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R U L E S

O R D E R

This Court’s Standing Committee on Rules of Practice and

Procedure having submitted its Two Hundred and Eleventh Report

and two Supplements thereto to the Court, recommending proposed

new Rules 11-420.1 and 15-902 and new Title 14, Chapter 600,

Division 2, containing new Rules 14-611, 14-612, 14-613, 14-614,

14-615, and 14-616; amendments to current Rules 1-102, 1-202, 2402, 2-652, 3-113, 3-306, 3-533, 3-534, 4-217, 7-102, 7-104, 8202, 9-105, 9-205, 9-205.3, 11-112, 11-204, 11-219, 11-220, 11404, 11-405, 11-406, 11-419, 11-422, 11-423, 11-424, 11-502, 14601, 14-602, 14-604, 14-606, 15-901, 16-110, 16-702, 16-914, 18302, 19-303.8, 19-414, and 19-501; and rescission of current

Rule 16-805; and

This Court having considered the proposed Rules changes,

together with comments received, at an open meeting, notice of

which was posted as prescribed by law, and making on its own

motion certain amendments to the proposed changes, it is this

30th day of September, 2022

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

Rules 11-420.1 and 15-902 and new Title 14, Chapter 600,

Division 2, containing new Rules 14-611, 14-612, 14-613, 14-614,

14-615, and 14-616 be, and they are hereby, adopted in the form

attached to this Order; and it is further

ORDERED that amendments to Rules 1-102, 1-202, 2-402, 2652, 3-113, 3-306, 4-217, 8-202, 9-105, 9-205, 9-205.3, 11-112,

11-204, 11-219, 11-220, 11-404, 11-405, 11-406, 11-419, 11-422,

11-423, 11-424, 11-502, 14-601, 14-602, 14-604, 14-606, 15-901,

16-914, 18-302, 19-303.8, and 19-414 be, and they are hereby,

adopted in the form attached to this Order; and it is further

ORDERED that Rule 16-805 be, and it is hereby, rescinded;

and it is further

ORDERED that the proposed amendments to Rules 3-533, 3-534,

7-102, and 7-104 be, and they are hereby, remanded to the

Standing Committee on Rules of Practice and Procedure for

further study; and it is further

ORDERED that action on the proposed amendments to Rules 16110, 16-702, and 19-501 be, and it is hereby, deferred for

further consideration by the Court; and it is further

ORDERED that the amendments to Rule 18-302 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

November 1, 2022 and, insofar as practicable, to all actions

then pending; and it is further

ORDERED that the amendments to Rule 19-414 hereby adopted

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

parties and their attorneys in all actions and proceedings, and

due to exigent circumstances shall take effect and apply to all

actions commenced on or after October 1, 2022 and, insofar as

practicable, to all actions then pending; 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 January 1,

2023 and, insofar as practicable, to all actions then pending;

and it is further

ORDERED that a copy of this Order be posted promptly on the

website of the Maryland Judiciary.

/s/ Matthew J. Fader

Matthew J. Fader

/s/ Shirley M. Watts

Shirley M. Watts

/s/ Michele D. Hotten

Michele D. Hotten

/s/ Brynja M. Booth

Brynja M. Booth

/s/ Jonathan Biran

Jonathan Biran

/s/ Steven B. Gould

Steven B. Gould

/s/ Angela M. Eaves

Angela M. Eaves

Filed: September 30, 2022

Pursuant to Maryland Uniform Electronic Legal

Materials Act

(§§ 10-1601 et seq. of the State Government Article) this document is authentic.

2022-10-03 09:37-04:00

/s/ Suzanne C. Johnson

Clerk

Court of Appeals of Maryland

Suzanne C. Johnson, Clerk

MARYLAND RULES OF PROCEDURE

TITLE 1 – GENERAL PROVISIONS

CHAPTER 100 – APPLICABILITY AND CITATION

AMEND Rule 1-102 by deleting the provisions pertaining to

the appointment of bail bond commissioners and licensing and

regulation of bail bondsmen, and by making stylistic changes, as

follows:

Rule 1-102.

CIRCUIT AND LOCAL RULES

Unless inconsistent with these rules, circuit and local

rules regulating (1) court libraries, (2) memorial proceedings,

(3) auditors, and (4) compensation of trustees in judicial

sales, and (5) appointment of bail bond commissioners and

licensing and regulation of bail bondsmen, are not repealed.

circuit and local rules, other than ones regulating the matters

and subjects listed in this Rule, shall be adopted.

Source:

This Rule is derived from former Rule 1 f.

MARYLAND RULES OF PROCEDURE

TITLE 1 – GENERAL PROVISIONS

CHAPTER 100 – CONSTRUCTION, INTERPRETATION, AND DEFINITIONS

AMEND Rule 1-202 by updating a cross reference following

section (k), as follows:

Rule 1-202.

DEFINITIONS

. . .

(k)

Holiday

“Holiday” means an “employee holiday” set forth in Code,

State Personnel and Pensions Article, § 9-201.

Committee note: The “employee holidays” listed in Code, State

Personnel and Pensions Article are:

(1) January 1, for New Year's Day;

(2) January 15, for Dr. Martin Luther King, Jr.'s Birthday,

unless the United States Congress designates another day for

observance of that legal holiday, in which case, the day

designated by the United States Congress;

(3) the third Monday in February, for Presidents' Day;

(4) May 30, for Memorial Day, unless the United States Congress

designates another day for observance of that legal holiday, in

which case, the day designated by the United States Congress;

(5) June 19, for Juneteenth National Independence Day;

(5)(6) July 4, for Independence Day;

(6)(7) the first Monday in September, for Labor Day;

(7)(8) October 12, for Columbus Day, unless the United States

Congress designates another day for observance of that legal

holiday, in which case, the day designated by the United States

Congress;

(8)(9) November 11, for Veterans' Day;

(9)(10) the fourth Thursday in November, for Thanksgiving Day;

(10)(11) the Friday after Thanksgiving Day, for American Indian

Heritage Day;

(11)(12) December 25, for Christmas Day;

(12)(13) each statewide general election day in this State; and

(13)(14) each other day that the President of the United States

or the Governor designates for general cessation of business.

. . .

MARYLAND RULES OF PROCEDURE

TITLE 2 – CIVIL PROCEDURE – CIRCUIT COURT

CHAPTER 400 – DISCOVERY

AMEND Rule 2-402 by adding new subsection (g)(1)(C)

concerning the protection of draft reports and disclosures of

expert witnesses, by adding new subsection (g)(1)(D) regarding

the protection of certain communications with an expert witness,

and by adding a Committee note after the new subsections, 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, 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 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)

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

opportunity by discovery in the action to obtain the information

sought; or (C) the burden or 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 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 2422, encompassing, without exception, whatever is stored

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

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)

Work Product

Subject to the provisions of sections (f) and (g) of this

Rule, a party may obtain discovery of documents, electronically

stored information, 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 (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) Duty of Recipient

A party who receives a document, electronically stored

information, or other property that the party knows or

reasonably should know was inadvertently sent shall promptly

notify the sender.

(3) 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.

A party who wishes to determine the validity of a

claim of privilege or protection that is not controlled by a

court order or a disclosure agreement entered into pursuant to

subsection (e)(5) of this Rule shall promptly file a motion

under seal requesting that the court determine the validity of

the claim.

A party in possession of information that is the

subject of the motion shall appropriately preserve the

information pending a ruling.

A receiving party may not use or

disclose the information until the claim is resolved and shall

take reasonable steps to retrieve any information the receiving

party disclosed before being notified.

Cross reference: Rule 19-304.4 (b) of the Maryland Attorneys'

Rules of Professional Conduct.

Committee note: Subsection (e)(3) allows a producing party to

assert a claim of privilege or 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 protection within a “reasonable time.” See Elkton

Care Center Associates v. Quality Care Management, Inc., 145 Md.

App. 532 (2002).

(4) Effect of Inadvertent Disclosure

A disclosure of a communication or information covered

by a privilege or 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 or

protected information 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 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) (attorneyclient privilege).

(5) 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 a privilege or 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 actually produced, and the producing party may assert any

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

Subsection (e)(5) 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 or protection if the

consequence of disclosure is that the information can be used by

nonparties to the litigation.

Subsection (e)(5) 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.

(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 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.

(g)

Trial Preparation - Experts

(1) Expected to be Called at Trial

(A) Generally

Subject to subsection (g)(1)(C) of this Rule, 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).

(B) Additional Disclosure with Respect to Experts Retained

in Anticipation of Litigation or for Trial

In addition to the discovery permitted under

subsection (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.

A party is not entitled to the discovery of drafts of

any report or disclosure required under subsection (g)(1)(A) of

this Rule regardless of the form in which the draft is recorded.

(D) Protection for Communications Between a Party’s

Attorney and Expert Witnesses

A party is not entitled to the discovery of

communications between another party’s attorney and an expert

witness, regardless of the form of the communication, except to

the extent that the communication (i) relates to compensation

for the expert’s study or testimony, (ii) identifies facts or

data that the attorney provided and the expert considered in

forming the opinion to be expressed, or (iii) identifies

assumptions that the party’s attorney provided and the expert

relied on in forming the opinions to be expressed.

Committee note: Subsections (g)(1)(C) and (g)(1)(D) are derived

from Fed. R. Civ. P. 26 (b)(4). See the Advisory Committee

notes for the 2010 amendment attached to the federal provisions

for discussion of how these provisions are intended to operate.

(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

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

preparing for the deposition.

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 in part 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 (f) is derived from former Rule 400 e.

Subsections (g)(1)(A) and (B) is are 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. Subsections (g)(1)(C) and (D) are derived

from the 2010 version of Fed. R. Civ. P. 26 (b)(4).

Subsection (g)(2) is derived from the 1980 version of Fed. R.

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

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

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

MARYLAND RULES OF PROCEDURE

TITLE 2 – CIVIL PROCEDURE – CIRCUIT COURT

CHAPTER 600 – JUDGMENT

AMEND Rule 2-652 by deleting section (a) and the related

cross reference, and by re-lettering and conforming subsequent

sections to account for the deletion, as follows:

Rule 2-652.

(a)

ENFORCEMENT OF ATTORNEY’S LIENS

Retaining Lien

Except as otherwise provided by the Maryland Attorneys'

Rules of Professional Conduct, an attorney who has a common-law

retaining lien for legal services rendered to a client may

assert the lien by retaining the papers of the client in the

possession of the attorney until the attorney's claim is

satisfied.

Cross reference: Maryland Attorneys' Rules of Professional

Conduct 19-301.8, 19-301.15, and 19-301.16.

(b)(a)

Statutory Lien

An attorney who has a lien under Code, Business

Occupations and Professions Article, § 10-501, may assert the

lien by serving a written notice by certified mail or personal

delivery upon the client and upon each person against whom the

lien is to be enforced.

The notice shall claim the lien, state

the attorney's interest in the action, proceeding, settlement,

judgment, or award, and inform the client or other person to

hold any money payable or property passing to the client

relating to the action, proceeding, settlement, judgment, or

award.

Cross reference: Code, Business Occupations and Professions

Article, § 10-501(d).

(c)(b)

Adjudication of Rights and Lien Disputes

(1) When a Circuit Court Action Has Been Filed

If a lien asserted pursuant to this Rule relates to an

action that has been filed in a circuit court of this State, on

motion filed by the attorney, the attorney's client in the

action, or any person who has received a notice pursuant to

section (b)(a) of this Rule, the court shall adjudicate the

rights of the parties in relation to the lien, including the

attorney's entitlement to a lien, any dispute as to the papers

subject to a lien under section (a) of this Rule, and the amount

of the attorney's claim.

(2) When No Circuit Court Action Has Been Filed

If a lien is asserted pursuant to this Rule and a

related action has not been filed in a circuit court of this

State, the attorney, the attorney's client, or any person who

has received a notice pursuant to section (b)(a) of this Rule

may file a complaint with a circuit court to adjudicate the

rights of the parties in relation to the lien, including the

attorney's entitlement to a lien, any dispute as to the papers

subject to a lien under section (a) of this Rule, and the amount

of the attorney's claim.

Cross reference: For venue of a complaint filed pursuant to

this section, see Code, Courts Article, §§ 6-201 - 203.

Source:

This Rule is new.

MARYLAND RULES OF PROCEDURE

TITLE 3 – CIVIL PROCEDURE – DISTRICT COURT

CHAPTER 100 – COMMENCEMENT OF ACTION AND PROCESS

AMEND Rule 3-113 by changing the time a summons is

effective for service after the date of issuance, as follows:

Rule 3-113. PROCESS – DURATION, DORMANCY, AND RENEWAL OF SUMMONS

A summons is effective for service only if served within 30

60 days after the date it is issued.

A summons not served

within that time shall be dormant, renewable only on written

request of the plaintiff.

Committee note: See Neel v. Webb Fly Screen Mfg. Co., 187 Md.

34, 48 A.2d 331 (1946).

Source:

This Rule is new and replaces former M.D.R. 103 d 2.

MARYLAND RULES OF PROCEDURE

TITLE 3 – CIVIL PROCEDURE – DISTRICT COURT

CHAPTER 300 – PLEADINGS AND MOTIONS

AMEND Rule 3-306 by revising the definition of “original

creditor” in subsection (a)(5), as follows:

Rule 3-306. JUDGMENT ON AFFIDAVIT

(a)

Definitions

In this Rule the following definitions apply except as

expressly otherwise provided or as necessary implication

requires:

(1) Charge-Off

“Charge-off” means the act of a creditor that treats an

account receivable or other debt as a loss or expense because

payment is unlikely.

(2) Charge-Off Balance

“Charge-off balance” means the amount due on the account

or debt at the time of charge-off.

(3) Consumer Debt

“Consumer debt” means a secured or unsecured debt that

is for money owed or alleged to be owed and arises from a

consumer transaction.

(4) Consumer Transaction

“Consumer transaction” means a transaction involving an

individual seeking or acquiring real or personal property,

services, future services, money, or credit for personal,

family, or household purposes.

(5) Original Creditor

“Original creditor” means the lender, provider, or other

person to whom a consumer originally was alleged to owe money

pursuant to a consumer transaction.

“Original creditor”

includes a creditor excluded from the definition of “debt buyer”

in Code, Courts Article, § 5-1201(i)(2) and the Central

Collection Unit, a unit within the State Department of Budget

and Management.

(6) Original Consumer Debt

“Original consumer debt” means the total of the consumer

debt alleged to be owed to the original creditor, consisting of

principal, interest, fees, and any other charges.

Committee note: If there has been a charge-off, the amount of

the “original consumer debt” is the same as the “charge-off

balance.”

(7) Principal

“Principal” means the unpaid balance of the funds

borrowed, the credit utilized, the sales price of goods or

services obtained, or the capital sum of any other debt or

obligation arising from a consumer transaction, alleged to be

owed to the original creditor.

It does not include interest,

fees, or charges added to the debt or obligation by the original

creditor or any subsequent assignees of the consumer debt.

(8) Future Services

“Future services” means one or more services that will

be delivered at a future time.

(9) Future Services Contract

“Future services contract” means an agreement that

obligates a consumer to purchase a future service from a

provider.

(10) Provider

“Provider” means any person who sells a service or

future service to a consumer.

(b)

Demand for Judgment by Affidavit

In an action for money damages a plaintiff may file a

demand for judgment on affidavit at the time of filing the

complaint commencing the action.

The complaint shall be

supported by an affidavit showing that the plaintiff is entitled

to judgment as a matter of law in the amount claimed.

(c)

Affidavit and Attachments - General Requirements

The affidavit shall:

(1) be made on personal knowledge;

(2) set forth such facts as would be admissible in evidence;

(3) show affirmatively that the affiant is competent to

testify to the matters stated in the affidavit; and

(4) include or be accompanied by:

(A) supporting documents or statements containing

sufficient detail as to liability and damages, including the

precise amount of the claim and any interest claimed;

(B) if interest is claimed, an interest worksheet

substantially in the form prescribed by the Chief Judge of the

District Court;

evidencing that the plaintiff is entitled to an award of

attorneys' fees and that the fees are reasonable; and

(D) if the claim is founded upon a note, security

agreement, or other instrument, the original or a photocopy of

the executed instrument, or a sworn or certified copy, unless

the absence thereof is explained in the affidavit.

(d)

If Claim Arises From Assigned Consumer Debt

If the claim arises from consumer debt and the plaintiff

is not the original creditor, the affidavit also shall include

or be accompanied by (i) the items listed in this section, and

(ii) an Assigned Consumer Debt Checklist, substantially in the

form prescribed by the Chief Judge of the District Court,

listing the items and information supplied in or with the

affidavit in conformance with this Rule.

Each document that

accompanies the affidavit shall be clearly numbered as an

exhibit and referenced by number in the Checklist.

(1) Proof of the Existence of the Debt or Account

Proof of the existence of the debt or account shall be

made by a certified or otherwise properly authenticated

photocopy or original of at least one of the following:

(A) a document signed by the defendant evidencing the debt

or the opening of the account;

(B) a bill or other record reflecting purchases, payments,

or other actual use of a credit card or account by the

defendant; or

original creditor establishing the existence of the account and

showing purchases, payments, or other actual use of a credit

card or account by the defendant.

(2) Proof of Terms and Conditions

(A) Except as provided in subsection (d)(2)(B) of this

Rule, if there was a document evidencing the terms and

conditions to which the consumer debt was subject, a certified

or otherwise properly authenticated photocopy or original of the

document actually applicable to the consumer debt at issue shall

accompany the affidavit.

(B) Subsection (d)(2)(A) of this Rule does not apply if

(i) the consumer debt is an unpaid balance due on a credit card;

(ii) the original creditor is or was a financial institution

subject to regulation by the Federal Financial Institutions

Examination Council or a constituent federal agency of that

Council; and (iii) the claim does not include a demand or

request for attorneys' fees or interest on the charge-off

balance in excess of the Maryland Constitutional rate of six

percent per annum.

Committee note: This Rule is procedural only, and subsection

(d)(2)(B)(iii) is not intended to address the substantive issue

of whether interest in any amount may be charged on a part of

the charge-off balance that, under applicable and enforceable

Maryland law, may be regarded as interest.

Cross reference: See Federal Financial Institutions Examination

Council Uniform Retail Credit Classification and Account

Management Policy, 65 Fed. Reg. 36903-36906 (June 12, 2000).

(3) Proof of Plaintiff's Ownership

The affidavit shall contain a statement that the

plaintiff owns the consumer debt.

It shall include or be

accompanied by:

(A) a chronological listing of the names of all prior

owners of the debt and the date of each transfer of ownership of

the debt, beginning with the name of the original creditor; and

(B) a certified or other properly authenticated copy of

the bill of sale or other document that transferred ownership of

the debt to each successive owner, including the plaintiff.

Committee note: If a bill of sale or other document transferred

debts in addition to the consumer debt upon which the action is

based, the documentation required by subsection (d)(3)(B) of

this Rule may be in the form of a redacted document that

provides the general terms of the bill of sale or other document

and the document's specific reference to the debt sued upon.

(4) Identification and Nature of Debt or Account

The affidavit shall include the following information:

(A) the name of the original creditor;

(B) the full name of the defendant as it appears on the

original account;

the defendant appearing on the original account, if known;

(D) the last four digits of the original account number;

and

(E) the nature of the consumer transaction, such as

utility, credit card, consumer loan, retail installment sales

agreement, service, or future services.

(5) Future Services Contract Information

If the claim is based on a future services contract, the

affidavit shall contain facts evidencing that the plaintiff

currently is entitled to an award of damages under that

contract.

(6) Account Charge-Off Information

If there has been a charge-off of the account, the

affidavit shall contain the following information:

(A) the date of the charge-off;

(B) the charge-off balance;

plaintiff in addition to the charge-off balance;

(D) an itemization of all post-charge-off payments

received and other credits to which the defendant is entitled;

and

(E) the date of the last payment on the consumer debt or

of the last transaction giving rise to the consumer debt.

(7) Information for Debts and Accounts Not Charged Off

If there has been no charge-off, the affidavit shall

contain:

(A) an itemization of all money claimed by the plaintiff,

(i) including principal, interest, finance charges, service

charges, late fees, and any other fees or charges added to the

principal by the original creditor and, if applicable, by

subsequent assignees of the consumer debt and (ii) accounting

for any reduction in the amount of the claim by virtue of any

payment made or other credit to which the defendant is entitled;

(B) a statement of the amount and date of the consumer

transaction giving rise to the consumer debt, or in instances of

multiple transactions, the amount and date of the last

transaction; and

on the consumer debt.

(8) Licensing Information

The affidavit shall include a list of all Maryland

collection agency licenses that the plaintiff currently holds

and provide the following information as to each:

(A) license number,

(B) name appearing on the license, and

Cross reference: See Code, Courts Article, § 5-1203(b)(2),

concerning the plaintiff's requirements if a judgment on

affidavit under section (d) of this Rule is denied.

(e)

Subsequent Proceedings

(1) When Notice of Intention to Defend Filed

If the defendant files a timely notice of intention to

defend pursuant to Rule 3-307, the plaintiff shall appear in

court on the trial date prepared for a trial on the merits.

the defendant fails to appear in court on the trial date, the

court may proceed as if the defendant failed to file a timely

notice of intention to defend.

(2) When No Notice of Intention to Defend Filed

(A) If the defendant fails to file a timely notice of

intention to defend, the plaintiff need not appear in court on

the trial date and the court may determine liability and damages

on the basis of the complaint, affidavit, and supporting

documents filed pursuant to this Rule.

If the defendant fails

to appear in court on the trial date and the court determines

that the pleading and documentary evidence are sufficient to

entitle the plaintiff to judgment, the court shall grant the

demand for judgment on affidavit.

(B) If the court determines that the pleading and

documentary evidence are insufficient to entitle the plaintiff

to judgment on affidavit, the court may deny the demand for

judgment on affidavit or may grant a continuance to permit the

plaintiff to supplement the documentary evidence filed with the

demand.

If the defendant appears in court at the time set for

trial and it is established to the court's satisfaction that the

defendant may have a meritorious defense, the court shall deny

the demand for judgment on affidavit.

If the demand for

judgment on affidavit is denied or the court grants a

continuance pursuant to this section, the clerk shall set a new

trial date and mail notice of the reassignment to the parties,

unless the plaintiff is in court and requests the court to

proceed with trial.

Cross reference:

(f)

Rule 3-509.

Reduction in Amount of Damages

Before entry of judgment, the plaintiff shall inform the

court of any reduction in the amount of the claim by virtue of

any payment or other credit.

(g)

Notice of Judgment on Affidavit

When a demand for judgment on affidavit is granted, the

clerk shall mail notice of the judgment promptly after its entry

to each party at the latest address stated in the pleadings.

The notice shall inform (1) the plaintiff of the right to obtain

a lien on real property pursuant to Rule 3-621, and (2) the

defendant of the right to file a motion to vacate the judgment

within 30 days after its entry pursuant to Rule 3-535 (a).

The

clerk shall ensure that the docket or file reflects compliance

with this section.

Source: This Rule is derived as follows:

Section (a) is new.

Section (b) is derived from former M.D.R. 610 a.

Section (c) is derived from former M.D.R. 610 a.

Section (d) is new.

Section (e) is derived from former M.D.R. 610 b, c, and d.

Section (f) is derived from former M.D.R. 610 e.

Section (g) is derived from former M.D.R. 610 d.

MARYLAND RULES OF PROCEDURE

TITLE 4 – CRIMINAL CAUSES

CHAPTER 200 – PRETRIAL PROCEEDURES

AMEND Rule 4-217 by deleting subsection (b)(3); by deleting

the cross reference following subsection (b)(3); by re-numbering

the definitions contained in subsections (b)(4) through (b)(7)

as subsections (b)(3) through (b)(6), respectively; by deleting

the cross reference following subsection (d)(3)(C); by deleting

the provision relating to a bail bond commissioner and the

reference to Rule 16-805 from subsection (i)(5)(C); and by

making stylistic changes, as follows:

Rule 4-217.

(a)

CIRCUIT AND LOCAL RULES

Applicability of Rule

This Rule applies to all bail bonds taken pursuant to

Rule 4-216, 4-216.1, 4-216.2, or 4-216.3, and to bonds taken

pursuant to Rules 4-267, 4-348, and 4-349 to the extent

consistent with those rules.

(b)

Definitions

As used in this Rule, the following words have the

following meanings:

(1) Bail Bond

“Bail bond” means a written obligation of a defendant,

with or without a surety or collateral security, conditioned on

the appearance of the defendant as required and providing for

the payment of a penalty sum according to its terms.

(2) Bail Bondsman

“Bail bondsman” means an authorized agent of a surety

insurer.

(3) Bail Bond Commissioner

“Bail bond commissioner” means any person appointed to

administer rules adopted pursuant to Maryland Rule 16-805.

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

(4)(3) Clerk

“Clerk” means the clerk of the court and any deputy or

administrative clerk.

(5)(4) Collateral Security

“Collateral security” means any property deposited,

pledged, or encumbered to secure the performance of a bail bond.

(6)(5) Surety

“Surety” means a person other than the defendant who, by

executing a bail bond, guarantees the appearance of the

defendant, and includes an uncompensated or accommodation

surety.

(7)(6) Surety Insurer

“Surety insurer” means any person in the business of

becoming, either directly or through an authorized agent, a

surety on a bail bond for compensation.

(c)

Authorization to Take Bail Bond

Any clerk, District Court commissioner, or other person

authorized by law may take a bail bond.

The person who takes a

bail bond shall deliver it to the court in which the charges are

pending, together with all money or other collateral security

deposited or pledged and all documents pertaining to the bail

bond.

Cross reference: Code, Criminal Procedure Article, §§ 5-204 and

5-205. See Code, Insurance Article, § 10-309, which requires a

signed affidavit of surety by the defendant or the insurer that

shall be provided to the court if payment of premiums charged

for bail bonds is in installments.

(d)

Qualification of Surety

(1) In General

The Chief Clerk of the District Court shall maintain a

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

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

payment of any bail bond forfeited in any court in the State,;

(B) the names of all bail bondsmen authorized to write bail

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

specified in the bail bondsman's general power of attorney on

file with the Chief Clerk of the District Court.

The clerk of

each circuit court and the Chief Clerk of the District Court

shall notify the Insurance Commissioner of the name of each

surety insurer who has failed to resolve or satisfy bond

forfeitures for a period of 60 days or more.

The clerk of each

circuit court also shall send a copy of the list to the Chief

Clerk of the District Court.

Cross reference: For penalties imposed on surety insurers in

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

(2) Surety Insurer

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

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

District Court of those in default.

No bail bond executed by a

surety insurer directly may be accepted unless accompanied by an

affidavit reciting that the surety insurer is authorized by the

Insurance Commissioner of Maryland to write bail bonds in this

State.

Cross reference: For the obligation of the District Court Clerk

or a circuit court clerk to notify the Insurance Commissioner

concerning a surety insurer who fails to resolve or satisfy bond

forfeitures, see Code, Insurance Article, § 21-103(b).

(3) Bail Bondsman

No bail bond executed by a bail bondsman may be accepted

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

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

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

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

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

by an affidavit reciting that the bail bondsman:

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

charges are pending, if that jurisdiction licenses bail

bondsmen;

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

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

attorney; and

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

Insurance Commissioner of Maryland to write bail bonds in this

State.

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

Rule 16-805 (Appointment of Bail Bond Commissioner—Licensing and

Regulation of Persons Authorized to Write Bonds).

(e)

Collateral Security

(1) Authorized Collateral

A defendant or surety required to give collateral

security may satisfy the requirement by:

(A) depositing with the person who takes the bond the

required amount in cash or certified check, or pledging

intangible property approved by the court; or

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

and 5-205, permitting certain persons to post a cash bail or

cash bond when an order specifies that the bail or bond may be

posted only by the defendant.

(B) encumbering one or more parcels of real estate

situated in the State of Maryland, owned by the defendant or

surety in fee simple absolute, or as chattel real subject to

ground rent.

No bail bond to be secured by real estate may be

taken unless (i) a Declaration of Trust of a specified parcel of

real estate, in the form set forth at the end of this Title as

Form 4-217.1, is executed before the person who takes the bond

and is filed with the bond, or (ii) the bond is secured by a

Deed of Trust to the State or its agent and the defendant or

surety furnishes a verified list of all encumbrances on each

parcel of real estate subject to the Deed of Trust in the form

required for listing encumbrances in a Declaration of Trust.

(2) Value

Collateral security shall be accepted only if the person

who takes the bail bond is satisfied that it is worth the

required amount.

(3) Additional or Different Collateral Security

Upon a finding that the collateral security originally

deposited, pledged, or encumbered is insufficient to ensure

collection of the penalty sum of the bond, the court, on motion

by the State or on its own initiative and after notice and

opportunity for hearing, may require additional or different

collateral security.

(f)

Condition of Bail Bond

The condition of any bail bond taken pursuant to this

Rule shall be that the defendant personally appear as required

in any court in which the charges are pending, or in which a

charging document may be filed based on the same acts or

transactions, or to which the action may be transferred,

removed, or if from the District Court, appealed, and that the

bail bond shall continue in effect until discharged pursuant to

section (j) of this Rule.

(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 4217.2, and, except as provided in Code, Criminal Procedure

Article, § 5-214, shall be executed and acknowledged by the

defendant and any surety before the person who takes the bond.

(h)

Voluntary Surrender of the Defendant by Surety

A surety on a bail bond who has custody of a defendant

may procure the discharge of the bail bond at any time before

forfeiture by:

(1) delivery of a copy of the bond and the amount of any

premium or fee received for the bond to the court in which the

charges are pending or to a commissioner in the county in which

the charges are pending who shall thereupon issue an order

committing the defendant to the custodian of the jail or

detention center; and

(2) delivery of the defendant and the commitment order to

the custodian of the jail or detention center, who shall

thereupon issue a receipt for the defendant to the surety.

Unless released on a new bond, the defendant shall be taken

forthwith before a judge of the court in which the charges are

pending.

On motion of the surety or any person who paid the premium or

fee, and after notice and opportunity to be heard, the court may

by order award to the surety an allowance for expenses in

locating and surrendering the defendant, and refund the balance

to the person who paid it.

(i)

Forfeiture of Bond

(1) On Defendant's Failure to Appear--Issuance of Warrant

If a defendant fails to appear as required, the court

shall order forfeiture of the bail bond and issuance of a

warrant for the defendant's arrest and may set a new bond in the

action.

The clerk shall promptly notify any surety on the

defendant's original bond, and the State's Attorney, of the

forfeiture of that bond and the issuance of the warrant.

Cross reference:

Code, Criminal Procedure Article, § 5-211.

(2) On Defendant's Posting a Bond After Issuance of Warrant

If a new bond is set under subsection (i)(1) of this

Rule and the defendant posts the bond:

(A) a judicial officer shall mark the warrant satisfied;

and

(B) the court shall reschedule the hearing or trial.

(3) Striking Out Forfeiture for Cause

If the defendant or surety can show reasonable grounds

for the defendant's failure to appear, notwithstanding Rule 2535, the court shall (A) strike out the forfeiture in whole or

in part; and, (B) set aside any judgment entered thereon

pursuant to subsection (5)(A) of this section, and (C) order the

remission in whole or in part of the penalty sum paid pursuant

to subsection (4) of this section.

Cross reference: Code, Criminal Procedure Article, § 5208(b)(1) and (2) and Allegany Mut. Cas. Co. v. State, 234 Md.

278, 199 A.2d 201 (1964).

(4) Satisfaction of Forfeiture

Within 90 days from the date the defendant fails to

appear, which time the court may extend to 180 days upon good

cause shown, a surety shall satisfy any order of forfeiture,

either by producing the defendant in court or by paying the

penalty sum of the bond.

If the defendant is produced within

such time by the State, the court shall require the surety to

pay the expenses of the State in producing the defendant and

shall treat the order of forfeiture satisfied with respect to

the remainder of the penalty sum.

(5) Enforcement of Forfeiture

If an order of forfeiture has not been stricken or

satisfied within 90 days after the defendant's failure to

appear, or within 180 days if the time has been extended, the

clerk shall forthwith:

(A) enter the order of forfeiture as a judgment in favor

of the governmental entity that is entitled by statute to

receive the forfeiture and against the defendant and surety, if

any, for the amount of the penalty sum of the bail bond, with

interest from the date of forfeiture and costs including any

costs of recording, less any amount that may have been deposited

as collateral security; and

(B) cause the judgment to be recorded and indexed among

the civil judgment records of the circuit court of the county;

and

bond commissioner appointed pursuant to Rule 16-805, to the

State's Attorney, to the Chief Clerk of the District Court, and

to the surety, if any, a true copy of the docket entries in the

cause, showing the entry and recording of the judgment against

the defendant and surety, if any.

Enforcement of the judgment shall be by the State's Attorney in

accordance with those provisions of the rules relating to the

enforcement of judgments.

(6) Subsequent Appearance of Defendant

When the defendant is produced in court after the period

allowed under subsection (4) of this section, the surety may

apply for the refund of any penalty sum paid in satisfaction of

the forfeiture less any expenses permitted by law.

The court

shall strike out a forfeiture of bail or collateral and deduct

only the actual expense incurred for the defendant's arrest,

apprehension, or surrender provided that the surety paid the

forfeiture of bail or collateral during the period allowed for

the return of the defendant under subsection (4) of this

section.

(7) Where Defendant Incarcerated Outside This State

(A) If, within the period allowed under subsection (4) of

this section, the surety produces evidence and the court finds

that the defendant is incarcerated in a penal institution

outside this State and that the State's Attorney is unwilling to

issue a detainer and subsequently extradite the defendant, the

court shall strike out the forfeiture and shall return the bond

or collateral security to the surety.

(B) If, after the expiration of the period allowed under

subsection (4) of this section, but within 10 years from the

date the bond or collateral was posted, the surety produces

evidence and the court finds that the defendant is incarcerated

in a penal institution outside this State, that the State's

Attorney is unwilling to issue a detainer and subsequently

extradite the defendant, and that the surety agrees in writing

to defray the expense of returning the defendant to the

jurisdiction in accordance with Code, Criminal Procedure

Article, § 5-208(c), subject to subsection (C) of this section,

the court shall strike out the forfeiture and refund the

forfeited bail bond or collateral to the surety provided that

the surety paid the forfeiture of bail or collateral within the

time limits established under subsection (4) of this section.

forfeited bail bond or collateral that was not paid within the

time limits established under subsection (4) of this section if

the surety produces evidence that the defendant was incarcerated

when the judgment of forfeiture was entered, and the court

strikes out the judgment for fraud, mistake, or irregularity.

(j)

Discharge of Bond--Refund of Collateral Security

(1) Discharge

The bail bond shall be discharged when:

(A) all charges to which the bail bond applies have been

stetted, unless the bond has been forfeited and 10 years have

elapsed since the bond or other security was posted; or

(B) all charges to which the bail bond applies have been

disposed of by a nolle prosequi, dismissal, acquittal, or

probation before judgment; or

and no timely appeal has been taken, or in the circuit court

exercising original jurisdiction, or on appeal or transfer from

the District Court; or

(D) the court has revoked the bail bond pursuant to Rule

4-216.3 or the defendant has been convicted and denied bail

pending sentencing; or

(E) the defendant has been surrendered by the surety

pursuant to section (h) of this Rule.

Cross reference: See Code, Criminal Procedure Article, § 5208(d) relating to discharge of a bail bond when the charges are

stetted. See also Rule 4-349 pursuant to which the District

Court judge may deny release on bond pending appeal or may

impose different or greater conditions for release after

conviction than were imposed for the pretrial release of the

defendant pursuant to Rule 4-216, 4-216.1, 4-216.2, or 4-216.3.

(2) Refund of Collateral Security--Release of Lien

Upon the discharge of a bail bond and surrender of the

receipt, the clerk shall return any collateral security to the

person who deposited or pledged it and shall release any

Declaration of Trust that was taken.

Source:

722.

This Rule is derived from former Rule 722 and M.D.R.

MARYLAND RULES OF PROCEDURE

TITLE 8 – APPELLATE REVIEW IN THE COURT OF APPEALS AND COURT OF

SPECIAL APPEALS

CHAPTER 200 – OBTAINING REVIEW IN COURT OF SPECIAL APPEALS

AMEND Rule 8-202 by correcting a cross reference after

section (a), as follows:

Rule 8-202.

(a)

NOTICE OF APPEAL – TIMES FOR FILING

Generally

Except as otherwise provided in this Rule or by law, the

notice of appeal shall be filed within 30 days after entry of

the judgment or order from which the appeal is taken.

In this

Rule, “judgment” includes a verdict or decision of a circuit

court to which issues have been sent from an Orphans' Court.

Cross reference: Code, Courts Article, § 12-302(c)(3)(4).

. . .

MARYLAND RULES OF PROCEDURE

TITLE 9 – FAMILY LAW ACTIONS

CHAPTER 100 – ADOPTION; PRIVATE AGENCY GUARDIANSHIP

AMEND Rule 9-105 by deleting section (d) and by relettering sections (e) through (g) as (d) through (f), as

follows:

Rule 9-105.

SHOW CAUSE ORDER; DISABILITY OF A PARTY; OTHER

NOTICE

. . .

(d)

Notice of Name Change

If the person to be adopted is an adult and the

petitioner desires to change the name of the person to be

adopted to a surname other than that of the petitioner, notice

of a proposed change of name shall also be given in the manner

provided in Rule 15-901.

. . .

(e)(d)

Form of Show Cause Order

. . .

(f)(e)

Form of Notice of Objection

. . .

(g)(f)

Form of Notice for Service by Publication and Posting

. . .

Source: This Rule is in part derived from former Rule D74 and

is in part new.

MARYLAND RULES OF PROCEDURE

TITLE 9 – FAMILY LAW ACTIONS

CHAPTER 200 – DIVORCE, ANNULMENT, ALIMONY, CHILD SUPPORT, AND

CHILD CUSTODY

AMEND Rule 9-205 by modifying the tagline of section (a),

by making stylistic changes to section (a), by adding new

subsection (a)(2)(A) defining “abuse,” by adding new subsection

(a)(2)(B) defining “coercive control,” and by deleting a

reference to Code, Family Law Article, § 4-501 and adding a

reference to coercive control in subsection (b)(2), as follows:

Rule 9-205.

(a)

MEDIATION OF CHILD CUSTODY AND VISITATION DISPUTES

Scope of Rule Applicability; Definitions

(1) This Rule applies to any action or proceeding under this

Chapter in which the custody of or visitation with a minor child

is an issue, including:

(1)(A) an initial action to determine custody or

visitation;

(2)(B) an action to modify an existing order or judgment

as to custody or visitation; and

(3)(C) a petition for contempt by reason of non-compliance

with an order or judgment governing custody or visitation.

(2) In this Rule, the following definitions apply:

(A) “Abuse” has the meaning stated in Code, Family Law

Article, § 4-501.

(B) “Coercive control” means a pattern of emotional or

psychological manipulation, maltreatment, threat of force, or

intimidation used to compel an individual to act, or refrain

from acting, against the individual’s will.

(b)

Duty of Court

(1) Promptly after an action subject to this Rule is at

issue, the court shall determine whether:

(A) mediation of the dispute as to custody or visitation

is appropriate and likely would be beneficial to the parties or

the child; and

(B) a mediator possessing the qualifications set forth in

section (c) of this Rule is available to mediate the dispute.

(2) If a party or a child represents to the court in good

faith that there is a genuine issue of abuse, as defined in

Code, Family Law Article, § 4-501, of the party or child or

coercive control of a party and that, as a result, mediation

would be inappropriate, the court may not order mediation.

(3) If the court concludes that mediation is appropriate and

likely to be beneficial to the parties or the child and that a

qualified mediator is available, it shall enter an order

requiring the parties to mediate the custody or visitation

dispute.

The order may stay some or all further proceedings in

the action pending the mediation on terms and conditions set

forth in the order.

Cross reference: With respect to subsection (b)(2) of this

Rule, see Rule 1-341 and Rules 19-303.1 and 19-303.3 of the

Maryland Attorneys' Rules of Professional Conduct.

. . .

MARYLAND RULES OF PROCEDURE

TITLE 9 – FAMILY LAW ACTIONS

CHAPTER 200 – DIVORCE, ANNULMENT, ALIMONY, CHILD SUPPORT, AND

CHILD CUSTODY

AMEND Rule 9-205.3 by correcting references in subsections

(f)(2) and (f)(4), as follows:

Rule 9-205.3.

CUSTODY AND VISITATION-RELATED ASSESSMENTS

. . .

(f)

Description of Custody Evaluation

(1) Mandatory Elements

Subject to any protective order of the court, a custody

evaluation shall include:

(A) a review of the relevant court records pertaining to

the litigation;

(B) an interview of each party and any adult who performs

a caretaking role for the child or lives in a household with the

child;

evaluator determines and explains that by reason of age,

disability, or lack of maturity, the child lacks capacity to be

interviewed;

(D) a review of any relevant educational, medical, and

legal records pertaining to the child;

(E) if feasible, observations of the child with each

party, whenever possible in that party's household;

(F) contact with any high neutrality/low affiliation

collateral sources of information, as determined by the

assessor;

Committee note: “High neutrality/low affiliation” is a term of

art that refers to impartial, objective collateral sources of

information. For example, in a custody contest in which the

parties are taking opposing positions about whether the child

needs to continue taking a certain medication, the child’s

treating doctor would be a high neutrality/low affiliation

source, especially if he or she had dealt with both parties.

(G) screening for intimate partner violence;

(H) factual findings about the needs of the child and the

capacity of each party to meet the child's needs; and

(I) a custody and visitation recommendation based upon an

analysis of the facts found or, if such a recommendation cannot

be made, an explanation of why.

(2) Optional Elements — Generally

Subject to subsection (f)(3)(f)(4) of this Rule, at the

discretion of the custody evaluator, a custody evaluation also

may include:

(A) contact with collateral sources of information that

are not high neutrality/low affiliation;

(B) a review of additional records;

(D) a mental health evaluation;

(E) consultation with other experts to develop information

that is beyond the scope of the evaluator's practice or area of

expertise; and

(F) an investigation into any other relevant information

about the child's needs.

(3) Elements of Specific Issue Evaluation

Subject to any protective order of the court, a specific

issue evaluation may include any of the elements listed in

subsections (f)(1)(A) through (G) and (f)(2) of this Rule.

The

specific issue evaluation shall include fact-finding pertaining

to each issue identified by the court and, if requested by the

court, a recommendation as to each.

(4) Optional Elements Requiring Court Approval

The custody evaluator or specific issue evaluation

assessor may not include an optional element listed in

subsection (f)(2)(E), (F), or (G) (f)(2)(D), (E), or (F) if any

additional cost is to be assessed for the element unless, after

notice to the parties and an opportunity to object, the court

approved inclusion of the element.

. . .

MARYLAND RULES OF PROCEDURE

TITLE 11 – JUVENILE CAUSES

CHAPTER 100 – GENERAL PROVISIONS

AMEND Rule 11-112 by deleting references to a unit of the

State or local government; by replacing the phrase, “the unit

shall serve,” with the phrase, “the court shall issue”; by

requiring that a certain Multilingual Advisement Form be

attached to certain documents; by altering the Committee note to

refer to translation of certain documents into priority

languages; by altering the Committee note to state that the

Access to Justice Department does not translate case-specific

documents; by altering the Committee note to state that a

provision of the State Government Article applies to “certain

State agencies, departments, and programs in the Executive

Branch of government”; and by making stylistic changes, as

follows:

Rule 11-112.

PAPERS IN A FOREIGN LANGUAGE

Whenever the court or a unit of the State or local

government has reason to believe that an individual required to

be served with a summons, subpoena, notice of hearing or court

conference, or other document that requires a decision, action,

or response by the individual, by reason of unfamiliarity with

the English language, may be unable to read and understand the

document, the court unit shall (1) serve issue the document in

English and (1) if the document is available in a language that

the court or unit reasonably believes the individual can

understand, issue the document in that language, or (2) if the

document is not available in a language the court reasonably

believes the individual can understand, attach a Multilingual

Advisement Form approved by the State Court Administrator.

an attachment to the English version of the document, inform the

individual in a language the court or unit reasonably believes

the individual can understand that, if the individual, due to

unfamiliarity with the English language, is unable to read and

understand the document, upon request (A) a copy of the document

in a language the individual understands will be made available,

or (B) an individual fluent in the language the served

individual understands will be made available to translate the

document.

Committee note: The Access to Justice Department of the

Administrative Office of the Courts provides translation

services to the Maryland courts and can provide translations of

certain forms and materials into priority languages at the

court’s request. The Access to Justice Department does not

provide translation of case-specific documents. See Code, State

Government Article, § 10-1103 requiring certain State agencies,

departments, and programs in the Executive Branch of government,

including the Department of Human Services, Department of

Juvenile Services, and Attorney General’s Office, to provide

“the translation of vital documents ordinarily provided to the

public into any language spoken by any limited English

proficient population that constitutes 3% of the overall

population within the geographic area served by a local office

of a State program as measured by the United States Census.”

Source:

This Rule is new.

MARYLAND RULES OF PROCEDURE

TITLE 11 - JUVENILE CAUSES

CHAPTER 200 - CHILD IN NEED OF ASSISTANCE

AMEND Rule 11-204 by requiring that a written request

pursuant to subsection (d)(4)(A) be made no later than the next

day after entry of the magistrate’s order, as follows:

Rule 11-204.

(a)

SHELTER CARE

Placement in Emergency Shelter Care

A local department may place a child in emergency shelter

care before a hearing in conformance with Code, Courts Article,

§ 3-815(b).

Cross reference: See Code, Courts Article, § 3-807 for the

authority of a magistrate to order shelter care.

(b)

Petition for Continued Shelter Care

Unless a child placed in emergency shelter care pursuant

to section (a) of this Rule has been released, the local

department shall:

(1) give to the child’s parent, guardian, or custodian

written notice of the emergency shelter care; and

(2) on the next day file a CINA petition with a request for

continued shelter care or a separate petition requesting

continued shelter care including the allegations supporting the

request for continued shelter care.

(c)

Hearing

(1) Timing

The court shall hold a hearing on a request for

continued shelter care on the same day that the petition is

filed.

The hearing may be postponed or continued by the court

for good cause shown, but it may not be postponed for more than

eight days following the commencement of the respondent’s

emergency shelter care.

(2) Notice

The petitioner shall give reasonable notice of the time,

place, and purpose of the hearing to the child’s parent,

guardian, and custodian, and to the child’s other relatives who

may be potential placement resources, if they can be located.

(3) Presence

A respondent shall be present for the hearing, except

that the attorney for the respondent may waive the presence of

that respondent.

Committee note: If the hearing is conducted by remote

electronic means, “present” or “presence” means the ability (1)

to observe the proceeding, (2) to communicate with other

participants when such communication is permitted, and (3) to be

observed by other participants when communicating.

(d)

Order for Continued Shelter Care

(1) Limitation on Continued Shelter Care

The court may continue shelter care prior to

adjudication if the court has reasonable grounds to find the

criteria in Code, Courts Article, § 3-815(d) have been

satisfied.

(2) Duration

The court may not order continued shelter care for more

than 30 days, except that it may extend the shelter care for an

additional period not exceeding 30 days if it finds, by a

preponderance of the evidence, after a hearing held as part of

an adjudicatory hearing, that continued shelter care is needed

to provide for the safety of the child.

(3) Findings and Order

If the court orders continued shelter care, the court

shall make written findings as to the grounds for removal and

the efforts that were made to avoid the need for removal as

required by Code, Courts Article, § 3-815(d) and (e) and § 3816.1.

If the hearing was conducted by a magistrate, the

magistrate also shall make written findings, conclusions, and

recommendations.

If a magistrate declines to order continued

shelter care, the magistrate shall prepare written findings in

support of that determination and enter an order denying

continued shelter care.

(4) Review of Magistrate’s Shelter Care Determination

(A) Request

If a hearing under this Rule was conducted by a

magistrate, a party may request immediate review of an order

orally at the hearing or in writing no later than the next day

after entry of the magistrate’s order pursuant to subsection

(d)(3) of this Rule.

(B) Review by Judge

Not later than the next day following a request for

immediate review, a judge of the court shall review the file,

any exhibits, and the magistrate’s findings, conclusions, and

recommendations and shall afford the parties an opportunity for

a hearing on the record or de novo review.

Source: This Rule is derived in part from former Rule 11-112

(2021) and is in part new.

MARYLAND RULES OF PROCEDURE

TITLE 11 - JUVENILE CAUSES

CHAPTER 200 - CHILD IN NEED OF ASSISTANCE

AMEND Rule 11-219 by deleting a certain statutory reference

from section (b), by adding new subsection (e)(2)(D) pertaining

to a permanency plan that is another planned living arrangement,

by adding new subsection (e)(2)(E) pertaining to placement in a

qualified residential treatment program, and by making stylistic

changes, as follows:

Rule 11-219.

POST DISPOSITION REVIEW AND MODIFICATION;

PERMANENCY PLANS

(a)

Status Review

(1) Generally

Except as provided in subsection (a)(2) of this Rule,

the court shall conduct a hearing to review the status of a

child under its jurisdiction within six months after the filing

of the first petition under this subtitle and at least every six

months thereafter.

(2) Qualified Residential Treatment Program

If a child has been placed in a qualified residential

treatment program, the court shall conduct a hearing to review

the status of the child and determine the appropriateness of the

placement within 60 days after the child enters the placement.

Cross reference: See Code, Courts Article, § 3-816.2 regarding

considerations at a review hearing under this section.

(b)

Review of Custody and Guardianship

After granting custody or guardianship of a child to an

individual pursuant to Code, Courts Article, § 3-819.2, the

court may order such further reviews as it determines to be in

the child’s best interests, consistent with Code, Courts

Article, §3-823 (h).

(c)

Review of Commitment to Certain Facilities

(1) In General

If a child has been committed for inpatient care and

treatment in a psychiatric facility or facility for

developmentally disabled individuals pursuant to Code, Courts

Article, § 3-819(h) or (i), the court, on request of any party,

the child’s custodian, or the facility, shall hold a hearing

after the first six months of the commitment and at six month

intervals thereafter to determine whether the standards

specified in those sections of the Code continue to exist.

The

court may hold a hearing at any other time for that purpose.

(2) Other Hearings Based on Individualized Treatment Plans

If an individualized treatment plan developed under

Code, Health-General Article, § 7-1006 or § 10-706 recommends

that a child no longer meets the requirements of Code, Courts

Article, § 3-819(h) or (i), as applicable, the court shall hold

a hearing to review the commitment order.

(d)

Removal of Child from Court-Ordered Placement

(1) Emergency Hearing

(A) If, after or as part of a CINA disposition, the court

orders a specific placement of the child and the local

department, acting pursuant to Code, Courts Article, § 3-820(a),

removes the child from that placement, gives the notice required

by § 3-820(b), and files a motion to authorize a new placement,

the court shall hold an emergency review hearing on the motion

not later than the next day after the motion is filed.

(B) All parties shall be given reasonable notice of the

hearing.

such evidence as would suffice under Code, Courts Article, § 3815(d) to order shelter care.

(2) Hearing on the Merits

Unless all parties agree to the order entered following

an emergency hearing, the court, at that hearing, shall schedule

a full review hearing on the merits of the local department’s

action to be held within 30 days after the date of removal or,

if agreed to by the parties or for good cause shown, at a later

date.

(e)

Permanency Plan Hearings

(1) Determination of Permanency Plan

If the court has ordered an out-of-home placement, as

defined in Code, Family Law Article, § 5-501(i), it shall,

within the times set forth in Code, Courts Article, § 3-823(b)

or (c), hold a hearing to determine a permanency plan for the

child.

At that hearing, the court shall determine the child’s

permanency plan in accordance with Code, Courts Article, § 3823(e), (f), and (g) and make findings in accordance with Code,

Courts Article, § 3-816.2(a)(2).

(2) Periodic Reviews

(A) Once a permanency plan has been approved pursuant to

subsection (e)(1) of this Rule, the court shall hold periodic

hearings at the times set forth in Code, Courts Article, § 3823(h)(1) to review the current plan.

Committee note: Federal law requires the court to continue to

conduct a hearing to review the status of each child under its

jurisdiction at least every six months. At that hearing, the

court must make the findings required by Code, Courts Article, §

3-816.2(a)(2). See 42 U.S.C. § 675(5)(B).

(B) Notice of the hearing and an opportunity to be heard

shall be provided to the parties and other individuals as

required by Code, Courts Article, § 3-816.3.

Cross reference: See Code, Courts Article, § 3-816.3 for notice

to the child’s foster parent, preadoptive parent, or caregiver.

written report of a local out-of-home care review board required

under Code, Family Law Article, § 5-545 and make the

determinations and take the actions required by Code, Courts

Article, § 3-823(h)(2) and make the findings required by Code,

Courts Article, § 3-816.2(a)(2).

(D) If the permanency plan is another planned permanent

living arrangement, at the review hearing the court shall make

the determinations and take the actions required by Code, Courts

Article, § 3-823(h)(3).

(E) For a child placed in a qualified residential

treatment program, at the review hearing the court shall make

the determinations and take the actions required by Code, Courts

Article, § 3-823(h)(4).

(D)(F) At least every 12 months, the court, at a review

hearing, shall consult on the record with the child, in an ageappropriate manner.

If the court determines that the child is

medically fragile or that it would be detrimental to the child’s

physical or mental health to be transported to the place where

the consultation would occur, the consultation may occur

remotely pursuant to Code, Courts Article, § 3-823(j)(3) and

Rules 2-801 through 2-806.

(3) Reasonable Efforts Finding

At each hearing under this section, the court shall make

a finding as required by Code, Courts Article, § 3-816.1.

Source: This Rule is derived in part from former Rule 11-115 c

(2021) and is in part new.

MARYLAND RULES OF PROCEDURE

TITLE 11 – JUVENILE CAUSES

CHAPTER 200 – CHILD IN NEED OF ASSISTANCE

AMEND Rule 11-220 by updating a statutory reference in

subsection (a)(2), as follows:

Rule 11-220.

(a)

TERMINATION OF PROCEEDING

Termination of Jurisdiction

(1) Generally

Except as provided in subsection (a)(2), upon

termination of the court’s jurisdiction over the respondent

child, the court shall enter a final order terminating the

proceeding.

Cross reference: See Code, Courts Article, § 3-804(b),

providing that jurisdiction over a CINA continues until the

child is age 21 years, unless the court terminates the case

sooner.

(2) Limited Retention of Jurisdiction

If the court enters an order directing the provision of

services to a child under Code, Courts Article, § 3-819(c)(3) or

§3-823 (h)(2)(vii) § 3-823(h)(2)(viii), the court retains

jurisdiction for the limited purpose of enforcement,

modification, or termination of the order.

Cross reference: See Code, Courts Article, §§ 3-804(d) and 3823(k) and In re Adoption/Guardianship Dustin R., 445 Md. 536

(2015) for continuing jurisdiction over a CINA.

(b)

Prior to Termination of Jurisdiction

Upon a finding of good cause, the court may enter a final

order terminating the proceeding prior to expiration of the

court’s jurisdiction by operation of law (1) on the court’s own

initiative, (2) on motion of a party, or (3) on the

recommendation of an appropriate governmental agency exercising

supervision over the respondent.

Cross reference: See In re Emileigh F., 355 Md. 198 (1999) and

In re Joseph N., 407 Md. 278 (2009) precluding the court from

terminating the proceeding while an appeal from its decision is

pending.

Source:

This Rule is derived from former Rule 11-120 (2021).

MARYLAND RULES OF PROCEDURE

TITLE 11 - JUVENILE CAUSES

CHAPTER 400 – DELINQUENCY AND CITATION PROCEEDINGS

AMEND Rule 11-404 by adding a statute to the cross

reference following section (a), as follows:

Rule 11-404.

(a)

RIGHT TO ATTORNEY

Generally

A party is entitled to be represented by an attorney at

every stage of all proceedings under this Chapter in accordance

with Code, Courts Article, § 3-8A-20.

Cross reference: Code, Courts Article, § 3-8A-20 contains

provisions governing the waiver of representation, the court’s

duties when a child appears without an attorney, and

representation by the Public Defender. See also Code, Courts

Article, § 3-8A-14.2 for the requirement that a juvenile consult

with an attorney retained by the parent, guardian, or custodian

of the child or provided by the Office of the Public Defender

prior to a custodial interrogation and Code, Courts Article, §

3-8A-32 for special independent representation of a child when

the court determines that is necessary.

(b)

Striking of Attorney’s Appearance

(1) By Motion

An attorney wishing to withdraw an appearance shall file

a motion to withdraw.

If the attorney’s client is a child who

is entitled to representation at State expense, the court shall

deny the motion unless another attorney has entered an

appearance.

(2) Automatic Termination of Appearance

When no appeal has been taken from a final order of

termination of the proceeding pursuant to Rule 11-425, the

appearance of an attorney is automatically terminated 30 days

after the order of termination of the proceeding is entered.

Cross reference: See Code, Courts Article, § 3-8A-20 concerning

the right to the assistance of counsel.

Source: This Rule is derived in part from former Rule 11-106

(2021) and is in part new.

MARYLAND RULES OF PROCEDURE

TITLE 11 - JUVENILE CAUSES

CHAPTER 400 - DELINQUENCY AND CITATION PROCEEDINGS

AMEND Rule 11-405 by adding a statutory reference to

section (b), as follows:

Rule 11-405.

(a)

TAKING CHILD INTO CUSTODY

Authority

A child may be taken into custody in accordance with

Code, Courts Article, § 3-8A-14(a).

(b)

Notice; Release; Detention

A law enforcement officer who takes a child into custody

shall comply with the requirements of Code, Courts Article, §§

3-8A-14(b) and 3-8A-14.2.

(c)

Failure to Bring Child before Court

Subject to Rule 11-412 (c), if a parent, guardian, or

custodian fails to bring a child before the court when directed

by the court to do so, the court may issue a writ of attachment

directing that the child be taken into custody and brought

before the court.

The court may proceed against the parent,

guardian, or custodian for contempt pursuant to the Rules in

Title 15, Chapter 200.

Committee note: This section does not preclude the court from

the issuance of a writ of attachment for a parent, guardian, or

custodian who fails to appear when ordered to do so.

Cross reference: See Title 15, Chapter 200 of these Rules

concerning civil and criminal contempt.

Source:

This Rule is new.

MARYLAND RULES OF PROCEDURE

TITLE 11 - JUVENILE CAUSES

CHAPTER 400 - DELINQUENCY AND CITATION PROCEEDINGS

AMEND Rule 11-406 by updating a cross reference following

section (a); by updating a statutory reference in subsection

(c)(2); by adding new subsection (c)(4)(A) pertaining to a

petition for continued detention, community detention, or

shelter care; by adding new subsection (c)(4)(B) pertaining to a

petition for continued detention; by adding new subsections

(c)(4)(B)(i) and (c)(4)(B)(ii) containing the current provisions

of subsection (c)(4); by adding new subsection (c)(4)(B)(iii)

pertaining to statutory provisions governing detention; by

adding new subsection (c)(4)(B)(iv) pertaining to a risk scoring

instrument; by adding new subsection (c)(4)(C) pertaining to a

petition for continued shelter care; by updating a cross

reference following section (c); by adding a sentence to

subsection (e)(1)(A) pertaining to statutory provisions

governing detention; by updating a statutory reference in

subsection (e)(2); by adding new section (f) governing

requirements when a child is in detention; by adding a cross

reference following section (f); by re-lettering current section

(f) as section (g); and by making stylistic changes, as follows:

Rule 11-406.

(a)

DETENTION; COMMUNITY DETENTION; SHELTER CARE

Placement in Detention, Community Detention, or Shelter

Care

(1) Who May Authorize

Only the court or an intake officer may authorize

detention, community detention, or shelter care for a child

alleged to be a delinquent child.

(2) Limitation on Place of Detention

A child alleged to be a delinquent child may not be

detained in a jail or other facility for the detention of

adults.

Cross reference:

(h)(g).

(b)

See Code, Courts Article, § 3-8A-15(a) and

Emergency Placement Prior to Hearing

(1) Emergency Detention

A child taken into custody may be placed in emergency

detention prior to a hearing under the conditions set forth in

Code, Courts Article, § 3-8A-15(b).

(2) Emergency Shelter Care

A child taken into custody may be placed in emergency

shelter care prior to a hearing under the conditions set forth

in Code, Courts Article, § 3-8A-15(c).

(3) Emergency Community Detention

A child may be placed in emergency community detention

prior to a hearing under the conditions set forth in Code,

Courts Article, § 3-8A-15(b) or (c).

(c)

Continued Detention, Community Detention, or Shelter Care

(1) Who May Authorize

Only a judge or a magistrate may order continued

detention, community detention, or shelter care.

(2) Basis, Conditions, and Limitations

Continued detention, community detention, and shelter

care may be ordered subject to the conditions and limitations

set forth in Code, Courts Article, § 3-8A-15(d) through (g)(f).

(3) Requirement of Petition

Unless a child placed in emergency detention, community

detention, or shelter care has been released, an intake officer,

on or before the next day after the placement, shall file a

petition to authorize continued detention, community detention,

or shelter care.

(4) Contents of Petition

(A) Generally

A petition to authorize continued detention, community

detention, or shelter care shall state include:

(A) The the allegations supporting the relief sought.;

(B) Detention

For If continued detention based on allegations that

the juvenile has committed a delinquent act, is sought, the

petitioner shall:

(i) Sufficient state sufficient details of the alleged

offense delinquent act for the court to make a determination as

to whether there is probable cause to believe that the juvenile

committed the act, which shall include the allegations and;

(ii) state the reasons for the emergency detention; and

(iii) state sufficient information for the court to make

a determination that the detention is permitted by Code, Courts

Article, §§ 3-8A-15(b)(3) and 3-8A-19.7; and

(iv) attach to the petition a copy of the results of a

risk scoring instrument as defined by Code, Courts Article, § 38A-15(b)(2).

For If continued shelter care, a statement that is

sought, the petition shall state:

(i) Continuation that continuation of the child in the

child’s home is contrary to the welfare of the child and removal

of the child from the child’s home is reasonable under the

circumstances due to an alleged emergency situation and in order

to provide for the safety of the child; or

(ii) Reasonable that reasonable but unsuccessful efforts

have been made to prevent or eliminate the need for removal from

the child’s home and, as appropriate, reasonable efforts are

being made to return the child to the child’s home.

Cross reference: See Code, Courts Article, § 3-8A-15(f)(e)

concerning the grounds for continued detention or community

detention and Code, Courts Article, § 3-8A-15(g)(f) concerning

the grounds for continued shelter care.

(d)

Notice

The petitioner shall give reasonable notice, oral or

written, of the time, place, and purpose of the hearing to the

child and to the child’s parent, guardian, or custodian, if that

person can be found.

(e)

Grounds for Continued Detention, Community Detention, or

Shelter Care

(1) Detention or Community Detention

(A) Generally

Detention or community detention may not be continued

unless, in an order entered at or after a hearing, the court

finds that (i) there was probable cause for the detention or

community detention and (ii) there are reasonable grounds to

find either (a) that continued detention or community detention

is required to protect the child or others or (b) that the child

is likely to leave the jurisdiction of the court.

For a child

in detention, the court also shall make a finding that the

detention is permitted by Code, Courts Article, §§ 3-8A-15(b)(3)

and 3-8A-19.7.

(B) Release on Conditions

If the time requirements of Code, Courts Article, § 38A-15(d)(6)(i) are not met, the court shall release the child

from detention or community detention on such terms and

conditions as the court deems appropriate for the protection of

the child and the safety of the community.

(2) Shelter Care

Shelter care may not be continued unless, in an order

entered at or after a hearing, the court makes the findings set

forth in Code, Courts Article, § 3-8A-15(g)(f).

(f)

Child in Detention – Required Actions

(1) Plan for Release

Within 10 days after a court orders detention of a

child, the Department of Juvenile Services shall submit a plan

to the court for releasing the child into the community.

Cross reference:

See Code, Courts Article, § 3-8A-15(l).

(2) Review Hearing

Within 14 days after the court orders detention of a

child, and every 14 days thereafter, the Department of Juvenile

Services shall appear at a hearing before the court with the

child to explain the reasons for continued detention.

Cross reference:

(f)(g)

See Code, Courts Article, § 3-8A-15(k).

Review of Magistrate’s Continued Detention, Community

Detention, or Shelter Care Determination

(1) Request

If a hearing under this Rule was conducted by a

magistrate, a party may request immediate review of an order

orally at the hearing or in writing.

(2) Review by Judge

Not later than the next day following a request for

immediate review, a judge of the court shall review the file,

any exhibits, and the magistrate’s findings and order and shall

afford the parties an opportunity for a hearing on the record or

de novo review.

Cross reference:

807(d).

See Code, Courts Article, § 3-8A-04 and § 3-

Source: This Rule is derived in part from former Rule 11-112

(2021) and is in part new.

MARYLAND RULES OF PROCEDURE

TITLE 11 - JUVENILE CAUSES

CHAPTER 400 - DELINQUENCY AND CITATION PROCEEDINGS

AMEND Rule 11-419 by adding a cross reference following

subsection (b)(4), as follows:

Rule 11-419.

(a)

MOTIONS

Generally

(1) Content

A motion filed pursuant to this Rule shall (A) be in

writing, unless the court otherwise directs, (B) state the

grounds upon which it is made, and (C) set forth the relief

sought.

A motion requesting suppression of evidence or a motion

alleging an illegal source of information as the basis for

probable cause shall be supported by precise and specific

factual averments.

Every motion shall contain or be accompanied

by a statement of points and citation of authorities.

(2) Response

A response, if made, shall be filed within 10 days after

service of the motion and contain or be accompanied by a

statement of points and citation of authorities.

(3) Determination

Motions filed pursuant to this Rule shall be determined

on the day of trial but prior to trial, except that the court

may defer until after trial its determination of a motion to

dismiss for failure to obtain a speedy trial.

If factual issues

are involved in determining the motion, the court shall state

its findings on the record.

(b)

Mandatory Motions - Generally

In a delinquency proceeding, the following matters shall

be raised by motion in conformity with this Rule and if not so

raised are waived unless the court, for good cause shown, orders

otherwise:

(1) A defect in the institution of the prosecution;

(2) A defect in the charging document other than its failure

to show jurisdiction in the court or its failure to charge an

offense;

(3) An unlawful search, seizure, interception of wire or

oral communication, or pretrial identification;

(4) An unlawfully obtained admission, statement, or

confession; and

Cross reference: See Code, Courts Article, § 3-8A-14.2

regarding admissibility of a statement made by a child during a

custodial interrogation.

(5) A request for a joint trial or separate trials of

respondents or offenses.

(c)

Time for Filing

(1) Mandatory Motions

A motion under section (b) of this Rule shall be filed

no later than five business days before the first scheduled

adjudicatory hearing, unless the court, for good cause shown,

orders otherwise.

(2) Other Motions

A motion asserting failure of the charging document to

show jurisdiction in the court or to charge an offense may be

raised and determined at any time.

Any other defense,

objection, or request capable of determination before trial

without trial of the general issue shall be raised by motion

filed at any time before trial.

Source:

This Rule is new.

MARYLAND RULES OF PROCEDURE

TITLE 11 - JUVENILE CAUSES

CHAPTER 400 - DELINQUENCY AND CITATION PROCEEDINGS

ADD new Rule 11-420.1, as follows:

Rule 11-420.1.

(a)

INFORMAL ADJUSTMENT

Generally

At any time prior to the commencement of an adjudicatory

hearing, with the consent of the State’s Attorney, the child,

and the child’s attorney, the court may hold proceedings in

abeyance and order the matter referred to the Department of

Juvenile Services for informal adjustment.

Committee note: Informal adjustment is a process by which the

Department of Juvenile Services attempts to resolve a complaint

made pursuant to Code, Courts Article, § 3-8A-10(a) without

court involvement. See Code, Courts Article, § 3-8A-10(n)

authorizing the court to refer a matter for informal adjustment

and Code, Courts Article, § 3-8A-10(e) and (f) pertaining to the

informal adjustment process.

(b)

Report

No later than 30 days following an order referring a

matter for informal adjustment, the Department of Juvenile

Services shall provide to the court and the parties a status

report regarding the progress of the child in the informal

adjustment process.

(c)

Disposition

At the conclusion of the informal adjustment process, the

Department of Juvenile Services shall inform the court and the

parties in writing or on the record whether the child

successfully completed the process.

If the child successfully

completed the informal adjustment process, the court shall

dismiss the delinquency petition.

If the child did not

successfully complete the informal adjustment process, the court

shall resume the delinquency proceedings.

Source:

This Rule is new.

MARYLAND RULES OF PROCEDURE

TITLE 11 - JUVENILE CAUSES

CHAPTER 400 - DELINQUENCY AND CITATION PROCEEDINGS

AMEND Rule 11-422 by adding a statutory reference to

subsections (d)(1) and (d)(2), by adding a cross reference

following section (d), and by making stylistic changes, as

follows:

Rule 11-422.

(a)

DISPOSITION HEARING AND ORDER

Generally

Upon a finding that the allegations of the delinquency

petition that the child committed one or more delinquent acts or

citation have been proven beyond a reasonable doubt, the court

shall hold a separate disposition hearing, unless such hearing

is waived in writing by all of the parties.

(b)

Time for Hearing

(1) Citation

In a citation proceeding, the disposition hearing shall

be held on the same day as the adjudicatory hearing unless the

court, for good cause, orders otherwise.

(2) Delinquency Petition

In a delinquency petition proceeding, the disposition

hearing may be held on the same day as the adjudicatory hearing

if notice of the disposition hearing is waived on the record by

all parties.

(3) If Not Held on Same Day

(A) If the disposition hearing is not held on the same day

as the adjudicatory hearing and the respondent is not in

detention or community detention, the disposition hearing shall

be held not later than 30 days after the conclusion of the

adjudicatory hearing.

(B) If the respondent is in detention or community

detention, the disposition hearing shall be held no later than

14 days after the conclusion of the adjudicatory hearing, unless

the detention is extended in conformance with Code, Courts

Article, § 3-8A-15(d)(6).

(c)

Priorities in Disposition

The priorities in making a disposition shall be

consistent with the purposes set forth in Code, Courts Article,

§ 3-8A-02.

(d)

Permitted Dispositions - Delinquency Petition

(1) Generally

In a proceeding based on a delinquency petition, the

court may enter a disposition authorized by Code, Courts

Article, § 3-8A-19(d), (f), (g), (h), (i), or (j), subject to

the conditions and limitations set forth in those sections and

in Code, Courts Article, §§ 3-8A-19.6, 3-8A-22, 3-8A-24, and 38A-35.

Cross reference: Code, Courts Article, § 3-8A-19(d) addresses

the court’s disposition generally. Subsection (f) of that

section addresses the guardian appointed under the section.

Subsection (g) of that section addresses placement of a child in

an emergency facility on an emergency basis under Code, HealthGeneral Article, Title 10, Subtitle 6, Part IV. Subsections (h)

and (i) of the that section address commitment of a child to the

custody of the State Department of Health for inpatient care and

treatment in a State mental hospital or State mental retardation

facility, respectively. Subsection (j) of that section

addresses the requirement that a commitment order issued under

either subsection (h) or (i) must require the State Department

of Health to file certain progress reports.

(2) Probation with Stay of Delinquency Finding

In addition to the dispositions permitted in subsection

(d)(1) of this section Rule, the court may, subject to Code,

Courts Article, § 3-8A-19.6, enter a disposition of probation

with stay of delinquency finding, which is a status created by a

court order in which the court, with the consent of the

respondent, places the respondent in a probationary status with

appropriate conditions after the court has made a finding that

the respondent committed a delinquent act, but without making a

finding that the respondent is a delinquent child.

Cross reference: See Code, Courts Article, § 3-8A-19.6 for

limitations on the term of probation that may be imposed by the

court.

(e)

Permitted Disposition - Citation

In a proceeding based on a citation, the court may enter

a disposition authorized by Code, Courts Article, § 3-8A-19(e),

subject to the conditions and limitations set forth in that

section.

(f)

Procedure

(1) Disposition Hearing Conducted by Judge

If a judge conducts the disposition hearing, the judge

shall enter a written disposition order and shall either file or

announce and dictate into the record (A) a statement of reasons

for any order that includes placement of the respondent outside

the respondent’s home, and (B) a statement of each condition for

any probation.

(2) Disposition Hearing Conducted by Magistrate

If a magistrate conducts the disposition hearing, the

proceeding shall be in accordance with Rule 11-103.

commitment recommended by a magistrate is subject to approval by

the court in accordance with Rule 11-103 but may be implemented

in advance of court approval, subject to a stay if requested by

a party, pending a hearing on exceptions.

Cross reference: See Rule 11-101 (b) concerning application of

the Rules in Title 5 to a disposition hearing.

(g)

Restitution

(1) Generally

As part of a disposition, the court may order that the

respondent, the respondent’s parents, or both pay restitution to

a victim subject to the conditions and limitations as set forth

in Code, Criminal Procedure Article, Title 11, Subtitle 6.

Restitution may not be ordered unless:

(A) the individual ordered to pay is given reasonable

notice that restitution is being sought and of the amount that

is being requested;

(B) the individual is given a fair opportunity to defend

against the request;

(i) the

amount of loss or expense incurred for which restitution is

allowed and (ii) that such loss or expense was the direct result

of the respondent’s delinquent act; and

(D) sufficient evidence is admitted of the individual’s

ability to comply with the restitution order.

Cross reference: Under Code, Courts Article, § 3-8A-28 the

court may enter restitution against the child’s parent, the

child, or both, as provided by Code, Criminal Procedure Article,

Title 11, Subtitle 6. That subtitle sets out the process for

restitution orders. See also In re Ramont K., 305 Md. 482

(1986) and cases cited therein.

(2) Evidence; Burden of Proof

In a hearing to determine whether restitution should be

ordered, a written statement or bill for medical, dental,

hospital, counseling, funeral, or burial expenses is sufficient

evidence of the amount, fairness, and reasonableness of the

charges and the necessity for the services or materials

provided.

An individual who challenges the fairness or

reasonableness of the charges or necessity for the services or

materials has the burden of proving that the amount is not fair

and reasonable.

Source: This Rule is derived in part from former Rule 11-115

(2021) and is in part new.

MARYLAND RULES OF PROCEDURE

TITLE 11 - JUVENILE CAUSES

CHAPTER 400 - DELINQUENCY AND CITATION PROCEEDINGS

AMEND Rule 11-423 by recaptioning section (a); by deleting

the caption to subsection (a)(1); by deleting current section

(b); by adding new section (b); by renumbering subsections

(a)(2) though (a)(4) as (b)(1) though (b)(3), respectively; by

recaptioning subsection (a)(5) as section (c); and by making

stylistic changes, as follows:

Rule 11-423.

(a)

REVISORY POWER; POST-DISPOSITION HEARINGS

Revisory Power Generally

(1) Authority

The court may modify or vacate an order if the court

finds that action to be in the best interest of the respondent

or the public.

(b)

On Motion, Own Initiative, or Recommendation

(2)(1) On Motion

The court may exercise its authority under subsection

(a)(1) of this Rule on motion of any party.

A motion shall

state with particularity the grounds on which the relief is

requested.

The court may grant or deny the relief, in whole or

in part, without a hearing.

(3)(2) Own Initiative

The court may exercise its authority under subsection

(a)(1) of this Rule on its own initiative.

If it proposes to do

so, the court shall notify the parties of its intent and inform

them of the right to respond and request a hearing within 10

days.

The court may not modify or vacate an order earlier than

10 days after the issuance of the notice.

If a timely request

for a hearing is made, the court shall conduct a hearing.

(4)(3) On Recommendation

The court may exercise its authority under subsection

(a)(1) of this Rule on written recommendation to the court by

the appropriate governmental agency exercising supervision or

custody of the respondent.

The governmental agency making the

recommendation shall (A) notify the parties of the

recommendation and provide a copy of the recommendation to the

parties, (B) inform the parties of the right to respond and

request a hearing within 10 days from the date the notice was

sent, and (C) provide a copy of the notice and recommendation to

the court, accompanied by a statement of the date that notice

was sent.

A response or request for a hearing shall be filed

with the clerk.

The court may not act on the recommendation

earlier than 10 days from the date that notice is issued, unless

the parties consent in writing to the entry of an order

implementing the recommendation.

If a timely request for a

hearing is made, the court shall conduct a hearing.

Committee note: This Rule is not intended to preclude a

governmental agency from making a recommendation in writing in

advance of a scheduled hearing or on the record in a court

proceeding.

(5)(c) Commitment to Maryland Department of Health

If the order sought to be modified or vacated committed

the respondent to the Department of Health pursuant to Code,

Courts Article, § 3-8A-19(h), (i), or (j), the court shall

proceed in accordance with those sections.

Cross reference: Code, Courts Article, § 3-8A-19(h) addresses

the commitment of a child to the custody of the Department of

Health for inpatient care and treatment in a State mental

hospital. Subsection (i) of that statute addresses commitment

of a child to the custody of the Department of Health for

inpatient care and treatment in a State mental retardation

facility. Subsection (j) of that statute addresses the

requirement that a commitment order issued under either

subsection (i) or (j) must require the Department of Health to

file certain progress reports.

(b)

Child in Detention

If a child remains in a detention facility for the act

for which the child has been adjudicated delinquent for more

than 25 days after the court has made a disposition pursuant to

Code, Courts Article, §3-8A-19, (1) the court shall conduct a

hearing on the first available court date after the 25th day and

(2) the Department of Juvenile Services shall appear with the

child to explain the reasons for the continued detention.

hearing shall be conducted every 25 days thereafter as long as

the child remains in a facility used for detention.

Source: This Rule is derived in part from former Rule 11-116

(2021) and is in part new.

MARYLAND RULES OF PROCEDURE

TITLE 11 - JUVENILE CAUSES

CHAPTER 400 - DELINQUENCY AND CITATION PROCEEDINGS

AMEND Rule 11-424 by amending section (a) to apply to

proceedings concerning alleged violations of probation, by

deleting a provision in section (c) related to the conduct of

hearings, and by adding new section (d) pertaining to extension

of probation, as follows:

Rule 11-424.

(a)

VIOLATION OF PROBATION

How Initiated

Proceedings for revocation concerning an alleged

violation of probation may be initiated by the court on its own

initiative or by motion.

A motion shall state each condition of

probation that the respondent is alleged to have violated, the

nature of the violation, and the requested relief.

(b)

Show Cause Order

The court shall enter an order directing the respondent

to show cause why the relief should not be granted and setting a

time and date for a hearing.

The clerk shall cause a copy of

the motion, if any, and the show cause order to be served on the

parties.

If the show cause order is issued on the court’s

initiative, the order shall state each condition of probation

that the respondent is alleged to have violated and the nature

of the violation.

(c)

Hearing

The court shall hold a hearing to determine whether a

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

be revoked or modified.

informal manner.

The court may conduct the hearing in an

The respondent shall be given the opportunity

to admit or deny the alleged violations, to testify, to present

witnesses, and to cross-examine the witnesses testifying against

the respondent.

If the respondent is found to be in violation

of any condition of probation, the court shall (1) specify the

condition violated and (2) afford the respondent the

opportunity, personally and through counsel, to make a statement

and to present information in support of or in opposition to any

modification of the existing order.

(d)

Extension of Probation

If the respondent is found to be in violation of a

condition of probation, the court may extend the probation as

permitted by Code, Courts Article, § 3-8A-19.6.

Source: This Rule is derived in part from Rule 4-347 and former

Rule 11-116 (2021) and is in part new.

100

MARYLAND RULES OF PROCEDURE

TITLE 11 – JUVENILE CAUSES

CHAPTER 500 – OTHER PROCEEDINGS

AMEND Rule 11-502 by adding a statement permitting

referral for informal adjustment to subsection (q)(1)(A) and

by altering a reference to Rule 11-423 in section (t), as

follows:

Rule 11-502.

(a)

CHILD IN NEED OF SUPERVISION

Applicability

This Rule governs child in need of supervision

proceedings conducted pursuant to Code, Courts Article, Title

3, Subtitle 8A.

(b)

Definitions

(1) The definitions stated in Code, Courts Article, § 38A-01 apply to this Rule, to the extent relevant.

(2) “CINS petition” means the pleading filed with the court

under Code, Courts Article, § 3-8A-13 alleging that a child is

in need of supervision.

(c)

Confidentiality of Records

The confidentiality provisions stated in Code, Courts

Article, § 3-8A-27 and Title 16, Chapter 900 of the Maryland

Rules apply to court records pertaining to a child who is or

101

was the subject of a proceeding under this Rule.

(d)

Attorney

Rule 11-404 applies with respect to the right to

representation by an attorney at a proceeding under this

Rule.

Cross reference:

(e)

See Code, Courts Article, § 3-8A-20(a).

Taking Child into Custody

Rule 11-405 applies with respect to taking a child into

custody, except that a child alleged to be in need of

supervision may not be placed in detention or community

detention.

(f)

Shelter Care

A child alleged to be in need of supervision may be

placed in shelter care in accordance with the applicable

provisions of Code, Courts Article, § 3-8A-15 and Rule 11406.

(g)

Emergency Medical Treatment

The court may order emergency medical, dental, or

surgical treatment for a child alleged to be in need of

supervision in conformance with Code, Courts Article, § 3-8A21 and Rule 11-417.

(h)

CINS Petition

(1) Who May File

A CINS petition may be filed only by an intake officer.

102

Cross reference:

See Code, Courts Article, § 3-8A-13(b).

(2) Where Filed

The CINS petition shall be filed in the county where the

child resides.

Cross reference:

See Code, Courts Article, § 3-8A-08(a).

(3) When Filed

The CINS petition shall be filed within the applicable

time limits set forth in Code, Courts Article, § 3-8A-10.

Committee note: For administrative proceedings and requirements

prior to the filing of a CINS petition, see Code, Courts

Article, §§ 3-8A-10 and 3-8A-13. A court may dismiss a petition

for failure to comply with the requirements of § 3-8A-10 only if

the child demonstrates actual prejudice. See also In re Keith

G., 325 Md. 538 (1992).

(4) Form and Content

The CINS petition shall be captioned “In the Matter of

. . . . . . .” and shall state:

(A) the name and address of the petitioner and the basis

of the petitioner’s authority to file the petition;

(B) the child’s name, address, and date of birth, and the

name and address of the child’s parent, guardian, or custodian;

supervision;

(D) in clear, simple, and concise language but with

particularity, the facts which constitute the alleged need for

supervision, including the date of the alleged act(s) and, as

103

applicable, any law(s) allegedly violated by the child;

(E) the name of each witness, known at the time the

petition is filed, whom the petitioner intends to call to

testify in support of the petition; and

(F) whether the child is in shelter care and, if so, (i)

when that placement commenced, (ii) whether the child’s parent,

guardian, or custodian has been notified, and (iii) whether the

petitioner is seeking continued shelter care.

(5) Copies

The intake officer shall file with the clerk a

sufficient number of copies of the CINS petition to provide for

service on the parties.

(i)

Summons; Service

Unless the court orders otherwise, the clerk, upon the

filing of the CINS petition, shall promptly issue a summons,

substantially in the form approved by the State Court

Administrator and posted on the Judiciary website, for each

party other than the petitioner.

The summons, together with a

copy of the CINS petition, shall be served in accordance with

Rule 11-107 and shall be returnable as provided in Rule 2-126.

(j)

Subpoenas

The clerk shall issue a subpoena for each witness

requested by a party pursuant to Rule 11-105.

(k)

Initial Appearance Hearing

104

The court may hold an initial hearing to ensure service

and provide notice of the right to counsel in accordance with

Rule 11-412.

(l)

Response to CINS Petition; Admission

A party served with a CINS petition under this Rule may

file a response in conformance with Rule 11-413.

(m)

Amendments

A petition, a motion, or any other paper filed under this

Rule may be amended in accordance with Rule 11-414.

(n)

Study; Examination

The court may direct the Department of Juvenile Services

or another qualified agency to make a study concerning the

child, the child’s family, the child’s environment, and other

matters relevant to the disposition of the case, in accordance

with the applicable provisions of Code, Courts Article, § 3-8A17.

(o)

Discovery

(1) Generally

Without the necessity of a request, the petitioner shall

furnish to the defense (A) all material or information in any

form, whether or not admissible, that is possessed by or is in

the control of the Department of Juvenile Services and that (i)

the petitioner intends to offer into evidence or (ii) tends to

negate the allegations of the petition or mitigate the severity

105

of a disposition, and (B) all written and oral statements of the

child that relate to the allegations of the petition and all

material and information that relate to the acquisition of such

statements.

For good cause, the court may require such other

disclosures and inspections as justice may require.

(2) Matters Not Required to Be Disclosed

Notwithstanding any other provision of this Rule, the

Department of Juvenile Services is not required to disclose (A)

mental impressions, trial strategy, personal beliefs, or other

privileged attorney work product, or (B) any other material or

information if the court finds that its disclosure is not

Constitutionally required and would entail a substantial risk of

harm to any person that outweighs the interest of disclosure.

(3) Time for Completion

To the extent practicable, the disclosure and inspection

of all matters and information required or permitted by this

Rule shall be completed in time to permit its beneficial use at

a hearing in which the material or information may be relevant.

If the material or information is not so disclosed, the court

may grant a continuance or postponement of the hearing to permit

the disclosure or inspection.

(4) Disclosures Not to Be Filed with the Court

Unless otherwise ordered by the court, disclosures made

pursuant to this Rule shall not be filed with the court but may

106

be used at a hearing or as an exhibit to support or oppose a

motion.

(5) Failure to Comply

The failure of a party to comply with a disclosure

obligation does not automatically disqualify a witness from

testifying.

If a motion is filed to disqualify the witness,

disqualification is within the discretion of the court.

(p)

Hearings – Generally

The court shall conduct all hearings in an informal

manner.

The court may exclude the general public from a hearing

and admit only those persons having a direct interest in the

proceeding and their representatives.

Cross reference:

(2).

(q)

See Code, Courts Article, § 3-8A-13(f)(1) and

Adjudicatory Hearing

(1) Requirement; Purpose

(A) After a CINS petition is filed, the court shall hold

an adjudicatory hearing, unless the court refers the matter for

informal adjustment in accordance with Rule 11-420.1.

If the

court refers the matter for informal adjustment, “delinquency

petition” as used in Rule 11-420.1 shall be construed to refer

to a “CINS petition” under this Rule.

(B) The purpose of the hearing is to determine whether the

allegations of the petition, other than allegations that the

107

child requires guidance, treatment, or rehabilitation, are true.

(2) Timing

(A) Unless the parties agree to an earlier date, an

adjudicatory hearing may not be held earlier than 15 days after

the filing of the CINS petition.

(B) If the child is not in shelter care, the hearing shall

be commenced within 60 days after the later of service of the

petition or the entry of appearance of counsel for the child.

shall be commenced within 30 days after the date on which the

court ordered continued shelter care.

If the hearing is not

held within that time, the child shall be released from shelter

care on reasonable conditions set by the court pending an

adjudicatory hearing.

(D) Once commenced, an adjudicatory hearing shall be

completed with a reasonable degree of continuity.

(3) Evidence; Standard of Proof

The petitioner shall present the evidence in support of

the petition and has the burden of proving the allegations of

the petition by a preponderance of the evidence.

(r)

Adjudication; Adjudicatory Order

If the adjudicatory hearing is conducted by a judge, the

judge shall prepare and file a written adjudicatory order

accompanied by a written statement or an oral statement dictated

108

into the record stating (1) a finding whether or to what extent

the petitioner has proved the allegations of the petition, and

(2) the grounds on which the finding is based.

If the hearing

is conducted by a magistrate, the magistrate shall prepare and

file a report in accordance with Rule 11-103 (c) or (d).

(s)

Disposition Hearing and Order

(1) Generally

Unless a CINS petition is dismissed, the court shall

conduct a separate disposition hearing to determine whether the

child is in need of supervision as defined in Code, Courts

Article, § 3-8A-01(e).

(2) Scheduling

The disposition hearing may be held on the same day as

the adjudicatory hearing if notice of the disposition hearing is

waived on the record by all parties.

If the disposition hearing

is not held on the same day as the adjudicatory hearing and the

child is not in shelter care, the disposition hearing shall be

held no later than 30 days after the conclusion of the

adjudicatory hearing.

If the child is in shelter care, the

disposition hearing shall be held no later than 14 days after

the conclusion of the adjudicatory hearing, unless shelter care

is extended in conformance with Code, Courts Article, § 3-8A15(d)(6).

If shelter care is extended, the disposition hearing

shall be held before expiration of the extended shelter care.

109

(3) Priorities in Disposition

The priorities in making a disposition shall be

consistent with the purposes set forth in Code, Courts Article,

§ 3-8A-02.

(4) Procedure

If a judge conducts the hearing, the judge shall enter a

written disposition order and shall either file or announce and

dictate into the record (A) a statement of reasons for any order

that includes placement of the child outside the child’s home,

and (B) a statement of each condition for any probation.

If a

magistrate conducts the hearing, the proceeding shall be in

accordance with Rule 11-103.

(t)

Modification or Vacation of Order

The court may modify or vacate an order if the court

finds that action to be in the best interest of the child or the

public.

The provisions of Rule 11-423 (a) and (b) (b)(1),

(b)(2), (b)(3)(A), and (b)(3)(B) shall apply to a proceeding

under this section.

(u)

Termination of Jurisdiction

The court may enter a final termination of its

jurisdiction in accordance with Rule 11-425.

Source:

This Rule is new.

110

MARYLAND RULES OF PROCEDURE

TITLE 14 – SALES OF PROPERTY

CHAPTER 600 – IN REM FORECLOSURE OF LOCAL GOVERNMENT TAX LIENS

TABLE OF CONTENTS

DIVISION 1 – FORECLOSURE BY COUNTY OR MUNICIPAL CORPORATION

RULE 14-601. APPLICABILITY

RULE 14-602. DEFINITIONS

(a)

(b)

(c)

(d)

Interested Party

Municipal Corporation

Real Property

Tax

RULE 14-603. VENUE [NO AMENDMENTS PROPOSED]

RULE 14-604. IN REM FORECLOSURE OF LOCAL GOVERNMENT TAX LIENS –

COMPLAINT

(a)

(b)

Contents

Exhibits to be Filed

RULE 14-605. PROCESS [NO AMENDMENTS PROPOSED]

RULE 14-606. HEARING

(a)

(b)

(c)

(d)

(e)

Timing

Right to Cure

Conduct of Hearing

Finding

Judgment

DIVISION 2 – FORECLOSURE BY STATE GOVERNMENT

RULE 14-611.

APPLICABILITY

RULE 14-612.

DEFINITIONS

(a)

(b)

Department

Dwelling

111

(c)

(d)

(e)

(f)

Interested Party

Ombudsman

Program

Tax

RULE 14-613.

VENUE

RULE 14-614.

COMPLAINT

RULE 14-615.

PROCESS

RULE 14-616.

HEARING

(a)

(b)

(c)

(d)

(e)

(f)

Timing

Right to Cure

Conduct of Hearing

Finding

Judgment

Post-Judgment Sale

112

MARYLAND RULES OF PROCEDURE

TITLE 14 – SALES OF PROPERTY

CHAPTER 600 – IN REM FORECLOSURE OF LOCAL GOVERNMENT TAX LIENS

DIVISION 1 – FORECLOSURE BY COUNTY OR MUNICIPAL CORPORATION

AMEND Rule 14-601 by replacing the phrase “this Chapter”

with “Division 1 of Chapter 600,” as follows:

Rule 14-601.

APPLICABILITY

The Rules in this Chapter Division 1 of Chapter 600 govern

in rem foreclosure actions filed by a county or municipal

corporation to satisfy delinquent taxes pursuant to Code, Tax-Property Article, §§ 14-873 - 14-876.

Source: This Rule is new.

113

MARYLAND RULES OF PROCEDURE

TITLE 14 – SALES OF PROPERTY

CHAPTER 600 – IN REM FORECLOSURE OF LOCAL GOVERNMENT TAX LIENS

DIVISION 1 – FORECLOSURE BY COUNTY OR MUNICIPAL CORPORATION

AMEND Rule 14-602 by replacing the phrase “this Chapter”

with “Division 1,” as follows:

Rule 14-602.

DEFINITIONS

In the Rules in this Chapter Division 1, the following

definitions apply except as otherwise expressly provided or as

necessary implication requires:

. . .

114

NO AMENDMENTS TO RULE 14-603 ARE PROPOSED

MARYLAND RULES OF PROCEDURE

TITLE 14 – SALES OF PROPERTY

CHAPTER 600 – IN REM FORECLOSURE OF LOCAL GOVERNMENT TAX LIENS

DIVISION 1 – FORECLOSURE BY COUNTY OR MUNICIPAL CORPORATION

Rule 14-603.

VENUE

A complaint for in rem foreclosure shall be commenced in

the circuit court for the county in which the real property is

located.

Source:

This Rule is new.

115

MARYLAND RULES OF PROCEDURE

TITLE 14 – SALES OF PROPERTY

CHAPTER 600 – IN REM FORECLOSURE OF LOCAL GOVERNMENT TAX LIENS

DIVISION 1 – FORECLOSURE BY COUNTY OR MUNICIPAL CORPORATION

AMEND Rule 14-604 by revising the title of the Rule and by

making stylistic changes to section (a), as follows:

Rule 14-604.

IN REM FORECLOSURE OF LOCAL GOVERNMENT TAX LIENS -

COMPLAINT

(a)

Contents

In an in rem foreclosure, the complaint, in addition to

complying with Rules 2-303 through 2-305, shall set forth:

(1) the identity of the county or municipal corporation

seeking foreclosure, including its address;

(2) a description of the real property as it appears in the

county land records;

(3) the tax identification number of the real property;

(4) an averment that the taxes are at least six months

delinquent at the time of filing;

(5) the amount of taxes that are delinquent the tax

delinquency as of the date of filing;

Committee note: A complaint may be amended to include any taxes

that become delinquent after commencement of the in rem

foreclosure action. See Code, Tax--Property Article, § 14875(f).

116

(6) the names name and last known addresses address of each

interested party;

(7) an averment that the real property is either

(A) a vacant lot, or

(B) improved property cited as

(i) vacant and unsafe, or

(ii) unfit for human habitation or other authorized use;

(8) an averment that the value of the real property as

determined in accordance with Code, Tax--Property Article, § 14874(a)(2) is less than the total amount of liens for unpaid

taxes;

(9) a request that the circuit court not schedule a hearing

on the complaint until at least 30 days after the date the

complaint is accepted for filing by the clerk; and

(10) a request for judgment

(A) foreclosing the existing interest of all interested

parties in the real property and

(B) ordering the transfer of ownership of the real

property to the county or municipal corporation.

Cross reference:

14-875(e).

(b)

See Code, Tax--Property Article, §§ 14-874(a),

Exhibits to be Filed

The complaint shall be accompanied by:

117

(1) a certificate of the collector showing the total amount

of tax due with all penalties and interest;

Cross reference:

and 14-869(b).

See Code, Tax--Property Article, §§ 1-101(e)

(2) a copy of a document establishing the value of the real

property in compliance with Code, Tax--Property Article, § 14874(a)(2); and

(3) if applicable, a copy of each violation notice

pertaining to an averment in the complaint that is referenced in

subsection (a)(7)(B) of this Rule.

Cross reference:

875(e)(9).

See Code, Tax--Property Article, § 14-

118

NO AMENDMENTS TO RULE 14-605 ARE PROPOSED

MARYLAND RULES OF PROCEDURE

TITLE 14 – SALES OF PROPERTY

CHAPTER 600 – IN REM FORECLOSURE OF LOCAL GOVERNMENT TAX LIENS

DIVISION 1 – FORECLOSURE BY COUNTY OR MUNICIPAL CORPORATION

Rule 14-605.

PROCESS

Within five days after the complaint is accepted by the

clerk for filing, the county or municipal corporation shall (a)

in compliance with Rule 2-122 (a)(3), cause notice to be posted

in a conspicuous place on the real property subject to the in

rem foreclosure that at a minimum sets forth (1) the name of the

court in which the in rem foreclosure action has been filed and

the case number of the action, (2) that the property is subject

to an action seeking foreclosure, and (3) that further

information about the foreclosure action may be obtained from

the clerk's office, and (b) send notice and a copy of the

complaint to each interested party by first-class mail and

certified mail, postage prepaid, return receipt requested,

bearing a postmark from the United States Postal Service.

Cross reference:

875(d)(2).

Source:

See Code, Tax--Property Article, § 14-

This Rule is new.

119

MARYLAND RULES OF PROCEDURE

TITLE 14 – SALES OF PROPERTY

CHAPTER 600 – IN REM FORECLOSURE OF LOCAL GOVERNMENT TAX LIENS

DIVISION 1 – FORECLOSURE BY COUNTY OR MUNICIPAL CORPORATION

AMEND Rule 14-606 by deleting the word “circuit” from

section (a) and by replacing the word “state” with the phrase

“include a finding” in subsections (e)(1) and (e)(2), as

follows:

Rule 14-606.

(a)

HEARING

Timing

The circuit court shall schedule a hearing for a date no

earlier than 30 days after the date the complaint is accepted

for filing by the clerk.

Cross reference:

(b)

Code, Tax--Property Article, § 14-876.

Right to Cure

Until a judgment foreclosing the tax lien is entered in

favor of the county or municipal corporation, any interested

party may cure the tax lien by paying all past due taxes,

including penalties and interest.

Cross reference: See Code, Tax--Property Article, § 14-804

(unpaid taxes on real property are tax liens) and Code, Tax-Property Article, § 14-875(g).

(c)

Conduct of Hearing

120

Any interested party shall have the right to be heard, to

contest the delinquency of the taxes, and to contest the

adequacy of the proceedings.

Cross reference:

(d)

See Code, Tax--Property Article, § 14-876(b).

Finding

If the court finds by a preponderance of the evidence

that (1) notice has been provided to all interested parties

pursuant to Rule 14-605 and (2) the information set forth in the

complaint is accurate and in compliance with Rule 14-604, the

court shall enter a judgment in favor of the county or municipal

corporation.

Cross reference:

(e)

See Code, Tax--Property Article, § 14-876(c).

Judgment

The judgment shall:

(1) state include a finding that notice has been provided to

all interested parties;

(2) state include a finding that the real property is a

vacant lot or an improved property cited as vacant and unsafe or

unfit for human habitation or other authorized use and that the

value of the real property is shown to be less than the amount

of the unpaid taxes; and

(3) order that ownership of the real property be transferred

to the county or municipal corporation on behalf of which the

complaint was filed.

121

Cross reference:

876(c)(1)-(2).

Source:

See Code, Tax--Property Article, §§ 14-

This Rule is new.

122

MARYLAND RULES OF PROCEDURE

TITLE 14 – SALES OF PROPERTY

CHAPTER 600 – IN REM FORECLOSURE OF LOCAL GOVERNMENT TAX LIENS

DIVISION 2 – FORECLOSURE BY STATE GOVERNMENT

ADD new Rule 14-611, as follows:

Rule 14-611.

APPLICABILITY

The Rules in Division 2 of Chapter 600 govern in rem

foreclosure actions filed by or on behalf of the State

Department of Assessments and Taxation to satisfy delinquent

taxes pursuant to Code, Tax--Property Article, § 14-890.

Source:

This Rule is new.

123

MARYLAND RULES OF PROCEDURE

TITLE 14 – SALES OF PROPERTY

CHAPTER 600 – IN REM FORECLOSURE OF LOCAL GOVERNMENT TAX LIENS

DIVISION 2 – FORECLOSURE BY STATE GOVERNMENT

ADD new Rule 14-612, as follows:

Rule 14-612.

DEFINITIONS

In the Rules in Division 2, the following definitions apply

except as otherwise expressly provided or as necessary

implication requires:

(a)

Department

“Department” means the State Department of Assessments

and Taxation.

Cross reference:

(b)

See Code, Tax--Property Article, § 1-101.

Dwelling

(1) “Dwelling” means:

(A) a house that is:

(i) used as the principal residence of the homeowner;

and

(ii) actually occupied or expected to be actually

occupied by the homeowner for more than six months of a 12-month

period as set forth in Code, Tax--Property Article, § 9-105; and

(B) the lot or curtilage on which the house is erected.

124

(2) “Dwelling” includes:

(A) a condominium unit that is occupied by an individual

who has a legal interest in the condominium;

(B) an apartment in a cooperative apartment corporation

that is occupied by an individual who has a legal interest in

the apartment; and

residential purposes, if the real property is used as a

principal residence by an individual who has a legal interest in

the real property.

Cross reference:

(c)

See Code, Tax--Property Article, § 9-105.

Interested Party

“Interested Party” means:

(1) the person who last appears as owner of the dwelling on

the collector's tax roll;

(2) a mortgagee of the property or an assignee of a

mortgagee of record;

(3) a holder of a beneficial interest in a deed of trust

recorded against the dwelling;

(4) a taxing agency that has the authority to collect tax on

the dwelling; or

(5) any person having a current interest in the real

property whose identity and address are (A) reasonably

125

ascertainable from the county land records or (B) revealed by a

full title search consisting of at least 50 years.

Cross reference:

(d)

See Code, Tax--Property Article, § 14-889.

Ombudsman

“Ombudsman” means the State Tax Sale Ombudsman

established under Code, Tax--Property Article, § 2-112.

(e)

Program

“Program” means the Homeowner Protection Program

established under Code, Tax--Property Article, § 14-883, et seq.

(f)

Tax

“Tax” means any tax or charge of any kind due to the

State or any of its political subdivisions, or to any other

taxing agency, that by law is a lien against the dwelling on

which it is imposed or assessed.

“Tax” includes applicable

interest.

Cross reference: See Code, Tax--Property Article, § 14-801(d).

For the fees and costs permitted to be imposed on a homeowner,

see Code, Tax--Property Article, § 14-889. For the definition

of “other taxing agency,” see Code, Tax--Property Article, § 14801(b).

Source:

This Rule is new.

126

MARYLAND RULES OF PROCEDURE

TITLE 14 – SALES OF PROPERTY

CHAPTER 600 – IN REM FORECLOSURE OF LOCAL GOVERNMENT TAX LIENS

DIVISION 2 – FORECLOSURE BY STATE GOVERNMENT

ADD new Rule 14-613, as follows:

Rule 14-613.

VENUE

A complaint for in rem foreclosure shall be commenced in

the circuit court for the county in which the dwelling is

located.

Source:

This Rule is new.

127

MARYLAND RULES OF PROCEDURE

TITLE 14 – SALES OF PROPERTY

CHAPTER 600 – IN REM FORECLOSURE OF LOCAL GOVERNMENT TAX LIENS

DIVISION 2 – FORECLOSURE BY STATE GOVERNMENT

ADD new Rule 14-614, as follows:

Rule 14-614.

COMPLAINT

In an in rem foreclosure filed by or on behalf of the

Department, the complaint, in addition to complying with Rules

2-303 through 2-305, shall set forth:

(a) the name and address of the Department;

(b) a description of the dwelling as it appears in the

county land records;

(d) an averment from the Ombudsman that:

(1) at least three years have elapsed since the homeowner

first enrolled in the Program;

(2) all reasonable efforts to assist the homeowner to pay

the taxes owed to the Department have failed; and

(3) the homeowner's enrollment in the program was not

cancelled under Code, Tax--Property Article, § 14-886(d);

(e) the amount of delinquent taxes as of the date of filing;

128

(f) the name and last known address of each interested party

and, if applicable, a statement that the address of a particular

interested party is unknown;

(g) a request that the court not schedule a hearing on the

complaint until at least 30 days after the date the complaint is

accepted for filing by the clerk; and

(h) a request for judgment:

(1) foreclosing the existing interests of all interested

parties in the dwelling; and

(2) ordering the dwelling to be sold at public auction.

Cross reference:

See Code, Tax--Property Article, § 14-890(f).

Committee note: A complaint may be amended to include any taxes

that become delinquent after commencement of the in rem

foreclosure action. See Code, Tax--Property Article, § 14890(g).

Source:

This Rule is new.

129

MARYLAND RULES OF PROCEDURE

TITLE 14 – SALES OF PROPERTY

CHAPTER 600 – IN REM FORECLOSURE OF LOCAL GOVERNMENT TAX LIENS

DIVISION 2 – FORECLOSURE BY STATE GOVERNMENT

ADD new Rule 14-615, as follows:

Rule 14-615.

PROCESS

Within five days after the complaint is accepted by the

clerk for filing, the Department or its representative shall (a)

in compliance with Rule 2-122 (a)(3), cause notice to be posted

in a conspicuous place on the dwelling subject to the in rem

foreclosure that sets forth (1) the name of the court in which

the in rem foreclosure action has been filed and the case number

of the action, (2) that the dwelling is subject to an action

seeking foreclosure, and (3) that further information about the

foreclosure action may be obtained from the clerk's office, and

(b) send notice and a copy of the complaint to each interested

party by first-class mail and certified mail, postage prepaid,

return receipt requested, bearing a postmark from the United

States Postal Service.

Cross reference:

890(d)(2).

See Code, Tax--Property Article, § 14-

Source: This Rule is new.

130

MARYLAND RULES OF PROCEDURE

TITLE 14 – SALES OF PROPERTY

CHAPTER 600 – IN REM FORECLOSURE OF LOCAL GOVERNMENT TAX LIENS

DIVISION 2 – FORECLOSURE BY STATE GOVERNMENT

ADD new Rule 14-616, as follows:

Rule 14-616.

(a)

HEARING; JUDGMENT

Timing

The court shall schedule a hearing for a date no earlier

than 30 days after the date the complaint is accepted for filing

by the clerk.

Cross reference:

(b)

Code, Tax--Property Article, § 14-890(i).

Right to Cure

Until a judgment foreclosing the tax lien is entered, any

interested party may cure the tax lien by paying all past due

taxes, including applicable interest.

Cross reference:

(c)

See Code, Tax--Property Article, § 14-890(h).

Conduct of Hearing

Any interested party shall have the right to be heard, to

contest the delinquency of the taxes, and to contest the

adequacy of the proceedings.

Cross reference:

(d)

See Code, Tax--Property Article, § 14-890(j).

Finding

131

If the court finds by a preponderance of the evidence

that (1) notice has been provided to all interested parties

pursuant to Rule 14-615 and (2) the information set forth in the

complaint is accurate and in compliance with Rule 14-614, the

court shall enter judgment.

(e)

Judgment

The judgment shall:

(1) include a finding that notice has been provided to all

interested parties; and

(2) order that the dwelling be sold at public auction.

Cross reference:

(f)

See Code, Tax--Property Article, § 14-890(k).

Post-Judgment Sale

After entry of a judgment ordering the sale of a dwelling

pursuant to this Division, the sale shall be conducted in

accordance with Chapter 300 of this Title.

Cross reference:

See Code, Tax--Property Article, § 14-890(l)-

(p).

Source:

This Rule is new.

132

MARYLAND RULES OF PROCEDURE

TITLE 15 – OTHER SPECIAL PROCEEDINGS

CHAPTER 900 – NAME — CHANGE OF NAME; JUDICIAL DECLARATION OF

GENDER IDENTITY

TABLE OF CONTENTS

RULE 15-901. ACTION FOR CHANGE OF NAME

(a)

(b)

(c)

(d)

(e)

(f)

(g)

Applicability

Venue

Petition

Service of Petition – When Required

Notice

Objection to Petition

Action by Court

(a)

(b)

(c)

(d)

Applicability

Venue

Petition

Minors – Notice to Nonconsenting Parent, Guardian, or

Custodian

Objection to Petition

Action by Court; Hearing

(e)

(f)

RULE 15-902. ACTION FOR JUDICIAL DECLARATION OF GENDER IDENTITY

(a)

(b)

(c)

(d)

Applicability

Venue

Minors – Notice to Nonconsenting Parent, Guardian, or

Custodian

Action by Court; Hearing

133

MARYLAND RULES OF PROCEDURE

TITLE 15 – OTHER SPECIAL PROCEEDINGS

CHAPTER 900 – NAME - CHANGE OF NAME; JUDICIAL DECLARATION OF

GENDER IDENTITY

AMEND Rule 15-901 by changing the Chapter title; by

revising the applicability section of the Rule; by deleting

language pertaining to venue from section (b); by adding new

subsections (b)(1) and (b)(2) pertaining to venue for petitions

by an adult and on behalf of a minor, respectively; by adding

new subsection (c)(1)(B) pertaining to venue; by re-lettering

the subsequent subsections in subsection (c)(1); by altering

subsection (c)(1)(G) to address certain consents to the name

change of a minor; by adding a Committee note pertaining to

confidential information in petitions on behalf of minors; by

altering a cross reference following subsection (c)(1); by

clarifying and adding to the information required by subsection

(c)(1)(H); by adding new subsection (c)(2)(B) pertaining to

written consents to the name change of a minor; by moving

current section (e) to new section (d); by re-captioning section

(d) to pertain to notice to parents, guardians, and custodians

who do not consent to a petition on behalf of a minor; by adding

new subsection (d)(1) pertaining to notice generally; by adding

new subsection (d)(2) pertaining to notice in a language other

134

than English; by adding new subsection (d)(3) pertaining to

documents to be served; by deleting certain provisions in

current section (d) so that service must comply with Rule 2-121;

by deleting current subsection (e)(2) pertaining to publication;

by re-lettering current section (f) as section (e) pertaining to

an objection to a petition; by modifying section (e) pertaining

to failure by a parent, guardian, or custodian to object to a

petition on behalf of a minor; by adding a Committee note

following new section (e) regarding the right to object to a

petition by an adult; by re-lettering current section (g) as

section (f) pertaining to action by the court and hearings; by

creating new subsection (f)(1) with language from current

section (g) pertaining to court action on a petition by an

adult; by adding a Committee note following subsection (f)(1)

regarding the 30-day delay before the court may enter an order

on a petition for a name change for an adult; by adding new

subsection (f)(2) pertaining to court action and hearing

requirements for a petition on behalf of a minor; and by making

stylistic changes, as follows:

Rule 15-901.

(a)

ACTION FOR CHANGE OF NAME

Applicability

135

This Rule applies to actions for change of name other

than in connection with an adoption, or divorce, or declaration

of gender identity.

(b)

Venue

An action for change of name shall be brought in the

county where the person whose name is sought to be changed

resides.

(1) Change of Name of an Adult

An action for change of name of an adult shall be

brought in the county where the adult resides, carries on a

regular business, is employed, habitually engages in a vocation,

or was born.

(2) Change of Name of a Minor

An action for change of name of a minor shall be brought

by an adult petitioner on behalf of the minor in the county

where the minor resides or where a parent, guardian, or

custodian of the minor resides.

(c)

Petition

(1) Contents

The An action for change of name shall be commenced by

filing a petition captioned “In the Matter of ...” [stating the

name of the person individual whose name is sought to be

changed] “for change of name to ...” [stating the change of name

136

desired].

The petition shall be under oath and shall contain at

least the following information:

(A) the name, address, and date and place of birth of the

person individual whose name is sought to be changed;

(B) a statement as to why venue is appropriate;

(B)(C) whether the person individual whose name is sought

to be changed has ever been known by any other name and, if so,

the each name or names and the circumstances under which they

were the name was used;

(C)(D) the change of name desired;

(D)(E) all reasons for the requested change;

(E)(F) a certification that the petitioner is not

requesting the name change for any illegal or fraudulent

purpose;

(F)(G) if the person individual whose name is sought to be

changed is a minor, (i) a statement explaining why the

petitioner believes that the name change is in the best interest

of the minor; (ii) the names and addresses of that person's

parents the name and address of each parent and any guardian or

custodian of the minor; (iii) whether each of those persons

consents to the name change; (iv) whether the petitioner has

reason to believe that any parent, guardian, or custodian is

unfamiliar with the English language and, if so, the language

the petitioner reasonably believes the individual can

137

understand; (v) if the minor is at least ten years old, whether

the minor consents to the name change; and (vi) if the minor is

younger than ten years old, whether the minor objects to the

name change; and

Committee note: If a petition filed on behalf of a minor

contains confidential information pertaining to the minor, the

petitioner may request that the court seal or otherwise limit

inspection of a case record as provided in Rule 16-934.

(G)(H) whether the person individual whose name is sought

to be changed has ever registered or been required to register

as a sexual offender and, if so, the each full name(s) name,

(including suffixes) any suffix, under which the person

individual was registered and each state where the registration

requirement originated.

Cross reference: See Code, Criminal Procedure Article, § 11705, which requires a registered sexual offender whose name has

been changed by order of court to send written notice of the

change to the Department of Public Safety and Correctional

Services each law enforcement unit where the registrant resides

or habitually lives within seven three days after the order is

entered.

(2) Documents to Be Attached to Petition

The petitioner shall attach to the petition:

(A) a copy of a birth certificate or other documentary

evidence from which the court can find that the current name of

the person individual whose name is sought to be changed is as

alleged; and

138

(B) if the individual whose name is sought to be changed

is a minor, (i) the written consent of each parent, guardian,

and custodian of the minor or an explanation why the consent is

not attached, and (ii) the written consent of the minor, if the

minor is at least ten years old.

(d)

Service of Petition – When Required

If the person whose name is sought to be changed is a

minor, a copy of the petition, any attachments, and the notice

issued pursuant to section (e) of this Rule shall be served upon

that person's parents and any guardian or custodian in the

manner provided by Rule 2-121.

When proof is made by affidavit

that good faith efforts to serve a parent, guardian, or

custodian pursuant to Rule 2-121 (a) have not succeeded and that

Rule 2-121 (b) is inapplicable or that service pursuant to that

Rule is impracticable, the court may order that service may be

made by (1) the publication required by subsection (e)(2) of

this Rule and (2) or mailing a copy of the petition, any

attachments, and notice by first class mail to the last known

address of the parent, guardian, or custodian to be served.

(e)

Notice

(1) Issued by Clerk

(d)

Minors – Notice to Nonconsenting Parent, Guardian, or

Custodian

(1) Generally

139

Upon the filing of the a petition for change of name of

a minor, if the written consent of each parent, guardian, and

custodian of the minor was not filed pursuant to subsection

(c)(2)(B) of this Rule, the clerk shall sign and issue a notice

Notice in a form approved by the State Court Administrator that

(A) includes the caption of the action, (B) describes the

substance of the petition and the relief sought, and (C) states

the latest date by which an objection to the petition may be

filed that any objection to the name change shall be filed no

later than 30 days after service of the petition.

(2) Notice or Advisement in Language Other Than English

If the petition states that a nonconsenting parent,

guardian, or custodian may be unfamiliar with the English

language, the clerk also shall either issue the Notice in the

language indicated in the petition or, if the Notice is not

available in the indicated language, attach a Multilingual

Advisement Form approved by the State Court Administrator to the

Notice that was issued in English.

(3) Documents to Be Served

A copy of the following documents shall be served upon

each nonconsenting parent, guardian, or custodian in the manner

provided by Rule 2-121:

(A) the Notice,

(B) the petition,

140

(D) if the petition indicates that the individual to be

served is unfamiliar with the English language, either the

Notice in the indicated language or a Multilingual Advisement

Form attached to the Notice.

(2) Publication

Unless the court on motion of the petitioner orders

otherwise, the notice shall be published one time in a newspaper

of general circulation in the county in which the action was

pending at least fifteen days before the date specified in the

notice for filing an objection to the petition.

The petitioner

shall thereafter file a certificate of publication.

(f)(e)

Objection to Petition

Any person may file an objection to the petition.

The

objection shall be filed within the time specified in the notice

and shall be supported by an affidavit which that sets forth the

reasons for the objection.

The affidavit shall be made on

personal knowledge, shall set forth facts that would be

admissible in evidence, and shall show affirmatively that the

affiant is competent to testify to the matters stated in the

affidavit.

The objection and affidavit shall be served upon the

petitioner in accordance with Rule 1-321.

The petitioner may

file a response within 15 days after being served with the

objection and affidavit.

A parent, guardian, or custodian of a

141

minor who does not file an objection within 30 days after being

served in accordance with section (d) of this Rule shall be

deemed to have consented to the name change of the minor.

person desiring a hearing shall so request in the objection or

response under the heading “Request for Hearing.”

Committee note: Nothing in this Rule is intended to abrogate

the right of a person who learns of a requested name change to

object to the name change where there is personal knowledge of

an illegal or fraudulent purpose or harm to the rights of

others.

(g)(f)

Action by Court; Hearing

(1) Name Change of Adult

After the time for filing objections and responses has

expired, the The court may hold a hearing or may rule on the a

petition to change the name of an adult without a hearing and

shall enter an appropriate order, except that the court shall

not deny the petition without a hearing if one was requested by

the petitioner.

The court may not enter an order earlier than

30 days after the petition was filed.

Committee note: Although there is no publication or other

required notice of a requested name change of an adult, if a

person learns of a requested name change, the 30-day delay in

the entry of an order after the petition is filed affords a

period of time within which an objection could be filed.

(2) Name Change of Minor

The court may hold a hearing or may rule on a petition

to change the name of a minor without a hearing and enter an

appropriate order if (A) the written consent of the minor, if

142

required, has been filed, and (B) each parent, guardian, and

custodian (i) has filed a written consent pursuant to subsection

(c)(2)(B) of this Rule, or (ii) having been served pursuant to

section (d) of this Rule, did not timely file an objection.

all other cases in which a name change of a minor is requested,

the court shall hold a hearing and enter an appropriate order no

earlier than 30 days after all nonconsenting parents, guardians,

or custodians have been served in accordance with section (d) of

this Rule.

Source: This Rule is derived in part from former Rules BH70

through BH75 and is in part new.

143

MARYLAND RULES OF PROCEDURE

TITLE 15 – OTHER SPECIAL PROCEEDINGS

CHAPTER 900 – NAME - CHANGE OF NAME; JUDICIAL DECLARATION OF

GENDER IDENTITY

ADD new Rule 15-902, as follows:

Rule 15-902.

(a)

ACTION FOR JUDICIAL DECLARATION OF GENDER IDENTITY

Applicability

This Rule applies to actions for judicial declaration of

gender identity, with or without a name change.

Committee note: Under certain circumstances, a judicial

declaration of gender identity may be necessary to change an

individual’s gender designation on a birth certificate or to

affirm the individual’s gender identity in legal,

administrative, and other contexts.

Cross reference: See Rule 16-914 (p) concerning inspection of a

case record in an action filed under this Rule. For a change of

name without a judicial declaration of gender identity, see Rule

15-901.

(b)

Venue

(1) Declaration of Gender Identity of an Adult

An action for judicial declaration of gender identity

shall be brought in the county where the adult resides, carries

on a regular business, is employed, habitually engages in a

vocation, or was born.

(2) Declaration of Gender Identity of a Minor

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An action for judicial declaration of gender identity of

a minor shall be brought by an adult petitioner on behalf of the

minor in the county where the minor resides or where a parent,

guardian, or custodian of the minor resides, or where the minor

was born.

(c)

Petition

(1) Contents

An action for judicial declaration of gender identity

shall be commenced by filing a petition captioned “In the Matter

of ...” [stating the name of the individual for whom the

declaration is sought] “for judicial declaration of gender

identity as...” [stating the gender designation desired].

The

petition shall be under oath and shall contain the following

information:

(A) the name, address, and date and place of birth of the

individual for whom the relief requested is sought;

(B) a statement as to why venue is appropriate;

(D) all reasons for the relief requested;

(E) a certification that the petitioner is not requesting

the relief for any illegal or fraudulent purpose; and

(F) if the individual for whom the declaration is sought

is a minor, (i) a statement explaining why the petitioner

believes that the relief requested is in the best interest of

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the minor; (ii) the name and address of each parent and any

guardian or custodian of the minor; (iii) whether each of those

individuals consents to the relief requested; (iv) whether the

petitioner has reason to believe that any parent, guardian, or

custodian is unfamiliar with the English language and, if so,

the language the petitioner reasonably believes the individual

can understand; (v) if the minor is at least ten years old,

whether the minor consents to the relief requested; and (vi) if

the minor is younger than 10 years old, whether the minor

objects to the relief requested.

(2) Change of Name

If the petitioner also requests a name change, the

petition shall include the following information:

(A) whether the individual whose name is sought to be

changed has ever been known by any other name and, if so, each

name and the circumstances under which the name was used;

(B) the change of name desired; and

changed has ever registered or been required to register as a

sexual offender and, if so, each full name, including any

suffix, under which the individual was registered and each state

where the registration requirement originated.

Cross reference: See Code, Criminal Procedure Article, § 11705, which requires a registered sexual offender whose name has

been changed by order of court to send written notice of the

146

change to each law enforcement unit where the registrant resides

or habitually lives within three days after the order is

entered.

(3) Documents to Be Attached to the Petition

The petitioner shall attach to the petition:

(A) if the individual for whom relief is sought is a

minor, (i) the written consents of each parent, guardian, or

custodian of the minor or an explanation why the consent is not

attached, and (ii) the written consent of the minor, if the

minor is at least 10 years old;

(B) any documentation in support of the requested

declaration of gender identity; and

birth certificate or other documentary evidence from which the

court can find that the current name of the person whose name is

sought to be changed is as alleged.

(d)

Minors – Notice to Nonconsenting Parent, Guardian, or

Custodian

(1) Generally

Upon the filing of a petition under this Rule on behalf

of a minor, if the written consent of each parent, guardian, and

custodian of the minor was not filed pursuant to subsection

(c)(2)(B) of this Rule, the clerk shall sign and issue a Notice

in a form approved by the State Court Administrator that (A)

includes the caption of the action, (B) describes the substance

147

of the petition and the relief sought, and (C) states that any

objection to the relief requested shall be filed no later than

30 days after service of the petition.

(2) Notice or Advisement in Language Other Than English

If the petition states that a nonconsenting parent,

guardian, or custodian may be unfamiliar with the English

language, the clerk also shall either issue the Notice in the

language indicated in the petition or, if the Notice is not

available in the indicated language, attach a Multilingual

Advisement Form approved by the State Court Administrator to the

Notice that was issued in English.

(3) Documents to Be Served

A copy of the following documents shall be served upon

each nonconsenting parent, guardian, or custodian in the manner

provided by Rule 2-121:

(A) the Notice,

(B) the petition,

(D) if the petition indicates that the individual to be

served is unfamiliar with the English language, either the

Notice in the indicated language or a Multilingual Advisement

Form attached to the Notice.

(4) Objection to Petition

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A parent, guardian, or custodian of a minor who does not

consent to the relief requested may file an objection no later

than 30 days after being served in accordance with subsection

(d)(3) of this Rule.

The objection shall be supported by an

affidavit that sets forth the reasons for the objection.

The

affidavit shall be made on personal knowledge, shall set forth

facts that would be admissible in evidence, and shall show

affirmatively that the affiant is competent to testify to the

matters stated in the affidavit.

The objection and affidavit

shall be served upon the petitioner in accordance with Rule 1321.

The petitioner may file a response within 15 days after

being served with the objection and affidavit.

A parent,

guardian, or custodian of a minor who does not file an objection

within 30 days after being served in accordance with subsection

(d)(3) of this Rule shall be deemed to have consented to the

relief requested.

(e)

Action by Court; Hearing

(1) Petition Seeking Declaration of Gender Identity of an

Adult

The court may hold a hearing on a petition seeking a

declaration of gender identity of an adult, or may grant the

relief requested without a hearing, and shall enter an

appropriate order, except that the court may not deny any of the

relief requested without a hearing.

149

(2) Petition Filed on Behalf of a Minor

The court may hold a hearing or may grant the relief

requested on a petition filed on behalf of a minor without a

hearing and enter an appropriate order if (A) the written

consent of the minor, if required, has been filed, and (B) each

parent, guardian, and custodian (i) has filed a written consent

pursuant to subsection (c)(3)(A) of this Rule, or (ii) having

been served pursuant to subsection (d)(3) of this Rule, did not

timely file an objection.

In all other cases, the court shall

hold a hearing no earlier than 30 days after all nonconsenting

parents, guardians, or custodians have been served in accordance

with subsection (d)(3) of this Rule and enter an appropriate

order.

To aid the court in evaluating the best interests of the

minor, the court may order further proceedings, which may

include a specific issue evaluation using the procedure set

forth in Rule 9-205.3.

The court may not deny any of the relief

requested without a hearing.

Committee note: Not all individuals identify as cisgender or

transgender or on a binary of male or female. See In re K.L.,

252 Md.App. 148 (2021), citing Grimm v. Gloucester County School

Board, 972 F. 3d 586 (4th Cir. 2020).

Cross reference: See In re K.L., 252 Md.App. 148 (2021); In re

Heilig, 372 Md. 692 (2003); Code, Health General Article, § 4211; and Code, Transportation Article, § 12-305.

Source:

This Rule is new.

150

MARYLAND RULES OF PROCEDURE

TITLE 16 – COURT ADMINISTRATION

CHAPTER 800 – MISCELLANEOUS COURT ADMINISTRATION MATTERS

DELETE Rule 16-805, as follows:

Rule 16-805.

APPOINTMENT OF BAIL BOND COMMISSIONER – LICENSING

AND REGULATION OF PERSONS AUTHORIZED TO WRITE BONDS

A majority of the judges of the circuit courts in any

appellate judicial circuit may appoint a bail bond commissioner,

license persons authorized to write bail bonds within the

appellate judicial circuit, and regulate acceptance of bail

bonds written by those licensees.

Each bail bond commissioner

appointed pursuant to this Rule shall prepare, maintain, and

periodically distribute to all District Court commissioners and

clerks within the jurisdiction of the appellate judicial circuit

for posting in their respective offices, to the State Court

Adminis

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