# IN THE SUPREME COURT OF MARYLAND > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/court_rules%3Amd%3A5551302351178371 ## Record - **Collection:** Court rules - **Document type:** Court rule ## Text IN THE SUPREME COURT OF MARYLAND R U L E S O R D E R This Court’s Standing Committee on Rules of Practice and Procedure having submitted its 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, 1 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by the Supreme Court of Maryland, that current Title 2, Chapter 800 and current Rule 12-401 be, and they are hereby, rescinded; and it is further ORDERED that new Title 21, new Title 12, Chapter 400, and new Rules 15-1501 and 17-106 be, and they are hereby, adopted in the form attached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, 2 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 3 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 4 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 5 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 6 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. 7 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 8 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) 9 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. An 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. 10 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. (c) Attachment 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. 11 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. 12 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 13 (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 14 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 15 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. 16 17 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 18 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, 19 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 20 applicable electronic filing requirements, the information to be redacted or shielded for purposes of public access. Cross reference: See Rule 20-201. · · · 21 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). 22 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; (C) burial ground sale (Rule 14-401); (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 23 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); (c) Condemnation, when filed by State Roads Commission for 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); 24 (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. 25 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 26 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. · · · 27 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 28 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); (C) one or more dates by which each party shall file the 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; 29 (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; (C) a specific referral to or direction to pursue an available and appropriate form of alternative dispute resolution, including a requirement that individuals with authority to settle be present or readily available for consultation during the alternative dispute resolution proceeding, provided that the referral or direction conforms to the limitations of Rule 2-504.1 (e); (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; 30 (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. ... 31 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 32 (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. . . . 33 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. · · · 34 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. · · · 35 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 36 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). 37 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. 38 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. 39 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. 40 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 (c) Non-Evidentiary 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 (c) Absence of Consent; Required Findings Rule 2-804. CONDITIONS ON REMOTE ELECTRONIC PARTICIPATION (a) Personal Appearance (b) Standards (c) Participation of Interpreters; Attorney-Client 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 41 (c) Minimum Requirements 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 (c) Pretrial Proceedings (d) Subpoenas (e) Jurors (f) Use of Electronic Devices (g) Recording Proceedings 42 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.” 43 (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 44 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. 45 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 46 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. 47 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. 48 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. 49 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 50 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 51 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. 52 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. 53 (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. 54 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. 55 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. 56 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 57 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. (C) Considerations at Pretrial Conference 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; 58 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 59 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 60 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 61 have access to the jurors' responses to case-specific written questionnaires in advance of the examination to expedite the selection process. (C) Additional Jurors 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 62 attention to the trial and to maintain the secrecy of jury deliberations. (C) After all evidence has been presented, and pursuant to 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 63 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. 64 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. 65 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. 66 Source: This Section (a) of this Rule is new and replaces former M.D.R. 103 d 2. Section (b) is new. 67 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. 68 (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 69 “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 70 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; (C) if attorneys' fees are claimed, sufficient proof 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. 71 (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 (C) an electronic printout or other documentation from the 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. 72 (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 73 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; (C) the last four digits of the social security number for 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 74 (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; (C) an itemization of any fees or charges claimed by the 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: 75 (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 (C) a statement of the amount and date of the last payment 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 (C) date of issue. 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 76 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. If 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 77 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. 78 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. 79 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 80 7-104 (c) concerning the time for filing a notice of appeal when a motion has been filed under this Rule. . . . 81 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 82 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). 83 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 84 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. ... 85 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. 86 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. 87 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. 88 (5) A request for joint or separate trial of defendants or offenses. ... 89 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. . . . 90 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 91 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 92 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 93 No 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. 94 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 95 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. 96 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 97 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 98 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 99 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; (C) the fee does not exceed the terms of the contingency fee agreement; (D) a copy of the contingency fee agreement is on file with the register of wills; and (E) the attorney files a statement with each account stating that the scope of the representation by the attorney does not extend to the administration of the estate. (2)(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 register substantially in the following form: 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 To Name of Personal Representative/Attorney ______________ _________________________________________ ______________ _________________________________________ ______________ _________________________________________ ______________ _________________________________________ I have read this entire form and I hereby consent to the payment of personal representative and/or attorney’s fees in the above amount. Date Signature Name (Typed or Printed) ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ____________________________ Attorney ____________________________ Personal Representative _____________________________ Address _____________________________ Personal Representative 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; (C) the fee does not exceed the terms of the contingency fee agreement; (D) a copy of the contingency fee agreement is on file with the Register of Wills; and 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 Register of Wills forms website. 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 unde [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/court_rules%3Amd%3A5551302351178371. Public record. Not legal advice.