Appeal by Leave

Appeal by Application for Leave

East Lansing, Michigan, Criminal Appeals

Filing an Appeal by Application for Leave

One type of appeal that can be filed is called an appeal by application for leave. This type of appeal applies in certain situations and allows the appellant to ask for a review of specific legal issues, including review of facts and law supporting a decision.

An appeal by application for leave requires permission from the higher court before an appeal can be filed. The circuit court has the final discretion to accept or reject an appeal by application.

An appeal for application for leave is filed:

  • When a final order has not been entered yet;
  • If the defendant plead guilty and is appealing an issue other than his/her sentence;
  • When an appeal of right is not available; or
  • The time for taking an appeal of right has passed.

The time for filing an application for leave to appeal is governed by MCR 7.103.

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