Maryland Legal Research

The Maryland Court system has four levels: two trial courts and two appellate courts.

APPELLATE COURTS:

The Court of Appeals is the highest court in Maryland. The Court is composed of seven judges drawn from each of the state's seven circuits. Members of the Court are initially appointed by the Governor and confirmed by the Senate. Subsequently, they run for office on their records, unopposed.

The Court of Appeals hears cases almost exclusively by certiorari. The Court of Appeals has exclusive jurisdiction over death penalty cases, legislative redistricting, removal of certain officers, and certification of questions of law.

The Court of Special Appeals is the intermediate appellate court. It considers any reviewable judgment, decree, order, or other action of the circuit and orphans’ courts. Judges sitting on the Court of Special Appeals generally hear and decide cases in panels of three. In some instances, however, all 15 judges sit en banc to hear the case.

Most decisions of the Court of Special Appeals are not reported, as Maryland Rule 8-605.1 requires the Court to report only those opinions that are of substantial interest.

TRIAL COURTS:

District Courts: The District Court of Maryland has 34 locations in 12 districts statewide, with at least one judge presiding in every county and Baltimore City. There are no juries in the District Court; each case is heard and decided by a judge. The District Court hears both civil cases — including claims up to $30,000, domestic violence cases, landlord/tenant disputes, replevin (the recovery of goods claimed to be wrongfully taken or held), and civil cases involving amounts at or less than $5,000 — and criminal cases. The District Court hears criminal cases, including motor vehicle/boating violations and other misdemeanors and limited felonies, although the Circuit Courts share jurisdiction if the penalties authorized are three years or more in prison, a fine of $2,500 or more, or both.

Circuit Courts:  The Circuit Courts of Maryland, located in all 23 counties and Baltimore City, are the trial courts of general jurisdiction. Circuit Courts generally handle the state’s major civil cases and more serious criminal matters, along with juvenile cases, family matters, such as divorce, and most appeals from the District Court, orphans’ courts and administrative agencies. The Circuit Courts also can hear, under certain circumstances, civil or criminal cases from the District Court, in which one of the parties has requested a jury trial; cases ordinarily tried in the District Court if the penalty is three or more years in prison, a fine of $2,500 or more, or both; and domestic violence cases.

OTHER JUDICIAL BODIES:

Orphan's Court: Orphans’ courts handle wills, estates, and other probate matters. In addition, they have jurisdiction — along with the Circuit Courts — to appoint guardians for the person, and to protect the estates of unemancipated minors (minors who remain under parental authority). An appeal from an orphans’ court generally may be to a Circuit Court, where the matter is tried de novo or  “as new” before a judge or, if appropriate, a jury, or to the Court of Special Appeals, where the matter is heard “as is” or on the record.

Source: Maryland's Judicial System