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Session Laws, 1996
Volume 794, Page 2044   View pdf image
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Ch. 344

1996 LAWS OF MARYLAND

(2)     THE FACTS RELEVANT TO THE QUESTION, SHOWING FULLY THE
NATURE OF THE CONTROVERSY OUT OF WHICH THE QUESTION AROSE;

(3)     A STATEMENT ACKNOWLEDGING THAT THE COURT OF APPEALS OF
THIS STATE, ACTING AS THE RECEIVING. COURT, MAY REFORMULATE THE
QUESTION; AND

(4)     THE NAMES AND ADDRESSES OF COUNSEL OF RECORD AND
PARTIES APPEARING WITHOUT COUNSEL.

(B) IF THE PARTIES CANNOT AGREE UPON A STATEMENT OF FACTS, THE
CERTIFYING COURT SHALL DETERMINE THE RELEVANT FACTS AND STATE THEM AS
A PART OF ITS CERTIFICATION ORDER.

12-607. NOTICE; RESPONSE

THE COURT OF APPEALS OF THIS STATE, ACTING AS A RECEIVING COURT,
SHALL NOTIFY THE CERTIFYING COURT OF ACCEPTANCE OR REJECTION OF THE
QUESTION AND, IN ACCORDANCE WITH NOTIONS OF COMITY AND FAIRNESS,
RESPOND TO AN ACCEPTED CERTIFIED QUESTION AS SOON AS PRACTICABLE.

12-608. PROCEDURES.

(A)    AFTER THE COURT OF APPEALS OF THIS STATE HAS ACCEPTED A
CERTIFIED QUESTION, PROCEEDINGS ARE GOVERNED BY THE MARYLAND RULES
OF PROCEDURE

(B)     PROCEDURES FOR CERTIFICATION FROM THIS STATE TO A RECEIVING
COURT ARE THOSE PROVIDED IN THE RULES AND STATUTES OF THE RECEIVING
FORUM.

12-609. OPINION.

THE COURT OF APPEALS OF THIS STATE SHALL STATE IN A WRITTEN OPINION
THE LAW ANSWERING THE CERTIFIED QUESTION AND SEND A COPY OF THE
OPINION TO THE CERTIFYING COURT, COUNSEL OF RECORD, AND PARTIES
APPEARING WITHOUT COUNSEL.

12-610. COST OF CERTIFICATION.

FEES AND COSTS ARE THE SAME AS IN CIVIL APPEALS DOCKETED BEFORE THE
COURT OF APPEALS OF THIS STATE AND MUST SHALL BE EQUALLY DIVIDED
BETWEEN THE PARTIES UNLESS OTHERWISE ORDERED BY THE CERTIFYING COURT.

12-611. SEVERABILITY.

IF ANY PROVISION OF THIS SUBTITLE OR ITS APPLICATION TO ANY PERSON OR
CIRCUMSTANCE IS HELD INVALID, THE INVALIDITY DOES NOT AFFECT OTHER
PROVISIONS OR APPLICATIONS OF THIS SUBTITLE WHICH CAN BE GIVEN EFFECT
WITHOUT THE INVALID PROVISION OR APPLICATION, AND TO THIS END THE
PROVISIONS OF THIS SUBTITLE ARE SEVERABLE.

12-612. UNIFORMITY OF APPLICATION AND CONSTRUCTION.

THIS SUBTITLE SHALL BE APPLIED AND CONSTRUED TO EFFECTUATE ITS

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Session Laws, 1996
Volume 794, Page 2044   View pdf image
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