Losing a case can be devastating—especially if you believe the judge or jury got it wrong. But in Maryland, a loss at trial doesn’t necessarily mean the end of the road. In many cases, you have the right to file an appeal. Here’s what you need to know.

Yes, You Can Appeal—But Only Under Certain Conditions

In most civil and criminal cases, a party who loses at trial has the right to appeal the decision to a higher court. But that doesn’t mean you automatically get a new trial or a chance to present new evidence. An appeal is not a do-over. It’s a legal challenge based on what happened in the trial court—and whether legal, discretionary, or clearly erroneous fact-finding mistakes were made that affected the outcome.

How Long Do I Have to Appeal?

Under Maryland law, the deadline to file a notice of appeal is generally 30 days from the date the final judgment is entered. In criminal cases, that window may be even shorter if you’re appealing certain types of decisions. If you miss the deadline, your right to appeal is lost—permanently.

What Does the Appeals Process Involve?

Appeals in Maryland follow a structured process. After the notice of appeal is filed, the following steps typically occur:

• Record Assembly: The trial court record is compiled, including transcripts, pleadings, and exhibits.
• Briefing: Written arguments are submitted to the appellate court explaining the legal errors that occurred below.
• Oral Argument: In some cases, the appellate court will schedule a hearing for the lawyers to present arguments and answer questions.
• Opinion: The appellate court issues a written decision—either affirming the lower court or reversing/remanding the case.

You Can’t Appeal Just Because You Don’t Like the Outcome

One of the most common misconceptions about appeals is that they’re based on fairness or emotion. In reality, an appeal must point to a specific legal error that occurred at trial—something preserved in the record that a higher court can review. This includes issues like improper jury instructions, erroneous evidentiary rulings, or insufficient evidence to support a verdict.

Why You Need a Maryland Appellate Lawyer

Appellate law is a unique skillset. Winning an appeal requires in-depth knowledge of the record, persuasive legal writing, and the ability to identify and argue nuanced legal issues. Many trial lawyers refer appeals to attorneys who focus exclusively on this area.

If you’re considering an appeal, I encourage you to speak with a Maryland appellate lawyer as soon as possible. Deadlines are strict, and early strategic planning can make a major difference in the outcome.

Still Have Questions?

If you’re unsure whether your case is appealable or want a second opinion after a loss, contact my office. I’ll review your case and help you understand your options. Appeals are tough—but with the right counsel, they’re not impossible.

Image Credit: OpenAI DALL-E