“In a child protective proceeding, the verdict must be whether one or more of the statutory grounds alleged in the petition have been proven.” MCR 3.972(E).
A.Motions for Directed Verdict
A motion for directed verdict is permitted only at an adjudication trial before a jury; a motion for directed verdict is prohibited at an adjudication trial before the bench. In re Miller, ___ Mich App ___, ___ (2023) (holding that the trial court erred by granting the respondent’s motion for directed verdict after petitioner presented its evidence at a bench trial because the court rule applicable to motions for directed verdict, MCR 2.516, is expressly made applicable to child protective proceedings by MCR 3.911(C), which governs procedure for jury trials in juvenile cases; trial court’s decision affirmed because it reached the right result albeit for the wrong reason).
When a motion for directed verdict is permissible, “[a] party may [make the motion] at the close of the evidence offered by an opponent. The motion must state specific grounds in support of the motion. If the motion is not granted, the moving party may offer evidence without having reserved the right to do so, as if the motion had not been made. A motion for a directed verdict that is not granted is not a waiver of trial by jury, even though all parties to the action have moved for directed verdicts.” MCR 2.516. See MCR 3.911(C), which indicates that MCR 2.516 applies to child protective proceedings.
The judge may grant a motion for directed verdict only “when the evidence does not establish a prima facie case and reasonable persons would agree that there is an essential failure of proof.” Auto Club Ins Assoc v Gen Motors Corp, 217 Mich App 594, 601 (1996). The evidence and all legitimate inferences that may be drawn from it must be viewed in a light most favorable to the nonmoving party. Caldwell v Fox, 394 Mich 401, 407 (1975).
A verdict in a child protective proceeding is reached when five of the six jurors agree.1 MCR 3.911(C)(2)(b). A party may require the jury to be polled. MCR 2.514(B)(2). If the number of jurors agreeing is less than required, the jury must be sent out for further deliberation. MCR 2.514(B)(3). If the required number of jurors agrees to a verdict, it is deemed complete, and the court must discharge the jury. Id.
The court may also discharge and order a new jury:
“(1) because of an accident or calamity requiring it;
(2) by consent of all the parties;
(3) whenever an adjournment or mistrial is declared;
(4) whenever the jurors have deliberated and it appears that they cannot agree.
The court may order another jury to be drawn, and the same proceedings may be had before the new jury as might have been had before the jury that was discharged.” MCR 2.514(C).
1 See Section 12.1(C) on findings and conclusions in nonjury trials.