Appeals in the Michigan Court of Appeals, the Michigan Supreme Court, and the Sixth Circuit, handled by the attorneys who tried the underlying case.
Appeals at the firm are handled by the attorneys who handled the case in the trial court, with a partner involved in choosing the issues, writing the brief, and preparing for argument. The firm does not keep a separate appellate department. Keeping the same lawyers from trial through appeal means the people writing the brief know the record.
Most of the firm’s appellate work is in the Michigan Court of Appeals, in appeals from circuit court and probate court decisions in family, probate and trust, and commercial matters. An appeal of right from a final judgment generally must be filed within 21 days after the judgment, or after the order deciding a timely post-judgment motion, under MCR 7.204. Other orders can be reviewed only by application for leave to appeal, which the court may deny without reaching the merits.
Review in the Michigan Supreme Court is by application for leave to appeal, and the Court grants a small share of the applications it receives. An application must show why the case matters beyond the parties, such as a significant legal question or a conflict in the law.
The firm handles appeals to the United States Court of Appeals for the Sixth Circuit from the federal district courts in Michigan, and bankruptcy appeals to the district court or the Sixth Circuit Bankruptcy Appellate Panel.
An appeal is decided on the record made in the trial court. Issues that were not raised there are generally not considered on appeal, so the firm builds the trial record with a possible appeal in mind: objections, offers of proof, and motions that put each issue before the trial judge. The firm also takes appeals in cases tried by other counsel, starting with a review of the record and the standard of review that will apply.
In a civil case, an appeal of right to the Michigan Court of Appeals generally must be filed within 21 days after the judgment or order is entered, under MCR 7.204. If a motion for a new trial, rehearing, or reconsideration is filed within that 21-day period, the time runs instead from the order deciding the motion. The deadline is jurisdictional, so if it passes, the usual remaining route is a delayed application for leave to appeal, which the court may grant or deny in its discretion.
An appeal of right, usually from a final judgment, is one the Court of Appeals must hear and decide. Many other orders, including most rulings made while a case is still pending, can be reviewed only if the court first grants an application for leave to appeal. The court may deny an application without deciding the issues it raises, so the application has to show why review is warranted now.
Generally, no. An appellate court decides the case on the record made in the trial court: the pleadings, motions, exhibits, and transcripts. Arguments that were not raised in the trial court are usually treated as not preserved and are reviewed, if at all, under a demanding standard, which is why the trial record matters so much.
The Michigan Supreme Court chooses which cases it hears. After a Court of Appeals decision in a civil case, an application for leave to appeal generally must be filed within 42 days under MCR 7.305. The application must show a ground the rule recognizes, such as a legal principle of major significance to Michigan law, a conflict with other appellate decisions, or a clearly erroneous decision that will cause material injustice, and most applications are denied.
In most federal civil cases, the notice of appeal must be filed with the district clerk within 30 days after the judgment or order is entered, or within 60 days when the United States or a federal agency or officer is a party, under Federal Rule of Appellate Procedure 4(a)(1). A bankruptcy court judgment or order has a much shorter deadline: the notice of appeal generally must be filed within 14 days after entry, under Federal Rule of Bankruptcy Procedure 8002(a). Certain post-judgment motions can change these deadlines, so the date should be checked as soon as the ruling is entered.
These answers are general information about Michigan and federal law, not legal advice about your situation. Contacting the firm does not create an attorney-client relationship.
The firm handles new matters on a consultative basis. Call the office, or send us a message through our contact form.