Rule 3.302.Superintending Control
Subchapter 3.300 — Extraordinary Writs · Last verified September 5, 2026
Full Text of Rule 3.302
Plain-English Summary
Superintending control is how one court reaches down and directs another. Subrule (A) describes the order as the enforcement of a court's superintending control power over lower courts or tribunals. Most of the rule's length is spent keeping that power from swallowing ordinary appellate review.
The availability bar
Subrule (B) states the policy in one line: if another adequate remedy is available to the party seeking the order, a complaint for superintending control may not be filed. It points the reader to subrule (D)(2) and to MCR 7.306(A).
Subrule (D)(2) puts the same idea in operational terms. When an appeal is available in the Supreme Court, the Court of Appeals, or the circuit court, that method of review must be used, and a complaint for superintending control filed anyway must be dismissed. Taken together, these two subrules make the threshold question in every superintending control case the same one: does an appeal exist?
What the order replaced
Subrule (C) folds older forms of relief into a single one. A superintending control order replaces the writs of certiorari and prohibition, and it replaces the writ of mandamus when that writ is directed to a lower court or tribunal. The qualifier matters. Mandamus keeps its own life when the target is something other than a lower court or tribunal.
Who can issue it
Subrule (D)(1) gives the Supreme Court, the Court of Appeals, and the circuit court jurisdiction to issue superintending control orders to lower courts or tribunals.
Procedure in circuit court
Subrule (E) supplies the mechanics for the circuit court, and they depart from ordinary civil practice in a way that catches people out. Under subrule (E)(1) the plaintiff files a complaint, and only the plaintiff's name may appear in the title of the action, for example In re Smith. The plaintiff serves a copy on the court or tribunal over which control is sought, and if the action arises out of a particular case, on each other party to the proceeding in that court or tribunal.
Anyone served may file an answer within 21 days after the complaint is served, under subrule (E)(2). Subrule (E)(3)(a) then gives the court three choices once an answer is filed or the time to answer has run:
- issue an order to show cause why the requested order should not be issued;
- issue the order requested; or
- dismiss the complaint.
The rest of subrule (E)(3) adds flexibility and one requirement. If a need for immediate action is shown, the court may enter an order before an answer is filed. The court may direct in an order to show cause that additional records and documents be filed. And an order to show cause must specify the date for hearing the complaint.
Frequently Asked Questions
When can a party file a complaint for superintending control in Michigan?
Only when no other adequate remedy is available. Subrule (B) forbids the filing if another adequate remedy exists, and subrule (D)(2) requires dismissal of a complaint filed where an appeal is available in the Supreme Court, the Court of Appeals, or the circuit court.
How is a superintending control case captioned?
With the plaintiff's name alone. Subrule (E)(1) directs that only the plaintiff's name appear in the title of the action and gives the example In re Smith. The lower court or tribunal is served but is not named in the caption.
How long does someone served with a superintending control complaint have to answer?
Anyone served under subrule (E)(1) may file an answer within 21 days after the complaint is served, under subrule (E)(2). An answer is permitted rather than required, and if none is filed the court may act once that period expires.
Which Michigan courts can issue a superintending control order?
Subrule (D)(1) gives that jurisdiction to the Supreme Court, the Court of Appeals, and the circuit court, in each case over lower courts or tribunals.
Does superintending control replace the writ of mandamus?
Partly. Subrule (C) says a superintending control order replaces certiorari and prohibition, and replaces mandamus when the writ is directed to a lower court or tribunal. Mandamus aimed elsewhere is unaffected by that subrule.
Can the court act before an answer is filed?
Yes, on a showing of urgency. Subrule (E)(3)(b) allows the court to enter an order before an answer is filed if a need for immediate action is shown.