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Maryland Notice of Appeal

Maryland's clock starts the moment the clerk enters judgment on the docket, and a District Court civil appeal where the amount in controversy is $5,000 or less is generally tried de novo in circuit court instead of reviewed on the record.

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Introduction

In Maryland, a notice of appeal from a final civil judgment must be filed within 30 days after entry of the judgment or order on the docket of the lower court, the trial court that entered it; entry occurs when the clerk enters a record on the docket of that court's electronic case management system (Md. Rule 8-202(a), (f)). There is no separate served-notice-of-entry trigger for an ordinary Maryland circuit court judgment: the clock runs from the docket entry itself. A timely motion for judgment notwithstanding the verdict under Rule 2-532, for a new trial under Rule 2-533, to alter or amend the judgment under Rule 2-534, or a motion under Rule 11-218 resets the clock: the notice must then be filed within 30 days after entry of the order disposing of the motion, or a notice withdrawing it, and a notice filed before the motion is resolved is treated as filed the same day as, but after, that disposing order (Md. Rule 8-202(c)). Outside that tolling, the deadline generally cannot be extended: Md. Rule 8-602(b)(2) requires the appellate court to dismiss an appeal whenever the notice was not filed with the lower court within the time Rule 8-202 prescribes. For a circuit court judgment, file the notice with the clerk of the circuit court that entered the judgment, or, for an appeal from an Orphans' Court order, with the register of wills, never with the appellate court itself (Md. Rule 8-201(a)). That court is the Appellate Court of Maryland, renamed from the Court of Special Appeals effective April 1, 2023; further review is by petition for a writ of certiorari to the Supreme Court of Maryland, formerly the Court of Appeals. Maryland's Judiciary publishes an official Notice of Appeal form, CC-097, mirroring the sample form in Rule 8-201(a), and a completed Civil Appeal Information Report must accompany the notice in a civil case (Md. Rule 8-205(b)). Filing costs $60 payable to the circuit court plus $61 payable to the Appellate Court, both collected by the circuit court clerk at filing (Cts. & Jud. Proc. Section 7-102; confirm the current fee with the clerk). Filing the notice does not by itself stop the other side from collecting on the judgment: enforcement is stayed only once security, typically a supersedeas bond, is filed under Md. Rule 8-422(a). A District Court civil appeal, including small claims, follows a different track: it is filed with the clerk of the District Court on form DC-CV-037 and goes to the circuit court, where it is tried de novo unless the amount in controversy exceeds $5,000, the parties agree to review on the record, or the matter arises under Cts. & Jud. Proc. Section 4-401(7)(ii) (Section 12-401(f)). Because Maryland's small-claims ceiling is $5,000 (Section 4-405), a small-claims appeal is essentially always a new trial. This page covers a civil appeal from a final circuit court judgment and a District Court civil appeal, including small claims. Criminal, administrative-agency, federal-court, and interlocutory appeals follow different rules and are not covered here. Attorney review is available before you file.

Key Things to Know

  1. 1

    The notice of appeal is due within 30 days after entry of the judgment or order on the docket of the lower court, meaning the day the clerk enters a record on the docket of that court's electronic case management system, not the day of service (Md. Rule 8-202(a), (f)). A timely motion under Rule 2-532 (judgment notwithstanding the verdict), Rule 2-533 (new trial), Rule 2-534 (to alter or amend the judgment), or Rule 11-218 extends the deadline to 30 days after entry of the order disposing of the motion, or a notice withdrawing it; a notice filed before the motion is resolved is treated as filed the same day as, but after, that disposing order (Md. Rule 8-202(c)).

  2. 2

    The deadline is generally not extendable. Md. Rule 8-602(b)(2) requires the Appellate Court to dismiss an appeal whenever the notice of appeal was not filed with the lower court within the time Rule 8-202 prescribes, a mandatory rather than discretionary dismissal.

  3. 3

    For a circuit court judgment, file the notice with the clerk of the circuit court that entered the judgment, or, for an appeal from an Orphans' Court order, with the register of wills, never with the appellate court (Md. Rule 8-201(a)). That court is the Appellate Court of Maryland, renamed from the Court of Special Appeals effective April 1, 2023; further review from it is by petition for a writ of certiorari to the Supreme Court of Maryland, formerly the Court of Appeals.

  4. 4

    Maryland's Judiciary publishes an official Notice of Appeal form, CC-097, mirroring the sample form in Rule 8-201(a); the notice must state that the appealing party notes an appeal to the Appellate Court of Maryland, be signed, and carry a certificate of service. A completed Civil Appeal Information Report must accompany the notice in a civil case, or be filed within 10 days after the notice if the notice is filed more than 10 days after entry of judgment, or otherwise within 10 days after that 10-day window closes, as Md. Rule 8-205(b)-(c) requires.

  5. 5

    Filing a circuit court civil appeal costs $60 payable to the circuit court plus $61 payable to the Appellate Court, both collected by the circuit court clerk when the notice is filed (Cts. & Jud. Proc. Section 7-102; confirm the current fee with the clerk). A fee waiver is available on forms CC-DC-091 and CC-DC-092; if a waiver request is denied, the fee is due within 10 days of the denial or the appeal is dismissed.

  6. 6

    Filing the notice does not by itself stay enforcement of a civil judgment. Md. Rule 8-422(a) stays enforcement only from the time an appellant files a supersedeas bond, alternative security under Rule 1-402(e), or other security under Rule 8-424.

  7. 7

    A District Court civil appeal, including small claims, is filed with the clerk of the District Court on form DC-CV-037 and goes to the circuit court for the county, where it is tried de novo unless the amount in controversy exceeds $5,000 exclusive of interest, costs, and attorney's fees, the parties agree to review on the record, or the matter arises under Cts. & Jud. Proc. Section 4-401(7)(ii) (Section 12-401(f)). Because Maryland's small-claims ceiling is $5,000 (Section 4-405), a small-claims appeal is essentially always a new trial. Either party may appeal within 30 days after entry of the judgment, or after disposition of a timely Rule 3-533 or 3-534 motion (Section 12-401(a); Rule 7-104(a), (c)); a small-claims appeal requires $10 payable to the District Court plus $165 payable to the circuit court, $175 total, paid to two courts the same day (confirm the current fee with the clerk).

Key decisions before you file

Before you file a Notice of Appeal in Maryland, a few decisions shape the document: which option to choose and what each one means. The Notice of Appeal guide walks through them.

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Maryland Requirements for Notice of Appeal

  • 30-Day Deadline Runs From Docket Entry

    The notice of appeal must be filed within 30 days after entry of the judgment or order on the docket of the lower court, the day the clerk enters a record on that court's electronic case management system, not the day of service (Md. Rule 8-202(a), (f)).

  • Post-Trial Motions Reset the 30-Day Clock

    A timely motion under Rule 2-532, 2-533, 2-534, or 11-218 resets the deadline to 30 days after entry of the order disposing of the motion, or a notice withdrawing it; a notice filed before disposition is treated as filed the same day as, but after, that order (Md. Rule 8-202(c)).

  • Deadline Triggers Mandatory Dismissal, Not Extension

    Md. Rule 8-602(b)(2) requires the Appellate Court to dismiss an appeal whenever the notice was not filed with the lower court within the time Rule 8-202 prescribes; the dismissal is mandatory, not discretionary, and no extension provision appears in Rule 8-202 itself.

  • Filed With the Lower Court Clerk, Not the Appellate Court

    For a circuit court judgment, the notice is filed with the clerk of the circuit court that entered the judgment, or, for an Orphans' Court order, with the register of wills, never with the Appellate Court of Maryland itself (Md. Rule 8-201(a)).

  • Notice Must State It Notes an Appeal

    The notice must state that the appealing party notes an appeal to the Appellate Court of Maryland in the captioned action, be signed, and carry a certificate of service on the other parties, following the sample form in Md. Rule 8-201(a) and Judiciary form CC-097.

  • Civil Appeal Information Report Must Accompany Notice

    A completed Civil Appeal Information Report must accompany the notice of appeal in a civil case, or be filed within 10 days after the notice if the notice is filed more than 10 days after entry of judgment, otherwise within 10 days after that 10-day window closes (Md. Rule 8-205(b)-(c)); failing to file it is not grounds to strike the notice itself.

  • Filing Fees to the Circuit and Appellate Courts

    A circuit court civil appeal costs $60 payable to the circuit court plus $61 payable to the Appellate Court, both collected by the circuit court clerk at filing (Cts. & Jud. Proc. Section 7-102); confirm the current fee with the clerk.

  • No Stay Without Security Under Rule 8-422

    Filing the notice does not by itself stay enforcement of a civil judgment. Md. Rule 8-422(a) stays enforcement only from the time the appellant files a supersedeas bond, alternative security under Rule 1-402(e), or other security under Rule 8-424.

  • Small Claims Appeal Is a Trial De Novo in Circuit Court

    A District Court civil appeal, including small claims, is tried de novo in the circuit court for the county unless the amount in controversy exceeds $5,000, the parties agree to review on the record, or the matter arises under Cts. & Jud. Proc. Section 4-401(7)(ii); either party may appeal on District Court form DC-CV-037 within 30 days after entry of judgment, and a small-claims appeal requires $10 to the District Court plus $165 to the circuit court; confirm the current fee with the clerk (Cts. & Jud. Proc. Sections 12-401(a), (f), 4-405; Md. Rule 7-104(a)).

Frequently Asked Questions