Rule 7.305 Application for Leave to Appeal

(A)   What to File. To apply for leave to appeal, a party must file

(1)   4 copies of an application for leave to appeal (1 signed) prepared in conformity with MCR 7.212(B) and consisting of the following:

(a)   a statement identifying the judgment or order appealed and the date of its entry;

(b)   the questions presented for review related in concise terms to the facts of the case;

(c)   a table of contents and index of authorities conforming to MCR 7.212(C)(2) and (3);

(d)   a concise statement of the material proceedings and facts conforming to MCR 7.212(C)(6);

(e)   a concise argument, conforming to MCR 7.212(C)(7), in support of the appellant’s position on each of the stated questions and establishing a ground for the application as required by subrule (B); and

(f)   a statement of the relief sought.

(2)   4 copies of any opinion, findings, or judgment of the trial court or tribunal relevant to the question as to which leave to appeal is sought and 4 copies of the opinion or order of the Court of Appeals, unless review of a pending case is being sought;

(3)   proof that a copy of the application was served on all other parties, and that a notice of the filing of the application was served on the clerks of the Court of Appeals and the trial court or tribunal; and

(4)   the fee provided by MCR 7.319(C)(1).

(B)   Grounds. The application must show that

(1)   the issue involves a substantial question about the validity of a legislative act;

(2)   the issue has significant public interest and the case is one by or against the state or one of its agencies or subdivisions or by or against an officer of the state or one of its agencies or subdivisions in the officer’s official capacity;

(3)   the issue involves a legal principle of major significance to the state’s jurisprudence;

(4)   in an appeal before a decision of the Court of Appeals,

(a)   delay in final adjudication is likely to cause substantial harm, or

(b)   the appeal is from a ruling that a provision of the Michigan Constitution, a Michigan statute, a rule or regulation included in the Michigan Administrative Code, or any other action of the legislative or executive branches of state government is invalid;

(5)   in an appeal of a decision of the Court of Appeals,

(a)   the decision is clearly erroneous and will cause material injustice, or

(b)   the decision conflicts with a Supreme Court decision or another decision of the Court of Appeals; or

(6)   in an appeal from the Attorney Discipline Board, the decision is clearly erroneous and will cause material injustice.

(C)   When to File.

(1)   Before Court of Appeals Decision. In an appeal before the Court of Appeals decision, the application must be filed within 42 days after

(a)   a claim of appeal is filed in the Court of Appeals;

(b)   an application for leave to appeal is filed in the Court of Appeals;

(c)   an original action is filed in the Court of Appeals; or

(d)   entry of an order of the Court of Appeals granting an application for leave to appeal.

(2)   After Court of Appeals Decision. Except as provided in subrule (C)(4), the application must be filed within 28 days in termination of parental rights cases, within 42 days in other civil cases, or within 56 days in criminal cases, after the date of

(a)   the Court of Appeals order or opinion disposing of the appeal,

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

(c)   the Court of Appeals order granting a motion to publish an opinion that was originally released as unpublished.

(3)   Attorney Discipline Board Decision. In an appeal from an order of discipline or dismissal entered by the Attorney Discipline Board, the application must be filed within the time provided in MCR 9.122(A)(1).

(4)   Late Application, Exception. Late applications will not be accepted except as allowed under this subrule. If an application for leave to appeal in a criminal case is not received within the time periods provided in subrules (C)(1) or (2), and the appellant is an inmate in the custody of the Michigan Department of Corrections and has submitted the application as a pro se party, the application shall be deemed presented for filing on the date of deposit of the application in the outgoing mail at the correctional institution in which the inmate is housed. Timely filing may be shown by a sworn statement, which must set forth the date of deposit and state that first-class postage was prepaid. The exception applies to applications from decisions of the Court of Appeals rendered on or after March 1, 2010. This exception also applies to an inmate housed in a federal or other state correctional institution who is acting pro se in a criminal appeal from a Michigan court.

(5)   Decisions Remanding for Further Proceedings. 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 28 days in termination of parental rights cases, 42 days in other 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.

(6)   Effect of Appeal on Decision Remanding Case. If a party appeals a decision that remands for further proceedings as provided in subrule (C)(5)(a), the following provisions apply:

(a)   If the Court of Appeals decision is a judgment under MCR 7.215(E)(1), an application for leave to appeal stays proceedings on remand unless the Court of Appeals or the Supreme Court orders otherwise.

(b)   If the Court of Appeals decision is an order other than a judgment under MCR 7.215(E)(1), the proceedings on remand are not stayed by an application for leave to appeal unless so ordered by the Court of Appeals or the Supreme Court.

(7)   Orders Denying Motions to Remand. If the Court of Appeals has denied a motion to remand, the appellant may raise issues relating to that denial in an application for leave to appeal the decision on the merits.

(D)   Answer. Any party may file 4 copies of an answer (1 signed) within 28 days of service of the application. The party must file proof that a copy of the answer was served on all other parties.

(E)   Reply. A reply may be filed as provided in MCR 7.212(G).

(F)   Nonconforming Pleading. On its own initiative or on a party’s motion, the Court may order a party who filed a pleading that does not substantially comply with the requirements of this rule to file a conforming pleading within a specified time or else it may strike the nonconforming pleading. The submission to the clerk of a nonconforming pleading does not satisfy the time limitation for filing the pleading if it has not been corrected within the specified time.

(G)   Submission and Argument. Applications for leave to appeal may be submitted for a decision after the reply brief has been filed or the time for filing such has expired, whichever occurs first. There is no oral argument on an application for leave to appeal unless ordered by the Court under subrule (H)(1).

(H)   Decision.

(1)   Possible Court Actions. The Court may grant or deny the application for leave to appeal, enter a final decision, direct argument on the application, or issue a peremptory order. The clerk shall issue the order entered and provide copies to the parties and to the Court of Appeals clerk.

(2)   Appeal Before Court of Appeals Decision. If leave to appeal is granted before a decision of the Court of Appeals, the appeal is thereafter pending in the Supreme Court only, and subchapter 7.300 applies.

(3)   Appeal After Court of Appeals Decision. If leave to appeal is denied after a decision of the Court of Appeals, the Court of Appeals decision becomes the final adjudication and may be enforced in accordance with its terms. If leave to appeal is granted, jurisdiction over the case is vested in the Supreme Court, and subchapter 7.300 applies.

(4)   Issues on Appeal.

(a)   Unless otherwise ordered by the Court, an appeal shall be limited to the issues raised in the application for leave to appeal.

(b)   On motion of any party establishing good cause, the Court may grant a request to add additional issues not raised in the application for leave to appeal or not identified in the order granting leave to appeal. Permission to brief and argue additional issues does not extend the time for filing the briefs and appendixes.

(I)   Stay of Proceedings. MCR 7.209 applies to appeals in the Supreme Court. When a stay bond has been filed on appeal to the Court of Appeals under MCR 7.209 or a stay has been entered or takes effect pursuant to MCR 7.209(E)(4), it operates to stay proceedings pending disposition of the appeal in the Supreme Court unless otherwise ordered by the Supreme Court or the Court of Appeals.