# Courts and Judicial Proceedings (GCJ)

## Title 12. Appeals, Certiorari, and Certification of Questions

### Subtitle 3. Review of Decisions of Trial Courts of General Jurisdiction

#### Section 12-301

Except as provided in Sec. 12-302 of this subtitle, a party may appeal from a final judgment entered in a civil or criminal case by a circuit court. The right of appeal exists from a final judgment entered by a court in the exercise of original, special, limited, statutory jurisdiction, unless in a particular case the right of appeal is expressly denied by law. In a criminal case, the defendant may appeal even though imposition or execution of sentence has been suspended. In a civil case, a plaintiff who has accepted a remittitur may cross-appeal from the final judgment.

#### Section 12-301.1

(a)

  (1) This section does not apply to a judgment in an action for damages under Sec. 3-2102 of this article.

  (2) Except as provided in subsection (d) of this section and notwithstanding any other law or court rule, in a civil action the amount of the supersedeas bond necessary to obtain a stay of enforcement of a judgment granting any type of relief during the entire course of all appeals or discretionary reviews may not exceed the lesser of $100,000,000 or the amount of the judgment for each appellant, regardless of the amount of the judgment appealed.

(b)

  (1) In a civil action a party seeking a stay of execution of a judgment of any amount pending review may file a motion to reduce the amount of a supersedeas bond required to obtain the stay.

  (2) A court, on a motion under paragraph (1) of this subsection or on its own motion, may reduce the amount of a supersedeas bond or may set other conditions to obtain the stay, with or without a bond, in the interest of justice and for good cause shown.

(c)

  (1) If an appellant posts a supersedeas bond in accordance with this section for an amount less than would be required under Rule 8-423(b) of the Maryland Rules, the appellee may engage in discovery for the limited purpose of determining whether the appellant dissipated or diverted assets outside the course of its ordinary business or is in the process of doing so.

  (2) The circuit court shall retain jurisdiction over the action for the limited purpose of ruling on any motions relating to discovery under paragraph (1) of this subsection to determine whether the defendant dissipated or diverted assets outside the course of its ordinary business or is in the process of doing so.

(d) If a court determines that an appellant dissipated or diverted assets outside the course of its ordinary business or is in the process of doing so, the court may:

  (1) Enter orders necessary to protect the appellee;

  (2) Require the appellant to post a supersedeas bond in an amount not exceeding the amount that would be required under Rule 8-423(b) of the Maryland Rules; and

  (3) Impose other remedies and sanctions that the court considers appropriate.

#### Section 12-302

(a) Unless a right to appeal is expressly granted by law, Sec. 12-301 of this subtitle does not permit an appeal from a final judgment of a court entered or made in the exercise of appellate jurisdiction in reviewing the decision of the District Court, an administrative agency, or a local legislative body.

(b) Section 12-301 of this subtitle does not apply to appeals in contempt cases, which are governed by Sec. 12-304 of this subtitle and Sec. 12-402 of this title.

(c)

  (1) In a criminal case, the State may appeal as provided in this subsection.

  (2) The State may appeal from a final judgment granting a motion to dismiss or quashing or dismissing any indictment, information, presentment, or inquisition.

  (3) The State may appeal from a final judgment if the State alleges that the trial judge:

    (i) Failed to impose the sentence specifically mandated by the Code; or

    (ii) Imposed or modified a sentence in violation of the Maryland Rules.

  (4)

    (i) This paragraph applies in a case:

      (1) Involving a crime of violence as defined in Sec. 14-101 of the Criminal Law Article;

      (2) Under Sec.Sec. 5-602 through 5-609 and Sec.Sec. 5-612 through 5-614 of the Criminal Law Article;

      (3) Under Sec.Sec. 5-621 and 5-622 of the Criminal Law Article; or

      (4) Under Sec.Sec. 5-133, 5-133.1, 5-134, 5-136, 5-138, 5-140, 5-141, 5-142, 5-205, and 5-206 of the Public Safety Article.

    (ii) For cases listed in subparagraph (i) of this paragraph, the State may appeal from a decision of a trial court that excludes evidence offered by the State or requires the return of property alleged to have been seized in violation of the Constitution of the United States, the Maryland Constitution, or the Maryland Declaration of Rights.

    (iii) The appeal shall be made before jeopardy attaches to the defendant. However, in all cases the appeal shall be taken no more than 15 days after the decision has been rendered and shall be diligently prosecuted.

    (iv) Before taking the appeal, the State shall certify to the court that the appeal is not taken for purposes of delay and that the evidence excluded or the property required to be returned is substantial proof of a material fact in the proceeding. The appeal shall be heard and the decision rendered within 120 days of the time that the record on appeal is filed in the appellate court. Otherwise, the decision of the trial court shall be final.

    (v) Except in a homicide case, if the State appeals on the basis of this paragraph, and if on final appeal the decision of the trial court is affirmed, the charges against the defendant shall be dismissed in the case from which the appeal was taken. In that case, the State may not prosecute the defendant on those specific charges or on any other related charges arising out of the same incident.

    (vi)

      (1) Except as provided in subsubparagraph 2 of this subparagraph, pending the prosecution and determination of an appeal taken under this paragraph or paragraph (2) of this subsection, the defendant shall be released on personal recognizance bail. If the defendant fails to appear as required by the terms of the recognizance bail, the trial court shall subject the defendant to the penalties provided in Sec. 5-211 of the Criminal Procedure Article.

      (2)

        (A) Pending the prosecution and determination of an appeal taken under this paragraph or paragraph (2) of this subsection, in a case in which the defendant is charged with a crime of violence, as defined in Sec. 14-101 of the Criminal Law Article, or a firearm-related crime listed in subparagraph (i)3 or 4 of this paragraph, the court may release the defendant on any terms and conditions that the court considers appropriate or may order the defendant remanded to custody pending the outcome of the appeal.

      (B) The determination and enforcement of any terms and conditions of release shall be in accordance with the provisions of Title 5 of the Criminal Procedure Article.

    (vii) If the State loses the appeal, the jurisdiction shall pay all the costs related to the appeal, including reasonable attorney's fees incurred by the defendant as a result of the appeal.

(d) Section 12-301 of this subtitle does not permit an appeal from the decision of the judges of a circuit court sitting in banc pursuant to Article IV, Sec. 22 of the Maryland Constitution, if the party seeking to appeal is the party who moved to have the point or question reserved for consideration of the court in banc.

(e)

  (1) In this subsection, "conditional plea of guilty" means a guilty plea with which the defendant preserves in writing any pretrial issues that the defendant intends to appeal.

  (2) Except as provided in paragraph (3) of this subsection, Sec. 12-301 of this subtitle does not permit an appeal from a final judgment entered following a plea of guilty in a circuit court. Review of such a judgment shall be sought by application for leave to appeal.

  (3) An appeal from a final judgment entered following a conditional plea of guilty may be taken in accordance with the Maryland Rules.

(f) Section 12-301 of this subtitle does not permit an appeal from the order of a sentence review panel of a circuit court under Title 8 of the Criminal Procedure Article, unless the panel increases the sentence.

(g) Section 12-301 of this subtitle does not permit an appeal from an order of a circuit court revoking probation. Review of an order of a circuit court revoking probation shall be sought by application for leave to appeal.

#### Section 12-303

A party may appeal from any of the following interlocutory orders entered by a circuit court in a civil case:

(1) An order entered with regard to the possession of property with which the action is concerned or with reference to the receipt or charging of the income, interest, or dividends therefrom, or the refusal to modify, dissolve, or discharge such an order;

(2) An order granting or denying a motion to quash a writ of attachment; and

(3) An order:

  (i) Granting or dissolving an injunction, but if the appeal is from an order granting an injunction, only if the appellant has first filed his answer in the cause;

  (ii) Refusing to dissolve an injunction, but only if the appellant has first filed his answer in the cause;

  (iii) Refusing to grant an injunction; and the right of appeal is not prejudiced by the filing of an answer to the bill of complaint or petition for an injunction on behalf of any opposing party, nor by the taking of depositions in reference to the allegations of the bill of complaint to be read on the hearing of the application for an injunction;

  (iv) Appointing a receiver but only if the appellant has first filed his answer in the cause;

  (v) For the sale, conveyance, or delivery of real or personal property or the payment of money, or the refusal to rescind or discharge such an order, unless the delivery or payment is directed to be made to a receiver appointed by the court;

  (vi) Determining a question of right between the parties and directing an account to be stated on the principle of such determination;

  (vii) Requiring bond from a person to whom the distribution or delivery of property is directed, or withholding distribution or delivery and ordering the retention or accumulation of property by the fiduciary or its transfer to a trustee or receiver, or deferring the passage of the court's decree in an action under Title 10, Chapter 600 of the Maryland Rules;

  (viii) Deciding any question in an insolvency proceeding brought under Title 15, Subtitle 1 of the Commercial Law Article;

  (ix) Granting a petition to stay arbitration pursuant to Sec. 3-208 of this article;

  (x) Depriving a parent, grandparent, or natural guardian of the care and custody of his child, or changing the terms of such an order;

  (xi) Denying immunity asserted under Sec. 5-525 or Sec. 5-526 of this article; and

  (xii) Denying a motion to dismiss a claim filed under Sec. 5-117 of this article if the motion is based on a defense that the applicable statute of limitations or statute of repose bars the claim and any legislative action reviving the claim is unconstitutional.

#### Section 12-304

(a) Any person may appeal from any order or judgment passed to preserve the power or vindicate the dignity of the court and adjudging him in contempt of court, including an interlocutory order, remedial in nature, adjudging any person in contempt, whether or not a party to the action.

(b) This section does not apply to an adjudication of contempt for violation of an interlocutory order for the payment of alimony.

#### Section 12-305

The Supreme Court of Maryland shall require by writ of certiorari that a decision be certified to it for review and determination in any case in which a circuit court has rendered a final judgment on appeal from the District Court or has rendered a final judgment on appeal from an administrative decision under Title 16 of the Transportation Article if it appears to the Supreme Court of Maryland, upon petition of a party that:

(1) Review is necessary to secure uniformity of decision, as where the same statute has been construed differently by two or more judges; or

(2) There are other special circumstances rendering it desirable and in the public interest that the decision be reviewed.

#### Section 12-306

The purpose of Sec.Sec. 12-307 and 12-308 of this subtitle is to allocate appellate jurisdiction between the Supreme Court of Maryland and the Appellate Court of Maryland. Except as expressly provided in those sections, nothing in them creates or abrogates a right to appeal or otherwise invoke appellate jurisdiction granted by the laws of the State.

#### Section 12-307

The Supreme Court of Maryland has:

(1) Jurisdiction to review a case or proceeding pending in or decided by the Appellate Court of Maryland in accordance with Subtitle 2 of this title;

(2) Jurisdiction to review a case or proceeding decided by a circuit court, in accordance with Sec. 12-305 of this subtitle; and

(3) Exclusive appellate jurisdiction with respect to a question of law certified to it under the Uniform Certification of Questions of Law Act.

#### Section 12-308

Except as provided in Sec. 12-307 of this subtitle, the Appellate Court of Maryland has exclusive initial appellate jurisdiction over any reviewable judgment, decree, order or other action of a circuit court, and an orphans' court.

#### Section 12-309

(a) A petition for judicial review of a final decision by the State Board of Contract Appeals in an appeal from the award of a video lottery operation license by the Video Lottery Facility Location Commission may be heard in the circuit court of any county in which venue would be appropriate under Sec. 6-201 of this article.

(b) Except for cases that the court considers to require a higher priority, a proceeding under this section, including any subsequent appellate judicial review, shall:

  (1) Take precedence on the court's docket;

  (2) Be heard at the earliest practicable date; and

  (3) Be expedited in every way.

(c) Notwithstanding any other provision of law, a party to a proceeding under this section may appeal the decision of the circuit court only by a petition to the Supreme Court of Maryland for the issuance of a writ of certiorari.

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Md. Code Ann., Cts. & Jud. Proc. (as displayed at mgaleg.maryland.gov, October 16, 2026)