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Session Laws, 1999
Volume 796, Page 2823   View pdf image
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Section 12-701(a)
Annotated Code of Maryland
(1998 Replacement Volume)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Courts and Judicial Proceedings

12-501.

(A) A party may appeal to the Court of Special Appeals from a final judgment
of an orphans' court.

(B) However, if the final judgment was given or made in a summary
proceeding, and on the testimony of witnesses, an appeal is not allowed under this
section unless the party desiring to appeal immediately gives notice of his THE
PARTY'S intention to appeal and requests that the testimony be reduced to writing.

(C) In such case the testimony shall be reduced to writing at the cost of the
party requesting it.

12-502.

(a) (1) (I) Instead of a direct appeal to the Court of Special Appeals
pursuant to § 12-501 of this subtitle, a party may appeal to the circuit court for the
county from a final judgment of an orphans' court.

(II) The appeal shall be heard de novo by the circuit court.

(III) The de novo appeal shall be treated as if it were a new
proceeding and as if there had never been a prior hearing or judgment by the orphans'
court.

(IV) The circuit court shall give judgment according to the equity of

the matter.

(2) This subsection does not apply to Harford County or Montgomery

County.

(b) (1) An appeal pursuant to this section shall be taken by filing an order
for appeal with the register of wills within 30 days after the date of the final
judgment from which the appeal is taken.

(2) Within 30 days thereafter the register of wills shall transmit all
pleadings and orders of the proceedings to the court to which the appeal is taken,
unless the orphans' court from which the appeal is taken extends the time for
transmitting these pleadings and orders.

12-701.

[(a) (1) An appeal from a final judgment of a court of law to which issues
have been sent from an orphans' court stays all proceedings in the orphans' court
concerning the subject of the issues.

 

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Session Laws, 1999
Volume 796, Page 2823   View pdf image
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