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.