How Long Does a Michigan Appeal Take?

Michigan Court of Appeals courthouse in Lansing, Michigan

Attorney Insight

A Michigan appeal can take anywhere from several months to more than a year. The timeline depends on the type of appeal, the court involved, the complexity of the issues, the length of the trial record, transcript preparation, briefing, and whether the case proceeds to oral argument or further review.

In 2025, appeals decided by opinion by the Michigan Court of Appeals had a reported average time to disposition of 521 days, or about 17.1 months. But that statewide figure should not be treated as a guaranteed timeline for an individual case.

You appealed. Now much of your life may feel as though it is stuck in a waiting room. The lower court’s decision may still be affecting you, the appeal is not yet over, and there may be no simple way to know exactly when you will finally have an answer.

And the natural question is: How long does a Michigan appeal take?

Michigan appellate attorney Mark Linton of Great Lakes Appellate Law believes you deserve more than a vague “it depends.” Understanding how appeals work in the Michigan Court of Appeals can help explain why the process often takes many months from the initial filing through a decision.

Here, Mark explains the major stages of a Michigan appeal, how long those stages can take, and the factors that may make one appeal move faster or slower than another.

Quick Answer

A Michigan appeal commonly takes many months and may take a year or longer. Many non-expedited appeals can take roughly 12 to 18 months from filing through decision, although individual cases vary substantially. The Michigan Court of Appeals reported an average time to disposition by opinion of 521 days, or approximately 17.1 months, in 2025. That number is a statewide benchmark, not a prediction for any particular case.

What Happens During a Michigan Appeal?

A Michigan Court of Appeals case can involve a series of separate procedural stages. Depending on the case, those stages may include:

  1. Filing the appeal within the required deadline
  2. Preparing and transmitting the appellate record
  3. Ordering and preparing transcripts
  4. Preparing and filing the appellant’s brief
  5. Responding with the appellee’s brief
  6. Filing a reply brief when appropriate
  7. Resolving motions and other procedural issues
  8. Scheduling the case for submission or oral argument
  9. Having a three-judge panel consider the record and legal arguments
  10. Receiving an opinion or order from the Court of Appeals
  11. Potentially seeking further review from the Michigan Supreme Court

The result is that the time between a trial court’s final decision and the ultimate conclusion of the appellate process can be considerably longer than many people expect.

Why Michigan Appeals Take So Long

An appeal takes time because it involves a sequence of procedural steps rather than a single event. Chapter 7 of the Michigan Court Rules governs appellate proceedings in Michigan, including Court of Appeals and Supreme Court proceedings. Michigan statutes also establish appellate jurisdiction, including MCL 600.308 and MCL 600.309.

MCL 600.308 provides the Michigan Court of Appeals with jurisdiction over specified final judgments and final orders from the circuit court, Court of Claims, and probate court. The nature of the order being challenged can also determine whether the appeal proceeds as of right or requires permission from the appellate court.

That means the appellate timeline does not simply begin when someone decides they want to challenge a ruling. The case must first enter the appellate process properly.

Step 1: Filing the Appeal

One of the most important deadlines in a Michigan appeal occurs at the very beginning. Under MCR 7.204(A), an appeal of right in a civil case generally must be taken within 21 days of the relevant judgment or order, subject to the exceptions provided by the rule.

Criminal appeals have different timing requirements. MCR 7.204(A)(2) generally provides a 42-day period for taking an appeal of right in a criminal case after entry of the judgment or order being appealed, subject to the rule’s specific provisions.

Because appellate deadlines can determine whether the Court of Appeals has jurisdiction, determining the correct filing deadline is one of the first and most important tasks in any appeal.

Appeals by Leave Can Follow a Different Path

Not every appeal proceeds as an appeal of right. Some orders may be reviewed only if the appellate court grants permission. In those circumstances, the party may need to file an application for leave to appeal under MCR 7.205.

An application for leave to appeal generally must be filed within the applicable deadline established by the court rules. Certain delayed applications may also be permitted under specified circumstances.

The distinction between an appeal of right and an application for leave can affect both whether the Court of Appeals reviews the case and how the matter moves through the appellate process.

Step 2: Preparing the Record

After the appeal begins, the appellate court needs the record from the lower court. MCR 7.210 generally provides that appeals to the Michigan Court of Appeals are heard on the original record.

The record may include:

  • The original papers filed in the case
  • Transcripts of testimony and other proceedings
  • Exhibits introduced in the case
  • Orders and judgments
  • Other materials necessary for appellate review

The appellate court therefore does not simply review the written judgment. It needs the underlying record to determine what happened, what issues were raised, and what may properly be reviewed on appeal.

Transcripts Can Add Significant Time

Transcript preparation is one of the major factors affecting how long a Michigan appeal takes. The appellant is generally responsible for ensuring that required transcripts are ordered and filed.

For many Court of Appeals cases, a court reporter or recorder may have up to 91 days after a transcript is ordered to prepare and file it, subject to the applicable rule and any order shortening or extending that period.

If the trial court proceedings involved multiple hearings, extensive testimony, or a lengthy trial, transcript preparation alone can consume a substantial portion of the appellate timeline.

Step 3: The Appellant Files a Brief

Once the required procedural steps have been completed, the appellant must prepare and file a written appellate brief. MCR 7.212 establishes briefing deadlines, and the applicable timing depends on the type of case.

For many ordinary Court of Appeals cases, the appellant’s brief is generally due 56 days after the applicable triggering event. Depending on the case, that event may be the filing of the claim of appeal or the filing of the transcript, whichever is later under the rule.

Certain matters, including some child custody, criminal, guardianship, and other proceedings, may be subject to different briefing schedules.

What Happens After the Appellant’s Brief?

The appellee generally has an opportunity to respond. Under MCR 7.212(A)(2), an appellee’s brief in an ordinary case is generally due 35 days after service of the appellant’s brief. The appellant may then file a reply brief when permitted by the applicable rules.

Briefing deadlines may sometimes be extended. As a result, briefing alone can occupy several months of the appellate process.

Transcript and Record Problems Can Change the Timeline

Michigan Court of Appeals orders demonstrate how transcript and record issues can affect the timing of an appeal.

In Martin M. Younce v. Patrick Tortora, Docket No. 368580 (2024), the Court of Appeals granted an extension after additional transcripts were needed and directed counsel to ensure that previously unordered hearing transcripts were obtained.

Similarly, in In re D A Rosporski Minor, Docket No. 364869 (2024), the Court of Appeals remanded the case for settlement of the record concerning an evidentiary hearing and established additional deadlines before appellate briefing could continue.

The Michigan Court of Appeals’ Internal Operating Procedures also explain that, in most cases, the time for filing the appellant’s brief begins when the last timely ordered transcript is filed with the trial court.

Step 4: Oral Argument or Submission on the Briefs

After the briefs and record are before the Court, the case may proceed toward submission or oral argument. Under MCR 7.214, oral argument in a calendar case generally requires a proper request unless the court orders otherwise.

Not every appeal requires oral argument. Some cases may be decided on the briefs and record. Whether oral argument occurs can affect the practical timeline of a particular appeal.

Step 5: The Court Decides the Appeal

Eventually, a panel of the Michigan Court of Appeals reviews the record and legal arguments and issues an opinion or order.

The 2025 Michigan Court of Appeals Annual Report provides a useful statewide benchmark. The Court reported that the average time from the beginning of the appellate process to disposition by opinion was 521 days, or approximately 17.1 months.

But that number requires context. According to the report, approximately half of the average time — about 260 days — involved transcript preparation, briefing, and transmission of the trial court record. The remaining approximately 261 days involved consideration of the case and issuance of the opinion.

For that reason, saying that a Michigan appeal simply “takes 17 months” oversimplifies the process. A better answer is that 17.1 months was the 2025 statewide average for cases disposed of by opinion, while individual appeals can move substantially faster or slower.

What Can Make a Michigan Appeal Take Longer?

Several factors can extend the appellate timeline.

  • A large trial record — A case involving weeks of testimony, numerous witnesses, multiple hearings, and extensive exhibits can take substantially longer to prepare and review.
  • Multiple appellate issues — Appeals involving numerous constitutional, evidentiary, statutory, procedural, or factual questions may require more extensive briefing and analysis.
  • Transcript delays — Lengthy or difficult transcript preparation can delay the beginning of briefing.
  • Motions — Motions involving dismissal, remand, extensions, or other procedural matters can affect the appellate schedule.
  • Cross-appeals — When both parties challenge portions of the lower court’s ruling, the briefing process can become more complex.
  • Remand to the trial court — The Court of Appeals may send a case back to the lower court for additional proceedings before appellate review continues.
  • Further review by the Michigan Supreme Court — A case may continue beyond the Court of Appeals if a party seeks and obtains further review.

How Long Does a Michigan Appeal Take in Criminal Cases?

Criminal appeals can involve additional procedural considerations. MCR 6.425 addresses certain post-judgment procedures involving appellate counsel and transcripts, while MCR 7.204 and MCR 7.205 establish appellate deadlines for different types of criminal appeals.

A defendant should not assume that the same timeline applies to every criminal appeal. The procedural path may depend on whether the defendant pleaded guilty or proceeded to trial, whether appellate counsel was requested, whether post-judgment motions were filed, and whether the appeal proceeds as of right or by leave.

How Long Does a Civil Appeal Take in Michigan?

Michigan civil appeals also vary substantially in length. An ordinary appeal from a final judgment can involve the same major stages described above, but the size of the record and complexity of the issues can make a significant difference.

A civil appeal involving a short record and one narrow legal question may move differently from complex litigation involving extensive discovery, numerous hearings, multiple exhibits, or several appellate issues.

Our detailed guide to the Michigan civil appeal process explains how filing, record preparation, briefing, oral argument, and appellate review fit together in a civil case.

Can a Michigan Appeal Be Expedited?

Sometimes. Michigan’s appellate rules provide mechanisms for seeking expedited or immediate consideration in appropriate circumstances. For example, MCR 7.205(F) provides a procedure for requesting immediate consideration of an application for leave to appeal when a decision is needed sooner.

The Court of Appeals also has authority to shorten or extend certain deadlines in appropriate circumstances. But expedited treatment is different from an ordinary appeal, and simply asking the Court to move faster does not automatically accelerate a case.

Does Hiring a Michigan Appellate Attorney Make an Appeal Faster?

Not necessarily. An appellate attorney cannot control the Court’s docket or guarantee when an opinion will be issued.

What experienced appellate representation can do is help ensure that the appeal is properly initiated, the necessary record is assembled, important issues are identified, and legal arguments are developed within the applicable rules and deadlines.

That matters because appellate procedure is highly structured. Delays can result from incomplete records, transcript problems, missed deadlines, defective filings, or other procedural issues. The goal should not simply be to rush the appeal. It should be to move it forward correctly.

Michigan appellate attorney Mark Linton working in his office

Further Review Can Extend the Appellate Process

A Michigan appeal does not necessarily end when the Court of Appeals issues its decision. In appropriate cases, a party may seek further review from the Michigan Supreme Court.

The procedural path can also depend on whether the case began with a claim of appeal or an application for leave. Those distinctions affect how a case reaches the Court of Appeals and can affect the overall course of appellate review.

For that reason, estimating the length of an appeal requires more than identifying the date the lower court entered its judgment. The nature of the appeal, the procedural route, the record, and the possibility of further review all matter.

Further Reading

Frequently Asked Questions About How Long a Michigan Appeal Takes

Can a Michigan appeal be completed in less than a year?

Yes. Some appeals can be resolved in less than a year, particularly when the record is manageable and the issues are relatively narrow. There is no guarantee, however, that a particular appeal will be completed within that period.

Can a Michigan appeal take more than two years?

Yes. Complex appeals can take substantially longer than the statewide average. Lengthy transcripts, extensive records, multiple issues, motions, remands, or further review can extend the overall process.

What takes the most time in a Michigan appeal?

Transcript preparation, briefing, transmission of the trial court record, and the appellate court’s consideration of the case can each contribute substantial time. The Michigan Court of Appeals reported that roughly half of its 2025 average disposition time by opinion was attributable to transcript preparation, briefing, and record transmission.

Can I speed up my Michigan appeal?

In some circumstances. A party may request expedited or immediate consideration under applicable appellate rules. Whether expedited treatment is appropriate depends on the circumstances of the case and the requirements of the governing rule.

Does a motion for reconsideration make an appeal take longer?

It can. A timely post-judgment motion may affect the deadline for taking an appeal, and additional motions can create further proceedings before appellate review moves forward. The specific effect depends on the timing and nature of the motion and the governing Michigan Court Rule.

Can the parties settle a case while an appeal is pending?

Yes, in appropriate cases. An appeal does not necessarily have to continue through a final appellate opinion. The parties may resolve the underlying dispute while the appeal is pending, although the required procedural steps depend on the nature and status of the case.

Can an appeal be dismissed before the Court of Appeals decides it?

Yes. An appeal can end before a decision on the merits because of voluntary dismissal, settlement, lack of jurisdiction, or other procedural circumstances. This is another reason statewide averages should not be interpreted as meaning every appeal remains pending for the full average period.

If you have additional questions about Michigan appellate deadlines, preservation of appellate issues, standards of review, or how the Michigan Court of Appeals evaluates a case, visit our Common Appeals Questions Knowledge Center for additional guidance.

Don’t Let the Wait Leave You in the Dark

Waiting for an appeal is difficult. Waiting without understanding what comes next can be even harder.

When you ask how long a Michigan appeal takes, you may not simply be looking for a number. You may be wondering whether your case is moving as it should, whether something is causing unnecessary delay, and what happens when the Court finally issues its decision.

You may also be wondering whether an unfavorable decision ends the case or whether further appellate options remain.

Great Lakes Appellate Law helps clients understand where an appeal stands, what may be affecting its progress, and what procedural options may remain as the case moves forward.

If you are considering an appeal or already have an appellate matter pending, contact Great Lakes Appellate Law to discuss your case and the appellate process.

Have Questions About the Timeline of a Michigan Appeal?

How long a Michigan appeal takes depends on the record, transcript preparation, briefing, procedural issues, oral argument, the complexity of the legal questions, and whether further appellate review is pursued.

At Great Lakes Appellate Law, Mark Linton helps clients understand Michigan appellate procedure, identify important deadlines, evaluate appellate issues, and determine the most appropriate path forward.

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