(a)By Attorney or in Proper Person. Except as otherwise provided by rule or statute: (1) an individual may appear by an attorney or in proper person, and(2) a person other than an individual may enter an appearance only by an attorney.(b) Continuance of Appearance From Lower Court. The appearance of an attorney entered in a lower court shall continue in the 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 (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 Appellate Court if the record on appeal has already been filed in that Court, (2) in the 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 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 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 19-217.
(e)When Entered by Clerk. The Clerk of the appellate court shall formally enter the appearance of the attorney (1) in the Appellate Court when the record on appeal is filed, (2) in the 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 (c) or (d) of this Rule.(f)Striking Appearance. The appearance of an attorney may be stricken pursuant to Rule 2-132, except that a motion to withdraw an appearance must be in writing and may not be made in open court.(g)Automatic Termination of Appearance. The appearance of an attorney entered in the lower court is automatically terminated upon the entry of an appearance by the Public Defender or an attorney designated by the Public Defender.Md. R. Rev. Ct. App. & Spec. App. 8-402
This Rule is in part derived from former Rules 1005 a and 805 a and in part new.
Adopted Nov. 19, 1987, eff. 7/1/1988. Amended June 6, 2016, eff. 7/1/2016; 12/13/2016, eff. 4/1/2017; amended April 21, 2023, eff. 4/1/2023.HISTORICAL NOTES
2016 Orders
The June 6, 2016, order revised an internal reference in the Rule.
The December 13, 2016, order changed the title of the Rule, to state that an individual may appear by an attorney or in proper person, required that the appearance of a person other than an individual be by an attorney except as otherwise provided by rule or statute, and made stylistic changes.