District court, agency or probate decision? The appeal goes somewhere other than the Court of Appeals
I am Mitchell Bisson, a Grand Rapids appeals lawyer. I have litigated for over 15 years. This page covers appeals that do not follow the usual path from circuit court to the Court of Appeals: district court judgments, small claims, state agency decisions, the Tax Tribunal and probate court orders. I work with either side of an appeal, and in criminal appeals on the defense side. I do not promise outcomes.
The short answer. An appeal from the district court goes to the circuit court in the county where the judgment was rendered. MCL 600.8342(1). A final order of an agency under the Administrative Procedures Act is reviewed by the circuit court on a claim filed within 60 days of the mailing of notice of the final decision. MCR 7.119(B)(1). A final probate order that falls on the list in MCR 5.801(A) goes to the Court of Appeals as of right. MCR 5.801(A). The place and the deadline change from case to case, and missing either can end the appeal. Nothing here predicts how your appeal will end.
The Court of Appeals is not the first stop for many Michigan cases. A traffic or misdemeanor case from district court, a landlord-tenant judgment, a denial of unemployment benefits, a property tax ruling and an order in a probate estate all start somewhere else. Each has its own court, its own deadline and its own record. I begin by identifying which one applies.
Where each appeal goes at a glance
| Where the case was decided | Where the appeal goes | Deadline and key point | Authority |
|---|---|---|---|
| District court, final civil judgment | Circuit court, as of right | 21 days after entry, or the time a statute allows. Claim of appeal and fee must be filed in that time | MCL 600.8342(1), (2); MCR 7.104(A), (B) |
| District court, judgment based on a plea of guilty or no contest | Circuit court, by application for leave | Application due within 21 days of the judgment, or the time a statute allows | MCL 600.8342(4); MCR 7.105(A) |
| District court, misdemeanor or ordinance violation case | Circuit court in the county where it was committed | Right of appeal, except that a plea-based judgment is by application | MCL 770.3(1)(b), (d) |
| Possession judgment in a summary proceeding | Circuit court | Appeal of right within 10 days of entry. Filing the claim of appeal does not by itself stop an eviction | MCR 4.201(O)(2) |
| Small claims division | Generally none | A party is treated as having waived appeal, except that a magistrate’s decision may be appealed de novo to the district court within 7 days | MCL 600.8412; MCL 600.8427 |
| Circuit court, on appeal from district court | Court of Appeals, by application for leave | Appeals to the Court of Appeals from circuit court judgments on district court appeals are by application | MCL 600.8342(3) |
| State agency governed by the Administrative Procedures Act | Circuit court | 60 days after mailing of notice of the final decision, or of the decision on a timely rehearing request | MCR 7.119(B)(1); MCL 24.304(1) |
| Other agency, no specific rule | Circuit court | Time governed by MCR 7.104(A), unless a statute sets another time | MCR 7.123(B)(1) |
| Tax Tribunal | Court of Appeals, as of right | In accordance with the court rules, after entry of the final order or the denial of a timely rehearing motion | MCL 205.753(1), (2) |
| Probate court, final order on the MCR 5.801(A) list | Court of Appeals, as of right | Generally 21 days under MCR 7.204(A)(1). Other probate orders are by leave | MCR 5.801(A), (B) |
Appeals from the district court to the circuit court
The circuit court has jurisdiction of an appeal of right by an aggrieved party from a final judgment or final order of a district court, except a judgment based on a plea of guilty or no contest. MCR 7.103(A)(1). To vest the circuit court with jurisdiction, the appellant must file with the circuit court clerk, within the time for taking the appeal, the claim of appeal and the circuit court’s appeal fee, unless the appellant is indigent. MCR 7.104(B). The 21 days run from entry of the judgment or order, or from the order denying a timely motion for new trial, rehearing, reconsideration or other relief. MCR 7.104(A)(1), (2). The time limit for an appeal of right is jurisdictional. MCR 7.104(A).
The circuit court hears the appeal on the original record. MCR 7.109(A). The appeal must be heard by a judge other than the judge who conducted the trial. MCR 7.103(C). Briefs follow a short schedule: the appellant’s brief is due 28 days after the circuit court gives written notice that the record is filed, the appellee’s brief 21 days after service of the appellant’s brief, and a reply 14 days after service of the appellee’s brief. MCR 7.111(A). A party who does not file a brief in time forfeits oral argument, and an appellant who files no brief may have the appeal treated as abandoned and dismissed on 14 days’ notice. MCR 7.111(A)(1)(b), (6).
Where there is no appeal of right, the circuit court may grant leave to appeal from a judgment or order of a trial court when no appeal of right exists, or when an appeal of right could have been taken but was not timely filed. MCR 7.103(B)(1). The application must be filed with the circuit court clerk within 21 days, or the time a statute allows. MCR 7.105(A). A plea-based district court judgment is reviewed only on leave. MCL 600.8342(4).
Eviction cases move faster. An appeal of right from a possession judgment must be filed within 10 days after entry of the judgment, and the claim of appeal stops an eviction only when it is filed with a bond or an escrow order, unless the trial court orders a stay. MCR 4.201(O)(2); MCR 4.201(O)(3). A tenant who waits 21 days has missed the appeal of right and can only ask for a late appeal, which the court may refuse. MCR 7.105(G).
Criminal cases from district court have the same route. In a misdemeanor or ordinance violation case tried in district court, there is a right of appeal to the circuit court in the county where it was committed, but an appeal from a judgment based on a plea is by application for leave. MCL 770.3(1)(b), (d).
Small claims is different
Parties in the small claims division are treated as having waived the right to counsel, a jury and any right of appeal, unless a party removes the case to the general civil division before trial. If a district court magistrate heard the case, either party may appeal de novo as of right to the small claims division of the district court. MCL 600.8412. That appeal must be taken within 7 days after entry of the magistrate’s decision, and further appeal from the district court judge’s judgment is not available to either party. MCL 600.8427. Seven days is short, and a small claims defendant who is thinking about whether to hire a lawyer has to decide quickly. The step that comes first is to look at who heard the case.
A second appeal after the circuit court decides
When the circuit court decides an appeal from the district court, a party who wants further review goes to the Court of Appeals by application for leave, not by right. MCL 600.8342(3); MCL 600.308(2). The Court of Appeals chooses whether to take the case, so the application has to explain why the issue merits review, not only why the lower court was wrong. I treat the first appeal as a chance to build a record that can support the application.
Appeals from state agency decisions
For an agency covered by the Administrative Procedures Act, judicial review of a final decision or order is by claim of appeal in the circuit court within 60 days after the date of mailing of the notice of the agency’s final decision. If a rehearing before the agency is timely requested, the 60 days run from delivery or mailing of the notice of the decision on rehearing. MCR 7.119(B)(1); MCL 24.304(1). Venue is the circuit court for the county where the petitioner resides or has a principal place of business in Michigan, or the Ingham County circuit court. MCL 24.303(1). The party appealing must serve the Attorney General in addition to the other parties. MCR 7.119(B)(2)(f).
Filing does not stop the agency. The filing of an appeal does not stay enforcement of the agency’s decision, and a party may move for a stay in the circuit court. The court may order a stay on appropriate terms if it finds that the moving party will suffer irreparable injury without it, has made a strong showing that it is likely to prevail on the merits, that the public interest will not be harmed, and that the harm to the moving party without a stay outweighs the harm to the other parties. MCR 7.119(E)(1), (3). A temporary stay without written notice is possible only on a showing of immediate and irreparable injury and certified efforts to contact the other parties and the agency. MCR 7.119(E)(5). If an agency decision cuts off a license or benefit, the stay motion is often the first thing I prepare.
A preliminary, procedural or intermediate agency ruling is not immediately reviewable, except that the court may grant an interlocutory appeal on a showing that review of the final decision would not be an adequate remedy, with the application due within 14 days. MCR 7.119(C). A late appeal is available only if a statute permits it, generally within six months after entry of the agency decision. MCR 7.119(D). A motion to present proofs of an irregularity in the agency procedure, or to take additional evidence, is timely only if it is filed with the claim of appeal. MCR 7.119(G). That last rule is easy to miss.
Review is on the record, without a jury. MCL 24.304(3). Unless a statute or the constitution provides a different scope of review, the court must set the decision aside if substantial rights were prejudiced because it violates the constitution or a statute, exceeds the agency’s authority, is based on unlawful procedure causing material prejudice, is not supported by competent, material and substantial evidence on the whole record, is arbitrary, capricious or clearly an abuse or unwarranted exercise of discretion, or is affected by another substantial and material error of law. MCL 24.306(1). The circuit court may affirm, reverse, remand or modify, and if it finds a lack of support it must specifically identify the findings. MCR 7.119(H). Because the record is closed, the work that matters most is done at the agency hearing.
Agencies not covered by the APA or by another rule are reviewed under MCR 7.123, where the time is governed by MCR 7.104(A) and the stay test is the same four factors. MCR 7.123(B)(1); MCR 7.123(E). Civil Service Commission decisions follow MCR 7.119, and the commission must be named as a party and served in Lansing if its decision, rule or regulation is challenged. MCR 7.117. The statute that creates the agency, or its rules, may change the deadline, and I read those first.
Tax Tribunal appeals
An appeal from the Michigan Tax Tribunal is by right to the Court of Appeals, in accordance with the court rules, and may be taken after entry of the final order or after denial of a timely rehearing motion. MCL 205.753(1), (2). The appeal is heard on the tribunal’s record. MCR 7.210(A). The statute defers to the court rules on timing, so I confirm the date the clock began from the order itself.
Probate court orders
A party or interested person aggrieved by a final probate order may appeal as of right to the Court of Appeals, but only for the orders MCR 5.801(A) lists. They include a final order affecting the rights of a party to a civil action begun in the probate court, and orders in estate, conservatorship and trust proceedings that appoint or remove a fiduciary, admit or deny a will, interpret a governing instrument, allow or disallow a claim, determine heirs or beneficiaries, or determine title to property, among others. Other probate orders are by leave. MCR 5.801(A), (B). The 21-day period in MCR 7.204(A)(1) generally applies. MCR 7.204(A)(1).
Stays work differently in probate. A few orders, including an order removing or appointing a fiduciary, are not stayed pending appeal unless the court orders a stay on motion for good cause. MCR 5.802(C). For an appeal of right from a probate order, the statute stays further proceedings under the order for 21 days after the appeal is filed in the Court of Appeals and notice is filed with the probate court, or until the appeal is determined if a stay motion is granted, except as the statute or a court rule provides otherwise. MCL 600.867(1). An appeal from an order entered under the Mental Health Code or the guardianship and protective provisions of the estates and protected individuals code does not stay the order unless the court specifically orders a stay. MCL 600.867(2). I look at both rules on the first day, because an order that is not stayed can affect estate property while the appeal is pending.
How I handle an appeal that is not a standard circuit court appeal
- Identify the forum. I read the judgment or decision and the governing statute to see where the appeal goes and whether it is of right or by leave.
- Count the days. The deadline may be 7, 10, 14, 21 or 60 days, or six months for a late appeal where a statute allows one.
- File correctly. The claim of appeal, the fee and any required contents have to be in the right court in the right form.
- Protect your position. I look at whether the decision can be enforced during the appeal and prepare a stay motion if it can.
- Work the record. Circuit court review is usually on the original record, so I look for what is missing and for any motion that must be filed with the claim of appeal.
- Plan the next step. If the circuit court rules against you, the Court of Appeals is by application for leave, so the first appeal is written with that in mind.
- Tell you what an appeal is worth. If the stakes, the standard of review and the record do not support an appeal, I say so.
What I need from you
Bring the judgment, order or decision and the notice you received with it, and tell me the date you got it. Bring the transcript or hearing recording if there was one, and anything the agency or court sent about appeal rights. For an agency case, bring the agency’s file number, its hearing decision and any rehearing request. For a probate case, bring the petition, the order and the names of the other interested persons. Do not wait for another notice before checking the deadline.
Where these appeals are heard around Kent County
I handle appeals for clients in Grand Rapids, Kentwood, Grandville, Wyoming and across Kent County. The Kent County district courts are set by statute: the 61st district serves the city of Grand Rapids, the 59th serves Grandville and Walker, the 62A district serves Wyoming, the 62B district serves Kentwood, and the 63rd serves the rest of the county. MCL 600.8128a; MCL 600.8130. A district court appeal goes to the circuit court for Kent County, the seventeenth judicial circuit. MCL 600.518. The agency or probate matter determines the rest, and I confirm the court at the consultation.
Why people hire me for a district court, agency or probate appeal
You work directly with me, the lawyer handling your appeal. I give you the strengths and weaknesses straight, including when the deadline has passed and what, if anything, can still be done. I read the decision and the rules first, and then we decide together how to proceed.
Fees depend on the matter, its complexity and the work required. I explain my fee arrangement at the consultation, before you decide whether to hire me.
Questions I hear from people appealing outside the usual circuit court path
How do I appeal a Michigan district court judgment to circuit court?
Appeals from the district court go to the circuit court in the county where the judgment was entered under MCL 600.8342(1). A final judgment is appealable of right, except one based on a guilty or no contest plea, under MCR 7.103(A)(1). The claim of appeal and fee are due within 21 days of entry under MCR 7.104(A) and (B), or within the time a statute or court rule allows. An appeal of right from a possession judgment in a summary proceeding is due within 10 days of entry (MCR 4.201(O)(2)).
Can I appeal to the Michigan Court of Appeals after losing in circuit court on a district court appeal?
Only by application for leave to appeal. MCL 600.8342(3) says appeals to the Court of Appeals from circuit court judgments entered on appeals from the district court are by application, and MCL 600.308(2)(a)(i) says the same. In a criminal case, MCL 770.3(4) likewise limits further review of a circuit court appeal to an application for leave granted by the Court of Appeals.
Can I appeal a small claims judgment in Michigan?
Generally no. Under MCL 600.8412, parties in the small claims division are treated as having waived any right of appeal, with one exception. If a district court magistrate heard the case, either party may appeal de novo as of right to the small claims division of the district court, and the appeal must be taken within 7 days after entry of the magistrate’s decision. MCL 600.8427 also says that further appeal from the district court judge’s judgment is not available to either party.
How do I appeal a decision of a Michigan state agency?
Under the Administrative Procedures Act, after you exhaust administrative remedies you may seek judicial review of a final decision or order in a contested case. MCL 24.304(1) requires the petition within 60 days after the date of mailing notice of the final decision, or, if a rehearing is timely requested, within 60 days after delivery or mailing of notice of the decision on rehearing. Filing does not automatically stay the agency action. Other statutes may set different periods.
Can I appeal a Michigan Tax Tribunal decision?
Yes. MCL 205.753(1) provides that an appeal from the Tax Tribunal’s decision is by right to the Court of Appeals, in accordance with the Michigan court rules. The appeal may be taken after entry of the final order or after denial of a timely motion for rehearing. An order or ruling before the tribunal’s final decision is not reviewable unless the Court of Appeals grants leave.
How do I appeal a Michigan probate court order?
You appeal by filing a claim of appeal in the Court of Appeals when the order is appealable of right, and MCR 5.801(A) lists those probate orders, including orders appointing or removing a fiduciary, admitting or denying a will, interpreting a governing instrument, allowing or disallowing a claim, and determining heirs. Other probate orders are appealable by leave under MCR 5.801(B). The 21-day period in MCR 7.204(A)(1) generally applies unless a law or rule provides another time.
Related Michigan pages
- Michigan appeals lawyer
- Civil appeals
- Appeal stays, bonds and costs
- Motions for reconsideration and relief from judgment
- Misdemeanor defense
I handle appeals from district court, agencies and probate court in Michigan for either side of a decision. Contact me 24/7 by phone or email. Your Rights, My Fight! Call for a free initial consultation.
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Law Offices of Mitchell S. Bisson, 2828 Kraft Ave SE, Suite 295, Grand Rapids, MI 49512, serving Kent County and West Michigan.
This page provides general information about Michigan law and is not legal advice. Reading it does not create an attorney-client relationship. Laws change and every case turns on its own facts. Consult a licensed attorney about your specific situation.