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My question is regarding the "record extract" when filing an appeal in the MD Court of Special Appeals.

Baltimore, MD |
Filed under: Lawsuits and disputes

I understand the outline of the record extract and that the brief contents must be in the extract. I also know that you should omit parts that aren't relevant to the appeal. But one thing I am having a problem with...

Do I choose the items from the record of proceedings and include that full document (amended complaint, summons, etc.), or do I have to go through each document (amended complaint, opposition to dismissal, etc) and pull out the pages that contain the info I want to include in the brief.

I hope that makes sense. I just need to know that if I need something from one of the items listen in the record of proceedings, do I include that full document, or do I just extract the certain pages from that document, that contain the info that is relevant to the appeal???

Attorney Answers 3

  1. You really should hire an attorney. Appeals concern legal issues and not issues of fact, so if you're attempting to re-argue the case, then you'll find the Court of Special Appeals is not the place for a "do over." The lower court already through a judge or jury made findings of fact, and those won't be disturbed by an appellate court unless certain circumstances exist, i.e. the findings were clearly erroneous, against the weight of the evidence, or an abuse of judicial discretion. The record extract is not for introducing evidence and other copies of documents.

    Rule 8-501(c) provides:(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.

    Thus, any pleading, transcript, etc. or portion of a transcript relevant addressing the error of law the lower court made should be relevant. If it were me, I'd Include the full pleading and/or portion of the court transcript relevant to your case.

    DISCLAIMER: Brandy A. Peeples is licensed to practice law in the State of Maryland. This answer is being provided for informational purposes only and the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship. For legal advice relating to your specific situation, I strongly urge you to consult with an attorney in your area. NO COMMUNICATIONS WITH ME ARE TO BE CONSTRUED AS ARISING FROM AN ATTORNEY-CLIENT RELATIONSHIP AND NO ATTORNEY-CLIENT RELATIONSHIP WILL BE ESTABLISHED WITH ME UNLESS I HAVE EXPRESSLY AGREED TO UNDERTAKE YOUR REPRESENTATION, WHICH INCLUDES THE EXECUTION OF A WRITTEN AGREEMENT OF RETAINER.

  2. A civil appeal is complicated, as you are discovering. The record extract and the contents of the record define the set off "fact" from which the legal issues derive. The record extract is often negotiated among counsel to assure both brevity and completeness. Your question highlights, perfectly, where a pro se litigant gets tripped up in the process.

  3. In the first place, you don't say whether you are the appellant or the appellee. As an appellant you are required to include in the record extract all that the appellee designates for inclusion. It is to be a cooperative effort. Without knowing the case, its not possible to say what is pertinent and therefore should be included. Almost without fail the complaint and answer would be pertinent. Err on the side of inclusion. There can be serious consequences for an inadequate joint record extract. See Rule 8-501

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