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Session Laws, 1972
Volume 708, Page 1329   View pdf image
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Marvin Mandel, Governor                       1329

160.

This subtitle may be invoked by an order of any of the courts
referred to in Section 159 upon the court's own motion or upon the
motion of any party to the cause.

161.

A certification order shall set forth

(1)  the question of law to be answered; and

(2)  a statement of all facts relevant to the question certified and
showing fully the nature of the controversy in which the question
arose.

162.

The certification order shall be prepared by the certifying court,
signed by the judge presiding at the hearing, and forwarded to the
Court of Appeals by the clerk of the certifying court under its
official seal. The Court of Appeals may require the original or copies
of all or of any portion of the record before the certifying court to
be filed with the certification order, if, in the opinion of the Court
of Appeals, the record or portion thereof may be necessary in answer-
ing the question.

163.

Fees and costs shall be the same as in civil appeals docketed before
the Court of Appeals and shall be equally divided between the
parties unless otherwise ordered by the certifying court in its order
of certification.

164.

Proceedings in the Court of Appeals shall be those provided in
Maryland Rules of Procedure.

165.

The written opinion of the Court of Appeals stating the law
governing the question certified shall be sent by the clerk under the
seal of the Court of Appeals to the certifying court and to the parties.

166.

The Court of Appeals or the Court of Special Appeals of this
State, on its or their own motion or the motion of any party, may
order certification of a question of law to the highest court of any
state if it appears to the certifying court there is involved in any
proceeding before the court question of law of the receiving state
which may be determinative of the cause then pending in the cer-
tifying court and it appears to the certifying court that there are
no controlling precedents in the decisions of the highest court or
intermediate appellate courts of the receiving state.

167.

The procedures for certification from this state to the receiving
state shall be those provided in the laws of the receiving state.


 

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Session Laws, 1972
Volume 708, Page 1329   View pdf image
 Jump to  
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