Institution of an Original Action

(A) General An original action shall be instituted by the filing of a complaint. The cover page (1) of the complaint shall contain the nature of the proceeding and the name, title, and address of the respondent. The Clerk of the Supreme Court shall issue a summons and serve the summons and (2) a copy of the complaint filed to institute the proceeding by certified mail sent to the address of the respondent as indicated on the cover page of the complaint. The summons shall inform the respondent of the time permitted to respond to the complaint pursuant to Rule 12.04, 12.08, or 12.09. If an amended complaint is filed, relator shall serve the amended complaint in (3) accordance with Rule 3.11. 70 (B) Complaint requirements (1) All complaints shall contain a specific statement of facts upon which the claim for relief is based, shall be supported by an affidavit specifying the details of the claim, and may be accompanied by a memorandum in support of the writ. (2) The affidavit required by this division shall be made on personal knowledge, setting forth facts admissible in evidence, and showing affirmatively that the affiant is competent to testify to all matters stated in the affidavit. All relief sought, including the issuance of an alternative writ, shall be set forth in (3) the complaint. Effective Date: June 1, 1994 Amended: April 1, 1996; April 1, 2000; August 1, 2002; July 1, 2004; January 1, 2008; January 1, 2010; January 1, 2013; January 1, 2023; April 1, 2025