# STANDING COMMITTEE ON RULES OF PRACTICE AND PROCEDURE > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/court_rules%3Amd%3A15c37b77693a3633 ## Record - **Collection:** Court rules - **Document type:** Court rule ## Text STANDING COMMITTEE ON RULES OF PRACTICE AND PROCEDURE NOTICE OF PROPOSED RULES CHANGES The Rules Committee has submitted its Two Hundred and Fifteenth Report to the Supreme Court, recommending amendments to current Rules 1-101.1, 1-105, 1-325.1, 1-332, 1-333, 2-124, 2-551, 2-623, 2-703, 3-124, 3-632, 3-731, 4-271, 4-333, 4-408, 4-502, 5-201, 6-464, 7-111, 7-509, 8-101, 8-102, 8-111, 8-112, 8-131, 8-201, 8-204, 8-301, 8-302, 8-304, 8-305, 8-402, 8-421, 8-425, 8-432, 8-502, 8-503, 8-504, 8-511, 8-521, 8-522, 8-523, 8-605.1, 8-606, 8-608, 8-611, 9-205.2, 12-211, 15-205, 15-312, 15-1103, 15-1104, 16-101, 16-102, 16-103, 16-104, 16-105, 16106, 16-107, 16-108, 16-109, 16-110, 16-111, 16-201, 16-203, 16204, 16-205, 16-207, 16-208, 16-307, 16-308, 16-401, 16-402, 16403, 16-404, 16-505, 16-601, 16-605, 16-701, 16-702, 16-801, 16802, 16-803, 16-804, 16-806, 16-902, 16-903, 16-911, 16-913, 16917, 16-918, 16-931, 16-932, 16-1001, 16-1002, 16-1003, 17-101, 17-205, 17-206, 17-208, 17-304, 17-401, 17-405, 17-406, 17-603, 18-100.1, 18-100.2, 18-103.15, 18-104.1, 18-203.15, 18-302, 18303, 18-306, 18-307, 18-402, 18-407, 18-408, 18-409.1, 18-411, 18-412, 18-422, 18-428, 18-435, 18-436, 18-437, 18-438, 18-441, 18-442, 18-501, 18-601, 18-602, 18-603, 18-604, 19-101, 19-105, 19-208, 19-212, 19-214, 19-218, 19-219, 19-222, 19-300.1, 19308.1, 19-308.5, 19-402, 19-409, 19-411, 19-501, 19-502, 19-503, 19-603, 19-604, 19-605, 19-606, 19-607, 19-608, 19-610, 19-611, 19-701, 19-702, 19-703, 19-704, 19-705, 19-706, 19-707, 19-709, 19-712, 19-717.1, 19-721, 19-722, 19-723, 19-724, 19-725, 19727, 19-728, 19-731, 19-732, 19-733, 19-735, 19-736, 19-737, 19738, 19-739, 19-740, 19-741, 19-742, 19-743, 19-751, 19-752, 19761, 19-801, 20-101, 20-102, 20-103, 20-104, 20-109, 20-201, 20-402, 20-502, and 20-503. The Committee’s Two Hundred and Fifteenth Report and the proposed Rules changes are set forth below. Interested persons are asked to consider the Committee’s Report and proposed Rules changes and to forward on or before March 13, 2023 any written comments they may wish to make to rules@mdcourts.gov or: Sandra F. Haines, Esquire Reporter, Rules Committee Judiciary A-POD 580 Taylor Avenue Annapolis, Maryland 21401 Greg Hilton Clerk Supreme Court of Maryland THE SUPREME COURT OF MARYLAND STANDING COMMITTEE ON RULES OF PRACTICE AND PROCEDURE Hon. ALAN M. WILNER, Chair Hon. DOUGLAS R.M. NAZARIAN, Vice Chair SANDRA F. HAINES, Reporter COLBY L. SCHMIDT, Deputy Reporter HEATHER COBUN, Assistant Reporter MEREDITH A. DRUMMOND, Assistant Reporter Judiciary A-POD 580 Taylor Avenue Annapolis, Maryland 21401 (410) 260-3630 EMAIL: rules@mdcourts.gov February 10, 2023 The Honorable Matthew J. Fader, Chief Justice The Honorable Shirley M. Watts The Honorable Michele D. Hotten The Honorable Brynja M. Booth The Honorable Jonathan Biran The Honorable Steven B. Gould The Honorable Angela M. Eaves, Justices The Supreme Court of Maryland Robert C. Murphy Courts of Appeal Building Annapolis, Maryland 21401 Your Honors: The Rules Committee submits this, its Two Hundred and Fifteenth Report, and recommends that the Court adopt the amendments to existing Rules transmitted with this Report. This Report has one non-substantive purpose, and that is to further implement the recently adopted amendments to the Maryland Constitution changing the names of the State’s two appellate courts to the Supreme Court of Maryland and the Appellate Court of Maryland, respectively, by deleting all obsolete references in the Rules to the former names of those Courts – the Court of Appeals and the Court of Special Appeals – and substituting the new proper names of those Courts. After a review of all of the current Rules, the Committee has identified more than 200 Rules that make reference to the former names of the Courts or to the judicial members of the Supreme Court as “judges,” rather than “Justices.” Many of the Rules require multiple specific amendments to correct all of the obsolete references. A few of those references are corrected in conjunction with the substantive proposals transmitted with the Two Hundred and Fourteenth Report. The majority of the corrections are transmitted with this Report. 1 For the further guidance of the Court and the public, following the proposed amendments to Rule 1-101.1 is a Reporter’s note describing in further detail the reasons for the proposals in this Report. We caution that the Reporter’s note is not part of the Rules, has not been debated or approved by the Committee, and is not to be regarded as any kind of official comment or interpretation. It is included solely to assist the Court in understanding some of the reasons for the proposed changes. Respectfully Submitted, / s / Alan M. Wilner Chair AMW:sdm cc: Gregory Hilton, Clerk Rule 29/8/2022 R.C. approved 2 RULE 1-101.1 MARYLAND RULES TITLE 1 – GENERAL PROVISIONS CHAPTER 100 – APPLICABILITY AND CITATION AMEND Rule 1-101.1 by deleting the last sentence of the Committee note following section (b), as follows: Rule 1-101.1. (a) NAMES OF APPELLATE COURTS; RULES OF CONSTRUCTION Generally From and after December 14, 2022, any reference in these Rules or, in any proceedings before any court of the Maryland Judiciary, any reference in any statute, ordinance, or regulation applicable in Maryland to the Court of Appeals of Maryland shall be deemed to refer to the Supreme Court of Maryland, and any reference to the Court of Special Appeals of Maryland shall be deemed to refer to the Appellate Court of Maryland. Unless otherwise specified, any reference in these Rules to the Supreme Court shall be deemed to refer to the Supreme Court of Maryland, and any reference in these Rules to the Appellate Court shall be deemed to refer to the Appellate Court of Maryland. (b) Terminology – Appellate Court In these Rules, wherever the term appellate court appears with initial capital letters (“Appellate Court”), the term means 3 RULE 1-101.1 the Appellate Court of Maryland. Wherever the term appellate court appears with lower case initial letters (“appellate court”), the term, as applicable under the circumstances, may refer to any court that is exercising appellate jurisdiction. Committee note: By 2021 Maryland Laws, Chapters 82 and 83, the General Assembly proposed amendments to the Maryland Constitution to change the name of the Court of Appeals of Maryland to the Supreme Court of Maryland and to change the name of the Court of Special Appeals of Maryland to the Appellate Court of Maryland. On December 14, 2022, the Governor certified that those amendments were adopted by the voters in the 2022 general election and took effect as of the date of his certification. There are hundreds of references to the former names of those courts throughout the Maryland Rules, and the process of updating those references to conform to this Rule is underway. Source: This Rule is new. REPORTER’S NOTE By 2021 Maryland Laws, Chapters 82 and 83, the General Assembly proposed amendments to the Maryland Constitution to change the name of the Court of Appeals of Maryland to the Supreme Court of Maryland and to change the name of the Court of Special Appeals of Maryland to the Appellate Court of Maryland. Additionally, the proposed constitutional amendments changed the name of a Judge of the Court of Appeals to a Justice of the Supreme Court of Maryland and changed the name of the Chief Judge of the Court of Appeals to the Chief Justice of the Supreme Court of Maryland. On December 14, 2022, the Governor issued a proclamation that those amendments had been ratified by the voters in the 2022 general election, to take effect on the date of his proclamation. In Rule 1-101.1, the last sentence of the Committee note following section (b) is proposed to be deleted. The Rules revisions necessitated by the amendment to the Maryland Constitution changing the names of the Court of Appeals and Court of Special Appeals to the Supreme Court and Appellate 4 RULE 1-101.1 Court have been completed and are being submitted to the Supreme Court contemporaneously with the proposed amendment to Rule 1101.1, rendering that sentence obsolete. To reflect the changes to the Maryland Constitution referenced above, throughout the Rules, each reference to “Court of Appeals” has been replaced with “Supreme Court,” and each reference to “Court of Special Appeals” has been replaced with “Appellate Court.” References to the “Chief Judge” or a “judge” of the Court of Appeals are replaced with references to the “Chief Justice” or a “Justice” of the Supreme Court. By Rules Order dated December 15, 2022, the definition of “judge” in Rule 1-202 (n) was amended to read: (n) Judge “Judge” means a judge of a court of this State and refers, as applicable under the circumstances, to a judge of the court (1) to which the Title, Chapter, or Rule applies or (2) in which the particular action or proceeding has been filed or properly could be filed. Subject to those conditions, “judge” includes a Justice of the Supreme Court of Maryland. In light of this definition, if a reference to an individual applies to a Justice of the Supreme Court and to a judge of another court, the term “judge” is used to encompass both unless, in the interest of clarity, it was determined that the reference should include both “Justice” and “judge.” To avoid confusion between references to the Supreme Court of Maryland and references to the Supreme Court of the United States, in each instance in the Rules where the U.S. Supreme Court is referenced, the Rule has been revised to refer to that Court as the “Supreme Court of the United States.” The nomenclature changes set forth in the constitutional amendments necessitated changes to one Title name and several Chapter names in the Maryland Rules. Title and Chapter names are revised as follows: • Title 8, “Appellate Review in the Court of Appeals and Court of Special Appeals,” is updated to “Appellate Review in the Supreme Court and the Appellate Court.” • Title 8, Chapter 200, “Obtaining Review in Court of Special Appeals,” is updated to “Obtaining Review in the Appellate Court.” 5 RULE 1-101.1 • • • Title 8, Chapter 300, “Obtaining Appellate Review in Court of Appeals,” is updated to “Obtaining Review in the Supreme Court.” Title 16, Chapter 1000, “Emergency Powers of Chief Judge of Court of Appeals,” is updated to “Emergency Powers of the Chief Justice of the Supreme Court.” Title 17, Chapter 400, “Proceedings in the Court of Special Appeals,” is updated to “Proceedings in the Appellate Court.” Because not every Rule in the Titles and Chapters referenced above requires an amendment due to the constitutional nomenclature changes, revisions to the names of the Title and Chapters are presented in the form of amended Tables of Contents of Title 8, Title 16, and Title 17. In addition, in Title 19, a necessary change is made to a Division heading in Chapter 700. “Dispositions by Court of Appeals” is updated to “Dispositions by the Supreme Court.” This change is presented in the form of an amended Table of Contents of Title 19, Chapter 700. 6 RULE 1-105 MARYLAND RULES OF PROCEDURE TITLE 1 – GENERAL PROVISIONS CHAPTER 100 – APPLICABILITY AND CITATION AMEND Rule 1-105 by replacing “Court of Appeals and the Court of Special Appeals” with “Supreme Court, the Appellate Court, or either of those Courts under their former names” in section (a) and the Committee note following section (a); by replacing “Court of Appeals” with “Supreme Court” in the Committee note following section (a), section (b), the Committee note following section (b), and subsections (c)(1), (c)(2)(A), (c)(2)(B), and (c)(3)(B); by replacing “Court of Special Appeals” with “Appellate Court” in the cross reference following section (a) and in subsections (c)(1), (c)(2)(A), and (c)(2)(B); by correcting a cross reference; and by making stylistic changes, as follows: Rule 1-105. OFFICIAL RECORD OF MARYLAND RULES AND APPELLATE DECISIONS (a) Applicability; Definitions This Rule applies to decisions of the Court of Appeals and the Court of Special Appeals Supreme Court, the Appellate Court, or either of those Courts under their former names and to the Maryland Rules of Procedure. In this Rule, (1) “decision” 7 RULE 1-105 means an opinion or order of the Court of Appeals or Court of Special Appeals Supreme Court, the Appellate Court, or either of those Courts under their former names, (2) “MDEC action” has the meaning stated in Rule 20-101, and (3) the definitions in Code, State Government Article, § 10-1601 shall apply. Committee note: Code, State Government Article, §§ 10-1601 through 10-1611 deal with “legal material,” which includes the Maryland Rules and reported decisions of the Court of Appeals and Court of Special Appeals Supreme Court, the Appellate Court, or either of those Courts under their former names. The word “decision” is not defined in the statute. In relevant part, the statute declares the Court of Appeals Supreme Court to be the official publisher of the Maryland Rules and reported decisions of the two appellate courts. As such, the statute requires the court to determine whether the official record of those documents is to be the electronic version or the paper version of that legal material, and, if it determines the electronic version to be the official record, to assure the authenticity, preservation, and security of the documents. Because there should be no difference between what constitutes the official record of reported and unreported decisions, this Rule applies to both. Cross reference: See Rule 8-605.1, concerning designation for reporting of opinions of the Court of Special Appeals Appellate Court. (b) Maryland Rules The official record of the Maryland Rules is the paper record maintained by the Clerk of the Court of Appeals Supreme Court pursuant to Rule 16-802. The paper or electronic version of a Rule posted on the Judiciary website or contained in a published codification of the Maryland Rules approved by the Court of Appeals Supreme Court may be cited in accordance with Rule 1-103 as evidence of the text of the Rule. 8 RULE 1-105 Committee note: The Maryland Rules of Procedure maintained by the Clerk of the Court of Appeals Supreme Court consists of multiple bound volumes of the Rules Orders issued by the Court, together with the text of the Rules adopted in those Orders. They constitute the most authoritative version of the Rules, as adopted in those Orders. Those volumes do not constitute a code of the Rules, however, but are comparable to the Session Laws enacted by the General Assembly, and, where Rules have been amended or repealed, may not constitute a practical source for determining the current or former version of any particular Rule. That is why the text of a Rule as it appears on the Judiciary website or in published codified form approved by the Court of Appeals, Supreme Court may be cited as evidence of the Rule. In the event of any dispute regarding the accuracy of the online or codified version, the text of the Rule as it appears in the relevant Rules Order(s) will prevail. Compare Code, Courts Article, § 10-201. (c) Decisions (1) In a Non-MDEC Action The official record of a decision of the Court of Appeals Supreme Court or the Court of Special Appeals Appellate Court in a non-MDEC action is the paper slip opinion or order filed with the Clerk of that Court. The decision may be cited as provided in subsection (c)(3) of this Rule. (2) In an MDEC Action (A) The official record of a decision of the Court of Appeals Supreme Court or the Court of Special Appeals Appellate Court in an MDEC action shall be the electronic record of the decision filed in the MDEC system. (B) Notwithstanding the provisions of Rule 20-301, prior to July 1, 2018, the official record of a decision of the Court of Appeals Supreme Court or the Court of Special Appeals 9 RULE 1-105 Appellate Court shall be the paper slip opinion or order filed with the Clerk of that Court. Regardless of whether the official record of a decision in an MDEC action is in electronic or paper form, the decision may be cited as provided in subsection (c)(3) of this Rule. Cross reference: 20-201 20-101. For the definition of “MDEC action,”, see Rule (3) Citation of Decisions (A) A decision as reported in the Maryland Reports or the Maryland Appellate Reports may be cited as evidence of the text of the decision. The citation shall state the name of the case, the year of the decision, and the volume and page number of the Maryland Reports or Maryland Appellate Reports in which the decision appears. (B) Subject to Rule 1-104, a decision that is published in any other commercial or governmental publication approved by the Court of Appeals Supreme Court may be cited as evidence of the text of the decision, provided that, if the decision also has been reported in the Maryland Reports or Maryland Appellate Reports, the citation also shall contain the volume and page number of the Maryland Reports or Maryland Appellate Reports in which it appears. (C) Subject to Rule 1-104, if a decision is not, or has not yet been, reported in the Maryland Reports or the Maryland 10 RULE 1-105 Appellate Reports, the decision may be cited as it appears on the Judiciary website. Cross reference: See Md. Constitution, Art. IV, § 16 and Code, Courts Article, §§ 13-201 through 13-204 regarding the reporting of appellate decisions. Source: This Rule is new. 11 RULE 1-325.1 MARYLAND RULES OF PROCEDURE TITLE 1 – GENERAL PROVISIONS CHAPTER 300 – GENERAL PROVISIONS AMEND Rule 1-325.1 by replacing “Court of Appeals” with “Supreme Court” in section (a) and subsections (b)(1), (c)(1)(B), and (c)(2)(C); by replacing “Court of Special Appeals” with “Appellate Court” in section (a) and subsection (b)(1); and by making stylistic changes, as follows: Rule 1-325.1. WAIVER OF PREPAID APPELLATE COSTS IN CIVIL ACTIONS (a) Scope This Rule applies (1) to an appeal from an order or judgment of the District Court or an orphans' court to a circuit court in a civil action, and (2) to an appeal as defined in subsection (b)(1) of this Rule seeking review in the Court of Appeals Supreme Court or the Court of Special Appeals Appellate Court of an order or judgment of a lower court in a civil action. (b) Definitions In this Rule, the following definitions apply: (1) Appeal “Appeal” means an appeal, an application for leave to appeal to the Court of Special Appeals Appellate Court, and a 12 RULE 1-325.1 petition for certiorari or other extraordinary relief filed in the Court of Appeals Supreme Court. (2) Clerk “Clerk” includes a Register of Wills. (3) Prepaid Costs “Prepaid costs” means (A) the fee charged by the clerk of the lower court for assembling the record, (B) the cost of preparation of a transcript in the District Court, if a transcript is necessary to the appeal, and (C) the filing fee charged by the clerk of the appellate court. Cross reference: See the schedule of appellate court fees following Code, Courts Article, § 7-102 and the schedule of circuit court fees following Code, Courts Article, § 7-202. (c) Waiver (1) Generally Waiver of prepaid costs under this Rule shall be governed generally by section (d) or (e) of Rule 1-325, as applicable, except that: (A) the request for waiver of both the lower and appellate prepaid costs shall be filed in the lower court with the notice of appeal; (B) a request to waive prepayment of the fee for filing a petition for certiorari or other extraordinary relief in the Court of Appeals Supreme Court shall be filed in, and determined by, that Court; 13 RULE 1-325.1 (C) waiver of the fee charged for assembling the record shall be determined in the lower court; (D) waiver of the appellate court filing fee shall be determined by the appellate court, but the appellate court may rely on a waiver of the fee for assembling the record ordered by the lower court; (E) both fees shall be waived if (i) the appellant received a waiver of prepaid costs under section (d) of Rule 1325 (d) and will be represented in the appeal by an eligible attorney under that section, (ii) the attorney certifies that the appellant remains eligible for representation in accordance with Rule 1-325 (d), and (iii) except for an attorney employed or appointed by the Office of the Public Defender in a civil action in which that Office is required by statute to represent the party, the attorney further certifies that to the best of the attorney's knowledge, information, and belief there is good ground to support the appeal and it is not interposed for any improper purpose or delay; and (F) if the appellant received a waiver of prepaid costs under section (e) of Rule 1-325 (e), the lower court and appellate court may rely on a supplemental affidavit of the appellant attesting that the information supplied in the affidavit provided under Rule 1-325 (e) remains accurate and 14 RULE 1-325.1 that there has been no material change in the appellant's financial condition or circumstances. (2) Procedure (A) If an appellant requests the waiver of the prepaid costs in both the lower and appellate courts, the lower court, within five days after the filing of the request, shall act on the request for waiver of its prepaid cost and transmit to the appellate court the request for waiver of the appellate court prepaid cost, together with a copy of the request and order regarding the waiver of the lower court prepaid cost. (B) The appellate court shall act on the request for the waiver of its prepaid cost within five business days after receipt of the request from the lower court. (C) If either court denies, in whole or in part, a request for the waiver of its prepaid cost, it shall permit the appellant, within 10 days, to pay the unwaived prepaid cost. If, within that time, the appellant pays the full amount of the unwaived prepaid cost, the appeal shall be deemed to have been filed on the day the request for waiver was filed in the lower court or, as to a petition for certiorari or other extraordinary relief, in the Court of Appeals Supreme Court. If the unwaived prepaid costs are not paid in full within the time allowed, the court shall enter an order dismissing the appeal. Source: This Rule is new. 15 RULE 1-332 MARYLAND RULES OF PROCEDURE TITLE 1 – GENERAL PROVISIONS CHAPTER 300 – GENERAL PROVISIONS AMEND Rule 1-332 by replacing “Court of Appeals” with “Supreme Court” in subsection (b)(1), as follows: Rule 1-332. ACCOMMODATION UNDER THE AMERICANS WITH DISABILITIES ACT . . . (b) Accommodation Under the ADA (1) Notification of Need for Accommodation A person requesting an accommodation under the ADA, for an attorney, a party, a witness, a victim, a juror, or a prospective juror shall notify the court promptly. To the extent practicable, a request for an accommodation shall be (1) presented on a form approved by administrative order of the Court of Appeals Supreme Court and available from the clerk of the court and on the Judiciary website and (2) submitted not less than 30 days before the proceeding for which the accommodation is requested. . . . 16 RULE 1-333 MARYLAND RULES OF PROCEDURE TITLE 1 – GENERAL PROVISIONS CHAPTER 300 – GENERAL PROVISIONS AMEND Rule 1-333 by replacing “Chief Judge of the Court of Appeals” with “Chief Justice of the Supreme Court” in subsection (a)(5), as follows: Rule 1-333. (a) COURT INTERPRETERS Definitions In this Rule, the following definitions apply except as otherwise expressly provided or as necessary implication requires: . . . (5) Proceeding “Proceeding” means (A) any trial, hearing, argument on appeal, or other matter held in open court in an action, and (B) an event not conducted in open court that is in connection with an action and is in a category of events for which the court is required by Administrative Order of the Chief Judge of the Court of Appeals Chief Justice of the Supreme Court to provide an interpreter for an individual who needs an interpreter. . . . 17 RULE 2-124 MARYLAND RULES OF PROCEDURE TITLE 2 – CIVIL PROCEDURE – CIRCUIT COURT CHAPTER 100 – COMMENCEMENT OF ACTION AND PROCESS AMEND Rule 2-124 by replacing “Court of Appeals” with “Supreme Court” in sections (j) and (k), as follows: Rule 2-124. PROCESS—PERSONS TO BE SERVED . . . (j) State of Maryland Service is made upon the State of Maryland by serving the Attorney General or an individual designated by the Attorney General in a writing filed with the Clerk of the Court of Appeals Supreme Court. In any action attacking the validity of an order of an officer or agency of this State not made a party, the officer or agency shall also be served. (k) Officer or Agency of the State of Maryland Service is made on an officer or agency of the State of Maryland by serving (1) the resident agent designated by the officer or agency, or (2) the Attorney General or an individual designated by the Attorney General in a writing filed with the Clerk of the Court of Appeals Supreme Court. If service is made on the Attorney General or a designee of the Attorney General and the officer or agency is not ordinarily represented by the 18 RULE 2-124 Attorney General, the Attorney General or designee promptly shall forward the process and papers to the appropriate officer or agency. . . . 19 RULE 2-551 MARYLAND RULES OF PROCEDURE TITLE 2 – CIVIL PROCEDURE – CIRCUIT COURT CHAPTER 500 – TRIAL AMEND Rule 2-551 by replacing “Court of Special Appeals” with “Appellate Court” in section (h), as follows: Rule 2-551. IN BANC REVIEW . . . (h) Further Review Any party who seeks and obtains review under this Rule has no further right of appeal. The decision of the panel does not preclude an appeal to the Court of Special Appeals Appellate Court by an opposing party who is otherwise entitled to appeal. Source: This Rule is new, is consistent with Md. Const., Art. IV, § 22, and replaces former Rule 510. 20 RULE 2-623 MARYLAND RULES OF PROCEDURE TITLE 2 – CIVIL PROCEDURE – CIRCUIT COURT CHAPTER 600 – JUDGMENT AMEND Rule 2-623 by replacing “Court of Appeals” with “Supreme Court” and “Court of Special Appeals” with “Appellate Court” in subsection (a)(1), as follows: Rule 2-623. RECORDING OF A JUDGMENT OF ANOTHER COURT AND DISTRICT COURT NOTICE OF LIEN (a) Judgment of Another Court (1) Generally Subject to subsection (a)(2) of this Rule, upon receiving a copy of a judgment of another court, certified or authenticated in accordance with these Rules or statutes of this State, or of the United States, the clerk shall record and index the judgment if it was entered by (A) the Court of Appeals Supreme Court, (B) the Court of Special Appeals Appellate Court, (C) another circuit court of this State, (D) a court of the United States, or (E) any other court whose judgments are entitled to full faith and credit in this State. Upon recording a judgment received from a person other than the clerk of the court of entry, the receiving clerk shall notify the clerk of the court of entry. . . . 21 RULE 2-703 MARYLAND RULES OF PROCEDURE TITLE 2 – CIVIL PROCEDURE – CIRCUIT COURT CHAPTER 700 – CLAIMS FOR ATTORNEYS’ FEES AND RELATED EXPENSES AMEND Rule 2-703 by replacing “Court of Appeals” with “Supreme Court” in the Committee note following subsection (f)(3)(L) and by making stylistic changes, as follows: Rule 2-703. ATTORNEYS’ FEES ALLOWED BY LAW . . . (f) Determination of Award (1) If No Award Permitted . . . (3) Factors to Be Considered . . . (L) awards in similar cases. Committee note: The factors listed in subsection (f)(3) of this Rule have been approved by the Court of Appeals Supreme Court in statutory fee-shifting cases, where the “lodestar method” is applied in determining an award. See Monmouth Meadows v. Hamilton, 416 Md. 325, 333-34 (2010). See Rule 2-705 (f) for the factors to be applied in contractual fee-shifting actions. . . . 22 RULE 3-124 MARYLAND RULES OF PROCEDURE TITLE 3 – CIVIL PROCEDURE – DISTRICT COURT CHAPTER 100 – COMMENCEMENT OF ACTION AND PROCESS AMEND Rule 3-124 by replacing “Court of Appeals” with “Supreme Court” in sections (j) and (k), as follows: Rule 3-124. PROCESS—PERSONS TO BE SERVED . . . (j) State of Maryland Service is made upon the State of Maryland by serving the Attorney General or an individual designated by the Attorney General in a writing filed with the Clerk of the Court of Appeals Supreme Court. In any action attacking the validity of an order of an officer or agency of this State not made a party, the officer or agency shall also be served. (k) Officer or Agency of the State of Maryland Service is made on an officer or agency of the State of Maryland by serving (1) the resident agent designated by the officer or agency, or (2) the Attorney General or an individual designated by the Attorney General in a writing filed with the Clerk of the Court of Appeals Supreme Court. If service is made on the Attorney General or a designee of the Attorney General and the officer or agency is not ordinarily represented by the 23 RULE 3-124 Attorney General, the Attorney General or designee promptly shall forward the process and papers to the appropriate officer or agency. . . . 24 RULE 3-632 MARYLAND RULES OF PROCEDURE TITLE 3 – CIVIL PROCEDURE – DISTRICT COURT CHAPTER 600 – JUDGMENT AMEND Rule 3-632 by replacing “Court of Special Appeals” with “Appellate Court” in section (d), as follows: Rule 3-632. STAY OF ENFORCEMENT . . . (d) Pending Appeal Except as provided in this section and in section (e) of this Rule, a stay pending appeal is governed by the procedures set forth in Rules 8-422 through 8-424. References in those Rules to the Court of Special Appeals Appellate Court shall be regarded as references to the circuit court having jurisdiction of the appeal. If the court determines that because of the nature of the action enforcement of the judgment should not be stayed by the filing of a supersedeas bond or other security, it may enter an order denying a stay or permitting a stay only on the terms stated in the order. . . . 25 RULE 3-731 MARYLAND RULES OF PROCEDURE TITLE 3 – CIVIL PROCEDURE – DISTRICT COURT CHAPTER 700 – SPECIAL PROCEEDINGS AMEND Rule 3-731 by replacing “Chief Judge of the Court of Appeals” with “Chief Justice of the Supreme Court” in section (b), as follows: Rule 3-731. PEACE ORDERS . . . (b) Form of Petition A petition for relief under the statute shall be substantially in the form approved by the State Court Administrator and the Chief Judge of the Court of Appeals Chief Justice of the Supreme Court, posted on the judiciary website, and available in the offices of the clerks of the District Court. . . . 26 RULE 4-271 MARYLAND RULES OF PROCEDURE TITLE 4 – CRIMINAL CAUSES CHAPTER 200 – PRETRIAL PROCEDURES AMEND Rule 4-271 by replacing “Chief Judge of the Court of Appeals” with “Chief Justice of the Supreme Court” and “Judge” with “Justice” in subsection (a)(2), as follows: Rule 4-271. (a) TRIAL DATE Trial Date in Circuit Court (1) The date for trial in the circuit court shall be set within 30 days after the earlier of the appearance of counsel or the first appearance of the defendant before the circuit court pursuant to Rule 4-213, and shall be not later than 180 days after the earlier of those events. When a case has been transferred from the District Court because of a demand for jury trial, and an appearance of counsel entered in the District Court was automatically entered in the circuit court pursuant to Rule 4-214 (a), the date of the appearance of counsel for purposes of this Rule is the date the case was docketed in the circuit court. On motion of a party, or on the court's initiative, and for good cause shown, the county administrative judge or that judge's designee may grant a change of a circuit court trial date. If a circuit court trial date is changed, any 27 RULE 4-271 subsequent changes of the trial date may be made only by the county administrative judge or that judge's designee for good cause shown. (2) Upon a finding by the Chief Judge of the Court of Appeals Chief Justice of the Supreme Court that the number of demands for jury trial filed in the District Court for a county is having a critical impact on the efficient operation of the circuit court for that county, the Chief Judge Justice, by Administrative Order, may exempt from this section cases transferred to that circuit court from the District Court because of a demand for jury trial. . . . 28 RULE 4-333 MARYLAND RULES OF PROCEDURE TITLE 4 – CRIMINAL CAUSES CHAPTER 300 – TRIAL AND SENTENCING AMEND Rule 4-333 by replacing “Court of Appeals” with “Supreme Court” and “Court of Special Appeals” with “Appellate Court” in section (b) and the Committee note following section (b) and by making a stylistic change, as follows: Rule 4-333. MOTION TO VACATE JUDGMENT OF CONVICTION OR PROBATION BEFORE JUDGMENT . . . (b) Filing The motion shall be filed in the criminal action in which the judgment of conviction or probation before judgment was entered. If the action is then pending in the Court of Appeals Supreme Court or Court of Special Appeals Appellate Court, that Court may stay the appeal and remand the case to the trial court for it to consider the State's Attorney's motion. Committee note: Code, Criminal Procedure Article, § 8-301.1(a) permits the State's Attorney to file the motion “at any time after the entry of a probation before judgment or judgment of conviction,” and permits “the court with jurisdiction over the case” to act on it. If an appeal is pending in the Court of Appeals Supreme Court or Court of Special Appeals Appellate Court when the motion is filed, that Court would have jurisdiction over the case but no practical ability to take evidence with regard to the State's Attorney motion. If the appeal is successful, it could make the motion moot, but if the 29 RULE 4-333 motion were to be granted and the State's Attorney then enters a nolle prosequi, the appeal may become moot, at least with respect to the judgments vacated. The simplest solution in most cases would be for the appellate court to remand the case for the trial court to consider the motion. Rule 8-604 (d) permits the appellate courts to remand cases “where ”justice will be served by permitting further proceedings.” . . . 30 RULE 4-408 MARYLAND RULES OF PROCEDURE TITLE 4 – CRIMINAL CAUSES CHAPTER 400 – POST CONVICTION PROCEDURE AMEND Rule 4-408 by replacing “Court of Special Appeals” with “Appellate Court,” as follows: Rule 4-408. APPLICATION FOR LEAVE TO APPEAL An application for leave to appeal to the Court of Special Appeals Appellate Court shall be governed by Rule 8-204. Source: This Rule is derived from former Rule BK46. 31 RULE 4-502 MARYLAND RULES OF PROCEDURE TITLE 4 – CRIMINAL CAUSES CHAPTER 500 – EXPUNGEMENT OF RECORDS AMEND Rule 4-502 by replacing “Court of Appeals” with “Supreme Court” and “Court of Special Appeals” with “Appellate Court” in section (c), as follows: Rule 4-502. EXPUNGEMENT DEFINITIONS . . . (c) Court “Court” means the Court of Appeals Supreme Court, Court of Special Appeals Appellate Court, any circuit court, and the District Court. . . . 32 RULE 5-201 MARYLAND RULES OF PROCEDURE TITLE 5 – EVIDENCE CHAPTER 200 – JUDICIAL NOTICE AMEND Rule 5-201 by replacing “Court of Special Appeals” with “Appellate Court” and “Court of Appeals” with “Supreme Court” in section (a), as follows: Rule 5-201. (a) JUDICIAL NOTICE OF ADJUDICATIVE FACTS Scope of Rule This Rule governs only judicial notice of adjudicative facts. Sections (d), (e), and (g) of this Rule do not apply in the Court of Special Appeals Appellate Court or the Court of Appeals Supreme Court. . . . 33 RULE 6-464 MARYLAND RULES OF PROCEDURE TITLE 6 – SETTLEMENT OF DECEDENTS’ ESTATES CHAPTER 400 – ADMINISTRATION OF ESTATES AMEND Rule 6-464 by replacing “Court of Special Appeals” with “Appellate Court” in section (a), as follows: Rule 6-464. (a) STRIKING OF NOTICE OF APPEAL BY ORPHANS' COURT Generally On motion or on its own initiative, the orphans' court may strike a notice of appeal (1) that has not been filed within the time prescribed by Rule 6-463, (2) if the Register of Wills has prepared the record pursuant to Code, Courts Article, §§ 12501 and 12-502 and the appellant has failed to pay for the record, (3) if the appellant has failed to deposit with the Register of Wills the filing fee required by Code, Estates and Trusts Article, § 2-206, unless the fee has been waived by an order of court or by the Register of Wills pursuant to Code, Estates and Trusts Article, § 2-206(a), (4) the appeal has been taken to the Court of Special Appeals Appellate Court and the appellant has failed to deposit with the Register of Wills the transcript costs, or (5) if by reason of any other neglect on the part of the appellant the record has not been transmitted to 34 RULE 6-464 the court to which the appeal has been taken within the time prescribed in Code, Courts Article, § 12-502. ... 35 RULE 7-111 MARYLAND RULES OF PROCEDURE TITLE 7 – APPELLATE AND OTHER JUDICIAL REVIEW IN CIRCUIT COURT CHAPTER 100 – APPEALS FROM THE DISTRICT COURT TO THE CIRCUIT COURT AMEND Rule 7-111 by replacing “Court of Special Appeals” with “Appellate Court” and by making stylistic changes, as follows: Rule 7-111. STAY OF ENFORCEMENT OF JUDGMENT; BOND The procedures set forth in Rules 8-422, 8-423, and 8-424 apply to appeals from the District Court. References in those rules Rules to the Court of Special Appeals Appellate Court shall be regarded as references to the circuit court having jurisdiction of the appeal. Source: This Rule is derived from former Rule 1317. 36 RULE 7-509 MARYLAND RULES OF PROCEDURE TITLE 7 – APPELLATE AND OTHER JUDICIAL REVIEW IN CIRCUIT COURT CHAPTER 500 – APPEALS FROM THE ORPHANS’ COURT TO THE CIRCUIT COURT AMEND Rule 7-509 by replacing “Court of Special Appeals” with “Appellate Court” in the Committee note, as follows: Rule 7-509. NOTICE OF CIRCUIT COURT JUDGMENT The clerk of the circuit court shall promptly send notice of the circuit court judgment to the Register of Wills, who shall enter the notice on the docket. Committee note: As to further appeal from the judgment of the circuit court to the Court of Special Appeals Appellate Court, see Jennings v. Jennings, 20 Md. App. 369, 371 n.4 (1974), cert. denied, 271 Md. 738 (1974) and Carrick v. Henley, 44 Md. App. 124 (1979). Source: This Rule is new. 37 TITLE 8 T.O.C. MARYLAND RULES OF PROCEDURE TITLE 8 – APPELLATE REVIEW IN THE COURT OF APPEALS AND COURT OF SPECIAL APPEALS SUPREME COURT AND THE APPELLATE COURT TABLE OF CONTENTS CHAPTER 100. GENERAL PROVISIONS CHAPTER 200. OBTAINING REVIEW IN COURT OF SPECIAL APPEALS THE APPELLATE COURT CHAPTER 300. OBTAINING APPELLATE REVIEW IN COURT OF APPEALS THE SUPREME COURT CHAPTER 400. PRELIMINARY PROCEDURES CHAPTER 500. RECORD EXTRACT, BRIEFS, AND ARGUMENT CHAPTER 600. DISPOSITION 38 RULE 8-101 MARYLAND RULES OF PROCEDURE TITLE 8 – APPELLATE REVIEW IN THE COURT OF APPEALS AND COURT OF SPECIAL APPEALS SUPREME COURT AND THE APPELLATE COURT CHAPTER 100 – GENERAL PROVISIONS AMEND Rule 8-101 by replacing “Court of Appeals and the Court of Special Appeals” with “Supreme Court and the Appellate Court,” as follows: Rule 8-101. APPLICABILITY The Rules in this Title govern appellate procedure in the Court of Appeals and the Court of Special Appeals Supreme Court and the Appellate Court. Source: This Rule is new. 39 RULE 8-102 MARYLAND RULES OF PROCEDURE TITLE 8 – APPELLATE REVIEW IN THE COURT OF APPEALS AND COURT OF SPECIAL APPEALS SUPREME COURT AND THE APPELLATE COURT CHAPTER 100 – GENERAL PROVISIONS AMEND Rule 8-102 by replacing “each appellate court” with “the Supreme Court and the Appellate Court” in section (a) and by making a stylistic change, as follows: Rule 8-102. (a) TERM OF COURT For accounting and statistical reporting purposes, each appellate court the Supreme Court and the Appellate Court shall each have one term annually, beginning on September 1 of each year and continuing until the following August 31. . . . 40 RULE 8-111 MARYLAND RULES OF PROCEDURE TITLE 8 – APPELLATE REVIEW IN THE COURT OF APPEALS AND COURT OF SPECIAL APPEALS SUPREME COURT AND THE APPELLATE COURT CHAPTER 100 – GENERAL PROVISIONS AMEND Rule 8-111 by replacing “Court of Appeals” with “Supreme Court” in subsection (a)(2), by replacing “Court of Special Appeals” with “Appellate Court” in subsection (a)(2) and section (c), and by making a stylistic change, as follows: Rule 8-111. (a) DESIGNATION OF PARTIES; REFERENCES Formal Designation (1) No Prior Appellate Decision When no prior appellate decision has been rendered, the party first appealing the decision of the trial court shall be designated the appellant and the adverse party shall be designated the appellee. Unless the Court orders otherwise, the opposing parties to a subsequently filed appeal shall be designated the cross-appellant and cross-appellee. (2) Prior Appellate Decision In an appeal to the Court of Appeals Supreme Court from a decision by the Court of Special Appeals Appellate Court or by a circuit court exercising appellate jurisdiction, the party seeking review of the most recent decision shall be designated 41 RULE 8-111 the petitioner and the adverse party shall be designated the respondent. Except as otherwise specifically provided or necessarily implied, the term “appellant” as used in the rules Rules in this Title shall include a petitioner and the term “appellee” shall include a respondent. . . . (c) Victims and Victims' Representatives Although not a party to a criminal or juvenile proceeding, a victim of a crime or a delinquent act or a victim's representative may: (1) file an application for leave to appeal to the Court of Special Appeals Appellate Court from an interlocutory or a final order under Code, Criminal Procedure Article, § 11-103 and Rule 8-204; or (2) participate in the same manner as a party regarding the rights of the victim or victim's representative. Cross reference: See Rule 1-326 for service and notice to attorneys for victims and victims' representatives regarding the rights of victims and representatives. Source: This Rule is derived as follows: Section (a) is derived in part from former Rule 827 and in part new. Section (b) is derived from Fed. R. App. P. 28 (d). Section (c) is new. 42 RULE 8-112 MARYLAND RULES OF PROCEDURE TITLE 8 – APPELLATE REVIEW IN THE COURT OF APPEALS AND COURT OF SPECIAL APPEALS SUPREME COURT AND THE APPELLATE COURT CHAPTER 100 – GENERAL PROVISIONS AMEND Rule 8-112 by replacing “Court of Appeals” with “Supreme Court” in subsection (c)(1) and by making stylistic changes, as follows: Rule 8-112. FORM OF COURT PAPERS . . . (c) Printed and Computer-Generated Papers – Proportionally Spaced Type (1) Type Size and Font Proportionally spaced type (such as produced by commercial printers and many computer printers) in the text and footnotes shall be in a font approved by the Court of Appeals Supreme Court and shall not be smaller than 13 point. The Court of Appeals Supreme Court shall approve, from time to time, a list of fonts that comply with the requirements of this Rule. Upon the docketing of an appeal, the appellate clerk of the appellate court shall send the approved list to all parties or their attorneys. (2) Spacing 43 RULE 8-112 Papers prepared with proportionally spaced type shall have double spacing between lines, except that headings, indented quotations, and footnotes may be single-spaced. . . . (f) Effect of Noncompliance For noncompliance with this Rule, the an appellate court may enter any appropriate order, including an order that an improperly prepared brief be corrected at the expense of the attorney for the party for whom the brief was filed. Cross reference: and 8-501 (i). With respect to exhibits, see Rules 1-301 (e) Source: This Rule is new but is derived in part from former Rules 831 a and 1031 a. 44 RULE 8-131 MARYLAND RULES OF PROCEDURE TITLE 8 – APPELLATE REVIEW IN THE COURT OF APPEALS AND COURT OF SPECIAL APPEALS SUPREME COURT AND THE APPELLATE COURT CHAPTER 100 – GENERAL PROVISIONS AMEND Rule 8-131 by replacing “Court of Appeals” with “Supreme Court” in the tagline of section (b), by replacing “Court of Appeals” with “Supreme Court” and “Court of Special Appeals” with “Appellate Court” in subsections (b)(1) and (b)(2), and by making stylistic changes, as follows: Rule 8-131. (a) SCOPE OF REVIEW Generally The issues of jurisdiction of the trial court over the subject matter and, unless waived under Rule 2-322, over a person may be raised in and decided by the an appellate court whether or not raised in and decided by the trial court. Ordinarily, the an appellate court will not decide any other issue unless it plainly appears by the record to have been raised in or decided by the trial court, but the Court may decide such an issue if necessary or desirable to guide the trial court or to avoid the expense and delay of another appeal. (b) In Court of Appeals Supreme Court – Additional Limitations 45 RULE 8-131 (1) Prior Appellate Decision Unless otherwise provided by the order granting the writ of certiorari, in reviewing a decision rendered by the Court of Special Appeals Appellate Court or by a circuit court acting in an appellate capacity, the Court of Appeals Supreme Court ordinarily will consider only an issue that has been raised in the petition for certiorari or any cross-petition and that has been preserved for review by the Court of Appeals Supreme Court. Whenever an issue raised in a petition for certiorari or a cross-petition involves, either expressly or implicitly, the assertion that the trial court committed error, the Court of Appeals Supreme Court may consider whether the error was harmless or non-prejudicial even though the matter of harm or prejudice was not raised in the petition or in a cross-petition. Committee note: The last sentence of subsection (b)(1) of this Rule amends the holding of Coleman v. State, 281 Md. 538 (1977), and its progeny. (2) No Prior Appellate Decision Except as otherwise provided in Rule 8-304 (c), when the Court of Appeals Supreme Court issues a writ of certiorari to review a case pending in the Court of Special Appeals Appellate Court before a decision has been rendered by that Court, the Court of Appeals Supreme Court will consider those issues that would have been cognizable by the Court of Special Appeals Appellate Court. 46 RULE 8-131 (c) Action Tried Without a Jury When an action has been tried without a jury, the an appellate court will review the case on both the law and the evidence. It will not set aside the judgment of the trial court on the evidence unless clearly erroneous, and will give due regard to the opportunity of the trial court to judge the credibility of the witnesses. . . . 47 RULE 8-201 MARYLAND RULES OF PROCEDURE TITLE 8 – APPELLATE REVIEW IN THE COURT OF APPEALS AND COURT OF SPECIAL APPEALS SUPREME COURT AND THE APPELLATE COURT CHAPTER 200 – OBTAINING REVIEW IN COURT OF SPECIAL APPEALS THE APPELLATE COURT AMEND Rule 8-201 by replacing “Court of Special Appeals” with “the Appellate Court” in the name of the Rule and by replacing “Court of Special Appeals” with “Appellate Court” in sections (a) and (c), as follows: Rule 8-201. METHOD OF SECURING REVIEW – COURT OF SPECIAL APPEALS THE APPELLATE COURT (a) By Notice of Appeal Except as provided in Rule 8-204, the only method of securing review by the Court of Special Appeals Appellate Court is by the filing of a notice of appeal within the time prescribed in Rule 8-202. The notice shall be filed with the clerk of the lower court or, in an appeal from an order or judgment of an Orphans' Court, with the register of wills. clerk or register shall enter the notice on the docket. The It is sufficient that the notice be substantially in the following form: (Caption) 48 RULE 8-201 NOTICE OF APPEAL ____________________ notes an appeal to the Court of Special Appeals Appellate Court in the above-captioned action. (Signature and Certificate of Service) . . . (c) Transmittal of Record After all required fees have been deposited, the clerk shall transmit the record as provided in Rules 8-412 and 8-413. The clerk shall enter on the docket a statement of the fees paid, and, if the lower court is a circuit court in a non-MDEC county or an orphans' court, forward the filing fee with the record to the Clerk of the Court of Special Appeals Appellate Court. Committee note: When a notice of appeal is filed, the clerk should check the docket to see if it contains the entry of a judgment in compliance with Rules 2-601 and 2-602, and if not, advise the parties and the court. This note is not intended to authorize the clerk to reject a notice of appeal, to place a mandatory duty on the clerk, or to relieve counsel of their responsibility to assure that there is an appealable order or judgment properly entered on the docket before noting an appeal. Source: This Rule is derived from former Rule 1011 with the exception of the first sentence of (a) which is derived from former Rule 1010, and former Form 22. 49 RULE 8-204 MARYLAND RULES OF PROCEDURE TITLE 8 – APPELLATE REVIEW IN THE COURT OF APPEALS AND COURT OF SPECIAL APPEALS SUPREME COURT AND THE APPELLATE COURT CHAPTER 200 – OBTAINING REVIEW IN COURT OF SPECIAL APPEALS THE APPELLATE COURT AMEND Rule 8-204 by replacing “Court of Special Appeals” with “the Appellate Court” in the name of the Rule and in the tagline of section (g) and by replacing “Court of Special Appeals” with “Appellate Court” in sections (a), (b), (c), (d), (e), and (f), as follows: Rule 8-204. APPLICATION FOR LEAVE TO APPEAL TO COURT OF SPECIAL APPEALS THE APPELLATE COURT (a) Scope This Rule applies to applications for leave to appeal to the Court of Special Appeals Appellate Court. . . . (b) Application (1) How Made An application for leave to appeal to the Court of Special Appeals Appellate Court shall be filed in duplicate with the clerk of the lower court. . . . 50 RULE 8-204 (c) Record on Application (1) Time for Transmittal The clerk of the lower court shall transmit the record, together with the application, to the Court of Special Appeals Appellate Court within (A) five days after the filing of an application by a victim for leave to file an interlocutory appeal pursuant to Code, Criminal Procedure Article, § 11-103, (B) 30 days after the filing of an application for leave to appeal in any other case, or (C) such shorter time as the appellate court may direct. The clerk shall notify each party of the transmittal. . . . (d) Response Within 15 days after the clerk of the lower court sends the notice that the record and application have been transmitted to the Court of Special Appeals Appellate Court, any other party may file a response in the Court of Special Appeals Appellate Court stating why leave to appeal should be denied or granted, except that any response to an application for leave to appeal with regard to bail pursuant to Code, Courts Article, § 3-707 or with regard to an interlocutory appeal by a victim pursuant to Code, Criminal Procedure Article, § 11-103 shall be filed within five days after service of the application. (e) Additional Information 51 RULE 8-204 Before final disposition of the application, the Court of Special Appeals Appellate Court may require the clerk of the lower court to submit any portion of the stenographic transcript of the proceedings below and any additional information that the Court may wish to consider. (f) Disposition On review of the application, any response, the record, and any additional information obtained pursuant to section (e) of this Rule, without the submission of briefs or the hearing of argument, the Court shall: (1) deny the application; (2) grant the application and affirm the judgment of the lower court; (3) grant the application and reverse the judgment of the lower court; (4) grant the application and remand the judgment to the lower court with directions to that court; or (5) grant the application and order further proceedings in the Court of Special Appeals Appellate Court in accordance with section (g) of this Rule. The Clerk of the Court of Special Appeals Appellate Court shall send a copy of the order disposing of the application to the clerk of the lower court. 52 RULE 8-204 (g) Further Proceedings in Court of Special Appeals the Appellate Court . . . Source: This Rule is derived as follows: Section (a) is new. Section (b) is derived from former Rules 1093 a, 1095 a 1, 2 and 4, and 1096 a 1, 2, and 4. Section (c) is derived from former Rules 1093 b, 1095 a 3, and 1096 a 3. Section (d) is new. Section (e) is derived from former Rules 1093 c, 1095 b, and 1096 b. Section (f) is new. Section (g) is derived from former Rules 1093 d, 1095 c, and 1096 c. 53 RULE 8-301 MARYLAND RULES OF PROCEDURE TITLE 8 – APPELLATE REVIEW IN THE COURT OF APPEALS AND COURT OF SPECIAL APPEALS SUPREME COURT AND THE APPELLATE COURT CHAPTER 300 – OBTAINING APPELLATE REVIEW IN COURT OF APPEALS THE SUPREME COURT AMEND Rule 8-301 by replacing “Court of Appeals” with “Supreme Court” in the name of the Rule, section (a), the cross reference following section (a), the tagline of section (b), and sections (b) and (c); by replacing “Court of Special Appeals” with “Appellate Court” in section (b); by making stylistic changes; and by correcting a cross reference, as follows: Rule 8-301. METHOD OF SECURING REVIEW – COURT OF APPEALS THE SUPREME COURT (a) Generally Appellate review by the Court of Appeals Supreme Court may be obtained only: (1) by direct appeal where allowed by law; (2) pursuant to the Maryland Uniform Certification of Questions of Law Act; (3) by writ of certiorari upon petition filed pursuant to Rules 8-302 and 8-303; or 54 RULE 8-301 (4) by writ of certiorari issued on the Court's own initiative. Cross reference: For Code provisions governing direct appeals to the Court of Appeals Supreme Court, see Code, Election Law Article, § 12-203 concerning appeals from circuit court decisions regarding contested elections; Code, Election Law Article, § 16-1003 16-1004 concerning appeals from circuit court decisions regarding injunctive relief sought for certain violations of election law; and Code, Financial Institutions Article, § 9-712(d)(2) concerning appeals from circuit court decisions approving transfer of assets of savings and loan associations. For the Maryland Uniform Certification of Questions of Law Act, see Code, Courts Article, §§ 12-601 through 12-613. For the authority of the Court to issue a writ of certiorari on its own initiative, see Code, Courts Article, § 12-201. (b) Direct Appeals to Court of Appeals Supreme Court A direct appeal to the Court of Appeals Supreme Court allowed by law is governed by the other rules Rules of this Title applicable to appeals, or by the law authorizing the direct appeal. In the event of a conflict, the law authorizing the direct appeal shall prevail. Except as otherwise required by necessary implication, references in those rules Rules to the Court of Special Appeals Appellate Court shall be regarded as references to the Court of Appeals Supreme Court. (c) Certification of Questions of Law Certification of questions of law to the Court of Appeals Supreme Court pursuant to the Maryland Uniform Certification of Questions of Law Act is governed by Rule 8-305. Source: new. This Rule is in part derived from Rule 810 and in part 55 RULE 8-302 MARYLAND RULES OF PROCEDURE TITLE 8 – APPELLATE REVIEW IN THE COURT OF APPEALS AND COURT OF SPECIAL APPEALS SUPREME COURT AND THE APPELLATE COURT CHAPTER 300 – OBTAINING APPELLATE REVIEW IN COURT OF APPEALS THE SUPREME COURT AMEND Rule 8-302 by replacing “Court of Special Appeals” with “the Appellate Court” in the tagline of section (a) and by replacing “Court of Special Appeals” with “Appellate Court” in section (a), as follows: Rule 8-302. (a) PETITION FOR WRIT OF CERTIORARI – TIMES FOR FILING From Appeal to Court of Special Appeals the Appellate Court If a notice of appeal to the Court of Special Appeals Appellate Court has been filed pursuant to Rule 8-201, a petition for a writ of certiorari may be filed either before or after the Court of Special Appeals Appellate Court has rendered a decision, but not later than the later of 15 days after the Court of Special Appeals Appellate Court issues its mandate or 30 days after the filing of that court's opinion. . . . 56 RULE 8-304 MARYLAND RULES OF PROCEDURE TITLE 8 – APPELLATE REVIEW IN THE COURT OF APPEALS AND COURT OF SPECIAL APPEALS SUPREME COURT AND THE APPELLATE COURT CHAPTER 300 – OBTAINING APPELLATE REVIEW IN COURT OF APPEALS THE SUPREME COURT AMEND Rule 8-304 by replacing “Court of Special Appeals” with “the Appellate Court” in the name of the Rule, by replacing “Court of Special Appeals” with “Appellate Court” in sections (a) and (c), and by replacing “Court of Appeals” with “Supreme Court” in sections (a), (c), and (d), as follows: Rule 8-304. CERTIFICATION FROM COURT OF SPECIAL APPEALS THE APPELLATE COURT (a) Initiation At any time before issuance of a mandate, the Court of Special Appeals Appellate Court or the panel of that Court to which the action has been assigned may certify a question of law or the entire action to the Court of Appeals Supreme Court. Upon transmission to the Court of Appeals Supreme Court, a copy of the certification shall be forwarded to the Chief Judge of the Court of Special Appeals Appellate Court and to the parties. The Court of Appeals Supreme Court may consider the 57 RULE 8-304 certification pursuant to its authority to issue a writ of certiorari on its own motion. . . . (c) Disposition of Certification The Court of Appeals Supreme Court may refuse the certification or may issue a writ of certiorari that (1) accepts the certification as submitted, (2) modifies the questions of law certified, (3) includes the entire action although only a question of law was certified, or (4) limits review to only a question of law although the entire action was certified. The Clerk of the Court of Appeals Supreme Court shall send the order refusing the certification or the writ of certiorari to the Court of Special Appeals Appellate Court and to the parties. (d) Record Extract and Briefs If the Court of Appeals Supreme Court issues a writ of certiorari, the filing of a record extract and briefs shall be governed by Rules 8-501 through 8-511 unless the Court orders otherwise. Source: This Rule is derived from former Rules 1015 and 815. 58 RULE 8-305 MARYLAND RULES OF PROCEDURE TITLE 8 – APPELLATE REVIEW IN THE COURT OF APPEALS AND COURT OF SPECIAL APPEALS SUPREME COURT AND THE APPELLATE COURT CHAPTER 300 – OBTAINING APPELLATE REVIEW IN COURT OF APPEALS THE SUPREME COURT AMEND Rule 8-305 by replacing “Court of Appeals” with “Supreme Court” in the name of the Rule and throughout the Rule, as follows: Rule 8-305. CERTIFICATION OF QUESTIONS OF LAW TO THE COURT OF APPEALS SUPREME COURT (a) Certifying Court “Certifying court” as used in this Rule means a court authorized by Code, Courts Article, § 12-603 to certify a question of law to the Court of Appeals Supreme Court of Maryland. Committee note: Necessary implication requires that the definition of “court” set forth in Rule 1-202 does not apply in this Rule. (b) Certification Order In disposing of an action pending before it, a certifying court, on motion of any party or on its own initiative, may submit to the Court of Appeals Supreme Court a question of law of this State, in accordance with the Maryland Uniform 59 RULE 8-305 Certification of Questions of Law Act, by filing a certification order. The certification order shall be signed by a judge of the certifying court and state the question of law submitted, the relevant facts from which the question arises, and the party who shall be treated as the appellant in the certification procedure. The original order shall be forwarded to the Court of Appeals Supreme Court by the clerk of the certifying court under its official seal, together with the filing fee for docketing regular appeals, payable to the Clerk of the Court of Appeals Supreme Court. (c) Proceeding in the Court of Appeals Supreme Court The filing of the certification order in the Court of Appeals Supreme Court shall be the equivalent of the transmission of a record on appeal. The Court of Appeals Supreme Court may request, in addition, all or any part of the record before the certifying court. Upon request, the certifying court shall file the original or a copy of the parts of the record requested together with a certificate, under the official seal of the certifying court and signed by a judge or clerk of that court, stating that the materials submitted are all the parts of the record requested by the Court of Appeals Supreme Court. (d) Decision by the Court of Appeals Supreme Court 60 RULE 8-305 The written opinion of the Court of Appeals Supreme Court stating the law governing the question certified shall be sent by the Clerk of the Court of Appeals Supreme Court to the certifying court. The Clerk of the Court of Appeals Supreme Court shall certify, under seal of the Court, that the opinion is in response to the question of law of this State submitted by the certifying court. Cross reference: 609. Source: Code, Courts Article, §§ 12-601 through 12- This Rule is derived from former Rule 896. 61 RULE 8-402 MARYLAND RULES OF PROCEDURE TITLE 8 – APPELLATE REVIEW IN THE COURT OF APPEALS AND COURT OF SPECIAL APPEALS SUPREME COURT AND THE APPELLATE COURT CHAPTER 400 – PRELIMINARY PROCEDURES AMEND Rule 8-402 by replacing “Court of Special Appeals and the Court of Appeals” with “Appellate Court and the Supreme Court” in section (b); by replacing “Court of Special Appeals” with “Appellate Court” in sections (c) and (e); by replacing “Court of Appeals” with “Supreme Court” in sections (c), (d), and (e); by making stylistic changes; by updating a cross reference; and by correcting an internal reference, as follows: 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 Court of Special Appeals and the Court of Appeals 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 62 RULE 8-402 (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 Court of Special Appeals Appellate Court if the record on appeal has already been filed in that Court, (2) in the Court of Appeals 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 Court of Appeals 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 Court of Appeals 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 19-214 19-217. (e) When Entered by Clerk The Clerk of the appellate court shall formally enter the appearance of the attorney (1) in the Court of Special Appeals Appellate Court when the record on appeal is filed, (2) in the 63 RULE 8-402 Court of Appeals 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 (b) or (c) or (d) of this Rule. . . . 64 RULE 8-421 MARYLAND RULES OF PROCEDURE TITLE 8 – APPELLATE REVIEW IN THE COURT OF APPEALS AND COURT OF SPECIAL APPEALS SUPREME COURT AND THE APPELLATE COURT CHAPTER 400 – PRELIMINARY PROCEDURES AMEND Rule 8-421 by replacing “Court of Special Appeals” with “Appellate Court” in section (a), as follows: Rule 8-421. (a) DOCKETING OF APPEALS Generally The Clerk need not docket an appeal until the record in the action has been received in the Clerk's office. In the Court of Special Appeals Appellate Court the Clerk need not docket the appeal until the filing fee provided by Rule 8-201 (b) has been received by the Clerk or waived. When the record is received on or after March first in any term, the Clerk shall place the appeal on the docket for the next term. . . . 65 RULE 8-425 MARYLAND RULES OF PROCEDURE TITLE 8 – APPELLATE REVIEW IN THE COURT OF APPEALS AND COURT OF SPECIAL APPEALS SUPREME COURT AND THE APPELLATE COURT CHAPTER 400 – PRELIMINARY PROCEDURES AMEND Rule 8-425 by replacing “Court of Special Appeals” with “Appellate Court” in sections (a), (c), and (e); by replacing “Court of Appeals” with “Supreme Court” in sections (a), (c), (e), and (f); by replacing “Court of Special Appeals” with “the Appellate Court” in the tagline of section (e); by replacing “Court of Appeals” with “the Supreme Court” in the tagline of section (f); by replacing “Judge” and “judge” with “Justice” in section (f); and by making stylistic changes, as follows: Rule 8-425. (a) INJUNCTION PENDING APPEAL Generally During the pendency of an appeal, the Court of Special Appeals Appellate Court or the Court of Appeals Supreme Court may issue (1) an order staying, suspending, modifying, or restoring an order entered by the lower court or (2) an injunction, even if injunctive relief was sought and denied in the lower court. . . . 66 RULE 8-425 (c) Motion in an Appellate Court If a motion under Rule 2-632 is not practicable or such a motion was denied by the circuit court or not ruled upon within a reasonable time, the party may file a motion under this Rule in the Court of Special Appeals Appellate Court, or in the Court of Appeals Supreme Court when it has assumed jurisdiction. The motion shall include the reason why it is impracticable to seek the relief in the circuit court or, if a motion seeking the relief was considered by the circuit court, any reason given by that court for denying or not affording the relief. (d) Affidavit A motion or a response filed in the an appellate court that is based on facts not contained in the papers or record on file in that Court shall be supported by affidavit or accompanied by the papers or the part of the record on which it is based. (e) Decision – Court of Special Appeals the Appellate Court A motion filed in the Court of Special Appeals Appellate Court ordinarily will be decided by a panel of that Court. In exceptional cases, when that is impracticable because of time constraints, the Chief Judge, or, in the absence of the Chief Judge, any other judge of that Court may rule on the motion. The decision of an individual judge shall be reviewed promptly by a panel of the Court of Special Appeals Appellate Court. 67 An RULE 8-425 order of the Court of Special Appeals Appellate Court granting or denying the motion or the failure of that Court to rule on the motion within a reasonable time may be reviewed by the Court of Appeals Supreme Court on petition of a party. (f) Decision – Court of Appeals the Supreme Court A motion filed in the Court of Appeals Supreme Court pursuant to section (c) of this Rule and a petition for review filed pursuant to section (e) of this Rule ordinarily will be decided by the entire Court. In exceptional cases, when that is impracticable because of time constraints, the Chief Judge Justice, or, in the absence of the Chief Judge Justice, any other judge Justice of that Court may rule on the motion or petition. The decision of an individual judge Justice shall be reviewed promptly by the Court. . . . 68 RULE 8-432 MARYLAND RULES OF PROCEDURE TITLE 8 – APPELLATE REVIEW IN THE COURT OF APPEALS AND COURT OF SPECIAL APPEALS SUPREME COURT AND THE APPELLATE COURT CHAPTER 400 – PRELIMINARY PROCEDURES AMEND Rule 8-432 by adding new subsection (a)(1) concerning procedures for entry of an order in the Supreme Court, by creating new subsection (a)(2) containing the provisions in current section (a), by replacing “Court of Special Appeals” with “the Appellate Court” in the tagline of section (b), by replacing “Court of Special Appeals” with “Appellate Court” in section (b), and by making stylistic changes, as follows: Rule 8-432. (a) ENTRY OF ORDER By Court (1) Supreme Court Unless concurrence of two or more Justices is required, an order of the Supreme Court may be entered by the Chief Justice, or in the absence of the Chief Justice, by any other Justice of the Court. (2) Appellate Court Unless concurrence of two or more judges is required, an order of the Appellate Court may be entered by the Chief Judge, 69 RULE 8-432 or in the absence of the Chief Judge, by any other judge of the Court. (b) By Clerk – Extensions of Time in Court of Special Appeals the Appellate Court When authorized by an administrative order of the Court of Special Appeals Appellate Court, the Clerk of that Court may enter an order on behalf of the Court granting a motion to extend the time for filing a record or brief if (1) the motion is in proper form, (2) a timely response in opposition to the motion has not been filed or all parties have agreed not to oppose the granting of the motion, and (3) granting the motion will not require a rescheduling of oral argument. Cross reference: Md. Const., Art. IV, § 14; Code, Courts Art., § 1-403; Rules 8-425 and 8-602. Source: This Rule is derived from former Rules 1056 and 856. 70 RULE 8-502 MARYLAND RULES OF PROCEDURE TITLE 8 – APPELLATE REVIEW IN THE COURT OF APPEALS AND COURT OF SPECIAL APPEALS SUPREME COURT AND THE APPELLATE COURT CHAPTER 500 – RECORD EXTRACT, BRIEFS, AND ARGUMENT AMEND Rule 8-502 by replacing “Court of Special Appeals” with “Appellate Court” in the tagline of subsection (a)(8), subsection (a)(8), the tagline of subsection (a)(9), subsection (a)(9), the Committee note following subsection (a)(9), the tagline of subsection (b)(2), subsection (b)(2), and section (c); by replacing “Court of Appeals” with “Supreme Court” in the tagline of subsection (b)(1), subsection (b)(1), and section (c); and by making stylistic changes, as follows: Rule 8-502. (a) FILING OF BRIEFS Duty to File; Time . . . (8) Court of Special Appeals Appellate Court Review of Discharge for Unconstitutionality of Law No briefs need be filed in a review by the Court of Special Appeals Appellate Court under Code, Courts Article, § 3706. (9) Informal Briefing in the Court of Special Appeals Appellate Court 71 RULE 8-502 For cases in which at least one party is selfrepresented, the Chief Judge of the Court of Special Appeals Appellate Court, by administrative order, may authorize informal briefing in one or more categories of appeals in that Court. The administrative order shall: (A) list the categories of appeals to which it applies,; (B) state the protocols to be followed, including protocols to remove a case from informal briefing by stipulation of the parties or order of the Court,; and (C) promulgate forms to be used. The administrative order shall be posted on the Judiciary website, and paper copies of it shall be available to the public in the Office of the Clerk of the Court of Special Appeals Appellate Court. A case designated for informal briefing is not subject to the requirements of Rules 8-501 through 8-504, except to the extent a Rule is incorporated into the informal briefing protocols set forth in the administrative order. Committee note: Informal briefing in the Court of Special Appeals Appellate Court is intended to provide meaningful review of issues raised by self-represented parties without requiring compliance with the technical requirements of Rules 8-501 through 8-504. Informal briefing does not preclude the Court from dismissing an appeal pursuant to Rule 8-602 for a reason other than failure to comply with a Rule made inapplicable by this Rule. (b) Extension of Time (1) In the Court of Appeals Supreme Court In the Court of Appeals Supreme Court, the time for filing a brief may be extended by (A) joint stipulation of the 72 RULE 8-502 parties 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 (B) order of the Court entered on its own initiative or on motion filed pursuant to Rule 1-204. (2) In the Court of Special Appeals Appellate Court Subsection (b)(2) of this Rule governs extensions of time for filing briefs in the Court of Special Appeals Appellate Court. . . . (c) Filing and Service In an appeal to the Court of Special Appeals Appellate Court, eight copies of each brief and eight copies of each record extract shall be filed, unless otherwise ordered by the court. Unless filing an informal brief pursuant to subsection (a)(9) of this Rule, incarcerated or institutionalized parties who are self-represented shall file eight copies of each brief and eight copies of each record extract. In the Court of Appeals Supreme Court, eight 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. . . . 73 RULE 8-503 MARYLAND RULES OF PROCEDURE TITLE 8 – APPELLATE REVIEW IN THE COURT OF APPEALS AND COURT OF SPECIAL APPEALS SUPREME COURT AND THE APPELLATE COURT CHAPTER 500 – RECORD EXTRACT, BRIEFS, AND ARGUMENT AMEND Rule 8-503 by replacing “Court of Special Appeals” with “Appellate Court” in subsections (c)(1), (d)(1), (d)(2), (d)(3), and (d)(4)(A) and section (e) and by replacing “Court of Appeals” with “Supreme Court” in subsections (c)(2), (d)(1), (d)(2), (d)(3), and (d)(4)(B) and section (e), as follows: Rule 8-503. STYLE AND FORM OF BRIEFS . . . (c) Covers A brief shall have a back and cover of the following color: (1) In the Court of Special Appeals Appellate Court: (A) appellant's brief – yellow; (B) appellee's brief – green; (C) reply brief – light red; (D) amicus curiae brief – gray.; (E) cross-appellant’s reply brief – purple; (F) briefs of incarcerated or institutionalized parties who are self-represented – white. 74 RULE 8-503 (2) In the Court of Appeals Supreme Court: (A) appellant's brief – white; (B) appellee's brief – blue; (C) reply brief – tan; . . . (d) Length (1) Principal Briefs of Parties Except as otherwise provided in section (e) of this Rule or with permission of the Court, the principal brief of an appellant or appellee shall not exceed 9,100 words in the Court of Special Appeals Appellate Court or 13,000 words in the Court of Appeals Supreme Court. This limitation does not apply to (A) the table of contents and citations required by Rule 8-504 (a)(1); (B) the information required by Rule 8-504 (a)(10); or (C) a Certification of Word Count and Compliance with Rule 8-112 required by Rule 8-504 (a)(9). (2) Motion to Dismiss Except with permission of the Court, any portion of a party's brief pertaining to a motion to dismiss shall not exceed an additional 2,600 words in the Court of Special Appeals Appellate Court or 6,500 words in the Court of Appeals Supreme Court. (3) Reply Brief 75 RULE 8-503 Any reply brief shall not exceed 3,900 words in the Court of Special Appeals Appellate Court or 6,500 words in the Court of Appeals Supreme Court. (4) Amicus Curiae Brief Except with the permission of the Court, an amicus curiae brief: (A) if filed in the Court of Special Appeals Appellate Court, shall not exceed 3,900 words; and (B) if filed in the Court of Appeals Supreme Court, shall not exceed 6,500 words, except that an amicus curiae brief supporting or opposing a petition for certiorari or other extraordinary writ shall not exceed 3,900 words. (e) Briefs of Cross-Appellant and Cross-Appellee In cases involving cross-appeals, the principal brief filed by the appellee/cross-appellant shall not exceed 13,000 words. The reply brief filed by the appellant/cross-appellee shall not exceed (1) 13,000 words in the Court of Appeals Supreme Court or (2) in the Court of Special Appeals Appellate Court (A) 9,100 words if no reply to the appellee's answer is included or (B) 13,000 words if a reply is included. The reply brief filed by the cross-appellant shall not exceed 3,900 words in the Court of Special Appeals Appellate Court or 6,500 words in the Court of Appeals Supreme Court. . . . 76 RULE 8-504 MARYLAND RULES OF PROCEDURE TITLE 8 – APPELLATE REVIEW IN THE COURT OF APPEALS AND COURT OF SPECIAL APPEALS SUPREME COURT AND THE APPELLATE COURT CHAPTER 500 – RECORD EXTRACT, BRIEFS, AND ARGUMENT AMEND Rule 8-504 by replacing “Court of Special Appeals” with “Appellate Court” in subsection (a)(8), as follows: Rule 8-504. (a) CONTENTS OF BRIEF Contents A brief shall comply with the requirements of Rule 8-112 and include the following items in the order listed: . . . (8) In the Court of Special Appeals Appellate Court, a statement as to whether the party filing the brief requests oral argument. . . . 77 RULE 8-511 MARYLAND RULES OF PROCEDURE TITLE 8 – APPELLATE REVIEW IN THE COURT OF APPEALS AND COURT OF SPECIAL APPEALS SUPREME COURT AND THE APPELLATE COURT CHAPTER 500 – RECORD EXTRACT, BRIEFS, AND ARGUMENT AMEND Rule 8-511 by replacing “Court of Appeals” with “Supreme Court” in subsections (e)(1) and (e)(3)(A) and by replacing “Court of Special Appeals” with “Appellate Court” in subsections (e)(1) and (e)(3)(B), as follows: Rule 8-511. AMICUS CURIAE . . . (e) Brief Supporting or Opposing Discretionary Review (1) Motion Not Required An amicus curiae brief may be filed in the Court of Appeals Supreme Court on the question of whether the Court should issue a writ of certiorari or other extraordinary writ, or in the Court of Special Appeals Appellate Court on the question of whether the Court should grant an application for leave to appeal. A motion requesting permission to file such an amicus brief is not required, provided that the amicus curiae brief is signed by an attorney pursuant to Rule 1-311. (2) Required Contents 78 RULE 8-511 A brief filed pursuant to subsection (e)(1) of this Rule shall state whether, if the writ is issued or application is granted, the amicus curiae intends to seek consent of the parties or move for permission to file an amicus curiae brief on the issues before the Court. (3) Time for Filing (A) Unless the Court orders otherwise, an amicus curiae brief on the question of whether the Court of Appeals Supreme Court should issue a writ of certiorari or other extraordinary writ shall be filed within seven days after the petition is filed. (B) Unless the Court orders otherwise, an amicus curiae brief on the question of whether the Court of Special Appeals Appellate Court should grant an application for leave to appeal shall be filed within 15 days after the record is transmitted pursuant to Rule 8-204 (c)(1). (4) Length A brief filed pursuant to subsection (e)(1) of this Rule shall not exceed 1,900 words. . . . 79 RULE 8-521 MARYLAND RULES OF PROCEDURE TITLE 8 – APPELLATE REVIEW IN THE COURT OF APPEALS AND COURT OF SPECIAL APPEALS SUPREME COURT AND THE APPELLATE COURT CHAPTER 500 – RECORD EXTRACT, BRIEFS, AND ARGUMENT AMEND Rule 8-521 by replacing “Court of Appeals” with “Supreme Court” in the tagline of subsection (a)(1) and subsection (a)(1) and by replacing “Court of Special Appeals” with “Appellate Court” in the tagline of subsection (a)(2) and subsection (a)(2), as follows: Rule 8-521. (a) ASSIGNMENT OF CASES Regular Order (1) In the Court of Appeals Supreme Court In the Court of Appeals Supreme Court, unless advanced or postponed pursuant to this Rule, cases ordinarily will be assigned for successive sessions of the Court on the basis of their numerical order as they appear on the court docket, but the cases assigned for any session may be assigned for argument at that session without regard to their numerical order. Upon request of the Clerk, a party shall furnish an estimate of the time required for that party's argument. Argument shall be held on the day scheduled, unless postponed pursuant to this Rule. (2) In the Court of Special Appeals Appellate Court 80 RULE 8-521 In the Court of Special Appeals Appellate Court, unless advanced or postponed pursuant to this Rule, cases ordinarily will be assigned to successive sessions of the Court after the record is complete and the appellee's brief has been filed or, if no appellee's brief has been filed, after the time for filing the appellee's brief has expired. . . . 81 RULE 8-522 MARYLAND RULES OF PROCEDURE TITLE 8 – APPELLATE REVIEW IN THE COURT OF APPEALS AND COURT OF SPECIAL APPEALS SUPREME COURT AND THE APPELLATE COURT CHAPTER 500 – RECORD EXTRACT, BRIEFS, AND ARGUMENT AMEND Rule 8-552 by replacing “Court of Special Appeals” with “Appellate Court” in sections (a) and (c) and by replacing “Court of Appeals” with “Supreme Court” in section (a), as follows: Rule 8-522. (a) ORAL ARGUMENT Time Limit Except with permission of the Court, oral argument is limited to 20 minutes for each side in the Court of Special Appeals Appellate Court and 30 minutes for each side in the Court of Appeals Supreme Court. A party who believes that additional time is necessary for the adequate presentation of oral argument, may request, by letter addressed to the Court, the additional time deemed necessary. The request shall be made no later than ten days after the filing of the appellee's brief. . . . (c) Number of Counsel Except with permission of the Court, not more than two attorneys may argue for a side. In granting a request for oral 82 RULE 8-522 argument pursuant to Rule 8-523 (b)(2), the Court of Special Appeals Appellate Court may direct that only one attorney may argue for a side. When more than one attorney will argue for a side, the time allowed for the side may be divided as they desire. . . . 83 RULE 8-523 MARYLAND RULES OF PROCEDURE TITLE 8 – APPELLATE REVIEW IN THE COURT OF APPEALS AND COURT OF SPECIAL APPEALS SUPREME COURT AND THE APPELLATE COURT CHAPTER 500 – RECORD EXTRACT, BRIEFS, AND ARGUMENT AMEND Rule 8-523 by replacing “Court of Special Appeals” with “the Appellate Court” in the tagline of subsection (a)(1) and the tagline of section (b), by replacing “Court of Special Appeals” with “Appellate Court” in subsections (a)(1) and (b)(1), by replacing “Court of Appeals” with “the Supreme Court” in the tagline of subsection (a)(2), and by replacing “Court of Appeals” with “Supreme Court” in subsection (a)(2), as follows: Rule 8-523. (a) CONSIDERATION ON BRIEF Submission on Brief by Party (1) In Court of Special Appeals the Appellate Court In the Court of Special Appeals Appellate Court, a party to a case the Court has scheduled for argument may submit for consideration on brief by filing a notice with the Clerk at least ten days prior to argument. Before filing a notice submitting on brief, a party shall attempt to ascertain whether any other parties to the appeal also will submit on brief and state the position of those other parties in the notice. 84 The RULE 8-523 Court may require oral argument from either side or both sides, notwithstanding the submission on brief. (2) In Court of Appeals the Supreme Court In the Court of Appeals Supreme Court a party may not submit an appeal for consideration on brief except with permission of the Court. A request to submit on brief shall be made in writing at least 15 days before argument. (b) Directed by Court of Special Appeals the Appellate Court (1) When Directed In the Court of Special Appeals Appellate Court, if all the judges of the panel to which an appeal has been assigned conclude, after the filing of the appellant's brief, that oral argument would not be of assistance to the Court because of the nature of the questions raised, the Court shall direct that the appeal be considered on brief without oral argument. The Clerk shall promptly mail notice to all parties that the Court has directed consideration of the appeal on brief. . . . 85 RULE 8-605.1 MARYLAND RULES OF PROCEDURE TITLE 8 – APPELLATE REVIEW IN THE COURT OF APPEALS AND COURT OF SPECIAL APPEALS SUPREME COURT AND THE APPELLATE COURT CHAPTER 600 – DISPOSITION AMEND Rule 8-605.1 by replacing “Court of Special Appeals” with “Appellate Court” in the name of the Rule, section (a), and section (b), as follows: Rule 8-605.1. REPORTING OF OPINIONS OF THE COURT OF SPECIAL APPEALS APPELLATE COURT (a) Reporting of Opinions The Court of Special Appeals Appellate Court shall designate for reporting only those opinions that are of substantial interest as precedents. (b) Request for Reporting of Unreported Opinion At any time before the mandate issues, the Court of Special Appeals Appellate Court, on its own initiative or at the request of a party or nonparty filed before the date on which the mandate is due to be issued, may designate for reporting an opinion previously designated as unreported. An unreported opinion may not be designated for reporting after the mandate has issued. Cross reference: See Rule 1-104. 86 RULE 8-605.1 Source: This Rule is derived as follows: Section (a) is derived from Rule 8-113 (a). Section (b) is new. 87 RULE 8-606 MARYLAND RULES OF PROCEDURE TITLE 8 – APPELLATE REVIEW IN THE COURT OF APPEALS AND COURT OF SPECIAL APPEALS SUPREME COURT AND THE APPELLATE COURT CHAPTER 600 – DISPOSITION AMEND Rule 8-606 by replacing “Court of Special Appeals” with “the Appellate Court” in the taglines of subsections (b)(3) and (d)(2) and by replacing “Court of Special Appeals” with “Appellate Court” and “Court of Appeals” with “Supreme Court” in subsection (d)(2), as follows: Rule 8-606. MANDATE . . . (b) When Issued (1) Generally Subject to subsections (b)(2), (3), and (4) of this Rule, unless the Court orders otherwise, the Clerk shall issue the mandate upon the expiration of 30 days after the filing of the Court's opinion or entry of the Court's order. (2) Voluntary Dismissal Upon a voluntary dismissal, the Clerk shall issue the mandate immediately. (3) Court of Special Appeals The Appellate Court – Expedited Appeal 88 RULE 8-606 . . . (d) Transmission – Mandate and Record (1) Generally Except as provided in subsection (d)(2) of this Rule, upon issuance of the mandate, the Clerk shall transmit it to the appropriate lower court. Unless the appellate court orders otherwise, the original papers comprising the record shall be transmitted with the mandate. If the proceeding emanated from a non-MDEC court, the mandate shall be transmitted to the lower court in paper form. (2) Court of Special Appeals The Appellate Court – Delayed Return If a petition for a writ of certiorari is filed pursuant to Rule 8-303 while the record is in the possession of the Court of Special Appeals Appellate Court, the Clerk of the Court of Special Appeals Appellate Court shall not return the record to the lower court until (A) the petition is denied, or (B) if the petition is granted, the Court of Special Appeals Appellate Court takes action in accordance with the mandate of the Court of Appeals Supreme Court. . . . 89 RULE 8-608 MARYLAND RULES OF PROCEDURE TITLE 8 – APPELLATE REVIEW IN THE COURT OF APPEALS AND COURT OF SPECIAL APPEALS SUPREME COURT AND THE APPELLATE COURT CHAPTER 600 – DISPOSITION AMEND Rule 8-608 by replacing “Court of Appeals” with “Supreme Court” in sections (a) and (c), by replacing “Court of Special Appeals” with “Appellate Court” in section (a), and by making a stylistic change, as follows: Rule 8-608. (a) COMPUTATION OF COSTS Costs Generally Allowed The Clerk shall include in the costs the allowance determined pursuant to section (c) of this Rule for reproducing the briefs, the record extract, and any necessary appendices to briefs and any other costs prescribed by these rules Rules or other law. Unless the case is in the Court of Appeals Supreme Court and was previously heard and decided by the Court of Special Appeals Appellate Court, the Clerk shall also include the amount paid by or on behalf of the appellant for the original and the copies of the stenographic transcript of testimony furnished pursuant to section (a) of Rule 8-411. the transcript was paid for by the Office of the Public Defender, the Clerk shall so state. 90 If RULE 8-608 . . . (c) Allowance for Reproduction The Clerk shall determine the allowance for reproduction by multiplying the number of pages in the briefs, the record extract, and any necessary appendices to briefs by the standard page rate established from time to time by the Court of Appeals Supreme Court. Source: This Rule is derived from former Rules 1080, 880, 1081, and 881. 91 RULE 8-611 MARYLAND RULES OF PROCEDURE TITLE 8 – APPELLATE REVIEW IN THE COURT OF APPEALS AND COURT OF SPECIAL APPEALS SUPREME COURT AND THE APPELLATE COURT CHAPTER 600 – DISPOSITION AMEND Rule 8-611 by adding “an” to the tagline of section (a), by replacing “The” with “An” in section (a), by adding “a” to the tagline of section (b), and by making a stylistic change in section (b), as follows: Rule 8-611. (a) ENFORCEMENT By an Appellate Court The An appellate court may enforce its judgment by appropriate order. (b) By a Trial Court After the clerk of the trial court enters the mandate on the docket: (1) a party entitled to costs under the mandate may file a motion in the trial court specifying the amount of costs due and requesting that a judgment in that amount be entered by the trial court and that it be recorded and indexed as provided by Rule 2-601 (c); (2) the judgment of the appellate court is enforceable by process issued by the trial court; and (3) the judgment of the trial court may be recorded in another court and enforced by process issued by that other court pursuant to the 92 RULE 8-611 rules Rules applicable to an original judgment of the trial court. Source: This Rule is in part derived from former Rules 1078 and 878 and in part new. 93 RULE 9-205.2 MARYLAND RULES OF PROCEDURE TITLE 9 – FAMILY LAW ACTIONS CHAPTER 200 – DIVORCE, ANNULMENT, ALIMONY, CHILD SUPPORT, AND CHILD CUSTODY AMEND Rule 9-205.2 by replacing “Judge” with “Justice” and “Court of Appeals” with “Supreme Court” in subsection (k)(1), as follows: Rule 9-205.5. PARENTING COORDINATION . . . (k) Fees (1) Fee Schedules Subject to the approval of the Chief Judge Justice of the Court of Appeals Supreme Court, the county administrative judge of each circuit court may develop and adopt maximum fee schedules for parenting coordinators. In developing the fee schedules, the county administrative judge shall take into account the availability of qualified individuals willing to provide parenting coordination services and the ability of litigants to pay for those services. A parenting coordinator appointed by the court may not charge or accept a fee for parenting coordination services in that action in excess of the fee allowed by the applicable schedule. 94 Violation of this RULE 9-205.2 subsection shall be cause for removal from all lists maintained pursuant to section (d) of this Rule, Rule 9-205, and the Rules in Title 17. . . . Source: This Rule is new. 95 RULE 12-211 MARYLAND RULES OF PROCEDURE TITLE 12 – PROPERTY ACTIONS CHAPTER 200 – CONDEMNATION AMEND Rule 12-211 by replacing “Court of Special Appeals” with “Appellate Court” and “Court of Appeals” with “Supreme Court” in subsection (b)(3) and by making a stylistic change, as follows: Rule 12-211. ABANDONMENT . . . (b) When Not Allowed An action for condemnation may not be abandoned: (1) after taking has occurred; or (2) more than 120 days after the entry of judgment unless an appeal is taken; or (3) if an appeal was taken, more than 120 days after the receipt by the clerk of the lower court of a mandate of the Court of Special Appeals Appellate Court or, if the Court of Appeals Supreme Court assumes jurisdiction, of the Court of Appeals Supreme Court evidencing (A) the dismissal of the appeal by the Court, (B) the affirmance of the judgment, (C) the entry of judgment pursuant to Rule 8-604 (e), or (D) the modification of the judgment without the award of a new trial. 96 For purposes RULE 12-211 of this subsection, an appeal taken by the plaintiff that is stricken pursuant to Rule 8-203 or voluntarily dismissed shall be treated as if not taken, and the time allowed for abandonment shall be determined in accordance with subsections (1) and (2) of this section (b)(1) and (b)(2) of this Rule. . . . 97 RULE 15-205 MARYLAND RULES OF PROCEDURE TITLE 15 – OTHER SPECIAL PROCEEDINGS CHAPTER 200 – CONTEMPT AMEND Rule 15-205 by replacing “Court of Appeals or the Court of Special Appeals” with “Supreme Court or the Appellate Court” in subsection (b)(3)(A) and section (d), as follows: Rule 15-205. CONSTRUCTIVE CRIMINAL CONTEMPT; COMMENCEMENT; PROSECUTION . . . (b) Who May Institute (1) The court may initiate a proceeding for constructive criminal contempt by filing an order directing the issuance of a summons or warrant pursuant to Rule 4-212. (2) The State's Attorney may initiate a proceeding for constructive criminal contempt committed against a trial court sitting within the county in which the State's Attorney holds office by filing a petition with that court. (3) The Attorney General may initiate a proceeding for constructive criminal contempt committed (A) against the Court of Appeals or the Court of Special Appeals Supreme Court or the Appellate Court, or (B) against a trial court when the Attorney General is exercising the authority vested in the Attorney 98 RULE 15-205 General by Maryland Constitution, Art. V, § 3, by filing a petition with the court against which the contempt was allegedly committed. . . . (d) Contents; Service An order filed by the court pursuant to section (b)(1) of this Rule and a petition filed by the State's Attorney, the Attorney General, or the State Prosecutor shall contain the information required by Rule 4-202 (a). The order or petition shall be served, along with a summons or warrant, in the manner specified in Rule 4-212 or, if the proceeding is in the Court of Appeals or the Court of Special Appeals Supreme Court or the Appellate Court, in the manner directed by that court. . . . 99 RULE 15-312 MARYLAND RULES OF PROCEDURE TITLE 15 – OTHER SPECIAL PROCEEDINGS CHAPTER 300 – HABEAS CORPUS AMEND Rule 15-312 by replacing “Court of Special Appeals” with “Appellate Court,” as follows: Rule 15-312. DISCHARGE ON GROUND OF UNCONSTITUTIONALITY--REVIEW When an individual is released or discharged under a writ of habeas corpus on the ground that all or part of the statute or law under which the individual was convicted is unconstitutional, the memorandum or the transcription required by Rule 15-311 shall be filed by the judge within five days after the judge orders the release or discharge. The clerk shall promptly transmit the record to the Clerk of the Court of Special Appeals Appellate Court for further proceedings. Cross reference: 413. See Code, Courts Article, § 3-706 and Rule 8- Committee note: The provisions of Title 8 are applicable to proceedings under this Rule except to the extent otherwise provided. Source: This Rule is derived from former Rule Z56. 100 RULE 15-1103 MARYLAND RULES OF PROCEDURE TITLE 15 – OTHER SPECIAL PROCEEDINGS CHAPTER 1100 – CATASTROPHIC HEALTH EMERGENCY AMEND Rule 15-1103 by replacing “Chief Judge of the Court of Appeals” with “Chief Justice of the Supreme Court” in section (b), as follows: Rule 15-1103. INITIATION OF PROCEEDING TO CONTEST ISOLATION OR QUARANTINE . . . (b) Order Assigning Judge and Setting Hearing The County Administrative Judge or that judge's designee shall enter an order (1) assigning the matter to a judge and (2) setting the date, time, and location of a hearing on the petition or directing the clerk to promptly set the hearing and notify the parties. The clerk shall provide a copy of the order to all parties, the State Court Administrator, and the Chief Judge of the Court of Appeals Chief Justice of the Supreme Court. . . . 101 RULE 15-1104 MARYLAND RULES OF PROCEDURE TITLE 15 – OTHER SPECIAL PROCEEDINGS CHAPTER 1100 – CATASTROPHIC HEALTH EMERGENCY AMEND Rule 15-1104 by replacing “Court of Appeals” with “Supreme Court” in section (a), as follows: Rule 15-1104. (a) PROCEEDINGS IN THE CIRCUIT COURT Appointment of Counsel If a petition has been filed pursuant to Rule 15-1103 by an individual or group not represented by counsel and the petitioner does not decline court-appointed counsel, the circuit court shall appoint counsel in accordance with Code, HealthGeneral Article, § 18-906(c), or the Court of Appeals Supreme Court shall appoint counsel in accordance with Code, Public Safety Article, § 14-3A-05(f)(2). The court making the appointment may order the Secretary to pay reasonable fees and costs of the court-appointed counsel. . . . 102 TITLE 16 T.O.C. MARYLAND RULES OF PROCEDURE TITLE 16 – COURT ADMINISTRATION TABLE OF CONTENTS CHAPTER 100. COURT ADMINISTRATIVE STRUCTURE CHAPTER 200. GENERAL PROVISIONS – CIRCUIT AND DISTRICT COURTS CHAPTER 300. MANAGEMENT CIRCUIT COURTS – ADMINISTRATION AND CASE CHAPTER 400. CIRCUIT COURTS – CLERK’ OFFICES CHAPTER 500. RECORDING OF PROCEEDINGS CHAPTER 600. EXTENDED COVERAGE OF COURT PROCEEDINGS CHAPTER 700. MISCELLANEOUS JUDICIAL UNITS CHAPTER 800. MISCELLANEOUS COURT ADMINISTRATION MATTERS CHAPTER 900. ACCESS TO COURT RECORDS CHAPTER 1000. EMERGENCY POWERS OF THE CHIEF JUDGE OF COURT OF APPEALS JUSTICE OF THE SUPREME COURT 103 RULE 16-101 MARYLAND RULES OF PROCEDURE TITLE 16 – COURT ADMINISTRATION CHAPTER 100 – COURT ADMINISTRATIVE STRUCTURE AMEND Rule 16-101 by replacing “Judge of the Court of Appeals” with “Justice of the Supreme Court” in sections (a), (e), and (f); by replacing “Court of Special Appeals” with “Appellate Court” in sections (b) and (g); and by replacing “Court of Appeals” with “Supreme Court” in section (g), as follows: Rule 16-101. GENERAL ADMINISTRATIVE STRUCTURE The administrative structure of the Maryland Judiciary consists of the following: (a) The Chief Judge of the Court of Appeals Justice of the Supreme Court, exercising the administrative powers conferred by the Maryland Constitution, the Maryland Code, and the Maryland Rules and fulfilling the duties imposed thereby; (b) The Chief Judge of the Court of Special Appeals Appellate Court, exercising the administrative powers conferred upon the Chief Judge by the Maryland Code and the Maryland Rules and fulfilling the duties imposed thereby; (c) Circuit and County Administrative Judges of the circuit courts, exercising the administrative powers conferred upon them 104 RULE 16-101 by the Maryland Code and the Maryland Rules and fulfilling the duties imposed thereby; (d) The Chief Judge and Administrative Judges of the District Court, exercising the administrative powers conferred upon them by the Maryland Constitution, the Maryland Code, and the Maryland Rules and fulfilling the duties imposed thereby; (e) The Maryland Judicial Council, fulfilling the duties imposed upon the Council by the Maryland Rules and Administrative Orders of the Chief Judge of the Court of Appeals Justice of the Supreme Court; (f) The State Court Administrator and the Administrative Office of the Courts, exercising the administrative powers conferred and fulfilling the duties imposed upon them by the Maryland Code, the Maryland Rules, and Administrative Orders and directives of the Chief Judge of the Court of Appeals Justice of the Supreme Court; (g) The Clerks of the Court of Appeals Supreme Court, the Court of Special Appeals Appellate Court, the circuit courts, and the District Court, exercising the administrative powers conferred and fulfilling the duties imposed upon them by the Maryland Constitution, the Maryland Code, and the Maryland Rules; . . . 105 RULE 16-102 MARYLAND RULES OF PROCEDURE TITLE 16 – COURT ADMINISTRATION CHAPTER 100 – COURT ADMINISTRATIVE STRUCTURE AMEND Rule 16-102 by replacing “Judge of the Court of Appeals” with “Justice of the Supreme Court” in the name of the Rule and the preamble and by replacing “Judge” with “Justice” in the preamble and section (b), as follows: Rule 16-102. CHIEF JUDGE OF THE COURT OF APPEALS JUSTICE OF THE SUPREME COURT The Chief Judge of the Court of Appeals Justice of the Supreme Court is the administrative head of the Maryland judicial system and has overall responsibility for the administration of the courts of this State. In the execution of that responsibility, the Chief Judge Justice: (a) may exercise the authority granted by the Maryland Constitution, the Maryland Code, the Maryland Rules, or other law; (b) shall appoint a State Court Administrator to serve at the pleasure of the Chief Judge Justice; (c) may delegate administrative duties to other persons within the judicial system, including senior judges recalled pursuant to Code, Courts Article, § 1-302; and 106 RULE 16-102 (d) Source: may assign judges pursuant to Rule 16-108 (b). This Rule is derived from former Rule 16-101 a (2016). 107 RULE 16-103 MARYLAND RULES OF PROCEDURE TITLE 16 – COURT ADMINISTRATION CHAPTER 100 – COURT ADMINISTRATIVE STRUCTURE AMEND Rule 16-103 by replacing “Court of Appeals” with “Appellate Court” in the name of the Rule and in the body of the Rule and by replacing “Judge of the Court of Appeals” with “Justice of the Supreme Court” in the body of the Rule, as follows: Rule 16-103. CHIEF JUDGE OF THE COURT OF SPECIAL APPEALS APPELLATE COURT Subject to the provisions of this Chapter, other applicable law, and the direction of the Chief Judge of the Court of Appeals Justice of the Supreme Court, the Chief Judge of the Court of Special Appeals Appellate Court is responsible for the administration of the Court of Special Appeals Appellate Court and, with respect to that court and to the extent applicable, has the authority of a County Administrative Judge. In the absence of the Chief Judge of the Court of Special Appeals Appellate Court, the provisions of this Rule shall be applicable to the senior judge present in the Court of Special Appeals Appellate Court. Cross reference: For the definition of a “senior judge” as used in this Rule, see Rule 1-202 (aa)(1). Source: This Rule is derived from former Rule 16-101 b (2016). 108 RULE 16-104 MARYLAND RULES OF PROCEDURE TITLE 16 – COURT ADMINISTRATION CHAPTER 100 – COURT ADMINISTRATIVE STRUCTURE AMEND Rule 16-104 by replacing references to the Chief Judge of the Court of Appeals with references to the Chief Justice of the Supreme Court in sections (a) and (b), as follows: Rule 16-104. (a) CIRCUIT COURT – CIRCUIT ADMINISTRATIVE JUDGE Designation The Chief Judge of the Court of Appeals Justice of the Supreme Court shall designate, from among the incumbent judges in each judicial circuit, a Circuit Administrative Judge for each judicial circuit, to serve in that capacity at the pleasure of the Chief Judge Justice. The Circuit Administrative Judge shall serve also as the County Administrative Judge of the circuit court for the county within which the judge resides. (b) Duties Subject to the provisions of this Chapter and to the direction of the Chief Judge of the Court of Appeals Justice of the Supreme Court, the Circuit Administrative Judge is generally responsible for the overall administration of the circuit courts within the judicial circuit, and for matters that may affect 109 RULE 16-104 more than one of those courts. In carrying out those responsibilities, the Circuit Administrative Judge: (1) may perform, on a temporary basis, any of the duties of a County Administrative Judge for a circuit court within the judicial circuit in the absence of the County Administrative Judge or acting County Administrative Judge for that court; . . . 110 RULE 16-105 MARYLAND RULES OF PROCEDURE TITLE 16 – COURT ADMINISTRATION CHAPTER 100 – COURT ADMINISTRATIVE STRUCTURE AMEND Rule 16-105 by replacing references to the Chief Judge of the Court of Appeals with references to the Chief Justice of the Supreme Court in section (a), the stem of section (b), subsection (b)(11), and subsection (d)(2) and by replacing “Court of Appeals” with “Supreme Court” in subsection (b)(11), as follows: Rule 16-105. (a) CIRCUIT COURT – COUNTY ADMINISTRATIVE JUDGE Designation After considering the recommendation of the Circuit Administrative Judge, the Chief Judge of the Court of Appeals Justice of the Supreme Court shall designate a County Administrative Judge for each circuit court, to serve in that capacity at the pleasure of the Chief Judge Justice. Except as permitted by Rule 16-104 (b)(1), the County Administrative Judge shall be a judge of that circuit court. (b) Duties Subject to the provisions of this Chapter, other applicable law, the general supervision of the Chief Judge of the Court of Appeals Justice of the Supreme Court, and the 111 RULE 16-105 general supervision of the Circuit Administrative Judge, the County Administrative Judge is responsible for the administration of the circuit court, including: . . . (11) implementation and enforcement of all administrative policies, rules, orders, and directives of the Court of Appeals Supreme Court, the Chief Judge of the Court of Appeals Justice of the Supreme Court, the State Court Administrator, and the Circuit Administrative Judge of the judicial circuit; and (12) performance of any other administrative duties necessary to the effective administration of the internal management of the court and the prompt disposition of litigation in it. . . . (d) Delegation of Authority (1) A County Administrative Judge may delegate one or more of the administrative duties and functions imposed by this Rule to (A) another judge or a committee of judges of the court, including by designation of another judge of the court to serve as acting County Administrative Judge during a temporary absence of the County Administrative Judge, or (B) one or more other officials or employees of the court. (2) Except as provided in subsection (d)(3) of this Rule, in the implementation of Code, Criminal Procedure Article, § 6-103 112 RULE 16-105 and Rule 4-271 (a), a County Administrative Judge may (A) with the approval of the Chief Judge of the Court of Appeals Justice of the Supreme Court, authorize one or more judges to postpone criminal cases on appeal from the District Court or transferred from the District Court because of a demand for jury trial, and (B) authorize not more than one judge at a time to postpone all other criminal cases. . . . 113 RULE 16-106 MARYLAND RULES OF PROCEDURE TITLE 16 – COURT ADMINISTRATION CHAPTER 100 – COURT ADMINISTRATIVE STRUCTURE AMEND Rule 16-106 by replacing “Judge of the Court of Appeals” with “Justice of the Supreme Court” in sections (a) and (b), as follows: Rule 16-106. (a) CHIEF JUDGE OF THE DISTRICT COURT Generally Subject to the provisions of this Chapter and to the direction of the Chief Judge of the Court of Appeals Justice of the Supreme Court, the Chief Judge of the District Court is the chief administrative officer of that court and is responsible for the maintenance, administration, and operation of the court in all its locations throughout the State. (b) Administrative Regulations The Chief Judge of the District Court may adopt administrative regulations for the governance of the District Court, subject to and not inconsistent with the Maryland Rules, other applicable law, or with administrative orders issued by the Chief Judge of the Court of Appeals Justice of the Supreme Court. . . . 114 RULE 16-107 MARYLAND RULES OF PROCEDURE TITLE 16 – COURT ADMINISTRATION CHAPTER 100 – COURT ADMINISTRATIVE STRUCTURE AMEND Rule 16-107 by replacing “Judge of the Court of Appeals” with “Justice of the Supreme Court” in section (a), as follows: Rule 16-107. (a) ADMINISTRATIVE JUDGES OF THE DISTRICT COURT Designation Subject to the approval of the Chief Judge of the Court of Appeals Justice of the Supreme Court, the Chief Judge of the District Court shall designate a District Court judge in each district as the administrative judge for that district. . . . 115 RULE 16-108 MARYLAND RULES OF PROCEDURE TITLE 16 – COURT ADMINISTRATION CHAPTER 100 – COURT ADMINISTRATIVE STRUCTURE AMEND Rule 16-108 by replacing “Judge of the Court of Appeals” with “Justice of the Supreme Court” in the tagline of section (b) and in section (b), as follows: Rule 16-108. ASSIGNMENT OF JUDGES . . . (b) Chief Judge of the Court of Appeals Justice of the Supreme Court The Chief Judge of the Court of Appeals Justice of the Supreme Court, by order, may assign (1) a judge of the District Court, a circuit court, or an appellate court to sit temporarily in another court other than an Orphans' Court, or (2) a judge of an Orphans' Court of a county to sit temporarily in an Orphans' Court of another county in accordance with Code, Estates and Trusts Article, § 2-106(i). The order shall specify the court in which the judge is to sit and the duration of the assignment. While so assigned, the judge shall possess all of the power and authority of a judge of a court to which the judge is assigned. . . . 116 RULE 16-109 MARYLAND RULES OF PROCEDURE TITLE 16 – COURT ADMINISTRATION CHAPTER 100 – COURT ADMINISTRATIVE STRUCTURE AMEND Rule 16-109 by replacing “judges” with “Justices,” “Court of Appeals” with “Supreme Court,” “Court of Special Appeals” with “Appellate Court,” and “Judge of the Court of Appeals” with “Justice of the Supreme Court” in section (a); by adding “judges of the” in section (a); and by replacing “Judge of the Court of Appeals” with “Justice of the Supreme Court” and “Judge” with “Justice” in section (c), as follows: Rule 16-109. (a) MARYLAND JUDICIAL CONFERENCE Existence; Membership; Chair; Secretariat There is a Maryland Judicial Conference which consists of the judges Justices of the Court of Appeals Supreme Court, the judges of the Court of Special Appeals Appellate Court, the judges of the circuit courts, and the judges of the District Court. The Chief Judge of the Court of Appeals Justice of the Supreme Court is the Chair of the Conference. The Administrative Office of the Courts is the secretariat for the Conference. . . . (c) Sessions 117 RULE 16-109 Unless otherwise ordered by the Chief Judge of the Court of Appeals Justice of the Supreme Court, the Conference shall meet in general session periodically at the time and place designated by the Chief Judge Justice. Each session of the Conference shall be for the number of days determined by the Chief Judge Justice. Educational programs conducted during a meeting of the Judicial Conference shall be under the auspices of the Judiciary’s education committee created by Administrative Order. Source: This Rule is derived in part from former Rule 16-802 (2016) and is in part new. 118 RULE 16-110 MARYLAND RULES OF PROCEDURE TITLE 16 – COURT ADMINISTRATION CHAPTER 100 – COURT ADMINISTRATIVE STRUCTURE AMEND Rule 16-110 by replacing “Judge of the Court of Appeals” with “Justice of the Supreme Court” in subsection (b)(1), subsection (b)(11), the Committee note following subsection (b)(11), subsection (c)(1), subsection (d)(1), section (e), and subsection (f)(1); by replacing “Court of Special Appeals” with “Appellate Court” in subsection (b)(2); by replacing “Court of Appeals” with “Supreme Court” in subsection (b)(8); and by replacing “Judge” with “Justice” in the Committee note following subsection (b)(8) and subsections (c)(2), (d)(1), and (d)(2), as follows: Rule 16-110. (a) JUDICIAL COUNCIL Existence There is a Judicial Council. (b) Membership; Chair The Judicial Council consists of: (1) the Chief Judge of the Court of Appeals Justice of the Supreme Court, who is the Chair of the Judicial Council; (2) the Chief Judge of the Court of Special Appeals Appellate Court; 119 RULE 16-110 (3) the Chair and Vice Chair of the Conference of Circuit Judges; (4) the Chief Judge of the District Court; (5) the State Court Administrator; (6) the Chair and Vice Chair of the Conference of Circuit Court Clerks; (7) the Chair and Vice Chair of the Conference of Circuit Court Administrators; (8) the Chair of the Court of Appeals Supreme Court Standing Committee on Rules of Practice and Procedure; (9) the Chief Clerk of the District Court; and (10) the Chair of the Senior Judges Committee; and (11) three circuit court judges, three District Court judges, and two District Administrative Clerks appointed by the Chief Judge of the Court of Appeals Justice of the Supreme Court. Committee note: The Conference of Circuit Court Clerks and the Conference of Circuit Court Administrators are created and exist only by Administrative Order of the Chief Judge of the Court of Appeals Justice of the Supreme Court. The inclusion of their Chairs or Vice Chairs on the Judicial Council is not intended to affect the authority of the Chief Judge Justice to alter or revoke those Administrative Orders. (c) Terms of Appointed Members; Vacancies (1) The term of each member appointed by the Chief Judge of the Court of Appeals Justice of the Supreme Court is two years, subject to reappointment for one additional term of two years. 120 RULE 16-110 (2) If a vacancy occurs because an appointed member dies, resigns, or leaves the judicial office or office as an administrative clerk that the member occupied when appointed to the Judicial Council, the Chief Judge Justice may appoint a successor to serve for the balance of the unexpired term. (d) Duties; Authority (1) The Judicial Council serves as the principal advisory body to the Chief Judge of the Court of Appeals Justice of the Supreme Court with respect to the exercise of the Chief Judge's Justice’s authority as the administrative head of the State judicial system. Cross reference: Constitution. See Article IV, § 18 of the Maryland (2) The Chief Judge Justice, as Chair of the Judicial Council, may create committees, subcommittees, and work groups: (A) to consider matters relevant to the functioning and improvement of the Maryland Judiciary and the administration of justice in the State; and (B) to make appropriate recommendations to the Judicial Council. (3) The Chair of the Judicial Council shall make an annual report. (e) Secretary 121 RULE 16-110 The Chief Judge of the Court of Appeals Justice of the Supreme Court shall designate an individual to serve as Secretary to the Judicial Council. (f) Meetings (1) The Judicial Council shall meet on the call of the Chief Judge of the Court of Appeals Justice of the Supreme Court. (2) Unless impracticable due to exigent circumstances, the Secretary to the Judicial Council shall cause notice of all meetings of the Council to be posted on the Judiciary's website, and, subject to reasonable space limitations, all such meetings shall be open to the public. Minutes shall be kept of all meetings and posted on the Judiciary website. Source: This Rule is derived from former Rule 16-802 (2016). 122 RULE 16-111 MARYLAND RULES OF PROCEDURE TITLE 16 – COURT ADMINISTRATION CHAPTER 100 – COURT ADMINISTRATIVE STRUCTURE AMEND Rule 16-111 by replacing “Judge of the Court of Appeals” with “Justice of the Supreme Court” in subsection (a)(1), subsection (a)(2), and section (b), as follows: Rule 16-111. STATE COURT ADMINISTRATOR; ADMINISTRATIVE OFFICE OF THE COURTS (a) State Court Administrator The State Court Administrator: (1) subject to the authority of the Chief Judge of the Court of Appeals Justice of the Supreme Court, is the head of the Administrative Office of the Courts; and (2) shall perform the duties required by the Maryland Code, the Maryland Rules, and administrative orders or directives of the Chief Judge of the Court of Appeals Justice of the Supreme Court. Cross reference: (b) Code, Courts Article, §§ 7-102, 7-202, 13-101. Administrative Office of the Courts The Administrative Office of the Courts shall perform the duties required by the Maryland Code, the Maryland Rules, and administrative orders or directives issued by the Chief Judge of 123 RULE 16-111 the Court of Appeals Justice of the Supreme Court and the directives of the State Court Administrator. Cross reference: Code, Courts Article, § 13-101; Family Law Article, § 4-512. Source: This Rule is new. 124 RULE 16-201 MARYLAND RULES OF PROCEDURE TITLE 16 – COURT ADMINISTRATION CHAPTER 200 – GENERAL PROVISIONS – CIRCUIT AND DISTRICT COURTS AMEND Rule 16-201 by replacing “Judge of the Court of Appeals” with “Justice of the Supreme Court” in subsection (a)(2), subsection (b)(1), and section (c) and by replacing “Judge” with “Justice” in subsection (a)(2), as follows: Rule 16-201. (a) COURT SESSIONS In General The courts of this State shall be open each day throughout the year from Monday through Friday except: (1) on days designated pursuant to State law for the observance of legal holidays by State employees; or (2) when closed because of emergency, inclement weather, or other good cause by order of the Chief Judge of the Court of Appeals Justice of the Supreme Court or an individual designated by the Chief Judge Justice. Cross reference: For the definition of “holiday,” see Rule 1202 and Code, State Personnel and Pensions Article, § 9-201. (b) Proceedings When Courts Closed No trials or other court proceedings shall be conducted when the court is closed pursuant to section (a) of this Rule except when ordered by (1) the Chief Judge of the Court of 125 RULE 16-201 Appeals Justice of the Supreme Court or (2) a judge of the particular court in an emergency or as the public welfare may require. (c) Public or Catastrophic Health Emergency When required to deal with the effects of a public emergency or a catastrophic health emergency declared by the Governor, the Chief Judge of the Court of Appeals Justice of the Supreme Court may order that one or more courts remain open or reopen, including on a holiday or weekend. . . . 126 RULE 16-203 MARYLAND RULES OF PROCEDURE TITLE 16 – COURT ADMINISTRATION CHAPTER 200 – GENERAL PROVISIONS – CIRCUIT AND DISTRICT COURTS AMEND Rule 16-203 by replacing “Court of Appeals” with “Supreme Court” in subsection (b)(2); by replacing “Judge of the Court of Appeals” with “Justice of the Supreme Court” in sections (c), (d), and (e); by correcting a cross reference after section (c); and by replacing “Judge” with “Justice” in section (d), as follows: Rule 16-203. ELECTRONIC FILING OF PLEADINGS, PAPERS, AND REAL PROPERTY INSTRUMENTS . . . (b) Submission of Plan . . . (2) District Court The Chief Judge of the District Court may submit to the Court of Appeals Supreme Court for approval a detailed plan for a pilot project for the electronic filing of pleadings and papers. In developing the plan, the Chief Judge shall consult with the District Administrative Judge and the District A [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/court_rules%3Amd%3A15c37b77693a3633. Public record. Not legal advice.