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RULE 8-132. TRANSFER OF APPEAL IMPROPERLY TAKEN

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

West's Annotated Code of Maryland
Maryland Rules
Title 8. Appellate Review in the Supreme Court and the Appellate Court
Chapter 100. General Provisions
Effective: July 1, 2023
MD Rules, Rule 8-132
RULE 8-132. TRANSFER OF APPEAL IMPROPERLY TAKEN
(a) Appeal to Improper Court. If the Supreme Court or the Appellate Court determines that an appellant has improperly noted an appeal to it but may be entitled to appeal to another court exercising appellate jurisdiction, the Court shall not dismiss the appeal but shall instead transfer the action to the court apparently having jurisdiction, upon the payment of costs provided in the order transferring the action.
(b) Appeal Improperly Filed in the Appellate Court. If a notice of appeal, application for leave to appeal, or petition for certiorari is improperly filed in the Appellate Court, the Court shall not reject the filing but shall note on the filing the date when it was received and transfer the filing to the proper court. The receiving court shall docket the filing using the date that the filing was received by the Appellate Court.
Cross reference: See Rules 8-201 and 8-204 regarding filing of a notice of appeal or application for leave to appeal to the Appellate Court in the lower court. See Rule 8-303 regarding filing of a petition for writ of certiorari in the Supreme Court.
Source: This Rule is in part derived from former Rule 814 and in part new.

Credits

[Adopted Nov. 19, 1987, eff. July 1, 1988. Amended April 1, 2023, eff. July 1, 2023.]
MD Rules, Rule 8-132, MD R A CT AND SPEC A Rule 8-132
Current with amendments received through February 1, 2024. Some sections may be more current, see credits for details.
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