Md. R. Rev. Ct. App. & Spec. App. 8-201

As amended through April 5, 2024

Rule 8-201 - Method of Securing Review-The Appellate Court

(a) By Notice of Appeal

Except as provided in Rule 8-204, the only method of securing review by the Appellate Court is by the filing of a notice of appeal within the time prescribed in Rule 8-202. The notice shall be filed with the clerk of the lower court or, in an appeal from an order or judgment of an Orphans' Court, with the register of wills. The clerk or register shall enter the notice on the docket. It is sufficient that the notice be substantially in the following form:

(Caption)

NOTICE OF APPEAL

___________ notes an appeal to the Appellate Court in the above-captioned action.

(Signature and Certificate of Service)

(b)Filing Fees. At the time of filing a notice of appeal in a civil case, or within the time for transmitting the record under Rule 8-412 in a criminal case, an appellant shall deposit the fee prescribed pursuant to Code, Courts Article, § 7-102 with the clerk of the lower 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.

(c)Transmittal of Record. After all required fees have been deposited, the clerk shall transmit the record as provided in Rules 8-412 and 8-413. The clerk shall enter on the docket a statement of the fees paid, and, if the lower court is a circuit court in a non-MDEC county or an orphans' court, forward the filing fee with the record to the Clerk of the Appellate Court.

Md. R. Rev. Ct. App. & Spec. App. 8-201

This Rule is derived from former Rule 1011 with the exception of the first sentence of section (a) which is derived from former Rule 1010, and former Form 22.

Adopted Nov. 19, 1987, eff. 7/1/1988. Amended June 20, 1991, eff. 7/1/1991; 3/2/2015, eff. 7/1/2015; Oct. 10, 2018, eff. 1/1/2019; amended February 9, 2022, eff. 4/1/2022; amended April 21, 2023, eff. 4/1/2023.

HISTORICAL NOTES

2015 Orders

The March 2, 2015 order amended the Rule to conform it with new Rule 1-325.1 and made stylistic changes.

2018 Orders

The October 10, 2018 order amended (c) by requiring the clerk to enter on the docket a statement of the fees paid and to forward the filing fee to the clerk of the Court of Special Appeals only if the lower court is a circuit court in a non-MDEC county or an orphans' court.

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 2-601 and 2-602, and if not, advise the parties and the court. This note is not intended to authorize the clerk to reject a notice of appeal, 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.

See B & K Rentals & Sales Co. v. Universal Leaf Tobacco Co., 319 Md. 127, 133 (1990) ("Maryland cases usually have construed notices of appeal liberally and have ignored limiting language in notices of appeal, deeming it surplusage.").