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.