Rule 3.306.Quo Warranto

Quo warranto asks by what authority a person holds an office or a corporation exercises a franchise. MCR 3.306 answers two practical questions about that action: which court hears it, and who is permitted to file it.

Which court

Subrule (A)(1) sends to the Court of Appeals an action against a person who usurps, intrudes into, or unlawfully holds or exercises a state office, and an action against a state officer who does or suffers an act that by law works a forfeiture of the office. Subrule (A)(2) leaves all other quo warranto actions in the circuit court.

Who brings the action

Subrule (B)(1) reserves a defined set of cases to the Attorney General. Beyond the state office cases described in subrule (A)(1), the list covers a person who usurps, intrudes into, or wrongfully holds or exercises an office in a public corporation created by this state's authority, and an association or group of persons acting as a corporation in Michigan without being legally incorporated. It then reaches four categories of corporate conduct:

• a corporation in violation of a provision of the act or acts creating, offering, or renewing it;
• a corporation that has violated a law under which it forfeits its charter by misuse;
• a corporation that has forfeited its privileges and franchises by nonuse;
• a corporation whose acts or omissions amount to a surrender of its corporate rights, privileges, and franchises, or that has exercised a franchise or privilege not conferred on it by law.

Subrule (B)(2) covers everything else. The prosecuting attorney of the proper county may bring those actions without leave of court. A citizen of the county may bring them by special leave of the court.

When the Attorney General declines

Subrule (B)(3)(a) lets a person apply to the Attorney General to bring one of the reserved actions. The Attorney General may require the person to give security to indemnify the state against all costs and expenses of the action, and the applicant, along with any other person having the proper interest, may be joined as a party plaintiff. Under subrule (B)(3)(b), if the Attorney General refuses after a proper application and offer of security, the person may apply to the appropriate court for leave to bring the action personally. One subject is closed: the court must not grant leave where the action relates to the offices of electors of President and Vice President of the United States.

Parties, venue, and trial

Subrule (C) allows a complaint against a defendant for usurping an office to name the person rightfully entitled to it, allege that person's right, and make that person a party. Subrule (D) applies the general venue statutes and rules unless a specific statute or rule contains a special venue provision for quo warranto. Subrule (E) leaves the mode of trial to the court, which may hear the matter or allow the issues to be tried by a jury.