Home Table of Contents

RULE 8-301. METHOD OF SECURING REVIEW--COURT OF APPEALS

West's Annotated Code of MarylandMaryland Rules

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
MD Rules, Rule 8-301
RULE 8-301. METHOD OF SECURING REVIEW--COURT OF APPEALS
(a) Generally. Appellate review by the Court of Appeals may be obtained only:
(1) by direct appeal where allowed by law;
(2) pursuant to the Maryland Uniform Certification of Questions of Law Act;
(3) by writ of certiorari upon petition filed pursuant to Rules 8-302 and 8-303; or
(4) by writ of certiorari issued on the Court's own initiative.
Cross reference: For Code provisions governing direct appeals to the Court of Appeals, see Code, Election Law Article, § 12-203 concerning appeals from circuit court decisions regarding contested elections; Code, Election Law Article, § 16-1003 concerning appeals from circuit court decisions regarding injunctive relief sought for certain violations of election law; and Code, Financial Institutions Article, § 9-712(d)(2) concerning appeals from circuit court decisions approving transfer of assets of savings and loan associations. For the Maryland Uniform Certification of Questions of Law Act, see Code, Courts Article, §§ 12-601 through 12-613. For the authority of the Court to issue a writ of certiorari on its own initiative, see Code, Courts Article, § 12-201.
(b) Direct Appeals to Court of Appeals. A direct appeal to the Court of Appeals allowed by law is governed by the other rules of this Title applicable to appeals, or by the law authorizing the direct appeal. In the event of a conflict, the law authorizing the direct appeal shall prevail. Except as otherwise required by necessary implication, references in those rules to the Court of Special Appeals shall be regarded as references to the Court of Appeals.
(c) Certification of Questions of Law. Certification of questions of law to the Court of Appeals pursuant to the Maryland Uniform Certification of Questions of Law Act is governed by Rule 8-305.
Source: This Rule is in part derived from Rule 810 and in part new.

Credits

[Adopted Nov. 19, 1987, eff. July 1, 1988. Amended Oct. 31, 2002, eff. Jan. 1, 2003; Nov. 12, 2003, eff. Jan. 1, 2004; Nov. 21, 2013, eff. Jan. 1, 2014; Dec. 7, 2015, eff. Jan. 1, 2016.]
MD Rules, Rule 8-301, MD R A CT AND SPEC A Rule 8-301
Current with amendments received through February 1, 2023. Some sections may be more current, see credits for details.
End of Document