Rule 3.703.Commencing a Personal Protection Action

MCR 3.703 is the intake rule for personal protection cases. It sets out how the action begins, what has to be on the page, where it may be filed, and what a petitioner must allege to ask for relief before the respondent is heard.

An independent action, filed for free

Subrule (A) makes a personal protection action an independent action commenced by filing a petition with a court. Three consequences follow in the same subrule: there are no filing fees, no summons is issued, and the action may not be commenced by filing a motion in an existing case or by joining a claim to another action. Where e-filing is implemented, a partially completed personal protection order prepared on a form approved by the State Court Administrative Office must be submitted with the petition. The petitioner, or an individual assisting under MCL 600.2950b(4), fills in only the case caption and the known identifying fields, but the race, sex, and date of birth or age of the respondent must be supplied at a minimum so the order can be entered in LEIN. The personal identifying information form required by MCR 1.109(D)(9)(b)(iii) is not filed under this rule.

What the petition must say

• It must be in writing and state with particularity the facts on which it is based.
• It must state the relief sought and the conduct to be restrained.
• It must state whether an ex parte order is being sought.
• It must state whether a personal protection order action involving the same parties has been commenced in another jurisdiction.
• It must be signed by the party or attorney as provided in MCR 1.109(E).

Subrule (B)(6) also lets a petitioner leave a residence address out of the filed documents, so long as the court is given a mailing address. Subrule (C) adds requirements when the respondent is a minor: the minor's name, address, and age or date of birth, plus the names and addresses of a parent, guardian, or custodian if known or easily ascertained.

Other cases involving the same people

Subrule (D)(1) requires the petition to identify other pending actions and existing orders or judgments affecting the parties, with the court name and case number if known. If the other matter sits in the same court, the new petition is assigned to the same judge. If it sits elsewhere, the court should contact that court when practicable to learn what is relevant. Under subrule (D)(2), where a prior action left continuing jurisdiction over a minor and the new petition seeks relief about that minor, the court must comply with MCR 3.205.

Venue and capacity

Subrule (E) draws a sharp line. Against an adult respondent, a petitioner may file in any county in Michigan regardless of residency. Against a minor respondent, filing is limited to the petitioner's or the respondent's county of residence, and if the respondent does not live in Michigan, venue lies in the petitioner's county. Subrule (F) requires a minor or legally incapacitated petitioner to proceed through an adult next friend who is not disqualified by statute. Appointment is not needed unless the court decides otherwise, except that the court must appoint a next friend for a petitioner under 14 years of age. The next friend is not responsible for the costs of the action.

Asking for relief before notice

Subrule (G) sets the showing for an ex parte request: specific facts that immediate and irreparable injury, loss, or damage will result from the delay required to effect notice, or from the risk that notice will itself precipitate adverse action before an order can be issued.