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RULE 8-305. CERTIFICATION OF QUESTIONS OF LAW TO THE COURT OF APPEALS

West's Annotated Code of MarylandMaryland RulesEffective: April 1, 2022

West's Annotated Code of Maryland
Maryland Rules
Title 8. Appellate Review in the Court of Appeals and Court of Special Appeals
Chapter 300. Obtaining Appellate Review in Court of Appeals
Effective: April 1, 2022
MD Rules, Rule 8-305
RULE 8-305. CERTIFICATION OF QUESTIONS OF LAW TO THE COURT OF APPEALS
(a) Certifying Court. “Certifying court” as used in this Rule means a court authorized by Code, Courts Article, § 12-603 to certify a question of law to the Court of Appeals of Maryland.
Committee note: Necessary implication requires that the definition of “court” set forth in Rule 1-202 does not apply in this Rule.
(b) Certification Order. In disposing of an action pending before it, a certifying court, on motion of any party or on its own initiative, may submit to the Court of Appeals a question of law of this State, in accordance with the Maryland Uniform Certification of Questions of Law Act, by filing a certification order. The certification order shall be signed by a judge of the certifying court and state the question of law submitted, the relevant facts from which the question arises, and the party who shall be treated as the appellant in the certification procedure. The original order shall be forwarded to the Court of Appeals by the clerk of the certifying court under its official seal, together with the filing fee for docketing regular appeals, payable to the Clerk of the Court of Appeals.
(c) Proceeding in the Court of Appeals. The filing of the certification order in the Court of Appeals shall be the equivalent of the transmission of a record on appeal. The Court of Appeals may request, in addition, all or any part of the record before the certifying court. Upon request, the certifying court shall file the original or a copy of the parts of the record requested together with a certificate, under the official seal of the certifying court and signed by a judge or clerk of that court, stating that the materials submitted are all the parts of the record requested by the Court of Appeals.
(d) Decision by the Court of Appeals. The written opinion of the Court of Appeals stating the law governing the question certified shall be sent by the Clerk of the Court of Appeals to the certifying court. The Clerk of the Court of Appeals shall certify, under seal of the Court, that the opinion is in response to the question of law of this State submitted by the certifying court.
Cross reference: Code, Courts Article, §§ 12-601 through 12-609.
Source: This Rule is derived from former Rule 896.

Credits

[Adopted Nov. 19, 1987, eff. July 1, 1988. Amended Nov. 12, 2003, eff. Jan. 1, 2004; Feb. 9, 2022, eff. April 1, 2022.]
MD Rules, Rule 8-305, MD R A CT AND SPEC A Rule 8-305
Current with amendments received through May 15, 2022. Some sections may be more current, see credits for details.
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