MARVIN MANDEL, Governor
(B) PREPARATION OF ORDER; PORTIONS OF RECORDS.
371
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 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 OF IT MAY BE NECESSARY IN ANSWERING
THE QUESTION.
SEC. 12-604. FEES AND COSTS.
FEES AND COSTS SHALL BE THE SAME AS IN A CIVIL
APPEAL DOCKETED IN THE COURT OF APPEALS AND BE EQUALLY
DIVIDED BETWEEN THE PARTIES UNLESS OTHERWISE ORDERED
BY THE CERTIFYING COURT IN ITS ORDER OF CERTIFICATION.
SEC. 12-605. PROCEDURE IN COURT OF APPEALS.
PROCEEDINGS IN THE COURT OF APPEALS SHALL BE AS
PROVIDED IN THE MARYLAND RULES OF PROCEDURE.
SEC. 12-606. OPINION OF COURT OF APPEALS.
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.
SEC. 12-607.
STATE.
CERTIFICATION OF QUESTION TO ANOTHER
(A) IN GENERAL.
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 APPELLATE COURT OR THE
INTERMEDIATE APPELLATE COURT OF ANY OTHER STATE IF IT
APPEARS TO THE CERTIFYING COURT THERE IS INVOLVED IN
ANY PROCEEDING BEFORE THE COURT A QUESTION OF LAW OF
THE RECEIVING STATE WHICH MAY BE DETERMINATIVE OF THE
CAUSE THEN PENDING IN THE CERTIFYING 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.
|