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§ 2-209. Briefs.

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   (A) Time for Filing. Any request for additional time for the filing of briefs may be filed through appellate E-Filing in the format specified by § 2-200(E)(2). Where appellate E-Filing is used to file a request for additional time, service shall be made and proved through appellate E-Service.

   (1) All briefs referenced in § 2-109 may be filed through appellate E-Filing in the format specified by § 2-200(E)(2). Where appellate E-Filing is used to file a brief, service shall be made and proved through appellate E-Service.

   (2) [Reserved.]

   (3) [Reserved.]

   (4) Briefs of amicus curiae may not be filed without leave of court. (See § 2-106.) Leave to file amicus briefs may be filed through appellate E-Filing in the format specified by § 2-200(E)(2). Where appellate E-Filing is used to file a motion for leave, service shall be made and proved through appellate E-Service.  Leave to file amicus briefs shall not be considered within 20 days of oral argument.

   (5) The motion for rehearing and brief in support and response to that motion referenced in § 2‑109(A)(5) may be filed through appellate E-Filing in the format specified by § 2-200(E)(2). Where appellate E-Filing is used to file a motion for rehearing and brief, service shall be made and proved through appellate E-Service. The requirement of § 2-109(A)(5) for filing a copy shall not apply to a motion for rehearing filed and served through appellate E-Filing and appellate E-Service.

   (6) [Reserved.]

   (7) [Reserved.]

   (B) Form. The paper weight, cover color, and binding requirements referenced in § 2-109(B) shall not apply to briefs filed in electronic form. Briefs may be filed through appellate E-Filing in the format specified by § 2-200(E)(2). Where appellate E-Filing is used to file a brief, service shall be made and proved through appellate E-Service. The proof of service automatically generated in appellate E-Service replaces the proof of service required by § 2-109(B)(6). The requirement of § 2-109(B)(7) for filing a copy shall not apply to a brief filed and served through appellate E-Filing and appellate E-Service.

   (C) [Reserved.]

   (D) [Reserved.]

   (E) Cases Involving Constitutional Questions. The separate notice of constitutional question referenced in § 2-109(E) may be filed through appellate E-Filing in the format specified by § 2-200(E)(2). Where appellate E-Filing is used to file a notice of constitutional question, service shall be made and proved through appellate E-Service. The proof of service automatically generated in appellate E-Service replaces the proof of service required by § 2-109(E).

   (F) The motion for attorney fees referenced in § 2-109(F) may be filed through appellate E-Filing in the format specified by § 2-200(E)(2). Where appellate E-Filing is used to file a motion for attorney fees, service shall be made and proved through appellate E-Service. The supporting affidavit may be filed and served through appellate E-Filing and appellate E-Service and shall be as provided in § 2-221. The proof of service automatically generated in appellate E-Service replaces the proof of service required by § 2‑109(F). The requirement of § 2-109(F) for filing a copy shall not apply to a motion for attorney fees filed and served through appellate E-Filing and appellate E-Service. 

This page was last modified on Thursday, October 24, 2013