Recent Rules Changes to the Maryland Rules Affecting the Court of Appeals

**DISCLAIMER: This summary of Rules changes affecting cases in the Court of Appeals is provided for informational purposes only and is not intended as legal advice. The Clerk’s Office does not guarantee the accuracy of the information provided, although every attempt has been made to provide accurate information. This summary may not reflect all changes to the Rules affecting the Court of Appeals. The complete Rules Order and Rules changes as adopted by the Court and referenced herein can be found here: 209th Report.**

 

Petitions for Writs of Certiorari

  • Maryland Rule 8-303(a), which provides that “[a] petition [or cross-petition] for writ of certiorari, together with seven legible copies, shall be filed with the Clerk of the Court of Appeals,” is amended, effective April 1, 2022, to eliminate the requirement that “seven legible copies” be filed. Upon the effective date, the Clerk’s Office will only require that the original petition or cross-petition be filed, with no additional copies.
     
  • Maryland Rule 8-303(d)(1), which provides that “an original and seven copies of an answer to the petition [or cross-petition]” must be filed within 15 days after service of the petition or cross-petition, is amended, effective April 1, 2022, to eliminate the requirement that “seven copies of an answer be filed.” Upon the effective date, the Clerk’s Office will only require that the original answer be filed, with no additional copies.
     
  • Maryland Rule 8-303(d)(1), which provides that an answer to a petition or a cross-petition be filed “[w]ithin 15 days after service of the petition [or cross-petition],” is amended, effective April 1, 2022, to automatically extend the deadline to answer a petition or cross-petition “to 15 days after service of the amicus curiae brief” in cases where an amicus curiae brief is filed. Upon the effective date, if an amicus curiae brief is filed in support of a petition or cross-petition pursuant to Maryland Rule 8-511(e), the deadline to answer will be automatically extended to 15 days after service of the amicus curiae brief.
     
  • Maryland Rule 8-303(d)(2) is added, effective April 1, 2022, to provide that “Except with the permission of the Court of Appeals: (a) an answer to a petition shall not exceed 3,900 words, and (b) a reply to a cross-petition shall not exceed 1,500 words.”

 

Certified Questions of Law

  • Maryland Rule 8-305(b), which provides that a certifying court must transmit the “original [certification] order and seven copies . . . to the Court of Appeals by the clerk of the certifying court,” is amended, effective April 1, 2022, to eliminate the requirement that “seven copies” be filed. Upon the effective date, the Clerk’s Office will only require that the original certification order be filed, with no additional copies.
     

 

Appellate Briefs

  • Maryland Rule 8-502(e)(1) is added, effective April 1, 2022, to allow for a party to file a “Notice of Supplemental Citation” after the party’s brief has been filed, including after oral argument but before the issuance of the mandate.
     
  • Maryland Rule 8-503(b)(5) is added, effective April 1, 2022, to require references to an appendix to a cross-appellant’s reply brief to be indicated as (Cr. Apx………).
     
  • Maryland Rule 8-503(c)(2)(3) is added, effective April 1, 2022, to provide that a cross-appellant’s reply brief should be orange.
     
  • Maryland Rule 8-503(e) is updated, effective April 1, 2022, to reflect that the back and cover color of the principal brief and any reply brief filed by the appellee/cross-appellant is stated in Rule 8-305(c) and further provides that the reply brief filed by the cross-appellant shall not exceed 3,900 words.
     
  • Maryland Rule 8-405(a)(9),which provides that the “font used and type size in points shall be stated on the last page” of a brief, is amended, effective April 1, 2022, to require that “a Certification of Word Count and Compliance with Rule 8-112 substantially in the form set forth in subsection (a)(9)(A) of this Rule” should instead be included in the brief. See Rule 8-504(a)(9)(A) for the form of the certification.

 

Amicus Curiae

  • Maryland Rule 8-511(e)(1) is added, effective April 1, 2022, to allow for a brief supporting or opposing discretionary review to be filed without a motion requesting permission to file such an amicus brief, provided that the amicus brief is signed by an attorney. Pursuant to subsection (e)(3)(A) of that Rule, an amicus brief on the petition docket “shall be filed within seven days after the petition is filed and, pursuant to subsection (e)(4) “shall not exceed 1,900 words.”

 

Disposition

  • Maryland Rule 8-602, which provides that a motion for reconsideration of an order dismissing an appeal must be filed no later than 10 days after entry of the order, is amended, effective April 1, 2022, to allow for the motion to be filed no later than 20 days after entry of the order.

 

MDEC

  • Maryland Rule 20-102(b)(2), which provides that Title 20 applies to “other proceedings” only if ordered by the Court of Appeals, is amended, effective April 1, 2022, to provide that Title 20 applies to questions of law certified to the Court.