Are you planning on filing for an appeal, but do not know where or how to do it?
Not sure if it is too late to file your appeal?
If you are looking to file an appeal in Michigan, there is a lot of work to be done. This article will help guide you through what you need to do, when you can file and where to turn your paperwork into.
General Information About Appeals
According to the Michigan Court of Appeals, there are three different ways to launch action in the Court of Appeals,
- Claim of Appeal
- Application for Leave to Appeal
- Original Action
The first two are appealing a decision the made by the lower court or tribunal. The third is for when a public official or someone in the lower courts refuses to issue an order or act that is required by law.
The difference between the claim of appeal and the application for leave to Appeal is that the courts must review your arguments when filing a claim of appeal. If you do not qualify for a claim of appeal it is recommended to file an application for leave to appeal.
Another difference between the two is if you entered a guilty plea or a nolo contendere plea you cannot file a claim of appeal. You must file an application for leave to appeal.
If you are looking for more information on filing an appeal, please see my article entitled, Claim of Appeal in Michigan – How to Determine if You Can File. This is a great starting place. If you have an additional questions that the article does not answer, please contact my office.
When to File
Determining when to file your appeal is a critical part of the appeals process. It will also depend on whether you are filing a claim of appeal or an application for leave to appeal.
For Claim of Appeal
For criminal cases, the general rule to remember is before 42 days. Civil cases are different. For detailed information about when to file a claim of appeal read How to File an Appeal in Michigan – Claim of Appeal Part 4. https://www.novilaw.com/2012/09/how-to-file-an-appeal-in-michigan-claim-of-appeal-part-4/
For Application for Leave to Appeal
In criminal cases, you must file within 21 days of your order being entered. If you are unable to file in those 21 days you can file a delayed application for leave to appeal. Civil cases will depend on what you are appealing. For detailed information on when to file an application for leave to appeal, please read, How to File an Appeal in Michigan – Application for Leave to Appeal – Part 3.
Locations Where to File
- 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 8909
Telephone: (517) 373-0786 - Grand Rapids
State of Michigan Office Building
350 Ottawa St. NW
Grand Rapids, MI 49503
Telephone: (616) 456-1167
Please Note: The information provided in this article is for informational purposes and is not to be considered as legal counsel. If you are in need legal counsel, please contact my office.
248-348-7400 or 586-530-1000
