Md. R. Rev. Ct. App. & Spec. App. 8-411

As amended through October 15, 2024

Rule 8-411 - Transcript

(a)Ordering of Transcript. Unless a copy of the transcript is already on file, the appellant shall order in writing from the court reporter a transcript containing:

(1) a transcription of (A) all the testimony or (B) that part of the testimony that the parties agree, by written stipulation filed with the clerk of the lower court, is necessary for the appeal or (C) that part of the testimony ordered by the Court pursuant to Rule 8-206(c) or directed by the lower court in an order;

(2) a transcription of any portion of any proceeding relevant to the appeal that was recorded pursuant to Rule 16-503(b) and that:

(A) contains the ruling or reasoning of the court or tribunal, or

(B) is otherwise reasonably necessary for the determination of the questions presented by the appeal and any cross-appeal ; and

(3) if relevant to the appeal and in the absence of a written stipulation by all parties to the contents of the recording, a transcription of any audio or audiovisual recording or portion thereof offered or used at a hearing or trial.

Cross reference: See Rule 8-501(c).

(b)Time for Ordering. Unless otherwise ordered by the court, the appellant shall order the transcript within the applicable time specified in this section:

(1) in a civil action subject to Rule 8-207(a), the time prescribed by Rule 8-207(a)(3);

(2) in all other civil actions subject to Rule 8-205(a), ten days after the date of an order entered pursuant to Rule 8-206(c);

(3) within ten days after the granting of a petition for writ of certiorari under Code, Courts Article, § 12-305; or

(4) in all other actions, ten days after the date the first notice of appeal is filed.

Cross reference: Rule 8-207(a).

(c)Filing and Service. The appellant shall (1) file a copy of the written order to the court reporter with the clerk of the lower court for inclusion in the record, (2) cause the original transcript to be filed promptly by the court reporter with the clerk of the lower court for inclusion in the record, and (3) promptly serve a copy on the appellee.

Md. R. Rev. Ct. App. & Spec. App. 8-411

This Rule is derived in part from former Rule 1026 a 2 and Rule 826 a 2(b), and is in part new.

Adopted Nov. 19, 1987, eff. 7/1/1988. Amended June 5, 1996, eff. 1/1/1997; 12/16/1999, eff. 1/1/2000; 10/31/2002, eff. 1/1/2003; 11/8/2005, eff. 1/1/2006; 9/10/2009, eff. 10/1/2009; 12/7/2015, eff. 1/1/2016; 6/6/2016, eff. 7/1/2016; April 9, 2018, eff. July 1, 2018; amended June 29, 2020, eff. 8/1/2020; amended February 9, 2022, eff. 4/1/2022.

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).

2002 Orders

The October 31, 2002, order, in subsec. (a)(2), substituted "Rule 16-404 e for "Rule 16-404 d.

2005 Orders

The November 8, 2005, order, in section (b), in the introductory paragraph, inserted "or five days in child in need of assistance cases; and inserted the cross reference following section (b).

2009 Orders

The September 10, 2009, order, in section (a), substituted "reporter for "stenographer; added subsection (a)(3); and, in section (c), substituted "court reporter for "stenographer.

2015 Orders

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

2016 Orders

The June 6, 2016, order revised an internal reference in the Rule.

2018 Orders

The April 9, 2018 order, amended the Rule to require an appellant to order a transcript within ten days after the granting of a petition for writ of certiorari under Code, Courts Article, Section 12-305.