Md. R. Rev. Ct. App. & Spec. App. 8-204

As amended through October 15, 2024

Rule 8-204 - Application for Leave to Appeal to The Appellate Court

(a)Scope. This Rule applies to applications for leave to appeal to the Appellate Court.

Cross reference: For Code provisions governing applications for leave to appeal, see Courts Article, § 3-707 concerning bail; Courts Article, § 12-302(e) concerning guilty plea cases; Courts Article, § 12-302(g) concerning revocation of probation cases; Criminal Procedure Article, § 11-103 concerning victims of violent crimes or delinquent acts; Criminal Procedure Article, § 7-109 concerning post conviction cases; Correctional Services Article, § 10-206 et seq. concerning inmate grievances; and Health-General Article, §§ 12-117(e)(2), 12-118(d)(2), and 12-120(k)(2) concerning continued commitment, conditional release, or discharge of an individual committed as not criminally responsible by reason of insanity or incompetent to stand trial.

(b) Application.

(1)How Made. An application for leave to appeal to the Appellate Court shall be filed in duplicate with the clerk of the lower court.

(2)Time for Filing.

(A) Generally. Except as otherwise provided in subsection (b)(2)(B) of this Rule, the application shall be filed within 30 days after entry of the judgment or order from which the appeal is sought.

(B) Interlocutory Appeal by Victim. An application with regard to an interlocutory appeal by a victim pursuant to Code, Criminal Procedure Article, § 11-103 alleging that the criminal or juvenile court denied or failed to consider a victim's right may be filed at the time the victim's right is actually being denied or within 10 days after the request is made on behalf of the victim, whether or not the court has ruled on the request.

Committee note: Code, Courts Article, § 11-103(c) provides that the filing of an application for leave to appeal by a victim does not stay other proceedings in a criminal or juvenile action unless all parties in the action consent to the stay.

(C) Bail. An application for leave to appeal with regard to bail pursuant to Code, Courts Article, § 3-707 shall be filed within ten days after entry of the order from which the appeal is sought.

(3)Content. The application shall contain a concise statement of the reasons why the judgment should be reversed or modified and shall specify the errors allegedly committed by the lower court.

(4)Service. If the applicant is the State of Maryland, it shall serve a copy of the application on the adverse party in compliance with Rule 1-321. Any other applicant shall serve a copy of the application on the Attorney General in compliance with Rule 1-321. If the applicant is not represented by an attorney, the clerk of the lower court shall promptly mail a copy of the application to the Attorney General.

(c) Record on Application.

(1)Time for Transmittal. The clerk of the lower court shall transmit the record, together with the application, to the 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.

(2)Post Conviction Proceedings. On application for leave to appeal from a post conviction proceeding, the record shall contain the petition, the State's Attorney's response, any subsequent papers filed in the proceeding, and the statement and order required by Rule 4-407.

(3)Habeas Corpus Proceedings. On application for leave to appeal from a habeas corpus proceeding in regard to bail, the record shall contain the petition, any response filed by the State's Attorney, the order of the court, and the judge's memorandum of reasons.

(4)Victims. On application by a victim for leave to appeal pursuant to Code, Criminal Procedure Article, § 11-103, the record shall contain (A) the application; (B) any response to the application filed by the defendant, a child or liable parent under Code, Criminal Procedure Article, § 11-601, the State's Attorney, or the Attorney General; (C) any pleading regarding the victim's request including, if applicable, a statement that the court has failed to consider a right of the victim; and (D), if applicable, any order or decision of the court.

(5)Other Applications for Leave to Appeal. On any other application for leave to appeal, the record shall contain all of the original papers and exhibits filed in the proceeding.

Cross reference: Code, Courts Article § 3-707.

(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 Appellate Court, any other party may file a response in the 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. Before final disposition of the application, the 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 Appellate Court in accordance with section (g) of this Rule.

The Clerk of the Appellate Court shall send a copy of the order disposing of the application to the clerk of the lower court.

(g)Further Proceedings in the Appellate Court.

(1)Generally. Further proceedings directed under subsection (f)(5) of this Rule shall be conducted pursuant to this Title and as if the order granting leave to appeal were a notice of appeal filed pursuant to Rule 8-202. If the record on application for leave to appeal is to constitute the entire record to be considered on the appeal, the time for the filing of the appellant's brief shall be within 40 days after the date of the order granting leave to appeal.

(2)Further Proceedings in Interlocutory Appeals of Denial of Victims' Rights. If the order granting leave to appeal involves an interlocutory appeal by a victim pursuant to Code, Criminal Procedure Article, § 11-103, the Court may schedule oral argument without the submission of briefs and shall consider the application and any responses in lieu of briefs.

Md. R. Rev. Ct. App. & Spec. App. 8-204

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.

Adopted Nov. 19, 1987, eff. 7/1/1988. Amended June 20, 1991, eff. 7/1/1991; 6/7/1994, eff. 10/1/1994; 1/20/1999, eff. 7/1/1999; 5/9/2000, eff. 7/1/2000; 1/8/2002, eff. 2/1/2002; 4/5/2005, eff. 7/1/2005; 11/8/2005, eff. 1/1/2006; 12/4/2007, eff. 1/1/2008; 9/8/2011, eff. 1/1/2012; April 9, 2018, eff. 7/1/2018; amended April 21, 2023, eff. 4/1/2023.

HISTORICAL NOTES

2000 Orders

The May 9, 2000, order amended the cross reference following section (a).

2002 Orders

The January 8, 2002, order amended the cross reference following section (a).

2005 Orders

The April 5, 2005, order added the cross reference following section (g).

The November 8, 2005, order rewrote sections (b), (c), (d), and (g), which previously read:

"(b) Application.

"(1) How Made; Time for Filing. An application for leave to appeal to the Court of Special Appeals shall be filed in duplicate with the clerk of the lower court. The application shall be filed within 30 days after entry of the judgment or order from which the appeal is sought, except that an application for leave to appeal with regard to bail pursuant to Code, Courts Article, § 3-707 shall be filed within ten days after entry of the order from which the appeal is sought.

"(2) Content. The application shall contain a concise statement of the reasons why the judgment should be reversed or modified and shall specify the errors allegedly committed by the lower court.

"(3) Service. If the applicant is the State of Maryland, it shall serve a copy of the application on the adverse party in compliance with Rule 1-321. Any other applicant shall serve a copy of the application on the Attorney General in compliance with Rule 1-321. If the applicant is not represented by an attorney, the clerk of the lower court shall promptly mail a copy of the application to the Attorney General.

"(c) Record on Application. Within 30 days after the filing of an application for leave to appeal or within such shorter time as the appellate court may direct, the clerk of the lower court shall transmit the record, together with the application, to the Court of Special Appeals. On application for leave to appeal from a post conviction proceeding, the record shall contain the petition, the State's Attorney's response, any subsequent papers filed in the proceeding, and the statement and order required by Rule 4-407. On application for leave to appeal from a habeas corpus proceeding in regard to bail, the record shall contain the petition, any response filed by the State's Attorney, the order of the court, and the judge's memorandum of reasons. On any other application for leave to appeal, the record shall contain all of the original papers and exhibits filed in the proceeding.

"Cross reference: Code, Courts Article, § 3-707.

"(d) Response. Within 15 days after service of the application, any other party may file a response in the Court of Special Appeals stating why leave to appeal should be denied, except that any response to an application for leave to appeal with regard to bail pursuant to Code, Courts Article, § 3-707 shall be filed within five days after service of the application.

"(g) Further Proceedings in Court of Special Appeals. Further proceedings directed under section (f)(5) of this Rule shall be conducted pursuant to this Title and as if the order granting leave to appeal were a notice of appeal filed pursuant to Rule 8-202. If the record on application for leave to appeal is to constitute the entire record to be considered on the appeal, the time for the filing of the appellant's brief shall be within 40 days after the date of the order granting leave to appeal.

2007 Orders

The December 4, 2007, order, added ''or delinquent acts'' to the cross reference following section (a); in section (b)(2)(B), substituted ''criminal or juvenile court'' for ''trial court''; in the Committee note for section (b)(2)(B), substituted ''criminal or juvenile action'' for ''criminal action''; and in section (c)(4), added ''a child or liable parent under Code, Criminal Procedure Article, § 11-601,''.

2011 Orders

The September 8, 2011, order rewrote section (c)(1); and in section (d), substituted "the clerk of the lower court sends the notice that the record and application have been transmitted to the Court of Special Appeals for "service of the application. Prior to amendment, section (c)(1) read:

"(1) Time for Transmittal. 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 of the lower court shall transmit the record, together with the application, to the Court of Special Appeals.

2018 Orders

The April 9, 2018 order, updated a statutory reference in the cross reference following section (a).