Rule 8-511 - [Effective until 7/1/2024] Amicus Curiae(a) Authorization to File Amicus Curiae Brief. An amicus curiae brief may be filed only: (1) upon written consent of all parties to the appeal;(2) by the Attorney General in any appeal in which the State of Maryland may have an interest;(3) upon request by the Court;(4) as provided in subsection (e)(1) of this Rule; or(5) upon the Court's grant of a motion filed under section (b) of this Rule.(b)Motion and Brief.(1)Content of Motion. A motion requesting permission to file an amicus curiae brief shall: (A) identify the interest of the movant;(B) state the reasons why the amicus curiae brief is desirable;(C) state whether the movant requested of the parties their consent to the filing of the amicus curiae brief and, if not, why not;(D) state the issues that the movant intends to raise; and(E) identify every person, other than the movant, its members, or its attorneys, who made a monetary or other contribution to the preparation or submission of the brief, and identify the nature of the contribution.(2)Attachment of Brief. Copies of the proposed amicus curiae brief shall be attached to two of the copies of the motion filed with the Court. Cross reference: See Rule 8-431(e) for the total number of copies of a motion required when the motion is filed in an appellate court.
(3)Service. The movant shall serve a copy of the motion and proposed brief on each party.(4)If Motion Granted. If the motion is granted, the brief shall be regarded as having been filed when the motion was filed. Within ten days after the order granting the motion is filed, the amicus curiae shall file the additional number of briefs required by Rule 8-502(c).(c)Time for Filing. Except as required by subsection (e)(3) of this Rule and unless the Court orders otherwise, an amicus curiae brief shall be filed at or before the time specified for the filing of the principal brief of the appellee.
(d)Compliance With Rules 8-503 and 8-504.(1) Generally An amicus curiae brief shall comply with the applicable provisions of Rules 8-503 and 8-504, except as provided in subsection (d)(2) of this Rule.
(2) Exception An amicus curiae brief filed pursuant to subsection (e)(1) or (f)(3) of this Rule shall comply with the applicable provisions of Rule 8-112. It may, but need not, comply with the provisions of Rules 8-503 and 8-504.
(e)Brief Supporting or Opposing Discretionary Review(1) Motion Not Required An amicus curiae brief may be filed in the Supreme Court on the question of whether the Court should issue a writ of certiorari or other extraordinary writ, or in the Appellate Court on the question of whether the Court should grant an application for leave to appeal. A motion requesting permission to file such an amicus brief is not required, provided that the amicus curiae brief is signed by an attorney pursuant to Rule 1-311.
(2) Required Contents A brief filed pursuant to subsection (e)(1) of this Rule shall state whether, if the writ is issued or application is granted, the amicus curiae intends to seek consent of the parties or move for permission to file an amicus curiae brief on the issues before the Court.
(3) Time for Filing (A) Unless the Court orders otherwise, an amicus curiae brief on the question of whether the Supreme Court should issue a writ of certiorari or other extraordinary writ shall be filed within seven days after the petition is filed.(B) Unless the Court orders otherwise, an amicus curiae brief on the question of whether the Appellate Court should grant an application for leave to appeal shall be filed within 15 days after the record is transmitted pursuant to Rule 8-204(c)(1).(4) Length A brief filed pursuant to subsection (e)(1) of this Rule shall not exceed 1,900 words.
(f)Reply Brief; Oral Argument; Brief Supporting or Opposing Motion for Reconsideration. Without permission of the Court, an amicus curiae may not (1) file a reply brief, (2) participate in oral argument, or (3) file a brief in support of, or in opposition to, a motion for reconsideration. Permission may be granted only for extraordinary reasons.(g)Appellee's Reply Brief. Within ten days after the later of (1) the filing of an amicus curiae brief that is not substantially in support of the position of the appellee or (2) the entry of an order granting a motion under section (b) that permits the filing of a brief not substantially in support of the position of the appellee, the appellee may file a reply brief limited to the issues in the amicus curiae brief that are not substantially in support of the appellee's position and are not fairly covered in the appellant's principal brief. Any such reply brief shall not exceed 3,900 words.Md. R. Rev. Ct. App. & Spec. App. 8-511
This Rule is derived in part from Fed.R.App.P. 29 and Sup.Ct.R. 37 and is in part new.
Adopted Nov. 19, 1987, eff. 7/1/1988. Amended Nov. 8, 2005, eff. 1/1/2006; 11/21/2013, eff. 1/1/2014; 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
2005 Orders
The November 8, 2005, order, in section (b), in the second sentence, inserted item (4), relating to persons and entities who contribute to the preparation or submission of a brief; and amended the source note.
2013 Orders
The November 21, 2013, order, authorized the filing of an amicus curiae brief upon the written consent of all parties; authorized the filing of an amicus curiae brief by the Attorney General under certain circumstances; specified the contents of, attachments to, and service requirements for a motion requesting permission to file an amicus curiae brief; added a cross reference; added certain provisions pertaining to the granting of a motion for permission to file an amicus curiae brief; specified a time for filing certain motions and briefs; added provisions pertaining to the filing of an amicus curiae brief on the issue of whether a writ of certiorari or other extraordinary writ should be issued; required compliance with certain Rules; permitted certain briefs to be filed only with permission of the Court; specified when an appellee may file a limited reply brief; and made stylistic changes.
2015 Orders
The September 17, 2015, order, revised the time by which appellee may file a reply brief under certain circumstances and specified a word count limitation in lieu of a page count limitation.