When parties to a trial are not satisfied with the outcome of a case, they may appeal the decision to a higher court that has the authority to alter or reverse a lower court’s decision.[a] Most district court cases and some probate court cases get appealed to circuit courts, while other probate and all circuit court cases get appealed to the statewide Court of Appeals.[69]
Despite its name, the Court of Appeals does not hear every appeal. Cases from lower courts can be appealed to the COA in one of two ways. Certain types of cases include an automatic right to an appeal, while others require appellants to ask the court for permission to appeal.[70] The COA has discretion over whether it will grant permission, or “leave to appeal.” In a small number of instances — such as cases involving funding disputes between the state and a local government — a case will begin in the COA rather than in a trial court.[71]
The COA’s function is to review the lower court’s decision and determine whether it correctly interpreted the law.[b] Thus, the appeal proceedings do not involve witnesses or evidence and may not even involve arguments. Attorneys may simply be asked to submit briefs that explain their arguments to a panel of judges and receive a written decision later.[72] If judges do wish to hear oral arguments, they will invite attorneys for each side to present their arguments. The attorneys will not object or interrupt one another, but the judges may question each attorney about their argument and about the law.
The COA is composed of 24 judges elected by voters statewide from one of four districts based in Detroit, Troy, Grand Rapids and Lansing.[73] Appellate cases are heard year-round by three-judge panels selected randomly from the entire appellate bench, and case decisions are made by majority rule.[74] Parties to appellate court cases may petition the Michigan Supreme Court to hear an appeal of the decision of the COA.
[a] There does not have to be a trial to have an appeal — pleas, sentences and other matters may be appealed. MCR § 7.203(A).
[b] Appellate proceedings do not consider questions of fact; the factual record of an incident or dispute is established using evidence introduced at the trial level. Admiral Ins v Columbia Cas Ins, 194 Mich App 300, 305 (1992). Appellate courts can, depending on the case, review the factual record established at the trial level, but that record will be upheld unless demonstrated that it is clearly erroneous. If the court determines that insufficient information was gathered at trial, the COA can remand, or send back, a case to trial court for further fact-finding. “Appeals & Opinions Benchbook” (Michigan Judicial Institute, 2018), 1–12, https://perma.cc/85RK-WVNP.