Many clients are surprised to learn just how long the appellate process can take in Maryland. Whether you’re appealing a civil judgment, a criminal conviction, or a family court ruling, understanding the timeline is critical to managing expectations — and making informed legal decisions.
1. The Deadline to File a Notice of Appeal
In most cases, you have just 30 days from the date of the final judgment to file your Notice of Appeal. That part is fast. But what follows is anything but.
2. Transcript and Record Preparation
After the notice is filed, the real waiting begins. Transcripts must be ordered and the appellate record prepared. Depending on the length of the trial and how busy the court reporter is, this can take anywhere from 30 to 90 days, sometimes longer.
Maryland Rule 8-412 sets the deadlines for the clerk to transmit the record to the appellate court. In practice, though, delays are common. In over 20 years of handling appeals, I’ve seen many cases where the transmittal took significantly longer than the rule contemplates.
3. Briefing Schedule
Once the record is filed, the appellate court issues a briefing schedule. The appellant typically has 40 days to file the opening brief, the appellee has another 30 days, and the appellant may have 20 days to reply. Extensions are common, especially in complex cases.
4. Oral Argument (if Granted)
In many cases, the court will set the matter in for oral argument. This usually takes place several months after the final brief is submitted. However, the Appellate Court of Maryland (formerly known as the Court of Special Appeals) doesn’t grant oral argument in every case. For tips on how to prepare when it does, see this guide to appellate oral argument.
5. Time to Decision
Once the case is submitted, the appellate court deliberates and issues an opinion. This can take 2 to 6 months on average — longer in more complex matters, or if the court is issuing a published opinion.
6. Total Time from Start to Finish
All in, a Maryland appeal can easily take 9 months to over a year from the filing of the notice to the court’s decision. In rare cases involving complicated records, multiple parties, or cross-appeals, the process may stretch even longer.
7. Can You Speed It Up?
In most cases, no. The timeline is largely controlled by procedural rules and court backlog. However, properly preparing the record and meeting all briefing deadlines without extensions can help avoid delays. If you’re trying to appeal a family court order, particularly one involving child custody or visitation, the court may give the case expedited treatment.
8. Is an Appeal Worth the Wait?
If you’re dealing with an unjust outcome, the delay may be frustrating — but an appeal is often the only viable remedy. Understanding what kinds of issues can actually be appealed in Maryland is essential, especially when deciding whether the time and cost of an appeal are justified.
Conclusion
The Maryland appellate process is not quick, but it can be effective. Knowing the timeline helps you plan realistically and avoid surprises. If you’re considering filing an appeal, it’s wise to speak with a Maryland appeals lawyer who can give you an honest assessment of what to expect — and whether it’s worth the time and cost involved.
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