Topics:

• Can I appeal? Should I appeal?
  
• Why can’t I handle my own appeal?
  
• Is there a deadline for filing my appeal?
  
• When should an appellate specialist become involved?
  
• Can I withdraw the appeal if I file?
  
• How long will it take to complete an appeal?
  
• How much does it cost to appeal?
  
  

Can I appeal? Should I appeal?
The trial court just ruled against you. Can you appeal? The simple answer to this question is yes, you can. Whether or not you should file an appeal is a more difficult question. The first step in the appeals process is always to decide whether an appeal is warranted under all of the circumstances, including but not limited to whether the trial court erred. Winning on appeal is not easy and success should never be taken for granted. Statistically, fewer than half of all appeals are successful.

This should not necessarily discourage you, however – your appeal will be decided on its legal merits, not on statistics. If you have a good case and the trial court made serious mistakes, the battle can be well worth fighting – providing it is fought well. The rules and requirements governing appeals are technical and complex and the consequences of an appeal can be unpredictable, so it is extremely important that you consult with an experienced appellate attorney about the particular facts and legal issues involved in your case before deciding whether to proceed to an appeal.

If you are involved in a civil (non-criminal) case, our appellate attorneys can assist you in evaluating whether the trial court’s orders in your case can be appealed and, more importantly, whether an appeal can be beneficial for you.

Our office does not represent clients in criminal appeals. If you need assistance with a criminal appeal, we strongly recommend that you contact criminal appellate specialist Stuart Friedman. To reach Mr. Friedman's office, please click here.

Why can’t I handle my own appeal?
The law does not require that you be represented by a lawyer. You have the legal right to represent yourself, but it is a complex and risky process.

Is there a deadline for filing my appeal?
There certainly is, and in most cases it's a relatively short one. In most Michigan cases, there is a 21 day deadline within which to file your claim of appeal or application for leave to appeal from a trial court’s order and there are strict time requirements for obtaining and submitting the trial record and your appellate brief. The Michigan rules governing final orders are complex and specialized. Your trial attorney may or may not be familiar with that area of law. Many appeals are forfeited during these early stages because the right filing was not completed within a particular time limit. If you feel that the verdict in your case is one that ought to be appealed, you should discuss it with your trial attorney as soon as possible, and ask for a referral to an attorney specializing in appeals who will be able to assist your trial attorney in determining whether or when an appeal should be filed.

When should an appellate specialist become involved?
Sooner is usually better when it comes to hiring an appellate lawyer. Calling an appellate lawyer 30 days before a brief is due or once the appeals process is already underway can be problematic. You may find that the appellate attorney you would prefer to hire is already fully committed. And it may be too late to address any deficiencies in how the appeal was set up.

There is a growing trend among trial attorneys to bring appellate counsel in on the case even in advance of the trial, often as early as the drafting of dispositive motions. The appellate lawyer can thoroughly research and analyze key issues of law and can brief and argue technical motions which may even dispose of the entire case. Effective research and briefing in the trial court can often mean the difference between ultimate success and failure on appeal. An appellate lawyer can also assist with post-trial motions before a case moves to the Court of Appeal. A successful motion for a new trial or a motion for “judgment notwithstanding the verdict” can often result in the trial court correcting its own error so that an appeal becomes unnecessary. Likewise, if you were the prevailing party at trial, you may want help defending against those types of motions so that a hard-won victory is not snatched away.

Can I withdraw the appeal if I file?
Yes. The party who brought the appeal or action in the Court of Appeals may file a motion to withdraw the appeal and the clerk will enter an order of dismissal if the motion is unopposed. In addition, the parties to a case may file a signed stipulation agreeing to dismiss the case and, upon payment of all fees, the clerk will enter an order dismissing the case. However, if the case is a class action or has been assigned to a panel of judges for final disposition, the stipulation to dismiss will be submitted to a panel of judges for a determination whether to order dismissal.

How long will it take to complete an appeal
In Michigan, the time frame for deciding an appeal depends on various factors. Certain cases, such as child custody matters, are given priority status. In addition, the Court may order that a case be handled on an expedited basis. Such a designation will significantly lessen the time to complete the case. As a general matter, approximately ninety percent of all cases before the Court of Appeals are concluded within 18 months of their filing. The length of time to complete a case is affected by the time required for preparation of the lower court record, the filing of the parties' briefs, the volume of cases before the Court and the Court staffing resources.

How much does it cost to appeal?
Every case is unique, and the amount of time involved in preparing an appeal properly will depend on many factors including, but not limited to, the complexity of the issues and the length of trial. To assist our clients in meeting the expense of proceeding on appeal, our office offers discounted rates in select cases and also accepts payment by VISA, Mastercard and Discover.

Generally speaking, the cost of an appeal typically involves four factors:

Court Fees - The appellate courts collect a fee for filing each appeal and for filing any motions filed during the appeal.

Transcripts - For each full day of testimony, expect to pay approximately $500.00 for the court reporter to produce the transcripts. The amount required is non-negotiable and set by statute.

Processing of Briefs, copies, and other out-of-pocket costs - The processing of briefs and appendices can generally cost between $250.00 and $1,200.00, depending on the length of the trial and the number of documents that must be reproduced.

Attorney Fees - The most simple appeals may cost as little as $4,000. However, depending on the complexity of the issues, the condition of the trial record, and numerous other factors, the cost will increase with the amount of time spent. Our office provides a variable hourly rate for both businesses and individuals, depending upon the circumstances and the nature of the case.