21.07.2013 Views

C:\Documents and Settings\thomast\Local Settings\Temp\c.lotus ...

C:\Documents and Settings\thomast\Local Settings\Temp\c.lotus ...

C:\Documents and Settings\thomast\Local Settings\Temp\c.lotus ...

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

MARYLAND RULES OF PROCEDURE<br />

TITLE 8 - APPELLATE REVIEW IN THE COURT OF APPEALS<br />

AND COURT OF SPECIAL APPEALS<br />

CHAPTER 300 - OBTAINING APPELLATE REVIEW IN COURT OF APPEALS<br />

AMEND Rule 8-305 (a) to conform the definition of<br />

“certifying court” to the statutory list of such courts <strong>and</strong> to<br />

make a certain stylistic change, as follows:<br />

Rule 8-305. CERTIFICATION FROM FEDERAL COURTS AND OTHER STATE<br />

COURTS OF QUESTIONS OF LAW TO THE COURT OF APPEALS<br />

(a) Certifying Court<br />

"Certifying court" as used in this Rule means the Supreme<br />

Court of the United States, a United States Court of Appeals, a<br />

United States District Court, or the highest appellate court or<br />

an intermediate appellate court of another State, District,<br />

Territory, or Commonwealth of the United States a court<br />

authorized by Code, Courts Article, §12-603 to certify a question<br />

of law to the Court of Appeals of Maryl<strong>and</strong>.<br />

Committee note: Necessary implication requires that the<br />

definition of “court” set forth in Rule 1-202 does not apply in<br />

this Rule.<br />

(b) Certification Order<br />

In disposing of an action pending before it, a certifying<br />

court, on motion of any party or on its own initiative, may<br />

submit to the Court of Appeals a question of law of this State,<br />

-239-

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!