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RULE 8-605. RECONSIDERATION

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 600. Disposition
MD Rules, Rule 8-605
RULE 8-605. RECONSIDERATION
(a) Motion; Response; No Oral Argument. Except as otherwise provided in Rule 8-602 (e), a party may file pursuant to this Rule a motion for reconsideration of a decision by the Court that disposes of the appeal. The motion shall be filed (1) before issuance of the mandate or (2) within 30 days after the filing of the opinion of the Court, whichever is earlier. A response to a motion for reconsideration may not be filed unless requested on behalf of the Court by at least one judge who concurred in the opinion or order. Except to make changes in the opinion that do not change the decision in the case, the Court ordinarily will not grant a motion for reconsideration unless it has requested a response. There shall be no oral argument on the motion.
(b) Content. A motion or response ordinarily shall be limited to addressing one or more of the following:
(1) whether the Court's opinion or order did not address a material factual or legal matter raised in the lower court and argued by a party in its submission to the Court, and if not raised or argued, a brief statement as to why it was not raised or argued;
(2) whether a material change in the law relevant to the appeal occurred after the case was submitted and was not addressed in the Court's opinion or order;
(3) whether the court's opinion determined the outcome of the appeal on an issue not raised in the briefs or proceedings below;
(4) whether there is a significant consequence of the decision that was not addressed in the opinion;
(5) if the motion or response is filed in the Court of Appeals, whether and how the Court's opinion or order is in material conflict with a decision of the United States Supreme Court or a decision of the Court of Appeals; or
(6) if the motion or response is filed in the Court of Special Appeals, whether and how the Court's opinion or order is in material conflict with a decision of the United States Supreme Court or the Court of Appeals or a reported opinion of the Court of Special Appeals.
(c) Length. A motion or response filed pursuant to this Rule shall not exceed 3,900 words.
(d) Copies--Filing.
(1) In Court of Special Appeals. In the Court of Special Appeals, the original of the motion and any response shall be filed together with four copies if the opinion of the Court was unreported or 13 copies if reported.
(2) In Court of Appeals. In the Court of Appeals, the original and seven copies of the motion and any response shall be filed.
(e) Mandate to be Delayed. A motion for reconsideration shall delay issuance of a mandate, unless otherwise ordered by the Court.
(f) Disposition of Motion. A motion for reconsideration shall be granted only with the consent of at least half the judges who concurred in the opinion. If a motion for reconsideration is granted, the Court may make a final disposition of the appeal without reargument, restore the appeal to the calendar for argument, or make other orders, including modification or clarification of its opinion, as the Court finds appropriate.
Source: This Rule is in part derived from former Rules 1050 and 850 and in part new.

Credits

[Adopted Nov. 19, 1987, eff. July 1, 1988. Amended March 30, 1993, eff. July 1, 1993; June 7, 1994, eff. Oct. 1, 1994; Sept. 17, 2015, eff. Jan. 1, 2016; April 9, 2018, eff. July 1, 2018.]

Editors' Notes

HISTORICAL NOTES
2015 Orders
The September 17, 2015, order, added a new section (b) providing the content of a motion for reconsideration or a response to it, specified a word count limitation in lieu of a page limitation, and made stylistic changes.
2018 Orders
The April 9, 2018 order, amended the Rule to conform an internal reference in section (a) to the proposed reorganization of Rule 8-602 and to permit a motion for reconsideration when the court’s opinion determines the outcome of an appeal on an issue not raised in the briefs or proceedings below.
MD Rules, Rule 8-605, MD R A CT AND SPEC A Rule 8-605
Current with amendments received through September 15, 2018.
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