Rule 3.303.Habeas Corpus to Inquire Into Cause of Detention

Subchapter 3.300 — Extraordinary Writs · Last verified September 5, 2026

In one sentenceMCR 3.303 governs an action for habeas corpus testing the cause of a person's detention, from where the complaint may be filed through the writ, service, the answer, and a summary hearing.

Full Text of Rule 3.303

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(A) Jurisdiction and Venue; Persons Detained on Criminal Charges.

(1) An action for habeas corpus to inquire into the cause of detention of a person may be brought in any court of record except the probate court.

(2) The action must be brought in the county in which the prisoner is detained. If it is shown that there is no judge in that county empowered and available to issue the writ or that the judicial circuit for that county has refused to issue the writ, the action may be brought in the Court of Appeals.

(3) A prisoner detained in a county jail for a criminal charge, who has not been sentenced to detention by a court of competent jurisdiction, may be removed from detention by a writ of habeas corpus to inquire into the cause of detention only if the writ is issued by the court in which the prisoner would next appear if the criminal process against the prisoner continued, or by the judicial circuit for the county in which the prisoner is detained. This subrule does not limit the power of the Court of Appeals or Supreme Court to issue the writ.

(B) Who May Bring. An action for habeas corpus may be brought by the prisoner or by another person on the prisoner's behalf.

(1) that the person on whose behalf the writ is applied for (the prisoner) is restrained of his or her liberty;

(2) the name, if known, or the description of the prisoner;

(3) the name, if known, or the description of the officer or person by whom the prisoner is restrained;

(4) the place of restraint, if known;

(5) that the action for habeas corpus by or on behalf of the prisoner is not prohibited;

(6) the cause or pretense of the restraint, according to the plaintiff's best knowledge and belief; and

(7) why the restraint is illegal.

(D) Issuance of the Writ or Order to Show Cause.

(1) On the filing of the complaint, the court may issue

(a) a writ of habeas corpus directed to the person having custody of the prisoner, or that person's superior, ordering him or her to bring the prisoner before the court forthwith; or

(b) an order to show cause why the writ should not be issued, unless it appears that the prisoner is not entitled to relief.

(2) On the showing required by MCL 600.4337, the court may issue a warrant in lieu of habeas corpus.

(3) Duplicate original writs may be issued.

(E) Certification of Record. When proceedings in another court or agency are pertinent to a determination of the issue raised in a habeas corpus action, the court may order the transcript of the record and proceedings certified to the court within a specified time. The order must identify the records to be certified with sufficient specificity to allow them to be located.

(F) Issuance Without Application or Before Filing.

(1) A judge of a court of record, except the probate court, may issue a writ of habeas corpus or order to show cause if

(a) the judge learns that a person within the judge's jurisdiction is illegally restrained, or

(b) an application is presented to the judge before or after normal court hours.

(2) If the prisoner is being held on criminal charges, the writ or order may only be issued by a judge of a court authorized to issue a writ of habeas corpus under subrule (A)(3).

(3) If a complaint is presented to a judge under the provisions of subrule (F)(1)(b), it need not be filed with the court before the issuance of a writ of habeas corpus. The complaint must subsequently be filed with the court whether or not the writ is granted.

(G) Endorsement of Allowance of Writ. Every writ issued must be endorsed with a certificate of its allowance and the date of the allowance. The endorsement must be signed by the judge issuing the writ, or, if the writ is issued by a panel of more than 1 judge, by a judge of the court.

(H) Form of Writ. A writ of habeas corpus must be substantially in the form approved by the state court administrator.

(I) Service of Writ.

(1) Person to be Served. The writ or order to show cause must be served on the defendant in the manner prescribed in MCR 2.105. If the defendant cannot be found, or if the defendant does not have the prisoner in custody, the writ or order to show cause may be served on anyone having the prisoner in custody or that person's superior, in the manner and with the same effect as if that person had been made a defendant in the action.

(2) Tender of Fees. If the Attorney General or a prosecuting attorney brings the action, or if a judge issues the writ on his or her own initiative, there is no fee. In other actions, to make the service of a writ of habeas corpus effective, the person making service must give the fee provided by law or this rule to the person having custody of the prisoner or to that person's superior.

(a) If the prisoner is in the custody of a sheriff, coroner, constable, or marshal, the fee is that allowed by law to a sheriff for bringing up a prisoner.

(b) If the prisoner is in the custody of another person, the fee is that, if any, allowed by the court issuing the writ, not exceeding the fee allowed by law to a sheriff for similar services.

(J) Sufficiency of Writ. The writ or order to show cause may not be disobeyed because of a defect in form. The writ or order to show cause is sufficient if the prisoner is designated by name, if known, or by a description sufficient to permit identification. The writ or order may designate the person to whom it is directed as the person having custody of the prisoner. Anyone served with the writ or order is deemed the person to whom it is directed and is considered a defendant in the action.

(K) Time for Answer and Hearing.

(1) If the writ is to be answered and the hearing held on a specified day and hour, the answer must be made and the prisoner produced at the time and place specified in the writ.

(2) If an order to show cause is issued, it must be answered as provided in subrule (N), and the hearing must be held at the time and place specified in the order.

(L) Notice of Hearing Before Discharge.

(1) When the answer states that the prisoner is in custody on process under which another person has an interest in continuing the custody, an order of discharge may not be issued unless the interested person or that person's attorney has had at least 4 days' notice of the time and place of the hearing.

(2) When the answer states that the prisoner is detained on a criminal charge, the prisoner may not be discharged until sufficient notice of the time and place of the hearing is given to the prosecuting attorney of the county within which the prisoner is detained or, if there is no prosecuting attorney within the county, to the Attorney General.

(M) Habeas Corpus to Obtain Custody of Child.

(1) A complaint seeking a writ of habeas corpus to inquire into a child's custody must be presented to the judicial circuit for the county in which the child resides or is found.

(2) An order to show cause, not a writ of habeas corpus, must be issued initially if the action is brought by a parent, foster parent, or other relative of the child, to obtain custody of a child under the age of 16 years from a parent, foster parent, or other relative of the child. The court may direct the friend of the court to investigate the circumstances of the child's custody.

(N) Answer.

(1) Contents of Answer; Contempt. The defendant or person served must obey the writ or order to show cause or show good cause for not doing so, and must answer the writ or order to show cause within the time allowed. Failure to file an answer is contempt. The answer must state plainly and unequivocally

(a) whether the defendant then has, or at any time has had, the prisoner under his or her control and, if so, the reason; and

(b) if the prisoner has been transferred, to whom, when the transfer was made, and the reason or authority for the transfer.

(2) Attachments. If the prisoner is detained because of a writ, warrant, or other written authority, a copy must be attached to the answer, and the original must be produced at the hearing. If an order under subrule (E) requires it, the answer must be accompanied by the certified transcript of the record and proceedings.

(3) Verification. The answer must be signed by the person answering, and, except when the person is a sworn public officer and answers in his or her official capacity, it must be verified by oath.

(O) Answer May Be Controverted. In a reply or at a hearing, the plaintiff or the prisoner may controvert the answer under oath, to show either that the restraint is unlawful or that the prisoner is entitled to discharge.

(P) Prisoner; When Bailed. Because a habeas corpus action must be decided promptly with no more than the brief delay provided by subrule (Q)(2), release of a prisoner on bail will not normally be considered until after determination that legal cause exists for the detention. Thereafter, if the prisoner is entitled to bail, the court issuing the writ or order may set bail.

(Q) Hearing and Judgment.

(1) The court shall proceed promptly to hear the matter in a summary manner and enter judgment.

(2) In response to the writ of habeas corpus or order to show cause, the defendant may request adjournment of the hearing. Adjournment may be granted only for the brief delay necessary to permit the defendant

(a) to prepare a written answer (unless waived by the plaintiff); or

(b) to present to the court or judge issuing the writ or order testimonial or documentary evidence to establish the cause of detention at the time for answer.

(3) In the defendant's presence, the court shall inform the prisoner that he or she has the right to an attorney and the right to remain silent.

(4) From the time the prisoner is produced in response to the writ or order until judgment is entered, the judge who issued the writ or order has custody of the prisoner and shall make certain that the prisoner's full constitutional rights are protected.

(5) The hearing on the return to a writ of habeas corpus or an order to show cause must be recorded verbatim, unless a court reporter or recorder is not available. If the hearing is conducted without a verbatim record being made, as soon as possible the judge shall prepare and certify a narrative written report. The original report is part of the official record in the action, and copies must be sent forthwith to the parties or their attorneys.

(6) If the prisoner is restrained because of mental disease, the court shall consider the question of the prisoner's mental condition at the time of the hearing, rather than merely the legality of the original detention.

End

Plain-English Summary

MCR 3.303 is the procedural rule for the classic habeas corpus action: a challenge to the legality of someone's restraint, decided quickly and in summary fashion. It covers the forum, the pleading, the writ, service, the answer, and the hearing.

Where the action goes

Subrule (A)(1) opens the action to any court of record except the probate court, and subrule (A)(2) fixes venue in the county where the prisoner is detained. If no judge there is empowered and available to issue the writ, or the judicial circuit for that county has refused, the action may be brought in the Court of Appeals.

Subrule (A)(3) narrows the field for an unsentenced prisoner held in a county jail on a criminal charge. That prisoner may be removed from detention on this writ only if it issues from the court where the prisoner would next appear if the criminal process continued, or from the judicial circuit for the county of detention. The power of the Court of Appeals and the Supreme Court is untouched.

The complaint and the writ

Subrule (B) lets the prisoner file, or another person file on the prisoner's behalf. Subrule (C) lists seven things the complaint must state, among them the prisoner's name or description, the name or description of the person restraining the prisoner, the place of restraint if known, the cause or pretense of the restraint according to the plaintiff's best knowledge and belief, and why the restraint is illegal.

On filing, subrule (D)(1) gives the court two paths: a writ directed to the custodian or that person's superior ordering the prisoner brought before the court forthwith, or an order to show cause why the writ should not issue, unless it appears the prisoner is not entitled to relief. Subrule (F) covers issuance without an application or before filing, including when a judge learns that a person within the judge's jurisdiction is illegally restrained or an application arrives outside normal court hours.

Service, answer, and hearing

Service follows MCR 2.105 under subrule (I)(1), which also allows service on anyone having the prisoner in custody, or that person's superior, if the defendant cannot be found or does not have the prisoner in custody. Subrule (J) forgives defects in form. Subrule (N) requires a signed answer stating plainly whether the defendant has or ever had the prisoner under control and, if the prisoner was transferred, to whom, when, and why. Failure to file an answer is contempt, and subrule (O) lets the plaintiff or prisoner controvert the answer under oath.

Subrule (Q) sets the tone of the hearing: prompt, summary, and recorded verbatim unless no reporter or recorder is available, in which case the judge prepares a certified narrative report. The court informs the prisoner of the right to an attorney and the right to remain silent, and the issuing judge has custody of the prisoner until judgment. Adjournment is limited to the brief delay needed to prepare a written answer or present evidence of the cause of detention. Where the restraint rests on mental disease, subrule (Q)(6) turns the court to the prisoner's condition at the time of the hearing rather than the legality of the original detention.

Custody of a child

Subrule (M) governs habeas corpus used to reach a child's custody. The complaint goes to the judicial circuit for the county where the child resides or is found. When a parent, foster parent, or other relative seeks custody of a child under the age of 16 from a parent, foster parent, or other relative, an order to show cause must issue first rather than a writ.

Frequently Asked Questions

Which Michigan court hears a habeas corpus action about the cause of detention?

Under subrule (A)(1) any court of record except the probate court may hear it, and subrule (A)(2) places the action in the county where the prisoner is detained. If no judge there is empowered and available, or the judicial circuit has refused to issue the writ, the action may be brought in the Court of Appeals.

Can someone else file a habeas corpus action for a prisoner?

Yes. Subrule (B) allows the action to be brought by the prisoner or by another person on the prisoner's behalf.

What must a habeas corpus complaint state?

Subrule (C) requires seven items: that the prisoner is restrained of liberty, the prisoner's name or description, the name or description of the person restraining the prisoner, the place of restraint if known, that the action is not prohibited, the cause or pretense of the restraint to the plaintiff's best knowledge and belief, and why the restraint is illegal.

What happens if the custodian ignores the writ or fails to answer?

Subrule (N)(1) requires the defendant or person served to obey the writ or order to show cause, or show good cause for not doing so, and to answer within the time allowed. Failure to file an answer is contempt.

How quickly is a habeas corpus case decided?

Subrule (Q)(1) directs the court to proceed promptly and hear the matter in a summary manner. Subrule (Q)(2) allows adjournment only for the brief delay needed to let the defendant prepare a written answer or present evidence establishing the cause of detention.

Can habeas corpus be used to get custody of a child?

Subrule (M) contemplates it. The complaint is presented to the judicial circuit for the county where the child resides or is found. Where a parent, foster parent, or other relative seeks a child under the age of 16 from a parent, foster parent, or other relative, the court issues an order to show cause first rather than a writ.

Source & verification. Rule text reproduced verbatim from the Michigan Court Rules, Chapter 3 (Special Proceedings and Actions), as published by the Michigan State Court Administrative Office, current through September 1, 2026. Promulgated by the Supreme Court of Michigan (Mich. Const. 1963, art. VI, § 5). Last verified September 5, 2026. · Official text

Also known as: habeas corpuswrit of habeas corpuscause of detentionunlawful restraintgreat writchild custody habeasorder to show cause detention