Md. R. Rev. Ct. App. & Spec. App. 8-503

As amended through April 5, 2024

Rule 8-503 - Style and Form of Briefs

(a) Numbering of Pages; Binding. The pages of a brief shall be consecutively numbered. The brief shall be securely bound along the left margin.

(b)References. References (1) to the record extract, regardless of whether the record extract is included as an attachment to the appellant's brief or filed as a separate volume, shall be indicated as (E .......), (2) to any appendix to appellant's brief shall be indicated as (App .......), (3) to an appendix to appellee's brief shall be indicated as (Apx .......), (4) to an appendix to a reply brief shall be indicated as (Rep. App .......), and (5) to an appendix to a cross-appellant's reply brief shall be indicated as (Cr. Apx .......). If the case falls within an exception listed in Rule 8-501(b), references to the transcript of testimony contained in the record shall be indicated as (T .......) and other references to the record shall be indicated as (R .......).

(c)Covers. A brief shall have a back and cover of the following color:

(1)In the Appellate Court:

(A) appellant's brief--yellow;

(B) appellee's brief--green;

(C) reply brief--light red;

(D) amicus curiae brief--gray.;

(E) cross-appellant's reply brief--purple;

(F) briefs of incarcerated or institutionalized parties who are self-represented--white.

(2)In the Supreme Court:

(A) appellant's brief--white;

(B) appellee's brief--blue;

(C) reply brief--tan;

(D) amicus curiae brief--gray;

(E) cross-appellant's reply brief--orange.

The cover page shall contain the name of the appellate court, the caption of the case on appeal, and the case number on appeal, as well as the name, address, telephone number, and e-mail address, if available, of at least one attorney for a party represented by an attorney or of the party if not represented by an attorney. If the appeal is from a decision of a trial court, the cover page shall also name the trial court and each judge of that court whose ruling is at issue in the appeal. The name typed or printed on the cover constitutes a signature for purposes of Rule 1-311.

(d)Length.

(1)Principal Briefs of Parties. Except as otherwise provided in section (e) of this Rule or with permission of the Court, the principal brief of an appellant or appellee shall not exceed 9,100 words in the Appellate Court or 13,000 words in the Supreme Court. This limitation does not apply to (A) the table of contents and citations required by Rule 8-504(a)(1); (B) the information required by Rule 8-504(a)(10); or (C) a Certification of Word Count and Compliance with Rule 8-112 required by Rule 8-504(a)(9).

(2)Motion to Dismiss. Except with permission of the Court, any portion of a party's brief pertaining to a motion to dismiss shall not exceed an additional 2,600 words in the Appellate Court or 6,500 words in the Supreme Court.

(3)Reply Brief. Any reply brief shall not exceed 3,900 words in the Appellate Court or 6,500 words in the Supreme Court.

(4)Amicus Curiae Brief. Except with the permission of the Court, an amicus curiae brief:

(A) if filed in the Appellate Court, shall not exceed 3,900 words; and

(B) if filed in the Supreme Court, shall not exceed 6,500 words, except that an amicus curiae brief supporting or opposing a petition for certiorari or other extraordinary writ shall not exceed 3,900 words.

(e)Briefs of Cross-Appellant and Cross-Appellee. In cases involving cross-appeals, the principal brief filed by the appellee/cross-appellant shall not exceed 13,000 words. The reply brief filed by the appellant/cross-appellee shall not exceed (1) 13,000 words in the Supreme Court or (2) in the Appellate Court (A) 9,100 words if no reply to the appellee's answer is included or (B) 13,000 words if a reply is included. The reply brief filed by the cross-appellant shall not exceed 3,900 words in the Appellate Court or 6,500 words in the Supreme Court.

(f)Incorporation by Reference. In a case involving more than one appellant or appellee, any appellant or appellee may adopt by reference any part of the brief of another.

(g)Effect of Noncompliance. For noncompliance with this Rule, the appellate court may dismiss the appeal or make any other appropriate order with respect to the case, including an order that an improperly prepared brief be reproduced at the expense of the attorney for the party for whom the brief was filed.

Md. R. Rev. Ct. App. & Spec. App. 8-503

This Rule is derived as follows:

Section (a) is derived from former Rules 831 a and 1031 a.

Section (b) is derived from former Rules 831 a and 1031 a.

Section (c) is derived from former Rules 831 a and 1031 a.

Section (d) is in part derived from Rule 831 b and 1031 b and in part new.

Section (e) is new.

Section (f) is derived from Fed. R. App. P. 28(i).

Section (g) is derived from former Rules 831 g and 1031 f.

Adopted Nov. 19, 1987, eff. 7/1/1988. Amended Dec. 16, 1999, eff. 1/1/2000; 11/12/2003, eff. 1/1/2004; 9/10/2009, eff. 10/1/2009; 9/8/2011, eff. 1/1/2012; 10/17/2013, eff. 1/1/2014; 11/21/2013, eff. 1/1/2014; 3/2/2015, eff. 7/1/2015; 9/17/2015, eff. 1/1/2016; amended February 9, 2022, eff. 4/1/2022; amended April 21, 2023, eff. 4/1/2023.

HISTORICAL NOTES

1999 Orders

The December 16, 1999, order rewrote section (b) to clarify the citation of references.

2003 Orders

The November 12, 2003, order rewrote section (b); and, in section (c), inserted "If the appeal is from a decision of a trial court, the cover page shall also name the trial court and each judge of that court whose ruling is at issue in the appeal. Prior to amendment, section (b) read:

"(b) References. References to the record extract shall be indicated as (E ......), to any appendix to appellant's brief as (App ......), to an appendix to appellee's brief as (Apx ......), and to an appendix to a reply brief as (Rep. App ......). Any references to material not included in the record extract or an appendix shall be indicated as (T ......) for references to the transcript of testimony contained in the record and as (R ......) for other references to the record.

2009 Orders

The September 10, 2009, order, in section (c), inserted ", and e-mail address, if available,.

2011 Orders

The September 8, 2011, order added section (c)(1)(E); and in the undesignated paragraph following section (c)(2)(D), inserted "name of the appellate court, the caption of the case on appeal, and the case number on appeal, as well as the.

2013 Orders

The October 17, 2013, order, corrected an internal reference.

The November 21, 2013, order, amended (d) by establishing a page limit for an amicus curiae brief and made stylistic changes.

2015 Orders

The March 2, 2015 order amended (b) to clarify the form of references to pages in a record extract and made stylistic changes.

The September 17, 2015, order, amended (d) and (e) to specify word count limitations in briefs in lieu of page limitations, added a new section (g) requiring a certain Certification of Word Count and Compliance with Rule 8-112, and made stylistic changes.