What happens if my order was entered on or after September 1, 2011?
Happy Monday and welcome back to our series on How to File an Appeal in Michigan. During this series, we have reviewed the Michigan Court of Appeal Handbook and broke it down to make it easily digestible. If you are looking to start at the beginning you can start at How to File an Appeal in Michigan – Application for Leave of Appeal – Part 1.
Today, we will be going over when to file if the order that you would like appeals was entered into the courts on or after September 1, 2011.
The When – Criminal Cases
Your best bet is to apply within a timely manner. A timely manner would mean that the appeal is file within 21 days after your order that you are applying was entered by the lower court.
If a timely filed application is not a possibility then you will be filing a delayed application. To file a delayed application for leave to appeal you must,
- File within 6 months of you order that you would like to appeal was entered into the lower courts. Or 6 months after an order that denied a timely filed post-judgment motion.
- Beyond 6 months if the application is filed within 21 days of the order having been entered for a judgment of acquittal, new trial or withdrawal of a plea of correction of an invalid sentence that has been filed with 6 months after your order has been entered by the circuit court.
- You must file within 42 days if you are filing 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 6 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 6 months after the circuit court enters the order”
The When – Civil Cases
- You have 6 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 Note: “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 6 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.”
The Michigan Court of Appeals Handbook is written for individuals who are not represented by a lawyer, however, please note the word of caution in the introduction below. If you need help filing a appeal, call me at: 248-348-7400.