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RULE 8-304. CERTIFICATION FROM COURT OF SPECIAL 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 8-304
RULE 8-304. CERTIFICATION FROM COURT OF SPECIAL APPEALS
(a) Initiation. At any time before issuance of a mandate, the Court of Special Appeals or the panel of that Court to which the action has been assigned may certify a question of law or the entire action to the Court of Appeals. Upon transmission to the Court of Appeals, a copy of the certification shall be forwarded to the Chief Judge of the Court of Special Appeals and to the parties. The Court of Appeals may consider the certification pursuant to its authority to issue a writ of certiorari on its own motion.
(b) Content. The certification shall briefly describe the action, state the question of law and the facts on which the question arises, and state the reason for certification.
(c) Disposition of Certification. The Court of Appeals may refuse the certification or may issue a writ of certiorari that (1) accepts the certification as submitted, (2) modifies the questions of law certified, (3) includes the entire action although only a question of law was certified, or (4) limits review to only a question of law although the entire action was certified. The Clerk of the Court of Appeals shall send the order refusing the certification or the writ of certiorari to the Court of Special Appeals and to the parties.
(d) Record Extract and Briefs. If the Court of Appeals issues a writ of certiorari, the filing of a record extract and briefs shall be governed by Rules 8-501 through 8-511 unless the Court orders otherwise.
Source: This Rule is derived from former Rules 1015 and 815.

Credits

[Adopted Nov. 19, 1987, eff. July 1, 1988.]
MD Rules, Rule 8-304, MD R A CT AND SPEC A Rule 8-304
Current with amendments received through May 15, 2022. Some sections may be more current, see credits for details.
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