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Michigan Notice of Appeal

A circuit court judgment is appealed by claim filed directly with the Court of Appeals clerk, not the circuit court, while a district court judgment is appealed to the circuit court itself.

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Introduction

In Michigan, a claim of appeal from a final civil judgment must be filed within 21 days, and the clock runs from entry of the judgment or order, meaning the date it is signed or the date it is entered in the issuing court's register of actions, not the date it is served on the parties (MCR 7.204(A)(1); MCR 7.104(A)(1)). The same 21-day, entry-triggered period applies whether the judgment came from a circuit court or a district court. The 21 days restarts, running again from entry of the order deciding the motion, if a party files a timely postjudgment motion for new trial, rehearing, reconsideration, or other relief from the judgment, but only if that motion was itself filed within the original 21 days, or further time the trial court allowed for good cause during that period (MCR 7.204(A)(1)). Outside that restart, no court may extend the deadline: MCR 7.208(C)(1) bars the trial court from extending the time for filing a claim of appeal, for paying the entry fee, or from allowing a delayed appeal. If the order was not served on the appellant within the time MCR 2.602 states, the claim may instead be filed within 14 days of actual service, supported by an affidavit, with the opposing party given 14 days to object (MCR 7.204(A)(3)). Missing the 21 days otherwise leaves only a discretionary application for leave to appeal under MCR 7.203(B)(5), which is not guaranteed. Where the claim is filed depends on which court entered the judgment. From a circuit court or Court of Claims judgment, the claim and entry fee must be filed directly with the clerk of the Court of Appeals, not the circuit court, to vest the Court of Appeals with jurisdiction, and the appellant must also separately file a copy of the claim, any trial court fee, and any bond in the circuit court within the same 21 days (MCR 7.204(B), (E)). From a district court or municipal court judgment, the claim is filed instead with the clerk of the circuit court, which hears the appeal itself (MCR 7.104(B)). Filing the claim does not by itself stop the other side from collecting on the judgment. Enforcement is generally held off only until the time for taking an appeal expires, or ends immediately if the appeal is filed (MCR 7.209(E)(1)); after that, the appeal does not stay the judgment unless the trial court or the Court of Appeals orders otherwise (MCR 7.209(A)(1)). An automatic stay of a money judgment requires a bond of at least 110 percent of the judgment (MCR 7.209(E)(2)(a)). A Michigan appeal reviews the trial court record for legal error; it is not a new trial, and most small claims judgments cannot be appealed at all. This page covers a civil appeal from a circuit court or district court final judgment. Criminal appeals, agency decisions, federal court judgments, and interlocutory orders follow different procedures and are outside this page. Attorney review is available before you file.

Key Things to Know

  1. 1

    A Michigan claim of appeal is due 21 days after entry of the judgment or order, whether the judgment came from a circuit court or a district court (MCR 7.204(A)(1); MCR 7.104(A)(1)). The 21 days restarts, running again from entry of the order deciding the motion, only if a party files a timely postjudgment motion for new trial, rehearing, reconsideration, or other relief within the original 21 days, or further time the trial court allowed for good cause during that period (MCR 7.204(A)(1)).

  2. 2

    No court may extend the 21-day deadline itself. MCR 7.208(C)(1) bars the trial court from extending the time to file a claim of appeal, to pay the entry fee, or to allow a delayed appeal. The narrow exception is a claim filed within 14 days of actual service, with an affidavit, when the order was not served within the time MCR 2.602 requires (MCR 7.204(A)(3)); otherwise, missing the deadline leaves only a discretionary application for leave to appeal under MCR 7.203(B)(5).

  3. 3

    A claim of appeal from a circuit court or Court of Claims judgment must be filed directly with the clerk of the Court of Appeals, not the circuit court, to vest the Court of Appeals with jurisdiction. The appellant must separately file a duplicate set of the claim, any trial court fee, and any bond in the circuit court within the same 21 days (MCR 7.204(B), (E)).

  4. 4

    A claim of appeal from a district court or municipal court judgment is filed instead with the clerk of the circuit court, which hears the appeal itself rather than the Court of Appeals (MCR 7.104(B)).

  5. 5

    Michigan Court Rule 7.204(D) requires the claim to be substantially in the form the rule sets out. SCAO-approved Form MC 55, Claim of Appeal (Rev. 9/23), is the official form; it is approved rather than mandatory. A Jurisdictional Checklist is filed with the claim (MCR 7.204(C)), and for a Court of Appeals claim a Docketing Statement is due within 28 days after the claim is filed (MCR 7.204(H)(1)).

  6. 6

    Filing a claim of appeal with the Court of Appeals costs $375, paid once even if multiple parties appeal the same judgment (MCL 600.321(1)(a); confirm the current fee with the clerk). A claim from a district, probate, or municipal court judgment costs $150 to the circuit court clerk, plus an additional $25 if that circuit court appeal is later taken further (MCL 600.2529(1)(b), (g); confirm the current fee with the clerk). A fee waiver is available by motion (MCL 600.321(4)).

  7. 7

    A Michigan small claims judgment entered by a district court judge generally cannot be appealed at all (MCR 4.305(B)). If a district court magistrate, not a judge, decided the case, either party gets a de novo appeal of right to a district court judge within 7 days after entry of the decision, and that judge's ruling is then final with no further appeal (MCL 600.8427).

Key decisions before you file

Before you file a Notice of Appeal in Michigan, a few decisions shape the document: which option to choose and what each one means. The Notice of Appeal guide walks through them.

Open the Notice of Appeal guide

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Michigan Requirements for Notice of Appeal

  • 21-Day Deadline Runs From Entry

    A Michigan claim of appeal must be filed within 21 days after entry of the judgment or order, whether from a circuit court or a district court, not from service on the parties (MCR 7.204(A)(1); MCR 7.104(A)(1)).

  • Restart Only for a Timely Postjudgment Motion

    The 21 days restarts from entry of the order deciding a postjudgment motion for new trial, rehearing, reconsideration, or other relief, but only if that motion was itself filed within the original 21 days, or further time the trial court allowed for good cause during that period (MCR 7.204(A)(1)).

  • Deadline Generally Cannot Be Extended

    MCR 7.208(C)(1) bars the trial court from extending the time to file a claim of appeal, to pay the entry fee, or to allow a delayed appeal. The narrow exception is a claim filed within 14 days of actual service, with an affidavit, when the order was not served within the time MCR 2.602 requires (MCR 7.204(A)(3)).

  • Circuit Court Claims File With the Court of Appeals

    A claim of appeal from a circuit court or Court of Claims judgment must be filed directly with the clerk of the Court of Appeals, not the circuit court, to vest the Court of Appeals with jurisdiction (MCR 7.204(B)).

  • Duplicate Filing Required in the Circuit Court

    Within the same 21 days, the appellant must also separately file a copy of the claim, any trial court fee, and any bond in the circuit court that entered the judgment (MCR 7.204(E)).

  • District Court Judgments Appeal to the Circuit Court

    A claim of appeal from a district or municipal court judgment is filed with the clerk of the circuit court, which hears the appeal itself rather than the Court of Appeals (MCR 7.104(B)).

  • Claim Substantially in the MCR 7.204(D) Form

    MCR 7.204(D) requires the claim to be substantially in the form the rule sets out, stating that the named appellant claims an appeal from the judgment or order entered on a stated date by a named judge. SCAO-approved Form MC 55, Claim of Appeal, is the official form, approved rather than mandatory.

  • Entry Fee and Fee Waiver

    Filing with the Court of Appeals costs $375, paid once even for multiple appealing parties (MCL 600.321(1)(a)); a claim from a district, probate, or municipal court judgment costs $150 to the circuit court clerk, plus $25 if later taken further (MCL 600.2529(1)(b), (g)). A fee waiver is available by motion (MCL 600.321(4)).

  • Small Claims Judgments Are Rarely Appealable

    MCR 4.305(B) bars an appeal from a small claims judgment entered by a district court judge. If a magistrate decided the case, either party gets a de novo appeal of right to a district court judge within 7 days after entry, with no further appeal available (MCL 600.8427).

Frequently Asked Questions