“A civil action or appropriate motion in a pending action may be brought to obtain . . . habeas corpus[.]” MCR 3.301(A)(1)(b). The “special rules [in MCR 3.300 et seq. (extraordinary writs)] govern the procedure for seeking the writs or relief formerly obtained by the writs, whether the right to relief is created by statute or common law.” MCR 3.301(A)(2). “If the right to relief is created by statute, the limitations on relief in the statute apply, as well as the limitations on relief in these rules.” Id.
“The provisions of [MCL 600.4301 to MCL 600.4379] shall be construed to apply to every writ of habeas corpus authorized to be issued under any statute of this state, insofar as they are consistent with the statute granting the right to habeas corpus.” MCL 600.4301.
“A prisoner’s right to file a complaint for habeas corpus relief is guaranteed by Const 1963, art 1, § 12.” Moses v Dep’t of Corrections, 274 Mich App 481, 484 (2007).