Rule 8-414 - Correction of Record(a) Authority of Appellate Court. On motion or on its own initiative, the appellate court may order that a material error or omission in the record be corrected. The court ordinarily may not order an addition to the record of new facts, documents, information, or evidence that had not been submitted to the lower court. Cross reference: See Beyond v. Realtime, 388 Md. 1, 10-11, n.9 (2005); Mesbahi v. Board of Physicians, 201 Md. App. 315, 340, n. 21 (2011); and Shih Ping Li v. Tzu Lee, 210 Md. App. 73, 95 (2013), aff'd Li v. Lee, 437 Md. 47 (2014).
Committee note: This Rule does not preclude the appellate court from considering facts of which the appellate court may take judicial notice, including facts bearing on mootness.
(b)Motion; Determination.(1)Generally. A party seeking correction of the record shall file a motion that specifies the parts of the record or proceedings that are alleged to be omitted or erroneous. A motion that is based on facts not contained in the record or papers on file in or under the custody and jurisdiction of the appellate court and not admitted by all the other parties shall be supported by affidavit. The motion shall be accompanied by (A) any stipulation of the parties regarding the alleged error or omission and (B) a proposed order specifying the requested corrections or additions.(2)Correction or Modification of the Record. If the parties disagree about whether the record accurately discloses what occurred in the lower court, the motion shall specify what the difference is. If the appellate court does not resolve the dispute over what occurred in the lower court, the appellate court may direct the lower court to determine whether the record differs from what actually occurred and, if appropriate, conform the record accordingly. The appellate court may set a deadline for the lower court to make its determination and return the record.(3)Other Questions. All other questions as to the form and content of the record shall be determined by the appellate court.(c) Order to Correct Record. The order of the appellate court to correct the record constitutes the correction. The Court may also direct the clerk to take any additional action to implement the correction. An order to supplement the record shall be sent to the clerk of the lower court who promptly shall transmit the additional parts of the record specified in the order.(d)Effect on Oral Argument. Oral argument generally will not be postponed because of an error or omission in the record. If a permitted correction or addition cannot be made to the record in time for the scheduled oral argument, the appellate court may (1) postpone the argument or (2) direct the argument to proceed as if the correction or addition had been made and permit it to be filed after argument.Md. R. Rev. Ct. App. & Spec. App. 8-414
This Rule is in part derived from former Rule 1027 and Rule 826 f through h and in part new.
Adopted Nov. 19, 1987, eff. 7/1/1988. Amended Sept. 17, 2015, eff. 1/1/2016.HISTORICAL NOTES
2015 Orders
The September 17, 2015, order, added to section (a) clarifying language to limit when an appellate court may correct an error or omission in the record to material errors or omissions; added to section (a) language indicating that a court ordinarily may not order an addition to the record of information, etc., that had not been submitted to the lower court; added a cross-reference to follow section (a) that reflects case authority that has considered this issue; added a Committee note explaining that this Rule does not preclude an appellate court from its authority to take judicial notice of facts in certain instances; divided section (b)into two subsections, with new subsection (b)(1) adding a requirement that a motion to correct the record must include a stipulation of the parties regarding the alleged error and new subsection (b)(2) adding a requirement that the motion must specify the area of disagreement between the parties as to whether the record accurately discloses what occurred in the lower court; added language indicating that if the appellate court does not resolve the dispute, the appellate court may direct the lower court to determine what actually occurred and conform the record; added that the appellate court may set a deadline for the lower court to make its determination and return the record; and added a new section (b)(3) to reflect the residual authority to the appellate court to answer all other questions as to the form and content of the record.