MCR Appellate Court Rules

APPELLATE RULES
MICHIGAN COURT RULES OF 1985

Subchapter 7.100 Appeals to Circuit Court

Rule 7.101 Procedure Generally
(A) Applicability; Scope.
(1) This rule applies to appeals to the circuit court from the district court and 
probate court, each referred to as "trial court" in MCR 7.101 and 7.103. The 
term "circuit court" includes the Recorder's Court of the City of Detroit as to 
appeals of which that court has jurisdiction. In appeals from probate court, the 
term "clerk" refers to the probate register. 
(2) An order or judgment of a trial court reviewable in the circuit court may be 
reviewed only by an appeal. 
(3) This rule does not restrict or enlarge the right of review provided by law or 
make an order or judgment reviewable if it is not otherwise reviewable. 
(B) Time for Taking Appeal.
(1) Appeal of Right. Except when another time is prescribed by statute or court 
rule, an appeal of right must be taken within 
(a) 21 days after the entry of the order or judgment appealed from; or
(b) 21 days after the entry of an order denying a motion for new trial or 
judgment notwithstanding the verdict, a motion for rehearing or 
reconsideration, or a motion for other postjudgment relief, if the motion 
was filed within the original 21-day period. A motion for rehearing or 
reconsideration of a motion mentioned in subrule (B)(1)(b) does not extend 
the time for filing a claim of appeal, unless the motion for rehearing or 
reconsideration was itself filed within the 21-day period.
A motion for rehearing or reconsideration of a motion mentioned in subrule 
(B)(1)(b) does not extend the time for filing a claim of appeal, unless the 
motion for rehearing or reconsideration was itself filed within the 21-day period.
(2) Appeal by Leave. When an appeal of right is not available, or the time for 
taking an appeal of right has passed, the time for filing an application for leave 
to appeal is governed by MCR 7.103.
(C) Manner of Taking Appeal; Appeal of Right.
(1) Claim of Appeal. To appeal of right, within the time for taking an appeal, an 
appellant must file a claim of appeal with the circuit court clerk and pay the fee, 
if required by law. The parties are named in the same order as they appeared in 
the trial court, but with the added designation "appellant" or "appellee." The 
claim must state:
"[Name of aggrieved party] claims an appeal from the [judgment or order] 
entered [date] in [name of the trial court]." 
The appellant or the appellant's attorney must date and sign the claim of appeal 
and place his or her business address and telephone number under the 
signature.
(2) Other Requirements. In addition to doing the acts required by subrule 
(C)(1), no later than the time the claim of appeal is filed, the appellant must do 
the following: 
(a) File in the trial court copies of the claim of appeal and of the judgment 
or order appealed from;
(b) File in the trial court a bond for costs on appeal unless the appellant has 
filed a stay bond that includes security for costs or unless the appellant is 
exempt or excused from filing a bond or bond is waived under MCR 
3.604(L). This subrule does not, however, apply to civil infraction actions, 
criminal cases, or summary proceedings for the possession of premises.
(i) The bond must be in the amount of $200, unless the trial court sets 
another amount.
(ii) The bond must have at least one surety, unless the court excuses 
this requirement under MCR 3.604(L).
(iii) The bond must be on the condition that the appellant will pay the 
costs under subrule (O) and the damages under subrule (P) awarded on 
appeal.
(iv) Objections to the bond or surety are governed by MCR 3.604.
(c) Deliver or deposit money, property, or documents and do other acts 
required by law.
(d) Order in writing a copy of the full transcript and secure payment for it. 
On the appellant's motion, with notice to the appellee, the trial court may 
order that a lesser portion, or none, of the proceedings be transcribed. The 
appellee may file with the trial court a transcript of a portion of the 
proceedings not filed by the appellant. Except in appeals that the circuit 
court hears de novo, if a transcript of relevant proceedings cannot be 
obtained, the appellant may initiate procedures for preparation of a settled 
record in the manner provided in MCR 7.210(B)(2).
(e) File in the trial court exhibits in the appellant's possession.
(3) Notice and Proof of Service. Within 7 days after the claim of appeal is filed, 
the appellant must serve on the appellee and on any other person entitled by 
rule or statute to notice of the appeal:
(a) a copy of the claim of appeal;
(b) a statement specifying
(i) when an appeal bond, if any, was filed, the amount of the bond, and 
the sureties,
(ii) when the required fees were paid,
(iii) when an act was performed under subrule (C)(2)(c) and the nature 
of the act;
(c) a copy of the reporter's or recorder's certificate showing that
(i) the transcript has been ordered and payment secured, with the 
estimated date of completion,
(ii) the transcript has been furnished, or
(iii) there is no record to be transcribed.
Proof of service, the reporter's or recorder's certificate, and the required statement 
must be filed in the trial court and the circuit court.
(D) Appellee's Appearance; Cross Appeal.
(1) Notice of Appearance. Within 14 days after being served with the claim of
appeal, the required statement, and the reporter's or recorder's certificate, the 
appellee must file an appearance in the trial court and circuit court and file 
exhibits in his or her possession with the trial court clerk.
(2) Cross Appeal. The appellee may take a cross appeal by filing a claim of 
cross appeal with his or her appearance. The provisions of this rule regarding 
an appeal govern a cross appeal.
(E) Effect of Appeal. The circuit court clerk shall assign a file number to an appeal 
when it is filed. The trial court retains jurisdiction until the trial court clerk sends 
the record to the circuit court clerk under subrule (F).
(F) Record on Appeal.
(1) Within 28 days after filing the claim of appeal, the appellant must file with 
the trial court the transcript or a copy of the reporter's or recorder's certificate 
and a statement that the transcript is not yet available.
(2) After the appellant makes the filing under subrule (F)(1), the clerk or 
register of the trial court shall
(a) ensure that the docket entries are correct and ready for transmittal;
(b) ensure that all exhibits have been filed;
(c) ensure that all relevant documents and papers from the court file are 
ready for transmittal; and
(d) determine that the required fees have been paid and required bond 
filed.
(3) If the record is ready for transmittal, the court shall sign an order 
transmitting the record. The trial court may eliminate exhibits from the record.
(4) If the transcript is not yet available, the trial court shall postpone 
transmittal of the record, enter an order to facilitate the preparation of the 
record, and notify the circuit court of the postponement and of the estimated 
date of transmittal.
(5) The trial court clerk must send the record to the circuit court clerk and 
notify the parties of the transmittal.
(G) Dismissal of an Appeal. If an appellant does not comply with subrule (C)(2) or 
(F)(1), the appeal may be considered abandoned, and the trial court may dismiss 
the appeal on 7 days' notice to the parties, unless the trial court or circuit court has 
granted a motion for further time. The trial court clerk must promptly notify the 
circuit court of a dismissal, and the circuit court shall dismiss the claim of appeal. 
Compliance with subrule (F)(1) after the 28-day period does not preclude dismissal 
of the appeal unless the appellant shows a reasonable excuse for the late 
compliance.
(H) Stay of Proceedings.
(1) Civil Actions.
(a) Unless otherwise provided by rule or ordered by the trial court, an 
execution may not issue and proceedings may not be taken to enforce an 
order or judgment until the expiration of the time for taking an appeal 
under subrule (B).
(b) An appeal does not stay execution unless
(i) the appellant files a stay bond to the opposing party as provided by 
this rule or by law; or
(ii) the appellant is exempted by law from filing a bond or is excused 
from filing a bond under MCL 600.2605 or MCR 3.604(L) and the trial 
court grants a stay on motion.
(iii) a party appeals a trial court’s denial of the party’s claim of
governmental immunity, and the appeal is pending.
(c) The stay bond must be set by the trial court in an amount adequate to 
protect the opposing party. If the appeal is by a person against whom a 
money judgment has been entered, it must be not less than 1 1/4 times the 
amount of the judgment. The bond must:
(i) recite the names and designations of the parties and the judge in the 
trial court, identify the parties for whom and against whom judgment 
was entered, and state the amount recovered;
(ii) contain the conditions that the appellant
(A) will diligently prosecute the appeal to a decision and, if a 
judgment is rendered against him or her, will pay the amount of the 
judgment, including costs and interest;
(B) will pay the amount of the judgment, if any, rendered against 
him or her in the trial court, including costs and interest, if the 
appeal is dismissed;
(C) will pay any costs assessed against him or her in the circuit 
court; and
(D) will perform any other act prescribed in the statute authorizing 
appeal; and
(iii) be executed by the appellant with one or more sufficient sureties as 
required by MCR 3.604.
If the appeal is from a judgment for the possession of land, the bond must 
include the conditions provided in MCR 4.201(N)(4).
(d) Unless otherwise provided in this rule, the filing of a bond stays all 
further proceedings in the trial court under the order or judgment appealed 
from. If an execution has issued, it is suspended by giving notice of the 
bond to the officer holding the execution.
(2) Probate Proceedings.
(a) The probate court has continuing jurisdiction to decide other matters 
arising out of a proceeding in which an appeal is filed.
(b) A stay in an appeal from the probate court is governed by MCL 600.867 
and MCR 5.802(C).
(3) Civil Infractions. An appeal bond and stay in a civil infraction proceeding is 
governed by MCR 4.101(G).
(4) Criminal Cases. Unless a bond pending appeal is filed with the trial court, a 
criminal judgment may be executed immediately even though the time for 
taking an appeal has not elapsed. The granting of bond and the amount of it 
are within the discretion of the trial court, subject to the applicable laws and 
rules on bonds pending appeals in criminal cases.
(5) Request for Stay Filed in Circuit Court. If a request for a stay pending 
appeal is filed in the circuit court, the court may condition a stay on the filing of 
a new or higher bond than otherwise required by these rules with appropriate 
conditions and sureties satisfactory to the court.
(I) Filing and Service of Briefs.
(1) Within 21 days after the trial court clerk notifies the parties that the record 
on appeal has been sent to the circuit court, the appellant must file a brief in 
the circuit court and serve it on the appellee. The appellee may file and serve a 
reply brief within 21 days after the appellant's brief is served on the appellee. 
The appellant's brief must comply with MCR 7.212(B) and (C), and the 
appellee's brief must comply with MCR 7.212(B) and (D).
(2) Before the brief is due, a party may withdraw the transcript and exhibits by 
giving the clerk a written receipt for them. A party may use them only to 
prepare the brief and must return them to the clerk when the party is finished. 
The court may order their return by a specified date.
(J) Dismissal for Failure to File Brief. If an appellant does not file a brief within the 
time provided by subrule (I)(1) and neither the trial court nor the circuit court has 
granted a motion for further time, the appeal may be considered abandoned, and 
the circuit court may dismiss the appeal on 7 days' notice to the parties. The circuit 
court clerk must promptly notify the trial court of a dismissal. Compliance with 
subrule (I)(1) after the 21-day period does not preclude dismissal of the appeal 
unless the appellant shows a reasonable excuse for the late filing.
(K) Oral Argument. A party who has filed a timely brief is entitled to oral argument 
by writing "ORAL ARGUMENT REQUESTED" in boldface type on the title page of the 
party's brief.
(L) Setting for Hearing. Within 14 days after the appellee's brief is filed or within 14 
days after the time for filing it has expired, the circuit court clerk shall
(1) schedule the case for argument and notify the parties by mail, if a party has 
requested oral argument; or
(2) if no party has requested oral argument, submit the file to the judge to 
whom the appeal is assigned for decision.
(M) Judgment in Circuit Court; Process. After the appeal is decided or dismissed, 
the circuit court clerk shall promptly send to the trial court clerk a copy of the 
judgment, order, or opinion entered in the circuit court and all documents 
previously received from the trial court. The trial court issues further process.
(N) Control of Appeal Process.
(1) If the trial court postpones transmittal of the record or transmittal is 
otherwise delayed, the circuit court may on its own initiative exercise 
superintending control over the trial court, the court reporter or recorder, or 
other personnel to prevent delay.
(2) The circuit court may on the appellee's motion or its own initiative issue an 
order to show cause why the appeal should not be dismissed. An order to show 
cause is not required for a dismissal under subrules (G) or (J).
(3) A party may obtain interlocutory review of the appellate process by filing a 
motion in the circuit court under the rules governing motion practice.
(4) The circuit court may accelerate the appellate process on a party's motion.
(O) Costs. Costs in an appeal to the circuit court may be taxed as provided in MCR 
2.625. A prevailing party may tax only the reasonable costs incurred in the appeal, 
including:
(1) the cost of an appeal or stay bond;
(2) the transcript;
(3) documents required for the record on appeal;
(4) fees paid to the clerk or to the trial court clerk incident to the appeal;
(5) taxable costs allowed by law in appeals to the Supreme Court (MCL 
600.2441); and
(6) other expenses taxable under applicable court rules or statutes.
(P) Vexatious Proceedings.
(1) The circuit court may, on its own initiative or the motion of a party, dismiss 
an appeal, assess actual and punitive damages, or take other disciplinary action 
when it determines that an appeal or any of the proceedings in an appeal was 
vexatious because
(a) the appeal was taken for purposes of hindrance or delay or without any 
reasonable basis for belief that there was a meritorious issue to be 
determined on appeal; or
(b) a pleading, motion, argument, brief, document, or record filed in the 
case or any testimony presented in the case was grossly lacking in the 
requirements of propriety, violated court rules, or grossly disregarded the 
requirements of a fair presentation of the issues to the court.
(2) Damages may not exceed actual damages and expenses incurred by the 
opposing party because of the vexatious appeal or proceedings, including 
reasonable attorney fees, and punitive damages in an added amount not 
exceeding actual damages.

Rule 7.102 Appeals From Municipal Courts
(A) Time for Taking Appeal. To appeal of right from a municipal court, an appellant 
must comply with MCR 7.101(B) and (C)(1).
(B) Procedure on Appeal. Except when inapplicable because of subrule (C), MCR 
7.101 governs procedure on appeal.
(C) Review in Circuit Court. Review in the circuit court is a retrial of the issues on 
evidence introduced in the circuit court. Depositions in the trial court may be used. 
The circuit court may render any judgment or enter any order that should have 
been rendered or entered in the trial court, and may grant other relief as may be 
required for the just disposition of the appeal.


Rule 7.103 Application for Leave to Appeal
(A) Availability. The circuit court may grant leave to appeal from a trial court or 
municipal court when
(1) no appeal of right exists, or
(2) the time for taking an appeal under MCR 7.101(B)(1) has expired.
(B) Procedure.
(1) Except when another time is prescribed by statute or court rule, an 
application for leave to appeal must be filed within 21 days after the entry of 
the judgment or order appealed from.
(2) The application must state the grounds for the appeal and describe the 
proceedings in the trial court.
(3) A copy of the application must be filed with the trial court and served on the 
appellee. If service cannot reasonably be accomplished, the appellant may ask 
the circuit court to prescribe service under MCR 2.107(E).
(4) The application must be noticed for hearing in the circuit court at least 14 
days after its filing. The circuit court may shorten the notice period on a 
showing of a need for immediate consideration.
(5) The circuit court shall consider the merit of the grounds for the appeal and 
enter an order granting or denying leave to appeal.
(6) An application under subrule (A)(2) or an application that is not timely 
under subrule (B)(1), must be accompanied by an affidavit explaining the 
delay. The circuit court may consider the length of and the reasons for the 
delay in deciding whether to grant the application. A delayed application may 
not be filed more than 6 months after entry of the order or judgment on the 
merits.
(C) Leave to Appeal Granted. Immediately after an order granting leave to appeal is 
entered, the appellant must file a copy with the trial court and serve a copy on the 
appellee. MCR 7.101 governs further proceedings, except that:
(1) the appellant must perform the acts required by MCR 7.101(C) within 7 
days after the entry of the order granting leave to appeal; however, filing and 
service of a claim of appeal are not required;
(2) an appellee may file a claim of cross appeal within 14 days after service of 
the order granting leave to appeal; and
(3) the appellant must perform the acts required by MCR 7.101(F)(1) within 28 
days after the entry of the order granting leave to appeal.

Rule 7.104 Appeals From Administrative Agencies
(A) Appeals Under MCL 600.631. An appeal in the circuit court under MCL 600.631 
is governed by MCR 7.101 and 7.103, except that the bond requirements do not 
apply.
(B) Appeals Under Michigan Employment Security Act.
(1) To obtain review of an order or decision of the Michigan Employment 
Security Board of Review, a party must file in the circuit court
(a) a claim of appeal within 30 days after the mailing to the party of the 
board of review's decision (see MCR 7.101[C][1]); and
(b) proof that a copy was served on the board of review and all interested 
parties.
The board of review is not an appellee. The timely filing of the claim of appeal 
constitutes the taking of an appeal. Failure to take any further steps to pursue the 
appeal is governed by MCR 7.101(G), (J), and (N).
(2) Within 14 days after service of the claim of appeal, the appellee must file an 
appearance in the circuit court. A cross appeal may be filed with the 
appearance. See MCR 7.101(D).
(3) Within 42 days after the claim of appeal is served on the board of review or 
within further time the circuit court allows, the board of review must send to 
the circuit court clerk a certified copy of the record of proceedings before the 
referee and the board of review and notify the parties of the transmittal.
(4) The appeal is heard by the circuit court on the certified record. Briefs and 
oral argument are governed by MCR 7.101(I), (K), and (L).
(5) Claimants under MCL 421.1 et seq., whose rights to unemployment 
compensation turn on the provisions of that act constitute a class for appeal to 
the circuit court under MCL 421.38 and any subsequent appeals. One or more 
claimants who will fairly ensure the adequate representation of all may sue or 
be sued on behalf of the class in proceedings under this subrule when the 
character of the rights sought to be enforced for the class is several, and there 
is a common question of law or fact affecting the several rights and a common 
relief is sought. Notice in writing, or other notice as the court directs, must be 
given to every member of the proposed class, setting forth the nature of the 
proposed class action, and clearly and specifically providing an opportunity to 
each member of the proposed class to notify in writing the representative that 
he or she declines to be included in the class. The declination constitutes a
reservation of the right to pursue one's own remedies individually and persons 
so declining may intervene as parties to the suit. MCR 3.501. The judgment in 
the suit is binding on all members of the class. An organization representing the 
claimants may pay the costs and fees of the proceedings. 
(C) Appeals From Michigan Civil Service Commission. An appeal from a decision of 
the Michigan Civil Service Commission is governed by the provisions for appeals 
from administrative agencies in the Administrative Procedures Act. MCL 24.201 et 
seq.
(D) Appeals From Michigan Parole Board.
(1) Venue. An application for leave to appeal a decision of the parole board may 
be filed only in the circuit court of the sentencing county, pursuant to MCL 
791.234(9). The prosecutor or the victim shall be designated the "appellant" 
and the prisoner shall be designated the "appellee." The parole board may 
intervene as an appellee. 
(2) Procedure. Except as otherwise provided in this rule, applications for leave 
to appeal are governed by MCR 7.103(B). 
(a) An application for leave to appeal may be filed within 28 days after the 
parole board mails to the prosecutor and the victim, if the victim has 
requested notification under MCL 780.771, a notice of action granting parole 
and a copy of any written opinion. Upon request, the prisoner, the 
prosecutor, and the victim may receive the parole eligibility report and any 
prior parole eligibility reports that are mentioned, and any parole guidelines 
that support the action taken. An order of parole shall not be issued under 
MCL 791.236 until 28 days after the mailing of the notice of action.
(b) A delayed application for leave to appeal may be filed under MCR 
7.103(B)(6).
(c) Timely service of an application for leave to appeal must be made on the 
parole board and the prisoner. When the victim is appealing, timely service 
of the application also must be made on the prosecutor. When the 
prosecutor is appealing, timely service of the application also must be made 
on the victim, if the victim has requested notification under MCL 780.771.
(i) The parole board shall be served by sending a copy of the application 
for leave to appeal and any supporting documents, by registered or 
certified mail, return receipt requested, to the parole board's office of 
record. A copy of the return receipt signed by an agent of the parole 
board must be attached to the proof of service.
(ii) The prosecutor shall be served by sending a copy of the application 
for leave to appeal and any supporting documents, by registered or
certified mail, return receipt requested, to the office of the prosecuting 
attorney of the sentencing county. A copy of the return receipt signed 
by an agent of the prosecutor must be attached to the proof of service.
(iii) The prisoner shall be served by sending a copy of the application for 
leave to appeal and any supporting documents, by registered or 
certified mail, return receipt requested, to the facility where the 
prisoner is incarcerated, with instructions to the person in charge of the 
facility, or a designee, to personally serve the prisoner. A copy of the 
return of service executed by the appropriate prison official must be 
filed with the clerk of the court.
In addition to the pleadings, service on the prisoner must include a 
notice, in a form approved by the State Court Administrative Office, 
advising the prisoner that
[A] the prisoner may respond to the application for leave to appeal 
by counsel or in propria persona, although no response is required; 
and 
[B] if an order of parole is issued under MCL 791.236 before 
completion of appellate proceedings, a stay may be granted in the 
manner provided by MCR 7.105(G), except that no bond is required.
(3) Decision to Grant Leave to Appeal.
(a) The circuit court shall determine promptly whether to grant leave to 
appeal.
(b) The circuit court must make its determination within 28 days after the 
application for leave to appeal is filed. If the court does not make a 
determination within that time, the court shall enter an order to produce the 
prisoner before the court for a show cause hearing to determine whether 
the prisoner should be released on parole pending disposition of the appeal.
(4) Leave to Appeal Granted. If leave to appeal is granted, the appeal is 
governed generally by MCR 7.103, except that 
(a) no bond is required;
(b) the expense of preparing and serving the parole board's evidentiary 
materials for the appeal may be taxed to a non-prevailing appellant, except 
that expenses may not be taxed to an indigent party;
(c) the record on appeal shall consist of the prisoner's central office file at 
the Department of Corrections, and any other documents considered by the 
parole board in reaching its decision. Within 14 days after being served with 
an order granting leave to appeal, the parole board shall send copies of the 
record to the circuit court and the other parties; and
(d) within 28 days after the parties receive a copy of the record, the 
appellant must file a brief in the circuit court and serve it on the appellee. 
The appellee may file and serve a reply brief within 21 days after the 
appellant's brief is served on the appellee.
(5) Burden of Proof. The burden shall be on the appellant to prove that the 
decision of the parole board was 
(a) in violation of the Michigan Constitution, a statute, an administrative 
rule, or a written agency regulation that is exempted from promulgation 
pursuant to MCL 24.207, or
(b) a clear abuse of discretion.
(6) Appeals to the Court of Appeals. An appeal of a circuit court decision is by 
application for leave to appeal to the Court of Appeals pursuant to MCR 7.205. 
The application shall be filed as an emergency appeal under MCR 7.205(E), and 
the Court of Appeals shall expedite its consideration of the matter. 
(7) Motion to Remand. On timely motion by a party, or on the court's own 
motion, the court may remand the matter to the parole board for an 
explanation of its decision. The parole board shall hear and decide the matter 
within 28 days of the date of the order, unless the board determines that an 
adjournment is necessary to obtain evidence or that there is other good cause 
for an adjournment. The time to file briefs on appeal under MCR 7.104(D)(4)(d) 
is tolled while the matter is pending on remand. 
(8) Parole Board Responsibility After Reversal or Remand. If a decision of the 
parole board is reversed or remanded, the board shall review the matter and 
take action consistent with the circuit court's decision within 28 days. If the 
circuit court order requires the board to undertake further review of the file or 
to reevaluate its prior decision, the board shall provide the parties with an 
opportunity to be heard. An appeal to the Court of Appeals does not affect the 
board's jurisdiction to act under this subsection. 

Rule 7.105 Appeals From Administrative Agencies in "Contested Cases"
(A) Definitions. As used in this rule:
(1) "Agency" means a state department, bureau, division, section, board, 
commission, trustee, authority or officer created by the constitution, statute, or 
agency action, from whose decision in a contested case an appeal to the circuit 
court is authorized by law. It does not include an agency in the legislative or 
judicial branches of government, the Governor, the Bureau of Workmen's 
Compensation, the Workers' Compensation Appeal Board, a Michigan 
employment security hearing referee, or the Michigan Employment Security 
Board of Review.
(2) "Contested case" means a proceeding including but not limited to 
ratemaking, price fixing, and licensing, in which determination of the legal 
rights, duties, or privileges of a named party is required by law to be made by
an agency after an opportunity for an evidentiary hearing. An appeal of one 
agency's decision to another agency is a continuous proceeding as though 
before a single agency.
(3) "Court" means the circuit court.
(4) "Decision" means either a final determination, opinion, or order of an 
agency in a contested case, or a preliminary, procedural, or intermediate 
agency action or ruling.
(B) Scope; Timeliness of Appeal from Decision or Order of Michigan Department of 
Corrections Hearing Division
(1) This rule governs an appeal to the circuit court from an agency decision in a 
contested case, except when a statute requires a different procedure. A 
petitioner intending to rely on a different procedure permitted by statute shall 
identify the statutory procedure in the petition for review. Failure to do so 
waives the right to use the different procedure.
(2) The court need not dismiss an action incorrectly initiated under some other 
rule, if it is timely filed and served as required by this rule and the applicable 
statute. Instead, leave may be freely given, when justice requires, to amend an 
appeal and a response to conform to the requirements of this rule and 
otherwise proceed under this rule.
(3) For purposes of appeal of a final decision or order issued by the hearings 
division of the Michigan Department of Corrections, if an application for leave to 
appeal the decision or order is received by the court more than 60 days after 
the date of delivery or mailing of notice of the decision on rehearing, and if the 
appellant is an inmate in the custody of the Michigan Department of Corrections 
and has submitted the application as a pro se party, the application shall be 
deemed presented for filing on the date of deposit of the application in the 
outgoing mail at the correctional institution in which the inmate is housed.  
Timely filing may be shown by a sworn statement which must set forth the date 
of deposit and state that first-class postage has been prepaid.  The exception 
applies to applications from decisions or orders of the hearings division 
rendered on or after March 1, 2010.
(C) Form; Content; Attachment of Decision. Judicial review of an agency decision in 
a contested case is initiated by filing, within the time required by the applicable 
statute, a document entitled "Petition for Review," conforming to the following 
form, content, and attachment requirements.
(1) Form.
(a) A petition for review is captioned in the circuit court, and shall otherwise 
conform to the requirements of MCR 2.113.
(b) The person aggrieved by the agency decision is the "petitioner" and is 
listed first in the caption. A person who seeks to sustain the decision of the 
agency is the "respondent." If there is no respondent, the caption may read 
"In re [name of petitioner or other identification of subject of the case]," 
followed by the name of the petitioner. Except when otherwise provided by 
law, the agency or another party to the contested case may become a 
respondent by promptly filing an appearance. 
(c) The petition for review must state:
"[Name of aggrieved party] petitions for review of the decision entered 
[date] by [name of agency]."
(d) The petitioner or petitioner's attorney, must date and sign the petition 
for review and place his or her business address and telephone number 
under the signature.
(2) Content. The petition for review must contain a concise statement of:
(a) the nature of the proceedings as to which review is sought, including the 
authority under which the proceedings were conducted, and any statutory 
authority for review;
(b) the facts on which venue is based;
(c) the grounds on which relief is sought, stated in as many separate 
paragraphs as there are separate grounds alleged;
(d) the relief sought.
(3) Attachment. The petitioner shall attach to the petition for review, as an 
exhibit, a copy of the agency decision of which review is sought, or explain why 
it is not attached.
(D) Service. Promptly after filing the petition for review, the petitioner shall serve 
true copies of the petition for review on the agency, the Attorney General, and all 
other parties to the contested case in the manner provided by MCR 2.107, and 
promptly file proof of service with the court.
(E) Interlocutory Review. A preliminary procedural or intermediate agency action or 
ruling is not immediately reviewable, except that a court may grant interlocutory 
review of a preliminary, procedural, or intermediate decision by an agency only on 
a showing that review of the final decision would not be an adequate remedy.
(1) A petition for review must be filed with the court within 14 days of the 
contested decision.
(2) The petition must follow the form, content, and attachment requirements of 
subrule (C), with the following additional requirements:
(a) the petition must be entitled "Petition for Interlocutory Review";
(b) the grounds for relief must set forth why review of the agency's final 
decision will not be an adequate remedy;
(c) the relief sought must include a prayer that the court grant leave to the
petitioner to file a petition for review.
(3) If the petition is granted by the court, the appeal thereafter proceeds under 
this rule in the same manner as appeals from final decisions, unless a particular 
provision of the rule specifically states otherwise.
(F) Answer. A respondent may file an answer to a petition for review. A court may 
require an answer.
(G) Stay of Enforcement.
(1) The filing of a petition for review does not stay enforcement of the decision 
or order of which review is sought. The court may order a stay on appropriate 
terms and conditions only:
(a) after hearing on the written motion for stay that is supported by 
affidavit and states with particularity the grounds therefor;
(b) on finding:
(i) that the applicant will suffer irreparable injury if a stay is not 
entered;
(ii) that the applicant has made a strong showing that it is likely to 
prevail on the merits;
(iii) that the public interest will not be harmed if a stay is granted; and
(iv) that the harm to the applicant in the absence of a stay outweighs 
the harm to other parties to the proceedings if a stay is granted; and
(c) on the filing by the applicant of a bond in the amount required by any 
applicable statute authorizing the appeal or, in the absence of a statute, in 
an amount and with sureties the court may deem adequate to protect the 
public and other parties, conditioned:
(i) to prosecute the review to a decision and to obey and act in 
accordance with the decision or order as may be rendered by the court;
(ii) to obey and act in accordance with the order or decision if it is not 
set aside or revised.
(2) The court may grant a temporary stay of enforcement without written notice 
to the respondent only if it clearly appears from specific facts shown by affidavit 
that immediate and irreparable injury will result if a stay is not entered before 
the respondent can be heard and only if the petitioner's attorney certifies to the 
court in writing that efforts have been made to contact the respondent and the 
respondent's attorney, if known, and stating that those efforts were 
unsuccessful. The court may use an appropriate method to communicate with a 
respondent regarding an application for stay of enforcement without written 
notice.
A temporary stay may be granted by the court only until a hearing on a motion or 
order to show cause required by subrule (G)(1). A hearing on a motion to dissolve a 
temporary stay will be heard on 24 hours' notice, or less on order of the court for 
good cause shown, and takes precedence over all matters except previously filed 
matters of the same character.
(3) An order granting a stay of enforcement is subject to the requirements, 
procedures, and limitations of MCR 3.310(C), (F), and (G).
(4) For the purpose of subrule (G), the agency shall be considered a 
respondent, whether or not it has filed an appearance.
(H) Stipulations. The parties may stipulate in writing regarding any matter relevant 
to the petition for review or the record below or any part of the record if the 
stipulation is made part of the record and transmitted to the court.
(I) Additional Evidence. An application to present proofs of alleged irregularity in 
procedure before the agency, or to allow the taking of additional evidence before 
the agency, is timely only if it is filed with or included in the petition for review. The 
petitioner shall promptly notice the request for hearing in the manner for notice of 
hearing of motions. If the court orders the taking of additional evidence, the time 
for filing briefs is stayed until the taking of the evidence is completed.
(J) Motion to Dismiss or Affirm or for Peremptory Reversal.
(1) In addition to any other relief available under this rule, the respondent may 
file a motion to dismiss or affirm accompanied by a brief in support of it. When 
appropriate, a motion to affirm may be joined in the alternative with a motion 
to dismiss.
(2) A motion to dismiss an appeal may be made by a respondent on the ground 
that:
(a) the appeal is not within the jurisdiction of the court;
(b) the appeal was not taken or pursued in conformity with the rules, or a 
special statutory review procedure;
(c) the petitioner has failed to exhaust administrative remedies;
(d) the appeal is moot.
(3) A motion to affirm may be made by a respondent on the ground that:
(a) it is manifest that the question or questions sought to be reviewed on 
which the decision of the case depends are so unsubstantial as to need no 
argument or formal submission;
(b) the question or questions sought to be reviewed were not timely or 
properly raised, if the petitioner is required by law to have raised the 
question or questions at an earlier time.
(4) The petitioner may file a motion for peremptory reversal on the ground that 
error requiring reversal is so manifest that an immediate reversal of the 
judgment or order appealed from should be granted without formal argument 
or submission.
(5) A party has 14 days after service of a motion to dismiss, to affirm, or for 
peremptory reversal in which to file a brief opposing the motion.
(6) On the filing of the brief in opposition to a motion to dismiss, to affirm, or 
for peremptory reversal, or after the expiration of the time for filing the brief, 
whichever is earlier, the clerk shall submit the motion and briefs for decision by 
the court. After consideration of the motion, the court shall enter an appropriate 
order. Unless otherwise ordered by the court, the filing of a motion to dismiss, 
to affirm, or for peremptory reversal does not extend the time for taking any 
steps required by this rule.
(K) Briefs and Arguments.
(1) Within 28 days after the record is filed with the court (see MCL 24.304[2]), 
the petitioner shall file with the court its brief, in the form provided in MCR 
7.212(B) and (C), serve a copy on all respondents, and promptly file proof of 
that service with the court. Within 28 days after petitioner's brief is served, 
each respondent shall file with the court its brief, in the form provided in MCR 
7.212(B) and (D), serve a copy on all other parties, and promptly file proof of 
that service with the court. The petitioner may file and serve a reply brief within 
14 days after service of the respondent's brief. A 28-day extension of the time 
for filing a brief may be obtained on written stipulation of the parties or by 
order of the court. Further extension of time for filing of a brief can be obtained 
only on order of the court on motion for cause shown.
(2) If a party does not timely serve its brief, the court may, after notice and 
opportunity to respond, enter an appropriate order, including dismissal of a 
petition for review, or affirmance or reversal of the decision appealed from.
(3) A party who files a timely brief is entitled to oral argument by writing "ORAL 
ARGUMENT REQUESTED" in boldface type on the title page of the party's brief. 
However, in cases in which a party is incarcerated, the court need not order the 
production of that party for argument but instead may order the case to be 
submitted on briefs.
(4) Within 14 days after the filing of the last brief allowed under subrule (K)(1), 
or within 14 days after the time for filing it has expired, the court clerk must:
(a) if a party is entitled to oral argument, schedule a hearing and notify the 
parties by mail; or
(b) if no party has requested oral argument, submit the file to the judge 
assigned for decision.
(L) Earlier Filing and Serving. For good cause the court may shorten the time for 
filing and serving either the petitioner's or the respondent's brief or other 
documents,
(1) on its own motion,
(2) on a motion filed by a party, or
(3) by stipulation of the parties.
(M) Order, Findings, Relief, and Final Process. On completing review the court shall 
enter a written order. The court may affirm, reverse, remand, or modify the 
decision of the agency and may grant the petitioner or the respondent further relief 
as appropriate based on the record, findings, and conclusions. When the court finds 
that the decision or order of an agency is not supported by competent, material, 
and substantial evidence on the whole record, the court shall separately state which 
finding or findings of the agency are so affected. When the court finds that a 
decision or order of an agency violates the constitution or a statute, is affected by a 
material error of law, or is affected by unlawful procedure resulting in material 
prejudice to a party, the court shall state its findings of fact and conclusions of law 
and the reasons for its conclusions, and identify those conclusions of law of the 
agency, if any, that are being reversed.
(N) Vexatious Proceedings; Consequences.
(1) The court may, on its own motion or on the motion of any party, dismiss a 
petition for review, assess punitive damages, or take other disciplinary action 
when it determines that an appeal or any proceedings in the appeal were 
vexatious for any of the reasons set forth in MCR 7.101(P)(1).
(2) Punitive damages may not exceed an amount equivalent to the actual or 
reasonable costs or expenses of the opposing parties, including the reasonable 
attorney fees.
(O) Delayed Petition for Review. After expiration of the period for seeking judicial 
review of an agency decision, if the applicable review statute permits a delayed 
appeal, the court may on application with the affidavit and brief attached, and an 
evidentiary hearing, grant leave to file a petition for review of a decision on finding 
that there is merit in the grounds for the application, that the delay was not due to 
the petitioner's culpable negligence, that the delay has not resulted in any 
substantial prejudice to any other party, and that the court retains jurisdiction to 
grant leave. Any other party may file an opposing statement, affidavits, and briefs. 
On a grant of leave to file a petition for review, the petitioner shall file a petition for 
review within 21 days and review shall proceed in accordance with this rule.

Rule 7.201 Organization and Operation of Court of Appeals
(A) Chief Judge and Chief Judge Pro Tempore.
(1) The Supreme Court shall select a judge of the Court of Appeals to serve as 
chief judge. No later than October 1 of each odd-numbered year, the Court of 
Appeals may submit the names of no fewer than two judges whom the judges 
of that court recommend for selection as chief judge.
(2) The chief judge shall select a chief judge pro tempore, who shall fulfill such 
functions as the chief judge assigns.
(3) The chief judge and chief judge pro tempore shall serve a two-year term 
beginning on January 1 of each even-numbered year, provided that the chief 
judge serves at the pleasure of the Supreme Court and the chief judge pro 
tempore serves at the pleasure of the chief judge.
(B) Court of Appeals Clerk; Place of Filing Papers; Fees.
(1) The court shall appoint a chief clerk who is subject to the requirements 
imposed on the Supreme Court clerk in MCR 7.319. The clerk's office must be 
located in Lansing and be operated under the court's direction. With the court's 
approval, the clerk may appoint assistant and deputy clerks.
(2) Papers to be filed with the court or the clerk must be filed in the clerk's 
office in Lansing or with a deputy clerk in Detroit, Troy, or Grand Rapids. Fees 
paid to a deputy clerk must be forwarded to the clerk's office in Lansing. Claims 
of appeal, applications, motions, and complaints need not be accepted for filing 
until all required documents have been filed and the requisite fees have been 
paid.
(3) If a case is accepted for filing without all of the required documents, 
transcripts, or fees, the appellant, or the plaintiff in an original action under 
MCR 7.206, must supply the missing items within 21 days after the date of the 
clerk's notice of deficiency. The chief judge or another designated judge may 
dismiss the appeal and assess costs if the deficiency is not remedied within that 
time.
(C) Sessions of Court. There are 9 regular sessions of the court each year. Except 
as otherwise required for the efficient administration of the court, each session 
begins on the first Tuesday during the months of October through June. Each 
session continues for the number of days necessary to conclude the hearing of 
cases scheduled for argument. The chief judge may order a special session.
(D) Panels. The court shall sit to hear cases in panels of 3 judges. The decision of a 
majority of the judges of a panel in attendance at the hearing is the decision of the 
court. Except as modified by the Supreme Court, a decision of the court is final. The 
judges must be rotated so that each judge sits with every other judge with equal 
frequency, consistent with the efficient administration of the court's business. The 
Supreme Court may assign persons to act as temporary judges of the court, under 
the constitution and statutes. Only one temporary judge may sit on a 3-judge 
panel.
(E) Assignments and Presiding Judge. Before the calendar for each session is 
prepared, the chief judge shall assign the judges to each panel and the cases to be 
heard by them and designate one of them as presiding judge. A presiding judge 
presides at a hearing and performs other functions the court or the Supreme Court 
by rule or special order directs. The chief judge may assign a motion or any other 
matter to any panel.
(F) Place of Hearing. The court shall sit in Detroit, Lansing, Grand Rapids, and 
Marquette, or another place the chief judge designates. A calendar case will be 
assigned for hearing in the city nearest to the court or tribunal from which the 
appeal was taken or as the parties stipulate, except as otherwise required for the 
efficient administration of the court's business.
(G) Judicial Conferences. At least once a year and at other times the chief judge 
finds necessary, the judges shall meet to consider proposals to amend the rules of 
the court, improve the administration of justice, including the operations of the 
court, and transact any business which properly comes before them.
(H) Approval of Expenses. The state court administrator shall approve the expenses 
for operation of the court and the expense accounts of the judges, including 
attendance at a judicial conference. The state court administrator shall prepare a 
budget for the court.

Rule 7.202 Definitions
For purposes of this subchapter:
(1) "clerk" means the Court of Appeals clerk, unless otherwise stated;
(2) "date of filing" means the date of receipt of a document by a court clerk;
(3) "entry fee" means the fee required by law or, in lieu of that fee, a motion to 
waive fees or a copy of an order appointing an attorney;
(4) "filing" means the delivery of a document to a court clerk and the receipt 
and acceptance of the document by the clerk with the intent to enter it in the 
record of the court;
(5) "custody case" means a domestic relations case in which the custody of a 
minor child is an issue, an adoption case, or a case in which the family division 
of circuit court has entered an order terminating parental rights or an order of 
disposition removing a child from the child's home;
(6) "final judgment" or "final order" means:
(a) In a civil case,
(i) the first judgment or order that disposes of all the claims and 
adjudicates the rights and liabilities of all the parties, including such an 
order entered after reversal of an earlier final judgment or order
(ii) an order designated as final under MCR 2.604(B);
(iii) in a domestic relations action, a postjudgment order affecting the 
custody of a minor,
(iv) a postjudgment order awarding or denying attorney fees and costs 
under MCR 2.403, 2.405, 2.625 or other law or court rule,
(v) an order denying governmental immunity to a governmental party, 
including a governmental agency, official, or employee underMCR 
2.116(C)(7) or an order denying a motion for summary disposition 
under MCR 2.116(C)(10) based on a claim of governmental immunity;
(b) In a criminal case,
(i) an order dismissing the case;
(ii) the original sentence imposed following conviction;
(iii) a sentence imposed following the granting of a motion for 
resentencing;
(iv) a sentence imposed, or order entered, by the trial court following a 
remand from an appellate court in a prior appeal of right; or
(v) a sentence imposed following revocation of probation.

Rule 7.203 Jurisdiction of the Court of Appeals
(A) Appeal of Right. The court has jurisdiction of an appeal of right filed by an 
aggrieved party from the following:
(1) A final judgment or final order of the circuit court, or court of claims, as 
defined in MCR 7.202(6), except a judgment or order of the circuit court
(a) on appeal from any other court or tribunal;
(b) in a criminal case in which the conviction is based on a plea of guilty or 
nolo contendere;
An appeal from an order described in MCR 7.202(6)(a)(iii)-(v) is limited to the 
portion of the order with respect to which there is an appeal of right.
(2) A judgment or order of a court or tribunal from which appeal of right to the 
Court of Appeals has been established by law or court rule;
(B) Appeal by Leave. The court may grant leave to appeal from:
(1) a judgment or order of the circuit court, court of claims, and recorder's 
court which is not a final judgment appealable of right;
(2) a final judgment entered by the circuit court or the recorder's court on 
appeal from any other court;
(3) a final order of an administrative agency or tribunal which by law is 
appealable to or reviewable by the Court of Appeals or the Supreme Court;
(4) any other judgment or order appealable to the Court of Appeals by law or 
rule;
(5) any judgment or order when an appeal of right could have been taken but 
was not timely filed.
(C) Extraordinary Writs, Original Actions, and Enforcement Actions. The court may 
entertain an action for:
(1) superintending control over a lower court or a tribunal immediately below it 
arising out of an action or proceeding which, when concluded, would result in 
an order appealable to the Court of Appeals;
(2) mandamus against a state officer (see MCL 600.4401);
(3) habeas corpus (see MCL 600.4304);
(4) quo warranto involving a state office or officer;
(5) any original action required by law to be filed in the Court of Appeals or 
Supreme Court;
(6) any action to enforce a final order of an administrative tribunal or agency 
required by law to be filed in the Court of Appeals or Supreme Court.
(D) Other Appeals and Proceedings. The court has jurisdiction over any other 
appeal or action established by law.
(E) Appeals by Prosecution. Appeals by the prosecution in criminal cases are 
governed by MCL 770.12, except as provided by MCL 770.3.
(F) Dismissal.
(1) Except when a motion to dismiss has been filed, the chief judge or another 
designated judge may, acting alone, dismiss an appeal or original proceeding 
for lack of jurisdiction.
(2) The appellant or plaintiff may file a motion for reconsideration within 21 
days after the date of the order of dismissal. The motion shall be submitted to a 
panel of 3 judges. No entry fee is required for a motion filed under this subrule.
(3) The clerk will not accept for filing a motion for reconsideration of an order 
issued by a 3-judge panel that denies a motion for reconsideration filed under 
subrule (2).
(G) Appeals from Orders Granting or Denying Motions for Summary Disposition. 
Appeals arising solely from orders granting or denying motions for summary 
disposition under MCR 2.116 are to be processed in accordance with Administrative 
Order 2004-5.

Rule 7.204 Filing Appeal of Right; Appearance
(A) Time Requirements. The time limit for an appeal of right is jurisdictional. See 
MCR 7.203(A). The provisions of MCR 1.108 regarding computation of time apply. 
For purposes of subrules (A)(1) and (A)(2), "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) An appeal of right in a civil action must be taken within
(a) 21 days after entry of the judgment or order appealed from;
(b) 21 days after the 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;
(c) 14 days after entry of an order of the family division of the circuit court 
terminating parental rights under the Juvenile Code, or entry of an order 
denying a motion for new trial, rehearing, reconsideration, or other 
postjudgment relief from an order terminating parental rights, if the motion 
was filed within the initial 14-day appeal period or within further time the 
trial court may have allowed during that period; or
(d) another time provided by law.
If a party in a civil action is entitled to the appointment of an attorney and 
requests the appointment within 14 days after the final judgment or order, the 
14-day period for the taking of an appeal or the filing of a postjudgment motion 
begins to run from the entry of an order appointing or denying the appointment 
of an attorney. If a timely postjudgment motion is filed before a request for 
appellate counsel, the party may request counsel within 14 days after the 
decision on the motion.
(2) An appeal of right in a criminal case must be taken
(a) in accordance with MCR 6.425(G)(3);
(b) within 42 days after entry of an order denying a timely motion for the 
appointment of a lawyer pursuant to MCR 6.425(G)(1);
(c) within 42 days after entry of the judgment or order appealed from; or
(d) within 42 days after the entry of an order denying a motion for a new 
trial, for directed verdict of acquittal, or to correct an invalid sentence, if the 
motion was filed within the time provided in MCR 6.419(B), 6.429(B), or 
6.431(A), as the case may be.
(e) If a claim of appeal is received by the court after the expiration of the 
periods set forth above, and if the appellant is an inmate in the custody of 
the Michigan Department of Corrections and has submitted the claim as a 
pro se party, the claim shall be deemed presented for filing on the date of 
deposit of the claim in the outgoing mail at the correctional institution in 
which the inmate is housed.  Timely filing may be shown by a sworn 
statement, which must set forth the date of deposit and state that firstclass 
 postage has been prepaid.  The exception applies to claims of appeal 
from decisions or orders rendered on or after March 1, 2010. This exception 
also applies to an inmate housed in a penal institution in another state or in 
a federal penal institution who seeks to appeal in a Michigan court.  
A motion for rehearing or reconsideration of a motion mentioned in subrules 
(A)(1)(b) or (A)(2)(d) does not extend the time for filing a claim of appeal, 
unless the motion for rehearing or reconsideration was itself filed within the 21-
or 42-day period.
(3) Where service of the judgment or order on appellant was delayed beyond 
the time stated in MCR 2.602, the claim of appeal must be accompanied by an 
affidavit setting forth facts showing that the service was beyond the time stated 
in MCR 2.602. Appellee may file an opposing affidavit within 14 days after being 
served with the claim of appeal and affidavit. If the Court of Appeals finds that 
service of the judgment or order was delayed beyond the time stated in MCR 
2.602 and the claim of appeal was filed within 14 days after service of the 
judgment or order, the claim of appeal will be deemed timely.
(B) Manner of Filing. To vest the Court of Appeals with jurisdiction in an appeal of 
right, an appellant shall file with the clerk within the time for taking an appeal
(1) the claim of appeal, and
(2) the entry fee.
(C) Other Documents. With the claim of appeal, the appellant shall file the following 
documents with the clerk:
(1) a copy of the judgment or order appealed from;
(2) a copy of the certificate of the court reporter or recorder filed under subrule 
(E)(4), a statement by the attorney that the transcript has been ordered (in 
which case the certificate of the court reporter or recorder must be filed as soon 
as possible thereafter), or a statement by the attorney that there is no record 
to be transcribed;
(3) proof that a copy of the claim of appeal was served on all other parties in 
the case and on any other person or officer entitled by rule or law to notice of 
the appeal;
(4) if the appellant has filed a bond, a true copy of the bond;
(5) a copy of the register of actions of the lower court, tribunal, or agency; and
(6) a jurisdictional checklist on a form provided by the clerk's office.
(D) Form of Claim of Appeal.
(1) A claim of appeal is entitled "In the Court of Appeals." The parties are 
named in the same order as they appear in the trial court, with the added 
designation "appellant" or "appellee" as appropriate. The claim must be 
substantially in the following form:
[Name of appellant], [plaintiff or defendant], claims an appeal from the 
[judgment or order] entered [date of judgment or order or date sentence 
imposed] in the [name of court or tribunal from which the appeal is taken] by 
[name of judge or officer who entered the judgment, order, or sentence]. 
(2) The claim of appeal must be dated and signed, and must list the appropriate 
business address and telephone number under the signature.
(3) If the case involves
(a) a contest as to the custody of a minor child, or
(b) a ruling that a provision of the Michigan Constitution, a Michigan 
statute, a rule or regulation included in the Michigan Administrative Code, 
or any other action of the legislative or executive branch of state 
government is invalid,
that the fact must be stated in capital letters on the claim of appeal. In an 
appeal specified in subrule (D)(3)(b), the Court of Appeals shall give expedited 
consideration to the appeal, and, if the state or an officer or agency of the state 
is not a party to the appeal, the Court of Appeals shall send copies of the claim 
of appeal and the judgment or order appealed from to the Attorney General.
(E) Trial Court Filing Requirements. Within the time for taking the appeal, the 
appellant shall file in the court or the tribunal from which the appeal is taken
(1) a copy of the claim of appeal;
(2) any fee required by law;
(3) any bond required by law as a condition for taking the appeal; and
(4) unless there is no record to be transcribed, the certificate of the court 
reporter or recorder stating that a transcript has been ordered and payment for 
it made or secured, and that it will be filed as soon as possible or has already 
been filed.
(F) Other Requirements. Within the time for taking the appeal, the appellant shall 
also
(1) make any delivery or deposit of money, property, or documents, and do any 
other act required by the statute authorizing the appeal, and file with the clerk 
an affidavit or other evidence of compliance;
(2) serve on all other parties in the case and on any other person or officer 
entitled by rule or law to notice of the appeal a copy of the claim of appeal and 
a copy of any bond filed under subrule (C)(4).
(G) Appearance. Within 14 days after being served with the claim of appeal, the 
appellee shall file an appearance (identifying the individual attorneys of record) in 
the Court of Appeals and in the court or tribunal from which the appeal is taken. An 
appellee who does not file a timely appearance is not entitled to notice of further 
proceedings until an appearance is filed.
(H) Docketing Statement. In all civil appeals, within 28 days after the claim of 
appeal is filed, the appellant must file two copies of a docketing statement with the 
clerk of the Court of Appeals and serve a copy on the opposing parties.
(1) Contents. The docketing statement must contain the information required 
from time to time by the Court of Appeals through the office of the Chief Clerk 
on forms provided by the Clerk's office and must set forth:
(a) the nature of the proceeding;
(b) the date of entry of the judgment or order sought to be reviewed as 
defined in MCR 7.204(A) or MCR 7.205(A), and whether the appeal was 
timely filed and is within the court's jurisdiction;
(c) a concise, accurate summary of all facts material to consideration of the 
issues presented, but transcripts are not required at this stage;
(d) the issues presented by the appeal, including a concise summary of how 
they arose and how they were preserved in the trial court. General 
conclusory statements such as, "the judgment of the trial court is not 
supported by the law or the facts," will not be accepted;
(e) a reference to all related or prior appeals, and the appropriate citation, 
if any.
(2) Amendment. The Court of Appeals may, upon motion and good cause 
shown, allow for the amendment of the docketing statement.
(3) Cross Appeals. A party who files a cross appeal shall file a docketing 
statement in accordance with this rule within 28 days after filing the cross 
appeal.
(4) Dismissal. If the appellant fails to file a timely docketing statement, the 
chief judge may dismiss the appeal pursuant to MCR 7.217.

Rule 7.205 Application for Leave to Appeal
(A) Time Requirements: An application for leave to appeal must be filed within 
(1) 21 days after entry of the judgment or order to be appealed from or within 
other time as allowed by law or rule; or
(2) 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.
For purposes of subrules (A)(1) and (A)(2),"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.
(3) If an application for leave to appeal in a criminal case is received by the 
court after the expiration of the periods set forth above or the period set forth 
in MCR 7.205(F), and if the appellant is an inmate in the custody of the 
Michigan Department of Corrections and has submitted the application as a pro 
se party, the application shall be deemed presented for filing on the date of 
deposit of the application in the outgoing mail at the correctional institution in 
which the inmate is housed.  Timely filing may be shown by a sworn statement, 
which must set forth the date of deposit and state that first-class postage has 
been prepaid.  The exception applies to applications for leave to appeal from 
decisions or orders rendered on or after March 1, 2010.  This exception also 
applies to an inmate housed in a penal institution in another state or in a 
federal penal institution who seeks to appeal in a Michigan court.  
(B) Manner of Filing. To apply for leave to appeal, the appellant shall file with the 
clerk:
(1) 5 copies of an application for leave to appeal (one signed), 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(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) 5 copies of the judgment or order appealed from, of the register of actions 
of the lower court, tribunal, or agency, of the opinion or findings of the lower 
court, tribunal, or agency, and of 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) 1 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 which conducted the hearing;
(b) in an appeal from the circuit court or recorder's court after an appeal 
from another court, the transcript of proceedings in the court reviewed by 
the circuit court or recorder's 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 shall 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). 
appellant must file the transcript with the Court of Appeals as soon as it is 
available.
(5) if the appeal is from a probate court order, 5 copies of the probate court's 
certification of the issue, as required by law;
(6) proof that a copy of the filed documents was served on all other parties; 
and
(7) the entry fee.
(C) Answer. Any other party in the case may file with the clerk, within 21 days of 
service of the application,
(1) 5 copies of an answer to the application (one signed) conforming to MCR 
7.212(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) 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; request additional material from the record; or require a certified 
concise statement of proceedings and facts from the court, tribunal, or agency 
whose order is being appealed. The clerk shall enter the court's order and mail 
copies to the parties.
(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 cross appeal 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.
(E) Emergency Appeal.
(1) If the order appealed requires acts or will have consequences within 56 
days of the date the application is filed, appellant shall alert the clerk of that 
fact by prominent notice on the cover sheet or first page of the application, 
including the date by which action is required.
(2) When an appellant requires a hearing on an application in less than 21 
days, the appellant shall file and serve a motion for immediate consideration, 
concisely stating facts showing why an immediate hearing is required. A notice 
of hearing of the application and motion or a transcript is not required. An 
answer may be filed within the time the court directs. If a copy of the 
application and of the motion for immediate consideration are personally served 
under MCR 2.107(C)(1) or (2), the application may be submitted to the court 
immediately on filing. If mail service is used, it may not be submitted until the 
first Tuesday 7 days after the date of service, unless the party served 
acknowledges receipt. In all other respects, submission, decision, and further 
proceedings are as provided in subrule (D).
(F) Late Appeal.
(1) When an appeal of right was not timely filed or was dismissed for lack of 
jurisdiction, or when an application for leave was not timely filed, the appellant 
may file an application as prescribed in subrule (B), file 5 copies of a statement 
of facts explaining the delay, and serve 1 copy on all other parties. The answer 
may challenge the claimed reasons for delay. The court may consider the length 
of and the reasons for delay in deciding whether to grant the application. In all
other respects, submission, decision, and further proceedings are as provided in 
subrule (D).
(2) In a criminal case, 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.
(3) Except as provided in subrules (F)(4)and (F)(5), leave to appeal may not be 
granted if an application for leave to appeal is filed more than 6 months after 
the later of: 
(a) entry of a final judgment or other order that could have been the 
subject of an appeal of right under MCR 7.203(A), but if a motion described 
in MCR 7.204(A)(1)(b) was filed within the time prescribed in that rule, then 
the 6 months are counted from the time of entry of the order denying that 
motion; or
(b) entry of the order or judgment to be appealed from, but if a motion for 
new trial, a motion for rehearing or reconsideration, or a motion for other 
relief from the order or judgment appealed 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, then the 6 months are counted from the 
entry of the order deciding the motion.
(4) The limitation provided in subrule (F)(3) does not apply to an application for 
leave to appeal by a criminal defendant if the defendant files an application for 
leave to appeal within 21 days after the trial court decides a motion for a new 
trial, for directed verdict of acquittal, to withdraw a plea, or to correct an invalid 
sentence, if the motion was filed within the time provided in MCR 6.310(C), 
MCR 6.419(B), MCR 6.429(B), and MCR 6.431(A), or if 
(a) the defendant has filed a delayed request for the appointment of 
counsel pursuant to MCR 6.425(G)(1) within the 6-month period,
(b) the defendant or defendant's lawyer, if one is appointed, has ordered 
the appropriate transcripts within 28 days of service of the order granting or 
denying the delayed request for counsel, unless the transcript has already 
been filed or has been ordered by the court under MCR 6.425(G)(2), and
(c) the application for leave to appeal is filed in accordance with the 
provisions of this rule within 42 days after the filing of the transcript. If the 
transcript was filed before the order appointing or denying the appointment 
of counsel, the 42-day period runs from the date of that order.
A motion for rehearing or reconsideration of a motion mentioned in subrule 
(F)(4) does not extend the time for filing an application for leave to appeal, 
unless the motion for rehearing or reconsideration was itself filed within 21 days 
after the trial court decides the motion mentioned in subrule (F)(4), and the 
application for leave to appeal is filed within 21 days after the court decides the 
motion for rehearing or reconsideration.
A defendant who seeks to rely on one of the exceptions in subrule (F)(4) must 
file with the application for leave to appeal an affidavit stating the relevant 
docket entries, a copy of the register of actions of the lower court, tribunal, or 
agency, or other documentation showing that the application is filed within the 
time allowed.
(5) Notwithstanding the 6-month limitation period otherwise provided in subrule 
(F)(3), leave to appeal may be granted if a party’s claim of appeal is dismissed 
for lack of jurisdiction within 21 days before the expiration of the 6-month 
limitation period, or at any time after the 6-month limitation period has expired, 
and the party files a late application for leave to appeal from the same lower 
court judgment or order within 21 days of the dismissal of the claim of appeal 
or within 21 days of denial of a timely filed motion for reconsideration.  A party 
filing a late application in reliance on this provision must note the dismissal of 
the prior claim of appeal in the statement of facts explaining the delay.
(6) The time limit for late appeals from orders terminating parental rights is 63 
days, as provided by MCR 3.993(C)(2).
(G) Certified Concise Statement.
(1) When the Court of Appeals requires a certified concise statement of 
proceedings and facts, the appellant shall, within 7 days after the order 
requiring the certified concise statement is certified, serve on all other parties a 
copy of a proposed concise statement of proceedings and facts, describing the 
course of proceedings and the facts pertinent to the issues raised in the 
application, and notice of hearing with the date, time, and place for settlement 
of the concise statement.
(2) Hearing on the proposed concise statement must be within 14 days after 
the proposed concise statement and notice is served on the other parties.
(3) Objections to the proposed concise statement must be filed in writing with 
the trial court and served on the appellant and any other appellee before the 
time set for settlement.
(4) The trial court shall promptly settle objections to the proposed concise 
statement and may correct it or add matters of record necessary to present the 
issues properly. When a court's discretionary act is being reviewed, the trial 
court may add to the statement its reasons for the act. Within 7 days after the 
settlement hearing, the trial court shall certify the proposed or a corrected 
concise statement of proceedings and facts as fairly presenting the factual basis 
for the questions to be reviewed as directed by the Court of Appeals. 
Immediately after certification, the trial court shall send the certified concise 
statement to the Court of Appeals clerk and serve a copy on each party.

Rule 7.206 Extraordinary Writs, Original Actions, and Enforcement Actions
(A) General Rules of Pleading. Except as otherwise provided in this rule, the general 
rules of pleading apply as nearly as practicable. See MCR 2.111-2.114.
(B) Superintending Control, Mandamus, and Habeas Corpus. To the extent that 
they do not conflict with this rule, the rules in subchapter 3.300 apply to actions for 
superintending control, mandamus, and habeas corpus.
(C) Quo Warranto. In a quo warranto action, the Attorney General also must be 
served with a copy of each pleading and document filed in the Court of Appeals. 
The Attorney General has the right to intervene as a party on either side.
(D) Actions for Extraordinary Writs and Original Actions.
(1) Filing of Complaint. To commence an original action, the plaintiff shall file 
with the clerk:
(a) for original actions filed under Const 1963, art 9, §§ 25-34, 5 copies of a 
complaint (one signed) that conforms to the special requirements of MCR 
2.112(M), and which indicates whether there are any factual questions that 
must be resolved; for all other extraordinary writs and original actions, 5 
copies of a complaint (one signed), which may have copies of supporting 
documents or affidavits attached to each copy;
(b) 5 copies of a supporting brief (one signed) conforming to MCR 7.212(C) 
to the extent possible;
(c) proof that a copy of each of the filed documents was served on every 
named defendant and, in a superintending control action, on any other 
party involved in the case which gave rise to the complaint for 
superintending control; and
(d) the entry fee.
(2) Answer. The defendant or any other interested party must file with the clerk 
within 21 days of service of the complaint and any supporting documents or 
affidavits:
(a) for original actions filed under Const 1963, art 9, §§ 25-34, 5 copies of 
an answer to the complaint (one signed) that conforms to the special 
requirements of MCR 2.112(M), and which indicates whether there are any 
factual questions that must be resolved; for all other extraordinary writs 
and original actions, 5 copies of an answer to the complaint (one signed), 
which may have copies of supporting documents or affidavits attached to 
each copy;
(b) 5 copies of an opposing brief (one signed) conforming to MCR 7.212(D) 
to the extent possible; and
(c) proof that a copy of each of the filed documents was served on the 
plaintiff and any other interested party.
(3) Preliminary Hearing. There is no oral argument on preliminary hearing of a 
complaint. The court may deny relief, grant peremptory relief, or allow the 
parties to proceed to full hearing on the merits in the same manner as an 
appeal of right either with or without referral to a judicial circuit or tribunal or 
agency for the taking of proofs and report of factual findings. If the case is 
ordered to proceed to full hearing, the time for filing a brief by the plaintiff 
begins to run from the date the order allowing the case to proceed is certified or 
the date the transcript or report of factual findings on referral is filed, whichever 
is later. The plaintiff's brief must conform to MCR 7.212(C). An opposing brief 
must conform to MCR 7.212(D). In a habeas corpus proceeding, the prisoner 
need not be brought before the Court of Appeals.
(E) Enforcement of Administrative Tribunal or Agency Orders.
(1) Complaint. To obtain enforcement of a final order of an administrative 
tribunal or agency, the plaintiff shall file with the clerk within the time limit 
provided by law:
(a) 5 copies of a complaint (one signed) concisely stating the basis for relief 
and the relief sought;
(b) 5 copies of the order sought to be enforced;
(c) 5 copies of a supporting brief (one signed) which conforms to MCR 
7.212(C) to the extent possible;
(d) a notice of preliminary hearing on the complaint on the first Tuesday at 
least 21 days after the complaint and supporting documents are served on 
the defendant, the agency (unless the agency is the plaintiff), and any other 
interested party;
(e) proof that a copy of each of the filed documents was served on the 
defendant, the agency (unless the agency is the plaintiff), and any other 
interested party;
(f) the certified tribunal or agency record or evidence the plaintiff has 
requested that the certified record be sent to the Court of Appeals; and
(g) the entry fee.
(2) Answer. The defendant must file, and any other interested party may file, 
with the clerk before the date of the preliminary hearing:
(a) 5 copies of an answer to the complaint (one signed);
(b) 5 copies of an opposing brief (one signed) conforming to MCR 7.212(D) 
to the extent possible; and
(c) proof that a copy of each of the filed documents was served on the 
plaintiff, the agency, and any other interested party.
(3) Preliminary Hearing. There is no oral argument on preliminary hearing of a 
complaint. The court may deny relief, grant peremptory relief, or allow the 
parties to proceed to full hearing on the merits in the same manner as an 
appeal of right. If the case is ordered to proceed to full hearing, the time for 
filing of a brief by the plaintiff begins to run from the date the clerk certifies the 
order allowing the case to proceed. The plaintiff's brief must conform to MCR 
7.212(C). An opposing brief must conform to MCR 7.212(D). The case is heard 
on the certified record transmitted by the tribunal or agency. MCR 7.210(A)(2), 
regarding the content of the record, applies.

Rule 7.207 Cross Appeals
(A) Right of Cross Appeal.
(1) When an appeal of right is filed or the court grants leave to appeal any 
appellee may file a cross appeal.
(2) If there is more than 1 party plaintiff or defendant in a civil action and 1 
party appeals, any other party, whether on the same or opposite side as the 
party first appealing, may file a cross appeal against all or any of the other 
parties to the case as well as against the party who first appealed. If the cross 
appeal operates against a party not affected by the first appeal or in a manner 
different from the first appeal, that party may file a further cross appeal as if 
the cross appeal affecting that party had been the first appeal.
(B) Manner of Filing. To file a cross appeal, the cross appellant shall file with the 
clerk a claim of cross appeal in the form required by MCR 7.204(D) and the entry 
fee
(1) within 21 days after the claim of appeal is filed with the Court of Appeals or 
served on the cross appellant, whichever is later, if the first appeal was of right; 
or
(2) within 21 days after the clerk certifies the order granting leave to appeal, if 
the appeal was initiated by application for leave to appeal.
The cross appellant shall file proof that a copy of the claim of cross appeal was 
served on the cross appellee and any other party in the case. A copy of the 
judgment or order from which the cross appeal is taken must be filed with the 
claim.
(C) Additional Requirements. The cross appellant shall perform the steps required 
by MCR 7.204(E) and (F), except that the cross appellant is not required to order a 
transcript or file a court reporter's or recorder's certificate unless the initial appeal 
is abandoned or dismissed. Otherwise the cross appeal proceeds in the same 
manner as an ordinary appeal.
(D) Abandonment or Dismissal of Appeal. If the appellant abandons the initial 
appeal or the court dismisses it, the cross appeal may nevertheless be prosecuted 
to its conclusion. Within 21 days after the clerk certifies the order dismissing the 
initial appeal, if there is a record to be transcribed, the cross appellant shall file a 
certificate of the court reporter or recorder that a transcript has been ordered and 
payment for it made or secured and will be filed as soon as possible or has already 
been filed.

(E) Delayed Cross Appeal. A party seeking leave to take a delayed cross appeal 
shall proceed under MCR 7.205.

Rule 7.208 Authority of Court or Tribunal Appealed From
(A) Limitations. After a claim of appeal is filed or leave to appeal is granted, the 
trial court or tribunal may not set aside or amend the judgment or order appealed 
from except 
(1) by order of the Court of Appeals, 
(2) by stipulation of the parties, 
(3) after a decision on the merits in an action in which a preliminary injunction 
was granted, or
(4) as otherwise provided by law. 
In a criminal case, the filing of the claim of appeal does not preclude the trial 
court from granting a timely motion under subrule (B).
(B) Postjudgment Motions in Criminal Cases.
(1) No later than 56 days after the commencement of the time for filing the 
defendant-appellant's brief as provided by MCR 7.212(A)(1)(a)(iii), the 
defendant may file in the trial court a motion for a new trial, for judgment of 
acquittal, to withdraw a plea, or to correct an invalid sentence.
(2) A copy of the motion must be filed with the Court of Appeals and served on 
the prosecuting attorney.
(3) The trial court shall hear and decide the motion within 28 days of filing, 
unless the court determines that an adjournment is necessary to secure 
evidence needed for the decision on the motion or that there is other good 
cause for an adjournment.
(4) Within 28 days of the trial court's decision, the court reporter or recorder 
must file with the trial court clerk the transcript of any hearing held.
(5) If the motion is granted in whole or in part,
(a) the defendant must file the appellant's brief or a notice of withdrawal of 
the appeal within 42 days after the trial court's decision or after the filing of 
the transcript of any hearing held, whichever is later;
(b) the prosecuting attorney may file a cross appeal in the manner provided 
by MCR 7.207 within 21 days after the trial court's decision. If the 
defendant has withdrawn the appeal before the prosecuting attorney has 
filed a cross appeal, the prosecuting attorney may file a claim of appeal or 
an application for leave to appeal within the 21-day period.
(6) If the motion is denied, defendant-appellant's brief must be filed within 42 
days after the decision by the trial court, or the filing of the transcript of any 
trial court hearing, whichever is later.
(C) Correction of Defects. Except as otherwise provided by rule and until the record 
is filed in the Court of Appeals, the trial court or tribunal has jurisdiction
(1) to grant further time to do, properly perform, or correct any act in the trial 
court or tribunal in connection with the appeal that was omitted or insufficiently 
done, other than to extend the time for filing a claim of appeal or for paying the 
entry fee or to allow delayed appeal;
(2) to correct any part of the record to be transmitted to the Court of Appeals, 
but only after notice to the parties and an opportunity for a hearing on the 
proposed correction.
After the record is filed in the Court of Appeals, the trial court may correct the 
record only with leave of the Court of Appeals.
(D) Supervision of Property. When an appeal is filed while property is being held for 
conservation or management under the order or judgment of the trial court, that 
court retains jurisdiction over the property pending the outcome of the appeal, 
except as the Court of Appeals otherwise orders. 
(E) Temporary Orders. A trial court order entered before final judgment concerning 
custody, control, and management of property; temporary alimony, support or 
custody of a minor child, or expenses in a domestic relations action; or a 
preliminary injunction, remains in effect and is enforceable in the trial court, 
pending interlocutory appeal, except as the trial court or the Court of Appeals may 
otherwise order.
(F) Stays and Bonds. The trial court retains authority over stay and bond matters, 
except as the Court of Appeals otherwise orders.
(G) Matters Pertaining to Appointment of Attorney. Throughout the pendency of an 
appeal involving an indigent person, the trial court retains authority to appoint, 
remove, or replace an attorney except as the Court of Appeals otherwise orders.
(H) Acts by Other Judges. Whenever the trial judge who has heard a case dies, 
resigns, or vacates office, or is unable to perform any act necessary to an appeal of 
a case within the time prescribed by law or these rules, another judge of the same 
court, or if another judge of that court is unavailable, another judge assigned by 
the state court administrator, may perform the acts necessary to the review 
process. Whenever a case is heard by a judge assigned from another court, the 
judicial acts necessary in the preparation of a record for appeal may be performed, 
with consent of the parties, by a judge of the court in which the case was heard.
(I) Attorney Fees and Costs. The trial court may rule on requests for costs or 
attorney fees under MCR 2.403, 2.405, 2.625 or other law or court rule, unless the 
Court of Appeals orders otherwise.

Rule 7.209 Bond; Stay of Proceedings
(A) Effect of Appeal; Prerequisites.
(1) Except for an automatic stay pursuant to MCR 2.614, an appeal does not 
stay the effect or enforceability of a judgment or order of a trial court unless 
the trial court or the Court of Appeals otherwise orders.  An automatic stay 
under MCR 2.614(D) operates to stay any and all proceedings in a cause in 
which a party has appealed a trial court’s denial of the party’s claim of 
governmental immunity.
(2) A motion for bond or for a stay pending appeal may not be filed in the Court 
of Appeals unless such a motion was decided by the trial court.
(3) A motion for bond or a stay pending appeal filed in the Court of Appeals 
must include a copy of the trial court's opinion and order, and a copy of the 
transcript of the hearing on the motion in the trial court.
(B) Responsibility for Setting Amount of Bond in Trial Court.
(1) Civil Actions. Unless determined by law, the dollar amount of a stay or 
appeal bond in a civil action must be set by the trial court in an amount 
adequate to protect the opposite party.
(2) Criminal Cases. In a criminal case the granting of bond pending appeal and 
the amount of it are within the discretion of the trial court, subject to applicable 
law and rules. Bond must be sufficient to guarantee the appearance of the 
defendant. Unless bond pending appeal is allowed and a bond is filed with the 
trial court, a criminal judgment may be executed immediately, even though the 
time for taking an appeal has not elapsed.
(C) Amendment of Bond. On motion, the trial court may order an additional or 
different bond, set the amount, and approve or require different sureties.
(D) Review by Court of Appeals. Except as otherwise provided by rule or law, on 
motion filed in a case pending before it, the Court of Appeals may amend the 
amount of bond set by the trial court, order an additional or different bond and set 
the amount, or require different or additional sureties. The Court of Appeals may 
also refer a bond or bail matter to the court from which the appeal is taken. The 
Court of Appeals may grant a stay of proceedings in the trial court or stay of effect 
or enforcement of any judgment or order of a trial court on the terms it deems just.
(E) Stay of Proceedings by Trial Court.
(1) Except as otherwise provided by law or rule, the trial court may order a stay 
of proceedings, with or without a bond as justice requires.
(a) When the stay is sought before an appeal is filed and a bond is required, 
the party seeking the stay shall file a bond, with the party in whose favor 
the judgment or order was entered as the obligee, by which the party 
promises to
(i) perform and satisfy the judgment or order stayed if it is not set aside 
or reversed; and
(ii) prosecute to completion any appeal subsequently taken from the 
judgment or order stayed and perform and satisfy the judgment or 
order entered by the Court of Appeals or Supreme Court.
(b) If a stay is sought after an appeal is filed, any bond must meet the 
requirements set forth in subrule 7.209(F).
(2) If a stay bond filed under this subrule substantially meets the requirements 
of subrule (F), it will be a sufficient bond to stay proceedings pending 
disposition of an appeal subsequently filed.
(3) The stay order must conform to any condition expressly required by the 
statute authorizing review.
(4) If a government party files a claim of appeal from an order described in 
MCR 7.202(6)(a)(v), the proceedings shall be stayed during the pendency of 
the appeal, unless the court of Appeals directs otherwise. 
(F) Conditions of Appeal Bond.
(1) Civil Actions. In a bond filed for stay pending appeal in a civil action, the 
appellant shall promise in writing:
(a) to prosecute the appeal to decision;
(b) to perform or satisfy a judgment or order of the Court of Appeals or the 
Supreme Court;
(c) to perform or satisfy the judgment or order appealed from, if the appeal 
is dismissed;
(d) in an action involving the possession of land or judgment for foreclosure 
of a mortgage or land contract, to pay the appellee the damages which may 
result from the stay of proceedings; and
(e) to do any other act which is expressly required in the statute authorizing 
appeal.
(2) Criminal Cases. A criminal defendant for whom bond pending appeal is 
allowed after conviction shall promise in writing:
(a) to prosecute the appeal to decision;
(b) if the sentence is one of incarceration, to surrender himself or herself to 
the sheriff of the county in which he or she was convicted or other custodial 
authority if the sentence is affirmed on appeal or if the appeal is dismissed;
(c) if the judgment or order appealed is other than a sentence of 
incarceration, to perform and comply with the order of the trial court if it is 
affirmed on appeal or if the appeal is dismissed;
(d) to appear in the trial court if the case is remanded for retrial or further 
proceedings or if a conviction is reversed and retrial is allowed;
(e) to remain in Michigan unless the court gives written approval to leave; 
and
(f) to notify the trial court clerk of a change of address.
(G) Sureties and Filing of Bond. Except as otherwise specifically provided in this 
rule, MCR 3.604 applies. A bond must be filed with the clerk of the court which 
entered the order or judgment to be stayed.
(1) Civil Actions. A bond in a civil action need not be approved by a court or 
clerk before filing but is subject to the objection procedure provided in MCR 
3.604.
(2) Criminal Cases. A criminal defendant filing a bond after conviction shall give 
notice to the county prosecuting attorney of the time and place the bond will be 
filed. The bond is subject to the objection procedure provided in MCR 3.604.
(H) Stay of Execution.
(1) If a bond is filed before execution issues, and notice is given to the officer 
having authority to issue execution, execution is stayed. If the bond is filed 
after the issuance but before execution, and notice is given to the officer 
holding it, execution is suspended.
(2) The Court of Appeals may stay or terminate a stay of any order or judgment 
of a lower court or tribunal on just terms.
(3) When the amount of the judgment is more than $1000 over the insurance 
policy coverage or surety obligation, then the policy or obligation does not 
qualify to stay execution under MCL 500.3036 on the portion of the judgment in 
excess of the policy or bond limits. Stay pending appeal may be achieved by 
complying with that statute and by filing a bond in an additional amount 
adequate to protect the opposite party or by obtaining a trial court or Court of 
Appeals order waiving the additional bond.
(4) A statute exempting a municipality or other governmental agency from 
filing a bond to stay execution supersedes the requirements of this rule.
(I) Ex Parte Stay. Whenever an ex parte stay of proceedings is necessary to allow a 
motion in either the trial court or the Court of Appeals, the court before which the 
motion will be heard may grant an ex parte stay for that purpose. Service of a copy 
of the order, with a copy of the motion, any affidavits on which the motion is based, 
and notice of hearing on the motion, shall operate as a stay of proceedings until the 
court rules on the motion unless the court supersedes or sets aside the order in the 
interim. Proceedings may not be stayed for longer than necessary to enable the 
party to make the motion according to the practice of the court, and if made, until 
the decision of the court.

Rule 7.210 Record on Appeal
(A) Content of Record. Appeals to the Court of Appeals are heard on the original 
record.
(1) Appeal From Court. In an appeal from a lower court, the record consists of 
the original papers filed in that court or a certified copy, the transcript of any 
testimony or other proceedings in the case appealed, and the exhibits 
introduced. In an appeal from probate court in an estate or trust proceeding, 
only the order appealed from and those petitions, opinions, and other 
documents pertaining to it need be included.
(2) Appeal From Tribunal or Agency. In an appeal from an administrative 
tribunal or agency, the record includes all documents, files, pleadings, 
testimony, and opinions and orders of the tribunal, agency, or officer (or a 
certified copy), except those summarized or omitted in whole or in part by 
stipulation of the parties. Testimony not transcribed when the certified record is 
sent for consideration of an application for leave to appeal, and not omitted by
stipulation of the parties, must be filed and sent to the court as promptly as 
possible.
(3) Excluded Evidence. The substance or transcript of excluded evidence offered 
at a trial and the proceedings at the trial in relation to it must be included as 
part of the record on appeal.
(4) Stipulations. The parties in any appeal to the Court of Appeals may stipulate 
in writing regarding any matters relevant to the lower court or tribunal or 
agency record if the stipulation is made a part of the record on appeal and sent 
to the Court of Appeals.
(B) Transcript.
(1) Appellant's Duties; Orders; Stipulations.
(a) The appellant is responsible for securing the filing of the transcript as 
provided in this rule. Except in cases governed by MCR 3.977(J)(3) or MCR 
6.425(G)(2), or as otherwise provided by Court of Appeals order or the 
remainder of this subrule, the appellant shall order from the court reporter 
or recorder the full transcript of testimony and other proceedings in the trial 
court or tribunal. Once an appeal is filed in the Court of Appeals, a party 
must serve a copy of any request for transcript preparation on opposing 
counsel and file a copy with the Court of Appeals.
(b) In an appeal from probate court in an estate or trust proceeding, only 
that portion of the transcript concerning the order appealed from need be 
filed. The appellee may file additional portions of the transcript.
(c) On the appellant's motion, with notice to the appellee, the trial court or 
tribunal may order that some portion less than the full transcript (or no 
transcript at all) be included in the record on appeal. The motion must be 
filed within the time required for filing an appeal, and, if the motion is 
granted, the appellee may file any portions of the transcript omitted by the 
appellant. The filing of the motion extends the time for filing the court 
reporter's or recorder's certificate until 7 days after entry of the trial court's 
or tribunal's order on the motion.
(d) The parties may stipulate that some portion less than the full transcript 
(or none) be filed.
(e) The parties may agree on a statement of facts without procuring the 
transcript and the statement signed by the parties may be filed with the 
trial court or tribunal clerk and sent as the record of testimony in the action.
(2) Transcript Unavailable. When a transcript of the proceedings in the trial 
court or tribunal cannot be obtained from the court reporter or recorder, the 
appellant shall file a settled statement of facts to serve as a substitute for the 
transcript.
(a) Within 14 days after filing the claim of appeal, the appellant shall file 
with the trial court or tribunal clerk, and serve on each appellee, a proposed 
statement of facts. The proposed statement of facts must concisely set forth 
the substance of the testimony, or the oral proceedings before the trial 
court or tribunal if no testimony was taken, in sufficient detail to inform the 
Court of Appeals of the nature of the controversy and of the proceedings in 
the trial court or tribunal.
(b) The appellant shall notice the proposed statement of facts for prompt 
settlement before the trial court or tribunal. An amendment or objection to 
the proposed statement of facts must be in writing, filed in the trial court or 
tribunal before the time set for settlement, and served on the appellant and 
any other appellee.
(c) The trial court or tribunal shall settle any controversy and certify a 
statement of facts as an accurate, fair, and complete statement of the 
proceedings before it.
(d) The statement of facts and the certifying order must be filed with the 
trial court or tribunal clerk and a copy of the certifying order must be filed 
with the Court of Appeals.
(3) Duties of Court Reporter or Recorder.
(a) Certificate. Within 7 days after a transcript is ordered by a party or the 
court, the court reporter or recorder shall furnish a certificate stating:
(i) that the transcript has been ordered, that payment for the transcript 
has been made or secured, that it will be filed as soon as possible or 
has already been filed, and the estimated number of pages for each of 
the proceedings requested;
(ii) as to each proceeding requested, whether the court reporter or 
recorder filing the certificate recorded the proceeding; and if not,
(iii) the name and certification number of the court reporter or recorder 
responsible for the transcript of that proceeding.
(b) Time for Filing. The court reporter or recorder shall give precedence to 
transcripts necessary for interlocutory criminal appeals and custody cases. 
The court reporter or recorder shall file the transcript with the trial court or 
tribunal clerk within
(i) 14 days after it is ordered for an application for leave to appeal from 
an order granting or denying a motion to suppress evidence in a 
criminal case;
(ii) 28 days after it is ordered in an appeal of a criminal conviction 
based on a plea of guilty, guilty but mentally ill, or nolo contendere;
(iii) 42 days after it is ordered in any other interlocutory criminal appeal 
or custody case;
(iv) 91 days after it is ordered in other cases.
The Court of Appeals may extend or shorten these time limits in an appeal 
pending in the court on motion filed by the court reporter or recorder or a 
party.
(c) Copies. Additional copies of the transcripts required by the appellant 
may be ordered from the court reporter or recorder or photocopies may be 
made of the transcript furnished by the court reporter or recorder.
(d) Form of Transcript. The transcript must be filed in one or more volumes 
under a hard-surfaced or other suitable cover, stating the title of the action, 
and prefaced by a table of contents showing the subject matter of the 
transcript with page references to the significant parts of the trial or 
proceedings, including the testimony of each witness by name, the 
arguments of the attorneys, and the jury instructions. The pages of the 
transcript must be consecutively numbered on the bottom of each page. 
Transcripts with more than one page, reduced in size, printed on a single 
page are permitted and encouraged, but a page in that format may not 
contain more than four reduced pages of transcript.
(e) Notice. Immediately after the transcript is filed, the court reporter or 
recorder shall notify the Court of Appeals and all parties that it has been 
filed and file in the Court of Appeals an affidavit of mailing of notice to the 
parties.
(f) Discipline. A court reporter or recorder failing to comply with the 
requirements of these rules is subject to disciplinary action by the courts, 
including punishment for contempt of court, on the court's own initiative or 
motion of a party.
(g) Responsibility When More Than One Reporter or Recorder. In a case in 
which portions of the transcript must be prepared by more than one 
reporter or recorder, unless the court has designated another person, the 
person who recorded the beginning of the proceeding is responsible for 
ascertaining that the entire transcript has been prepared, filing it, and 
giving the notice required by subrule (B)(3)(e).
(C) Exhibits. Within 21 days after the claim of appeal is filed, a party possessing 
any exhibits offered in evidence, whether admitted or not, shall file them with the 
trial court or tribunal clerk, unless by stipulation of the parties or order of the trial
court or tribunal they are not to be sent, or copies, summaries, or excerpts are to 
be sent. Xerographic copies of exhibits may be filed in lieu of originals unless the 
trial court or tribunal orders otherwise. When the record is returned to the trial 
court or tribunal, the trial court or tribunal clerk shall return the exhibits to the 
parties who filed them.
(D) Reproduction of Records. Where facilities for the copying or reproduction of 
records are available to the clerk of the court or tribunal whose action is to be 
reviewed, the clerk, on a party's request and on deposit of the estimated cost or 
security for the cost, shall procure for the party as promptly as possible and at the 
cost to the clerk the requested number of copies of documents, transcripts, and 
exhibits on file.
(E) Record on Motion. If, before the time the complete record on appeal is sent to 
the Court of Appeals, a party files a motion that requires the Court of Appeals to 
have the record, the trial court or tribunal clerk shall, on request of a party or the 
Court of Appeals, send the Court of Appeals the documents needed.
(F) Service of Record. Within 21 days after the transcript is filed with the trial court 
clerk, the appellant shall serve a copy of the entire record on appeal, including the 
transcript and exhibits, on each appellee. However, copies of documents the 
appellee already possesses need not be served. Proof that the record was served 
must be promptly filed with the Court of Appeals and the trial court or tribunal 
clerk. If the filing of a transcript has been excused as provided in subrule (B), the 
record is to be served within 21 days after the filing of the transcript substitute.
(G) Transmission of Record. Within 21 days after the briefs have been filed or the 
time for filing the appellee's brief has expired, or when the court requests, the trial 
court or tribunal clerk shall send to the Court of Appeals the record on appeal in the 
case pending on appeal, except for those things omitted by written stipulation of 
the parties. Weapons, drugs, or money are not to be sent unless the Court of 
Appeals requests. The trial court or tribunal clerk shall append a certificate 
identifying the name of the case and the papers with reasonable definiteness and 
shall include as part of the record:
(1) a register of actions in the case;
(2) all opinions, findings, and orders of the court or tribunal; and
(3) the order or judgment appealed from.
Transcripts and all other documents which are part of the record on appeal must be 
attached in one or more file folders or other suitable hard-surfaced binders showing 
the name of the trial court or tribunal, the title of the case, and the file number.
(H) Return of Record. After the Court of Appeals disposes of an appeal, the Court of 
Appeals shall promptly send the original record, together with a certified copy of 
the opinion, judgment, or order entered by the Court of Appeals
(1) to the Clerk of the Supreme Court if an application for leave to appeal is 
filed in the Supreme Court, or 
(2) to the clerk of the court or tribunal from which it was received when
(a) the period for an application for leave to appeal to the Supreme Court 
has expired without the filing of an application, and
(b) there is pending in the Court of Appeals no
(i) timely motion for reconsideration,
(ii) timely petition for a special panel under MCR 7.215 (I), or 
(iii) timely request by a judge of the Court of Appeals for a special panel 
under MCR 7.215 (I),
and the period for such a timely motion, petition, or request has expired.
(I) Notice by Trial Court or Tribunal Clerk. The trial court or tribunal clerk shall 
promptly notify all parties of the return of the record in order that they may take 
the appropriate action in the trial court or tribunal under the Court of Appeals 
mandate.

Rule 7.211 Motions in Court of Appeals
(A) Manner of Making Motion. A motion is made in the Court of Appeals by filing:
(1) 5 copies of a motion (one signed) stating briefly but distinctly the facts and 
the grounds on which it is based and the relief requested;
(2) the entry fee;
(3) for a motion to dismiss, to affirm, or for peremptory reversal, 5 copies of a 
supporting brief. A supporting brief may be filed with any other motion. A brief 
must conform to MCR 7.212(C) as nearly as possible, except that page
references to a transcript are not required unless the transcript is relevant to 
the issue raised in the motion. A brief in conformance with MCR 7.212(C) is not 
required in support of a motion to affirm when the appellant argues that:
(a) the trial court's findings of fact are clearly erroneous;
(b) the trial court erred in applying established law;
(c) the trial court abused its discretion; or
(d) a sentence which is within the sentencing guidelines is invalid.
Instead of a brief in support of a motion to affirm in such a circumstance, the 
movant may append those portions of the transcript that are pertinent to the 
issues raised in the motion; in that case, the motion must include a summary of 
the movant's position;
(4) a motion for immediate consideration if the party desires a hearing on a 
date earlier than the applicable date set forth in subrules (B)(2)(a)-(e);
(5) proof that a copy of the motion, the motion for immediate consideration if 
one has been filed, and any other supporting papers were served on all other 
parties to the appeal.
(B) Answer.
(1) A party to an appeal may answer a motion by filing:
(a) 5 copies of an answer (one signed); and
(b) proof that a copy of the answer and any other opposing papers were 
served on all other parties to the appeal.
(2) Subject to subrule (3), the answer must be filed within
(a) 21 days after the motion is served on the other parties, for a motion to 
dismiss, to remand, or to affirm;
(b) 35 days after the motion is served on the appellee, if the motion is for 
peremptory reversal;
(c) 56 days after the motion is served on the defendant, for a motion to 
withdraw as the appointed appellate attorney;
(d) 14 days after the motion is served on the other parties, for a motion for 
reconsideration of an opinion or an order, to stay proceedings in the trial 
court, to strike a full or partial pleading on appeal, to file an amicus brief, to 
hold an appeal in abeyance, or to reinstate an appeal after dismissal under 
MCR 7.217(D);
(e) 7 days after the motion is served on the other parties, for all other 
motions.
If a motion for immediate consideration has been filed, all answers to all 
affected motions must be filed within 7 days if the motions for immediate 
consideration was served by mail, or within such time as the Court of Appeals 
directs. See subrule (C)(6).
(3) In its discretion, the Court of Appeals may dispose of the following motions 
before the answer period has expired: motion to extend time to order or file 
transcripts, to extend time to file a brief or other appellate pleading, to 
substitute one attorney for another, for oral argument when the right to oral 
argument was not otherwise preserved as described in MCR 7.212, or for an 
out-of-state attorney to appear and practice in Michigan.
(4) Five copies of an opposing brief may be filed. A brief must conform to MCR 
7.212(D) as nearly as possible, except that page references to a transcript are 
not required unless the transcript is relevant to the issue raised in the motion.
(C) Special Motions. If the record on appeal has not been sent to the Court of 
Appeals, except as provided in subrule (C)(6), the party making a special motion 
shall request the clerk of the trial court or tribunal to send the record to the Court 
of Appeals. A copy of the request must be filed with the motion.
(1) Motion to Remand.
(a) Within the time provided for filing the appellant's brief, the appellant 
may move to remand to the trial court. The motion must identify an issue 
sought to be reviewed on appeal and show 
(i) that the issue is one that is of record and that must be initially 
decided by the trial court; or
(ii) that development of a factual record is required for appellate 
consideration of the issue.
A motion under this subrule must be supported by affidavit or offer of proof 
regarding the facts to be established at a hearing.
(b) A timely motion must be granted if it is accompanied by a certificate 
from the trial court that it will grant a motion for new trial.
(c) In a case tried without a jury, the appellant need not file a motion for 
remand to challenge the great weight of the evidence in order to preserve 
the issue for appeal.
(d) If a motion to remand is granted, further proceedings in the Court of 
Appeals are stayed until completion of the proceedings in the trial court 
pursuant to the remand, unless the Court of Appeals orders otherwise. 
Unless the Court of Appeals sets another time, the appellant's brief must be 
filed within 21 days after the trial court's decision or after the filing of the 
transcript of any hearing held, whichever is later.
(2) Motion to Dismiss. An appellee may file a motion to dismiss an appeal any 
time before it is placed on a session calendar on the ground that
(a) the appeal is not within the Court of Appeals jurisdiction;
(b) the appeal was not filed or pursued in conformity with the rules; or
(c) the appeal is moot.
(3) Motion to Affirm. After the appellant's brief has been filed, an appellee may 
file a motion to affirm the order or judgment appealed from on the ground that
(a) it is manifest that the questions sought to be reviewed are so 
unsubstantial as to need no argument or formal submission; or
(b) the questions sought to be reviewed were not timely or properly raised.
The decision to grant a motion to affirm must be unanimous. An order 
denying a motion to affirm may identify the judge or judges who would 
have granted it but for the unanimity requirement of this subrule.
(4) Motion for Peremptory Reversal. The appellant may file a motion for 
peremptory reversal on the ground that reversible error is so manifest that an 
immediate reversal of the judgment or order appealed from should be granted 
without formal argument or submission. The decision to grant a motion for 
peremptory reversal must be unanimous. An order denying a motion for 
peremptory reversal may identify the judge or judges who would have granted 
it but for the unanimity requirement of this subrule.
(5) Motion to Withdraw. A court-appointed appellate attorney for an indigent 
appellant may file a motion to withdraw if the attorney determines, after a 
conscientious and thorough review of the trial court record, that the appeal is 
wholly frivolous.
(a) A motion to withdraw is made by filing:
(i) 5 copies of a motion to withdraw (one signed) which identifies any 
points the appellant seeks to assert and any other matters that the 
attorney has considered as a basis for appeal;
(ii) 5 copies of a brief conforming to MCR 7.212(C), which refers to 
anything in the record that might arguably support the appeal, contains 
relevant record references, and cites and deals with those authorities 
which appear to bear on the points in question;
(iii) proof that copies of the motion, brief in support, and notice that the 
motion may result in the conviction or trial court judgment being 
affirmed were served on the appellant by certified mail; and
(iv) proof that a copy of the motion only and not the brief was served 
the appellee.
(b) The motion to withdraw and supporting papers will be submitted to the 
court for decision on the first Tuesday
(i) 28 days after the appellant is served in appeals from orders of the 
family division of the circuit court terminating parental rights under the 
Juvenile Code, or
(ii) 56 days after the appellant is served in all other appeals.
 The appellant may file with the court an answer and brief in which he or .
she may make any comments and raise any points that he or she chooses 
concerning the appeal and the attorney's motion. The appellant must file 
proof that a copy of the answer was served on his or her attorney.
(c) If the court finds that the appeal is wholly frivolous, it may grant the 
motion and affirm the conviction or trial court judgment. If the court grants 
the motion to withdraw, the appellant's attorney shall mail to the appellant 
a copy of the transcript within 14 days after the order affirming is certified 
and file proof of that service. If the court finds any legal point arguable on 
its merits, it will deny the motion and the court appointed attorney must file 
an appellant's brief in support of the appeal.
(6) Motion for Immediate Consideration. A party may file a motion for 
immediate consideration to expedite hearing on another motion. The motion 
must state facts showing why immediate consideration is required. If a copy of 
the motion for immediate consideration and a copy of the motion of which 
immediate consideration is sought are personally served under MCR 
2.107(C)(1) or (2), the motions may be submitted to the court immediately on 
filing. If mail service is used, motions may not be submitted until the first 
Tuesday 7 days after the date of service, unless the party served acknowledges 
receipt. The trial court or tribunal record need not be requested unless it is 
required as to the motion of which immediate consideration is sought.
(7) Confession of Error by Prosecutor. In a criminal case, if the prosecutor 
concurs in the relief requested by the defendant, the prosecutor shall file a 
confession of error so indicating, which may state reasons why concurrence in 
the relief requested is appropriate. The confession of error shall be submitted to 
one judge pursuant to MCR 7.211(E). If the judge approves the confession of 
error, the judge shall enter an order or opinion granting the relief. If the judge 
rejects the confession of error, the case shall be submitted for decision through 
the ordinary processes of the court, and the confession of error shall be 
submitted to the panel assigned to decide the case.
(8) Vexatious Proceedings. A party's request for damages or other disciplinary 
action under MCR 7.216(C) must be contained in a motion filed under this rule. 
A request that is contained in any other pleading, including a brief filed under 
MCR 7.212, will not constitute a motion under this rule. A party may file a 
motion for damages or other disciplinary action under MCR 7.216(C) at any
time within 21 days after the date of the order or opinion that disposes of the 
matter that is asserted to have been vexatious.
(9) Motion to Seal Court of Appeals File in Whole or in Part.
(a) Trial court files that have been sealed in whole or in part by a trial court 
order will remain sealed while in the possession of the Court of Appeals. 
Public requests to view such trial court files will be referred to the trial 
court.
(b) Materials that are subject to a protective order entered under MCR 
2.302(C) may be submitted for inclusion in the Court of Appeals file in 
sealed form if they are accompanied by a copy of the protective order. A 
party objecting to such sealed submissions may file an appropriate motion 
in the Court of Appeals.
(c) Except as otherwise provided by statute or court rule, the procedure for 
sealing a Court of Appeals file is governed by MCR 8.119(F).  Materials that 
are subject to a motion to seal a Court of Appeals file in whole or in part 
shall be held under seal pending the court’s disposition of the motion.
(d) Any party or interested person may file an answer in response to a 
motion to seal a Court of Appeals file within 7 days after the motion is 
served on the other parties, or within 7 days after the motion is filed in the 
Court of Appeals, whichever is later.
(e) An order granting a motion shall include a finding of good cause, as 
defined by MCR 8.119(F)(2), and a finding that there is no less restrictive 
means to adequately and effectively protect the specific interest asserted.
(f) An order granting or denying a motion to seal a Court of Appeals file in 
whole or in part may be challenged by any person at any time during the 
pendency of an appeal.
(D) Submission of Motions. Motions in the Court of Appeals are submitted on 
Tuesday of each week. There is no oral argument on motions, unless ordered by 
the court.
(E) Decision on Motions.
(1) Except as provided in subrule (E)(2), orders may be entered only on the 
concurrence of the majority of the judges to whom the motion has been 
assigned.
(2) The chief judge or another designated judge may, acting alone, enter an 
order disposing of an administrative motion. Administrative motions include, 
but are not limited to:
(a) a motion to consolidate;
(b) a motion to extend the time to file a transcript or brief;
(c) a motion to strike a nonconforming brief;
(d) a motion for oral argument in a case that has not yet been placed on a 
session calendar;
(e) a motion to adjourn the hearing date of an application, complaint, or 
motion;
(f) a motion to dismiss a criminal appeal on the grounds that the defendant 
has absconded;
(g) a motion to file an amicus curiae brief;
(h) a motion to allow an out-of-state attorney to appear and practice.
Rule 7.212 Briefs
(A) Time for Filing and Service.
(1) Appellant's Brief.
(a) Filing. The appellant shall file 5 typewritten, xerographic, or printed 
copies of a brief with the Court of Appeals within
(i) 28 days after the claim of appeal is filed, the order granting leave is 
certified, or the transcript is filed with the trial court, whichever is later, 
in a child custody case or an interlocutory criminal appeal. This time 
may be extended only by the Court of Appeals on motion; or
(ii) the time provided by MCR 7.208(B)(5)(a), 7.208(B)(6), or 
7.211(C)(1), in a case in which one of those rules applies;
(iii) 56 days after the claim of appeal is filed, the order granting leave is 
certified, or the transcript is filed with the trial court or tribunal, 
whichever is later, in all other cases. In a criminal case in which 
substitute counsel is appointed for the defendant, the time runs from 
the date substitute counsel is appointed or the transcript is filed, 
whichever is later. The parties may extend the time within which the 
brief must be filed for 28 days by signed stipulation filed with the Court 
of Appeals. The Court of Appeals may extend the time on motion.
(b) Service. Within the time for filing the appellant's brief, 1 copy must be 
served on all other parties to the appeal and proof of that service filed with 
the Court of Appeals and served with the brief.
(2) Appellee's Brief.
(a) Filing. The appellee shall file 5 typewritten, xerographic, or printed 
copies of a brief with the Court of Appeals within
(i) 21 days after the appellant's brief is served on the appellee, in an 
interlocutory criminal appeal or a child custody case. This time may be 
extended only by the Court of Appeals on motion;
(ii) 35 days after the appellant's brief is served on the appellee, in all 
other cases. The parties may extend this time for 28 days by signed 
stipulation filed with the Court of Appeals. The Court of Appeals may 
extend the time on motion.
(b) Service. Within the time for filing the appellee's brief, 1 copy must be 
served on all other parties to the appeal and proof of that service must be 
filed with the Court of Appeals.
(3) Earlier Filing and Service. The time for filing and serving the appellant's or 
the appellee's brief may be shortened by order of the Court of Appeals on 
motion showing good cause.
(4) Late Filing. Any party failing to timely file and serve a brief required by this 
rule forfeits the right to oral argument.
(5) Motions. The filing of a motion does not stay the time for filing a brief.
(B) Length and Form of Briefs. Except as permitted by order of the Court of 
Appeals, and except as provided in subrule (G), briefs are limited to 50 pages 
double-spaced, exclusive of tables, indexes, and appendixes. Quotations and 
footnotes may be single-spaced. At least one-inch margins must be used, and 
printing shall not be smaller than 12-point type. A motion for leave to file a brief in 
excess of the page limitations of this subrule must be filed at least 21 days before 
the due date of the brief. Such motions are disfavored and will be granted only for 
extraordinary and compelling reasons.
(C) Appellant's Brief; Contents. The appellant's brief must contain, in the following 
order:
(1) A title page, stating the full title of the case and in capital letters or boldface 
type "ORAL ARGUMENT REQUESTED" or "ORAL ARGUMENT NOT REQUESTED." 
If the appeal involves a ruling that a provision of the Michigan Constitution, a 
Michigan Statute, a rule or regulation inlcuded in the Michigan Administrative 
Code, or any other action of the legislative or executive branch of state 
government is invalid, the title page must include the following in capital letters 
or boldface type: 
"THE APPEAL INVOLVES A RULING THAT A PROVISION OF THE CONSTITUTION, 
A STATUTE, RULE OR REGULATION, OR OTHER STATE GOVERNMENTAL ACTION 
IS INVALID";
(2) A table of contents, listing the subject headings of the brief, including the 
principal points of argument, in the order of presentation, with the numbers of 
the pages where they appear in the brief;
(3) An index of authorities, listing in alphabetical order all case authorities cited, 
with the complete citations including the years of decision, and all other 
authorities cited, with the numbers of the pages where they appear in the brief. 
(4) A statement of the basis of jurisdiction of the Court of Appeals.
(a) The statement concerning appellate jurisdiction must identify the 
statute, court rule, or court decision believed to confer jurisdiction on the 
Court of Appeals and the following information:
(i) the date of signing the judgment or order, or the date of data entry 
of the judgment or order in the issuing tribunal's register of actions, as 
applicable to confer jurisdiction on the Court of Appeals under MCR 
7.204 or MCR 7.205.
(ii) the filing date of any motion claimed to toll the time within which to 
appeal, the disposition of such a motion, and the date of entry of the 
order disposing of it;
(iii) in cases where appellate counsel is appointed, the date the request 
for appointment of appellate counsel was filed;
(iv) in cases where appellate counsel is retained or the party is 
proceeding in propria persona, the filing date of the claim of appeal or
the date of the order granting leave to appeal or leave to proceed under 
MCR 7.206.
(b) If the order sought to be reviewed adjudicates fewer than all the claims, 
or the rights and liabilities of fewer than all the parties, the statement must 
provide enough information to enable the court to determine whether there 
is jurisdiction.
(5) A statement of questions involved, stating concisely and without repetition 
the questions involved in the appeal. Each question must be expressed and 
numbered separately and be followed by the trial court's answer to it or the 
statement that the trial court failed to answer it and the appellant's answer to 
it. When possible, each answer must be given as "Yes" or "No";
(6) A statement of facts that must be a clear, concise, and chronological 
narrative. All material facts, both favorable and unfavorable, must be fairly 
stated without argument or bias. The statement must contain, with specific 
page references to the transcript, the pleadings, or other document or paper 
filed with the trial court,
(a) the nature of the action;
(b) the character of pleadings and proceedings;
(c) the substance of proof in sufficient detail to make it intelligible, 
indicating the facts that are in controversy and those that are not;
(d) the dates of important instruments and events;
(e) the rulings and orders of the trial court;
(f) the verdict and judgment; and
(g) any other matters necessary to an understanding of the controversy and 
the questions involved;
(7) The arguments, each portion of which must be prefaced by the principal 
point stated in capital letters or boldface type. As to each issue, the argument 
must include a statement of the applicable standard or standards of review and 
supporting authorities. Facts stated must be supported by specific page 
references to the transcript, the pleadings, or other document or paper filed 
with the trial court. Page references to the transcript, the pleadings, or other 
document or paper filed with the trial court must also be given to show whether 
the issue was preserved for appeal by appropriate objection or by other means. 
If determination of the issues presented requires the study of a constitution, 
statute, ordinance, administrative rule, court rule, rule of evidence, judgment, 
order, written instrument, or document, or relevant part thereof, this material 
must be reproduced in the brief or in an addendum to the brief. If an argument 
is presented concerning the sentence imposed in a criminal case, the 
appellant's attorney must send a copy of the presentence report to the court at 
the time the brief is filed;
(8) The relief, stating in a distinct, concluding section the order or judgment 
requested; and
(9) A signature.
(D) Appellee's Brief; Contents.
(1) Except as otherwise provided in this subrule, the appellee's brief must 
conform to subrule (C).
(2) The appellee must state whether the jurisdictional summary and the 
standard or standards of review stated in the appellant's brief are complete and 
correct. If they are not, the appellee must provide a complete jurisdictional 
summary and a counterstatement of the standard or standards of review, and 
supporting authorities.
(3) Unless under the headings "Statement of Questions Involved" and 
"Statement of Facts" the appellee accepts the appellant's statements, the 
appellee shall include:
(a) a counter-statement of questions involved, stating the appellee's 
version of the questions involved; and
(b) a counter-statement of facts, pointing out the inaccuracies and 
deficiencies in the appellant's statement of facts without repeating that 
statement and with specific page references to the transcript, the pleadings, 
or other document or paper filed with the trial court, to support the 
appellee's assertions.
(E) Briefs in Cross Appeals. The filing and service of briefs by a cross appellant and 
a cross appellee are governed by subrules (A)-(D).
(F) Supplemental Authority. Without leave of court, a party may file an original and 
four copies of a one-page communication, titled "supplemental authority," to call 
the court's attention to new authority released after the party filed its brief. Such a 
communication,
(1) may not raise new issues;
(2) may only discuss how the new authority applies to the case, and may not 
repeat arguments or authorities contained in the party's brief;
(3) may not cite unpublished opinions.
(G) Reply Briefs. An appellant or a cross-appellant may reply to the brief of an 
appellee or cross-appellee within 21 days after service of the brief of the appellee 
or cross-appellee. Reply briefs must be confined to rebuttal of the arguments in the 
appellee's or cross-appellee's brief and must be limited to 10 pages, exclusive of 
tables, indexes, and appendices, and must include a table of contents and an index 
of authorities. No additional or supplemental briefs may be filed except as provided 
by subrule (F) or by leave of the Court.
(H) Amicus Curiae.
(1) An amicus curiae brief may be filed only on motion granted by the Court of 
Appeals. The motion must be filed within 21 days after the appellee's brief is 
filed. If the motion is granted, the order will state the date by which the brief 
must be filed.
(2) The brief is limited to the issues raised by the parties. An amicus curiae may 
not participate in oral argument except by court order.
(I) Nonconforming Briefs. If, on its own initiative or on a party's motion, the court 
concludes that a brief does not substantially comply with the requirements in this 
rule, it may order the party who filed the brief to file a supplemental brief within a 
specified time correcting the deficiencies, or it may strike the nonconforming brief.

Rule 7.213 Calendar Cases
(A) Pre-Argument Conference in Calendar Cases.
(1) At any time before submission of a case, the Court of Appeals may direct 
the attorneys for the parties and client representatives with information and 
authority adequate for responsible and effective participation in settlement 
discussions to appear in person or by telephone for a pre-argument conference. 
The conference will be conducted by the court, or by a judge, retired judge or 
attorney designated by the court, known as a mediator. The conference shall 
consider the possibility of settlement, the simplification of the issues, and any 
other matters which the mediator determines may aid in the handling of or the 
disposition of the appeal. The mediator shall make an order that recites the 
action taken at the conference and the agreements made by the parties as to 
any of the matters considered, and that limits the issues to those not disposed 
of by the admissions or agreements of counsel. Such order, when entered, 
controls the subsequent proceedings, unless modified to prevent manifest 
injustice.
(2) All civil cases will be examined to determine if a pre-argument conference 
would be of assistance to the court or the parties. An attorney or a party may 
request a pre-argument conference in any case. Such a request shall be 
confidential. The pre-argument conference shall be conducted by
(a) the court, or by a judge, retired judge or attorney designated by the 
court;
(b) if the parties unanimously agree, a special mediator designated by the 
court or selected by unanimous agreement of the parties. The special 
mediator shall be an attorney, licensed in Michigan, who possesses either 
mediation-type experience or expertise in the subject matter of the case. 
The special mediator may charge a reasonable fee, which shall be divided 
and borne equally by the parties unless agreed otherwise and paid by the 
parties directly to the mediator. If a party does not agree upon the fee 
requested by the mediator, upon motion of the party, the Court of Appeals 
shall set a reasonable fee.
When a case has been selected for participation in a pre-argument 
conference, participation in the conference is mandatory; however, the 
Court of Appeals may except the case from participation on motion for good 
cause shown if it finds that a pre-argument conference in that case would 
be inappropriate.
(3) Any judge who participates in a pre-argument conference or becomes 
involved in settlement discussions under this rule may not thereafter consider 
any aspect of the merits of the case, except that participation in a pre-argument
 conference shall not preclude the judge from considering the case 
pursuant to MCR 7.215(J).
(4) Statements and comments made during the pre-argument conference are 
confidential, except to the extent disclosed by the pre-argument conference 
order, and shall not be disclosed by the mediator or by the participants in briefs 
or in argument.
(5) To facilitate the pre-argument conference, unless one has already been 
filed, an appellant must file the docketing statement required by MCR 7.204(H).
(6) Upon failure by a party or attorney to comply with a provision of this rule or 
the pre-argument conference order, the Court of Appeals may assess 
reasonable expenses caused by the failure, including attorney's fees, may 
assess all or a portion of appellate costs, or may dismiss the appeal. 
(B) Notice of Calendar Cases. After the briefs of both parties have been filed, or 
after the expiration of the time for filing the appellee's brief, the clerk shall notify 
the parties that the case will be submitted as a "calendar case" at the next available 
session of the court.
(C) Priority on Calendar. The priority of cases on the session calendar is in 
accordance with the initial filing dates of the cases, except that precedence shall be 
given to:
(1) interlocutory criminal appeals; 
(2) child custody cases;
(3) interlocutory appeals from the grant of a preliminary injunction
(4) appeals from all cases involving election issues, including, but not limited 
to, recall elections and petition disputes;
(5) appeals of decisions holding that a provision of the Michigan Constitution, a 
Michigan statute, a rule or regulation included in the Michigan Administrative 
Code, or any other action of the legislative or executive branch of state 
government is invalid; and 
(6) cases that the court orders expedited.
(D) Arrangement of Calendar. Twenty-one days before the first day of the session, 
the clerk shall mail to all parties in each calendar case notice of the designated 
panel, location, day, and order in which the cases will be called.
(E) Adjournment. A change may not be made in the session calendar, except by 
order of the court on its own initiative or in response to timely motions filed by the 
parties. A calendar case will not be withdrawn after being placed on the session 
calendar, except on a showing of extreme emergency.

Rule 7.214 Argument of Calendar Cases
(A) Request for Argument. Oral argument of a calendar case is not permitted, 
except on order of the court, unless a party has stated on the title page of his or 
her brief in capital letters or boldface type "ORAL ARGUMENT REQUESTED." The 
failure of a party to properly request oral argument or to timely file and serve a 
brief waives the right to oral argument. If neither party is entitled to oral argument, 
the clerk will list the case as submitted on briefs.
(B) Length of Argument. In a calendar case the time allowed for argument is 30 
minutes for each side. When only one side is represented, only 15 minutes is 
allowed to that side. The time for argument may be extended by the court on 
motion filed at least 21 days before the session begins, or by the presiding judge 
during argument.
(C) Call for Argument. The court, on each day of the session, will call the cases for 
argument in the order they appear on the session calendar as arranged.
(D) Submission on Briefs. A case may be submitted on briefs by stipulation at any 
time.
(E) Decision Without Oral Argument. Cases may be assigned to panels of judges for 
appropriate review and disposition without oral argument as provided in this 
subrule.
(1) If, as a result of review under this rule, the panel unanimously concludes 
that
(a) the dispositive issue or issues have been recently authoritatively 
decided;
(b) the briefs and record adequately present the facts and legal arguments, 
and the court's deliberation would not be significantly aided by oral 
argument; or
(c) the appeal is without merit;
the panel may enter without oral argument an appropriate order or opinion 
dismissing the appeal, affirming, reversing, or vacating the judgment or 
order appealed from, or remanding the case for additional proceedings.
(2) Any party's brief may include, at the conclusion of the brief, a statement 
setting forth the reasons why oral argument should be heard.
Rule 7.215 Opinions, Orders, Judgments, and Final Process for Court of 
Appeals
(A) Opinions of Court. An opinion must be written and bear the writer's name or the 
label "per curiam" or "memorandum" opinion. An opinion of the court that bears the 
writer's name shall be published by the Supreme Court reporter of decisions. A 
memorandum opinion shall not be published. A per curiam opinion shall not be 
published unless one of the judges deciding the case directs the reporter to do so at 
the time it is filed with the clerk. A copy of an opinion to be published must be 
delivered to the reporter no later than when it is filed with the clerk. The reporter is 
responsible for having those opinions published as are opinions of the Supreme CHAPTER 7   APPELLATE RULES Chapter Last Updated 
9/29/2011
Court, but in separate volumes containing opinions of the Court of Appeals only, in 
a form and under a contract approved by the Supreme Court.
(B) Standards for Publication. A court opinion must be published if it:
(1) establishes a new rule of law;
(2) construes a provision of a constitution, statute, ordinance, or court rule;
(3) alters or modifies an existing rule of law or extends it to a new factual 
context;
(4) reaffirms a principle of law not applied in a recently reported decision;
(5) involves a legal issue of continuing public interest;
(6) criticizes existing law; or
(7) creates or resolves an apparent conflict of authority, whether or not the 
earlier opinion was reported; or
(8) decides an appeal from a lower court order ruling that a provision of the 
Michigan Constitution, a Michigan Statute, a rule or regulation included in the 
Michigan Administrative Code, or any other action of the legislative or executive 
branch of state government is invalid.
(C) Precedent of Opinions.
(1) An unpublished opinion is not precedentially binding under the rule of stare 
decisis. A party who cites an unpublished opinion must provide a copy of the 
opinion to the court and to opposing parties with the brief or other paper in 
which the citation appears.
(2) A published opinion of the Court of Appeals has precedential effect under 
the rule of stare decisis. The filing of an application for leave to appeal to the 
Supreme Court or a Supreme Court order granting leave to appeal does not 
diminish the precedential effect of a published opinion of the Court of Appeals.
(D) Requesting Publication.
(1) Any party may request publication of an authored or per curiam opinion not 
designated for publication by
(a) filing with the clerk 4 copies of a letter stating why the opinion should 
be published, and
(b) mailing a copy to each party to the appeal not joining in the request, 
and to the clerk of the Supreme Court.
Such a request must be filed within 21 days after release of the unpublished 
opinion or, if a timely motion for rehearing is filed, within 21 days after the 
denial of the motion.
(2) Any party served with a copy of the request may file a response within 14 
days in the same manner as provided in subrule (D)(1).
(3) Promptly after the expiration of the time provided in subrule (D)(2), the 
clerk shall submit the request, and any response that has been received, to the 
panel that filed the opinion. Within 21 days after submission of the request, the 
panel shall decide whether to direct that the opinion be published. The opinion 
shall be published only if the panel unanimously so directs. Failure of the panel 
to act within 21 days shall be treated as a denial of the request.
(4) The Court of Appeals shall not direct publication if the Supreme Court has 
denied an application for leave to appeal under MCR 7.302.
(E) Judgment.
(1) When the Court of Appeals disposes of an original action or an appeal, 
whether taken as of right, by leave granted, or by order in lieu of leave being 
granted, its opinion or order is its judgment. An order denying leave to appeal 
is not deemed to dispose of an appeal.
(2) The clerk shall send a certified copy of the opinion or order, with the date of 
filing stamped on it, to each party and, in an appeal, to the court or tribunal 
from which the appeal was received. In criminal cases, the clerk shall provide 
an additional copy of any opinion or order disposing of an appeal or of any 
order denying leave to appeal to the defendant's lawyer, which the lawyer must 
promptly send to the defendant. An opinion or order is notice of the entry of 
judgment of the Court of Appeals.
(F) Execution and Enforcement.
(1) Routine Issuance. Unless otherwise ordered by the Court of Appeals or the 
Supreme Court or as otherwise provided by these rules,
(a) the Court of Appeals judgment is effective after the expiration of the 
time for filing an application for leave to appeal to the Supreme Court, or, if 
such an application is filed, after the disposition of the case by the Supreme 
Court;
(b) execution on the Court of Appeals judgment is to be obtained or 
enforcement proceedings had in the trial court or tribunal after the record 
has been returned (by the clerk under MCR 7.210[I] or by the Supreme 
Court clerk under MCR 7.311[B]) with a certified copy of the court's 
judgment or, if a record was not transmitted to the Court of Appeals, after 
the time specified for return of the record had it been transmitted.
(2) Exceptional Issuance. The court may order that a judgment described in 
subrule (E) has immediate effect. The order does not prevent the filing of a 
motion for rehearing, but the filing of the motion does not stay execution or 
enforcement.
(G) Entry, Issuance, Execution on, and Enforcement of All Other Orders. An order 
other than one described in subrule (E) is entered on the date of filing. The clerk 
must promptly send a certified copy to each party and to the trial court or tribunal. 
Unless otherwise stated, an order is effective on the date it is entered.
(H)Certain Dispositive Orders and Opinions in Criminal Cases; Expedited Notice to 
Prosecutor. In a criminal case, if the prosecuting attorney files a notice of a victim's 
request for information and proof that copies of the notice were served on the other 
parties to the appeal, then, coincident with issuing an order or opinion that reverse
a conviction, vacates a sentence, remands a case to the trial court for a new trial, 
or denies the prosecuting attorney's appeal, the clerk of the court must 
electronically transmit a copy of the order or opinion to the prosecuting attorney at 
a facsimile number or electronic mail address provided by the prosecuting attorney 
in the notice.
(I) Reconsideration.
(1) A motion for reconsideration may be filed within 21 days after the date of 
the order or the date stamped on an opinion. The motion shall include all facts, 
arguments, and citations to authorities in a single document and shall not 
exceed 10 double-spaced pages. A copy of the order or opinion of which 
reconsideration is sought must be included with the motion. Motions for 
reconsideration are subject to the restrictions contained in MCR 2.119(F)(3).
(2) A party may answer a motion for reconsideration within 14 days after the 
motion is served on the party. An answer to a motion for reconsideration shall 
be a single document and shall not exceed 7 double-spaced pages.
(3) The clerk will not accept for filing a motion for reconsideration of an order 
denying a motion for reconsideration.
(4) The clerk will not accept for filing a late motion for reconsideration.
(J) Resolution of Conflicts in Court of Appeals Decisions.
(1) Precedential Effect of Published Decisions. A panel of the Court of Appeals 
must follow the rule of law established by a prior published decision of the 
Court of Appeals issued on or after November 1, 1990, that has not been 
reversed or modified by the Supreme Court, or by a special panel of the Court 
of Appeals as provided in this rule. 
(2) Conflicting Opinion. A panel that follows a prior published decision only 
because it is required to do so by subrule (1) must so indicate in the text of its 
opinion, citing this rule and explaining its disagreement with the prior decision. 
The panel's opinion must be published in the official reports of opinions of the 
Court of Appeals. 
(3) Convening of Special Panel.
(a) Poll of Judges. Except as provided in subrule (3)(b), within 28 days after 
release of the opinion indicating disagreement with a prior decision as 
provided in subrule (2), the chief judge must poll the judges of the Court of 
Appeals to determine whether the particular question is both outcome 
determinative and warrants convening a special panel to rehear the case for 
the purpose of resolving the conflict that would have been created but for 
the provisions of subrule (1). Special panels may be convened to consider 
outcome-determinative questions only.
(b) Effect of Pending Supreme Court Appeal. No poll shall be conducted and 
a special panel shall not be convened if, at the time the judges are required 
to be polled, the Supreme Court has granted leave to appeal in the 
controlling case.
(c) Order. Immediately following the poll, an order reflecting the result 
must be entered. The chief clerk of the Court of Appeals must provide a 
copy of the order to the Clerk of the Supreme Court. The order must be 
published in the official reports of opinions of the Court of Appeals. 
(4) Composition of Panel. A special panel convened pursuant to this rule 
consists of 7 judges of the Court of Appeals selected by lot, except that judges 
who participated in either the controlling decision or the opinion in the case at 
bar may not be selected.
(5) Consideration of Case by Panel. An order directing the convening of a 
special panel must vacate only that portion of the prior opinion in the case at 
bar addressing the particular question that would have been decided differently 
but for the provisions of subrule (1). The special panel shall limit its review to 
resolving the conflict that would have been created but for the provisions of 
subrule (1) and applying its decision to the case at bar. The parties are 
permitted to file supplemental briefs, and are entitled to oral argument before 
the special panel unless the panel unanimously agrees to dispense with oral 
argument. The special panel shall return to the original panel for further 
consideration any remaining, unresolved issues, as the case may require.
(6) Decision. The decision of the special panel must be by published opinion or 
order and is binding on all panels of the Court of Appeals unless reversed or 
modified by the Supreme Court.
(7) Reconsideration; Appeal. There is no appeal from the decision of the Court 
of Appeals as to whether to convene a special panel. As to the decision in the 
case at bar, the time limits for moving for rehearing or for filing an application 
for leave to appeal to the Supreme Court run from the date of the order 
declining to convene a special panel or, if a special panel is convened, from the 
date of the decision of the special panel, except that, if the case is returned to 
the original panel for further consideration in accordance with subrule (5), the 
time limits shall run from the date of the original panel's decision, after return 
from the special panel. If a motion for reconsideration is filed, it shall be 
submitted to the special panel, which, if appropriate, may refer some or all of 
the issues presented to the original panel.

Rule 7.216 Miscellaneous Relief
(A) Relief Obtainable. The Court of Appeals may, at any time, in addition to its 
general powers, in its discretion, and on the terms it deems just:
(1) exercise any or all of the powers of amendment of the trial court or tribunal;
(2) allow substitution, addition, or deletion of parties or allow parties to be 
rearranged as appellants or appellees, on reasonable notice;
(3) permit amendment or additions to the grounds for appeal;
(4) permit amendments, corrections, or additions to the transcript or record;
(5) remand the case to allow additional evidence to be taken;
(6) draw inferences of fact;
(7) enter any judgment or order or grant further or different relief as the case 
may require;
(8) if a judgment notwithstanding the verdict is set aside on appeal, grant a 
new trial or other relief as necessary;
(9) direct the parties as to how to proceed in any case pending before it;
(10) dismiss an appeal or an original proceeding for lack of jurisdiction or failure 
of the appellant or the plaintiff to pursue the case in conformity with the rules.
(B) Allowing Act After Expiration of Time. When any nonjurisdictional act is required 
to be done within a designated time, the Court of Appeals may permit it to be done 
after expiration of the period on motion showing that there was good cause for 
delay or that it was not due to the culpable negligence of the party or attorney.
(C) Vexatious Proceedings.
(1) The Court of Appeals may, on its own initiative or on the motion of any 
party filed under MCR 7.211(C)(8), assess actual and punitive damages or take 
other disciplinary action when it determines that an appeal or any of the 
proceedings in an appeal was vexatious because
(a) the appeal was taken for purposes of hindrance or delay or without any 
reasonable basis for belief that there was a meritorious issue to be 
determined on appeal; or
(b) a pleading, motion, argument, brief, document, record filed in the case 
or any testimony presented in the case was grossly lacking in the 
requirements of propriety, violated court rules, or grossly disregarded the 
requirements of a fair presentation of the issues to the court.
(2) Damages may not exceed actual damages and expenses incurred by the 
opposing party because of the vexatious appeal or proceeding, including 
reasonable attorney fees, and punitive damages in an added amount not 
exceeding the actual damages. The court may remand the case to the trial 
court or tribunal for a determination of actual damages.

Rule 7.217 Involuntary Dismissal of Cases
(A) Dismissal. If the appellant, or the plaintiff in an original action under MCR 
7.206, fails to order a transcript, file a brief, or comply with court rules, the clerk 
will notify the parties that the appeal may be dismissed for want of prosecution 
unless the deficiency is remedied within 21 days after the date of the clerk's notice 
of deficiency. If the deficiency is not remedied within that time, the chief judge or 
another designated judge may dismiss the appeal for want of prosecution.
(B) Notice. A copy of an order dismissing an appeal for want of prosecution will be 
sent to the parties and the court or tribunal from which the appeal originated.
(C) Other Action. In all instances of failure to prosecute an appeal to hearing as 
required, the chief judge or another designated judge may take such other action 
as is deemed appropriate.
(D) Reinstatement.
(1) Within 21 days after the date of the clerk's notice of dismissal pursuant to 
this rule, the appellant or plaintiff may seek relief from dismissal by showing 
mistake, inadvertence, or excusable neglect.
(2) The chief judge of the Court of Appeals will decide all untimely motions for 
reinstatement of an appeal.
Rule 7.218 Voluntary Dismissal
(A) Dismissal by Appellant. In all cases where the appellant or plaintiff in an original 
action under MCR 7.206 files an unopposed motion to withdraw the appeal, the 
clerk will enter an order of dismissal.
(B) Stipulation to Dismiss. The parties to a case in the Court of Appeals may file 
with the clerk a signed stipulation agreeing to dismissal of an appeal or an action 
brought under MCR 7.206. On payment of all fees, the clerk will enter an order 
dismissing the appeal or the action under MCR 7.206, except that class actions or 
cases submitted on a session calendar may not be dismissed except by order of the 
Court of Appeals.

Rule 7.219 Taxation of Costs; Fees
(A) Right to Costs. Except as the Court of Appeals otherwise directs, the prevailing 
party in a civil case is entitled to costs.
(B) Time for Filing. Within 28 days after the dispositive order, opinion, or order 
denying reconsideration is mailed, the prevailing party may file a certified or 
verified bill of costs with the clerk and serve a copy on all other parties. Each item 
claimed in the bill must be specified. Failure to file a bill of costs within the time 
prescribed waives the right to costs.
(C) Objections. Any other party may file objections to the bill of costs with the clerk 
within 7 days after a copy of the bill is served. The objecting party must serve a 
copy of the objections on the prevailing party and file proof of that service.
(D) Taxation. The clerk will promptly verify the bill and tax those costs allowable.
(E) Review. The action by the clerk will be reviewed by the Court of Appeals on 
motion of either party filed within 7 days from the date of taxation, but on review 
only those affidavits or objections which were previously filed with the clerk may be 
considered by the court.
(F) Costs Taxable. A prevailing party may tax only the reasonable costs incurred in 
the Court of Appeals, including:
(1) printing of briefs, or if briefs were typewritten, a charge of $1 per original 
page;
(2) any appeal or stay bond;
(3) the transcript and necessary copies of it;
(4) documents required for the record on appeal;
(5) fees paid to the clerk or to the trial court clerk incident to the appeal;
(6) taxable costs allowed by law in appeals to the Supreme Court (MCL 
600.2441); and
(7) other expenses taxable under applicable court rules.
(G) Fees Paid to Clerk. The clerk shall collect the following fees, which may be 
taxed as costs:
(1) the fee required by law for a claim of appeal, application for leave to appeal, 
application for delayed appeal, original complaint, or motion;
(2) 50¢ per page for a certified copy of a paper from a public record;
(3) $5 for certified docket entries;
(4) $1 per document for certification of a copy presented to the clerk; and
(5) 50¢ per page for a copy of an opinion; however, one copy must be given 
without charge to each party in a case.
A person who is unable to pay a filing fee may ask the court to waive the fee by 
filing a motion and an affidavit disclosing the reason for the inability.
(H) Rule Applicable. Except as provided in this rule, MCR 2.625 applies generally to 
taxation of costs in the Court of Appeals.
(I) Violation of Rules. The Court of Appeals may impose costs on a party or an 
attorney when in its discretion they should be assessed for violation of these rules.
Subchapter 7.300 Supreme Court

Rule 7.301 Jurisdiction and Term
(A) Jurisdiction. The Supreme Court may:
(1) review a Judicial Tenure Commission order recommending discipline, 
removal, retirement, or suspension (see MCR 9.223-9.226);
(2) review by appeal a case pending in the Court of Appeals or after decision by 
the Court of Appeals (see MCR 7.302);
(3) review by appeal a final order of the Attorney Discipline Board (see MCR 
9.122);
(4) give an advisory opinion (see Const 1963, art 3, § 8);
(5) respond to a certified question (see MCR 7.305);
(6) exercise superintending control over a lower court or tribunal (see, e.g., 
MCR 7.304);
(7) exercise other jurisdiction as provided by the constitution or by law.
(B) Term. The Court will hold an annual term beginning on August 1 and ending on 
July 31. At every term, the Court will announce a date after which it will not call 
cases for argument except pursuant to order on a showing of special cause. Except 
as provided in MCR 7.312(E), the end of a term has no effect on pending cases.

Rule 7.302 Application for Leave to Appeal
(A) What to File. To apply for leave to appeal, a party must file:
(1) 8 copies of an application for leave to appeal (one must be signed) prepared 
in conformity with MCR 7.212(B) and consisting of the following:
(a) a statement identifying the judgment or order appealed from and 
indicating the relief sought;
(b) the questions presented for review related in concise terms to the facts 
of the case;
(c) a table of contents and index of authorities conforming to MCR 
7.212(C)(2) and (3);
(d) a concise statement of the material proceedings and facts conforming to 
MCR 7.212(C)(6);
(e) a concise argument, conforming to MCR 7.212(C)(7), in support of the 
appellant's position on each of the stated questions;
(f) any opinion, findings, or judgment of the trial court relevant to the 
question as to which leave to appeal is sought;
(g) the opinion or order of the Court of Appeals, unless review of a pending 
case is being sought;
(2) A notice for hearing stating that the application will be submitted to the 
Court on a date which is on a Tuesday at least 21 days after the filing of the 
application;
(3) Proof that a copy of the application was served on all other parties, and that 
a notice of the filing of the application was served on the clerks of the Court of 
Appeals and the trial court; and
(4) The fee provided by MCR 7.319(B)(7)(a).
(B) Grounds. The application must show that
(1) the issue involves a substantial question as to the validity of a legislative 
act;
(2) the issue has significant public interest and the case is one by or against the 
state or one of its agencies or subdivisions or by or against an officer of the 
state or one of its agencies or subdivisions in the officer's official capacity;
(3) the issue involves legal principles of major significance to the state's 
jurisprudence;
(4) in an appeal before decision by the Court of Appeals,
(a) delay in final adjudication is likely to cause substantial harm, or
(b) the appeal is from a ruling that a provision of the Michigan Constitution, 
a Michigan Statute, a rule or regulation included in the Michigan 
Administrative Code, or any other action of the legislative or executive 
branch of state government is invalid;
(5) in an appeal from a decision of the Court of Appeals, the decision is clearly 
erroneous and will cause material injustice or the decision conflicts with a 
Supreme Court decision or another decision of the Court of Appeals; or
(6) in an appeal from the Attorney Discipline Board, the decision is erroneous 
and will cause material injustice.
(C) When to File.
(1) Before Court of Appeals Decision. In an appeal before the Court of Appeals 
decision, the application must be filed within 42 days
(a) after a claim of appeal is filed in the Court of Appeals;
(b) after an application for leave to appeal is filed in the Court of Appeals; 
or
(c) after entry of an order by the Court of Appeals granting an application 
for leave to appeal.
(2) Other Appeals. Except as provided in subrule (C)(4), in other appeals the 
application must be filed within 42 days in civil cases, or within 56 days in 
criminal cases,
(a) after the Court of Appeals clerk mails notice of an order entered by the 
Court of Appeals;
(b) after the filing of the opinion appealed from; or
(c) after the Court of Appeals clerk mails notice of an order denying a timely 
filed motion for rehearing. 
However, the time limit is 28 days where the appeal is from an order 
terminating parental rights or an order of discipline or dismissal entered by the 
Attorney Discipline Board.
(3) Late Application, Exception. Late applications will not be accepted except as 
allowed under this subrule.  If an application for leave to appeal in a criminal 
case is received by the clerk more than 56 days after the Court of Appeals 
decision, and the appellant is an inmate in the custody of the Michigan 
Department of Corrections and has submitted the application as a pro se party, 
the application shall be deemed presented for filing on the date of deposit of the 
application in the outgoing mail at the correctional institution in which the 
inmate is housed.  Timely filing may be shown by a sworn statement, which 
must set forth the date of deposit and state that first-class postage has been 
prepaid. The exception applies to applications from decisions of the Court of 
Appeals rendered on or after March 1, 2010.  This exception also applies to an 
inmate housed in a penal institution in another state or in a federal penal 
institution who seeks to appeal in a Michigan court.
(4) Decisions Remanding for Further Proceedings. If the decision of the Court of 
Appeals remands the case to a lower court for further proceedings, an 
application for leave may be filed within 28 days in appeals from orders 
terminating parental rights, 42 days in other civil cases, or 56 days in criminal 
cases, after
(a) the Court of Appeals decision ordering the remand,
(b) the Court of Appeals clerk mails notice of an order denying a timely filed 
motion for rehearing of a decision remanding the case to the lower court for 
further proceedings, or
(c) the Court of Appeals decision disposing of the case following the remand 
procedure, in which case an application may be made on all issues raised in 
the Court of Appeals, including those related to the remand question.
(5) Effect of Appeal on Decision Remanding Case. If a party appeals a decision 
which remands for further proceedings as provided in subrule (C)(4)(a), the 
following provisions apply:
(a) If the Court of Appeals decision is a judgment under MCR 7.215(E)(1), 
an application for leave to appeal stays proceedings on remand unless the 
Court of Appeals or the Supreme Court orders otherwise.
(b) If the Court of Appeals decision is an order other than a judgment under 
MCR 7.215(E)(1), the proceedings on remand are not stayed by an 
application for leave to appeal unless so ordered by the Court of Appeals or 
the Supreme Court.
(6) Orders Denying Motions to Remand. If the Court of Appeals has denied a 
motion to remand, the appellant may raise issues relating to that denial in an 
application for leave to appeal from the decision on the merits.
(D) Opposing Brief; Cross Appeal.
(1) Any party may file 8 copies of an opposing brief before the day the 
application is noticed for hearing. He or she must file proof that a copy of the 
brief was served on all other parties.
(2) An application for leave to appeal as cross appellant may be filed with the 
clerk within 28 days after the appellant's application is filed. Late applications 
will not be accepted. The application must comply with subrule (A).
(E) Reply Briefs. A reply brief may be filed as provided by MCR 7.212(G).
(F) If, on its own initiative or on a party’s motion, the court concludes that a brief 
does not substantially comply with the requirements of this rule, it may order that 
party who filed the brief to file a supplemental brief within a specified time 
correcting the deficiencies, or it may strike the nonconforming brief.
(G) Emergencies. Any party may move for immediate consideration of a pending 
application by showing what injury would occur if usual procedures were followed. 
The motion or an accompanying affidavit must explain the manner of service of the 
motion on the other parties.
(H) Decision.
(1) Possible Court Actions. The Court may grant or deny the application, enter a 
final decision, or issue a peremptory order. There is no oral argument on 
applications unless ordered by the Court. The clerk shall issue the order entered 
and mail copies to the parties and to the Court of Appeals clerk.
(2) Appeal Before Court of Appeals Decision. If leave to appeal is granted, the 
appeal is thereafter pending in the Supreme Court only, and subchapter 7.300 
applies.
(3) Appeal After Court of Appeals Decision. If leave to appeal is denied, the 
Court of Appeals decision becomes the final adjudication and may be enforced 
in accordance with its terms. If leave to appeal is granted, jurisdiction over the 
case is vested in the Supreme Court, and subchapter 7.300 applies.
(4) Issues on Appeal.
(a) Unless otherwise ordered by the Court, appeals shall be limited to the 
issues raised in the application for leave to appeal.
(b) On motion of any party, for good cause, the Court may grant a request 
to add additional issues not raised in the application for leave to appeal or 
in the order granting leave to appeal. Permission to brief and argue such 
additional issues does not extend the time for filing of briefs and 
appendixes.
(I) Stay of Proceedings. MCR 7.209 applies to appeals to the Supreme Court. When 
a stay bond has been filed on appeal to the Court of Appeals under MCR 7.209 or a 
stay has been entered or takes effect pursuant to MCR 7.209(E)(4), it operates to 
stay proceedings pending disposition of the appeal in the Supreme Court unless 
otherwise ordered by the Supreme Court or Court of Appeals.

Rule 7.304 Original Proceedings
(A) When Available. A complaint may be filed in the Supreme Court to implement 
the Court's superintending control power when an application for leave to appeal 
cannot be filed. A complaint may be filed to implement the Court's superintending 
control power over the Board of Law Examiners, the Attorney Discipline Board, or 
the Attorney Grievance Commission.
(B) What to File. To initiate an original proceeding, a plaintiff must file with the 
clerk:
(1) 8 copies of a complaint;
(2) 8 copies of a brief conforming as nearly as possible to MCR 7.212(B) and 
(C);
(3) a notice of hearing, which must state that the complaint will be submitted to 
the Court on a date which is a Tuesday at least 21 days after the complaint is 
filed;
(4) proof that a copy of the complaint and brief was served on the defendant; 
and
(5) the fee provided by MCR 7.319(B)(7)(b).
Copies of documents, record evidence, or supporting affidavits may be attached as 
exhibits to the complaint. The complaint must be entitled:
"[Plaintiff] v [Court of Appeals, Board of Law Examiners, Attorney Discipline 
Board, or Attorney Grievance Commission]," 
and the clerk is directed to re-entitle any papers otherwise entitled.
(C) Answer.
(1) The defendant must file 8 copies of an answer and a brief conforming with 
MCR 7.212(B) and (D) before the date the complaint is noticed for hearing. The 
defendant must serve 1 copy on the plaintiff and file proof of that service with 
the clerk.
(2) The grievance administrator's answer to a complaint against the Attorney 
Grievance Commission must show the investigatory steps taken and other 
pertinent information.
(D) Actions Against Attorney Grievance Commission; Confidentiality. The clerk shall 
keep the file in an action against the Attorney Grievance Commission or the 
grievance administrator confidential and not open to the public if it appears that the 
complaint relates to matters that are confidential under MCR 9.126. In the answer 
to a complaint, the grievance administrator shall certify to the clerk whether the 
matters involved in the action are deemed confidential under MCR 9.126. The 
protection provided by MCR 9.126 continues, unless the Court otherwise orders.
(E) Decision. The Court may set the case for argument as on leave granted, grant 
or deny the relief requested, or enter another order it finds appropriate, including 
an order to show cause why the relief sought in the complaint should not be 
granted. There is no oral argument on complaints unless ordered by the Court.
Rule 7.305 Certified Questions
(A) From Michigan Courts.
(1) Whenever a court or tribunal from which an appeal may be taken to the 
Court of Appeals or to the Supreme Court has pending before it an action or 
proceeding involving a controlling question of public law, and the question is of 
such public moment as to require early determination according to executive 
message of the Governor addressed to the Supreme Court, the Supreme Court 
may authorize the court or tribunal to certify the question to the Supreme Court 
with a statement of the facts sufficient to make clear the application of the 
question. Further proceedings relative to the case are stayed to the extent 
ordered by the court or tribunal, pending receipt of an answer from the 
Supreme Court.
(2) If any question is not properly stated, or if sufficient facts are not given, the 
Supreme Court may require a further and better statement of the question or of 
the facts.
(3) The answer to a certified question is given by the Supreme Court in the 
ordinary form of an opinion, to be published with other opinions of the Supreme 
Court.
(4) After the answer of the Supreme Court has been sent, the court or tribunal 
will proceed with or dispose of the case in accordance with the Supreme Court's 
answer.
(B) From Other Courts.
(1) When a federal court, state appellate court, or tribal court considers a 
question that Michigan law may resolve and that is not controlled by Michigan 
Supreme Court precedent, the court may on its own initiative or that of an 
interested party certify the question to the Michigan Supreme Court.
(2) A certificate may be prepared by stipulation or at the certifying court's 
direction, and must contain
(a) the case title;
(b) a factual statement; and
(c) the question to be answered.
The presiding judge must sign it, and the clerk must certify it under seal.
(3) With the certificate, the parties shall submit
(a) briefs conforming with MCR 7.306 and 7.309;
(b) a joint appendix conforming with MCR 7.307, 7.308, and 7.309; and
(c) a request for oral argument, if oral argument is desired.
(4) If the Supreme Court responds to the question certified, the clerk shall send 
a copy to the certifying court under seal.
(5) The Supreme Court shall divide costs equally among the parties, subject to 
redistribution by the certifying court.
Rule 7.306 Briefs in Calendar Cases
(A) Form of Briefs. Briefs in calendar cases must be prepared in the form provided 
in MCR 7.212(B),(C), and (D) and produced as provided in MCR 7.309. For the 
purposes of this rule, references in MCR 7.212(C) and (D) to the "record" should be 
read as referring to the appendix.
(B) Length of Brief; Summary of Argument. In a brief in which the argument of any 
one issue exceeds 20 pages, a summary of argument must be included. The 
summary must be a succinct, accurate, and clear condensation of the argument 
actually made in the body of the brief and may not be a mere repetition of the 
headings under which the argument is arranged. Unless the Court allows a longer 
brief, a brief prepared in the manner authorized under MCR 7.309 may not exceed 
50 pages, excluding the table of contents, index of authorities, and appendix, but 
including the summary of argument.
(C) Reply Briefs. A reply brief may be filed as provided by MCR 7.212(G).
(D) Amicus Curiae Briefs. 
(1) Except as provided in subsection (2), an amicus curiae brief may be filed 
only on motion granted by the Court and must conform to subrules (A) and (B) 
and MCR 7.309. The brief of an amicus curiae is to be filed within 21 days after 
the brief of the appellee, or at such other time as the Court directs.  An amicus 
curiae may not participate in oral argument except by Court order.
(2) No motion for leave to file an amicus curiae brief is necessary if the brief is 
presented on behalf of the people of the state of Michigan or the state of 
Michigan, or any of its agencies or officials, by the Attorney General; on behalf 
of any political subdivision of the state when submitted by its authorized legal 
officer, its authorized agent, or an association representing a political 
subdivision; or on behalf of the Prosecuting Attorneys Association of Michigan or 
the Criminal Defense Attorneys of Michigan.
Rule 7.307 Appellant's Appendix
(A) Contents of Appendix. An appendix, entitled "Appellant's Appendix," must be 
separately bound. Each page number must be followed by the letter "a" (e.g., 1a). 
The appendix must contain
(1) a table of contents,
(2) the relevant docket entries both in the lower court and in the Court of 
Appeals arranged chronologically in a single column;
(3) the trial court judgment, order, or decision in question and the Court of 
Appeals opinion or order;
(4) any relevant finding or opinion of the trial court;
(5) any relevant portions of the pleadings or other parts of the record; and
(6) any relevant portions of the transcript, including the complete jury 
instructions if an issue is raised regarding a jury instruction.
The items listed in subrules (A)(3)-(6) shall be arranged in chronological order.
(B) Joint Appendix.
(1) The parties may stipulate to prepare a joint appendix, so designated, 
containing the matters that both want the justices to read to decide fairly the 
questions involved. A joint appendix shall meet the requirements of this rule 
and shall be separately bound and served with the appellant's brief.
(2) The stipulation to use a joint appendix may provide that either party may 
prepare, as a supplemental appendix, any additional portion of the record not 
covered by the joint appendix.

Rule 7.308 Appellee's Appendix
An appendix, entitled "Appellee's Appendix," may be filed, but must be separately 
bound. It may contain the part of the record the appellee wants the justices to read 
that has not been included in the appellant's appendix. The appellee's appendix 
must comply with the provisions of MCR 7.307. Each page number must be 
followed by the letter "b" (e.g., 1b). Material in the appellant's appendix may not be 
repeated in the appellee's appendix, except to clarify the subject matter included.
Rule 7.309 Preparation, Filing, and Serving Briefs and Appendixes
(A) Form.
(1) Briefs and appendixes shall be produced on good white unglazed paper by 
any printing, duplicating, or copying process that provides a clear image. 
Original typewritten pages may be used, but not carbon copies. Briefs and 
appendixes must be prepared in conformity with MCR 7.212(B), except that 
briefs must be printed on only one side of the page and appendixes must be 
printed on both sides of the page.
The necessary expense of preparation of briefs and appendixes to be taxed as costs 
pursuant to MCR 7.319 shall not exceed $2 per original page.
(2) The pages of the appendix must be numbered separately from the brief. In 
each appendix, brief running heads must be printed at the top of each page 
indicating the character of the matter contained on the page including, for 
testimony, the name of the witness, and, for documents, the nature of them. 
The clerk must refuse to receive a brief or appendix which has not been 
prepared in substantial conformity with this rule. The submission to the clerk of 
a nonconforming brief or appendix does not satisfy the time limitations for filing 
briefs and appendixes.
(3) A brief and appendix must have a suitable cover of heavy paper. The cover 
page must follow this form:
In the Supreme Court
Appeal from the [court or tribunal appealed from]
[judge or presiding officer]
______________________________
    Plaintiff-[Appellant or Appellee],
    v Docket No. ______________________
______________________________
    Defendant-[Appellee or Appellant].
Brief on Appeal – [Appellant or Appellee]
______________________
Attorney for [Plaintiff or Defendant]-[Appellant or Appellee]
[Business Address]
______________________
______________________
______________________
Appendixes shall be similarly endorsed, but shall be designated as appendixes 
instead of briefs. The cover of the brief of the appellant must be blue; that of the 
appellee, red; that of an intervenor or amicus curiae, green; that of any reply brief, 
gray; that of an appendix, yellow.
(B) Filing and Service; Dismissal.
(1) Appellant's Brief and Appendix. The appellant shall
(a) file 24 copies of a brief and appendix with the clerk within 56 days after 
leave to appeal is granted;
(b) serve 2 copies on each attorney who has appeared in the case for a 
separate party or group of parties and on each party who has appeared in 
person;
(c) serve 1 copy on the Attorney General in a criminal case or in a case in 
which the state is a party or interested; and
(d) file proof of service with the clerk.
(2) Appellee's Brief and Appendix. The appellee shall
(a) file 24 copies of a brief and appendix with the clerk within 35 days after 
the appellant's brief and appendix is served on the appellee;
(b) serve 2 copies on each attorney who has appeared in the case for a 
separate party or group of parties and on each party who has appeared in 
person;
(c) serve 1 copy on the Attorney General in a criminal case or in a case in 
which the state is a party or interested; and
(d) file proof of service with the clerk.
(3) Failure to File. If the appellant fails to file the brief and appendix within the 
time required, the Court may dismiss the case and award costs to the appellee, 
or affirm the judgment or order appealed from. A party filing a brief late forfeits 
the right to oral argument. The Court may extend the time on a party's motion.
(C) Earlier Filing and Serving. The time provided for filing and serving of the 
appellant's or the appellee's brief and appendix may be shortened on order of the 
Court on motion of either party or on the Court's own initiative.

Rule 7.310 Stipulations
The parties may stipulate in writing regarding any matter constituting the basis for 
an application for leave to appeal, or regarding any matter relevant to a part of the 
record on appeal. The parties may file with the clerk a stipulation agreeing to the 
dismissal of an application for leave to appeal or an appeal. The clerk shall present 
the stipulation to the Court, which shall enter the dismissal unless it concludes that 
the appeal should be decided notwithstanding the stipulation.
Rule 7.311 Filing Record on Appeal
(A) Transmission of Record. An appeal is heard on the original papers, which 
constitute the record on appeal. When requested by the Supreme Court clerk, the 
Court of Appeals clerk or the lower court clerk shall send to the Supreme Court 
clerk all papers on file in the Court of Appeals or the lower court, certified by the 
clerk. For an appeal originating from an administrative board, office, or tribunal, the 
record on appeal is the certified record filed with the Court of Appeals clerk and the 
papers filed with the Court of Appeals clerk.
(B) Return of Record. After final adjudication or other disposition of an appeal, the 
clerk shall return the original record to the Court of Appeals clerk, to the clerk of 
the lower court or tribunal in which the record was made, or to the clerk of the 
court to which the case has been remanded for further proceedings, and the clerk 
of the lower court to which the original record has been sent shall promptly notify 
the attorneys of the receipt of the record. The Supreme Court clerk shall forward a 
certified copy of the order or judgment entered by the Supreme Court to the Court 
of Appeals clerk and to the clerk of the trial court or tribunal from which the appeal 
was taken.

Rule 7.312 Supreme Court Calendar
(A) Definition. A case in which leave to appeal has been granted, or a case initiated 
in the Supreme Court which the Court determines will be heard and argued, is 
termed a "calendar case."
(B) Notice of Hearing; Request for Oral Argument.
(1) After the briefs of both parties have been filed or the time for filing the 
appellee's brief has expired, the clerk shall notify the parties that the case will 
be heard at a session of the Supreme Court not less than 35 days after the date 
of the notice. The Court may shorten the 35-day period.
(2) Except on order of the Court, a party is not entitled to oral argument unless 
that party advises the clerk, in writing, of the desire to argue orally at least 21 
days before the first day of the session. If neither party is entitled to oral 
argument, the clerk will list the case as submitted on briefs. The Court may 
direct that a case be submitted on briefs without oral argument.
(C) Arrangement of Calendar. Twenty-one days before the first day of the session, 
the clerk will place cases on the session calendar and arrange the order in which 
they are to be heard. The cases will be called and heard in that order except as 
provided in subrule (D).
(D) Adjournments; Rearrangement of Calendar. By stipulation filed with the clerk at 
least 21 days before the first day of the session, a case may be specially placed on 
the session calendar, grouped to suit the convenience of the attorneys, or placed at 
the end of the call. After the rearrangement of cases by the clerk, further changes 
may not be made by the attorneys. A motion to adjourn to another session may be 
made only for good cause and on notice to the opposing attorney at least 48 hours 
before the time set for hearing, unless the opposing attorney consents to it in 
writing.
(E) Reargument of Undecided Cases. When a calendar case, other than one argued 
pursuant to special order under MCR 7.301(B), remains undecided at the end of the 
term in which it was argued, either party may file a supplemental brief. In addition, 
if either party requests within 14 days after the beginning of the new term, the 
clerk shall schedule the case for reargument.

Rule 7.313 Motions in Supreme Court
(A) What to File. To have a motion heard, a party must file with the clerk:
(1) a motion stating briefly but distinctly the grounds on which it is based and 
the relief required;
(2) an affidavit supporting any allegations of fact in the motion;
(3) a notice that the motion will be heard on a Tuesday at least 7 days after the 
motion is filed;
(4) the fee provided by MCR 7.319(B)(7)(c) or (d); and
(5) proof that the motion and supporting papers were served on the opposing 
party.
Eight copies of the motion must be filed, except only 2 copies need be filed of a 
motion to extend time, to place a case on or withdraw a case from the session 
calendar, or for oral argument. The attorney must sign the motion. By filing a 
motion for immediate consideration, a party may obtain an earlier hearing on the 
motion.
(B) Motion Day. Tuesday of each week is motion day. There is no oral argument on 
motions, unless ordered by the Court.
(C) Answer. An answer may be filed at any time before an order is entered on the 
motion.
(D) Motion to Seal File.  Except as otherwise provided by statute or court rule, the 
procedure for sealing a Supreme Court file is governed by MCR 8.119(F).  Materials 
that are subject to a motion to seal a file in whole or in part shall be held under seal 
pending the court’s disposition of the motion.
(E) Motion for Rehearing.
(1) To move for rehearing, a party must file within 21 days after the opinion 
was filed (the date of an opinion is stamped on the upper right corner of the 
first page):
(a) 24 copies of a motion prepared as provided in MCR 7.309, if the opinion 
decided a case placed on a session calendar; or
(b) 14 typewritten copies of a motion, if the opinion decided a noncalendar 
case; and
(c) proof that a copy was served on the parties.
The motion for rehearing must include reasons why the Court should modify its 
opinion.
(2) Unless otherwise ordered by the Court, timely filing of a motion postpones 
issuance of the Court's judgment order until the motion is denied by the Court 
or, if granted, until at least 21 days after the filing of the Court's opinion on 
rehearing.
(3) Any party may answer a motion within 14 days after it is served by filing
(a) 24 or 14 copies of the motion, depending on whether the motion was 
filed under subrule (D)(1)(a) or (b); and
(b) proof that a copy was served on the other parties.
(4) Unless ordered by the Court, there is no oral argument.
(F) Motion for Reconsideration. To move for reconsideration of a court order, a 
party must file the items required by subrule (A) within 21 days after the date of 
certification of the order. The clerk shall refuse to accept for filing any motion for 
reconsideration of an order denying a motion for reconsideration. The filing of a 
motion for reconsideration does not stay the effect of the order addressed in the 
motion.

Rule 7.314 Appeals in Which No Progress Has Been Made
(A) Designation. If a brief has not been filed under MCR 7.309(B)(1) within 182 
days after the entry of the order granting leave to appeal or directing that the 
action be heard as a calendar case, the case shall be designated as one in which no 
progress has been made. In calculating the 182-day period, adjournments granted 
by the Court are excluded.
(B) Notice; Dismissal. When a case is so designated, the clerk shall mail to each 
party notice that unless cause is shown to the contrary, the case will be dismissed. 
The clerk shall file proof of that notice. The clerk shall place as the first item for 
each session calendar all cases in which notice of no progress has been mailed at 
least 21 days before the first day of that session. On the first day of each session, 
the Court shall dismiss each case appearing on the calendar as one in which no 
progress has been made, unless cause is shown to the contrary.
(C) The court may dismiss an appeal, application, or an original proceeding for lack 
of jurisdiction or failure of a party to pursue the case in substantial conformity with 
the rules.

Rule 7.315 Call and Argument of Cases in Supreme Court
(A) Call; Notice of Argument; Withdrawal From Call. The Court, on the first day of 
each session, will call the cases for argument in the order they stand on the 
calendar as arranged, and proceed from day to day during the session in the same 
order. A case may not be withdrawn after being placed on the call, except on a 
showing of extreme emergency. A case may be submitted on briefs by stipulation at 
any time.
(B) Argument. In a calendar case, the time allowed for argument is 30 minutes for 
each side unless the Court orders otherwise. When only one side is represented, 
only 15 minutes is allowed unless the Court orders otherwise. The time for 
argument may be extended by the Court on motion filed at least 14 days before the 
session begins or by the Chief Justice during the argument. Oral argument should 
emphasize and clarify the written argument appearing in the brief filed. The Court 
looks with disfavor on an argument that is read from a prepared text.

Rule 7.316 Miscellaneous Relief Obtainable in Supreme Court
(A) Relief Obtainable. The Supreme Court may, at any time, in addition to its 
general powers:
(1) exercise any or all of the powers of amendment of the court or tribunal 
below;
(2) on reasonable notice as it may require, allow substitution of parties by 
reason of marriage, death, bankruptcy, assignment, or any other cause; allow 
new parties to be added or parties to be dropped; or allow parties to be 
rearranged as appellants or appellees;
(3) permit the reasons or grounds of appeal to be amended or new grounds to 
be added;
(4) permit the transcript or record to be amended by correcting errors or 
adding matters which should have been included;
(5) adjourn the case until further evidence is taken and brought before it, as 
the Court may deem necessary in order to do justice;
(6) draw inferences of fact;
(7) enter any judgment or order that ought to have been entered, and enter 
other and further orders and grant relief as the case may require; or
(8) if a judgment notwithstanding the verdict is set aside on appeal, grant a 
new trial or other relief as it deems just.
(9) dismiss and appeal, application, or an original proceeding for lack of 
jurisdiction or failure of a party to pursue the case in substantial conformity 
with the rules.
(B) Allowing Act After Expiration of Time. When, under the practice relating to 
appeals or stay of proceedings, a nonjurisdictional act is required to be done within 
a designated time, the Supreme Court may at any time, on motion and notice, 
permit it to be done after the expiration of the period on a showing made to the 
court that there was good cause for the delay or that it was not due to the culpable 
negligence of the appellant. The Court will not entertain a motion to file a late 
application for leave to appeal under MCR 7.302(C)(3) or MCR 7.302(D)(2) or a late 
motion for reconsideration under MCR 7.313(F).
(C) Decision by Supreme Court. A motion may not be decided or an order entered 
by the Court unless all required documents have been filed with the Court and the 
requisite fees have been paid. Except for affirmance of action by a lower court or 
tribunal by even division of the justices, a decision of the Supreme Court must be 
made by concurrence of a majority of the justices voting.
(D) Vexatious Proceedings.
(1) The Court may, on its own initiative or the motion of any party filed before a 
case is placed on a session calendar, dismiss an appeal, assess actual and 
punitive damages, or take other disciplinary action when it determines that an 
appeal or any of the proceedings in an appeal was vexatious because
(a) the appeal was taken for purposes of hindrance or delay or without any 
reasonable basis for belief that there was a meritorious issue to be 
determined on appeal; or
(b) a pleading, motion, argument, brief, document, or record filed in the 
case or any testimony presented in the case was grossly lacking in the 
requirements of propriety, violated court rules, or grossly disregarded the 
requirements of a fair presentation of the issues to the Court.
(2) Damages may not exceed actual damages and expenses incurred by the 
opposing party because of the vexatious appeal or proceeding, including 
reasonable attorney fees, and punitive damages in an added amount not 
exceeding the actual damages. The Court may remand the case to the trial 
court or tribunal for a determination of actual damages.

Rule 7.317 Opinions, Orders, and Judgments of Supreme Court
(A) Opinions of Court. An opinion must be written and bear the writer's name or the 
label "per curiam." Each justice deciding a case must sign an opinion.
(B) Filing and Publication. The Court shall file a signed opinion with the clerk, who 
shall stamp the date of filing on it. The Supreme Court reporter of decisions is 
responsible for having the opinions printed, in a form and under a contract 
approved by the Court.
(C) Orders or Judgments Pursuant to Opinions.
(1) Entry. The clerk shall enter an order or judgment pursuant to an opinion as 
of the date the opinion is filed with the clerk.
(2) Routine Issuance.
(a) If a motion for rehearing is not timely filed under MCR 7.313(D)(1), the 
clerk shall send a certified copy of the order or judgment to the Court of 
Appeals with its file, and to the court or tribunal which tried the case with 
its record, not less than 21 days nor more than 28 days after entry of the 
order or judgment.
(b) If a motion for rehearing is timely filed, the clerk shall fulfill the 
responsibilities under subrule (C)(2)(a) promptly after the Court denies the 
motion or, if the motion is granted, enter a new order or judgment after the 
Court's opinion on rehearing.
(3) Exceptional Issuance. The Court may direct the clerk to dispense with the 
time requirement of subrule (C)(2)(a) and issue the order or judgment when its 
opinion is filed. An order or judgment issued under this subrule does not 
preclude the filing of a motion for rehearing, but the filing of a motion does not 
stay execution or enforcement.
(4) Execution or Enforcement. Unless otherwise ordered by the Court, an order 
or judgment is effective when it is issued under subrule (C)(2)(a) or (b) or 
(C)(3), and enforcement is to be obtained in the trial court.
(D) Entry, Issuance, Execution, and Enforcement of Other Orders and Judgments of 
Court. An order or judgment, other than those by opinion under subrule (C), is 
entered on the date of filing. Unless otherwise stated, an order or judgment is 
effective the date it is entered. The clerk must promptly send a certified copy to 
each party, to the Court of Appeals, and to the lower court or tribunal.

Rule 7.318 Taxation of Costs
(A) Rules Applicable. The procedure for taxation of costs in the Supreme Court is as 
provided by MCR 7.219.
(B) Expenses Taxable. Unless the Court otherwise orders, a prevailing party may 
tax only the reasonable costs incurred in the Supreme Court, including the 
necessary expense of printing the briefs and appendixes required by these rules.

Rule 7.319 Supreme Court Clerk
(A) Appointment; General Provisions. The Supreme Court will appoint a clerk who 
shall keep the clerk's office in Lansing under the direction of the Court. Where the 
term "clerk" appears in this subchapter without modification, it means the Supreme 
Court clerk. The clerk may not practice law other than as clerk while serving as 
clerk.
(B) Duties. The clerk shall do the following:
(1) Furnish bond before taking office. The bond must be in favor of the people 
of the state and in the penal sum of $10,000, approved by the Chief Justice and 
filed with the Secretary of State, and conditioned on the faithful performance of 
the clerk's official duties. The fee for the bond is a state expense.
(2) Collect the fees provided for by statute or court rule.
(3) Deposit monthly with the State Treasurer the fees collected, securing and 
filing a receipt for them.
(4) Provide for the recording of Supreme Court proceedings as the Court 
directs.
(5) Care for and maintain custody of all records, seals, books, and papers 
pertaining to the clerk's office and filed or deposited there.
(6) After an appeal has been decided by the Court, return the original record as 
provided in MCR 7.311(B).
(7) Collect the following fees, which may be taxed as costs when costs are 
allowed by the Court:
(a) $375 for an application for leave to appeal;
(b) $375 for an original proceeding;
(c) $150 for a motion for immediate consideration or a motion to expedite 
appeal, except that a prosecuting attorney is exempt from paying a fee 
under this subdivision in an appeal arising out of a criminal proceeding, if 
the defendant is represented by a court-appointed lawyer;
(d) $75 for all other motions;
(e) 50 cents per page for a certified copy of a paper, from a public record;
(f) $5 for certified docket entries;
(g) $1 for certification of a copy presented to the clerk;
(h) 50 cents per page for a copy of an opinion; however, one copy must be 
given without charge to the attorney for each party in the case.
A person who is unable to pay a filing fee may ask the Court to waive the fee by 
filing a motion and an affidavit disclosing the reason for that inability.

Rule 7.320 Deputy Supreme Court Clerks
The Supreme Court may appoint deputy Supreme Court clerks. A deputy clerk shall 
carry out the duties assigned by the clerk and perform the duties of the clerk if the 
clerk is absent or unable to act.
Rule 7.321 Reporter of Decisions
The Supreme Court will appoint a reporter. The reporter shall:
(1) prepare the decisions, including dissenting opinions, of the Supreme Court 
for publication in volumes of not less than 700 nor more than 750 pages;
(2) write a brief statement of the facts of each case and headnotes containing 
the points made;
(3) publish each opinion in advance sheets as soon as practicable but not later 
than 2 months after it is issued; and
(4) publish bound volumes within 9 months after the last opinion included in it 
is issued.
The reasons for denying leave to appeal, required by Const 1963, art 6, § 6 and 
filed in the clerk's office, are not to be published, and are not to be regarded as 
precedent.

Rule 7.322 Supreme Court Crier
The Supreme Court crier shall
(1) have charge of the Supreme Court room and the rooms assigned to the 
Supreme Court justices;
(2) have the power to serve an order, process, or writ issued by the Supreme 
Court; collect the fee for that service allowed by law to sheriffs; and deposit 
monthly with the State Treasurer all the fees collected, securing a receipt for 
them.

Rule 7.323 Selection of Chief Justice
At the first meeting of the Supreme Court in each odd-numbered year, the justices 
shall select by majority vote one among them to be Chief Justice.