MARVIN MANDEL, Governor 17
NOT LESS THAN TEN MONTHS IN EACH YEAR, IF THE BUSINESS
BEFORE IT SO REQUIRES.
(B) PANELS.
A CASE BEFORE THE COURT OF SPECIAL APPEALS SHALL
BE HEARD AND DECIDED BY A PANEL OF NOT LESS THAN THREE
JUDGES. THE PANELS SHALL BE CONSTITUTED, SIT AT THE
TIMES, AND HEAR THE CASES AS DIRECTED BY THE CHIEF
JUDGE PROM TIME TO TIME. A QUORUM OF A PANEL CONSISTS
OF ONE LESS THAN THE NUMBER OF JUDGES DESIGNATED TO
SIT ON THE PANEL, BUT NEVER LESS THAN THREE JUDGES.
THE CONCURRENCE OF A MAJORITY OF A PANEL IS NECESSARY
FOR THE DECISION OF A CASE.
(C) HEARINGS IN BANC.
A HEARING OR REHEARING BEFORE THE COURT IN BANC
MAY BE ORDERED IN ANY CASE BY A MAJORITY OF THE
INCUMBENT JUDGES OF THE COURT. SIX JUDGES OF THE
COURT CONSTITUTE A QUORUM OF THE COURT IN BANC. THE
CONCURRENCE OF A MAJORITY OF THE INCUMBENT JUDGES OF
THE ENTIRE COURT IS NECESSARY FOR DECISION OF A CASE
HEARD OR REHEARD BY THE COURT IN BANC.
REVISOR'S NOTE: Constitutional provisions dealing
with the Court of Special Appeals are found
in Art. IV, §§1, 3, 14A, 14B, 15, and 16.
Unlike the provisions dealing with the
Court of Appeals and the trial courts of
general jurisdiction, most of the
constitutional matter dealing with the
Court of Special Appeals leaves details to
be established by statute.
The present statute is Art. 26, §130, as
amended by Ch. 361, Acts of 1972. Sec.
1-401 is adapted from the first two clauses
of that statute.
Sec. 1—402 (a) establishes the number of
judges and provides for designation of the
chief judge—a provision now buried in the
middle of Art. 26, §130.
Sec. 1—402(b) provides for selection of
the judges, restating language of §130.
The description of the appellate judicial
circuits is omitted, since they are defined
in the Constitution.
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