I qualify, now how do I apply for a claim of appeal?
Today, we conclude the first part of this series How to File an Appeal in Michigan – Claim of Appeal. In this series, I have taken the Michigan Court of Appeal Handbook and have broken down the material for those of us who would like to file an appeal, but do not have a law degree.
The How
All forms must be correctly filled out and sent in.
- First you start with the claim of appeal form.
- You will need to copy the judgment of the order you would like appealed. For criminal cases it would be the sentence.
- Next you will need a copy of one of three documentation:
1.1. The certificate of ordering transcript from the courts recorder starting that you have “ordered and secured payment for the transcript”.
1.2. A written statement or letter sent by the court recorder that shows proof that you have ordered the transcript.
1.3. A testimony showing that there has been no recorded to be transcribed. - Obtain and copy the present lower court register of actions for your case.
- The jurisdictional checklist
- In criminal cases you will need to provide the prosecuting attorney with a copy with a claim of appeal. In a termination of parental rights you will need to provide not only the prosecuting attorney, but also the guardian-ad-item for the children with a copy of the appeal. Then, obtain a proof of service that states you have provided the parties in your case with a copy of the claim of a appeal and all attendant document.
- Lastly, send a check or money order of $375 to cover the entry fee. If that payment is unaffordable to you, you may file a motion to waive fees.
For examples of these documentations the Michigan Court of Appeal Handbook has them on pages 8-20.
Back in our first posting, How to File an Appeal in Michigan, we discovered that there are three way to file an appeal,
- Claim of Appeal
- Application for Leave to Appeal
- Original Action
We have just finished examining the first – Claim of Appeal. The series will continue with the Application for Leave to Appeal. If you feel you need the help of an experienced attorney to help you through all of the Claim of Appeal processes, please call.
Please Note:
While the Michigan Court of Appeals Handbook is written for an individual who is not represented by a lawyer, please note the word of caution in the introduction below. If you need help filing a appeal, call me at: 248-348-7400.
