“The court is given considerable discretion in the matter of expanding the record if further information is necessary to decide the motion.” 1989 Staff Comment to MCR 6.507.
“If the court does not deny the motion pursuant to MCR 6.504(B)(2), it may direct the parties to expand the record by including any additional materials it deems relevant to the decision on the merits of the motion.” MCR 6.507(A). “The expanded record may include letters, affidavits, documents, exhibits, and answers under oath to interrogatories propounded by the court.” Id.
“[W]hen expansion of the record is necessary to resolve a defendant’s motion for relief from judgment under [MCR 6.500 et seq.], it can only do so within the constraints set out in MCR 6.507(A).” People v Sanders (Sam), 497 Mich 978-979 (2015). A procedural error was committed where the court “did not direct the parties to expand the record, but rather acted sua sponte to conduct an evidentiary hearing at which the defendant’s trial counsel was questioned directly by the court[,] . . . [and t]he defendant . . . was not represented by counsel.” Id.
B.Submission to Opposing Party
If a party submits items to expand the record, the party must serve copies of the items on the opposing party, and the court must afford the opposing party “an opportunity to admit or deny the correctness of the items.” MCR 6.507(B).
“The court may require the authentication of any item submitted under [MCR 6.507].” MCR 6.507(C).