by admin | May 13, 2021 | Criminal Procedure, Michigan
(A) Contents of Response. On direction of the court pursuant to MCR 6.504(B)(4), the prosecutor shall respond in writing to the allegations in the motion. The trial court shall allow the prosecutor a minimum of 56 days to respond. If the response refers to transcripts...
by admin | May 13, 2021 | Criminal Procedure, Michigan
(A) Appointment of Counsel. If the defendant has requested appointment of counsel, and the court has determined that the defendant is indigent, the court may appoint counsel for the defendant at any time during the proceedings under this subchapter. Counsel must be...
by admin | May 13, 2021 | Criminal Procedure, Michigan
(A) Assignment to Judge. The motion shall be presented to the judge to whom the case was assigned at the time of the defendant’s conviction. If the appropriate judge is not available, the motion must be assigned to another judge in accordance with the...
by admin | May 13, 2021 | Criminal Procedure, Michigan
(A) Filing; Copies. (1) A defendant seeking relief under this subchapter must file a motion, and a copy of the motion with the clerk of the court in which the defendant was convicted and sentenced. (2) Upon receipt of a motion, the clerk shall file it under the same...
by admin | May 13, 2021 | Criminal Procedure, Michigan
(A) Nature of Motion. The request for relief under this subchapter must be in the form of a motion to set aside or modify the judgment. The motion must specify all of the grounds for relief which are available to the defendant and of which the defendant has, or by the...
by admin | May 13, 2021 | Criminal Procedure, Michigan
(A) Nature of Motion. The request for relief under this subchapter must be in the form of a motion to set aside or modify the judgment. The motion must specify all of the grounds for relief which are available to the defendant and of which the defendant has, or by the...
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