Md. R. Jud. Rev. Cir. Ct. 7-301

As amended through November 13, 2024

Rule 7-301 - Certiorari in the Circuit Court

(a) Applicability; Definitions. This Rule governs applications in the circuit court for a writ of certiorari. As used in this Rule, "respondent means the District Court or the Orphans' Court whose acts are sought to be reviewed. As used in this Rule, "party means any party to a proceeding in the District Court or Orphans' Court other than the petitioner or petitioners in the circuit court.

(b) Petition. An application for a writ of certiorari shall be by petition filed in the circuit court for the county where the acts sought to be reviewed take, have taken, or would take effect. The petition shall name as respondent the court whose acts are sought to be reviewed and the names and addresses of all known parties in the proceeding with respect to which the review by the circuit court is sought. The petition shall be under oath and shall state (1) the name of the respondent, (2) the matter sought to be reviewed, (3) the interest of the petitioner in the matter, and (4) the facts relied on to show that the respondent lacked jurisdiction or committed unconstitutional acts reviewable by writ of certiorari.

(c) Action on Petition; Bond. Upon the filing of a petition, the court shall (1) issue an order requiring the respondent to file a response by a specified date showing cause why the writ should not issue, (2) issue a writ of certiorari to the respondent, requiring the production by a specified date of all records of the respondent in the matter by a date stated in the writ, or (3) dismiss the petition if the court determines from the petition that it lacks jurisdiction. Before issuing a writ of certiorari, the court may require the petitioner to file a bond conditioned on the payment to any person of any damages sustained because of the issuance of the writ if the court ultimately determines that the writ should not have issued.

Cross reference: Title 1, Chapter 400.

(d) Service and Notice. Upon filing the petition, the petitioner shall deliver to the clerk one additional copy of the petition for the respondent and one additional copy for each party. The petitioner also shall notify the other parties in conformity with Rule 1-351(b). The clerk shall promptly mail a copy of the petition to the clerk of the respondent and to each party, together with a notice stating:

(1) the date the petition was filed;

(2) the name of the court in which the petition was filed;

(3) the civil action number assigned to the petition; and

(4) that if the respondent or a party opposes the petition, the respondent or party shall file a response within 30 days after the date the notice was mailed or, if the court has shortened or extended the time for filing a response, within such other time stated in the notice. The clerk also shall mail a copy of the notice to each petitioner.

(e) Hearing.

(1)If No Response Is Filed. If no response to the petition is filed within the time allowed, the court may issue the writ without a hearing.

(2)If a Response Is Filed. If the respondent or a party files a response to the petition, the court shall hold a hearing to determine its own jurisdiction and whether to issue the writ.

(3)When Writ Issued. Upon the return of the writ and the production by the respondent of its records, the court shall first determine whether it has jurisdiction and, if so, shall review the jurisdiction and constitutionality of the acts of the respondent.

(f) Motion to Intervene. Any person whose interest may be affected adversely by the certiorari proceeding may move to intervene pursuant to Rule 2-214.

Md. R. Jud. Rev. Cir. Ct. 7-301

This Rule is derived in part from former Rules K41 through K48 and is in part new.

Adopted March 30, 1993, eff. 7/1/1993. Amended Nov. 8, 2005, eff. 1/1/2006.

HISTORICAL NOTES

2005 Orders

The November 8, 2005, order rewrote this rule, which previously read:

"(a) Applicability; Definitions. This Rule governs applications in the circuit court for a writ of certiorari. As used in this Rule, "defendant means the person or body whose acts are sought to be reviewed.

"(b) Petition. An application for a writ of certiorari shall be by petition filed in the circuit court for the county where the acts sought to be reviewed take, have taken, or would take effect and shall name as defendant the person or body whose acts are sought to be reviewed. The petition shall be under oath and shall contain (1) a description of the defendant and of the matter sought to be reviewed, (2) a statement of interest of the plaintiff in the matter, and (3) a statement of the facts relied on to show that the defendant lacked jurisdiction or committed unconstitutional acts reviewable by writ of certiorari.

"(c) Action on Petition; Bond. Upon the filing of a petition, the court shall (1) issue an order requiring the defendant to file a response by a date stated in the order showing cause why the writ should not issue, (2) issue a writ of certiorari to the defendant, requiring the production of all records of the defendant in the matter by a date stated in the writ, or (3) dismiss the petition if the court determines from the petition that it lacks jurisdiction. Before issuing a writ of certiorari, the court may require the plaintiff to file a bond conditioned on the payment to any person of any damages sustained because of the issuance of the writ if the court ultimately determines that the writ should not have issued.

"Cross reference: Title 1, Chapter 400.

"(d) Service and Notice. A copy of the petition, any show cause order, and any writ of certiorari shall be served upon the defendant, or if the defendant is not an individual, upon an official of the defendant in the manner provided by Rule 2-121. Service of a writ of certiorari shall stay all further proceedings by the defendant. The court may require notice of the certiorari proceeding to be given to any other person.

"(e) Hearing.

"(1) When Show Cause Order Issued. If the defendant files a response to a show cause order, the court shall hold a hearing to determine its own jurisdiction and whether to issue the writ. If no response is filed, the court may issue the writ without a hearing.

"(2) When Writ Issued. Upon the return of the writ and the production by the defendant of its records, the court shall first determine if it has jurisdiction and, if so, shall review the jurisdiction and constitutionality of the acts of the defendant.

"(f) Motion to Intervene. Any person whose interest may be affected adversely by the certiorari proceeding may move to intervene pursuant to Rule 2-214.

"Source: This Rule is derived from former Rules K41 through K48.

Derivation:

Maryland Rule of Procedure K41, adopted Sept. 15, 1961, eff. Jan. 1, 1962, related to definitions, rescinded March 30, 1993, eff. July 1, 1993.

Maryland Rule of Procedure K42, adopted Sept. 15, 1961, eff. Jan. 1, 1962, related to venue, rescinded March 30, 1993, eff. July 1, 1993.

Maryland Rule of Procedure K43, adopted Sept. 15, 1961, eff. Jan. 1, 1962, amended April 6, 1984, eff. July 1, 1984, related to petitions, rescinded March 30, 1993, eff. July 1, 1993.

Maryland Rule of Procedure K44, adopted Sept. 15, 1961, eff. Jan. 1, 1962, related to issuance of writs, rescinded March 30, 1993, eff. July 1, 1993.

Maryland Rule of Procedure K45, adopted Sept. 15, 1961, eff. Jan. 1, 1962, related to bonds, rescinded March 30, 1993, eff. July 1, 1993.

Maryland Rule of Procedure K46, adopted Sept. 15, 1961, eff. Jan. 1, 1962, related to service, rescinded March 30, 1993, eff. July 1, 1993.

Maryland Rule of Procedure K47, adopted Sept. 15, 1961, eff. Jan. 1, 1962, related to hearings, rescinded March 30, 1993, eff. July 1, 1993.

Maryland Rule of Procedure K48, adopted Sept. 15, 1961, eff. Jan. 1, 1962, amended June 23, 1967, eff. Sept. 1, 1967, related to motions to quash and intervention, rescinded March 30, 1993, eff. July 1, 1993.