How to Appeal Your Case to the Michigan Court of Appeals
Step-by-Step Guide to Appealing a Case
Learn how to appeal a case to the Michigan Court of Appeals
Losing a case in a Michigan trial court doesn’t always mean the legal fight is over. If you believe the court made a legal mistake that affected the outcome of your case, you may have the right to appeal. The Michigan Court of Appeals is the intermediate appellate court that reviews decisions made by circuit courts, probate courts, and certain administrative agencies. But appealing is not a redo of your trial—it’s a complex legal process with strict deadlines and procedural rules.
This article provides an overview of how appeals work in Michigan and what to expect if you decide to challenge a lower court’s decision.
What Is an Appeal?
An appeal is a legal request for a higher court to review a lower court’s decision for errors of law. In Michigan, the Court of Appeals does not re-try your case or hear new evidence. Instead, the court reviews the written record from your trial or hearing to determine whether the judge made a significant legal error that justifies reversing or modifying the outcome.
When Can You Appeal?
You generally have the right to appeal a final judgment or order issued by a Michigan trial court. This includes:
Civil judgments after a bench or jury trial
Criminal convictions (after sentencing)
Child custody, divorce, or property division orders
Probate court decisions
Agency rulings (e.g., unemployment benefits, licensing boards)
Some orders are appealable by right, meaning the Court of Appeals must hear the case. Others require you to file an application for leave to appeal, which the court can deny in its discretion.
When Should I File and Appeal? | Deadlines Mattes
Timing is critical. In most cases, you must file your claim of appeal or application for leave to appeal within 21 days of the lower court’s final order. Missing this deadline can forfeit your right to appeal, with very few exceptions.
Here are common timeframes:
Civil or criminal final orders: 21 days from entry
Agency decisions: Typically 21 days, unless otherwise specified by statute
Post-judgment motions: May extend your deadline, depending on the type of motion (e.g., motion for reconsideration or new trial)
If you're unsure when your appeal deadline expires, consult an attorney immediately.
The Steps in an Appeal to the Michigan Court of Appeals
1. File a Claim of Appeal or Application for Leave to Appeal
If your case involves a final order, you usually file a Claim of Appeal (MCR 7.204).
If appealing a non-final order or discretionary matter, you file an Application for Leave to Appeal (MCR 7.205), which includes a statement of facts, legal arguments, and supporting documents.
2. Order the Transcript
You must order the trial or hearing transcripts that are necessary for the court to review your arguments. Delays here can slow down the appeal.
3. Prepare the Briefs
The appellant’s brief explains the errors made by the trial court and the legal basis for reversing the decision.
The appellee’s brief responds to those arguments, defending the lower court’s ruling.
The appellant may also file a reply brief to address new issues raised in the response.
4. Oral Argument (Optional)
The court may schedule oral arguments, where attorneys present their positions and answer questions from a panel of appellate judges. Not all appeals receive oral argument; many are decided solely on the written briefs.
5. The Decision
The Court of Appeals may:
Affirm the lower court (uphold the decision)
Reverse (overturn the decision)
Remand (send the case back to the lower court with instructions)
Modify the judgment in part
The written opinion is typically issued within several months, though complex appeals can take longer.
What Are the Chances of Winning on Appeal?
The appellate process is designed to correct legal errors—not to second-guess the trial court’s judgment calls or re-weigh evidence. For that reason, successful appeals must show a clear legal mistake that materially affected the outcome of the case. This is a high bar, and most trial court decisions are upheld.
However, a well-founded legal argument, supported by precedent and procedural fairness, can persuade the Court of Appeals to reverse or remand a case.
Should You Hire an Attorney for an Appeal?
Yes. Appeals are procedurally complex and require a different skill set than trial litigation. Appellate attorneys are trained to:
Identify appealable errors
Craft persuasive legal arguments
Navigate court rules and deadlines
Prepare high-quality briefs that meet strict formatting and content requirements
If you’re considering an appeal, it's crucial to consult an attorney promptly—ideally one experienced in Michigan appellate practice.
Conclusion
Appealing to the Michigan Court of Appeals is a serious undertaking, but it can be a powerful tool to correct legal errors and pursue justice. Whether you're challenging a civil judgment, criminal conviction, or family court ruling, understanding the process (and acting quickly) is essential.
Need Help With an Appeal?
We help individuals and businesses navigate Michigan's appellate system with precision and strategy. If you’re considering an appeal, contact us today for a consultation.