Sec. 16.
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.
History: 1956, Act 5, Eff. Aug. 11, 1956
Structure Michigan Compiled Laws
Chapter 730 - Justice Courts and Municipal Courts
Act 5 of 1956 - Michigan Uniform Municipal Court Act (730.501 - 730.534)
Section 730.501a - Uniform Municipal Court Act; Definitions.
Section 730.502 - Name of Court; Title of Judges, Entitlement of Papers.
Section 730.503 - Candidates; Designation; Incumbency Designation.
Section 730.504 - Incumbent Judges or Justices; Nonapplication of Act.
Section 730.505 - Incumbent Judges or Justices; Continuation, Vacancies.
Section 730.506 - Substitute Judges; Assistance of Other Judges.
Section 730.507 - Substitute Judges; Compensation.
Section 730.508a - Municipal Court Judge; Eligibility; Requirements.
Section 730.509 - Files, Records and Dockets.
Section 730.510 - Jurisdiction of Successor Judges.
Section 730.511 - Set Time for Trial; Hearing or Action.
Section 730.512 - Judges; Rule Making Power.
Section 730.513 - Presiding Judge; Designation, Term, Absence.
Section 730.514 - Presiding Judge; Powers and Duties, Motions, Bonds, Defaults, Rule Powers.
Section 730.515 - Motions; Form, Filing, Hearing, Notices.
Section 730.516 - Setting Aside Verdict or Judgment; New Trial; Procedure.
Section 730.517 - Instructions to Jury; Requests to Charge.
Section 730.518 - Directed Verdicts; Condition.
Section 730.520 - Judgment in Case of Disagreement of Jury.
Section 730.521 - Civil Process; Service Anywhere in County.
Section 730.522 - Concurrent Jurisdiction; Replevin; Jurisdictional Amount.
Section 730.523 - Appeals in Criminal Cases.
Section 730.523a - Appeal in Civil Action or Criminal Case; Effect of Resolution.
Section 730.524 - Attorney Fees Taxable.
Section 730.525 - Matters Returnable Before Presiding Judge.
Section 730.526 - Conduct of Trial by Litigants or Attorneys; Contempt for Violation.
Section 730.527 - Bail; Setting Date for Examinations; Recognizance in Criminal Cases.
Section 730.528 - Provisions Applicable to Municipal Judges and Municipal Courts; Fees.
Section 730.529 - Judgments; Signing by Judges.
Section 730.530 - Conciliation Division; Judges; Clerks; Jurisdictional Amount.
Section 730.531 - Conciliation Division; Summons, Default, Hearings, Adjournment.
Section 730.532 - Conciliation Division; Settlement; Judgment, Payment.
Section 730.533 - Conciliation Division; Transfer to Regular Division; Costs.
Section 730.534 - Michigan Uniform Municipal Court Act; Short Title.