Home Table of Contents

RULE 8-605. RECONSIDERATION

West's Annotated Code of MarylandMaryland RulesEffective: July 1, 2023

West's Annotated Code of Maryland
Maryland Rules
Title 8. Appellate Review in the Supreme Court and the Appellate Court
Chapter 600. Disposition
Effective: July 1, 2023
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 justice or 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 Supreme Court, whether and how the Court's opinion or order is in material conflict with a decision of the Supreme Court of the United States or a decision of the Supreme Court; or
(6) if the motion or response is filed in the Appellate Court, whether and how the Court's opinion or order is in material conflict with a decision of the Supreme Court of the United States or the Supreme Court or a reported opinion of the Appellate Court.
(c) Length. A motion or response filed pursuant to this Rule shall not exceed 3,900 words.
(d) Filing. A motion for reconsideration and any response shall be filed with the Clerk of the appellate court.
(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; April 1, 2023, eff. July 1, 2023.]
MD Rules, Rule 8-605, MD R A CT AND SPEC A Rule 8-605
Current with amendments received through May 1, 2024. Some sections may be more current, see credits for details.
End of Document