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§ 12-401. Appeals permitted

West's Annotated Code of MarylandCourts and Judicial ProceedingsEffective: October 1, 2013

West's Annotated Code of Maryland
Courts and Judicial Proceedings
Title 12. Appeals, Certiorari, and Certification of Questions (Refs & Annos)
Subtitle 4. Review of Decisions of District Court (Refs & Annos)
Effective: October 1, 2013
MD Code, Courts and Judicial Proceedings, § 12-401
§ 12-401. Appeals permitted
Currentness
Civil cases
(a) A party in a civil case may appeal from a final judgment entered in the District Court.
Criminal cases
(b) In a criminal case:
(1) The State may appeal from a final judgment entered in the District Court:
(i) If the State alleges that the trial judge failed to impose the sentence specifically mandated by the Code; or
(ii) Granting a motion to dismiss, or quashing or dismissing a charging document.
(2) The defendant may appeal even from a final judgment entered in the District Court though imposition or execution of sentence has been suspended.
Appeals granting motion to dismiss or quashing or dismissing charging documents
(c) Notwithstanding any other provision of law, an appeal taken under subsection (b)(1)(ii) of this section shall be:
(1) To the circuit court solely for the purpose of reviewing the judgment of the District Court; and
(2) Heard on the record made in the District Court.
Municipal infractions
(d)(1) A defendant who has been found guilty of a municipal infraction, as described in § 6-102 of the Local Government Article or a Code violation under § 10-119 of the Criminal Law Article, may appeal from the final judgment entered in the District Court.
(2) The costs and procedures for taking the appeal shall be as provided for appeals from criminal cases in the District Court.
(3) Except, however, as provided in subsection (f) of this section, the appellate court shall docket and hear the appeal as a civil appeal from the District Court.
Time for appeal
(e)(1) Except as provided in paragraph (2) of this subsection, an appeal shall be taken by filing an order for appeal with the clerk of the District Court within 30 days from the date of the final judgment from which appealed.
(2) If the final judgment was entered in a case filed under § 8-332, § 8-401, § 8-402, § 14-109, or § 14-120 of the Real Property Article, the order for appeal shall be filed within the time prescribed by the particular section.
Appeals heard on the record or tried de novo
(f) In a civil case in which the amount in controversy exceeds $5,000 exclusive of interest, costs, and attorney's fees if attorney's fees are recoverable by law or contract, in any matter arising under § 4-401(7)(ii) of this article, and in any case in which the parties so agree, an appeal shall be heard on the record made in the District Court. In every other case, including a criminal case in which sentence has been imposed or suspended following a plea of nolo contendere or guilty, and an appeal in a municipal infraction or Code violation case, an appeal shall be tried de novo.
Criminal appeals tried de novo
(g) In a criminal appeal that is tried de novo:
(1) There is no right to a jury trial unless the offense charged is subject to a penalty of imprisonment or unless there is a constitutional right to a jury trial for that offense; and
(2) On the filing of a notice of appeal, the circuit court may stay a sentence of imprisonment imposed by the District Court and release the defendant pending trial in the circuit court.

Credits

Added by Acts 1973, 1st Sp. Sess., c. 2, § 1, eff. Jan. 1, 1974. Amended by Acts 1974, c. 687, § 13; Acts 1976, c. 49, § 1; Acts 1978 c. 735; Acts 1980, c. 298; Acts 1981, c. 657; Acts 1982, c. 512; Acts 1982, c. 844; Acts 1984, c. 255; Acts 1987, c. 314; Acts 1991, c. 505; Acts 1994, c. 483, § 2, eff. Oct. 1, 1994; Acts 1994, c. 579, §§ 1, 2, eff. July 1, 1994; Acts 1995, c. 3, § 1, eff. March 7, 1995; Acts 2002, c. 213, § 6, eff. Oct. 1, 2002; Acts 2003, c. 54, § 1, eff. Oct. 1, 2003; Acts 2009, c. 680, § 1, eff. Oct. 1, 2009; Acts 2013, c. 136, § 1, eff. Oct. 1, 2013.
Formerly Art. 5, § 30; Art. 26, § 156.
MD Code, Courts and Judicial Proceedings, § 12-401, MD CTS & JUD PRO § 12-401
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document