Rule 7.105 - Application for Leave to Appeal(A) Time Requirements. An application for leave to appeal must be filed with the clerk of the circuit court within:(1) 21 days or the time allowed by statute after entry of the judgment, order, or decision appealed, or(2) 21 days after the entry of an order denying a motion for new trial, a motion for rehearing or reconsideration, or a motion for other relief from the judgment, order, or decision if the motion was filed within:(a) the initial 21-day period, or(b) such further time as the trial court or agency may have allowed during that 21-day period.(3) If a criminal defendant, who has pled guilty or nolo contendere, requests appointment of an attorney within 21 days after entry of the judgment of sentence, an application must be filed within 21 days after entry of an order: (a) appointing or denying the appointment of an attorney, or(b) denying a timely filed motion described in subrule (2).(B) Manner of Filing. To apply for leave to appeal, the appellant must file:(1) a signed application for leave to appeal:(a) stating the date and nature of the judgment, order, or decision appealed;(b) concisely reciting the appellant's allegations of error and the relief sought;(c) setting forth a concise argument in support of the appellant's position on each issue that conforms with MCR 7.212(C); and(d) if the order appealed is interlocutory, setting forth facts showing how the appellant would suffer substantial harm by awaiting final judgment before taking an appeal;(2) a copy of the judgment, order, or decision appealed and the opinion or findings of the trial court or agency;(3) if the appeal is from a trial court, a copy of the register of actions;(4) if the appeal is from an agency, a copy of the written request or order for a certified copy of the record to be sent to the circuit court;(5) unless waived by stipulation of the parties or trial court order, a copy of certain transcripts as follows:(a) in an appeal relating 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;(b) in an appeal challenging jury instructions, the transcript of the entire charge to the jury;(c) in an appeal from a judgment in a criminal case entered pursuant to a plea of guilty or nolo contendere, the transcripts of the plea and sentence;(d) 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 trial court's decision on the motion was for a legally recognized reason based on arguable support in the record;(e) in an appeal raising a sentencing issue, the transcript of the sentencing proceeding and the transcript of any hearing on a motion related to sentencing;(f) 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 trial judge; or(g) if the transcript is not yet available, the appellant must file a copy of the certificate of the court reporter or recorder or a statement that a transcript has been ordered, in which case the certificate of the court reporter or recorder must be filed within 7 days after a transcript is ordered by a party or the court. If there is nothing to be transcribed, the appellant must file a statement so indicating within 7 days after the transcript is ordered;(6) 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 trial court or agency. If service cannot be reasonably accomplished, the appellant may ask the circuit court to prescribe service under MCR 2.107(E); and(7) the circuit court's appeal fee, unless the appellant is indigent.(C) Answer. Any other party in the case may file, within 21 days of service of the application: (1) a signed answer to the application conforming to MCR 7.212(D), and(2) proof that a copy was served on all other parties.(D) Reply. Within 7 days after service of the answer, the appellant may file a reply brief that conforms to MCR 7.212.(E) Decision (1) There is no oral argument unless directed by the court.(2) Absent good cause, the court shall decide the application within 35 days of the filing date.(3) The court may grant or deny leave to appeal or grant other relief. The court shall promptly serve a copy of the order on the parties and the trial court or agency.(4) If an application is granted, MCR 7.104 governs further proceedings, except that:(a) the filing of a claim of appeal is not required,(b) the appellant must complete the acts required by MCR 7.104(D) and (E) within 7 days after the entry of the order granting leave to appeal, and(c) an appellee may file a claim of cross appeal within 14 days after service of the order granting leave to appeal.(5) Unless otherwise ordered, the appeal is limited to the issues raised in the application.(F) Immediate Consideration. When an appellant requires a decision on an application in fewer than 35 days, the appellant must file a motion for immediate consideration concisely stating why an immediate decision is required.(G) Late Appeal. (1) When an appeal of right or an application for leave was not timely filed, the appellant may file an application as prescribed under subrule (B) accompanied by a statement of facts explaining the delay. The answer may challenge the claimed reasons for the delay. The circuit court may consider the length of and the reasons for the delay in deciding whether to grant the application.(2) A late application may not be filed more than 6 months after entry of:(a) the order, judgment, or decision appealed;(b) an order denying a motion for a new trial, a motion for rehearing or reconsideration, or a motion for other relief from the judgment, order, or decision, if the motion was timely filed; or(c) an order denying a motion for new trial under MCR 6.610(H) or a motion to withdraw a plea under MCR 6.610(F)(8).Amended May 3, 2023, effective 5/3/2023.