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Topics:
Q: What is the Court of Appeals?
A: The Court of Appeals is an "intermediate" appellate court between the
Supreme Court and the Michigan trial courts. Final decisions resulting from a
circuit or probate court hearing may be appealed to the Court of Appeals. The
Court of Appeals judges are elected for 6-year terms. Court of Appeals hearings
are held in Detroit, Grand Rapids, Lansing and Marquette. Hearings are held
before a panel of three Court of Appeals judges and at least two of the three
judges must agree on the ruling. The panels are frequently rotated so that a
variety of judicial opinions are considered. The decision of the panel is final
except for those cases which the Supreme Court reviews.
[See MCR 7.201.]
Q: Can the Court of Appeals Clerk's Office give legal advice?
A: No. The Court of Appeals Clerk's Office cannot offer legal advice on any
matter. It is recommended that parties seek legal guidance from a licensed
attorney admitted to practice in the State of Michigan.
Q: Where can I file my appeal?
A: All papers intended for filing with the Michigan Court of Appeals may be
filed with any one of the four district offices, by mail or by hand delivery.
The locations of the district offices are as follows:
First District
Cadillac Place
3020 West Grand Boulevard, Suite 14-300
Detroit, MI 48202-6020
PH: 313/972-5678
Second District
Columbia Center
201 West Big Beaver Road, Suite 800
Troy, MI 48084-4127
PH: 248/524-8700
Third District
State of Michigan Building
350 Ottawa, NW
Grand Rapids, MI 49503-2349
PH: 616/456-1167
Fourth District
2nd Floor, Hall of Justice
925 West Ottawa St.
P. O. Box 30022
Lansing, MI 48909-7522
PH: 517/373-0786
All district offices are open from 9:00 a.m. to 5:00 p.m., Monday through
Friday, except for court holidays.
[See MCR 7.201; IOP 7.201(B)(1)-(3).]
Q: Where can I get a copy of the Michigan Court Rules?
A: An electronic version of the Michigan Court Rules can be found on this web site (Go to Court Rules).
A hard copy of the rules may also be found at any local court house or law library.
Q: Do I need an attorney in order to file an appeal?
A: There is no requirement that a party be represented by an attorney in order
to file an appeal.
Q: I don't have an attorney, where can I find one?
A: If you do not have a lawyer, consult the local telephone book for a Lawyer
Referral Service number or a complete list of lawyers in the yellow pages under
Attorneys. The State Bar of Michigan provides a Lawyer Referral &
Information Service which may be of assistance in locating an attorney to
handle your case. The telephone number is (800) 968-0738. The hours of
operation are Monday through Friday, 9 a.m. to 4:30 p.m., except for legal
holidays. You may also reach the State Bar of Michigan through its website at
www.michbar.org. In addition to the Lawyer Referral & Information
Service, the State Bar can also assist in locating agencies which provide legal
representation at no charge under certain circumstances. In addition, some
employers provide a legal plan as part of their employee benefits. Check with
your employer to see if this benefit is available.
Q: Do I need to obtain a bond in order to file an appeal?
A: The posting of a bond is not a prerequisite to filing an appeal. If the
trial court requires the posting of a bond, a copy of the bond must be filed
with the Court of Appeals.
[See MCR 7.204(C)(4); MCR 7.209; IOP 7.204(C)(4); IOP 7.209.]
Q: How long will it take to get a decision on my appeal?
A: The time frame for deciding an appeal depends on various factors. Certain
cases, such as child custody matters, are given priority status. In addition,
the Court may order that a case be handled on an expedited basis. Such a
designation will significantly lessen the time to complete the case. As a
general matter, approximately ninety percent of all cases before the Court of
Appeals are concluded within 18 months of their filing. The length of time to
complete a case is affected by the time required for preparation of the lower
court record, the filing of the parties' briefs, the volume of cases before the
Court and the Court staffing resources.
Q: What are the court fees related to an appeal?
A: The court fees are set by statute, MCL 600.321. The filing fee for a claim
of appeal, application for leave to appeal, or an original action is $375. The
standard motion fee is $100 for each motion. A Motion for Immediate
Consideration or a Motion to Expedite Appeal requires a fee of $200
(prosecutors are exempt from this fee in an appeal from a criminal proceeding).
There are provisions for waiving these fees under certain circumstances (see
related FAQ).
[See IOP 7.204; IOP 7.205; IOP 7.206; IOP 7.211.]
Q: Is there any way to have the court fees waived?
A: A party seeking to have court fees waived should file a motion to waive
fees. The motion should adequately indicate the reason for the request to waive
fees, including details of the income or assets of the party if relevant. The
inclusion of a motion to waive fees with the filing of a pleading requiring a
fee will be accepted in lieu of payment of the fees at the time of filing. If
the motion to waive fees is not granted, the Court will seek payment of the
fees, including the motion fee for the motion to waive fees.
[See MCR 2.002; IOP 7.219(G)-1.]
Q: How many copies of a brief should be filed?
A: Parties are required to file 5 copies of all briefs with the Court of Appeals.
[See MCR 7.211, 7.212; IOP 7.212.]
Q: What are the bases for determining whether a decision of the Court of
Appeals will be published?
A: By court rule, an opinion of the Court of Appeals must be published if it
(1) establishes a new rule of law, (2) construes a provision of a constitution,
statute, ordinance, or court rule, (3) alters or modifies an existing rule of
law or extends it to a new factual context, (4) reaffirms a principle of law
not applied in a recently reported decision, (5) involves a legal issue of
continuing public interest, (6) criticizes existing law or (7) creates or
resolves an apparent conflict of authority, whether or not the earlier opinion
was reported. MCR 7.215(B). If a party believes that one of these standards is
met in a case, the party's brief may include a statement that publication is
warranted. The party should reference the pertinent standard.
[See MCR 7.215(B); IOP 7.215(B)]
Q: How do I request or waive oral argument?
A: A party who timely files its brief on appeal is entitled to oral argument.
To request oral argument a party must include the statement "ORAL ARGUMENT
REQUESTED" on the title page of the brief in capital letters or boldface type.
A party who fails to properly request oral argument or who fails to timely file
its brief, waives the right to oral argument. A party who has lost the right to
an oral argument may file a motion with the court requesting that the Court
grant oral argument.
[See MCR 7.101(K); MCR 7.212(C); MCR 7.214(A); IOP 7.214(A).]
Q: What is the Court of Appeals holiday schedule for this year?
A: Click the link below for a list of the Court of Appeals holidays.
Court Holidays
Q: How does the Court of Appeals calculate the time limits for filings?
A: The computation of time is determined in accordance with MCR 1.108. This
rule may be summarized by noting that (1) the first day of the pertinent
time period is the day after the day of the act or event which triggers
the time to begin running; (2) the last day of the pertinent time period
is included, unless it is a Saturday, Sunday, legal holiday, or holiday on
which the Court is closed pursuant to court order, in which case the time ends
on the next day that the Court is open. Saturdays, Sundays, etc., that fall within
the time period (e.g., not on the last day) are counted the same as any other
day.
[MCR 1.108; MCR 7.204(A); IOP 7.204(A).]
Q: How can I request an extension from a filing deadline?
A: A party may request an extension of time from a deadline by filing a motion
for extension of time.
[See MCR 7.211; MCR7.212; IOP7.212.]
Q: Can I withdraw the appeal that I filed?
A: Yes. The party who brought the appeal or action in the Court of Appeals may
file a motion to withdraw the appeal and the clerk will enter an order of
dismissal if the motion is unopposed. In addition, the parties to a case may
file a signed stipulation agreeing to dismiss the case and, upon payment of all
fees, the clerk will enter an order dismissing the case. However, if the case
is a class action or has been assigned to a panel of judges for final
disposition, the stipulation to dismiss will be submitted to a panel of judges
for a determination whether to order dismissal.
[See MCR 7.218; IOP 7.218.]
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