Part A: Procedural Issues
1.2Limitations on Authority of Lower Court or Tribunal
“[A] trial court may not normally set aside or amend a judgment or order appealed from except under limited circumstances[.]” People v Martin, 271 Mich App 280, 331 (2006).
“After a claim of appeal is filed or leave to appeal is granted, the trial court or tribunal may not set aside or amend the judgment or order appealed from except
(1) by order of the Court of Appeals,
(2) by stipulation of the parties,
(3) after a decision on the merits in an action in which a preliminary injunction was granted, or
(4) as otherwise provided by law.” MCR 7.208(A).
“In a criminal case, the filing of the claim of appeal does not preclude the trial court from granting a timely motion under [MCR 7.208(B)1].” MCR 7.208(A).
1 See Section 1.3 for more information on MCR 7.208(B).