Section 12-701 – Stays
(a) (1) An appeal from an orphans’ court or a circuit court stays all proceedings in the orphans’ court concerning the issue appealed. (2) An appeal from an orphans’ court or a circuit court does not stay any proceedings in the orphans’ court that do not concern the issue appealed, if the orphans’ court can provide for conforming […]
Section 12-702 – Sentences Following Appeals
(a) If an appellate court remands a criminal case to a lower court in order that the lower court may pronounce the proper judgment or sentence, the lower court shall deduct from the term of the new sentence the time served by the defendant under the previous sentence from the date of his conviction. If the […]
Section 12-502 – Appeal to Circuit Court
(a) (1) (i) Instead of a direct appeal to the Court of Special Appeals under § 12–501 of this subtitle, a party may appeal to the circuit court for the county from a final judgment of an orphans’ court. (ii) The appeal shall be heard de novo by the circuit court. (iii) The de novo appeal shall be treated as […]
Section 12-601 – Definitions
(a) In this subtitle the following words have the meanings indicated. (b) “State” means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or insular possession subject to the jurisdiction of the United States. (c) “Tribe” means a tribe, band, or village of Native Americans which is recognized by […]
Section 12-602 – Power to Certify
The Court of Appeals or the Court of Special Appeals of this State, on the motion of a party to pending litigation or its own motion, may certify a question of law to the highest court of another state or of a tribe if: (1) The pending litigation involves a question to be decided under the […]
Section 12-603 – Power to Answer
The Court of Appeals of this State may answer a question of law certified to it by a court of the United States or by an appellate court of another state or of a tribe, if the answer may be determinative of an issue in pending litigation in the certifying court and there is no […]
Section 12-604 – Power to Reformulate Question
The Court of Appeals of this State may reformulate a question of law certified to it.
Section 12-605 – Certification Order; Record
(a) The court certifying a question of law to the Court of Appeals of this State shall issue a certification order and forward it to the Court of Appeals of this State. (b) Before responding to a certified question, the Court of Appeals of this State may require the certifying court to deliver all or part of […]
Section 12-606 – Contents of Certification Order
(a) A certification order shall contain: (1) The question of law to be answered; (2) The facts relevant to the question, showing fully the nature of the controversy out of which the question arose; (3) A statement acknowledging that the Court of Appeals of this State, acting as the receiving court, may reformulate the question; and (4) The names and […]
Section 12-607 – Notice; Response
The Court of Appeals of this State, acting as a receiving court, shall notify the certifying court of acceptance or rejection of the question and, in accordance with notions of comity and fairness, respond to an accepted certified question as soon as practicable.