Md. R. Rev. Ct. App. & Spec. App. 8-207

As amended through November 13, 2024

Rule 8-207 - Expedited Appeal

(a) Adoption, Guardianship, Child Access, Child in Need of Assistance, Special Immigrant Juvenile Status Cases.

(1) This section applies to every appeal to the Appellate Court (A) from a judgment granting or denying a petition (i) for adoption, guardianship terminating parental rights, or guardianship of the person of a minor or disabled person, or (ii) to declare that a child is a child in need of assistance, (B) from a judgment granting, denying, or establishing custody of or visitation with a minor child or from an interlocutory order taken pursuant to Code, Courts Article, § 12-303(3)(x), and (C) from a judgment or other appealable order granting or denying a petition or motion for an order containing findings or determinations of fact necessary to a grant of Special Immigrant Juvenile Status by the Secretary of Homeland Security or other authorized federal agency or official. Unless otherwise provided for good cause by order of the Appellate Court or by order of the Supreme Court if that Court has assumed jurisdiction over the appeal, the provisions of this section shall prevail over any other rule to the extent of any inconsistency.

(2) In the Civil Appeal Information Report filed pursuant to Rule 8-205, the appellant shall state whether the appeal is subject to this section.

(3) Within five days after (A) the entry of an order pursuant to Rule 8-206(c) directing preparation of the record, or (B) the filing of a notice of appeal in a juvenile cause subject to this Rule or from a guardianship terminating parental rights subject to this Rule, the appellant shall order the transcript and make an agreement for payment to assure its preparation. The court reporter or other person responsible for preparation of the transcript shall give priority to transcripts required for appeals subject to this section and shall complete and file the transcripts with the clerk of the lower court within 20 days after receipt of an order of the party directing their preparation and an agreement for payment of the cost. An extension of time may be granted only for good cause.

(4) The clerk of the lower court shall transmit the record to the Appellate Court within thirty days after (A) the date of the order entered pursuant to Rule 8-206(c), or (B) the filing of a notice of appeal in a juvenile cause subject to this Rule or from a guardianship terminating parental rights subject to this Rule.

(5) The briefing schedule set forth in Rule 8-502 shall apply, except that (A) an appellant's reply brief shall be filed within 15 days after the filing of the appellee's brief, (B) a cross-appellee's brief shall be filed within 20 days after the filing of a cross-appellant's brief, and (C) a cross-appellant's reply brief shall be filed within 15 days after the filing of a cross-appellee's brief. Unless directed otherwise by the Court, any oral argument shall be held within 120 days after transmission of the record. The decision shall be rendered within 60 days after oral argument or submission of the appeal on the briefs filed.

(6) Any motion for reconsideration pursuant to Rule 8-605 shall be filed within 15 days after the filing of the opinion of the Court or other order disposing of the appeal. Unless the mandate is delayed pursuant to Rule 8-605(d) or unless otherwise directed by the Court, the Clerk of the Appellate Court shall issue the mandate upon the expiration of 15 days after the filing of the court's opinion or order.

(b)By Election of Parties.

(1)Election. Within 20 days after the first notice of appeal is filed or within the time specified in an order entered pursuant to Rule 8-206(c), the parties may file with the Clerk of the Court of Special Appeals a joint election to proceed pursuant to this Rule.

(2)Statement of Case and Facts. Within 15 days after the filing of the joint election, the parties shall file with the Clerk four copies of an agreed statement of the case, including the essential facts, as prescribed by Rule 8-413(b). By stipulation of counsel filed with the clerk, the time for filing the agreed statement of the case may be extended for no more than an additional 30 days.

Committee note: Rule 8-413(b) requires that an agreed statement of the case be approved by the lower court.

(3)Withdrawal. The election is withdrawn if (1) within 15 days after its filing the parties file a joint stipulation to that effect or (2) the parties fail to file the agreed statement of the case within the time prescribed by subsection (b)(2) of this Rule. The case shall then proceed as if the first notice of appeal had been filed on the date of the withdrawal.

(4)Appellant's Brief. The appellant shall file a brief within 15 days after the filing of the agreed statement required by subsection (b)(2) of this Rule. The brief need not include statement of facts, shall be limited to two issues, and shall not exceed 2,600 words in length. Otherwise, the brief shall conform to the requirements of Rule 8-504. The appellant shall attach the agreed statement of the case as an appendix to the brief.

(5)Appellee's Brief. The appellee shall file a brief within 15 days after the filing of the appellant's brief. The brief shall not exceed 2,600 words in length and shall otherwise conform to the requirements of Rule 8-504.

(6)Reply Brief. A reply brief may be filed only with permission of the Court.

(7)Briefs in Cross-Appeals. An appellee who is also a cross-appellant shall include in the brief filed under subsection (b)(5) of this Rule the issue and argument on the cross-appeal as well as the response to the brief of the appellant. The combined brief shall not exceed 3,900 words in length. Within ten days after the filing of an appellee/cross-appellant's brief, the appellant/cross-appellee shall file a brief, not exceeding 2,600 words in length, in response to the issues and argument raised on the cross-appeal.

(8)Oral Argument. Except in extraordinary circumstances, any oral argument shall be held within 45 days after the filing of the appellee's brief or, if the Court is not in session at that time, within 45 days after commencement of the next term of the Court. The oral argument shall be limited to 15 minutes for each side.

(9)Decision. Except in extraordinary circumstances or when a panel of the Court recommends that the opinion be reported, the decision shall be rendered within 20 days after oral argument or, if all parties submitted on brief, within 30 days after the last submission.

(10)Applicability of Other Rules. The Rules of this Title governing appeals to the Appellate Court shall be applicable to expedited appeals except to the extent inconsistent with this Rule.

Md. R. Rev. Ct. App. & Spec. App. 8-207

This Rule is derived in part from former Rule 1029 and is in part new.

Adopted Nov. 19, 1987, eff. 7/1/1988. Amended March 30, 1993, eff. 7/1/1993; 9/11/1995, eff. 1/1/1996; 12/16/1999, eff. 1/1/2000; 11/12/2003, eff. 1/1/2004; 4/5/2005, eff. 7/1/2005; 11/8/2005, eff. 1/1/2006; 9/10/2009, eff. 10/1/2009; 9/17/2015, eff. 1/1/2016; 12/7/2015, eff. 1/1/2016; amended June 17, 2020, eff. 7/1/2020; amended February 9, 2022, eff. 4/1/2022; amended April 21, 2023, eff. 7/1/2023.

HISTORICAL NOTES

1999 Orders

The December 16, 1999, order, throughout the rule, corrected references to Rule 8-206(c) to be references to Rule 8-206(d).

2003 Orders

The November 12, 2003, order designated former section (a) as section (b) and former section (b) as section (a); in former section (b), now section (a), added Child in Need of Assistance Cases to the caption and, in subsec. (a)(1), added clause (C), relating to orders entered pursuant to Courts and Judicial Proceedings § 12-303.

2005 Orders

The April 5, 2005, order, in section (b), corrected internal references.

The November 8, 2005, order, in subsec. (a)(1), rewrote the first sentence, which previously read: "This section applies to every appeal to the Court of Special Appeals (A) from a judgment granting or denying a petition for adoption, guardianship terminating parental rights, or guardianship of the person of a minor or disabled person, (B) contesting a judgment granting, denying, or establishing custody of or visitation with a minor child, and (C) from an order entered pursuant to Code, Courts Article, § 12-303.

2009 Orders

The September 10, 2009, order, rewrote subsection (a)(1), which previously read:

"(1) This section applies to every appeal to the Court of Special Appeals (A) from a judgment granting or denying a petition for adoption, guardianship terminating parental rights, or guardianship of the person of a minor or disabled person, and (B) contesting a judgment granting, denying, or establishing custody of or visitation with a minor child, including an appeal from an interlocutory order taken pursuant to Code, Courts Article, § 12-303(3)(x). Unless otherwise provided for good cause by order of the Court of Special Appeals or by order of the Court of Appeals if that Court has assumed jurisdiction over the appeal, the provisions of this section shall prevail over any other rule to the extent of any inconsistency.

2015 Orders

The September 17, 2015, order, in (b) specified word count limitations in lieu of page limitations.

The December 7, 2015, order, amended the Rule to conform to proposed revised Rule 8-206.