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R U L E S

O R D E R

This Court’s Standing Committee on Rules of Practice

and Procedure having submitted its Two Hundred and Sixth

Report to the Court, recommending adoption of proposed new

Rules 4-333.1, 5-617, 6-418, and 6-423; amendments to

current Rules 1-311, 2-644, 2-704, 3-513, 3-644, 3-722, 3731, 4-211, 4-216.1, 4-231, 4-253, 4-262, 4-263, 4-325, 4331, 4-345, 4-351, 4-601.1, 4-612, 5-611, 5-615, 6-107, 6209, 6-311, 6-411, 6-413, 6-416, 6-434, 6-455, 6-501, 9-206,

9-308, 10-108, 10-112, 10-202, 10-301, 14-204, 14-305, 15504, 15-1302, 16-109, 16-702, 16-913, 16-914, 16-915, 16934, 18-402, 18-404, 18-407, 18-425, 18-437, 19-202, 19-205,

19-206, 19-207, 19-210, 19-215, 19-216, 19-217, 19-801, and

20-107; and amendments to Forms 19-A.1 and Form 19-A.2 of

the Maryland Rules of Procedure, all as posted for comment

on the website of the Maryland Judiciary; and

The Rules Committee having submitted to the Court a

Supplement to the Two Hundred and Sixth Report dated

February 17, 2021 containing revisions to the proposed

amendments to Rule 4-325 and a clarification of the proposed

amendments to Rule 19-217, as posted 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 changes, it is this 30th day of March, 2021,

ORDERED, by the Court of Appeals of Maryland, that new

Rules 4-333.1, 5-617, 6-418, and 6-423 be, and they are

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

is further

ORDERED that amendments to Rules 1-311, 2-704, 3-513,

3-731, 4-211, 4-216.1, 4-231, 4-253, 4-262, 4-263, 4-325, 4331, 4-345, 4-351, 4-601.1, 4-612, 5-611, 5-615, 6-107, 6209, 6-311, 6-411, 6-413, 6-416, 6-434, 6-455, 6-501, 9-206,

9-308, 10-108, 10-112, 10-202, 10-301, 14-204, 15-504, 151302, 16-109, 16-702, 16-913, 16-914, 16-915, 16-934, 18402, 18-404, 18-407, 18-425, 18-437, 19-202, 19-205, 19-206,

19-207, 19-210, 19-215, 19-216, 19-217, 19-801, and 20-107;

and amendments to Forms 19-A.1 and Form 19-A.2 be, and they

are hereby, adopted in the form attached to this Order; and

it is further

ORDERED that the proposed amendments to Rules 2-644, 3644, 3-722, and 14-305 be, and they are hereby, remanded to

the Standing Committee on Rules of Practice and Procedure

for further study, and it is further

ORDERED that the 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 July 1, 2021 and, insofar as practicable, to all

actions then pending; and it is further

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

website of the Maryland Judiciary.

/s/ Mary Ellen Barbera

______________________________

Mary Ellen Barbera

/s/ Robert N. McDonald

______________________________

Robert N. McDonald

/s/ Shirley M. Watts

______________________________

Shirley M. Watts

/s/ Michele D. Hotten

______________________________

Michele D. Hotten

/s/ Joseph M. Getty

______________________________

Joseph M. Getty

/s/ Brynja M. Booth

______________________________

Brynja M. Booth

/s/ Jonathan Biran

______________________________

Jonathan Biran

Filed: March 30, 2021

Pursuant to Maryland Uniform Electronic Legal Materials Act

(§§ 10-1601 et seq. of the State Government Article) this document

is authentic.

/s/ Suzanne C. Johnson

__________________________

Clerk

Court of Appeals of Maryland

2021-03-30 11:52-04:00

Suzanne C. Johnson, Clerk

RULE 1-311

MARYLAND RULES OF PROCEDURE

TITLE 1 – GENERAL PROVISIONS

CHAPTER 300 – GENERAL PROVISIONS

AMEND Rule 1-311 (a) by altering a reference to the

identifying number attorney-filers must include in a signature,

as follows:

RULE 1-311.

(a)

SIGNING OF PLEADINGS AND OTHER PAPERS

Requirement

Every pleading and paper of a party represented by an

attorney shall be signed by at least one attorney who has been

admitted to practice law in this State and who complies with

Rule 1-312.

Every pleading and paper of a party who is not

represented by an attorney shall be signed by the party.

Every

pleading or paper filed shall contain (1) the signer’s address,

telephone number, facsimile number, if any, and e-mail address,

if any, and (2) if the pleading or paper is signed by an

attorney pursuant to Rule 20-107, the attorney’s Client

Protection Fund ID number identifying Attorney Number registered

with the Attorney Information System.

Committee note: The requirement that a pleading contain a

facsimile number, if any, and e-mail address, if any, does not

alter the filing or service rules or time periods triggered by

RULE 1-311

the entry of a judgment.

(2001).

See Blundon v. Taylor, 364 Md. 1

. . .

RULE 2-704

MARYLAND RULES OF PROCEDURE

TITLE 2 – CIVIL PROCEDURE – CIRCUIT COURT

CHAPTER 700 – CLAIMS FOR ATTORNEYS’ FEES AND RELATED EXPENSES

AMEND Rule 2-704 by allowing the court to order the

deferment of presentation of evidence in subsection (d)(1), as

follows:

RULE 2-704.

ATTORNEYS’ FEES ALLOWED BY CONTRACT AS AN ELEMENT

OF DAMAGES

(a)

Scope of Rule

This Rule applies to a claim for attorneys’ fees in an

action in a circuit court that are allowed by a contract as an

element of damages for breach of that contract.

It does not

apply to a claim for an award of attorneys’ fees to the

prevailing party pursuant to a fee-shifting provision in a

contract.

Cross reference: See Rule 2-705 for the procedure where a

contract provides for an award of attorneys’ fees to a

prevailing party in the litigation.

(b)

Pleading

RULE 2-704

A party who seeks attorneys’ fees from another party

pursuant to this Rule shall include a claim for such fees in the

party’s initial pleading or, if the grounds for such a claim

arise after the initial pleading is filed, in an amended

pleading filed promptly after the grounds for the claim arise.

(c)

Scheduling Conference and Order

If a claim for attorneys’ fees is made pursuant to this

Rule, unless the court orders otherwise, the court shall conduct

a scheduling conference in conformance with Rule 2-703 (c).

Committee note: Unlike a claim under Rule 2-703 based on feeshifting permitted by law, where attorneys’ fees are an element

of damages for breach of a contractual obligation, any award

must be included in the judgment entered on the breach of

contract claim. In complex cases, however, where the evidence

regarding attorneys’ fees is likely to be extensive, it may be

expedient to defer the presentation of such evidence and

resolution of that claim until after a verdict or finding by the

court establishing an entitlement to an award. See section (d)

of this Rule. In that event, the admonition in the Committee

note to Rule 2-703 (c) is especially critical--that, although

the verdict or findings on the underlying cause of action should

be docketed, no judgment should be entered thereon until the

claim for attorneys’ fees is resolved and can be included in the

judgment.

(d)

Presentation of Evidence

(1) Generally

Evidence in support of or in opposition to a claim for

attorneys’ fees under this Rule shall be presented in the

party’s case-in-chief unless the court orders otherwise, and

shall focus on the standards set forth in Rule 2-703 (f)(3) or

subsection (e)(4) of this Rule, as applicable.

RULE 2-704

(2) Judgment by Confession

If the party seeking attorneys’ fees has requested

judgment by confession pursuant to Rule 2-611, evidence

establishing entitlement to such fees and the reasonableness of

the amount requested shall be included in the affidavit required

by Rule 2-611 (a).

If judgment by confession is not entered or

is stricken and the action proceeds to trial, the evidence may

be submitted at trial in accordance with this Rule.

(e)

Determination of Award

(1) If No Award Permitted

If a verdict returned by a jury or findings made by the

court do not permit an award of attorneys’ fees, the court shall

include in its judgment on the underlying cause of action a

denial of such an award.

(2) Trial by Court

If the underlying cause of action is tried by the court,

the court shall determine whether an award of attorneys’ fees is

required or permitted.

If the court finds that an award is

required, it shall determine the amount.

If the court finds

that an award is permitted but not required, it shall determine

whether an award should be made and, if so, the amount thereof.

In determining the amount of an award, the court shall apply the

standards set forth in Rule 2-703 (f)(3) or subsection (e)(4) of

this Rule, as applicable.

RULE 2-704

(3) Trial by Jury

If the underlying cause of action is tried by a jury,

the jury, under appropriate instructions from the court, shall

determine, as part of its verdict, whether an award of

attorneys’ fees should be made to a party based on a breach of

the contract by another party and the amount of such an award.

If an award is made, on motion by any party affected by the

award, the court, applying the standards set forth in Rule 2-703

(f)(3) or subsection (e)(4) of this Rule, as applicable, shall

determine whether the amount of the award is reasonable and, if

not, shall modify the award accordingly.

This determination

does not preclude any other relief the court may grant under

Rules 2-532, 2-533, or 2-535.

Committee note: This subsection preserves to the jury, in a

breach of contract case where attorneys’ fees are part of the

alleged damages, the right to determine whether an award should

be made and, if so, in what amount, but preserves to the trial

court the right to determine whether the award is reasonable.

Under this approach, in the event of an appeal, the appellate

court will have available both the jury’s and the trial court’s

determination of reasonableness.

(4) Limited Evidence Permitted

If the claim for an award of attorneys’ fees does not

exceed the lesser of 15% of the principal amount found to be due

or $4,500, the court need not require evidence on all of the

factors set forth in Rule 2-703 (f)(3) if the party claiming the

award produces evidence otherwise sufficient to demonstrate that

RULE 2-704

the amount claimed is reasonable and does not exceed the amount

that the claiming party has agreed to pay that party’s attorney.

The evidence shall include at a minimum:

(A) a detailed description of the work performed, broken

down by hours or factions thereof expended on each task;

(B) the amount or rate charged or agreed to in writing by

the requesting party and the attorney; and

services.

Committee note: Section (e) follows the approach set forth in

Monmouth Meadows v. Hamilton, 416 Md. 325 (2010), for

contractual fee-shifting cases generally. Subsection (e)(4) is

intended to permit the court to excuse the need to consider all

of the Rule 2-703 (f)(3) factors where the claim for attorneys’

fees does not exceed the lesser of 15% of the amount due or

$4,500. Fees in those limited amounts are common in consumer

transactions and have been found reasonable by the General

Assembly in some of those settings. See Code, Commercial Law

Article, §§ 12-307.1 (Consumer Loans) and 12-623 (Retail

Installment Sales).

(f)

Part of Judgment

An award of attorneys’ fees shall be included in the

judgment on the underlying cause of action but shall be

separately stated.

Source:

This Rule is new.

RULE 3-513

MARYLAND RULES OF PROCEDURE

TITLE 3 – CIVIL PROCEDURE – DISTRICT COURT

CHAPTER 500 – TRIAL

AMEND Rule 3-513 to delete subsection (c)(6), as follows:

RULE 3-513. TESTIMONY TAKEN BY TELEPHONE

(a)

When Testimony Taken by Telephone Allowed; Applicability

A court may allow the testimony of a witness to be taken

by telephone (1) upon stipulation by the parties or (2) subject

to sections (d) and (e) of this Rule, on motion of a party to

the action and for good cause shown. This Rule applies only to

testimony by telephone and does not preclude testimony by other

remote means allowed by law or, with the approval of the court,

agreed to by the parties.

Cross reference: For an example of testimony by other means

allowed by law, see Code, Family Law Article, § 9.5-110.

(b)

Time for Filing Motion

Unless for good cause shown the court allows the motion

to be filed later, a motion to take the testimony of a witness

by telephone shall be filed at least 30 days before the trial or

hearing at which the testimony is to be offered.

(c)

Contents of Motion

RULE 3-513

The motion shall state the witness's name and, unless

excused by the court:

(1) address and telephone number for the witness;

(2) the subject matter of the witness's expected testimony;

(3) the reasons why testimony taken by telephone should be

allowed, including any circumstances listed in section (d) of

this Rule;

(4) the location from which the witness will testify; and

(5) whether there will be any other individual present in

the room with the witness while the witness is testifying and,

if so, the reason for the individual's presence and the

individual's name, if known.; and

(6) whether transmission of the witness's testimony will be

from a wired handset, a wireless handset connected to the

landline, or a speaker phone.

(d)

Good Cause

A court may find that there is good cause to allow the

testimony of a witness to be taken by telephone if:

(1) the witness is otherwise unavailable to appear because

of age, infirmity, or illness;

(2) personal appearance of the witness cannot be secured by

subpoena or other reasonable means;

(3) a personal appearance would be an undue hardship to the

witness; or

RULE 3-513

(4) there are any other circumstances that constitute good

cause for allowing the testimony of the witness to be taken by

telephone.

Committee note: This section applies to the witness's

unavailability to appear personally in court, not to the

witness's unavailability to testify.

(e)

When Testimony Taken by Telephone Is Prohibited

If a party objects, a court shall not allow the testimony

of a witness to be taken by telephone unless the court finds

that:

(1) the witness is not a party and will not be testifying as

an expert;

(2) the demeanor and credibility of the witness are not

likely to be critical to the outcome of the proceeding;

(3) the issue or issues about which the witness is to

testify are not likely to be so determinative of the outcome of

the proceeding that the opportunity for face-to-face crossexamination is needed;

(4) a deposition taken under these Rules is not a fairer way

to present the testimony;

(5) the exhibits or documents about which the witness is to

testify are not so voluminous that testimony by telephone is

impractical;

(6) adequate facilities for taking the testimony by

telephone are available;

RULE 3-513

(7) failure of the witness to appear in person is not likely

to cause substantial prejudice to a party; and

(8) no other circumstance requires the personal appearance

of the witness.

(f)

Use of Deposition

A deposition of a witness whose testimony is received by

telephone may be used by any party for any purpose for which the

deposition could have been used had the witness appeared in

person.

(g)

Costs

Unless the court orders otherwise for good cause, all

costs of testimony taken by telephone shall be paid by the

movant and may not be charged to any other party.

Source: This Rule is new.

RULE 4-211

MARYLAND RULES OF PROCEDURE

TITLE 4– CRIMINAL CAUSES

CHAPTER 200 – PRETRIAL PROCEDURES

AMEND Rule 4-211 by adding a sentence to section (a) to

provide that certain electronic data is to be regarded as the

original of a citation, as follows:

RULE 4-211.

(a)

FILING OF CHARGING DOCUMENT

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.

. . .

Source:

This Rule is derived as follows:

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

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

Section (c) is new.

Section (d) is new.

RULE 4-216.1

MARYLAND RULES OF PROCEDURE

TITLE 4 – CRIMINAL CAUSES

CHAPTER 200 – PRETRIAL PROCEDURES

AMEND Rule 4-216.1 to include the definition of a pretrial

risk scoring instrument, to add two cross references, to update

section numbering, and to make language consistent throughout

the Rule, as follows:

RULE 4-216.1.

(a)

PRETRIAL RELEASE--STANDARDS GOVERNING

Definitions

The following definitions apply in this Rule:

. . .

(5) Pretrial Risk Scoring Instrument

“Pretrial risk scoring instrument” means a tool, a

metric, an algorithm, or software that is used to assist in

determining the eligibility of a defendant for pretrial release

in a pretrial proceeding based on the defendant’s flight risk

and threat to community safety.

Cross reference:

See Code, Criminal Procedure, § 5-103.

(5)(6) Release on Personal Recognizance

“Release on personal recognizance” means a release,

without the requirement of a bond, based on a written promise by

RULE 4-216.1

the defendant (A) to appear in court when required to do so, (B)

to commit no criminal offense while on release, and (C) to

comply with all other conditions imposed by the judicial officer

pursuant to this Rule, Rule 4-216.2, or by other law while on

release.

Committee note: The principal differences between a personal

recognizance and a bond are that the former does not provide for

payment of a penalty sum if the defendant fails to appear when

required and is not subject to any financial conditions.

(6)(7) Special Condition

“Special condition” means a condition of release

required by a judicial officer, other than the conditions that

the defendant appear in court when required to do so and commit

no criminal offense while on release.

(7)(8) Special Condition of Release with Financial Terms

“Special condition of release with financial terms”

means the requirement of collateral security or the guarantee of

the defendant’s appearance by a compensated surety as a

condition of the defendant’s release.

The term does not include

(A) an unsecured bond by the defendant or (B) the cost

associated with a service that is a condition of release and is

affordable by the defendant or waived by the court.

Committee note: Examples of a condition of release that is not

a special condition of release with financial terms are

participation in an ignition interlock program, use of an

alcohol consumption monitoring system, and GPS monitoring.

(8)(9) Surety

RULE 4-216.1

“Surety” means a person other than the defendant who, by

executing a bond, guarantees the appearance of the defendant and

includes an uncompensated or accommodation surety.

(9)(10) Surety Insurer

“Surety insurer” means a person in the business of

becoming, either directly or through an agent, a surety on a

bond for compensation.

(10)(11) Uncompensated Surety

“Uncompensated surety” means an accommodation surety who

does not charge or receive compensation for acting as a surety

for the defendant.

. . .

(f)

Consideration of Factors

(1) Recommendation of Pretrial Release Services Program

In determining whether a defendant should be released

and the conditions of release, the judicial officer shall give

consideration to the recommendation of any pretrial release

services program that has made a risk assessment of the

defendant in accordance with a validated risk assessment tool

pretrial risk scoring instrument and is willing to provide an

acceptable level of supervision over the defendant during the

period of release if so directed by the judicial officer.

Cross reference: For validation requirements for pretrial risk

scoring instruments, see Code, Criminal Procedure, § 5-103 (b).

RULE 4-216.1

(2) Other Factors

In addition to any recommendation made in accordance

with subsection (f)(1) of this Rule, the judicial officer shall

consider the following factors:

(A) the nature and circumstances of the offense charged,

the nature of the evidence against the defendant, and the

potential sentence upon conviction;

(B) the defendant’s prior record of appearance at court

proceedings or flight to avoid prosecution or failure to appear

at court proceedings;

history, financial resources, reputation, character and mental

condition, length of residence in the community, and length of

residence in this State;

(D) any request made under Code, Criminal Procedure

Article, § 5-201 (a) for reasonable protections for the safety

of an alleged victim;

(E) any recommendation of an agency that conducts pretrial

release investigations;

(F) any information presented by the State’s Attorney and

any recommendation of the State’s Attorney;

(G) any information presented by the defendant or

defendant’s attorney;

RULE 4-216.1

(H) the danger of the defendant to an alleged victim,

another person, or the community;

(I) the danger of the defendant to himself or herself; and

(J) any other factor bearing on the risk of a willful

failure to appear and the safety of each alleged victim, another

person, or the community, including all prior convictions and

any prior adjudications of delinquency that occurred within

three years of the date the defendant is charged as an adult.

. . .

RULE 4-231

MARYLAND RULES OF PROCEDURE

TITLE 4– CRIMINAL CAUSES

CHAPTER 200 – PRETRIAL PROCEDURES

AMEND Rule 4-231 to update references in section (d) and to

add a new section (e) pertaining to electronic proceedings in

the circuit courts, as follows:

RULE 4-231.

PRESENCE OF DEFENDANT

. . .

(d)

Video Conferencing in District Court

In the District Court, if the Chief Judge of the District

Court has approved the use of video conferencing in the county,

a judicial officer may conduct an initial appearance under Rule

4-213(a) or a review of the commissioner’s pretrial release

determination under Rule 4-216.1 4-216.2 with the defendant and

the judicial officer at different locations, provided that:

(1) the defendant’s right to counsel under Rules 4-213.1 and

4-216.1 4-216.2 is not infringed;

(2) the video conferencing procedure and technology are

approved by the Chief Judge of the District Court for use in the

county; and

RULE 4-231

(3) immediately after the proceeding, all documents that are

not a part of the District Court file and that would be a part

of the file if the proceeding had been conducted face-to-face

shall be electronically transmitted or hand-delivered to the

District Court.

(e)

Electronic Proceedings in Circuit Court

A circuit court may conduct an initial appearance under

Rule 4-213 (c) or a review of the District Court’s release

determination in accordance with the procedures set forth in

Rule 2-804 and the standards and requirements set forth in Rule

2-805 relating to remote electronic participation, provided that

(1) the defendant’s right to an attorney is not infringed, (2)

the defendant’s right to a qualified interpreter under Code,

Criminal Procedure Article, § 1-202 is not infringed, and (3) to

the extent required by law and practicable, any victim or

victim’s representative has been notified of the proceeding and

has an opportunity to observe it.

Committee note: Except when specifically covered by this Rule,

the matter of presence of the defendant during any stage of the

proceedings is left to case law and the Rule is not intended to

exhaust all situations.

Source: Sections (a), (b), and (c) of this Rule are derived

from former Rule 724 and M.D.R. 724. Section Sections (d) and

(e) is are new.

RULE 4-253

MARYLAND RULES OF PROCEDURE

TITLE 4 – CRIMINAL CAUSES

CHAPTER 200 – PRETRIAL PROCEDURES

AMEND Rule 4-253 to add a cross reference after section

(c), as follows:

Rule 4-253.

JOINT OR SEPARATE TRIALS

. . .

(c)

Prejudicial Joinder

If it appears that any party will be prejudiced by the

joinder for trial of counts, charging documents, or defendants,

the court may, on its own initiative or on motion of any party,

order separate trials of counts, charging documents, or

defendants, or grant any other relief as justice requires.

Cross reference: See Hemming v. State, 469 Md. 219 (2020),

holding that Maryland Rule 4-253 (c) does not grant a trial

court the discretion to hold a bifurcated hybrid trial procedure

split between two factfinders.

. . .

RULE 4-263

MARYLAND RULES OF PROCEDURE

TITLE 4 – CRIMINAL CAUSES

CHAPTER 200 – PRETRIAL PROCEDURES

AMEND Rule 4-263 by adding a cross reference after

subsection (d)(6)(B), by adding to subsection (d)(7)(B) a

requirement that the State’s Attorney disclose certain

information to the defense regarding pretrial identifications

involving participation by law enforcement agency personnel, and

by adding a Committee note after section (n), as follows:

Rule 4-263.

(a)

DISCOVERY IN CIRCUIT COURT

Applicability

This Rule governs discovery and inspection in a circuit

court.

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)(A). See

Rule 4-301 (c).

. . .

(d)

Disclosure by the State’s Attorney

Without the necessity of a request, the State’s Attorney

shall provide to the defense:

(1) Statements

RULE 4-263

All written and all oral statements of the defendant and

of any co-defendant 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;

(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;

RULE 4-263

(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.

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;

(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

RULE 4-263

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

evidence indicating compliance or non-compliance with the

RULE 4-263

requirements of Code, Public Safety Article, §§ 3-506 and 3506.1;

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

expert;

(9) Evidence for Use at Trial

The opportunity to inspect, copy, and photograph all

documents, computer-generated evidence as defined in Rule 2504.3 (a), recordings, photographs, or other tangible things

that the State’s Attorney intends to use at a hearing or at

trial; and

(10) Property of the Defendant

RULE 4-263

The opportunity to inspect, copy, and photograph all

items obtained from or belonging to the defendant, whether or

not the State’s Attorney intends to use the item at a hearing or

at trial.

. . .

(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 testimony to which the undisclosed matter relates,

grant a reasonable continuance, prohibit the party from

introducing in evidence the matter not disclosed, grant a

mistrial, or enter any other order appropriate under the

circumstances. The failure of a party to comply with a discovery

obligation in this Rule does not automatically disqualify a

witness from testifying. If a motion is filed to disqualify the

witness's testimony, disqualification is within the discretion

of the court.

Committee note: When testimony of an in-custody witness is

offered, the Court, at the request of a defendant, shall conduct

a hearing to ensure that the State’s Attorney has disclosed all

material and information related to the in-custody witness as

required by law. See Code, Courts Article, § 10-924.

. . .

RULE 4-325

MARYLAND RULES OF PROCEDURE

TITLE 4 – CRIMINAL CAUSES

CHAPTER 300 – TRIAL AND SENTENCING

AMEND Rule 4-325 to add new section (e) requiring the

court, upon request, to instruct a jury as to consideration of

certain evidence if pretrial eyewitness identification evidence

is admitted, to add a Committee note and cross reference after

section (e), and to make conforming amendments to subsequent

sections, as follows:

Rule 4-325.

(a)

INSTRUCTIONS TO THE JURY

When Given

The court shall give instructions to the jury at the

conclusion of all the evidence and before closing arguments and

may supplement them at a later time when appropriate.

discretion the court may also give opening and interim

instructions.

(b)

Written Requests

In its

RULE 4-325

The parties may file written requests for instructions at

or before the close of the evidence and shall do so at any time

fixed by the court.

(c)

How Given

The court may, and at the request of any party shall,

instruct the jury as to the applicable law and the extent to

which the instructions are binding.

The court may give its

instructions orally or, with the consent of the parties, in

writing instead of orally.

The court need not grant a requested

instruction if the matter is fairly covered by instructions

actually given.

(d)

Reference to Evidence

In instructing the jury, the court may refer to or

summarize the evidence in order to present clearly the issues to

be decided.

In that event, the court shall instruct the jury

that it is the sole judge of the facts, the weight of the

evidence, and the credibility of the witnesses.

(e)

Eyewitness Identification

If pretrial eyewitness identification evidence obtained

with the participation of personnel from a law enforcement

agency has been admitted, the court, upon request, shall

instruct the jury, as relevant, that, in considering the

reliability of the identification, the jury shall consider

evidence of:

RULE 4-325

(1) whether there was compliance with the requirements of

Code, Public Safety Article, §§ 3-506 and 3-506.1; and

(2) any other factor that reasonably may bear on the

reliability of the identification.

Committee note: Subsection (e)(1) of this Rule directs a trial

court, upon request, to instruct the jury that, in determining

whether a challenged pretrial eyewitness identification obtained

with the participation of law enforcement personnel is reliable,

it shall consider whether there was compliance with the

requirements of Code, Public Safety Article, §§ 3-506 and 3506.1. Subsection (e)(2) is a catchall provision that directs

the court to instruct the jury that it may consider any other

factors that reasonably may affect the reliability of a pretrial

eyewitness identification but does not require an instruction on

whether any particular factor may have that effect.

Cross reference: For jury instructions pertaining to eyewitness

identifications recommended by the Maryland Pattern Jury

Instruction Committee of the Maryland State Bar Association,

Inc., see Maryland Pattern Jury Instruction MPJI-CR 3:30.

(e)(f) Objection

No party may assign as error the giving or the failure to

give an instruction unless the party objects on the record

promptly after the court instructs the jury, stating distinctly

the matter to which the party objects and the grounds of the

objection.

Upon request of any party, the court shall receive

objections out of the hearing of the jury.

An appellate court,

on its own initiative or on the suggestion of a party, may

however take cognizance of any plain error in the instructions,

material to the rights of the defendant, despite a failure to

object.

RULE 4-325

(f)(g) Argument

Nothing in this Rule precludes any party from arguing

that the law applicable to the case is different from the law

described in the instructions of the court stated not to be

binding.

Source:

This Rule is derived as follows:

Section (a) is derived from former Rule 757 d.

Section (b) is derived from former Rule 757 a.

Section (c) is derived from former Rule 757 b.

Section (d) is derived from former Rule 757 c.

Section (e) is new.

Section (e)(f) is derived from former Rule 757 f and h.

Section (f)(g) is derived from former Rule 757 g.

RULE 4-331

MARYLAND RULES OF PROCEDURE

TITLE 4 – CRIMINAL CAUSES

CHAPTER 300 – TRIAL AND SENTENCING

AMEND Rule 4-331 to delete subsection (b)(2) regarding

motions filed pursuant to Code, Criminal Procedure Article, § 8302 and to re-letter subsections (b)(1)(A) and (b)(1)(2) as

(b)(1) and (b)(2), as follows:

RULE 4-331.

(a)

MOTIONS FOR NEW TRIAL; REVISORY POWER

Within Ten Days of Verdict

On motion of the defendant filed within ten days after a

verdict, the court, in the interest of justice, may order a new

trial.

Cross reference: For the effect of a motion under this section

on the time for appeal see Rules 7-104(b) and 8-202(b).

(b)

Revisory Power

(1) Generally

The court has revisory power and control over the

judgment to set aside an unjust or improper verdict and grant a

new trial:

(A)(1) in the District Court, on motion filed within 90 days

after its imposition of sentence if an appeal has not been

perfected;

RULE 4-331

(B)(2) in the circuit courts, on motion filed within 90 days

after its imposition of sentence.

Thereafter, the court has

revisory power and control over the judgment in case of fraud,

mistake, or irregularity.

(2) Act of Prostitution While Under Duress

On motion filed pursuant to Code, Criminal Procedure

Article, § 8-302, the court has revisory power and control over

a judgment of conviction of prostitution to vacate the judgment,

modify the sentence, or grant a new trial.

. . .

RULE 4-333.1

MARYLAND RULES OF PROCEDURE

TITLE 4 – CRIMINAL CAUSES

CHAPTER 300 – TRIAL AND SENTENCING

ADD NEW Rule 4-333.1, as follows:

RULE 4-333.1.

MOTION TO VACATE JUDGMENT OF CONVICTION OF HUMAN

TRAFFICKING VICTIM

(a)

Scope

This Rule applies to a motion to vacate a judgment of

conviction filed by an individual convicted of a qualifying

offense pursuant to Code, Criminal Procedure Article, § 8-302 if

the individual’s participation in the offense was a direct

result of being a victim of human trafficking.

(b)

Content

The motion shall:

(1) be in writing; and

(2) describe the evidence and include copies of any

documents showing that the movant is entitled to relief under

Code, Criminal Procedure Article, § 8-302.

(c)

Notice

The motion shall be:

RULE 4-333.1

(1) served on the State’s Attorney for the jurisdiction

where the conviction for the qualifying offense occurred; and

(2) if the qualifying offense occurred within five years

before the filing of the motion, mailed to any victim’s or

victim’s representative’s last known address.

(d)

Disposition without a hearing

(1) The Court may dismiss a motion filed under this section

without a hearing if:

(i) The motion fails to assert grounds on which relief may

be granted;

(ii) The motion offers no additional evidence beyond that

which has previously been considered by the Court; or

(iii) The movant acted fraudulently or in bad faith in

filing the motion.

(2) The Court may grant a motion filed under this section

without a hearing if:

(i) The State’s Attorney consents to the motion;

(ii) No objection has been filed by a victim or victim’s

representative; and

(iii) At least 60 days have elapsed since notice and

service of the motion.

(e)

Disposition

The Court may grant a motion filed under this section on

finding by a preponderance of the evidence that the movant’s

RULE 4-333.1

participation in the qualifying offense was a direct result of

being a victim of human trafficking.

reasons for its ruling on the record.

The court shall state the

RULE 4-345

MARYLAND RULES OF PROCEDURE

TITLE 4 – CRIMINAL CAUSES

CHAPTER 300 – TRIAL AND SENTENCING

AMEND Rule 4-345 to delete a portion of a cross reference,

as follows:

RULE 4-345.

SENTENCING – REVISORY POWER OF COURT

...

(f)

Open Court Hearing

The court may modify, reduce, correct, or vacate a

sentence only on the record in open court, after hearing from

the defendant, the State, and from each victim or victim’s

representative who requests an opportunity to be heard.

The

defendant may waive the right to be present at the hearing.

hearing shall be held on a motion to modify or reduce the

sentence until the court determines that the notice requirements

in subsection (e)(2) of this Rule have been satisfied.

If the

court grants the motion, the court ordinarily shall prepare and

file or dictate into the record a statement setting forth the

reasons on which the ruling is based.

Cross reference: See Code, Criminal Procedure Article, § 8-302,

which allows the court to vacate a judgment, modify a sentence,

RULE 4-345

or grant a new trial for an individual convicted of prostitution

if, when the crime was committed, the individual was acting

under duress caused by the act of another committed in violation

of Code, Criminal Law Article, § 11-303, the prohibition against

human trafficking. See Code, Criminal Law Article, § 5-609.1

regarding an application to modify a mandatory minimum sentence

imposed for certain drug offenses prior to October 1, 2017, and

for procedures relating thereto.

. . .

RULE 4-351

MARYLAND RULES OF PROCEDURE

TITLE 4 – CRIMINAL CAUSES

CHAPTER 300 – TRIAL AND SENTENCING

AMEND Rule 4-351, as follows:

RULE 4-351.

COMMITMENT RECORD

. . .

(b)

Effect of Error

An omission or error in the commitment record or other

failure to comply with this Rule does not invalidate

imprisonment after conviction.

The commitment record may be

corrected at any time upon motion, or, after notice to the

parties and an opportunity to object, on the Court’s own

initiative.

Cross-reference: See Bratt v. State, 468 Md. 481 (2020) for a

discussion of the Court’s power to correct the commitment record

after sentencing.

. . .

RULE 4-601.1

MARYLAND RULES OF PROCEDURE

TITLE 4– CRIMINAL CAUSES

CHAPTER 600 – CRIMINAL INVESTIGATIONS AND MISCELLANEOUS

PROVISIONS

AMEND Rule 4-601.1 to retitle the Rule, to amend language

in section (a), to delete references to Code, Courts Article §

10—4B-03 in sections (a) and (c), to edit the heading of section

(c), and to add new section (d) clarifying that the Rule does

not apply to applications for orders under Code, Courts and

Judicial Proceedings, § 10-408, as follows:

RULE 4-601.1.

PEN REGISTERS AND TRAP AND TRACE DEVICES

APPLICATION FOR LAW ENFORCEMENT COURT ORDER

(a)

Application for Order

Application Subject to section (d) of this Rule, an

application for a court order under Code, Courts Article § 104B-03 authorized by law to be presented ex parte by a law

enforcement officer to a judge may be made either presented in

person or by transmission of the application to the judge by

secure and reliable electronic mail that permits the judge to

print the complete text of the documents.

If the documents are

transmitted electronically, the application and proposed order

RULE 4-601.1

shall be sent in an electronic text format approved by the State

Court Administrator, and the judge shall retain a copy of the

application.

(b)

Signature on Application

The signature required on the application may be hand-

signed or signed electronically.

(c)

Order Authorizing Installation and Use

A court order issued pursuant to Code, Courts Article, §

10-4B-04, this Rule may be hand-signed or signed electronically

by the issuing judge and may be transmitted to the applicant by

secure and reliable electronic mail that permits the applicant

to print the complete text of the order and the signature of the

judge.

(d)

Wiretap Applications

This Rule does not apply to an application for an order

authorizing the interception of a wire, oral, or electronic

communication under Code, Courts Article, § 10-408.

Source:

This Rule is new.

RULE 4-612

MARYLAND RULES OF PROCEDURE

TITLE 4 – CRIMINAL CAUSES

CHAPTER 600 – CRIMINAL INVESTIGATIONS AND MISCELLANEOUS

PROVISIONS

AMEND Rule 4-612 to include cell site simulators in the

title and section (b) of the Rule, as follows:

RULE 4-612.

ORDER FOR CELL SITE SIMULATOR OR ELECTRONIC DEVICE

LOCATION INFORMATION

(a)

Definitions

The definitions in Code, Criminal Procedure Article, § 1-

203.1 (a) apply in this Rule.

(b)

Issuance of Order

A court may issue an order authorizing or directing a law

enforcement officer to use a cell site simulator or obtain location

information from an electronic device if there is probable cause

to believe that a misdemeanor or felony has been or will be

committed by the owner or user of the electronic device or by an

individual about whom the information sought by the cell site

simulator or the location information is being sought, and the

information sought by the cell site simulator or the location

information being sought (1) is evidence of or will lead to

RULE 4-612

evidence of the misdemeanor or felony being investigated or (2)

will lead to the apprehension of an individual for whom an arrest

warrant has been previously issued. The application for the order,

the order issued, and the notice of the order shall conform to the

requirements of Code, Criminal Procedure Article, § 1-203.1.

Source:

This Rule is new.

RULE 5-611

MARYLAND RULES OF PROCEDURE

TITLE 5 – EVIDENCE

CHAPTER 600 – WITNESSES

AMEND Rule 5-611 (a) to include a cross-reference to the

Court Dog and Child Witness Program, as follows:

Rule 5-611. MODE AND ORDER OF INTERROGATION AND PRESENTATION:

CONTROL BY COURT; SCOPE OF CROSS-EXAMINATION; LEADING QUESTIONS

(a)

Control by Court

The court shall exercise reasonable control over the mode

and order of interrogating witnesses and presenting evidence so

as to (1) make the interrogation and presentation effective for

the ascertainment of the truth, (2) avoid needless consumption

of time, and (3) protect witnesses from harassment or undue

embarrassment.

Cross reference: For the Court Dog and Child Witness Program,

see Code, Courts Article, § 9-501.

. . .

RULE 5-615

MARYLAND RULES OF PROCEDURE

TITLE 5 – EVIDENCE

CHAPTER 600 – WITNESSES

AMEND Rule 5-615 (c) to include a cross-reference to the

Court Dog and Child Witness Program, as follows:

Rule 5-615. EXCLUSION OF WITNESSES

. . .

(c)

Permissive Non-Exclusion

The court may permit a child witness’s parents or another

person having a supportive relationship with the child to remain

in court during the child’s testimony.

Cross reference: For the Court Dog and Child Witness Program,

see Code, Courts Article, § 9-501.

RULE 5-617

MARYLAND RULES OF PROCEDURE

TITLE 5 – EVIDENCE

CHAPTER 600 - WITNESSES

Add new Rule 5-617, as follows:

Rule 5-617.

(a)

PRETRIAL EYEWITNESS IDENTIFICATION EVIDENCE

Applicability

This Rule applies to evidence of an eyewitness

identification obtained pretrial with the participation by

personnel from a law enforcement agency that is offered over

objection in a criminal case.

Upon request of a party, this

Rule may be applied in a civil case if relevant and appropriate

to do so.

(b)

Code Requirements

In determining whether eyewitness identification evidence

is admissible, the court shall consider whether there was

compliance with the requirements of Code, Public Safety Article,

§§ 3-506 and 3-506.1.

Cross reference:

Source:

See Small v. State, 464 Md. 68 (2019).

This Rule is new.

RULE 6-107

MARYLAND RULES OF PROCEDURE

TITLE 6 - SETTLEMENT OF DECEDENTS’ ESTATES

CHAPTER 100 – GENERAL PROVISIONS

AMEND Rule 6-107 by rewording a cross reference, as

follows:

Rule 6-107.

(a)

EXTENSION OF TIME

By Request to Register or Court

The court or the register, upon written request, may

extend to a specified date the time for filing an inventory

(Rule 6-402), an information report (Rule 6-404), an application

to fix inheritance tax on non-probate assets (Rule 6-405), or an

account (Rule 6-417). The request may be made ex parte.

(b)

By Petition

Except as otherwise provided in this section, when these

rules, an order of court, or other law require or allow an act

to be done at or within a specified time, the court, upon

petition filed pursuant to Rule 6-122 and for good cause shown,

may extend the time to a specified date. The court may not

extend the time for filing a claim, a caveat, or a notice of

appeal or for taking any other action where expressly prohibited

by rule or statute.

RULE 6-107

Cross reference: Code, Estates and Trusts Article, §§ 5-304 and

5-406. For extension of time to elect statutory to take a

spousal elective share, see Rule 6-411. For extension of time to

file a final report and make distribution in a modified

administration, see Rule 6-456.

RULE 6-209

MARYLAND RULES OF PROCEDURE

TITLE 6 - SETTLEMENT OF DECEDENTS’ ESTATES

CHAPTER 200 - SMALL ESTATE

AMEND Rule 6-209 by removing a clause in the form notice in

section (a) referring to the statutory deadline for deaths

occurring prior to October 1, 1992, as follows:

Rule 6-209.

(a)

NOTICE OF APPOINTMENT

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

RULE 6-209

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.

Further information can be obtained by reviewing the estate

file in the office of the Register of Wills or by contacting the

personal representative or the attorney.

All persons having any objection to the appointment 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:

RULE 6-209

(1) Six months from the date of the decedent’s death, except

if the decedent died before October 1, 1992, nine 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

________________________________________________________________

. . .

RULE 6-311

MARYLAND RULES OF PROCEDURE

TITLE 6 - SETTLEMENT OF DECEDENTS’ ESTATES

CHAPTER 300 – OPENING ESTATES

AMEND Rule 6-311 by removing a clause in the form notice in

section (a) referring to the statutory deadline for deaths

occurring prior to October 1, 1992, as follows:

Rule 6-311.

(a)

NOTICE OF APPOINTMENT

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. _____

RULE 6-311

TO ALL PERSONS INTERESTED IN THE ESTATE OF ____________________.

Notice is given that

(name and address)

was on

(date)

appointed personal representative of the estate of _____________

who died on

(date)

, (with) (without) a will.

Further information can be obtained by reviewing the estate file

in the office of the Register of Wills or by contacting the

personal representative or the attorney.

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

probate of the decedent’s will) shall file their objections with

the Register of Wills on or before the __________ day of

(6 months from date of appointment),

(year)

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, except if

the decedent died before October 1, 1992, nine 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

RULE 6-311

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:

________________________________________________________________

. . .

RULE 6-411

MARYLAND RULES OF PROCEDURE

TITLE 6 - SETTLEMENT OF DECEDENTS’ ESTATES

CHAPTER 400 - ADMINISTRATION OF ESTATES

AMEND Rule 6-411 by changing the title of the Rule, by

changing references from “statutory share” to “elective share,”

by specifying where an election is to be filed, by adding a

reference to the code section in the form of election, by

altering forms to allow for an unrepresented party to provide

contact information, by adding subsection (a)(2) to allow a

specifically authorized guardian or agent to make the election

with certain notice requirements, by allowing the guardian or

agent to petition for an extension of time, by adding cross

references, and by making stylistic changes, as follows:

Rule 6-411.

(a)

ELECTION TO TAKE STATUTORY ELECTIVE SHARE

Form of Election

(1) By Surviving Spouse

A surviving spouse may elect to take a statutory an

elective share by the timely filing of an election in the court

in which the personal representative of the decedent was

appointed.

If the election is filed prior to the appointment of

the personal representative, the spouse may file with the

RULE 6-411

any county in which the decedent resided on the date of the

decedent’s death or in which real property or a leasehold

interest in real property of the decedent is located.

The election shall be substantially in the following form:

[CAPTION]

ELECTION TO TAKE STATUTORY ELECTIVE SHARE OF ESTATE

I, _______________________________________________________,

surviving spouse of ___________________________________________,

late of ________________________________________(County) (City),

renounce all provisions of my spouse’s will pertaining to myself

and elect to take my statutory elective share of the decedent’s

estate subject to election under § 3-403 of the Estates and

Trusts Article of the Annotated Code of Maryland.

Witness:

________________________

________________________________

Surviving Spouse

Date: __________________________

________________________

Attorney

If There is No Attorney:

________________________

Address

_____________________________

Surviving Spouse’s Address

________________________

Telephone Number

_____________________________

Surviving Spouse’s

Telephone Number

________________________

Facsimile Number

_____________________________

Surviving Spouse’s

RULE 6-411

Facsimile Number

________________________

E-mail Address

Cross reference:

408.

_____________________________

Surviving Spouse’s

E-mail Address

Code, Estates and Trusts Article, § 3-203 § 3-

(2) By the Guardian or Agent

(A) Subject to subsection (a)(2)(B) of this Rule, a

specifically authorized guardian or agent of the surviving

spouse may exercise the right of the surviving spouse to elect

to take an elective share by timely filing the election

substantially in the following form:

[CAPTION]

ELECTION TO TAKE ELECTIVE SHARE OF ESTATE

I, _______________________________, in my capacity as the

specifically authorized guardian or agent of __________________,

surviving spouse of____________________________________________,

late of

(County) (City),

pursuant to § 3-405 (b) of the Estates and Trusts Article of the

Annotated Code of Maryland, hereby exercise the surviving

spouse’s election to take the surviving spouse’s elective share

of the decedent’s estate pursuant to § 3-403 of the Estates and

Trusts Article.

Witness:

________________________

________________________________

RULE 6-411

Guardian/Agent Signature

Date: __________________________

________________________

Attorney

If There is No Attorney:

________________________

Address

_____________________________

Guardian or Agent’s Address

________________________

Telephone Number

_____________________________

Guardian or Agent’s

Telephone Number

________________________

Facsimile Number

_____________________________

Guardian or Agent’s

Facsimile Number

________________________

E-mail Address

_____________________________

Guardian or Agent’s

E-mail Address

Cross reference:

Code, Estates and Trusts Article, § 3-405 (b).

(B) Prior to or concurrent with the filing of an election

pursuant to subsection (a)(2)(A) of this Rule, the guardian or

agent promptly shall deliver notice of the election to (i) all

interested persons in the decedent’s estate and (ii) all persons

who would inherit from the surviving spouse if the surviving

spouse died intestate and unmarried at the time the election is

made.

agent is valid unless (i) within 30 days after delivery of

notice under subsection (a)(2)(B) a person with standing makes

an objection in the court in which the election was filed and

RULE 6-411

(ii) following a hearing the court finds that the election is

not in the best interests of the surviving spouse.

Cross reference:

(b)

Code, Estates and Trusts Article, § 3-405 (c).

Time Limitation for Making Election

An election to take a statutory an elective share shall

be filed within the later of nine months after the date of the

decedent’s death or six months after the date of the first

appointment of a personal representative under a will, unless

extended pursuant to this Rule.

Cross reference:

(c)

Code, Estates and Trusts Article, § 3-407.

Extension of Time for Making Election

Within the period for making an election, the surviving

spouse or the specifically authorized guardian or agent of the

surviving spouse may file with the court a petition for an

extension of time.

The petitioner shall deliver or mail a copy

of the petition to the personal representative.

For good cause

shown, the court may grant extensions not to exceed three months

at a time, provided each petition for extension is filed before

the expiration of the period originally prescribed or before the

expiration of any period extended by a previous order.

The

court may rule on the petition without a hearing or, if time

permits, with a hearing.

RULE 6-411

If an extension is granted without a hearing, the register

shall serve notice on the personal representative and such other

persons as the court may direct.

The notice shall be in the

following form:

[CAPTION]

NOTICE OF EXTENSION OF TIME

TO ELECT STATUTORY ELECTIVE SHARE

On the ____ day of __________, __________, an extension

(month)

(year)

of time to elect a statutory an elective share of the estate was

granted to _______________________, the decedent’s surviving

spouse or specifically authorized guardian or agent of the

surviving spouse.

The extension expires on the ____ day of

__________, __________.

(month)

(year)

If you believe there is good cause to object to the

extension, within 20 days after service of this notice you may

file with the court, in writing, a petition to shorten the time

for filing an election.

A copy of the petition shall be served

on the surviving spouse or specifically authorized guardian or

agent of the surviving spouse.

(d)

Withdrawal

RULE 6-411

The surviving spouse or the specifically authorized

guardian or agent of the surviving spouse may file with the

expiration of the time, or any extension thereof granted by the

court, for filing an election.

. . .

RULE 6-413

MARYLAND RULES OF PROCEDURE

TITLE 6 – SETTLEMENT OF DECEDENTS’ ESTATES

CHAPTER 400 – ADMINISTRATION OF ESTATES

AMEND Rule 6-413 by changing the title of the Rule, by

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

subsection (a)(2), by adding new section (d) providing for a

certain notice to the trustee of a certain revocable trust, by

adding to section (f) notice to the trustee of a certain

revocable trust of disallowance of a claim, and by allowing a

certain trustee to file a petition pursuant to section (g), as

follows:

RULE 6-413.

(a)

CLAIM AGAINST ESTATE DECEDENT – PROCEDURE

Presentation of Claim

(1) A claimant may make a claim against the estate, within

the time allowed for presenting claims, (1)(A) by serving it on

the personal representative, (2)(B) by filing it with the

(3)(C) by filing suit.

If the claim is filed prior to the

appointment of the personal representative, the claimant may

file the claim with the register in the county in which the

decedent was domiciled or in any county in which the decedent

resided on the date of the decedent’s death or in which real

RULE 6-413

property or a leasehold interest in real property of the

decedent is located.

(2) Except in a small estate proceeding, a claim properly

presented under this Rule preserves a claim against property of

a trust that was revocable at the death of the decedent-settlor,

subject to disallowance pursuant to section (f).

Cross reference: See Code, Estates and Trusts Article, § 14.5508 (b)(1) for preservation of claims against revocable trust

property.

(b)

Content of Claim

A claim against the decedent’s estate shall indicate (1)

the basis of the claim, (2) the name and address of the

claimant, (3) the amount claimed, (4) if the claim is not yet

due, the date when it will become due, (5) if the claim is

contingent, the nature of the contingency, and (6) if the claim

is secured, a description of the security. Unless the claim is

made by filing suit, it shall be verified.

(c)

Form of Claim

A claim against a decedent’s estate may be filed or made

substantially in the following form:

In the Estate of:

Estate No.__________

________________________________________ Date _______________

CLAIM AGAINST DECEDENT’S ESTATE

RULE 6-413

The claimant certifies that there is due and owing by the

decedent in accordance with the attached statement of account or

other basis for the claim the sum of $________.

I solemnly affirm under the penalties of perjury that the

contents of the foregoing claim are true to the best of my

knowledge, information, and belief.

___________________________

_______________________________

Name of Claimant

Signature of claimant or person

authorized to make verifications

on behalf of claimant

___________________________

________________________________

Name and Title of Person

Signing Claim

Address

________________________________

_________________________________

Telephone Number

CERTIFICATE OF SERVICE

I hereby certify that on this ___ day of __________ (month),

_____ (year), I [ ] delivered or [ ] mailed, first class,

postage prepaid, a copy of the foregoing Claim to the personal

representative,

____________________

(name and address)

____________________

Signature of Claimant

RULE 6-413

Instructions:

1. This form may be filed with the Register of Wills upon

payment of the filing fee provided by law.

A copy must also be

sent to the personal representative by the claimant.

2. If a claim is not yet due, indicate the date when it will

become due.

If a claim is contingent, indicate the nature of

the contingency.

(d)

If a claim is secured, describe the security.

Notice to Trustee of Revocable Trust

(1) If the personal representative has knowledge of the

existence of a revocable trust for which the decedent was

settlor, the personal representative shall notify the trustee of

the existence of a claim.

(2) Prior to allowance of a claim in whole or in part, the

personal representative shall notify the trustee of the intended

allowance.

A trustee who wishes to dispute the allowance shall

petition the court to intervene within 20 days after receipt of

the notice.

(d)(e) Disallowance of Claim or Petition for Determination of

Validity

If the claim or any part thereof is not to be allowed, the

personal representative shall either disallow the claim in whole

or in part in the manner provided by section (e)(f) of this

Rule, or petition the court for determination of the validity of

the claim.

RULE 6-413

(e)(f) Form of Disallowance of Claim

Upon disallowing a claim, the personal representative

shall file with the register and mail to the claimant and the

trustee of each revocable trust known to the personal

representative for which the decedent was settlor a notice in

the following form:

[CAPTION]

NOTICE OF DISALLOWANCE

Your claim has been allowed in the amount of $________ and

disallowed in the amount of $________.

Your claim in the amount

disallowed will be forever barred against the estate and any

revocable trust of the decedent-settlor unless within 60 days

after the mailing of this notice you file a petition for

allowance of the disallowed amount in the Orphans’ Court or a

suit against the personal representative.

If your claim has not

been filed timely pursuant to the Code, Estates and Trusts

Article, § 8-103, your claim will not be paid and it is forever

barred.

___________________________________

Personal Representative

CERTIFICATE OF SERVICE

RULE 6-413

I certify that the disallowance of claim was mailed, postage

prepaid, this _____________________ day of

(year)

(month)

, to _________, claimant, at _________.

_________________________

Personal Representative/Attorney

__________________________

Name (printed)

__________________________

Address

__________________________

Telephone Number

(f)(g) Claimant’s Petition

(1) No Action Taken

If no action has been taken by the personal

representative disallowing the claim in whole or in part, the

claimant or trustee of a revocable trust of the decedent-settlor

may petition the court for determination of the validity of the

claim.

(2) After Disallowance

RULE 6-413

A claimant whose claim has been disallowed in whole or

in part may file with the court a petition for allowance within

60 days after mailing of the notice of disallowance.

(g)(h) Hearing

Upon the filing of a petition by the personal

representative or a claimant, the court shall hold a hearing on

the petition after notice to the personal representative, the

claimant, and such other persons as the court may direct.

(h)(i) Notice to Register of Suit

If suit is filed against the personal representative by a

claimant whose claim is disallowed in whole or in part, the

personal representative shall notify the register in writing of

the pendency of the suit within ten days after being served with

the complaint.

. . .

RULE 6-416

MARYLAND RULES OF PROCEDURE

TITLE 6 - SETTLEMENT OF DECEDENTS’ ESTATES

CHAPTER 400 - ADMINISTRATION OF ESTATES

AMEND Rule 6-416 by adding new subsection (a)(1)(A) to

describe the general contents of a petition for compensation, by

requiring that a petition state anticipated or previously

allowed fees in connection with an elective share, by adding new

subsection (a)(1)(B) to describe the contents of a petition for

additional fees and commissions in connection with an elective

share, by adding a Committee note after subsection (a)(1)(B)

stating that such compensation is presumed reasonable under

certain circumstances, by adding new subsection (b)(1)(A) to

describe the procedure for obtaining payment of compensation by

consent, by specifying that payment of additional compensation

in connection with an elective share may be obtained by consent

in certain circumstances, by altering the form in subsection

(b)(2)(B) to delineate compensation for regular estate

administration and for additional compensation in connection

with an elective share, and by making stylistic changes, as

follows:

RULE 6-416.

ATTORNEY’S FEES OR PERSONAL REPRESENTATIVE’S

COMMISSIONS

RULE 6-416

(a)

Subject to Court Approval

(1) Contents of Petition

(A) Generally

When a petition for the allowance of attorney’s fees

or personal representative’s commissions is required, it shall

be verified and shall state in reasonable detail the basis for

the current request and (A)(i) the amount of all fees or

commissions previously allowed, (B)(ii) the amount of fees or

commissions that the petitioner reasonably estimates will be

requested in the future, (C)(iii) the amount of fees or

commissions currently requested, (iv) any additional fees or

commissions anticipated or previously allowed in connection with

an election by or on behalf of a surviving spouse to take an

elective share, and (E)(v) that the notice required by

subsection (a)(3) of this Rule has been given.

(B) Compensation in Connection with an Elective Share

When a petition for the allowance of additional

attorney’s fees or personal representative’s commissions in

connection with an election by or on behalf of a surviving

spouse to take an elective share under Code, Estates and Trusts

Article, § 7-603(b) is required, it shall be verified and shall

state in reasonable detail the basis for the current request and

(i) the amount of all fees or commissions previously allowed,

(ii) the amount of fees or commissions that the petitioner

RULE 6-416

reasonably estimates will be requested in the future, (iii) the

amount of fees or commissions currently requested, (iv) the

amount of fees or commissions under this subsection consented to

by all interested persons, and (v) that the notice required by

subsection (a)(3) of this Rule has been given.

A petition under

this subsection may be combined with a petition under subsection

(a)(1)(A) of this Rule.

Committee note: Code, Estates and Trusts Article, § 7-603

(b)(2) states that the amount of compensation or attorney’s fees

consented to by all interested persons is presumed to be

reasonable.

(2) Filing – Separate or Joint Petitions

Petitions for attorney’s fees and personal

representative’s commissions shall be filed with the court and

may be filed as separate or joint petitions.

(3) Notice

The personal representative shall serve on each unpaid

creditor who has filed a claim and on each interested person a

copy of the petition accompanied by a notice in the following

form:

NOTICE OF PETITION FOR ATTORNEY’S FEES OR PERSONAL

REPRESENTATIVE’S COMMISSIONS

You are hereby notified that a petition for allowance of

attorney’s fees or personal representative’s commissions has

been filed.

You have 20 days after service of the petition

RULE 6-416

within which to file written exceptions and to request a

hearing.

(4) Allowance by Court

Upon the filing of a petition, the court, by order,

shall allow attorney’s fees or personal representative’s

commissions as it considers appropriate, subject to any

exceptions.

(5) Exception

An exception shall be filed with the court within 20

days after service of the petition and notice and shall include

the grounds therefor in reasonable detail.

A copy of the

exception shall be served on the personal representative.

(6) Disposition

If timely exceptions are not filed, the order of the

court allowing the attorney’s fees or personal representative’s

commissions becomes final.

Upon the filing of timely

exceptions, the court shall set the matter for hearing and

notify the personal representative and other persons that the

court deems appropriate of the date, time, place, and purpose of

the hearing.

(b)

Payment of Attorney’s Fees and Personal Representative’s

Commissions Without Court Approval

(1) Payment of Contingency Fee for Services Other Than

Estate Administration

RULE 6-416

Payment of attorney’s fees may be made without court

approval if:

(A) the fee is paid to an attorney representing the estate

in litigation under a contingency fee agreement signed by the

decedent or by a previous personal representative;

(B) the fee is paid to an attorney representing the estate

in litigation under a contingency fee agreement signed by the

current personal representative of the decedent’s estate

provided that the personal representative is not acting as the

retained attorney and is not a member of the attorney’s firm;

fee agreement;

(D) a copy of the contingency fee agreement is on file

with the register of wills; and

(E) the attorney files a statement with each account

stating that the scope of the representation by the attorney

does not extend to the administration of the estate.

(2) Consent in Lieu of Court Approval

(A) Procedure

Upon the filing of a completed Consent to Compensation

for Personal Representative and/or Attorney form substantially

in the form set forth in subsection (b)(2)(B) of this Rule,

Payment payment of attorney’s fees and personal representative’s

commissions may be made without court approval if the combined

RULE 6-416

sum of all payments of attorney’s fees and personal

representative’s commissions authorized under Code, Estates and

Trusts Article, § 7-603(a) does not exceed the amounts provided

in Code, Estates and Trusts Article, § 7-601; and.

In addition,

attorney’s fees and personal representative’s commissions

authorized under Code, Estates and Trusts Article, § 7-603(b)

may be included in the Consent form and paid without court

approval if the total combined sum of all payments of attorney’s

fees and personal representative’s commissions authorized under

Code, Estates and Trusts Article, §§ 7-603(a) and 7-603(b) does

not exceed the amounts provided in Code, Estates and Trusts

Article, § 7-601.

(B) Form of Consent

a written The consent stating the amounts of the

payments shall be signed by (i) each creditor who has filed a

claim that is still open and (ii) all interested persons, is and

filed with the register substantially in the following form:

BEFORE THE REGISTER OF WILLS FOR _____________, MARYLAND

IN THE ESTATE OF:

__________ Estate No.

__________________

CONSENT TO COMPENSATION FOR

PERSONAL REPRESENTATIVE AND/OR ATTORNEY

I understand that the law, Estates and Trusts Article, § 7601, provides a formula to establish the maximum total

commissions to be paid for personal representative’s

RULE 6-416

commissions.

If the total compensation for personal

representative’s commissions and attorney’s fees being requested

falls within the maximum allowable commissions, and the request

is consented to by all unpaid creditors who have filed claims

and all interested persons, this payment need not be subject to

review or approval by the Court.

A creditor or an interested

party may, but is not required to, consent to these fees.

The formula sets total compensation at 9% of the first

$20,000 of the adjusted estate subject to administration PLUS

3.6% of the excess over $20,000.

Based on this formula, the

adjusted estate subject to administration known at this time is

__________.

The total allowable statutory maximum commission

based on the adjusted estate subject to administration known at

this time is __________, LESS any personal representative’s

commissions and attorney’s fees previously approved as required

by law and paid.

To date, $ __________ in personal

representative’s commissions and $ __________ in attorney’s fees

have been paid.

IF ALL REQUIRED CONSENTS ARE NOT OBTAINED, A PETITION SHALL

BE FILED, AND THE COURT SHALL DETERMINE THE AMOUNT TO BE PAID.

Cross reference:

See 90 Op. Att’y. Gen. 145 (2005).

Total combined fees being requested are $_________, including

$_________ under Code, Estates and Trusts Article, § 7-603(a)

RULE 6-416

and $_________ under Code, Estates and Trusts Article § 7603(b), to be paid as follows:

Amount

Name of Personal Representative/Attorney

______________

_________________________________________

______________

_________________________________________

______________

_________________________________________

______________

_________________________________________

I have read this entire form and I hereby consent to the

payment of personal representative and/or attorney’s fees in the

above amount.

Date

Signature

Name (Typed or Printed)

________________________________________________________________

____________________________

Attorney

____________________________

Personal Representative

_____________________________

Address

_____________________________

Personal Representative

_____________________________

Telephone Number

_____________________________

Facsimile Number

_____________________________

RULE 6-416

Email Address

Committee note: Nothing in this Rule is intended to relax

requirements for approval and authorization of previous

payments.

(3) Designation of Payment

When rendering an account pursuant to Rule 6-417 or a

final report under modified administration pursuant to Rule 6455, the personal representative shall designate any payment

made under this section as an expense.

Cross reference: Code, Estates and Trusts Article, §§ 7-502, 7601, 7-602, 7-603, and 7-604.

RULE 6-418

MARYLAND RULES OF PROCEDURE

TITLE 6 - SETTLEMENT OF DECEDENTS’ ESTATES

CHAPTER 400 - ADMINISTRATION OF ESTATES

ADD New Rule 6-418, as follows:

Rule 6-418.

(a)

STATEMENT AND CERTIFICATION OF ELECTIVE SHARE

Statement of Elective Share

(1) On final payment, the personal representative of the

decedent, the trustee of any revocable trust of the decedent, or

the person responsible for filing the estate tax return, as

appropriate, shall file with the register a signed statement

verified by the surviving spouse stating the value of the

elective share and that the elective share has been paid in

full.

(2) The statement of the elective share shall be served on

each person entitled to request a certification under section

(b) prior to filing.

(3) On request of the surviving spouse, personal

representative, trustee of any revocable trust of the decedent,

or the person responsible for filing the estate tax return, the

(b)

Certification of Accuracy

RULE 6-418

(1) The surviving spouse, the personal representative of the

decedent, the trustee of any revocable trust of the decedent,

the person responsible for filing the estate tax return, any

payor of any portion of the elective share, and any other person

having an interest in the assets from which the elective share

has been paid may request that the register certify in writing

the accuracy of the calculation and payment of the portion of

the augmented estate subject to election.

(2) A request for certification shall be filed no more than

30 days from the date of service of the statement of the

elective share.

(3) If a certification is requested, the register may

request in writing information and documentation the register

deems necessary to verify the calculation and payment.

Cross reference:

Code, Estates and Trusts Article, § 3-412.

RULE 6-423

MARYLAND RULES OF PROCEDURE

TITLE 6 – SETTLEMENT OF DECEDENTS’ ESTATES

CHAPTER 400 – ADMINISTRATION OF ESTATES

ADD new Rule 6-423, as follows:

Rule 6-423.

ADMINISTRATION AFTER CLOSING OF ESTATE — NEWLY

DISCOVERED SMALL CHECK

(a)

When New Appointment Not Necessary

Except as provided in section (d) of this Rule, if a

check payable to a decedent or the estate of a decedent for a

sum not exceeding $1,000 is discovered after an estate has been

closed and the appointment of the personal representative has

terminated pursuant to Rule 6-421, the court, on a verified

petition made by an interested person, may enter an order

authorizing the interested person to indorse and deposit the

check into the interested person’s bank account for the limited

purpose of distributing the funds in accordance with the will

or, if the decedent died intestate, in accordance with Code,

Estates and Trusts Title 3, Subtitle 1.

(b)

Petition

A petition pursuant to this Rule shall be filed in the

jurisdiction where the decedent’s estate was administered and

RULE 6-423

include the estate number, a brief description of the check, the

interest of the person filing the petition, the names and

addresses of the interested persons, a statement that the

conditions in section (d) do not apply to the requested order,

and a brief statement of the anticipated distribution of the

funds.

(c)

Exceptions

Unless a hearing is requested by an interested person,

the court may enter an order under this Rule without a hearing.

(d)

Conditions

The court may not enter an order under this Rule if:

(1) the estate of the decedent was insolvent when it closed,

(2) the value of the discovered check increases the value of

the estate above the value that qualifies under Code, Estates

and Trusts, § 5-601 for administration of a small estate, or

(3) any additional fees and inheritance taxes due as a

result of the newly discovered check are not paid with the

filing of the petition.

(e)

Distribution

The distribution of funds by an interested person under

this Rule shall be made within 60 days after the court’s order

authorizing the distribution.

(f)

Effect of Order

RULE 6-423

An order issued under this Rule does not require the

court to reopen the estate.

Cross reference:

Code, Estates and Trusts Article, § 10-104.

RULE 6-434

MARYLAND RULES OF PROCEDURE

TITLE 6 - SETTLEMENT OF DECEDENTS’ ESTATES

CHAPTER 100 – ADMINISTRATION OF ESTATES

AMEND Rule 6-434 by restyling section (a) to refer to

transmitting issues on petition, by adding new section (b) to

allow for transmission of elective share issues, by clarifying a

reference to the orphans’ court in section (c), and by making

stylistic changes as follows:

RULE 6-434.

(a)

TRANSMITTING ISSUES

Petition Transmitting on Petition

In any proceeding, the orphans’ court, upon petition by a

person with standing, may transmit contested issues of fact

within its jurisdiction for trial to the circuit court of the

county in which the orphans’ court is located.

(1) Contents

The petition shall set forth separately each issue to be

transmitted.

Each issue shall present a single, definite, and

material question of fact.

(b)(2) Response

RULE 6-434

A response may include objections to the issues set

forth in the petition and offer additional issues.

(b)

Transmitting Elective Share Issues

In a proceeding where the surviving spouse has made an

election under Code, Estates and Trusts Article, § 3-403, the

court, on its own initiative, may transmit issues of fact

relating to the value or sources of payment of an elective share

for trial to the circuit court of the county in which the

election is filed.

Cross reference:

(c)

Code, Estates and Trusts Article, § 3-413.

Framing of Issues

The orphans’ court, by order, shall frame the issues to

be transmitted and transmit them to the appropriate circuit

court. The order may designate the plaintiff and defendant for

purposes of trial in the circuit court.

(d)

Amendment, Modification or Supplementation of Issues

Upon petition, the orphans’ court may amend, supplement

or modify issues previously transmitted to a circuit court.

the change is made within 15 days of a scheduled trial date,

leave of the circuit court must be obtained.

Cross reference:

Code, Estates and Trusts Article, § 2-105.

Committee note: See Nugent v. Wright, 277 Md. 615 (1976)

(issues of law are impermissible). See also Hill v. Lewis, 21

Md. App. 121 (1974). Section (d) changes the rule set forth in

Pegg v. Warford, 4 Md. 385 (1853), and recently reaffirmed in

Kao v. Hsia, 309 Md. 366 (1987).

RULE 6-455

MARYLAND RULES OF PROCEDURE

TITLE 6 - SETTLEMENT OF DECEDENTS’ ESTATES

CHAPTER 400 – ADMINISTRATION OF ESTATES

AMEND Rule 6-455 by removing a clause in the form notice in

section (d) referring to deaths occurring on or after January 1,

1998 in the instructions on Supporting Schedule A, as follows:

Rule 6-455.

MODIFIED ADMINISTRATION

. . .

(d)

Final Report

(1) Filing

A verified final report shall be filed no later than 10

months after the date of the personal representative’s

appointment, unless the personal representative discovers

property of the decedent after the time for filing a verified

final report in which case the personal representative must file

the verified report with respect to the after-discovered

property within 90 days of the discovery of the property.

(2) Copies to Interested Persons

Unless an interested person waives notice of the

verified final report under modified administration, the

personal representative shall serve a copy of the final report

on each interested person.

RULE 6-455

(3) Contents

A final report under modified administration shall be in

the following form:

BEFORE THE REGISTER OF WILLS FOR __________, MARYLAND

ESTATE OF ________________________

Estate No. ____

Date of Death ____________________

Date of Appointment of

Personal Representative

_______________________

FINAL REPORT UNDER MODIFIED ADMINISTRATION

(Must be filed within 10 months after the date of appointment)

I, Personal Representative of the estate, report the following:

1. The estate continues to qualify for Modified Administration

as set forth in the Election for Modified Administration on file

with the Register of Wills.

2. Attached are the following Schedules and supporting

attachments:

Total Schedule A:

Reportable Property ……………

$_______

Total Schedule B:

Payments and Disbursements ………

$(______)

Total Schedule C:

Distribution of Net Reportable Property $___

3. I acknowledge that:

RULE 6-455

(a) Final distributions shall be made within 12 months after the

date of my appointment as personal representative, unless I

discover property of the decedent after the time for making

final distributions in which case I must make final distribution

of the after-discovered property within 90 days of the discovery

of the property.

(b) If Modified Administration is revoked, the estate shall

proceed under Administrative Probate, and I will file a formal

Inventory and Account, as required, until the estate is closed.

I solemnly affirm under the penalties of perjury that the

contents of this document are true to the best of my knowledge,

information, and belief and that any property valued by me which

I have authority as personal representative to appraise has been

valued completely and correctly in accordance with law.

_________________________

_____________________________

Attorney Signature

Personal Representative

_________________________

_____________________________

Address

Personal Representative

_________________________

_____________________________

Address

Personal Representative

_________________________

Telephone Number

_________________________

Facsimile Number

RULE 6-455

_________________________

E-mail Address

CERTIFICATE OF SERVICE OF FINAL REPORT UNDER MODIFIED

ADMINISTRATION

I hereby certify that on this __________ day of __________, I

delivered or mailed, postage prepaid, a copy of the foregoing

Final Report Under Modified Administration and attached

Schedules to the following persons:

Names

Addresses

_________________________

_____________________________

_________________________

_____________________________

_________________________

_____________________________

_________________________

_____________________________

_________________________

_____________________________

Attorney Signature

Personal Representative

_________________________

_____________________________

Address

Personal Representative

_________________________

_____________________________

Address

Personal Representative

_________________________

Telephone Number

_________________________

Facsimile Number

_________________________

E-mail Address

RULE 6-455

FOR REGISTER OF WILLS USE

Distributions subject to __________ Tax thereon __________ tax

at __________ %

Exempt distributions to

_______________________

(Identity of the recipient)

Exempt distributions to

_______________________

(Identity of the recipient)

Exempt distributions to

_______________________

(Identity of the recipient)

Total Inheritance Tax due

______________

Total Inheritance Tax paid

______________

Gross Estate _____________

Probate Fee & Costs

Collected ______________

FINAL REPORT UNDER MODIFIED ADMINISTRATION

SUPPORTING SCHEDULE A

REPORTABLE PROPERTY

ESTATE OF __________ Estate No. ________________________________

Item No.

Basis of

Valuation

Description

TOTAL REPORTABLE PROPERTY OF THE DECEDENT

Value

$________

RULE 6-455

(Carry forward to Schedule C)

________________________________________________________________

INSTRUCTIONS

ALL REAL AND PERSONAL PROPERTY MUST BE INCLUDED AT DATE OF DEATH

VALUE.

THIS DOES NOT INCLUDE INCOME EARNED DURING

ADMINISTRATION OR CAPITAL GAINS OR LOSSES REALIZED FROM THE SALE

OF PROPERTY DURING ADMINISTRATION.

ATTACHED APPRAISALS OR COPY

OF REAL PROPERTY ASSESSMENTS AS REQUIRED:

1. Real and leasehold property: Fair market value must be

established by a qualified appraiser. For decedents dying on or

after January 1, 1998, in In lieu of a formal appraisal, real

and leasehold property may be valued at the full cash value for

property tax assessment purposes as of the most recent date of

finality.

This does not apply to property tax assessment

purposes on the basis of its use value.

2. The personal representative may value: Debts owed to the

decedent, including bonds and notes; bank accounts, building,

savings and loan association shares, money and corporate stocks

listed on a national or regional exchange or over the counter

securities.

3. All other interests in tangible or intangible property: Fair

market value must be established by a qualified appraiser.

RULE 6-455

________________________________________________________________

ATTACH ADDITIONAL SCHEDULES AS NEEDED

FINAL REPORT UNDER MODIFIED ADMINISTRATION

SUPPORTING SCHEDULE B

Payments and Disbursements

ESTATE OF __________ Estate No. ________________________________

Item No.

Basis of

Valuation

Description

Value

(Carry forward to Schedule C)

________________________________________________________________

INSTRUCTIONS

1. Itemize all liens against property of the estate including

mortgage balances.

2. Itemize sums paid (or to be paid) within twelve months from

the date of appointment for: debts of the decedent, taxes due by

the decedent, funeral expenses of the decedent, family

allowance, personal representative and attorney compensation,

probate fee and other administration expenses of the estate.

ATTACH ADDITIONAL SCHEDULES AS NEEDED

FINAL REPORT UNDER MODIFIED ADMINISTRATION

RULE 6-455

SUPPORTING SCHEDULE C

Distributions of Net Reportable Property

1. SUMMARY OF REPORTABLE PROPERTY

Total from Schedule A ……………………………

________________

Total from Schedule B ……………………………

________________

Total Net Reportable Property …………………

________________

(Schedule A minus Schedule B)

2. SPECIFIC BEQUESTS (If Applicable)

Name of Legatee or Heir

Distributable Share

Inheritance

of Reportable Estate

Tax Thereon

3. DISTRIBUTION OF BALANCE OF ESTATE

Name of Legatee or Heir

Distributable Share

Inheritance

of Reportable Estate

Tax Thereon

Total Reportable Distributions

$ _________________

Inheritance Tax

$ _________________

ATTACH ADDITIONAL SCHEDULES AS NEEDED

(4) Inventory and Account.

The provisions of Rule 6-402

(Inventory) and Rule 6-417 (Account) do not apply.

. . .

RULE 6-501

MARYLAND RULES OF PROCEDURE

TITLE 6 - SETTLEMENT OF DECEDENTS’ ESTATES

CHAPTER 500 – MISCELLANEOUS PROVISIONS

AMEND Rule 6-501 by removing a clause in the form notice in

section (b) referring to the statutory deadline for deaths

occurring prior to October 1, 1992, as follows:

Rule 6-501.

APPLICATION BY FOREIGN PERSONAL REPRESENTATIVE TO

SET INHERITANCE TAX

. . .

(b)

Form of Notice of Appointment of Foreign Personal

Representative

__________________________

(name and address of personal

Representative or attorney)

NOTICE TO CREDITORS OF

APPOINTMENT OF FOREIGN

PERSONAL REPRESENTATIVE

RULE 6-501

NOTICE IS GIVEN that the __________ court of ___________ county,

appointed

(state)

of the Estate of

(title)

(date)

as the

(name and address)

who died on

(name of decedent)

domiciled in

(state and country)

The Maryland resident agent for service of process is

________________________ whose address is _____________________.

At the time of death, the decedent owned real or leasehold

property in the following Maryland counties:

All persons having claims against the decedent must file their

claims with the Register of Wills for ____________________

County with a copy to the foreign personal representative on or

before the earlier of the following dates:

(1) Six months from the date of the decedent’s death, except

if the decedent died before October 1, 1992, nine months from

the date of the decedent’s death; or

(2) Two months after the foreign personal representative

mails or 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 claim

within two months from the mailing or other delivery of the

notice.

Claims filed after that date or after a date extended

by law will be barred.

RULE 6-501

__________________________

Foreign Personal Representative

Name of Newspaper:

__________________________

_______________

Address

Date of first

publication

Cross reference:

Code, Estates and Trusts Article, §§ 5-503(b),

5-504, and 7-103.

. . .

RULE 9-206

MARYLAND RULES OF PROCEDURE

TITLE 9 - FAMILY LAW ACTIONS

CHAPTER 200 - DIVORCE, ANNULMENT AND ALIMONY

AMEND Rule 9-206 to update a reference in subsection (a)(1)

to Code, Family Law Article § 12-201, to add the shared physical

custody adjustment to Worksheet B, to conform line references in

Worksheet B, to conform line references in Worksheet C, and to

make stylistic changes, as follows:

Rule 9-206.

(a)

CHILD SUPPORT GUIDELINES

Definitions

The following definitions apply in this Rule:

(1) Shared Physical Custody

"Shared physical custody" has the meaning stated in Code,

Family Law Article, §12-201 (i) (n).

(2) Worksheet

"Worksheet" means a document to compute child support

under the guidelines set forth in Code, Family Law Article, Title

12, Subtitle 2.

(b)

Filing of Worksheet

In an action involving the establishment or modification of

child support, each party shall file a worksheet in the form set

forth in section (c) or (d) of this Rule.

Unless the court

RULE 9-206

directs otherwise, the worksheet shall be filed not later than the

date of the hearing on the issue of child support.

Cross reference: See Code, Family Law Article, §12-203 (a) and

Walsh v. Walsh, 333 Md. 492 (1994).

. . .

(d)

Shared Physical Custody

In cases of shared physical custody, the worksheet shall

be in substantially the following form:

In the

Circuit Court for

No.

100

RULE 9-206

WORKSHEET B - CHILD SUPPORT OBLIGATION: SHARED PHYSICAL CUSTODY

Name of Child

Date of Birth

Name of Child

Date of Birth

Name of Child

Date of Birth

Name of Child

Date of Birth

Name of Child

Date of Birth

Name of Child

Date of Birth

Parent 1 Parent 2

1. MONTHLY ACTUAL INCOME (Before

taxes)

(Code, Family Law Article, §12-201 (b))

Combined

//////

a. Minus preexisting child support

payment actually paid

//////

b. Minus alimony actually paid

//////

c. Plus/minus alimony awarded

in this case

+/-

//////

2. MONTHLY ADJUSTED ACTUAL INCOME

3. PERCENTAGE SHARE OF INCO ME

(Divide each parent's

income on Line 2 by the

combined income on Line 2.)

//////

4. BASIC CHILD SUPPORT OBLIGATION

(Apply Line 2 Combined Income

to Child Support Schedule.)

//////

5. ADJUSTED BASIC CHILD SUPPORT

OBLIGATION (Multiply Line 4

by 1.5)

//////

101

RULE 9-206

6. OVERNIGHTS with each parent (must

total 365)

365

7. PERCENTAGE WITH EACH PARENT

(Divide Line 6 divided by 365)

STOP HERE IF Line 7 is less than 35

25% for either parent. Shared

physical custody does not apply.

Physical

(Use Worksheet A, instead.)

//////

8. EACH PARENT’S THEORETICAL SHARE

ADJUSTED

BASIC CHILD SUPPORT

OF OF

ADJUSTED

CHILD

OBLIGATION (Multiply Line 5 by

line 3 for each parent.)

Line

9. THEORETICAL BASIC CHILD SUPPORT

OBLIGATION FOR TIME WITH OTHER

PARENT (Multiply Line 8A by

Line 7B; and put answer on Line

9 A.) (Multiply Line 8B by Line

line

by 7A;

7B and

andput

putanswer

answer on

Line 9B.)

line

LineSHARED PHYSICAL CUSTODY

10.

9A.)ADJUSMENT (If Line 7 for a

parent is more than 25%, but

less than 30%, multiply that

parent’s Line 9 by the amount

below:

//////

# of overnights

amount

•

92-94

.10

•

95-98

.08

•

99-102

.06

•

103-105

106-109

.04

.02

102

RULE 9-206

11. ADJUSTED THEORETICAL BASIC

CHILD SUPPORT OBLIGATION

(If the shared physical custody

Adjustment applies, add Line

10 to that parent’s Line 9; put

the answer on Line 11.)

1012. NET BASIC CHILD SUPPORT

OBLIGATION (If there is no

shared physical custody adjustment:

Subtract Line 9 lesser amount

from greater amount in line 9.

and place Place answer here

under column with greater amount in

Line 9.

Shared physical custody

Adjustment: For that parent use

amount from Line 11 instead of

Line 9 when completing calculation.)

1113. EXPENSES:

//////

a. Work-Related C hil d Care

Expenses

(Code, Family Law Article,

§12-204 (g))

//////

Health Insurance Expenses

(Code, Family Law Article

§12-204 (h)(1))

c. Extraordinary

Expenses

(Code, Family

Medical

Law Article,

§12-204 (h)(2))

d. Cash Medical Support

(Code, Family Law Article,

§12-102 (c) - applies only

to a child support order

under Title IV, Part D of

the Social Security Act)

103

RULE 9-206

e. Additional Expenses

(Code, Family Law Article,

§12-204 (i))

1214. NET ADJUSTMENT FROM WORKSHEET

C. Enter amount from Line l,

WORKSHEET C, if applicable. If

not, continue to Line 13 15.

1315. NET BASIC CHILD SUPPORT

OBLIGATION (From Line 10

12, WORKSHEET B)

//////

1416. RECOMMENDED CHILD SUPPORT ORDER

(If the same parent owes money

under Lines 1214 and 1315,

add these two figures to obtain the

amount owed by that parent.

If one parent owes money under

Line 1214 and the other owes

money under Line 1315, subtract

the lesser amount from the

greater amount to obtain the

difference. The parent owing

the greater of the two amounts

on Lines 1214 and 1315 will owe

that difference as the child

support obligation.

Note: amount owed in a shared custody

arrangement may not exceed the

amount that would be owed if

the obligor parent were a

non-custodial parent. See

WORKSHEET A).

//////

Comments or special adjustments, such as any adjustment for

certain third party benefits paid to or for the child of an

obligor who is disabled, retired, or receiving benefits as a

result of a compensable claim (see Code, Family Law Article,

§12-204 (j)):

PREPARED BY:

DATE:

104

RULE 9-206

INSTRUCTIONS FOR WORKSHEET C: Use Worksheet C ONLY if any of

the Expenses listed in Lines 11 13 a, 11 b, 11 c, 11 d, or 11 e

is directly paid out or received by the parents in a different

proportion than the percentage share of income entered on Line

3 of Worksheet B. Example: If one One parent pays all 100% of

the day care, or parents split education/medical costs 50/50

and Line 3 is other than 50/50. If there is more than one 11

13 e expense, the make calculations on Lines i and j below must

be made for each expense.

WORKSHEET C - FOR ADJUSTMENTS, LINE 12, WORKSHEET B

Parent 1

a. Total amount of direct

payments Payments made for

Line 11 13 a expenses

multiplied by each parent's

percentage of income (Line 3,

WORKSHEET B)

(Proportionate share)

Parent 2

c. Total amount of direct payments made for

Line 11 13 b expenses multiplied by each

parent's percentage of income

(Line 3, WORKSHEET B)

b. The excess Excess amount of direct

payments made by the parent who pays

more than the amount calculated

in Line a, above.

(The difference between Subtract

proportionate share from amount paid

and proportionate share)

d. The excess amount of direct payments

made by the parent who pays more than

the amount calculated in Line c, above.

105

RULE 9-206

e. Total amount of direct payments made

for Line 11 13 c expenses multiplied

by each parent's percentage of income

(Line 3, WORKSHEET B)

f. The excess amount of direct

payments made by the parent who

pays more than

the amount calculated in Line e, above. $

Total amount of direct

made for Line 11 13 d

multiplied

each

percentage of income

(Line 3, WORKSHEET B)

payments

expenses

parent’s

The excess amount of direct payments

made by the parent who pays more

than the amount calculated in Line

g, above.

Total amount of direct

made for Line 11 13 e

multiplied

each

percentage of income

(Line 3, WORKSHEET B)

payments

expenses

parent’s

The excess amount of direct payments

made by the parent who pays more

than the amount calculated in Line

i, above.

k. For each parent, add Lines b, d,

f, h, and j

l. Subtract lesser amount from

greater amount in Line k, above.

Place the answer on this Line

under the amount

in Line k.

106

RULE 9-206

Also enter this answer on

Line 12 14 of WORKSHEET

B, in the same parent’s

Column.

Source:

This Rule is new.

107

RULE 9-308

MARYLAND RULES OF PROCEDURE

TITLE 9 - FAMILY LAW ACTIONS

CHAPTER 300 - DOMESTIC VIOLENCE

AMEND Rule 9-308 to require the filing of a motion before

modifying, rescinding, or extending a protective order and to

provide for an automatic extension under certain circumstances,

as follows:

Rule 9-308.

MODIFICATION; RESCISSION; EXTENSION

Only Upon the filing of a motion, a judge may modify,

rescind, or extend a protective order.

Modification,

rescission, and extension of protective orders are governed by

Code, Family Law Article, § 4-507 (a).

If a motion to extend a

final protective order is filed before the original expiration

date of the protective order, and the hearing is not held by

that date, the protective order shall be automatically extended

until the hearing is held.

The motion shall be presented to a

judge forthwith.

Committee note: Although Code, Family Law Article, § 4-507 (a)

automatically extends a protective order under certain

circumstances, judges are encouraged to issue an order even when

the automatic extension is applicable.

Source:

This Rule is new.

108

RULE 10-108

MARYLAND RULES OF PROCEDURE

TITLE 10 – GUARDIANS AND OTHER FIDUCIARIES

CHAPTER 100 – GENERAL PROVISIONS

AMEND Rule 10-108 to conform a Committee note after

subsection (a)(2) to amendments to Rule 16-915, as follows:

Rule 10-108.

(a)

ORDERS

Order Appointing Guardian

. . .

(2) Confidential Information

Information in the order or in papers filed by the

guardian that is subject to being shielded pursuant to the Rules

in Title 16, Chapter 900 shall remain confidential, but, in its

order, the court may permit the guardian to disclose that

information when necessary to the administration of the

guardianship, subject to a requirement that the information not

be further disclosed without the consent of the guardian or the

court.

Committee note: Disclosure of identifying information to

financial institutions and health care providers, for example,

may be necessary to further the purposes of the guardianship.

Cross reference:

(d)(e).

See Rule 16-914 (e) and (i) and Rule 16-915

109

RULE 10-108

. . .

110

RULE 10-112

MARYLAND RULES OF PROCEDURE

TITLE 10 – GUARDIANS AND OTHER FIDUCIARIES

CHAPTER 100 – GENERAL PROVISIONS

AMEND Rule 10-112, to conform to a recent statutory change,

and to make stylistic changes, as follows:

RULE 10-112.

PETITION FOR GUARDIANSHIP OF ALLEGED DISABLED

PERSON

A petition for guardianship of an alleged disabled person

shall be substantially in the following form:

. . .

ADDITIONAL INSTRUCTIONS

The required exhibits are as follows:

(a) A copy of any instrument nominating a guardian;

(b) A copy of any power of attorney (including a durable power

of attorney for health care) which the alleged disabled person

has given to someone;

professionals who have examined or evaluated the alleged

disabled person.

The health care professionals shall be either

two physicians licensed to practice medicine in the United

States who have examined the alleged disabled person, or of one

111

RULE 10-112

such licensed physician, who has examined the alleged disabled

person, and one licensed psychologist, or licensed certified

social worker-clinical, or nurse practitioner who has seen and

evaluated the alleged disabled person.

An examination or

evaluation by at least one of the health care professionals must

have occurred within 21 days before the filing of the petition

(see Code, Estates and Trusts Article, § 13-303 and § 1-102 (a)

and (b)).

Attach additional sheets to answer all the information

requested in this petition, if necessary.

. . .

112

RULE 10-202

MARYLAND RULES OF PROCEDURE

TITLE 10 – GUARDIANS AND OTHER FIDUCIARIES

CHAPTER 200 – GUARDIAN OF PERSON

AMEND Rule 10-202 by adding nurse practitioner to the list

of health care professionals who may examine an alleged disabled

person and sign a certificate required to accompany a petition

for guardianship in subsection (a)(1)(B) and (a)(3)(A), by

updating a cross reference following section (a), and by making

stylistic changes, as follows:

Rule 10-202.

(a)

CERTIFICATES AND CONSENTS

Certificates

(1) Generally Required

If guardianship of the person of a disabled person is

sought, the petitioner shall file with the petition signed and

verified certificates of the following persons who have examined

or evaluated the alleged disabled person:

(A)(i) two physicians

licensed to practice medicine in the United States who have

examined the disabled person, or (B)(ii) one such licensed

physician who has examined the disabled person and one licensed

psychologist, or licensed certified social worker-clinical, or

113

RULE 10-202

nurse practitioner who has seen and evaluated the disabled

person.

An examination or evaluation by at least one of the

health care professionals shall have been within 21 days before

the filing of the petition.

(2) Form

Each certificate required by subsection (a)(1) of this

Rule shall be substantially in the form approved by the State

Court Administrator, posted on the Judiciary website, and

available in the offices of the clerks of the circuit courts.

(3) Absence of Certificates

(A) Refusal to Permit Examination

If the petition is not accompanied by the required

certificate and the petition alleges that the disabled person is

residing with or under the control of a person who has refused

to permit examination or evaluation by a physician, or

evaluation by a psychologist, or licensed certified social

worker-clinical, or nurse practitioner, and that the disabled

person may be at risk unless a guardian is appointed, the court

shall defer issuance of a show cause order.

The court shall

instead issue an order requiring that the person who has refused

to permit the disabled person to be examined or evaluated appear

personally on a date specified in the order and show cause why

the disabled person should not be examined or evaluated.

114

The

RULE 10-202

order shall be personally served on that person and on the

disabled person.

(B) Appointment of Health Care Professionals by Court

If the court finds after a hearing that examinations

are necessary, it shall appoint (i) two physicians or (ii) one

physician and one psychologist, or licensed certified social

worker-clinical, or nurse practitioner to conduct the

examinations or the examination and evaluation and file their

reports with the court.

If both health care professionals find

the person to be disabled, the court shall issue a show cause

order requiring the alleged disabled person to answer the

petition for guardianship and shall require the petitioner to

give notice pursuant to Rule 10-203.

Otherwise, the petition

shall be dismissed.

Cross reference:

§ 13-705.

See Code, Estates and Trusts Article, § 13-801

. . .

115

RULE 10-301

MARYLAND RULES OF PROCEDURE

TITLE 10 – GUARDIANS AND OTHER FIDUCIARIES

CHAPTER 300 – GUARDIAN OF PROPERTY

AMEND Rule 10-301 by amending the Committee note following

subsection (d)(1), as follows:

Rule 10-301.

PETITION FOR APPOINTMENT OF A GUARDIAN OF PROPERTY

. . .

(d)

Required Exhibits

The petitioner shall attach to the petition as exhibits a

copy of any instrument nominating a guardian and documentation

in full compliance with at least one of the following:

(1)

the certificates required by Rule 10-202;

Committee note: Rule 10-202 (a)(2) requires that a certificate

of a licensed physician, licensed psychologist, or licensed

certified social worker-clinical, or nurse practitioner be

substantially in the form approved by the State Court

Administrator, posted on the Judiciary website, and available in

the offices of the clerks of the circuit courts.

. . .

116

RULE 14-204

MARYLAND RULES OF PROCEDURE

TITLE 14 – SALES OF PROPERTY

CHAPTER 200 – FORECLOSURE OF LIEN INSTRUMENTS

AMEND Rule 14-204, by reorganizing it, by clarifying that

the provision pertaining to priority of actions applies only in

cases in which there are fractional interest holders of the lien

instrument being foreclosed, and making stylistic changes, as

follows:

Rule 14-204.

(a)

INSTITUTION OF ACTION

Who May File

(1)(a) Under Power of Sale

Subject to compliance with subsection (a)(3) section (c)

of this Rule, any individual authorized to exercise a power of

sale may institute an action to foreclose the lien.

(2)(b) Under Assent to Decree

A secured party may file an action to foreclose the lien

under an assent to a decree, except that an action to foreclose

a deed of trust shall be instituted by the beneficiary of the

deed of trust, any trustee appointed in the deed, or any

successor trustee.

(3)(c) Fractional Owners of Debt

117

RULE 14-204

(1) Minimum Fractional Interest Required

Except when the lien instrument is a deed of trust, a

power of sale may not be exercised, and the court may not enter

an order for a sale under an assent to a decree, unless the

power is exercised or application for an order is made or

consented to by the holders of 25% or more of the entire debt

due under the lien instrument.

(b)(2) Priority of Actions Involving Fractional Interests

If more than one party is authorized under these Rules

to file an action to foreclose a lien, the first such party to

file an action acquires the exclusive right to foreclose proceed

on behalf of all fractional interest holders of the lien

instrument being foreclosed.

Source:

This Rule is derived as follows:

Subsection Section (a)(1) is derived from the 2008 version of

former Rule 14-202 (a)(1).

Subsection Section (a)(2)(b) is derived from the 2008 version of

former Rule 14-202 (a)(2).

Subsection (a)(3)(c)(1) is derived from the 2008 version of

former Rule 14-202 (b)(1) and (c).

Section Subsection (b)(c)(2) is derived from the 2008 version of

former Rule 14-202 (b)(2).

118

RULE 15-504

MARYLAND RULES OF PROCEDURE

TITLE 15 - OTHER SPECIAL PROCEEDINGS

CHAPTER 500 - INJUNCTIONS

AMEND Rule 15-504 by adding new subsection (a)(2) to

require a court to make appropriate findings regarding the four

factors for granting a preliminary injunction and by adding a

cross reference following section (a), as follows:

Rule 15-504.

(a)

TEMPORARY RESTRAINING ORDER

Standard for Granting

A temporary restraining order may be granted only if (1)

it clearly appears from specific facts shown by affidavit or

other statement under oath that immediate, substantial, and

irreparable harm will result to the party seeking the order

before a full adversary hearing can be held on the propriety of

a preliminary or final injunction, and (2) the court examines

and makes appropriate findings regarding:

(A) the likelihood that the moving party will succeed on

the merits;

(B) the balance of harm to each party if relief is or is

not granted;

119

RULE 15-504

injury unless the order is granted; and

(D) a determination that granting the order is not

contrary to the public interest.

Cross reference: See Fuller v. Republican Cent. Comm., 444 Md.

613, 635-636 (2015). For an exception pertaining to

governmental parties, see State Dep’t v. Baltimore County, 281

Md. 548, 557 (1977).

. . .

Source: This Rule is derived from former Rules BB72, 73, and

79, and the 1987 version of Fed. R. Civ. P. 65 (b).

120

RULE 15-1302

MARYLAND RULES OF PROCEDURE

TITLE 15 – OTHER SPECIAL PROCEEDINGS

CHAPTER 1300 – STRUCTURED SETTLEMENT TRANSFERS

AMEND Rule 15-1302 to conform a cross reference after

subsection (c)(1)(F) to amendments to Rule 16-915, as follows:

Rule 15-1302.

PETITION FOR APPROVAL

. . .

(c)

Contents of Petition

In addition to any other necessary averments, the

petition shall:

(1) subject to section (d) of this Rule, include as

exhibits:

(A) a copy of the structured settlement agreement;

(B) a copy of any order of a court or other governmental

authority approving the structured settlement;

payments under the structured settlement agreement or, if any

such annuity contract is not available, a copy of a document

from the annuity issuer or obligor evidencing the payments

payable under the annuity policy;

(D) a copy of the transfer agreement;

121

RULE 15-1302

(E) a copy of any disclosure statement provided to the

payee by the transferee;

(F) a written Consent by the payee substantially in the

form specified in Rule 15-1303;

Cross reference: For shielding requirements applicable to

identifying information contained in the payee’s Consent, see

Rule 16-915 (f)(h).

(G) an affidavit by the independent professional advisor

selected by the payee, in conformance with Rule 15-1304;

(H) a copy of any complaint that was pending when the

structured settlement was established; and

(I) proof of the petitioner’s current registration with

the Office of the Attorney General as a structured settlement

transferee or a copy of a pending application for registration

as specified in Code, Courts Article, § 5-1107, if the Office of

the Attorney General has not acted within the time specified in

Code, Courts Article, Title 5, Subtitle 11.

. . .

122

RULE 16-109

MARYLAND RULES OF PROCEDURE

TITLE 16 – COURT ADMINISTRATION

CHAPTER 100 – COURT ADMINISTRATIVE STRUCTURE

AMEND Rule 16-109 by adding a provision pertaining to

educational programs conducted during a meeting of the Judicial

Conference and by adding a Committee note, as follows:

RULE 16-109.

(a)

MARYLAND JUDICIAL CONFERENCE

Existence; Membership; Chair; Secretariat

There is a Maryland Judicial Conference which consists of

the judges of the Court of Appeals, the Court of Special

Appeals, the circuit courts, and the District Court.

The Chief

Judge of the Court of Appeals is the Chair of the Conference.

The Administrative Office of the Courts is the secretariat for

the Conference.

(b)

Duties

The Judicial Conference may:

(1) consider the annual report of the Judicial Council and

such other business as may be presented to the Conference,

(2) discuss new and proposed legislation, proposed and

adopted changes to the Maryland Rules, emerging case law, and

123

RULE 16-109

trends that may affect the Maryland courts, judges, or the

broader legal and judicial community, and

(3) exchange ideas with respect to the improvement of the

administration of justice in Maryland.

(c)

Sessions

Unless otherwise ordered by the Chief Judge of the Court

of Appeals, the Conference shall meet in general session

periodically at the time and place designated by the Chief

Judge.

Each session of the Conference shall be for the number

of days determined by the Chief Judge.

Educational programs

conducted during a meeting of the Judicial Conference shall be

under the auspices of the Judiciary’s education committee

created by Administrative Order.

Source: This Rule is derived in part from former Rule 16-802

(2016) and is in part new.

124

RULE 16-702

MARYLAND RULES OF PROCEDURE

TITLE 16 – COURT ADMINISTRATION

CHAPTER 700 – MISCELLANEOUS JUDICIAL UNITS

AMEND Rule 16-702 by revising provisions pertaining to the

appointment of an Executive Committee, as follows:

RULE 16-702.

(a)

CONFERENCE OF CIRCUIT JUDGES

Existence; Membership; Terms

There is a Conference of Circuit Judges.

The Conference

consists of the Circuit Administrative Judge of each judicial

circuit and one additional circuit court judge from each

judicial circuit elected by the incumbent circuit court judges

in that circuit.

two years.

The elected members shall serve for a term of

If a vacancy occurs because an elected member

resigns from the Conference, leaves judicial office, or is

appointed to another judicial office, the incumbent circuit

court judges in that judge's judicial circuit shall elect a

replacement member to serve for the balance of the unexpired

term.

(b)

Chair and Vice Chair

The Conference shall elect from its members a Chair and a

Vice Chair.

The election shall be held every two years, but an

125

RULE 16-702

interim election shall be held if necessary because an incumbent

chair or vice chair ceases to be a member of the Conference.

(c)

Meetings; Quorum

The Conference shall meet at least four times a year.

majority of the authorized members of the Conference shall

constitute a quorum.

(d)

Duties

(1) Administration Policies

The Conference shall work collaboratively and in

consultation with the Judicial Council in developing

recommendations affecting the administration of the circuit

courts, including:

(A) programs and practices that will enhance the

administration of justice in the circuit courts;

(B) the level of operational and judicial resources for

the circuit courts to be included in the Judiciary budget;

or Rules that may affect the circuit courts; and

(D) the compensation and benefits for circuit court

judges.

(2) Consultants

With the approval of the Chief Judge of the Court of

Appeals, the Conference may retain consultants in matters

relating to the circuit courts.

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(3) Consultation With Chief Judge of the Court of Appeals.

The Conference may nominate to the Chief Judge of the Court of

Appeals circuit court judges for membership on committees and

bodies of interest to the circuit courts.

(4) Majority Vote

The Conference and the Executive Committee of the

Conference each shall carry out its duties pursuant to a

majority vote of its authorized membership.

(e)

Executive Committee

(1) Existence; Membership

There is an Executive Committee of the Conference.

consists of the Conference Chair and Vice Chair and the other

members designated by the Conference.

(2) Authority

(1) Appointment; Authority

The Executive Committee may act with The Conference may

appoint an Executive Committee, which shall have the full

authority of the Conference to act when the Conference is not in

session.

The actions of the Executive Committee shall be

reported fully to the Conference at its next meeting.

(3)(2) Quorum

A majority of the authorized membership of the Executive

Committee shall constitute a quorum.

(4)(3) Convening the Executive Committee

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RULE 16-702

The Executive Committee shall convene at the call of the

Conference Chair.

In the absence of the Chair, the Vice Chair

may convene the Executive Committee.

(f)

Conference Staff

The Administrative Office of the Courts shall serve as

staff to the Conference and its Executive Committee.

Source:

This Rule is derived from former Rule 16-108 (2016).

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MARYLAND RULES OF PROCEDURE

TITLE 16 – COURT ADMINISTRATION

CHAPTER 900 – ACCESS TO JUDICIAL RECORDS

DIVISION 2. LIMITATIONS ON ACCESS

AMEND Rule 16-913 by adding a new section (i) pertaining to

notes, memoranda, and minutes of meetings of certain entities

and by adding a Committee note after section (i), as follows:

Rule 16-913.

(a)

ACCESS TO ADMINISTRATIVE RECORDS

Records Pertaining to Jurors

(1) A custodian shall deny inspection of an administrative

record used by a jury commissioner in the jury selection

process, except (i) as otherwise ordered by a trial judge in

connection with a challenge under Code, Courts Article, §§ 8-408

and 8-409; or (ii) as provided in subsections (a)(2) and (a)(3)

of this Rule.

(2) Upon request, the trial judge may authorize a custodian

to disclose the names and zip codes of the sworn jurors

contained on a jury list after the jury has been impaneled and

sworn.

Cross reference:

See Rule 4-312 (d).

(3) After a source pool of qualified jurors has been emptied

and re-created in accordance with Code, Courts Article, § 8-207,

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RULE 16-913

and after every individual selected to serve as a juror from

that pool has completed the individual’s service, a trial judge,

upon request, shall disclose the name, zip code, age, gender,

education, occupation, marital status, and spouse’s occupation

of each person whose name was selected from that pool and placed

on a jury list, unless, in the interest of justice, the trial

judge determines that this information should remain

confidential in whole or in part.

(4) A jury commissioner may provide jury lists to the Health

Care Alternative Dispute Resolution Office as required by that

Office in carrying out its duties, subject to any regulations of

that office to ensure against improper dissemination of juror

data.

Cross reference:

See Rule 4-312 (d).

(5) At intervals acceptable to the jury commissioner, a jury

commissioner shall provide to the State Board of Elections and

State Motor Vehicle Administration data about prospective,

qualified, or sworn jurors needed to correct erroneous or

obsolete information, such as that related to a death or change

of address, subject to the Board’s and Administration’s adoption

of regulations to ensure against improper dissemination of juror

data.

(b)

Personnel Records — Generally

(1) Not Open to Inspection

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Except as otherwise permitted by the PIA or by this

Rule, a custodian shall deny to a person, other than the person

who is the subject of the record, inspection of the personnel

records of an employee of the court, other judicial agency, or

special judicial unit, or of an individual who has applied for

employment with the court, other judicial agency, or special

judicial unit.

(2) Open to Inspection

The following records or information are not subject to

this exclusion and, unless sealed or otherwise shielded pursuant

to the Maryland Rules or other law, shall be open to inspection:

(A) the full name of the individual;

(B) the date of the application for employment and the

position for which application was made;

(D) the name, location, and telephone number of the court,

other judicial agency, or special judicial unit to which the

individual has been assigned;

(E) the current and previous job titles and salaries of

the individual during employment by the court, other judicial

agency, or special judicial unit;

(F) the name of the individual’s current supervisor;

(G) the amount of monetary compensation paid to the

individual by the court, other judicial agency, or special

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RULE 16-913

judicial unit and a description of any health, insurance, or

other fringe benefit that the individual is entitled to receive

from the court or judicial agency;

(H) unless disclosure is prohibited by law, other

information authorized by the individual to be released; and

(I) a record that has become a case record.

Committee note: Although a judicial record that has become a

case record is not subject to the exclusion under section (d) of

this Rule, it may be subject to sealing or shielding under other

Maryland Rules or law.

(c)

Personnel Records — Retirement

Unless inspection is permitted under the PIA or the

record has become a case record, a custodian shall deny

inspection of a retirement record of an employee of the court,

other judicial agency, or special judicial unit.

(d)

Administrative Record Prepared by or for a Judge or Other

Judicial Personnel

A custodian shall deny inspection of an administrative

record that is:

(1) prepared by or for a judge or other judicial personnel;

(2) either (A) purely administrative in nature but not a

local rule, policy, or directive that governs the operation of

the court or (B) a draft of a document intended for

consideration by the author or others and not intended to be

final in its existing form; and

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RULE 16-913

(3) not filed with the clerk and not required to be filed

with the clerk.

Cross reference: For judicial or other professional work

product, see Rule 16-911 (d).

(e)

Educational and Training Materials

A custodian shall deny inspection of judicial records

prepared by, for, or on behalf of a unit of the Maryland

Judiciary for use in the education and training of Maryland

judges, magistrates, clerks, and other judicial personnel.

(f)

Procurement Records

Inspection of judicial records in the form of procurement

documents shall be governed exclusively by the Procurement

Policy of the Judiciary approved by the Chief Judge of the Court

of Appeals and posted on the Judiciary website.

This Rule

applies whether the procurement is funded by the federal, State,

or local government.

(g)

Interagency and Intra-agency Memoranda

A custodian may deny inspection of all or any part of an

interagency or intra-agency letter or memorandum that would not

be available by law to a private party in litigation with the

custodian or the unit in which the custodian works.

(h)

Problem-Solving Court Program Records

A custodian shall deny inspection of all or any part of a

judicial record maintained in connection with a participant in a

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problem-solving court program operating pursuant to Rule 16-207

that is not contained in a case record.

Committee note: Problem-solving court programs often provide

for professionals in various fields working with a judge or

other judicial official as a team to deal with participants in

the program. That may result in the judge or other judicial

official coming into possession of documents that identify the

participant and contain sensitive information about the

participant — health information, school records, drug testing,

psychological evaluations. Some of that information may

ultimately end up as a case record, and, if it does, public

inspection will be determined by the Rules governing access to

case records. To the extent the information does not become a

case record but is used in private discussions among the therapy

team, it will be shielded under this Rule, even though it also

may be shielded under other Rules as well. Subsection (h)does

not apply to judicial records regarding the creation,

governance, or evaluation of problem-solving court programs that

do not identify participants.

(i)

Notes, Memoranda, and Minutes of Meetings of Committees,

Subcommittees, or Work Groups Not Public Bodies

A custodian shall deny inspection of notes, memoranda,

and minutes of a meeting of a judicial committee, subcommittee,

or work group that is not a public body as defined in Code,

General Provisions Article, § 3-101.

Committee note: There exist committees, subcommittees, or work

groups that are sub-units within a larger judicial entity that

constitutes a public body as defined in Code, General Provisions

Article, § 3-101. The predominant function of those committees,

subcommittees, and work groups is to investigate issues within

their jurisdiction and develop recommendations for the parent

entity to consider. The committees, subcommittees, and work

groups are not “public bodies” subject to the Open Meetings Law,

as they do not meet the definition of that term in Code, General

Provisions Article, § 3-101(h). They therefore are permitted,

as a matter of judicial policy, to hold meetings not open to the

public and are not required to keep minutes of their meetings.

It is not uncommon, however, for a committee, subcommittee, or

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RULE 16-913

work group member or staff person to keep notes of what occurred

at meetings of those committees, subcommittees, or work groups

and to circulate them to their members. Those notes, whether or

not designated as minutes, represent the author’s perception of

what was discussed or what occurred and are in the nature both

of the author’s work product and an intra-agency memorandum.

Section (i) of this Rule clarifies that those notes or

memoranda, whether or not in the form of minutes, are not

required to be open to public inspection. Any recommendations

or decisions of the committee, subcommittee, or work group

submitted to and considered by the parent body will be reflected

in the minutes of the parent body, subject to any exceptions

allowed in these Rules.

Source: This Rule is derived in part from former Rule 16-905

(2019) and in part from Code, General Provisions Article, § 4344, and in part is new. See also Stromberg Metal Works, Inc.

v. University of Maryland, 382 Md. 151, 163 (2004).

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MARYLAND RULES OF PROCEDURE

TITLE 16 – COURT ADMINISTRATION

CHAPTER 900 – ACCESS TO JUDICIAL RECORDS

DIVISION 2. LIMITATIONS ON ACCESS

AMEND Rule 16-914 to correct a parenthetical reference to a

subtitle of the Criminal Procedure Article, as follows:

RULE 16-914. CASE RECORDS – REQUIRED DENIAL OF INSPECTION –

CERTAIN CATEGORIES

Except as otherwise provided by law, court order, or the

Rules in this Chapter, the custodian shall deny inspection of:

. . .

(f)

The following case records in criminal actions or

proceedings:

(1) A case record that has been ordered expunged pursuant to

Rule 4-508.

(2) The following case records pertaining to search

warrants:

(A) The warrant, application, and supporting affidavit,

prior to execution of the warrant and the filing of the records

with the clerk.

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RULE 16-914

(B) Executed search warrants and all papers attached

thereto filed pursuant to Rule 4-601, except as authorized by a

judge under that Rule.

(3) The following case records pertaining to an arrest

warrant:

(A) A case record pertaining to an arrest warrant issued

under Rule 4-212 (d) and the charging document upon which the

warrant was issued until the conditions set forth in Rule 4-212

(d)(3) are satisfied.

(B) Except as otherwise provided in Code, General

Provisions Article, § 4-316, a case record pertaining to an

arrest warrant issued pursuant to a grand jury indictment or

conspiracy investigation and the charging document upon which

the arrest warrant was issued.

(4) Unless entered into evidence at a hearing or trial or

otherwise ordered by the court, a case record pertaining to (i)

a pen register or trace device applied for or ordered pursuant

to Rule 4-601.1, (ii) an emergency order applied for or entered

pursuant to Rule 4-602, (iii) the interception of wire or oral

communications applied for or ordered pursuant to Rule 4-611, or

(v) an order for electronic device location information applied

for or entered pursuant to Rule 4-612.

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RULE 16-914

(5) A case record maintained under Code, Courts Article, §

9-106, of the refusal of an individual to testify in a criminal

action against the individual's spouse.

(6) Subject to Rules 16-902 (c) and 4-341, a presentence

investigation report prepared pursuant to Code, Correctional

Services Article, § 6-112.

(7) Except as otherwise provided by law, a case record

pertaining to a criminal investigation by (A) a grand jury, (B)

a State's Attorney pursuant to Code, Criminal Procedure Article,

§ 15-108, (C) the State Prosecutor pursuant to Code, Criminal

Procedure Article, § 14-110, or (D) the Attorney General when

acting pursuant to Article V, § 3 of the Maryland Constitution

or other law or a federal law enforcement agency.

Cross reference: See Code, Criminal Procedure Article, §§ 1203.1, 9-101, 14-110, and 15-108, and Rules 4-612 and 4-643

dealing, respectively, with electronic device location,

extradition warrants, States' Attorney, State Prosecutor, and

grand jury subpoenas, and Code, Courts Article, §§ 10-406, 10408, 10-4B-02, and 10-4B-03 dealing with wiretap and pen

§§ 11-110.1 and 11-114 dealing with HIV test results.

Committee note: Although this Rule shields only case records

pertaining to a criminal investigation, there may be other laws

that shield other kinds of judicial records pertaining to such

investigations. This Rule is not intended to affect the

operation or effectiveness of any such other law.

(8) A case record required to be shielded by Code, Criminal

Procedure Article, Title 10, Subtitle 3 (Incompetency and

Criminal Responsibility Criminal Records-Shielding).

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RULE 16-914

Cross reference: See Code, Criminal Law Article, § 5-601.1

governing confidentiality of judicial records pertaining to a

citation issued for a violation of Code, Criminal Law Article,

§ 5-601 involving the use or possession of less than 10 grams of

marijuana.

. . .

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RULE 16-915

MARYLAND RULES OF PROCEDURE

TITLE 16 – COURT ADMINISTRATION

CHAPTER 900 – ACCESS TO JUDICIAL RECORDS

DIVISON 2. LIMITATIONS ON ACCESS

AMEND Rule 16-915 to indicate that the State may request

shielding of certain information, to add a section addressing

shielding of information for witnesses, and to re-letter

subsequent sections, as follows:

RULE 16-915.

CASE RECORDS – REQUIRED DENIAL OF INSPECTION –

SPECIFIC INFORMATION

Except as otherwise provided by law, the Rules in this

Chapter, or court order, a custodian shall deny inspection of a

case record or part of a case record that would reveal:

. . .

(c)

The address, telephone number, and e-mail address of a

victim or victim’s representative in a criminal action, juvenile

delinquency action, or an action under Code, Family Law Article,

Title 4, Subtitle 5, who has requested, or as to whom the State

has requested, that such information be shielded.

Such a

request may be made at any time, including in a victim

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RULE 16-915

notification request form filed with the clerk or a request or

petition filed under Rule 16-934.

(d)

The address, telephone number, and e-mail address of a

witness in a criminal or juvenile delinquency action, who has

requested, or as to whom the State has requested, that such

information be shielded.

Such a request may be made at any

time, including a request or petition filed under Rule 16-934.

(d)(e) Any part of the Social Security or federal tax

identification number of an individual.

(e)(f) A trade secret, confidential commercial information,

confidential financial information, or confidential geological

or geophysical information.

(f)(g) Information about a person who has received a copy of a

case record containing information prohibited by Rule 1-322.1.

(g)(h) The address, telephone number, and e-mail address of a

payee contained in a Consent by the payee filed pursuant to Rule

15-1302 (c)(1)(F).

Cross reference: See Rule 16-934 (h) concerning information

shielded upon a request authorized by Code, Courts Article,

Title 3, Subtitle 15 (peace orders) or Code, Family Law Article,

Title 4, Subtitle 5 (domestic violence) and in criminal actions.

For obligations of a filer of a submission containing restricted

information, see Rules 16-916 and 20-201.1.

Source:

This Rule is derived from former Rule 16-908 (2019).

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MARYLAND RULES OF PROCEDURE

TITLE 16 – COURT ADMINISTRATION

CHAPTER 900 – ACCESS TO JUDICIAL RECORDS

DIVISON 4. RESOLUTION OF DISPUTES

AMEND Rule 16-934 to include juvenile delinquency

proceedings in section (h), as follows:

RULE 16-934.

CASE RECORDS – COURT ORDER DENYING OR PERMITTING

INSPECTION NOT OTHERWISE AUTHORIZED BY RULE

. . .

(h)

Request to Shield Certain Information

(1) This subsection applies to a request, filed by an

individual entitled to make it, (A) to shield information in a

case record that is subject to shielding under Code, Courts

Article, Title 3, Subtitle 15 (peace orders) or Code, Family Law

Article, Title 4, Subtitle 5 (domestic violence) or (B) in a

criminal or juvenile delinquency action, to shield the address

or telephone number of a victim, victim’s representative or

witness.

(2) The request shall be in writing and filed with the

person having custody of the record.

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RULE 16-934

(3) If the request is granted, the custodian shall deny

inspection of the shielded information.

The shield shall remain

in effect until terminated or modified by order of court.

Any

person aggrieved by the custodian’s decision may file a petition

under section (b) of this Rule.

Committee note: If a court or District Court Commissioner

grants a request to shield information under section (h) of this

Rule, no adversary hearing is held unless a person seeking

inspection of the shielded information files a petition under

section (b) of this Rule.

Source:

This Rule is derived from former Rule 16-912 (2019).

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RULE 18-402

MARYLAND RULES OF PROCEDURE

TITLE 18 – JUDGES AND JUDICIAL APPOINTEES

CHAPTER 400 – JUDICIAL DISABILITIES AND DISCIPLINE

DIVISION 1. GENERAL PROVISIONS

AMEND Rule 18-402 by providing that the “address of record”

of a judge who is an attorney is the address the judge has

designated as the judge’s preferred address in Attorney

Information System (AIS) and by adding a Committee note and

cross reference following section (a), as follows:

RULE 18-402.

DEFINITIONS

The following definitions apply in this Chapter except as

otherwise expressly provided or as necessary implication

requires:

(a)

Address of Record

“Address of record” means a judge’s (1) if a judge is an

attorney, the address that the judge has designated as the

judge’s preferred address in the Attorney Information System

(AIS), and (2) if the judge is not an attorney, the judge’s

current home address or another address designated in writing by

the judge.

Committee note: All judges of the Court of Appeals, the Court

of Special Appeals, the circuit courts, and the District Court

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RULE 18-402

are attorneys.

attorneys.

Some judges of the Orphans’ Courts are not

Cross reference: For the obligation of a judge who is an

attorney to register with AIS and keep the registration

information current, see Rule 19-802. See Rule 18-407 (a)(1)

concerning confidentiality of a judge’s home address.

. . .

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RULE 18-404

MARYLAND RULES OF PROCEDURE

TITLE 18 – JUDGES AND JUDICIAL APPOINTEES

CHAPTER 400 – JUDICIAL DISABILITIES AND DISCIPLINE

DIVISION 1. GENERAL PROVISIONS

AMEND Rule 18-404 by adding lettered sections, by allowing

a judge to specify an address where charges are to be served, by

allowing charges to be served on the judge’s attorney under

certain circumstances, by specifying that service is complete

upon mailing, by requiring charges to be sent to the judge via

electronic mail contemporaneously where possible, by requiring

subsequent documents to be served via first-class mail under

certain circumstances, and by making stylistic changes, as

follows:

RULE 18-404.

(a)

SERVICE OF DOCUMENTS

Charges

(1) Where Served

Charges filed against a judge shall be served on the

judge at the address requested by the judge or at the judge's

address of record by certified mail, restricted delivery, and by

first class mail., except if the judge is represented by an

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RULE 18-404

attorney who has agreed to accept service, service shall be on

the judge’s attorney at the attorney’s business address.

(2) Method of Service

Charges shall be served by certified mail, restricted

delivery, and by first-class mail.

Service shall be complete

upon mailing in accordance with Rule 1-321 (b).

If an

electronic mail address has been furnished by the judge, charges

shall be contemporaneously transmitted electronically.

(b)