Guide to Handling a Civil Appeal

MICHIGAN COURT OF APPEALS

Office of the Clerk

GUIDE TO HANDLING A CIVIL APPEAL

FOR PEOPLE REPRESENTING THEMSELVES

Court of Appeals Guide to Handling a Civil Appeal

First published by the Clerk’s Office of the Michigan Court of Appeals, May 2000.

Most recent revision: May 2024

Acknowledgements: Court of Appeals District Clerk Hannah Watson conceived of

and wrote the original version of this manual.

Court of Appeals Guide to Handling a Civil Appeal

Contact Information

This manual and other helpful information is available on the Court of

Appeals website at:

http://courts.michigan.gov/courts/court-of-appeals

To contact the Court of Appeals, you may call, write or visit the Clerk’s Office

at any of our four district offices:

Our offices are open from 8:30 a.m. until 4:30 p.m., Monday through Friday,

except on Court holidays. You may contact and file documents at the location

most convenient for you, but Clerk’s Office staff may direct you to contact the

office where your appeal is being managed.

Electronic Filing

Anyone with an email address can sign up to file electronically, and filers are

encouraged to do so. Documents may be electronically filed using MiFILE at

any time, even after business hours. Documents submitted before midnight will

be docketed as filed on that business day. Documents received on a Saturday,

Sunday or court holiday will be docketed as filed on the next business day. For

more information, see the e-filing instructions

on the Court’s website.

Detroit – District I

Cadillac Place

3020 W. Grand Boulevard,

Suite 14-300

Detroit, MI 48202-6020

Telephone: (313) 972-5678

Troy – District II

Columbia Center

201 W. Big Beaver,

Suite 800

Troy, MI 48084-4127

Telephone: (248) 524-8700

Grand Rapids – District III

State of Michigan Office Bldg.

350 Ottawa St. NW

Grand Rapids, MI 49503-2349

Telephone: (616) 456-1167

Lansing – District IV

Hall of Justice

925 W. Ottawa St.,

P. O. Box 30022

Lansing, MI 48909-7522

Telephone: (517) 373-0786

Court of Appeals Guide to Handling a Civil Appeal

Table of Contents

Contact Information --------------------------------------------------------------- ii

Electronic Filing -------------------------------------------------------------------- ii

Introduction -------------------------------------------------------------------------- 3

Part I – Do I Want to Appeal? ----------------------------------------------------- 5

Costs of an appeal --------------------------------------------------------------------- 5

Consider the work involved ---------------------------------------------------------- 6

Consider the odds of success -------------------------------------------------------- 7

Consider the alternatives ------------------------------------------------------------- 7

Part II – Is an Appeal Possible? -------------------------------------------------- 7

Court of Appeals jurisdiction -------------------------------------------------------- 7

Two types of appeals ------------------------------------------------------------------ 8

Final order ------------------------------------------------------------------------------ 9

Time limits ----------------------------------------------------------------------------- 11

Filing in the Court of Appeals ------------------------------------------------------ 12

Part III – Claim of Appeal ------------------------------------------------------- 13

Filing a Claim of Appeal ------------------------------------------------------------- 13

Transcript production ---------------------------------------------------------------- 15

Briefing --------------------------------------------------------------------------------- 15

Oral argument and decision --------------------------------------------------------- 16

Part IV – Application for Leave to Appeal ------------------------------------ 16

Filing an Application for Leave to Appeal ---------------------------------------- 17

Next steps------------------------------------------------------------------------------ 18

If your application is granted ------------------------------------------------------- 19

Part V – Motions ------------------------------------------------------------------- 20

Motion to Waive Fees --------------------------------------------------------------- 21

Court of Appeals Guide to Handling a Civil Appeal

Motion for Stay ----------------------------------------------------------------------- 21

Motion to Waive the Requirements of MCR 7.209 ----------------------------- 22

Motion for Immediate Consideration --------------------------------------------- 22

Motion for Reconsideration -------------------------------------------------------- 22

Part VI – Appeal Briefs ----------------------------------------------------------- 22

Deadline for filing the brief --------------------------------------------------------- 23

Formatting and length of an appeal brief ----------------------------------------- 23

Required sections of an appeal brief ----------------------------------------------- 24

Part VII – Glossary ---------------------------------------------------------------- 30

Part VIII – FAQ -------------------------------------------------------------------- 33

Part IX – Forms and Examples ------------------------------------------------- 36

Claim of Appeal----------------------------------------------------------------------- 36

Jurisdictional Checklist--------------------------------------------------------------- 38

Motion to Waive Fees --------------------------------------------------------------- 40

Docketing Statement ----------------------------------------------------------------- 41

Proof of Service ----------------------------------------------------------------------- 45

Brief Example – Appellant’s Brief ------------------------------------------------- 46

Court of Appeals Guide to Handling a Civil Appeal

Introduction

This guide describes the process of challenging an order of a court or

administrative tribunal by filing an appeal in the Michigan Court of Appeals.

An appeal is a way to ask a court to correct an error made by a lower court. The

Michigan Court of Appeals is the intermediate appellate court in this state. It is

between the circuit courts and the Michigan Supreme Court.

Supreme Court

Court of Appeals

Probate Court Circuit Court Court of Claims

District Court

As the diagram shows, an appeal is usually

taken to the next higher court. Orders from the

district court generally must be appealed to the

circuit court. Orders of the circuit court are

generally appealed to the Court of Appeals.

Decisions of the Court of Appeals may be

appealed to the Michigan Supreme Court.

Even with this guide, pursuing an appeal

without an attorney will be difficult. The person who files the appeal (the

“appellant”) must follow many rules and file many documents. This guide

provides basic information, including some forms, instructions, and examples

for some of the required documents. It is only a procedural guide.

• It does not give legal advice.

If you file your appeal in the

wrong court, your appeal

will be dismissed and you

will lose any appeal fees

you paid.

Court of Appeals Guide to Handling a Civil Appeal

• It is not the law and does not replace the court rules or statutes.

• It will not help you know whether you will win.

An attorney has training to interpret and

apply the law to your situation. This manual

does not substitute for that, and this manual

is not meant to encourage you to represent

yourself. Only proceed without an attorney

after very serious consideration.

The legal requirements for pursuing an

appeal are subject to change. The

procedural requirements described in this

manual are primarily based on the Michigan

Court Rules (MCR). Those rules are

adopted by the Michigan Supreme Court

and govern all state courts in Michigan.

Because the Supreme Court may change the

rules, the information in this manual may

become outdated.

Always check the current version of the

court rules. The

current version of the

court rules may be found on the Court’s

website.

Legal Help:

• State Bar of Michigan Legal

Resource and Referral Center

has a lawyer referral service,

legal aid resources, legal

information resources, and

other information.

• Michigan Legal Help is

designed to help people

handling their legal problems

without an attorney.

The court rules numbered MCR

7.201 to 7.219 are the rules

specifically written for the Court

of Appeals, although other rules

also apply.

Court of Appeals Guide to Handling a Civil Appeal

Part I – Do I Want to Appeal?

This section explains some things to consider before filing an appeal without the

help of an attorney.

If you are reading this guide, you probably received a decision you do not like

from a court, administrative agency, or tribunal, and you hope the Court of

Appeals will change the result.

Filing an appeal is an important first step, but it is only the beginning of what

can be a lengthy, expensive, and complicated process. Many cases end at an early

stage because the Court dismisses them or denies permission to appeal. For

most cases that get past the early stages, the outcome of the appeal does not

change the trial court decision. For these reasons, seriously consider the

following in deciding whether an appeal is the right choice for you.

Costs of an appeal

The costs for an appeal are significant, and they include:

1. Entry Fee: $375. This is due when the appeal is filed and is set by statute.

This fee and the motion fees charged by the Court of Appeals may be waived

if you can show you are indigent. See Part V. But the other costs cannot be

waived.

2. Motion Fees: $100-200 each. Each time you file a motion in the Court of

Appeals, you must pay a motion fee of $100. If you file a motion for

immediate consideration of another

motion or a motion to expedite your

entire appeal, you must pay a $200

motion fee.

3. Transcript Costs: Varies from $0 to

over $500. In most appeals, the

appellant must have a court reporter

make a transcript of every hearing held

in the trial court. The price is currently

$1.75 per page and $.30 per page for a

copy. For example, a transcript of a

one-hour hearing would be about 60

pages long and would cost about $105.

• You can file a motion to waive

fees if you cannot pay the fees.

If granted, the entry fee and any

motion fees will be waived, but

not the cost of the transcripts

or trial court fee.

• You may be able to get some of

these costs paid back to you by

your opponent, but only if you

win the appeal. If you lose the

appeal, you may be ordered to

pay your opponent’s costs.

Court of Appeals Guide to Handling a Civil Appeal

If you have more than one hearing, the cost can quickly add up to several

hundred dollars.

4. Trial Court Fee: $25. By law, you are required to pay a fee to the trial court

when you file a claim of appeal. This is meant to cover some of the costs of

preparing and sending the court’s files to the Court of Appeals.

Consider the work involved

In the trial court, you may have a chance to appear in court before the judge to

explain your side and make arguments. You may also have been allowed to

present evidence and call witnesses. An appeal is different.

In the Court of Appeals, you communicate with the Court in writing. You will

need to file a document called a “brief.” A brief is a written description of the

facts and why you think the trial court made an error causing the outcome of the

case to be wrong. A brief must include certain parts and follow a certain format

or the Court will reject it.

After your brief is filed, you may have the opportunity to come before the three

judges who will decide your case. That hearing is called “oral argument.” The

time is very short, and there are no witnesses. If your appeal is by application

(see Part IV), you must file a brief with your application and you will not have

oral argument before the Court decides the application.

Before filing an appeal, you must be willing to put in the significant time and

effort necessary to write a persuasive brief meeting the requirements of the court

rules. Because the brief is the way to communicate with the judges, the brief is

the most important part of any appeal. Part VI discusses briefs in more detail.

Court of Appeals Guide to Handling a Civil Appeal

Consider the odds of success

When deciding whether to start an appeal, be

aware most appeals do not change the ruling of

the trial court. Many appeals are dismissed on

procedural grounds without the Court of

Appeals considering the questions the

appellant wanted to raise. Even when all the

procedural requirements are met and the Court

considers the issues raised, most appeals do not

change the trial court’s decision. The odds of

an unsuccessful outcome are even higher in an

appeal taken by a person who is not

represented by an attorney.

Consider the alternatives

Before beginning an appeal, you may want to

look for alternatives. An alternative may be

more likely to achieve a result that, even if

somewhat disappointing, is a better choice than would be likely with an appeal.

Negotiating with your opponent may be possible. Your opponent in the case

may be willing to reach an agreement with you to bring the case to an end.

Considering the costs, effort, and chance of success involved with an appeal, you

may conclude accepting a trial court’s decision is better in the long run than

making the effort required by an appeal.

Part II – Is an Appeal Possible?

Court of Appeals jurisdiction

Before filing an appeal with the Court of Appeals, determine whether the Court

of Appeals is the right court for the appeal and what type of appeal to file. Court

of Appeals staff is not permitted to provide legal advice to help you make this

determination.

The Court of Appeals has the legal authority to act only in certain types of cases.

This authority is called “jurisdiction.” The jurisdiction of the Court of Appeals

comes from the Michigan Constitution, statutes, and the Michigan Court Rules

adopted by the Michigan Supreme Court.

Court of Appeals statistics

about appeals filed by people

not represented by an attorney

show:

• More than half of appeals of

right are dismissed for

procedural defects.

•

More than 90% of

applications for leave to

appeal are denied.

When an appeal is dismissed or

denied, any fees paid cannot

be refunded.

Court of Appeals Guide to Handling a Civil Appeal

Generally, the Court of Appeals has jurisdiction to review decisions of the circuit

and probate courts, and some state agencies and tribunals, but there are limits to

that authority. For example:

• If you do not file your appeal

within the time set by court rule or

statute, the Court cannot hear your

appeal.

• If you file a claim of appeal when

you do not have an appeal of right,

the Court does not have

jurisdiction to hear your appeal.

• If you file an appeal in the Court of

Appeals from an order that must

be appealed to the circuit court, the

Court cannot hear your appeal.

If the Court does not have jurisdiction

to decide your appeal, the Court will order the appeal dismissed. Dismissal could

occur at any time during the appeal, but dismissal usually happens shortly after

the appeal is filed.

The appellant is responsible for determining if the appeal is within the Court’s

jurisdiction. This manual provides some guidelines, but other limitations may

apply.

Two types of appeals

The Court of Appeals has jurisdiction to hear two different types of appeals: a

claim of appeal and an application for leave to appeal. As the appellant, you have

to choose which type of appeal is correct for your situation. Here is a summary

of the two types:

1. Claim of Appeal: A claim of appeal may be filed when the law gives you the

right to appeal the order you want to challenge. When you have an appeal as

of right, the Court of Appeals has to accept your appeal as long as you comply

with the rules. The paperwork to begin an appeal as of right with a claim

consists of forms and documents the appellant must gather. The appellant

does not have to file a brief right away; the brief is due later. If the necessary

steps are followed, the Court will eventually decide the claim of appeal with

a written decision called an “opinion.” Filing a claim of appeal is discussed

in detail in Part III.

A common mistake is filing an

appeal of a district court order to

the Court of Appeals. If you file

the appeal in the Court of Appeals,

it will be dismissed. Appeals of

district court orders must be filed in

circuit court. MCR 7.103. After the

circuit court decides your appeal,

you can appeal to the Court of

Appeals by filing an application for

leave, not a claim of appeal. MCR

7.203(A)(1)(a).

Court of Appeals Guide to Handling a Civil Appeal

2. Application for Leave to Appeal: An application for leave to appeal can be

filed when you do not have the right to appeal but you want to ask the Court

of Appeals to allow you to appeal. Applications offer a way to challenge some

decisions that cannot be appealed with a claim of appeal. Unlike with a claim

of appeal, a brief is filed at the beginning. Usually, the Court will enter an

order denying or granting the application. In rare cases, the Court will enter

an order granting some relief immediately. If the Court grants your

application, then your appeal will go through the same process as in a claim

of appeal, and the appeal will be resolved in an opinion. An application for

leave to appeal is discussed in detail in Part IV.

Final order

Choosing a claim of appeal or application for leave to appeal for your challenge

depends in part on the type of order you want to appeal.

Before filing an appeal, be sure the court or

tribunal has signed an order. Sometimes, a

court will announce a decision at a hearing

and say an order will be entered later. An

appeal requires a written order entered

before the appeal was filed. Do not file an

appeal until after the judge has signed the

order you want to appeal. If an appeal is filed

before a written order is signed, the appeal is

considered to be too early, and it will be

dismissed.

The law allows an appeal of right only from certain types of orders. For the most

part, an order that can be appealed by right is one the court rules call a “final

order” from the circuit court. MCR 7.202(6)(a) defines “final order” in a civil

case for an appeal to the Court of Appeals. Check the current version of MCR

7.202(6)(a) to decide if the order you want to appeal is a final order. If it is, then

an appeal as of right using a claim of appeal may be possible.

At the time this manual was prepared, MCR 7.202(6)(a) included the following

final order types:

• The first judgment or order in circuit court that decides all the claims

and liabilities of all the parties. MCR 7.202(6)(a)(i). This order ends the

circuit court case, meaning every claim, counterclaim, or crossclaim in the

case has been decided in some way. This type of order will often include a

statement that it “resolves the last pending claim and closes the case.” An

References to the Michigan

Court Rules are indicated as

“MCR

.” For example,

“MCR 7.202(6)(a)” means

section (6)(a) of court rule

7.202. The

current court

rules may be found online.

Court of Appeals Guide to Handling a Civil Appeal

appeal from this type of order can also include arguments about other

orders entered earlier in the case.

• A postjudgment order granting or denying a request for attorney fees

and costs. MCR 7.202(6)(a)(iv). “Postjudgment” means that the order

must have been entered after the judgment in the case. If the order for

attorney fees and costs was issued before the judgment, the order is not

“postjudgment” and is not a final order under this definition. An order

under this definition is not final unless the court set the amount of the

award. An appeal from an attorney fees and costs order is limited to only

the part of the order granting or denying attorney fees and costs. MCR

7.203(A)(1).

• A postjudgment order granting or denying a motion to change

domicile or legal or physical custody of a minor. MCR 7.202(6)(a)(iii).

An appeal from this type of order is limited to a review of the custody or

domicile order you are appealing. MCR 7.203(A)(1). A postjudgment order

changing spousal or child support does not fall within this type of final

order.

Other court rules and statutes allow for an appeal of right from other court

orders or orders issued by an administrative agency or tribunal. These statutes

and rules may change from time to time, and this manual cannot provide a full

list of all final order types, but some examples are:

• A final order affecting your rights or

interests in an estate or trust entered in

the probate court. MCL 600.308.

MCR 5.801(A) sets forth a wide variety

of probate court orders deemed final

orders appealable by right to the Court

of Appeals.

• In a child protective proceeding, an

order of the family division of the

circuit court removing a child from a

parent’s custody, an initial order of

disposition following adjudication, or an order terminating parental rights.

MCR 3.993(A).

• In a Personal Protection Order (PPO) case, an order granting or denying

a PPO, a ruling on a first motion to rescind or modify the PPO, or a

sentence of criminal contempt. MCR 3.709.

References to the Michigan

Compiled Laws are

indicated as “MCL.” So,

“MCL 600.308” means

section 308 of chapter 600

of the laws of the State of

Michigan. The Michigan

Compiled Laws may be

found online.

Court of Appeals Guide to Handling a Civil Appeal

• Certain Michigan Public Service Commission orders. MCL 462.26

• Tax Tribunal final orders. MCL 205.753

• Michigan Employment Relations Commission final orders. MCL

423.23

• Certain health profession disciplinary subcommittee final decisions.

MCL 333.16237

If you do not have a “final order” and a statute does not give you an appeal of

right, you may be able to appeal, but you would file an application for leave to

appeal, not a claim of appeal.

Time limits

The court rules set time limits for filing an appeal. If you do not file the appeal

within the time limit, the Court of Appeals will not have authority to review the

appeal, and the appeal will be dismissed.

For most civil cases, 21 days is the

key time limit. A claim of appeal

must be filed with 21 days from the

final order. MCR 7.204(A)(1). An

application for leave to appeal must

be filed within 21 days from the

order being challenged. MCR

7.205(A)(1). For both types of

appeals, if you filed a motion for

reconsideration or other relief in the

trial court during the 21-day period,

then you may wait to file your appeal

until the trial court has decided your motion. The 21-day period for filing a claim

of appeal or application will begin on the date of the order deciding that motion.

If you’ve missed the 21-day deadline for filing the application for leave or a claim

of appeal, you may still be able to appeal. You may use the “late appeal” process

described in MCR 7.205(A)(4). This is basically the application process, but you

must include an extra statement in your brief about why the appeal was late. In

most cases, the late application may be filed within 6 months of the order being

appealed or an order denying a timely motion for reconsideration of that order.

If you are appealing an order terminating parental rights, the time limit for a late

appeal is 63 days. See MCR 3.993(C)(3); MCR 7.205(A)(3).

If the order you want to appeal was not

served on you within 7

days of its

signing

, you may file your claim of

appeal within 14 days of when it was

served. See MCR 7.204(A)(3). To rely

on this rule, you must file an affidavit

with your claim of appeal stating the

facts of the service delay. Your

opponent will have 14 days to object.

MCR 7.204(A)(3).

Court of Appeals Guide to Handling a Civil Appeal

Because an appeal not filed by the deadline will be dismissed, you need to be

aware of when documents are considered to be filed.

Filing in the Court of Appeals

For the most part, documents are only considered filed when they are received

by the Court of Appeals. MCR 7.202(2) and (4). An e-filed document is

considered received at the time shown on the e-filing, unless that is a weekend

or Court holiday. Documents received by e-filing on a Saturday, Sunday or court

holiday will be docketed as filed on the next business day. For paper filings, the

Court places a timestamp on the document when it is received. The timestamp

shows the date the Court considers the document to have been filed.

Since September 1, 2021, a filing by an incarcerated person who is not

represented by an attorney will be considered timely filed if deposited in the

institution’s outgoing mail on or before the deadline. MCR 1.112. (Before

September 1, 2021, a similar rule applied, but only to a claim of appeal or

application and not later filings.)

Court of Appeals Guide to Handling a Civil Appeal

Part III – Claim of Appeal

If you have determined the type of order and the timing will allow you to have

an appeal as of right, see Part II, this section will guide you through the steps.

Filing a Claim of Appeal

MCR 7.204 explains what needs to be filed for a claim of appeal. The required

items are listed below. (Forms and examples of these items are included in the

Part IX.)

• Completed jurisdictional checklist. This form is available on the

Forms page

of the Court’s website and in Part IX of this manual. It is a

checklist of all the items needed for the claim of appeal and a statement

why you think the order you are appealing is appealable by claim of appeal.

• Claim of appeal. A claim of appeal form is available on the Forms page

of the Court’s website and in Part IX of this manual, but you may create

your own claim of appeal by handwriting or typing one.

• Filing fee. The filing fee for a claim of appeal is $375. You may pay by

cash or by a check made out to “State of Michigan.” If you are e-filing,

you will use a credit card. If you cannot afford to pay the entry fee, then

you may file a motion to waive fees. See Part V.

• Copy of the order you are appealing. You must include a copy of the

order that is the “final order” or other order that can be appealed as of

right as discussed in Part II. It may be helpful to also provide a copy of

any other orders deciding any claims against any parties or ones deciding

a postjudgment motion, like a motion for reconsideration.

• Register of actions. This is the trial court or tribunal’s docket listing

showing the filings and hearings in the case you are appealing. Some

courts have the docket entries available online that you can print.

Otherwise, contact the lower court or tribunal to get a copy.

• Transcript order. If you have ordered a transcript, provide some

evidence of the order, such as a copy of the letter to the reporter. If there

was a hearing and you have not ordered the transcript, contact the court

reporter.

Court of Appeals Guide to Handling a Civil Appeal

• Proof of service. This is your statement to confirm you have given a

copy of the claim of appeal

and all the other

documents to all the other

parties in the case. The

court rules require you

serve the documents on

the other parties to inform

them an appeal has been

filed. The proof of service

must say how you served

copies on them (by mail,

hand delivery, or e-service

through MiFILE), at what

address you served each of them, and on what date. A form is included

in Part IX of this manual.

• Docketing statement. This form is completed by you and allows you to

describe your case. The form is available on the Forms page

of the Court’s

website. The form is also in Part IX of this manual. This form does not

have to be filed with the claim of appeal, but it must be filed within 28

days after you file the claim. Some appellants file it with the claim of

appeal for convenience.

When your documents are ready, you will choose how to file them with the

Court. You may file your documents electronically, by mail, or in person at one

of the four Court of Appeals offices.

Assignment of the docket number. After you file your claim and other

documents, your appeal will be assigned a Court of Appeals docket number. The

Court will notify you within a few days of the 6-digit docket number assigned to

your appeal. You will use this number for any other filings for the rest of the

case.

Initial review by the Court. Court staff will review the claim of appeal within

a few days after it is filed. If any items are missing, the Court will send you a

letter telling you what is missing. If you do not file the missing items within 21

days, the appeal may be dismissed.

Review will also look at whether the Court has jurisdiction over your claim of

appeal. See Part II of this manual for information on this. If the Court finds it

does not have jurisdiction, the Court will issue an order dismissing the appeal for

Can’t Get All These Documents in

Time to File Your Claim of Appeal?

At a minimum, you must file the claim of

appeal form within 21 days of the order

you’re appealing. If some of the other

items are missing, the clerk’s office will

send you a let

ter explaining what is

missing and you will have 21 days to

correct it. MCR 7.201(B)(3).

Court of Appeals Guide to Handling a Civil Appeal

lack of jurisdiction. If you believe the Court is wrong in that determination, you

can file a motion for reconsideration to have the Court take another look at it.

No motion fee is required for the motion. See MCR 7.203(F)(2).

Once all the items for a claim of appeal are filed and if the Court’s initial review

indicates the Court has jurisdiction, the case will proceed to transcript

production.

Transcript production

The next phase of the appeal focuses on getting the transcripts prepared and

filed with the lower court clerk.

As the appellant, you are responsible for ordering the transcript from the court

reporter and paying a deposit to the reporter. Once the reporter receives the

order, the court reporter is required to file a form called “Stenographer’s

Certificate” with the Court of Appeals. If the reporter does not file the

certificate, the Court will send you and the reporter a letter. It is your

responsibility to make sure the certificate is filed. If it is not filed, your appeal

could be dismissed.

The court rules give the reporter a certain amount of time to complete the

transcript. MCR 7.210(B)(3) provides the time limits. For most civil cases, the

time limit is 91 days from the day you order the transcript. The rule sets a shorter

time limit for some types of cases. When the court reporter has completed the

transcript, the reporter will file it with the trial court and file a form called “Notice

of Filing Transcript” with the Court of Appeals. If the deadline to complete the

transcript passes and the Court has not received the notice of filing transcript,

the Court will send a letter to you and the reporter. It is your responsibility to

make sure the Court receives the notice of filing transcript. If it is not filed with

the Court within the proper time, your appeal could be dismissed.

During the time the transcript is being prepared, you may be able to begin legal

research and working on some parts of the brief.

Briefing

In this stage, the appellant and the appellee present their arguments to the judges

in written documents called “briefs.”

The time limit for filing the brief depends on whether you made a timely request

for transcripts and the type of appeal you have. The time limits for the

appellant’s brief are found in MCR 7.212(A). For most civil cases where the

transcript was ordered shortly after the claim of appeal was filed, the time limit

Court of Appeals Guide to Handling a Civil Appeal

will be 56 days from when the transcript was filed in the trial court. Some cases

(for example, child custody) have a 28-day deadline.

The brief is the most important part of your claim of appeal. See Part VI for

details.

After your appellant’s brief is filed, any appellee may choose to file a brief. An

appellee is not required to file a brief. You do not win just because the appellee

does not file a brief. If an appellee brief is filed, you may file a reply brief of no

more than 10 pages or 3,200 words, within 21 days.

Oral argument and decision

Several months will go by from the time the briefing is done until the case is

scheduled for oral argument. If you are entitled to oral argument, you will be

notified by mail or e-mail of the date, time, and location. You will have the

chance to speak to a panel of three judges for about 15 minutes. Your opponent

may have the same opportunity. If both you and your opponent will participate

in oral argument, then you may each have 30 minutes. If no one is entitled to

oral argument, the case will still be set for submission on a particular date.

The Court’s judgment will be in the form of a written opinion. Most opinions

are issued within a few weeks after oral argument or submission. The opinion

will be mailed or e-mailed to you.

If you think the Court made a mistake, you may file a motion for reconsideration

of the opinion. See Part V. That motion must be filed within 21 days of the date

on the opinion; late motions will be returned without a decision. MCR

7.215(I)(4). The motion will be decided by the judges who issued the opinion.

Once the opinion has been issued and any motion for reconsideration decided,

the appeal in the Court of Appeals is over, and the Court will close its case file.

The court rules for the Supreme Court begin at MCR 7.300. This manual does

not cover proceedings in the Supreme Court.

Part IV – Application for Leave to Appeal

If you have determined the type of order and the timing will allow you to file an

application for leave to appeal, see Part II, this section will guide you through the

steps.

Court of Appeals Guide to Handling a Civil Appeal

Filing an Application for Leave to Appeal

MCR 7.205 explains what needs to be filed for an application for leave to appeal.

The required items are listed below. (Forms and examples of some of these

items are found in the Part IX.)

• An application for leave to appeal in the form of a brief. Briefs are

discussed in Part VI. If your application is a “Late Appeal” under MCR

7.205(A)(4), include a short statement explaining the reason it was not

filed within 21 days.

• Filing fee. If you are appealing one order, the filing fee for an

application for leave to appeal is $375. You may pay by cash or by a

check made out to “State of Michigan.” If you are e-filing, you will use

a credit card. If you cannot afford to pay the entry fee, then you may

file a motion to waive fees. See Part V.

• Copy of the order you are appealing. You must include a copy of the

order or judgment you are appealing, along with any opinion or findings

of fact the lower court issued. If the court was reviewing an order or

findings of another court or tribunal, also provide a copy of that order

or findings.

• Register of actions. This is the trial court or tribunal’s docket listing

showing the actions in the case you are appealing. Some courts have the

docket entries available online that you can print. Otherwise, contact

the lower court or tribunal to get a copy.

• Transcript. You must provide the Court with a copy of a transcript of

any hearings concerning the issues you are raising in your application.

This is necessary so the Court can review the lower court’s decision. If

the transcript you have ordered is not ready, file a statement to show you

have ordered the transcript from the court reporter. If there were no

hearings, you can file a statement with the application saying there are

no transcripts to be filed.

Court of Appeals Guide to Handling a Civil Appeal

• Proof of service. This is a statement from you to confirm you have

given a copy of the application and all the other documents to all the

other parties in the case.

The court rules require

you to serve the

documents on the other

parties so they are

informed an appeal has

been filed. The proof of

service must say how you

served copies on them

(electronically, by mail, or

by hand delivery), at what

address you served each

of them, and on what

date. A form is included

in Part IX.

• Tribunal Record. If the appeal is from an order of an administrative

agency or tribunal, you must file a statement showing you ordered the

record of your case from that agency or tribunal (a copy of the letter you

sent requesting the record is sufficient). You will have to pay the agency

any fee they may require for sending the record to the Court.

Assignment of the docket number. After you file your application for leave

to appeal, your appeal will be assigned a Court of Appeals docket number. The

Court will send you a notice within a few days telling you the 6-digit docket

number assigned to your case. You will use this number for any other filings for

the rest of the case.

Initial review by the Court. Court staff will review the application within a few

days after it is filed. If the review finds the Court does not have jurisdiction over

the appeal, an order dismissing your application will be issued. If any items are

missing from the application, the Court will send you a letter telling you what is

missing. If you do not file the missing items within 21 days, an order may be

issued dismissing your application.

Next steps

After you file the application, the other parties (“appellees”) may file an answer.

The court rules give appellees 21 days to answer, but the Court will accept an

answer to an application at any time before the Court decides the case. Even if

Can’t Get All These Documents in

Time to File Your Application?

At a minimum, you must file the

application within the filing deadline.

The Court cannot extend the deadlines.

If some of the items are missing from the

application, the clerk’s office will send

you a letter explaining what is missing

and you will have 21 days to correct it.

MCR 7.201(B)(3).

Court of Appeals Guide to Handling a Civil Appeal

the appellee chooses not to file an answer, the Court may still rule against you.

If an answer is filed, you may file a reply. MCR 7.205(D).

If you have ordered a transcript, the Court may wait to review your case until

you file the transcript. Sometimes, the Court will decide the case without a

transcript.

Usually, the Court considers applications for leave to appeal in the order in which

they are ready for a decision. Some types of cases (custody, for example) are

considered sooner.

When the application is ready to be decided, it will be submitted to three judges

for decision. You will not have any oral argument or hearing in front of the

judges. The judges will review the materials submitted by the parties to make the

decision.

The decision of the panel of judges will be in a written order. In most cases, the

Court simply denies the application in an order with one sentence. Sometimes,

the Court grants the application. In rare instances, the Court orders some form

of relief instead of granting the application.

If the application is denied, the order deciding the application ends your appeal.

You may file a motion for reconsideration of the order within 21 days. MCR

7.215(I). But if you do not, of if your motion for reconsideration is denied, your

appeal is concluded, and the Court will close the case file.

The court rules for the Supreme Court begin at MCR 7.300. This manual does

not cover proceedings in the Supreme Court.

If your application is granted

If the Court issues an order granting your application for leave to appeal, then

the appeal will be handled in the same way the Court handles a claim of appeal

described in Part III of this manual. You will have to file a docketing statement

and may have to order additional transcripts. You will need to file an appellant’s

brief, which you can adapt from your application brief. The Court’s decision to

grant your application does not mean the Court will rule in your favor when it

decides the appeal in an opinion.

Court of Appeals Guide to Handling a Civil Appeal

Part V – Motions

A motion is a written request to the Court to take some action or to treat a matter

differently than the Court would do otherwise. For example, the court rules

require an appellant to pay a fee to start the appeal. Instead of paying the fee,

the appellant may file a motion to ask the Court to waive fees. Another common

use for motions is to ask the Court for more time. For example, the court rules

provide a time period for filing a brief. If a party wants more time, the party may

file a motion to ask the Court for an extension of time to file the brief.

A motion may be filed at the same time as a claim of appeal or an application for

leave to appeal. A motion may also be filed in an existing appeal. But in nearly

every situation, a motion may not be filed when there is no pending case in the

Court. A motion submitted without a pending case will be rejected or returned

by the Clerk’s Office without a decision by the Court.

The fee for filing most motions is $100. There is no cost to file a motion to

waive fees. The fee for a motion for immediate consideration is $200.

The requirements for filing most motions are in MCR 7.211. That rule has

specific requirements for some motions.

Forms for some motions

are on the Court’s website. If a form is not available,

you must create your own motion. Use your Court of Appeals caption to identify

the appeal and state the type of motion you are filing (for example, Motion for

Reconsideration). Then explain why you are making the request. If the

explanation is longer than a few sentences, you may want to write the motion in

numbered paragraphs. Be specific about the action you want the Court to take.

If you need an extension of time, for example, state the extension date you are

requesting.

When a motion is filed, the other

parties to the appeal are given a

chance to respond in writing by

filing an answer to the motion.

Some types of motions are

decided by one judge. Other

types of motions are decided by a

panel of three judges. See MCR

7.211(E)(2) for more

information. There is no hearing on motions at the Court of Appeals. The judge

In general, a motion requests only one

type of relief. For example, if you want

an extension of time to file a brief and

you want to file a brief longer than

allowed by the court rules, file two

separate motions.

Court of Appeals Guide to Handling a Civil Appeal

or judges will decide to grant or deny the motion by reviewing the motion and

any answer filed. The Court’s decision will be shown in a written order sent to

the parties.

The following paragraphs describe some motions that may be important to your

appeal, including some motions filed in urgent situations.

Motion to Waive Fees

If you cannot afford the filing fee, you may file a motion to waive fees. MCR

7.202(3). Filing a motion to waive fees is free. If the Court denies the motion,

you will have to pay the filing fee of $375 and fees for any motions you filed

other than the motion to waive fees. The fees must be paid within 21 days or

the appeal will be dismissed. The motion to waive fees form is in Part IX of this

manual.

If you are incarcerated in the Michigan Department of Corrections (MDOC),

you will be required to submit a prisoner account statement with your filings. In

most cases, a statute requires you to pay an entry fee of up to $375, which may

be made by paying a partial initial fee to begin the case and then paying the rest

through regular deductions from your MDOC prisoner account. MCL 600.2963.

The amount of the partial fee will be calculated by the Court based on your

prisoner account statement.

Motion for Stay

In general, the filing an appeal does not stop the effect of an order entered by

the circuit court. This is discussed in MCR 7.209(A). But a party may file a

motion to ask this Court for a stay of proceedings to stop the effect of a lower

court order. MCR 7.209(A) includes these requirements:

• A motion for stay must have been filed and decided first by the trial court.

• The trial court’s opinion and order must be filed in the Court of Appeals

with the motion for stay.

• The transcript of the trial court’s hearing on the motion for stay must be

filed in the Court of Appeals with the motion for stay.

If you want to stop the effect of a court order before you can satisfy the

requirements of MCR 7.209, you may file a motion to waive those requirements

(discussed below).

Court of Appeals Guide to Handling a Civil Appeal

According to the court rules, a party served with a motion for stay has 14 days

to file an answer. MCR 7.211(B)(2)(d). The motion for stay may be submitted

to a panel of judges on the Tuesday after the answer period has expired. If you

think the situation requires action sooner than that, you may file a motion for

immediate consideration (discussed below).

Motion to Waive the Requirements of MCR 7.209

Sometimes, due to the urgent nature of the situation, a party may find it difficult

to meet the requirements for filing a motion for stay. For example, it may be

difficult to get the transcript of the hearing prepared quickly. In that situation, a

party may file a motion asking the Court to waive some or all of those

requirements. The motion must be filed as a separate document from the motion

for stay. The motion may be labeled as, “Motion to Waive the Requirements of

MCR 7.209(A).” There is a separate $100 motion fee for the motion.

Motion for Immediate Consideration

Sometimes, a party wants the Court to review a motion sooner than the usual

time provided in the court rules. For example, under MCR 7.211(B)(1)(d), the

time period for answering a motion for stay is normally 14 days from time the

motion was served on that party. If a stay is needed before the 14 days passes, a

motion for immediate consideration may be filed. The fee for a motion for

immediate consideration is $200.

Motion for Reconsideration

If the Court released an opinion or an order and you believe the Court made an

error or was misled, you may file a motion for reconsideration. The requirements

are in MCR 7.215(I). The motion must be no longer than 10 pages or 3,200

words if you use a word processor. The motion must be filed within 21 days

after the date on the order or opinion. The Court cannot accept a late motion

for reconsideration. MCR 7.215(I)(4).

Part VI – Appeal Briefs

A brief is a written document providing the important facts of the case, sets out

the applicable law, and explains why the law and facts support the court deciding

the case in your favor. Your appellant’s brief or a brief in support of an

application is your chance to explain your views to the judges. A sample brief is

included in Part IX.

Court of Appeals Guide to Handling a Civil Appeal

As you write the brief, keep in mind the limited role of the Court of Appeals as

a reviewing court. In other words, the Court looks at your arguments to review

the ruling of a lower court or tribunal for errors. To determine whether the trial

court made a mistake, the Court considers the information presented to the court

or tribunal at the time of the ruling. For that reason, write your brief with a focus

on the facts and evidence presented to the court and the issues the court decided.

In many cases, three briefs will be filed. First, the appellant will file a brief. Next,

an appellee may file a brief to respond to the arguments made by the appellant.

An appellee is not required to file

a brief. Lastly, if an appellee has

filed a brief, the appellant may

file a reply brief of no more than

10 pages (or 3,200 words) to

discuss the arguments made by

the appellee.

Deadline for filing the brief

For a claim of appeal, the deadline for filing a brief is addressed in MCR

7.212(A). Basically, you need to know how many days you are allowed and when

the time starts. For a civil appeal on the usual schedule, the time for the brief is

56 days. Some appeals (like child custody and termination of parental rights)

have an expedited schedule so the brief is due in 28 days. The time starts from

the most recent event:

• the claim of appeal was filed

• transcripts you ordered are filed by the reporter in the lower court

• the Court of Appeals entered an order granting your application for leave

to appeal

For an application for leave to appeal, the brief is due at the time the

application is filed. If you file an application without a brief, the Court will send

a letter stating your application is defective. You will have to cure the defect by

filing the brief within 21 days. If the defect is not cured, the Court will dismiss

the application. No refunds are given.

Formatting and length of an appeal brief

The court rules have specific requirements for the format of briefs. They are

listed at MCR 7.212(B).

If there is no response from the appellee,

the Court will review the arguments in

your brief, the record, and the challenged

ruling. The appellee’s failure to file a

response does not mean the Court will

rule for you.

Court of Appeals Guide to Handling a Civil Appeal

• At least 1-inch margins on the top, bottom, and both sides

• Typed in at least 12-point type or printed legibly

• Double-spaced. Footnotes and quotations can be single-spaced.

• No more than 50 pages or 16,000 words, beginning with the Statement of

Facts and not counting indexes and appendices

Required sections of an appeal brief

The court rules also require an appellant’s brief and a brief in support of an

application have certain sections. They are discussed below in the order they will

appear in your finished brief.

Title page. This first page identifies the document is for your case, and it is

your brief. Use the caption from other documents, which will show the Court

of Appeals docket number. For the appellant’s brief, you will indicate if you

want oral argument before the judges. Write “ORAL ARGUMENT

REQUESTED” or “ORAL ARGUMENT NOT REQUESTED.”

Table of Contents. This list shows each of the required sections of the brief

and the page where it begins. You will need to finish the brief before you prepare

the Table of Contents.

Index of Authorities. This shows the legal sources mentioned in the brief and

the page numbers where each citation is mentioned. MCR 7.212(C)(3). Case

law, statutes, court rules, and legal treatises are examples of legal sources. You

will need to finish the brief before you prepare the Index. Once the rest of the

brief is finished, list all cases cited in the brief or application in alphabetical order.

Indicate all the pages of the brief where which each case is mentioned. A case

citation might look like the following:

People v Peterson, 789 Mich App 456, 458 (2002)

Gerginson v GMC, 123 Mich 654, 666 (2001)

Next, list all Michigan statutes you cited in the brief. If you cite statutes from

another state, list them after the Michigan statutes. Indicate all the pages on

which each statute is mentioned. A statute citation might look like the following:

MCL 600.2963

Court of Appeals Guide to Handling a Civil Appeal

Finally, list any other legal authority you cite in the brief. Indicate all the pages

on which each authority is mentioned. A court rule citation might look like the

following:

MCR 7.212(C)(3)

Statement of Jurisdiction. This is a short explanation why the Court of

Appeals has jurisdiction (in other words, the legal authority) to review your

appeal. MCR 7.212(C)(4). Here are examples:

For this claim of appeal, the Court has jurisdiction because the

claim was filed within 21 days of a final order entered on July 1, 2020.

MCR 7.203(A).

For this application for leave to appeal, the Court has jurisdiction

because the application was filed under MCR 7.205(A). The order being

challenged was entered on July 1, 2020, and a motion for reconsideration

was filed on July 15, 2020. The trial court denied the motion on July 22,

2020. This application was filed on August 1, 2020.

For this delayed application for leave to appeal, the Court has

jurisdiction under MCR 7.205(A)(4). It was filed within 6 months of the

July 1, 2020, order being appealed.

Statement of Delay. In a brief for a delayed application for leave to appeal,

include a short explanation of the reasons why the appeal was not filed within 21

days. MCR 7.205(A)(4).

Statement of Questions. Here you will list the legal questions or issues you

want the Court of Appeals to consider. MCR 7.212(C)(5). This list is very

important because it will be the guide for the argument section of the brief.

To prepare the Statement of Questions, you must determine the issues you want

the Court to decide. Think about the issues presented to the trial court. Which

issues do you think the court decided incorrectly? For example, if a lawsuit ended

because the trial court granted your opponent’s motion, you could look at the

arguments made in the motion and any response to the motion. What arguments

did the trial court agree with? Can you find legal authority to show the court was

wrong?

The issues for your case will depend on the specific circumstances of your case.

Looking at the following examples may help you write your issues.

Court of Appeals Guide to Handling a Civil Appeal

 Did the trial court err in granting the defendant’s motion for summary

disposition because there were genuine issues of material fact that must

be decided at trial?

 Did the trial court abuse its discretion by admitting certain evidence at

trial?

 Was the trial court’s finding of fact on this custody factor clear error?

 Did the trial court fail to follow the process required by this statute?

On the other hand, here are some examples that are NOT legal issues for an

appeal:

 Is the decision unfair?

 Why didn’t the trial judge believe me?

 Will the Court of Appeals help me?

 Did I do everything I could to win?

For each question, list the trial court’s answer and your answer.

Statement of Facts. This section is where you set out the facts relevant to your

appeal. MCR 7.212(C)(6). Many people will begin working on the brief by

writing the Statement of Facts.

In the Statement of Facts, you will tell the judges the important facts about your

case. Tell the story, but do not include opinions or arguments in this section.

As you write the Statement of Facts, focus on the information important to the

order you are challenging and the issues you want to raise.

The Statement of Facts must include citations to the record. When you state

something as a fact, the judges need to know where to find evidence to support

the statement. The citations may be to a pleading (like a complaint), a transcript,

an exhibit to a motion, for example. The judges will check to make sure the

evidence you are citing was presented to the trial court or tribunal.

You may find it helpful to consider these tips when you write your Statement of

Facts:

Court of Appeals Guide to Handling a Civil Appeal

• Begin with a few sentences to describe what the case is basically

about. For example:

This appeal involves a divorce action in which custody is at issue.

After a five-day trial, the trial court awarded physical custody of the

two minor children to the father. The mother appeals.

• Identify the main people or parties in the case and how they relate

to each other.

• Explain the main events in the order they happened. Provide

important dates.

• Discuss what legal action was taken and what rulings were made

before the appeal or application was filed.

Argument. This section is where you present your legal analysis for each of the

questions/issues you listed in the “Statement of Questions.” MCR 7.212(C)(7).

The arguments match up with the “Statement of Questions” you presented

earlier. In other words, Issue I is discussed in Argument I, Issue II is discussed

in Argument II, etc. Each argument has subsections for Preservation of Error

and Standard of Review.

To begin, copy your first question from the Statement of Questions. Use

CAPITAL LETTERS or boldfaced type.

Then, in the Preservation of Error subsection, state when and where the issue

was brought to the attention of the lower court or tribunal. Give the page

reference to the transcript or other documents to show where the issue was

preserved for appeal.

Next, include a Standard of Review subsection. Determining the standard of

review requires some understanding of the law and this Court’s role as an

appellate court.

The Court of Appeals reviews the decisions of another court or tribunal for error.

An appeal is not a do-over or a retrial, and the Court does not necessarily change

every decision the judges disagree with. The law recognizes that for some

decisions, the trial court is in a better position to assess the situation than the

Court of Appeals would be. For this reason, there are different levels of review

for different types of decisions. The term, “Standard of Review,” describes the

different levels of review for error.

Court of Appeals Guide to Handling a Civil Appeal

To understand the idea of standard of review, some non-lawyers find it helpful

to compare it to the instant replay review used in sports. In the National Football

League, certain rulings on the football field may be the subject of a challenge.

The officials review the recording of the play. The ruling made on the field will

be overturned only if a designated official determines “clear and obvious visual

evidence warrants a change.” The phrase, “clear and obvious visual evidence” is

the standard of review for determining whether the ruling on the field will be

overturned.

There are three standards of review the Court of Appeals applies most often.

The standard for each issue depends on the type of ruling the Court is reviewing.

Clear error. When the challenged ruling includes findings of fact, this

Court will review those findings for clear error. The Court will find clear error

when the Court has a definite and firm conviction a mistake was made. Miller-

Davis Co v Ahrens Construction Inc, 495 Mich 161, 172 (2014). This standard

recognizes factual findings often require the trial court to determine which

witnesses are credible, and because the trial court observes those witnesses, that

court is in a better position to determine the credibility than this Court is.

Abuse of discretion. For some decisions, the trial court will have choices

about how to handle a matter. When a court rule or statute states a court “may”

take some action, the word “may” often indicates the court will choose between

some options. In other words, the court has discretion. When a court has

discretion about a ruling, the Court of Appeals will review the trial court’s

decision for an abuse of discretion. An abuse of discretion occurs when the trial

court chooses an outcome “outside the range of principled outcomes.”

Maldonado v Ford Motor Co, 476 Mich 372, 388 (2006).

De novo. “De novo” means “from the beginning,” or “anew.” When

this standard applies, the Court of Appeals considers the case or issue

independently—as if the trial court had not ruled and the issue was being decided

for the first time by the Court of Appeals. This standard applies to legal issues,

such as how a statute must be interpreted. This standard also applies to rulings

on motions for summary disposition.

After you determine and write the standard of review, explain how the law

supports a decision in your favor. This is where you provide legal analysis.

Court of Appeals Guide to Handling a Civil Appeal

The court rules do not require the analysis to follow a certain format. You may

find it helpful to be familiar with a format taught in many law schools.

• Summarize the issue you are addressing in a sentence or two.

• State the law applying to the issue. You may have found a statute

or a court rule applying to your case. The law may also be from

published decisions of the Court of Appeals or the Supreme

Court. Decisions with similar facts are especially helpful.

• Explain how the law applies to the facts of your case.

• State the conclusion you want the Court to reach.

After you complete the analysis for your first issue, start a new section for the

next question. Copy your second question from the Statement of Questions and

follow the steps outlined above.

After you have analyzed each of the questions you listed in your Statement of

Questions, continue to the Relief Requested section.

Relief Requested. In this section, state what relief you want the Court of

Appeals to provide. MCR 7.212(C)(8). For example, you may want the Court

to reverse the order appealed and remand for entry of an order in your favor.

Or for an application, you may ask the Court to reverse the order appealed or

grant the application for leave to appeal to review the decision further.

Signature. You must sign the brief at the end. MCR 7.212(C)(9).

Appendix. The court rules list certain documents for you to collect and provide

as an appendix. See MCR 7.212(J) for the required documents.

Court of Appeals Guide to Handling a Civil Appeal

Part VII – Glossary

Administrative tribunal: Administrative agency acting in a judicial or quasi-

judicial capacity, with procedures similar to courts. The term is important

to determining if an order is appealable by a claim of appeal or by

application.

Appeal: A request made to a higher court for review of the lower court’s or

administrative tribunal’s decision to determine if it was correct.

Appellant: A person or entity who files an appeal.

Appellee: A person or entity against whom an appeal has been filed.

Application for leave to appeal: A request to a court to grant an appeal when

the requesting party does not have an automatic right to an appeal.

Brief: A written document submitted by a party to an appeal stating the

important facts of the case, setting out the applicable law, and explaining

how the law and facts support the court deciding an issue in a certain way.

Caption: Heading on court documents to identify the case for filing the

documents. The caption shows the docket number, the parties’ names,

and their relationship to the case (such as “plaintiff-appellant”).

Clerk of the Court: An officer of the court in charge of managing the flow of

cases through the court, maintaining court records and providing other

administrative support to the court and judges. Each district office has a

district clerk, who reports to the chief clerk.

Claim of appeal: An appeal a party has a right to file and have the judges review

and decide. The right is given by statute or court rule. The document

used to start the appeal is also called the claim of appeal.

Clerk’s Office: The Clerk’s Office is the division of the Court of Appeals that

accepts filings and records them on the Court’s docket.

Court rules: The procedural rules governing the courts. Chapter 7.200 of the

Michigan Court Rules contains most of the court rules for the Court of

Appeals. See MCR 7.201 through MCR 7.219.

Court of Appeals Guide to Handling a Civil Appeal

District court: District courts are at the lowest level of the state courts.

Decisions of the district court are appealed to the circuit court.

Docket entries: See “Register of actions.”

Final order: This legal term has several definitions. MCR 7.202. The term is

important for determining whether the order may be appealed by a claim

of appeal or by an application.

Interlocutory order: An order that does not end the case. Most interlocutory

orders must be appealed by an application for leave to appeal instead of a

claim of appeal.

IOP: An acronym for Internal Operating Procedures. These are explanations

of the practices of the Clerk’s Office in regard to applying the Michigan

Court Rules. The numbering relates to the court rules. The IOPs

are

available on the Court’s website.

Jurisdiction: The legal authority of a court to hear and decide a case.

Motion: A request by a party to the court for a decision on an issue relating to

the appeal. Some examples are a motion to waive fees and a motion to

extend time to file a brief.

Notice of Filing Transcript: A document completed by a court reporter

showing when the court reporter filed a transcript with the lower court.

Opinion: A court’s written explanation of its decision.

Order: A short written decision by a court.

Oral argument: A hearing in front of the panel of judges assigned to a case

where the parties or their attorneys summarize their arguments from the

briefs and answer the judges’ questions regarding the case.

Panel: A group of judges assigned to decide the case. In the Court of Appeals,

judges generally decide cases in panels of three.

Party: A litigant in a case. In an appeal, a party is usually referred to as

“appellant” or “appellee.”

Pleadings: Documents filed in a court outlining a party’s position. Claims of

appeal, applications for leave to appeal, and complaints are all pleadings.

Court of Appeals Guide to Handling a Civil Appeal

Pro per: An abbreviated version of the Latin phrase, “in propria persona,”

meaning “on one’s own behalf.” Pro per refers to a party who presents

his/her own case without an attorney.

Pro se: See Pro per.

Proof of service: A document stating how a party gave copies of a court filing

to the other parties. Documents may be served by first-class mail, hand

delivery, or electronically if the party has signed up for e-filing through

MiFILE. When you file a document with the Court of Appeals, you must

send a copy to the other parties and provide the Court of Appeals with a

proof of service.

Record: A written account of the lower court proceedings in a case, including

pleadings, transcripts of testimony, and exhibits.

Remand: To send back. When a court has jurisdiction of a case and some

action needs to be taken by a lower court, the higher court may remand

to that lower court. The Court of Appeals may remand to the circuit

court. The Supreme Court may remand to the Court of Appeals or to the

circuit court.

in a court case. This is also known as “Docket Entries.”

Reverse: When the Court reverses an order or judgment, the Court has

determined the ruling was in error and it must be set aside. Usually, the

Court will further indicate a different ruling must be made.

Standard of review: A legal term to describe the different levels of the Court’s

review for error. “Clear error,” “abuse of discretion,” and “de novo” are

the most common standards of review.

Stenographer’s Certificate: A form prepared and signed by a court reporter

showing a transcript has been ordered.

Transcript: A written, word-for-word record of what was said in a proceeding.

It is prepared by a court reporter.

Tribunal: See Administrative tribunal.

Vacate: To set aside or cancel an order or judgment, usually without replacing

it with a contrary judgment. See Reverse.

Court of Appeals Guide to Handling a Civil Appeal

Part VIII – FAQ

How does the Court count days when calculating a deadline?

The website for the Court of Appeals has a calculator to measure time

You may also use a calendar to determine the due date. To determine the due

date for a filing, count the day after the triggering act or event as “Day 1” and

continue counting each day after, including weekends and holidays, until you

reach the number of days allowed by the deadline. For example, if the triggering

event was an order entered on a Tuesday and the filing deadline is 21 days, you

would count Wednesday as Day 1, Thursday as Day 2, Friday as Day 3, and so

on until you reach Day 21. Your filing is due on Day 21. Because most deadlines

in the court rules are stated in 7-day increments, the deadline day will usually be

the same day of the week as the triggering event. If the end of the deadline falls

on a weekend or court holiday, your deadline is extended until the next day the

court is open. So, in the example above, if the court was closed on Day 21, the

deadline would be extended until the next day the court was open.

When is a document considered “filed” with the Court of Appeals?

Usually in the Court of Appeals, documents are not filed when placed in

a mailbox or on the postmarked date of the mailing. They are only considered

filed when they are received by the Court of Appeals. MCR 7.202(2) and (4).

An e-filed document is considered received at the time shown on the e-filing,

unless that is a weekend or Court holiday. For paper filings, the Court places a

timestamp on the document when it is received. That timestamp shows the date

the Court considers the document to have been filed.

As of September 1, 2021, a filing by an incarcerated person who is not

represented by an attorney is considered timely filed if deposited in the

institution’s outgoing mail on or before the deadline. MCR 1.112. If you are

represented by an attorney, the usual rule for filings will apply.

How do I file documents with the Court of Appeals?

You have three options. You may electronically file documents with the

Court of Appeals. (Instructions for e-filing

are on the Court’s website.) You

may mail your documents to the Court of Appeals at one of the four offices

Court of Appeals Guide to Handling a Civil Appeal

listed on page ii. Finally, you may deliver your documents by hand to one of the

four offices.

How do I appeal a decision of the district court?

A district court order may be appealed to the circuit court if certain

requirements are met. The court rules for appeals to circuit court are in the

chapter beginning at MCR 7.101. The Court of Appeals does not have

jurisdiction to review a district court order; if you file an appeal in this Court

from a district court order, the appeal will be dismissed. If the district court’s

order has been appealed to circuit court, and the circuit court has entered an

order you want to appeal, you may be able to appeal in the Court of Appeals by

filing an application for leave to appeal if certain requirements are met. The

Court does not have jurisdiction over a claim of appeal from a circuit court order

on appeal from another court, such as a district court. MCR 7.203(A).

Who do I have to provide copies of my claim of appeal or application to?

When you file a claim of appeal or an application for leave to appeal, you

are required to send (“serve”) copies on all the parties to the action at the lower

court level, even those parties not affected by the order. MCR 7.204(C)(3) and

7.205(B)(5). The Court’s internal operating procedures (IOP) provide for two

exceptions to the service requirement. An appellant does not have to serve (1) a

party who has been dismissed from the trial court proceedings by order pursuant

to stipulation, or (2) a party who was dismissed from the trial court proceedings

for lack of service. If one of these exceptions applies, the appellant must advise

the Court in writing on the proof of service.

How can I contact the judges?

Communication with the judges of this Court must be by formal pleadings

filed in accordance with the Court rules. The judges are not allowed to respond

to correspondence directly. Pursuant to Court policy and Canon 3(A)(4) of the

Code of Judicial Conduct, a response by one of the judges would constitute an

improper “ex parte” communication. Direct requests for information, pleadings,

correspondence, or other documents related to an appeal must be directed to the

attention of the Court Clerk.

Court of Appeals Guide to Handling a Civil Appeal

Does the Court of Appeals send out a scheduling order?

No. The times for the steps in the appeal are determined by the court

rules. Many actions in the course of the appeal are calculated from the timing of

earlier events. The Court is not able to predict when they will occur. Parties are

notified shortly before a claim of appeal case is scheduled to be heard.

What are some free online resources for legal research?

Google Scholar

provides one way to research the law. This search tool

allows you to enter words important to your case, select “Case Law,” and then

narrow the results to find cases similar to yours. In addition, the

published

decisions of the Michigan Court of Appeals and the Michigan Supreme Court

for approximately 12 years are available online. The Court’s website offers a

tool to search the Court’s opinions and orders by keywords.

How long will it take for my case to be decided?

Many factors affect how long it will take for an appeal to be decided,

including the time for transcript preparation, briefing, and processing within the

Court. In 2019, the average time from the claim of appeal to the opinion for

civil appeals that were not expedited was about 15 months. An order deciding

an application for leave to appeal will usually be entered in less than 8 months.

Court of Appeals Guide to Handling a Civil Appeal

Part IX – Forms and Examples

Claim of Appeal

The Claim of Appeal form

is available on the Court’s website. It is designed to

be used where there are two parties. The form is used for circuit court appeals,

as well as appeals in the Court of Appeals.

Court of Appeals Guide to Handling a Civil Appeal

Example of Claim of Appeal (more than 2 parties). This claim of appeal

shows how a claim may be prepared without a form.

Court of Appeals Guide to Handling a Civil Appeal

Jurisdictional Checklist

The Jurisdictional Checklist form

is available on the Court’s website.

Court of Appeals Guide to Handling a Civil Appeal

Example of Completed Jurisdictional Checklist

Court of Appeals Guide to Handling a Civil Appeal

Motion to Waive Fees

The Motion to Waive Fees form

is available on the Court’s website.

Court of Appeals Guide to Handling a Civil Appeal

Docketing Statement

The two-page Docketing Statement form

is available on the Court’s website.

Court of Appeals Guide to Handling a Civil Appeal

Example of a Completed Docketing Statement

Court of Appeals Guide to Handling a Civil Appeal

Proof of Service

The Proof of Service form

is available on the Court’s website.

Court of Appeals Guide to Handling a Civil Appeal

Brief Example – Appellant’s Brief

Court of Appeals Guide to Handling a Civil Appeal

Brief Example – Appellant’s Brief (cont.)

Court of Appeals Guide to Handling a Civil Appeal

Brief Example – Appellant’s Brief (cont.)

Court of Appeals Guide to Handling a Civil Appeal

Brief Example – Appellant’s Brief (cont.)

Court of Appeals Guide to Handling a Civil Appeal

Brief Example – Appellant’s Brief (cont.)

Court of Appeals Guide to Handling a Civil Appeal

Brief Example – Appellant’s Brief (cont.)

Court of Appeals Guide to Handling a Civil Appeal

Brief Example – Appellant’s Brief (cont.)

Court of Appeals Guide to Handling a Civil Appeal

Brief Example – Appellant’s Brief (cont.)

Court of Appeals Guide to Handling a Civil Appeal

Brief Example – Appellant’s Brief (cont.)

Court of Appeals Guide to Handling a Civil Appeal

Brief Example – Appellant’s Brief (cont.)

Court of Appeals Guide to Handling a Civil Appeal

Brief Example – Appellant’s Brief (cont.)