Md. R. Rev. Ct. App. & Spec. App. 8-504

As amended through November 13, 2024

Rule 8-504 - Contents of Brief

(a) Contents. A brief shall comply with the requirements of Rule 8-112 and include the following items in the order listed:

(1) A table of contents and a table of citations of cases, constitutional provisions, statutes, ordinances, rules, and regulations, with cases alphabetically arranged. When a reported Maryland case is cited, the citation shall include a reference to the official Report.

Cross reference: Citation of unreported opinions is governed by Rule 1-104.

(2) A brief statement of the case, indicating the nature of the case, the course of the proceedings, and the disposition in the lower court, except that the appellee's brief shall not contain a statement of the case unless the appellee disagrees with the statement in the appellant's brief.

(3) A statement of the questions presented, separately numbered, indicating the legal propositions involved and the questions of fact at issue expressed in the terms and circumstances of the case without unnecessary detail.

(4) A clear concise statement of the facts material to a determination of the questions presented, except that the appellee's brief shall contain a statement of only those additional facts necessary to correct or amplify the statement in the appellant's brief. Reference shall be made to the pages of the record extract or appendix supporting the assertions. If pursuant to these rules or by leave of court a record extract is not filed, reference shall be made to the pages of the record or to the transcript of testimony as contained in the record.

Cross reference: Rule 8-111(b).

(5) A concise statement of the applicable standard of review for each issue, which may appear in the discussion of the issue or under a separate heading placed before the argument.

(6) Argument in support of the party's position on each issue.

(7) A short conclusion stating the precise relief sought.

(8) In the Appellate Court, a statement as to whether the party filing the brief requests oral argument.

(9) If the brief is prepared with proportionally spaced type, a Certification of Word Count and Compliance with Rule 8-112 substantially in the form set forth in subsection (a)(9)(A) of this Rule. The party or amicus curiae providing the certification may rely on the word count of the word-processing system used to prepare the brief.

(A) Form

A Certification of Word Count and Compliance with Rule 8-112 shall be substantially in the following form:

CERTIFICATION OF WORD COUNT AND COMPLIANCE WITH RULE 8-112

1. This brief contains __________ words, excluding the parts of the brief exempted from the word count by Rule 8-503.

2. This brief complies with the requirements stated in Rule 8112.

(10) The citation and verbatim text of all pertinent constitutional provisions, statutes, ordinances, rules, and regulations except that the appellee's brief shall contain only those not included in the appellant's brief.

(11) Unless filed as a separate document, a certificate of service in compliance with Rule 1-323.

Cross reference: For requirements concerning the form of a brief, see Rule 8-112.

(b)Appendix.

(1)Generally. Unless the material is included in the record extract pursuant to Rule 8-501, the appellant shall reproduce, as an appendix to the brief, the pertinent part of every ruling, opinion, or jury instruction of each lower court that deals with points raised by the appellant on appeal. If the appellee believes that the part reproduced by the appellant is inadequate, the appellee shall reproduce, as an appendix to the appellee's brief, any additional part of the instructions or opinion believed necessary by the appellee.

(2)Appeals in Juvenileand Criminal Prosecution or Conviction Cases. In an appeal from an order relating to a child entered by a court exercising juvenile jurisdiction or an appendix required to be filed under seal as defined in Rule 8 - 125(b)(2), each appendix shall be filed as a separate volume and, unless otherwise ordered by the court, shall be filed under seal.

Cross reference: See Rules 8-121, 8-122, 8-123, and 8-124.

Committee note: Rule 8-501(j) allows a party to include in an appendix to a brief any material that inadvertently was omitted from the record extract.

(c)Effect of Noncompliance. For noncompliance with this Rule, the appellate court may dismiss the appeal or make any other appropriate order with respect to the case, including an order that an improperly prepared brief be reproduced at the expense of the attorney for the party for whom the brief was filed.

Md. R. Rev. Ct. App. & Spec. App. 8-504

This Rule is derived as follows:

Section (a) is derived from former Rules 831 c and d and 1031 c 1 through 5 and d 1 through 5, with the exception of subsection (a)(6) which is derived from FRAP 28(a)(5).

Section (b) is derived in part from Fed. R. App. P. 32 and former Rule 1031 c 6 and d 6, and is in part new.

Section (c) is derived from former Rules 831 g and 1031 f.

Adopted Nov. 19, 1987, eff. 7/1/1988. Amended Dec. 10, 1996, eff. 7/1/1997; 12/16/1999, eff. 1/1/2000; 3/5/2001, eff. 7/1/2001; 11/12/2003, eff. 1/1/2004; 9/10/2009, eff. 10/1/2009; 9/8/2011, eff. 1/1/2012; 12/13/2016, eff. 4/1/2017; 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

1999 Orders

The December 16, 1999, order, in section (a) added a reference to Rule 8-112; deleted the cross reference following section (a); and amended the source note.

2001 Orders

The March 5, 2001, order in section (b), rewrote the subsection caption and rewrote the first sentence, which read:

"(b) In the Court of Special Appeals--Extract of Instructions of Opinions in Criminal Cases. In criminal cases in the Court of Special Appeals, the appellant shall reproduce, as an appendix to the brief, the pertinent part of any jury instructions or opinion of the lower court that deals with points raised by the appellant on appeal.

2003 Orders

The November 12, 2003, order added the cross reference following subsec. (a)(1); and added the committee note following section (b).

2009 Orders

The September 10, 2009, order, in section (b), inserted "Unless the material is included in the record extract pursuant to Rule 8-501,.

2011 Orders

The September 8, 2011, order inserted section (a)(5); and redesignated former sections (a)(5) to (a)(8) as sections (a)(6) to (a)(9).

2016 Orders

The December 13, 2016, order, required that an appendix to a brief in certain appellate proceedings be separate from the brief and filed under seal.