Motions for Rehearings or New Trial

12.12Motions for Rehearings or New Trial

A.Generally

In a child protective proceeding, “except for a case in which parental rights are terminated, a party may seek a rehearing or new trial by filing a written motion^[¹] stating the basis for the relief sought[.]” MCR 3.992(A). “In a case that involves termination of parental rights, [a party may file] a motion for new trial, rehearing, reconsideration, or other postjudgment relief[.]” Id.

A petition for rehearing may be filed by “an interested person[,]” which includes a member of a local foster care review board with whom the child’s case has been assigned. MCL 712A.21.

“A motion will not be considered unless it presents a matter not previously presented to the court, or presented, but not previously considered by the court, which, if true, would cause the court to reconsider the case.” MCR 3.992(A).

B.Procedural Requirements

1.Timing

The written motion stating the basis for the relief sought must be filed “within 21 days after the date of the order resulting from the hearing or trial.” MCR 3.992(A). If the case involves “termination of parental rights, a motion for new trial, rehearing, reconsideration, or other postjudgment relief shall be filed within 14 days after the date of the order terminating parental rights.” Id. But see MCL 712A.21, which requires a petition for rehearing to be filed within 20 days of entry of the order terminating parental rights where parental rights have been terminated and custody of a child has been removed from the parents, guardian, or other person.

However, “[t]he court may entertain an untimely motion for good cause shown.” MCR 3.977(A).

Any response by parties to a motion for rehearing or new trial “must be in writing and filed with the court and served on the opposing parties within 7 days after notice of the motion.” MCR 3.992(C).

2.Notice

“All parties must be given notice of the motion in accordance with [MCR] 3.920.”² MCR 3.992(B).

3.No Hearing Required

The court does not need to hold a hearing before ruling on a motion for rehearing or new trial. MCR 3.992(E). “Any hearing conducted shall be in accordance with the rules for dispositional hearings and, at the discretion of the court, may be assigned to the person who conducted the hearing.”³ Id.

4.Stay of Proceedings and Grant of Bail

The court may stay any order pending a ruling on a motion for rehearing or new trial. MCR 3.992(F).

5.Findings by Court

The court must state the reasons for its decision on the record or in writing. MCR 3.992(E).

C.Standards for Granting Relief

MCR 3.992(A) does not state the standard for granting relief following a court’s consideration of a party’s motion for rehearing or new trial. See In re Alton, 203 Mich App 405, 409 (1994). However, MCR 2.613(A), the “harmless error rule” for civil proceedings, applies to child protective proceedings. MCR 3.902(A). See also In re Alton, supra at 410. MCR 2.613(A) states:

“An error in the admission or the exclusion of evidence, an error in a ruling or order, or an error or defect in anything done or omitted by the court or by the parties is not ground for granting a new trial, for setting aside a verdict, or for vacating, modifying, or otherwise disturbing a judgment or order, unless refusal to take this action appears to the court inconsistent with substantial justice.”

In In re Alton, 203 Mich App at 409-410, the Court of Appeals remanded the case to the juvenile court for a rehearing on the juvenile’s motion for a new trial, adopting the following guidelines for ruling on such motions:

“In ruling on the motion, the parties and the trial court applied the rules for granting a new trial embodied in MCR 2.611(A)(1). That court rule is not applicable in juvenile delinquency proceedings. See MCR [3].901(B). Therefore, we remand this case for the trial court to reconsider the juvenile’s motion under the proper standard of review: whether, in light of the new evidence presented, it appears to the trial court that a failure to grant the juvenile a new trial would be inconsistent with substantial justice. MCR 2.613(A). In this case, that means the trial court must decide whether it appears that if the court refuses to grant the motion, it will be exercising jurisdiction over a juvenile who is not properly within its jurisdiction. The trial court must state the reasons for its decision on the record or in writing. MCR [3].992(E).”

D.Remedies

“The judge may affirm, modify, or vacate the decision previously made in whole or in part, on the basis of the record, the memoranda prepared, or a hearing on the motion, whichever the court in its discretion finds appropriate for the case.” MCR 3.992(D). See also MCL 712A.21(1).

The court may also enter an order for supplemental disposition while the child remains under the court’s jurisdiction. MCL 712A.21(1).