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RULE 8-523. CONSIDERATION ON BRIEF

West's Annotated Code of MarylandMaryland RulesEffective: August 1, 2020

West's Annotated Code of Maryland
Maryland Rules
Title 8. Appellate Review in the Court of Appeals and Court of Special Appeals
Chapter 500. Record Extract, Briefs, and Argument
Effective: August 1, 2020
MD Rules, Rule 8-523
RULE 8-523. CONSIDERATION ON BRIEF
(a) Submission on Brief by Party.
(1) In Court of Special Appeals. In the Court of Special Appeals, a party to a case the Court has scheduled for argument may submit for consideration on brief by filing a notice with the Clerk at least ten days prior to argument. Before filing a notice submitting on brief, a party shall attempt to ascertain whether any other parties to the appeal also will submit on brief and state the position of those other parties in the notice. The Court may require oral argument from either side or both sides, notwithstanding the submission on brief.
(2) In Court of Appeals. In the Court of Appeals a party may not submit an appeal for consideration on brief except with permission of the Court. A request to submit on brief shall be made in writing at least 15 days before argument.
(b) Directed by Court of Special Appeals.
(1) When Directed. In the Court of Special Appeals, if all the judges of the panel to which an appeal has been assigned conclude, after the filing of the appellant's brief, that oral argument would not be of assistance to the Court because of the nature of the questions raised, the Court shall direct that the appeal be considered on brief without oral argument. The Clerk shall promptly mail notice to all parties that the Court has directed consideration of the appeal on brief.
(2) Request for Oral Argument. If pursuant to subsection (1) of this section the Court directs that an appeal be considered on brief without oral argument, any party may file a request for oral argument. The request shall be filed within ten days after the later of (A) the date the Clerk mails the notice required by subsection (1) of this section or (B) the date the appellee's brief is filed. If the Court grants the request for oral argument, the appeal shall be assigned for argument pursuant to Rule 8-521. Unless the Court specifies otherwise in its order granting the request, oral argument shall be as provided in Rule 8-522.
Source: This Rule is derived from former Rules 846 d, 1047, and 1038.

Credits

[Adopted Nov. 19, 1987, eff. July 1, 1988. Amended June 29, 2020, eff. Aug. 1, 2020.]
MD Rules, Rule 8-523, MD R A CT AND SPEC A Rule 8-523
Current with amendments received through December 1, 2022. Some sections may be more current, see credits for details.
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