Rule 7.205 - Application for Leave to Appeal(A) Time Requirements. The time limit for an application for leave to appeal is jurisdictional. See MCR 7.203(B). The provisions of MCR 1.108 regarding computation of time apply. For purposes of this subrule, "entry" means the date a judgment or order is signed, or the date that data entry of the judgment or order is accomplished in the issuing tribunal's register of actions. (1) Except as otherwise provided in this rule, an application for leave to appeal must be filed within: (a) 21 days after entry of the judgment or order to be appealed from or within other time as allowed by law or rule; or(b) 21 days after entry of an order deciding a motion for new trial, a motion for rehearing or reconsideration, or a motion for other relief from the order or judgment appealed, if the motion was filed within the initial 21-day appeal period or within further time the trial court has allowed for good cause during that 21-day period.(2) In a criminal case involving a final judgment or final order entered in that case, an application for leave to appeal filed on behalf of the defendant must be filed within the later of:(a) 6 months after entry of the judgment or order; or(b) 42 days after: (i) an order appointing appellate counsel or substitute counsel, or denying a request for appellate counsel, if the defendant requested counsel within 6 months after entry of the judgment or order to be appealed;(ii) the filing of transcripts ordered under MCR 6.425(G)(1)(f), if the defendant requested counsel within 6 months after entry of the judgment or order to be appealed;(iii) the filing of transcripts ordered under MCR 6.433, if the defendant requested the transcripts within 6 months after entry of the judgment or order to be appealed;(iv) an order deciding a timely filed motion to withdraw plea under MCR 6.310(C), motion for directed verdict under MCR 6.419(C), motion to correct an invalid sentence under MCR 6.429(B), or motion for new trial under MCR 6.431(A); or(v) an order deciding a timely filed motion for reconsideration of an order described in subrule (A)(2)(b)(iv).A defendant relying on subrule (A)(2)(b) must provide a statement, supported by relevant documentation, explaining how the application meets the requirements of the subrule.
(3) In an appeal from an order terminating parental rights, an application for leave to appeal must be filed within 63 days, as provided by MCR 3.993(C)(2).(4) Delayed Application for Leave to Appeal. (a) For appeals governed by subrule (A)(1), when an application is not filed within the time provided by that subrule, a delayed application for leave to appeal may be filed within 6 months of the entry of a judgment or order described in that subrule.(b) For appeals governed by subrule (A)(1) or (2), if the Court of Appeals dismisses a claim of appeal for lack of jurisdiction, a delayed application for leave to appeal may also be filed within 21 days of the entry of the dismissal order or an order denying reconsideration of that order, provided that: (i) the delayed application is taken from the same lower court judgment or order as the claim of appeal, and(ii) the claim of appeal was filed within the applicable time period in subrule (A)(1) or (2). A delayed application under this rule must contain a statement of facts explaining the reasons for delay. The appellee may challenge the claimed reasons in the answer. The court may consider the length of and the reasons for delay in deciding whether to grant the delayed application.
(5) In a criminal case, except as provided in subrule (4)(b), the defendant may not file an application for leave to appeal from a judgment of conviction and sentence if the defendant has previously taken an appeal from that judgment by right or leave granted or has sought leave to appeal that was denied.(B) Manner of Filing. To apply for leave to appeal, the appellant must file with the clerk: (1) an application for leave to appeal stating the date and nature of the judgment or order appealed from; concisely reciting the appellant's allegations of error and the relief sought; setting forth a concise argument, conforming to MCR 7.212(B) and (C), in support of the appellant's position on each issue; and, if the order appealed from is interlocutory, setting forth facts showing how the appellant would suffer substantial harm by awaiting final judgment before taking an appeal;(2) the judgment or order appealed from; the register of actions of the lower court, tribunal, or agency, of the opinion or findings of the lower court, tribunal, or agency; and any opinion or findings reviewed by the lower court, tribunal, or agency;(3) if the appeal is from an administrative tribunal or agency, or from a circuit court on review of an administrative tribunal or agency, evidence that the tribunal or agency has been requested to send its record to the Court of Appeals;(4) a copy of certain transcripts, as follows:(a) in an appeal relating to the evidence presented at 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 from the circuit court after an appeal from another court, the transcript of proceedings in the court reviewed by the circuit court;(c) in an appeal challenging jury instructions, the transcript of the entire charge to the jury;(d) 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;(e) in an appeal from an order granting or denying a new trial, such portion of the transcript of the trial as, in relation to the issues raised, permits the court to determine whether the trial court's decision on the motion was for a legally recognized reason and based on arguable support in the record;(f) in an appeal raising a sentencing issue, the transcript of the sentencing proceeding and the transcript of any hearing on a motion relating to sentencing;(g) in an appeal raising any other issue, such portion of the transcript as substantiates the existence of the issue, objections or lack thereof, arguments of counsel, and any comment or ruling of the trial judge. If the transcript is not yet available, or if there is no record to be transcribed, the appellant must file a copy of the certificate of the court reporter or recorder or a statement by the appellant's attorney as provided in MCR 7.204(C)(2). As soon as the transcript is available, the appellant must file it with the Court of Appeals.
(5) proof that a copy of the filed documents was served on all other parties; and(C) Answer. Any other party in the case may file with the clerk, within 21 days of service of the application, (1) an answer to the application conforming to MCR 7.212(B) and (D), except that transcript page references are not required unless a transcript has been filed; and(2) proof that a copy was served on the appellant and any other appellee.(D) Reply. A reply brief may be filed as provided by MCR 7.212(G).(E) Decision. (1) There is no oral argument. The application is decided on the documents filed and, in an appeal from an administrative tribunal or agency, the certified record.(2) The court may grant or deny the application, enter a final decision, grant other relief, or request additional material from the record.(3) If an application is granted, the case proceeds as an appeal of right, except that the filing of a claim of appeal is not required and the time limits for the filing of a crossappeal and for the taking of the other steps in the appeal, including the filing of the docketing statement (28 days), and the filing of the court reporter's or recorder's certificate if the transcript has not been filed (14 days), run from the date the order granting leave is certified.(4) Unless otherwise ordered, the appeal is limited to the issues raised in the application and supporting brief.(F) Expedited Decision. When a party requires a decision on an application by a date certain, the party may file a motion for immediate consideration of the application as provided in MCR 7.211(C)(6). When a motion for immediate consideration is filed, the time for submission of the application and motion is governed by MCR 7.211(C)(6). In all other respects, submission, decision, and further proceedings are as provided in subrule (E). Rule 7.205 amended May 7, 2014, effective immediately; further amended effective 3/9/2016; last amended effective 6/21/2017; amended effective 3/21/2018; amended effective 5/1/2018; amended August 30, 2018, effective 9/1/2018; amended September 23, 2020, effective 1/1/2021;amended May 5, 2021, effective 9/1/2021.