Michigican Court Rules concerning Appellant Brief - Circuit Court
In Michigan what is the next step I can take if the Circuit Court Judge denied my motion to extend time for filling by Appellant Brief? Here's the situation: My file date was May 5th however I had mistakenly thought it was on April 28th. After spending every night for three weeks at a local university's law library where I had access to Westlaw I wrote my 30 page brief and saved it to the same removable disc that I had saved all my research on. I took the disc to Kinkos to print out the 5 required briefs according to MCR at 2pm April 28th. Unfortunately their computer corrupted my disc and nothing at that time could be printed. Kinkos thought that they could recover the data but it would take time. Frantically because I thought it was due by 5pm that day I went and filed a motion to extend time for filing until May 1st thinking they could recover the data. I filed the motion and received a hearing date (on the motion) of May 19th and returned to Kinkos to find out that nothing could be recovered at all. I had nothing backed up so I had to start from scratch. Unfortunately to my surprise because of the ending of Spring term the University's Law Library was now closed for 1 week until May 8th. I went to the public library and other local college libraries to redo everything with their limited resources and eventually handed in my brief on May 12th a week later than the true filing date and 10 pages shorter than the original brief. Of course the Appellee's lawyer objected to my motion. At the motion hearing the Judge ruled that he found my reasoning to extend was not good cause and denied my motion. Does this cause the entire appeal to be dismissed? If so is there anything I can do to get it reinstated or am I S.O.L.? I hope not because the Plaintiff's lawyers already indicated in the District Court transcripts that I have a substantive legal issue and I may well be successful on appeal.
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