Rule 7.306 - Original Proceedings(A) Superintending Control. A complaint may be filed to invoke the Supreme Court's superintending control power:(1) over a lower court or tribunal, including the Attorney Discipline Board, when an application for leave to appeal could not have been filed under MCR 7.305, or(2) over the Board of Law Examiners or the Attorney Grievance Commission. When a dispute regarding court operations arises between judges within a court that would give rise to a complaint under this rule, the judges shall participate in mediation as provided through the State Court Administrator's Office before filing such a complaint. The mediation shall be conducted in compliance with MCR 2.411(C)(2).
(B) A complaint may be filed to invoke the Supreme Court's original jurisdiction under Const 1963, art 4, §6(19).(C) What to File. To initiate an original proceeding, a plaintiff must file with the clerk: (1) 1 signed copy of a complaint prepared in conformity with MCR 2.111(A) and (B) and entitled, for example, "[Plaintiff] v [Court of Appeals, Board of Law Examiners, Attorney Discipline Board, Attorney Grievance Commission, or Independent Citizens Redistricting Commission]."
The clerk shall retitle a complaint that is named differently.
(2) 1 signed copy of a brief conforming as nearly as possible to MCR 7.212(B) and (C);(3) proof that the complaint and brief were served on the defendant, and, for a complaint filed against the Attorney Discipline Board or Attorney Grievance Commission, on the respondent in the underlying discipline matter; for purposes of a complaint filed under Const 1963, art 4, §6(19), service of a copy of the complaint and brief shall be made on any of the following persons: (1) the chairperson of the Independent Citizens Redistricting Commission; (2) the secretary of the Independent Citizens Redistricting Commission or (3) upon an individual designated by the Independent Citizens Redistricting Commission or Secretary of State as a person to receive service. Service shall be verified by the Clerk of the Court; and(4) the fee provided by MCR 7.319(C)(1). Copies of relevant documents, record evidence, or supporting affidavits may be attached as exhibits to the complaint.
(D) Answer. (1) A defendant in an action filed under Const 1963, art 4, §6(19) must file the following with the clerk within 7 days after service of the complaint and supporting brief, unless the Court directs otherwise: (a) 1 signed copy of an answer in conformity with MCR 2.111(C);(b) 1 signed copy of a supporting brief in conformity with MCR 7.212(B) and (D); and(c) Proof that a copy of the answer and supporting brief was served on the plaintiff.(2) In all other original actions, the defendant must file the following with the clerk within 28 days after service of the complaint and supporting brief, unless the Court directs otherwise: (a) 1 signed copy of an answer in conformity with MCR 7.212(B) and (D). The grievance administrator's answer to a complaint against the Attorney Grievance Commission must show the investigatory steps taken and any other pertinent information.(b) Proof that a copy of the answer was served on the plaintiff.(E) Brief by Respondent in Action Against Attorney Grievance Commission or Attorney Discipline Board. A respondent in an action against the Attorney Grievance Commission or Attorney Discipline Board may file a response brief with the clerk within 28 days after service of the complaint, and a proof that a copy of the response brief was served on plaintiff and defendant. A response brief filed under this subsection shall conform to MCR 7.212(B) and (D).(F) Reply Brief. 1 signed copy of a reply brief may be filed as provided in MCR 7.305(E). In an action filed under Const 1963, art 4, §6(19), a reply brief may be filed within 3 days after service of the answer and supporting brief, unless the Court directs otherwise.(G) Actions Against Attorney Grievance Commission; Confidentiality. The clerk shall keep the file in an action against the Attorney Grievance Commission or the grievance administrator confidential and not open to the public if it appears that the complaint relates to matters that are confidential under MCR 9.126. In the answer to a complaint, the grievance administrator shall certify to the clerk whether the matters involved in the action are deemed confidential under MCR 9.126. The protection provided in MCR 9.126 continues unless and until the Court orders otherwise.(H) Nonconforming Pleading. On its own initiative or on a party's motion, the Court may order a party who filed a pleading that does not substantially comply with the requirements of this rule to file a conforming pleading within a specified time or else it may strike the nonconforming pleading. The submission to the clerk of a nonconforming pleading does not satisfy the time limitation for filing the pleading if it has not been corrected within the specified time.(I) Submission and Argument. Original proceedings may be submitted for a decision after service of the reply brief or the time for filing a reply brief has expired, whichever occurs first. There is no oral argument on an original complaint unless ordered by the Court.(J) Decision. The Court may set the case for argument as a calendar case, grant or deny the relief requested, or provide other relief that it deems appropriate, including an order to show cause why the relief sought in the complaint should not be granted. Adopted May 27, 2015, effective 9/1/2015; amended May 25, 2016, effective 9/1/2016; May 31, 2017, effective 9/1/2017; amended September 27, 2017, effective 1/1/2018; amended effective 3/21/2018; amended October 27, 2021, effective 10/27/2021; amended May 18, 2022, effective 5/18/2022.