STANDING COMMITTEE ON RULES OF PRACTICE AND PROCEDURE

STANDING COMMITTEE ON RULES OF PRACTICE AND PROCEDURE

NOTICE OF PROPOSED RULES CHANGES

The Rules Committee has submitted its One Hundred FiftySeventh Report to the Court of Appeals, transmitting thereby

proposed new Rules 9-205.1 (Appointment of Child’s Counsel) and

16-804.1 (Judicial Inquiry Board); new Forms 9-102.1, 9-102.2,

9-102.3, 9-102.4, 9-102.5, 9-102.6, 9-102.7, 9-102.8, 9-102.9,

and 9-102.10; and new Appendix: Maryland Guidelines for Practice

for Court-Appointed Lawyers Representing Children in Cases

Involving Child Custody or Child Access and proposed amendments

to Rules 1-101, 1-104, 1-202, 2-126, 2-201, 2-341, 2-504, 2-532,

2-533, 2-534, 2-535, 2-641, 2-644, 2-645, 2-652, 3-126, 3-201, 3641, 3-644, 4-214, 4-217, 4-261, 4-342, 4-343, 4-345, 4-347 4642, 5-615, 7-112, 8-423,8-605.1, 9-101, 9-102, 9-103, 9-104, 9105, 9-106, 9-107, 9-108, 9-109, 9-110, 9-111, 9-112, 9-113, 9203, 14-206, 16-109, 16-803, 16-804, 16-805, 16-806, 16-808, 16811, 16-819 (d), 16-819 (e), 16-903, 16-1002, and 16-1006;

Appendix: Maryland Code of Conduct for Court Interpreters; and

Appendix:

Maryland Lawyers’ Rules of Professional Conduct,

Preamble and Scope and the Comments to Rules 1.7, 1.14, and 2.1.

The Committee’s One Hundred Fifty-Seventh Report and the

proposed new rules, new forms, and amendments are set forth

below.

Interested persons are asked to consider the Committee’s

Report and proposed rules changes and to forward on or before

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February 19, 2007 any written comments they may wish to make to:

Sandra F. Haines, Esq.

Reporter, Rules Committee

2011-D Commerce Park Drive

Annapolis, Maryland 21401

ALEXANDER L. CUMMINGS

Clerk

Court of Appeals of Maryland

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December 19, 2006

ONE HUNDRED FIFTY-SEVENTH REPORT

OF THE

STANDING COMMITTEE ON RULES

OF PRACTICE AND PROCEDURE

The Honorable Robert M. Bell,

Chief Judge

The Honorable Irma S. Raker

The Honorable Alan M. Wilner

The Honorable Dale R. Cathell

The Honorable Glenn T. Harrell, Jr.

The Honorable Lynne A. Battaglia

The Honorable Clayton Greene, Jr.,

Judges

The Court of Appeals of Maryland

Robert C. Murphy Courts of Appeal Building

Annapolis, Maryland 21401

Your Honors:

The Rules Committee submits this, its One Hundred FiftySeventh Report, and recommends that the Court adopt the proposed

Rules changes transmitted with this Report. The proposed changes

fall into eight categories. Following is a brief description of

the principal proposals in each category.

In Category One are proposed amendments to fourteen Rules in

Titles 2 and 3. A Committee note that refers to the definition

of “process” set forth in Rule 1-202 is proposed to be added to

Rules 2-126 and 3-126 to reduce the number of requests for orders

of default that are being made without a return of service of

process having been made. With respect to filing papers in an

action in the name of “John Doe,” a cross-reference to Doe v.

Shady Grove Hospital, 89 Md. App. 351 (1991) is proposed to be

added to Rules 2-201 and 3-201. Proposed amendments to Rule 2-3-

341 provide that an amendment to a pleading without leave of

court must be filed no later than the date set forth in the

scheduling order entered pursuant to Rule 2-504 or, in actions in

which there is no scheduling order, no later than 30 days before

a scheduled trial date.

Proposed amendments to Rule 2-504 modify the required

contents of a scheduling order by requiring that the order

contain a date by which any additional parties must be joined and

a date by which amendments to pleadings are allowed as of right.

The amendments also require that the deadline for filing a

dispositive motion be a date that is no earlier than 15 days

after the date by which all discovery must be completed, that the

scheduling order controls the subsequent course of the action,

and that the court shall modify the scheduling order to prevent

injustice. Lastly, in conjunction with the proposed Rules

changes set forth in Category Five of this Report, the

appointment of counsel for a child in an action involving child

custody or child access is proposed to be added to the permitted

contents of a scheduling order that are set forth in subsection

(b)(2) of the Rule.

Proposed to be added to Rules 2-532, 2-533, 2-534, and 2-535

are “saving” provisions for prematurely filed post-judgment

motions, similar to the “saving” provision set forth in Rule 8602 (d). Also in Category One, in light of Chapter 534, Laws of

2006 (SB 726), are proposed amendments to Rules 2-641, 3-641, 2644, and 3-644 that add to each Rule a cross reference concerning

execution of a judgment against the property of a corporation,

joint stock company, association, limited liability company, or

limited liability limited partnership for the amount of fines or

costs awarded against it in a criminal proceeding.

Category Two comprises proposed changes to seven Rules in

Title 4 and a related amendment to Rule 16-819 (d). In light of

Chapter 586, Laws of 2006 (HB 833), cross references concerning

surety insurers who fail to resolve or satisfy bond forfeitures

are proposed to be added following subsections (d)(1) and (d)(2)

of Rule 4-217. A proposed amendment to Rule 4-261 allows a

deposition in an action in the District Court under the same

circumstances under which a deposition in an action in a circuit

court may be taken. Cross references following Rules 4-342 (g)

and 4-345 (e) concerning the commitment of a defendant who has a

drug or alcohol dependency to a treatment program in the

Department of Health and Mental Hygiene are proposed to be added

in light of Chapter 338, Laws of 2006 (HB 656). Proposed

amendments to Rule 4-343 clarify the capital sentencing form with

respect to mitigating circumstances and make stylistic changes to

the form. In light of Chapter 353, Laws of 2006 (HB 795), a

cross reference concerning procedures to be followed by the court

when a defendant may be incompetent to stand trial in a violation

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of probation proceeding is proposed to be added following Rule 4347 (e)(1). Proposed amendments to Rules 4-642 and 16-819 allow

an interpreter to be present during grand jury proceedings under

certain circumstances and add provisions concerning the

appointment, oath, and compensation of the interpreter.

Category Three includes a proposed amendment to Rule 7-112

that allows an appellant to dismiss an appeal at any time before

the commencement of trial, and a proposed amendment to Rule 8-423

that expressly provides for the reduction of the amount of a

supersedeas bond if the court makes specific findings justifying

the amount.

The proposals set forth in Category Four update the Rules in

Title 9, Chapter 100 to conform them to Chapter 464, Acts of 2005

(SB 710), which reorganized and revised the law pertaining to

adoptions and guardianships that terminate parental rights. New

Forms 9-102.1 through 9-102.10 for consents and attorney

affidavits are proposed to follow Title 9. Also included in

Category Four is a conforming amendment to Rule 1-101. For the

Court’s reference, as an appendix to this Report, is an unmarked

copy of Title 9, Chapter 100, showing the Rules as they would

appear if the recommended changes are adopted.

Based largely on provisions in the Maryland Standards of

Practice for Court-Appointed Lawyers Representing Children in

Custody Cases, approved and adopted by the Conference of Circuit

Judges, Category Five consists of proposed new Rule 9-205.1

(Appointment of Child’s Counsel), proposed new Appendix: Maryland

Guidelines for Practice for Court-Appointed Lawyers Representing

Children in Cases Involving Child Custody or Child Access, and

proposed amendments to Appendix: Maryland Lawyers’ Rules of

Professional Conduct. The proposals contain procedures for the

appointment of child’s counsel in custody and child access

litigation and clarify the roles of child’s best interest

attorney, child’s advocate attorney, and child’s privilege

attorney. In conjunction with the Guidelines, the Maryland

Lawyers’ Rules of Professional Conduct are proposed to be amended

by conforming language in the Preamble and Scope to the

terminology used in the Introduction and Scope of the Guidelines

and by adding commentary concerning conflicts of interest and a

reference to the Guidelines in the Comments to Rules 1.7 and

1.14, respectively.

In Category Six are proposals relating to the Commission on

Judicial Disabilities – proposed new Rule 16-804.1 and amendments

to Rules 16-803, 16-804, 16-805, 16-806, and 16-808. The

creation of a Judicial Inquiry Board and procedures governing its

operation are intended to decrease the Commission’s involvement

in the investigatory process as well as to facilitate early

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resolution of complaints under the standards of Rule 16-807.

Additionally, the proposed changes include an amendment to Rule

16-804 (e) that allows the Commission to transact business, other

than a hearing on charges held pursuant to Rule 16-808 (i), by

telephone or video conferencing.

Category Seven contains proposed amendments to other Rules

in Title 16, together with related amendments to Rule 9-203 and

the Maryland Code of Conduct for Court Interpreters. Proposed

amendments to Rule 16-109 clarify the Rule, update the

technological aspects of it, and add a new section that

delineates the roles of the presiding judge and the

administrative judge in making decisions concerning extended

coverage. Proposed amendments to Rules 16-811 and 16-903 replace

“rescission” terminology with the concept of restoration of the

lawyer to good standing upon compliance with the requirements of

the applicable Rule. Additionally, the amendments to Rule 16-811

eliminate “decertification” terminology from the Rule and replace

it with a “temporary suspension” of the noncompliant lawyer who,

upon being served with a copy of the temporary suspension order,

must comply with the requirements of Rule 16-760 (c). Amendments

to Rule 16-819 (e) and Canon 11 of the Maryland Code of Conduct

for Court Interpreters are proposed to facilitate the prompt

removal of an interpreter from a proceeding when a problem with

the interpreter arises in the middle of a hearing or trial and to

modify provisions pertaining to removal of an interpreter from

the list of court interpreters maintained by the Administrative

Office of the Courts. Proposed amendments to Rules 16-1002, 9203, and 16-1006 clarify when a court record that otherwise is

not subject to public inspection, including a financial statement

filed pursuant to Rule 9-202, becomes open to inspection upon its

use as an exhibit.

In Category Eight there are nine miscellaneous proposed

changes. Rule 1-104 is proposed to be amended by the addition of

a Committee note concerning a request that an unreported opinion

be designated for reporting. Rule 16-805.1 is proposed to be

amended by the addition of a cross reference to Rule 1-104. Rule

14-206 is proposed to be amended to set at $25,000 the initially

required bond in a sale of property to foreclose a lien when the

property is sold to the lienholder or the lienholder’s designee;

if the property is sold to someone else, the initially required

bond amount would be the sale price as set forth in the report of

sale. A proposed amendment would also allow the lienholder to

designate in a writing filed in the proceeding a person to take

title on the lienholder’s behalf, without the necessity of a

motion to substitute purchaser. Maryland Lawyers’ Rules of

Professional Conduct, Comment 5 of Rule 2.1 is proposed to be

amended to encourage informed discourse between a lawyer and

client whenever, in the opinion of the lawyer, alternative

dispute resolution may be an appropriate option in lieu of

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litigation. The proposed amendments to Rules 1-202, 2-645, 2652, 4-214, and 5-615 are “housekeeping” only.

For the guidance of the Court and the public, following each

proposed rules change is a Reporter’s Note describing the reasons

for the proposal and any changes that would be effected in

current law or practice. We caution that these Reporter’s Notes

were prepared initially for the benefit of the Rules Committee;

they are not part of the Rules and have not been debated or

approved by the Committee; and they are not to be regarded as any

kind of official comment or interpretation. They are included

solely to assist the Court in understanding some of the reasons

for the proposed changes.

Respectfully submitted,

Joseph F. Murphy, Jr.

Chairperson

Linda M. Schuett

Vice Chairperson

JFM/LMS:cdc

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MARYLAND RULES OF PROCEDURE

TITLE 2 - CIVIL PROCEDURE - CIRCUIT COURT

CHAPTER 100 - COMMENCEMENT OF ACTION AND PROCESS

AMEND Rule 2-126 to add a Committee note following section

(e) and to make a certain stylistic change, as follows:

Rule 2-126.

PROCESS - RETURN

. . .

(e)

Return to Include Process

A return shall include a copy of the process if served and

or the original process if not served.

Committee note: Rule 1-202 defines “process” as “any written

order issued by a court to secure compliance with its commands or

to require action by any person and includes a summons, subpoena,

an order of publication, a commission or other writ.”

. . .

REPORTER’S NOTE

Proposed amendments to Rules 2-126 and 3-126 add a Committee

note that contains the definition of “process” set forth in Rule

1-202. The Rule change is proposed in response to correspondence

from Hon. Dana M. Levitz, who has noticed that requests for

orders of default are being made without a return of service of

process having been made.

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MARYLAND RULES OF PROCEDURE

TITLE 3 - CIVIL PROCEDURE--DISTRICT COURT

CHAPTER 100 - COMMENCEMENT OF ACTION AND PROCESS

AMEND Rule 3-126 to add a Committee note following section

(e) and to make a certain stylistic change, as follows:

Rule 3-126.

PROCESS - RETURN

. . .

(e)

Return to Include Process

A return shall include a copy of the process if served and

or the original process if not served.

Committee note: Rule 1-202 defines “process” as “any written

order issued by a court to secure compliance with its commands or

to require action by any person and includes a summons, subpoena,

an order of publication, a commission or other writ.”

. . .

REPORTER’S NOTE

See the Reporter’s note to the proposed amendment to Rule

2-126.

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MARYLAND RULES OF PROCEDURE

TITLE 2 - CIVIL PROCEDURE – CIRCUIT COURT

CHAPTER 200 - PARTIES

AMEND Rule 2-201 to add a cross reference at the end of the

Rule, as follows:

Rule 2-201.

REAL PARTY IN INTEREST

Every action shall be prosecuted in the name of the real

party in interest, except that an executor, administrator,

personal representative, guardian, bailee, trustee of an express

trust, person with whom or in whose name a contract has been made

for the benefit of another, receiver, trustee of a bankrupt,

assignee for the benefit of creditors, or a person authorized by

statute or rule may bring an action without joining the persons

for whom the action is brought.

When a statute so provides, an

action for the use or benefit of another shall be brought in the

name of the State of Maryland.

No action shall be dismissed on

the ground that it is not prosecuted in the name of the real

party in interest until a reasonable time has been allowed after

objection for joinder or substitution of the real party in

interest.

The joinder or substitution shall have the same effect

as if the action had been commenced in the name of the real party

in interest.

Cross reference: As to filing papers in an action in the name of

“John Doe,” see Doe v. Shady Grove Hospital, 89 Md. App. 351

(1991).

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Source: This Rule is derived from former Rule 203 a, b, and c

and the 1966 version of Fed. R. Civ. P. 17 (a).

REPORTER’S NOTE

A judge of the Court of Appeals requested that the Rules

Committee study whether the Rules should be amended by the

addition of a general “John Doe” rule concerning the right of a

party to proceed anonymously. The “John Doe” issue was discussed

in Doe v. Shady Grove Hospital, 89 Md. App. 351 (1991). In that

case, the Court of Special Appeals held that papers filed in an

action may be filed in the name of “John Doe” if protecting the

confidentiality of a party’s identity serves a compelling

government interest or provides a necessary right to privacy.

After its review of Doe and procedures in other jurisdictions,

and given the infrequency of this type of filing, the Committee

recommends that Rules 2-201 and 3-201 be amended by the addition

of a cross reference to the Doe case at the end of each Rule.

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MARYLAND RULES OF PROCEDURE

TITLE 3 - CIVIL PROCEDURE - DISTRICT COURT

CHAPTER 200 - PARTIES

AMEND Rule 3-201 to add a cross reference at the end of the

Rule, as follows:

Rule 3-201.

REAL PARTY IN INTEREST

Every action shall be prosecuted in the name of the real

party in interest, except that an executor, administrator,

personal representative, guardian, bailee, trustee of an express

trust, person with whom or in whose name a contract has been made

for the benefit of another, receiver, trustee of a bankrupt,

assignee for the benefit of creditors, or a person authorized by

statute or rule may bring an action without joining the persons

for whom the action is brought.

When a statute so provides, an

action for the use or benefit of another shall be brought in the

name of the State of Maryland.

No action shall be dismissed on

the ground that it is not prosecuted in the name of the real

party in interest until a reasonable time has been allowed after

objection for joinder or substitution of the real party in

interest.

The joinder or substitution shall have the same effect

as if the action had been commenced in the name of the real party

in interest.

Cross reference: As to filing papers in an action in the name of

“John Doe,” see Doe v. Shady Grove Hospital, 89 Md. App. 351

(1991).

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Source: This Rule is derived from former M.D.R. 203 and the 1966

version of the Fed. R. Civ. P. 17 (a).

REPORTER’S NOTE

See the Reporter’s note to the proposed amendment to Rule

2-201.

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MARYLAND RULES OF PROCEDURE

TITLE 2 - CIVIL PROCEDURE - CIRCUIT COURT

CHAPTER 300 - PLEADINGS AND MOTIONS

AMEND Rule 2-341 to provide that if there is a scheduling

order that sets a date for filing an amendment to a pleading

without leave of court, the date is that set forth in the

scheduling order; to allow an amendment to a pleading without

leave of court no later than 30 days before a scheduled trial

date in an action in which there is no scheduling order; and to

add a case reference to the Committee note that follows section

(b), as follows:

Rule 2-341.

(a)

AMENDMENT OF PLEADINGS

Prior to 15 Days of Trial Date Without Leave of Court

A party may file an amendment to a pleading at any time

prior to without leave of court by the date set forth in a

scheduling order or, if there is no scheduling order, 60 no later

than 30 days of before a scheduled trial date.

Within 15 days

after service of an amendment, any other party to the action may

file

a motion to strike setting forth reasons why the court

should not allow the amendment.

If an amendment introduces new

facts or varies the case in a material respect, an adverse party

who wishes to contest new facts or allegations shall file a new

or additional answer to the amendment within the time remaining

to answer the original pleading or within 15 days after service

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of the amendment, whichever is later.

If no new or additional

answer is filed within the time allowed, the answer previously

filed shall be treated as the answer to the amendment.

(b)

Within 15 days of Trial Date and Thereafter With Leave of

Court

Within 15 days of a scheduled trial date or after trial

has commenced, a A party may file an amendment to a pleading

after the dates set forth in section (a) of this Rule only by

written consent of the adverse party or by with leave of court.

If the amendment introduces new facts or varies the case in a

material respect, the new facts or allegations shall be treated

as having been denied by the adverse party.

The court shall not

grant a continuance or mistrial unless the ends of justice so

require.

Committee note: By leave of court, the The court may grant leave

to amend the amount sought in a demand for a money judgment after

a jury verdict is returned. See Falcinelli v. Cardascia, 339 Md.

414 (1995).

. . .

Source: This Rule is derived as follows:

Section (a) is derived in part from former Rule 320 and is in

part new.

Section (b) is new and is derived in part from former Rule 320

e.

Section (c) is derived from sections a 2, 3, 4, b 1 and d 5 of

former Rule 320 and former Rule 379.

Section (d) is new.

Section (e) is derived from the 2001 version of L.R. 103 (6)(c)

of the Rules of the United States District Court for the District

of Maryland.

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REPORTER’S NOTE

The Honorable Thomas P. Smith, of the Circuit Court for

Prince George’s County, observed that often there is an

inconsistency between Rule 2-341 and the scheduling orders issued

pursuant to Rule 2-504. The scheduling orders provide that any

amendments to pleadings must be filed by a date certain, but Rule

2-341 allows amendments to pleadings to be filed at any time.

Sections (a) and (b) of Rule 2-341 are proposed to be restructured as to amendments without leave of court (section (a))

and amendments with leave of court (section (b)). Amendments

without leave of court must be filed by the date set forth in the

scheduling order or, if there is none, no later than 30 days

before a scheduled trial date. Amendments filed after those

dates require leave of court.

The Committee believes that 60 days before trial, the time

the current Rule allows for amendments without leave of court in

an action in which there is no scheduling order, is unnecessarily

long. An action without a scheduling order generally is less

complex than an action with a scheduling order, and the Committee

recommends that the 60-day provision currently in section (a) be

reduced to 30 days before a scheduled trial date.

Additionally, the Committee recommends that a reference to

Falcinelli v. Cardascia, 339 Md. 414 (1995) be added to the

Committee note that follows section (b).

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MARYLAND RULES OF PROCEDURE

TITLE 2 - CIVIL PROCEDURE - CIRCUIT COURT

CHAPTER 500 - TRIAL

AMEND Rule 2-504 to require that the date by which all

dispositive motions must be filed be no earlier than 15 days

after the date by which all discovery must be completed, to

transfer the contents of subsection (b)(2)(C) to subsection

(b)(1), to add to subsection (b)(1) a date by which amendments to

pleadings are allowed as of right, to add to the permitted

contents of a scheduling order an order appointing child counsel

under certain circumstances, to provide that the scheduling order

controls the subsequent course of the action, and to require a

modification of a scheduling order to prevent injustice, as

follows:

Rule 2-504.

(a)

SCHEDULING ORDER

Order Required

(1) Unless otherwise ordered by the County Administrative

Judge for one or more specified categories of actions, the court

shall enter a scheduling order in every civil action, whether or

not the court orders a scheduling conference pursuant to Rule

2-504.1.

(2) The County Administrative Judge shall prescribe the

general format of scheduling orders to be entered pursuant to

this Rule.

A copy of the prescribed format shall be furnished to

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the Chief Judge of the Court of Appeals.

(3) Unless the court orders a scheduling conference pursuant

to Rule 2-504.1, the scheduling order shall be entered as soon as

practicable, but no later than 30 days after an answer is filed

by any defendant.

If the court orders a scheduling conference,

the scheduling order shall be entered promptly after conclusion

of the conference.

(b)

Contents of Scheduling Order

(1) Required

A scheduling order shall contain:

(A) an assignment of the action to an appropriate

scheduling category of a differentiated case management system

established pursuant to Rule 16-202;

(B) one or more dates by which each party shall identify

each person whom the party expects to call as an expert witness

at trial, including all information specified in Rule 2-402 (f)

(1);

(C) one or more dates by which each party shall file the

notice required by Rule 2-504.3 (b) concerning computer-generated

evidence;

(D)

a date by which all discovery must be completed;

(E)

a date by which all dispositive motions must be filed,

which shall be no earlier than 15 days after the date by which

all discovery must be completed;

(F) a date by which any additional parties must be joined;

(G) a date by which amendments to the pleadings are allowed

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as of right; and

(F) (H) any other matter resolved at a scheduling

conference held pursuant to Rule 2-504.1.

(2) Permitted

A scheduling order may also contain:

(A) any limitations on discovery otherwise permitted under

these rules, including reasonable limitations on the number of

interrogatories, depositions, and other forms of discovery;

(B) the resolution of any disputes existing between the

parties relating to discovery;

(C) a date by which any additional parties must be joined;

(D) (C) a specific referral to or direction to pursue an

available and appropriate form of alternative dispute resolution,

including a requirement that individuals with authority to settle

be present or readily available for consultation during the

alternative dispute resolution proceeding, provided that the

referral or direction conforms to the limitations of Rule 2-504.1

(e);

(E) (D) an order designating or providing for the

designation of a neutral expert to be called as the court's

witness;

(E) in an action involving child custody or child access,

an order appointing child’s counsel in accordance with Rule 9205.1;

(F) a further scheduling conference or pretrial conference

date; and

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(G) any other matter pertinent to the management of the

action.

(c)

Modification of Order

The scheduling order controls the subsequent course of the

action but shall be modified by the court to prevent injustice.

Cross reference: See Rule 5-706 for authority of the court to

appoint expert witnesses.

Source:

This Rule is new.

REPORTER’S NOTE

The Rules Committee has been advised that at least one

jurisdiction incorporates in its scheduling order a requirement

that all dispositive motions must be filed prior to the date by

which all discovery must be completed. Because the grounds for a

dispositive motion may not be apparent until after discovery has

been completed, the Committee recommends that Rule 2-504

(b)(1)(E) be modified by the addition of the phase, “which shall

be no earlier than 15 days after the date by which all discovery

must be completed.”

In conjunction with proposed amendments to Rule 2-341, the

Committee recommends certain other amendments to Rule 2-504.

Current subsection (b)(2)(C) is proposed to be transferred to

subsection (b)(1), becoming new subsection (b)(1)(F), so that

inclusion of a date by which additional parties must be joined is

a required, rather than a permitted, component of each scheduling

order. A new subsection (b)(1)(G) is proposed to be added,

requiring in each scheduling order a date by which amendments to

pleadings are allowed as of right. Proposed new section (c)

provides that the scheduling order controls the subsequent course

of the action and that the court shall modify a scheduling order

to prevent injustice.

In conjunction with proposed new Appendix to the Maryland

Rules: Maryland Guidelines for Practice for Court-Appointed

Lawyers Representing Children in Cases Involving Child Custody or

Child Access and proposed new Rule 9-205.1 (Appointment of

Child’s Counsel), proposed new subsection (b)(2)(E) adds to the

permitted contents of a scheduling order an order appointing

child’s counsel in accordance with Rule 9-205.1.

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MARYLAND RULES OF PROCEDURE

TITLE 2 - CIVIL PROCEDURE — CIRCUIT COURT

CHAPTER 500 - TRIAL

AMEND Rule 2-532 to allow certain prematurely filed motions,

as follows:

Rule 2-532.

MOTION FOR JUDGMENT NOTWITHSTANDING THE VERDICT

. . .

(b)

Time for Filing

The motion shall be filed within ten days after entry of

judgment on the verdict or, if no verdict is returned, within ten

days after the discharge of the jury.

If the court reserves

ruling on a motion for judgment made at the close of all the

evidence, that motion becomes a motion for judgment

notwithstanding the verdict if the verdict is against the moving

party or if no verdict is returned.

A motion for judgment

notwithstanding the verdict filed after the announcement or

signing by the trial court of a judgment or the return of a

verdict but before entry of the judgment on the docket shall be

treated as filed on the same day as, but after, the entry on the

docket.

Cross reference: See Rule 8-205 requiring notice to the Clerk of

the Court of Special Appeals of information not disclosed in an

information report regarding the filing of a motion under this

Rule, or its withdrawal or disposition.

. . .

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REPORTER’S NOTE

Footnote 18 in Tierco v. Williams, 381 Md. 378, 400 (2004)

suggests that a “saving” provision for prematurely filed postjudgment motions may not be necessary, because the courts have

treated the timeliness of post-judgment motions differently than

the timeliness of appeals. However, in the (unreported) case of

Black v. Black in the Court of Special Appeals of Maryland,

No.30, September Term 2004, filed August 10, 2005, that Court

held that Rule 2-533 and Rule 2-534 motions filed after a

judgment was signed by the judge but two days before the judgment

was docketed did not stay the time for filing a notice of appeal,

and thus the notice of appeal filed 39 days after the judgment

was docketed was not timely filed. Amendments to Rules 2-532, 2533, 2-534, and 2-535 are proposed to provide greater uniformity

in the treatment of prematurely filed post-judgment motions by

adding to the four Rules “saving” provisions similar to the

“saving” provision set forth in Rule 8-602 (d).

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MARYLAND RULES OF PROCEDURE

TITLE 2 - CIVIL PROCEDURE — CIRCUIT COURT

CHAPTER 500 - TRIAL

AMEND Rule 2-533 to allow certain prematurely filed motions,

as follows:

Rule 2-533.

(a)

MOTION FOR NEW TRIAL

Time for Filing

Any party may file a motion for new trial within ten days

after entry of judgment.

A party whose verdict has been set

aside on a motion for judgment notwithstanding the verdict or a

party whose judgment has been amended on a motion to amend the

judgment may file a motion for new trial within ten days after

entry of the judgment notwithstanding the verdict or the amended

judgment.

A motion for new trial filed after the announcement or

signing by the trial court of a judgment or the return of a

verdict but before entry of the judgment on the docket shall be

treated as filed on the same day as, but after, the entry on the

docket.

Cross reference: See Rule 8-205 requiring notice to the Clerk of

the Court of Special Appeals of information not disclosed in an

information report regarding the filing of a motion under this

Rule, or its withdrawal or disposition.

. . .

REPORTER’S NOTE

See the Reporter’s Note to the proposed amendment to Rule

2-532.

-23-

MARYLAND RULES OF PROCEDURE

TITLE 2 - CIVIL PROCEDURE — CIRCUIT COURT

CHAPTER 500 - TRIAL

AMEND Rule 2-534 to allow certain prematurely filed motions,

as follows:

Rule 2-534.

MOTION TO ALTER OR AMEND A JUDGMENT -- COURT

DECISION

In an action decided by the court, on motion of any party

filed within ten days after entry of judgment, the court may open

the judgment to receive additional evidence, may amend its

findings or its statement of reasons for the decision, may set

forth additional findings or reasons, may enter new findings or

new reasons, may amend the judgment, or may enter a new judgment.

A motion to alter or amend a judgment may be joined with a motion

for new trial.

A motion to alter or amend a judgment filed after

the announcement or signing by the trial court of a judgment but

before entry of the judgment on the docket shall be treated as

filed on the same day as, but after, the entry on the docket.

Cross reference: See Rule 8-205 requiring notice to the Clerk of

the Court of Special Appeals of information not disclosed in an

information report regarding the filing of a motion under this

Rule, or its withdrawal or disposition.

Source: This Rule is derived from the 1963 version of Fed. R.

Civ. P. 52 (b) and the 1966 version of Fed. R. Civ. P. 59 (a).

REPORTER’S NOTE

See the Reporter’s Note to the proposed amendment to Rule

2-532.

-24-

MARYLAND RULES OF PROCEDURE

TITLE 2 - CIVIL PROCEDURE — CIRCUIT COURT

CHAPTER 500 - TRIAL

AMEND Rule 2-535 to allow certain prematurely filed motions,

as follows:

Rule 2-535.

(a)

REVISORY POWER

Generally

On motion of any party filed within 30 days after entry of

judgment, the court may exercise revisory power and control over

the judgment and, if the action was tried before the court, may

take any action that it could have taken under Rule 2-534.

A

motion filed after the announcement or signing by the trial court

of a judgment or the return of a verdict but before entry of the

judgment on the docket shall be treated as filed on the same day

as, but after, the entry on the docket.

. . .

REPORTER’S NOTE

See the Reporter’s Note to the proposed amendment to Rule

2-532.

-25-

MARYLAND RULES OF PROCEDURE

TITLE 2 - CIVIL PROCEDURE – CIRCUIT COURT

CHAPTER 600 - JUDGMENT

AMEND Rule 2-641 to add a cross reference at the end of the

Rule, as follows:

Rule 2-641.

WRIT OF EXECUTION - ISSUANCE AND CONTENT

. . .

(c)

Transmittal to Sheriff; Bond

Upon issuing a writ of execution or receiving one from the

clerk of another county, the clerk shall deliver

instructions to the sheriff.

the writ and

The sheriff shall endorse on the

writ the exact hour and date of its receipt and shall maintain a

record of actions taken pursuant to it.

If the instructions

direct the sheriff to remove the property from the premises where

found or to exclude others from access to or use of the property,

the sheriff may require the judgment creditor to file with the

sheriff a bond with security approved by the sheriff for the

payment of any expenses that may be incurred by the sheriff in

complying with the writ.

Cross reference: For execution of a judgment against the

property of a corporation, joint stock company, association,

limited liability company, limited liability partnership, or

limited liability limited partnership for the amount of fines or

costs awarded against it in a criminal proceeding, see Code,

Criminal Procedure Article, §4-203.

. . .

-26-

REPORTER’S NOTE

Chapter 534, Laws of 2006 (SB 736) amends the law permitting

the execution on a judgment against a corporation, defined to

include a joint stock company and an association, for fines and

costs. The amendment applies the law also to a limited liability

company, which is defined in the amendment to include a limited

liability partnership and a limited liability limited

partnership. The Rules Committee recommends that a cross

reference to the statute be added at the end of Rules 2-641, 2644, 3-641, and 3-644 to put all of these entities on notice that

their property may be executed upon civilly after a criminal

judgment is issued against them.

-27-

MARYLAND RULES OF PROCEDURE

TITLE 3 - CIVIL PROCEDURE – DISTRICT COURT

CHAPTER 600 - JUDGMENT

AMEND Rule 3-641 to add a cross reference at the end of the

Rule, as follows:

Rule 3-641.

WRIT OF EXECUTION - ISSUANCE AND CONTENT

. . .

(c)

Transmittal to Sheriff; Bond

Upon issuing a writ of execution or receiving one from the

clerk of another county, the clerk shall deliver the writ and

instructions to the sheriff.

The sheriff shall endorse on the

writ the exact hour and date of its receipt and shall maintain a

record of actions taken pursuant to it.

If the instructions

direct the sheriff to remove the property from the premises where

found or to exclude others from access to or use of the property,

the sheriff may require the judgment creditor to file with the

sheriff a bond with security approved by the sheriff for the

payment of any expenses that may be incurred by the sheriff in

complying with the writ.

Cross reference: For execution of a judgment against the

property of a corporation, joint stock company, association,

limited liability company, limited liability partnership, or

limited liability limited partnership for the amount of fines or

costs awarded against it in a criminal proceeding, see Code,

Criminal Procedure Article, §4-203.

. . .

-28-

REPORTER’S NOTE

See the Reporter’s note to the proposed amendment to Rule

2-641.

-29-

MARYLAND RULES OF PROCEDURE

TITLE 2 - CIVIL PROCEDURE – CIRCUIT COURT

CHAPTER 600 - JUDGMENT

AMEND Rule 2-644 to add a cross reference at the end of the

Rule, as follows:

Rule 2-644.

SALE OF PROPERTY UNDER LEVY

. . .

(g)

Report to the Court

The sheriff shall file a report stating the property sold,

the purchasers, the amount of the proceeds, and the distribution

of the proceeds.

Cross reference: For sale of the property of a corporation,

joint stock company, association, limited liability company,

limited liability partnership, or limited liability limited

partnership on an execution of a judgment against it for the

amount of fines or costs awarded against it in a criminal

proceeding, see Code, Criminal Procedure Article, §4-203.

. . .

REPORTER’S NOTE

See the Reporter’s note to the proposed amendment to Rule

2-641.

-30-

MARYLAND RULES OF PROCEDURE

TITLE 3 - CIVIL PROCEDURE – DISTRICT COURT

CHAPTER 600 - JUDGMENT

AMEND Rule 3-644 to add a cross reference at the end of the

Rule, as follows:

Rule 3-644.

SALE OF PROPERTY UNDER LEVY

. . .

(g)

Report to the Court

The sheriff shall file a report stating the property sold,

the purchasers, the amount of the proceeds, and the distribution

of the proceeds.

Cross reference: For sale of the property of a corporation,

joint stock company, association, limited liability company,

limited liability partnership, or limited liability limited

partnership on an execution of a judgment against it for the

amount of fines or costs awarded against it in a criminal

proceeding, see Code, Criminal Procedure Article, §4-203.

Source:

This Rule is new.

REPORTER’S NOTE

See the Reporter’s note to the proposed amendment to Rule

2-641.

-31-

MARYLAND RULES OF PROCEDURE

TITLE 4 - CRIMINAL CAUSES

CHAPTER 200 - PRETRIAL PROCEDURES

AMEND Rule 4-217 to add a cross reference after subsections

(d)(1) and (d)(2), as follows:

Rule 4-217.

BAIL BONDS

. . .

(d)

(1)

Qualification of Surety

In General

The Chief Clerk of the District Court shall maintain a

list containing: (A) the names of all surety insurers who are in

default, and have been for a period of 60 days or more, in the

payment of any bail bond forfeited in any court in the State, (B)

the names of all bail bondsmen authorized to write bail bonds in

this State, and (C) the limit for any one bond specified in the

bail bondsman's general power of attorney on file with the Chief

Clerk of the District Court.

Cross reference: For penalties imposed on surety insurers in

default, see Code, Insurance Article, §21-103 (a).

(2)

Surety Insurer

No bail bond shall be accepted if the surety on the bond

is on the current list maintained by the Chief Clerk of the

District Court of those in default.

No bail bond executed by a

surety insurer directly may be accepted unless accompanied by an

affidavit reciting that the surety insurer is authorized by the

-32-

Insurance Commissioner of Maryland to write bail bonds in this

State.

Cross reference: For the obligation of the District Court Clerk

to notify the Insurance Commissioner concerning a surety insurer

who fails to resolve or satisfy bond forfeitures, see Code,

Insurance Article, §21-103 (b).

(3)

Bail Bondsman

No bail bond executed by a bail bondsman may be accepted

unless the bondsman's name appears on the most recent list

maintained by the Chief Clerk of the District Court, the bail

bond is within the limit specified in the bondsman's general

power of attorney as shown on the list or in a special power of

attorney filed with the bond, and the bail bond is accompanied by

an affidavit reciting that the bail bondsman:

(A) is duly licensed in the jurisdiction in which the

charges are pending, if that jurisdiction licenses bail

bondsmen;

(B) is authorized to engage the surety insurer as surety on

the bail bond pursuant to a valid general or special power of

attorney; and

(C) holds a valid license as an insurance broker or agent

in this State, and that the surety insurer is authorized by the

Insurance Commissioner of Maryland to write bail bonds in this

State.

Cross reference: Code, Criminal Procedure Article, §5-203 and

Rule 16-817 (Appointment of Bail Bond Commissioner - Licensing

and Regulation of Bail Bondsmen).

. . .

-33-

REPORTER’S NOTE

Chapter 586, Laws of 2006 (HB 833) provides that a surety

insurer that is removed by the District Court from the list of

eligible surety insurers because of failure to timely resolve or

satisfy one or more bail bond forfeitures is subject to certain

penalties. It also requires the District Court clerk to notify

the Insurance Commissioner in writing of the name of any surety

insurer who fails to resolve or satisfy all bond forfeitures in

default by the District Court deadline. The Rules Committee

recommends that a cross reference to the new statute be added

after subsections (d)(1) and (d)(2).

-34-

MARYLAND RULES OF PROCEDURE

TITLE 4 - CRIMINAL CAUSES

CHAPTER 200 - PRETRIAL PROCEDURES

AMEND Rule 4-261 to allow a deposition in an action in the

District Court under the same circumstances under which a

deposition in a circuit court may be taken, as follows:

Rule 4-261.

(a)

DEPOSITIONS

Availability in District Court

In District Court a deposition may be taken only with the

consent of the State and the defendant and upon order of court.

(b)

Availability in Circuit Court

In a circuit court the The parties may agree, without an

order of court, to take a deposition of a witness, subject to the

right of the witness to move for a protective order under section

(g) (f) of this Rule.

Without agreement, the court, on motion of

a party, may order that the testimony of a witness be taken by

deposition if the court is satisfied that the witness may be

unable to attend a trial or hearing, that the testimony may be

material, and that the taking of the deposition is necessary to

prevent a failure of justice.

(c) (b) Contents of Order for Deposition

An order for a deposition shall state the name and address

of each witness to be examined and the time, date, and place of

examination.

It shall also designate any documents, recordings,

-35-

photographs, or other tangible things, not privileged, that are

to be produced at the time of the deposition.

An order for a

deposition shall include such other matters as the court may

order, including any applicable provision of section (g) (f) of

this Rule.

(d) (c) Subpoena

Upon entry by the court of an order for a deposition or

upon request pursuant to stipulation entered into under section

(b) (a) of this Rule, the clerk of the court shall issue a

subpoena commanding the witness to appear at the time, date, and

place designated and to produce at the deposition any documents,

recordings, photographs, or other tangible things designated in

the order of court or in the stipulation.

(e) (d) How Taken

. . .

(f) (e) Presence of the Defendant

. . .

(g) (f) Protective Order

. . .

(h) (g) Use

. . .

(i) (h) Joint Defendants

. . .

Source: This Rule is derived as follows:

Section (a) is new.

Section (b) (a) is derived from former Rule 740 a and j.

Section (c) (b) is derived from former Rule 740 c.

-36-

Section (d) (c) is derived from former Rule 740 d.

Section (e) (d) is derived from former Rule 740 e.

Section (f) (e) is derived from former Rule 740 f.

Section (g) (f) is derived from former Rule 740 g.

Section (h) (g) is derived from former Rule 740 h.

Section (i) (h) is derived from former Rule 740 i.

REPORTER’S NOTE

The proposed amendments to Rule 4-261 allow a deposition in

the District Court under the same circumstances under which a

deposition is allowed in a circuit court, i.e., either by

agreement of the parties or by order of court if the court is

satisfied that a witness whose testimony may be material may be

unable to attend a trial or hearing and that the taking of a

deposition is necessary to prevent a failure of justice.

Depositions in circuit court criminal actions are rare, and the

Rules Committee believes that they will occur with even less

frequency in the District Court. However, in circumstances such

as the impending military deployment overseas of a key witness,

the ability to preserve the witness’s testimony for trial should

not depend upon the agreement of the opposing party.

-37-

MARYLAND RULES OF PROCEDURE

TITLE 4 - CRIMINAL CAUSES

CHAPTER 300 - TRIAL AND SENTENCING

AMEND Rule 4-342 to add a cross reference after section (g),

as follows:

Rule 4-342.

SENTENCING - PROCEDURE IN NON-CAPITAL CASES

. . .

(g)

Reasons

The court ordinarily shall state on the record its reasons

for the sentence imposed.

Cross reference: For factors related to drug and alcohol abuse

treatment to be considered by the court in determining an

appropriate sentence, see Code, Criminal Procedure Article,

§6-231. For procedures to commit a defendant who has a drug or

alcohol dependency to a treatment program in the Department of

Health and Mental Hygiene as a condition of release after

conviction, see Code, Health General Article, §8-507.

. . .

REPORTER’S NOTE

Prior law did not allow a court to commit a defendant with a

drug or alcohol dependency to a treatment program in the

Department of Health and Mental Hygiene if a sentence of

incarceration was in effect or a detainer was lodged. Chapter

338, Laws of 2006 (HB 656) modified Code, Health General Article,

§8-507 to allow commitment as a condition of release after

conviction or at any time the defendant voluntarily agrees to

participate in treatment; however, the court may not order that

the defendant be delivered for treatment until any detainer based

on an untried indictment, information, warrant, or complaint for

the defendant has been removed and any sentence of incarceration

for the defendant is no longer in effect. The Rules Committee

recommends that a cross reference to the modified statute be

added to Rule 4-342. Because the law allows the commitment even

if the defendant did not timely file a motion for modification

-38-

under Rule 4-345, or the defendant timely filed the motion but

the motion was denied, the Committee recommends the addition of a

Committee note to Rule 4-345 explaining this variation from the

procedures in that Rule.

-39-

MARYLAND RULES OF PROCEDURE

TITLE 4 - CRIMINAL CAUSES

CHAPTER 300 - TRIAL AND SENTENCING

AMEND Rule 4-345 to add a Committee note after subsection

(e)(2), as follows:

Rule 4-345.

SENTENCING -- REVISORY POWER OF COURT

. . .

(e)

(1)

Modification Upon Motion

Generally

Upon a motion filed within 90 days after imposition of a

sentence (A) in the District Court, if an appeal has not been

perfected or has been dismissed, and (B) in a circuit court,

whether or not an appeal has been filed, the court has revisory

power over the sentence except that it may not revise the

sentence after the expiration of five years from the date the

sentence originally was imposed on the defendant and it may not

increase the sentence.

Cross reference:

Rule 7-112 (b).

(2) Notice to Victims

The State's Attorney shall give notice to each victim and

victim's representative who has filed a Crime Victim Notification

Request form pursuant to Code, Criminal Procedure Article,

§11-104 or who has submitted a written request to the State's

Attorney to be notified of subsequent proceedings as provided

-40-

under Code, Criminal Procedure Article, §11-503 that states (A)

that a motion to modify or reduce a sentence has been filed; (B)

that the motion has been denied without a hearing or the date,

time, and location of the hearing; and (C) if a hearing is to be

held, that each victim or victim's representative may attend and

testify.

Committee note: The court may commit a defendant who is found to

have a drug or alcohol dependency to a treatment program in the

Department of Health and Mental Hygiene at any time if the

defendant voluntarily agrees to participate in the treatment,

even if the defendant did not timely file a motion for

modification, or if the defendant timely filed a motion for

modification that was denied. See Code, Health General Article,

§8-507.

. . .

REPORTER’S NOTE

See the Reporter’s note to Rule 4-342.

-41-

MARYLAND RULES OF PROCEDURE

TITLE 4 - CRIMINAL CAUSES

CHAPTER 300 - TRIAL AND SENTENCING

AMEND Rule 4-343 (h) to clarify the capital sentencing form

with respect to determinations as to mitigating circumstances and

to make stylistic changes, as follows:

Rule 4-343.

SENTENCING - PROCEDURE IN CAPITAL CASES

. . .

(h)

Form of Written Findings and Determinations

Except as otherwise provided in section (i) of this Rule,

the findings and determinations shall be made in writing in the

following form:

(CAPTION)

FINDINGS AND SENTENCING DETERMINATION

VICTIM:

[Name of murder victim]

Section I

Based upon the evidence, we unanimously find that each of

the following statements marked "proven proved" has been proven

proved BEYOND A REASONABLE DOUBT and that each of those

statements marked "not proven proved" has not been proven proved

BEYOND A REASONABLE DOUBT.

1. The defendant was a principal in the first degree to the

murder.

-42-

______

proven

proved

______

not

proven

proved

2. The defendant engaged or employed another person to commit

the murder and the murder was committed under an agreement or

contract for remuneration or the promise of remuneration.

______

proven

proved

______

not

proven

proved

3. The victim was a law enforcement officer who, while in the

performance of the officer's duties, was murdered by one or more

persons, and the defendant was a principal in the second degree

who:

(A) willfully, deliberately, and with premeditation

intended the death of the law enforcement officer; (B) was a

major participant in the murder; and (C) was actually present at

the time and place of the murder.

______

proven

proved

______

not

proven

proved

(If one or more of the above are marked "proven proved," proceed

to Section II. If all are marked "not proven proved," proceed to

Section VI and enter "Imprisonment for Life.")

Section II

Based upon the evidence, we unanimously find that the

following statement, if marked "proven proved," has been proven

proved BY A PREPONDERANCE OF THE EVIDENCE or that, if marked "not

proven proved," it has not been proven proved BY A PREPONDERANCE

OF THE EVIDENCE.

-43-

At the time the murder was committed, the defendant was

mentally retarded.

______

proven

proved

______

not

proven

proved

(If the above statement is marked "proven proved," proceed to

Section VI and enter "Imprisonment for Life." If it is marked

"not proven proved," complete Section III.)

Section III

Based upon the evidence, we unanimously find that each of the

following aggravating circumstances that is marked "proven

proved" has been proven proved BEYOND A REASONABLE DOUBT and we

unanimously find that each of the aggravating circumstances

marked "not proven proved" has not been proven proved BEYOND A

REASONABLE DOUBT.

1. The victim was a law enforcement officer who, while in the

performance of the officer's duties, was murdered by one or more

persons.

______

proven

proved

______

not

proven

proved

2. The defendant committed the murder at a time when confined

in a correctional facility.

______

proven

proved

______

not

proven

proved

3. The defendant committed the murder in furtherance of an

escape from or an attempt to escape from or evade the lawful

-44-

custody, arrest, or detention of or by an officer or guard of a

correctional facility or by a law enforcement officer.

______

proven

proved

______

not

proven

proved

4. The victim was taken or attempted to be taken in the

course of a kidnapping or abduction or an attempt to kidnap or

abduct.

______

proven

proved

______

not

proven

proved

5. The victim was a child abducted in violation of Code,

Criminal Law Article, §3-503 (a)(1).

______

proven

proved

______

not

proven

proved

6. The defendant committed the murder under an agreement or

contract for remuneration or the promise of remuneration to

commit the murder.

______

proven

proved

______

not

proven

proved

7. The defendant engaged or employed another person to commit

the murder and the murder was committed under an agreement or

contract for remuneration or the promise of remuneration.

______

proven

proved

-45-

______

not

proven

proved

8. At the time of the murder, the defendant was under the

sentence of death or imprisonment for life.

______

proven

proved

______

not

proven

proved

9. The defendant committed more than one offense of murder in

the first degree arising out of the same incident.

______

proven

proved

______

not

proven

proved

10. The defendant committed the murder while committing or

attempting to commit a carjacking, armed carjacking, robbery,

under Code, Criminal Law Article, §3-402 or §3-403, arson in the

first degree, rape in the first degree, or sexual offense in the

first degree.

______

proven

proved

______

not

proven

proved

(If one or more of the above are marked "proven proved," complete

Section IV. If all of the above are marked "not proven proved,"

do not complete Sections IV and V and proceed to Section VI and

enter "Imprisonment for Life.")

Section IV

Based upon the evidence From our consideration of the facts

and circumstances of this case, we make the following

determinations as to mitigating circumstances:

1. The defendant has not previously (i) been found guilty of

a crime of violence; (ii) entered a plea of guilty or nolo

-46-

contendere to a charge of a crime of violence; or (iii) been

granted probation before judgment for a crime of violence.

(As used in the preceding paragraph, "crime of violence"

means abduction, arson in the first degree, carjacking, armed

carjacking, escape in the first degree, kidnapping, mayhem,

murder, robbery under Code, Criminal Law Article, §3-402 or

§3-403, rape in the first or second degree, sexual offense in the

first or second degree, manslaughter other than involuntary

manslaughter, an attempt to commit any of these offenses, or the

use of a handgun in the commission of a felony or another crime

of violence.)

(Mark only one.)

[ ] (a) We unanimously find by a preponderance of the evidence

that it is more likely than not that the above

circumstance exists.

[ ] (b) We unanimously find by a preponderance of the evidence

that it is more likely than not that the above

circumstance does not exist.

[ ] (c) After a reasonable period of deliberation, one or more

of us, but fewer than all 12, find by a preponderance

of the evidence that it is more likely than not that

the above circumstance exists.

2. The victim was a participant in the defendant's conduct or

consented to the act which caused the victim's death.

(Mark only one.)

-47-

[ ] (a) We unanimously find by a preponderance of the evidence

that it is more likely than not that the above

circumstance exists.

[ ] (b) We unanimously find by a preponderance of the evidence

that it is more likely than not that the above

circumstance does not exist.

[ ] (c) After a reasonable period of deliberation, one or more

of us, but fewer than all 12, find by a preponderance

of the evidence that it is more likely than not that

the above circumstance exists.

3. The defendant acted under substantial duress, domination,

or provocation of another person, even though not so substantial

as to constitute a complete defense to the prosecution.

(Mark only one.)

[ ] (a) We unanimously find by a preponderance of the evidence

that it is more likely than not that the above

circumstance exists.

[ ] (b) We unanimously find by a preponderance of the evidence

that it is more likely than not that the above

circumstance does not exist.

[ ] (c) After a reasonable period of deliberation, one or more

of us, but fewer than all 12, find by a preponderance

of the evidence that it is more likely than not that

the above circumstance exists.

4. The murder was committed while the capacity of the

defendant to appreciate the criminality of his or her conduct or

-48-

to conform his or her conduct to the requirements of law was

substantially impaired as a result of mental incapacity, mental

disorder, or emotional disturbance.

(Mark only one.)

[ ] (a) We unanimously find by a preponderance of the evidence

that it is more likely than not that the above

circumstance exists.

[ ] (b) We unanimously find by a preponderance of the evidence

that it is more likely than not that the above

circumstance does not exist.

[ ] (c) After a reasonable period of deliberation, one or more

of us, but fewer than all 12, find by a preponderance

of the evidence that it is more likely than not that

the above circumstance exists.

5. The defendant was of a youthful age at the time of the

murder.

(Mark only one.)

[ ] (a) We unanimously find by a preponderance of the evidence

that it is more likely than not that the above

circumstance exists.

[ ] (b) We unanimously find by a preponderance of the evidence

that it is more likely than not that the above

circumstance does not exist.

[ ] (c) After a reasonable period of deliberation, one or more

of us, but fewer than all 12, find by a preponderance

-49-

of the evidence that it is more likely than not that

the above circumstance exists.

6. The act of the defendant was not the sole proximate cause

of the victim's death.

(Mark only one.)

[ ] (a) We unanimously find by a preponderance of the evidence

that it is more likely than not that the above

circumstance exists.

[ ] (b) We unanimously find by a preponderance of the evidence

that it is more likely than not that the above

circumstance does not exist.

[ ] (c) After a reasonable period of deliberation, one or more

of us, but fewer than all 12, find by a preponderance

of the evidence that it is more likely than not that

the above circumstance exists.

7. It is unlikely that the defendant will engage in further

criminal activity that would constitute a continuing threat to

society.

(Mark only one.)

[ ] (a) We unanimously find by a preponderance of the evidence

that it is more likely than not that the above

circumstance exists.

[ ] (b) We unanimously find by a preponderance of the evidence

that it is more likely than not that the above

circumstance does not exist.

[ ] (c) After a reasonable period of deliberation, one or more

-50-

of us, but fewer than all 12, find by a preponderance

of the evidence that it is more likely than not that

the above circumstance exists.

8. (a) We unanimously find by a preponderance of the evidence

that it is more likely than not that the following additional

mitigating circumstances exist:

________________________________________________________________

________________________________________________________________

________________________________________________________________

________________________________________________________________

(Use reverse side if necessary)

(b) One or more of us, but fewer than all 12, find by a

preponderance of the evidence that it is more likely than not

that the following additional mitigating circumstances exist:

________________________________________________________________

________________________________________________________________

________________________________________________________________

________________________________________________________________

(Use reverse side if necessary)

(If the jury unanimously determines in Section IV that no

mitigating circumstances exist, do not complete Section V.

Proceed to Section VI and enter "Death."

If the jury or any

juror determines that one or more mitigating circumstances exist,

complete Section V.)

-51-

Section V

Each individual juror shall weigh has weighed the aggravating

circumstances found unanimously to exist against any mitigating

circumstances found unanimously to exist, as well as against any

mitigating circumstance found by that individual juror to exist.

We unanimously find that the State has proven proved BY A

PREPONDERANCE OF THE EVIDENCE that the aggravating circumstances

marked "proven proved" in Section III outweigh the mitigating

circumstances in Section IV.

______

yes

______

no

Section VI

Enter the determination of sentence either "Imprisonment for

Life" or "Death" according to the following instructions:

1. If all of the answers in Section I are marked "not

proven proved," enter "Imprisonment for Life."

2. If the answer in Section II is marked "proven proved,"

enter "Imprisonment for Life."

3. If all of the answers in Section III are marked "not

proven proved," enter "Imprisonment for Life."

4. If Section IV was completed and the jury unanimously

determined that no mitigating circumstance exists, enter "Death."

5. If Section V was completed and marked "no," enter

"Imprisonment for Life."

6. If Section V was completed and marked "yes," enter

"Death."

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We unanimously determine the sentence to be ____________________.

Section VII

If "Imprisonment for Life" is entered in Section VI, answer

the following question:

Based upon the evidence, does the jury unanimously determine

that the sentence of imprisonment for life previously entered

shall be without the possibility of parole?

______

yes

______

no

____________________________

Foreman Foreperson

____________________________

Juror 7

____________________________

Juror 2

____________________________

Juror 8

____________________________

Juror 3

____________________________

Juror 9

____________________________

Juror 4

____________________________

Juror 10

____________________________

Juror 5

____________________________

Juror 11

____________________________

Juror 6

____________________________

Juror 12

or,

____________________________

JUDGE

. . .

-53-

REPORTER’S NOTE

In footnote 5 of Conyers v. State, 354 Md. 132 (1999), the

Court of Appeals observed that a phrase such as “facts or

circumstances” might be more appropriate in certain parts of the

capital sentencing form than the word “evidence,” because the

judge or jury considers more than evidence in determining

mitigating circumstances. The Pattern Jury Instructions

Committee recommends substituting the language “that it is more

likely than not” in place of the language “by a preponderance of

the evidence.” This leaves in a burden of proof standard, yet

avoids the use of the word “evidence.” The proposed amendments

to Rule 4-343 make this change throughout the form and, in

Section IV of the form, replace the introductory phrase, “Based

upon the evidence,” with the phrase, “From our consideration of

the facts and circumstances of this case.”

In addition, a proposed stylistic amendment to the form

conforms it to modern usage and to the Maryland Criminal Pattern

Jury Instructions by replacing the word “proven” with “proved.”

Another stylistic change corrects a future tense directive in

Section V by making it a past tense affirmative statement that

the jury “has weighed” the aggravating circumstances against the

mitigating circumstances. An additional stylistic change

substitutes the word “foreperson” for the former word “foreman,”

to reflect the Judiciary’s policy to use gender neutral words

where practicable.

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MARYLAND RULES OF PROCEDURE

TITLE 4 - CRIMINAL CAUSES

CHAPTER 300 - TRIAL AND SENTENCING

AMEND Rule 4-347 to add a cross reference after subsection

(e)(1), as follows:

Rule 4-347.

PROCEEDINGS FOR REVOCATION OF PROBATION

. . .

(e)

Hearing

(1)

Generally

The court shall hold a hearing to determine whether a

violation has occurred and, if so, whether the probation should

be revoked.

The hearing shall be scheduled so as to afford the

defendant a reasonable opportunity to prepare a defense to the

charges.

Whenever practicable, the hearing shall be held before

the sentencing judge or, if the sentence was imposed by a Review

Panel pursuant to Rule 4-344, before one of the judges who was on

the panel.

With the consent of the parties and the sentencing

judge, the hearing may be held before any other judge.

The

provisions of Rule 4-242 do not apply to an admission of

violation of conditions of probation.

Cross reference: See State v. Peterson, 315 Md. 73 (1989),

construing the third sentence of this subsection. For procedures

to be followed by the court when a defendant may be incompetent

to stand trial in a violation of probation proceeding, see Code,

Criminal Procedure Article, §3-104.

(2)

Conduct of Hearing

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The court may conduct the revocation hearing in an

informal manner and, in the interest of justice, may decline to

require strict application of the rules in Title 5, except those

relating to the competency of witnesses.

The defendant shall be

given the opportunity to admit or deny the alleged violations, to

testify, to present witnesses, and to cross-examine the witnesses

testifying against the defendant.

If the defendant is found to

be in violation of any condition of probation, the court shall

(A) specify the condition violated and (B) afford the defendant

the opportunity, personally and through counsel, to make a

statement and to present information in mitigation of punishment.

Cross reference: See Hersch and Cleary v. State, 317 Md. 200

(1989), setting forth certain requirements with respect to

admissions of probation violations, and State v. Fuller, 308 Md.

547 (1987), regarding the application of the right to

confrontation in probation revocation proceedings. For factors

related to drug and alcohol abuse treatment to be considered by

the court in determining an appropriate sentence, see Code,

Criminal Procedure Article, §6-231.

Source:

This Rule is new.

REPORTER’S NOTE

Chapter 353, Laws of 2006 (HB 795), which amended Code,

Criminal Procedure Article, §3-104, requires a court to determine

whether a defendant is competent to stand trial in a violation of

probation proceeding if the defendant appears to be incompetent.

The Rules Committee recommends that a cross reference to the

amended statute be placed after subsection (e)(1) of Rule 4-347.

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MARYLAND RULES OF PROCEDURE

TITLE 4 - CRIMINAL CAUSES

CHAPTER 600 - CRIMINAL INVESTIGATIONS AND

MISCELLANEOUS PROVISIONS

AMEND Rule 4-642 to state who may be present during grand

jury proceedings and to add provisions concerning the

appointment, oath, and compensation of an interpreter in a grand

jury proceeding, as follows:

Rule 4-642.

(a)

SECRECY

Court Records

Files and records of the court pertaining to criminal

investigations shall be sealed and shall be open to inspection

only by order of the court.

(b)

Hearings

Hearings before the court relating to the conduct of

criminal investigations shall be on the record and shall be

conducted out of the presence of all persons except those whose

presence is necessary.

(c)

(1)

Grand Jury - Who May be Present

While the Grand Jury is in Session

The following persons may be present while the grand

jury is in session: one or more attorneys for the State; the

witness being questioned; any stenographer appointed pursuant to

Code, Courts Article, §2-503; and, when needed, interpreters, so

-57-

long as an audio recording is made if the interpreter is present

for a witness.

(2)

During Deliberations and Voting

No person other than the jurors, and any interpreter

needed to assist a hearing-impaired or speech-impaired juror, may

be present while the grand jury is deliberating or voting.

(3)

Appointment, Oath, and Compensation of Interpreter

If the State’s Attorney requests that an interpreter be

appointed for a witness or juror in a grand jury proceeding, the

court shall appoint an interpreter.

Before acting as an

interpreter in a grand jury proceeding, the interpreter shall

make oath as provided in Rule 16-819 (d)(3).

Compensation for

the interpreter shall be in accordance with Code, Courts Article,

§9-114.

(c) (d)

Motion for Disclosure

Unless disclosure of matters occurring before the grand

jury is permitted by law without court authorization, a motion

for disclosure of such matters shall be filed in the circuit

court where the grand jury convened.

If the moving party is a

State's Attorney who is seeking disclosure for enforcement of the

criminal law of a state or the criminal law of the United States,

the hearing shall be ex parte.

In all other cases, the moving

party shall serve a copy of the motion upon the State's Attorney,

the parties to the judicial proceeding if disclosure is sought in

connection with such a proceeding, and such other persons as the

court may direct.

The court shall conduct a hearing if requested

-58-

within 15 days after service of the motion.

Source:

This Rule is new.

REPORTER’S NOTE

New subsections (c)(1) and (c)(2) proposed to be added to

Rule 4-642 are patterned after Fed. R. Crim. P. 6 (d). Proposed

new subsection (c)(3) adds to the Rule provisions concerning the

appointment of an interpreter to serve in a grand jury

proceeding, the oath that the interpreter must take, and

compensation for the interpreter.

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MARYLAND RULES OF PROCEDURE

TITLE 16 - COURTS, JUDGES, AND ATTORNEYS

CHAPTER 800 - MISCELLANEOUS

AMEND Rule 16-819 (d)(3) to require that an interpreter who

serves in a grand jury proceeding take an oath of secrecy, as

follows:

Rule 16-819.

COURT INTERPRETERS

. . .

(d)

Selection and Appointment of Interpreters

. . .

(3)

Oath

Upon appointment by the court and before acting as an

interpreter in the proceeding, the interpreter shall solemnly

swear or affirm under the penalties of perjury to interpret

accurately, completely, and impartially and to refrain from

knowingly disclosing confidential or privileged information

obtained while serving in the proceeding.

If the interpreter is

to serve in a grand jury proceeding, the interpreter also shall

take and subscribe an oath that the interpreter will keep secret

all matters and things occurring before the grand jury.

. . .

REPORTER’S NOTE

Rule 16-819 (d)(3) is proposed to be amended to add an oath

of secrecy for interpreters in grand jury proceedings. The

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language of the proposed amendment is patterned after Code,

Courts Article, §2-503 (b)(1), which requires that stenographers

for grand juries take an oath of secrecy.

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MARYLAND RULES OF PROCEDURE

TITLE 7 - APPELLATE AND OTHER JUDICIAL REVIEW IN CIRCUIT COURT

CHAPTER 100 - APPEALS FROM THE DISTRICT COURT TO

THE CIRCUIT COURT

AMEND Rule 7-112 to provide that an appellant may dismiss an

appeal at any time before the commencement of trial, as follows:

Rule 7-112.

APPEALS HEARD DE NOVO

. . .

(f)

Withdrawal Dismissal of Appeal; Entry of Judgment

(1) An appellant may dismiss an appeal at any time before the

commencement of trial.

The court shall dismiss An an appeal

shall be considered withdrawn if the appellant files a notice

withdrawing the appeal or if the appellant fails to appear as

required for trial or any other proceeding on the appeal.

(2) Upon a withdrawal of the dismissal of an appeal, the

circuit court shall dismiss the appeal, and the clerk shall

promptly return the file to the District Court.

Any statement of

satisfaction shall be docketed in the District Court.

(3) On motion filed in the circuit court within 30 days after

entry of a judgment dismissing an appeal, the circuit court, for

good cause shown, may reinstate the appeal upon the terms it

finds proper.

On motion of any party filed more than 30 days

after entry of a judgment dismissing an appeal, the court may

reinstate the appeal only upon a finding of fraud, mistake, or

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irregularity.

If the appeal is reinstated, the circuit court

shall notify the District Court of the reinstatement and request

the District Court to return the file.

(4) If the appeal of a defendant in a criminal case who was

sentenced to a term of confinement and released pending appeal

pursuant to Rule 4-349 withdraws the appeal is dismissed, the

circuit court shall (A) issue a warrant directing that the

defendant be taken into custody and brought before a judge or

commissioner of the District Court or (B) enter an order that

requires the defendant to appear before a judge or commissioner.

The warrant or order shall identify the District Court case by

name and number and shall provide that the purpose of the

appearance is the entry of a commitment that conforms to the

judgment of the District Court.

. . .

REPORTER’S NOTE

In Gonzales v. State, 388 Md. 63 (2005), the Court of

Appeals pointed out that Rule 7-112 (f) does not set a time

deadline as to when an appeal may be withdrawn and asked the

Rules Committee to review this gap in the Rule. The Committee

recommends that Rule 7-112 be amended to allow an appellant to

dismiss an appeal “at any time before the commencement of trial.”

The proposed change provides a definitive time frame and is

consistent with the time jeopardy attaches in cases in which the

possibility of double jeopardy may exist.

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MARYLAND RULES OF PROCEDURE

TITLE 8 - APPELLATE REVIEW IN THE COURT OF APPEALS

AND COURT OF SPECIAL APPEALS

CHAPTER 400 - PRELIMINARY PROCEDURES

AMEND Rule 8-423 to delete the word “ordinary” from section

(b) and to provide that the court may reduce the amount of a

supersedeas bond under certain circumstances, as follows:

Rule 8-423.

(a)

SUPERSEDEAS BOND

Condition of Bond

A Subject to section (b) of this Rule, a supersedeas bond

shall be conditioned upon the satisfaction in full of (1) the

judgment from which the appeal is taken, together with costs,

interest, and damages for delay, if for any reason the appeal is

dismissed or if the judgment is affirmed, or (2) any modified

judgment and costs, interest, and damages entered or awarded on

appeal.

(b)

Amount of Bond

Unless the parties otherwise agree, the amount of the bond

shall be as follows:

(1)

Money Judgment Not Otherwise Secured

When the judgment is for the recovery of money not

otherwise secured, the amount of the bond ordinarily shall be the

sum that will cover the whole amount of the judgment remaining

unsatisfied plus interest and costs, except that the court, after

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taking into consideration all relevant factors, may reduce the

amount of the bond upon making specific findings justifying the

amount.

Cross reference: Rule 1-402 (d); O'Donnell v. McGann, 310 Md.

342, 529 A.2d 372 (1987).

(2)

Disposition of Property

When the judgment determines the disposition of the

property in controversy (as in real actions, replevin, and

actions to foreclose mortgages,) or when the property, or the

proceeds of its sale, is in the custody of the lower court or the

sheriff, the amount of the bond shall be the sum that will secure

the amount recovered for the use and detention of the property,

interest, costs, and damages for delay.

(3)

Other Cases

In any other case, the amount of the bond shall be fixed

by the lower court.

Source: This Rule is derived as follows:

Section (a) is derived from former Rule 1018 a.

Section (b) is derived from former Rule 1018 b and 1020 a.

REPORTER’S NOTE

The Rules Committee considered the request of Dennis McCoy,

Esq., that a supersedeas bond limit of $25 million be added to

the Rules to ensure that a defendant’s right to appeal is fully

protected. The Committee believes that establishment of a

supersedeas bond limit in a specific dollar amount is a matter

for the legislature to determine.

The Rules Committee recommends that Rule 8-423 be amended to

expressly provide that after taking into account all relevant

factors and upon making specific findings, a court may reduce the

amount of the supersedeas bond below the amount that would cover

the whole amount of the judgment remaining unsatisfied plus

interest and costs. The Committee considered including in the

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Rule a list of factors that the court must consider prior to

setting a reduced bond amount, such as the factors set forth in

Iowa Code, §625A.9 and Rule 62 of the Utah Rules of Civil

Procedure, but declined to include such a list because the

relevant factors are case-specific.

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MARYLAND RULES OF PROCEDURE

TITLE 9 - FAMILY LAW ACTIONS

CHAPTER 100 - ADOPTION; GUARDIANSHIP TERMINATING

PARENTAL RIGHTS

TABLE OF CONTENTS

Rule 9-101.

APPLICABILITY; DEFINITIONS

(a) Applicability

(b) Definitions

(1) Independent Adoption

(2) Private Agency Adoption

(3) Private Agency Guardianship

(4) Public Agency Adoption after TPR

(5) Public Agency Adoption without Prior TPR

(6) Public Agency Guardianship

Rule 9-102.

CONSENTS; REVOCATION OF CONSENT

(a) Consents Generally Required

(b) Form of Consents, Affidavits of Attorneys, and

Disclosure Vetoes

(1) Consent of Parent

(2) Consent of Child to Adoption

(3) Attorney Affidavit

(4) Disclosure Vetoes

(c) Revocation of Consent

(1) Time for Revocation of Consent

(A) By Parent

(B) By Adoptee

(C) By Public or Private Agency or Guardian

(2) Procedure for Revocation of Consents

(A) By Parent – Delivery to Clerk

(B) By Agency, Guardian, or Adoptee

(C) Notice

(D) Court Hearing Upon Revocation of Consent

Rule 9-103.

PETITION

(a) Titling of Case

(b) Petition for Adoption

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(1) Contents

(2) Exhibits

(c) Petition for Guardianship

(d) If Facts Unknown or Documents Unavailable

(e) Disclosure of Facts Known to Child Placement Agency

Rule 9-104.

NOTICE OF FILING OF PETITION; STATUS CONFERENCE

(a) Notice of Filing of Petition

(b) Status Conference

Rule 9-105.

SHOW CAUSE ORDER; DISABILITY OF A PARTY; OTHER

NOTICE

(a) Requirement for Show Cause Order

(b) Appointment of Attorney for Disabled Party

(c) Service of Show Cause Order

(1) Method of Service

(2) Time for Service

(3) Notice of Objection

(d) Notice of Change of Name

(e) Form of Show Cause Order

(f) Form of Notice of Objection

(g) Form of Notice for Service by Publication and Posting

Rule 9-106. APPOINTMENT OF ATTORNEY - ATTORNEY AFFIDAVIT INVESTIGATION

(a) Appointment of Attorney

(b) Payment of Attorney’s Fees

(c) Affidavit of Attorney

(1) With a Parental Consent

(2) With a Consent of a Prospective Adoptee

(d) Investigation by Court

(1) Optional

(2) Mandatory

(3) Recommendation of Investigator

(4) In Writing

Rule 9-107.

OBJECTION

(a) In General

(b) Time for Filing Objection

(1) In General

(2) Service Outside of the State

(3) Service Outside of the United States

(4) Service by Publication in a Newspaper and on Website

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(c) Service

(d) Response

(e) Hearing

(f) Access to Records

Rule 9-108.

TEMPORARY CUSTODY

Rule 9-109.

HEARING ON MERITS

(a) Requirement

(1) Generally

(2) Guardianship

(b) Adoption

(1) Persons Present at Hearing

(2) Considerations

(3) Findings by the Court

Rule 9-110.

ACCOUNTING REPORT

(a) Duty to File

(b) Contents

Rule 9-111.

JUDGMENT OF ADOPTION OR GUARDIANSHIP

(a) Time

(b) Information from Other Court

(c) Supplemental Report

(d) Change of Name

(e) Spouse of Parent

Rule 9-112.

COURT RECORDS

(a) Dockets

(b) Sealing of Records

Rule 9-113.

MEDICAL AND MENTAL HEALTH HISTORY

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MARYLAND RULES OF PROCEDURE

TITLE 9 - FAMILY LAW ACTIONS

CHAPTER 100 - ADOPTION; GUARDIANSHIP TERMINATING

PARENTAL RIGHTS

AMEND Rule 9-101 by adding new section (a), “Applicability,”

and by revising the applicable definitions as follows:

Rule 9-101.

(a)

APPLICABILITY; DEFINITIONS

Applicability

The words "child placement agency," "disability,"

“father," and "guardianship" as used in Rules 9-101 through 9-113

have the meanings stated in Code, Family Law Article, §5-301.

In

addition, the word "parent" includes the biological mother, a

"natural father" as defined in Code, Family Law Article, §5-310 ,

the biological father or one claiming to be the biological father

who does not meet the criteria of §5-310, and a person who is a

child's parent by reason of a previous adoption.

The Rules in

this Chapter apply to proceedings under Code, Family Law Article,

Title 5, Subtitles 3 (Guardianship to and Adoption through Local

Department), 3A (Private Agency Guardianship and Adoption), and

3B (Independent Adoption).

Committee note: This Rule does The Rules in this Chapter do not

apply to the guardianship of persons and property of minors and

disabled persons governed by Code, Estates and Trusts Article,

§13-101 et seq.

(b) Definitions

The terms used in this Chapter that are defined in Code,

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Family Law Article, Titles 1 and 5 shall have the meanings stated

in those Titles.

In addition, in this Chapter, the following

definitions apply except as expressly otherwise provided or as

necessary implication requires.

(1)

Independent Adoption

“Independent Adoption” means an adoption under Code,

Family Law Article, Title 5, Subtitle 3B.

(2)

Private Agency Adoption

“Private Agency Adoption” means an adoption under Code,

Family Law Article, Title 5, Subtitle 3A.

(3)

Private Agency Guardianship

“Private Agency Guardianship” means a guardianship under

Code, Family Law Article, Title 5, Subtitle 3A.

(4)

Public Agency Adoption after TPR

“Public Agency Adoption after TPR” means an adoption

under Code, Family Law Article, Title 5, Subtitle 3A after

termination of parental rights.

(5)

Public Agency Adoption without Prior TPR

“Public Agency Adoption without Prior TRP” means an

adoption under Code, Family Law Article, Title 5, Subtitle 3A

without prior termination of parental rights.

(6)

Public Agency Guardianship

“Public Agency Guardianship” means a guardianship under

Code, Family Law Article, Title 5, Subtitle 3A.

Source: This Rule is in part derived from former Rule D71 and is

in part new.

-71-

REPORTER’S NOTE

Chapter 464 (SB 710), Acts of 2005, reorganized and revised

the law pertaining to guardianships that terminate parental

rights and adoptions. The new law is divided into three

subtitles of Code, Family Law Article: Subtitle 3, Guardianships

to and Adoptions through Local Department; Subtitle 3A, Private

Agency Adoption and Guardianship; and Subtitle 3B, Independent

Adoption.

Section (a) is new.

Chapter is applicable.

It states the actions to which the

The proposed amendments to section (b) refer to the

definitions in Code, Family Law Article, Titles 1 and 5 in lieu

of the list of definitions previously in the Rule and add

definitions that use the terminology of the new statute.

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MARYLAND RULES OF PROCEDURE

TITLE 9 - FAMILY LAW ACTIONS

CHAPTER 100 - ADOPTION; GUARDIANSHIP TERMINATING

PARENTAL RIGHTS

AMEND Rule 9-102 by deleting language from section (a), by

updating the cross reference after section (a), by adding a new

section (b) pertaining to certain forms, by relettering the Rule,

by replacing the language in subsection (c)(1) with references to

certain Code provisions, by conforming the provisions pertaining

to revocation of a consent to statutory changes, by adding a new

subsection (c)(1)(C) pertaining to notice, by deleting and adding

language to subsection (c)(1)(D) pertaining to scheduling an

immediate hearing upon revocation of a consent, and by deleting

all forms from the Rule, as follows:

Rule 9-102.

CONSENTS; REQUESTS FOR ATTORNEY OR COUNSELING

REVOCATION OF CONSENT

(a) Consents Generally Required

Except when otherwise permitted, by Code, Family Law

Article, §5-312, §5-313, or §5-313.1, a judgment of adoption or

guardianship may not be entered without the consents prescribed

by Code, Family Law Article, §5-311 or §5-317 (c)(2).

Cross reference: See Code, Family Law Article, §5-314 for

provisions governing the validity of consents. For provisions

governing the authority to grant guardianships or adoptions and

the validity of consents, see Code, Family Law Article, §§5-320

and 5-321 as to a Public Agency Guardianship, 5-338 and 5-339 as

to a Public Agency Adoption without Prior TPR, 5-350 and 5-351 as

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to a Public Agency Adoption after TPR, 5-3A-18 and 5-3A-19 as to

a Private Agency Guardianship, 5-3A-34 as to a Private Agency

Adoption; and 5-3B-19 and 5-3B-20 as to an Independent Adoption.

(b)

Form of Consents, Affidavits of Attorneys, and Disclosure

Vetoes

(1)

Consent of Parent

The consent of a parent to a guardianship or to an

adoption shall be substantially in the applicable form set forth

at the end of this Title as Form 9-102.1 (Consent of Parent to a

Public Agency Guardianship), Form 9-102.2 (Consent of Parent to a

Private Agency Guardianship), Form 9-102.3 (Consent of Parent to

a Public Agency Adoption without Prior TPR), Form 9-102.4

(Consent of Parent to an Independent Adoption with Termination of

Parental Rights), or Form 9-102.5 (Consent of Parent to an

Independent Adoption without Termination of Parental Rights).

(2)

Consent of Child to Adoption

The consent of a child to an adoption shall be

substantially in the applicable form set forth at the end of this

Title as Form 9-102.6 (Consent of Child to a Public Agency

Adoption or Private Agency Adoption) or Form 9-102.7 (Consent of

Child to an Independent Adoption).

(3)

Attorney Affidavit

When required, the affidavit by an attorney as to the

validity of the consent of a parent or child to a guardianship or

adoption shall be substantially in the applicable form set forth

at the end of this Title as Form 9-102.8 (Attorney Affidavit as

to Consent of a Parent to a Public Agency Guardianship or Private

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Agency Guardianship), Form 9-102.9 (Attorney Affidavit as to

Consent of a Parent to Adoption), or Form 9-102.10 (Attorney

Affidavit as to Consent of a Child to Adoption).

Cross reference: See Rule 9-106 (c).

(4)

Disclosure Vetoes

The disclosure vetoes that are required to be attached

to the consent forms may be found on the website of the Maryland

Department of Human Resources.

(b) (c)

Revocation of Consent

(1) Time for Revoking Revocation of Consent

An individual to be adopted may revoke his or her consent

at any time before entry of a judgment of adoption.

Any other

person or agency executing a required consent to an adoption or

guardianship may revoke the consent within 30 days after the

consent is signed.

(A)

By Parent

The time for revocation of consent by a parent is as

provided in Code, Family Law Article, §5-321 (Public Agency

Guardianship), §5-339 (Public Agency Adoption without Prior TPR),

§5-3A-19 (Private Agency Guardianship), and §5-3B-20 (Independent

Adoption).

(B)

By Adoptee

The time for revocation of consent by an adoptee is as

provided in Code, Family Law Article, §5-339 (Public Agency

Adoption without Prior TPR), §5-351 (Public Agency Adoption after

TPR), §5-3A-34 (Private Agency Adoption), and §5-3B-20

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(Independent Adoption).

(C)

By Public or Private Agency or Guardian

The time for revocation of consent by a public or

private agency or guardian is as provided in Code, Family Law

Article, §5-339 (Public Agency Adoption without Prior TPR), §5351 (Public Agency Adoption after TPR), and §5-3A-34 (Private

Agency Adoption).

(2)

Procedure for Revoking Revocation of Consents

(A)

By Parent - Delivery to Clerk

An individual A parent may revoke a consent to an

adoption or guardianship only by a signed writing actually

delivered by mail or in person to the clerk of the circuit court

designated in the consent to receive the revocation.

If the

revocation is delivered to an agent of a public or private

agency, the agent shall deliver the revocation promptly to the

court.

(B)

By Agency, Guardian, or Adoptee

An agency, entitled to guardian, or adoptee may revoke a

consent to an adoption may do so (A) by (i) in person or through

counsel on the record at the a hearing required by Rule 9-109 or

(B) (ii) in a writing signed by the executive head of the agency,

the guardian, or the adoptee and filed with the court.

If the

revocation is delivered to an agent of a public or private

agency, the agent shall deliver the revocation promptly to the

court.

Cross reference:

Rule 9-112.

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(C)

Notice

The court shall send to all parties, including the

person who revoked the consent, a copy of the revocation and

notice of a hearing scheduled pursuant to subsection (c)(2)(D) of

this Rule.

(3) (D)

Action by Court Hearing Upon Revocation of Consent

If a consent is revoked pursuant to this Rule, the court

shall (A) schedule a hearing within three days to determine the

status of the petition and temporary custody of the child, (B)

determine the immediate custody of the child pending that

hearing, and (C) send to all parties and all persons who

previously consented to the adoption or guardianship, including

the person who revoked the consent, a copy of the revocation,

notice of the immediate custody determination, and notice of the

scheduled hearing.

This subsection does not apply to actions

governed by Code, Family Law Article, §5-312, §5-313, or §5-313.1

schedule an immediate hearing to determine the status of the

petition and, if necessary, temporary custody of the child.

Cross reference:

(c)

Code, Family Law Article, §§5-311 and 5-317.

Form of Consent of Parent to Adoption

The consent of a parent to an adoption shall be in

substantially the following form.

CONSENT TO ADOPTION/GUARDIANSHIP

OR

REQUEST FOR ATTORNEY OR COUNSELING

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1. Name.

My name is _________________________________________________.

2. Age and Competence.

My date of birth is _____________________ and I am capable of

understanding what this consent means.

3. Status as Parent.

(a)

I am [

Check all that apply.

] the mother [

] the father (or) [

] alleged to

be the father of _____________________________________ , born on

________________________________________, _______________________

at ____________________________________________________________ ,

(name of hospital or address of birthplace)

in _____________________________________________________________.

(city, state, and county of birth)

(b)

I was married to the mother of the child [

of conception [

] at the time

] at the time the child was born.

4. RIGHT TO ATTORNEY.

I understand that:

(a) The court will appoint an attorney for me if I am under

18 years of age or if, because of a disability, I am incapable of

consenting to the adoption/guardianship or of effectively

participating in the adoption/guardianship proceeding.

(b) Even if I am not entitled to a court-appointed attorney, I

am entitled to consult an attorney chosen by me.

If this is a

consent to an adoption, the adoptive parents may agree to pay all

or part of the attorney's fees on my behalf and, if this is an

independent adoption (that is, where an agency is not involved),

the court may order the adoptive parents to do so.

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(c) If I choose to seek the appointment or advice of an

attorney, I cannot now consent to the adoption/guardianship and

this Consent Form will be ineffective as a consent.

Check one of the following statements:

[

] I do not want an attorney.

[

] I already have an attorney whose name, address, and

telephone number are _________________________________

______________________________________________________.

(Name)

[

(Address)

(Telephone Number)

] I want an attorney.

5. OPTION OF ADOPTION COUNSELING.

I understand that, if this is an independent adoption, I have

the option of receiving adoption counseling and guidance for

which a court may require the adoptive parents to pay.

I also

understand that if I choose to seek such counseling or guidance,

I cannot now consent to the adoption and this Consent Form will

be ineffective as a consent to adoption.

Check one of the following statements:

[

] I do not want adoption counseling and guidance.

[

] I am already receiving or have received adoption

counseling and guidance.

[

] I want adoption counseling and guidance.

[IF A REQUEST IS MADE FOR AN ATTORNEY OR FOR YOU CHECKED THAT YOU

WANT ADOPTION COUNSELING AND GUIDANCE, SIGN HERE AND DO NOT

COMPLETE THE REST OF THIS FORM]

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_______________________

(Date)

__________________________

(Signature)

__________________________

(Address)

__________________________

(Telephone Number)

6.

COMPENSATION.

I understand that by Maryland law I am not allowed to receive

compensation of any kind for the placement of my child, except

that reasonable and customary charges or fees for hospital or

medical or legal services may be paid on my behalf.

7.

ACCESS TO BIRTH AND ADOPTION RECORDS.

I understand that when my child is at least 21 years old, my

child or I or my child's other biological parent may apply to the

Secretary of Health and Mental Hygiene for access to certain

birth and adoption records.

If I do not want information about

me to be disclosed, I have the right to prevent disclosure by

filing a disclosure veto.

I acknowledge receiving a copy of

the Maryland Code, Family Law Article, Title 5, Subtitle 3A

and a form that I may use if I want to file a disclosure veto.

______________

(Initials)

(This paragraph applies to adoptions finalized on or after

January 1, 2000.)

8.

ADOPTION SEARCH, CONTACT, AND REUNION SERVICES.

I understand that when my child is at least 21 years old, my

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child or I or my child's other biological parent may apply to the

Director of the Social Services Administration of the Department

of Human Resources for adoption search, contact, and reunion

services.

By my initials, I acknowledge receiving a copy of the

Maryland Code, Family Law Article, Title 5, Subtitle 4B.

______________

(Initials)

9.

EFFECT OF CONSENT.

I UNDERSTAND THAT, BY SIGNING THIS CONSENT, I AGREE TO THE

CONTENTS OF IT, AND THAT, UNLESS THIS IS A STEPPARENT ADOPTION IN

WHICH MY (HUSBAND)(WIFE) IS PROPOSING TO ADOPT MY CHILD, I AM

GIVING UP ALL RIGHTS, DUTIES, AND OBLIGATIONS WITH RESPECT TO MY

CHILD AND ALL RIGHTS TO PARTICIPATE IN ANY PROCEEDING FOR

ADOPTION OR GUARDIANSHIP OF MY CHILD.

10.

RIGHT TO REVOKE CONSENT - LIMITATIONS.

I understand that the only way in which I can revoke this

consent is by delivering my revocation to the following person:

Clerk of the Circuit Court for __________________________________

(Name of County)

Attention: Adoption Clerk

_________________________________________________________________

(Address and Telephone Number of Court)

_________________________________________________________________

in writing no later than _____________________________________ ,

which is 30 days from the date I sign this consent, that my

consent is revoked. The revocation must be signed by me and

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should contain my printed name and address and, to the extent

known, the name, sex, and date of birth of my child.

I understand that revocation by telephone or other oral

conversation or by writing to anyone other than the person named

above will not constitute a valid revocation. I understand that I

may deliver my written revocation by mail or in person, but if it

is not received

by the clerk by the date stated above, it will

not constitute a valid revocation.

CONSENT.

11.

Having read carefully all of the above statements (check one

of the following statements):

[

] I freely, voluntarily, and unequivocally consent to the

adoption of my child by ______________ and ______________

or the person or persons whose name(s) is/are unknown to

me, but known to the court. I further consent that

the prospective adoptive parents may have immediate and

temporary custody of my child.

[

] I freely, voluntarily, and unequivocally consent to a

judgment appointing ______________ as the guardian of my

child, with the right of the guardian to consent to

adoption or long-term care short of adoption.

12.

WAIVER OF NOTICE OF ADOPTION OR GUARDIANSHIP

PROCEEDING.

I understand that, based on this Consent, a petition for

adoption or guardianship will be filed in court and that I have

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the right to be notified when the petition is filed and of

further proceedings concerning the guardianship or adoption. I

also understand that I may waive my right to notice.

Check one of the following statements:

[

] I waive notice of all proceedings concerning the adoption

or guardianship, including entry of judgment. I understand

that a court representative may nonetheless contact me in

connection with these proceedings.

[

] I want to receive notice of the filing of the petition but

waive notice of all further proceedings concerning the

adoption or guardianship. I understand that notice will be

sent to the address given by me on this form unless I

advise the clerk of the court stated in Paragraph 10 of

this Consent, in writing, of a change in my address.

[

] I want to receive notice of the filing of the petition and

of further proceedings concerning the adoption or

guardianship until my parental rights have been

terminated.

I understand that notice will be sent to the

address given by me on this form unless I advise the clerk

of the court stated in Paragraph 10 of this Consent, in

writing, of a change in my address.

13.

I acknowledge that I have read this Consent or have had

it read to me, that I understand it, and that I have received a

copy of the signed Consent to keep.

I further acknowledge that

no one has persuaded me to sign this consent or any other form or

paper regarding this adoption or guardianship against my will.

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I solemnly affirm under the penalties of perjury that the

contents of the foregoing Consent Form are true to the best of my

knowledge, information, and belief.

_______________________

(Date)

_____________________________________

(Signature)

_____________________________________

(Address)

_____________________________________

(Telephone Number)

(d)

Form of Consent of Person to be Adopted

The consent of a person to be adopted shall be in

substantially the following form.

CONSENT TO ADOPTION

OR

REQUEST FOR ATTORNEY

1. Name.

My name is _________________________________________________ .

2. Age and Place of Birth.

(a)

I am at least 10 years old.

My date of birth is _______

_____________________.

(b)

I was born at ___________________________________________

_______________________________________________________________ ,

(name of hospital or address of birthplace)

in ____________________________________________________________.

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(city, state, and county of birth)

3. Right to Attorney.

I understand that:

(a)

The court will appoint an attorney for me if (i) because

of a disability, I am incapable of consenting to the adoption or

of effectively participating in the adoption proceeding or (ii)

my adoption or guardianship would involuntarily terminate the

parental rights of at least one of my parents.

(b) Even if the court is not required to appoint an

attorney for me, if I am under 18 years of age the court may

nevertheless appoint an attorney for me.

(c)

If I choose to seek the appointment or advice of an

attorney, I cannot now consent to the adoption and this Consent

Form will be ineffective as a consent.

Check one of the following statements:

[

] I do not want an attorney.

[

] I already have an attorney whose name, address, and

telephone number are __________________________________

________________________________________________________________.

(Name)

(Address)

(Telephone Number)

[

] I want an attorney.

[IF A REQUEST IS MADE FOR AN ATTORNEY, SIGN HERE AND DO NOT

COMPLETE THE REST OF THIS FORM]

____________________________

(Date)

_______________________________

(Signature)

_______________________________

(Address)

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_______________________________

(Telephone Number)

4. Access to Birth and Adoption Records.

I understand that when I am at least 21 years old, my

biological parents or I may apply to the Secretary of Health and

Mental Hygiene for access to certain birth and adoption records.

If I do not want information about me to be disclosed, I have the

right to prevent disclosure by filing a disclosure veto when I am

at least 20 years old.

I acknowledge receiving a copy of the

Maryland Code, Family Law Article, Title 5, Subtitle 3A and a

form that I may use if I want to file a disclosure veto.

________________

(Initials)

(This paragraph applies to adoptions finalized on or after

January 1, 2000.)

5. Adoption Search, Contact, and Reunion Services.

I understand that when I am at least 21 years old, my

biological parents or I may apply to the Director of the Social

Services Administration of the Department of Human Resources for

adoption search, contact, and reunion services.

I acknowledge

receiving a copy of the Maryland Code, Family Law Article, Title

5, Subtitle 4B.

_______________

(Initials)

6. Effect of Consent and Adoption

I understand that, by signing this Consent, I agree to the

contents of it.

I also understand that, if a court enters a

judgment of adoption, I will become the child of the persons who

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adopt me and I will no longer be the legal child of any parent

whose parental relationship to me is terminated by the judgment.

7. Right to Revoke Consent - Limitations

I understand that the only way in which I can revoke this

Consent is by delivering my revocation to the following

person:

Clerk of the Circuit Court for _________________________________

(Name of County)

Attention: Adoption Clerk

________________________________________________________________

(Address and Telephone Number of Court)

________________________________________________________________

in writing, prior to entry of a judgment of adoption by a court,

that my consent is revoked.

The revocation must be signed by me

and should contain my printed name, address, sex, date of birth,

and the names of my parents or guardian.

I understand that revocation by telephone or other oral

conversation or by writing to anyone other than the person named

above will not constitute a valid revocation.

I understand that

I may deliver my written revocation by mail or in person, but if

it is not received

by the clerk prior to entry of a judgment of

adoption by a court, it will not constitute a valid revocation.

8. Consent

Having read carefully all of the above statements, I freely,

voluntarily, and unequivocally consent to being adopted by

___________________________ and _______________________________

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and (if applicable) I consent to the change of my name to

______________________________________________________________.

9. Waiver of Notice of Adoption Proceeding

I understand that, based on this Consent, a petition for

adoption will be filed in court and that I have the right

to be notified when the petition is filed and of further

proceedings concerning the adoption.

I also understand that I

may waive my right to notice.

Check one of the following statements:

[

] I waive notice of all proceedings concerning the adoption,

including entry of judgment. I understand that a court

representative may nonetheless contact me in connection

with these proceedings.

[

] I want to receive notice of the filing of the petition but

waive notice of all further proceedings concerning the

adoption.

I understand that notice will be sent to the

address given by me on this form unless I advise the clerk

of the court stated in Paragraph 7 of this Consent, in

writing, of a change in my address.

[

] I want to receive notice of the filing of the petition and

of further proceedings concerning the adoption.

I

understand that notice will be sent to the address given

by me on this form unless I advise the clerk of the court

stated in Paragraph 7 of this Consent, in writing, of a

change in my address.

10. I acknowledge that I have read this Consent or have

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had it read to me in a language that I understand, that I

understand it, and that I have received a copy of the signed

Consent to keep.

I further acknowledge that no one has persuaded

me to sign this consent or any other form or paper regarding this

adoption against my will.

I solemnly affirm under the penalties of perjury that the

contents of the foregoing consent form are true to the best of my

knowledge, information, and belief.

________________________

(Date)

________________________________

(Signature)

________________________________

(Address)

________________________________

(Telephone Number)

Source: This Rule is derived in part from former Rule D73 and is

in part new.

REPORTER’S NOTE

Rule 9-102 is proposed to be amended to conform it to

current practice and to the new statute. Forms for consents and

affidavits of attorneys have been updated, deleted from the Rule,

and placed to follow Title 9.

Provisions pertaining to revocation of a consent have been

revised to conform to statutory changes. The existing provision

requiring a hearing within three days following a revocation is

proposed to be amended to require an “immediate” hearing.

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MARYLAND RULES OF PROCEDURE

TITLE 9 - FAMILY LAW ACTIONS

CHAPTER 100 - ADOPTION; GUARDIANSHIP TERMINATING

PARENTAL RIGHTS

AMEND Rule 9-103 by changing the titling of a case in

section (a); by adding the word “effectively” to subsection

(b)(1)(K); by updating a statutory reference in subsection

(b)(1)(P); by modifying subsection (b)(2)(A)(vi) to delete

language pertaining to a “pre-placement report” and to add

language pertaining to an “adoption home study,” “criminal

background reports,” and “child abuse clearances;” by adding

language pertaining to “affidavits of translators or attorneys”

and an expanded cross reference to subsection (b)(2)(A)(viii); by

adding a new subsection (b)(2)(A)(ix) pertaining to proof of

guardianship or relinquishment of parental rights; by adding a

cross reference after subsection (b)(2)(A)(ix); by adding a new

cross reference after subsection (b)(2)(A)(x); by adding language

to subsection (b)(2)(A)(xi) pertaining to retraction of language

in adoption agreements; by adding a cross reference after

subsection (b)(2)(A)(xi); by adding the phrase “if applicable”

to subsection (b)(2)(A)(xiii); by adding subsection (b)(2)(A)

(xiv) pertaining to a notice of filing; by adding the phrase

“if applicable” to subsection (b)(2)(B)(i); by adding a cross

reference after subsection (b)(2)(B)(i); by updating the cross

reference after subsection (b)(2)(B)(iii), by deleting language

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in subsection (b)(2)(B)(iv) and adding references to certain Code

sections; by adding a new subsection (b)(2)(B)(v) pertaining to

an affidavit of counsel; by updating the cross reference after

subsection (b)(2)(B)(v); by updating the cross reference after

section (c); by deleting section (e); and by relettering certain

sections and subsections; as follows:

Rule 9-103.

(a)

PETITION

Titling of Case

Except as otherwise provided in Rule 9-105, a proceeding

shall be titled, "In the matter of the Petition of ____________

_______________________________________________________________

________________________________________________________________

(name of petitioner(s))

for the Adoption of [a Minor] [an Adult]," or "In the matter of

the Petition of ________________________________________________

________________________________________________________________

(name of petitioner(s))

for Guardianship with Right to Consent to Adoption or Long-Term

Care Short of Adoption," as the case may be.

A proceeding shall be titled “In re Adoption/Guardianship

of _________________________________________ (first name and

first initial of last name of prospective adoptee or ward).”

(b)

Petition for Adoption

(1) Contents

A petition for adoption shall be signed and verified by

each petitioner and shall contain the following information:

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(A) The name, address, age, business or employment, and

employer of each petitioner;

(B) The name, sex, and date and place of birth of the

person to be adopted;

(C) The name, address, and age of each parent of the person

to be adopted;

(D) Any relationship of the person to be adopted to each

petitioner;

(E) The name, address, and age of each child of each

petitioner;

(F) A statement of how the person to be adopted was located

(including names and addresses of all intermediaries or

surrogates), attaching a copy of all advertisements used to

locate the person, and a copy of any surrogacy contract;

Committee note: If the text of an advertisement was used

verbatim more than once, the requirement that a copy of all

advertisements be attached to the petition may be satisfied by

attaching a single copy of the advertisement, together with a

list of the publications in which the advertisement appeared and

the dates on which it appeared.

(G) If the person to be adopted is a minor, the names and

addresses of all persons who have had legal or physical care,

custody, or control of the minor since the minor's birth and the

period of time during which each of those persons has had care,

custody, or control, but it is not necessary to identify the

names and addresses of foster parents, other than a petitioner,

who have taken care of the minor only while the minor has been

committed to the custody of a child placement agency;

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(H) If the person to be adopted is a minor who has been

transported from another state to this State for purposes of

placement for adoption, a statement of whether there has been

compliance with the Interstate Compact on the Placement of

Children (ICPC);

(I) If applicable, the reason why the spouse of the

petitioner is not joining in the petition;

(J) If there is a guardian with the right to consent to

adoption for the person to be adopted, the name and address of

the guardian and a reference to the proceeding in which the

guardian was appointed;

(K) Facts known to each petitioner that may indicate that a

party has a disability that makes the party incapable of

consenting or participating effectively in the proceedings, or,

if no such facts are known to the petitioner, a statement to that

effect;

(L) Facts known to each petitioner that may entitle the

person to be adopted or a parent of that person to the

appointment of an attorney by the court;

(M) If a petitioner desires to change the name of the

person to be adopted, the name that is desired;

(N) As to each petitioner, a statement whether the

petitioner has ever been convicted of a crime other than a minor

traffic violation and, if so, the offense and the date and place

of the conviction;

(O) That the petitioner is not aware that any required

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consent has been revoked; and

(P) If placement pending final action on the petition is

sought in accordance with Code, Family Law Article, §5-507 (c)

§5-3B-12, a request that the court approve the proposed

placement.

(2) Exhibits

(A) The following documents shall accompany the petition as

exhibits:

(i) A certified copy of the birth certificate or "proof

of live birth" of the person to be adopted;

(ii) A certified copy of the marriage certificate of each

married petitioner;

(iii) A certified copy of all judgments of divorce of

each petitioner;

(iv) A certified copy of any death certificate of a

person whose consent would be required if that person were

living;

(v) A certified copy of all orders concerning temporary

custody or guardianship of the person to be adopted;

(vi) A copy of any pre-placement report existing adoption

home study by a licensed child placement agency concerning a

petitioner, criminal background reports, or child abuse

clearances;

(vii) A document evidencing the annual income of each

petitioner;

(viii) The original of all consents to the adoption, any

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required affidavits of translators or attorneys, and, if

available, a copy of any written statement by the consenting

person indicating a desire to revoke the consent, whether or not

that statement constitutes a valid revocation;

Cross reference: See Code, Family Law Article, §§5-311 §§5-331,

5-338, and 5-339 as to a Public Agency Adoption without Prior

TPR; 5-350 and 5-351 as to a Public Agency Adoption after TPR; 53A-34 and 5-3A-35 as to a Private Agency Adoption; and 5-3B-20

and 5-3B-21 as to an Independent Adoption.

(ix) If applicable, proof of guardianship or

relinquishment of parental rights granted by an administrative,

executive, or judicial body of a state or other jurisdiction; a

certification that the guardianship or relinquishment was granted

in compliance with the jurisdiction’s laws; and any appropriate

translation of documents required to allow the child to enter the

United States;

Cross reference: See Code, Family Law Article, §§5-305 and 5-331

as to a Public Agency Adoption without Prior TPR; 5-305 and 5-345

as to a Public Agency Adoption after TPR; 5-3A-05 as to a Private

Agency Adoption; and 5-3B-05 and 5-3B-20 as to an Independent

Adoption.

(ix) (x) If a parent of the person to be adopted cannot

be identified or located, an affidavit of each petitioner and the

other parent describing the attempts to identify and locate the

unknown or missing parent;

Cross reference: See Code, Family Law Article, §§5-331 and 5-334

as to a Public Agency Adoption without Prior TPR and 5-3B-15 as

to an Independent Adoption.

(x) (xi) A copy of any agreement between a parent of the

person to be adopted and a petitioner relating to the proposed

adoption with any required redaction;

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Cross reference: See Code, Family Law Article, §§5-308 and 5-331

as to a Public Agency Adoption without Prior TPR; 5-308 and 5-345

as to a Public Agency Adoption after TPR; 5-3A-08 as to a Private

Agency Adoption; and 5-3B-07 as to an Independent Adoption.

(xi) (xii) If the adoption is subject to the Interstate

Compact on the Placement of Children, the appropriate ICPC

approval forms; and

Cross reference:

Code, Family Law Article, §5-601.

(xii) (xiii) A brief statement of the health of each

petitioner signed by a physician or other health care provider if

applicable; and

(xiv) If required, a notice of filing as prescribed by

Code, Family Law Article:

(1) §5-313 in a Public Agency Guardianship;

(2) §5-331 in a Public Agency Adoption without Prior

TPR; or

(3) §5-345 in a Public Agency Adoption after TPR.

(B) The following documents shall be filed before a

judgment of adoption is entered:

(i) Any post-placement report relating to the adoption,

if applicable;

Cross reference: See Code, Family Law Article, §§5-337 as to a

Public Agency Adoption without Prior TPR; 5-349 as to a Public

Agency Adoption after TPR; 5-3A-31 and 5-3A-34 as to a Private

Agency Adoption; and 5-3B-16 as to an Independent Adoption.

(ii) A brief statement of the health of the child by a

physician or other health care provider;

(iii) If required by law, an accounting of all payments

and disbursements of any money or item of value made by or on

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behalf of each petitioner in connection with the adoption;

Cross reference: See Code, Family Law Article, §5-327 (c) §5-3B24 as to an Independent Adoption.

(iv) An affidavit of counsel for a parent, if any, for a

minor parent or parent under a disability attesting to the

voluntariness of the parent's consent; required by Code, Family

Law Article:

(1) §5-307 in a Public Agency Guardianship;

(2) §§5-307 and 5-339 in a Public Agency Adoption

Before TPR;

(3) §§5-3A-07 and 5-3A-35 in a Private Agency Adoption;

or

(4) §§5-3B-06 and 5-3B-20 in an Independent Adoption.

(v) An affidavit of counsel for a child, if the child is

represented.

Cross reference: See Code, Family Law Article, §5-314 (b) §§5-337

as to a Public Agency Adoption without Prior TPR; 5-349 as to a

Public Agency Adoption after TPR; 5-3A-31 and 5-3A-34 as to a

Private Agency Adoption; and 5-3B-16 as to an Independent

Adoption.

(v) (vi) If the adoption is subject to the Interstate

Compact on the Placement of Children, the required post-placement

form;

(vi) (vii) A proposed judgment of adoption; and

(vii) (viii) A Department of Health and Mental Hygiene

Certificate of Adoption Form.

Cross reference:

(c)

Code, Health-General Article, §4-211 (f).

Petition for Guardianship

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A petition for guardianship shall state all facts required

by subsection (b)(1) of this Rule, to the extent that the

requirements are applicable and known to the petitioner.

It

shall be accompanied by all documents required to be filed as

exhibits by subsection (b)(2) of this Rule, to the extent the

documents are applicable.

The petition shall also state the

license number of the child placement agency.

Cross reference: See Code, Family Law Article, §5-317 (b) §§5-313

as to a Public Agency Guardianship and 5-3A-13 as to a Private

Agency Guardianship.

(d)

If Facts Unknown or Documents Unavailable

If a fact required by subsection (b)(1) or section (c) of

this Rule is unknown to a petitioner or if a document required by

subsection (b)(2) or section (c) is unavailable, the petitioner

shall so state and give the reason in the petition or in a

subsequent affidavit.

If a document required to be submitted

with the petition becomes available after the petition is filed,

the petitioner shall file it as soon as it becomes available.

(e)

Judgment from Foreign Country

When a judgment of adoption or guardianship is sought

pursuant to Code, Family Law Article, §5-313.1, an exemplified

copy of the judgment granted by the foreign jurisdiction shall be

filed with the petition.

Committee note: For exemplification procedure, see Federal Rule

of Civil Procedure 44 (a)(2).

(f) (e) Disclosure of Facts Known to Child Placement Agency

If any fact required by subsection (b)(1) of this Rule to

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be stated is known to a child placement agency and the agency

declines to disclose it to a petitioner, the agency shall

disclose the fact to the court in writing at the time the

petition is filed.

Source: This Rule is derived in part from former Rule D72, in

part from former Rule D80, and is in part new.

REPORTER’S NOTE

Section (a) has been changed to be consistent with the

caption of appellate cases set out in Rule 8-122.

Subsection (b)(2) contains changes to the list of exhibits

that include replacing the copy of a pre-placement report with a

copy of any existing adoption home study, criminal background

reports, or child abuse clearances; the addition of an affidavit

of a translator of any consent signed in any language other than

English; the addition of proof of guardianship or relinquishment

of parental rights granted by an official body of a state or

other jurisdiction with language suggested by the Committee that

includes any appropriate translation of documents; a notice of

filing with reference to the appropriate sections of the statute;

and an expansion of the affidavit of counsel to include counsel

for a parent and a child, with references to the appropriate

statute. Cross references to the statute have been added. These

changes conform to the new statute.

Section (c) has updated cross references.

Section (d) has not been changed.

Section (e) has been deleted.

Section (f) has been relettered (e) and has not otherwise

been changed.

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MARYLAND RULES OF PROCEDURE

TITLE 9 - FAMILY LAW ACTIONS

CHAPTER 100 - ADOPTION; GUARDIANSHIP TERMINATING

PARENTAL RIGHTS

AMEND Rule 9-104 by deleting the text of the existing Rule,

by adding a new section (a) referring to certain Code sections,

and by adding a new section (b) pertaining to a status

conference, as follows:

Rule 9-104.

NOTICE TO CONSENTING PERSONS OF FILING OF PETITION;

STATUS CONFERENCE

(a)

Upon the filing of a petition for adoption or

guardianship, the court shall send a notice of the filing to each

person whose parental rights have not previously been terminated

and who, pursuant to Rule 9-102, has consented to the adoption or

guardianship but has requested notice of the filing of the

petition.

If the person has also requested notice of further

proceedings concerning the adoption or guardianship, the court

shall send notice of any hearing to be held prior to the entry of

a judgment terminating that person's parental rights and of the

entry of any judgment terminating those parental rights.

(b)

Notice under this Rule shall be sent by first class mail

to the address given on the consent form unless the person has,

in writing, provided a new address.

(c)

The sending of notice pursuant to this Rule does not

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affect the consent signed by the person or give the person any

standing to participate in the action.

(a)

Notice of Filing of Petition

Notice of the filing of a petition for guardianship or

adoption shall be given as required by Code, Family Law Article:

(1) §5-315 in a Public Agency Guardianship;

(2) §5-333 in a Public Agency Adoption without Prior TPR;

(3) §5-346 in a Public Agency Adoption after TPR;

(4) §5-3A-14 in a Private Agency Guardianship;

(5) §5-3A-30 in a Private Agency Adoption; and

(6) §5-3B-14 in an Independent Adoption.

(b)

Status Conference

In a public agency guardianship or adoption, at the time

the notice of filing is sent, the court shall schedule a status

conference no later than 60 days after the filing of the

petition.

Source:

This Rule is new.

REPORTER’S NOTE

The title of the Rule has been changed. Notice requirements

are contained in the statute, which is referenced in Rule 9-104

(a), rather than the Rule repeating what the statute provides.

Section (b) was added at the request of practitioners in Child in

Need of Assistance cases to give the court the opportunity to see

how the public agency is progressing in the guardianship or

adoption.

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MARYLAND RULES OF PROCEDURE

TITLE 9 - FAMILY LAW ACTIONS

CHAPTER 100 - ADOPTION; GUARDIANSHIP TERMINATING

PARENTAL RIGHTS

AMEND Rule 9-105 by deleting language from and adding

language to section (a) referring to certain Code provisions; by

deleting existing subsection (a)(2); by deleting existing section

(b) and adding a new section (b) pertaining to the appointment of

an attorney for a disabled party; by adding a cross reference

after section (b); by deleting existing section (c); by

relettering certain sections; by modifying the service provisions

in relettered section (c) to refer to certain Code provisions; by

adding to relettered subsection (c)(3) language that includes a

reference to attaching a copy of the petition in certain

proceedings; by deleting existing section (f); by revising the

form of the show cause order to clarify it and conform it to

statutory changes; by making stylistic changes to the notice of

objection/request for appointment of attorney form and conforming

it to statutory changes; and by adding a new section (g)

referring to certain Code provisions for the form of notice for

service by publication and posting, as follows:

Rule 9-105.

SHOW CAUSE ORDER; DISABILITY OF A PARTY; OTHER

NOTICE

(a)

Requirement for Show Cause Order

(1) Generally

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Promptly Upon upon the filing of a petition for adoption

or guardianship, the court shall enter issue a show cause order

in substantially the form set forth in section (h) (e) of this

Rule unless all parties entitled to service of the show cause

order under section (b) of this Rule have consented to the

adoption or guardianship when required by Code, Family Law

Article:

(1) §5-316 in a Public Agency Guardianship;

(2) §5-334 in a Public Agency Adoption without Prior TPR;

(3) §5-3A-15 in a Private Agency Guardianship; or

(4) §5-3B-15 in an Independent Adoption.

If the petition seeks adoption of a minor, the show cause order

shall not divulge the name of the petitioner.

If the petition

seeks appointment of a guardian, the show cause order shall state

the name of the child placement agency seeking guardianship.

(2) (b)

Determination of Disability of a Appointment of

Attorney for Disabled Party

If the petition alleges facts that indicate that a party

has a disability, the court shall (A) appoint an attorney for the

party if the party is not represented, (B) set a prompt hearing

to determine whether the party has a disability that makes the

party incapable of consenting or participating in the proceeding,

and (C) cause subpoenas to be issued and served upon the

petitioner and the party requiring their attendance at the

hearing.

(1) If the parties agree that a party who is not represented

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has a disability that makes the party incapable of consenting or

participating effectively in the proceeding, the court shall

appoint an attorney who shall represent the disabled party

throughout the proceeding.

(2) If there is a dispute as to whether a party who is not

represented has a disability that makes the party incapable of

consenting or participating effectively in the proceeding, the

court shall:

(A) hold a hearing promptly to resolve the dispute;

(B) appoint an attorney to represent the alleged disabled

party at that hearing;

(C) provide notice of that hearing to all parties; and

(D) if the court finds at the hearing that the party has

such a disability, appoint an attorney who shall represent the

disabled party throughout the proceeding.

Cross reference: See Code, Family Law Article, §§5-307 as to a

Public Agency Guardianship; 5-307 as to a Public Agency Adoption

without Prior TPR; 5-3A-07 as to a Private Agency Guardianship;

and 5-3B-06 as to an Independent Adoption. For eligibility of an

individual for representation by the Office of the Public

Defender, see Code, Family Law Article, §5-307 and Code, Article

27A, §4.

(b)

Persons to be Served

(1) In Adoption Proceeding

(A) Subject to paragraphs (1)(B), (1)(C), (1)(D), and

(1)(E) of this section, if the petition seeks adoption, the show

cause order shall be served on (i) the person to be adopted, if

the person is 10 years old or older; (ii) the parents of the

person to be adopted; and (iii) any other person the court

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directs to be served.

(B) If the parental rights of the parents of the person to

be adopted have been terminated by a judgment of guardianship

with the right to consent to adoption, service shall be on the

guardian instead of the parents.

(C) If an attorney has been appointed to represent a parent

or the person to be adopted, service shall be on the attorney

instead of the parent or person to be adopted.

Cross reference:

See Rule 9-106 (a) concerning appointment of

attorney.

(D) If a person to be adopted has been adjudicated to be a

child in need of assistance in a prior juvenile proceeding and

the court is satisfied by affidavit or testimony that the

petitioner has made reasonable good faith efforts to serve the

show cause order on the person's parent by both certified mail

and private process at the addresses specified in Code, Family

Law Article, §5-322 (b) and at any other address actually known

to the petitioner as one where the parent may be found, the court

shall order notice to that parent by publication pursuant to

section (c) of this Rule.

(E) The show cause order need not be served on a person who

has executed a written consent pursuant to Rule 9-102.

(2) In a Guardianship Proceeding

(A) Subject to paragraphs (2)(B), (2)(C), and (2)(D) of

this section, if the petition seeks guardianship, the show cause

order shall be served on (i) the parents of the person for whom a

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guardian is to be appointed and (ii) any other person that the

court directs to be served.

(B) If an attorney has been appointed to represent a parent

or the person for whom a guardian is to be appointed, service

shall be on the attorney instead of the parent or person for whom

a guardian is to be appointed.

(C) If a person for whom a guardian is to be appointed has

been adjudicated to be a child in need of assistance in a prior

juvenile proceeding and the court is satisfied by affidavit or

testimony that the petitioner has made reasonable good faith

efforts to serve the show cause order on the person's parent by

both certified mail and private process at the addresses

specified in Code, Family Law Article, §5-322 (b) and at any

other address actually known to the petitioner as one where the

parent may be found, the court shall order notice to that parent

by publication pursuant to section (c) of this Rule.

(D) The show cause order need not be served on a person who

has executed a written consent pursuant to Rule 9-102.

(c)

Method of Service

Except as otherwise provided in this Rule, the show cause

order shall be served in the manner provided by Rule 2-121.

If

the court is satisfied by affidavit or testimony that the

petitioner or a parent, after reasonable efforts made in good

faith, has been unable to ascertain the identity or whereabouts

of a parent entitled to service under section (b) of this Rule,

the court may order, as to that parent, that the show cause order

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be published at least one time in one or more newspapers of

general circulation published in the county in which the petition

is filed and, if different, in the county of that parent's last

known address.

When a show cause order is published, unless the

court orders otherwise, the show cause order shall identify the

individual who is the subject of the proceeding only as "a child

born to" followed by the name of any known parent of the child

and shall set forth the month, year, county, and state of the

child's birth, to the extent known.

Cross reference: See Code, Family Law Article, §5-322 (e),

setting forth the efforts necessary to support a finding that a

reasonable, good faith effort has been made by a local department

of social services to locate a parent.

(c)

Service of Show Cause Order

(1)

Method of Service

The show cause order shall be served on those persons

and in the manner required by Code, Family Law Article:

(A) §5-316 in a Public Agency Guardianship;

(B) §5-334 in a Public Agency Adoption without Prior TPR;

(C) §5-3A-15 in a Private Agency Guardianship; or

(D) §5-3B-15 in an Independent Adoption.

(d) (2)

Time for Service

Unless the court orders otherwise, a show cause order that

is served in the manner provided by Rule 2-121 shall be served

within 90 days after the date it is issued.

If service is not

made within that period, a new show cause order shall be issued

at the request of the petitioner.

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(e) (3) Notice of Objection

A show cause order served pursuant to Rule 2-121 shall be

accompanied by served with two copies of a pre-captioned notice

of objection form in substantially the form set forth in section

(i) (f) of this Rule.

In a public agency guardianship or

adoption, a copy of the petition shall be attached.

(f)

Additional Notice in a Guardianship

The petitioner in an action for guardianship of a child

who has been adjudicated a child in need of assistance in a prior

juvenile proceeding shall also send a copy of the petition and

show cause order by first class mail to each attorney who

represented a parent and to the attorney who represented the

child in the juvenile proceeding.

(g) (d) Notice of Change of Name

If the person to be adopted is an adult and the petitioner

desires to change the name of the person to be adopted to a

surname other than that of the petitioner, notice of a proposed

change of name shall also be given in the manner provided in Rule

15-901.

(h) (e) Form of Show Cause Order

Except as provided in section (g) of this Rule, The the

show cause order shall be in substantially in the following form:

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IMPORTANT

THIS IS A COURT ORDER. IF YOU DO NOT UNDERSTAND WHAT THE ORDER

SAYS, HAVE SOMEONE EXPLAIN IT TO YOU. YOUR RIGHT TO AN ATTORNEY

IS EXPLAINED IN PARAGRAPH 3 OF THIS ORDER. IF YOU DO NOT MAKE

SURE THAT THE COURT RECEIVES YOUR NOTICE OF OBJECTION ON OR

BEFORE THE DEADLINE STATED IN PARAGRAPH 2 OF THIS ORDER, YOU HAVE

AGREED TO A TERMINATION OF YOUR PARENTAL RIGHTS.

IN THE MATTER OF A PETITION

IN THE

FOR ____________________________

(Adoption/Guardianship)

CIRCUIT COURT

FOR

OF ______________________________

(Name of Individual who is

the Subject of the Proceeding)

______________________

(County)

__________________________

(Docket Reference)

(Note to Drafter of Show Cause Order: For the form of the

caption of the Show Cause Order, see Rule 9-103 (a).)

SHOW CAUSE ORDER

TO:

________________________________________________________________

(Name of Person to be Served)

________________________________________________________________

________________________________________________________________

(Address, including County)

________________________________________________________________

(Relationship of person served to individual who is the subject

of the proceeding)

You are hereby notified that:

1. Filing of Petition.

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A petition has been filed for _______________________________

(Adoption/Guardianship)

of __________________________________________________________ who

(Name of individual who is the subject of the proceeding)

was born at __________________ on ______________________________.

(Birthplace)

(Date of Birth)

(If the petition is for guardianship, include the following

sentence:

The petition was filed by ________________________

_____________________________________________________________ ).

(Name of child placement agency seeking guardianship)

2. Right to Object; Time for Objecting

(A. This portion should be included when the show cause order

is to be served pursuant to Rule 2-121.)

If you wish to object to the _______________________________,

(Adoption/Guardianship)

you must file a notice of objection with the clerk of the court

at _____________________________________________________________

(Address of Courthouse)

within __________ days after this Order is served on you.

For

your convenience, a form notice of objection is attached to this

Order.

(B. This portion should be included when the show cause order

is to be published or posted.)

If you wish to object to the ________________________________

(adoption/guardianship)

you must file a notice of objection with the clerk of the court

on or before ____________ at ___________________________________.

(date)

(address of courthouse)

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WHETHER THE PETITION REQUESTS ADOPTION OR GUARDIANSHIP, IF YOU

DO NOT MAKE SURE THAT THE COURT RECEIVES YOUR NOTICE OF OBJECTION

ON OR BEFORE THE DEADLINE STATED ABOVE, YOU HAVE AGREED TO A THE

TERMINATION OF YOUR PARENTAL RIGHTS.

3. Right to an Attorney

(a) You have the right to consult speak with an attorney and

obtain independent legal advice.

(b) An attorney may already have been appointed for you based

on statements in the petition. If you have been notified that an

attorney has been appointed and has already contacted for you,

you should consult speak immediately with that attorney.

(c) If an attorney has not already contacted you, you may be

entitled to have the court appoint an attorney for you if:

(1) you are the person to be adopted and:

(A) you are at least ten years old but are not yet 18;

or

(B) you are at least ten years old and have a

disability that makes you incapable of consenting to the adoption

or of participating effectively in the proceeding.

(2) you are the person to be adopted or the person for whom

a guardian is sought and the proceeding involves the involuntary

termination of the parental rights of your parents.

(3) you are a parent of the person to be adopted or for

whom a guardian is sought and:

(A) you are under 18 years of age; or

(B) because of a disability, you are incapable of

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consenting to the adoption or guardianship or of participating

effectively in the proceeding; or

(C) you object to the adoption and cannot afford to hire

an attorney because you are indigent.

(Note to Drafter of Show Cause Order: Include only those of the

following paragraphs that are applicable to the type of

guardianship or adoption proceeding that has been filed.)

[In a Public Agency Adoption:]

(1) You are the person to be adopted.

[In a Private Agency Adoption:]

(1) You are the person to be adopted and

(A) you are at least 10 years old but are not yet 18; or

(B) you have a disability that makes you unable to

participate effectively in the adoption case.

[In an Independent Adoption:]

(1) You are the person to be adopted and

(A) you are at least 10 years old; and

(B) you have a disability that makes you unable to

participate effectively in the adoption case.

[In a Public Agency Guardianship or Adoption without Prior TPR:]

(2) you are a parent of the person to be adopted or for whom

a guardian is sought and:

(A) you are under 18 years of age; or

(B) you have a disability that makes you unable to

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participate effectively in the case; or

(C) you object to the guardianship or adoption and

cannot afford to hire an attorney because you are indigent.

[In a Private Agency Guardianship:]

(2) you are a parent of the person for whom a guardian is

sought; and

(A) you are under 18 years of age; or

(B) you have a disability that makes you unable to

participate effectively in the case.

[In an Independent Adoption:]

(2) you are a parent of the person to be adopted; and

(A) you are under 18 years of age; or

(B) you have a disability that makes you unable to

participate effectively in the case.

IF YOU BELIEVE YOU ARE ENTITLED TO HAVE THE COURT APPOINT

AN ATTORNEY FOR YOU AND YOU WANT AN ATTORNEY, YOU MUST NOTIFY THE

COURT BEFORE THE TIME YOUR NOTICE OF OBJECTION MUST BE FILED.

HOWEVER, EVEN IF YOU HAVE OR WANT TO HAVE AN ATTORNEY, YOU MUST

STILL FILE THE NOTICE OF OBJECTION ON OR BEFORE THE DEADLINE

STATED IN PARAGRAPH 2 OF THIS ORDER.

IF YOU DO NOT MAKE SURE

THAT THE COURT RECEIVES YOUR NOTICE OF OBJECTION ON OR BEFORE THE

DEADLINE STATED, YOU HAVE AGREED TO A THE TERMINATION OF YOUR

PARENTAL RIGHTS.

For your convenience, a request for appointment of an

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attorney is printed on the notice of objection form attached to

this Order. (Omit the last sentence from a published or posted

show cause order.)

(d) If you are a parent of the person to be adopted, you You

are entitled to consult an attorney chosen by you, even if you

are not entitled to an attorney appointed by the court.

If you

employ an attorney, you may be responsible for any fees and costs

charged by that attorney unless this is an adoption proceeding

and the adoptive parents agree to pay, or the court orders them

another party to pay all or part of those fees or expenses.

(e) If you wish further information concerning appointment of

an attorney by the court or concerning adoption counseling and

guidance, you may contact

____________________________________

(Name of Court Official)

____________________________________

(Address)

____________________________________

(Telephone Number)

4. Option to Receive Adoption Counseling

If this is an adoption proceeding, you also may have the

option to receive adoption counseling and guidance.

You may have

to pay for that service unless the adoptive parents agree another

party agrees to pay or the court orders them another party to pay

all or part of those charges.

Date of issue: ________________________________________________

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________________________________________________

(Judge)

(i) (f) Form of Notice of Objection

The notice of objection shall be in substantially in the

following form:

IN THE MATTER OF A PETITION

IN THE

FOR ______________________________

(Adoption/Guardianship)

CIRCUIT COURT FOR

OF ____________________________

(Name of individual who is

the subject of the proceeding)

____________________________

(County)

____________________________

(Docket Reference)

(Note to Drafter of the Notice of Objection/Request for

Appointment of Attorney: For the caption of the form, see Rule

9-103 (a).)

NOTICE OF OBJECTION/REQUEST FOR APPOINTMENT OF ATTORNEY

(Instructions to the person served with the show cause order:

IF YOU WISH TO OBJECT, YOU MUST MAKE SURE THAT THE COURT

RECEIVES YOUR NOTICE OF OBJECTION ON OR BEFORE THE DEADLINE

STATED IN THE SHOW CAUSE ORDER.

You may use this form to do so.

You need only sign this form, print or type your name, address,

and telephone number underneath your signature, and mail or

deliver it to the court at the address shown in paragraph 2 of

the show cause order.

IF THE COURT HAS NOT RECEIVED YOUR NOTICE

OF OBJECTION ON OR BEFORE THE DEADLINE STATED IN PARAGRAPH 2 OF

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THE SHOW CAUSE ORDER, YOU HAVE AGREED TO A THE TERMINATION OF

YOUR PARENTAL RIGHTS.

If you wish to state your reasons, you may

state them on this sheet.)

1.

I object to the _________________________________ of the

(Adoption/Guardianship)

above-named individual.

My reasons for objecting are as follows:

________________________________________________________________

________________________________________________________________

________________________________________________________________

________________________________________________________________

2.

I do/do not want the Court to appoint an attorney to

(Circle one)

represent me. If I circled that I do want the court to appoint

an attorney for me, I believe that I am entitled to a courtappointed attorney because:

(Check appropriate box or boxes)

[

] I am the person to be adopted and:

[

] I am at least ten years old but am not yet 18; or

[

] I am at least ten years old and I have a

disability that makes me incapable of consenting to the adoption

or of participating effectively in the proceeding; or

[

] the proceeding involves the involuntary termination

of the parental rights of my parents.

[

] I am a parent of the person to be adopted or for whom a

guardian is sought and:

[

] I am under 18 years of age; or

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[

] because of a disability, I am incapable of

consenting to the adoption or guardianship or of participating

effectively in the proceeding; or

[

] I object to the adoption or guardianship and cannot

afford to hire an attorney because I am indigent.

(Note to Drafter of the Notice of Objection/Request for

Appointment of Attorney: Include only those of the following

paragraphs which are applicable to the type of guardianship or

adoption proceeding that has been filed.)

[In a Public Agency Adoption:]

[ ] I am the person to be adopted.

[In a Private Agency Adoption:]

[ ] I am the person to be adopted and

[ ] I am at least 10 years old but are not yet 18.

[ ] I have a disability that makes me unable to

participate effectively in the adoption case.

[In an Independent Adoption:]

[ ] I am the person to be adopted and

[ ] I am at least 10 years old, and I have a disability

that makes me unable to participate effectively in

the adoption case.

[In a Public Agency Guardianship or Adoption without Prior TPR:]

[ ] I am the parent of the person to be adopted or placed

under guardianship and:

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[ ] I am under 18 years of age.

[ ] I have a disability that makes me unable to

participate effectively in the case.

[ ] I object to the guardianship or adoption and cannot

afford to hire an attorney because I am indigent.

[In a Private Agency Guardianship:]

[ ] I am the parent of the person to be placed under

guardianship and:

[ ] I am under 18 year of age.

[ ] I have a disability that makes me unable to

participate effectively in the case.

[In an Independent Adoption:]

[ ] I am the parent of the person to be adopted and:

[ ] I am under 18 years of age.

[ ] I have a disability that makes me unable to

participate effectively in the case.

_______________________________________

(Signature)

_______________________________________

(Name, printed or typed)

_______________________________________

(Address)

_______________________________________

(Telephone Number)

(g)

Form of Notice for Service by Publication and Posting

The notice for service by publication and posting shall

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be in the form required by Code, Family Law Article:

(1) §5-316 in a Public Agency Guardianship;

(2) §5-334 in a Public Agency Adoption without Prior TPR;

(3) §5-3A-15 in a Private Agency Guardianship; or

(4) §5-3B-15 in an Independent Adoption.

Committee note: See Rule 9-103 (a). The caption of the petition

designated in the show cause order is different from the caption

of the case record referred to in Rule 9-103, which is kept by

the clerk. The caption in the show cause order preserves the

anonymity of the prospective adoptive parents. The caption in

the case record preserves the anonymity of the adoptee.

Source: This Rule is in part derived from former Rule D74 and is

in part new.

REPORTER’S NOTE

Section (a) has references to the new statute added.

Section (b) has been restyled and has new language providing

when an attorney will be appointed for an unrepresented party

with a disability or an alleged disability, a change suggested to

conform to practice. It also has cross references to the new

statute added to it.

Section (c) has been rewritten to refer to conform to the

new statute. Language requiring that a copy of the petition

shall be attached in a public agency guardianship or adoption has

been added to conform to the statute.

Former section (f) has been deleted, because it has been

superseded by the statute.

Existing section (g) has been relettered (d), with no

changes.

Existing section (h) has been relettered (e). Language has

been added referring to Rule 9-103 concerning captioning of the

show cause order. Language has been added to the show cause

order to clarify which of the disabilities of the parent listed

in the statute would apply.

Section (i) has been relettered (f). Added to the section

is a new reference to Rule 9-103 concerning the caption of the

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Notice of Objection/Request for Attorney form. Language has been

added to the section of the form pertaining to the parent to

clarify which of the disabilities listed in the statute would

apply.

Section (g), Form of Notice for Service by Publication and

Posting, is new and refers to the new statute.

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MARYLAND RULES OF PROCEDURE

TITLE 9 - FAMILY LAW ACTIONS

CHAPTER 100 - ADOPTION; GUARDIANSHIP TERMINATING

PARENTAL RIGHTS

AMEND Rule 9-106 by deleting section (a) and replacing it

with references to certain Code provisions pertaining to

appointment of an attorney; by adding a new section (b) and cross

references after section (b) pertaining to payment of attorneys’

fees; by adding a new section (c) pertaining to an affidavit of

attorney; by deleting the text of existing section (b),

relettering the section (d), and replacing the text of the

section with references to certain Code provisions and new

language pertaining to investigations; by deleting existing

section (c); and by relettering the Rule, as follows:

Rule 9-106.

APPOINTMENT OF ATTORNEY - ATTORNEY AFFIDAVIT -

INVESTIGATION

(a)

Appointment of Attorney

The court shall appoint an attorney for any person

entitled to the appointment pursuant to Code, Family Law Article,

§5-323.

The court may appoint an attorney for a minor who is not

otherwise entitled by statute to a court-appointed attorney.

If

the petition shows that a person is entitled to a court-appointed

attorney, the court shall appoint an attorney for that person

promptly after the filing of the petition.

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The court shall appoint an attorney for a party when

required by Code, Family Law Article:

(1) §5-307 in a Public Agency Guardianship;

(2) §5-307 in a Public Agency Adoption without Prior TPR;

(3) §5-307 in a Public Agency Adoption after TPR;

(4) §5-3A-07 in a Private Agency Guardianship;

(5) §5-3A-07 in a Private Agency Adoption; or

(6) §5-3B-6 in an Independent Adoption.

(b)

Payment of Attorney’s Fees

Even if the prospective adoptee is not entitled to a

court-appointed attorney, the person is entitled to consult an

attorney chosen by that person.

The adoptive parents or agency

may agree to pay all or part of the attorney’s fees on behalf of

the person, or the court may order the adoptive parents or agency

to do so.

Cross reference: See Code, Family Law Article, §§5-309 as to a

Public Agency Guardianship; 5-309 as to a Public Agency Adoption

without Prior TPR; 5-3A-09 as to a Private Agency Guardianship;

and 5-3B-08 as to an Independent Adoption. See In Re Adoption

No. A91-71A, 334 Md. 538 (1994).

(c)

Affidavit of Attorney

(1) With a Parental Consent

The attorney shall file an affidavit in the applicable

form set forth at the end of this Title with a consent signed by

a parent when required by Code, Family Law Article:

(A) §5-321 in a Public Agency Guardianship;

(B) §5-339 in a Public Agency Adoption without Prior TPR;

(C) §5-3A-19 in a Private Agency Guardianship; or

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(D) §5-3B-21 in an Independent Adoption.

(2)

With a Consent of a Prospective Adoptee

The attorney shall file an affidavit in the applicable

form set forth at the end of this Title with a consent signed by

a prospective adoptee if the adoptee is represented and

(A) is a minor; or

(B) has a disability that makes the prospective adoptee

incapable of effectively participating in a case.

Cross reference: See Rule 9-102 (c)(3).

(b) (d) Investigation by Court

If the proceeding is contested, the court shall order an

investigation of the facts of the case and if the proceeding is

uncontested, the court may order an investigation.

The court may

designate any person or agency to conduct the investigation.

That person or agency shall report the findings of the

investigation to the court in writing and, also, if requested by

the court, the recommendation of the person or agency.

(1)

Optional

The court may order an investigation as provided by

Code, Family Law Article:

(A) §5-317 in a Public Agency Guardianship;

(B) §5-3A-16 in a Private Agency Guardianship; or

(C) §5-3B-16 in an Independent Adoption.

(2)

Mandatory

The court shall order an investigation in a

nonconsensual Independent Adoption as provided in Code, Family

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Law Article, §5-3B-16.

(3)

Recommendation of Investigator

If requested by the court, the report of any

investigation may include the recommendation of the investigator.

(4)

In Writing

The report of any investigation shall be submitted to

the court in writing and filed among the records of the

proceeding.

(c) Reports

The reports of any investigation shall be filed among the

records of the proceeding.

Source:

This Rule is derived from former Rule D75 new.

REPORTER’S NOTE

Section (a) references the new statute.

Sections (b), (c), and (d) are new and were added to conform

to the new statute.

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MARYLAND RULES OF PROCEDURE

TITLE 9 - FAMILY LAW ACTIONS

CHAPTER 100 - ADOPTION; GUARDIANSHIP TERMINATING

PARENTAL RIGHTS

AMEND Rule 9-107 by deleting language from subsection (b)(4)

and replacing it with new language that conforms to statutory

changes, by changing the words “the petitioner” to the words “all

parties” in section (c), and by changing the words “the

petitioner” to the words “any party” in sections (d) and (e), as

follows:

Rule 9-107.

(a)

OBJECTION

In General

Any person having a right to participate in a proceeding

for adoption or guardianship may file a notice of objection to

the adoption or guardianship.

The notice may include a statement

of the reasons for the objection and a request for the

appointment of an attorney.

Cross reference: See Rule 9-105 for Form of Notice of Objection.

(b)

Time for Filing Objection

(1) In General

Except as provided by subsections (b)(2) and (b)(3) of

this Rule, any notice of objection to an adoption or guardianship

shall be filed within 30 days after the show cause order is

served.

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(2) Service Outside of the State

If the show cause order is served outside the State but

within the United States, the time for filing a notice of

objection shall be within 60 days after service.

(3) Service Outside of the United States

If the show cause order is served outside the United

States, the time for filing a notice of objection shall be within

90 days after service.

(4) Service by Publication or Posting in a Newspaper and on

Website

If the show cause order is served by publication or

posting, the time for filing a notice of objection shall be the

date stated in the show cause order, which shall be not earlier

than 30 days after the posting or first publication of the show

cause order.

If the court orders service by publication, the

deadline for filing a notice of objection shall be not less than

thirty (30) days from the later of (A) the date that the notice

is published in a newspaper or (B) the last day that the notice

is published on the Maryland Department of Human Resources

website.

(c)

Service

The clerk shall serve a copy of any notice of objection on

the petitioner all parties in the manner provided by Rule 1-321.

(d)

Response

Within ten 10 days after being served with a notice of

objection, the petitioner any party may file a response

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challenging the standing of the person to file the notice or the

timeliness of the filing of notice of objection.

(e)

Hearing

If the petitioner any party files a response, the court

shall hold a hearing promptly on the issues raised in the

response.

(f)

Access to Records

If the court determines that the person filing the notice

of objection has standing to do so and that the notice is timely

filed, it shall enter an order permitting the person to inspect

the papers filed in the proceeding subject to reasonable

conditions imposed in the order.

Source: This Rule is derived in part from former Rule D76 and is

in part new.

REPORTER’S NOTE

Rule 9-107 contains a change in subsection (b)(4) conforming

the procedure for publication to that required by the new statute

and adding in a time limit similar to the one provided for in

Rule 2-321 to conform the procedure to similar procedures in

other Rules. Sections (c), (d), and (e) have been modified to

broaden the scope of the Rule by replacing the word “petitioner”

with the word “party” or “parties.”

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MARYLAND RULES OF PROCEDURE

TITLE 9 - FAMILY LAW ACTIONS

CHAPTER 100 - ADOPTION; GUARDIANSHIP TERMINATING

PARENTAL RIGHTS

AMEND Rule 9-108 by adding a new cross reference, as

follows:

Rule 9-108.

TEMPORARY CUSTODY

The court may make an award of temporary custody of a minor

prior to a hearing.

Cross reference: See Code, Family Law Article, §5-3B-12.

Source:

This Rule is derived from former Rule D78 (d).

REPORTER’S NOTE

A cross reference to the statute has been added to Rule 9108.

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MARYLAND RULES OF PROCEDURE

TITLE 9 - FAMILY LAW ACTIONS

CHAPTER 100 - ADOPTION; GUARDIANSHIP TERMINATING

PARENTAL RIGHTS

AMEND Rule 9-109 by adding references to certain Code

provisions to subsection (a)(1); by making optional the holding

of a hearing in a consensual public or private agency

guardianship; by adding a cross reference after subsection

(a)(2); by deleting section (b); by adding a new subsection

(b)(2) referring to certain Code provisions; by changing the

words “in order” to the word “filed” in subsection (b)(3)(D); by

revising subsection (b)(3)(F) to apply only to a nonconsensual

independent adoption, including a reference to certain Code

provisions; and by adding a cross reference after subsection

(b)(3)(I), as follows:

Rule 9-109.

(a)

HEARING ON MERITS

Requirement

(1)

Generally

The court shall hold a hearing and make findings on the

record on the merits in of a contested guardianship action and in

every or adoption action prior to entering a judgment of adoption

or guardianship. petition as provided by Code, Family Law

Article:

(A) §5-318 in a nonconsensual Public Agency Guardianship;

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(B) §5-335 in a Public Agency Adoption without Prior TPR;

(C) §5-347 in a Public Agency Adoption after TPR;

(D) §5-3A-32 in a Private Agency Adoption; or

(E) §5-3B-17 in an Independent Adoption.

(2)

Guardianship

The court may hold a hearing on the merits in any

guardianship action.

The hearing shall be on the record. of a

consensual Public or Private Agency Guardianship petition.

Cross reference: See Code, Family Law Article, §5-318 as to

Public Agency Guardianship.

(b)

Guardianship

When the court holds a hearing in a guardianship action,

it shall make the findings required by Code, Family Law Article,

§5-313 on the record.

(c) (b)

Adoption

(1) Persons Present at Hearing

Unless excused for good cause shown, each petitioner and

the person to be adopted shall be present at the hearing on the

merits in an adoption action.

The hearing shall be conducted out

of the presence of all persons other than the petitioners, the

person to be adopted, and those persons whose presence the court

deems necessary or desirable.

Committee note: Social policy against public disclosure of

adoption proceedings compels all hearings to be as private as

possible. This Rule leaves to the discretion of the trial court

the extent to which this consideration must be relaxed in the

interest of fair trial.

(2)

Considerations

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In ruling on a petition for adoption, the court shall

make the considerations required by Code, Family Law Article:

(A) §5-337 in a Public Agency Adoption without Prior TPR;

(B) §5-349 in a Public Agency Adoption after TPR;

(C) §5-3A-34 in a Private Agency Adoption; or

(D) §5-3B-19 in an Independent Adoption.

(2) (3)

Findings by the Court

In an adoption action, the court shall determine on the

record whether:

(A) Necessary consents have been filed;

(B) Any required consents have been revoked;

Cross reference:

Rules 9-111 (b) and 9-112 (a).

(C) Appropriate notices have been served;

(D) Any investigative reports are in order have been filed;

(E) All questioned or disputed issues have been resolved;

(F) In a contested case a nonconsensual independent

adoption, where adoption will terminate a parent's rights, the

parents are unfit or extraordinary circumstances exist whether

the findings required by Code, Family Law Article, §5-3B-21 have

been met;

(G) The adoptive parents are fit and proper to be the

parents of the person to be adopted;

(H) The best interests of the person to be adopted will be

served by the adoption; and

(I) Other appropriate matters have been resolved.

Cross reference:

See Code, Family Law Article, §§5-337 as to a

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Public Agency Adoption without Prior TPR; 5-349 as to a Public

Agency Adoption after TPR; 5-3A-34 as to a Private Agency

Adoption; and 5-3B-19, 5-3B-22, and 5-3B-23 as to an Independent

Adoption.

Source: This Rule is in part derived from former Rule D77 and is

in part new.

REPORTER’S NOTE

Section (a) has been changed to refer to the new statute.

Existing section (b) has been deleted, and the remaining

sections have been relettered.

Subsection (c)(1) is relettered (b)(1) and has not otherwise

been changed. Subsection (b)(2) is new and refers to the

statute.

Subsection (c)(2) is relettered (b)(3) and amended to

conform to the new statute. A cross reference to the new statute

has been added after the subsection.

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MARYLAND RULES OF PROCEDURE

TITLE 9 - FAMILY LAW ACTIONS

CHAPTER 100 - ADOPTION; GUARDIANSHIP TERMINATING

PARENTAL RIGHTS

AMEND Rule 9-110 by updating the cross reference at the end

of the Rule and to make a stylistic change, as follows:

Rule 9-110.

(a)

ACCOUNTING REPORT

Duty to File

In an independent adoption other than an adoption by a

stepparent or relative of the person to be adopted, each

petitioner shall file an accounting report before the entry of a

final judgment of adoption.

(b)

Contents

The accounting report shall include:

(1) a statement of all payments and disbursements of money or

any item anything of value, including benefits in kind, made by

or on behalf of any petitioner in connection with the adoption;

(2) the approximate date the payment or disbursement was made

or the benefit was provided;

(3) the name of the payee and the beneficiary; and

(4) the amount of the payment or disbursement or the

reasonable value of the benefit provided.

The court may require the production of documentation to

substantiate the accounting report.

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Cross reference: See Code, Family Law Article, §§5-321 and 5-327

(c) §5-3B-24 as to an Independent Adoption.

Source:

This Rule is new.

REPORTER’S NOTE

Rule 9-110 has not been changed, except for an updated cross

reference and a stylistic change.

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MARYLAND RULES OF PROCEDURE

TITLE 9 - FAMILY LAW ACTIONS

CHAPTER 100 - ADOPTION; GUARDIANSHIP TERMINATING

PARENTAL RIGHTS

AMEND Rule 9-111 by deleting language from section (a) and

adding language referring to certain Code provisions, by deleting

the words “natural or biological” from section (e), and by

updating statutory references in the Committee note at the end of

the Rule, as follows:

Rule 9-111.

(a)

JUDGMENT OF ADOPTION OR GUARDIANSHIP

Time

The court may not

This text is long and has been trimmed here. Open the source document for the complete record.