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If a Maryland court enters a judgment against you, that does not always mean the case is over. Depending on how much time has passed and what went wrong, you may be able to ask the judge to reconsider the decision, revise the judgment, vacate the judgment, or appeal the case to a higher court.
The most important issue is usually timing.
In Maryland Circuit Court cases, there are several different procedures that may apply, including a Motion to Alter or Amend Judgment, a Motion to Revise Judgment, and an appeal to the Appellate Court of Maryland.
Can I Ask a Maryland Judge to Reconsider a Judgment?
Yes. In many cases, a party can ask the trial judge to reconsider or change a judgment.
One common way to do this is through a Motion to Alter or Amend Judgment under Maryland Rule 2-534.
A Rule 2-534 motion generally must be filed within 10 days after the judgment is entered.
A Motion to Alter or Amend may be appropriate where the court:
- overlooked important evidence;
- misunderstood a material fact;
- made an error of law;
- failed to decide an issue presented at trial;
- entered a judgment that does not accurately reflect the court's findings; or
- should reconsider part of its ruling based on the existing record.
In a case tried before a judge, the court may reopen the judgment, receive additional evidence, amend its findings, or enter a new judgment.
A timely Rule 2-534 motion can also affect the deadline for filing an appeal.
Maryland court rules are available through the Maryland Judiciary.
What Is a Motion to Revise Judgment in Maryland?
A second option is a Motion to Revise Judgment under Maryland Rule 2-535.
Under Rule 2-535(a), a Maryland Circuit Court generally retains broad authority to revise its judgment for 30 days after the judgment is entered.
Maryland Courts and Judicial Proceedings § 6-408 also addresses the court's revisory power over judgments.
You can review the statute through the Maryland General Assembly.
A Motion to Revise may be used to ask the trial court to correct, reconsider, or modify a recently entered judgment.
There is an important distinction, however.
A Motion to Revise filed more than 10 days after entry of judgment may still be timely under Rule 2-535, but it generally does not extend the deadline to appeal the original judgment.
That means a party should not assume that filing a motion with the trial judge automatically protects the right to appeal.
How Long Do I Have to Appeal a Maryland Court Judgment?
In most Maryland Circuit Court civil cases, a Notice of Appeal must generally be filed within 30 days after entry of the final judgment or other appealable order.
The governing rule is Maryland Rule 8-202.
Appeals from Circuit Court are generally heard by the Appellate Court of Maryland.
The Notice of Appeal is filed in the Circuit Court that entered the judgment.
The appellate process may also require:
- ordering transcripts;
- preparation of the court record;
- filing appellate information forms;
- preparing a record extract where required;
- filing written briefs; and
- presenting oral argument in some cases.
More information is available from the Maryland Judiciary's Appellate Court Help Center.
An appeal is not normally a new trial. The appellate court generally reviews whether the trial judge committed a legal or procedural error based on the record that already exists.
Can a Maryland Judgment Be Changed After 30 Days?
Sometimes, but it becomes significantly harder.
Once more than 30 days have passed, a judgment is generally considered an enrolled judgment.
Under Maryland Rule 2-535(b), a court may still revise an enrolled judgment in cases involving:
fraud, mistake, or irregularity.
These terms have narrow legal meanings.
It is not enough simply to argue that the judge reached the wrong result or misunderstood the evidence.
Can a Judgment Be Vacated for Fraud in Maryland?
Potentially.
Maryland law generally distinguishes between extrinsic fraud and intrinsic fraud when a party seeks to reopen an enrolled judgment.
What Is Extrinsic Fraud?
Extrinsic fraud is conduct that prevents a person from fairly presenting his or her case or participating in the litigation.
Examples may include:
- intentionally concealing the existence of the lawsuit;
- interfering with proper service;
- falsely convincing someone that the case has been dismissed;
- preventing a party from appearing at trial; or
- other conduct that prevents a genuine adversarial hearing.
Extrinsic fraud may provide grounds for revising an enrolled judgment.
What Is Intrinsic Fraud?
Intrinsic fraud involves dishonesty that occurs within the litigation itself.
Examples can include:
- perjury;
- false testimony;
- forged documents;
- fabricated evidence; or
- misleading statements made during trial.
In Maryland, intrinsic fraud alone generally does not justify reopening an enrolled judgment under Rule 2-535(b).
The reasoning is that the trial itself provides the opportunity to challenge testimony, cross-examine witnesses, object to evidence, and expose false information.
By contrast, extrinsic fraud interferes with the ability to have a fair trial in the first place.
What Do “Mistake” and “Irregularity” Mean?
The words mistake and irregularity also have narrow meanings under Maryland law.
A "mistake" generally does not mean that the judge simply made a factual or legal error. Maryland courts have traditionally applied the term much more narrowly, often in connection with jurisdictional problems.
An "irregularity" generally refers to a failure to follow required court procedure or process.
Because of these narrow definitions, a Motion to Revise filed after 30 days is very different from an ordinary motion asking the judge to reconsider a decision.
What Is the Difference Between a Motion to Reconsider and an Appeal?
A motion asking the trial court to alter, amend, or revise a judgment asks the same judge or trial court to reconsider what happened.
An appeal asks a higher court to review the trial court's decision.
Appeals usually focus on issues such as:
- incorrect interpretation of Maryland law;
- improper admission or exclusion of evidence;
- abuse of discretion;
- incorrect application of legal standards;
- procedural errors; or
- findings that are legally unsupported under the applicable standard of review.
Which approach is appropriate depends on the specific ruling and when the judgment was entered.
Maryland Post-Judgment Deadlines
As a practical rule, there are three important time periods to keep in mind.
Within 10 days: A Motion to Alter or Amend under Maryland Rule 2-534 may be available and may affect the deadline for filing an appeal.
Within 30 days: A Motion to Revise under Maryland Rule 2-535(a) may be available, and the ordinary deadline for filing a Notice of Appeal may also be running.
After 30 days: Revising the judgment becomes much more difficult and ordinarily requires grounds such as fraud, mistake, or irregularity under Maryland Rule 2-535(b).
These deadlines can overlap, which is why post-judgment strategy needs to be addressed quickly.
Should I File a Motion to Reconsider or an Appeal?
That depends on what happened in the case.
A Motion to Alter or Amend may make sense when the trial court can quickly correct its own ruling.
A Motion to Revise may be appropriate where the court still has revisory power over the judgment.
An appeal may be appropriate where the alleged error involves the application of law, evidentiary rulings, an abuse of discretion, or another issue that should be reviewed by a higher court.
In some cases, it may be necessary to consider both a post-judgment motion and an appeal in order to preserve the client's rights.
The safest approach is to review the judgment immediately because the applicable deadlines can begin running as soon as the judgment is entered.
Talk to a Maryland Attorney About Challenging a Judgment
If you believe a Maryland court entered an incorrect judgment, waited too long to consider important evidence, failed to address an issue, or entered a judgment affected by fraud or procedural irregularity, there may still be options available.
The appropriate remedy depends on the date of the judgment, the type of case, what happened at trial, and whether the deadline to appeal is still open.
Raby Law Office represents clients in Maryland family-law and civil matters, including motions to alter or amend judgments, motions to revise or vacate judgments, and appellate proceedings.