Rule 8-302. Petition for Writ of Certiorari—Times for Filing

(a) From Appeal to the Appellate Court If a notice of appeal to the Appellate Court has been filed pursuant to Rule 8-201, a petition for a writ of certiorari may be filed either before or after the Appellate Court has rendered a decision, but not later than the later of 15 days after the Appellate Court issues its mandate or 30 days after the filing of that court's opinion.

(b) From Appeal to Circuit Court If a writ of certiorari is sought pursuant to Code, Courts Article, § 12-305, a petition may be filed not later than 30 days after entry of the judgment of the circuit court, except as follows:

(1) In a criminal action, when a timely motion for a new trial is filed pursuant to Rule 4-331(a), the petition for a writ of certiorari shall be filed within 30 days after the later of (A) entry of the judgment or (B) entry of a notice withdrawing the motion or an order denying the motion

(2) In a civil action tried de novo in the circuit court, when a timely motion is filed pursuant to Rule 2-533 or 2-534, the petition for a writ of certiorari shall be filed within 30 days after entry of (A) a notice withdrawing the motion or (B) an order denying a motion pursuant to Rule 2-533 or disposing of a motion pursuant to Rule 2-534 A petition for a writ of certiorari filed before the withdrawal or disposition of either of these motions has no effect, and a new petition must be filed within the time specified in this section.

(c) By Other Party--Within 15 Days If a timely petition for a writ of certiorari is filed by a party, any other party may file a petition for a writ of certiorari within 15 days after the date on which the first timely petition was filed or within any applicable time otherwise prescribed by this Rule, whichever is later.

(d) Date of Entry “Entry” as used in this Rule occurs on the day when the clerk of the lower court enters a record on the docket of the electronic case management system used by that court.

Committee Notes

Cross reference: Rule 2-601. Source: This Rule is derived from former Rule 812.