Frequently Asked Questions about Appeals
Topics on this page
- What is an appeal?
- Do I always have the right to appeal a court’s decision?
- Will the appeal stop the court’s decision or order from going into effect?
- Where do I file an appeal?
- How do courts decide the appeal?
- What happens if I lose the appeal case? Can I appeal an appeal?
- What is a motion for reconsideration?
- Can I file both an appeal and a motion for reconsideration?
- What is an appealable final decision?
- What if I cannot afford the costs of filing an appeal?
What is an appeal?
If you lose your case and disagree with the decision, you may have the right to appeal. An appeal is the legal process where you are asking a higher court to review a decision made in the lower court.
Either the plaintiff or the defendant can file an appeal. Sometimes both can file an appeal.
- The person filing the appeal is the Appellant (sometimes called Petitioner).
- The person against whom the appeal is filed is the Appellee (sometimes called Respondent).
You can only file an appeal after there has been a final decision/ruling in your case. There are very limited exceptions to this.
The appeals process (or appellate process) takes time and expense and usually involves complex legal arguments rather than presenting evidence. Consider your situation and re-evaluate your case before choosing to appeal. If you handled your own case before, consider finding an attorney for the appeal or consulting with an attorney to determine whether the appeal is worth your time and expense. If you do handle your own appeal, expect to devote a significant amount of time to your case, including time for legal research.
Note: There are very specific rules and deadlines for appeals that are applied strictly. If you choose to file an appeal, review the Maryland Rules very carefully.
Do I always have the right to appeal a court’s decision?
No. There are situations where you do not have the right to appeal a court’s decision. Also, in certain circumstances, you may have to ask the court for permission to file an appeal first (e.g., file an application for leave to appeal), and the court can deny this request. This can be confusing. It’s a good idea to talk to an attorney about your options.
Will the appeal stop the court’s decision or order from going into effect?
No. Your appeal does not automatically stop the court decision/order that you are appealing from going into effect, including any money judgments against you. If you do not want the court decision/order to go into effect during the appeal process, file a motion to stay. The exact procedure will depend on which court you are in. Be aware that the court may not grant your request or may impose requirements, such as a surety bond.
Read the Rules: Md. Rule 8-422; 8-423; 8-424; 8-425
Where do I file the appeal?
In an appeal, you are asking a higher court to review a decision made in the lower court. So, you’ll need to figure out which court is the higher court. Learn more about the Maryland Court system.
Determining the appropriate higher court depends on the specific facts and circumstances of your situation. Consider:
- Which court made the final decision/order that you wish to appeal?
- Have you already appealed a court’s decision?
The Supreme Court of Maryland (formerly the Court of Appeals) is the state's highest court but generally not where you get started with your appeal. Remember, the specific facts and circumstances of your situation will determine the appropriate court for the appeal, but generally:
- If you are appealing a decision of an administrative agency (e.g., Workers’ Compensation Board, Maryland Motor Vehicle Administration, etc.), you may appeal to the Circuit Court.
- If you lost your case in District Court, you may appeal to Circuit Court.
- If your case began in the circuit court, you may appeal to the Appellate Court of Maryland (formerly the Court of Special Appeals).
- If you are appealing a decision of the Orphans' Court, you have the option to appeal to the circuit court or the Appellate Court. However, if you are in Harford County or Montgomery County, your only option is to appeal to the Appellate Court.
- If your case is in circuit court but is an appeal from District Court, you may appeal to the Supreme Court.
- If you disagree with the decision of the Supreme Court, you may ask the Supreme Court for the opportunity to further appeal your case.
Be aware that there are exceptions. For example, if you are appealing the findings/recommendations of a magistrate in a family law matter, then you would file exceptions with the Circuit Court.
How do courts decide the appeal?
This will also depend on the specific facts and circumstances of your situation.
Circuit Court - Generally, if the appeal is to circuit court from the District Court for a small claim, then a new trial will be before a circuit court judge. If the appeal to circuit court is for another reason, then a circuit court judge will decide the appeal without any oral arguments, unless one of the parties requests it.
The circuit court may decide the appeal in the following ways:
- Uphold, or affirm, the judgment of the District Court
- Reverse, or vacate, the judgment of the District Court
- Modify the judgment
- Remand the case, meaning send it back to the District Court to hold further proceedings
- Dismiss the appeal because it was not properly filed or for another reason
- A combination of the above
The circuit court judge will write a short opinion justifying the reasons for deciding the appeal. The opinion is sent to both parties and filed in the Clerk's Office with all the other paperwork from the case.
Supreme Court and Appellate Court - The Supreme Court and the Appellate Court will only hear questions of law, not fact. This means that the appellate court will rely on the facts as presented by the lower court record and decided by the lower court judge or jury (e.g., the triers of fact). Questions of law are issues regarding how the law is applied and/or interpreted. It can also include determining which law should be applied to the situation. Note, there may be specific exceptions where the judges will resolve a fact issue.
The Court may decide the appeal in the following ways:
- Uphold, or affirm, the judgment of the lower court
- Reverse, or vacate, the judgment of the lower court
- Modify the judgment of the lower court
- Remand the case, meaning send it back to the lower court for further proceedings
- Dismiss the appeal because it was not properly filed or for another reason
- A combination of the above
The court will write an opinion, which is a written decision that explains the reasons why the court made the decision it made. Learn more about case law and opinions.
What happens if I lose the appeal case? Can I appeal an appeal?
Maybe. Whether you can appeal an appeal depends on the specific facts and circumstances of your situation. You do not have a right to a second appeal. This means that while there may be a higher court that can hear your appeal, they do not have to do so.
What is a motion for reconsideration?
In addition to filing an appeal, if you lose your case and disagree with the decision, you may have the option of filing a motion for reconsideration. In an appeal, you are asking a higher court to review the decision of the lower court. In a motion for reconsideration, you are asking the same court to change their decision. A motion for reconsideration can also be called a motion to alter or amend or motion for relief.
Can I file both an appeal and a motion for reconsideration?
Maybe. You cannot simultaneously file an appeal and a motion for reconsideration. The specific facts and circumstances of your situation will determine the options available to you, including whether it's a good idea to choose one over the other. Read the Maryland Rules that apply to your situation very carefully. Take note of deadlines. Consider consulting with an attorney for assistance.
What is an appealable final decision?
You can only file an appeal after there has been a final decision/ruling in your case. There are very limited exceptions to this. For example, in certain very specific circumstances, you can file an interlocutory appeal, which challenges a non-final trial court order that decides an issue but does not result in a final judgment. Sometimes, determining whether there is a final decision/ruling in your case can be complex. Consider consulting with an attorney for assistance.
What if I cannot afford the costs of filing an appeal?
If you choose to appeal your case and believe you cannot afford to pay the costs of filing for an appeal, you can request the requirement that these costs be prepaid be waived. Learn more about filing fee waivers.
One expense is the cost of preparing the transcript. You may request a waiver of the costs of preparing the transcript, an essential part of the appeal process, in the District Court only. However, if your original case was heard in circuit court, the court cannot waive the transcript costs. If you want your case to proceed, you will need to pay for the costs of preparing the transcripts in those cases yourself.
If your request is approved, the waiver only removes the requirement to pay the costs of filing for an appeal upfront. You will still have to the pay the court fees at the end of the appeal, unless the court orders the other party to pay those fees and costs. Note, there is a process of asking the court for a final waiver of costs at the end of the case.
If your request is denied, in whole or in part, you must pay the un-waived portion of the costs within 10 days of the date of the order.
Can't Afford Appellate Costs? from the Maryland Courts