Md. R. Rev. Ct. App. & Spec. App. 8-511

As amended through November 13, 2024

Rule 8-511 - [Effective 1/1/2025] Amicus Curiae

(a) Authorization to File Amicus Curiae Brief. An amicus curiae brief may be filed only:

(1) upon written consent of all parties to the appeal;

(2) by the Attorney General in any appeal in which the State of Maryland may have an interest;

(3) upon request by the Court;

(4) as provided in subsection (e)(1) of this Rule; or

(5) upon the Court's grant of a motion filed under section (b) of this Rule.

(b)Motion and Brief.

(1)Content of Motion. A motion requesting permission to file an amicus curiae brief shall:

(A) identify the interest of the movant;

(B) state the reasons why the amicus curiae brief is desirable;

(C) state whether the movant requested of the parties their consent to the filing of the amicus curiae brief and, if not, why not;

(D) state the issues that the movant intends to raise; and

(E) identify every person, other than the movant, its members, or its attorneys, who made a monetary or other contribution to the preparation or submission of the brief, and identify the nature of the contribution.

(2)Attachment of Brief. The proposed amicus curiae brief shall be attached to the motion.

(3)If Motion Granted. If the motion is granted, the brief shall be regarded as having been filed when the motion was filed. Promptly after the order granting the motion is filed, the amicus curiae shall file and serve paper copies of the brief as required by Rule 8-502(c).

(c)Time for Filing.

Except as required by subsection (e)(3) of this Rule and unless the Court orders otherwise, an amicus curiae brief shall be filed no later than seven days after the principal brief of the party being supported is filed. An amicus curiae that does not support either party shall file its brief no later than seven days after the appellant's or petitioner's principal brief is filed.

(d)Compliance With Rules 8-503 and 8-504.

(1) Generally

An amicus curiae brief shall comply with the applicable provisions of Rules 8-503 and 8-504, except as provided in subsection (d)(2) of this Rule.

(2) Exception

An amicus curiae brief filed pursuant to subsection (e)(1) or (f)(3) of this Rule shall comply with the applicable provisions of Rule 8-112. It may, but need not, comply with the provisions of Rules 8-503 and 8-504.

(e)Brief Supporting or Opposing Discretionary Review

(1) Motion Not Required

An amicus curiae brief may be filed in the Supreme Court on the question of whether the Court should issue a writ of certiorari or other extraordinary writ, or in the Appellate Court on the question of whether the Court should grant an application for leave to appeal. A motion requesting permission to file such an amicus brief is not required, provided that the amicus curiae brief is signed by an attorney pursuant to Rule 1-311.

(2) Required Contents

A brief filed pursuant to subsection (e)(1) of this Rule shall state whether, if the writ is issued or application is granted, the amicus curiae intends to seek consent of the parties or move for permission to file an amicus curiae brief on the issues before the Court.

(3) Time for Filing

(A) Unless the Court orders otherwise, an amicus curiae brief on the question of whether the Supreme Court should issue a writ of certiorari or other extraordinary writ shall be filed within seven days after the petition is filed.

(B) Unless the Court orders otherwise, an amicus curiae brief on the question of whether the Appellate Court should grant an application for leave to appeal shall be filed within 15 days after the record is transmitted pursuant to Rule 8-204(c)(1).

(4) Length

A brief filed pursuant to subsection (e)(1) of this Rule shall not exceed 1,900 words.

(f)Reply Brief; Oral Argument; Brief Supporting or Opposing Motion for Reconsideration. Without permission of the Court, an amicus curiae may not (1) file a reply brief, (2) participate in oral argument, or (3) file a brief in support of, or in opposition to, a motion for reconsideration. Permission may be granted only for extraordinary reasons.

Md. R. Rev. Ct. App. & Spec. App. 8-511

This Rule is derived in part from Fed.R.App.P. 29 and Sup.Ct.R. 37 and is in part new.

Adopted Nov. 19, 1987, eff. 7/1/1988. Amended Nov. 8, 2005, eff. 1/1/2006; 11/21/2013, eff. 1/1/2014; 9/17/2015, eff. 1/1/2016; amended February 9, 2022, eff. 4/1/2022; amended April 21, 2023, eff. 4/1/2023; amended April 5, 2024, eff. 7/1/2024; amended Oct. 15, 2024, eff. 1/1/2025.

HISTORICAL NOTES

2005 Orders

The November 8, 2005, order, in section (b), in the second sentence, inserted item (4), relating to persons and entities who contribute to the preparation or submission of a brief; and amended the source note.

2013 Orders

The November 21, 2013, order, authorized the filing of an amicus curiae brief upon the written consent of all parties; authorized the filing of an amicus curiae brief by the Attorney General under certain circumstances; specified the contents of, attachments to, and service requirements for a motion requesting permission to file an amicus curiae brief; added a cross reference; added certain provisions pertaining to the granting of a motion for permission to file an amicus curiae brief; specified a time for filing certain motions and briefs; added provisions pertaining to the filing of an amicus curiae brief on the issue of whether a writ of certiorari or other extraordinary writ should be issued; required compliance with certain Rules; permitted certain briefs to be filed only with permission of the Court; specified when an appellee may file a limited reply brief; and made stylistic changes.

2015 Orders

The September 17, 2015, order, revised the time by which appellee may file a reply brief under certain circumstances and specified a word count limitation in lieu of a page count limitation.