Jurisdictional Vs Nonjurisdictional Appeal Filing Deadlines

Most of us think of appeal filing deadlines as absolute. That certainly is the case under the Michigan Court Rules. But as demonstrated by a recent decision from the United States Supreme Court, Hamer v Neighborhood Housing Serv of Chicago, ___ US ___ (Nov 8, 2017), it is not always so when it comes to the Federal Rules of Appellate Procedure.

State Court

It is well established under the Michigan Court Rules that the "time limit for an appeal of right is jurisdictional." MCR 7.204(A). In general, this means that an appeal of right in a civil case must be filed within 21 days of the judgment or order appealed from, MCR 7.204(A)(1)(a), or 21 days after the entry of an order denying a timely "motion for new trial, a motion for rehearing or reconsideration, or a motion for other relief from the order or judgment appealed." MCR 7.204(A)(1)(b).² If an appeal as of right is not filed in accordance with the court rules, it will be dismissed for lack of jurisdiction. See Ba