Appeal of Magistrate Recommendations

Published on
May 26, 2020
Written by
Angel Murphy
Category
Legal Matters

Can I Appeal A Magistrate's Recommendation?

Many people are wary of a Magistrate's Recommendation after trial and have asked if they can appeal these recommendations. The answer is YES. In Maryland, if one party disagrees with the legal basis of the Magistrate's recommendations, they have the right to file an appeal. Exceptions are in the appeal process for Magistrate's Recommendations in Maryland. Under Maryland Rule 9-208, exceptions have to be filed by either party. However, the disagreeing party should take action quickly. The disagreeing party must submit their exceptions. It has to be no later than the date listed in the recommendations or the proposed order. This date is typically ten days after the recommendations have been placed on the record. A party can file exceptions to the Magistrate's recommendations once a judge has signed the recommendations into law or the Magistrate has made a verbal recommendation at the hearing.

What are the requirements for filing exceptions?

The exception has to be in writing. The exception should include the specific legal error the filing party believes the Magistrate made.The filing party must send this copy to the opposing party and/or their attorney. The exceptions must have a legal basis alleging that the Magistrate made an error in their ruling.A parent who disagrees with the schedule because they want more time with the child or disagrees with a child support amount because they do not want to pay more will not find much success in their exceptions. The disagreeing party has to argue that the Magistrate made a legal error. Therefore, a Judge should overrule the Magistrate's decision.A judge will review the exceptions. The review is typically based on the transcripts of the Pendente Lite hearing.The filing party should pay and order the transcript of the Pendente Lite hearing through the court reporter coordinator. They must file a certificate of compliance to show that they've ordered and submitted the transcript to the court. The filing party should send a copy of the transcript to the opposing party.If the hearing has to be recorded electronically, a motion can be filed requesting that the court accepts a copy of the electronic recording instead of written transcripts. The transcript costs may vary depending on the length and nature of the trial. This is the financial responsibility of the party filing the said exceptions.However, there are options other than ordering a transcript or electronic recording. The filing party can file a certification that no transcript is necessary to rule on the exception or file an agreed statement of facts instead of the transcript if the parties agree. The other party may also file an opposition or response to the exceptions.

If I File Exceptions Will I Need to Participate In Another Hearing?

Unless the filing party specifically requests a court hearing when the exceptions have been filed or the opposing party files,  a request for a hearing within 10 days of receiving their copy of the exceptions, the court can decide without a hearing. Ultimately, an exception hearing may be set at the discretion of the Judge. If Judge sets a hearing, they will notify the parties of the hearing date to defend the exceptions. This new hearing is not to litigate new issues that may have arisen between the parties. Instead, this exception hearing serves to provide an opportunity for the parties to argue for or against the legal errors the Magistrate may have made as written in the exceptions.It's best to consult with an experienced Maryland Family Law Attorney before deciding which action is best and if your case would qualify for exceptions. Filing Exceptions to a Magistrate's Recommendations in Maryland isn't easy. You need to follow crucial steps to ensure the process is correct. You need an experienced Maryland Family Law Attorney who will advocate on your behalf and ensure that the exceptions filed in your Maryland Family Law matter cater to the facts of your case. Contact Angel Murphy with The Murphy Law Firm, LLC today to schedule a consultation at (240) 493-9116. If you are active on social media, Like us on Facebook @AMurphyLegal, Follow us on Instagram @AMurphyLegal, and on Twitter @AMurphy_Legal

Angel Murphy

Personable. Passionate. Persistent.

Appeal|Appealing Magistrate Recommendations|Exception Hearing|Exceptions|Exceptions after Trial|Filing Exception Process|Magistrate Recommendations|Maryland Court|Maryland Judges|Maryland Magistrates|Requirements of Filing Exceptions

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