How can I appeal the circuit court's decision?
The Appeal Process can become quite complex and you should read the rules in order to evaluate your ability to manage the process with or without legal advice or counsel. Only those who are parties to a case can appeal. The party seeking to appeal must have been adversely affected by the judgment (ruling). A party cannot appeal from a judgment in his favor unless the ruling didn't grant all the relief sought. Cases originating in the Circuit Court are appealed to the Court of Special Appeals, the highest court. The Court of Appeals has the discretion to determine which cases it will or will not hear. Once the Court of Appeals decides or declines to review a case, there is no further review within the state court system. Review by a federal court may be available.
The appellant must first file a Notice of Appeal in a timely manner (generally, unless otherwise provided in the Rules or by law, within 30 days of the entry of the judgment or Order being appealed), pay the appropriate fees, order a transcript from the court reporter and pay for the transcript. The appellant may be required to post a supersedeas bond, as well.
Within 10 days after filing the Notice of Appeal with the appropriate circuit court, the appellant must also file a Civil Appeal Information form with the Clerk of the Court for the Court of Special Appeals. The process also involves preparing briefs, record extracts, and requires following specific requirements, time lines and rules for the submission of the material. The rules that govern this very detailed procedure begin with Maryland Rule 8-501.
The office of the Clerk of the Circuit Court is committed to serving the citizens of Maryland. Every effort is made to provide accurate information and assistance regarding matters that are important to you. Please be advised, however, that we are prohibited by law from rendering legal advice.
Responses to these frequently asked questions should not be considered legal advice and may not be applicable to your individual circumstances. Our intent is only to offer you procedural information, refererences to potential applicable Rules or Statutes, and to possibly provide you with knowledge regarding additional sources where legal information can be found.
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Notice: These questions represent some of those most frequently asked to the Calvert County Circuit Court Clerk's Office. For questions regarding matters in other circuit courts, please contact that court directly. For District Court or Traffic matters, please see the information located on the Judiciary website: www.mdcourts.gov - click on District Court or contact your local District Court.
For legal advice, you must consult an attorney.