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.

 

 

 

COURT

DEADLINE FOR APPEAL

FILING FEE

DETAILED FILING REQUIRED?

WHERE APPEAL MUST BE FILED

BASIC RULES (rules can be found on court websites)

 

 

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

No – you file a simple claim of appeal and other routine documents

An appeal can be filed at any of the Court of Appeals’ 4 offices (Detroit, Troy, Lansing, Grand Rapids) or electronically (optional)

MCR chapter 7.200

 

 

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

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, or electronically (optional)

MCR chapter 7.300

 

 

U.S. Court of Appeals 6th Circuit

30 days after judgment (60 days if the U.S. Government is a party)

$505 (effective 12/1/13)

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

 

 

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.

U.S. Supreme Court rules

 

 

 

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

 

 




 

 

JAMES N. McNALLY

Attorney at Law

Specializing in Appeals

Civil – Criminal – State – Federal – Workers Comp

 

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