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RULE 7-109. RECORD--CONTENTS AND FORM

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 7-109
RULE 7-109. RECORD--CONTENTS AND FORM
(a) Contents of Record. The record on appeal shall include (1) a certified copy of the docket entries in the District Court, (2) a transcript, if required by Rule 7-113, and (3) all original papers filed in the action in the District Court except a supersedeas bond or alternative security and those other items that the parties stipulate may be omitted. The clerk of the District Court shall append a certificate clearly identifying the papers included in the record. The District Court may order that the original papers in the action be kept in the District Court pending the appeal, in which case the clerk of the District Court shall transmit only a certified copy of the original papers.
(b) Statement of Case in Lieu of Entire Record. If the parties agree that the questions presented by an appeal can be determined without an examination of the entire record or a trial de novo, as the case may be, they may sign and, upon approval by the District Court, file with the clerk of the District Court a statement showing how the questions arose and were decided, and setting forth only those facts or allegations that are essential to a decision of the questions. The parties are strongly encouraged to agree to such a statement. The statement, the judgment from which the appeal is taken, and any opinion of the District Court shall constitute the record on appeal. The circuit court may, however, direct the District Court clerk to transmit all or part of the balance of the record in the District Court as a supplement to the record on appeal.
(c) Duties of District Court Clerk. The clerk shall prepare and attach to the beginning of the record a certified copy of the docket entries in the District Court. The original papers shall be fastened together in one or more file jackets and numbered consecutively, except that the pages of a transcript of testimony need not be renumbered. The clerk shall also prepare and transmit with the record a statement of the costs of preparing and certifying the record, the costs taxed against each party prior to the transmission of the record, and the costs of all transcripts and of copies, if any, of the transcripts for each of the parties. The clerk shall serve a copy of the docket entries on each party.
(d) Correction of Record. On motion or on its own initiative, the circuit court may order that an error or omission in the record be corrected.
(e) Return of Record to District Court Pending Appeal. Upon a determination that the record needs to be returned to the District Court because of a proceeding pending in that court, the circuit court may order that the record be so returned, subject to the conditions stated in the order.
Source: This Rule is derived from former Rules 1326 and 1327.

Credits

[Adopted March 30, 1993, eff. July 1, 1993.]

Editors' Notes

HISTORICAL NOTES
Derivation:
Maryland Rule of Procedure 1326, adopted June 28, 1971, eff. July 5, 1971, related to the record on appeal, rescinded March 30, 1993, eff. July 1, 1993.
Maryland Rule of Procedure 1327, adopted June 28, 1971, eff. July 5, 1971, related to corrections to the record, rescinded March 30, 1993, eff. July 1, 1993.
MD Rules, Rule 7-109, MD R CIR CT Rule 7-109
Current with amendments received through September 15, 2018.
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