IN THE SUPREME COURT OF MARYLAND
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IN THE SUPREME COURT OF MARYLAND
RULES ORDER
This Court’s Standing Committee on Rules of Practice and Procedure
having submitted its Two Hundred and Twenty-Seventh Report to the Supreme
Court of Maryland, recommending proposed new Title 16, Chapter 900,
Division 5 (Other Requests); proposed new Rules 1-315, 8-306, 9-103.1,
10-304.2, and 16-942; proposed amendments to current Rules 2-305, 2-512,
2-601, 2-625, 2-643, 2-645, 3-305, 3-505, 3-601, 3-621, 3-625, 3-643, 3-645,
4-215, 4-508.1, 4-512, 6-121, 7-501, 8-111, 8-301, 8-305, 8-422, 8-502,
8-503, 8-504, 8-523, 9-102, 9-103, 9-105, 9-107, 9-109, 9-111, 9-112,
9-204.1, 9-204.2, 9-206, 9-301, 10-711, 11-112, 11-220, 11-410, 11-503,
12-103, 15-901, 16-104, 16-203, 16-204, 16-301, 16-406, 16-904, 16-912,
16-914, 16-915, 18-305, 19-409, 19-503, 19-606, 19-728, 20-106, 20-203,
20-205, 20-403, 20-404, and 20-504; proposed re-numbering of Rule 16-934;
and proposed amendments to Form 11-309 of the Maryland Rules of
Procedure, 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, making on its own motion certain amendments to the
proposed Rules changes, and finding that exigent circumstances exist with
1
respect to the effective date of new Rule 8-306 and amendments to Form 11309, it is this 19th day of February, 2026
ORDERED, by the Supreme Court of Maryland, that new Title 16,
Chapter 900, Division 5 (Other Requests) be, and it is hereby, adopted in the
form attached to this Order; and it is further
ORDERED that current Rule 16-934 be, and it is hereby, renumbered
Rule 16-941; and it is further
ORDERED that new Rules 1-315, 8-306, 9-103.1, 10-304.2, and 16-942
be, and they are hereby, adopted in the form attached to this Order; and it is
further
ORDERED that amendments to Rules 2-305, 2-512, 2-601, 2-643,
2-645, 3-305, 3-505, 3-601, 3-621, 3-643, 3-645, 4-215, 4-508.1, 4-512,
6-121, 7-501, 8-111, 8-301, 8-305, 8-422, 8-502, 8-503, 8-504, 8-523, 9-102,
9-103, 9-105, 9-107, 9-109, 9-111, 9-112, 9-204.1, 9-204.2, 9-206, 9-301,
10-711, 11-112, 11-220, 11-410, 11-503, 12-103, 15-901, 16-104, 16-203,
16-204, 16-301, 16-406, 16-904, 16-912, 16-914, 16-915, 18-305, 19-409,
19-503, 19-606, 19-728, 20-106, 20-203, 20-205, 20-403, 20-404, and
20-504 be, and they are hereby, adopted in the form attached to this Order;
and it is further
ORDERED that amendments to Form 11-309 be, and they are hereby,
adopted in the form attached to this Order; and it is further
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ORDERED that the proposed amendments to Rule 2-625 and 3-625 be,
and they are hereby, remanded to the Standing Committee on Rules of Practice
and Procedure for further study; and it is further
ORDERED that new Rule 8-306 and the amendments to Form 11-309
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 February 23, 2026 and, insofar
as practicable, to all actions then pending; and it is further
ORDERED that all other Rules changes hereby adopted by this Court
shall govern the courts of this State and all parties and their attorneys in all
actions and proceedings, and shall take effect and apply to all actions
commenced on or after July 1, 2026 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/ Brynja M. Booth
Brynja M. Booth
/s/ Jonathan Biran
Jonathan Biran
/s/ Steven B. Gould
Steven B. Gould
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/s/ Angela M. Eaves
Angela M. Eaves
/s/ Peter K. Killough
Peter K. Killough
Filed: February 19, 2026
/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.
2026.02.19
'00'05- 13:38:59
Gregory Hilton, Clerk
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RULE 1-315
MARYLAND RULES OF PROCEDURE
TITLE 1 – GENERAL PROVISIONS
CHAPTER 300 – GENERAL PROVISIONS
ADD new Rule 1-315, as follows:
Rule 1-315. REQUEST FOR RECUSAL
(a) Request
A party asserting that a fair and impartial proceeding cannot be had
before the judge or judicial appointee to whom the proceeding has been
assigned may request that the judge or judicial appointee recuse.
Cross reference: For the obligation of judges to recuse, see Md. Const. Art. IV,
§ 7 and Rule 18-102.11. For the obligation of judicial appointees to recuse, see
Rule 18-202.11.
(b) Reassignment
If the judge or judicial appointee grants the request, the proceeding shall
be reassigned in the court where the action is pending in accordance with the
assignment policies and procedures of that court.
Cross reference: For recusal and reassignment in District Court proceedings,
see Rules 3-505 and 4-254 (a). For assignment of proceedings in the circuit
courts, see Rule 16-302. For assignment of proceedings in the courts of this
State, generally, see the Rules in Title 16, Chapter 100.
Source: This Rule is derived in part from Rule 3-505 (a) and is in part new.
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RULE 2-305
MARYLAND RULES OF PROCEDURE
TITLE 2 – CIVIL PROCEDURE – CIRCUIT COURT
CHAPTER 300 – PLEADINGS AND MOTIONS
AMEND Rule 2-305 by creating new section (a) consisting of the first and
last sentences of the current Rule, by creating new subsection (b)(1) consisting
of the second sentence of the current Rule, by creating new subsection (b)(2)
pertaining to money judgments for medical debt, by adding a cross reference at
the end of the Rule, and by making stylistic changes, as follows:
Rule 2-305. CLAIMS FOR RELIEF
(a) Generally
A pleading that sets forth a claim for relief, whether an original claim,
counterclaim, cross-claim, or third-party claim, shall contain a clear statement
of the facts necessary to constitute a cause of action and a demand for
judgment for the relief sought. Relief in the alternative or of several different
types may be demanded.
(b) Demand for Money Judgment
(1) Amount Sought
Unless otherwise required by law, (a)(A) a demand for a money judgment
that does not exceed $75,000 shall include the amount of damages sought, and
(b)(B) a demand for a money judgment that exceeds $75,000 shall not specify
the amount sought, but shall include a general statement that the amount
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RULE 2-305
sought exceeds $75,000. Relief in the alternative or of several different types
may be demanded.
Cross reference: For pleading requirements and other procedures when
attorneys' fees are claimed, see the Rules in Title 2, Chapter 700.
Committee note: If the amount sought exceeds $75,000, a general statement
to that effect is necessary in order to determine if the case may be removed to a
federal court based on diversity of citizenship. See 28 U.S.C.S. U.S.C. § 1332.
A specific dollar amount must be given when the damages sought are less than
or equal to $75,000 because the dollar amount is relevant to determining
whether the amount is sufficient for circuit court jurisdiction or a jury trial.
(2) Medical Debt
If a demand for money judgment seeks payment of medical debt as
defined by Code, Real Property Article, § 14-203.1, the complaint shall (A)
indicate that the judgment sought is for medical debt and (B) state the address
of the primary residence of the defendant.
Cross reference: See Code, Courts Article, § 11-402(b) for pleading
requirements for a complaint seeking judgment for medical debt.
Source: This Rule is derived in part from former Rules 301 c, 340 a, and 370 a
3 and the 1966 version of Fed. R. Civ. P. 8(a) and is in part new.
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RULE 2-512
MARYLAND RULES OF PROCEDURE
TITLE 2 – CIVIL PROCEDURE – CIRCUIT COURT
CHAPTER 500 - TRIAL
AMEND Rule 2-512 by updating a reference to Rule 16-934 in the cross
reference following subsection (c)(3), as follows:
Rule 2-512. JURY SELECTION
...
(c) Jury List
...
(3) Not Part of the Case Record; Exception
Unless the court orders otherwise, copies of jury lists shall be returned to
the jury commissioner. Unless marked for identification and offered in
evidence pursuant to Rule 2-516, a jury list is not part of the case record.
Cross reference: See Rule 16 934 16-941 concerning petitions to permit or
deny inspection of a case record.
...
8
RULE 2-601
MARYLAND RULES OF PROCEDURE
TITLE 2 – CIVIL PROCEDURE – CIRCUIT COURT
CHAPTER 600 – JUDGMENT
AMEND Rule 2-601 by adding new subsection (a)(6) and by adding a
cross reference following the new subsection, as follows:
Rule 2-601. ENTRY OF JUDGMENT
(a) Separate Document—Prompt Entry
(1) Each judgment shall be set forth on a separate document and should
include a statement of an allowance of costs as determined in conformance
with Rule 2-603.
Committee note: The failure of the separate document to include an allowance
or assessment of costs does not preclude the document from constituting a
final and appealable judgment. See Mattison v. Gelber, 202 Md. App. 44
(2011).
(2) Upon a verdict of a jury or a decision by the court allowing recovery only
of costs or a specified amount of money or denying all relief, the clerk shall
forthwith prepare, sign, and enter the judgment, unless the court orders
otherwise.
(3) Upon a verdict of a jury or a decision by the court granting other relief,
the court shall promptly review the form of the judgment presented and, if
approved, sign it, and the clerk shall forthwith enter the judgment as approved
and signed.
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RULE 2-601
(4) A judgment is effective only when so set forth and when entered as
provided in section (b) of this Rule.
(5) Unless the court orders otherwise, entry of the judgment shall not be
delayed pending determination of the amount of costs.
Committee note: The judgment document need not include the amount of
costs but only which party or parties are to be charged with them. If the
prevailing party is to be allowed costs, it will suffice to state in the document
that the judgment is in favor of that party “with costs.”
(6) When a money judgment is awarded in an action commenced on or after
October 1, 2025, the court shall state whether the complaint indicated that a
money judgment for medical debt was sought.
Cross reference: See Code, Courts Article, § 11-402(b) for the requirement to
indicate whether a money judgment is sought for medical debt. See Code, Real
Property Article, § 14-203.1 for the definition of “medical debt.”
···
10
RULE 2-643
MARYLAND RULES OF PROCEDURE
TITLE 2 – CIVIL PROCEDURE – CIRCUIT COURT
CHAPTER 600 – JUDGMENT
AMEND Rule 2-643 by clarifying in section (c) when the court shall
release property from levy and when the court may release property from levy;
by creating new subsection (d)(1) consisting of the current language of section
(d), with amendments; by setting forth in subsection (d)(1) when the court may
proceed without a hearing; by adding new subsection (d)(2) governing
immediate release of cash in deposit accounts totaling $6,000 or less; by
clarifying the hearing requirement in section (f); and by making stylistic
changes, as follows:
Rule 2-643. RELEASE OF PROPERTY FROM LEVY
(a) Upon Satisfaction of Judgment
Property is released from a levy when the judgment has been entered as
satisfied and the costs of the enforcement proceedings have been paid.
(b) Upon Posting Bond
The judgment debtor may also obtain release of property from a levy by
filing a bond in an amount sufficient to satisfy the judgment and enforcement
costs.
(c) Upon Motion of Judgment Debtor
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RULE 2-643
Upon motion of the judgment debtor, the court may (1) shall release some
or all of the property from a levy if it finds that (1) the judgment has been
vacated, has expired, or has been satisfied, (2) or the property is exempt from
levy, and (2) may release some or all of the property from a levy if it finds that:
(3)(A) the judgment creditor has failed to comply with these rules or an order
of court regarding the enforcement proceedings,
(4)(B) property sufficient in value to satisfy the judgment and enforcement
costs will remain under the levy after the release,
(5)(C) the levy upon the specific property will cause undue hardship to the
judgment debtor and the judgment debtor has delivered to the sheriff or made
available for levy alternative property sufficient in value to satisfy the judgment
and enforcement costs, or
(6)(D) the levy has existed for 120 days without sale of the property, unless
the court for good cause extends the time.
The motion and any response to the motion may be accompanied by a request
for court review of the sheriff's appraisal made at the time of the levy.
(d) Upon Election of Exemption by Judgment Debtor
(1) Generally
By motion filed within 30 days after a levy, the judgment debtor may
elect to exempt from execution of the judgment selected items of property or
cash not exceeding in amount the cumulative value permitted by law. The
motion and any response to the motion may be accompanied by a request for
court review of the sheriff's appraisal made at the time of the levy. If
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RULE 2-643
subsection (d)(2) of this Rule is applicable, or if no party timely files a response
to the motion or request for a hearing, the court may proceed without a
hearing. The court promptly shall release from the levy items of cash or
property selected by the debtor to the extent required by law. Promptly upon
receipt of an order of release from the levy, the person in possession of the
property shall comply.
(2) Release of Funds in Deposit Accounts Totaling $6,000 or Less
If, by motion filed pursuant to subsection (d)(1) of this Rule, the
judgment debtor elects up to the maximum exemption permitted by Code,
Courts Article, § 11-504(b)(6) for deposit accounts listed in the motion, the
court, no later than ten days after the motion was filed, and without holding a
hearing or awaiting a response from the judgment creditor, shall order the
prompt release from the levy of aggregate account funds totaling $6,000 or
less, provided that the record reflects that this exemption has not already been
exhausted.
(e) Upon Claim of a Third Person
A person other than the judgment debtor who claims an interest in
property under levy may file a motion requesting that the property be released.
The motion shall be served on the judgment creditor and, if reasonably feasible,
on the judgment debtor. If the judgment debtor is not served and does not
voluntarily appear, the claimant shall file an affidavit showing that reasonable
efforts have been made to ascertain the whereabouts of the judgment debtor
and to provide the judgment debtor with notice of the motion. The court may
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RULE 2-643
require further attempts to notify the judgment debtor. The judgment creditor
or the judgment debtor may file a response to the motion.
(f) Hearing
A party desiring a hearing on a motion filed pursuant to this Rule shall so
request pursuant to Rule 2-311 (f) and, if requested, a hearing. If the party is
entitled to a hearing, it shall be held promptly.
Source: This Rule is derived as follows:
Section (a) is new.
Section (b) is derived from former Rule G51.
Section (c) is derived from former Rule G51.
Section (d) is new.
Section (e) is new.
Section (f) is new.
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RULE 2-645
MARYLAND RULES OF PROCEDURE
TITLE 2 – CIVIL PROCEDURE – CIRCUIT COURT
CHAPTER 600 – JUDGMENT
AMEND Rule 2-645 by adding a reference to a certain statutory
exemption in subsection (c)(4) and by making stylistic changes, as follows:
Rule 2-645. GARNISHMENT OF PROPERTY – GENERALLY
···
(c) Content
The writ of garnishment shall:
(1) contain the information in the request, the name and address of the
person requesting the writ, and the date of issue,;
(2) direct the garnishee to hold, subject to further proceedings or to
termination of the writ, the property of each judgment debtor in the possession
of the garnishee at the time of service of the writ and all property of each debtor
that may come into the garnishee's possession after service of the writ,;
(3) notify the garnishee of the time within which the answer must be filed
and that the failure to do so may result in judgment by default against the
garnishee,;
(4) notify the judgment debtor and garnishee that federal and state
exemptions may be available, and that up to an aggregate amount of $500 in
deposit accounts of the debtor held by a depository institution pursuant to
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RULE 2-645
Code, Courts Article, § 11-504 is exempt from execution without the necessity
of an election by the debtor;
(5) notify the judgment debtor of the right to contest the garnishment by
filing a motion asserting a defense or objection,; and
(6) notify the judgment debtor that, if the garnishee files an answer pursuant
to section (e) of this Rule and no further filings concerning the writ of
garnishment are made with the court within 120 days following the filing of the
answer, the garnishee may file a notice of intent to terminate the writ of
garnishment pursuant to subsection (k)(2) of this Rule.
Committee note: A writ of garnishment may direct a garnishee to hold the
property of more than one judgment debtor if the name and address of each
judgment debtor whose property is sought to be attached is stated in the writ.
···
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RULE 3-305
MARYLAND RULES OF PROCEDURE
TITLE 3 – CIVIL PROCEDURE – DISTRICT COURT
CHAPTER 300 – PLEADINGS AND MOTIONS
AMEND Rule 3-305 by creating new section (a) consisting of the current
Rule, by creating new section (b) pertaining to money judgments for medical
debt, and by adding to the cross reference at the end of the Rule, as follows:
Rule 3-305. CLAIMS FOR RELIEF
(a) Generally
A pleading that sets forth a claim for relief, whether an original claim,
counterclaim, cross-claim, or third-party claim, shall contain a clear statement
of the facts necessary to constitute a cause of action and a demand for
judgment for the relief sought. Relief in the alternative or of several different
types may be demanded.
(b) Medical Debt
If a demand for money judgment seeks payment of medical debt as
defined by Code, Real Property Article, § 14-203.1, the complaint shall (1)
indicate that the judgment sought is for medical debt and (2) state the address
of the primary residence of the defendant.
Cross reference: See Code, Courts Article, § 11-402(b) for pleading
requirements for a complaint seeking judgment for medical debt. For pleading
requirements and other procedures when attorneys' fees are claimed, see Rule
3-741.
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RULE 3-305
Source: This Rule is derived from former M.D.R. 301 a (ii) and the 1966
version of Fed. R. Civ. P. 8 (a).
18
RULE 3-505
MARYLAND RULES OF PROCEDURE
TITLE 3 – CIVIL PROCEDURE – DISTRICT COURT
CHAPTER 500 – TRIAL
AMEND Rule 3-505 by adding a reference to Rule 1-315 in section (a)
and by making stylistic changes, as follows:
Rule 3-505. DISQUALIFICATION OF JUDGE
(a) Request for Recusal
A party who believes asserting that a fair and impartial trial cannot be
had before the judge to whom the action has been assigned may request that
judge’s recusal of that judge pursuant to Rule 1-315. If the judge grants the
request, the action shall be reassigned by the administrative judge of the
district or a person designated by the administrative judge.
(b) Motion and Affidavit
Without a request for recusal, or upon denial of a request by the assigned
judge, a party may at any time before trial file a motion for reassignment with
the administrative judge of the district or, if the assigned judge is the
administrative judge of the district, with the Chief Judge of the District Court.
The motion shall be accompanied by an affidavit alleging that the party cannot
receive a fair and impartial trial before the assigned judge and setting forth
reasonable grounds for the allegation. If the motion is granted, the action shall
be reassigned.
(c) Further Reassignment by Another Party
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RULE 3-505
When an action is reassigned upon motion of one party, any other party
may obtain further reassignment pursuant to this Rule.
Source: This Rule is derived from former M.D.R. 542.
20
RULE 3-601
MARYLAND RULES OF PROCEDURE
TITLE 3 – CIVIL PROCEDURE – DISTRICT COURT
CHAPTER 600 – JUDGMENT
AMEND Rule 3-601 by adding a requirement to section (a) that the court
take certain steps when entering a money judgment where the complaint
indicated that the judgment is for medical debt and by adding a cross reference
after section (a), as follows:
Rule 3-601. ENTRY OF JUDGMENT
(a) When Entered
Upon a decision by the court denying or granting relief, the court shall
enter the judgment promptly. When a money judgment is awarded in an action
commenced on or after October 1, 2025, the court shall state whether the
complaint indicated that a money judgment for medical debt was sought.
Cross reference: See Code, Courts Article, § 11-402(b) for the requirement to
indicate whether a money judgment is sought for medical debt. See Code, Real
Property Article, § 14-203.1 for the definition of “medical debt.”
···
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RULE 3-621
MARYLAND RULES OF PROCEDURE
TITLE 3 – CIVIL PROCEDURE – DISTRICT COURT
CHAPTER 600 – JUDGMENT
AMEND Rule 3-621 by adding an exception to section (b) and by adding
a Committee note at the end of the Rule, as follows:
Rule 3-621. LIEN OF MONEY JUDGMENT
(a) Generally
A money judgment constitutes a lien in the amount of the judgment and
post-judgment interest on the judgment debtor's interest in land located in a
county, except as provided by law, only in accordance with this Rule.
(b) In Baltimore City
In Except as provided in Code, Real Property Article, § 14-203.1, in
Baltimore City a money judgment, when recorded and indexed pursuant to
Rule 3-601 (d), constitutes a lien from the date of entry if entered in Baltimore
City, or from the date of recording if received from another county.
(c) In Counties Other Than Baltimore City
(1) Notice of Lien
A person holding a money judgment entered in a county other than
Baltimore City may file with the clerk of the court of entry a request that a
certified Notice of Lien of Judgment be transmitted for recording to the clerk of
the circuit court for that county or any other county. Within 24 hours after the
filing of the request, the clerk shall transmit the Notice of Lien. If the Notice of
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RULE 3-621
Lien is transmitted to another county, the clerk at the same time shall transmit
a certified copy of the judgment to the clerk of the District Court sitting in that
county. The clerk shall maintain a record of all transmittals.
(2) Content of Notice
A Notice of Lien shall contain: (A) the names of the parties, designating
each judgment creditor as a plaintiff and each judgment debtor as a defendant;
(B) the name of the court and assigned docket reference; (C) the date of the
judgment; and (D) the amount of the judgment.
(3) Date of Lien
When a Notice of Lien is recorded and indexed in the circuit court, the
judgment constitutes a lien from the date of recording.
Committee note: A judgment for medical debt in an action commenced on or
after October 1, 2025 does not constitute a lien on owner-occupied residential
property as defined by Code, Real Property Article, § 7-105.1. See Code, Courts
Article, § 11-402(b) and Code, Real Property Article, § 14-203.1.
Source: This Rule is derived as follows:
Section (a) is derived from former M.D.R. 620 b.
Section (b) is derived from former M.D.R. 620 c.
Section (c) is derived from former M.D.R. 621 b and c.
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RULE 3-643
MARYLAND RULES OF PROCEDURE
TITLE 3 – CIVIL PROCEDURE – DISTRICT COURT
CHAPTER 600 – JUDGMENT
AMEND Rule 3-643 by clarifying in section (c) when the court shall
release property from levy and when the court may release property from levy;
by creating new subsection (d)(1) consisting of the current language of section
(d), with amendments; by setting forth in subsection (d)(1) when the court may
proceed without a hearing; by adding new subsection (d)(2) governing
immediate release of cash in deposit accounts totaling $6,000 or less; by
clarifying the hearing requirement in section (f); and by making stylistic
changes, as follows:
Rule 3-643. RELEASE OF PROPERTY FROM LEVY
(a) Upon Satisfaction of Judgment
Property is released from a levy when the judgment has been entered as
satisfied and the costs of the enforcement proceedings have been paid.
(b) Upon Posting Bond
The judgment debtor may also obtain release of property from a levy by
filing a bond in an amount sufficient to satisfy the judgment and enforcement
costs.
(c) Upon Motion of Judgment Debtor
Upon motion of the judgment debtor, the court may (1) shall release some
or all of the property from a levy if it finds that (1) the judgment has been
24
RULE 3-643
vacated, has expired, or has been satisfied, (2) or the property is exempt from
levy, and (2) may release some or all of the property from a levy if it finds that:
(3)(A) the judgment creditor has failed to comply with these rules or an order
of court regarding the enforcement proceedings,
(4)(B) property sufficient in value to satisfy the judgment and enforcement
costs will remain under the levy after the release,
(5)(C) the levy upon the specific property will cause undue hardship to the
judgment debtor and the judgment debtor has delivered to the sheriff or made
available for levy alternative property sufficient in value to satisfy the judgment
and enforcement costs, or
(6)(D) the levy has existed for 120 days without sale of the property, unless
the court for good cause extends the time.
The motion and any response to the motion may be accompanied by a request
for court review of the sheriff's appraisal made at the time of the levy.
(d) Upon Election of Exemption by Judgment Debtor
(1) Generally
By motion filed within 30 days after a levy, the judgment debtor may
elect to exempt from execution of the judgment selected items of property or
cash not exceeding in amount the cumulative value permitted by law. The
motion and any response to the motion may be accompanied by a request for
court review of the sheriff's appraisal made at the time of the levy. If
subsection (d)(2) of this Rule is applicable, or if no party timely files a response
to the motion or request for a hearing, the court may proceed without a
25
RULE 3-643
hearing. The court promptly shall release from the levy items of cash or
property selected by the debtor to the extent required by law. Promptly upon
receipt of an order of release from the levy, the person in possession of the
property shall comply.
(2) Release of Funds in Deposit Accounts Totaling $6,000 or Less
If, by motion filed pursuant to subsection (d)(1) of this Rule, the
judgment debtor elects up to the maximum exemption permitted by Code,
Courts Article, § 11-504(b)(6) for deposit accounts listed in the motion, the
court, no later than ten days after the motion was filed, and without holding a
hearing or awaiting a response from the judgment creditor, shall order the
prompt release from the levy of aggregate account funds totaling $6,000 or
less, provided that the record reflects that this exemption has not already been
exhausted.
(e) Upon Claim of a Third Person
A person other than the judgment debtor who claims an interest in
property under levy may file a motion requesting that the property be released.
The motion shall be served on the judgment creditor and, if reasonably feasible,
on the judgment debtor. If the judgment debtor is not served and does not
voluntarily appear, the claimant shall file an affidavit showing that reasonable
efforts have been made to ascertain the whereabouts of the judgment debtor
and to provide the judgment debtor with notice of the motion. The court may
require further attempts to notify the judgment debtor. The judgment creditor
or the judgment debtor may file a response to the motion.
26
RULE 3-643
(f) Hearing
A party desiring a hearing on a motion filed pursuant to this Rule shall so
request pursuant to Rule 2-311 (f) and, if requested, a hearing. If a party is
entitled to a hearing, it shall be held promptly.
Source: This Rule is derived as follows:
Section (a) is new.
Section (b) is derived from former M.D.R. G51.
Section (c) is derived from former M.D.R. G51.
Section (d) is new.
Section (e) is new.
Section (f) is new.
27
RULE 3-645
MARYLAND RULES OF PROCEDURE
TITLE 3 – CIVIL PROCEDURE – DISTRICT COURT
CHAPTER 600 – JUDGMENT
AMEND Rule 3-645 by adding a reference to a certain statutory
exemption in subsection (c)(4) and by making stylistic changes, as follows:
Rule 3-645. GARNISHMENT OF PROPERTY – GENERALLY
···
(c) Content
The writ of garnishment shall:
(1) contain the information in the request, the name and address of the
person requesting the writ, and the date of issue,;
(2) direct the garnishee to hold, subject to further proceedings or to
termination of the writ, the property of each judgment debtor in the possession
of the garnishee at the time of service of the writ and all property of each debtor
that may come into the garnishee's possession after service of the writ,;
(3) notify the garnishee of the time within which the answer must be filed
and that the failure to do so may result in judgment by default against the
garnishee,;
(4) notify the judgment debtor and garnishee that federal and state
exemptions may be available, and that up to an aggregate amount of $500 in
deposit accounts of the debtor held by a depository institution pursuant to
28
RULE 3-645
Code, Courts Article, § 11-504 is exempt from execution without the necessity
of an election by the debtor;
(5) notify the judgment debtor of the right to contest the garnishment by
filing a motion asserting a defense or objection,; and
(6) notify the judgment debtor that, if the garnishee files an answer pursuant
to section (e) of this Rule and no further filings concerning the writ of
garnishment are made with the court within 120 days following the filing of the
answer, the garnishee may file a notice of intent to terminate the writ of
garnishment pursuant to subsection (k)(2) of this Rule.
Committee note: A writ of garnishment may direct a garnishee to hold the
property of more than one judgment debtor if the name and address of each
judgment debtor whose property is sought to be attached is stated in the writ.
···
29
RULE 4-215
MARYLAND RULES OF PROCEDURE
TITLE 4 – CRIMINAL CAUSES
CHAPTER 200 – PRETRIAL PROCEDURES
AMEND Rule 4-215 by adding to the cross reference at the end of the
Rule and by making a stylistic change, as follows:
Rule 4-215. WAIVER OF COUNSEL
(a) First Appearance in Court Without Counsel
At the defendant’s first appearance in court without counsel, or when the
defendant appears in the District Court without counsel, demands a jury trial,
and the record does not disclose prior compliance with this section by a judge,
the court shall:
(1) Make certain that the defendant has received a copy of the charging
document containing notice as to the right to counsel.
(2) Inform the defendant of the right to counsel and of the importance of
assistance of counsel.
(3) Advise the defendant of the nature of the charges in the charging
document, and the allowable penalties, including mandatory penalties, if any.
(4) Conduct a waiver inquiry pursuant to section (b) of this Rule if the
defendant indicates a desire to waive counsel.
(5) If trial is to be conducted on a subsequent date, advise the defendant
that if the defendant appears for trial without counsel, the court could
determine that the defendant waived counsel and proceed to trial with the
30
RULE 4-215
defendant unrepresented by counsel.
(6) If the defendant is charged with an offense that carries a penalty of
incarceration, determine whether the defendant had appeared before a judicial
officer for an initial appearance pursuant to Rule 4-213 or a hearing pursuant
to Rule 4-216 and, if so, that the record of such proceeding shows that the
defendant was advised of the right to counsel.
The clerk shall note compliance with this section in the file or on the docket.
(b) Express Waiver of Counsel
If a defendant who is not represented by counsel indicates a desire to
waive counsel, the court may not accept the waiver until after an examination
of the defendant on the record conducted by the court, the State’s Attorney, or
both, the court determines and announces on the record that the defendant is
knowingly and voluntarily waiving the right to counsel. If the file or docket
does not reflect compliance with section (a) of this Rule, the court shall comply
with that section as part of the waiver inquiry. The court shall ensure that
compliance with this section is noted in the file or on the docket. At any
subsequent appearance of the defendant before the court, the docket or file
notation of compliance shall be prima facie proof of the defendant’s express
waiver of counsel. After there has been an express waiver, no postponement of
a scheduled trial or hearing date will be granted to obtain counsel unless the
court finds it is in the interest of justice to do so.
(c) Waiver by Inaction—District Court
In the District Court, if the defendant appears on the date set for trial
31
RULE 4-215
without counsel and indicates a desire to have counsel, the court shall permit
the defendant to explain the appearance without counsel. If the court finds
that there is a meritorious reason for the defendant’s appearance without
counsel, the court shall continue the action to a later time, comply with section
(a) of this Rule, if the record does not show prior compliance, and advise the
defendant that if counsel does not enter an appearance by that time, the action
will proceed to trial with the defendant unrepresented by counsel. If the court
finds that there is no meritorious reason for the defendant’s appearance
without counsel, the court may determine that the defendant has waived
counsel by failing or refusing to obtain counsel and may proceed with the trial
only if (1) the defendant received a copy of the charging document containing
the notice as to the right to counsel and (2) the defendant either (A) is charged
with an offense that is not punishable by a fine exceeding five hundred dollars
or by imprisonment, or (B) appeared before a judicial officer of the District
Court pursuant to Rule 4-213 (a) or (b) or before the court pursuant to section
(a) of this Rule and was given the required advice.
(d) Waiver by Inaction—Circuit Court
If a defendant appears in circuit court without counsel on the date set for
hearing or trial, indicates a desire to have counsel, and the record shows
compliance with section (a) of this Rule, either in a previous appearance in the
circuit court or in an appearance in the District Court in a case in which the
defendant demanded a jury trial, the court shall permit the defendant to
explain the appearance without counsel. If the court finds that there is a
32
RULE 4-215
meritorious reason for the defendant’s appearance without counsel, the court
shall continue the action to a later time and advise the defendant that if
counsel does not enter an appearance by that time, the action will proceed to
trial with the defendant unrepresented by counsel. If the court finds that there
is no meritorious reason for the defendant’s appearance without counsel, the
court may determine that the defendant has waived counsel by failing or
refusing to obtain counsel and may proceed with the hearing or trial.
(e) Discharge of Counsel—Waiver
If a defendant requests permission to discharge an attorney whose
appearance has been entered, the court shall permit the defendant to explain
the reasons for the request. If the court finds that there is a meritorious
reason for the defendant’s request, the court shall permit the discharge of
counsel; continue the action if necessary; and advise the defendant that if new
counsel does not enter an appearance by the next scheduled trial date, the
action will proceed to trial with the defendant unrepresented by counsel.
If the court finds no meritorious reason for the defendant’s request, the court
may not permit the discharge of counsel without first informing the defendant
that the trial will proceed as scheduled with the defendant unrepresented by
counsel if the defendant discharges counsel and does not have new counsel. If
the court permits the defendant to discharge counsel, it shall comply with
subsections (a)(1) (4) (a)(1) through (a)(4) of this Rule if the docket or file does
not reflect prior compliance.
Cross reference: See Rule 4-213.1 with respect to waiver of the right to an
attorney at an initial appearance before a judge and Rule 4-216.2 (b) with
33
RULE 4-215
respect to waiver of the right to an attorney at a hearing to review a pretrial
release decision of a commissioner. See Dykes v. State, 444 Md. 642 (2015)
and State v. Westray, 444 Md. 672 (2015) pertaining to discharge of appointed
counsel. See Goodrich v. State, 492 Md. 480 (2025) pertaining to requests for
self-representation. See Code, Criminal Procedure Article, § 16-213 with
respect to appointment of an attorney other than through the Office of the
Public Defender.
Source: This Rule is derived as follows:
Section (a) is derived from former Rule 723 b 1, 2, 3 and 7 and c 1.
Section (b) is derived from former Rule 723.
Section (c) is in part derived from former M.D.R. 726 and in part new.
Section (d) is derived from the first sentence of former M.D.R. 726 d.
Section (e) is new.
34
RULE 4-508.1
MARYLAND RULES OF PROCEDURE
TITLE 4 – CRIMINAL CAUSES
CHAPTER 500 – EXPUNGEMENT OF RECORDS
AMEND Rule 4-508.1 by updating a cross reference after section (d), as
follows:
Rule 4-508.1. EXPUNGEMENT BY OPERATION OF LAW
...
(d) Compliance by Custodians
Not later than ten days after the effective date of the expungement stated
in the notice, each custodian shall expunge all records subject to the
expungement.
Cross reference: See Code, Criminal Procedure Article, § 10 101(e) 10-101(f)
for methods of expungement.
Source: This Rule is new.
35
RULE 4-512
MARYLAND RULES OF PROCEDURE
TITLE 4 – CRIMINAL CAUSES
CHAPTER 500 – EXPUNGEMENT OF RECORDS
AMEND Rule 4-512 by updating a cross reference after section (e), as
follows:
Rule 4-512. DISPOSITION OF EXPUNGED RECORDS
...
(e) Storage in Denied Access Area on Premises – Prohibition on Transfer
All expunged records shall be filed and maintained by the clerk in
numerical sequence by docket or case file number, together with the Index of
Expunged Records, in one or more locked filing cabinets to be located on the
premises of the clerk's office but in a separate secure area to which the public
and other persons having no legitimate reason for being there are denied
access. Expunged records shall not be transferred to any Hall of Records
facility.
Cross reference: Code, Criminal Procedure Article, § 10 101(e) 10-101(f).
...
36
RULE 6-121
MARYLAND RULES OF PROCEDURE
TITLE 6 – SETTLEMENT OF DECEDENTS’ ESTATES
CHAPTER 100 – GENERAL PROVISIONS
AMEND Rule 6-121 by adding new subsections (b)(1), (b)(2), and (b)(3)
pertaining to formatting requirements, by adding new subsection (c)(1)
pertaining to forms, by adding a cross reference and Committee note following
section (c), and by making stylistic changes, as follows:
Rule 6-121. FORM OF COURT PAPERS
(a) Caption
Unless a rule Rule in this Title specifies a different form of caption, all
papers filed with the court or the register Register of Wills shall be
appropriately captioned as follows:
IN THE ORPHANS' COURT
(OR)
BEFORE THE REGISTER OF WILLS
FOR
______________________, MARYLAND
IN THE ESTATE
OF ___________
:
:
:
ESTATE NO. ________
(b) Legibility and Durability Requirements
(1) Legibility; Durability
37
RULE 6-121
A paper and the writing on it shall be of permanent quality and the
writing shall be legible.
(2) Size of Paper; Orientation
A paper filed shall be printed, typed, or handwritten on paper 8 ½ inches
wide and 11 inches long, in portrait orientation.
(3) Ink Color; Margins; One-sided Paper
A paper filed shall be printed, typed, or handwritten in black or blue ink,
shall have a margin of not less than one inch at the top, bottom, and each side
of the page, except that the page number may be written within the bottom
margin, and shall make use of only one side of the paper.
(4) Type; Font Size
A computer-generated paper prepared electronically and filed shall be
formatted in at least an eleven-point font size. A typewritten paper prepared
and filed shall be typed in at least a ten-point font size.
(c) Forms; Existing Documents
Sections (a) and (b) of this Rule do not apply to any (1) a form approved by
the Registers of Wills and posted on the Register of Wills’ website and (2) a
document already in existence which that is filed as an exhibit to a petition or
paper. However, they sections (a) and (b) do apply to any a document prepared
as an exhibit.
Committee note: Rule 6-108 (a) prohibits a Register of Wills from refusing to
accept for filing any paper on the ground that it is not in the form mandated by
a Rule in this Title. This includes the formatting requirements under sections
(b) and (c) of this Rule. An orphans’ court has the discretion, however, to
determine that a paper has been prepared in a manner insufficient for the
38
RULE 6-121
court to adequately review its contents, and order the filing party to file a
revised paper that complies with the provisions of section (b) of this Rule.
39
RULE 7-501
MARYLAND RULES OF PROCEDURE
TITLE 7 – APPELLATE AND OTHER JUDICIAL REVIEW IN CIRCUIT COURT
CHAPTER 500 – APPEALS FROM THE ORPHANS’ COURT TO THE CIRCUIT
COURT
AMEND Rule 7-501 by adding the word “appealable” and by making a
stylistic change, as follows:
Rule 7-501. APPLICABILITY
The rules Rules in this Chapter govern appeals to a circuit court from a
judgment or appealable order of an orphans' court.
Committee note: In Harford County, Howard County, and Montgomery
County, direct appeal to the Appellate Court is the only method of appellate
review of a judgment of the Orphans' Court. See Code, Courts Article, § 12502. In all other jurisdictions, the appellant has the option of a direct appeal
to the Appellate Court or an appeal to the circuit court for the county.
Source: This Rule is new.
40
RULE 8-111
MARYLAND RULES OF PROCEDURE
TITLE 8 – APPELLATE REVIEW IN THE SUPREME COURT
AND THE APPELLATE COURT
CHAPTER 100 – GENERAL PROVISIONS
AMEND Rule 8-111 by moving the reference to Code, Criminal Procedure
Article § 11-103 from the end of subsection (c)(1) to the beginning of the
subsection, by deleting and adding certain language to subsection (c)(1)
regarding a victim’s right to appeal a final order, and by deleting a reference to
Rule 8-204 in subsection (c)(1), as follows:
Rule 8-111. DESIGNATION OF PARTIES; REFERENCES
(a) Formal Designation
(1) No Prior Appellate Decision
When no prior appellate decision has been rendered, the party first
appealing the decision of the trial court shall be designated the appellant and
the adverse party shall be designated the appellee. Unless the Court orders
otherwise, the opposing parties to a subsequently filed appeal shall be
designated the cross-appellant and cross-appellee.
(2) Prior Appellate Decision
In an appeal to the Supreme Court from a decision by the Appellate Court
or by a circuit court exercising appellate jurisdiction, the party seeking review
of the most recent decision shall be designated the petitioner and the adverse
party shall be designated the respondent. Except as otherwise specifically
41
RULE 8-111
provided or necessarily implied, the term “appellant” as used in the Rules in
this Title shall include a petitioner and the term “appellee” shall include a
respondent.
Cross reference: See Rule 8-305 for designation of parties in cases certified
pursuant to the Maryland Uniform Certification of Questions of Law Act.
(b) Alternative References
In the interest of clarity, the parties are encouraged to use the
designations used in the trial court, the actual names of the parties, or
descriptive terms such as “employer,” “insured,” “seller,” “husband,” and “wife”
in papers filed with the Court and in oral argument.
(c) Victims and Victims’ Representatives
Although not a party to a criminal or juvenile proceeding, a victim of a
crime or a delinquent act or a victim’s representative may: (1) under Code,
Criminal Procedure Article, § 11-103, file an application for leave to appeal to
the Appellate Court from an interlocutory or a final order or appeal to the
Appellate Court from a final order; under Code, Criminal Procedure Article, §
11 103 and Rule 8 204; or (2) participate in the same manner as a party
regarding the rights of the victim or victim’s representative.
Cross reference: See Rule 1-326 for service and notice to attorneys for victims
and victims’ representatives regarding the rights of victims and representatives.
Source: This Rule is derived as follows:
Section (a) is derived in part from former Rule 827 and in part new.
Section (b) is derived from Fed. R. App. P. 28 (d).
Section (c) is new.
42
RULE 8-301
MARYLAND RULES OF PROCEDURE
TITLE 8 – APPELLATE REVIEW IN THE SUPREME COURT
AND THE APPELLATE COURT
CHAPTER 300 – OBTAINING REVIEW IN THE SUPREME COURT
AMEND Rule 8-301 by deleting certain citations in the cross reference
following section (a), by adding a reference to Rule 8-306 in section (b), and by
deleting certain language in section (b), as follows:
Rule 8-301. METHOD OF SECURING REVIEW – THE SUPREME COURT
(a) Generally
Appellate review by the Supreme Court may be obtained only:
(1) by direct appeal where allowed by law;
(2) pursuant to the Maryland Uniform Certification of Questions of Law Act;
(3) by writ of certiorari upon petition filed pursuant to Rules 8-302 and 8303; or
(4) by writ of certiorari issued on the Court's own initiative.
Cross reference: For Code provisions governing direct appeals to the Supreme
Court, see Code, Election Law Article, § 12 203 concerning appeals from circuit
court decisions regarding contested elections; Code, Election Law Article, § 16
1004 concerning appeals from circuit court decisions regarding injunctive relief
sought for certain violations of election law; and Code, Financial Institutions
Article, § 9 712(d)(2) concerning appeals from circuit court decisions approving
transfer of assets of savings and loan associations. For the Maryland Uniform
Certification of Questions of Law Act, see Code, Courts Article, §§ 12-601
through 12-613. For the authority of the Court to issue a writ of certiorari on
its own initiative, see Code, Courts Article, § 12-201.
(b) Direct Appeals to Supreme Court
43
RULE 8-301
A direct appeal to the Supreme Court allowed by law is governed by the
other Rules of this Title applicable to appeals Rule 8-306, or by the law
authorizing the direct appeal. In the event of a conflict, the law authorizing the
direct appeal shall prevail. Except as otherwise required by necessary
implication, references in those Rules to the Appellate Court shall be regarded
as references to the Supreme Court.
(c) Certification of Questions of Law
Certification of questions of law to the Supreme Court pursuant to the
Maryland Uniform Certification of Questions of Law Act is governed by Rule 8305.
Source: This Rule is in part derived from Rule 810 and in part new.
44
RULE 8-305
MARYLAND RULES OF PROCEDURE
TITLE 8 – APPELLATE REVIEW IN THE SUPREME COURT
AND THE APPELLATE COURT
CHAPTER 300 – OBTAINING REVIEW IN THE SUPREME COURT
AMEND Rule 8-305 by replacing the word “original” with the word
“certification” in subsection (b)(3), by deleting the provision pertaining to the
filing fee for docketing regular appeals from subsection (b)(3), by adding a
provision to subsection (b)(3) permitting the electronic forwarding of a
certification order under certain circumstances, by adding new subsection
(c)(1) pertaining to actions to be taken by the Supreme Court, by adding new
subsection (c)(2) pertaining to the payment of fees, by adding new section (d)
pertaining to the use of MDEC and coordination with the certifying court, and
by making stylistic changes, as follows:
Rule 8-305.
CERTIFICATION OF QUESTIONS OF LAW TO THE SUPREME
COURT
(a) Certifying Court
“Certifying court” A “certifying court” as used in this Rule means a court
authorized by Code, Courts Article, § 12-603 to certify a question of law to the
Supreme Court of Maryland.
Committee note: Necessary implication requires that the definition of “court”
set forth in Rule 1-202 does not apply in this Rule.
(b) Certification Order
45
RULE 8-305
(1) Generally
In disposing of an action pending before it, a certifying court, on motion of
any party or on its own initiative, may submit to the Supreme Court a question
of law of this State, in accordance with the Maryland Uniform Certification of
Questions of Law Act, by filing a certification order.
(2) Contents of Order
The certification order shall be signed by a judge of the certifying court
and shall state the question of law submitted, state the relevant facts from
which the question arises, and the party who shall be treated as designate the
appellant in the certification procedure.
(3) Transmittal of Order to Supreme Court
The original certification order shall be forwarded to the Supreme Court
by the clerk of the certifying court under its official seal, together with the filing
fee for docketing regular appeals. By prior arrangement with the Clerk of the
Supreme Court, the certification order may be forwarded through electronic
mail or other electronic means.
(c) Proceeding in the Supreme Court
(1) Order Received by Supreme Court
Upon receipt of the certification order, the Supreme Court promptly shall
consider whether to accept or reject the certification.
(A) Order Rejected by Supreme Court
If the Supreme Court rejects the certification, the Clerk shall send notice
to the clerk of the certifying court.
46
RULE 8-305
(B) Order Accepted by Supreme Court
If the Supreme Court accepts the certification, the Clerk shall send
notice of acceptance to the clerk of the certifying court, docket the certification
as a miscellaneous matter, and send a copy of the notice and a briefing
schedule to the parties.
(2) Payment of Fees
Within 15 days after the Clerk sends notice of acceptance, the parties
shall deposit the filing fee for docketing an appeal with the Clerk of the
Supreme Court. Unless otherwise directed by the certifying court, each party
shall pay an equal share of the filing fee. The obligation to pay the filing fee
may be enforced by the certifying court or by the Supreme Court.
(3) Certification Order Equivalent of Transmission of Record
The filing of the certification order in the Supreme Court shall be the
equivalent of the transmission of a record on appeal. The Supreme Court may
request, in addition, all or any part of the record before the certifying court.
Upon request, the certifying court shall file the original or a copy of the parts of
the record requested together with a certificate, under the official seal of the
certifying court and signed by a judge or clerk of that court, stating that the
materials submitted are all the parts of the record requested by the Supreme
Court.
(d) Use of MDEC; Coordination with Certifying Court
(1) Use of MDEC During Pendency of Certification
47
RULE 8-305
The parties to the certified question will receive notices, orders, and other
papers from the Supreme Court and shall file all papers with the Supreme
Court through the MDEC system.
(2) Coordination with Certifying Court
By prior arrangement between the Clerk of the Supreme Court and the
clerk of the certifying court, notices, correspondence, and other papers,
including the written opinion of the Supreme Court, may be transmitted
between the Supreme Court and the certifying court through electronic mail or
other electronic means.
(d)(e) Decision by the Supreme Court
The written opinion of the Supreme Court stating the law governing the
question certified shall be sent by the Clerk of the Supreme Court to the
certifying court. The Clerk of the Supreme Court shall certify, under seal of the
Court, that the opinion is in response to the question of law of this State
submitted by the certifying court.
Cross reference: Code, Courts Article, §§ 12-601 through 12-609.
Source: This Rule is derived in part from former Rule 896 and is in part new.
48
RULE 8-306
MARYLAND RULES OF PROCEDURE
TITLE 8 – APPELLATE REVIEW IN THE SUPREME COURT
AND THE APPELLATE COURT
CHAPTER 300 – OBTAINING REVIEW IN THE SUPREME COURT
ADD new Rule 8-306, as follows:
Rule 8-306. DIRECT APPEAL TO THE SUPREME COURT
(a) Generally
In a matter in which a direct appeal to the Supreme Court is authorized by
statute or other law, and upon the filing of such a notice of appeal, the
Supreme Court may direct the lower court promptly to transmit the record and
may take any of the following actions allowed by law, with or without briefing
or oral argument:
(1) Dismiss the appeal pursuant to Rule 8-602;
(2) Affirm the judgment that is the source of the appeal;
(3) Vacate or reverse the judgment that is the source of the appeal; or
(4) Remand the appeal to the lower court to modify the judgment or for
proceedings as directed by order of the Supreme Court. The Supreme Court
may elect to retain appellate jurisdiction over an appeal in an order directing a
remand.
(b) Briefing; Oral Argument
(1) Briefing
49
RULE 8-306
After a review of the record, the Supreme Court may direct the parties to
brief the issues on appeal pursuant to Rules 8-503 and 8-504. An order from
the Supreme Court requiring briefs to be filed shall establish a time that
transcripts must be ordered by the parties and submitted to the Court.
(2) Submission; Oral Argument
After briefing is completed pursuant to subsection (b)(1) of this Rule, the
Supreme Court may decide the appeal based on the briefs submitted or may
schedule oral argument.
(c) Expedited Direct Appeals
The Supreme Court, as authorized by statute, other law, or on its own
initiative, may expedite the briefing, oral argument, and consideration of a
direct appeal considered under this Rule.
Cross reference: For examples of Code provisions governing direct appeal to
the Supreme Court of Maryland, see Code, Criminal Procedure Article, § 8-201
(Petition for DNA Testing and Preservation of Scientific Identification Evidence);
Code, Election Law Article, § 5-305 (Petitions Challenging Residency of
Candidate); Code, Election Law Article, § 6-209 (Judicial Review); Code,
Election Law Article, § 6-210 (Schedule of Process); Code, Election Law Article,
§ 9-209 (Judicial Review of Ballot); Code, Election Law Article, § 12-203 (Appeal
Proceedings); Code, Election Law Article, § 16-1004 (Injunction to Prohibit
Violation of § 16-201 of Election Law Title); Code, Financial Institutions Article,
§ 9-712 (Pledge, Transfer, or Sale of Assets); and Code, Public Utilities Article, §
7-528 (Effective Date of Qualified Rate Orders).
Source: This Rule is new.
50
RULE 8-422
MARYLAND RULES OF PROCEDURE
TITLE 8 – APPELLATE REVIEW IN THE SUPREME COURT AND THE
APPELLATE COURT
CHAPTER 400 – PRELIMINARY PROCEDURES
AMEND Rule 8-422 by correcting the cross reference after subsection
(a)(1) and by making a stylistic change, as follows:
Rule 8-422. STAY OF ENFORCEMENT OF JUDGMENT
(a) Civil Proceedings
(1) Generally
Stay of an order granting an injunction is governed by Rules 2-632 and
8-425. Except as otherwise provided in the Code or Rule 2-632, an appellant
may stay the enforcement of any other civil judgment from which an appeal is
taken by filing with the clerk of the lower court a supersedeas bond under Rule
8-423, alternative security as prescribed by Rule 1-402 (e), or other security as
provided in Rule 8-424. The bond or other security may be filed at any time
before satisfaction of the judgment, but enforcement shall be stayed only from
the time the security is filed.
Cross reference: For provisions permitting a stay without the filing of a bond,
see Code, Family Law Article, § 5-518 and Courts Article, § 12-701(a)(1). For
provisions limiting the extent of the stay upon the filing of a bond, see Code,
Alcoholic Beverages and Cannabis Article, § 4-908; Courts Article,
§ 12-701(a)(2); Insurance Article, § 2-215(j)(2); and Tax – Property Article,
§ 14-514. For general provisions governing bonds filed in civil actions, see Title
1, Chapter 400 of these Rules.
...
51
RULE 8-502
MARYLAND RULES OF PROCEDURE
TITLE 8 – APPELLATE REVIEW IN THE SUPREME COURT AND THE
APPELLATE COURT
CHAPTER 500 – RECORD EXTRACT, BRIEFS, AND ARGUMENT
AMEND Rule 8-502 by replacing “eight” with “five paper” in subsection
(c)(1), by deleting “eight copies of each” from subsection (c)(1), by adding
“paper” to subsection (c)(2), by replacing “two copies” with the phrase “Unless
otherwise agreed to by the parties, one paper copy” in subsection (c)(3), and by
making stylistic changes, as follows:
Rule 8-502. FILING OF BRIEFS
...
(c) Filing and Service
(1) Filing in Appellate Court
In an appeal to the Appellate Court, eight five paper copies of each brief
and eight five paper copies of each record extract shall be filed, unless
otherwise ordered by the court. Unless filing an informal brief pursuant to
subsection (a)(9) of this Rule, incarcerated or institutionalized parties who are
self-represented shall file eight five paper copies of each brief and eight five
paper copies of each record extract.
(2) Filing in Supreme Court
52
RULE 8-502
In the Supreme Court, eight paper copies of each brief and record extract
shall be filed, unless otherwise ordered by the court.
(3) Service on Parties
Two copies Unless otherwise agreed to by the parties, one paper copy of
each brief and record extract shall be served on each party pursuant to Rule 1321.
...
53
RULE 8-503
MARYLAND RULES OF PROCEDURE
TITLE 8 – APPELLATE REVIEW IN THE SUPREME COURT AND THE
APPELLATE COURT
CHAPTER 500 – RECORD EXTRACT, BRIEFS, AND ARGUMENT
AMEND Rule 8-503 by adding a reference to Rule 8-511 to subsection
(d)(4), by deleting the provision in subsection (d)(4)(B) pertaining to word counts
in amicus briefs supporting or opposing a petition for certiorari or other
extraordinary writ, and by adding new subsection (d)(5) pertaining to images
included in briefs, as follows:
Rule 8-503. STYLE AND FORM OF BRIEFS
(a) Numbering of Pages; Binding
The pages of a brief shall be consecutively numbered. The brief shall be
securely bound along the left margin.
(b) References
References (1) to the record extract, regardless of whether the record
extract is included as an attachment to the appellant's brief or filed as a
separate volume, shall be indicated as (E .......), (2) to any appendix to
appellant's brief shall be indicated as (App .......), (3) to an appendix to
appellee's brief shall be indicated as (Apx .......), (4) to an appendix to a reply
brief shall be indicated as (Rep. App .......), and (5) to an appendix to a crossappellant’s reply brief shall be indicated as (Cr. Apx …….). If the case falls
within an exception listed in Rule 8-501 (b), references to the transcript of
54
RULE 8-503
testimony contained in the record shall be indicated as (T .......) and other
references to the record shall be indicated as (R .......).
(c) Covers
A brief shall have a back and cover of the following color:
(1) In the Appellate Court:
(A) appellant's brief--yellow;
(B) appellee's brief--green;
(C) reply brief--light red;
(D) amicus curiae brief--gray;
(E) cross-appellant's reply brief--purple;
(F) briefs of incarcerated or institutionalized parties who are selfrepresented--white.
(2) In the Supreme Court:
(A) appellant's brief--white;
(B) appellee's brief--blue;
(C) reply brief--tan;
(D) amicus curiae brief--gray;
(E) cross-appellant’s reply brief--orange.
The cover page shall contain the name of the appellate court, the caption of
the case on appeal, and the case number on appeal, as well as the name,
address, telephone number, and e-mail address, if available, of at least one
attorney for a party represented by an attorney or of the party if not
represented by an attorney. If the appeal is from a decision of a trial court, the
55
RULE 8-503
cover page shall also name the trial court and each judge of that court whose
ruling is at issue in the appeal. The name typed or printed on the cover
constitutes a signature for purposes of Rule 1-311.
(d) Length
(1) Principal Briefs of Parties
Except as otherwise provided in section (e) of this Rule or with
permission of the Court, the principal brief of an appellant or appellee shall not
exceed 9,100 words in the Appellate Court or 13,000 words in the Supreme
Court. This limitation does not apply to (A) the table of contents and citations
required by Rule 8-504 (a)(1); (B) the information required by Rule 8-504
(a)(10); or (C) a Certification of Word Count and Compliance with Rule 8-112
required by Rule 8-504 (a)(9).
(2) Motion to Dismiss
Except with permission of the Court, any portion of a party's brief pertaining
to a motion to dismiss shall not exceed an additional 2,600 words in the
Appellate Court or 6,500 words in the Supreme Court.
(3) Reply Brief
Any reply brief shall not exceed 3,900 words in the Appellate Court or
6,500 words in the Supreme Court.
(4) Amicus Curiae Brief
Except with the permission of the Court, or as provided in Rule 8-511, an
amicus curiae brief:
(A) if filed in the Appellate Court, shall not exceed 3,900 words; and
56
RULE 8-503
(B) if filed in the Supreme Court, shall not exceed 6,500 words, except that
an amicus curiae brief supporting or opposing a petition for certiorari or other
extraordinary writ shall not exceed 3,900 words.
(5) Use of Images
Images shall be used in a brief only for demonstrative purposes and not
to avoid any word count limits.
(e) Briefs of Cross-Appellant and Cross-Appellee
In cases involving cross-appeals, the principal brief filed by the
appellee/cross-appellant shall not exceed 13,000 words. The reply brief filed
by the appellant/cross-appellee shall not exceed (1) 13,000 words in the
Supreme Court or (2) in the Appellate Court (A) 9,100 words if no reply to the
appellee's answer is included or (B) 13,000 words if a reply is included. The
reply brief filed by the cross-appellant shall not exceed 3,900 words in the
Appellate Court or 6,500 words in the Supreme Court.
(f) Incorporation by Reference
In a case involving more than one appellant or appellee, any appellant or
appellee may adopt by reference any part of the brief of another.
(g) Effect of Noncompliance
For noncompliance with this Rule, the appellate court may dismiss the
appeal or make any other appropriate order with respect to the case, including
an order that an improperly prepared brief be reproduced at the expense of the
attorney for the party for whom the brief was filed.
Source: This Rule is derived as follows:
Section (a) is derived from former Rules 831 a and 1031 a.
57
RULE 8-503
Section (b) is derived from former Rules 831 a and 1031 a.
Section (c) is derived from former Rules 831 a and 1031 a.
Section (d) is in part derived from Rule 831 b and 1031 b and in part new.
Section (e) is new.
Section (f) is derived from Fed. R. App. P. 28(i).
Section (g) is derived from former Rules 831 g and 1031 f.
58
RULE 8-504
MARYLAND RULES OF PROCEDURE
TITLE 8 – APPELLATE REVIEW IN THE SUPREME COURT AND THE
APPELLATE COURT
CHAPTER 500 – RECORD EXTRACT, BRIEFS, AND ARGUMENT
AMEND Rule 8-504 by adding a reference to new Rule 8-306 in
subsection (a)(8), as follows:
Rule 8-504. CONTENTS OF BRIEF
(a) Contents
A brief shall comply with the requirements of Rule 8-112 and include the
following items in the order listed:
(1) A table of contents and a table of citations of cases, constitutional
provisions, statutes, ordinances, rules, and regulations, with cases
alphabetically arranged. When a reported Maryland case is cited, the citation
shall include a reference to the official Report.
Cross reference: Citation of unreported opinions is governed by Rule 1-104.
(2) A brief statement of the case, indicating the nature of the case, the
course of the proceedings, and the disposition in the lower court, except that
the appellee's brief shall not contain a statement of the case unless the
appellee disagrees with the statement in the appellant's brief.
(3) A statement of the questions presented, separately numbered, indicating
the legal propositions involved and the questions of fact at issue expressed in
the terms and circumstances of the case without unnecessary detail.
59
RULE 8-504
(4) A clear concise statement of the facts material to a determination of the
questions presented, except that the appellee's brief shall contain a statement
of only those additional facts necessary to correct or amplify the statement in
the appellant's brief. Reference shall be made to the pages of the record extract
or appendix supporting the assertions. If pursuant to these rules or by leave of
court a record extract is not filed, reference shall be made to the pages of the
record or to the transcript of testimony as contained in the record.
Cross reference: Rule 8-111 (b).
(5) A concise statement of the applicable standard of review for each issue,
which may appear in the discussion of the issue or under a separate heading
placed before the argument.
(6) Argument in support of the party's position on each issue.
(7) A short conclusion stating the precise relief sought.
(8) In the Appellate Court, or on direct appeal to the Supreme Court
pursuant to Rule 8-306, a statement as to whether the party filing the brief
requests oral argument.
(9) If the brief is prepared with proportionally spaced type, a Certification of
Word Count and Compliance with Rule 8-112 substantially in the form set
forth in subsection (a)(9)(A) of this Rule. The party or amicus curiae providing
the certification may rely on the word count of the word-processing system
used to prepare the brief.
(A) Form
60
RULE 8-504
A Certification of Word Count and Compliance with Rule 8-112 shall be
substantially in the following form:
CERTIFICATION OF WORD COUNT AND COMPLIANCE WITH RULE 8-112
1. This brief contains _______________ words, excluding the parts of the brief
exempted from the word count by Rule 8-503.
2. This brief complies with the requirements stated in Rule 8-112.
(10) The citation and verbatim text of all pertinent constitutional provisions,
statutes, ordinances, rules, and regulations except that the appellee’s brief
shall contain only those not included in the appellant's brief.
(11) Unless filed as a separate document, a certificate of service in
compliance with Rule 1-323.
Cross reference: For requirements concerning the form of a brief, see Rule 8112.
...
61
RULE 8-523
MARYLAND RULES OF PROCEDURE
TITLE 8 – APPELLATE REVIEW IN THE SUPREME COURT AND THE
APPELLATE COURT
CHAPTER 500 – RECORD EXTRACT, BRIEFS, AND ARGUMENT
AMEND Rule 8-523 by adding a cross reference to new Rule 8-306
following subsection (a)(2), as follows:
Rule 8-523. CONSIDERATION ON BRIEF
(a) Submission on Brief by Party
(1) In the Appellate Court
In the Appellate Court, a party to a case the Court has scheduled for
argument may submit for consideration on brief by filing a notice with the
Clerk at least ten days prior to argument. Before filing a notice submitting on
brief, a party shall attempt to ascertain whether any other parties to the appeal
also will submit on brief and state the position of those other parties in the
notice. The Court may require oral argument from either side or both sides,
notwithstanding the submission on brief.
(2) In the Supreme Court
In the Supreme Court a party may not submit an appeal for
consideration on brief except with permission of the Court. A request to
submit on brief shall be made in writing at least 15 days before argument.
Cross reference: See Rule 8-306 (b)(2) governing submission on brief in direct
appeals to the Supreme Court.
62
RULE 8-523
(b) Directed by the Appellate Court
(1) When Directed
In the Appellate Court, if all the judges of the panel to which an appeal
has been assigned conclude, after the filing of the appellant's brief, that oral
argument would not be of assistance to the Court because of the nature of the
questions raised, the Court shall direct that the appeal be considered on brief
without oral argument. The Clerk shall promptly mail notice to all parties that
the Court has directed consideration of the appeal on brief.
(2) Request for Oral Argument
If pursuant to subsection (1) of this section the Court directs that an
appeal be considered on brief without oral argument, any party may file a
request for oral argument. The request shall be filed within ten days after the
later of (A) the date the Clerk mails the notice required by subsection (1) of this
section or (B) the date the appellee's brief is filed. If the Court grants the
request for oral argument, the appeal shall be assigned for argument pursuant
to Rule 8-521. Unless the Court specifies otherwise in its order granting the
request, oral argument shall be as provided in Rule 8-522.
Source: This Rule is derived from former Rules 846 d, 1047, and 1038.
63
RULE 9-102
MARYLAND RULES OF PROCEDURE
TITLE 9 – FAMILY LAW ACTIONS
CHAPTER 100 – ADOPTION; PRIVATE AGENCY GUARDIANSHIP
AMEND Rule 9-102 by adding a clarifying amendment in the cross
reference following section (a), as follows:
Rule 9-102. CONSENTS; REVOCATION OF CONSENT
(a) Consents Generally Required
Except when otherwise permitted, a judgment of adoption or guardianship
may not be entered without the consents prescribed by Code, Family Law
Article.
Cross reference: For provisions governing the authority to grant guardianships
or adoptions and the validity of consents, see Code, Family Law Article, §§ 5338 and 5-339 as to a Public Agency Adoption without Prior TPR; 5-350 and 5351 as to a Public Agency Adoption after TPR; 5-3A-18 and 5-3A-19 as to a
Private Agency Guardianship; 5-3A-35 as to a Private Agency Adoption; and 53B-20 and 5-3B-21 as to an Independent Adoption of a minor.
∙∙∙
64
RULE 9-103
MARYLAND RULES OF PROCEDURE
TITLE 9 – FAMILY LAW ACTIONS
CHAPTER 100 – ADOPTION; PRIVATE AGENCY GUARDIANSHIP
AMEND Rule 9-103 by adding new section (a) stating the applicability of
the Rule, by correcting a cross reference at the end of current section (b), and
by re-lettering sections (a) through (e) as (b) through (f), respectively, as follows:
Rule 9-103. PETITION
(a) Applicability
This Rule applies to a petition for:
(1) private agency guardianship;
(2) private agency adoption;
(3) public agency adoption without prior TPR;
(4) public agency adoption after TPR; and,
(5) independent adoption where the prospective adoptee is a minor.
Cross reference: See Rule 9-103.1 regarding a petition for independent
adoption when the prospective adoptee is an adult.
(a)(b) Titling of Case
A proceeding shall be titled “In re Adoption/Guardianship of
_______________” (first name and first initial of last name of prospective adoptee
or ward).
∙∙∙
(b)(c) Petition for Adoption
65
RULE 9-103
∙∙∙
Cross reference: Code, Health-General Article, § 4 211(f) 4-211(h).
(c)(d) Petition for Guardianship
∙∙∙
(d)(e) If Facts Unknown or Documents Unavailable
∙∙∙
(e)(f) Disclosure of Facts Known or Documents Available to Child Placement
Agency
∙∙∙
Source: This Rule is derived in part from former Rule D72, in part from former
Rule D80, and is in part new.
66
RULE 9-103.1
MARYLAND RULES OF PROCEDURE
TITLE 9 – FAMILY LAW ACTIONS
CHAPTER 100 – ADOPTION; PRIVATE AGENCY GUARDIANSHIP
ADD new Rule 9-103.1, as follows:
Rule 9-103.1. PETITION – ADOPTION OF ADULT
(a) Applicability
This Rule applies to a petition pursuant to Code, Family Law Article, Title
5, Subtitle 3B, when the prospective adoptee is an adult.
(b) Titling of Case
A proceeding shall be titled “In re Adoption of _______________” (first and
last name of prospective adoptee).
(c) Parties to the Petition
(1) Required
The petitioner and the prospective adoptee shall join in a petition for
adoption filed pursuant to this Rule.
(2) Permitted
If the petitioner is married or in a registered domestic partnership, the
spouse or domestic partner of the petitioner may join the petition.
Cross reference: See Code, Family Law Article, § 5-3B-13.
(d) Petition for Adoption
(1) Contents
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RULE 9-103.1
A petition shall be signed and verified by each petitioner and shall
contain the following information:
(A) The name, address, age, business or employment, and employer of each
petitioner, including the person to be adopted;
(B) The name, sex, and date and place of birth of the person to be adopted;
(C) The name, last known address, and age of each living parent of the
person to be adopted, including any individual who has been adjudicated to be
a de facto parent;
(D) Any relationship of the person to be adopted to each petitioner;
(E) The name, last known address, and age of each child of each petitioner,
including any children of the person to be adopted;
(F) If applicable, the name of each spouse or registered domestic partner of
each petitioner;
(G) Facts known to each petitioner that may indicate that any other
petitioner, including the person to be adopted, has a disability that makes that
individual incapable of participating effectively in the proceedings, or, if no
such facts are known to the petitioner, a statement to that effect;
(H) Facts known to each petitioner that may entitle the person to be
adopted to the appointment of an attorney by the court;
(I) If a petitioner desires to change the name of the person to be adopted:
(i) the name that is desired;
(ii) a certification that the petitioner is not requesting the name change for
any illegal or fraudulent purpose; and,
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RULE 9-103.1
(iii) whether the person to be adopted has ever registered or been required
to register as a sexual offender and, if so, each full name, including any suffix,
under which the individual was registered and each state where the
registration requirement originated; and
Cross reference: See Code, Criminal Procedure Article, § 11-705, which
requires a registered sexual offender whose name has been changed by order of
court to send written notice of the change to each law enforcement unit where
the registrant resides or habitually lives within three days after the order is
entered.
(J) As to each petitioner, a statement whether the petitioner has ever been
convicted of a crime other than a minor traffic violation and, if so, the offense
and the date and place of the conviction.
(2) Exhibits
The following documents shall accompany the petition as exhibits:
(A) A certified copy of the birth certificate of the person to be adopted;
(B) A certified copy of any court order adjudicating parentage, establishing
parental rights, or establishing an individual as a de facto parent of the person
to be adopted;
Cross reference: See Rule 20-106 (c)(3) regarding electronic filing of certain
original documents.
(C) A brief statement of the health of each petitioner, including the person
to be adopted, signed by a physician or other licensed health care provider if
applicable; and,
(D) If a change of name is sought and the current name of the person to be
adopted differs from the name shown on the person’s birth certificate,
69
RULE 9-103.1
documentation from which the court can find that the current name of the
person is as alleged.
(3) Other Documents
The following documents shall be filed before a judgment of adoption is
entered:
(A) A proposed judgment of adoption; and
(B) A Maryland Department of Health Certificate of Adoption Form.
Cross reference: Code, Health-General Article, § 4-211(h).
(e) If Facts Unknown or Documents Unavailable
If a fact required by subsection (d)(1) of this Rule is unknown to a
petitioner, or if a document required by subsection (d)(2) is unavailable, the
petitioner shall so state and provide the reason for the omission in the petition
or in a subsequent affidavit. If a document required to be submitted with the
petition becomes available after the petition is filed, the petitioner shall ensure
that the document is filed as soon as it becomes available.
Source: This Rule is new. It is derived in part from Rule 9-103.
70
RULE 9-105
MARYLAND RULES OF PROCEDURE
TITLE 9 – FAMILY LAW ACTIONS
CHAPTER 100 – ADOPTION; PRIVATE AGENCY GUARDIANSHIP
AMEND Rule 9-105 by updating a reference in the form in section (d), as
follows:
Rule 9-105. SHOW CAUSE ORDER; DISABILITY OF AN INDIVIDUAL; OTHER
NOTICE
∙∙∙
(d) Form of Show Cause Order
Except as provided in section (g) of this Rule, the show cause order shall
be substantially in the following form:
IMPORTANT
THIS IS A COURT ORDER. IF YOU DO NOT UNDERSTAND WHAT THE ORDER
SAYS, HAVE SOMEONE EXPLAIN IT TO YOU. YOUR RIGHT TO AN ATTORNEY
IS EXPLAINED IN PARAGRAPH 3 OF THIS ORDER. IF YOU DO NOT MAKE
SURE THAT THE COURT RECEIVES YOUR NOTICE OF OBJECTION ON OR
BEFORE THE DEADLINE STATED IN PARAGRAPH 2 OF THIS ORDER, YOU
HAVE AGREED TO A TERMINATION OF YOUR PARENTAL RIGHTS.
(Note to Drafter of Show Cause Order: For the form of the caption of the Show
Cause Order, see Rule 9-103 (a)(b).)
∙∙∙
71
RULE 9-107
MARYLAND RULES OF PROCEDURE
TITLE 9 – FAMILY LAW ACTIONS
CHAPTER 100 – ADOPTION; PRIVATE AGENCY GUARDIANSHIP
AMEND Rule 9-107 by adding a Committee note after section (a), as
follows:
Rule 9-107. OBJECTION
(a) In General
Any person having a right to participate in a proceeding for adoption or
guardianship may file a notice of objection to the adoption or guardianship.
The notice may include a statement of the reasons for the objection and a
request for the appointment of an attorney. The notice may be accompanied by
a request for access to case records.
Cross reference: See Rule 9-105 for Form of Notice of Objection.
Committee note: In an independent adoption where the prospective adoptee is
an adult, Code, Family Law Article, §§ 5-3B-15 and 5-3B-20 do not apply.
Because there is no requirement that the court issue a notice pursuant to Rule
9-104 or a show cause order pursuant to Rule 9-105, a living parent of the
prospective adoptee does not have a statutory right to file a notice of objection
to the adoption pursuant to Rule 9-107. Nothing in these Rules is intended to
preclude an individual who does not have a statutory right to participate in the
adult adoption proceedings, including a parent of the prospective adoptee, from
filing a motion to intervene pursuant to Rule 2-214.
∙∙∙
72
RULE 9-109
MARYLAND RULES OF PROCEDURE
TITLE 9 – FAMILY LAW ACTIONS
CHAPTER 100 – ADOPTION; PRIVATE AGENCY GUARDIANSHIP
AMEND Rule 9-109 by replacing “a guardianship” with “an adoption” in
subsection (a)(1), as follows:
Rule 9-109. HEARING ON MERITS
(a) Requirement
(1) Generally
The court shall hold a hearing and make findings on the record on the
merits of a guardianship an adoption petition as provided by Code, Family Law
Article:
(A) § 5-335 in a Public Agency Adoption without Prior TPR;
(B) § 5-347 in a Public Agency Adoption after TPR;
(C) § 5-3A-32 in a Private Agency Adoption; or
(D) § 5-3B-17 in an Independent Adoption.
(2) Guardianship
The court may hold a hearing on the merits of a consensual Private
Agency Guardianship petition.
···
73
RULE 9-111
MARYLAND RULES OF PROCEDURE
TITLE 9 – FAMILY LAW ACTIONS
CHAPTER 100 – ADOPTION; PRIVATE AGENCY GUARDIANSHIP
AMEND Rule 9-111 by adding new section (g) pertaining to notice of an
adoption of an adult, as follows:
Rule 9-111. JUDGMENT OF ADOPTION OR GUARDIANSHIP
(a) Time
The court may not enter a judgment of adoption or guardianship before
the time set forth in Code, Family Law Article:
(1) § 5-336 in a Public Agency Adoption without Prior TPR;
(2) § 5-348 in a Public Agency Adoption after TPR;
(3) § 5-3A-17 in a Private Agency Guardianship;
(4) § 5-3A-33 in a Private Agency Adoption; or
(5) § 5-3B-18 in an Independent Adoption.
(b) Information from Other Court
If a required consent indicates that any revocation of the consent must be
filed in a court other than the trial court, the trial court may not enter a
judgment of adoption or guardianship until it has obtained from the other
court a copy of all papers filed in connection with the consent or an affidavit of
the clerk of the other court that no papers were filed in connection with the
consent.
(c) Supplemental Report
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RULE 9-111
Before entering a judgment of adoption or guardianship, the court may
require a supplemental written report from the investigating officer or agency.
(d) Change of Name
If the name of the person adopted is changed, the judgment of adoption
shall state the new name of the person adopted and the names of the adopting
parents.
(e) Spouse or Registered Domestic Partner of Parent
If the adopting parent is the spouse or registered domestic partner of a
parent of the person to be adopted, the judgment shall specifically state
whether and to what extent the parental rights of the parent are affected.
(f) Judgments of Adoption – Recording
The clerk shall record each judgment of adoption entered by the juvenile
court pursuant to Code, Family Law Article, § 5-352 in the adoption records of
the circuit court for the county where the judgment was awarded.
(g) Notice of Adoption of Adult
In an independent adoption where the adoptee is an adult, the clerk shall
send a notice of the entry of a judgment of adoption to each living parent,
including each de facto parent, and each living adult child of the adoptee. The
notice shall be:
(1) sent by first-class mail to the last known address provided in the petition;
(2) include the caption and case number of the case; and
(3) include a statement that the judgment has the effect set forth in Code,
Family Law Article, § 5-3B-25.
75
RULE 9-111
Committee note: Any attempt to set aside a judgment of adoption by reason of
a procedural defect shall be filed with the court within one year following entry
of the judgment. See Code, Family Law Article, §§ 5-342 as to a Public Agency
Adoption without Prior TPR; 5-353 as to a Public Agency Adoption after TPR; 53A-37 as to a Private Agency Adoption; and 5-3B-26 as to an Independent
Adoption.
An adoptive relationship created by a judgment of adoption in another
jurisdiction shall be given full faith and credit by the courts of this State. See
Code, Family Law Article, §§ 5-305 as to a Public Agency Adoption without
Prior TPR; 5-305 as to a Public Agency Adoption after TPR; 5-3A-05 as to a
Private Agency Adoption; and 5-3B-04 as to an Independent Adoption.
For the legal effect of adoption of an adult, see Code, Family Law Article, §§ 5341 as to a Public Agency Adoption without Prior TPR; 5-352 as to a Public
Agency Adoption after TPR; 5-3A-36 as to a Private Agency Adoption; and 5-3B25 as to an Independent Adoption.
Source: This Rule is derived in part from former Rule D79 and former Rule 11501 (g) (2021) and is in part new.
76
RULE 9-112
MARYLAND RULES OF PROCEDURE
TITLE 9 – FAMILY LAW ACTIONS
CHAPTER 100 – ADOPTION; PRIVATE AGENCY GUARDIANSHIP
AMEND Rule 9-112 by creating new subsection (b)(1) with the current
language in section (b), by adding new subsection (b)(2) pertaining to adult
adoption records, by adding new subsection (c)(4) pertaining to judgments of
adoption for adult adoptees, and by making stylistic changes, as follows:
Rule 9-112. COURT RECORDS
(a) Party
For purposes of this Rule, “party” includes (1) a petitioner, (2) the
prospective adoptee, (3) in a Private Agency Guardianship or Private Agency
Adoption, the agency, and (4) in a Public Agency Adoption after TPR or Public
Agency Adoption without Prior TPR, the local department to which the
prospective adoptee is committed.
Committee note: Unless the prospective adoptee's parent is also a petitioner,
the parent is not a party to a proceeding under this Chapter except as provided
by Code, Family Law Article, § 5-301 in a Public Agency Adoption without Prior
TPR.
(b) Dockets and Indices
(1) Generally
The clerk shall keep separate dockets for (1)(A) adoption and guardianship
proceedings and (2)(B) revocations of consent to adoption or guardianship for
which there are no pending adoption or guardianship proceedings in that
77
RULE 9-112
county. These dockets are not open to inspection by any person except upon
order of court, but docket entries in a proceeding shall be open to inspection by
the parties to the proceeding. If the court maintains a non-electronic index to a
docket that is kept apart from the docket itself, the index shall be open to
public inspection.
(2) Adult Adoption Docket Entries
Docket entries in a proceeding for an independent adoption of a
prospective adoptee who is an adult shall be open to public inspection.
(c) Shielding and Sealing of Records
(1) Shielding of Records
All pleadings and other papers in adoption and guardianship proceedings
shall be shielded from public inspection when they are filed. Unless otherwise
ordered by the court, and subject to Rule 9-103 (e)(f) and subsection (c)(2) of
this Rule, pleadings and other papers shall be open to inspection by parties to
a proceeding. If a person files a notice of objection pursuant to Rule 9-107, the
person’s access to pleadings and papers filed in the proceeding is governed by
the court’s order entered pursuant to Rule 9-107 (f).
Cross reference: See Rule 16-914 (a), requiring denial of public inspection of
case records in actions for adoption, guardianship, or revocation of consent to
adoption or guardianship filed under this Chapter. See Rule 20-109
concerning remote access.
(2) Sealing of Records
(A) Guardianship Records
The case file for a guardianship proceeding shall be sealed and not open
to inspection by any person, including the parties, upon the later of (i) 30 days
78
RULE 9-112
after termination of the proceeding pursuant to Code, Family Law Article, § 53A-25 or, (ii) if an appeal is taken, dismissal of the appeal or exhaustion of
appellate review.
(B) Adoption Records
Except as otherwise provided in subsections (c)(3) and (c)(4) through
(c)(5) of this Rule, the case file for an adoption proceeding shall be sealed and
not open to inspection by any person, including the parties, upon the later of (i)
30 days after entry of a judgment of adoption or, (ii) if an appeal is taken,
dismissal of the appeal or exhaustion of appellate review. When an adoption
becomes final, the clerk shall send notice of that event to each person entitled
to notice.
Cross reference: See Code, Health-General Article, § 4-211, concerning the
amendment and replacement of birth certificates following adoption and the
requirement that the clerk transmit to the Maryland Department of Health a
report of adoption or revocation of adoption.
(3) Adoption Records Prior to June 1, 1947
If a final decree of adoption was entered before June 1, 1947 and the
record is not already sealed, the record may be sealed only on motion of a
party.
(4) Judgment of Adult Adoption
A judgment of adoption in an independent adoption of an adoptee who is
an adult at the time of the adoption shall be open to public inspection.
(4)(5) Inspection of Sealed Records
Sealed records of guardianship and adoption proceedings shall remain
sealed and not be open to inspection except upon order of court.
79
RULE 9-112
Cross reference: See Code, Family Law Article, Title 5, Subtitle 3, Part V;
Subtitle 3A, Part IV; and Subtitle 3B, Part III concerning access to records
relating to an adoptee.
Source: This Rule is derived from former Rule D80 a and c and is in part new.
80
RULE 9-204.1
MARYLAND RULES OF PROCEDURE
TITLE 9 – FAMILY LAW ACTIONS
CHAPTER 200 – DIVORCE, ANNULMENT, ALIMONY, CHILD SUPPORT, AND
CHILD CUSTODY
AMEND Rule 9-204.1 by clarifying in section (b) that parenting plan
documents may be provided either at or before the parties’ first appearance on
a decision-making or parenting time matter, by permitting the court in section
(b) to provide either paper or electronic copies of the documents to the parties,
by adding “exposure to” to subsection (c)(5), by adding “in determining how
best to serve the physical, developmental, and emotional needs of the child” to
subsection (c)(16), by adding a cross reference following section (c), and by
making a stylistic change, as follows:
Rule 9-204.1. PARENTING PLANS
(a) Definitions
The following definitions apply, except as expressly otherwise provided or
as necessary implication requires:
(1) Decision-Making Authority (Legal Custody)
Decision-Making Authority, also called legal custody, refers to how major
long-term decisions about a child's medical care, mental health, education,
religious training, and extracurricular activities are made.
(2) Parenting Plan
Parenting Plan means a written agreement about how parties will work
81
RULE 9-204.1
together to take care of a child.
(3) Parenting Time (Physical Custody)
Parenting Time, also called physical custody, refers to where a child lives
and the amount of time the child spends with each party.
(b) Introduction of Parenting Plan
At or before the parties' first appearance in court on a decision-making
authority or parenting time matter, the court shall provide to each party a
paper copy of the Maryland Parenting Plan Instructions and Maryland
Parenting Plan Tool and or direct them to an electronic version of these
documents. The court shall advise the parties that they may work separately,
together, or with a mediator to develop a parenting plan they believe is in the
best interest of their child.
(c) Best Interest of the Child
In determining what decision-making authority and parenting time
arrangement is in the best interest of the child, the parties may consider the
following factors:
(1) Stability and the foreseeable health and welfare of the child;
(2) Frequent, regular, and continuing contact with parties who can act in the
child's best interest;
(3) Whether and how parties who do not live together will share the rights
and responsibilities of raising the child;
(4) The child's relationship with each parties, any siblings, other relatives,
and individuals who are or may become important in the child's life;
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RULE 9-204.1
(5) The child's physical and emotional security and protection from exposure
to conflict and violence;
(6) The child's developmental needs, including physical safety, emotional
security, positive self-image, interpersonal skills, and intellectual and cognitive
growth;
(7) The day-to-day needs of the child, including education, socialization,
culture and religion, food, shelter, clothing, and mental and physical health;
(8) How to:
(A) place the child's needs above the parties’ needs;
(B) protect the child from the negative effects of any conflict between the
parties; and
(C) maintain the child's relationship with the parties, siblings, other
relatives, or other individuals who have or likely may have a significant
relationship with the child;
(9) Age of the child;
(10) Any military deployment of a party and its effect, if any, on the parentchild relationship;
(11) Any prior court orders or agreements;
(12) Each party's role and tasks related to the child and how, if at all, those
roles and tasks have changed;
(13) The location of each party's home as it relates to their the parties’ ability
to coordinate parenting time, school, and activities;
(14) The parties' relationship with each other, including:
83
RULE 9-204.1
(A) how they communicate with each other;
(B) whether they can co-parent without disrupting the child's social and
school life; and
(C) how the parties will resolve any disputes in the future without the need
for court intervention;
(15) The child's preference, if age-appropriate; and
(16) Any other factor deemed appropriate by the parties in determining how
best to serve the physical, developmental, and emotional needs of the child.
Cross reference: See Code, Family Law Article, § 9-201.
(d) No Agreement Reached
If the parties do not reach a comprehensive parenting plan, they shall
complete a Joint Statement of the Parties Concerning Decision-Making
Authority and Parenting Time pursuant to Md. Rule 9-204.2.
Source: This Rule is new.
84
RULE 9-204.2
MARYLAND RULES OF PROCEDURE
TITLE 9 – FAMILY LAW ACTIONS
CHAPTER 200 – DIVORCE, ANNULMENT, ALIMONY, CHILD SUPPORT, AND
CHILD CUSTODY
AMEND Rule 9-204.2 by altering the requirements when the court
reviews a joint statement in section (d), as follows:
Rule 9-204.2. JOINT STATEMENT OF THE PARTIES CONCERNING
DECISION-MAKING AUTHORITY AND PARENTING TIME
(a) When Required
If the parties are not able to reach a comprehensive parenting plan, the
parties shall file a Joint Statement of the Parties Concerning Decision-Making
Authority and Parenting Time.
Cross reference: For the authority of a mediator to assist the parties with the
completion of a Joint Statement, see Rule 9-205.
(b) Form of Joint Statement
The statement shall be substantially in the form approved by the State
Court Administrator, posted on the Judiciary website, and available in the
offices of the clerks of the circuit courts.
(c) Time for Filing; Procedure
The Joint Statement shall be filed at least ten days before any scheduled
settlement conference or if none, 20 days before the scheduled trial date or by
any other date fixed by the court. At least 30 days before the Joint Statement
85
RULE 9-204.2
is due to be filed, each party shall prepare and serve on the other party a
proposed Joint Statement in the form set forth in section (b) of this Rule. At
least 15 days before the Joint Statement is due, the plaintiff shall sign and
serve on the defendant for approval and signature a proposed Joint Statement
that fairly reflects the positions of the parties. The defendant shall timely file
the Joint Statement, which shall be signed by the defendant or shall be
accompanied by a written statement of the specific reasons why the defendant
did not sign.
(d) Review of Joint Statement
Prior to rendering its decision, the court shall consider the entire Joint
Statement. As to the provisions upon which the parties agree as well as those
upon which the court must decide, the court may consider shall address the
factors listed in Rule 9 204.1 (c) Code, Family Law Article, § 9-201(a) and
articulate its findings of fact on the record or in writing pursuant to Code,
Family Law Article, § 9-201(b).
(e) Sanctions
If a party willfully fails to comply with this Rule, the court, on motion or on
its own initiative, after the opportunity for a hearing, may enter any
appropriate order in regard to the noncompliance.
Committee note: Failure to comply with this Rule cannot be the basis upon
which to deny a party's request for decision-making authority or parenting
time.
86
RULE 9-206
MARYLAND RULES OF PROCEDURE
TITLE 9 – FAMILY LAW ACTIONS
CHAPTER 200 – DIVORCE, ANNULMENT, ALIMONY, CHILD SUPPORT, AND
CHILD CUSTODY
AMEND Rule 9-206 by adding new subsection (a)(1) defining “multifamily
adjustment”; by adding a Committee note following subsection (a)(1); by
renumbering current subsections (a)(1) and (a)(2) as (a)(2) and (a)(3),
respectively; by updating a statutory reference in renumbered subsection (a)(2);
and by adding to sections (c) and (d) a statutory reference and new section 1.d.
in Worksheet A and Worksheet B pertaining to a multifamily adjustment, as
follows:
Rule 9-206. CHILD SUPPORT GUIDELINES
(a) Definitions
The following definitions apply in this Rule:
(1) Multifamily Adjustment
“Multifamily adjustment” means an allowance for support for each child
(A) living in a parent’s home to whom the parent owes a legal duty of support,
(B) spending more than 92 overnights in the parent’s home in a year, and (C)
not subject to the support order.
Committee note: In calculating a multifamily adjustment, the court (1) uses
the actual income of the parent entitled to the deduction to determine the basic
child support obligation for each additional child in the parent’s home in
accordance with Code, Family Law Article, § 12-204, then (2) multiplies that
87
RULE 9-206
amount by 75 percent. See Code, Family Law Article, § 12-201(c)(1)(iii).
(1)(2) Shared Physical Custody
“Shared physical custody” has the meaning stated in Code, Family Law
Article, § 12-201(n)(o).
(2)(3) Worksheet
"Worksheet" means a document to compute child support under the
guidelines set forth in Code, Family Law Article, Title 12, Subtitle 2.
(b) Filing of Worksheet
In an action involving the establishment or modification of child support,
each party shall file a worksheet in the form set forth in section (c) or (d) of this
Rule. Unless the court directs otherwise, the worksheet shall be filed not later
than the date of the hearing on the issue of child support.
Cross reference: See Code, Family Law Article, § 12-203(a) and Walsh v.
Walsh, 333 Md. 492 (1994).
(c) Primary Physical Custody
Except in cases of shared physical custody, the worksheet shall be in
substantially the following form:
__________________________________
v.
In the
Circuit Court for ________________________
__________________________________
No. __________________
88
RULE 9-206
WORKSHEET A – CHILD SUPPORT OBLIGATION: PRIMARY PHYSICAL CUSTODY
Name of Child
Date of Birth
Name of Child
Date of Birth
Name of Child
Date of Birth
Name of Child
Date of Birth
Name of Child
Date of Birth
Name of Child
Date of Birth
Parent 1
Parent 2
Combined
1. MONTHLY ACTUAL INCOME (Before
taxes) (Code, Family Law Article,
§12-201 (b) and (c))
$
$
/////////
/////////
/////////
a. Minus preexisting child support
payment actually paid
-
-
/////////
/////////
b. Minus alimony actually paid
-
-
/////////
c. Plus/minus alimony awarded in this
case
+/-
+/-
/////////
/////////
d. Minus multifamily adjustment
-
-
/////////
···
(d) Shared Physical Custody
In cases of shared physical custody, the worksheet shall be in
substantially the following form:
89
RULE 9-206
__________________________________
v.
In the
Circuit Court for ________________________
__________________________________
No. __________________
WORKSHEET B – CHILD SUPPORT OBLIGATION: SHARED PHYSICAL CUSTODY
Name of Child
Date of Birth
Name of Child
Date of Birth
Name of Child
Date of Birth
Name of Child
Date of Birth
Name of Child
Date of Birth
Name of Child
Date of Birth
Parent 1
Parent 2
Combined
1. MONTHLY ACTUAL INCOME (Before
taxes) (Code, Family Law Article,
§12-201 (b) and (c))
$
$
/////////
/////////
/////////
a. Minus preexisting child support
payment actually paid
-
-
/////////
/////////
b. Minus alimony actually paid
-
-
/////////
c. Plus/minus alimony awarded in this
case
+/-
+/-
/////////
/////////
d. Minus multifamily adjustment
-
-
/////////
···
90
RULE 9-301
MARYLAND RULES OF PROCEDURE
TITLE 9 – FAMILY LAW ACTIONS
CHAPTER 300 – DOMESTIC VIOLENCE
AMEND Rule 9-301 by correcting a typographical error and by updating
the cross reference, as follows:
Rule 9-301. APPLICABILITY
The Rules is in this Chapter apply to actions brought solely under Code,
Family Law Article, Title 4, Subtitle 5.
Committee note: If relief is sought as part of a criminal, divorce, or other
action, the Rules governing that action prevail.
Cross reference: For the issuance of a peace order for the protection of an
individual who is not a “person eligible for relief” as defined in Code, Family
Law Article, § 4 501(m) 4-501(n), see Rule 3-731 and Code, Courts Article, Title
3, Subtitle 15 if the respondent is an adult and Code, Courts Article, Title 3,
Subtitle 8A if the respondent is an individual under the age of 18 years.
Source: This Rule is new.
91
RULE 10-304.2
MARYLAND RULES OF PROCEDURE
TITLE 10 – GUARDIANS AND OTHER FIDUCIARIES
CHAPTER 300 – GUARDIAN OF PROPERTY
ADD new Rule 10-304.2, as follows:
Rule 10-304.2. SPECIFIC TRANSACTION
(a) Definition
In this Rule, “specific transaction” means an action or series of actions
authorized or directed by a court order to meet a demonstrated need of a minor
or disabled person as a less restrictive alternative to guardianship of the
property.
(b) Authorization
In conjunction with a proceeding initiated pursuant to Rule 10-301, a
circuit court may, on motion or on its own initiative, order a specific
transaction with respect to the property, service, or care arrangement of a
minor or disabled person pursuant to Code, Estates & Trusts Article, § 13-204
and this Rule, including, for example:
(1) granting access to financial or other records related to a minor or
disabled person;
(2) establishing a minor or disabled person’s eligibility for benefits, such as
Medical Assistance;
Committee note: Examples of an action or series of actions that the court may
authorize as a specific transaction to establish an individual’s eligibility for
92
RULE 10-304.2
Medical Assistance include marshalling the individual’s assets, accessing
financial or other records that must be submitted with a Medical Assistance
application, and effectuating a spend down of known income and resources to
permit the individual to meet eligibility thresholds by creating a Medicaid
eligible trust, making burial arrangements, establishing an ABLE account
pursuant to 26 U.S.C. § 529A, or taking other appropriate action.
(3) setting up direct deposit or automatic pay services; and
(4) ordering any transaction described in Code, Estates and Trusts Article, §
13-204(a)(2).
(c) Contents of Motion
A motion for a specific transaction shall state:
(1) the specific transaction sought;
(2) how the specific transaction meets a demonstrated need of the minor or
alleged disabled person;
(3) the inability of the minor or alleged disabled person or currently
authorized individual to effectuate the requested specific transaction;
(4) facts supporting that the requested specific transaction is sufficient to
meet the demonstrated needs of the minor or alleged disabled person without
appointing a guardian of the property;
(5) information about any individual the petitioner believes is qualified to
perform the requested transaction including that individual’s:
(A) name, age, organization, if any, address, telephone, and email address,
if available;
(B) relationship to the minor or alleged disabled person;
(C) relationship to the petitioner;
(D) whether that individual (i) has been convicted of a crime listed in Code,
93
RULE 10-304.2
Estates and Trusts Article, § 11-114 or any such charge is currently pending
against the individual and (ii) if the individual has been convicted of such a
crime, the charge for which the individual was convicted, the year of the
conviction, the court in which the conviction occurred, and any good cause for
the appointment, if applicable under § 11-114(b); and
(E) any relevant qualifications of the individual; and
(6) the level of intrusion the requested specific transaction would have on the
rights or interests of the minor or alleged disabled person.
(d) Show Cause; Hearing
(1) Show Cause Order
The show cause order issued pursuant to Rule 10-104 shall state that a
motion for a specific transaction has been filed and specify the date, time, and
place of the hearing. A copy of the motion for a specific transaction shall be
served with a copy of the show cause order.
(2) Hearing
The court shall hold a hearing prior to ordering a specific transaction.
(e) Request to Expedite Hearing
(1) Contents
A request for an expedited hearing on a motion for a specific transaction
may be filed with the petition for guardianship of the property or at any time
after the filing of the petition. The request shall be verified and contain the
following information:
(A) the reason for seeking an expedited hearing;
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RULE 10-304.2
(B) a statement of how the minor or alleged disabled person would be
harmed if the proceeding is not expedited; and
(C) a description of all efforts made to notify interested persons, all
individuals named in subsection (c)(5) of this Rule as qualified to perform the
specific transaction, and any individual nominated as guardian about the
request for an expedited hearing.
(2) Factors for Courts to Consider
In determining whether to expedite a hearing in connection with a motion
for a specific transaction, the court shall consider:
(A) the nature, urgency, necessity, and gravity of the requested specific
transaction;
(B) risks to the minor or alleged disabled person if the hearing is not
expedited; and
(C) any other factor the court considers relevant.
(3) Scheduling of an Expedited Hearing
If the court orders an expedited hearing pursuant to this section, the
hearing shall be scheduled as soon as practicable, taking into account:
(A) the ability of the petitioner to serve or notify interested persons,
individuals named in subsection (c)(5) of this Rule, and any individual
nominated as the guardian on an expedited basis;
(B) the ability of the attorney for the minor or alleged disabled person,
government agencies, and court-appointed investigators to perform any
necessary investigations on an expedited basis; and
95
RULE 10-304.2
(C) any other circumstances that the court considers relevant.
Committee note: The procedure set forth in section (e) of this Rule is not
intended to affect the court's discretion to schedule expedited hearings in
general or the court’s power to preserve and apply the property of the minor or
alleged disabled person pursuant to Code, Estates and Trusts Article, § 13-203.
(f) Findings
Following the hearing, the court shall make findings in writing or on the
record as to:
(1) whether a basis exists under Code, Estates and Trusts Article, § 13-201
to assume jurisdiction over the property of the minor or alleged disabled
person;
(2) whether the property of the minor or alleged disabled person needs the
continuing protection of a guardian;
Committee note: If the court determines that it is appropriate to appoint a
guardian of the property of the minor or alleged disabled person, the court may
make the appointment in accordance with Rule 10-304.1. If the court
determines that further proceedings are necessary prior to the appointment of
a guardian, the court may proceed with the specific transaction and schedule
additional proceedings on the petition for guardianship of the property.
(3) the extent to which the interests of creditors and dependents of the minor
or alleged disabled person would be adversely affected by the grant or denial of
the specific transaction requested; and
(4) whether the specific transaction requested meets the demonstrated need
of the minor or alleged disabled person as a less restrictive alternative to
guardianship of the property.
(g) Order
An order authorizing or directing a specific transaction shall include:
96
RULE 10-304.2
(1) the specific transaction that is authorized or directed to be performed;
(2) the name, organization, if any, address, telephone number, and email
address, if available, of the individual authorized to perform the specific
transaction;
(3) any limits on the individual’s authority;
(4) a date or event that terminates the individual’s authority;
(5) direction to the individual to notify the court in writing when the specific
transaction has been completed and to provide all available documentation as
proof of the completion;
(6) the extent to which the Rules in Title 10, Chapter 700 are to apply with
respect to the performance of the specific transaction; and
(7) direction to the individual to make decisions and take actions that are in
the best interest of the minor or disabled person.
Committee note: To the extent practicable, the order should identify property
over which the individual authorized to perform the specific transaction has
authority and how that authority is to be exercised. For example, if the
individual is authorized to sell a house, the order should identify the location of
the house and specify how the proceeds of the sale are to be disbursed.
(h) Modification
After notice and an opportunity for a hearing, the court on motion or on
its own initiative may modify or terminate an order authorizing a specific
transaction or order the appointment of a guardian of the property if the minor
or alleged disabled person needs the continuing protection provided by a
guardian.
Committee note: Nothing in section (h) of this Rule precludes the court from
clarifying an order issued pursuant to section (g) of this Rule at the request of
97
RULE 10-304.2
the individual authorized to perform the specific transaction.
(i) Termination of Authority
The court shall issue an order terminating the authority of the person
authorized to perform a specific transaction upon finding that the ordered
transaction has been completed or no longer is needed.
(j) Fee
A person authorized to perform a specific transaction may be paid a
reasonable and necessary fee from the estate of the minor or alleged disabled
person unless the court otherwise directs.
Source: This Rule is new.
98
RULE 10-711
MARYLAND RULES OF PROCEDURE
TITLE 10 – GUARDIANS AND OTHER FIDUCIARIES
CHAPTER 700 – FIDUCIARY ESTATES INCLUDING GUARDIANSHIPS OF THE
PROPERTY
AMEND Rule 10-711 by expanding the cross reference at the end of the
Rule, as follows:
Rule 10-711. RESIGNATION OF FIDUCIARY AND APPOINTMENT OF
SUBSTITUTED OR SUCCESSOR FIDUCIARY
(a) Commencement of Action
A fiduciary may file a petition to resign. The petition shall state the
reasons for the resignation and may request the appointment of a substituted
or successor fiduciary. When a fiduciary resigns, dies, is removed, or becomes
otherwise incapable of filling the position, and there is no substituted or
successor fiduciary already named, the court may, on its own initiative or on
petition filed by any interested person, appoint a substituted or successor
fiduciary.
(b) Venue
(1) Guardianships of the Property
The petition to resign or to appoint a substituted or successor fiduciary
shall be filed in the court that has assumed jurisdiction over the guardianship.
If jurisdiction has not been assumed, the petition shall be filed pursuant to
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RULE 10-711
Rule 10-301 (c).
(2) Other Fiduciary Proceedings
The petition shall be filed in the court that has assumed jurisdiction over
the fiduciary estate, or if jurisdiction has not been assumed, in the county in
which the property is situated, or where the fiduciary resides, is regularly
employed, or maintains a place of business.
(c) Account of Resigning Fiduciary
The resigning fiduciary shall file with the petition an accounting pursuant
to Rule 10-706 for any period not covered in any annual accountings
previously filed, or, if none, from the date the fiduciary assumed the office.
In the case of an estate not previously subject to court jurisdiction, where
all beneficiaries have filed a waiver or where the court does not require an
accounting, an accounting need not be filed.
(d) Notice
The petitioner shall give notice to those interested persons designated by
the court by mailing to them by ordinary mail a copy of the petition and a show
cause order issued pursuant to Rule 10-104.
(e) Termination of Fiduciary's Appointment
Resignation of a fiduciary does not terminate the appointment of the
fiduciary until the court enters an order accepting the resignation.
(f) Proceedings
The court may, and upon request shall, hold a hearing and shall grant or
deny the relief sought in the petition. Pending the appointment of the
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RULE 10-711
successor fiduciary, the court may appoint a temporary fiduciary.
(g) Resignation of Co-Fiduciary
Unless otherwise ordered by the court, a co-fiduciary may resign the office
pursuant to this Rule. The resigning co-fiduciary shall turn over all property
belonging to the estate to the remaining co-fiduciary.
(h) Duty of Personal Representative of the Estate of Deceased Fiduciary or
Guardian of Disabled Fiduciary
Upon the death or disability of a fiduciary, the personal representative or
the guardian of the fiduciary, if any, shall, subject to order of court:
(1) Have the duty to protect all property belonging to the estate;
(2) Have the power to perform acts necessary for the protection of the estate;
(3) Immediately apply to the court for the appointment of a substituted or
successor fiduciary;
(4) Upon appointment of a substituted or successor fiduciary have the duty
to file an accounting pursuant to Rule 10-708 and deliver any property of the
estate to the substituted or successor fiduciary.
Committee note: Code, Estates and Trusts Article, § 13-220(c) applies to
deceased or disabled guardians of the property; section (i) of this Rule applies
to all deceased or disabled fiduciaries.
(i) Additional Means of Resignation
This Rule is in addition to, and not in lieu of, any other procedure for the
resignation or discharge of a fiduciary provided by law or by the instrument
creating the estate or appointing the fiduciary.
Cross reference: See Code, Estates and Trusts Article, § 14.5-705 pertaining to
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RULE 10-711
resignation of a trustee. See Code, Estates and Trusts Article, § 15-111
pertaining to the effect of resignation of a fiduciary.
Source: This Rule is derived as follows:
Section (a) is derived from former Rule V81 a and former Rule V82 a.
Section (b):
Subsection (1) is derived from former Rule R72 a and b.
Subsection (2) is derived from former Rule V81 a.
Section (c) is in part derived from former Rule V81 b 1 and is in part new.
Section (d) is derived from former Rule V81 c 1.
Section (e) is new.
Section (f) is in part derived from former Rule V78 b 5 and is in part new.
Section (g) is new.
Section (h) is derived from former Rule V82 e.
Section (i) is derived from former Rule V81 e.
102
RULE 11-112
MARYLAND RULES OF PROCEDURE
TITLE 11 – JUVENILE CAUSES
CHAPTER 100 – GENERAL PROVISIONS
AMEND Rule 11-112 by updating a quotation in the Committee note, as
follows:
Rule 11-112. PAPERS IN A FOREIGN LANGUAGE
Whenever the court has reason to believe that an individual required to be
served with a summons, subpoena, notice of hearing or court conference, or
other document that requires a decision, action, or response by the individual,
by reason of unfamiliarity with the English language, may be unable to read
and understand the document, the court shall issue the document in English
and (1) if the document is available in a language that the court reasonably
believes the individual can understand, issue the document in that language,
or (2) if the document is not available in a language the court reasonably
believes the individual can understand, attach a Multilingual Advisement Form
approved by the State Court Administrator.
Committee note: The Access to Justice Department of the Administrative Office
of the Courts provides translation services to the Maryland courts and can
provide translations of certain forms and materials into priority languages. The
Access to Justice Department does not provide translation of case-specific
documents. See Code, State Government Article, § 10-1103 requiring certain
State agencies, departments, and programs in the Executive Branch of
government, including the Department of Human Services, Department of
Juvenile Services, and Attorney General's Office, to provide “the translation of
vital documents ordinarily provided to the public into any language spoken by
any limited English proficient population that constitutes 3% of the overall
population within the geographic area served by a local office of a State
103
RULE 11-112
program as measured by the United States Census.”
Source: This Rule is new.
104
RULE 11-220
MARYLAND RULES OF PROCEDURE
TITLE 11 – JUVENILE CAUSES
CHAPTER 200 – CHILD IN NEED OF ASSISTANCE
AMEND Rule 11-220 by updating the cross references following
subsections (a)(1) and (a)(2), as follows:
Rule 11-220. TERMINATION OF PROCEEDING
(a) Termination of Jurisdiction
(1) Generally
Except as provided in subsection (a)(2), upon termination of the court's
jurisdiction over the respondent child, the court shall enter a final order
terminating the proceeding.
Cross reference: See Code, Courts Article, § 3-804(b)(c), providing that
jurisdiction over a CINA continues until the child is age 21 years, unless the
court terminates the case sooner.
(2) Limited Retention of Jurisdiction
If the court enters an order directing the provision of services to a child
under Code, Courts Article, § 3-819(c)(3) or § 3-823(h)(2)(viii), the court retains
jurisdiction for the limited purpose of enforcement, modification, or termination
of the order.
Cross reference: See Code, Courts Article, §§ 3-804(d)(e) and 3-823(k) and In re
Adoption/Guardianship Dustin R., 445 Md. 536 (2015) for continuing
jurisdiction over a CINA.
(b) Prior to Termination of Jurisdiction
Upon a finding of good cause, the court may enter a final order
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RULE 11-220
terminating the proceeding prior to expiration of the court's jurisdiction by
operation of law (1) on the court's own initiative, (2) on motion of a party, or (3)
on the recommendation of an appropriate governmental agency exercising
supervision over the respondent.
Cross reference: See In re Emileigh F., 355 Md. 198 (1999) and In re Joseph N.,
407 Md. 278 (2009) precluding the court from terminating the proceeding while
an appeal from its decision is pending.
Source: This Rule is derived from former Rule 11-120 (2021).
106
FORM 11-309
MARYLAND RULES OF PROCEDURE
TITLE 11 – JUVENILE CAUSES
CHAPTER 300 – GUARDIANSHIP TERMINATING PARENTAL RIGHTS
FORMS
AMEND Form 11-309 by correcting numbering in the form and by
moving section I of the form before the signature block, with additional
language, as follows:
Form 11-309. CONSENT BY PARENT TO GUARDIANSHIP
A consent by a parent to guardianship shall be substantially in the
following form:
CONSENT BY PARENT TO GUARDIANSHIP WITH THE RIGHT TO
CONSENT TO ADOPTION OF [NAME OF CHILD] BY [NAME OF
LOCAL DEPARTMENT/GUARDIAN]
INSTRUCTIONS
The attached written consent form is an important legal document.
You must read all of these instructions BEFORE you decide whether to
sign the consent form. If you do not understand the instructions or the
consent form, you should not sign it. If you are under 18 years old or if
you have a disability that makes it difficult for you to understand, do not
sign the consent form unless you have a lawyer.
···
107
FORM 11-309
CONSENT TO GUARDIANSHIP WITH THE RIGHT TO CONSENT TO
ADOPTION OR OTHER PLANNED PERMANENT LIVING ARRANGEMENT OF
______________________ TO _______________________
Use a pen to fill out this form. You must complete each section.
A. Language of Form
1. The instructions and this consent form are in __________ (language),
which is a language I can read and understand.
2. If the form is in a language other than English, attached to it is an
affidavit in English of the person who translated the document from English
attesting that the translation is accurate and listing the translator’s
qualifications.
B. Identifying Information
1. Name
My full name is ______________________________________.
2. Age
My date of birth is __________________________________.
3. Child’s Birth Information
The child who is the subject of this consent was born
on _______________________ (date) at ___________________________
(name of hospital or address of birthplace) in _________________
(city, state, and county, and country of birth).
4. Status as Parent
(a) I am
[ ] the mother of the child;
[ ] the father of the child;
[ ] alleged to be the father of the child; or
[ ] found by a court to be the “de facto” parent
108
FORM 11-309
of the child.
(b) If I checked “alleged to be the father of the child” or “found by a
court to be the ‘de facto’ parent of the child” (Check all that apply):
(1) [ ] I was married to the mother of the child at the time of
conception of the child.
(2) [ ] I was married to the mother of the child at the time the child
was born.
(3) [ ] I was the registered domestic partner of the parent of the
child at the time of conception of the child.
(4) [ ] I was the registered domestic partner of the parent of the
child at the time the child was born.
(7) (5) [ ] I was named as the father on the child’s birth certificate.
(8) (6) [ ] The child’s mother named me as the child’s father.
(9) (7) [ ] I have been adjudicated by a court to be the child’s
parent.
(10) (8) [ ] I have acknowledged myself orally or in writing to be the
child’s father.
(11) (9) On the basis of genetic testing, I [ ] have been [ ] have not
been indicated to be the child’s biological father.
(12) (10) [ ] I do not know if I am the father of the child.
(13) (11) [ ] I deny that I am the father of the child.
···
H. Effect of this Consent
I UNDERSTAND THAT IF I SIGN THIS CONSENT FORM AND
GUARDIANSHIP IS GRANTED, I WILL BE GIVING UP ALL RIGHTS AND
RESPONSIBILITIES RELATING TO THE CHILD, EXCEPT THOSE RIGHTS
THAT I HAVE KEPT UNDER ANY WRITTEN POST-ADOPTION AGREEMENT.
I. Oath and Signature
I have read carefully and understand the instructions at the front of this
109
FORM 11-309
consent form. I am signing this consent form voluntarily and of my own free
will.
I solemnly affirm under the penalties of perjury that the contents of this
consent form are true to the best of my knowledge, information, and belief.
_________________________________
(Signature)
____________________________
(Date)
_________________________________
(Printed Name)
_________________________________
Address
_________________________________
(City, State, Zip Code)
_________________________________
(Telephone Number)
_________________________________
(E-Mail Address)
_________________________________
(Witness Signature)
____________________________
(Date)
_________________________________
(Printed Name)
_________________________________
Address
_________________________________
(City, State, Zip Code)
_________________________________
(Telephone Number)
_________________________________
(E-Mail Address)
I. Oath and Signature
110
RULE 11-410
MARYLAND RULES OF PROCEDURE
TITLE 11 – JUVENILE CAUSES
CHAPTER 400 – DELINQUENCY AND CITATION PROCEEDINGS
AMEND Rule 11-410 by correcting a statutory reference in the cross
reference following subsection (f)(1)(C), as follows:
Rule 11-410. WAIVER OF JURISDICTION
...
(f) Waiver Order
(1) Statement of Grounds; Contents of Order
If the court concludes that its jurisdiction should be waived, it shall
prepare and file or dictate into the record a statement of the grounds for its
decision and enter an order:
(A) waiving its jurisdiction and ordering the child held for trial under the
appropriate criminal procedure;
(B) committing the child to the custody of the sheriff or other appropriate
officer in an adult detention facility pending a pretrial release hearing pursuant
to Rule 4-222; and
(C) if identifying information of a minor victim or other restricted
information is in the case record, ordering the State’s Attorney or other filer to
comply with the requirements of Rule 20-201.1 prior to the transfer of the case
record to the court exercising criminal jurisdiction.
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RULE 11-410
Cross reference: See Code, Courts Criminal Procedure Article, § 11-301
pertaining to redaction of identifying information of a minor victim.
(2) Effect of Delinquency Petition
The delinquency petition shall be considered a charging document for the
purpose of detaining the respondent child pending a pre-trial release hearing.
(3) Copies
Pending a pre-trial release hearing, the clerk promptly shall furnish to
the appropriate officer true copies of the delinquency petition and the court's
waiver order.
Source: This Rule is derived in part from former Rule 11-113 (2021) and is in
part new.
112
RULE 11-503
MARYLAND RULES OF PROCEDURE
TITLE 11 – JUVENILE CAUSES
CHAPTER 500 – OTHER PROCEEDINGS
AMEND Rule 11-503 by updating a reference in subsection (a)(2)(A) and
in the cross reference following section (q), as follows:
Rule 11-503. VOLUNTARY PLACEMENT
(a) Applicability; Definitions
(1) Applicability
This Rule applies to voluntary placement proceedings under Code, Courts
Article, Title 3, Subtitle 8 and Code, Family Law Article, § 5-525.
(2) Definitions
In this Rule, the following definitions apply:
(A) Former CINA
“Former CINA” means an individual who (i) has been found to be a
CINA, (ii) is at least 18 years old but under the age of 21 years, and (iii) is
subject to the jurisdiction of the court pursuant to Code, Courts Article, § 3804(a)(2)(b)(2).
…
(q) Continuing Jurisdiction
If the court obtains jurisdiction over a child, that jurisdiction continues in
that case until the child reaches the age of 21 years, unless the court
terminates the case.
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RULE 11-503
Cross reference: See Code, Courts Article, § 3-804(b)(c), providing that
jurisdiction over a child in voluntary placement continues until the child is age
21, unless the court terminates the case.
Source: This Rule is new.
114
RULE 12-103
MARYLAND RULES OF PROCEDURE
TITLE 12 – PROPERTY ACTIONS
CHAPTER 100 – GENERAL PROVISIONS
AMEND Rule 12-103 by updating the cross reference, as follows:
Rule 12-103. ACTION FOR RELEASE OF LIEN INSTRUMENT
When a mortgage or deed of trust remains unreleased of record, the
mortgagor, grantor, or a successor in interest entitled by law to a release may
file a complaint for release of the lien instrument in any county where the lien
instrument is recorded. The person bringing the action shall include as
defendants all other parties to the instrument unless their interest has been
assigned or transferred of record, and in that case their successors in interest.
If the court orders the lien instrument released of record, the clerk shall record
the release in the manner prescribed by law.
Cross reference: Code, Real Property Article, § 7-106(e), § 3-105(d)(c), and § 3105.1(e)(1).
Source: This Rule is new.
115
RULE 15-901
MARYLAND RULES OF PROCEDURE
TITLE 15 – OTHER SPECIAL PROCEEDINGS
CHAPTER 900 – CHANGE OF NAME; JUDICIAL DECLARATION OF GENDER
IDENTITY
AMEND Rule 15-901 by updating a reference to Rule 16-934 in the
Committee note following subsection (c)(1)(G) and by adding a cross reference
following subsection (f)(2), as follows:
Rule 15-901. ACTION FOR CHANGE OF NAME
...
(c) Petition
(1) Contents
An action for change of name shall be commenced by filing a petition
captioned “In the Matter of ...” [stating the name of the individual whose name
is sought to be changed] “for change of name to ...” [stating the change of name
desired]. The petition shall be under oath and shall contain the following
information:
...
(G) if the individual whose name is sought to be changed is a minor, (i) a
statement explaining why the petitioner believes that the name change is in the
best interest of the minor; (ii) the name and address of each parent and any
guardian or custodian of the minor; (iii) whether each of those persons
consents to the name change; (iv) whether the petitioner has reason to believe
116
RULE 15-901
that any parent, guardian, or custodian is unfamiliar with the English
language and, if so, the language the petitioner reasonably believes the
individual can understand; (v) if the minor is at least ten years old, whether the
minor consents to the name change; and (vi) if the minor is younger than ten
years old, whether the minor objects to the name change; and
Committee note: If a petition filed on behalf of a minor contains confidential
information pertaining to the minor, the petitioner may request that the court
seal or otherwise limit inspection of a case record as provided in Rule 16 934
16-941.
...
(f) Action by Court; Hearing
(1) Name Change of Adult
The court may hold a hearing or may rule on a petition to change the
name of an adult without a hearing and shall enter an appropriate order,
except that the court shall not deny the petition without a hearing. The court
may not enter an order earlier than 30 days after the petition was filed.
Committee note: Although there is no publication or other required notice of a
requested name change of an adult, if a person learns of a requested name
change, the 30-day delay in the entry of an order after the petition is filed
affords a period of time within which an objection could be filed.
(2) Name Change of Minor
The court may hold a hearing or may rule on a petition to change the
name of a minor without a hearing and enter an appropriate order if (A) the
written consent of the minor, if required, has been filed, and (B) each parent,
guardian, and custodian (i) has filed a written consent pursuant to subsection
(c)(2)(B) of this Rule, or (ii) having been served pursuant to section (d) of this
117
RULE 15-901
Rule, did not timely file an objection. In all other cases in which a name
change of a minor is requested, the court shall hold a hearing and enter an
appropriate order no earlier than 30 days after all nonconsenting parents,
guardians, or custodians have been served in accordance with section (d) of
this Rule.
Cross reference: See In the Matter of Becker, 265 Md. App. 301 (2025)
pertaining to the relevant standards for changing the surname of a minor.
Source: This Rule is derived in part from former Rules BH70 through BH75
and is in part new.
118
RULE 16-104
MARYLAND RULES OF PROCEDURE
TITLE 16 – COURT ADMINISTRATION
CHAPTER 100 – COURT ADMINISTRATIVE STRUCTURE
AMEND Rule 16-104 by adding new section (c) authorizing a Circuit
Administrative Judge to designate an Acting Circuit Administrative Judge to
serve during the temporary absence of the Circuit Administrative Judge and to
delegate certain responsibilities to another County Administrative Judge in the
same circuit, as follows:
Rule 16-104. CIRCUIT COURT – CIRCUIT ADMINISTRATIVE JUDGE
(a) Designation
The Chief Justice of the Supreme Court shall designate, from among the
incumbent judges in each judicial circuit, a Circuit Administrative Judge for
each judicial circuit, to serve in that capacity at the pleasure of the Chief
Justice. The Circuit Administrative Judge shall serve also as the County
Administrative Judge of the circuit court for the county within which the judge
resides.
(b) Duties
Subject to the provisions of this Chapter and to the direction of the Chief
Justice of the Supreme Court, the Circuit Administrative Judge is generally
responsible for the overall administration of the circuit courts within the
judicial circuit, and for matters that may affect more than one of those courts.
In carrying out those responsibilities, the Circuit Administrative Judge:
119
RULE 16-104
(1) may perform, on a temporary basis, any of the duties of a County
Administrative Judge for a circuit court within the judicial circuit in the
absence of the County Administrative Judge or acting County Administrative
Judge for that court;
(2) after consulting with the County Administrative Judges in the circuit,
may direct the assignment of magistrates appointed on a circuit-wide basis
among the courts within the circuit as judicial business requires; and
(3) shall convene a meeting of all of the circuit court judges within the
judicial circuit at least once every six months. The meeting may be conducted
in person or by video, telephonic, or other electronic means.
(c) Delegation of Authority
(1) Designation of Acting Circuit Administrative Judge
A Circuit Administrative Judge may designate another County
Administrative Judge in the same circuit to serve as Acting Circuit
Administrative Judge during the temporary absence of the Circuit
Administrative Judge.
(2) Delegation of Certain Duties
A Circuit Administrative Judge may delegate to another County
Administrative Judge in the same circuit, with that County Administrative
Judge’s agreement, some or all of the responsibilities of the Circuit
Administrative Judge under Rules 2-327 (d), 2-551 (a), and 4-352.
Source: This Rule is derived in part from former Rule 16-101 c (2016) and is in
part new.
120
RULE 16-203
MARYLAND RULES OF PROCEDURE
TITLE 16 – COURT ADMINISTRATION
CHAPTER 200 – GENERAL PROVISIONS – CIRCUIT AND DISTRICT COURTS
AMEND Rule 16-203 by updating a reference to the Rules in Chapter 900
of Title 16 in the cross reference following subsection (c)(6), as follows
Rule 16-203. ELECTRONIC FILING OF PLEADINGS, PAPERS, AND REAL
PROPERTY INSTRUMENTS
...
(c) Criteria for Adoption of Plan
In developing a plan for the electronic filing of pleadings, the County
Administrative Judge or the Chief Judge of the District Court, as applicable,
shall be satisfied that the following criteria are met:
...
(6) the court can discard or replace the system during or at the conclusion of
a trial period without undue financial or operational burden.
The State Court Administrator shall review the plan and make a
recommendation to the Chief Justice of the Supreme Court with respect to it.
Cross reference: For the definition of “public record,” see Code, General
Provisions Article, § 4-101. See also Rules 16-901 16 934 through 16-942
(Access to Judicial Records).
...
121
RULE 16-204
MARYLAND RULES OF PROCEDURE
TITLE 16 – COURT ADMINISTRATION
CHAPTER 200 – GENERAL PROVISIONS – CIRCUIT AND DISTRICT COURTS
AMEND Rule 16-204 by updating a reference to Rule 16-934 in section
(b), as follows:
Rule 16-204. REPORTING OF CRIMINAL AND MOTOR VEHICLE
INFORMATION
...
(b) Inspection of Criminal History Record Information Contained in Court
Records of Public Judicial Proceedings
Criminal history record information contained in court records of public
judicial proceedings is subject to inspection in accordance with Rules 16-901
through 16 934 16-942.
...
122
RULE 16-301
MARYLAND RULES OF PROCEDURE
TITLE 16 – COURT ADMINISTRATION
CHAPTER 300 – CIRCUIT COURTS – ADMINISTRATION AND CASE
MANAGEMENT
AMEND Rule 16-301 by updating the cross reference after section (b), as
follows:
Rule 16-301. TERM OF COURT AND GRAND JURY
…
(b) Term of Grand Jury; Extension to Complete Investigation
(1) Definition
In section (b) of this Rule, “State's Attorney” includes the Attorney
General when using a grand jury pursuant to Article V, § 3 of the Maryland
Constitution or other law and the State Prosecutor when using a grand jury
pursuant to Code, Criminal Procedure Article, § 14-110.
(2) Term of Grand Jury and Additional Grand Jury
The term of a grand jury for a county shall be as determined in the jury
plan for that county. The term of any additional grand jury for a county
appointed pursuant to Code, Courts Article, § 8-413 shall be determined by the
County Administrative Judge.
(3) Extension of Term
On motion of the State's Attorney, the County Administrative Judge or
123
RULE 16-301
the jury judge may enter an order extending the term of a grand jury or
additional grand jury so that it may complete an investigation specified by the
judge in the order. During an extension, the grand jury shall continue until it
concludes its investigation or is sooner discharged by the judge but is limited
to the investigation specified in the order.
Cross reference: For the definition of “jury plan,” see Code, Courts Article,
§ 8 101(c) 8-101(d).
Source: This Rule is derived from former Rule 16-107 (2016).
124
RULE 16-406
MARYLAND RULES OF PROCEDURE
TITLE 16 – COURT ADMINISTRATION
CHAPTER 400 – CIRCUIT COURTS – CLERKS’ OFFICES
AMEND Rule 16-406 by revising the title of the Rule, by adding new item
(4) pertaining to a notice of appeal to the Supreme Court, by adding “or the
Clerk of the Supreme Court, as appropriate” to the end of the first sentence, by
adding “In the Appellate Court” to the second sentence, and by making stylistic
changes, as follows:
Rule 16-406. NOTICE TO THE APPELLATE COURT OR SUPREME COURT
Upon the filing of (1) a notice of appeal or application for leave to appeal to the
Appellate Court, (2) a timely motion pursuant to Rule 2-532, 2-533, or 2-534 if
filed after the filing of a notice of appeal, or (3) an order striking a notice of
appeal pursuant to Rule 8-203, or (4) a notice of appeal, where permitted by
law, to the Supreme Court, the clerk of the circuit court immediately shall send
via the MDEC system a copy of the paper filed to the Clerk of the Appellate
Court or the Clerk of the Supreme Court, as appropriate. If In the Appellate
Court, if a notice of appeal is accompanied by a Civil Appeal Information Report
required by Rule 8-205, the Information Report shall be transmitted in the
same manner as with the notice of appeal.
Source: This Rule is derived from former Rule 16-309 (2016).
125
RULE 16-904
MARYLAND RULES OF PROCEDURE
TITLE 16 – COURT ADMINISTRATION
CHAPTER 900 – ACCESS TO JUDICIAL RECORDS
DIVISION 1 – GENERAL PROVISIONS
AMEND Rule 16-904 by updating a reference to Rule 16-934 in the
Committee note following section (c), as follows:
Rule 16-904. GENERAL POLICY
...
(c) Exhibit Pertaining to Motion or Marked for Identification
Unless a judicial proceeding is not open to the public or the court
expressly orders otherwise and except for identifying information shielded
pursuant to law, a case record that consists of an exhibit (1) submitted in
support of or in opposition to a motion or (2) marked for identification by the
clerk at a hearing or trial or offered in evidence, whether or not admitted, is
subject to inspection, notwithstanding that the record otherwise would not
have been subject to inspection under the Rules in this Chapter.
Cross reference: See Rules 2-516, 3-516, and 4-322 concerning exhibits.
Committee note: Section (c) is based on the general principle that the public
has a right to know the evidence upon which a court acts in making decisions,
except to the extent that a superior need to protect privacy, safety, or security
recognized by law permits particular evidence, or the evidence in particular
cases, to be shielded. See Rule 16 934 16-941 authorizing a court to permit
inspection of a case record that is not otherwise subject to inspection or to
deny inspection of a case record that otherwise would be subject to inspection.
...
126
RULE 16-912
MARYLAND RULES OF PROCEDURE
TITLE 16 – COURT ADMINISTRATION
CHAPTER 900 – ACCESS TO JUDICIAL RECORDS
DIVISION 2 – LIMITATIONS ON ACCESS
AMEND Rule 16-912 by revising section (d) to exclude certain
information from public inspection and by deleting the cross reference following
section (d), as follows:
Rule 16-912. ACCESS TO NOTICE, SPECIAL JUDICIAL UNIT, LICENSE, AND
DOMESTIC PARTNERSHIP RECORDS
(a) Notice Records
Except as otherwise provided by statute, a custodian may not deny
inspection of a notice record that has been recorded and indexed by the clerk.
Cross reference: See Code, Real Property Article, § 3-111, precluding certain
personal information from being included in recordable documents after June 1,
2010 and providing for the redaction of such information if included.
(b) Special Judicial Unit Records
(1) Generally
Subject to unwaived lawful privileges and subsection (b)(2) of this Rule,
where a requested record falls within the confidentiality rules applicable to a
special judicial unit, access to the record is governed by the confidentiality Rules
applicable to that unit.
(2) Exception
Access to administrative records of special judicial units that are not
127
RULE 16-912
subject to a confidentiality provision in the Rules governing the unit shall be
governed by Rule 16-913.
Cross reference: See Rule 18-407, applicable to records and proceedings of the
Commission on Judicial Disabilities, the Judicial Inquiry Board, and
Investigative Counsel; Rule 19-105, applicable to the State Board of Law
Examiners, the Accommodation Review Committee, and the character
committees; and Rule 19-707, applicable to records and proceedings of the
Attorney Grievance Commission and Bar Counsel.
(c) License Records
(1) Business License Records
Except as otherwise provided by the Rules in this Chapter, the right to
inspect business license records is governed by the applicable provisions of
Parts II, III, and IV of the PIA.
(2) Marriage License Records
A custodian shall deny inspection of the following records pertaining to a
marriage license:
(A) certificate of a physician or certified nurse practitioner filed pursuant to
Code, Family Law Article, § 2-301, attesting to the pregnancy of a child under
18 years of age who has applied for a marriage license; and
(B) until the license becomes effective, the fact that an application for a
license has been made, except to the parent or guardian of a minor party to be
married who is 15 years old or older.
Cross reference: See Code, Family Law Article, § 2-301, which lists the
conditions necessary to permit a minor between 15 and 17 years old to legally
marry and Code, Family Law Article, § 2-402(e), which permits disclosure to a
parent or guardian of such a minor prior to the license becoming effective.
(d) Domestic Partnership Records
128
RULE 16-912
A Pursuant to Code, Estates and Trusts Article, § 2-214(d), a custodian
shall deny inspection of the portion portions of a declaration of domestic
partnership or declaration of termination that contains contain the home
address and Social Security number of either domestic partner.
Cross reference: See Code, Estates and Trusts Article, § 2 214(d)(3).
Source: This Rule is new.
129
RULE 16-914
MARYLAND RULES OF PROCEDURE
TITLE 16 – COURT ADMINISTRATION
CHAPTER 900 – ACCESS TO JUDICIAL RECORDS
DIVISION 2 – LIMITATIONS ON ACCESS
AMEND Rule 16-914 by adding an exception to subsection (a)(1)(A) and
by updating references to Rule 16-934 in the Committee note following section
(e) and in subsection (k)(2), as follows:
Rule 16-914. CASE RECORDS – REQUIRED DENIAL OF INSPECTION –
CERTAIN CATEGORIES
Except as otherwise provided by law, court order, or the Rules in this
Chapter, the custodian shall deny inspection of:
(a) All case records filed in the following actions involving children:
(1) Actions filed under Title 9, Chapter 100 of the Maryland Rules for:
(A) adoption, except as otherwise provided in Rule 9-112;
(B) guardianship; or
(C) revocation of a consent to adoption of guardianship for which there is
no pending adoption or guardianship proceeding in that county.
...
(e) Except for docket entries and orders entered under Rule 10-108, papers
and submissions filed in guardianship actions or proceedings under Title 10,
Chapter 200, 300, 400, or 700 of the Maryland Rules.
130
RULE 16-914
Committee note: Most filings in guardianship actions are likely to be
permeated with financial, medical, or psychological information regarding the
minor or disabled person that ordinarily would be sealed or shielded under
other Rules. Rather than require custodians to pore through those documents
to redact that kind of information, this Rule shields the documents themselves
subject to Rule 16 934 16-941, which permits the court, on a motion and for
good cause, to permit inspection of case records that otherwise are not subject
to inspection. There may be circumstances in which that should be allowed.
Parties to the action have access to the case records unless the court orders
otherwise. See Rule 10-105 (b). The guardian, as a party, has access to the
case records and may need to share some of them with third persons in order
to perform the duties of the guardian. This Rule is not intended to impede the
guardian from doing so. Public access to the docket entries and to orders
entered under Rule 10-108 will allow others to be informed of the guardianship
and to seek additional access pursuant to Rule 16 934 16-941.
...
(k) A case record that:
(1) a court has ordered sealed or not subject to inspection, except in
conformance with the order; or
(2) in accordance with Rule 16 934 (b) 16-941 (b) is the subject of a pending
petition to preclude or limit inspection.
...
131
RULE 16-915
MARYLAND RULES OF PROCEDURE
TITLE 16 – COURT ADMINISTRATION
CHAPTER 900 – ACCESS TO JUDICIAL RECORDS
DIVISION 2 – LIMITATIONS ON ACCESS
AMEND Rule 16-915 by updating references to Rule 16-934 in section
(c), section (e), and the cross reference following section (i), as follows:
Rule 16-915. CASE RECORDS – REQUIRED DENIAL OF INSPECTION –
SPECIFIC INFORMATION
...
(c) The address, telephone number, and e-mail address of a victim or victim's
representative in a criminal action, juvenile delinquency action, or an action
under Code, Family Law Article, Title 4, Subtitle 5, who has requested, or as to
whom the State has requested, that such information be shielded. Such a
request may be made at any time, including in a victim notification request
form filed with the clerk or a request or petition filed under Rule 16 934 16941.
(d) The name of a minor victim or any other information that could
reasonably be expected to identify a minor victim in a criminal action or a
juvenile delinquency action where the juvenile court waives jurisdiction.
Cross reference: See Code, Criminal Procedure Article, § 11-301(b).
(e) The address, telephone number, and e-mail address of a witness in a
criminal or juvenile delinquency action, who has requested, or as to whom the
132
RULE 16-915
State has requested, that such information be shielded. Such a request may
be made at any time, including a request or petition filed under Rule 16 934
16-941.
(f) Any part of the Social Security or federal tax identification number of an
individual.
(g) A trade secret, confidential commercial information, confidential financial
information, or confidential geological or geophysical information.
(h) Information about a person who has received a copy of a case record
containing information prohibited by Rule 1-322.1.
(i) The address, telephone number, and e-mail address of a payee contained
in a Consent by the payee filed pursuant to Rule 15-1302 (c)(1)(F).
Cross reference: See Rule 16 934 (i) 16-941 (i) concerning information shielded
upon a request authorized by Code, Courts Article, Title 3, Subtitle 15 (peace
orders) or Code, Family Law Article, Title 4, Subtitle 5 (domestic violence) and
in criminal actions. For obligations of a filer of a submission containing
restricted information, see Rules 16-916 and 20-201.1.
Source: This Rule is derived from former Rule 16-908 (2019).
133
MARYLAND RULES OF PROCEDURE
TITLE 16 – COURT ADMINISTRATION
CHAPTER 900 – ACCESS TO JUDICIAL RECORDS
DIVISION 5 – OTHER REQUESTS
TABLE OF CONTENTS
Rule 16 934 16-941. CASE RECORDS – COURT ORDER DENYING OR
PERMITTING INSPECTION NOT OTHERWISE AUTHORIZED BY RULE
(a) Purpose; Scope
(b) Petition
(c) Shielding of Record Upon Petition
(d) Temporary Order Precluding or Limiting Inspection
(e) Referral for Evidentiary Hearing
(f) Hearing; Final Order
(g) Filing of Order
(h) Non-Exclusive Remedy
(i) Request to Shield Certain Information
Rule 16-942. PROTECTED INDIVIDUALS – REQUEST TO SHIELD
(a) Definition
(b) Applicability
(c) Request
(d) Shielding of Record upon Request
(e) Determination; Order
134
RULE 16-941
MARYLAND RULES OF PROCEDURE
TITLE 16 – COURT ADMINISTRATION
CHAPTER 900 – ACCESS TO JUDICIAL RECORDS
DIVISION 4
RESOLUTION OF DISPUTES DIVISION 5 – OTHER REQUESTS
AMEND Rule 16-934 by renumbering it as Rule 16-941, as follows:
Rule 16 934 16-941. CASE RECORDS – COURT ORDER DENYING OR
PERMITTING INSPECTION NOT OTHERWISE AUTHORIZED BY RULE
(a) Purpose; Scope
···
135
RULE 16-942
MARYLAND RULES OF PROCEDURE
TITLE 16 – COURT ADMINISTRATION
CHAPTER 900 – ACCESS TO JUDICIAL RECORDS
DIVISION 5 – OTHER REQUESTS
ADD new Rule 16-942, as follows:
Rule 16-942. PROTECTED INDIVIDUALS – REQUEST TO SHIELD
(a) Definitions
The following definitions apply in this Rule:
(1) Personal Information
“Personal information” means information described in Code, Courts
Article, § 3-2301(d).
(2) Protected Individual
“Protected individual” means an individual described in Code, Courts
Article, § 3-2301(e).
(b) Applicability
This Rule applies to a request by or on behalf of a protected individual to
shield from public inspection personal information contained in a case record.
(c) Request
A request to shield pursuant to this Rule shall itself be shielded and shall:
(1) be in writing;
(2) provide sufficient information to permit the court to confirm that the
136
RULE 16-942
requester or individual on whose behalf the request is made is a protected
individual;
(3) state with particularity each record alleged to contain personal
information and the location of the personal information within the record; and
(4) be filed with the clerk.
(d) Shielding of Record upon Request
Upon the filing of a request pursuant to this Rule, the clerk shall deny
public inspection of the case record for a period not to exceed five business
days, including the day the request is filed, in order to allow the court an
opportunity to determine whether an order should issue. Immediately upon
docketing, the request shall be delivered to a judge who is not the protected
individual or related to the protected individual named in the request for
consideration.
(e) Determination; Order
(1) The court shall consider a request filed under this Rule on an expedited
basis.
(2) If the court determines that the case record contains personal
information of a protected individual, the court shall:
(A) order the clerk to redact the personal information from a copy of each
case record that is subject to public inspection and shield the unredacted
version of the case record; and,
(B) in an open case, order the parties to redact specified personal
information from all future filings in the proceeding and, if the personal
137
RULE 16-942
information is necessary to be included in the filing, file an unredacted copy,
which shall be shielded by the clerk.
Cross reference: See Rule 20-201.1 pertaining to restricted information in
electronic court filings.
Source: This Rule is new. It is derived in part from former Rule 16-934 (2025).
138
RULE 18-305
MARYLAND RULES OF PROCEDURE
TITLE 18 – JUDGES AND JUDICIAL APPOINTEES
CHAPTER 300 – JUDICIAL ETHICS COMMITTEE
AMEND Rule 18-305 by correcting references in sections (c) and (d), as
follows:
Rule 18-305. DUTIES
In addition to its other duties imposed by law, the Committee:
(a) shall give advice, as provided in this Rule, with respect to the application
or interpretation of the Maryland Code of Judicial Conduct and the Maryland
Code of Conduct for Judicial Appointees;
(b) is designated as the body to give advice with respect to the application or
interpretation of any provision of Code, General Provisions Article, § 5-501 et
seq. and § 5-601 et seq., to a State official in the Judicial Branch;
(c) shall review timely appeals from the State Court Administrator's decision
not to extend, under Rule 18 703 18-603 or 18 704 18-604, the period for
filing a financial disclosure statement;
(d) shall determine, under Rule 18 703 (e) 18-603 (e) or Rule 18 704 (e)
18-604 (e), whether to allow a judge or judicial appointee to correct a deficiency
as to a financial disclosure statement or to refer the matter, as to a judge, to
the Commission on Judicial Disabilities or, as to a judicial appointee, to the
State Ethics Commission; and
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(e) shall submit to the Rules Committee recommendations for necessary or
desirable changes in any ethics provision.
Source: This Rule is derived from section (i) of former Rule 16-812.1 (2016).
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RULE 19-409
MARYLAND RULES OF PROCEDURE
TITLE 19 – ATTORNEYS
CHAPTER 400 – ATTORNEY TRUST ACCOUNTS
AMEND Rule 19-409 by deleting an unnecessary definition in section (a);
by adding taglines to subsections (c)(1), (c)(2), (c)(3), and (c)(4); by revising
certain language in subsection (c)(1); by providing in subsection (c)(2) that the
State Court Administrator sends notice regarding the IOLTA Compliance Report
through AIS; by adding provisions to subsection (c)(2) regarding the form and
content of the report; by adding clarifying language to the end of subsection
(c)(3); by clarifying in subsection (c)(4) that each attorney in active status shall
file a report through AIS; by reorganizing subsection (c)(5) as section (d) and
renumbering subsequent subsections; by providing in subsection (d)(1) that the
State Court Administrator sends the Notice of Default and updating the
requirements for the notice; by deleting current subsection (c)(5)(B); by
providing in subsection (d)(2) that the State Court Administrator sends the list
of defaulting attorneys to the Supreme Court and updating the information
contained in the list; by deleting the requirement that a proposed order be
transmitted with the list of defaulting attorneys; by replacing the entry of a
decertification order pursuant to subsection (d)(3) with the entry of an
Administrative Suspension Order for defaulting attorneys; by adding language
to subsection (d)(3) regarding the duties of the Clerk upon entry of an
Administrative Suspension Order; by adding new subsection (d)(4) detailing the
effect of an Administrative Suspension Order; by deleting former subsections
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(c)(5)(E), (c)(5)(F), and (c)(5)(G); by adding new subsection (d)(5), with
subsections (d)(5)(A) through (d)(5)(C), addressing the reinstatement process
and the effect of terminating an Administrative Suspension Order; by deleting
current subsection (c)(5)(H); by re-lettering current subsection (c)(5)(I) as
section (e); by updating an internal reference in section (e); by adding a
reference in section (e) to the access Rules in Title 16, Chapter 900; by creating
new section (f) with the language of former subsection (c)(5)(H), with
amendments; and by making stylistic changes, as follows:
Rule 19-409. INTEREST ON FUNDS
(a) Definition Definitions
In this Rule, (1) “AIS” means the Attorney Information System created in
Rule 19-801, and (2) “AOC” means the Administrative Office of the Courts, and
(3) “Client Protection Fund” means the Client Protection Fund of the Bar of
Maryland.
(b) Generally
Any interest paid on funds deposited in an attorney trust account, after
deducting service charges and fees of the financial institution, shall be credited
and belong to the client or third person whose funds are on deposit during the
period the interest is earned, except to the extent that interest is paid to the
Maryland Legal Services Corporation Fund as authorized by law. The attorney
or law firm shall have no right or claim to the interest.
Cross reference: See Rule 19-411 (b)(1)(D) providing that certain fees may not
be deducted from interest that otherwise would be payable to the Maryland
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Legal Services Corporation Fund.
(c) Duty to Report IOLTA Participation
(1) Required as a Condition of Practice
As a condition precedent of continuing to the practice of law in Maryland,
each attorney admitted to practice in Maryland shall report in accordance with
this Rule information concerning all IOLTA accounts.
(2) IOLTA Compliance Report
On or before July 10 of each year, AOC the State Court Administrator
shall send electronically to each attorney on in active status a notice requiring
the attorney to complete through AIS an IOLTA Compliance Report on or before
September 10 of that year. The report shall be in a form approved by the State
Court Administrator in consultation with the Maryland Legal Services
Corporation. The report shall require, at a minimum, the disclosure of the
name, address, location, and account number of each IOLTA account
maintained by the attorney as of July 10 of each year.
(3) Shared Law Firm IOLTA Accounts
If all IOLTA eligible trust funds of all attorneys in a law firm are deposited
in shared law firm IOLTA accounts, the firm shall designate an attorney to be
its “IOLTA Reporting Attorney.” The IOLTA Reporting Attorney shall report on
all law firm IOLTA accounts by submitting one report listing the specific
account information for the firm with the IOLTA Reporting Attorney's signature.
Each attorney at the law firm other than the firm's IOLTA Reporting Attorney
shall submit a report that includes the attorney's name, law firm address and
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phone number, and the name of the IOLTA Reporting Attorney. The report of
an attorney other than the firm’s IOLTA Reporting Attorney need not include
account information for a shared law firm IOLTA account.
(4) Filing Report Through AIS
On or before September 10 of each year, the each attorney, through AIS,
in active status shall file electronically through AIS a completed IOLTA
Compliance Report with AOC.
(5)(d) Enforcement
(A)(1) Notice of Default
As soon as practicable after February 10 of each year, AOC the State
Court Administrator shall send electronically notify each defaulting a Notice of
Default to each attorney of the attorney's failure who has failed to file the
required IOLTA Compliance Report. The notice Notice of Default shall (i)(A) be
on a form approved by the State Court Administrator, (B) state that the
attorney has not filed the required IOLTA Compliance Report, and (ii)(C) state
that continued failure to file the Report may cure the default will result in the
entry of an order by the Supreme Court prohibiting administratively
suspending the attorney from practicing the practice of law in Maryland.
(B) Additional Discretionary Notice
In addition to the electronic notice, AOC may give additional notice in
other ways to defaulting attorneys. This discretion shall be liberally construed
with respect to notices given in 2019.
(C)(2) List of Defaulting Attorneys
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As soon as practicable after February 10 of each year but no later than
March 10, AOC the State Court Administrator shall:
(i)(A) prepare, certify, and, transmit to the Supreme Court a list that
includes the name and, unless the attorney has elected to keep the address
confidential, the address AIS number of each attorney engaged in the practice
of law who has failed to file the IOLTA Compliance Report for the preceding
reporting period;
(ii) include with the list a proposed Decertification Order stating the name
and, unless the attorney has elected to keep the address confidential, the
address of each attorney who has failed to file the IOLTA Compliance Report;
and
(iii)(B) at the request of the Court, furnish additional information from its
records or give further notice to the defaulting attorneys.
(D) Decertification (3) Administrative Suspension Order
If satisfied that AOC the State Court Administrator has given the
required notice Notice of Default to the attorneys named in the proposed
decertification order on the list, the Supreme Court shall enter a decertification
order an Administrative Suspension Order prohibiting each of them attorney in
default from practicing law in Maryland until such time as a Recertification
Order applicable to a listed attorney is entered pursuant to subsection (c)(4)(F)
of this Rule. If the Court concludes that an attorney was not given the required
notice, it shall delete that attorney's name from the proposed Order. The Clerk
of the Supreme Court shall (A) send electronically a copy of the Order to each
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administratively suspended attorney named in the order, (B) comply with Rule
19-761, and (C) post the Order on the Judiciary website.
(4) Effect of Order
An attorney who has been sent a copy of the Administrative Suspension
Order and who has not been restored to good standing may not practice law in
Maryland and shall comply with the requirements of Rule 19-741 (b) and (c).
In addition to any other remedy or sanction allowed by law, an action for
contempt may be brought against an attorney who practices law in violation of
an Administrative Suspension Order.
(E) Transmittal of Decertification Order
AOC shall transmit a copy of the decertification order to each attorney
named in the Order.
(F) Recertification; Reinstatement
If a decertified attorney thereafter files the outstanding IOLTA
Compliance Report, AOC shall inform the Supreme Court and request the
Court to enter an order that recertifies the attorney and terminates the
decertification. Upon the entry of that order, AOC promptly shall transmit
confirmation to t
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