Rule 3.716. Commencing an Extreme Risk Protection Action

(A) Filing.

(1) An extreme risk protection action is an independent action commenced by filing a

complaint with the family division of the circuit court. A complaint may be filed

regardless of whether the respondent owns or possesses a firearm. A proposed

extreme risk protection order must be prepared on a form approved by the State

Court Administrative Office and submitted at the same time as the complaint. When

completing the proposed order, the petitioner must complete the case caption and

the known fields with identifying information, including the race, sex, and date of

birth or age of the respondent. The personal identifying information form approved

by the State Court Administrative Office does not need to be completed or filed in

extreme risk protection actions. There are no fees for filing an extreme risk

protection action, and no summons is issued. An extreme risk protection action may

not be commenced by filing a motion in an existing case or by joining a claim to an

action.

(2) An extreme risk protection action may only be commenced by the following

individuals:

(a) the spouse of the respondent;

(b) a former spouse of the respondent;

(c) an individual who:

(i)

has a child in common with the respondent,

(ii) has or has had a dating relationship with the respondent, or

(iii) resides or has resided in the same household with the respondent;

(d) a family member;

(e) a guardian of the respondent;

(f)

a law enforcement officer; or

by the following

individuals:

(a) the spouse of the respondent;

(b) a former spouse of the respondent;

(c) an individual who:

(i)

has a child in common with the respondent,

(ii) has or has had a dating relationship with the respondent, or

(iii) resides or has resided in the same household with the respondent;

(d) a family member;

(e) a guardian of the respondent;

(f)

a law enforcement officer; or

(g) a health care provider, if filing and maintaining the action does not violate

requirements of the health insurance portability and accountability act of 1996,

Public Law 104-191, or regulations promulgated under that act, 45 CFR parts

160 and 164, or physician-patient confidentiality.

(B) Complaint in General. The complaint must

(1) be in writing;

(2) state the respondent’s name and address;

(3) state with particularity any facts that show the issuance of an extreme risk protection

order is necessary because 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,

including facts that address the factors in MCL 691.1807(1) that the court must

consider when determining whether to issue an extreme risk protection order;

(4) if known by the petitioner, state whether any following circumstances are

applicable:

(a) the respondent is required to carry a pistol as a condition of the respondent’s

employment and is issued a license to carry a concealed pistol,

(b) the respondent is any of the following:

(i)

a police officer licensed or certified under the Michigan Commission on

Law Enforcement Standards Act (MCOLES), MCL 28.601 to MCL

28.615,

(ii) a sheriff or deputy sheriff,

(iii) a member of the Department of State Police,

(iv) a local corrections officer,

condition of the respondent’s

employment and is issued a license to carry a concealed pistol,

(b) the respondent is any of the following:

(i)

a police officer licensed or certified under the Michigan Commission on

Law Enforcement Standards Act (MCOLES), MCL 28.601 to MCL

28.615,

(ii) a sheriff or deputy sheriff,

(iii) a member of the Department of State Police,

(iv) a local corrections officer,

(v) an employee of the Michigan Department of Corrections, or

(vi) a federal law enforcement officer who carries a pistol during the normal

course of the officer’s employment or an officer of the Federal Bureau of

Prisons,

(5) state whether the petitioner knows or believes that the respondent owns or possesses

firearms and, to the extent possible, identify the firearms, giving their location and

any additional information that would help a law enforcement officer find the

firearms;

(6) state the relief sought;

(7) state whether an ex parte order is being sought and, if so, state with particularity the

facts that show the issuance of an ex parte order is necessary because

(a) immediate and irreparable injury, loss, or damage will result from the delay

required to effectuate notice, or

(b) the notice will itself precipitate adverse action before an order can be issued,

(8) state whether an extreme risk protection action involving the respondent has been

commenced in another jurisdiction and, if so, identify the jurisdiction;and

ex parte order is necessary because

(a) immediate and irreparable injury, loss, or damage will result from the delay

required to effectuate notice, or

(b) the notice will itself precipitate adverse action before an order can be issued,

(8) state whether an extreme risk protection action involving the respondent has been

commenced in another jurisdiction and, if so, identify the jurisdiction;and

(9) be signed by the party or attorney as provided in MCR 1.109(E). If the complaint

requests an ex parte order, the complaint must also comply with MCR 3.718(A)(2).

(C) The petitioner’s address must not be disclosed in any pleading, paper, or in any other

manner. The petitioner must provide the court with an address and contact information,

including an email address and telephone number if available, in the form and manner

established by the State Court Administrative Office. The clerk of the court must

maintain the petitioner’s address as confidential in the court file.

(D) Complaint Against a Minor. In addition to the requirements outlined in subrule (B), a

complaint against a minor must also list, if known or can be easily ascertained, the

names and addresses of the minor’s parent(s), guardian, or custodian.

(E) Other Existing Actions; Order, Judgments.

(1) The complaint must specify whether there are any other existing actions in this or

any other court, or orders or judgments already entered by this or any other court

affecting the parties, including the name of the court and the case number, if known.

(a) If the complaint is filed in the same court as an existing action or where an order

or judgment has already been entered by that court affecting the parties, it shall

be assigned to the same judge.

isting actions in this or

any other court, or orders or judgments already entered by this or any other court

affecting the parties, including the name of the court and the case number, if known.

(a) If the complaint is filed in the same court as an existing action or where an order

or judgment has already been entered by that court affecting the parties, it shall

be assigned to the same judge.

(b) If there are existing actions in another court or orders or judgments already

entered by another court affecting the parties, the court may contact the court

where the existing actions were filed or orders or judgments were entered, if

practicable, to determine any relevant information.

(2) If the prior action resulted in an order providing for continuing jurisdiction of a

minor, and the new action requests relief with regard to the minor, the court must

comply with MCR 3.205.

(F) Venue.

(1) If the respondent is an adult, the petitioner may file an extreme risk protection action

in any county in Michigan regardless of the parties’ residency or location.

(2) If the respondent is a minor, the petitioner must file an extreme risk protection

action in either the petitioner’s or respondent’s county of residence.

(3) If the respondent does not live in Michigan, the petitioner must file an extreme risk

protection action in the petitioner’s county of residence.

(G) Minor or Legally Incapacitated Individual as Petitioner or Respondent. If a petitioner or

respondent is a minor or a legally incapacitated individual, the court must appoint a next

friend or guardian ad litem as provided by MCR 2.201(E).