Model Pleadings
The pleadings on this page were filed in Court as indicated and serve as models for form only.
State Trial Court Pleadings
- Motion to Compel Production of Trial Counsel's File (and Order granting motion)
- Motion for New Trial with Brief in Support
- Motion to Withdraw Guilty Plea with Brief in Support
- Motion to Correct Invalid Sentence with Brief in Support
- Motion to Reduce Jail Sentence (1/4 reduction)
Interlocutory Appeals
Interlocutory appeals may be filed in the circuit court or in the Court of Appeals. Practitioners may want to watch Taking It Up: Everything You Need to Know About Interlocutory Appeals (2022), presented by Neighborhood Defender Services Research & Training Attorney Erin Van Campen, as part of the Wayne County Criminal Advocacy Program. The accompanying handout (available on the CAP site) provides a thorough review of interlocutory appeals, and gives samples and tips for attorneys who are new to these appeals.
Practitioners may also need to file a motion to stay in the trial court and/or a motion to stay in the Court of Appeals, together with a motion for immediate consideration of the application for leave to appeal.
Michigan Court of Appeals
- Defendant-Appellant's Motion to Exceed (50) Page Limit to be filed at least 21 days before brief is due
- Defendant-Appellant's Brief on Appeal
- Defendant-Appellant's Motion for Permission to Order Late Transcript
- Defendant-Appellant's Reply Brief
- Defendant-Appellant's Motion to Remand with Brief in Support
- Defendant-Appellant's Motion to Expedite Appeal
- Defendant-Appellee's Brief on Appeal
- Defendant-Appellant's Motion for Peremptory Reversal
- Defendant-Appellant's Application for Leave to Appeal in case with no appeal of right (guilty plea)
- Defendant-Appellant's Application for Leave to Appeal where parole was reversed by Circuit Court
- Response to Prosecutor's Delayed Application for Leave to Appeal
Michigan Supreme Court
- Application for Leave to Appeal
- Response in Opposition to Prosecutor's Application for Leave to Appeal
- Appellant's Brief on Appeal
- Appellee's Brief on Appeal
Federal Court Pleadings
- Petition for Writ of Habeas Corpus and Memorandum of Law in Support (United States District Court)
- Appellant's Brief on Appeal (United States Court of Appeals for the Sixth Circuit)
- Appellee's Brief on Appeal (United States Court of Appeals for the Sixth Circuit)
- Petition for Certiorari (United States Supreme Court)
- Brief in Opposition to Petition for Certiorari (United States Supreme Court)
- Respondent's Brief on Appeal (Merits case, United States Supreme Court)
