Rule 7.208 - Authority of Court or Tribunal Appealed From(A) Limitations. 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. In a criminal case, the filing of the claim of appeal does not preclude the trial court from granting a timely motion under subrule (B).
(B) Postjudgment Motions in Criminal Cases.(1) Within the time for filing the defendant-appellant's brief as provided by MCR 7.212(A)(1)(a)(iii), the defendant may file in the trial court a motion for a new trial, for judgment of acquittal, to withdraw a plea, or to correct an invalid sentence.(2) A copy of the motion must be filed with the Court of Appeals and served on the prosecuting attorney.(3) The trial court must hear and decide the motion within 56 days of filing, unless the court determines that an adjournment is necessary to secure evidence needed for the decision on the motion or that there is other good cause for an adjournment.(4) Within 28 days of the trial court's decision, the court reporter or recorder must file with the trial court clerk the transcript of any hearing held.(5) If the motion is granted in whole or in part,(a) the defendant must file the appellant's brief or a notice of withdrawal of the appeal within 42 days after the trial court's decision or after the filing of the transcript of any hearing held, whichever is later;(b) the prosecuting attorney may file a cross-appeal in the manner provided by MCR 7.207 within 21 days after the trial court's decision. If the defendant has withdrawn the appeal before the prosecuting attorney has filed a cross-appeal, the prosecuting attorney may file a claim of appeal or an application for leave to appeal within the 21-day period.(6) If the motion is denied, defendant-appellant's brief must be filed within 42 days after the decision by the trial court or the filing of the transcript of any trial court hearing, whichever is later.(C) Correction of Defects. Except as otherwise provided by rule and until the record is filed in the Court of Appeals, the trial court or tribunal has jurisdiction(1) to grant further time to do, properly perform, or correct any act in the trial court or tribunal in connection with the appeal that was omitted or insufficiently done, other than to extend the time for filing a claim of appeal or for paying the entry fee or to allow delayed appeal;(2) to correct any part of the record to be transmitted to the Court of Appeals, but only after notice to the parties and an opportunity for a hearing on the proposed correction. After the record is filed in the Court of Appeals, the trial court may correct the record only with leave of the Court of Appeals.
(D) Probate Actions. The probate court retains continuing jurisdiction to decide other matters pertaining to the proceeding from which an appeal was filed.(E) Supervision of Property. When an appeal is filed while property is being held for conservation or management under the order or judgment of the trial court, that court retains jurisdiction over the property pending the outcome of the appeal, except as the Court of Appeals otherwise orders.(F) Temporary Orders. A trial court order entered before final judgment concerning custody, control, and management of property; temporary alimony, support or custody of a minor child, or expenses in a domestic relations action; or a preliminary injunction, remains in effect and is enforceable in the trial court, pending interlocutory appeal, except as the trial court or the Court of Appeals may otherwise order.(G) Stays and Bonds. The trial court retains authority over stay and bond matters, except as the Court of Appeals otherwise orders.(H) Matters Pertaining to Appointment of Attorney. Throughout the pendency of an appeal involving an indigent person, the trial court retains authority to appoint, remove, or replace an attorney except as the Court of Appeals otherwise orders.(I) Acts by Other Judges. Whenever the trial judge who has heard a case dies, resigns, or vacates office, or is unable to perform any act necessary to an appeal of a case within the time prescribed by law or these rules, another judge of the same court, or if another judge of that court is unavailable, another judge assigned by the state court administrator, may perform the acts necessary to the review process. Whenever a case is heard by a judge assigned from another court, the judicial acts necessary in the preparation of a record for appeal may be performed, with consent of the parties, by a judge of the court in which the case was heard.(J) Attorney Fees and Costs. The trial court may rule on requests for costs or attorney fees under court rule or other law, unless the Court of Appeals orders otherwise.Last amended effective 6/21/2017; amended September 30, 2020, effective 1/1/2021.