Filing an appeal in Maryland is a complex process that requires precision, strategy, and strict adherence to procedural rules. Many potential clients searching for a Maryland Appellate Lawyer have already encountered pitfalls that jeopardize their chances of success. Understanding common mistakes can help you avoid missteps that could undermine your entire case before your appellate journey even begins.

Failing to File a Timely Notice of Appeal

The very first step to pursuing an appeal is filing a notice of appeal, and missing the deadline is fatal. In Maryland, you generally have 30 days from the date of the final judgment to file your notice. Maryland Rule 8-202(a) governs this critical timeline, and failure to comply will almost always result in dismissal, no matter how strong your underlying case may be.

Many appellants mistakenly assume that post-trial motions or ongoing settlement discussions extend the deadline, but they rarely do. Only specific motions, such as a timely filed motion to alter or amend judgment under Maryland Rule 2-534, may toll the deadline. A competent appellate lawyer ensures these deadlines are strictly observed from the start.

Not Preserving Issues for Appeal

One of the most common reasons appeals fail is because the appellant did not properly preserve the issue at trial. Maryland appellate courts will generally not consider an argument that was not raised in the trial court. Maryland Rule 8-131(a) sets forth this preservation requirement, limiting review to issues that were “raised in or decided by the trial court.”

Even if you feel that the error was obvious or unfair, failing to object at the right moment often waives the argument forever. Skilled trial and appellate counsel know when and how to create a proper record to give you the best chance on appeal.

Appealing the Wrong Type of Order

Not every trial court ruling can be appealed immediately. Under Maryland law, only “final judgments”—or certain authorized interlocutory orders—are appealable. Litigants often waste time and money appealing non-final rulings, leading to automatic dismissals. Understanding the final judgment rule, outlined in Maryland Rule 2-602, is essential to framing a successful appellate strategy.

In addition, if you are unsure whether your issue presents valid grounds for appeal, our earlier blog post on grounds for appealing a Maryland court decision offers a helpful overview. Knowing what constitutes a legitimate appellate issue can save you valuable resources and time.

Neglecting to Consult an Experienced Appellate Lawyer

Appellate practice is a specialized field that demands a different skill set than trial work. Brief-writing, preservation arguments, and standards of review are unique to appeals and require experienced handling. Many clients make the mistake of sticking with their trial attorney, even when the appeal calls for fresh appellate expertise.

Hiring a lawyer who focuses on appeals ensures that your case is presented effectively to the reviewing court. A seasoned Maryland appellate lawyer understands how to frame arguments in the most persuasive way, increasing your odds of success at every stage.

Conclusion

Appeals in Maryland require careful navigation through complex rules and procedural traps. Filing late, failing to preserve issues, appealing non-final orders, or neglecting specialized counsel can doom your case before it even gets off the ground. If you are considering an appeal, working with an experienced appellate lawyer from the beginning can make all the difference in preserving your rights and achieving a successful outcome.

Image Credit: OpenAI DALL-E