Home Table of Contents

RULE 8-202. NOTICE OF APPEAL--TIMES FOR FILING

West's Annotated Code of MarylandMaryland Rules

West's Annotated Code of Maryland
Maryland Rules
Title 8. Appellate Review in the Court of Appeals and Court of Special Appeals
Chapter 200. Obtaining Review in Court of Special Appeals
MD Rules, Rule 8-202
RULE 8-202. 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. In this Rule, “judgment” includes a verdict or decision of a circuit court to which issues have been sent from an Orphans' Court.
Cross reference: Code, Courts Article, § 12-302(c)(3).
(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 2-532, 2-533, or 2-534, 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 2-533 or disposing of a motion pursuant to Rule 2-532 or 2-534. A notice of appeal filed before the withdrawal or disposition of any of these motions does not deprive the trial court of jurisdiction to dispose of the motion. If a notice of appeal is filed and thereafter a party files a timely motion pursuant to Rule 2-532, 2-533, or 2-534, the notice of appeal shall be treated as filed on the same day as, but after, the entry of a notice withdrawing the motion or an order disposing of it.
Committee note: A motion filed pursuant to Rule 2-535, if filed within ten days after entry of judgment, will have the same effect as a motion filed pursuant to Rule 2-534, for purposes of this Rule. Unnamed Att'y v. Attorney Grievance Comm'n, 303 Md. 473, 494 A.2d 940 (1985); Sieck v. Sieck, 66 Md. App. 37, 502 A.2d 528 (1986).
(d) When Notice for in Banc Review Filed. A party who files a timely notice for in banc review pursuant to Rule 2-551 or 4-352 may file a notice of appeal provided that (1) the notice of appeal is filed within 30 days after entry of the judgment or order from which the appeal is taken and (2) the notice for in banc review has been withdrawn before the notice of appeal is filed and prior to any hearing before or decision by the in banc court. A notice of appeal by any other party shall be filed within 30 days after entry of a notice withdrawing the request for in banc review or an order disposing of it. Any earlier notice of appeal by that other party does not deprive the in banc court of jurisdiction to conduct the in banc review.
(e) 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.
(f) Date of Entry. “Entry” as used in this Rule occurs on the day when the clerk of the lower court enters a record on the docket of the electronic case management system used by that court.
Cross reference: Rule 2-601.
Source: This Rule is derived from former Rule 1012.

Credits

[Adopted Nov. 19, 1987, eff. July 1, 1988. Amended Oct. 31, 2002, eff. Jan. 1, 2003; March 2, 2015, eff. July 1, 2015.]
MD Rules, Rule 8-202, MD R A CT AND SPEC A Rule 8-202
Current with amendments received through August 1, 2020.
End of Document© 2020 Thomson Reuters. No claim to original U.S. Government Works.