RULE 1-325.1. WAIVER OF PREPAID APPELLATE COSTS IN CIVIL ACTIONS
West's Annotated Code of MarylandMaryland RulesEffective: April 1, 2023
Effective: April 1, 2023
MD Rules, Rule 1-325.1
RULE 1-325.1. WAIVER OF PREPAID APPELLATE COSTS IN CIVIL ACTIONS
(a) Scope. This Rule applies (1) to an appeal from an order or judgment of the District Court or an orphans' court to a circuit court in a civil action, and (2) to an appeal as defined in subsection (b)(1) of this Rule seeking review in the Supreme Court or the Appellate Court of an order or judgment of a lower court in a civil action.
Cross reference: See the schedule of appellate court fees following Code, Courts Article, § 7-102 and the schedule of circuit court fees following Code, Courts Article, § 7-202.
(E) both fees shall be waived if (i) the appellant received a waiver of prepaid costs under Rule 1-325 (d) and will be represented in the appeal by an eligible attorney under that section, (ii) the attorney certifies that the appellant remains eligible for representation in accordance with Rule 1-325 (d), and (iii) except for an attorney employed or appointed by the Office of the Public Defender in a civil action in which that Office is required by statute to represent the party, the attorney further certifies that to the best of the attorney's knowledge, information, and belief there is good ground to support the appeal and it is not interposed for any improper purpose or delay; and
(F) if the appellant received a waiver of prepaid costs under Rule 1-325(e), the lower court and appellate court may rely on a supplemental affidavit of the appellant attesting that the information supplied in the affidavit provided under Rule 1-325(e) remains accurate and that there has been no material change in the appellant's financial condition or circumstances.
(A) If an appellant requests the waiver of the prepaid costs in both the lower and appellate courts, the lower court, within five days after the filing of the request, shall act on the request for waiver of its prepaid cost and transmit to the appellate court the request for waiver of the appellate court prepaid cost, together with a copy of the request and order regarding the waiver of the lower court prepaid cost.
(C) If either court denies, in whole or in part, a request for the waiver of its prepaid cost, it shall permit the appellant, within 10 days, to pay the unwaived prepaid cost. If, within that time, the appellant pays the full amount of the unwaived prepaid cost, the appeal shall be deemed to have been filed on the day the request for waiver was filed in the lower court or, as to a petition for certiorari or other extraordinary relief, in the Supreme Court. If the unwaived prepaid costs are not paid in full within the time allowed, the court shall enter an order dismissing the appeal.
Source: This Rule is new.
Credits
[Adopted March 2, 2015, eff. July 1, 2015; Dec. 13, 2016, eff. April 1, 2017. Amended April 21, 2023, eff. nunc pro tunc April 1, 2023.]
MD Rules, Rule 1-325.1, MD R GEN Rule 1-325.1
Current with amendments received through February 1, 2024. Some sections may be more current, see credits for details.
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