What to Do When You Don’t Qualify For a Claim of Appeal

What to Do When You Don't Qualify For a Claim of Appeal

Have you ever heard of application for leave to appeal?

Are you aware that there are two types of appeals?

Filing an appeal can be a confusing process. There is a lot of paperwork and everything can be denied if you do not turn in your paperwork late.

If you are trying to file an appeal, but do not qualify for a claim of appeal, there is still hope. If you are unable to meet all the qualifications of a claim of appeal then it is time to review the qualifications for an application for leave to appeal. This may all sound confusing, but stay with me and I will explain.

Determining Whether or Not You Qualify for a Claim of Appeal

If you do not know whether or not you qualify for a claim of appeal, reviewing the qualifications would be the first place to start.

In my article, Claim of Appeal in Michigan – How to Determine if You Can File, I break down:

  • The benefits of a claim of appeal,
  • Qualifications for filing a claim of appeal,
  • Information on criminal and civil cases.

The good news is that being unable to qualify for a claim of appeal does not mean you are out of options. The next step would be to find out what an application for leave to appeal is and what the qualifications for it are.

Understanding What Application for Leave to Appeal Is

When applying for this type of appeal, you do not have the automatic right to file, unlike a claim of appeal. Instead the Court of Appeals will decide whether or not you will be granted a full review based on your correctly completed documentation.

If the Court does grant the application, it will review your arguments and give a decision based off of the additional documents you are required to provide.

Qualifying for Application for Leave to Appeal

According to the Michigan Court of Appeals, you must be the aggrieved party, just like for the claim of appeal.

Aggrieved means

  • The circuit court entered a judgment of sentence for a crime you were convicted of,
  • The family division of the circuit court has terminated your parental rights,
  • Your monetary interest or legal rights have been prejudiced against by the lower court or administrative tribunal.

Party means:

  • This means that you were the one in the case in the lower court. You cannot file an appeal on the behalf on anyone, including a spouse.

You can only appeal a judgment of order that has been entered in by the lower court or administrative tribunal. If no order has been given, you cannot file for an appeal.

If you think that you may be able to qualify for an application for leave to appeal, make sure to review How to File an Application for Leave to Appeal.

Bringing it Home

The information provided in this article is not legal advice or counsel. Every person is different and so is every situation. Law terminology can be a confusing as well as the process. If you have specific questions about your situation and need legal counsel, please contact my office.

248-348-7400 or 586-530-1000