Rule 3.722.Appeals
Subchapter 3.700 — Personal Protection and Extreme Risk Protection Proceedings · Last verified September 5, 2026
Full Text of Rule 3.722
Plain-English Summary
MCR 3.722 sorts extreme risk protection appeals into two channels. Subrule (A) starts by adopting the general appellate rules: except as this rule provides, appeals involving an extreme risk protection order must comply with subchapter 7.200. The rest of MCR 3.722 identifies the narrow set of orders that carry an appeal of right.
Appeals of right
Subrule (B)(1) gives either party an appeal of right from two categories:
- an order granting, denying, or continuing an extreme risk protection order after a hearing under MCR 3.718(D); and
- an order granting or denying an extended extreme risk protection order after a hearing under MCR 3.720(B).
Both categories share a feature worth noticing. Each is tied to an order entered after a hearing. The rule attaches the appeal of right to the point in the case where both sides had their chance to appear, put on evidence, and be heard, and where the court had to state its reasons.
Everything else
Subrule (B)(2) is short and consequential: appeals of all other orders are by leave to appeal. That routing sweeps in the orders a case may generate outside a hearing under MCR 3.718(D) or MCR 3.720(B). An appellant in that position asks the appellate court for permission rather than filing as of right.
Contempt appeals
Subrule (C) addresses the enforcement side. The respondent has an appeal of right from a judgment of sentence for criminal contempt entered after a contested hearing. Three limits are packed into that sentence. The appeal belongs to the respondent, not to either party. It runs from a judgment of sentence for criminal contempt, not from every contempt outcome. And the judgment must have been entered after a contested hearing, which is the only setting subrule (C) names.
Read alongside the rest of the subchapter, MCR 3.722 shows a pattern. The rules move quickly at the front end, with orders issued without notice and hearings measured in days, and they place the appeal of right at the moments when a full hearing has already happened. For the rest, subchapter 7.200 and the leave process supply the route.
Frequently Asked Questions
Which extreme risk protection orders can be appealed as of right?
How are other orders in an extreme risk protection case appealed?
Subrule (B)(2) states that appeals of all other orders are by leave to appeal.
Can a respondent appeal a contempt finding?
Subrule (C) gives the respondent an appeal of right from a judgment of sentence for criminal contempt entered after a contested hearing.
Which appellate rules apply to an extreme risk protection appeal?
Subrule (A) states that except as provided by this rule, appeals involving an extreme risk protection order must comply with subchapter 7.200.
Does the petitioner have the same appeal rights as the respondent?
Under subrule (B)(1), either party has an appeal of right from the two categories of orders it lists. The appeal of right in subrule (C), from a judgment of sentence for criminal contempt after a contested hearing, belongs to the respondent.