20.4Appeals to the Michigan Supreme Court

A brief discussion on filing an appeal with the Michigan Supreme Court is contained in this section. For additional information or requirements, see MCR 7.300 et seq. With the exception of certain Judicial Tenure Commission orders, the Michigan Supreme Court retains discretion whether to grant leave to appeal.

A party may apply for leave to appeal to the Michigan Supreme Court while a case is pending review by the Court of Appeals or after a decision has been made by the Court of Appeals. MCR 7.303(B)(1). A party filing for leave to appeal to the Supreme Court must comply with the applicable procedural requirements in MCR 7.305(A), MCR 7.305(C),  MCR 7.305(D), and MCR 7.305(E).

Except for “an appeal from an order of discipline or dismissal entered by the Attorney Discipline Board,”¹ an application for leave to appeal after a Court of Appeals decision “must be filed within 42 days in civil cases, or within 56 days in criminal cases, after:

(a) the Court of Appeals order or opinion resolving an appeal or original action, including an order denying an application for appeal,

(b) the Court of Appeals order or opinion remanding the case to the lower court or Tribunal for further proceedings while retaining jurisdiction,

(c) the Court of Appeals order denying a timely filed motion for reconsideration, or

(d) the Court of Appeals grants a request to publish an opinion that was originally released as unpublished.” MCR 7.305(C)(2).²

”If the decision of the Court of Appeals remands the case to a lower court for further proceedings, an application for leave to appeal may be filed within 42 days in civil cases and 56 days in criminal cases, after the date of

(a) the Court of Appeals order or opinion remanding the case,

(b) the Court of Appeals order denying a timely filed motion for reconsideration of a decision remanding the case, or

(c) the Court of Appeals order or opinion disposing of the case following the remand procedure, in which case an application may be made on all issues raised initially in the Court of Appeals, as well as those related to the remand proceedings.”MCR 7.305(C)(5).

On receipt of an application for leave to appeal, the Supreme Court may:

(1) Grant the application.

(2) Deny the application.

(3) Enter a final decision.

(4) Direct argument on the application.

(5) Issue a peremptory order. MCR 7.305(I)(1).

If the Supreme Court grants a party’s application for leave to appeal and the Court of Appeals has not yet made a decision on the case, the appeal is deemed pending in the Supreme Court only. MCR 7.305(I)(2). If the Court of Appeals has made a decision and leave to appeal is granted by the Supreme Court, the Supreme Court has jurisdiction of the case. MCR 7.305(I)(3).

If the Supreme Court denies a party’s application after the Court of Appeals makes a decision, the Court of Appeals decision is the final adjudication and may be enforced. MCR 7.305(I)(3).