Chula Vista, CA asked in Appeals / Appellate Law, Divorce and Child Custody for Maryland

Q: If the plaintiff lose a case to the defendant, can the plaintiff file an appeal to have defendant trial twice?

The plaintiff file false domestic violence restraining order case in the District Court and was found to lie. The defendant won the case. Can the plaintiff file an appeal to have the defendant trail twice for the same case?

2 Lawyer Answers
Charles William Michaels
PREMIUM
Charles William Michaels
Answered
  • Appeals & Appellate Lawyer
  • Baltimore, MD
  • Licensed in Maryland

A: Either party who is dissatisfied with the results in the trial court can appeal. If the case was in the District Court, the appeal goes to the Circuit Court.

Mark Oakley
Mark Oakley
Answered
  • Criminal Law Lawyer
  • Rockville, MD
  • Licensed in Maryland

A: If the first case was tried in the District Court, then under the law the losing party can appeal and get a brand new trial in the Circuit Court before a Circuit Court Judge, and obtain a different result that replaces whatever happened in District Court. If the petition was started in Circuit Court originally, then an appeal would not result in a new trial—only a review for legal errors in the decision. If you won in District Court, order the transcript of the District Court trial so you can use the petitioner’s testimony in cross examination in case they change what they say, or add things they didn’t say in the first trial.

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