Md. R. Rev. Ct. App. & Spec. App. 8-501

As amended through April 5, 2024

Rule 8-501 - Record Extract

(a)Duty of Appellant. Unless otherwise ordered by the appellate court or provided by this Rule, the appellant shall prepare and file a record extract in every case in the Supreme Court, subject to section (k) of this Rule, and in every civil case in the Appellate Court. The record extract shall be included as an attachment to appellant's brief, or filed as a separate volume with the brief in the number of copies required by Rule 8-502(c).

(b)Exceptions. Unless otherwise ordered by the court, a record extract shall not be filed (1) when an agreed statement of the case is filed pursuant to Rule 8-207 or 8-413(b) or (2) in an appeal in the Appellate Court from a criminal case or from child in need of assistance proceedings, extradition proceedings, inmate grievance proceedings, juvenile delinquency proceedings, permanency planning proceedings, or termination of parental rights proceedings.

Cross reference: See Rule 8-504(b) for the contents of a required appendix to appellant's brief in criminal cases in the Appellate Court.

(c)Contents. The record extract shall contain all parts of the record that are reasonably necessary for the determination of the questions presented by the appeal and any cross-appeal. It shall include the circuit court docket entries, the judgment appealed from, and such other parts of the record as are designated by the parties pursuant to section (d) of this Rule. In agreeing on or designating parts of the record for inclusion in the record extract, the parties shall refrain from unnecessary designation. The record extract shall not include those parts of the record that support facts set forth in an agreed statement of facts or stipulation made pursuant to section (g) of this Rule nor any part of a memorandum of law in the trial court, unless it has independent relevance. The fact that a part of the record is not included in the record extract or an appendix to a brief shall not preclude an appellate court from considering it.

(d)Designation by Parties. Whenever possible, the parties shall agree on the parts of the record to be included in the record extract. If the parties are unable to agree:

(1) Within 15 days after the filing of the record in the appellate court, the appellant shall serve on the appellee a statement of those parts of the record that the appellant proposes to include in the record extract.

(2) Within ten days thereafter, the appellee shall serve on the appellant a statement of any additional parts of the record that the appellee desires to be included in the record extract.

(3) Within five days thereafter, the appellant shall serve on the appellee a statement of any additional parts of the record that the appellant proposes to include in view of the parts of the record designated by the appellee.

(4) If the appellant determines that a part of the record designated by the appellee is not material to the questions presented, the appellant may demand from appellee advance payment of the estimated cost of reproducing that part. Unless the appellee pays for or secures that cost within five days after receiving the appellant's demand, the appellant may omit that part from the record extract but shall state in the record extract the reason for the omission.

(e)Appendix in Appellee's Brief. If the record extract does not contain a part of the record that the appellee believes is material, the appellee may reproduce that part of the record as an appendix to the appellee's brief together with a statement of the reasons for the additional part. The cost of producing the appendix may be withheld or divided under section (b) of Rule 8-607.

(f)Appendix in Appellant's Reply Brief. The appellant may include as an appendix to a reply brief any additional part of the record that the appellant believes is material in view of the appellee's brief or appendix. The appendix to the appellant's reply brief shall be prefaced by a statement of the reasons for the additional part. The cost of producing the appendix may be withheld or divided under section (b) of Rule 8-607.

(g)Agreed Statement of Facts or Stipulation. The parties may agree on a statement of undisputed facts that may be included in a record extract or, if the parties agree, as all or part of the statement of facts in the appellant's brief. As to disputed facts, the parties may include in the record extract, in place of any testimony or exhibit, a stipulation that summarizes the testimony or exhibit. The stipulation may state all or part of the testimony in narrative form. Any statement of facts or stipulation shall contain references to the page of the record and transcript. The parties are strongly encouraged to agree to such a statement of facts or stipulation.

(h)Table of Contents. If the record extract is produced as an appendix to a brief, the table of contents required under section (a) of Rule 8-504 shall include the contents of the appendix. If the record extract is produced as a separate volume, it shall be prefaced by its own table of contents. The table of contents shall (1) reference the first page of the initial examination, cross-examination, and redirect examination of each witness and of each pleading, exhibit, or other paper reproduced and (2) identify each document by a descriptive phrase including any exhibit number.

(i) Style and Format. The numbering of pages, binding, method of referencing, and covers of the record extract, whether an appendix to a brief or a separate volume, shall conform to sections (a) through (c) of Rule 8-503. Except as otherwise provided in this section and in section (g) of this Rule, the record extract shall reproduce verbatim the parts of the record that are included. Asterisks or other appropriate means shall be used to indicate omissions in the testimony or in exhibits. Reference shall be made to the pages of the record and transcript. The date of filing of each paper reproduced in the extract shall be stated at the head of the copy. If the transcript of testimony is reproduced, the pages shall be consecutively renumbered. Documents and excerpts of a transcript of testimony presented to the trial court more than once shall be reproduced in full only once in the record extract and may be referred to in whole or in part elsewhere in the record extract. Any photograph, document, or other paper filed as an exhibit and included in the record extract shall be included in all copies of the record extract and may be either folded to the appropriate size or photographically or mechanically reduced, so long as its legibility is not impaired.

(j)Correction of Inadvertent Errors. Material inadvertently omitted from the record extract may be included in an appendix to a brief, including a reply brief. Other inadvertent omissions or misstatements in the record extract or in any appendix may be corrected by direction of the appellate court on motion or on the Court's own initiative.

(k)Record Extract in Supreme Court on Review of Case from the Appellate Court. When a writ of certiorari is issued to review a case pending in or decided by the Appellate Court, unless the Supreme Court orders otherwise, the appellant shall file in that Court eight copies of any record extract that was filed in the Appellate Court within the time the appellant's brief is due. If a record extract was not filed in the Appellate Court or if the Supreme Court orders that a new record extract be filed, the appellant shall prepare and file a record extract pursuant to this Rule.

(l)Deferred Record Extract; Special Provisions Regarding Filing of Briefs.

(1) If the parties so agree in a written stipulation filed with the Clerk or if the appellate court so orders on motion or on its own initiative, the preparation and filing of the record extract may be deferred in accordance with this section. The provisions of section (d) of this Rule apply to a deferred record extract, except that the designations referred to therein shall be made by each party at the time that party serves the page-proof copies of its brief.

(2) If a deferred record extract authorized by this section is employed, the appellant, within 30 days after the filing of the notice required by Rule 8-412(a), shall file one page-proof copy of the brief and shall serve one copy on each party. Within 30 days after the filing of the page-proof one copy of the appellant's brief, the appellee shall file one page-proof copy of the brief and shall serve two copies on the appellant. The page-proof copies shall contain appropriate references to the pages of the parts of the record involved. The parties are not required to file paper copies of page-proof briefs if they are represented by counsel or are registered users of MDEC.

Committee note: Attorneys and other registered users are required to file briefs and other papers with the court electronically.

(3) Within 25 days after the filing of the page-proof copy of the appellee's brief, the appellant shall file the deferred record extract, and the appellant's final briefs. Within five days after the filing of the deferred record extract, the appellee shall file its final briefs.

(4) The appellant may file a reply brief in final form within 20 days after the filing of the appellee's final brief, but not later than ten days before the date of scheduled argument.

(5) In a cross-appeal:

(A) within 30 days after the filing of the page-proof copies of the appellee/cross-appellant's brief, the appellant/cross-appellee shall file one page-proof copy of a brief in response to the issues and argument raised on the cross-appeal and shall include any reply to the appellee's response that the appellant wishes to file;

(B) within 25 days after the filing of the cross-appellee/appellant's reply brief, the appellant shall file the deferred record extract, the appellant's final briefs, and the final cross-appellee's/appellant's reply briefs;

(C) within five days after the filing of the deferred record extract, the appellee shall file its final appellee/cross-appellant's briefs; and

(D) the appellee/cross-appellant may file in final form a reply to the cross-appellee's response within 20 days after the filing of the cross-appellee's final brief, but not later than ten days before the date of scheduled argument.

(6) The deferred record extract and final briefs shall be filed in the number of copies required by Rules 8-502(c), 8-501(a), and 20-404 (b). The briefs shall contain appropriate references to the pages of the record extract. The deferred record extract shall contain only the items required by Rule 8-501(c), those parts of the record actually referred to in the briefs, and any material needed to put those references in context. No changes may be made in the briefs as initially served and filed except (A) to insert the references to the pages of the record extract, (B) to correct typographical errors, and (C) to take account of a change in the law occurring since the filing of the page-proof briefs.

(7) The time for filing page-proof copies of a brief or a final brief may be extended as provided in subsections (l)(7)(A), (B), and (C) of this Rule.

(A) In the Supreme Court, the time for filing page-proof copies of a brief or final briefs may be extended by stipulation of counsel filed with the clerk so long as the final briefs set out in subsections (l) (3) and (5) of this Rule are filed at least 30 days, and any reply brief set out in subsections (l) (4) and (5) of this Rule is filed at least ten days, before the scheduled argument.

(B) In the Appellate Court, by joint stipulation filed with the Clerk, the parties may extend the time for filing a page-proof brief or final brief by no more than 30 days from the original due date of the page-proof brief or final brief. The time to file a reply brief may be extended by stipulation so long as the reply brief will be filed at least ten days before argument or the date of submission of the case on the briefs.

(C) The Appellate Court, on its own initiative or on motion filed pursuant to Rule 1-204, may extend the time for filing a brief. Absent urgent and previously unforeseeable circumstances, a motion shall be filed at least five days before the applicable due date. The motion shall:

(1) state that the moving party has sought consent of the other parties and whether each party consents to the extension; and

(2) if the requested due date is more than 30 days after the original due date, identify good cause for the extension required.

(m) Sanctions for Noncompliance. Ordinarily, an appeal will not be dismissed for failure to file a record extract in compliance with this Rule. If a record extract is not filed within the time prescribed by Rule 8-502, or on its face fails to comply with this Rule, the appellate court may direct the filing of a proper record extract within a specified time and, subject to Rule 8-607, may require a non-complying attorney or unrepresented party to advance all or part of the cost of printing the extract. The appellate court may dismiss the appeal for non-compliance with an order entered under this section.

Md. R. Rev. Ct. App. & Spec. App. 8-501

This Rule is derived from former Rules 1028 and 828 with the exception of section (l) which is derived from former Rule 833.

Adopted Nov. 19, 1987, eff. 7/1/1988. Amended Nov. 23, 1988, eff. 1/1/1989; 3/30/1993, eff. 7/1/1993; 12/10/1996, eff. 7/1/1997; 3/5/2001, eff. 7/1/2001; 11/12/2003, eff. 1/1/2004; 4/5/2005, eff. 7/1/2005; 9/10/2009, eff. 10/1/2009; 3/2/2015, eff. 7/1/2015; amended February 9, 2022, eff. 4/1/2022; amended April 21, 2023, eff. 7/1/2023.

HISTORICAL NOTES

2001 Orders

The March 5, 2001, order, in section (c), in the second sentence, deleted "; the opinion or jury instructions of the trial court, if any; the opinion of the Court of Special Appeals if the case has been decided by that Court; following "It shall include the judgment appealed from; and, in section (k), deleted the second sentence, which read: "In those cases, any opinion of the Court of Special Appeals shall be included as an appendix to the appellant's brief in the Court of Appeals.

2003 Orders

The November 12, 2003, order, in section (b), made stylistic changes; rewrote section (c); in section (d), rewrote the introductory paragraph; and rewrote section (j). Prior to amendment, sections (c) and (j) and the introductory paragraph of section (d) read:

"(c) Contents. The record extract shall contain all parts of the record that are reasonably necessary for the determination of the questions presented by the appeal and any cross-appeal. It shall include the judgment appealed from and such other parts of the record as are designated by the parties pursuant to section (d) of this Rule. The record extract shall not include those parts of the record that support facts set forth in an agreed statement of facts or stipulation made pursuant to section (g) of this Rule nor any part of a memorandum of law in the trial court, unless it has independent relevance. The fact that a part of the record is not included in the record extract shall not preclude a party from relying on it or the appellate court from considering it.

"(d) Designation by Parties. Whenever possible, the parties shall agree on the parts of the record to be included in the record extract. In agreeing on or designating parts of the record for inclusion in the record extract, the parties shall have regard for the fact that the entire record is always available to the appellate court for reference and examination and shall not engage in unnecessary designation. If the parties are unable to agree:

"(j) Correction of Inadvertent Errors. Inadvertent omissions or misstatements in the record extract or in any appendix may be corrected by direction of the appellate court on motion or on the Court's own initiative.

2005 Orders

The April 5, 2005, order rewrote section (b), which previously read:

"(b) Exceptions. Unless otherwise ordered by the court, a record extract shall not be filed (1) when an agreed statement of the case is filed pursuant to Rule 8-207 or 8-413(b) or (2) in an appeal in the Court of Special Appeals from juvenile delinquency proceedings, inmate grievance proceedings, extradition proceedings or a criminal case.

2009 Orders

The September 10, 2009, order, in section (a), substituted "the number of copies required by Rule 8-502(c) for "the same number of copies.

2015 Orders

The March 2, 2015 order amended (a) by changing the world appendix to "attachment.