Michigan Criminal Appeal Deadlines: Trials, Pleas & Sentences
Michigan criminal appeal deadlines differ after a trial, a guilty plea, and a post-conviction ruling. For a criminal appeal of right to the Michigan Court of Appeals, MCR 7.204(A)(2) includes a 42-day period and specified alternative triggers. For a defendant seeking leave from a final criminal judgment or order, MCR 7.205(A)(2) generally uses the later of six months after entry or 42 days after a qualifying event.
Can you appeal a guilty plea in Michigan, or challenge only the sentence? Potentially, yes, but the type of conviction and the order being challenged determine the route. A plea-based circuit-court case generally requires an application for leave to appeal. A sentence challenge does not create a universal, separate deadline. The judgment, counsel and transcript requests, and any qualifying motions must be reviewed together.
Missing the deadline for an appeal of right can close that avenue of review, but it does not necessarily eliminate every opportunity to challenge a conviction or sentence. An application for leave to appeal or another form of post-conviction relief may remain available, subject to separate requirements and limitations.
The safest approach is to have a Michigan criminal appeal lawyer review the judgment, relevant orders, transcript requests, and procedural history promptly. This guide explains the principal Michigan criminal appeal deadlines, the circumstances that can affect their calculation, and why the correct deadline must be determined from the individual case.
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Michigan Appeal Deadlines at a Glance
| Proceeding | Starting point for deadline review |
|---|---|
| Criminal appeal of right to the Court of Appeals | MCR 7.204(A)(2): 42 days from the judgment or order, or an applicable alternative trigger under the rule. |
| Defendant’s application from a final criminal judgment or order, including a plea-based case | MCR 7.205(A)(2): later of six months after entry or 42 days after a qualifying event; the rule’s conditions and documentation requirements matter. |
| Supreme Court application after a Court of Appeals decision in a criminal case | MCR 7.305(C)(2): generally 56 days from the applicable event specified in that rule. |
| Application from a ruling on a 6.500 motion | MCR 6.509(A) refers to MCR 7.205(A)(1), generally 21 days, with a separate delayed-application provision under MCR 7.205(A)(4)(a). |
| District-court appeal to circuit court | Different rules apply under MCR 7.100; do not use the Court of Appeals 42-day period for every misdemeanor case. |
This table identifies the governing routes, not a case-specific due date. Review Chapter 7 of the Michigan Court Rules and MCR 6.509 with the actual orders and filing history.
When Does the Appeal Deadline Start?
Start with the actual judgment or order and the register of actions. MCR 7.204(A) and 7.205(A) define entry by reference to the date the order is signed or the date it is entered in the issuing court’s register of actions. The hearing date, the day a family receives a copy, and the entry date are not necessarily interchangeable.
The rules also incorporate MCR 1.108 for computing time. Counsel should check the applicable trigger, weekends and court holidays, service history, and any qualifying later order. Delayed service has a specific procedure under MCR 7.204(A)(3); it does not justify assuming that every deadline begins when you personally receive the order.
After a Trial: The 42-Day Appeal-of-Right Rule
For a qualifying circuit-court criminal appeal of right, MCR 7.204(A)(2) includes 42 days after entry of the judgment or order. It also addresses the appointed-counsel procedure under MCR 6.425(G)(1), denial of a timely counsel request, and orders denying specified timely motions for a new trial, directed verdict, or correction of an invalid sentence.
The deadline for an appeal of right is jurisdictional. Identify the applicable provision before filing; a general request for more time or an informal inquiry to the court does not itself protect the appeal. Our criminal appeal filing checklist explains the accompanying documents and filing steps.
After a Guilty Plea: Applications for Leave to Appeal
A plea-based circuit-court conviction generally requires an application for leave to appeal. For a defendant challenging a final criminal judgment or order, MCR 7.205(A)(2) uses the later of six months after entry or 42 days after a qualifying event. This is a specific criminal-defendant rule; it should not be applied to every order in every proceeding.
The qualifying events include certain counsel orders, transcript filings, and decisions on timely postjudgment motions. The counsel or transcript request may itself need to have been made within six months. A defendant relying on a 42-day alternative must provide the explanation and supporting documentation required by the rule. See applications for leave to appeal and appealing a guilty plea.
Do Sentence Challenges Have a Different Deadline?
A challenge limited to the sentence does not create one universal filing period. The conviction type, order appealed, and timing of a motion to correct an invalid sentence can affect the route. Preserve the relevant sentencing objections and obtain the sentencing transcript. Our sentence appeal guide addresses the issues that may support relief.
Can a Postjudgment Motion Change the Deadline?
Certain timely motions can create a later appeal trigger, but the qualifying motion and timing requirements differ between MCR 7.204 and 7.205. Collect both the motion’s filing date and the order deciding it. A late motion or successive reconsideration request does not automatically restart the appeal clock.
If appointed appellate counsel or transcripts were requested, retain the requests, appointment or denial orders, and transcript filing notices. Those documents may be essential to establishing that a later filing is timely.
Appealing a 6.500 Decision: 21 Days and Delayed Applications
An appeal from a decision under subchapter 6.500 proceeds by application for leave under MCR 6.509(A) and 7.205(A)(1), generally within 21 days. A delayed application may be available within six months under MCR 7.205(A)(4)(a), with reasons for the delay. The delayed period should not be treated as the ordinary filing deadline.
MCR 6.509(A) recognizes decisions on timely reconsideration motions and reissued orders under MCR 6.508(F). It does not extend the time to appeal the original judgment. The timing of an initial motion for relief from judgment is a separate question from the deadline to appeal its denial.
What Is the Deadline for a Michigan Supreme Court Criminal Appeal?
A different deadline applies when a defendant seeks review in the Michigan Supreme Court after a decision by the Michigan Court of Appeals. Under MCR 7.305(C)(2), a criminal application for leave to appeal generally must be filed within 56 days of the applicable Court of Appeals decision or other triggering event identified by the rule.
Because the precise deadline can depend on the procedural history of the case, defendants should have the Court of Appeals decision and docket reviewed promptly.
Learn more about the process, standards for review, and possible outcomes in our guide to a Michigan Supreme Court criminal appeal.
District-Court Cases Use a Different Appeal Route
An appeal from district court to circuit court is governed by subchapter 7.100. Do not apply the Court of Appeals 42-day rule merely because the case is criminal. Check which court entered the order, whether review is by right or leave, and the rule applicable to that particular order.
What If the Deadline Has Already Passed?
Have the record reviewed promptly. Missing an appeal-of-right deadline does not necessarily end every avenue of review, but an application for leave or postconviction motion has its own requirements. Previous appellate proceedings can also limit another application. A 6.500 motion is not an automatic substitute for a missed appeal.
If you believe an attorney failed to file or failed to act on a request for an appeal, preserve letters, messages, request forms, and relevant dates. The available remedy depends on the record and procedural posture; an allegation of attorney error does not itself revive a deadline.
Documents Needed to Check Your Deadline
- Judgment of sentence and every order you may want to challenge.
- Current register of actions and prior appellate docket entries.
- Requests for appellate counsel, appointment or denial orders, and their dates.
- Transcript requests and notices showing when transcripts were filed.
- Postjudgment motions, filing receipts, decisions, and proof of service.
- Prior Court of Appeals or Supreme Court decisions and any 6.500 proceedings.
Bring these materials to a criminal appeal case review. For the stages after filing, read the Michigan criminal appeal process and timeline guide.
Get Your Filing Deadline Reviewed
Call Czarnecki & Taylor PLLC at (586) 718-2345 or request a case evaluation. Include the court, case number, type of conviction, and date of the latest order so the procedural history can be assessed promptly.
