Services for Clients
Appeal by Right
An Appeal by Right is an appeal made to a higher court that does not require permission from the court before it can be filed. It must be filed within:
21 days after the entry of the order or judgment appealed from; or
21 days after the entry of an order denying a motion for new trial or judgment notwithstanding the verdict, a motion for rehearing or reconsideration, or a motion for other post judgment relief, if the motion was filed within the original 21 day period.
Application for Leave to Appeal
An Application for Leave to Appeal requires permission from the higher court before an appeal will be considered. It is filed:
When a final order has not been entered yet;
When an appeal of right is not available; or
The time for taking an appeal of right has passed.
Mich Supreme Court Appeal
After receiving an order from the Michigan Court of Appeals, an Application for Leave to Appeal can be filed with the Michigan Supreme Court. If a litigant intends to file a Supreme Court appeal, they have only 42 days after the Court of Appeals’ decision has been issued.
Federal Circuit Court Appeal
When a litigant has a case in the federal trial courts, such as the Eastern or Western District of Michigan, they can appeal an unfavorable decision to an appellate court. In Michigan, that court is the Sixth Circuit Court of Appeals. The appeal can be pursued by right from a final judgment. There are limited opportunities to appeal a pre-judgment or post-judgment order.
US Supreme Court Appeal
A litigant who loses in the highest court in the state (like the Michigan Supreme Court) or in the federal court of appeals (like the 6th Circuit) may file a “petition for a writ of certiorari” in the United States Supreme Court. This petition is a document asking the U.S. Supreme Court to review the case. If the appeal comes from the state supreme court, then it must involve a constitutional issue or a federal statute.
The Supreme Court, however, does not have to grant review. The Court typically will agree to hear a case only when it involves an unusually important legal principle, or when two or more federal appellate courts have interpreted a law differently.
The Five W’s of Appeals
