RULE 8-202. NOTICE OF APPEAL -- TIMES FOR FILING
West's Annotated Code of MarylandMaryland RulesEffective: July 1, 2023
Effective: July 1, 2023
MD Rules, Rule 8-202
RULE 8-202. NOTICE OF APPEAL -- TIMES FOR FILING
(a) Generally. Except as otherwise provided in this Rule or by law, the notice of appeal shall be filed within 30 days after entry of the judgment or order from which the appeal is taken. In this Rule, “judgment” includes a verdict or decision of a circuit court to which issues have been sent from an Orphans' Court.
Cross reference: See Code, Courts Article, § 12-302(c)(4) pertaining to the State's right to appeal a decision of the trial court in certain circumstances.
(b) Criminal Action--Motion for New Trial. In a criminal action, when a timely motion for a new trial is filed pursuant to Rule 4-331 (a), the notice of appeal shall be filed within 30 days after the later of (1) entry of the judgment or (2) entry of a notice withdrawing the motion or an order denying the motion.
(c) Civil Action--Post-Judgment Motions. In a civil action, when a timely motion is filed pursuant to Rule 2-532, 2-533, 2-534, or 11-218, the notice of appeal shall be filed within 30 days after entry of (1) a notice withdrawing the motion or (2) an order denying a motion pursuant to Rule 2-533 or disposing of a motion pursuant to Rule 2-532, 2-534, or 11-218. A notice of appeal filed before the withdrawal or disposition of any of these motions does not deprive the trial court of jurisdiction to dispose of the motion. If a notice of appeal is filed and thereafter a party files a timely motion pursuant to Rule 2-532, 2-533, 2-534, or 11-218, the notice of appeal shall be treated as filed on the same day as, but after, the entry of a notice withdrawing the motion or an order disposing of it.
Committee note: A motion filed pursuant to Rule 2-535, if filed within ten days after entry of judgment, will have the same effect as a motion filed pursuant to Rule 2-534, for purposes of this Rule. Unnamed Att'y v. Attorney Grievance Comm'n, 303 Md. 473, 494 A.2d 940 (1985); Sieck v. Sieck, 66 Md.App. 37, 502 A.2d 528 (1986).
(d) When Notice for in Banc Review Filed. A party who files a timely notice for in banc review pursuant to Rule 2-551 or 4-352 may file a notice of appeal provided that (1) the notice of appeal is filed within 30 days after entry of the judgment or order from which the appeal is taken and (2) the notice for in banc review has been withdrawn before the notice of appeal is filed and prior to any hearing before or decision by the in banc court. A notice of appeal by any other party shall be filed within 30 days after entry of a notice withdrawing the request for in banc review or an order disposing of it. Any earlier notice of appeal by that other party does not deprive the in banc court of jurisdiction to conduct the in banc review.
Credits
[Adopted Nov. 19, 1987, eff. July 1, 1988. Amended Oct. 31, 2002, eff. Jan. 1, 2003; March 2, 2015, eff. July 1, 2015; Nov. 9, 2021, eff. Jan. 1, 2022; Sept. 3, 2022, eff. Jan. 1, 2023; April 1, 2023, eff. July 1, 2023.]
MD Rules, Rule 8-202, MD R A CT AND SPEC A Rule 8-202
Current with amendments received through February 1, 2024. Some sections may be more current, see credits for details.
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