Md. R. Jud. Rev. Cir. Ct. 7-103

As amended through November 13, 2024

Rule 7-103 - [Effective 1/1/2025] Method of Securing Appellate Review

(a) By Notice of Appeal. The only method of securing appellate review in the circuit court is by the filing of a notice of appeal with the clerk of the District Court within the time prescribed in Rule 7-104.

(b) District Court Costs. Unless the prepayment of prepaid costs has been waived in accordance with Rule 1-325.1, before the clerk transmits the record pursuant to section (e) of this Rule, the appellant shall pay to the clerk of the District Court the cost of preparation of a transcript, if a transcript is necessary to the appeal.

Cross reference: Rule 7-113(b).

(c) Filing Fee. Within the time for transmitting the record under Rule 7-108, the appellant shall deposit the fee prescribed by Code, Courts Article, § 7-202 with the clerk of the District Court unless:

(1) if the appeal is in a civil action, the prepayment of prepaid costs has been waived in accordance with Rule 1-325.1; or

(2) if the appeal is in a criminal action, the fee has been waived by an order of court or the appellant is represented by the Public Defender's Office.

(d) Appeals Where Public Defender Representation Denied--Payment by State. The court shall order the State to pay the court costs related to an appeal and the costs of preparing any transcript of testimony necessary in connection with the appeal in any case in which (1) the Public Defender's Office is authorized by these Rules or other law to represent a party, (2) the Public Defender has declined representation of the party, and (3) the party is unable by reason of poverty to pay those costs.

(e) Transmittal of Record. After all required fees have been paid, the clerk shall transmit the record as provided in Rules 7-108 and 7-109. The clerk shall enter on the docket a statement of the fees paid.

Md. R. Jud. Rev. Cir. Ct. 7-103

This Rule is derived from former Rule 1311, except that section (d) is derived from the 2014 version of former Rule 1-325(b).

Adopted March 30, 1993, eff. 7/1/1993. Amended March 2, 2015, eff. 7/1/2015; Oct. 10, 2018, eff. 1/1/2019; amended Nov. 13, 2024, eff. 1/1/2025.

HISTORICAL NOTES

Derivation:

Maryland Rule of Procedure 1311, adopted June 28, 1971, eff. July 5, 1971, amended eff. July 1, 1974; Jan. 13, 1975, eff. Feb. 3, 1975; May 6, 1977, eff. July 1, 1977; April 6, 1984, eff. July 1, 1984, related to how appeals are taken, rescinded March 30, 1993, eff. July 1, 1993.

2015 Orders

The March 2, 2015 order amended the Rule to conform with new Rule 1-325.1; added a new subsection (d) to incorporate the provisions of current Rule 1-325(b); and made stylistic changes.

2018 Orders

The October 10, 2018 order amended (e) by requiring the clerk to enter on the docket a statement of the fees paid and to forward the filing fee to the circuit court only in a non-MDEC county.

Committee note: When a notice of appeal is filed, the clerk should check the docket to see if it contains the entry of a judgment in compliance with Rules 3-601 and 3-602, and if not, advise the parties and the court. This note is not intended to authorize the clerk to reject a notice of appeal or to place a mandatory duty on the clerk, or to relieve counsel of their responsibility to assure that there is an appealable order or judgment properly entered on the docket before noting an appeal.