Rule 8-603 - Motion to Dismiss Appeal(a)Time for Filing. Unless included in the appellee's brief as permitted by section (c) of this Rule or by order of the appellate court, a motion to dismiss shall be filed within the following time periods: (1) ten days after the record was or should have been filed pursuant to Rule 8-412 if the motion is based on subsection (b)(2), (c)(1), (c)(3), or (c)(4) of Rule 8-602;(2) ten days after the Civil Appeal Information Report was or should have been filed pursuant to Rule 8-205 if the motion is based on subsection (c)(2) of Rule 8-602;(3) ten days after the appellant's brief was or should have been filed pursuant to Rule 8-502 if the motion is based on subsection (c)(5) or (6) of Rule 8-602;(4) ten days after the case becomes moot, if the motion is based on subsection (c)(8) of Rule 8-602.(b)Where Filed. A motion to dismiss and any response shall be filed with the Clerk of the appellate court.(c) Included in Appellee's Brief. A motion to dismiss based on subsection (b)(1), (b)(2), (c)(1), (c)(7), or (c)(8) of Rule 8-602 may be included in the appellee's brief. The appellant may include in a reply brief any response to the motion.(d) Affidavit. A motion to dismiss or response that is based on facts not contained in the record or papers on file in the appellate court shall be supported by affidavit and accompanied by any part of the record or papers on which it is based.(e) Request for Hearing. A party desiring oral argument on a motion to dismiss in advance of argument on the merits shall so request in the motion or response under the heading "Request for Hearing.(f) Separate Oral Argument.(1)Not Unless Directed by the Court. Oral argument on a motion to dismiss will not be held in advance of argument on the merits unless directed by order of the Court.(2)Briefs. If the Court directs oral argument on a motion to dismiss in advance of argument on the merits, the parties, with permission of the Court, may file briefs in support of or in opposition to the motion. Not later than one day before the date assigned for argument (A) an original shall be filed with the Clerk together with three copies in the Appellate Court or seven copies in the Supreme Court, and (B) a copy shall be delivered to other parties. Unless otherwise ordered by the Court, the briefs shall not exceed 2,600 words in the Appellate Court or 6,500 words in the Supreme Court.(3)Time; Number of Counsel. Unless otherwise ordered by the Court, separate oral argument on a motion to dismiss is restricted to 15 minutes for each side, and only one attorney may argue for each side.Md. R. Rev. Ct. App. & Spec. App. 8-603
This Rule is derived from former Rules 1036, 1037, 836, and 837.
Adopted Nov. 19, 1987, eff. 7/1/1988. Amended Sept. 17, 2015, eff. 1/1/2016; 4/9/2018, eff. 7/1/2018; amended April 21, 2023, eff. 7/1/2023.HISTORICAL NOTES
2015 Orders
The September 17, 2015, order, specified word count limitations in lieu of page limitations.
2018 Orders
The April 9, 2018 order, amended the Rule to conform internal references to the reorganization of Rule 8-602.