Michigan Emergency Motion to Remand Cause
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How to fill out Emergency Motion To Remand Cause?
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FAQ
(1) Unless another rule provides a different procedure for reconsideration of a decision (see, e.g., MCR 2.604[A], 2.612), a motion for rehearing or reconsideration of the decision on a motion must be served and filed not later than 21 days after entry of an order deciding the motion.
If you have been charged and convicted of a crime such as retail fraud or another offense, there are times when you can file a Motion for Relief From Judgment. If you are successful with your case, it could result in the conviction being overturned and removed from your record.
MOTION FOR REHEARING The moving party must demonstrate a palpable error by which the Court and the parties have been misled and show that a different disposition will result by correcting the error. MCR 7.311(F), referencing MCR 2.119(F)(3).
A person must go to court on the date of the show cause hearing. If a person fails to appear for the court date, a bench warrant for the person's arrest can be issued. In court, the person must either prove that he or she followed the court's order or explain why the person could not obey the order.
Remanded - send back the matter to the court from which it was appealed. When a judgment is reversed, the Court usually remands the matter for a new trial to be carried out consistent with the principles announced in its opinion.
(1) A motion for a new trial may be filed before the filing of a timely claim of appeal. (2) If a claim of appeal has been filed, a motion for a new trial may only be filed in ance with the procedure set forth in MCR 7.208(B) or the remand procedure set forth in MCR 7.211(C)(1).
(6) Motion for Immediate Consideration. A party may file a motion for immediate consideration to expedite decision on another motion. The motion must state facts showing why immediate consideration is required.
Included under MCR 2.116(C)(7) are motions based on the ground that the claim is barred because of release, payment, prior judgment, immunity granted by law, statute of limitations, statute of frauds, an agreement to arbitrate or litigate in a different forum, infancy or other disability of the moving party, or ...