Rule 7.306 Original Proceedings

(A)   When Available. A complaint may be filed to invoke the Supreme Court’s superintending control power

(1)   over a lower court or tribunal when an application for leave to appeal could not have been filed under MCR 7.305, or

(2)   over the Board of Law Examiners, the Attorney Discipline Board, or the Attorney Grievance Commission.

(B)   What to File. To initiate an original proceeding, a plaintiff must file with the clerk

(1)   4 copies of a complaint (1 signed) prepared in conformity with MCR 7.212(B) and entitled, for example,

“[Plaintiff] v [Court of Appeals, Board of Law Examiners, Attorney Discipline Board, or Attorney Grievance Commission].”

The clerk shall retitle a complaint that is named differently.

(2)   4 copies of a brief (1 signed) conforming as nearly as possible to MCR 7.212(B) and (C);

(3)   proof that a copy of the complaint and brief was served on the defendant; 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.

(C)   Answer. The defendant must file the following with the clerk within 21 days of notice of the complaint:

(1)   Four copies of an answer and a brief (1 signed) conforming 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.

(2)   Proof that a copy of the answer was served on the plaintiff.

(D)   Reply. 4 copies of a reply brief (1 signed) may be filed as provided in MCR 7.212(G).

(E)   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.

(F)   Nonconforming Pleading. On its own initiative or on a party’s motion, the Court may order a plaintiff who filed a complaint or supporting brief or a defendant who filed an answer 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.

(G)   Submission and Argument. Original proceedings may be submitted for a decision after the reply brief has been filed or the time for filing a reply brief has expired, whichever occurs first. There is no oral argument on original complaints unless ordered by the Court.

(H)   Decision. The Court may set the case for argument as on leave granted, 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.