(a) Applicability; Definitions. This Rule governs applications in the circuit court for a writ of certiorari. As used in this Rule, “respondent” means the District Court or the Orphans' Court whose acts are sought to be reviewed. As used in this Rule, “party” means any party to a proceeding in the District Court or Orphans' Court other than the petitioner or petitioners in the circuit court.

(b) Petition. An application for a writ of certiorari shall be by petition filed in the circuit court for the county where the acts sought to be reviewed take, have taken, or would take effect. The petition shall name as respondent the court whose acts are sought to be reviewed and the names and addresses of all known parties in the proceeding with respect to which the review by the circuit court is sought. The petition shall be under oath and shall state (1) the name of the respondent, (2) the matter sought to be reviewed, (3) the interest of the petitioner in the matter, and (4) the facts relied on to show that the respondent lacked jurisdiction or committed unconstitutional acts reviewable by writ of certiorari.

(c) Action on Petition; Bond. Upon the filing of a petition, the court shall (1) issue an order requiring the respondent to file a response by a specified date showing cause why the writ should not issue, (2) issue a writ of certiorari to the respondent, requiring the production by a specified date of all records of the respondent in the matter by a date stated in the writ, or (3) dismiss the petition if the court determines from the petition that it lacks jurisdiction. Before issuing a writ of certiorari, the court may require the petitioner to file a bond conditioned on the payment to any person of any damages sustained because of the issuance of the writ if the court ultimately determines that the writ should not have issued.

Cross reference: Title 1, Chapter 400.

(d) Service and Notice. Upon filing the petition, the petitioner shall deliver to the clerk one additional copy of the petition for the respondent and one additional copy for each party. The petitioner also shall notify the other parties in conformity with Rule 1-351 (b). The clerk shall promptly mail a copy of the petition to the clerk of the respondent and to each party, together with a notice stating:

(f) Motion to Intervene. Any person whose interest may be affected adversely by the certiorari proceeding may move to intervene pursuant to Rule 2-214.

Source: This Rule is derived in part from former Rules K41 through K48 and is in part new.