Maryland Appeals Attorney – Maryland Appellate Law
Each Maryland appellate attorney at Longman & Van Grack has experience with Maryland’s multiple courts of appeal and are well-versed in complex research, detailed writing, and compelling oral argument. The Maryland appeals lawyers at Longman & Van Grack have handled many cases addressing Maryland appellate law and within Maryland’s Court of Special Appeals, Court of Appeals, Circuit Court, and U.S. Fourth Circuit. Our firm’s Maryland appeals attorneys provide an attention to detail for each Maryland appeals case.
Longman & Van Grack’s Maryland appellate attorneys consists of lawyers who have not only handled appeals in all of Maryland’s appellate courts but also lawyers who have served as judicial law clerks on various Maryland courts. Thus, our lawyers are very familiar with the appellate rules, procedure, and advocacy. Our attorneys have addressed state (Circuit Court) and federal (U.S. District Court) appeals from almost every county in Maryland including Montgomery County, Prince Georges County, Howard County, Anne Arundel County, Washington County, Baltimore County, Baltimore City, Charles County, and Frederick County. In fact, our firm has two offices in Maryland where we meet with Maryland appeals clients: Bethesda, Maryland and Rockville, Maryland.
If a case or trial was initially heard in one of Maryland’s Circuit Courts, it can be appealed to the Maryland Court of Special Appeals. If a case has been heard in the Maryland Court of Special Appeals, than one can petition the Maryland Court of Appeals (Maryland’s highest court) for a writ of certiorari to hear the case. In some cases, a Maryland District Court case can be appealed directly to the Maryland Circuit Court. Additionally, appeals from the U.S. District Court for the District of Maryland are generally heard by the U.S. Court of Appeals for the Fourth Circuit. Each Maryland appeals attorney at Longman & Van Grack are very familiar with each of these appeals courts.
The Appellate Process
Maryland’s appellate courts do not afford you a new trial and the appeals courts will not hear new evidence that was not presented to the trial court. Rather, the Maryland Court of Appeals, Maryland Court of Special Appeals, or U.S. Fourth Circuit review what transpired in the trial court and determine whether proper procedures were followed and the law was applied correctly. The Maryland Court of Appeals, Maryland Court of Special Appeals, or U.S. Fourth Circuit generally defer to the trial court or jury findings regarding factual issues, and only examine how the law was applied during the trial.
To initiate an appeal in the Maryland Court of Appeals, Maryland Court of Special Appeals, or U.S. Fourth Circuit, the appellant the party appealing must file a notice of appeal in the lower court, and designate an appellate record consisting of materials from the Maryland lower court which the appellant wishes to present to the appellate court. The deadline to file a notice of appeal in each Maryland appeals courts varies.
Maryland’s appellate court cases generally involve three legal briefs, all of which are required to contain citations to cases and statutory or other legal authorities. Maryland appeals briefs to the Maryland Court of Special Appeals and Maryland Court of Appeals must also contain proper citations to the designated appellate record. First, the appellant files an opening brief with the Maryland Court of Appeals, Maryland Court of Special Appeals, or U.S. Fourth Circuit. This brief must explain the factual and procedural history of the case, in a neutral fashion, and then state how the trial court erred and why the appellate court should reverse the ruling. The appellee sometimes called the respondent then files a responsive brief with the appellate court. Like the opening brief, this response in the Maryland Court of Appeals, Maryland Court of Special Appeals, or U.S. Fourth Circuit should also neutrally explain the factual and procedural history, followed by argument that the trial court was correct and the ruling should not be reversed. Finally, the appellant then has an opportunity to file a reply brief. In the reply, the appellant can argue against the claims made in the appellee’s responsive brief, but is not permitted to introduce any new legal arguments. The reply must only address statements made in the responsive brief.
After the briefs are filed, a panel of the Court of Appeals, Court of Special Appeals, or Fourth Circuit court judges will hear oral argument, which can take place anywhere from a few months to a year or more after the appeal is filed, depending on the court. However, the Maryland Court of Appeals, Maryland Court of Special Appeals, or U.S. Fourth Circuit can decide cases based solely on the briefs, without hearing oral argument. The Maryland appellate panel will issue a written opinion stating their decision and the reasoning behind it. At the Maryland appeals court’s discretion, the opinion may be published in the official reports and become binding authority over future cases. The timing of this written opinion varies considerably among different appellate courts, but is generally a period of several months for the Maryland Court of Appeals, Maryland Court of Special Appeals, or U.S. Fourth Circuit.
Maryland Appellate Law at Longman & Van Grack
Longman & Van Grack’s appellate attorneys can work exclusively on a Maryland appeal or work on a Maryland appellate matter with the underlying trial counsel. Specifically, our Maryland appellate attorneys will review the lower court’s record, research all of the relevant legal issues which could be evaluated on appeal, draft the necessary briefs to be submitted to the appellate court, and present the case to the appellate court during oral argument.
Each Maryland appeals attorney at Longman & Van Grack regularly seeks and defends appeals at each court of appeals in Maryland. Before accepting an appeal on behalf of a client seeking to overturn a judgment or decision in the Maryland’s Circuit Court, Maryland District Court, U.S. District Court for the District of Maryland, or Maryland Court of Special Appeals, Longman & Van Grack’s appellate lawyers will first review the lower court’s record and evaluate the strengths of the case and likelihood of success on appeal.
Each of Longman & Van Grack’s appellate attorneys work closely with other lawyers in the civil litigation group as well as with lawyers in all the Longman & Van Grack’s business, litigation, tax, real estate, and probate practice groups. Our firm’s Maryland appeals lawyers ensure that each appeal has the most details legal analysis available. If you would like to discuss our assistance with a Maryland appeal, call Longman & Van Grack’s Maryland appellate attorneys today at (301) 291-5027 to schedule a consultation in our Bethesda, Maryland appeals office or Rockville, Maryland appeals office.
With Offices in Bethesda, MD and Rockville, MD, the attorneys at Longman & Van Grack assist clients throughout Washington, DC and Maryland including Montgomery County, Howard County, Prince George’s County, Chevy Chase, Darnestown, Gaithersburg, Germantown, Potomac, Silver Spring, and Wheaton. Hiring an attorney is an important decision which should not be based solely on advertising. The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters, and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.