Free dc53.p65 - Michigan

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STATE OF MICHIGAN JUDICIAL DISTRICT

APPEAL WORKSHEET FOR APPLICATION FOR LEAVE TO APPEAL

CASE NO. CIRCUIT COURT DISTRICT COURT

Date of judgment/order: 1. a. Application for appeal filed in Circuit Court ........................................ b. Copy of application for appeal filed in District Court .......................... c. Copy of order on application for appeal filed in District Court ............ d. Fee paid in Circuit Court ................................................................... e. Bond set/filed in District Court ........................................................... f. Copy of bond filed in Circuit Court ..................................................... g. Order transcript ................................................................................. h. Exhibits filed in District Court ............................................................ i. Pay District Court: Taxable costs ............................................................................... $25.00 appeal fee ......................................................................... 2. a. Serve appellee copies of: Application for appeal .................................................................. Order on application for appeal ..................................................... Copy of bond or waiver ................................................................. Statement re payment of fees ....................................................... Recorder's/Reporter's certificate ................................................... b. File proof of service in Circuit Court .................................................. c. File proof of service in District Court ................................................. 3. a. File appearance and all exhibits with District Court ........................... b. File cross appeal ..........................................................................

LAST DATE FOR FILING

DATE ACTUALLY FILED

c. File appearance with Circuit Court .................................................... 4. Transcript filed by recorder/reporter ...................................................... 5. Second recorder's/reporter's certificate filed by appellant ...................... 6. Order settling and transmitting record on appeal ................................... 7. Record transmitted, including transcript and docket entries ..................
DC 53 (6/05)

APPEAL WORKSHEET FOR APPLICATION FOR LEAVE TO APPEAL

CHECKLIST APPEALS FROM DISTRICT COURT TO CIRCUIT COURT 1. Within 21 days after judgment, appellant must: a. File application for leave to appeal in circuit court along with appeal fee*, b. File copy of application for leave to appeal in district court (showing circuit court file number), c. Serve copy of application for leave to appeal on appellee. 2. Within 14 days after filing application for leave to appeal in circuit court, appellant must notice application for hearing. 3. Immediately after order granting leave to appeal is granted, appellant must file copy of order with district court and serve copy on appellee. 4. Within 7 days after entry of order granting leave to appeal, appellant must: a. Get bond on appeal set (or denied), approved and posted in district court, b. File copy of bond with clerk of circuit court, c. Order (and pay estimated cost of) one full original transcript (district judge may order excerpt of transcript or no transcript, but only on appellant's motion), d. File exhibits in possession of defendant or his/her attorney with district court clerk, e. Pay to clerk of district court: taxable costs of the prevailing party together with $25.00**, f. Serve upon appellee copies of: 1) Statement re appeal bond (or copy of appeal bond) 2) Statement re payment of appeal fee 3) Recorder's/Reporter's certificate that a transcript has been ordered and estimated cost paid g. File in circuit court proof of service of 1.c, 3, and 4.f. 1) through 3) on appellee, h. File in district court proof of service of 1.c, 3, and 4.f. 1) through 3) on appellee. 5. Within 14 days after service of order granting leave to appeal, appellee must: a. File an appearance and all exhibits in appellee's possession with the district court clerk. b. File an appearance with circuit court. c. Appellee may also file cross claim at this time. 6. When the district court recorder/reporter completes the transcript, it is filed with the district court clerk. 7. Within 28 days after entry of order granting leave to appeal, appellant must file a second certificate from court recorder/ reporter, if transcript is not filed, and any and all other matters to be included in the record on appeal. Failure to do so results in dismissal of the appeal by the trial court judge. 8. As soon as number 7 is done, the trial judge must review the proposed record on appeal and enter an order transmitting the appeal to circuit court (order settling record on appeal), or notify circuit court why the file is not ready and when it will be ready. 9. The district court clerk transmits the complete record on appeal, including the transcript, to the circuit court clerk as directed in the order. 10. When all else fails - read MCR 7.103 and MCR 7.101. * ** $150.00 beginning October 1, 2003 Compare MCL 600.6536 with MCL 600.2528 and 600.2529