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) The following actions must be initiated only in the Supreme Court as an original proceeding and in accordance with this rule:

(1) An action for judicial review under MCL 168.46.

(2) An action for judicial review under MCL 168.845a.

(D) What to File. Service provided under this subrule must be verified by the clerk. To initiate an original proceeding, a plaintiff must file with the clerk all of the following:

(1) 1 signed copy of a complaint prepared in conformity with MCR 2.111(A) and (B). Example titles include: “[Plaintiff] v [Court of Appeals, Governor [NAME], Board of State Canvassers, 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

(a) for a complaint filed against the Attorney Discipline Board or Attorney Grievance Commission, on the respondent in the underlying discipline matter;

(b) 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:

(i) the chairperson of the Independent Citizens Redistricting Commission,

(ii) the secretary of the Independent Citizens Redistricting Commission, or

(iii) upon an individual designated by the Independent Citizens Redistricting Commission or Secretary of State as a person to receive service.

(c) for purposes of a complaint filed under MCL 168.46, service of a copy of the complaint and brief shall be made on the defendant(s) and all of the following persons if not named as a defendant:

(i) the presidential and vice presidential candidates who were certified or determined by the board of state canvassers to be the winners of the presidential election,

(ii) the chairperson of the board of state canvassers,

(iii) the attorney general, and

(iv) the secretary of state. A complaint filed under MCL 168.46 must be filed with the Court within 24 hours after the governor’s certification of the completed recount but no later than 8:00 a.m. on the day before the electors of President and Vice President are required to convene pursuant to MCL 168.47.

(d) for purposes of a complaint filed under MCL 168.845a, service of a copy of the complaint and brief shall be made on the defendant(s) and all of the following persons if not named as a defendant:

(i) the presidential and vice presidential candidates who were certified or determined by the board of state canvassers to be the winners of the presidential election,

(ii) the governor,

(iii) the attorney general, and

(iv) the secretary of state. A complaint filed under MCL 168.845a must be filed with the Court within 48 hours after the certification or determination of the results of a presidential election and must name the board of state canvassers as a defendant.

(4) The fees provided by MCR 7.319(D)(1) and MCL 600.1986(1)(a). Copies of relevant documents, record evidence, or supporting affidavits may be attached as exhibits to the complaint.

(E) 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) A defendant in an action challenging a certification or ascertainment after recount under MCL 168.46 must file the following with the clerk within 24 hours of the complaint being filed or by 12 p.m. on the day before the electors of President and Vice President are required to convene pursuant to MCL 168.47, whichever is earlier, 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.

(3) A defendant in an action filed under MCL 168.845a must file the following with the clerk within 48 hours 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 and any intervenors.

(4) 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.

(F) 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).

(G) 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. In an action filed under MCL 168.845a, a reply brief may be filed within 1 day after service of the answer and supporting brief, unless the Court directs otherwise. A plaintiff may not file a reply brief in an action for judicial review under MCL 168.46.

(H) Notice of Intervention and Brief. In an action filed under MCL 168.845a(1), the governor, attorney general, secretary of state, and the winner of the presidential election may intervene by filing a notice of intervention and brief in support of or opposition to the complaint within 48 hours after service of the complaint and supporting brief.

(I) 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.

(J) 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.

(K) 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.

(L) 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. To have conclusive effect in an action for judicial review under MCL 168.46, the Court’s final order must be issued no later than 4 p.m. the day before the electors for President and Vice President of the United States convene under MCL 168.47. To have conclusive effect in an action for judicial review under MCL 168.845a, the Court’s final order must be issued no later than the day before the electors for President and Vice President of the United States convene under MCL 168.47.