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Yes, you can appeal a family court decision in Maryland or any state. When you or your family are considering an appeal from a family court decision, you’re likely feeling frustrated with the outcome at the trial court level. To effectively initiate a family law court appeal, you must follow specific steps within a set timeline to ensure that Maryland appellate courts have jurisdiction over your divorce or family court proceeding.
Maryland Family Court Appeals
This information is only a cursory examination of the process for considering and actually filing a family law court appeal. This summary applies to a family law court or civil court appeals only. There are other specific rules and/or considerations you must evaluate for a criminal appeal, interlocutory appeal, or other matter. I’ll briefly discuss each necessary step in the family law appeal process. For more specific information, please consult with an experienced family law appellate attorney.
Do You Have Grounds for a Family Law Appeal?
Unfortunately, in Maryland not liking the judge’s decision in your family law trial or divorce trial is not a valid basis for relief on appeal. If the family law judge misinterpreted the law or if another error occurred during your family law trial, you might be entitled to relief on appeal. The following are the most common bases for an appeal in a divorce trial or family law trial. Keep in mind, that this list is not exhaustive; however, it covers most of the appellate issues that warrant relief in family law appeals:
- Misapplication of the Law
- Constitutional Violations
- Lack of Evidence to Support the Family Law Judge’s Decision
- Abuse of Discretion by the Family Law Judge
- Wrong Evidentiary Rulings on Critical Points
- Failure to Properly Consider Best Interest of the Child Factors
Seek an Experienced Maryland Family Law Appeals Attorney
Not all Maryland divorce attorneys handle appeals, as this process is complex and requires specialized skills. If you want to challenge a district court judge’s decision, you need an experienced family law appeals attorney.
Divorce With A Plan attorneys are dedicated to clients seeking relief on appeal in a family law case. We have represented many clients through appeals and would be glad to meet with you, answer your questions, and help you determine if a family law appeal is right for you.
Considerations Prior to Seeking an Appeal
You should meet with an experienced family law appellate attorney prior to filing any appeal from an adverse judgment in any family law proceeding. In some instances you may ask the court to reconsider an issue; however, proceed with caution. You face a serious risk of missing a procedural deadline for filing an appeal if the court decides that you filed your appeal too long after the original order you are challenging.
One important consideration in family law appeals is that you must raise every issue, you want to preserve for an appeal if you seek a new trial at the district court level. You will only be able to raise issues on appeal that were in your motion for a new trial. Therefore, you should not only raise the issues in a motion for a new trial, which you believe may warrant a new trial. Rather, you should raise every issue you have with the family law judge’s initial ruling in order to preserve each issue on appeal.
The deadline to file your appeal is one of the most important considerations in what you do at the district court level prior to filing your family law appeal. Only certain issues raised in post-judgment motions extend your deadline to file an appeal. The majority of post-trial motions in family law cases do not extend your timeline. If you don’t file your appeal on time, you may lose your chance for appellate review, unless the district court or the appellate court grants post-conviction relief for your late filing. Granted or not, missing a deadline is not the best way to begin the family law appellate process.
Filing Your Appeal Family Court Decision
The first step in filing an Appeal Family Court Decision is preparing and filing your Petition in Error with the Maryland Court. It is the catalyst for the process of any appeal in a civil case. The Petition in Error is a simple document that summarizes the issues before the appellate court for review, explains the type of family law case on appeal, and a general outline of the issues and facts before the appellate court. Additionally, your Petition in Error for your family law appeal must explain the procedural posture, and series of events, in your family law case.
Timing is critical to preserving your appeal and in most cases, you have 30 days from the date the challenged order is filed with the district court. Identifying what constitutes the final order, and starting the clock for your appeal is very important. Typically, the court minute from the trial is not sufficient to start the clock. However, you should speak to your family law appellate attorney to ensure this deadline is met. Failure to file your Petition in Error by the deadline is a waiver of your right to appeal.
Compiling the Record
Appellate courts do not conduct a new trial or hear from witnesses. Rather, appellate courts review the transcripts and rulings from the family law trial or the district court record to reach their decision. Therefore, it is up to the party seeking an appeal to provide the family law appeals court with the record.
At the same time as your Petition in Error is being drafted and filed, your family law appellate attorney must file a Designation of Record at the trial court level. Your Designation of Record is how you “designate” or tell the district court clerk what transcripts, pleadings filed in the case, and orders of the court are necessary for appeal.
Additionally, the opposing party in your appeal, the Respondent, is able to provide a separate Designation of Record, which directs the district court clerk to compile any additional materials for appellate review, not identified by the appealing party.
In short, a complete record is essential for a successful appeal because the appellate court only reviews existing evidence. The court cannot consider hearings related to your appeal without a record. We recommend having a court reporter at every hearing and ensuring that court minutes and journal entries are detailed, as these documents will be reviewed during the appeal.
Once you file your Designation of the Record with the district court clerk, the clerk has six months to prepare the record for your appeal. As the appellant, you need to make sure the clerk finishes this on time. It’s important that your family law appellate attorney stays in touch with the clerk’s office. Also, you must ensure that all court reporters who transcribed the proceedings get the Designation of Record and complete the transcripts on time, usually by paying for them in advance.
The Briefing Process to Appeal Family Court Decision
After you file the Petition in Error and the Designation of Record, it’s time to begin briefing the appeal. It is a best practice to immediately begin outlining and researching for the appeal, even though you do not have the transcript back yet to cite to the record.
Once the record is complete, you have 60 days to file your brief in chief. This brief is your chance to explain to the appellate court what went wrong at the trial court level and why you deserve relief.
After you file your brief in chief, the respondent or appellee has 40 days to file their answer brief. This answer brief is crucial for the respondent, as you won’t have the opportunity to submit a second brief unless the court grants permission.
In most cases, the final brief is a reply brief by the appellant that brought the appeal. Although you are entitled to file a reply brief it is not always wise to do so. When you have made your best points in your opening brief, you should not waste the appellate court’s time by repeating yourself. File the reply brief only if the respondent raises an issue or argument that you believe requires a response.
Finally, in very few cases, the appellate court in your family case may grant the respondent a surreply, which is a second opportunity to submit a brief by the respondent. You should speak to an experienced appellate family law attorney before seeking permission for a surreply.
Assignment and Opinion
Maryland has a unique appellate procedure where every case on appeal initially goes to the Maryland Court. However, nearly all cases are then assigned to a division within the Maryland Court of Civil Appeals. In family law appeals, the intermediate appellate court assigns a panel of three judges to review all the briefs, decide the case, and draft an opinion on the issues under appeal.
The opinion in your family law case appeal will either affirm the family law trial court’s decision or overturn the decision with instructions for the district court to enter the appropriate court orders, dictated by the appellate court. You must adhere to strict timelines for submitting pleadings and procedural matters when appealing a family law decision. However, the appellate court is not bound by these same timelines. Therefore, the next step is waiting for the Court to issue an opinion on your family law appeal.
Additional Appeals in Family Law Cases
In addition to the process we’ve discussed, you have the right to request a review by the Maryland Court if the appeal decision is unfavorable to you. The process to seek additional appellate review in a family law case is the same as any other civil case, you must file a Writ of Certiorari to the Maryland Court. Additionally, you may ask the court that heard your appeal to reconsider its decision.
When the Maryland Court considers Certiorari, it can choose to either review your case or deny your request, ending your appeal. If the Court decides to review the case, it will either agree with or overturn the Court of Civil Appeals’ decision.
If the court grants Certiorari but you are unhappy with the outcome, you have 90 days to request another review from the Supreme Court, provided you have valid reasons. After exhausting state court options, you can request review by the U.S. Supreme Court, but this is rarely granted. It’s best to consult with an experienced Maryland appellate family law attorney before seeking Certiorari.
Final Opinion on Appeal Family Court Decision
After you’ve used all available options, such as filing a request for reconsideration or a Writ for Certiorari, the Maryland Court will issue a mandate for your case. This mandate directs the district court to follow the appellate court’s orders and make any additional decisions necessary. Many people don’t realize that the appellate court’s ruling isn’t official until the court issues this mandate. So, even if you win your family law appeal, it only becomes effective once the court issues the mandate.
Appeal Family Court Decision Conclusion
Family law appeal rules in Maryland are strict. However, working with an experienced attorney gives you the best chance of following the rules. They can help ensure your appeal is heard and present the strongest case for you.
What an Appeal Is—and Isn’t
The idea that appealing an unfavorable legal decision means automatically getting a new trial or a new judge is a common misconception. An appeal isn’t a second trial; it’s an official request to have the original decision reviewed by a higher court. During the appeals process, the appellate court will reconsider your case based on a review of the original evidence. However, you cannot introduce any new or additional evidence.
Contact Your Fierce Advocates for Family Law Appeals
Losing a family law case is stressful, and the appeal process can feel even harder. It’s important to have attorneys experienced in family law appeals to guide you through it. Divorce With A Plan has the experience to help you seek relief in your appeal.