De Novo vs. On the Record Appeals in Maryland: What’s the Difference?

October 3, 2025
Business Litigation

In Maryland, the difference between a de novo and an on the record appeal is that a de novo appeal provides a completely new trial. In contrast, an on the record appeal involves a review of the original court proceedings for legal errors.

Receiving an unfavorable court decision can be a difficult and frustrating experience. The legal system offers avenues for challenging these outcomes, but the rules are complex and can feel like a maze.

A trial and appellate litigation attorney from Lusk Law, LLC can help clarify which path a case may take and build a strong argument tailored to the specific standard of review.

Wondering which type of appeal applies to your case? Schedule a confidential case assessment online or at (443) 535-9715 to further explore the following legal insights.

Key Takeaways About De Novo vs. On the Record Appeals in Maryland

De Novo Appeal: This is a “new trial” where the case is heard from scratch, when appealing a small claim decision (under $5,000) from the Maryland District Court to the Circuit Court. New evidence and testimony can be presented.
On the Record Appeal: This is a review of the trial court’s proceedings for legal mistakes. The appellate court only looks at the existing “appeal record” and does not accept new evidence. This is the standard for large claim appeals in the District Court (for an amount in controversy over $5,000) and for appeals from the Circuit Court to the Appellate Court of Maryland.
Different Courts, Different Rules: The type of appeal depends on the amount in controversy and the court that made the original decision. Appeals from lower-level courts in small claim matters (like District Court) are de novo, while appeals from higher trial courts (like Circuit Court) are on the record.
Strategic Impact: The standard of review dictates the legal strategy. A de novo appeal focuses on presenting the entire case again, while an on the record appeal centers on identifying and arguing specific legal errors made by the trial judge.
Why Legal Counsel Matters: The trial and appellate litigation attorneys at Lusk Law, LLC understand Maryland appellate laws, including those under the Maryland Rules of Procedure, Title 8 and Title 20. Contact them for a confidential consultation to explore your legal rights and options.
Common Cases: If the amount in controversy is less than $5,000, such as contract disputes, landlord-tenant issues, and construction litigation matters that are first heard in District Court are eligible for a de novo appeal in Circuit Court.

What is a De Novo Appeal in Maryland Court Cases?

A de novo appeal gives parties a real second chance. Instead of reviewing for legal mistakes, the circuit court starts the case entirely fresh.

This opportunity is available for small claims cases and certain landlord/tenant matters, depending on the type of complaint and the amount of the claim.

During a trial de novo, every point is back on the table. Evidence, testimony, and legal arguments can all be newly presented.

Attorneys play a hands-on role throughout this process, designing a strategy grounded in experience with Maryland trial and appellate litigation:

Develop a new approach for presenting the case, identifying areas where the original trial may have fallen short.
Gather and organize evidence, including documents, contracts, and witness statements, that may strengthen the client’s position.
Prepare and brief witnesses to give clear, persuasive testimony.
Anticipate and counter the opposing party’s new arguments.
Guide clients through procedural steps so that deadlines and court requirements do not become stumbling blocks.

By planning and executing a focused strategy, attorneys can use a de novo appeal to pursue a favorable case outcome, treating the process as a vital opportunity for a fair resolution.

What Is an On the Record Appeal in Maryland Court Cases?

An on the record appeal centers on a detailed review of what happened in the original trial, focusing on whether the trial judge followed the law correctly.

This form of appeal is standard in Maryland for large claim cases from the District Court to the Circuit Court and cases moving from the Circuit Court to the Appellate Court of Maryland.

Rather than starting over, appellate judges examine the appeal record, such as transcripts, evidence, and motions, to pinpoint any significant legal errors that influenced the outcome.

Attorneys play a pivotal role here by breaking down the full record, identifying issues that justify an appeal, and presenting a persuasive case to the appellate court.

The goal is to show where the trial court misapplied the law or failed to follow required procedures, not to revisit the facts.

Legal Issues Attorneys Target in On the Record Appeals

A strong on the record appeal is built around spotting and arguing issues like:

Errors in applying Maryland law: Interpreting a statute incorrectly or using the wrong legal standard can be grounds for reversal.
Improper admission or exclusion of evidence: Legal arguments can be made if the judge’s evidentiary decisions unfairly affected the case.
Procedural mistakes: Violations of the Maryland Rules of Procedure during trial can hurt the integrity of a verdict.
Abuse of discretion: Extreme or unreasonable decisions may require an appellate court’s intervention.

Attorneys pull together these legal points and craft appellate briefs highlighting how these missteps changed the outcome. Their advocacy turns a complex review process into a focused effort that fights for a fair result in the appellate courts.

How the Type of Appeal Impacts Your Maryland Case Strategy

The type of appeal, whether de novo or on the record, shapes the entire legal strategy for challenging a lower court’s decision. This distinction is especially important for cases involving:

business disputes
construction
litigation
real estate conflicts
other civil matters

Each type of appeal presents unique challenges and opportunities, and understanding which path is appropriate requires careful legal analysis.

Strategy for a De Novo Appeal: A Fresh Start

A de novo appeal offers a second chance to present your case from the ground up.

This type of appeal is common in Maryland’s District Court, such as for landlord-tenant disputes, small claims, and certain business contract disagreements, where the amount in dispute is less than $5,000.

Here’s how attorneys approach these cases:

Reassessing evidence: A de novo appeal allows for the introduction of new evidence that may have been unavailable or overlooked in the original trial. This is particularly valuable in cases where incomplete documentation or miscommunication impacted the outcome.
Preparing witnesses: Witness testimony can be refined and adjusted to address weaknesses from the first trial.
Rebuilding legal arguments: The legal strategy can be completely reworked to focus on the strongest points, ensuring the case is presented as effectively as possible.

De novo appeals are an opportunity to correct mistakes and present a stronger case, but they require a comprehensive retrial strategy. A confidential case evaluation with the attorneys at Lusk Law, LLC can help determine how to approach this fresh start and maximize the chances of success.

Strategy for an On the Record Appeal: A Focused Review

An on the record appeal is a detailed review of the trial court’s proceedings to identify legal errors.

This type of appeal is for cases where the amount in controversy is over $5,000 in District Court to the Circuit Court and cases from Circuit Court to the Appellate Court of Maryland, including complex business disputes and construction litigation.

Here’s how attorneys handle these cases:

Analyzing the trial record: Attorneys meticulously review the trial transcript, motions, and evidence to pinpoint errors that may have affected the outcome. This is critical in cases where procedural mistakes or misinterpretations of the law occurred.
Preserving issues for appeal: Not all errors can be appealed. Attorneys ensure that objections were properly raised during the trial to preserve the right to challenge those issues on appeal.
Crafting a persuasive appellate brief: The appellate brief is the cornerstone of an on the record appeal. It requires detailed legal research and compelling writing to demonstrate how the trial court’s errors impacted the case.

On the record appeals demand a sharp focus on legal details and a strong written argument. Misconceptions about what can be appealed often complicate these cases, making it essential to consult an attorney who understands Maryland’s appellate rules.

Is It Time to Appeal? When To Speak With a Maryland Appellate Attorney

Determining whether to appeal a court decision requires careful consideration of the facts and legal circumstances.

Misunderstandings about the process often lead people to miss their chance to challenge a ruling or to overlook the value of working with a new legal team.

Request a consultation from Maryland appellate litigation lawyers to understand how the following factors may indicate it is time to seek professional legal assistance:

Was the decision final? Appeals are generally available only for final judgments, where the trial court has resolved all claims and issues. Certain exceptions, like interlocutory appeals, apply only in specific situations.
Did the trial court make legal errors? Mistakes such as misapplying the law, excluding key evidence, or procedural missteps can provide grounds for an appeal.
Is new evidence available? For cases eligible for a de novo appeal, presenting new evidence or testimony can strengthen your position.
Were objections raised during the trial? On the record appeals require that objections to errors were made during the trial. Without this, the appellate court may not review those issues.
Are you considering a new lawyer? Transitioning to an attorney with experience in appellate litigation can bring a fresh perspective and a more strategic approach to your case.

Call (443) 535-9715 or complete a secure online form to get help identifying the most appropriate legal path to avoid mistakes that could hinder a Maryland appeal.

De Novo vs. On The Record Appeals FAQs

Can I choose which type of appeal to file?

No. The type of appeal is based on the type of underlying case and the amount in controversy in the original case. An attorney can confirm the correct appellate jurisdiction and process for a specific case.

What happens if I lose a de novo appeal in Circuit Court?

If you lose a de novo appeal in the Circuit Court, your next option is to file a Writ of Certiorari to the Maryland Supreme Court, however, only a small number of cases are accepted by the Maryland Supreme Court and there has to be public interest with the case.

Need Help With Litigation and Appeals in Maryland? Contact Lusk Law, LLC For Comprehensive Legal Support

Advocates For Life’s Obstacles and Opportunities

Understanding the difference between de novo vs. on the record appeals in Maryland is the first step toward making an informed decision about challenging a court’s ruling.

Each path requires a distinct strategy and a deep knowledge of Maryland appellate procedure. An unfavorable court outcome does not have to be the final word, but moving forward requires careful and timely action.

The attorneys at Lusk Law, LLC are experienced in trial and appellate litigation and understand the nuances of both types of appeals. Serving Frederick County and Central Maryland, they provide practical guidance grounded in real-world experience.

Are you considering an appeal for a business, landlord/tenant, real estate, or construction dispute? Contact Lusk Law, LLC at (443) 535-9715 or complete a secure online form to discuss your case.