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Validity of court appeal (question whether appeal is valid or not)

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tonyd7

Junior Member
I was plaintiff in Maryland District Court small civil case.
Case was ruled in my favour.
Defendant filed Civil Appeal form and case is now
in Maryland Circuit Court awaiting scheduling of trial date.

A few days ago I discovered that Civil Appeal form was not signed
either by defendant or defendant's attorney
(probably it was filed by relative or friend of defendant).

I have proof of that, because I have other papers with signature of defendant.
Civil Appeal form signed with the name of defendant, but it is not signature of defendant.

My questions:

Is this form and appeal valid if it was not signed
either by defendant or defendant's attorney?

If it is not valid, should I write about it to District Court (where appeal was filed) or
should I write about it to Circuit Court (where appeal case is now awaiting trial)?

Thank you in advance for your reply.

Below is Rule 1-311 from Maryland General Provisions

================================================
Rule 1-311. Signing of pleadings and other papers

(a) Requirement.- Every pleading and paper of a party represented by an attorney shall be signed by at least one attorney who has been admitted to practice law in this State and who complies with Rule 1-312. Every pleading and paper of a party who is not represented by an attorney shall be signed by the party. Every pleading or paper filed shall contain the address and telephone number of the person by whom it is signed. It also may contain that person's business electronic mail address and business facsimile number.

(b) Effect of signature.- The signature of an attorney on a pleading or paper constitutes a certification that the attorney has read the pleading or paper; that to the best of the attorney's knowledge, information, and belief there is good ground to support it; and that it is not interposed for improper purpose or delay.

(c) Sanctions.- If a pleading or paper is not signed as required (except inadvertent omission to sign, if promptly corrected) or is signed with intent to defeat the purpose of this Rule, it may be stricken and the action may proceed as though the pleading or paper had not been filed. For a willful violation of this Rule, an attorney is subject to appropriate disciplinary action.
 


tranquility

Senior Member
You're not going to get an appeal kicked because you think it wasn't signed by the right person. Even if the law would have such an effect on an authorized, but not actual, signature, it would cost you more for the experts required to prove it than the case is worth.
 

Tex78704

Member
It may be that the copy they sent you is not signed, and the original on file in the court is signed.

(c) Sanctions.- If a pleading or paper is not signed as required (except inadvertent omission to sign, if promptly corrected)...
Even if they did not sign it, and after you notify them of this error, they will claim it was an "inadvertent omission", and "promptly correct it". Which will end up having been a waste of time and effort on your part. And will not stop the trial in circuit court.
 
I have proof of that, because I have other papers with signature of defendant.
Civil Appeal form signed with the name of defendant, but it is not signature of defendant.
If true, it would invalidate the filing. Proving it may require a handwriting expert, not a cheap proposition.

Appellate courts follow the rules with iron fists ...

I would go to the courthouse and view/copy the actual filed documents (not the docs you were served with) ... the court will say the filed document controls.

The appellant can say his hand was damaged .... only an expert can see through this, if it is false.
 

menchari

Member
I agree, most states procedures are very similar to Fed rule 11, which states that either the attorney representing the party or the individual(s) filing pro se must sign all motions presented to a court. So as long as the court copy does not have a signature then you are correct and you would need to file a motion pointing that out. It is not unheard of for an unsigned copy to be mailed by the opposing party.
 

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