Rule 7.311 Motions in Supreme Court

(A)   What to File. To have a motion heard, a party must file with the clerk

(1)   4 copies of a motion (1 signed), except as otherwise provided in this rule, stating briefly but distinctly the grounds on which it is based and the relief requested and including an affidavit supporting any allegations of fact in the motion;

(2)   proof that the motion and supporting papers were served on the opposing party; and

(3)   the fee provided by MCR 7.319(C)(2) or (3).

Only 2 copies (1 signed) need be filed of a motion to extend time, to place a case on or adjourn a case from the session calendar, or for oral argument.

(B)   Submission and Argument. Motions are submitted on Tuesday of each week at least 14 days after they are filed, but administrative orders (e.g., on motions to extend time for filing a pleading, to file an amicus brief, to appear and practice, to exceed the page limit) may be entered earlier to advance the efficient administration of the Court. There is no oral argument on a motion unless ordered by the Court.

(C)   Answer. An answer may be filed at any time before an order is entered on the motion.

(D)   Motion to Seal File. Except as otherwise provided by statute or court rule, the procedure for sealing a Supreme Court file is governed by MCR 8.119(I). Materials that are subject to a motion to seal a file in whole or in part shall be held under seal pending the Court’s disposition of the motion.

(E)   Motion for Immediate Consideration or to Expedite Proceedings. A party may move for immediate consideration of a motion or to expedite any proceeding before the Court. The motion or an accompanying affidavit must identify the manner of service of the motion on the other parties and explain why immediate consideration of the motion or expedited scheduling of the proceeding is necessary. If the motion is granted, the Court will schedule an earlier hearing or render an earlier decision on the matter.

(F)   Motion for Rehearing.

(1)   To move for rehearing, a party must file within 21 days after the opinion was filed

(a)   14 copies of a motion (1 signed) if the opinion decided a case placed on a session calendar, or 8 copies of a motion (1 signed) if the opinion decided a noncalendar case; and

(b)   proof that a copy was served on the parties.

The motion for rehearing must include reasons why the Court should modify its opinion. Motions for rehearing are subject to the restrictions contained in MCR 2.119(F)(3).

(2)   Unless otherwise ordered by the Court, the timely filing of a motion for rehearing postpones issuance of the Court’s judgment order until the motion is either denied by the Court or, if granted, until at least 21 days after the filing of the Court’s opinion on rehearing.

(3)   Any party or amicus curiae that participated in the case may answer a motion for rehearing within 14 days after it is served by filing

(a)   14 or 8 copies of the motion (1 signed), in accordance with subrule (F)(1)(a); and

(b)   proof that a copy was served on the other parties.

(4)   Unless ordered by the Court, there is no oral argument on a motion for rehearing.

(5)   The clerk shall refuse to accept for filing a late-filed motion for rehearing or a motion for reconsideration of an order denying a motion for rehearing.

(G)   Motion for Reconsideration. To move for reconsideration of a court order, a party must file the items required by subrule (A) within 21 days after the date of certification of the order. The motion shall include all facts, arguments, and citations to authorities in a single document and shall not exceed 10 double-spaced pages. A copy of the order for which reconsideration is sought must be included with the motion. Motions for reconsideration are subject to the restrictions contained in MCR 2.119(F)(3). The clerk shall refuse to accept for filing a late-filed motion or a motion for reconsideration of an order denying a motion for reconsideration. The filing of a motion for reconsideration does not stay the effect of the order addressed in the motion.