How to File an Appeal in Michigan – Claim of Appeal – Part 2

ClaimOfAppeal-2

Do you feel overwhelmed by the process of filing an appeal?

Are you wondering what is being appeal by a claim of appeal?

Welcome back to our series, How to File an Appeal in Michigan. This series helps breaking down the Michigan Court of Appeals Handbook, which is a great resource, however, without a law degree can be difficult to understand.

If you are looking where to start, I would encourage you to start with 3 Facts to Know about the Michigan Court of Appeals.

Last time, we discussed who is able to file a claim of appeal in How to File an Appeal in Michigan – Claim of Appeal Part 1. Now that we know who can appeal, let’s take a look at what is being appealed by a Claim of Appeal.

The first key item is in order to utilize the Claim of Appeal, the judgment has to be from the lower court or administrative tribunal, if this is not the case you cannot appeal.

In criminal cases make sure to file a claim of appeal only from the final judgment or the ordered entered in from the circuit court. The final judgment looks likes one of 4 options:

  1. The first sentence given after the conviction.
  2. After a properly filed motion for resentencing and the sentence is given
  3. After appealing and given a sentence
  4. When the original conviction was not based on a plea and a sentence was entered after revocation of probation.

In civil cases, you may file a claim of appeal in the circuit court if:

  • The original order or judgment that has determined the claims and liabilities of all the involved parties.
  • In a domestic relations action, a post judgment order that affects the custody of a minor child. (This is restricted to the one issued noted.)
  • When there is a post judgment order that is for the cost and fees of attorneys.
  • When a government party is denied governmental immunity. (This is restricted to the one issue noted.)

In civil cases you may file a claim of appeal if it affects your interest or rights in an estate or trust given by the probate court.

In civil cases you may file a claim of appeal after the administrative tribunal givens a judgment or order, such as:

  • Certain Michigan Public Service Commission orders,
  • Michigan Employment Relations Commission final orders
  • Tax Tribunal final orders,
  • Certain health profession disciplinary subcommittee final decisions, and
  • Michigan Employment Relations Commission final orders

Next time in our series called How to File an Appeal in Michigan, we will be look at where to file your claim of appeal. Filing for an appeal can be an emotional and difficult process. The important thing to remember is that you are not alone. If you have any questions, please do not hesitate to call.

 

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