Rule 7.106 Cross Appeals

(A)   Right of Cross Appeal.

(1)   Any appellee may file a cross appeal when:

(a)   an appeal of right is filed, or

(b)   the circuit court grants leave to appeal.

(2)   If there is more than one plaintiff or defendant in a civil action and one party appeals, any other party may file a cross appeal against all or any of the other parties as well as against the party who first appealed. If the cross appeal operates against a party not affected by the first appeal or in a manner different from the first appeal, that party may file a further cross appeal.

(B)   Time Requirements. A cross appeal must be filed with the clerk of the circuit court within 14 days after the claim of appeal is served on the cross appellant or the order granting leave to appeal is entered.

(C)   Manner of Filing. To file a cross appeal, the cross appellant must file:

(1)   a claim of cross appeal in the form required by MCR 7.104(C);

(2)   any required fee;

(3)   a copy of the judgment, order, or decision from which the cross appeal is taken; and

(4)   proof that a copy of the claim of cross appeal was served on all parties.

(D)   Additional Requirements. The cross appellant must perform the steps required by MCR 7.104(D) and (E) unless compliance with this subrule would duplicate the appellant’s filing of the same document. The cross appellant is not required to order a transcript or file a court reporter’s certificate, unless the initial appeal is dismissed.

(E)   Dismissed Appeal. If the initial appeal is dismissed, the cross appeal may continue. If there is a transcript to be produced and the certificate of the court reporter or recorder has not been filed, the cross appellant must file the certificate within 14 days after the order dismissing the appeal. If there is nothing to be transcribed, the cross appellant must file a statement so indicating within 14 days after the order dismissing the appeal.

(F)   Delayed Cross Appeal. A party seeking leave to take a delayed cross appeal must proceed under MCR 7.105(F).