Rule 3.718.Issuing Extreme Risk Protection Orders

Subchapter 3.700 — Personal Protection and Extreme Risk Protection Proceedings · Last verified September 5, 2026

In one sentenceMCR 3.718 sets the standards and deadlines for issuing extreme risk protection orders, covering ex parte orders, verbal emergency orders requested by law enforcement, anticipatory search warrants, and the hearing that follows.

Full Text of Rule 3.718

Text sizeJump to: (A) (B) (C) (D)

(A) Ex Parte Orders. Except as otherwise provided in this rule:

(1) The court must rule on a request for an ex parte order within one business day of the filing date of the complaint. The court must expedite and give priority to ruling on a request for an ex parte order.

(2) An ex parte order must be granted if it clearly appears from the specific facts shown by a verified, written complaint that

(a) by a preponderance of the evidence after considering the factors identified in MCL 691.1807(1), 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, and has engaged in an act or acts or made significant threats that substantially support the expectation that the respondent will intentionally or unintentionally seriously physically injure themselves or another individual by possessing a firearm; and

(b) pursuant to MCL 691.1807(2), there is clear and convincing evidence that immediate and irreparable injury, loss, or damage will result from the delay required to effectuate notice or that the notice will itself precipitate adverse action before an order can be issued.

(3) An ex parte order expires one year after the date of issuance.

(4) If an ex parte order is entered, the complaint and order must be served as provided in MCR 3.719(B). However, failure to effectuate service does not affect the order's validity or effectiveness.

(5) If the court refuses to grant an ex parte order, it must immediately state the reasons in writing and advise the petitioner of the right to request a hearing as provided in subrule (D). If the petitioner does not request a hearing within 21 days of entry of the order, the order denying the complaint is final.

(B) Immediate Emergency Ex Parte Orders.

(1) A petitioner who is a law enforcement officer may verbally request by telephone that a judge or magistrate on duty within that jurisdiction immediately issue an emergency ex parte order under subrule (A) if the officer is responding to a complaint involving the respondent and the respondent can reasonably be expected within the near future to intentionally or unintentionally seriously physically injure the respondent or another individual by possessing a firearm.

(2) The judge or magistrate must immediately rule on a verbal request made under this subrule, and if the judge or magistrate issues an immediate emergency ex parte order,

(a) the officer must notify the respondent of the order and advise where they can obtain a copy of the order;

(b) within one business day, the officer must file a sworn written petition detailing the facts and circumstances presented verbally to the judge or magistrate; and

(i) terminate the immediate emergency ex parte order,

(ii) order that the respondent, subject to the restrictions in MCL 691.1815, may reclaim any seized firearm(s), and

(iii) dismiss the case.

(3) In each county, the circuit court must file for approval with the state court administrator a plan to make a judge or magistrate on duty and available each day of the year to immediately review and rule on a verbal request made under this subrule. The court must provide their approved plan to all law enforcement agencies within their jurisdiction.

(C) Anticipatory Search Warrant. If the court orders the firearms immediately surrendered, the law enforcement officer serving the order pursuant to MCR 3.719(B)(2) may file an affidavit requesting that the court issue an anticipatory search warrant authorizing a law enforcement agency to search the location or locations where the firearm(s) or concealed pistol license is believed to be and to seize any firearm(s) or concealed pistol license discovered during the search in compliance with 1966 PA 189, MCL 780.651 to 780.659. The law enforcement officer's affidavit may include affirmative allegations contained in the complaint. An anticipatory search warrant issued under this subrule is subject to and contingent on the failure or refusal of the respondent, following service of the order, to immediately comply with the order and immediately surrender to a law enforcement officer any firearm or concealed pistol license in the individual's possession or control. The court must issue the anticipatory search warrant if the affidavit establishes probable cause to believe that if the respondent refuses to immediately comply with the order, there is a fair probability that the respondent's firearm(s) or concealed pistol license will be found in the location or locations to be searched.

(D) Hearing.

(1) The court must expedite and give priority to hearings required by the extreme risk protection act.

(2) The court must schedule a hearing for the issuance of an extreme risk protection order in the following instances:

(a) The complaint does not request an ex parte order. If the petitioner does not request an ex parte order, the hearing must occur within 14 days of the date the complaint is filed.

(b) The court refuses to enter an ex parte order and the petitioner timely requests a hearing. If the court refuses to enter an ex parte order, the hearing must occur within 14 days of the petitioner's request for a hearing.

(3) If the court enters an ex parte order or an immediate emergency ex parte order and the respondent requests a hearing, the hearing must occur

(a) unless subrule (3)(b) applies, within 14 days after the order is served on the respondent or after the respondent receives actual notice of the order. A respondent must request this hearing within 7 days after the order is served or after the respondent receives actual notice of the order.

(b) within 5 days, excluding weekends and holidays if the court is closed to the public, after the order is served on the respondent or after the respondent receives actual notice of the order, if the respondent is an individual described in MCL 691.1805(5). A respondent must request this hearing within 3 days after the order is served or after the respondent receives actual notice of the order. If the court is closed to the public upon the expiration of this 3-day period, the request must be made not later than the next business day. To ensure timely notice, the clerk of the court must notify the petitioner of this hearing at the email address and telephone number provided by the petitioner under MCR 3.716(C).

A respondent waives their right to a hearing on an ex parte order under subrule (D)(2)(c) if the respondent does not request a hearing within the timeframes specified in subrules (D)(3)(a) and (D)(3)(b).

(4) The petitioner must serve on the respondent the complaint and notice of the hearing as provided in MCR 2.105(A), for a hearing scheduled under subrules (D)(2)(a)-(b). If the respondent is a minor, and the whereabouts of the respondent's parent(s), guardian, or custodian are known, the petitioner must also in the same manner serve the complaint and notice of the hearing on the respondent's parent(s), guardian, or custodian. The clerk of the court must serve the respondent's request for a hearing under subrule (D)(2)(c) on the petitioner, as provided in MCR 2.107(C) and subrule (D)(3)(b), due to the confidential nature of the petitioner's address unless the petitioner electronically filed the case under MCR 1.109(G) and the respondent has registered with the electronic-filing system. In that instance, the respondent must serve the petitioner electronically at the petitioner's registered email address. If the respondent is a person described in MCL 691.1805(5), providing notice one day before the hearing is deemed as sufficient notice to the petitioner.

(5) The hearing must be held on the record. In accordance with MCR 2.407 and MCR 2.408, the court may allow the use of videoconferencing technology.

(6) The petitioner must attend the hearing and carries the burden of proving, by a preponderance of the evidence, 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 and has engaged in an act or acts or made significant threats that are substantially supportive of the expectation. If the petitioner fails to attend the hearing, the court may adjourn and reschedule the hearing or dismiss the complaint.

(7) If the respondent fails to appear at a hearing on the complaint under subrules (D)(2)(a)-(b) and the court determines the petitioner made diligent attempts to serve the respondent, whether the respondent was served or not, the order may be entered without further notice to the respondent if the court determines an extreme risk protection order is necessary. If the respondent fails to appear at a hearing on the complaint requested under subrule (D)(2) (c), the court may adjourn and reschedule the hearing or continue the order without further hearing.

(8) At the hearing, the court must consider the factors identified in MCL 691.1807(1) and state on the record the reasons for granting, denying, or continuing an extreme risk protection order and enter an appropriate order. Additionally, the court must immediately state the reasons for granting, denying, or continuing an extreme risk protection order in writing.

End

Plain-English Summary

MCR 3.718 is the engine of the subchapter. It tells the court when it must issue an extreme risk protection order without notice, how a law enforcement officer can get one by telephone in an emergency, and how quickly a hearing must follow in each of the paths a case can take.

Ex parte orders

Under subrule (A)(1) the court must rule on a request for an ex parte order within one business day of the filing date, and must expedite and give priority to that ruling. Subrule (A)(2) sets two showings, each with its own burden. The specific facts in a verified, written complaint must show by a preponderance of the evidence, after considering the factors in MCL 691.1807(1), 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, and has engaged in acts or made significant threats that substantially support that expectation. Separately, and by clear and convincing evidence under MCL 691.1807(2), the facts must show that immediate and irreparable injury, loss, or damage will result from the delay required to effectuate notice, or that notice will itself precipitate adverse action.

An ex parte order expires one year after issuance. It is served as MCR 3.719(B) provides, and failure to effectuate service does not affect the order's validity or effectiveness. If the court refuses to grant one, it must immediately state its reasons in writing and advise the petitioner of the right to request a hearing. A petitioner who does not request that hearing within 21 days of entry makes the denial final.

Immediate emergency ex parte orders

Subrule (B) lets a petitioner who is a law enforcement officer responding to a complaint involving the respondent request an order verbally, by telephone, from a judge or magistrate on duty in that jurisdiction, where the respondent can reasonably be expected within the near future to intentionally or unintentionally seriously physically injure the respondent or another individual by possessing a firearm. The judge or magistrate must rule immediately. If the order issues, the officer notifies the respondent and says where a copy can be obtained, and within one business day files a sworn written petition detailing what was presented verbally. Missing that deadline triggers termination, an order that the respondent may reclaim seized firearms subject to MCL 691.1815, and dismissal, unless good cause is shown. Every circuit court must file a plan with the state court administrator for having a judge or magistrate available each day of the year, and must give the approved plan to law enforcement agencies in its jurisdiction.

Hearings

No ex parte order requested: the hearing occurs within 14 days of filing.
Ex parte order refused and a hearing timely requested: within 14 days of the request.
Ex parte or emergency order entered and the respondent requests a hearing: within 14 days after service or actual notice, on a request made within 7 days. For a respondent described in MCL 691.1805(5), the hearing is within 5 days, excluding weekends and holidays when the court is closed, on a request made within 3 days.

A respondent who does not request a hearing in those windows waives it. The hearing is held on the record, the court may allow videoconferencing under MCR 2.407 and MCR 2.408, and the petitioner must attend and prove the risk by a preponderance of the evidence. Subrule (C) allows an anticipatory search warrant, contingent on the respondent's failure or refusal to surrender after service, and subrule (D)(8) requires the court to consider the MCL 691.1807(1) factors and state its reasons both on the record and in writing.

Frequently Asked Questions

How fast must a Michigan court rule on an ex parte extreme risk protection request?

Subrule (A)(1) requires the court to rule within one business day of the filing date of the complaint, and to expedite and give priority to the ruling.

What must the petitioner show to get an ex parte order?

Subrule (A)(2) requires two showings from the specific facts in a verified, written complaint. First, by a preponderance of the evidence and after considering the MCL 691.1807(1) factors, 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, supported by acts or significant threats. Second, by clear and convincing evidence under MCL 691.1807(2), that immediate and irreparable injury, loss, or damage will result from the delay required to give notice, or that notice will itself precipitate adverse action.

How long does a respondent have to request a hearing on an ex parte order?

Under subrule (D)(3)(a), the request must come within 7 days after the order is served or after the respondent receives actual notice, and the hearing then occurs within 14 days. For a respondent described in MCL 691.1805(5), subrule (D)(3)(b) shortens the request to 3 days and the hearing to 5 days, excluding weekends and holidays if the court is closed to the public. A respondent who does not request a hearing in those windows waives it.

Can a police officer get an extreme risk protection order over the phone?

Subrule (B)(1) allows a petitioner who is a law enforcement officer responding to a complaint involving the respondent to verbally request by telephone that a judge or magistrate on duty issue an immediate emergency ex parte order. The judge or magistrate must rule immediately, and the officer must file a sworn written petition within one business day.

What happens if the court denies an ex parte order?

Subrule (A)(5) requires the court to immediately state its reasons in writing and advise the petitioner of the right to request a hearing. If the petitioner does not request a hearing within 21 days of entry of the order, the order denying the complaint is final.

What is an anticipatory search warrant under this rule?

Under subrule (C), when the court orders firearms immediately surrendered, the law enforcement officer serving the order may file an affidavit asking the court to authorize a search of the locations where firearms or a concealed pistol license are believed to be. The warrant is contingent on the respondent failing or refusing to immediately comply after service, and the court must issue it if the affidavit establishes probable cause that there is a fair probability the items will be found there.

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: ex parte erpoimmediate emergency ex parte ordererpo hearinganticipatory search warrantred flag hearingextreme risk protection order standard