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§ 22. In banc determinations

West's Annotated Code of MarylandConstitution of Maryland Adopted by Convention of 1867

West's Annotated Code of Maryland
Constitution of Maryland Adopted by Convention of 1867
Article IV. Judiciary Department
Part III. Circuit Courts (Refs & Annos)
MD Constitution, Art. 4, § 22
§ 22. In banc determinations
<Section effective until approval of amendments proposed by Acts 2021, c. 82, § 1, and Acts 2021, c. 83, § 1. See, also, Art. 4, § 22 effective after approval of amendments proposed by Acts 2021, c. 82, § 1, and Acts 2021, c. 83, § 1.>
Where any trial is conducted by less than three Circuit Judges, upon the decision or determination of any point, or question, by the Court, it shall be competent to the party, against whom the ruling or decision is made, upon motion, to have the point, or question reserved for the consideration of three Judges of the Circuit, who shall constitute a court in banc for such purpose; and the motion for such reservation shall be entered of record, during the sitting at which such decision may be made; and the procedure for appeals to the Circuit Court in banc shall be as provided by the Maryland Rules. The decision of the said Court in banc shall be the effective decision in the premises, and conclusive, as against the party at whose motion said points, or questions were reserved; but such decision in banc shall not preclude the right of Appeal by an adverse party who did not seek in banc review, in those cases, civil or criminal, in which appeal to the Court of Special Appeals may be allowed by Law. The right of having questions reserved shall not, however, apply to trials of Appeals from judgments of the District Court, nor to criminal cases below the grade of felony, except when the punishment is confinement in the Penitentiary; and this Section shall be subject to such provisions as may hereafter be made by Law.

Credits

Acts 1977, c. 681, ratified Nov. 7, 1978. Amended by Acts 2006, c. 421, § 1, ratified Nov. 7, 2006.
MD Constitution, Art. 4, § 22, MD CONST Art. 4, § 22
Current through all legislation from the 2022 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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