Appeals in Michigan

An appeal of right means the Court of Appeals has jurisdiction once an aggrieved party files on time. Leave to appeal means you apply and the court decides whether to hear the case. In civil cases, a final judgment or final order of the circuit court is appealable of right. Non-final orders, circuit court decisions on appeals from lower courts, and plea-based criminal convictions go by application for leave.

Authority: MCR 7.203(A), (B); MCL 600.308(1), (2); MCR 7.205(E)(1), (E)(3). Reviewed Oct. 2026.

Usually only by leave. An order that does not end the case is interlocutory, so you file an application for leave to appeal under MCR 7.203(B)(1) and MCR 7.205. If the order is interlocutory, the application must set out facts showing how you would suffer substantial harm by waiting for a final judgment. The Court of Appeals decides whether to grant leave.

Authority: MCR 7.205(A)(1), (B)(1), (C), (E); MCR 7.203(B)(1); MCR 7.209(A)(1); MCR 7.208(F). Reviewed Oct. 2026.

Under MCR 2.119(F)(1), a motion for rehearing or reconsideration of a decision on a motion must be served and filed within 21 days after entry of the order deciding the motion. A motion that only repeats issues the court already decided will generally not be granted. You must show a palpable error that misled the court and the parties, and that a different disposition must result from correcting it.

Authority: MCR 2.119(F); MCR 7.204(A)(1)(d). Reviewed Oct. 2026.

A published Court of Appeals opinion has precedential effect under MCR 7.215(C)(2), and under MCR 7.215(J)(1) a panel must follow published decisions issued on or after November 1, 1990 that have not been reversed or modified. An unpublished opinion is not precedentially binding under stare decisis, and MCR 7.215(C)(1) says it should not be cited for a proposition for which published authority exists. A party who cites one must explain why. A party can ask by letter to publish an unpublished authored or per curiam opinion within 21 days after it is released.

Authority: MCR 7.215(A)-(D), (J)(1). Reviewed Oct. 2026.

Generally no. MCR 7.209(A)(1) says an appeal does not stay the effect or enforceability of a trial court judgment or order unless the trial court or the Court of Appeals orders otherwise, subject to specific automatic stays such as those in MCR 2.614 or MCL 600.867. A motion for a stay or bond may not be filed in the Court of Appeals unless the trial court decided such a motion first.

Authority: MCR 7.209(A), (D), (E), (I); MCR 7.208(G). Reviewed Oct. 2026.