Filing a Petition for Writ of Certiorari

New rules effective April 1, 2022

 

  • A petition for writ of certiorari filed in the Court of Appeals seeking review of a decision of the Court of Special Appeals must be filed no later than 15 days from the date of the mandate of the Court of Special Appeals Rule 8-302(a). Printable instructions can be found here: Sample Instructions - CSA to COA.
     
  • A petition seeking review of a circuit court decision on appeal from the District Court of Maryland must be filed no later than 30 days from the date of the judgment of the circuit court Md. Rule 8-302(b). Printable instructions can be found here: Sample Instructions - CC to COA.
     
  • Only an original petition or cross-petition is required to be filed without any additional copies. Rule 8-303(a)
     
  • A filing fee of $61.00 is required for both petitions and cross-petitions. Rule 8-303(a) To request a waiver of this filing fee, complete the Request for Waiver of Prepaid Appellate Costs form and file it with your petition.
     
  • A petition or cross-petition is not to exceed 3,900 words in length (not including attachments). Rule 8-303(b)(1) 
     
  • Required attachments to the petition are:
    a. Docket entries evidencing the judgment of the circuit court.
    b. Any opinion of the circuit court.
    c. Any written order issued under Rule 2-602(b).
    d. If the case has not been decided by the Court of Special Appeals, all briefs that have been filed in the Court of Special Appeals; and
    e. Any opinion of the Court of Special Appeals. Rule 8-303(b)(2)
     
  • An answer to a petition or cross-petition is due 15 days from the filing date of the petition or cross-petition. Only an original answer is required to be filed without any additional copies. An answer to a petition shall not exceed 3,900 words, and a reply to a cross-petition shall not exceed 1,500 words. There is no filing fee for answers. Rule 8-303(d)
     
  • Petitions usually take six to eight weeks to be acted on by the Court.
     
  • A sample petition in a criminal matter from the Court of Special Appeals can be found here: Petition for Writ of Certiorari -- Criminal -- CSA to COA
     
  • A sample petition in a civil matter from the Court of Special Appeals can be found here: Petition for Writ of Certiorari -- Civil -- CSA to COA
     
  • A sample petition in a criminal matter in a district court to circuit court appeal can be found here: Petition for Writ of Certiorari -- Criminal -- DC to CC
     
  • A sample petition in a civil matter in a district court to circuit court appeal can be found here: Petition for Writ of Certiorari -- Civil -- DC to CC

 

For more information or clarification, refer to Chapter 300 of Title 8 of the Maryland Rules. Title 8