Home Table of Contents

RULE 7-102. MODES OF APPEAL

West's Annotated Code of MarylandMaryland Rules

West's Annotated Code of Maryland
Maryland Rules
Title 7. Appellate and Other Judicial Review in Circuit Court
Chapter 100. Appeals from the District Court to the Circuit Court
MD Rules, Rule 7-102
RULE 7-102. MODES OF APPEAL
Currentness
(a) De Novo. Except as provided in section (b) of this Rule, an appeal shall be tried de novo in all civil and criminal actions.
Cross reference: For examples of appeals to the circuit court that are tried de novo, see Code, Courts Article, § 12-401 (f), concerning a criminal action in which sentence has been imposed or suspended following a plea of guilty or nolo contendere and an appeal in a municipal infraction or Code violation case; Code, Courts Article, § 3-1506, concerning an appeal from the grant or denial of a petition seeking a peace order; and Code, Family Law Article, § 4-507, concerning an appeal from the grant or denial of a petition seeking relief from abuse.
(b) On the Record. An appeal shall be heard on the record made in the District Court in the following cases:
(1) a civil action in which the amount in controversy exceeds $5,000 exclusive of interest, costs, and attorney's fees if attorney's fees are recoverable by law or contract;
(2) any matter arising under § 4-401 (7)(ii) of the Courts Article;
(3) any civil or criminal action in which the parties so agree;
(4) an appeal from an order or judgment of direct criminal contempt if the sentence imposed by the District Court was less than 90 days' imprisonment; and
(5) an appeal by the State from a judgment quashing or dismissing a charging document or granting a motion to dismiss in a criminal case.
Source: This Rule is new but is derived in part from Code, Courts Article, § 12-401 (b), (c), and (f).

Credits

[Adopted March 30, 1993, eff. July 1, 1993. Amended Jan. 10, 1995, eff. Feb. 1, 1995; March 5, 2001, eff. July 1, 2001; April 5, 2005, eff. July 1, 2005.]
MD Rules, Rule 7-102, MD R CIR CT Rule 7-102
Current with amendments received through November 15, 2020.
End of Document© 2021 Thomson Reuters. No claim to original U.S. Government Works.