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Maryland's Court System

Maryland's state court system is in four tiers, consisting of two trial courts and two appellate courts. The trial courts consider evidence and render determinations based on the available facts and applicable law. In civil cases, the decisions of the trial court may result in monetary damages or equitable relief, and in criminal cases, punishment, including fines or imprisonment. Appellate courts review the decisions of the trial courts to determine whether the trial court properly applied the law in deciding the case.

District Court
The District Court of Maryland is the state trial court that decides minor civil and criminal cases. The District Court also may decide landlord/tenant disputes, domestic violence cases, and actions for replevin, or the return of goods wrongfully taken. All matters in the District Court are decided by a judge alone, without a jury. The District Court has 34 locations in 12 districts throughout the state, with at least one judge in each county and Baltimore City. 6

Circuit Court
Each of Maryland's 23 counties and Baltimore City has its own Circuit Court, which is the state trial court of general jurisdiction. The Circuit Courts may decide major and minor civil cases, serious criminal matters, juvenile and domestic relations matters, and appeals from the District Court, from the Orphans' Court, and from state administrative agencies. Cases in the Circuit Court may be heard either by a judge alone, or by a judge and jury together. Unlike the unified, statewide District Court system, each Circuit Court is autonomous and is funded by the local jurisdiction it serves.

Other adjudicative bodies may function in the place of trial courts, including the Orphans' Courts, which decide disputes concerning wills, estates, guardianships, and other probate matters, and state administrative agencies (principally the Office of Administrative Hearings) that decide administrative law cases involving the executive branch of state government. Decisions of these other adjudicative bodies may be appealed to the Circuit Court, which acts as an appellate court in these matters.

Court of Special Appeals
The Court of Special Appeals is the state intermediate appellate court. It was established in 1966 to help reduce the burgeoning appellate caseload. Parties may, by right, appeal the final decisions of the Circuit Court, when it is acting as a trial court, to the Court of Special Appeals. When the Circuit Court is itself acting as an appellate court (for example, when it is reviewing the decisions of the District Court, Orphans' Court, or administrative agencies), the Court of Special Appeals will consider a further appeal only when it grants permission.

The Court of Special Appeals is made up of thirteen judges, one of whom is designated by the governor to serve as chief judge. Cases in the Court of Special Appeals are heard by panels of three judges, but may, in rare instances, be heard by the entire court. The Court of Special Appeals publishes its opinions in the Maryland Appellate Reports.

Court of Appeals of Maryland
The Court of Appeals of Maryland, the state's supreme court, sits at the apex of the state judicial system. The Court of Appeals of Maryland is a certiorari appellate court, meaning that it only reviews those cases that it selects to hear, except for a few categories of cases that it is required to hear by the state constitution or by state law. The Court of Appeals is the ultimate and final interpreter of the state constitution, state statutory law, and the common law of Maryland, subject only to the interpretation and application of the United States Constitution by the Supreme Court of the United States. The Court of Appeals has seven judges, including a chief judge appointed by the governor. The chief judge of the Court of Appeals also serves as the administrative head of the Maryland court system. The chief judge is aided in this administrative role by the Administrative Office of the Courts. The Court of Appeals of Maryland publishes its opinions in the Maryland Reports.

—Dan Friedman
Saul Ewing LLP

Further Reading

Maryland Constitution. Article IV. NEED MORE WORK INFO

Maryland Courts & Judicial Proceedings Code. NEED MORE WORK INFO

Additional Websites

Maryland Manual On-Line. http://www.mdarchives.state.md.us/msa/mdmanual/29ap/html/00list.html.

Maryland Judiciary. http://www.courts.state.md.us.

Court of Appeals of Maryland. http://www.courts.state.md.us/coappeals/index.html.

Court of Special Appeals. http://www.courts.state.md.us/cosalist.html.

Circuit Courts. http://www.courts.state.md.us/circuit/circuit.html.

District Court of Maryland. http://www.courts.state.md.us/district/index.html.

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