Don’t qualify for a claim of appeal?
Are you wondering if you can file an appeal even if you don’t qualify for a claim of appeal?
For today’s article, I wanted to take some time to detail the process of filing for an application for leave of appeal. We will look into who can file, what you are filing, how to file and much, much more.
Please remember that this information is provided to you free of charge. While information is free, it is also general and should not be taken as legal council. If you have specific questions, my recommendation would be to contact my office.
What is Different About a Leave of Appeal?
When filing a claim of appeal isn’t possible, it is time to look into filing an application for leave of appeal. This kind of appeal differs, because you do not have an automatic right to it.
Instead, the Michigan Court of Appeals will first decide if that will even grant you a full review. The decision will be based on the information you provide for them. If the decision is made to review your appeal, then a review will be done and an decision issued.
If you are not sure if you can qualify for a Claim of Appeal, check out an article we wrote back in February that details who qualifies called Claim of Appeal in Michigan – How to Determine if you Qualify.
Who Can File an Application For Leave Appeal?
The first step is whether or not you have a standing or that you are an aggrieved party. Those two terms may look like some lawyer buzz words, so let me break them down.
You are aggrieved when,
- The circuit court entered a sentence for a crime you committed.
- Your parental rights have been terminated by the family division.
- Your monetary interest or legal rights have been invaded or prejudiced against by the lower court or administrative tribunal.
To be considered a party, you have to have had a case in the lower court or administrative tribunal system. Unfortunately, no one — not even your spouse, mother or father — can file on your behalf.
What Can You Appeal?
You have to had been issued an order by the lower courts to be able to appeal. Below are a few examples of what an order would look like.
- When the order has been entered into the lower court and isn’t the final judgement.
- When you want to appeal the circuit court’s final judgment.
- When you want to appeal an order of appeal from the district or probate court.
- When you want to appeal an order from the administrative tribunal.
- If you were unable to file a claim of appeal in a “timely manner”, but have a right to file.
When Can I File?
It is generally accepted that you need to file within 21 days of the order being entered into the court.
The first question you have to answer is: ‘when the ordered was entered’? If the order was entered before September 1, 2011, it will differ if it was entered after.
For more information about when to file and your order was entered before September 1st, 2011, whether the case was criminal or civil, check out a previously published article, How to File an Appeal in Michigan – Application for Leave of Appeal Part 3.
For more information about when to file and your order was entered after September 1st, 2011, whether the case was criminal or civil, check out another previously written article, How to File an Appeal in Michigan – Application for Leave of Appeal – Part 4.
How Do I File?
In Part 6 of How to File an Appeal in Michigan – Application for Leave of Appeal, I explain how to file. Click on the link for the details.
Where Do I File?
These locations are open 9:00 am to 5:00 pm, Monday – Friday except on Court Holidays.
- Detroit Cadillac Place
3020 W. Grand Boulevard, Suite 14-300
Detroit, MI 48202
Telephone: (313) 972-5678
- Troy Columbia Center
201 W. Big Beaver, Suite 800
Troy, MI 48084
Telephone: (248) 524-8700
- Lansing Hall of Justice
925 W. Ottawa St. P. O. Box 30022
Lansing, MI 48909-7522
Telephone: (517) 373-0786
- Grand Rapids State of Michigan Office Building
350 Ottawa St. NW
Grand Rapids, MI 49503-2349
Telephone: (616) 456-1167