Michigan Family Law Appeals

What Is the Appeals Process for Michigan Family Law Cases?

To start an appeal in a family law case in Michigan, you must first decide which type of appeal to file: an appeal by right or an appeal by leave. If the law grants you the right to appeal a “final order” from the circuit court, you may file an appeal by right. If you do not have a direct right to appeal under the law, you must file an application for leave to appeal. This requires submitting a brief at the start of the process and asking the Court of Appeals for permission to proceed with your appeal. If the court accepts your claim or application, the next steps involve the following.

Filing the Correct Application or Paperwork

Once you have identified the type of appeal you are eligible for, you need to gather and file the appropriate documents:

• For an Appeal by Right – You must file your completed claim of appeal, a copy of the order you are appealing, the register of actions, order for transcripts from the original hearing, proof of service for other parties, and a docketing statement. You must also submit the appropriate filing fees.
• For an Appeal by Leave – Your initial submission will include an application for leave to appeal formatted as a brief, a copy of the order you are appealing, the register of actions, transcripts, proof of service, and the tribunal record. You must also submit any relevant filing fees.

Receiving a Docket Number

After submitting your appeal documents, the Court of Appeals will assign a docket number to your case. The court will notify you of this number within a few days of your filing.

Awaiting Initial Review by the Court

The court staff will quickly review your submission to ensure all required documents are present and determine whether the Court of Appeals has jurisdiction over your appeal. If documents are missing or there are jurisdictional issues, the court will inform you, and you will have 21 days to address these issues. Failing to do so could lead to the dismissal of your appeal.

Producing Transcripts

Once the court confirms that all documents are in order and it has jurisdiction, the next step involves obtaining the transcript from the lower court proceedings. You are responsible for ordering the transcript and ensuring the court reporter files the necessary forms with the Court of Appeals.

Briefing

In this critical phase, both you (the appellant) and the opposing party (the appellee) present your arguments in writing through briefs. After you file your brief, the appellee may also submit a response, to which you can reply.

Participating in Oral Arguments and Awaiting the Court’s Decision

After the briefing, the court may schedule your case for oral argument before a panel of three judges. This is your opportunity to discuss the points you raised in your brief directly with the judges. Following the oral argument, the court will issue a decision in the form of a written opinion.

What Are the Appeal Deadlines in Michigan Family Cases?

For most civil cases, including family law matters, you must file a claim of appeal within 21 days of the court’s final order. Similarly, if you need to file an application for leave to appeal, you must do so within 21 days from the date of the order you are challenging unless you file a delayed application for leave to appeal.

If you have filed a motion for reconsideration or other relief in the trial court during this 21-day period, the countdown for your appeal filing will pause. Once the trial court issues its decision, a new 21-day period will start for you to file your claim of appeal or application.

If you miss the 21-day deadline, you might still have a chance to appeal using the “late appeal” process. For a late appeal, you generally have up to six months from the order you are appealing or from an order denying a timely motion for reconsideration. However, if your appeal involves an order terminating parental rights, you have a shorter window of 63 days for a late appeal.

Deadlines are crucial in Michigan family law appeal cases. If you miss these deadlines, the Court of Appeals may not have the authority to review your case, and it could dismiss your appeal.

How Long Could the Appeal Process Take in Michigan?

The duration of the appeal process in Michigan varies widely, but it generally spans several months to over a year.

Factors such as the complexity of your case and the court’s workload significantly influence how long it will take. Typically, simpler appeals resolve faster, while more complicated cases with extensive legal arguments might extend beyond the average timeframe. Custody matters have priority over non-custody matters.

A lawyer can expedite your appeal process by completing and submitting all filings on time, anticipating potential delays, and addressing them promptly.