interlocutory appeals are certainly not limited to such orders. In an appropriate case, it might make sense to seek leave to appeal from an order denying summary disposition, such as if the motion raised a statute of limitations issue or some other legal issue that would dispose of the case in its entirety and avoid the need for discovery and a time- consuming and expensive trial.
It is also important to carefully consider what should be attached to the application. MCR 7.205(B) sets out the basics: the judgment or order being appealed and either the relevant transcript or, if it is not yet available, a court reporter certificate or statement by the appellant’s attorney that the transcript has been ordered. If the appeal is an emergency, consider expediting the transcript request and explaining in the application the status of that request. Alternatively, if the transcript is not crucial to the Court of Appeals’ review of the application, be sure to let the Court know that as well.
Also consider attaching other materials (key contract provisions, deposition testimony, etc.) that are critical for the Court’s review. It is important to remember that the Court of Appeals will not order the lower court record and will decide the application based on whatever the parties supply.
In seeking leave to appeal from an interlocutory order, parties should also keep in mind that the Court of Appeals has authority to enter a final decision at the application stage, in lieu of granting leave to appeal. See MCR 7.205(E)(2) (“The court may grant or deny the application; enter a final decision; [or] grant other relief.”). As a result, a party might consider making a specific request that the Court enter a peremptory order (e.g., granting summary disposition) as an alternative to granting leave to appeal.
Finally, it is important to remember that filing an application for leave to appeal, like claiming an appeal of right, does not automatically stay proceedings in the lower court. Again, there are exceptions, such as in appeals from orders denying governmental immunity. But in most cases, a party seeking a stay must first request it from the trial court, and then from the Court of Appeals if the trial court denies a stay. While there are no specific requirements for seeking a stay, the key is to show that harm would result without one. It also can’t hurt to explain why the opposing party would not be prejudiced by a stay. Typically, the Court of Appeals will consolidate the motion for stay with the application and decide them at the same time. If the application is granted, a stay will usually be granted as well.
A Primer on Formatting Electronic Documents for Michigan’s Appellate Courts
A recurring theme at Michigan’s Appellate Bench-Bar Conference has been that appellate lawyers need to format briefs to be read onscreen and on iPads. Michigan’s judges and justices are increasingly going paperless and they expect briefs to be