(a) Generally. During the pendency of an appeal, the Court of Special Appeals or the Court of Appeals may issue (1) an order staying, suspending, modifying, or restoring an order entered by the lower court or (2) an injunction, even if injunctive relief was sought and denied in the lower court.

(b) Motion in Circuit Court. Unless it is not practicable to do so, a party shall file a motion in the circuit court requesting relief pursuant to Rule 2-632 before requesting relief from the appellate court under this Rule.

(c) Motion in Appellate Court. If a motion under Rule 2-632 is not practicable or such a motion was denied by the circuit court or not ruled upon within a reasonable time, the party may file a motion under this Rule in the Court of Special Appeals, or in the Court of Appeals when it has assumed jurisdiction. The motion shall include the reason why it is impracticable to seek the relief in the circuit court or, if a motion seeking the relief was considered by the circuit court, any reason given by that court for denying or not affording the relief.

(d) Affidavit. A motion or a response filed in the appellate court that is based on facts not contained in the papers or record on file in that Court shall be supported by affidavit or accompanied by the papers or the part of the record on which it is based.

(e) Decision--Court of Special Appeals. A motion filed in the Court of Special Appeals ordinarily will be decided by a panel of that Court. In exceptional cases, when that is impracticable because of time constraints, the Chief Judge, or in the absence of the Chief Judge, any other judge of that Court may rule on the motion. The decision of an individual judge shall be reviewed promptly by a panel of the Court of Special Appeals. An order of the Court of Special Appeals granting or denying the motion or the failure of that Court to rule on the motion within a reasonable time may be reviewed by the Court of Appeals on petition of a party.

(f) Decision--Court of Appeals. A motion filed in the Court of Appeals pursuant to section (c) of this Rule and a petition for review filed pursuant to section (e) of this Rule ordinarily will be decided by the entire Court. In exceptional cases, when that is impracticable because of time constraints, the Chief Judge, or in the absence of the Chief Judge, any other judge of that Court may rule on the motion or petition. The decision of an individual judge shall be reviewed promptly by the Court.

(g) Factors Relevant to Granting of Injunctive Relief. In determining whether injunctive relief should be granted under this Rule, the Court shall consider the same factors that are relevant to the granting of injunctive relief by a circuit court. The Court may condition the granting of relief upon such terms as to bond or other security as it considers proper.

Committee note: This Rule reserves to the appellate court a broad power to enter appropriate orders necessary to preserve the status quo or prevent a case from becoming moot pending an appeal. The Rule is not intended to supplant the requirements of Rules 8-422 through 8-424 except in the most extraordinary circumstances.

Source: This Rule is new.