RULE 8-604. DISPOSITION
West's Annotated Code of MarylandMaryland Rules
MD Rules, Rule 8-604
RULE 8-604. DISPOSITION
(b) Affirmance in Part and Reversal, Modification, or Remand in Part. If the Court concludes that error affects a severable part of the action, the Court, as to that severable part, may reverse or modify the judgment or remand the action to a lower court for further proceedings and, as to the other parts, affirm the judgment.
(1) Matters of Form. A judgment will not be reversed on grounds of form if the Court concludes that there is sufficient substance to enable the Court to proceed. For that purpose, the appellate court shall permit any entry to be made by either party during the pendency of the appeal that might have been made by that party in the lower court after verdict by the jury or decision by the court.
(1) Generally. If the Court concludes that the substantial merits of a case will not be determined by affirming, reversing or modifying the judgment, or that justice will be served by permitting further proceedings, the Court may remand the case to a lower court. In the order remanding a case, the appellate court shall state the purpose for the remand. The order of remand and the opinion upon which the order is based are conclusive as to the points decided. Upon remand, the lower court shall conduct any further proceedings necessary to determine the action in accordance with the opinion and order of the appellate court.
Committee note: This Rule is not intended to change existing case law regarding limited remands in criminal cases; see Gill v. State, 265 Md. 350 (1972); Wiener v. State, 290 Md. 425 (1981); Reid v. State, 305 Md. 9 (1985).
(A) Generally. If a party files a request for impleader of the Subsequent Injury Fund before the record on appeal has been filed, the Court shall grant the request. If a party files a request for impleader after the record on appeal is filed, the Court shall determine whether there is good cause to grant the request.
Source: This Rule is derived as follows:
Section (a) is derived from former Rules 1070 and 870.
Section (b) is derived from former Rules 1072 and 872.
Section (c) is derived from former Rules 1073 and 873.
Section (d) is in part derived from former Rules 1071 and 871 and in part new.
Section (e) is derived from former Rules 1075 and 875.
Credits
[Adopted Nov. 19, 1987, eff. July 1, 1988. Amended Nov. 8, 2005, eff. Jan. 1, 2006.]
MD Rules, Rule 8-604, MD R A CT AND SPEC A Rule 8-604
Current with amendments received through February 1, 2024. Some sections may be more current, see credits for details.
End of Document |