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RULE 7-113. APPEALS HEARD ON THE RECORD

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 7-113
RULE 7-113. APPEALS HEARD ON THE RECORD
(a) Scope. This Rule applies only to appeals heard on the record of the District Court.
(b) Filing of Transcript.
(1) Unless a copy of the transcript is already on file, the appellant, within 10 days after the date the first notice of appeal is filed, shall order in writing from the clerk of the District Court a transcript containing:
(A) a transcription of (i) all the testimony or (ii) that part of the testimony that the parties agree, by written stipulation filed with the clerk of the District Court, is necessary for the appeal; and
(B) a transcription of any other proceeding relevant to the appeal that was recorded pursuant to Rule 16-502.
(2) The clerk of the District Court shall cause the original transcript to be filed promptly for inclusion in the record, and shall advise the appellant when the transcript has been filed. The appellant shall promptly serve a copy on the appellee.
(c) Notice by Clerk. Upon the filing of the record, the clerk of the circuit court shall enter the appeal on the docket and shall send to the parties a notice stating the date the appeal was entered on the docket and the assigned docket reference. The notice shall also advise the appellant that a memorandum complying with Rule 7-113 must be filed within 30 days after the date the appeal was entered on the docket.
(d) Memorandum and Response.
(1) The appellant shall file a memorandum in opposition to the decision of the District Court within 30 days after the date the appeal was entered on the docket or as otherwise ordered by the court. The appellee may file a response within 15 days after service of the appellant's memorandum, but in no event later than five days before the date of argument, if argument has been scheduled.
(2) In addition to otherwise complying with Rule 1-301, a memorandum or response shall be typewritten or printed, shall be double spaced, and shall not exceed ten pages in length. The appellant's memorandum shall contain (A) a statement of the questions presented for review, (B) a concise statement of the facts material to a determination of the questions presented, and (C) argument in support of the appellant's position, stating the grounds for the relief sought and the authorities in support of each ground. The appellee's response shall contain argument in support of the decision of the District Court, stating the grounds for affirmance and the authorities in support of each ground.
(3) If an appellant fails to file a memorandum within the time prescribed by this Rule, the circuit court may dismiss the appeal if it finds that the failure to file or the late filing caused prejudice to the moving party. An appellee who fails to file a memorandum within the time prescribed by this Rule may not present argument except with the permission of the court.
(e) Oral Argument. A party desiring oral argument shall request it in the memorandum or response under the heading “Request for Oral Argument”. Unless oral argument is requested by a party or ordered by the circuit court, the appeal shall be decided without oral argument.
(f) Scope of Review. The circuit court will review the case on both the law and the evidence. It will not set aside the judgment of the District Court on the evidence unless clearly erroneous, and will give due regard to the opportunity of the District Court to judge the credibility of the witnesses.
(g) Disposition.
(1) As to each party to an appeal, the circuit court shall by order dispose of an appeal in one of the following ways:
(A) dismiss the appeal pursuant to Rule 7-114;
(B) affirm the judgment;
(C) vacate or reverse the judgment;
(D) modify the judgment;
(E) remand the action in accordance with subsection (2) of this section; or
(F) an appropriate combination of the above.
(2) If the circuit court concludes that the substantial merits of a case will not be determined by affirming, reversing, or modifying the judgment, or that justice will be served by permitting further proceedings, the court may remand the case to the District Court. In the order remanding a case, the circuit court shall state the purpose for the remand. The order of remand and the opinion upon which the order is based are conclusive as to the points decided. Upon remand, the District Court shall conduct any further proceedings necessary to determine the action in accordance with the opinion and order of the circuit court.
(h) Opinion. In every appeal, the circuit court shall render a concise opinion, which shall be reduced to writing and filed with the clerk.
Source: This Rule is in part derived from former Rules 1326 d 2, 1330, 1345, 1386, 1370, and 1392 and in part new.

Credits

[Adopted March 30, 1993, eff. July 1, 1993. Amended June 5, 1996, eff. Jan. 1, 1997; June 6, 2016, eff. July 1, 2016.]

Editors' Notes

HISTORICAL NOTES
2016 Orders
The June 6, 2016, order revised an internal reference in the Rule.
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 1330, adopted June 28, 1971, eff. July 5, 1971, related to memoranda in cases decided on the record, rescinded March 30, 1993, eff. July 1, 1993.
Maryland Rule of Procedure 1345, adopted June 28, 1971, eff. July 5, 1971, related to argument, rescinded March 30, 1993, eff. July 1, 1993.
Maryland Rule of Procedure 1370, adopted June 28, 1971, eff. July 5, 1971, amended June 16, 1975, eff. July 1, 1975, related to disposition by the appellate court in cases decided on the record, rescinded March 30, 1993, eff. July 1, 1993.
Maryland Rule of Procedure 1386, adopted June 28, 1971, eff. July 5, 1971, related to the scope of review, rescinded March 30, 1993, eff. July 1, 1993.
Maryland Rule of Procedure 1392, adopted June 28, 1971, eff. July 5, 1971, related to opinions in cases decided on the record, rescinded March 30, 1993, eff. July 1, 1993.
MD Rules, Rule 7-113, MD R CIR CT Rule 7-113
Current with amendments received through September 15, 2018.
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