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How to File an Appeal in Michigan – Claim of Appeal Part 1

Claim Of Appeals Part 1

Are you looking to get your parental rights back?

Do you feel that you were wrongly convicted?

Welcome back to our series, How to File an Appeal in Michigan. In early August, I posted an article about the Michigan Court of Appeals in 3 Facts to Know About the Michigan Court of Appeals. In that article, we referenced the Michigan Court of Appeals Handbook, which is a great resource, however, without a law degree can be difficult to understand.

To help with that, the series called How to File an Appeal in Michigan was created. In this series, I will be dissecting the Michigan Court of Appeals Handbook making the process of filing an appeal easier to understand. If you have not already read 3 Facts to Know About the Michigan Court of Appeals, I would encourage you to start there.

Today, we begin taking an in depth look into the criteria and requirements for filing a Claim of Appeal. Filing a claim of appeal is great because the court has to give you a full review, consider your arguments and issue you out a decision. The handbook does a great job in breaking up each appeal into “who, what, where, where and how”.

First things first: The Who.  In order to file for a Claim of Appeal, you need to be an “aggrieved party”. The handbook breaks up the term for better understanding.

By party, it means that you would have had to be in the group in the case that had been in the lower court or administration. What it is saying is that you cannot appeal on behalf or a child, spouse, friend or relative.

By “aggrieved”, the courts mean one of 3 options:

  1. For a criminal case, you have had to be convicted after trial of a crime and been given a sentence that was entered in the circuit court.
  2. Your parental rights have been terminated by the circuit court family division
  3. Lastly, in civil cases, your legal rights have been prejudiced or there is interest in money by the lower courts judgment.

Make sure to come back on Wednesday for How to File an Appeal in Michigan – Claim of Appeal, Part 2, because I will be looking at what is being appeal by a claim of appeal.

 

Please Note:

While the Michigan Court of Appeals Handbook is written for an individual who is not represented by a lawyer, please note the word of caution in the introduction below.  If you need help filing a appeal, call me at: 248-348-7400.

Appeal Caution

This article was published on: August 27, 2012 and was last modified April 18, 2016