and the hearing must be held at the time and place specified in the 

order.

(L) Notice of Hearing Before Discharge.

(1) When the answer states that the prisoner is in custody on process under 

which another person has an interest in continuing the custody, an order of 

discharge may not be issued unless the interested person or that person's 

attorney has had at least 4 days' notice of the time and place of the hearing.

(2) When the answer states that the prisoner is detained on a criminal charge, 

the prisoner may not be discharged until sufficient notice of the time and place 

of the hearing is given to the prosecuting attorney of the county within which 

the prisoner is detained or, if there is no prosecuting attorney within the 

county, to the Attorney General.

(M) Habeas Corpus to Obtain Custody of Child.

(1) A complaint seeking a writ of habeas corpus to inquire into a child's custody 

must be presented to the judicial circuit for the county in which the child resides 

or is found.

(2) An order to show cause, not a writ of habeas corpus, must be issued initially 

if the action is brought by a parent, foster parent, or other relative of the child, 

to obtain custody of a child under the age of 16 years from a parent, foster 

parent, or other relative of the child. The court may direct the friend of the 

court to investigate the circumstances of the child's custody.

(N) Answer.

(1) Contents of Answer; Contempt. The defendant or person served must obey 

the writ or order to show cause or show good cause for not doing so, and must 

answer the writ or order to show cause within the time allowed. Failure to file 

an answer is contempt. The answer must state plainly and unequivocally

(a) whether the defendant then has, or at any time has had, the prisoner 

under his or her control and, if so, the reason; and

(b) if the prisoner has been transferred, to whom, when the transfer was 

made, and the reason or authority for the transfer.

(2) Exhibits. If the prisoner is detained because of a writ, warrant, or other 

written authority, a copy must be attached to the answer as an exhibit, and the 

original must be produced at the hearing. If an order under subrule (E) requires 

it, the answer must be accompanied by the certified transcript of the record and 

proceedings.

(3) Verification. The answer must be signed by the person answering, and, 

except when the person is a sworn public officer and answers in his or her 

official capacity, it must be verified by oath.

(O) Answer May Be Controverted. In a reply or at a hearing, the plaintiff or the 

prisoner may controvert the answer under oath, to show either that the restraint is 

unlawful or that the prisoner is entitled to discharge.

(P) Prisoner; When Bailed. Because a habeas corpus action must be decided 

promptly with no more than the brief delay provided by subrule (Q)(2), release of a 

prisoner on bail will not normally be considered until after determination that legal 

cause exists for the detention. Thereafter, if the prisoner is entitled to bail, the 

court issuing the writ or order may set bail.

(Q) Hearing and Judgment.

(1) The court shall proceed promptly to hear the matter in a summary manner 

and enter judgment.

(2) In response to the writ of habeas corpus or order to show cause, the 

defendant may request adjournment of the hearing. Adjournment may be 

granted only for the brief delay necessary to permit the defendant

(a) to prepare a written answer (unless waived by the plaintiff); or

(b) to present to the court or judge issuing the writ or order testimonial or 

documentary evidence to establish the cause of detention at the time for 

answer.

(3) In the defendant's presence, the court shall inform the prisoner that he or 

she has the right to an attorney and the right to remain silent.

(4) From the time the prisoner is produced in response to the writ or order until 

judgment is entered, the judge who issued the writ or order has custody of the 

prisoner and shall make certain that the prisoner's full constitutional rights are 

protected.

(5) The hearing on the return to a writ of habeas corpus or an order to show 

cause must be recorded verbatim, unless a court reporter or recorder is not 

available. If the hearing is conducted without a verbatim record being made, as 

soon as possible the judge shall prepare and certify a narrative written report. 

The original report is part of the official record in the action, and copies must be 

sent forthwith to the parties or their attorneys.

(6) If the prisoner is restrained because of mental disease, the court shall 

consider the question of the prisoner's mental condition at the time of the 

hearing, rather than merely the legality of the original detention.

Rule 3.304 Habeas Corpus to Bring Prisoner to Testify or for Prosecution

(A) Jurisdiction; When Available. A court of record may issue a writ of habeas 

corpus directing that a prisoner in a jail or prison in Michigan be brought to testify

(1) on the court's own initiative; or

(2) on the ex parte motion of a party in an action before a court or an officer or 

body authorized to examine witnesses.

A writ of habeas corpus may also be issued to bring a prisoner to court for 

prosecution. Subrules (C)-(G) apply to such a writ.

(B) Contents of Motion. The motion must be verified by the party and must state

(1) the title and nature of the action in which the testimony of the prisoner is 

desired; and

(2) that the testimony of the prisoner is relevant and necessary to the party in 

that proceeding.

(C) Direction to Surrender Custody for Transportation. The writ may direct that the 

prisoner be placed in the custody of a designated officer for transportation to the 

place where the hearing or trial is to be held, rather than requiring the custodian to 

bring the prisoner to that place.

(D) Form of Writ. A writ of habeas corpus to produce a prisoner to testify or for 

prosecution must be substantially in the form approved by the state court 

administrator.

(E) Answer and Hearing. If the prisoner is produced or delivered to the custody of a 

designated officer as ordered, the person served with the writ need not answer the 

writ, and a hearing on the writ is unnecessary.

(F) Remand. When a prisoner is brought on a writ of habeas corpus to testify or for 

prosecution, the prisoner must be returned to the original custodian after testifying 

or prosecution.

(G) Applicability of Other Rules. MCR 3.303(G), (I), (J), and (K)(1) apply to habeas 

corpus to produce a prisoner to testify or for prosecution.

Rule 3.305 Mandamus

(A) Jurisdiction.

(1) An action for mandamus against a state officer may be brought in the Court 

of Appeals or the circuit court.

(2) All other actions for mandamus must be brought in the circuit court unless a 

statute or rule requires or allows the action to be brought in another court.

(B) Venue.

(1) The general venue statutes and rules apply to actions for mandamus unless 

a specific statute or rule contains a special venue provision.

(2) In addition to any other county in which venue is proper, an action for 

mandamus against a state officer may be brought in Ingham County.

(C) Order to Show Cause. On ex parte motion and a showing of the necessity for 

immediate action, the court may issue an order to show cause. The motion may be 

made in the complaint. The court shall indicate in the order when the defendant 

must answer the order.

(D) Answer. If necessity for immediate action is not shown, and the action is not 

dismissed, the defendant must answer the complaint as in an ordinary civil action.

(E) Exhibits. A party may attach to the pleadings, as exhibits, certified or 

authenticated copies of record evidence on which the party relies.

(F) Hearings in Circuit Court. The court may hear the matter or may allow the 

issues to be tried by a jury.

(G) Writ Contained in Judgment. If the judgment awards a writ of mandamus, the 

writ may be contained in the judgment in the form of an order, and a separate writ 

need not be issued or served.

Rule 3.306 Quo Warranto

(A) Jurisdiction.

(1) An action for quo warranto against a person who usurps, intrudes into, or 

unlawfully holds or exercises a state office, or against a state officer who does 

or suffers an act that by law works a forfeiture of the office, must be brought in 

the Court of Appeals.

(2) All other actions for quo warranto must be brought in the circuit court.

(B) Parties.

(1) Actions by Attorney General. An action for quo warranto is to be brought by 

the Attorney General when the action is against:

(a) a person specified in subrule (A)(1);

(b) a person who usurps, intrudes into, or wrongfully holds or exercises an 

office in a public corporation created by this state's authority;

(c) an association, or number of persons, acting as a corporation in 

Michigan without being legally incorporated;

(d) a corporation that is in violation of a provision of the act or acts 

creating, offering, or renewing the corporation;

(e) a corporation that has violated the provisions of a law under which the 

corporation forfeits its charter by misuse;

(f) a corporation that has forfeited its privileges and franchises by nonuse;

(g) a corporation that has committed or omitted acts that amount to a 

surrender of its corporate rights, privileges, and franchises, or has exercised 

a franchise or privilege not conferred on it by law.

(2) Actions by Prosecutor or Citizen. Other actions for quo warranto may be 

brought by the prosecuting attorney of the proper county, without leave of 

court, or by a citizen of the county by special leave of the court.

(3) Application to Attorney General.

(a) A person may apply to the Attorney General to have the Attorney 

General bring an action specified in subrule (B)(1). The Attorney General 

may require the person to give security to indemnify the state against all 

costs and expenses of the action. The person making the application, and 

any other person having the proper interest, may be joined as parties 

plaintiff.

(b) If, on proper application and offer of security, the Attorney General 

refuses to bring the action, the person may apply to the appropriate court 

for leave to bring the action himself or herself.

(C) Person Alleged to be Entitled to Office. If the action is brought against the 

defendant for usurping an office, the complaint may name the person rightfully 

entitled to the office, with an allegation of his or her right to it, and that person 

may be made a party.

(D) Venue. The general venue statutes and rules apply to actions for quo warranto, 

unless a specific statute or rule contains a special venue provision applicable to an 

action for quo warranto.

(E) Hearing. The court may hear the matter or may allow the issues to be tried by a 

jury.

Rule 3.310 Injunctions

(A) Preliminary Injunctions.

(1) Except as otherwise provided by statute or these rules, an injunction may 

not be granted before a hearing on a motion for a preliminary injunction or on 

an order to show cause why a preliminary injunction should not be issued.

(2) Before or after the commencement of the hearing on a motion for a 

preliminary injunction, the court may order the trial of the action on the merits 

to be advanced and consolidated with the hearing on the motion. Even when 

consolidation is not ordered, evidence received at the hearing for a preliminary 

injunction that would be admissible at the trial on the merits becomes part of 

the trial record and need not be repeated at the trial. This provision may not be 

used to deny the parties any rights they may have to trial by jury.

(3) A motion for a preliminary injunction must be filed and noticed for hearing 

in compliance with the rules governing other motions unless the court orders 

otherwise on a showing of good cause.

(4) At the hearing on an order to show cause why a preliminary injunction 

should not issue, the party seeking injunctive relief has the burden of

establishing that a preliminary injunction should be issued, whether or not a 

temporary restraining order has been issued.

(5) If a preliminary injunction is granted, the court shall promptly schedule a 

pretrial conference. The trial of the action on the merits must be held within 6 

months after the injunction is granted, unless good cause is shown or the 

parties stipulate to a longer period. The court shall issue its decision on the 

merits within 56 days after the trial is completed. 

(B) Temporary Restraining Orders.

(1) A temporary restraining order may be granted without written or oral notice 

to the adverse party or the adverse party's attorney only if

(a) it clearly appears from specific facts shown by affidavit or by a verified 

complaint that immediate and irreparable injury, loss, or damage will result 

to the applicant from the delay required to effect notice or from the risk 

that notice will itself precipitate adverse action before an order can be 

issued;

(b) the applicant's attorney certifies to the court in writing the efforts, if 

any, that have been made to give the notice and the reasons supporting the 

claim that notice should not be required; and

(c) a permanent record or memorandum is made of any nonwritten 

evidence, argument, or other representations made in support of the 

application.

(2) A temporary restraining order granted without notice must:

(a) be endorsed with the date and time of issuance;

(b) describe the injury and state why it is irreparable and why the order 

was granted without notice;

(c) except in domestic relations actions, set a date for hearing at the 

earliest possible time on the motion for a preliminary injunction or order to 

show cause why a preliminary injunction should not be issued.

(3) Except in domestic relations actions, a temporary restraining order granted 

without notice expires by its terms within such time after entry, not to exceed 

14 days, as the court sets unless within the time so fixed the order, for good 

cause shown, is extended for a like period or unless the party against whom the 

order is directed consents that it may be extended for a longer period. The 

reasons for the extension must be stated on the record or in a document filed in 

the action.

(4) A temporary restraining order granted without notice must be filed forthwith 

in the clerk's office and entered in the court records.

(5) A motion to dissolve a temporary restraining order granted without notice 

takes precedence over all matters except older matters of the same character, 

and may be heard on 24 hours' notice. For good cause shown, the court may 

order the motion heard on shorter notice. The court may set the time for the 

hearing at the time the restraining order is granted, without waiting for the

filing of a motion to dissolve it, and may order that the hearing on a motion to 

dissolve a restraining order granted without notice be consolidated with the 

hearing on a motion for a preliminary injunction or an order to show cause why 

a preliminary injunction should not be issued. At a hearing on a motion to 

dissolve a restraining order granted without notice, the burden of justifying 

continuation of the order is on the applicant for the restraining order whether or 

not the hearing has been consolidated with a hearing on a motion for a 

preliminary injunction or an order to show cause.

(C) Form and Scope of Injunction. An order granting an injunction or restraining 

order

(1) must set forth the reasons for its issuance;

(2) must be specific in terms;

(3) must describe in reasonable detail, and not by reference to the complaint or 

other document, the acts restrained; and

(4) is binding only on the parties to the action, their officers, agents, servants, 

employees, and attorneys, and on those persons in active concert or 

participation with them who receive actual notice of the order by personal 

service or otherwise.

(D) Security.

(1) Before granting a preliminary injunction or temporary restraining order, the 

court may require the applicant to give security, in the amount the court deems 

proper, for the payment of costs and damages that may be incurred or suffered 

by a party who is found to have been wrongfully enjoined or restrained.

(2) Security is not required of the state or of a Michigan county or municipal 

corporation or its officer or agency acting in an official capacity. As to other 

parties, if security is not required the order must state the reason.

(3) If the party enjoined deems the security insufficient and has had no prior 

opportunity to be heard, the party may object to the sufficiency of the surety in 

the manner provided in MCR 3.604(E). The procedures provided in MCR 

3.604(F) apply to the objection.

(4) When a bond is required before the issuance of an injunction or temporary 

restraining order, the bond must be filed with the clerk before the sealing and 

delivery of the injunction or restraining order.

(E) Stay of Action. An injunction or temporary restraining order may not be granted 

in one action to stay proceedings in another action pending in another court if the 

relief requested could be sought in the other pending action.

(F) Denial of Application. When an application for a preliminary injunction or 

temporary restraining order is denied, but an order is not signed, an endorsement 

of the denial must be made on the complaint or affidavit, and the complaint or 

affidavit filed.

(G) Later Application After Denial of Injunction.

(1) If a circuit judge has denied an application for an injunction or temporary 

restraining order, in whole or in part, or has granted it conditionally or on 

terms, later application for the same purpose and in relation to the same matter 

may not be made to another circuit judge.

(2) If an order is entered on an application in violation of subrule (G)(1), it is 

void and must be revoked by the judge who entered it, on due proof of the 

facts. A person making the later application contrary to this rule is subject to 

punishment for contempt.

(H) Motion for Injunction in Pending Actions. An injunction may also be granted 

before or in connection with final judgment on a motion filed after an action is 

commenced.

(I) Application to Special Actions. This rule applies to a special statutory action for 

an injunction only to the extent that it does not conflict with special procedures 

prescribed by the statute or the rules governing the special action.

Subchapter 3.400 Proceedings Involving Real Property

Rule 3.401 Partition

(A) Matters to be Determined by Court. On the hearing of an action or proceeding 

for partition, the court shall determine

(1) whether the premises can be partitioned without great prejudice to the 

parties;

(2) the value of the use of the premises and of improvements made to the 

premises; and

(3) other matters the court considers pertinent.

(B) Partition or Sale in Lieu of Partition. If the court determines that the premises 

can be partitioned, MCR 3.402 governs further proceedings. If the court determines 

that the premises cannot be partitioned without undue prejudice to the owners, it 

may order the premises sold in lieu of partition under MCR 3.403.

(C) Joinder of Lienholders. A creditor having a lien on all or part of the premises, by 

judgment, mortgage, or otherwise, need not be made a party to the partition 

proceedings. However, the plaintiff may join every creditor having a specific lien on 

the undivided interest or estate of a party. If the creditors are made parties, the 

complaint must state the nature of every lien or encumbrance.

Rule 3.402 Partition Procedure

(A) Determination of Parties' Interests. In ordering partition the court shall 

determine the rights and interests of the parties in the premises, and describe parts 

or shares that are to remain undivided for owners whose interests are unknown or 

not ascertained.

(B) Appointment of Partition Commissioner.

(1) The court shall appoint a disinterested person as partition commissioner to 

make the partition according to the court's determination of the rights and 

interests of the parties. If the parties agree, three commissioners may be 

appointed who shall meet together to perform their duties and act by majority 

vote.

(2) The partition commissioner must be sworn before an officer authorized to 

administer oaths to honestly and impartially partition the property as directed 

by the court. The oath must be filed with the clerk of the court.

(3) If the partition commissioner dies, resigns, or neglects to serve, the court 

may appoint a replacement.

(C) Proceedings Before Partition Commissioner.

(1) The partition commissioner

(a) may apply to the court for instructions;

(b) must give notice of the meeting to consider the problems of the 

partition to the parties so that they may be heard if they wish to be; and

(c) may take evidence at the meeting concerning the problems of partition.

(2) The partition commissioner shall divide the premises and allot the 

respective shares according to the terms in the court's judgment or separate 

order, and shall designate the several shares and portions by reference to a plat 

or survey prepared by a land surveyor or engineer licensed by the state.

(3) The partition commissioner must report to the court, specifying the 

procedures followed, describing the land divided and the shares allotted to each 

party, and listing the commissioner's charges. The parties shall not be present 

during the preparation of the report or during the deliberations of a panel of 

three commissioners. A copy of the report must be sent to each party who has 

appeared in the action.

(D) Setting Aside, Modification, or Confirmation of Partition Commissioner's Report.

(1) The court may modify or set aside the report and may refer the action to 

either the same or a newly appointed partition commissioner as often as 

necessary.

(2) On confirming the report, the court shall enter a judgment binding and 

conclusive on:

(a) all parties named in the action who

(i) have an interest in the partitioned premises as owners in fee or 

tenants for years,

(ii) are entitled to the reversion, remainder, or inheritance of the 

premises after the termination of a particular estate in the premises,

(iii) are or will become entitled to a beneficial interest in the premises, 

or

(iv) have an interest in an undivided share of the premises as tenants 

for years, for life, or in dower;

(b) the legal representatives of the parties listed in subrule (D)(2)(a);

(c) all persons interested in the premises who were unknown at the time 

the action was commenced and were given sufficient notice either by 

publication or personally; and

(d) all other persons claiming from any of the above parties or persons.

(3) The judgment and partition do not affect persons who have claims as 

tenants in dower or for life to the entire premises subject to the partition; nor 

do they preclude a person, except those specified in subrule (D)(2), from 

claiming title to the premises in question or from controverting the title or 

interest of the parties among whom the partition was made.

(4) An authenticated copy of the report, the judgment confirming it, and any 

incorporated surveys may be recorded with the register of deeds of the county 

in which the land is located. Copies of subdivision plats already of record need 

not be recorded.

(E) Expenses and Costs. The court may order that the expenses and costs, 

including attorney fees, be paid by the parties in accordance with their respective 

rights and equities in the premises. An order requiring a party to pay expenses and 

costs may be enforced in the same manner as a judgment.

(F) Setting Off of Interests in Special Cases.

(1) The court may by order set off the interest that belonged to a deceased 

party, without subdivision, to those claiming under that party when it is 

expedient to do so. Those legally entitled under or through the deceased party 

must be mentioned by name in the judgment.

(2) If the original parties in interest were fully known, but death, legal 

proceedings, or other operation of law has caused uncertainty about the 

identity of the present parties in interest, the interests originally owned by 

known parties but now owned by unknown persons may be separated as 

provided in this rule, instead of being left undivided. The division and judgment 

operate to convey the title to the persons claiming under the known party, 

according to their legal rights.

(3) If an interest in the premises belongs to known or unknown parties who 

have not appeared in the action, the court shall order partition of the 

ascertained interests of the known parties who have appeared in the action. 

The residue of the premises remains for the parties whose interests have not 

been ascertained, subject to future division.

Rule 3.403 Sale of Premises and Division of Proceeds as Substitute for 

Partition

(A) Order of Sale.

(1) If a party has a dower interest or life estate in all or a part of the premises 

at the time of the order for sale, the court shall determine whether, under all 

the circumstances and with regard for the interests of all the parties, that 

interest should be excepted from the sale or be sold with the premises. If the 

court orders that the sale include that party's interest, the sale conveys that 

interest.

(2) In the order of sale the court shall designate:

(a) which premises are to be sold;

(b) whether the premises are to be sold in separate parcels or together;

(c) whether there is a minimum price at which the premises may be sold;

(d) the terms of credit to be allowed and the security to be required; and

(e) how much of the proceeds will be invested, as required by this rule, for 

the benefit of unknown owners, infants, parties outside Michigan, and 

parties who have dower interests or life estates.

(B) Specific Procedures and Requirements of Sale.

(1) The person appointed by the court to conduct the sale shall give notice of 

the sale, including the terms. Notice must be given in the same manner as 

required by MCL 600.6052.

(2) Neither the person conducting the sale nor anyone acting in his or her 

behalf may directly or indirectly purchase or be interested in the purchase of 

the premises sold. The conservator of a minor or legally incapacitated individual 

may not purchase or be interested in the purchase of lands that are the subject 

of the proceedings, except for the benefit of the ward. Sales made contrary to 

this provision are voidable, except as provided by MCL 700.5421.

(3) The part of the price for which credit is allowed must be secured at interest 

by a mortgage of the premises sold, a note of the purchaser, and other security 

the court prescribes.

(a) The person conducting the sale may take separate mortgages and other 

securities in the name of the clerk of the court and the clerk's successors for 

the shares of the purchase money the court directs to be invested, and in 

the name of a known owner, 18 years of age or older, who desires to have 

his or her share so invested.

(b) When the sale is confirmed, the person conducting the sale must deliver 

the mortgages and other securities to the clerk of the court, or to the 

known owners whose shares are invested.

(4) After completing the sale, the person conducting the sale shall file a report 

with the court, stating

(a) the name of each purchaser,

(b) a description of the parcels of land sold to each purchaser, and

(c) the price paid for each parcel.

A copy of the report must be sent to each party who has appeared in the action.

(5) If the court confirms the sale, it shall enter an order authorizing and 

directing the person conducting the sale to execute conveyances pursuant to 

the sale.

(6) Conveyances executed according to these rules shall be recorded in the 

county where the land is located. These conveyances are a bar against

(a) all interested persons who were made parties to the proceedings;

(b) all unknown parties who were ordered to appear and answer by proper 

publication or personal service of notice;

(c) all persons claiming through parties listed in subrules (B)(6)(a) and (b);

(d) all persons who have specific liens on an undivided share or interest in 

the premises, if they were made parties to the proceedings.

(7) If the court confirms the sale, and the successful bidder fails to purchase 

under the terms of the sale, the court may order that the premises be resold at 

that bidder's risk. That bidder is liable to pay the amount of his or her bid minus

the amount received on resale.

(C) Costs and Expenses of the Proceeding. The person conducting the sale shall 

deduct the costs and expenses of the proceeding, including the plaintiff's 

reasonable attorney fees as determined by the court, from the proceeds of the sale 

and pay them to the plaintiff or the plaintiff's attorney.

(D) Distribution of Proceeds of Sale.

(1) When premises that include a dower interest or life estate are sold, the 

owner of the dower interest or life estate shall be compensated as provided in 

this subrule.

(a) Unless the owner consents to the alternative compensation provided in 

subrule (D)(1)(b), the court shall order that the following amount be 

invested in interest-bearing accounts insured by an agency of the United 

States government, with the interest paid annually for life to the owner of 

the dower interest or life estate:

(i) in the case of a dower interest, one-third of the proceeds of the sale 

of the premises or of the undivided share of the premises on which the 

claim of dower existed, after deduction of the owner's share of the 

expenses of the proceeding;

(ii) in the case of a life estate, the entire proceeds of the sale of the 

premises, or undivided share of the premises in which the life estate 

existed, after deduction of the proportion of the owner's share of the 

expenses of the proceeding.

If the owner of the dower interest or life estate is unknown, the court shall 

order the protection of the person's rights in the same manner, as far as 

possible, as if he or she were known and had appeared.

(b) If, before the person conducting the sale files the report of sale, the 

owner of the dower interest or life estate consents, the court shall direct 

that the owner be paid an amount that, on the principles of law applicable 

to annuities, is reasonable compensation for the interest or estate. To be 

effective the consent must be by a written instrument witnessed and 

acknowledged in the manner required to make a deed eligible for recording.

(2) If there are encumbrances on the estate or interest in the premises of a 

party to the proceeding, the person conducting the sale must pay to the clerk 

the portion of the proceeds attributable to the sale of that estate or interest, 

after deducting the share of the costs, charges, and expenses for which it is 

liable. The party who owned that estate or interest may apply to the court for 

payment of his or her claim out of these proceeds. The application must be 

accompanied by

(a) an affidavit stating the amount due on each encumbrance and the name 

and address of the owner of each encumbrance, as far as known; and

(b) proof by affidavit that notice was served on each owner of an 

encumbrance, in the manner prescribed in MCR 2.107.

The court shall hear the proofs, determine the rights of the parties, and 

direct who must pay the costs of the trial.

fter ascertaining the amount of existing encumbrances, the court shall 

order the distribution of the money held by the clerk among the creditors 

having encumbrances, according to their priority. When paying an 

encumbrance the clerk must procure satisfaction of the encumbrance, 

acknowledged in the form required by law, and must record the satisfaction 

of the encumbrance. The clerk may pay the expenses of these services out 

of the portion of the money in court that belongs to the party by whom the 

encumbrance was payable.

The proceedings under this subrule to ascertain and settle the amounts of 

encumbrances do not affect other parties to the proceedings for partition 

and do not delay the payment to a party whose estate in the premises is 

not subject to an encumbrance or the investing of the money for the benefit 

of such a person.

(3) The proceeds of a sale, after deducting the costs, must be divided among 

the parties whose rights and interests have been sold, in proportion to their 

respective rights in the premises.

(a) The shares of the parties who are 18 years of age or older must be paid 

to them or to their legal representatives (or brought into court for their use) 

by the person conducting the sale.

(b) The court may direct that the share of a minor or a legally incapacitated 

individual be paid to his or her conservator or be invested in interestbearing accounts insured by an agency of the United States government in 

the name and for the benefit of the minor or legally incapacitated individual.

(c) If a party whose interest has been sold is absent from the state and has 

no legal representative in the state or is not known or named in the 

proceedings, the court shall direct that his or her share be invested in 

interest-bearing accounts insured by the United States government for the 

party's benefit until claimed.

(4) The court may require that before receiving a share of the proceeds of a 

sale a party give a note to secure refund of the share, with interest, if the party 

is later found not entitled to it.

(5) When the court directs that security be given or investments be made, or 

the person conducting the sale takes security on the sale of real estate, the 

bonds, notes, and investments must be taken in the name of the clerk of the 

court and the clerk's successors in office, unless provision is made to take them 

in the name of a known owner.

The clerk must hold them and deliver them to his or her successor, and must 

receive the interest and principal as they become due and apply or reinvest 

them, as the court directs. The clerk shall annually give to the court a written, 

sworn account of the money received and the disposition of it.

A security, bond, note, mortgage, or other evidence of the investment may not 

be discharged, transferred, or impaired by an act of the clerk without the order 

of the court. A person interested in an investment, with the leave of the court, 

may prosecute it in the name of the existing clerk, and an action is not abated 

by the death, removal from office, or resignation of the clerk to whom the 

instruments were executed or the clerk's successors.

Rule 3.410 Foreclosure of Mortgages and Land Contracts

(A) Rules Applicable. Except as prescribed in this rule, the general rules of 

procedure apply to actions to foreclose mortgages and land contracts.

(B) Pleading.

(1) A plaintiff seeking foreclosure or satisfaction of a mortgage on real estate or 

a land contract must state in the complaint whether an action has ever been 

brought to recover all or part of the debt secured by the mortgage or land 

contract and whether part of the debt has been collected or paid.

(2) In a complaint for foreclosure or satisfaction of a mortgage or a land 

contract, it is not necessary to set out in detail the rights and interests of the 

defendants who are purchasers of, or who have liens on, the premises, 

subsequent to the recording of the mortgage or land contract. It is sufficient for 

the plaintiff, after setting out his or her own interest in the premises, to state 

generally that the defendants have or claim some interest in the premises as 

subsequent purchasers, encumbrancers, or otherwise.

(C) Time for Sale. A sale under a judgment of foreclosure may not be ordered on 

less than 42 days' notice. Publication may not begin until the time set by the 

judgment for payment has expired, and

(1) until 6 months after an action to foreclose a mortgage is begun;

(2) until 3 months after an action to foreclose a land contract is begun.

(D) Disposition of Surplus. When there is money remaining from a foreclosure sale 

after paying the amount due the plaintiff, a party to the action may move for the 

disposition of the surplus in accordance with the rights of the parties entitled to it.

(E) Administration of Mortgage Trusts in Equity.

(1) Proceedings of the kind described in MCL 600.3170 are governed by the 

procedures prescribed by MCL 451.401-451.405, except as modified by this 

subrule.

(2) A bond, other obligation, or beneficial interest held by or for the benefit of 

the mortgagor or the mortgagor's successor in estate, or subject to an 

agreement or option by which the mortgagor or the mortgagor's successor in 

estate may acquire it or an interest in it, may not be considered in determining 

a majority of such obligations or beneficial interests, either as part of the 

majority or as part of the whole number of which the majority is required.

Rule 3.411 Civil Action to Determine Interests in Land

(A) This rule applies to actions to determine interests in land under MCL 600.2932. 

It does not apply to summary proceedings to recover possession of premises under 

MCL 600.5701-600.5759.

(B) Complaint.

(1) The complaint must describe the land in question with reasonable certainty 

by stating

(a) the section, township, and range of the premises;

(b) the number of the block and lot of the premises; or

(c) another description of the premises sufficiently clear so that the 

premises may be identified.

(2) The complaint must allege

(a) the interest the plaintiff claims in the premises;

(b) the interest the defendant claims in the premises; and

(c) the facts establishing the superiority of the plaintiff's claim.

(C) Written Evidence of Title to be Referred to in Pleadings.

(1) Written evidence of title may not be introduced at trial unless it has been 

sufficiently referred to in the pleadings in accordance with this rule.

(2) The plaintiff must attach to the complaint, and the defendant must attach to 

the answer, a statement of the title on which the pleader relies, showing from 

whom the title was obtained and the page and book where it appears of record.

(3) Within a reasonable time after demand for it, a party must furnish to the 

adverse party a copy of an unrecorded conveyance on which he or she relies or 

give a satisfactory reason for not doing so.

(4) References to title may be amended or made more specific in accordance 

with the general rules regarding amendments and motions for more definite 

statement.

(D) Findings As to Rights in and Title to Premises.

(1) After evidence has been taken, the court shall make findings determining 

the disputed rights in and title to the premises.

(2) If a party not in possession of the premises is found to have had a right to 

possession at the time the action was commenced, but that right expired before 

the trial, that party must prove the damages sustained because the premises 

were wrongfully withheld, and the court shall enter judgment in the amount 

proved.

(E) Claim for Reasonable Value of Use of Premises.

(1) Within 28 days after the finding of title, the party found to have title to the 

premises may file a claim against the party who withheld possession of the 

premises for the reasonable value of the use of the premises during the period 

the premises were withheld, beginning 6 years before the action was 

commenced.

(2) The court shall hear evidence and make findings, determining the value of 

the use of the premises.

(a) The findings must be based on the value of the use of the premises in 

their condition at the time the withholding party, or those through whom 

that party claims, first went into possession. The use of the buildings or 

improvements put on the land by the party who withheld possession may 

not be considered.

(b) The findings must be based on the general value of the use of the 

premises, not on a peculiar value the use of the premises had to the party 

who withheld possession or might have had to the party who had title.

(F) Claim for Value of Buildings Erected and Improvements Made on Premises.

(1) Within 28 days after the finding of title, a party may file a claim against the 

party found to have title to the premises for the amount that the present value 

of the premises has been increased by the erection of buildings or the making 

of improvements by the party making the claim or those through whom he or 

she claims.

(2) The court shall hear evidence as to the value of the buildings erected and 

the improvements made on the premises, and the value the premises would 

have if they had not been improved or built upon. The court shall determine the 

amount the premises would be worth at the time of the claim had the premises 

not been improved, and the amount the value of the premises was increased at 

the time of the claim by the buildings erected and improvements made.

(3) The party claiming the value of the improvements may not recover their 

value if they were made in bad faith.

(G) Election by Party in Title.

(1) The person found to have title to the premises may elect to abandon them 

to the party claiming the value of the improvements and to take a judgment 

against that party for the value the premises would have had at the time of the 

trial if they had not been improved. The election must be filed with the court 

within 28 days after the findings on the claim for improvements. The judgment 

for the value of the premises is a lien against the premises.

(2) If the person found to have title does not elect to abandon the premises 

under subrule (G)(1), the judgment will provide that he or she recover the 

premises and pay the value of the improvements to the clerk of the court within 

the time set in the judgment.

(a) The person found to have title must pay the amount, plus accrued 

interest, before taking possession of the premises under the judgment, if 

that person is not already in possession.

(b) If the person found to have title fails to pay the amount of the judgment 

and the accrued interest within the time set in the judgment, he or she is 

deemed to have abandoned all claim of title to the premises to the parties 

in whose favor the judgment for the value of the improvements runs.

(H) Judgment Binding Only on Parties to Action.  Except for title acquired by 

adverse possession, the judgment determining a claim to title, equitable title, right 

to possession, or other interests in lands under this rule, determines only the rights

and interests of the known and unknown persons who are parties to the action, and 

of persons claiming through those parties by title accruing after the commencement 

of the action.

(I) Possession Under Judgment Not to be Affected by Vacation of Judgment Alone. 

When the judgment in an action under these rules determines that a party is 

entitled to possession of the premises in dispute, that party's right to possession is 

not affected by vacation of the judgment and the granting of a new trial, until a 

contrary judgment is rendered as a result of the new trial.

Rule 3.412 Construction Liens

In an action to enforce a lien under MCL 570.1101 et seq., or other similar law, if 

the plaintiff has joined others holding liens or others have filed notice of intention to 

claim liens against the same property, it is not necessary for the plaintiff to answer 

the counterclaim or cross-claim of another lien claimant, nor for the other lien 

claimants to answer the plaintiff's complaint or the cross-claim of another lien 

claimant, unless one of them disputes the validity or amount of the lien sought to 

be enforced. If no issue has been raised between lien claimants as to the validity or 

amount of a lien, the action is ready for hearing when at issue between the lien 

claimants and the owners, part owners, or lessees of the property.

Subchapter 3.500 Representative Actions

Rule 3.501 Class Actions

(A) Nature of Class Action.

(1) One or more members of a class may sue or be sued as representative 

parties on behalf of all members in a class action only if:

(a) the class is so numerous that joinder of all members is impracticable;

(b) there are questions of law or fact common to the members of the class 

that predominate over questions affecting only individual members;

(c) the claims or defenses of the representative parties are typical of the 

claims or defenses of the class;

(d) the representative parties will fairly and adequately assert and protect 

the interests of the class; and

(e) the maintenance of the action as a class action will be superior to other 

available methods of adjudication in promoting the convenient 

administration of justice.

(2) In determining whether the maintenance of the action as a class action will 

be superior to other available methods of adjudication in promoting the 

convenient administration of justice, the court shall consider among other 

matters the following factors:

(a) whether the prosecution of separate actions by or against individual 

members of the class would create a risk of

(i) inconsistent or varying adjudications with respect to individual 

members of the class that would confront the party opposing the class 

with incompatible standards of conduct; or

(ii) adjudications with respect to individual members of the class that 

would as a practical matter be dispositive of the interests of other 

members not parties to the adjudications or substantially impair or 

impede their ability to protect their interests;

(b) whether final equitable or declaratory relief might be appropriate with 

respect to the class;

(c) whether the action will be manageable as a class action;

(d) whether in view of the complexity of the issues or the expense of 

litigation the separate claims of individual class members are insufficient in 

amount to support separate actions;

(e) whether it is probable that the amount which may be recovered by 

individual class members will be large enough in relation to the expense 

and effort of administering the action to justify a class action; and

(f) whether members of the class have a significant interest in controlling 

the prosecution or defense of separate actions.

(3) Class members shall have the right to be excluded from the action in the 

manner provided in this rule, subject to the authority of the court to order them 

made parties to the action pursuant to other applicable court rules.

(4) Class members have the right to intervene in the action, subject to the 

authority of the court to regulate the orderly course of the action.

(5) An action for a penalty or minimum amount of recovery without regard to 

actual damages imposed or authorized by statute may not be maintained as a 

class action unless the statute specifically authorizes its recovery in a class 

action.

(B) Procedure for Certification of Class Action.

(1) Motion.

(a) Within 91 days after the filing of a complaint that includes class action 

allegations, the plaintiff must move for certification that the action may be 

maintained as a class action.

(b) The time for filing the motion may be extended by order on stipulation 

of the parties or on motion for cause shown.

(2) Effect of Failure to File Motion. If the plaintiff fails to file a certification 

motion within the time allowed by subrule (B)(1), the defendant may file a 

notice of the failure. On the filing of such a notice, the class action allegations 

are deemed stricken, and the action continues by or against the named parties 

alone. The class action allegations may be reinstated only if the plaintiff shows 

that the failure was due to excusable neglect.

(3) Action by Court.

(a) Except on motion for good cause, the court shall not proceed with 

consideration of the motion to certify until service of the summons and 

complaint on all named defendants or until the expiration of any unserved 

summons under MCR 2.102(D).

(b) The court may allow the action to be maintained as a class action, may 

deny the motion, or may order that a ruling be postponed pending 

discovery or other preliminary procedures.

(c) In an order certifying a class action, the court shall set forth a 

description of the class.

(d) When appropriate the court may order that

(i) the action be maintained as a class action limited to particular issues 

or forms of relief, or

(ii) a proposed class be divided into separate classes with each treated 

as a class for purposes of certifying, denying certification, or revoking a 

certification.

(e) If certification is denied or revoked, the action shall continue by or 

against the named parties alone.

(C) Notice to Class Members.

(1) Notice Requirement. Notice shall be given as provided in this subrule to 

persons who are included in a class action by certification or amendment of a 

prior certification, and to persons who were included in a class action by a prior 

certification but who are to be excluded from the class by amendment or 

revocation of the certification.

(2) Proposals Regarding Notice. The plaintiff shall include in the motion for 

certification a proposal regarding notice covering the matters that must be 

determined by the court under subrule (C)(3). In lieu of such a proposal, the 

plaintiff may state reasons why a determination of these matters cannot then 

be made and offer a proposal as to when such a determination should be made. 

Such a proposal must also be included in a motion to revoke or amend 

certification.

(3) Action by Court. As soon as practicable, the court shall determine how, 

when, by whom, and to whom the notice shall be given; the content of the 

notice; and to whom the response to the notice is to be sent. The court may 

postpone the notice determination until after the parties have had an 

opportunity for discovery, which the court may limit to matters relevant to the 

notice determination.

(4) Manner of Giving Notice.

(a) Reasonable notice of the action shall be given to the class in such 

manner as the court directs.

(b) The court may require individual written notice to all members who can 

be identified with reasonable effort. In lieu of or in addition to individual 

notice, the court may require notice to be given through another method 

reasonably calculated to reach the members of the class. Such methods 

may include using publication in a newspaper or magazine; broadcasting on 

television or radio; posting; or distribution through a trade or professional 

association, union, or public interest group.

(c) In determining the manner of notice, the court shall consider, among 

other factors,

(i) the extent and nature of the class,

(ii) the relief requested,

(iii) the cost of notifying the members,

(iv) the resources of the plaintiff, and

(v) the possible prejudice to be suffered by members of the class or by 

others if notice is not received.

(5) Content of Notice. The notice shall include:

(a) a general description of the action, including the relief sought, and the 

names and addresses of the representative parties;

(b) a statement of the right of a member of the class to be excluded from 

the action by submitting an election to be excluded, including the manner 

and time for exercising the election;

(c) a description of possible financial consequences for the class;

(d) a general description of any counterclaim or notice of intent to assert a 

counterclaim by or against members of the class, including the relief 

sought;

(e) a statement that the judgment, whether favorable or not, will bind all 

members of the class who are not excluded from the action;

(f) a statement that any member of the class may intervene in the action;

(g) the address of counsel to whom inquiries may be directed; and

(h) other information the court deems appropriate.

(6) Cost of Notice.

(a) The plaintiff shall bear the expense of the notification required by 

subrule (C)(1). The court may require the defendant to cooperate in the 

notice process, but any additional costs incurred by the defendant in doing 

so shall be paid by the plaintiff.

(b) Upon termination of the action, the court may allow as taxable costs the 

expenses of notification incurred by the prevailing party.

(c) Subrules (C)(6)(a) and (b) shall not apply when a statute provides for a 

different allocation of the cost of notice in a particular class of actions.

(7) Additional Notices. In addition to the notice required by subrule (C)(1), 

during the course of the action the court may require that notice of any other 

matter be given in such manner as the court directs to some or all of the 

members of the class.

(D) Judgment.

(1) The judgment shall describe the parties bound.

(2) A judgment entered before certification of a class binds only the named 

parties.

(3) A motion for judgment (including partial judgment) under MCR 2.116 may 

be filed and decided before the decision on the question of class certification. A 

judgment entered before certification in favor of a named party does not 

preclude that party from representing the class in the action if that is otherwise 

appropriate.

(4) A complaint that does not include class action allegations may not be 

amended to include such allegations after the granting of judgment or partial 

judgment under MCR 2.116.

(5) A judgment entered in an action certified as a class action binds all 

members of the class who have not submitted an election to be excluded, 

except as otherwise directed by the court.

(E) Dismissal or Compromise. An action certified as a class action may not be 

dismissed or compromised without the approval of the court, and notice of the 

proposed dismissal or compromise shall be given to the class in such manner as the 

court directs.

(F) Statute of Limitations.

(1) The statute of limitations is tolled as to all persons within the class 

described in the complaint on the commencement of an action asserting a class 

action.

(2) The statute of limitations resumes running against class members other 

than representative parties and intervenors:

(a) on the filing of a notice of the plaintiff's failure to move for class 

certification under subrule (B)(2);

(b) 28 days after notice has been made under subrule (C)(1) of the entry, 

amendment, or revocation of an order of certification eliminating the person 

from the class;

(c) on entry of an order denying certification of the action as a class action;

(d) on submission of an election to be excluded;

(e) on final disposition of the action.

(3) If the circumstance that brought about the resumption of the running of the 

statute is superseded by a further order of the trial court, by reversal on 

appeal, or otherwise, the statute of limitations shall be deemed to have been 

tolled continuously from the commencement of the action.

(G) Discovery. Representative parties and intervenors are subject to discovery in 

the same manner as parties in other civil actions. Other class members are subject 

to discovery in the same manner as persons who are not parties, and may be 

required to submit to discovery procedures applicable to parties to the extent 

ordered by the court.

(H) Counterclaims.

(1) Right to File Counterclaims. A party to a class action may file counterclaims 

as in any other action, including counterclaims by or against a class or an 

individual class member.

(2) Notice of Intent to File Counterclaims. The defendant may file notice of 

intent to assert counterclaims against absent class members before notice of 

certification is given under subrule (C)(1), identifying or describing the persons 

against whom counterclaims may be filed and describing the nature of the 

counterclaims.

(3) Time to File. A counterclaim against a class member other than a 

representative party must be filed and served within 56 days after the class

member intervenes or submits a claim for distribution of a share of any award 

recovered in the action, whichever is earlier, or within such further time as the 

court allows.

(4) Notice to Class Members. If the notice of certification given under subrule 

(C)(1) did not notify potential class members of the counterclaim, each class 

member against whom a counterclaim is asserted shall be permitted to elect to 

be excluded from the action. Notice of this right shall be served with the 

counterclaim.

(5) Control of Action. The court shall take such steps as are necessary to 

prevent the pendency of counterclaims from making the action unmanageable 

as a class action. Such steps include but are not limited to severing 

counterclaims for separate trial under MCR 2.505(B) or ordering that 

consideration of the counterclaims be deferred until after determination of the 

issue of the defendant's liability, at which time the court may hear the 

counterclaims, remove them to a lower court, change venue, dismiss them 

without prejudice, or take other appropriate action.

(I) Defendant Classes.

(1) An action that seeks to recover money from individual members of a 

defendant class may not be maintained as a class action.

(2) A representative of a defendant class, other than a public body or a public 

officer, may decline to defend the action in a representative capacity unless the 

court finds that the convenient administration of justice otherwise requires. 

Rule 3.502 Secondary Action by Shareholders

(A) Pleading. In an action brought by one or more shareholders in an incorporated 

or unincorporated association because the association has refused or failed to 

enforce rights which may properly be asserted by it, the complaint shall set forth 

under oath and with particularity the efforts of the plaintiff to secure from the 

managing directors or trustees the action the plaintiff desires and the reasons for 

the failure to obtain such action, or the reasons for not making such an effort.

(B) Security. At any stage of an action under this subrule the court may require 

such security and impose such terms as shall fairly and adequately protect the 

interests of the class or association in whose behalf the action is brought or 

defended.

(C) Notice. The court may order that notice be given, in the manner and to the 

persons it directs,

(1) of the right of absent persons to appear and present claims and defenses;

(2) of the pendency of the action;

(3) of a proposed settlement;

(4) of entry of judgment; or

(5) of any other proceedings in the action.

(D) Inadequate Representation. Whenever the representation appears to the court 

inadequate to protect the interests of absent persons who may be bound by the 

judgment, the court may at any time prior to judgment order an amendment of the 

pleadings to eliminate references to representation of absent persons, and the court 

shall enter judgment in such form as to affect only the parties to the action and 

those adequately represented.

Rule 3.503 Action by Fiduciary

(A) Court Order. When a proceeding is instituted by a fiduciary seeking instruction 

or authorization with respect to fiduciary duties or the trust property, and it appears 

that it is impracticable to bring all of the beneficiaries before the court, the court 

shall enter an order:

(1) setting forth the form of and manner for giving notice of the proceedings to 

the beneficiaries, and

(2) selecting representatives of the beneficiaries to act as representatives of the 

class.

(B) Notice. The contents of the notice shall fairly state the purpose of the 

proceedings and shall specify the time and place of hearing. Where an applicable 

statute provides for notice, the court may dispense with other notice.

Subchapter 3.600 Miscellaneous Proceedings

Rule 3.601 Public Nuisances

(A) Procedure to Abate Public Nuisance. Actions to abate public nuisances are 

governed by the general rules of procedure and evidence applicable to nonjury 

actions, except as provided by the statutes covering public nuisances and by this 

rule.

(B) Default; Hearing; Notice and Time. If a defendant fails to answer within the 

time provided, his or her default may be taken. On answer of a defendant or entry 

of a defendant's default, a party other than a defendant in default may notice the 

action for hearing on 7 days' notice. Hearings in actions under this rule take 

precedence over actions that are not entitled to priority by statute or rule and may 

be held at the time they are noticed without further pretrial proceedings.

(C) Motions; Hearing. Motions by the defendant filed and served with the answer 

are heard on the day of the hearing of the action.

(D) Entry of Order or Judgment; Preliminary Injunction.

(1) On the day noticed for hearing, the court shall hear and determine the 

disputed issues and enter a proper order and judgment.

(2) If the hearing is adjourned at the defendant's request, and the court is 

satisfied by affidavit or otherwise that the allegations in the complaint are true 

and that the plaintiff is entitled to relief, an injunction as requested may be 

granted, to be binding until further order.

(3) If service is not obtained on all of the defendants named in the complaint, 

the court has jurisdiction to hear the action and enter a proper order of 

abatement and judgment against those defendants who have been served. The 

order and judgment may not adversely affect the interests of the defendants 

who have not been served.

(E) Temporary Restraining Order. If a preliminary injunction is requested in the 

complaint and the court is satisfied by affidavit or otherwise that the material 

allegations are true, and that the plaintiff is entitled to relief, it may issue a 

temporary restraining order in accordance with MCR 3.310(B), restraining the 

defendant from conducting, maintaining, and permitting the continuance of the 

nuisance and from removing or permitting the removal of the liquor, furniture, 

fixtures, vehicles, or other things used in the maintenance of the nuisance, until the 

final hearing and determination on the complaint or further order.

(F) Substitution for Complaining Party. The court may substitute the Attorney 

General or prosecuting attorney for the complaining party and direct the substituted 

officer to prosecute the action to judgment.

(G) Further Orders of Court. The court may enter other orders consistent with 

equity and not inconsistent with the provisions of the statute and this rule.

Rule 3.602 Arbitration

(A) Applicability of Rule. This rule governs statutory arbitration under MCL 

600.5001-600.5035.

(B) Proceedings to Compel or to Stay Arbitration.

(1) A request for an order to compel or to stay arbitration or for another order

under this rule must be by motion, which shall be heard in the manner and on 

the notice provided by these rules for motions. If there is not a pending action 

between the parties, the party seeking the requested relief must first file a 

complaint as in other civil actions.

(2) On motion of a party showing an agreement to arbitrate that conforms to 

the arbitration statute, and the opposing party's refusal to arbitrate, the court 

may order the parties to proceed with arbitration and to take other steps 

necessary to carry out the arbitration agreement and the arbitration statute. If 

the opposing party denies the existence of an agreement to arbitrate, the court 

shall summarily determine the issues and may order arbitration or deny the 

motion.

(3) On motion, the court may stay an arbitration proceeding commenced or 

threatened on a showing that there is no agreement to arbitrate. If there is a 

substantial and good-faith dispute, the court shall summarily try the issue and 

may enter a stay or direct the parties to proceed to arbitration.

(4) A motion to compel arbitration may not be denied on the ground that the 

claim sought to be arbitrated lacks merit or is not filed in good faith, or because 

fault or grounds for the claim have not been shown.

(C) Action Involving Issues Subject to Arbitration; Stay. Subject to MCR 3.310(E), 

an action or proceeding involving an issue subject to arbitration must be stayed if 

an order for arbitration or motion for such an order has been made under this rule. 

If the issue subject to arbitration is severable, the stay may be limited to that issue. 

If a motion for an order compelling arbitration is made in the action or proceeding 

in which the issue is raised, an order for arbitration must include a stay.

(D) Hearing; Time; Place; Adjournment.

(1) The arbitrator shall set the time and place for the hearing, and may adjourn 

it as necessary.

(2) On a party's request for good cause, the arbitrator may postpone the 

hearing to a time not later than the day set for rendering the award.

(E) Oath of Arbitrator and Witnesses.

(1) Before hearing testimony, the arbitrator must be sworn to hear and fairly 

consider the matters submitted and to make a just award according to his or 

her best understanding.

(2) The arbitrator has the power to administer oaths to the witnesses.

(F) Subpoena; Depositions.

(1) MCR 2.506 applies to arbitration hearings.

(2) On a party's request, the arbitrator may permit the taking of a deposition, 

for use as evidence, of a witness who cannot be subpoenaed or is unable to 

attend the hearing. The arbitrator may designate the manner of and the terms 

for taking the deposition.

(G) Representation by Attorney. A party has the right to be represented by an 

attorney at a proceeding or hearing under this rule. A waiver of the right before the 

proceeding or hearing is ineffective.

(H) Award by Majority; Absence of Arbitrator. If the arbitration is by a panel of 

arbitrators, the hearing shall be conducted by all of them, but a majority may 

decide any question and render a final award unless the concurrence of all of the 

arbitrators is expressly required by the agreement to submit to arbitration. If, 

during the course of the hearing, an arbitrator ceases to act for any reason, the 

remaining arbitrator or arbitrators may continue with the hearing and determine 

the controversy.

(I) Award; Confirmation by Court.  An arbitration award filed with the clerk of the 

court designated in the agreement or statute within one year after the award was 

rendered may be confirmed by the court, unless it is vacated, corrected, or 

modified, or a decision is postponed, as provided in this rule.

(J) Vacating Award.

(1) A request for an order to vacate an arbitration award under this rule must 

be made by motion.  If there is not a pending action between the parties, the 

party seeking the requested relief must first file a complaint as in other civil 

actions.  A complaint to vacate an arbitration award must be filed no later than 

21 days after the date of the arbitration award.

(2) On motion of a party, the court shall vacate an award if:

(a) the award was procured by corruption, fraud, or other undue means;

(b) there was evident partiality by an arbitrator appointed as a neutral, 

corruption of an arbitrator, or misconduct prejudicing a party’s rights;

(c) the arbitrator exceeded his or her powers; or

(d) the arbitrator refused to postpone the hearing on a showing of sufficient 

cause, refused to hear evidence material to the controversy, or otherwise 

conducted the hearing to prejudice substantially a party’s rights.

The fact that the relief could not or would not be granted by a court of law or 

equity is not ground for vacating or refusing to confirm the award.

(3) A motion to vacate an award must be filed within 91 days after the date of 

the award.  However, if the motion is predicated on corruption, fraud, or other 

undue means, it must be filed within 21 days after the grounds are known or 

should have been known.  A motion to vacate an award in a domestic relations 

case must be filed within 21 days after the date of the award.

(4) In vacating the award, the court may order a rehearing before a new 

arbitrator chosen as provided in the agreement, or, if there is no such 

provision, by the court.  If the award is vacated on grounds stated in subrule 

(J)(1)(c) or (d), the court may order a rehearing before the arbitrator who 

made the award.  The time within which the agreement requires the award to 

be made is applicable to the rehearing and commences from the date of the 

order.

(5) If the motion to vacate is denied and there is no motion to modify or correct 

the award pending, the court shall confirm the award.

(K) Modification or Correction of Award.

(1) A request for an order to modify or correct an arbitration award under this 

rule must be made by motion.  If there is not a pending action between the 

parties, the party seeking the requested relief must first file a complaint as in 

other civil actions.  A complaint to correct or modify an arbitration award must 

be filed no later than 21 days after the date of the arbitration award.

(2) On motion made within 91 days after the date of the award, the court shall 

modify or correct the award if:

(a) there is an evident miscalculation of figures or an evident mistake in the 

description of a person, a thing, or property referred to in the award;

(b) the arbitrator has awarded on a matter not submitted to the arbitrator, 

and the award may be corrected without affecting the merits of the decision 

on the issues submitted; or

(c) the award is imperfect in a matter of form, not affecting the merits of 

the controversy.

(3) If the motion is granted, the court shall modify and correct the award to 

effect its intent and shall confirm the award as modified and corrected.  

Otherwise, the court shall confirm the award as made.

(4) A motion to modify or correct an award may be joined in the alternative 

with a motion to vacate the award.

(L) Judgment.  The court shall render judgment giving effect to the award as 

corrected, confirmed, or modified.  The judgment has the same force and effect, 

and may be enforced in the same manner, as other judgments.

(M) Costs.  The costs of the proceedings may be taxed as in civil actions, and, if 

provision for the fees and expenses of the arbitrator has not been made in the 

award, the court may allow compensation for the arbitrator’s services as it deems 

just.  The arbitrator’s compensation is a taxable cost in the action.

(N) Appeals.  Appeals may be taken as from orders or judgments in other civil 

actions.

Rule 3.603 Interpleader

(A) Availability.

(1) Persons having claims against the plaintiff may be joined as defendants and 

required to interplead when their claims are such that the plaintiff is or may be 

exposed to double or multiple liability. It is not a ground for objection to the 

joinder that the claims of the several claimants or the titles on which their

claims depend do not have a common origin or are not identical, but are

adverse to and independent of one another, or that the plaintiff denies liability 

to any or all of the claimants in whole or in part.

(2) A defendant exposed to liability as described in subrule (A)(1), may obtain 

interpleader by counterclaim or cross-claim. A claimant not already before the 

court may be joined as defendant, as provided in MCR 2.207 or MCR 2.209.

(3) If one or more actions concerning the subject matter of the interpleader 

action have already been filed, the interpleader action must be filed in the court 

where the first action was filed.

(B) Procedure.

(1) The court may order the property or the amount of money as to which the 

plaintiff admits liability to be deposited with the court or otherwise preserved, 

or to be secured by a bond in an amount sufficient to assure payment of the 

liability admitted.

(2) The court may thereafter enjoin the parties before it from commencing or 

prosecuting another action regarding the subject matter of the interpleader 

action.

(3) On hearing, the court may order the plaintiff discharged from liability as to 

property deposited or secured before determining the rights of the claimants.

(C) Rule Not Exclusive. The provisions of this rule supplement and do not in any 

way limit the joinder of parties permitted by MCR 2.206.

(D) Disposition of Earlier Action. If another action concerning the subject matter of 

the interpleader action has previously been filed, the court in which the earlier 

action was filed may:

(1) transfer the action, entirely or in part, to the court in which the interpleader 

action is pending,

(2) hold the action entirely or partially in abeyance, pending resolution of the 

interpleader action,

(3) dismiss the action, entirely or in part, or

(4) upon a showing of good cause, proceed with the action, explaining on the 

record the basis of the decision to proceed.

(E) Actual Costs. The court may award actual costs to an interpleader plaintiff. For 

the purposes of this rule, actual costs are those costs taxable in any civil action, 

and a reasonable attorney fee as determined by the trial court.

(1) The court may order that the plaintiff's actual costs of filing the interpleader 

request, tendering the disputed property to the court, and participating in the 

case as a disinterested stakeholder be paid from the disputed property or by 

another party.

(2) If the plaintiff incurs actual costs other than those described in subrule (1) 

due to another party's unreasonable litigation posture, the court may order that 

the other party pay those additional actual costs.

(3) An award made pursuant to this rule may not include reimbursement for the 

actual costs of asserting the plaintiff's own claim to the disputed property, or of 

supporting or opposing another party's claim.

Rule 3.604 Bonds

(A) Scope of Rule. This rule applies to bonds given under the Michigan Court Rules 

and the Revised Judicature Act, unless a rule or statute clearly indicates that a 

different procedure is to be followed.

(B) Submission to Jurisdiction of Court by Surety. A surety on a bond or 

undertaking given under the Michigan Court Rules or the Revised Judicature Act 

submits to the jurisdiction of the court and consents that further proceedings 

affecting the surety's liability on the bond or undertaking may be conducted under 

this rule.

(C) Death of Party; Substitution of Surety. If the only plaintiff or the only defendant 

dies during the pendency of an action, in addition to the parties substituted under 

MCR 2.202, each surety on a bond given by the deceased party shall be made a 

party to the action, on notice to the surety in the manner prescribed in MCR 2.107.

(D) Affidavit of Surety; Notice of Bond.

(1) A surety on a bond, except for a surety company authorized to do business 

in Michigan, must execute an affidavit that he or she has pecuniary 

responsibility and attach the affidavit to the bond.

(2) In alleging pecuniary responsibility, a surety must affirm that he or she 

owns assets not exempt from execution having a fair market value exceeding 

his or her liabilities by at least twice the amount of the bond.

(3) A copy of a bond and the accompanying affidavit must be promptly served 

on the party for whose benefit it is given in the manner prescribed in MCR 

2.107. Proof of service must be filed promptly with the court in which the bond 

has been filed.

(4) In an action alleging medical malpractice filed on or after October 1, 1986, 

notice of the filing of security for costs or the affidavit in lieu of such security, 

required by MCL 600.2912d, 600.2912e, shall be given as provided in MCR 

2.109(B).

(E) Objections to Surety. A party for whose benefit a bond is given may, within 7 

days after receipt of a copy of the bond, serve on the officer taking the bond and 

the party giving the bond a notice that the party objects to the sufficiency of the 

surety. Failure to do so waives all objections to the surety.

(F) Hearing on Objections to Surety. Notice of objection to a surety must be filed as 

a motion for hearing on objections to the bond.

(1) On demand of the objecting party, the surety must appear at the hearing of 

the motion and be subject to examination as to the surety's pecuniary 

responsibility or the validity of the execution of the bond.

(2) After the hearing, the court may approve or reject the bond as filed or 

require an amended, substitute, or additional bond, as the circumstances 

warrant.

(3) In an appeal to the circuit court from a lower court or tribunal, an objection 

to the surety is heard in the circuit court.

(G) Surety Company Bond. A surety company certified by the Commissioner of 

Insurance as authorized to do business in Michigan may act as surety on a bond.

(H) Assignment or Delivery of Bond. If the condition of a bond is broken, or the 

circumstances require, the court shall direct the delivery or assignment of the bond 

for prosecution to the person for whose benefit it was given. Proceedings to enforce 

the bond may be taken in the action pursuant to subrule (I).

(I) Judgment Against Surety.

(1) Judgment on Motion. In an action in which a bond or other security has 

been posted, judgment may be entered directly against the surety or the 

security on motion without the necessity of an independent action on a showing 

that the condition has occurred giving rise to the liability on the bond or to the 

forfeiture of the security.

(2) Notice. Notice of the hearing on the motion for judgment must be given to 

the surety or the owner of the security in the manner prescribed in MCR 2.107. 

The notice may be mailed to the address stated in the bond or stated when the 

security was furnished unless the surety or owner has given notice of a change 

of address.

(3) Restitution. If in later proceedings in the action, on appeal or otherwise, it is 

determined that the surety is not liable or that the security should not have 

been forfeited, the court may order restitution of money paid or security 

forfeited.

(J) Application to Another Judge After Supersedeas Refused.

(1) If a circuit judge has denied an application for supersedeas in whole or in 

part, or has granted it conditionally or on terms, a later application for the same 

purpose and in the same matter may not be made to another circuit judge if the 

first judge is available.

(2) If an order is entered contrary to the provisions of subrule (J)(1), it is void 

and must be revoked by the judge who entered it, on proof of the facts. A 

person making a later application contrary to this rule is subject to punishment 

for contempt.

(K) Cash or Securities Bond. The furnishing of a cash or securities bond under MCL 

600.2631 is deemed compliance with these rules.

(L) Stay of Proceedings Without Bond. If a party required to give a bond under 

these rules for supersedeas, appeal, or otherwise is unable to give the bond by 

reason of poverty, the court may, on proof of the inability, limit or eliminate the 

requirement for surety on the bond on appropriate conditions and for a reasonable 

time.

Rule 3.605 Collection of Penalties, Fines, Forfeitures, and Forfeited 

Recognizances

(A) Definition. The term "penalty," as used in this rule, includes fines, forfeitures, 

and forfeited recognizances, unless otherwise provided in this rule.

(B) Parties. The civil action for a pecuniary penalty incurred for the violation of an 

ordinance of a city or village must be brought in the name of the city or village. 

Other actions to recover penalties must be brought in the name of the people of the 

State of Michigan.

(C) Judgment on Penalty. In an action against a party liable for a penalty, judgment 

may be rendered directly against the party and in favor of the other party on 

motion and showing that the condition has occurred giving rise to the penalty. This 

subrule does not apply to forfeited civil recognizances under MCR 3.604 or to 

forfeited criminal recognizances under MCL 765.28.

(D) Remission of Penalty. An application for the remission of a penalty, including a 

bond forfeiture, may be made to the judge who imposed the penalty or ordered the 

forfeiture. The application may not be heard until reasonable notice has been given 

to the prosecuting attorney (or municipal attorney) and he or she has had an 

opportunity to examine the matter and prepare to resist the application. The 

application may not be granted without payment of the costs and expenses incurred 

in the proceedings for the collection of the penalty.

(E) Duty of Clerk When Fine Without Order for Commitment; Duty of Prosecutor. 

When a fine is imposed by a court on a person, without an order for the immediate 

commitment of the person until the fine is paid, the clerk of the court shall deliver a 

copy of the order imposing the fine to the prosecuting attorney of the county in 

which the court is held, or the municipal attorney in the case of a fine that is 

payable to a municipality. The prosecuting attorney (or municipal attorney) shall 

obtain execution to collect the fine.

Rule 3.606 Contempts Outside Immediate Presence of Court

(A) Initiation of Proceeding. For a contempt committed outside the immediate view 

and presence of the court, on a proper showing on ex parte motion supported by 

affidavits, the court shall either

(1) order the accused person to show cause, at a reasonable time specified in 

the order, why that person should not be punished for the alleged misconduct; 

or

(2) issue a bench warrant for the arrest of the person.

(B) Writ of Habeas Corpus. A writ of habeas corpus to bring up a prisoner to testify 

may be used to bring before the court a person charged with misconduct under this 

rule. The court may enter an appropriate order for the disposition of the person.

(C) Bond for Appearance.

(1) The court may allow the giving of a bond in lieu of arrest, prescribing in the 

bench warrant the penalty of the bond and the return day for the defendant

(2) The defendant is discharged from arrest on executing and delivering to the 

arresting officer a bond

(a) in the penalty endorsed on the bench warrant to the officer and the 

officer's successors,

(b) with two sufficient sureties, and

(c) with a condition that the defendant appear on the return day and await 

the order and judgment of the court.

(3) Return of Bond. On returning a bench warrant, the officer executing it must 

return the bond of the defendant, if one was taken. The bond must be filed with 

the bench warrant.

(D) Assignment of Bond; Damages. The court may order assignment of the bond to 

an aggrieved party who is authorized by the court to prosecute the bond under MCR 

3.604(H). The measure of the damages to be assessed in an action on the bond is 

the extent of the loss or injury sustained by the aggrieved party because of the 

misconduct for which the order for arrest was issued, and that party's costs and 

expenses in securing the order. The remainder of the penalty of the bond is paid 

into the treasury of the county in which the bond was taken, to the credit of the 

general fund.

(E) Prosecution on Bond by Attorney General or Prosecutor. If the court does not 

order an assignment as provided in (D), it shall order the breach prosecuted by the 

Attorney General or by the prosecuting attorney for the county in which the bond 

was taken, under MCR 3.604. The penalty recovered is to be paid into the treasury 

of the county in which the bond was taken, to the credit of the general fund.

Rule 3.607 Proceedings to Restore Lost Records or Papers in Courts of 

Record

(A) Application for Order. When a record or paper relating to an action or 

proceeding pending or determined in a Michigan court of record is lost, a person 

having an interest in its recovery may apply to the court having jurisdiction of the 

action or the record for an order that a duplicate of the lost record or paper be 

prepared and filed in the court.

(B) Manner of Proceeding; Notice to Interested Parties. The party making the 

application must show to the satisfaction of the court that the record or paper once 

existed and has been lost, without the fault or connivance, directly or indirectly, of 

the applicant. On that showing, the court shall direct the manner of proceeding to 

replace the lost item, and the notice to be given to parties interested in the 

application.

(C) Witnesses; Interrogatories. The court before which the application is pending 

may issue subpoenas for and compel the attendance of witnesses, or may compel 

witnesses to submit to examination on interrogatories and to establish facts 

relevant to the proceeding.

(D) Order; Effect of Duplicate. If the court is satisfied that the record or paper 

proposed as a substitute for the lost one exhibits all the material facts of the 

original, the court shall enter an order providing that the substitute record or paper

be filed or recorded with the officer who had custody of the original. During the 

continuance of the loss, the substituted record or paper has the same effect in all 

respects and in all places as the original.  

Rule 3.611 Voluntary Dissolution of Corporations

(A) Scope; Rules Applicable. This rule governs actions to dissolve corporations

brought under MCL 600.3501. The general rules of procedure apply to these 

actions, except as provided in this rule and in MCL 600.3501-600.3515.

(B) Contents of Complaint; Statements Attached. A complaint seeking voluntary 

dissolution of a corporation must state why the plaintiff desires a dissolution of the 

corporation, and there must be attached:

(1) an inventory of all the corporation's property;

(2) a statement of all encumbrances on the corporation's property;

(3) an account of the corporation's capital stock, specifying the names of the 

stockholders, their addresses, if known, the number of shares belonging to 

each, the amount paid in on the shares, and the amount still due on them;

(4) an account of all the corporation's creditors and the contracts entered into 

by the corporation that may not have been fully satisfied and canceled, 

specifying:

(a) the address of each creditor and of every known person with whom the 

contracts were made, if known, and if not known, that fact to be stated;

(b) the amount owing to each creditor;

(c) the nature of each debt, demand, or obligation; and

(d) the basis of and consideration for each debt, demand, or obligation; and

(5) the affidavit of the plaintiff that the facts stated in the complaint, accounts, 

inventories, and statements are complete and true, so far as the plaintiff knows 

or has the means of knowing.

(C) Notice of Action. Process may be served as in other actions, or, on the filing of 

the complaint, the court may order all persons interested in the corporation to show 

cause why the corporation should not be dissolved, at a time and place to be 

specified in the order, but at least 28 days after the date of the order. Notice of the 

contents of the order must be served by mail on all creditors and stockholders at 

least 28 days before the hearing date, and must be published once each week for 3 

successive weeks in a newspaper designated by the court.

(D) Hearing. At a hearing ordered under subrule (C), the court shall hear the 

allegations and proofs of the parties and take testimony relating to the property, 

debts, credits, engagements, and condition of the corporation. After the hearing, 

the court may dismiss the action, order the corporation dissolved, appoint a 

receiver, schedule further proceedings, or enter another appropriate order.

(E) Suits by Receiver. An action may be brought by the receiver in his or her own 

name and may be continued by the receiver's successor or co-receiver. An action 

commenced by or against the corporation before the filing of the complaint for

dissolution is not abated by the complaint or by the judgment of dissolution, but 

may be prosecuted or defended by the receiver. The court in which an action is 

pending may on motion order substitution of parties or enter another necessary 

order.

Rule 3.612 Winding Up of Corporation Whose Term or Charter Has Expired

(A) Scope; Rules Applicable. This rule applies to actions under MCL 450.1801 et 

seq. The general rules of procedure apply to these actions, except as provided in 

this rule and in MCL 450.1801 et seq.

(B) Contents of Complaint. The complaint must include:

(1) the nature of the plaintiff's interest in the corporation or its property, the 

date of organization of the corporation, the title and the date of approval of the 

special act under which the corporation is organized, if appropriate, and the 

term of corporate existence;

(2) whether any of the corporation's stockholders are unknown to the plaintiff;

(3) that the complaint is filed on behalf of the plaintiff and all other persons 

interested in the property of the corporation as stockholders, creditors, or 

otherwise who may choose to join as parties plaintiff and share the expense of 

the action;

(4) an incorporation by reference of the statements required by subrule (C);

(5) other appropriate allegations; and

(6) a demand for appropriate relief, which may include that the affairs of the 

corporation be wound up and its assets disposed of and distributed and that a 

receiver of its property be appointed.

(C) Statements Attached to Complaint. The complaint must have attached:

(1) a copy of the corporation's articles of incorporation, if they are on file with 

the Department of Commerce, and, if the corporation is organized by special 

act, a copy of the act;

(2) a statement of the corporation's assets, so far as known to the plaintiff;

(3) a statement of the amount of capital stock and of the amount paid in, as far 

as known, from the last report of the corporation on file with the Department of 

Commerce or, if none has been filed, from the articles of incorporation on file 

with the Department of Commerce, or the special legislative act organizing the 

corporation;

(4) if the corporation's stock records are accessible to the plaintiff, a list of the 

stockholders' names and addresses and the number of shares held by each, 

insofar as shown in the records;

(5) a statement of all encumbrances on the corporation's property, and all 

claims against the corporation, and the names and addresses of the 

encumbrancers and claimants, so far as known to the plaintiff; and

(6) a statement of the corporation's debts, the names and addresses of the 

creditors, and the nature of the consideration for each debt, so far as known to 

the plaintiff.

(D) Parties Defendant. The corporation must be made a defendant. All persons 

claiming encumbrances on the property may be made defendants. It is not 

necessary to make a stockholder or creditor of the corporation a defendant.

(E) Process and Order for Appearance; Publication.

(1) Process must be issued and served as in other civil actions or, on the filing 

of the complaint, the court may order the appearance and answer of the 

corporation, its stockholders, and creditors at least 28 days after the date of the 

order.

(2) The order for appearance must be published in the manner prescribed in 

MCR 2.106.

(3) When proof of the publication is filed and the time specified in the order for 

the appearance of the corporation, stockholders, and creditors has expired, an 

order may be entered taking the complaint as confessed by those who have not 

appeared.

(F) Appearance by Defendants.

(1) Within the time the order for appearance sets, the following persons may 

appear and defend the suit as the corporation might have:

(a) a stockholder in the corporation while it existed and who still retains 

rights in its property by owning stock;

(b) an assignee, purchaser, heir, devisee, or personal representative of a 

stockholder; or

(c) a creditor of the corporation, whose claim is not barred by the statute of 

limitations.

(2) All persons so appearing must defend in the name of the corporation.

(3) If a person other than the corporation has been named as a defendant in 

the complaint, that person must be served with process as in other civil actions.

(G) Subsequent Proceedings. So far as applicable, the procedures established in 

MCR 3.611 govern hearings and later proceedings in an action under this rule.

(H) Continuation of Proceeding for Benefit of Stockholder or Creditor. If the plaintiff 

fails to establish that he or she is a stockholder or creditor of the corporation, the 

action may be continued by another stockholder or creditor who has appeared in 

the action.

Rule 3.613 Change of Name

(A) Published Notice, Contents. A published notice of a proceeding to change a 

name shall include the name of the petitioner; the current name of the subject of 

the petitioner; the proposed name; and the time, date and place of the hearing.

(B) Minor's Signature. A petition for a change of name by a minor need not be 

signed in the presence of a judge.

(C) Notice to Noncustodial Parent. Service on a noncustodial parent of a minor who 

is the subject of a petition for change of name shall be made in the following 

manner.

(1) Address Known. If the noncustodial parent's address or whereabouts is 

known, that parent shall be served with a copy of the petition and a notice of 

hearing.

(2) Address Unknown. If the noncustodial parent's address or whereabouts is 

not known and cannot be ascertained after diligent inquiry, that parent shall be 

served with a notice of hearing by publishing in a newspaper and filing a proof 

of service as provided by MCR 2.106(F) and (G). The notice must be published 

one time at least 14 days before the date of the hearing, must include the 

name of the noncustodial parent and a statement that the result of the hearing 

may be to bar or affect the noncustodial parent's interest in the matter, and 

that 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. A 

notice published under this subrule need not set out the contents of the petition 

if it contains the information required under subrule (A). A single publication 

may be used to notify the general public and the noncustodial parent whose 

address cannot be ascertained if the notice contains the noncustodial parent's 

name.

(D) Consultation with Minor, Presumption. A child 7 years of age and under is 

presumed not of sufficient age to be consulted concerning a preference on change 

of name. 

(E) Confidential Records. In cases where the court orders that records are to be 

confidential and that no publication is to take place, records are to be maintained in 

a sealed envelope marked confidential and placed in a private file. Except as 

otherwise ordered by the court, only the original petitioner may gain access to 

confidential files, and no information relating to a confidential record, including 

whether the record exists, shall be accessible to the general public.

Rule 3.614 Health Threats to Others

(A) Public Health Code, Application. Except as modified by this rule, proceedings 

relating to carriers of contagious diseases who pose threats to the health of others 

under part 52 of the public health code are governed by the rules generally 

applicable to civil proceedings.

(B) Service of Papers. The moving party is responsible for service when service is 

required.

(C) Interested Parties. The interested parties in a petition for treatment of 

infectious disease are the petitioner and the respondent.

(D) Commitment Review Panel.

(1) Appointment. On receipt of a petition for treatment of infectious disease 

which requests that the individual be committed to an appropriate facility, the

Court shall forthwith appoint a Commitment Review Panel from a list of 

physicans prepared by the Department of Public health.

(2) Respondent's Choice of Physican. On motion of the respondent requesting 

that a specific physician be appointed to the Commitment Review Panel, the 

Court shall appoint the physician so requested, unless the physician refuses. If 

the individual is unable to pay such physician , the court shall pay such 

physician a reasonable fee comparable with fees paid to other court appointed 

experts. On appointment of the requested physician, the Court shall discharge 

one of the initially appointed physicians.

(3) The Commitment Review Panel shall make written recommendations to the 

Court prior to the date of hearing on the petition. The recommendations shall 

be substantially in a form approved by the State Court Administrator.

(E) Commitment to Facility.

(1) Renewal of Order of Commitment. A motion for continuing commitment 

shall be filed at least 14 days prior to the expiration of the order of 

commitment. The motion shall be made by the director of the commitment 

facility or the director's designee. The court shall conduct a hearing on the 

motion prior to the expiration of the existing order of commitment. Notice shall 

be given as on the initial petition and to the local department of public health. 

The court shall reconvene the respondent's Commitment Review Panel. At the 

hearing, the petitioner must show good cause for continued commitment in the 

facility. No order of commitment shall exceed 6 months in length.

(2) Reevaluation at Request of Respondent. Once within any six-month period 

or more often by leave of the court, an individual committed to a facility for 

treatment of an infectious disease may file in the court a petition for a new 

Commitment Review Panel recommendation on whether the patient's 

commitment should be terminated. Within 14 days after receipt of the report of 

the reconvened Commitment Review Panel, the court shall review the panel's 

report and enter an order. The court may modify, continue or terminate its 

order of commitment without a hearing.

Rule 3.615 Parental Rights Restoration Act Proceedings

(A) Applicable Rules. A proceeding by a minor to obtain a waiver of parental 

consent for an abortion shall be governed by the rules applicable to civil 

proceedings except as modified by this rule.

(B) Confidentiality, Use of Initials, Private File, Reopening.

(1) The court shall assure the confidentiality of the file, the assistance given the 

minor by court personnel, and the proceedings.

(2) If requested by the minor, the title of the proceeding shall be by initials or 

some other means of assuring confidentiality. At the time the petition is filed, 

the minor shall file a Confidential Information Sheet listing the minor's name, 

date of birth, permanent residence, title to be used in the proceeding and the 

method by which the minor may be reached during the pendency of the 

proceeding. The Confidential Information Sheet and all other documents

containing identifying information shall be sealed in an envelope marked 

confidential on which the case number has been written and placed in a private 

file. Confidential information shall not be entered into a computer file.

(3) The court shall maintain only one file of all papers for each case. The file 

shall be inspected only by the judge, specifically authorized court personnel, the 

minor, her attorney, her next friend, the guardian ad litem, and any other 

person authorized by the minor. After the proceedings are completed, the file 

may be opened only by order of the court for good cause shown and only for a 

purpose specified in the order of the court.

(4) The file of a completed case shall not be destroyed until two years after the 

minor has reached the age of majority. The court shall not microfilm or 

otherwise copy the file.

(C) Advice of Rights, Method of Contact.

(1) If a minor seeking a waiver of parental consent makes first contact with the 

court by personal visit to the court, the court shall provide a written notice of 

rights and forms for a petition for waiver of parental consent, a confidential 

information sheet, and a request for appointment of an attorney, each 

substantially in the form approved by the state court administrator.

(2) If a minor seeking a waiver of parental consent makes first contact with the 

court by telephone, the court shall tell the minor that she can receive a notice 

of rights and forms for a petition, a confidential information sheet, and a 

request for appointment of an attorney by coming to the court or that the court 

will mail such forms to the minor. If the minor requests that the court mail the 

forms, the court shall mail the forms within 24 hours of the telephone contact 

to an address specified by the minor.

(3) Any person on personal visit to the court shall be given, on request, a copy 

of the notice of rights or any other form.

(D) Assistance with Preparation of Petition. On request of the minor or next friend, 

the court shall provide the minor with assistance in preparing and filing of a 

petition, confidential information sheet and request for appointment of an attorney, 

each substantially in the form approved by the state court administrator.

(E) Next Friend. If the minor proceeds through a next friend, the petitioner shall 

certify that the next friend is not disqualified by statute and that the next friend is 

an adult. The next friend may act on behalf of the minor without prior appointment 

of the court and is not responsible for the costs of the action.

(F) Attorney, Request, Appointment, Duties.

(1) At the request of the minor or next friend before or after filing the petition, 

the court shall immediately appoint an attorney to represent the minor. The 

request shall be in writing in substantially the form approved by the state court 

administrator. Except for good cause stated on the record, the court shall 

appoint an attorney selected by the minor if the minor has secured the 

attorney's agreement to represent her or the attorney has previously indicated 

to the court a willingness to be appointed.

(2) If it deems necessary, the court may appoint an attorney to represent the 

minor at any time.

(3) The minor shall contact the court appointed attorney within 24 hours of 

such appointment. The court shall advise the minor of this requirement.

(4) If an attorney is appointed to represent a minor prior to filing a petition, the 

attorney shall consult with the minor within 48 hours of appointment.

(G) Guardian Ad Litem, Appointment, Duties.

(1) Request of Minor. The court shall immediately appoint a guardian ad litem 

to represent the minor at the request of the minor or next friend before or after 

filing the petition.

(2) Appointment on Court's Motion.

(a) At any time if it deems necessary, the court may appoint a guardian ad 

litem to assist the court.

(b) The guardian ad litem may obtain information by contacting the minor 

and other persons with the consent of the minor, provided the 

confidentiality of the proceedings is not violated.

(H) Filing Petition, Setting Hearing, Notice of Hearing.

(1) The petition shall be filed in person by the minor, attorney or next friend.

(2) The court shall set a time and place for a hearing and notify the filer at the 

time the petition is filed. The court shall give notice of the hearing only to the 

minor, the minor's attorney, next friend and guardian ad litem. Notice of 

hearing may be oral or written and may be given at any time prior to the 

hearing. The hearing may be scheduled to commence immediately if the minor 

and her attorney, if any, are ready to proceed.

(3) Insofar as practical, at the minor's request the hearing shall be scheduled at 

a time and place that will not interfere with the minor's school attendance.

(I) Venue, Transfer. Venue is in the county of the minor's residence or where the 

minor is found at the time of the filing of the petition. Transfer of venue properly 

laid shall not be made without consent of the minor.

(J) Hearing.

(1) Burden and Standard of Proof. The petitioner has the burden of proof by 

preponderance of the evidence and must establish the statutory criteria at a 

hearing.

(2) Closed Hearing. The hearing shall be closed to the public. The court shall 

limit attendance at the hearing to the minor, the minor's attorney, the next 

friend, the guardian ad litem, persons who are called to testify by the minor or 

with the minor's consent, necessary court personnel and one support person 

who would not be disqualified as a next friend by MCL 722.902(d).

(3) All relevant and material evidence may be received.

(4) The hearing may be conducted informally in the chambers of a judge.

(5) The hearing shall commence and be concluded within 72 hours, excluding 

Sundays and holidays, of the filing of the petition, unless the minor consents to 

an adjournment. The order of the court shall be issued within 48 hours, 

excluding Sundays and holidays, of the conclusion of the hearing.

(K) Order.

(1) Order Granting Waiver, Duration, Effect. If the petition is granted, the court 

immediately shall provide the minor with two certified copies of the order 

granting waiver of parental consent. The order shall be valid for 90 days from 

the date of entry. Nothing in the order shall require or permit an abortion that 

is otherwise prohibited by law.

(2) Order Denying Waiver, Notice of Appeal, Appointment of Counsel, 

Preparation of Transcript. If the order denies relief, the court shall endorse the 

time and date on the order. The order shall be served on the minor's attorney 

or, if none, the minor along with

(a) a unified appellate document substantially in the form approved by the 

state court administrator which may be used as notice of appeal, claim of 

appeal, request for appointment of an attorney and order of transcript, and

(b) a notice that, if the minor desires to appeal, the minor must file the 

notice of appeal with the court within 24 hours.

(3) Appeal.

(a) Upon receipt of a timely notice of appeal, the court must appoint 

counsel and order that the transcript be prepared immediately and two 

copies filed within 72 hours. If the minor was represented by counsel in the 

court proceedings, the court must reappoint the same attorney unless there 

is good cause for a different appointment. As soon as the transcript is filed, 

the court shall forward the file to the Court of Appeals.

(b) Time for filing notice.

(1) If the order was entered at the conclusion of the hearing or at any 

other time when the minor's attorney or, if none, the minor was in 

attendance at court, the minor must file the notice of appeal within 24 

hours of the date and time stamped on the order, or

(2) If the order was entered at any other time, the minor must file the 

notice of appeal within 24 hours of the time when the order was 

received by the minor's attorney or, if none, the minor.

(c) If a court in which a document is to be filed is closed for business at the 

end of a filing period, the document will be filed on a timely basis if filed 

during the morning of the next day when the court is open for business.

(d) Perfection of Appeal. The minor's attorney must perfect the appeal by 

filing in the Court of Appeals a claim of appeal and a copy of the order 

denying waiver. The appeal must be perfected within 72 hours, excluding 

Sundays and holidays, of the filing of the notice of appeal.

(e) Brief. The minor's attorney shall file at the time of perfecting appeal five 

copies of the brief on appeal. The brief need not contain citations to the 

transcript.

(f) Oral Argument. There will be no oral argument, unless ordered by the 

Court of Appeals.