RULE 8-402. APPEARANCE
West's Annotated Code of MarylandMaryland RulesEffective: April 1, 2023
Effective: April 1, 2023
MD Rules, Rule 8-402
RULE 8-402. APPEARANCE
(b) Continuance of Appearance from Lower Court. The appearance of an attorney entered in a lower court shall continue in the Appellate Court and the Supreme Court unless (1) the attorney's appearance has been stricken in the lower court pursuant to Rule 2-132 or 4-214, (2) the attorney notifies the Clerk of the appellate court in writing not to enter the attorney's appearance in the appellate court and sends a copy of the notice to the clerk of the lower court and the client, or (3) the attorney's appearance has automatically terminated pursuant to section (g) of this Rule.
(c) New Appearance. An attorney newly appearing on appeal may enter an appearance by filing a written request (1) in the Appellate Court if the record on appeal has already been filed in that Court, (2) in the Supreme Court if a petition for a writ of certiorari has been filed or the Court has issued a writ on its own initiative, or (3) in the lower court in all other cases.
(d) In Certification Cases. In a proceeding pursuant to Rule 8-305, the appearance of an attorney entered in the certifying court shall continue in the Supreme Court if the attorney has been admitted to practice law in this State. An attorney newly appearing in the case may enter an appearance by filing a written request in the Supreme Court at any time after the certification order is filed.
Cross reference: For special admission of an out-of-state attorney, see Bar Admission Rule 19-217.
(e) When Entered by Clerk. The Clerk of the appellate court shall formally enter the appearance of the attorney (1) in the Appellate Court when the record on appeal is filed, (2) in the Supreme Court when a petition for a writ of certiorari is filed or, if the Court issues the writ on its own initiative, when the writ is issued, or (3) when properly requested pursuant to section (c) or (d) of this Rule.
Source: This Rule is in part derived from former Rules 1005 a and 805 a and in part new.
Credits
[Adopted Nov. 19, 1987, eff. July 1, 1988. Amended June 6, 2016, eff. July 1, 2016; Dec. 13, 2016, eff. April 1, 2017; April 21, 2023, eff. nunc pro tunc April 1, 2023.]
MD Rules, Rule 8-402, MD R A CT AND SPEC A Rule 8-402
Current with amendments received through February 1, 2024. Some sections may be more current, see credits for details.
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