Md. R. Rev. Ct. App. & Spec. App. 8-502

As amended through November 13, 2024

Rule 8-502 - Filing of Briefs

(a) Duty to File; Time. Unless otherwise ordered by the appellate court:

(1)Appellant's Brief. No later than the date specified in the notice sent by the appellate clerk pursuant to Rule 8-412(c), an appellant other than a cross-appellant shall file a brief conforming to the requirements of Rule 8-503.

(2)Appellee's Brief. Within 30 days after the filing of the appellant's brief, the appellee shall file a brief conforming to the requirements of Rule 8-503.

(3)Appellant's Reply Brief. The appellant may file a reply brief not later than the earlier of 20 days after the filing of the appellee's brief or ten days before the date of scheduled argument.

Cross reference: The meaning of subsection (a)(3) is in accordance with Heit v. Stansbury, 199 Md. App. 155 (2011).

(4)Cross-Appellant's Brief. An appellee who is also a cross-appellant shall include in the brief filed pursuant to subsection (2) of this section the issues and arguments on the cross-appeal as well as the response to the brief of the appellant, and shall not file a separate cross-appellant's brief.

(5)Cross-Appellee's Brief. Within 30 days after the filing of that brief, the appellant/cross-appellee shall file a brief in response to the issues and argument raised on the cross-appeal and shall include any reply to the appellee's response that the appellant wishes to file.

(6)Cross-Appellant's Reply Brief. The appellee/cross-appellant may file a reply to the cross-appellee's response within 20 days after the filing of the cross-appellee's brief, but in any event not later than ten days before the date of scheduled argument.

(7)Multiple Appellants or Appellees. In an appeal involving more than one appellant or appellee, including actions consolidated for purposes of the appeal, any number of appellants or appellees may join in a single brief.

(8)Review of Discharge for Unconstitutionality of Law by the Appellate Court. No briefs need be filed in a review by the Appellate Court under Code, Courts Article, § 3-706.

(9) Informal Briefing in the Appellate Court

For cases in which at least one party is self-represented, the Chief Judge of the Appellate Court, by administrative order; may authorize informal briefing in one or more categories of appeals in that Court. The administrative order shall:

(A) list the categories of appeals to which it applies,

(B) state the protocols to be followed, including protocols to remove a case from informal briefing by stipulation of the parties or order of the Court, and

(C) promulgate forms to be used. The administrative order shall be posted on the Judiciary website, and paper copies of it shall be available to the public in the Office of the Clerk of the Appellate Court. A case designated for informal briefing is not subject to the requirements of Rules 8-501 through 8-504, except to the extent a Rule is incorporated into the informal briefing protocols set forth in the administrative order.

Committee note: Informal briefing in the Appellate Court is intended to provide meaningful review of issues raised by self-represented parties without requiring compliance with the technical requirements of Rules 8-501 through 8-504. Informal briefing does not preclude the Court from dismissing an appeal pursuant to Rule 8-602 for a reason other than failure to comply with a Rule made inapplicable by this Rule.

(b) Extension of Time.

(1) In the Supreme Court

In the Court of Appeals, the time for filing a brief may be extended by (A) joint stipulation of the parties filed with the clerk so long as the appellant's brief and the appellee's brief are filed at least 30 days, and any reply brief is filed at least ten days, before the scheduled argument, or (B) order of the Court entered on its own initiative or on motion filed pursuant to Rule 1-204.

(2) In the Appellate Court

Subsection (b)(2) of this Rule governs extensions of time for filing briefs in the Appellate Court.

(A) By Joint Stipulation

By joint stipulation filed with the clerk, the parties may extend the time for filing (i) a principal brief by no more than 30 days from the original due date of the brief, or (ii) a reply brief, provided that the reply brief will be filed at least ten days before argument or the date of submission on the brief.

(B) By Order of the Court

The court, on its own initiative or on motion filed pursuant to Rule 1-204, may extend the time for filing a brief. Absent urgent and previously unforeseeable circumstances, a motion shall be filed at least five days before the applicable due date. The motion shall:

(i) state that the moving party has sought the consent of the other parties and whether each party consents to the extension, and

(ii) if the requested due date is more than 30 days after the original due date, identify good cause for the extension request.

(c) Filing and Service. In an appeal to the Appellate Court, eight copies of each brief and eight copies of each record extract shall be filed, unless otherwise ordered by the court. Unless filing an informal brief pursuant to subsection (a)(9) of this Rule, incarcerated or institutionalized parties who are self-represented shall file eight copies of each brief and eight copies of each record extract. In the Supreme Court, eight copies of each brief and record extract shall be filed, unless otherwise ordered by the court. Two copies of each brief and record extract shall be served on each party pursuant to Rule 1-321.

(d) Default. If an appellant fails to file a brief within the time prescribed by this Rule, the appeal may be dismissed pursuant to Rule 8-602(c)(5). An appellee who fails to file a brief within the time prescribed by this Rule may not present argument except with permission of the Court.

(e)Citation of Supplemental Authority; Supplemental Memoranda, Briefs, and Oral Argument

(1) Citation of Supplemental Authority

If a pertinent and significant authority comes to a party's attention after the party's brief has been filed, including after oral argument but before the mandate issues, the party promptly may file a Notice of Supplemental Citation. The Notice shall set forth the citation, state the reason for the supplemental citation, and refer either to a page of a brief or to a point argued orally. The body of the Notice may not exceed 350 words. Any response shall be filed promptly and limited to 350 words.

Cross reference: See Rule 19-303.3, concerning an attorney's duty of candor to the tribunal.

(2) Supplemental Memoranda, Briefs, and Oral Argument

Upon receipt of a Notice of Supplemental Citation pursuant to subsection (e)(1) of this Rule, or on its own initiative, the Court may grant leave for, or direct the filing of, additional memoranda or supplemental briefs, and may require additional argument before, during, or after oral argument.

Md. R. Rev. Ct. App. & Spec. App. 8-502

This Rule is derived from former Rules 1030 and 830 with the exception of subsection (a)(8) which is derived from the last sentence of former Rule Z56, subsection (b)(2) which is in part derived from Rule 833 and in part new, and section (e) which is derived from Fed. R. App. P. 28(j) and the Fourth Circuit's Rule 28.

Adopted Nov. 19, 1987, eff. 7/1/1988. Amended June 5, 1996, eff. 1/1/1997; 3/5/2001, eff. 7/1/2001; 4/5/2005, eff. 7/1/2005; 9/10/2009, eff. 10/1/2009; 9/8/2011, eff. 1/1/2012; 11/21/2013, eff. 1/1/2014; 9/17/2015, eff. 1/1/2016; 4/9/2018, eff. 7/1/2018; amended June 29, 2020, eff. 8/1/2020; amended February 9, 2022, eff. 4/1/2022; amended April 21, 2023, eff. 4/1/2023.

HISTORICAL NOTES

2001 Orders

The March 5, 2001, order, in section (c), in the first and second sentences, inserted "and record extract.

2005 Orders

The April 5, 2005, order, in section (c), rewrote the first sentence, which previously read:

"In an appeal to the Court of Special Appeals, 15 copies of each brief and record extract shall be filed.

2009 Orders

The September 10, 2009, order, in section (c), substituted "10 copies for "seven copies.

2011 Orders

The September 8, 2011, order, in section (c), inserted the second sentence.

2013 Orders

The November 21, 2013, order, added certain language to subsection (a)(1); modified subsection (a)(3) to clarify the time for filing an appellantæTs reply brief; and added a cross reference after subsection (a)(3).

2015 Orders

The September 17, 2015, order, conformed the Rule to a proposed amendment to Rule 8-412.

2018 Orders

The April 9, 2018 order, amended the Rule to conform an internal reference to the reorganization of Rule 8-602.