Do you have a hard time reading legal documents?
Are you trying to figure out how to file an appeal?
Earlier this month, 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 it can be difficult to understand.
To help with that, I am going to be posting a series called How to File an Appeal in Michigan. In this series, I will be dissecting the Handbook to help make the process of filing an appeal easier. If you have not already read 3 Facts to Know about the Michigan Court of Appeals, I would encourage you to start there.
How to Choose the Type of Appeal or Action to File
Welcome to How to File an Appeal in Michigan! I am excited to kick off this series with How to Choose the Type of Appeal or Action to File.
Before we get started, one quick fact to know about filing appeals is if you have been considered “indigent”, which is a fancy way of saying poor or needy, then your first step is filling out and turning in a request for counsel form that the lower court will provide. The court will appoint you counsel to represent you, order the transcripts and file the claim appeal for you. Before you go ahead and do make sure to read American Civil Liberty Sues State of Michigan.
If you are looking to appeal a decision by the lower court there are 3 ways to file. The first being Claim of Appeal. The second being an Application for Leave of Appeal and the third being Original Action. For the first two ways, the lower courts have to had issued an order that you would like to appeal.
Claim of Appeal
First things first: You need to know if you qualify for a Claim of Appeal. You can do that by review the criteria. The benefit to this action is that the arguments must be reviewed by the court of appeals and a decision must be made.
Application for Leave of Appeal
If you are unable to qualify for a Claim of Appeal then you will need to first make sure you meet the requirements and if you do file through an Application for Leave Appeal.
This appeal is when the lower court or even a public official has refused to issue an order. You will need to decide whether original action will be the given you what you need to appeal and which original action will be best for you.
If you are wondering how you will know if you meet the requirements for the different appeals, I will be reviewing the requirements next week.
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.