The AFL Appeals Board will hear the case at 9.30am this Friday, February 20, but the Pies will need to create history if they are to overturn the ban.
Since the league's new demerit points system for on-field offences was introduced in 2005, clubs have lodged 10 appeals and none has been upheld.
Maxwell was banned for four matches on Tuesday night after the AFL Tribunal found him guilty of rough conduct against West Coast youngster Patrick McGinnity.
In a statement the club said it was appealing the decision on the basis that: “the decision was so unreasonable that no tribunal acting reasonably could’ve come to that decision having regard to the evidence before it.”
Maxwell's suspension includes NAB Cup matches, meaning regardless how far his club progresses in the pre-season competition the first-year skipper is certain to be missing when his team runs out in the first home-and-away match of 2009.
At Tuesday night’s hearing both legal counsel Jeff Gleeson and Maxwell’s advocate Terry Forrest agreed the Magpie had used “good technique” when shepherding McGinnity.
However, it was whether the defender had any “reasonable alternative” other than shepherding the young Eagle that swayed the three-man jury.
Maxwell argued that, with the ball still in play and with a two-on-one advantage, he was obligated to shepherd and do everything in his power to give his team an advantage.
However the Tribunal disagreed, finding him guilty and imposing the maximum penalty.
By appealing the suspension, the Magpies have nothing to lose.
Their skipper will miss the next four matches even if the appeal fails.
