Michigan Laws 730.516 – Setting aside verdict or judgment; new trial; procedure
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Terms Used In Michigan Laws 730.516
- 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.
- in writing: shall be construed to include printing, engraving, and lithographing; except that if the written signature of a person is required by law, the signature shall be the proper handwriting of the person or, if the person is unable to write, the person's proper mark, which may be, unless otherwise expressly prohibited by law, a clear and classifiable fingerprint of the person made with ink or another substance. See Michigan Laws 8.3q
- 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.
In any city affected by the provisions of this act, the judge before whom any civil or criminal cause was tried shall have the same power to set aside a verdict or judgment and grant a new trial thereon, upon legal cause therefor, as circuit courts of the state possess: Provided, That a motion therefor be made in writing and filed with the clerk of the court within 5 days after rendition of the verdict or judgment in said cause, setting forth plainly and briefly the reasons upon which it is made. Affidavits setting forth the facts relied upon shall be filed with said motion. A copy of such motion with the supporting affidavits shall be served upon the adverse party or his attorney at least 2 days before the hearing thereof. Such motion shall be submitted and heard within 1 week after the date of filing, and shall be determined within 2 days after it shall have been submitted and heard. The time for taking an appeal from the judgment or verdict, in case such motion be not granted, shall begin to run from the day such motion is overruled. In no case shall the pendency of such motion stay the issuing and levy of an execution, but in case of a levy under execution pending such motion, no sale of the property so levied upon shall be advertised or made until the final determination of such motion. If such motion be granted, any property levied upon shall be returned forthwith to the adverse party. In case of the absence of the judge before whom such case was tried, the presiding judge or any other judge designated by the presiding judge shall have the authority to hear and determine any such motion.