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RULE 8-606. MANDATE

West's Annotated Code of MarylandMaryland RulesEffective: April 1, 2023

West's Annotated Code of Maryland
Maryland Rules
Title 8. Appellate Review in the Supreme Court and the Appellate Court
Chapter 600. Disposition
Effective: April 1, 2023
MD Rules, Rule 8-606
RULE 8-606. MANDATE
Currentness
(a) To Evidence Order of the Court. Any disposition of an appeal, including a voluntary dismissal, shall be evidenced by the mandate of the Court, which shall be certified by the Clerk under the seal of the Court and shall constitute the judgment of the Court.
(b) When Issued.
(1) Generally. Subject to subsections (b)(2), (3), and (4) of this Rule, unless the Court orders otherwise, the Clerk shall issue the mandate upon the expiration of 30 days after the filing of the Court's opinion or entry of the Court's order.
(2) Voluntary Dismissal. Upon a voluntary dismissal, the Clerk shall issue the mandate immediately.
(3) The Appellate Court--Expedited Appeal. In any appeal proceeding under Rule 8-207(a), issuance of the mandate shall be as provided in Rule 8-207(a)(6).
(4) Motion for Reconsideration. If a timely motion for reconsideration is filed, unless the Court orders otherwise:
(A) the Clerk shall delay issuance of the mandate until the filing of (i) a withdrawal of the motion, or (ii) an order of the Court deciding the motion;
(B) if the Court denies the motion or grants it solely to make changes in the opinion or previous order that the Court finds do not change the principal decision in the case, the Clerk shall issue the mandate immediately upon the filing of the order; or
(C) if the Court order, with or without an accompanying new opinion, grants the motion in such manner that the Court finds does change the principal decision in the case, the Clerk shall issue the mandate upon the expiration of 30 days after the filing of the order.
(c) To Contain Statement of Costs. The mandate shall contain a statement of the order of the Court assessing costs and the amount of the costs taxable to each party.
(d) Transmission--Mandate and Record.
(1) Generally. Except as provided in subsection (d)(2) of this Rule, upon issuance of the mandate, the Clerk shall transmit it to the appropriate lower court. Unless the appellate court orders otherwise, the original papers comprising the record shall be transmitted with the mandate. If the proceeding emanated from a non-MDEC court, the mandate shall be transmitted to the lower court in paper form.
(2) The Appellate Court--Delayed Return. If a petition for a writ of certiorari is filed pursuant to Rule 8-303 while the record is in the possession of the Appellate Court, the Clerk of the Appellate Court shall not return the record to the lower court until (A) the petition is denied, or (B) if the petition is granted, the Appellate Court takes action in accordance with the mandate of the Supreme Court.
(e) Effect of Mandate. Upon receipt of the mandate, the clerk of the lower court shall enter it promptly on the docket and the lower court shall proceed in accordance with its terms. Except as otherwise provided in Rule 8-611(b), the assessment of costs in the mandate shall not be recorded and indexed as provided by Rule 2-601(c).
Cross reference: Code, Courts Article, ยง 6-408.
Source: This Rule is derived from former Rules 1076, 1077, 876, and 877.

Credits

[Adopted Nov. 19, 1987, eff. July 1, 1988. Amended May 14, 1992, eff. July 1, 1992; June 7, 1994, eff. Oct. 1, 1994; Nov. 21, 2013, eff. Jan. 1, 2014; March 2, 2015, eff. July 1, 2015; June 17, 2020, eff. July 1, 2020; April 21, 2023, eff. nunc pro tunc April 1, 2023.]
MD Rules, Rule 8-606, MD R A CT AND SPEC A Rule 8-606
Current with amendments received through February 1, 2024. Some sections may be more current, see credits for details.
End of Document