Appeals and Motions After Trial in the District Court

I do not agree with the decision the judge made.
What can I do?

If you do not agree with the decision the judge made, you have the following options:

(1) File a motion in the District Court where the case was heard (Use form DC-002)

1. Motion for a New Trial (See Md. Rule 3-533)
   • You can file this motion in writing within ten (10) days after the date of the judgment.
   • Note: Post-trial motions are usually decided by the same judge who heard your case in the first place.
   • If the court denies your timely request for a new trial, you may be able to still file an appeal depending on your case type.
     • If your case type normally allows for an appeal to be filed within 10 or 30 days after judgment, you may still file an appeal.
     • If your case is a failure to pay rent, and you filed the motion within 4 business days after the judgment was entered in the case, you may still file an appeal. If you filed your motion more than 4 business days after the judgment was entered, you will not be able to file an appeal.
     • Count the appeal period from the date your motion was denied, instead of the date your judgment was entered.
2. Motion to Alter or Amend. Use this to ask the court to amend the judgment. (See Md. Rule 3-534)
   • You can file this motion in writing within ten (10) days after the date of the judgment.
   • If the court denies your timely request for a new trial, you may be able to still file an appeal, depending on your case type.
     • If your case type normally allows for an appeal to be filed within 10 or 30 days after judgment, you may still file an appeal.
     • If your case is a failure to pay rent, and you filed the motion within 4 business days after the judgment was entered in the case, you may still file an appeal. If you filed your motion more than 4 business days after the judgment was entered, you will not be able to file an appeal.
     • Count the appeal period from the date your motion was denied, instead of the date your judgment was entered.
3. Motion to Revise the Judgment or Motion to Vacate the Judgment. File this motion if you want to ask the court to change or cancel the judgment. (See Md. Rule 3-535)
   • You can file a motion to revise or vacate (cancel) the judgment in writing within 30 days after the date of the judgment.
   • This motion is usually filed to correct clerical errors, or to vacate a judgment if you believe that you were not served with the court papers or were not notified of the court date.

(2) Appeal to the Circuit Court:

• If either party files an appeal of a District Court case, the appealed case will be handled by a judge in the circuit court.
• For most cases, you have 30 days after the judgment date to file your appeal.
• For Tenant Holding Over, Breach of Lease, and Wrongful Detainer cases, you have ten days after the judgment to file your appeal. For Failure to Pay Rent cases, you have four days from the judgment to file an appeal.

• If you have filed a Motion for a New Trial or a Motion to Alter or Amend, count the days you have to file an appeal from the date of the ruling on the motion instead of the date of the judgment in your case. If you filed one of these motions in a Failure to Pay Rent more than four business days after the judgment was entered, you can no longer file an appeal
• Use form DC-CV-037, Civil Appeal.
• Pay the required filing fees at the District Court with your form. Write circuit court fees payable to the circuit court. Fees may include a transcript fee in the amount of a $75 deposit. If your total transcript costs are less than the deposit, you will receive a refund. If they are more, you will receive a bill for the balance.

• If you choose to appeal your case but cannot afford to pay the filing costs, you can file a request to waive the costs. You will need to file two forms. Click here for more information about fee waivers and the forms you need to file.
• Submit BOTH documents to the District Court when you file your appeal.
• The District Court will decide the first request, then send the paperwork to the court hearing the appeal - the Circuit Court.  The Circuit Court will decide the second request.
• You will receive a copy of both orders.
• If the court denies your request, you must pay the amount of the costs not waived within ten (10) days of the date of the order. If you do not pay the court may dismiss your appeal.

The court entered a judgment, now what?

Click here to read more about Judgments and Debt Collection.

Resources

Help is available at the Maryland Court Help Center both in person or by phone for civil cases, including:

• Landlord/Tenant
• Small and Large Claim
• Consumer matters like car repossessions, debt collection, and credit card cases
• Return of Property (Replevin and Detinue)
• Domestic Violence/Peace Orders
• Expungement

Dealing with Debt Collectors:

• Attorney General of Maryland - Debt Collection Consumer Resources
• People’s Law library

If you want to find a lawyer:

• Private Lawyers: Local Bar Association Referral Services
• Free or Low-cost Legal Help Programs: Directory of free and low-cost legal service providers