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RULE 7-207. MEMORANDA

West's Annotated Code of MarylandMaryland Rules

West's Annotated Code of Maryland
Maryland Rules
Title 7. Appellate and Other Judicial Review in Circuit Court
Chapter 200. Judicial Review of Administrative Agency Decisions
MD Rules, Rule 7-207
RULE 7-207. MEMORANDA
(a) Generally. Within 30 days after the clerk sends notice of the filing of the record, a petitioner shall file a memorandum setting forth a concise statement of the questions presented for review, a statement of facts material to those questions, and argument on each question, including citations of authority and references to pages of the record and exhibits relied on. Within 30 days after service of the memorandum, any person who has filed a response, including the agency when entitled by law to be a party to the action, may file an answering memorandum in similar form. The petitioner may file a reply memorandum within 15 days after service of an answering memorandum. Except with the permission of the court, a memorandum shall not exceed 35 pages. In an action involving more than one petitioner or responding party, any petitioner or responding party may adopt by reference any part of the memorandum of another.
(b) When Not Required. Memoranda are not required in an action for judicial review of a decision of the Workers' Compensation Commission where the review is de novo.
Committee note: Memoranda are required in an action for judicial review of the amount of an attorney's fee in a Worker's Compensation case, because the review is on the record of the Worker's Compensation Commission. See Mitchell v. Goodyear Service Store, 306 Md. 27 (1986).
(c) Modification of Time Requirements. The time for filing a memorandum may be shortened or extended by (1) stipulation of the parties filed with the clerk so long as the first memorandum and any answering memorandum are filed at least 30 days, and any reply memorandum is filed at least ten days, before the scheduled hearing, or (2) order of the court entered pursuant to Rule 1-204.
(d) Sanctions for Late Filing of Memoranda. If a petitioner fails to file a memorandum within the time prescribed by this Rule, the court may dismiss the action if it finds that the failure to file or the late filing caused prejudice to the moving party. A person who has filed a response but who fails to file an answering memorandum within the time prescribed by this Rule may not present argument except with the permission of the court.
Committee note: The Committee intends that all issues and allegations of error be raised in the memoranda, and that ordinarily an issue not raised in a memorandum should not be entertained at argument. The Committee does not intend to preclude a person who has filed a preliminary motion, but not an answering memorandum, from arguing the issues raised in the preliminary motion.
Cross reference: Gaetano v. Calvert County, 310 Md. 121 (1987).
Source: This Rule is in part derived from former Rule B12 and in part new.

Credits

[Adopted March 30, 1993, eff. July 1, 1993. Amended Dec. 10, 1996, eff. July 1, 1997.]

Editors' Notes

HISTORICAL NOTES
Derivation:
Maryland Rule of Procedure B12, adopted Sept. 15, 1961, eff. Jan. 1, 1962, amended Oct. 1, 1980, eff. Jan. 1, 1981, related to memoranda, rescinded March 30, 1993, eff. July 1, 1993.
MD Rules, Rule 7-207, MD R CIR CT Rule 7-207
Current with amendments received through February 1, 2019.
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