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RULE 8-502. FILING OF BRIEFS

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 500. Record Extract, Briefs, and Argument
MD Rules, Rule 8-502
RULE 8-502. FILING OF BRIEFS
(a) Duty to File; Time. Unless otherwise ordered by the appellate court:
(1) Appellant's Brief. No later than the date specified in the notice sent by the appellate clerk pursuant to Rule 8-412(c), an appellant other than a cross-appellant shall file a brief conforming to the requirements of Rule 8-503.
(2) Appellee's Brief. Within 30 days after the filing of the appellant's brief, the appellee shall file a brief conforming to the requirements of Rule 8-503.
(3) Appellant's Reply Brief. The appellant may file a reply brief not later than the earlier of 20 days after the filing of the appellee's brief or ten days before the date of scheduled argument.
Cross reference: The meaning of subsection (a)(3) is in accordance with Heit v. Stansbury, 199 Md. App. 155 (2011).
(4) Cross-Appellant's Brief. An appellee who is also a cross-appellant shall include in the brief filed pursuant to subsection (2) of this section the issues and arguments on the cross-appeal as well as the response to the brief of the appellant, and shall not file a separate cross-appellant's brief.
(5) Cross-Appellee's Brief. Within 30 days after the filing of that brief, the appellant/cross-appellee shall file a brief in response to the issues and argument raised on the cross-appeal and shall include any reply to the appellee's response that the appellant wishes to file.
(6) Cross-Appellant's Reply Brief. The appellee/cross-appellant may file a reply to the cross-appellee's response within 20 days after the filing of the cross-appellee's brief, but in any event not later than ten days before the date of scheduled argument.
(7) Multiple Appellants or Appellees. In an appeal involving more than one appellant or appellee, including actions consolidated for purposes of the appeal, any number of appellants or appellees may join in a single brief.
(8) Court of Special Appeals Review of Discharge for Unconstitutionality of Law. No briefs need be filed in a review by the Court of Special Appeals under Code, Courts Article, § 3-706.
(b) Extension of Time. The time for filing a brief may be extended by (1) stipulation of counsel filed with the clerk so long as the appellant's brief and the appellee's brief are filed at least 30 days, and any reply brief is filed at least ten days, before the scheduled argument, or (2) order of the appellate court entered on its own initiative or on motion filed pursuant to Rule 1-204.
(c) Filing and Service. In an appeal to the Court of Special Appeals, 15 copies of each brief and 10 copies of each record extract shall be filed, unless otherwise ordered by the court. Incarcerated or institutionalized parties who are self-represented shall file nine copies of each brief and nine copies of each record extract. In the Court of Appeals, 20 copies of each brief and record extract shall be filed, unless otherwise ordered by the court. Two copies of each brief and record extract shall be served on each party pursuant to Rule 1-321.
(d) Default. If an appellant fails to file a brief within the time prescribed by this Rule, the appeal may be dismissed pursuant to Rule 8-602 (c)(5). An appellee who fails to file a brief within the time prescribed by this Rule may not present argument except with permission of the Court.

Credits

[Adopted Nov. 19, 1987, eff. July 1, 1988. Amended June 5, 1996, eff. Jan. 1, 1997; March 5, 2001, eff. July 1, 2001; April 5, 2005, eff. July 1, 2005; Sept. 10, 2009, eff. Oct. 1, 2009; Sept. 8, 2011, eff. Jan. 1, 2012; Nov. 21, 2013, eff. Jan. 1, 2014; Sept. 17, 2015, eff. Jan. 1, 2016; April 9, 2018, eff. July 1, 2018.]

Editors' Notes

HISTORICAL NOTES
2001 Orders
The March 5, 2001, order, in section (c), in the first and second sentences, inserted “and record extract”.
2005 Orders
The April 5, 2005, order, in section (c), rewrote the first sentence, which previously read:
“In an appeal to the Court of Special Appeals, 15 copies of each brief and record extract shall be filed.”
2009 Orders
The September 10, 2009, order, in section (c), substituted “10 copies” for “seven copies”.
2011 Orders
The September 8, 2011, order, in section (c), inserted the second sentence.
2013 Orders
The November 21, 2013, order, added certain language to subsection (a)(1); modified subsection (a)(3) to clarify the time for filing an appellant’s reply brief; and added a cross reference after subsection (a)(3).
2015 Orders
The September 17, 2015, order, conformed the Rule to a proposed amendment to Rule 8-412.
2018 Orders
The April 9, 2018 order, amended the Rule to conform an internal reference to the reorganization of Rule 8-602.
MD Rules, Rule 8-502, MD R A CT AND SPEC A Rule 8-502
Current with amendments received through September 15, 2018.
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