Motion for relief from judgment; MCR 6.502; Timeliness; Mootness

In an order in lieu of granting leave to appeal the Court of Appeals order denying the delayed application for leave to appeal, the court vacated the trial court’s order denying defendant’s motion for relief from judgment, and remanded to the trial court for reconsideration. The trial court stated that it was denying the motion because it was “untimely” and because it was moot since defendant had “been released from prison and/or parole” had been terminated. However, the court noted that there is no deadline in MCR 6.502 “by which motions for relief from judgment must be filed.” In addition, the prosecution conceded there was no basis for finding that the motion was moot.