Michigan Form MC 55, the Claim of Appeal, is what you file with the circuit court clerk to appeal a final judgment or order from a district court, probate court, municipal court, or an administrative agency. You have 21 days from the date the order was entered to file it, pay the $150 fee (or request a waiver), and serve a copy on every other party in the case. Miss the 21 days and the circuit court loses the power to hear your appeal, so this deadline governs everything else. You can download the fillable PDF from the Michigan Courts website.1Michigan Courts. MC 55 Claim of Appeal
Is MC 55 the Right Form for Your Appeal?
MC 55 is only for an appeal of right. Under MCR 7.103(A), you have an appeal of right from a final judgment or final order of a district or municipal court (except judgments based on a guilty or no-contest plea), from a final decision of an agency governed by the Administrative Procedures Act, and from a final agency decision where a statute specifically grants the right to appeal to circuit court.2Michigan Courts. Chapter 2 Circuit Court Appeals If your situation fits one of those categories and you file on time, the circuit court must hear your case.
Everything else requires an application for leave to appeal under MCR 7.103(B), and you use Form CC 298 instead. That includes situations where no appeal of right exists, where you missed the 21-day window, interlocutory agency orders, late agency appeals authorized by statute, and Parole Board decisions to grant parole. A leave application is more involved: it must include the date and nature of the decision, the errors you’ve identified, a concise argument on each issue, a copy of the lower court’s decision, and proof of service on all parties.3Michigan Courts. CC 298 Application for Leave to Appeal Leave is not guaranteed; the circuit court decides whether to hear it. In criminal cases, you have up to six months after entry of the judgment order to file a leave application.
The 21-Day Deadline
The clock starts the day the judgment, order, or decision is entered — not the day you receive it or learn about it.4Court Rules Network. Rule 7.104 Filing Appeal of Right The deadline is jurisdictional. No judge can extend it, and no good-cause showing will save a late filing.
One mechanism pauses the clock. If you file a timely post-judgment motion in the trial court (a motion for new trial, rehearing, or reconsideration) within the original 21 days, the appeal period restarts as a new 21-day window when the court enters the order denying that motion.4Court Rules Network. Rule 7.104 Filing Appeal of Right The motion itself has to land inside the original 21 days (or inside any extension the trial court granted during that period). A motion filed on day 22 does nothing.
Criminal defendants have a parallel rule. If you request appointment of appellate counsel within 21 days after the judgment of sentence, your appeal deadline becomes 21 days after the court enters an order appointing or denying counsel, or denying a timely post-judgment motion.4Court Rules Network. Rule 7.104 Filing Appeal of Right
Completing Form MC 55
Pull three things from the trial court file before you start: the trial court case number, the name and bar number of the judge or magistrate who issued the decision, and the exact date the final judgment or order was entered. Everything you enter on MC 55 needs to match the trial court’s records. A wrong date or misspelled name gives the clerk grounds to reject the filing.
The Caption
At the top, fill in the circuit court name and county where you’re filing. Leave the case number blank if the clerk hasn’t assigned one yet. Then enter the plaintiff’s or petitioner’s name and address and the defendant’s or respondent’s name and address as they appeared in the original case. Check the boxes to designate which party is the Appellant (you, if you’re the one appealing) and which is the Appellee.1Michigan Courts. MC 55 Claim of Appeal
Section 1: The Decision You’re Appealing
Fill in the name of the party claiming the appeal, the date of the final judgment or order, the court name and number, and the type of judge who issued it (district judge, circuit judge, probate judge, or district court magistrate) along with the judge’s name and bar number.1Michigan Courts. MC 55 Claim of Appeal
Section 4: Case Category Boxes
Section 4 asks you to check boxes if your case falls into one of several categories. These are not generic case-type labels. They flag situations that trigger specific procedural requirements, so check every box that applies:
- Custody of a minor child
- Guardianship (adult or minor guardianship under the Estates and Protected Individuals Code or the Mental Health Code)
- Involuntary mental health treatment under the Mental Health Code
- A ruling that a provision of the Michigan Constitution, a statute, or an administrative rule is invalid
- An adoption order under Chapter X of the Probate Code
- A Freedom of Information Act issue
Leaving a relevant box unchecked can delay the court’s handling of your appeal, because the judge won’t know which standards of review or procedural rules apply.1Michigan Courts. MC 55 Claim of Appeal
Signature and Attorney Information
At the bottom of page one, enter attorney name, bar number, address, and phone number for both sides. If you’re representing yourself, put your own contact details in the appellant’s space. Sign and date. Make copies for the circuit court, the trial court, and each appellee, and keep one for yourself.
Filing Fee and Fee Waiver
The filing fee is $150 under MCL 600.2529(1)(b), civil or criminal.5Michigan Courts. Circuit Court Fee and Assessments Table Appeals from the Michigan Employment Security Board of Review are an exception and carry no filing fee.
If you can’t afford $150, file Form MC 20 (Fee Waiver Request) along with your claim of appeal. The court must waive the fee if your gross household income is below 125 percent of the federal poverty guidelines, and may waive it above that threshold if paying would create a financial hardship. If the court denies your request, you have 14 days to either pay the fee or request a review on Form MC 114. Requesting review preserves your original filing date.6Michigan Courts. MC 20 Fee Waiver Request
Filing and Serving the Appeal
Most Michigan circuit courts use the MiFILE electronic filing system. Documents must be in searchable (OCR) PDF format and capable of being printed. Convert documents to PDF directly from the program you used to create them; don’t print and scan. Scanned documents are only permitted for papers you didn’t create electronically or that require a handwritten signature. Each file is capped at 25 MB, and all metadata must be stripped before upload.7Michigan Courts. Preparing Electronic Documents for Filing
Filing isn’t finished when the clerk accepts your form. You also have to serve a copy of the claim of appeal on every other party. Page 2 of MC 55 contains a built-in Proof of Service section where you certify delivery.1Michigan Courts. MC 55 Claim of Appeal The form’s distribution list calls for copies to the circuit court, the trial court, and each appellee. Skipping the proof of service can get your appeal administratively closed.
What Happens After You File
Filing MC 55 triggers a sequence of deadlines.
Order the Transcript
The circuit court decides your appeal on the original record from the lower court, and that record has to include a written transcript.2Michigan Courts. Chapter 2 Circuit Court Appeals After you order it, file a Reporter/Recorder Certificate (Form MC 501) within seven days to notify the court that the transcript is on the way.8Michigan Courts. Reporter/Recorder Certificate of Ordering Transcript on Appeal Transcripts are billed per page and can run into real money for multi-day hearings. If you don’t need the full transcript, you can file a motion within the appeal-filing period asking the trial court to limit it to specific portions, but the appellee can then add back the parts you left out.
Record Transfer
Once the transcript is filed with the trial court, you have 14 days to serve a copy of the entire record on appeal on each appellee.2Michigan Courts. Chapter 2 Circuit Court Appeals The trial court clerk then sends the complete record to the circuit court with a certificate confirming fees are paid and any bond is filed. The circuit court sends written notice to all parties confirming it has the record.
Briefs
Briefing deadlines run from that notice. You have 28 days after the circuit court’s notice to file your appellant’s brief laying out the errors and the relief you want. The appellee has 21 days after being served with your brief to file a response.2Michigan Courts. Chapter 2 Circuit Court Appeals The circuit court may schedule oral argument or decide on the papers.
Mistakes That Get Appeals Dismissed
Most appeals that fail don’t fail on the merits. They fail on paperwork and deadlines.
- Missing the 21-day deadline. It’s jurisdictional. Calendar from the date the order was entered, not the date you got it.
- Using MC 55 when your situation actually requires an application for leave to appeal on CC 298, or vice versa.
- Names, dates, or case numbers on MC 55 that don’t match the trial court’s records.
- Filing with the court but forgetting to serve the other parties and complete the proof of service on page 2.
- Delaying the transcript order or missing the seven-day deadline for filing Form MC 501. The appeal can’t move until the record arrives.
If the 21 days are already gone, your remaining option is an application for leave to appeal under MCR 7.103(B). The circuit court is not required to grant leave, and you’ll need to make a persuasive case for why your appeal should be heard despite the late filing. In criminal cases you have up to six months after entry of the judgment order to apply, but the further past the original deadline you are, the steeper the climb.