Rule 3.992.Rehearings; New Trial

MCR 3.992 is the postjudgment rule for juvenile proceedings. A party who wants the court to take the case back up after a hearing or trial files here, and the rule fixes when, on what grounds, and by what procedure.

Time

Subrule (A) gives a party 21 days after the date of the order resulting from the hearing or trial to file a written motion stating the basis for the relief sought. Two categories sit outside that general window. A juvenile tried as an adult in the family division of the circuit court for a criminal offense is excepted. So is a case in which parental rights are terminated, and that case draws a shorter deadline of its own: a motion for new trial, rehearing, reconsideration, or other postjudgment relief must be filed within 14 days after the date of the order terminating parental rights. The court may entertain an untimely motion for good cause shown.

Grounds

Subrule (B) sets a threshold that keeps rehearing from becoming a second run at the same material. 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.

One situation escapes that threshold. A motion seeking relief from an order entered under MCR 3.991(A)(3) — the order a judge may enter on a referee's recommendation before the time for requesting review has run — must be considered whether or not the matters it presents were previously presented to or considered by the court. A party who never had the chance to object is not penalized for raising the point late.

Notice, response, and procedure

Subrule (C) requires that all parties be given notice of the motion in accordance with MCR 3.920. Subrule (D) requires any response to be in writing, filed with the court, and served on the opposing parties within 7 days after notice of the motion. Under subrule (E) the judge may affirm, modify, or vacate the decision previously made in whole or in part, working from the record, the memoranda prepared, or a hearing on the motion, whichever the court in its discretion finds appropriate for the case.

Hearings and stays

Subrule (F) says the court need not hold a hearing before ruling on a motion. If it does hold one, the hearing follows the rules for dispositional hearings, and the court may assign it to the person who conducted the earlier hearing. Either way the court must state the reasons for its decision on the motion on the record or in writing. Subrule (G) lets the court stay any order, or grant bail to a detained juvenile, while the motion is pending.