Rule 3.601.Public Nuisances
Subchapter 3.600 — Miscellaneous Proceedings · Last verified September 5, 2026
Full Text of Rule 3.601
Plain-English Summary
MCR 3.601 governs the action brought to abate a public nuisance, and its theme is speed. Subrule (A) supplies the frame: these actions run on the general rules of procedure and evidence that apply to nonjury actions, except as the public nuisance statutes and this rule provide otherwise. Everything after that shortens the path from complaint to abatement.
Reaching the hearing
Under subrule (B), a defendant who fails to answer within the time provided may be defaulted. Once a defendant answers or a default is entered, a party other than a defendant in default may notice the action for hearing on 7 days' notice. Those hearings take precedence over actions not entitled to priority by statute or rule, and they may be held at the time noticed without further pretrial proceedings. Subrule (C) keeps motion practice on the same track: motions the defendant files and serves with the answer are heard on the day the action itself is heard.
Order and judgment
Subrule (D)(1) directs the court to hear and determine the disputed issues on the day noticed and to enter a proper order and judgment. Two contingencies get their own treatment:
- Subrule (D)(2) covers adjournment at the defendant's request. If the court is satisfied by affidavit or otherwise that the allegations in the complaint are true and that the plaintiff is entitled to relief, it may grant an injunction as requested, binding until further order.
- Subrule (D)(3) covers incomplete service. The court still has jurisdiction to hear the action and enter an order of abatement and judgment against the defendants who were served, but that order and judgment may not adversely affect the interests of defendants who were not served.
Interim restraint
Subrule (E) handles the period before final hearing. Where the complaint requests a preliminary injunction and the court is satisfied by affidavit or otherwise that the material allegations are true and that the plaintiff is entitled to relief, it may issue a temporary restraining order in accordance with MCR 3.310(B). The restraint runs to two things at once: conducting, maintaining, and permitting the continuance of the nuisance, and removing or permitting the removal of the liquor, furniture, fixtures, vehicles, or other things used in maintaining it. The order lasts until final hearing and determination on the complaint, or until further order.
Who prosecutes
Subrule (F) lets the court substitute the Attorney General or the prosecuting attorney for the complaining party and direct that officer to prosecute the action to judgment. Subrule (G) closes with a reserve of authority: the court may enter other orders consistent with equity that are not inconsistent with the statute or this rule.
Frequently Asked Questions
How much notice is required for a hearing in a Michigan public nuisance action?
Subrule (B) sets it at 7 days. Once a defendant has answered or a defendant's default has been entered, a party other than a defendant in default may notice the action for hearing on 7 days' notice.
The same subrule gives these hearings precedence over actions that are not entitled to priority by statute or rule, and allows them to be held at the time noticed without further pretrial proceedings.
Can a nuisance judgment be entered when some defendants were never served?
Yes, within limits. Subrule (D)(3) says that if service is not obtained on all of the defendants named in the complaint, the court has jurisdiction to hear the action and enter a proper order of abatement and judgment against those who have been served.
The same subrule sets the boundary: the order and judgment may not adversely affect the interests of the defendants who were not served.
What happens if the defendant asks to adjourn the abatement hearing?
Subrule (D)(2) attaches a condition to the delay. If the hearing is adjourned at the defendant's request and the court is satisfied by affidavit or otherwise that the allegations in the complaint are true and that the plaintiff is entitled to relief, the court may grant an injunction as requested.
That injunction is binding until further order of the court.
Can the court stop property from being removed before the nuisance case is decided?
Subrule (E) provides for it. Where a preliminary injunction is requested in the complaint and the court is satisfied by affidavit or otherwise that the material allegations are true and the plaintiff is entitled to relief, the court may issue a temporary restraining order in accordance with MCR 3.310(B).
The order may restrain the defendant from conducting, maintaining, and permitting the continuance of the nuisance, and from removing or permitting the removal of the liquor, furniture, fixtures, vehicles, or other things used in the maintenance of the nuisance, until the final hearing and determination on the complaint or further order.
Who prosecutes a public nuisance action under MCR 3.601?
The complaining party begins it, but subrule (F) allows the court to substitute the Attorney General or the prosecuting attorney for that party and to direct the substituted officer to prosecute the action to judgment.
What procedural rules apply to a public nuisance abatement action in Michigan?
Subrule (A) applies the general rules of procedure and evidence that govern nonjury actions, except as provided by the statutes covering public nuisances and by this rule.
Subrule (G) adds that the court may enter other orders consistent with equity, so long as they are not inconsistent with the provisions of the statute and this rule.