A version of this article was previously published in the
Michigan Defense Quarterly, Vol. 40, No. 3 (2024).
There may be times when a party facing an adverse summary
disposition decision (whether it be the grant or denial of such a
motion) wishes either to raise a new issue or submit new evidence
in a motion for reconsideration under MCR 2.119(F). Is this proper?
The weight of authority from the Michigan Supreme Court and Court
of Appeals suggests a party proceed with caution.
With regard to submitting new evidence at the reconsideration
stage, the Supreme Court in Quinto v Cross & Peters
Co, 451 Mich 358; 547 NW2d 314 (1996), refused to consider an
affidavit that was not submitted in response to the defendant's
motion for summary disposition, but was instead offered for the
first time as part of the plaintiff's motion for
reconsideration. In declining to consider the affidavit, the
Quinto Court observed that it "was not before the
trial court":
