Full question:
Defense won motion for summary disposition sent letter saying I have 7 days to object, I objected, hearing on Dec 6. Judge gave defense 35 days to enter judgement. I want to appeal but will not get transcripts from motion hearing before February 10. Do I have to appeal without motion hearing transcripts, or do I appeal based on defense judgement order? Please send case law.
- Category: Civil Actions
- Date:
- State: Michigan
Answer:
We cannot give legal advice. The following is not a substitute for the advice of a local attorney. But we hope the information will be useful.
We don't usually offer advice on "in-litigation" matters - there are too many variables. This is such a case, but what I will offer is this: all you probably need to file is a Notice of Appeal. And do so within the time period for filing an appeal. THEN, once you've filed the Notice of Appeal, you can get your materials together, including the transcripts. There will be a deadline, but you can Motion for an extension if necessary. For that matter, you can Motion for an extension of time to decide whether or not to file the Notice of Appeal.
This is not a research service, so I can't provide you with relevant case law. That would cost you loads more than $15. I think, however, I've told you what you need to know, above. Request an extension of whatever deadline it is you have a problem meeting. Explain in the motion what is the reason for the delay (the transcripts). The judge typically automatically grants these requests.
This being an in-litigation matter, what you really need to do is talk to a local attorney if you have serious consequences at stake here. You are compromising your chances of reaching a good outcome by trying to do it on your own, as noble as the attempt may be.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
