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HOW & WHEN TO FILE AN APPEAL
This chart outlines the basic requirements for an appeal from a final judgment. Interlocutory
appeals have different rules and procedures. E-filing will have a “convenience fee” added for credit card processing.
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COURT |
DEADLINE FOR APPEAL |
FILING FEE |
DETAILED FILING REQUIRED? |
WHERE APPEAL MUST BE FILED |
BASIC RULES (rules can be found on court websites) |
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Michigan Court of Appeals |
21 days after judgment |
$375 to Court of Appeals $25 to circuit court clerk Contrary to earlier reports, the
$25 e-filing “system fee” will not be owed for appeals unless the action in
the Court of Appeals is defined as an “original action” (rare) |
No – you file a simple claim of appeal and other routine documents |
Electronically – e-filing is mandatory for lawyers. Nonlawyers can file documents through e-filing or at any of the Court of Appeals’ 4 offices (Detroit, Troy, Lansing, Grand Rapids). |
MCR chapter 7.200 |
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Michigan Supreme Court |
42 days after Court of Appeals decision |
$375 Contrary to earlier reports, the
$25 e-filing “system fee” will not be owed for appeals, but is owed for
original actions (rare) |
Yes – you file a full brief in support of the application for leave |
An appeal must be filed at the Supreme Court clerk’s office in Lansing. There is a preference for e-filing, but the court’s procedures still list this as optional. |
MCR chapter 7.300 |
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U.S. Court of Appeals 6th Circuit |
30 days after judgment (60 days if the U.S. Government is a party) |
$600 (effective 12/1/23) |
No – you file a simple notice of appeal and other routine documents |
The appeal is filed in the district court, not at the appeals court |
Federal Rules of Appellate Procedure & local rules |
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U.S. Supreme Court |
90 days after Court of Appeals or state supreme court decision |
$300 |
Yes – although it need not be a full brief, you must identify the issues and present some legal argument in the petition for certiorari |
An appeal must be filed at the U.S. Supreme Court clerk’s office in Washington, D.C. Lawyers are required to file electronically and a paper copy. Nonlawyers cannot file electronically and must file hard copies of papers. |
U.S. Supreme Court rules |
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Appellate court websites: Michigan Supreme Court and Court of Appeals: http://courts.mi.gov/Courts/Pages/default.aspx Sixth Circuit: www.ca6.uscourts.gov U.S. Supreme Court: www.supremecourtus.gov
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JAMES N. McNALLY Attorney at Law Specializing in
Appeals Civil – Criminal – State – Federal – Workers Comp |
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