Md. R. Jud. Rev. Cir. Ct. 7-112

As amended through April 5, 2024

Rule 7-112 - [Effective 7/1/2024] Appeals Heard De Novo

(a) Scope. This Rule applies only to appeals heard de novo in the circuit court.

(b) District Court Judgment. The District Court judgment shall remain in effect pending the appeal unless and until superseded by a judgment of the circuit court or, in a criminal action, a disposition by nolle prosequi or stet entered in the circuit court.

(c) Modification of Peace Orders Pending Appeal. In an appeal from the grant or denial of a peace order, the circuit court, on its own initiative or on motion of any party, may modify, stay, or issue a peace order for good cause shown pending the determination of the appeal.

Cross reference: Grounds for the issuance of a peace order are set forth in Title 3, Subtitle 15 of Code, Courts Article.

(d) Procedure in Circuit Court.

(1) The form and sufficiency of pleadings and the capacity requirements in an appeal to be heard de novo are governed by the rules applicable in the District Court. A charging document may be amended pursuant to Rule 4-204.

(2) If the action in the District Court was tried under Rule 3-701, there shall be no pretrial discovery under Chapter 400 of Title 2, the circuit court shall conduct the trial de novo in an informal manner, and there shall be no post-judgment discovery under Chapter 600 of Title 2. Title 5 of these rules does not apply to the proceedings.

(3) Except as otherwise provided in this section, the appeal shall proceed in accordance with the rules governing cases instituted in the circuit court.

Cross reference: See Rule 2-327 concerning the waiver of a jury trial on appeal from certain judgments entered in the District Court in civil actions.

(e) Circuit Court Judgment. Upon the entry of the judgment of the circuit court, the clerk of the circuit court shall send notice of the superseding judgment to the clerk of the District Court, who shall enter the notice on the docket.

(f) Dismissal of Appeal; Entry of Judgment.

(1) An appellant may dismiss an appeal at any time before the commencement of trial. The court may dismiss an appeal if the appellant fails to appear as required for trial or any other proceeding on the appeal.

Committee note: If the court is not presented with information explaining the defendant's absence, the court may presume that the absence is voluntary and consider the appeal dismissed by the appellant. If the court is presented with information that could amount to good cause for the absence and there is a request for a postponement, the court ordinarily should grant a continuance in order to assess the merits of that information. See Tengeres v. State, 474 Md. 126, 184 (2021).

(2) Upon the dismissal of an appeal, the clerk shall promptly return the file to the District Court. Any statement of satisfaction shall be docketed in the District Court.

(3) On motion filed in the circuit court within 30 days after entry of a judgment dismissing an appeal, the circuit court, for good cause shown, may reinstate the appeal upon the terms it finds proper. On motion of any party filed more than 30 days after entry of a judgment dismissing an appeal, the court may reinstate the appeal only upon a finding of fraud, mistake, or irregularity. If the appeal is reinstated, the circuit court shall notify the District Court of the reinstatement and request the District Court to return the file.

Committee note: A motion to reinstate an appeal for good cause is to be liberally granted. See Mobuary v. State, 435 Md. 417 (2013).

(4) If the appeal of a defendant in a criminal case who was sentenced to a term of confinement and released pending appeal pursuant to Rule 4-349 is dismissed, the circuit court shall (A) issue a warrant directing that the defendant be taken into custody and brought before a judge of the District Court or (B) enter an order that requires the defendant to appear before a judge. If a judge is not available on the day the warrant or order is served, the defendant shall be brought before a judge the next day that the court is in session. The warrant or order shall identify the District Court case by name and number and shall provide that the purpose of the appearance is the entry of a commitment that conforms to the judgment of the District Court.

Md. R. Jud. Rev. Cir. Ct. 7-112

This Rule is derived in part from former Rule 1314 and in part new.

Adopted March 30, 1993, eff. 7/1/1993. Amended Dec. 15, 1993, eff. 7/1/1994; 12/10/1996, eff. 7/1/1997; 3/5/2001, eff. 7/1/2001; 11/12/2003, eff. 1/1/2004; 5/8/2007, eff. 7/1/2007; 10/4/2012, eff. 1/1/2013; amended February 9, 2022, eff. 4/1/2022; amended Nov. 28, 2023, eff. 1/1/2024; amended April 5, 2024, eff. 7/1/2024.

HISTORICAL NOTES

2001 Orders

The March 5, 2001, order inserted section (c); inserted the cross reference following section (c); and redesignated former sections (c) and (d) as sections (d) and (e), respectively.

2003 Orders

The November 12, 2003, order added section (e), related to circuit court judgments; redesignated former section (e) as section (f); added subsec. (f)(4), related to warrants; and amended the source note.

2007 Orders

The May 8, 2007, order rewrote section (f) which previously read:

"(f) Withdrawal of Appeal; Entry of Judgment.

"(1) An appeal shall be considered withdrawn if the appellant files a notice withdrawing the appeal or fails to appear as required for trial or any other proceeding on the appeal.

"(2) Upon a withdrawal of the appeal, the circuit court shall dismiss the appeal, and the clerk shall promptly return the file to the District Court. Any statement of satisfaction shall be docketed in the District Court.

"(3) On motion filed in the circuit court within 30 days after entry of a judgment dismissing an appeal, the circuit court, for good cause shown, may reinstate the appeal upon the terms it finds proper. On motion of any party filed more than 30 days after entry of a judgment dismissing an appeal, the court may reinstate the appeal only upon a finding of fraud, mistake, or irregularity. If the appeal is reinstated, the circuit court shall notify the District Court of the reinstatement and request the District Court to return the file.

"(4) If a defendant in a criminal case who was sentenced to a term of confinement and released pending appeal pursuant to Rule 4-349 withdraws the appeal, the circuit court shall (A) issue a warrant directing that the defendant be taken into custody and brought before a judge or commissioner of the District Court or (B) enter an order that requires the defendant to appear before a judge or commissioner. The warrant or order shall identify the District Court case by name and number and shall provide that the purpose of the appearance is the entry of a commitment that conforms to the judgment of the District Court.

2012 Orders

The October 4, 2012, order deleted language referring to a "commissioner and to added a sentence addressing the unavailability of a judge.

Derivation:

Maryland Rule of Procedure 1314, adopted June 28, 1971, eff. July 5, 1971, amended June 30, 1973, eff. July 1, 1973; Dec. 17, 1975, eff. April 1, 1976; June 16, 1978, eff. July 1, 1978; April 6, 1984, eff. July 1, 1984, related to rules for cases heard de novo, rescinded March 30, 1993, eff. July 1, 1993.