Rule 7.104 Filing Appeal of Right

(A)   Time Requirements. The time limit for an appeal of right is jurisdictional. See MCR 7.103(A). Time is computed as provided in MCR 1.108. An appeal of right to the circuit court must be taken within:

(1)   21 days or the time allowed by statute after entry of the judgment, order, or decision appealed, or

(2)   21 days after the entry of an order denying a motion for new trial, a motion for rehearing or reconsideration, or a motion for other relief from the judgment, order, or decision, if the motion was filed within:

(a)   the initial 21-day period, or

(b)   further time the trial court or agency may have allowed during that 21-day period.

(3)   If a criminal defendant requests appointment of an attorney within 21 days after entry of the judgment of sentence, an appeal of right must be taken within 21 days after entry of an order:

(a)   appointing or denying the appointment of an attorney, or

(b)   denying a timely filed motion described in subrule (2).

(B)   Manner of Filing. To vest the circuit court with jurisdiction in an appeal of right, an appellant must file with the clerk of the circuit court within the time for taking an appeal:

(1) the claim of appeal, and

(2) the circuit court’s appeal fee, unless the appellant is indigent.

(C)   Claim of Appeal.

(1)   Form.

(a)   The caption of a claim of appeal shall comply with MCR 2.113(C)(1).

(b)   In an appeal from a trial court, the claim of appeal should name the parties in the same order as they appear in the trial court, with the added designation “appellant” or “appellee.”

(2)Content. The claim should state:

“[name of appellant(s)] claim[s] an appeal from the [judgment or order] entered on [date] in the [name of trial court] by [name of judge].”

(3)   Signature. The appellant or the appellant’s attorney must date and sign the claim of appeal.

(D)   Other Documents. The appellant shall file the following documents with the claim of appeal:

(1) a copy of the judgment, order, or decision appealed;

(2)   a copy of the certificate of the court reporter or recorder or a statement that the transcript has been ordered, pursuant to MCR 7.109(B)(3)(a). If there is nothing to be transcribed, the appellant must file a statement so indicating;

(3)   in an agency appeal, a copy of a written request or order for a certified copy of the record to be sent to the circuit court;

(4)   if the appellant has filed a bond, a true copy of the bond;

(5)   proof that money, property, or documents have been delivered or deposited as required by law;

(6)   a copy of the register of actions, if any;

(7)   proof that the appeal fee of the trial court or agency has been tendered;

(8)   anything else required by law to be filed; and

(9)   proof that a copy of the claim of appeal and other documents required by this subrule were served on all parties, the trial court or agency, and any other person or officer entitled by law to notice of the appeal.

(E)   Service Requirements in Trial Court or Agency. Within the time for taking the appeal, the appellant shall serve on the trial court or agency 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;

(4)   in an agency appeal, a copy of a written request for a certified copy of the record to be sent to the circuit court; and

(5)   unless there is nothing to be transcribed, the certificate of the court reporter or recorder or a statement that the transcript has been ordered and payment for it made or secured. If a statement is filed, the certificate of the court reporter or recorder must be filed within 7 days after a transcript is ordered by a party or the court.

(F)   Appearance. Within 14 days after being served with the claim of appeal, the appellee shall file an appearance in the circuit court identifying the individual appellate attorneys. An appellee who does not file an appearance is not entitled to notice of further proceedings.