Rule 7.206 - Extraordinary Writs, Original Actions, and Enforcement Actions(A) General Rules of Pleading. Except as otherwise provided in this rule, the general rules of pleading apply as nearly as practicable. See MCR 1.109 and 2.111-2.113.(B) Superintending Control, Mandamus, and Habeas Corpus. To the extent that they do not conflict with this rule, the rules in subchapter 3.300 apply to actions for superintending control, mandamus, and habeas corpus.(C) Quo Warranto. In a quo warranto action, the Attorney General also must be served with a copy of each pleading and document filed in the Court of Appeals. The Attorney General has the right to intervene as a party on either side.(D) Actions for Extraordinary Writs and Original Actions.(1) Filing of Complaint. To commence an original action, the plaintiff must file with the clerk:(a) a complaint, which may have supporting documents or affidavits attached;(b) a supporting brief conforming to MCR 7.212(B) and (C) to the extent possible;(c) proof that a copy of each of the filed documents was served on every defendant and, in a superintending control action, on any other party involved in the case that gave rise to the complaint for superintending control; and(2) Answer. A defendant or any other interested party must file with the clerk within 21 days of service of the complaint: (a) an answer to the complaint, which may have supporting documents or affidavits attached;(b) a supporting brief conforming to MCR 7.212(B) and (D) to the extent possible; and(c) proof that a copy of each of the filed documents was served on the plaintiff and any other interested party.(3) Preliminary Hearing. There is no oral argument on preliminary hearing of a complaint. The court may deny relief, grant peremptory relief, or allow the parties to proceed to full hearing on the merits in the same manner as an appeal of right either with or without referral to a judicial circuit or tribunal or agency for the taking of proofs and report of factual findings. If the case is ordered to proceed to full hearing, the time for filing a brief by the plaintiff begins to run from the date the order allowing the case to proceed is certified or the date the transcript or report of factual findings on referral is filed, whichever is later. The plaintiff's brief must conform to MCR 7.212(B) and (C). An opposing brief must conform to MCR 7.212(B) and (D). In a habeas corpus proceeding, the prisoner need not be brought before the Court of Appeals.(E) Actions to Enforce the Headlee Amendment, Under Const 1963, art 9, §32. (1) Filing of Complaint. To commence an action under Const 1963, art 9, §32, the plaintiff must file with the clerk:(a) a complaint, which conforms with the special pleading requirements of MCR 2.112(M) and indicates whether there are any factual questions that are anticipated to require resolution by the court and whether the plaintiff anticipates the need for discovery and the development of a factual record;(b) a supporting brief conforming to MCR 7.212(B) and (C) to the extent possible;(c) proof that a copy of each of the filed documents was served on every defendant and the office of the attorney general; and(2) Answer. A defendant must file with the clerk within 21 days of service of the complaint: (a) an answer to the complaint, which conforms with the special pleading requirements of MCR 2.112(M) and indicates whether there are any factual questions that are anticipated to require resolution by the court and whether a defendant anticipates the need for discovery and the development of a factual record;(b) a supporting brief conforming to MCR 7.212(B) and (C) to the extent possible;(c) proof that a copy of each of the filed documents was served on every plaintiff.(3) Subsequent proceedings. Following receipt of the answer:(a) the clerk must promptly select a panel of the court by random draw and assign that panel to commence proceedings in the suit; and(b) the panel of the court may deny relief or grant peremptory relief without oral argument; or(c) if the panel of the court determines that the issues framed in the parties' pleadings and supporting briefs solely present jurisprudentially significant questions of law, the panel must direct that the suit proceed to a full hearing on the merits in the same manner as an appeal of right and notify the parties of the date for the filing of supplemental briefs, if such briefs are determined to be necessary, and of the date for oral argument, which must be on an expedited basis; or(d) if the panel of the court determines that the issues framed in the parties' pleadings and supplemental briefs present factual questions for resolution, the panel must refer the suit to a judicial circuit for the purposes of holding pretrial proceedings, conducting a hearing to receive evidence and arguments of law, and issuing a written report for the panel setting forth proposed findings of fact and conclusions of law. The proceedings before the circuit court must proceed as expeditiously as due consideration of the circuit court's docket, facts and issues of law requires. Following the receipt of the report from the circuit court, the panel must notify counsel for the parties of the schedule for filing briefs in response to the circuit court's report and of the date for oral argument, which must be on an expedited basis.(F) Enforcement of Administrative Tribunal or Agency Orders.(1) Complaint. To obtain enforcement of a final order of an administrative tribunal or agency, the plaintiff must file with the clerk within the time limit provided by law: (a) a complaint concisely stating the basis for relief and the relief sought;(b) the order sought to be enforced;(c) a supporting brief conforming to MCR 7.212(B) and (C) to the extent possible;(d) proof that a copy of each of the filed documents was served on the defendant, the agency (unless the agency is the plaintiff), and any other interested party;(e) the certified tribunal or agency record or evidence the plaintiff has requested that the certified record be sent to the Court of Appeals; and(2) Answer. A defendant or any other interested party must file with the clerk within 21 days of service of the complaint:(a) an answer to the complaint;(b) a supporting brief conforming to MCR 7.212(B) and (D) to the extent possible; and(c) proof that a copy of each of the filed documents was served on the plaintiff, the agency, and any other interested party.(3) Preliminary Hearing. There is no oral argument on preliminary hearing of a complaint. The court may deny relief, grant peremptory relief, or allow the parties to proceed to full hearing on the merits in the same manner as an appeal of right. If the case is ordered to proceed to full hearing, the time for filing of a brief by the plaintiff begins to run from the date the clerk certifies the order allowing the case to proceed. The plaintiff's brief must conform to MCR 7.212(B) and (C). An opposing brief must conform to MCR 7.212(B) and (D). The case is heard on the certified record transmitted by the tribunal or agency. MCR 7.210(A)(2), regarding the content of the record, applies.Amended August 30, 2018, effective 9/1/2018.