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Session Laws, 1973, Special Session
Volume 710, Page 370   View pdf image
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370                                             LAWS OF MARYLAND                                 [Ch. 2

(B) MANNER AND TIME OF TAKING APPEAL.

AN APPEAL PURSUANT TO THIS SECTION SHALL BE TAKEN
BY FILING AN ORDER FOR APPEAL WITH THE REGISTER OF
WILLS WITHIN 30 DAYS AFTER THE DATE OF THE FINAL
JUDGMENT FROM WHICH THE APPEAL IS TAKEN- WITHIN 30
DAYS THEREAFTER THE REGISTER OF WILLS SHALL TRANSMIT A
TRANSCRIPT OF THE PROCEEDINGS TO THE COURT TO WHICH
THE APPEAL IS TAKEN UNLESS THE ORPHANS' COURT FROM
WHICH THE APPEAL IS TAKEN EXTENDS THE TIME FOR
TRANSMITTING THE TRANSCRIPT.

REVISOR'S NOTE: This subsection is the substance
of Art. 5, §26. The only changes made are in
style.

SUBTITLE 6. CERTIFICATION OF QUESTIONS OF LAW.

SEC. 12-601. JURISDICTION GRANTED TO COURT OF
APPEALS.

THE COURT OF APPEALS MAY ANSWER QUESTIONS OF LAW
CERTIFIED TO IT BY THE SUPREME COURT OF THE UNITED
STATES, A COURT OF APPEALS OF THE UNITED STATES, A
UNITED STATES DISTRICT COURT, OR THE HIGHEST APPELLATE
COURT OR THE INTERMEDIATE APPELLATE COURT OF ANY OTHER
STATE WHEN REQUESTED BY THE CERTIFYING COURT IF THERE
IS INVOLVED IN ANY PROCEEDING BEFORE THE CERTIFYING
COURT A QUESTION OF LAW OF THIS STATE WHICH MAY BE
DETERMINATIVE OF THE CAUSE THEN PENDING IN THE
CERTIFYING COURT AND AS TO WHICH IT APPEARS TO THE
CERTIFYING COURT THERE IS NO CONTROLLING PRECEDENT IN
THE COURT OF APPEALS OF THIS STATE.

SEC. 12-602. INVOCATION OF SUBTITLE.

THIS SUBTITLE MAY BE INVOKED BY AN ORDER OF ANY
COURT REFERRED TO IN §12-601 UPON THE COURT'S OWN
MOTION OR UPON THE MOTION OF ANY PARTY TO THE CAUSE.

SEC. 12-603. CERTIFICATION ORDER.
(A) FORM OF ORDER.
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 CERTIFIES SHOWING FULLY THE NATURE OF THE
CONTROVERSY IN WHICH THE QUESTION AROSE.

 

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Session Laws, 1973, Special Session
Volume 710, Page 370   View pdf image
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