Opinion
ADM File No. 2006-02.
March 28, 2006.
Amendment to Order
On order of the Court, the order of February 23, 2006 is amended to correct a clerical error, effective May 1, 2006. MCR 7.205(F)(4) is amended as follows:
ICLE Editor's Note:
[Italicized, bracketed text] indicates text that has been deleted.
Bold text indicates new text.
Rule 7.205 Application for Leave to Appeal
(F) Late Appeal.
(1)-(3) [Unchanged.]
(4) The limitation provided in subrule (F)(3) does not apply to an application for leave to appeal by a criminal defendant if the defendant files an application for leave to appeal within 21 days after the trial court decides a motion for a new trial, for [judgment] directed verdict of acquittal, to withdraw a plea, or [for resentencing] to correct an invalid sentence, if the motion was filed within the [12] 6-month period prescribed in MCR 6.310(C), MCR 6.419(B), MCR 6.429(B), and MCR 6.431(A) , or if
(a)-(b) [Unchanged.]
(c) the application for leave to appeal is filed in accordance with the provisions of this rule within 42 days after the filing of the transcript. If the transcript was filed before the order appointing or denying the appointment of counsel, the 42-day period runs from the date of that order.
A defendant who seeks to rely on one of the exceptions in subrule (F)(4) must file with the application for leave to appeal an affidavit stating the relevant docket entries, a copy of the register of actions of the lower court, tribunal, or agency, or other documentation showing that the application is filed within the time allowed.
Staff Comment: The amendment corrects the opening sentence of subrule (F)(4).
The staff comment is not an authoritative construction by the Court.