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RULE 8-206. ADR; SCHEDULING CONFERENCE; ORDER TO PROCEED

West's Annotated Code of MarylandMaryland Rules

West's Annotated Code of Maryland
Maryland Rules
Title 8. Appellate Review in the Court of Appeals and Court of Special Appeals
Chapter 200. Obtaining Review in Court of Special Appeals
MD Rules, Rule 8-206
RULE 8-206. ADR; SCHEDULING CONFERENCE; ORDER TO PROCEED
(a) ADR. Upon the filing of an appellant's information report pursuant to Rule 8-205, the Court of Special Appeals may enter an order referring the parties, their attorneys, or both to a prehearing conference or mediation pursuant to the Rules in Title 17, Chapter 400.
(b) Scheduling Conference.
(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.
(2) Purposes. The primary purposes of a scheduling conference are to identify and attempt to resolve any special procedural issues and to examine ways to expedite the appeal, if practicable. The participants may discuss:
(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;
(B) whether there are any problems with or any dispute over the record and how any such problem or dispute may be resolved;
(C) if there will be no substantial disagreement as to the relevant facts, whether it is feasible to proceed on an agreed statement of the case in lieu of a record and record extract, pursuant to Rule 8-413 (b);
(D) if there are multiple parties raising similar issues, whether one or more consolidated briefs may be feasible and whether any adjustments to the timing and length of such briefs may be useful;
(E) if the appeal will hinge on one or two issues of Statewide importance, whether a petition to the Court of Appeals for certiorari may be useful;
(F) whether, because of existing or anticipated circumstances, further proceedings in the Court of Special Appeals should be expedited or delayed; and
(G) any other administrative matter or issue that may make the appellate process more efficient or expeditious.
(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 May 15, 2022. Some sections may be more current, see credits for details.
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