-
FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
By continuing to use this site, you are consenting to our Terms of Service and use of cookies.
Michigan Supreme Court
- Thread starter jci63
- Start date
Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills Please click a topic or scroll down for more.
- Status
Quick questions - I filed my Application for Leave to Appeal on October 28, 2008 along with a Noitce of Hearing, Oral Argument requested on brief and proof of service.
I notice when I punch in my Appeals Court number in now states at the bottom
10/28/2008 77 SCt: Application for Leave to SCt
Supreme Court No. 137568
Notice Date: 11/25/2008
Fee: Paid Check No.:34084
For Party: 1
Filed By Pro Per
I believe the Supreme Court number is 137568
The hearing date is November 25, 2008
What will take place at this hearing?
The Supreme Court website is not clear.
"Each year, the Supreme Court receives over 2,000 applications for leave to appeal from litigants primarily seeking review of decisions by the Michigan Court of Appeals. Each justice is responsible for reviewing each case to determine whether leave should be granted. The Court issues a decision in all cases filed with the Clerk's Office. Cases that are accepted for oral argument may be decided by an order, with or without an opinion. These orders may affirm or reverse the Michigan Court of Appeals, may remand a case to the trial court, or may adopt a correct Court of Appeals opinion."
I notice when I punch in my Appeals Court number in now states at the bottom
10/28/2008 77 SCt: Application for Leave to SCt
Supreme Court No. 137568
Notice Date: 11/25/2008
Fee: Paid Check No.:34084
For Party: 1
Filed By Pro Per
I believe the Supreme Court number is 137568
The hearing date is November 25, 2008
What will take place at this hearing?
The Supreme Court website is not clear.
"Each year, the Supreme Court receives over 2,000 applications for leave to appeal from litigants primarily seeking review of decisions by the Michigan Court of Appeals. Each justice is responsible for reviewing each case to determine whether leave should be granted. The Court issues a decision in all cases filed with the Clerk's Office. Cases that are accepted for oral argument may be decided by an order, with or without an opinion. These orders may affirm or reverse the Michigan Court of Appeals, may remand a case to the trial court, or may adopt a correct Court of Appeals opinion."
Don't lose sight of the fact that the supreme court will not address any issues that you could have and did not raise on appeal.
All the hearing date means at this point is the supreme court will decide at that time whether or not to exercise its discretionary right to accept or deny review of your case. Your case will be one of many on the docket on that same date. The court generally issues its rulings once a week on cases submitted to it for review. The vast majority of these are simply denied without any explanation.
Last edited:
quincy
Senior Member
The notice date is the date in which any response must be filed in order to be heard by the Court (for instance, a motion to dismiss the application for leave). Any defects in the filing can be curable during this time, as well.
What happens next is that the application is reviewed - the Court will determine if there are any issues pending on the same case, will look at the previous appeals, will determine if the case needs any special treatment. Certain cases are assigned immediately or on the notice date, based on priorities, followed by a first-come/first serve.
A Commissioner reviews the application and any responses filed, reviews trial and appeal files, and prepares an initial report for the Justices. This report will state the issues and facts and will summarize the arguments, and then it will recommend an order to be taken by the Court.
After this internal review by the Commissioner, the report is given to the Supreme Court Justices, it is reviewed by the Justices, and the Justices will determine whether to follow the recommendation of the Commissioner (in which case the order is automatically entered) or whether to schedule the case for conference. The scheduling for conference is generally based on the Commissioner's recommendation.
Perhaps a third of all cases get scheduled. Generally the Court will deny an application for leave to appeal.
You will hear. If it is scheduled for conference, that is good.
What happens next is that the application is reviewed - the Court will determine if there are any issues pending on the same case, will look at the previous appeals, will determine if the case needs any special treatment. Certain cases are assigned immediately or on the notice date, based on priorities, followed by a first-come/first serve.
A Commissioner reviews the application and any responses filed, reviews trial and appeal files, and prepares an initial report for the Justices. This report will state the issues and facts and will summarize the arguments, and then it will recommend an order to be taken by the Court.
After this internal review by the Commissioner, the report is given to the Supreme Court Justices, it is reviewed by the Justices, and the Justices will determine whether to follow the recommendation of the Commissioner (in which case the order is automatically entered) or whether to schedule the case for conference. The scheduling for conference is generally based on the Commissioner's recommendation.
Perhaps a third of all cases get scheduled. Generally the Court will deny an application for leave to appeal.
You will hear. If it is scheduled for conference, that is good.
Last edited:
I received this in the mail form the Supreme Court Office of the Clerk.
October 29,2008
Mr. jci63
In Re: jci63 v Defendnats, et ai, Sup Ct #137568
Mr. jci63:
Your Application for Leave to Appeal in the above-referenced matter has been
received and filed by this office and will be submitted to the Court for its consideration
on after November 25, 2008.
By copy of this letter, other counsel are advised that an answer to your
application may be filed with this office. You and all other parties will be advised by
mail when the Court has taken action.
Supreme Court Clerk
October 29,2008
Mr. jci63
In Re: jci63 v Defendnats, et ai, Sup Ct #137568
Mr. jci63:
Your Application for Leave to Appeal in the above-referenced matter has been
received and filed by this office and will be submitted to the Court for its consideration
on after November 25, 2008.
By copy of this letter, other counsel are advised that an answer to your
application may be filed with this office. You and all other parties will be advised by
mail when the Court has taken action.
Supreme Court Clerk
The Hearing date is when the Supreme Court will decide whether or not to accept the case. Do I attend this hearing date, if so, do I need oral argument?
All this means is the other party may file an answer to your application, which for many reasons they probably will not.
You actually have no hearing, other than notice the court will consider your application. You will not be given any opportunity to attend a hearing or make oral arguments while the court considers your application.
You are getting way ahead of yourself. What you have filed is not necessarily your brief, just your arguments for why your application should be granted. If the supreme court requests an answer from the other party and if they grant your application, they may then request briefings on the merits.
Unfortunately the odds are very much against being granted leave to appeal, and far less so for a pro per in a case such as this.
quincy
Senior Member
First, the Clerk's Office will notify you if there are any defects in your application. The Clerk was the one who set the notice date and entered it. A response by the other party must be filed by the notice date in order to be considered. If they file a motion for dismissal or a response to your application for leave, you are able to file a response (10 pages or less). The Court generally will not entertain a motion to dismiss, however.
But, other than that, it is out of your hands. You do not attend any hearings unless the Court decides to hear oral arguments - and that is still a long ways off and very iffy.
You will be notified by the Court if there is a conference on your application. Conferences are scheduled if one or more of the Justices has objected to the recommended order by the Commissioner, or because the Commissioner has recommended a conference, or because a conference is needed to grant leave to appeal or peremptory relief.
At a conference (and, again, only a third or so of cases will make it to conference), the Justices will decide what action to take. It could be to ask for the opposing party to respond to the application, if they have not already done so, or it could be to ask for a further analysis of the issues, or it could be to place the case on the session calendar for oral arguments to be heard.
The oral arguments are usually heard on only selected issues that the Justices may need clarification on. If your case is selected for oral argument, both you and the other party will file supplementary briefs. Following oral arguments, the Court will again consider the application for leave to appeal, and will make their determination.
If the majority of Justices are inclined to grant a leave of appeal, another separate conference is held on that, to make a final determination.
But, jci, you are a LONG way off from that right now. The first step will be to answer any motion or response the other party may submit. And then you wait.
But, other than that, it is out of your hands. You do not attend any hearings unless the Court decides to hear oral arguments - and that is still a long ways off and very iffy.
You will be notified by the Court if there is a conference on your application. Conferences are scheduled if one or more of the Justices has objected to the recommended order by the Commissioner, or because the Commissioner has recommended a conference, or because a conference is needed to grant leave to appeal or peremptory relief.
At a conference (and, again, only a third or so of cases will make it to conference), the Justices will decide what action to take. It could be to ask for the opposing party to respond to the application, if they have not already done so, or it could be to ask for a further analysis of the issues, or it could be to place the case on the session calendar for oral arguments to be heard.
The oral arguments are usually heard on only selected issues that the Justices may need clarification on. If your case is selected for oral argument, both you and the other party will file supplementary briefs. Following oral arguments, the Court will again consider the application for leave to appeal, and will make their determination.
If the majority of Justices are inclined to grant a leave of appeal, another separate conference is held on that, to make a final determination.
But, jci, you are a LONG way off from that right now. The first step will be to answer any motion or response the other party may submit. And then you wait.
Last edited:
quincy
Senior Member
Okay. Good. Then you will have the chance to respond to that. It will probably be a motion to dismiss.
By the way, and again this is a long ways off if your application makes it this far, if the majority of Justices have a final separate conference on the grant of leave to appeal, the grant order will allow you to address the issues raised in your application one last time.
Good luck!
By the way, and again this is a long ways off if your application makes it this far, if the majority of Justices have a final separate conference on the grant of leave to appeal, the grant order will allow you to address the issues raised in your application one last time.
Good luck!
Unless opposing counsel is claiming you misrepresented any facts, or that you are raising new issues that cannot be raised, or some other good legal reason, they really should not be filing a response.
A lot of attorneys file an unrequested response to a supreme court either out of ignorance because they think they have to or as another opportunity to run up the tab on legal fees. Either is usually not bad for the wanting the supreme court to hear the case, because it makes a little blip on the supreme courts radar screen.
Good luck.
I am not sure what you are disagreeing with.
I stated a response does not generally need to be filed, while you stated that a response is generally filed. Both statements are correct.
My point is that a response does not generally need to be filed, because it will be requested should the case make it to conference. As we know, most cases do not make it to conference. So in most cases an unrequested response is unecessary and a waste of time and the clients money.
- Status