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RULE 8-412. RECORD--TIME FOR TRANSMITTING

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 400. Preliminary Procedures
MD Rules, Rule 8-412
RULE 8-412. RECORD--TIME FOR TRANSMITTING
(a) To the Court of Special Appeals. Unless a different time is fixed by Rule 8-204 or by an order entered pursuant to section (d) of this Rule, the clerk of the lower court shall transmit the record to the Court of Special Appeals within the applicable time specified in this section:
(1) in a civil action proceeding under Rule 8-207 (a), thirty days after the first notice of appeal is filed;
(2) in all other civil actions subject to Rule 8-205 (a), sixty days after the date of an order entered pursuant to Rule 8-206 (c); or
(3) in all other actions, sixty days after the date the first notice of appeal is filed.
Cross reference: Rule 8-207 (a).
(b) To the Court of Appeals. Unless a different time is fixed by order entered pursuant to section (d) of this Rule, the clerk of the court having possession of the record shall transmit it to the Court of Appeals within 15 days after entry of a writ of certiorari directed to the Court of Special Appeals, or within sixty days after entry of a writ of certiorari directed to a lower court other than the Court of Special Appeals.
(c) When Record is Transmitted; Notice. For purposes of this Rule the record is transmitted when it is (1) delivered to the Clerk of the appellate court; (2) sent by certified mail by the clerk of the lower court, addressed to the Clerk of the appellate court; or (3) transmitted to the Clerk of the appellate court in accordance with Rule 20-402. Upon receipt and docketing of the record by the Clerk of the appellate court, the Clerk shall send a notice to the parties stating (1) the date the record was received and docketed and (2) the date by which an appellant other than a cross-appellant shall file a brief conforming with Rule 8-503. Unless otherwise ordered by the appellate court, the date by which the appellant's brief must be filed shall be no earlier than 40 days after the date the Clerk sends the notice.
(d) Shortening or Extending the Time. On motion or on its own initiative, the appellate court having jurisdiction of the appeal may shorten or extend the time for transmittal of the record. If the motion is filed after the prescribed time for transmitting the record has expired, the Court will not extend the time unless the Court finds that the failure to transmit the record was caused by the act or omission of a judge, a clerk of court, the court reporter, or the appellee.
Source: This Rule is derived from former Rules 1025 and 825.

Credits

[Adopted Nov. 19, 1987, eff. July 1, 1988. Amended Dec. 16, 1999, eff. Jan. 1, 2000; Nov. 8, 2005, eff. Jan. 1, 2006; Sept. 10, 2009, eff. Oct. 1, 2009; Nov. 21, 2013, eff. Jan. 1, 2014; Sept. 17, 2015, eff. Jan. 1, 2016; Dec. 7, 2015, eff. Jan. 1, 2016; Dec. 13, 2016, eff. Apr. 1, 2017.]
MD Rules, Rule 8-412, MD R A CT AND SPEC A Rule 8-412
Current with amendments received through May 15, 2022. Some sections may be more current, see credits for details.
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