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R U L E S

O R D E R

This Court’s Standing Committee on Rules of Practice and

Procedure having submitted its Two Hundred and Fourteenth Report

to the Supreme Court of Maryland, recommending rescission of

current Title 2, Chapter 800 and current Rule 12-401;

recommending adoption of proposed new Title 21, new Title 12,

Chapter 400, and new Rules 15-1501 and 17-106 and amendments to

current Rules 1-101, 1-104, 1-322, 1-322.1, 2-111, 2-501, 2-504,

2-504.1, 2-516, 2-532, 2-533, 2-534, 2-613, 2-647, 3-113, 3-306,

3-516, 3-533, 3-534, 4-212, 4-231, 4-252, 4-322, 4-340, 4-345,

4-348, 4-349, 5-802, 6-206, 6-416, 6-463, 6-502, 7-102, 7-104,

7-501, 8-132, 8-202, 8-205, 8-206, 8-207, 8-303, 8-412, 8-413,

8-422, 8-431, 8-501, 8-602, 8-603, 8-605, 9-205, 9-205.3, 9-303,

10-103, 10-106.1, 10-111, 10-112, 10-202, 10-205, 10-205.1, 10304, 11-106, 11-108, 11-219, 12-102, 14-207, 14-209, 15-1305,

16-302, 16-309, 16-405, 16-406, 16-502, 16-503, 16-504, 16-914,

16-934, 17-601, 18-103.10, 18-203.10, 19-220, 19-301.0 (1.0),

19-301.4 (1.4), 19-301.6 (1.6), 19-301.7 (1.7), 19-301.8 (1.8),

19-301.9 (1.9), 19-301.10 (1.10), 19-301.11 (1.11), 19-301.12

(1.12), 19-301.14 (1.14), 19-301.17 (1.17), 19-301.18 (1.18),

19-302.3 (2.3), 19-302.4 (2.4), 19-303.3 (3.3), 19-303.7 (3.7),

19-303.9 (3.9), 19-305.1 (5.1), 19-308.3 (8.3), 20-106, 20-203,

20-301, and 20-405 of the Maryland Rules of Procedure; and

transmitting, without recommendation, draft new Rule 19-204.1,

all as posted for comment on the website of the Maryland

Judiciary; and

This Court having considered the proposed Rules changes,

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

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

motion certain amendments to the proposed Rules changes, it is

this 21st day of April, 2023

ORDERED, by the Supreme Court of Maryland, that current

Title 2, Chapter 800 and current Rule 12-401 be, and they are

hereby, rescinded; and it is further

ORDERED that new Title 21, new Title 12, Chapter 400, and

new Rules 15-1501 and 17-106 be, and they are hereby, adopted in

the form attached to this Order; and it is further

ORDERED that amendments to Rules 1-101, 1-104, 1-322, 1322.1, 2-111, 2-501, 2-504, 2-504.1, 2-532, 2-533, 2-534, 2-613,

2-647, 3-113, 3-306, 3-533, 3-534, 4-212, 4-231, 4-252, 4-340,

4-345, 4-348, 4-349, 5-802, 6-206, 6-416, 6-463, 6-502, 7-102,

7-104, 7-501, 8-132, 8-202, 8-205, 8-206, 8-207, 8-303, 8-412,

8-413, 8-422, 8-431, 8-501, 8-602, 8-603, 8-605, 9-205, 9-205.3,

9-303, 10-103, 10-106.1, 10-111, 10-112, 10-202, 10-205, 10205.1, 10-304, 11-106, 11-108, 11-219, 12-102, 14-207, 14-209,

15-1305, 16-302, 16-309, 16-406, 16-502, 16-503, 16-504, 16-914,

16-915, 16-934, 17-601, 18-103.10, 18-203.10, 19-220, 19-301.0

(1.0), 19-301.4 (1.4), 19-301.6 (1.6), 19-301.7 (1.7), 19-301.8

(1.8), 19-301.9 (1.9), 19-301.10 (1.10), 19-301.11 (1.11), 19301.12 (1.12), 19-301.14 (1.14), 19-301.17 (1.17), 19-301.18

(1.18), 19-302.3 (2.3), 19-302.4 (2.4), 19-303.3 (3.3), 19-303.7

(3.7), 19-303.9 (3.9), 19-305.1 (5.1), 19-308.3 (8.3), 20-106,

20-203, and 20-405 be, and they are hereby, adopted in the form

attached to this Order; and it is further

ORDERED that draft new Rule 19-204.1 be, and it is hereby,

not adopted; and it is further

ORDERED that the proposed amendments to Rules 2-516, 3-516,

4-322, 16-405 and 20-301 and the portions of the Committee’s

proposed amendments to Rules 8-412, 8-413, and 16-503 not

heretofore adopted by this Rules Order be, and they are hereby,

withdrawn by the Standing Committee on Rules of Practice and

Procedure for further study; and it is further

ORDERED that the Rules changes hereby adopted by this Court

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

attorneys in all actions and proceedings, and shall take effect

and apply to all actions commenced on or after July 1, 2023 and,

insofar as practicable, to all actions then pending; and it is

further

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

website of the Maryland Judiciary.

/S/ Matthew J. Fader_

Matthew J. Fader

/S/ Shirley M. Watts_________

Shirley M. Watts

/S/Michele D. Hotten_________

Michele D. Hotten

/S/ Brynja M. Booth _________

Brynja M. Booth

/S/ Jonathan Biran

_________

Jonathan Biran

/S/ Steven B. Gould

_________

Steven B. Gould

/S/ Angela M. Eaves _________

Angela M. Eaves

Filed: April 21, 2023

/S/ Gregory Hilton_________

Clerk

Supreme Court of Maryland

Pursuant to the Maryland Uniform Electronic Legal Materials

Act (§§ 10-1601 et seq. of the State Government Article) this

document is authentic.

2023-04-21 08:53-04:00

Gregory Hilton, Clerk

MARYLAND RULES OF PROCEDURE

TITLE 1 – GENERAL PROVISIONS

CHAPTER 100 – APPLICABILITY AND CITATION

AMEND Rule 1-101 by adding new section (u) pertaining to

new Title 21, by replacing “Court of Appeals” with “Supreme

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

throughout this Rule, and by adding two references to justices,

as follows:

Rule 1-101.

APPLICABILITY

. . .

(h)

Title 8

Title 8 applies to appellate review in the Court of

Appeals Supreme Court and the Court of Special Appeals Appellate

Court.

. . .

(q)

Title 17

Title 17 applies to alternative dispute resolution

proceedings in civil actions in the District Court, a circuit

court, an orphans' court, and the Court of Special Appeals

Appellate Court, except for actions or orders to enforce a

contractual agreement to submit a dispute to alternative dispute

resolution.

Title 17 also applies to collaborative law

processes under the Maryland Uniform Collaborative Law Act.

(r)

Title 18

Title 18 applies to justices, judges, and judicial

appointees.

. . .

(t)

Title 20

Title 20 applies to electronic filing and case management

in the trial and appellate courts of this State as specified in

Rule 20-102.

Where practicable, Rules 20-101 (e), 20-101 (g),

20-101 (u), and 20-107 may be applied to the signature of a

justice, judge, judicial officer, judicial appointee, or court

clerk in proceedings in a county that is not an MDEC County to

the same extent they apply in an MDEC County, and Rules 20-403

through 20-406 may be applied in appeals and other proceedings

in the Court of Appeals and Court of Special Appeals Supreme

Court and Appellate Court arising out of a court that is a nonMDEC court to the same extent they apply in matters arising out

of a court in an MDEC County.

(u)

Title 21

Title 21 applies to remote electronic participation in

judicial proceedings conducted in the Supreme Court, the

Appellate Court, a circuit court, or the District Court.

Source:

This Rule is new.

MARYLAND RULES OF PROCEDURE

TITLE 1 – GENERAL PROVISIONS

CHAPTER 100 – APPLICABILITY AND CITATION

AMEND Rule 1-104 by retitling section (a) to refer to

opinions of the appellate courts of Maryland; by creating new

subsection (a)(1) stating that unreported opinions of the

Supreme Court or the Appellate Court are not precedent; by

deleting the prohibition of citation to unreported opinions as

persuasive authority; by adding a cross reference after

subsection (a)(1); by adding new subsection (a)(2)(A) governing

citation to unreported opinions generally; by adding an

exception to the prohibition of citation to unreported opinions

as persuasive authority; by deleting the Committee note

following current section (b); by adding new subsection

(a)(2)(B) governing citation to signed unreported opinions as

persuasive authority under certain circumstances; by adding a

Committee note following subsection (a)(2)(B) pertaining to

online availability of unreported opinions; by adding new

section (b) governing citation to opinions by courts in other

jurisdictions; by adding a cross reference to Maryland cases

pertaining to the persuasive value of unreported opinions of

courts in other jurisdictions; by adding new section (c)

governing attaching a cited opinion, order, or decision under

certain circumstances; and by making stylistic changes, as

follows:

Rule 1-104.

(a)

UNREPORTED OPINIONS

Not Authority Opinions of the Appellate Courts of

Maryland

(1) Not Precedent

An unreported opinion of the Court of Appeals or Court

of Special Appeals Supreme Court or the Appellate Court is

neither not precedent within the rule of stare decisis nor

persuasive authority.

Cross reference: See Rule 8-605.1 regarding reporting of

opinions of the Appellate Court.

(b)(2) Citation

(A) Generally

An unreported opinion of either Court the Supreme

Court or the Appellate Court may not be cited in either Court

for any purpose other than as precedent within the rule of stare

decisis or, except as provided in subsection (a)(2)(B) of this

Rule, as persuasive authority.

In any other court, an An

unreported opinion of either Court may be cited only (1)(i) when

relevant under the doctrine of the law of the case, res

judicata, or collateral estoppel, (2)(ii) in a criminal action

or related proceeding involving the same defendant, or (3)(iii)

in a disciplinary action involving the same respondent, or (iv)

as persuasive authority as provided in subsection (a)(2)(B) of

this Rule.

Committee note: A request that an unreported opinion be

designated for reporting is governed by Rule 8-605.1 (b).

(B) Persuasive Authority

Unless designated as a per curiam opinion, an

unreported opinion issued on or after July 1, 2023 may be cited

for its persuasive value only if no reported authority

adequately addresses an issue before the court.

The citation

shall clearly identify the opinion as unreported and include the

case number, term, and date the opinion was filed.

unreported per curiam opinion may not be cited as persuasive

authority.

Committee note: Unreported opinions issued after May 1, 2015

are available on the Judiciary website.

(b) Opinions Issued by Courts in Other Jurisdictions

An unreported or unpublished opinion, order, or other

decision issued by a federal court or by a court in a

jurisdiction other than Maryland may be cited as persuasive

authority if the jurisdiction in which the opinion was issued

would permit it to be cited as persuasive authority or as

precedent.

The citation shall indicate whether the opinion is

precedent in the issuing jurisdiction.

Cross reference: See MAS Associates v. Korotki, 465 Md. 457,

479 n.11 (2019) and Gambrill v. Bd. Of Educ. of Dorchester

County, 252 Md. App. 342 (2021), rev’d on other grounds, 481 Md.

274 (2022) regarding the persuasive value of unreported or

unpublished authority from courts in other jurisdictions.

If a party cites an opinion, order, or decision that is

not available in a publicly accessible electronic database, the

party shall attach a copy of the cited document to the pleading,

brief, or other paper in which the document is cited.

Source: This Section (a) of this Rule is derived in part from

former Rule 8-114, which was derived from former Rules 1092 c

and 891 a 2, and is in part new. Sections (b) and (c) are new.

MARYLAND RULES OF PROCEDURE

TITLE 1 – GENERAL PROVISIONS

CHAPTER 300 – GENERAL PROVISIONS

AMEND Rule 1-322 by adding to the list of items in section

(a) that may be filed directly by electronic transmission, by

updating references to the Supreme Court of the United States in

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

Court,” and by making stylistic changes, as follows:

Rule 1-322.

(a)

FILING OF PLEADINGS, PAPERS, AND OTHER ITEMS

Generally

The filing of pleadings, papers, and other items with the

court shall be made by filing them with the clerk of the court,

except that a judge of that court may accept the filing, in

which event the judge shall note on the item the date the judge

accepted it for filing and forthwith transmit the item to the

office of the clerk.

On the same day that an item is received

in a clerk's office, the clerk shall note on it the date it was

received and enter on the docket that date and any date noted on

the item by a judge.

The item shall be deemed filed on the

earliest of (1) the filing date noted by a judge on the item,

(2) the date noted by the clerk on the item, or (3) the date

established under section (d) of this Rule.

No item may be

filed directly by electronic transmission, except (1) pursuant

to an electronic filing system approved under Rule 16-203, (2)

as permitted by Rule 14-209.1, (3) as provided in section (b) of

this Rule, (4) as permitted by Code, Family Law Article, § 4505.1, or (4)(5) pursuant to Title 20 of these Rules.

(b)

Electronic Transmission of Mandates of the U.S. Supreme

Court of the United States

A Maryland court shall accept a mandate of the Supreme

Court of the United States transmitted by electronic means

unless the court does not have the technology to receive it in

the form transmitted, in which event the clerk shall promptly so

inform the Clerk of the Supreme Court of the United States and

request an alternative method of transmission.

The clerk of the

Maryland court may request reasonable verification of the

authenticity of a mandate transmitted by electronic means.

(c)

Photocopies; Facsimile Copies

A photocopy or facsimile copy of a pleading or paper,

once filed with the court, shall be treated as an original for

all court purposes.

The attorney or party filing the copy shall

retain the original from which the filed copy was made for

production to the court upon the request of the court or any

party.

(d)

Filings by Self-Represented Individuals Confined in

Certain Facilities

(1) Application of section Section

This section applies only to self-represented

individuals who (A) are confined in a correctional or other

detention facility pursuant to a court order in a criminal or

juvenile delinquency case, (B) have no direct access to the U.S.

Postal Service or the ability to file an electronic submission

under the Rules in Title 20, and (C) seek relief from a criminal

conviction or their confinement by filing (i) a motion for new

trial, an appeal, an application for review of sentence by a

panel, a motion for modification of sentence, a petition for

certiorari in the Court of Appeals Supreme Court, an application

for leave to appeal, a motion or petition for a writ of habeas

corpus or coram nobis, a motion or petition for statutory postconviction relief, or a petition for judicial review of the

denial of an inmate grievance complaint, or (ii) a paper in

connection with any of those matters.

(2) Generally

A pleading or paper filed under this section shall be

deemed to have been filed on the date that the pleading or

paper, in mailable form and with proper postage affixed, was

deposited by the individual into a receptacle designated by the

facility for outgoing mail or personally delivered to an

employee of the facility authorized by the facility to collect

such mail.

The clerk shall record the date a filing was

received by the clerk, docket the filing, and make a note for

the court of any discernable filing date as defined in

subsection (d)(3).

(3) Proof of Date of Filing

The date of filing may be proved by (A) a date stamp

affixed by the facility to the pleading, paper, or envelope

containing the pleading or paper, or (B) a Certificate of Filing

attached to or included with the pleading or paper,

substantially in the form provided in subsection (d)(4) of this

Rule that, in the event of a dispute, the court finds to be

credible.

(4) Certificate of Filing

A Certificate of Filing shall be substantially in the

following form:

CERTIFICATE OF FILING

I, __________ (name), certify that (1) I am involuntarily

confined in __________ (name of facility); (2) I have no direct

access to the U.S. Postal Service or to a permitted means of

electronically filing the attached pleading or paper; (3) on

__________ (date) at approximately __________ (time) I

personally [ ] deposited the attached pleading or paper for

mailing in a receptacle designated by the facility for outgoing

mail or [ ] delivered it to an employee of the facility

authorized by the facility to collect outgoing mail; and (4) the

item was in mailable form and had the correct postage on it.

I solemnly affirm this ___ day of __________, 20 ___ under the

penalty of perjury and upon personal knowledge that the

foregoing statements are true.

__________________________________________

(Signature)

Committee note: This section recognizes that individuals who

are confined in a correctional or detention facility usually

have no direct access to the U.S. Postal Service and may be

dependent on the facility to deliver outgoing mail to the Postal

Service on behalf of the confined individual. The best the

individual in that situation can do is to deposit the item in a

mail collection receptacle provided by the facility or, if that

be the practice of the facility, deliver it to an employee of

the facility authorized by the facility to collect outgoing

mail. The section also recognizes that the facility may not

actually collect the mail on the day it is deposited and may not

affix a date-stamp showing when the mail was collected. Proving

the date that the item was actually deposited in the facility's

mailbox may therefore be difficult, other than by an affidavit

from the filer, which may not always be credible. In the event

of any question or dispute, the court can consider, in addition

to the affidavit and for such relevance it may have, the U.S.P.S

post mark on the envelope, any internal date stamp applied by

the facility, any written policy of the facility regarding

outgoing mail from confined individuals that had been

communicated to those individuals, and other relevant and

reliable evidence.

Cross reference: See Rule 1-301 (d), requiring that court

papers be legible and of permanent quality.

Source: This Rule is derived in part from the 1980 version of

Fed. R. Civ. P. 5 (e) and Rule 102 1 d of the Rules of the

United States District Court for the District of Maryland and is

in part new.

MARYLAND RULES OF PROCEDURE

TITLE 1 – GENERAL PROVISIONS

CHAPTER 100 – APPLICABILITY AND CITATION

AMEND Rule 1-322.1 by deleting “the last four digits of the

Social Security or taxpayer identification number or” from

subsection (d)(1) and by making a clarifying amendment to the

Committee note following subsection (d)(1), as follows:

Rule 1-322.1.

EXCLUSION OF PERSONAL IDENTIFIER INFORMATION IN

COURT FILINGS

(a)

Applicability

This Rule applies only to pleadings and other papers

filed in an action on or after July 9, 2013 by a person other

than a judge or judicial appointee.

The Rule does not apply to

administrative records, business license records, or notice

records, as those terms are defined in Rule 16-903.

Committee note: Although not subject to this Rule, judges and

judicial appointees should be aware of the purpose of the Rule

and refrain from including personal identifier information in

their filings, unless necessary.

Cross reference: For the definition of “action,” see Rule 1202. For the prohibition against including certain personal

information on recordable instruments, see Code, Real Property

Article, § 3-111. For the prohibition against publicly posting

or displaying on an Internet Website certain personal

information contained in court records, including notice

records, see Code, Courts Article, § 1-205.

(b)

Generally

Except as otherwise provided in this Rule, required by

law, permitted by court order, or required to implement a court

order, the filer of any paper or electronic filing with a court

shall not include in the filing the following personal

identifier information:

(1) an individual’s Social Security number or taxpayer

identification number; or

(2) the numeric or alphabetic characters of a financial or

medical account identifier.

(c)

Exceptions

Unless otherwise provided by law or court order, section

(b) of this Rule does not apply to the following:

(1) a financial account identifier that identifies the

property allegedly subject to forfeiture in a forfeiture

proceeding; or

(2) the record of an administrative agency proceeding.

(d)

Alternatives

If, by reason of the nature of the action, it is

necessary to include in a filing personal identifier information

described in section (b) of this Rule, the filer may:

(1) include in the filing only the last four digits of the

Social Security or taxpayer identification number or the last

four characters of the financial or medical account identifier,

unless that identifier consists of fewer than eight characters,

in which event all characters shall be redacted;

Committee note: Financial accounts include credit and debit

card accounts, bank accounts, brokerage accounts, insurance

policies, and annuity contracts. PIN numbers Personal

identification numbers (PINs) or other account passwords also

may need to be redacted, as well as health information

identifiers.

(2) file the unredacted document under seal, if permitted by

order of court;

(3) if the full information is required to be provided only

to another party or to a court official, other than a judge or

judicial appointee, provide the information separately to that

party or official and file only a certificate that the

information has been so provided;

Committee note: It may be necessary to provide personal

identifier information to a court official, including a clerk,

sheriff, or constable, in order for that official to send or

serve notices, summonses, or other documents. Subsection (d)(3)

of this Rule is not intended to permit ex parte communications

with a judge.

(4) if the full information is required to be in the filing

and the filing is a paper filing, file the paper in duplicate,

one copy with the information redacted as required by section

(b) of this Rule and one copy without redaction, together with

instructions to the clerk to shield the unredacted copy in

conformance with the Rules in Title 16, Chapter 900; or

(5) if the full information is required to be in the filing

and the filing is electronic, designate, in conformance with the

applicable electronic filing requirements, the information to be

redacted or shielded for purposes of public access.

Cross reference:

See Rule 20-201.

· · ·

MARYLAND RULES OF PROCEDURE

TITLE 2 – CIVIL PROCEDURE – CIRCUIT COURT

CHAPTER 100 – COMMENCEMENT OF ACTION AND PROCESS

AMEND Rule 2-111 by adding new subsection (a)(1) containing

the first sentence of current section (a), by deleting reference

to administrative order of the Chief Judge of the Court of

Appeals in section (a), by adding a provision related to actions

governed by Title 7 of these Rules or commenced by petition, by

adding new subsection (a)(2) containing exceptions to the

general requirement that a plaintiff file an information report

with a complaint, by adding new subsection (a)(3) containing the

second sentence of current section (a), by deleting the

Committee note following section (a), and by making stylistic

changes, as follows:

Rule 2-111.

(a)

PROCESS – REQUIREMENTS PRELIMINARY TO SUMMONS

Information Report

(1) Generally

Except as otherwise provided by administrative order of

the Chief Judge of the Court of Appeals approved by the Court of

Appeals this Rule, the plaintiff shall file with the complaint

an information report substantially in the form available from

the clerk pursuant to Rule 16-302 (b).

If an action is governed

by the Rules in Title 7 or commenced in the circuit court by

filing a petition, an information report is not required to be

filed unless ordered by the court.

(2) Exceptions

An information report is not required to be filed with

the complaint in the following actions:

(A) confessed judgment (Rule 2-611);

(B) friendly suit;

(D) condemnation filed by State Roads Commission for

unaccelerated quick-take (Code, Transportation Article, §§ 8-318

through 8-321);

(E) foreclosure (Rules 14-201 through 14-218);

(F) action for release of lien instrument (Rule 12-103);

(G) action against Maryland Automobile Insurance Fund or

uninsured motorist (Rules 15-801 through 15-805);

(H) Maryland Uniform Interstate Family Support Act (Code,

Family Law Article, §§ 10-301 through 10-371);

(I) mechanics’ lien (Rules 12-301 through 12-308);

(J) paternity (Code, Family Law Article, §§ 5-1001 through

5-1048); and

(K) tax sales (Rules 14-501 through 14-506; Code, TaxProperty Article, §§ 14-801 through 14-854).

(3) Effect of Failure to File

If the plaintiff fails to file a required information

report with the complaint, the court may proceed without the

plaintiff’s information to assign the action to any track within

the court’s differentiated case management system.

Committee note: By revised administrative order of the Chief

Judge approved by the Court of Appeals on December 2, 2005

effective December 2, 2005, an information report is not

required to be filed with a complaint within the following

categories:

(1) Appeal from District Court (Rules 7-101 through 7-116);

(2) Appeal from orphans' court (Code, Courts Article, § 12-502);

(3) Certiorari in circuit court (Rule 7-301);

(4) Judicial review of administrative agency decision (Rules 7201 through 7-210);

(5) Transfer from District Court on jury trial prayer (Rule 2326);

(6) Confessed judgment (Rule 2-611);

(7) Contempt for failure to pay child support, when filed by a

government agency;

(8) Dishonored instrument-on transfer from District Court (Code,

Commercial Law Article, § 15-802);

(9) Domestic violence relief under Code, Family Law Article, §§

4-501 through 4-516, including Rule 3-326(c) transfer;

(10) Friendly suit;

(11) Juvenile cause, other than action to terminate parental

rights and related adoption or to expunge criminal record (Rules

11-101 through 11-122), which procedures currently are set forth

in Rules 11-101 through 11-220, 11-401 through 11-425, and 11501 through 11-505; and

(12) The following special proceedings:

(a) Absent person-termination of property interest (Code,

Courts Article, §§ 3-101 through 3-110);

(b) Burial ground sale (Rule 14-401);

unaccelerated quick-take (Code, Transportation Article, §§ 8-318

through 8-321);

(d) Contempt, civil or criminal, other than for violation

of order or judgment entered under Code, Family Law Article

(Rules 15-201 through 15-208);

(e) Fiduciary estate (Rules 10-501 through 10-712);

(f) Foreclosure (Rules 14-201 through 14-210);

(g) Guardianship, other than action to terminate parental

rights (Rules 10-201 through 10-305);

(h) Habeas corpus (Rules 15-301 through 15-312);

(i) Judicial release from confinement for mental disorder

(Rule 15-601);

(j) Judicial sale (Rules 14-301 through 14-306);

(k) Lien instrument-action to release (Rule 12-103);

(l) Lis pendens-proceeding to establish or terminate (Rule

12-102);

(m) Maryland Automobile Insurance Fund or uninsured

motorist-action against (Rules 15-801 through 15-805);

(n) Maryland Uniform Interstate Family Support Act (Code,

Family Law Article, §§ 10-301 through 10-359);

(o) Mechanics' lien (Rules 12-301 through 12-308);

(p) Name change, other than in connection with adoption or

divorce (Rule 15-901);

(q) Paternity, when filed by government agency (Code,

Family Law Article, §§ 5-1001 through 5-1048);

(r) Post conviction (Rules 4-401 through 4-408); and

(s) Tax sale (Rules 14-501 through 14-506; Code, TaxProperty Article, §§ 14-801 through 14-854).

(b)

Summons

For each summons to be issued, the plaintiff shall

furnish to the clerk a copy of the complaint, a copy of each

exhibit or other paper filed with the complaint, and a copy of

the information report specified in section (a) of this Rule.

(c)

Instructions for the Sheriff

A person requesting service of process by the sheriff

shall furnish to the clerk all available information as to the

name and location, including the county where service is to be

made, of the person to be served.

The information required by

this section may be included in the caption of the case.

Source: This Rule is derived as follows:

Section (a) is new.

Section (b) is derived from former Rule 103 g.

Section (c) is derived from former Rule 103 b.

MARYLAND RULES OF PROCEDURE

TITLE 2 – CIVIL PROCEDURE – CIRCUIT COURT

CHAPTER 500 – TRIAL

AMEND Rule 2-501 by updating the citation in a cross

reference following section (f), as follows:

Rule 2-501.

MOTION FOR SUMMARY JUDGMENT

· · ·

(f)

Entry of Judgment

The court shall enter judgment in favor of or against the

moving party if the motion and response show that there is no

genuine dispute as to any material fact and that the party in

whose favor judgment is entered is entitled to judgment as a

matter of law.

By order pursuant to Rule 2-602 (b), the court

may direct entry of judgment (1) for or against one or more but

less than all of the parties to the action, (2) upon one or more

but less than all of the claims presented by a party to the

action, or (3) for some but less than all of the amount

requested when the claim for relief is for money only and the

court reserves disposition of the balance of the amount

requested.

If the judgment is entered against a party in

default for failure to appear in the action, the clerk promptly

shall send a copy of the judgment to that party at the party's

last known address appearing in the court file.

Cross reference: Section 521 3931 of the Servicemembers Civil

Relief Act, 50 U.S.C. app. §§ 501 et seq. 50 U.S.C. §§ 3901 et

seq., imposes specific requirements that must be fulfilled

before a default judgment may be entered.

· · ·

MARYLAND RULES OF PROCEDURE

TITLE 2 – CIVIL PROCEDURE – CIRCUIT COURT

CHAPTER 500 – TRIAL

AMEND Rule 2-504 by updating a reference to the Chief Judge

of the Court of Appeals to Chief Justice of the Supreme Court in

subsection (a)(2) and by updating a reference in subsection

(b)(2)(I), as follows:

Rule 2-504.

(a)

SCHEDULING ORDER

Order Required

(1) Unless otherwise ordered by the County Administrative

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

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

not the court orders a scheduling conference pursuant to Rule 2504.1.

(2) The County Administrative Judge shall prescribe the

general format of scheduling orders to be entered pursuant to

this Rule.

A copy of the prescribed format shall be furnished

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

Supreme Court.

(3) Unless the court orders a scheduling conference pursuant

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

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

filed by any defendant.

If the court orders a scheduling

conference, the scheduling order shall be entered promptly after

conclusion of the conference.

(b)

Contents of Scheduling Order

(1) Required

A scheduling order shall contain:

(A) an assignment of the action to an appropriate

scheduling category of a differentiated case management system

established pursuant to Rule 16-302;

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

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

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

(g)(1);

notice required by Rule 2-504.3 (b) concerning computergenerated evidence;

(D) a date by which all discovery must be completed;

(E) a date by which all dispositive motions must be filed,

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

all discovery must be completed;

Cross reference: See Rule 2-501 (a), which provides that after

the date by which all dispositive motions are to be filed, a

motion for summary judgment may be filed only with the

permission of the court.

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

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

allowed as of right; and

(H) any other matter resolved at a scheduling conference

held pursuant to Rule 2-504.1.

(2) Permitted

A scheduling order also may contain:

(A) any limitations on discovery otherwise permitted under

these rules, including reasonable limitations on the number of

interrogatories, depositions, and other forms of discovery;

(B) the resolution of any disputes existing between the

parties relating to discovery;

available and appropriate form of alternative dispute

resolution, including a requirement that individuals with

authority to settle be present or readily available for

consultation during the alternative dispute resolution

proceeding, provided that the referral or direction conforms to

the limitations of Rule 2-504.1 (e);

(D) an order designating or providing for the designation

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

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

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

(F) a further scheduling conference or pretrial conference

date;

(G) provisions for discovery of electronically stored

information;

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

privilege or of protection after production;

(I) procedures and requirements the court finds necessary

when any proceedings in the action will be conducted by remote

electronic participation pursuant to Title 2, Chapter 800 Title

21 of these Rules;

(J) a requirement that, to the extent practicable, all

documentary exhibits in an MDEC action be indexed, pre-numbered,

and pre-filed in accordance with Rule 20-106 (f); and

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

action.

...

MARYLAND RULES OF PROCEDURE

TITLE 2 – CIVIL PROCEDURE – CIRCUIT COURT

CHAPTER 500 – TRIAL

AMEND Rule 2-504.1 by updating a reference in section (a)

and by deleting an extraneous comma in subsection (a)(4), as

follows:

Rule 2-504.1.

(a)

SCHEDULING CONFERENCE

When Required

In any of the following circumstances, the court shall

issue an order requiring the parties to attend a scheduling

conference, in person or by remote electronic participation

pursuant to the Rules in Title 2, Chapter 800 Title 21 of these

Rules:

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

scheduling category for which the case management plan adopted

pursuant to Rule 16-302 (b) requires a scheduling conference;

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

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

(3) in an action in which jury selection or any other

significant proceeding will be conducted by remote electronic

participation; or

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

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

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

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

of any party to pursue an available and appropriate form of

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

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

. . .

MARYLAND RULES OF PROCEDURE

TITLE 2 – CIVIL PROCEDURE – CIRCUIT COURT

CHAPTER 500 – TRIAL

AMEND Rule 2-532 by changing “information report” to “Civil

Appeal Information Report” in the cross reference following

section (b) and by updating a reference to the Court of Special

Appeals to the Appellate Court, as follows:

Rule 2-532.

MOTION FOR JUDGMENT NOTWITHSTANDING THE VERDICT

· · ·

(b)

Time for Filing

· · ·

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

of the Court of Special Appeals Appellate Court of information

not disclosed in an information report a Civil Appeal

Information Report regarding the filing of a motion under this

Rule, or its withdrawal or disposition.

· · ·

MARYLAND RULES OF PROCEDURE

TITLE 2 – CIVIL PROCEDURE – CIRCUIT COURT

CHAPTER 500 – TRIAL

AMEND Rule 2-533 by changing “information report” to “Civil

Appeal Information Report” in the cross reference following

section (a) and by updating a reference to the Court of Special

Appeals to the Appellate Court, as follows:

Rule 2-533.

(a)

MOTION FOR NEW TRIAL

Time for Filing

· · ·

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

of the Court of Special Appeals Appellate Court of information

not disclosed in an information report a Civil Appeal

Information Report regarding the filing of a motion under this

Rule, or its withdrawal or disposition.

· · ·

MARYLAND RULES OF PROCEDURE

TITLE 2 – CIVIL PROCEDURE – CIRCUIT COURT

CHAPTER 500 – TRIAL

AMEND Rule 2-534 by changing “information report” to “Civil

Appeal Information Report” in the cross reference and by

updating a reference to the Court of Special Appeals to the

Appellate Court, as follows:

Rule 2-534.

MOTION TO ALTER OR AMEND A JUDGMENT – COURT

DECISION

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

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

open the judgment to receive additional evidence, may amend its

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

forth additional findings or reasons, may enter new findings or

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

judgment.

A motion to alter or amend a judgment may be joined

with a motion for new trial.

A motion to alter or amend a

judgment filed after the announcement or signing by the trial

court of a judgment but before entry of the judgment on the

docket shall be treated as filed on the same day as, but after,

the entry on the docket.

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

of the Court of Special Appeals Appellate Court of information

not disclosed in an information report a Civil Appeal

Information Report regarding the filing of a motion under this

Rule, or its withdrawal or disposition.

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

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

MARYLAND RULES OF PROCEDURE

TITLE 2 – CIVIL PROCEDURE – CIRCUIT COURT

CHAPTER 600 – JUDGMENT

AMEND Rule 2-613 by updating the citation in a cross

reference following section (g), as follows:

Rule 2-613.

MOTION FOR SUMMARY JUDGMENT

· · ·

(g)

Finality

A default judgment entered in compliance with this Rule

is not subject to the revisory power under Rule 2-535 (a) except

as to the relief granted.

Cross reference: Section 521 3931 of the Servicemembers Civil

Relief Act, 50 U.S.C. app. §§ 501 et seq. 50 U.S.C. §§ 3901 et

seq., imposes specific requirements that must be fulfilled

before a default judgment may be entered.

Source: This Rule is derived as follows:

Section (a) is new.

Section (b) is new.

Section (c) is new.

Section (d) is new.

Section (e) is new.

Section (f) is new. The second sentence is derived from the

last sentence of the 1937 version of Fed. R. Civ. P. 55(b)(2).

Section (g) is new.

MARYLAND RULES OF PROCEDURE

TITLE 2 – CIVIL PROCEDURE – CIRCUIT COURT

CHAPTER 600 – JUDGMENT

AMEND Rule 2-647 by adding a case citation to the cross

reference, as follows:

Rule 2-647.

ENFORCEMENT OF JUDGMENT AWARDING POSSESSION

Upon the written request of the holder of a judgment awarding

possession of property, the clerk shall issue a writ directing

the sheriff to place that party in possession of the property.

The request shall be accompanied by instructions to the sheriff

specifying (a) the judgment, (b) the property and its location,

and (c) the party to whom the judgment awards possession.

The

clerk shall transmit the writ and the instructions to the

sheriff.

When a judgment awards possession of property or the

payment of its value, in the alternative, the instructions shall

also specify the value of the property, and the writ shall

direct the sheriff to levy upon real or personal property of the

judgment debtor to satisfy the judgment if the specified

property cannot be found.

When the judgment awards possession

of real property located partly in the county where the judgment

is entered and partly in an adjoining county, the sheriff may

execute the writ as to all of the property.

Cross reference: See Code, Real Property Article, § 7-113(c)(1)

for an alternate method to take possession of residential real

property when the person claiming a right to possession of the

property by the terms of a foreclosure sale or court order does

not have a court-ordered writ of possession executed by a

sheriff or constable. For authority of a sheriff's department

to set conditions for removal of personalty or eviction in

inclement weather, see Thornton Mellon, LLC v. Frederick County

Sheriff, 479 Md. 474 (2022).

Source:

This Rule is new.

MARYLAND RULES OF PROCEDURE

TITLE 2 – CIVIL PROCEDURE — CIRCUIT COURT

CHAPTER 800. REMOTE ELECTRONIC PARTICIPATION

TABLE OF CONTENTS

Rule 2-801.

DEFINITIONS

(a) Evidentiary Proceeding

(b) Judicial Proceeding

(d) Participant

(e) Remote Electronic Participation

(f) Remote Location

(g) Video Conferencing

(h) Virtual Jury Trial

Rule 2-802. NON-EVIDENTIARY PROCEEDINGS

(a) In General

(b) On Court’s Own Initiative

Rule 2-803.

EVIDENTIARY PROCEEDINGS

(a) In General

(b) On Court’s Own Initiative

Rule 2-804.

CONDITIONS ON REMOTE ELECTRONIC PARTICIPATION

(a) Personal Appearance

(b) Standards

Communications

(d) Method of Remote Electronic Participation

(e) Record

(f) Recording of Proceedings

(g) Public Access

Rule 2-805.

STANDARDS AND REQUIREMENTS

(a) Existing Remote Electronic Participation Programs

(b) Standards and Requirements for Remote Electronic

Participation

Rule 2-806. REMOTE ELECTRONIC PARTICIPATION AUTHORIZED BY OTHER

SPECIFIC LAW

Rule 2-807.

VIRTUAL JURY TRIALS

(a) Applicability

(b) Circumstances Warranting Virtual Jury Trial

(d) Subpoenas

(e) Jurors

(f) Use of Electronic Devices

(g) Recording Proceedings

MARYLAND RULES OF PROCEDURE

TITLE 2 – CIVIL PROCEDURE — CIRCUIT COURT

CHAPTER 800. REMOTE ELECTRONIC PARTICIPATION

DELETE Rule 2-801, as follows:

Rule 2-801.

DEFINITIONS

In this Chapter, the following definitions apply except as

otherwise provided or as necessary implication requires:

(a)

Evidentiary Proceeding

“Evidentiary proceeding” means a judicial proceeding at

which evidence in any form will be presented.

(b)

Judicial Proceeding

“Judicial proceeding” means any evidentiary or non-

evidentiary proceeding over which a judge, magistrate, auditor,

or examiner presides.

(c)

Non-Evidentiary Proceeding

“Non-evidentiary proceeding” means a judicial proceeding,

including a conference, presided over by a judge, magistrate,

auditor, or examiner, where neither testimony nor documentary or

physical evidence will be presented, other than by stipulation

by all parties.

Committee note: Consideration of documents attached to a motion

or a response to a motion does not, itself, preclude a hearing

on the motion from being deemed a “non-evidentiary proceeding.”

(d)

Participant

“Participant” includes a party, witness, attorney for a

party or witness, judge, magistrate, auditor, or examiner, and

any other individual entitled to speak or make a presentation at

the proceeding.

(e)

Remote Electronic Participation

“Remote electronic participation” means simultaneous

participation in a judicial proceeding or conference from a

remote location by means of telephone, video conferencing, or

other electronic means approved by the court pursuant to the

Rules in this Chapter.

(f)

Remote Location

“Remote location” means a place other than the courtroom

or other physical location where a judicial proceeding or

conference is to be conducted.

For purposes of this definition,

the place where a judicial proceeding or conference is to be

conducted is the place from which the presiding judicial

official will be participating.

Committee note: Section (f) of this Rule takes account of the

situation in which the presiding judicial official also will be

participating from a place other than the court facility.

(g)

Video Conferencing

“Video conferencing” means a method of conducting a

judicial proceeding by the use of an interactive technology that

sends video, voice, and data signals over a transmission circuit

so that two or more individuals or groups can communicate with

each other simultaneously using video monitors and related audio

equipment.

(h)

Virtual Jury Trial

“Virtual jury trial” means a jury trial conducted by

remote electronic participation.

Source:

This Rule is new.

MARYLAND RULES OF PROCEDURE

TITLE 2 – CIVIL PROCEDURE — CIRCUIT COURT

CHAPTER 800. REMOTE ELECTRONIC PARTICIPATION

DELETE Rule 2-802, as follows:

Rule 2-802.

(a)

NON-EVIDENTIARY PROCEEDINGS

In General

Subject to Rule 2-804, a court, on motion or on its own

initiative, may permit or require one or more participants or

all participants to participate in a non-evidentiary proceeding

by means of remote electronic participation, unless, upon

objection by a party, the court finds, with respect to that

proceeding, that remote electronic participation would be likely

to cause substantial prejudice to a party or adversely affect

the fairness of the proceeding.

With the approval of the county

administrative judge or the judge's designee, remote electronic

participation in a non-evidentiary proceeding before a

magistrate, examiner, or auditor is permitted in accordance with

the Rules in this Chapter.

Committee note: The intent of this Rule is to allow a court to

permit or require remote electronic participation in nonevidentiary proceedings, including (1) status and scheduling

conferences, (2) discussion of other administrative matters in

which the physical presence of one or more participants is not

essential; (3) proceedings limited to the argument of motions,

petitions, requests, or applications involving only questions of

law or procedure; and (4) judicial review actions to be decided

on the record made before an administrative agency.

(b)

On Court's Own Initiative

(1) In General

The county administrative judge, by administrative order

entered as part of the court's case management plan, may direct

that specific categories of non-evidentiary proceedings

routinely be conducted, in whole or in part, by remote

electronic participation unless otherwise ordered, for good

cause, by the presiding judge in a particular case.

(2)

In Particular Proceeding

If the court intends to permit or require remote

electronic participation on its own initiative in a proceeding

not subject to an administrative order entered pursuant to

subsection (b)(1) of this Rule, the court shall notify the

parties of its intention to do so and afford them a reasonable

opportunity to object.

An objection shall state specific

grounds and may be ruled upon without a hearing.

Source:

This Rule is new.

MARYLAND RULES OF PROCEDURE

TITLE 2 – CIVIL PROCEDURE — CIRCUIT COURT

CHAPTER 800. REMOTE ELECTRONIC PARTICIPATION

DELETE Rule 2-803, as follows:

Rule 2-803.

(a)

EVIDENTIARY PROCEEDINGS

In General

Subject to section (b) of this Rule and Rule 2-804, a

court, on motion or on its own initiative, may permit one or

more participants or all participants to participate in an

evidentiary proceeding by means of remote electronic

participation (1) with the consent of all parties, or (2) in

conformance with section (c) of this Rule.

With the approval of

the county administrative judge or the judge's designee, remote

electronic participation in an evidentiary proceeding before a

magistrate, examiner, or auditor is permitted in accordance with

the Rules in this Chapter.

(b)

On Court's Own Initiative

If the court intends to permit remote electronic

participation pursuant to this Rule on its own initiative, it

shall notify the parties of its intention to do so and afford

them a reasonable opportunity to object.

An objection shall

state specific grounds.

The court may rule on the objection

without a hearing.

(c)

Absence of Consent; Required Findings

In the absence of consent by all parties, a court may

exercise the authority under section (a) only upon findings

that:

(1) participation by remote electronic means is authorized

by statute; or

(2) the participant is an essential participant in the

proceeding or conference; and

(A) by reason of illness, disability, risk to the

participant or to others, or other good cause, the participant

is unable, without significant hardship to a party or the

participant, to be physically present at the place where the

proceeding is to be conducted; and

(B) permitting the participant to participate by remote

electronic means will not cause substantial prejudice to any

party or adversely affect the fairness of the proceeding.

Committee note:

It is not the intent of this section that mere

absence from the county or State constitute good cause, although

the court may consider the distance involved and whether there

are any significant impediments to the ability of the

participant to appear personally.

Source:

This Rule is new.

MARYLAND RULES OF PROCEDURE

TITLE 2 – CIVIL PROCEDURE — CIRCUIT COURT

CHAPTER 800. REMOTE ELECTRONIC PARTICIPATION

DELETE Rule 2-804, as follows:

Rule 2-804.

(a)

CONDITIONS ON REMOTE ELECTRONIC PARTICIPATION

Personal Appearance

If, at any time during a proceeding or conference in

which a participant is participating by remote electronic

participation under the Rules in this Chapter, the court

determines that the personal appearance of the participant is

necessary in order to avoid substantial prejudice to a party or

unfairness of the proceeding, the court shall continue the

matter and require the personal appearance.

(b)

Standards

(1) Generally

Except as otherwise provided by law or by subsection

(b)(2) of this Rule, remote electronic participation shall not

be permitted unless the process, including connections,

software, and equipment, to be used comply with standards

developed by the State Court Administrator and approved by the

Chief Judge of the Court of Appeals pursuant to Rule 2-805.

(2) Exception

The court may excuse non-compliance with subsection

(b)(1) of this Rule (A) with the consent of the parties, or (B)

if it finds that the non-compliance will not cause substantial

prejudice to the parties or adversely affect the fairness of the

proceeding.

(c)

Participation of Interpreters; Attorney-Client

Communications

The process, including connections, software, and

equipment, shall permit interpreters to perform their function

and permit confidential communication between attorneys and

their clients during the proceeding.

Cross reference: For provisions concerning the selection,

appointment, and use of interpreters for court proceedings,

including proceedings in which there is remote electronic

participation, see Rule 1-333.

(d)

Method of Remote Electronic Participation

If remote electronic participation is to be permitted in

an evidentiary proceeding, the court, whenever feasible, shall

give preference to requiring that the participation be by video

conferencing rather than mere audio.

(e) Record

A full record of proceedings conducted, in whole or in

part, by remote electronic means shall be made in accordance

with Rule 16-503 (a).

(f)

Recording of Proceedings

A person may not record or download a recording of the

proceedings except (1) as directed by the court for compliance

with section (e) of this Rule, or (2) with the express consent

of the court and all parties pursuant to the Rules in Title 16,

Chapter 600 or Rule 16-208.

Committee note: Any remote location shall be considered to be

governed by Rule 16-208.

(g)

Public Access

If a proceeding that otherwise would be open to the

public is conducted entirely by remote electronic means, the

court shall ensure that members of the public shall have the

ability to listen to the non-redactable portions of the

proceeding during the course of the proceeding through remote

electronic means.

Committee note: The “non-redactable” portions of a proceeding

are those portions of the proceeding that are not required to be

safeguarded or redacted from an audio recording obtained by a

member of the public in accordance with Rule 16-504 (g) and (h).

Each court may need to include in its case management plan a

process to provide the public access to proceedings conducted

through remote electronic participation.

Source:

This Rule is new.

MARYLAND RULES OF PROCEDURE

TITLE 2 – CIVIL PROCEDURE — CIRCUIT COURT

CHAPTER 800. REMOTE ELECTRONIC PARTICIPATION

DELETE Rule 2-805, as follows:

Rule 2-805.

(a)

STANDARDS AND REQUIREMENTS

Existing Remote Electronic Participation Programs

Remote electronic participation programs in existence on

June 30, 2018 may continue in effect, subject to review by the

State Court Administrator for consistency with the standards and

requirements established under the Rules in this Chapter.

After

review, the Chief Judge of the Court of Appeals, upon a

recommendation by the State Court Administrator, may direct

changes necessary to make those programs consistent with the

standards and requirements established under the Rules in this

Chapter.

(b)

Standards and Requirements for Remote Electronic

Participation

The State Court Administrator shall develop and present

to the Chief Judge of the Court of Appeals for approval

standards and requirements for the process, connections,

software, and equipment for remote electronic participation in

judicial proceedings.

(c)

Minimum Requirements

In addition to complying with the requirements set forth

in Rule 2-804, the standards shall include the following

requirements:

In addition to complying with the requirements set forth

in Rule 2-804, the standards shall include the following

requirements:

(1) All participants shall be able to communicate with each

other by sight, hearing, or both as relevant.

(2) Unless waived by the participants, all participants

shall be able to observe all physical evidence and exhibits

presented during the proceeding, and the program shall permit

participants to transmit documents as necessary.

(3) Video quality shall be adequate to allow participants

and the fact-finder to observe the demeanor and non-verbal

communications of other participants.

Sound quality shall be

adequate to allow participants to hear clearly what is occurring

where each of the participants is located.

Source:

This Rule is new.

MARYLAND RULES OF PROCEDURE

TITLE 2 – CIVIL PROCEDURE — CIRCUIT COURT

CHAPTER 800. REMOTE ELECTRONIC PARTICIPATION

DELETE Rule 2-806, as follows:

Rule 2-806.

REMOTE ELECTRONIC PARTICIPATION AUTHORIZED BY OTHER

SPECIFIC LAW

Nothing in this Chapter is intended to preclude a court from

permitting:

(a)

remote electronic participation in public or catastrophic

emergency hearings to be conducted pursuant to Rule 15-1104 (d);

(b)

testimony of out-of-State witnesses to be taken in

another State in a case under the Interstate Custody Compact

pursuant to Code, Family Law Article, § 9.5-110 or in an action

under the Uniform Interstate Family Support Act pursuant to

Code, Family Law Article, § 10-328;

(c)

consultation by the court with a child in a guardianship

review hearing pursuant to Code, Family Law Article, § 5-326

(c); or

(d)

remote electronic participation in other proceedings to

the extent and in the manner authorized by other law.

Source:

This Rule is new.

MARYLAND RULES OF PROCEDURE

TITLE 2 – CIVIL PROCEDURE — CIRCUIT COURT

CHAPTER 800. REMOTE ELECTRONIC PARTICIPATION

DELETE Rule 2-807, as follows:

Rule 2-807.

(a)

VIRTUAL JURY TRIALS

Applicability

(1) Applicability of this Rule

This Rule applies to civil actions that the county's

case management plan provides are eligible for a virtual jury

trial.

Cross reference: See Rule 16-302 (b).

(2) Applicability of Other Rules

Except to the extent of any inconsistency with this

Rule, the other applicable Maryland Rules apply. To the extent

there is any inconsistency, this Rule prevails.

(b)

Circumstances Warranting Virtual Jury Trial

In any case where (1) the parties and the county

administrative judge consent to a virtual jury trial or (2) the

court orders a virtual trial due to a state of emergency

declared by the Governor and the Chief Judge of the Court of

Appeals, the trial shall proceed through remote video

conferencing.

Committee note: The need for this Rule was a consequence of the

COVID-19 pandemic. While not limited to pandemics or other

natural disasters, the invocation of this Rule should be

considered only in the most dire and emergent circumstances. The

Rule is not intended to substitute trial processes on virtual

platforms for trials conducted in courthouses where participants

can be physically present in a designated location. Trial judges

are reminded to employ virtual jury trials as a procedure of

last resort and to preserve the time-honored process of public

trials with full and unfettered opportunity of parties to

participate in the proceedings in person, except as otherwise

permitted elsewhere in the Rules of Procedure.

(c)

Pretrial Proceedings

(1) Scheduling Conference

If the court anticipates conducting a virtual jury trial

in an action, or upon motion of a party, the court shall conduct

a scheduling conference pursuant to Rule 2-504.1. At the

scheduling conference, any party may note an objection to a

virtual jury trial and provide reasons for the objection. The

court shall consider the objection prior to determining whether

a virtual jury trial will be held.

(2) Pretrial Conference

(A) Timing

The court shall conduct a pretrial conference no later

than ten days before a virtual jury trial.

(B) Prior to Pretrial Conference

To the extent practicable, all proposed exhibits,

other than rebuttal and impeachment exhibits, and requested jury

selection questions shall be filed with the court and served on

the other parties at least ten days before the pretrial

conference. To the extent practicable, any objections to the

admissibility of an exhibit shall be filed and served within

three days after service of the proposed exhibit.

In addition to the matters listed in Rule 2-504.2 (b),

the court shall consider the following matters in preparation

for a virtual jury trial:

(i) an inquiry to confirm that each attorney, party, and

witness has the technology required to participate;

Committee note: The court should direct all participants to

familiarize themselves with the video conferencing software,

exhibit presentation, use of breakout rooms, bench conferences,

and other aspects of the virtual trial.

(ii) appropriate virtual backgrounds to be displayed by

each attorney, party, and witness at all times;

(iii) resolution of any objections raised pursuant to

subsection (c)(2)(B);

(iv) conversion into electronically viewable format of

exhibits to be offered into evidence and, as appropriate, made

available to jurors and witnesses;

(v) identification and determination of any objections

to depositions under Rule 2-419 (d) at the pretrial conference;

(vi) additional instructions that are to be given

pertaining to the remote nature of the jury trial;

Committee note: Instructions should include guidelines for

participating in the virtual proceedings, such as a requirement

that video cameras remain powered on throughout the entirety of

the hearing, background noises and other distractions should be

minimized, participants may only use their technological device

to attend the proceeding, and all other technological devices

must be powered off.

(vii) the method for providing jury instructions to

jurors, such as through e-mail or via a court-approved secure

file sharing service;

(xiii) a trial schedule designed to minimize the fatigue

associated with online participation in a virtual trial; and

Committee note:

A trial schedule designed to minimize fatigue

may include limiting morning and afternoon sessions to three

hours and scheduling periodic breaks. The judge and attorneys

should make a reasonable effort to agree on the schedule, but if

no agreement is reached, the court determines an appropriate

trial schedule.

(ix) any other matters that can be resolved prior to

trial to minimize sidebar conferences or otherwise expedite the

trial proceedings.

(D) Pretrial Conference Order

Following the pretrial conference, the court shall enter

a Pretrial Conference Order reciting the actions taken and

stipulations made. The Order shall control the subsequent

proceedings and may be modified only to prevent manifest

injustice.

(d)

Subpoenas

(1) Generally

In addition to complying with the content requirements

of Rule 2-510, a subpoena issued to require the presence of an

individual at a proceeding to be conducted by remote electronic

participation shall describe the method by which that presence

will be implemented and state that details will be supplied by a

court official prior to the court proceeding. The party

requesting the subpoena shall provide the court official in

writing with an e-mail address for the individual subject to the

subpoena if the individual subject to the subpoena is to appear

by remote electronic participation. Unless impracticable, the

court official shall send log-in information to individuals

appearing by remote electronic participation at least five days

before the date of the virtual jury trial. The subpoena shall

direct the individual subject to the subpoena to contact the

party who requested the subpoena within three days if the

individual is unable to effect his or her presence by the manner

stated in the subpoena.

(2) If Remote Electronic Participation by Witness is

Impracticable

If it is impracticable for a witness to appear by remote

electronic participation for the proceeding, the subpoena may

direct the witness to appear at the courthouse to participate

with lawful and appropriate assistance from court personnel. The

party requesting the subpoena shall (A) file a return of service

and (B) notify the clerk in writing at least three days before

the trial if a witness was served with a subpoena pursuant to

subsection (d)(2) of this Rule.

Committee note: The party requesting the subpoena should make

reasonable efforts to secure an e-mail address for the witness

to comply with subsection (d)(1). However, in the instance where

remote electronic participation cannot be secured, subsection

(d)(2) requires the witness to physically appear at the

courthouse for assistance in complying with the subpoena.

(e)

Jurors

(1) Jury Selection

(A) Juror Qualification Forms

A juror qualification form may be used to collect

information regarding a juror's ability to participate in a

virtual jury trial. The contents of the form shall comply with

Rule 16-309 (b). Except as provided in Rule 2-512 (c), responses

to juror qualification forms shall remain confidential.

(B) Examination

Jury selection may occur by video conferencing. In

advance of the examination, case-specific written questionnaires

may be used to elicit appropriate information. The parties shall

have access to the jurors' responses to case-specific written

questionnaires in advance of the examination to expedite the

selection process.

In addition to the alternates ordinarily selected for

an in-person jury trial, the court may select up to two

additional alternate jurors to serve on the jury panel.

Committee note: The additional alternate jurors permitted by

subsection (e)(1)(C) account for jurors who experience technical

difficulties that could prevent them from continuing with the

trial or who develop a health-related issue that requires them

to be excused.

(2) Jury Instructions

(A) The court shall provide empaneled jurors with

instructions and training on the use of remote technology and

the protocol for informing the court if they experience

technical problems during the trial. Designated staff shall be

made available to monitor and address technical issues.

Committee note: The Court's instructions for contacting

designated court staff to convey technical problems or other

issues during trial may include instructions for the jurors to

contact staff by phone call, text messaging, email, or through

video conferencing.

(B) At the commencement of trial, the court shall provide

specific instructions and information to the jury that pertain

to the remote format of the trial.

Committee note: The trial judge should provide an enhanced jury

charge that emphasizes the need for jurors to give their full

attention to the trial and to maintain the secrecy of jury

deliberations.

Rule 2-520, the court shall issue instructions to the jury by

video conferencing. At the court's discretion, jury instructions

may be made available to jurors during deliberations in a

digital viewing format.

(3) Jurors' Notes

Jurors shall be permitted to take notes but shall be

instructed to destroy or delete those notes at the conclusion of

the trial. A juror's notes may not be reviewed by or relied upon

for any purpose by any person other than the author.

Cross reference: See Rule 2-521 (a) regarding jurors' notes

during an in-person trial.

(4) Juror Review of Documents

The court shall arrange for documentary evidence and a

verdict sheet to be converted into a digital viewing format that

is secure and available for juror access during deliberations.

(5) Deliberations

Jurors shall deliberate using the video conferencing

software used to participate during the virtual jury trial. For

deliberations, jurors shall be placed in a separate virtual

breakout room, and no one other than the jurors shall be allowed

access to the virtual deliberation room. Once a verdict has been

reached, the jury foreperson shall notify the designated officer

of the court, who will then notify the judge.

(6) Jury Verdict

Once a verdict has been reached, the jury shall be moved

from the separate virtual breakout room to the virtual courtroom

to return the verdict. The jury shall be polled before it is

discharged. If the poll discloses that the jury, or stated

majority, has not concurred in the verdict, the court may direct

the jury to retire for further deliberations or may discharge

the jury.

Committee note: Although for in-person jury trials, Rule 2-522

(b)(4) requires polling of the jury “on request of a party or on

the court's own initiative,” subsection (e)(6) of this Rule

requires polling of the jury for all virtual jury trials in

which a verdict has been reached.

(7) Communication with Court

All communications by a juror shall be made to the court

employee designated by the judge to receive them. Upon receipt

of a communication from the jury or a juror, the designated

employee shall promptly notify the judge of the communication.

If the judge determines that the communication pertains to the

action, the judge shall promptly, and before responding to the

communication, direct that the parties be notified of the

communication and invite and consider, on the record, the

parties' positions on any response.

Cross reference: See Rule 2-521 (d) for communications with the

jury during an in-person trial.

(f)

Use of Electronic Devices

In accordance with the standards and requirements set

forth in Rule 2-805, court personnel, parties to a case, and

witnesses may use technological equipment and video conferencing

software to facilitate a virtual jury trial. A juror may use an

electronic device with audio and video capabilities and video

conferencing software to participate in the virtual jury trial.

A juror may not use the electronic device for any purpose other

than participating in the virtual jury trial while the trial is

in session. Except during periods specified by the judge or as

otherwise permitted by this Rule, other electronic devices shall

be turned off or set on silent mode while the trial is in

session.

Committee note: An example of a permitted use of an electronic

device that otherwise is required to be turned off or set on

silent mode is the use of the juror's cell phone to contact

designated court staff regarding a technical problem with the

video conferencing software.

(g)

Recording Proceedings

A person may not record, download, or transmit an audio,

audio-video, video, or still image of proceedings under this

Rule except as directed by the court for compliance with Rule 2804 (e) and (f).

Source:

This Rule is new.

MARYLAND RULES OF PROCEDURE

TITLE 3 – CIVIL PROCEDURE – DISTRICT COURT

CHAPTER 100 – COMMENCEMENT OF ACTION AND PROCESS

AMEND Rule 3-113 by adding new section (b) governing

renewal of summons in an action for judgment on affidavit and by

making a stylistic change, as follows:

Rule 3-113.

PROCESS – DURATION, DORMANCY, AND RENEWAL OF

SUMMONS

(a)

Generally

A summons is effective for service only if served within

60 days after the date it is issued.

A summons not served

within that time shall be dormant, renewable only on written

request of the plaintiff.

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

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

(b)

Judgment on Affidavit – Military Service Affidavit

A request for renewal of a summons in an action seeking

judgment on affidavit pursuant to Rule 3-306 shall be

accompanied by either (1) a statement that there has been no

change to the information provided in the most recently filed

military service affidavit or (2) a supplemental military

service affidavit in compliance with § 3931 of the

Servicemembers Civil Relief Act, 50 U.S.C. §§ 3901 et seq.

Source: This Section (a) of this Rule is new and replaces

former M.D.R. 103 d 2. Section (b) is new.

MARYLAND RULES OF PROCEDURE

TITLE 3 – CIVIL PROCEDURE – DISTRICT COURT

CHAPTER 300 – PLEADINGS AND MOTIONS

AMEND Rule 3-306 by adding new subsection (c)(4)(E)

pertaining to an affidavit of military service, by adding a

cross reference to Rule 3-113 (b) following subsection

(c)(4)(E), by deleting current subsection (d)(4)(C) and

replacing the language with a new requirement pertaining to a

statement from the plaintiff, and by making stylistic changes,

as follows:

Rule 3-306.

(a)

JUDGMENT ON AFFIDAVIT

Definitions

In this Rule the following definitions apply except as

expressly otherwise provided or as necessary implication

requires:

(1) Charge-Off

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

account receivable or other debt as a loss or expense because

payment is unlikely.

(2) Charge-Off Balance

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

or debt at the time of charge-off.

(3) Consumer Debt

“Consumer debt” means a secured or unsecured debt that

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

consumer transaction.

(4) Consumer Transaction

“Consumer transaction” means a transaction involving an

individual seeking or acquiring real or personal property,

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

family, or household purposes.

(5) Original Creditor

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

person to whom a consumer originally was alleged to owe money

pursuant to a consumer transaction.

“Original creditor”

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

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

Collection Unit, a unit within the State Department of Budget

and Management.

(6) Original Consumer Debt

“Original consumer debt” means the total of the consumer

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

principal, interest, fees, and any other charges.

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

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

balance.”

(7) Principal

“Principal” means the unpaid balance of the funds

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

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

obligation arising from a consumer transaction, alleged to be

owed to the original creditor.

It does not include interest,

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

creditor or any subsequent assignees of the consumer debt.

(8) Future Services

“Future services” means one or more services that will

be delivered at a future time.

(9) Future Services Contract

“Future services contract” means an agreement that

obligates a consumer to purchase a future service from a

provider.

(10) Provider

“Provider” means any person who sells a service or

future service to a consumer.

(b)

Demand for Judgment by Affidavit

In an action for money damages a plaintiff may file a

demand for judgment on affidavit at the time of filing the

complaint commencing the action.

The complaint shall be

supported by an affidavit showing that the plaintiff is entitled

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

(c)

Affidavit and Attachments - General Requirements

The affidavit shall:

(1) be made on personal knowledge;

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

(3) show affirmatively that the affiant is competent to

testify to the matters stated in the affidavit; and

(4) include or be accompanied by:

(A) supporting documents or statements containing

sufficient detail as to liability and damages, including the

precise amount of the claim and any interest claimed;

(B) if interest is claimed, an interest worksheet

substantially in the form prescribed by the Chief Judge of the

District Court;

evidencing that the plaintiff is entitled to an award of

attorneys' fees and that the fees are reasonable; and

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

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

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

the absence thereof is explained in the affidavit.; and

(E) a military service affidavit in compliance with § 3931

of the Servicemembers Civil Relief Act, 50 U.S.C. §§ 3901 et

seq.

Cross reference: See Rule 3-113 (b) pertaining to compliance

with § 3931 of the Servicemembers Civil Relief Act, 50 U.S.C. §§

3901 et seq. in a request for renewal of summons.

(d)

If Claim Arises from Assigned Consumer Debt

If the claim arises from consumer debt and the plaintiff

is not the original creditor, the affidavit also shall include

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

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

form prescribed by the Chief Judge of the District Court,

listing the items and information supplied in or with the

affidavit in conformance with this Rule.

Each document that

accompanies the affidavit shall be clearly numbered as an

exhibit and referenced by number in the Checklist.

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

Proof of the existence of the debt or account shall be

made by a certified or otherwise properly authenticated

photocopy or original of at least one of the following:

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

or the opening of the account;

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

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

defendant; or

original creditor establishing the existence of the account and

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

card or account by the defendant.

(2) Proof of Terms and Conditions

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

Rule, if there was a document evidencing the terms and

conditions to which the consumer debt was subject, a certified

or otherwise properly authenticated photocopy or original of the

document actually applicable to the consumer debt at issue shall

accompany the affidavit.

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

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

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

subject to regulation by the Federal Financial Institutions

Examination Council or a constituent federal agency of that

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

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

balance in excess of the Maryland Constitutional rate of six

percent per annum.

Committee note: This Rule is procedural only, and subsection

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

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

the charge-off balance that, under applicable and enforceable

Maryland law, may be regarded as interest.

Cross reference: See Federal Financial Institutions Examination

Council Uniform Retail Credit Classification and Account

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

(3) Proof of Plaintiff’s Ownership

The affidavit shall contain a statement that the

plaintiff owns the consumer debt. It shall include or be

accompanied by:

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

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

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

(B) a certified or other properly authenticated copy of

the bill of sale or other document that transferred ownership of

the debt to each successive owner, including the plaintiff.

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

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

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

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

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

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

(4) Identification and Nature of Debt or Account

The affidavit shall include the following information:

(A) the name of the original creditor;

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

original account;

the defendant appearing on the original account, if known a

statement as to whether the plaintiff knows the Social Security

number of the defendant;

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

and

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

utility, credit card, consumer loan, retail installment sales

agreement, service, or future services.

(5) Future Services Contract Information

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

affidavit shall contain facts evidencing that the plaintiff

currently is entitled to an award of damages under that

contract.

(6) Account Charge-Off Information

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

affidavit shall contain the following information:

(A) the date of the charge-off;

(B) the charge-off balance;

plaintiff in addition to the charge-off balance;

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

received and other credits to which the defendant is entitled;

and

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

of the last transaction giving rise to the consumer debt.

(7) Information for Debts and Accounts Not Charged Off

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

contain:

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

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

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

principal by the original creditor and, if applicable, by

subsequent assignees of the consumer debt and (ii) accounting

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

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

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

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

multiple transactions, the amount and date of the last

transaction; and

on the consumer debt.

(8) Licensing Information

The affidavit shall include a list of all Maryland

collection agency licenses that the plaintiff currently holds

and provide the following information as to each:

(A) license number,

(B) name appearing on the license, and

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

concerning the plaintiff's requirements if a judgment on

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

(e)

Subsequent Proceedings

(1) When Notice of Intention to Defend Filed

If the defendant files a timely notice of intention to

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

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

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

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

notice of intention to defend.

(2) When No Notice of Intention to Defend Filed

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

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

the trial date and the court may determine liability and damages

on the basis of the complaint, affidavit, and supporting

documents filed pursuant to this Rule.

If the defendant fails

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

that the pleading and documentary evidence are sufficient to

entitle the plaintiff to judgment, the court shall grant the

demand for judgment on affidavit.

(B) If the court determines that the pleading and

documentary evidence are insufficient to entitle the plaintiff

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

judgment on affidavit or may grant a continuance to permit the

plaintiff to supplement the documentary evidence filed with the

demand.

If the defendant appears in court at the time set for

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

defendant may have a meritorious defense, the court shall deny

the demand for judgment on affidavit.

If the demand for

judgment on affidavit is denied or the court grants a

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

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

unless the plaintiff is in court and requests the court to

proceed with trial.

Cross reference:

(f)

Rule 3-509.

Reduction in Amount of Damages

Before entry of judgment, the plaintiff shall inform the

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

any payment or other credit.

(g)

Notice of Judgment on Affidavit

When a demand for judgment on affidavit is granted, the

clerk shall mail notice of the judgment promptly after its entry

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

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

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

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

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

The

clerk shall ensure that the docket or file reflects compliance

with this section.

Source: This Rule is derived as follows:

Section (a) is new.

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

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

Section (d) is new.

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

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

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

MARYLAND RULES OF PROCEDURE

TITLE 3 – CIVIL PROCEDURE – DISTRICT COURT

CHAPTER 500 – TRIAL

AMEND Rule 3-533 by adding new subsection (a)(2) pertaining

to the effect of a shortened appeal time by statute, by adding a

cross reference after section (a), and by making stylistic

changes, as follows:

Rule 3-533.

(a)

MOTION FOR NEW TRIAL

Time for Filing

(1) Generally

Any Subject to subsection (a)(2) of this Rule, any party

may file a motion for new trial within ten days after entry of

judgment.

A party whose judgment has been amended on a motion

to amend the judgment may file a motion for new trial within ten

days after entry of the amended judgment.

(2) Appeal Time of Less than Ten Days Provided by Statute

If a statute provides for an appeal time of less than

ten days after entry of judgment, a motion under this Rule, even

if timely filed, does not toll the time to appeal unless the

motion is filed within the statutory time period allowed for an

appeal.

Cross reference: For shorter appeal times provided by statute,

see Code, Real Property Article, §§ 8-401 and 8A-1701. See Rule

7-104 (c) concerning the time for filing a notice of appeal when

a motion has been filed under this Rule.

. . .

MARYLAND RULES OF PROCEDURE

TITLE 3 – CIVIL PROCEDURE – DISTRICT COURT

CHAPTER 500 – TRIAL

AMEND Rule 3-534 by creating new section (a) containing the

current language of the Rule, by adding new section (b)

pertaining to the effect of a shortened appeal time by statute,

by adding a cross reference after section (b), and by making

stylistic changes, as follows:

Rule 3-534.

(a)

MOTION TO ALTER OR AMEND JUDGMENT

Generally

On Subject to section (b) of this Rule, on motion of any

party filed within ten days after entry of judgment, the court

may open the judgment to receive additional evidence, may amend

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

set forth additional findings or reasons, may enter new findings

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

judgment.

A motion to alter or amend a judgment may be joined

with a motion for new trial.

(b)

Appeal Time of Less than Ten Days Provided by Statute

If a statute provides for an appeal time of less than ten

days after entry of judgment, a motion under this Rule, even if

timely filed, does not toll the time to appeal unless the motion

is filed within the statutory time period allowed for an appeal.

Cross reference: For shorter appeal times provided by statute,

see Code, Real Property Article, §§ 8-401 and 8A-1701. See Rule

7-104 (c) concerning the time for filing a notice of appeal when

a motion has been filed under this Rule.

Source: This Rule is derived from the 1983 version of Fed. R.

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

MARYLAND RULES OF PROCEDURE

TITLE 4 – CRIMINAL CAUSES

CHAPTER 200 – PRETRIAL PROCEDURES

AMEND Rule 4-212 by adding a reference to the cross

reference after section (e), as follows:

Rule 4-212.

ISSUANCE, SERVICE, AND EXECUTION OF SUMMONS OR

WARRANT

...

(e)

Execution of Warrant - Defendant Not in Custody

Unless the defendant is in custody, a warrant shall be

executed by the arrest of the defendant.

Unless the warrant and

charging document are served at the time of the arrest, the

officer shall inform the defendant of the nature of the offense

charged and of the fact that a warrant has been issued.

A copy

of the warrant and charging document shall be served on the

defendant promptly after the arrest.

The defendant shall be

taken before a judicial officer of the District Court without

unnecessary delay and in no event later than 24 hours after

arrest or, if the warrant so specifies, before a judicial

officer of the circuit court without unnecessary delay and in no

event later than the next session of court after the date of

arrest.

The court shall process the defendant pursuant to Rule

4-216, 4-216.1, or 4-216.2 and may make provision for the

appearance or waiver of counsel pursuant to Rule 4-215.

Committee note: The amendments made in this section are not

intended to supersede Code, Courts Article, § 10-912.

Cross reference: See Code, Criminal Procedure Article, § 4-109

and Code, Courts Article, § 1-605 concerning invalidation and

destruction of unserved warrants, summonses, or other criminal

process for misdemeanor offenses.

...

MARYLAND RULES OF PROCEDURE

TITLE 4 – CRIMINAL CAUSES

CHAPTER 200 – PRETRIAL PROCEDURES

AMEND Rule 4-231 by adding a reference to Rule 21-301 in

section (e), by updating a reference in section (e), and by

making stylistic changes, as follows:

Rule 4-231.

PRESENCE OF DEFENDANT

...

(e)

Electronic Proceedings in Circuit Court

A circuit court may conduct an initial appearance under

Rule 4-213 (c) or a review of the District Court's release

determination in accordance with Rule 21-301 and the procedures,

set forth in Rule 2-804 and the standards, and requirements set

forth in Rule 2-805 Rule 21-104 relating to remote electronic

participation, provided that (1) the defendant's right to an

attorney is not infringed, (2) the defendant's right to a

qualified interpreter under Code, Criminal Procedure Article, §

1-202 is not infringed, and (3) to the extent required by law

and practicable, any victim or victim's representative has been

notified of the proceeding and has an opportunity to observe it.

Committee note: Except when specifically covered by this Rule,

the matter of presence of the defendant during any stage of the

proceedings is left to case law and the Rule is not intended to

exhaust all situations.

Source: Sections (a), (b), and (c) of this Rule are derived

from former Rule 724 and M.D.R. 724. Sections (d) and (e) are

new.

MARYLAND RULES OF PROCEDURE

TITLE 4 – CRIMINAL CAUSES

CHAPTER 200 – PRETRIAL PROCEDURES

AMEND Rule 4-252 by adding a cross reference after

subsection (a)(4), as follows:

Rule 4-252. MOTIONS IN CIRCUIT COURT

(a) Mandatory Motions

In the circuit court, the following matters shall be

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

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

otherwise:

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

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

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

offense;

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

oral communication, or pretrial identification;

(4) An unlawfully obtained admission, statement, or

confession; and

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

regarding admissibility of a statement made by a child,

including a child charged as an adult, during a custodial

interrogation.

(5) A request for joint or separate trial of defendants or

offenses.

...

MARYLAND RULES OF PROCEDURE

TITLE 4 – CRIMINAL CAUSES

CHAPTER 300 – TRIAL AND SENTENCING

AMEND Rule 4-340 by updating a statutory reference in

subsection (b)(2), as follows:

Rule 4-340. PROCEDURES REQUIRED AFTER SENTENCING IN DRUG CRIME

CASES

(a)

Applicability

This Rule applies to a defendant convicted of a drug

crime, as defined in Code, Criminal Law Article, § 5-810,

committed on or after January 1, 1991.

Title 5 of these rules

does not apply to the determinations required to be made by the

court under this Rule.

(b)

Definitions

As used in this Rule:

(1) “conviction” includes probation on stay of entry of

judgment pursuant to Code, Criminal Procedure Article, § 6-220;

and

(2) “license” means a State-issued license as defined in

Code, Article 41, § 1-501 Code, State Government Article, § 101401.

. . .

MARYLAND RULES OF PROCEDURE

TITLE 4 – CRIMINAL CAUSES

CHAPTER 300 – TRIAL AND SENTENCING

AMEND Rule 4-345 by adding a citation to the cross

reference after section (f), as follows:

Rule 4-345.

(a)

SENTENCING - REVISORY POWER OF COURT

Illegal Sentence

The court may correct an illegal sentence at any time.

(b)

Fraud, Mistake, or Irregularity

The court has revisory power over a sentence in case of

fraud, mistake, or irregularity.

(c)

Correction of Mistake in Announcement

The court may correct an evident mistake in the

announcement of a sentence if the correction is made on the

record before the defendant leaves the courtroom following the

sentencing proceeding.

Cross reference: See State v. Brown, 464 Md. 237 (2019),

concerning an evident mistake in the announcement of a sentence.

(d)

Desertion and Non-Support Cases

At any time before expiration of the sentence in a case

involving desertion and non-support of spouse, children, or

destitute parents, the court may modify, reduce, or vacate the

sentence or place the defendant on probation under the terms and

conditions the court imposes.

(e)

Modification Upon Motion

(1) Generally

Upon a motion filed within 90 days after imposition of a

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

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

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

power over the sentence except that it may not revise the

sentence after the expiration of five years from the date the

sentence originally was imposed on the defendant and it may not

increase the sentence.

Cross reference:

Rule 7-112 (b).

Committee note: The court at any time may commit a defendant

who is found to have a drug or alcohol dependency to a treatment

program in the Maryland Department of Health if the defendant

voluntarily agrees to participate in the treatment, even if the

defendant did not timely file a motion for modification or

timely filed a motion for modification that was denied. See

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

(2) Notice to Victims

The State's Attorney shall give notice to each victim

and victim's representative who has filed a Crime Victim

Notification Request form pursuant to Code, Criminal Procedure

Article, § 11-104 or who has submitted a written request to the

State's Attorney to be notified of subsequent proceedings as

provided under Code, Criminal Procedure Article, § 11-503 that

states (A) that a motion to modify or reduce a sentence has been

filed; (B) that the motion has been denied without a hearing or

the date, time, and location of the hearing; and (C) if a

hearing is to be held, that each victim or victim's

representative may attend and testify.

(3) Inquiry by Court

Before considering a motion under this Rule, the court

shall inquire if a victim or victim's representative is present.

If one is present, the court shall allow the victim or victim's

representative to be heard as allowed by law.

If a victim or

victim's representative is not present and the case is one in

which there was a victim, the court shall inquire of the State's

Attorney on the record regarding any justification for the

victim or victim's representative not being present, as set

forth in Code, Criminal Procedure Article, § 11-403(e).

If no

justification is asserted or the court is not satisfied by an

asserted justification, the court may postpone the hearing.

(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.

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 Law Article, § 5609.1 regarding an application to modify a mandatory minimum

sentence imposed for certain drug offenses prior to October 1,

2017, and for procedures relating thereto. See Code, Criminal

Procedure Article, § 10-105.3 regarding an application for

resentencing by a person incarcerated after a conviction of

possession of cannabis under Code, Criminal Law Article, § 5601.

Source: This Rule is derived in part from former Rule 774 and

M.D.R. 774, and is in part new.

MARYLAND RULES OF PROCEDURE

TITLE 4 – CRIMINAL CAUSES

CHAPTER 300 – TRIAL AND SENTENCING

AMEND Rule 4-348 by updating a reference and deleting

certain language in section (a) and by deleting the cross

reference after section (a), as follows:

Rule 4-348.

(a)

STAY OF EXECUTION OF SENTENCE

Sentence of Imprisonment

The filing of an appeal or a petition for writ of

certiorari in any appellate court, including the Supreme Court

of the United States, stays a sentence of imprisonment during

any period that the defendant is released pursuant to Rule 4349, unless a court orders otherwise pursuant to section (d)(e)

of that Rule.

On the filing of a notice of appeal in a case

that is tried de novo, the circuit court, on motion or by

consent of the parties, may stay a sentence of imprisonment

imposed by the District Court and release the defendant pending

trial in the circuit court, subject to any appropriate terms and

conditions of release.

Cross reference:

(b)

See Rule 4-349.

Fine

Upon the filing of an appeal or petition of writ of

certiorari in any appellate court, a sentence to pay a fine or a

fine and costs may be stayed by the court upon terms the court

deems proper, but any bond required to stay the payment pending

appeal may not exceed the unpaid amount of the fine and costs,

if any.

(c)

Other Sentences

Any other sentence or any order or condition of probation

may be stayed upon terms the court deems proper.

Source:

778 a.

This Rule is derived from former Rule 778 a and M.D.R.

MARYLAND RULES OF PROCEDURE

TITLE 4 – CRIMINAL CAUSES

CHAPTER 300 – TRIAL AND SENTENCING

AMEND Rule 4-349 by deleting the word “general” from the

tagline of section (a), by creating new subsection (a)(1) with

the language of current section (a), by adding a cross reference

after subsection (a)(1), by adding new subsection (a)(2)

concerning release pending de novo appeal in circuit court, by

adding a cross reference after subsection (a)(2), by clarifying

the required condition of bond when the defendant is released

pending appellate review in section (c), by adding new

subsections (d)(1) and (d)(2) concerning the duration of the

defendant’s release pending appeal, by adding a cross reference

after new section (d), by re-lettering current section (d) as

section (e), and by adding clarifying language in section (e),

as follows:

Rule 4-349.

(a)

RELEASE AFTER CONVICTION

General Authority

(1) Generally

After conviction the trial judge may release the

defendant pending sentencing or exhaustion of any appellate

review subject to such conditions for further appearance as may

be appropriate.

Title 5 of these rules does not apply to

proceedings conducted under this Rule.

Cross reference: For review of lower court action in the

Appellate Court regarding a stay of enforcement of judgment

after an appeal is filed, see Rule 8-422 (c).

(2) Pending De Novo Appeal

On the filing of a notice of appeal in the District

Court in a case to be tried de novo, the circuit court, on

motion or by consent of the parties, may stay a sentence of

imprisonment imposed by the District Court and release the

defendant pending trial in the circuit court, subject to any

appropriate terms and conditions of release.

Cross reference: For action upon dismissal of a de novo appeal,

see Rule 7-112 (f)(4).

(b)

Factors Relevant to Conditions of Release

In determining whether a defendant should be released

under this Rule, the court may consider the factors set forth in

Rule 4-216.1 (f) and, in addition, whether any appellate review

sought appears to be frivolous or taken for delay.

The burden

of establishing that the defendant will not flee or pose a

danger to any other person or to the community rests with the

defendant.

(c)

Conditions of Release

The court may impose different or greater conditions for

release under this Rule than had been imposed upon the defendant

before trial pursuant to Rule 4-216, 4-216.1, 4-216.2, or 4216.3.

When the defendant is released pending sentencing, the

condition of any bond required by the court shall be that the

defendant appear for further proceedings as directed and

surrender to serve any sentence imposed.

When the defendant is

released pending any appellate review, the condition of any bond

required by the court shall be that the defendant prosecute the

appellate review according to law and, upon termination of the

release pending appeal pursuant to subsection (d)(1) of this

Rule, surrender to serve any sentence required to be served or

appear for further proceedings as directed.

The bond shall

continue until discharged by order of the court or until

surrender of the defendant, whichever is earlier.

(d)

Release Pending Appeal

(1) Duration of Release

An order releasing a defendant pending appellate review

pursuant to this Rule shall continue until the earliest of the

following: (A) the defendant exhausts appellate review by way of

appeal, application for leave to appeal, or petition for writ of

certiorari in the Supreme Court or the Supreme Court of the

United States; (B) the defendant allows the deadline to pass for

seeking further appellate review of an adverse disposition; (C)

the defendant allows the deadline to pass for filing the

statement required by subsection (d)(2) of this Rule, or

indicates in such a statement that the defendant does not intend

to seek further review; or (D) a court revokes the order of

release in accordance with section (e) of this Rule.

(2) Writ of Certiorari in Supreme Court of the United States

Within 30 days after the Supreme Court denies review or

issues its opinion affirming the judgment of conviction, a

defendant who has been released pending appellate review shall

file a statement indicating whether the defendant intends to

petition for a writ of certiorari in the Supreme Court of the

United States and, if so, providing a non-binding statement of

the questions that the defendant intends to present for review

in the petition.

The statement shall be filed with the court

that ordered release pursuant to this Rule.

Cross reference: See U.S. S. Ct. Rule 10 for considerations

governing review on certiorari, U.S. S. Ct. Rule 13 for the time

for petitioning, and U.S. S. Ct. Rule 14.1 for the required

contents of a petition for a writ of certiorari.

(d)(e)

Amendment of Order of Release

The court that ordered the release, on motion of any

party or on its own initiative and after notice and opportunity

for hearing, may revoke an order of release or amend it to

impose additional or different conditions of release.

If its

decision results in the detention of the defendant, the court

shall state the reasons for its action in writing or on the

record.

100

Source: This Rule is derived as follows:

Section (a) is derived from former Rule 776 a and M.D.R. 776 a.

Section (b) is derived from former Rule 776 c and M.D.R. 776 c.

Section (c) is derived from former Rules 776 b and 778 b and

M.D.R. 776 b and M.D.R. 778 b.

Sections (d) and (e) are is new.

101

MARYLAND RULES OF PROCEDURE

TITLE 5 – EVIDENCE

CHAPTER 800 – HEARSAY

AMEND Rule 5-802 by adding a cross reference, as follows:

Rule 5-802. HEARSAY RULE

Except as otherwise provided by these rules or permitted by

applicable constitutional provisions or statutes, hearsay is not

admissible.

Cross reference: For an example of a statute permitting the

admission of hearsay, see Code, Criminal Procedure Article, §

11-304 concerning the admissibility of an out-of-court statement

by a child victim or witness under certain circumstances.

Source:

This Rule is derived from F.R.Ev. 802.

102

MARYLAND RULES OF PROCEDURE

TITLE 6 - SETTLEMENT OF DECEDENTS’ ESTATES

CHAPTER 200 – SMALL ESTATE

AMEND Rule 6-206 by adding a cross reference following

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

Rule 6-206.

PROCEEDING AFTER PETITION

If the register finds that the petition for administrative

probate of a small estate and additional information filed in

the proceeding are accurate, the register shall:

(a)

appoint the petitioner personal representative of the

small estate and issue letters of administration according to

the form set forth in Rule 6-207;

(b)

direct the petitioner to pay fees due the register,

expenses of administration, allowable funeral expenses, and

statutory family allowances, and, if necessary, to sell property

of the decedent in order to pay them; and

Cross reference: See Code, Estates and Trusts Article, § 5606(c) prohibiting the register from collecting fees in

connection with certain small estates.

(c)

if it appears that there will be property remaining after

those payments have been made, or if the petitioner has

requested probate of a will even though there may be no property

remaining after the payments have been made, admit the will to

103

probate, direct the publication of the Notice of Appointment in

accordance with Rule 6-209, and serve a copy of the Notice of

Appointment, together with the Notice to Interested Persons

(Rule 6-210), upon all interested persons; and

(d)

enter an order in the form provided in Rule 6-208 and

serve a copy on the personal representative.

Cross reference:

8-105.

Code, Estates and Trusts Article, §§ 5-603 and

104

MARYLAND RULES OF PROCEDURE

TITLE 6 - SETTLEMENT OF DECEDENTS’ ESTATES

CHAPTER 400 – ADMINISTRATION OF ESTATES

AMEND Rule 6-416 by reversing subsections (b)(1) and

(b)(2); by clarifying that the personal representative may pay

certain fees and commissions without court approval in new

subsections (b)(1)(A) and (b)(2); by adding reference to Code,

Estates and Trusts Article, § 7-602(a) to new subsection

(b)(1)(A); by changing a reference to Code, Estates and Trusts

Article, § 7-603(a) to § 7-601(a) in new subsection (b)(1)(A);

by deleting from new subsection (b)(1)(A) a provision pertaining

to attorney's fees and personal representative's commissions

authorized under Code, Estates and Trusts Article, § 7-603(b);

by adding language to new subsection (b)(1)(A) governing the

timing of payment by consent; by altering the language in the

form in new subsection (b)(1)(B); by deleting the Committee note

following the form in new subsection (b)(1)(B); and by making

stylistic changes, as follows:

Rule 6-416.

ATTORNEY’S FEES OR PERSONAL REPRESENTATIVE’S

COMMISSIONS

(a)

Subject to Court Approval

(1) Contents of Petition

105

(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 (i) the amount of all fees or

commissions previously allowed, (ii) the amount of fees or

commissions that the petitioner reasonably estimates will be

requested in the future, (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 (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

reasonably estimates will be requested in the future, (iii) the

amount of fees or commissions currently requested, (iv) the

106

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

within which to file written exceptions and to request a

hearing.

(4) Allowance by Court

107

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

Payment of attorney's fees may be made without court

approval if:

108

(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;

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)(1) 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)(b)(1)(B) of this

Rule, payment of the personal representative may pay attorney's

fees and personal representative's commissions may be made

without court approval if the combined sum of all payments of

attorney's fees authorized under Code, Estates and Trusts

109

Article, § 7-602(a) and personal representative's commissions

authorized under Code, Estates and Trusts Article, § 7-603 (a) §

7-601(a) does not exceed the amounts provided in Code, Estates

and Trusts Article, § 7-601(b).

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.

Unless the Consent form is filed simultaneously with the final

account or final report under modified administration, each

payment consented to must be for services rendered by the

attorney or personal representative prior to the date of the

consent.

(B) Form of Consent

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, and filed with the

BEFORE THE REGISTER OF WILLS FOR _____________, MARYLAND

IN THE ESTATE OF:

__________ Estate No.

110

__________________

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

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.

111

Cross reference:

See 90 Op. Att’y. Gen. 145 (2005).

Total combined commissions and fees being requested for services

prior to __________, 20__ are $_________, including $_________

under Code, Estates and Trusts Article, § 7-603(a) and

$_________ under Code, Estates and Trusts Article § 7-603(b), to

be paid as follows:

Amount

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

112

_____________________________

Telephone Number

_____________________________

Facsimile Number

_____________________________

Email Address

Committee note: Nothing in this Rule is intended to relax

requirements for approval and authorization of previous

payments.

(2) Payment of Contingency Fee for Services Other Than

Estate Administration

The personal representative may pay attorney’s fees

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;

fee agreement;

(D) a copy of the contingency fee agreement is on file

with the Register of Wills; and

113

(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.

(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.

114

MARYLAND RULES OF PROCEDURE

TITLE 6 – SETTLEMENT OF DECEDENTS’ ESTATES

CHAPTER 400 – ADMINISTRATION OF ESTATES

AMEND Rule 6-463 by updating a reference to the Court of

Special Appeals to the Appellate Court and by adding a reference

to Howard County, as follows:

Rule 6-463. APPEALS

An appeal from a judgment of the court may be taken (a) to

the Court of Special Appeals Appellate Court of Maryland

pursuant to Code, Courts Article, § 12-501, or (b) except in

Harford, Howard, and Montgomery Counties, to the circuit court

for the county pursuant to Code, Courts Article, § 12-502 and

Title 7, Chapter 500 of these Rules.

115

MARYLAND RULES OF PROCEDURE

TITLE 6 – SETTLEMENT OF DECEDENTS’ ESTATES

CHAPTER 500 – MISCELLANEOUS PROVISIONS

ADD new Rule 6-502, as follows:

Rule 6-502.

AFFIDAVIT OF ATTEMPT TO COMPLY WITH FEDERAL, STATE,

AND LOCAL LAWS RELATED TO FIREARMS, AMMUNITION, AND DESTRUCTIVE

DEVICES

(a)

Generally

The personal representative shall file with the register

of wills a verified affidavit of compliance with federal, State,

and local laws regarding the disposition of firearms,

ammunition, and destructive devices.

The verified affidavit

shall be filed at the time of the filing of:

(1) a Schedule B in a small estate that reports the

ownership of any firearm, ammunition, or destructive device by

the decedent;

(2) a final report in a modified administration that reports

the ownership of any firearm, ammunition, or destructive device

by the decedent; or

(3) an account that reports the disposition, or proposed

disposition, of any firearm, ammunition, or destructive device.

Cross reference: For a definition of firearm, see Code,

Criminal Law Article, § 4-208 and Code, Public Safety Article, §

116

5-101; for a definition of ammunition, see Code, Criminal Law

Article, § 4-110 and Code, Public Safety Article, § 5-133.1; and

for a definition of destructive device, see Code, Criminal Law

Article, § 4-501.

(b)

Form of Affidavit

An affidavit of attempt to comply with federal, State,

and local laws related to firearms, ammunition, and destructive

devices shall be substantially in the form posted on the

Source:

This Rule is new.

117

MARYLAND RULES OF PROCEDURE

TITLE 7 – APPELLATE AND OTHER JUDICIAL REVIEW IN CIRCUIT COURT

CHAPTER 100 – APPEALS FROM THE DISTRICT COURT

TO THE CIRCUIT COURT

AMEND Rule 7-102 by adding a cross reference after

subsection (b)(1), as follows:

Rule 7-102.

(a)

MODES OF APPEAL

De Novo

Except as provided in section (b) of this Rule, an appeal

shall be tried de novo in all civil and criminal actions.

Cross reference: For examples of appeals to the circuit court

that are tried de novo, see Code, Courts Article, § 12-401(f),

concerning a criminal action in which sentence has been imposed

or suspended following a plea of guilty or nolo contendere and

an appeal in a municipal infraction or Code violation case;

Code, Courts Article, § 3-1506, concerning an appeal from the

grant or denial of a petition seeking a peace order; and Code,

Family Law Article, § 4-507, concerning an appeal from the grant

or denial of a petition seeking relief from abuse.

(b) On the Record

An appeal shall be heard on the record made in the

District Court in the following cases:

(1) a civil action in which the amount in controversy

exceeds $5,000 exclusive of interest, costs, and attorney's fees

if attorney's fees are recoverable by law or contract;

Cross reference: For computation of the amount in controversy

in an action involving a claim for possession or repossession of

118

property, see Velicky v. Copycat Building LLC, 476 Md. 435

(2021) and Purvis v. Forest Street Apartments, 286 Md. 398

(1979).

(2) any matter arising under § 4-401(7)(ii) of the Courts

Article;

(3) any civil or criminal action in which the parties so

agree;

(4) an appeal from an order or judgment of direct criminal

contempt if the sentence imposed by the District Court was less

than 90 days' imprisonment; and

(5) an appeal by the State from a judgment quashing or

dismissing a charging document or granting a motion to dismiss

in a criminal case.

Source: This Rule is new but is derived in part from Code,

Courts Article, § 12-401(b), (c), and (f).

119

MARYLAND RULES OF PROCEDURE

TITLE 7 – APPELLATE AND OTHER JUDICIAL REVIEW IN CIRCUIT COURT

CHAPTER 100 – APPEALS FROM THE DISTRICT COURT

TO THE CIRCUIT COURT

AMEND Rule 7-104 by adding to the cross reference following

section (a); by creating new subsection (c)(1) containing the

current provisions of section (c), with amendments; by adding

new subsection (c)(2) pertaining to the time for filing an

appeal under certain circumstances; by expanding the Committee

note following section (c) to clarify the time for filing

certain motions; and by making stylistic changes, as follows:

Rule 7-104.

(a)

NOTICE OF APPEAL – TIMES FOR FILING

Generally

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

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

the judgment or order from which the appeal is taken.

Cross reference: For shorter appeal times provided by statute,

see Code, Real Property Article, §§ 8-332, 8-401, 8-402, 8402.1, 8A-1701, 8A-1702, 8A-1703, 14-109, and 14-120, and 14132.

(b)

Criminal Action – Motion for New Trial

In a criminal action, when a timely motion for a new

trial is filed pursuant to Rule 4-331 (a), the notice of appeal

shall be filed within 30 days after the later of (1) entry of

120

the judgment or (2) entry of a notice withdrawing the motion or

an order denying the motion.

(c)

Civil Action – Post Judgment Motions

(1) Generally

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

in a civil action, when a timely motion is filed pursuant to

Rule 3-533 or Rule 3-534, the notice of appeal shall be filed

within 30 days after entry of (1)(A) a notice withdrawing the

motion or (2)(B) an order denying a motion pursuant to Rule 3533 or disposing of a motion pursuant to Rule 3-534.

A notice

of appeal filed before the withdrawal or disposition of either

of these motions does not deprive the District Court of

jurisdiction to dispose of the motion.

(2) Shorter Appeal Time Provided by Statute

(A) Between Ten and 29 Days

If a statute provides for an appeal time between ten

and 29 days, inclusive, and a timely motion is filed pursuant to

Rule 3-533 or Rule 3-534, the notice of appeal shall be filed

within the time stated in the statute for an appeal commencing

after (i) a notice withdrawing the motion or (ii) an order

denying a motion pursuant to Rule 3-533 or disposing of a motion

pursuant to Rule 3-534.

(B) Less than Ten Days

121

If a statute provides for an appeal time of less than

ten days and a motion pursuant to Rule 3-533 or Rule 3-534 is

filed within the time to appeal stated in the statute, the

notice of appeal shall be filed within the time stated in the

statute for an appeal commencing after (i) a notice withdrawing

the motion or (ii) a copy of an order denying a motion pursuant

to Rule 3-533 or disposing of a motion pursuant to Rule 3-534 is

sent pursuant to Rule 1-324.

If the copy of the order is sent

by mail, three days shall be added to the time within which an

appeal may be noted.

Committee note: In cases involving a statutory appeal time that

is shorter than the time to file a motion under Rule 3-533 or

Rule 3-534 (e.g., Code, Real Property Article, §§ 8-401 and 8A1701), such motions must be filed within the statutory appeal

time in order to toll the time to appeal pursuant to subsection

(c)(2)(B) of this Rule. A motion filed under Rule 3-533 or Rule

3-534 that is not filed within the statutory appeal time may

still be timely if filed within the time permitted by those

Rules, but it does not toll the time to appeal.

A motion filed pursuant to Rule 3-535, if filed within ten

days or, if applicable, within the time stated in subsection

(c)(2)(B) of this Rule after entry of judgment, will have the

same effect as a motion filed pursuant to Rule 3-534, for

purposes of this Rule. Unnamed Attorney v. Attorney Grievance

Commission, 303 Md. 473, 494 A.2d 940 (1985); Sieck v. Sieck, 66

Md.App. 37, 502 A.2d 528 (1986).

(d)

Appeals by Other Party – Within Ten Days

If one party files a timely notice of appeal, any other

party may file a notice of appeal within ten days after the date

on which the first notice of appeal was filed or within any

longer time otherwise allowed by this Rule.

122

(e)

Date of Entry

“Entry” as used in this Rule occurs on the day when the

District Court enters a record on the docket of the electronic

case management system used by that court.

Source: This Rule is in part derived from former Rule 1312 and

in part new.

123

MARYLAND RULES OF PROCEDURE

TITLE 7 – APPELLATE AND OTHER JUDICIAL REVIEW IN CIRCUIT COURT

CHAPTER 500 – APPEALS FROM ORPHANS’ COURT TO THE CIRCUIT COURT

AMEND Rule 7-501 by updating references to the Court of

Special Appeals to the Appellate Court and by adding a reference

to Howard County to the Committee note, as follows:

Rule 7-501.

APPLICABILITY

The rules in this Chapter govern appeals to a circuit court

from a judgment or order of an orphans' court.

Committee note: In Harford County, Howard County, and

Montgomery County, direct appeal to the Court of Special Appeals

Appellate Court is the only method of appellate review of a

judgment of the Orphans' Court. See Code, Courts Article, § 12502. In all other jurisdictions, the appellant has the option

of a direct appeal to the Court of Special Appeals Appellate

Court or an appeal to the circuit court for the county.

Source:

This Rule is new.

124

MARYLAND RULES OF PROCEDURE

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

SPECIAL APPEALS SUPREME COURT AND THE APPELLATE COURT

CHAPTER 100 – GENERAL PROVISIONS

AMEND Rule 8-132 by creating new section (a) containing the

existing language of the Rule; by adding new section (b)

pertaining to an appeal improperly filed in the Appellate Court,

by adding a cross reference following section (b); and by

updating references to the Court of Appeals to the Supreme Court

and references to the Court of Special Appeals to the Appellate

Court, respectively, as follows:

Rule 8-132.

(a)

TRANSFER OF APPEAL IMPROPERLY TAKEN

Appeal to Improper Court

If the Court of Appeals Supreme Court or the Court of

Special Appeals Appellate Court determines that an appellant has

improperly noted an appeal to it but may be entitled to appeal

to another court exercising appellate jurisdiction, the Court

shall not dismiss the appeal but shall instead transfer the

action to the court apparently having jurisdiction, upon the

payment of costs provided in the order transferring the action.

(b)

Appeal Improperly Filed in the Appellate Court

125

If a notice of appeal, application for leave to appeal,

or petition for certiorari is improperly filed in the Appellate

Court, the Court shall not reject the filing but shall note on

the filing the date when it was received and transfer the filing

to the proper court.

The receiving court shall docket the

filing using the date that the filing was received by the

Appellate Court.

Cross reference: See Rules 8-201 and 8-204 regarding filing of

a notice of appeal or application for leave to appeal to the

Appellate Court in the lower court. See Rule 8-303 regarding

filing of a petition for writ of certiorari in the Supreme

Court.

Source: This Rule is in part derived from former Rule 814 and

in part new.

126

MARYLAND RULES OF PROCEDURE

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

SPECIAL APPEALS SUPREME COURT AND THE APPELLATE COURT

CHAPTER 200 – OBTAINING REVIEW IN COURT OF SPECIAL APPEALS

THE APPELLATE COURT

AMEND Rule 8-202 by expanding the cross reference following

section (a), as follows:

Rule 8-202.

(a)

NOTICE OF APPEAL — TIMES FOR FILING

Generally

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

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

the judgment or order from which the appeal is taken.

In this

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

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

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

pertaining to the State’s right to appeal a decision of the

trial court in certain circumstances.

(b)

Criminal Action – Motion for New Trial

In a criminal action, when a timely motion for a new

trial is filed pursuant to Rule 4-331 (a), the notice of appeal

shall be filed within 30 days after the later of (1) entry of

the judgment or (2) entry of a notice withdrawing the motion or

an order denying the motion.

127

(c)

Civil Action – Post-Judgment Motions

In a civil action, when a timely motion is filed pursuant

to Rule 2-532, 2-533, 2-534, or 11-218, the notice of appeal

shall be filed within 30 days after entry of (1) a notice

withdrawing the motion or (2) an order denying a motion pursuant

to Rule 2-533 or disposing of a motion pursuant to Rule 2-532,

2-534, or 11-218.

A notice of appeal filed before the

withdrawal or disposition of any of these motions does not

deprive the trial court of jurisdiction to dispose of the

motion.

If a notice of appeal is filed and thereafter a party

files a timely motion pursuant to Rule 2-532, 2-533, 2-534, or

11-218, the notice of appeal shall be treated as filed on the

same day as, but after, the entry of a notice withdrawing the

motion or an order disposing of it.

Committee note: A motion filed pursuant to Rule 2-535, if filed

within ten days after entry of judgment, will have the same

effect as a motion filed pursuant to Rule 2-534, for purposes of

this Rule. Unnamed Att'y v. Attorney Grievance Comm'n, 303 Md.

473, 494 A.2d 940 (1985); Sieck v. Sieck, 66 Md.App. 37, 502

A.2d 528 (1986).

(d)

When Notice for in Banc Review Filed

A party who files a timely notice for in banc review

pursuant to Rule 2-551 or 4-352 may file a notice of appeal

provided that (1) the notice of appeal is filed within 30 days

after entry of the judgment or order from which the appeal is

taken and (2) the notice for in banc review has been withdrawn

128

before the notice of appeal is filed and prior to any hearing

before or decision by the in banc court.

A notice of appeal by

any other party shall be filed within 30 days after entry of a

notice withdrawing the request for in banc review or an order

disposing of it.

Any earlier notice of appeal by that other

party does not deprive the in banc court of jurisdiction to

conduct the in banc review.

(e)

Appeals by Other Party – Within Ten Days

If one party files a timely notice of appeal, any other

party may file a notice of appeal within ten days after the date

on which the first notice of appeal was filed or within any

longer time otherwise allowed by this Rule.

(f)

Date of Entry

“Entry” as used in this Rule occurs on the day when the

clerk of the lower court enters a record on the docket of the

electronic case management system used by that court.

Cross reference:

Source:

Rule 2-601.

This Rule is derived from former Rule 1012.

129

MARYLAND RULES OF PROCEDURE

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

SPECIAL APPEALS SUPREME COURT AND THE APPELLATE COURT

CHAPTER 200 – OBTAINING REVIEW IN COURT OF SPECIAL APPEALS

THE APPELLATE COURT

AMEND Rule 8-205 by adding “Information” to the caption of

section (b), by deleting the language of current section (b) and

replacing it with new language requiring a notice of appeal to

be accompanied by a Civil Appeal Information Report, by adding a

Committee note after section (b) pertaining to the effect of a

failure to file a Civil Appeal Information Report, by deleting

current section (c), by re-lettering current section (d) as

section (c), by changing the time for an appellee to file a

supplemental report from seven days to ten days after service of

the appellant’s notice of appeal and Information Report, by relettering current section (e) as section (d), by adding new

section (e) regarding notice of failure to file an Information

Report, by changing the caption of section (f) from

“Confidentiality” to “Use of Report,” by updating references to

the Court of Special Appeals to the Appellate Court, and by

making stylistic changes, as follows:

Rule 8-205.

(a)

INFORMATION REPORTS

Applicability

130

This Rule applies to appeals in all civil actions in the

Court of Special Appeals Appellate Court except juvenile causes,

appeals from guardianships terminating parental rights, appeals

from actions for a writ of error coram nobis, and applications

and appeals by prisoners seeking relief relating to confinement

or conditions of confinement.

(b)

Information Report by Appellant Required

Upon the filing of a notice of appeal, the clerk of the

lower court shall provide to the appellant an information report

form prescribed by the Court of Special Appeals.

Unless an

expedited appeal is elected pursuant to Rule 8-207, the

appellant shall file with the Clerk of the Court of Special

Appeals a copy of the notice of appeal and a complete and

accurate information report.

A notice of appeal in a civil case filed pursuant to Rule

8-201 shall be accompanied by a completed Civil Appeal

Information Report.

The Information Report shall be in a form

approved by the State Court Administrator and posted on the

Judiciary website.

Committee note: The failure to file a completed Civil Appeal

Information Report is not cause for a circuit court to strike or

reject the filing. Rule 8-602 (c)(2) governs dismissal of an

appeal by the Appellate Court for failure to file a completed

Information Report.

131

When a notice of appeal is filed more than ten days after

the entry of judgment, the information report shall be filed

within ten days after the filing of the notice.

When the notice

of appeal is filed within ten days after the entry of judgment,

the information report shall be filed within ten days after the

expiration of that ten-day period, if no post-judgment motion

pursuant to Rule 2-532, 2-533, or 2-534 or a notice for in banc

review pursuant to Rule 2-551 has been timely filed.

Cross reference:

(d)(c)

Rule 8-202(c).

Report by Appellee

Within seven ten days after service of appellant's

information report notice of appeal and Civil Appeal Information

Report, each appellee may file with the Clerk of the Court of

Special Appeals Appellate Court a supplemental report containing

any other information needed to clarify the issues on appeal or

otherwise assist in the implementation of Rule 8-206.

(e)(d)

Disclosure of Post-Judgment Motions

If the filing, withdrawal, or disposition of a motion

pursuant to Rule 2-532, 2-533, or 2-534 has not been disclosed

in an information report a Civil Appeal Information Report or

supplemental report, the party filing the motion shall notify

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

filing and of the withdrawal or disposition.

(e)

Failure to File Report

132

If the appellant fails to file a Civil Appeal Information

Report as required by this Rule, the Clerk of the Appellate

Court promptly shall serve a notice on all parties stating that

the Information Report has not been filed and the Court may

dismiss the appeal pursuant to Rule 8-602 if the appellant does

not file an Information Report within 15 days after service of

the notice.

(f)

Confidentiality Use of Report

Information contained in an information report a Civil

Appeal Information Report or a supplemental report shall not (1)

be treated as admissions, (2) limit the disclosing party in

presenting or arguing that party's case, or (3) be referred to

except at a scheduling conference under Rule 8-206 or during ADR

under Title 17, Chapter 400 of these Rules.

Cross reference: See Rule 17-102 (a) for the definition of ADR

and Rule 17-402 concerning the use of Information Reports by the

CSA ADR division.

Source: This Rule is derived from former Rule 1023 with the

exception of section (a), which is derived from former Rule

1022, section (e), which is new, and section (f), the substance

of which was transferred from Rule 8-206.

133

MARYLAND RULES OF PROCEDURE

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

SPECIAL APPEALS SUPREME COURT AND THE APPELLATE COURT

CHAPTER 200 – OBTAINING REVIEW IN COURT OF SPECIAL APPEALS

THE APPELLATE COURT

AMEND Rule 8-206 by changing “information report” to “Civil

Appeal Information Report” in section (a), by updating

references to the Court of Special Appeals to the Appellate

Court, and by updating a reference to the Court of Appeals to

the Supreme Court, as follows:

Rule 8-206.

(a)

ADR; SCHEDULING CONFERENCE; ORDER TO PROCEED

ADR

Upon the filing of an appellant's information report

Civil Appeal Information Report pursuant to Rule 8-205, the

Court of Special Appeals Appellate Court may enter an order

referring the parties, their attorneys, or both to a prehearing

conference or mediation pursuant to the Rules in Title 17,

Chapter 400.

(b)

Scheduling Conference

(1) Order to Attend

Upon the filing of any appeal to the Court of Special

Appeals Appellate Court, the Chief Judge or a judge designated

134

by the Chief Judge, on motion of a party or on the judge's own

initiative, may enter an order directing the parties, their

attorneys, or both, to appear before an incumbent or senior

judge of the Court at a time and place specified in the order or

to be determined by the designated judge.

(2) Purposes

The primary purposes of a scheduling conference are to

identify and attempt to resolve any special procedural issues

and to examine ways to expedite the appeal, if practicable.

The

participants may discuss:

(A) any claim that the appeal is not timely, that there is

no final or otherwise appealable judgment, that the appeal is

moot, or that an issue sought to be raised in the appeal is not

preserved for appellate review and, in the absence of an

agreement to dismiss the appeal or limit the issues, whether it

is feasible for any such issue to be presented to the Court in

an appropriate preliminary motion;

(B) whether there are any problems with or any dispute

over the record and how any such problem or dispute may be

resolved;

relevant facts, whether it is feasible to proceed on an agreed

statement of the case in lieu of a record and record extract,

pursuant to Rule 8-413 (b);

135

(D) if there are multiple parties raising similar issues,

whether one or more consolidated briefs may be feasible and

whether any adjustments to the timing and length of such briefs

may be useful;

(E) if the appeal will hinge on one or two issues of

Statewide importance, whether a petition to the Court of Appeals

Supreme Court for certiorari may be useful;

(F) whether, because of existing or anticipated

circumstances, further proceedings in the Court of Special

Appeals Appellate Court should be expedited or delayed; and

(G) any other administrative matter or issue that may make

the appellate process more efficient or expeditious.

· · ·

136

MARYLAND RULES OF PROCEDURE

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

SPECIAL APPEALS SUPREME COURT AND THE APPELLATE COURT

CHAPTER 200 – OBTAINING REVIEW IN COURT OF SPECIAL APPEALS

THE APPELLATE COURT

AMEND Rule 8-207 by changing “information report” to “Civil

Appeal Information Report” in subsection (a)(2) and by updating

references to the Court of Appeals to the Supreme Court and

references to the Court of Special Appeals to the Appellate

Court, as follows:

Rule 8-207.

(a)

MOTION FOR NEW TRIAL

Adoption, Guardianship, Child Access, Child in Need of

Assistance, Special Immigrant Juvenile Status Cases

(1) This section applies to every appeal to the Court of

Special Appeals Appellate Court (A) from a judgment granting or

denying a petition (i) for adoption, guardianship terminating

parental rights, or guardianship of the person of a minor or

disabled person, or (ii) to declare that a child is a child in

need of assistance, (B) from a judgment granting, denying, or

establishing custody of or visitation with a minor child or from

an interlocutory order taken pursuant to Code, Courts Article, §

12-303(3)(x), and (C) from a judgment or other appealable order

137

granting or denying a petition or motion for an order containing

findings or determinations of fact necessary to a grant of

Special Immigrant Juvenile Status by the Secretary of Homeland

Security or other authorized federal agency or official. Unless

otherwise provided for good cause by order of the Court of

Special Appeals Appellate Court or by order of the Court of

Appeals Supreme Court if that Court has assumed jurisdiction

over the appeal, the provisions of this section shall prevail

over any other rule to the extent of any inconsistency.

(2) In the information report Civil Appeal Information

Report filed pursuant to Rule 8-205, the appellant shall state

whether the appeal is subject to this section.

. . .

(4) The clerk of the lower court shall transmit the record

to the Court of Special Appeals Appellate Court within thirty

days after (A) the date of the order entered pursuant to Rule 8206 (c), or (B) the filing of a notice of appeal in a juvenile

cause subject to this Rule or from a guardianship terminating

parental rights subject to this Rule.

. . .

(6) Any motion for reconsideration pursuant to Rule 8-605

shall be filed within 15 days after the filing of the opinion of

the Court or other order disposing of the appeal.

Unless the

mandate is delayed pursuant to Rule 8-605 (d) or unless

138

otherwise directed by the Court, the Clerk of the Court of

Special Appeals Appellate Court shall issue the mandate upon the

expiration of 15 days after the filing of the court's opinion or

order.

(b)

By Election of Parties

(1) Election

Within 20 days after the first notice of appeal is filed

or within the time specified in an order entered pursuant to

Rule 8-206 (c), the parties may file with the Clerk of the Court

of Special Appeals Appellate Court a joint election to proceed

pursuant to this Rule.

. . .

(10) Applicability of Other Rules

The Rules of this Title governing appeals to the Court

of Special Appeals Appellate Court shall be applicable to

expedited appeals except to the extent inconsistent with this

Rule.

Source: This Rule is derived in part from former Rule 1029 and

is in part new.

139

MARYLAND RULES OF PROCEDURE

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

SPECIAL APPEALS SUPREME COURT AND THE APPELLATE COURT

CHAPTER 300 – OBTAINING APPELLATE REVIEW IN THE COURT OF APPEALS

SUPREME COURT

AMEND Rule 8-303 by adding new section (c) concerning

informal certiorari petitions, cross-petitions, and answers in

the Supreme Court; by re-lettering former sections (c) through

(g) as sections (d) through (h), respectively; by adding a

provision to section (g) concerning the minimum number of votes

for certiorari to be granted; and by updating references to the

“Court of Appeals” to the “Supreme Court” and references to the

“Court of Special Appeals” to the “Appellate Court,” as follows:

Rule 8-303.

(a)

PETITION FOR WRIT OF CERTIORARI – PROCEDURE

Filing

A petition for a writ of certiorari shall be filed with

the Clerk of the Court of Appeals Supreme Court.

The petition

or cross-petition shall be accompanied by the filing fee

prescribed pursuant to Code, Courts Article, § 7-102 unless:

(1) if the petition or cross-petition is in a civil action,

the prepayment of prepaid costs has been waived in accordance

with Rule 1-325.1; or

140

(2) if the petition or cross-petition is in a criminal

action, the fee has been waived by an order of court or the

petitioner is represented by the Public Defender's Office.

Cross reference:

(b)

Rule 1-325.

Petition; Cross-Petition

(1) Contents

The petition or cross-petition shall present accurately,

briefly, and clearly whatever is essential to a ready and

adequate understanding of the points requiring consideration.

Except with the permission of the Court of Appeals Supreme

Court, a petition or cross-petition, including a cross-petition

that answers a petition, shall not exceed 3,900 words.

petition and cross-petition shall contain the following

information:

(A) A reference to the action in the lower court by name

and docket number;

(B) A statement whether the case has been decided by the

Court of Special Appeals Appellate Court;

Appeals Appellate Court, a statement whether briefs have been

filed in that Court or the date briefs are due, if known;

(D) A statement whether the judgment of the circuit court

has adjudicated all claims in the action in their entirety, and

the rights and liabilities of all parties to the action;

141

(E) The date of the judgment sought to be reviewed and the

date of any mandate of the Court of Special Appeals Appellate

Court;

(F) The questions presented for review;

(G) A particularized statement of why review of those

issues by the Court of Appeals Supreme Court is desirable and in

the public interest;

(H) A reference to pertinent constitutional provisions,

statutes, ordinances, or regulations;

(I) A concise statement of the facts material to the

consideration of the questions presented; and

(J) A concise argument in support of the petition or

cross-petition.

(2) Documents

A copy of each of the following documents shall be

submitted with the petition or cross-petition at the time it is

filed:

(A) The docket entry evidencing the judgment of the

circuit court;

(B) Any opinion of the circuit court;

(D) If the case has not been decided by the Court of

Special Appeals Appellate Court, all briefs that have been filed

in the Court of Special Appeals Appellate Court; and

142

(E) Any opinion of the Court of Special Appeals Appellate

Court.

(3) Where Documents Unavailable

If a document required by subsection (b)(2) of this Rule

is unavailable, the petitioner shall state the reason for the

unavailability.

If a document required to be submitted with the

petition or cross-petition becomes available after the petition

or cross-petition is filed but before it has been acted upon,

the petitioner shall file it as a supplement to the petition or

cross-petition as soon as it becomes available.

(4) Previously Served Documents

Copies of any brief or opinion previously served upon or

furnished to another party need not be served upon that party.

(c)

Informal Petitions, Cross-Petitions, and Answers

A self-represented party may file an informal petition

for writ of certiorari, cross-petition for writ of certiorari,

or answer to a petition for writ of certiorari.

An informal

petition for writ of certiorari, cross-petition for certiorari,

or answer to a petition for writ of certiorari is not subject to

the requirements of Rule 8-112 and shall not exceed 15 pages in

length.

An informal petition for writ of certiorari or cross-

petition for writ of certiorari shall contain the information

required in subsection (b)(1) of this Rule, but need not be

accompanied by the documents required in subsection (b)(2) of

143

this Rule unless otherwise ordered by the Supreme Court.

The

Supreme Court may authorize the use of a form for filing an

informal petition for writ of certiorari, cross-petition for

writ of certiorari, or answer to a petition for writ of

certiorari.

Any such form shall be made available

electronically on the Judiciary website, or in paper form in the

office of the Clerk of the Supreme Court.

Section (c) of this

Rule does not limit the ability of the Clerk of the Supreme

Court to accept a petition for writ of certiorari, crosspetition for writ of certiorari, or answer to a petition for

writ of certiorari, that does not meet the requirements of this

Rule.

(c)(d)

Sanction

Failure to comply with section (b) of this Rule is a

sufficient reason for denying the petition or cross-petition.

(d)(e)

Answer

(1) Time to File

Within 15 days after service of the petition or crosspetition, any other party may file an original answer to the

petition or cross-petition stating why the writ should be

denied.

If an amicus curiae brief is filed in support of the

petition or cross-petition pursuant to Rule 8-511 (e), the

deadline to answer is automatically extended to 15 days after

service of the amicus curiae brief.

144

(2) Word Limits

Except with the permission of the Court of Appeals

Supreme Court: (A) an answer to a petition shall not exceed

3,900 words, and (B) a reply to a cross-petition shall not

exceed 1,500 words.

(e)(f)

Stay of Judgment of Court of Special Appeals the

Appellate Court or of a Circuit Court

Upon the filing of a petition for a writ of certiorari,

or upon issuing a writ on its own motion, the Court of Appeals

Supreme Court may stay the issuance, enforcement, or execution

of a mandate of the Court of Special Appeals Appellate Court or

the enforcement or execution of a judgment of a circuit court.

(f)(g)

Disposition

On review of the petition or cross-petition and any

answer, the Court, unless otherwise ordered, shall grant or deny

the petition or cross-petition without the submission of briefs

or the hearing of argument.

The Court may not grant a petition

or cross-petition with fewer than three affirmative votes.

the petition or cross-petition is granted, the Court shall:

(1) direct further proceedings in the Court of Appeals

Supreme Court;

(2) dismiss the appeal pursuant to Rule 8-602;

(3) affirm the judgment of the lower court;

(4) vacate or reverse the judgment of the lower court;

145

(5) modify the judgment of the lower court;

(6) remand the action to the lower court for further

proceedings pursuant to Rule 8-604 (d); or

(7) an appropriate combination of the above.

(g)(h)

Duty of Clerk

The Clerk of the Court of Appeals Supreme Court shall

send a copy of the order disposing of the petition or crosspetition to the clerk of the lower court.

If the order directs

issuance of a writ of certiorari, the Clerk shall issue the writ

to the lower court.

Source:

This Rule is derived from former Rule 811.

146

MARYLAND RULES OF PROCEDURE

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

SPECIAL APPEALS SUPREME COURT AND THE APPELLATE COURT

CHAPTER 400 – PRELIMINARY PROCEDURES

AMEND Rule 8-412 by updating references to the “Court of

Appeals” to the “Supreme Court” and references to the “Court of

Special Appeals” to the “Appellate Court,” as follows:

RULE 8-412.

(a)

RECORD – TIME FOR TRANSMITTING

To the Court of Special Appeals Appellate Court

Unless a different time is fixed by Rule 8-204 or by an

order entered pursuant to section (d) of this Rule, the clerk of

the lower court shall transmit the record to the Court of

Special Appeals Appellate Court within the applicable time

specified in this section:

(1) in a civil action proceeding under Rule 8-207 (a),

thirty days after the first notice of appeal is filed;

(2) in all other civil actions subject to Rule 8-205 (a),

sixty days after the date of an order entered pursuant to Rule

8-206 (c); or

(3) in all other actions, sixty days after the date the

first notice of appeal is filed.

Cross reference:

Rule 8-207 (a).

147

(b)

To the Court of Appeals Supreme Court

Unless a different time is fixed by order entered

pursuant to section (d) of this Rule, the clerk of the court

having possession of the record shall transmit it to the Court

of Appeals Supreme Court within 15 days after entry of a writ of

certiorari directed to the Court of Special Appeals Appellate

Court, or within sixty days after entry of a writ of certiorari

directed to a lower court other than the Court of Special

Appeals Appellate Court.

. . .

Source:

This Rule is derived from former Rules 1025 and 825.

148

MARYLAND RULES OF PROCEDURE

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

SPECIAL APPEALS SUPREME COURT AND THE APPELLATE COURT

CHAPTER 400 – PRELIMINARY PROCEDURES

AMEND Rule 8-413 by updating a reference to the “Court of

Appeals” to the “Supreme Court” and references to the “Court of

Special Appeals” to the “Appellate Court” and by making a

stylistic change, as follows:

Rule 8-413.

(a)

RECORD – CONTENTS AND FORM

Contents of Record

The record on appeal shall include:

(1) a certified copy of the docket entries in the lower

court,

(2) the transcript required by Rule 8-411, and

(3) all original papers filed in the action in the lower

court except a supersedeas bond or alternative security and

those other items that the parties stipulate may be omitted.

The clerk of the lower court shall append a certificate clearly

identifying the papers included in the record.

The lower court

may order that the original papers in the action be kept in the

lower court pending the appeal, in which case the clerk of the

lower court shall transmit only a certified copy of the original

149

papers.

The lower court, by order, shall resolve any dispute

whether the record accurately discloses what occurred in the

lower court, and shall cause the record to conform to its

decision.

The lower court shall also correct or modify the

record if directed by an appellate court pursuant to Rule 8-414

(b)(2).

When the Court of Appeals Supreme Court reviews an

action pending in or decided by the Court of Special Appeals

Appellate Court, the record shall also include the record of any

proceedings in the Court of Special Appeals Appellate Court.

. . .

Source:

826.

This Rule is derived from former Rule 1026 and Rule

150

MARYLAND RULES OF PROCEDURE

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

SPECIAL APPEALS SUPREME COURT AND THE APPELLATE COURT

CHAPTER 400 – PRELIMINARY PROCEDURES

AMEND Rule 8-422 by adding a reference to Rule 4-348 and

clarifying language to section (b) and by updating references to

the appellate courts, as follows:

Rule 8-422.

(a)

STAY OF ENFORCEMENT OF JUDGMENT

Civil Proceedings

(1) Generally

Stay of an order granting an injunction is governed by

Rules 2-632 and 8-425.

Except as otherwise provided in the Code

or Rule 2-632, an appellant may stay the enforcement of any

other civil judgment from which an appeal is taken by filing

with the clerk of the lower court a supersedeas bond under Rule

8-423, alternative security as prescribed by Rule 1-402 (e), or

other security as provided in Rule 8-424.

The bond or other

security may be filed at any time before satisfaction of the

judgment, but enforcement shall be stayed only from the time the

security is filed.

Cross reference: For provisions permitting a stay without the

filing of a bond, see Code, Family Law Article, § 5-518 and

Courts Article, § 12-701(a)(1). For provisions limiting the

extent of the stay upon the filing of a bond, see Code,

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Alcoholic Beverages Article, § 4-908; Courts Article, § 12701(a)(2); Insurance Article § 2-215(j)(2); and Tax - Property

Article, § 14-514. For general provisions governing bonds filed

in civil actions, see Title 1, Chapter 400 of these Rules.

(2) When Security Filed After Partial Execution

If a supersedeas bond or other security is filed after

partial execution on the judgment, the clerk of the lower court

shall issue a writ directing the sheriff who has possession of

any property attached to stay further proceedings and surrender

the property upon payment of all accrued costs of the execution.

(3) Death of Appellant

A bond or other security filed shall not be voided by

the death of the appellant pending the appeal.

(b)

Criminal Proceedings

Stay of enforcement of a judgment in a criminal

proceeding is governed by Rule 4-348.

Release pending appeal is

governed by Rule 4-349.

Cross reference: For provisions permitting a stay without the

filing of a bond, see Code, Criminal Procedure Article, § 7-109.

(c)

Review of Lower Court Action by the Court of Special

Appeals Appellate Court

After an appeal has been filed, on motion of a party who

has first sought relief in the lower court, the Court of Special

Appeals Appellate Court, with or without a hearing, may (1) deny

the motion; (2) increase, decrease, or fix the amount of the

supersedeas or criminal appeal bond; (3) enter an order as to

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the surety or security on the bond, other security, or the

conditions of the stay; or (4) enter an order directing further

proceedings in the lower court.

(d)

Continuation in Court of Appeals Supreme Court of

Previously Filed Security

A bond or other security previously filed to stay

enforcement of a judgment of the lower court shall continue in

effect pending review of the case by the Court of Appeals

Supreme Court.

On motion, the Court of Appeals Supreme Court,

with or without a hearing, may take such action as may be

appropriate, including increasing or decreasing the amount of

the bond, any security on the bond, or any other security.

Source: This Rule is derived as follows:

Subsection (a)(1) is derived from former Rule 1017 a and c.

Subsection (a)(2) is derived from former Rule 1017 d.

Subsection (a)(3) is derived from former Rule 1017 f.

Section (b) is new.

Section (c) is derived from former Rule 1020 d.

Section (d) is derived from former Rule 816.

153

MARYLAND RULES OF PROCEDURE

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

SPECIAL APPEALS SUPREME COURT AND THE APPELLATE COURT

CHAPTER 400 – PRELIMINARY PROCEDURES

AMEND Rule 8-431 by deleting the requirement from section

(e) that copies accompany an original motion or response, as

follows:

Rule 8-431.

MOTIONS

. . .

(e)

Filing; Copies

The original of a motion and any response shall be filed

with the Clerk. It shall be accompanied by (1) seven copies when

filed in the Court of Appeals and (2) four copies when filed in

the Court of Special Appeals, except as otherwise provided in

these rules.

. . .

154

MARYLAND RULES OF PROCEDURE

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

SPECIAL APPEALS SUPREME COURT AND THE APPELLATE COURT

CHAPTER 500 – RECORD EXTRACT, BRIEFS, AND ARGUMENT

AMEND Rule 8-501 by changing the number of copies required

in section (k) to eight and by replacing “Court of Appeals” with

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

Court” throughout this Rule, as follows:

Rule 8-501.

(a)

RECORD EXTRACT

Duty of Appellant

Unless otherwise ordered by the appellate court or

provided by this Rule, the appellant shall prepare and file a

record extract in every case in the Court of Appeals Supreme

Court, subject to section (k) of this Rule, and in every civil

case in the Court of Special Appeals Appellate Court.

The

record extract shall be included as an attachment to appellant's

brief, or filed as a separate volume with the brief in the

number of copies required by Rule 8-502 (c).

(b)

Exceptions

Unless otherwise ordered by the court, a record extract

shall not be filed (1) when an agreed statement of the case is

filed pursuant to Rule 8-207 or 8-413 (b) or (2) in an appeal in

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the Court of Special Appeals Appellate Court from a criminal

case or from child in need of assistance proceedings,

extradition proceedings, inmate grievance proceedings, juvenile

delinquency proceedings, permanency planning proceedings, or

termination of parental rights proceedings.

Cross reference: See Rule 8-504 (b) for the contents of a

required appendix to appellant's brief in criminal cases in the

Court of Special Appeals Appellate Court.

. . .

(k)

Record Extract in Court of Appeals Supreme Court on

Review of Case From Court of Special Appeals from the Appellate

Court

When a writ of certiorari is issued to review a case

pending in or decided by the Court of Special Appeals Appellate

This text is long and has been trimmed here. Open the source document for the complete record.

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