Summary
Michigan Supreme Court denied leave to appeal, clarifying that a defendant's motion styled as a motion for relief from judgment under MCR subchapter 6.500 should not be treated as a "motion for relief from judgment" for purposes of the serial petition bar in MCR 6.502(G)(1) in any future case. The Court held that the motion was properly considered under MCR 2.612 (relief from judgment based on mistake, inadvertence, fraud, etc.) and was denied on the merits, not under the procedural rules of MCR 6.501 et seq. This ruling addresses the proper classification of post-judgment motions and the distinction between civil and criminal procedural rules for relief from judgment.
Questions Presented
- Whether the trial court erred in denying the defendant's motion for relief from judgment
- Whether the motion should be classified under MCR 2.612 or MCR 6.500
Disposition
denied
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