Filing an Appeal in the Appellate Court of Maryland

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General Information

The Appellate Court of Maryland is Maryland’s intermediate appellate court. This Court reviews a trial court’s decisions and actions. If you disagree with the decision of a trial court (e.g., circuit court, District Court, Orphans’ Court), then you may have the option of filing an appeal with the Appellate Court.

Filing an appeal with the Appellate Court can be complex. This article provides briefly summarizes the process for appealing a civil case from the circuit court to the Appellate Court. Be aware that certain decisions from the District Court and the Orphans’ Court can also be appealed to the Appellate Court. However, if you have already appealed your case from the District Court to the circuit court, then the next potential step is an appeal with the Supreme Court of Maryland, not the Appellate Court. Learn more about filing an appeal with the Supreme Court.

The appeals process (or appellate process) takes time and expense and usually involves complex legal arguments (rather than presenting evidence). Generally, in an appeal, you are presenting legal arguments to justify why you believe you should have won your case. You will not provide evidence again to the court. The appellate courts make decision based your legal arguments and the evidence you presented in your original case. The Appellate Court’s A Guide for Self-Representation provides detailed information about the Appellate Court process, including sample documents.

The specific facts and circumstances of your situation will determine what options are available to you. Also, while there are similarities for criminal cases, there are also important differences. Consider your situation and re-evaluate your case before choosing to appeal. If you handled your own case before, consider finding an attorney for the appeal or consulting with an attorney to determine whether the appeal is worth your time and energy. If you do handle your own appeal, expect to devote a significant amount of time to the appeal, including time for legal research.

 

Direct Appeal versus Application for Leave to Appeal

A direct appeal means that a party that disagrees with the lower court’s decision has the right to appellate review by the Appellate Court (so long as they comply with the deadlines and other requirements).

Notice of an Appeal - For direct appeals, the party filing the appeal (the “appellant”) must file a Notice of Appeal in the circuit court (or the court where the case was decided), serve the other party, and pay the accompanying fee. The appellant must pay a filing fee to the Appellate Court as well. The appellant must file the notice within 30 days of the entry of the judgment.

Read the Rule: Md. Rule 8-201; 8-202

Application for Leave to Appeal - There are situations where there is no direct right of appeal, meaning that a party must ask the Court to grant them the right to appellate review by the Appellate Court. This includes:

  • a case where the defendant pleads guilty (or enters an Alford plea) to a crime;
  • a case involving the revocation of probation;
  • an inmate grievance matter;
  • a post-conviction case;
  • a case involving victims’ rights;
  • a case involving an individual committed as not criminally responsible by reason of insanity or as incompetent to stand trial, who is seeking review of a decision related to continued commitment, conditional release, or discharge; or
  • an order of the court related to bail.

An application for leave to appeal is filed with the circuit court where the case was decided, generally within 30 days after the circuit court’s final judgment or order was entered on the court’s docket. Different matters may have different deadlines (e.g., 10 days in a habeas corpus case). Review the Maryland Rules very carefully.

Read the Rule: Md. Rule 8-204

It’s very important to determine whether you have the right of a direct appeal or whether you must ask the Court for permission by filing an application for leave to appeal. If you do not select the correct option, you risk losing your ability to appeal.

For more detailed guidance on filing the Notice of an Appeal or the Application for Leave to Appeal, please review the Appellate Court’s Guide.

 

Process Overview

For direct appeals for civil cases from the circuit court, the general procedure is:

  • File the Notice of Appeal with the circuit court (or appropriate lower court) within 30 days after the entry of the lower court’s judgment or order. The 30-day deadline applies to most, but not all cases. There is no fill-in-the-blank court form for the Notice of Appeal. However, samples are available. Also, serve a copy of the Notice of Appeal on the other parties. Read the Rule: Md. Rule 8-202
  • Order transcripts from the circuit court reporter. Transcripts can be expensive. Even if you are awarded a waiver of prepayment costs, the Court cannot waive the cost of preparing a transcript from the circuit court. However, the Court can grant a waiver for transcripts from the District Court. Read the Rule: Md. Rule 8-411
     
  • Make sure the record is transmitted from the lower court to the Appellate Court. While it’s the lower court that actually transmits the record, it is your responsibility to make sure it’s complete and that the clerk meets the deadlines. If more time is needed, you may be able to request that the Court extend the deadline, but you must request the extension before the deadline for transmitting the record. Read the Rule: Md. Rule 8-412
     
  • Prepare the record extract. A record extract consists of copies of the court papers in the record (e.g., circuit court docket entries, judgment or order that’s the source of the appeal, transcripts, exhibits that are necessary for the Court to review, etc.). Note that the record extract is not required for certain types of cases. Read the Rule: Md. Rule 8-501
     
  • Consider creating an agreed-upon statement of the case. This may streamline the appeals process for all parties. Read the Rule: Md. Rule 8-413
     
  • The Court may order a pre-hearing or scheduling conference to set the dates for filings and address other matters. Be sure to participate. Review the court order very carefully. Take particular notice of deadlines. Read the Rule: Md. Rule 8-206
     
  • Prepare and file your briefs. There are very specific rules and deadlines for preparing and filing briefs. You will also need to serve the other party with a copy of your briefs. Read the Rules: Md. Rules 8-112; 8-502; 8-503; 8-504; 8-505
     
  • The Court may order the parties to participate in mediation. Mediation is an opportunity for the parties to resolve the issues themselves, as opposed to the Court deciding the outcome. Mediation can help parties avoid the time and expense of the appellate process. Read the Rule: Md. Rule 8-206
     
  • The clerk’s office will schedule your appeal for oral arguments or place it on the summary calendar.
     

    • During oral arguments, you present your legal arguments to the judges. The judges may also ask you questions. There are very specific time limits for the oral arguments. Oral arguments are not the same thing as a new trial. You cannot present new evidence. Also, the judges will not provide a decision at the end of oral arguments.
       
    • If your appeal is placed on the summary calendar, then the judges will review your appeal without hearing oral arguments from the parties. This means that the judges’ decision will be based only on the parties' briefs and applicable law.
       
  • Following the oral arguments, the Court will issue an opinion. The opinion is a written decision that states the Court’s decision and why they reached that decision. There is no specific time frame for when the opinion will be released. It takes some time for judges to consider the case properly and to write an opinion, so the parties may not know the outcome immediately.
     
  • Generally, 30 days after the opinion is filed, the Court will issue a statement of their decision. This is the mandate and is the Court’s final judgment.

For more detailed guidance on the steps listed above, please review the Appellate Court’s Guide.

Deadlines - Be aware of deadlines. If you miss a deadline, you may lose your ability to appeal. For example, if you do not file your Notice of Appeal on time, the Court cannot extend the time for you to comply with this requirement.

Read the Rule: Md. Rule 1-204

Expedited Appeals - There are certain types of cases (e.g., adoption, guardianship, child access, children in need of assistance, special immigrant juvenile status) where an expedited (fast) appeal may apply. If this is the case for your situation, be sure to include that information in the information report. Be aware that expedited appeals have different deadlines.

Read the Rule: Md. Rule 8-207

Application for Leave to Appeal - There are specific types of cases where you do not have the right of direct appeal and you must file an application for leave to appeal. Generally, you file the application with the clerk of the court where the case was decided within 30 days after the lower court’s final order or judgment. However, time frames can vary. You must serve a copy on the other party as well as pay the filing fees. Note that there are two filing fees. The other party may, but does not have to, file a response to your application for leave to appeal. There are additional requirements -- be sure to review the Maryland Rules very carefully. Also, for more detailed guidance, please review the Appellate Court’s Guide.

Read the Rule: Md. Rule 8-204

 

Filing Fees

If you choose to appeal your case and believe you cannot afford to pay the costs of filing for an appeal, you can request the requirement that these costs be prepaid be waived.

Remember, if your request is approved, the waiver only removes the requirement to pay the costs of filing for an appeal upfront. You may still have to the pay the court fees at the end of the appeal, unless the court orders the other party to pay those fees and costs. Note, there is a process of asking the court for a final waiver of costs at the end of the case. Learn more about filing fee waivers.

 Can't Afford Appellate Costs? from the Maryland Courts

 

Formal and Informal Briefs

Formal Briefs - An appellate brief presents the formal legal arguments that state why the appellant should not have lost the case in circuit court or other lower court. There are many rules that define how a party should write the brief, the time for filing the brief, and how many copies the Court requires. Read the Maryland Rules very carefully. If possible, review samples to get an idea of what the brief is supposed to look like. Preparing your brief will likely involve extensive legal research and writing. Make sure you allocate enough time to complete the brief by the deadlines set by the Maryland Rules and the Court.

The appellee (the person against whom the appeal is filed) must also file a brief in response to the appellant's brief. You may have the option to write a reply brief in response to the appellee’s brief.

Read the Rules: Md. Rules 8-112; 8-502; 8-503; 8-504; 8-505

Informal Briefs - Informal briefing is permitted for appeals by:

  • self-represented incarcerated individuals;
  • self-represented parties in foreclosure actions; and
  • self-represented parties in family cases (e.g., custody, visitation, child support, alimony, marital property, and domestic violence).

You would submit the informal brief instead of a formal brief and record extract. These informal briefs are not subject to the same technical rules as formal briefs. The Appellate Court of Maryland has guidelines for informal briefs and forms that may be helpful to review.

You must still comply with the service requirements for informal briefs.

Read the Rule: Md. Rule 8-502

Read the Administrative Order: Administrative Order dated March 9, 2021

 

What if you disagree with the Appellate Court's decision?

If you disagree with the Appellate Court's decision in your appeal, consider the following two options.

Motion for Reconsideration - You can file motion for reconsideration before the Appellate Court issues a mandate or within 30 days after the filing of the Court’s opinion, whichever comes first. If you plan on filing a motion for reconsideration, review the Maryland Rules very carefully as there are very strict criteria for what may be included in the motion and how to submit the motion.

Read the Rule: Md. Rule 8-605

Petition the Court of Appeals for a Writ of Certiorari - You generally do not have the right for the Supreme Court to hear your appeal. However, you can ask the Supreme Court for permission to appeal the Appellate Court's decision. Learn more about filing an appeal with the Supreme Court.
 

 

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