Home Table of Contents

RULE 7-104. NOTICE OF APPEAL--TIMES FOR FILING

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 7-104
RULE 7-104. 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.
Cross reference: For shorter appeal times provided by statute, see Code, Real Property Article, §§ 8-332, 8-401, 8-402, 8-402.1, 8A-1701, 8A-1702, 8A-1703, 14-109, and 14-120.
(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 3-533 or Rule 3-534, 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 3-533 or disposing of a motion pursuant to Rule 3-534. A notice of appeal filed before the withdrawal or disposition of either of these motions does not deprive the District Court of jurisdiction to dispose of the motion.
Committee note: A motion filed pursuant to Rule 3-535, if filed within ten days after entry of judgment, will have the same effect as a motion filed pursuant to Rule 3-534, for purposes of this Rule. Unnamed Attorney v. Attorney Grievance Commission, 303 Md. 473, 494 A.2d 940 (1985); Sieck v. Sieck, 66 Md.App. 37, 502 A.2d 528 (1986).
(d) Appeals by Other Party--Within Ten Days. If one party files a timely notice of appeal, any other party may file a notice of appeal within ten days after the date on which the first notice of appeal was filed or within any longer time otherwise allowed by this Rule.
(e) Date of Entry. “Entry” as used in this Rule occurs on the day when the District Court enters a record on the docket of the electronic case management system used by that court.

Credits

[Adopted March 30, 1993, eff. July 1, 1993. Amended March 2, 2015, eff. July 1, 2015.]

Editors' Notes

HISTORICAL NOTES
Derivation:
Maryland Rule of Procedure 1312, adopted June 28, 1971, eff. July 5, 1971, amended April 6, 1984, eff. July 1, 1984; Nov. 20, 1984, eff. Jan. 1, 1985, related to the time for filing appeals, rescinded March 30, 1993, eff. July 1, 1993.
2015 Orders
The March 2, 2015 order revised section (e).
MD Rules, Rule 7-104, MD R CIR CT Rule 7-104
Current with amendments received through September 15, 2018.
End of Document© 2018 Thomson Reuters. No claim to original U.S. Government Works.