The Low Cost Appeal – In Banc Review
Appealing the decision of a trial court can be expensive and time consuming. Typically, an appeal requires paying a filing fee, transcribing the trial testimony, assembling a record extract, and preparing a lengthy brief. Maryland courts, however, offer an alternative that is less expensive and time consuming and for that reason it is sometimes referred to as the Poor Person’s Appeal.
The Maryland Declaration of Rights, which is part of the Maryland Constitution, allows for a procedure called an in banc review. Article 4, §22. Instead of going to an appeals court, an in banc review is done by a panel of three judges from the same Circuit Court as the one that made the decision under review. The legal role of the in banc panel is the same as that of an appellate court. Both the panel and an appeals court only consider whether the decision of the trial court was legally wrong. This means that neither of them reviews the facts to see if they would have made the same decision. If there is any substantial evidence to support the decision and the decision is legally correct, it will be affirmed.
The big difference between an appeal and in banc review is that the process for in banc review less expensive and less time consuming. The rules for in banc review are contained in Maryland Rule 2-551. All that is needed to begin the process is a notice filed within ten days of the decision to be reviewed. The moving party must file a memorandum within thirty days, and the opposition can file an opposing memorandum fifteen days later. Then the panel holds a hearing and makes its decision. Of course, more complicated cases can require additional steps, but in every instance the in banc process is less onerous than taking an appeal.
Why doesn’t everyone take advantage of this procedure? When someone decides to use in banc review, that person gives up the right to further review by an appellate court. In some cases, that can be a major detriment.
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