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ON RULES OF PRACTICE AND PROCEDURE

Minutes of a meeting of the Rules Committee held in Rooms

236-237 of the Maryland Judicial Center, 187 Harry S. Truman

Parkway, Annapolis, Maryland on Thursday, October 10, 2024.

Members present:

Hon. Alan M. Wilner, Chair

Hon. Douglas R.M. Nazarian, Vice

Chair

Hon. Tiffany Anderson

Hon. Vicki Ballou-Watts

James M. Brault, Esq.

Hon. Catherine Chen

Julia Doyle, Esq.

Arthur J. Horne, Jr., Esq.

Brian Kane, Esq.

Hon. Karen R. Ketterman

Victor H. Laws, III, Esq.

Dawne D. Lindsey, Clerk

Stephen S. McCloskey, Esq.

Kathleen Meredith, Esq.

Judy Rupp, State Court

Administrator

Gregory K. Wells, Esq.

Brian Zavin, Esq.

In attendance:

Colby L. Schmidt, Esq., Deputy Reporter

Heather Cobun, Esq., Assistant Reporter

Meredith A. Drummond, Esq., Assistant Reporter

Hon. John Morrissey, Chief Judge, District Court of Maryland

Gillian Tonkin, Esq., Staff Attorney to Chief Judge, District

Court

Sarah Kaplan, Esq., Juvenile & Family Services

Shaoli Katana, Esq., MSBA

Richard Keidel, Esq., Office of Legal Affairs and Fair Practices

Rachel Konieczny, The Daily Record

The Chair convened the meeting.

He introduced new

Executive Aide Courtney Towles, who started in the position at

the end of July, to the Committee.

He also informed the

Committee that the Supreme Court held an Open Meeting on the

223rd Report the previous day.

The Court spent more than one

hour on the category dealing with Rule 1-333 (Court

Interpreters).

He said that there was an “avalanche” of

opposition from the interpreter community, which had not been

anticipated.

He explained that the opposition was to one

proposed amendment, which changed the provision governing how

long a proceeding can go on before the court should consider

appointing an additional interpreter.

The proposal changed the

provision in the Rule from three to four hours, but the Chair

commented that the interpreters who commented and addressed the

Court also objected to the current three-hour provision.

said that the interpreters raised points not considered by the

Committee.

Judge Nazarian informed the Committee that the rest of the

proposed amendments to Rule 1-333 were adopted by the Court.

pointed out that the Rule was never intended to require

interpreters to actively interpret for four hours without a

second interpreter available to trade off, but the wording of

the proposed amendments “landed on this nerve.”

He explained

that there was a lack of clarity on the difference between an

“assignment” where an interpreter is made available and a

“proceeding” where an interpreter would be active and need

breaks or a second interpreter to combat fatigue.

He added that

this was not a problem the Committee was attempting to solve.

The Chair informed the Committee that the Court partially

remanded Rule 1-333 because of the issues raised by the

interpreters, so it will be back before the Committee at some

point in the future.

He also informed the Committee that the

Court did not finish its consideration of the 223rd Report and

will be scheduling an additional Open Meeting.

The Deputy Reporter introduced new members Kathleen

Meredith and Judge Karen Ketterman and welcomed them to their

first meeting.

Assistant Reporter Drummond advised that the

meeting was being recorded for the purpose of assisting with the

preparation of meeting minutes and that speaking will be treated

as consent to being recorded.

Agenda Item 1. Consideration of proposed amendments to Rule 16911 (Required Denial of Inspection – In General)

The Chair presented Rule 16-911, Required Denial of

Inspection – In General, for consideration.

MARYLAND RULES OF PROCEDURE

TITLE 16 – COURT ADMINISTRATION

CHAPTER 900 – ACCESS TO JUDICIAL RECORDS

AMEND Rule 16-911 by updating the tagline to

section (f) and by adding new subsection (f)(3), as

follows:

RULE 16-911. REQUIRED DENIAL OF INSPECTION-IN GENERAL

(a) When Inspection Would be Contrary to Federal

Law, Certain Maryland Law, Maryland Rules, or Court

Order

A custodian shall deny inspection of a judicial

record or any part of a judicial record if inspection

would be contrary to:

(1) the Constitution of the United States, a Federal

statute, or a Federal regulation adopted under a

Federal statute and that has the force of law;

(2) the Maryland Constitution;

(3) a provision of the PIA that is made applicable to

judicial records by the Rules in this Chapter;

(4) a Rule adopted by the Supreme Court; or

(5) an order entered by the court having custody of

the judicial record or by any higher court having

jurisdiction over

(A) the judicial record,

(B) the custodian of the judicial record, or

record.

(b) When Inspection Would be Contrary to Other

Maryland Statutes

Unless inspection is otherwise permitted by the

Rules in this Chapter, a custodian shall deny

inspection of a judicial record or any part of a judicial

record if inspection would be contrary to a statute

enacted by the Maryland General Assembly, other

than the PIA, that expressly or by necessary

implication applies to a judicial record.

Confidentiality

Unless otherwise ordered by a court, a custodian

shall deny inspection of a judicial record or part of a

judicial record that, by law, is confidential or is subject

to an unwaived lawful privilege.

(d) Judicial or other Professional Work Product

A custodian shall deny inspection of a judicial

record or part of a judicial record that contains judicial

or other professional work product.

(e) Record Subject to Expungement Order

A custodian shall deny inspection of a judicial

record that has been ordered expunged.

(f) Security of Judicial Facilities, Equipment,

Operations, Personnel; Protected Individuals and

Information

A custodian shall deny inspection of:

(1) a continuity of operations plan; and

(2) judicial records or parts of judicial records that

consist of or describe policies, procedures, directives,

or designs pertaining to the security or safety of

judicial facilities, equipment, operations, or personnel,

or of the members of the public while in or in

proximity to judicial facilities or equipment; and

(3) judicial records or parts of judicial records

created or maintained by the Office of Information

Privacy in relation to Code, Courts Article, Title 3,

Subtitles 23 and 24.

Cross reference: For an example of a statute enacted

by the General Assembly other than the PIA that

restricts inspection of a case record, see Code,

Criminal Procedure Article, Title 10, Subtitle 3.

Committee note: Subsection (a)(5) of this Rule allows a

court to seal a record or otherwise preclude its

disclosure. So long as a judicial record is under seal

or subject to an order precluding or limiting

disclosure, it may not be disclosed except in

conformance with the court's order. The authority to

seal a judicial record must be exercised in

conformance with the general policy of these Rules and

with supervening standards enunciated in decisions of

the Supreme Court of the United States and the

Supreme Court of Maryland. See Baltimore Sun Co. v.

Colbert, 323 Md. 290 (1991).

Source: This Rule is derived from former Rule 16-906

(2019).

Rule 16-911 was accompanied by the following Reporter’s

note:

Proposed amendments to Rule 16-911

implement Ch. 415, 2024 Laws of Maryland (SB 575).

The Judge Andrew F. Wilkinson Judicial Security Act

creates the Office of Information Privacy (“OIP”) in the

Administrative Office of the Courts. A “protected

individual” as defined by the Act may request or ask

the OIP to request that certain personal information be

removed from websites, social media, and

publications.

In carrying out its duties under the Act, the OIP

will necessarily be custodian of highly sensitive

information (the Act defines “personal information” to

include everything from a judge’s home address and

phone number to banking information and the daycare

for a judge’s child). The State Court Administrator has

requested that Title 16, Chapter 900 (“the Access

Rules”) expressly prohibit public access to the records

of the OIP.

Rule 16-902 (b) defines an administrative record

as “a record that (A) pertains to the administration or

administrative support of a court, a judicial agency, a

special judicial unit, or the judicial system of the

State; and (B) is not a case record.” Pursuant to Rule

16-913 (d), an administrative record is not public if it

is “(1) prepared by or for a judge or other judicial

personnel; (2) either (A) purely administrative in

nature but not a local rule, policy, or directive that

governs the operation of the court or (B) a draft of a

document intended for consideration by the author or

others and not intended to be final in its existing form;

and (3) not filed with the clerk and not required to be

filed with the clerk.”

The records of the OIP are likely covered by the

administrative records provision of Rule 16-913 (d).

However, to ensure the security of those records, the

proposed amendment to Rule 16-911 (f) adds a new

subsection to make it clear that records “created or

maintained” by the OIP are shielded from public

inspection.

The Chair informed the Committee that the proposed

amendments to Rule 16-911 were requested by the State Court

Administrator to implement the Judge Andrew F. Wilkinson

Judicial Security Act (Chapter 415, 2024 Laws of Maryland (SB

575)).

He noted that the Rule has not been through a

subcommittee and will require a motion to approve.

Ms. Rupp thanked the Rules Committee for its prompt

attention to this matter.

She explained that the legislation

went into effect on October 1 and allows the Office of

Information Privacy (“the OIP”) to shield information pertaining

to state and federal judges from public inspection.

She said

that the OIP will be tasked with maintaining records containing

sensitive information about judges and their families.

She said

that she wanted the Rules to be extremely clear that that

information is not public.

Judge Nazarian moved to approve Rule 16-911 as presented.

Mr. Wells seconded the motion and it passed unanimously.

Agenda Item 2. Consideration of proposed amendments to Rule 16912 (Access to Notice, Special Judicial Unit, License, and

Domestic Partnership Records)

The Chair presented Rule 16-912, Access to Notice, Special

Judicial Unit, License, and Domestic Partnership Records, for

consideration.

MARYLAND RULES OF PROCEDURE

TITLE 16 – COURT ADMINISTRATION

CHAPTER 900 – ACCESS TO JUDICIAL RECORDS

DIVISION 2 – LIMITATIONS ON ACCESS

AMEND Rule 16-912 by replacing the number

“15” with the number “17” in subsection (c)(2)(B) and

by conforming the cross reference following subsection

(c)(2)(B) to the amended subsection, as follows:

Rule 16-912. ACCESS TO NOTICE, SPECIAL

JUDICIAL UNIT, AND 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, § 3111, 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 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.

(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 17 years old or older.

Cross reference: See Code, Family Law Article, § 2301, which lists the conditions necessary to permit a

17-year-old 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

A custodian shall deny inspection of the portion

of a declaration of domestic partnership or declaration

of termination that contains the home address of

either domestic partner.

Cross reference: See Code, Estates and Trusts Article,

§ 2-214(d)(3).

Source: This Rule is derived from former Rule 16-905

(2019).

Rule 16-912 was accompanied by the following Reporter’s

note:

Conforming amendments are proposed to

subsection (c)(2)(B) and the cross reference following

subsection (c)(2)(B) to conform this Rule to the

revisions to Code, Family Law Article, §2-301 enacted

as Chapter 175, 2022 Laws of Maryland (HB 83). The

statute was revised to prohibit minors under the age of

17 from legally marrying in the State.

The Chair explained that the proposed amendment to Rule 16912 conforms the Rule to a 2022 statute that prohibits minors

under the age of 17 from marrying.

There being no motion to amend or reject the proposed

amendment to Rule 16-912, it was approved as presented.

Agenda Item 3. Consideration of proposed amendments to Rule 16914 (Case Records – Required Denial of Inspection – Certain

Categories)

The Chair presented Rule 16-914, Case Records – Required

Denial of Inspection – Certain Categories, for consideration.

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 new section (s),

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:

...

Article, § 3-1510 (peace orders), Code, Family Law

Article, § 4-512 (domestic violence protective orders),

or Code, Public Safety Article, § 5-602(c) (extreme risk

protective orders).

...

(q) A petition for authorization for minor to marry

action filed pursuant to Rule 15-1501.

[note to Committee: section (r) is pending in the

223rd Report]

(r) In an action under Title 7, Chapter 200 of these

Rules, the record of an administrative agency

proceeding where the Administrative Agency Restricted

Information Statement indicates that the record contains

restricted information as defined by Rule 20-101 (s).

Cross reference: See Rules 7-206 and 7-206.1

pertaining to the record of an administrative agency

proceeding filed in an action for judicial review of an

administrative agency decision. For procedures to

request an administrative agency to provide access to

public portions of the agency’s record of an

administrative agency proceeding, see Code, General

Provisions Article, Title 4 (Public Information Act).

(s) Case records shielded pursuant to Code, Real

Property Article, § 8-503 (failure to pay rent actions).

Source: This Rule is derived in part from former Rule

16-907 (2019), and is in part new.

Rule 16-914 was accompanied by the following Reporter’s

note:

Proposed amendments to Rule 16-914

implement Chapter 347, 2024 Laws of Maryland (SB

19). The bill requires the District Court to

automatically shield certain landlord-tenant actions if

a failure to pay rent case does not result in a judgment

of possession. There is also a provision for shielding

these actions by motion under certain circumstances.

Proposed new section (s) requires the custodian of

these records to deny inspection if they are shielded

pursuant to the statute. This language is modeled

after a similar provision in section (c).

The Chair informed the Committee that the proposed

amendment implements a statute shielding certain landlord-tenant

actions.

He noted that the Court just yesterday approved new

section (r).

The proposed amendment adds new section (s).

There being no motion to amend or reject the proposed

amendment to Rule 16-914, it was approved as presented.

Agenda Item 4. Consideration of proposed amendments to Rule 4211 (Filing of Charging Document), Rule 11-410 (Waiver of

Jurisdiction), Rule 16-915 (Case Records – Required Denial of

Inspection – Specific Information), Rule 16-916 (Case Records –

Procedures for Compliance), Rule 10-108 (Orders), and Rule 151302 (Petition for Approval)

The Chair presented Rule 4-211, Filing of Charging Document

and Rule 11-410, Waiver of Jurisdiction, for consideration.

MARYLAND RULES OF PROCEDURE

TITLE 4 – CRIMINAL CAUSES

CHAPTER 200 – PRETRIAL PROCEDURES

AMEND Rule 4-211 by adding new section (e)

pertaining to the identity of a minor victim and by

adding a cross reference following section (e), as

follows:

Rule 4-211. FILING OF CHARGING DOCUMENT

(a) Citation

The original of a citation shall be filed in District

Court promptly after its issuance and service.

Electronic data documenting the citation uploaded to

the District Court by or on behalf of the peace officer

who issued the citation shall be regarded as an

original of the citation.

(b) Statement of Charges

(1) Before Any Arrest

Except as otherwise provided by statute, a

judicial officer may file a statement of charges in the

District Court against a defendant who has not been

arrested for that offense upon written application

containing an affidavit showing probable cause that

the defendant committed the offense charged. If not

executed by a peace officer, the affidavit shall be made

and signed before a judicial officer.

(2) After Arrest

When a defendant has been arrested without a

warrant, unless an information is filed in the District

Court, the officer who has custody of the defendant

shall (A) forthwith cause a statement of charges to be

filed against the defendant in the District Court and

(B) at the same time or as soon thereafter as is

practicable file an affidavit containing facts showing

probable cause that the defendant committed the

offense charged.

Cross reference: See Code, Courts Article, § 2-608 for

special requirements concerning an application for a

statement of charges against a law enforcement officer,

an educator, or a person within the definition of

“emergency services personnel” in that section for an

offense allegedly committed in the course of executing

the person's duties.

A State's Attorney may file an information as

permitted by Rule 4-201.

Committee note: Nothing in section (b) of this Rule

precludes the filing of an information in the District

Court by a State's Attorney at any time, whether in

lieu of the filing of a statement of charges or as an

additional or superseding charging document after a

statement of charges has been filed.

(d) Indictment

The circuit court shall file an indictment returned

by a grand jury.

(e) Identity of Minor Victim

If a person responsible for filing a charging

document with the court pursuant to this Rule knows

that the charging document contains the name of or

any other information that could be reasonably

expected to identify a minor victim, the person shall

notify the clerk of the presence of identifying

information in the document and where in the

document that information is contained.

Cross reference: See Code, Criminal Procedure Article,

§ 11-301.

Source: This Rule is derived as follows:

Section (a) is derived from the last clause of M.D.R.

720 i.

Section (b) is derived from M.D.R. 720 a and b.

Section (c) is new.

Section (d) is new.

Section (e) is new.

Rule 4-211 was accompanied by the following Reporter’s

note:

Proposed amendments to Rule 4-211 implement

Chapters 877/878, 2024 Laws of Maryland (SB

111/HB 458). The statute deals with protection from

public access of identifying information of a minor

victim in a delinquency or criminal action. “Identifying

information” includes the name of the minor victim or

“information that reasonably could be expected to

identify” the minor victim. The court is required to

deny inspection of a filing containing this information

“on notice that [the filing] includes identifying

information of a minor victim.” The court is permitted

to order disclosure of the information on a finding by

clear and convincing evidence that there is good cause

to do so.

The Judiciary expressed concerns about the

statute as it pertains to existing public filings that may

contain this information. The Department of

Legislative Services stated in a revised Fiscal and

Policy Note that “because the required redaction of

identifying information prior to authorizing specified

disclosure/inspection appears to only be triggered

after notice that filings contain such information, it is

assumed that identifying information within existing

records that are available under current standards

does not have to be redacted (which would necessitate

significant time and resources) unless the Judiciary

receives specific supplemental notice regarding the

content of a particular document.” (emphasis in

original).

Records in criminal proceedings involving minor

victims must comply with the statute. The Rules

contain procedures for filers to alert the court that

filings contain information that is not public:

•

Rule 20-101 defines “restricted information” as

“information that, by Rule or other law, is not

subject to public inspection or is prohibited from

being included in a court record absent a court

order.”

•

Rule 20-201 (h) prohibits a submission by certain

filers from containing restricted information.

•

Rule 20-201.1 (c) requires (1) the completion of a

Notice of Restricted Information form, (2) the

redaction of the restricted information, and (3) the

filing of the redated copy for public access and an

unredacted copy under seal that is not accessible to

members of the general public.

The statute makes the identifying information of

a minor victim in a criminal proceeding “restricted

information” subject to Rules 20-201 and 20-201.1.

Prosecutors and defense attorneys are subject to these

Rules, which apply in every jurisdiction now that all

counties utilize MDEC. However, because the statute

explicitly applies to all types of charging documents,

several categories of filers are not governed by the

current procedures surrounding restricted

information. District Court Commissioners – defined

as “judicial personnel” in Rule 20-101 – and judges

and other court personnel are exempted from

compliance with Rule 20-201 (h).

Proposed amendments to Rule 4-211 add new

section (e), requiring the person who files a charging

document with the court to notify the clerk of

identifying information required to be redacted by the

statute. See the Reporter’s notes to Rules 16-915 and

16-916 for information regarding the proposed process

for compliance with the statute’s requirements.

MARYLAND RULES OF PROCEDURE

TITLE 11 - JUVENILE CAUSES

CHAPTER 400 - DELINQUENCY AND CITATION

PROCEEDINGS

AMEND Rule 11-410 by adding to the tagline of

section (f), by adding new subsection (f)(1)(C)

pertaining to records containing identifying

information of a minor victim, by adding a cross

reference following new subsection (f)(1)(C), and by

making stylistic changes, as follows:

Rule 11-410. WAIVER OF JURISDICTION

(a) Initiation of Waiver

The court's exclusive original jurisdiction may be

waived by the court:

(1) on its own initiative in conformance with

subsection (b)(1) of this Rule; or

(2) on motion of the State's Attorney filed in

conformance with subsection (b)(2) of this Rule.

Cross reference: See Code, Courts Article, § 3-8A-03,

concerning the jurisdiction of the court, and § 3-8A06, concerning the waiver of the court's exclusive

jurisdiction.

(b) Timing

(1) Waiver on Court's Own Initiative

The court may waive its jurisdiction on its own

initiative at any time after the filing of a delinquency

petition but not later than 10 days before

commencement of the first scheduled adjudicatory

hearing.

(2) Motion by State's Attorney

(A) A motion to waive juvenile court jurisdiction

filed by the State's Attorney may be filed with the

delinquency petition or not later than five days before

commencement of the first scheduled adjudicatory

hearing.

(B) The motion to waive juvenile court jurisdiction

shall state with particularity the reasons the State's

Attorney requests the waiver, taking into account the

factors required to be considered by the court under

Code, Courts Article, § 3-8A-06(e).

(3) Waiver of Time Requirement

For good cause, the court may waive the time

requirement of subsection (b)(2) of this Rule if, before

commencement of the first scheduled adjudicatory

hearing, the State's Attorney files against the child a

subsequent delinquency petition accompanied by a

waiver motion or an indictment or criminal

information in a criminal case.

Upon the filing of a waiver motion, or prior to any

waiver of jurisdiction by the court on its own initiative,

the court shall order the Department of Juvenile

Services to make a waiver investigation and prepare a

report that addresses the criteria listed in Code,

Courts Article, § 3-8A-06. The report shall include all

records that are to be made available to the court at a

waiver hearing. The Department shall file the report

with the clerk at least five days before the scheduled

waiver hearing. At the time of filing, the Department

shall provide a copy of the report to the State's

Attorney's Office, and the District Office of the Public

Defender or private counsel. If the child is

unrepresented, the Department shall provide a copy of

the report to the child.

(d) Hearing

(1) Required

The court may not waive its jurisdiction without

first conducting a waiver hearing in accordance with

this section.

(2) Notice

Reasonable notice of the time and place of the

hearing shall be given to all parties pursuant to Rule

11-108 (f).

(3) Time of Hearing

Unless otherwise ordered, a waiver hearing shall

be held:

(A) prior to an adjudicatory hearing; and

(B) within 30 days after the date a petition for

detention or community detention is granted, or, if the

child is not detained or on community detention,

within 30 days after service of the waiver petition.

Cross reference: See Rule 11-406 concerning

detention and community detention.

(4) Purpose of Hearing

A waiver hearing is for the sole purpose of

determining whether the court should waive its

jurisdiction.

(5) Admissibility of Report of Waiver Investigation

The report of the waiver investigation is

admissible as evidence at the waiver hearing. Each

party has the right to present evidence concerning the

report.

Cross reference: See Code, Courts Article, § 3-8A-17(c)

regarding admissibility of the report of a study as

evidence. For admission of evidence, generally, see

Rule 11-101 (b).

(6) Jurisdiction Previously Waived

If the court has previously waived its jurisdiction

with respect to a delinquency petition filed against a

respondent and a delinquency petition based on

another alleged delinquent act is subsequently filed

against the respondent, the court may waive its

jurisdiction with respect to the subsequent petition

based on the previous waiver after a limited hearing of

which the respondent has been notified and at which

the respondent has an opportunity to be heard.

Cross reference: See In re Michael W., 53 Md. App.

271 (1982) regarding compliance with fundamental

principles of due process.

(7) Respondent Over 21 Years of Age

If a delinquency petition is filed against a

respondent who is over 21 years of age, the court may

waive its jurisdiction after a limited hearing of which

the respondent has been notified and at which the

respondent has an opportunity to be heard.

(e) Required Condition for Waiver; Criteria;

Considerations

(1) Required Condition

The court may not waive its jurisdiction unless it

determines, by a preponderance of the evidence

presented at the hearing, that the child is an unfit

subject for juvenile rehabilitative measures.

(2) Criteria and Considerations

In considering that determination, the court

shall assume that the respondent child committed the

delinquent act alleged in the delinquency petition and

shall consider the criteria set forth in Code, Courts

Article, § 3-8A-06(e).

Cross Reference reference: See Davis v. State, 474 Md.

439 (2021).

(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; and

(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

other restricted information is in the case record,

ordering directing 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.

Cross reference: See Code, Courts 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.

Rule 11-410 was accompanied by the following Reporter’s

note:

Proposed amendments to Rule 11-410

implement Chapters 887/888, 2024 Laws of Maryland

(HB 458/SB 111). The law prohibits the court or a

party in a criminal or juvenile delinquency proceeding

from disclosing or allowing inspection of a filing that

could identify a minor victim involved in the

proceeding to a non-party without redaction of that

information. The statute provides specifically that

“identifying information” includes the name of the

minor victim or “information that reasonably could be

expected to identify” the minor victim.

The court record in a delinquency proceeding is

confidential by law and not subject to public

inspection (Code, Courts Article, § 3-8A-27 (b) and

Rule 16-914 (a)(2)). A proposed amendment to Rule

11-420 (f) requires the court to order the parties to

comply with Rule 20-201.1 when the juvenile court

waives its jurisdiction. A cross reference to the statute

is added after the new subsection.

See the Reporter’s notes to Rules 16-915 and

16-915 for additional information regarding

compliance with the statute by the court.

The Chair informed the Committee that the proposed

amendments to Rules 4-211 and 11-410 implement a statute

shielding identifying information regarding a minor victim in a

criminal or delinquency action from public inspection.

The

Chair called for any comment on the proposed amendments.

Ms. Lindsey asked if the notice to the clerk in Rule 4-211

(e) could be in writing.

She said that she wants to avoid a

situation where someone comes to the clerk’s office in person to

claim that protected information is in a court record without

putting that notice in writing.

Assistant Reporter Cobun noted

that requiring the notice to be in writing matches the procedure

in Rule 16-915, which is also included in this agenda item, for

notifying the clerk of information subject to shielding.

Lindsay moved to add “in writing” to Rule 4-211 (e).

was seconded and approved by consensus.

Ms.

The motion

Ms. Cobun also informed the Committee that Judge Bryant,

who could not be present, had emailed several comments on this

agenda item that she wished to raise.

In Rule 4-211, Judge

Bryant suggested that the phrase “could be reasonably expected

to identify” be changed to “could be reasonably used to

identify.”

Ms. Cobun explained that the phrase is pulled

directly from the statute and is also used in Rule 16-915.

Chair called for a motion to make that amendment.

The

Judge

Nazarian commented that he would be hesitant to deviate from the

statute.

There being no further motion to amend or reject the

proposed amendments to Rule 4-211, the Rule was approved as

amended.

The Chair called for comments on Rule 11-410.

Ms. Cobun

said that Judge Bryant had also flagged a mistake in Rule 11-410

(f)(1)(C):

the Juvenile Subcommittee was asked to choose

between “ordering” and “directing” in that subsection.

The

Subcommittee chose “ordering,” and “directing” should have been

deleted.

By consensus, the Committee accepted the amendment

deleting “directing.”

There being no further motion to amend or reject the

amendments to Rule 11-410, the Rule was approved as amended.

The Chair presented Rule 16-915, Case Records – Required

Denial of Inspection – Specific Information and Rule 16-916,

Case Records – Procedures for Compliance, for consideration.

MARYLAND RULES OF PROCEDURE

TITLE 16 – COURT ADMINISTRATION

CHAPTER 900 – ACCESS TO JUDICIAL RECORDS

DIVISION 2 – LIMITATIONS ON ACCESS

AMEND Rule 16-915 by adding new section (d)

pertaining to identifying information of a minor victim;

by adding a cross reference following new section (d);

and by re-lettering sections (d) through (h) as (e)

through (i), respectively, as follows:

Rule 16-915. CASE RECORDS--REQUIRED DENIAL

OF INSPECTION -- SPECIFIC INFORMATION

Except as otherwise provided by law, the Rules in

this Chapter, or court order, a custodian shall deny

inspection of a case record or a part of a case record

that would reveal:

(a) The name, address, telephone number, e-mail

address, or place of employment of an individual who

reports the abuse of a vulnerable adult pursuant to

Code, Family Law Article, § 14-302.

(b) Except as provided in Code, General Provisions

Article, § 4-331, the home address, telephone number,

and private e-mail address of an employee of the State

or a political subdivision of the State.

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.

(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).

(d)(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 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 16934.

(e)(f) Any part of the Social Security or federal tax

identification number of an individual.

(f)(g) A trade secret, confidential commercial

information, confidential financial information, or

confidential geological or geophysical information.

(g)(h) Information about a person who has received a

copy of a case record containing information

prohibited by Rule 1-322.1.

(h)(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) 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).

Rule 16-915 was accompanied by the following Reporter’s

note:

Proposed amendments to Rule 16-915

implement Chapters 887/888 (HB 458/SB 111), 2024

Laws of Maryland. The law prohibits the court or a

party in a criminal or juvenile delinquency proceeding

from disclosing or allowing inspection of a filing that

could identify a minor victim involved in the

proceeding to a non-party without redaction of that

information. The statute provides specifically that

“identifying information” includes the name of the

minor victim or “information that reasonably could be

expected to identify” the minor victim. See the

Reporter’s note to Rule 4-211.

New section (d) implements the statute’s

requirements. A cross reference to the new law follows

the section. Subsequent sections are re-lettered. See

the Reporter’s note to Rule 16-916 for additional

information regarding compliance with the statute by

the court.

MARYLAND RULES OF PROCEDURE

TITLE 16 – COURT ADMINISTRATION

CHAPTER 900 – ACCESS TO JUDICIAL RECORDS

DIVISION 2 – LIMITATIONS ON ACCESS

AMEND Rule 16-916 by adding to subsection

(b)(2) a provision authorizing a person who is the

subject of a case record to inform the custodian if a

case record contains information not subject to

inspection and a provision permitting the custodian to

refer to a judge a question as to whether information is

subject to public inspection, as follows:

Rule 16-916. CASE RECORDS – PROCEDURES FOR

COMPLIANCE

(a) Duty of Person Filing Record

(1) A person who files or authorizes the filing of a

case record shall inform the custodian, in writing,

whether, in the person's judgment, the case record,

any part of the case record, or any information

contained in the case record is confidential and not

subject to inspection under the Rules in this Chapter.

(2) The custodian is not bound by the person's

determination that a case record, any part of a case

record, or information contained in a case record is not

subject to inspection and shall permit inspection of a

case record unless, in the custodian's independent

judgment, subject to review as provided in Rule 16932, the case record is not subject to inspection.

(3) Notwithstanding subsection (a)(2) or (b)(2) of this

Rule, a custodian may rely on a person's failure to

advise that a case record, part of a case record, or

information contained in a case record is not subject

to inspection, and, in default of such advice, the

custodian is not liable for permitting inspection of the

case record, part of the case record, or information,

even if the case record, part of the case record, or

information in the case record is not subject to

inspection under the Rules in this Chapter.

Cross reference: See Rule 1-322.1 and 20-201.

(b) Duty of Clerk

(1) The clerk shall make a reasonable effort,

promptly upon the filing or creation of a case record,

to shield any information that is not subject to

inspection under the Rules in this Chapter and that

has been called to the attention of the custodian by

the person filing or authorizing the filing of the case

record.

Cross reference: See Rule 20-203.

(2) Persons A person (A) who filed or authorized the

filing of a case record filed prior to July 1, 2016 or (B)

who is a subject of a case record or acting on behalf of

a subject of a case record filed at any time may advise

the custodian in writing whether any part of the case

record is not subject to inspection. The custodian is

not bound by that determination and may refer the

matter to a judge for consideration. The custodian

shall make a reasonable effort, as time and

circumstances allow, to shield from those case records

any information that is not subject to inspection under

the Rules in this Chapter and that has been called to

the attention of the custodian. The duty under this

subsection is subordinate to all other official duties of

the custodian.

Committee note: In subsections (a)(1) and (b)(2) of this

Rule, the requirement that a custodian be notified “in

writing” is satisfied by an electronic filing if permitted

by Rule 1-322 or required by the Rules in Title 20.

Source: This Rule is derived from former Rule 16-913

(2019).

Rule 16-916 was accompanied by the following Reporter’s

note:

Proposed amendments to Rule 16-916

implement Chapters 887/888 (HB 458/SB 111, 2024

Laws of Maryland). The law prohibits the court or a

party in a criminal or juvenile delinquency proceeding

from disclosing or allowing inspection of a filing that

could identify a minor victim involved in the

proceeding to a non-party without redaction of that

information. The statute provides specifically that

“identifying information” includes the name of the

minor victim or “information that reasonably could be

expected to identify” the minor victim. See the

Reporter’s note to Rule 4-211.

Proposed amendments to Rule 16-915 state that

this information is not subject to public inspection.

For records later discovered to contain

information identifying a minor victim, Rule 16-916 (b)

is updated and expanded to allow clerks to respond

when alerted later to the presence of non-public

information. Subsection (b)(2) currently permits a filer

to advise the custodian of a case record that was filed

prior to July 1, 2016 that part of the record should be

shielded from public access. Proposed amendments

would permit the subject of a case record or someone

acting on behalf of the subject of a case record to alert

the clerk of non-public information contained in the

record. This provision applies regardless of when the

record was filed. An additional amendment permits

the clerk to refer the matter to a judge for

determination.

The Chair informed the Committee that the amendments in

Rules 16-915 and 16-916 also implement the statute shielding

minor victims’ identifying information.

comments on Rules 16-915 and 16-916.

The Chair called for

Ms. Cobun said that she

had another note from Judge Bryant on Rule 16-916 (b)(2).

The

current language of the Rule refers to a “determination” by a

person — not the clerk – that a case record contains non-public

information.

Ms. Cobun explained that Judge Bryant suggested

that the word be changed to something like “assertion” to make

it clear that only the custodian of the record makes a

determination under the Rule.

By consensus, the Committee

agreed to amend the Rule to change “determination” to

“assertion.”

There being no motion to amend or reject the proposed

amendments to Rule 16-915, the Rule was approved as presented.

There being no further motion to amend or reject the proposed

amendments to Rule 16-916, the Rule was approved as amended.

The Chair presented conforming amendments to Rule 10-108,

Orders, and Rule 15-1302, Petition for Approval, for

consideration.

MARYLAND RULES OF PROCEDURE

TITLE 10 – GUARDIANS AND OTHER FIDUCIARIES

CHAPTER 100 – GENERAL PROVISIONS

AMEND Rule 10-108 by updating the cross

reference following section (a), as follows:

Rule 10-108. ORDERS

(a) Order Appointing Guardian

(1) Generally

An order appointing a guardian shall:

(A) state whether the guardianship is of the

property, the person, or both;

(B) state the name, sex, and date of birth of the

minor or the disabled person;

and e-mail address, if available, of the guardian;

(D) state whether the appointment of a guardian is

solely due to a physical disability, and if not, the

reason for the guardianship;

(E) state (i) the amount of the guardian’s bond or

that bond is waived and (ii) the date by which proof of

any bond shall be filed with the court;

Cross reference: See Rule 10-702 (a), requiring the

bond to be filed before the guardian commences the

performance of any fiduciary duties.

(F) state the date by which any annual report of

the guardian shall be filed; and

Cross reference: See Rule 10-706 (b).

(G) state the specific powers and duties of the

guardian and any limitations on those powers or

duties either expressly or by referring to the specific

sections or subsections of an applicable statute

containing those powers and duties; and

(H) except as to a public guardian, unless the

guardian has already satisfied the requirement or the

court orders otherwise, direct the guardian to complete

an orientation program and training in conformance

with the applicable Guidelines for Court-Appointed

Guardians attached as an Appendix to the Rules in

this Title.

Committee note: An example of an appointment as to

which waiver of the orientation and training

requirements of subsection (a) (1) (H) may be

appropriate is the appointment of a temporary

guardian for a limited purpose of specific transaction.

Cross reference: Code, Estates and Trusts Article, §§

13-201 (b) and (c), 13-213, 13-214, 13-705 (b), 13708, and 15-102 and Title 15, Subtitle 6 (Maryland

Fiduciary Access to Digital Assets Act).

(2) Confidential Information

Information in the order or in papers filed by the

guardian that is subject to being shielded pursuant to

the Rules in Title 16, Chapter 900 shall remain

confidential, but, in its order, the court may permit the

guardian to disclose that information when necessary

to the administration of the guardianship, subject to a

requirement that the information not be further

disclosed without the consent of the guardian or the

court.

Committee note: Disclosure of identifying information

to financial institutions and health care providers, for

example, may be necessary to further the purposes of

the guardianship.

Cross reference: See Rule 16-914 (e) and (i) and Rule

16-915 (e)(f).

∙∙∙

Rule 10-108 was accompanied by the following Reporter’s

note:

A conforming amendment to Rule 10-108 is

necessitated by the proposed amendments to Rule 16915. Section (e) of that Rule is now (f). The cross

reference after section (a) of Rule 16-915 is updated.

MARYLAND RULES OF PROCEDURE

TITLE 15 – OTHER SPECIAL PROCEEDINGS

CHAPTER 1300 – STRUCTURED SETTLEMENT

TRANSFERS

AMEND Rule 15-1302 by updating the cross

reference following subsection (c)(1)(F), as follows:

Rule 15-1302. PETITION FOR APPROVAL

···

In addition to any other necessary averments, the

petition shall:

(1) subject to section (d) of this Rule, include as

exhibits:

(A) a copy of the structured settlement agreement;

(B) a copy of any order of a court or other

governmental authority approving the structured

settlement;

for payments under the structured settlement

agreement or, if any such annuity contract is not

available, a copy of a document from the annuity

issuer or obligor evidencing the payments payable

under the annuity policy;

(D) a copy of the transfer agreement;

(E) a copy of any disclosure statement provided to

the payee by the transferee;

(F) a written Consent by the payee substantially in

the form specified in Rule 15-1303;

Cross reference: For shielding requirements applicable

to identifying information contained in the payee's

Consent, see Rule 16-915 (h)(i).

(G) an affidavit by the independent professional

advisor selected by the payee, in conformance with

Rule 15-1304;

(H) a copy of any complaint that was pending when

the structured settlement was established; and

(I) proof of the petitioner's current registration with

the Office of the Attorney General as a structured

settlement transferee or a copy of a pending

application for registration as specified in Code, Courts

Article, § 5-1107, if the Office of the Attorney General

has not acted within the time specified in Code, Courts

Article, Title 5, Subtitle 11.

(2) if the petitioner is not an individual, state (i) the

legal status of the petitioner, (ii) whether it is

registered to do business in Maryland; and (iii) the

name, address, e-mail address, and telephone number

of any resident agent in Maryland;

(3) state the names and addresses and, if known,

the telephone numbers and email addresses of all

interested parties, as defined in Code, Courts Article, §

5-1101 (e);

(4) state whether, to the best of the petitioner's

knowledge, information, and belief, the structured

settlement arose from (A) a claim of lead poisoning, or

(B) any other claim in which an allegation was made in

a court record of a mental or cognitive impairment on

the part of the payee;

(5) identify any allegations or statements in any

complaint attached under subsection (c)(1)(H) of this

Rule that describe the nature, extent, or consequences

of the payee's cognitive injuries or disabling

impairment;

Committee note: To comply with subsection (c)(5) of

this Rule, the petitioner should refer to places in the

complaint containing the allegations or statements,

rather than repeating the allegations or statements in

the petition.

(6) state whether there have been any prior

transfers or proposed transfers of any of the payee's

structured settlement payment rights, and for each

prior transfer or proposed transfer:

(A) state whether the transferee in each transfer

agreement was the petitioner, an affiliate or

predecessor of the petitioner, or a person unrelated in

any way to the petitioner;

(B) identify the court and the number of the case

in which the transfer or proposed transfer was

submitted for approval;

and

(D) include as an exhibit a copy of (i) the transfer

agreement, (ii) any disclosure statement provided to

the payee by the transferee, and (iii) a copy of any

court order approving or declining to approve such

transfer or otherwise finally disposing of an application

for approval of such transfer.

(7) state the amounts and due dates of the

structured settlement payments to be transferred and

the aggregate amount of these payments;

(8) state (A) the total amount to be paid under the

transfer agreement; (B) the net amount to be received

by the payee, after deducting all fees, costs, and

amounts chargeable to the payee; and (C) the

discounted present value of the payments that would

be transferred as determined in accordance with Code,

Courts Article, § 5-1101 (b); and

(9) contain a calculation and statement in the

following form: “Based on the net amount that the

payee will receive from the transferee and the amounts

and timing of the structured settlement payments that

the payee is transferring to the transferee, the payee

will be paying an implied, annual interest rate of

__________ percent per year on this transaction, if it

were a loan transaction”;

(10) state whether, prior to the filing of the petition,

there have been any written, oral, or electronic

communications between the petitioner and the

independent professional advisor selected by the payee

with respect to the transfer and, if so, the dates and

nature of those communications; and

(11) state whether, to the best of the petitioner's

knowledge after making reasonable inquiry, the

proposed transfer would not contravene any applicable

law, statute, Rule, or the order of any court or other

government authority.

···

Rule 15-1302 was accompanied by the following Reporter’s

note:

A conforming amendment to Rule 15-1302 is

necessitated by the proposed amendments to Rule 16915. Section (h) of that Rule is now (i). The cross

reference after subsection (c)(1)(F) of Rule 15-1302 is

updated.

The Chair explained that the two conforming amendments to

Rules 10-108 and 15-1302 are necessitated by some re-lettering

in Rule 16-915.

Ms. Meredith commented that there is a typo in

the Committee note after subsection (a)(1)(H).

The end of the

Committee note should read “or specific transaction.”

Ms. Cobun

confirmed that this was a typo made by staff and does not

necessitate an amendment to correct.

The Chair noted that the conforming amendments require a

motion to approve.

By consensus, the Committee approved Rules

10-108 and 15-1302, subject to correction of the typo in Rule

10-108.

Agenda Item 5. Consideration of proposed amendments to Rule 16933 (Declaratory and Injunctive Relief)

The Chair presented Rule 16-933, Declaratory and Injunctive

Relief, for consideration.

MARYLAND RULES OF PROCEDURE

TITLE 16 – COURT ADMINISTRATION

CHAPTER 900 – ACCESS TO JUDICIAL RECORDS

DIVISION 4 – RESOLUTION OF DISPUTES

AMEND Rule 16-933 by adding new subsection

(a)(2) pertaining to the ability of the State Court

Administrator or custodian to seek declaratory and

injunctive relief in certain circumstances, by adding

“or requestor” to sections (b) and (c) to clarify that

these sections cover both requestors and custodians,

by adding a reference to subsection (a)(1) in

subsections (e)(1) and (g)(1), by adding new subsection

(e)(2) pertaining to the burden the custodian or State

Court Administrator must meet, by adding new

subsection (g)(2) pertaining to the contents of an order

entered in response to a request under section (a)(2) of

this Rule, and by making stylistic changes, as follows:

Rule 16-933. DECLARATORY AND INJUNCTIVE

RELIEF

(a) Generally

(1) Right to File of a Requestor

If a custodian or SCA denies a request for

inspection of a judicial record or for the creation of a

new judicial record, fails to respond to such a request

within the time allowed by these Rules for a response,

or proposes to charge a fee for the inspection or

creation of judicial records that the requester believes

is inappropriate, the requester may file a complaint for

declaratory and injunctive relief pursuant to the

Maryland Declaratory Judgment Act.

(2) Right to File of a Custodian or SCA

A custodian or SCA may file a complaint for

declaratory and injunctive relief pursuant to the

Maryland Declaratory Judgment Act alleging that a

request for inspection of a judicial record or pattern of

requests is frivolous, vexatious, or in bad faith.

(2)(3) Waiver of Court Costs

Court costs for the action shall be waived.

(3)(4) Exhaustion of Administrative Remedies Not

Required

Failure to seek administrative review under Rule

16-932 shall not be grounds to dismiss the action.

(b) Where Filed; Service

The complaint shall be filed in the circuit court

for the county in which the custodian is employed and

shall be served on the custodian or requestor in

accordance with Rule 2-121.

The custodian or requestor shall file a response

within 30 days after service of the complaint and

summons.

(d) Expedited Treatment

The court shall schedule a hearing promptly, if

one is requested, and give expedited treatment to the

action.

(e) Burden

(1) Complaint Filed by Requestor

For a complaint filed pursuant to subsection

(a)(1) of this Rule, The the custodian or SCA shall have

the burden of (1)(A) sustaining the decision that the

custodian or SCA made to deny inspection or

production of the requested information or judicial

record, or to delay a decision on the request, and (2)(B)

justifying the proposed fee, if that is in dispute.

(2) Complaint Filed by Custodian or SCA

For a complaint filed pursuant to subsection

(a)(2) of this Rule, the custodian or SCA shall have the

burden of demonstrating that a request or pattern of

requests is frivolous, vexatious, or in bad faith.

(f) In Camera Inspection

The court may direct the custodian to produce a

copy of the judicial record at issue for in camera

inspection to determine whether the record or any part

of it may be withheld pursuant to these Rules.

(g) Order

(1) Complaint Filed by Requestor

For a complaint filed pursuant to subsection

(a)(1) of this Rule, If if the court finds that the

requester has a right to inspect all or any of the record

or to have a new judicial record created, it shall enter

an order (1)(A) directing the custodian to produce or

create the record or the part of the record subject to

inspection for inspection by the requester within a

specified time, and (2)(B) if in issue, determine the

appropriate fee for producing or creating the record.

Otherwise, the court shall dismiss the complaint.

(2) Complaint Filed by Custodian or SCA

For a complaint filed pursuant to subsection

(a)(2) of this Rule, if the court finds that the custodian

or SCA has met the burden of proof set forth in

subsection (e)(2) of this Rule, the court shall enter an

order granting appropriate relief. Otherwise, the court

shall dismiss the complaint.

(3) Enforcement

Willful disobedience of an order issued under

this Rule may be enforced by contempt. No money

damages or attorneys' fees may be awarded to any

party.

Source: This Rule is in part derived from former Rule

16-914 (2019) and is in part new.

Rule 16-933 was accompanied by the following Reporter’s

note:

The General Court Administration

Subcommittee proposes amendments to Rule 16-933

to add to the Court Access Rules provisions

concerning vexatious requests. The State Court

Administrator requested these amendments to address

increasing instances of frivolous and repetitious

requests for judicial records. The proposed revisions

are similar to provisions contained in the Public

Information Act.

New subsection (a)(2) is proposed to establish

that a custodian or the State Court Administrator may

seek relief pursuant to the Maryland Declaratory

Judgment Act when a request for inspection of a

judicial record or pattern of requests is frivolous,

vexatious, or in bad faith.

Conforming amendments are proposed to

sections (b) and (c) to clarify that these sections apply

to both requestors and the custodian.

New subsection (e)(2) indicates that a custodian

or the State Court Administrator must show the Court

that a request is “frivolous, vexatious, or in bad faith”

to meet their burden.

Section (g) is proposed to be amended to provide

guidance to a trial Court when entering an order for a

complaint filed by a custodian or the State Court

Administrator.

Stylistic changes are also proposed.

The Chair informed the Committee that Rule 16-933 is

amended to allow the State Court Administrator to seek

declaratory relief in cases where there is a pattern of

frivolous, vexatious, or bad faith requests for records.

noted that Rich Keidel, Associate Legal Counsel for the Office

of Legal Affairs and Fair Practices, wrote a memorandum, which

is included in the materials (see Appendix 1), and was present

to answer any questions.

questions.

Ms. Rupp said that she can also answer

She said that the change allows the custodian of a

record or her office to seek relief similar to what is available

under the Maryland Public Information Act.

There being no motion to amend or reject the proposed

amendments to Rule 16-933, the amendments to the Rule were

approved as presented.

Agenda Item 6. Consideration of proposed amendments to Rule 16934 (Case Records – Court Order Denying or Permitting Inspection

Not Otherwise Authorized by Rule)

The Chair presented Rule 16-934, Case Records – Court Order

Denying or Permitting Inspection Not Otherwise Authorized by

Rule, for consideration.

MARYLAND RULES OF PROCEDURE

TITLE 16 – COURT ADMINISTRATION

CHAPTER 900 – ACCESS TO JUDICIAL RECORDS

DIVISION 4 – RESOLUTION OF DISPUTES

AMEND Rule 16-934 by adding new subsection

(d)(2) pertaining to ruling on a motion without a

hearing; by renumbering current subsections (d)(2)

through (d)(5) as (d)(3) through (d)(6), respectively; by

clarifying in renumbered subsections (d)(4) and (d)(5)

that a hearing is pursuant to section (f) of the Rule;

and by updating internal references in renumbered

subsection (d)(6); as follows:

Rule 16-934. CASE RECORDS – COURT ORDER

DENYING OR PERMITTING INSPECTION NOT

OTHERWISE AUTHORIZED BY RULE

(a) Purpose; Scope

(1) Generally

This Rule is intended to authorize 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, if

the court finds, by clear and convincing evidence, (1) a

compelling reason under the particular circumstances

to enter such an order, and (2) that no substantial

harm will come from such an order.

(2) Exception

This Rule does not apply to, and does not

authorize a court to permit inspection of, a case record

where inspection would be contrary to the United

States or Maryland Constitution, a Federal statute or

regulation that has the force of law, a Maryland

statute other than the PIA, or to a judicial record that

is not subject to inspection under Rule 16-911 (c), (d),

(e), or (f).

(b) Petition

(1) A party to an action in which a case record is

filed, and a person who is the subject of or is

specifically identified in a case record may file in the

action a petition:

(A) to seal or otherwise limit inspection of a case

record filed in that action that is not otherwise

shielded from inspection under the Rules in this

Chapter or Title 20 or other applicable law; or

(B) subject to subsection (a)(2) of this Rule, to

permit inspection of a case record filed in that action

that is not otherwise subject to inspection under the

Rules in this Chapter or Title 20 or other applicable

law.

(2) Except as provided in subsection (b)(3) of this

Rule, the petition shall be filed with the court in which

the case record is filed and shall be served on:

(A) all parties to the action in which the case

record was filed; and

(B) if the petition is to permit inspection of a case

record filed in that action that is not otherwise subject

to inspection, each identifiable person who is a subject

of the case record.

(3) A petition to shield a judicial record pursuant to

Code, Criminal Procedure Article, Title 10, Subtitle 3

shall be filed in the county where the judgment of

conviction was entered and shall state that the petition

is filed pursuant to this Rule and that it should be

shielded. The petition shall be shielded, subject to

further order of the court. Service shall be made, and

proceedings shall be held as directed in that Subtitle.

(4) The petition shall be under oath and shall state

with particularity the circumstances that justify an

order under this Rule. Unless the court orders

otherwise, the petition and any response to it shall be

shielded.

(1) Section (c) of this Rule does not apply to a

petition filed pursuant to Code, Criminal Procedure

Article, Title 10, Subtitle 3 or a submission pursuant

to Rule 20-201.1 (d).

(2) Upon the filing of a petition to seal or otherwise

limit inspection of a case record pursuant to section (a)

of this Rule, the custodian shall deny inspection of the

case record for a period not to exceed five business

days, including the day the motion is filed, in order to

allow the court an opportunity to determine whether a

temporary order should issue. Immediately upon

docketing, a petition to seal or otherwise limit

inspection of a case record shall be delivered to a judge

for consideration.

(d) Temporary Order Precluding or Limiting

Inspection

(1) The court shall consider a petition to preclude or

limit inspection filed under this Rule on an expedited

basis.

(2) If it does not clearly appear from specific facts

shown by affidavit or other statement under oath that

there is a substantial basis to believe that the case

record is properly subject to an order precluding or

limiting inspection pursuant to this Rule, the court

may, without a hearing, deny the petition. If the court

denies the petition pursuant to this subsection, the

petitioner may file a motion for reconsideration of the

denial. A motion for reconsideration shall be filed no

later than 15 days after the date of denial of the

petition. The court may reconsider the denial only if

the petitioner provides additional facts shown by

affidavit or other statement under oath on the issue of

whether there is a substantial basis to believe that the

case record is properly subject to an order precluding

or limiting inspection pursuant to this Rule.

(2)(3) The court may enter a temporary order

precluding or limiting inspection of a case record if it

clearly appears from specific facts shown by affidavit

or other statement under oath that (A) there is a

substantial basis for believing that the case record is

properly subject to an order precluding or limiting

inspection pursuant to this Rule, and (B) immediate,

substantial, and irreparable harm will result to the

person seeking the relief or on whose behalf the relief

is sought if temporary relief is not granted before a full

adversary hearing can be held on the propriety of a

final order precluding or limiting inspection.

(3)(4) If a petition to preclude or limit inspection is

filed by a plaintiff prior to service of the original

pleading, the petition to preclude or limit inspection

shall be served on the defendant with the original

pleading. The court shall hold a hearing under section

(f) of this Rule on the petition to preclude or limit

inspection within 15 days after the earlier of (A) filing

of proof of service of the original pleading or (B) filing

of the first responsive pleading by the defendant.

(4)(5) If a petition to preclude or limit inspection is

filed after all parties have been served in the

underlying action, the court shall hold a hearing under

section (f) of this Rule on the petition within 15 days

after the petition to preclude or limit inspection is

filed.

(5)(6) For good cause shown, a temporary order

precluding or limiting inspection may be extended for

up to 30 days after service under subsection (d)(3)(d)(4)

or filing under subsection (d)(4)(d)(5) of this Rule.

(e) Referral for Evidentiary Hearing

If a petition to preclude or limit inspection is filed

in an appellate court and the appellate court

determines that an evidentiary hearing is needed

pursuant to this Rule, the appellate court may refer

the matter to a judge of a circuit court to conduct the

evidentiary hearing.

(f) Final Order

(1) A court may not enter an order permitting

inspection of a case record that is not otherwise

subject to inspection under the Rules in this Chapter

in the absence of an opportunity for a full adversary

hearing.

(2) After an opportunity for a full adversary hearing,

the court shall enter a final order:

(A) precluding or limiting inspection of a case

record that is not otherwise shielded from inspection

under the Rules in this Chapter;

(B) permitting inspection, under such conditions

and limitations as the court finds necessary, of a case

record that is not otherwise subject to inspection

under the Rules in this Chapter; or

(3) A final order shall include or be accompanied by

findings regarding the interest sought to be protected

by the order.

(4) A final order that precludes or limits inspection

of a case record shall be as narrow as practicable in

scope and duration to effectuate the interest sought to

be protected by the order.

(5) A final order granting relief under Code, Criminal

Procedure Article, Title 10, Subtitle 3 shall include the

applicable provisions of the statute. If the order

pertains to a judgment of conviction in (A) an appeal

from a judgment of the District Court or (B) an action

that was removed pursuant to Rule 4-254, the order

shall apply to the records of each court in which there

is a record of the action, and the clerk shall transmit a

copy of the order to each such court.

(6) In determining whether to permit or deny

inspection, the court shall determine, upon clear and

convincing evidence:

(A) whether a special and compelling reason exists

to preclude, limit, or permit inspection of the

particular case record, and, if so, a description of that

reason;

(B) whether any substantial harm is likely to come

from the order and, if so, the nature of that harm; and

case record that has been previously sealed by court

order under subsection (f)(2)(A) of this Rule and the

movant was not a party to the case when the order

was entered, whether the order satisfies the standards

set forth in subsections (f)(3), (4), and (6)(A) of this

Rule.

(7) Unless the time is extended by the court on

motion of a party and for good cause, the court shall

enter a final order within 30 days after a hearing was

held or waived.

(g) Filing of Order

A copy of any temporary or final order shall be

filed in the action in which the case record in question

was filed and, except as otherwise provided by law,

shall be subject to public inspection.

(h) Non-Exclusive Remedy

This Rule does not preclude a court from

exercising its authority under other law to enter an

appropriate order that seals, shields, or limits

inspection of a case record or that makes a case record

subject to inspection.

(i) Request to Shield Certain Information

(1) Section (i) of this Rule applies to a request, filed

by an individual entitled to make it, (A) to shield

information in a case record that is subject to

shielding under Code, Courts Article, Title 3, Subtitle

15 (peace orders) or Code, Family Law Article, Title 4,

Subtitle 5 (domestic violence) or (B) in a criminal or

juvenile delinquency action, to shield the address or

telephone number of a victim, victim's representative

or witness.

(2) The request shall be in writing and filed with the

person having custody of the record.

(3) If the request is granted, the custodian shall

deny inspection of the shielded information. The shield

shall remain in effect until terminated or modified by

order of court. Any person aggrieved by the custodian's

decision may file a petition under section (b) of this

Rule.

Committee note: If a court or District Court

Commissioner grants a request to shield information

under section (h) of this Rule, no adversary hearing is

held unless a hearing is required by statute or a

person seeking inspection of the shielded information

files a petition under section (b) of this Rule.

Source: This Rule is derived from former Rule 16-912

(2019).

Rule 16-934 was accompanied by the following Reporter’s

note:

Proposed amendments to Rule 16-934 were

requested by the Chief Judge of the District Court to

create a procedure for a judge to rule without a

hearing on a motion to preclude or limit inspection of a

case record where it appears on the face of the motion

that there is no basis to grant it. The General Court

Administration Subcommittee was informed that the

District Court sees a significant volume of motions to

limit inspection of records, but most are not

meritorious and can be ruled on without a hearing.

Proposed amendments to section (d) add new

subsection (d)(2) to permit the court to find that the

specific facts provided do not provide a substantial

basis to believe that the record is properly subject to

an order precluding or limiting inspection. In such

cases, the court may deny the motion in chambers

without a hearing; however, the petitioner may file a

motion for reconsideration within 15 days after the

denial and provide additional facts for the court to

consider.

Subsequent subsections are renumbered, and

internal references are updated. Additionally,

clarifying amendments to renumbered subsections

(d)(4) and (d)(5) state that the hearing referenced in

those subsections refers to a hearing pursuant to

section (f) of the Rule.

The Chair explained that the proposed amendments to Rule

16-934 allow the court to deny a request under the Rule without

a hearing if, on its face, there is no basis to grant the

request.

He informed the Committee that Chief Judge Morrissey

requested the amendment.

Chief Judge Morrissey said that there

has been an increase in requests seeking to shield information

that there is no legal basis to shield, particularly in District

Court records.

There being no motion to amend or reject the proposed

amendments to Rule 16-934, the Rule was approved as presented.

Agenda Item 7. Consideration of proposed amendments to Rule 11405 (Taking Child into Custody), Rule 11-406 (Detention;

Community Detention; Shelter Care), and Rule 11-420.2 (Safe

Harbor – Victims of Child Sex Trafficking and Human Trafficking)

Judge Anderson presented Rule 11-405, Taking Child into

Custody; Rule 11-406, Detention; Community Detention; Shelter

Care; and Rule 11-420.2, Safe Harbor – Victims of Child Sex

Trafficking and Human Trafficking, for consideration.

MARYLAND RULES OF PROCEDURE

TITLE 11 – JUVENILE CAUSES

CHAPTER 400 – DELINQUENCY AND CITATION

PROCEEDINGS

AMEND Rule 11-405 by adding a statutory

reference to section (b), as follows:

Rule 11-405. TAKING CHILD INTO CUSTODY

...

(b) Notice; Release; Detention

A law enforcement officer who takes a child into

custody shall comply with the requirements of Code,

Courts Article, §§ 3-8A-14(b) and (d) and 3-8A-14.2.

...

Rule 11-405 was accompanied by the following Reporter’s

note:

Amendments to Rule 11-405 are proposed in

light of Chapter 735, 2024 Laws of Maryland (HB 814).

The bill added new section (d) to Code, Courts Article,

§ 3-8A-14 to include additional requirements for a law

enforcement officer taking a child into custody. A

reference to section (d) is added to Rule 11-405 (b).

MARYLAND RULES OF PROCEDURE

TITLE 11 – JUVENILE CAUSES

CHAPTER 400 – DELINQUENCY AND CITATION

PROCEEDINGS

AMEND Rule 11-406 by adding a provision

pertaining to waiver of the required review hearing to

subsection (f)(2), as follows:

Rule 11-406. DETENTION; COMMUNITY DETENTION;

SHELTER CARE

...

(f) Child in Detention--Required Actions

(1) Plan for Release

Within 10 days after a court orders detention of

a child, the Department of Juvenile Services shall

submit a plan to the court for releasing the child into

the community.

Cross reference: See Code, Courts Article, § 3-8A15(l).

(2) Review Hearing

Within 14 days after the court orders detention

of a child, and every 14 days thereafter, the

Department of Juvenile Services shall appear at a

review hearing before the court with the child to

explain the reasons for continued detention. With the

consent of the State’s Attorney and the child’s

attorney, the court may waive the hearing, provided

that no prior waiver of a review hearing under this

subsection had been granted.

Cross reference: See Code, Courts Article, § 3-8A15(k).

...

Rule 11-406 was accompanied by the following Reporter’s

note:

Proposed amendments to Rule 11-406

implement Chapter 735, 2024 Laws of Maryland (HB

814). The bill added a provision to Code, Courts

Article, § 3-8A-15 (k) governing waiver of the required

review hearing. Rule 11-406 (f)(2) is updated to

include this provision.

MARYLAND RULES OF PROCEDURE

TITLE 11 - JUVENILE CAUSES

CHAPTER 400 – DELINQUENCY AND CITATION

PROCEEDINGS

AMEND Rule 11-420.2 by updating a statutory

reference in the cross reference following section (e), as

follows:

Rule 11-420.2. SAFE HARBOR – VICTIMS OF CHILD

SEX TRAFFICKING AND HUMAN TRAFFICKING

···

(e) Use of Certain Evidence in Other Proceedings

Any statement made by the child or information

elicited from the child (1) in connection with services

provided pursuant to a referral under Code, Courts

Article, § 3-8A-17.13(b)(1)(iii) or (2) at a hearing

pursuant to section (c) of this Rule is inadmissible

against the child in any proceeding except a hearing

held pursuant to subsection (c)(1) of this Rule.

Cross reference: See Code, Family Law Article, § 5704.4 pertaining to the Safe Harbor Regional Navigator

Grant Program. See Code, Courts Article, § 3-8A-14

(d)(e) pertaining to duties of a law enforcement officer if

there is reason to believe that a child who has been

detained is a victim of sex trafficking or human

trafficking. See Code, Courts Article, § 3-8A-14.2

pertaining to custodial interrogation of children.

Source: This Rule is new.

Rule 11-420.2 was accompanied by the following Reporter’s

note:

Proposed amendments to Rule 11-420.2

conform a cross reference to Chapter 735, 2024 Laws

of Maryland (HB 814). The bill added a new section to

Code, Courts Article, § 3-8A-14, which changed the

reference used in the cross reference following section

(e).

Judge Anderson explained that the proposed amendments in

Agenda Item 7 implement various provisions in recent juvenile

law legislation (Chapter 735, 2024 Laws of Maryland (HB 814)).

Judge Anderson said that the amendment to Rule 11-405 (b)

adds a reference to an additional provision that applies when a

child is taken into custody.

Rule 11-406 is amended to state

that, with the consent of the State and the child’s attorney,

the court may waive one review hearing required under the Code.

A statutory reference in the cross reference following Rule 11420.2 (e) is also updated.

She said that all of the changes are

Subcommittee-approved.

There being no motion to amend or reject the proposed

amendments to Rules 11-405, 11-406, and 11-420.2, they were

approved as presented.

Agenda Item 8. Consideration of proposed amendments to Rule 11102 (Definitions), Rule 11-302 (Definitions), Rule 11-422

(Disposition Hearing and Order), Rule 11-423 (Revisory Power;

Post-Disposition Hearings), and Rule 4-314 (Defense of Not

Criminally Responsible)

Judge Anderson presented Rule 11-102, Definitions; Rule 11302, Definitions; Rule 11-422, Disposition Hearing and Order;

Rule 11-423, Revisory Power; Post-Disposition Hearings; and Rule

4-314, Defense of Not Criminally Responsible, for consideration.

MARYLAND RULES OF PROCEDURE

TITLE 11 - JUVENILE CAUSES

CHAPTER 100 – GENERAL PROVISIONS

AMEND Rule 11-102 by updating the terms in

the cross reference following section (a), as follows:

Rule 11-102. DEFINITIONS

The following definitions apply in this Title:

(a) Statutory Definitions

The definitions in Code, Courts Article, §§ 3-801

and 3-8A-01 are applicable to this Title. If a definition

in Code, Courts Article, Title 3, Subtitle 8 differs from

the definition of the term in Code, Courts Article, Title

3, Subtitle 8A, the definition in the Subtitle under

which the particular action or proceeding was filed

applies.

Cross reference: See Code, Courts Article, § 3-801 for

definitions of “abuse,” “adjudicatory hearing,” “adult,”

“child,” “child in need of assistance,” “CINA,” “commit,”

“custodian,” “custody,” “developmental disability,”

“disposition hearing,” “guardian,” “guardianship,”

labor trafficking,” “local department,” “mental

disorder,” “mental injury,” “neglect,” “parent,” “party,”

“qualified residential treatment program,” “reasonable

efforts,” “relative,” “sex trafficking,” “sexual abuse,”

“sexual molestation or exploitation,” “shelter care,”

“shelter care hearing,” “TPR proceeding,” “voluntary

placement,” and “voluntary placement hearing.”

See Code, Courts Article, § 3-8A-01 for

definitions of “adjudicatory hearing,” “adult,” “child,”

“child in need of supervision,” “citation,” “commit,”

“community detention,” “competency hearing,”

“custodian,” “delinquent act,” “delinquent child,”

“detention,” “developmental disability,” “disposition

hearing,” “incompetent to proceed,” “intake officer,”

“intellectual disability,” “mental disorder,” “mental

retardation,” “mentally handicapped child,” “party,”

“peace order proceeding,” “peace order request,”

“petition,” “qualified expert,” “respondent,” “shelter

care,” “victim,” “violation,” and “witness.”

···

Rule 11-102 was accompanied by the following Reporter’s

note:

Proposed amendments to Rule 11-102

implement Chapters 348/349, 2024 Laws of Maryland

(SB 550/HB 508) and Chapter 444, 2024 Laws of

Maryland (HB 432).

Ch. 348/349 added a definition of “labor

trafficking” to Code, Courts Article, § 3-801. The first

paragraph of the cross reference following section (a) is

updated to reflect this addition.

Ch. 444 made technical amendments to a series

of statutes by replacing the term “mental retardation”

with “intellectual disability.” The second paragraph of

the cross reference following section (a) is updated.

MARYLAND RULES OF PROCEDURE

TITLE 11 - JUVENILE CAUSES

CHAPTER 300 – DEFINITIONS

AMEND Rule 11-302 by updating the terms in

the cross reference following section (b), as follows:

Rule 11-302. DEFINITIONS

The following definitions apply in this Chapter:

···

(b) Additional Definitions

(1) CINA

“CINA” means a child in need of assistance

under Chapter 200 of these Rules.

(2) Local Department

“Local department” means the local department

of social services for the county in which the court is

located. In Montgomery County, “local department”

means the Department of Health and Human Services.

Cross reference: See Code, Courts Article, §§ 3-801

(p)(q) and 5-301.

Source: This Rule is new.

Rule 11-302 was accompanied by the following Reporter’s

note:

Proposed amendments to Rule 11-102

implement Chapters 348/349, 2024 Laws of Maryland

(SB 550/HB 508).

Ch. 348/349 shifted the location of the

definition of “local department” in Code, Courts Article,

§ 3-801. The cross reference following section (b) is

updated to reflect this change.

MARYLAND RULES OF PROCEDURE

TITLE 11 - JUVENILE CAUSES

CHAPTER 400 – DELINQUENCY AND CITATION

PROCEEDINGS

AMEND Rule 11-422 by updating the

terminology in the cross reference following subsection

(d)(1), as follows:

Rule 11-422. DISPOSITION HEARING AND ORDER

···

(d) Permitted Dispositions – Delinquency Petition

(1) Generally

In a proceeding based on a delinquency petition,

the court may enter a disposition authorized by Code,

Courts Article, § 3-8A-19(d), (f), (g), (h), (i), or (j),

subject to the conditions and limitations set forth in

those sections and in Code, Courts Article, §§ 3-8A19.6, 3-8A-22, 3-8A-24, and 3-8A-35.

Cross reference: Code, Courts Article, § 3-8A-19(d)

addresses the court's disposition generally.

Subsection (f) of that section addresses the guardian

appointed under the section. Subsection (g) of that

section addresses placement of a child in an

emergency facility on an emergency basis under Code,

Health-General Article, Title 10, Subtitle 6, Part IV.

Subsections (h) and (i) of that section address

commitment of a child to the custody of the State

Department of Health for inpatient care and treatment

in a State mental hospital or State mental retardation

facility facility for individuals with an intellectual

disability, respectively. Subsection (j) of that section

addresses the requirement that a commitment order

issued under either subsection (h) or (i) must require

the State Department of Health to file certain progress

reports.

···

Rule 11-422 was accompanied by the following Reporter’s

note:

Proposed amendments to Rule 11-422

implement Chapter 444, 2024 Laws of Maryland (HB

432). The bill made technical amendments to a series

of statutes by replacing the term “mental retardation”

with “intellectual disability.”

MARYLAND RULES OF PROCEDURE

TITLE 11 - JUVENILE CAUSES

CHAPTER 400 – DELINQUENCY AND CITATION

PROCEEDINGS

AMEND Rule 11-423 by updating the

terminology in the cross reference following section (c),

as follows:

Rule 11-423. REVISORY POWER; POST-DISPOSITION

HEARINGS

···

If the order sought to be modified or vacated

committed the respondent to the Department of Health

pursuant to Code, Courts Article, § 3-8A-19(h), (i), or

(j), the court shall proceed in accordance with those

sections.

Cross reference: Code, Courts Article, § 3-8A-19(h)

addresses the commitment of a child to the custody of

the Department of Health for inpatient care and

treatment in a State mental hospital. Subsection (i) of

that statute addresses commitment of a child to the

custody of the Department of Health for inpatient care

and treatment in a State mental retardation facility

facility for individuals with an intellectual disability.

Subsection (j) of that statute addresses the

requirement that a commitment order issued under

either subsection (i) or (j) must require the Department

of Health to file certain progress reports.

···

Rule 11-423 was accompanied by the following Reporter’s

note:

Proposed amendments to Rule 11-423

implement Chapter 444, 2024 Laws of Maryland (HB

432). The bill made technical amendments to a series

of statutes by replacing the term “mental retardation”

with “intellectual disability.”

MARYLAND RULES OF PROCEDURE

TITLE 4 – CRIMINAL CAUSES

CHAPTER 200 – TRIAL AND SENTENCING

AMEND Rule 4-314 by updating terminology in

subsection (b)(6), as follows:

Rule 4-314. DEFENSE OF NOT CRIMINALLY

RESPONSIBLE

···

(b) Procedure for Bifurcated Trial

···

(6) Order of Proof

(A) Evidence of mental disorder or mental

retardation intellectual disability as defined in Code,

Criminal Procedure Article, § 3-109 shall not be

admissible in the guilt stage of the trial for the purpose

of establishing the defense of lack of criminal

responsibility. This evidence shall be admissible for

that purpose only in the second stage following a

verdict of guilty.

···

Rule 4-314 was accompanied by the following Reporter’s

note:

Proposed amendments to Rule 4-314 implement

Chapter 444, 2024 Laws of Maryland (HB 432). The

bill made technical amendments to a series of statutes

by replacing the term “mental retardation” with

“intellectual disability.”

Judge Anderson informed the Committee that the proposed

amendments in Agenda Item 8 updated definitions that were

changed or added by statute.

She said that Chapters 348/349,

2024 Laws of Maryland (SB 550/HB 508) add a definition of “labor

trafficking,” which is added to the cross reference in Rule 11102 and necessitates an updated cross reference in Rule 11-302.

Judge Anderson said that Chapter 444, 2024 Laws of Maryland

(HB 432) made a series of technical amendments to replace the

term “mental retardation” with “intellectual disability.”

The

term is updated in the cross reference of Rule 11-102 and in

Rules 11-422, 11-423 and 4-314.

There being no motion to amend or reject the proposed

amendments to Rules 11-102, 11-302, 11-422, 11-423, and 4-314,

the Rules were approved as presented.

Agenda Item 9. Consideration of proposed amendments to Rule 6209 (Notice of Appointment) and Rule 6-311 (Notice of

Appointment)

Mr. Laws presented Rule 6-209, Notice of Appointment, and

Rule 6-311, Notice of Appointment, for consideration.

MARYLAND RULES OF PROCEDURE

TITLE 6 – SETTLEMENT OF DECEDENTS’ ESTATES

CHAPTER 200 – SMALL ESTATE

AMEND Rule 6-209 by updating the language in

the form notice in section (a) pertaining to objection to

the appointment, as follows:

Rule 6-209. NOTICE OF APPOINTMENT

(a) Notice

When notice of appointment is required to be

published by the order of the register, the personal

representative shall file the notice in duplicate in the

following form:

(FILE IN DUPLICATE)

______________________________________________________

(name and address of attorney)

SMALL ESTATE

NOTICE OF APPOINTMENT

Estate No. __________________________________________

NOTICE TO CREDITORS

NOTICE TO UNKNOWN HEIRS

TO ALL PERSONS INTERESTED IN THE ESTATE OF

_________________________.

Notice is given that __________ (name & address) was

on __________ (date) appointed personal representative

of the small estate of __________ who died on

__________ (date) (with) (without) a will.

Further information can be obtained by reviewing the

estate file in the office of the Register of Wills or by

contacting the personal representative or the attorney.

All interested persons or unpaid claimants having any

objection to the appointment shall file their objections

with the Register of Wills within 30 days after the date

of publication of this notice. All persons having an

objection to the probate of the will shall file their

objections with the Register of Wills within six months

after the date of publication of this Notice.

All persons having claims against the decedent must

serve their claims on the undersigned personal

representative or file them with the Register of Wills

with a copy to the undersigned on or before the earlier

of the following dates:

(1) Six months from the date of the decedent's death,

(2) Thirty days after the personal representative mails

or otherwise delivers to the creditor a copy of this

published notice or other written notice, notifying the

creditor that the claims will be barred unless the

creditor presents the claim within thirty days from the

mailing or other delivery of the notice. Any claim not

served or filed within that time, or any extension

provided by law, is unenforceable thereafter.

________________________________________________

Personal Representative(s)

True Test Copy

Name and Address of Register of Wills for

______________________________________________________

Name of newspaper designated by personal

representative

______________________________________________________

(b) Modification of Form

If the initial appointment is made under judicial

probate, this form may be modified to delete reference

to the notice of the right to object to the appointment

of the personal representative or to the probate of the

decedent's will, as applicable.

The register shall cause the notice to be

published once in a newspaper of general circulation

in the county of appointment.

(d) Certificate of Publication

Within 60 days after publication, the personal

representative shall cause to be filed with the register

a certification that the required newspaper notice has

been published.

Cross reference: Code, Estates and Trusts Article, §§

7-103 and 5-604 (b); Rule 6-401.

Rule 6-209 was accompanied by the following Reporter’s

note:

The proposed amendment to Rule 6-209

implements Chapter 318/319, 2024 Laws of Maryland

(SB 80/HB326). The bill alters a provision in the

notice of appointment of the personal representative.

It limits who the notice states can object to the

appointment to “all interested persons and unpaid

claimants.” The form in the amended statute (Code,

Estates and Trusts Article, § 7-103) is referenced in

the small estate title (Code, Estates and Trusts Article,

§ 5-603 (b)), and a version of it is included in Rule 6209. The proposed amendment to the form in section

(a) updates the provision relating to objections to

conform it to the comparable provision in the notice of

appointment in a regular estate.

MARYLAND RULES OF PROCEDURE

TITLE 6 – SETTLEMENT OF DECEDENTS’ ESTATES

CHAPTER 300 – OPENING ESTATES

AMEND Rule 6-311 by replacing certain

language in the form notice in section (a) pertaining to

objection to the appointment, as follows:

Rule 6-311. NOTICE OF APPOINTMENT

(a) Notice

The petitioner shall file with the register, in

duplicate, a notice of appointment in the following

form:

(FILE IN DUPLICATE)

______________________________________________________

(name and address of attorney)

NOTICE OF APPOINTMENT

NOTICE TO CREDITORS

NOTICE TO UNKNOWN HEIRS

Estate No.

____________________________________________

TO ALL PERSONS INTERESTED IN THE ESTATE OF

_________________________.

Notice is given that __________ (name & address) was

on __________ (date) appointed personal representative

of the estate of __________ who died on __________

(date) (with) (without) a will.

Further information can be obtained by reviewing the

estate file in the office of the Register of Wills or by

contacting the personal representative or the attorney.

All persons having any objection to the appointment

(or to the probate of the decedent's will) shall file their

objections with the Register of Wills on or before the

___ day of __________ (6 months from date of

appointment), __________ (year).

All interested persons or unpaid claimants having any

objection to the appointment of the personal

representative shall file their objection with the

(6 months from date of appointment), __________ (year).

All persons having any objection to the probate of the

will of the decedent shall file their objections with the

(6 months from date of appointment), __________ (year).

Any person having a claim against the decedent must

present the claim to the undersigned personal

representative or file it with the Register of Wills with a

copy to the undersigned on or before the earlier of the

following dates:

(1) Six months from the date of the decedent's death,

(2) Two months after the personal representative mails

or otherwise delivers to the creditor a copy of this

published notice or other written notice, notifying the

creditor that the claim will be barred unless the

creditor presents the claims within two months from

the mailing or other delivery of the notice. A claim not

presented or filed on or before that date, or any

extension provided by law, is unenforceable thereafter.

Claim forms may be obtained from the Register of

Wills.

________________________________________________

Personal Representative(s)

________________________________________________

True Test Copy

Name and Address of Register of Wills for

______________________________________________________

Name of newspaper designated by personal

representative

______________________________________________________

(b) Modification of Form

If the initial appointment is made under judicial

probate, this form may be modified to delete reference

to the notice of the right to object to the appointment

of the personal representative or to the probate of the

decedent's will, as applicable. If there was a prior small

estate proceeding, the form shall be modified to state

that fact. If the initial appointment was made more

than six months after the decedent's death, the form

may be modified to eliminate the reference to persons

having a claim against the estate.

Cross reference: Code, Estates and Trusts Article, §§

7-103 and 8-104; Rule 6-401.

Rule 6-311 was accompanied by the following Reporter’s

note:

The proposed amendment to Rule 6-311

implements Chapter 318/319, 2024 Laws of Maryland

(SB 80/HB326). The bill alters a provision in the

notice of appointment of the personal representative.

It limits who the notice states can object to the

appointment to “all interested persons and unpaid

claimants.” The form in section (a) of the Rule is

updated to conform to the language in the statute.

Mr. Laws said that Chapters 318/319, 2024 Laws of Maryland

(SB 80/HB 326), alter a provision in the notice of appointment

of a personal representative.

The change limits the class of

people that the notice states can object to the appointment.

Rule 6-209 updates the form notice used in a small estate to

effectuate this change.

Rule 6-311 conforms the notice for a

regular estate to the statute.

Chief Judge Morrissey commented that there has been a

movement to remove forms from the Rules and allow the State

Court Administrator to promulgate and amend forms through an

administrative process.

He said that the Judicial Council’s

Forms Subcommittee tracks legislation and other factors that

necessitate changes to court forms and moves more quickly than

the Rules process.

The Deputy Reporter commented that the forms

in Title 6 are used by the various Register of Wills offices and

have largely remained in the Rules because the Registers are not

under the auspices of the Administrative Office of the Courts.

Chief Judge Morrissey replied that since that is the case, he

does not have an issue with retaining the current procedure for

Title 6 forms.

There being no motion to amend or reject the proposed

amendments to Rules 6-209 and 6-311, they were approved as

presented.

Agenda Item 10. Consideration of proposed amendments to Rule

10-103 (Definitions) and Rule 10-111 (Petition for Guardianship

of Minor)

Mr. Laws presented Rule 10-103, Definitions, for

consideration.

MARYLAND RULES OF PROCEDURE

TITLE 10 – GUARDIANS AND OTHER FIDUCIARIES

CHAPTER 100 – GENERAL PROVISIONS

AMEND Rule 10-103 by replacing “Department

of Veterans Affairs” with “Department of Veterans and

Military Families” in subsection (f)(1), as follows:

Rule 10-103. DEFINITIONS

In this Title the following definitions apply except as

expressly otherwise provided or as necessary

implication requires:

···

(f) Interested Person

(1) In connection with a guardianship of the person

or the authorization of emergency protective services,

“interested person” means the minor or the disabled

person; the guardian and heirs of that person; a

governmental agency paying benefits to that person or

a person or agency eligible to serve as guardian of the

person under Code, Estates and Trusts Article, § 13707; the Department of Veterans Affairs Department of

Veterans and Military Families as directed by Code,

Estates and Trusts Article, § 13-801; a supporter

named in a supported decision-making agreement

under Code, Estates and Trusts Article, Title 18; a

person holding a power of attorney of the minor or

disabled person; and any other person designated by

the court.

(2) In connection with a guardianship of the

property or other fiduciary proceedings, “interested

person” means a person who would be an interested

person under subsection (f)(1) of this Rule and a

current income beneficiary of the fiduciary estate; a

fiduciary and co-fiduciary of the fiduciary estate; and

the creator of the fiduciary estate.

(3) If an interested person is a minor or disabled

person, “interested person” includes a fiduciary

appointed for that person, or, if none, the parent or

other person who has assumed responsibility for the

interested person.

Cross reference: Code, Estates and Trusts Article, §§

13-101(j) and 13-801.

···

Rule 10-103 was accompanied by the following Reporter’s

note:

The proposed amendment to Rule 10-103

implements Chapters 11/12, 2024 Laws of Maryland

(SB 411/HB 432). The bill renamed the Maryland

Department of Veterans Affairs to be the Department

of Veterans and Military Families, among other

terminology adjustments. Because the federal

counterpart of this agency is also named the

Department of Veterans Affairs, a contextual review

was undertaken of each reference to a Department of

Veterans Affairs” in the Rules to ascertain whether any

are intended to refer to the State agency. Staff also

consulted with the Assistant Attorney General for the

Department.

Rule 10-103 (f) cites to Code, Estates and Trusts

Article, § 13-801, which makes the Secretary of the

renamed Maryland Department of Veterans and

Military Families an interested person in a

guardianship proceeding involving an individual

receiving money from the federal department.

Subsection (f)(1) is amended to change the name of the

Maryland department.

Mr. Laws informed the Committee that, after discussions

with staff, the Probate/Fiduciary Subcommittee withdraws the

recommendation to amend Rule 10-103 (Definitions).

He explained

that the Subcommittee has now been informed that Chapters 11/12,

2024 Laws of Maryland (SB 411/HB 432), which changed the name of

Maryland’s Department of Veterans Affairs to the Department of

Veterans and Military Families, do not necessitate an amendment

to Rule 10-103.

He said that the Rule should continue to refer

to the Department of Veterans Affairs, which is the federal

agency.

A motion to accept the Subcommittee’s subsequent

recommendation of no amendment to Rule 10-103 was made,

seconded, and approved by consensus.

Mr. Laws presented Rule 10-111, Petition for Guardianship

of Minor, for consideration.

MARYLAND RULES OF PROCEDURE

TITLE 10 – GUARDIANS AND OTHER FIDUCIARIES

CHAPTER 100 – GENERAL PROVISIONS

AMEND Rule 10-111 by altering a reference to

the head of the Department of Veterans Affairs in the

instructions, as follows:

Rule 10-111. PETITION FOR GUARDIANSHIP OF

MINOR

···

ADDITIONAL INSTRUCTIONS

1. The required exhibits are as follows:

(a) A copy of any instrument nominating a guardian

[Code, Estates and Trusts Article, § 13-701 and

Maryland Rule 10-301 (d)];

(b) If the petition is for the appointment of a guardian

for a minor who is a beneficiary of the Department of

Veterans Affairs, a certificate of the Administrator or

the Administrator's authorized representative

Secretary of that Department or any authorized

representative of the Secretary, setting forth the age of

the minor as shown by the records of the Department

of Veterans Affairs, and the fact that appointment of a

guardian is a condition precedent to the payment of

any moneys due the minor from the Department of

Veterans Affairs shall be prima facie evidence of the

necessity for the appointment [Code, Estates and

Trusts Article, § 13-802 and Maryland Rule 10-301

(d)].

2. Attached additional sheets to answer all the

information requested in this petition, if necessary.

Source: This Rule is new.

Rule 10-111 was accompanied by the following Reporter’s

note:

The proposed amendment to Rule 10-111 was

prompted by Chapters 11/12, 2024 Laws of Maryland

(SB 411/HB 432). The bill renamed the Maryland

Department of Veterans Affairs to be the Department

of Veterans and Military Families, among other

terminology adjustments. Because the federal

counterpart of this agency is also named the

Department of Veterans Affairs, a contextual review

was undertaken of each reference to a Department of

Veterans Affairs” in the Rules to ascertain whether any

are intended to refer to the State agency. Staff also

consulted with the Assistant Attorney General for the

Department.

It was determined that Rule 10-111 contains an

incorrect reference to an “Administrator” of the

Department. The referenced statute and Rule 10-301

refer to the U.S. Department and “a certificate of the

Secretary of that Department or any authorized

representative of the Secretary.” A housekeeping

amendment is proposed to Rule 10-111.

Mr. Laws informed the Committee that the amendment to Rule

10-111 is necessary to update terminology when referring to the

federal Department of Veterans Affairs.

The head of the

Department is the “Secretary.”

There being no motion to amend or reject the proposed

amendment to Rule 10-111, it was approved as presented.

Agenda Item 11. Consideration of proposed amendments to Rule

10-201 (Petition for Appointment of a Guardian of the Person),

Rule 10-202 (Certificates and Consents), Rule 10-402 (Petition

by Parent), and Rule 10-403 (Petition by Standby Guardian)

Mr. Laws presented Rule 10-201, Petition for Appointment of

a Guardian of the Person, for consideration.

MARYLAND RULES OF PROCEDURE

TITLE 10 – GUARDIANS AND OTHER FIDUCIARIES

CHAPTER 200 – GUARDIAN OF PERSON

AMEND Rule 10-201 by stating that a request

pursuant to section (f) may be filed any time after the

filing of a petition, as follows:

Rule 10-201. PETITION FOR APPOINTMENT OF A

GUARDIAN OF THE PERSON

...

(f) Request for Expedited Hearing in Connection with

Medical Treatment

(1) Contents

A request for an expedited hearing in connection

with medical treatment pursuant to Code, Estates and

Trust Article, § 13-705 (f) shall be verified and filed

with the petition for guardianship of the person of an

alleged disabled person or at any time after the filing of

the petition. The request shall contain the following

information:

(A) the reason for seeking an expedited hearing;

(B) a description of the proposed change in the

alleged disabled person's medical treatment;

person's medical circumstances will be harmed if the

proceeding is not expedited;

(D) a description of all efforts made to notify

interested persons and any person nominated as

guardian of person about the request for an expedited

hearing; and

(E) whether the alleged disabled person lacks

sufficient understanding or capacity to make or

communicate a responsible decision to consent or to

refuse consent, the basis for that belief, and an

explanation of steps taken to obtain consent to the

proposed medical treatment through other means.

Committee note: Examples of consent “through other

means” include consent obtained or ascertained

though a valid advance directive, consent by an

individual pursuant to an applicable Power of Attorney

that specifically authorizes health care decisionmaking, and consent by a surrogate authorized under

Code, Health General Article, Title 5, Subtitle 6, Part I

(Health Care Decisions Act).

(2) Factors for Court to Consider

In determining whether to expedite the hearing

in connection with medical treatment, the court shall

consider:

(A) the degree to which the alleged disabled

person's current circumstances are not meeting his or

her medical needs in the most appropriate manner;

(B) the degree to which alternative arrangements

are or can be made available;

proposed medical treatment and any medical risks to

the alleged disabled person if the proceedings are not

expedited;

(D) the ability of the alleged disabled person or

other legally authorized individual to provide necessary

consents for services; and

(E) any other factor that the court considers

relevant.

(3) Scheduling of an Expedited Hearing

If the court makes a determination to expedite a

hearing because of the need for medical treatment, the

hearing shall be scheduled as soon as practicable,

taking into account:

(A) the ability of the petitioner to properly serve or

notify interested persons on an expedited basis;

(B) the ability of the attorney for the alleged

disabled person, government agencies, and courtappointed investigators to perform necessary

investigations on an expedited basis; and

considers relevant.

Committee note: The procedure set forth in section (f)

of this Rule is not a substitute for a petition for

emergency services under Rule 10-210, nor is it

intended to affect the court's discretion to schedule

expedited hearings, generally. If the petition is also for

the appointment of a guardian of the property, the

court may hear and rule on that part of the petition on

an expedited basis as well.

Cross reference: See Code, Estates and Trusts Article,

§§ 13-702 and 13-705 (f), Rule 10-205 (b), and In re:

Sonny E. Lee, 132 Md. App. 696 (2000).

Source: This Rule is derived as follows:

Section (a) is derived from former Rule R71 a.

Section (b) is new.

Section (c) is derived from former Rule R72 a and b.

Section (d) is new.

Section (e) is new.

Section (f) is new.

Rule 10-201 was accompanied by the following Reporter’s

note:

The proposed amendment to Rule 10-201 was

recommended by Juvenile & Family Services in the

Administrative Office of the Courts to clarify that a

petition for an expedited hearing in connection with

medical treatment – authorized by section (f) of the

Rule – may be filed at the same time as or any time

after the filing of a petition for guardianship under

Chapter 200. The current wording of the Rule

suggests that the petition for an expedited hearing

may only be filed at the same time as the petition for

guardianship. However, this may become necessary

after the guardianship petition has been filed.

Mr. Laws explained that Juvenile & Family Services in the

Administrative Office of the Courts requested the amendment to

Rule 10-201 to clarify that a motion for expedited hearing in

connection with medical treatment may be filed contemporaneously

with a petition for guardianship of the person or at any time

after the petition is filed.

He said that the update is

intended to permit flexibility in the guardianship process if

the need for expedited consideration arises after the initial

filing.

There being no motion to amend or reject the proposed

amendment to Rule 10-201, it was approved as presented.

Mr. Laws presented Rule 10-202, Certificates and Consents,

for consideration.

MARYLAND RULES OF PROCEDURE

TITLE 10 – GUARDIANS AND OTHER FIDUCIARIES

CHAPTER 200 – GUARDIAN OF PERSON

AMEND Rule 10-202 by changing references to a

“disabled person” in section (a) to an “alleged disabled

person,” as follows:

Rule 10-202. CERTIFICATES AND CONSENTS

(a) Certificates

(1) Generally Required

If guardianship of the person of a an alleged

disabled person is sought, the petitioner shall file with

the petition signed and verified certificates of the

following persons who have examined or evaluated the

alleged disabled person: (A) two physicians licensed to

practice medicine in the United States, or (B) one such

licensed physician and one licensed psychologist,

licensed certified social worker-clinical, or nurse

practitioner. An examination or evaluation by at least

one of the health care professionals shall have been

within 21 days before the filing of the petition.

(2) Form

Each certificate required by subsection (a)(1) of

this Rule shall be substantially in the form approved

by the State Court Administrator, posted on the

Judiciary website, and available in the offices of the

clerks of the circuit courts.

(3) Absence of Certificates

(A) Refusal to Permit Examination

If the petition is not accompanied by the

required certificate and the petition alleges that the

alleged disabled person is residing with or under the

control of a person who has refused to permit

examination or evaluation by a physician,

psychologist, licensed certified social worker-clinical,

or nurse practitioner, and that the alleged disabled

person may be at risk unless a guardian is appointed,

the court shall defer issuance of a show cause order.

The court shall instead issue an order requiring that

the person who has refused to permit the alleged

disabled person to be examined or evaluated appear

personally on a date specified in the order and show

cause why the alleged disabled person should not be

examined or evaluated. The order shall be personally

served on that person and on the alleged disabled

person.

(B) Appointment of Health Care Professionals by

Court

If the court finds after a hearing that

examinations are necessary, it shall appoint (i) two

physicians or (ii) one physician and one psychologist,

licensed certified social worker-clinical, or nurse

practitioner to conduct the examinations or the

examination and evaluation and file their reports with

the court. If both health care professionals find the

person to be disabled, the court shall issue a show

cause order requiring the alleged disabled person to

answer the petition for guardianship and shall require

the petitioner to give notice pursuant to Rule 10-203.

Otherwise, the petition shall be dismissed.

Cross reference: See Code, Estates and Trusts Article,

§ 13-705.

...

Rule 10-202 was accompanied by the following Reporter’s

note:

Proposed amendments to Rule 10-202 are

recommended by Juvenile & Family Services in the

Administrative Office of the Courts. Section (a) of the

Rule uses the term “disabled person” to refer to an

individual who has not yet been adjudged to be

disabled by a court. The term is amended to be

“alleged disabled person” throughout the Rule.

Mr. Laws informed the Committee that the amendments to Rule

10-202 add “alleged” before “disabled person” when referring to

an individual who has not yet been adjudicated to be disabled.

He noted that these amendments also were recommended by Juvenile

& Family Services.

There being no motion to amend or reject the proposed

amendments to Rule 10-202, the Rule was approved as presented.

Mr. Laws presented Rule 10-402, Petition by Parent, and

Rule 10-403, Petition by Standby Guardian, for consideration.

MARYLAND RULES OF PROCEDURE

TITLE 10 – GUARDIANS AND OTHER FIDUCIARIES

CHAPTER 400 – STANDBY GUARDIAN

AMEND Rule 10-402 by deleting “or any such

charge is currently pending against the standby

guardian” from subsection (c)(12) and by altering a

provision in the Notice issued pursuant to section (e),

as follows:

Rule 10-402. PETITION BY PARENT

...

The petition shall be captioned “In the Matter of

...” [stating the name of the minor]. It shall be signed

and verified by the petitioner and shall include the

following information:

(1) The petitioner's name, address, age, and

telephone number;

(2) The petitioner's familial relationship to the

minor;

(3) The name, address, and date of birth of the

minor;

(4) If the minor is at least 14 years of age, the

wishes of the minor, if known;

(5) Whether the minor has any siblings and, if so,

their names and ages and whether a standby

guardianship is sought for them;

(6) The proposed standby guardian's name, address,

age, and telephone number;

(7) The proposed standby guardian's relationship to

the minor;

(8) A statement explaining why the appointment of

the proposed standby guardian is in the best interests

of the minor;

(9) Whether and under what circumstances the

standby guardianship is to be of the minor's person,

property, or both;

(10) If the standby guardian is to be a guardian of

the property of the minor, the nature, value, and

location of the property;

(11) A description of the duties and powers of the

standby guardian, including whether the standby

guardian is to have the authority to apply for, receive,

and use public benefits and child support payable on

behalf of the minor;

Cross reference: For the powers of a guardian of the

person of a minor, see Code, Estates and Trusts

Article, § 13-702. For the powers of a guardian of the

property, see Code, Estates and Trusts Article, § 15102.

(12) A statement (A) whether the standby guardian

has been convicted of a crime listed in Code, Estates

and Trusts Article, § 11-114 or any such charge is

currently pending against the standby guardian, and

(B) if the standby guardian has been convicted of such

a crime, the charge for which the standby guardian

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);

(13) Whether the authority of the standby guardian

is to become effective on the petitioner's incapacity,

death, or the first of those circumstances to occur;

Cross reference: Code, Estates and Trust Article, § 13906.

(14) A statement that there is a significant risk that

the petitioner will become incapacitated or die within

two years of the filing of the petition and the basis for

the statement;

Cross reference: Code, Estates and Trusts Article, §

13-903 (a).

(15) If the petitioner is unable to appear in court for

a hearing pursuant to Rule 10-404, a statement

explaining why;

(16) If a person having parental rights does not join

in the petition, a statement to that effect and the

following information, to the extent known: (A) the

identity of the person, (B) if the identity of the person

is not known, what efforts were made to identify and

locate the person, and (C) if the identity of the person

is known, the reasons the person did not join the

petition, if known, and a description of the efforts

made to inform the person about the petition; and

(17) If the petitioner believes that notice to the

minor would be unnecessary or would not be in the

best interests of the minor, a statement explaining

why.

...

(e) Notice to Interested Persons

The Notice to Interested Persons shall be in the

following form:

In the Matter of

In the Circuit Court for

_______________________

________________________

(Name of minor)

(County)

________________________

(docket reference)

NOTICE TO INTERESTED PERSONS

A petition has been filed seeking the

appointment of a standby guardian of the [person]

[property] [person and property] of ___________________,

a minor.

You are receiving this because you are related to

or otherwise concerned with the welfare of the minor.

Please examine the attached papers carefully.

If you object to the appointment of a standby

guardian, please file a response with the court at

(address of courthouse) no later than 30 days after the

date of issue of this Notice. (Be sure to include the

case number.) If a response is not received by the

court, the court may rule on the petition without a

hearing your input. If you wish to participate in this

proceeding in any way, notify the court and be

prepared to attend any hearing.

CERTIFICATE OF SERVICE

I certify that a copy of the petition and the

“Notice to Interested Persons” was mailed, by ordinary

mail, postage prepaid, and by certified mail, postage

prepaid and return receipt requested, this ____ day of

_______, to _____________ at

________________________________________.

_________________________________________

Petitioner

_________________________________________

Name (printed)

_________________________________________

Address

_________________________________________

Telephone Number

...

Rule 10-402 was accompanied by the following Reporter’s

note:

Proposed amendments to Rule 10-202 are

recommended by Juvenile & Family Services in the

Administrative Office of the Courts. The amendment

to subsection (c)(12) removes the requirement that a

pending charge against a candidate for standby

guardian be disclosed in the petition. The

Probate/Fiduciary Subcommittee was informed that

this language was added to the Rule, but is not

required by the governing statute (Code, Estates and

Trusts Article, § 11-114). The statute provides that a

court may not appoint a person convicted of certain

offenses as a standby guardian without good cause

shown, but including a pending charge in the analysis

raises the standard proposed by the statute. No other

type of guardianship petition requires disclosure of a

pending charge.

According to Juvenile & Family Services, due to

disproportionate rates of arrest for marginalized

individuals, this requirement unnecessarily burdens

prospective standby guardians from communities of

color, particularly immigrant communities.

An additional amendment is proposed in section

(e). The Notice in section (e) states that the court may

Rule on the petition without a hearing. However, Rule

10-404 requires a hearing on any petition filed

pursuant to Rule 10-402. It is recommended that the

reference to ruling without a hearing be deleted from

the Notice in section (e).

MARYLAND RULES OF PROCEDURE

TITLE 10 – GUARDIANS AND OTHER FIDUCIARIES

CHAPTER 400 – STANDBY GUARDIAN

AMEND Rule 10-403 by deleting “or any such

charge is currently pending against the standby

guardian” from subsection (c)(10), as follows:

Rule 10-403. PETITION BY STANDBY GUARDIAN

...

The petition shall be captioned “In the Matter of

...” [stating the name of the minor]. It shall be signed

and verified by the petitioner and shall contain the

following information:

(1) The petitioner's name, address, age, telephone

number, and relationship to the minor and the minor's

parents;

(2) The name, address, and date of birth of the

minor;

(3) If the minor is at least 14 years of age, the

wishes of the minor, if known;

(4) Whether the minor has any siblings and, if so,

their names and ages and whether a guardianship is

sought for them;

(5) The names and addresses of the witnesses to the

written designation of the petitioner as standby

guardian of the minor and any relationship of the

petitioner to those witnesses;

(6) A statement explaining why the appointment of

the proposed standby guardian is in the best interests

of the minor;

(7) Whether and under what circumstances the

standby guardianship is to be of the minor's person,

property, or of both;

(8) If the standby guardian is to be a guardian of the

property of the minor, the nature, value, and location

of the property;

(9) A description of the duties and powers of the

standby guardian, including whether the standby

guardian is to have the authority to apply for, receive,

and use public benefits and child support payable on

behalf of the minor;

(10) A statement (A) whether the standby guardian

has been convicted of a crime listed in Code, Estates

and Trusts Article, § 11-114 or any such charge is

currently pending against the standby guardian, and

(B) if the standby guardian has been convicted of such

a crime, the charge for which the standby guardian

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);

(11) If the petition is filed by a person designated by

a parent as alternate standby guardian pursuant to

Code, Estates and Trusts Article, § 13-904 (b)(2), a

statement that the person designated as standby

guardian is unwilling or unable to act as standby

guardian and the basis for the statement; and

(12) A list of interested persons.

...

Rule 10-403 was accompanied by the following Reporter’s

note:

The proposed amendment to Rule 10-202 are

recommended by Juvenile & Family Services in the

Administrative Office of the Courts. The amendment

to subsection (c)(12) removes the requirement that a

pending charge against a candidate for standby

guardian be disclosed in the petition. See the

Reporter’s note to Rule 10-402.

Mr. Laws informed the Committee that the amendments to

Rules 10-402 and 10-403 apply to standby guardianships, which

are temporary guardianships for minors put in place when a

parent or guardian anticipates some kind of incapacity due to

medical treatment, death, or adverse immigration action.

standby guardianship is limited in duration.

The

He said that the

amendments delete the requirement that the petition disclose any

pending charges for a disqualifying offense.

He explained that

this requirement in the Rules goes further than the requirement

of the statute, which only requires disclosure of a conviction

for certain offenses.

The Chair commented that standby guardians are typically

designated by the parent to act in the parent’s place for a

temporary period while the parent is incapacitated.

for any comment on the proposed amendments.

He called

Ms. Meredith asked

why a pending charge for a disqualifying offense should not be

disclosed.

Mr. Laws said that the Subcommittee discussed the

issue, and one concern is that it makes it harder to find

individuals willing to step up to be standby guardians.

Ms.

Cobun added that there also is a potential disparate impact on

immigrant communities in which there may be a disproportionate

number of arrests that do not lead to convictions.

Judge Chen

commented that the Reporter’s note indicates that the amendments

conform the Rule to the requirements of the statute.

Mr. Laws pointed out that an additional amendment to Rule

10-402 makes a change to the Notice to Interested Persons form.

He explained that the current form states that if the interested

person does not respond, the court may rule without a hearing;

however, Rule 10-404 requires that there be a hearing on the

petition.

The form is updated to state that the court may rule

“without your input” if the interested person does not respond.

There being no motion to amend or reject the proposed

amendments to Rules 10-402 and 10-403, they were approved as

presented.

Agenda Item 12. Consideration of proposed amendments to Rule 4252 (Motions in Circuit Court) and Rule 11-419 (Motions)

Assistant Reporter Cobun presented Rule 4-252, Motions in

Circuit Court, and Rule 11-419, Motions, for consideration.

MARYLAND RULES OF PROCEDURE

TITLE 4 – CRIMINAL CAUSES

CHAPTER 200 – PRETRIAL PROCEDURES

AMEND Rule 4-252 by adding a cross reference

following subsection (a)(3), as follows:

Rule 4-252. MOTIONS IN CIRCUIT COURT

(a) Mandatory Motions

In the circuit court, the following matters shall be

raised by motion in conformity with this Rule and if

not so raised are waived unless the court, for good

cause shown, orders otherwise:

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

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

failure to show jurisdiction in the court or its failure to

charge an offense;

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

or oral communication, or pretrial identification;

Cross reference: See Code, Criminal Procedure Article,

Title 2, Subtitle 5 regarding admissibility of results

generated by facial recognition technology.

(4) An unlawfully obtained admission, statement, or

confession; and

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

regarding admissibility of a statement made by a child,

including a child charged as an adult, during a

custodial interrogation.

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

or offenses.

(b) Time for Filing Mandatory Motions

A motion under section (a) of this Rule shall be

filed within 30 days after the earlier of the appearance

of counsel or the first appearance of the defendant

before the court pursuant to Rule 4-213(c), except

when discovery discloses the basis for a motion, the

motion may be filed within five days after the discovery

is furnished.

A request to transfer an action to juvenile court

pursuant to Code, Criminal Procedure Article, § 4-202

shall be made by separate motion entitled “Motion to

Transfer to Juvenile Court.” The motion shall be filed

within 30 days after the earlier of the appearance of

counsel or the first appearance of the defendant before

the court pursuant to Rule 4-213(c) and, if not so

made, is waived unless the court, for good cause

shown, orders otherwise.

Cross reference: For notification of victims of their

right to file a victim impact statement in transfers of

actions to juvenile court, see Code, Criminal Procedure

Article, § 11-402(c).

(d) Other Motions

(1) Defect in Charging Document

A motion asserting failure of the charging

document to show jurisdiction in the court or to

charge an offense may be raised and determined at

any time.

(2) Child Victim of Trafficking--Court Determination

A motion seeking relief under Code, Criminal

Law Article, § 1-402 may be raised at any time prior to

entry of judgment. The court shall follow the

procedure set forth in Rule 11-420.2. “Petition” as

used in Rule 11-420.2 shall be construed to refer to a

“charging document.” “Disposition” as used in Rule

11-420.2 shall be construed to refer to a “judgment.”

Cross reference: See Code, Courts Article, § 3-8A17.13.

(3) Any Other Motion

Any other defense, objection, or request capable

of determination before trial without trial of the

general issue, shall be raised by motion filed at any

time before trial.

(e) Content

A motion filed pursuant to this Rule shall be in

writing unless the court otherwise directs, shall state

the grounds upon which it is made, and shall set forth

the relief sought. A motion alleging an illegal source of

information as the basis for probable cause must be

supported by precise and specific factual averments.

Every motion shall contain or be accompanied by a

statement of points and citation of authorities.

(f) Response

A response, if made, shall be filed within 15 days

after service of the motion and contain or be

accompanied by a statement of points and citation of

authorities.

(g) Determination

(1) Generally

Motions filed pursuant to this Rule shall be

determined before trial and, to the extent practicable,

before the day of trial, except that the court may defer

until after trial its determination of a motion to

dismiss for failure to obtain a speedy trial. If factual

issues are involved in determining the motion, the

court shall state its findings on the record.

(2) Motions Concerning Transfer of Jurisdiction to

the Juvenile Court

A motion to transfer jurisdiction of an action to

the juvenile court shall be determined within 10 days

after the hearing on the motion.

Cross reference: See Rule 4-223 for the procedure for

detaining a juvenile defendant pending a

determination of transfer of the case to the juvenile

court. See also Davis v. State, 474 Md. 439 (2021) for

discussion of the statutory factors in Code, Criminal

Procedure Article, § 4-202(d) governing transfer of

jurisdiction to the juvenile court.

(h) Effect of Determination of Certain Motions

(1) Defect in Prosecution or Charging Document. If

the court grants a motion based on a defect in the

institution of the prosecution or in the charging

document, it shall order the defendant released on

personal recognizance unless the crime charged is a

crime of violence as defined in Code, Criminal Law

Article, § 14-101, in which case the court may release

the defendant on any terms and conditions that the

court considers appropriate or may order that the

defendant be remanded to custody for a specific time

period not to exceed ten days pending the filing of a

new charging document.

(2) Suppression of Evidence

(A) If the court grants a motion to suppress

evidence, the evidence shall not be offered by the State

at trial, except that suppressed evidence may be used

in accordance with law for impeachment purposes.

The court may not reconsider its grant of a motion to

suppress evidence unless before trial the State files a

motion for reconsideration based on (i) newly

discovered evidence that could not have been

discovered by due diligence in time to present it to the

court before the court's ruling on the motion to

suppress evidence, (ii) an error of law made by the

court in granting the motion to suppress evidence, or

(iii) a change in law. The court may hold a hearing on

the motion to reconsider. Hearings held before trial

shall, whenever practicable, be held before the judge

who granted the motion to suppress. If the court

reverses or modifies its grant of a motion to suppress,

the judge shall prepare and file or dictate into the

record a statement of the reasons for the action taken.

(B) If the State appeals a decision of the trial court

granting a motion to suppress evidence in a case in

which the defendant is charged with a crime of

violence as defined in Code, Criminal Law Article, § 14101, the court may release the defendant on any terms

and conditions that the court considers appropriate or

may order the defendant remanded to custody pending

the outcome of the appeal.

evidence, the ruling is binding at the trial unless the

court, on the motion of a defendant and in the exercise

of its discretion, grants a supplemental hearing or a

hearing de novo and rules otherwise. A pretrial ruling

denying the motion to suppress is reviewable on a

motion for a new trial or on appeal of a conviction.

(3) Transfer of Jurisdiction to Juvenile Court

If the court grants a motion to transfer

jurisdiction of an action to the juvenile court, the court

shall enter a written order waiving its jurisdiction and

ordering that the defendant be subject to the

jurisdiction and procedures of the juvenile court. In

its order the court shall (A) release or continue the

pretrial release of the defendant, subject to appropriate

conditions reasonably necessary to ensure the

appearance of the defendant in the juvenile court or

(B) place the defendant in detention or shelter care

pursuant to Code, Courts Article, § 3-8A-15. Until a

juvenile petition is filed, the charging document shall

have the effect of a juvenile petition for the purpose of

imposition and enforcement of conditions of release or

placement of the defendant in detention or shelter

care.

Cross reference: Code, Criminal Procedure Article, §

4-202.

Committee note: Subsections (a)(1) and (2) include,

but are not limited to allegations of improper selection

and organization of the grand jury, disqualification of

an individual grand juror, unauthorized presence of

persons in the grand jury room, and other

irregularities in the grand jury proceedings. Section

(a) does not include such matters as former jeopardy,

former conviction, acquittal, statute of limitations,

immunity, and the failure of the charging document to

state an offense.

Source: This Rule is derived from former Rule 736.

Rule 4-252 was accompanied by the following Reporter’s

note:

Chapters 808/809, 2024 Laws of Maryland (SB

182/HB338), add a new subtitle to the Criminal

Procedure Article governing the use of facial

recognition technology. Code, Criminal Procedure

Article, § 2-502 prohibits use of facial recognition

technology as evidence in criminal and delinquency

proceedings, with certain exceptions.

In Rule 4-252, a cross reference to the new

statute is proposed to be added following subsection

(a)(3), which requires “an unlawful... pretrial

identification” to be raised by motion filed within the

time state in section (b) of the Rule. The new cross

reference is modeled after a similar provision recently

added following subsection (a)(4) pertaining to a law

governing admissibility of statements by a juvenile in a

custodial interrogation. A parallel reference is

proposed in Rule 11-419 governing motions in

delinquency proceedings.

MARYLAND RULES OF PROCEDURE

TITLE 11 – JUVENILE CAUSES

CHAPTER 400 – DELINQUENCY AND CITATION

PROCEEDINGS

AMEND Rule 11-419 by adding a cross reference

following subsection (b)(3), as follows:

Rule 11-419. MOTIONS

(a) Generally

(1) Content

A motion filed pursuant to this Rule shall (A) be

in writing, unless the court otherwise directs, (B) state

the grounds upon which it is made, and (C) set forth

the relief sought. A motion requesting suppression of

evidence or a motion alleging an illegal source of

information as the basis for probable cause shall be

supported by precise and specific factual averments.

Every motion shall contain or be accompanied by a

statement of points and citation of authorities.

(2) Response

A response, if made, shall be filed within 10 days

after service of the motion and contain or be

accompanied by a statement of points and citation of

authorities.

(3) Determination

Motions filed pursuant to this Rule shall be

determined on the day of trial but prior to trial, except

that the court may defer until after trial its

determination of a motion to dismiss for failure to

obtain a speedy trial. If factual issues are involved in

determining the motion, the court shall state its

findings on the record.

(b) Mandatory Motions—Generally

In a delinquency proceeding, the following

matters shall be raised by motion in conformity with

this Rule and if not so raised are waived unless the

court, for good cause shown, orders otherwise:

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

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

failure to show jurisdiction in the court or its failure to

charge an offense;

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

or oral communication, or pretrial identification;

Cross reference: See Code, Criminal Procedure Article,

Title 2, Subtitle 5 regarding admissibility of results

generated by facial recognition technology.

(4) An unlawfully obtained admission, statement, or

confession; and

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

regarding admissibility of a statement made by a child

during a custodial interrogation.

(5) A request for a joint trial or separate trials of

respondents or offenses.

(1) Mandatory Motions

A motion under section (b) of this Rule shall be

filed no later than five business days before the first

scheduled adjudicatory hearing, unless the court, for

good cause shown, orders otherwise.

(2) Other Motions

A motion asserting failure of the charging

document to show jurisdiction in the court or to

charge an offense may be raised and determined at

any time. Any other defense, objection, or request

capable of determination before trial without trial of

the general issue shall be raised by motion filed at any

time before trial.

Source: This Rule is new.

Rule 11-419 was accompanied by the following Reporter’s

note:

Chapters 808/809, 2024 Laws of Maryland (SB

182/HB338), add a new subtitle to the Criminal

Procedure Article governing the use of facial

recognition technology. Code, Criminal Procedure

Article, § 2-502 prohibits use of facial recognition

technology as evidence in criminal and delinquency

proceedings, with certain exceptions.

In Rule 11-419, a cross reference to the new

statute is proposed following subsection (b)(3), which

requires “an unlawful... pretrial identification” to be

raised by motion filed in conformity with the Rule. The

new cross reference is modeled after a similar

provision recently added following subsection (b)(4)

pertaining to a law governing admissibility of

statements by a juvenile in a custodial interrogation.

A parallel reference is proposed in Rule 4-252

governing motions in criminal proceedings.

Ms. Cobun explained that the proposed amendments to Rules

4-252 and 11-419 add a cross reference to alert the parties to

the requirements of a new subtitle of the Criminal Procedure

Article governing use of facial recognition technology.

Because

failure to comply with the provisions of the Code would render

unlawful a pretrial identification involving facial recognition

technology, the Criminal Rules and Juvenile Subcommittees

recommend adding a cross reference after Rule 4-252 (a)(4) and

Rule 11-419 (b)(3).

She noted that the cross reference is

modeled after a similar provision added last year following “an

unlawfully obtained admission, statement, or confession” which

refers to the statute on statements made by minors in a

custodial interrogation.

There being no motion to amend or reject the proposed

amendments to Rules 4-252 and 11-419, they were approved as

presented.

Ms. Cobun informed the Committee that Judge Chen had raised

a question via email prior to the meeting regarding whether the

discovery Rules should also be amended in light of the facial

recognition technology law.

Code, Criminal Procedure Article, §

2-504 mandates disclosure of certain information in discovery if

the technology is used.

Ms. Cobun said that the provisions of

the statute could be added to Rule 4-263 (d)(7), which addresses

discovery of material and information regarding pretrial

identification.

That subsection already specifically references

statutes governing eyewitness testimony.

Ms. Cobun added that

staff has not had a chance to conduct a search to see if any

other statutes contain such mandatory disclosures.

She told the

Committee that the Criminal Rules Subcommittee is meeting next

week if the Committee would like give staff and the Subcommittee

a chance to investigate further and make a recommendation for

the November Rules Committee meeting.

Judge Chen said that, in her opinion, being explicit about

the State’s mandatory discovery obligations is in everyone’s

best interest.

She moved to add the reference to Code, Criminal

Procedure Article, § 2-504 to Rules 4-262 and 4-263.

was seconded.

The Chair called for discussion.

The motion

Mr. Wells

commented that he has no issue with the merits of the proposed

change but would like to see the Criminal Rules Subcommittee

review the proposal.

The Chair called for a vote on Judge

Chen’s motion.

The motion failed.

Ms. Drummond said that

handout versions of Rules 4-262 and 4-263 will be prepared and

sent to the Criminal Rules Subcommittee for review at its

upcoming meeting.

Agenda Item 13. Consideration of Rules changes proposed by the

Criminal Rules Subcommittee

Assistant Reporter Drummond presented Rule 4-262, Discovery

in District Court; Rule 4-263, Discovery in Circuit Court

[Option A]; new Rule 4-268, Pre-Trial Hearing Prior to Admission

of In-Custody Witness Testimony [Option A]; and Rule 4-263,

Discovery in Circuit Court [Option B], for consideration.

MARYLAND RULES OF PROCEDURE

TITLE 4 – CRIMINAL CAUSES

CHAPTER 200 – PRETRIAL PROCEDURES

AMEND Rule 4-262 by adding a Committee note

after subsection (c)(2); by deleting the current tagline

of subsection (d)(1); by creating new subsections (d)(1)

and (d)(2) with the language of current subsection

(d)(1); by deleting the tagline and stem language of

current subsection (d)(2) requiring a defendant to

submit a written request to obtain certain disclosures;

by renumbering subsections (d)(2)(A) though (d)(2)(F)

as subsections (d)(3) through (d)(8), respectively; by

adding clarifying language and deleting language

referring to discovery requests in section (i); by adding

new language to section (n) concerning sanctions; and

by making stylistic changes, as follows:

Rule 4-262. DISCOVERY IN DISTRICT COURT

(a) Applicability

This Rule governs discovery and inspection in the

District Court. Discovery is available in the District

Court in actions that are punishable by imprisonment.

Committee note: This Rule also governs discovery in

actions transferred from District Court to circuit court

upon a jury trial demand made in accordance with

Rule 4-301 (b)(1)(B). See Rule 4-301 (c).

(b) Definitions

In this Rule, the terms “defense,” “defense

witness,” “oral statement,” “provide,” “State's witness,”

and “written statement” have the meanings stated in

Rule 4-263 (b).

Cross reference: For the definition of “State's

Attorney,” see Rule 4-102 (l).

(1) Due Diligence

The State's Attorney and defense shall exercise

due diligence to identify all of the material and

information that must be disclosed under this Rule.

(2) Scope of Obligations

The obligations of the State's Attorney and the

defense extend to material and information that must

be disclosed under this Rule and that are in the

possession or control of the attorney, members of the

attorney's staff, or any other person who either reports

regularly to the attorney's office or has reported to the

attorney's office in regard to the particular case.

Committee note: In many jurisdictions, the State

complies with discovery requirements imposed under

Rules 4-262 and 4-263 through “open file” discovery.

While, in appropriate cases, “open file” discovery may

satisfy the State’s discovery obligation, the full scope of

discovery may require provision of additional discovery

materials beyond that contained in the “open file,” as

expressly outlined in Rules 4-262 and 4-263.

Cross reference: For the obligations of the State's

Attorney, see State v. Williams, 392 Md. 194 (2006).

(d) Disclosure by the State's Attorney

(1) Without Request

Without the necessity of a request, the State's

Attorney shall provide to the defense:

(1) Exculpatory Information

all All material or information in any form,

whether or not admissible, that tends to exculpate the

defendant or negate or mitigate the defendant's guilt or

punishment as to the offense charged;

(2) Impeachment Information

and all All material or information in any form,

whether or not admissible, that tends to impeach a

State's witness.;

Cross reference: See Brady v. Maryland, 373 U.S. 83

(1963); Kyles v. Whitley, 514 U.S. 419 (1995); Giglio v.

U.S., 405 U.S. 150 (1972); U.S. v. Agurs, 427 U.S. 97

(1976); Thomas v. State, 372 Md. 342 (2002);

Goldsmith v. State, 337 Md. 112 (1995); and Lyba v.

State, 321 Md. 564 (1991).

(2) On Request

On written request of the defense, the State's

Attorney shall provide to the defense:

(A)(3) Statements of Defendant and Co-defendant

All written and all oral statements of the

defendant and of any co-defendant that relate to the

offense charged and all material and information,

including documents and recordings, that relate to the

acquisition of such statements;

(B)(4) Written Statements, Identity, and Telephone

Numbers of State's Witnesses

As to each State's witness the State's Attorney

intends to call to prove the State's case in chief or to

rebut alibi testimony: (i)(A) the name of the witness;

(ii)(B) except as provided under Code, Criminal

Procedure Article, § 11-205 or Rule 16-934, the

address and, if known to the State's Attorney, the

telephone number of the witness, and (iii)(C) the

statements of the witness relating to the offense

charged that are in a writing signed or adopted by the

witness or are in a police or investigative report;

(C)(5) Searches, Seizures, Surveillance, and

Pretrial Identification

All relevant material or information regarding:

(i)(A) specific searches and seizures,

eavesdropping, or electronic surveillance including

wiretaps; and

(ii)(B) pretrial identification of the defendant by a

State's witness;

Committee note: In addition to disclosure of a pretrial

identification of a defendant by a State's witness, in

some cases, disclosure of a pretrial identification of a

co-defendant by a State's witness also may be

required. See Green v. State, 456 Md. 97 (2017).

(D)(6) Reports or Statements of Experts

As to each State's witness the State's Attorney

intends to call to testify as an expert witness other

than at a preliminary hearing:

(i)(A) the expert's name and address, the subject

matter on which the expert is expected to testify, the

substance of the expert's findings and opinions, and a

summary of the grounds for each opinion;

(ii)(B) the opportunity to inspect and copy all

written reports or statements made in connection with

the action by the expert, including the results of any

physical or mental examination, scientific test,

experiment, or comparison; and

(iii)(C) the substance of any oral report and

conclusion by the expert;

(E)(7) Evidence for Use at Trial

The opportunity to inspect, copy, and

photograph all documents, computer-generated

evidence as defined in Rule 2-504.3 (a), recordings,

photographs, or other tangible things that the State's

Attorney intends to use at a hearing or at trial; and

(F)(8) Property of the Defendant

The opportunity to inspect, copy, and

photograph all items obtained from or belonging to the

defendant, whether or not the State's Attorney intends

to use the item at a hearing or at trial.

(e) Disclosure by Defense

On written request of the State's Attorney, the

defense shall provide to the State's Attorney:

(1) Reports or Statements of Experts

As to each defense witness the defense intends

to call to testify as an expert witness:

(A) the expert's name and address, the subject

matter on which the expert is expected to testify, the

substance of the findings and the opinions to which

the expert is expected to testify, and a summary of the

grounds for each opinion;

(B) the opportunity to inspect and copy all written

reports or statements made in connection with the

action by the expert, including the results of any

physical or mental examination, scientific test,

experiment, or comparison; and

conclusion by the expert; and

(2) Defense of Duress

Notice of an intention to rely on a defense of

duress pursuant to Code, Criminal Law Article, § 11306(c).

(3) Documents, Computer-Generated Evidence, and

Other Things

The opportunity to inspect, copy, and

photograph any documents, computer-generated

evidence as defined in Rule 2-504.3 (a), recordings,

photographs, or other tangible things that the defense

intends to use at a hearing or at trial.

(f) Person of the Defendant

100

(1) On Request

On written request of the State's Attorney that

includes reasonable notice of the time and place, the

defendant shall appear for the purpose of:

(A) providing fingerprints, photographs,

handwriting exemplars, or voice exemplars;

(B) appearing, moving, or speaking for

identification in a lineup; or

(2) On Motion

On motion filed by the State's Attorney, with

reasonable notice to the defense, the court, for good

cause shown, shall order the defendant to appear and

(A) permit the taking of buccal samples, samples of

other materials of the body, or specimens of blood,

urine, saliva, breath, hair, nails, or material under the

nails or (B) submit to a reasonable physical or mental

examination.

(g) Matters Not Discoverable

(1) By Any Party

Notwithstanding any other provision of this Rule,

neither the State's Attorney nor the defense is required

to disclose (A) the mental impressions, trial strategy,

personal beliefs, or other privileged attorney work

product or (B) any other material or information if the

court finds that its disclosure is not constitutionally

required and would entail a substantial risk of harm to

any person that outweighs the interest in disclosure.

(2) By the Defense

The State's Attorney is not required to disclose

the identity of a confidential informant unless the

State's Attorney intends to call the informant as a

State's witness or unless the failure to disclose the

informant's identity would infringe a constitutional

right of the defendant.

(h) Continuing Duty to Disclose

Each party is under a continuing obligation to

produce discoverable material and information to the

101

other side. A party who has responded to a request or

order for discovery and who obtains further material

information shall supplement the response promptly.

(i) Procedure

To the extent practicable, the discovery and

inspection required or permitted by this Rule shall be

completed before the hearing or trial date, except that

asserting a defense pursuant to subsection (e)(2) of

this Rule shall be made at least 10 days before the

trial. If a request was made before the date of the

hearing or trial and the request was refused or denied,

or pretrial compliance was impracticable If compliance

was refused, denied, or impracticable, the court may

grant a delay or continuance in the hearing or trial to

permit the inspection or discovery.

(j) Requests, Motions, and Responses to be filed with

the Court

Requests for discovery, motions for discovery, and

any responses to the requests or motions shall be filed

with the court.

(k) Discovery Material not to be Filed with the Court

Except as otherwise provided in these Rules or by

order of court, discovery material shall not be filed

with the court. This section does not preclude the use

of discovery material at trial or as an exhibit to

support or oppose a motion.

(l) Retention; Inspection of Original

The party generating discovery material shall

retain the original until the expiration of any sentence

imposed on the defendant and, on request, shall make

the original available for inspection and copying by the

other party.

(m) Protective Orders

On motion of a party, a person from whom

discovery is sought, or a person named or depicted in

an item sought to be discovered, the court, for good

cause shown, may order that specified disclosures be

denied or restricted in any manner that justice

requires.

102

(n) Failure to Comply With Discovery Obligation

If at any time during the proceedings the court

finds that a party has failed to comply with this Rule

or an order issued pursuant to this Rule, the court

may order that party to permit the discovery of the

matters not previously disclosed, strike the testimony

to which the undisclosed matter relates, grant a

reasonable continuance, prohibit the party from

introducing in evidence the matter not disclosed, grant

a mistrial, or enter any other order appropriate under

the circumstances. The failure of a party to comply

with a discovery obligation in this Rule does not

automatically disqualify a witness from testifying. If a

motion is filed to disqualify the witness's testimony,

disqualification is within the discretion of the court.

Source: This Rule is new.

Rule 4-262 was accompanied by the following Reporter’s

note:

In March 2023, the Judicial Council approved

for dissemination the Report and Recommendations of

the Committee on Equal Justice Rules Review

Subcommittee (hereinafter “the EJC Report”). The

Subcommittee was tasked with identifying instances in

the Rules which “reflect, perpetuate, or fail to correct

systemic biases.”

The Criminal Rules Subcommittee has held

numerous meetings to address the suggestions

concerning criminal law in the EJC Report. Recent

topics included suggestions to improve the process of

criminal discovery, impacting Rules 4-262 and 4-263.

Rule 4-262 concerns discovery for criminal cases

in the District Court. The EJC Report discussed a

proposed amendment that would institute a fixed

deadline for providing discovery before trial in the

District Court and would compel sanctions if the

deadline was not met. The EJC Report acknowledged

that the turnaround time from forensic laboratories

must be considered when modifying discovery

timeframes. In addition, sanctions are not intended as

103

punishment, but primarily aim to ensure a fair trial.

Although the imposition of sanctions is within the

discretion of the court, there are well-established

principles that a court should apply before

determining what, if any, sanction to impose.

The concept of a discovery deadline in the

District Court has been discussed several times by the

Rules Committee in the last two decades. For

example, in its 163rd Report, the Rules Committee

proposed amendments to section (i) of Rule 4-262

governing discovery procedure in the District Court.

The proposed amendment added the phrase “to the

extent practicable” before language requiring discovery

and inspection to be completed before the hearing or

trial. Similar new language in that section permitted a

delay or continuance if “pretrial compliance was

impracticable.” The Reporter’s note to Rule 4-262

explained, “The Rules Committee believes that specific

deadlines for requesting and providing discovery would

not be compatible with District Court practice, and

therefore declines to recommend the addition of

discovery deadlines to Rule 4-262.” The proposed

amendments to section (i) were adopted by Rules

Order filed on March 9, 2010.

The Criminal Rules Subcommittee has

determined that a discovery deadline is not practicable

at this time and declined the EJC Report’s suggestion

to add a deadline to Rule 4-262. However, several

other amendments are proposed to Rule 4-262,

primarily addressing additional concerns raised by the

EJC Report.

A new Committee note after subsection (c)(2)

acknowledges that some prosecutors comply with their

discovery obligations by using “open file” discovery.

The Committee note highlights that additional

materials may still be required as outlined in the Rule.

A parallel Committee note is proposed in Rule 4-263.

Rule 4-262 sets forth mandatory disclosures to

the defendant in the District Court. Certain additional

materials must be provided if a written request is

made by the defendant. The EJC Report noted that

requiring a written request may present an obstacle for

unrepresented defendants and recommended that the

104

Committee consider expanding the list of mandatory

disclosures provided without request.

In current Rule 4-262, subsection (d)(1)

addresses discovery materials that must be provided

without request and subsection (d)(2) lists materials

that must be provided after a written request.

Proposed amendments to section (d) in effect combine

the two sections, making all of the discovery materials

listed in section (d) required without the necessity of a

request. Stylistic changes are made as needed to

conform the subsections to the structural change.

Clarifying language is added to section (i), noting

that discovery and inspection shall be completed

before the hearing or trial date. The second sentence

of the section is amended to reflect that discovery

pursuant to section (d) no longer requires a request.

Section (n) concerns sanctions if a party fails to

comply with discovery obligations. Despite comments

received from some justice partners, the EJC Report

discouraged the use of mandatory sanctions for

discovery violations in the circuit court, but

recommended that the Rules Committee consider

whether a postponement should be the presumptive

remedy for a failure to timely meet discovery

obligations in the District Court.

In regard to sanctions, the Criminal Rules

Subcommittee determined that the current Rule gives

allowance for the court to fashion an appropriate

response to a discovery violation. The Subcommittee

declined to limit the court’s discretion by creating

presumptive remedies for discovery violations.

A proposed amendment to section (n) instead

adds the same language that appears in the parallel

section of Rule 4-263, enumerating some possible

sanctions.

[OPTION A]

MARYLAND RULES OF PROCEDURE

105

TITLE 4 – CRIMINAL CAUSES

CHAPTER 200 – PRETRIAL PROCEDURES

AMEND Rule 4-263 by adding a Committee note

after subsection (c)(2), by deleting the cross reference

after subsection (d)(6), by adding subsection (d)(11)

addressing disclosures concerning in-custody witness

testimony, by adding a cross reference after new

subsection (d)(11), by deleting a Committee note at the

end of section (n), and by making stylistic changes, as

follows:

Rule 4-263. DISCOVERY IN CIRCUIT COURT

...

(1) Due Diligence

The State's Attorney and defense shall exercise

due diligence to identify all of the material and

information that must be disclosed under this Rule.

(2) Scope of Obligations

The obligations of the State's Attorney and the

defense extend to material and information that must

be disclosed under this Rule and that are in the

possession or control of the attorney, members of the

attorney's staff, or any other person who either reports

regularly to the attorney's office or has reported to the

attorney's office in regard to the particular case.

Committee note: In many jurisdictions, the State

complies with discovery requirements imposed under

Rules 4-262 and 4-263 through “open file” discovery.

While, in appropriate cases, “open file” discovery may

satisfy the State’s discovery obligation, the full scope of

discovery may require provision of additional discovery

materials beyond that contained in the “open file,” as

expressly outlined in Rules 4-262 and 4-263.

Cross reference: For the obligations of the State's

Attorney, see State v. Williams, 392 Md. 194 (2006).

106

(d) Disclosure by the State's Attorney

Without the necessity of a request, the State's

Attorney shall provide to the defense:

(1) Statements

All written and all oral statements of the

defendant and of any co-defendant that relate to the

offense charged and all material and information,

including documents and recordings, that relate to the

acquisition of such statements;

(2) Criminal Record

Prior criminal convictions, pending charges, and

probationary status of the defendant and of any codefendant;

(3) State's Witnesses

As to each State's witness the State's Attorney

intends to call to prove the State's case in chief or to

rebut alibi testimony: (A) the name of the witness; (B)

except as provided under Code, Criminal Procedure

Article, § 11-205 or Rule 16-912 (b), the address and,

if known to the State's Attorney, the telephone number

of the witness; and (C) all written statements of the

witness that relate to the offense charged;

(4) Prior Conduct

All evidence of o

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