So, how to I apply for an application for leave of appeal?
Today is our last article on How to File an Appeal in Michigan – Application for Leave of Appeal and the conclusion of our 2nd part of the series How to File an Appeal in Michigan. On this last day, we are examining the Michigan Court of Appeal Handbook and how to actually file for an application for leave of appeal.
The following documents must be filed correctly and submitted on time.
- Obtain 5 copies of the application for leave to appeal and structure it in the form of a brief. One of these copies must be signed.
- You will need 5 copies of the judgment or the order you would like to appeal. In addition, make sure you have 5 copies of any opinion of findings of fact that the lower court had issued and attach them.
- Acquire 5 copies of the present register of actions by the lower court, showing the entry of the order you would like to appeal and any post-judgment order that has been issued.
- For a delayed application, obtain 5 copies of a statement explaining your reasons for this delay.
- In the concern of an appeal that involves a tribunal action, you will need to obtain proof that there is an order for the agency record or a copy of your letter that requests the record. Please note that you may have to pay money to the agency.
- You will need 1 copy of the transcript that substantiates the issues you are raising on your application. Please note: “The court reporter/recorder will file the transcript with the trial court, not the Court of Appeals. You must provide this Court with a copy of the transcript.”
- Secure the proof of services that states you have given all the parties in the lower court and in a criminal case, the Prosecuting Attorney for the county, a copy of the application for leave to appeal.
- Lastly, a money order or check of $375 for the entry fee.
All the documents that are listed above will be found in the Michigan Court of Appeal Handbook. If you have any further question, please do not hesitate to call. Filing for any appeal can feel overwhelming, but you do not have to do it alone. Having a lawyer that is by your side and has the “know how” can take the pressure off of you.
The Michigan Court of Appeals Handbook is written for those individuals who do not have legal representation. However, please consider the caution in the first sentence below. If you need assistance in filing a appeal, call me at: 248-348-7400.