IN THE SUPREME COURT OF MARYLAND

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RULES ORDER

This Court’s Standing Committee on Rules of Practice and Procedure

having submitted its Two Hundred and Twenty-Fourth Report to the Supreme

Court of Maryland, recommending a proposed new Preamble to the Maryland

Rules, proposed new Rules 4-268, 9-202.1, and 15-1601, and proposed

amendments to current Rules 1-201, 1-325, 1-332, 2-705, 3-711, 4-211, 4213.1, 4-252, 4-262, 4-263, 4-271, 4-314, 5-606, 6-209, 6-311, 9-205.3, 10108, 10-111, 10-201, 10-202, 10-402, 10-403, 11-102, 11-302, 11-405, 11406, 11-410, 11-419, 11-420.2, 11-422, 11-423, 15-1302, 16-911, 16-912, 16914, 16-915, 16-916, 16-933, 16-934, 17-105, 18-101.2, 18-201.2, 18-204.1,

18-305, 19-306.1, 19-504, 19-607, 19-737, 19-738, and 19-752 of the

Maryland Rules of Procedure, all as posted for comment on the website of the

Maryland Judiciary; and

This Court having considered the proposed Rules changes, together with

comments received, at an open meeting, notice of which was posted as

prescribed by law, and making on its own motion certain amendments to the

proposed Rules changes, it is this 26th day of June, 2025

ORDERED, by the Supreme Court of Maryland, that the new Preamble to

the Maryland Rules be, and it is hereby, adopted in the form attached to this

Order; and it is further

ORDERED that new Rules 4-268, 9-202.1, and 15-1601 be, and they are

hereby, adopted in the form attached to this Order; and it is further

ORDERED that amendments to Rules 1-201, 1-325, 1-332, 2-705, 3711, 4-211, 4-213.1, 4-252, 4-262, 4-263, 4-271, 4-314, 5-606, 6-209, 6-311,

9-205.3, 10-108, 10-111, 10-201, 10-202, 10-402, 11-102, 11-302, 11-405,

11-406, 11-410, 11-419, 11-420.2, 11-422, 11-423, 15-1302, 16-911, 16-912,

16-914, 16-915, 16-916, 16-933, 16-934, 17-105, 18-101.2, 18-201.2, 18204.1, 18-305, 19-306.1, 19-504, 19-607, 19-737, 19-738, and 19-752 be, and

they are hereby, adopted in the form attached to this Order; and it is further

ORDERED that the proposed amendments to Rule 10-403 be, and they

are hereby, rejected; and it is further

ORDERED that the 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 October 1, 2025 and, insofar as practicable, to all actions then

pending; and it is further

ORDERED that a copy of this Order be posted promptly on the website of

the Maryland Judiciary.

/s/ Matthew J. Fader

Matthew J. Fader

/s/ Shirley M. Watts

Shirley M. Watts

/s/ Brynja M. Booth

Brynja M. Booth

/s/ Jonathan Biran

Jonathan Biran

/s/ Steven B. Gould

*Steven B. Gould

/s/ Angela M. Eaves

Angela M. Eaves

/s/ Peter K. Killough

**Peter K. Killough

Filed:

June 26, 2025

Pursuant to the Maryland Uniform Electronic Legal

Materials Act (§§ 10-1601 et seq. of the State

Government Article) this document is authentic.

2025.06.26

'00'04- 14:40:15

/s/ Gregory Hilton

Clerk

Supreme Court of Maryland

Gregory Hilton, Clerk

*Justice Gould declined to approve for adoption the Preamble to the Maryland

Rules of Procedure and the amendments to Rules 5-606, 18-101.2, and 18201.2.

**Justice Killough declined to approve for adoption the Preamble to the

Maryland Rules of Procedure and the amendments to Rules 18-101.2 and 18201.2.

Dissenting Statement of Gould, J.

I write to explain my vote against the amendments to Maryland Rules 5-606, 18101.2, 18-201.2, and the new preamble to the Maryland Rules, all proposed in the Two

Hundred and Twenty-Fourth Report.

Rule 5-606

The no-impeachment rule has deep historical roots, tracing back to Lord Mansfield’s

1785 decision in Vaise v. Delaval (1785) 99 Eng. Rep. 944 (KB). Williams v. State, 204

Md. 55, 68 (1954). Maryland first recognized this rule in 1831 and has consistently applied

it for nearly two centuries. Id. at 70-71. This Court explained that “[s]uch evidence is

forbidden by public policy, since it would disclose the secrets of the jury room and afford

an opportunity for fraud and perjury.” Id. at 67 (quoting Brinsfield v. Howeth, 110 Md. 520,

530 (1909)). And we warned that permitting post-verdict juror testimony would “render all

verdicts insecure[,]” create “a most pernicious practice,” and lead to “harassment of jurors

by disgruntled losing parties[,]” “removal of an element of finality from judicial

decisions[,]” and “a decrease in public confidence in the judicial process.” Id. at 67.

These principles are not relics of bygone days. Just three years ago we said:

“It has long been the rule in Maryland, without any deviation, that a juror

may not impeach his or her verdict.” Stokes v. State, 379 Md. 618, 637, 843

A.2d 64, 75 (2004) (citations omitted). See also Colvin-el v. State, 332 Md.

144, 184, 630 A.2d 725, 745 (1993), cert. denied sub nom. Colvin-El v.

Maryland, 512 U.S. 1227, 114 S.Ct. 2725, 129 L.Ed.2d 849 (1994) (“The

well-settled Maryland rule is that jurors cannot be heard to impeach their

verdict.” (Citations omitted)). “[O]ne reason for the rule is to protect the

secrecy of jury deliberations. . . . [W]hile privacy is not a constitutional end

in itself, it is the means of ensuring the integrity of the jury trial itself.”

Stokes, 379 Md. at 638, 843 A.2d at 75-76 (citations omitted). This is because

allowing a juror to impeach a verdict “would disclose the secrets of the jury

room and afford an opportunity for fraud and perjury.” Id. at 637, 843 A.2d

at 75 (citation omitted). Other purposes of the no-impeachment rule include

avoiding “harassment of jurors by disgruntled losing parties; removal of an

element of finality from judicial decisions; and through allowing jurors to

swear to alleged examples of reprehensible conduct, a decrease in public

confidence in the judicial process.” Id. at 637, 843 A.2d at 75 (citation

omitted).

Williams v. State, 478 Md. 99, 131 (2022) (alterations in original).

This Court can, of course, exercise its rulemaking authority to codify the exception

to the no-impeachment rule recognized in Pena-Rodriguez v. Colorado, 580 U.S. 206

(2017). But if we are going to do so, we should also take seriously the Supreme Court’s

statement that “[t]he practical mechanics of acquiring and presenting such evidence will

no doubt be shaped and guided by state rules[.]” Id. at 226. Elaborating on that point, the

Court said:

This case does not ask, and the Court need not address, what procedures a

trial court must follow when confronted with a motion for a new trial based

on juror testimony of racial bias. See 27 Wright 575–578 (noting a

divergence of authority over the necessity and scope of an evidentiary

hearing on alleged juror misconduct). The Court also does not decide the

appropriate standard for determining when evidence of racial bias is

sufficient to require that the verdict be set aside and a new trial be granted.

Compare, e.g., Shillcutt, 827 F.2d, at 1159 (inquiring whether racial bias

“pervaded the jury room”), with, e.g., Henley, 238 F.3d, at 1120 (“One racist

juror would be enough”).

Id. at 228.

This Court is codifying the Pena-Rodriguez exception without addressing the

procedural issues that the Supreme Court acknowledged and assumed would be addressed

at the state level. The amended Rule 5-606 does not say when or how a claim under

subsection (b)(2) must be made. It does not establish a burden of proof that the court must

apply in deciding the claim. It does not say whether the rules of evidence will apply. It

appears that, after nearly two centuries of strict adherence to the no-impeachment rule, the

law in Maryland will soon be that a verdict may be successfully challenged based on

nothing more than an affidavit of one juror accusing another juror of racial bias. The rule

does not even specify which of the two forms of affidavit under Rule 1-304 is required,

that is, whether the affidavit must be based on personal knowledge or on information and

belief. This is not an insignificant point: If the former, a new trial could be granted based

on a single level of hearsay; if the latter, then a new trial could be granted based on multiple

levels of hearsay.

The consensus at the open hearing on June 3, 2025 was that such a claim under Rule

5-606(b)(2) would be adjudicated under Rule 4-331, which governs motions for a new trial

in criminal cases. But the rule does not say that. And assuming that is so, under which

subsection? Is it a 10-day motion under subsection (a)? A 90-day motion under subsection

(b)? A one-year motion under subsection (c)? And what about civil cases?

In my view, when we exercise our rulemaking power, we should try do so in a way

that promotes fairness and efficiency. Simply codifying the Pena-Rodriguez exception

without addressing the important procedural issues raised in that case is not a prudent use

of our rulemaking authority. Accordingly, I voted against adopting these amendments to

Rule 5-606.

Title 18 Rules and the New Preamble

I also voted against the adoption of the amendments to Rules 18-101.2 and 18-201.2

and the new proposed preamble. I, of course, share the commitment to judicial impartiality

and ensuring that cases are decided based on the facts and law, uninfluenced by personal

biases. Those issues are addressed in other rules, including Rules 18-100.4 (judicial

conduct promoting public confidence), 18-102.2 (general conduct standards), 18-102.3

(avoiding bias and prejudice), 18-102.8 (Decorum, Demeanor, and Communication with

Jurors), and their corresponding provisions for judicial appointees in Rules 18-202.2, 18202.3, and 18-202.8 (Decorum and Demeanor). The Two Hundred and Twenty-Fourth

Report does not explain why the existing rules are inadequate to the task. Accordingly, I

voted against adopting these amendments.

PREAMBLE

MARYLAND RULES OF PROCEDURE

PREAMBLE

ADD a Preamble to the Maryland Rules, as follows:

PREAMBLE

The mission of the Maryland Judiciary is to provide fair, efficient, and

effective justice for all persons who come before it. The Judiciary is committed

to ensuring the integrity and impartiality of the judicial system and to

providing court interactions free of bias that interferes with the fair

administration of justice and the appearance of such bias. In all court

interactions, each judge, judicial officer, employee, and agent acting on behalf

of the Maryland Judiciary should refrain from engaging in conduct that

exhibits actual or implicit bias based on race, sex, gender, religion, national

origin, ethnicity, disability, age, sexual orientation, marital status,

socioeconomic status, or political affiliation – whether directed toward counsel,

court staff, witnesses, parties, jurors, or any other individual or group of

individuals – and is encouraged to take action to discourage others from

engaging in such conduct.

RULE 1-201

MARYLAND RULES OF PROCEDURE

TITLE 1 – GENERAL PROVISIONS

CHAPTER 200 – CONSTRUCTION, INTERPRETATION, AND DEFINITIONS

AMEND Rule 1-201 by adding new section (f), as follows:

Rule 1-201. RULES OF CONSTRUCTION

(a) General

These rules shall be construed to secure simplicity in procedure, fairness

in administration, and elimination of unjustifiable expense and delay. When a

rule, by the word “shall” or otherwise, mandates or prohibits conduct, the

consequences of noncompliance are those prescribed by these rules or by

statute. If no consequences are prescribed, the court may compel compliance

with the rule or may determine the consequences of the noncompliance in light

of the totality of the circumstances and the purpose of the rule.

(b) Jurisdiction and Venue Unaffected

These rules shall not be construed to extend or limit the jurisdiction of any

court or, except as expressly provided, the venue of actions.

Neither these rules nor omissions from these rules supersede common law

or statute unless inconsistent with these rules.

(d) Singular and Plural – Gender

Words in the singular include the plural and words in any gender include

all genders except as necessary implication requires.

RULE 1-201

(e) Headings, References, and Notes Not Rules

Headings, subheadings, cross references, committee notes, source

references, and annotations are not part of these rules.

(f) Statute of Limitations

The term “statute of limitations” includes a statute of repose, except as

necessary implication requires.

Source: This Rule is derived as follows:

Section (a) is in part consistent with 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.

Section (f) is new.

RULE 1-325

MARYLAND RULES OF PROCEDURE

TITLE 1 – GENERAL PROVISIONS

CHAPTER 300 – GENERAL PROVISIONS

AMEND Rule 1-325 by adding “Request for Court Waiver of Open Costs”

to the tagline of section (d); by creating new subsection (d)(1) with the existing

provisions of section (d); by re-lettering current subsections (d)(1) and (d)(2) as

(d)(1)(A) and (d)(1)(B), respectively; by re-lettering current subsections (d)(1)(A)

and (d)(1)(B) as (d)(1)(A)(i) and (d)(1)(A)(ii), respectively; by re-lettering current

subsections (d)(1)(A)(i) through (d)(1)(A)(iii) as (d)(1)(A)(i)(a) through (d)(1)(A)(i)(c),

respectively; by adding new subsection (d)(2) governing a request for waiver of

open costs; by adding a reference to new subsection (d)(2) to subsections

(f)(2)(A) and (f)(2)(B); by updating the affidavit requirement in subsection

(f)(2)(B); and by making stylistic changes, as follows:

Rule 1-325. WAIVER OF COSTS DUE TO INDIGENCE – GENERALLY

(a) Scope

This Rule applies only to (1) original civil actions in a circuit court or the

District Court and (2) requests for relief that are civil in nature filed in a

criminal action.

Committee note: Original civil actions in a circuit court include actions

governed by the Rules in Title 7, Chapter 200, 300, and 400. Requests for

relief that are civil in nature filed in a criminal action include petitions for

expungement and requests to shield all or part of a record.

(b) Definition

RULE 1-325

In this Rule, “prepaid costs” means costs that, unless prepayment is

waived pursuant to this Rule, must be paid prior to the clerk's docketing or

accepting for docketing a pleading or paper or taking other requested action.

Committee note: “Prepaid costs” may include a fee to file an initial complaint

or a motion to reopen a case, a fee for entry of the appearance of an attorney,

and any prepaid compensation, fee, or expense of a magistrate or examiner.

See Rules 1-501, 2-541, 2-542, 2-603, and 9-208.

No filing fee shall be charged for the filing of the request for waiver of

prepaid costs pursuant to section (d) or (e) of this Rule.

(d) Waiver of Prepaid Costs by Clerk; Request for Court Waiver of Open Costs

(1) Prepaid Costs

On written request, the clerk shall waive the prepayment of prepaid

costs, without the need for a court order, if:

(1)(A) the party is an individual who is represented (A)(i) by an attorney

retained through a pro bono or legal services program on a list of programs

serving low income low-income individuals that is submitted by the Maryland

Legal Services Corporation to the State Court Administrator and posted on the

Judiciary website, provided that an authorized agent of the program provides

the clerk with a statement that (i)(a) names the program, attorney, and party;

(ii)(b) states that the attorney is associated with the program and the party

meets the financial eligibility criteria of the Corporation; and (iii)(c) attests that

the payment of filing fees is not subject to Code, Courts Article, § 5-1002 (the

Prisoner Litigation Act), or (B)(ii) by an attorney provided by the Maryland Legal

Aid Bureau, Inc. or the Office of the Public Defender, and

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(2)(B) except for an attorney employed or appointed by the Office of the

Public Defender in a civil action in which that Office is required by statute to

represent the party, the attorney certifies that, to the best of the attorney's

knowledge, information, and belief, there is good ground to support the claim,

application, or request for process and it is not interposed for any improper

purpose or delay.

Committee note: The Public Defender represents indigent individuals in a

number of civil actions. See Code, Criminal Procedure Article, § 16-204(b).

Cross reference: See Rule 1-311 (b) and Rule 19-303.1 (3.1) of the Maryland

Attorneys’ Rules of Professional Conduct.

(2) Request for Waiver of Open Costs at Conclusion of Action

A request under subsection (d)(1) of this Rule may include a request for

final waiver of open costs by the court at the conclusion of the action. The

request for final waiver of open costs shall include the attorney’s certification

that the attorney’s client signed an affidavit stating that the client does not

anticipate a material change in the financial information contained in the

client’s application for representation. The court shall consider the request at

the conclusion of the action in accordance with section (f) of this Rule.

(e) Waiver of Costs by Court

(1) Prepaid Costs

(A) Request for Waiver

An individual unable by reason of poverty to pay a prepaid cost and not

subject to a waiver under section (d) of this Rule may file a request for an order

waiving the prepayment of the prepaid cost. The request shall be accompanied

RULE 1-325

by (i) the pleading or paper sought to be filed; (ii) an affidavit substantially in

the form approved by the State Court Administrator, posted on the Judiciary

website, and available in the Clerks' offices; and (iii) if the individual is

represented by an attorney, the attorney's certification that, to the best of the

attorney's knowledge, information, and belief, there is good ground to support

the claim, application, or request for process and it is not interposed for any

improper purpose or delay.

Cross reference: See Rule 1-311 (b) and Rule 19-303.1 (3.1) of the Maryland

Attorneys’ Rules of Professional Conduct.

(B) Review by Court; Factors to be Considered

The court shall review the papers presented and may require the

individual to supplement or explain any of the matters set forth in the papers.

In determining whether to grant a prepayment waiver, the court shall consider:

(i) whether the individual has a family household income that qualifies

under the client income guidelines for the Maryland Legal Services Corporation

for the current year, which shall be posted on the Judiciary website; and

(ii) any other factor that may be relevant to the individual's ability to

pay the prepaid cost.

If the court finds that the party is unable by reason of poverty to pay the

prepaid cost and that the pleading or paper sought to be filed does not appear,

on its face, to be frivolous, it shall enter an order waiving prepayment of the

prepaid cost. In its order, the court shall state the basis for granting or

denying the request for waiver. If the court denies, in whole or in part, a

RULE 1-325

request for the waiver of its prepaid costs, it shall permit the party, within 10

days, to pay the unwaived prepaid cost. If, within that time, the party pays the

full amount of the unwaived prepaid costs, the pleading or paper shall be

deemed to have been filed on the date the request for waiver was filed. If the

unwaived prepaid costs are not paid in full within the time allowed, the

pleading or paper shall be deemed to have been withdrawn.

(2) Request for Waiver of Open Costs at Conclusion of Action

A request under subsection (e)(1) of this Rule may include a request for

final waiver of open costs at the conclusion of the action. The request shall

indicate in the affidavit required by subsection (e)(1) of this Rule that the

individual does not anticipate a material change in the information provided in

the affidavit. The court shall consider the request at the conclusion of the

action in accordance with section (f) of this Rule.

(f) Award of Costs at Conclusion of Action

(1) Generally

At the conclusion of an action, the court and the clerk shall allocate and

award costs as required or permitted by law.

Cross reference: See Rules 2-603, 3-603, 7-116, and Mattison v. Gelber, 202

Md. App. 44 (2011).

(2) Waiver

(A) Request

At the conclusion of an action, a party who otherwise did not request a

final waiver of open costs pursuant to subsection (d)(2) or (e)(2) of this Rule

may seek a final waiver of open costs, including any unpaid appearance fee, by

RULE 1-325

filing a request for the waiver, together with (i) an affidavit substantially in the

form prescribed by subsection (e)(1)(B) of this Rule, or (ii) if the party was

granted a waiver of prepayment of prepaid costs by court order pursuant to

section (e) of this Rule and remains unable to pay the costs, an affidavit that

recites the existence of the prior waiver and the party's continued inability to

pay by reason of poverty.

(B) Determination by Court

In an action under Title 9, Chapter 200 of these Rules or Title 10 of

these Rules, the court shall grant a final waiver of open costs if the

requirements of Rules 2-603 (e) or 10-107 (b), as applicable, are met. In all

other civil matters, the court may grant a final waiver of open costs if the party

against whom the costs are assessed is unable to pay them by reason of

poverty. The court may require a party who requested a final waiver of open

costs pursuant to subsection (d)(2) or (e)(2) of this Rule to file the supplemental

affidavit required by subsection (f)(2)(A)(ii) of this Rule an affidavit stating that

the party (i) was granted a prior waiver of prepaid costs in the action pursuant

to this Rule and (ii) remains unable to pay the costs by reason of poverty.

Source: This Rule is new.

RULE 1-332

MARYLAND RULES OF PROCEDURE

TITLE 1 – GENERAL PROVISIONS

CHAPTER 300 – GENERAL PROVISIONS

AMEND Rule 1-332 by retitling the Rule “Reasonable Accommodations

for Persons with Disabilities”; by re-titling section (a) as “Applicability” and

adding a statement of applicability; by adding new section letter (b) before

“Definitions”; by adding new subsection (b)(2) defining “Person with a

Disability” with a cross reference following the subsection; by adding new

subsection (b)(3) defining “Reasonable Accommodation”; by renumbering

current subsection (a)(2) as (b)(4); by re-lettering current section (b) as section

deleting the tagline of re-lettered subsection (c)(1) and replacing it with

“Generally”; by clarifying in re-lettered subsection (c)(1) who may request a

reasonable accommodation; by adding a Committee note following re-lettered

subsection (c)(1); by creating new subsection (c)(2) containing provisions from

current subsection (b)(1), with amendments; by adding a Committee note after

new subsection (c)(2); by adding new section (d) governing the procedure when

a reasonable accommodation is requested; by adding new subsection (d)(1) and

a Committee note pertaining to the authority to make an accommodation

determination; by adding new subsection (d)(2) and a Committee note

pertaining to the interactive process; by adding new subsection (d)(3) and a

Committee note pertaining to the factors for consideration; by re-lettering

current subsection (b)(2) as new subsection (d)(4) and modifying the tagline; by

RULE 1-332

adding a provision to new subsection (d)(4) referring to compliance with Rule 1333 (c); by deleting current subsection (b)(3); by adding new subsection (d)(5)

pertaining to notice of the court’s determination; by adding new section (e)

requiring publication of data on accommodation requests; and by making

stylistic changes, as follows:

Rule 1-332. ACCOMMODATION UNDER THE AMERICANS WITH

DISABILITIES ACT REASONABLE ACCOMMODATIONS FOR PERSONS WITH

DISABILITIES

(a) Applicability

This Rule applies to accommodations for persons with disabilities.

(b) Definitions

In this Rule, the following definitions apply except as otherwise expressly

provided or as necessary implication requires:

(1) ADA

“ADA” means the Americans with Disabilities Act, 42 U.S.C. § 12101, et

seq.

(2) Person with a Disability

“Person with a disability” means an individual with a disability who

meets the essential eligibility requirements for the receipt of services or the

participation in court services, programs, or activities, with or without

reasonable modifications to policies, practices, or procedures, the removal of

RULE 1-332

architectural, communication, or transportation barriers, or the provision of

auxiliary aids and services.

Cross reference: See 42 U.S.C. § 12131.

(3) Reasonable Accommodation

“Reasonable accommodation” means a measure necessary to provide a

person with a disability the opportunity to access a court service, program, or

activity in a manner consistent with State and federal law. A reasonable

accommodation may include, for example:

(A) a reasonable modification in policy, practice, or procedure;

(B) a reasonable modification to a deadline or time limit that Rule 1-204

permits to be modified but that does not alter a statutory deadline or a statute

of limitations;

these Rules;

(D) an auxiliary aid or service other than a personal device, including

equipment, that is made available without charge; and

Committee note: An auxiliary aid or service may include a qualified interpreter

or other effective method of making aurally delivered materials available to an

individual who is deaf or hard of hearing; a qualified reader, taped text, or

another effective method of making visually delivered materials available to an

individual who is blind or has low vision; acquisition or modification of

equipment or devices; and other similar services and actions. See 42 U.S.C. §

12103, 28 C.F.R. § 35.104, and 28 C.F.R. § 35.160.

(E) recognition of a supported decision-making arrangement entered

pursuant to Code, Estates and Trusts Article, Title 18.

(2)(4) Victim

RULE 1-332

“Victim” includes a victim's representative as defined in Code, Criminal

Procedure Article, § 11-104.

(b) Accommodation Under the ADA (c) Request for Reasonable

Accommodation

(1) Notification of Need for Accommodation Generally

A person An attorney, party, witness, victim, juror, prospective juror, or

member of the public requesting an a reasonable accommodation under the

ADA or other applicable Maryland or federal law for an attorney, a party, a

witness, a victim, a juror, or a prospective juror promptly shall notify the court

of the request.

Committee note: An individual authorized to act on behalf of the person with a

disability or with the permission of the person with a disability may request an

accommodation.

(2) Submission

To the extent practicable, a request for an a reasonable accommodation

shall be (1)(A) presented on a form approved by administrative order of the

Supreme Court the State Court Administrator, posted on the Judiciary website,

and available from the clerk of the court and on the Judiciary website and

(2)(B) submitted to the court not less than 30 days before the proceeding for

which the accommodation is requested. The request should include a case

number, if applicable, but need not be filed in a particular action or served on

any other party.

Committee note: This Rule does not impose a strict 30-day filing deadline and

recognizes that advance notice is not always practicable for all requests for

accommodation. Reasonable advance notice is required to the extent feasible

so that a court or staff can implement reasonable accommodations.

RULE 1-332

Insufficient advance notice may prevent the provision of a reasonable

accommodation.

(d) Determination of Request

(1) Authority to Determine

The court shall consider a reasonable accommodation request that

pertains to a motion before the court, the rescheduling of a case, or any other

matter that involves the administration of court proceedings or the substantive

rights of litigants. The court may approve the requested accommodation, deny

the requested accommodation, or offer an alternative accommodation. The

court may designate the ADA coordinator to consider and determine other

requests.

Committee note: Accommodation requests that may be considered and

determined administratively include requests that involve facilities, furniture,

and other available accommodations that do not involve substantive issues or

affect court procedure.

(2) Interactive Process

The court or designated ADA coordinator shall review the request and, if

appropriate, engage the requestor in an interactive process to determine a

reasonable accommodation.

Cross reference: See In the Matter of Chavis, 486 Md. 247 (2023), pertaining to

procedures and standards for evaluating a request for reasonable

accommodations under the ADA.

(3) Factors – Generally

In determining what, if any, accommodation to grant, the court or the

ADA coordinator shall:

RULE 1-332

(A) consider (i) the provisions of the ADA and applicable federal regulations

adopted under the ADA; (ii) Code, State Government Article, §§ 20-304 and 20901; (iii) Code, Courts Article, § 9-114; (iv) Code, Criminal Procedure Article, §§

1-202 and 3-103; and (v) other applicable Maryland and federal law;

(B) give primary consideration to the accommodation requested;

alteration of the nature of a court service, program, or activity or (ii) an undue

financial and administrative burden; and

(D) make the determination on an individual and case-specific basis, with

due regard to the nature of the disability and the feasibility of the requested

accommodation.

Committee note: In considering reasonable accommodations for a person with

a disability, the primary focus is on providing accommodations that enable the

individual to participate in or qualify for a program, service, or activity. The

focus must not be on the extent of the individual’s impairment.

(2)(4) Request for Sign Language Interpreter

The If the accommodation requested is the provision of a sign language

interpreter, the court shall determine whether a sign language interpreter is

needed in accordance with the requirements of the ADA;, Code, Courts Article,

§ 9-114;, and Code, Criminal Procedure Article, §§ 1-202 and 3-103. If the

request is granted, the court shall appoint a sign language interpreter in

accordance with Rule 1-333 (c).

(3) Provision of Accommodation

RULE 1-332

The court shall provide an accommodation if one is required under the

ADA. If the accommodation is the provision of a sign language interpreter, the

court shall appoint one in accordance with Rule 1 333 (c).

(5) Notification of Determination

The court or ADA coordinator promptly shall notify the requestor of its

accommodation determination. If a requested accommodation is denied, the

court or ADA coordinator shall specify the reason for the denial.

(e) Publication of Data on Accommodation Requests

Each court shall submit an annual report to the State Court

Administrator, without identifying information and in a manner that protects

the identities of those requesting accommodations, containing (1) data on the

number and types of reasonable accommodation requests submitted, (2) the

types of reasonable accommodations granted, and (3) the number of reasonable

accommodation requests denied. The State Court Administrator shall publish

a compilation of the data on the Judiciary website.

Source: This Rule is new.

RULE 2-705

MARYLAND RULES OF PROCEDURE

TITLE 2 – CIVIL PROCEDURE – CIRCUIT COURT

CHAPTER 700 – CLAIMS FOR ATTORNEYS’ FEES AND RELATED EXPENSES

AMEND Rule 2-705 by deleting an extraneous word in section (a), as

follows:

Rule 2-705. ATTORNEYS’ FEES TO A PREVAILING PARTY PURSUANT TO

CONTRACT

(a) Scope of Rule

This Rule applies to a claim for an award of attorneys' fees to attributable

to litigation in a circuit court pursuant to a contractual provision permitting an

award of attorneys' fees to the prevailing party in litigation arising out of the

contract. It does not apply to a claim for attorneys' fees allowed by contract as

an element of damages for breach of the contract or to a claim for attorneys'

fees authorized by statute or other law.

Cross reference: See Rules 2-703 and 2-704.

...

RULE 3-711

MARYLAND RULES OF PROCEDURE

TITLE 3 – CIVIL PROCEDURE – DISTRICT COURT

CHAPTER 700 – SPECIAL PROCEEDINGS

AMEND Rule 3-711 by creating section (a) consisting of the current

language of the Rule and by adding new section (b) pertaining to the required

notice of intent in an action for summary ejectment, as follows:

Rule 3-711. LANDLORD-TENANT AND GRANTEE ACTIONS

(a) Generally

Landlord-tenant and grantee actions shall be governed by (1) the

procedural provisions of all applicable general statutes, public local laws, and

municipal and county ordinances, and (2) unless inconsistent with the

applicable laws, the rules of this Title, except that no pretrial discovery under

Chapter 400 of this Title shall be permitted in a grantee action, or an action for

summary ejectment, wrongful detainer, or distress for rent, or an action

involving tenants holding over.

(b) Summary Ejectment – Required Notice of Intent

Before filing a complaint for summary ejectment pursuant to Code, Real

Property Article, § 8-401, the landlord shall provide to the tenant a written

notice of the landlord’s intent to file the complaint in accordance with Code,

Real Property Article, § 8-401(c). The notice shall be in the form approved by

the State Court Administrator, as posted on the Judiciary website and available

in the offices of the clerks of the District Court, including the portion of the

RULE 3-711

form that provides information pertaining to resources available to tenants and

landlords.

Source: This Rule is derived from former M.D.R. 1 b and 401 a. Section (b) is

new.

RULE 4-211

MARYLAND RULES OF PROCEDURE

TITLE 4 – CRIMINAL CAUSES

CHAPTER 200 – PRETRIAL PROCEDURES

AMEND Rule 4-211 by adding new section (e) pertaining to the identity of

a minor victim and by adding a cross reference following section (e), as follows:

Rule 4-211. FILING OF CHARGING DOCUMENT

(a) Citation

The original of a citation shall be filed in District Court promptly after its

issuance and service. Electronic data documenting the citation uploaded to

the District Court by or on behalf of the peace officer who issued the citation

shall be regarded as an original of the citation.

(b) Statement of Charges

(1) Before Any Arrest

Except as otherwise provided by statute, a judicial officer may file a

statement of charges in the District Court against a defendant who has not

been arrested for that offense upon written application containing an affidavit

showing probable cause that the defendant committed the offense charged. If

not executed by a peace officer, the affidavit shall be made and signed before a

judicial officer.

(2) After Arrest

When a defendant has been arrested without a warrant, unless an

information is filed in the District Court, the officer who has custody of the

RULE 4-211

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

the defendant in the District Court and (B) at the same time or as soon

thereafter as is practicable file an affidavit containing facts showing probable

cause that the defendant committed the offense charged.

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

concerning an application for a statement of charges against a law enforcement

officer, an educator, or a person within the definition of “emergency services

personnel” in that section for an offense allegedly committed in the course of

executing the person's duties.

A State's Attorney may file an information as permitted by Rule 4-201.

Committee note: Nothing in section (b) of this Rule precludes the filing of an

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

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

charging document after a statement of charges has been filed.

(d) Indictment

The circuit court shall file an indictment returned by a grand jury.

(e) Identity of Minor Victim

If a person responsible for filing a charging document with the court

pursuant to this Rule knows that the charging document contains the name of

or any other information that reasonably could be expected to identify a minor

victim, the person shall notify the clerk in writing of the presence of identifying

information in the document and where in the document that information is

contained.

Cross reference: See Code, Criminal Procedure Article, § 11-301.

Source: This Rule is derived as follows:

Section (a) is derived from the last clause of M.D.R. 720 i.

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

RULE 4-211

Section (c) is new.

Section (d) is new.

Section (e) is new.

RULE 4-213.1

MARYLAND RULES OF PROCEDURE

TITLE 4 – CRIMINAL CAUSES

CHAPTER 200 – PRETRIAL PROCEDURES

AMEND Rule 4-213.1 by correcting terminology in subsection (g)(1) and

by adding clarifying language to subsections (g)(1) and (g)(2), as follows:

Rule 4-213.1. APPOINTMENT, APPEARANCE, OR WAIVER OF ATTORNEY AT

INITIAL APPEARANCE

...

(g) Provisional and Limited Appearance

(1) Provisional Representation by Public Defender

Unless a District Court commissioner has made a final determination of

indigence and the Public Defender has entered a general appearance pursuant

to Rule 4-214, any appearance entered by the Public Defender at an initial

appearance shall be provisional, shall terminate automatically upon the

conclusion of that stage of the criminal action, and shall not commence the

time for setting a trial date pursuant to Rule 4-271. For purposes of this

section, eligibility for provisional representation shall be determined by a

District Court commission commissioner prior to or at the time of the

proceeding.

(2) Limited Appearance

Unless a general appearance has been entered pursuant to Rule 4-214, an

appearance by a court-appointed or privately retained attorney shall be limited

RULE 4-213.1

to the initial appearance before the judicial officer, and shall terminate

automatically upon the conclusion of that stage of the criminal action, and

shall not commence the time for setting a trial date pursuant to Rule 4-271.

(3) Inconsistency with Rule 4-214

Section (g) of this Rule prevails over any inconsistent provision in Rule 4214.

Committee note: The entry of a provisional or limited appearance in

accordance with this Rule does not constitute the entry of an appearance for

the purpose of bringing, prosecuting, or defending an action and does not

require the payment of a fee under Code, Courts Article, § 7-204.

Source: This Rule is new but is derived, in part, from amendments proposed to

Rule 4-216 in the 181st Report of the Standing Committee on Rules of Practice

and Procedure.

RULE 4-252

MARYLAND RULES OF PROCEDURE

TITLE 4 – CRIMINAL CAUSES

CHAPTER 200 – PRETRIAL PROCEDURES

AMEND Rule 4-252 by adding a cross reference following subsection

(a)(3), as follows:

Rule 4-252. MOTIONS IN CIRCUIT COURT

(a) Mandatory Motions

In the circuit court, the following matters shall be raised by motion in

conformity with this Rule and if not so raised are waived unless the court, for

good cause shown, orders otherwise:

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

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

jurisdiction in the court or its failure to charge an offense;

(3) An unlawful search, seizure, interception of wire or oral communication,

or pretrial identification;

Cross reference: See Code, Criminal Procedure Article, Title 2, Subtitle 5

regarding admissibility of results generated by facial recognition technology.

(4) An unlawfully obtained admission, statement, or confession; and

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

of a statement made by a child, including a child charged as an adult, during a

custodial interrogation.

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

...

RULE 4-262

MARYLAND RULES OF PROCEDURE

TITLE 4 – CRIMINAL CAUSES

CHAPTER 200 – PRETRIAL PROCEDURES

AMEND Rule 4-262 by adding a Committee note after subsection (c)(2);

by deleting the current tagline of subsection (d)(1); by creating new subsections

(d)(1) and (d)(2) with the language of current subsection (d)(1); by deleting the

tagline and stem language of current subsection (d)(2) requiring a defendant to

submit a written request to obtain certain disclosures; by renumbering

subsections (d)(2)(A) though (d)(2)(F) as subsections (d)(3) through (d)(8),

respectively; by adding new subsection (d)(6) pertaining to facial recognition

technology; by adding clarifying language and deleting language referring to

discovery requests in section (i); by adding new language to section (n)

concerning sanctions; and by making stylistic changes, as follows:

Rule 4-262. DISCOVERY IN DISTRICT COURT

(a) Applicability

This Rule governs discovery and inspection in the District Court.

Discovery is available in the District Court in actions that are punishable by

imprisonment.

Committee note: This Rule also governs discovery in actions transferred from

District Court to circuit court upon a jury trial demand made in accordance

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

(b) Definitions

RULE 4-262

In this Rule, the terms “defense,” “defense witness,” “oral statement,”

“provide,” “State's witness,” and “written statement” have the meanings stated

in Rule 4-263 (b).

Cross reference: For the definition of “State's Attorney,” see Rule 4-102 (l).

(1) Due Diligence

The State's Attorney and defense shall exercise due diligence to identify all

of the material and information that must be disclosed under this Rule.

(2) Scope of Obligations

The obligations of the State's Attorney and the defense extend to material

and information that must be disclosed under this Rule and that are in the

possession or control of the attorney, members of the attorney's staff, or any

other person who either reports regularly to the attorney's office or has

reported to the attorney's office in regard to the particular case.

Committee note: In many jurisdictions, the State complies with discovery

requirements imposed under Rules 4-262 and 4-263 through “open file”

discovery. While, in appropriate cases, “open file” discovery may satisfy the

State’s discovery obligation, the full scope of discovery may require provision of

additional discovery material beyond that contained in the “open file,” as

expressly outlined in Rules 4-262 (c) and 4-263 (c).

Cross reference: For the obligations of the State's Attorney, see State v.

Williams, 392 Md. 194 (2006).

(d) Disclosure by the State's Attorney

(1) Without Request

Without the necessity of a request, the State's Attorney shall provide to

the defense:

RULE 4-262

(1) Exculpatory Information

all All material or information in any form, whether or not admissible,

that tends to exculpate the defendant or negate or mitigate the defendant's

guilt or punishment as to the offense charged;

(2) Impeachment Information

and all All material or information in any form, whether or not admissible,

that tends to impeach a State's witness.;

Cross reference: See Brady v. Maryland, 373 U.S. 83 (1963); Kyles v. Whitley,

514 U.S. 419 (1995); Giglio v. U.S., 405 U.S. 150 (1972); U.S. v. Agurs, 427 U.S.

97 (1976); Thomas v. State, 372 Md. 342 (2002); Goldsmith v. State, 337 Md.

112 (1995); and Lyba v. State, 321 Md. 564 (1991).

(2) On Request

On written request of the defense, the State's Attorney shall provide to the

defense:

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

All written and all oral statements of the defendant and of any codefendant that relate to the offense charged and all material and information,

including documents and recordings, that relate to the acquisition of such

statements;

(B)(4) Written Statements, Identity, and Telephone Numbers of State's

Witnesses

As to each State's witness the State's Attorney intends to call to prove

the State's case in chief or to rebut alibi testimony: (i)(A) the name of the

witness; (ii)(B) except as provided under Code, Criminal Procedure Article, § 11205 or Rule 16-934, the address and, if known to the State's Attorney, the

RULE 4-262

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

relating to the offense charged that are in a writing signed or adopted by the

witness or are in a police or investigative report;

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

All relevant material or information regarding:

(i)(A) specific searches and seizures, eavesdropping, or electronic

surveillance including wiretaps; and

(ii)(B) pretrial identification of the defendant by a State's witness;

Committee note: In addition to disclosure of a pretrial identification of a

defendant by a State's witness, in some cases, disclosure of a pretrial

identification of a co-defendant by a State's witness also may be required. See

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

(6) Facial Recognition Technology

Information regarding the use or nonuse of facial recognition technology,

as required by Code, Criminal Procedure Article, § 2-504;

(D)(7) Reports or Statements of Experts

As to each State's witness the State's Attorney intends to call to testify as

an expert witness other than at a preliminary hearing:

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

expert is expected to testify, the substance of the expert's findings and

opinions, and a summary of the grounds for each opinion;

(ii)(B) the opportunity to inspect and copy all written reports or statements

made in connection with the action by the expert, including the results of any

physical or mental examination, scientific test, experiment, or comparison; and

(iii)(C) the substance of any oral report and conclusion by the expert;

RULE 4-262

(E)(8) Evidence for Use at Trial

The opportunity to inspect, copy, and photograph all documents,

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

photographs, or other tangible things that the State's Attorney intends to use

at a hearing or at trial; and

(F)(9) Property of the Defendant

The opportunity to inspect, copy, and photograph all items obtained

from or belonging to the defendant, whether or not the State's Attorney intends

to use the item at a hearing or at trial.

(e) Disclosure by Defense

On written request of the State's Attorney, the defense shall provide to the

State's Attorney:

(1) Reports or Statements of Experts

As to each defense witness the defense intends to call to testify as an

expert witness:

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

is expected to testify, the substance of the findings and the opinions to which

the expert is expected to testify, and a summary of the grounds for each

opinion;

(B) the opportunity to inspect and copy all written reports or statements

made in connection with the action by the expert, including the results of any

physical or mental examination, scientific test, experiment, or comparison; and

RULE 4-262

(2) Defense of Duress

Notice of an intention to rely on a defense of duress pursuant to Code,

Criminal Law Article, § 11-306(c).

(3) Documents, Computer-Generated Evidence, and Other Things

The opportunity to inspect, copy, and photograph any documents,

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

photographs, or other tangible things that the defense intends to use at a

hearing or at trial.

(f) Person of the Defendant

(1) On Request

On written request of the State's Attorney that includes reasonable notice

of the time and place, the defendant shall appear for the purpose of:

(A) providing fingerprints, photographs, handwriting exemplars, or voice

exemplars;

(B) appearing, moving, or speaking for identification in a lineup; or

(2) On Motion

On motion filed by the State's Attorney, with reasonable notice to the

defense, the court, for good cause shown, shall order the defendant to appear

and (A) permit the taking of buccal samples, samples of other materials of the

body, or specimens of blood, urine, saliva, breath, hair, nails, or material under

the nails or (B) submit to a reasonable physical or mental examination.

(g) Matters Not Discoverable

RULE 4-262

(1) By Any Party

Notwithstanding any other provision of this Rule, neither the State's

Attorney nor the defense is required to disclose (A) the mental impressions,

trial strategy, personal beliefs, or other privileged attorney work product or (B)

any other material or information if the court finds that its disclosure is not

constitutionally required and would entail a substantial risk of harm to any

person that outweighs the interest in disclosure.

(2) By the Defense

The State's Attorney is not required to disclose the identity of a

confidential informant unless the State's Attorney intends to call the informant

as a State's witness or unless the failure to disclose the informant's identity

would infringe a constitutional right of the defendant.

(h) Continuing Duty to Disclose

Each party is under a continuing obligation to produce discoverable

material and information to the other side. A party who has responded to a

request or order for discovery and who obtains further material information

shall supplement the response promptly.

(i) Procedure

To the extent practicable, the discovery and inspection required or

permitted by this Rule shall be completed before the hearing or trial date,

except that asserting a defense pursuant to subsection (e)(2) of this Rule shall

be made at least 10 days before the trial. If a request was made before the date

of the hearing or trial and the request was refused or denied, or pretrial

RULE 4-262

compliance was impracticable If compliance was refused, denied, or

impracticable, the court may grant a delay or continuance in the hearing or

trial to permit the inspection or discovery.

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

Requests for discovery, motions for discovery, and any responses to the

requests or motions shall be filed with the court.

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

Except as otherwise provided in these Rules or by order of court, discovery

material shall not be filed with the court. This section does not preclude the

use of discovery material at trial or as an exhibit to support or oppose a

motion.

(l) Retention; Inspection of Original

The party generating discovery material shall retain the original until the

expiration of any sentence imposed on the defendant and, on request, shall

make the original available for inspection and copying by the other party.

(m) Protective Orders

On motion of a party, a person from whom discovery is sought, or a person

named or depicted in an item sought to be discovered, the court, for good cause

shown, may order that specified disclosures be denied or restricted in any

manner that justice requires.

(n) Failure to Comply With Discovery Obligation

If at any time during the proceedings the court finds that a party has failed

to comply with this Rule or an order issued pursuant to this Rule, the court

RULE 4-262

may order that party to permit the discovery of the matters not previously

disclosed, strike any or all testimony to which the undisclosed matter relates,

grant a reasonable continuance, prohibit the party from introducing in

evidence the matter not disclosed, grant a mistrial, or enter any other order

appropriate under the circumstances. The failure of a party to comply with a

discovery obligation in this Rule does not automatically disqualify a witness

from testifying. If a motion is filed to disqualify the witness's testimony,

disqualification is within the discretion of the court.

Source: This Rule is new.

RULE 4-263

MARYLAND RULES OF PROCEDURE

TITLE 4 – CRIMINAL CAUSES

CHAPTER 200 – PRETRIAL PROCEDURES

AMEND Rule 4-263 by adding a Committee note after subsection (c)(2),

by deleting the cross reference after subsection (d)(6), by adding subsection

(d)(11) addressing disclosures concerning in-custody witness testimony, by

adding new subsection (d)(12) pertaining to facial recognition technology, by

adding a cross reference after new subsection (d)(11), by replacing the word

“the” with the phrase “any or all” in section (n), by deleting a Committee note at

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

Rule 4-263. DISCOVERY IN CIRCUIT COURT

...

(1) Due Diligence

The State's Attorney and defense shall exercise due diligence to identify all

of the material and information that must be disclosed under this Rule.

(2) Scope of Obligations

The obligations of the State's Attorney and the defense extend to material

and information that must be disclosed under this Rule and that are in the

possession or control of the attorney, members of the attorney's staff, or any

other person who either reports regularly to the attorney's office or has

reported to the attorney's office in regard to the particular case.

RULE 4-263

Committee note: In many jurisdictions, the State complies with discovery

requirements imposed under Rules 4-262 and 4-263 through “open file”

discovery. While, in appropriate cases, “open file” discovery may satisfy the

State’s discovery obligation, the full scope of discovery may require provision of

additional discovery material beyond that contained in the “open file,” as

expressly outlined in Rules 4-262 (c) and 4-263 (c).

Cross reference: For the obligations of the State's Attorney, see State v.

Williams, 392 Md. 194 (2006).

(d) Disclosure by the State's Attorney

Without the necessity of a request, the State's Attorney shall provide to the

defense:

(1) Statements

All written and all oral statements of the defendant and of any codefendant that relate to the offense charged and all material and information,

including documents and recordings, that relate to the acquisition of such

statements;

(2) Criminal Record

Prior criminal convictions, pending charges, and probationary status of

the defendant and of any co-defendant;

(3) State's Witnesses

As to each State's witness the State's Attorney intends to call to prove the

State's case in chief or to rebut alibi testimony: (A) the name of the witness; (B)

except as provided under Code, Criminal Procedure Article, § 11-205 or Rule

16-912 (b), the address and, if known to the State's Attorney, the telephone

number of the witness; and (C) all written statements of the witness that relate

to the offense charged;

RULE 4-263

(4) Prior Conduct

All evidence of other crimes, wrongs, or acts committed by the defendant

that the State's Attorney intends to offer at a hearing or at trial pursuant to

Rule 5-404 (b);

(5) Exculpatory Information

All material or information in any form, whether or not admissible, that

tends to exculpate the defendant or negate or mitigate the defendant's guilt or

punishment as to the offense charged;

(6) Impeachment Information

All material or information in any form, whether or not admissible, that

tends to impeach a State's witness, including:

(A) evidence of prior conduct to show the character of the witness for

untruthfulness pursuant to Rule 5-608 (b);

(B) a relationship between the State's Attorney and the witness, including

the nature and circumstances of any agreement, understanding, or

representation that may constitute an inducement for the cooperation or

testimony of the witness;

Cross reference: For the requirement to disclose a “benefit” to an “in custody

witness,” see Code, Courts Article, § 10 924.

may be used to impeach the witness, but the State's Attorney is not required to

investigate the criminal record of the witness unless the State's Attorney knows

or has reason to believe that the witness has a criminal record;

RULE 4-263

(D) an oral statement of the witness, not otherwise memorialized, that is

materially inconsistent with another statement made by the witness or with a

statement made by another witness;

(E) a medical or psychiatric condition or addiction of the witness that may

impair the witness's ability to testify truthfully or accurately, but the State's

Attorney is not required to inquire into a witness's medical, psychiatric, or

addiction history or status unless the State's Attorney has information that

reasonably would lead to a belief that an inquiry would result in discovering a

condition that may impair the witness's ability to testify truthfully or

accurately;

(F) the fact that the witness has taken but did not pass a polygraph

examination; and

(G) the failure of the witness to identify the defendant or a co-defendant;

Cross reference: See Brady v. Maryland, 373 U.S. 83 (1963); Kyles v. Whitley,

514 U.S. 419 (1995); Giglio v. U.S., 405 U.S. 150 (1972); U.S. v. Agurs, 427 U.S.

97 (1976); Thomas v. State, 372 Md. 342 (2002); Goldsmith v. State, 337 Md.

112 (1995); and Lyba v. State, 321 Md. 564 (1991).

(7) Searches, Seizures, Surveillance, and Pretrial Identification

All relevant material or information regarding:

(A) specific searches and seizures, eavesdropping, and electronic

surveillance including wiretaps; and

(B) pretrial identification of the defendant by a State's witness including, if

the pretrial identification involved participation by personnel from a law

enforcement agency, (i) a copy of or an electronic link to the written policies

relating to eyewitness identification required by Code, Public Safety Article,

RULE 4-263

§§ 3-506 and 3-506.1, and (ii) documents or other evidence indicating

compliance or non-compliance with the requirements of Code, Public Safety

Article, §§ 3-506 and 3-506.1;

Committee note: In addition to disclosure of a pretrial identification of a

defendant by a State's witness, in some cases, disclosure of a pretrial

identification of a co-defendant by a State's witness also may be required. See

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

(8) Reports or Statements of Experts

As to each expert consulted by the State's Attorney in connection with the

action:

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

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

grounds for each opinion;

(B) the opportunity to inspect and copy all written reports or statements

made in connection with the action by the expert, including the results of any

physical or mental examination, scientific test, experiment, or comparison; and

(9) Evidence for Use at Trial

The opportunity to inspect, copy, and photograph all documents,

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

photographs, or other tangible things that the State's Attorney intends to use

at a hearing or at trial; and

(10) Property of the Defendant

RULE 4-263

The opportunity to inspect, copy, and photograph all items obtained from

or belonging to the defendant, whether or not the State's Attorney intends to

use the item at a hearing or at trial.;

(11) In-custody Witness Testimony

If the State’s Attorney intends to introduce testimony of an in-custody

witness:

(A) any benefits an in-custody witness has received, or expects to receive, in

exchange for providing testimony;

(B) the substance, time, and place of any statement (i) allegedly made by a

suspect or defendant to the in-custody witness or (ii) made by an in-custody

witness to law enforcement implicating the suspect or defendant; and

testimony can be ascertained through reasonable inquiry, and whether the incustody witness received a benefit in exchange for providing testimony in those

other cases; and

Cross reference: See Rule 4-268 concerning pre-trial hearings prior to the

admission of in-custody witness testimony.

(12) Facial Recognition Technology

Information regarding the use or nonuse of facial recognition technology,

as required by Code, Criminal Procedure Article, § 2-504.

(e) Disclosure by Defense

Without the necessity of a request, the defense shall provide to the State's

Attorney:

(1) Defense Witness

RULE 4-263

The name and, except when the witness declines permission, the address

of each defense witness other than the defendant, together with all written

statements of each such witness that relate to the subject matter of the

testimony of that witness. Disclosure of the identity and statements of a

person who will be called for the sole purpose of impeaching a State's witness

is not required until after the State's witness has testified at trial.

(2) Reports or Statements of Experts

As to each defense witness the defense intends to call to testify as an

expert witness:

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

is expected to testify, the substance of the findings and the opinions to which

the expert is expected to testify, and a summary of the grounds for each

opinion;

(B) the opportunity to inspect and copy all written reports or statements

made in connection with the action by the expert, including the results of any

physical or mental examination, scientific test, experiment, or comparison; and

(3) Character Witnesses

As to each defense witness the defense intends to call to testify as to the

defendant's veracity or other relevant character trait, the name and, except

when the witness declines permission, the address of that witness;

(4) Alibi Witnesses

RULE 4-263

If the State's Attorney has designated the time, place, and date of the

alleged offense, the name and, except when the witness declines permission,

the address of each person other than the defendant whom the defense intends

to call as a witness to show that the defendant was not present at the time,

place, or date designated by the State's Attorney;

(5) Insanity Defense

Notice of any intention to rely on a defense of not criminally responsible

by reason of insanity, and the name and, except when the witness declines

permission, the address of each defense witness other than the defendant in

support of that defense; and

Committee note: The address of an expert witness must be provided. See

subsection (e)(2)(A) of this Rule.

(6) Defense of Duress

Notice of an intention to rely on a defense of duress pursuant to Code,

Criminal Law Article, § 11-306(c).

(7) Documents, Computer-Generated Evidence, and Other Things

The opportunity to inspect, copy, and photograph any documents,

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

photographs, or other tangible things that the defense intends to use at a

hearing or at trial.

(f) Person of the Defendant

(1) On Request

On request of the State's Attorney that includes reasonable notice of the

time and place, the defendant shall appear for the purpose of:

RULE 4-263

(A) providing fingerprints, photographs, handwriting exemplars, or voice

exemplars;

(B) appearing, moving, or speaking for identification in a lineup; or

(2) On Motion

On motion filed by the State's Attorney, with reasonable notice to the

defense, the court, for good cause shown, shall order the defendant to appear

and (A) permit the taking of buccal samples, samples of other materials of the

body, or specimens of blood, urine, saliva, breath, hair, nails, or material under

the nails or (B) submit to a reasonable physical or mental examination.

(g) Matters Not Discoverable

(1) By Any Party

Notwithstanding any other provision of this Rule, neither the State's

Attorney nor the defense is required to disclose (A) the mental impressions,

trial strategy, personal beliefs, or other privileged attorney work product or (B)

any other material or information if the court finds that its disclosure is not

constitutionally required and would entail a substantial risk of harm to any

person that outweighs the interest in disclosure.

(2) By the Defense

The State's Attorney is not required to disclose the identity of a

confidential informant unless the State's Attorney intends to call the informant

as a State's witness or unless the failure to disclose the informant's identity

would infringe a constitutional right of the defendant.

RULE 4-263

(h) Time for Discovery

Unless the court orders otherwise:

(1) the State's Attorney shall make disclosure pursuant to section (d) of this

Rule within 30 days after the earlier of the appearance of counsel or the first

appearance of the defendant before the court pursuant to Rule 4-213 (c), and

(2) the defense shall make disclosure pursuant to section (e) of this Rule no

later than 30 days before the first scheduled trial date, except that asserting a

defense pursuant to subsection (e)(6) of this Rule shall be made at least 10

days before the first scheduled trial date.

(i) Motion to Compel Discovery

(1) Time

A motion to compel discovery based on the failure to provide discovery

within the time required by section (h) of this Rule shall be filed within ten days

after the date the discovery was due. A motion to compel based on inadequate

discovery shall be filed within ten days after the date the discovery was

received.

(2) Content

A motion shall specifically describe the information or material that has

not been provided.

(3) Response

A response may be filed within five days after service of the motion.

(4) Certificate

RULE 4-263

The court need not consider any motion to compel discovery unless the

moving party has filed a certificate describing good faith attempts to discuss

with the opposing party the resolution of the dispute and certifying that they

are unable to reach agreement on the disputed issues. The certificate shall

include the date, time, and circumstances of each discussion or attempted

discussion.

(j) Continuing Duty to Disclose

Each party is under a continuing obligation to produce discoverable

material and information to the other side. A party who has responded to a

request or order for discovery and who obtains further material information

shall supplement the response promptly.

(k) Manner of Providing Discovery

(1) By Agreement

Discovery may be accomplished in any manner mutually agreeable to the

parties. The parties shall file with the court a statement of their agreement.

(2) If No Agreement

In the absence of an agreement, the party generating the discovery

material shall (A) serve on the other party copies of all written discovery

material, together with a list of discovery materials in other forms and a

statement of the time and place when these materials may be inspected,

copied, and photographed, and (B) promptly file with the court a notice that (i)

reasonably identifies the information provided and (ii) states the date and

RULE 4-263

manner of service. On request, the party generating the discovery material

shall make the original available for inspection and copying by the other party.

(3) Requests, Motions, and Responses to Be Filed With the Court

Requests for discovery, motions for discovery, motions to compel

discovery, and any responses to the requests or motions shall be filed with the

court.

(4) Discovery Material Not to Be Filed With the Court

Except as otherwise provided in these Rules or by order of court,

discovery material shall not be filed with the court. This section does not

preclude the use of discovery material at trial or as an exhibit to support or

oppose a motion.

(l) Retention

The party generating discovery material shall retain the original until the

earlier of the expiration of (i) any sentence imposed on the defendant or (ii) the

retention period that the material would have been retained under the

applicable records retention and disposal schedule had the material been filed

with the court.

(m) Protective Orders

(1) Generally

On motion of a party, a person from whom discovery is sought, or a

person named or depicted in an item sought to be discovered, the court, for

good cause shown, may order that specified disclosures be denied or restricted

in any manner that justice requires.

RULE 4-263

(2) In Camera Proceedings

On request of party, or a person from whom discovery is sought, or a

person named or depicted in an item sought to be discovered, the court may

permit any showing of cause for denial or restriction of disclosures to be made

in camera. A record shall be made of both in court and in camera proceedings.

Upon the entry of an order granting relief in an in camera proceeding, all

confidential portions of the in camera portion of the proceeding shall be sealed,

preserved in the records of the court, and made available to the appellate court

in the event of an appeal.

(n) Sanctions

If at any time during the proceedings the court finds that a party has failed

to comply with this Rule or an order issued pursuant to this Rule, the court

may order that party to permit the discovery of the matters not previously

disclosed, strike the any or all testimony to which the undisclosed matter

relates, grant a reasonable continuance, prohibit the party from introducing in

evidence the matter not disclosed, grant a mistrial, or enter any other order

appropriate under the circumstances. The failure of a party to comply with a

discovery obligation in this Rule does not automatically disqualify a witness

from testifying. If a motion is filed to disqualify the witness's testimony,

disqualification is within the discretion of the court.

Committee note: When testimony of an in custody witness is offered, the

Court, at the request of a defendant, shall conduct a hearing to ensure that the

State's Attorney has disclosed all material and information related to the in

custody witness as required by law. See Code, Courts Article, § 10 924.

RULE 4-263

Source: This Rule is new and is derived in part from former Rule 741 and the

1998 version of former Rule 4-263.

RULE 4-268

MARYLAND RULES OF PROCEDURE

TITLE 4 – CRIMINAL CAUSES

CHAPTER 200 – PRETRIAL PROCEDURES

ADD new Rule 4-268, as follows:

Rule 4-268. PRE-TRIAL HEARING PRIOR TO ADMISSION OF IN-CUSTODY

WITNESS TESTIMONY

At the request of the defendant, the court shall conduct a hearing prior to

admitting the testimony of an in-custody witness to determine whether the

State's Attorney has disclosed all material and information related to the incustody witness as required by law.

Cross reference: See Rule 4-263 and Code, Courts Article, § 10-924.

Source: This Rule is new.

RULE 4-271

MARYLAND RULES OF PROCEDURE

TITLE 4 – CRIMINAL CAUSES

CHAPTER 200 – PRETRIAL PROCEDURES

AMEND Rule 4-271 by adding clarifying language to section (a), as

follows:

Rule 4-271. TRIAL DATE

(a) Trial Date in Circuit Court

(1) The date for trial in the circuit court shall be set within 30 days after the

earlier of the appearance of counsel pursuant to Rule 4-214 or the first

appearance of the defendant before the circuit court pursuant to Rule 4-213,

and shall be not later than 180 days after the earlier of those events. When a

case has been transferred from the District Court because of a demand for jury

trial, and an appearance of counsel entered in the District Court was

automatically entered in the circuit court pursuant to Rule 4-214 (a), the date

of the appearance of counsel for purposes of this Rule is the date the case was

docketed in the circuit court. On motion of a party, or on the court's initiative,

and for good cause shown, the county administrative judge or that judge's

designee may grant a change of a circuit court trial date. If a circuit court trial

date is changed, any subsequent changes of the trial date may be made only by

the county administrative judge or that judge's designee for good cause shown.

Cross reference: See Code, Criminal Procedure Article, § 6-103; see also

Jackson v. State, 485 Md. 1 (2023).

RULE 4-271

(2) Upon a finding by the Chief Justice of the Supreme Court that the

number of demands for jury trial filed in the District Court for a county is

having a critical impact on the efficient operation of the circuit court for that

county, the Chief Justice, by Administrative Order, may exempt from this

section cases transferred to that circuit court from the District Court because

of a demand for jury trial.

(b) Change of Trial Date in District Court

The date for trial in the District Court may be changed on motion of a

party, or on the court's initiative, and for good cause shown.

Committee note: Subsection (a)(1) of this Rule is intended to incorporate and

continue the provisions of Rule 746 from which it is derived. Stylistic changes

have been made.

Source: This Rule is derived as follows:

Section (a) is in part derived from former Rule 746 a and b, and is in part new.

Section (b) is derived from former M.D.R. 746.

RULE 4-314

MARYLAND RULES OF PROCEDURE

TITLE 4 – CRIMINAL CAUSES

CHAPTER 300 – TRIAL AND SENTENCING

AMEND Rule 4-314 by updating terminology in subsection (b)(6), as

follows:

Rule 4-314. DEFENSE OF NOT CRIMINALLY RESPONSIBLE

...

(b) Procedure for Bifurcated Trial

...

(6) Order of Proof

(A) Evidence of mental disorder or mental retardation intellectual disability

as defined in Code, Criminal Procedure Article, § 3-109 shall not be admissible

in the guilt stage of the trial for the purpose of establishing the defense of lack

of criminal responsibility. This evidence shall be admissible for that purpose

only in the second stage following a verdict of guilty.

...

RULE 5-606

MARYLAND RULES OF PROCEDURE

TITLE 5 – EVIDENCE

CHAPTER 600 – WITNESSES

AMEND Rule 5-606 by adding clarifying language to subsection (b)(1), by

adding new subsection (b)(2), by adding a cross reference after new subsection

(b)(2), and by renumbering subsequent subsections, as follows:

Rule 5-606. COMPETENCY OF JUROR AS WITNESS

(a) At the Trial

A member of a jury may not testify as a witness before that jury in the trial

of the case in which the sworn juror is sitting. If the sworn juror is called to

testify, the opposing party shall be afforded an opportunity to object out of the

presence of the jury.

(b) Inquiry Into Validity of Verdict

(1) In Except as provided in subsection (b)(2) of this Rule, in any inquiry into

the validity of a verdict, a sworn juror may not testify as to (A) any matter or

statement occurring during the course of the jury's deliberations, (B) the effect

of anything upon that or any other sworn juror's mind or emotions as

influencing the sworn juror to assent or dissent from the verdict, or (C) the

sworn juror's mental processes in connection with the verdict.

(2) In any inquiry into the validity of a verdict, a sworn juror may testify as to

a clear statement made by a juror indicating that the juror relied on a racial or

other unconstitutional stereotype or animus.

RULE 5-606

Cross reference: See Peña–Rodriguez v. Colorado, 580 U.S. 206 (2017).

(2)(3) A sworn juror's affidavit or evidence of any statement by the juror

concerning a matter about which the juror would be precluded from testifying

may not be received for these purposes.

(3)(4) Notes made under Rule 2-521 (a) or Rule 4-326 (a) may not be used to

impeach a verdict.

For purposes of this Rule, “verdict” means a verdict returned by a trial

jury.

Committee note: This Rule does not address or affect the secrecy of grand jury

proceedings.

Source: This Rule is derived in part from F.R.Ev. 606.

RULE 6-209

MARYLAND RULES OF PROCEDURE

TITLE 6 – SETTLEMENT OF DECEDENTS’ ESTATES

CHAPTER 200 – SMALL ESTATE

AMEND Rule 6-209 by updating the language in the form notice in

section (a) pertaining to objection to the appointment, as follows:

Rule 6-209. NOTICE OF APPOINTMENT

(a) Notice

When notice of appointment is required to be published by the order of

the register, the personal representative shall file the notice in duplicate in the

following form:

(FILE IN DUPLICATE)

______________________________________________________________________________

(name and address of attorney)

SMALL ESTATE

NOTICE OF APPOINTMENT

Estate No. ____________________________________________

NOTICE TO CREDITORS

NOTICE TO UNKNOWN HEIRS

TO ALL PERSONS INTERESTED IN THE ESTATE OF _________________________.

Notice is given that __________ (name & address) was on __________ (date)

appointed personal representative of the small estate of __________ who died on

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

RULE 6-209

Further information can be obtained by reviewing the estate file in the office of

the Register of Wills or by contacting the personal representative or the

attorney.

All interested persons or unpaid claimants having any objection to the

appointment shall file their objections with the Register of Wills within 30 days

after the date of publication of this notice. All persons having an objection to

the probate of the will shall file their objections with the Register of Wills within

six months after the date of publication of this Notice.

All persons having claims against the decedent must serve their claims on the

undersigned personal representative or file them with the Register of Wills with

a copy to the undersigned on or before the earlier of the following dates:

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

(2) Thirty days after the personal representative mails or otherwise delivers to

the creditor a copy of this published notice or other written notice, notifying the

creditor that the claims will be barred unless the creditor presents the claim

within thirty days from the mailing or other delivery of the notice. Any claim

not served or filed within that time, or any extension provided by law, is

unenforceable thereafter.

_______________________________________________________________

Personal Representative(s)

True Test Copy

Name and Address of Register of Wills for ____________________________________

_____________________________________________________________________________

Name of newspaper designated by personal representative ____________________

_____________________________________________________________________________

(b) Modification of Form

If the initial appointment is made under judicial probate, this form may

be modified to delete reference to the notice of the right to object to the

appointment of the personal representative or to the probate of the decedent's

will, as applicable.

RULE 6-209

The register shall cause the notice to be published once in a newspaper of

general circulation in the county of appointment.

(d) Certificate of Publication

Within 60 days after publication, the personal representative shall cause

to be filed with the register a certification that the required newspaper notice

has been published.

Cross reference: Code, Estates and Trusts Article, §§ 7-103 and 5-604(b); Rule

6-401.

RULE 6-311

MARYLAND RULES OF PROCEDURE

TITLE 6 – SETTLEMENT OF DECEDENTS’ ESTATES

CHAPTER 300 – OPENING ESTATES

AMEND Rule 6-311 by replacing certain language in the form notice in

section (a) pertaining to objection to the appointment, as follows:

Rule 6-311. NOTICE OF APPOINTMENT

(a) Notice

The petitioner shall file with the register, in duplicate, a notice of

appointment in the following form:

(FILE IN DUPLICATE)

______________________________________________________________________________

(name and address of attorney)

NOTICE OF APPOINTMENT

NOTICE TO CREDITORS

NOTICE TO UNKNOWN HEIRS

Estate No. ____________________________________________

TO ALL PERSONS INTERESTED IN THE ESTATE OF _________________________.

Notice is given that __________ (name & address) was on __________ (date)

appointed personal representative of the estate of __________ who died on

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

Further information can be obtained by reviewing the estate file in the office of

the Register of Wills or by contacting the personal representative or the

attorney.

RULE 6-311

All persons having any objection to the appointment (or to the probate of the

decedent's will) shall file their objections with the Register of Wills on or before

the ___ day of __________ (6 months from date of appointment), __________

(year).

All interested persons or unpaid claimants having any objection to the

appointment of the personal representative shall file their objection with the

day of

(6 months from date of

appointment),

(year).

All persons having any objection to the probate of the will of the decedent shall

file their objections with the Register of Wills on or before the

day of

(6 months from date of appointment),

(year).

Any person having a claim against the decedent must present the claim to the

undersigned personal representative or file it with the Register of Wills with a

copy to the undersigned on or before the earlier of the following dates:

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

(2) Two months after the personal representative mails or otherwise delivers to

the creditor a copy of this published notice or other written notice, notifying the

creditor that the claim will be barred unless the creditor presents the claims

within two months from the mailing or other delivery of the notice. A claim not

presented or filed on or before that date, or any extension provided by law, is

unenforceable thereafter. Claim forms may be obtained from the Register of

Wills.

_______________________________________________________________

Personal Representative(s)

_______________________________________________________________

True Test Copy

Name and Address of Register of Wills for ____________________________________

_____________________________________________________________________________

Name of newspaper designated by personal representative ____________________

_____________________________________________________________________________

(b) Modification of Form

RULE 6-311

If the initial appointment is made under judicial probate, this form may

be modified to delete reference to the notice of the right to object to the

appointment of the personal representative or to the probate of the decedent's

will, as applicable. If there was a prior small estate proceeding, the form shall

be modified to state that fact. If the initial appointment was made more than

six months after the decedent's death, the form may be modified to eliminate

the reference to persons having a claim against the estate.

Cross reference: Code, Estates and Trusts Article, §§ 7-103 and 8-104; Rule 6401.

RULE 9-202.1

MARYLAND RULES OF PROCEDURE

TITLE 9 – FAMILY LAW ACTIONS

CHAPTER 200 – DIVORCE, ANNULMENT, ALIMONY, CHILD SUPPORT, AND

CHILD CUSTODY

ADD new Rule 9-202.1, as follows:

Rule 9-202.1. CHILD SUPPORT MODIFICATION

(a) Applicability

This Rule applies to a motion to modify child support pursuant to Code,

Family Law Article, § 12-104 that is filed more than 30 days after entry of an

order by a Maryland court establishing or modifying child support. It does not

apply to modification of a support order or income withholding order issued in

another state or a foreign support order registered in this State.

Cross reference: See Code, Family Law Article, Title 10, Subtitle 3, Part VI,

Subpart C pertaining to registration and modification of a child support order

of another state.

(b) Form of Motion

The motion shall be substantially in the form approved by the State Court

Administrator, posted on the Judiciary website, and available in the clerks’

offices.

Pursuant to Rule 1-321 (e), the clerk shall issue a summons to be served

with the motion.

(d) Service

RULE 9-202.1

(1) On Non-Moving Party

Except as otherwise provided in section (e) of this Rule, the summons

and the motion shall be served on the non-moving party in accordance with

Rule 2-121 (a).

(2) On Child Support Administration

If the Child Support Administration is charged with collecting child

support in the action, in addition to the service required by subsection (d)(1) of

this Rule, the moving party shall serve a copy of the summons and the motion

on the local office of child support by first-class mail.

(e) Alternative Methods of Service

(1) Request

If (A) the current address of the non-moving party is not known to the

moving party, (B) the moving party is unable to serve the non-moving party

after having made reasonable good faith efforts to do so, or (C) the moving

party alleges facts supporting that personal service on the non-moving party is

impracticable, the moving party may file a request to permit an alternative

method of service pursuant to Rule 2-121 (b) or (c), as appropriate, together

with an affidavit in support of the request. The request and affidavit shall be

substantially in the form approved by the State Court Administrator, posted on

the Judiciary website, and available in the clerks’ offices. If the Child Support

Administration is charged with collecting child support in the action, the

moving party shall serve the Child Support Administration by mailing a copy of

the request and affidavit to the local office of child support by first-class mail.

RULE 9-202.1

(2) Determination of Request

The court promptly shall consider a request filed pursuant to section (e)

of this Rule. The court may hold a hearing to determine an appropriate

method of service, except that the court shall hold a hearing if the Child

Support Administration is charged with collecting child support in the action

and requests a hearing within 15 days of being served pursuant to subsection

(e)(1) of this Rule. If a hearing is held, the court shall permit remote electronic

participation pursuant to Rule 21-201. If the court grants the request, it shall

enter an order permitting an alternative method of service reasonably

calculated to give actual notice of the action to the non-moving party, which

may include:

(A) authorizing service pursuant to Rule 2-121 (b);

(B) permitting the moving party to send a copy of the summons and the

motion to the non-moving party by electronic means, including email, text

message, or social media; or

Administration is charged with collecting child support and has an email

address not known to be inactive for the non-moving party in its records,

ordering the Child Support Administration to make prompt electronic service

by email.

(3) Order Permitting Alternative Service

An order permitting an alternative method of service shall include:

(A) the authorized method or methods of alternative service;

RULE 9-202.1

(B) a method for demonstrating proof of service;

party electronically, instructions for providing the court with the email address

used for service confidentially; and

(D) a directive to the non-moving party to provide to the court, in writing,

within the time allowed for filing a response to the motion, an address to which

pleadings, papers, and notices are to be sent.

Committee note: The non-moving party may provide any street address or post

office box at which the party is willing and able to receive pleadings, papers,

and notices, including any documents that may require prompt action on the

part of the non-moving party. The address may be provided as part of a

response to the motion.

Cross reference: See Code, State Government Article, §§ 7-301 to 7-313 and

Rule 1-205 concerning participation in the Address Confidentiality Program.

See Rule 1-311 (a) concerning information to be provided when filing a pleading

or paper with the court.

(4) Failure to Provide Address

If a non-moving party who is served pursuant to section (e) of this Rule

fails to provide the court with an address as required by subsection (e)(3)(D) of

this Rule within the time allowed for responding to the motion, the court shall

enter an order stating a method by which pleadings and papers may be served

and notices may be sent, which may be the method of alternative service used

for service of the initial motion.

(f) Motion to Modify Child Support as Counterclaim

A non-moving party who is served with a summons and motion to modify

child support or a petition for contempt in an action involving child support

may file a motion to modify child support as a counterclaim and serve it on the

RULE 9-202.1

moving party in accordance with Rule 1-321 (a). If the Child Support

Administration is charged with collecting child support in the action and is not

the moving party, the party filing the counterclaim shall serve a copy of it on

the local office of child support by first-class mail. If the Child Support

Administration is the moving party, the party filing the counterclaim shall serve

each other party named in the child support order sought to be modified in

accordance with the procedure set forth in subsection (d)(1) or section (e) of

this Rule.

Source: This Rule is new.

RULE 9-205.3

MARYLAND RULES OF PROCEDURE

TITLE 9 – FAMILY LAW ACTIONS

CHAPTER 200 – DIVORCE, ANNULMENT, ALIMONY, CHILD SUPPORT, AND

CHILD CUSTODY

AMEND Rule 9-205.3 by adding clarifying language to subsection (c)(2);

by creating new subsection (d)(1)(A) using the language of current subsection

(d)(1); by adding new subsection (d)(1)(B) regarding continuing education and

licensing requirements; by creating new subsection (d)(2)(A) addressing

mandatory training using language from current subsection (d)(2), with

modifications; by creating new subsection (d)(2)(B) concerning required

experience using language from current subsection (d)(2), with modifications;

by updating the topics of required knowledge and experience in subsection

(d)(2)(B); by modifying the court’s ability to waive licensing requirements in

subsection (d)(3); and by making stylistic changes, as follows:

Rule 9-205.3. CUSTODY AND VISITATION-RELATED ASSESSMENTS

(a) Applicability

This Rule applies to the appointment or approval by a court of a person to

perform conduct an assessment in an action under this Chapter in which child

custody or visitation is at issue.

Committee note: In this Rule, when an assessor is selected by the court, the

term “appointment” is used. When the assessor is selected by the parties and

the selection is incorporated into a court order, the term “approval” is used.

(b) Definitions

RULE 9-205.3

In this Rule, the following definitions apply:

(1) Assessment

“Assessment” includes a custody evaluation, a home study, a mental

health evaluation, and a specific issue evaluation.

(2) Assessor

“Assessor” means an individual who performs conducts an assessment.

(3) Custody Evaluation

“Custody evaluation” means a study and analysis of the needs and

development of a child who is the subject of an action or proceeding under this

Chapter and of the abilities of the parties to care for the child and meet the

child's needs.

(4) Custody Evaluator

“Custody evaluator” means an individual appointed or approved by the

court to perform conduct a custody evaluation.

(5) Home Study

“Home study” means an inspection of a party's home that focuses upon

the safety and suitability of the physical surroundings and living environment

for the child.

(6) Mental Health Evaluation

“Mental health evaluation” means an evaluation of an individual's mental

health performed conducted by a psychiatrist or psychologist who has the

qualifications set forth in subsection (d)(1)(A) or (B) (d)(1)(A)(i) or (ii) of this Rule.

A mental health evaluation may include psychological testing.

RULE 9-205.3

(7) Specific Issue Evaluation

“Specific issue evaluation” means a focused investigation into a specific

issue raised by a party, the child's attorney, or the court affecting the safety,

health, or welfare of the child as may affect the child’s best interests.

Committee note: A specific issue evaluation is not a “mini” custody evaluation.

A custody evaluation is a comprehensive study of the general functioning of a

family and of the parties’ parenting capacities. A specific issue evaluation is an

inquiry, narrow in scope, into a particular issue or issues that predominate in

a case. The issue or issues are defined by questions posed by the court to the

assessor in an order. The evaluation primarily is fact-finding, but the court

may opt to receive a recommendation. Examples of questions that could be the

subject of specific issue evaluations are questions concerning the appropriate

school for a child with special needs and how best to arrange physical custody

and visitation for a child when one parent is relocating.

(8) State

“State” includes the District of Columbia.

(1) Generally

On motion of a party or child's counsel, or on its own initiative, the court

may order an assessment to aid the court in evaluating the health, safety,

welfare, or best interests of a child in a contested custody or visitation case.

(2) Appointment or Approval

The court may appoint or approve any person deemed competent by the

court to perform conduct a home study. The court may not appoint or approve

a person to perform conduct a custody evaluation or specific issue evaluation

unless (A) the assessor has the qualifications set forth in subsections (d)(1) and

(d)(2) of this Rule, or (B) the qualifications set forth in subsection (d)(1) of this

RULE 9-205.3

Rule have been waived for the assessor pursuant to subsection (d)(3) of this

Rule.

(3) Cost

The court may not order the cost of an assessment to be paid, in whole or

in part, by a party without giving the parties notice and an opportunity to

object.

Committee note: Nothing in this Rule precludes the court from ordering

preliminary screening or testing for alcohol and substance use.

(d) Qualifications of Custody Evaluator

(1) Education and Licensing

(A) Required Education and Licensure

A custody evaluator shall be:

(A)(i) a physician licensed in any State who is board-certified in psychiatry

or has completed a psychiatry residency accredited by the Accreditation

Council for Graduate Medical Education or a successor to that Council;

(B)(ii) a Maryland-licensed psychologist or a psychologist with an equivalent

level of licensure in any other state;

(C)(iii) a Maryland-licensed clinical marriage and family therapist or a

clinical marriage and family therapist with an equivalent level of licensure in

any other state;

(D)(iv) a Maryland-licensed certified social worker-clinical or a clinical social

worker with an equivalent level of licensure in any other state;

(E)(v) (i)(a) a Maryland-licensed graduate or master social worker with at

least two years of experience in (a)(1) one or more of the areas listed in

RULE 9-205.3

subsection (d)(2)(d)(2)(B) of this Rule, (b) performing (2) conducting custody

evaluations, or (c)(3) any combination of subsections (a)(d)(1)(A)(v)(a)(1) and

(b)(d)(1)(A)(v)(a)(2),; or (ii)(b) a graduate or master social worker with an

equivalent level of licensure and experience in any other state; or

(F)(vi) a Maryland-licensed clinical professional counselor or a clinical

professional counselor with an equivalent level of licensure in any other state.

(B) Continuing Education and Licensure Requirements

A custody evaluator shall comply with all conditions necessary to

maintain professional licensure, including completing all mandatory continuing

education requirements.

(2) Training and Experience

(A) Mandatory Training

Unless waived by the court, a A custody evaluator shall have completed,

or commit to completing, the next available a training program that conforms

with to guidelines established by the Administrative Office of the Courts. The

current guidelines Current training guidelines shall be posted on the

Judiciary's website.

(B) Required Experience

In addition to complying with the continuing requirements of the

custody evaluator's field, a A custody evaluator shall have training or

experience in conducting or observing or performing custody evaluations, and

shall have current demonstrated knowledge in the following areas of and

experience in the following topics:

RULE 9-205.3

(A)(i) domestic and family violence;

(B)(ii) child neglect and abuse, including sexual abuse;

(iii) child and adult development;

(iv) trauma and its impact on children and adults;

(C)(v) family conflict and dynamics and conflict resolution;

(D) child and adult development; (vi) disability-related issues; and

(E)(vii) the impact of divorce and separation on children and adults.

(3) Waiver of Licensing Requirements

If a court employee, or an individual under contract with the court,

regularly has been performing conducted custody evaluations on a regular

basis as an employee of, or under contract with, the court for at least five

fourteen years prior to January 1, 2016 2025, the court may waive any of the

requirements set forth in subsection (d)(1) of this Rule, provided that the

individual participates in completes a training program required by subsection

(d)(2)(A) of this Rule and completes at least 20 hours per year of continuing

education relevant to the performance of conducting custody evaluations,

including course work in one or more of the areas listed in subsection (d)(2) of

this Rule.

(e) Custody Evaluator Lists and Selection

(1) Custody Evaluator Lists

If the circuit court for a county appoints custody evaluators who are not

court employees, the family support services coordinator for the court shall

maintain a list of qualified custody evaluators. An individual, other than a

RULE 9-205.3

court employee, who seeks appointment by a circuit court as a custody

evaluator shall submit an application to the family support services coordinator

for that court. If the applicant has the qualifications set forth in section (d) of

this Rule, the applicant's name shall be placed on a list of qualified individuals.

The family support services coordinator, upon request, shall make the list and

the information submitted by each individual on the list available to the public.

(2) Selection of Custody Evaluator

(A) By the Parties

By agreement, the parties may employ a custody evaluator of their own

choosing who may, but need not, be on the court's list. The parties may, but

need not, request the court to enter a consent order approving the agreement

and selection. The court shall enter the order if one is requested and the court

finds that the custody evaluator has the qualifications set forth in section (d)

and that the agreement contains the relevant information set forth in section

(g) of this Rule.

(B) By the Court

An appointment of an individual, other than a court employee, as a

custody evaluator by the court shall be made from the list maintained by the

family support services coordinator. In appointing a custody evaluator from a

list, the court is not required to choose at random or in any particular order

from among the qualified evaluators on the list. The court should endeavor to

use the services of as many qualified individuals as practicable, but the court

may consider, in light of the issues and circumstances presented by the action

RULE 9-205.3

or the parties, any special training, background, experience, expertise, or

temperament of the available prospective appointees. An individual appointed

by the court to serve as a custody evaluator shall have the qualifications set

forth in section (d) of this Rule.

(3) Selection of Assessor to Perform Conduct Specific Issue Evaluation

Selection of an assessor to perform conduct a specific issue evaluation

shall be made from the same list and by the same process as pertains to the

selection of a custody evaluator.

(f) Description of Custody Evaluation

(1) Mandatory Elements

Subject to any protective order of the court, a custody evaluation shall

include:

(A) a review of the relevant court records pertaining to the litigation;

(B) an interview of each party and any adult who performs a caretaking role

for the child or lives in a household with the child or, if an adult who lives in a

household with the child cannot be located despite best efforts by the custody

evaluator, documentation or a description of the custody evaluator's efforts to

locate the adult and any information gained about the adult;

explains that by reason of age, disability, or lack of maturity, the child lacks

capacity to be interviewed;

(D) a review of any relevant educational, medical, and legal records

pertaining to the child;

RULE 9-205.3

(E) if feasible, observations of the child with each party, whenever possible

in that party's household;

(F) contact with any high neutrality/low affiliation collateral sources of

information, as determined by the assessor;

Committee note: “High neutrality/low affiliation” is a term of art that refers to

impartial, objective collateral sources of information. For example, in a

custody contest in which the parties are taking opposing positions about

whether the child needs to continue taking a certain medication, the child's

treating doctor would be a high neutrality/low affiliation source, especially if

the doctor had dealt with both parties.

(G) screening for intimate partner violence;

(H) factual findings about the needs of the child and the capacity of each

party to meet the child's needs; and

(I) a custody and visitation recommendation based upon an analysis of the

facts found or, if such a recommendation cannot be made, an explanation of

why.

(2) Optional Elements – Generally

Subject to subsection (f)(4) of this Rule, at the discretion of the custody

evaluator, a custody evaluation also may include:

(A) contact with collateral sources of information that are not high

neutrality/low affiliation;

(B) a review of additional records;

(D) a mental health evaluation;

(E) consultation with other experts to develop information that is beyond

the scope of the evaluator's practice or area of expertise; and

RULE 9-205.3

(F) an investigation into any other relevant information about the child's

needs.

(3) Elements of Specific Issue Evaluation

Subject to any protective order of the court, a specific issue evaluation

may include any of the elements listed in subsections (f)(1)(A) through (G) and

(f)(2) of this Rule. The specific issue evaluation shall include fact-finding

pertaining to each issue identified by the court and, if requested by the court, a

recommendation as to each.

(4) Optional Elements Requiring Court Approval

The custody evaluator or specific issue evaluation assessor may not

include an optional element listed in subsection (f)(2)(D), (E), or (F) if any

additional cost is to be assessed for the element unless, after notice to the

parties and an opportunity to object, the court approved inclusion of the

element.

(g) Order of Appointment

An order appointing or approving a person to perform conduct an

assessment shall include:

(1) the name, business address, and telephone number of the person being

appointed or approved;

(2) any provisions the court deems necessary to address the safety and

protection of the parties, all children of the parties, any other children residing

in the home of a party, and the person being appointed or approved;

RULE 9-205.3

(3) a description of the task or tasks the person being appointed or

approved is to undertake;

(4) a provision concerning payment of any fee, expense, or charge,

including a statement of any hourly rate that will be charged which, as to a

court appointment, may not exceed the maximum rate established under

section (n) of this Rule and, if applicable, a time estimate for the assessment;

(5) the term of the appointment or approval and any deadlines pertaining to

the submission of reports to the parties and the court, including the dates of

any pretrial or settlement conferences associated with the furnishing of reports;

(6) any restrictions upon the copying and distribution of reports, whether

pursuant to this Rule, agreement of the parties, or entry of a separate

protective order;

(7) as to a custody evaluation, whether a written report pursuant to

subsection (i)(1)(B) of this Rule or an oral report on the record pursuant to

subsection (i)(1)(A) of this Rule is required;

(8) as to a specific issue evaluation, each issue to be evaluated and whether

a recommendation is requested as to each; and

(9) any other provisions the court deems necessary.

(h) Removal or Resignation of Person Appointed or Approved to Perform

Conduct an Assessment

(1) Removal

The court may remove a person appointed or approved to perform conduct

an assessment upon a showing of good cause.

RULE 9-205.3

(2) Resignation

A person appointed or approved to perform conduct an assessment may

resign prior to completing the assessment and preparing a report pursuant to

section (i) of this Rule only upon a showing of good cause, notice to the parties,

an opportunity to be heard, and approval of the court.

(i) Report of Assessor

(1) Custody Evaluation Report

A custody evaluator shall prepare a report and provide the parties access

to the report in accordance with subsection (i)(1)(A) or (i)(1)(B) of this Rule.

(A) Oral Report on the Record

If the court orders a pretrial or settlement conference to be held at least

45 days before the scheduled trial date or hearing at which the evaluation may

be offered or considered, and the order appointing or approving the custody

evaluator does not require a written report, the custody evaluator may present

the custody evaluation report orally to the parties and the court on the record

at the conference. The custody evaluator shall produce and provide to the

court and parties at the conference a written list containing an adequate

description of all documents reviewed in connection with the custody

evaluation. If custody and access are not resolved at the conference, and no

written report has been provided, the court shall (i) provide a transcript of the

oral report to the parties free of charge and, if a copy of the transcript is

prepared for the court’s file, maintain that copy under seal, or (ii) direct the

custody evaluator to prepare a written report and furnish it to the parties and

RULE 9-205.3

the court in accordance with subsection (i)(1)(B) of this Rule. Absent the

consent of the parties, the judge or magistrate who presides over a settlement

conference at which an oral report is presented shall not preside over a hearing

or trial on the merits of the custody dispute.

(B) Written Report Prepared by the Custody Evaluator

If an oral report is not prepared and presented pursuant to subsection

(i)(1)(A) of this Rule, the custody evaluator shall prepare a written report of the

custody evaluation and shall include in the report a list containing an adequate

description of all documents reviewed in connection with the custody

evaluation. The report shall be furnished to the parties and to the court under

seal at least 45 days before the scheduled trial date or hearing at which the

evaluation may be offered or considered. The court may shorten or extend the

time for good cause shown but the report shall be furnished to the parties no

later than 15 days before the scheduled trial or hearing.

(2) Report of Specific Issue Evaluation

An assessor who performed conducted a specific issue evaluation shall

prepare a written report that addresses each issue identified by the court in its

order of appointment or approval and, if requested by the court, make a

recommendation. The report shall be furnished to the parties and to the court,

under seal, as soon as practicable after completion of the evaluation and, if a

date is specified in the order of appointment or approval, by that date. The

report shall include a list containing an adequate description of all documents

reviewed in connection with the specific issue evaluation.

RULE 9-205.3

(3) Report of Home Study

Unless preparation of a written report is waived by the parties, an

assessor who performed conducted a home study shall prepare a written report

of the home study and furnish it to the parties and to the court under seal.

The report shall be furnished as soon as practicable after completion of the

home study and, if a date is specified in the order of appointment or approval,

by that date.

(4) Report of Mental Health Evaluation

An assessor who performed conducted a mental health evaluation shall

prepare a written report. The report shall be made available to the parties

solely for use in the case and shall be furnished to the court under seal. The

report shall be made available and furnished as soon as practicable after

completion of the evaluation and, if a date is specified in the order of

appointment or approval, by that date.

Committee note: An assessor's written report submitted to the court in

accordance with section (i) of this Rule shall be kept by the court under seal.

The only access to these reports by a judge or magistrate shall be in

accordance with subsections (k)(2) and (k)(3) of this Rule. Each circuit court,

through MDEC, shall devise the means for keeping these reports under seal.

(j) Copying and Dissemination of Report

A party may copy a written report of an assessment or the transcript of an

oral report prepared pursuant to subsection (i)(1)(A) of this Rule but, except as

permitted by the court, shall not disseminate the report or transcript other

than to individuals intended to be called as experts by the party.

Cross reference: See subsection (g)(6) of this Rule concerning the inclusion of

restrictions on copying and distribution of reports in an order of appointment

RULE 9-205.3

or approval of an assessor. See the Rules in Title 15, Chapter 200, concerning

proceedings for contempt of court for violation of a court order.

(k) Court Access to Written Report

(1) Generally

Except as otherwise provided by this Rule, the court may receive access to

a report by an individual appointed or approved by the court to perform

conduct an assessment only if the report has been admitted into evidence at a

hearing or trial in the case.

(2) Advance Access to Report by Stipulation of the Parties

Upon consent of the parties, the court may receive and read the assessor's

report in advance of the hearing or trial.

(3) Access to Report by Settlement Judge or Magistrate

A judge or magistrate conducting a settlement conference shall have

access to the assessor's report.

(l) Discovery

(1) Generally

Except as provided in this section, an individual who performs conducts

an assessment under this Rule is subject to the Maryland Rules applicable to

discovery in civil actions.

(2) Deposition of Court-Paid Assessor

Unless leave of court is obtained, any deposition of an assessor who is a

court employee or is working under contract for the court and paid by the court

shall: (A) be held at the courthouse where the action is pending or other courtapproved location; (B) take place after the date on which an oral or written

RULE 9-205.3

report is presented to the parties; and (C) not exceed two hours, with the time

to be divided equally between the parties.

(m) Testimony and Report of Assessor at Hearing or Trial

(1) Subpoena for Assessor

A party requesting the presence of the assessor at a hearing or trial shall

subpoena the assessor no less than ten days before the hearing or trial.

(2) Admission of Report Into Evidence Without Presence of Assessor

The court may admit an assessor's report into evidence without the

presence of the assessor, subject to objections based other than on the

presence or absence of the assessor. If the assessor is present, a party may

call the assessor for cross-examination.

Committee note: The admissibility of an assessor's report pursuant to

subsection (m)(2) of this Rule does not preclude the court or a party from

calling the assessor to testify as a witness at a hearing or trial.

(n) Fees

(1) Applicability

Section (n) of this Rule does not apply to a circuit court for a county in

which all custody evaluations are performed conducted by court employees,

free of charge to the litigants.

(2) Fee Schedules

Subject to the approval of the Chief Justice of the Supreme Court, the

county administrative judge of each circuit court shall develop and adopt

maximum fee schedules for custody evaluations. In developing the fee

schedules, the county administrative judge shall take into account the

RULE 9-205.3

availability of qualified individuals willing to provide custody evaluation

services and the ability of litigants to pay for those services. A custody

evaluator appointed by the court may not charge or accept a fee for custody

evaluation services in that action in excess of the fee allowed by the applicable

schedule. Violation of this subsection shall be cause for removal of the

individual from all lists maintained pursuant to subsection (e)(1) of this Rule.

(3) Allocation of Fees and Expenses

As permitted by law, the court may order the parties or a party to pay the

reasonable and necessary fees and expenses incurred by an individual

appointed by the court to perform conduct an assessment in the case. The

court may fairly allocate the reasonable and necessary fees of the assessment

between or among the parties. In the event of the removal or resignation of an

assessor, the court may consider the extent to which any fees already paid to

the assessor should be returned.

Source: This Rule is new.

RULE 10-108

MARYLAND RULES OF PROCEDURE

TITLE 10 – GUARDIANS AND OTHER FIDUCIARIES

CHAPTER 100 – GENERAL PROVISIONS

AMEND Rule 10-108 by updating the cross reference following

subsection (a)(2) and by making a stylistic amendment, as follows:

Rule 10-108. ORDERS

(a) Order Appointing Guardian

(1) Generally

An order appointing a guardian shall:

(A) state whether the guardianship is of the property, the person, or both;

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

person;

available, of the guardian;

(D) state whether the appointment of a guardian is solely due to a physical

disability, and if not, the reason for the guardianship;

(E) state (i) the amount of the guardian’s bond or that bond is waived and

(ii) the date by which proof of any bond shall be filed with the court;

Cross reference: See Rule 10-702 (a), requiring the bond to be filed before the

guardian commences the performance of any fiduciary duties.

(F) state the date by which any annual report of the guardian shall be filed;

and

RULE 10-108

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

(G) state the specific powers and duties of the guardian and any limitations

on those powers or duties either expressly or by referring to the specific

sections or subsections of an applicable statute containing those powers and

duties; and

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

satisfied the requirement or the court orders otherwise, direct the guardian to

complete an orientation program and training in conformance with the

applicable Guidelines for Court-Appointed Guardians attached as an Appendix

to the Rules in this Title.

Committee note: An example of an appointment as to which waiver of the

orientation and training requirements of subsection (a)(1)(H) of this Rule may

be appropriate is the appointment of a temporary guardian for a limited

purpose or specific transaction.

Cross reference: Code, Estates and Trusts Article, §§ 13-201(b) and (c), 13213, 13-214, 13-705(b), 13-708, and 15-102 and Title 15, Subtitle 6 (Maryland

Fiduciary Access to Digital Assets Act).

(2) Confidential Information

Information in the order or in papers filed by the guardian that is subject

to being shielded pursuant to the Rules in Title 16, Chapter 900 shall remain

confidential, but, in its order, the court may permit the guardian to disclose

that information when necessary to the administration of the guardianship,

subject to a requirement that the information not be further disclosed without

the consent of the guardian or the court.

Committee note: Disclosure of identifying information to financial institutions

and health care providers, for example, may be necessary to further the

purposes of the guardianship.

RULE 10-108

Cross reference: See Rule 16-914 (e) and (i) and Rule 16-915 (e)(f).

...

RULE 10-111

MARYLAND RULES OF PROCEDURE

TITLE 10 – GUARDIANS AND OTHER FIDUCIARIES

CHAPTER 100 – GENERAL PROVISIONS

AMEND Rule 10-111 by altering a reference to the head of the

Department of Veterans Affairs in the instructions, as follows:

Rule 10-111. PETITION FOR GUARDIANSHIP OF MINOR

...

ADDITIONAL INSTRUCTIONS

1. The required exhibits are as follows:

(a) A copy of any instrument nominating a guardian [Code, Estates and Trusts

Article, § 13-701 and Maryland Rule 10-301 (d)];

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

beneficiary of the Department of Veterans Affairs, a certificate of the

Administrator or the Administrator's authorized representative Secretary of

that Department or any authorized representative of the Secretary, setting forth

the age of the minor as shown by the records of the Department of Veterans

Affairs, and the fact that appointment of a guardian is a condition precedent to

the payment of any moneys due the minor from the Department of Veterans

Affairs shall be prima facie evidence of the necessity for the appointment [Code,

Estates and Trusts Article, § 13-802 and Maryland Rule 10-301 (d)].

2. Attached additional sheets to answer all the information requested in this

petition, if necessary.

Source: This Rule is new.

RULE 10-201

MARYLAND RULES OF PROCEDURE

TITLE 10 – GUARDIANS AND OTHER FIDUCIARIES

CHAPTER 200 – GUARDIAN OF PERSON

AMEND Rule 10-201 by stating that a request pursuant to section (f)

may be filed any time after the filing of a petition, as follows:

Rule 10-201. PETITION FOR APPOINTMENT OF A GUARDIAN OF THE

PERSON

...

(f) Request for Expedited Hearing in Connection with Medical Treatment

(1) Contents

A request for an expedited hearing in connection with medical treatment

pursuant to Code, Estates and Trust Article, § 13-705(f) shall be verified and

filed with the petition for guardianship of the person of an alleged disabled

person or at any time after the filing of the petition. The request shall contain

the following information:

(A) the reason for seeking an expedited hearing;

(B) a description of the proposed change in the alleged disabled person's

medical treatment;

will be harmed if the proceeding is not expedited;

RULE 10-201

(D) a description of all efforts made to notify interested persons and any

person nominated as guardian of person about the request for an expedited

hearing; and

(E) whether the alleged disabled person lacks sufficient understanding or

capacity to make or communicate a responsible decision to consent or to refuse

consent, the basis for that belief, and an explanation of steps taken to obtain

consent to the proposed medical treatment through other means.

Committee note: Examples of consent “through other means” include consent

obtained or ascertained though a valid advance directive, consent by an

individual pursuant to an applicable Power of Attorney that specifically

authorizes health care decision-making, and consent by a surrogate authorized

under Code, Health General Article, Title 5, Subtitle 6, Part I (Health Care

Decisions Act).

(2) Factors for Court to Consider

In determining whether to expedite the hearing in connection with

medical treatment, the court shall consider:

(A) the degree to which the alleged disabled person's current circumstances

are not meeting his or her medical needs in the most appropriate manner;

(B) the degree to which alternative arrangements are or can be made

available;

and any medical risks to the alleged disabled person if the proceedings are not

expedited;

(D) the ability of the alleged disabled person or other legally authorized

individual to provide necessary consents for services; and

(E) any other factor that the court considers relevant.

RULE 10-201

(3) Scheduling of an Expedited Hearing

If the court makes a determination to expedite a hearing because of the

need for medical treatment, the hearing shall be scheduled as soon as

practicable, taking into account:

(A) the ability of the petitioner to properly serve or notify interested persons

on an expedited basis;

(B) the ability of the attorney for the alleged disabled person, government

agencies, and court-appointed investigators to perform necessary investigations

on an expedited basis; and

Committee note: The procedure set forth in section (f) of this Rule is not a

substitute for a petition for emergency services under Rule 10-210, nor is it

intended to affect the court's discretion to schedule expedited hearings,

generally. If the petition is also for the appointment of a guardian of the

property, the court may hear and rule on that part of the petition on an

expedited basis as well.

Cross reference: See Code, Estates and Trusts Article, §§ 13-702 and 13705(f), Rule 10-205 (b), and In re: Sonny E. Lee, 132 Md. App. 696 (2000).

Source: This Rule is derived as follows:

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

Section (b) is new.

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

Section (d) is new.

Section (e) is new.

Section (f) is new.

RULE 10-202

MARYLAND RULES OF PROCEDURE

TITLE 10 – GUARDIANS AND OTHER FIDUCIARIES

CHAPTER 200 – GUARDIAN OF PERSON

AMEND Rule 10-202 by changing references to a “disabled person” in

section (a) to an “alleged disabled person,” as follows:

Rule 10-202. CERTIFICATES AND CONSENTS

(a) Certificates

(1) Generally Required

If guardianship of the person of a an alleged disabled person is sought,

the petitioner shall file with the petition signed and verified certificates of the

following persons who have examined or evaluated the alleged disabled person:

(A) two physicians licensed to practice medicine in the United States, or (B) one

such licensed physician and one licensed psychologist, licensed certified social

worker-clinical, or nurse practitioner. An examination or evaluation by at least

one of the health care professionals shall have been within 21 days before the

filing of the petition.

(2) Form

Each certificate required by subsection (a)(1) of this Rule shall be

substantially in the form approved by the State Court Administrator, posted on

the Judiciary website, and available in the offices of the clerks of the circuit

courts.

(3) Absence of Certificates

RULE 10-202

(A) Refusal to Permit Examination

If the petition is not accompanied by the required certificate and the

petition alleges that the alleged disabled person is residing with or under the

control of a person who has refused to permit examination or evaluation by a

physician, psychologist, licensed certified social worker-clinical, or nurse

practitioner, and that the alleged disabled person may be at risk unless a

guardian is appointed, the court shall defer issuance of a show cause order.

The court shall instead issue an order requiring that the person who has

refused to permit the alleged disabled person to be examined or evaluated

appear personally on a date specified in the order and show cause why the

alleged disabled person should not be examined or evaluated. The order shall

be personally served on that person and on the alleged disabled person.

(B) Appointment of Health Care Professionals by Court

If the court finds after a hearing that examinations are necessary, it

shall appoint (i) two physicians or (ii) one physician and one psychologist,

licensed certified social worker-clinical, or nurse practitioner to conduct the

examinations or the examination and evaluation and file their reports with the

court. If both health care professionals find the person to be disabled, the

court shall issue a show cause order requiring the alleged disabled person to

answer the petition for guardianship and shall require the petitioner to give

notice pursuant to Rule 10-203. Otherwise, the petition shall be dismissed.

Cross reference: See Code, Estates and Trusts Article, § 13-705.

...

RULE 10-402

MARYLAND RULES OF PROCEDURE

TITLE 10 – GUARDIANS AND OTHER FIDUCIARIES

CHAPTER 400 – STANDBY GUARDIAN

AMEND Rule 10-402 by altering a provision in the Notice issued

pursuant to section (e), and by making a stylistic change, as follows:

Rule 10-402. PETITION BY PARENT

...

The petition shall be captioned “In the Matter of ...” [stating the name of

the minor]. It shall be signed and verified by the petitioner and shall include

the following information:

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

(2) The petitioner's familial relationship to the minor;

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

(4) If the minor is at least 14 years of age, the wishes of the minor, if known;

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

whether a standby guardianship is sought for them;

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

number;

(7) The proposed standby guardian's relationship to the minor;

(8) A statement explaining why the appointment of the proposed standby

guardian is in the best interests of the minor;

RULE 10-402

(9) Whether and under what circumstances the standby guardianship is to

be of the minor's person, property, or both;

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

the nature, value, and location of the property;

(11) A description of the duties and powers of the standby guardian,

including whether the standby guardian is to have the authority to apply for,

receive, and use public benefits and child support payable on behalf of the

minor;

Cross reference: For the powers of a guardian of the person of a minor, see

Code, Estates and Trusts Article, § 13-702. For the powers of a guardian of the

property, see Code, Estates and Trusts Article, § 15-102.

(12) A statement (A) whether the standby guardian has been convicted of a

crime listed in Code, Estates and Trusts Article, § 11-114 or any such charge is

currently pending against the standby guardian, and (B) if the standby

guardian has been convicted of such a crime, the charge for which the standby

guardian was convicted, the year of the conviction, the court in which the

conviction occurred, and any good cause for the appointment, if applicable

under § 11-114(b);

(13) Whether the authority of the standby guardian is to become effective on

the petitioner's incapacity, death, or the first of those circumstances to occur;

Cross reference: Code, Estates and Trust Trusts Article, § 13-906.

(14) A statement that there is a significant risk that the petitioner will

become incapacitated or die within two years of the filing of the petition and the

basis for the statement;

100

RULE 10-402

Cross reference: Code, Estates and Trusts Article, § 13-903(a).

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

Rule 10-404, a statement explaining why;

(16) If a person having parental rights does not join in the petition, a

statement to that effect and the following information, to the extent known: (A)

the identity of the person, (B) if the identity of the person is not known, what

efforts were made to identify and locate the person, and (C) if the identity of the

person is known, the reasons the person did not join the petition, if known,

and a description of the efforts made to inform the person about the petition;

and

(17) If the petitioner believes that notice to the minor would be unnecessary

or would not be in the best interests of the minor, a statement explaining why.

...

(e) Notice to Interested Persons

The Notice to Interested Persons shall be in the following form:

In the Matter of

In the Circuit Court for

____________________________________

(Name of minor)

____________________________________

(County)

____________________________________

(docket reference)

NOTICE TO INTERESTED PERSONS

A petition has been filed seeking the appointment of a standby guardian

of the [person] [property] [person and property] of ____________________________,

a minor.

You are receiving this because you are related to or otherwise concerned

with the welfare of the minor.

101

RULE 10-402

Please examine the attached papers carefully.

If you object to the appointment of a standby guardian, please file a

response with the court at (address of courthouse) no later than 30 days after

the date of issue of this Notice. (Be sure to include the case number.) If a

response is not received by the court, the court may rule on the petition

without a hearing your input. If you wish to participate in this proceeding in

any way, notify the court and be prepared to attend any hearing.

CERTIFICATE OF SERVICE

I certify that a copy of the petition and the “Notice to Interested Persons”

was mailed, by ordinary mail, postage prepaid, and by certified mail, postage

prepaid and return receipt requested, this ____ day of _______, to _____________

at ________________________________________.

_________________________________________

Petitioner

_________________________________________

Name (printed)

_________________________________________

Address

_________________________________________

Telephone Number

...

102

RULE 11-102

MARYLAND RULES OF PROCEDURE

TITLE 11 - JUVENILE CAUSES

CHAPTER 100 – GENERAL PROVISIONS

AMEND Rule 11-102 by updating the terms in the cross reference

following section (a), as follows:

Rule 11-102. DEFINITIONS

The following definitions apply in this Title:

(a) Statutory Definitions

The definitions in Code, Courts Article, §§ 3-801 and 3-8A-01 are

applicable to this Title. If a definition in Code, Courts Article, Title 3, Subtitle 8

differs from the definition of the term in Code, Courts Article, Title 3, Subtitle

8A, the definition in the Subtitle under which the particular action or

proceeding was filed applies.

Cross reference: See Code, Courts Article, § 3-801 for definitions of “abuse,”

“adjudicatory hearing,” “adult,” “child,” “child in need of assistance,” “CINA,”

“commit,” “custodian,” “custody,” “developmental disability,” “disposition

hearing,” “guardian,” “guardianship,” “labor trafficking,” “local department,”

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

residential treatment program,” “reasonable efforts,” “relative,” “sex trafficking,”

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

care hearing,” “TPR proceeding,” “voluntary placement,” and “voluntary

placement hearing.”

See Code, Courts Article, § 3-8A-01 for definitions of “adjudicatory

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

“community detention,” “competency hearing,” “custodian,” “delinquent act,”

“delinquent child,” “detention,” “developmental disability,” “disposition

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

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

103

RULE 11-102

“peace order proceeding,” “peace order request,” “petition,” “qualified expert,”

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

...

104

RULE 11-302

MARYLAND RULES OF PROCEDURE

TITLE 11 - JUVENILE CAUSES

CHAPTER 300 – GUARDIANSHIP TERMINATING PARENTAL RIGHTS

AMEND Rule 11-302 by updating a statutory reference in the cross

reference following section (b), as follows:

Rule 11-302. DEFINITIONS

The following definitions apply in this Chapter:

...

(b) Additional Definitions

(1) CINA

“CINA” means a child in need of assistance under Chapter 200 of these

Rules.

(2) Local Department

“Local department” means the local department of social services for the

county in which the court is located. In Montgomery County, “local

department” means the Department of Health and Human Services.

Cross reference: See Code, Courts Article, §§ 3-801 (p)(q) and 5-301.

Source: This Rule is new.

105

RULE 11-405

MARYLAND RULES OF PROCEDURE

TITLE 11 – JUVENILE CAUSES

CHAPTER 400 – DELINQUENCY AND CITATION PROCEEDINGS

AMEND Rule 11-405 by adding a statutory reference to section (b), as

follows:

Rule 11-405. TAKING CHILD INTO CUSTODY

...

(b) Notice; Release; Detention

A law enforcement officer who takes a child into custody shall comply

with the requirements of Code, Courts Article, §§ 3-8A-14(b) and (d) and 3-8A14.2.

...

106

RULE 11-406

MARYLAND RULES OF PROCEDURE

TITLE 11 – JUVENILE CAUSES

CHAPTER 400 – DELINQUENCY AND CITATION PROCEEDINGS

AMEND Rule 11-406 by adding a provision pertaining to waiver of the

required review hearing to subsection (f)(2) and by making a stylistic change, as

follows:

Rule 11-406. DETENTION; COMMUNITY DETENTION; SHELTER CARE

...

(f) Child in Detention--Required Actions

(1) Plan for Release

Within 10 days after a court orders detention of a child, the Department

of Juvenile Services shall submit a plan to the court for releasing the child into

the community.

Cross reference: See Code, Courts Article, § 3-8A-15(l).

(2) Review Hearing

Within 14 days after the court orders detention of a child, and every 14

days thereafter, the Department of Juvenile Services shall appear at a review

hearing before the court with the child to explain the reasons for continued

detention. With the consent of the State’s Attorney and the child’s attorney,

the court may waive the hearing, provided that no waiver of a review hearing

under this subsection previously was granted.

107

RULE 11-406

Cross reference: See Code, Courts Article, § 3-8A-15(k).

...

108

RULE 11-410

MARYLAND RULES OF PROCEDURE

TITLE 11 - JUVENILE CAUSES

CHAPTER 400 - DELINQUENCY AND CITATION PROCEEDINGS

AMEND Rule 11-410 by adding to the tagline of subsection (f)(1), by

adding new subsection (f)(1)(C) pertaining to records containing identifying

information of a minor victim, by adding a cross reference following new

subsection (f)(1)(C), and by making stylistic changes, as follows:

Rule 11-410. WAIVER OF JURISDICTION

...

(e) Required Condition for Waiver; Criteria; Considerations

(1) Required Condition

The court may not waive its jurisdiction unless it determines, by a

preponderance of the evidence presented at the hearing, that the child is an

unfit subject for juvenile rehabilitative measures.

(2) Criteria and Considerations

In considering that determination, the court shall assume that the

respondent child committed the delinquent act alleged in the delinquency

petition and shall consider the criteria set forth in Code, Courts Article, § 3-8A06(e).

Cross Reference reference: See Davis v. State, ___Md. ___ 474 Md. 439 (2021).

(f) Waiver Order

(1) Statement of Grounds; Contents of Order

109

RULE 11-410

If the court concludes that its jurisdiction should be waived, it shall

prepare and file or dictate into the record a statement of the grounds for its

decision and enter an order:

(A) waiving its jurisdiction and ordering the child held for trial under the

appropriate criminal procedure; and

(B) committing the child to the custody of the sheriff or other appropriate

officer in an adult detention facility pending a pretrial release hearing pursuant

to Rule 4-222; and

information is in the case record, ordering the State’s Attorney or other filer to

comply with the requirements of Rule 20-201.1 prior to the transfer of the case

record to the court exercising criminal jurisdiction.

Cross reference: See Code, Courts Article, § 11-301 pertaining to redaction of

identifying information of a minor victim.

(2) Effect of Delinquency Petition

The delinquency petition shall be considered a charging document for the

purpose of detaining the respondent child pending a pre-trial release hearing.

(3) Copies

Pending a pre-trial release hearing, the clerk promptly shall furnish to

the appropriate officer true copies of the delinquency petition and the court's

waiver order.

Source: This Rule is derived in part from former Rule 11-113 (2021) and is in

part new.

110

RULE 11-419

MARYLAND RULES OF PROCEDURE

TITLE 11 – JUVENILE CAUSES

CHAPTER 400 – DELINQUENCY AND CITATION PROCEEDINGS

AMEND Rule 11-419 by adding a cross reference following subsection

(b)(3), as follows:

Rule 11-419. MOTIONS

...

(b) Mandatory Motions—Generally

In a delinquency proceeding, the following matters shall be raised by

motion in conformity with this Rule and if not so raised are waived unless the

court, for good cause shown, orders otherwise:

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

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

jurisdiction in the court or its failure to charge an offense;

(3) An unlawful search, seizure, interception of wire or oral communication,

or pretrial identification;

Cross reference: See Code, Criminal Procedure Article, Title 2, Subtitle 5

regarding admissibility of results generated by facial recognition technology.

(4) An unlawfully obtained admission, statement, or confession; and

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

of a statement made by a child during a custodial interrogation.

(5) A request for a joint trial or separate trials or respondents or offenses.

...

111

RULE 11-420.2

MARYLAND RULES OF PROCEDURE

TITLE 11 - JUVENILE CAUSES

CHAPTER 400 – DELINQUENCY AND CITATION PROCEEDINGS

AMEND Rule 11-420.2 by updating a statutory reference in the cross

reference following section (e), as follows:

Rule 11-420.2. SAFE HARBOR – VICTIMS OF CHILD SEX TRAFFICKING AND

HUMAN TRAFFICKING

...

(e) Use of Certain Evidence in Other Proceedings

Any statement made by the child or information elicited from the child (1)

in connection with services provided pursuant to a referral under Code, Courts

Article, § 3-8A-17.13(b)(1)(iii) or (2) at a hearing pursuant to section (c) of this

Rule is inadmissible against the child in any proceeding except a hearing held

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

Cross reference: See Code, Family Law Article, § 5-704.4 pertaining to the Safe

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

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

believe that a child who has been detained is a victim of sex trafficking or

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

custodial interrogation of children.

Source: This Rule is new.

112

RULE 11-422

MARYLAND RULES OF PROCEDURE

TITLE 11 - JUVENILE CAUSES

CHAPTER 400 – DELINQUENCY AND CITATION PROCEEDINGS

AMEND Rule 11-422 by updating the terminology in the cross reference

following subsection (d)(1) and by making stylistic changes, as follows:

Rule 11-422. DISPOSITION HEARING AND ORDER

...

(d) Permitted Dispositions – Delinquency Petition

(1) Generally

In a proceeding based on a delinquency petition, the court may enter a

disposition authorized by Code, Courts Article, § 3-8A-19(d), (f), (g), (h), (i), or

(j), subject to the conditions and limitations set forth in those sections and in

Code, Courts Article, §§ 3-8A-19.6, 3-8A-22, 3-8A-24, and 3-8A-35.

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

the court's disposition generally. Subsection (f) of that section addresses the

guardian appointed under the section. Subsection (g) of that section addresses

placement of a child in an emergency facility on an emergency basis under

Code, Health-General Article, Title 10, Subtitle 6, Part IV. Subsections (h) and

(i) of that section address commitment of a child to the custody of the State

Department of Health for inpatient care and treatment in a State mental

hospital or State mental retardation facility facility for individuals with an

intellectual disability, respectively. Subsection (j) of that section addresses the

requirement that a commitment order issued under either subsection (h) or (i)

must require the State Department of Health to file certain progress reports.

...

113

RULE 11-423

MARYLAND RULES OF PROCEDURE

TITLE 11 - JUVENILE CAUSES

CHAPTER 400 – DELINQUENCY AND CITATION PROCEEDINGS

AMEND Rule 11-423 by updating the terminology in the cross reference

following section (c) and by making stylistic changes, as follows:

Rule 11-423. REVISORY POWER; POST-DISPOSITION HEARINGS

...

If the order sought to be modified or vacated committed the respondent to

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

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

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

the commitment of a child to the custody of the Department of Health for

inpatient care and treatment in a State mental hospital. Subsection (i) of that

statute addresses commitment of a child to the custody of the Department of

Health for inpatient care and treatment in a State mental retardation facility

facility for individuals with an intellectual disability. Subsection (j) of that

statute addresses the requirement that a commitment order issued under

either subsection (i) or (j) must require the Department of Health to file certain

progress reports.

...

114

RULE 15-1302

MARYLAND RULES OF PROCEDURE

TITLE 15 – OTHER SPECIAL PROCEEDINGS

CHAPTER 1300 – STRUCTURED SETTLEMENT TRANSFERS

AMEND Rule 15-1302 by updating the cross reference following

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

Rule 15-1302. PETITION FOR APPROVAL

...

In addition to any other necessary averments, the petition shall:

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

(A) a copy of the structured settlement agreement;

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

approving the structured settlement;

structured settlement agreement or, if any such annuity contract is not

available, a copy of a document from the annuity issuer or obligor evidencing

the payments payable under the annuity policy;

(D) a copy of the transfer agreement;

(E) a copy of any disclosure statement provided to the payee by the

transferee;

(F) a written Consent by the payee substantially in the form specified in

Rule 15-1303;

115

RULE 15-1302

Cross reference: For shielding requirements applicable to identifying

information contained in the payee's Consent, see Rule 16-915 (h)(i).

...

116

RULE 15-1601

MARYLAND RULES OF PROCEDURE

TITLE 15 – OTHER SPECIAL PROCEEDINGS

CHAPTER 1600 – DERIVATIVE ACTIONS

ADD new Rule 15-1601, as follows:

Rule 15-1601. DERIVATIVE ACTIONS

(a) Applicability

This Rule applies to a derivative action against a business entity to

enforce a right that properly may be asserted by that entity.

Cross reference: See Werbowsky v. Collomb, 362 Md. 581 (2001) pertaining to

corporations; Plank v. Cherneski, 469 Md. 548 (2020) and Code, Corporations

and Associations Article, Title 4A, Subtitle 8 pertaining to limited liability

companies; and Code, Corporations and Associations Article, Title 10, Subtitle

10 pertaining to limited partnerships.

(b) Complaint

Notwithstanding the provisions of Rule 2-304, the complaint shall state:

(1) facts supporting that the plaintiff is entitled to bring each derivative

cause of action on behalf of the business entity nominal defendant;

(2) that the plaintiff was so entitled at the time of the transaction or conduct

complained of and at the time the derivative action is brought, or that the

plaintiff’s entitlement devolved on the plaintiff by operation of law; and

(3) with particularity, (A) the attempts, if any, of the plaintiff to obtain the

desired action from the business entity, and, if known, the reasons the desired

action was not obtained, or (B) the reasons for not making an attempt to obtain

the desired action.

117

RULE 15-1601

Committee note: A court may consider the use of Rule 2-502 when

appropriate. See Bender v. Schwartz, 172 Md. App. 648 (2007).

The derivative action may be maintained only if it appears, under

applicable law, that the plaintiff fairly and adequately represents the interests

of the business entity in pursuing the derivative action.

(d) Settlement, Dismissal, and Compromise

Unless all equity holders consent to a proposed settlement, voluntary

dismissal, or compromise of the derivative action, a derivative action may be

settled, voluntarily dismissed, or compromised only with the court's approval,

after notice of the proposed settlement, voluntary dismissal, or compromise has

been given to all equity holders in the manner ordered by the court and an

opportunity for a hearing has been provided. Unless specified by the court, the

consent may be either in writing or on the record in open court.

(e) Fees and Costs

A court may award reasonable attorneys’ fees and costs as permitted by

law.

Cross reference: For the ability of the court to award attorneys’ fees and costs,

see Boland v. Boland, 423 Md. 296, 317 (2011) pertaining to corporations;

Code, Corporations and Associations Article, § 4A-804 pertaining to limited

liability companies; and Code, Corporations and Associations Article, § 101004, pertaining to limited partnerships.

Source: This Rule is new. It is derived in part from Fed. R. Civ. P. 23.1.

118

RULE 16-911

MARYLAND RULES OF PROCEDURE

TITLE 16 – COURT ADMINISTRATION

CHAPTER 900 – ACCESS TO JUDICIAL RECORDS

DIVISION 2 – LIMITATIONS ON ACCESS

AMEND Rule 16-911 by updating the tagline to section (f) and by adding

new subsection (f)(3), as follows:

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

(a) When Inspection Would be Contrary to Federal Law, Certain Maryland

Law, Maryland Rules, or Court Order

A custodian shall deny inspection of a judicial record or any part of a

judicial record if inspection would be contrary to:

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

regulation adopted under a Federal statute and that has the force of law;

(2) the Maryland Constitution;

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

Rules in this Chapter;

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

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

any higher court having jurisdiction over

(A) the judicial record,

(B) the custodian of the judicial record, or

119

RULE 16-911

(b) When Inspection Would be Contrary to Other Maryland Statutes

Unless inspection is otherwise permitted by the Rules in this Chapter, a

custodian shall deny inspection of a judicial record or any part of a judicial

record if inspection would be contrary to a statute enacted by the Maryland

General Assembly, other than the PIA, that expressly or by necessary

implication applies to a judicial record.

Unless otherwise ordered by a court, a custodian shall deny inspection of

a judicial record or part of a judicial record that, by law, is confidential or is

subject to an unwaived lawful privilege.

(d) Judicial or other Professional Work Product

A custodian shall deny inspection of a judicial record or part of a judicial

record that contains judicial or other professional work product.

(e) Record Subject to Expungement Order

A custodian shall deny inspection of a judicial record that has been

ordered expunged.

(f) Security of Judicial Facilities, Equipment, Operations, Personnel;

Protected Individuals and Information

A custodian shall deny inspection of:

(1) a continuity of operations plan; and

(2) judicial records or parts of judicial records that consist of or describe

policies, procedures, directives, or designs pertaining to the security or safety

120

RULE 16-911

of judicial facilities, equipment, operations, or personnel, or of the members of

the public while in or in proximity to judicial facilities or equipment; and

(3) judicial records or parts of judicial records created or maintained by the

Office of Information Privacy in relation to Code, Courts Article, Title 3,

Subtitles 23 and 24.

Cross reference: For an example of a statute enacted by the General Assembly

other than the PIA that restricts inspection of a case record, see Code, Criminal

Procedure Article, Title 10, Subtitle 3.

Committee note: Subsection (a)(5) of this Rule allows a court to seal a record

or otherwise preclude its disclosure. So long as a judicial record is under seal

or subject to an order precluding or limiting disclosure, it may not be disclosed

except in conformance with the court's order. The authority to seal a judicial

record must be exercised in conformance with the general policy of these Rules

and with supervening standards enunciated in decisions of the Supreme Court

of the United States and the Supreme Court of Maryland. See Baltimore Sun

Co. v. Colbert, 323 Md. 290 (1991).

Source: This Rule is derived from former Rule 16-906 (2019).

121

RULE 16-912

MARYLAND RULES OF PROCEDURE

TITLE 16 – COURT ADMINISTRATION

CHAPTER 900 – ACCESS TO JUDICIAL RECORDS

DIVISION 2 – LIMITATIONS ON ACCESS

AMEND Rule 16-912 by replacing the number “15” with the number “17”

in subsection (c)(2)(B) and by conforming the cross reference following

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

Rule 16-912. ACCESS TO NOTICE, SPECIAL JUDICIAL UNIT, LICENSE, AND

DOMESTIC PARTNERSHIP RECORDS

(a) Notice Records

Except as otherwise provided by statute, a custodian may not deny

inspection of a notice record that has been recorded and indexed by the clerk.

Cross reference: See Code, Real Property Article, § 3-111, precluding certain

personal information from being included in recordable documents after June

1, 2010 and providing for the redaction of such information if included.

(b) Special Judicial Unit Records

(1) Generally

Subject to unwaived lawful privileges and subsection (b)(2) of this Rule,

where a requested record falls within the confidentiality rules applicable to a

special judicial unit, access to the record is governed by the confidentiality

Rules applicable to that unit.

(2) Exception

122

RULE 16-912

Access to administrative records of special judicial units that are not

subject to a confidentiality provision in the Rules governing the unit shall be

governed by Rule 16-913.

Cross reference: See Rule 18-407, applicable to records and proceedings of the

Commission on Judicial Disabilities, the Judicial Inquiry Board, and

Investigative Counsel; Rule 19-105, applicable to the State Board of Law

Examiners, the Accommodation Review Committee, and the character

committees; and Rule 19-707, applicable to records and proceedings of the

Attorney Grievance Commission and Bar Counsel.

(1) Business License Records

Except as otherwise provided by the Rules in this Chapter, the right to

inspect business license records is governed by the applicable provisions of

Parts II, III, and IV of the PIA.

(2) Marriage License Records

A custodian shall deny inspection of the following records pertaining to a

marriage license:

(A) certificate of a physician or certified nurse practitioner filed pursuant to

Code, Family Law Article, § 2-301, attesting to the pregnancy of a child under

18 years of age who has applied for a marriage license; and

(B) until the license becomes effective, the fact that an application for a

license has been made, except to the parent or guardian of a minor party to be

married who is 15 17 years old or older.

Cross reference: See Code, Family Law Article, § 2-301, which lists the

conditions necessary to permit a 17-year-old minor between 15 and 17 years

old to legally marry and Code, Family Law Article, § 2-402(e), which permits

disclosure to a parent or guardian of such a minor prior to the license

becoming effective.

123

RULE 16-912

(d) Domestic Partnership Records

A custodian shall deny inspection of the portion of a declaration of

domestic partnership or declaration of termination that contains the home

address of either domestic partner.

Cross reference: See Code, Estates and Trusts Article, § 2-214(d)(3).

Source: This Rule is derived from former Rule 16-905 (2019).

124

RULE 16-914

MARYLAND RULES OF PROCEDURE

TITLE 16 – COURT ADMINISTRATION

CHAPTER 900 – ACCESS TO JUDICIAL RECORDS

DIVISION 2 – LIMITATIONS ON ACCESS

AMEND Rule 16-914 by adding new section (s), as follows:

Rule 16-914. CASE RECORDS – REQUIRED DENIAL OF INSPECTION –

CERTAIN CATEGORIES

Except as otherwise provided by law, court order, or the Rules in this

Chapter, the custodian shall deny inspection of:

...

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

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

...

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

administrative agency proceeding where the Administrative Agency Restricted

Information Statement indicates that the record contains restricted information

as defined by Rule 20-101 (s).

Cross reference: See Rules 7-206 and 7-206.1 pertaining to the record of an

administrative agency proceeding filed in an action for judicial review of an

administrative agency decision. For procedures to request an administrative

agency to provide access to public portions of the agency’s record of an

administrative agency proceeding, see Code, General Provisions Article, Title 4

(Public Information Act).

125

RULE 16-914

(s) Case records shielded pursuant to Code, Real Property Article, § 8-503

(failure to pay rent actions).

Source: This Rule is derived in part from former Rule 16-907 (2019), and is in

part new.

126

RULE 16-915

MARYLAND RULES OF PROCEDURE

TITLE 16 – COURT ADMINISTRATION

CHAPTER 900 – ACCESS TO JUDICIAL RECORDS

DIVISION 2 – LIMITATIONS ON ACCESS

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

information of a minor victim; by adding a cross reference following new section

(d); and by re-lettering sections (d) through (h) as (e) through (i), respectively, as

follows:

Rule 16-915. CASE RECORDS – REQUIRED DENIAL OF INSPECTION –

SPECIFIC INFORMATION

Except as otherwise provided by law, the Rules in this Chapter, or court

order, a custodian shall deny inspection of a case record or a part of a case

record that would reveal:

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

employment of an individual who reports the abuse of a vulnerable adult

pursuant to Code, Family Law Article, § 14-302.

(b) Except as provided in Code, General Provisions Article, § 4-331, the home

address, telephone number, and private e-mail address of an employee of the

State or a political subdivision of the State.

representative in a criminal action, juvenile delinquency action, or an action

under Code, Family Law Article, Title 4, Subtitle 5, who has requested, or as to

127

RULE 16-915

whom the State has requested, that such information be shielded. Such a

request may be made at any time, including in a victim notification request

form filed with the clerk or a request or petition filed under Rule 16-934.

(d) The name of a minor victim or any other information that could

reasonably be expected to identify a minor victim in a criminal action or a

juvenile delinquency action where the juvenile court waives jurisdiction.

Cross reference: See Code, Criminal Procedure Article, § 11-301(b).

(d)(e) The address, telephone number, and e-mail address of a witness in a

criminal or juvenile delinquency action, who has requested, or as to whom the

State has requested, that such information be shielded. Such a request may

be made at any time, including a request or petition filed under Rule 16-934.

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

individual.

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

financial information, or confidential geological or geophysical information.

(g)(h) Information about a person who has received a copy of a case record

containing information prohibited by Rule 1-322.1.

(h)(i) The address, telephone number, and e-mail address of a payee

contained in a Consent by the payee filed pursuant to Rule 15-1302 (c)(1)(F).

Cross reference: See Rule 16-934 (i) concerning information shielded upon a

request authorized by Code, Courts Article, Title 3, Subtitle 15 (peace orders) or

Code, Family Law Article, Title 4, Subtitle 5 (domestic violence) and in criminal

actions. For obligations of a filer of a submission containing restricted

information, see Rules 16-916 and 20-201.1.

Source: This Rule is derived from former Rule 16-908 (2019).

128

RULE 16-916

MARYLAND RULES OF PROCEDURE

TITLE 16 – COURT ADMINISTRATION

CHAPTER 900 – ACCESS TO JUDICIAL RECORDS

DIVISION 2 – LIMITATIONS ON ACCESS

AMEND Rule 16-916 by adding to subsection (b)(2) a provision

authorizing a person who is the subject of a case record to advise the custodian

that a case record contains information not subject to inspection and a

provision permitting the custodian to refer to a judge a question as to whether

information is subject to public inspection and by making stylistic changes, as

follows:

Rule 16-916. CASE RECORDS – PROCEDURES FOR COMPLIANCE

(a) Duty of Person Filing Record

(1) A person who files or authorizes the filing of a case record shall inform

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

any part of the case record, or any information contained in the case record is

confidential and not subject to inspection under the Rules in this Chapter.

(2) The custodian is not bound by the person's determination that a case

record, any part of a case record, or information contained in a case record is

not subject to inspection and shall permit inspection of a case record unless, in

the custodian's independent judgment, subject to review as provided in Rule

16-932, the case record is not subject to inspection.

(3) Notwithstanding subsection (a)(2) or (b)(2) of this Rule, a custodian may

129

RULE 16-916

rely on a person's failure to advise that a case record, part of a case record, or

information contained in a case record is not subject to inspection, and, in

default of such advice, the custodian is not liable for permitting inspe

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