STANDING COMMITTEE ON RULES OF PRACTICE AND PROCEDURE

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NOTICE OF PROPOSED RULES CHANGES

The Rules Committee has submitted its Two Hundred and

Fifteenth Report to the Supreme Court, recommending amendments

to current Rules 1-101.1, 1-105, 1-325.1, 1-332, 1-333, 2-124,

2-551, 2-623, 2-703, 3-124, 3-632, 3-731, 4-271, 4-333, 4-408,

4-502, 5-201, 6-464, 7-111, 7-509, 8-101, 8-102, 8-111, 8-112,

8-131, 8-201, 8-204, 8-301, 8-302, 8-304, 8-305, 8-402, 8-421,

8-425, 8-432, 8-502, 8-503, 8-504, 8-511, 8-521, 8-522, 8-523,

8-605.1, 8-606, 8-608, 8-611, 9-205.2, 12-211, 15-205, 15-312,

15-1103, 15-1104, 16-101, 16-102, 16-103, 16-104, 16-105, 16106, 16-107, 16-108, 16-109, 16-110, 16-111, 16-201, 16-203, 16204, 16-205, 16-207, 16-208, 16-307, 16-308, 16-401, 16-402, 16403, 16-404, 16-505, 16-601, 16-605, 16-701, 16-702, 16-801, 16802, 16-803, 16-804, 16-806, 16-902, 16-903, 16-911, 16-913, 16917, 16-918, 16-931, 16-932, 16-1001, 16-1002, 16-1003, 17-101,

17-205, 17-206, 17-208, 17-304, 17-401, 17-405, 17-406, 17-603,

18-100.1, 18-100.2, 18-103.15, 18-104.1, 18-203.15, 18-302, 18303, 18-306, 18-307, 18-402, 18-407, 18-408, 18-409.1, 18-411,

18-412, 18-422, 18-428, 18-435, 18-436, 18-437, 18-438, 18-441,

18-442, 18-501, 18-601, 18-602, 18-603, 18-604, 19-101, 19-105,

19-208, 19-212, 19-214, 19-218, 19-219, 19-222, 19-300.1, 19308.1, 19-308.5, 19-402, 19-409, 19-411, 19-501, 19-502, 19-503,

19-603, 19-604, 19-605, 19-606, 19-607, 19-608, 19-610, 19-611,

19-701, 19-702, 19-703, 19-704, 19-705, 19-706, 19-707, 19-709,

19-712, 19-717.1, 19-721, 19-722, 19-723, 19-724, 19-725, 19727, 19-728, 19-731, 19-732, 19-733, 19-735, 19-736, 19-737, 19738, 19-739, 19-740, 19-741, 19-742, 19-743, 19-751, 19-752, 19761, 19-801, 20-101, 20-102,

20-103, 20-104, 20-109, 20-201,

20-402, 20-502, and 20-503.

The Committee’s Two Hundred and Fifteenth Report and the

proposed Rules changes are set forth below.

Interested persons are asked to consider the Committee’s

Report and proposed Rules changes and to forward on or before

March 13, 2023 any written comments they may wish to make to

rules@mdcourts.gov or:

Sandra F. Haines, Esquire

Reporter, Rules Committee

Judiciary A-POD

580 Taylor Avenue

Annapolis, Maryland

21401

Greg Hilton

Clerk

Supreme Court of Maryland

THE SUPREME COURT OF MARYLAND

STANDING COMMITTEE ON RULES OF PRACTICE AND PROCEDURE

Hon. ALAN M. WILNER, Chair

Hon. DOUGLAS R.M. NAZARIAN, Vice Chair

SANDRA F. HAINES, Reporter

COLBY L. SCHMIDT, Deputy Reporter

HEATHER COBUN, Assistant Reporter

MEREDITH A. DRUMMOND, Assistant Reporter

Judiciary A-POD

580 Taylor Avenue

Annapolis, Maryland 21401

(410) 260-3630

EMAIL:

rules@mdcourts.gov

February 10, 2023

The Honorable Matthew J. Fader,

Chief Justice

The Honorable Shirley M. Watts

The Honorable Michele D. Hotten

The Honorable Brynja M. Booth

The Honorable Jonathan Biran

The Honorable Steven B. Gould

The Honorable Angela M. Eaves,

Justices

The Supreme Court of Maryland

Robert C. Murphy Courts of Appeal Building

Annapolis, Maryland 21401

Your Honors:

The Rules Committee submits this, its Two Hundred and

Fifteenth Report, and recommends that the Court adopt the

amendments to existing Rules transmitted with this Report.

This Report has one non-substantive purpose, and that is to

further implement the recently adopted amendments to the

Maryland Constitution changing the names of the State’s two

appellate courts to the Supreme Court of Maryland and the

Appellate Court of Maryland, respectively, by deleting all

obsolete references in the Rules to the former names of those

Courts – the Court of Appeals and the Court of Special Appeals –

and substituting the new proper names of those Courts.

After a review of all of the current Rules, the Committee

has identified more than 200 Rules that make reference to the

former names of the Courts or to the judicial members of the

Supreme Court as “judges,” rather than “Justices.” Many of the

Rules require multiple specific amendments to correct all of the

obsolete references. A few of those references are corrected in

conjunction with the substantive proposals transmitted with the

Two Hundred and Fourteenth Report. The majority of the

corrections are transmitted with this Report.

For the further guidance of the Court and the public,

following the proposed amendments to Rule 1-101.1 is a

Reporter’s note describing in further detail the reasons for the

proposals in this Report. We caution that the Reporter’s note

is not part of the Rules, has not been debated or approved by

the Committee, and is not to be regarded as any kind of official

comment or interpretation. It is included solely to assist the

Court in understanding some of the reasons for the proposed

changes.

Respectfully Submitted,

/ s /

Alan M. Wilner

Chair

AMW:sdm

cc: Gregory Hilton, Clerk

Rule 29/8/2022 R.C. approved

RULE 1-101.1

MARYLAND RULES

TITLE 1 – GENERAL PROVISIONS

CHAPTER 100 – APPLICABILITY AND CITATION

AMEND Rule 1-101.1 by deleting the last sentence of the

Committee note following section (b), as follows:

Rule 1-101.1.

(a)

NAMES OF APPELLATE COURTS; RULES OF CONSTRUCTION

Generally

From and after December 14, 2022, any reference in these

Rules or, in any proceedings before any court of the Maryland

Judiciary, any reference in any statute, ordinance, or

regulation applicable in Maryland to the Court of Appeals of

Maryland shall be deemed to refer to the Supreme Court of

Maryland, and any reference to the Court of Special Appeals of

Maryland shall be deemed to refer to the Appellate Court of

Maryland.

Unless otherwise specified, any reference in these

Rules to the Supreme Court shall be deemed to refer to the

Supreme Court of Maryland, and any reference in these Rules to

the Appellate Court shall be deemed to refer to the Appellate

Court of Maryland.

(b)

Terminology – Appellate Court

In these Rules, wherever the term appellate court appears

with initial capital letters (“Appellate Court”), the term means

RULE 1-101.1

the Appellate Court of Maryland.

Wherever the term appellate

court appears with lower case initial letters (“appellate

court”), the term, as applicable under the circumstances, may

refer to any court that is exercising appellate jurisdiction.

Committee note: By 2021 Maryland Laws, Chapters 82 and 83, the

General Assembly proposed amendments to the Maryland

Constitution to change the name of the Court of Appeals of

Maryland to the Supreme Court of Maryland and to change the name

of the Court of Special Appeals of Maryland to the Appellate

Court of Maryland. On December 14, 2022, the Governor certified

that those amendments were adopted by the voters in the 2022

general election and took effect as of the date of his

certification. There are hundreds of references to the former

names of those courts throughout the Maryland Rules, and the

process of updating those references to conform to this Rule is

underway.

Source:

This Rule is new.

REPORTER’S NOTE

By 2021 Maryland Laws, Chapters 82 and 83, the General

Assembly proposed amendments to the Maryland Constitution to

change the name of the Court of Appeals of Maryland to the

Supreme Court of Maryland and to change the name of the Court of

Special Appeals of Maryland to the Appellate Court of Maryland.

Additionally, the proposed constitutional amendments changed the

name of a Judge of the Court of Appeals to a Justice of the

Supreme Court of Maryland and changed the name of the Chief

Judge of the Court of Appeals to the Chief Justice of the

Supreme Court of Maryland. On December 14, 2022, the Governor

issued a proclamation that those amendments had been ratified by

the voters in the 2022 general election, to take effect on the

date of his proclamation.

In Rule 1-101.1, the last sentence of the Committee note

following section (b) is proposed to be deleted. The Rules

revisions necessitated by the amendment to the Maryland

Constitution changing the names of the Court of Appeals and

Court of Special Appeals to the Supreme Court and Appellate

RULE 1-101.1

Court have been completed and are being submitted to the Supreme

Court contemporaneously with the proposed amendment to Rule 1101.1, rendering that sentence obsolete.

To reflect the changes to the Maryland Constitution

referenced above, throughout the Rules, each reference to “Court

of Appeals” has been replaced with “Supreme Court,” and each

reference to “Court of Special Appeals” has been replaced with

“Appellate Court.” References to the “Chief Judge” or a “judge”

of the Court of Appeals are replaced with references to the

“Chief Justice” or a “Justice” of the Supreme Court.

By Rules Order dated December 15, 2022, the definition of

“judge” in Rule 1-202 (n) was amended to read:

(n)

Judge

“Judge” means a judge of a court of this

State and refers, as applicable under the

circumstances, to a judge of the court (1) to

which the Title, Chapter, or Rule applies or (2)

in which the particular action or proceeding has

been filed or properly could be filed. Subject

to those conditions, “judge” includes a Justice

of the Supreme Court of Maryland.

In light of this definition, if a reference to an individual

applies to a Justice of the Supreme Court and to a judge of

another court, the term “judge” is used to encompass both

unless, in the interest of clarity, it was determined that the

reference should include both “Justice” and “judge.”

To avoid confusion between references to the Supreme Court

of Maryland and references to the Supreme Court of the United

States, in each instance in the Rules where the U.S. Supreme

Court is referenced, the Rule has been revised to refer to that

Court as the “Supreme Court of the United States.”

The nomenclature changes set forth in the constitutional

amendments necessitated changes to one Title name and several

Chapter names in the Maryland Rules. Title and Chapter names

are revised as follows:

• Title 8, “Appellate Review in the Court of Appeals and

Court of Special Appeals,” is updated to “Appellate

Review in the Supreme Court and the Appellate Court.”

• Title 8, Chapter 200, “Obtaining Review in Court of

Special Appeals,” is updated to “Obtaining Review in

the Appellate Court.”

RULE 1-101.1

•

Title 8, Chapter 300, “Obtaining Appellate Review in

Court of Appeals,” is updated to “Obtaining Review in

the Supreme Court.”

Title 16, Chapter 1000, “Emergency Powers of Chief

Judge of Court of Appeals,” is updated to “Emergency

Powers of the Chief Justice of the Supreme Court.”

Title 17, Chapter 400, “Proceedings in the Court of

Special Appeals,” is updated to “Proceedings in the

Appellate Court.”

Because not every Rule in the Titles and Chapters

referenced above requires an amendment due to the constitutional

nomenclature changes, revisions to the names of the Title and

Chapters are presented in the form of amended Tables of Contents

of Title 8, Title 16, and Title 17.

In addition, in Title 19, a necessary change is made to a

Division heading in Chapter 700. “Dispositions by Court of

Appeals” is updated to “Dispositions by the Supreme Court.”

This change is presented in the form of an amended Table of

Contents of Title 19, Chapter 700.

RULE 1-105

MARYLAND RULES OF PROCEDURE

TITLE 1 – GENERAL PROVISIONS

CHAPTER 100 – APPLICABILITY AND CITATION

AMEND Rule 1-105 by replacing “Court of Appeals and the

Court of Special Appeals” with “Supreme Court, the Appellate

Court, or either of those Courts under their former names” in

section (a) and the Committee note following section (a); by

replacing “Court of Appeals” with “Supreme Court” in the

Committee note following section (a), section (b), the Committee

note following section (b), and subsections (c)(1), (c)(2)(A),

(c)(2)(B), and (c)(3)(B); by replacing “Court of Special

Appeals” with “Appellate Court” in the cross reference following

section (a) and in subsections (c)(1), (c)(2)(A), and (c)(2)(B);

by correcting a cross reference; and by making stylistic

changes, as follows:

Rule 1-105.

OFFICIAL RECORD OF MARYLAND RULES AND APPELLATE

DECISIONS

(a)

Applicability; Definitions

This Rule applies to decisions of the Court of Appeals

and the Court of Special Appeals Supreme Court, the Appellate

Court, or either of those Courts under their former names and to

the Maryland Rules of Procedure.

In this Rule, (1) “decision”

RULE 1-105

means an opinion or order of the Court of Appeals or Court of

Special Appeals Supreme Court, the Appellate Court, or either of

those Courts under their former names, (2) “MDEC action” has the

meaning stated in Rule 20-101, and (3) the definitions in Code,

State Government Article, § 10-1601 shall apply.

Committee note: Code, State Government Article, §§ 10-1601

through 10-1611 deal with “legal material,” which includes the

Maryland Rules and reported decisions of the Court of Appeals

and Court of Special Appeals Supreme Court, the Appellate Court,

or either of those Courts under their former names. The word

“decision” is not defined in the statute. In relevant part, the

statute declares the Court of Appeals Supreme Court to be the

official publisher of the Maryland Rules and reported decisions

of the two appellate courts. As such, the statute requires the

court to determine whether the official record of those

documents is to be the electronic version or the paper version

of that legal material, and, if it determines the electronic

version to be the official record, to assure the authenticity,

preservation, and security of the documents. Because there

should be no difference between what constitutes the official

record of reported and unreported decisions, this Rule applies

to both.

Cross reference: See Rule 8-605.1, concerning designation for

reporting of opinions of the Court of Special Appeals Appellate

Court.

(b)

Maryland Rules

The official record of the Maryland Rules is the paper

record maintained by the Clerk of the Court of Appeals Supreme

Court pursuant to Rule 16-802.

The paper or electronic version

of a Rule posted on the Judiciary website or contained in a

published codification of the Maryland Rules approved by the

Court of Appeals Supreme Court may be cited in accordance with

Rule 1-103 as evidence of the text of the Rule.

RULE 1-105

Committee note: The Maryland Rules of Procedure maintained by

the Clerk of the Court of Appeals Supreme Court consists of

multiple bound volumes of the Rules Orders issued by the Court,

together with the text of the Rules adopted in those Orders.

They constitute the most authoritative version of the Rules, as

adopted in those Orders. Those volumes do not constitute a code

of the Rules, however, but are comparable to the Session Laws

enacted by the General Assembly, and, where Rules have been

amended or repealed, may not constitute a practical source for

determining the current or former version of any particular

Rule. That is why the text of a Rule as it appears on the

Judiciary website or in published codified form approved by the

Court of Appeals, Supreme Court may be cited as evidence of the

Rule. In the event of any dispute regarding the accuracy of the

online or codified version, the text of the Rule as it appears

in the relevant Rules Order(s) will prevail. Compare Code,

Courts Article, § 10-201.

(c)

Decisions

(1) In a Non-MDEC Action

The official record of a decision of the Court of

Appeals Supreme Court or the Court of Special Appeals Appellate

Court in a non-MDEC action is the paper slip opinion or order

filed with the Clerk of that Court.

The decision may be cited

as provided in subsection (c)(3) of this Rule.

(2) In an MDEC Action

(A) The official record of a decision of the Court of

Appeals Supreme Court or the Court of Special Appeals Appellate

Court in an MDEC action shall be the electronic record of the

decision filed in the MDEC system.

(B) Notwithstanding the provisions of Rule 20-301, prior

to July 1, 2018, the official record of a decision of the Court

of Appeals Supreme Court or the Court of Special Appeals

RULE 1-105

Appellate Court shall be the paper slip opinion or order filed

with the Clerk of that Court.

Regardless of whether the

official record of a decision in an MDEC action is in electronic

or paper form, the decision may be cited as provided in

subsection (c)(3) of this Rule.

Cross reference:

20-201 20-101.

For the definition of “MDEC action,”, see Rule

(3) Citation of Decisions

(A) A decision as reported in the Maryland Reports or the

Maryland Appellate Reports may be cited as evidence of the text

of the decision.

The citation shall state the name of the case,

the year of the decision, and the volume and page number of the

Maryland Reports or Maryland Appellate Reports in which the

decision appears.

(B) Subject to Rule 1-104, a decision that is published in

any other commercial or governmental publication approved by the

Court of Appeals Supreme Court may be cited as evidence of the

text of the decision, provided that, if the decision also has

been reported in the Maryland Reports or Maryland Appellate

Reports, the citation also shall contain the volume and page

number of the Maryland Reports or Maryland Appellate Reports in

which it appears.

not yet been, reported in the Maryland Reports or the Maryland

RULE 1-105

Appellate Reports, the decision may be cited as it appears on

the Judiciary website.

Cross reference: See Md. Constitution, Art. IV, § 16 and Code,

Courts Article, §§ 13-201 through 13-204 regarding the reporting

of appellate decisions.

Source:

This Rule is new.

RULE 1-325.1

MARYLAND RULES OF PROCEDURE

TITLE 1 – GENERAL PROVISIONS

CHAPTER 300 – GENERAL PROVISIONS

AMEND Rule 1-325.1 by replacing “Court of Appeals” with

“Supreme Court” in section (a) and subsections (b)(1),

(c)(1)(B), and (c)(2)(C); by replacing “Court of Special

Appeals” with “Appellate Court” in section (a) and subsection

(b)(1); and by making stylistic changes, as follows:

Rule 1-325.1.

WAIVER OF PREPAID APPELLATE COSTS IN CIVIL

ACTIONS

(a)

Scope

This Rule applies (1) to an appeal from an order or

judgment of the District Court or an orphans' court to a circuit

court in a civil action, and (2) to an appeal as defined in

subsection (b)(1) of this Rule seeking review in the Court of

Appeals Supreme Court or the Court of Special Appeals Appellate

Court of an order or judgment of a lower court in a civil

action.

(b)

Definitions

In this Rule, the following definitions apply:

(1) Appeal

“Appeal” means an appeal, an application for leave to

appeal to the Court of Special Appeals Appellate Court, and a

RULE 1-325.1

petition for certiorari or other extraordinary relief filed in

the Court of Appeals Supreme Court.

(2) Clerk

“Clerk” includes a Register of Wills.

(3) Prepaid Costs

“Prepaid costs” means (A) the fee charged by the clerk

of the lower court for assembling the record, (B) the cost of

preparation of a transcript in the District Court, if a

transcript is necessary to the appeal, and (C) the filing fee

charged by the clerk of the appellate court.

Cross reference: See the schedule of appellate court fees

following Code, Courts Article, § 7-102 and the schedule of

circuit court fees following Code, Courts Article, § 7-202.

(c)

Waiver

(1) Generally

Waiver of prepaid costs under this Rule shall be

governed generally by section (d) or (e) of Rule 1-325, as

applicable, except that:

(A) the request for waiver of both the lower and appellate

prepaid costs shall be filed in the lower court with the notice

of appeal;

(B) a request to waive prepayment of the fee for filing a

petition for certiorari or other extraordinary relief in the

Court of Appeals Supreme Court shall be filed in, and determined

by, that Court;

RULE 1-325.1

shall be determined in the lower court;

(D) waiver of the appellate court filing fee shall be

determined by the appellate court, but the appellate court may

rely on a waiver of the fee for assembling the record ordered by

the lower court;

(E) both fees shall be waived if (i) the appellant

received a waiver of prepaid costs under section (d) of Rule 1325 (d) and will be represented in the appeal by an eligible

attorney under that section, (ii) the attorney certifies that

the appellant remains eligible for representation in accordance

with Rule 1-325 (d), and (iii) except for an attorney employed

or appointed by the Office of the Public Defender in a civil

action in which that Office is required by statute to represent

the party, the attorney further certifies that to the best of

the attorney's knowledge, information, and belief there is good

ground to support the appeal and it is not interposed for any

improper purpose or delay; and

(F) if the appellant received a waiver of prepaid costs

under section (e) of Rule 1-325 (e), the lower court and

appellate court may rely on a supplemental affidavit of the

appellant attesting that the information supplied in the

affidavit provided under Rule 1-325 (e) remains accurate and

RULE 1-325.1

that there has been no material change in the appellant's

financial condition or circumstances.

(2) Procedure

(A) If an appellant requests the waiver of the prepaid

costs in both the lower and appellate courts, the lower court,

within five days after the filing of the request, shall act on

the request for waiver of its prepaid cost and transmit to the

appellate court the request for waiver of the appellate court

prepaid cost, together with a copy of the request and order

regarding the waiver of the lower court prepaid cost.

(B) The appellate court shall act on the request for the

waiver of its prepaid cost within five business days after

receipt of the request from the lower court.

for the waiver of its prepaid cost, it shall permit the

appellant, within 10 days, to pay the unwaived prepaid cost.

If, within that time, the appellant pays the full amount of the

unwaived prepaid cost, the appeal shall be deemed to have been

filed on the day the request for waiver was filed in the lower

court or, as to a petition for certiorari or other extraordinary

relief, in the Court of Appeals Supreme Court.

If the unwaived

prepaid costs are not paid in full within the time allowed, the

court shall enter an order dismissing the appeal.

Source:

This Rule is new.

RULE 1-332

MARYLAND RULES OF PROCEDURE

TITLE 1 – GENERAL PROVISIONS

CHAPTER 300 – GENERAL PROVISIONS

AMEND Rule 1-332 by replacing “Court of Appeals” with

“Supreme Court” in subsection (b)(1), as follows:

Rule 1-332.

ACCOMMODATION UNDER THE AMERICANS WITH DISABILITIES

ACT

. . .

(b)

Accommodation Under the ADA

(1) Notification of Need for Accommodation

A person requesting an accommodation under the ADA, for

an attorney, a party, a witness, a victim, a juror, or a

prospective juror shall notify the court promptly.

To the

extent practicable, a request for an accommodation shall be (1)

presented on a form approved by administrative order of the

Court of Appeals Supreme Court and available from the clerk of

the court and on the Judiciary website and (2) submitted not

less than 30 days before the proceeding for which the

accommodation is requested.

. . .

RULE 1-333

MARYLAND RULES OF PROCEDURE

TITLE 1 – GENERAL PROVISIONS

CHAPTER 300 – GENERAL PROVISIONS

AMEND Rule 1-333 by replacing “Chief Judge of the Court of

Appeals” with “Chief Justice of the Supreme Court” in subsection

(a)(5), as follows:

Rule 1-333.

(a)

COURT INTERPRETERS

Definitions

In this Rule, the following definitions apply except as

otherwise expressly provided or as necessary implication

requires:

. . .

(5) Proceeding

“Proceeding” means (A) any trial, hearing, argument on

appeal, or other matter held in open court in an action, and (B)

an event not conducted in open court that is in connection with

an action and is in a category of events for which the court is

required by Administrative Order of the Chief Judge of the Court

of Appeals Chief Justice of the Supreme Court to provide an

interpreter for an individual who needs an interpreter.

. . .

RULE 2-124

MARYLAND RULES OF PROCEDURE

TITLE 2 – CIVIL PROCEDURE – CIRCUIT COURT

CHAPTER 100 – COMMENCEMENT OF ACTION AND PROCESS

AMEND Rule 2-124 by replacing “Court of Appeals” with

“Supreme Court” in sections (j) and (k), as follows:

Rule 2-124.

PROCESS—PERSONS TO BE SERVED

. . .

(j)

State of Maryland

Service is made upon the State of Maryland by serving the

Attorney General or an individual designated by the Attorney

General in a writing filed with the Clerk of the Court of

Appeals Supreme Court.

In any action attacking the validity of

an order of an officer or agency of this State not made a party,

the officer or agency shall also be served.

(k)

Officer or Agency of the State of Maryland

Service is made on an officer or agency of the State of

Maryland by serving (1) the resident agent designated by the

officer or agency, or (2) the Attorney General or an individual

designated by the Attorney General in a writing filed with the

Clerk of the Court of Appeals Supreme Court.

If service is made

on the Attorney General or a designee of the Attorney General

and the officer or agency is not ordinarily represented by the

RULE 2-124

Attorney General, the Attorney General or designee promptly

shall forward the process and papers to the appropriate officer

or agency.

. . .

RULE 2-551

MARYLAND RULES OF PROCEDURE

TITLE 2 – CIVIL PROCEDURE – CIRCUIT COURT

CHAPTER 500 – TRIAL

AMEND Rule 2-551 by replacing “Court of Special Appeals”

with “Appellate Court” in section (h), as follows:

Rule 2-551.

IN BANC REVIEW

. . .

(h)

Further Review

Any party who seeks and obtains review under this Rule

has no further right of appeal.

The decision of the panel does

not preclude an appeal to the Court of Special Appeals Appellate

Court by an opposing party who is otherwise entitled to appeal.

Source: This Rule is new, is consistent with Md. Const., Art.

IV, § 22, and replaces former Rule 510.

RULE 2-623

MARYLAND RULES OF PROCEDURE

TITLE 2 – CIVIL PROCEDURE – CIRCUIT COURT

CHAPTER 600 – JUDGMENT

AMEND Rule 2-623 by replacing “Court of Appeals” with

“Supreme Court” and “Court of Special Appeals” with “Appellate

Court” in subsection (a)(1), as follows:

Rule 2-623.

RECORDING OF A JUDGMENT OF ANOTHER COURT AND

DISTRICT COURT NOTICE OF LIEN

(a)

Judgment of Another Court

(1) Generally

Subject to subsection (a)(2) of this Rule, upon

receiving a copy of a judgment of another court, certified or

authenticated in accordance with these Rules or statutes of this

State, or of the United States, the clerk shall record and index

the judgment if it was entered by (A) the Court of Appeals

Supreme Court, (B) the Court of Special Appeals Appellate Court,

United States, or (E) any other court whose judgments are

entitled to full faith and credit in this State.

Upon recording

a judgment received from a person other than the clerk of the

court of entry, the receiving clerk shall notify the clerk of

the court of entry.

. . .

RULE 2-703

MARYLAND RULES OF PROCEDURE

TITLE 2 – CIVIL PROCEDURE – CIRCUIT COURT

CHAPTER 700 – CLAIMS FOR ATTORNEYS’ FEES AND RELATED EXPENSES

AMEND Rule 2-703 by replacing “Court of Appeals” with

“Supreme Court” in the Committee note following subsection

(f)(3)(L) and by making stylistic changes, as follows:

Rule 2-703.

ATTORNEYS’ FEES ALLOWED BY LAW

. . .

(f)

Determination of Award

(1) If No Award Permitted

. . .

(3) Factors to Be Considered

. . .

(L) awards in similar cases.

Committee note: The factors listed in subsection (f)(3) of this

Rule have been approved by the Court of Appeals Supreme Court in

statutory fee-shifting cases, where the “lodestar method” is

applied in determining an award. See Monmouth Meadows v.

Hamilton, 416 Md. 325, 333-34 (2010). See Rule 2-705 (f) for

the factors to be applied in contractual fee-shifting actions.

. . .

RULE 3-124

MARYLAND RULES OF PROCEDURE

TITLE 3 – CIVIL PROCEDURE – DISTRICT COURT

CHAPTER 100 – COMMENCEMENT OF ACTION AND PROCESS

AMEND Rule 3-124 by replacing “Court of Appeals” with

“Supreme Court” in sections (j) and (k), as follows:

Rule 3-124.

PROCESS—PERSONS TO BE SERVED

. . .

(j)

State of Maryland

Service is made upon the State of Maryland by serving the

Attorney General or an individual designated by the Attorney

General in a writing filed with the Clerk of the Court of

Appeals Supreme Court.

In any action attacking the validity of

an order of an officer or agency of this State not made a party,

the officer or agency shall also be served.

(k)

Officer or Agency of the State of Maryland

Service is made on an officer or agency of the State of

Maryland by serving (1) the resident agent designated by the

officer or agency, or (2) the Attorney General or an individual

designated by the Attorney General in a writing filed with the

Clerk of the Court of Appeals Supreme Court.

If service is made

on the Attorney General or a designee of the Attorney General

and the officer or agency is not ordinarily represented by the

RULE 3-124

Attorney General, the Attorney General or designee promptly

shall forward the process and papers to the appropriate officer

or agency.

. . .

RULE 3-632

MARYLAND RULES OF PROCEDURE

TITLE 3 – CIVIL PROCEDURE – DISTRICT COURT

CHAPTER 600 – JUDGMENT

AMEND Rule 3-632 by replacing “Court of Special Appeals”

with “Appellate Court” in section (d), as follows:

Rule 3-632.

STAY OF ENFORCEMENT

. . .

(d)

Pending Appeal

Except as provided in this section and in section (e) of

this Rule, a stay pending appeal is governed by the procedures

set forth in Rules 8-422 through 8-424.

References in those

Rules to the Court of Special Appeals Appellate Court shall be

regarded as references to the circuit court having jurisdiction

of the appeal.

If the court determines that because of the

nature of the action enforcement of the judgment should not be

stayed by the filing of a supersedeas bond or other security, it

may enter an order denying a stay or permitting a stay only on

the terms stated in the order.

. . .

RULE 3-731

MARYLAND RULES OF PROCEDURE

TITLE 3 – CIVIL PROCEDURE – DISTRICT COURT

CHAPTER 700 – SPECIAL PROCEEDINGS

AMEND Rule 3-731 by replacing “Chief Judge of the Court of

Appeals” with “Chief Justice of the Supreme Court” in section

(b), as follows:

Rule 3-731.

PEACE ORDERS

. . .

(b)

Form of Petition

A petition for relief under the statute shall be

substantially in the form approved by the State Court

Administrator and the Chief Judge of the Court of Appeals Chief

Justice of the Supreme Court, posted on the judiciary website,

and available in the offices of the clerks of the District

Court.

. . .

RULE 4-271

MARYLAND RULES OF PROCEDURE

TITLE 4 – CRIMINAL CAUSES

CHAPTER 200 – PRETRIAL PROCEDURES

AMEND Rule 4-271 by replacing “Chief Judge of the Court of

Appeals” with “Chief Justice of the Supreme Court” and “Judge”

with “Justice” in subsection (a)(2), as follows:

Rule 4-271.

(a)

TRIAL DATE

Trial Date in Circuit Court

(1) The date for trial in the circuit court shall be set

within 30 days after the earlier of the appearance of counsel or

the first appearance of the defendant before the circuit court

pursuant to Rule 4-213, and shall be not later than 180 days

after the earlier of those events.

When a case has been

transferred from the District Court because of a demand for jury

trial, and an appearance of counsel entered in the District

Court was automatically entered in the circuit court pursuant to

Rule 4-214 (a), the date of the appearance of counsel for

purposes of this Rule is the date the case was docketed in the

circuit court.

On motion of a party, or on the court's

initiative, and for good cause shown, the county administrative

judge or that judge's designee may grant a change of a circuit

court trial date.

If a circuit court trial date is changed, any

RULE 4-271

subsequent changes of the trial date may be made only by the

county administrative judge or that judge's designee for good

cause shown.

(2) Upon a finding by the Chief Judge of the Court of

Appeals Chief Justice of the Supreme Court that the number of

demands for jury trial filed in the District Court for a county

is having a critical impact on the efficient operation of the

circuit court for that county, the Chief Judge Justice, by

Administrative Order, may exempt from this section cases

transferred to that circuit court from the District Court

because of a demand for jury trial.

. . .

RULE 4-333

MARYLAND RULES OF PROCEDURE

TITLE 4 – CRIMINAL CAUSES

CHAPTER 300 – TRIAL AND SENTENCING

AMEND Rule 4-333 by replacing “Court of Appeals” with

“Supreme Court” and “Court of Special Appeals” with “Appellate

Court” in section (b) and the Committee note following section

(b) and by making a stylistic change, as follows:

Rule 4-333.

MOTION TO VACATE JUDGMENT OF CONVICTION OR

PROBATION BEFORE JUDGMENT

. . .

(b)

Filing

The motion shall be filed in the criminal action in which

the judgment of conviction or probation before judgment was

entered.

If the action is then pending in the Court of Appeals

Supreme Court or Court of Special Appeals Appellate Court, that

Court may stay the appeal and remand the case to the trial court

for it to consider the State's Attorney's motion.

Committee note: Code, Criminal Procedure Article, § 8-301.1(a)

permits the State's Attorney to file the motion “at any time

after the entry of a probation before judgment or judgment of

conviction,” and permits “the court with jurisdiction over the

case” to act on it. If an appeal is pending in the Court of

Appeals Supreme Court or Court of Special Appeals Appellate

Court when the motion is filed, that Court would have

jurisdiction over the case but no practical ability to take

evidence with regard to the State's Attorney motion. If the

appeal is successful, it could make the motion moot, but if the

RULE 4-333

motion were to be granted and the State's Attorney then enters a

nolle prosequi, the appeal may become moot, at least with

respect to the judgments vacated. The simplest solution in most

cases would be for the appellate court to remand the case for

the trial court to consider the motion. Rule 8-604 (d) permits

the appellate courts to remand cases “where ”justice will be

served by permitting further proceedings.”

. . .

RULE 4-408

MARYLAND RULES OF PROCEDURE

TITLE 4 – CRIMINAL CAUSES

CHAPTER 400 – POST CONVICTION PROCEDURE

AMEND Rule 4-408 by replacing “Court of Special Appeals”

with “Appellate Court,” as follows:

Rule 4-408.

APPLICATION FOR LEAVE TO APPEAL

An application for leave to appeal to the Court of Special

Appeals Appellate Court shall be governed by Rule 8-204.

Source:

This Rule is derived from former Rule BK46.

RULE 4-502

MARYLAND RULES OF PROCEDURE

TITLE 4 – CRIMINAL CAUSES

CHAPTER 500 – EXPUNGEMENT OF RECORDS

AMEND Rule 4-502 by replacing “Court of Appeals” with

“Supreme Court” and “Court of Special Appeals” with “Appellate

Court” in section (c), as follows:

Rule 4-502.

EXPUNGEMENT DEFINITIONS

. . .

“Court” means the Court of Appeals Supreme Court, Court of

Special Appeals Appellate Court, any circuit court, and the

District Court.

. . .

RULE 5-201

MARYLAND RULES OF PROCEDURE

TITLE 5 – EVIDENCE

CHAPTER 200 – JUDICIAL NOTICE

AMEND Rule 5-201 by replacing “Court of Special Appeals”

with “Appellate Court” and “Court of Appeals” with “Supreme

Court” in section (a), as follows:

Rule 5-201.

(a)

JUDICIAL NOTICE OF ADJUDICATIVE FACTS

Scope of Rule

This Rule governs only judicial notice of adjudicative

facts.

Sections (d), (e), and (g) of this Rule do not apply in

the Court of Special Appeals Appellate Court or the Court of

Appeals Supreme Court.

. . .

RULE 6-464

MARYLAND RULES OF PROCEDURE

TITLE 6 – SETTLEMENT OF DECEDENTS’ ESTATES

CHAPTER 400 – ADMINISTRATION OF ESTATES

AMEND Rule 6-464 by replacing “Court of Special Appeals”

with “Appellate Court” in section (a), as follows:

Rule 6-464.

(a)

STRIKING OF NOTICE OF APPEAL BY ORPHANS' COURT

Generally

On motion or on its own initiative, the orphans' court

may strike a notice of appeal (1) that has not been filed within

the time prescribed by Rule 6-463, (2) if the Register of Wills

has prepared the record pursuant to Code, Courts Article, §§ 12501 and 12-502 and the appellant has failed to pay for the

record, (3) if the appellant has failed to deposit with the

Trusts Article, § 2-206, unless the fee has been waived by an

order of court or by the Register of Wills pursuant to Code,

Estates and Trusts Article, § 2-206(a), (4) the appeal has been

taken to the Court of Special Appeals Appellate Court and the

appellant has failed to deposit with the Register of Wills the

transcript costs, or (5) if by reason of any other neglect on

the part of the appellant the record has not been transmitted to

RULE 6-464

the court to which the appeal has been taken within the time

prescribed in Code, Courts Article, § 12-502.

...

RULE 7-111

MARYLAND RULES OF PROCEDURE

TITLE 7 – APPELLATE AND OTHER JUDICIAL REVIEW IN CIRCUIT COURT

CHAPTER 100 – APPEALS FROM THE DISTRICT COURT

TO THE CIRCUIT COURT

AMEND Rule 7-111 by replacing “Court of Special Appeals”

with “Appellate Court” and by making stylistic changes, as

follows:

Rule 7-111.

STAY OF ENFORCEMENT OF JUDGMENT; BOND

The procedures set forth in Rules 8-422, 8-423, and 8-424

apply to appeals from the District Court.

References in those

rules Rules to the Court of Special Appeals Appellate Court

shall be regarded as references to the circuit court having

jurisdiction of the appeal.

Source:

This Rule is derived from former Rule 1317.

RULE 7-509

MARYLAND RULES OF PROCEDURE

TITLE 7 – APPELLATE AND OTHER JUDICIAL REVIEW IN CIRCUIT COURT

CHAPTER 500 – APPEALS FROM THE ORPHANS’ COURT

TO THE CIRCUIT COURT

AMEND Rule 7-509 by replacing “Court of Special Appeals”

with “Appellate Court” in the Committee note, as follows:

Rule 7-509.

NOTICE OF CIRCUIT COURT JUDGMENT

The clerk of the circuit court shall promptly send notice

of the circuit court judgment to the Register of Wills, who

shall enter the notice on the docket.

Committee note: As to further appeal from the judgment of the

circuit court to the Court of Special Appeals Appellate Court,

see Jennings v. Jennings, 20 Md. App. 369, 371 n.4 (1974), cert.

denied, 271 Md. 738 (1974) and Carrick v. Henley, 44 Md. App.

124 (1979).

Source:

This Rule is new.

TITLE 8

T.O.C.

MARYLAND RULES OF PROCEDURE

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

SPECIAL APPEALS SUPREME COURT AND THE APPELLATE COURT

TABLE OF CONTENTS

CHAPTER 100.

GENERAL PROVISIONS

CHAPTER 200. OBTAINING REVIEW IN COURT OF SPECIAL APPEALS THE

APPELLATE COURT

CHAPTER 300. OBTAINING APPELLATE REVIEW IN COURT OF APPEALS THE

SUPREME COURT

CHAPTER 400.

PRELIMINARY PROCEDURES

CHAPTER 500.

RECORD EXTRACT, BRIEFS, AND ARGUMENT

CHAPTER 600.

DISPOSITION

RULE 8-101

MARYLAND RULES OF PROCEDURE

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

SPECIAL APPEALS SUPREME COURT AND THE APPELLATE COURT

CHAPTER 100 – GENERAL PROVISIONS

AMEND Rule 8-101 by replacing “Court of Appeals and the

Court of Special Appeals” with “Supreme Court and the Appellate

Court,” as follows:

Rule 8-101.

APPLICABILITY

The Rules in this Title govern appellate procedure in the

Court of Appeals and the Court of Special Appeals Supreme Court

and the Appellate Court.

Source:

This Rule is new.

RULE 8-102

MARYLAND RULES OF PROCEDURE

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

SPECIAL APPEALS SUPREME COURT AND THE APPELLATE COURT

CHAPTER 100 – GENERAL PROVISIONS

AMEND Rule 8-102 by replacing “each appellate court” with

“the Supreme Court and the Appellate Court” in section (a) and

by making a stylistic change, as follows:

Rule 8-102.

(a)

TERM OF COURT

For accounting and statistical reporting purposes, each

appellate court the Supreme Court and the Appellate Court shall

each have one term annually, beginning on September 1 of each

year and continuing until the following August 31.

. . .

RULE 8-111

MARYLAND RULES OF PROCEDURE

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

SPECIAL APPEALS SUPREME COURT AND THE APPELLATE COURT

CHAPTER 100 – GENERAL PROVISIONS

AMEND Rule 8-111 by replacing “Court of Appeals” with

“Supreme Court” in subsection (a)(2), by replacing “Court of

Special Appeals” with “Appellate Court” in subsection (a)(2) and

section (c), and by making a stylistic change, as follows:

Rule 8-111.

(a)

DESIGNATION OF PARTIES; REFERENCES

Formal Designation

(1) No Prior Appellate Decision

When no prior appellate decision has been rendered, the

party first appealing the decision of the trial court shall be

designated the appellant and the adverse party shall be

designated the appellee.

Unless the Court orders otherwise, the

opposing parties to a subsequently filed appeal shall be

designated the cross-appellant and cross-appellee.

(2) Prior Appellate Decision

In an appeal to the Court of Appeals Supreme Court from

a decision by the Court of Special Appeals Appellate Court or by

a circuit court exercising appellate jurisdiction, the party

seeking review of the most recent decision shall be designated

RULE 8-111

the petitioner and the adverse party shall be designated the

respondent.

Except as otherwise specifically provided or

necessarily implied, the term “appellant” as used in the rules

Rules in this Title shall include a petitioner and the term

“appellee” shall include a respondent.

. . .

(c)

Victims and Victims' Representatives

Although not a party to a criminal or juvenile

proceeding, a victim of a crime or a delinquent act or a

victim's representative may: (1) file an application for leave

to appeal to the Court of Special Appeals Appellate Court from

an interlocutory or a final order under Code, Criminal Procedure

Article, § 11-103 and Rule 8-204; or (2) participate in the same

manner as a party regarding the rights of the victim or victim's

representative.

Cross reference: See Rule 1-326 for service and notice to

attorneys for victims and victims' representatives regarding the

rights of victims and representatives.

Source: This Rule is derived as follows:

Section (a) is derived in part from former Rule 827 and in part

new.

Section (b) is derived from Fed. R. App. P. 28 (d).

Section (c) is new.

RULE 8-112

MARYLAND RULES OF PROCEDURE

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

SPECIAL APPEALS SUPREME COURT AND THE APPELLATE COURT

CHAPTER 100 – GENERAL PROVISIONS

AMEND Rule 8-112 by replacing “Court of Appeals” with

“Supreme Court” in subsection (c)(1) and by making stylistic

changes, as follows:

Rule 8-112.

FORM OF COURT PAPERS

. . .

(c)

Printed and Computer-Generated Papers – Proportionally

Spaced Type

(1) Type Size and Font

Proportionally spaced type (such as produced by

commercial printers and many computer printers) in the text and

footnotes shall be in a font approved by the Court of Appeals

Supreme Court and shall not be smaller than 13 point.

The Court

of Appeals Supreme Court shall approve, from time to time, a

list of fonts that comply with the requirements of this Rule.

Upon the docketing of an appeal, the appellate clerk of the

appellate court shall send the approved list to all parties or

their attorneys.

(2) Spacing

RULE 8-112

Papers prepared with proportionally spaced type shall

have double spacing between lines, except that headings,

indented quotations, and footnotes may be single-spaced.

. . .

(f)

Effect of Noncompliance

For noncompliance with this Rule, the an appellate court

may enter any appropriate order, including an order that an

improperly prepared brief be corrected at the expense of the

attorney for the party for whom the brief was filed.

Cross reference:

and 8-501 (i).

With respect to exhibits, see Rules 1-301 (e)

Source: This Rule is new but is derived in part from former

Rules 831 a and 1031 a.

RULE 8-131

MARYLAND RULES OF PROCEDURE

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

SPECIAL APPEALS SUPREME COURT AND THE APPELLATE COURT

CHAPTER 100 – GENERAL PROVISIONS

AMEND Rule 8-131 by replacing “Court of Appeals” with

“Supreme Court” in the tagline of section (b), by replacing

“Court of Appeals” with “Supreme Court” and “Court of Special

Appeals” with “Appellate Court” in subsections (b)(1) and

(b)(2), and by making stylistic changes, as follows:

Rule 8-131.

(a)

SCOPE OF REVIEW

Generally

The issues of jurisdiction of the trial court over the

subject matter and, unless waived under Rule 2-322, over a

person may be raised in and decided by the an appellate court

whether or not raised in and decided by the trial court.

Ordinarily, the an appellate court will not decide any other

issue unless it plainly appears by the record to have been

raised in or decided by the trial court, but the Court may

decide such an issue if necessary or desirable to guide the

trial court or to avoid the expense and delay of another appeal.

(b)

In Court of Appeals Supreme Court – Additional

Limitations

RULE 8-131

(1) Prior Appellate Decision

Unless otherwise provided by the order granting the writ

of certiorari, in reviewing a decision rendered by the Court of

Special Appeals Appellate Court or by a circuit court acting in

an appellate capacity, the Court of Appeals Supreme Court

ordinarily will consider only an issue that has been raised in

the petition for certiorari or any cross-petition and that has

been preserved for review by the Court of Appeals Supreme Court.

Whenever an issue raised in a petition for certiorari or a

cross-petition involves, either expressly or implicitly, the

assertion that the trial court committed error, the Court of

Appeals Supreme Court may consider whether the error was

harmless or non-prejudicial even though the matter of harm or

prejudice was not raised in the petition or in a cross-petition.

Committee note: The last sentence of subsection (b)(1) of this

Rule amends the holding of Coleman v. State, 281 Md. 538 (1977),

and its progeny.

(2) No Prior Appellate Decision

Except as otherwise provided in Rule 8-304 (c), when the

Court of Appeals Supreme Court issues a writ of certiorari to

review a case pending in the Court of Special Appeals Appellate

Court before a decision has been rendered by that Court, the

Court of Appeals Supreme Court will consider those issues that

would have been cognizable by the Court of Special Appeals

Appellate Court.

RULE 8-131

(c)

Action Tried Without a Jury

When an action has been tried without a jury, the an

appellate court will review the case on both the law and the

evidence.

It will not set aside the judgment of the trial court

on the evidence unless clearly erroneous, and will give due

regard to the opportunity of the trial court to judge the

credibility of the witnesses.

. . .

RULE 8-201

MARYLAND RULES OF PROCEDURE

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

SPECIAL APPEALS SUPREME COURT AND THE APPELLATE COURT

CHAPTER 200 – OBTAINING REVIEW IN COURT OF SPECIAL APPEALS

THE APPELLATE COURT

AMEND Rule 8-201 by replacing “Court of Special Appeals”

with “the Appellate Court” in the name of the Rule and by

replacing “Court of Special Appeals” with “Appellate Court” in

sections (a) and (c), as follows:

Rule 8-201.

METHOD OF SECURING REVIEW – COURT OF SPECIAL

APPEALS THE APPELLATE COURT

(a)

By Notice of Appeal

Except as provided in Rule 8-204, the only method of

securing review by the Court of Special Appeals Appellate Court

is by the filing of a notice of appeal within the time

prescribed in Rule 8-202.

The notice shall be filed with the

clerk of the lower court or, in an appeal from an order or

judgment of an Orphans' Court, with the register of wills.

clerk or register shall enter the notice on the docket.

The

It is

sufficient that the notice be substantially in the following

form:

(Caption)

RULE 8-201

NOTICE OF APPEAL

____________________ notes an appeal to the Court of Special

Appeals Appellate Court in the above-captioned action.

(Signature and Certificate of Service)

. . .

(c)

Transmittal of Record

After all required fees have been deposited, the clerk

shall transmit the record as provided in Rules 8-412 and 8-413.

The clerk shall enter on the docket a statement of the fees

paid, and, if the lower court is a circuit court in a non-MDEC

county or an orphans' court, forward the filing fee with the

record to the Clerk of the Court of Special Appeals Appellate

Court.

Committee note: When a notice of appeal is filed, the clerk

should check the docket to see if it contains the entry of a

judgment in compliance with Rules 2-601 and 2-602, and if not,

advise the parties and the court. This note is not intended to

authorize the clerk to reject a notice of appeal, to place a

mandatory duty on the clerk, or to relieve counsel of their

responsibility to assure that there is an appealable order or

judgment properly entered on the docket before noting an appeal.

Source: This Rule is derived from former Rule 1011 with the

exception of the first sentence of (a) which is derived from

former Rule 1010, and former Form 22.

RULE 8-204

MARYLAND RULES OF PROCEDURE

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

SPECIAL APPEALS SUPREME COURT AND THE APPELLATE COURT

CHAPTER 200 – OBTAINING REVIEW IN COURT OF SPECIAL APPEALS

THE APPELLATE COURT

AMEND Rule 8-204 by replacing “Court of Special Appeals”

with “the Appellate Court” in the name of the Rule and in the

tagline of section (g) and by replacing “Court of Special

Appeals” with “Appellate Court” in sections (a), (b), (c), (d),

(e), and (f), as follows:

Rule 8-204.

APPLICATION FOR LEAVE TO APPEAL TO COURT OF SPECIAL

APPEALS THE APPELLATE COURT

(a)

Scope

This Rule applies to applications for leave to appeal to

the Court of Special Appeals Appellate Court.

. . .

(b)

Application

(1) How Made

An application for leave to appeal to the Court of

Special Appeals Appellate Court shall be filed in duplicate with

the clerk of the lower court.

. . .

RULE 8-204

(c)

Record on Application

(1) Time for Transmittal

The clerk of the lower court shall transmit the record,

together with the application, to the Court of Special Appeals

Appellate Court within (A) five days after the filing of an

application by a victim for leave to file an interlocutory

appeal pursuant to Code, Criminal Procedure Article, § 11-103,

(B) 30 days after the filing of an application for leave to

appeal in any other case, or (C) such shorter time as the

appellate court may direct.

The clerk shall notify each party

of the transmittal.

. . .

(d)

Response

Within 15 days after the clerk of the lower court sends

the notice that the record and application have been transmitted

to the Court of Special Appeals Appellate Court, any other party

may file a response in the Court of Special Appeals Appellate

Court stating why leave to appeal should be denied or granted,

except that any response to an application for leave to appeal

with regard to bail pursuant to Code, Courts Article, § 3-707 or

with regard to an interlocutory appeal by a victim pursuant to

Code, Criminal Procedure Article, § 11-103 shall be filed within

five days after service of the application.

(e)

Additional Information

RULE 8-204

Before final disposition of the application, the Court of

Special Appeals Appellate Court may require the clerk of the

lower court to submit any portion of the stenographic transcript

of the proceedings below and any additional information that the

Court may wish to consider.

(f)

Disposition

On review of the application, any response, the record,

and any additional information obtained pursuant to section (e)

of this Rule, without the submission of briefs or the hearing of

argument, the Court shall:

(1) deny the application;

(2) grant the application and affirm the judgment of the

lower court;

(3) grant the application and reverse the judgment of the

lower court;

(4) grant the application and remand the judgment to the

lower court with directions to that court; or

(5) grant the application and order further proceedings in

the Court of Special Appeals Appellate Court in accordance with

section (g) of this Rule.

The Clerk of the Court of Special Appeals Appellate Court shall

send a copy of the order disposing of the application to the

clerk of the lower court.

RULE 8-204

(g)

Further Proceedings in Court of Special Appeals the

Appellate Court

. . .

Source: This Rule is derived as follows:

Section (a) is new.

Section (b) is derived from former Rules 1093 a, 1095 a 1, 2 and

4, and 1096 a 1, 2, and 4.

Section (c) is derived from former Rules 1093 b, 1095 a 3, and

1096 a 3.

Section (d) is new.

Section (e) is derived from former Rules 1093 c, 1095 b, and

1096 b.

Section (f) is new.

Section (g) is derived from former Rules 1093 d, 1095 c, and

1096 c.

RULE 8-301

MARYLAND RULES OF PROCEDURE

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

SPECIAL APPEALS SUPREME COURT AND THE APPELLATE COURT

CHAPTER 300 – OBTAINING APPELLATE REVIEW IN COURT OF APPEALS

THE SUPREME COURT

AMEND Rule 8-301 by replacing “Court of Appeals” with

“Supreme Court” in the name of the Rule, section (a), the cross

reference following section (a), the tagline of section (b), and

sections (b) and (c); by replacing “Court of Special Appeals”

with “Appellate Court” in section (b); by making stylistic

changes; and by correcting a cross reference, as follows:

Rule 8-301.

METHOD OF SECURING REVIEW – COURT OF APPEALS THE

SUPREME COURT

(a)

Generally

Appellate review by the Court of Appeals Supreme Court

may be obtained only:

(1) by direct appeal where allowed by law;

(2) pursuant to the Maryland Uniform Certification of

Questions of Law Act;

(3) by writ of certiorari upon petition filed pursuant to

Rules 8-302 and 8-303; or

RULE 8-301

(4) by writ of certiorari issued on the Court's own

initiative.

Cross reference: For Code provisions governing direct appeals

to the Court of Appeals Supreme Court, see Code, Election Law

Article, § 12-203 concerning appeals from circuit court

decisions regarding contested elections; Code, Election Law

Article, § 16-1003 16-1004 concerning appeals from circuit court

decisions regarding injunctive relief sought for certain

violations of election law; and Code, Financial Institutions

Article, § 9-712(d)(2) concerning appeals from circuit court

decisions approving transfer of assets of savings and loan

associations. For the Maryland Uniform Certification of

Questions of Law Act, see Code, Courts Article, §§ 12-601

through 12-613. For the authority of the Court to issue a writ

of certiorari on its own initiative, see Code, Courts Article, §

12-201.

(b)

Direct Appeals to Court of Appeals Supreme Court

A direct appeal to the Court of Appeals Supreme Court

allowed by law is governed by the other rules Rules of this

Title applicable to appeals, or by the law authorizing the

direct appeal.

In the event of a conflict, the law authorizing

the direct appeal shall prevail.

Except as otherwise required

by necessary implication, references in those rules Rules to the

Court of Special Appeals Appellate Court shall be regarded as

references to the Court of Appeals Supreme Court.

(c)

Certification of Questions of Law

Certification of questions of law to the Court of Appeals

Supreme Court pursuant to the Maryland Uniform Certification of

Questions of Law Act is governed by Rule 8-305.

Source:

new.

This Rule is in part derived from Rule 810 and in part

RULE 8-302

MARYLAND RULES OF PROCEDURE

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

SPECIAL APPEALS SUPREME COURT AND THE APPELLATE COURT

CHAPTER 300 – OBTAINING APPELLATE REVIEW IN COURT OF APPEALS

THE SUPREME COURT

AMEND Rule 8-302 by replacing “Court of Special Appeals”

with “the Appellate Court” in the tagline of section (a) and by

replacing “Court of Special Appeals” with “Appellate Court” in

section (a), as follows:

Rule 8-302.

(a)

PETITION FOR WRIT OF CERTIORARI – TIMES FOR FILING

From Appeal to Court of Special Appeals the Appellate

Court

If a notice of appeal to the Court of Special Appeals

Appellate Court has been filed pursuant to Rule 8-201, a

petition for a writ of certiorari may be filed either before or

after the Court of Special Appeals Appellate Court has rendered

a decision, but not later than the later of 15 days after the

Court of Special Appeals Appellate Court issues its mandate or

30 days after the filing of that court's opinion.

. . .

RULE 8-304

MARYLAND RULES OF PROCEDURE

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

SPECIAL APPEALS SUPREME COURT AND THE APPELLATE COURT

CHAPTER 300 – OBTAINING APPELLATE REVIEW IN COURT OF APPEALS

THE SUPREME COURT

AMEND Rule 8-304 by replacing “Court of Special Appeals”

with “the Appellate Court” in the name of the Rule, by replacing

“Court of Special Appeals” with “Appellate Court” in sections

(a) and (c), and by replacing “Court of Appeals” with “Supreme

Court” in sections (a), (c), and (d), as follows:

Rule 8-304.

CERTIFICATION FROM COURT OF SPECIAL APPEALS THE

APPELLATE COURT

(a)

Initiation

At any time before issuance of a mandate, the Court of

Special Appeals Appellate Court or the panel of that Court to

which the action has been assigned may certify a question of law

or the entire action to the Court of Appeals Supreme Court.

Upon transmission to the Court of Appeals Supreme Court, a copy

of the certification shall be forwarded to the Chief Judge of

the Court of Special Appeals Appellate Court and to the parties.

The Court of Appeals Supreme Court may consider the

RULE 8-304

certification pursuant to its authority to issue a writ of

certiorari on its own motion.

. . .

(c)

Disposition of Certification

The Court of Appeals Supreme Court may refuse the

certification or may issue a writ of certiorari that (1) accepts

the certification as submitted, (2) modifies the questions of

law certified, (3) includes the entire action although only a

question of law was certified, or (4) limits review to only a

question of law although the entire action was certified.

The

Clerk of the Court of Appeals Supreme Court shall send the order

refusing the certification or the writ of certiorari to the

Court of Special Appeals Appellate Court and to the parties.

(d)

Record Extract and Briefs

If the Court of Appeals Supreme Court issues a writ of

certiorari, the filing of a record extract and briefs shall be

governed by Rules 8-501 through 8-511 unless the Court orders

otherwise.

Source:

This Rule is derived from former Rules 1015 and 815.

RULE 8-305

MARYLAND RULES OF PROCEDURE

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

SPECIAL APPEALS SUPREME COURT AND THE APPELLATE COURT

CHAPTER 300 – OBTAINING APPELLATE REVIEW IN COURT OF APPEALS

THE SUPREME COURT

AMEND Rule 8-305 by replacing “Court of Appeals” with

“Supreme Court” in the name of the Rule and throughout the Rule,

as follows:

Rule 8-305.

CERTIFICATION OF QUESTIONS OF LAW TO THE COURT OF

APPEALS SUPREME COURT

(a)

Certifying Court

“Certifying court” as used in this Rule means a court

authorized by Code, Courts Article, § 12-603 to certify a

question of law to the Court of Appeals Supreme Court of

Maryland.

Committee note: Necessary implication requires that the

definition of “court” set forth in Rule 1-202 does not apply in

this Rule.

(b)

Certification Order

In disposing of an action pending before it, a certifying

court, on motion of any party or on its own initiative, may

submit to the Court of Appeals Supreme Court a question of law

of this State, in accordance with the Maryland Uniform

RULE 8-305

Certification of Questions of Law Act, by filing a certification

order.

The certification order shall be signed by a judge of

the certifying court and state the question of law submitted,

the relevant facts from which the question arises, and the party

who shall be treated as the appellant in the certification

procedure.

The original order shall be forwarded to the Court

of Appeals Supreme Court by the clerk of the certifying court

under its official seal, together with the filing fee for

docketing regular appeals, payable to the Clerk of the Court of

Appeals Supreme Court.

(c)

Proceeding in the Court of Appeals Supreme Court

The filing of the certification order in the Court of

Appeals Supreme Court shall be the equivalent of the

transmission of a record on appeal.

The Court of Appeals

Supreme Court may request, in addition, all or any part of the

record before the certifying court.

Upon request, the

certifying court shall file the original or a copy of the parts

of the record requested together with a certificate, under the

official seal of the certifying court and signed by a judge or

clerk of that court, stating that the materials submitted are

all the parts of the record requested by the Court of Appeals

Supreme Court.

(d)

Decision by the Court of Appeals Supreme Court

RULE 8-305

The written opinion of the Court of Appeals Supreme Court

stating the law governing the question certified shall be sent

by the Clerk of the Court of Appeals Supreme Court to the

certifying court.

The Clerk of the Court of Appeals Supreme

Court shall certify, under seal of the Court, that the opinion

is in response to the question of law of this State submitted by

the certifying court.

Cross reference:

609.

Source:

Code, Courts Article, §§ 12-601 through 12-

This Rule is derived from former Rule 896.

RULE 8-402

MARYLAND RULES OF PROCEDURE

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

SPECIAL APPEALS SUPREME COURT AND THE APPELLATE COURT

CHAPTER 400 – PRELIMINARY PROCEDURES

AMEND Rule 8-402 by replacing “Court of Special Appeals and

the Court of Appeals” with “Appellate Court and the Supreme

Court” in section (b); by replacing “Court of Special Appeals”

with “Appellate Court” in sections (c) and (e); by replacing

“Court of Appeals” with “Supreme Court” in sections (c), (d),

and (e); by making stylistic changes; by updating a cross

reference; and by correcting an internal reference, as follows:

Rule 8-402.

APPEARANCE

. . .

(b)

Continuance of Appearance From Lower Court

The appearance of an attorney entered in a lower court

shall continue in the Court of Special Appeals and the Court of

Appeals Appellate Court and the Supreme Court unless (1) the

attorney's appearance has been stricken in the lower court

pursuant to Rule 2-132 or 4-214, (2) the attorney notifies the

Clerk of the appellate court in writing not to enter the

attorney's appearance in the appellate court and sends a copy of

the notice to the clerk of the lower court and the client, or

RULE 8-402

(3) the attorney's appearance has automatically terminated

pursuant to section (g) of this Rule.

(c)

New Appearance

An attorney newly appearing on appeal may enter an

appearance by filing a written request (1) in the Court of

Special Appeals Appellate Court if the record on appeal has

already been filed in that Court, (2) in the Court of Appeals

Supreme Court if a petition for a writ of certiorari has been

filed or the Court has issued a writ on its own initiative, or

(3) in the lower court in all other cases.

(d)

In Certification Cases

In a proceeding pursuant to Rule 8-305, the appearance of

an attorney entered in the certifying court shall continue in

the Court of Appeals Supreme Court if the attorney has been

admitted to practice law in this State.

An attorney newly

appearing in the case may enter an appearance by filing a

written request in the Court of Appeals Supreme Court at any

time after the certification order is filed.

Cross reference: For special admission of an out-of-state

attorney, see Bar Admission Rule 19-214 19-217.

(e)

When Entered by Clerk

The Clerk of the appellate court shall formally enter the

appearance of the attorney (1) in the Court of Special Appeals

Appellate Court when the record on appeal is filed, (2) in the

RULE 8-402

Court of Appeals Supreme Court when a petition for a writ of

certiorari is filed or, if the Court issues the writ on its own

initiative, when the writ is issued, or (3) when properly

requested pursuant to section (b) or (c) or (d) of this Rule.

. . .

RULE 8-421

MARYLAND RULES OF PROCEDURE

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

SPECIAL APPEALS SUPREME COURT AND THE APPELLATE COURT

CHAPTER 400 – PRELIMINARY PROCEDURES

AMEND Rule 8-421 by replacing “Court of Special Appeals”

with “Appellate Court” in section (a), as follows:

Rule 8-421.

(a)

DOCKETING OF APPEALS

Generally

The Clerk need not docket an appeal until the record in

the action has been received in the Clerk's office.

In the

Court of Special Appeals Appellate Court the Clerk need not

docket the appeal until the filing fee provided by Rule 8-201

(b) has been received by the Clerk or waived.

When the record

is received on or after March first in any term, the Clerk shall

place the appeal on the docket for the next term.

. . .

RULE 8-425

MARYLAND RULES OF PROCEDURE

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

SPECIAL APPEALS SUPREME COURT AND THE APPELLATE COURT

CHAPTER 400 – PRELIMINARY PROCEDURES

AMEND Rule 8-425 by replacing “Court of Special Appeals”

with “Appellate Court” in sections (a), (c), and (e); by

replacing “Court of Appeals” with “Supreme Court” in sections

(a), (c), (e), and (f); by replacing “Court of Special Appeals”

with “the Appellate Court” in the tagline of section (e); by

replacing “Court of Appeals” with “the Supreme Court” in the

tagline of section (f); by replacing “Judge” and “judge” with

“Justice” in section (f); and by making stylistic changes, as

follows:

Rule 8-425.

(a)

INJUNCTION PENDING APPEAL

Generally

During the pendency of an appeal, the Court of Special

Appeals Appellate Court or the Court of Appeals Supreme Court

may issue (1) an order staying, suspending, modifying, or

restoring an order entered by the lower court or (2) an

injunction, even if injunctive relief was sought and denied in

the lower court.

. . .

RULE 8-425

(c)

Motion in an Appellate Court

If a motion under Rule 2-632 is not practicable or such a

motion was denied by the circuit court or not ruled upon within

a reasonable time, the party may file a motion under this Rule

in the Court of Special Appeals Appellate Court, or in the Court

of Appeals Supreme Court when it has assumed jurisdiction.

The

motion shall include the reason why it is impracticable to seek

the relief in the circuit court or, if a motion seeking the

relief was considered by the circuit court, any reason given by

that court for denying or not affording the relief.

(d)

Affidavit

A motion or a response filed in the an appellate court

that is based on facts not contained in the papers or record on

file in that Court shall be supported by affidavit or

accompanied by the papers or the part of the record on which it

is based.

(e)

Decision – Court of Special Appeals the Appellate Court

A motion filed in the Court of Special Appeals Appellate

Court ordinarily will be decided by a panel of that Court.

exceptional cases, when that is impracticable because of time

constraints, the Chief Judge, or, in the absence of the Chief

Judge, any other judge of that Court may rule on the motion.

The decision of an individual judge shall be reviewed promptly

by a panel of the Court of Special Appeals Appellate Court.

RULE 8-425

order of the Court of Special Appeals Appellate Court granting

or denying the motion or the failure of that Court to rule on

the motion within a reasonable time may be reviewed by the Court

of Appeals Supreme Court on petition of a party.

(f)

Decision – Court of Appeals the Supreme Court

A motion filed in the Court of Appeals Supreme Court

pursuant to section (c) of this Rule and a petition for review

filed pursuant to section (e) of this Rule ordinarily will be

decided by the entire Court.

In exceptional cases, when that is

impracticable because of time constraints, the Chief Judge

Justice, or, in the absence of the Chief Judge Justice, any

other judge Justice of that Court may rule on the motion or

petition.

The decision of an individual judge Justice shall be

reviewed promptly by the Court.

. . .

RULE 8-432

MARYLAND RULES OF PROCEDURE

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

SPECIAL APPEALS SUPREME COURT AND THE APPELLATE COURT

CHAPTER 400 – PRELIMINARY PROCEDURES

AMEND Rule 8-432 by adding new subsection (a)(1) concerning

procedures for entry of an order in the Supreme Court, by

creating new subsection (a)(2) containing the provisions in

current section (a), by replacing “Court of Special Appeals”

with “the Appellate Court” in the tagline of section (b), by

replacing “Court of Special Appeals” with “Appellate Court” in

section (b), and by making stylistic changes, as follows:

Rule 8-432.

(a)

ENTRY OF ORDER

By Court

(1) Supreme Court

Unless concurrence of two or more Justices is required,

an order of the Supreme Court may be entered by the Chief

Justice, or in the absence of the Chief Justice, by any other

Justice of the Court.

(2) Appellate Court

Unless concurrence of two or more judges is required, an

order of the Appellate Court may be entered by the Chief Judge,

RULE 8-432

or in the absence of the Chief Judge, by any other judge of the

Court.

(b)

By Clerk – Extensions of Time in Court of Special Appeals

the Appellate Court

When authorized by an administrative order of the Court

of Special Appeals Appellate Court, the Clerk of that Court may

enter an order on behalf of the Court granting a motion to

extend the time for filing a record or brief if

(1) the motion is in proper form,

(2) a timely response in opposition to the motion has not

been filed or all parties have agreed not to oppose the granting

of the motion, and

(3) granting the motion will not require a rescheduling of

oral argument.

Cross reference: Md. Const., Art. IV, § 14; Code, Courts Art.,

§ 1-403; Rules 8-425 and 8-602.

Source:

This Rule is derived from former Rules 1056 and 856.

RULE 8-502

MARYLAND RULES OF PROCEDURE

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

SPECIAL APPEALS SUPREME COURT AND THE APPELLATE COURT

CHAPTER 500 – RECORD EXTRACT, BRIEFS, AND ARGUMENT

AMEND Rule 8-502 by replacing “Court of Special Appeals”

with “Appellate Court” in the tagline of subsection (a)(8),

subsection (a)(8), the tagline of subsection (a)(9), subsection

(a)(9), the Committee note following subsection (a)(9), the

tagline of subsection (b)(2), subsection (b)(2), and section

(c); by replacing “Court of Appeals” with “Supreme Court” in the

tagline of subsection (b)(1), subsection (b)(1), and section

(c); and by making stylistic changes, as follows:

Rule 8-502.

(a)

FILING OF BRIEFS

Duty to File; Time

. . .

(8) Court of Special Appeals Appellate Court Review of

Discharge for Unconstitutionality of Law

No briefs need be filed in a review by the Court of

Special Appeals Appellate Court under Code, Courts Article, § 3706.

(9) Informal Briefing in the Court of Special Appeals

Appellate Court

RULE 8-502

For cases in which at least one party is selfrepresented, the Chief Judge of the Court of Special Appeals

Appellate Court, by administrative order, may authorize informal

briefing in one or more categories of appeals in that Court.

The administrative order shall: (A) list the categories of

appeals to which it applies,; (B) state the protocols to be

followed, including protocols to remove a case from informal

briefing by stipulation of the parties or order of the Court,;

and (C) promulgate forms to be used.

The administrative order

shall be posted on the Judiciary website, and paper copies of it

shall be available to the public in the Office of the Clerk of

the Court of Special Appeals Appellate Court.

A case designated

for informal briefing is not subject to the requirements of

Rules 8-501 through 8-504, except to the extent a Rule is

incorporated into the informal briefing protocols set forth in

the administrative order.

Committee note: Informal briefing in the Court of Special

Appeals Appellate Court is intended to provide meaningful review

of issues raised by self-represented parties without requiring

compliance with the technical requirements of Rules 8-501

through 8-504. Informal briefing does not preclude the Court

from dismissing an appeal pursuant to Rule 8-602 for a reason

other than failure to comply with a Rule made inapplicable by

this Rule.

(b)

Extension of Time

(1) In the Court of Appeals Supreme Court

In the Court of Appeals Supreme Court, the time for

filing a brief may be extended by (A) joint stipulation of the

RULE 8-502

parties filed with the clerk so long as the appellant's brief

and the appellee's brief are filed at least 30 days, and any

reply brief is filed at least ten days, before the scheduled

argument, or (B) order of the Court entered on its own

initiative or on motion filed pursuant to Rule 1-204.

(2) In the Court of Special Appeals Appellate Court

Subsection (b)(2) of this Rule governs extensions of

time for filing briefs in the Court of Special Appeals Appellate

Court.

. . .

(c)

Filing and Service

In an appeal to the Court of Special Appeals Appellate

Court, eight copies of each brief and eight copies of each

record extract shall be filed, unless otherwise ordered by the

court.

Unless filing an informal brief pursuant to subsection

(a)(9) of this Rule, incarcerated or institutionalized parties

who are self-represented shall file eight copies of each brief

and eight copies of each record extract.

In the Court of

Appeals Supreme Court, eight copies of each brief and record

extract shall be filed, unless otherwise ordered by the court.

Two copies of each brief and record extract shall be served on

each party pursuant to Rule 1-321.

. . .

RULE 8-503

MARYLAND RULES OF PROCEDURE

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

SPECIAL APPEALS SUPREME COURT AND THE APPELLATE COURT

CHAPTER 500 – RECORD EXTRACT, BRIEFS, AND ARGUMENT

AMEND Rule 8-503 by replacing “Court of Special Appeals”

with “Appellate Court” in subsections (c)(1), (d)(1), (d)(2),

(d)(3), and (d)(4)(A) and section (e) and by replacing “Court of

Appeals” with “Supreme Court” in subsections (c)(2), (d)(1),

(d)(2), (d)(3), and (d)(4)(B) and section (e), as follows:

Rule 8-503.

STYLE AND FORM OF BRIEFS

. . .

(c)

Covers

A brief shall have a back and cover of the following

color:

(1) In the Court of Special Appeals Appellate Court:

(A) appellant's brief – yellow;

(B) appellee's brief – green;

(D) amicus curiae brief – gray.;

(E) cross-appellant’s reply brief – purple;

(F) briefs of incarcerated or institutionalized parties

who are self-represented – white.

RULE 8-503

(2) In the Court of Appeals Supreme Court:

(A) appellant's brief – white;

(B) appellee's brief – blue;

. . .

(d)

Length

(1) Principal Briefs of Parties

Except as otherwise provided in section (e) of this Rule

or with permission of the Court, the principal brief of an

appellant or appellee shall not exceed 9,100 words in the Court

of Special Appeals Appellate Court or 13,000 words in the Court

of Appeals Supreme Court.

This limitation does not apply to (A)

the table of contents and citations required by Rule 8-504

(a)(1); (B) the information required by Rule 8-504 (a)(10); or

required by Rule 8-504 (a)(9).

(2) Motion to Dismiss

Except with permission of the Court, any portion of a

party's brief pertaining to a motion to dismiss shall not exceed

an additional 2,600 words in the Court of Special Appeals

Appellate Court or 6,500 words in the Court of Appeals Supreme

Court.

(3) Reply Brief

RULE 8-503

Any reply brief shall not exceed 3,900 words in the

Court of Special Appeals Appellate Court or 6,500 words in the

Court of Appeals Supreme Court.

(4) Amicus Curiae Brief

Except with the permission of the Court, an amicus

curiae brief:

(A) if filed in the Court of Special Appeals Appellate

Court, shall not exceed 3,900 words; and

(B) if filed in the Court of Appeals Supreme Court, shall

not exceed 6,500 words, except that an amicus curiae brief

supporting or opposing a petition for certiorari or other

extraordinary writ shall not exceed 3,900 words.

(e)

Briefs of Cross-Appellant and Cross-Appellee

In cases involving cross-appeals, the principal brief

filed by the appellee/cross-appellant shall not exceed 13,000

words.

The reply brief filed by the appellant/cross-appellee

shall not exceed (1) 13,000 words in the Court of Appeals

Supreme Court or (2) in the Court of Special Appeals Appellate

Court (A) 9,100 words if no reply to the appellee's answer is

included or (B) 13,000 words if a reply is included.

The reply

brief filed by the cross-appellant shall not exceed 3,900 words

in the Court of Special Appeals Appellate Court or 6,500 words

in the Court of Appeals Supreme Court.

. . .

RULE 8-504

MARYLAND RULES OF PROCEDURE

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

SPECIAL APPEALS SUPREME COURT AND THE APPELLATE COURT

CHAPTER 500 – RECORD EXTRACT, BRIEFS, AND ARGUMENT

AMEND Rule 8-504 by replacing “Court of Special Appeals”

with “Appellate Court” in subsection (a)(8), as follows:

Rule 8-504.

(a)

CONTENTS OF BRIEF

Contents

A brief shall comply with the requirements of Rule 8-112

and include the following items in the order listed:

. . .

(8) In the Court of Special Appeals Appellate Court, a

statement as to whether the party filing the brief requests oral

argument.

. . .

RULE 8-511

MARYLAND RULES OF PROCEDURE

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

SPECIAL APPEALS SUPREME COURT AND THE APPELLATE COURT

CHAPTER 500 – RECORD EXTRACT, BRIEFS, AND ARGUMENT

AMEND Rule 8-511 by replacing “Court of Appeals” with

“Supreme Court” in subsections (e)(1) and (e)(3)(A) and by

replacing “Court of Special Appeals” with “Appellate Court” in

subsections (e)(1) and (e)(3)(B), as follows:

Rule 8-511.

AMICUS CURIAE

. . .

(e)

Brief Supporting or Opposing Discretionary Review

(1) Motion Not Required

An amicus curiae brief may be filed in the Court of

Appeals Supreme Court on the question of whether the Court

should issue a writ of certiorari or other extraordinary writ,

or in the Court of Special Appeals Appellate Court on the

question of whether the Court should grant an application for

leave to appeal.

A motion requesting permission to file such an

amicus brief is not required, provided that the amicus curiae

brief is signed by an attorney pursuant to Rule 1-311.

(2) Required Contents

RULE 8-511

A brief filed pursuant to subsection (e)(1) of this Rule

shall state whether, if the writ is issued or application is

granted, the amicus curiae intends to seek consent of the

parties or move for permission to file an amicus curiae brief on

the issues before the Court.

(3) Time for Filing

(A) Unless the Court orders otherwise, an amicus curiae

brief on the question of whether the Court of Appeals Supreme

Court should issue a writ of certiorari or other extraordinary

writ shall be filed within seven days after the petition is

filed.

(B) Unless the Court orders otherwise, an amicus curiae

brief on the question of whether the Court of Special Appeals

Appellate Court should grant an application for leave to appeal

shall be filed within 15 days after the record is transmitted

pursuant to Rule 8-204 (c)(1).

(4) Length

A brief filed pursuant to subsection (e)(1) of this Rule

shall not exceed 1,900 words.

. . .

RULE 8-521

MARYLAND RULES OF PROCEDURE

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

SPECIAL APPEALS SUPREME COURT AND THE APPELLATE COURT

CHAPTER 500 – RECORD EXTRACT, BRIEFS, AND ARGUMENT

AMEND Rule 8-521 by replacing “Court of Appeals” with

“Supreme Court” in the tagline of subsection (a)(1) and

subsection (a)(1) and by replacing “Court of Special Appeals”

with “Appellate Court” in the tagline of subsection (a)(2) and

subsection (a)(2), as follows:

Rule 8-521.

(a)

ASSIGNMENT OF CASES

Regular Order

(1) In the Court of Appeals Supreme Court

In the Court of Appeals Supreme Court, unless advanced

or postponed pursuant to this Rule, cases ordinarily will be

assigned for successive sessions of the Court on the basis of

their numerical order as they appear on the court docket, but

the cases assigned for any session may be assigned for argument

at that session without regard to their numerical order.

Upon

request of the Clerk, a party shall furnish an estimate of the

time required for that party's argument.

Argument shall be held

on the day scheduled, unless postponed pursuant to this Rule.

(2) In the Court of Special Appeals Appellate Court

RULE 8-521

In the Court of Special Appeals Appellate Court, unless

advanced or postponed pursuant to this Rule, cases ordinarily

will be assigned to successive sessions of the Court after the

record is complete and the appellee's brief has been filed or,

if no appellee's brief has been filed, after the time for filing

the appellee's brief has expired.

. . .

RULE 8-522

MARYLAND RULES OF PROCEDURE

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

SPECIAL APPEALS SUPREME COURT AND THE APPELLATE COURT

CHAPTER 500 – RECORD EXTRACT, BRIEFS, AND ARGUMENT

AMEND Rule 8-552 by replacing “Court of Special Appeals”

with “Appellate Court” in sections (a) and (c) and by replacing

“Court of Appeals” with “Supreme Court” in section (a), as

follows:

Rule 8-522.

(a)

ORAL ARGUMENT

Time Limit

Except with permission of the Court, oral argument is

limited to 20 minutes for each side in the Court of Special

Appeals Appellate Court and 30 minutes for each side in the

Court of Appeals Supreme Court.

A party who believes that

additional time is necessary for the adequate presentation of

oral argument, may request, by letter addressed to the Court,

the additional time deemed necessary.

The request shall be made

no later than ten days after the filing of the appellee's brief.

. . .

(c)

Number of Counsel

Except with permission of the Court, not more than two

attorneys may argue for a side.

In granting a request for oral

RULE 8-522

argument pursuant to Rule 8-523 (b)(2), the Court of Special

Appeals Appellate Court may direct that only one attorney may

argue for a side.

When more than one attorney will argue for a

side, the time allowed for the side may be divided as they

desire.

. . .

RULE 8-523

MARYLAND RULES OF PROCEDURE

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

SPECIAL APPEALS SUPREME COURT AND THE APPELLATE COURT

CHAPTER 500 – RECORD EXTRACT, BRIEFS, AND ARGUMENT

AMEND Rule 8-523 by replacing “Court of Special Appeals”

with “the Appellate Court” in the tagline of subsection (a)(1)

and the tagline of section (b), by replacing “Court of Special

Appeals” with “Appellate Court” in subsections (a)(1) and

(b)(1), by replacing “Court of Appeals” with “the Supreme Court”

in the tagline of subsection (a)(2), and by replacing “Court of

Appeals” with “Supreme Court” in subsection (a)(2), as follows:

Rule 8-523.

(a)

CONSIDERATION ON BRIEF

Submission on Brief by Party

(1) In Court of Special Appeals the Appellate Court

In the Court of Special Appeals Appellate Court, a party

to a case the Court has scheduled for argument may submit for

consideration on brief by filing a notice with the Clerk at

least ten days prior to argument.

Before filing a notice

submitting on brief, a party shall attempt to ascertain whether

any other parties to the appeal also will submit on brief and

state the position of those other parties in the notice.

The

RULE 8-523

Court may require oral argument from either side or both sides,

notwithstanding the submission on brief.

(2) In Court of Appeals the Supreme Court

In the Court of Appeals Supreme Court a party may not

submit an appeal for consideration on brief except with

permission of the Court.

A request to submit on brief shall be

made in writing at least 15 days before argument.

(b)

Directed by Court of Special Appeals the Appellate Court

(1) When Directed

In the Court of Special Appeals Appellate Court, if all

the judges of the panel to which an appeal has been assigned

conclude, after the filing of the appellant's brief, that oral

argument would not be of assistance to the Court because of the

nature of the questions raised, the Court shall direct that the

appeal be considered on brief without oral argument.

The Clerk

shall promptly mail notice to all parties that the Court has

directed consideration of the appeal on brief.

. . .

RULE 8-605.1

MARYLAND RULES OF PROCEDURE

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

SPECIAL APPEALS SUPREME COURT AND THE APPELLATE COURT

CHAPTER 600 – DISPOSITION

AMEND Rule 8-605.1 by replacing “Court of Special Appeals”

with “Appellate Court” in the name of the Rule, section (a), and

section (b), as follows:

Rule 8-605.1.

REPORTING OF OPINIONS OF THE COURT OF SPECIAL

APPEALS APPELLATE COURT

(a)

Reporting of Opinions

The Court of Special Appeals Appellate Court shall

designate for reporting only those opinions that are of

substantial interest as precedents.

(b)

Request for Reporting of Unreported Opinion

At any time before the mandate issues, the Court of

Special Appeals Appellate Court, on its own initiative or at the

request of a party or nonparty filed before the date on which

the mandate is due to be issued, may designate for reporting an

opinion previously designated as unreported.

An unreported

opinion may not be designated for reporting after the mandate

has issued.

Cross reference:

See Rule 1-104.

RULE 8-605.1

Source: This Rule is derived as follows:

Section (a) is derived from Rule 8-113 (a).

Section (b) is new.

RULE 8-606

MARYLAND RULES OF PROCEDURE

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

SPECIAL APPEALS SUPREME COURT AND THE APPELLATE COURT

CHAPTER 600 – DISPOSITION

AMEND Rule 8-606 by replacing “Court of Special Appeals”

with “the Appellate Court” in the taglines of subsections (b)(3)

and (d)(2) and by replacing “Court of Special Appeals” with

“Appellate Court” and “Court of Appeals” with “Supreme Court” in

subsection (d)(2), as follows:

Rule 8-606.

MANDATE

. . .

(b)

When Issued

(1) Generally

Subject to subsections (b)(2), (3), and (4) of this

Rule, unless the Court orders otherwise, the Clerk shall issue

the mandate upon the expiration of 30 days after the filing of

the Court's opinion or entry of the Court's order.

(2) Voluntary Dismissal

Upon a voluntary dismissal, the Clerk shall issue the

mandate immediately.

(3) Court of Special Appeals The Appellate Court – Expedited

Appeal

RULE 8-606

. . .

(d)

Transmission – Mandate and Record

(1) Generally

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

upon issuance of the mandate, the Clerk shall transmit it to the

appropriate lower court.

Unless the appellate court orders

otherwise, the original papers comprising the record shall be

transmitted with the mandate.

If the proceeding emanated from a

non-MDEC court, the mandate shall be transmitted to the lower

court in paper form.

(2) Court of Special Appeals The Appellate Court – Delayed

Return

If a petition for a writ of certiorari is filed pursuant

to Rule 8-303 while the record is in the possession of the Court

of Special Appeals Appellate Court, the Clerk of the Court of

Special Appeals Appellate Court shall not return the record to

the lower court until (A) the petition is denied, or (B) if the

petition is granted, the Court of Special Appeals Appellate

Court takes action in accordance with the mandate of the Court

of Appeals Supreme Court.

. . .

RULE 8-608

MARYLAND RULES OF PROCEDURE

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

SPECIAL APPEALS SUPREME COURT AND THE APPELLATE COURT

CHAPTER 600 – DISPOSITION

AMEND Rule 8-608 by replacing “Court of Appeals” with

“Supreme Court” in sections (a) and (c), by replacing “Court of

Special Appeals” with “Appellate Court” in section (a), and by

making a stylistic change, as follows:

Rule 8-608.

(a)

COMPUTATION OF COSTS

Costs Generally Allowed

The Clerk shall include in the costs the allowance

determined pursuant to section (c) of this Rule for reproducing

the briefs, the record extract, and any necessary appendices to

briefs and any other costs prescribed by these rules Rules or

other law.

Unless the case is in the Court of Appeals Supreme

Court and was previously heard and decided by the Court of

Special Appeals Appellate Court, the Clerk shall also include

the amount paid by or on behalf of the appellant for the

original and the copies of the stenographic transcript of

testimony furnished pursuant to section (a) of Rule 8-411.

the transcript was paid for by the Office of the Public

Defender, the Clerk shall so state.

RULE 8-608

. . .

(c)

Allowance for Reproduction

The Clerk shall determine the allowance for reproduction

by multiplying the number of pages in the briefs, the record

extract, and any necessary appendices to briefs by the standard

page rate established from time to time by the Court of Appeals

Supreme Court.

Source: This Rule is derived from former Rules 1080, 880, 1081,

and 881.

RULE 8-611

MARYLAND RULES OF PROCEDURE

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

SPECIAL APPEALS SUPREME COURT AND THE APPELLATE COURT

CHAPTER 600 – DISPOSITION

AMEND Rule 8-611 by adding “an” to the tagline of section

(a), by replacing “The” with “An” in section (a), by adding “a”

to the tagline of section (b), and by making a stylistic change

in section (b), as follows:

Rule 8-611.

(a)

ENFORCEMENT

By an Appellate Court

The An appellate court may enforce its judgment by

appropriate order.

(b)

By a Trial Court

After the clerk of the trial court enters the mandate on

the docket: (1) a party entitled to costs under the mandate may

file a motion in the trial court specifying the amount of costs

due and requesting that a judgment in that amount be entered by

the trial court and that it be recorded and indexed as provided

by Rule 2-601 (c); (2) the judgment of the appellate court is

enforceable by process issued by the trial court; and (3) the

judgment of the trial court may be recorded in another court and

enforced by process issued by that other court pursuant to the

RULE 8-611

rules Rules applicable to an original judgment of the trial

court.

Source: This Rule is in part derived from former Rules 1078 and

878 and in part new.

RULE 9-205.2

MARYLAND RULES OF PROCEDURE

TITLE 9 – FAMILY LAW ACTIONS

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

AND CHILD CUSTODY

AMEND Rule 9-205.2 by replacing “Judge” with “Justice” and

“Court of Appeals” with “Supreme Court” in subsection (k)(1), as

follows:

Rule 9-205.5.

PARENTING COORDINATION

. . .

(k)

Fees

(1) Fee Schedules

Subject to the approval of the Chief Judge Justice of

the Court of Appeals Supreme Court, the county administrative

judge of each circuit court may develop and adopt maximum fee

schedules for parenting coordinators.

In developing the fee

schedules, the county administrative judge shall take into

account the availability of qualified individuals willing to

provide parenting coordination services and the ability of

litigants to pay for those services.

A parenting coordinator

appointed by the court may not charge or accept a fee for

parenting coordination services in that action in excess of the

fee allowed by the applicable schedule.

Violation of this

RULE 9-205.2

subsection shall be cause for removal from all lists maintained

pursuant to section (d) of this Rule, Rule 9-205, and the Rules

in Title 17.

. . .

Source: This Rule is new.

RULE 12-211

MARYLAND RULES OF PROCEDURE

TITLE 12 – PROPERTY ACTIONS

CHAPTER 200 – CONDEMNATION

AMEND Rule 12-211 by replacing “Court of Special Appeals”

with “Appellate Court” and “Court of Appeals” with “Supreme

Court” in subsection (b)(3) and by making a stylistic change, as

follows:

Rule 12-211.

ABANDONMENT

. . .

(b)

When Not Allowed

An action for condemnation may not be abandoned:

(1) after taking has occurred; or

(2) more than 120 days after the entry of judgment unless an

appeal is taken; or

(3) if an appeal was taken, more than 120 days after the

receipt by the clerk of the lower court of a mandate of the

Court of Special Appeals Appellate Court or, if the Court of

Appeals Supreme Court assumes jurisdiction, of the Court of

Appeals Supreme Court evidencing (A) the dismissal of the appeal

by the Court, (B) the affirmance of the judgment, (C) the entry

of judgment pursuant to Rule 8-604 (e), or (D) the modification

of the judgment without the award of a new trial.

For purposes

RULE 12-211

of this subsection, an appeal taken by the plaintiff that is

stricken pursuant to Rule 8-203 or voluntarily dismissed shall

be treated as if not taken, and the time allowed for abandonment

shall be determined in accordance with subsections (1) and (2)

of this section (b)(1) and (b)(2) of this Rule.

. . .

RULE 15-205

MARYLAND RULES OF PROCEDURE

TITLE 15 – OTHER SPECIAL PROCEEDINGS

CHAPTER 200 – CONTEMPT

AMEND Rule 15-205 by replacing “Court of Appeals or the

Court of Special Appeals” with “Supreme Court or the Appellate

Court” in subsection (b)(3)(A) and section (d), as follows:

Rule 15-205.

CONSTRUCTIVE CRIMINAL CONTEMPT; COMMENCEMENT;

PROSECUTION

. . .

(b)

Who May Institute

(1) The court may initiate a proceeding for constructive

criminal contempt by filing an order directing the issuance of a

summons or warrant pursuant to Rule 4-212.

(2) The State's Attorney may initiate a proceeding for

constructive criminal contempt committed against a trial court

sitting within the county in which the State's Attorney holds

office by filing a petition with that court.

(3) The Attorney General may initiate a proceeding for

constructive criminal contempt committed (A) against the Court

of Appeals or the Court of Special Appeals Supreme Court or the

Appellate Court, or (B) against a trial court when the Attorney

General is exercising the authority vested in the Attorney

RULE 15-205

General by Maryland Constitution, Art. V, § 3, by filing a

petition with the court against which the contempt was allegedly

committed.

. . .

(d)

Contents; Service

An order filed by the court pursuant to section (b)(1) of

this Rule and a petition filed by the State's Attorney, the

Attorney General, or the State Prosecutor shall contain the

information required by Rule 4-202 (a). The order or petition

shall be served, along with a summons or warrant, in the manner

specified in Rule 4-212 or, if the proceeding is in the Court of

Appeals or the Court of Special Appeals Supreme Court or the

Appellate Court, in the manner directed by that court.

. . .

RULE 15-312

MARYLAND RULES OF PROCEDURE

TITLE 15 – OTHER SPECIAL PROCEEDINGS

CHAPTER 300 – HABEAS CORPUS

AMEND Rule 15-312 by replacing “Court of Special Appeals”

with “Appellate Court,” as follows:

Rule 15-312.

DISCHARGE ON GROUND OF UNCONSTITUTIONALITY--REVIEW

When an individual is released or discharged under a writ of

habeas corpus on the ground that all or part of the statute or

law under which the individual was convicted is

unconstitutional, the memorandum or the transcription required

by Rule 15-311 shall be filed by the judge within five days

after the judge orders the release or discharge.

The clerk

shall promptly transmit the record to the Clerk of the Court of

Special Appeals Appellate Court for further proceedings.

Cross reference:

413.

See Code, Courts Article, § 3-706 and Rule 8-

Committee note: The provisions of Title 8 are applicable to

proceedings under this Rule except to the extent otherwise

provided.

Source:

This Rule is derived from former Rule Z56.

100

RULE 15-1103

MARYLAND RULES OF PROCEDURE

TITLE 15 – OTHER SPECIAL PROCEEDINGS

CHAPTER 1100 – CATASTROPHIC HEALTH EMERGENCY

AMEND Rule 15-1103 by replacing “Chief Judge of the Court

of Appeals” with “Chief Justice of the Supreme Court” in section

(b), as follows:

Rule 15-1103.

INITIATION OF PROCEEDING TO CONTEST ISOLATION OR

QUARANTINE

. . .

(b)

Order Assigning Judge and Setting Hearing

The County Administrative Judge or that judge's designee

shall enter an order (1) assigning the matter to a judge and (2)

setting the date, time, and location of a hearing on the

petition or directing the clerk to promptly set the hearing and

notify the parties.

The clerk shall provide a copy of the order

to all parties, the State Court Administrator, and the Chief

Judge of the Court of Appeals Chief Justice of the Supreme

Court.

. . .

101

RULE 15-1104

MARYLAND RULES OF PROCEDURE

TITLE 15 – OTHER SPECIAL PROCEEDINGS

CHAPTER 1100 – CATASTROPHIC HEALTH EMERGENCY

AMEND Rule 15-1104 by replacing “Court of Appeals” with

“Supreme Court” in section (a), as follows:

Rule 15-1104.

(a)

PROCEEDINGS IN THE CIRCUIT COURT

Appointment of Counsel

If a petition has been filed pursuant to Rule 15-1103 by

an individual or group not represented by counsel and the

petitioner does not decline court-appointed counsel, the circuit

court shall appoint counsel in accordance with Code, HealthGeneral Article, § 18-906(c), or the Court of Appeals Supreme

Court shall appoint counsel in accordance with Code, Public

Safety Article, § 14-3A-05(f)(2).

The court making the

appointment may order the Secretary to pay reasonable fees and

costs of the court-appointed counsel.

. . .

102

TITLE 16

T.O.C.

MARYLAND RULES OF PROCEDURE

TITLE 16 – COURT ADMINISTRATION

TABLE OF CONTENTS

CHAPTER 100.

COURT ADMINISTRATIVE STRUCTURE

CHAPTER 200.

GENERAL PROVISIONS – CIRCUIT AND DISTRICT COURTS

CHAPTER 300.

MANAGEMENT

CIRCUIT COURTS – ADMINISTRATION AND CASE

CHAPTER 400.

CIRCUIT COURTS – CLERK’ OFFICES

CHAPTER 500.

RECORDING OF PROCEEDINGS

CHAPTER 600.

EXTENDED COVERAGE OF COURT PROCEEDINGS

CHAPTER 700.

MISCELLANEOUS JUDICIAL UNITS

CHAPTER 800.

MISCELLANEOUS COURT ADMINISTRATION MATTERS

CHAPTER 900.

ACCESS TO COURT RECORDS

CHAPTER 1000. EMERGENCY POWERS OF THE CHIEF JUDGE OF COURT OF

APPEALS JUSTICE OF THE SUPREME COURT

103

RULE 16-101

MARYLAND RULES OF PROCEDURE

TITLE 16 – COURT ADMINISTRATION

CHAPTER 100 – COURT ADMINISTRATIVE STRUCTURE

AMEND Rule 16-101 by replacing “Judge of the Court of

Appeals” with “Justice of the Supreme Court” in sections (a),

(e), and (f); by replacing “Court of Special Appeals” with

“Appellate Court” in sections (b) and (g); and by replacing

“Court of Appeals” with “Supreme Court” in section (g), as

follows:

Rule 16-101.

GENERAL ADMINISTRATIVE STRUCTURE

The administrative structure of the Maryland Judiciary

consists of the following:

(a)

The Chief Judge of the Court of Appeals Justice of the

Supreme Court, exercising the administrative powers conferred by

the Maryland Constitution, the Maryland Code, and the Maryland

Rules and fulfilling the duties imposed thereby;

(b)

The Chief Judge of the Court of Special Appeals Appellate

Court, exercising the administrative powers conferred upon the

Chief Judge by the Maryland Code and the Maryland Rules and

fulfilling the duties imposed thereby;

(c)

Circuit and County Administrative Judges of the circuit

courts, exercising the administrative powers conferred upon them

104

RULE 16-101

by the Maryland Code and the Maryland Rules and fulfilling the

duties imposed thereby;

(d)

The Chief Judge and Administrative Judges of the District

Court, exercising the administrative powers conferred upon them

by the Maryland Constitution, the Maryland Code, and the

Maryland Rules and fulfilling the duties imposed thereby;

(e)

The Maryland Judicial Council, fulfilling the duties

imposed upon the Council by the Maryland Rules and

Administrative Orders of the Chief Judge of the Court of Appeals

Justice of the Supreme Court;

(f)

The State Court Administrator and the Administrative

Office of the Courts, exercising the administrative powers

conferred and fulfilling the duties imposed upon them by the

Maryland Code, the Maryland Rules, and Administrative Orders and

directives of the Chief Judge of the Court of Appeals Justice of

the Supreme Court;

(g)

The Clerks of the Court of Appeals Supreme Court, the

Court of Special Appeals Appellate Court, the circuit courts,

and the District Court, exercising the administrative powers

conferred and fulfilling the duties imposed upon them by the

Maryland Constitution, the Maryland Code, and the Maryland

Rules;

. . .

105

RULE 16-102

MARYLAND RULES OF PROCEDURE

TITLE 16 – COURT ADMINISTRATION

CHAPTER 100 – COURT ADMINISTRATIVE STRUCTURE

AMEND Rule 16-102 by replacing “Judge of the Court of

Appeals” with “Justice of the Supreme Court” in the name of the

Rule and the preamble and by replacing “Judge” with “Justice” in

the preamble and section (b), as follows:

Rule 16-102.

CHIEF JUDGE OF THE COURT OF APPEALS JUSTICE OF THE

SUPREME COURT

The Chief Judge of the Court of Appeals Justice of the

Supreme Court is the administrative head of the Maryland

judicial system and has overall responsibility for the

administration of the courts of this State.

In the execution of

that responsibility, the Chief Judge Justice:

(a)

may exercise the authority granted by the Maryland

Constitution, the Maryland Code, the Maryland Rules, or other

law;

(b)

shall appoint a State Court Administrator to serve at the

pleasure of the Chief Judge Justice;

(c)

may delegate administrative duties to other persons

within the judicial system, including senior judges recalled

pursuant to Code, Courts Article, § 1-302; and

106

RULE 16-102

(d)

Source:

may assign judges pursuant to Rule 16-108 (b).

This Rule is derived from former Rule 16-101 a (2016).

107

RULE 16-103

MARYLAND RULES OF PROCEDURE

TITLE 16 – COURT ADMINISTRATION

CHAPTER 100 – COURT ADMINISTRATIVE STRUCTURE

AMEND Rule 16-103 by replacing “Court of Appeals” with

“Appellate Court” in the name of the Rule and in the body of the

Rule and by replacing “Judge of the Court of Appeals” with

“Justice of the Supreme Court” in the body of the Rule, as

follows:

Rule 16-103.

CHIEF JUDGE OF THE COURT OF SPECIAL APPEALS

APPELLATE COURT

Subject to the provisions of this Chapter, other applicable

law, and the direction of the Chief Judge of the Court of

Appeals Justice of the Supreme Court, the Chief Judge of the

Court of Special Appeals Appellate Court is responsible for the

administration of the Court of Special Appeals Appellate Court

and, with respect to that court and to the extent applicable,

has the authority of a County Administrative Judge.

In the

absence of the Chief Judge of the Court of Special Appeals

Appellate Court, the provisions of this Rule shall be applicable

to the senior judge present in the Court of Special Appeals

Appellate Court.

Cross reference: For the definition of a “senior judge” as used

in this Rule, see Rule 1-202 (aa)(1).

Source:

This Rule is derived from former Rule 16-101 b (2016).

108

RULE 16-104

MARYLAND RULES OF PROCEDURE

TITLE 16 – COURT ADMINISTRATION

CHAPTER 100 – COURT ADMINISTRATIVE STRUCTURE

AMEND Rule 16-104 by replacing references to the Chief

Judge of the Court of Appeals with references to the Chief

Justice of the Supreme Court in sections (a) and (b), as

follows:

Rule 16-104.

(a)

CIRCUIT COURT – CIRCUIT ADMINISTRATIVE JUDGE

Designation

The Chief Judge of the Court of Appeals Justice of the

Supreme Court shall designate, from among the incumbent judges

in each judicial circuit, a Circuit Administrative Judge for

each judicial circuit, to serve in that capacity at the pleasure

of the Chief Judge Justice.

The Circuit Administrative Judge

shall serve also as the County Administrative Judge of the

circuit court for the county within which the judge resides.

(b)

Duties

Subject to the provisions of this Chapter and to the

direction of the Chief Judge of the Court of Appeals Justice of

the Supreme Court, the Circuit Administrative Judge is generally

responsible for the overall administration of the circuit courts

within the judicial circuit, and for matters that may affect

109

RULE 16-104

more than one of those courts.

In carrying out those

responsibilities, the Circuit Administrative Judge:

(1) may perform, on a temporary basis, any of the duties of

a County Administrative Judge for a circuit court within the

judicial circuit in the absence of the County Administrative

Judge or acting County Administrative Judge for that court;

. . .

110

RULE 16-105

MARYLAND RULES OF PROCEDURE

TITLE 16 – COURT ADMINISTRATION

CHAPTER 100 – COURT ADMINISTRATIVE STRUCTURE

AMEND Rule 16-105 by replacing references to the Chief

Judge of the Court of Appeals with references to the Chief

Justice of the Supreme Court in section (a), the stem of section

(b), subsection (b)(11), and subsection (d)(2) and by replacing

“Court of Appeals” with “Supreme Court” in subsection (b)(11),

as follows:

Rule 16-105.

(a)

CIRCUIT COURT – COUNTY ADMINISTRATIVE JUDGE

Designation

After considering the recommendation of the Circuit

Administrative Judge, the Chief Judge of the Court of Appeals

Justice of the Supreme Court shall designate a County

Administrative Judge for each circuit court, to serve in that

capacity at the pleasure of the Chief Judge Justice.

Except as

permitted by Rule 16-104 (b)(1), the County Administrative Judge

shall be a judge of that circuit court.

(b)

Duties

Subject to the provisions of this Chapter, other

applicable law, the general supervision of the Chief Judge of

the Court of Appeals Justice of the Supreme Court, and the

111

RULE 16-105

general supervision of the Circuit Administrative Judge, the

County Administrative Judge is responsible for the

administration of the circuit court, including:

. . .

(11) implementation and enforcement of all administrative

policies, rules, orders, and directives of the Court of Appeals

Supreme Court, the Chief Judge of the Court of Appeals Justice

of the Supreme Court, the State Court Administrator, and the

Circuit Administrative Judge of the judicial circuit; and

(12) performance of any other administrative duties

necessary to the effective administration of the internal

management of the court and the prompt disposition of litigation

in it.

. . .

(d)

Delegation of Authority

(1) A County Administrative Judge may delegate one or more of

the administrative duties and functions imposed by this Rule to

(A) another judge or a committee of judges of the court,

including by designation of another judge of the court to serve

as acting County Administrative Judge during a temporary absence

of the County Administrative Judge, or (B) one or more other

officials or employees of the court.

(2) Except as provided in subsection (d)(3) of this Rule, in

the implementation of Code, Criminal Procedure Article, § 6-103

112

RULE 16-105

and Rule 4-271 (a), a County Administrative Judge may (A) with

the approval of the Chief Judge of the Court of Appeals Justice

of the Supreme Court, authorize one or more judges to postpone

criminal cases on appeal from the District Court or transferred

from the District Court because of a demand for jury trial, and

(B) authorize not more than one judge at a time to postpone all

other criminal cases.

. . .

113

RULE 16-106

MARYLAND RULES OF PROCEDURE

TITLE 16 – COURT ADMINISTRATION

CHAPTER 100 – COURT ADMINISTRATIVE STRUCTURE

AMEND Rule 16-106 by replacing “Judge of the Court of

Appeals” with “Justice of the Supreme Court” in sections (a) and

(b), as follows:

Rule 16-106.

(a)

CHIEF JUDGE OF THE DISTRICT COURT

Generally

Subject to the provisions of this Chapter and to the

direction of the Chief Judge of the Court of Appeals Justice of

the Supreme Court, the Chief Judge of the District Court is the

chief administrative officer of that court and is responsible

for the maintenance, administration, and operation of the court

in all its locations throughout the State.

(b)

Administrative Regulations

The Chief Judge of the District Court may adopt

administrative regulations for the governance of the District

Court, subject to and not inconsistent with the Maryland Rules,

other applicable law, or with administrative orders issued by

the Chief Judge of the Court of Appeals Justice of the Supreme

Court.

. . .

114

RULE 16-107

MARYLAND RULES OF PROCEDURE

TITLE 16 – COURT ADMINISTRATION

CHAPTER 100 – COURT ADMINISTRATIVE STRUCTURE

AMEND Rule 16-107 by replacing “Judge of the Court of

Appeals” with “Justice of the Supreme Court” in section (a), as

follows:

Rule 16-107.

(a)

ADMINISTRATIVE JUDGES OF THE DISTRICT COURT

Designation

Subject to the approval of the Chief Judge of the Court

of Appeals Justice of the Supreme Court, the Chief Judge of the

District Court shall designate a District Court judge in each

district as the administrative judge for that district.

. . .

115

RULE 16-108

MARYLAND RULES OF PROCEDURE

TITLE 16 – COURT ADMINISTRATION

CHAPTER 100 – COURT ADMINISTRATIVE STRUCTURE

AMEND Rule 16-108 by replacing “Judge of the Court of

Appeals” with “Justice of the Supreme Court” in the tagline of

section (b) and in section (b), as follows:

Rule 16-108.

ASSIGNMENT OF JUDGES

. . .

(b)

Chief Judge of the Court of Appeals Justice of the

Supreme Court

The Chief Judge of the Court of Appeals Justice of the

Supreme Court, by order, may assign (1) a judge of the District

Court, a circuit court, or an appellate court to sit temporarily

in another court other than an Orphans' Court, or (2) a judge of

an Orphans' Court of a county to sit temporarily in an Orphans'

Court of another county in accordance with Code, Estates and

Trusts Article, § 2-106(i).

The order shall specify the court

in which the judge is to sit and the duration of the assignment.

While so assigned, the judge shall possess all of the power and

authority of a judge of a court to which the judge is assigned.

. . .

116

RULE 16-109

MARYLAND RULES OF PROCEDURE

TITLE 16 – COURT ADMINISTRATION

CHAPTER 100 – COURT ADMINISTRATIVE STRUCTURE

AMEND Rule 16-109 by replacing “judges” with “Justices,”

“Court of Appeals” with “Supreme Court,” “Court of Special

Appeals” with “Appellate Court,” and “Judge of the Court of

Appeals” with “Justice of the Supreme Court” in section (a); by

adding “judges of the” in section (a); and by replacing “Judge

of the Court of Appeals” with “Justice of the Supreme Court” and

“Judge” with “Justice” in section (c), as follows:

Rule 16-109.

(a)

MARYLAND JUDICIAL CONFERENCE

Existence; Membership; Chair; Secretariat

There is a Maryland Judicial Conference which consists of

the judges Justices of the Court of Appeals Supreme Court, the

judges of the Court of Special Appeals Appellate Court, the

judges of the circuit courts, and the judges of the District

Court.

The Chief Judge of the Court of Appeals Justice of the

Supreme Court is the Chair of the Conference.

The

Administrative Office of the Courts is the secretariat for the

Conference.

. . .

(c)

Sessions

117

RULE 16-109

Unless otherwise ordered by the Chief Judge of the Court

of Appeals Justice of the Supreme Court, the Conference shall

meet in general session periodically at the time and place

designated by the Chief Judge Justice.

Each session of the

Conference shall be for the number of days determined by the

Chief Judge Justice.

Educational programs conducted during a

meeting of the Judicial Conference shall be under the auspices

of the Judiciary’s education committee created by Administrative

Order.

Source: This Rule is derived in part from former Rule 16-802

(2016) and is in part new.

118

RULE 16-110

MARYLAND RULES OF PROCEDURE

TITLE 16 – COURT ADMINISTRATION

CHAPTER 100 – COURT ADMINISTRATIVE STRUCTURE

AMEND Rule 16-110 by replacing “Judge of the Court of

Appeals” with “Justice of the Supreme Court” in subsection

(b)(1), subsection (b)(11), the Committee note following

subsection (b)(11), subsection (c)(1), subsection (d)(1),

section (e), and subsection (f)(1); by replacing “Court of

Special Appeals” with “Appellate Court” in subsection (b)(2); by

replacing “Court of Appeals” with “Supreme Court” in subsection

(b)(8); and by replacing “Judge” with “Justice” in the Committee

note following subsection (b)(8) and subsections (c)(2), (d)(1),

and (d)(2), as follows:

Rule 16-110.

(a)

JUDICIAL COUNCIL

Existence

There is a Judicial Council.

(b)

Membership; Chair

The Judicial Council consists of:

(1) the Chief Judge of the Court of Appeals Justice of the

Supreme Court, who is the Chair of the Judicial Council;

(2) the Chief Judge of the Court of Special Appeals

Appellate Court;

119

RULE 16-110

(3) the Chair and Vice Chair of the Conference of Circuit

Judges;

(4) the Chief Judge of the District Court;

(5) the State Court Administrator;

(6) the Chair and Vice Chair of the Conference of Circuit

Court Clerks;

(7) the Chair and Vice Chair of the Conference of Circuit

Court Administrators;

(8) the Chair of the Court of Appeals Supreme Court Standing

Committee on Rules of Practice and Procedure;

(9) the Chief Clerk of the District Court; and

(10) the Chair of the Senior Judges Committee; and

(11) three circuit court judges, three District Court

judges, and two District Administrative Clerks appointed by the

Chief Judge of the Court of Appeals Justice of the Supreme

Court.

Committee note: The Conference of Circuit Court Clerks and the

Conference of Circuit Court Administrators are created and exist

only by Administrative Order of the Chief Judge of the Court of

Appeals Justice of the Supreme Court. The inclusion of their

Chairs or Vice Chairs on the Judicial Council is not intended to

affect the authority of the Chief Judge Justice to alter or

revoke those Administrative Orders.

(c)

Terms of Appointed Members; Vacancies

(1) The term of each member appointed by the Chief Judge of

the Court of Appeals Justice of the Supreme Court is two years,

subject to reappointment for one additional term of two years.

120

RULE 16-110

(2) If a vacancy occurs because an appointed member dies,

resigns, or leaves the judicial office or office as an

administrative clerk that the member occupied when appointed to

the Judicial Council, the Chief Judge Justice may appoint a

successor to serve for the balance of the unexpired term.

(d)

Duties; Authority

(1) The Judicial Council serves as the principal advisory

body to the Chief Judge of the Court of Appeals Justice of the

Supreme Court with respect to the exercise of the Chief Judge's

Justice’s authority as the administrative head of the State

judicial system.

Cross reference:

Constitution.

See Article IV, § 18 of the Maryland

(2) The Chief Judge Justice, as Chair of the Judicial

Council, may create committees, subcommittees, and work groups:

(A) to consider matters relevant to the functioning and

improvement of the Maryland Judiciary and the administration of

justice in the State; and

(B) to make appropriate recommendations to the Judicial

Council.

(3) The Chair of the Judicial Council shall make an annual

report.

(e)

Secretary

121

RULE 16-110

The Chief Judge of the Court of Appeals Justice of the

Supreme Court shall designate an individual to serve as

Secretary to the Judicial Council.

(f)

Meetings

(1) The Judicial Council shall meet on the call of the Chief

Judge of the Court of Appeals Justice of the Supreme Court.

(2) Unless impracticable due to exigent circumstances, the

Secretary to the Judicial Council shall cause notice of all

meetings of the Council to be posted on the Judiciary's website,

and, subject to reasonable space limitations, all such meetings

shall be open to the public.

Minutes shall be kept of all

meetings and posted on the Judiciary website.

Source:

This Rule is derived from former Rule 16-802 (2016).

122

RULE 16-111

MARYLAND RULES OF PROCEDURE

TITLE 16 – COURT ADMINISTRATION

CHAPTER 100 – COURT ADMINISTRATIVE STRUCTURE

AMEND Rule 16-111 by replacing “Judge of the Court of

Appeals” with “Justice of the Supreme Court” in subsection

(a)(1), subsection (a)(2), and section (b), as follows:

Rule 16-111.

STATE COURT ADMINISTRATOR; ADMINISTRATIVE OFFICE

OF THE COURTS

(a)

State Court Administrator

The State Court Administrator:

(1) subject to the authority of the Chief Judge of the Court

of Appeals Justice of the Supreme Court, is the head of the

Administrative Office of the Courts; and

(2) shall perform the duties required by the Maryland Code,

the Maryland Rules, and administrative orders or directives of

the Chief Judge of the Court of Appeals Justice of the Supreme

Court.

Cross reference:

(b)

Code, Courts Article, §§ 7-102, 7-202, 13-101.

Administrative Office of the Courts

The Administrative Office of the Courts shall perform the

duties required by the Maryland Code, the Maryland Rules, and

administrative orders or directives issued by the Chief Judge of

123

RULE 16-111

the Court of Appeals Justice of the Supreme Court and the

directives of the State Court Administrator.

Cross reference: Code, Courts Article, § 13-101; Family Law

Article, § 4-512.

Source:

This Rule is new.

124

RULE 16-201

MARYLAND RULES OF PROCEDURE

TITLE 16 – COURT ADMINISTRATION

CHAPTER 200 – GENERAL PROVISIONS – CIRCUIT AND DISTRICT COURTS

AMEND Rule 16-201 by replacing “Judge of the Court of

Appeals” with “Justice of the Supreme Court” in subsection

(a)(2), subsection (b)(1), and section (c) and by replacing

“Judge” with “Justice” in subsection (a)(2), as follows:

Rule 16-201.

(a)

COURT SESSIONS

In General

The courts of this State shall be open each day

throughout the year from Monday through Friday except:

(1) on days designated pursuant to State law for the

observance of legal holidays by State employees; or

(2) when closed because of emergency, inclement weather, or

other good cause by order of the Chief Judge of the Court of

Appeals Justice of the Supreme Court or an individual designated

by the Chief Judge Justice.

Cross reference: For the definition of “holiday,” see Rule 1202 and Code, State Personnel and Pensions Article, § 9-201.

(b)

Proceedings When Courts Closed

No trials or other court proceedings shall be conducted

when the court is closed pursuant to section (a) of this Rule

except when ordered by (1) the Chief Judge of the Court of

125

RULE 16-201

Appeals Justice of the Supreme Court or (2) a judge of the

particular court in an emergency or as the public welfare may

require.

(c)

Public or Catastrophic Health Emergency

When required to deal with the effects of a public

emergency or a catastrophic health emergency declared by the

Governor, the Chief Judge of the Court of Appeals Justice of the

Supreme Court may order that one or more courts remain open or

reopen, including on a holiday or weekend.

. . .

126

RULE 16-203

MARYLAND RULES OF PROCEDURE

TITLE 16 – COURT ADMINISTRATION

CHAPTER 200 – GENERAL PROVISIONS – CIRCUIT AND DISTRICT COURTS

AMEND Rule 16-203 by replacing “Court of Appeals” with

“Supreme Court” in subsection (b)(2); by replacing “Judge of the

Court of Appeals” with “Justice of the Supreme Court” in

sections (c), (d), and (e); by correcting a cross reference

after section (c); and by replacing “Judge” with “Justice” in

section (d), as follows:

Rule 16-203.

ELECTRONIC FILING OF PLEADINGS, PAPERS, AND REAL

PROPERTY INSTRUMENTS

. . .

(b)

Submission of Plan

. . .

(2) District Court

The Chief Judge of the District Court may submit to the

Court of Appeals Supreme Court for approval a detailed plan for

a pilot project for the electronic filing of pleadings and

papers.

In developing the plan, the Chief Judge shall consult

with the District Administrative Judge and the District

Administrative Clerk of each district included in the plan, the

District Court Chief Clerk, appropriate vendors, the State Court

127

RULE 16-203

Administrator, and any other judges, court clerks, members of

the bar, vendors of electronic filing systems, and interested

persons that the Chief Judge chooses, to ensure that the

criteria set forth in section (c) of this Rule are met.

(c)

Criteria for Adoption of Plan

. . .

(6) the court can discard or replace the system during or at

the conclusion of a trial period without undue financial or

operational burden.

The State Court Administrator shall review the plan and

make a recommendation to the Chief Judge of the Court of Appeals

Justice of the Supreme Court with respect to it.

Cross reference: For the definition of “public record,” see

Code, General Provisions Article, § 4-101 (h). See also Rules

16-901 – 16-934 (Access to Judicial Records).

(d)

Approval and Duration of Plan

A plan may not be implemented unless approved by

administrative order of the Chief Judge of the Court of Appeals

Justice of the Supreme Court.

The plan shall terminate two

years after the date of the administrative order unless the

Chief Judge Justice terminates it earlier or modifies or extends

it by a subsequent administrative order.

(e)

Evaluation

The Chief Judge of the Court of Appeals Justice of the

Supreme Court may appoint a committee consisting of one or more

128

RULE 16-203

judges, court clerks, attorneys, legal educators, bar

association representatives, and other interested and

knowledgeable individuals to monitor and evaluate the plan.

Before the expiration of the two-year period set forth in

section (d) of this Rule, the Chief Judge of the Court of

Appeals Justice of the Supreme Court, after considering the

recommendations of the committee, shall evaluate the operation

of the plan.

. . .

129

RULE 16-204

MARYLAND RULES OF PROCEDURE

TITLE 16 – COURT ADMINISTRATION

CHAPTER 200 – GENERAL PROVISIONS – CIRCUIT AND DISTRICT COURTS

AMEND Rule 16-204 by replacing “Judge of the Court of

Appeals” with “Justice of the Supreme Court” in subsection

(a)(1) and by replacing “Judge” with “Justice” in the cross

reference following subsection (a)(1), as follows:

Rule 16-204.

REPORTING OF CRIMINAL AND MOTOR VEHICLE

INFORMATION

(a)

Reporting Requirements

A clerk or the Judicial Information Systems unit of the

Administrative Office of the Courts, from data retrieved from

the trial courts case management systems, shall:

(1) report to the Central Repository of Criminal History

Record Information of the Department of Public Safety and

Correctional Services reportable events, as defined in Code,

Criminal Procedure Article, § 10-215, with respect to the list

of offenses agreed to by the Secretary of the Department of

Public Safety and Correctional Services and the Chief Judge of

the Court of Appeals Justice of the Supreme Court; and

Cross reference: See Code, Criminal Procedure Article, § 10-217

regarding agreement between the Secretary and the Chief Judge

Justice.

. . .

130

RULE 16-205

MARYLAND RULES OF PROCEDURE

TITLE 16 – COURT ADMINISTRATION

CHAPTER 200 – GENERAL PROVISIONS – CIRCUIT AND DISTRICT COURTS

AMEND Rule 16-205 by replacing “Judge of the Court of

Appeals” with “Justice of the Supreme Court” in subsection

(a)(2), subsection (c)(1), and section (d), as follows:

Rule 16-205.

(a)

DISPOSITION OF RECORDS

Applicability

. . .

(2) This Rule applies to records in the custody of a circuit

court or the District Court that (A) for a circuit court are

subject to a Records Retention and Disposal Schedule for the

Circuit Courts adopted by the Records Management Division of the

Department of General Services and approved by the Chief Judge

of the Court of Appeals Justice of the Supreme Court, or (B) for

the District Court, are subject to a District Court Records

Retention and Storage Manual adopted by the Chief Judge of that

Court and approved by the Chief Judge of the Court of Appeals

Justice of the Supreme Court.

. . .

(c)

Circuit Court Records

(1) Duty of Clerk and County Administrative Judge

131

RULE 16-205

Except as otherwise required by law, each custodian of

records of a circuit court and the county administrative judge

of that court shall dispose of the records in their custody in

accordance with the procedures, schedules, forms, and exhibits

set forth in the Records Retention and Disposal Schedule for the

Circuit Courts of Maryland most recently adopted by the Records

Management Division of the Department of General Services and

approved by the Chief Judge of the Court of Appeals Justice of

the Supreme Court.

. . .

(d)

District Court Records

The Chief Clerk of the District Court and the Chief Judge

of the District Court shall dispose of records of the District

Court in accordance with the procedures, schedules, forms, and

exhibits set forth in the District Court Records Retention and

Storage Manual most recently adopted by the Chief Judge of the

District Court and approved by the Chief Judge of the Court of

Appeals Justice of the Supreme Court.

Cross reference: See Code, Courts Article, §§ 1-605 (d)(6) and

2-205; Code, Family Law Article, § 7-106; and Code, State

Government Article, Title 10, Subtitle 6, Part III, concerning

destruction of records.

Source:

This Rule is new.

132

RULE 16-207

MARYLAND RULES OF PROCEDURE

TITLE 16 – COURT ADMINISTRATION

CHAPTER 200 – GENERAL PROVISIONS – CIRCUIT AND DISTRICT COURTS

AMEND Rule 16-207 by replacing “Judge of the Court of

Appeals” with “Justice of the Supreme Court” in section (d) and

subsections (h)(2)(A) and (h)(2)(B), as follows:

Rule 16-207.

PROBLEM-SOLVING COURT PROGRAMS

. . .

(d)

Approval of Plan

After review of the plan and consultation with such other

judicial entities as the State Court Administrator may direct,

the Office of Problem-Solving Courts shall submit the plan,

together with any comments and a recommendation, to the State

Court Administrator.

The State Court Administrator shall review

the materials and make a recommendation to the Chief Judge of

the Court of Appeals Justice of the Supreme Court.

The program

shall not be implemented until it is approved by order of the

Chief Judge of the Court of Appeals Justice of the Supreme

Court.

. . .

(h)

Continued Program Operation

(1) Monitoring

133

RULE 16-207

Each problem-solving court program shall provide the

Office of Problem-Solving Courts with the information requested

by that Office regarding the program.

(2) Report and Recommendation

(A) The Office of Problem-Solving Courts shall submit to

the Chief Judge of the Court of Appeals Justice of the Supreme

Court, through the State Court Administrator, annual reports and

recommendations as to the status and operations of the various

problem-solving court programs.

The Office of Problem-Solving

Courts shall provide to the Chief Judge of the District Court a

copy of each report and recommendation that pertains to a

problem-solving court program in the District Court.

(B) The Chief Judge of the Court of Appeals Justice of the

Supreme Court may require information regarding the status and

operation of a problem-solving court program and may direct that

a program be altered or terminated.

Source:

This Rule is derived from former Rule 16-206 (2016).

134

RULE 16-208

MARYLAND RULES OF PROCEDURE

TITLE 16 – COURT ADMINISTRATION

CHAPTER 200 – GENERAL PROVISIONS – CIRCUIT AND DISTRICT COURTS

AMEND Rule 16-208 by replacing “Judge of the Court of

Appeals” with “Justice of the Supreme Court” in subsection

(d)(3), as follows:

Rule 16-208.

CELL PHONES; OTHER ELECTRONIC DEVICES; CAMERAS

. . .

(d)

Notice

Notice of the provisions of sections (b) and (c) of this

Rule shall be:

(1) posted prominently at the court facility;

(2) included on the main Judiciary website and the website

of each court; and

(3) disseminated to the public by any other means approved

in an administrative order of the Chief Judge of the Court of

Appeals Justice of the Supreme Court.

Source:

This Rule is derived from former Rule 16-110 (2016).

135

RULE 16-307

MARYLAND RULES OF PROCEDURE

TITLE 16 – COURT ADMINISTRATION

CHAPTER 300 – CIRCUIT COURTS – ADMINISTRATION AND CASE

MANAGEMENT

AMEND Rule 16-307 by replacing “Judge of the Court of

Appeals” with “Justice of the Supreme Court” in subsection

(a)(4)(D), the tagline of subsection (b)(4), and subsection

(b)(4), as follows:

Rule 16-307.

(a)

FAMILY DIVISION AND SUPPORT SERVICES

Family Division

. . .

(4) Responsibilities of the County Administrative Judge

The County Administrative Judge of the Circuit Court for

each county having a family division shall:

. . .

(D) prepare and submit to the Chief Judge of the Court of

Appeals Justice of the Supreme Court, no later than October 15

of each year, a written report that includes a description of

family support services provided by the court's family division

in the preceding fiscal year.

(b)

Circuit Courts Without a Family Division

. . .

136

RULE 16-307

(4) Report to the Chief Judge of the Court of Appeals

Justice of the Supreme Court

The County Administrative Judge shall prepare and submit

to the Chief Judge of the Court of Appeals Justice of the

Supreme Court, no later than October 15 of each year, a written

report that includes a description of the family support

services provided by the court in the preceding fiscal year.

Source:

This Rule is derived from former Rule 16-204 (2016).

137

RULE 16-308

MARYLAND RULES OF PROCEDURE

TITLE 16 – COURT ADMINISTRATION

CHAPTER 300 – CIRCUIT COURTS – ADMINISTRATION AND CASE

MANAGEMENT

AMEND Rule 16-308 by replacing “Judge of the Court of

Appeals” with “Justice of the Supreme Court” in section (b), as

follows:

Rule 16-308.

BUSINESS AND TECHNOLOGY CASE MANAGEMENT PROGRAM

. . .

(b)

Program Established

Subject to the availability of fiscal and human

resources, a program approved by the Chief Judge of the Court of

Appeals Justice of the Supreme Court shall be established to

enable each circuit court to handle business and technology

matters in a coordinated, efficient, and responsive manner and

to afford convenient access to attorneys and litigants in

business and technology matters.

The program shall include:

(1) a program track within the differentiated case

management system established under Rule 16-302;

(2) a procedure by which an action is assigned to the

program;

138

RULE 16-308

(3) program judges who are specially trained in business and

technology; and

(4) ADR proceedings conducted by individuals qualified under

Title 17 of these Rules and specially trained in business and

technology.

. . .

139

RULE 16-401

MARYLAND RULES OF PROCEDURE

TITLE 16 – COURT ADMINISTRATION

CHAPTER 400 – CIRCUIT COURTS — CLERKS’ OFFICES

AMEND Rule 16-401 by replacing “Judge” with “Justice” in

the tagline of subsection (a)(3) and by replacing “Judge of the

Court of Appeals” with “Justice of the Supreme Court” in

subsections (a)(3) and (b)(2)(A), as follows:

Rule 16-401.

(a)

PERSONNEL

Chief Deputy Clerk

(1) Appointment

The clerk of each circuit court may appoint a chief

deputy clerk for that court.

The appointment is not subject to

section (b) of this Rule.

(2) Tenure

Subject to subsection (a)(3) of this Rule, a chief

deputy clerk serves at the pleasure of the clerk.

(3) Approval of Chief Judge Justice

The appointment, retention, and removal of a chief

deputy clerk shall be subject to the approval of the Chief Judge

of the Court of Appeals Justice of the Supreme Court, after

consultation with the County Administrative Judge and the State

Court Administrator.

140

RULE 16-401

(b)

Other Employees

(1) Authorization to Fill Vacancy

If a vacancy occurs in a clerk's office, the clerk shall

seek authorization from the State Court Administrator to fill

the vacancy.

(2) Personnel System

(A) Generally

The selection and appointment of other employees in

the clerk's office and the promotion, classification and

reclassification, transfer, demotion, suspension, discharge, and

other discipline of such employees shall be subject to and

conform with the standards and procedures set forth in a

personnel system developed by the State Court Administrator and

approved by the Chief Judge of the Court of Appeals Justice of

the Supreme Court.

The personnel system shall (i) provide for

equal opportunity, (ii) be based on merit principles, (iii)

include appropriate job classifications and compensation scales,

and (iv) include a grievance procedure in conformance with

subsection (b)(2)(B) of this Rule.

(B) Grievance Procedure

The clerk shall resolve a grievance within the clerk's

office, but the grievance procedure shall permit an aggrieved

party to appeal from the decision of the clerk to the State

Court Administrator or his or her designee.

141

The decision of the

RULE 16-401

State Court Administrator or designee shall constitute the final

administrative decision.

During the pendency of an appeal, the

State Court Administrator may grant interim relief which, after

consultation with the county administrative judge of each

affected court, may include a transfer of an employee.

Committee note: The State Court Administrator may seek

appropriate judicial relief to enforce a final determination and

directive. See Rule 1-201 (a).

(3) Review for Compliance

The State Court Administrator may review the selection,

promotion, or discipline of an employee to ensure compliance

with the standards and procedures in the personnel system.

. . .

142

RULE 16-402

MARYLAND RULES OF PROCEDURE

TITLE 16 – COURT ADMINISTRATION

CHAPTER 400 – CIRCUIT COURTS — CLERKS’ OFFICES

AMEND Rule 16-402 by replacing “Judge of the Court of

Appeals” with “Justice of the Supreme Court” in sections (b) and

(d), as follows:

Rule 16-402.

OPERATIONS

. . .

(b)

General Operations

The State Court Administrator shall develop policies,

procedures, and standards for all judicial and non-judicial

operations of the clerks' offices, including case processing,

records management, forms control, accounting, budgeting,

inventory, and data processing.

The data processing systems in

Baltimore City, Prince George's County, and Montgomery County in

effect on July 1, 2016 shall not be replaced, other than by

MDEC, except by order of the Chief Judge of the Court of Appeals

Justice of the Supreme Court.

. . .

(d)

Submission of Budget

Each clerk shall submit an annual budget to the State

Court Administrator for review and approval by the Chief Judge

143

RULE 16-402

of the Court of Appeals Justice of the Supreme Court.

The

budget shall be submitted at the time specified by the State

Court Administrator and shall be in the form prescribed by the

Secretary of Budget and Management.

. . .

144

RULE 16-403

MARYLAND RULES OF PROCEDURE

TITLE 16 – COURT ADMINISTRATION

CHAPTER 400 – CIRCUIT COURTS — CLERKS’ OFFICES

AMEND Rule 16-403 by replacing “Judge of the Court of

Appeals” with “Justice of the Supreme Court” in subsection

(a)(2) and section (b), as follows:

Rule 16-403.

(a)

HOURS

Generally

Except as provided in section (b) of this Rule, the

office of each clerk of a circuit court shall be open to the

public throughout the year for the transaction of all business

of the court from at least 8:30 a.m. to 4:30 p.m. Monday through

Friday of each week, except:

(1) on days designated pursuant to State law for the

observance of legal holidays by State employees; or

(2) on days when the court is closed because of an

emergency, inclement weather, or other good cause by order of

the Chief Judge of the Court of Appeals Justice of the Supreme

Court, the County Administrative Judge, or the Circuit

Administrative Judge for the judicial circuit.

(b)

Public or Catastrophic Health Emergency

145

RULE 16-403

The clerk's office shall be open on each day that the

Chief Judge of the Court of Appeals Justice of the Supreme Court

orders the court to be open pursuant to Rule 16-201 (c) (Public

or Catastrophic Health Emergency).

Source:

This Rule is derived from former Rule 16-304 (2016).

146

RULE 16-404

MARYLAND RULES OF PROCEDURE

TITLE 16 – COURT ADMINISTRATION

CHAPTER 400 – CIRCUIT COURTS — CLERKS’ OFFICES

AMEND Rule 16-404 by replacing “Judge of the Court of

Appeals” with “Justice of the Supreme Court,” as follows:

Rule 16-404.

DOCKETS

The clerks of the circuit courts shall maintain dockets in the

form and containing the information prescribed by the Chief

Judge of the Court of Appeals Justice of the Supreme Court.

Source:

This Rule is derived from former Rule 16-305 (2016).

147

RULE 16-505

MARYLAND RULES OF PROCEDURE

TITLE 16 – COURT ADMINISTRATION

CHAPTER 500 – RECORDING OF PROCEEDINGS

AMEND Rule 16-505 by replacing “Judge of the Court of

Appeals” with “Justice of the Supreme Court” in sections (a) and

(c), as follows:

Rule 16-505.

(a)

ADMINISTRATION OF CIRCUIT COURT RECORDING PROCESS

Regulations and Standards

The Chief Judge of the Court of Appeals Justice of the

Supreme Court, by administrative order, shall prescribe

regulations and standards regarding the court recording process

and the person responsible for recording proceedings in the

courts of the State.

The regulations and standards may include:

(1) the selection, qualifications, and responsibilities of

persons recording court proceedings;

(2) preparation, typing, and format of transcripts;

(3) charges for transcripts and copies;

(4) preservation and maintenance of reporting notes and

records, however recorded;

(5) equipment and supplies utilized in reporting; and

(6) procedures for filing and maintaining administrative

records and reports.

148

RULE 16-505

. . .

(c)

Supervision of Court Reporters

Subject to the general supervision of the Chief Judge of

the Court of Appeals Justice of the Supreme Court, the County

Administrative Judge shall have the supervisory responsibility

for the court reporters and persons responsible for recording

court proceedings in that county.

The County Administrative

Judge may delegate supervisory responsibility to the supervisory

court reporter or a person responsible for recording court

proceedings, including the assignment of court reporters or

other persons responsible for recording court proceedings.

Cross reference: Rule 16-914 (h) provides that backup audio

recordings made by any means, computer disks, and notes of a

court reporter that have not been filed with the clerk or are

not part of the official court record are not ordinarily subject

to public inspection.

Source:

This Rule is derived from former Rule 16-404 (2016).

149

RULE 16-601

MARYLAND RULES OF PROCEDURE

TITLE 16 – COURT ADMINISTRATION

CHAPTER 600 – EXTENDED COVERAGE OF COURT PROCEEDINGS

AMEND Rule 16-601 by adding “Justice or Chief” and “Justice

or” to the definition contained in subsection (e)(3), as

follows:

Rule 16-601.

DEFINITIONS

. . .

(e)

Presiding Judge

(1) “Presiding judge” means a judge designated to preside

over a proceeding which is, or is intended to be, the subject of

extended coverage.

(2) Where action by a presiding judge is required by the

Rules in this Chapter, and no judge has been designated to

preside over the proceeding, “presiding judge” means the Local

Administrative Judge.

(3) In an appellate court, “presiding judge” means the Chief

Justice or Chief Judge of that court or the senior Justice or

judge of a panel of which the Chief Justice or Chief Judge is

not a member.

Cross reference: For the definition of a “senior judge” as used

in this Rule, see Rule 1-202 (aa)(1).

Source:

This Rule is derived from former Rule 16-109 a (2016.)

150

RULE 16-605

MARYLAND RULES OF PROCEDURE

TITLE 16 – COURT ADMINISTRATION

CHAPTER 600 – EXTENDED COVERAGE OF COURT PROCEEDINGS

AMEND Rule 16-605 by replacing “Court of Appeals or Court

of Special Appeals” with “Supreme Court or the Appellate Court”

in subsection (a)(4), as follows:

Rule 16-605.

(a)

ACTION ON REQUEST

When Permission Prohibited

. . .

(4) Consent of the parties is not required for extended

coverage of a proceeding in the Court of Appeals or Court of

Special Appeals Supreme Court or the Appellate Court, but any

party may, at any time, move to terminate or limit extended

coverage.

. . .

151

RULE 16-701

MARYLAND RULES OF PROCEDURE

TITLE 16 – COURT ADMINISTRATION

CHAPTER 700 – MISCELLANEOUS JUDICIAL UNITS

AMEND Rule 16-701 by replacing “Court of Appeals” with

“Supreme Court” in sections (a), (b), and (c), subsection

(d)(2), and section (g) and by replacing “Court of Special

Appeals” with “Appellate Court” in section (b), as follows:

Rule 16-701.

(a)

RULES COMMITTEE

Existence

There is a Standing Committee on Rules of Practice and

Procedure to assist the Court of Appeals Supreme Court in the

exercise of its Constitutional and statutory rule-making

authority.

Cross reference:

(b)

Code, Courts Article, § 13-301.

Membership

The Committee shall consist of one incumbent judge of the

Court of Special Appeals Appellate Court, three incumbent

circuit court judges, three incumbent judges of the District

Court, one member of the State Senate, one member of the House

of Delegates, one clerk of a circuit court, and such other

individuals determined by the Court of Appeals Supreme Court.

152

RULE 16-701

All members shall be appointed by the Court of Appeals Supreme

Court.

(c)

Chair and Vice Chair

The Court of Appeals Supreme Court shall designate one

member of the Committee as Chair of the Committee and may

designate one member as Vice Chair.

The Chair shall preside at

meetings of the Committee and, with the assistance of the

Reporter, generally supervise the work of the Committee.

The

Vice Chair shall perform the duties of the Chair in the absence

of the Chair.

(d)

Terms

(1) Generally

Except as otherwise provided in subsection (d)(2) of

this Rule, in an Order appointing or reappointing a member of

the Rules Committee effective on or after July 1, 2016:

. . .

(2) Members with No Terms

(A) The Chair and the members appointed from the State

Senate and the House of Delegates have no terms and serve at the

pleasure of the Court of Appeals Supreme Court.

(B) The State Court Administrator has no term.

. . .

(g)

Duties of Committee

153

RULE 16-701

The Rules Committee shall keep abreast of emerging trends

and new developments in the law that may affect practice and

procedure in the Maryland courts.

It shall review relevant new

legislation, Executive initiatives, judicial decisions, and

proposals from persons and groups interested in the Maryland

judicial system to determine whether any new Rules of Procedure

or changes to existing Rules may be advisable.

Unless the Court

of Appeals Supreme Court determines otherwise, every suggestion

made to it for the adoption, amendment, or rescission of a

Maryland Rule shall be referred to the Rules Committee for

consideration.

Source: This Rule is derived in part from former Rule 16-801

(b) (2016) and is in part new.

154

RULE 16-702

MARYLAND RULES OF PROCEDURE

TITLE 16 – COURT ADMINISTRATION

CHAPTER 700 – MISCELLANEOUS JUDICIAL UNITS

AMEND Rule 16-702 by replacing “Judge of the Court of

Appeals” with “Justice of the Supreme Court” in subsection

(d)(2), in the tagline of subsection (d)(3), and in subsection

(d)(3), as follows:

Rule 16-702.

CONFERENCE OF CIRCUIT JUDGES

. . .

(d)

Duties

. . .

(2) Consultants

With the approval of the Chief Judge of the Court of

Appeals Justice of the Supreme Court, the Conference may retain

consultants in matters relating to the circuit courts.

(3) Consultation With Chief Judge of the Court of Appeals

Justice of the Supreme Court

The Conference may nominate to the Chief Judge of the

Court of Appeals Justice of the Supreme Court circuit court

judges for membership on committees and bodies of interest to

the circuit courts.

(4) Majority Vote

155

RULE 16-702

The Conference and the Executive Committee of the

Conference each shall carry out its duties pursuant to a

majority vote of its authorized membership.

. . .

156

RULE 16-801

MARYLAND RULES OF PROCEDURE

TITLE 16 – COURT ADMINISTRATION

CHAPTER 800 – MISCELLANEOUS COURT ADMINISTRATION MATTERS

AMEND Rule 16-801 by replacing “Court of Appeals” with

“Supreme Court” in subsections (a)(1), (a)(4)(B), and (a)(4)(C)

and section (c); by replacing “Court of Special Appeals” with

“Appellate Court” in subsection (a)(1) and section (c); by

replacing “Judge” with “Justice” in subsection (a)(4)(B); and by

replacing “Judge of the Court of Appeals” with “Justice of the

Supreme Court” in section (c), as follows:

Rule 16-801.

COMPLIANCE WITH BUDGET, PROCUREMENT, AND PERSONNEL

STANDARDS

(a)

Applicability

This Rule applies to:

(1) the Office of Clerks of the Court of Appeals Supreme

Court, the Court of Special Appeals Appellate Court, and the

circuit courts,

(2) the District Court,

(3) the Administrative Office of the Courts, and

(4) units, other than courts, that are not part of the

Executive or Legislative Branch of the State; and

157

RULE 16-801

(A) that are funded, in whole or in part, through

appropriations to the Judicial Branch;

(B) whose budgets are subject to approval by the Court of

Appeals Supreme Court or the Chief Judge Justice of that Court;

Supreme Court, the Administrative Office of the Courts, or the

State Court Administrator.

. . .

(c)

Other Supervisory and Approval Authority

This Rule is not intended to limit any other supervisory

or approval authority of the Court of Appeals Supreme Court, the

Chief Judge of the Court of Appeals Justice of the Supreme

Court, the Chief Judge of the Court of Special Appeals Appellate

Court, the Chief Judge of the District Court, the Circuit and

County Administrative Judges of the Circuit Courts, the State

Court Administrator, or the Administrative Office of the Courts

over units of the Judiciary subject to that authority.

Source:

(2016).

This Rule is derived from former Rule 16-101 (e)

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RULE 16-802

MARYLAND RULES OF PROCEDURE

TITLE 16 – COURT ADMINISTRATION

CHAPTER 800 – MISCELLANEOUS COURT ADMINISTRATION MATTERS

AMEND Rule 16-802 by replacing “Court of Appeals” with

“Supreme Court” in sections (a), (b), and (c), subsections

(d)(1)(A) and (d)(2)(A), section (e), subsection (f)(2), and

section (h), as follows:

Rule 16-802.

(a)

PROMULGATION OF RULES

Report of Rules Committee

All recommendations by the Standing Committee on Rules of

Practice and Procedure for new Rules or changes to existing

Rules shall be transmitted to the Court of Appeals Supreme Court

in a consecutively numbered report or supplement thereto setting

forth the changes proposed and the reasons for the proposed

changes.

A proposed new Rule shall show in plain type the text

of the proposed Rule.

Proposed amendments to existing Rules

shall show in plain type the current Rule with proposed

deletions indicated by strikeouts and proposed additions

indicated by underlined language.

(b)

Posting of Report; Opportunity for Comment

The Reporter to the Committee shall cause all reports and

supplements to them that transmit proposed additions or changes

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RULE 16-802

to the Maryland Rules, together with the text of the changes

proposed, to be posted for comment on the Judiciary website.

Unless otherwise directed by the Court of Appeals Supreme Court,

the comment period ordinarily shall be 30 days.

(c)

Written Comments

Unless otherwise directed or approved by the Court of

Appeals Supreme Court, comments to proposed additions or changes

shall (1) be in writing, (2) identify the individual or group

making the comment, and (3) be sent to the Reporter to the

Committee within the time specified in the notice posted on the

Judiciary website.

At the conclusion of the comment period, the

Reporter shall collect and promptly transmit the comments to the

Court.

Comments not sent to the Reporter in accordance with

this section ordinarily will not be considered by the Court.

(d)

Court Proceedings

(1) Generally

(A) The Court of Appeals Supreme Court shall conduct all

proceedings involving the exercise of its authority under

Article IV, Section 18 (a) of the Maryland Constitution to adopt

or modify Rules of Procedure at a meeting open to the public.

The meeting may consist of a public hearing pursuant to

subsection (d)(2) of this Rule or be limited to specific

presentations invited by the Court and discussion and voting by

the Court.

The meeting may be in the courtroom, in the Court's

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RULE 16-802

conference room, or at any other suitable place designated by

the Court.

Advance notice of the meeting shall be given in the

manner designated by the Court.

(B) The Clerk of the Court shall serve as recording

secretary at all public hearings and open meetings.

The Clerk

shall monitor an audio recording of the proceedings, which the

Clerk shall retain as a permanent record and make available upon

request.

Recording of the proceedings by other persons in

attendance is prohibited.

doors to the court or conference room shall remain open at all

times during all public hearings and open meetings.

(2) Public Hearing

(A) Unless, for good cause, the Court of Appeals Supreme

Court orders otherwise, the Court, upon the expiration of any

comment period, shall hold a public hearing on all proposed

additions or changes to the Maryland Rules.

. . .

(e)

Rules Order

New Rules and the amendment or rescission of existing

Rules adopted by the Court of Appeals Supreme Court shall be by

a Rules Order of the Court.

(f)

Effective Date

(1) Stated in Rules Order

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RULE 16-802

The Rules Order shall state the effective date of the

changes and the extent to which those changes will apply to

proceedings pending on that date.

(2) Minimum Delay; Exception

Unless the Court of Appeals Supreme Court determines

that, due to exigent circumstances, Rules changes should take

effect sooner, Rules changes shall become effective no earlier

than the later of:

. . .

(h)

Record of Rules

The Clerk of the Court of Appeals Supreme Court shall

maintain a separate record designated as the “Maryland Rules of

Procedure,” which shall contain all Rules and amendments adopted

by the Court.

Source: This Rule is derived from former Rule 16-801 (c)

through (j) (2016).

162

RULE 16-803

MARYLAND RULES OF PROCEDURE

TITLE 16 – COURT ADMINISTRATION

CHAPTER 800 – MISCELLANEOUS COURT ADMINISTRATION MATTERS

AMEND Rule 16-803 by replacing “Judge of the Court of

Appeals” with “Justice of the Supreme Court” in sections (a) and

(b), by replacing “Court of Special Appeals” with “Appellate

Court” in section (a), and by replacing “Court of Appeals” with

“Supreme Court” in the Committee note following section (b), as

follows:

Rule 16-803.

(a)

CONTINUITY OF OPERATIONS PLAN

Duty to Prepare, Monitor, and Test

With the assistance of the Administrative Office of the

Courts, the Chief Judge of the Court of Appeals Justice of the

Supreme Court, the Chief Judge of the Court of Special Appeals

Appellate Court, the County Administrative Judge of each circuit

court in consultation with the Circuit Administrative Judge for

the judicial circuit, and the Chief Judge of the District Court

shall be responsible for:

(1) preparing a detailed plan for the continuity of

operations of their respective courts in the event of a public

emergency or catastrophic health emergency and assuring that the

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RULE 16-803

judges of their respective courts and other necessary judicial

and non-judicial personnel are familiar with the plan; and

(2) monitoring, periodically testing, and updating the plan

and certifying to the State Court Administrator on or before

January 1 and July 1 of each year that they have complied with

this section.

(b)

Conformance to AOC Guidelines and Emergency Orders

The plan shall conform to guidelines established by the

Administrative Office of the Courts and is subject to emergency

orders issued by the Chief Judge of the Court of Appeals Justice

of the Supreme Court pursuant to Rules 16-1001 through 16-1003.

The plan and any amendments to it shall be submitted to the

State Court Administrator.

Committee note: Jury plans are governed in part by Code, Courts

Article, Title 8, Subtitle 2, but the Court of Appeals Supreme

Court may adopt Rules to govern the provisions and

implementation of those plans. See Code, Courts Article, § 8202. Jury plans proposed by the circuit courts are subject to

approval by the Court of Appeals Supreme Court. See Code,

Courts Article, § 8-203.

164

RULE 16-804

MARYLAND RULES OF PROCEDURE

TITLE 16 – COURT ADMINISTRATION

CHAPTER 800 – MISCELLANEOUS COURT ADMINISTRATION MATTERS

AMEND Rule 16-804 by replacing “Court of Appeals” with

“Supreme Court” and “Court of Special Appeals” with “Appellate

Court” in subsection (d)(3), as follows:

Rule 16-804.

CONTINUANCES OR POSTPONEMENTS FOR CONFLICTING CASE

ASSIGNMENTS OR LEGISLATIVE DUTIES

. . .

(d)

Priorities Where Conflicting Assignments Exist

. . .

(3) Conflicts Between Appellate and Trial Court Proceedings

In the event of a conflict in a hearing or trial date or

time between an action or proceeding pending in (A) the Court of

Appeals of Maryland Supreme Court, the Court of Special Appeals

Appellate Court, or the United States Court of Appeals for the

Fourth Circuit, and (B) a Federal or State trial court, the

appellate proceeding shall be given priority over the trial

court proceeding unless otherwise agreed by the respective

appellate and trial courts.

. . .

165

RULE 16-806

MARYLAND RULES OF PROCEDURE

TITLE 16 – COURT ADMINISTRATION

CHAPTER 800 – MISCELLANEOUS COURT ADMINISTRATION MATTERS

AMEND Rule 16-806 by replacing “Judge of the Court of

Appeals” with “Justice of the Supreme Court” in the tagline of

section (c) and in section (c) and by replacing “Judge” with

“Justice” in section (c), as follows:

Rule 16-806.

JUDICIAL PERSONNEL POLICIES AND PROCEDURES

. . .

(c)

Approval by Chief Judge of the Court of Appeals Justice

of the Supreme Court

The State Court Administrator or the county

administrative judge who developed the policies and procedures

required by this Rule shall submit them for consideration by the

Chief Judge of the Court of Appeals Justice of the Supreme

Court.

The policies and procedures shall take effect upon

approval as directed by the Chief Judge Justice.

Source:

This Rule is new.

166

RULE 16-902

MARYLAND RULES OF PROCEDURE

TITLE 16 – COURT ADMINISTRATION

CHAPTER 900 – ACCESS TO JUDICIAL RECORDS

DIVISION 1. GENERAL PROVISIONS

AMEND Rule 16-902 by replacing “Court of Appeals” with

“Supreme Court” in section (a) and the Committee note following

section (a) and by updating a reference in the Committee note

following section (a), as follows:

Rule 16-902.

(a)

PREAMBLE

Constitutional Authority

Article IV, § 18(a) of the Md. Constitution authorizes

the Court of Appeals Supreme Court to adopt Rules concerning the

practice and procedure in and the administration of the courts

of this State that have the force of law.

Control over access

to judicial records in the custody of judicial agencies, special

judicial units, or judicial personnel is an integral part of the

practice and procedure in and administration of the courts.

Committee note: The Public Information Act (Code, General

Provisions Article, § 4-301(a)(2)(iii)) recognizes that

authority by requiring a custodian of a public record to deny

inspection of a public record if inspection would be contrary to

a Rule adopted by the Court of Appeals Supreme Court.

. . .

167

RULE 16-903

MARYLAND RULES OF PROCEDURE

TITLE 16 – COURT ADMINISTRATION

CHAPTER 900 – ACCESS TO JUDICIAL RECORDS

DIVISION 1. GENERAL PROVISIONS

AMEND Rule 16-903 by replacing “Court of Appeals” with

“Supreme Court” in subsection (a)(2)(B), subsection (b)(2)(I),

and section (f); by replacing a reference to the Chief Judge of

the Court of Appeals with a reference to the Chief Justice of

the Supreme Court in subsection (b)(2)(I); by replacing “Court

of Special Appeals” with “Appellate Court of Maryland” in

section (f); and by adding “of Maryland” after “circuit court”

in section (f), as follows:

Rule 16-903.

DEFINITIONS

In this Chapter, the following definitions apply except as

otherwise expressly provided or as necessary implication

requires:

(a)

Access; Remote Access

(1) Access

“Access” means the right to inspect, search, or obtain a

copy of a judicial record.

“Access” and “Inspection” are used

interchangeably.

Cross reference: For courthouse computer terminals or kiosks

available for use by the public, see Rule 16-918 (c).

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RULE 16-903

(2) Remote Access

(A) Generally

“Remote access” means the ability to inspect, search,

or obtain a copy of a judicial record by electronic means from a

device not under the control of the Maryland Judiciary.

(B) Case Records

Remote access to information in case records means

access through the CaseSearch program operated by the

Administrative Office of the Courts or through the MDEC System

established by the Court of Appeals Supreme Court.

Access to

electronic case records through a terminal or kiosk located in a

courthouse of the District Court, a circuit court, or an

appellate court of this State and made available by the court

for public access does not constitute remote access.

Cross reference:

See Title 20 of the Maryland Rules.

. . .

(b)

Administrative Record

. . .

(2)

“Administrative record” includes:

. . .

(I) policies, procedures, and plans adopted or approved by

the SCA, the Court of Appeals Supreme Court, the Chief Judge

Justice of that Court, the administrative judge of a circuit

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RULE 16-903

court, the Chief Judge of the District Court, an orphans' court,

or a register of wills pursuant to the Maryland Constitution, a

Maryland Rule, or a statute;

. . .

(f)

Court

“Court” means the Court of Appeals Supreme Court of

Maryland, the Court of Special Appeals Appellate Court of

Maryland, a circuit court of Maryland, the District Court of

Maryland, and an orphans' court of Maryland.

. . .

170

RULE 16-911

MARYLAND RULES OF PROCEDURE

TITLE 16 – COURT ADMINISTRATION

CHAPTER 900 – ACCESS TO JUDICIAL RECORDS

DIVISION 2. LIMITATIONS ON ACCESS

AMEND Rule 16-911 by replacing “Court of Appeals” with

“Supreme Court” in subsection (a)(4) and the Committee note

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

follows:

Rule 16-911.

(a)

REQUIRED DENIAL OF INSPECTION — IN GENERAL

When Inspection Would be Contrary to Federal Law, Certain

Maryland Law, Maryland Rules, or Court Order

A custodian shall deny inspection of a judicial record or

any part of a judicial record if inspection would be contrary

to:

(1) the Constitution of the United States, a Federal

statute, or a Federal regulation adopted under a Federal statute

and that has the force of law;

(2) the Maryland Constitution;

(3) a provision of the PIA that is made applicable to

judicial records by the Rules in this Chapter;

(4) a Rule adopted by the Court of Appeals Supreme Court; or

. . .

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RULE 16-911

(f)

Security of Judicial Facilities, Equipment, Operations,

Personnel

A custodian shall deny inspection of:

(1) a continuity of operations plan; and

(2) judicial records or parts of judicial records that

consist of or describe policies, procedures, directives, or

designs pertaining to the security or safety of judicial

facilities, equipment, operations, or personnel, or of the

members of the public while in or in proximity to judicial

facilities or equipment.

Cross reference: For an example of a statute enacted by the

General Assembly other than the PIA that restricts inspection of

a case record, see Code, Criminal Procedure Article, Title 10,

Subtitle 3.

Committee note: Subsection (a)(5) of this Rule allows a court

to seal a record or otherwise preclude its disclosure. So long

as a judicial record is under seal or subject to an order

precluding or limiting disclosure, it may not be disclosed

except in conformance with the court's order. The authority to

seal a judicial record must be exercised in conformance with the

general policy of these Rules an

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