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.
