Rule 7-105 - Striking of Notice of Appeal by District Court(a) Generally. On motion or on its own initiative, the District Court may strike a notice of appeal (1) that has not been filed within the time prescribed by Rule 7-104,(2) if the clerk of the District Court has prepared the record pursuant to Rule 7-109 and the appellant has failed to pay for the record, (3) if the appellant has failed to deposit with the clerk of the District Court the transcript costs or filing fee required by Rule 7-103(c), or (4) if by reason of any other neglect on the part of the appellant the record has not been transmitted to the circuit court within the time prescribed in Rule 7-108.(b) Notice. Before the District Court strikes a notice of appeal on its own initiative, the clerk of that court shall serve on all parties pursuant to Rule 1-321 a notice that an order striking the notice of appeal will be entered unless a response is filed within 15 days after service showing good cause why the notice of appeal should not be stricken.Md. R. Jud. Rev. Cir. Ct. 7-105
This Rule is in part derived from former Rule 1313 and in part new.
Adopted March 30, 1993, eff. 7/1/1993.HISTORICAL NOTES
Derivation:
Maryland Rule of Procedure 1313, adopted June 28, 1971, eff. July 5, 1971, related to when lower courts may strike an order for appeal, rescinded March 30, 1993, eff. July 1, 1993.