Maryland’s appellate court system consists of the Supreme Court of Maryland (formerly the Court of Appeals) and the Appellate Court of Maryland (formerly the Court of Special Appeals).
This brief overview explains Maryland’s appellate system’s structure, jurisdiction, and basic operations.
Structure of Maryland’s Appellate Courts
The Supreme Court of Maryland
The Supreme Court of Maryland is the state’s highest court.
Established by Article IV of the Maryland Constitution, it consists of seven judges, including the chief justice.
The Court sits in Annapolis and primarily operates in a discretionary review capacity, choosing which cases it will hear through the certiorari process.
The Appellate Court of Maryland
The Appellate Court of Maryland is the state’s intermediate appellate court.
It was created by a constitutional amendment in 1966. The court consists of 15 judges who typically hear cases in panels of three.
This court handles most appeals in Maryland and generally must hear all cases properly brought before it.
Jurisdiction and Authority
Supreme Court of Maryland Jurisdiction
The Supreme Court of Maryland exercises:
- Final appellate jurisdiction in cases involving the death penalty;
- Discretionary review of decisions from the Appellate Court of Maryland;
- Direct review of certain cases involving critical constitutional issues;
- Supervision over the state’s judicial system;
- Authority to adopt rules governing practice and procedure in Maryland courts.
Appellate Court of Maryland Jurisdiction
The Appellate Court of Maryland has broad jurisdiction to hear appeals from:
- Final judgments of circuit courts;
- Certain interlocutory orders;
- Final decisions of orphans’ courts;
- Various administrative agency decisions.
Maryland’s Appeals Process
Filing an Appeal
Most Maryland appeals begin with filing a notice of appeal in the circuit court that issued the judgment.
Time limits are strictly enforced:
- Generally, 30 days from the entry of judgment for civil cases;
- 30 days from sentencing in criminal cases;
- Different deadlines may apply for certain administrative appeals.
Appeal Progression
- Record Transmission: The trial court transmits the record to the appellate court;
- Briefing: Parties submit written arguments according to scheduled deadlines;
- Oral Argument: If granted, parties present oral arguments before the court;
- Decision: The court issues its opinion after deliberation.
Certiorari Review
For cases seeking Supreme Court of Maryland review:
- Petition for writ of certiorari must be filed within specified time limits;
- The court exercises discretion in granting review;
- If granted, additional briefing and oral argument typically follow.
Reported and Unreported Decisions
Reported Decisions
- Published in official reporters;
- Precedential, meaning they bind lower courts;
- Fully citable in all Maryland courts;
- Generally involve novel legal issues or significant applications of existing law.
Unreported Decisions
- Are not published in official reporters;
- Have no precedential value;
- May not be cited as authority in Maryland courts, with limited exceptions;
- Generally involve straightforward applications of established law.
Significance of Appellate Review
Appellate review serves several crucial functions in Maryland’s legal system:
- Ensures uniform application of law throughout the state;
- Corrects legal errors from lower courts;
- Develops and clarifies state law through precedential decisions;
- Provides guidance to lower courts and practitioners;
- Protects constitutional and statutory rights.
Resources for Appellate Practice
Essential resources for Maryland appellate practice include:
- Maryland Rules, particularly Title 8 (Appellate Review in Court of Appeals and Court of Special Appeals);
- Maryland Code, Courts, and Judicial Proceedings Article;
- Maryland Appellate Courts’ website (for dockets, opinions, and rules);
- Maryland State Law Library resources.
This Maryland appellate system overview provides the fundamental framework for understanding Maryland’s appellate system.
Practitioners should consult specific rules and current case law for detailed guidance on appellate procedures and requirements.