Rule 3.206.Initiating a Case

MCR 3.206 is the intake rule for subchapter 3.200. It fixes the content of the case initiating document, adds the forms that travel with it, and builds the financial disclosure regime that shapes early discovery.

What the case initiating document must say

Form, captioning, signing, and verifying come from MCR 1.109(D) and (E). Beyond that, and except for matters made confidential by statute or court rule, subrule (A)(2) requires the allegations and residence information required by statute, plus the complete names of any minors involved, including all minor children of the parties and all minor children born during the marriage. A divorce complaint must also give the ages of all children born of the marriage.

Subrule (A)(4) adds requirements for divorce, separate maintenance, annulment, and affirmation of marriage, whatever the parties contend about the marriage's existence or validity. The complaint must state the parties' names before the marriage, whether there are minor children of the parties or born during the marriage, whether a party is pregnant, the factual grounds, and whether there is property to be divided. In divorce and separate maintenance the grounds must be in the statutory language, without further particulars.

Two pleading burdens follow. A party requesting spousal support must allege facts showing a need and the other party's ability to pay. A party seeking personal or property protection, including injunctions against domestic violence, must allege facts sufficient to support the relief requested.

Case inventory and jurisdiction affidavit

Subrule (A)(3) requires a case inventory listing any pending or resolved family division or tribal court case involving family members of those named in the case initiating document, if known, on a form approved by the State Court Administrative Office. It is confidential, not subject to service, and available only to the filing party, that party's attorney, the court, and the friend of the court. The inventory requirement does not reach outgoing requests to other states or incoming registration actions filed under the Revised Uniform Reciprocal Enforcement of Support Act or the Uniform Interstate Family Support Act. Subrule (B) adds a Uniform Child Custody Jurisdiction Enforcement Act affidavit wherever custody or parenting time is to be determined or modified.

Verified statement and financial disclosure

In an action involving a minor, or where child or spousal support is requested, subrule (C)(1) requires the party seeking relief to give the friend of the court a verified statement carrying personal identifying, financial, and health care coverage information for the parties and minor children, and to serve a copy on the other party.

Subrule (C)(2) reaches further. Unless the parties waive it in writing, or a settlement agreement, consent judgment of divorce, or other final order disposing of the case is signed by both at filing, each party must serve a Verified Financial Information Form within 28 days after service of the defendant's initial responsive pleading. Where a self-represented party's address is undisclosed because of domestic violence, the forms are exchanged at the first scheduled matter involving the parties, or in another manner the court specifies or the parties stipulate to. A victim of domestic violence, sexual assault, or stalking by another party may omit information pointing to where the victim lives or works or where a minor child may be found. Failure to serve the form may be addressed by the court or by motion consistent with MCR 2.313, and a proof of service must be filed when the forms are served.

Both forms are confidential under (C)(3), and their information goes only to the court, the parties, or the attorneys for the parties absent a court order. Addresses of a party and minors may be left out of the served copies for good cause, but the omitting party must submit to electronic filing and service under MCR 1.109(G) or supply an alternative address. Subrule (C)(4) requires a party who leaves out any required information to explain why, in the form itself or in a separate verified statement filed by the form's due date. Subrule (C)(6) excuses compliance with (C)(1) and (C)(2) where the action is to establish paternity or child support and the pleadings are generated from Michigan's automated child support enforcement system.

Attorney fees

Subrule (D) lets a party ask at any time, including after judgment, that the other party pay all or part of the attorney fees and expenses related to the action or to a specific proceeding. The request must allege either an inability to bear the expense of the action, including appropriate discovery, while the other party can pay, or that the fees followed the other party's refusal to obey a previous order despite being able to, or discovery practices violating these rules.