# IN THE COURT OF APPEALS OF MARYLAND > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/court_rules%3Amd%3Aee2215bf3572d476 ## Record - **Collection:** Court rules - **Document type:** Court rule ## Text IN THE COURT OF APPEALS OF MARYLAND R U L E S O R D E R This Court’s Standing Committee on Rules of Practice and Procedure having submitted its 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 5 RULE 1-311 the entry of a judgment. (2001). See Blundon v. Taylor, 364 Md. 1 . . . 6 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 7 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. 8 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. 9 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 10 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 (C) the attorney’s customary fee for similar legal 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. 11 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 12 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 13 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; 14 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. 15 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. 16 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 17 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 18 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). 19 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; (C) the defendant’s family ties, employment status and history, financial resources, reputation, character and mental condition, length of residence in the community, and length of residence in this State; (D) 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; 20 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. . . . 21 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 22 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. 23 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. . . . 24 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 25 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; 26 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. (C) prior criminal convictions, pending charges, or probationary status that may be used to impeach the witness, but the State’s Attorney is not required to investigate the criminal record of the witness unless the State’s Attorney knows or has reason to believe that the witness has a criminal record; (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 27 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 28 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 (C) the substance of any oral report and conclusion by the expert; (9) Evidence for Use at Trial The opportunity to inspect, copy, and photograph all documents, computer-generated evidence as defined in Rule 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 29 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. . . . 30 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 31 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: 32 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. 33 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. 34 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; 35 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. . . . 36 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: 37 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 38 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. 39 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. No 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, 40 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. . . . 41 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. . . . 42 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 43 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. 44 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 45 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. 46 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. . . . 47 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. 48 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. 49 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. 50 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. 51 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 52 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: 53 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 ________________________________________________________________ . . . 54 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. _____ 55 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 56 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: ________________________________________________________________ . . . 57 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 58 RULE 6-411 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 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 59 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: ________________________ ________________________________ 60 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. (C) An exercise of a right of election by a guardian or 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 61 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. 62 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. Register of Wills (d) Withdrawal 63 RULE 6-411 The surviving spouse or the specifically authorized guardian or agent of the surviving spouse may file with the register a withdrawal of the election at any time before the expiration of the time, or any extension thereof granted by the court, for filing an election. . . . 64 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 register and serving a copy on the personal representative, or (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 65 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 66 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 67 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. 68 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 69 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 70 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. . . . 71 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 72 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 73 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 74 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 75 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; (C) the fee does not exceed the terms of the contingency 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 76 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 77 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) 78 RULE 6-416 and $_________ under Code, Estates and Trusts Article § 7603(b), to be paid as follows: Amount To 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 _____________________________ 79 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. 80 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 register shall redact the value of the elective share. (b) Certification of Accuracy 81 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. 82 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 83 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 84 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. 85 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 86 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. If 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). 87 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. 88 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: 89 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 90 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 91 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 92 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. 93 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 94 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. . . . 95 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 96 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. 97 RULE 6-501 __________________________ __________________________ Foreign Personal Representative Name of Newspaper: __________________________ __________________________ __________________________ Register of Wills _______________ Address Date of first publication Cross reference: Code, Estates and Trusts Article, §§ 5-503(b), 5-504, and 7-103. . . . 98 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. 99 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 v. 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) A 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 on 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: % ////// ////// ////// ////// ////// ////// ////// ////// ////// ////// B$ ////// ////// ////// ////// A$ B$ ////// ////// ////// ////// ////// ////// A$ B$ ////// % A$ # of overnights amount • 92-94 .10 • 95-98 .08 • 99-102 .06 • • 103-105 106-109 .04 .02 102 B 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.) A$ 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: B$ $ $ ////// ////// ////// ////// ////// ////// ////// ////// ////// ////// ////// ////// ////// ////// ////// a. Work-Related C hil d Care Expenses (Code, Family Law Article, §12-204 (g)) ////// ////// ////// ////// ////// ////// ////// ////// + b. ////// ////// ////// ////// ////// ////// + ////// ////// ////// ////// ////// ////// ////// ////// + ////// ////// ////// ////// ////// ////// ////// ////// ////// ////// ////// ////// + 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. $ $ g. h. i. j. Total amount of direct made for Line 11 13 d multiplied by 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 by 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 1. 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; (c) Signed and verified certificates of two health care 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)). 2. 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 (C) whether the moving party will suffer irreparable 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; (C) a copy of each annuity contract that provides for 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 ne [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/court_rules%3Amd%3Aee2215bf3572d476. Public record. Not legal advice.