|
|
|
|
|
PROPOSED CONSTITUTION OF 1968
|
CONSTITUTION OF 1867
|
|
|
specifically required by this Constitution to
|
to prevent delays and promote brevity in
|
|
|
be prescribed by rule. As used in this article,
|
all records and proceedings brought into
|
|
|
rule shall mean a rule prescribed by the
|
said Courts, and to abolish and avoid all
|
|
|
Court of Appeals. In the event of a conflict
|
unnecessary costs and expenses in the pros-
|
|
|
between a rule and a law, the later in time
|
ecution of appeals therein; and the said
|
|
|
shall prevail to the extent of the conflict.
|
Judges shall make such reduction in the
|
|
|
|
fees and expenses of the said Courts, as they
|
|
|
|
may deem advisable. It shall also be the
|
|
|
|
duty of said Judges of the Court of Appeals
|
|
|
|
to devise, and promulgate by rules, or
|
|
|
|
orders, forms and modes of framing and
|
|
|
|
filing bills, answers, and other proceedings
|
|
|
|
and pleadings in Equity; and also forms and
|
|
|
|
modes of taking and obtaining evidence, to
|
|
|
|
be used in Equity cases; and to revise and
|
|
|
|
regulate, generally, the practice in the
|
|
|
|
Courts of Equity of this State, so as to
|
|
|
|
prevent delays, and to promote brevity and
|
|
|
|
conciseness in all pleadings and proceedings
|
|
|
|
therein, and to abolish all unnecessary costs
|
|
|
|
and expenses attending the same. And all
|
|
|
|
rules and regulations hereby directed to be
|
|
|
|
made, shall, when made, have the force of
|
|
|
|
Law, until rescinded, changed, or modified
|
|
|
|
by the said Judges, or the General Assembly.
|
|
|
|
Sec. 18A... . . The Court of Appeals
|
|
|
|
from time to time shall make rules and
|
|
|
|
regulations to revise the practice and pro-
|
|
|
|
cedure in the appellate courts and in the
|
|
|
|
other courts of this State, which shall have
|
|
|
|
the force of law until rescinded, changed or
|
|
|
|
modified by the Court of Appeals or other-
|
|
|
|
wise by law. The power of the courts other
|
|
|
|
than the Court of Appeals to make rules of
|
|
|
|
practice and procedure shall be subject to
|
|
|
|
the rules and regulations prescribed by the
|
|
|
|
Court of Appeals or otherwise by law.
|
|
|
|
Part II. Court of Appeals.
|
|
|
Section 5.04. Composition.
|
Sec. 14. The Court of Appeals shall be
|
|
|
The Court of Appeals shall consist of sev-
|
composed of seven judges, one from the
|
|
|
en judges, one of whom shall serve as chief
|
First Appellate Judicial Circuit consisting
|
|
|
judge. Five judges shall constitute a quorum,
|
of Cecil, Kent, Queen Anne's, Caroline,
|
|
|
and the concurrence of four shall be neces-
|
Talbot, Dorchester, Wicomico, Worcester
|
|
|
sary to decide a case.
|
and Somerset counties; one from the Second
|
|
|
|
Appellate Judicial Circuit consisting of
|
|
|
|
Baltimore and Harford counties; one from
|
|
|
|
the Third Appellate Judicial Circuit, con-
|
|
|
|
sisting of Allegany, Frederick, Garrett,
|
|
|
|
Montgomery and Washington counties; one
|
|
|
|
from the Fourth Appellate Judicial Circuit,
|
|
|
|
consisting of Prince George's, Calvert,
|
|
|
|
Charles and St. Mary's counties; one from
|
|
|
|
the Fifth Appellate Judicial Circuit, con-
|
|
|
|
sisting of Anne Arundel, Carroll and How-
|
|
|
|
ard counties; and two from the Sixth
|
|
|
|
Appellate Judicial Circuit, consisting of
|
|
|
|
Baltimore City.......
|
|
|
|
|
|