<section article="gcj" article_name="Courts and Judicial Proceedings" number="12-101" title_number="12" title_name="Appeals, Certiorari, and Certification of Questions" subtitle_number="1" subtitle_name="Definitions"> <level label="a"> <text>In this title the following terms have the meanings indicated.</text> </level> <level label="b"> <text>“Appellate court” means any court which reviews a final judgment of another court, and includes any court authorized to enter judgment following a de novo trial on appeal of a case or proceeding previously tried in another court.</text> </level> <level label="c"> <text>“Appellate jurisdiction” means the jurisdiction exercised by an appellate court.</text> </level> <level label="d"> <text>“Circuit court” means the circuit court for a county.</text> </level> <level label="e"> <text>“Criminal action”, “criminal case”, “criminal cause”, or “criminal proceeding” includes a case charging violation of motor vehicle or traffic laws and a case charging violation of a rule or regulation if a criminal penalty may be incurred.</text> </level> <level label="f"> <text>“Final judgment” means a judgment, decree, sentence, order, determination, decision, or other action by a court, including an orphans’ court, from which an appeal, application for leave to appeal, or petition for certiorari may be taken.</text> </level> </section> <section article="gcj" article_name="Courts and Judicial Proceedings" number="12-201" title_number="12" title_name="Appeals, Certiorari, and Certification of Questions" subtitle_number="2" subtitle_name="Review of Cases Docketed in Appellate Court of Maryland"> <text>Except as provided in § 12–202 of this subtitle, in any case or proceeding pending in or decided by the Appellate Court of Maryland upon appeal from a circuit court or an orphans’ court or the Maryland Tax Court, any party, including the State, may file in the Supreme Court of Maryland a petition for certiorari to review the case or proceeding. The petition may be filed either before or after the Appellate Court of Maryland has rendered a decision, but not later than the time prescribed by the Maryland Rules. In a case or proceeding described in this section, the Supreme Court of Maryland also may issue the writ of certiorari on its own motion.</text> </section> <section article="gcj" article_name="Courts and Judicial Proceedings" number="12-202" title_number="12" title_name="Appeals, Certiorari, and Certification of Questions" subtitle_number="2" subtitle_name="Review of Cases Docketed in Appellate Court of Maryland"> <text>A review by way of certiorari may not be granted by the Supreme Court of Maryland in a case or proceeding in which the Appellate Court of Maryland has denied or granted:</text> <level label="1"> <text>Leave to prosecute an appeal in a post conviction proceeding;</text> </level> <level label="2"> <text>Leave to appeal from a refusal to issue a writ of habeas corpus sought for the purpose of determining the right to bail or the appropriate amount of bail;</text> </level> <level label="3"> <text>Leave to appeal in an incarcerated individual grievance commission proceeding;</text> </level> <level label="4"> <text>Leave to appeal from a final judgment entered following a plea of guilty in a circuit court; or</text> </level> <level label="5"> <text>Leave to appeal from an order of a circuit court revoking probation.</text> </level> </section> <section article="gcj" article_name="Courts and Judicial Proceedings" number="12-203" title_number="12" title_name="Appeals, Certiorari, and Certification of Questions" subtitle_number="2" subtitle_name="Review of Cases Docketed in Appellate Court of Maryland"> <text>If the Supreme Court of Maryland finds that review of the case described in § 12–201 of this subtitle is desirable and in the public interest, the Supreme Court of Maryland shall require by writ of certiorari that the case be certified to it for review and determination. The writ may issue before or after the Appellate Court of Maryland has rendered a decision. The Supreme Court of Maryland may by rule provide for the number of its judges who must concur to grant the writ of certiorari in any case, but that number may not exceed three. Reasons for the denial of the writ shall be in writing.</text> </section> <section article="gcj" article_name="Courts and Judicial Proceedings" number="12-301" title_number="12" title_name="Appeals, Certiorari, and Certification of Questions" subtitle_number="3" subtitle_name="Review of Decisions of Trial Courts of General Jurisdiction"> <text>Except as provided in § 12-302 of this subtitle, a party may appeal from a final judgment entered in a civil or criminal case by a circuit court. The right of appeal exists from a final judgment entered by a court in the exercise of original, special, limited, statutory jurisdiction, unless in a particular case the right of appeal is expressly denied by law. In a criminal case, the defendant may appeal even though imposition or execution of sentence has been suspended. In a civil case, a plaintiff who has accepted a remittitur may cross-appeal from the final judgment.</text> </section> <section article="gcj" article_name="Courts and Judicial Proceedings" number="12-301.1" title_number="12" title_name="Appeals, Certiorari, and Certification of Questions" subtitle_number="3" subtitle_name="Review of Decisions of Trial Courts of General Jurisdiction"> <level label="a"> <level label="1"> <text>This section does not apply to a judgment in an action for damages under § 3–2102 of this article.</text> </level> <level label="2"> <text>Except as provided in subsection (d) of this section and notwithstanding any other law or court rule, in a civil action the amount of the supersedeas bond necessary to obtain a stay of enforcement of a judgment granting any type of relief during the entire course of all appeals or discretionary reviews may not exceed the lesser of $100,000,000 or the amount of the judgment for each appellant, regardless of the amount of the judgment appealed.</text> </level> </level> <level label="b"> <level label="1"> <text>In a civil action a party seeking a stay of execution of a judgment of any amount pending review may file a motion to reduce the amount of a supersedeas bond required to obtain the stay.</text> </level> <level label="2"> <text>A court, on a motion under paragraph (1) of this subsection or on its own motion, may reduce the amount of a supersedeas bond or may set other conditions to obtain the stay, with or without a bond, in the interest of justice and for good cause shown.</text> </level> </level> <level label="c"> <level label="1"> <text>If an appellant posts a supersedeas bond in accordance with this section for an amount less than would be required under Rule 8–423(b) of the Maryland Rules, the appellee may engage in discovery for the limited purpose of determining whether the appellant dissipated or diverted assets outside the course of its ordinary business or is in the process of doing so.</text> </level> <level label="2"> <text>The circuit court shall retain jurisdiction over the action for the limited purpose of ruling on any motions relating to discovery under paragraph (1) of this subsection to determine whether the defendant dissipated or diverted assets outside the course of its ordinary business or is in the process of doing so.</text> </level> </level> <level label="d"> <text>If a court determines that an appellant dissipated or diverted assets outside the course of its ordinary business or is in the process of doing so, the court may:</text> <level label="1"> <text>Enter orders necessary to protect the appellee;</text> </level> <level label="2"> <text>Require the appellant to post a supersedeas bond in an amount not exceeding the amount that would be required under Rule 8–423(b) of the Maryland Rules; and</text> </level> <level label="3"> <text>Impose other remedies and sanctions that the court considers appropriate.</text> </level> </level> </section> <section article="gcj" article_name="Courts and Judicial Proceedings" number="12-302" title_number="12" title_name="Appeals, Certiorari, and Certification of Questions" subtitle_number="3" subtitle_name="Review of Decisions of Trial Courts of General Jurisdiction"> <level label="a"> <text>Unless a right to appeal is expressly granted by law, § 12–301 of this subtitle does not permit an appeal from a final judgment of a court entered or made in the exercise of appellate jurisdiction in reviewing the decision of the District Court, an administrative agency, or a local legislative body.</text> </level> <level label="b"> <text>Section 12–301 of this subtitle does not apply to appeals in contempt cases, which are governed by § 12–304 of this subtitle and § 12–402 of this title.</text> </level> <level label="c"> <level label="1"> <text>In a criminal case, the State may appeal as provided in this subsection.</text> </level> <level label="2"> <text>The State may appeal from a final judgment granting a motion to dismiss or quashing or dismissing any indictment, information, presentment, or inquisition.</text> </level> <level label="3"> <text>The State may appeal from a final judgment if the State alleges that the trial judge:</text> <level label="i"> <text>Failed to impose the sentence specifically mandated by the Code; or</text> </level> <level label="ii"> <text>Imposed or modified a sentence in violation of the Maryland Rules.</text> </level> </level> <level label="4"> <level label="i"> <text>This paragraph applies in a case:</text> <level label="1"> <text>Involving a crime of violence as defined in § 14–101 of the Criminal Law Article;</text> </level> <level label="2"> <text>Under §§ 5–602 through 5–609 and §§ 5–612 through 5–614 of the Criminal Law Article;</text> </level> <level label="3"> <text>Under §§ 5–621 and 5–622 of the Criminal Law Article; or</text> </level> <level label="4"> <text>Under §§ 5–133, 5–133.1, 5–134, 5–136, 5–138, 5–140, 5–141, 5–142, 5–205, and 5–206 of the Public Safety Article.</text> </level> </level> <level label="ii"> <text>For cases listed in subparagraph (i) of this paragraph, the State may appeal from a decision of a trial court that excludes evidence offered by the State or requires the return of property alleged to have been seized in violation of the Constitution of the United States, the Maryland Constitution, or the Maryland Declaration of Rights.</text> </level> <level label="iii"> <text>The appeal shall be made before jeopardy attaches to the defendant. However, in all cases the appeal shall be taken no more than 15 days after the decision has been rendered and shall be diligently prosecuted.</text> </level> <level label="iv"> <text>Before taking the appeal, the State shall certify to the court that the appeal is not taken for purposes of delay and that the evidence excluded or the property required to be returned is substantial proof of a material fact in the proceeding. The appeal shall be heard and the decision rendered within 120 days of the time that the record on appeal is filed in the appellate court. Otherwise, the decision of the trial court shall be final.</text> </level> <level label="v"> <text>Except in a homicide case, if the State appeals on the basis of this paragraph, and if on final appeal the decision of the trial court is affirmed, the charges against the defendant shall be dismissed in the case from which the appeal was taken. In that case, the State may not prosecute the defendant on those specific charges or on any other related charges arising out of the same incident.</text> </level> <level label="vi"> <level label="1"> <text>Except as provided in subsubparagraph 2 of this subparagraph, pending the prosecution and determination of an appeal taken under this paragraph or paragraph (2) of this subsection, the defendant shall be released on personal recognizance bail. If the defendant fails to appear as required by the terms of the recognizance bail, the trial court shall subject the defendant to the penalties provided in § 5–211 of the Criminal Procedure Article.</text> </level> <level label="2"> <level label="A"> <text>Pending the prosecution and determination of an appeal taken under this paragraph or paragraph (2) of this subsection, in a case in which the defendant is charged with a crime of violence, as defined in § 14–101 of the Criminal Law Article, or a firearm–related crime listed in subparagraph (i)3 or 4 of this paragraph, the court may release the defendant on any terms and conditions that the court considers appropriate or may order the defendant remanded to custody pending the outcome of the appeal.</text> </level> </level> <level label="B"> <text>The determination and enforcement of any terms and conditions of release shall be in accordance with the provisions of Title 5 of the Criminal Procedure Article.</text> </level> </level> <level label="vii"> <text>If the State loses the appeal, the jurisdiction shall pay all the costs related to the appeal, including reasonable attorney’s fees incurred by the defendant as a result of the appeal.</text> </level> </level> </level> <level label="d"> <text>Section 12–301 of this subtitle does not permit an appeal from the decision of the judges of a circuit court sitting in banc pursuant to Article IV, § 22 of the Maryland Constitution, if the party seeking to appeal is the party who moved to have the point or question reserved for consideration of the court in banc.</text> </level> <level label="e"> <level label="1"> <text>In this subsection, “conditional plea of guilty” means a guilty plea with which the defendant preserves in writing any pretrial issues that the defendant intends to appeal.</text> </level> <level label="2"> <text>Except as provided in paragraph (3) of this subsection, § 12–301 of this subtitle does not permit an appeal from a final judgment entered following a plea of guilty in a circuit court. Review of such a judgment shall be sought by application for leave to appeal.</text> </level> <level label="3"> <text>An appeal from a final judgment entered following a conditional plea of guilty may be taken in accordance with the Maryland Rules.</text> </level> </level> <level label="f"> <text>Section 12–301 of this subtitle does not permit an appeal from the order of a sentence review panel of a circuit court under Title 8 of the Criminal Procedure Article, unless the panel increases the sentence.</text> </level> <level label="g"> <text>Section 12–301 of this subtitle does not permit an appeal from an order of a circuit court revoking probation. Review of an order of a circuit court revoking probation shall be sought by application for leave to appeal.</text> </level> </section> <section article="gcj" article_name="Courts and Judicial Proceedings" number="12-303" title_number="12" title_name="Appeals, Certiorari, and Certification of Questions" subtitle_number="3" subtitle_name="Review of Decisions of Trial Courts of General Jurisdiction"> <text>A party may appeal from any of the following interlocutory orders entered by a circuit court in a civil case:</text> <level label="1"> <text>An order entered with regard to the possession of property with which the action is concerned or with reference to the receipt or charging of the income, interest, or dividends therefrom, or the refusal to modify, dissolve, or discharge such an order;</text> </level> <level label="2"> <text>An order granting or denying a motion to quash a writ of attachment; and</text> </level> <level label="3"> <text>An order:</text> <level label="i"> <text>Granting or dissolving an injunction, but if the appeal is from an order granting an injunction, only if the appellant has first filed his answer in the cause;</text> </level> <level label="ii"> <text>Refusing to dissolve an injunction, but only if the appellant has first filed his answer in the cause;</text> </level> <level label="iii"> <text>Refusing to grant an injunction; and the right of appeal is not prejudiced by the filing of an answer to the bill of complaint or petition for an injunction on behalf of any opposing party, nor by the taking of depositions in reference to the allegations of the bill of complaint to be read on the hearing of the application for an injunction;</text> </level> <level label="iv"> <text>Appointing a receiver but only if the appellant has first filed his answer in the cause;</text> </level> <level label="v"> <text>For the sale, conveyance, or delivery of real or personal property or the payment of money, or the refusal to rescind or discharge such an order, unless the delivery or payment is directed to be made to a receiver appointed by the court;</text> </level> <level label="vi"> <text>Determining a question of right between the parties and directing an account to be stated on the principle of such determination;</text> </level> <level label="vii"> <text>Requiring bond from a person to whom the distribution or delivery of property is directed, or withholding distribution or delivery and ordering the retention or accumulation of property by the fiduciary or its transfer to a trustee or receiver, or deferring the passage of the court’s decree in an action under Title 10, Chapter 600 of the Maryland Rules;</text> </level> <level label="viii"> <text>Deciding any question in an insolvency proceeding brought under Title 15, Subtitle 1 of the Commercial Law Article;</text> </level> <level label="ix"> <text>Granting a petition to stay arbitration pursuant to § 3–208 of this article;</text> </level> <level label="x"> <text>Depriving a parent, grandparent, or natural guardian of the care and custody of his child, or changing the terms of such an order;</text> </level> <level label="xi"> <text>Denying immunity asserted under § 5–525 or § 5–526 of this article; and</text> </level> <level label="xii"> <text>Denying a motion to dismiss a claim filed under § 5–117 of this article if the motion is based on a defense that the applicable statute of limitations or statute of repose bars the claim and any legislative action reviving the claim is unconstitutional.</text> </level> </level> </section> <section article="gcj" article_name="Courts and Judicial Proceedings" number="12-304" title_number="12" title_name="Appeals, Certiorari, and Certification of Questions" subtitle_number="3" subtitle_name="Review of Decisions of Trial Courts of General Jurisdiction"> <level label="a"> <text>Any person may appeal from any order or judgment passed to preserve the power or vindicate the dignity of the court and adjudging him in contempt of court, including an interlocutory order, remedial in nature, adjudging any person in contempt, whether or not a party to the action.</text> </level> <level label="b"> <text>This section does not apply to an adjudication of contempt for violation of an interlocutory order for the payment of alimony.</text> </level> </section> <section article="gcj" article_name="Courts and Judicial Proceedings" number="12-305" title_number="12" title_name="Appeals, Certiorari, and Certification of Questions" subtitle_number="3" subtitle_name="Review of Decisions of Trial Courts of General Jurisdiction"> <text>The Supreme Court of Maryland shall require by writ of certiorari that a decision be certified to it for review and determination in any case in which a circuit court has rendered a final judgment on appeal from the District Court or has rendered a final judgment on appeal from an administrative decision under Title 16 of the Transportation Article if it appears to the Supreme Court of Maryland, upon petition of a party that:</text> <level label="1"> <text>Review is necessary to secure uniformity of decision, as where the same statute has been construed differently by two or more judges; or</text> </level> <level label="2"> <text>There are other special circumstances rendering it desirable and in the public interest that the decision be reviewed.</text> </level> </section> <section article="gcj" article_name="Courts and Judicial Proceedings" number="12-306" title_number="12" title_name="Appeals, Certiorari, and Certification of Questions" subtitle_number="3" subtitle_name="Review of Decisions of Trial Courts of General Jurisdiction"> <text>The purpose of §§ 12–307 and 12–308 of this subtitle is to allocate appellate jurisdiction between the Supreme Court of Maryland and the Appellate Court of Maryland. Except as expressly provided in those sections, nothing in them creates or abrogates a right to appeal or otherwise invoke appellate jurisdiction granted by the laws of the State.</text> </section> <section article="gcj" article_name="Courts and Judicial Proceedings" number="12-307" title_number="12" title_name="Appeals, Certiorari, and Certification of Questions" subtitle_number="3" subtitle_name="Review of Decisions of Trial Courts of General Jurisdiction"> <text>The Supreme Court of Maryland has:</text> <level label="1"> <text>Jurisdiction to review a case or proceeding pending in or decided by the Appellate Court of Maryland in accordance with Subtitle 2 of this title;</text> </level> <level label="2"> <text>Jurisdiction to review a case or proceeding decided by a circuit court, in accordance with § 12–305 of this subtitle; and</text> </level> <level label="3"> <text>Exclusive appellate jurisdiction with respect to a question of law certified to it under the Uniform Certification of Questions of Law Act.</text> </level> </section> <section article="gcj" article_name="Courts and Judicial Proceedings" number="12-308" title_number="12" title_name="Appeals, Certiorari, and Certification of Questions" subtitle_number="3" subtitle_name="Review of Decisions of Trial Courts of General Jurisdiction"> <text>Except as provided in § 12–307 of this subtitle, the Appellate Court of Maryland has exclusive initial appellate jurisdiction over any reviewable judgment, decree, order or other action of a circuit court, and an orphans’ court.</text> </section> <section article="gcj" article_name="Courts and Judicial Proceedings" number="12-309" title_number="12" title_name="Appeals, Certiorari, and Certification of Questions" subtitle_number="3" subtitle_name="Review of Decisions of Trial Courts of General Jurisdiction"> <level label="a"> <text>A petition for judicial review of a final decision by the State Board of Contract Appeals in an appeal from the award of a video lottery operation license by the Video Lottery Facility Location Commission may be heard in the circuit court of any county in which venue would be appropriate under § 6–201 of this article.</text> </level> <level label="b"> <text>Except for cases that the court considers to require a higher priority, a proceeding under this section, including any subsequent appellate judicial review, shall:</text> <level label="1"> <text>Take precedence on the court’s docket;</text> </level> <level label="2"> <text>Be heard at the earliest practicable date; and</text> </level> <level label="3"> <text>Be expedited in every way.</text> </level> </level> <level label="c"> <text>Notwithstanding any other provision of law, a party to a proceeding under this section may appeal the decision of the circuit court only by a petition to the Supreme Court of Maryland for the issuance of a writ of certiorari.</text> </level> </section> <section article="gcj" article_name="Courts and Judicial Proceedings" number="12-401" title_number="12" title_name="Appeals, Certiorari, and Certification of Questions" subtitle_number="4" subtitle_name="Review of Decisions of District Court"> <level label="a"> <text>A party in a civil case may appeal from a final judgment entered in the District Court.</text> </level> <level label="b"> <text>In a criminal case:</text> <level label="1"> <text>The State may appeal from a final judgment entered in the District Court:</text> <level label="i"> <text>If the State alleges that the trial judge failed to impose the sentence specifically mandated by the Code; or</text> </level> <level label="ii"> <text>Granting a motion to dismiss, or quashing or dismissing a charging document.</text> </level> </level> <level label="2"> <text>The defendant may appeal even from a final judgment entered in the District Court though imposition or execution of sentence has been suspended.</text> </level> </level> <level label="c"> <text>Notwithstanding any other provision of law, an appeal taken under subsection (b)(1)(ii) of this section shall be:</text> <level label="1"> <text>To the circuit court solely for the purpose of reviewing the judgment of the District Court; and</text> </level> <level label="2"> <text>Heard on the record made in the District Court.</text> </level> </level> <level label="d"> <level label="1"> <text>A defendant who has been found guilty of a municipal infraction, as described in § 6–102 of the Local Government Article or a Code violation under § 10–119 of the Criminal Law Article, may appeal from the final judgment entered in the District Court.</text> </level> <level label="2"> <text>The costs and procedures for taking the appeal shall be as provided for appeals from criminal cases in the District Court.</text> </level> <level label="3"> <text>Except, however, as provided in subsection (f) of this section, the appellate court shall docket and hear the appeal as a civil appeal from the District Court.</text> </level> </level> <level label="e"> <level label="1"> <text>Except as provided in paragraph (2) of this subsection, an appeal shall be taken by filing an order for appeal with the clerk of the District Court within 30 days from the date of the final judgment from which appealed.</text> </level> <level label="2"> <text>If the final judgment was entered in a case filed under § 8–332, § 8–401, § 8–402, § 14–109, or § 14–120 of the Real Property Article, the order for appeal shall be filed within the time prescribed by the particular section.</text> </level> </level> <level label="f"> <text>In a civil case in which the amount in controversy exceeds $5,000 exclusive of interest, costs, and attorney’s fees if attorney’s fees are recoverable by law or contract, in any matter arising under § 4–401(7)(ii) of this article, and in any case in which the parties so agree, an appeal shall be heard on the record made in the District Court. In every other case, including a criminal case in which sentence has been imposed or suspended following a plea of nolo contendere or guilty, and an appeal in a municipal infraction or Code violation case, an appeal shall be tried de novo.</text> </level> <level label="g"> <text>In a criminal appeal that is tried de novo:</text> <level label="1"> <text>There is no right to a jury trial unless the offense charged is subject to a penalty of imprisonment or unless there is a constitutional right to a jury trial for that offense; and</text> </level> <level label="2"> <text>On the filing of a notice of appeal, the circuit court may stay a sentence of imprisonment imposed by the District Court and release the defendant pending trial in the circuit court.</text> </level> </level> </section> <section article="gcj" article_name="Courts and Judicial Proceedings" number="12-402" title_number="12" title_name="Appeals, Certiorari, and Certification of Questions" subtitle_number="4" subtitle_name="Review of Decisions of District Court"> <text>Any person may appeal from any order or judgment passed to preserve the power or vindicate the dignity of the court and adjudging him in contempt of court. This includes an interlocutory order, remedial in nature, adjudging any person in contempt, whether or not a party to the action.</text> </section> <section article="gcj" article_name="Courts and Judicial Proceedings" number="12-403" title_number="12" title_name="Appeals, Certiorari, and Certification of Questions" subtitle_number="4" subtitle_name="Review of Decisions of District Court"> <level label="a"> <text>An appeal from the District Court sitting in one of the counties shall be taken to the circuit court for the county in which judgment was entered.</text> </level> <level label="b"> <text>An appeal from the District Court sitting in Baltimore City shall be taken to the Circuit Court for Baltimore City.</text> </level> </section> <section article="gcj" article_name="Courts and Judicial Proceedings" number="12-404" title_number="12" title_name="Appeals, Certiorari, and Certification of Questions" subtitle_number="4" subtitle_name="Review of Decisions of District Court"> <text>If a judgment of the District Court imposing a fine or penalty for violation of a law or ordinance is affirmed on appeal, the appellate court may commit the defendant or appellant in case of nonpayment of the fine or penalty, in accordance with law.</text> </section> <section article="gcj" article_name="Courts and Judicial Proceedings" number="12-501" title_number="12" title_name="Appeals, Certiorari, and Certification of Questions" subtitle_number="5" subtitle_name="Review of Decisions of Orphans' Courts"> <level label="a"> <text>A party may appeal to the Appellate Court of Maryland from a final judgment of an orphans’ court.</text> </level> <level label="b"> <text>However, if the final judgment was given or made in a summary proceeding, and on the testimony of witnesses, an appeal is not allowed under this section unless the party desiring to appeal immediately gives notice of the party’s intention to appeal and requests that the testimony be reduced to writing.</text> </level> <level label="c"> <text>In such case the testimony shall be reduced to writing at the cost of the party requesting it.</text> </level> </section> <section article="gcj" article_name="Courts and Judicial Proceedings" number="12-502" title_number="12" title_name="Appeals, Certiorari, and Certification of Questions" subtitle_number="5" subtitle_name="Review of Decisions of Orphans' Courts"> <level label="a"> <level label="1"> <level label="i"> <text>Instead of a direct appeal to the Appellate Court of Maryland under § 12–501 of this subtitle, a party may appeal to the circuit court for the county from a final judgment of an orphans’ court.</text> </level> <level label="ii"> <text>The appeal shall be heard de novo by the circuit court.</text> </level> <level label="iii"> <text>The de novo appeal shall be treated as if it were a new proceeding and as if there had never been a prior hearing or judgment by the orphans’ court.</text> </level> <level label="iv"> <text>The circuit court shall give judgment according to the equity of the matter.</text> </level> </level> <level label="2"> <text>This subsection does not apply to Harford County, Howard County, or Montgomery County.</text> </level> </level> <level label="b"> <level label="1"> <text>An appeal under this section shall be taken by filing a notice of appeal with the register of wills within 30 days after the date of the final judgment from which the appeal is taken.</text> </level> <level label="2"> <text>Within 60 days after the filing of a notice of appeal under paragraph (1) of this subsection, the register of wills shall transmit all pleadings and orders 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 these pleadings and orders.</text> </level> </level> </section> <section article="gcj" article_name="Courts and Judicial Proceedings" number="12-601" title_number="12" title_name="Appeals, Certiorari, and Certification of Questions" subtitle_number="6" subtitle_name="Certification of Questions of Law"> <level label="a"> <text>In this subtitle the following words have the meanings indicated.</text> </level> <level label="b"> <text>“State” means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or insular possession subject to the jurisdiction of the United States.</text> </level> <level label="c"> <text>“Tribe” means a tribe, band, or village of Native Americans which is recognized by federal law or formally acknowledged by a state.</text> </level> </section> <section article="gcj" article_name="Courts and Judicial Proceedings" number="12-602" title_number="12" title_name="Appeals, Certiorari, and Certification of Questions" subtitle_number="6" subtitle_name="Certification of Questions of Law"> <text>The Supreme Court of Maryland or the Appellate Court of Maryland of this State, on the motion of a party to pending litigation or its own motion, may certify a question of law to the highest court of another state or of a tribe if:</text> <level label="1"> <text>The pending litigation involves a question to be decided under the law of the other jurisdiction;</text> </level> <level label="2"> <text>The answer to the question may be determinative of an issue in the pending litigation; and</text> </level> <level label="3"> <text>The question is one for which an answer is not provided by a controlling appellate decision, constitutional provision, or statute of the other jurisdiction.</text> </level> </section> <section article="gcj" article_name="Courts and Judicial Proceedings" number="12-603" title_number="12" title_name="Appeals, Certiorari, and Certification of Questions" subtitle_number="6" subtitle_name="Certification of Questions of Law"> <text>The Supreme Court of Maryland of this State may answer a question of law certified to it by a court of the United States or by an appellate court of another state or of a tribe, if the answer may be determinative of an issue in pending litigation in the certifying court and there is no controlling appellate decision, constitutional provision, or statute of this State.</text> </section> <section article="gcj" article_name="Courts and Judicial Proceedings" number="12-604" title_number="12" title_name="Appeals, Certiorari, and Certification of Questions" subtitle_number="6" subtitle_name="Certification of Questions of Law"> <text>The Supreme Court of Maryland of this State may reformulate a question of law certified to it.</text> </section> <section article="gcj" article_name="Courts and Judicial Proceedings" number="12-605" title_number="12" title_name="Appeals, Certiorari, and Certification of Questions" subtitle_number="6" subtitle_name="Certification of Questions of Law"> <level label="a"> <text>The court certifying a question of law to the Supreme Court of Maryland of this State shall issue a certification order and forward it to the Supreme Court of Maryland of this State.</text> </level> <level label="b"> <text>Before responding to a certified question, the Supreme Court of Maryland of this State may require the certifying court to deliver all or part of its record to the Supreme Court of Maryland of this State.</text> </level> </section> <section article="gcj" article_name="Courts and Judicial Proceedings" number="12-606" title_number="12" title_name="Appeals, Certiorari, and Certification of Questions" subtitle_number="6" subtitle_name="Certification of Questions of Law"> <level label="a"> <text>A certification order shall contain:</text> <level label="1"> <text>The question of law to be answered;</text> </level> <level label="2"> <text>The facts relevant to the question, showing fully the nature of the controversy out of which the question arose;</text> </level> <level label="3"> <text>A statement acknowledging that the Supreme Court of Maryland of this State, acting as the receiving court, may reformulate the question; and</text> </level> <level label="4"> <text>The names and addresses of counsel of record and parties appearing without counsel.</text> </level> </level> <level label="b"> <text>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.</text> </level> </section> <section article="gcj" article_name="Courts and Judicial Proceedings" number="12-607" title_number="12" title_name="Appeals, Certiorari, and Certification of Questions" subtitle_number="6" subtitle_name="Certification of Questions of Law"> <text>The Supreme Court of Maryland 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.</text> </section> <section article="gcj" article_name="Courts and Judicial Proceedings" number="12-608" title_number="12" title_name="Appeals, Certiorari, and Certification of Questions" subtitle_number="6" subtitle_name="Certification of Questions of Law"> <level label="a"> <text>After the Supreme Court of Maryland of this State has accepted a certified question, proceedings are governed by the Maryland Rules.</text> </level> <level label="b"> <text>Procedures for certification from this State to a receiving court are those provided in the rules and statutes of the receiving forum.</text> </level> </section> <section article="gcj" article_name="Courts and Judicial Proceedings" number="12-609" title_number="12" title_name="Appeals, Certiorari, and Certification of Questions" subtitle_number="6" subtitle_name="Certification of Questions of Law"> <text>The Supreme Court of Maryland 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.</text> </section> <section article="gcj" article_name="Courts and Judicial Proceedings" number="12-610" title_number="12" title_name="Appeals, Certiorari, and Certification of Questions" subtitle_number="6" subtitle_name="Certification of Questions of Law"> <text>Fees and costs are the same as in civil appeals docketed before the Supreme Court of Maryland of this State and shall be equally divided between the parties unless otherwise ordered by the certifying court.</text> </section> <section article="gcj" article_name="Courts and Judicial Proceedings" number="12-611" title_number="12" title_name="Appeals, Certiorari, and Certification of Questions" subtitle_number="6" subtitle_name="Certification of Questions of Law"> <text>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.</text> </section> <section article="gcj" article_name="Courts and Judicial Proceedings" number="12-612" title_number="12" title_name="Appeals, Certiorari, and Certification of Questions" subtitle_number="6" subtitle_name="Certification of Questions of Law"> <text>This subtitle shall be applied and construed to effectuate its general purpose to make uniform law with respect to the subject of the subtitle among states enacting it.</text> </section> <section article="gcj" article_name="Courts and Judicial Proceedings" number="12-613" title_number="12" title_name="Appeals, Certiorari, and Certification of Questions" subtitle_number="6" subtitle_name="Certification of Questions of Law"> <text>This subtitle may be cited as the Maryland Uniform Certification of Questions of Law Act.</text> </section> <section article="gcj" article_name="Courts and Judicial Proceedings" number="12-701" title_number="12" title_name="Appeals, Certiorari, and Certification of Questions" subtitle_number="7" subtitle_name="Practice on Appeal"> <level label="a"> <level label="1"> <text>An appeal from an orphans’ court or a circuit court stays all proceedings in the orphans’ court concerning the issue appealed.</text> </level> <level label="2"> <text>An appeal from an orphans’ court or a circuit court does not stay any proceedings in the orphans’ court that do not concern the issue appealed, if the orphans’ court can provide for conforming to the decision of the appellate court.</text> </level> <level label="3"> <level label="i"> <text>An appeal from a final order of an orphans’ court or a circuit court removing a personal representative does not stay an order appointing a successor personal representative or special administrator.</text> </level> <level label="ii"> <text>If an appeal is filed from the final order of an orphans’ court or a circuit court removing a personal representative and the court appointed a successor personal representative, the successor personal representative shall have the powers of a special administrator.</text> </level> </level> </level> <level label="b"> <text>An appeal from a judgment of a juvenile court with respect to a child neither stays the judgment nor discharges the child from the custody of a person, institution, or agency to whose care the juvenile court has committed the child. The appellate court may authorize a stay, on application and hearing, if it finds that suitable provision is made for the care and custody of the child.</text> </level> </section> <section article="gcj" article_name="Courts and Judicial Proceedings" number="12-702" title_number="12" title_name="Appeals, Certiorari, and Certification of Questions" subtitle_number="7" subtitle_name="Practice on Appeal"> <level label="a"> <text>If an appellate court remands a criminal case to a lower court in order that the lower court may pronounce the proper judgment or sentence, the lower court shall deduct from the term of the new sentence the time served by the defendant under the previous sentence from the date of his conviction. If the previous sentence was a statutory maximum sentence, the lower court also shall give credit for any period of incarceration prior to the previous sentence, if the incarceration was related to the offense for which the sentence was imposed.</text> </level> <level label="b"> <text>If an appellate court remands a criminal case to a lower court in order that the lower court may pronounce the proper judgment or sentence, or conduct a new trial, and if there is a conviction following this new trial, the lower court may impose any sentence authorized by law to be imposed as punishment for the offense. However, it may not impose a sentence more severe than the sentence previously imposed for the offense unless:</text> <level label="1"> <text>The reasons for the increased sentence affirmatively appear;</text> </level> <level label="2"> <text>The reasons are based upon additional objective information concerning identifiable conduct on the part of the defendant; and</text> </level> <level label="3"> <text>The factual data upon which the increased sentence is based appears as part of the record.</text> </level> </level> <level label="c"> <text>If a defendant who appeals from a conviction in the District Court is convicted after a trial de novo on appeal, the appellate court may impose a more severe sentence than that imposed in the District Court, but if the case is one in which the defendant was denied a jury trial under § 4-302(e)(2) of this article, the sentence may not be for more than 90 days except under the conditions prescribed in subsection (b) of this section. Except as provided above, the appellate court may impose any sentence authorized by law to be imposed as punishment for the offense.</text> </level> </section>