What can I appeal with an application for leave?
Welcome back to our How to File an Appeal in Michigan series. In this series, we have been an in-depth look at Michigan’s appeals process by utilizing the Michigan Court of Appeal Handbook. This handbook is a great resource, but even while it is meant for non lawyer types, sometimes it takes a lawyers explanation for things to make sense.
This is the second part of our series. Earlier, we reviewed the process of qualifying and applying for a claim of appeal. A claim of appeal is one of the three ways you can file for an appeal. Today, we are on to our second part of how to file for an application for leave. If you are new you will want to start with How to File an Appeal in Michigan – Application for Leave of Appeal – Part 1.
As long as an order had been issued by the lower court you are able to appeal it. If there has been no order issued you cannot file an appeal.
Here are the following orders that you may appeal by filing for a leave of appeal.
- When an ordered in entered into the lower court that is not the final judgment. Or an order that influencing the controversy.
- You may appeal the circuit court final judgment. Or an order of appeal from a district or probate court. Or an ordered from administrative tribunal.
- After a plea of guilty or nolo contender/ no contest and a judgment of sentence is given in the circuit court.
- If you were unable to file for an appeal in a timely manner but have a right to file you may file an application for leave of appeal.
Make sure to come back Wednesday because we will be diving into when you can apply for an application for leave of appeal. Knowing when you can file is difficult because it depends on when the order was given.
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.