Opinion
No. 132210.
November 13, 2006.
Appeal from the Court of Appeals No. 264247.
Leave to Appeal Denied November 13, 2006.
MCR 7.211(C)(1)(b) states that a motion to remand must be granted if accompanied by a certificate from the trial court indicating that the judge will grant a motion for a new trial. In this case, the Court of Appeals did not grant petitioner's motion to remand for a new trial. Instead, it took different action, remanding for an evidentiary hearing at which defendant could then move for a new trial. I would grant leave to appeal so that the Court can clarify MCR 7.211(C)(1)(b). The only motion referred to in subsection b appears to be a motion to remand for a new trial. I question whether the court rule allows the Court of Appeals to remand for any purpose other than the purpose sought by the petitioner here, a new trial.