I recently posted about appeals in District Court of Maryland cases, including lesser-known appellate options. Maryland also allows for an unusual type of appeal from circuit court decisions — the in banc appeal. Although cars and word processors have rendered these concerns somewhat anachronistic, appeals are still expensive and time consuming, and the in banc appeal remains an option worth considering in the right case. The Court of Special Appeals has confirmed that an in banc appeal is a substitute for an appeal in the Court of Special Appeals, and that an appellant cannot get two bites at the apple by requesting in banc review and filing a notice of appeal.
Gochnour, LLC , Md. However, the Constitution was amended in to allow an in banc appellee to appeal an adverse in banc decision to the Court of Special Appeals. The amendment abrogated a Court of Appeals decision holding that neither the in banc appellant nor the appellee could appeal an in banc decision to the Court of Special Appeals. Brooks , Md. There can be good strategic reasons for seeking an in banc appeal instead of an appeal to an appellate court.
The main one is that the in banc procedures, set out in Md. Rule , are much simpler than the appellate rules, and the entire proceeding is less formal. An in banc appeal is most likely faster and cheaper, so, for smaller claims, it may be more economical than a full-blown appeal. Sometimes it can also be useful to have a circuit court decision reviewed by other judges of the same court.
For example, some procedures vary county by county, and it might be helpful for the judges in your appeal to have expertise with local practices. In sum, the in banc review may largely be a historical holdover, but it has continued vitality as courts and the General Assembly develop it. Court of Special Appeals , En Banc. You are commenting using your WordPress. You are commenting using your Twitter account. You are commenting using your Facebook account. Notify me of new comments via email.
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