Court of Special Appeals to Disclose Panels 7-10 Days Before Argument

By Steve Klepper (Twitter: @MDAppeal)

Until now, the Maryland Court of Special Appeals (like the Fourth Circuit) has not disclosed the identities of the three judges hearing an appeal until the morning of argument. That is changing, beginning next month.

According to the Court’s May 2019 schedule:

Panel assignments for argued cases will be identified for each courtroom approximately 7 – 10 days in advance of argument. Panel assignments are always preliminary and subject to change. If any party has a basis for seeking recusal of any judge listed as sitting in a courtroom in which that party’s case is pending, a motion should be filed no later than three business days before the argument.

This change comes just four months after Chief Judge Matt Fader took the reins at the Court of Special Appeals.

The timing of panel disclosure means that briefing will have closed by the time the parties learn which judges will be hearing their cases. Without leave of court, replies must be filed at least ten days before argument, under Rule 8-502(b).

 

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