RULE 20-402. TRANSMITTAL OF RECORD
West's Annotated Code of MarylandMaryland RulesEffective: April 1, 2023
Effective: April 1, 2023
MD Rules, Rule 20-402
RULE 20-402. TRANSMITTAL OF RECORD
(1) Certification. Upon the filing of a notice of appeal, application for leave to appeal, or notice that the Supreme Court has issued a writ of certiorari directed to a lower court, the clerk of the trial court shall comply with the requirements of Title 8 of the Maryland Rules and prepare a certification of the record.
(A) Transmittal through MDEC. For purposes of Rule 8-412, the record is deemed transmitted to the appellate court when the lower court dockets and transmits to the appellate court through the MDEC system a certified copy of the docket entries (“Case Summary”), together with a statement of the cost of preparing and certifying the record, the costs assessed against each party prior to the transmission of the record, and the cost of all transcripts and of copies, if any, of the transcripts for each of the parties.
(B) Transmittal of Non-Electronic Parts of the Record. The clerk shall (i) transmit to the appellate court as required under the Rules in Title 8 any part of the record that is not in electronic format in the MDEC system, including audio, audio-video, or video recordings offered or used at a hearing or trial that have not been scanned into the MDEC system, and (ii) enter on the docket a notice (a) that the non-electronic part was so transmitted and (b) that, from and after the date of the notice, the entire record so certified is in the custody of the appellate court.
Cross reference: See Rules 8-412 and 8-413.
(b) Custody of Trial Court Submissions. Upon the docketing and transmittal provided for in subsection (a)(2) of this Rule, the record of all submissions filed on or prior to the date of the notice shall be deemed to be in the custody of the appellate court. Except as otherwise ordered by the appellate court, submissions filed in the trial court after the date of the notice shall not be part of the appellate record but shall be within the custody and jurisdiction of the trial court.
Committee note: Under MDEC, the electronic part of the record is not physically transmitted to the appellate court. It remains where it is but, upon entry of the notice referred to in sections (a) and (b), (1) it is regarded as within the custody of the appellate court, and (2) the judges, clerks, and other authorized employees of the appellate court have full remote electronic access to it. See section (d) of this Rule.
(c) Appellate Submissions During Pendency of Appeal. Subject to section (e) of this Rule and unless otherwise ordered by the appellate court, submissions filed with or by the appellate court during the pendency of the appeal after the date of the docketing and transmittal pursuant to subsection (a)(2) of this Rule shall be part of the appellate court record.
(e) Procedure Upon Completion of Appeal. Upon completion of the appeal, the clerk of the appellate court shall add to the record certified by the clerk of the trial court any opinion, order, or mandate of the appellate court disposing of the appeal and a notice that, subject to the court's mandate and any further order of the appellate court, from and after the date of the notice, the record is returned to the custody of the trial court. For purposes of Rule 8-606 (d), the record is deemed transmitted to the lower court when the appellate court's mandate is transmitted to the lower court through the MDEC system.
Source: This Rule is new.
Credits
[Adopted May 1, 2013, eff. July 1, 2013. Amended June 20, 2017, eff. Aug. 1, 2017; Feb. 9, 2022, eff. April 1, 2022; April 21, 2023, eff. nunc pro tunc April 1, 2023.]
MD Rules, Rule 20-402, MD R EFILING Rule 20-402
Current with amendments received through February 1, 2024. Some sections may be more current, see credits for details.
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