RULE 8-206. ADR; SCHEDULING CONFERENCE; ORDER TO PROCEED
West's Annotated Code of MarylandMaryland Rules
MD Rules, Rule 8-206
RULE 8-206. ADR; SCHEDULING CONFERENCE; ORDER TO PROCEED
(1) Order to Attend. Upon the filing of any appeal to the Court of Special Appeals, the Chief Judge or a judge designated by the Chief Judge, on motion of a party or on the judge's own initiative, may enter an order directing the parties, their attorneys, or both, to appear before an incumbent or senior judge of the Court at a time and place specified in the order or to be determined by the designated judge.
(A) any claim that the appeal is not timely, that there is no final or otherwise appealable judgment, that the appeal is moot, or that an issue sought to be raised in the appeal is not preserved for appellate review and, in the absence of an agreement to dismiss the appeal or limit the issues, whether it is feasible for any such issue to be presented to the Court in an appropriate preliminary motion;
(3) Implementing Order. Within 30 days after conclusion of a scheduling conference, the parties or the judge may present to the Chief Judge a proposed order to implement any agreements or determinations made at the conference. The Chief Judge shall review a proposed order and proceed in the manner set forth in Rule 17-404 (f)(2) and (3).
(4) Sanctions. Upon the failure of a party or attorney to comply with an order entered under subsection (b)(1) of this Rule, the Court, after an opportunity for a hearing, may impose any appropriate sanction, including (A) dismissal of the appeal, (B) assessing against the party or attorney the reasonable expenses caused by the failure, including reasonable attorney's fees, and (C) assessing against the party or attorney all or part of the appellate costs.
(c) Order to Proceed. The Court shall enter an order to proceed with the appeal in conformance with the Rules in this Title if (1) the Court does not enter an order under section (a) or (b) of this Rule, or (2) at the conclusion of ADR ordered pursuant to section (a) or a scheduling conference ordered pursuant to section (b), it appears that the appeal will not be dismissed.
Source: This Rule is new.
Credits
[Adopted Nov. 19, 1987, eff. July 1, 1988. Amended Dec. 10, 1996, eff. July 1, 1997; Oct. 17, 2013, eff. Jan. 1, 2014. Deleted and re-adopted Dec. 7, 2015, eff. Jan. 1, 2016; June 20, 2017, eff. Aug. 1, 2017.]
MD Rules, Rule 8-206, MD R A CT AND SPEC A Rule 8-206
Current with amendments received through February 1, 2023. Some sections may be more current, see credits for details.
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