If you have appealed a District Court judgment to the circuit court, you can seek further appellate review in the Supreme Court of Maryland, but you must file a petition for writ of certiorari in the Supreme Court. Do not file a notice of appeal in the circuit court.
A “petition for writ of certiorari” is a request to the Supreme Court asking it to review the case. The Supreme Court does not have to grant your request.
Here is the process you should follow to file your petition for writ of certiorari:
- 1. Timing. Your petition must be filed with the Supreme Court no later than 30 days after the circuit court enters its judgment on its docket.
- 2. Form.
- A. If you are representing yourself, you may either file an informal or a formal petition.
- B. An informal petition must contain all of the information required by Rule 8-303(b)(1), but you do not have to file any documents with the petition. You must include a signed certificate of service reflecting service on all parties or their attorneys. See 3.C. below.
- C. If you file a formal petition, it must fully comply with Rule 8-303 including having:
- i. A history of the case including case numbers, the name of the court, the name of the judge, and the dates any judgments were entered on the docket, and the other information required by Rule 8-303(b)(1).
- ii. Your signature, your address, your telephone number, and your email address, if you have one.
- For formal petitions, you must also include:
- i. A copy of the circuit court docket entries showing the judgment. You can obtain this from the circuit court clerk.
- ii. A copy of the opinion or order you are appealing.
- iii. A signed certificate of service reflecting the date and manner of service on the opposing party or their attorney if they have one. (See 3.C. below).
- 3. Filing and Service.
- A. Your petition must be filed with the Clerk of the Supreme Court of Maryland. The address is Supreme Court of Maryland, 361 Rowe Boulevard, Annapolis, MD 21401. You can mail the petition, hand deliver it, or, if you are a registered user, you can electronically file it through the MDEC system. Emailed petitions are not accepted. If you mail the petition, you need to remember that it must be mailed early enough so that it arrives at the Court before the filing deadline. (See 1. above).
- B. With your petition you must also pay the $61.00 filing fee for the petition or include a fee waiver request with your petition. Filing a fee waiver request does not guarantee that it will be granted, and you still may be required to pay the $61.00 fee if the waiver is denied by the Court.
- C. In addition to filing the petition with the Clerk, you must also serve it on the opposing party or their attorney, if they have one. If your petition does not have a signed certificate of service, it will be rejected.
This guide is based Maryland Rules 8-302 and 8-303. You should review those rules for the complete procedure for filing your petition for writ of certiorari.