Appeals to the Circuit Court
Methods of Appeal
There are two methods of appeal:
- Claim of Appeal – MCR 7.103 (A) appeal final decisions of: District Court, local and state agencies, and some probate decisions.
- Application for Leave to Appeal – MCR 7.103(B) appeals where no right of appeal exists, appeals not timely filed, appeals of a decision of the Michigan Parole Board, interlocutory appeal; appeal of a provisional order or agency decision.
Circuit Court Appeal Court Rules: Chapter 7 MCR 7.100 through 7.123
Self-Represented Litigants
There are many different types of appeals and different rules that apply to each type of appeal. If representing yourself, it is your responsibility to follow the court rules that apply to your appeal. If your appeal fails to be in compliance with the court rules, your appeal could be dismissed.
We are prohibited by law from providing legal advice. Staff does not have any responsibility for the content of your appeal, but we are available to provide you with procedural direction and forms. Thank you for your cooperation and understanding.
Forms
Appeal forms can be found on the SCAO website or at our Office. If obtaining forms from our Office, please know which form you need before you visit.
Transcripts
Transcript requests should be sent to the Trial Court or agency.
Required Documents
Appeal of Right: MCR 7.104 (D)
Documents that must be filed in the Circuit Court together with the claim of appeal and appeal fee:
- Copy of decision appealed
- Copy of certificate of court reporter or recorder or statement that transcript was order or statement that there is nothing to be transcribed
- In agency appeal, copy of written request or order for certified copy of record to be sent to Circuit Court
- If appellant filed bond, true copy of bond
- Proof that money, property, or documents have been delivered or deposited as required by law
- Copy of register of actions, if any
- Proof that appeal fee of lower court or agency was tendered
- Anything else required by law to be filed
- Proof of service of all of these things on all parties, lower court or agency, and anyone else entitled to notice
Application for Leave to Appeal: MCR 7.1 05(B)
The signed application must be accompanied by:
- Copy of judgment, order, or decision appealed and the opinion or findings of the Trial Court or agency
- In Trial Court appeal, copy of register of actions
- In agency appeal, copy of written request or order for certified copy of record to be sent to Circuit Court
- Unless waived by stipulation or order, required transcripts, if available; see MCR 7.105(B)(5)(a)-(g)
- If required transcripts are not yet available, court reporter’s certificate or a statement that transcript has been ordered
- Proof of service of application on all parties and proof that notice of filing was filed with Trial Court or agency
- Circuit Court’s appeal fee, unless indigent appellant
