Md. R. Rev. Ct. App. & Spec. App. 8-301

As amended through September 13, 2024

Rule 8-301 - Method of Securing Review-The Supreme Court

(a) Generally. Appellate review by the Supreme Court may be obtained only:

(1) by direct appeal where allowed by law;

(2) pursuant to the Maryland Uniform Certification of Questions of Law Act;

(3) by writ of certiorari upon petition filed pursuant to Rules 8-302 and 8-303; or

(4) by writ of certiorari issued on the Court's own initiative.

Cross reference: For Code provisions governing direct appeals to the Supreme Court, see Code, Election Law Article, § 12-203 concerning appeals from circuit court decisions regarding contested elections; Code, Election Law Article, § 16-1004 concerning appeals from circuit court decisions regarding injunctive relief sought for certain violations of election law; and Code, Financial Institutions Article, § 9-712(d)(2) concerning appeals from circuit court decisions approving transfer of assets of savings and loan associations. For the Maryland Uniform Certification of Questions of Law Act, see Code, Courts Article, §§ 12-601 through 12-613. For the authority of the Court to issue a writ of certiorari on its own initiative, see Code, Courts Article, § 12-201.

(b) Direct Appeals to Supreme Court. A direct appeal to the Supreme Court allowed by law is governed by the other Rules of this Title applicable to appeals, or by the law authorizing the direct appeal. In the event of a conflict, the law authorizing the direct appeal shall prevail. Except as otherwise required by necessary implication, references in those Rules to the Appellate Court shall be regarded as references to the Supreme Court.

(c) Certification of Questions of Law. Certification of questions of law to the Supreme Court pursuant to the Maryland Uniform Certification of Questions of Law Act is governed by Rule 8-305.

Md. R. Rev. Ct. App. & Spec. App. 8-301

This Rule is in part derived from Rule 810 and in part new.

Adopted Nov. 19, 1987, eff. 7/1/1988. Amended Oct. 31, 2002, eff. 1/1/2003; 11/12/2003, eff. 1/1/2004; 11/21/2013, eff. 1/1/2014; 12/7/2015, eff. 1/1/2016; amended April 21, 2023, eff. 4/1/2023.

HISTORICAL NOTES

2002 Orders

The October 31, 2002, order amended the cross reference following section (a).

2003 Orders

The November 12, 2003, order amended the cross reference following section (a).

2013 Orders

The November 21, 2013, order, specified that a writ of certiorari may be issued upon petition filed pursuant to Rules 8-302 and 8-303 or on the Court's own initiative; added a cross reference after section (a); and made stylistic changes.

2015 Orders

The December 7, 2015, order, deleted language from subsection (a)(1), deleted a reference to Code, Criminal Law Article, 2-401, added a cross reference following subsection (a)(4) a reference to Code, Election Law Article, 16-0003, deleted a reference to the death penalty in section (b), and made stylistic changes.