# IN THE SUPREME COURT OF MARYLAND > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/court_rules%3Amd%3Ace26e7346a016559 ## Record - **Collection:** Court rules - **Document type:** Court rule ## Text IN THE SUPREME COURT OF MARYLAND 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 1 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 2 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. 3 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 4 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 5 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 6 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. 7 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. 8 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. (c) Effect on Common Law and Statutory Provisions 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. 9 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. 10 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 11 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. (c) No Fee for Filing Request 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 12 RULE 1-325 (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 13 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. (C) Order; Payment of Unwaived Prepaid Costs 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 14 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 15 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. 16 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 (c) and by changing the tagline to “Request for Reasonable Accommodation”; by 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 17 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 18 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; (C) remote participation by a party or witness in accordance with Title 21 of 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 19 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. 20 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: 21 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; (C) consider whether an accommodation would result in (i) a fundamental 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 22 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. 23 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. ... 24 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 25 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. 26 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 27 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. (c) Information A State's Attorney may file an information as permitted by Rule 4-201. Committee note: Nothing in section (b) of this Rule precludes the filing of an information in the District Court by a State's Attorney at any time, whether in lieu of the filing of a statement of charges or as an additional or superseding charging document after a statement of charges has been filed. (d) Indictment The circuit court shall file an indictment returned by a grand jury. (e) Identity of Minor Victim 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. 28 RULE 4-211 Section (c) is new. Section (d) is new. Section (e) is new. 29 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 30 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. 31 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. ... 32 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 33 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). (c) Obligations of the Parties (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: 34 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 35 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; 36 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 (C) the substance of any oral report and conclusion by the expert; and 37 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 (C) trying on clothing or other articles. (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 38 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 39 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 40 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. 41 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 ... (c) Obligations of the Parties (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. 42 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; 43 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. (C) prior criminal convictions, pending charges, or probationary status that 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; 44 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, 45 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 (C) the substance of any oral report and conclusion by the expert; (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 46 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 (C) other cases in which the in-custody witness testified, provided that the 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 47 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 (C) the substance of any oral report and conclusion by the expert; (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 48 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: 49 RULE 4-263 (A) providing fingerprints, photographs, handwriting exemplars, or voice exemplars; (B) appearing, moving, or speaking for identification in a lineup; or (C) trying on clothing or other articles. (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. 50 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 51 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 52 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. 53 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. 54 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. 55 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. 56 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). 57 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. 58 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. ... 59 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. 60 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. (c) “Verdict” Defined 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. 61 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. 62 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. 63 RULE 6-209 (c) Publication The register shall cause the notice to be published once in a newspaper of general circulation in the county of appointment. (d) Certificate of Publication Within 60 days after publication, the personal representative shall cause to be filed with the register a certification that the required newspaper notice has been published. Cross reference: Code, Estates and Trusts Article, §§ 7-103 and 5-604(b); Rule 6-401. 64 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. 65 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 Register of Wills on or before the day of (6 months from date of appointment), (year). All persons having any objection to the probate of the will of the decedent shall file their objections with the Register of Wills on or before the day of (6 months from date of appointment), (year). Any person having a claim against the decedent must present the claim to the undersigned personal representative or file it with the Register of Wills with a copy to the undersigned on or before the earlier of the following dates: (1) Six months from the date of the decedent's death, or (2) Two months after the personal representative mails or otherwise delivers to the creditor a copy of this published notice or other written notice, notifying the creditor that the claim will be barred unless the creditor presents the claims within two months from the mailing or other delivery of the notice. A claim not presented or filed on or before that date, or any extension provided by law, is unenforceable thereafter. Claim forms may be obtained from the Register of Wills. _______________________________________________________________ _______________________________________________________________ _______________________________________________________________ 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 66 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. 67 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. (c) Issuance of Summons Pursuant to Rule 1-321 (e), the clerk shall issue a summons to be served with the motion. (d) Service 68 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. 69 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 (C) if no other means of contact is available, and the Child Support 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; 70 RULE 9-202.1 (B) a method for demonstrating proof of service; (C) if the Child Support Administration is ordered to serve the non-moving 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 71 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. 72 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 73 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. 74 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. (c) Authority (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 75 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 76 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: 77 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 78 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 79 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; (C) an interview of the child, unless the custody evaluator determines and 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; 80 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; (C) employment verification; (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 81 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; 82 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. 83 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 84 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. 85 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 86 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 87 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 88 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. 89 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; (C) state the name, address, telephone number, and e-mail address, if available, of the guardian; (D) state whether the appointment of a guardian is solely due to a physical disability, and if not, the reason for the guardianship; (E) state (i) the amount of the guardian’s bond or that bond is waived and (ii) the date by which proof of any bond shall be filed with the court; Cross reference: See Rule 10-702 (a), requiring the bond to be filed before the guardian commences the performance of any fiduciary duties. (F) state the date by which any annual report of the guardian shall be filed; and 90 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. 91 RULE 10-108 Cross reference: See Rule 16-914 (e) and (i) and Rule 16-915 (e)(f). ... 92 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. 93 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; (C) a statement of how the alleged disabled person's medical circumstances will be harmed if the proceeding is not expedited; 94 RULE 10-201 (D) a descript [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/court_rules%3Amd%3Ace26e7346a016559. Public record. Not legal advice.