Appeal Worksheet For Claim Of Appeal Of Right {DC 54} | Pdf Fpdf Docx | Michigan

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Appeal Worksheet For Claim Of Appeal Of Right {DC 54} | Pdf Fpdf Docx | Michigan

Appeal Worksheet For Claim Of Appeal Of Right {DC 54}

This is a Michigan form that can be used for Appeals within Statewide.

Alternate TextLast updated: 10/1/2018

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en-USDate of judgment/order: en-US þ en-USLAST DATE FOR FILINGen-US en-USDATE ACTUALLY FILED 1. þ a. þ File appeal in circuit court................................................................... en-US en-US en-US þ b. þ File copy of claim of appeal in district court......................................... en-US en-US en-US þ c. þ Pay filing fee in circuit court (MCL 600.2529) unless waived for þ indigency (form MC 20)....................................................................... en-US en-US en-US þ þ d. þ Set/file bond in district court (if applicable).......................................... en-US en-US en-US þ e. þ File copy of bond in circuit court (if applicable).................................... en-US en-US en-US þ f. þ File proof of that money, property, or documents delivered/deposited þ (if applicable)...................................................................................... en-US en-US en-US þ g. þ File/order transcript............................................................................. en-US en-US en-US þ þ Transcript unavailable - settled statement of facts filed along þ with certifying order........................................................................ en-US en-US en-US þ h. þ Pay district court: þ þ Taxable costs...................................................................................... en-US en-US en-US þ $25 fee (MCL 600.6536) unless waived for indigency (form MC 20)... en-US en-US en-US 2. þ Serve appellee copies of: þ a. þ Entire record on appeal, including transcripts and exhibits in þ appellant222s possession........................................................................ en-US en-US en-US þ b. þ Copy of bond or waiver (if applicable)................................................. en-US en-US en-US þ c. þ Statement re: payment of fees............................................................ en-US en-US en-US þ d. þ Recorder222s/reporter222s certificate.......................................................... en-US en-US en-US 3. þ File proof of service in circuit court......................................................... en-US en-US en-US 4. þ File proof of service in district court........................................................ en-US en-US en-US 5. þ a. þ en-USApplies to appellee only:en-US file appearance with circuit court and þ identify individual appellate attorneys................................................. en-US en-US en-US þ þ b. þ þ File cross appeal............................................................................ en-US en-US en-US 6. þ Transcript filed by recorder/reporter........................................................ en-US en-US en-US 7. þ Certificate of records transmitted on appeal............................................ en-US en-US en-US 8. þ Record Transmitted, including transcript and docket entries.................. en-US en-US en-US American LegalNet, Inc. www.FormsWorkFlow.com en-USCHECKLIST FOR APPEALS FROM DISTRICT COURT TO CIRCUIT COURTen-USNOTE: This checklist should en-USnoten-US be used for appeals from an administrative agency to the circuit court. 1. þ Within 21 days (or within 10 days in landlord-tenant possessory actions) or time allowed by statute after entry of judgment, þ order, or decision appealed, judgment (sentence) or denial of timely-filed motion for new trial, a motion for rehearing or þ reconsideration, or a timely-filed motion for other relief from the judgment, order, or decision, appellant must: þ a. þ file a claim of appeal (form MC 55 pursuant to MCR 7.104[B] and [C]) in circuit court. The following documents must be þ filed with the claim of appeal: þ i) þ a copy of the judgment, order, or decision appealed. þ ii) þ a copy of the certificate of the court reporter/recorder or a statement that the transcript has been ordered pursuant to þ MCR 7.109(B)(3)(a). If nothing is to be transcribed, a statement must be filed to this effect. A district judge may þ order excerpts of transcript or no transcript, but only on appellant222s motion with notice to appellee. If a transcript is þ unavailable, appellant must file with the district court a settled statement of facts and certifying order pursuant to þ MCR 7.210(B)(2). þ þ iii) þ if appellant has filed a bond, a copy of the bond. þ iv) þ proof that money, property, or documents have been delivered or deposited as required by law. þ v) þ a copy of the register of actions, if any. þ vi) þ proof that the appeal fee has been paid or waived. þ vii) proof that a copy of the claim of appeal and other required documents were served on all parties, the district court, þ and any other person or officer entitled by law to notice of the appeal. þ b. þ pay appeal fee to circuit court clerk unless waived for indigency (form MC 20). þ c. þ if applicable, get bond on appeal set (or denied), approved, and posted in district court. þ d. þ pay taxable costs of prevailing party, together with $25 to clerk of district court (unless waived for indigency [form MC 20]). þ 2. þ Within the time for taking the appeal, appellant must serve on the district court: þ a. þ a copy of claim of appeal (showing circuit court file number). þ b. þ any fee required by law. þ c. þ any bond required by law as a condition for taking appeal. þ d. þ unless there is nothing to be transcribed, a certificate of the court reporter/recorder or a statement that the transcript þ has been ordered and payment has been made or secured. If a statement is filed, the certificate must be filed within 7 þ days after the transcript is ordered by a party or the court. 3. þ Within 7 days after a transcript is ordered, the court reporter/recorder must provide a certificate that the transcript has been þ ordered and payment made or secured, and that it will be filed as soon as possible or has already been filed. 4. þ The court reporter/recorder must file the transcript with the district court within 28 days after the transcript is ordered for an þ appeal from the dismissal or reduction of a felony charge following a preliminary examination. In all other cases, the court þ reporter/recorder must file the transcript within 56 days after the transcript is ordered. Immediately after the transcript is filed, þ the court reporter/recorder must notify the circuit court and all parties that the transcript has been filed and must file in the þ circuit court an affidavit of mailing of notice to the parties. 5. þ Within 14 days after the transcript has been filed, appellant must serve a copy of the entire record on appeal, including þ transcripts and exhibits in his or her possession, on each appellee. Proof that the record was served must be promptly filed þ with the district court and circuit court. 6. þ Within 14 days after being served the claim of appeal, appellee must file an appearance in the circuit court identifying the þ individual appellate attorneys. en-USAn appellee who does not file an appearance is not entitled to notice of further þ proceedings. en-USAppellee may also file a cross claim within this 14-day period. If a cross claim is filed, the cross appellant þ must also file transcript certificates or statements that there is nothing to transcribe within 14 days of an order dismissing the þ initial appeal if the cross claim will still be pursued. 7. þ Within 14 days after the transcript has been filed or a certified copy of the record has been requested, the district court must þ send the record to the circuit court. The circuit court must immediately send written notice to the parties when the record is þ filed. American LegalNet, Inc. www.FormsWorkFlow.com

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