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r1r STANDING COMMITTEE ON RULES OF PRACTICE - Maryland ...

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MARYLAND <strong>RULES</strong> <strong>OF</strong> PROCEDURE<br />

TITLE 1 - GENERAL PROVISI<strong>ON</strong>S<br />

CHAPTER 100 - APPLICABILITY AND CITATI<strong>ON</strong><br />

AMEND Rule 1-104 to add a Committee note, as follows:<br />

Rule 1-104. UNREPORTED OPINI<strong>ON</strong>S<br />

. . .<br />

(b) Citation<br />

An unreported opinion of either Court may be cited in<br />

either Court for any purpose other than as precedent within the<br />

rule of stare decisis or as persuasive authority. In any other<br />

court, an unreported opinion of either Court may be cited only<br />

(1) when relevant under the doctrine of the law of the case, res<br />

judicata, or collateral estoppel, (2) in a criminal action or<br />

related proceeding involving the same defendant, or (3) in a<br />

disciplinary action involving the same respondent. A party who<br />

cites an unreported opinion shall attach a copy of it to the<br />

pleading, brief, or paper in which it is cited.<br />

Committee note: A request that an unreported opinion be<br />

designated for reporting is governed by Rule 8-605.1 (b).<br />

Source: This Rule is derived from former Rule 8-114, and is<br />

which was derived from former Rules 1092 c and 891 a 2.<br />

REPORTER’S NOTE<br />

The Rules Committee recommends adding a Committee note to<br />

Rule 1-104 to draw attention to Rule 8-605.1, which allows a<br />

party or nonparty to request that the Court of Special Appeals<br />

designate an unreported opinion to be reported before the mandate<br />

-280-

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