$375 for an application for leave to appeal or an original proceeding.
$150 for motions for immediate consideration and to expedite the appeal (prosecutors do not have to pay if the appeal arises out of a criminal proceeding).
$75 for all other motions. MCL 600.244; MCR 7.319(B)(7).
Yes, court fees may be waived in most cases.* A party who is unable to pay a filing fee should file a motion and affidavit requesting a fee waiver and disclosing the reason(s) for the inability to pay. There is no charge for filing a motion to waive fees. But if the motion is denied, you will have to pay the fee for underlying filing. MCR 7.319(B)(7).
[*Under MCL 600.2963, fees for prisoners under the jurisdiction of the department of corrections cannot be waived when the prisoner is a plaintiff in a civil action.]
For applications, answers, replies, and motions on application, file eight copies (one signed). Only one copy of the notice, proof of service, and cover letter needs to be filed. MCR 7.302(A).
For briefs and appendixes in cases in which the Court has granted leave, file 24 copies. MCR 7.309(B). Please review MCR 7.306 – 7.309 for additional requirements.
Paper colors for briefs and appendixes:
Appellant’s brief = blue
Appellee’s brief = red
Reply brief = gray
Intervenor/Amicus brief = green
Appendix (of any party) = yellow
Generally, you may use whatever binding method seems most appropriate for the size of the document. However, please do not use plastic covers, ring binders, or folders. Also, realize that the Clerk’s Office needs to two-hole punch the top of the original for placement in the Court’s file. For that reason, you should not edge-bind the original document.
The Clerk’s Office on the 4th floor of the Hall of Justice in Lansing is the only location where papers can be filed.
The Clerk’s Office is open from 8:30 a.m. to 5:00 p.m., including over the lunch hour, Monday through Friday, except on Court holidays.
Application for leave to appeal:
Criminal: 56 days after CoA order or opinion. MCR 7.302(C)(2).
Civil: 42 days after CoA order or opinion. MCR 7.302(C)(2).
Bypass: 42 days after claim or application is filed at CoA or 42 days after CoA order granting application. MCR 7.302(C)(1).
Termination of Parental Rights: 28 days after CoA order or opinion. MCR 7.302(C)(2).
Attorney Discipline Board order of discipline or dismissal: 28 days after ADB order. MCR 7.302(C)(2).
Cross-Appeal: 28 days after application is filed. MCR 7.302(D)(2).
Briefs (when leave to appeal is granted):
Appellant’s brief: 56 days after order granting leave. MCR 7.309(B)(1)(a).
Appellee’s brief: 35 days after appellant’s brief is served. MCR 7.309(B)(2)(a).
Reply brief: 21 days after appellee’s brief is served. MCR 7.306(C) & 7.212(G).
Amicus Curiae brief: 21 days after appellee’s brief is filed. MCR 7.306(D).
The court rules explicitly provide that the Court will not accept a motion to file a late application for leave to appeal or a late motion for reconsideration. MCR 7.316(B). However, while a case is pending before the Court, you may request extnesions of time for most pleadings by filing a motion requesting the same. MCR 7.313 & 7.316(B).
On average, it takes five to seven months after the filing of an application for leave to appeal for the Court to render its decision. But the Court may decide a case much sooner or much
later than the average depending on the specifics of the case.
Mail a letter request to the Clerk of the Court that includes your name, P number, date of admission, and $10.00 (check or money order) for each certificate requested, along with a self-addressed stamped envelope. A form for ordering Certificates of Good Standing can be found on the Clerk’s Office page of the Court’s website.
Phone the Clerk’s Office at (517) 373-0120 during business hours if you have additional questions. We are happy to help you understand and navigate the appellate process, although we are strictly prohibited from offering any legal advice.