Stays, bonds, costs and timing of an appeal in Michigan

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.

Under MCR 7.209(E)(1), unless a rule, statute or court order provides otherwise, execution may not issue and enforcement proceedings may not be taken until the time for taking an appeal of right has expired. After that, an appeal does not stay execution unless, outside a domestic relations matter, a money judgment is secured by a bond under MCR 7.209(E)(2)(a) in an amount not less than 110% of the judgment, including costs, interest, attorney fees and sanctions to the date the bond is filed, or the trial court grants a stay with or without bond, or with a reduced bond, as justice requires. The trial court keeps authority over stay and bond matters under MCR 7.208(G) unless the Court of Appeals orders otherwise. A motion in the Court of Appeals must include the trial court's opinion and order and a transcript of the hearing under MCR 7.209(A)(3). The Court of Appeals can stay proceedings or enforcement on terms it considers just, and an ex parte stay is available under MCR 7.209(I) to allow a motion to be heard. In a criminal case, a judgment may be executed immediately unless a bond pending appeal is allowed and filed. Stay options should be considered at the start of an appeal, not after enforcement begins.

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

To stay a money judgment, MCR 7.209(E)(2)(a) calls for a bond of not less than 110% of the judgment or order being enforced, including costs, interest, attorney fees and sanctions assessed to the date the bond is filed. The party who won is the obligee. The rule treats the judgment as automatically stayed once that bond is filed.

The 110% requirement does not apply in a domestic relations matter. The trial court may also grant a stay with or without bond, or with a reduced bond, as justice requires under MCR 7.209(E)(2)(b). The bond must promise that the appellant will perform and satisfy the judgment if it is not set aside or reversed, and will prosecute to completion any appeal and satisfy the judgment entered by the Court of Appeals or Supreme Court. MCR 7.209(F)(1) adds conditions, including prosecuting the appeal to decision and satisfying the judgment if the appeal is dismissed. The party seeking the stay must file a proposed stay order, and objections to the bond or surety must be filed and served within 7 days after service of the bond under MCR 7.209(G)(1). If no timely objection is filed, the trial court must promptly enter the stay order. The court may accept other security by stipulation or otherwise, such as an irrevocable letter of credit, under MCR 7.209(E)(3), and may set a greater or lesser amount for good cause. A statute exempting a municipality or other governmental agency from filing a bond supersedes the rule under MCR 7.209(H)(4). Because the bond amount depends on a figure that includes interest and fees, the number can change between judgment and filing.

Authority: MCR 7.209(E)(2)(a), (E)(3), (E)(4), (F)(1), (G)(1), (H)(4). Reviewed Oct. 2026.

Possibly, but it is not a right. Under MCR 7.209(B)(2), granting bond pending appeal in a criminal case and the amount are within the trial court's discretion, subject to applicable law and rules, and the bond must be sufficient to guarantee the defendant's appearance. For a defendant sentenced to prison for an assaultive crime, MCL 770.9a allows bail pending appeal only if the court finds by clear and convincing evidence that the defendant is not likely to pose a danger to other persons and that the appeal raises a substantial question of law or fact, and MCL 770.9b bars bail pending appeal for a defendant sentenced to prison for sexual assault of a minor. Unless bond is allowed and filed, the judgment may be executed immediately, even before the time to appeal has run.

If bond is allowed, MCR 7.209(F)(2) requires the defendant to promise in writing to prosecute the appeal to decision, to surrender to the sheriff of the county of conviction or other custodial authority if the sentence is affirmed or the appeal is dismissed, to comply with the trial court's order if the judgment is something other than incarceration, to appear if the case is remanded or a conviction is reversed and retrial is allowed, to remain in Michigan unless the court gives written approval to leave, and to notify the clerk of any change of address. The defendant filing a bond after conviction must give notice to the county prosecuting attorney of the time and place the bond will be filed, and the bond is subject to the objection procedure in MCR 3.604 under MCR 7.209(G)(2). The Court of Appeals can amend the bond, but a motion there may not be filed unless the trial court decided one first under MCR 7.209(A)(2). Whether bond is granted turns on the offense of conviction, the facts and the court's discretion, so it should not be treated as likely in any case.

Authority: MCR 7.209(A)(2), (B)(2), (D), (F)(2), (G)(2); MCL 770.9; MCL 770.9a(2); MCL 770.9b(2). Reviewed Oct. 2026.

The Court of Appeals entry fee is $375 for an appeal of right, an application for leave to appeal, or an original proceeding under MCL 600.321(1)(a), plus $100 for most motions, and a person who cannot pay may move to waive fees with an affidavit. In civil cases the prevailing party is entitled to costs under MCR 7.219(A) unless the court directs otherwise, but a bill of costs must be filed within 49 days after the dispositive order or opinion is mailed, or the right to costs is waived.

The statute also sets $200 for a motion for immediate consideration or to expedite, and the $375 fee is paid only once when multiple parties appeal from the same lower court order and the appeals can be consolidated. MCL 600.321 was amended in 2026 (2026 PA 101, effective September 21, 2026); the fee amounts above match the current statute, and the clerk can confirm the current fee at filing. Under MCR 7.219(G), taxable costs include $1 per original page for each brief, any appeal or stay bond, the transcript and necessary copies, documents required for the record, and fees paid to the clerks. The 49 days also runs from an order denying reconsideration, and it is 28 days after a Supreme Court reversal. The other side has 7 days after service of the bill to object, and the clerk stays enforcement of taxed costs until the time for an application to the Supreme Court expires. Ordering a transcript also means paying for it or securing payment, and the court reporter's certificate must say so under MCR 7.204(E)(4). I explain my fee arrangement at the consultation, before you decide whether to hire me.

Authority: MCL 600.321(1), (4), (6); MCR 7.219(A), (B), (C), (E), (G), (H); MCR 7.204(E)(4). Reviewed Oct. 2026.

The court rules set filing steps, not a decision date. In a civil appeal of right, the transcript can take up to 91 days to be filed after it is ordered, the appellant's brief is due 56 days after the claim of appeal is filed or the transcript is filed, whichever is later, the appellee's brief 35 days after service, and a reply 21 days after service of the appellee's brief. Calendar notice follows under MCR 7.213(B).

Those figures come from MCR 7.210(B)(3)(b) and MCR 7.212(A) and (G), and those brief periods can be extended: the parties may stipulate to add 28 days to the 56-day and 35-day periods, and the court may extend a brief period on motion. After the briefs are filed, the clerk notifies the parties that the case will be submitted as a calendar case at the next available session under MCR 7.213(B), with notice of the panel 21 days before the session under MCR 7.213(D). Some cases move faster. Interlocutory criminal appeals and custody cases have shorter brief periods and priority on the calendar. Other steps can add time: a motion to remand stays further proceedings until it is decided or the trial court proceedings are completed under MCR 7.211(C)(1)(d), and an application to the Michigan Supreme Court is due 42 days (civil) or 56 days (criminal) after the Court of Appeals decision, and any answer is due 28 days after service of the application. The rules do not say how long the court takes to decide after submission, so no decision-date estimate can be drawn from the rules.

Authority: MCR 7.210(B)(3)(b); MCR 7.212(A), (G); MCR 7.213(B), (C), (D); MCR 7.211(C)(1)(d); MCR 7.305(C)(2). Reviewed Oct. 2026.

Yes. MCR 7.216(C) lets the Court of Appeals assess actual and punitive damages, or take other disciplinary action, when an appeal or proceeding in an appeal was taken for hindrance or delay or without any reasonable basis to believe there was a meritorious issue. Damages are limited to actual damages and expenses, including attorney fees, plus punitive damages up to the same amount.

The rule has a second prong: a pleading, motion, argument, brief, document or record that is grossly lacking in propriety, violates court rules, or grossly disregards the requirements of a fair presentation of the issues can also support sanctions. The court can act on its own initiative or on a party's motion, and it may remand to the trial court to determine actual damages. If a party habitually, persistently and without reasonable cause engages in this conduct, MCR 7.216(C)(3) allows the court to declare the party a vexatious litigator and impose filing restrictions. Separately, MCR 7.219(J) allows costs against a party or attorney for violating the appellate rules, and an appellee can move to dismiss an appeal that was not filed or pursued under the rules under MCR 7.211(C)(2). That is why each issue should be evaluated for a reasonable basis before an appeal is filed. A good-faith argument for a change in the law or a preserved legal error is a different case from an appeal brought only to delay.

Authority: MCR 7.216(C); MCR 7.219(J); MCR 7.211(C)(2). Reviewed Oct. 2026.

Yes. The court rules include provisions for self-represented parties, such as allowing a typewritten or legibly handwritten brief of up to 50 pages if you lack word-processing access. The jurisdictional deadlines in MCR 7.204(A) and MCR 7.205(A) are the same either way, and in a criminal case an indigent defendant can request an appointed lawyer on time.

The same briefing requirements apply: a jurisdictional statement, questions involved, a statement of facts with record cites, argument with the standard of review and preservation, and the relief requested. A self-represented reply is limited to 10 pages when the party lacks word processing. You are responsible for ordering the transcript under MCR 7.210(B)(1)(a), for the civil docketing statement within 28 days after the claim of appeal is filed under MCR 7.204(H), and for the other filings. A late brief forfeits oral argument under MCR 7.212(A)(4), and a vexatious appeal can lead to sanctions under MCR 7.216(C). For criminal defendants, MCR 6.425(F) requires the court to explain the right to appointed counsel and the request deadlines. I explain my fee arrangement at the consultation, before you decide whether to hire me. Whether you hire a lawyer or file on your own, the most useful first step is to calendar the deadline from the order's entry date and read the order to see what it actually decided.

Authority: MCR 7.212(A)(4), (B)(1), (C), (G); MCR 7.204(A), (H); MCR 7.205(A); MCR 7.210(B)(1)(a); MCR 7.216(C); MCR 6.425(F). Reviewed Oct. 2026.