Michigan’s Court Rule 7.204 on Filing a Claim of Appeal in Michigan

One of the things standing between you and permanent consequences after a wrongful judgment is your right to appeal. And in Michigan, this process is exacting and unyielding. A tight web of rules governs how, when, and where you can challenge a conviction or a ruling. 

Central to this process is the Michigan Court Rule (MCR) 7.204. This is the rule that sets the standards for filing a claim of appeal. Mark Linton is an experienced attorney in Michigan who handles criminal and civil appeals. And he's lived in the trenches of these rules. 

He breaks down why understanding the MCR 7.204 rule governing a claim of appeal in Michigan is essential. He also explains how a single misstep will have the system cut your case off mercilessly.

What Is a Claim of Appeal in Michigan?

A claim of appeal is your right to directly challenge a lower court's decision when the law gives you that right. It differs from an application for leave to appeal, where you have to get the court to agree to move your case forward. A claim of appeal secures a case review if rules are met.

The Heart of MCR 7.204

The strictest element of MCR 7.204 is its deadline. Filing must occur within the prescribed period.

Civil cases are allowed up to 21 days. The criminal case's timeline, on the other hand, can extend up to 42 days depending on the order. And judgment entry sets the appellate timer in motion.

If you're even a single day too late, your appeal becomes dead on arrival. The Michigan Court of Appeals will dismiss your case for lack of jurisdiction. 

Timeliness is jurisdictional, and Michigan courts have repeatedly stressed that there are no time extensions in the appeals process. That's why acting quickly after a sentence or a civil judgment is absolutely critical. 

In contrast, an application for leave to appeal sometimes allows a longer filing window. Usually, it's 21 days, but may be extended up to 6 months if certain post-judgment motions are involved. 

Deadlines Under MCR 7.204 for a Claim of Appeal Michigan

MCR 7.204 sets strict timelines for filing a claim of appeal in Michigan. Missing the deadline—even by a single day—usually ends the appeal. Only in very limited situations does the rule allow extra time.

Tolling of the Deadline

Tolling under MCR 7.204 is rare and applies only in narrow circumstances. One example is when a party files a timely post-judgment motion, such as for a new trial, rehearing, or reconsideration. In that case, the appellate clock pauses and restarts after the motion is resolved.

Delayed service is another occasion where tolling is allowed. If you didn't get served with the judgment or order on time, as required by MCR 2.602, you aren't automatically out of luck.

You can still file a claim of appeal, but you need to do two things. First, you need to attach an affidavit proving that the service was late. Secondly, you should file your appeal within 14 days of actually being served. 

From there, the court will decide if your appeal should be treated as timely. Michigan case law consistently demonstrates no mercy for missed deadlines.

The Baitinger v. Brisson (1998) case is one good example. Here, the Court of Appeals dismissed the case for lack of jurisdiction. This was simply because it wasn't filed within the 21-day period.

First Steps in Filing an Appeal in Michigan Under MCR 7.204

Notice of Claim of Appeal 

The appeal process starts with filing a notice of claim of appeal in the Michigan Court of Appeals. The notice must identify the lower court and case number, the judgment or order being appealed, and the parties involved. You should complete this filing within the 21-day deadline set by MCR 7.204(A)(1). If the notice isn't timely, jurisdiction never vests.

Proof of Service

Filing is not enough. MCR 7.204(G) also requires proof of service. And you must show that every party, including the trial court clerk, received a copy.

This step is about fairness, and every party has a right to know that the appeal has been filed. And the Court can dismiss an appeal because the procedural requirements for service weren't satisfied. 

Required Documents

MCR 7.204(C) tells you the documents that go with the claim. These include a copy of the order or judgment being appealed, the register of actions (which is a certified docket sheet from the trial court), proof of service, and an appearance form if you're represented by appellate counsel. 

Michigan courts promptly dismiss a case for noncompliance with filing requirements. In the People v. Swafford (2009) case, the court reaffirmed that jurisdiction arises only if the required documents are filed. 

That's why well-reputed appellate counsel in Michigan insist on this step. They need certified copies and the case register from the trial court. 

Fees

Appeals come at a cost. Michigan Compiled Laws (MCL) 600.321 authorizes filing fees for civil appeals. And MCR 7.204(B) requires payment when the claim is filed. If you can't pay, seek a fee waiver (in forma pauperis) under MCR 2.002.

The courts also have zero patience here. And your appeal can be denied when the proper steps to secure indigency status weren't followed. The message is clear. You must either pay or properly apply for the waiver at the outset. 

Transcript Ordering

The transcript is the essence of the appeal. And MCR 7.210(B)(1)(a) directs appellants to provide a court reporter or recorder’s certificate. This proves the transcripts were ordered and paid for. 

Delays in transcripts derail a case. And this is clear in the People v. Anderson (1995) case. Here, the court held that failure to timely order and pay for transcripts constitutes a waiver of the issue. 

It's not enough to say you'll get them later. The Court demands upfront, documented proof that transcripts are on the way. 

Timely Perfection of the Appeal

To “perfect” the appeal, you must file the complete record (as per MCR 7.210) and ensure transcripts are delivered. You must also file the appellate brief within the deadlines of MCR 7.212(A)(1). As the appellant, you must file a written argument called a brief. 

After filing, the appellee (the opposing side) must respond within 21 days in special cases or 35 days in others. Both sides must serve copies of briefs and file proof of service. “Perfection” in this case is simply the court's way of saying “finish every step on time or lose your case.”

How All the Rules Work Together 

MCR 7.204 is only one piece of a larger web of rules and statutes that make up Michigan appellate practice. Other rules on the web include MCR 7.202(6), which defines the criteria for appeals. 

The rule states that you must be sure you're appealing from a final judgment. In criminal cases, this means the conviction and sentence. In civil cases, it's a judgment that settles all causes of action involving all parties.

There's also MCL 600.308(1). It confers jurisdiction for appeals of right from final orders. MCL 600.309 is also crucial as it reinforces that jurisdiction is dependent upon proper filing. MCR 7.201(B)(3) gives the Court of Appeals the authority to dismiss any appeal that doesn't comply with the rules. 

MCR 7.210 also lays out the requirements for building the record on appeal. Finally, there's MCR 7.212. It dictates every detail you must know and work with when creating briefs for your appeals. 

Why You Need Skilled Appellate Advocacy in Michigan Appeals 

Every week in Michigan, people walk into the Court of Appeals with hope and walk out with nothing. And it's not because their case had no merit. It's because they missed filing by a day, skipped a document, or trusted the system to show mercy. The system doesn't. 

Michigan's appellate rules don't bend. They break people. And once they break you, there's no coming back. If you've been hit with a judgment, you may be standing at that crossroads right now. One path leads to silence and disappointment.

The other begins with a call to Mark, a highly skilled Michigan appeals attorney, and ends with victory. He's the edge that takes a case from a forgotten shelf to courtroom victory. Contact Mark Linton today to protect the only chance you have left with unmatched skill and precision.

Frequently Asked Questions About Filing a Claim of Appeal in Michigan

Q: What is a claim of appeal in Michigan?

A: A claim of appeal is the right to have the Michigan Court of Appeals review a lower court’s decision when the law provides for it. Unlike an application for leave to appeal, a claim of appeal is automatic if rules and deadlines are met.

Q: What is the deadline to file a claim of appeal in Michigan?

A: Civil cases usually allow 21 days from the entry of judgment, while criminal cases may allow up to 42 days depending on the order. Missing the deadline—even by one day—means the Court of Appeals will dismiss the case.

Q: Does Michigan law ever allow extensions of the appeal deadline?A: Extensions are extremely rare. Limited tolling may apply if you file a timely post-judgment motion (such as for reconsideration or a new trial), or if you prove delayed service of the judgment.

Q: What documents are required when filing a claim of appeal?

A: Under MCR 7.204, you must include the notice of claim of appeal, proof of service, a copy of the judgment or order, the trial court’s register of actions, and an appearance form if represented by counsel.

Q: What happens if I miss a deadline or forget a required document?

A: The Michigan Court of Appeals has no flexibility—your case will be dismissed for lack of jurisdiction. Michigan courts have consistently ruled that timely, complete filing is mandatory.

Q: Do I need an attorney to file a claim of appeal in Michigan?

A: While you can technically file on your own, the process is strict and unforgiving. Working with an experienced appellate attorney greatly improves your chances of meeting every requirement and preserving your appeal.