The Maryland Appeals Process
When a litigant wins or loses a case, trial, or hearing, the first question an attorney often hears is: Can we/they appeal the decision? Maryland appeals must follow certain rules and statutes which govern when and how a case can be appealed. To address this question, this article will outline the basic stages for appealing a judgment in the State of Maryland.
Most legal matters in the State of Maryland are first addressed in the Maryland District Court or Maryland Circuit Court. Some legal matters in the State of Maryland start in an administrative agency action stemming from a quasi-judicial adjudicatory proceeding, such as the Maryland Tax Court and the Office of Administrative Hearings. This article will address appeals within the Maryland Court System. Some Maryland appeals, once they reach their final disposition in Maryland, can also be appealed to the United States Supreme Court.
Actions Beginning in the Maryland District Court
If a legal matter was initially addressed in the Maryland District Court, a litigant generally has the right to appeal that decision directly to the Maryland Circuit Court. Depending on the circumstances in the case, this type of Maryland Appeal (Appeal to the Circuit Court) can either be a trial de novo (the entire trial occurs again) or on the record (the Circuit Court reviews the record and provides an opinion). The sides are permitted to submit briefs to the Circuit Court and an oral argument usually occurs with a judge from the Circuit Court hearing the parties’ arguments. Once the Circuit Court has reached a decision on the case, a litigant may petition the Maryland Court of Appeals to review the decision of the Circuit Court, but the Maryland Court of Appeals is not required to hear the second appeal. If a litigant desires to appeal an appellate decision of the Maryland Circuit Court, the litigant will need to petition the Maryland Court of Appeals for a writ of certiorari (request for the Court of Appeals to hear the appeal).
Actions Beginning in the Maryland Circuit Court
If a legal matter was initially addressed in the Maryland Circuit Court, a litigant has the right to appeal that decision directly to the Maryland Court of Special Appeal. This type of Maryland Appeal (Appeal to the Court of Special Appeals) is exclusively on the record (the Court of Special Appeals reviews the record and provides an opinion). The sides are permitted to submit briefs to the Court of Special Appeals (as well as an extract of the Circuit Court record) and an oral argument generally occurs before a three-judge panel from the Court of Special Appeals hearing the parties’ oral arguments. Once the Court of Special Appeals has reached a decision on the case, a litigant may petition the Maryland Court of Appeals to review the decision of the Circuit Court, but the Maryland Court of Appeals is not required to hear the second appeal. If a litigant wants to appeal the decision of the Maryland Court of Special Appeals, the litigant will need to petition the Maryland Court of Appeals for a writ of certiorari (request for the Court of Appeals to hear the appeal).
Actions Beginning in an Administrative Proceeding
If a legal matter was initially addressed one of Maryland’s quasi-judicial adjudicatory proceedings (such as the Maryland Tax Court and the Office of Administrative Hearings), a litigant has the right to request a “judicial review” of that administrative decision to the Circuit Court. This type of Maryland Appeal (Judicial Review to the Circuit Court) is exclusively on the record (the Circuit Court reviews the record and provides an opinion). The sides are permitted to submit briefs to the Circuit Court and an judicial review argument generally occurs before a Circuit Court judge. Once the Circuit Court has reached a decision on the case, a litigant has the right to seek an appeal of the Circuit Court judicial review opinion to the Maryland Court of Special Appeals to review the decision of the Circuit Court. Unlike in the other two types of Maryland appeals, here (because the Circuit Court was the first true Maryland Court to hear the matter), a litigant is entitled to an appeal of the Judicial Review decision of the Circuit Court to the Maryland Court of Special Appeals. This Court of Special Appeals review will also be exclusively on the record (the Court of Special Appeals reviews the record and provides an opinion). The sides are, once again, permitted to submit briefs to the Court of Special Appeals and an oral argument usually occurs before a three-judge panel from the Court of Special Appeals hearing the parties’ oral arguments. Then, if a litigant wants to appeal this decision of the Maryland Court of Special Appeals, the litigant will be required to petition the Maryland Court of Appeals for a writ of certiorari (request for the Court of Appeals to hear the appeal).
Often litigants face a difficult decision as to whether to appeal a legal decision. Cost, timing, and likelihood of success should all be factors in deciding whether to submit a Maryland appeal. However, with a clear view of the Maryland appeals process, such a decision to appeal can be made more transparent.
Longman & Van Grack’s Maryland appellate attorneys consists of lawyers who have not only handled appeals in all of Maryland’s appellate courts but also lawyers who have served as judicial law clerks in various courts. Thus, our lawyers are very familiar with the Maryland appellate rules, procedure, and advocacy. If you would like to discuss a Maryland appeals with our attorneys, call Longman & Van Grack’s appellate attorneys today at (301) 291-5027 to schedule a consultation in our Bethesda, Maryland or Rockville, Maryland offices. You can also reach the head of our Appellate Practice, Adam Van Grack, directly at (301) 291-7156.
