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RULE 1-325.1. WAIVER OF PREPAID APPELLATE COSTS IN CIVIL ACTIONS

West's Annotated Code of MarylandMaryland Rules

West's Annotated Code of Maryland
Maryland Rules
Title 1. General Provisions
Chapter 300. General Provisions
MD Rules, Rule 1-325.1
RULE 1-325.1. WAIVER OF PREPAID APPELLATE COSTS IN CIVIL ACTIONS
(a) Scope. This Rule applies (1) to an appeal from an order or judgment of the District Court or an orphans' court to a circuit court in a civil action, and (2) to an appeal as defined in subsection (b)(1) of this Rule seeking review in the Court of Special Appeals or the Court of Appeals of an order or judgment of a lower court in a civil action.
(b) Definitions. In this Rule, the following definitions apply:
(1) Appeal. “Appeal” means an appeal, an application for leave to appeal to the Court of Special Appeals, and a petition for certiorari or other extraordinary relief filed in the Court of Appeals.
(2) Clerk. “Clerk” includes a Register of Wills.
(3) Prepaid Costs. “Prepaid costs” means (A) the fee charged by the clerk of the lower court for assembling the record, (B) the cost of preparation of a transcript in the District Court, if a transcript is necessary to the appeal, and (C) the filing fee charged by the clerk of the appellate court.
Cross reference: See the schedule of appellate court fees following Code, Courts Article, § 7-102 and the schedule of circuit court fees following Code, Courts Article, § 7-202.
(c) Waiver.
(1) Generally. Waiver of prepaid costs under this Rule shall be governed generally by section (d) or (e) of Rule 1-325, as applicable, except that:
(A) the request for waiver of both the lower and appellate prepaid costs shall be filed in the lower court with the notice of appeal;
(B) a request to waive prepayment of the fee for filing a petition for certiorari or other extraordinary relief in the Court of Appeals shall be filed in, and determined by, that Court;
(C) waiver of the fee charged for assembling the record shall be determined in the lower court;
(D) waiver of the appellate court filing fee shall be determined by the appellate court, but the appellate court may rely on a waiver of the fee for assembling the record ordered by the lower court;
(E) both fees shall be waived if (i) the appellant received a waiver of prepaid costs under section (d) of Rule 1-325 and will be represented in the appeal by an eligible attorney under that section, (ii) the attorney certifies that the appellant remains eligible for representation in accordance with Rule 1-325(d), and (iii) except for an attorney employed or appointed by the Office of the Public Defender in a civil action in which that Office is required by statute to represent the party, the attorney further certifies that to the best of the attorney's knowledge, information, and belief there is good ground to support the appeal and it is not interposed for any improper purpose or delay; and
(F) if the appellant received a waiver of prepaid costs under section (e) of Rule 1-325, the lower court and appellate court may rely on a supplemental affidavit of the appellant attesting that the information supplied in the affidavit provided under Rule 1-325(e) remains accurate and that there has been no material change in the appellant's financial condition or circumstances.
(2) Procedure.
(A) If an appellant requests the waiver of the prepaid costs in both the lower and appellate courts, the lower court, within five days after the filing of the request, shall act on the request for waiver of its prepaid cost and transmit to the appellate court the request for waiver of the appellate court prepaid cost, together with a copy of the request and order regarding the waiver of the lower court prepaid cost.
(B) The appellate court shall act on the request for the waiver of its prepaid cost within five business days after receipt of the request from the lower court.
(C) If either court denies, in whole or in part, a request for the waiver of its prepaid cost, it shall permit the appellant, within 10 days, to pay the unwaived prepaid cost. If, within that time, the appellant pays the full amount of the unwaived prepaid cost, the appeal shall be deemed to have been filed on the day the request for waiver was filed in the lower court or, as to a petition for certiorari or other extraordinary relief, in the Court of Appeals. If the unwaived prepaid costs are not paid in full within the time allowed, the court shall enter an order dismissing the appeal.
Source: This Rule is new.

Credits

[Adopted March 2, 2015, eff. July 1, 2015; Dec. 13, 2016, eff. Apr. 1, 2017.]
MD Rules, Rule 1-325.1, MD R GEN Rule 1-325.1
Current with amendments received through December 1, 2022. Some sections may be more current, see credits for details.
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