Rule 6.501 – Scope of Subchapter

by | May 13, 2021 | Criminal Procedure, Michigan

Unless otherwise specified by these rules, a judgment of conviction and sentence entered by the circuit court not subject to appellate review under subchapters 7.200 or 7.300 may be reviewed only in accordance with the provisions of this subchapter.Mich. Ct. R....

Rule 6.445 – Probation Revocation

by | May 13, 2021 | Criminal Procedure, Michigan

(A) Issuance of Summons; Warrant. On finding probable cause to believe that a probationer has violated a condition of probation, the court may (1) issue a summons in accordance with MCR 6.103(B) and (C) for the probationer to appear for arraignment on the alleged...

Rule 6.440 – Disability of Judge

by | May 13, 2021 | Criminal Procedure, Michigan

(A) During Jury Trial. If, by reason of death, sickness, or other disability, the judge before whom a jury trial has commenced is unable to continue with the trial, another judge regularly sitting in or assigned to the court, on certification of having become familiar...

Rule 6.435 – Correcting Mistakes

by | May 13, 2021 | Criminal Procedure, Michigan

(A) Clerical Mistakes. Clerical mistakes in judgments, orders, or other parts of the record and errors arising from oversight or omission may be corrected by the court at any time on its own initiative or on motion of a party, and after notice if the court orders it....

Rule 6.431 – New Trial

by | May 13, 2021 | Criminal Procedure, Michigan

(A) Time for Making Motion. (1) A motion for a new trial may be filed before the filing of a timely claim of appeal.(2) If a claim of appeal has been filed, a motion for a new trial may only be filed in accordance with the procedure set forth in MCR 7.208(B) or the...