RULE 8-504. CONTENTS OF BRIEF
West's Annotated Code of MarylandMaryland RulesEffective: April 1, 2023
Effective: April 1, 2023
MD Rules, Rule 8-504
RULE 8-504. CONTENTS OF BRIEF
Cross reference: Citation of unreported opinions is governed by Rule 1-104.
(4) A clear concise statement of the facts material to a determination of the questions presented, except that the appellee's brief shall contain a statement of only those additional facts necessary to correct or amplify the statement in the appellant's brief. Reference shall be made to the pages of the record extract or appendix supporting the assertions. If pursuant to these rules or by leave of court a record extract is not filed, reference shall be made to the pages of the record or to the transcript of testimony as contained in the record.
Cross reference: Rule 8-111 (b).
(9) If the brief is prepared with proportionally spaced type, a Certification of Word Count and Compliance with Rule 8-112 substantially in the form set forth in subsection (a)(9)(A) of this Rule. The party or amicus curiae providing the certification may rely on the word count of the word-processing system used to prepare the brief.
CERTIFICATION OF WORD COUNT AND COMPLIANCE WITH RULE 8-112
1. This brief contains _______________ words, excluding the parts of the brief exempted from the word count by Rule 8-503.
2. This brief complies with the requirements stated in Rule 8-112.
(1) Generally. Unless the material is included in the record extract pursuant to Rule 8-501, the appellant shall reproduce, as an appendix to the brief, the pertinent part of every ruling, opinion, or jury instruction of each lower court that deals with points raised by the appellant on appeal. If the appellee believes that the part reproduced by the appellant is inadequate, the appellee shall reproduce, as an appendix to the appellee's brief, any additional part of the instructions or opinion believed necessary by the appellee.
(2) Appeals in Juvenile and Criminal Prosecution or Conviction Cases. In an appeal from an order relating to a child entered by a court exercising juvenile jurisdiction or an appendix required to be filed under seal as defined in Rule 8-125 (b)(2), each appendix shall be filed as a separate volume and, unless otherwise ordered by the court, shall be filed under seal.
Cross reference: See Rules 8-121, 8-122, 8-123, and 8-124.
Committee note: Rule 8-501 (j) allows a party to include in an appendix to a brief any material that inadvertently was omitted from the record extract.
(c) Effect of Noncompliance. For noncompliance with this Rule, the appellate court may dismiss the appeal or make any other appropriate order with respect to the case, including an order that an improperly prepared brief be reproduced at the expense of the attorney for the party for whom the brief was filed.
Source: This Rule is derived as follows: Section (a) is derived from former Rules 831 c and d and 1031 c 1 through 5 and d 1 through 5, with the exception of subsection (a)(6) which is derived from FRAP 28 (a)(5). Section (b) is derived in part from Fed. R. App. P. 32 and former Rule 1031 c 6 and d 6, and is in part new. Section (c) is derived from former Rules 831 g and 1031 f.
Credits
[Adopted Nov. 19, 1987, eff. July 1, 1988. Amended Dec. 10, 1996, eff. July 1, 1997; Dec. 16, 1999, eff. Jan. 1, 2000; March 5, 2001, eff. July 1, 2001; Nov. 12, 2003, eff. Jan. 1, 2004; Sept. 10, 2009, eff. Oct. 1, 2009; Sept. 8, 2011, eff. Jan. 1, 2012; Dec. 13, 2016, eff. April 1, 2017; June 29, 2020, eff. Aug. 1, 2020; Feb. 9, 2022, eff. April 1, 2022; April 21, 2023, eff. nunc pro tunc April 1, 2023.]
MD Rules, Rule 8-504, MD R A CT AND SPEC A Rule 8-504
Current with amendments received through February 1, 2024. Some sections may be more current, see credits for details.
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