Michigan criminal defense attorney

3 Facts to Know About the Michigan Court of Appeals

Michigan Court of AppealsAre you looking to file a complaint?

Do you want to become more familiar with the Michigan Court of Appeals?

Today, we are taking a looking at the Michigan Court of Appeals. Have you ever want or have filed a complaint? Are you currently looking for some information so that you can apply? Here at The David J. Kramer Law Firm, PLLC, we want to help you by answering basic questions like, where are the Michigan Courts of Appeals, what is an appeal, and what types of appeals are there.

3 Facts to Know: Michigan Court of Appeals

  1. What is an Appeal?
    It is important to remember that an appeal is not a new trial. No new witness or evidences is called forth. According to the Michigan Court of Appeals Handbook, the definition of appeal is,

    “A request made to a higher court for review of the lower court’s or administrative tribunal’s decision to determine if it was correct.  The party that appeals is called the “appellant,” the other party is the “appellee.””

  2. Locations
    These locations are open 9:00am to 5:00pm, Monday – Friday accepts on Court Holidays.

    • Detroit
      Cadillac Place
      3020 W. Grand Boulevard, Suite 14-300
      Detroit, MI  48202
      Telephone:  (313) 972-5678
    • Troy
      Columbia Center
      201 W. Big Beaver, Suite 800
      Troy, MI  48084
      Telephone:  (248) 524-8700
    • Lansing
      Hall of Justice
      925 W. Ottawa St., P. O. Box 30022
      Lansing, MI  48909-7522
      Telephone:  (517) 373-0786
    • Grand Rapid
      State of Michigan Office Building
      350 Ottawa St. NW
      Grand Rapids, MI 49503-2349
      Telephone:  (616) 456-1167 
  3. Types of Appeals
    The Michigan Court of Appeals Handbook lists three types of appeals that can begin the process in the Court of Appeals.

    • A claim of appeal. This is when the applicant is filing an appeal based on a “matter of right provided by the Michigan Constitution, a statute or court rule.” As long as you file all of the documents that is required and on time the Court of Appeals has to review your arguments and deliver a decision.
    • An application to leave this appeal. This is when you do not have a guaranteed right to file. First the Court of Appeals will decide if they are going to give you a full review and this is based on the information you provide for them. Remember you have to file your documentation on time. If they do decide to give you a full review, they will consider your arguments and deliver a decision. 
    • Action for an extraordinary writ or an original action. This is used when you are requesting the Court of Appeals to utilize its power over the lower court or tribunal or to implement it authority to compel a public offices to do his or her duty.

Please Note

While the Michigan Court of Appeals Handbook is written for someone who is not represented by a lawyer, please note the word of caution in the introduction. If you need help filing a appeal, call me.

CAUTION:

The publication of this manual should not be viewed as encouragement for non-attorneys to represent themselves.  Bringing a case before the Court of Appeals without an attorney is a difficult, if not impossible, task.  You must present a legal wrong and cite legal authority to support your position – presenting a moral or ethical wrong is not sufficient. Prosecuting an appeal will involve a great deal of time and effort, and cause a great deal of frustration.  In most cases, you have only one opportunity to have the Court hear your case.  A failure to follow all the applicable procedures may result in dismissal of your case and loss of that opportunity.  Therefore, the decision to proceed without an attorney should only be made after very serious consideration.

This article was published on: August 10, 2012 and was last modified August 13, 2016