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Rule 2-706.Fees for appellate litigation

Circuit Court · Last amended July 1, 2018 · Last verified July 13, 2026

In one sentenceRule 2-706 sends a request for appeal-related attorneys’ fees back to the trial court on a strict post-mandate deadline, rather than to the appellate court that heard the case.

Full Text of Rule 2-706

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A party who seeks an award of attorneys’ fees incurred in connection with an appeal, application for leave to appeal, or petition for certiorari shall file a motion for such fees in the circuit court that entered the judgment or order that is the subject of the appellate litigation. The motion shall be filed: (a) within 30 days after entry of the last mandate or order disposing of the appeal, application, or petition; or (b) if an appellate court remands for further proceedings, within 30 days after the entry of a final order disposing of all claims. Proceedings on the motion shall be in the circuit court and shall be consistent with the standards and procedures set forth in Rule 2-703 or Rule 2-705, as applicable.

Amendment History

Added effective January 1, 2014; amended April 9, 2018, effective July 1, 2018.

Plain-English Summary

A party who wants attorneys’ fees for work done on an appeal, an application for leave to appeal, or a petition for certiorari doesn’t ask the appellate court for that money. Instead, the rule directs the party to file a motion in the circuit court that entered the judgment or order under appeal — the same court that handled the underlying case.

The motion carries a firm deadline: it must be filed within 30 days after entry of the last mandate or order disposing of the appeal, application, or petition. If an appellate court instead remands the case for further proceedings, the clock resets, and the motion is due within 30 days after entry of a final order disposing of all remaining claims. Once filed, the motion proceeds in the circuit court under whichever standards fit the underlying fee claim — Rule 2-703’s framework for fees allowed by law, or Rule 2-705’s framework for a contractual prevailing-party fee clause.

Frequently Asked Questions

Where do I file for attorneys’ fees incurred on appeal?

In the circuit court that entered the judgment or order that was appealed — not with the appellate court that heard the appeal.

How long do I have to file the motion?

Within 30 days after entry of the last mandate or order disposing of the appeal, application for leave to appeal, or certiorari petition. If the appellate court remands for more proceedings, the deadline instead runs 30 days from entry of a final order resolving all remaining claims.

Which standards decide how much I recover?

Whichever framework matches the underlying fee claim — Rule 2-703 for fees allowed by law, or Rule 2-705 for a contractual prevailing-party fee-shifting clause.

Source & verification. Rule text, Committee Note, Source note, and amendment history are reproduced verbatim from the Maryland Rules, adopted by the Supreme Court of Maryland. Last verified July 13, 2026. · Official source
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