How Do I File an Appeal
An appeal is filed when an individual wishes a better court to review the judgment of a substandard court. Appeals are distinguished from the circuit court of Anne Arundel County to the Court of special appeals of Maryland.
If you lose your case and do not agree with the judgment, you constantly have right to appeal it. That means that you would need to table your case to another court. That court might be a better court or a higher court that have the power to listen to your case. If your case was lost in District Court, you might appeal to Circuit Court or if your case was in Circuit Court you might also appeal to the Court of Appeals
At times, anyone appealing a divorce needs more than a review/appraisal of the trial judge's decision. He or she wants the trial court's decision stayed while the case is being appealed. The appellant, who wants a stay in Maryland, must demand the stay and file a bond to guarantee that if the trial court's decision is confirmed, there is money to pay whatever is obligatory.
To decide and evaluate the problem to be raised on appeal, you should be aware of the diverse standards of review. If you are most upset by the truthful findings of the trial court, your probability of victory on appeal are between thin and nothing. The clearly erroneous standard applies and affords unusual deference to truthful findings. If the problem of asserted error involves an area where the trial court has discretion, then an abuse of discretion standard applies and your probability of changing the decision on appeal is still not huge.
How to file an appeal
- Appeal in a district court
To create an appeal in a District Court case, the non winning party should file a Notice of Appeal Form which is called the Civil Appeal/Request For Transcript, within thirty days of the opening of judgment.
The party wishing to appeal which is identified as the appellant, files this notice of appeal with the District Court and also pays fees for filing and a deposit for a transcript of the case, if any is needed. As with every court filing, the person that files should ensure that the other person is served appropriately. The appellant have to pay filing amount to both the District Court and to the Circuit Court. Transcript preparation might be a vital cost. It is vital to order a transcript for the reason that the function of the transcript is to give the Circuit Court all of the information about the case.
- Appeal in circuit court
The appeal from Circuit Court cases can turn out to be fairly difficult. To appeal a Circuit Court judgment, an appellant have to file a Notice of Appeal in the Circuit Court, serve the other party, and pay the required fee. The appellant have to pay a filing fee to the Court of Special Appeals as well. The appellant must file the notice within thirty days of the opening of the judgment and also have to order the transcript from the court correspondent and pay for the transcript. As with an appeal from District Court, an appellant likely will file a defendant's appeal bond with the lower court.
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