How to File a Claim of Appeal in Michigan: Deadlines and Transcript

To file a claim of appeal in Michigan, you submit the claim to the Court of Appeals within 21 days of a civil judgment or 42 days of a criminal judgment of sentence, attach the order you are challenging, serve every other party, and pay the $25 statutory entry fee under MCL 600.2529.¹ Those deadlines are jurisdictional. Miss one by a day and the court has no power to hear your case.

Confirm You Can File

Only an “aggrieved party” can appeal, meaning the ruling has to have directly harmed your legal rights or interests. Disagreeing with a decision that did not actually affect you is not enough.

One exclusion catches people every year. If you pleaded guilty or nolo contendere in a criminal case, MCR 7.203(A)(1) strips your automatic right to appeal that conviction to the Court of Appeals.² You have to seek leave to appeal instead, which is a different filing with a lower success rate.

Appeal of Right or Application for Leave

Which document you file depends on the kind of order you are challenging.

An appeal of right means the Court of Appeals must take the case. Under MCR 7.203(A), you get this when appealing a final judgment or final order from the circuit court or the Court of Claims, subject to exceptions.² Some probate orders qualify, and other courts or tribunals grant a right of appeal by specific statute or rule.³ The order has to be “final,” resolving all claims and leaving nothing for the trial court to decide. You cannot take an appeal of right from a circuit court decision that was itself an appeal from a lower court or tribunal, and guilty-plea convictions are out.

An application for leave to appeal is what you file when no appeal of right exists: interlocutory orders (decisions made before the case is fully resolved), guilty-plea convictions, and anything else outside MCR 7.203(A). The application, governed by MCR 7.205, has to include a concise argument identifying the errors, the relief you want, and copies of the challenged order and the trial court’s register of actions. For an interlocutory order, you also have to explain why waiting for final judgment would cause substantial harm. The Court of Appeals decides applications on the papers alone, so the writing carries the entire case.²

Filing Deadlines

Every deadline below is jurisdictional. There are no routine extensions.

Civil Appeal of Right

Twenty-one days after entry of the judgment or order. “Entry” is the date the judge signed the order or the date it was entered into the register of actions.²

Criminal Appeal of Right

Forty-two days after entry of the judgment of sentence.² If the defendant files a post-judgment motion or requests appointment of appellate counsel within that initial period, the clock may restart from the date the court rules on the motion or counsel request.

Application for Leave to Appeal

Twenty-one days after entry of the order. A motion for reconsideration filed in the trial court inside that 21-day window gives you a fresh 21 days from the date the court decides that motion.² Miss the regular deadline and you can still file a delayed application, but only within six months of the original judgment or order. Late applications draw obvious skepticism, so treat this as a safety net rather than a plan.

Cross-Appeal

If the other side appeals and you want to challenge a different part of the same decision, you have 21 days after the initial claim of appeal is filed or served on you, whichever is later.² Cross-appeals require the same entry fee and documentation, including proof of service on all parties.

What Goes in the Claim of Appeal

The filing package has three parts. First, the judgment or order you are challenging. Second, proof that you served copies on every other party in the case; skip this and the court can dismiss for procedural noncompliance. Third, the $25 statutory entry fee under MCL 600.2529.¹ Additional administrative fees may apply, so check the Court of Appeals fee schedule before you file.

The Court of Appeals uses the MiFILE electronic filing system. Attorneys must e-file. Self-represented litigants should confirm whether e-filing is mandatory or optional for the court they are dealing with, because requirements vary.⁴

Order the Transcript Right Away

The appellate court reviews a written record, not live testimony. A missing or incomplete record generally cuts against the appellant, so ordering transcripts is part of filing the appeal, not a later chore.

Within seven days of ordering the transcript, either you or the court reporter has to file a certificate on Form MC 501 confirming the order and payment arrangements, with an estimated completion date and page count.⁵ Per-page rates generally run $2.50 to $5.00, and a multi-day trial can produce hundreds of pages, so plan for the cost early.

If you neglect to order transcripts or otherwise fail to build the record, the Court of Appeals clerk sends a deficiency notice. You have 21 days to fix the problem. If you don’t, a judge can dismiss the appeal for want of prosecution.²

Stopping Enforcement While the Appeal Runs

Filing an appeal does not stop the winning side from collecting on a money judgment. To pause enforcement, you generally have to post a bond.

For appeals to the circuit court, a bond of at least 1.25 times the judgment (including costs, interest, and attorney fees) triggers an automatic stay. Once the bond is filed, you submit a proposed stay order and serve proof of the bond on all parties. If no one objects, the trial court enters the stay.²

For appeals to the Court of Appeals, you have to ask the trial court for a stay first. Only after the trial court rules can you take the issue to the appellate court.² Skipping that trial court step and going straight to the Court of Appeals is a common mistake.

Michigan caps supersedeas bonds at $25 million regardless of the judgment size, adjusted every five years using the Detroit consumer price index.⁶ The court can lift the cap if the judgment creditor proves the appellant is hiding or dissipating assets to avoid paying.

After You File

Filing the claim of appeal opens the case; it does not brief it. The appellant’s brief is due 56 days from whichever of these happens last: the filing of the claim of appeal, the certification of an order granting leave, the filing of the transcript with the trial court, or the filing of a settled statement of facts.² Because transcripts often take months, that clock usually starts from the transcript filing date.

The appellee then has 35 days after service to respond in most cases. Shorter 21-day response deadlines apply in interlocutory criminal appeals, guardianship cases, involuntary mental health treatment cases, and child custody disputes.² Either side can seek a 28-day extension by stipulation or motion.

Oral argument is not automatic. To preserve it, print “ORAL ARGUMENT REQUESTED” in capital letters or boldface on the title page of your brief. Failing to include that language waives the right entirely.² Even when requested, the three-judge panel can decide to skip argument if it unanimously concludes the briefs and record are sufficient, the issues have been recently decided by controlling authority, or the appeal lacks merit.

1
Michigan Legislature. MCL Section 600.2529 – Revised Judicature Act of 1961
2
Michigan Courts. Michigan Court Rules Chapter 7 Appellate Rules
3
Michigan Courts. Jurisdictional Checklist
4
Michigan Courts. For Filers in Trial Courts
5
Michigan Courts. Reporter/Recorder Certificate of Ordering Transcript on Appeal Form MC 501
6
Michigan Legislature. Michigan Compiled Laws 600.2607 – Stay Pending Appeal of Judgment; Amount of Bond; Limitation; Rescission of Limitation