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§ 12-502. Appeals to circuit court from final judgment of orphans’ court

West's Annotated Code of MarylandCourts and Judicial ProceedingsEffective: December 14, 2022

West's Annotated Code of Maryland
Courts and Judicial Proceedings
Title 12. Appeals, Certiorari, and Certification of Questions (Refs & Annos)
Subtitle 5. Review of Decisions of Orphans' Courts (Refs & Annos)
Effective: December 14, 2022
MD Code, Courts and Judicial Proceedings, § 12-502
§ 12-502. Appeals to circuit court from final judgment of orphans’ court
Currentness
Appeals to circuit court
(a)(1)(i) Instead of a direct appeal to the Appellate Court of Maryland under § 12-501 of this subtitle, a party may appeal to the circuit court for the county from a final judgment of an orphans' court.
(ii) The appeal shall be heard de novo by the circuit court.
(iii) The de novo appeal shall be treated as if it were a new proceeding and as if there had never been a prior hearing or judgment by the orphans' court.
(iv) The circuit court shall give judgment according to the equity of the matter.
(2) This subsection does not apply to Harford County, Howard County, or Montgomery County.
Time of appeal
(b)(1) An appeal under this section shall be taken by filing a notice of appeal with the register of wills within 30 days after the date of the final judgment from which the appeal is taken.
(2) Within 60 days after the filing of a notice of appeal under paragraph (1) of this subsection, the register of wills shall transmit all pleadings and orders of the proceedings to the court to which the appeal is taken, unless the orphans' court from which the appeal is taken extends the time for transmitting these pleadings and orders.

Credits

Added by Acts 1973, 1st Sp. Sess., c. 2, § 1, eff. Jan. 1, 1974. Amended by Acts 1975, c. 20; Acts 1981, c. 345; Acts 1982, c. 820, § 3; Acts 1999, c. 451, § 1, eff. Oct. 1, 1999; Acts 2020, c. 130, § 1, eff. Oct. 1, 2020; Acts 2020, c. 131, § 1, eff. Oct. 1, 2020; Acts 2022, c. 539, § 2, eff. Dec. 14, 2022; Acts 2023, c. 49, § 6.
Formerly Art. 5, §§ 25, 26.
MD Code, Courts and Judicial Proceedings, § 12-502, MD CTS & JUD PRO § 12-502
Current through legislation effective through April 25, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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