# SUPREME COURT STANDING COMMITTEE

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## Record

- **Collection:** Court rules
- **Document type:** Court rule

## Text

SUPREME COURT STANDING COMMITTEE
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.
1

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.

He

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

2

He

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

3

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
(C) the person seeking inspection of the judicial
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.

4

(c) When Record is Subject to Lawful Privilege or
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
5

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;

6

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.

7

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
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(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.
(c) License Records
(1) Business License Records
Except as otherwise provided by the Rules in
this Chapter, the right to inspect business license
records is governed by the applicable provisions of
Parts II, III, and IV of the PIA.
(2) Marriage License Records
A custodian shall deny inspection of the
following records pertaining to a marriage license:
(A) certificate of a physician or certified nurse
practitioner filed pursuant to Code, Family Law Article,
§ 2-301, attesting to the pregnancy of a child under 18
years of age who has applied for a marriage license;
and
(B) until the license becomes effective, the fact that
an application for a license has been made, except to
the parent or guardian of a minor party to be married
who is 15 17 years old or older.
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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.

10

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:
...
(c) Case records shielded pursuant to Code, Courts
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]

11

(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).
12

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

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(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.
(c) Information
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

14

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

15

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

16

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.
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(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.
(c) Investigation
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

18

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

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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:
20

(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
(C) if identifying information of a minor victim or
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
21

“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.
22

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.

23

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.
(c) The address, telephone number, and e-mail
address of a victim or victim's representative in a
criminal action, juvenile delinquency action, or an
action under Code, Family Law Article, Title 4, Subtitle
5, who has requested, or as to whom the State has
24

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).

25

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
26

(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

27

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
28

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.

29

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;
(C) state the name, address, telephone number,
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.

30

(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).

31

∙∙∙

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
···
(c) Contents of Petition
In addition to any other necessary averments, the
petition shall:
(1) subject to section (d) of this Rule, include as
exhibits:
(A) a copy of the structured settlement agreement;
(B) a copy of any order of a court or other
governmental authority approving the structured
settlement;
(C) a copy of each annuity contract that provides
for payments under the structured settlement
agreement or, if any such annuity contract is not

32

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;

33

(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

(C) state the disposition of the requested approval;

(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

34

(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.”

35

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:

36

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.
(c) Response
The custodian or requestor shall file a response
within 30 days after service of the complaint and
summons.

37

(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
38

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
39

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.

He

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.
40

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

41

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.
(c) Shielding of Record Upon Petition

42

(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
43

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:

44

(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
(C) denying the petition.
(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
(C) if the petition seeks to permit inspection of a
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.

45

(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.

46

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

47

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
...
48

(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

49

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

50

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).

51

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.

52

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,”
53

“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:
···

54

(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:

55

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.”

56

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
···
(c) Commitment to Maryland Department of Health
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:
57

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:
58

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.
59

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

60

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,
or
(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
______________________________________________________
______________________________________________________
61

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.
(c) Publication
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.
62

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
_________________________.

63

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
Register of Wills on or before the ___ day of __________
(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
Register of Wills on or before the ___ day of __________
(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,
or
(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.
________________________________________________

64

________________________________________________
________________________________________________
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.

65

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.

66

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

67

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

68

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:

69

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
70

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

71

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;
(C) a statement of how the alleged disabled
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
72

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;
(C) the urgency, necessity, and gravity of the
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
(C) any other circumstances that the court
considers relevant.
Committee note: The procedure set forth in section (f)
of this Rule is not a substitute for a petition for
73

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

74

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
75

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
76

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

77

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
...
(c) Contents
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;

78

(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;

79

(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

80

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
81

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
...

82

(c) Contents
The petition shall be captioned “In the Matter of
...” [stating the name of the minor]. It shall be signed

[Text truncated at 120,000 characters. The full text is on the page linked above.]

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/court_rules%3Amd%3Ab79ddb2ca256fa6a. Public record. Not legal advice.