Claim of Appeal in Michigan – How to Determine if You Can File

Claim Of Appeal Part 4

Have your parental rights been terminated?

Were you convicted of a crime that you did not do?

Over the last few years, I have written articles about the different aspects of filing for an appeal in Michigan. Today, I’m compiling one “go to” article with the information that will help you determine whether or not you can file a claim of appeal.

Please remember while reading this article, that I am providing general information about the appeals process. Your personal situation is unique. For that reason, if you have specific questions, you are welcome to contact me through this blog, Facebook, or by calling my office.

Before we get started, let me first explain why using the claim of appeal process can benefit you when filing for an appeal. It is the first of 3 processes when filing for an appeal.

The Benefits to Filing a Claim of Appeal

The biggest benefits to filing this type of an appeal, (yes there are more than one type of appeals) is,

  • That the court must give you a full review.
  • The court must consider the arguments you make and if you have a defense lawyer, your lawyer’s arguments.
  • The count must give you a decision.

By filing a claim of appeal, you ensure that there will be a decision made.

Do You Qualify to File for a Claim of Appeal?

You Must be The Aggrieved Party

In order to file of a claim of appeal, you must be the aggrieved party.

In an article I wrote in August of 2012, How to File an Appeal in Michigan – Claim of Appeal Part 1, I explained that aggrieved party has one of three meanings,

  1. In criminal cases, once the trial is over, a conviction has been heard and a sentence given that was entered into the circuit court.
  2. The circuit court family division has agreed to terminate your parental rights.
  3. In civil cases, either your legal right has been discriminated or the lower courts judgment has an interest in money.

In order to file, you must be a part of the party or group that has been in lower courts. You cannot appeal on behalf of someone else.

Another key aspect is that the judgment has to be from the lower court or administrative tribunal.

Let’s break up the criminal cases and the civil cases and discuss what would be appeal in each case.

Criminal Cases

In criminal cases, you are only appealing the final decision. If you are unsure what that final decision is, it could be one of the following options below,

  • After the conviction, the sentence that is given.
  • The sentence that is given after properly filing a motion.
  • You are given sentence after you have tried appealing.
  • The sentence that was entered after the revocation of probation, only if the original conviction was not a plea.

Civil Cases

For civil cases, you can file a claim of appeal,

In the Circuit Court

  • If the judgment order has affected the custody of a minor child.
  • If the claims and liabilities of all parties and original order or judgment has been issued.
  • If the judgment order is for the cost and fees of the attorneys.
  • If government immunity has been denied to a government party.

Probate Court

  • You may file a claim of appeal if the probate court has given estate or trust and it impacts your right or interest.

After the Administrative Tribunal Gives Judgment like,

  • The order given by certain Michigan Public Service Commission.
  • The final order given by the Michigan Employment Relations Commission.
  • The final order given by Tax Tribunal.
  • The final decisions give by health professions on a disciplinary subcommittee.

Summary

There are a lot of benefits to using the claim of appeal when you need to file an appeal, but first you have to qualify for it. Please note that bringing a case before the Court of Appeals without an attorney is a difficult task that will require a great deal of time, effort and expertize. If you have any questions about your own personal situation, please contact my office. We are here to help.

248-348-7400 or 586-530-1000

Caution