Md. R. Rev. Ct. App. & Spec. App. 8-412

As amended through September 13, 2024

Rule 8-412 - Record-Time for Transmitting

(a)To the Appellate Court. Unless a different time is fixed by Rule 8-204 or by an order entered pursuant to section (d) of this Rule, the clerk of the lower court shall transmit the record to the Appellate Court within the applicable time specified in this section:

(1) in a civil action proceeding under Rule 8-207(a), thirty days after the first notice of appeal is filed;

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

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

Cross reference: Rule 8-207(a).

(b)To the Supreme Court. Unless a different time is fixed by order entered pursuant to section (d) of this Rule, the clerk of the court having possession of the record shall transmit it to the Supreme Court within 15 days after entry of a writ of certiorari directed to the Appellate Court, or within sixty days after entry of a writ of certiorari directed to a lower court other than the Appellate Court.

(c) When Record is Transmitted; Notice. For purposes of this Rule the record is transmitted when it is (1) delivered to the Clerk of the appellate court; (2) sent by certified mail by the clerk of the lower court, addressed to the Clerk of the appellate court; or (3) transmitted to the Clerk of the appellate court in accordance with Rule 20-402. Upon receipt and docketing of the record by the Clerk of the appellate court, the Clerk shall send a notice to the parties stating (1) the date the record was received and docketed and (2) the date by which an appellant other than a cross-appellant shall file a brief conforming with Rule 8-503. Unless otherwise ordered by the appellate court, the date by which the appellant's brief must be filed shall be no earlier than 40 days after the date the Clerk sends the notice.

(d)Shortening or Extending the Time. On motion or on its own initiative, the appellate court having jurisdiction of the appeal may shorten or extend the time for transmittal of the record. If the motion is filed after the prescribed time for transmitting the record has expired, the Court will not extend the time unless the Court finds that the failure to transmit the record was caused by the act or omission of a judge, a clerk of court, the court reporter, or the appellee.

Md. R. Rev. Ct. App. & Spec. App. 8-412

This Rule is derived from former Rules 1025 and 825.

Adopted Nov. 19, 1987, eff. 7/1/1988. Amended Dec. 16, 1999, eff. 1/1/2000; 11/8/2005, eff. 1/1/2006; 9/10/2009, eff. 10/1/2009; 11/21/2013, eff. 1/1/2014; 9/17/2015, eff. 1/1/2016; 12/7/2015, eff. 1/1/2016; 12/13/2016, eff. 4/1/2017; amended April 21, 2023, eff. 7/1/2023.

HISTORICAL NOTES

1999 Orders

The December 16, 1999, order, in section (a), substituted "Rule 8-206(d) for "Rule 8-206(c).

2005 Orders

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

2009 Orders

The September 10, 2009, order, in section (d), substituted "reporter for "stenographer.

2013 Orders

The November 21, 2013, order, added a reference to certain cases.

2015 Orders

The September 17, 2015, order amended (c) to require the clerk of the appellate court to send a certain notice.

The December 7, 2015, order, amended the Rule to conform to proposed revised Rule 8-206 and added a provision pertaining to transmission of the record in accordance with Rule 20-402.

2016 Orders

The December 13, 2016, order added a reference to Rule 8-204.