# STANDING COMMITTEE ON RULES OF PRACTICE AND PROCEDURE > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/court_rules%3Amd%3A504f72f430429ff2 ## Record - **Collection:** Court rules - **Document type:** Court rule ## Text STANDING COMMITTEE ON RULES OF PRACTICE AND PROCEDURE NOTICE OF PROPOSED RULES CHANGES The Rules Committee has submitted its Two Hundred and Sixth Report to the Court of Appeals, transmitting thereby proposed new Rules 4-333.1, 5-617, 6-418, and 6-423; amendments to current Rules 1-311, 2-644, 2-704, 3-513, 3-644, 3-722, 3-731, 4-211, 4-216.1, 4-231, 4-253, 4-262, 4-263, 4-325, 4-331, 4-345, 4-351, 4-601.1, 4-612, 5-611, 5-615, 6-107, 6-209, 6-311, 6-411, 6-413, 6-416, 6-434, 6-455, 6-501, 9-206, 9-308, 10-108, 10-112, 10-202, 10-301, 14-204, 14-305, 15-504, 15-1302, 16-109, 16-702, 16-913, 16-914, 16-915, 16-934, 18-402, 18-404, 18-407, 18-425, 18-437, 19-202, 19-205, 19-206, 19-207, 19-210, 19-215, 19-216, 19-217, 19-801, and 20-107; and amendments to Forms 19-A.1 and Form 19-A.2. The Committee’s Two Hundred and Sixth 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 December 30, 2020 any written comments they may wish to make to: Sandra F. Haines, Esquire Reporter, Rules Committee Judiciary A-POD 580 Taylor Avenue Annapolis, Maryland 21401 Suzanne Johnson Clerk Court of Appeals of Maryland 2 November 30, 2020 The Honorable Mary Ellen Barbera, Chief Judge The Honorable Robert N. McDonald The Honorable Shirley M. Watts The Honorable Michele D. Hotten The Honorable Joseph M. Getty The Honorable Brynja M. Booth The Honorable Jonathan Biran, Judges The Court of Appeals of Maryland Robert C. Murphy Courts of Appeal Building Annapolis, Maryland 21401 Your Honors: The Rules Committee submits this, its Two Hundredth and Sixth Report, and recommends that the Court adopt the new Rules and amendments to existing Rules transmitted with this Report. The proposed changes fall into thirteen categories. Category 1 consists of Rules changes required or helpful in implementing legislation enacted by the General Assembly in its 2019 and 2020 Session, as follows. Rule 4-612. The proposed amendments to Rule 4-612 implement 2020 Laws, Chapter 223, which deals with cell site simulators, sometimes referred to as Stingrays. A copy of the Session Law is attached as APPENDIX A. Rule 4-612 currently provides for a court order authorizing law enforcement officers to obtain location information from an electronic device. The proposed amendments apply the procedures in that Rule to the use of cell cite simulators. Cell site simulators are portable devices that mimic or masquerade as a cell tower. They intercept and capture identifying information regarding electronic devices located within range of the simulator that otherwise would be captured by the nearest cell tower. The thrust of the statute is to require a court order based on a showing of probable cause for law enforcement 3 officers to use those devices. The statute uses the term “court order” rather than “warrant.” The statute and the Rule contain certain requirements for an application for such an Order and for the Order itself. Rules 4-331, 4-333.1, and 4-345. Rule 4-333.1 is a new Rule. That Rule and the proposed amendments to Rule 4-331 implement 2020 Laws, Chapters 126 and 127 that expand the list of offenses for which a court may vacate a sentence upon a finding that the defendant was a victim of human trafficking when the offense was committed. The amendment to a crossreference in Rule 4-345 is a conforming one. Amendments to Rule 4-263 that implement 2020 Laws, Chapter 282, pertaining to disclosure of benefits to in-custody witnesses, have been blended into the amendments to that Rule contained in Category 4 and are not separately set out in the Category 1 transmittals. Rule 4-216.1. The amendments to Rule 4-216.1 implement 2020 Laws, Chapter 41 that defines and governs pretrial risk scoring instruments (currently known as “risk assessment tools”). The statute takes effect July 1, 2021. The Rules Committee included it in this Report so that it is not overlooked. The Court may wish to give that Rule a July 1, 2021 effective date. Rules 10-202, 10-112, and 10-301. The amendments to Rule 10-202 implement 2020 Laws, Chapter 568, which adds nurse practitioners to the list of individuals who, together with a licensed physician, can examine or evaluate alleged disabled persons for purposes of guardianship proceedings. The amendments to Rules 10-112 and 10-301 are conforming ones. Rules 3-731 and 9-308. The amendments to Rules 3-731 and 9-308 implement 2020 Laws, Chapters 134 and 135, which (1) permit a six-month extension of final peace orders, and (2) automatically extend the term of a final peace order or final protective order if a timely motion to extend the term has been filed but a hearing on the motion cannot be held before the expiration date. The automatic extension lasts until the hearing is held. Rule 9-206. The amendments to Rule 9-206 implement 2020 Laws, Chapters 142 and 143, which adjust the child support guidelines when there is a shared physical custody arrangement. 4 Rules 5-611 and 5-615. The amendments to Rules 5-611 and 5-615 add a cross reference to the Court Dog and Child Witness Program created by 2020 Laws, Chapters 161 and 162. Rule 6-423. New Rule 6-423 implements 2020 Laws, Chapter 543 dealing with the distribution of a check for less than $1,000 discovered after an estate has been closed. Rules 6-107, 6-411, 6-413, 6-416, 6-418, and 6-434. The amendments to these Rules implement 2020 Laws, Chapter 435, which alters the laws dealing with a surviving spouse’s right to claim a statutory elective share of a decedent’s estate and the manner of calculating that share. In drafting these amendments, the Committee considered the need for, and drafted, additional Rules dealing with the situation in which the decedent also had created a revocable trust. We were asked to defer approval of those Rules, however, to allow consideration of them by the Registers of Wills, who will be discussing them at their next scheduled meeting in January. Although there is some overlap between the two sets of Rules, the Committee believes that the Rules submitted in this Report can be considered by the Court on their own and, because the changes made in Chapter 435 are now in effect and significant, these Rules should be presented now. The amendments to Rule 6-411 provide the procedure and forms for electing a statutory share. The amendments to Rule 6413 make clear that, except in a small estate proceeding, a claim properly presented against the Estate preserves a claim against the property of a revocable trust and requires the personal representative with knowledge of a revocable trust created by the decedent to notify the trustee of the claim. Chapter 435 provides for cross-notices among the personal representative, the trustee, a surviving spouse, and the person responsible for preparing the estate tax return. The amendments to Rule 6-416 deal with the determination of attorneys’ fees when a surviving spouse elects a statutory share. New Rule 6418 provides for the certification of the value of an elective share. The amendments to Rule 6-434 provide for transmitting elective share issues to a circuit court. Rules 16-915, 10-108, 15-1302, and 16-934. Amendments to Rule 16-915 implement 2020 Laws, Chapter 539, requiring that certain identifying information regarding a witness in a criminal or juvenile delinquency case be shielded upon request by the witness or the State and that similar information regarding a victim be shielded on request by the State. The amendments to the other Rules are conforming ones. 5 Category 2 consists of Rules regarding attorneys requested by the State Board of Law Examiners (SBLE) or the Administrative Office of the Courts (AOC). Rule 19-217 and Forms 19-A.1 and 19-A.2. The amendments to Rule 19-217 and the two Forms were requested by AOC. They expand the information that must be provided by attorneys seeking pro hac vice admission. Rules 1-311 and 20-107. The amendments to Rules 1-311 and 20-107 also were requested by AOC. They require attorneys to use the ID number registered with the Attorney Information System. Rules 19-202 and 19-205. The amendments to these Rules, requested by SBLE, permits an applicant for bar admission to withdraw a character questionnaire, which would operate to withdraw as well the application for admission. Rules 19-206, 19-207, 19-210, 19-215, and 19-216. The amendments to Rules 19-206 and 19-207, requested by SBLE, adjust the timing requirements for filing notices of intent to take the Uniform Bar Examination in Maryland and to transfer a qualifying score on the UBE. The amendments to the other Rules are conforming or housekeeping ones. Category 3. Rule 16-913 New section (e) addresses a problem brought to the Committee’s attention by AOC. It mostly involves committees, subcommittees, and work groups of the Judicial Council but affects several other Judicial agencies as well. The problem stems from a tacit decision of the Court of Appeals in 1977, as a matter of judicial policy, to require judicial agencies to follow transparency rules similar to those that govern Executive Branch agencies under the Open Meetings Law (OML). To the extent that the judicial agency would be considered a “public body” under that law and exercises an “advisory function,” that means that, subject to the exceptions stated in the OML, its meetings must be open to the public, it must give public notice of its agendas, and it must keep minutes accessible to the public. For 43 years, judicial agencies generally have complied with that policy. That policy is explicit with respect to the Judicial Council. The Council is created by Rule 16-110 which, in section (d) makes clear that its function is strictly an advisory one. More significant, section (f) requires that its 6 meetings be open to the public, that notice of its meetings be posted on the Judiciary website, and that it keep minutes that also are posted on the Judiciary website. The Judicial Council operates, in large part, through committees, subcommittees, and work groups that the Council creates. Those units would not constitute public bodies under OML because they were not created by statute, Rule, or Executive Order. They are not required to hold open meetings or post public notice of their meetings and do not do so; nor are they required by law to keep minutes of their meetings, but they do create minutes and wish to continue doing so. A question has been raised whether those minutes, which would constitute a judicial administrative record, may be subject to public inspection under the Access to Judicial Records Rules in Chapter 900 of Title 16. AOC desires, and the Rules Committee believes, that those minutes, of non-public meetings, should not be open to public inspection unless the unit desires to make a public disclosure of something it did. The basis for that is that the meeting itself was not open and not required to be open and that any recommendations from a committee, subcommittee, or work group will be presented to the Judicial Council and will become publicly accessible at that point. Category 4. Eyewitness Identification Evidence This Category consists of amendments to Rules 4-262, 4-263, and 4-325 and new Rule 5-617. It emanates from issues raised, in part determined, and in part left open in Small v. State, 464 Md. 68 (2019). The Court in that case confirmed a continued adherence to the five factors set forth in Manson v. Brathwaite, 432 U.S. 98 (1977), Neil v. Biggers, 409 U.S. 188 (1972), and Jones v. State, 310 Md. 569 (1987) for assessing whether eyewitness identification evidence offered by the State in a criminal case is so unreliable that its admission would violate due process of law; namely: • The opportunity of the witness to view the criminal at the time of the crime; • The witness’s degree of attention; • The accuracy of the witness’s prior description of the criminal; 7 • The level of certainty demonstrated by the witness at the confrontation; and • The length of time between the crime and the confrontation. In a Concurring Opinion, three judges of the Court expressed the view that some of those criteria were outdated and had been shown by recent studies and case law in other States to be factually inaccurate, misleading, or incomplete and asked that the Rules Committee craft Rules that would take account of the recent scientific evidence and judicial decisions elsewhere. The decision in Small was a Constitutional one – what standards should apply under a due process analysis in determining the admissibility of an eyewitness identification evidence claimed to be sufficiently unreliable as “to create a very substantial likelihood that the witness misidentified the culprit.” 464 Md. at 93. The Court did not appear to make any holding as to whether, or which, other factors shown to affect memory or the reliability of eyewitness identifications should be considered (1) by a court in determining admissibility as a matter of State evidence law, or (2) by the trier of fact in determining whether to credit the identification if the court does admit it. The Court’s holding that the Manson-Biggers factors sufficed for due process purposes was taken by the Rules Committee to limit any review by it to a sub-Constitutional State law analysis. At the request of the Concurring judges and with the assistance of representatives of the Innocence Project, both nationally and at the University of Baltimore Law School, the Criminal Pattern Jury Instruction Committee of the Maryland State Bar Association, and others, the Committee did undertake a study of the scientific literature and emerging caselaw in other States to consider whether additional factors, not inconsistent with those required by the Court for due process purposes, should be applied (1) for purposes of determining admissibility as a matter of Maryland evidence law, and (2) in developing appropriate pattern jury instructions in cases where the evidence was admitted. Without reciting all of the detail, much of which the Court was aware of in deciding Small, the scientific literature, the emerging caselaw, and statutes enacted by the Maryland General Assembly have identified two categories of factors that have been shown to affect human memory and the reliability of 8 eyewitness identifications. They are generally denominated as “system variables” and “estimator variables.” System variables are those that are within the State’s control and deal mostly with how an identification procedure – a line-up, a show-up, a photo array – was conducted by a law enforcement agency. Estimator variables are beyond the control of the criminal justice system, are more random and particular to the circumstances of the identification, and include such things as stress on the part of the witness, lighting, distance, and obstructions at the time of the identification, focus by the witness on a weapon rather than the face of the perpetrator, and, at least to some, uncertainties in the reliability of cross-racial identifications. In 1999, the U.S. Department of Justice (DOJ) issued guidelines for law enforcement agencies that were intended to “integrate a growing body of psychological knowledge regarding eyewitness evidence with the practical demands of day-to-day enforcement.” See Eyewitness Evidence: A Guide for Law Enforcement, U.S. Department of Justice (October 1999). The Guidelines covered such things as answering 911 calls in a nonsuggestive manner, instructing witnesses to avoid discussing the incident with other witnesses, preparing mug books, instructing witnesses prior to conducting an identification procedure, documenting the procedure, recording witness recollections and identification results, and composing lineups and conducting show-ups. Although those guidelines were not intended by DOJ as a legal mandate, in 2007, the General Assembly enacted § 3-506 of the Public Safety Article (PS), which required each law enforcement agency in the State to adopt written policies that complied with DOJ standards on accurate eyewitness identification. Following the decision in State v. Henderson, 27 A.3d 872 (N.J. 2011) and similar decisions in Alaska and Connecticut, the Legislature enacted PS § 3-506.1 that set forth certain specific requirements for eyewitness identification procedures and amended § 3-506 to require every law enforcement agency in the State to adopt a written policy that complies either with § 3-506.1. or with the Police Training Commission’s Eyewitness Identification Model Policy. Those legislative mandates deal with System Variables. The Small Court took note of those statutes but determined that they were not intended to “dismantle [the Court’s long standing due process jurisprudence.” Small, 464 Md. at 86, n. 18 (emphasis added). 9 The debate in the Rules Committee was not so much over the genuineness of the various system or estimator variables – whether they truly had an impact on the suggestiveness of an eyewitness identification procedure or the reliability of the actual identification. The Committee accepted the growing scientific consensus and emerging case law that they could and, at least as to some of them, likely did. The issue, rather, was whether they should be the subject of jury instructions rather than rulemaking. Partly in that context, the Committee worked closely with the MSBA Criminal Pattern Jury Instruction Committee, which has drafted and approved a set of jury instructions dealing mostly with the estimator variables. The Committee saw a need for Rules in three areas: • First, in the discovery Rules (Rules 4-262 and 4-263), to assure that the State’s current obligation to disclose “all relevant material or information regarding . . . pretrial identification of the defendant by a State’s witness” includes the information required by PS §§ 3-506 and 3-506.1 (the system variables) and documents or other evidence indicating compliance or non-compliance with those requirements. The basis for that is the recognition that significant non-compliance with the statutory mandate may be grounds for a motion to suppress the identification as sufficiently suggestive to be unreliable and inadmissible as a matter of Maryland evidence law, retaining the factors confirmed in Small as applicable to a due process challenge; • Second, new Rule 5-617, directing the court, in determining whether eyewitness identification evidence is suggestive or reliable for purposes of admissibility, to consider whether there was substantial compliance with the requirements of PS §§ 3-506 and 3-506.1; and • Third, a new section (e) to Rule 4-325, directing that, if pretrial eyewitness identification evidence obtained with the participation of a law enforcement agency has been admitted, the court, upon request, shall instruct the jury, as relevant, that, in considering the reliability of the identification, the jury shall consider evidence of (1) whether there was compliance with the requirements of PS §§ 3-506 and 3-506.1; and (2) evidence of any other factor that reasonably may bear on the reliability of the identification. With respect to that third requirement, the Committee had before it the draft of pattern jury instructions drafted by the 10 MSBA Criminal Pattern Jury Instruction Committee, a copy of which is attached as APPENDIX B. The Committee’s view is that these four Rules are purely procedural ones designed to make the identification procedure more transparent, give credence, as a matter of State law, to the statutory mandates regarding system variables, and, through jury instructions (which the court can apply to itself in a nonjury case), to give appropriate guidance in determining the ultimate reliability/credibility of the identification. Although many of the estimator variables have achieved widespread acceptance in the courts, not all of them have. The science is ongoing, which the Pattern Jury Instruction Committee can monitor. The Committee considered whether to make any recommendation regarding the allowance of expert testimony regarding the system or estimator variables but decided to leave that to the trial court’s discretion guided by Rule 5-702 and the caselaw interpreting that Rule. Category 5. Miscellaneous – Title 2 Rules Rule 2-644. The amendment to Rule 2-644 corrects a crossreference. Rule 2-704. The amendment to Rule 2-704 (d) gives the court discretion in scheduling the presentation of evidence regarding an attorneys’ fee award permitted as an element of damages. Where attorneys’ fees are part of the party’s damages, evidence regarding the amount of those fees ordinarily must be presented as part of the party’s case-in-chief, but there may be circumstances in which it would be more efficient to defer that evidence until the party has established an entitlement to such fees. See Rule 2-703 (c)(1) governing attorneys’ fees allowed by law. Category 6. Miscellaneous – Title 3 Rules Rules 3-644 and 3-722. references. The amendments update cross Rule 3-513. Rule 3-513 deals with testimony by telephone. The proposed amendment deletes what, with the massive predominance of cell phones, are essentially obsolete references to wired handsets, wireless handsets connected to a land line, and speaker phones. 11 Category 7. Title 4 Rules Rule 4-211. Rule 4-201 (a) provides that an offense shall be tried only on a charging document which, in the District Court, includes a citation when authorized by statute. Rule 4211 (a) requires that the original of a citation shall be filed in the District Court promptly after its issuance and service. Nearly all traffic citations are now issued in electronic form, and, although the driver receives a paper copy, it is the electronic data that is uploaded to the District Court. A question has arisen as to whether that electronic data qualifies as a charging document. See State v. Cornish (Circ. Ct. for Wicomico Co., Case No. C-22-CR-000033) attached as APPENDIX C. The proposed amendment to Rule 4-211 (a), requested by the Chief Judge of the District Court, is intended to resolve that issue. Rule 4-231. New section (e) permits the Circuit Courts to conduct an initial appearance and a review of a District Court’s pretrial release decision remotely in accordance with Rule 2-804 but requires that a defendant’s right to an attorney and an interpreter and a victim’s right to be present not be infringed. The amendments to section (d) update a cross reference. Rule 4-351. The amendment clarifies that the court may correct a commitment record at any time on motion or, after notice to the parties and an opportunity to object, on the court’s own initiative and adds a cross reference to Bratt v. State, 468 Md. 481 (2020). Rule 4-253. The amendment adds a reference to Hemming v, State, 469 Md. 219 (2020). Rule 4-601.1. The amendment expands the Rule to permit courts to entertain applications and enter orders, except for wiretaps, by electronic means. The Rule currently is limited to orders for pen registers and trap and trace devices. Category 8. Title 6 Rules Rules 6-209, 6-311, 6-455, and 6-501. these Rules are updating ones. The amendments to Category 9. Title 14 Rules Rule 14-305. New section (c) is in the nature of an anticonflict-of-interest provision. It requires an auctioneer at a foreclosure of judicial sale to file an affidavit that (1) it has not paid any compensation to anyone for hiring the 12 auctioneer, (2) it has no interest in the property sold other than a lawful fee for conducting the sale, and (3) it has no agreement to conduct or assist in conducting a resale of the property other than a resale ordered by the court. Rule 14-204. The amendment clarifies that the priority of filing a foreclosure action is limited to fractional owners of the same lien instrument and not junior lienholders. Category 10. Title 15 Rule Rule 15-504. Section (a) is amended to take account of the Court’s decision in Fuller v. Republican Cent. Comm., 444 Md. 613, 635-36 (2015) regarding the facts that must be shown to justify the grant of a temporary restraining order. Category 11. Title 16 Rules Rule 16-109. The amendment to Rule 16-109 recognizes that, traditionally, the educational programs conducted during meetings of the Judicial Conferences have been under the auspices of the educational unit of the Judiciary created by Administrative Order of the Chief Judge of the Court of Appeals, which currently is the Judicial College. Rule 16-702. The amendment to Rule 16-702 removes the Executive Committee of the Conference of Circuit Judges from the Rule but authorizes the Conference to appoint such a committee. Rule 16-914. A cross-reference has been corrected. Category 12. Title 18 Rules Rule 18-402. Rule 18-402 defines a judge’s “address of record” for purposes of Judicial Disabilities Commission proceedings as the judge’s current home address or another address designated in writing by the judge. All Maryland judges, except some judges of the Orphans’ Courts are attorneys who must register a preferred address with the Attorney Information System (AIS) and keep that address current. See Rule 19-802. The amendment clarifies that, if the judge is an attorney, the address of record is the address designated by the judge with AIS. Rule 18-404. The proposed amendments to Rule 18-404, requested by the Judicial Disabilities Commission (JDC), deal with the place and method of service of a Statement of Charges and other documents in a JDC proceeding. 13 Rule 18-407. The amendment to 18-407 is derived from a proposal by JDC. It allows the Commission, when a judge resigns or voluntarily retires prior to the resolution of a complaint against the judge, to provide to Bar Counsel information pertaining to conduct by the judge that may constitute a violation of the Rules of Professional Conduct that raises a substantial question as to the judge’s honesty, trustworthiness, or fitness as an attorney. Rule 18-425. The amendment to Rule 18-425 provides consistency with Rule 18-422 (a)(4)(f), that, if a judge has not requested notice of a complaint filed with JDC, the judge will not be notified that a complaint has been dismissed without a letter of cautionary advice. Rule 18-437. At the request of JDC, the time for responding to exceptions filed to a JDC Report in the Court of Appeals is increased from 15 days to 30 days. Category 13. Title 19 Rule Rule 19-801. Rule 19-801 is amended to add the Attorney Grievance Commission, Bar Counsel, the Commission on Judicial Disabilities, and Investigative Counsel as a “constituent agency” for purposes of the Attorney Information System. For the further guidance of the Court and the public, following the proposed new Rules and the proposed amendments to each of the existing Rules is a Reporter’s note describing in further detail the reasons for the proposals. We caution that the Reporter’s notes are not part of the Rules, have not been debated or approved by the Committee, and are not to be regarded as any kind of official comment or interpretation. They are included solely to assist the Court in understanding some of the reasons for the proposed changes. Respectfully submitted, Alan M. Wilner Chair AMW:wlp cc: Suzanne C. Johnson, Clerk 14 RULE 4-612 MARYLAND RULES OF PROCEDURE TITLE 4 – CRIMINAL CAUSES CHAPTER 600 – CRIMINAL INVESTIGATIONS AND MISCELLANEOUS PROVISIONS AMEND Rule 4-612 to include cell site simulators in the title and section (b) of the Rule, as follows: RULE 4-612. ORDER FOR CELL SITE SIMULATOR OR ELECTRONIC DEVICE LOCATION INFORMATION (a) Definitions The definitions in Code, Criminal Procedure Article, § 1- 203.1 (a) apply in this Rule. (b) Issuance of Order A court may issue an order authorizing or directing a law enforcement officer to use a cell site simulator or obtain location information from an electronic device if there is probable cause to believe that a misdemeanor or felony has been or will be committed by the owner or user of the electronic device or by an individual about whom the information sought by the cell site simulator or the location information is being sought, and the information sought by the cell site simulator or the location information being sought (1) is evidence of or will lead to evidence of the misdemeanor or felony being investigated or (2) 15 RULE 4-612 will lead to the apprehension of an individual for whom an arrest warrant has been previously issued. The application for the order, the order issued, and the notice of the order shall conform to the requirements of Code, Criminal Procedure Article, § 1-203.1. Source: This Rule is new. REPORTER’S NOTE Chapter 223, 2020 Laws of Maryland (SB 246) adds to Code, Criminal Procedure Article, § 1-203.1 provisions that permit a court to issue an order authorizing or directing a law enforcement officer to use a cell site simulator. Proposed amendments to Rule 4-612 add references to cell site simulators to conform the Rule to the revised statute. 16 RULE 4-331 MARYLAND RULES OF PROCEDURE TITLE 4 – CRIMINAL CAUSES CHAPTER 300 – TRIAL AND SENTENCING AMEND Rule 4-331 to delete subsection (b)(2) regarding motions filed pursuant to Code, Criminal Procedure Article, § 8302 and to re-letter subsections (b)(1)(A) and (b)(1)(2) as (b)(1) and (b)(2), as follows: RULE 4-331. (a) MOTIONS FOR NEW TRIAL; REVISORY POWER Within Ten Days of Verdict On motion of the defendant filed within ten days after a verdict, the court, in the interest of justice, may order a new trial. Cross reference: For the effect of a motion under this section on the time for appeal see Rules 7-104(b) and 8-202(b). (b) Revisory Power (1) Generally The court has revisory power and control over the judgment to set aside an unjust or improper verdict and grant a new trial: (A)(1) in the District Court, on motion filed within 90 days after its imposition of sentence if an appeal has not been perfected; 17 RULE 4-331 (B)(2) in the circuit courts, on motion filed within 90 days after its imposition of sentence. Thereafter, the court has revisory power and control over the judgment in case of fraud, mistake, or irregularity. (2) Act of Prostitution While Under Duress On motion filed pursuant to Code, Criminal Procedure Article, § 8-302, the court has revisory power and control over a judgment of conviction of prostitution to vacate the judgment, modify the sentence, or grant a new trial. . . . REPORTER’S NOTE As noted in the Reporter’s note to Rule 4-333.1, amendments to Code, Criminal Procedure Article, § 8-302 became effective on June 1, 2020. The amended provisions of § 8-302 are incorporated into new Rule 4-333.1. Amendments to Rule 4-331 are therefore proposed to reflect that the provisions of § 8-302 are no longer addressed by the Rule. Proposed amendments to Rule 4-331 delete subsection (b)(2) and re-letter subsections (b)(1)(A) and (b)(1)(2) as (b)(1) and (b)(2) respectively. 18 RULE 4-333.1 MARYLAND RULES OF PROCEDURE TITLE 4 – CRIMINAL CAUSES CHAPTER 300 – TRIAL AND SENTENCING ADD NEW Rule 4-333.1, as follows: RULE 4-333.1. MOTION TO VACATE JUDGMENT OF CONVICTION OF HUMAN TRAFFICKING VICTIM (a) Scope This Rule applies to a motion to vacate a judgment of conviction filed by an individual convicted of a qualifying offense pursuant to Code, Criminal Procedure Article, § 8-302 if the individual’s participation in the offense was a direct result of being a victim of human trafficking. (b) Timing The motion shall be filed within a reasonable period of time after the conviction. (c) Content The motion shall: (1) be in writing; and (2) describe the evidence and include copies of any documents showing that the movant is entitled to relief under Code, Criminal Procedure Article, § 8-302. 19 RULE 4-333.1 (d) Notice The motion shall be: (1) served on the State’s Attorney for the jurisdiction where the conviction for the qualifying offense occurred; and (2) if the qualifying offense occurred within five years before the filing of the motion, mailed to any victim’s or victim’s representative’s last known address. (e) Disposition without a hearing (1) The Court may dismiss a motion filed under this section without a hearing if: (i) The motion fails to assert grounds on which relief may be granted; (ii) The motion offers no additional evidence beyond that which has previously been considered by the Court; or (iii) The movant acted fraudulently or in bad faith in filing the motion. (2) The Court may grant a motion filed under this section without a hearing if: (i) The State’s Attorney consents to the motion; (ii) No objection has been filed by a victim or victim’s representative; and (iii) At least 60 days have elapsed since notice and service of the motion. (f) Disposition 20 RULE 4-333.1 The Court may grant a motion filed under this section on finding by a preponderance of the evidence that the movant’s participation in the qualifying offense was a direct result of being a victim of human trafficking. The court shall state the reasons for its ruling on the record. REPORTER’S NOTE Chapters 126/127, 2020 Laws of Maryland, (HB 242/SB 206), effective June 1, 2020, modified Code, Criminal Procedure Article, § 8-302. The statute previously permitted the court to vacate a conviction, modify the sentence, or grant a new trial if a person convicted of prostitution was acting under duress caused by the act of another committed in violation of Title 3, Subtitle 11 of the Criminal Law Article or in violation of the prohibition against human trafficking. The amendments to § 8302 provide a list of additional qualifying offenses that may now be vacated by motion if participation in the offense was the direct result of being a victim of human trafficking. The revised statute also removes language permitting the court to modify the sentence or grant a new trial based on the motion, providing only that the court shall vacate the conviction if the motion is granted. The provisions of former Code, Criminal Procedure Article, § 8-302 are currently incorporated into Rule 4-331. Rule 4-331, however, deals primarily with the court’s ability to order a new trial and exercise revisory power, containing only brief references to vacating a conviction. Rule 4-333, in contrast, addresses vacating convictions, but applies only to motions filed by the State’s Attorney. Criminal Procedure Article, § 8302 directs the court to vacate a conviction, but no longer permits ordering a new trial or modifying a sentence. A motion pursuant to § 8-302 is filed by the defendant. Accordingly, new Rule 4-333.1 is proposed to address motions to vacate convictions of qualifying offenses filed by the defendant because he or she was a victim of human trafficking. 21 RULE 4-333.1 Section (a) sets forth the scope of Rule 4-333.1. Section (b) states that the motion shall be filed within a reasonable period of time after the conviction. Content requirements for the motion are set forth in section (c). Notice requirements for the motion are explained in section (d). Section (e) provides the circumstances under which the court may dismiss or grant the motion without a hearing. Section (f) provides that the court may grant a motion filed under this section on finding by a preponderance of the evidence that the movant’s participation in the qualifying offense was a direct result of being a victim of human trafficking, and that the reasons for the ruling shall be stated on the record. 22 RULE 4-345 MARYLAND RULES OF PROCEDURE TITLE 4 – CRIMINAL CAUSES CHAPTER 300 – TRIAL AND SENTENCING AMEND Rule 4-345 to delete a portion of a cross reference, as follows: RULE 4-345. SENTENCING – REVISORY POWER OF COURT ... (f) Open Court Hearing The court may modify, reduce, correct, or vacate a sentence only on the record in open court, after hearing from the defendant, the State, and from each victim or victim’s representative who requests an opportunity to be heard. The defendant may waive the right to be present at the hearing. No hearing shall be held on a motion to modify or reduce the sentence until the court determines that the notice requirements in subsection (e)(2) of this Rule have been satisfied. If the court grants the motion, the court ordinarily shall prepare and file or dictate into the record a statement setting forth the reasons on which the ruling is based. Cross reference: See Code, Criminal Procedure Article, § 8-302, which allows the court to vacate a judgment, modify a sentence, or grant a new trial for an individual convicted of prostitution if, when the crime was committed, the individual was acting 23 RULE 4-345 under duress caused by the act of another committed in violation of Code, Criminal Law Article, § 11-303, the prohibition against human trafficking. See Code, Criminal Law Article, § 5-609.1 regarding an application to modify a mandatory minimum sentence imposed for certain drug offenses prior to October 1, 2017, and for procedures relating thereto. . . . REPORTER’S NOTE Chapters 126/127, 2020 Laws of Maryland, (HB 242/SB 206), amending Code, Criminal Procedure Article, § 8-302, became effective on June 1, 2020. Although the prior version of § 8302 permitted the court discretion to order a new trial or modify a sentence, the amended provisions of § 8-302 provide that the court shall vacate the judgment if the motion is granted. Accordingly, a reference to § 8-302 in Rule 4-345 concerning revisions of sentences is no longer relevant. A proposed amendment to Rule 4-345 deletes the description of § 8-302 in a cross reference after section (f). 24 RULE 4-216.1 MARYLAND RULES OF PROCEDURE TITLE 4 – CRIMINAL CAUSES CHAPTER 200 – PRETRIAL PROCEDURES AMEND Rule 4-216.1 to include the definition of a pretrial risk scoring instrument, to add two cross references, to update section numbering, and to make language consistent throughout the Rule, as follows: RULE 4-216.1. (a) PRETRIAL RELEASE--STANDARDS GOVERNING Definitions The following definitions apply in this Rule: . . . (5) Pretrial Risk Scoring Instrument “Pretrial risk scoring instrument” means a tool, a metric, an algorithm, or software that is used to assist in determining the eligibility of a defendant for pretrial release in a pretrial proceeding based on the defendant’s flight risk and threat to community safety. Cross reference: See Code, Criminal Procedure, § 5-103. (5)(6) Release on Personal Recognizance “Release on personal recognizance” means a release, without the requirement of a bond, based on a written promise by 25 RULE 4-216.1 the defendant (A) to appear in court when required to do so, (B) to commit no criminal offense while on release, and (C) to comply with all other conditions imposed by the judicial officer pursuant to this Rule, Rule 4-216.2, or by other law while on release. Committee note: The principal differences between a personal recognizance and a bond are that the former does not provide for payment of a penalty sum if the defendant fails to appear when required and is not subject to any financial conditions. (6)(7) Special Condition “Special condition” means a condition of release required by a judicial officer, other than the conditions that the defendant appear in court when required to do so and commit no criminal offense while on release. (7)(8) Special Condition of Release with Financial Terms “Special condition of release with financial terms” means the requirement of collateral security or the guarantee of the defendant’s appearance by a compensated surety as a condition of the defendant’s release. The term does not include (A) an unsecured bond by the defendant or (B) the cost associated with a service that is a condition of release and is affordable by the defendant or waived by the court. Committee note: Examples of a condition of release that is not a special condition of release with financial terms are participation in an ignition interlock program, use of an alcohol consumption monitoring system, and GPS monitoring. (8)(9) Surety 26 RULE 4-216.1 “Surety” means a person other than the defendant who, by executing a bond, guarantees the appearance of the defendant and includes an uncompensated or accommodation surety. (9)(10) Surety Insurer “Surety insurer” means a person in the business of becoming, either directly or through an agent, a surety on a bond for compensation. (10)(11) Uncompensated Surety “Uncompensated surety” means an accommodation surety who does not charge or receive compensation for acting as a surety for the defendant. . . . (f) Consideration of Factors (1) Recommendation of Pretrial Release Services Program In determining whether a defendant should be released and the conditions of release, the judicial officer shall give consideration to the recommendation of any pretrial release services program that has made a risk assessment of the defendant in accordance with a validated risk assessment tool pretrial risk scoring instrument and is willing to provide an acceptable level of supervision over the defendant during the period of release if so directed by the judicial officer. Cross reference: For validation requirements for pretrial risk scoring instruments, see Code, Criminal Procedure, § 5-103 (b). 27 RULE 4-216.1 (2) Other Factors In addition to any recommendation made in accordance with subsection (f)(1) of this Rule, the judicial officer shall consider the following factors: (A) the nature and circumstances of the offense charged, the nature of the evidence against the defendant, and the potential sentence upon conviction; (B) the defendant’s prior record of appearance at court proceedings or flight to avoid prosecution or failure to appear at court proceedings; (C) the defendant’s family ties, employment status and history, financial resources, reputation, character and mental condition, length of residence in the community, and length of residence in this State; (D) any request made under Code, Criminal Procedure Article, § 5-201 (a) for reasonable protections for the safety of an alleged victim; (E) any recommendation of an agency that conducts pretrial release investigations; (F) any information presented by the State’s Attorney and any recommendation of the State’s Attorney; (G) any information presented by the defendant or defendant’s attorney; 28 RULE 4-216.1 (H) the danger of the defendant to an alleged victim, another person, or the community; (I) the danger of the defendant to himself or herself; and (J) any other factor bearing on the risk of a willful failure to appear and the safety of each alleged victim, another person, or the community, including all prior convictions and any prior adjudications of delinquency that occurred within three years of the date the defendant is charged as an adult. . . . REPORTER’S NOTE Chapter 41, 2020 Laws of Maryland (HB 49), effective July 1, 2021, defines a “pretrial risk scoring instrument” that may be used to assist the court in determining the eligibility of a defendant for pretrial release. The statute also requires that any such tool used by a jurisdiction must have an independent validation study conducted at least once every five years. Amendments are proposed to Rule 4-216.1 to address the language added by Chapter 41. New subsection (a)(5) adds the definition of “pretrial risk scoring instrument.” A proposed cross reference cites to Code, Criminal Procedure, § 5-103, the source of the definition. Former subsections (a)(5), (a)(6), (a)(7), (a)(8), (a)(9), and (a)(10) are re-numbered as (a)(6), (a)(7), (a)(8), (a)(9), (a)(10), and (a)(11), respectively. Proposed amendments to section (f) replace the term “pretrial risk assessment” with “pretrial risk scoring instrument.” A proposed cross reference after section (f) addresses the validation requirements for pretrial risk scoring instruments pursuant to Code, Criminal Procedure Article, § 5103. 29 RULE 10-202 MARYLAND RULES OF PROCEDURE TITLE 10 – GUARDIANS AND OTHER FIDUCIARIES CHAPTER 200 – GUARDIAN OF PERSON AMEND Rule 10-202 by adding nurse practitioner to the list of health care professionals who may examine an alleged disabled person and sign a certificate required to accompany a petition for guardianship in subsection (a)(1)(B) and (a)(3)(A), by updating a cross reference following section (a), and by making stylistic changes, as follows: Rule 10-202. (a) CERTIFICATES AND CONSENTS Certificates (1) Generally Required If guardianship of the person of a disabled person is sought, the petitioner shall file with the petition signed and verified certificates of the following persons who have examined or evaluated the alleged disabled person: (A)(i) two physicians licensed to practice medicine in the United States who have examined the disabled person, or (B)(ii) one such licensed physician who has examined the disabled person and one licensed psychologist, or licensed certified social worker-clinical, or 30 RULE 10-202 nurse practitioner who has seen and evaluated the disabled person. An examination or evaluation by at least one of the health care professionals shall have been within 21 days before the filing of the petition. (2) Form Each certificate required by subsection (a)(1) of this Rule shall be substantially in the form approved by the State Court Administrator, posted on the Judiciary website, and available in the offices of the clerks of the circuit courts. (3) Absence of Certificates (A) Refusal to Permit Examination If the petition is not accompanied by the required certificate and the petition alleges that the disabled person is residing with or under the control of a person who has refused to permit examination or evaluation by a physician, or evaluation by a psychologist, or licensed certified social worker-clinical, or nurse practitioner, and that the disabled person may be at risk unless a guardian is appointed, the court shall defer issuance of a show cause order. The court shall instead issue an order requiring that the person who has refused to permit the disabled person to be examined or evaluated appear personally on a date specified in the order and show cause why the disabled person should not be examined or evaluated. 31 The RULE 10-202 order shall be personally served on that person and on the disabled person. (B) Appointment of Health Care Professionals by Court If the court finds after a hearing that examinations are necessary, it shall appoint (i) two physicians or (ii) one physician and one psychologist, or licensed certified social worker-clinical, or nurse practitioner to conduct the examinations or the examination and evaluation and file their reports with the court. If both health care professionals find the person to be disabled, the court shall issue a show cause order requiring the alleged disabled person to answer the petition for guardianship and shall require the petitioner to give notice pursuant to Rule 10-203. Otherwise, the petition shall be dismissed. Cross reference: § 13-705. See Code, Estates and Trusts Article, § 13-801 . . . REPORTER’S NOTE To comply with Chapter 568, 2020 Laws of Maryland (SB 576), proposed amendments to Rule 10-202 add nurse practitioners to the list of health care professionals who may examine or evaluate an alleged disabled person and sign a certificate accompanying a petition for guardianship and physician’s certification. Previously, the law required certification from two physicians or from a physician and either a licensed psychologist or licensed certified social worker-clinical. Stylistic changes to section (a) are made, and a cross reference following the section is updated. 32 RULE 10-112 MARYLAND RULES OF PROCEDURE TITLE 10 – GUARDIANS AND OTHER FIDUCIARIES CHAPTER 100 – GENERAL PROVISIONS AMEND Rule 10-112, to conform to a recent statutory change, and to make stylistic changes, as follows: RULE 10-112. PETITION FOR GUARDIANSHIP OF ALLEGED DISABLED PERSON A petition for guardianship of an alleged disabled person shall be substantially in the following form: . . . ADDITIONAL INSTRUCTIONS 1. The required exhibits are as follows: (a) A copy of any instrument nominating a guardian; (b) A copy of any power of attorney (including a durable power of attorney for health care) which the alleged disabled person has given to someone; (c) Signed and verified certificates of two health care professionals who have examined or evaluated the alleged disabled person. The health care professionals shall be either two physicians licensed to practice medicine in the United States who have examined the alleged disabled person, or of one 33 RULE 10-112 such licensed physician, who has examined the alleged disabled person, and one licensed psychologist, or licensed certified social worker-clinical, or nurse practitioner who has seen and evaluated the alleged disabled person. An examination or evaluation by at least one of the health care professionals must have occurred within 21 days before the filing of the petition (see Code, Estates and Trusts Article, § 13-303 and § 1-102 (a) and (b)). 2. Attach additional sheets to answer all the information requested in this petition, if necessary. . . . REPORTER’S NOTE Chapter 568, 2020 Laws of Maryland (SB 576) adds nurse practitioners to the list of health care professionals who may examine an alleged disabled person and sign a certificate to required to accompany a petition for guardianship in addition to a physician. The amendments to Rule 10-112 conform the “Additional Instructions,” for completion of a “Petition for Guardianship of Alleged Disabled Person” to the new statutory requirements. 34 RULE 10-301 MARYLAND RULES OF PROCEDURE TITLE 10 – GUARDIANS AND OTHER FIDUCIARIES CHAPTER 300 – GUARDIAN OF PROPERTY AMEND Rule 10-301 by amending the Committee note following subsection (d)(1), as follows: Rule 10-301. PETITION FOR APPOINTMENT OF A GUARDIAN OF PROPERTY . . . (d) Required Exhibits The petitioner shall attach to the petition as exhibits a copy of any instrument nominating a guardian and documentation in full compliance with at least one of the following: (1) the certificates required by Rule 10-202; Committee note: Rule 10-202 (a)(2) requires that a certificate of a licensed physician, licensed psychologist, or licensed certified social worker-clinical, or nurse practitioner be substantially in the form approved by the State Court Administrator, posted on the Judiciary website, and available in the offices of the clerks of the circuit courts. . . . REPORTER’S NOTE The amendment to Rule 10-301 is a conforming amendment necessitated by proposed changes to Rule 10-202 in light of Chapter 568, 2020 Laws of Maryland (SB 576). 35 RULE 3-731 MARYLAND RULES OF PROCEDURE TITLE 3 - CIVIL PROCEDURE - DISTRICT COURT CHAPTER 700 - SPECIAL PROCEEDINGS AMEND Rule 3-731 to require the filing of a motion before modifying, rescinding, or extending a peace order, to provide for an automatic extension under certain circumstances, and to make stylistic changes, as follows: Rule 3-731. (a) PEACE ORDERS Generally Proceedings for a peace order are governed by Code, Courts Article, Title 3, Subtitle 15. (b) Form of Petition A petition for relief under that the statute shall be in substantially the following form: . . . (c) Modification; Rescission; Extension Upon the filing of a motion, a judge may modify, rescind, or extend a peace order. Modification, rescission, and extension of peace orders are governed by Code, Courts and Judicial Proceedings Article, § 3-1506 (a). If a motion to extend a final peace order is filed before the original expiration date of the peace order, and the hearing is not held by that date, the peace order shall be automatically extended 36 RULE 3-731 until the hearing is held. The motion shall be presented to a judge forthwith. Committee note: Although Code, Courts and Judicial Proceedings Article, § 3-1506 (a) automatically extends a peace order under certain circumstances, judges are encouraged to issue an order even when the automatic extension is applicable. Source: This Rule is new. REPORTER’S NOTE Proposed amendments to Rule 3-731 address the modification, rescission, and extension of peace orders. A proposed restructuring also separates the Rule into sections. Pursuant to Chapter 134, 2020 Laws of Maryland (HB 250), effective October 1, 2020, a final peace order is automatically extended if a motion to extend is filed and a hearing is not held before the original expiration date of the order. A proposed amendment to the Rule provides for this new method of extension. Logistical concerns were expressed by members of the Family/Domestic Subcommittee about the implementation of this statute. One possible solution to address some of the concerns would be to include language in the peace order indicating that, if a motion to extend is filed before the expiration date of the order, the peace order will be automatically extended until a hearing is held on the motion. A proposed Committee note also recognizes that, even if an automatic extension applies, the issuance of a judge’s order to extend a peace order remains the best practice. 37 RULE 9-308 MARYLAND RULES OF PROCEDURE TITLE 9 - FAMILY LAW ACTIONS CHAPTER 300 - DOMESTIC VIOLENCE AMEND Rule 9-308 to require the filing of a motion before modifying, rescinding, or extending a protective order and to provide for an automatic extension under certain circumstances, as follows: Rule 9-308. MODIFICATION; RESCISSION; EXTENSION Only Upon the filing of a motion, a judge may modify, rescind, or extend a protective order. Modification, rescission, and extension of protective orders are governed by Code, Family Law Article, § 4-507 (a). If a motion to extend a final protective order is filed before the original expiration date of the protective order, and the hearing is not held by that date, the protective order shall be automatically extended until the hearing is held. The motion shall be presented to a judge forthwith. Committee note: Although Code, Family Law Article, § 4-507 (a) automatically extends a protective order under certain circumstances, judges are encouraged to issue an order even when the automatic extension is applicable. Source: This Rule is new. 38 RULE 9-308 REPORTER’S NOTE Proposed amendments to Rule 9-308 clarify that a motion must be filed to extend, modify, or rescind a protective order. Pursuant to Chapter 134, 2020 Laws of Maryland (HB 250), effective October 1, 2020, a protective order is automatically extended if a motion to extend is filed and a hearing is not held before the original expiration date of the protective order. A proposed amendment to the Rule provides for this new method of extension. Concern was expressed about the implementation of this statute by members of the Family/Domestic Subcommittee. One possible solution to address some concerns would be to include language in the protective order indicating that, if a motion to extend is filed before the expiration date of the order, the protective order will be automatically extended until a hearing is held on the motion. A proposed Committee note also recognizes that, even if an automatic extension applies, the issuance of a judge’s order to extend a protective order remains the best practice. 39 RULE 9-206 MARYLAND RULES OF PROCEDURE TITLE 9 - FAMILY LAW ACTIONS CHAPTER 200 - DIVORCE, ANNULMENT AND ALIMONY AMEND Rule 9-206 to update a reference in subsection (a)(1) to Code, Family Law Article § 12-201, to add the shared physical custody adjustment to Worksheet B, to conform line references in Worksheet B, to conform line references in Worksheet C, and to make stylistic changes, as follows: Rule 9-206. (a) CHILD SUPPORT GUIDELINES Definitions The following definitions apply in this Rule: (1) Shared Physical Custody "Shared physical custody" has the meaning stated in Code, Family Law Article, §12-201 (i) (n). (2) Worksheet "Worksheet" means a document to compute child support under the guidelines set forth in Code, Family Law Article, Title 12, Subtitle 2. (b) Filing of Worksheet In an action involving the establishment or modification of child support, each party shall file a worksheet in the form set forth in section (c) or (d) of this Rule. 40 Unless the court RULE 9-206 directs otherwise, the worksheet shall be filed not later than the date of the hearing on the issue of child support. Cross reference: See Code, Family Law Article, §12-203 (a) and Walsh v. Walsh, 333 Md. 492 (1994). . . . (d) Shared Physical Custody In cases of shared physical custody, the worksheet shall be in substantially the following form: In the Circuit Court for v. No. 41 RULE 9-206 WORKSHEET B - CHILD SUPPORT OBLIGATION: SHARED PHYSICAL CUSTODY Name of Child Date of Birth Name of Child Date of Birth Name of Child Date of Birth Name of Child Date of Birth Name of Child Date of Birth Name of Child Date of Birth Parent 1 Parent 2 1. MONTHLY ACTUAL INCOME (Before taxes) $ (Code, Family Law Article, §12-201 (b)) Combined $ ////// ////// a. Minus preexisting child support payment actually paid - - ////// ////// b. Minus alimony actually paid - - ////// c. Plus/minus alimony awarded in this case +/- +/- ////// ////// 2. MONTHLY ADJUSTED ACTUAL INCOME $ $ $ 3. PERCENTAGE SHARE OF INCO ME (Divide each parent's income on Line 2 by the combined income on Line 2.) % % ////// ////// ////// ////// 4. BASIC CHILD SUPPORT OBLIGATION (Apply Line 2 Combined Income to Child Support Schedule.) ////// ////// ////// ////// ////// ////// $ 5. ADJUSTED BASIC CHILD SUPPORT OBLIGATION (Multiply Line 4 by 1.5) ////// ////// ////// ////// ////// ////// $ 42 RULE 9-206 6. OVERNIGHTS with each parent (must total 365) 365 7. PERCENTAGE WITH EACH PARENT (Divide Line 6 divided by 365) A STOP HERE IF Line 7 is less than 35 25% for either parent. Shared Physical custody does not apply. (Use Worksheet A, instead.) ////// ////// ////// ////// 8. EACH PARENT’S THEORETICAL SHARE OF ADJUSTED BASIC CHILD SUPPORT OBLIGATION (Multiply Line 5 by Line 3 for each parent.) 9. THEORETICAL BASIC CHILD SUPPORT OBLIGATION FOR TIME WITH OTHER PARENT (Multiply Line 8A by Line 7B; and put answer on Line 9 A.) (Multiply Line 8B by Line 7A; and put answer on Line 9B.) % ////// ////// ////// ////// ////// ////// ////// ////// ////// ////// B$ ////// ////// ////// ////// A$ B$ ////// ////// ////// ////// ////// ////// A$ B$ ////// % A$ 10. SHARED PHYSICAL CUSTODY ADJUSMENT (If Line 7 for a parent is more than 25%, but less than 30%, multiply that parent’s Line 9 by the amount below: # of overnights amount • 92-94 .10 • 95-98 .08 • 99-102 .06 • • 103-105 106-109 .04 .02 43 B RULE 9-206 11. ADJUSTED THEORETICAL BASIC CHILD SUPPORT OBLIGATION (If the shared physical custody Adjustment applies, add Line 10 to that parent’s Line 9; put the answer on Line 11.) A$ 1012. NET BASIC CHILD SUPPORT OBLIGATION (If there is no shared physical custody adjustment: Subtract Line 9 lesser amount from greater amount in line 9. and place Place answer here under column with greater amount in Line 9. Shared physical custody Adjustment: For that parent use amount from Line 11 instead of Line 9 when completing calculation.) 1113. EXPENSES: B$ $ $ ////// ////// ////// ////// ////// ////// ////// ////// ////// ////// ////// ////// ////// ////// ////// a. Work-Related C hil d Care Expenses (Code, Family Law Article, §12-204 (g)) ////// ////// ////// ////// ////// ////// ////// ////// + b. ////// ////// ////// ////// ////// ////// + ////// ////// ////// ////// ////// ////// ////// ////// + ////// ////// ////// ////// ////// ////// ////// ////// ////// ////// ////// ////// + Health Insurance Expenses (Code, Family Law Article §12-204 (h)(1)) c. Extraordinary Expenses (Code, Family Medical Law Article, §12-204 (h)(2)) d. Cash Medical Support (Code, Family Law Article, §12-102 (c) - applies only to a child support order under Title IV, Part D of the Social Security Act) 44 RULE 9-206 e. Additional Expenses (Code, Family Law Article, §12-204 (i)) 1214. NET ADJUSTMENT FROM WORKSHEET C. Enter amount from Line l, WORKSHEET C, if applicable. If not, continue to Line 13 15. 1315. NET BASIC CHILD SUPPORT OBLIGATION (From Line 10 12, WORKSHEET B) ////// ////// ////// $ $ 1416. RECOMMENDED CHILD SUPPORT ORDER (If the same parent owes money under Lines 1214 and 1315, add these two figures to obtain the amount owed by that parent. If one parent owes money under Line 1214 and the other owes money under Line 1315, subtract the lesser amount from the greater amount to obtain the difference. The parent owing the greater of the two amounts on Lines 1214 and 1315 will owe that difference as the child support obligation. Note: amount owed in a shared custody arrangement may not exceed the amount that would be owed if the obligor parent were a non-custodial parent. See WORKSHEET A). $ ////// ////// ////// + $ ////// ////// ////// ////// $ ////// ////// ////// $ ////// ////// ////// ////// ////// ////// ////// ////// ////// ////// ////// ////// ////// ////// ////// ////// ////// ////// ////// ////// ////// Comments or special adjustments, such as any adjustment for certain third party benefits paid to or for the child of an obligor who is disabled, retired, or receiving benefits as a result of a compensable claim (see Code, Family Law Article, §12-204 (j)): PREPARED BY: DATE: 45 RULE 9-206 INSTRUCTIONS FOR WORKSHEET C: Use Worksheet C ONLY if any of the Expenses listed in Lines 11 13 a, 11 b, 11 c, 11 d, or 11 e is directly paid out or received by the parents in a different proportion than the percentage share of income entered on Line 3 of Worksheet B. Example: If one One parent pays all 100% of the day care, or parents split education/medical costs 50/50 and Line 3 is other than 50/50. If there is more than one 11 13 e expense, the make calculations on Lines i and j below must be made for each expense. WORKSHEET C - FOR ADJUSTMENTS, LINE 12, WORKSHEET B Parent 1 a. Total amount of direct payments Payments made for Line 11 13 a expenses multiplied by each parent's percentage of income (Line 3, WORKSHEET B) (Proportionate share) Parent 2 $ $ $ $ c. Total amount of direct payments made for Line 11 13 b expenses multiplied by each parent's percentage of income (Line 3, WORKSHEET B) $ $ b. The excess Excess amount of direct payments made by the parent who pays more than the amount calculated in Line a, above. (The difference between Subtract proportionate share from amount paid and proportionate share) d. The excess amount of direct payments made by the parent who pays more than the amount calculated in Line c, above. $ $ e. Total amount of direct payments made 46 RULE 9-206 for Line 11 13 c expenses multiplied by each parent's percentage of income (Line 3, WORKSHEET B) $ $ f. The excess amount of direct payments made by the parent who pays more than the amount calculated in Line e, above. $ $ g. h. i. j. Total amount of direct made for Line 11 13 d multiplied by each percentage of income (Line 3, WORKSHEET B) payments expenses parent’s $ $ The excess amount of direct payments made by the parent who pays more than the amount calculated in Line g, above. $ $ Total amount of direct made for Line 11 13 e multiplied by each percentage of income (Line 3, WORKSHEET B) $ $ $ $ $ $ payments expenses parent’s The excess amount of direct payments made by the parent who pays more than the amount calculated in Line i, above. k. For each parent, add Lines b, d, f, h, and j l. Subtract lesser amount from greater amount in Line k, above. Place the answer on this Line under the amount in Line k. Also enter this answer on Line 12 14 of WORKSHEET B, in the same parent’s 47 RULE 9-206 $ Column. Source: $ This Rule is new. REPORTER’S NOTE Chapters 142/143, 2020 Laws of Maryland (HB 269/SB 579), effective October 1, 2020, created the shared physical custody adjustment to be used when calculating child support in cases where one parent has overnights for more than 25%, but less than 30% of the year. Proposed amendments to the shared physical custody worksheet (Worksheet B) incorporate the new adjustment. An amendment to subsection (a)(1) updates a reference to Code, Family Law Article § 12-201 for the definition of shared physical custody. Conforming amendments correcting line references in Worksheet B and Worksheet C also are made. Additional amendments will be required at a later date to conform the Rule to Chapter 383, 2020 Laws of Maryland (HB 946), which takes effect on October 1, 2021. 48 RULE 5-611 MARYLAND RULES OF PROCEDURE TITLE 5 – EVIDENCE CHAPTER 600 – WITNESSES AMEND Rule 5-611 (a) to include a cross-reference to the Court Dog and Child Witness Program, as follows: Rule 5-611. MODE AND ORDER OF INTERROGATION AND PRESENTATION: CONTROL BY COURT; SCOPE OF CROSS-EXAMINATION; LEADING QUESTIONS (a) Control by Court. The court shall exercise reasonable control over the mode and order of interrogating witnesses and presenting evidence so as to (1) make the interrogation and presentation effective for the ascertainment of the truth, (2) avoid needless consumption of time, and (3) protect witnesses from harassment or undue embarrassment. Cross reference: For the Court Dog and Child Witness Program, see Code, Courts Article, § 9-501. . . . REPORTER’S NOTE Chapters 161/162, 2020 Laws of Maryland (HB 311/SB 101), effective October 1, 2020, create a Court Dog and Child Witness Program in the circuit court of each participating county. Pursuant to the statute, the program aims to provide a facility or therapy dog to child witnesses in any circuit court proceeding or other court process, including meetings and interviews. A cross reference is proposed to highlight the 49 RULE 5-611 program in relation to the court’s control of the mode and interrogation of witnesses. 50 RULE 5-615 MARYLAND RULES OF PROCEDURE TITLE 5 – EVIDENCE CHAPTER 600 – WITNESSES AMEND Rule 5-615 (c) to include a cross-reference to the Court Dog and Child Witness Program, as follows: Rule 5-615. EXCLUSION OF WITNESSES . . . (c) Permissive Non-Exclusion. The court may permit a child witness’s parents or another person having a supportive relationship with the child to remain in court during the child’s testimony. Cross reference: For the Court Dog and Child Witness Program, see Code, Courts Article, § 9-501. REPORTER’S NOTE Chapters 161/162, 2020 Laws of Maryland (HB 311/SB 101), effective October 1, 2020, create a Court Dog and Child Witness Program in the circuit court of each participating county. Pursuant to the statute, the program aims to provide a facility or therapy dog to child witnesses in any circuit court proceeding or other court process, including meetings and interviews. A cross reference is proposed to highlight the program in relation to permissive non-exclusion of witnesses during a child’s testimony. 51 RULE 6-423 MARYLAND RULES OF PROCEDURE TITLE 6 – SETTLEMENT OF DECEDENTS’ ESTATES CHAPTER 400 – ADMINISTRATION OF ESTATES ADD new Rule 6-423, as follows: Rule 6-423. ADMINISTRATION AFTER CLOSING OF ESTATE — NEWLY DISCOVERED SMALL CHECK (a) When New Appointment Not Necessary Except as provided in section (d) of this Rule, if a check payable to a decedent or the estate of a decedent for a sum not exceeding $1,000 is discovered after an estate has been closed and the appointment of the personal representative has terminated pursuant to Rule 6-421, the court, on a verified petition made by an interested person, may enter an order authorizing the interested person to indorse and deposit the check into the interested person’s bank account for the limited purpose of distributing the funds in accordance with the will or, if the decedent died intestate, in accordance with Code, Estates and Trusts Title 3, Subtitle 1. (b) Petition A petition pursuant to this Rule shall be filed in the jurisdiction where the decedent’s estate was administered and 52 RULE 6-423 include the estate number, a brief description of the check, the interest of the person filing the petition, the names and addresses of the interested persons, a statement that the conditions in section (d) do not apply to the requested order, and a brief statement of the anticipated distribution of the funds. (c) Exceptions Unless a hearing is requested by an interested person, the court may enter an order under this Rule without a hearing. (d) Conditions The court may not enter an order under this Rule if: (1) the estate of the decedent was insolvent when it closed, (2) the value of the discovered check increases the value of the estate above the value that qualifies under Code, Estates and Trusts, § 5-601 for administration of a small estate, or (3) any additional fees and inheritance taxes due as a result of the newly discovered check are not paid with the filing of the petition. (e) Distribution The distribution of funds by an interested person under this Rule shall be made within 60 days after the court’s order authorizing the distribution. (f) Effect of Order 53 RULE 6-423 An order issued under this Rule does not require the court to reopen the estate. Cross reference: Code, Estates and Trusts Article, § 10-104. REPORTER’S NOTE Chapter 239, 2020 Laws of Maryland (HB 543) allows for the distribution of a check discovered after an estate has been closed without reopening it. Proposed new Rule 6-423 outlines the process for interested persons to indorse, deposit, and distribute funds from checks made out to the decedent or his or her estate, valued at $1,000 or less, which are discovered after an estate has been closed and the appointment of the personal representative has been terminated. Proponents of the bill testified that when an estate is closed and the decedent’s bank account has been closed, there are limited options for dealing with a newly-discovered check, which may come from a refund or class action settlement payment. In the case of smaller checks, the cost of reopening the estate often exceeds the value of the check. The bill provides that a court may enter an order authorizing an interested person to indorse and deposit the check in their personal account for the limited purpose of distributing funds in accordance with the will or, if the decedent died intestate, with the Estates and Trusts article. The court is prohibited from entering the order if the estate was insolvent when it was closed, the value of the discovered check increases the value of the estate above the value for a small estate, or additional fees and inheritance taxes due have not been paid. Rule 6-423 requires the petition to include similar information mandated by Rule 6-422, Administration After Final Account – Newly Discovered Property, but removes the provision about requesting a new personal representative and adds a requirement that the petition state that the exceptions in section (d) of this Rule do not apply. 54 RULE 6-107 MARYLAND RULES OF PROCEDURE TITLE 6 - SETTLEMENT OF DECEDENTS’ ESTATES CHAPTER 100 – GENERAL PROVISIONS AMEND Rule 6-107 by rewording a cross reference, as follows: Rule 6-107. (a) EXTENSION OF TIME By Request to Register or Court The court or the register, upon written request, may extend to a specified date the time for filing an inventory (Rule 6-402), an information report (Rule 6-404), an application to fix inheritance tax on non-probate assets (Rule 6-405), or an account (Rule 6-417). The request may be made ex parte. (b) By Petition Except as otherwise provided in this section, when these rules, an order of court, or other law require or allow an act to be done at or within a specified time, the court, upon petition filed pursuant to Rule 6-122 and for good cause shown, may extend the time to a specified date. The court may not extend the time for filing a claim, a caveat, or a notice of appeal or for taking any other action where expressly prohibited by rule or statute. 55 RULE 6-107 Cross reference: Code, Estates and Trusts Article, §§ 5-304 and 5-406. For extension of time to elect statutory to take a spousal elective share, see Rule 6-411. For extension of time to file a final report and make distribution in a modified administration, see Rule 6-456. REPORTER’S NOTE The proposed amendment to Rule 6-107 makes a conforming change to the cross reference following section (b). Chapter 435, 2019 Laws of Maryland (HB 99), which is effective October 1, 2020, exclusively uses the term “elective share.” 56 RULE 6-411 MARYLAND RULES OF PROCEDURE TITLE 6 - SETTLEMENT OF DECEDENTS’ ESTATES CHAPTER 400 - ADMINISTRATION OF ESTATES AMEND Rule 6-411 by changing the title of the Rule, by changing references from “statutory share” to “elective share,” by specifying where an election shall be filed, by adding a reference to the code section in the form of election, by altering forms to allow for an unrepresented party to provide contact information, by adding subsection (a)(2) to allow a specifically authorized guardian or agent to make the election with certain notice requirements, by allowing the guardian or agent to petition for an extension of time, by adding cross references, and by making stylistic changes, as follows: Rule 6-411. (a) ELECTION TO TAKE STATUTORY ELECTIVE SHARE Form of Election (1) By Surviving Spouse A surviving spouse may elect to take a statutory an elective share by the timely filing of an election in the court in which the personal representative of the decedent was appointed. If the election is filed prior to the appointment of the personal representative, the spouse may file with the 57 RULE 6-411 register in the county in which the decedent was domiciled or in any county in which the decedent resided on the date of the decedent’s death or in which real property or a leasehold interest in real property of the decedent is located. The election shall be substantially in the following form: [CAPTION] ELECTION TO TAKE STATUTORY ELECTIVE SHARE OF ESTATE I, _______________________________________________________, surviving spouse of ___________________________________________, late of the County (City) of __________________________________, renounce all provisions of my spouse’s will pertaining to myself and elect to take my statutory elective share of the decedent’s estate subject to election under § 3-403 of the Estates and Trusts Article of the Annotated Code of Maryland. Witness: ________________________ ________________________________ Surviving Spouse Date: __________________________ ________________________ Attorney If There is No Attorney: ________________________ Address _____________________________ Surviving Spouse’s Address ________________________ Telephone Number _____________________________ Surviving Spouse’s Telephone Number ________________________ Facsimile Number _____________________________ Surviving Spouse’s 58 RULE 6-411 Facsimile Number ________________________ E-mail Address Cross reference: 408. _____________________________ Surviving Spouse’s E-mail Address Code, Estates and Trusts Article, § 3-203 § 3- (2) By the Guardian or Agent (A) Subject to subsection (B), a specifically authorized guardian or agent of the surviving spouse may exercise the right of the surviving spouse to elect to take an elective share by timely filing the election substantially in the following form: [CAPTION] ELECTION TO TAKE ELECTIVE SHARE OF ESTATE I, _______________________________, in my capacity as the specifically authorized guardian or agent of __________________, surviving spouse of____________________________________________, late of the County (City) of __________________________________, elect to take the surviving spouse’s elective share of the decedent’s estate subject to election under § 3-403 of the Estates and Trusts Article of the Annotated Code of Maryland. Witness: ________________________ ________________________________ Guardian/Agent Signature Date: __________________________ ________________________ If There is No Attorney: 59 RULE 6-411 Attorney ________________________ Address _____________________________ Guardian or Agent’s Address ________________________ Telephone Number _____________________________ Guardian or Agent’s Telephone Number ________________________ Facsimile Number _____________________________ Guardian or Agent’s Facsimile Number ________________________ E-mail Address _____________________________ Guardian or Agent’s E-mail Address Cross reference: Code, Estates and Trusts Article, § 3-405 (b). (B) Prior to or concurrent with the filing of an election pursuant to subsection (a)(2)(A) of this Rule, the guardian or agent promptly shall deliver notice of the election to (i) all interested persons in the decedent’s estate and (ii) all persons who would inherit from the surviving spouse if the surviving spouse died intestate and unmarried at the time the election is made. (C) An exercise of a right of election by a guardian or agent is valid unless (i) within 30 days after delivery of notice under subsection (a)(2)(B) a person with standing makes an objection in the court in which the election was filed and (ii) following a hearing the court finds that the election is not in the best interests of the surviving spouse. Cross reference: Code, Estates and Trusts Article, § 3-405 (c). 60 RULE 6-411 (b) Time Limitation for Making Election An election to take a statutory an elective share shall be filed within the later of nine months after the date of the decedent’s death or six months after the date of the first appointment of a personal representative under a will, unless extended pursuant to this Rule. Cross reference: (c) Code, Estates and Trusts Article, § 3-407. Extension of Time for Making Election Within the period for making an election, the surviving spouse or the specifically authorized guardian or agent of the surviving spouse may file with the court a petition for an extension of time. The petitioner shall deliver or mail a copy of the petition to the personal representative. For good cause shown, the court may grant extensions not to exceed three months at a time, provided each petition for extension is filed before the expiration of the period originally prescribed or before the expiration of any period extended by a previous order. The court may rule on the petition without a hearing or, if time permits, with a hearing. If an extension is granted without a hearing, the register shall serve notice on the personal representative and such other persons as the court may direct. following form: 61 The notice shall be in the RULE 6-411 [CAPTION] NOTICE OF EXTENSION OF TIME TO ELECT STATUTORY ELECTIVE SHARE On the ____ day of __________, __________, an extension (month) (year) of time to elect a statutory an elective share of the estate was granted to _______________________, the decedent’s surviving spouse or specifically authorized guardian or agent of the surviving spouse. The extension expires on the ____ day of __________, __________. (month) (year) If you believe there is good cause to object to the extension, within 20 days after service of this notice you may file with the court, in writing, a petition to shorten the time for filing an election. A copy of the petition shall be served on the surviving spouse or specifically authorized guardian or agent of the surviving spouse. Register of Wills (d) Withdrawal The surviving spouse or the specifically authorized guardian or agent of the surviving spouse may file with the register a withdrawal of the election at any time before the 62 RULE 6-411 expiration of the time, or any extension thereof granted by the court, for filing an election. . . . REPORTER’S NOTE Proposed amendments to Rule 6-411 implement Chapter 435, 2019 Laws of Maryland (HB 99), which is effective October 1, 2020. The Code exclusively uses the term “elective share,” rather than “statutory share,” and Rule 6-411 has been amended to conform terminology to the law. The form in subsection (a)(1) is amended to comply with the statute and modified to allow for a pro se surviving spouse to provide contact information. New subsection (a)(2)(A) creates a process for a specifically authorized guardian or agent to make the election and includes a form modeled after (a)(1). Subsections (a)(2)(B) and (a)(2)(C) incorporate the notice and objection procedure from the Code. Sections (c) and (d) are amended to allow a guardian or agent to petition for an extension or to withdraw the election. 63 RULE 6-413 MARYLAND RULES OF PROCEDURE TITLE 6 – SETTLEMENT OF DECEDENTS’ ESTATES CHAPTER 400 – ADMINISTRATION OF ESTATES AMEND Rule 6-413 by changing the title of the Rule, by adding new subsection (a)(2), by adding a cross-reference after subsection (a)(2), by adding new section (d) providing for a certain notice to the trustee of a certain revocable trust, by adding to section (f) notice to the trustee of a certain revocable trust of disallowance of a claim, and by allowing a certain trustee to file a petition pursuant to section (g), as follows: RULE 6-413. (a) CLAIM AGAINST ESTATE DECEDENT – PROCEDURE Presentation of Claim (1) A claimant may make a claim against the estate, within the time allowed for presenting claims, (1)(A) by serving it on the personal representative, (2)(B) by filing it with the register and serving a copy on the personal representative, or (3)(C) by filing suit. If the claim is filed prior to the appointment of the personal representative, the claimant may file the claim with the register in the county in which the decedent was domiciled or in any county in which the decedent resided on the date of the decedent’s death or in which real 64 RULE 6-413 property or a leasehold interest in real property of the decedent is located. (2) Except in a small estate proceeding, a claim properly presented under this Rule preserves a claim against property of a trust that was revocable at the death of the decedent-settlor, subject to disallowance pursuant to section (f). Cross reference: See Code, Estates and Trusts Article, § 14.5508 (b)(1) for preservation of claims against revocable trust property. (b) Content of Claim A claim against the decedent’s estate shall indicate (1) the basis of the claim, (2) the name and address of the claimant, (3) the amount claimed, (4) if the claim is not yet due, the date when it will become due, (5) if the claim is contingent, the nature of the contingency, and (6) if the claim is secured, a description of the security. Unless the claim is made by filing suit, it shall be verified. (c) Form of Claim A claim against a decedent’s estate may be filed or made substantially in the following form: In the Estate of: Estate No.__________ ________________________________________ Date _______________ CLAIM AGAINST DECEDENT’S ESTATE 65 RULE 6-413 The claimant certifies that there is due and owing by the decedent in accordance with the attached statement of account or other basis for the claim the sum of $________. I solemnly affirm under the penalties of perjury that the contents of the foregoing claim are true to the best of my knowledge, information, and belief. ___________________________ _______________________________ Name of Claimant Signature of claimant or person authorized to make verifications on behalf of claimant ___________________________ ________________________________ Name and Title of Person Signing Claim Address ________________________________ _________________________________ Telephone Number CERTIFICATE OF SERVICE I hereby certify that on this ___ day of __________ (month), _____ (year), I [ ] delivered or [ ] mailed, first class, postage prepaid, a copy of the foregoing Claim to the personal representative, ____________________ (name and address) ____________________ Signature of Claimant 66 RULE 6-413 Instructions: 1. This form may be filed with the Register of Wills upon payment of the filing fee provided by law. A copy must also be sent to the personal representative by the claimant. 2. If a claim is not yet due, indicate the date when it will become due. If a claim is contingent, indicate the nature of the contingency. (d) If a claim is secured, describe the security. Notice to Trustee of Revocable Trust (1) If the personal representative has knowledge of the existence of a revocable trust for which the decedent was settlor, the personal representative shall notify the trustee of the existence of a claim. (2) Prior to allowance of a claim in whole or in part, the personal representative shall notify the trustee of the intended allowance. A trustee who wishes to dispute the allowance shall petition the court to intervene within 20 days after receipt of the notice. (d)(e) Disallowance of Claim or Petition for Determination of Validity If the claim or any part thereof is not to be allowed, the personal representative shall either disallow the claim in whole or in part in the manner provided by section (e)(f) of this Rule, or petition the court for determination of the validity of the claim. 67 RULE 6-413 (e)(f) Form of Disallowance of Claim Upon disallowing a claim the personal representative shall file with the register and mail to the claimant and the trustee of each revocable trust known to the personal representative for which the decedent was settlor a notice in the following form: [CAPTION] NOTICE OF DISALLOWANCE Your claim has been allowed in the amount of $________ and disallowed in the amount of $________. Your claim in the amount disallowed will be forever barred against the estate and any revocable trust of the decedent-settlor unless within 60 days after the mailing of this notice you file a petition for allowance of the disallowed amount in the Orphans’ Court or a suit against the personal representative. If your claim has not been filed timely pursuant to the Code, Estates and Trusts Article, § 8-103, your claim will not be paid and it is forever barred. ___________________________________ Personal Representative CERTIFICATE OF SERVICE I certify that the disallowance of claim was mailed, postage prepaid, this _____________________ day of (year) (month) , to _________, claimant, at _________. 68 , RULE 6-413 _________________________ Personal Representative/Attorney __________________________ Name (printed) __________________________ __________________________ Address __________________________ Telephone Number (f)(g) Claimant’s Petition (1) No Action Taken If no action has been taken by the personal representative disallowing the claim in whole or in part, the claimant or trustee of a revocable trust of the decedent-settlor may petition the court for determination of the validity of the claim. (2) After Disallowance A claimant whose claim has been disallowed in whole or in part may file with the court a petition for allowance within 60 days after mailing of the notice of disallowance. (g)(h) Hearing Upon the filing of a petition by the personal representative or a claimant, the court shall hold a hearing on 69 RULE 6-413 the petition after notice to the personal representative, the claimant, and such other persons as the court may direct. (h)(i) Notice to Register of Suit If suit is filed against the personal representative by a claimant whose claim is disallowed in whole or in part, the personal representative shall notify the register in writing of the pendency of the suit within ten days after being served with the complaint. . . . REPORTER’S NOTE Chapter 100, 2015 Laws of Maryland (HB 666) added to Code, Estates and Trusts Article, § 14.5-508 provisions to protect the property, trustee, and beneficiaries of a trust that was revocable at the time of the death of the settlor from claims of creditors not presented within the time periods in § 8-103 or within six months of publication of notice by the trustee if a proceeding for a regular or modified estate has not been commenced. The law was designed to allow trustees to avail themselves of the same protections afforded to personal representatives rather than subject them to limitations periods of anywhere from three to twelve years. Proposed amendments to Rule 6-413 seek to clarify the process for personal representatives, trustees, and creditors where an estate other than a small estate is open and a creditor wishes to preserve the creditor’s claim against the decedentsettlor’s trust property. New subsection (a)(2) states that a properly presented claim under the Rule preserves a claim against trust property. A cross reference to the Code section is added after subsection (a)(2). 70 RULE 6-413 New section (d) requires notice of a claim to the trustee and notice prior to the allowance of a claim, in whole or in part. Subsection (d)(2) allows the trustee to intervene to dispute the validity of the claim. Re-lettered section (f) is amended to require the personal representative to mail notice of disallowance to the trustee. The Committee is advised that often the representative and trustee are the same individual; however, if there is a thirdparty trustee, the added notice provisions ensure that the trustee is alerted to the claim. The notice of disallowance form in section (f) informs the creditor that claims against the estate and any revocable trust property will be barred unless the creditor acts within the specified time. Subsection (g)(1) allows the creditor or trustee to petition the court to determine the validity of a claim if the personal representative does not act. 71 RULE 6-416 MARYLAND RULES OF PROCEDURE TITLE 6 - SETTLEMENT OF DECEDENTS’ ESTATES CHAPTER 400 - ADMINISTRATION OF ESTATES AMEND Rule 6-416 by adding new subsection (a)(1)(A) to describe the general contents of a petition for compensation, by requiring that a petition state anticipated or previously allowed fees in connection with an elective share, by adding new subsection (a)(1)(B) to describe the contents of a petition for additional fees and commissions in connection with an elective share, by adding a Committee note after subsection (a)(1)(B) stating that such compensation is presumed reasonable under certain circumstances, by adding new subsection (b)(1)(A) to describe the procedure for obtaining payment of compensation by consent, by specifying that payment of additional compensation in connection with an elective share may be obtained by consent in certain circumstances, by altering the form in subsection (b)(2)(B) to delineate compensation for regular estate administration and for additional compensation in connection with an elective share, and by making stylistic changes, as follows: RULE 6-416. ATTORNEY’S FEES OR PERSONAL REPRESENTATIVE’S COMMISSIONS 72 RULE 6-416 (a) Subject to Court Approval (1) Contents of Petition (A) Generally When a petition for the allowance of attorney’s fees or personal representative’s commissions is required, it shall be verified and shall state in reasonable detail the basis for the current request and (A)(i) the amount of all fees or commissions previously allowed, (B)(ii) the amount of fees or commissions that the petitioner reasonably estimates will be requested in the future, (C)(iii) the amount of fees or commissions currently requested, (iv) any additional fees or commissions anticipated or previously allowed in connection with an election by or on behalf of a surviving spouse to take an elective share, and (E)(v) that the notice required by subsection (a)(3) of this Rule has been given. (B) Compensation in Connection with an Elective Share When a petition for the allowance of additional attorney’s fees or personal representative’s commissions in connection with an election by or on behalf of a surviving spouse to take an elective share under Code, Estates and Trusts Article, § 7-603(b) is required, it shall be verified and shall state in reasonable detail the basis for the current request and (i) the amount of all fees or commissions previously allowed, (ii) the amount of fees or commissions that the petitioner 73 RULE 6-416 reasonably estimates will be requested in the future, (iii) the amount of fees or commissions currently requested, (iv) the amount of fees or commissions under this subsection consented to by all interested persons, and (v) that the notice required by subsection (a)(3) of this Rule has been given. A petition under this subsection may be combined with a petition under subsection (a)(1)(A) of this Rule. Committee note: Code, Estates and Trusts Article, § 7-603 (b)(2) states that the amount of compensation or attorney’s fees consented to by all interested persons is presumed to be reasonable. (2) Filing – Separate or Joint Petitions Petitions for attorney’s fees and personal representative’s commissions shall be filed with the court and may be filed as separate or joint petitions. (3) Notice The personal representative shall serve on each unpaid creditor who has filed a claim and on each interested person a copy of the petition accompanied by a notice in the following form: NOTICE OF PETITION FOR ATTORNEY’S FEES OR PERSONAL REPRESENTATIVE’S COMMISSIONS You are hereby notified that a petition for allowance of attorney’s fees or personal representative’s commissions has been filed. You have 20 days after service of the petition 74 RULE 6-416 within which to file written exceptions and to request a hearing. (4) Allowance by Court Upon the filing of a petition, the court, by order, shall allow attorney’s fees or personal representative’s commissions as it considers appropriate, subject to any exceptions. (5) Exception An exception shall be filed with the court within 20 days after service of the petition and notice and shall include the grounds therefor in reasonable detail. A copy of the exception shall be served on the personal representative. (6) Disposition If timely exceptions are not filed, the order of the court allowing the attorney’s fees or personal representative’s commissions becomes final. Upon the filing of timely exceptions, the court shall set the matter for hearing and notify the personal representative and other persons that the court deems appropriate of the date, time, place, and purpose of the hearing. (b) Payment of Attorney’s Fees and Personal Representative’s Commissions Without Court Approval (1) Payment of Contingency Fee for Services Other Than Estate Administration 75 RULE 6-416 Payment of attorney’s fees may be made without court approval if: (A) the fee is paid to an attorney representing the estate in litigation under a contingency fee agreement signed by the decedent or by a previous personal representative; (B) the fee is paid to an attorney representing the estate in litigation under a contingency fee agreement signed by the current personal representative of the decedent’s estate provided that the personal representative is not acting as the retained attorney and is not a member of the attorney’s firm; (C) the fee does not exceed the terms of the contingency fee agreement; (D) a copy of the contingency fee agreement is on file with the register of wills; and (E) the attorney files a statement with each account stating that the scope of the representation by the attorney does not extend to the administration of the estate. (2) Consent in Lieu of Court Approval (A) Procedure Upon the filing of a completed Consent to Compensation for Personal Representative and/or Attorney form substantially in the form set forth in subsection (b)(2)(B) of this Rule, Payment payment of attorney’s fees and personal representative’s commissions may be made without court approval if the combined 76 RULE 6-416 sum of all payments of attorney’s fees and personal representative’s commissions authorized under Code, Estates and Trusts Article, § 7-603(a) does not exceed the amounts provided in Code, Estates and Trusts Article, § 7-601; and. In addition, attorney’s fees and personal representative’s commissions authorized under Code, Estates and Trusts Article, § 7-603(b) may be included in the Consent form and paid without court approval if the total combined sum of all payments of attorney’s fees and personal representative’s commissions authorized under Code, Estates and Trusts Article, §§ 7-603(a) and 7-603(b) does not exceed the amounts provided in Code, Estates and Trusts Article, § 7-601. (B) Form of Consent a written The consent stating the amounts of the payments shall be signed by (i) each creditor who has filed a claim that is still open and (ii) all interested persons, is and filed with the register substantially in the following form: BEFORE THE REGISTER OF WILLS FOR _____________, MARYLAND IN THE ESTATE OF: __________ Estate No. __________________ CONSENT TO COMPENSATION FOR PERSONAL REPRESENTATIVE AND/OR ATTORNEY I understand that the law, Estates and Trusts Article, § 7601, provides a formula to establish the maximum total commissions to be paid for personal representative’s 77 RULE 6-416 commissions. If the total compensation for personal representative’s commissions and attorney’s fees being requested falls within the maximum allowable commissions, and the request is consented to by all unpaid creditors who have filed claims and all interested persons, this payment need not be subject to review or approval by the Court. A creditor or an interested party may, but is not required to, consent to these fees. The formula sets total compensation at 9% of the first $20,000 of the adjusted estate subject to administration PLUS 3.6% of the excess over $20,000. Based on this formula, the adjusted estate subject to administration known at this time is __________. The total allowable statutory maximum commission based on the adjusted estate subject to administration known at this time is __________, LESS any personal representative’s commissions and attorney’s fees previously approved as required by law and paid. To date, $ __________ in personal representative’s commissions and $ __________ in attorney’s fees have been paid. IF ALL REQUIRED CONSENTS ARE NOT OBTAINED, A PETITION SHALL BE FILED, AND THE COURT SHALL DETERMINE THE AMOUNT TO BE PAID. Cross reference: See 90 Op. Att’y. Gen. 145 (2005). Total combined fees being requested are $_________, including $_________ under Code, Estates and Trusts Article, § 7-603(a) 78 RULE 6-416 and $_________ under Code, Estates and Trusts Article § 7603(b), to be paid as follows: Amount To Name of Personal Representative/Attorney ______________ _________________________________________ ______________ _________________________________________ ______________ _________________________________________ ______________ _________________________________________ I have read this entire form and I hereby consent to the payment of personal representative and/or attorney’s fees in the above amount. Date Signature Name (Typed or Printed) ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ____________________________ Attorney ____________________________ Personal Representative _____________________________ Address _____________________________ Personal Representative _____________________________ Telephone Number _____________________________ Facsimile Number _____________________________ 79 RULE 6-416 Email Address Committee note: Nothing in this Rule is intended to relax requirements for approval and authorization of previous payments. (3) Designation of Payment When rendering an account pursuant to Rule 6-417 or a final report under modified administration pursuant to Rule 6455, the personal representative shall designate any payment made under this section as an expense. Cross reference: Code, Estates and Trusts Article, §§ 7-502, 7601, 7-602, 7-603, and 7-604. REPORTER’S NOTE Proposed amendments to Rule 6-416 implement Chapter 435, 2019 Laws of Maryland (HB 99), which permits a petition for attorney’s fees or personal representative’s commissions to seek additional fees or commissions in connection with an election to take an elective share by or on behalf of a surviving spouse. Subsection (a)(1) is restructured to create new subsection (a)(1)(A), which contains the current required contents of a petition for the allowance of fees and commissions. The subsection is reorganized and a reference to additional fees and commissions anticipated in connection with the elective share election is added to the requirements. New subsection (a)(1)(B) outlines the required contents of a petition for the allowance of the additional fees, which mirrors the requirements in (a)(1)(A) but also asks the petitioner to state the amount of the additional fees and commissions to which the interested persons have consented. A Committee note following subsection (a)(1)(B) highlights the presumption in the statute that consented-to compensation is reasonable. A petition under subsection (a)(1)(B) may be combined with a petition under subsection (a)(1)(A). 80 RULE 6-416 Subsection (b)(2) is amended to add subsection (b)(2)(A), outlining the procedure for payment of attorney’s fees and personal representative’s commissions that are consented to by interested persons and creditors and that do not exceed the statutory maximums in Code, Estates and Trusts Article, § 7-601. The subsection specifies that the consent process can include additional fees and commissions related to the elective share so long as the combined payments of all fees and commissions do not exceed the statutory maximums. Subsection (b)(2)(B) is restyled to describe the form of consent, and the form is amended to include references to compensation under Code, Estates and Trusts Article, §§ 7-603(a) and 7-603(b). 81 RULE 6-418 MARYLAND RULES OF PROCEDURE TITLE 6 - SETTLEMENT OF DECEDENTS’ ESTATES CHAPTER 400 - ADMINISTRATION OF ESTATES ADD New Rule 6-418, as follows: Rule 6-418. (a) STATEMENT AND CERTIFICATION OF ELECTIVE SHARE Statement of Elective Share (1) On final payment, the personal representative of the decedent, the trustee of any revocable trust of the decedent, or the person responsible for filing the estate tax return, as appropriate, shall file with the register a signed statement verified by the surviving spouse stating the value of the elective share and that the elective share has been paid in full. (2) The statement of the elective share shall be served on each person entitled to request a certification under section (b) prior to filing. (3) On request of the surviving spouse, personal representative, trustee of any revocable trust of the decedent, or the person responsible for filing the estate tax return, the register shall redact the value of the elective share. (b) Certification of Accuracy 82 RULE 6-418 (1) The surviving spouse, the personal representative of the decedent, the trustee of any revocable trust of the decedent, the person responsible for filing the estate tax return, any payor of any portion of the elective share, and any other person having an interest in the assets from which the elective share has been paid may request that the register certify in writing the accuracy of the calculation and payment of the portion of the augmented estate subject to election. (2) A request for certification shall be filed no more than 30 days from the date of service of the statement of the elective share. (3) If a certification is requested, the register may request in writing information and documentation the register deems necessary to verify the calculation and payment. Cross reference: Code, Estates and Trusts Article, § 3-412. REPORTER’S NOTE Proposed new Rule 6-418 implements Chapter 435, 2019 Laws of Maryland (HB 99) and establishes the process for filing a statement of the elective share after it has been paid and for an interested party to seek certification of accuracy of the calculation and payment, pursuant to Code, Estates and Trusts Article, § 3-412. Subsection (a)(1) states the requirement from the statute. Subsection (a)(2) requires the filer to serve the statement on individuals who are entitled to request certification of 83 RULE 6-418 accuracy of calculation and payment of the elective share. Once the statement is served, individuals authorized by the statute have 30 days to request the register certify the accuracy of the calculation and payment of the elective share. Attorneys, including one involved in the drafting of the legislation, advised that there should be a time period to request certification and suggested 30 days. If certification is requested, subsection (b)(3) permits the register to make written requests for information and documentation. The statute does not specify how the register can request the necessary information, and attorneys recommended specifying that the request be in writing. 84 RULE 6-434 MARYLAND RULES OF PROCEDURE TITLE 6 - SETTLEMENT OF DECEDENTS’ ESTATES CHAPTER 100 – ADMINISTRATION OF ESTATES AMEND Rule 6-434 by restyling section (a) to refer to transmitting issues on petition, by adding new section (b) to allow for transmission of elective share issues, by clarifying a reference to the orphans’ court in section (c), and by making stylistic changes as follows: RULE 6-434. (a) TRANSMITTING ISSUES Petition Transmitting on Petition In any proceeding, the orphans’ court, upon petition by a person with standing, may transmit contested issues of fact within its jurisdiction for trial to the circuit court of the county in which the orphans’ court is located. (1) Contents The petition shall set forth separately each issue to be transmitted. Each issue shall present a single, definite, and material question of fact. (b)(2) Response 85 RULE 6-434 A response may include objections to the issues set forth in the petition and offer additional issues. (b) Transmitting Elective Share Issues In a proceeding where the surviving spouse has made an election under Code, Estates and Trusts Article, § 3-403, the court, on its own initiative, may transmit issues of fact relating to the value or sources of payment of an elective share for trial to the circuit court of the county in which the election is filed. Cross reference: (c) Code, Estates and Trusts Article, § 3-413. Framing of Issues The orphans’ court, by order, shall frame the issues to be transmitted and transmit them to the appropriate circuit court. The order may designate the plaintiff and defendant for purposes of trial in the circuit court. (d) Amendment, Modification or Supplementation of Issues Upon petition, the orphans’ court may amend, supplement or modify issues previously transmitted to a circuit court. If the change is made within 15 days of a scheduled trial date, leave of the circuit court must be obtained. Cross reference: Code, Estates and Trusts Article, § 2-105. Committee note: See Nugent v. Wright, 277 Md. 615 (1976) (issues of law are impermissible). See also Hill v. Lewis, 21 Md. App. 121 (1974). Section (d) changes the rule set forth in Pegg v. Warford, 4 Md. 385 (1853), and recently reaffirmed in Kao v. Hsia, 309 Md. 366 (1987). 86 RULE 6-434 REPORTER’S NOTE Proposed amendments to Rule 6-434 implement Chapter 435, 2019 Laws of Maryland (HB 99). Code, Estates and Trusts Article, § 3-413 permits an orphans’ court, on its own initiative, to transmit issues of fact relating to the elective share to the appropriate circuit for trial. New section (b) provides for this power in addition to section (a), which allows for transmission of issues on petition of a party. 87 RULE 16-915 MARYLAND RULES OF PROCEDURE TITLE 16 – COURT ADMINISTRATION CHAPTER 900 – ACCESS TO JUDICIAL RECORDS DIVISON 2. LIMITATIONS ON ACCESS AMEND Rule 16-915 to indicate that the State may request shielding of certain information, to add a section addressing shielding of information for witnesses, and to re-letter subsequent sections, as follows: RULE 16-915. CASE RECORDS – REQUIRED DENIAL OF INSPECTION – SPECIFIC INFORMATION Except as otherwise provided by law, the Rules in this Chapter, or court order, a custodian shall deny inspection of a case record or part of a case record that would reveal: . . . (c) The address, telephone number, and e-mail address of a victim or victim’s representative in a criminal action, juvenile delinquency action, or an action under Code, Family Law Article, Title 4, Subtitle 5, who has requested, or the State has requested, that such information be shielded. Such a request may be made at any time, including in a victim notification 88 RULE 16-915 request form filed with the clerk or a request or petition filed under Rule 16-934. (d) The address, telephone number, and e-mail address of a witness in a criminal or juvenile delinquency action, who has requested, or the State has requested, that such information be shielded. Such a request may be made at any time, including a request or petition filed under Rule 16-934. (d)(e) Any part of the Social Security or federal tax identification number of an individual. (e)(f) A trade secret, confidential commercial information, confidential financial information, or confidential geological or geophysical information. (f)(g) Information about a person who has received a copy of a case record containing information prohibited by Rule 1-322.1. (g)(h) The address, telephone number, and e-mail address of a payee contained in a Consent by the payee filed pursuant to Rule 15-1302 (c)(1)(F). Cross reference: See Rule 16-934 (h) concerning information shielded upon a request authorized by Code, Courts Article, Title 3, Subtitle 15 (peace orders) or Code, Family Law Article, Title 4, Subtitle 5 (domestic violence) and in criminal actions. For obligations of a filer of a submission containing restricted information, see Rules 16-916 and 20-201.1. Source: This Rule is derived from former Rule 16-908 (2019). 89 RULE 16-915 REPORTER’S NOTE On October 1, 2020, Chapter 539, 2020 Laws of Maryland (SB 213) became effective. The new legislation adds to Code, Criminal Procedure Article, § 11-205 by noting that, upon request, the address or telephone number of a victim, victim’s representative, or witness to a domestically related crime may be withheld before the trial or an adjudicatory hearing, unless a judge finds good cause to release the information. The previous version of § 11-205 referred only to cases involving felonies or delinquent acts that would be felonies if committed by an adult. The revisions to § 11-205 prompted consideration of Code, Criminal Procedure Article, § 11-301 and review of the access Rules regarding withholding the telephone number and address of certain persons. Code, Criminal Procedure Article, § 11-301 also addresses withholding the address or phone number of a victim or witness during a criminal trial or a juvenile delinquency adjudicatory hearing if such shielding is requested by the State, the victim, or the witness. Rules 16-915 and 16934 reference shielding the contact information for a victim, a victim’s representative, or a witness. Rule 16-915 concerns the denial of inspection of specific information in a case record. Proposed amendments to Rule 16915 aim to make the Rule’s language consistent with the withholding of information permitted by Code, Criminal Procedure Article, § 11-205 and § 11-301. In section (c), the proposed amendment clarifies that the State, not just the victim or the victim’s representative, may request that the address, telephone number, and e-mail address of a victim or victim’s representative in a criminal action, juvenile delinquency action, or an action under Code, Family Law Article, Title 4, Subtitle 5, be shielded. Proposed new section (d) provides for the potential shielding of witnesses’ information as permitted by the Criminal Procedure Article. Current sections (d), (e), (f), and (g) are re-lettered as (e), (f), (g), and (h), respectively. 90 RULE 10-108 MARYLAND RULES OF PROCEDURE TITLE 10 – GUARDIANS AND OTHER FIDUCIARIES CHAPTER 100 – GENERAL PROVISIONS AMEND Rule 10-108 to conform a Committee note after subsection (a)(2) to amendments to Rule 16-915, as follows: Rule 10-108. (a) ORDERS Order Appointing Guardian . . . (2) Confidential Information Information in the order or in papers filed by the guardian that is subject to being shielded pursuant to the Rules in Title 16, Chapter 900 shall remain confidential, but, in its order, the court may permit the guardian to disclose that information when necessary to the administration of the guardianship, subject to a requirement that the information not be further disclosed without the consent of the guardian or the court. Committee note: Disclosure of identifying information to financial institutions and health care providers, for example, may be necessary to further the purposes of the guardianship. Cross reference: (d)(e). See Rule 16-914 (e) and (i) and Rule 16-915 91 RULE 10-108 . . . REPORTER’S NOTE An amendment to the cross reference after subsection (a)(2) is proposed to conform with the re-lettering of sections in Rule 16-915. 92 RULE 15-1302 MARYLAND RULES OF PROCEDURE TITLE 15 – OTHER SPECIAL PROCEEDINGS CHAPTER 1300 – STRUCTURED SETTLEMENT TRANSFERS AMEND Rule 15-1302 to conform a cross reference after subsection (c)(1)(F) to amendments to Rule 16-915, as follows: Rule 15-1302. PETITION FOR APPROVAL . . . (c) Contents of Petition In addition to any other necessary averments, the petition shall: (1) subject to section (d) of this Rule, include as exhibits: (A) a copy of the structured settlement agreement; (B) a copy of any order of a court or other governmental authority approving the structured settlement; (C) a copy of each annuity contract that provides for payments under the structured settlement agreement or, if any such annuity contract is not available, a copy of a document from the annuity issuer or obligor evidencing the payments payable under the annuity policy; (D) a copy of the transfer agreement; 93 RULE 15-1302 (E) a copy of any disclosure statement provided to the payee by the transferee; (F) a written Consent by the payee substantially in the form specified in Rule 15-1303; Cross reference: For shielding requirements applicable to identifying information contained in the payee’s Consent, see Rule 16-915 (f)(h). (G) an affidavit by the independent professional advisor selected by the payee, in conformance with Rule 15-1304; (H) a copy of any complaint that was pending when the structured settlement was established; and (I) proof of the petitioner’s current registration with the Office of the Attorney General as a structured settlement transferee or a copy of a pending application for registration as specified in Code, Courts Article, § 5-1107, if the Office of the Attorney General has not acted within the time specified in Code, Courts Article, Title 5, Subtitle 11. . . . REPORTER’S NOTE An amendment to the cross reference after subsection (c)(1)(F) is proposed to correct a reference to Rule 16-915 and to account for the re-lettering of sections in Rule 16-915. 94 RULE 16-934 MARYLAND RULES OF PROCEDURE TITLE 16 – COURT ADMINISTRATION CHAPTER 900 – ACCESS TO JUDICIAL RECORDS DIVISON 4. RESOLUTION OF DISPUTES AMEND Rule 16-934 to include juvenile delinquency proceedings in section (h), as follows: RULE 16-934. CASE RECORDS – COURT ORDER DENYING OR PERMITTING INSPECTION NOT OTHERWISE AUTHORIZED BY RULE . . . (h) Request to Shield Certain Information (1) This subsection applies to a request, filed by an individual entitled to make it, (A) to shield information in a case record that is subject to shielding under Code, Courts Article, Title 3, Subtitle 15 (peace orders) or Code, Family Law Article, Title 4, Subtitle 5 (domestic violence) or (B) in a criminal or juvenile delinquency action, to shield the address or telephone number of a victim, victim’s representative or witness. (2) The request shall be in writing and filed with the person having custody of the record. 95 RULE 16-934 (3) If the request is granted, the custodian shall deny inspection of the shielded information. The shield shall remain in effect until terminated or modified by order of court. Any person aggrieved by the custodian’s decision may file a petition under section (b) of this Rule. Committee note: If a court or District Court Commissioner grants a request to shield information under section (h) of this Rule, no adversary hearing is held unless a person seeking inspection of the shielded information files a petition under section (b) of this Rule. Source: This Rule is derived from former Rule 16-912 (2019). REPORTER’S NOTE` As noted in the Reporter’s note to Rule 16-915, Chapter 539, 2020 Laws of Maryland (SB 213) became effective on October 1, 2020. The new legislation prompted review of the Criminal Procedure Article and the access Rules regarding the withholding of the telephone number and address of a victim, victim’s representative or witness. Rule 16-934 addresses the shielding of information upon request. A proposed amendment to section (h) adds that requests to shield the address or telephone number of a victim, victim’s representative or witness may be filed in a juvenile delinquency adjudicatory hearing, as provided for in the Criminal Procedure Article. 96 RULE 19-217 MARYLAND RULES OF PROCEDURE TITLE 19 – ATTORNEYS CHAPTER 200 – ADMISSION TO THE BAR AMEND Rule 19-217 by requiring certain information be included in a motion for special admission, by requiring the attorney to be admitted to disclose certain previous special admissions and unique identifying numbers provided by Judiciary units, and by requiring a record of attorneys granted or denied special admission be maintained in the Attorney Information System, as follows: RULE 19-217. SPECIAL ADMISSION OF OUT-OF-STATE ATTORNEYS PRO HAC VICE (a) Motion for Special Admission (1) Generally A member of the Bar of this State who (A) is an attorney of record in an action pending (i) in any court of this State, or (ii) before an administrative agency of this State or any of its political subdivisions, or (B) is representing a client in an arbitration taking place in this State that involves the application of Maryland law, may move that an attorney who is a member in good standing of the Bar of another state be admitted 97 RULE 19-217 to practice in this State for the limited purpose of appearing and participating in the action as co-counsel with the movant. Committee note: “Special admission” is a term equivalent to “admission pro hac vice.” It should not be confused with “special authorization” permitted by Rules 19-218 and 19-219. (2) Where Filed (A) If the action is pending in a court, the motion shall be filed in that court. (B) If the action is pending before an administrative agency, the motion shall be filed in the circuit court for the county in which the principal office of the agency is located or in any other circuit court in which an action for judicial review of the decision of the agency may be filed. (C) If the matter is pending before an arbitrator or arbitration panel, the motion shall be filed in the circuit court for the county in which the arbitration hearing is to be held or in any other circuit c [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/court_rules%3Amd%3A504f72f430429ff2. Public record. Not legal advice.