Lost a ruling or a judgment? The clock on a motion to reconsider or set it aside may be short
I am Mitchell Bisson, a Grand Rapids appeals lawyer. I have litigated for over 15 years. This page covers asking the same court for a second look at a civil ruling or judgment, or an appellate decision: reconsideration, new trial and relief from judgment under MCR 2.119, 2.611, 2.612 and 7.215. I act on either side of these motions. I do not promise outcomes.
The short answer. A motion for reconsideration of a motion ruling is due 21 days after the order. MCR 2.119(F)(1). A motion for a new trial or to amend a civil judgment is due 21 days after entry of the judgment. MCR 2.611(B). Relief from a civil judgment after that can still be possible, but only on the grounds in MCR 2.612(C), and a criminal conviction that is past appeal is reached through the 6.500 rules. Whether any of these motions is the right move depends on the record and the dates.
A second-look motion is easy to file and hard to get granted. The court has already ruled, so the motion has to show something the court did not have right the first time. It also affects the appeal clock, which is why I look at the dates before I look at the argument.
A timely postjudgment motion for new trial, rehearing, reconsideration or other relief from the judgment appealed moves the start of the 21-day appeal period to the order deciding it, if the motion was filed within the initial 21-day period or within further time the trial court allowed for good cause during that period. MCR 7.204(A)(1)(d). A motion for rehearing or reconsideration of one of those motions does not extend the time to claim an appeal unless it was itself filed within the 21- or 42-day period. MCR 7.204(A). A late motion can look like a way to buy time and instead cost you the appeal. That risk is the main reason this page exists.
Which motion fits, and when it is due
| Situation | Motion | Deadline and key limit | Authority |
|---|---|---|---|
| Trial court ruled on a motion | Rehearing or reconsideration | 21 days after entry of the order. No response may be filed and there is no oral argument unless the court directs otherwise. Must show palpable error and that a different disposition must result | MCR 2.119(F) |
| Civil judgment entered after trial or by ruling | New trial or to alter or amend the judgment | 21 days after entry of the judgment. The court may also order a new trial on its own initiative in the same 21 days | MCR 2.611(B), (C) |
| Civil judgment, more than 21 days old | Relief from judgment | Reasonable time for all grounds, and within one year for mistake, newly discovered evidence or fraud. The motion does not suspend the judgment | MCR 2.612(C) |
| Default judgment | Set aside default judgment | Good cause and a verified statement of facts showing a meritorious defense. A personally served defendant has a short window, except as MCR 2.612 allows | MCR 2.603(D) |
| Court of Appeals decision | Reconsideration | 21 days after the order or the date stamped on the opinion. One document, 3,200 words, no reconsideration of a denial, no late motions | MCR 7.215(I) |
| Criminal verdict or sentence, before or during appeal | New trial or correct invalid sentence | Before a timely claim of appeal, by the rules on remand if an appeal is filed, or within the time for an application for leave if appeal is by leave only | MCR 6.431(A); MCR 6.429(B) |
| Criminal conviction no longer open to appeal | Motion for relief from judgment | One motion in the court that convicted you, with limits on what claims it can raise | MCR 6.502; MCR 6.508(D) |
Reconsideration of a ruling on a motion
Reconsideration under MCR 2.119(F) is for decisions on motions. The motion must be served and filed not later than 21 days after entry of the order, unless another rule provides a different procedure, such as MCR 2.604(A) or MCR 2.612. MCR 2.119(F)(1). No response may be filed and there is no oral argument unless the court directs. MCR 2.119(F)(2). So the motion has to make its case on its face.
A reconsideration motion is still a motion, so the general form rules apply. It must be in writing, state with particularity the grounds and authority, and state the relief sought. MCR 2.119(A)(1). A motion that presents an issue of law needs a brief, and the motion and brief together may not exceed 20 pages double spaced unless the court allows more. MCR 2.119(A)(2). If the motion depends on facts that are not in the record, an affidavit must be made on personal knowledge and state facts that would be admissible as evidence. MCR 2.119(B)(1). A motion fee is due when the motion is filed. MCR 2.119(G)(1). Because the other side gets no response and there is usually no argument, I check every one of these points before the motion goes out.
An order that decides fewer than all the claims, or the rights of fewer than all the parties, does not end the action and stays subject to revision until a final judgment decides everything. It is also not appealable as of right before final judgment, although a party may apply for leave to appeal. MCR 2.604(A). MCR 2.119(F)(1) itself points to that rule as a different procedure for reconsideration. I read the order first to see which kind it is before I count any days.
The standard is stated in the rule. A motion that merely presents the same issues the court ruled on, expressly or by reasonable implication, will not generally be granted, and the moving party must demonstrate a palpable error by which the court and the parties were misled and show that a different disposition must result from correcting it. MCR 2.119(F)(3). In practice that means I do not file a reconsideration motion to repeat an argument that lost. I file it when the court overlooked a controlling provision, misread a fact in the record, or decided something nobody briefed, and when fixing that changes the result.
New trial and amending a civil judgment
For a judgment after trial, the first postjudgment motion is under MCR 2.611. A motion for a new trial or to alter or amend the judgment must be filed and served within 21 days after entry of the judgment. MCR 2.611(B). The court may also order a new trial on its own initiative within 21 days after entry of judgment, and the order must state its grounds. MCR 2.611(C). Because that motion extends the time to appeal when it is timely, I decide at the start whether the issues are better raised in the trial court first, or whether a claim of appeal should be filed now. MCR 7.204(A)(1)(d).
The grounds are listed in the rule: irregularity in the proceedings that denied a fair trial, misconduct of the jury or the prevailing party, excessive or inadequate damages influenced by passion or prejudice, a verdict clearly or grossly inadequate or excessive, a verdict against the great weight of the evidence or contrary to law, newly discovered material evidence, error of law or mistake of fact by the court, and a ground in MCR 2.612 that warrants a new trial. Substantial rights must be materially affected, and a new trial can be limited to some parties or some issues. MCR 2.611(A)(1). In a case tried without a jury, the court may set aside the judgment, take additional testimony, amend its findings and conclusions, or make new ones and direct entry of a new judgment. MCR 2.611(A)(2).
If the facts in the motion do not appear in the record, the motion must be supported by an affidavit filed and served with it. The other side has 21 days after service to file opposing affidavits, and the court may extend or shorten that period for good cause. MCR 2.611(D). The court must then give a concise statement of its reasons, in an order or opinion or on the record. MCR 2.611(F).
Two related motions run on their own clocks. A motion for judgment notwithstanding the verdict is due within 21 days after entry of judgment and may be joined with a request for a new trial. MCR 2.610(A)(1). A party whose verdict is set aside on that motion has 14 days after entry of judgment to move for a new trial and waives the right by not doing so. MCR 2.610(D). And when the only error is an inadequate or excessive verdict, the court may deny a new trial on the condition that the other side consent in writing within 14 days to a judgment in the amount the evidence will support. MCR 2.611(E)(1).
A real error does not always win a new trial. An error in a ruling, or in anything done or omitted by the court or the parties, is not a ground for disturbing a judgment unless refusing to act appears inconsistent with substantial justice. MCR 2.613(A). That is why I tie each ground to the part of the record that shows the harm.
Relief from a civil judgment after the 21 days
MCR 2.612(C)(1) lists the grounds on which the court may relieve a party from a final judgment, order or proceeding, on just terms: mistake, inadvertence, surprise or excusable neglect; newly discovered evidence that could not have been found in time to move for a new trial; fraud, misrepresentation or other misconduct of an adverse party; a void judgment; a judgment that has been satisfied, released or discharged, or is no longer equitable in its prospective application; and any other reason justifying relief. MCR 2.612(C)(1).
The timing is part of the rule. The motion must be made within a reasonable time, and within one year after the judgment for mistake, newly discovered evidence and fraud. A motion under the rule does not affect the finality of a judgment or suspend its operation, except as MCR 2.614(A)(1) provides. MCR 2.612(C)(2). That is the point that catches people. Filing a 2.612 motion does not stop the other side from collecting, so the stay and bond questions run in parallel.
The default rule on collection is in MCR 2.614. Execution may not issue on a judgment until 21 days after a final judgment is entered. If a motion for new trial, rehearing, reconsideration or other relief from judgment is filed and served within those 21 days, execution may not issue until 21 days after the order deciding the motion, unless the court orders otherwise for good cause. MCR 2.614(A)(1). For a motion under MCR 2.612 filed later, the court has discretion to stay execution on proper conditions for the security of the adverse party. MCR 2.614(B). The practical lesson is that the 21-day period protects the judgment debtor in a way a late motion does not.
Other parts of the rule are narrower. Clerical mistakes in judgments and orders, and errors arising from oversight or omission, may be corrected at any time on the court’s initiative or on motion after notice. MCR 2.612(A)(1). A defendant who had personal jurisdiction acquired but did not in fact know of the action may enter an appearance within one year after final judgment, and the court may grant relief if the defendant shows reason and innocent third persons will not be prejudiced. MCR 2.612(B). The rule also leaves the court power to hear an independent action for relief and to set aside a judgment for fraud on the court. MCR 2.612(C)(3). A default judgment has its own test: good cause and a verified statement of facts showing a meritorious defense. MCR 2.603(D)(1).
A 2.612 motion is not a substitute for an appeal. If the claim is that the trial court made a legal error, the usual place for it is the appeal, and the clock for that is running whether or not a motion is pending. Relief from judgment fits when the problem is outside the trial record, such as fraud, a defect in service, a judgment that no longer fits the facts, or new evidence found after the time for a new trial. I sort the claim into one of those categories before I choose the motion. The procedure is a motion under the rules or an independent action. The old writs of coram vobis, audita querela and bills of review are not available. MCR 2.612(C)(4).
Reconsideration in the appellate courts
In the Court of Appeals, a motion for reconsideration may be filed within 21 days after the date of the order or the date stamped on the opinion. It must put all facts, arguments and citations in a single document of no more than 3,200 words and include a copy of the order or opinion. The other side may answer within 14 days after service in a document of no more than 2,500 words. The clerk will not accept a motion to reconsider an order denying reconsideration, or a late motion. MCR 7.215(I). Because the clerk will not take a second motion, I treat the first as the only one.
The motion also has a cost in time. A Court of Appeals judgment is effective after the time to apply to the Supreme Court expires, or after the application is decided, unless the court orders otherwise. MCR 7.215(F)(1). The Supreme Court period to apply runs from an order denying a timely motion for reconsideration. MCR 7.305(C)(2)(c). In the Supreme Court itself, rehearing and reconsideration are separate motions with different deadlines. MCR 7.311(F), (G).
The Supreme Court rules add detail. A motion for rehearing is due within 21 days after the opinion was filed and may not exceed 16,000 words. A timely motion postpones issuance of the judgment order until it is denied or, if it is granted, until at least 21 days after the decision on rehearing, unless the Court orders otherwise. The other side may answer within 14 days, and there is no oral argument unless the Court orders it. MCR 7.311(F). A motion for reconsideration of a Court order is due within 21 days after the order is certified, must put everything in one document of no more than 3,200 words and must attach the order. MCR 7.311(G). Both are subject to the palpable error limits in MCR 2.119(F)(3), and the clerk refuses late-filed rehearing motions. MCR 7.311(F)(5).
Three smaller Court of Appeals rules affect planning. The Court may order that its judgment takes immediate effect, and a motion for rehearing then does not stay execution or enforcement. MCR 7.215(F)(2). If the clerk or an attorney failed to send the judgment as the rules require, a party may ask by letter that the opinion be reissued with a new entry date, but the Court will not do so unless that failure kept the party from filing a timely motion for reconsideration or Supreme Court application. MCR 7.215(F)(3). And a party who wants an unpublished opinion published has 21 days after release, or after the denial of a timely motion for rehearing, to file a letter saying why. MCR 7.215(D). I put all three dates on the calendar when the opinion arrives.
Criminal cases: new trial, a corrected sentence, and the 6.500 motion
In a criminal case the trial court can hear a motion for a new trial before a timely claim of appeal is filed. If a claim of appeal has been filed, the motion may only be filed under the MCR 7.208(B) procedure or the remand procedure in MCR 7.211(C)(1). If the defendant may appeal only by leave, or fails to file a timely claim of appeal, a motion may be filed within the time for an application for leave to appeal. MCR 6.431(A). The court may order a new trial on any ground that would support appellate reversal of the conviction, or because it believes the verdict has resulted in a miscarriage of justice, and it must state its reasons on the record or in writing. MCR 6.431(B). A motion to correct an invalid sentence follows the same timing pattern. MCR 6.429(B). The time to appeal after an order denying such a motion is 42 days from entry of the order, if the motion was timely. MCR 7.204(A)(2)(d).
Once a circuit court conviction is past appellate review, the route is a motion for relief from judgment under subchapter 6.500. It is limited to one motion per conviction, with narrow exceptions, and it bars claims that could have been raised on appeal unless the defendant shows good cause and actual prejudice. MCR 6.502(G); MCR 6.508(D).
How I handle a motion for reconsideration or relief from judgment
- Get the dates. I start with the entry dates of the order or judgment and of any earlier motion, and I count the 21-day and one-year periods from them.
- Decide which rule applies. A ruling on a motion, a judgment after trial, an old civil judgment, a default, an appellate decision and a final conviction each have a different rule and deadline.
- Protect the appeal. If a timely motion will move the appeal date, I confirm that. If it will not, I file the claim of appeal and raise the issue there.
- Find the error. For reconsideration I look for the palpable error and the different result. For relief from judgment I match the facts to a ground in the rule.
- Keep it short. Where the rule limits length, the motion stays under it, because the clerk or the court can reject what does not comply.
- Plan for collection. A motion for relief from a civil judgment does not suspend it, so I address a stay at the same time.
- Tell you the odds in plain terms. If the motion repeats what already lost, I say so and we talk about the better path.
What I need from you
Bring the order or judgment you want reconsidered, with the date it was entered. Bring the motion papers and responses, the transcript of any hearing, and any notice of entry. If the issue is new evidence, bring the evidence and anything that shows when you learned of it. If the matter is a conviction, bring the judgment of sentence, the register of actions, any earlier appeal or 6.500 filing, and the names of your earlier lawyers. Do not wait to see what the court does with a motion before checking the appeal deadline.
Where these motions are heard around Kent County
I handle these motions for clients in Grand Rapids, Kentwood, Grandville, Wyoming and across Kent County. A motion for reconsideration or a new trial goes to the judge who entered the order or judgment. MCR 2.613(B). A Court of Appeals reconsideration motion is filed in the Court of Appeals. MCR 7.215(I). The Kent County district courts are set by statute: the 61st serves the city of Grand Rapids, the 59th serves Grandville and Walker, the 62A serves Wyoming, the 62B serves Kentwood, and the 63rd serves the rest of the county. MCL 600.8128a; MCL 600.8130. The circuit court for Kent County is the seventeenth judicial circuit. MCL 600.518. I confirm the court and the deadline at the consultation.
Why people hire me for a motion to reconsider or for relief from judgment
You work directly with me, the lawyer handling the motion. I give you the strengths and weaknesses straight, including when a second look is unlikely to change the result and when the better move is an appeal. I read the order and the rule first, and then we decide together how to proceed.
Fees depend on the matter, its complexity and the work required. I explain my fee arrangement at the consultation, before you decide whether to hire me.
Questions I hear from people asking a court to take a second look
How do I ask a Michigan trial court to reconsider its ruling on a motion?
Under MCR 2.119(F)(1), a motion for rehearing or reconsideration of a decision on a motion must be served and filed within 21 days after entry of the order deciding the motion. A motion that only repeats issues the court already decided will generally not be granted. You must show a palpable error that misled the court and the parties, and that a different disposition must result from correcting it.
How do I ask a Michigan trial court for a new trial or to amend a civil judgment?
Under MCR 2.611(B), a motion for a new trial or to alter or amend a judgment must be filed and served within 21 days after entry of the judgment. Grounds include irregularity in the proceedings, jury or prevailing-party misconduct, excessive or inadequate damages influenced by passion or prejudice, a verdict against the great weight of the evidence, newly discovered evidence, and error of law.
Can a Michigan civil judgment be set aside after the 21 days have passed?
Possibly, under MCR 2.612(C). The grounds include mistake or excusable neglect, newly discovered evidence, fraud, a void judgment, a judgment that has been satisfied or is no longer equitable, or any other reason justifying relief. The motion must be made within a reasonable time, and within one year for mistake, newly discovered evidence or fraud. It does not suspend the judgment.
Can I ask the Michigan Court of Appeals to reconsider its decision, and how long do I have?
Yes. MCR 7.215(I) allows a motion for reconsideration within 21 days after the date of the order or the date stamped on the opinion. It must put all facts, arguments and authorities in one document of no more than 3,200 words, with a copy of the order or opinion attached, and it is subject to the palpable error limits in MCR 2.119(F)(3).
What is the difference between rehearing and reconsideration in the Michigan Supreme Court?
A motion for rehearing challenges the Court’s opinion and is due within 21 days after the opinion was filed. A motion for reconsideration challenges a Court order and is due within 21 days after the order is certified. MCR 7.311(F) and (G) require stated reasons and set length limits, and the clerk is directed to refuse late-filed motions and motions to reconsider the denial of an earlier rehearing or reconsideration motion.
Can the other side ask the Michigan Court of Appeals to dismiss or affirm before briefing finishes?
Yes. Under MCR 7.211(C)(2), an appellee can move to dismiss any time before the case is placed on a session calendar because the appeal is outside the court's jurisdiction, was not filed or pursued under the rules, or is moot. After the appellant's brief is filed, MCR 7.211(C)(3) allows a motion to affirm if the questions are so unsubstantial as to need no argument or were not timely or properly raised.
Related Michigan pages
- Michigan appeals lawyer
- Civil appeals
- Standards of review and preserving issues
- Appeal stays, bonds and costs
- Civil discovery and trial
I handle motions for reconsideration, new trial and relief from judgment in Michigan for either side of a ruling. Contact me 24/7 by phone or email. Your Rights, My Fight! Call for a free initial consultation.
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Law Offices of Mitchell S. Bisson, 2828 Kraft Ave SE, Suite 295, Grand Rapids, MI 49512, serving Kent County and West Michigan.
This page provides general information about Michigan law and is not legal advice. Reading it does not create an attorney-client relationship. Laws change and every case turns on its own facts. Consult a licensed attorney about your specific situation.