Maryland Code, COURTS AND JUDICIAL PROCEEDINGS 12-502
Terms Used In Maryland Code, COURTS AND JUDICIAL PROCEEDINGS 12-502
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- County: means a county of the State or Baltimore City. See
- de novo: means judicial review based on an administrative record and any additional evidence that would be authorized by § 10-222(f) and (g) of the State Government Article. See
- Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
(ii) The appeal shall be heard de novo by the circuit court.
(iii) The de novo appeal shall be treated as if it were a new proceeding and as if there had never been a prior hearing or judgment by the orphans’ court.
(iv) The circuit court shall give judgment according to the equity of the matter.
(2) This subsection does not apply to Harford County, Howard County, or Montgomery County.
(b) (1) An appeal under this section shall be taken by filing a notice of appeal with the register of wills within 30 days after the date of the final judgment from which the appeal is taken.
(2) Within 60 days after the filing of a notice of appeal under paragraph (1) of this subsection, the register of wills shall transmit all pleadings and orders of the proceedings to the court to which the appeal is taken, unless the orphans’ court from which the appeal is taken extends the time for transmitting these pleadings and orders.