Michigan

The Michigan Litigation Process - Appeals

This is the sixth and last post in my series on the Michigan litigation process.

Once a case has gone to trial and a judgment has been entered, the losing party has the right to appeal the judgment. In Michigan, there are two levels of appellate courts: the Michigan Court of Appeals and the Michigan Supreme Court.

In civil cases, the first appeal is made to the Michigan Court of Appeals. This is what is known as an appeal "as of right", meaning that the losing party is absolutely entitled to an appeal. However, under the Michigan Court Rules governing appeals, in order to take advantage of this absolute right, an appeal must be taken within 21 days after the court enters the judgment being appealed. Depending on the complexity of the case, an appeal to the Michigan Court of Appeals can take as many as two years or more from start to finish.

If a party cannot convince the Michigan Court of Appeals of the merits of their appeal, they can appeal further to the Michigan Supreme Court. However, this appeal is not an absolute right. Instead, a party who loses their appeal to the Michigan Court of Appeals, must file what's called an "application for leave to appeal" to the Michigan Supreme Court. If the Michigan Supreme Court accepts the case, that party gets another chance to argue its case. But, the chances of getting the Michigan Supreme Court to accept an appeal are slim. Over 2000 applications per year are filed with the Michigan Supreme Court, with the court accepting only a small number of those cases for consideration.

Winning an appeal is tough, even in the best of circumstances. Any litigant who wishes to take a case to before a Michigan appellate court should retain an experienced and knowledgeable Michigan appellate lawyer who can help them make the best case possible.

Full post as published by Michigan Business Lawyer Blog on February 29, 2008 (boomark / email).