Rule 3.716.Commencing an Extreme Risk Protection Action

MCR 3.716 is the filing rule. It makes an extreme risk protection action an independent case, commenced by filing a complaint with the family division of the circuit court. It cannot be started by filing a motion in an existing case or by joining a claim to another action. There are no filing fees, and no summons is issued.

What gets filed

Under subrule (A)(1) the petitioner files a complaint and, at the same time, a proposed extreme risk protection order on a form approved by the State Court Administrative Office. The petitioner completes the case caption and the known identifying fields, including the respondent's race, sex, and date of birth or age. The personal identifying information form does not need to be completed or filed in these actions. A complaint may be filed whether or not the respondent owns or possesses a firearm.

Who may file

• the respondent's spouse or former spouse;
• an individual who has a child in common with the respondent, has or has had a dating relationship with the respondent, or resides or has resided in the same household;
• a family member or a guardian of the respondent;
• a law enforcement officer;
• a health care provider, so long as filing and maintaining the action does not violate the health insurance portability and accountability act of 1996, Public Law 104-191, its regulations at 45 CFR parts 160 and 164, or physician-patient confidentiality.

Contents of the complaint

Subrule (B) sets nine requirements. The complaint must be written, name and give the address of the respondent, and state with particularity facts showing that the respondent can reasonably be expected within the near future to intentionally or unintentionally seriously physically injure themselves or another individual by possessing a firearm, addressing the factors in MCL 691.1807(1). It must state whether the respondent carries a pistol as an employment condition or holds one of the law enforcement positions listed in subrule (B)(4)(b), whether the petitioner knows of firearms and where they are, the relief sought, whether an ex parte order is sought and why, and whether an extreme risk protection action involving the respondent has been commenced in another jurisdiction. It must be signed as MCR 1.109(E) provides, and a request for an ex parte order must also satisfy MCR 3.718(A)(2). Subrule (D) adds that a complaint against a minor lists the minor's parents, guardian, or custodian if known or easily ascertained.

Address confidentiality, related cases, and venue

Subrule (C) keeps the petitioner's address out of every pleading and paper. The petitioner gives the court an address and contact information, including an email address and telephone number if available, and the clerk keeps the address confidential in the file. Subrule (E) requires disclosure of other existing actions, orders, or judgments affecting the parties. A complaint filed in the same court that has an existing action or an entered order affecting the parties is assigned to the same judge; where the existing action or order sits in another court, the court may contact that court if practicable. MCR 3.205 applies where a prior order provides for continuing jurisdiction of a minor. Venue under subrule (F) is generous for an adult respondent, who may be sued in any Michigan county, and narrower otherwise. Subrule (G) requires a next friend or guardian ad litem under MCR 2.201(E) when a party is a minor or a legally incapacitated individual.