Md. R. Jud. Rev. Cir. Ct. 7-102

As amended through November 13, 2024

Rule 7-102 - Modes of Appeal

(a) De Novo. Except as provided in section (b) of this Rule, an appeal shall be tried de novo in all civil and criminal actions.

Cross reference: For examples of appeals to the circuit court that are tried de novo, see Code, Courts Article, § 12-401(f), concerning a criminal action in which sentence has been imposed or suspended following a plea of guilty or nolo contendere and an appeal in a municipal infraction or Code violation case; Code, Courts Article, § 3-1506, concerning an appeal from the grant or denial of a petition seeking a peace order; and Code, Family Law Article, § 4-507, concerning an appeal from the grant or denial of a petition seeking relief from abuse.

(b) On the Record. An appeal shall be heard on the record made in the District Court in the following cases:

(1) a civil action 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;

Cross reference: For computation of the amount in controversy in an action involving a claim for possession or repossession of property, see Velicky v. Copycat Building LLC, 476 Md. 435 (2021) and Purvis v. Forest Street Apartments, 286 Md. 398 (1979).

(2) any matter arising under § 4-401(7)(ii) of the Courts Article;

(3) any civil or criminal action in which the parties so agree;

(4) an appeal from an order or judgment of direct criminal contempt if the sentence imposed by the District Court was less than 90 days' imprisonment; and

(5) an appeal by the State from a judgment quashing or dismissing a charging document or granting a motion to dismiss in a criminal case.

Md. R. Jud. Rev. Cir. Ct. 7-102

This Rule is new but is derived in part from Code, Courts Article, § 12-401(b), (c), and (f).

Adopted March 30, 1993, eff. 7/1/1993. Amended Jan. 10, 1995, eff. 2/1/1995; 3/5/2001, eff. 7/1/2001; 4/5/2005, eff. 7/1/2005; amended April 21, 2023, eff. 7/1/2023.

HISTORICAL NOTES

2001 Orders

The March 5, 2001, order transposed former sections (a) and (b); rewrote section (a); and added the cross reference following section (a).

2005 Orders

The April 5, 2005, order, in subsec. (b)(1), substituted "$5,000 for "$2,500.