This form is a generic sample of a motion to reopen a case based on newly discovered evidence.
A Motion to Set Aside Submission and Reopen Case in Michigan is a legal procedure that allows a party to request the court to overturn its previous decision and re-examine the case. This motion is typically pursued when new evidence or errors in the original judgment come to light which may significantly impact the outcome of the case. There are various types of Michigan Motions to Set Aside Submission and Reopen Case, each serving distinct purposes: 1. Newly Discovered Evidence: This type of motion is filed when new evidence is discovered after the court has made a final decision. The evidence must meet certain criteria, such as being material, credible, and likely to change the outcome if presented during the original trial. 2. Fraud, Misrepresentation, or Duress: This motion can be filed when it is discovered that fraud, misrepresentation, or duress occurred during the proceedings, influencing the judgment or preventing a fair trial. 3. Mistake, Neglect, or Default: If a party can demonstrate that the court made a mistake, acted negligently, or that they were in default due to excusable circumstances, they may file this motion to set aside the submission and reopen the case. 4. Jurisdictional Defect: This motion challenges the court's jurisdiction over the case, claiming that the court lacked the authority to make a judgment due to a jurisdictional defect. 5. Due Process Violations: Filed when a party believes that their constitutional right to due process was violated during the original trial, potentially affecting the fairness of the outcome. To initiate a Motion to Set Aside Submission and Reopen Case, the party must draft and file a detailed motion brief with the court, providing a clear and compelling argument supported by evidence or legal precedent. It is crucial to strictly adhere to the Michigan court rules governing such motions and meet any specified deadlines. Consulting an experienced attorney is highly recommended maximizing the chances of success. Additionally, it is important to note that the court retains discretion in deciding whether to grant or deny the motion based on the specific circumstances presented.
