Filing Exceptions after a Magistrate's Hearing
When the magistrate gets it wrong, you have the right to file exceptions (like an appeal) to their report.
In Maryland courts, a magistrate may hold hearings, accept evidence and prepare reports and recommendations in family court hearings. They often sit in the same chairs as judges, but do not wear robes, and after the hearing, they will prepare reports and proposed orders for judges to sign off on. After a hearing before a family law Magistrate, recommendations can be read into the record at the hearing or issue a written Report and Recommendations and sent to parties and counsel. If within the Magistrate's Report and Recommendations, there are errors, parties may file Exceptions to the Report or Recommendations. Either party may file exceptions within the time period allowed by law. The exceptions must be in writing and set forth the errors of the Magistrate with specificity.
In the Report and Recommendations, the court will usually include a Notice Regarding Exceptions and outline the process of filing Exceptions. Exceptions are primarily governed by Maryland Rules, and have a strict procedure for timely filing.
Short Window for Timely Filing
In accordance with the Maryland Rules, a party intending to file Exceptions to the Report of the Magistrate must file the Exceptions with the Clerk of the Court within ten (10) days after the Report and Recommendations are placed on the record or served to the parties. The court will generally allow three (3) days for mailing if the Report and Recommendations are not placed on the record, and only served through the mail. The Exceptions must have a certification showing the date that copies were mailed to counsel for the opposing party or directly to the opposing party if not represented by counsel.
Unless a transcript has been filed, a transcript of the Magistrate's hearing must be ordered at the time of filing of Exceptions, and filed within 30 days or not exceeding 60 days after Exceptions are filed.
Ordering Transcript in Circuit Court for Baltimore City
Ordering Transcript in Circuit Court for Anne Arundel County
Ordering Transcript in Circuit Court for Howard County
Ordering Transcript in Circuit Court for Prince George's County
Each Circuit Court may have a different process on how a transcript may be ordered, but after obtaining the transcript it must also be served on opposing parties.
In accordance with the Maryland Rules, in the event that Exceptions are timely filed, an order or judgment based on the Magistrate's recommendation shall not be entered until the court rules on the Exceptions. If Exceptions are not timely filed, the court may direct the entry of the order or judgment as recommended by the Magistrate. The court may also have a subsequent hearing on the Exceptions or rule without a hearing on the Exceptions filed.
For more information on filing Exceptions in Maryland, contact the Law Office of Jerry Williams III at (410) 415-3617, send us an email at [email protected] or use our online contact form.
Law Office of Jerry Williams III, is conveniently located in Annapolis, Maryland. We represent and advise clients on filing Exceptions across the State of Maryland including Anne Arundel, Baltimore, Montgomery, Harford, Howard, and Prince George's County. Contact our office today to set up a time to determine whether filing exceptions is necessary.