How to File a Claim of Appeal in the Michigan Court of Appeals

When a trial court ruling feels unjust, it doesn't just stay in the courtroom. It follows you home, into your family, your future, and your inner harmony.

However, Michigan law offers a way out of injustice — and that is through filing a Claim of Appeal Michigan defendants rely on to keep their cases alive. This one step declares you're not done fighting. And it says that you refuse to let a single wrong decision be the final word on your life.

The process of submitting a claim of appeal keeps justice within reach and your case moving forward. However, it's also very unforgiving. If you miss one deadline, leave out one document, or skip a required step, your case can vanish forever.

In this guide, a prominent Michigan appellate attorney, Mark Linton, explains how to file a claim of appeal in the Michigan Court of Appeals. Understanding the process is critical because when everything you've worked for is on the line, you can't afford mistakes. 

Steps to Filing a Claim of Appeal in Michigan

Determine if You Have an Appeal of Right

Not all cases are eligible for a claim of appeal. A claim of appeal applies only to an appeal of right. Michigan Court Rules (MCR) 7.203(A) states that only two instances give you an appeal of right. 

The first is when a circuit court issues a final judgment or order in a case. This comes after a conviction or sentencing. In certain circumstances, the appeal of right is automatic. The second instance is when the order is final on certain civil and family-law cases. 

In some situations, the decision in your case may not be conclusive. One example is when a judge makes an interlocutory ruling while the case is ongoing. In such scenarios, you may need to pursue an application for leave to appeal under MCR 7.203(B).

In the case of People v. Torres (1996), the Michigan Supreme Court emphasized the importance of distinguishing between an appeal of right and a request for leave to appeal. It warned that if you file the wrong type of appeal, the court will dismiss your case before it reaches a judge's desk.

Deadlines for a Claim of Appeal in Michigan Court of Appeals 

MCR 7.204(A)(2) says you must file a Claim of Appeal Michigan courts will recognize within 42 days of the judgment or order. This is after the judgment or order you are appealing. And if you miss this timeline even by a single day, your right to appeal is gone. 

Michigan courts enforce this rule strictly. And Michigan law insists that failure to meet jurisdictional deadlines deprives the Court of Appeals of the authority to hear your case. 

However, some exceptions like delayed appeals under MCR 7.205(A)(4) exist. But you can't count on them to save a late filing, as they're narrow and discretionary.

Filing the Claim of Appeal

The Claim of Appeal is the official document that initiates an appeal in the Michigan Court of Appeals. It shows who's appealing (you, the appellant), what ruling, and from which court.

It must also contain the names of the parties involved, the lower-court case number, and the certification of service on the prosecutor or opposing party. 

Additionally, the filing must include the filing fee, the docketing statement, and copies of the order or judgment appealed from, as stated by MCR 7.204. And failing to include any of the required items can result in dismissal. 

Michigan Compiled Laws (MCL) 600.308 grants the Court of Appeals jurisdiction over appeals from final judgments of the circuit court. But, the appeal isn’t perfected unless you file the claim properly.

Ordering and Filing Transcripts 

The appellate court limits its review to the record. And this makes the transcripts of the lower court proceedings quite essential in the appeals process. 

According to MCR 7.210(B)(1), you must order all necessary transcripts within 14 days of filing the Claim of Appeal. And a “Transcript Request Form” must be served on the court reporter and filed with the trial court. 

Failing to order transcripts can cripple your appeal. This is because you may raise an issue appeal, which depends on trial testimony. And if you don't provide transcripts, the Court of Appeals won't guess at what happened. 

The People v. Federico (1985) case is a good example. The ruling on this case emphasized that appellate courts will deem the issues you raise as abandoned if no transcripts are available. 

Building the Record on Appeal

The record on appeal essentially includes all pleadings and filings from the trial court, exhibits admitted at trial, and the presentence investigation report in criminal cases (as per MCR 7.210(A)(2)). And it's your duty as the appellant to ensure this record is complete. 

Any gap you leave in the record benefits the appellee (the other party in your case). As the People v. Elston (2000) case indicates, appellants bear the burden of providing a sufficient record to verify claims of error. 

Drafting and Filing the Appellant's Brief

After filing the Claim of Appeal and ordering transcripts (the first steps in filing an appeal), the next critical step is drafting the appellant's brief. This is where the appeal lives or dies. And MCR 7.212(C) lists what a brief must contain. Some of them include:

-A statement of jurisdiction 

-A relief requested section

-A concise statement of questions presented 

-Arguments, with citations to authority 

-A statement of facts with record citations 

Proper formatting and word count are also key aspects. And MCR 7.212(B)(1) limits the word count to 16,000 words for principal briefs. The People v. Kevorkian (2001) case illustrates the importance of a well-structured appellate brief. 

In the case, the court repeatedly stressed that poorly presented arguments that lack citation or proper framing are also deemed abandoned. 

The Role of Standards of Review

Each issue you raise on appeal is reviewed under a specific standard. The De Novo review standard is used for questions of law, such as constitutional issues. 

Factual findings use the clear error standard, while sentencing or evidentiary rulings use the abuse of discretion standard.

The People v. Milbourn (1990) case set the framework for reviewing sentencing decisions under the abuse of discretion standard. 

The People v. Lockridge (2015) case, on the other hand, reshaped sentencing guidelines. This is in light of the Sixth Amendment, which clarifies how appellate courts review guideline scoring. 

A brief becomes effective when it demonstrates how the standard of review requires reversal. This means going beyond just explaining why the lower court was wrong. 

What Happens After Filing 

After you file the appellant's brief, the appellee (who's often the prosecutor in criminal cases) files a response. You may then file a reply brief. 

Sometimes, the Court of Appeals schedules an oral argument under MCR 7.214(A). This presents an opportunity for lawyers to highlight key points and answer judges’ questions. 

From there, the court then issues a decision. And the decision can affirm, reverse, remand for further proceedings, or modify the judgment. 

Why Legal Representation Matters

Filing a Claim of Appeal in Michigan is both a right and a race against time. You have just one chance to get it right. As earlier mentioned, the court doesn't forgive mistakes. Every requirement matters, from every deadline, every document, to every word of your brief.

For the courts, it's about precedent and process. But for you, the appeal is far more than just the law and a case file. It's about your life, your liberty, and everything you stand to lose. And bridging that gap requires strategy, skill, and relentless appellate counsel. 

That's why you need an advocate who knows the rules inside and out. An advocate who knows how to craft your case so powerfully that the Court of Appeals has no choice but to listen. That advocate is Mark Linton. 

Mark has built a reputation as one of Michigan's leading appeals lawyers. He knows how to frame issues for maximum impact, spot rulings that draw scrutiny, and navigate procedural traps. He also knows how to read Michigan court panels accurately and tailor arguments that resonate deeply.

The 42-day timeline is already running. Don't let your voice be silenced. Contact Mark Linton today to fight like hell for the future you refuse to lose. Justice doesn't wait and neither should you. 

FAQs: Filing a Claim of Appeal in the Michigan Court of Appeals

What is a “Claim of Appeal” in Michigan?A Claim of Appeal starts an appeal by right in the Michigan Court of Appeals. It identifies the judgment or order you’re appealing and triggers strict deadlines.

Who qualifies for an appeal by right (Claim of Appeal Michigan)?Final judgments or orders from the circuit court are generally appealable by right. Non-final orders usually require an Application for Leave to Appeal instead.

What is the deadline to file a Claim of Appeal in Michigan?You must file within 42 days of the judgment or order per MCR 7.204. Missing this jurisdictional deadline usually ends the appeal.

What documents must accompany the Claim of Appeal?The Claim of Appeal, filing fee, docketing statement, the order or judgment appealed from, lower-court case number and party information, and proof of service on the opposing party.

Do I have to order transcripts after filing?Yes. Under MCR 7.210, you must order all necessary transcripts and file the Transcript Request Form within 14 days of filing. Missing transcripts can cripple your appeal.

What if I miss the 42-day deadline?Only limited, discretionary options may remain (like certain delayed appeals). Consult an appellate lawyer immediately to explore any remaining options.