Rule 7.316 Miscellaneous Relief

(A)   Relief Obtainable. The Supreme Court may, at any time, in addition to its general powers

(1)   exercise any or all of the powers of amendment of the court or tribunal below;

(2)   on reasonable notice as it may require, allow substitution of parties by reason of marriage, death, bankruptcy, assignment, or any other cause; allow new parties to be added or parties to be dropped; or allow parties to be rearranged as appellants or appellees;

(3)   permit the reasons or grounds of appeal to be amended or new grounds to be added;

(4)   permit the transcript or record to be amended by correcting errors or adding matters that should have been included;

(5)   adjourn the case until further evidence is taken and brought before it;

(6)   draw inferences of fact;

(7)   enter any judgment or order that ought to have been entered, and enter other and further orders and grant relief as the case may require; or

(8)   if a judgment notwithstanding the verdict is set aside on appeal, grant a new trial or other relief.

(B)   Allowing Act After Expiration of Time. When, under the practice relating to appeals or stay of proceedings, a nonjurisdictional act is required to be done within a designated time, the Court may at any time, on motion and notice, permit it to be done after the expiration of the period on a showing that there was good cause for the delay or that it was not due to the culpable negligence of the party or attorney. The Court will not accept for filing a motion to file a late application for leave to appeal under MCR 7.305(C), a late application for leave to cross-appeal under MCR 7.307(A), a late motion for rehearing under MCR 7.311(F), or a late motion for reconsideration under MCR 7.311(G).

(C)   Vexatious Proceedings.

(1)   The Court may, on its own initiative or the motion of any party filed before a case is placed on a session calendar, dismiss an appeal, assess actual and punitive damages, or take other disciplinary action when it determines that an appeal or any of the proceedings in an appeal was vexatious because

(a)   the appeal was taken for purposes of hindrance or delay or without any reasonable basis for belief that there was a meritorious issue to be determined on appeal; or

(b)   a pleading, motion, argument, brief, document, or record filed in the case or any testimony presented in the case was grossly lacking in the requirements of propriety, violated court rules, or grossly disregarded the requirements of a fair presentation of the issues to the Court.

(2)   Damages may not exceed actual damages and expenses incurred by the opposing party because of the vexatious appeal or proceeding, including reasonable attorney fees, and punitive damages in an added amount not exceeding the actual damages. The Court may remand the case to the trial court or tribunal for a determination of actual damages.