Post trial Motions:
RULE
2-533. MOTION FOR NEW TRIAL
(a) Time for Filing. Any party may file a
motion for new trial within ten days after entry of
judgment. A party whose verdict has been set aside on a
motion for judgment notwithstanding the verdict or a party
whose judgment has been amended on a motion to amend the
judgment may file a motion for new trial within ten days
after entry of the judgment notwithstanding the verdict or
the amended judgment.
(b) Grounds. All grounds advanced in support
of the motion shall be filed in writing within the time
prescribed for the filing of the motion, and no other
grounds shall thereafter be assigned without leave of court.
(c) Disposition. The court may set aside all
or part of any judgment entered and grant a new trial to all
or any of the parties and on all of the issues, or some of
the issues if the issues are fairly severable. If a partial
new trial is granted, the judge may direct the entry of
judgment as to the remaining parties or issues or stay the
entry of judgment until after the new trial. When a motion
for new trial is joined with a motion for judgment
notwithstanding the verdict and the motion for judgment
notwithstanding the verdict is granted, the court at the
same time shall decide whether to grant that party's motion
for new trial if the judgment is thereafter reversed on
appeal.
(d) Costs. If a trial or appellate court has
ordered the payment of costs as a part of its action in
granting a new trial, the trial court may order all further
proceedings stayed until the costs have been paid.
RULE
2-534. MOTION TO ALTER OR AMEND A JUDGMENT--COURT DECISION
In an action decided by the court, on motion of
any party filed within ten days after entry of judgment, the
court may open the judgment to receive additional evidence,
may amend its findings or its statement of reasons for the
decision, may set forth additional findings or reasons, may
enter new findings or new reasons, may amend the judgment,
or may enter a new judgment. A motion to alter or amend a
judgment may be joined with a motion for new trial.
RULE
2-535. REVISORY POWER
(a) Generally. On motion of any party filed
within 30 days after entry of judgment, the court may
exercise revisory power and control over the judgment and,
if the action was tried before the court, may take any
action that it could have taken under Rule 2-534.
(b) Fraud, Mistake, Irregularity. On motion of
any party filed at any time, the court may exercise revisory
power and control over the judgment in case of fraud,
mistake, or irregularity.
(c) Newly-Discovered Evidence. On motion of
any party filed within 30 days after entry of judgment, the
court may grant a new trial on the ground of
newly-discovered evidence that could not have been
discovered by due diligence in time to move for a new trial
pursuant to Rule 2-533.
(d) Clerical Mistakes. Clerical mistakes in
judgments, orders, or other parts of the record may be
corrected by the court at any time on its own initiative, or
on motion of any party after such notice, if any, as the
court orders. During the pendency of an appeal, such
mistakes may be so corrected before the appeal is docketed
by the appellate court, and thereafter with leave of the
appellate court.
RULE
2-551. IN BANC REVIEW
(a) Generally. When review by a court in banc
is permitted by the Maryland Constitution, a party may have
a judgment or determination of any point or question
reviewed by a court in banc by filing a notice for in banc
review. Issues are reserved for in banc review by making an
objection in the manner set forth in Rules 2-517 and 2-520.
Upon the filing of the notice, the Circuit Administrative
Judge shall designate three judges of the circuit, other
than the judge who tried the action, to sit in banc.
(b) Time for Filing. Except as otherwise
provided in this section, the notice for in banc review
shall be filed within ten days after entry of judgment.
When a timely motion is filed pursuant to Rule 2-532, 2-533,
or 2-534, the notice for in banc review shall be filed
within ten days after entry of an order denying a motion
pursuant to Rule 2-533 or disposing of a motion pursuant to
Rule 2-532 or 2-534. A notice for in banc review filed
before the disposition of any of these motions that was
timely filed shall have no effect, and a new notice for in
banc review must be filed within the time specified in this
section.
(c) Memoranda. Within 30 days after the filing
of the notice for in banc review, the party seeking review
shall file four copies of a memorandum stating concisely the
questions presented, any facts necessary to decide them, and
supporting argument. Within 15 days thereafter, an opposing
party who wishes to dispute the statement of questions or
facts shall file four copies of a memorandum stating the
alternative questions presented, any additional or different
facts, and supporting argument. In the absence of such
dispute, an opposing party may file a memorandum of
argument.
(d) Transcript. Promptly after the filing of
memoranda, a judge of the panel shall determine, by
reviewing the memoranda and, if necessary, by conferring
with counsel, whether a transcript of all or part of the
proceeding is reasonably required for decision of the
questions presented. If a transcript is required, the judge
shall order one of the parties to provide the transcript and
shall fix a time for its filing. The expenses of the
transcript shall be assessed as costs against the losing
party, unless otherwise ordered by the panel.
(e) Hearing and Decision. A hearing shall
be scheduled as soon as practicable but need not be held if
all parties notify the clerk in writing at least 15 days
before the scheduled hearing date that the hearing has been
waived. In rendering its decision, the panel shall file a
brief statement of the reasons for the decision or shall
dictate the reasons into the record.
(f) Motion to Shorten or Extend Time
Requirements. Upon motion of any party filed pursuant to
Rule 1-204, any judge of the panel may shorten or extend the
time requirements of this Rule, except the time for filing a
notice for in banc review.
(g) Dismissal. The panel, on its own
initiative or on motion of any party, shall dismiss an in
banc review if (1) in banc review is not permitted by the
Maryland Constitution, (2) the notice for in banc review was
prematurely filed or not timely filed, or (3) the case has
become moot, and the panel may dismiss if the memorandum of
the party seeking review was not timely filed.
(h) Further Review. Any party who seeks and
obtains review under this Rule has no further right of
appeal. The decision of the panel does not preclude an
appeal to the Court of Special Appeals by an opposing party
who is otherwise entitled to appeal.
RULE
8-202. NOTICE OF APPEAL--TIMES FOR FILING
(a) Generally. Except as otherwise provided in
this Rule or by law, the notice of appeal shall be filed
within 30 days after entry of the judgment or order from
which the appeal is taken. In this Rule, "judgment"
includes a verdict or decision of a circuit court to which
issues have been sent from an Orphans' Court.
(b) Criminal Action--Motion for New Trial. In
a criminal action, when a timely motion for a new trial is
filed pursuant to Rule 4-331(a), the notice of appeal shall
be filed within 30 days after the later of (1) entry of the
judgment or (2) entry of a notice withdrawing the motion or
an order denying the motion.
(c) Civil Action--Post Judgment Motions. In a
civil action, when a timely motion is filed pursuant to Rule
2-532, 2-533, or 2-534, the notice of appeal shall be filed
within 30 days after entry of (1) a notice withdrawing the
motion or (2) an order denying a motion pursuant to Rule
2-533 or disposing of a motion pursuant to Rule 2-532 or
2-534. A notice of appeal filed before the withdrawal or
disposition of any of these motions does not deprive the
trial court of jurisdiction to dispose of the motion.
(d) When Notice for In Banc Review Filed. A
party who files a timely notice for in banc review pursuant
to Rule 2-551 or 4-352 may file a notice of appeal provided
that (1) the notice of appeal is filed within 30 days after
entry of the judgment or order from which the appeal is
taken and (2) the notice for in banc review has been
withdrawn before the notice of appeal is filed and prior to
any hearing before or decision by the in banc court. A
notice of appeal by any other party shall be filed within 30
days after entry of a notice withdrawing the request for in
banc review or an order disposing of it. Any earlier notice
of appeal by that other party does not deprive the in banc
court of jurisdiction to conduct the in banc review.
(e) Appeals by Other Party--Within Ten Days.
If one party files a timely notice of appeal, any other
party may file a notice of appeal within ten days after the
date on which the first notice of appeal was filed or within
any longer time otherwise allowed by this Rule.
(f) Date of Entry. "Entry" as used in this
Rule occurs on the day when the clerk of the lower court
first makes a record in writing of the judgment, notice, or
order on the file jacket, on a docket within the file, or in
a docket book, according to the practice of that court, and
records the actual date of the entry.
