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Appeal Worksheet For Application For Leave To Appeal Form. This is a Michigan form and can be use in Appeals Statewide.
Tags: Appeal Worksheet For Application For Leave To Appeal, DC 53, Michigan Statewide, Appeals
en-USDate of judgment/order: en-US � en-USLAST DATE FOR FILINGen-US en-USDATE ACTUALLY FILED 1. � a. � File signed application for appeal in circuit court................................ en-US en-US en-US � b. � Pay fee in circuit court unless waived for indigency (form MC 20)...... en-US en-US en-US � c. � File/order transcript............................................................................ en-US en-US en-US � � Transcript unavailable - settled statement of facts filed along � with certifying order........................................................................ en-US en-US en-US 2. � Serve appellee copies of: � a. � Application for appeal......................................................................... en-US en-US en-US � b. � Order on application for appeal.......................................................... en-US en-US en-US � c. � Statement re: payment of fees........................................................... en-US en-US en-US � d. � Recorder222s/reporter222s certificate......................................................... en-US en-US en-US 3. � File proof of service in circuit court......................................................... en-US en-US en-US en-USIf leave to appeal is granted, then do the following: 4. � a. � Set/file bond in district court (if applicable)......................................... en-US en-US en-US � b. � File copy of bond in circuit court (if applicable).................................. en-US en-US en-US � c. � File proof that money, property, or documents were � delivered/deposited (if applicable)...................................................... en-US en-US en-US � d. � Pay district court: � Taxable costs...................................................................................... en-US en-US en-US � $25 appeal fee unless waived for indigency (form MC 20)................. en-US en-US en-US 5. � a. � en-USApplies to appellee only:en-US file appearance with circuit court and � identify individual appellate attorneys................................................. en-US en-US en-US � b. � � File cross-appeal............................................................................ en-US en-US en-US 6. � Serve appellee copies of: � a. � Entire record on appeal...................................................................... en-US en-US en-US � b. � Bond or waiver (if applicable)............................................................. en-US en-US en-US 7. � File proof of service in circuit court......................................................... en-US en-US en-US 8. � File proof of service in district court........................................................ en-US en-US en-US 9. � Transcript filed by recorder/reporter........................................................ en-US en-US en-US 10. � Order settling and transmitting record on appeal.................................. en-US en-US en-US 11. � Record transmitted, including transcript and docket entries................. en-US en-US en-US American LegalNet, Inc. www.FormsWorkFlow.com en-USCHECKLIST FOR APPEALS FROM DISTRICT COURT TO CIRCUIT COURTen-USNOTE: This checklist should en-USnoten-US be used for appeals from an administrative agency to the circuit court. 1. � Within 21 days or the time allowed by statute after entry of judgment, order, or decision appealed, * appellant must file: � a. � a signed application for leave to appeal in circuit court. The application must: � i) � include the date and nature of the judgment, order, or decision appealed. � ii) � concisely set forth appellant222s allegations of error and relief sought. � iii) � set forth a concise argument supporting appellant222s position to each issue that conforms with MCR 7.212(C). � iv) � if the order appealed is interlocutory, set forth facts showing how appellant would suffer substantial harm by awaiting � final judgment before appealling. � b. � a copy of the judgment, order, or decision appealed and the opinion or findings of the district court. � c. � a copy of the register of actions. � d. � unless waived by stipulation of the parties or trial court order, a copy of certain transcripts as follows: � i) � in an appeal related to an evidentiary hearing in a civil or criminal case, the transcript of the evidentiary hearing, � including the opinion or findings of the court that conducted the hearing. � ii) � in an appeal challenging jury instructions, the transcript of the entire charge to the jury. � iii) � in an appeal from a criminal judgment entered pursuant to a guilty or nolo contendere plea, the transcripts of the plea � and sentence. � iv) � in an appeal from an order granting or denying a new trial, the portion of the transcript permitting the circuit court to � determine whether the district court222s decision was for a legally-recognized reason based on arguable support in the � record. � v) � in an appeal raising a sentencing issue, the transcript of the sentencing proceeding and the transcript of any hearing � on a motion related to the sentencing. � vi) � in an appeal raising any other issue, the portion of the transcript substantiating the existence of the issue, objections � or lack thereof, arguments of counsel, and any comment or ruling of the district court judge. � vii) if the transcript is not yet available, appellant must file a copy of the certificate of the court reporter/recorder or a � statement that a transcript has been ordered, in which case the certificate must be filed within 7 days after the � transcript is ordered by a party or the court. If nothing is to be transcribed, appellant must file a statement to this effect � within 7 days after the transcript is ordered. � e. � proof that a copy of the application was served on all other parties and that a notice of the filing of the application was � filed with the district court. If service cannot reasonably be accomplished, appellant may ask the circuit court to prescribe � service under MCR 2.107(E). � f. � the circuit court222s appeal fee, ** unless waived for indigency (form MC 20). 2. � If appellant is a criminal defendant who has pled guilty or nolo contendere and requests appointment of an attorney within � 21 days after entry of the judgment or sentence, application for leave to appeal must be filed within 21 days after entry of an � order appointing or denying the appointment of an attorney or denying a timely-filed motion under MCR 7.105(A)(2). 3. � Within 7 days after a transcript is ordered by a party or the court, the court reporter/recorder must provide a certificate that � the transcript has been ordered, payment has been made or secured, and that it will be filed as soon as possible or has � been filed. 4. � Within 21 days of service of the application, any party in the case may file a signed answer that conforms with MCR 7.212(D), � along with proof that a copy was served on all parties. 5. � Absent good cause, the circuit court must decide the application within 35 days of the filing date. There is no oral argument � unless directed by the court. If a decision is required on an application in fewer than 35 days, appellant must file a motion � for immediate consideration concisely stating why an immediate decision is required. 6. � The circuit court may grant or deny leave to appeal or grant other relief, and must promptly serve a copy of its order on the � parties and the district court. Unless otherwise ordered, an appeal is limited to the issues raised in the application. American LegalNet, Inc. www.FormsWorkFlow.com en-USCHECKLIST FOR APPEALS FROM DISTRICT COURT TO CIRCUIT COURT 7. � If the application is granted, MCR 7.104 governs further proceedings, except that the filing of a claim of appeal is not required � and appellant must complete the acts required by MCR 7.104(D) and (E) en-USwithin 7 daysen-US after entry of the order granting � leave. MCR 7.104(D) and (E) require appellant to: � a. � file a copy of the judgment, order, or decision appealed. � b. � file a copy of the certificate of the court reporter/recorder or a statement that the transcript has been ordered under � MCR 7.109(B)(3