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RULE 8-303. PETITION FOR WRIT OF CERTIORARI--PROCEDURE

West's Annotated Code of MarylandMaryland RulesEffective: July 1, 2023

West's Annotated Code of Maryland
Maryland Rules
Title 8. Appellate Review in the Supreme Court and the Appellate Court
Chapter 300. Obtaining Review in the Supreme Court
Effective: July 1, 2023
MD Rules, Rule 8-303
RULE 8-303. PETITION FOR WRIT OF CERTIORARI--PROCEDURE
(a) Filing. A petition for a writ of certiorari shall be filed with the Clerk of the Supreme Court. The petition or cross-petition shall be accompanied by the filing fee prescribed pursuant to Code, Courts Article, ยง 7-102 unless:
(1) if the petition or cross-petition is in a civil action, the prepayment of prepaid costs has been waived in accordance with Rule 1-325.1; or
(2) if the petition or cross-petition is in a criminal action, the fee has been waived by an order of court or the petitioner is represented by the Public Defender's Office.
Cross reference: Rule 1-325.
(b) Petition; Cross-Petition.
(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:
(A) A reference to the action in the lower court by name and docket number;
(B) A statement whether the case has been decided by the Appellate Court;
(C) If the case is then pending in the Appellate Court, a statement whether briefs have been filed in that Court or the date briefs are due, if known;
(D) A statement whether the judgment of the circuit court has adjudicated all claims in the action in their entirety, and the rights and liabilities of all parties to the action;
(E) The date of the judgment sought to be reviewed and the date of any mandate of the Appellate Court;
(F) The questions presented for review;
(G) A particularized statement of why review of those issues by the Supreme Court is desirable and in the public interest;
(H) A reference to pertinent constitutional provisions, statutes, ordinances, or regulations;
(I) A concise statement of the facts material to the consideration of the questions presented; and
(J) A concise argument in support of the petition or cross-petition.
(2) Documents. A copy of each of the following documents shall be submitted with the petition or cross-petition at the time it is filed:
(A) The docket entry evidencing the judgment of the circuit court;
(B) Any opinion of the circuit court;
(C) Any written order issued under Rule 2-602 (b);
(D) If the case has not been decided by the Appellate Court, all briefs that have been filed in the Appellate Court; and
(E) Any opinion of the Appellate Court.
(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.
(4) Previously Served Documents. Copies of any brief or opinion previously served upon or furnished to another party need not be served upon that party.
(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.
(d) Sanction. Failure to comply with section (b) of this Rule is a sufficient reason for denying the petition or cross-petition.
(e) Answer.
(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.
(2) Word Limits. Except with the permission of the Supreme Court: (A) an answer to a petition shall not exceed 3,900 words, and (B) a reply to a cross-petition shall not exceed 1,500 words.
(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:
(1) direct further proceedings in the Supreme Court;
(2) dismiss the appeal pursuant to Rule 8-602;
(3) affirm the judgment of the lower court;
(4) vacate or reverse the judgment of the lower court;
(5) modify the judgment of the lower court;
(6) remand the action to the lower court for further proceedings pursuant to Rule 8-604 (d); or
(7) an appropriate combination of the above.
(h) Duty of Clerk. The Clerk of the Supreme Court shall send a copy of the order disposing of the petition or cross-petition to the clerk of the lower court. If the order directs issuance of a writ of certiorari, the Clerk shall issue the writ to the lower court.
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 December 1, 2023. Some sections may be more current, see credits for details.
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