Leave applications, district court, agency and Supreme Court appeals in Michigan

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.

The application is due within 21 days after entry of the order, or within 21 days after an order deciding a timely motion for rehearing or reconsideration, under MCR 7.205(A)(1). It must attach the order, the register of actions, the court's findings and the transcripts the rule requires, and the other side has 21 days to answer. There is no oral argument, and the court may grant, deny, enter a final decision, or request more material under MCR 7.205(E). If leave is granted, the appeal proceeds as an appeal of right, the docketing statement is due in 28 days, and the other deadlines run from the date the order granting leave is certified. An interlocutory appeal does not stop the case by itself: under MCR 7.209(A)(1), except for automatic stays under MCR 2.614 or MCL 600.867, an appeal does not stay a trial court order unless the trial court or Court of Appeals says so, and under MCR 7.208(F) certain pre-judgment orders, such as orders on the custody, control and management of property, temporary support or custody in a domestic relations action, and preliminary injunctions, stay enforceable pending interlocutory appeal unless a court orders otherwise.

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.

Yes. Under MCR 7.202(6)(a)(v), an order denying governmental immunity to a governmental party under MCR 2.116(C)(7), or denying summary disposition under MCR 2.116(C)(10) based on governmental immunity, is a final order. That makes it appealable of right. If a government party files a claim of appeal from that order, proceedings are stayed during the appeal unless the Court of Appeals directs otherwise.

This is an exception to the usual rule that a denial of summary disposition is interlocutory and can be reviewed only by leave. The 21-day period in MCR 7.204(A)(1) applies, so the claim of appeal and fee must be filed within 21 days of entry of the order. The stay rule in MCR 7.209(E)(7) applies when a government party appeals the order, and MCR 7.209(A)(1) also refers to the automatic stay in MCR 2.614(D), which stays any and all proceedings in the cause when a party appeals the denial of a claim of governmental immunity. For a plaintiff suing a township, city, county or state agency, this means the case can pause while the appeal runs. For a government defendant, it means the deadline is short and the issue must have been raised in a motion under the correct subrule. The Court of Appeals reviews the order on the record made in the trial court, so the grounds for immunity should be developed there.

Authority: MCR 7.202(6)(a)(v); MCR 7.209(A)(1), (E)(7); MCR 7.204(A)(1). Reviewed Oct. 2026.

The application states the date and nature of the order, recites the alleged errors and the relief sought, and includes a concise argument on each issue under MCR 7.205(B). You attach the order, the register of actions, any findings, required transcripts, proof of service, and the entry fee. There is no oral argument; the court decides on the documents.

MCR 7.205(B) requires the application to conform to MCR 7.212(B) and (C) for argument and, if the order is interlocutory, to show how you would suffer substantial harm by waiting for final judgment. The required transcripts depend on the issue: the evidentiary hearing for a hearing-based issue, the full jury charge for an instruction issue, the plea and sentencing transcripts for a plea appeal, the sentencing transcript for a sentencing issue, and the portions showing the issue and any objections for other issues. If a transcript is not yet available, you file the reporter's certificate or an attorney statement and then file the transcript when it is available. The entry fee is $375 under MCL 600.321(1)(a). The other party may answer within 21 days, a reply is allowed under MCR 7.212(G), and under MCR 7.205(E)(4) the appeal is limited to the issues raised in the application and supporting brief unless the court orders otherwise.

Authority: MCR 7.205(B), (C), (E); MCL 600.321(1)(a); MCR 7.212(G). Reviewed Oct. 2026.

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)).

To vest the circuit court with jurisdiction, you file the claim of appeal and the circuit court's appeal fee, unless you are indigent, within the appeal period under MCR 7.104(B). Documents filed with the claim include the judgment, the transcript certificate or a statement that none exists, any bond, and the register of actions. The circuit court hears the appeal on the original record under MCR 7.109(A), and MCR 7.103(C) requires that a judge other than the one who conducted the trial hear it. Under MCR 7.111, the appellant's brief is due 28 days after the circuit court gives notice that the record is filed, the appellee's brief 21 days after service, and a reply 14 days after the appellee's brief. Orders that are not final, and plea-based judgments, are reviewed only by leave, with an application due within 21 days under MCR 7.105(A). A criminal misdemeanor tried in district court has a right of appeal to circuit court under MCL 770.3(1)(b). In a possession case, filing the claim of appeal does not by itself stop an order of eviction; a stay requires a bond or escrow order under MCR 4.201(O)(3).

Authority: MCL 600.8342(1), (2), (4); MCR 7.103(A)(1), (C); MCR 7.104(A), (B), (D); MCR 7.111(A); MCR 7.109(A); MCR 7.105(A); MCL 770.3(1)(b); MCR 4.201(O)(1)-(3). Reviewed Oct. 2026.

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.

MCR 7.203(A)(1)(a) removes circuit court judgments entered on appeal from another court or tribunal from the appeal-of-right category, and MCR 7.203(B)(2) places a final judgment entered by the circuit court on appeal from any other court in the leave category. In a civil case, the application deadline is generally 21 days after entry of the circuit court judgment under MCR 7.205(A)(1), and a delayed application within 6 months is possible under MCR 7.205(A)(4)(a). In a criminal case, MCR 7.205(A)(2) sets the timing, so identify which clause applies to the order being appealed. If the Court of Appeals decides the matter, further review in the Michigan Supreme Court is by application for leave under MCL 770.3(6) in criminal matters and MCR 7.305 generally. Because the court chooses whether to take these cases, the application needs to explain why the issue merits review, not just why the lower court was wrong.

Authority: MCL 600.8342(3); MCL 600.308(2)(a)(i); MCL 770.3(4), (6); MCR 7.203(A)(1)(a), (B)(2); MCR 7.205(A)(1), (A)(2), (A)(4)(a). Reviewed Oct. 2026.

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.

A de novo appeal means the district judge decides the case anew rather than reviewing the magistrate's work for error. The 7-day period in MCL 600.8427 is short, and counting follows MCR 1.108, which excludes the day of the decision and extends a last day that falls on a weekend or legal holiday. The statute applies where the small claims hearing was conducted by an attorney magistrate authorized by the chief judge of the district. MCL 600.8427 says further appeal from the judgment of the district court judge is not available to either party, so when a district judge heard or decided the case, no appeal is available. MCR 4.305(B) says a small claims judgment may be modified or vacated in the same way as other civil judgments, but that an appeal may not be taken, so the available steps are limited to a motion in the same court. MCR 4.401(D) separately gives the 7-day appeal of right from a magistrate's decision to the district court. Before trial begins, either party can remove the case to the general civil division of the district court under MCL 600.8408(4), which restores the right to counsel, a jury and ordinary appeal rights; once a small claims trial starts, those rights are waived. Because a small claims defendant often must choose quickly, read the notice of the decision to see who heard the case before deciding on timing.

Authority: MCL 600.8427; MCR 1.108; MCR 4.305(B); MCR 4.401(D); MCL 600.8412; MCL 600.8408(4). Reviewed Oct. 2026.

In civil cases, 42 days. In criminal cases, 56 days. Under MCR 7.305(C)(2), the clock runs from the Court of Appeals order or opinion resolving the appeal, including an order denying leave to appeal, or from an order denying a timely motion for reconsideration. An order that does not resolve the appeal has a 28-day period under MCR 7.305(C)(3).

The application must be filed with the Michigan Supreme Court clerk and must contain the items MCR 7.305(A) lists: a statement identifying the order appealed, the questions presented, a table of contents and index of authorities, a statement of facts, a concise argument that also establishes a ground for leave, and the relief sought. You also file the Court of Appeals opinion or order, proof of service, and the fee. A request granted by the Court of Appeals to publish an opinion originally released as unpublished starts a new period under MCR 7.305(C)(2)(d). The other side may answer within 28 days, and you may reply within 21 days after service of the answer, with a reply of no more than 3,200 words. The Court decides on the filed papers, with no oral argument unless it orders argument. If leave is denied, the Court of Appeals decision becomes the final adjudication.

Authority: MCR 7.305(A), (C), (D), (E), (H), (I). Reviewed Oct. 2026.

MCR 7.305(B) requires the application to show a ground, such as a substantial question about the validity of a legislative act, a legal principle of major significance to the state's jurisprudence, or significant public interest in a case involving the state. After a Court of Appeals decision, the application can also show the decision is clearly erroneous and will cause material injustice, or conflicts with another decision.

The rule lists six grounds; the sixth applies only to appeals from the Attorney Discipline Board. The first three apply generally: a substantial question about the validity of a legislative act, significant public interest in a case by or against the state, one of its agencies or subdivisions, or an officer of the state or of one of its agencies or subdivisions in an official capacity, or a legal principle of major significance to the state's jurisprudence. Subrule (B)(4) applies before a Court of Appeals decision, which is the bypass route: delay in final adjudication is likely to cause substantial harm, or the appeal is from a ruling that a provision of the constitution, a statute, or a rule or other action of the legislative or executive branch is invalid. For an appeal of a Court of Appeals decision, (B)(5) requires that the decision be clearly erroneous and cause material injustice, or conflict with a Supreme Court decision or another Court of Appeals decision. The rule does not list simple disagreement with the result as a stand-alone ground. A bypass application is due within 42 days after the claim of appeal or application is filed in the Court of Appeals under MCR 7.305(C)(1).

Authority: MCR 7.305(B), (C)(1), (I)(1). Reviewed Oct. 2026.

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.

The rule also covers final orders affecting the rights of a party in a civil action begun in the probate court, final orders in guardianship proceedings under the Estates and Protected Individuals Code, and final orders under the Mental Health Code. The record in these appeals is limited: MCR 7.210(A)(1) says that in an appeal from probate court in an estate or trust proceeding, an adult or minor guardianship, or a Mental Health Code proceeding, only the order appealed from and the petitions, opinions and other documents pertaining to it need be included, and under MCR 7.210(B)(1)(b) only the transcript concerning the order appealed from need be filed. The probate court keeps continuing jurisdiction over other matters in the proceeding under MCR 7.208(D), and it keeps jurisdiction over property being held for conservation or management under MCR 7.208(E) unless the Court of Appeals orders otherwise. Under MCR 7.209(B)(1), the trial court sets the amount of any stay or appeal bond in a probate proceeding at an amount adequate to protect the opposite party. Under MCR 5.802(C), some orders, such as an order removing or appointing a fiduciary, are not stayed pending appeal unless the court orders a stay on motion for good cause.

Authority: MCR 5.801(A), (B); MCR 7.204(A)(1); MCR 7.210(A)(1), (B)(1)(b); MCR 7.208(D), (E); MCR 7.209(B)(1); MCR 5.802(C). Reviewed Oct. 2026.

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.

MCL 24.301 says exhaustion does not require a motion for rehearing or reconsideration unless the agency's rules require one, and that a preliminary, procedural or intermediate agency action is not immediately reviewable, although the court may grant leave if review of the final decision would not be an adequate remedy. MCR 7.103(A)(2) gives the circuit court jurisdiction of an appeal of right from a final order or decision of an agency governed by the APA, and MCR 7.104(A)(1) sets 21 days or the time allowed by statute, and for an APA petition the statute allows the 60 days in MCL 24.304(1). Under MCL 24.304(2) the agency transmits the record within 60 days after service of the petition, and under MCL 24.304(3) review is by the court without a jury and confined to the record. Unless a statute or the constitution provides a different scope of review, the court must set aside an agency decision if substantial rights were prejudiced because it violates the constitution or a statute, exceeds the agency's authority, is based on unlawful procedure with 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 other substantial and material error of law under MCL 24.306(1). Check the agency's own statute and rules first, because they can change the deadline.

Authority: MCL 24.301; MCL 24.304(1)-(3); MCL 24.306(1); MCR 7.103(A)(2); MCR 7.104(A)(1). Reviewed Oct. 2026.

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.

The statute defers to the court rules on timing, so the 21-day period for civil appeals of right in MCR 7.204(A)(1) is the working deadline unless another law provides a different time. Under MCL 205.753(2), the appeal runs from entry of the order or decision, or from denial of a motion for rehearing that was timely filed. On appeal, the chief clerk of the tribunal prepares the official record, which includes a list of dates and docket entries, notices, pleadings, motions and intermediate rulings, a transcript of the hearing with exhibits, and the decision, opinion or order appealed from under MCL 205.753(5). A decision on the assessment of real property is binding for the first year of assessment determined in the proceeding under MCL 205.753(4). Under MCR 7.210(A)(2), an appeal from a tribunal is heard on the tribunal's record, which includes its documents, testimony, opinions and orders. Read the statute and the tribunal's order together to confirm the date the clock began.

Authority: MCL 205.753(1)-(5); MCR 7.204(A)(1); MCR 7.210(A)(2). Reviewed Oct. 2026.

If the arbitration proceeding began on or after July 1, 2013, Michigan's Uniform Arbitration Act applies, and a motion to vacate must be filed within 90 days after you receive notice of the award or of a modified or corrected award (MCL 691.1703(2)). MCR 3.602(A) leaves other arbitrations to the court rule, which sets 21 days after the date of the award for a complaint to vacate and 91 days for a motion to vacate, so for those, the 21-day period is the one to calendar. A domestic relations arbitration is also on the 21-day clock under MCR 3.602(J)(3).

The line is when the proceeding began, not the agreement's age. MCL 691.1683(1) says that on or after July 1, 2013, the Act governs an agreement to arbitrate whenever made, but MCL 691.1713 says the Act does not affect an action or proceeding commenced, or a right accrued, before July 1, 2013, and MCR 3.602(A) says a proceeding commenced on or after July 1, 2013 is governed by the Act and not the rule, which covers all other arbitration. The Act does not cover voluntary membership organization arbitrations the organization requires and administers (MCL 691.1683(2)). An award in a domestic relations arbitration is reviewed under MCL 600.5081 and MCR 3.602(J)(3) instead, which require a motion to vacate within 21 days after the date of the award (for corruption, fraud or undue means, 21 days after the grounds are known or should have been known). Under the Act, the 90 days run from receipt of notice of the award, or, for corruption, fraud or undue means, from when the ground is known or should have been known. MCL 691.1703(1) lists the grounds, such as corruption, fraud, evident partiality, an arbitrator exceeding his or her powers, or no agreement to arbitrate (unless you took part without objecting in time). Disagreeing with the arbitrator on the facts or law is not a ground. MCR 3.602(J)(1) says a complaint or motion to vacate must be filed within 21 days after the date of the award, while (J)(3) says a motion to vacate must be filed within 91 days (21 days after the grounds are or should be known if corruption or fraud is alleged, and 21 days in a domestic relations case). The Court of Appeals has described the periods as 21 days for a complaint to vacate and 91 days for a motion to vacate, so the shorter period is the one to calendar unless the longer one clearly applies. Appeals follow MCR 3.602(N).

Authority: MCL 691.1703(1), (2), (4); MCR 3.602(A), (J), (N); MCL 691.1683(1), (2); MCL 691.1713; Fette v Peters Constr Co, 310 Mich App 535, 542 (2015); City of Ann Arbor v AFSCME Local 369, 284 Mich App 126, 133 (2009); MCL 600.5081. Reviewed Oct. 2026.