# IN THE COURT OF APPEALS OF MARYLAND > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/court_rules%3Amd%3Ac7e137cb1caa762c ## Record - **Collection:** Court rules - **Document type:** Court rule ## Text 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, -1- 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 -3- 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 -4- 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 -5- 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. -6- 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. -7- 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. -8- 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. -9- 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. -10- 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. -11- 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. -12- 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. -13- 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. -14- 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, -15- §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. -16- 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. -17- 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. -18- 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). . . . -19- 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. -20- 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). -21- 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). -22- 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. -23- 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. -24- 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. -25- 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. -26- 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). -27- 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. -28- 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. -29- 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. -30- 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). -31- 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. -32- 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. -33- 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. -46- (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 -47- 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). -59- 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. -60- 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. -61- 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). -62- 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. -63- 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). -64- . . . Source: This Rule is derived from former Rule 419 and FRCP 34 the 1980 version of Fed. R. Civ. P. 34. -65- 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 -66- 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. -67- 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 -70- 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; -72- (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 -73- 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. -79- 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 -80- 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). -85- 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. . . . -93- 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. . . . -94- 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. -95- 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. -96- 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. -97- 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. -98- 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. -99- 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 -100- 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. -101- 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. -102- 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). . . . -104- 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. -109- 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. -111- 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. -112- 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 -116- 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 -120- 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. -127- 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). -129- 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). -130- 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. . . . -131- 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. . . . -132- 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. -133- 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. -134- 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. -135- 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 -136- 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. -137- 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 -138- 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 -139- 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. -140- 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 -141- "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 -142- "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. -143- 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. -144- 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, th [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/court_rules%3Amd%3Ac7e137cb1caa762c. Public record. Not legal advice.