Q & A: I want to appeal a decision the court made in my case. But I am short on funds. Can I wait a while to appeal?

Q : I want to appeal a decision the court made in my case. My attorney says it's an issue that's subject to appeal. But I am short on funds to pay my attorney. Can I wait a while to appeal? 

A: Probably not.

You do not state in your question in what area of law your case was. Your question does center on the area of Procedure (whether Criminal Procedure or Civil Procedure). Evidence law may also come into play here.

In general, an option to appeal a decision is limited - in more than one way. First, only certain issues will be considered relevant to an appeal. This is sometimes a question of law (what prior cases have held), and other times a question of fact (whether the judge left out certain evidence, denied a motion, etc.) If it's an evidence question, a transcript of the earlier hearing may need to be reviewed, to see what was done in court, and on the record.


Second, and more importantly in your case, an appeal is limited in time.
Court rules limit when an appeal can be done. It is typically 21 days (under MCR 2.119 (F), and MCR 7.205 (A)) after the entry of an order in a case. This means that once the order is signed (entered) by the judge, your "clock" begins ticking.

I understand that attorney fees are expensive. If you wait too long, your appeal "window" will possibly close forever. This means that you will have to live with the decision that was made in your case.

However, it may be possible to wait a little while - up to six months  possibly, if you can show the court (through an affidavit, best presented through your attorney's representation) that there was a very valid reason why the appeal was not filed within the original 21 day window. This is what is known as a "delayed application for leave" to appeal.

Please give your attorney as much time as possible to begin that appeal. 

Looking for a legal job? Like criminal law?

The Michigan Appellate Assigned Counsel System is accepting applications for attorneys. Go to www.sado.org for more information. Applications accepted until November 15, 2013.

No custody rights, says Michigan Court of Appeals to parent in same-gender couple

article here.  

The Michigan Court of Appeals has agreed with a Dickinson County judge who dismissed a lawsuit by Jennifer Stankevich who was seeking custody and other rights from her former partner, Leanne Milliron.
Stankevich and Milliron had entered into a same-sex marriage in Canada in 2007 but separated two years later.

While Stankevich apparently had a role in the child’s early life, the court ruled Milliron is the biological mother, and since Michigan doesn’t recognize same-sex marriage, she thereby has the upper hand in any legal action.

Side Note: I think that this may be an inequitable result, but probably will be upheld if it goes to a higher court. If there's a heterosexual couple, where children are residing with a biological parent, and one person is not the biological parent, and doesn't make an effort to adopt children who he/she is parenting, then they have no standing for custody when the adult relationship ends. This is similar to how the court here viewed the standing of the non-biological mom in this same-gender couple.