My question involves court procedures for the state of: MI
This is in regard to expanding the record when the case is in the Court Of Appeals.
I brought an action in state court. The judge granted defendant's motion for summary disposition and I appealed. The appellate briefing phase elapsed several months ago.
I recently got new evidence showing that the defendant obtained summary disposition by fraud and misrepresentation, whence I could move pursuant to MCR 2.612(C)(1)(b) and (c) (Relief from Judgment or Order). The new evidence satisfies the conditions in MCR 2.611(A)(1)(a) and (f): material evidence, newly discovered which could not with reasonable dilligence have been discovered and produced at trial. The defendant and her accomplice are precisely the ones who filed this evidence in other cases in the same trial court. Therefore, the new evidence is undisputed.
Since COA currently has jurisdiction, I went to the COA and filed a motion under MCR 7.216(A)(4) and (3) to expand the record and to add grounds for appeal, respectively, with my Supplemental Brief attached. I'm convinced that my motion and supplemental brief are robust. I even cited a case where the COA clearly encourages that new evidence be promptly submitted by motion under 7.216(A)(4). The defendant didn't oppose my COA motion.
The COA denied my motion without stating the reason(s) for denial. I'm confident I followed the appellate rules (MCR 7). Was I supposed to file the new evidence through the trial court? Neither MCR 7 nor IOP 7.216(A) gives any indication to do so.
Motions under MCR 2.612(C) are to be brought within a year after the judgment was entered. The year hasn't elapsed yet. However, this is a catch-22: The trial court does not have jurisdiction right now, but the year will likely elapse by the time COA decides the appeal. I'm puzzled, your insight on how this works would be appreciated.