Appeal deadlines and starting an appeal 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.

Under MCR 7.203(A), the Court of Appeals has jurisdiction over an appeal of right filed by an aggrieved party from a final judgment or final order of the circuit court or Court of Claims, with exceptions. The exceptions include circuit court judgments entered on appeal from another court or tribunal and criminal convictions based on a guilty or nolo contendere plea. Under MCR 7.203(B), leave covers orders that are not final, a final circuit court judgment entered on appeal from another court, final agency orders that are reviewable by the court, and cases where an appeal of right could have been taken but was not filed on time. Applications for leave are decided on the documents, without oral argument, under MCR 7.205(E)(1). If leave is granted, the case proceeds as an appeal of right and no claim of appeal is needed under MCR 7.205(E)(3). Which path applies depends on what the order actually decided, so read the order before counting any deadline.

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

In a civil case, the first judgment or order that disposes of all claims and adjudicates the rights and liabilities of all parties is final under MCR 7.202(6)(a). An order designated final under MCR 2.604(B), a rule limited to receivership and similar actions, also counts, as do postjudgment orders awarding or denying attorney fees and costs, postjudgment domestic relations orders that grant or deny a change of a minor's custody or domicile, and orders denying governmental immunity to a governmental party. Orders that leave claims or parties open are generally not final.

The definition in MCR 7.202(6)(a) is the starting point for every civil appeal. A final order is the first judgment or order that resolves every claim and the rights and liabilities of every party, including a new one entered after reversal of an earlier final judgment. The rule also treats as final an order designated final under MCR 2.604(B), which applies only in receivership and similar actions, in a domestic relations action a postjudgment order that, as to a minor, grants or denies a motion to change legal custody, physical custody, or domicile, a postjudgment order awarding or denying attorney fees and costs, an order denying governmental immunity to a governmental party under MCR 2.116(C)(7), an order denying summary disposition under MCR 2.116(C)(10) based on governmental immunity, and a postjudgment order deciding a remaining-proceeds claim in a tax foreclosure. When an appeal comes from an order described in MCR 7.202(6)(a)(iii) through (vi), MCR 7.203(A)(1) limits the appeal to the portion of the order that is appealable of right. In criminal cases, MCR 7.202(6)(b) treats an order dismissing the case and the original sentence, a resentence, a sentence after remand, and a sentence after probation revocation as final. The common trap is an order that dismisses one defendant or decides one count: it is not final while other claims or parties remain, and MCR 2.604(A) sends that kind of order to the leave process because designation under MCR 2.604(B) is limited to receivership and similar actions. If it is unclear whether an order is final, calendar the shorter deadline and review the order before relying on a later one.

Authority: MCR 7.202(6); MCR 7.203(A)(1); MCR 2.604(A), (B). Reviewed Oct. 2026.

You have 21 days. Under MCR 7.204(A)(1), an appeal of right in a civil case must be taken within 21 days of entry of the judgment or order appealed from, unless another time is provided by law or court rule. The period is jurisdictional, which means a late filing can leave the Court of Appeals without power to hear the appeal.

The 21 days runs from entry of the judgment or order appealed from. It can also run from entry of an order appointing counsel, an order denying a request for appointed counsel in a civil case where an indigent party is entitled to counsel (if the trial court received the request within the first 21 days), or an order deciding a postjudgment motion for new trial, rehearing, reconsideration or other relief that was filed within the first 21 days or within further time the trial court allowed for good cause during that period. MCR 7.204(A) says the time limit is jurisdictional, and a trial court cannot give you more time to file a claim of appeal, because MCR 7.208(C)(1) excludes extending that deadline from its power to grant further time. An application for leave to appeal also generally has a 21-day deadline under MCR 7.205(A)(1). Some statutes set a different period, so check the statute that created the right of review. If the 21 days has passed, a delayed application for leave within 6 months may be available under MCR 7.205(A)(4), but leave is discretionary.

Authority: MCR 7.204(A)(1); MCR 7.208(C)(1); MCR 7.205(A)(1), (A)(4). Reviewed Oct. 2026.

The clock starts on entry, which MCR 7.204(A) defines as the date the judgment or order is signed or the date it is data-entered in the court's register of actions. Under MCR 1.108, the day of entry is not counted, the last day is, and a Saturday, Sunday, legal holiday or court closure moves the deadline to the next day that is not one of those.

For example, if an order is signed on March 2, day 1 is March 3 and day 21 is March 23, and if March 23 is a Sunday the period runs through Monday, March 24. The same counting method applies to 42-day criminal periods. For periods measured in months, MCR 1.108(3) uses the same day of the month, so 6 months after a January 31 judgment ends on July 31. Filing means the date the clerk receives the document or the date an e-filed document is deemed filed under MCR 1.109(G)(5)(b), per MCR 7.202(2). A document filed by an unrepresented person who is in a prison or jail is deemed timely if it was deposited in the institution's outgoing mail on or before the deadline, under MCR 1.112. One exception involves late notice: if service of the judgment on you was delayed beyond the time in MCR 2.602, the claim of appeal must come with an affidavit about the delayed service, and under MCR 7.204(A)(3) it is deemed timely if the court finds service was late and the claim was filed within 14 days after service. Because the date of signing or data entry controls, not the date you received the order, check the register of actions, and if the signing date and the data-entry date differ, count from the earlier one.

Authority: MCR 7.204(A), (A)(3); MCR 1.108; MCR 7.202(2); MCR 1.112. Reviewed Oct. 2026.

An appeal of right in a criminal case generally must be taken within 42 days after entry of the judgment or order appealed from. If you ask for an appointed lawyer in time and the court appoints one on the approved form, that order serves as your claim of appeal. If the court denies the request, you have 42 days from the order denying it. A timely motion for new trial, directed verdict or to correct a sentence also gives you 42 days from the order denying it.

MCR 7.204(A)(2) sets these periods: 42 days after entry of the judgment or order appealed from; 42 days after an order denying a timely motion for appointment of a lawyer; or 42 days after an order denying a timely motion for new trial, directed verdict of acquittal or to correct an invalid sentence. At sentencing after a trial, MCR 6.425(F)(1) requires the court to tell you on the record that you are entitled to appellate review, that a lawyer will be appointed if you cannot afford one, and that the request for a lawyer must be filed within 42 days. A request is deemed filed when it is received by the court or the Michigan Appellate Assigned Counsel System, whichever is earlier. If the request was filed within the time for a claim of appeal and a lawyer is appointed on the approved form, the order serves as a timely claim of appeal under MCR 6.425(G)(1)(e). The time limit is jurisdictional, so count it from the judgment of sentence and confirm it against the register of actions.

Authority: MCR 7.204(A)(2); MCR 6.425(F)(1), (F)(4), (G)(1)(e). Reviewed Oct. 2026.

Yes, but by application for leave to appeal, not as of right. MCL 770.3(1)(d) says appeals from final orders and judgments based on guilty or nolo contendere pleas are by application. The application is generally due within the later of 6 months after the judgment or 42 days after certain events, such as an order deciding a timely plea-withdrawal motion, or an order appointing or denying appellate counsel when counsel was requested within 6 months.

The timing rule is MCR 7.205(A)(2): the later of 6 months after entry of the judgment or 42 days after an order appointing or denying appellate counsel or the filing of ordered transcripts (in each case if counsel or the transcripts were requested within 6 months after entry of the judgment), or an order deciding a timely motion to withdraw the plea, for a directed verdict, to correct an invalid sentence or for new trial, or a timely motion for reconsideration of one of those orders. Under MCR 6.425(F)(2), the court must tell you after a plea that you may file an application, that a lawyer will be appointed if you cannot afford one, and that the request must be made within 6 months. The U.S. Supreme Court held in Halbert v Michigan that appointed counsel is required for indigent plea-based defendants seeking first-tier review in the Michigan Court of Appeals. Under MCR 6.310(D), a claim that the plea was not understanding, voluntary or accurate generally requires a motion to withdraw the plea in the trial court first. The plea and sentencing transcripts must accompany the application under MCR 7.205(B)(4)(d).

Authority: MCL 770.3(1)(d); MCR 7.205(A)(2), (B)(4)(d); MCR 6.425(F)(2); MCR 6.310(D); Halbert v Michigan, 545 US 605 (2005). Reviewed Oct. 2026.

Sometimes. In civil cases, a timely motion for new trial, rehearing, reconsideration or other relief means the 21-day appeal period runs from the order deciding it. In criminal cases, 42 days runs from an order denying a timely motion for new trial, directed verdict or to correct an invalid sentence. A motion to reconsider that ruling extends the time only if it was itself filed within the 21 or 42 days.

MCR 7.204(A)(1)(d) covers civil cases: the period runs from entry of an order deciding a motion for new trial, rehearing, reconsideration or other relief, but only if the motion was filed within the initial 21-day appeal period or within further time the trial court allowed for good cause during that period. MCR 7.204(A)(2)(d) is the criminal version, tied to motions filed within the times in MCR 6.419(C), 6.429(B) or 6.431(A). The last sentence of MCR 7.204(A)(2) says a motion for rehearing or reconsideration of those motions does not extend the time unless it was itself filed within the 21- or 42-day period. Separate clocks govern the motion itself: a civil motion for new trial or to amend the judgment is due within 21 days of entry of judgment under MCR 2.611(B), and a motion to reconsider a ruling on a motion is due within 21 days under MCR 2.119(F)(1). Because miscounting either clock can cost the appeal, track them separately.

Authority: MCR 7.204(A)(1)(d), (A)(2)(d); MCR 2.611(B); MCR 2.119(F)(1). Reviewed Oct. 2026.

To vest the Court of Appeals with jurisdiction, you must file the claim of appeal and the entry fee within the appeal period. With the claim you file a copy of the order appealed, a transcript certificate or statement, proof of service, the register of actions, and a jurisdictional checklist. The entry fee is $375 under MCL 600.321(1)(a), unless the court waives it.

MCR 7.204(B) makes the claim of appeal and entry fee the two items that must be filed within the time for appeal. MCR 7.204(C) lists the documents that accompany them, including a copy of the judgment or order, the court reporter's certificate or an attorney statement that a transcript was ordered or that none exists, proof of service on the other parties, any bond, the lower court's register of actions, and a jurisdictional checklist. Within the same period you also file a copy of the claim, any required fee, any bond, and the reporter's certificate in the trial court under MCR 7.204(E), and serve the other parties under subrule (F). In civil appeals, a docketing statement is due within 28 days after the claim is filed, and failing to file it may lead to dismissal under MCR 7.217. An appellee may file an appearance within 14 days after being served. A person who cannot pay the $375 fee can move to waive it with an affidavit under MCL 600.321(4).

Authority: MCR 7.204(B), (C), (E), (F), (G), (H); MCL 600.321(1)(a), (4). Reviewed Oct. 2026.

You may be able to file a delayed application for leave to appeal within 6 months after entry of the judgment or order. Under MCR 7.205(A)(4)(a), the application must contain a statement of facts explaining the reasons for the delay. The court may consider the length of and the reasons for the delay in deciding whether to grant it, and granting leave is discretionary.

The authority for a late appeal is MCR 7.203(B)(5), which allows leave from any judgment or order when an appeal of right could have been taken but was not timely filed, and MCR 7.205(A)(4)(a), which sets the 6-month window for civil appeals. The appellee can challenge your claimed reasons in the answer. A delayed application is not the same as a motion for relief from judgment under MCR 2.612, which has its own grounds, and under MCR 2.612(C)(2) such a motion does not affect the finality of a judgment or suspend its operation. A trial court also cannot restore a lost claim of appeal, because MCR 7.208(C)(1) excludes extending the time for a claim of appeal or allowing a delayed appeal from its power to grant further time. After 6 months, MCR 7.205(A)(4)(a) no longer provides this route, so the first step is to count from the date of entry shown in the register of actions.

Authority: MCR 7.205(A)(4)(a); MCR 7.203(B)(5); MCR 2.612(C)(2); MCR 7.208(C)(1). Reviewed Oct. 2026.

Possibly. MCR 7.205(A)(4)(b) allows a delayed application for leave within 21 days of the dismissal order, or of an order denying reconsideration of that order. It must be taken from the same lower court judgment or order as the claim of appeal, the claim of appeal must have been filed within the applicable appeal period, and the application must explain the reasons for delay.

This rule helps when a party timely filed a claim of appeal but the order turned out not to be appealable of right, for example because it was not a final order or the appeal needed leave. It applies to appeals governed by either the civil period in MCR 7.205(A)(1) or the criminal period in MCR 7.205(A)(2). Dismissal for lack of jurisdiction can be ordered by the chief judge or another designated judge acting alone under MCR 7.203(F)(1). Under MCR 7.203(F)(2), the appellant may file a motion for reconsideration within 21 days of the dismissal order, it is submitted to a panel of three judges, and no entry fee is required. The clerk will not accept a motion for reconsideration of a three-judge panel order that denies that motion. Because the delayed-application clock is only 21 days and can run from either the dismissal or the denial of reconsideration, confirm which date applies before filing.

Authority: MCR 7.205(A)(4)(b); MCR 7.203(F). Reviewed Oct. 2026.

In a criminal case, yes, within limits; in a civil case, generally no once the claim of appeal is filed. MCR 7.208(B)(1) lets the defendant file in the trial court a motion for a new trial, for judgment of acquittal, to withdraw a plea, or to correct an invalid sentence within the time for filing the defendant's appellant brief. The trial court must hear and decide the motion within 56 days of filing, unless it finds an adjournment is necessary or there is other good cause.

A copy of the motion must be filed with the Court of Appeals and served on the prosecuting attorney. The court reporter must file the transcript of any hearing within 28 days of the decision. If the motion is granted in whole or in part, the defendant must file the appellant's brief or a notice of withdrawal within 42 days after the decision or transcript, whichever is later, and the prosecutor has 21 days after the trial court's decision to file a cross-appeal. If it is denied, the defendant's brief is due 42 days after the decision or the transcript, whichever is later. In civil cases, the general rule in MCR 7.208(A) is that after a claim of appeal is filed or leave is granted, the trial court may not set aside or amend the judgment except by order of the Court of Appeals, by stipulation, after a decision on the merits in a preliminary-injunction case, or as otherwise provided by law. The trial court keeps authority over stays, bonds, appointment of counsel, and attorney fees and costs unless the Court of Appeals orders otherwise.

Authority: MCR 7.208(A), (B), (G), (H), (J). Reviewed Oct. 2026.