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Section 600.308

REVISED JUDICATURE ACT OF 1961 (EXCERPT)
Act 236 of 1961


600.308 Jurisdiction on appeals from orders and judgments.

Sec. 308.

(1) The court of appeals has jurisdiction on appeals from the following orders and judgments, which are appealable as a matter of right:

(a) All final judgments from the circuit court, court of claims, and recorder's court, except judgments on ordinance violations in the traffic and ordinance division of recorder's court and final judgments and orders described in subsections (2) and (3).

(b) Those orders of the probate court from which an appeal as of right may be taken under section 861.

(2) The court of appeals has jurisdiction on appeal from the following orders and judgments that shall be reviewable only upon application for leave to appeal granted by the court of appeals:

(a) A final judgment or order made by the circuit court under any of the following circumstances:

(i) In an appeal from an order, sentence, or judgment of the probate court under section 863(1) and (2).

(ii) In an appeal from a final judgment or order of the district court appealed to the circuit court under section 8342.

(iii) An appeal from a final judgment or order of a municipal court.

(iv) In an appeal from an ordinance violation conviction in the traffic and ordinance division of recorder's court of the city of Detroit, if the conviction occurred before September 1, 1981.

(b) An order, sentence, or judgment of the probate court, if the probate court certifies the issue or issues under section 863(3).

(c) A final judgment or order made by the recorder's court of the city of Detroit in an appeal from the district court in the thirty-sixth district under section 8342(2).

(d) A final order or judgment from the circuit court or recorder's court for the city of Detroit based upon a defendant's plea of guilty or nolo contendere.

(e) Any other judgment or interlocutory order as determined by court rule.

(3) An order concerning the assignment of a case to the business court under chapter 80 shall not be appealed to the court of appeals.

(4) The court of appeals has exclusive original jurisdiction over any action challenging the validity of section 6404, 6410, 6413, or 6419.


History: Add. 1964, Act 281, Imd. Eff. June 11, 1964 ;-- Am. 1968, Act 116, Imd. Eff. June 11, 1968 ;-- Am. 1981, Act 206, Eff. Jan. 1, 1982 ;-- Am. 1994, Act 375, Imd. Eff. Dec. 27, 1994 ;-- Am. 2012, Act 333, Eff. Jan. 1, 2013 ;-- Am. 2013, Act 164, Imd. Eff. Nov. 12, 2013


© 2009 Legislative Council, State of Michigan