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RULE 8-431. MOTIONS

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 8-431
RULE 8-431. MOTIONS
(a) Generally. An application to the Court for an order shall be by motion. The motion shall state briefly and clearly the facts upon which it is based, and if other parties to the appeal have agreed not to oppose the motion, it shall so state. The motion shall be accompanied by a proposed order.
(b) Response. Except as provided in Rule 8-605(a), any party may file a response to the motion. Unless a different time is fixed by order of the Court, the response shall be filed within five days after service of the motion.
(c) Affidavit. A motion or a response to a motion that is based on facts not contained in the record or papers on file in or in the custody and jurisdiction of the appellate court in the proceeding shall be supported by affidavit and accompanied by any papers on which it is based.
Cross reference: See Rule 20-402 concerning the transmittal of the record under MDEC.
(d) Statement of Grounds and Authorities. A motion and any response shall state with particularity the grounds and the authorities in support of each ground.
(e) Filing; Copies. The original of a motion and any response shall be filed with the Clerk. It shall be accompanied by (1) seven copies when filed in the Court of Appeals and (2) four copies when filed in the Court of Special Appeals, except as otherwise provided in these rules.
(f) Emergency Order. In an emergency, the Court may rule on a party's motion before expiration of the time for a response. The party requesting emergency relief shall file the certification required by Rule 1-351.
(g) Hearing. Except as otherwise provided in these rules, a motion may be acted on without a hearing or may be set for hearing at the time and place and on the notice the Court prescribes.
Source: This Rule is derived from former Rules 1055 and 855.

Credits

[Adopted Nov. 19, 1987, eff. July 1, 1988. Amended June 21, 1995, eff. Sept. 1, 1995; Sept. 17, 2015, eff. Jan. 1, 2016.]

Editors' Notes

HISTORICAL NOTES
2015 Orders
The September 17, 2015, order, amended (c) by adding certain language clarifying that the records or papers on file are in the appellate court and added a cross reference.
MD Rules, Rule 8-431, MD R A CT AND SPEC A Rule 8-431
Current with amendments received through June 15, 2020.
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