Md. Rule 8-305 (2026)
Md. Rule 8-305. Certification of Questions of Law to the Supreme Court
(a) Certifying Court. A “certifying court” as used in this Rule means a court authorized by Code, Courts Article, § 12-603 to certify a question of law to the Supreme Court.
Committee note: Necessary implication requires that the definition of “court” set forth in Rule 1-202 does not apply in this Rule.
(b) Certification Order.
(1) Generally. In disposing of an action pending before it, a certifying court, on motion of any party or on its own initiative, may submit to the Supreme Court a question of law of this State, in accordance with the Maryland Uniform Certification of Questions of Law Act, by filing a certification order.
(2) Contents of Order. The certification order shall be signed by a judge of the certifying court and shall state the question of law submitted, state the relevant facts from which the question arises, and designate the appellant in the certification procedure.
(3) Transmittal of Order to Supreme Court. The certification order shall be forwarded to the Supreme Court by the clerk of the certifying court under its official seal. By prior arrangement with the Clerk of the Supreme Court, the certification order may be forwarded through electronic mail or other electronic means.
(c) Proceeding in the Supreme Court.
(1) Order Received by Supreme Court. Upon receipt of the certification order, the Supreme Court promptly shall consider whether to accept or reject the certification.
(A) Order Rejected by Supreme Court. If the Supreme Court rejects the certification, the Clerk shall send notice to the clerk of the certifying court.
(B) Order Accepted by Supreme Court. If the Supreme Court accepts the certification, the Clerk shall send notice of acceptance to the clerk of the certifying court, docket the certification as a miscellaneous matter, and send a copy of the notice and a briefing schedule to the parties.
(2) Payment of Fees. Within 15 days after the Clerk sends notice of acceptance, the parties shall deposit the filing fee for docketing an appeal with the Clerk of the Supreme Court. Unless otherwise directed by the certifying court, each party shall pay an equal share of the filing fee. The obligation to pay the filing fee may be enforced by the certifying court or by the Supreme Court.
(3) Certification Order Equivalent of Transmission of Record. The filing of the certification order in the Supreme Court shall be the equivalent of the transmission of a record on appeal. The Supreme Court may request, in addition, all or any part of the record before the certifying court. Upon request, the certifying court shall file the original or a copy of the parts of the record requested together with a certificate, under the official seal of the certifying court and signed by a judge or clerk of that court, stating that the materials submitted are all the parts of the record requested by the Supreme Court.
(d) Use of MDEC; Coordination with Certifying Court.
(1) Use of MDEC During Pendency of Certification. The parties to the certified question will receive notices, orders, and other papers from the Supreme Court and shall file all papers with the Supreme Court through the MDEC system.
(2) Coordination with Certifying Court. By prior arrangement between the Clerk of the Supreme Court and the clerk of the certifying court, notices, correspondence, and other papers, including the written opinion of the Supreme Court, may be transmitted between the Supreme Court and the certifying court through electronic mail or other electronic means.
(e) Decision by the Supreme Court. The written opinion of the Supreme Court stating the law governing the question certified shall be sent by the Clerk of the Supreme Court to the certifying court. The Clerk of the Supreme Court shall certify, under seal of the Court, that the opinion is in response to the question of law of this State submitted by the certifying court.
Cross reference: Code, Courts Article, §§ 12-601 through 12-609.
Source: This Rule is derived in part from former Rule 896 and is in part new.
Credits
[Adopted Nov. 19, 1987, eff. July 1, 1988. Amended Nov. 12, 2003, eff. Jan. 1, 2004; Feb. 9, 2022, eff. April 1, 2022; April 21, 2023, eff. nunc pro tunc April 1, 2023; Feb. 23, 2026, eff. July 1, 2026.]