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.
Section 12-608 – Procedures
(a) After the Court of Appeals of this State has accepted a certified question, proceedings are governed by the Maryland Rules. (b) Procedures for certification from this State to a receiving court are those provided in the rules and statutes of the receiving forum.
Section 12-609 – Opinion
The Court of Appeals of this State shall state in a written opinion the law answering the certified question and send a copy of the opinion to the certifying court, counsel of record, and parties appearing without counsel.
Section 12-610 – Cost of Certification
Fees and costs are the same as in civil appeals docketed before the Court of Appeals of this State and shall be equally divided between the parties unless otherwise ordered by the certifying court.
Section 12-611 – Severability
If any provision of this subtitle or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this subtitle which can be given effect without the invalid provision or application, and to this end the provisions of this subtitle are severable.
Section 12-612 – Uniformity of Application and Construction
This subtitle shall be applied and construed to effectuate its general purpose to make uniform law with respect to the subject of the subtitle among states enacting it.
Section 12-613 – Short Title
This subtitle may be cited as the Maryland Uniform Certification of Questions of Law Act.
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 […]