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

West's Annotated Code of MarylandMaryland RulesEffective: July 1, 2023

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
Effective: July 1, 2023
MD Rules, Rule 7-104
RULE 7-104. NOTICE OF APPEAL--TIMES FOR FILING
Currentness
(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, 14-120, and 14-132.
(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.
(1) Generally. Except as provided in subsection (c)(2) of this Rule, 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 (A) a notice withdrawing the motion or (B) 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.
(2) Shorter Appeal Time Provided by Statute.
(A) Between Ten and 29 Days. If a statute provides for an appeal time between ten and 29 days, inclusive, and a timely motion is filed pursuant to Rule 3-533 or Rule 3-534, the notice of appeal shall be filed within the time stated in the statute for an appeal commencing after (i) a notice withdrawing the motion or (ii) an order denying a motion pursuant to Rule 3-533 or disposing of a motion pursuant to Rule 3-534.
(B) Less than Ten Days. If a statute provides for an appeal time of less than ten days and a motion pursuant to Rule 3-533 or Rule 3-534 is filed within the time to appeal stated in the statute, the notice of appeal shall be filed within the time stated in the statute for an appeal commencing after (i) a notice withdrawing the motion or (ii) a copy of an order denying a motion pursuant to Rule 3-533 or disposing of a motion pursuant to Rule 3-534 is sent pursuant to Rule 1-324. If the copy of the order is sent by mail, three days shall be added to the time within which an appeal may be noted.
Committee note: In cases involving a statutory appeal time that is shorter than the time to file a motion under Rule 3-533 or Rule 3-534 (e.g., Code, Real Property Article, §§ 8-401 and 8A- 1701), such motions must be filed within the statutory appeal time in order to toll the time to appeal pursuant to subsection (c)(2)(B) of this Rule. A motion filed under Rule 3-533 or Rule 3-534 that is not filed within the statutory appeal time may still be timely if filed within the time permitted by those Rules, but it does not toll the time to appeal.
A motion filed pursuant to Rule 3-535, if filed within ten days or, if applicable, within the time stated in subsection (c)(2)(B) of this Rule 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.
Source: This Rule is in part derived from former Rule 1312 and in part new.

Credits

[Adopted March 30, 1993, eff. July 1, 1993. Amended March 2, 2015, eff. July 1, 2015; April 1, 2023, eff. July 1, 2023.]
MD Rules, Rule 7-104, MD R CIR CT Rule 7-104
Current with amendments received through February 1, 2024. Some sections may be more current, see credits for details.
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