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MC 55 Claim of Appeal

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CLAIM OF APPEAL

Approved, SCAO

Original - Court of Appeals/Circuit court

1st copy - Trial court

JIS CODE: COA

2nd copy - Appellee

3rd copy - Appellant

STATE OF MICHIGAN

JUDICIAL

CIRCUIT

DISTRICT

COUNTY

IN THE COURT OF APPEALS

CLAIM OF APPEAL

CIRCUIT

DISTRICT

PROBATE

CASE NO.

Court telephone no.

Court address

Plaintiff's/Petitioner's name(s) and address(es)

Appellant

Appellee

V

Defendant's/Respondent's name(s) and address(es)

Appellant

Appellee

Plaintiff's attorney, bar no., address, and telephone no.

Defendant's attorney, bar no., address, and telephone no.

Probate In the matter of

Other interested party(ies) of probate matter

1. Name claims an appeal from a final judgment or order entered on

Date

in the

Court of the State of Michigan,

by district judge

circuit judge

probate judge

district court magistrate

Name of judge or district court magistrate Bar no.

2. Bond on appeal is

filed.

attached.

waived.

not required.

3.

a. The transcript has been ordered.

b. The transcript has been filed.

c. No record was made.

4. THIS CASE INVOLVES

a. A CONTEST AS TO THE CUSTODY OF A MINOR CHILD.

b. AN ADULT OR MINOR GUARDIANSHIP UNDER THE ESTATES AND PROTECTED INDIVIDUALS CODE OR UNDER THE MENTAL HEALTH CODE.

c. AN INVOLUNTARY MENTAL HEALTH TREATMENT CASE UNDER THE MENTAL HEALTH CODE.

d. A RULING THAT A PROVISION OF THE MICHIGAN CONSTITUTION, A MICHIGAN STATUTE, A RULE OR REGULATION INCLUDED IN THE MICHIGAN ADMINISTRATIVE CODE, OR ANY OTHER ACTION OF THE LEGISLATIVE OR EXECUTIVE BRANCH OF STATE GOVERNMENT IS INVALID.

Date

/s/

PROOF OF SERVICE

I certify that copies of this claim of appeal and bond (if required) were served on

Name

on

by personal service.

first-class mail.

Name

on

by personal service.

first-class mail.

Name

on

by personal service.

first-class mail.

MC 55 (9/17) CLAIM OF APPEAL

MCR 4.401(D), MCR 7.104(C), MCR 7.108(C)(3), MCR 7.204(D)

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What the MC 55 Claim of Appeal Is

The MC 55 Claim of Appeal is a standardized U.S. appeal form used to preserve and present a party's request for review of an adverse administrative or adjudicative determination. It captures identifying case data, the appellant's grounds for contesting the decision, requested relief, and supporting exhibits. Jurisdictions and tribunals may vary in how they accept and process the MC 55; the form functions primarily as a notice and record that triggers appellate or review procedures and starts the scheduling, service, and briefing cycle.

Why the MC 55 Matters for Your Case

Filing an accurate MC 55 protects appellate rights by documenting the party, case reference, and precise grounds for review, allowing the tribunal to calendar the matter and notify other parties.

Why the MC 55 Matters for Your Case

Who Typically Completes an MC 55

Confirm signatory authority and filing method before submission to avoid processing delays or rejection.

  • Appellants or parties directly affected who want formal review of a decision within the permitted appeal period.
  • Attorneys or authorized agents acting under written authority to file and manage appeals on a client's behalf.
  • Clerical staff or case managers preparing the administrative record and ensuring required attachments are included.

Stepwise Completion and Filing Workflow

Complete and file the MC 55 in a controlled sequence to ensure the appeal is accepted and routed correctly.

  • 01
    Gather Records: Collect the decision, notices, and supporting documents.
  • 02
    Fill Form: Enter case ID, grounds, relief, and contact details.
  • 03
    Sign & Date: Sign in the designated block and add MM/DD/YYYY date.
  • 04
    File & Serve: Submit to the clerk and serve opposing parties per rules.

How an MC 55 Moves Through the System

The MC 55 triggers internal processing steps at the receiving tribunal and notifies other parties that an appeal is pending.

  • Receive: Court clerk accepts and stamps the filing.
  • Calendar: Tribunal or docketing clerk sets filing deadlines.
  • Serve: Opposing parties receive official notice and documents.
  • Review: Appellate or review panel schedules briefs or hearing.

Configuring a Digital MC 55 Workflow

Set up your e-filing workflow with these common configuration points prior to submission.

Field Configuration
Authentication Email + optional SMS code for signer verification.
Attachments Required Make exhibits mandatory to prevent incomplete submissions.
Notifications Auto-notify clerk and opposing counsel on file/serve.
Archive Format Store signed PDF/A with audit trail included.

Technical Considerations for Digital Completion

Choose a platform that supports common formats and secure signer authentication for court or agency submissions.

  • File Types: PDF, DOCX, and flattened PDF/A are commonly accepted.
  • Integrations: Works with Salesforce, Microsoft 365, NetSuite, Box, and Google Workspace.
  • Audit Trail: Record timestamps, IP addresses, and signer actions.

Typical Deadlines and Filing Timeframes

Timeliness rules vary by tribunal; confirm the specific appeal period and service deadlines for the issuing body.

Appeal Period:

Often 30 calendar days from the decision date; verify local rules.

Filing Fee Due:

Pay required fee at time of filing or request waiver if eligible.

Service Deadline:

Serve opposing parties immediately upon filing per local procedure.

Response Period:

The respondent usually has 14–30 days to answer the appeal.

Extension Requests:

File motions for extension before deadlines; acceptance is discretionary.

Key Milestones from Filing to Disposition

A high-level sequence of milestones helps you track progress and required actions after submitting the MC 55.

01

Prepare Record

Assemble decision, transcripts, and exhibits for attachment.

02

File Notice

Submit MC 55 and required fee to the clerk.

03

Serve Parties

Provide copies to all named parties and file proof.

04

Tribunal Disposition

Panel issues ruling, schedules hearing, or sets briefing.

Common Preparation Pitfalls to Avoid

  • Using an outdated form version or failing to include the current case number leads to clerk rejection and re-filing delays.
  • Submitting vague or unsupported grounds for appeal can narrow issues considered and increase the risk of dismissal.
  • Omitting required exhibits, transcripts, or proof of service commonly results in an incomplete record and late supplementation.
  • Failing to verify who is authorized to sign on behalf of an entity can create challenges to enforceability and require corrective filings.

Consequences of Incorrect or Late MC 55 Filings

Dismissal Risk: Late filing may forfeit appeal rights.
Perjury Exposure: False statements can lead to sanctions.
Fee Forfeiture: Incorrect fee or unpaid charge may delay processing.
Record Exclusion: Missing exhibits may be excluded from review.
Procedural Delay: Venue or service errors cause remands for cure.
Rejection: Clerk may reject form for noncompliance.

Primary Elements to Include on the MC 55

A complete MC 55 contains standardized identifiers, a clear statement of relief sought, signatory certification, and an exhibit list to create a coherent appellate record.

Case Identifier

Exact docket or file number so the clerk links the appeal to the underlying matter and avoids misfiling.

Appellant Details

Full legal name, contact information, and representative's credentials to ensure service and contact accuracy.

Grounds Stated

Concise factual and legal bases for appeal preserved for briefing and record development.

Relief Sought

Specific remedy requested such as reversal, remand, rehearing, or other discrete relief.

Exhibit List

Numbered index of attached documents and transcripts that form the record on appeal.

Certification

Signature, date, and statement of truthfulness or authority to bind the appellant.

Required Identifying Data on the Form

Appellant Name: Full legal name
Case/Docket Number: Official filing number
Contact Address: Street, city, state, ZIP
Grounds Summary: Clear basis for appeal
Relief Requested: Precise remedy sought
Signature Date: MM/DD/YYYY format

Frequently Asked Questions and Troubleshooting

Answers to common MC 55 questions help avoid procedural errors, address e-sign concerns, and explain options if you need to amend or withdraw an appeal.


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