Michigan Laws 600.309a – Relief from certain circuit court judgments based on jury verdict; appeal; applicability
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Terms Used In Michigan Laws 600.309a
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fraud: Intentional deception resulting in injury to another.
- judgment: as used in this act , includes decree. See Michigan Laws 600.112
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Verdict: The decision of a petit jury or a judge.
(1) The legislature finds and declares all of the following:
(a) The right to trial by jury, as preserved by the state constitution of 1963, is sacrosanct and the decisions of juries should not be lightly discarded.
(b) It is the public policy of this state that litigants be afforded the highest possible degree of certainty that jury verdicts will be respected and enforced.
(2) This section applies only if a party seeks relief from a circuit court judgment entered in a civil action based on a jury verdict on any of the following grounds:
(a) Mistake, inadvertence, surprise, or excusable neglect.
(b) Newly discovered evidence.
(c) Fraud, misrepresentation, or other misconduct of an adverse party.
(d) That the judgment is void.
(e) Another reason that justifies relief from the operation of the judgment.
(3) If a circuit court order grants relief to a party as described under subsection (2), an opposing party may file an appeal of right from that order to the court of appeals. Action in the circuit court must be stayed while the matter is on appeal.
(4) In an appeal of right to the court of appeals under subsection (3), the court shall take appropriate steps toward ensuring, consistent with the appellate court rules, a timely processing of the appeal.
(5) This section does not apply to an action to which section 6098 applies.
(6) This section applies only to an action, case, or proceeding commenced after the date this section takes effect.