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Michigan Request and Order for Court Appointed Appellate Counsel

State:
Michigan
Control #:
MI-JC-81
Format:
PDF
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Description

Request and Order for Court Appointed Appellate Counsel

The Michigan Request and Order for Court Appointed Appellate Counsel is a document used by the Michigan Supreme Court to appoint an attorney to represent a party in an appeal that is pending before the Supreme Court or the Michigan Court of Appeals. The document is used to appoint counsel for a party who is unable to afford the cost of appellate representation. There are two types of Michigan Request and Order for Court Appointed Appellate Counsel. The first type is the Request and Order for Appellate Counsel. This form is used to request the appointment of an attorney to represent a party in an appeal. The form must be completed and signed by the party requesting the appointment. The second type is the Order for Appellate Counsel. This form is used by the court to appoint an attorney to represent the party in an appeal. The form must be completed and signed by the court. The Michigan Request and Order for Court Appointed Appellate Counsel is an essential document for ensuring that parties have access to legal counsel in appellate proceedings.

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FAQ

The Court may deny your application for a court appointed attorney if the Court determines that you are not indigent and can hire your own attorney, or if you are charged with an offense that is not likely to result in jail time.

The claim of appeal is often filed by the trial court. If you were convicted following a trial, you requested counsel within 42 days of the judgment of sentence, and the trial court determined you were indigent, the trial court will appoint counsel, file your claim of appeal, and order the transcripts.

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When an appellant requires a decision on an application in fewer than 35 days, the appellant must file a motion for immediate consideration concisely stating why an immediate decision is required.

To apply for leave to appeal, the appellant shall file with the clerk: (1) 5 copies of an application for leave to appeal (one signed), stating the date and nature of the judgment or order appealed from; concisely reciting the appellant's allegations of error and the relief sought; setting forth a concise argument,

If you are charged with a felony, the judge will ask during the arraignment if you want an attorney appointed to represent you. You do not need to complete an application for a felony charge, but you must let the judge know that you are requesting court-appointed counsel.

The durable power of attorney must either be notarized (in practice this is preferred) or witnessed by two persons who are not the agent (the person who may act for the principal). The witnesses must also sign the power of attorney.

If you are charged with a crime and facing the possibility of time in jail or prison, and you cannot afford to hire a retained criminal defense attorney, you are entitled to an attorney at public expense. If you cannot afford an attorney, the court must appoint one for you.

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Michigan Request and Order for Court Appointed Appellate Counsel