IN THE COURT OF APPEALS OF MARYLAND
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IN THE COURT OF APPEALS OF MARYLAND
R U L E S
O R D E R
This Court’s Standing Committee on Rules of Practice and
Procedure having submitted its One Hundred Fifty-Second Report to
the Court, recommending adoption of proposed new Rules 1-104,
2-232, 6-456, 6-464, 16-821, 16-822, 16-823, 16-824, 17-105.1 and
proposed amendments to Rules 1-201, 1-202, 1-203, 1-204, 1-301,
1-311, 1-321, 1-322, 1-404, 2-101, 2-112, 2-121, 2-124, 2-126,
2-201, 2-211, 2-212, 2-213, 2-214, 2-221, 2-231, 2-241, 2-301,
2-302, 2-303, 2-304, 2-305, 2-311, 2-321, 2-322, 2-323, 2-324,
2-325, 2-326, 2-327, 2-401, 2-402, 2-403, 2-404, 2-411, 2-412,
2-414, 2-415, 2-418, 2-419, 2-421, 2-422, 2-424, 2-432, 2-433,
2-501, 2-504, 2-504.2, 2-506, 2-510, 2-511, 2-512, 2-519, 2-520,
2-521, 2-522, 2-532, 2-533, 2-534, 2-535, 2-541, 2-601, 2-602,
2-613, 2-632, 2-633, 2-644, 2-645, 2-648, 2-649, 3-101, 3-102,
3-112, 3-121, 3-124, 3-126, 3-201, 3-211, 3-212, 3-213, 3-214,
3-241, 3-301, 3-302, 3-303, 3-305, 3-307, 3-326, 3-506, 3-510,
3-519, 3-533, 3-534, 3-535, 3-601, 3-602, 3-632, 3-633, 3-645,
3-648, 3-649, 3-701, 3-731, 4-102, 4-213, 4-216, 4-217, 4-222,
4-231, 4-254, 4-261, 4-312, 4-313, 4-314, 4-326, 4-342, 4-349,
4-354, 4-505, 5-407, 5-412, 5-606, 6-105, 6-107, 6-122, 6-209,
6-211, 6-411, 6-452, 6-454, 6-455, 6-461, 7-112, 7-115, 8-114,
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8-207, 8-301, 8-305, 8-431, 8-501, 8-503, 8-504, 8-608, 9-208,
10-202, 10-301, 12-103, 14-206, 14-306, 15-502, 15-504, 15-505,
16-101, 16-108, 16-401, 16-406, 16-723, 16-751, 16-760, 16-761,
16-771, 16-773, 16-775, 16-781, 16-808, 17-104, 17-105, 17-107,
17-108, and 17-109; Forms 4-217.1, 4-503.4, 4-504.1; and
Appendix:
Form Interrogatories, Forms Nos. 3, 5, and 7 of the
Maryland Rules of Procedure and Rules 6 and 9 of the Rules
Governing Admission to the Bar of Maryland, all as set forth in
that Report published in the Maryland Register, Vol. 30, Issue
17, pages 1118 – 1199 (August 22, 2003); and
This Court having considered at open meetings, notices of
which were posted as prescribed by law, all those proposed rules
changes, together with the comments received, and making certain
amendments to the proposed rules changes on its own motion, it is
this 12th day of November, 2003,
ORDERED, by the Court of Appeals of Maryland, that new Rules
6-456, 16-821, 16-822, 16-824, and 17-105.1 be, and they are
hereby, adopted in the form previously published; and it is
further
ORDERED that new Rules 6-464 and 16-823 be, and they are
hereby, adopted in the form attached to this Order; and it is
further
ORDERED that the proposed amendments to Rules 1-201, 1-202,
1-203, 1-204, 1-301, 1-311, 1-321, 1-404, 2-112, 2-121, 2-124, 2126, 2-201, 2-211, 2-212, 2-213, 2-214, 2-221, 2-241, 2-301, 2302, 2-303, 2-304, 2-305, 2-321, 2-322, 2-323, 2-324, 2-325, 2-2-
326, 2-401, 2-403, 2-404, 2-414, 2-418, 2-421, 2-422, 2-424, 2432, 2-433, 2-504, 2-504.2, 2-506, 2-510, 2-511, 2-519, 2-520, 2522, 2-532, 2-533, 2-534, 2-535, 2-541, 2-601, 2-613, 2-632, 2633, 2-644, 2-645, 2-648, 2-649, 3-102, 3-112, 3-121, 3-124, 3126, 3-201, 3-211, 3-212, 3-213, 3-214, 3-241, 3-301, 3-302, 3303, 3-305, 3-307, 3-326, 3-506, 3-510, 3-519, 3-533, 3-534, 3535, 3-601, 3-602, 3-632, 3-633, 3-645, 3-648, 3-649, 3-731, 4102, 4-217, 4-222, 4-231, 4-254, 4-313, 4-342, 4-349, 4-505, 5407, 5-606, 6-105, 6-107, 6-122, 6-209, 6-211, 6-411, 6-452, 6454, 6-455, 6-461, 7-112, 7-115, 8-301, 8-305, 8-501, 8-503, 9208, 10-202, 10-301, 12-103, 14-206, 14-306, 15-502, 15-504, 15505, 16-101, 16-108, 16-401, 16-406, 16-760, 16-761, 16-771, 16773, 16-775, 16-781, 16-808, 17-104, 17-105, 17-107, 17-108, and
17-109, Forms 4-217.1 and 4-504.1 and Appendix:
Form
Interrogatories, Forms Nos. 3, 5, and 7 be, and they are hereby
adopted in the form previously published; and it is further
ORDERED that the proposed amendments to Rules 1-322, 2-101,
2-231, 2-311, 2-327, 2-402, 2-411, 2-412, 2-521, 2-602, 3-101, 3701, 4-213, 4-216, 4-326, 4-354, 5-412, 8-114, 8-207, 8-504, 8608, 16-723, and 16-751, Form 4-503.4, and Rules 6, 7, and 9 of
the Rules Governing Admission to the Bar of Maryland be, and they
are hereby, adopted in the form attached to this Order; and it is
further
ORDERED that proposed new Rules 1-104 and 2-232 and the
proposed amendments to Rules 2-231 (j), 2-412 (e) and (f), 2-512
(b), 4-312 (b), and 8-431 be and they are hereby, rejected; and
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it is further
ORDERED that the proposed amendments to Rules 2-415, 2-419,
2-501, and 4-261 be, and they are hereby, deferred, pending
further study by this Court; and it is further
ORDERED that the proposed amendments to Rules 1-322 (a), 2512 (d) – (i), 4-312 (d) – (i), 4-314, 16-723 (b), be, and they
are hereby, remanded to the Standing Committee on Rules of
Practice and Procedure for further study; and it is further
ORDERED that the amendments to Rules 6, 7, and 9 of the
Rules Governing Admission to the Bar of Maryland hereby adopted
by this Court shall govern the State Board of Law Examiners, the
Character Committees appointed by this Court, the courts of this
State, all applicants for admission to the Bar of this State, and
all parties and their attorneys in all actions and proceedings,
and shall take effect March 1, 2004 and be implemented to apply
to all petitions to take the Bar examination in July 2004 and all
Bar examinations thereafter, and it is further
ORDERED that all other rules changes hereby adopted by this
Court shall govern the courts of this State and all parties and
their attorneys in all actions and proceedings, and shall take
effect and apply to all actions commenced on or after January 1,
2004, and insofar as practicable to all actions then pending; and
it is further
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ORDERED that a copy of this Order be published in the next
issue of the Maryland Register.
/s/ Robert M. Bell
_____________________________
Robert M. Bell
/s/ John C. Eldridge
_____________________________
John C. Eldridge
/s/ Irma S. Raker
_____________________________
Irma S. Raker
/s/ Alan M. Wilner
_____________________________
Alan M. Wilner
/s/ Dale R. Cathell
_____________________________
Dale R. Cathell
/s/ Glenn T. Harrell, Jr.
_____________________________
Glenn T. Harrell, Jr.
/s/ Lynne A. Battaglia
_____________________________
Lynne A. Battaglia
Filed: November 12, 2003
/s/ Alexander L. Cummings
____________________________
Clerk
Alexander L. Cummings
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MARYLAND RULES OF PROCEDURE
TITLE 1 - GENERAL PROVISIONS
CHAPTER 200 - CONSTRUCTION, INTERPRETATION, AND DEFINITIONS
AMEND Rule 1-201 to change the source note to reflect the
corresponding federal rule as of the date of adoption of
the Maryland Rule, as follows:
Rule 1-201.
RULES OF CONSTRUCTION
. . .
Source: This Rule is derived as follows:
Section (a) is in part consistent with FRCP 1 the 1966 version
of Fed. R. Civ. P. 1 and is derived from former Rule 701. The
last two sentences are new.
Section (b) is derived from former Rule 1 h and i.
Section (c) is derived from former Rules 1 g and 701.
Section (d) is derived from former Rule 2 c.
Section (e) is derived from former Rule 2 b.
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MARYLAND RULES OF PROCEDURE
TITLE 1 - GENERAL PROVISIONS
CHAPTER 200 - CONSTRUCTION, INTERPRETATION, AND DEFINITIONS
AMEND Rule 1-202 to change the source note to reflect the
corresponding federal rule as of the date of adoption of
the Maryland Rule, as follows:
Rule 1-202.
DEFINITIONS
. . .
Source: This Rule is derived as follows:
Section (a) is derived from former Rule 5 a.
Section (b) is derived from former Rule 5 c.
Section (c) is new.
Section (d) is derived from former Rule 5 aa.
Section (e) is derived from former Rule 5 e.
Section (f) is derived from former Rule 5 f.
Section (g) is derived from former Rule 5 g.
Section (h) is derived from former Rule 5 h.
Section (i) is new.
Section (j) is derived from former Rule 5 m.
Section (k) is new.
Section (l) is derived from former Rule 5 r.
Section (m) is derived from former Rule 5 n.
Section (n) is derived from former Rule 5 o.
Section (o) is new.
Section (p) is new.
Section (q) is derived from the last sentence of former Rule 5
v.
Section (r) is derived from former Rule 5 q.
Section (s) is new and adopts the concept of federal practice
set forth in FRCP 7 (a) the 1963 version of Fed. R. Civ. P. 7
(a).
Section (t) is derived from former Rule 5 w.
Section (u) is derived from former Rule 5 y.
Section (v) is derived from former Rule 5 z.
Section (w) is new.
Section (x) is derived from former Rule 5 cc.
Section (y) is derived from former Rule 5 ee.
Section (z) is new.
Section (aa) is derived from former Rule 5 ff.
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MARYLAND RULES OF PROCEDURE
TITLE 1 - GENERAL PROVISIONS
CHAPTER 200 - CONSTRUCTION, INTERPRETATION, AND DEFINITIONS
AMEND Rule 1-203 to change the source note to reflect the
corresponding federal rule as of the date of adoption of
the Maryland Rule, as follows:
Rule 1-203.
TIME
. . .
Source: This Rule is derived as follows:
Section (a) is derived from former Rule 8 a.
Section (b) is derived from former Rule 8 b.
Section (c) is new and is derived from FRCP 6 (e) the 1971
version of Fed. R. Civ. P. 6 (e).
Section (d) is new.
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MARYLAND RULES OF PROCEDURE
TITLE 1 - GENERAL PROVISIONS
CHAPTER 200 - CONSTRUCTION, INTERPRETATION, AND DEFINITIONS
AMEND Rule 1-204 to change the source note to reflect the
corresponding federal rule as of the date of adoption of
the Maryland Rule, as follows:
Rule 1-204.
MOTION TO SHORTEN OR EXTEND TIME REQUIREMENTS
. . .
Source: This Rule is derived as follows:
Section (a) is derived from former Rule 309 and FRCP 6 (b) the
1971 version of Fed. R. Civ. P. 6 (b).
Section (b) is new.
Section (c) is new.
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MARYLAND RULES OF PROCEDURE
TITLE 1 - GENERAL PROVISIONS
CHAPTER 300 - GENERAL PROVISIONS
AMEND Rule 1-301 to change the source note to reflect the
corresponding federal rule as of the date of adoption of
the Maryland Rule, as follows:
Rule 1-301.
FORM OF COURT PAPERS
. . .
Source: This Rule is derived as follows:
Section (a) is derived from former Rule 301 e and h, and FRCP
10 (a) and 7 (b)(2) the 1937 version of Fed. R. Civ. P. 10 (a),
and the 1963 version of Fed. R. Civ. P. 7 (b)(2).
Section (b) is new.
Section (c) is new.
Section (d) is new.
Section (e) is new.
Section (f) is derived from former Rules 303 a and 301 k.
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MARYLAND RULES OF PROCEDURE
TITLE 1 - GENERAL PROVISIONS
CHAPTER 300 - GENERAL PROVISIONS
AMEND Rule 1-311 to change the source note to reflect the
corresponding federal rule as of the date of adoption of
the Maryland Rule, as follows:
Rule 1-311.
SIGNING OF PLEADINGS AND OTHER PAPERS
. . .
Source: This Rule is derived as follows:
Section (a) is derived from former Rules 302 a, and 301 f, and
FRCP 11 the 1937 version of Fed. R. Civ. P. 11.
Section (b) is derived from former Rule 302 b and FRCP 11 the
1937 version of Fed. R. Civ. P. 11.
Section (c) is derived from FRCP 11 the 1937 version of Fed. R.
Civ. P. 11.
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MARYLAND RULES OF PROCEDURE
TITLE 1 - GENERAL PROVISIONS
CHAPTER 300 - GENERAL PROVISIONS
AMEND Rule 1-321 to change the source note to reflect the
corresponding federal rule as of the date of adoption of
the Maryland Rule, as follows:
Rule 1-321.
SERVICE OF PLEADINGS AND PAPERS OTHER THAN ORIGINAL
PLEADINGS
. . .
Source: This Rule is derived as follows:
Section (a) is derived from former Rule 306 a 1 and c and FRCP
5 (a) the 1980 version of Fed. R. Civ. P. 5 (a).
Section (b) is derived from former Rule 306 b and FRCP 5 (a)
the 1980 version of Fed. R. Civ. P. 5 (a).
Section (c) is new.
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MARYLAND RULES OF PROCEDURE
TITLE 1 - GENERAL PROVISIONS
CHAPTER 300 - GENERAL PROVISIONS
AMEND Rule 1-322 to change the source notice to reflect the
corresponding federal rule as of the date of adoption of the
Maryland Rule, as follows:
Rule 1-322.
FILING OF PLEADINGS AND OTHER PAPERS
. . .
Source: This Rule is derived in part from F.R.C.P. 5 (e) the
1980 version of Fed. R. Civ. P. 5 (e) and Rule 102 1 d of the
Rules of the United States District Court for the District of
Maryland and is in part new.
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MARYLAND RULES OF PROCEDURE
TITLE 1 - GENERAL PROVISIONS
CHAPTER 400 - BOND
AMEND Rule 1-404 to change the source note to reflect the
corresponding federal rule as of the date of adoption of
the Maryland Rule, as follows:
Rule 1-404.
PROCEEDING AGAINST SURETY
. . .
Source: This Rule is derived from FRCP 65.1 the 1966 version of
Fed. R. Civ. P. 65.1.
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MARYLAND RULES OF PROCEDURE
TITLE 2 - CIVIL PROCEDURE — CIRCUIT COURT
CHAPTER 100 - COMMENCEMENT OF ACTION AND PROCESS
AMEND Rule 2-101 to allow a certain action to be filed in a
circuit court within 30 days after a certain order of dismissal
in the District Court of Maryland and to make certain stylistic
changes, as follows:
Rule 2-101.
(a)
COMMENCEMENT OF ACTION
Generally
A civil action is commenced by filing a complaint with a
court.
(b)
After Certain Dismissals by a United States District Court
or a Court of Another State
Except as otherwise provided by statute, if an action is
filed in a United States District Court or a court of another
state within the period of limitations prescribed by Maryland law
and the foreign that court enters an order of dismissal (1) for
lack of jurisdiction, (2) because the court declines to exercise
jurisdiction, or (3) because the action is barred by the statute
of limitations required to be applied by that court, an action
filed in this State a circuit court within 30 days after the
foreign court's entry of the order of dismissal shall be treated
as timely filed in this State.
Cross reference:
Code, Courts and Judicial Proceedings Article,
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§5-115.
(c)
After Dismissal by the District Court of Maryland for Lack
of Subject Matter Jurisdiction
If an action is filed in the District Court of Maryland
within the period of limitations prescribed by Maryland law and
the District Court dismisses the action for lack of subject
matter jurisdiction, an action filed in a circuit court within 30
days after the entry of the order of dismissal shall be treated
as timely filed in the circuit court.
Source: This Rule is derived as follows:
Section (a) is derived from FRCP 3 the 1937 version of Fed. R.
Civ. P. 3 and former Rules 140 a and 170 a.
Section (b) is new.
Section (c) is new.
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MARYLAND RULES OF PROCEDURE
TITLE 2 - CIVIL PROCEDURE – CIRCUIT COURT
CHAPTER 100 - COMMENCEMENT OF ACTION AND PROCESS
AMEND Rule 2-112 to change the source note to reflect the
corresponding federal rule as of the date of adoption of
the Maryland Rule, as follows:
Rule 2-112.
PROCESS – ISSUANCE OF SUMMONS
. . .
Source: This Rule is derived as follows:
Section (a) is derived from former Rule 103 c and e and FRCP 4
(a) the 1980 version of Fed. R. Civ. P. 4 (a).
Section (b) is derived from former Rule 103 j.
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MARYLAND RULES OF PROCEDURE
TITLE 2 - CIVIL PROCEDURE – CIRCUIT COURT
CHAPTER 100 - COMMENCEMENT OF ACTION AND PROCESS
AMEND Rule 2-121 to change the source note to reflect the
corresponding federal rule as of the date of adoption of
the Maryland Rule, as follows:
Rule 2-121.
PROCESS – SERVICE – IN PERSONAM
. . .
Source: This Rule is derived as follows:
Section (a) is derived from former Rules 104 b 1 and 2, 105 a,
and 107 a 1, 2 and 4 and from the 1993 version of Fed. R. Civ. P.
4 (e)(2).
Section (b) is derived from former Rules 104 h 1 and 107 a 3.
Section (c) is new.
Section (d) is derived from former Rules 104 i and 107 c.
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MARYLAND RULES OF PROCEDURE
TITLE 2 - CIVIL PROCEDURE - CIRCUIT COURT
CHAPTER 100 - COMMENCEMENT OF ACTION AND PROCESS
AMEND Rule 2-124 by adding a reference to Code, Business
Regulation Article, §4-402 to the Committee note, as follows:
Rule 2-124.
(a)
PROCESS - PERSONS TO BE SERVED
Statutes Not Abrogated
The provisions of this Rule do not abrogate any statute
permitting or requiring service on a person.
Committee note: Examples of statutes permitting or requiring
service on a person include the Maryland Tort Claims Act, Code,
State Government Article, §12-108 (a) (service of a complaint is
sufficient only when made upon the Treasurer of the State); Code,
Insurance Article, §4-107 (service on certain insurance companies
is effected by serving the Insurance Commissioner); Code,
Business Regulation Article, §4-402 (service on a non-resident
“athlete agent” is effected by serving the Secretary of Labor,
Licensing, and Regulation); Code, Business Regulation Article,
§6-202 (service on certain nonresident charitable organizations
is effected by serving the Secretary of State); and Code, Courts
Article, §3-405 (notice to the Attorney General is required
immediately after a declaratory judgment action is filed alleging
that a statute, municipal or county ordinance, or franchise is
unconstitutional).
. . .
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MARYLAND RULES OF PROCEDURE
TITLE 2 - CIVIL PROCEDURE – CIRCUIT COURT
CHAPTER 100 - COMMENCEMENT OF ACTION AND PROCESS
AMEND Rule 2-126 to change the source note to reflect the
corresponding federal rule as of the date of adoption of
the Maryland Rule, as follows:
Rule 2-126.
PROCESS – RETURN
. . .
Source: This Rule is derived as follows:
Section (a) is derived from former Rules 104 b 2, 107 a 2 and
116 c 1 and 2.
Section (b) is derived from former Rule 105 b 1 (a) and b 2.
Section (c) is new.
Section (d) is new.
Section (e) is new.
Section (f) is derived from former Rules 104 a (2) and 622 h 2.
Section (g) is derived from FRCP 4 (g) the 1980 version of
Fed. R. Civ. P. 4 (g) and former Rules 104 h 3 (c) and 116 c 3.
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MARYLAND RULES OF PROCEDURE
TITLE 2 - CIVIL PROCEDURE – CIRCUIT COURT
CHAPTER 200 - PARTIES
AMEND Rule 2-201 to change the source note to reflect the
corresponding federal rule as of the date of adoption of
the Maryland Rule, as follows:
Rule 2-201.
REAL PARTY IN INTEREST
. . .
Source: This Rule is derived from former Rule 203 a, b, and c
and FRCP 17 (a) the 1966 version of Fed. R. Civ. P. 17 (a).
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MARYLAND RULES OF PROCEDURE
TITLE 2 - CIVIL PROCEDURE – CIRCUIT COURT
CHAPTER 200 - PARTIES
AMEND Rule 2-211 to change the source note to reflect the
corresponding federal rule as of the date of adoption of
the Maryland Rule, as follows:
Rule 2-211.
REQUIRED JOINDER OF PARTIES
. . .
Source: This Rule is derived as follows:
Section (a) is derived from FRCP 19 (a) the 1966 version of
Fed. R. Civ. P. 19 (a).
Section (b) is derived from FRCP 19 (c) the 1966 version of
Fed. R. Civ. P. 19 (c).
Section (c) is derived from FRCP 19 (b) the 1966 version of
Fed. R. Civ. P. 19 (b).
Section (d) is derived from FRCP 19 (d) the 1966 version of
Fed. R. Civ. P. 19 (d).
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MARYLAND RULES OF PROCEDURE
TITLE 2 - CIVIL PROCEDURE – CIRCUIT COURT
CHAPTER 200 - PARTIES
AMEND Rule 2-212 to change the source note to reflect the
corresponding federal rule as of the date of adoption of
the Maryland Rule, as follows:
Rule 2-212.
PERMISSIVE JOINDER OF PARTIES
. . .
Source: This Rule is derived as follows:
Section (a) is derived from FRCP 20 (a) the 1966 version of
Fed. R. Civ. P. 20 (a) and former Rule 313 a, c, d and e.
Section (b) is derived from FRCP 20 (b) the 1966 version of
Fed. R. Civ. P. 20 (b) and former Rule 501 b.
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MARYLAND RULES OF PROCEDURE
TITLE 2 - CIVIL PROCEDURE – CIRCUIT COURT
CHAPTER 200 - PARTIES
AMEND Rule 2-213 to change the source note to reflect the
corresponding federal rule as of the date of adoption of
the Maryland Rule, as follows:
Rule 2-213.
MISJOINDER AND NONJOINDER OF PARTIES
. . .
Source: This Rule is derived from FRCP 21 the 1937 version of
Fed. R. Civ. P. 21.
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MARYLAND RULES OF PROCEDURE
TITLE 2 - CIVIL PROCEDURE – CIRCUIT COURT
CHAPTER 200 - PARTIES
AMEND Rule 2-214 to change the source note to reflect the
corresponding federal rule as of the date of adoption of
the Maryland Rule, as follows:
Rule 2-214.
INTERVENTION
. . .
Source: This Rule is derived as follows:
Section (a) is derived from FRCP 24 (a) the 1966 version of
Fed. R. Civ. P. 24 (a).
Section (b) is derived from FRCP 24 and former Rule 208.
Subsection (b)(1) is derived from former Rule 208 b 1.
Subsection (b)(2) is derived from former Rule 208 b 2.
Subsection (b)(3) is derived from the last sentence of FRCP
24 (b) the 1966 version of Fed. R. Civ. P. 24 (b).
Section (c) is derived from FRCP 24 (c) the 1966 version of
Fed. R. Civ. P. 24 (c) and former Rule 208 c.
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MARYLAND RULES OF PROCEDURE
TITLE 2 - CIVIL PROCEDURE – CIRCUIT COURT
CHAPTER 200 - PARTIES
AMEND Rule 2-221 to change the source note to reflect the
corresponding federal rule as of the date of adoption of
the Maryland Rule, as follows:
Rule 2-221.
INTERPLEADER
. . .
Source: This Rule is derived as follows:
Section (a) is derived from FRCP 22 (1) the 1948 version of
Fed. R. Civ. P. 22 (1) and former Rule BU 70.
Section (b) is derived from former Rule BU 72.
Section (c) is derived from former Rule BU 73.
Section (d) is derived from former Rule BU 74.
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MARYLAND RULES OF PROCEDURE
TITLE 2 - CIVIL PROCEDURE – CIRCUIT COURT
CHAPTER 200 - PARTIES
AMEND Rule 2-231 to make certain stylistic changes to the
source note, as follows:
Rule 2-231.
CLASS ACTIONS
. . .
Source: This Rule is derived as follows:
Section (a) is derived from FRCP 23 (a) the 1966 version of
Fed. R. Civ. P. 23 (a) and former Rule 209 a.
Section (b) is derived from FRCP 23 (b)(1), (2) and (3) the
1966 version of Fed. R. Civ. P. 23 (b)(1), (2) and (3).
Section (c) is derived from FRCP 23 (c)(1) the 1966 version of
Fed. R. Civ. P. 23 (c)(1).
Section (d) is derived from FRCP 23 (c)(4) the 1966 version of
Fed. R. Civ. P. 23 (c)(4).
Section (e) is derived from FRCP 23 (c)(2) the 1966 version of
Fed. R. Civ. P. 23 (c)(2).
Section (f) is derived from FRCP 23 (d) the 1966 version of
Fed. R. Civ. P. 23 (d).
Section (g) is new.
Section (h) is derived from FRCP 23 (e) the 1966 version of
Fed. R. Civ. P. 23 (e) and former Rule 209 d.
Section (i) is derived from FRCP 23 (c)(3) the 1966 version of
Fed. R. Civ. P. 23 (c)(3).
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MARYLAND RULES OF PROCEDURE
TITLE 2 - CIVIL PROCEDURE – CIRCUIT COURT
CHAPTER 200 - PARTIES
AMEND Rule 2-241 to change the source note to reflect the
corresponding federal rule as of the date of adoption of
the Maryland Rule, as follows:
Rule 2-241.
SUBSTITUTION OF PARTIES
. . .
Source: This Rule is derived as follows:
Section (a) is derived from former Rules 220, 222, and 240 and
FRCP 25 (a), (b), (c), and (d) the 1963 version of Fed. R. Civ.
P. 25 (a), (b), (c), and (d).
Section (b) is derived from former Rule 220 c, d and e.
Section (c) is new.
Section (d) is derived from former Rule 220 f.
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MARYLAND RULES OF PROCEDURE
TITLE 2 - CIVIL PROCEDURE – CIRCUIT COURT
CHAPTER 300 - PLEADINGS AND MOTIONS
AMEND Rule 2-301 to change the source note to reflect the
corresponding federal rule as of the date of adoption of
the Maryland Rule, as follows:
Rule 2-301.
FORM OF ACTION
. . .
Source: This Rule is new and is derived from FRCP 2 the 1937
version of Fed. R. Civ. P. 2.
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MARYLAND RULES OF PROCEDURE
TITLE 2 - CIVIL PROCEDURE – CIRCUIT COURT
CHAPTER 300 - PLEADINGS AND MOTIONS
AMEND Rule 2-302 to change the source note to reflect the
corresponding federal rule as of the date of adoption of
the Maryland Rule, as follows:
Rule 2-302.
PLEADINGS ALLOWED
. . .
Source: This Rule is new and is derived from FRCP 7 the 1963
version of Fed. R. Civ. P. 7.
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MARYLAND RULES OF PROCEDURE
TITLE 2 - CIVIL PROCEDURE – CIRCUIT COURT
CHAPTER 300 - PLEADINGS AND MOTIONS
AMEND Rule 2-303 to change the source note to reflect the
corresponding federal rule as of the date of adoption of
the Maryland Rule, as follows:
Rule 2-303.
FORM OF PLEADINGS
. . .
Source: This Rule is derived as follows:
Section (a) is new but is derived from former Rules 340 c, 370
a 1, and 372 a 1 and from FRCP 10 (b) the 1937 version of Fed. R.
Civ. P. 10 (b).
Section (b) is derived from former Rule 301 b.
Section (c) is derived from former Rules 301 d and 313 a.
Section (d) is derived from the last sentence of Rule 301 b.
Section (e) is new and is derived from FRCP 8 (f) the 1966
version of Fed. R. Civ. P. 8 (f).
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MARYLAND RULES OF PROCEDURE
TITLE 2 - CIVIL PROCEDURE – CIRCUIT COURT
CHAPTER 300 - PLEADINGS AND MOTIONS
AMEND Rule 2-304 to change the source note to reflect the
corresponding federal rule as of the date of adoption of
the Maryland Rule, as follows:
Rule 2-304.
PLEADING CERTAIN MATTERS
. . .
Source: This Rule is derived as follows:
Section (a) is new and is derived from FRCP 9 (a) the 1970
version of Fed. R. Civ. P. 9 (a).
Section (b) is new and is derived from FRCP 9 (c) the 1970
version of Fed. R. Civ. P. 9 (c).
Section (c) is derived from the exception in former Rule 301 c.
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MARYLAND RULES OF PROCEDURE
TITLE 2 - CIVIL PROCEDURE – CIRCUIT COURT
CHAPTER 300 - PLEADINGS AND MOTIONS
AMEND Rule 2-305 to change the source note to reflect the
corresponding federal rule as of the date of adoption of
the Maryland Rule, as follows:
Rule 2-305.
CLAIMS FOR RELIEF
. . .
Source: This Rule is derived in part from former Rules 301 c,
340 a, and 370 a 3 and FRCP 8 (a) the 1966 version of Fed. R.
Civ. P. 8 (a) and is in part new.
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MARYLAND RULES OF PROCEDURE
TITLE 2 - CIVIL PROCEDURE--CIRCUIT COURT
CHAPTER 300 - PLEADINGS AND MOTIONS
AMEND Rule 2-311 to delete certain language from section
(d), as follows:
Rule 2-311.
MOTIONS
. . .
(d)
Affidavit
A motion or a response to a motion that is based on facts
not contained in the record or papers on file in the proceeding
shall be supported by affidavit and accompanied by any papers on
which it is based.
. . .
-34-
MARYLAND RULES OF PROCEDURE
TITLE 2 - CIVIL PROCEDURE--CIRCUIT COURT
CHAPTER 300 - PLEADINGS AND MOTIONS
AMEND Rule 2-321 (b) to correct an internal reference and to
make certain stylistic changes, as follows:
Rule 2-321.
TIME FOR FILING ANSWER
. . .
(b)
Exceptions
(1) A defendant who is served with an original pleading
outside of the State but within the United States shall file an
answer within 60 days after being served.
(2) A defendant who is served with an original pleading by
publication or posting, pursuant to Rule 2-122, shall file an
answer within the time specified in the notice.
(3) A person who is required by statute of this State to have
a resident agent that and who is served with an original pleading
by service upon the State Department of Assessments and Taxation,
the Insurance Commissioner, or some other agency of the State
authorized by statute to receive process shall file an answer
within 60 days after being served.
(4) The United States or an officer or agency of the United
States served with an original pleading pursuant to Rule 2-124
(f) (m) or (n) shall file an answer within 60 days after being
served.
-35-
(5) A defendant who is served with an original pleading
outside of the United States shall file an answer within 90 days
after being served.
(6) If rules for special proceedings, or statutes of this
State or of the United States, provide for a different time to
answer, the answer shall be filed as provided by those rules or
statutes.
. . .
Source: This Rule is derived as follows:
Section (a) is new.
Section (b)
Subsection (b)(1) is derived from former Rules 107 b and 307
c (4).
Subsection (b)(2) is derived from former Rule 307 a 2.
Subsection (b)(3) is derived from former Rule 106 e 3 as
cross referenced in former Rule 307 c (6).
Subsection (b)(4) is derived from former Rule 108 d as cross
referenced in former Rule 307 c (5).
Subsection (b)(5) is derived from former Rule 107 b as cross
referenced in former Rule 307 c (4).
Subsection (b)(6) is new.
Section (c) is new but is consistent with the concept of FRCP
12 the 1966 version of Fed. R. Civ. P. 12.
-36-
MARYLAND RULES OF PROCEDURE
TITLE 2 - CIVIL PROCEDURE – CIRCUIT COURT
CHAPTER 300 - PLEADINGS AND MOTIONS
AMEND Rule 2-322 to change the source note to reflect the
corresponding federal rule as of the date of adoption of
the Maryland Rule, as follows:
Rule 2-322.
PRELIMINARY MOTIONS
. . .
Source: This Rule is derived as follows:
Section (a) is derived from former Rule 323 (a)(1), (2), (3)
and (4), and the last sentence of (b).
Section (b) is new and is derived in part from FRCP 12 (b) the
1966 version of Fed. R. Civ. P. 12 (b). Subsection (b)(2)
replaces former Rules 345 (Demurrer) and 371 b (Demurrer).
Section (c) is new.
Section (d) is new and is derived from FRCP 12 (e) the 1966
version of Fed. R. Civ. P. 12 (e). It replaces former Rule 346
(Bill of Particulars).
Section (e) is derived from FRCP 12 (f) the 1966 version of
Fed. R. Civ. P. 12 (f), and in part from former Rules 301 j and
322.
Section (f) is new and is derived from FRCP 12 (g) the 1966
version of Fed. R. Civ. P. 12 (g).
-37-
MARYLAND RULES OF PROCEDURE
TITLE 2 - CIVIL PROCEDURE – CIRCUIT COURT
CHAPTER 300 - PLEADINGS AND MOTIONS
AMEND Rule 2-323 to change the source note to reflect the
corresponding federal rule as of the date of adoption of
the Maryland Rule, as follows:
Rule 2-323.
ANSWER
. . .
Source: This Rule is derived as follows:
Section (a) is new.
Section (b) is new.
Section (c) is derived from FRCP 8 (b) the 1966 version of Fed.
R. Civ. P. 8 (b) and former Rule 372 a 2.
Section (d) is derived from former Rule 342 b 1 and 2.
Section (e) is derived from FRCP 8 (d) the 1966 version of Fed.
R. Civ. P. 8 (d) and former Rules 372 b and b 1 and 312 b.
Section (f) is derived from former Rules 311 a, 342 c 1, and 2,
and 323 a 5 and from FRCP 9 (a) the 1970 version of Fed. R. Civ.
P. 9 (a).
Section (g) is derived from FRCP 8 (c) the 1966 version of Fed.
R. Civ. P. 8 (c) and former Rule 342 c 1 and 2.
Section (h) is new.
-38-
MARYLAND RULES OF PROCEDURE
TITLE 2 - CIVIL PROCEDURE – CIRCUIT COURT
CHAPTER 300 - PLEADINGS AND MOTIONS
AMEND Rule 2-324 to change the source note to reflect the
corresponding federal rule as of the date of adoption of
the Maryland Rule, as follows:
Rule 2-324.
PRESERVATION OF CERTAIN DEFENSES
. . .
Source: This Rule is derived as follows:
Section (a) is derived from FRCP 12 (h)(2) the 1966 version of
Fed. R. Civ. P. 12 (h)(2) and former Rule 323 b.
Section (b) is derived from FRCP 12 (h)(3) the 1966 version of
Fed. R. Civ. P. 12 (h)(3).
-39-
MARYLAND RULES OF PROCEDURE
TITLE 2 - CIVIL PROCEDURE – CIRCUIT COURT
CHAPTER 300 - PLEADINGS AND MOTIONS
AMEND Rule 2-325 to change the source note to reflect the
corresponding federal rule as of the date of adoption of
the Maryland Rule, as follows:
Rule 2-325.
JURY TRIAL
. . .
Source: This Rule is derived as follows:
Section (a) is derived from former Rule 343 a and FRCP 38 (b)
the 1966 version of Fed. R. Civ. P. 38 (b).
Section (b) is new and is derived from FRCP 38 (b) and (d) the
1966 version of Fed. R. Civ. P. 38 (b) and (d).
Section (c) is new.
Section (d) is derived from former Rule 343 d.
Section (e) is derived from former Rule 545.
Section (f) is derived from former Rule 343 e and from FRCP 38
(d) the 1966 version of Fed. R. Civ. P. 38 (d).
-40-
MARYLAND RULES OF PROCEDURE
TITLE 2 - CIVIL PROCEDURE--CIRCUIT COURT
CHAPTER 300 - PLEADINGS AND MOTIONS
AMEND Rule 2-326 by adding to section (a) language referring
to section (d) of Rule 3-326, as follows:
Rule 2-326.
CERTAIN TRANSFERS FROM DISTRICT COURT ON DEMAND FOR
JURY TRIAL
(a)
Notice
Upon entry on the docket of an action transferred from the
District Court pursuant to a demand for jury trial or a demand
for transfer pursuant to section (d) of Rule 3-326, the clerk
shall send to the plaintiff and each party that who has been
served in the District Court action a notice that states the date
of entry and the assigned docket reference and includes a "Notice
to Defendant" in substantially the following form:
Notice to Defendant
If you are a "defendant," “counter-defendant,"
“cross defendant," or “third-party defendant"
in this action and you wish to contest the
case against you, you must file in this court
an answer or other response to the complaint,
counterclaim, cross-claim, or third-party
claim within 30 days after the date of this
notice, regardless of whether you filed a
-41-
notice of intention to defend or other
response in the District Court.
Committee note: If an action is transferred and a defendant or
third-party defendant has not been served with process, the
burden is on the plaintiff or third-party plaintiff to obtain
service, as if the action were originally filed in a circuit
court.
(b)
Answer or Other Response; Subsequent Proceedings
Regardless of whether a notice of intention to defend or
other response was filed in the District Court, a defendant,
counter-defendant, cross defendant, or third-party defendant
shall file an answer or other response to the complaint,
counterclaim, cross-claim, or third-party claim within 30 days
after the clerk sends the notice required by section (a) of this
Rule.
Following the expiration of the 30-day period, the action
shall thereafter proceed as if originally filed in the circuit
court.
Source:
This Rule is new.
-42-
MARYLAND RULES OF PROCEDURE
TITLE 2 - CIVIL PROCEDURE--CIRCUIT COURT
CHAPTER 300 - PLEADINGS AND MOTIONS
AMEND Rule 2-327 to add a certain cross reference and to
conform subsection (a)(3) to a certain constitutional amendment
and legislation, as follows:
Rule 2-327.
(a)
TRANSFER OF ACTION
Transfer to District Court
(1)
If Circuit Court Lacks Jurisdiction
If an action within the exclusive jurisdiction of the
District Court is filed in the circuit court but the court
determines that in the interest of justice the action should not
be dismissed, the court may transfer the action to the District
Court sitting in the same county.
Cross reference: See Rule 3-101 (c) concerning complaints that
are timely filed in the circuit court and dismissed for lack of
subject matter jurisdiction.
(2)
If Circuit Court Has Jurisdiction -- Generally
Except as otherwise provided in subsection (a)(3) of
this Rule, the court may transfer an action within its
jurisdiction to the District Court sitting in the same county if
all parties to the action (A) consent to the transfer, (B) waive
any right to a jury trial they currently may have and any right
they may have to a jury trial following transfer to the District
Court, including on appeal from any judgment entered, and (C)
-43-
make any amendments to the pleadings necessary to bring the
action within the jurisdiction of the District Court.
(3)
If Circuit Court Has Jurisdiction -- Domestic Violence
Actions
(A)
In an action under Code, Family Law Article, Title 4,
Subtitle 5, after entering a temporary protective order granting
ex parte relief, a circuit court, on motion or on its own
initiative, may transfer the action to the District Court for the
final protective order hearing if, after inquiry, the court finds
that (i) there is no other action between the parties pending in
the circuit court, (ii) the respondent has sought relief under
Code, Family Law Article, Title 4, Subtitle 5, in the District
Court, and (iii) in the interests of justice, the action should
be heard in the District Court.
(B)
In determining whether a hearing in the District Court
is in the interests of justice, the court shall consider (i) the
safety of each person eligible for relief, (ii) the convenience
of the parties, (iii) the pendency of other actions involving the
parties or children of the parties in one of the courts, (iv)
whether a transfer will result in undue delay, (v) the services
that may be available in or through each court, and (vi) the
efficient operation of the courts.
(C)
The consent of the parties is not required for a
transfer under this subsection.
(D)
After the action is transferred, the District Court
has jurisdiction for the purposes of enforcing and extending the
-44-
temporary ex parte protective order as allowed by law.
Cross reference: See Code, Family Law Article, §4-505 (c)
concerning the duration and extension of a temporary ex parte
protective order.
. . .
-45-
MARYLAND RULES OF PROCEDURE
TITLE 2 - CIVIL PROCEDURE -- CIRCUIT COURT
CHAPTER 400 - DISCOVERY
AMEND Rule 2-401 to add language to the Committee note after
subsection (d)(2) that encourages parties to provide discovery
material in an electronic format upon request and to make a
certain stylistic change, as follows:
Rule 2-401.
(a)
GENERAL PROVISIONS GOVERNING DISCOVERY
Discovery Methods
Parties may obtain discovery by one or more of the
following methods: (1) depositions upon oral examination or
written questions, (2) written interrogatories, (3) production or
inspection of documents or other tangible things or permission to
enter upon land or other property, (4) mental or physical
examinations, and (5) requests for admission of facts and
genuineness of documents.
(b)
Sequence and Timing of Discovery
Unless the court orders otherwise, methods of discovery
may be used in any sequence and the fact
that a party is
conducting discovery, whether by deposition or otherwise, shall
not operate to delay any other party's discovery.
The court may
at any time order that discovery be completed by a specified date
or time, which shall be a reasonable time after the action is at
issue.
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(c)
Discovery Plan
The parties are encouraged to reach agreement on a plan
for the scheduling and completion of discovery.
(d)
(1)
Discovery Material
Defined
For purposes of this section, the term "discovery
material" means a notice of deposition, an objection to the form
of a notice of deposition, the questions for a deposition upon
written questions, an objection to the form of the questions for
a deposition upon written questions, a deposition transcript,
interrogatories, a response to interrogatories, a request for
discovery of documents and property, a response to a request for
discovery of documents and property, a request for admission of
facts and genuineness of documents, and a response to a request
for admission of facts and genuineness of documents.
(2)
Not to be Filed with Court
Except as otherwise provided in these rules or by order
of court, discovery material shall not be filed with the court.
Instead, the party generating the discovery material shall serve
the discovery material on all other parties and shall file with
the court a notice stating (A) the type of discovery material
served, (B) the date and manner of service, and (C) the party or
person served.
The party generating the discovery material shall
retain the original and shall make it available for inspection by
any other party.
This section does not preclude the use of
discovery material at trial or as exhibits to support or oppose
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motions.
Cross reference:
Rule 2-311 (c).
Committee note: Rule 1-321 requires that the notice be served on
all parties. Rule 1-323 requires that it contain a certificate
of service. Parties exchanging discovery material are encouraged
to comply with requests that the material be provided in a word
processing file or other electronic format.
(e)
Supplementation of Responses
Except in the case of a deposition, a party who has
responded to a request or order for discovery and who obtains
further material information before trial shall supplement the
response promptly.
(f)
Substitution of a Party
Substitution of a party pursuant to Rule 2-241 does not
affect the conduct of discovery previously commenced or the use
of the product of discovery previously conducted.
(g)
Stipulations Regarding Discovery Procedure
Unless the court orders otherwise, the parties by written
stipulation may (1) provide that a deposition may be taken before
any person, at any time or place, upon any notice, and in any
manner and, when so taken, may be used like other depositions and
(2) modify the procedures provided by these rules for other
methods of discovery, except that the parties may not modify any
discovery procedure if the effect of the modification would be to
impair or delay a scheduled court proceeding or conference or
delay the time specified in a court order for filing a motion or
other paper.
-48-
Source: This Rule is derived as follows:
Section (a) is derived from FRCP 26 (a) the 1980 version of
Fed. R. Civ. P. 26 (a).
Section (b) is derived from FRCP 26 (d) the 1980 version of
Fed. R. Civ. P. 26 (d).
Section (c) is new.
Section (d) is new.
Section (e) is derived from former Rule 417 a 3.
Section (f) is derived from former Rule 413 a 5.
Section (g) is derived in part from FRCP 29 the 1993 version of
Fed. R. Civ. P. 29 and former Rule 404 and is in part new.
-49-
MARYLAND RULES OF PROCEDURE
TITLE 2 - CIVIL PROCEDURE--CIRCUIT COURT
CHAPTER 400 - DISCOVERY
AMEND Rule 2-402 to add a new section (b) concerning
alterations to discovery, to expand the scope of discovery by
interrogatory concerning expert witnesses, to specify that any
discovery beyond interrogatories concerning expert witnesses will
consist of depositions, to add a new category of expert witness,
to add certain provisions concerning expert witness fees, and to
add a Committee note, as follows:
Rule 2-402.
SCOPE OF DISCOVERY
Unless otherwise limited by order of the court in accordance
with these rules, the scope of discovery is as follows:
(a)
Generally
A party may obtain discovery regarding any matter, not
privileged, including the existence, description, nature,
custody, condition, and location of any documents or other
tangible things and the identity and location of persons having
knowledge of any discoverable matter, if the matter sought is
relevant to the subject matter involved in the action, whether it
relates to the claim or defense of the party seeking discovery or
to the claim or defense of any other party.
It is not ground for
objection that the information sought is already known to or
otherwise obtainable by the party seeking discovery or that the
-50-
information will be inadmissible at the trial if the information
sought appears reasonably calculated to lead to the discovery of
admissible evidence.
An interrogatory or deposition question
otherwise proper is not objectionable merely because the response
involves an opinion or contention that relates to fact or the
application of law to fact.
(b) Alterations
In a particular case, the court, on motion or on its own
initiative and after consultation with the parties, by order may
limit or alter the limits in these rules on the length and number
of depositions, the number of interrogatories, the number of
requests for production of documents, and the number of requests
for admissions.
The court shall limit the frequency or extent of
use of the discovery methods otherwise permitted under these
rules if it determines that (1) the discovery sought is
unreasonably cumulative or duplicative or is obtainable from some
other source that is more convenient, less burdensome, or less
expensive; (2) the party seeking discovery has had ample
opportunity by discovery in the action to obtain the information
sought; or (3) the burden or expense of the proposed discovery
outweighs its likely benefit, taking into account the complexity
of the case, the amount in controversy, the parties’ resources,
the importance of the issues at stake in the litigation, and the
importance of the proposed discovery in resolving the issues.
(b) (c) Insurance Agreement
A party may obtain discovery of the existence and contents
-51-
of any insurance agreement under which any person carrying on an
insurance business might be liable to satisfy part or all of a
judgment that might be entered in the action or to indemnify or
reimburse for payments made to satisfy the judgment.
Information
concerning the insurance agreement is not by reason of disclosure
admissible in evidence at trial.
For purposes of this section,
an application for insurance shall not be treated as part of an
insurance agreement.
(c) (d) Trial Preparation – Materials
Subject to the provisions of sections (d) (e) and (e) (f)
of this Rule, a party may obtain discovery of documents or other
tangible things prepared in anticipation of litigation or for
trial by or for another party or by or for that other party’s
representative (including an attorney, consultant, surety,
indemnitor, insurer, or agent) only upon a showing that the
materials are discoverable under section (a) of this Rule and
that the party seeking discovery has substantial need for the
materials in the preparation of the case and is unable without
undue hardship to obtain the substantial equivalent of the
materials by other means.
In ordering discovery of these
materials when the required showing has been made, the court
shall protect against disclosure of the mental impressions,
conclusions, opinions, or legal theories of an attorney or other
representative of a party concerning the litigation.
(d) (e) Trial Preparation – Party’s or Witness’ Own Statement
A party may obtain a statement concerning the action or
-52-
its subject matter previously made by that party without the
showing required under section (c) (d) of this Rule.
A person
who is not a party may obtain, or may authorize in writing a
party to obtain, a statement concerning the action or its subject
matter previously made by that person without the showing
required under section (c) (d) of this Rule.
For purposes of
this section, a statement previously made is (1) a written
statement signed or otherwise adopted or approved by the person
making it, or (2) a stenographic, mechanical, electrical, or
other recording, or a transcription thereof, that is a
substantially verbatim recital of an oral statement by the person
making it and contemporaneously recorded.
(e) (f) Trial Preparation--Experts
(1)
Expected to Be Called at Trial
(A) Generally
Discovery of findings and opinions of experts, otherwise
discoverable under the provisions of section (a) of this Rule and
acquired or developed in anticipation of litigation or for trial,
may be obtained without the showing required under section (c) of
this Rule only as follows:
(A) A party by interrogatories may
require any other party to identify each person, other than a
party, whom the other party expects to call as an expert witness
at trial,; to state the subject matter on which the expert is
expected to testify,; to state the substance of the findings and
the opinions to which the expert is expected to testify and a
summary of the grounds for each opinion,; and to produce any
-53-
written report made by the expert concerning those findings and
opinions; (B) a party may obtain further discovery, by deposition
or otherwise, of the findings and opinions to which an expert is
expected to testify at trial, including any written reports made
by the expert concerning those findings and opinions.
A party
also may take the deposition of the expert.
Committee note: This subsection requires a party to disclose the
name and address of any witness who may give an expert opinion at
trial, whether or not that person was retained in anticipation of
litigation or for trial. Cf. Dorsey v. Nold, 362 Md. 241 (2001).
See Rule 104.10 of the Rules of the U.S. District Court for the
District of Maryland. The subsection does not require, however,
that a party name himself or herself as an expert. See Turgut v.
Levin, 79 Md. App. 279 (1989).
(B)
Additional Disclosure With Respect to Experts Retained
in Anticipation of Litigation or for Trial
In addition to the discovery permitted under
subsection (f)(1)(A) of this Rule, a party by interrogatories may
require the other party to summarize the qualifications of a
person expected to be called as an expert witness at trial and
whose findings and opinions were acquired or obtained in
anticipation of litigation or for trial, to produce any available
list of publications written by that expert, and to state the
terms of the expert’s compensation.
(2)
Not Expected to Be Called at Trial
When an expert has been retained by a party in
anticipation of litigation or preparation for trial but is not
expected to be called as a witness at trial, discovery of the
identity, findings, and opinions of the expert may be obtained
-54-
only if a showing of the kind required by section (c) (d) of this
Rule is made.
(3)
Fees and Expenses of Deposition
Unless the court orders otherwise on the ground of
manifest injustice would result, the party seeking discovery: (A)
the court shall require that the party seeking discovery shall
pay the each expert a reasonable fee, at a rate not exceeding the
rate charged by the expert for time spent in responding to
discovery under subsections (e)(1)(B) and (e)(2) of this Rule
preparing for a deposition, for the time spent in attending a
deposition and for the time and expenses reasonably incurred in
travel to and from the deposition; and (B) with respect to
discovery obtained under subsection (e)(1)(B) of this Rule the
court may require, and with respect to discovery obtained under
subsection (e)(2) of this Rule the court shall require, the party
seeking discovery to pay the other party a fair portion of the
fees and expenses reasonably incurred by he latter party in
obtaining findings and opinions from experts when obtaining
discovery under subsection (f)(2) of this Rule, shall pay each
expert a reasonable fee for preparing for the deposition.
Source: This Rule is derived as follows:
Section (a) is derived from former Rule 400 c and FRCP the 1980
version of Fed. R. Civ. P. 33 (b).
Section (b) is new and is derived from the 2000 version of Fed.
R. Civ. P. 26 (b)(2).
Section (b) (c) is new and is derived from FRCP the 1980
version of Fed. R. Civ. P. 26 (b)(2).
Section (c) (d) is derived from former Rule 400 d.
Section (d) (e) is derived from former Rule 400 e.
Section (e) (f)
-55-
Subsection (f)(1) is derived in part from FRCP the 1980
version of Fed. R. Civ. P. 26 (b)(4) and former Rule 400 f and is
in part new.
Subsection (f)(2) is derived from FRCP the 1980 version of
Fed. R. Civ. P. 26 (b)(4) and former Rule U12 b.
Subsection (f)(3) is derived in part from FRCP the 1980
version of Fed. R. Civ. P. 26 (b)(4) and is in part new.
-56-
MARYLAND RULES OF PROCEDURE
TITLE 2 - CIVIL PROCEDURE – CIRCUIT COURT
CHAPTER 400 - DISCOVERY
AMEND Rule 2-403 to change the source note to reflect the
corresponding federal rule as of the date of adoption of
the Maryland Rule, as follows:
Rule 2-403.
PROTECTIVE ORDERS
. . .
Source: This Rule is derived as follows:
Section (a) is derived from FRCP 26 (c) the 1980 version of Fed.
R. Civ. P. 26 (c) and FRCP 33 (b) the 1980 version of Fed. R. Civ.
P. 33 (b) and from former Rule 406 a.
Section (b) is derived from FRCP 26 (c) the 1980 version of Fed.
R. Civ. P. 26 (c).
-57-
MARYLAND RULES OF PROCEDURE
TITLE 2 - CIVIL PROCEDURE – CIRCUIT COURT
CHAPTER 400 - DISCOVERY
AMEND Rule 2-404 to change the source note to reflect the
corresponding federal rule as of the date of adoption of
the Maryland Rule, as follows:
Rule 2-404.
PERPETUATION OF EVIDENCE
. . .
Source: This Rule is derived as follows:
Section (a)
Subsection (a)(1) is derived from FRCP 27 the 1971 version of
Fed. R. Civ. P. 27 and former Rule 402.
Subsection (a)(2) is new.
Subsection (a)(3) is new and replaces former Rule 402 d.
Subsection (a)(4) is new.
Subsection (a)(5) is new.
Subsection (a)(6) is new and replaces former Rule 402 e.
Section (b) is derived from FRCP 27 (b) the 1971 version of Fed.
R. Civ. P. 27 (b).
-58-
MARYLAND RULES OF PROCEDURE
TITLE 2 - CIVIL PROCEDURE -- CIRCUIT COURT
CHAPTER 400 - DISCOVERY
AMEND Rule 2-411 to provide generally for a seven-hour
limitation on the duration of a deposition and to make certain
stylistic changes, as follows:
Rule 2-411.
DEPOSITION — RIGHT TO TAKE
Any party to an action may cause the testimony of a person,
whether or not a party, to be taken by deposition for the purpose
of discovery or for use as evidence in the action or for both
purposes.
Leave of court must be obtained to take a deposition
(a) before the earliest day on which any defendant’s initial
pleading or motion is required; or (b) that is longer than one
seven-hour day; (c) of an individual confined in prison; or (b)
(d) of an individual who has previously been deposed in the same
action; or (c) of an individual confined in prison.
Leave of
court may be granted on such terms as the court prescribes.
Source: This Rule is derived from former Rule 401 and the 2000
version of Fed. R. Civ. P. 30 (d)(2).
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MARYLAND RULES OF PROCEDURE
TITLE 2 - CIVIL PROCEDURE--CIRCUIT COURT
CHAPTER 400 - DISCOVERY
AMEND Rule 2-412 to make certain stylistic changes to the
source note, as follows:
Rule 2-412.
DEPOSITION--NOTICE
. . .
Source: This Rule is derived as follows:
Section (a) is derived from former Rule 405 a 1 and a 2 (a) and
FRCP 30 (b)(1) the 1980 version of Fed. R. Civ. P. 30 (b)(1).
Section (b) is derived from Rule 410 c.
Section (c) is derived from FRCP 30 (b)(5) the 1980 version of
Fed. R. Civ. P. 30 (b)(5).
Section (d) is derived from FRCP 30 (b)(6) the 1980 version of
Fed. R. Civ. P. 30 (b)(6) and former Rule 405 a 2 (b).
Section (e) is derived from former Rule 412 a.
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MARYLAND RULES OF PROCEDURE
TITLE 2 - CIVIL PROCEDURE – CIRCUIT COURT
CHAPTER 400 - DISCOVERY
AMEND Rule 2-414 to change the source note to reflect the
corresponding federal rule as of the date of adoption of
the Maryland Rule, as follows:
Rule 2-414.
DEPOSITION – OFFICER BEFORE WHOM TAKEN
. . .
Source: This Rule is derived as follows:
Section (a) is derived from former Rule 403 a.
Section (b) is derived from former Rule 403 b.
Section (c) is derived from FRCP 28 (b) the 1980 version of Fed.
R. Civ. P. 28 (b) and former Rule 403 c.
Section (d) is derived from former Rule 403 d and FRCP 28 (c)
the 1980 version of Fed. R. Civ. P. 28 (c).
Section (e) is derived from former Rule 412 b.
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MARYLAND RULES OF PROCEDURE
TITLE 2 - CIVIL PROCEDURE – CIRCUIT COURT
CHAPTER 400 - DISCOVERY
AMEND Rule 2-418 to change the source note to reflect the
corresponding federal rule as of the date of adoption of
the Maryland Rule, as follows:
Rule 2-418.
DEPOSITION – BY TELEPHONE
. . .
Source: This Rule is new and is derived from FRCP 30 (b)(7) the
1980 version of Fed. R. Civ. P. 30 (b)(7).
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MARYLAND RULES OF PROCEDURE
TITLE 2 - CIVIL PROCEDURE -- CIRCUIT COURT
CHAPTER 400 - DISCOVERY
AMEND Rule 2-421 to delete the phrase “at any time” from
section (a) and to make a certain stylistic change, as follows:
Rule 2-421.
(a)
INTERROGATORIES TO PARTIES
Availability; Number
Any party may serve at any time written interrogatories
directed to any other party.
Unless the court orders otherwise, a
party may serve one or more sets having a cumulative total of not
more than 30 interrogatories to be answered by the same party.
Interrogatories, however grouped, combined, or arranged and even
though subsidiary or incidental to or dependent upon other
interrogatories, shall be counted separately.
Each form
interrogatory contained in the Appendix to these Rules shall count
as a single interrogatory.
. . .
Source: This Rule is derived as follows:
Section (a) is derived in part from former Rule 417 a 1 and 2
and is in part new.
Section (b) is derived from former Rule 417 b 1 and 2.
Section (c) is derived from former Rule 417 f and FRCP 33 (c)
the 1980 version of Fed. R. Civ. P. 33 (c).
Section (d) is derived from former Rule 417 d.
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MARYLAND RULES OF PROCEDURE
TITLE 2 - CIVIL PROCEDURE -- CIRCUIT COURT
CHAPTER 400 - DISCOVERY
AMEND Rule 2-422 to delete the phrase “at any time” from
section (a) and to make a certain stylistic change, as follows:
Rule 2-422.
(a)
DISCOVERY OF DOCUMENTS AND PROPERTY
Scope
Any party may serve at any time one or more requests to any
other party (1) as to items that are in the possession, custody,
or control of the party upon whom the request is served, to
produce and permit the party making the request, or someone acting
on the party's behalf, to inspect and copy any designated
documents (including writings, drawings, graphs, charts,
photographs, recordings, and other data compilations from which
information can be obtained, translated, if necessary, by the
respondent through detection devices into reasonably usable form)
or to inspect and copy, test, or sample any tangible things which
constitute or contain matters within the scope of Rule 2-402 (a);
or (2) to permit entry upon designated land or other property in
the possession or control of the party upon whom the request is
served for the purpose of inspection, measuring, surveying,
photographing, testing, or sampling the property or any designated
object or operation on the property, within the scope of Rule
2-402 (a).
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. . .
Source: This Rule is derived from former Rule 419 and FRCP 34 the
1980 version of Fed. R. Civ. P. 34.
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MARYLAND RULES OF PROCEDURE
TITLE 2 - CIVIL PROCEDURE -- CIRCUIT COURT
CHAPTER 400 - DISCOVERY
AMEND Rule 2-424 to delete the phrase “at any time” from
section (a), to add language to section (b) requiring parties
responding to requests for admissions to set forth the request
with the response, and to make a certain stylistic change, as
follows:
Rule 2-424.
(a)
ADMISSION OF FACTS AND GENUINENESS OF DOCUMENTS
Request for Admission
A party may serve at any time one or more written requests
to any other party for the admission of (1) the genuineness of any
relevant documents described in or exhibited with the request, or
(2) the truth of any relevant matters of fact set forth in the
request.
Copies of documents shall be served with the request
unless they have been or are otherwise furnished or made available
for inspection and copying.
Each matter of which an admission is
requested shall be separately set forth.
(b)
Response
Each matter of which an admission is requested shall be
deemed admitted unless, within 30 days after service of the
request or within 15 days after the date on which that party's
initial pleading or motion is required, whichever is later, the
party to whom the request is directed serves a response signed by
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the party or the party's attorney.
As to each matter of which an
admission is requested, the response shall set forth each request
for admission and shall specify an objection, or shall admit or
deny the matter, or shall set forth in detail the reason why the
respondent cannot truthfully admit or deny it. The reasons for any
objection shall be stated.
A denial shall fairly meet the
substance of the requested admission, and when good faith requires
that a party qualify an answer or deny only a part of the matter
of which an admission is requested, the party shall specify so
much of it as is true and deny or qualify the remainder.
A
respondent may not give lack of information or knowledge as a
reason for failure to admit or deny unless the respondent states
that after reasonable inquiry the information known or readily
obtainable by the respondent is insufficient to enable the
respondent to admit or deny.
A party who considers that a matter
of which an admission is requested presents a genuine issue for
trial may not, on that ground alone, object to the request but the
party may, subject to the provisions of section (e) of this Rule,
deny the matter or set forth reasons for not being able to admit
or deny it.
. . .
Source: This Rule is derived as follows:
Section (a) is derived from former Rule 421 a and FRCP 36 (a)
the 1970 version of Fed. R. Civ. P. 36 (a).
Section (b) is derived from former Rule 421 b 1 and 2 and FRCP
36 (a) the 1970 version of Fed. R. Civ. P. 36 (a).
Section (c) is derived from former Rule 421 d.
Section (d) is derived from FRCP 36 (b) the 1970 version of Fed.
R. Civ. P. 36 (b) and former Rule 421 c and f.
Section (e) is derived from former Rule 421 e.
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MARYLAND RULES OF PROCEDURE
TITLE 2 - CIVIL PROCEDURE -- CIRCUIT COURT
CHAPTER 400 - DISCOVERY
AMEND 2-432 (c) for conformity with proposed amendments to
Rule 2-402, as follows:
Rule 2-432.
MOTIONS UPON FAILURE TO PROVIDE DISCOVERY
. . .
(c)
By Nonparty to Compel Production of Statement
If a party fails to comply with a request of a nonparty
made pursuant to Rule 2-402 (d) (e) for production of a statement,
the nonparty may move for an order compelling its production.
. . .
-68-
MARYLAND RULES OF PROCEDURE
TITLE 2 - CIVIL PROCEDURE – CIRCUIT COURT
CHAPTER 400 - DISCOVERY
AMEND Rule 2-433 to change the source note to reflect the
corresponding federal rule as of the date of adoption of
the Maryland Rule, as follows:
Rule 2-433.
SANCTIONS
. . .
Source: This Rule is derived as follows:
Section (a) is derived from former Rule 422 c 1 and 2.
Section (b) is derived from former Rule 422 b.
Section (c) is derived from FRCP 37 (a)(4) the 1980 version of
Fed. R. Civ. P. 37 (a)(4) and former Rule 422 a 5, 6 and 7.
-69-
MARYLAND RULES OF PROCEDURE
TITLE 2 - CIVIL PROCEDURE -- CIRCUIT COURT
CHAPTER 500 - TRIAL
AMEND Rule 2-504 (b)(1)(B) for conformity with proposed
amendments to Rule 2-402, as follows:
Rule 2-504.
SCHEDULING ORDER
. . .
(b)
Contents of Scheduling Order
(1)
Required
A scheduling order shall contain:
(A) an assignment of the action to an appropriate scheduling
category of a differentiated case management system established
pursuant to Rule 16-202;
(B) one or more dates by which each party shall identify
each person whom the party expects to call as an expert witness at
trial, including all information specified in Rule 2-402 (e)
(1)(A) (f)(1);
(C) one or more dates by which each party shall file the
notice required by Rule 2-504.3 (b) concerning computer-generated
evidence;
(D) a date by which all discovery must be completed;
(E) a date by which all dispositive motions must be filed;
and
(F) any other matter resolved at a scheduling conference
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held pursuant to Rule 2-504.1.
. . .
-71-
MARYLAND RULES OF PROCEDURE
TITLE 2 - CIVIL PROCEDURE -- CIRCUIT COURT
CHAPTER 500 - TRIAL
AMEND Rule 2-504.2 by adding language to subsection (b)(8)
and adding new subsections (b)(9) and (b)(10) to conform the Rule
to Fed. R. Civ. P. 26 (a)(3), as follows:
Rule 2-504.2.
(a)
PRETRIAL CONFERENCE
Generally
The court, on motion or on its own initiative, may direct
all parties to appear before it for a conference before trial.
If
the court directs, each party shall file not later than five days
before the conference a written statement addressing the matters
listed in section (b) of this Rule.
(b)
Matters to be Considered
The following matters may be considered at a pretrial
conference:
(1) A brief statement by each plaintiff of the facts to be
relied on in support of a claim;
(2) A brief statement by each defendant of the facts to be
relied on as a defense to a claim;
(3) Similar statements as to any counterclaims, cross-claim,
or third-party claim;
(4) Any amendments required of the pleadings;
(5) Simplification or limitation of issues;
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(6) Stipulations of fact or, if unable to agree, a statement
of matters of which any party requests an admission;
(7) The details of the damage claimed or any other relief
sought as of the date of the pretrial conference;
(8) A listing of the documents and records to be offered in
evidence by each party at the trial, other than those expected to
be used solely for impeachment, indicating which documents the
parties agree may be offered in evidence without the usual
authentication and separately identifying those that the party may
offer only if the need arises;
(9) A listing by each party of the name, address, and
telephone number of each non-expert whom the party expects to call
as a witness at trial (other than those expected to be used solely
for impeachment) separately identifying those whom the party may
call only if the need arises;
(10) A listing by each party of those witnesses whose
testimony is expected to be presented by means of a deposition
(other than those expected to be used solely for impeachment) and
a transcript of the pertinent portions of any deposition testimony
that was not taken stenographically;
(9) (11) A listing by each party of the names and specialties
of experts the party proposes to call as witnesses;
(10) (12) Any other matter that the party wishes to raise at
the conference.
(c)
Pretrial Order
The court shall enter an order that recites in detail the
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decisions made at the conference.
The order controls the
subsequent course of the action but may be modified by the court
to prevent manifest injustice.
Source: Prior to 1994, this Rule was numbered Rule 2-504. It is
derived from former Rule 504 a, b, and c, and FRCP 16 the 1937
version of Fed. R. Civ. P. 16, and the 2000 version of Fed. R.
Civ. P. 26 (a)(3).
-74-
MARYLAND RULES OF PROCEDURE
TITLE 2 - CIVIL PROCEDURE – CIRCUIT COURT
CHAPTER 500 - TRIAL
AMEND Rule 2-506 to change the source note to reflect the
corresponding federal rule as of the date of adoption of
the Maryland Rule, as follows:
Rule 2-506.
VOLUNTARY DISMISSAL
. . .
Source: This Rule is derived as follows:
Section (a) is derived from FRCP 41 (a)(1) the 1968 version of
Fed. R. Civ. P. 41 (a)(1).
Section (b) is derived from former Rule 541 b and FRCP 41 (a)(2)
the 1968 version of Fed. R. Civ. P 41 (a)(2).
Section (c) is derived from former Rule 541 c.
Section (d) is derived from former Rules 541 d and 582 b.
Section (e) is derived from FRCP 41 (c) the 1968 version of Fed.
R. Civ. P. 41 (c).
-75-
MARYLAND RULES OF PROCEDURE
TITLE 2 - CIVIL PROCEDURE – CIRCUIT COURT
CHAPTER 500 - TRIAL
AMEND Rule 2-510 to change the source note to reflect the
corresponding federal rule as of the date of adoption of
the Maryland Rule, as follows:
Rule 2-510.
SUBPOENAS
. . .
Source: This Rule is derived as follows:
Section (a) is new but the second sentence is derived in part
from former Rule 407 a.
Section (b) is new.
Section (c) is derived from former Rules 114 a and b, 115 a and
405 a 2 (b).
Section (d) is derived from former Rules 104 a and b and 116 b.
Section (e) is derived from former Rule 115 b.
Section (f) is derived from FRCP 45 (d)(1) the 1980 version of
Fed. R. Civ. P. 45 (d)(1).
Section (g) is derived from FRCP 45 (c)(1) the 1991 version of
Fed. R. Civ. P. 45 (c)(1).
Section (h) is new.
Section (i) is derived from former Rules 114 d and 742 e.
-76-
MARYLAND RULES OF PROCEDURE
TITLE 2 - CIVIL PROCEDURE – CIRCUIT COURT
CHAPTER 500 - TRIAL
AMEND Rule 2-511 to change the source note to reflect the
corresponding federal rule as of the date of adoption of
the Maryland Rule, as follows:
Rule 2-511.
TRIAL BY JURY
. . .
Source: This Rule is derived as follows:
Section (a) is new and is derived in part from FRCP 38 (a) the
1966 version of Fed. R. Civ. P. 38 (a).
Section (b) is derived from former Rule 544 and FRCP 48 the 1991
version of Fed. R. Civ. P. 48.
Section (c) is derived from former Rule 543 a 8.
Section (d) is derived from former Rule 517.
-77-
MARYLAND RULES OF PROCEDURE
TITLE 2 - CIVIL PROCEDURE – CIRCUIT COURT
CHAPTER 500 - TRIAL
AMEND Rule 2-519 to change the source note to reflect the
corresponding federal rule as of the date of adoption of
the Maryland Rule, as follows:
Rule 2-519.
MOTION FOR JUDGMENT
. . .
Source: This Rule is new but is derived in part as follows:
Section (a) is new and replaces former Rules 535 and 552 a.
Section (b) is in part derived from FRCP 41 (b) the 1968 version
of Fed. R. Civ. P. 41 (b) and is in part new.
Section (c) is derived from former Rule 552 b.
Section (d) is derived from former Rule 552 c.
-78-
MARYLAND RULES OF PROCEDURE
TITLE 2 - CIVIL PROCEDURE – CIRCUIT COURT
CHAPTER 500 - TRIAL
AMEND Rule 2-520 to change the source note to reflect the
corresponding federal rule as of the date of adoption of
the Maryland Rule, as follows:
Rule 2-520.
INSTRUCTIONS TO THE JURY
. . .
Source: This Rule is derived as follows:
Section (a) is new.
Section (b) is derived from former Rule 554 a.
Section (c) is derived from former Rule 554 b 1.
Section (d) is derived from former Rules 554 b 2 and 757 c.
Section (e) is derived from former Rule 554 d and FRCP 51 the
1937 version of Fed. R. Civ. P. 51.
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MARYLAND RULES OF PROCEDURE
TITLE 2 - CIVIL PROCEDURE -- CIRCUIT COURT
CHAPTER 500 - TRIAL
AMEND Rule 2-521 to add certain provisions concerning juror
notes and notepads and to add a requirement that the court notify
the parties of any communication from the jury as promptly as
practicable, as follows:
Rule 2-521. JURY - REVIEW OF EVIDENCE - COMMUNICATIONS
(a)
Jurors' Notes
The court may, and upon request of any party shall, provide
paper notepads for use by jurors during trial and deliberations.
The court shall maintain control over the jurors’ notes during the
trial and promptly destroy the jurors’ notes after the trial.
A
juror's notes may not be reviewed or relied upon for any purpose
by any person other than the juror.
If a juror is unable to use a
notepad because of a disability, the court shall provide a
reasonable accommodation.
(a) (b)
Items Taken to Jury Room
Jurors may take notes regarding the evidence and may keep the
notes their notes with them when they retire for their
deliberation.
Unless the court for good cause orders otherwise,
the jury may also take exhibits that have been admitted in
evidence, except that a deposition may not be taken into the jury
room without the agreement of all parties and consent of the
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court.
Written or electronically recorded instructions may be
taken into the jury room only with the permission of the court.
Cross reference:
(b) (c)
See Rule 5-802.1 (e).
Jury Request to Review Evidence
The court, after notice to the parties, may make available
to the jury testimony or other evidence requested by it.
In order
that undue prominence not be given to the evidence requested, the
court may also make available additional evidence relating to the
same factual issue.
(c) (d)
Communications With Jury
The court shall notify the parties of the receipt of any
communication from the jury pertaining to the action as promptly
as practicable and in any event before responding to the
communication.
All such communications between the court and the
jury shall be on the record in open court or shall be in writing
and filed in the action.
Source:
This Rule is derived as follows:
Section (a) is new.
Section (a) (b) is derived from former Rules 558 a, b and d and
758 b.
Section (b) (c) is derived from former Rule 758 c.
Section (c) (d) is derived from former Rule 758 d.
-81-
MARYLAND RULES OF PROCEDURE
TITLE 2 - CIVIL PROCEDURE – CIRCUIT COURT
CHAPTER 500 - TRIAL
AMEND Rule 2-522 to change the source note to reflect the
corresponding federal rule as of the date of adoption of
the Maryland Rule, as follows:
Rule 2-522.
COURT DECISION – JURY VERDICT
. . .
Source: This Rule is derived as follows:
Section (a) replaces former Rule 18 b from which it is in part
derived.
Section (b) is derived from former Rule 759 a and e and from
FRCP 48 the 1937 version of Fed. R. Civ. P. 48.
Section (c) is derived from former Rule 560 and FRCP 49 (a) the
1963 version of Fed. R. Civ. P. 49 (a).
-82-
MARYLAND RULES OF PROCEDURE
TITLE 2 - CIVIL PROCEDURE – CIRCUIT COURT
CHAPTER 500 - TRIAL
AMEND Rule 2-532 to change the source note to reflect the
corresponding federal rule as of the date of adoption of
the Maryland Rule, as follows:
Rule 2-532.
MOTION FOR JUDGMENT NOTWITHSTANDING THE VERDICT
. . .
Source: This Rule is derived as follows:
Section (a) is derived in part from former Rule 563 a and is in
part new.
Section (b) is derived from FRCP 50 (b) the 1963 version of Fed.
R. Civ. P. 50 (b) and in part from former Rule 563 a 2.
Section (c) is derived from former Rule 563 a 3.
Section (d) is derived from former Rule 563 a 4.
Section (e) is derived from former Rule 563 b.
Section (f) is derived from former Rule 563 c and FRCP 50 (c)
and (d) the 1963 version of Fed. R. Civ. P. 50 (c) and (d).
-83-
MARYLAND RULES OF PROCEDURE
TITLE 2 - CIVIL PROCEDURE – CIRCUIT COURT
CHAPTER 500 - TRIAL
AMEND Rule 2-533 to change the source note to reflect the
corresponding federal rule as of the date of adoption of
the Maryland Rule, as follows:
Rule 2-533.
MOTION FOR NEW TRIAL
. . .
Source: This Rule is derived as follows:
Section (a) is derived in part from FRCP 59 (b) the 1966 version
of Fed. R. Civ. P. 59 (b) and is in part new. It replaces former
Rules 567 a and 690.
Section (b) is derived from former Rule 567 b.
Section (c) is derived from former Rules 567 c and 563 b 3.
Section (d) is derived from former Rule 567 e.
-84-
MARYLAND RULES OF PROCEDURE
TITLE 2 - CIVIL PROCEDURE – CIRCUIT COURT
CHAPTER 500 - TRIAL
AMEND Rule 2-534 to change the source note to reflect the
corresponding federal rule as of the date of adoption of
the Maryland Rule, as follows:
Rule 2-534.
MOTION TO ALTER OR AMEND A JUDGMENT – COURT DECISION
. . .
Source: This Rule is derived from FRCP 52 (b) and 59 (a) the 1963
version of Fed. R. Civ. P. 52 (b) and the 1966 version of Fed. R.
Civ. P. 59 (a).
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MARYLAND RULES OF PROCEDURE
TITLE 2 - CIVIL PROCEDURE – CIRCUIT COURT
CHAPTER 500 - TRIAL
AMEND Rule 2-535 to change the source note to reflect the
corresponding federal rule as of the date of adoption of
the Maryland Rule, as follows:
Rule 2-535.
REVISORY POWER
. . .
Source: This Rule is derived as follows:
Section (a) is derived from former Rule 625 a.
Section (b) is derived from former Rule 625 a.
Section (c) is derived from former Rule 625 b.
Section (d) is derived from FRCP 60 (a) the 1948 version of Fed.
R. Civ. P. 60 (a) and former Rule 681.
-86-
MARYLAND RULES OF PROCEDURE
TITLE 2 - CIVIL PROCEDURE — CIRCUIT COURT
CHAPTER 500 - TRIAL
AMEND Rule 2-541 by adding the word “only” to section (b) to
clarify that no domestic relations matter may be referred to a
master except in accordance with Rule 9-208, as follows:
Rule 2-541.
MASTERS
. . .
(b)
Referral of Cases
(1)
Referral of domestic relations matters to a master shall
be in accordance with Rule 9-208 and shall proceed only in
accordance with that Rule.
(2)
On motion of any party or on its own initiative, the
court, by order, may refer to a master any other matter or issue
not triable of right before a jury.
. . .
-87-
MARYLAND RULES OF PROCEDURE
TITLE 2 - CIVIL PROCEDURE – CIRCUIT COURT
CHAPTER 600 - JUDGMENT
AMEND Rule 2-601 to change the source note to reflect the
corresponding federal rule as of the date of adoption of
the Maryland Rule, as follows:
Rule 2-601.
ENTRY OF JUDGMENT
. . .
Source: This Rule is derived as follows:
Section (a) is new and is derived from FRCP 58 the 1993 version
of Fed. R. Civ. P. 58.
Section (b) is new.
Section (c) is new.
-88-
MARYLAND RULES OF PROCEDURE
TITLE 2 - CIVIL PROCEDURE – CIRCUIT COURT
CHAPTER 600 - JUDGMENT
AMEND Rule 2-602 to change the source note to reflect
the corresponding federal rule as of the date of adoption of
the Maryland Rule, as follows:
Rule 2-602.
JUDGMENTS NOT DISPOSING OF ENTIRE ACTION
. . .
(b)
When Allowed
If the court expressly determines in a written order that
there is no just reason for delay, it may direct in the order the
entry of a final judgment:
(1) as to one or more but fewer than all of the claims or
parties; or
(2) pursuant to Rule 2-501 (e)(3), for some but less
than all of the amount requested in a claim seeking money relief
only.
Source: This Rule is derived from former Rule 605 a and FRCP 54
(b) the 1961 version of Fed. R. Civ. P. 54 (b).
-89-
MARYLAND RULES OF PROCEDURE
TITLE 2 - CIVIL PROCEDURE – CIRCUIT COURT
CHAPTER 600 - JUDGMENT
AMEND Rule 2-613 to change the source note to reflect the
corresponding federal rule as of the date of adoption of
the Maryland Rule, as follows:
Rule 2-613.
DEFAULT JUDGMENT
. . .
Source: This Rule is derived as follows:
Section (a) is new.
Section (b) is new.
Section (c) is new.
Section (d) is new.
Section (e) is new.
Section (f) is new. The second sentence is derived from the
last sentence of FRCP 55 (b)(2) the 1937 version of Fed. R. Civ.
P. 55 (b)(2).
Section (g) is new.
-90-
MARYLAND RULES OF PROCEDURE
TITLE 2 - CIVIL PROCEDURE – CIRCUIT COURT
CHAPTER 600 - JUDGMENT
AMEND Rule 2-632 to change the source note to reflect the
corresponding federal rule as of the date of adoption of
the Maryland Rule, as follows:
Rule 2-632.
STAY OF ENFORCEMENT
. . .
Source: This Rule is derived as follows:
Section (a) is derived from former Rule 1019.
Section (b) is derived from FRCP 62 (a) the 1961 version of Fed.
R. Civ. P. 62 (a).
Section (c) is derived from FRCP 62 (b) the 1961 version of Fed.
R. Civ. P. 62 (b).
Section (d) is derived from former Rule 607 and FRCP 62 (h) the
1961 version of Fed. R. Civ. P. 62 (h).
Section (e) is in part new and in part derived from former Rule
1017 e.
Section (f) is derived from FRCP 62 (c) the 1961 version of Fed.
R. Civ. P. 62 (c).
Section (g) is derived from FRCP 62 (g) the 1961 version of Fed.
R. Civ. P. 62 (g).
-91-
MARYLAND RULES OF PROCEDURE
TITLE 2 - CIVIL PROCEDURE – CIRCUIT COURT
CHAPTER 600 - JUDGMENT
AMEND Rule 2-633 to add a Committee note following section
(a) to clarify that post-judgment discovery is in addition to
pre-judgment discovery, as follows:
Rule 2-633.
DISCOVERY IN AID OF ENFORCEMENT
. . .
(a)
Methods
A judgment creditor may obtain discovery to aid enforcement
of a money judgment (1) by use of depositions, interrogatories,
and requests for documents, and (2) by examination before a judge
or an examiner as provided in section (b) of this Rule.
Committee note: The discovery permitted by this Rule is in
addition to the discovery permitted before the entry of judgment,
and the limitations set forth in Rules 2-411 (d) and 2-421 (a)
apply separately to each. Thus, a second deposition of an
individual previously deposed before the entry of judgment may be
taken after the entry of judgment without leave of court. A
second post-judgment deposition of that individual, however, would
require leave of court. Melnick v. New Plan Realty, 89 Md. App.
435 (1991). Furthermore, leave of court is not required under
Rule 2-421 to serve interrogatories on a judgment debtor solely
because 30 interrogatories were served upon that party before the
entry of judgment.
. . .
-92-
MARYLAND RULES OF PROCEDURE
TITLE 2 - CIVIL PROCEDURE – CIRCUIT COURT
CHAPTER 600 - JUDGMENT
AMEND Rule 2-644 (d) to correct an internal reference, as
follows:
Rule 2-644.
SALE OF PROPERTY UNDER LEVY
. . .
(d)
Transfer of Real Property Following Sale
The procedure following the sale of an interest in real
property shall be as prescribed by Rule 14-305, except that (1)
the provision of Rule 14-305 (c)(4) (f) for referral to an auditor
does not apply and (2) the court may not ratify the sale until the
judgment creditor has filed a copy of the public assessment record
for the real property kept by the supervisor of assessments in
accordance with Code, Tax-Property Article, §2-211.
After
ratification of the sale by the court, the sheriff shall execute
and deliver to the purchaser a deed conveying the debtor's
interest in the property, and if the interests of the debtor
included the right to possession, the sheriff shall place the
purchaser in possession of the property.
It shall not be
necessary for the debtor to execute the deed.
. . .
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MARYLAND RULES OF PROCEDURE
TITLE 2 - CIVIL PROCEDURE – CIRCUIT COURT
CHAPTER 600 - JUDGMENT
AMEND Rule 2-645 to delete the word “contingent” from
section (a), as follows:
Rule 2-645.
(a)
GARNISHMENT OF PROPERTY - GENERALLY
Availability
This Rule governs garnishment of any property of the
judgment debtor, other than wages subject to Rule 2-646 and a
partnership interest subject to a charging order, in the hands of
a third person for the purpose of satisfying a money judgment.
Property includes any debt owed to the judgment debtor, whether
immediately payable, or unmatured, or contingent.
. . .
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MARYLAND RULES OF PROCEDURE
TITLE 2 - CIVIL PROCEDURE – CIRCUIT COURT
CHAPTER 600 - JUDGMENT
AMEND Rule 2-648 to change the source note to reflect the
corresponding federal rule as of the date of adoption of
the Maryland Rule, as follows:
Rule 2-648.
ENFORCEMENT OF JUDGMENT PROHIBITING OR MANDATING
ACTION
. . .
Source: This Rule is in part new and in part derived from former
Rule 685 a and FRCP 70 the 1937 version of Fed. R. Civ. P. 70.
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MARYLAND RULES OF PROCEDURE
TITLE 2 - CIVIL PROCEDURE – CIRCUIT COURT
CHAPTER 600 - JUDGMENT
AMEND Rule 2-649 to conform the language of a certain
Committee note to the language of the Committee note that follows
Rule 2-124, as follows:
Rule 2-649.
(a)
CHARGING ORDER
Issuance of Order
Upon the written request of a judgment creditor of a
partner, the court where the judgment was entered or recorded may
issue an order charging the partnership interest of the judgment
debtor with payment of all amounts due on the judgment.
The court
may order such other relief as it deems necessary and appropriate,
including the appointment of a receiver for the judgment debtor's
share of the partnership profits and any other money that is or
becomes due to the judgment debtor by reason of the partnership
interest.
(b)
Service
The order shall be served on the partnership in the manner
provided by Chapter 100 of this Title for service of process to
obtain personal jurisdiction.
outside the county.
The order may be served in or
Promptly after service of the order upon the
partnership, the person making service shall mail a copy of the
request and order to the judgment debtor's last known address.
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Proof of service and mailing shall be filed as provided in Rule
2-126.
Subsequent pleadings and papers shall be served on the
creditor, debtor, and partnership in the manner provided by Rule
1-321.
Committee note: Although this Rule does not preclude service upon
a partner who is also the person whose partnership interest is
being charged, the validity of such service in giving notice to
the partnership is subject to appropriate due process constraints.
If a person served pursuant to this Rule is a plaintiff as well as
a person upon whom service on a defendant entity is authorized by
the Rule, the validity of service on the plaintiff to give notice
to the defendant entity is subject to appropriate due process
constraints.
Source:
This Rule is new.
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MARYLAND RULES OF PROCEDURE
TITLE 3 - CIVIL PROCEDURE--DISTRICT COURT
CHAPTER 100 - COMMENCEMENT OF ACTION AND PROCESS
AMEND Rule 3-101 to allow a certain action to be filed in the
District Court of Maryland within 30 days after a certain order of
dismissal in a circuit court and to make certain stylistic
changes, as follows:
Rule 3-101.
(a)
COMMENCEMENT OF ACTION
Generally
A civil action is commenced by filing a complaint with a
court.
(b)
After Certain Dismissals by a United States District Court
or a Court of Another State
Except as otherwise provided by statute, if an action is
filed in a United States District Court or a court of another
state within the period of limitations prescribed by Maryland law
and the foreign that court enters an order of dismissal (1) for
lack of jurisdiction, (2) because the court declines to exercise
jurisdiction, or (3) because the action is barred by the statute
of limitations required to be applied by that court, an action
filed in this State the District Court of Maryland within 30 days
after the foreign court’s entry of the order of dismissal shall be
treated as timely filed in this State.
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Cross reference:
§5-115.
(c)
Code, Courts and Judicial Proceedings Article,
After Dismissal by the Circuit Court for Lack of Subject
Matter Jurisdiction
If an action is filed in the circuit court within the
period of limitations prescribed by Maryland law and the circuit
court dismisses the action for lack of subject matter
jurisdiction, an action filed in the District Court of Maryland
within 30 days after the entry of the order of dismissal shall be
treated as timely filed in the District Court.
Source: This Rule is derived as follows:
Section (a) is derived from FRCP 3 the 1937 version of Fed. R.
Civ. P. 3 and former M.D.R. 100.
Section (b) is new.
Section (c) is new.
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MARYLAND RULES OF PROCEDURE
TITLE 3 - CIVIL PROCEDURE--DISTRICT COURT
CHAPTER 100 - COMMENCEMENT OF ACTION AND PROCESS
AMEND Rule 3-102 to clarify section (a) and to add a certain
cross reference, as follows:
Rule 3-102.
(a)
TRIAL DATE AND TIME
Fixed by Clerk
At the time the complaint is filed, the Upon the filing of
the complaint, the clerk shall fix the date and time for trial of
the action. which shall be not less than 60 days after the date of
filing,
When the notice of intention to defend is due within 15
days after service, the original trial date shall be not less than
60 days after the complaint was filed. or not less than 90 days
after filing when service of process is to be made out of State or
upon a statutory agent for a nonresident.
When the notice of
intention to defend is due within 60 days after service, the
original trial date shall be not less than 90 days after the
complaint was filed.
With leave of court, an action may be tried
at an earlier sooner than on the date than that originally fixed.
Cross reference: See Rule 3-307 concerning the time for filing a
notice of intention to defend.
(b)
Reassignment
Subject to section (c) of this Rule, when service of
process is not made and the summons becomes dormant pursuant to
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Rule 3-113, the clerk shall cancel the assigned trial date.
If
the summons is renewed pursuant to Rule 3-113, the clerk shall
assign a new trial date and shall notify the plaintiff of the
reassignment.
(c)
Multiple Defendants
When multiple defendants are joined in the action and one
or more, but not all, are served, the action shall be tried as to
those served on the assigned trial date unless continued pursuant
to Rule 3-508.
Source: This Rule is derived as follows:
Section (a) is derived from former M.D.R. 101 a.
Section (b) is in part new and in part derived from former
M.D.R. 103 e.
Section (c) is derived from former M.D.R. 103 g.
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MARYLAND RULES OF PROCEDURE
TITLE 3 - CIVIL PROCEDURE – DISTRICT COURT
CHAPTER 100 - COMMENCEMENT OF ACTION AND PROCESS
AMEND Rule 3-112 to change the source note to reflect the
corresponding federal rule as of the date of adoption of
the Maryland Rule, as follows:
Rule 3-112.
PROCESS – ISSUANCE OF SUMMONS
. . .
Source: This Rule is derived as follows:
Section (a) is derived from former M.D.R. 103 c and e and FRCP 4
(a) the 1980 version of Fed. R. Civ. P. 4 (a).
Section (b) is derived from former Rule 103 j.
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MARYLAND RULES OF PROCEDURE
TITLE 3 - CIVIL PROCEDURE – DISTRICT COURT
CHAPTER 100 - COMMENCEMENT OF ACTION AND PROCESS
AMEND Rule 3-121 to change the source note to reflect the
corresponding federal rule as of the date of adoption of
the Maryland Rule, as follows:
Rule 3-121.
PROCESS – SERVICE – IN PERSONAM
. . .
Source: This Rule is derived as follows:
Section (a) is derived from former M.D.R. 104 b 1 and 2, and 107
a 1 and 2 and the 1993 version of Fed. R. Civ. P. 4 (e) (2).
Section (b) is derived from former M.D.R. 104 h 1 and 107 a 3.
Section (c) is new.
Section (d) is derived from former M.D.R. 104 i and 107 b.
-103-
MARYLAND RULES OF PROCEDURE
TITLE 3 - CIVIL PROCEDURE - DISTRICT COURT
CHAPTER 100 - COMMENCEMENT OF ACTION AND PROCESS
AMEND Rule 3-124 by adding a reference to Code, Business
Regulation Article, §4-402 to the Committee note, as follows:
Rule 3-124.
(a)
PROCESS - PERSONS TO BE SERVED
Statutes Not Abrogated
The provisions of this Rule do not abrogate any statute
permitting or requiring service on a person.
Committee note: Examples of statutes permitting or requiring
service on a person include the Maryland Tort Claims Act, Code,
State Government Article, §12-108 (a) (service of a complaint is
sufficient only when made upon the Treasurer of the State); Code,
Insurance Article, §4-107 (service on certain insurance companies
is effected by serving the Insurance Commissioner); Code, Business
Regulation Article, §4-402 (service on a non-resident “athlete
agent” is effected by serving the Secretary of Labor, Licensing,
and Regulation); Code, Business Regulation Article, §6-202
(service on certain nonresident charitable organizations is
effected by serving the Secretary of State); and Code, Courts
Article, §3-405 (notice to the Attorney General is required
immediately after a declaratory judgment action is filed alleging
that a statute, municipal or county ordinance, or franchise is
unconstitutional).
. . .
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MARYLAND RULES OF PROCEDURE
TITLE 3 - CIVIL PROCEDURE – DISTRICT COURT
CHAPTER 100 - COMMENCEMENT OF ACTION AND PROCESS
AMEND Rule 3-126 to change the source note to reflect the
corresponding federal rule as of the date of adoption of
the Maryland Rule, as follows:
Rule 3-126.
PROCESS – RETURN
. . .
Source: This Rule is derived as follows:
Section (a) is derived from former M.D.R. 104 b 2 and h 3 (a),
107 a 2 and 116 c 1 and 2.
Section (b) is derived from former Rule 105 b 1 (a) and b 2.
Section (c) is new.
Section (d) is derived from former M.D.R. 103 d 2.
Section (e) is new.
Section (f) is derived from former M.D.R. 104 a (ii) and 622 h
2.
Section (g) is derived from FRCP 4 (g) the 1980 version of Fed.
R. Civ. P. 4 (g) and former M.D.R. 104 h 3 (c) and 116 c 3.
-105-
MARYLAND RULES OF PROCEDURE
TITLE 3 - CIVIL PROCEDURE – DISTRICT COURT
CHAPTER 200 - PARTIES
AMEND Rule 3-201 to change the source note to reflect the
corresponding federal rule as of the date of adoption of
the Maryland Rule, as follows:
Rule 3-201.
REAL PARTY IN INTEREST
. . .
Source: This Rule is derived from former M.D.R. 203 and FRCP 17
(a) the 1966 version of the Fed. R. Civ. P. 17 (a).
-106-
MARYLAND RULES OF PROCEDURE
TITLE 3 - CIVIL PROCEDURE – DISTRICT COURT
CHAPTER 200 - PARTIES
AMEND Rule 3-211 to change the source note to reflect the
corresponding federal rule as of the date of adoption of
the Maryland Rule, as follows:
Rule 3-211.
REQUIRED JOINDER OF PARTIES
. . .
Source: This Rule is derived as follows:
Section (a) is derived from FRCP 19 (a) the 1966 version of Fed.
R. Civ. P. 19 (a).
Section (b) is derived from FRCP 19 (c) the 1966 version of Fed.
R. Civ. P. 19 (c).
Section (c) is derived from FRCP 19 (b) the 1966 version of Fed.
R. Civ. P. 19 (b).
-107-
MARYLAND RULES OF PROCEDURE
TITLE 3 - CIVIL PROCEDURE – DISTRICT COURT
CHAPTER 200 - PARTIES
AMEND Rule 3-212 to change the source note to reflect the
corresponding federal rule as of the date of adoption of
the Maryland Rule, as follows:
Rule 3-212.
PERMISSIVE JOINDER OF PARTIES
. . .
Source: This Rule is derived as follows:
Section (a) is derived from FRCP 20 (a) the 1966 version of Fed.
R. Civ. P. 20 (a) and former Rule 313 a, c, d and e.
Section (b) is derived from FRCP 20 (b) the 1966 version of Fed.
R. Civ. P. 20 (b).
-108-
MARYLAND RULES OF PROCEDURE
TITLE 3 - CIVIL PROCEDURE – DISTRICT COURT
CHAPTER 200 - PARTIES
AMEND Rule 3-213 to change the source note to reflect the
corresponding federal rule as of the date of adoption of
the Maryland Rule, as follows:
Rule 3-213.
MISJOINDER AND NONJOINDER OF PARTIES
. . .
Source: This Rule is derived from FRCP 21 the 1937 version of
Fed. R. Civ. P. 21.
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MARYLAND RULES OF PROCEDURE
TITLE 3 - CIVIL PROCEDURE – DISTRICT COURT
CHAPTER 200 - PARTIES
AMEND Rule 3-214 to change the source note to reflect the
corresponding federal rule as of the date of adoption of
the Maryland Rule, as follows:
Rule 3-214.
INTERVENTION
. . .
Source: This Rule is derived as follows:
Section (a) is derived from FRCP 24 (a) the 1966 version of Fed.
R. Civ. P. 24 (a).
Section (b) is derived from FRCP 24 and former M.D.R. 208.
Subsection (b)(1) is derived from former M.D.R. 208 b 1.
Subsection (b)(2) is derived from former M.D.R. 208 b 2.
Subsection (b)(3) is derived from the last sentence of FRCP 24
(b) the 1966 version of Fed. R. Civ. P. 24 (b).
Section (c) is derived from FRCP 24 (c) the 1966 version of Fed.
R. Civ. P. 24 (c) and former M.D.R. 208 c.
-110-
MARYLAND RULES OF PROCEDURE
TITLE 3 - CIVIL PROCEDURE – DISTRICT COURT
CHAPTER 200 - PARTIES
AMEND Rule 3-241 to change the source note to reflect the
corresponding federal rule as of the date of adoption of
the Maryland Rule, as follows:
Rule 3-241.
SUBSTITUTION OF PARTIES
. . .
Source: This Rule is derived as follows:
Section (a) is derived from former M.D.R. 220 and 240, former
Rule 222, and FRCP 25 (a), (b), (c), and (d) the 1963 version of
Fed. R. Civ. P. 25 (a), (b), (c), and (d).
Section (b) is derived from former M.D.R. 220 b, c, and d.
Section (c) is new.
Section (d) is derived from former M.D.R. 220 e.
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MARYLAND RULES OF PROCEDURE
TITLE 3 - CIVIL PROCEDURE – DISTRICT COURT
CHAPTER 300 - PLEADINGS AND MOTIONS
AMEND Rule 3-301 to change the source note to reflect the
corresponding federal rule as of the date of adoption of
the Maryland Rule, as follows:
Rule 3-301.
FORM OF ACTION
. . .
Source: This Rule is new and is derived from FRCP 2 the 1937
version of Fed. R. Civ. P. 2.
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MARYLAND RULES OF PROCEDURE
TITLE 3 - CIVIL PROCEDURE – DISTRICT COURT
CHAPTER 300 - PLEADINGS AND MOTIONS
AMEND Rule 3-302 to change the source note to reflect the
corresponding federal rule as of the date of adoption of
the Maryland Rule, as follows:
Rule 3-302.
PLEADINGS ALLOWED
. . .
Source: This Rule is new and is derived from former M.D.R. 300 a
and FRCP 7 the 1983 version of Fed. R. Civ. P. 7.
-113-
MARYLAND RULES OF PROCEDURE
TITLE 3 - CIVIL PROCEDURE – DISTRICT COURT
CHAPTER 300 - PLEADINGS AND MOTIONS
AMEND Rule 3-303 to change the source note to reflect the
corresponding federal rule as of the date of adoption of
the Maryland Rule, as follows:
Rule 3-303.
FORM OF PLEADINGS
. . .
Source: This Rule is derived as follows:
Section (a) is derived from former M.D.R. 300 b.
Section (b) is derived from former M.D.R. 301 a.
Section (c) is derived from former Rules 301 d and 313 a.
Section (d) is derived from the last sentence of Rule 301 b.
Section (e) is new and is derived from FRCP 8 (f) the 1966
version of Fed. R. Civ. P. 8 (f).
-114-
MARYLAND RULES OF PROCEDURE
TITLE 3 - CIVIL PROCEDURE – DISTRICT COURT
CHAPTER 300 - PLEADINGS AND MOTIONS
AMEND Rule 3-305 to change the source note to reflect the
corresponding federal rule as of the date of adoption of
the Maryland Rule, as follows:
Rule 3-305.
CLAIMS FOR RELIEF
. . .
Source: This Rule is derived from former M.D.R. 301 a (ii) and
FRCP 8 (a) the 1966 version of Fed. R. Civ. P. 8 (a).
-115-
MARYLAND RULES OF PROCEDURE
TITLE 3 - CIVIL PROCEDURE -- DISTRICT COURT
CHAPTER 300 - PLEADINGS AND MOTIONS
AMEND Rule 3-307 to clarify the service requirement in
section (a) and to clarify section (b), as follows:
Rule 3-307.
(a)
NOTICE OF INTENTION TO DEFEND
To be Filed with Court - When Service Not Required
The defendant, including a counter-defendant,
cross-defendant, and third-party defendant, shall file with the
court a notice of intention to defend which may include any
explanation or ground of defense.
The When the defendant is
represented by an attorney, the notice shall be served in
accordance with Rule 1-321.
A defendant not represented by an
attorney need not serve the notice on any party.
(b)
Time for Filing
(1)
Generally
Except as provided by subsection (b)(2) of this Rule, The
the notice shall be filed within 15 days after service of the
complaint, counterclaim, cross-claim, or third-party claim, except
if service is made outside this State or upon a statutory agent
for a defendant, the notice shall be filed within 60 days after
service.
(2)
Exceptions
A defendant shall file the notice within 60 days after
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being served if the defendant is:
(A) served outside of the State;
(B) a person who is required by statute of this State to
have a resident agent and who is served by service upon the State
Department of Assessments and Taxation, the Insurance
Commissioner, or some other agency of the State authorized by
statute to receive process; or
(C) the United States or an officer or agency of the United
States served pursuant to Rule 3-124 (m) or (n).
(c)
Identity of Attorney
If the defendant is represented by an attorney, the notice
shall contain the attorney's name, office address and telephone
number.
(d)
Notice to Parties
When the defendant files a notice pursuant to this Rule,
the clerk promptly shall mail notice of the filing to other
parties.
(e)
Effect of Failure to File Notice
If a defendant fails to file a timely notice of intention
to defend pursuant to this Rule, the court, on the date set for
trial, may determine liability and assess damages based on ex
parte proof by the plaintiff, unless the defendant appears and the
court is satisfied that the defendant may have a defense to the
claim.
In that event, the court shall proceed with trial or, upon
request of the plaintiff, may grant a continuance for a time
sufficient to allow the plaintiff to prepare for trial on the
-117-
merits.
Source: This Rule is derived in part from former M.D.R. 302 and
is in part new.
-118-
MARYLAND RULES OF PROCEDURE
TITLE 3 - CIVIL PROCEDURE -- DISTRICT COURT
CHAPTER 300 - PLEADINGS AND MOTIONS
AMEND Rule 3-326 to conform section (c) to a certain
Constitutional amendment and legislation and to add a new section
(d) referring to actions for dishonored checks, as follows:
Rule 3-326.
DISMISSAL OR TRANSFER OF ACTION
. . .
(c)
Domestic Violence Action
(1) In an action under Code, Family Law Article, Title 4,
Subtitle 5, after entering a temporary protective order granting
ex parte relief, the District Court, on motion or on its own
initiative, may transfer the action to a circuit court for the
final protective order hearing if, after inquiry, the District
Court finds that (A) there is an action in the circuit court
involving one or more of the parties in which there is an existing
order or request for relief similar to that being sought in the
District Court and (B) in the interests of justice, the action
should be heard in the circuit court.
(2) In determining whether a hearing in the circuit court is
in the interests of justice, the Court shall consider (A) the
safety of each person eligible for relief, (B) the convenience of
the parties, (C) the pendency of other actions involving the
parties or children of the parties in one of the courts, (D)
-119-
whether a transfer will result in undue delay, (E) the services
that may be available in or through each court, and (F) the
efficient operation of the courts.
(3) The consent of the parties is not required for a transfer
under this section.
(4) After the action is transferred, the circuit court has
jurisdiction for the purposes of enforcing and extending the
temporary ex parte protective order as allowed by law.
Cross reference: See Code, Family Law Article, §4-505 (c)
concerning the duration and extension of a temporary ex parte
protective order.
(d)
(1)
Action for Dishonored Check
Transfer to Circuit Court
In an action for damages exceeding $25,000 for a
dishonored check or other instrument pursuant to Code, Commercial
Law Article, §15-802, the District Court shall transfer the action
to an appropriate circuit court upon a separate written demand
filed by a defendant within 10 days after the time for filing a
notice of intention to defend pursuant to Rule 3-307. Failure to
file a timely demand constitutes a waiver of the right to transfer
the case to a circuit court.
(2)
Transmittal of Record to Circuit Court
When a timely demand is filed, the clerk shall transmit
the record to the circuit court within 15 days.
At any time
before the record is transmitted pursuant to this section, the
District Court may determine on motion or on its own initiative
that the demand for transfer was not timely filed or that the
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action was not entitled to be transferred pursuant to Code, Courts
Article, §4-402 (f).
Source: This Rule is derived as follows:
Section (a) is derived from former M.D.R. 317.
Section (b) is derived from U.S. C. Title 28, §1404 (a).
Section (c) is new.
Section (d) is new.
-121-
MARYLAND RULES OF PROCEDURE
TITLE 3 - CIVIL PROCEDURE – DISTRICT COURT
CHAPTER 500 - TRIAL
AMEND Rule 3-506 to change the source note to reflect the
corresponding federal rule as of the date of adoption of
the Maryland Rule, as follows:
Rule 3-506.
VOLUNTARY DISMISSAL
. . .
Source: This Rule is derived as follows:
Section (a) is derived from FRCP 41 (a)(1) the 1968 version of
Fed. R. Civ. P. 41 (a)(1).
Section (b) is derived from former Rule 541 b and FRCP 41 (a)(2)
the 1968 version of Fed. R. Civ. P. 41 (a)(2).
Section (c) is derived from former M.D.R. 541 b.
Section (d) is derived from former Rule 541 b and FRCP 41 (a)(2)
the 1968 version of Fed. R. Civ. P. 41 (a)(2).
Section (e) is derived from former Rules 541 d and 582 b.
Section (f) is derived from FRCP 41 (c) the 1968 version of Fed.
R. Civ. P. 41 (c).
-122-
MARYLAND RULES OF PROCEDURE
TITLE 3 - CIVIL PROCEDURE – DISTRICT COURT
CHAPTER 500 - TRIAL
AMEND Rule 3-510 to change the source note to reflect the
corresponding federal rule as of the date of adoption of
the Maryland Rule, as follows:
Rule 3-510.
SUBPOENAS
. . .
Source: This Rule is derived as follows:
Section (a) is new but the second sentence is derived in part
from former Rule 407 a.
Section (b) is new.
Section (c) is derived from former M.D.R. 114 a and b and 115 a.
Section (d) is derived from former M.D.R. 104 a and b and 116 b.
Section (e) is derived from former M.D.R. 115 b.
Section (f) is derived from FRCP 45 (d)(1) the 1980 version of
Fed. R. Civ. P. 45 (d)(1).
Section (g) is derived from FRCP 45 (c)(1) the 1991 version of
Fed. R. Civ. P. 45 (c)(1).
Section (h) is new.
Section (i) is derived from former M.D.R. 114 d and 742 e.
-123-
MARYLAND RULES OF PROCEDURE
TITLE 3 - CIVIL PROCEDURE – DISTRICT COURT
CHAPTER 500 - TRIAL
AMEND Rule 3-519 to change the source note to reflect the
corresponding federal rule as of the date of adoption of
the Maryland Rule, as follows:
Rule 3-519.
MOTION FOR JUDGMENT
. . .
Source: This Rule is new but is derived in part as follows:
Section (a) is new and replaces former M.D.R. 535.
Section (b) is in part derived from FRCP 41 (b) the 1968 version
of Fed. R. Civ. P. 41 (b) and is in part new.
Section (c) is derived from former Rule 552 b.
-124-
MARYLAND RULES OF PROCEDURE
TITLE 3 - CIVIL PROCEDURE – DISTRICT COURT
CHAPTER 500 - TRIAL
AMEND Rule 3-533 to change the source note to reflect the
corresponding federal rule as of the date of adoption of
the Maryland Rule, as follows:
Rule 3-533.
MOTION FOR NEW TRIAL
. . .
Source: This Rule is derived as follows:
Section (a) is derived in part from FRCP 59 (b) the 1966 version
of Fed. R. Civ. P. 59 (b) and is in part new. It replaces former
M.D.R. 567 a.
Section (b) is derived from former M.D.R. 567 b.
Section (c) is derived from former M.D.R. 567 c.
Section (d) is derived from former M.D.R. 567 d.
-125-
MARYLAND RULES OF PROCEDURE
TITLE 3 - CIVIL PROCEDURE – DISTRICT COURT
CHAPTER 500 - TRIAL
AMEND Rule 3-534 to change the source note to reflect the
corresponding federal rule as of the date of adoption of
the Maryland Rule, as follows:
Rule 3-534.
MOTION TO ALTER OR AMEND A JUDGMENT
. . .
Source: This Rule is derived from FRCP 52 (b) and 59 (a) the 1983
version of Fed. R. Civ. P. 52 (b) and the 1966 version of Fed. R.
Civ. P. 59 (a).
-126-
MARYLAND RULES OF PROCEDURE
TITLE 3 - CIVIL PROCEDURE – DISTRICT COURT
CHAPTER 500 - TRIAL
AMEND Rule 3-535 to change the source note to reflect the
corresponding federal rule as of the date of adoption of
the Maryland Rule, as follows:
Rule 3-535.
REVISORY POWER
. . .
Source: This Rule is derived as follows:
Section (a) is derived from former M.D.R. 625 a.
Section (b) is derived from former M.D.R. 625 a.
Section (c) is derived from former M.D.R. 625 b.
Section (d) is derived from FRCP 60 (a) the 1948 version of Fed.
R. Civ. P. 60 (a) and former Rule 681.
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MARYLAND RULES OF PROCEDURE
TITLE 3 - CIVIL PROCEDURE – DISTRICT COURT
CHAPTER 600 - JUDGMENT
AMEND Rule 3-601 to change the source note to reflect the
corresponding federal rule as of the date of adoption of
the Maryland Rule, as follows:
Rule 3-601.
ENTRY OF JUDGMENT
. . .
Source: This Rule is derived as follows:
Section (a) is new and is derived from FRCP 58 the 1963 version
of Fed. R. Civ. P. 58.
Section (b) is new.
Section (c) is derived from former M.D.R. 619 b.
Section (d) is new.
-128-
MARYLAND RULES OF PROCEDURE
TITLE 3 - CIVIL PROCEDURE – DISTRICT COURT
CHAPTER 600 - JUDGMENT
AMEND Rule 3-602 to change the source note to reflect the
corresponding federal rule as of the date of adoption of
the Maryland Rule, as follows:
Rule 3-602.
JUDGMENTS NOT DISPOSING OF ENTIRE ACTION
. . .
Source: This Rule is derived from former M.D.R. 605 a and FRCP 54
(b) the 1987 version of Fed. R. Civ. P. 54 (b).
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MARYLAND RULES OF PROCEDURE
TITLE 3 - CIVIL PROCEDURE – DISTRICT COURT
CHAPTER 600 - JUDGMENT
AMEND Rule 3-632 to change the source note to reflect the
corresponding federal rule as of the date of adoption of
the Maryland Rule, as follows:
Rule 3-632.
STAY OF ENFORCEMENT
. . .
Source: This Rule is derived as follows:
Section (a) is derived from FRCP 62 (a) the 1961 version of Fed.
R. Civ. P. 62 (a).
Section (b) is derived from FRCP 62 (b) the 1961 version of Fed.
R. Civ. P. 62 (b).
Section (c) is derived from former M.D.R. 605 b and FRCP 62 (h)
the 1961 version of Fed. R. Civ. P. 62 (h).
Section (d) is in part new and in part derived from former Rule
1017 e.
Section (e) is derived from FRCP 62 (c) the 1961 version of Fed.
R. Civ. P. 62 (c).
Section (f) is derived from FRCP 62 (g) the 1961 version of Fed.
R. Civ. P. 62 (g).
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MARYLAND RULES OF PROCEDURE
TITLE 3 - CIVIL PROCEDURE -- DISTRICT COURT
CHAPTER 600 - JUDGMENT
AMEND Rule 3-633 to add a Committee note following section
(a) to clarify that post-judgment discovery is in addition to
pre-judgment discovery, as follows:
Rule 3-633.
(a)
DISCOVERY IN AID OF ENFORCEMENT
Methods
A judgment creditor may obtain discovery to aid enforcement
of a money judgment (1) by use of interrogatories pursuant to Rule
3-421, and (2) by examination before a judge or an examiner as
provided in section (b) of this Rule.
Committee note: The discovery permitted by this Rule is in
addition to the discovery permitted before the entry of judgment,
and the limitations set forth in Rule 3-421 (b) apply separately
to each. Thus, leave of court is not required under Rule 3-421 to
serve one set of not more than 15 interrogatories on a judgment
debtor solely because interrogatories were served upon that party
before the entry of judgment.
. . .
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MARYLAND RULES OF PROCEDURE
TITLE 3 - CIVIL PROCEDURE — DISTRICT COURT
CHAPTER 600 - JUDGMENT
AMEND Rule 3-645 to delete the word “contingent” from
section (a), as follows:
Rule 3-645.
(a)
GARNISHMENT OF PROPERTY - GENERALLY
Availability
This Rule governs garnishment of any property of the
judgment debtor, other than wages subject to Rule 3-646 and a
partnership interest subject to a charging order, in the hands of
a third person for the purpose of satisfying a money judgment.
Property includes any debt owed to the judgment debtor, whether
immediately payable, or unmatured, or contingent.
. . .
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MARYLAND RULES OF PROCEDURE
TITLE 3 - CIVIL PROCEDURE – DISTRICT COURT
CHAPTER 600 - JUDGMENT
AMEND Rule 3-648 to change the source note to reflect the
corresponding federal rule as of the date of adoption of
the Maryland Rule, as follows:
Rule 3-648.
ENFORCEMENT OF JUDGMENT PROHIBITING OR MANDATING
ACTION
. . .
Source: This Rule is in part new and in part derived from former
Rule 685 a and FRCP 70 the 1937 version of Fed. R. Civ. P. 70.
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MARYLAND RULES OF PROCEDURE
TITLE 3 - CIVIL PROCEDURE — DISTRICT COURT
CHAPTER 600 - JUDGMENT
AMEND Rule 3-649 to conform the language of a certain
Committee note to the language of the Committee note that follows
Rule 3-124, as follows:
Rule 3-649.
(a)
CHARGING ORDER
Issuance of Order
Upon the written request of a judgment creditor of a
partner, the court where the judgment was entered or recorded may
issue an order charging the partnership interest of the judgment
debtor with payment of all amounts due on the judgment.
The court
may order such other relief as it deems necessary and appropriate,
including the appointment of a receiver for the judgment debtor's
share of the partnership profits and any other money that is or
becomes due to the judgment debtor by reason of the partnership
interest.
(b)
Service
The order shall be served on the partnership in the manner
provided by Chapter 100 of this Title for service of process to
obtain personal jurisdiction.
outside the county.
The order may be served in or
Promptly after service of the order upon the
partnership, the person making service shall mail a copy of the
request and order to the judgment debtor's last known address.
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Proof of service and mailing shall be filed as provided in Rule
3-126.
Subsequent pleadings and papers shall be served on the
creditor, debtor, and partnership in the manner provided by Rule
1-321.
Committee note: Although this Rule does not preclude service upon
a partner who is also the person whose partnership interest is
being charged, the validity of such service in giving notice to
the partnership is subject to appropriate due process constraints.
If a person served pursuant to this Rule is a plaintiff as well as
a person upon whom service on a defendant entity is authorized by
the Rule, the validity of service on the plaintiff to give notice
to the defendant entity is subject to appropriate due process
constraints.
Source:
This Rule is new.
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MARYLAND RULES OF PROCEDURE
TITLE 3 - CIVIL PROCEDURE -- DISTRICT COURT
CHAPTER 700 - SPECIAL PROCEEDINGS
AMEND Rule 3-701 to clarify section (c) and to add a certain
cross reference, as follows:
Rule 3-701.
(a)
SMALL CLAIM ACTIONS
Applicable Rules
The rules of this Title apply to small claim actions,
except as provided in this Rule.
Cross reference:
(b)
Code, Courts Article, §4-405.
Forms
Forms for the commencement and defense of a small claim
action shall be prescribed by the Chief Judge of the District
Court and used by persons desiring to file or defend such an
action.
(c)
Trial Date and Time
The original trial date for a small claim action shall be
within 60 days after the filing of the complaint, except that the
original trial date shall be within 90 days after the filing of
the complaint if service of the complaint is to be made outside
this State or on a statutory agent for the defendant.
The
A
small claim action shall be tried at a special session of the
court designated for the trial of small claim actions.
Upon the filing of the complaint, the clerk shall fix the date and
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time for trial of the action.
When the notice of intention to
defend is due within 15 days after service, the original trial
date shall be within 60 days after the complaint was filed.
When
the notice of intention to defend is due within 60 days after
service, the original trial date shall be within 90 days after the
complaint was filed.
With leave of court, an action may be tried
sooner than on the date originally fixed.
Cross reference: See Rule 3-307 concerning the time for filing a
notice of intention to defend.
(d)
Counterclaims -- Cross-claims -- Third-party Claims
If a counterclaim, cross-claim, or third-party claim in an
amount exceeding the jurisdictional limit for a small claim action
(exclusive of interest, costs, and attorney's fees and exclusive
of the original claim) is filed in a small claim action, this Rule
shall not apply and the clerk shall transfer the action to the
regular civil docket.
Cross reference:
(e)
Rule 3-331 (f).
Discovery Not Available
No pretrial discovery under Chapter 400 of this Title shall
be permitted in a small claim action.
(f)
Conduct of Trial
The court shall conduct the trial of a small claim action
in an informal manner.
Title 5 of these rules does not apply to
proceedings under this Rule.
Cross reference:
See Rule 5-101 (b)(4).
Source: This Rule is derived in part from former M.D.R. 568 and
401 a and is in part new.
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MARYLAND RULES OF PROCEDURE
TITLE 3 - CIVIL PROCEDURE — DISTRICT COURT
CHAPTER 700 - SPECIAL PROCEEDINGS
AMEND Rule 3-731 to conform to a certain Constitutional
amendment and legislation, as follows:
Rule 3-731.
PEACE ORDERS
Proceedings for a temporary peace order and a peace order are
governed by Code, Courts Article, Title 3, Subtitle 15.
A
petition for relief under that statute shall be in substantially
the following form:
(Caption)
PETITION FOR PROTECTION AND TEMPORARY PEACE ORDER
(Note: Fill in the following, checking the appropriate boxes.
IF YOU NEED ADDITIONAL PAPER, ASK THE CLERK.)
1.
I want protection from _____________________________________.
Respondent
The Respondent committed the following acts against ________
____________________________________________________________,
Victim
within the past 30 days on the dates stated below.
(Check all that apply)
9 kicking
9 punching
9 choking
9 slapping
9 shooting
9 rape or other sexual offense (or attempt)
9 hitting with object
9 stabbing
9 shoving
9 threats of violence
9 harassment
9 stalking
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9 detaining against will
9 trespass
9 malicious destruction of property
9
other _____________________________
The details of what happened are: (Describe injuries. State the
date(s) and place(s) where these acts occurred. Be as specific as
you can):
________________________________________________________________
________________________________________________________________
________________________________________________________________
2.
I know of the following court cases involving the Respondent
and me:
Court
Kind of Case
Year Filed
Results or Status
(if you know)
___________
________________
__________
___________________
___________
________________
__________
___________________
3.
Describe all other harm the Respondent has caused you and
give date(s), if known.
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
4.
I want the court to order the Respondent to be ordered:
: NOT to commit or threaten to commit any of the acts
listed in paragraph 1 against ________________________
Name
9 NOT to contact, attempt to contact, or harass ___________
___________________________________________________________
Name
9 NOT to go to the residence(s) at ________________________
Address
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9 NOT to go to the school(s) at ___________________________
__________________________________________________________
Name of school and address
9 NOT to go to the work place(s) at _______________________
___________________________________________________________
9 To go to counseling
9 To go to mediation
9 To pay the filing fees and court costs
9 Other specific relief: __________________________________
I solemnly affirm under the penalties of perjury that the contents
of this Petition are true to the best of my knowledge,
information, and belief.
______________________________
_______________________________
Date
Petitioner
NOTICE TO PETITIONER
Any individual who knowingly provides false information in a
Petition for Protection and Temporary Peace Order is guilty of a
misdemeanor and on conviction is subject to a fine not exceeding
$1,000 or imprisonment not exceeding 90 days or both.
Source:
This Rule is new.
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MARYLAND RULES OF PROCEDURE
TITLE 4 - CRIMINAL CAUSES
CHAPTER 100 - GENERAL
AMEND Rule 4-102 to add a definition of “peace officer” and
to modify the definition of “citation,” as follows:
Rule 4-102.
DEFINITIONS
The following definitions apply in this Title:
(a)
Charging Document
"Charging document" means a written accusation alleging
that a defendant has committed an offense.
It includes a
citation, an indictment, an information, and a statement of
charges.
(b)
Citation
"Citation" means a charging document, other than an
indictment, information, or statement of charges, issued to a
defendant by a peace officer or other person authorized by law to
do so.
(c)
Defendant
"Defendant" means a person who has been arrested for an
offense or charged with an offense in a charging document.
(d)
Indictment
"Indictment" means a charging document returned by a grand
jury and filed in a circuit court.
(e)
Information
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"Information" means a charging document filed in a court by
a State's Attorney.
(f)
Judicial Officer
"Judicial Officer" means a judge or District Court
commissioner.
(g)
Offense
"Offense" means a violation of the criminal laws of this
State or political subdivision thereof.
(h)
Peace Officer
“Peace officer” means (1) a “law enforcement officer” as
defined in Code, Public Safety Article, §3-101 (e), (2) a “police
officer” as defined in Code, Criminal Procedure Article, §2-101
(c), and (3) any other person authorized by State or local law to
issue citations.
(h) (i) Petty Offense
"Petty offense" means an offense for which the penalty may
not exceed imprisonment for a period of three months or a fine of
five hundred dollars.
(i) (j) Statement of Charges
"Statement of charges" means a charging document, other
than a citation, filed in District Court by a peace officer or by
a judicial officer.
(j) (k) State's Attorney
"State's Attorney" means a person authorized to prosecute
an offense.
(k) (l) Verdict
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"Verdict" means the finding of the jury or the decision of
the court pertaining to the merits of the offense charged.
(l) (m) Warrant
"Warrant" means a written order by a judicial officer
commanding a peace officer to arrest the person named in it or to
search for and seize property as described in it.
Source: This Rule is derived as follows:
Section (a) is derived from former Rule 702 a and M.D.R. 702 a.
Section (b) is derived from former M.D.R. 702 c.
Section (c) is derived from former Rule 702 b and M.D.R. 702 d.
Section (d) is derived from former Rule 702 c.
Section (e) is derived from former Rule 702 d and M.D.R. 702 e.
Section (f) is derived from former M.D.R. 702 f.
Section (g) is derived from former Rule 702 e and M.D.R. 702 g.
Section (h) is new.
Section (h) (i) is derived from former M.D.R. 702 h.
Section (i) (j) is derived from former M.D.R. 702 i.
Section (j) (k) is derived from former Rule 702 f and M.D.R. 702
j.
Section (k) (l) is derived from former Rule 702 g and M.D.R. 702
l.
Section (l) (m) is derived from former Rule 702 h and M.D.R. 702
m.
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MARYLAND RULES OF PROCEDURE
TITLE 4 - CRIMINAL CAUSES
CHAPTER 200 - PRETRIAL PROCEDURES
AMEND Rule 4-213 to revise certain language concerning
pretrial release and to make a certain stylistic change, as
follows:
Rule 4-213.
(a)
INITIAL APPEARANCE OF DEFENDANT
In District Court Following Arrest
When a defendant appears before a judicial officer of the
District Court pursuant to an arrest, the judicial officer shall
proceed as follows:
(1)
Advice of Charges
The judicial officer shall inform the defendant of each
offense with which the defendant is charged and of the allowable
penalties, including mandatory penalties, if any, and shall
provide the defendant with a copy of the charging document if the
defendant does not already have one and one is then available.
If
one is not then available, the defendant shall be furnished with a
copy as soon as possible.
(2)
Advice of Right to Counsel
The judicial officer shall require the defendant to read
the notice to defendant required to be printed on charging
documents in accordance with Rule 4-202 (a), or shall read the
notice to a defendant who is unable for any reason to do so.
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A
copy of the notice shall be furnished to a defendant who has not
received a copy of the charging document.
The judicial officer
shall advise the defendant that if the defendant appears for trial
without counsel, the court could determine that the defendant
waived counsel and proceed to trial with the defendant
unrepresented by counsel.
(3)
Pretrial Release Determination
The judicial officer shall determine the defendant's
eligibility for pretrial release pursuant to Rule 4-216.
(4) (3) Advice of Preliminary Hearing
When a defendant has been charged with a felony that is
not within the jurisdiction of the District Court and has not been
indicted, the judicial officer shall advise the defendant of the
right to have a preliminary hearing by a request made then or
within ten days thereafter and that failure to make a timely
request will result in the waiver of a preliminary hearing. If the
defendant then requests a preliminary hearing, the judicial
officer may either set its date and time or notify the defendant
that the clerk will do so.
(4)
Pretrial Release
The judicial officer shall comply with Rule 4-216
governing pretrial release.
(5)
Certification by Judicial Officer
The judicial officer shall certify compliance with this
section in writing.
(6)
Transfer of Papers by Clerk
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As soon as practicable after the initial appearance by
the defendant, the judicial officer shall file all papers with the
clerk of the District Court or shall direct that they be forwarded
to the clerk of the circuit court if the charging document is
filed there.
Cross reference: Code, (1957, 1989 Repl. Vol.), Courts Art.
Courts Article, §10-912. See Rule 4-231 (d) concerning the
appearance of a defendant by video conferencing.
(b)
In District Court Following Summons
When a defendant appears before the District Court pursuant
to a summons, the court shall proceed in accordance with Rule
4-301.
(c)
In Circuit Court Following Arrest or Summons
The initial appearance of the defendant in circuit court
occurs when the defendant (1) is brought before the court by
reason of execution of a warrant pursuant to Rule 4-212 (e) or (f)
(2), or (2) appears in person or by written notice of counsel in
response to a summons.
In either case, if the defendant appears
without counsel the court shall proceed in accordance with Rule
4-215.
If the appearance is by reason of execution of a warrant,
the court shall inform the defendant of each offense with which
the defendant is charged, ensure that the defendant has a copy of
the charging document, and determine eligibility for pretrial
release pursuant to Rule 4-216.
Source: This Rule is derived as follows:
Section (a) is derived from former M.D.R. 723.
Section (b) is new.
Section (c) is derived from former Rule 723 a.
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MARYLAND RULES OF PROCEDURE
TITLE 4 - CRIMINAL CAUSES
CHAPTER 200 - PRETRIAL PROCEDURES
AMEND Rule 4-216 to delete current section (a); to change the
tagline of new section (a); to add new language to section (a)
pertaining to a judicial officer determining probable cause for a
warrantless arrest; to require the release of a defendant on
personal recognizance with no other conditions of release if there
was no probable cause for a warrantless arrest; to add certain
statutory references to section (b); to add language in section
(b) clarifying that a judicial officer who releases a defendant in
accordance with that section on personal recognizance or on bail
may impose conditions in either case; to eliminate a certain cross
reference; to conform certain language in sections (c), (d), and
(e) to language in section (b); to require the judicial officer
under certain circumstances to take into account certain
information to the extent available; to require the judicial
officer to state in writing or on the record the amount and terms
of any bail; to expand on the bail bond provisions of subsection
(e)(4); to conform statutory references to recent legislation; to
add clarifying language to section (h) concerning the power of a
judge to alter conditions set by another judge or by a
commissioner; to add cross references to Rules 1-361 and 4-347
following section (j); and to make certain stylistic changes, as
follows:
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Rule 4-216.
(a)
PRETRIAL RELEASE
Interim Bail
Pending an initial appearance by the defendant before a
judicial officer pursuant to Rule 4-213 (a), the defendant may be
released upon execution of a bond in an amount and subject to
conditions specified in a schedule that may be adopted by the
Chief Judge of the District Court for certain offenses.
The Chief
Judge may authorize designated court personnel or peace officers
to release a defendant by reference to the schedule.
(b) (a) Probable Cause Determination Arrest Without Warrant
A defendant arrested without a warrant shall be released on
personal recognizance under terms that do not significantly
restrain the defendant's liberty unless the judicial officer
determines that there is probable cause to believe that the
defendant committed an offense.
If a defendant was arrested
without a warrant, the judicial officer shall determine whether
there was probable cause for the arrest.
If there was probable
cause, the judicial officer shall implement the remaining sections
of this Rule.
If there was no probable cause, the judicial
officer shall release the defendant on personal recognizance, with
no other conditions of release, and the remaining sections of this
Rule are inapplicable.
Cross reference: See Rule 4-213 (a)(4).
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(c) (b) Defendants Eligible for Release by Commissioner or Judge
Except In accordance with this Rule and Code, Criminal
Procedure Article, §§5-101 and 5-201 and except as otherwise
provided in section (d) (c) of this Rule or by law Code, Criminal
Procedure Article, §§5-201 and 5-202, a defendant is entitled to
be released before verdict in conformity with this Rule on
personal recognizance or with on bail, in either case with or
without conditions imposed, one or more conditions imposed unless
the judicial officer determines that no condition of release will
reasonably assure ensure (1) the appearance of the defendant as
required and (2) the safety of the alleged victim, another person,
and the community.
Cross reference: See Code, Criminal Procedure Article, §5-101 (c)
concerning defendants who may not be released on personal
recognizance.
(d) (c) Defendants Eligible for Release Only by a Judge
A defendant charged with an offense for which the maximum
penalty is death or life imprisonment or with an offense listed
under Code, Criminal Procedure Article, §5-202 (a), (b), (c), (d),
or (e) may not be released by a District Court Commissioner, but
may be released before verdict or pending a new trial, if a new
trial has been ordered, if a judge determines that all
requirements imposed by law have been satisfied and that one or
more conditions of release will reasonably assure ensure (1) the
appearance of the defendant as required and (2) if the defendant
is charged with an offense listed under Code, Criminal Procedure
Article, §5-202 (b), (c), (d), or (e), that the defendant will not
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pose a danger to another person or the safety of the alleged
victim, another person, and the community while released.
(e) (d) Duties of Judicial Officer
(1)
Consideration of Factors
In determining whether a defendant should be released and
the conditions of release, the judicial officer, on the basis of
information available or developed in a pretrial release inquiry,
may shall take into account the following information, to the
extent available:
(A)
The the nature and circumstances of the offense
charged, the nature of the evidence against the defendant, and the
potential sentence upon conviction, insofar as these factors are
relevant to the risk of nonappearance;
(B)
The the defendant's prior record of appearance at court
proceedings or flight to avoid prosecution or failure to appear at
court proceedings;
(C)
The the defendant's family ties, employment status and
history, financial resources, reputation, character and mental
condition, length of residence in the community, and length of
residence in this State;
(D)
The any recommendation of an agency which that conducts
pretrial release investigations;
(E)
The any recommendation of the State's Attorney;
(F)
Information any information presented by the defendant
or defendant's counsel;
(G)
The the danger of the defendant to the alleged victim,
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another person, or to the community;
(H)
The the danger of the defendant to himself or herself;
(I)
Any any other factor bearing on the risk of a wilful
and
failure to appear and the safety of the alleged victim, another
person, or the community, including all prior convictions and any
prior adjudications of delinquency that occurred within three
years of the date the defendant is charged as an adult and prior
convictions.
(2)
Statement of Reasons - When Required
Upon determining to release a defendant to whom section
(d) (c) of this Rule applies or to refuse to release a defendant
to whom section (c) (b) of this Rule applies, the judicial officer
shall state the reasons in writing or on the record.
(3)
Imposition of Conditions of Release
If the judicial officer determines that the defendant
should be released other than on personal recognizance without any
additional conditions imposed, the judicial officer shall impose
on the defendant the least onerous condition or combination of
conditions of release set out in section (f) (e) of this Rule that
will reasonably:
(A)
Assure ensure the appearance of the defendant as
required,
(B)
Protect protect the safety of the alleged victim by
ordering the defendant to have no contact with the alleged victim
or the alleged victim’s premises or place of employment or by
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other appropriate order, and
(C)
Assure ensure that the defendant will not pose a danger
to another person or to the community if the charge against the
defendant is an offense listed under Code, Criminal Procedure
Article, §5-202 (b), (c), (d), or (e).
(4)
Advice of Conditions; and Consequences of Violation;
Amount and Terms of Bail
The judicial officer shall advise the defendant in
writing or on the record of the conditions of release imposed and
of the consequences of a violation of any condition.
When bail is
required, the judicial officer shall state in writing or on the
record the amount and any terms of the bail.
(f) (e) Conditions of Release
The conditions of release imposed by a judicial officer
under this Rule may include:
(1)
Committing committing the defendant to the custody of a
designated person or organization that agrees to supervise the
defendant and assist in assuring ensuring the defendant’s
appearance in court;
(2)
Placing placing the defendant under the supervision of a
probation officer or other appropriate public official;
(3)
Subjecting subjecting the defendant to reasonable
restrictions with respect to travel, association, or residence
during the period of release;
(4)
Requiring requiring the defendant to post a bail bond
complying with Rule 4-217 in an amount and on conditions specified
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by the judicial officer, including any of the following:
(A)
without collateral security,;
(B)
with collateral security of the kind specified in Rule
4-217 (e)(1)(A) equal in value to the greater of $25.00 $100.00 or
10% of the full penalty amount, or a larger percentage as may be
fixed by the judicial officer and if the judicial officer sets
bail at $2500 or less, the judicial officer shall advise the
defendant that the defendant may post a bail bond secured by
either a corporate surety or a cash deposit of 10% of the full
penalty amount,;
(C)
with collateral security of the kind specified in Rule
4-217 (e)(1)(A) equal in value to a percentage greater than 10%
but less than the full penalty amount;
(C) (D) with collateral security of the kind specified in
Rule 4-217 (e)(1) equal in value to the full penalty amount,; or
(D) (E) with the obligation of a corporation that is an
insurer or other surety in the full penalty amount;
Subjecting subjecting the defendant to any other
(5)
condition reasonably necessary to:
(A)
assure ensure the appearance of the defendant as
required,
(B)
protect the safety of the alleged victim, and
(C)
assure ensure that the defendant will not pose a danger
to another person or to the community if the charge against the
defendant is an offense listed under Code, Criminal Procedure
Article, §5-202 (b), (c), (d), or (e); and
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(6)
Imposing imposing upon the defendant, for good cause
shown, one or more of the conditions authorized under Code,
Article 27, §763 Criminal Law Article, §9-304 reasonably necessary
to stop or prevent the intimidation of a victim or witness or a
violation of Code, Article 27, §26, §761, or §762 Criminal Law
Article, §9-302, 9-303, or 9-305.
Cross reference: See Code, Criminal Procedure Article, §5-201
(b), and Code, Business Occupations and Professions Article, Title
20, concerning private home detention monitoring as a condition of
release.
(g) (f) Review of Commissioner's Pretrial Release Order
(1)
Generally
A defendant who is denied pretrial release by a
commissioner or who for any reason remains in custody for 24 hours
after a commissioner has determined conditions of release pursuant
to this Rule shall be presented immediately to the District Court
if the court is then in session, or if not, at the next session of
the court.
The District Court shall review the commissioner's
pretrial release determination and take appropriate action.
If
the defendant will remain in custody after the review, the
District Court shall set forth in writing or on the record the
reasons for the continued detention.
Cross reference: See Rule 4-231 (d) concerning the presence of a
defendant by video conferencing.
(2)
Juvenile Defendant
If the defendant is a child whose case is eligible for
transfer to the juvenile court pursuant to Code, Criminal
Procedure Article, §4-202 (b), the District Court, regardless of
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whether it has jurisdiction over the offense charged, may order
that a study be made of the child, the child’s family, or other
appropriate matters.
The court also may order that the child be
held in a secure juvenile facility.
(h) (g) Continuance of Previous Conditions
When conditions of pretrial release have been previously
imposed in the District Court, the conditions continue in the
circuit court unless amended or revoked pursuant to section (i)
(h) of this Rule.
(i) (h) Amendment of Pretrial Release Order
After a charging document has been filed, the court, on
motion of any party or on its own initiative and after notice and
opportunity for hearing, may revoke an order of pretrial release
or amend it to impose additional or different conditions of
release.
If its decision results in the detention of the
defendant, the court shall state the reasons for its action in
writing or on the record.
A judge may alter conditions set by a
commissioner or another judge.
(j) (i) Supervision of Detention Pending Trial
In order to eliminate unnecessary detention, the court
shall exercise supervision over the detention of defendants
pending trial.
It shall require from the sheriff, warden, or
other custodial officer a weekly report listing each defendant
within its jurisdiction who has been held in custody in excess of
seven days pending preliminary hearing, trial, sentencing, or
appeal.
The report shall give the reason for the detention of
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each defendant.
(k) (j) Violation of Condition of Release
A court may issue a bench warrant for the arrest of a
defendant charged with a criminal offense who violates is alleged
to have violated a condition of pretrial release.
After the
defendant is presented before a court, the court may (1) revoke
the defendant's pretrial release or (2) continue the defendant's
pretrial release with or without conditions.
Cross reference: See Rule 1-361, Execution of Warrants and Body
Attachments. See also, Rule 4-347, Proceedings for Revocation of
Probation, which preserves the authority of a judge issuing a
warrant to set the conditions of release on an alleged violation
of probation.
(l) (k) Title 5 Not Applicable
Title 5 of these rules does not apply to proceedings
conducted under this Rule.
Source: This Rule is derived in part from former Rule 721, M.D.R.
723 b 4, and is in part new.
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MARYLAND RULES OF PROCEDURE
TITLE 4 - CRIMINAL CAUSES
CHAPTER 200 - PRETRIAL PROCEDURES
AMEND Rule 4-217 to delete an obsolete cross reference and
to make a certain stylistic change in subsection (e)(3), as
follows:
Rule 4-217.
BAIL BONDS
. . .
(c)
Authorization to Take Bail Bond
Any clerk, District Court commissioner, or other person
authorized by law may take a bail bond.
The person who takes a
bail bond shall deliver it to the court in which the charges are
pending, together with all money or other collateral security
deposited or pledged and all documents pertaining to the bail
bond.
Cross reference: Code, Criminal Procedure Article, §§5-204 and 5205 and Code (1957, 1991 Repl. Vol.), Article 87, §6.
. . .
(e)
Collateral Security
. . .
(3)
Additional or Different Collateral Security
Upon a finding that the collateral security originally
deposited, pledged, or encumbered is insufficient to insure ensure
collection of the penalty sum of the bond, the court, on motion by
the State or on its own initiative and after notice and
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opportunity for hearing, may require additional or different
collateral security.
. . .
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MARYLAND RULES OF PROCEDURE
TITLE 4 - CRIMINAL CAUSES
CHAPTER 200 - PRETRIAL PROCEDURES
AMEND Rule 4-222 (b) to conform to certain proposed
amendments to Rule 4-216, as follows:
Rule 4-222.
PROCEDURE UPON WAIVER OF JURISDICTION BY JUVENILE
COURT
. . .
(b)
Probable Cause Determination
A minor or adult defendant shall be released on personal
recognizance, under terms and conditions that do not significantly
restrain the defendant’s liberty with no other conditions of
release, unless the judicial officer determines that there is
probable cause to believe that the minor or adult defendant
committed the offense described in the juvenile petition.
. . .
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MARYLAND RULES OF PROCEDURE
TITLE 4 - CRIMINAL CAUSES
CHAPTER 200 - PRETRIAL PROCEDURES
AMEND Rule 4-231 to reflect the relettering of Rule 4-216,
as follows:
Rule 4-231.
PRESENCE OF DEFENDANT
. . .
(d)
Video Conferencing in District Court
In the District Court, if the Chief Judge of the District
Court has approved the use of video conferencing in the county, a
judicial officer may conduct an initial appearance under Rule
4-213 (a) or a review of the commissioner's pretrial release
determination under Rule 4-216 (g) (f) with the defendant and the
judicial officer at different locations, provided that:
(1) the video conferencing procedure and technology are
approved by the Chief Judge of the District Court for use in the
county;
(2) immediately after the proceeding, all documents that are
not a part of the District Court file and that would be a part of
the file if the proceeding had been conducted face-to-face shall
be electronically transmitted or hand-delivered to the District
Court; and
(3) if the initial appearance under Rule 4-213 is conducted by
video conferencing, the review under Rule 4-216 (g) (f) shall not
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be conducted by video conferencing.
. . .
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MARYLAND RULES OF PROCEDURE
TITLE 4 - CRIMINAL CAUSES
CHAPTER 200 - PRETRIAL PROCEDURES
AMEND Rule 4-254 (b)(1) to add language providing that the
filing of a notice of intention to seek the death penalty by the
State’s Attorney is a condition for removal of a capital case and
to make certain stylistic changes, as follows:
Rule 4-254.
(a)
REASSIGNMENT AND REMOVAL
Reassignment in District Court
The reassignment of a criminal action pending in the
District Court shall be governed by the provisions of Rule 3-505.
(b)
Removal in Circuit Courts
(1)
Capital Cases
When If a defendant is charged with an offense for which
the maximum penalty is death and the State’s Attorney has filed a
notice of intention to seek the death penalty, either party files
may file a suggestion under oath that the party cannot have a fair
and impartial trial in the court in which the action is pending,.
A suggestion by a defendant shall be under the defendant’s
personal oath, and a suggestion filed by the State shall be under
the oath of the State’s Attorney.
the When a suggestion is filed,
the court shall order that the action be transferred for trial to
another court having jurisdiction.
The, and the Circuit
Administrative Judge of the court ordering removal shall designate
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the county to which the case is to be removed.
A suggestion by a
defendant shall be under the defendant's personal oath.
A
suggestion filed by the State shall be under the oath of the
State's Attorney.
(2)
Non-capital Cases
When a defendant is charged with an offense for which is
not eligible for the maximum death penalty is not death and either
party files a suggestion under oath that the party cannot have a
fair and impartial trial in the court in which the action is
pending, the court shall order that the action be transferred for
trial to another court having jurisdiction only if it the court is
satisfied that the suggestion is true or that there is reasonable
ground for it. The Circuit Administrative Judge of the court
ordering removal shall designate the county to which the case is
to be removed.
A party who has obtained one removal may obtain
further removal pursuant to this section.
(3)
Transfer of Case File - Trial
Upon the filing of an order for removal, the clerk shall
transmit the case file and a certified copy of the docket entries
to the clerk of the court to which the action is transferred and
the action shall proceed as if originally filed there.
After
final disposition of the action, the clerk shall return a
certified copy of the docket entries to the clerk of the court in
which the action was originally instituted for entry on the docket
as final disposition of the charges.
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Source: This Rule is derived as follows:
Section (a) is derived from former M.D.R. 744.
Section (b) is derived from former Rule 744.
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MARYLAND RULES OF PROCEDURE
TITLE 4 - CRIMINAL CAUSES
CHAPTER 300 - TRIAL AND SENTENCING
AMEND Rule 4-313 to delete subsection (a)(4), as follows:
Rule 4-313.
(a)
PEREMPTORY CHALLENGES
(1)
Number
Generally
Except as otherwise provided by this section, each party
is permitted four peremptory challenges.
(2)
Cases Involving Death or Life Imprisonment
Each defendant who is subject on any single count to a
sentence of death or life imprisonment, except when charged with a
common law offense for which no specific penalty is provided by
statute, is permitted 20 peremptory challenges and the State is
permitted ten peremptory challenges for each defendant.
(3)
Cases Involving Imprisonment for 20 Years or More, but
Less Than Life
Each defendant who is subject on any single count to a
sentence of imprisonment for 20 years or more, but less than life,
except when charged with a common law offense for which no
specific penalty is provided by statute, is permitted ten
peremptory challenges and the State is permitted five peremptory
challenges for each defendant.
(4)
Cases Involving Election Law Offenses Punishable by
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Imprisonment in Penitentiary
In trials for offenses against the provisions of Code,
Article 33, or any other law relating to elections or voter
registration, each party shall be entitled to twenty peremptory
challenges if the offense is punishable by imprisonment in the
penitentiary.
Cross reference:
(5) (4)
Code, Article 33, §24-31.
Alternate Jurors
For each alternate juror to be selected, the State is
permitted one additional peremptory challenge for each defendant
and each defendant is permitted two additional peremptory
challenges.
The additional peremptory challenges may be used only
against alternate jurors, and other peremptory challenges allowed
by this section may not be used against alternate jurors.
. . .
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MARYLAND RULES OF PROCEDURE
TITLE 4 - CRIMINAL CAUSES
CHAPTER 300 - TRIAL AND SENTENCING
AMEND Rule 4-326 to add certain provisions concerning the
use of juror notes and notepads and to add a requirement that the
court notify the parties of any communication from the jury as
promptly as practicable, as follows:
Rule 4-326. JURY - REVIEW OF EVIDENCE - COMMUNICATIONS
(a)
Jurors' Notes
The court may, and upon request of any party shall, provide
paper notepads for use by jurors during trial and deliberations.
The court shall maintain control over the jurors’ notes during the
trial and promptly destroy the jurors’ notes after the trial.
A
juror's notes may not be reviewed or relied upon for any purpose
by any person other than the juror.
If a juror is unable to use a
notepad because of a disability, the court shall provide a
reasonable accommodation.
(a) (b)
Items Taken to Jury Room
Jurors may take notes regarding the evidence and they may
keep the notes their notes with them when they retire for their
deliberations.
Unless the court for good cause orders otherwise,
the jury may also take the charging document and exhibits which
have been admitted in evidence, except that a deposition may not
be taken into the jury room without the agreement of all parties
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and the consent of the court.
Electronically recorded
instructions or oral instructions reduced to writing may be taken
into the jury room only with the permission of the court.
On
request of a party or on the court's own initiative, the charging
documents shall reflect only those charges on which the jury is to
deliberate.
The court may impose safeguards for the preservation
of the exhibits and the safety of the jurors.
Cross reference:
(b) (c)
See Rule 5-802.1 (e).
Jury Request to Review Evidence
The court, after notice to the parties, may make available
to the jury testimony or other evidence requested by it.
In order
that undue prominence not be given to the evidence requested, the
court may also make available additional evidence relating to the
same factual issue.
(c) (d)
Communications With Jury
The court shall notify the defendant and the State's
Attorney of the receipt of any communication from the jury
pertaining to the action as promptly as practicable and in any
event before responding to the communication.
All such
communications between the court and the jury shall be on the
record in open court or shall be in writing and filed in the
action.
Source: This Rule is derived as follows:
Section (a) is new.
Section (a) (b) is derived from former Rules 758 a and b and 757
e.
Section (b) (c) is derived from former Rule 758 c.
Section (c) (d) is derived from former Rule 758 d.
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MARYLAND RULES OF PROCEDURE
TITLE 4 - CRIMINAL CAUSES
CHAPTER 300 - TRIAL AND SENTENCING
AMEND Rule 4-342 by adding a new section (l) providing for
recordation of restitution, as follows:
Rule 4-342. SENTENCING -- PROCEDURE IN NON-CAPITAL CASES
(a)
Applicability
This Rule applies to all cases except those governed by
Rule 4-343.
(b)
Statutory Sentencing Procedure
When a defendant has been found guilty of murder in the
first degree and the State has given timely notice of intention to
seek a sentence of imprisonment for life without the possibility
of parole, but has not given notice of intention to seek the death
penalty, the court shall conduct a sentencing proceeding, separate
from the proceeding at which the defendant's guilt was
adjudicated, as soon as practicable after the trial to determine
whether to impose a sentence of imprisonment for life or
imprisonment for life without parole.
Cross reference: Code, Criminal Law Article, §§2-101, 2-201, 2202 (b)(3), 2-303, and 2-304.
(c)
Judge
If the defendant's guilt is established after a trial has
commenced, the judge who presided shall sentence the defendant. If
a defendant enters a plea of guilty or nolo contendere before
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trial, any judge may sentence the defendant except that, the judge
who directed entry of the plea shall sentence the defendant if
that judge has received any matter, other than a statement of the
mere facts of the offense, which would be relevant to determining
the proper sentence.
This section is subject to the provisions of
Rule 4-361.
(d)
Presentence Disclosures by the State's Attorney
Sufficiently in advance of sentencing to afford the
defendant a reasonable opportunity to investigate, the State's
Attorney shall disclose to the defendant or counsel any
information that the State expects to present to the court for
consideration in sentencing.
If the court finds that the
information was not timely provided, the court shall postpone
sentencing.
(e)
(1)
Notice and Right of Victim to Address the Court
Notice and Determination
Notice to a victim or a victim’s representative of
proceedings under this Rule is governed by Code, Criminal
Procedure Article, §11-104 (e).
The court shall determine whether
the requirements of that section have been satisfied.
(2)
Right to Address the Court
The right of a victim or a victim’s representative to
address the court during a sentencing hearing under this Rule is
governed by Code, Criminal Procedure Article, §11-403.
Cross reference: See Code, Criminal Procedure Article, §§11-103
(b) and 11-403 (e) concerning the right of a victim or victim’s
representative to file an application for leave to appeal under
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certain circumstances.
(f)
Allocution and Information in Mitigation
Before imposing sentence, the court shall afford the
defendant the opportunity, personally and through counsel, to make
a statement and to present information in mitigation of
punishment.
(g)
Reasons
The court ordinarily shall state on the record its reasons
for the sentence imposed.
(h)
Credit for Time Spent in Custody
Time spent in custody shall be credited against a sentence
pursuant to Code, Criminal Procedure Article, §6-218.
(i)
Advice to the Defendant
At the time of imposing sentence, the court shall cause the
defendant to be advised of any right of appeal, any right of
review of the sentence under the Review of Criminal Sentences Act,
any right to move for modification or reduction of the sentence,
and the time allowed for the exercise of these rights.
At the
time of imposing a sentence of incarceration for a violent crime
as defined in Code, Correctional Services Article, §7-101 and for
which a defendant will be eligible for parole as provided in §7301 (c) or (d) of the Correctional Services Article, the court
shall state in open court the minimum time the defendant must
serve for the violent crime before becoming eligible for parole.
The circuit court shall cause the defendant who was sentenced in
circuit court to be advised that within ten days after filing an
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appeal, the defendant must order in writing a transcript from the
court stenographer.
Cross reference:
8-109.
Code, Criminal Procedure Article, §§8-102 -
Committee note: Code, Criminal Procedure Article, §6-217 provides
that the court's statement of the minimum time the defendant must
serve for the violent crime before becoming eligible for parole is
for informational purposes only and may not be considered a part
of the sentence, and the failure of a court to comply with this
requirement does not affect the legality or efficacy of the
sentence imposed.
(j)
Terms for Release
On request of the defendant, the court shall determine the
defendant's eligibility for release under Rule 4-349 and the terms
for any release.
(k)
Restitution from a Parent
If restitution from a parent of the defendant is sought
pursuant to Code, Criminal Procedure Article, §11-604, the State
shall serve the parent with notice of intention to seek
restitution and file a copy of the notice with the court.
The
court may not enter a judgment of restitution against the parent
unless the parent has been afforded a reasonable opportunity to be
heard and to present evidence.
The hearing on parental
restitution may be part of the defendant's sentencing hearing.
(l)
Recordation of Restitution
(1)
Circuit Court
Recordation of a judgment of restitution in the circuit
court is governed by Code, Criminal Procedure Article, §11-608 and
Rule 2-601.
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(2)
District Court
Upon the entry of a judgment of restitution in the
District Court, the Clerk of the Court shall send the written
notice required under Code, Criminal Procedure Article, §11-610
(e).
Recordation of a judgment of restitution in the District
Court is governed by Code, Criminal Procedure Article, §§11-610
and 11-612 and Rule 3-621.
Cross reference: Parent's liability, hearing, recording and
effect, Rule 11-118.
Source: This Rule is derived as follows:
Section (a) is derived from former Rule 772 a.
Section (b) is new.
Section (c) is derived from former Rule 772 b and M.D.R. 772 a.
Section (d) is derived from former Rule 772 c and M.D.R. 772 b.
Section (e) is new.
Section (f) is derived from former Rule 772 d and M.D.R. 772 c.
Section (g) is derived from former Rule 772 e and M.D.R. 772 d.
Section (h) is derived from former Rule 772 f and M.D.R. 772 e.
Section (i) is in part derived from former Rule 772 h and M.D.R.
772 g and in part new.
Section (j) is new.
Section (k) is new.
Section (l) is new.
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MARYLAND RULES OF PROCEDURE
TITLE 4 - CRIMINAL CAUSES
CHAPTER 300 - TRIAL AND SENTENCING
AMEND Rule 4-349 to reflect the relettering of Rule 4-216,
as follows:
Rule 4-349.
RELEASE AFTER CONVICTION
. . .
(b)
Factors Relevant to Conditions of Release
In determining whether a defendant should be released under
this Rule, the court may consider the factors set forth in Rule
4-216 (f) (e) and, in addition, whether any appellate review
sought appears to be frivolous or taken for delay.
The burden of
establishing that the defendant will not flee or pose a danger to
any other person or to the community rests with the defendant.
. . .
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MARYLAND RULES OF PROCEDURE
TITLE 4 - CRIMINAL CAUSES
CHAPTER 300 - TRIAL AND SENTENCING
AMEND Rule 4-354 by adding a new section (b) and a cross
reference, as follows:
Rule 4-354.
(a)
ENFORCEMENT OF MONEY JUDGMENT
Generally
A money judgment or other order for payment of a sum
certain entered in a criminal action in favor of the State,
including imposition of a fine, forfeiture of an appearance bond,
and adjudication of a lien pursuant to Code, Article 27A, §7, may
be enforced in the same manner as a money judgment entered in a
civil action.
(b)
Judgment of Restitution
A judgment of restitution may be enforced in the same
manner as a money judgment entered in a civil action.
Cross reference: See Code, Criminal Procedure Article, §11-613 (d)
and Grey v. Allstate Insurance Company, 363 Md. 445 (2001).
Source: This Rule is derived in part from former M.D.R. 620 a and
in part new.
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MARYLAND RULES OF PROCEDURE
TITLE 4 - CRIMINAL CAUSES
CHAPTER 500 - EXPUNGEMENT OF RECORDS
AMEND Rule 4-505 to add to section (a) new language
requiring a law enforcement agency that objects to an
application for expungement to file an answer, as follows:
Rule 4-505.
(a)
ANSWER TO APPLICATION OR PETITION
Answer to Application
Within 30 days after service of an application for
expungement, if the law enforcement agency objects to the
expungement, the law enforcement agency shall file an answer, if
it has not previously filed a timely notice of denial or if it
wishes to assert additional reasons for denial at the hearing, and
serve a copy on the applicant or the attorney of record.
(b)
Answer to Petition
Within 30 days after service of a petition for expungement,
the State's Attorney shall file an answer, and serve a copy on the
petitioner or the attorney of record.
Cross reference:
(c)
Code, Criminal Procedure Article, §10-105 (d).
Contents
An answer objecting to expungement of records shall state
in detail the specific grounds for objection.
A law enforcement
agency or State's Attorney may by answer consent to the
expungement of an applicant's or petitioner's record.
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(d)
Effect of Failure to Answer
The failure of a law enforcement agency or State's Attorney
to file an answer within the 30-day period constitutes a consent
to the expungement as requested.
Source:
This Rule is derived from former Rule EX4.
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MARYLAND RULES OF PROCEDURE
TITLE 4 - CRIMINAL CAUSES
BAIL BOND FORMS
AMEND Form 4-217.1 to state the statutory capitalization
rates for ground leases, as follows:
Form 4-217.1.
DECLARATION OF TRUST OF REAL ESTATE TO SECURE
PERFORMANCE OF A BAIL BOND
DECLARATION OF TRUST OF REAL ESTATE
TO SECURE PERFORMANCE OF A BAIL BOND
STATE OF MARYLAND,
The undersigned [ ] Defendant, [ ] Surety, .................
...................... of .....................................,
(Name)
(Address)
in order to secure the performance of the bail bond annexed
hereto, being first sworn (or, if Surety is a corporation, its
undersigned officer being first sworn), acknowledges and declares
under oath as follows:
That the undersigned is the sole owner of [ ] a fee simple
absolute, or [ ] a leasehold subject to an annual ground rent of
$......................, in certain land and premises situate in
.................................. Maryland and described as
(County)
.................................................................
(lot, block, and subdivision or other legal description)
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That the undersigned is competent to execute a conveyance of
said land and premises; and
That the undersigned hereby holds the same in trust to the
use and subject to the demand of the State of Maryland as
collateral security for the performance of that bond;
That said the property is assessed for $...... x .8 = $......
from which the following encumbrances should be deducted:
Ground rent capitalized at 6% ___%*
$......
Mortgages/Deeds of Trust totaling
$......
Federal/State Tax Liens
$......
Mechanics Liens
$......
Judgment & Other Liens
$......
Other outstanding Bail Bonds
$......
Total Encumbrances
$......
and that the present net equity in the property is
$......
$......
* The capitalization rates for ground leases are: (1) 4% for
leases executed from April 9, 1884 to April 5, 1888, inclusive;
(2) 12% for leases created after July 1, 1982; and (3) 6% for
leases created at any other time. See Code, Real Property
Article, §8-110.
That, if the undersigned is a body corporate, this
Declaration of Trust is its act and deed and that its undersigned
officer is fully authorized to execute this Declaration of Trust
on its behalf.
And the undersigned further declares, covenants, and
undertakes not to sell, transfer, convey, assign, or encumber the
land and premises or any interest therein, so long as the bail
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bond hereby secured remains undischarged and in full force and
effect, without the consent of the court in which the bail bond
is filed, it being understood that upon discharge of the bail
bond the clerk of the court will execute a release in writing
endorsed on the foot of this document (or by a separate Deed of
Release), which may be recorded in the same manner and with like
effect of a release of mortgage if this Declaration of Trust is
recorded among the Land Records.
...................................(Seal)
(Defendant)
or
...................................(Seal)
(Surety)
by ......................................
SWORN to, signed, sealed, and acknowledged before me this
....... day of ......................, .......... .
(month)
(year)
.......................................
Commissioner/Clerk/Judge
of the .......................... Court
for ....................... County/City
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MARYLAND RULES OF PROCEDURE
TITLE 4 - CRIMINAL CAUSES
FORMS FOR EXPUNGEMENT OF RECORDS
AMEND Form 4-503.4 to make a certain stylistic change, as
follows:
Form 4-503.4.
NOTICE OF HEARING
(Caption)
NOTICE OF HEARING
TO THE LAW ENFORCEMENT AGENCY SERVED HEREWITH:
A hearing on the foregoing Application for Expungement of
Records has
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