Jurisdictional Appellate Deadlines Remain in Effect During COVID-19 Interruptions

Tuesday, March 17, 2020

By now, you’ve probably heard that the judicial system is scaling back operations during the declared state of emergency over the coronavirus.  Much of the attention has been on trial courts, which have been adjourning civil trials and hearings and limiting criminal cases to those where clients are in custody.  There seems to be a general expectation that courts will accommodate extensions of time for filing.

Things are somewhat different in the appellate courts.  Although the courts of appeals have great flexibility when it comes to briefing schedules, they have nearly no flexibility when it comes to the deadlines for initiating your appeal.  The time to claim an appeal is almost always jurisdictional and usually cannot be extended by the courts.  Keep these dates top of mind. 

If you anticipate any difficulty in meeting deadlines because you, your client, or your lawyer are ill, or because your office is otherwise unable to accomplish a filing, contact a member of the Butzel Long Appellate Specialty Team.  We are ready to help you meet your deadlines.  If you’ve already missed your deadline, there might be an opportunity for a late appeal in some circumstances in certain courts.  Don’t delay contacting us:

Joe Richotte
248.258.1407
313.590.6419
richotte@butzel.com

Kurt Wilder
313.983.7491
734.748.6900
wilder@butzel.com

Dan McCarthy
248.258.1401
248.561.7484
mccarthyd@butzel.com

Michigan – Appeals to Circuit Court
Appeals from district court to the circuit court: 21 days
Appeals from agencies not governed by the Administrative Procedures Act: 21 days
Concealed pistol license appeals: 21 days
Zoning appeals: 30 days
Appeals from the Michigan Compensation Appellate Commission: 30 days
Appeals from executive branch agencies subject to the Administrative Procedures Act: 60 days
Appeals from Secretary of State licensing actions: 63 days
Cross Appeals: 14 days 

Michigan – Appeals to the Court of Appeals
Termination of parental rights: 14 days
Civil cases:  21 days
Criminal cases: 42 days
Late appeals: 180 days
Cross Appeals: 21 days

Michigan – Applications for Leave to Appeal to the Supreme Court
Termination of parental rights: 28 days
Civil cases: 42 days
Bypass appeals: 42 days
Criminal cases: 56 days 

Federal – Appeals to District Court
Bankruptcy appeals:  10 days
Social Security appeals: 60 days 

Federal – Appeals to the Court of Appeals
Agency appeals:  varies by statute
Criminal appeals: 14 days
Civil appeals: 30 days
Tax court appeals: 90 days 

Federal – Petitions for Certiorari to the Supreme Court
Petition: 90 days
Cross Petition: 30 days

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