IN THE COURT OF APPEALS OF MARYLAND

IN THE COURT OF APPEALS OF MARYLAND

R U L E S

O R D E R

This Court’s Standing Committee on Rules of Practice and

Procedure having submitted its One Hundred Fifty-Eighth Report to

the Court recommending adoption of proposed new Title 7, Chapter

500 (Appeals from the Orphans’ Court to the Circuit Court) and

Rule 6.1 (Appeal of Denial of ADA Test Accommodation) of the

Rules Governing Admission to the Bar of Maryland and proposed

amendments to Rules 1-101, 1-312, 1-326, 2-341, 2-402, 2-421,

2-422, 2-424, 2-432, 2-433, 2-504, 2-504.1, 2-509, 2-510, 2-511,

2-512, 2-521, 2-522, 3-510, 4-215, 4-217, 4-242, 4-246, 4-262,

4-263, 4-264, 4-265, 4-301, 4-312, 4-313, 4-314, 4-326, 4-327,

4-341, 4-502, 4-503, 4-643, 5-101, 5-606, 5-609, 5-803, 5-902,

6-122, 6-413, 6-451, 6-455, 6-463, 6-464, 8-111, 8-204, 10-202,

10-203, 10-205, 10-213, 10-301, 10-302, 10-304, 13-102, 15-207,

16-107, 16-307, 16-308, 16-602, 16-608, 16-610, 16-701, 16-731,

16-735, 16-737, 16-743, 16-751, 16-771, 16-808, 16-813, 16-815,

16-1004, and 16-1006; Forms 4-503.1 and 4-503.2; Appendix: Form

Interrogatories, Form 3 and Form 7; Appendix:

The Maryland

Lawyers’ Rules of Professional Conduct, Rules 3.5 and 8.1;

Appendix:

Maryland Code of Conduct for Court Interpreters, Canon

3; and Rules 1, 6, 9, 13, and 22 of the Rules Governing Admission

to the Bar of Maryland, all as set forth in that Report published

in the Maryland Register, Vol. 34, Issue 21, pages 1845 - 1908

(October 12, 2007); and

This Court having considered at an open meeting, notice of

which was posted as prescribed by law, all those proposed rules

changes, together with the comments received, and making certain

amendments to the proposed rules changes on its own motion, it is

this 4th day of December, 2007,

ORDERED, by the Court of Appeals of Maryland, that new Title

7, Chapter 500 and Rule 6.1 of the Rules Governing Admission to

the Bar of Maryland be, and they are hereby, adopted in the form

previously published; and it is further

ORDERED that amendments to Rules 1-101, 1-312, 1-326, 2-341,

2-402, 2-421, 2-422, 2-424, 2-432, 2-433, 2-504, 2-504.1, 2-509,

2-510, 2-511, 2-512, 2-521, 2-522, 3-510, 4-215, 4-217, 4-242,

4-264, 4-312, 4-313, 4-314, 4-326, 4-327, 4-341, 4-502, 4-503,

4-643, 5-101, 5-606, 5-609, 5-803, 5-902, 6-122, 6-413, 6-451,

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6-455, 6-463, 6-464, 8-111, 8-204, 10-202, 10-203, 10-205,

10-213, 10-301, 10-302, 10-304, 13-102, 16-107, 16-307, 16-308,

16-602, 16-608, 16-610, 16-735, 16-737, 16-743, 16-808, 16-815,

16-1004, and 16-1006; Forms 4-503.1 and 4-503.2; Appendix: Form

Interrogatories, Form 3 and Form 7; Appendix:

The Maryland

Lawyers’ Rules of Professional Conduct, Rule 3.5; Appendix:

Maryland Code of Conduct for Court Interpreters, Canon 3; and

Rules 1, 6, 9, 13, and 22 of the Rules Governing Admission to the

Bar of Maryland be, and they are hereby, adopted in the form

previously published; and it is further

ORDERED that amendments to Rules 4-246, 4-265, and 16-813

be, and they are hereby, adopted in the form attached to this

Order; and it is further

ORDERED that consideration of proposed amendments to Rules

4-262, 4-263, 4-301, 15-207, 16-701, 16-731, 16-751, and 16-771

and Rule 8.1 of the Maryland Lawyers’ Rules of Professional

Conduct be, and they are hereby, deferred pending further study

by this Court, and it is further

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ORDERED that the amendments to Rules 16-602, 16-608, and 16610 hereby adopted by this Court shall take effect April 1, 2008;

and it is further

ORDERED that new Rule 6.1 and the amendments to Rules 1, 6,

9, and 13 of the Rules Governing Admission to the Bar of Maryland

hereby adopted by this Court shall take effect June 1, 2008; and

it is further

ORDERED that all other rules changes hereby adopted by this

Court shall govern the courts of this State and all parties and

their attorneys in all actions and proceedings, and shall take

effect and apply to all actions commenced on or after the 1st day

of January, 2008, and insofar as practicable, to all actions then

pending; and it is further

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ORDERED that a copy of this Order be published in the next

issue of the Maryland Register.

/s/ Robert M. Bell

___________________________________

Robert M. Bell

/s/ Irma S. Raker

___________________________________

Irma S. Raker

/s/ Glenn T. Harrell, Jr.

___________________________________

Glenn T. Harrell, Jr.

/s/ Lynne A. Battaglia

___________________________________

Lynne A. Battaglia

/s/ Clayton Greene, Jr.

___________________________________

Clayton Greene, Jr.

Filed: December 4, 2007

/s/ Alexander L. Cummings

______________________________

Clerk

Court of Appeals of Maryland

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MARYLAND RULES OF PROCEDURE

TITLE 1 - GENERAL PROVISIONS

CHAPTER 100 - APPLICABILITY AND CITATION

AMEND Rule 1-101 to provide that the Rules in Title 4 apply

to expungement of certain records of civil offenses or

infractions, as follows:

Rule 1-101.

APPLICABILITY

. . .

(d)

Title 4

Title 4 applies to criminal matters,; post conviction

procedures,; and expungement of records in the District Court and

the circuit courts, including records of civil offenses or

infractions, except juvenile offenses, under a State or local law

enacted as a substitute for a criminal charge.

. . .

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MARYLAND RULES OF PROCEDURE

TITLE 1 - GENERAL PROVISIONS

CHAPTER 300 - GENERAL PROVISIONS

AMEND Rule 1-312 to correct internal references, as follows:

Rule 1-312.

(a)

REQUIREMENTS OF SIGNING ATTORNEY

General

In addition to having been admitted to practice law in

this State, an attorney signing a pleading or paper in compliance

with Rule 1-311 shall comply with one of the following three

requirements.

The attorney shall:

(1) maintain an office for the practice of law in the United

States;

(2) be a regular employee of an agency of government or of a

business or other nongovernmental organization or association and

be authorized to sign pleadings on behalf of the employer. The

attorney shall not sign pleadings and papers on behalf of other

clients unless both of the following requirements are met: (A) a

substantial portion of the attorney's duties performed for the

regular employer in the regular course of employment must

constitute the practice of law, and (B) the office address as

shown on the pleadings must be located in the United States and a

substantial amount of the attorney's time must be spent in that

office during ordinary business hours in the traditional work

week; or

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(3) have a practice limited exclusively to participation in a

legal services or pro bono publico program sponsored or supported

by a local Bar Association as defined by Rule 16-701 b 16-811 e

1, the Maryland State Bar Association, an affiliated bar

foundation, or the Maryland Legal Services Corporation, and the

attorney shall include on the pleading or paper the address and

telephone number of (A) the legal services or pro bono publico

program in which the attorney is practicing, or (B) the

attorney's primary residence, which shall be in the United

States.

Cross reference:

Rule 16-811 f 1 16-811 e 2.

. . .

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MARYLAND RULES OF PROCEDURE

TITLE 1 - GENERAL PROVISIONS

CHAPTER 300 - GENERAL PROVISIONS

AMEND Rule 1-326 to add a reference to Title 8 in section

(a), as follows:

Rule 1-326.

PROCEEDINGS REGARDING VICTIMS AND VICTIMS’

REPRESENTATIVES

(a)

Entry of Appearance

An attorney may enter an appearance on behalf of a victim

or a victim's representative in a proceeding under Title 4, Title

8, or Title 11 of these Rules for the purpose of representing the

rights of the victim or victim's representative.

. . .

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MARYLAND RULES OF PROCEDURE

TITLE 2 - CIVIL PROCEDURE -- CIRCUIT COURT

CHAPTER 300 - PLEADINGS AND MOTIONS

AMEND Rule 2-341 to add clarifying language to section (e),

as follows:

Rule 2-341.

AMENDMENT OF PLEADINGS

. . .

(e)

Highlighting of Amendments

Unless the court orders otherwise, a party filing an

amended pleading also shall also file at the same time a

comparison copy of the amended pleading showing by lining through

or enclosing in brackets material that has been stricken and by

underlining or setting forth in bold-faced type new material.

. . .

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MARYLAND RULES OF PROCEDURE

TITLE 2 - CIVIL PROCEDURE -- CIRCUIT COURT

CHAPTER 400 - DISCOVERY

AMEND Rule 2-402 to add a reference to “electronically

stored information,” to delete certain language from subsection

(b)(1) and add the word “modify” to it, to add a new subsection

(b)(2) pertaining to electronically stored information not

reasonably accessible, to add a new section (e) pertaining to

claims of privilege or protection, to change internal references,

to add Committee notes, and to make stylistic changes, as

follows:

Rule 2-402.

SCOPE OF DISCOVERY

Unless otherwise limited by order of the court in accordance

with these rules, the scope of discovery is as follows:

(a)

Generally

A party may obtain discovery regarding any matter, that is

not privileged, including the existence, description, nature,

custody, condition, and location of any documents, electronically

stored information, or other and tangible things and the identity

and location of persons having knowledge of any discoverable

matter, if the matter sought is relevant to the subject matter

involved in the action, whether it relates to the claim or

defense of the party seeking discovery or to the claim or defense

of any other party.

It is not ground for objection that the

information sought is already known to or otherwise obtainable by

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the party seeking discovery or that the information will be

inadmissible at the trial if the information sought appears

reasonably calculated to lead to the discovery of admissible

evidence.

An interrogatory or deposition question otherwise

proper is not objectionable merely because the response involves

an opinion or contention that relates to fact or the application

of law to fact.

(b)

Alterations Limitations and Modifications; Electronically

Stored Information Not Reasonably Accessible

(1) Generally

In a particular case, the court, on motion or on its own

initiative and after consultation with the parties, by order may

limit or alter the limits in modify these rules on the length and

number of depositions, the number of interrogatories, the number

of requests for production of documents, and the number of

requests for admissions.

The court shall limit the frequency or

extent of use of the discovery methods otherwise permitted under

these rules if it determines that (1) (A) the discovery sought is

unreasonably cumulative or duplicative or is obtainable from some

other source that is more convenient, less burdensome, or less

expensive; (2) (B) the party seeking discovery has had ample

opportunity by discovery in the action to obtain the information

sought; or (3) (C) the burden or expense cost of the proposed

discovery outweighs its likely benefit, taking into account the

complexity of the case, the amount in controversy, the parties'

resources, the importance of the issues at stake in the

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litigation, and the importance of the proposed discovery in

resolving the issues.

(2) Electronically Stored Information Not Reasonably

Accessible

A party may decline to provide discovery of

electronically stored information on the ground that the sources

are not reasonably accessible because of undue burden or cost.

A

party who declines to provide discovery on this ground shall

identify the sources alleged to be not reasonably accessible and

state the reasons why production from each identified source

would cause undue burden or cost.

The statement of reasons shall

provide enough detail to enable the requesting party to evaluate

the burdens and costs of providing the discovery and the

likelihood of finding responsive information in the identified

sources.

On a motion to compel discovery, the party from whom

discovery is sought shall first establish that the information is

not reasonably accessible because of undue burden or cost.

If

that showing is made, the party requesting discovery shall

establish that its need for the discovery outweighs the burden

and cost of locating, retrieving, and producing the information.

If persuaded that the need for discovery does outweigh the burden

and cost, the court may order discovery and specify conditions,

including an assessment of costs.

Committee note: The term “electronically stored information” has

the same broad meaning in this Rule that it has in Rule 2-422,

encompassing, without exception, whatever is stored

electronically. Subsection (b)(2) addresses the difficulties

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that may be associated with locating, retrieving, and providing

discovery of some electronically stored information. Ordinarily,

the reasonable costs of retrieving and reviewing electronically

stored information are borne by the responding party. At times,

however, the information sought is not reasonably available to

the responding party in the ordinary course of business. For

example, restoring deleted data, disaster recovery tapes,

residual data, or legacy systems may involve extraordinary effort

or resources to restore the data to an accessible format. This

subsection empowers the court, after considering the factors

listed in subsection (b)(1), to shift or share costs if the

demand is unduly burdensome because of the nature of the effort

involved to comply and the requesting party has demonstrated

substantial need or justification. See, The Sedona Conference,

The Sedona Principles: Best Practices Recommendations and

Principles for Addressing Electronic Document Production, (2d ed.

2007), Principle 13 and related Comment.

(c)

Insurance Agreement

A party may obtain discovery of the existence and contents

of any insurance agreement under which any person carrying on an

insurance business might be liable to satisfy part or all of a

judgment that might be entered in the action or to indemnify or

reimburse for payments made to satisfy the judgment.

Information

concerning the insurance agreement is not by reason of disclosure

admissible in evidence at trial.

For purposes of this section,

an application for insurance shall not be treated as part of an

insurance agreement.

(d)

Trial Preparation - Materials Work Product

Subject to the provisions of sections (e) and (f) (f) and

(g) of this Rule, a party may obtain discovery of documents,

electronically stored information, or other and tangible things

prepared in anticipation of litigation or for trial by or for

another party or by or for that other party's representative

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(including an attorney, consultant, surety, indemnitor, insurer,

or agent) only upon a showing that the materials are discoverable

under section (a) of this Rule and that the party seeking

discovery has substantial need for the materials in the

preparation of the case and is unable without undue hardship to

obtain the substantial equivalent of the materials by other

means.

In ordering discovery of these materials when the

required showing has been made, the court shall protect against

disclosure of the mental impressions, conclusions, opinions, or

legal theories of an attorney or other representative of a party

concerning the litigation.

(e)

Claims of Privilege or Protection

(1)

Information Withheld

A party who withholds information on the ground that it

is privileged or subject to protection shall describe the nature

of the documents, electronically stored information,

communications, or things not produced or disclosed in a manner

that, without revealing the privileged or protected information,

will enable other parties to assess the applicability of the

privilege or protection.

(2)

Information Produced

Within a reasonable time after information is produced

in discovery that is subject to a claim of privilege or of

protection, the party who produced the information shall notify

each party who received the information of the claim and the

basis for it.

Promptly after being notified, each receiving

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party shall return, sequester, or destroy the specified

information and any copies and may not use or disclose the

information until the claim is resolved.

A receiving party who

wishes to determine the validity of a claim of privilege shall

promptly file a motion under seal requesting that the court

determine the validity of the claim.

A receiving party who

disclosed the information before being notified shall take

reasonable steps to retrieve it.

The producing party shall

preserve the information until the claim is resolved.

Committee note: Subsection (e)(2) allows a producing party to

assert a claim of privilege or work-product protection after

production because it is increasingly costly and time-consuming

to review all electronically stored information in advance.

Unlike the corresponding federal rule, a party must raise a claim

of privilege or work product protection within a “reasonable

time.” See Elkton Care Center Associates v. Quality Care

Management, Inc., 145 Md. App. 532 (2002).

(3)

Effect of Inadvertent Disclosure

A disclosure of a communication or information covered

by the attorney-client privilege or work product protection does

not operate as a waiver if the holder of the privilege or work

product protection (A) made the disclosure inadvertently, (B)

took reasonable precautions to prevent disclosure, and (C) took

reasonably prompt measures to rectify the error once the holder

knew or should have known of the disclosure.

Committee note: Courts in other jurisdictions are in conflict

over whether an inadvertent disclosure of privileged information

or work product constitutes a waiver. A few courts find that a

disclosure must be intentional to be a waiver. Most courts find

a waiver only if the disclosing party acted carelessly in

disclosing the communication or information and failed to request

its return in a timely manner. A few other courts hold that any

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mistaken disclosure of protected information constitutes waiver

without regard to the protections taken to avoid such a

disclosure. See generally Hopson v. City of Baltimore, 232

F.R.D. 228 (D. Md. 2005) for a discussion of this case law.

This subsection opts for the middle ground: inadvertent

disclosure of privileged or protected information in connection

with a state or federal proceeding constitutes a waiver only if

the party did not take reasonable precautions to prevent

disclosure and did not make reasonable and prompt efforts to

rectify the error. This position is in accord with Maryland

common law, see, e.g., Elkton Care Center Associates v. Quality

Care Management, Inc., 145 Md. App. 532 (2002), and the majority

view on whether inadvertent disclosure is a waiver. See, e.g.,

Zapata v. IBP, Inc., 175 F.R.D. 574, 576-77 (D. Kan. 1997) (work

product); Hydraflow, Inc. v. Enidine, Inc., 145 F.R.D. 626, 637

(W.D.N.Y. 1993) (attorney-client privilege); Edwards v. Whitaker,

868 F.Supp. 226, 229 (M.D. Tenn. 1994) (attorney-client

privilege).

(4)

Controlling Effect of Court Orders and Agreements

Unless incorporated into a court order, an agreement as

to the effect of disclosure of a communication or information

covered by the attorney-client privilege or work product

protection is binding on the parties to the agreement but not on

other persons.

If the agreement is incorporated into a court

order, the order governs all persons or entities, whether or not

they are or were parties.

Committee note: Parties may agree to certain protocols to

minimize the risk of waiver of a claim of privilege or

protection. One example is a “clawback” agreement, meaning an

agreement that production will occur without a waiver of

privilege or protection as long as the producing party promptly

identifies the privileged or protected documents that have been

produced. See The Sedona Conference, The Sedona Principles:

Best Practices Recommendations and Principles for Addressing

Electronic Document Production, (2d ed. 2007), Comment 10.a.

Another example is a “quick peek” agreement, meaning that the

responding party provides certain requested materials for initial

examination without waiving any privilege or protection. The

requesting party then designates the documents it wishes to have

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actually produced, and the producing party may assert any

privilege or protection. Id., Comment 10.d.

Subsection (e)(4) codifies the well-established proposition

that parties can enter into an agreement to limit the effect of

waiver by disclosure between or among them. See, e.g., Dowd v.

Calabrese, 101 F.R.D. 427, 439 (D.D.C. 1984) (no waiver where the

parties stipulated in advance that certain testimony at a

deposition “would not be deemed to constitute a waiver of the

attorney-client or work product privileges”); Zubulake v. UBS

Warburg LLC, 216 F.R.D. 280, 290 (S.D.N.Y. 2003) (noting that

parties may enter into “so-called ‘claw-back’ agreements that

allow the parties to forego privilege review altogether in favor

of an agreement to return inadvertently produced privileged

documents”). Of course, such an agreement can bind only the

parties to the agreement. The subsection makes clear that if

parties want protection from a finding of waiver by disclosure in

separate litigation, the agreement must be made part of a court

order. Confidentiality orders are important in limiting the

costs of privilege review and retention, especially in cases

involving electronic discovery. The utility of a confidentiality

order is substantially diminished if it provides no protection

outside the particular litigation in which the order is entered.

Parties are unlikely to be able to reduce the costs of preproduction review for privilege and work product if the

consequence of disclosure is that the information can be used by

nonparties to the litigation.

Subsection (e)(4) provides that an agreement of the parties

governing confidentiality of disclosures is enforceable against

nonparties only if it is incorporated in a court order, but there

can be no assurance that this enforceability will be recognized

by courts other than those of this State. There is some dispute

as to whether a confidentiality order entered in one case can

bind nonparties from asserting waiver by disclosure in separate

litigation. See generally Hopson v. City of Baltimore, 232 F.R.D.

228 (D.Md. 2005), for a discussion of this case law.

(e) (f) Trial Preparation - Party's or Witness' Own Statement

A party may obtain a statement concerning the action or

its subject matter previously made by that party without the

showing required under section (d) of this Rule.

A person who is

not a party may obtain, or may authorize in writing a party to

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obtain, a statement concerning the action or its subject matter

previously made by that person without the showing required under

section (d) of this Rule.

For purposes of this section, a

statement previously made is (1) a written statement signed or

otherwise adopted or approved by the person making it, or (2) a

stenographic, mechanical, electrical, or other recording, or a

transcription thereof, that is a substantially verbatim recital

of an oral statement by the person making it and

contemporaneously recorded.

(f) (g) Trial Preparation - Experts

(1)

Expected to be Called at Trial

(A)

Generally

A party by interrogatories may require any other party

to identify each person, other than a party, whom the other party

expects to call as an expert witness at trial; to state the

subject matter on which the expert is expected to testify; to

state the substance of the findings and the opinions to which the

expert is expected to testify and a summary of the grounds for

each opinion; and to produce any written report made by the

expert concerning those findings and opinions.

A party also may

take the deposition of the expert.

Committee note: This subsection requires a party to disclose the

name and address of any witness who may give an expert opinion at

trial, whether or not that person was retained in anticipation of

litigation or for trial. Cf. Dorsey v. Nold, 362 Md. 241 (2001).

See Rule 104.10 of the Rules of the U.S. District Court for the

District of Maryland. The subsection does not require, however,

that a party name himself or herself as an expert. See Turgut v.

Levin, 79 Md. App. 279 (1989).

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(B)

Additional Disclosure with Respect to Experts Retained

in Anticipation of Litigation or for Trial

In addition to the discovery permitted under

subsection (f)(1)(A) (g)(1)(A) of this Rule, a party by

interrogatories may require the other party to summarize the

qualifications of a person expected to be called as an expert

witness at trial and whose findings and opinions were acquired or

obtained in anticipation of litigation or for trial, to produce

any available list of publications written by that expert, and to

state the terms of the expert's compensation.

(2)

Not Expected to be Called at Trial

When an expert has been retained by a party in

anticipation of litigation or preparation for trial but is not

expected to be called as a witness at trial, discovery of the

identity, findings, and opinions of the expert may be obtained

only if a showing of the kind required by section (d) of this

Rule is made.

(3)

Fees and Expenses of Deposition

Unless the court orders otherwise on the ground of

manifest injustice, the party seeking discovery: (A) shall pay

each expert a reasonable fee, at a rate not exceeding the rate

charged by the expert for time spent preparing for a deposition,

for the time spent in attending a deposition and for the time and

expenses reasonably incurred in travel to and from the

deposition; and (B) when obtaining discovery under subsection

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(f)(2) (g)(2) of this Rule, shall pay each expert a reasonable

fee for preparing for the deposition.

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Source: This Rule is derived as follows:

Section (a) is derived from former Rule 400 c and the 1980

version of Fed. R. Civ. P. 33 (b).

Section (b) is new and is derived from the 2000 version of Fed.

R. Civ. P. 26 (b) (2), except that subsection (b)(2) is derived

from the 2006 Fed. R. Civ. P. 26 (b)(2)(B).

Section (c) is new and is derived from the 1980 version of Fed.

R. Civ. P. 26 (b) (2).

Section (d) is derived from former Rule 400 d.

Section (e) is new and is derived from the 2006 version of Fed.

R. Civ. P. 26 (b)(5).

Section (e) (f) is derived from former Rule 400 e.

Section (f) (g)

Subsection (f)(1) (g)(1) is derived in part from the 1980

version of Fed. R. Civ. P. 26 (b)(4) and former Rule 400 f and is

in part new.

Subsection (f)(2) (g)(2) is derived from the 1980 version of

Fed. R. Civ. P. 26 (b)(4) and former Rule U12 b.

Subsection (f)(3) (g)(3) is derived in part from the 1980

version of Fed. R. Civ. P. 26 (b)(4) and is in part new.

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MARYLAND RULES OF PROCEDURE

TITLE 2 - CIVIL PROCEDURE -- CIRCUIT COURT

CHAPTER 400 - DISCOVERY

AMEND Rule 2-421 to add language to section (c) referring to

“electronically stored information”, as follows:

Rule 2-421.

INTERROGATORIES TO PARTIES

. . .

(c)

Option to Produce Business Records

When (1) the answer to an interrogatory may be derived or

ascertained from the business records, including electronically

stored information, of the party upon whom the interrogatory has

been served or from an examination, audit, or inspection of those

business records or a compilation, abstract, or summary of them,

and (2) the burden of deriving or ascertaining the answer is

substantially the same for the party serving the interrogatory as

for the party served, and (3) the party upon whom the

interrogatory has been served has not already derived or

ascertained the information requested, it is a sufficient answer

to the interrogatory to specify the records from which the answer

may be derived or ascertained and to afford to the party serving

the interrogatory reasonable opportunity to examine, audit, or

inspect the records and to make copies, compilations, abstracts,

or summaries.

A specification shall be in sufficient detail to

permit the interrogating party to locate and to identify, as

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readily as can the party served, the records from which the

answer may be ascertained.

. . .

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MARYLAND RULES OF PROCEDURE

TITLE 2 - CIVIL PROCEDURE -- CIRCUIT COURT

CHAPTER 400 - DISCOVERY

AMEND Rule 2-422 to add to section (a) a reference to

“electronically stored information,” other language broadening

the scope of discovery, and the word “designated” modifying the

language “tangible things”; to add a sentence to section (b)

allowing a discovery request to specify the form of

electronically stored information; to delete certain language

from section (c) and to add to it language pertaining to refusal

of the requested form; to add a cross reference to Rule 2-402 at

the end of section (c); to add to subsection (d)(1) a reference

to “electronically stored information” and to add language

pertaining to the form of production of that information; to add

a new subsection (d)(2) stating that production of electronically

stored information is only required in one form and to add a

Committee note after it, as follows:

Rule 2-422.

DISCOVERY OF DOCUMENTS, ELECTRONICALLY STORED

INFORMATION, AND PROPERTY

(a)

Scope

Any party may serve one or more requests to any other

party (1) as to items that are in the possession, custody, or

control of the party upon whom the request is served, to produce

and permit the party making the request, or someone acting on the

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party's behalf, to inspect and, copy, test, or sample any

designated documents or electronically stored information

(including writings, drawings, graphs, charts, photographs, sound

recordings, images, and other data or data compilations stored in

any medium from which information can be obtained, translated, if

necessary, by the respondent through detection devices into

reasonably usable form) or to inspect and copy, test, or sample

any designated tangible things which constitute or contain

matters within the scope of Rule 2-402 (a); or (2) to permit

entry upon designated land or other property in the possession or

control of the party upon whom the request is served for the

purpose of inspection,

measuring, surveying, photographing,

testing, or sampling the property or any designated object or

operation on the property, within the scope of Rule 2-402 (a).

(b)

Request

A request shall set forth the items to be inspected,

either by individual item or by category, and shall; describe

each item and category with reasonable particularity.

The

request shall ; and specify a reasonable time, place, and manner

of making the inspection and performing the related acts.

The

request may specify the form in which electronically stored

information is to be produced.

(c)

Response

The party to whom a request is directed shall serve a

written response within 30 days after service of the request or

within 15 days after the date on which that party's initial

-26-

pleading or motion is required, whichever is later.

The response

shall state, with respect to each item or category, that (1)

inspection and related activities will be permitted as requested,

unless (2) the request is refused, in which event the reasons for

refusal shall be stated or (3) the request for production in a

particular form is refused.

be fully stated.

The grounds for each refusal shall

If the refusal relates to part of an item or

category, the part shall be specified.

If a refusal relates to

the form in which electronically stored information is requested

to be produced (or if no form was specified in the request) the

responding party shall state the form in which it would produce

the information.

Cross reference: See Rule 2-402 (b)(1) for a list of factors

used by the court to determine the reasonableness of discovery

requests and (b)(2) concerning the assessment of the costs of

discovery.

(d)

Production

(1)

A party who produces documents or electronically stored

information for inspection shall (A) produce them as they are the

documents or information as they are kept in the usual course of

business or shall organize and label them to correspond with the

categories in the request, and (B) produce electronically stored

information in the form specified in the request or, if the

request does not specify a form, in the form in which it is

ordinarily maintained or in a form that is reasonably usable.

(2)

A party need not produce the same electronically stored

information in more than one form.

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Committee note: Onsite inspection of electronically stored

information should be the exception, not the rule, because

litigation usually relates to the informational content of the

data held on a computer system, not to the operation of the

system itself. In most cases, there is no justification for

direct inspection of an opposing party's computer system. See In

re Ford Motor Co., 345 F. 3d 1315 (11th Cir. 2003) (vacating

order allowing plaintiff direct access to defendant’s databases).

To justify onsite inspection of a computer system and the

programs used, a party should demonstrate a substantial need to

discover the information and the lack of a reasonable

alternative. The inspection procedure should be documented by

agreement or in a court order and should be narrowly restricted

to protect confidential information and system integrity and to

avoid giving the discovering party access to data unrelated to

the litigation. The data subject to inspection should be dealt

with in a way that preserves the producing party’s rights, as,

for example, through the use of neutral court-appointed

consultants. See, generally, The Sedona Conference, The Sedona

Principles: Best Practices Recommendations and Principles for

Addressing Electronic Document Production (2d ed. 2007), Comment

6. c.

Source: This Rule is derived from former Rule 419 and the 1980

and 2006 versions of Fed. R. Civ. P. 34.

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MARYLAND RULES OF PROCEDURE

TITLE 2 - CIVIL PROCEDURE -- CIRCUIT COURT

CHAPTER 400 - DISCOVERY

AMEND Rule 2-424 to add a reference to “electronically

stored information”, as follows:

Rule 2-424.

(a)

ADMISSION OF FACTS AND GENUINENESS OF DOCUMENTS

Request for Admission

A party may serve one or more written requests to any

other party for the admission of (1) the genuineness of any

relevant documents or electronically stored information described

in or exhibited with the request, or (2) the truth of any

relevant matters of fact set forth in the request.

Copies of

documents shall be served with the request unless they have been

or are otherwise furnished or made available for inspection and

copying.

Each matter of which an admission is requested shall be

separately set forth.

. . .

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MARYLAND RULES OF PROCEDURE

TITLE 2 - CIVIL PROCEDURE –- CIRCUIT COURT

CHAPTER 400 - DISCOVERY

AMEND Rule 2-432 (c) to conform to the relettering of Rule

2-402, as follows:

Rule 2-432.

MOTIONS UPON FAILURE TO PROVIDE DISCOVERY

. . .

(c)

By Nonparty to Compel Production of Statement

If a party fails to comply with a request of a nonparty

made pursuant to Rule 2-402 (e) (f) for production of a

statement, the nonparty may move for an order compelling its

production.

. . .

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MARYLAND RULES OF PROCEDURE

TITLE 2 - CIVIL PROCEDURE -- CIRCUIT COURT

CHAPTER 400 - DISCOVERY

AMEND Rule 2-433 to add a new section (b) pertaining to loss

of electronically stored information, as follows:

Rule 2-433.

(a)

SANCTIONS

For Certain Failures of Discovery

Upon a motion filed under Rule 2-432 (a), the court, if it

finds a failure of discovery, may enter such

orders in regard to

the failure as are just, including one or more of the following:

(1) An order that the matters sought to be discovered, or any

other designated facts shall be taken to be established for the

purpose of the action

in accordance with the claim of the party

obtaining the order;

(2) An order refusing to allow the failing party to support

or oppose designated claims or defenses, or prohibiting that

party from introducing designated matters in evidence; or

(3) An order striking out pleadings or parts thereof, or

staying further proceeding until the discovery is provided, or

dismissing the action or any part thereof, or entering a judgment

by default that includes a determination as to liability and all

relief sought by the moving party against the failing party if

the court is satisfied that it has personal jurisdiction over

that party.

If, in order to enable the court to enter default

-31-

judgment, it is necessary to take an account or to determine the

amount of damages or to establish the truth of any averment by

evidence or to make an investigation of any matter, the court may

rely on affidavits, conduct hearings or order references as

appropriate, and, if requested, shall preserve to the plaintiff

the right of trial by jury.

Instead of any order or in addition thereto, the court,

after opportunity for hearing, shall require the failing party or

the attorney advising the failure to act or both of them to pay

the reasonable expenses, including attorney's fees, caused by the

failure, unless the court finds that the failure was

substantially justified or that other circumstances make an award

of expenses unjust.

(b)

For Loss of Electronically Stored Information

Absent exceptional circumstances, a court may not impose

sanctions under these Rules on a party for failing to provide

electronically stored information that is no longer available as

a result of the routine, good-faith operations of an electronic

information system.

(b) (c) For Failure to Comply with Order Compelling Discovery

If a person fails to obey an order compelling discovery,

the court, upon motion of a party and reasonable notice to other

parties and all persons affected, may enter such orders in regard

to the failure as are just, including one or more of the orders

set forth in section (a) of this Rule. If justice cannot

otherwise be achieved, the court may enter an order in compliance

-32-

with Rule 15-206 treating the failure to obey the order as a

contempt.

(c) (d) Award of Expenses

If a motion filed under Rule 2-432 or under Rule 2-403 is

granted, the court, after opportunity for hearing, shall require

the party or deponent whose conduct necessitated the motion or

the party or the attorney advising the conduct or both of them to

pay to the moving party the reasonable expenses incurred in

obtaining the order, including attorney's fees, unless the court

finds that the opposition to the motion was substantially

justified or that other circumstances make an award of expenses

unjust.

If the motion is denied, the court, after opportunity for

hearing, shall require the moving party or the attorney advising

the motion or both of them to pay to the party or deponent who

opposed the motion the reasonable expenses incurred in opposing

the motion, including attorney's fees, unless the court finds

that the making of the motion was substantially justified or that

other circumstances make an award of expenses unjust.

If the motion is granted in part and denied in part, the

court may apportion the reasonable expenses incurred in relation

to the motion among the parties and persons in a just manner.

Source: This Rule is derived as follows:

Section (a) is derived from former Rule 422 c 1 and 2.

Section (b) is new and is derived from the 2006 version of Fed.

R. Civ. P. 37 (f).

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Section (b) (c) is derived from former Rule 422 b.

Section (c) (d) is derived from the 1980 version of Fed. R.

Civ. P. 37 (a) (4) and former Rule 422 a 5, 6 and 7.

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MARYLAND RULES OF PROCEDURE

TITLE 2 - CIVIL PROCEDURE -- CIRCUIT COURT

CHAPTER 500 - TRIAL

AMEND Rule 2-504 to add a new subsection (b)(2)(G) referring

to discovery of electronically stored information, to add a new

subsection (b)(2)(H) referring to a process for asserting claims

of privilege or of protection after production, and to reletter

subsection (b)(2), 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 2504.1.

(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

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,

-35-

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) (g)(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;

and

(F) 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;

-36-

(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) 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) an order designating or providing for the designation

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

(F) a further scheduling conference or pretrial conference

date; and

(G) provisions for discovery of electronically stored

information;

(H) a process by which the parties may assert claims of

privilege or of protection after production; and

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

action.

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

appoint expert witnesses.

Source: This Rule is in part new and in part derived as follows:

Subsection (b)(2)(G) is new and is derived from the 2006

version of Fed. R. Civ. P. 16 (b)(5).

Subsection (b)(2)(H) is new and is derived from the 2006

version of Fed. R. Civ. P. 16 (b)(6).

-37-

MARYLAND RULES OF PROCEDURE

TITLE 2 - CIVIL PROCEDURE -- CIRCUIT COURT

CHAPTER 500 - TRIAL

AMEND Rule 2-504.1 to add language to section (b) expanding

a scheduling order to include issues relating to preserving

discoverable information, issues relating to discovery of

electronically stored information, and issues relating to claims

of privilege or of protection; and to add a Committee note at the

end of that section pertaining to how discovery of electronically

stored information is handled at a scheduling conference, as

follows:

Rule 2-504.1.

(a)

SCHEDULING CONFERENCE

When Required

In any of the following circumstances, the court shall

issue an order requiring the parties to attend a scheduling

conference:

(1) in an action placed or likely to be placed in a

scheduling category for which the case management plan adopted

pursuant to Rule 16-202 b. requires a scheduling conference;

(2) in an action in which an objection to computer-generated

evidence is filed under Rule 2-504.3 (d); or

(3) in an action, in which a party requests a scheduling

conference and represents that, despite a good faith effort, the

parties have been unable to reach an agreement (i) on a plan for

-38-

the scheduling and completion of discovery, (ii) on the proposal

of any party to pursue an available and appropriate form of

alternative dispute resolution, or (iii) on any other matter

eligible for inclusion in a scheduling order under Rule 2-504.

(b)

When Permitted

The court may issue an order in any action requiring the

parties to attend a scheduling conference.

(c)

Order for Scheduling Conference

An order setting a scheduling conference may require that

the parties, at least ten days before the conference:

(1) complete sufficient initial discovery to enable them to

participate in the conference meaningfully and in good faith and

to make decisions regarding (A) settlement, (B) consideration of

available and appropriate forms of alternative dispute

resolution, (C) limitation of issues, (D) stipulations, (E) any

issues relating to preserving discoverable information, (F) any

issues relating to discovery of electronically stored

information, including the form in which it is to be produced,

(G) any issues relating to claims of privilege or of protection,

and (E) (H) other matters that may be considered at the

conference; and

(2) confer in person or by telephone and attempt to reach

agreement or narrow the areas of disagreement regarding the

matters that may be considered at the conference and determine

whether the action or any issues in the action are suitable for

-39-

referral to an alternative dispute resolution process in

accordance with Title 17, Chapter 100 of these rules.

Committee note: Examples of matters that may be considered at a

scheduling conference when discovery of electronically stored

information is expected, include:

(1) its identification and retention;

(2) the form of production, such as PDF, TIFF, or JPEG

files, or native form, for example, Microsoft Word, Excel, etc.;

(3) the manner of production, such as CD-ROM;

(4) any production of indices;

(5) any electronic numbering of documents and information;

(6) apportionment of costs for production of electronically

stored information not reasonably accessible because of undue

burden or cost;

(7) a process by which the parties may assert claims of

privilege or of protection after production; and

(8) whether the parties agree to refer discovery disputes to

a master or Special Master.

The parties may also need to address any request for

metadata, for example, information embedded in an electronic data

file that describes how, when, and by whom it was created,

received, accessed, or modified or how it is formatted. For a

discussion of metadata and factors to consider in determining the

extent to which metadata should be preserved and produced in a

particular case, see, The Sedona Conference, The Sedona

Principles: Best Practices Recommendations and Principles for

Addressing Electronic Document Production, (2d ed. 2007),

Principle 12 and related Comment.

(d)

Time and Method of Holding Conference

Except (1) upon agreement of the parties, (2) upon a

finding of good cause by the court, or (3) in an action assigned

to a family division under Rule 16-204 (a)(2), a scheduling

conference shall not be held earlier than 30 days after the date

of the order.

If the court requires the completion of any

discovery pursuant to section (c) of this Rule, it shall afford

the parties a reasonable opportunity to complete the discovery.

-40-

The court may hold a scheduling conference in chambers, in open

court, or by telephone or other electronic means.

(e)

Scheduling Order

Case management decisions made by the court at or as a

result of a scheduling conference shall be included in a

scheduling order entered pursuant to Rule 2-504.

A court may not

order a party or counsel for a party to participate in an

alternative dispute resolution process under Rule 2-504 except in

accordance with Rule 9-205 or Rule 17-103.

Source:

This Rule is new.

-41-

MARYLAND RULES OF PROCEDURE

TITLE 2 - CIVIL PROCEDURE -- CIRCUIT COURT

CHAPTER 500 - TRIAL

AMEND Rule 2-509 (b) to delete the word “compensation,” to

add the words “reimbursement” and “qualified,” and to make

stylistic changes, as follows:

Rule 2-509.

JURY TRIAL -- SPECIAL COSTS IN FIRST, SECOND, AND

FOURTH JUDICIAL CIRCUITS

. . .

(b)

Special Costs Imposed

When a jury trial is removed from the assignment at the

initiative of a party for any reason within the 48 hour period,

not including Saturdays, Sundays, and holidays, prior to 10:00

a.m. on the date scheduled, the court in its discretion may

assess as costs against a party or parties an amount equal to the

total compensation reimbursement paid to qualified jurors who

reported and were not otherwise utilized may be assessed as costs

in the action against a party or parties in the discretion of the

court and remitted by the used.

The clerk shall remit to the

county the costs received pursuant to this section.

The County

Administrative Judge may waive assessment of these costs for good

cause shown.

. . .

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MARYLAND RULES OF PROCEDURE

TITLE 2 - CIVIL PROCEDURE –- CIRCUIT COURT

CHAPTER 500 - TRIAL

AMEND Rule 2-510 to add a reference to “electronically

stored information” to sections (a), (c), (e), and (f); to add

language to section (a) requiring a subpoenaed party to permit

testing or sampling of electronically stored information; to add

to the contents of a subpoena in section (c) a description of

electronically stored information, a description of any testing

or sampling proposed, and a statement allowing the subpoena to

specify the form of the information; to add two Code references

to the cross reference after section (d); to add a sentence to

section (e) referring to filing a motion objecting to a subpoena

for certain information; to add a sentence to section (f)

requiring support for a claim of privilege or protection as work

product materials; to add a new section (g) pertaining to duties

relating to the production of documents, electronically stored

information, and tangible things; to change subsection (i)(1) by

substituting the term “custodian of records” for the term “health

care provider,” by deleting language relating to x-ray films, and

by deleting language referring to “the patient;” to add a cross

reference after subsection (i)(1); to add a tagline to subsection

(i)(2) and to change the term “health care provider” to the word

“custodian;” to add a tagline to subsection (i)(3), to delete a

word, and to add language requiring that a subpoena state with

-43-

specificity the reason for the presence of the custodian; to

delete a Code reference in the cross reference following

subsection (i)(3); to add a new section (k) pertaining to

information produced subject to a claim of privilege or

protection as work product; to add a cross reference at the end

of the Rule; and to reletter the Rule, as follows:

Rule 2-510.

(a)

SUBPOENAS

Use

A subpoena is required to compel the person to whom it is

directed to attend, give testimony, and produce designated

documents, electronically stored information, or other tangible

things at a court proceeding, including proceedings before a

master, auditor, or examiner.

A subpoena is also required to

compel a nonparty and may be used to compel a party over whom the

court has acquired jurisdiction to attend, give testimony, and

produce and permit inspection, and copying, testing, or sampling

of designated documents, electronically stored information, or

other tangible things at a deposition.

used for any other purpose.

A subpoena shall not be

If the court, on motion of a party

alleging a violation of this section or on its own initiative,

after affording the alleged violator a hearing, finds that a

party or attorney used or attempted to use a subpoena for a

purpose other than a purpose allowed under this section, the

court may impose an appropriate sanction upon the party or

attorney, including an award of a reasonable attorney's fee and

-44-

costs, the exclusion of evidence obtained by the subpoena, and

reimbursement of any person inconvenienced for time and expenses

incurred.

(b)

Issuance

On the request of a person entitled to the issuance of a

subpoena, the clerk shall issue a completed subpoena, or provide

a blank form of subpoena which shall be filled in and returned to

the clerk to be signed and sealed before service.

On the request

of an attorney or other officer of the court entitled to the

issuance of a subpoena, the clerk shall issue a subpoena signed

and sealed but otherwise in blank, which shall be filled in

before service.

(c)

Form

Every subpoena shall contain: (1) the caption of the

action, (2) the name and address of the person to whom it is

directed, (3) the name of the person at whose request it is

issued, (4) the date, time, and place where attendance is

required, (5) a description of any documents, electronically

stored information, or other tangible things to be produced and

if testing or sampling is to occur, a description of the proposed

testing or sampling procedure, and (6) when required by Rule 2412 (d), a notice to designate the person to testify.

A subpoena

may specify the form in which electronically stored information

is to be produced.

(d)

Service

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A subpoena shall be served by delivering a copy to the

person named or to an agent authorized by appointment or by law

to receive service for the person named or as permitted by Rule

2-121 (a)(3).

Service of a subpoena upon a party represented by

an attorney may be made by service upon the attorney under Rule

1-321 (a).

A subpoena may be served by a sheriff of any county

or by any person who is not a party and who is not less than 18

years of age.

Unless impracticable, a party shall make a good

faith effort to cause a trial or hearing subpoena to be served at

least five days before the trial or hearing.

Cross reference: See Code, Courts Article, §6-410, concerning

service upon certain persons other than the custodian of public

records named in the subpoena if the custodian is not known and

cannot be ascertained after a reasonable effort. As to

additional requirements for certain subpoenas, see Code, HealthGeneral Article, §4-306 (b)(6) and Code, Financial Institutions

Article, §1-304.

(e)

Objection to Subpoena for Court Proceedings

On motion of a person served with a subpoena to attend a

court proceeding (including a proceeding before a master,

auditor, or examiner) filed promptly and, whenever practicable,

at or before the time specified in the subpoena for compliance,

the court may enter an order that justice requires to protect the

person from annoyance, embarrassment, oppression, or undue burden

or expense cost, including one or more of the following:

(1) that the subpoena be quashed or modified;

(2) that the subpoena be complied with only at some

designated time or place other than that stated in the subpoena;

-46-

(3) that documents, electronically stored information, or

other tangible things designated in the subpoena be produced only

upon the advancement by the party serving the subpoena of the

reasonable costs of producing them; or

(4) that documents, electronically stored information, or

other tangible things designated in the subpoena be delivered to

the court at or before the proceeding or before the time when

they are to be offered in evidence, subject to further order of

court to permit inspection of them.

A motion filed under this section based on a claim that

information is privileged or subject to protection as work

product materials shall be supported by a description of the

nature of each item that is sufficient to enable the demanding

party to evaluate the claim.

(f) Objection to Subpoena for Deposition

A person served with a subpoena to attend a deposition may

seek a protective order pursuant to Rule 2-403.

If the subpoena

also commands the production of documents, electronically stored

information, or other tangible things at the deposition, the

person served may seek a protective order pursuant to Rule 2-403

or may file, within ten days after service of the subpoena, an

objection to production of any or all of the designated

materials.

The objection shall be in writing and shall state the

reasons for the objection.

If an objection is filed, the party

serving the subpoena is not entitled to production of the

materials except pursuant to an order of the court from which the

-47-

subpoena was issued.

At any time before or within 15 days after

completion of the deposition and upon notice to the deponent, the

party serving the subpoena may move pursuant to Rule 2-432 for an

order to compel the production.

A claim that information is privileged or subject to

protection as work product materials shall be supported by a

description of each item that is sufficient to enable the

demanding party to evaluate the claim.

(g)

Duties Relating to the Production of Documents,

Electronically Stored Evidence, and Tangible Things

(1)

Generally

A person responding to a subpoena to produce documents,

electronically stored information, or tangible things at a court

proceeding or deposition shall:

(A) produce the documents or information as they are kept

in the usual course of business or shall organize and label the

documents or information to correspond with the categories in the

subpoena; and

(B) produce electronically stored information in the form

specified in the subpoena or, if a form is not specified, in the

form in which the person ordinarily maintains it or in a form

that is reasonably usable.

(2)

Electronically Stored Information

A person responding to a subpoena to produce

electronically stored information at a court proceeding or

deposition need not produce the same electronically stored

-48-

information in more than one form and may decline to produce the

information on the ground that the sources are not reasonably

accessible because of undue burden or cost.

A person who

declines to produce information on this ground shall identify the

sources alleged to be not reasonably accessible and state the

reasons why production from each identified source would cause

undue burden or cost.

The statement of reasons shall provide

enough detail to enable the demanding party to evaluate the

burdens and costs of complying with the subpoena and the

likelihood of finding responsive information in the identified

sources.

Any motion relating to electronically stored

information withheld on the ground that it is not reasonably

accessible shall be decided in the manner set forth in Rule 2-402

(b).

(g) (h) Protection of Persons Subject to Subpoenas

A party or an attorney responsible for the issuance and

service of a subpoena shall take reasonable steps to avoid

imposing undue burden or expense cost on a person subject to the

subpoena.

Cross reference: For the availability of sanctions for

violations of this section, see Rules 1-201 (a) and 1-341.

(h) (i) Records of Health Care Providers Produced by Custodians

(1)

Generally

A health care provider, as defined by Code, Courts

Article, §3-2A-01 (e), custodian of records served with a

subpoena to produce at trial records, including x-ray films,

-49-

relating to the condition or treatment of a patient at trial may

comply by delivering the records to the clerk of the court that

issued the subpoena at or before the time specified for

production.

The health care provider custodian may produce exact

copies of the records designated unless the subpoena specifies

that the original records be produced.

The records shall be

delivered in a sealed envelope labeled with the caption of the

action, the date specified for production, and the name and

address of the person at whose request the subpoena was issued.

The records shall be accompanied by a certificate of the

custodian that they are the complete records for the patient

requested for the period designated in the subpoena and that the

records are maintained in the regular course of business of the

health care provider.

The certification shall be prima facie

evidence of the authenticity of the records.

Cross reference: Code, Health-General Article, §4-306 (b)(6);

Code, Financial Institutions Article, §1-304.

(2)

During Trial

Upon commencement of the trial, the clerk shall release

the records only to the courtroom clerk assigned to the trial.

The courtroom clerk shall return the records to the clerk

promptly upon completion of trial or at an earlier time if there

is no longer a need for them.

Upon final disposition of the

action the clerk shall return the original records to the health

care provider custodian but need not return copies.

(3)

Presence of Custodian

-50-

When the actual presence of the custodian of medical

records is required, the subpoena shall so state with specificity

the reason for the presence of the custodian.

Cross reference: Code, Courts Article, §10-104 includes an

alternative method of authenticating medical records in certain

cases transferred from the District Court upon a demand for a

jury trial. Code, Health-General Article, §4-306 requires that a

subpoena to produce medical records without the authorization of

a person in interest be accompanied by a certification that a

copy of the subpoena has been served on the person whose records

are being sought or that the court has waived service for good

cause.

(i) (j) Attachment

A witness served with a subpoena under this Rule is liable

to body attachment and fine for failure to obey the subpoena

without sufficient excuse.

The writ of attachment may be

executed by the sheriff or peace officer of any county and shall

be returned to the court issuing it.

The witness attached shall

be taken immediately before the court if then in session.

If the

court is not in session, the witness shall be taken before a

judicial officer of the District Court for a determination of

appropriate conditions of release to ensure the witness'

appearance at the next session of the court that issued the

attachment.

(k)

Information Produced that is Subject to a Claim of

Privilege or Work Product Protection

Within a reasonable time after information is produced in

response to a subpoena that is subject to a claim of privilege or

of protection as work product material, the person who produced

the information shall notify each party who received the

-51-

information of the claim and the basis for it.

Promptly after

being notified, each receiving party shall return, sequester, or

destroy the specified information and any copies and may not use

or disclose the information until the claim is resolved.

A

receiving party who wishes to determine the validity of a claim

of privilege shall promptly file a motion under seal requesting

that the court determine the validity of the claim.

A receiving

party who disclosed the information before being notified shall

take reasonable steps to retrieve it.

The person who produced

the information shall preserve it until the claim is resolved.

Cross reference: For issuing and enforcing legislative subpoenas,

see Code, State Government Article, §§2-1802 and 2-1803.

Source: This Rule is derived as follows:

Section (a) is new but the first and second sentences are

derived in part from the 2006 version of Fed. R. Civ. P.

45(a)(1)(C); the second sentence also is derived in part from

former Rule 407 a.

Section (b) is new.

Section (c) is derived from former Rules 114 a and b, 115 a and

405 a 2 (b), and from the 2006 version of Fed. R. Civ. P.

45(a)(1)(D).

Section (d) is derived from former Rules 104 a and b and 116 b.

Section (e) is derived from former Rule 115 b and the 2006

version of Fed. R. Civ. P. 45 (d)(2)(A).

Section (f) is derived from the 1980 version of Fed. R. Civ. P.

45 (d) (1), and the 2006 version of Fed. R. Civ. P. 45 (d)(2)(A).

Section (g) is new and is derived from the 2006 version of

Fed. R. Civ. P. 45 (d)(1).

Section (g) (h) is derived from the 1991 version of Fed. R.

Civ. P. 45 (c) (1).

Section (h) (i) is new.

Section (i) (j) is derived from former Rules 114 d and 742 e.

Section (k) is new and is derived from the 2006 version of Fed.

R. Civ. P. 45 (d)(2)(B).

-52-

MARYLAND RULES OF PROCEDURE

TITLE 2 - CIVIL PROCEDURE -- CIRCUIT COURT

CHAPTER 500 - TRIAL

AMEND Rule 2-511 to add a cross reference after section (d),

as follows:

Rule 2-511.

(a)

TRIAL BY JURY

Right Preserved

The right of trial by jury as guaranteed by the Maryland

Constitution and the Maryland Declaration of Rights or as

provided by law shall be preserved to the parties inviolate.

(b)

Number of Jurors

The jury shall consist of six persons.

With the approval

of the court, the parties may agree to accept a verdict

from

fewer than six jurors if during the trial one or more of the six

jurors becomes or is found to be unable or disqualified to

perform a juror's duty.

(c)

Separation of Jury

The court, either before or after submission of the case

to the jury, may permit the jurors to separate or require that

they be sequestered.

(d)

Advisory Verdicts Disallowed

Issues of fact not triable of right by a jury shall be

decided by the court and may not be submitted to a jury for an

advisory verdict.

-53-

Cross reference: Md. Declaration of Rights, Article 5; Rule

2-325; and Code, Courts Article, §§8-421 (a) and 8-422.

. . .

-54-

MARYLAND RULES OF PROCEDURE

TITLE 2 - CIVIL PROCEDURE –- CIRCUIT COURT

CHAPTER 500 - TRIAL

AMEND Rule 2-512 by adding a new subsection (a)(1) and a new

cross reference after subsection (a)(1), by adding a new

subsection (a)(2), by adding to and deleting language from

section (b), by adding to and deleting language from subsection

(c)(1), by adding new subsections (c)(2) and (c)(3), by adding to

and deleting language from subsection (d)(1), by renumbering

section (e) as subsection (d)(2) with an additional word added to

it, by deleting section (f), by renumbering section (g) as

section (e), by adding to and deleting language from subsection

(e)(1), by adding to and deleting language from subsection

(e)(2), by relettering section (i) as section (f), by adding to

and deleting language from subsection (f)(1), by adding new

subsections (f)(2)and (f)(3), and by making stylistic changes, as

follows:

Rule 2-512.

JURY SELECTION

(a) Jury Size and Challenge to the Array

(1)

Size

Before a trial begins, the judge shall decide (A) the

required number of sworn jurors, including any alternates, and

(B) the size of the array of qualified jurors needed.

Cross reference:

See Code, Courts Article, §8-421 (b).

-55-

(2)

Insufficient Array

If the array is insufficient for jury selection, the

trial judge may direct that additional qualified jurors be

summoned at random from the qualified juror pool as provided by

statute.

(3)

Challenge to the Array

A party may challenge the array of jurors on the ground

that its members were not selected, drawn, or summoned according

to law, or on any other ground that would disqualify the panel

array as a whole.

A challenge to the array shall be made and

determined before any individual juror from that member of the

array is examined, except that the court trial judge for good

cause may permit it the challenge to be made after the jury is

sworn but before any evidence is received.

(b)

Alternate Jurors General Requirements

The court may direct that one or more jurors be called and

impanelled to sit as alternate jurors.

Any juror who, before the

time the jury retires to consider its verdict, becomes or is

found to be unable or disqualified to perform a juror’s duty

shall be replaced by an alternate juror in the order of

selection.

An alternate juror All individuals to be impanelled

on the jury, including any alternates, shall be drawn selected in

the same manner, have the same qualifications, and be subject to

the same examination, take the same oath, and have the same

functions, powers, facilities, and privileges as a juror. An

-56-

alternate juror who does not replace a juror shall be discharged

when the jury retires to consider its verdict.

(c)

Jury List

(1)

Contents

Before the examination of qualified jurors, each party

shall be provided with a list of jurors that includes the each

juror’s name, address, age, sex, education, occupation, and

spouse’s occupation, of spouse of each juror and any other

information required by the county jury plan Rule.

When the

county jury plan requires the address of a juror, Unless the

trial judge orders otherwise, the address need shall be limited

to the city or town and zip code and shall not include the house

street address or box number.

(2)

Dissemination

(A) Allowed

A party may provide the jury list to any person

employed by the party to assist in jury selection.

With

permission of the trial judge, the list may be disseminated to

other individuals such as the courtroom clerk or court reporter

for use in carrying out official duties.

(B) Prohibited

Unless the trial judge orders otherwise, a party and

any other person to whom the jury list is provided in accordance

with subsection (c)(2)(A) of this Rule may not disseminate the

list or the information contained on the list to any other

person.

-57-

(3) Not Part of the Case Record; Exception

Unless the court orders otherwise, copies of jury lists

shall be returned to the jury commissioner.

Unless marked for

identification and offered in evidence pursuant to Rule 2-516, a

jury list is not part of the case record.

Cross reference: See Rule 16-1009 concerning motions to seal or

limit inspection of a case record.

(d)

Examination of Jurors and Challenges for Cause

(1)

Examination

The court trial judge may permit the parties to conduct

an examination of qualified jurors or may itself conduct the

examination after considering questions proposed by the parties.

If the court judge conducts the examination, it the judge may

permit the parties to supplement the examination by further

inquiry or may itself submit to the jurors additional questions

proposed by the parties.

The jurors’ responses to any

examination shall be under oath.

Upon On request of any party,

the court judge shall direct the clerk to call the roll of the

panel array and to request each qualified juror to stand and be

identified when called by name.

(e)

Challenge for Cause (2)

Challenge for Cause

A party may challenge an individual qualified juror for

cause.

A challenge for cause shall be made and determined before

the jury is sworn, or thereafter for good cause shown.

(f)

Additional Jurors

-58-

When the number of jurors of the regular panel may be

insufficient to allow for selection of a jury, the court may

direct that additional jurors be summoned at random from the

qualified jury wheel and thereafter at random in a manner

provided by statute.

(g) (e) Designation of List of Qualified Jurors Peremptory

Challenges

(1)

Designation of Qualified Jurors; Order of Selection

Before the exercise of peremptory challenges, the court

trial judge shall designate from the jury list those jurors

individuals on the jury list who have remain qualified after

examination.

The number designated shall be sufficient to

provide the required number of sworn jurors, and including any

alternates, to be sworn after allowing for the exercise of

peremptory challenges.

The court trial judge shall at the same

time prescribe the order to be followed in selecting the jurors

and alternate jurors individuals from the list.

(h) (2) Peremptory Challenges Number; Exercise of Peremptory

Challenges

Each party is permitted four peremptory challenges plus

one peremptory challenge for each group of three or less

alternate jurors alternates to be impanelled.

For purposes of

this section, several all plaintiffs or several shall be

considered as a single party and all defendants shall be

considered as a single party unless the court trial judge

determines that adverse or hostile interests between plaintiffs

-59-

or between defendants justify allowing to each one or more of

them the separate peremptory challenges not exceeding the number

available to a single party.

The parties shall simultaneously

exercise their peremptory challenges by striking names from the a

copy of the jury list.

(i) (f) Impanelling the Impanelled Jury

(1)

Impanelling

The jurors and any alternates individuals to be

impanelled as sworn jurors, including any alternates, shall be

called from the qualified jurors remaining on the jury list in

the order previously designated by the court trial judge and

shall be sworn.

(2)

Oath; Functions, Powers, Facilities, and Privileges

All sworn jurors, including any alternates, shall take

the same oath and, until discharged from jury service, have the

same functions, powers, facilities, and privileges.

(3)

Discharge of Jury Member

At any time before the jury retires to consider its

verdict, the trial judge may replace any jury member whom the

trial judge finds to be unable or disqualified to perform jury

service with an alternate in the order of selection set under

subsection (e)(1).

When the jury retires to consider its

verdict, the trial judge shall discharge any remaining alternates

who did not replace another jury member.

(g)

Foreperson

-60-

The court trial judge shall designate a sworn juror as

foreman foreperson.

Source: This Rule is derived as follows:

Section (a) is in part derived from former Rules 754 a and is

consistent with former Rule 543 c and in part new.

Section (b) is derived from former Rule 751 b and is consistent

with former Rule 543 b 3.

Section (c) is new.

Section (d) is derived from former Rules 752, 754 b, and 543 d.

Section (e) is derived from former Rules 754 b 753 and 543 a 3

and 4.

Section (f) is consistent with former Rule 543 a 5 and 6 new.

Section (g) is new with exception of the last sentence which is

derived from former Rule 753 b 1 is derived from former Rule 751

d.

Section (h) is derived from former Rule 543 a 3 and 4.

Section (i) is derived from the last sentence of former Rule

753 b 3 and former Rule 751 d.

-61-

MARYLAND RULES OF PROCEDURE

TITLE 2 - CIVIL PROCEDURE -- CIRCUIT COURT

CHAPTER 500 - TRIAL

AMEND Rule 2-521 by deleting language from section (a), by

adding to section (a) the word “sworn” to modify the word “juror”

and language to indicate that alternates are included during

trial and deliberations, and by adding the word “sworn” to modify

the word “juror” in section (b), as follows:

Rule 2-521.

(a)

JURY - REVIEW OF EVIDENCE - COMMUNICATIONS

Jurors' Notes

The court may, and upon on request of any party shall,

provide paper notepads for use by sworn jurors, including any

alternates, during trial and deliberations.

The court shall

maintain control over the jurors’ notes during the trial and

promptly destroy the jurors’ notes after the trial.

A juror's

notes Notes may not be reviewed or relied upon for any purpose by

any person other than the juror author.

If a sworn juror is

unable to use a notepad because of a disability, the court shall

provide a reasonable accommodation.

(b)

Items Taken to Jury Room

Jurors Sworn jurors may take their notes with them when they

retire for deliberation.

Unless the court for good cause orders

otherwise, the jury may also take exhibits that have been

admitted in evidence, except that a deposition may not be taken

into the jury room without the agreement of all parties and

consent of the court.

Written or electronically recorded

-62-

instructions may be taken into the jury room only with the

permission of the court.

Cross reference:

See Rule 5-802.1 (e).

. . .

-63-

MARYLAND RULES OF PROCEDURE

TITLE 2 - CIVIL PROCEDURE -- CIRCUIT COURT

CHAPTER 500 - TRIAL

AMEND Rule 2-522 by deleting language from section (b), by

adding the words “jury or stated majority” in place of the phrase

“required number of jurors,” and by making stylistic changes, as

follows:

Rule 2-522.

COURT DECISION - JURY VERDICT

. . .

(b)

Verdict

The verdict of a jury shall be unanimous unless the

parties stipulate at any time that a verdict or a finding of a

stated majority of the jurors shall be taken as the verdict or

finding of the jury.

court.

The verdict shall be returned in open

Upon the On request of a party or upon on the court's own

initiative, the jury shall be polled before it is discharged.

If

the poll discloses that the required number of jurors have jury,

or stated majority, has not concurred in the verdict, the court

may direct the jury to retire for further deliberation or may

discharge the jury.

. . .

-64-

MARYLAND RULES OF PROCEDURE

TITLE 3 - CIVIL PROCEDURE -- DISTRICT COURT

CHAPTER 500 - TRIAL

AMEND Rule 3-510 to add two Code references to the cross

reference after section (d), to change subsection (h)(1) by

substituting the term “custodian of records” for the term “health

care provider,” by deleting language relating to x-ray films, and

by deleting language referring to “the patient;” to add a cross

reference after subsection (h)(1); to add a tagline to subsection

(h)(1) and to change the term “health care provider” to the word

“custodian;” to add a tagline to subsection (h)(2) and to clarify

that the District Court may enter an order allowing the

inspection of certain records prior to trial; to add a tagline to

subsection (h)(3), to delete a word, and to add language

requiring that a subpoena state with specificity the reason for

the presence of the custodian; to delete a Code Reference in the

cross reference following subsection (h)(3), as follows:

Rule 3-510.

(a)

SUBPOENAS

Use

A subpoena is required to compel the person to whom it is

directed to attend, give testimony, and produce designated

documents or other tangible things at a court proceeding,

including proceedings before an examiner.

A subpoena is also

required to compel a nonparty and may be used to compel a party

-65-

over whom the court has acquired jurisdiction to attend, give

testimony, and produce and permit inspection and copying of

designated documents or other tangible things at a deposition

taken pursuant to Rule 3-401 or 3-431.

used for any other purpose.

A subpoena shall not be

If the court, on motion of a party

alleging a violation of this section or on its own initiative,

after affording the alleged violator a hearing, finds that a

party or attorney used or attempted to use a subpoena for a

purpose other than a purpose allowed under this section, the

court may impose an appropriate sanction upon the party or

attorney, including an award of a reasonable attorney's fee and

costs, the exclusion of evidence obtained by the subpoena, and

reimbursement of any person inconvenienced for time and expenses

incurred.

(b)

Issuance

On the request of a person entitled to the issuance of a

subpoena, the clerk shall issue a completed subpoena, or provide

a blank form of subpoena which shall be filled in and returned to

the clerk to be signed and sealed before service.

On the request

of an attorney or other officer of the court entitled to the

issuance of a subpoena, the clerk shall issue a subpoena signed

and sealed but otherwise in blank, which shall be filled in

before service.

(c)

Form

Every subpoena shall contain: (1) the caption of the

action, (2) the name and address of the person to whom it is

-66-

directed, (3) the name of the person at whose request it is

issued, (4) the date, time, and place where attendance is

required, (5) a description of any documents or other tangible

things to be produced.

(d)

Service

A subpoena shall be served by delivering a copy to the

person named or to an agent authorized by appointment or by law

to receive service for the person named or as permitted by Rule

3-121 (a)(3).

Service of a subpoena upon a party represented by

an attorney may be made by service upon the attorney under Rule

1-321 (a).

A subpoena may be served by a sheriff of any county

or by any person who is not a party and who is not less than 18

years of age. Unless impracticable, a party shall make a good

faith effort to cause a trial or hearing subpoena to be served at

least five days before the trial or hearing.

Cross reference: See Code, Courts Article, §6-410, concerning

service upon certain persons other than the custodian of public

records named in the subpoena if the custodian is not known and

cannot be ascertained after a reasonable effort. As to

additional requirements for certain subpoenas, see Code, HealthGeneral Article, §4-306 (b)(6) and Code, Financial Institutions

Article, §1-304.

(e)

Objection to Subpoena for Court Proceedings

On motion of a person served with a subpoena to attend a

court proceeding (including a proceeding before an examiner)

filed promptly and, whenever practicable, at or before the time

specified in the subpoena for compliance, the court may enter an

order that justice requires to protect the person from annoyance,

-67-

embarrassment, oppression, or undue burden or expense, including

one or more of the following:

(1) that the subpoena be quashed or modified;

(2) that the subpoena be complied with only at some

designated time or place other than that stated in the subpoena;

(3) that documents or other tangible things designated in the

subpoena be produced only upon the advancement by the party

serving the subpoena of the reasonable costs of producing them;

or

(4) that documents or other tangible things designated in the

subpoena be delivered to the court at or before the proceeding or

before the time when they are to be offered in evidence, subject

to further order of court to permit inspection of them.

(f)

Objection to Subpoena for Deposition

A person served with a subpoena to attend a deposition may

seek a protective order pursuant to Rule 2-403.

If the subpoena

also commands the production of documents or other tangible

things at the deposition, the person served may seek a protective

order pursuant to Rule 2-403 or may file, within ten days after

service of the subpoena, an objection to production of any or all

of the designated materials.

The objection shall be in writing

and shall state the reasons for the objection.

If an objection

is filed, the party serving the subpoena is not entitled to

production of the materials except pursuant to an order of the

court from which the subpoena was issued.

At any time before or

within 15 days after completion of the deposition and upon notice

-68-

to the deponent, the party serving the subpoena may move for an

order to compel the production.

(g)

Protection of Persons Subject to Subpoenas

A party or an attorney responsible for the issuance and

service of a subpoena shall take reasonable steps to avoid

imposing undue burden or expense on a person subject to the

subpoena.

Cross reference: For the availability of sanctions for

violations of this section, see Rules 1-201 (a) and 1-341.

(h)

Records of Health Care Providers Produced by Custodians

(1)

Generally

A health care provider, as defined by Code, Courts

Article, §3-2A-01 (e), custodian of records served with a

subpoena

to produce at trial records, including x-ray films,

relating to the condition or treatment of a patient at trial may

comply by delivering the records to the clerk of the court that

issued the subpoena at or before the time specified for

production.

The health care provider custodian may produce exact

copies of the records designated unless the subpoena specifies

that the original records be produced.

The records shall be

delivered in a sealed envelope labeled with the caption of the

action, the date specified for production, and the name and

address of the person at whose request the subpoena was issued.

The records shall be accompanied by a certificate of the

custodian that they are the complete records for the patient

requested for the period designated in the subpoena and that the

-69-

records are maintained in the regular course of business of the

health care provider.

The certification shall be prima facie

evidence of the authenticity of the records.

Cross reference: Code, Health-General Article, §4-306 (b)(6);

Code, Financial Institutions Article, §1-304.

(2)

During Trial

Unless the court has ordered that the records may be

inspected and copied prior to trial, Upon upon commencement of

the trial, the clerk shall release the records only to the

courtroom clerk assigned to the trial. The courtroom clerk shall

return the records to the clerk promptly upon completion of trial

or at an earlier time if there is no longer a need for them. Upon

final disposition of the action, the clerk shall return the

original records to the health care provider custodian but need

not return copies.

(3)

Presence of Custodian

When the actual presence of the custodian of medical

records is required, the subpoena shall so state with specificity

the reason for the presence of the custodian.

Cross reference: Code, Courts Article, §10-104 includes an

alternative method of authenticating medical records in certain

cases. Code, Health-General Article, §4-306 requires that a

subpoena to produce medical records without the authorization of

a person in interest be accompanied by a certification that a

copy of the subpoena has been served on the person whose records

are being sought or that the court has waived service for good

cause.

(i)

Attachment

A witness served with a subpoena under this Rule is liable

to body attachment and fine for failure to obey the subpoena

-70-

without sufficient excuse.

The writ of attachment may be

executed by the sheriff or peace officer of any county and shall

be returned to the court issuing it.

The witness attached shall

be taken immediately before the court if then in session.

If the

court is not in session, the witness shall be taken before a

judicial officer of the District Court for a determination of

appropriate conditions of release to ensure the witness'

appearance at the next session of the court that issued

the

attachment.

Source: This Rule is derived as follows:

Section (a) is new but the second sentence is derived in part

from former Rule 407 a.

Section (b) is new.

Section (c) is derived from former M.D.R. 114 a and b and 115

a.

Section (d) is derived from former M.D.R. 104 a and b and 116

b.

Section (e) is derived from former M.D.R. 115 b.

Section (f) is derived from the 1980 version of Fed. R. Civ. P.

45 (d)(1).

Section (g) is derived from the 1991 version of Fed. R. Civ. P.

45 (c)(1).

Section (h) is new.

Section (i) is derived from former M.D.R. 114 d and 742 e.

-71-

MARYLAND RULES OF PROCEDURE

TITLE 4 - CRIMINAL CAUSES

CHAPTER 200 - PRETRIAL PROCEDURES

AMEND 4-215 by adding to section (b) a requirement that the

court announce on the record a certain determination by the

court, as follows:

Rule 4-215.

WAIVER OF COUNSEL

. . .

(b)

Express Waiver of Counsel

If a defendant who is not represented by counsel indicates

a desire to waive counsel, the court may not accept the waiver

until it determines, after an examination of the defendant on the

record conducted by the court, the State's Attorney, or both, the

court determines and announces on the record that the defendant

is knowingly and voluntarily waiving the right to counsel.

If

the file or docket does not reflect compliance with section (a)

of this Rule, the court shall comply with that section as part of

the waiver inquiry.

The court shall ensure that compliance with

this section is noted in the file or on the docket.

At any

subsequent appearance of the defendant before the court, the

docket or file notation of compliance shall be prima facie proof

of the defendant's express waiver of counsel.

After there has

been an express waiver, no postponement of a scheduled trial or

-72-

hearing date will be granted to obtain counsel unless the court

finds it is in the interest of justice to do so.

. . .

-73-

MARYLAND RULES OF PROCEDURE

TITLE 4 - CRIMINAL CAUSES

CHAPTER 200 - PRETRIAL PROCEDURES

AMEND Rule 4-217 by adding a Code reference to section (g),

as follows:

Rule 4-217.

BAIL BONDS

. . .

(g)

Form and Contents of Bond - Execution

Every pretrial bail bond taken shall be in the form of the

bail bond set forth at the end of this Title as Form 4-217.2,

and, except as provided in Code, Criminal Procedure Article, §5214, shall be executed and acknowledged by the defendant and any

surety before the person who takes the bond.

. . .

-74-

MARYLAND RULES OF PROCEDURE

TITLE 4 - CRIMINAL CAUSES

CHAPTER 200 - PRETRIAL PROCEDURES

AMEND Rule 4-242 by adding to sections (c) and (d) a

requirement that the court announce on the record a certain

determination by the court and by adding to section (e) a

provision pertaining to the collateral consequences of pleading

guilty to certain offenses, as follows:

Rule 4-242.

PLEAS

. . .

(c)

Plea of guilty

The court may not accept a plea of guilty only after it

determines, upon until after an examination of the defendant on

the record in open court conducted by the court, the State's

Attorney, the attorney for the defendant, or any combination

thereof, the court determines and announces on the record that

(1) the defendant is pleading voluntarily, with understanding of

the nature of the charge and the consequences of the plea; and

(2) there is a factual basis for the plea.

In addition, before

accepting the plea, the court shall comply with section (e) of

this Rule.

The court may accept the plea of guilty even though

the defendant does not admit guilt.

Upon refusal to accept a

plea of guilty, the court shall enter a plea of not guilty.

(d)

Plea of Nolo Contendere

-75-

A defendant may plead nolo contendere only with the

consent of court.

The court may require the defendant or counsel

to provide information it deems necessary to enable it to

determine whether or not it will consent.

The court may not

accept the plea only after it determines, upon until after an

examination of the defendant on the record in open court

conducted by the court, the State's Attorney, the attorney for

the defendant, or any combination thereof, the court determines

and announces on the record that the defendant is pleading

voluntarily with understanding of the nature of the charge and

the consequences of the plea.

In addition, before accepting the

plea, the court shall comply with section (e) of this Rule.

Following the acceptance of a plea of nolo contendere, the court

shall proceed to disposition as on a plea of guilty, but without

finding a verdict of guilty.

If the court refuses to accept a

plea of nolo contendere, it shall call upon the defendant to

plead anew.

(e)

Collateral Consequences of a Plea of Guilty or Nolo

Contendere

Before the court accepts a plea of guilty or nolo

contendere, the court, the State's Attorney, the attorney for the

defendant, or any combination thereof shall advise the defendant

(1) that by entering the plea, if the defendant is not a United

States citizen, the defendant may face additional consequences of

deportation, detention, or ineligibility for citizenship, and (2)

that by entering a plea to the offenses set out in Code, Criminal

-76-

Procedure Article, §11-701, the defendant shall have to register

with the defendant’s supervising authority as defined in Code,

Criminal Procedure Article, §11-701 (i), and (2) (3) that the

defendant should consult with defense counsel if the defendant is

represented and needs additional information concerning the

potential consequences of the plea.

The omission of advice

concerning the collateral consequences of a plea does not itself

mandate that the plea be declared invalid.

. . .

-77-

MARYLAND RULES OF PROCEDURE

TITLE 4 - CRIMINAL CAUSES

CHAPTER 200 - PRETRIAL PROCEDURES

AMEND Rule 4-246 to make a stylistic change to section (a),

to require that a court announce on the record a determination

that a waiver is made knowingly and voluntarily, and to add a

Committee note and a cross reference after section (b), as

follows:

Rule 4-246.

(a)

WAIVER OF JURY TRIAL – CIRCUIT COURT

Generally

In the circuit court, a defendant having a right to trial

by jury shall be tried by a jury unless the right is waived

pursuant to section (b) of this Rule.

If the waiver is accepted

by the court, the The State may does not have the right to elect

a trial by jury.

(b)

Procedure for Acceptance of Waiver

A defendant may waive the right to a trial by jury at any

time before the commencement of trial.

The court may not accept

the waiver until, it determines, after an examination of the

defendant on the record in open court conducted by the court, the

State's Attorney, the attorney for the defendant, or any

combination thereof, the court determines and announces on the

record that the waiver is made knowingly and voluntarily.

Committee note: Although the law does not require the court to

use a specific form of inquiry in determining whether a

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defendant’s waiver of a jury trial is knowing and voluntary, the

record must demonstrate an intentional relinquishment of a known

right. What questions must be asked will depend upon the facts

and circumstances of the particular case.

In determining whether a waiver is knowing, the court should

seek to ensure that the defendant understands that: (1) the

defendant has the right to a trial by jury; (2) unless the

defendant waives a trial by jury, the case will be tried by a

jury; (3) a jury consists of 12 individuals who reside in the

county where the court is sitting, selected at random from a list

that includes registered voters, licensed drivers, and holders of

identification cards issued by the Motor Vehicle Administration,

seated as jurors at the conclusion of a selection process in

which the defendant, the defendant’s attorney, and the State

participate; (4) all 12 jurors must agree on whether the

defendant is guilty or not guilty and may only convict upon proof

beyond a reasonable doubt; (5) if the jury is unable to reach a

unanimous decision, a mistrial will be declared and the State

will then have the option of retrying the defendant; and (6) if

the defendant waives a jury trial, the court will not permit the

defendant to change the election unless the court finds good

cause to permit the change.

In determining whether a waiver is voluntary, the court

should consider the defendant’s responses to questions such as:

(1) Are you making this decision of your own free will?; (2) Has

anyone offered or promised you anything in exchange for giving up

your right to a jury trial?; (3) Has anyone threatened or coerced

you in any way regarding your decision?; and (4) Are you

presently under the influence of any medications, drugs, or

alcohol?.

Cross reference: See Kang v. State, 393 Md. 97 (2006) and

Abeokuto v. State, 391 Md. 289 (2006).

(c)

Withdrawal of a Waiver

After accepting a waiver of jury trial, the court may

permit the defendant to withdraw the waiver only on motion made

before trial and for good cause shown.

In determining whether to

allow a withdrawal of the waiver, the court may consider the

extent, if any, to which trial would be delayed by the

withdrawal.

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Source:

This Rule is derived from former Rule 735.

MARYLAND RULES OF PROCEDURE

TITLE 4 - CRIMINAL CAUSES

CHAPTER 200 - PRETRIAL PROCEDURES

AMEND Rule 4-264 to add a cross reference at the end of the

Rule, as follows:

Rule 4-264.

SUBPOENA FOR TANGIBLE EVIDENCE BEFORE TRIAL IN

CIRCUIT COURT

On motion of a party, the circuit court may order the

issuance of a subpoena commanding a person to produce for

inspection and copying at a specified time and place before trial

designated documents, recordings, photographs, or other tangible

things, not privileged, which may constitute or contain evidence

relevant to the action.

Any response to the motion shall be

filed within five days.

Cross reference: As to additional requirements for certain

subpoenas, see Code, Health-General Article, §4-306 (b)(6) and

Code, Financial Institutions Article, §1-304.

Source:

This Rule is derived from former Rule 742 a.

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MARYLAND RULES OF PROCEDURE

TITLE 4 - CRIMINAL CAUSES

CHAPTER 200 - PRETRIAL PROCEDURES

AMEND Rule 4-265 to add definitions to a new section (a); to

delete language from section (b); to change the tagline of and

delete language from section (c); to add a new section (d)

providing that a subpoena include a designation of the materials,

not privileged, that are to be produced by the witness; to add a

new section (e) pertaining to filing and service; to add a cross

reference after section (e); and to make stylistic changes, as

follows:

Rule 4-265.

(a)

SUBPOENA FOR HEARING OR TRIAL

Definitions

(1)

Trial

For purposes of this Rule, “trial” includes hearing.

(2)

Trial Subpoena

For purposes of this Rule, “trial subpoena” includes

hearing subpoena.

(a) (b) Preparation by Clerk

On request of a party, the clerk shall prepare and issue a

subpoena commanding a witness to appear to testify at a hearing

or trial.

Unless the court waives the time requirements of this

section, the request shall be filed at least nine days before

trial in circuit court, or seven days before trial in District

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Court, not including the day of trial and intervening Saturdays,

Sundays, and holidays.

The request for subpoena shall state the

name, address, and county of the witness to be served, the date

and hour when the attendance of the witness is required, and the

which party requesting has requested the subpoena.

If the

request is for a subpoena duces tecum, the request also shall

contain a designation of designate the relevant documents,

recordings, photographs, or other tangible things, not

privileged, which constitute or contain evidence relevant to the

action, that are to be produced by the witness.

At least five

days before trial, not including the day of trial and intervening

Saturdays, Sundays, or holidays, the clerk shall deliver the

subpoena for service pursuant to Rule 4-266 (b).

(b) (c) Preparation by Party or Officer of the Court

On request of a party entitled to the issuance of a

subpoena, the clerk shall provide a blank form of subpoena which

shall be filled in and returned to the clerk to be signed and

sealed before service.

On request of an attorney or other

officer of the court entitled to the issuance of a subpoena, the

clerk shall issue a subpoena signed and sealed but otherwise in

blank, which shall be filled in before service.

Unless

impracticable, a party shall make a good faith effort to cause a

trial or hearing subpoena to be served at least five days before

the trial or hearing.

(d) Issuance of Subpoena Duces Tecum

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A subpoena duces tecum shall include a designation of the

documents, recordings, photographs, or other tangible things, not

privileged, that are to be produced by the witness.

(e)

Filing and Service

Unless the court waives the time requirements of this

section, a request for subpoena shall be filed at least nine days

before trial in the circuit court, or seven days before trial in

the District Court, not including the date of trial and

intervening Saturdays, Sundays, and holidays.

At least five days

before trial, not including the date of the trial and intervening

Saturdays, Sundays, or holidays, the clerk shall deliver the

subpoena for service pursuant to Rule 4-266 (b).

Unless

impracticable, there must be a good faith effort to cause a trial

subpoena to be served at least five days before the trial.

Cross reference: As to additional requirements for certain

subpoenas, see Code, Health-General Article, §4-306 (b)(6) and

Code, Financial Institutions Article, §1-304.

Source: This Rule is in part derived from former Rule 742 b and

M.D.R. 742 a and in part new.

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MARYLAND RULES OF PROCEDURE

TITLE 4 - CRIMINAL CAUSES

CHAPTER 300 - TRIAL AND SENTENCING

AMEND Rule 4-312 by adding a new subsection (a)(1) and a new

cross reference after subsection (a)(1), by adding a new

subsection (a)(2), by adding to and deleting language from

section (b), by adding to and deleting language from subsection

(c)(1), by adding new subsections (c)(2) and (c)(3), by adding to

and deleting language from subsection (d)(1), by renumbering

section (e) as subsection (d)(2) with an additional word added to

it, by deleting section (f), by renumbering section (g) as

section (e), by adding to and deleting language from section (e),

by relettering section (h) as section (f), by adding to and

deleting language from subsection (f)(1), by adding new

subsections (f)(2)and (f)(3), by making the second sentence

of section (h) into section (g) with language changes, and by

making stylistic changes, as follows:

Rule 4-312.

JURY SELECTION

(a) Jury Size and Challenge to the Array

(1) Size

Before a trial begins, the trial judge shall decide (A)

the required number of sworn jurors, including any alternates and

(B) the size of the array of qualified jurors needed.

Cross reference: See Code, Courts Article, §8-420 (b) and Code,

Criminal Law Article, §2-303 (d).

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(2)

Insufficient Array

If the array is insufficient for jury selection, the

trial judge may direct that additional qualified jurors be

summoned at random from the qualified juror pool as provided by

statute.

(3)

Challenge to the Array

A party may challenge the array of jurors on the ground

that its members were not selected, drawn, or summoned according

to law, or on any other ground that would disqualify the panel

array as a whole. A challenge to the array shall be made and

determined before any individual juror from that member of the

array is examined, except that the court trial judge for good

cause may permit it the challenge to be made after the jury is

sworn but before any evidence is received.

(b) Alternate Jurors General Requirements

(1)

Generally

An alternate juror All individuals to be impanelled on

the jury, including any alternates, shall be drawn selected in

the same manner, have the same qualifications, and be subject to

the same examination, take the same oath, and have the same

functions, powers, facilities, and privileges as a juror.

(2)

Capital Cases

In cases in which the death penalty may be imposed, the

court shall appoint and retain alternate jurors as required by

Code, Criminal Law Article, §2-303 (d).

(3)

Non-capital Cases

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In all other cases, the court may direct that one or

more jurors be called and impanelled to sit as alternate jurors.

Any juror who, before the time the jury retires to consider its

verdict, becomes or is found to be unable or disqualified to

perform a juror’s duty, shall be replaced by an alternate juror

in the order of selection.

An alternate juror who does not

replace a juror shall be discharged when the jury retires to

consider its verdict.

(c)

Jury List

(1)

Contents

Before the examination of qualified jurors, each party

shall be provided with a list of jurors that includes the each

juror’s name, address, age, sex, education, and occupation, of

each juror, the spouse’s occupation of each juror’s spouse, and

any other information required by the county jury plan Rule. When

the county jury plan requires the address of a juror, Unless the

trial judge orders otherwise, the address shall be limited to the

city or town and zip code and shall not include the juror’s

street address or box number, unless otherwise ordered by the

court.

(2)

Dissemination

(A) Allowed

A party may provide the jury list to any person

employed by the party to assist in jury selection.

With

permission of the trial judge, the list may be disseminated to

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other individuals such as the courtroom clerk or court reporter

for use in carrying out official duties.

(B) Prohibited

Unless the trial judge orders otherwise, a party and

any other person to whom the jury list is provided in accordance

with subsection (c)(2)(A) of this Rule may not disseminate the

list or the information contained on the list to any other

person.

(3) Not Part of the Case Record; Exception

Unless the court orders otherwise, copies of jury lists

shall be returned to the jury commissioner.

Unless marked for

identification and offered in evidence pursuant to Rule 4-322, a

jury list is not part of the case record.

Cross reference: See Rule 16-1009 concerning motions to seal or

limit inspection of a case record.

(d)

Examination of Jurors and Challenges for Cause

(1)

Examination

The court trial judge may permit the parties to conduct

an examination of prospective qualified jurors or may itself

conduct the examination after considering questions proposed by

the parties.

If the court judge conducts the examination, it the

judge may permit the parties to supplement the examination by

further inquiry or may itself submit to the jurors additional

questions proposed by the parties.

examination shall be under oath.

The jurors’ responses to any

Upon On request of any party,

the court judge shall direct the clerk to call the roll of the

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panel array and to request each qualified juror to stand and be

identified when called by name.

(e) (2)

Challenges for Cause

A party may challenge an individual qualified juror for

cause.

A challenge for cause shall be made and determined before

the jury is sworn, or thereafter for good cause shown.

(f)

Additional Jurors

When the number of jurors of the regular panel may be

insufficient to allow for selection of a jury, the court may

direct that additional jurors be summoned at random from the

qualified jury wheel and thereafter at random in a manner

provided by statute.

(g) (e) Designation of List of Qualified Jurors Peremptory

Challenges

Before the exercise of peremptory challenges, the court

trial judge shall designate from the jury list those jurors

individuals on the jury list who have remain qualified after

examination.

The number designated shall be sufficient to

provide the required number of sworn jurors, including any and

alternates, to be sworn after allowing for the exercise of

peremptory challenges pursuant to Rule 4-313.

The court judge

shall at the same time prescribe the order to be followed in

selecting the jurors and alternate jurors individuals from the

list.

(h) (f)

(1)

Impanelling the Impanelled Jury

Impanelling

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The jurors and any alternates individuals to be

impanelled as sworn jurors, including any alternates, shall be

called from the qualified jurors remaining on the jury list in

the order previously designated by the court trial judge and

shall be sworn.

(2)

Oath; Functions, Powers, Facilities, and Privileges

All sworn jurors, including any alternates, shall take

the same oath and, until discharged from jury service, have the

same functions, powers, facilities, and privileges.

(3)

Discharge of Jury Member

At any time before the jury retires to consider its

verdict, the trial judge may replace any jury member whom the

trial judge finds to be unable or disqualified to perform jury

service with an alternate in the order of selection set under

section (e).

When the jury retires to consider its verdict, the

trial judge shall discharge any remaining alternates who did not

replace another jury member.

(g)

Foreperson

The court trial judge shall designate a sworn juror as

foreman foreperson.

Source: This Rule is derived as follows:

Section (a) is in part derived from former Rule 754 a and in

part new.

Section (b) is derived from former Rule 751 b.

Section (c) is new.

Section (d) is derived from former Rules 752 and 754 b.

Section (e) is derived from former Rule 754 b 753.

Section (f) is new.

Section (g) is derived from former Rule 753 b 1.

Section (h) is derived from former Rule 751 c and d.

Section (g) is derived from former Rule 751 d.

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MARYLAND RULES OF PROCEDURE

TITLE 4 - CRIMINAL CAUSES

CHAPTER 300 - TRIAL AND SENTENCING

AMEND Rule 4-313 by adding the word “qualified” to modify

the word “juror” in subsections (b)(1) and (b)(3), as follows:

Rule 4-313.

PEREMPTORY CHALLENGES

. . .

(b)

Exercise of Challenges

(1)

By Alternating Challenges

On request of any party for alternating challenges, the

clerk shall call each qualified juror individually in the order

previously designated by the court.

When the first qualified

juror is called, the State shall indicate first whether that

qualified juror is challenged or accepted.

When the second

qualified juror is called, the defendant shall indicate first

whether that qualified juror is challenged or accepted.

When the

third qualified juror is called, the State shall again indicate

first whether that qualified juror is challenged or accepted, and

the selection of a jury shall continue with challenges being

exercised alternately in this fashion until the jury has been

selected.

(2)

By Simultaneous Striking from a List

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If no request is made for alternating challenges, each

party shall exercise its challenges simultaneously by striking

names from a copy of the jury list.

(3)

Remaining Challenges

After the required number of qualified jurors has been

called, a party may exercise any remaining peremptory challenges

to which the party is entitled at any time before the jury is

sworn, except that no challenge to the first 12 qualified jurors

shall be permitted after the first alternate juror is called.

. . .

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MARYLAND RULES OF PROCEDURE

TITLE 4 - CRIMINAL CAUSES

CHAPTER 300 - TRIAL AND SENTENCING

AMEND Rule 4-314 by changing the word “prospective” to the

word “qualified” in subsection (b)(3), as follows:

Rule 4-314.

DEFENSE OF NOT CRIMINALLY RESPONSIBLE

. . .

(b)

Procedure for Bifurcated Trial

(1)

Generally

For purposes of this Rule, a bifurcated trial is a

single continuous trial in two stages.

(2)

Sequence

The issue of guilt shall be tried first. The issue of

criminal responsibility shall be tried as soon as practicable

after the jury returns a verdict of guilty on any charge. The

trial shall not be recessed except for good cause shown.

(3)

Examination of Jurors

The court shall inform prospective qualified jurors

before examining them pursuant to Rule 4-312 (d) that the issues

of guilt or innocence and whether, if guilty, the defendant is

criminally responsible will be tried in two stages.

The

examination of prospective qualified jurors shall encompass all

issues raised.

. . .

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MARYLAND RULES OF PROCEDURE

TITLE 4 - CRIMINAL CAUSES

CHAPTER 300 - TRIAL AND SENTENCING

AMEND Rule 4-326 by deleting language from section (a), by

adding the word “sworn” to modify the words “juror” and “jurors,”

by adding language referring to alternates and by making

stylistic changes in section (a), and by adding the word “sworn”

to modify the word “jurors” and by making stylistic changes to

section (b), as follows:

Rule 4-326.

(a)

JURY - REVIEW OF EVIDENCE - COMMUNICATIONS

Jurors' Notes

The court may, and upon on request of any party shall,

provide paper notepads for use by sworn jurors, including any

alternates, during trial and deliberations.

The court shall

maintain control over the jurors’ notes during the trial and

promptly destroy the jurors’ notes after the trial.

A juror's

notes Notes may not be reviewed or relied upon for any purpose by

any person other than the juror author.

If a sworn juror is

unable to use a notepad because of a disability, the court shall

provide a reasonable accommodation.

(b)

Items Taken to Jury Room

Jurors Sworn jurors may take their notes with them when they

retire for deliberation.

Unless the court for good cause orders

otherwise, the jury may also take the charging document and

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exhibits which that have been admitted into in evidence, except

that a deposition may not be taken into the jury room without the

agreement of all parties and the consent of the court.

Electronically recorded instructions or oral instructions reduced

to writing may be taken into the jury room only with the

permission of the court.

On request of a party or on the court's

own initiative, the charging documents shall reflect only those

charges on which the jury is to deliberate.

The court may impose

safeguards for the preservation of the exhibits and the safety of

the jurors jury.

Cross reference:

See Rule 5-802.1 (e).

. . .

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MARYLAND RULES OF PROCEDURE

TITLE 4 - CRIMINAL CAUSES

CHAPTER 300 - TRIAL AND SENTENCING

AMEND Rule 4-327 by changing the word “foreman” to the word

“foreperson” in section (a) and by adding the word “sworn” to

modify the word “jurors” in section (e), as follows:

Rule 4-327.

(a)

VERDICT - JURY

Return

The verdict of a jury shall be unanimous and shall be

returned in open court.

(b)

Sealed Verdict

With the consent of all parties, the court may authorize

the rendition of a sealed verdict during a temporary adjournment

of court.

A sealed verdict shall be in writing and shall be

signed by each member of the jury.

It shall be sealed in an

envelope by the foreman foreperson of the jury who shall write on

the outside of the envelope "Verdict Case No. ........" "State of

Maryland vs. ...................." and deliver the envelope to

the clerk.

The jury shall not be discharged, but the clerk shall

permit the jury to separate until the court is again in session

at which time the jury shall be called and the verdict opened and

received as other verdicts.

. . .

(e)

Poll of Jury

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On request of a party or on the court's own initiative,

the jury shall be polled after it has returned a verdict and

before it is discharged.

If the sworn jurors do not unanimously

concur in the verdict, the court may direct the jury to retire

for further deliberation, or may discharge the jury if satisfied

that a unanimous verdict cannot be reached.

. . .

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MARYLAND RULES OF PROCEDURE

TITLE 4 - CRIMINAL CAUSES

CHAPTER 300 - TRIAL AND SENTENCING

AMEND Rule 4-341 to include statutes that require

presentence investigation and report, as follows:

Rule 4-341.

SENTENCING - PRESENTENCE INVESTIGATION AND REPORT

Before imposing a sentence, if required by law the court in

accordance with Code, Correctional Services Article, §6-112 (c)

and Code, Criminal Procedure Article, §11-727 shall, and in other

cases may, order a presentence investigation and report.

A copy

of the report, including any recommendation to the court, shall

be mailed or otherwise delivered to the defendant or counsel and

to the State's Attorney in sufficient time before sentencing to

afford a reasonable opportunity for the parties to investigate

the information in the report.

Except for any portion of a

presentence report that is admitted into evidence, the report,

including any recommendation to the court, is not a public record

and shall be kept confidential as provided in Code, Correctional

Services Article, §6-112.

Cross reference: See, e.g., As to mandatory presentence

investigations, see Sucik v. State, 344 Md. 611 (1997). As to

the handling of a presentence report victim impact statements in

presentence reports, see Ware v. State, 348 Md. 19 (1997)., and

As to the confidentiality and availability of presentence

reports, see Haynes v. State, 19 Md. App. 428 (1973).

Source:

771.

This Rule is derived from former Rule 771 and M.D.R.

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MARYLAND RULES OF PROCEDURE

TITLE 4 - CRIMINAL CAUSES

CHAPTER 500 - EXPUNGEMENT OF RECORDS

AMEND Rule 4-502 to expand the definitions in sections (d),

(h), and (i) to include a reference to certain civil offenses and

infractions and to delete section (g), as follows:

Rule 4-502.

EXPUNGEMENT DEFINITIONS

The following definitions apply in this Chapter and in Forms

4-503.1 through 4-508.3:

(a)

Application

"Application" means the written request for expungement of

police records filed pursuant to Code, Criminal Procedure

Article, §10-103 and Rule 4-503.

(b)

Central Repository

"Central Repository" means the Criminal Justice

Information System Central Repository of the Department of Public

Safety and Correctional Services.

(c)

Court

"Court" means the Court of Appeals, Court of Special

Appeals, any circuit court, and the District Court.

(d)

Court Records

"Court records" means all official records maintained by

the clerk or other personnel pertaining to (1) any criminal

action, (2) any action, except a juvenile proceeding, concerning

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a civil offense or infraction under a State or local law enacted

as a substitute for a criminal charge, or (3) any proceeding for

expungement.

It includes indices, docket entries, charging

documents, pleadings, memoranda, assignment schedules,

disposition sheets, transcriptions of proceedings, electronic

recordings, orders, judgments, and decrees.

It does not include:

records pertaining to violations of the vehicle laws of the State

or of any other traffic law, ordinance, or regulation; written

opinions of a court; cash receipt and disbursement records

necessary for audit purposes; or a court reporter's transcript of

proceedings involving multiple defendants.

(e)

Expungement

"Expungement" means the effective removal of police and

court records from public inspection:

(1) by obliteration; or

(2) by removal to a separate secure area to which the public

and other persons having no legitimate reason for being there are

denied access; or

(3) if effective access to a record can be obtained only by

reference to other records, by the expungement of the other

records or the part of them providing the access.

(f)

Law Enforcement Agency

"Law enforcement agency" means any State, county, and

municipal police department or agency, any sheriff's office, any

State's Attorney's office, the Office of the State Prosecutor,

and the Attorney General's office.

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(g)

Notice

"Notice" means a written request for expungement of police

records given by a person pursuant to the Code, Criminal

Procedure Article, §10-103, unless the context clearly requires a

contrary meaning.

(h) (g) Petition

"Petition" means a written request for expungement of

court and police records filed by a person pursuant to Code,

Criminal Procedure Article, §10-105 (a) and Rule 4-504.

(i) (h) Police Records

"Police records" means all official records maintained by

a law enforcement agency, a booking facility, or the Central

Repository pertaining to the arrest and detention of or further

proceeding against an individual for a criminal charge; for a

suspected violation of a criminal law, or; a violation of Code,

Transportation Article for which a term of imprisonment may be

imposed; or a civil offense or infraction, except a juvenile

offense, under a State or local law enacted as a substitute for a

criminal charge.

"Police records" does not include investigatory

files, police work-product records used solely for police

investigation purposes, or records pertaining to nonincarcerable

violations of the vehicle laws of the State or of any other

traffic law, ordinance, or regulation.

(j) (i) Probation Before Judgment

"Probation before judgment" means disposition of a charge

pursuant to Code, Criminal Procedure Article, §6-220 or a civil

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offense or infraction, except a juvenile offense, under a State

or local law enacted as a substitute for a criminal charge; it

also means probation prior to judgment pursuant to former Code,

Article 27, §641, a disposition pursuant to former Code, Article

27, §292 (b), probation without finding a verdict pursuant to

former Code, Article 27, §641 prior to July 1, 1975, and a

disposition pursuant to former Section 22-83 of the Code of

Public Local Laws of Baltimore City (1969 Edition).

(k) (j) Records

"Records" means "police records" and "court records."

(l) (k) Service

"Service" with respect to the application or petition

means mailing a copy by certified mail or delivering it to any

person admitting service, and with respect to any answer, notice,

or order of court required by this Rule or court order to be

served means mailing by first class mail.

(m) (l) Transfer

"Transfer" means the act, done pursuant to an order of

court, of removing an action or proceeding from the court or

docket in which it was originally filed or docketed to such other

proper court or docket as the nature of the case may require.

Source:

This Rule is derived from former Rule EX1.

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MARYLAND RULES OF PROCEDURE

TITLE 4 - CRIMINAL CAUSES

CHAPTER 500 - EXPUNGEMENT OF RECORDS

AMEND Rule 4-503 to add language to the title, to delete

language from and add language to section (a) complying with

statutory changes, and to add a Committee note after section (d)

referencing a new statute, as follows:

Rule 4-503.

APPLICATION FOR EXPUNGEMENT OF RECORD FOR AN ARREST,

DETENTION, OR CONFINEMENT OCCURRING BEFORE OCTOBER 1, 2007 WHEN

NO CHARGES FILED

(a)

Scope and Venue

An application for expungement of police records may be

filed by any person who has been arrested, detained, or confined by

a law enforcement agency, and has subsequently been released

without having been charged with a crime, if (1) the applicant has

first served on the law enforcement agency that arrested, detained,

or confined the applicant a notice and written request for

expungement in the form set forth at the end of this Title as Form

4-503.1, which, if shall be served within three eight years after

the applicant's arrest, detention, or confinement, shall be

accompanied by a duly executed General Waiver and Release in the

form set forth as Form 4-503.2 date of the incident; and (2) the

request for expungement has been denied or has not been acted upon

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within 60 days after its receipt it was served.

The application

shall be filed in the District Court for the county in which the

applicant was first arrested, detained, or confined.

Cross reference:

(b)

Code, Criminal Procedure Article, §10-103.

Contents - Time for Filing

The application shall be in the form set forth at the end of

this Title as Form 4-503.3 and shall be filed within 30 days after

service of notice that the request for expungement is denied by the

agency or, if no action is taken by the agency, within 30 days

after expiration of the time period provided in subsection (a)(2)

of this Rule.

(c)

Copies for Service

The applicant shall file with the clerk a sufficient number

of copies of the application for service on the State's Attorney

and each law enforcement agency named in the application.

(d)

Procedure upon Filing

Upon filing of an application, the clerk shall docket the

proceeding, issue a Notice of Hearing in the form set forth at the

end of this Title as Form 4-503.4, and serve copies of the

application and notice on the State's Attorney and each law

enforcement agency named in the application.

Committee note: Law enforcement units will automatically expunge

records pertaining to arrests, detentions, and confinements

occurring on or after October 1, 2007 that do not result in a

criminal charge. If the person who has been arrested, detained, or

confined does not receive a notice of expungement from the law

enforcement unit within 60 days after the person’s release or does

not receive a writing from the law enforcement unit within 60 days

of the notice advising the person of compliance with the order to

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expunge, the person may seek redress by means of any appropriate

legal remedy and recover court costs. See Code, Criminal Procedure

Article, §10-103.1.

Source:

This Rule is derived from former Rule EX3 a and c 1 and 2.

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MARYLAND RULES OF PROCEDURE

TITLE 4 - CRIMINAL CAUSES

CHAPTER 600 - CRIMINAL INVESTIGATIONS AND

MISCELLANEOUS PROVISIONS

AMEND Rule 4-643 to change the word “foreman” to the word

“foreperson” in section (a), as follows:

Rule 4-643.

(a)

SUBPOENA

To Appear Before the Grand Jury

Any subpoena to appear before the grand jury shall be

issued: (1) by the clerk of a circuit court on request of the

State's Attorney or the grand jury; or (2) by the grand jury

through its foreman foreperson or deputy foreman foreperson.

The

subpoena shall contain the information required by Rule 4-266 (a).

(b)

Enforcement - Protective Order

A subpoena to appear before the grand jury or pursuant to

Article 10, §39A is enforceable only in circuit court in the manner

set forth in Rule 4-266 (d) and the witness or a person asserting a

privilege to prevent disclosure by the witness may apply for a

protective order pursuant to Rule 4-266 (c).

Source:

This Rule is new.

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MARYLAND RULES OF PROCEDURE

TITLE 5 - EVIDENCE

CHAPTER 100 - GENERAL PROVISIONS

AMEND Rule 5-101 by adding a new section (d) to clarify that

lawful privileges must be respected, as follows:

Rule 5-101.

SCOPE

. . .

(d)

Privileges

In all actions and proceedings, lawful privileges shall be

respected.

Source: This Rule is derived in part from Uniform Rule of Evidence

1101 and is in part new.

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MARYLAND RULES OF PROCEDURE

TITLE 5 - EVIDENCE

CHAPTER 600 - WITNESSES

AMEND Rule 5-606 by adding the word “sworn” to modify the

word “juror” in section (a) and subsections (b)(1) and (b)(2), by

deleting language from subsection (b)(3) and making style

changes, and by changing the word “petit” to the word “trial” and

adding the word “trial” to modify the word “jury” in section (c),

as follows:

Rule 5-606.

(a)

COMPETENCY OF JUROR AS WITNESS

At the Trial

A member of a jury may not testify as a witness before that

jury in the trial of the case in which the sworn juror is sitting.

If the sworn juror is called to testify, the opposing party shall

be afforded an opportunity to object out of the presence of the

jury.

(b)

Inquiry into Validity of Verdict

(1)

In any inquiry into the validity of a verdict, a sworn

juror may not testify as to (A) any matter or statement occurring

during the course of the jury's deliberations, (B) the effect of

anything upon that or any other sworn juror's mind or emotions as

influencing the sworn juror to assent or dissent from the verdict,

or (C) the sworn juror's mental processes in connection with the

verdict.

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(2)

A sworn juror's affidavit or evidence of any statement by

the juror concerning a matter about which the juror would be

precluded from testifying may not be received for these purposes.

(3)

A juror's notes Notes made in accordance with under Rule

2-521 (a) or Rule 4-326 (a) may not be used to impeach a verdict.

(c)

"Verdict" Defined

For purposes of this Rule, "verdict" means (1) a verdict

returned by a petit trial jury or (2) a sentence returned by a

trial jury in a sentencing proceeding conducted pursuant to Code,

Criminal Law Article, §2-303 or §2-304.

Committee note: This Rule does not address or affect the secrecy

of grand jury proceedings.

Source:

This Rule is derived in part from F.R.Ev. 606.

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MARYLAND RULES OF PROCEDURE

TITLE 5 - EVIDENCE

CHAPTER 600 - WITNESSES

AMEND Rule 5-609 to update a statutory reference in a

Committee note, as follows:

Rule 5-609.

IMPEACHMENT BY EVIDENCE OF CONVICTION OF CRIME

. . .

(d)

Effect of Plea of Nolo Contendere

For purposes of this Rule, "conviction" includes a plea of

nolo contendere followed by a sentence, whether or not the sentence

is suspended.

Committee note: See Code, Courts Article, §3-824 §3-8A-23 for the

effect of juvenile adjudications and for restrictions on their

admissibility as evidence generally. Evidence of these

adjudications may be admissible under the Confrontation Clause to

show bias; see Davis v. Alaska, 415 U.S. 308 (1974).

Source:

This Rule is derived from F.R.Ev. 609 and Rule 1-502.

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MARYLAND RULES OF PROCEDURE

TITLE 5 - EVIDENCE

CHAPTER 800 - HEARSAY

AMEND Rule 5-803 by correcting the cross reference after

subsection (b)(6), as follows:

Rule 5-803.

HEARSAY EXCEPTIONS: UNAVAILABILITY OF DECLARANT NOT

REQUIRED

. . .

(b) Other Exceptions

(1)

Present Sense Impression

A statement describing or explaining an event or condition

made while the declarant was perceiving the event or condition, or

immediately thereafter.

(2)

Excited Utterance

A statement relating to a startling event or condition

made while the declarant was under the stress of excitement caused

by the event or condition.

(3)

Then Existing Mental, Emotional, or Physical Condition

A statement of the declarant's then existing state of

mind, emotion, sensation, or physical condition (such as intent,

plan, motive, design, mental feeling, pain, and bodily health),

offered to prove the declarant's then existing condition or the

declarant's future action, but not including a statement of memory

or belief to prove the fact remembered or believed unless it

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relates to the execution, revocation, identification, or terms of

declarant's will.

(4)

Statements for Purposes of Medical Diagnosis or Treatment

Statements made for purposes of medical treatment or

medical diagnosis in contemplation of treatment and describing

medical history, or past or present symptoms, pain, or sensation,

or the inception or general character of the cause or external

sources thereof insofar as reasonably pertinent to treatment or

diagnosis in contemplation of treatment.

(5)

Recorded Recollection

See Rule 5-802.1 (e) for recorded recollection.

(6)

Records of Regularly Conducted Business Activity

A memorandum, report, record, or data compilation of acts,

events, conditions, opinions, or diagnoses if (A) it was made at or

near the time of the act, event, or condition, or the rendition of

the diagnosis, (B) it was made by a person with knowledge or from

information transmitted by a person with knowledge, (C) it was made

and kept in the course of a regularly conducted business activity,

and (D) the regular practice of that business was to make and keep

the memorandum, report, record, or data compilation.

A record of

this kind may be excluded if the source of information or the

method or circumstances of the preparation of the record indicate

that the information in the record lacks trustworthiness.

In this

paragraph, "business" includes business, institution, association,

profession, occupation, and calling of every kind, whether or not

conducted for profit.

-111-

Cross reference:

Rule 5-902 (11) (b).

. . .

-112-

MARYLAND RULES OF PROCEDURE

TITLE 5 - EVIDENCE

CHAPTER 900 - AUTHENTICATION AND IDENTIFICATION

AMEND Rule 5-902 to correct the placement of a comma and the

language of the form of certificate, as follows:

Rule 5-902.

SELF-AUTHENTICATION

. . .

(b)

Certified Records of Regularly Conducted Business

Activity

. . .

(2)

Form of Certificate

For purposes of subsection (b)(1) of this Rule, the

original or duplicate of the business record shall be certified

in substantially the following form:

Certification of Custodian of Records

or Other Qualified Individual

I, ________________________________, do hereby certify that:

(1)

I am the Custodian of Records of or am otherwise qualified

to administer the records for:

___________________________________________________ (identify the

organization that maintains the records), and

(2)

The attached records

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(a) are true and correct copies of records that were made

at or near the time of the occurrence of the matters set forth, by,

or from the information transmitted by, a person with knowledge of

these matters; and

(b) were kept in the course of the regulated regularly

conducted activity; and

(c) were made and kept by the regularly conducted business

activity as a regular practice.

I declare under penalty of perjury that the foregoing is true

and correct.

___________________________________

Signature and Title

___________________________________

Date

. . .

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MARYLAND RULES OF PROCEDURE

TITLE 6 - SETTLEMENT OF DECEDENTS’ ESTATES

CHAPTER 100 - GENERAL PROVISIONS

AMEND Rule 6-122 to eliminate duplicate language in the

caption of the initial petition, to conform statement 1. to the

language of Code, Estates and Trusts Article, §5-105 (b)(4), to

change the word “QUALIFIED” to the word “LIMITED” in the caption

in section (c), to capitalize the word “ordered” in the caption

in section (c), to change the word “of” to the word “for” in the

Limited Order to Locate Assets in section (c), and to change the

word “for” and to capitalize the word “ordered” in the Limited

Order to Locate Will in section (d), as follows:

Rule 6-122.

(a)

PETITIONS

Initial Petition

The Initial Petition shall be in the following form:

IN THE ORPHANS' COURT FOR

(OR)

________________________, MARYLAND

BEFORE THE REGISTER OF WILLS FOR

IN THE ESTATE OF:

________________________________________ ESTATE NO: ____________

FOR:

[ ] REGULAR ESTATE

[ ] SMALL ESTATE

[ ] WILL OF [ ] LIMITED

PETITION FOR

PETITION FOR

NO ESTATE

ORDERS

ADMINISTRATION

ADMINISTRATION

Complete

Complete

Estate value in

Estate value of

items 2

item 2

excess of $30,000.

$30,000 or less.

and 5

and attach

(If spouse is sole

(If spouse is sole

Schedule C

heir or legatee,

(If spouse is sole

$50,000.)

heir or legatee,

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Complete and attach

Schedule A.

$50,000.)

Complete and attach

Schedule B.

The petition of:

________________________________

Name

_____________________________

_____________________________

Address

________________________________

Name

_____________________________

_____________________________

Address

________________________________

Name

_____________________________

_____________________________

Address

Each of us states:

1. I am (a) at least 18 years of age and either a citizen of

the United States or a permanent resident alien spouse of the

decedent of the United States who is the spouse of the decedent,

an ancestor of the decedent, a descendant of the decedent, or a

sibling of the decedent or (b) a trust company or any other

corporation authorized by law to act as a personal

representative.

2. The Decedent, ____________________________________________,

was domiciled in _______________________________________________,

(County)

State of _______________________________ and died on the _______

day of _____________________________________, ______________, at

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________________________________________________________________.

(place of death)

3. If the decedent was not domiciled in this county at the

time of death, this is the proper office in which to file this

petition because: ______________________________________________

________________________________________________________________.

4. I am entitled to priority of appointment as personal

representative of the decedent's estate pursuant to §5-104 of the

Estates and Trusts Article, Annotated Code of Maryland because:

________________________________________________________________

________________________________________________________________

and I am not excluded by §5-105 (b) of the Estates and Trusts

Article, Annotated Code of Maryland from serving as personal

representative.

5. I have made a diligent search for the decedent's will and

to the best of my knowledge:

[ ] none exists; or

[ ] the will dated __________________ (including codicils,

if any, dated _______________________________________)

accompanying this petition is the last will and it came

into my hands in the following manner: ________________

________________________________________________________________

________________________________________________________________

and the names and last known addresses of the witnesses are:

______________________________

_______________________________

______________________________

_______________________________

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______________________________

_______________________________

6. Other proceedings, if any, regarding the decedent or the

estate are as follows: _________________________________________

________________________________________________________________

7. If any information required by paragraphs 2 through 6 has

not been furnished, the reason is: _____________________________

________________________________________________________________

________________________________________________________________

8. If appointed, I accept the duties of the office of personal

representative and consent to personal jurisdiction in any action

brought in this State against me as personal representative or

arising out of the duties of the office of personal

representative.

WHEREFORE, I request appointment as personal representative of

the decedent's estate and the following relief as indicated:

[ ] that the will and codicils, if any, be admitted to

administrative probate;

[ ] that the will and codicils, if any, be admitted to

judicial probate;

[ ] that the will and codicils, if any, be filed only;

[ ] that only a limited order be issued;

[ ] that the following additional relief be granted: ______

________________________________________________________________

I solemnly affirm under the penalties of perjury that the

contents of the foregoing petition are true to the best of my

knowledge, information, and belief.

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_____________________________

Attorney

_______________________________

Petitioner

Date

_____________________________

Address

_______________________________

Petitioner

Date

_____________________________

_______________________________

Petitioner

Date

_____________________________

Telephone Number

_______________________________

Telephone Number (optional)

IN THE ORPHANS' COURT FOR

(OR)

_______________________________, MARYLAND

BEFORE THE REGISTER OF WILLS FOR

IN THE ESTATE OF:

__________________________________

ESTATE NO. ___________

SCHEDULE - A

Regular Estate

Estimated Value of Estate and Unsecured Debts

Personal property (approximate value)..........

$_________

Real property (approximate value)..............

$_________

Value of property subject to:

(a) Direct Inheritance Tax of ____% ........

$_________

(b) Collateral Inheritance Tax of ____% ........

$_________

Unsecured Debts (approximate amount).........

$_________

$_________

I solemnly affirm under the penalties of perjury that the

contents of the foregoing schedule are true to the best of my

knowledge, information, and belief.

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_______________________________

Attorney

______________________________

Petitioner

Date

_______________________________

Address

______________________________

Petitioner

Date

_______________________________

______________________________

Petitioner

Date

_______________________________

Telephone Number

______________________________

Telephone Number (optional)

.................................................................

(FOR REGISTER'S USE)

Safekeeping Wills ______________

Custody Wills ______________

Bond Set $______________________

Deputy _____________________

IN THE ORPHANS' COURT FOR

(OR)

________________________________, MARYLAND

BEFORE THE REGISTER OF WILLS FOR

IN THE ESTATE OF:

____________________________________

ESTATE NO. _________

SCHEDULE - B

Small Estate - Assets and Debts of the Decedent

1. I have made a diligent search to discover all property and

debts of the decedent and set forth below are:

(a) A listing of all real and personal property owned by the

decedent, individually or as tenant in common, and of any other

property to which the decedent or estate would be entitled,

including descriptions, values, and how the values were

determined:

________________________________________________________________

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________________________________________________________________

________________________________________________________________

(b) A listing of all creditors and claimants and the amounts

claimed, including secured*, contingent and disputed claims:

________________________________________________________________

________________________________________________________________

2. Allowable funeral expenses are $ __________; statutory

family allowances are $_________; and expenses of administration

claimed are $____________.

3. Attached is a List of Interested Persons.

4. After the time for filing claims has expired, subject to

the statutory order of priorities, and subject to the resolution

of disputed claims by the parties or the court, I shall (1) pay

all proper claims**, expenses, and allowances not previously

paid; (2) if necessary, sell property of the estate in order to

do so; and (3) distribute the remaining assets of the estate in

accordance with the will or, if none, with the intestacy laws of

this State.

___________________________

Date

_____________________________

Personal Representative

*NOTE: §5-601 (d) of the Estates and Trusts Article, Annotated

Code of Maryland "For the purpose of this subtitle - value is

determined by the fair market value of property less debts of

record secured by the property as of the date of death, to the

extent that insurance benefits are not payable to the lien holder

or secured party for the secured debt."

**NOTE: Proper claims shall be paid pursuant to the provisions of

Code, Estates and Trusts Article, §§8-104 and 8-105.

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I solemnly affirm under the penalties of perjury that the

contents of the foregoing schedule are true to the best of my

knowledge, information, and belief.

________________________________

Attorney

____________________________

Petitioner

Date

________________________________

Address

____________________________

Petitioner

Date

________________________________

____________________________

Petitioner

Date

________________________________

Telephone Number

____________________________

Telephone Number (optional)

IN THE ORPHANS' COURT FOR

(OR)

___________________________, MARYLAND

BEFORE THE REGISTER OF WILLS FOR

IN THE ESTATE OF:

___________________________________

ESTATE NO. __________

SCHEDULE - C

Request for Limited Order

[ ] To Locate Assets

[ ] To Locate Will

1. I am entitled to the issuance of a limited order because I

am:

[ ] a nominated personal representative or

[ ] a person interested in the proceedings by reason of

________________________________________________________________

________________________________________________________________

________________________________________________________________

________________________________________________________________

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________________________________________________________________

2. The reasons(s) a limited order should be granted are:

________________________________________________________________

________________________________________________________________

________________________________________________________________

I solemnly affirm under the penalties of perjury that the

contents of the foregoing schedule are true to the best of my

knowledge, information, and belief.

I further acknowledge that

this order may not be used to transfer assets.

_____________________________

Attorney

______________________________

Petitioner

Date

_____________________________

Address

______________________________

Petitioner

Date

_____________________________

______________________________

Petitioner

Date

_____________________________

Telephone Number

______________________________

Telephone Number (optional)

(b)

Other Petitions

(1)

Generally

Except as otherwise provided by the rules in this Title

or permitted by the court, and unless made during a hearing or

trial, a petition shall be in writing, shall set forth the relief

or order sought, shall state the legal or factual basis for the

relief requested, and shall be filed with the Register of Wills.

The petitioner may serve on any interested person and shall serve

on the personal representative and such persons as the court may

direct a copy of the petition, together with a notice informing

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the person served of the right to file a response and the time

for filing it.

(2)

Response

Any response to the petition shall be filed within 20

days after service or within such shorter time as may be fixed by

the court for good cause shown.

A copy of the response shall be

served on the petitioner and the personal representative.

(3)

Order of Court

The court shall rule on the petition and enter an

appropriate order.

Cross reference: Code, Estates and Trusts Article, §§2-102 (c),

2-105, 5-201 through 5-206, and 7-402.

(c)

Limited Order to Locate Assets

Upon the filing of a verified petition pursuant to Rule 6-122

(a), the orphans' court may issue a limited order to search for

assets titled in the sole name of a decedent.

The petition shall

contain the name, address, and date of death of the decedent and

a statement as to why the limited order is necessary.

The

limited order to locate assets shall be in the following form:

IN THE ORPHANS' COURT FOR

(OR)

_______________________________, MARYLAND

BEFORE THE REGISTER OF WILLS FOR

IN THE ESTATE OF:

___________________________

QUALIFIED LIMITED ORDER NO. ______

LIMITED ORDER TO LOCATE ASSETS

Upon the foregoing petition by a person interested in the

proceedings, it is this ______ day of __________________________,

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by the Orphans' Court of for ___________________________(county),

Maryland, ordered ORDERED that:

1. The following institutions shall disclose to ____________

_____________________________________ the assets, and the values

(Name of petitioner)

thereof, titled in the sole name of the above decedent:

_____________________________

(Name of financial institution)

______________________________

(Name of financial institution)

______________________________

(Name of financial institution)

______________________________

(Name of financial institution)

______________________________

(Name of financial institution)

______________________________

(Name of financial institution)

2. THIS ORDER MAY NOT BE USED TO TRANSFER ASSETS.

(d)

Limited Order to Locate Will

Upon the filing of a verified petition pursuant to Rule

6-122 (a), the orphans' court may issue a limited order to a

financial institution to enter the safe deposit box of a decedent

in the presence of the Register of Wills or the Register's

authorized deputy for the sole purpose of locating the decedent's

will and, if it is located, to deliver it to the Register of

Wills or the authorized deputy.

The limited order to locate a

will shall be in the following form:

IN THE ORPHANS' COURT FOR

(OR)

___________________________, MARYLAND

BEFORE THE REGISTER OF WILLS FOR

IN THE ESTATE OF:

_____________________________ :

LIMITED ORDER NO. __________

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LIMITED ORDER TO LOCATE WILL

Upon the foregoing Petition, it is this ______ day of

_____________________________, _______ by the Orphans' Court of

(month)

(year)

for ____________________________________________________(County),

Maryland, ordered ORDERED that:

____________________________________________________, located at

(Name of financial institution)

_______________________________________________________ enter the

(Address)

safe deposit box titled in the sole name of ____________________

____________________________________________, in the presence of

(Name of decedent)

the Register of Wills or the Register's authorized deputy for the

sole purpose of locating the decedent's will and, if the will is

located, deliver it to the Register of Wills.

Committee note: This procedure is not exclusive. Banks may also

rely on the procedure set forth in Code, Financial Institutions

Article, §12-603.

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MARYLAND RULES OF PROCEDURE

TITLE 6 - SETTLEMENT OF DECEDENTS’ ESTATES

CHAPTER 400 - ADMINISTRATION OF ESTATES

AMEND Rule 6-413 (c) by deleting certain language referring

to recording of claims against a decedent’s estate and by adding

a certificate of service to the claim form, as follows:

Rule 6-413.

CLAIM AGAINST ESTATE - PROCEDURE

. . .

(c)

Form of Claim

A claim against a decedent's estate may be filed or made

substantially in the following form:

In the Estate of: ____________________________ Estate No. ______

Date ____________

CLAIM AGAINST DECEDENT'S ESTATE

The claimant certifies that there is due and owing by the

decedent in accordance with the attached statement of account or

other basis for the claim the sum of $ ________________.

I solemnly affirm under the penalties of perjury that the

contents of the foregoing claim are true to the best of my

knowledge, information, and belief.

______________________________

Name of Claimant

_______________________________

Signature of claimant or person

authorized to make verifications

on behalf of claimant

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______________________________

Name and Title of Person

Signing Claim

_______________________________

Address

_______________________________

_______________________________

Telephone Number

FILED: ________________________

RECORDED:

Claims Docket Liber ______________

Folio ____________

CERTIFICATE OF SERVICE

I hereby certify that on this ____ day of _________________,

(month)

_______, I [ ] delivered or [ ] mailed, first class, postage

(year)

prepaid, a copy of the foregoing Claim to the personal

representative,

________________________________________________________________.

(name and address)

________________________________

Signature of Claimant

Instructions:

1. This form may be filed with the Register of Wills upon

payment of the filing fee provided by law. A copy must also

be sent to the personal representative by the claimant.

2. If a claim is not yet due, indicate the date when it will

become due. If a claim is contingent, indicate the nature of

the contingency. If a claim is secured, describe the

security.

. . .

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MARYLAND RULES OF PROCEDURE

TITLE 6 - SETTLEMENT OF DECEDENTS’ ESTATES

CHAPTER 400 - ADMINISTRATION OF ESTATES

AMEND Rule 6-451 by adding language to section (b) to

conform to Code, Estates and Trusts Article, §6-305 (b), as

follows:

Rule 6-451.

RESIGNATION OF PERSONAL REPRESENTATIVE

. . .

(b)

Successor

If no one applies for appointment as successor personal

representative or special administrator before the filing of the

statement of resignation and an appointment is not made within

the 20-day period, the resigning personal representative may

apply to the court for appointment of a successor.

. . .

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MARYLAND RULES OF PROCEDURE

TITLE 6 - SETTLEMENT OF DECEDENTS’ ESTATES

CHAPTER 400 - ADMINISTRATION OF ESTATES

AMEND Rule 6-455 to delete language from the Election of

Personal Representative for Modified Administration form, the

Consent to Election for Modified Administration form, and the

Final Report form referring to the Register of Wills and Orphans’

Court being prohibited from granting extensions, to conform the

first paragraph of the Consent to Election for Modified

Administration form to Code, Estates and Trusts Article, §5-702,

and to delete the lists of persons eligible for Modified

Administration and replace them with a space for stating the

relationship to the decedent at the end of the Consent to

Election for Modified Administration form, as follows:

Rule 6-455.

(a)

MODIFIED ADMINISTRATION

Generally

When authorized by law, an election for modified

administration may be filed by a personal representative within

three (3) months after the appointment of the personal

representative.

(b)

Form of Election

An election for modified administration shall be in the

following form:

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BEFORE THE REGISTER OF WILLS FOR ____________________,

ESTATE OF ________________________________

MARYLAND

Estate No. _________

ELECTION OF PERSONAL REPRESENTATIVE FOR

MODIFIED ADMINISTRATION

1. I elect Modified Administration.

This estate qualifies

for Modified Administration for the following reasons:

(a) The decedent died on _____________ [ ] with a will or

[ ] without a will.

(b) This Election is filed within 3 months from the date of

my appointment which was on ___________________________________.

(c) [ ] Each of the residuary legatees named in the will or

[ ] each of the heirs of the intestate decedent is either:

[ ] The decedent's personal representative or [ ] an

individual or an entity exempt from inheritance tax in the

decedent's estate under §7-203 (b), (e), and (f) of the

Tax-General Article.

(d) Each trustee of every trust that is a residuary legatee

is one or more of the following:

the decedent's [ ] personal

representative, [ ] surviving spouse, [ ] child.

(e) Consents of the persons referenced in 1 (c) [ ] are

filed herewith or [ ] were filed previously.

(f) The estate is solvent and the assets are sufficient to

satisfy all specific legacies.

(g) Final distribution of the estate can be made within 12

months after the date of my appointment.

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2. Property of the estate is briefly described as follows:

Description

Estimated Value

______________________________

_____________________________

______________________________

_____________________________

______________________________

_____________________________

______________________________

_____________________________

______________________________

_____________________________

______________________________

_____________________________

3. I acknowledge that I must file a Final Report Under

Modified Administration no later than 10 months after the date of

appointment and that, upon request of any interested person, I

must provide a full and accurate Inventory and Account to all

interested persons.

4. I acknowledge the requirement under Modified

Administration to make full distribution within 12 months after

the date of appointment and I understand that the Register of

Wills and Orphans' Court are prohibited from granting extensions

under Modified Administration.

5. I acknowledge and understand that Modified Administration

shall continue as long as all the requirements are met.

I solemnly affirm under the penalties of perjury that the

contents of the foregoing are true to the best of my knowledge,

information and belief.

____________________________

Attorney

______________________________

Personal Representative

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____________________________

Address

______________________________

Personal Representative

____________________________

Address

____________________________

Telephone

(c)

Consent

An election for modified administration may be filed if

all the residuary legatees of a testate decedent and the heirs at

law of an intestate decedent consent in the following form:

BEFORE THE REGISTER OF WILLS FOR ____________________,

ESTATE OF ______________________________

MARYLAND

Estate No. __________

CONSENT TO ELECTION FOR

MODIFIED ADMINISTRATION

I am a [ ] residuary legatee who is the decedent’s personal

representative or an individual or an entity exempt from

inheritance tax under §7-203 (b), (e), and (f) of Code, Tax

General Article, [ ] trustee of a trust that is a residuary

legatee, or [ ] an heir of the decedent who died intestate, and I

am the decedent’s personal representative or an individual or an

entity exempt from inheritance tax under §7-203 (b), (e), and

(f), [ ] or a trustee of a trust that is a residuary legatee who

is the decedent’s personal representative, surviving spouse, or

child.

I consent to Modified Administration and acknowledge that

under Modified Administration:

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1. Instead of filing a formal Inventory and Account, the

personal representative will file a verified Final Report Under

Modified Administration no later than 10 months after the date of

appointment.

2. Upon written request to the personal representative by

any legatee not paid in full or any heir-at-law of a decedent who

died without a will, a formal Inventory and Account shall be

provided by the personal representative to the legatees or heirs

of the estate.

3. At any time during administration of the estate, I may

revoke Modified Administration by filing a written objection with

the Register of Wills.

Once filed, the objection is binding on

the estate and cannot be withdrawn.

4. If Modified Administration is revoked, the estate will

proceed under Administrative Probate and the personal

representative shall file a formal Inventory and Account, as

required, until the estate is closed.

5. Unless I waive notice of the verified Final Report Under

Modified Administration, the personal representative will provide

a copy of the Final Report to me upon its filing, which shall be

no later than 10 months after the date of appointment.

6. Final Distribution of the estate will occur not later

than 12 months after the date of appointment of the personal

representative.

_____________________________

Signature of Residuary Legatee

or Heir

______________________________

[ ] Surviving Spouse [ ] Child

[ ] Residuary Legatee or Heir

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serving as Personal

Representative State

Relationship to Decedent

_____________________________

Type or Print Name

_____________________________

Signature of Residuary Legatee

or Heir

______________________________

[ ] Surviving Spouse [ ] Child

[ ] Residuary Legatee or Heir

serving as Personal

Representative State

Relationship to Decedent

______________________________

Type or Print Name

____________________________

Signature of Trustee

_______________________________

Signature of Trustee

____________________________

Type or Print Name

_______________________________

Type or Print Name

(d)

Final Report

(1)

Filing

A verified final report shall be filed no later than 10

months after the date of the personal representative's

appointment.

(2)

Copies to Interested Persons

Unless an interested person waives notice of the

verified final report under modified administration, the

personal representative shall serve a copy of the final report on

each interested person.

(3)

Contents

A final report under modified administration shall be

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in the following form:

BEFORE THE REGISTER OF WILLS FOR ______________________, MARYLAND

ESTATE OF __________________________ Estate No. _________________

Date of Death ______________________ Date of Appointment

of Personal Representative __________________

FINAL REPORT UNDER MODIFIED ADMINISTRATION

(Must be filed within 10 months after the date of appointment)

I, Personal Representative of the estate, report the

following:

1. The estate continues to qualify for Modified Administration

as set forth in the Election for Modified Administration on file

with the Register of Wills.

2. Attached are the following Schedules and supporting

attachments:

Total Schedule A:

Reportable Property

............

$ ________

Total Schedule B:

Payments and Disbursements ......

$(_______)

Total Schedule C:

Distribution of Net Reportable

Property

.......................

$ ________

3. I acknowledge that:

(a)

Final distributions shall be made within 12 months after

the date of my appointment as personal representative.

(b) The Register of Wills and Orphans' Court are prohibited

from granting extensions of time.

(c) (b) If Modified Administration is revoked, the estate shall

proceed under Administrative Probate, and I will file a formal

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Inventory and Account, as required, until the estate is closed.

I solemnly affirm under the penalties of perjury that the

contents of the foregoing are true to the best of my knowledge,

information, and belief and that any property valued by me which

I have authority as personal representative to appraise has been

valued completely and correctly in accordance with law.

________________________________

Attorney Signature

_____________________________

Personal Representative Date

________________________________

Address

_____________________________

Personal Representative Date

________________________________

Address

_____________________________

Personal Representative Date

________________________________

Telephone

. . .

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MARYLAND RULES OF PROCEDURE

TITLE 6 - SETTLEMENT OF DECEDENTS’ ESTATES

CHAPTER 400 - ADMINISTRATION OF ESTATES

AMEND Rule 6-463 to add a reference to the Rules in Title 7,

Chapter 500, as follows:

Rule 6-463.

APPEALS

An appeal from a judgment of the court may be taken (a) to

the Court of Special Appeals of Maryland pursuant to Code, Courts

Article, §12-501, or (b) except in Harford and Montgomery

Counties, to the circuit court for the county pursuant to Code,

Courts Article, §12-502 and Title 7, Chapter 500 of these Rules.

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MARYLAND RULES OF PROCEDURE

TITLE 6 - SETTLEMENT OF DECEDENTS’ ESTATES

CHAPTER 400 - ADMINISTRATION OF ESTATES

AMEND Rule 6-464 to delete the words “transcript costs or”

from subsection (a)(3) and to add a new subsection (a)(4), as

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