How to Appeal a Court’s Decision in Michigan?
The first order of business when filing an appeal in Michigan is to submit a claim of appeal within 42 days after the final ruling in your case.
Claim of Appeal
You may file your claim of appeal in person at the district court where your case took place or online. Along with the claim of appeal form, you will need to submit the following information:
- Copy of the original final district court decision.
- A copy of the court reporter’s certificate showing you have paid for and ordered a copy of the transcript for the case.
- A copy of the docket entries for your case.
- A jurisdictional checklist.
- Proof that you have served a copy of the claim of appeal with all other parties.
- A processing fee of $375 due at the time of filing.
Next, you must prepare and submit your brief. This important document is used to decide on your case. In civil cases, the appellant brief is due twenty-eight days after the claim of appeal has been filed. In a criminal case, you have fifty-six days to file your brief. Your brief must be hand-delivered to the Clerk of courts. You must bring five copies of your brief, and it cannot be more than fifty pages long. It is your responsibility to provide all other parties with one copy of the brief. Your brief will need the following information:
- Table of contents.
- Index of authorities listing all citations.
- Statement of jurisdiction.
- Statement of questions you want to be answered by the court.
- Statement of facts.
- Relief requested.
- Oral argument request or waiver.
- Proof of service
There is no set time limit for when your case will be reviewed and decide upon, but generally, most cases are completed within eighteen months. The Clerk of the appellate court will provide all parties the verdict in writing.
If you receive the final decision and are not happy with it, you have the right to petition for another review or take it higher to the Supreme Court.