RULE 8-303. PETITION FOR WRIT OF CERTIORARI--PROCEDURE
West's Annotated Code of MarylandMaryland RulesEffective: July 1, 2023 to June 30, 2024
Effective: July 1, 2023 to June 30, 2024
MD Rules, Rule 8-303
RULE 8-303. PETITION FOR WRIT OF CERTIORARI--PROCEDURE
<Text of Rule 8-303 effective until June 30, 2024. See, also, Rule 8-303 effective July 1, 2024.>
(1) Contents. The petition or cross-petition shall present accurately, briefly, and clearly whatever is essential to a ready and adequate understanding of the points requiring consideration. Except with the permission of the Supreme Court, a petition or cross-petition, including a cross-petition that answers a petition, shall not exceed 3,900 words. A petition and cross-petition shall contain the following information:
(3) Where Documents Unavailable. If a document required by subsection (b)(2) of this Rule is unavailable, the petitioner shall state the reason for the unavailability. If a document required to be submitted with the petition or cross-petition becomes available after the petition or cross-petition is filed but before it has been acted upon, the petitioner shall file it as a supplement to the petition or cross-petition as soon as it becomes available.
(c) Informal Petitions, Cross-Petitions, and Answers. A self-represented party may file an informal petition for writ of certiorari, cross-petition for writ of certiorari, or answer to a petition for writ of certiorari. An informal petition for writ of certiorari, cross-petition for certiorari, or answer to a petition for writ of certiorari is not subject to the requirements of Rule 8-112 and shall not exceed 15 pages in length. An informal petition for writ of certiorari or cross-petition for writ of certiorari shall contain the information required in subsection (b)(1) of this Rule, but need not be accompanied by the documents required in subsection (b)(2) of this Rule unless otherwise ordered by the Supreme Court. The Supreme Court may authorize the use of a form for filing an informal petition for writ of certiorari, cross-petition for writ of certiorari, or answer to a petition for writ of certiorari. Any such form shall be made available electronically on the Judiciary website, or in paper form in the office of the Clerk of the Supreme Court. Section (c) of this Rule does not limit the ability of the Clerk of the Supreme Court to accept a petition for writ of certiorari, cross-petition for writ of certiorari, or answer to a petition for writ of certiorari, that does not meet the requirements of this Rule.
(1) Time to File. Within 15 days after service of the petition or cross-petition, any other party may file an original answer to the petition or cross-petition stating why the writ should be denied. If an amicus curiae brief is filed in support of the petition or cross-petition pursuant to Rule 8-511 (e), the deadline to answer is automatically extended to 15 days after service of the amicus curiae brief.
(f) Stay of Judgment of the Appellate Court or of a Circuit Court. Upon the filing of a petition for a writ of certiorari, or upon issuing a writ on its own motion, the Supreme Court may stay the issuance, enforcement, or execution of a mandate of the Appellate Court or the enforcement or execution of a judgment of a circuit court.
(g) Disposition. On review of the petition or cross-petition and any answer, the Court, unless otherwise ordered, shall grant or deny the petition or cross-petition without the submission of briefs or the hearing of argument. The Court may not grant a petition or cross-petition with fewer than three affirmative votes. If the petition or cross-petition is granted, the Court shall:
Source: This Rule is derived from former Rule 811.
Credits
[Adopted Nov. 19, 1987, eff. July 1, 1988. Amended June 28, 1989, eff. July 1, 1989; May 14, 1992, eff. July 1, 1992; Sept. 11, 1995, eff. Jan. 1, 1996; Nov. 21, 2013, eff. Jan. 1, 2014; March 2, 2015, eff. July 1, 2015; Sept. 17, 2015, eff. Jan. 1, 2016; Feb. 9, 2022, eff. April 1, 2022; April 1, 2023, eff. July 1, 2023.]
MD Rules, Rule 8-303, MD R A CT AND SPEC A Rule 8-303
Current with amendments received through February 1, 2024. Some sections may be more current, see credits for details.
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