Rule 3.601 Public Nuisances

(A) Procedure to Abate Public Nuisance. Actions to abate public nuisances are governed by the general rules of procedure and evidence applicable to nonjury actions, except as provided by the statutes covering public nuisances and by this rule.

(B) Default; Hearing; Notice and Time. If a defendant fails to answer within the time provided, his or her default may be taken. On answer of a defendant or entry of a defendant's default, a party other than a defendant in default may notice the action for hearing on 7 days' notice. Hearings in actions under this rule take precedence over actions that are not entitled to priority by statute or rule and may be held at the time they are noticed without further pretrial proceedings.

(C) Motions; Hearing. Motions by the defendant filed and served with the answer are heard on the day of the hearing of the action.

(D) Entry of Order or Judgment; Preliminary Injunction.

(1) On the day noticed for hearing, the court shall hear and determine the disputed issues and enter a proper order and judgment.

(2) If the hearing is adjourned at the defendant's request, and the court is satisfied by affidavit or otherwise that the allegations in the complaint are true and that the plaintiff is entitled to relief, an injunction as requested may be granted, to be binding until further order.

(3) If service is not obtained on all of the defendants named in the complaint, the court has jurisdiction to hear the action and enter a proper order of abatement and judgment against those defendants who have been served. The order and judgment may not adversely affect the interests of the defendants who have not been served.

(E) Temporary Restraining Order. If a preliminary injunction is requested in the complaint and the court is satisfied by affidavit or otherwise that the material allegations are true, and that the plaintiff is entitled to relief, it may issue a temporary restraining order in accordance with MCR 3.310(B), restraining the defendant from conducting, maintaining, and permitting the continuance of the nuisance and from removing or permitting the removal of the liquor, furniture, fixtures, vehicles, or other things used in the maintenance of the nuisance, until the final hearing and determination on the complaint or further order.

(F) Substitution for Complaining Party. The court may substitute the Attorney General or prosecuting attorney for the complaining party and direct the substituted officer to prosecute the action to judgment.

(G) Further Orders of Court. The court may enter other orders consistent with equity and not inconsistent with the provisions of the statute and this rule.