What You Need To Know About Filing a Claim of Appeal

What You Need To Know About Filing a Claim of Appeal

Have your parental rights been terminated?

Are you looking to have the courts give you a full review?

Filing an appeal is not an easy undertaking. However, if you do feel that your sentence or conviction was incorrect, are trying to get your rights as a parent back, or felt that you’ve been prejudiced against, an appeal may be your only option.

3 Types of Appeals

Your only option is not simply an appeal, but specific type of appeal. In Michigan, there are three different types of appeals. Each appeal has its own way of applying and benefits. Here are the three different types.

  1. A Claim of Appeal – the one we are discussing in this article.
  2. An Application for Leave of Appeal
  3. Original Action

Claim of Appeal and What You Need To Know

For this article, we are discussing what you need to know about the first type of appeal, the Claim of Appeal.

  1. A Big Benefit
    A big benefit when you file a claim of appeal is that the courts must review your arguments and they must make a decision.
  2. Aggrieved Party
    You must be the aggrieved party in order to file for this kind of appeal. What this means is that you cannot file on behalf of someone else like a child, spouse or friend.You also need to be filing an appeal for a crime that you have been convicted and sentenced in the circuit court, OR for your rights having been terminated by the circuit court family division, OR your legal rights have been prejudiced OR there is an interested in money by the lower courts.
  3. The Lower Court or Administrative Tribunal
    Remember, in order to apply for a Claim of Appeal, your judgment must be before the lower court or administrative tribunal. If this is not the case you cannot apply for this type of appeal.
  4. Criminal Cases and Final Judgment
    If you are looking to appeal in a criminal case, make sure that you are appeal the final judgment. The final judgment could look like the following,

    • The first sentence after the conviction.
    • The sentence that is given after a properly filed motion.
    • The sentence given after appeal.
    • When a sentence that is not based on a plea and is entered after revocation of probation.
  5. Civil Cases and What Can Be Appealed
    In a previous article, I outlined exactly what you can appeal when to comes to civil cases. Some civil case must be filed because of the circuit court, the probate court and the administrative tribunal. To read that article, please visit, How to File an Appeal in Michigan – Claim of Appeal Part 2.
  6. Make Sure Your Appeal is Filed
    Your appeal is not considered filed until it is in the hands of a clerk in the courts of appeals. The appeal will be stamped along with all the documents when the clerk’s office receives it.
  7. How Soon Can You File
    Filing in a timely manner is critical. In Part 3 of our series How to File an Appeal in Michigan – Claim of Appeal, I provide the exact times you need to file.

If you have any additional questions about filing a Claim of Appeal that I haven’t answer here, please visit How to File an Appeal in Michigan – A Review.

The law can be confusing. You do not have to face filing a Claim of Appeal alone. If you need legal assistance, I will be happy to help. Please call today:

248-348-7400 or 586-530-1000