When can I apply for an application for leave of appeal?
I heard that if my order was entered before September 1, 2011, I have a different time line. Is that true?
Today, in our series How to File an Appeal in Michigan, we will be discussing when you can file for an application for leave of appeal. In this series we have been breaking down the Michigan Court of Appeal Handbook, into easy digestible segments. Filing an appeal is an overwhelming experience for anyone but with having a little extra knowledge you can breathe easier.
Depending on whether your order was entered before or after September 1, 2011 will make a difference in your timeline on when you can file. Your first step in finding when to file is figuring out when your order was entered.
Today we are reviewing when to file if your order was entered before September 1, 2011. If your order was entered after that date, please stay tuned for Fridays post where we will be covering when to apply for orders entered after September 1, 2011.
The When in a Criminal Case
If you are filing a timely application for leave to appeal you must file within 21 days when your ordered was entered.
If you were unable to file in a timely manner, you will want to file a delayed application for leave to appeal. You must file in 1 of 3 ways:
- You must file within 12 months after you order is entered by the circuit court or an order that has denied your timely filed post-judgment motion.
- If you are trying to file beyond 12 months, it must be filed be filed within 21 days of your order being denied, whether it is for a new trial, judgment of acquittal, withdrawal of a plea of correction of an invalid sentence that has been filed within 6 months after your ordered had been entered by the circuit court.
- You must file within 42 days if you are filling a delayed request for the courts to order your counsel in the lower courts, order your transcripts within 28 days denying appointment of counsel, all within 12 months after the circuit court entered the judgment.
Quick Note: “An application from an order denying a motion for relief from judgment must be filed within 12 months after the circuit court enters the order.”
The When in Civil Cases
- You have 12 months from the time the circuit court enters the order to file an application in a worker’s compensation case.
- 63 days is all they give you if you are filing a delayed application for leave to appeal in a termination of parental rights case.
Quick Notes: “A timely application for leave to appeal must be filed within 21 days after entry of the judgment or order you are appealing. A delayed application for leave to appeal must be filed within 12 months after entry of the judgment or order you are appealing, or entry of an order denying a timely filed motion for new trial, reconsideration, or other post-judgment relief.“
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.