Home Table of Contents

RULE 8-303. PETITION FOR WRIT OF CERTIORARI--PROCEDURE

West's Annotated Code of MarylandMaryland RulesEffective: April 1, 2022

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
Effective: April 1, 2022
MD Rules, Rule 8-303
RULE 8-303. PETITION FOR WRIT OF CERTIORARI--PROCEDURE
(a) Filing. A petition for a writ of certiorari shall be filed with the Clerk of the Court of Appeals. The petition or cross-petition shall be accompanied by the filing fee prescribed pursuant to Code, Courts Article, ยง 7-102 unless:
(1) if the petition or cross-petition is in a civil action, the prepayment of prepaid costs has been waived in accordance with Rule 1-325.1; or
(2) if the petition or cross-petition is in a criminal action, the fee has been waived by an order of court or the petitioner is represented by the Public Defender's Office.
Cross reference: Rule 1-325.
(b) Petition; Cross-Petition.
(1) Contents. The petition or cross-petition shall present accurately, briefly, and clearly whatever is essential to a ready and adequate understanding of the points requiring consideration. Except with the permission of the Court of Appeals, a petition or cross-petition, including a cross-petition that answers a petition, shall not exceed 3,900 words. A petition and cross-petition shall contain the following information:
(A) A reference to the action in the lower court by name and docket number;
(B) A statement whether the case has been decided by the Court of Special Appeals;
(C) If the case is then pending in the Court of Special Appeals, a statement whether briefs have been filed in that Court or the date briefs are due, if known;
(D) A statement whether the judgment of the circuit court has adjudicated all claims in the action in their entirety, and the rights and liabilities of all parties to the action;
(E) The date of the judgment sought to be reviewed and the date of any mandate of the Court of Special Appeals;
(F) The questions presented for review;
(G) A particularized statement of why review of those issues by the Court of Appeals is desirable and in the public interest;
(H) A reference to pertinent constitutional provisions, statutes, ordinances, or regulations;
(I) A concise statement of the facts material to the consideration of the questions presented; and
(J) A concise argument in support of the petition or cross-petition.
(2) Documents. A copy of each of the following documents shall be submitted with the petition or cross-petition at the time it is filed:
(A) The docket entry evidencing the judgment of the circuit court;
(B) Any opinion of the circuit court;
(C) Any written order issued under Rule 2-602(b);
(D) If the case has not been decided by the Court of Special Appeals, all briefs that have been filed in the Court of Special Appeals; and
(E) Any opinion of the Court of Special Appeals.
(3) Where Documents Unavailable. If a document required by subsection (b)(2) of this Rule is unavailable, the petitioner shall state the reason for the unavailability. If a document required to be submitted with the petition or cross-petition becomes available after the petition or cross-petition is filed but before it has been acted upon, the petitioner shall file it as a supplement to the petition or cross-petition as soon as it becomes available.
(4) Previously Served Documents. Copies of any brief or opinion previously served upon or furnished to another party need not be served upon that party.
(c) Sanction. Failure to comply with section (b) of this Rule is a sufficient reason for denying the petition or cross-petition.
(d) Answer.
(1) Time to File. Within 15 days after service of the petition or cross-petition, any other party may file an original answer to the petition or cross-petition stating why the writ should be denied. If an amicus curiae brief is filed in support of the petition or cross-petition pursuant to Rule 8-511 (e), the deadline to answer is automatically extended to 15 days after service of the amicus curiae brief.
(2) Word Limits. Except with the permission of the Court of Appeals: (A) an answer to a petition shall not exceed 3,900 words, and (B) a reply to a cross-petition shall not exceed 1,500 words.
(e) Stay of Judgment of Court of Special Appeals or of a Circuit Court. Upon the filing of a petition for a writ of certiorari, or upon issuing a writ on its own motion, the Court of Appeals may stay the issuance, enforcement, or execution of a mandate of the Court of Special Appeals or the enforcement or execution of a judgment of a circuit court.
(f) Disposition. On review of the petition or cross-petition and any answer, the Court, unless otherwise ordered, shall grant or deny the petition or cross-petition without the submission of briefs or the hearing of argument. If the petition or cross-petition is granted, the Court shall:
(1) direct further proceedings in the Court of Appeals;
(2) dismiss the appeal pursuant to Rule 8-602;
(3) affirm the judgment of the lower court;
(4) vacate or reverse the judgment of the lower court;
(5) modify the judgment of the lower court;
(6) remand the action to the lower court for further proceedings pursuant to Rule 8-604(d); or
(7) an appropriate combination of the above.
(g) Duty of Clerk. The Clerk of the Court of Appeals shall send a copy of the order disposing of the petition or cross-petition to the clerk of the lower court. If the order directs issuance of a writ of certiorari, the Clerk shall issue the writ to the lower court.
Source: This Rule is derived from former Rule 811.

Credits

[Adopted Nov. 19, 1987, eff. July 1, 1988. Amended June 28, 1989, eff. July 1, 1989; May 14, 1992, eff. July 1, 1992; Sept. 11, 1995, eff. Jan. 1, 1996; Nov. 21, 2013, eff. Jan. 1, 2014; March 2, 2015, eff. July 1, 2015; Sept. 17, 2015, eff. Jan. 1, 2016; Feb. 9, 2022, eff. April 1, 2022.]
MD Rules, Rule 8-303, MD R A CT AND SPEC A Rule 8-303
Current with amendments received through May 15, 2022. Some sections may be more current, see credits for details.
End of Document