IN THE SUPREME COURT OF MARYLAND
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IN THE SUPREME COURT 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 Fifteenth Report
to the Supreme Court of Maryland, recommending amendments to
Rules 1-101.1, 1-105, 1-325.1, 1-332, 1-333, 2-124, 2-551, 2623, 2-703, 3-124, 3-632, 3-731, 4-271, 4-333, 4-408, 4-502, 5201, 6-464, 7-111, 7-509, 8-101, 8-102, 8-111, 8-112, 8-131, 8201, 8-204, 8-301, 8-302, 8-304, 8-305, 8-402, 8-421, 8-425, 8432, 8-502, 8-503, 8-504, 8-511, 8-521, 8-522, 8-523, 8-605.1,
8-606, 8-608, 8-611, 9-205.2, 12-211, 15-205, 15-312, 15-1103,
15-1104, 16-101, 16-102, 16-103, 16-104, 16-105, 16-106, 16-107,
16-108, 16-109, 16-110, 16-111, 16-201, 16-203, 16-204, 16-205,
16-207, 16-208, 16-307, 16-308, 16-401, 16-402, 16-403, 16-404,
16-505, 16-601, 16-605, 16-701, 16-702, 16-801, 16-802, 16-803,
16-804, 16-806, 16-902, 16-903, 16-911, 16-913, 16-917, 16-918,
16-931, 16-932, 16-1001, 16-1002, 16-1003, 17-101, 17-205, 17206, 17-208, 17-304, 17-401, 17-405, 17-406, 17-603, 18-100.1,
18-100.2, 18-103.15, 18-104.1, 18-203.15, 18-302, 18-303, 18306, 18-307, 18-402, 18-407, 18-408, 18-409.1, 18-411, 18-412,
18-422, 18-428, 18-435, 18-436, 18-437, 18-438, 18-441, 18-442,
18-501, 18-601, 18-602, 18-603, 18-604, 19-101, 19-105, 19-208,
19-212, 19-214, 19-218, 19-219, 19-222, 19-300.1, 19-308.1, 19308.5, 19-402, 19-409, 19-411, 19-501, 19-502, 19-503, 19-603,
19-604, 19-605, 19-606, 19-607, 19-608, 19-610, 19-611, 19-701,
19-702, 19-703, 19-704, 19-705, 19-706, 19-707, 19-709, 19-712,
19-717.1, 19-721, 19-722, 19-723, 19-724, 19-725, 19-727, 19728, 19-731, 19-732, 19-733, 19-735, 19-736, 19-737, 19-738, 19739, 19-740, 19-741, 19-742, 19-743, 19-751, 19-752, 19-761, 19801, 20-101, 20-102,
20-103, 20-104, 20-109, 20-201, 20-402,
20-502, and 20-503 of the Maryland Rules of Procedure, all as
posted for comment on the website of the Maryland Judiciary; and
This Court having considered the proposed Rules changes,
together with comments received, at an open meeting, notice of
which was posted as prescribed by law, making on its own motion
certain amendments to the proposed Rules changes, and finding
that exigent circumstances exist with reference to the effective
date of the proposed Rules changes, it is this 21st day of April,
2023, nunc pro tunc to April 1, 2023,
ORDERED, by the Supreme Court of Maryland, that amendments
to Rules 1-101.1, 1-105, 1-325.1, 1-332, 1-333, 2-124, 2-551, 2623, 2-703, 3-124, 3-632, 3-731, 4-271, 4-333, 4-408, 4-502, 5201, 6-464, 7-111, 7-509, 8-101, 8-102, 8-111, 8-112, 8-131, 8201, 8-204, 8-301, 8-302, 8-304, 8-305, 8-402, 8-421, 8-425, 8432, 8-502, 8-503, 8-504, 8-511, 8-521, 8-522, 8-523, 8-605.1,
8-606, 8-608, 8-611, 9-205.2, 12-211, 15-205, 15-312, 15-1103,
15-1104, 16-101, 16-102, 16-103, 16-104, 16-105, 16-106, 16-107,
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16-108, 16-109, 16-110, 16-111, 16-201, 16-203, 16-204, 16-205,
16-207, 16-208, 16-307, 16-308, 16-401, 16-402, 16-403, 16-404,
16-505, 16-601, 16-605, 16-701, 16-702, 16-801, 16-802, 16-803,
16-804, 16-806, 16-902, 16-903, 16-911, 16-913, 16-917, 16-918,
16-931, 16-932, 16-1001, 16-1002, 16-1003, 17-101, 17-205, 17206, 17-208, 17-304, 17-401, 17-405, 17-406, 17-603, 18-100.1,
18-100.2, 18-103.15, 18-104.1, 18-203.15, 18-302, 18-303, 18306, 18-307, 18-402, 18-407, 18-408, 18-409.1, 18-411, 18-412,
18-422, 18-428, 18-435, 18-436, 18-437, 18-438, 18-441, 18-442,
18-501, 18-601, 18-602, 18-603, 18-604, 19-101, 19-105, 19-208,
19-212, 19-214, 19-218, 19-219, 19-222, 19-300.1, 19-308.1, 19308.5, 19-402, 19-409, 19-411, 19-501, 19-502, 19-503, 19-603,
19-604, 19-605, 19-606, 19-607, 19-608, 19-610, 19-611, 19-701,
19-702, 19-703, 19-704, 19-705, 19-706, 19-707, 19-709, 19-712,
19-717.1, 19-721, 19-722, 19-723, 19-724, 19-725, 19-727, 19728, 19-731, 19-732, 19-733, 19-735, 19-736, 19-737, 19-738, 19739, 19-740, 19-741, 19-742, 19-743, 19-751, 19-752, 19-761, 19801, 20-101, 20-102,
20-103, 20-104, 20-109, 20-201, 20-402,
20-502, and 20-503 be, and they are hereby, adopted in the form
attached to this Order; 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 April 1, 2023,
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and, insofar as practicable, to all actions then pending; and it
is further
ORDERED that a copy of this Order be posted promptly on the
website of the Maryland Judiciary.
/S/ Matthew J. Fader_________
Matthew J. Fader
/S/ Shirley M. Watts_________
Shirley M. Watts
/S/ Michele D. Hotten________
Michele D. Hotten
/S/ Brynja M. Booth _________
Brynja M. Booth
/S/ Jonathan Biran
_________
Jonathan Biran
/S/ Steven B. Gould_ ________
Steven B. Gould
/S/ Angela M. Eaves _________
Angela M. Eaves
Filed: April 21, 2023
Pursuant to the Maryland Uniform Electronic Legal Materials
Act (§§ 10-1601 et seq. of the State Government Article) this
document is authentic.
/S/ Gregory Hilton______
2023-04-21 09:09-04:00
Clerk
Supreme Court of Maryland
Gregory Hilton, Clerk
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MARYLAND RULES
TITLE 1 – GENERAL PROVISIONS
CHAPTER 100 – APPLICABILITY AND CITATION
AMEND Rule 1-101.1 by deleting the last sentence of the
Committee note following section (b), as follows:
Rule 1-101.1.
(a)
NAMES OF APPELLATE COURTS; RULES OF CONSTRUCTION
Generally
From and after December 14, 2022, any reference in these
Rules or, in any proceedings before any court of the Maryland
Judiciary, any reference in any statute, ordinance, or
regulation applicable in Maryland to the Court of Appeals of
Maryland shall be deemed to refer to the Supreme Court of
Maryland, and any reference to the Court of Special Appeals of
Maryland shall be deemed to refer to the Appellate Court of
Maryland.
Unless otherwise specified, any reference in these
Rules to the Supreme Court shall be deemed to refer to the
Supreme Court of Maryland, and any reference in these Rules to
the Appellate Court shall be deemed to refer to the Appellate
Court of Maryland.
(b)
Terminology – Appellate Court
In these Rules, wherever the term appellate court appears
with initial capital letters (“Appellate Court”), the term means
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the Appellate Court of Maryland.
Wherever the term appellate
court appears with lower case initial letters (“appellate
court”), the term, as applicable under the circumstances, may
refer to any court that is exercising appellate jurisdiction.
Committee note: By 2021 Maryland Laws, Chapters 82 and 83, the
General Assembly proposed amendments to the Maryland
Constitution to change the name of the Court of Appeals of
Maryland to the Supreme Court of Maryland and to change the name
of the Court of Special Appeals of Maryland to the Appellate
Court of Maryland. On December 14, 2022, the Governor certified
that those amendments were adopted by the voters in the 2022
general election and took effect as of the date of his
certification. There are hundreds of references to the former
names of those courts throughout the Maryland Rules, and the
process of updating those references to conform to this Rule is
underway.
Source:
This Rule is new.
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MARYLAND RULES OF PROCEDURE
TITLE 1 – GENERAL PROVISIONS
CHAPTER 100 – APPLICABILITY AND CITATION
AMEND Rule 1-105 by replacing “Court of Appeals and the
Court of Special Appeals” with “Supreme Court, the Appellate
Court, or either of those Courts under their former names” in
section (a) and the Committee note following section (a); by
replacing “Court of Appeals” with “Supreme Court” in the
Committee note following section (a), section (b), the Committee
note following section (b), and subsections (c)(1), (c)(2)(A),
(c)(2)(B), and (c)(3)(B); by replacing “Court of Special
Appeals” with “Appellate Court” in the cross reference following
section (a) and in subsections (c)(1), (c)(2)(A), and (c)(2)(B);
by correcting a cross reference; and by making stylistic
changes, as follows:
Rule 1-105.
OFFICIAL RECORD OF MARYLAND RULES AND APPELLATE
DECISIONS
(a)
Applicability; Definitions
This Rule applies to decisions of the Court of Appeals
and the Court of Special Appeals Supreme Court, the Appellate
Court, or either of those Courts under their former names and to
the Maryland Rules of Procedure.
In this Rule, (1) “decision”
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means an opinion or order of the Court of Appeals or Court of
Special Appeals Supreme Court, the Appellate Court, or either of
those Courts under their former names, (2) “MDEC action” has the
meaning stated in Rule 20-101, and (3) the definitions in Code,
State Government Article, § 10-1601 shall apply.
Committee note: Code, State Government Article, §§ 10-1601
through 10-1611 deal with “legal material,” which includes the
Maryland Rules and reported decisions of the Court of Appeals
and Court of Special Appeals Supreme Court, the Appellate Court,
or either of those Courts under their former names. The word
“decision” is not defined in the statute. In relevant part, the
statute declares the Court of Appeals Supreme Court to be the
official publisher of the Maryland Rules and reported decisions
of the two appellate courts. As such, the statute requires the
court to determine whether the official record of those
documents is to be the electronic version or the paper version
of that legal material, and, if it determines the electronic
version to be the official record, to assure the authenticity,
preservation, and security of the documents. Because there
should be no difference between what constitutes the official
record of reported and unreported decisions, this Rule applies
to both.
Cross reference: See Rule 8-605.1, concerning designation for
reporting of opinions of the Court of Special Appeals Appellate
Court.
(b)
Maryland Rules
The official record of the Maryland Rules is the paper
record maintained by the Clerk of the Court of Appeals Supreme
Court pursuant to Rule 16-802.
The paper or electronic version
of a Rule posted on the Judiciary website or contained in a
published codification of the Maryland Rules approved by the
Court of Appeals Supreme Court may be cited in accordance with
Rule 1-103 as evidence of the text of the Rule.
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Committee note: The Maryland Rules of Procedure maintained by
the Clerk of the Court of Appeals Supreme Court consists of
multiple bound volumes of the Rules Orders issued by the Court,
together with the text of the Rules adopted in those Orders.
They constitute the most authoritative version of the Rules, as
adopted in those Orders. Those volumes do not constitute a code
of the Rules, however, but are comparable to the Session Laws
enacted by the General Assembly, and, where Rules have been
amended or repealed, may not constitute a practical source for
determining the current or former version of any particular
Rule. That is why the text of a Rule as it appears on the
Judiciary website or in published codified form approved by the
Court of Appeals, Supreme Court may be cited as evidence of the
Rule. In the event of any dispute regarding the accuracy of the
online or codified version, the text of the Rule as it appears
in the relevant Rules Order(s) will prevail. Compare Code,
Courts Article, § 10-201.
(c)
Decisions
(1) In a Non-MDEC Action
The official record of a decision of the Court of
Appeals Supreme Court or the Court of Special Appeals Appellate
Court in a non-MDEC action is the paper slip opinion or order
filed with the Clerk of that Court.
The decision may be cited
as provided in subsection (c)(3) of this Rule.
(2) In an MDEC Action
(A) The official record of a decision of the Court of
Appeals Supreme Court or the Court of Special Appeals Appellate
Court in an MDEC action shall be the electronic record of the
decision filed in the MDEC system.
(B) Notwithstanding the provisions of Rule 20-301, prior
to July 1, 2018, the official record of a decision of the Court
of Appeals Supreme Court or the Court of Special Appeals
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Appellate Court shall be the paper slip opinion or order filed
with the Clerk of that Court.
Regardless of whether the
official record of a decision in an MDEC action is in electronic
or paper form, the decision may be cited as provided in
subsection (c)(3) of this Rule.
Cross reference:
20-201 20-101.
For the definition of “MDEC action,”, see Rule
(3) Citation of Decisions
(A) A decision as reported in the Maryland Reports or the
Maryland Appellate Reports may be cited as evidence of the text
of the decision.
The citation shall state the name of the case,
the year of the decision, and the volume and page number of the
Maryland Reports or Maryland Appellate Reports in which the
decision appears.
(B) Subject to Rule 1-104, a decision that is published in
any other commercial or governmental publication approved by the
Court of Appeals Supreme Court may be cited as evidence of the
text of the decision, provided that, if the decision also has
been reported in the Maryland Reports or Maryland Appellate
Reports, the citation also shall contain the volume and page
number of the Maryland Reports or Maryland Appellate Reports in
which it appears.
(C) Subject to Rule 1-104, if a decision is not, or has
not yet been, reported in the Maryland Reports or the Maryland
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Appellate Reports, the decision may be cited as it appears on
the Judiciary website.
Cross reference: See Md. Constitution, Art. IV, § 16 and Code,
Courts Article, §§ 13-201 through 13-204 regarding the reporting
of appellate decisions.
Source:
This Rule is new.
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MARYLAND RULES OF PROCEDURE
TITLE 1 – GENERAL PROVISIONS
CHAPTER 300 – GENERAL PROVISIONS
AMEND Rule 1-325.1 by replacing “Court of Appeals” with
“Supreme Court” in section (a) and subsections (b)(1),
(c)(1)(B), and (c)(2)(C); by replacing “Court of Special
Appeals” with “Appellate Court” in section (a) and subsection
(b)(1); and by making stylistic changes, as follows:
Rule 1-325.1.
WAIVER OF PREPAID APPELLATE COSTS IN CIVIL
ACTIONS
(a)
Scope
This Rule applies (1) to an appeal from an order or
judgment of the District Court or an orphans' court to a circuit
court in a civil action, and (2) to an appeal as defined in
subsection (b)(1) of this Rule seeking review in the Court of
Appeals Supreme Court or the Court of Special Appeals Appellate
Court of an order or judgment of a lower court in a civil
action.
(b)
Definitions
In this Rule, the following definitions apply:
(1) Appeal
“Appeal” means an appeal, an application for leave to
appeal to the Court of Special Appeals Appellate Court, and a
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petition for certiorari or other extraordinary relief filed in
the Court of Appeals Supreme Court.
(2) Clerk
“Clerk” includes a Register of Wills.
(3) Prepaid Costs
“Prepaid costs” means (A) the fee charged by the clerk
of the lower court for assembling the record, (B) the cost of
preparation of a transcript in the District Court, if a
transcript is necessary to the appeal, and (C) the filing fee
charged by the clerk of the appellate court.
Cross reference: See the schedule of appellate court fees
following Code, Courts Article, § 7-102 and the schedule of
circuit court fees following Code, Courts Article, § 7-202.
(c)
Waiver
(1) Generally
Waiver of prepaid costs under this Rule shall be
governed generally by section (d) or (e) of Rule 1-325, as
applicable, except that:
(A) the request for waiver of both the lower and appellate
prepaid costs shall be filed in the lower court with the notice
of appeal;
(B) a request to waive prepayment of the fee for filing a
petition for certiorari or other extraordinary relief in the
Court of Appeals Supreme Court shall be filed in, and determined
by, that Court;
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(C) waiver of the fee charged for assembling the record
shall be determined in the lower court;
(D) waiver of the appellate court filing fee shall be
determined by the appellate court, but the appellate court may
rely on a waiver of the fee for assembling the record ordered by
the lower court;
(E) both fees shall be waived if (i) the appellant
received a waiver of prepaid costs under section (d) of Rule 1325 (d) and will be represented in the appeal by an eligible
attorney under that section, (ii) the attorney certifies that
the appellant remains eligible for representation in accordance
with Rule 1-325 (d), and (iii) except for an attorney employed
or appointed by the Office of the Public Defender in a civil
action in which that Office is required by statute to represent
the party, the attorney further certifies that to the best of
the attorney's knowledge, information, and belief there is good
ground to support the appeal and it is not interposed for any
improper purpose or delay; and
(F) if the appellant received a waiver of prepaid costs
under section (e) of Rule 1-325 (e), the lower court and
appellate court may rely on a supplemental affidavit of the
appellant attesting that the information supplied in the
affidavit provided under Rule 1-325 (e) remains accurate and
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that there has been no material change in the appellant's
financial condition or circumstances.
(2) Procedure
(A) If an appellant requests the waiver of the prepaid
costs in both the lower and appellate courts, the lower court,
within five days after the filing of the request, shall act on
the request for waiver of its prepaid cost and transmit to the
appellate court the request for waiver of the appellate court
prepaid cost, together with a copy of the request and order
regarding the waiver of the lower court prepaid cost.
(B) The appellate court shall act on the request for the
waiver of its prepaid cost within five business days after
receipt of the request from the lower court.
(C) If either court denies, in whole or in part, a request
for the waiver of its prepaid cost, it shall permit the
appellant, within 10 days, to pay the unwaived prepaid cost.
If, within that time, the appellant pays the full amount of the
unwaived prepaid cost, the appeal shall be deemed to have been
filed on the day the request for waiver was filed in the lower
court or, as to a petition for certiorari or other extraordinary
relief, in the Court of Appeals Supreme Court.
If the unwaived
prepaid costs are not paid in full within the time allowed, the
court shall enter an order dismissing the appeal.
Source:
This Rule is new.
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MARYLAND RULES OF PROCEDURE
TITLE 1 – GENERAL PROVISIONS
CHAPTER 300 – GENERAL PROVISIONS
AMEND Rule 1-332 by replacing “Court of Appeals” with
“Supreme Court” in subsection (b)(1), as follows:
Rule 1-332.
ACCOMMODATION UNDER THE AMERICANS WITH DISABILITIES
ACT
. . .
(b)
Accommodation Under the ADA
(1) Notification of Need for Accommodation
A person requesting an accommodation under the ADA, for
an attorney, a party, a witness, a victim, a juror, or a
prospective juror shall notify the court promptly.
To the
extent practicable, a request for an accommodation shall be (1)
presented on a form approved by administrative order of the
Court of Appeals Supreme Court and available from the clerk of
the court and on the Judiciary website and (2) submitted not
less than 30 days before the proceeding for which the
accommodation is requested.
. . .
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MARYLAND RULES OF PROCEDURE
TITLE 1 – GENERAL PROVISIONS
CHAPTER 300 – GENERAL PROVISIONS
AMEND Rule 1-333 by replacing “Chief Judge of the Court of
Appeals” with “Chief Justice of the Supreme Court” in subsection
(a)(5), as follows:
Rule 1-333.
(a)
COURT INTERPRETERS
Definitions
In this Rule, the following definitions apply except as
otherwise expressly provided or as necessary implication
requires:
. . .
(5) Proceeding
“Proceeding” means (A) any trial, hearing, argument on
appeal, or other matter held in open court in an action, and (B)
an event not conducted in open court that is in connection with
an action and is in a category of events for which the court is
required by Administrative Order of the Chief Judge of the Court
of Appeals Chief Justice of the Supreme Court to provide an
interpreter for an individual who needs an interpreter.
. . .
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MARYLAND RULES OF PROCEDURE
TITLE 2 – CIVIL PROCEDURE – CIRCUIT COURT
CHAPTER 100 – COMMENCEMENT OF ACTION AND PROCESS
AMEND Rule 2-124 by replacing “Court of Appeals” with
“Supreme Court” in sections (j) and (k), as follows:
Rule 2-124.
PROCESS—PERSONS TO BE SERVED
. . .
(j)
State of Maryland
Service is made upon the State of Maryland by serving the
Attorney General or an individual designated by the Attorney
General in a writing filed with the Clerk of the Court of
Appeals Supreme Court.
In any action attacking the validity of
an order of an officer or agency of this State not made a party,
the officer or agency shall also be served.
(k)
Officer or Agency of the State of Maryland
Service is made on an officer or agency of the State of
Maryland by serving (1) the resident agent designated by the
officer or agency, or (2) the Attorney General or an individual
designated by the Attorney General in a writing filed with the
Clerk of the Court of Appeals Supreme Court.
If service is made
on the Attorney General or a designee of the Attorney General
and the officer or agency is not ordinarily represented by the
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Attorney General, the Attorney General or designee promptly
shall forward the process and papers to the appropriate officer
or agency.
. . .
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MARYLAND RULES OF PROCEDURE
TITLE 2 – CIVIL PROCEDURE – CIRCUIT COURT
CHAPTER 500 – TRIAL
AMEND Rule 2-551 by replacing “Court of Special Appeals”
with “Appellate Court” in section (h), as follows:
Rule 2-551.
IN BANC REVIEW
. . .
(h)
Further Review
Any party who seeks and obtains review under this Rule
has no further right of appeal.
The decision of the panel does
not preclude an appeal to the Court of Special Appeals Appellate
Court by an opposing party who is otherwise entitled to appeal.
Source: This Rule is new, is consistent with Md. Const., Art.
IV, § 22, and replaces former Rule 510.
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MARYLAND RULES OF PROCEDURE
TITLE 2 – CIVIL PROCEDURE – CIRCUIT COURT
CHAPTER 600 – JUDGMENT
AMEND Rule 2-623 by replacing “Court of Appeals” with
“Supreme Court” and “Court of Special Appeals” with “Appellate
Court” in subsection (a)(1), as follows:
Rule 2-623.
RECORDING OF A JUDGMENT OF ANOTHER COURT AND
DISTRICT COURT NOTICE OF LIEN
(a)
Judgment of Another Court
(1) Generally
Subject to subsection (a)(2) of this Rule, upon
receiving a copy of a judgment of another court, certified or
authenticated in accordance with these Rules or statutes of this
State, or of the United States, the clerk shall record and index
the judgment if it was entered by (A) the Court of Appeals
Supreme Court, (B) the Court of Special Appeals Appellate Court,
(C) another circuit court of this State, (D) a court of the
United States, or (E) any other court whose judgments are
entitled to full faith and credit in this State.
Upon recording
a judgment received from a person other than the clerk of the
court of entry, the receiving clerk shall notify the clerk of
the court of entry.
. . .
21
MARYLAND RULES OF PROCEDURE
TITLE 2 – CIVIL PROCEDURE – CIRCUIT COURT
CHAPTER 700 – CLAIMS FOR ATTORNEYS’ FEES AND RELATED EXPENSES
AMEND Rule 2-703 by replacing “Court of Appeals” with
“Supreme Court” in the Committee note following subsection
(f)(3)(L), as follows:
Rule 2-703.
ATTORNEYS’ FEES ALLOWED BY LAW
. . .
(f)
Determination of Award
(1) If No Award Permitted
. . .
(3) Factors to Be Considered
. . .
(L) awards in similar cases.
Committee note: The factors listed in subsection (f)(3) of this
Rule have been approved by the Court of Appeals Supreme Court in
statutory fee-shifting cases, where the “lodestar method” is
applied in determining an award. See Monmouth Meadows v.
Hamilton, 416 Md. 325, 333-34 (2010). See Rule 2-705 (f) for
the factors to be applied in contractual fee-shifting actions.
. . .
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MARYLAND RULES OF PROCEDURE
TITLE 3 – CIVIL PROCEDURE – DISTRICT COURT
CHAPTER 100 – COMMENCEMENT OF ACTION AND PROCESS
AMEND Rule 3-124 by replacing “Court of Appeals” with
“Supreme Court” in sections (j) and (k), as follows:
Rule 3-124.
PROCESS—PERSONS TO BE SERVED
. . .
(j)
State of Maryland
Service is made upon the State of Maryland by serving the
Attorney General or an individual designated by the Attorney
General in a writing filed with the Clerk of the Court of
Appeals Supreme Court.
In any action attacking the validity of
an order of an officer or agency of this State not made a party,
the officer or agency shall also be served.
(k)
Officer or Agency of the State of Maryland
Service is made on an officer or agency of the State of
Maryland by serving (1) the resident agent designated by the
officer or agency, or (2) the Attorney General or an individual
designated by the Attorney General in a writing filed with the
Clerk of the Court of Appeals Supreme Court.
If service is made
on the Attorney General or a designee of the Attorney General
and the officer or agency is not ordinarily represented by the
23
Attorney General, the Attorney General or designee promptly
shall forward the process and papers to the appropriate officer
or agency.
. . .
24
MARYLAND RULES OF PROCEDURE
TITLE 3 – CIVIL PROCEDURE – DISTRICT COURT
CHAPTER 600 – JUDGMENT
AMEND Rule 3-632 by replacing “Court of Special Appeals”
with “Appellate Court” in section (d), as follows:
Rule 3-632.
STAY OF ENFORCEMENT
. . .
(d)
Pending Appeal
Except as provided in this section and in section (e) of
this Rule, a stay pending appeal is governed by the procedures
set forth in Rules 8-422 through 8-424.
References in those
Rules to the Court of Special Appeals Appellate Court shall be
regarded as references to the circuit court having jurisdiction
of the appeal.
If the court determines that because of the
nature of the action enforcement of the judgment should not be
stayed by the filing of a supersedeas bond or other security, it
may enter an order denying a stay or permitting a stay only on
the terms stated in the order.
. . .
25
MARYLAND RULES OF PROCEDURE
TITLE 3 – CIVIL PROCEDURE – DISTRICT COURT
CHAPTER 700 – SPECIAL PROCEEDINGS
AMEND Rule 3-731 by replacing “Chief Judge of the Court of
Appeals” with “Chief Justice of the Supreme Court” in section
(b), as follows:
Rule 3-731.
PEACE ORDERS
. . .
(b)
Form of Petition
A petition for relief under the statute shall be
substantially in the form approved by the State Court
Administrator and the Chief Judge of the Court of Appeals Chief
Justice of the Supreme Court, posted on the judiciary website,
and available in the offices of the clerks of the District
Court.
. . .
26
MARYLAND RULES OF PROCEDURE
TITLE 4 – CRIMINAL CAUSES
CHAPTER 200 – PRETRIAL PROCEDURES
AMEND Rule 4-271 by replacing “Chief Judge of the Court of
Appeals” with “Chief Justice of the Supreme Court” and “Judge”
with “Justice” in subsection (a)(2), as follows:
Rule 4-271.
(a)
TRIAL DATE
Trial Date in Circuit Court
(1) The date for trial in the circuit court shall be set
within 30 days after the earlier of the appearance of counsel or
the first appearance of the defendant before the circuit court
pursuant to Rule 4-213, and shall be not later than 180 days
after the earlier of those events.
When a case has been
transferred from the District Court because of a demand for jury
trial, and an appearance of counsel entered in the District
Court was automatically entered in the circuit court pursuant to
Rule 4-214 (a), the date of the appearance of counsel for
purposes of this Rule is the date the case was docketed in the
circuit court.
On motion of a party, or on the court's
initiative, and for good cause shown, the county administrative
judge or that judge's designee may grant a change of a circuit
court trial date.
If a circuit court trial date is changed, any
27
subsequent changes of the trial date may be made only by the
county administrative judge or that judge's designee for good
cause shown.
(2) Upon a finding by the Chief Judge of the Court of
Appeals Chief Justice of the Supreme Court that the number of
demands for jury trial filed in the District Court for a county
is having a critical impact on the efficient operation of the
circuit court for that county, the Chief Judge Justice, by
Administrative Order, may exempt from this section cases
transferred to that circuit court from the District Court
because of a demand for jury trial.
. . .
28
MARYLAND RULES OF PROCEDURE
TITLE 4 – CRIMINAL CAUSES
CHAPTER 300 – TRIAL AND SENTENCING
AMEND Rule 4-333 by replacing “Court of Appeals” with
“Supreme Court” and “Court of Special Appeals” with “Appellate
Court” in section (b) and the Committee note following section
(b) and by making a stylistic change, as follows:
Rule 4-333.
MOTION TO VACATE JUDGMENT OF CONVICTION OR
PROBATION BEFORE JUDGMENT
. . .
(b)
Filing
The motion shall be filed in the criminal action in which
the judgment of conviction or probation before judgment was
entered.
If the action is then pending in the Court of Appeals
Supreme Court or Court of Special Appeals Appellate Court, that
Court may stay the appeal and remand the case to the trial court
for it to consider the State's Attorney's motion.
Committee note: Code, Criminal Procedure Article, § 8-301.1(a)
permits the State's Attorney to file the motion “at any time
after the entry of a probation before judgment or judgment of
conviction,” and permits “the court with jurisdiction over the
case” to act on it. If an appeal is pending in the Court of
Appeals Supreme Court or Court of Special Appeals Appellate
Court when the motion is filed, that Court would have
jurisdiction over the case but no practical ability to take
evidence with regard to the State's Attorney motion. If the
appeal is successful, it could make the motion moot, but if the
29
motion were to be granted and the State's Attorney then enters a
nolle prosequi, the appeal may become moot, at least with
respect to the judgments vacated. The simplest solution in most
cases would be for the appellate court to remand the case for
the trial court to consider the motion. Rule 8-604 (d) permits
the appellate courts to remand cases “where “justice will be
served by permitting further proceedings.”
. . .
30
MARYLAND RULES OF PROCEDURE
TITLE 4 – CRIMINAL CAUSES
CHAPTER 400 – POST CONVICTION PROCEDURE
AMEND Rule 4-408 by replacing “Court of Special Appeals”
with “Appellate Court,” as follows:
Rule 4-408.
APPLICATION FOR LEAVE TO APPEAL
An application for leave to appeal to the Court of Special
Appeals Appellate Court shall be governed by Rule 8-204.
Source:
This Rule is derived from former Rule BK46.
31
MARYLAND RULES OF PROCEDURE
TITLE 4 – CRIMINAL CAUSES
CHAPTER 500 – EXPUNGEMENT OF RECORDS
AMEND Rule 4-502 by replacing “Court of Appeals” with
“Supreme Court” and “Court of Special Appeals” with “Appellate
Court” in section (c), as follows:
Rule 4-502.
EXPUNGEMENT DEFINITIONS
. . .
(c) Court
“Court” means the Court of Appeals Supreme Court, Court of
Special Appeals Appellate Court, any circuit court, and the
District Court.
. . .
32
MARYLAND RULES OF PROCEDURE
TITLE 5 – EVIDENCE
CHAPTER 200 – JUDICIAL NOTICE
AMEND Rule 5-201 by replacing “Court of Special Appeals”
with “Appellate Court” and “Court of Appeals” with “Supreme
Court” in section (a), as follows:
Rule 5-201.
(a)
JUDICIAL NOTICE OF ADJUDICATIVE FACTS
Scope of Rule
This Rule governs only judicial notice of adjudicative
facts.
Sections (d), (e), and (g) of this Rule do not apply in
the Court of Special Appeals Appellate Court or the Court of
Appeals Supreme Court.
. . .
33
MARYLAND RULES OF PROCEDURE
TITLE 6 – SETTLEMENT OF DECEDENTS’ ESTATES
CHAPTER 400 – ADMINISTRATION OF ESTATES
AMEND Rule 6-464 by replacing “Court of Special Appeals”
with “Appellate Court” in section (a), as follows:
Rule 6-464.
(a)
STRIKING OF NOTICE OF APPEAL BY ORPHANS' COURT
Generally
On motion or on its own initiative, the orphans' court
may strike a notice of appeal (1) that has not been filed within
the time prescribed by Rule 6-463, (2) if the Register of Wills
has prepared the record pursuant to Code, Courts Article, §§ 12501 and 12-502 and the appellant has failed to pay for the
record, (3) if the appellant has failed to deposit with the
Register of Wills the filing fee required by Code, Estates and
Trusts Article, § 2-206, unless the fee has been waived by an
order of court or by the Register of Wills pursuant to Code,
Estates and Trusts Article, § 2-206(a), (4) the appeal has been
taken to the Court of Special Appeals Appellate Court and the
appellant has failed to deposit with the Register of Wills the
transcript costs, or (5) if by reason of any other neglect on
the part of the appellant the record has not been transmitted to
34
the court to which the appeal has been taken within the time
prescribed in Code, Courts Article, § 12-502.
. . .
35
MARYLAND RULES OF PROCEDURE
TITLE 7 – APPELLATE AND OTHER JUDICIAL REVIEW IN CIRCUIT COURT
CHAPTER 100 – APPEALS FROM THE DISTRICT COURT
TO THE CIRCUIT COURT
AMEND Rule 7-111 by replacing “Court of Special Appeals”
with “Appellate Court” and by making a stylistic change, as
follows:
Rule 7-111.
STAY OF ENFORCEMENT OF JUDGMENT; BOND
The procedures set forth in Rules 8-422, 8-423, and 8-424
apply to appeals from the District Court.
References in those
rules Rules to the Court of Special Appeals Appellate Court
shall be regarded as references to the circuit court having
jurisdiction of the appeal.
Source:
This Rule is derived from former Rule 1317.
36
MARYLAND RULES OF PROCEDURE
TITLE 7 – APPELLATE AND OTHER JUDICIAL REVIEW IN CIRCUIT COURT
CHAPTER 500 – APPEALS FROM THE ORPHANS’ COURT
TO THE CIRCUIT COURT
AMEND Rule 7-509 by replacing “Court of Special Appeals”
with “Appellate Court” in the Committee note, as follows:
Rule 7-509.
NOTICE OF CIRCUIT COURT JUDGMENT
The clerk of the circuit court shall promptly send notice
of the circuit court judgment to the Register of Wills, who
shall enter the notice on the docket.
Committee note: As to further appeal from the judgment of the
circuit court to the Court of Special Appeals Appellate Court,
see Jennings v. Jennings, 20 Md. App. 369, 371 n.4 (1974), cert.
denied, 271 Md. 738 (1974) and Carrick v. Henley, 44 Md. App.
124 (1979).
Source:
This Rule is new.
37
MARYLAND RULES OF PROCEDURE
TITLE 8 – APPELLATE REVIEW IN THE COURT OF APPEALS AND COURT OF
SPECIAL APPEALS SUPREME COURT AND THE APPELLATE COURT
TABLE OF CONTENTS
CHAPTER 100.
GENERAL PROVISIONS
CHAPTER 200. OBTAINING REVIEW IN COURT OF SPECIAL APPEALS THE
APPELLATE COURT
CHAPTER 300. OBTAINING APPELLATE REVIEW IN COURT OF APPEALS THE
SUPREME COURT
CHAPTER 400.
PRELIMINARY PROCEDURES
CHAPTER 500.
RECORD EXTRACT, BRIEFS, AND ARGUMENT
CHAPTER 600.
DISPOSITION
38
MARYLAND RULES OF PROCEDURE
TITLE 8 – APPELLATE REVIEW IN THE COURT OF APPEALS AND COURT OF
SPECIAL APPEALS SUPREME COURT AND THE APPELLATE COURT
CHAPTER 100 – GENERAL PROVISIONS
AMEND Rule 8-101 by replacing “Court of Appeals and the
Court of Special Appeals” with “Supreme Court and the Appellate
Court,” as follows:
Rule 8-101.
APPLICABILITY
The Rules in this Title govern appellate procedure in the
Court of Appeals and the Court of Special Appeals Supreme Court
and the Appellate Court.
Source:
This Rule is new.
39
MARYLAND RULES OF PROCEDURE
TITLE 8 – APPELLATE REVIEW IN THE COURT OF APPEALS AND COURT OF
SPECIAL APPEALS SUPREME COURT AND THE APPELLATE COURT
CHAPTER 100 – GENERAL PROVISIONS
AMEND Rule 8-102 by replacing “each appellate court” with
“the Supreme Court and the Appellate Court” in section (a) and
by making a stylistic change, as follows:
Rule 8-102.
(a)
TERM OF COURT
For accounting and statistical reporting purposes, each
appellate court the Supreme Court and the Appellate Court shall
each have one term annually, beginning on September 1 of each
year and continuing until the following August 31.
. . .
40
MARYLAND RULES OF PROCEDURE
TITLE 8 – APPELLATE REVIEW IN THE COURT OF APPEALS AND COURT OF
SPECIAL APPEALS SUPREME COURT AND THE APPELLATE COURT
CHAPTER 100 – GENERAL PROVISIONS
AMEND Rule 8-111 by replacing “Court of Appeals” with
“Supreme Court” in subsection (a)(2), by replacing “Court of
Special Appeals” with “Appellate Court” in subsection (a)(2) and
section (c), and by making a stylistic change, as follows:
Rule 8-111.
(a)
DESIGNATION OF PARTIES; REFERENCES
Formal Designation
(1) No Prior Appellate Decision
When no prior appellate decision has been rendered, the
party first appealing the decision of the trial court shall be
designated the appellant and the adverse party shall be
designated the appellee.
Unless the Court orders otherwise, the
opposing parties to a subsequently filed appeal shall be
designated the cross-appellant and cross-appellee.
(2) Prior Appellate Decision
In an appeal to the Court of Appeals Supreme Court from
a decision by the Court of Special Appeals Appellate Court or by
a circuit court exercising appellate jurisdiction, the party
seeking review of the most recent decision shall be designated
41
the petitioner and the adverse party shall be designated the
respondent.
Except as otherwise specifically provided or
necessarily implied, the term “appellant” as used in the rules
Rules in this Title shall include a petitioner and the term
“appellee” shall include a respondent.
. . .
(c)
Victims and Victims' Representatives
Although not a party to a criminal or juvenile
proceeding, a victim of a crime or a delinquent act or a
victim's representative may: (1) file an application for leave
to appeal to the Court of Special Appeals Appellate Court from
an interlocutory or a final order under Code, Criminal Procedure
Article, § 11-103 and Rule 8-204; or (2) participate in the same
manner as a party regarding the rights of the victim or victim's
representative.
Cross reference: See Rule 1-326 for service and notice to
attorneys for victims and victims' representatives regarding the
rights of victims and representatives.
Source: This Rule is derived as follows:
Section (a) is derived in part from former Rule 827 and in part
new.
Section (b) is derived from Fed. R. App. P. 28 (d).
Section (c) is new.
42
MARYLAND RULES OF PROCEDURE
TITLE 8 – APPELLATE REVIEW IN THE COURT OF APPEALS AND COURT OF
SPECIAL APPEALS SUPREME COURT AND THE APPELLATE COURT
CHAPTER 100 – GENERAL PROVISIONS
AMEND Rule 8-112 by replacing “Court of Appeals” with
“Supreme Court” in subsection (c)(1) and by making stylistic
changes, as follows:
Rule 8-112.
FORM OF COURT PAPERS
. . .
(c)
Printed and Computer-Generated Papers – Proportionally
Spaced Type
(1) Type Size and Font
Proportionally spaced type (such as produced by
commercial printers and many computer printers) in the text and
footnotes shall be in a font approved by the Court of Appeals
Supreme Court and shall not be smaller than 13 point.
The Court
of Appeals Supreme Court shall approve, from time to time, a
list of fonts that comply with the requirements of this Rule.
Upon the docketing of an appeal, the appellate clerk of the
appellate court shall send the approved list to all parties or
their attorneys.
(2) Spacing
43
Papers prepared with proportionally spaced type shall
have double spacing between lines, except that headings,
indented quotations, and footnotes may be single-spaced.
. . .
(f)
Effect of Noncompliance
For noncompliance with this Rule, the an appellate court
may enter any appropriate order, including an order that an
improperly prepared brief be corrected at the expense of the
attorney for the party for whom the brief was filed.
Cross reference:
and 8-501 (i).
With respect to exhibits, see Rules 1-301 (e)
Source: This Rule is new but is derived in part from former
Rules 831 a and 1031 a.
44
MARYLAND RULES OF PROCEDURE
TITLE 8 – APPELLATE REVIEW IN THE COURT OF APPEALS AND COURT OF
SPECIAL APPEALS SUPREME COURT AND THE APPELLATE COURT
CHAPTER 100 – GENERAL PROVISIONS
AMEND Rule 8-131 by replacing “Court of Appeals” with
“Supreme Court” in the tagline of section (b), by replacing
“Court of Appeals” with “Supreme Court” and “Court of Special
Appeals” with “Appellate Court” in subsections (b)(1) and
(b)(2), and by making stylistic changes, as follows:
Rule 8-131.
(a)
SCOPE OF REVIEW
Generally
The issues of jurisdiction of the trial court over the
subject matter and, unless waived under Rule 2-322, over a
person may be raised in and decided by the an appellate court
whether or not raised in and decided by the trial court.
Ordinarily, the an appellate court will not decide any other
issue unless it plainly appears by the record to have been
raised in or decided by the trial court, but the Court may
decide such an issue if necessary or desirable to guide the
trial court or to avoid the expense and delay of another appeal.
(b)
In Court of Appeals Supreme Court – Additional
Limitations
45
(1) Prior Appellate Decision
Unless otherwise provided by the order granting the writ
of certiorari, in reviewing a decision rendered by the Court of
Special Appeals Appellate Court or by a circuit court acting in
an appellate capacity, the Court of Appeals Supreme Court
ordinarily will consider only an issue that has been raised in
the petition for certiorari or any cross-petition and that has
been preserved for review by the Court of Appeals Supreme Court.
Whenever an issue raised in a petition for certiorari or a
cross-petition involves, either expressly or implicitly, the
assertion that the trial court committed error, the Court of
Appeals Supreme Court may consider whether the error was
harmless or non-prejudicial even though the matter of harm or
prejudice was not raised in the petition or in a cross-petition.
Committee note: The last sentence of subsection (b)(1) of this
Rule amends the holding of Coleman v. State, 281 Md. 538 (1977),
and its progeny.
(2) No Prior Appellate Decision
Except as otherwise provided in Rule 8-304 (c), when the
Court of Appeals Supreme Court issues a writ of certiorari to
review a case pending in the Court of Special Appeals Appellate
Court before a decision has been rendered by that Court, the
Court of Appeals Supreme Court will consider those issues that
would have been cognizable by the Court of Special Appeals
Appellate Court.
46
(c)
Action Tried Without a Jury
When an action has been tried without a jury, the an
appellate court will review the case on both the law and the
evidence.
It will not set aside the judgment of the trial court
on the evidence unless clearly erroneous, and will give due
regard to the opportunity of the trial court to judge the
credibility of the witnesses.
. . .
47
MARYLAND RULES OF PROCEDURE
TITLE 8 – APPELLATE REVIEW IN THE COURT OF APPEALS AND COURT OF
SPECIAL APPEALS SUPREME COURT AND THE APPELLATE COURT
CHAPTER 200 – OBTAINING REVIEW IN COURT OF SPECIAL APPEALS
THE APPELLATE COURT
AMEND Rule 8-201 by replacing “Court of Special Appeals”
with “the Appellate Court” in the name of the Rule and by
replacing “Court of Special Appeals” with “Appellate Court” in
sections (a) and (c), as follows:
Rule 8-201.
METHOD OF SECURING REVIEW – COURT OF SPECIAL
APPEALS THE APPELLATE COURT
(a)
By Notice of Appeal
Except as provided in Rule 8-204, the only method of
securing review by the Court of Special Appeals Appellate Court
is by the filing of a notice of appeal within the time
prescribed in Rule 8-202.
The notice shall be filed with the
clerk of the lower court or, in an appeal from an order or
judgment of an Orphans' Court, with the register of wills.
clerk or register shall enter the notice on the docket.
The
It is
sufficient that the notice be substantially in the following
form:
(Caption)
48
NOTICE OF APPEAL
____________________ notes an appeal to the Court of Special
Appeals Appellate Court in the above-captioned action.
(Signature and Certificate of Service)
. . .
(c)
Transmittal of Record
After all required fees have been deposited, the clerk
shall transmit the record as provided in Rules 8-412 and 8-413.
The clerk shall enter on the docket a statement of the fees
paid, and, if the lower court is a circuit court in a non-MDEC
county or an orphans' court, forward the filing fee with the
record to the Clerk of the Court of Special Appeals Appellate
Court.
Committee note: When a notice of appeal is filed, the clerk
should check the docket to see if it contains the entry of a
judgment in compliance with Rules 2-601 and 2-602, and if not,
advise the parties and the court. This note is not intended to
authorize the clerk to reject a notice of appeal, to place a
mandatory duty on the clerk, or to relieve counsel of their
responsibility to assure that there is an appealable order or
judgment properly entered on the docket before noting an appeal.
Source: This Rule is derived from former Rule 1011 with the
exception of the first sentence of (a) which is derived from
former Rule 1010, and former Form 22.
49
MARYLAND RULES OF PROCEDURE
TITLE 8 – APPELLATE REVIEW IN THE COURT OF APPEALS AND COURT OF
SPECIAL APPEALS SUPREME COURT AND THE APPELLATE COURT
CHAPTER 200 – OBTAINING REVIEW IN COURT OF SPECIAL APPEALS
THE APPELLATE COURT
AMEND Rule 8-204 by replacing “Court of Special Appeals”
with “the Appellate Court” in the name of the Rule and in the
tagline of section (g) and by replacing “Court of Special
Appeals” with “Appellate Court” in sections (a), (b), (c), (d),
(e), and (f), as follows:
Rule 8-204.
APPLICATION FOR LEAVE TO APPEAL TO COURT OF SPECIAL
APPEALS THE APPELLATE COURT
(a)
Scope
This Rule applies to applications for leave to appeal to
the Court of Special Appeals Appellate Court.
. . .
(b)
Application
(1) How Made
An application for leave to appeal to the Court of
Special Appeals Appellate Court shall be filed in duplicate with
the clerk of the lower court.
. . .
50
(c)
Record on Application
(1) Time for Transmittal
The clerk of the lower court shall transmit the record,
together with the application, to the Court of Special Appeals
Appellate Court within (A) five days after the filing of an
application by a victim for leave to file an interlocutory
appeal pursuant to Code, Criminal Procedure Article, § 11-103,
(B) 30 days after the filing of an application for leave to
appeal in any other case, or (C) such shorter time as the
appellate court may direct.
The clerk shall notify each party
of the transmittal.
. . .
(d)
Response
Within 15 days after the clerk of the lower court sends
the notice that the record and application have been transmitted
to the Court of Special Appeals Appellate Court, any other party
may file a response in the Court of Special Appeals Appellate
Court stating why leave to appeal should be denied or granted,
except that any response to an application for leave to appeal
with regard to bail pursuant to Code, Courts Article, § 3-707 or
with regard to an interlocutory appeal by a victim pursuant to
Code, Criminal Procedure Article, § 11-103 shall be filed within
five days after service of the application.
(e)
Additional Information
51
Before final disposition of the application, the Court of
Special Appeals Appellate Court may require the clerk of the
lower court to submit any portion of the stenographic transcript
of the proceedings below and any additional information that the
Court may wish to consider.
(f)
Disposition
On review of the application, any response, the record,
and any additional information obtained pursuant to section (e)
of this Rule, without the submission of briefs or the hearing of
argument, the Court shall:
(1) deny the application;
(2) grant the application and affirm the judgment of the
lower court;
(3) grant the application and reverse the judgment of the
lower court;
(4) grant the application and remand the judgment to the
lower court with directions to that court; or
(5) grant the application and order further proceedings in
the Court of Special Appeals Appellate Court in accordance with
section (g) of this Rule.
The Clerk of the Court of Special Appeals Appellate Court shall
send a copy of the order disposing of the application to the
clerk of the lower court.
52
(g)
Further Proceedings in Court of Special Appeals the
Appellate Court
. . .
Source: This Rule is derived as follows:
Section (a) is new.
Section (b) is derived from former Rules 1093 a, 1095 a 1, 2 and
4, and 1096 a 1, 2, and 4.
Section (c) is derived from former Rules 1093 b, 1095 a 3, and
1096 a 3.
Section (d) is new.
Section (e) is derived from former Rules 1093 c, 1095 b, and
1096 b.
Section (f) is new.
Section (g) is derived from former Rules 1093 d, 1095 c, and
1096 c.
53
MARYLAND RULES OF PROCEDURE
TITLE 8 – APPELLATE REVIEW IN THE COURT OF APPEALS AND COURT OF
SPECIAL APPEALS SUPREME COURT AND THE APPELLATE COURT
CHAPTER 300 – OBTAINING APPELLATE REVIEW IN COURT OF APPEALS
THE SUPREME COURT
AMEND Rule 8-301 by replacing “Court of Appeals” with “the
Supreme Court” in the name of the Rule; by replacing “Court of
Appeals” with “Supreme Court” in section (a), the cross
reference following section (a), the tagline of section (b), and
sections (b) and (c); by replacing “Court of Special Appeals”
with “Appellate Court” in section (b); by making stylistic
changes; and by correcting a cross reference, as follows:
Rule 8-301.
METHOD OF SECURING REVIEW – COURT OF APPEALS THE
SUPREME COURT
(a)
Generally
Appellate review by the Court of Appeals Supreme Court
may be obtained only:
(1) by direct appeal where allowed by law;
(2) pursuant to the Maryland Uniform Certification of
Questions of Law Act;
(3) by writ of certiorari upon petition filed pursuant to
Rules 8-302 and 8-303; or
54
(4) by writ of certiorari issued on the Court's own
initiative.
Cross reference: For Code provisions governing direct appeals
to the Court of Appeals Supreme Court, see Code, Election Law
Article, § 12-203 concerning appeals from circuit court
decisions regarding contested elections; Code, Election Law
Article, § 16-1003 16-1004 concerning appeals from circuit court
decisions regarding injunctive relief sought for certain
violations of election law; and Code, Financial Institutions
Article, § 9-712(d)(2) concerning appeals from circuit court
decisions approving transfer of assets of savings and loan
associations. For the Maryland Uniform Certification of
Questions of Law Act, see Code, Courts Article, §§ 12-601
through 12-613. For the authority of the Court to issue a writ
of certiorari on its own initiative, see Code, Courts Article, §
12-201.
(b)
Direct Appeals to Court of Appeals Supreme Court
A direct appeal to the Court of Appeals Supreme Court
allowed by law is governed by the other rules Rules of this
Title applicable to appeals, or by the law authorizing the
direct appeal.
In the event of a conflict, the law authorizing
the direct appeal shall prevail.
Except as otherwise required
by necessary implication, references in those rules Rules to the
Court of Special Appeals Appellate Court shall be regarded as
references to the Court of Appeals Supreme Court.
(c)
Certification of Questions of Law
Certification of questions of law to the Court of Appeals
Supreme Court pursuant to the Maryland Uniform Certification of
Questions of Law Act is governed by Rule 8-305.
Source:
new.
This Rule is in part derived from Rule 810 and in part
55
MARYLAND RULES OF PROCEDURE
TITLE 8 – APPELLATE REVIEW IN THE COURT OF APPEALS AND COURT OF
SPECIAL APPEALS SUPREME COURT AND THE APPELLATE COURT
CHAPTER 300 – OBTAINING APPELLATE REVIEW IN COURT OF APPEALS
THE SUPREME COURT
AMEND Rule 8-302 by replacing “Court of Special Appeals”
with “the Appellate Court” in the tagline of section (a) and by
replacing “Court of Special Appeals” with “Appellate Court” in
section (a), as follows:
Rule 8-302.
(a)
PETITION FOR WRIT OF CERTIORARI – TIMES FOR FILING
From Appeal to Court of Special Appeals the Appellate
Court
If a notice of appeal to the Court of Special Appeals
Appellate Court has been filed pursuant to Rule 8-201, a
petition for a writ of certiorari may be filed either before or
after the Court of Special Appeals Appellate Court has rendered
a decision, but not later than the later of 15 days after the
Court of Special Appeals Appellate Court issues its mandate or
30 days after the filing of that court's opinion.
. . .
56
MARYLAND RULES OF PROCEDURE
TITLE 8 – APPELLATE REVIEW IN THE COURT OF APPEALS AND COURT OF
SPECIAL APPEALS SUPREME COURT AND THE APPELLATE COURT
CHAPTER 300 – OBTAINING APPELLATE REVIEW IN COURT OF APPEALS
THE SUPREME COURT
AMEND Rule 8-304 by replacing “Court of Special Appeals”
with “the Appellate Court” in the name of the Rule, by replacing
“Court of Special Appeals” with “Appellate Court” in sections
(a) and (c), and by replacing “Court of Appeals” with “Supreme
Court” in sections (a), (c), and (d), as follows:
Rule 8-304.
CERTIFICATION FROM COURT OF SPECIAL APPEALS THE
APPELLATE COURT
(a)
Initiation
At any time before issuance of a mandate, the Court of
Special Appeals Appellate Court or the panel of that Court to
which the action has been assigned may certify a question of law
or the entire action to the Court of Appeals Supreme Court.
Upon transmission to the Court of Appeals Supreme Court, a copy
of the certification shall be forwarded to the Chief Judge of
the Court of Special Appeals Appellate Court and to the parties.
The Court of Appeals Supreme Court may consider the
57
certification pursuant to its authority to issue a writ of
certiorari on its own motion.
. . .
(c)
Disposition of Certification
The Court of Appeals Supreme Court may refuse the
certification or may issue a writ of certiorari that (1) accepts
the certification as submitted, (2) modifies the questions of
law certified, (3) includes the entire action although only a
question of law was certified, or (4) limits review to only a
question of law although the entire action was certified.
The
Clerk of the Court of Appeals Supreme Court shall send the order
refusing the certification or the writ of certiorari to the
Court of Special Appeals Appellate Court and to the parties.
(d)
Record Extract and Briefs
If the Court of Appeals Supreme Court issues a writ of
certiorari, the filing of a record extract and briefs shall be
governed by Rules 8-501 through 8-511 unless the Court orders
otherwise.
Source:
This Rule is derived from former Rules 1015 and 815.
58
MARYLAND RULES OF PROCEDURE
TITLE 8 – APPELLATE REVIEW IN THE COURT OF APPEALS AND COURT OF
SPECIAL APPEALS SUPREME COURT AND THE APPELLATE COURT
CHAPTER 300 – OBTAINING APPELLATE REVIEW IN COURT OF APPEALS
THE SUPREME COURT
AMEND Rule 8-305 by replacing “Court of Appeals” with
“Supreme Court” in the name of the Rule and throughout the Rule,
as follows:
Rule 8-305.
CERTIFICATION OF QUESTIONS OF LAW TO THE COURT OF
APPEALS SUPREME COURT
(a)
Certifying Court
“Certifying court” as used in this Rule means a court
authorized by Code, Courts Article, § 12-603 to certify a
question of law to the Court of Appeals Supreme Court of
Maryland.
Committee note: Necessary implication requires that the
definition of “court” set forth in Rule 1-202 does not apply in
this Rule.
(b)
Certification Order
In disposing of an action pending before it, a certifying
court, on motion of any party or on its own initiative, may
submit to the Court of Appeals Supreme Court a question of law
of this State, in accordance with the Maryland Uniform
59
Certification of Questions of Law Act, by filing a certification
order.
The certification order shall be signed by a judge of
the certifying court and state the question of law submitted,
the relevant facts from which the question arises, and the party
who shall be treated as the appellant in the certification
procedure.
The original order shall be forwarded to the Court
of Appeals Supreme Court by the clerk of the certifying court
under its official seal, together with the filing fee for
docketing regular appeals, payable to the Clerk of the Court of
Appeals Supreme Court.
(c)
Proceeding in the Court of Appeals Supreme Court
The filing of the certification order in the Court of
Appeals Supreme Court shall be the equivalent of the
transmission of a record on appeal.
The Court of Appeals
Supreme Court may request, in addition, all or any part of the
record before the certifying court.
Upon request, the
certifying court shall file the original or a copy of the parts
of the record requested together with a certificate, under the
official seal of the certifying court and signed by a judge or
clerk of that court, stating that the materials submitted are
all the parts of the record requested by the Court of Appeals
Supreme Court.
(d)
Decision by the Court of Appeals Supreme Court
60
The written opinion of the Court of Appeals Supreme Court
stating the law governing the question certified shall be sent
by the Clerk of the Court of Appeals Supreme Court to the
certifying court.
The Clerk of the Court of Appeals Supreme
Court shall certify, under seal of the Court, that the opinion
is in response to the question of law of this State submitted by
the certifying court.
Cross reference:
609.
Source:
Code, Courts Article, §§ 12-601 through 12-
This Rule is derived from former Rule 896.
61
MARYLAND RULES OF PROCEDURE
TITLE 8 – APPELLATE REVIEW IN THE COURT OF APPEALS AND COURT OF
SPECIAL APPEALS SUPREME COURT AND THE APPELLATE COURT
CHAPTER 400 – PRELIMINARY PROCEDURES
AMEND Rule 8-402 by replacing “Court of Special Appeals and
the Court of Appeals” with “Appellate Court and the Supreme
Court” in section (b); by replacing “Court of Special Appeals”
with “Appellate Court” in sections (c) and (e); by replacing
“Court of Appeals” with “Supreme Court” in sections (c), (d),
and (e); by updating a cross reference; and by correcting an
internal reference, as follows:
Rule 8-402.
APPEARANCE
. . .
(b)
Continuance of Appearance from Lower Court
The appearance of an attorney entered in a lower court
shall continue in the Court of Special Appeals and the Court of
Appeals Appellate Court and the Supreme Court unless (1) the
attorney's appearance has been stricken in the lower court
pursuant to Rule 2-132 or 4-214, (2) the attorney notifies the
Clerk of the appellate court in writing not to enter the
attorney's appearance in the appellate court and sends a copy of
the notice to the clerk of the lower court and the client, or
62
(3) the attorney's appearance has automatically terminated
pursuant to section (g) of this Rule.
(c)
New Appearance
An attorney newly appearing on appeal may enter an
appearance by filing a written request (1) in the Court of
Special Appeals Appellate Court if the record on appeal has
already been filed in that Court, (2) in the Court of Appeals
Supreme Court if a petition for a writ of certiorari has been
filed or the Court has issued a writ on its own initiative, or
(3) in the lower court in all other cases.
(d)
In Certification Cases
In a proceeding pursuant to Rule 8-305, the appearance of
an attorney entered in the certifying court shall continue in
the Court of Appeals Supreme Court if the attorney has been
admitted to practice law in this State.
An attorney newly
appearing in the case may enter an appearance by filing a
written request in the Court of Appeals Supreme Court at any
time after the certification order is filed.
Cross reference: For special admission of an out-of-state
attorney, see Bar Admission Rule 19-214 19-217.
(e)
When Entered by Clerk
The Clerk of the appellate court shall formally enter the
appearance of the attorney (1) in the Court of Special Appeals
Appellate Court when the record on appeal is filed, (2) in the
63
Court of Appeals Supreme Court when a petition for a writ of
certiorari is filed or, if the Court issues the writ on its own
initiative, when the writ is issued, or (3) when properly
requested pursuant to section (b) or (c) or (d) of this Rule.
. . .
64
MARYLAND RULES OF PROCEDURE
TITLE 8 – APPELLATE REVIEW IN THE COURT OF APPEALS AND COURT OF
SPECIAL APPEALS SUPREME COURT AND THE APPELLATE COURT
CHAPTER 400 – PRELIMINARY PROCEDURES
AMEND Rule 8-421 by replacing “Court of Special Appeals”
with “Appellate Court” in section (a), as follows:
Rule 8-421.
(a)
DOCKETING OF APPEALS
Generally
The Clerk need not docket an appeal until the record in
the action has been received in the Clerk's office.
In the
Court of Special Appeals Appellate Court the Clerk need not
docket the appeal until the filing fee provided by Rule 8-201
(b) has been received by the Clerk or waived.
When the record
is received on or after March first in any term, the Clerk shall
place the appeal on the docket for the next term.
. . .
65
MARYLAND RULES OF PROCEDURE
TITLE 8 – APPELLATE REVIEW IN THE COURT OF APPEALS AND COURT OF
SPECIAL APPEALS SUPREME COURT AND THE APPELLATE COURT
CHAPTER 400 – PRELIMINARY PROCEDURES
AMEND Rule 8-425 by replacing “Court of Special Appeals”
with “Appellate Court” in sections (a), (c), and (e); by
replacing “Court of Appeals” with “Supreme Court” in sections
(a), (c), (e), and (f); by replacing “Court of Special Appeals”
with “the Appellate Court” in the tagline of section (e); by
replacing “Court of Appeals” with “the Supreme Court” in the
tagline of section (f); by replacing “Judge” with “Justice” and
“judge” with “justice” in section (f); and by making stylistic
changes, as follows:
Rule 8-425.
(a)
INJUNCTION PENDING APPEAL
Generally
During the pendency of an appeal, the Court of Special
Appeals Appellate Court or the Court of Appeals Supreme Court
may issue (1) an order staying, suspending, modifying, or
restoring an order entered by the lower court or (2) an
injunction, even if injunctive relief was sought and denied in
the lower court.
. . .
66
(c)
Motion in an Appellate Court
If a motion under Rule 2-632 is not practicable or such a
motion was denied by the circuit court or not ruled upon within
a reasonable time, the party may file a motion under this Rule
in the Court of Special Appeals Appellate Court, or in the Court
of Appeals Supreme Court when it has assumed jurisdiction.
The
motion shall include the reason why it is impracticable to seek
the relief in the circuit court or, if a motion seeking the
relief was considered by the circuit court, any reason given by
that court for denying or not affording the relief.
(d)
Affidavit
A motion or a response filed in the an appellate court
that is based on facts not contained in the papers or record on
file in that Court shall be supported by affidavit or
accompanied by the papers or the part of the record on which it
is based.
(e)
Decision – Court of Special Appeals the Appellate Court
A motion filed in the Court of Special Appeals Appellate
Court ordinarily will be decided by a panel of that Court.
In
exceptional cases, when that is impracticable because of time
constraints, the Chief Judge, or, in the absence of the Chief
Judge, any other judge of that Court may rule on the motion.
The decision of an individual judge shall be reviewed promptly
by a panel of the Court of Special Appeals Appellate Court.
67
An
order of the Court of Special Appeals Appellate Court granting
or denying the motion or the failure of that Court to rule on
the motion within a reasonable time may be reviewed by the Court
of Appeals Supreme Court on petition of a party.
(f)
Decision – Court of Appeals the Supreme Court
A motion filed in the Court of Appeals Supreme Court
pursuant to section (c) of this Rule and a petition for review
filed pursuant to section (e) of this Rule ordinarily will be
decided by the entire Court.
In exceptional cases, when that is
impracticable because of time constraints, the Chief Judge
Justice, or, in the absence of the Chief Judge Justice, any
other judge justice of that Court may rule on the motion or
petition.
The decision of an individual judge justice shall be
reviewed promptly by the Court.
. . .
68
MARYLAND RULES OF PROCEDURE
TITLE 8 – APPELLATE REVIEW IN THE COURT OF APPEALS AND COURT OF
SPECIAL APPEALS SUPREME COURT AND THE APPELLATE COURT
CHAPTER 400 – PRELIMINARY PROCEDURES
AMEND Rule 8-432 by adding new subsection (a)(1) concerning
procedures for entry of an order in the Supreme Court, by
creating new subsection (a)(2) containing the provisions in
current section (a), by replacing “Court of Special Appeals”
with “the Appellate Court” in the tagline of section (b), by
replacing “Court of Special Appeals” with “Appellate Court” in
section (b), and by making stylistic changes, as follows:
Rule 8-432.
(a)
ENTRY OF ORDER
By Court
(1) Supreme Court
Unless concurrence of two or more justices is required,
an order of the Supreme Court may be entered by the Chief
Justice, or in the absence of the Chief Justice, by any other
justice of the Court.
(2) Appellate Court
Unless concurrence of two or more judges is required, an
order of the Appellate Court may be entered by the Chief Judge,
69
or in the absence of the Chief Judge, by any other judge of the
Court.
(b)
By Clerk – Extensions of Time in Court of Special Appeals
the Appellate Court
When authorized by an administrative order of the Court
of Special Appeals Appellate Court, the Clerk of that Court may
enter an order on behalf of the Court granting a motion to
extend the time for filing a record or brief if
(1) the motion is in proper form,
(2) a timely response in opposition to the motion has not
been filed or all parties have agreed not to oppose the granting
of the motion, and
(3) granting the motion will not require a rescheduling of
oral argument.
Cross reference: Md. Const., Art. IV, § 14; Code, Courts Art.,
§ 1-403; Rules 8-425 and 8-602.
Source:
This Rule is derived from former Rules 1056 and 856.
70
MARYLAND RULES OF PROCEDURE
TITLE 8 – APPELLATE REVIEW IN THE COURT OF APPEALS AND COURT OF
SPECIAL APPEALS SUPREME COURT AND THE APPELLATE COURT
CHAPTER 500 – RECORD EXTRACT, BRIEFS, AND ARGUMENT
AMEND Rule 8-502 by replacing “Court of Special Appeals”
with “Appellate Court” in the tagline of subsection (a)(8),
subsection (a)(8), the tagline of subsection (a)(9), subsection
(a)(9), the Committee note following subsection (a)(9), the
tagline of subsection (b)(2), subsection (b)(2), and section
(c); by replacing “Court of Appeals” with “Supreme Court” in the
tagline of subsection (b)(1), subsection (b)(1), and section
(c); and by making stylistic changes, as follows:
Rule 8-502.
(a)
FILING OF BRIEFS
Duty to File; Time
. . .
(8) Court of Special Appeals Review of Discharge for
Unconstitutionality of Law by the Appellate Court
No briefs need be filed in a review by the Court of
Special Appeals Appellate Court under Code, Courts Article, § 3706.
(9) Informal Briefing in the Court of Special Appeals
Appellate Court
71
For cases in which at least one party is selfrepresented, the Chief Judge of the Court of Special Appeals
Appellate Court, by administrative order, may authorize informal
briefing in one or more categories of appeals in that Court.
The administrative order shall: (A) list the categories of
appeals to which it applies,; (B) state the protocols to be
followed, including protocols to remove a case from informal
briefing by stipulation of the parties or order of the Court,;
and (C) promulgate forms to be used.
The administrative order
shall be posted on the Judiciary website, and paper copies of it
shall be available to the public in the Office of the Clerk of
the Court of Special Appeals Appellate Court.
A case designated
for informal briefing is not subject to the requirements of
Rules 8-501 through 8-504, except to the extent a Rule is
incorporated into the informal briefing protocols set forth in
the administrative order.
Committee note: Informal briefing in the Court of Special
Appeals Appellate Court is intended to provide meaningful review
of issues raised by self-represented parties without requiring
compliance with the technical requirements of Rules 8-501
through 8-504. Informal briefing does not preclude the Court
from dismissing an appeal pursuant to Rule 8-602 for a reason
other than failure to comply with a Rule made inapplicable by
this Rule.
(b)
Extension of Time
(1) In the Court of Appeals Supreme Court
In the Court of Appeals Supreme Court, the time for
filing a brief may be extended by (A) joint stipulation of the
72
parties filed with the clerk so long as the appellant's brief
and the appellee's brief are filed at least 30 days, and any
reply brief is filed at least ten days, before the scheduled
argument, or (B) order of the Court entered on its own
initiative or on motion filed pursuant to Rule 1-204.
(2) In the Court of Special Appeals Appellate Court
Subsection (b)(2) of this Rule governs extensions of
time for filing briefs in the Court of Special Appeals Appellate
Court.
. . .
(c)
Filing and Service
In an appeal to the Court of Special Appeals Appellate
Court, eight copies of each brief and eight copies of each
record extract shall be filed, unless otherwise ordered by the
court.
Unless filing an informal brief pursuant to subsection
(a)(9) of this Rule, incarcerated or institutionalized parties
who are self-represented shall file eight copies of each brief
and eight copies of each record extract.
In the Court of
Appeals Supreme Court, eight copies of each brief and record
extract shall be filed, unless otherwise ordered by the court.
Two copies of each brief and record extract shall be served on
each party pursuant to Rule 1-321.
. . .
73
MARYLAND RULES OF PROCEDURE
TITLE 8 – APPELLATE REVIEW IN THE COURT OF APPEALS AND COURT OF
SPECIAL APPEALS SUPREME COURT AND THE APPELLATE COURT
CHAPTER 500 – RECORD EXTRACT, BRIEFS, AND ARGUMENT
AMEND Rule 8-503 by replacing “Court of Special Appeals”
with “Appellate Court” in subsections (c)(1), (d)(1), (d)(2),
(d)(3), and (d)(4)(A) and section (e) and by replacing “Court of
Appeals” with “Supreme Court” in subsections (c)(2), (d)(1),
(d)(2), (d)(3), and (d)(4)(B) and section (e), as follows:
Rule 8-503.
STYLE AND FORM OF BRIEFS
. . .
(c)
Covers
A brief shall have a back and cover of the following
color:
(1) In the Court of Special Appeals Appellate Court:
(A) appellant's brief – yellow;
(B) appellee's brief – green;
(C) reply brief – light red;
(D) amicus curiae brief – gray.;
(E) cross-appellant’s reply brief – purple;
(F) briefs of incarcerated or institutionalized parties
who are self-represented – white.
74
(2) In the Court of Appeals Supreme Court:
(A) appellant's brief – white;
(B) appellee's brief – blue;
(C) reply brief – tan;
. . .
(d)
Length
(1) Principal Briefs of Parties
Except as otherwise provided in section (e) of this Rule
or with permission of the Court, the principal brief of an
appellant or appellee shall not exceed 9,100 words in the Court
of Special Appeals Appellate Court or 13,000 words in the Court
of Appeals Supreme Court.
This limitation does not apply to (A)
the table of contents and citations required by Rule 8-504
(a)(1); (B) the information required by Rule 8-504 (a)(10); or
(C) a Certification of Word Count and Compliance with Rule 8-112
required by Rule 8-504 (a)(9).
(2) Motion to Dismiss
Except with permission of the Court, any portion of a
party's brief pertaining to a motion to dismiss shall not exceed
an additional 2,600 words in the Court of Special Appeals
Appellate Court or 6,500 words in the Court of Appeals Supreme
Court.
(3) Reply Brief
75
Any reply brief shall not exceed 3,900 words in the
Court of Special Appeals Appellate Court or 6,500 words in the
Court of Appeals Supreme Court.
(4) Amicus Curiae Brief
Except with the permission of the Court, an amicus
curiae brief:
(A) if filed in the Court of Special Appeals Appellate
Court, shall not exceed 3,900 words; and
(B) if filed in the Court of Appeals Supreme Court, shall
not exceed 6,500 words, except that an amicus curiae brief
supporting or opposing a petition for certiorari or other
extraordinary writ shall not exceed 3,900 words.
(e)
Briefs of Cross-Appellant and Cross-Appellee
In cases involving cross-appeals, the principal brief
filed by the appellee/cross-appellant shall not exceed 13,000
words.
The reply brief filed by the appellant/cross-appellee
shall not exceed (1) 13,000 words in the Court of Appeals
Supreme Court or (2) in the Court of Special Appeals Appellate
Court (A) 9,100 words if no reply to the appellee's answer is
included or (B) 13,000 words if a reply is included.
The reply
brief filed by the cross-appellant shall not exceed 3,900 words
in the Court of Special Appeals Appellate Court or 6,500 words
in the Court of Appeals Supreme Court.
. . .
76
MARYLAND RULES OF PROCEDURE
TITLE 8 – APPELLATE REVIEW IN THE COURT OF APPEALS AND COURT OF
SPECIAL APPEALS SUPREME COURT AND THE APPELLATE COURT
CHAPTER 500 – RECORD EXTRACT, BRIEFS, AND ARGUMENT
AMEND Rule 8-504 by replacing “Court of Special Appeals”
with “Appellate Court” in subsection (a)(8), as follows:
Rule 8-504.
(a)
CONTENTS OF BRIEF
Contents
A brief shall comply with the requirements of Rule 8-112
and include the following items in the order listed:
. . .
(8) In the Court of Special Appeals Appellate Court, a
statement as to whether the party filing the brief requests oral
argument.
. . .
77
MARYLAND RULES OF PROCEDURE
TITLE 8 – APPELLATE REVIEW IN THE COURT OF APPEALS AND COURT OF
SPECIAL APPEALS SUPREME COURT AND THE APPELLATE COURT
CHAPTER 500 – RECORD EXTRACT, BRIEFS, AND ARGUMENT
AMEND Rule 8-511 by replacing “Court of Appeals” with
“Supreme Court” in subsections (e)(1) and (e)(3)(A) and by
replacing “Court of Special Appeals” with “Appellate Court” in
subsections (e)(1) and (e)(3)(B), as follows:
Rule 8-511.
AMICUS CURIAE
. . .
(e)
Brief Supporting or Opposing Discretionary Review
(1) Motion Not Required
An amicus curiae brief may be filed in the Court of
Appeals Supreme Court on the question of whether the Court
should issue a writ of certiorari or other extraordinary writ,
or in the Court of Special Appeals Appellate Court on the
question of whether the Court should grant an application for
leave to appeal.
A motion requesting permission to file such an
amicus brief is not required, provided that the amicus curiae
brief is signed by an attorney pursuant to Rule 1-311.
(2) Required Contents
78
A brief filed pursuant to subsection (e)(1) of this Rule
shall state whether, if the writ is issued or application is
granted, the amicus curiae intends to seek consent of the
parties or move for permission to file an amicus curiae brief on
the issues before the Court.
(3) Time for Filing
(A) Unless the Court orders otherwise, an amicus curiae
brief on the question of whether the Court of Appeals Supreme
Court should issue a writ of certiorari or other extraordinary
writ shall be filed within seven days after the petition is
filed.
(B) Unless the Court orders otherwise, an amicus curiae
brief on the question of whether the Court of Special Appeals
Appellate Court should grant an application for leave to appeal
shall be filed within 15 days after the record is transmitted
pursuant to Rule 8-204 (c)(1).
(4) Length
A brief filed pursuant to subsection (e)(1) of this Rule
shall not exceed 1,900 words.
. . .
79
MARYLAND RULES OF PROCEDURE
TITLE 8 – APPELLATE REVIEW IN THE COURT OF APPEALS AND COURT OF
SPECIAL APPEALS SUPREME COURT AND THE APPELLATE COURT
CHAPTER 500 – RECORD EXTRACT, BRIEFS, AND ARGUMENT
AMEND Rule 8-521 by replacing “Court of Appeals” with
“Supreme Court” in the tagline of subsection (a)(1) and
subsection (a)(1) and by replacing “Court of Special Appeals”
with “Appellate Court” in the tagline of subsection (a)(2) and
subsection (a)(2), as follows:
Rule 8-521.
(a)
ASSIGNMENT OF CASES
Regular Order
(1) In the Court of Appeals Supreme Court
In the Court of Appeals Supreme Court, unless advanced
or postponed pursuant to this Rule, cases ordinarily will be
assigned for successive sessions of the Court on the basis of
their numerical order as they appear on the court docket, but
the cases assigned for any session may be assigned for argument
at that session without regard to their numerical order.
Upon
request of the Clerk, a party shall furnish an estimate of the
time required for that party's argument.
Argument shall be held
on the day scheduled, unless postponed pursuant to this Rule.
(2) In the Court of Special Appeals Appellate Court
80
In the Court of Special Appeals Appellate Court, unless
advanced or postponed pursuant to this Rule, cases ordinarily
will be assigned to successive sessions of the Court after the
record is complete and the appellee's brief has been filed or,
if no appellee's brief has been filed, after the time for filing
the appellee's brief has expired.
. . .
81
MARYLAND RULES OF PROCEDURE
TITLE 8 – APPELLATE REVIEW IN THE COURT OF APPEALS AND COURT OF
SPECIAL APPEALS SUPREME COURT AND THE APPELLATE COURT
CHAPTER 500 – RECORD EXTRACT, BRIEFS, AND ARGUMENT
AMEND Rule 8-552 by replacing “Court of Special Appeals”
with “Appellate Court” in sections (a) and (c) and by replacing
“Court of Appeals” with “Supreme Court” in section (a), as
follows:
Rule 8-522.
(a)
ORAL ARGUMENT
Time Limit
Except with permission of the Court, oral argument is
limited to 20 minutes for each side in the Court of Special
Appeals Appellate Court and 30 minutes for each side in the
Court of Appeals Supreme Court.
A party who believes that
additional time is necessary for the adequate presentation of
oral argument, may request, by letter addressed to the Court,
the additional time deemed necessary.
The request shall be made
no later than ten days after the filing of the appellee's brief.
. . .
(c)
Number of Counsel
Except with permission of the Court, not more than two
attorneys may argue for a side.
In granting a request for oral
82
argument pursuant to Rule 8-523 (b)(2), the Court of Special
Appeals Appellate Court may direct that only one attorney may
argue for a side.
When more than one attorney will argue for a
side, the time allowed for the side may be divided as they
desire.
. . .
83
MARYLAND RULES OF PROCEDURE
TITLE 8 – APPELLATE REVIEW IN THE COURT OF APPEALS AND COURT OF
SPECIAL APPEALS SUPREME COURT AND THE APPELLATE COURT
CHAPTER 500 – RECORD EXTRACT, BRIEFS, AND ARGUMENT
AMEND Rule 8-523 by replacing “Court of Special Appeals”
with “the Appellate Court” in the tagline of subsection (a)(1)
and the tagline of section (b), by replacing “Court of Special
Appeals” with “Appellate Court” in subsections (a)(1) and
(b)(1), by replacing “Court of Appeals” with “the Supreme Court”
in the tagline of subsection (a)(2), and by replacing “Court of
Appeals” with “Supreme Court” in subsection (a)(2), as follows:
Rule 8-523.
(a)
CONSIDERATION ON BRIEF
Submission on Brief by Party
(1) In Court of Special Appeals the Appellate Court
In the Court of Special Appeals Appellate Court, a party
to a case the Court has scheduled for argument may submit for
consideration on brief by filing a notice with the Clerk at
least ten days prior to argument.
Before filing a notice
submitting on brief, a party shall attempt to ascertain whether
any other parties to the appeal also will submit on brief and
state the position of those other parties in the notice.
84
The
Court may require oral argument from either side or both sides,
notwithstanding the submission on brief.
(2) In Court of Appeals the Supreme Court
In the Court of Appeals Supreme Court a party may not
submit an appeal for consideration on brief except with
permission of the Court.
A request to submit on brief shall be
made in writing at least 15 days before argument.
(b)
Directed by Court of Special Appeals the Appellate Court
(1) When Directed
In the Court of Special Appeals Appellate Court, if all
the judges of the panel to which an appeal has been assigned
conclude, after the filing of the appellant's brief, that oral
argument would not be of assistance to the Court because of the
nature of the questions raised, the Court shall direct that the
appeal be considered on brief without oral argument.
The Clerk
shall promptly mail notice to all parties that the Court has
directed consideration of the appeal on brief.
. . .
85
MARYLAND RULES OF PROCEDURE
TITLE 8 – APPELLATE REVIEW IN THE COURT OF APPEALS AND COURT OF
SPECIAL APPEALS SUPREME COURT AND THE APPELLATE COURT
CHAPTER 600 – DISPOSITION
AMEND Rule 8-605.1 by replacing “Court of Special Appeals”
with “Appellate Court” in the name of the Rule, section (a), and
section (b), as follows:
Rule 8-605.1.
REPORTING OF OPINIONS OF THE COURT OF SPECIAL
APPEALS APPELLATE COURT
(a)
Reporting of Opinions
The Court of Special Appeals Appellate Court shall
designate for reporting only those opinions that are of
substantial interest as precedents.
(b)
Request for Reporting of Unreported Opinion
At any time before the mandate issues, the Court of
Special Appeals Appellate Court, on its own initiative or at the
request of a party or nonparty filed before the date on which
the mandate is due to be issued, may designate for reporting an
opinion previously designated as unreported.
An unreported
opinion may not be designated for reporting after the mandate
has issued.
Cross reference:
See Rule 1-104.
86
Source: This Rule is derived as follows:
Section (a) is derived from Rule 8-113 (a).
Section (b) is new.
87
MARYLAND RULES OF PROCEDURE
TITLE 8 – APPELLATE REVIEW IN THE COURT OF APPEALS AND COURT OF
SPECIAL APPEALS SUPREME COURT AND THE APPELLATE COURT
CHAPTER 600 – DISPOSITION
AMEND Rule 8-606 by replacing “Court of Special Appeals”
with “the Appellate Court” in the taglines of subsections (b)(3)
and (d)(2) and by replacing “Court of Special Appeals” with
“Appellate Court” and “Court of Appeals” with “Supreme Court” in
subsection (d)(2), as follows:
Rule 8-606.
MANDATE
. . .
(b)
When Issued
(1) Generally
Subject to subsections (b)(2), (3), and (4) of this
Rule, unless the Court orders otherwise, the Clerk shall issue
the mandate upon the expiration of 30 days after the filing of
the Court's opinion or entry of the Court's order.
(2) Voluntary Dismissal
Upon a voluntary dismissal, the Clerk shall issue the
mandate immediately.
(3) Court of Special Appeals The Appellate Court – Expedited
Appeal
88
. . .
(d)
Transmission – Mandate and Record
(1) Generally
Except as provided in subsection (d)(2) of this Rule,
upon issuance of the mandate, the Clerk shall transmit it to the
appropriate lower court.
Unless the appellate court orders
otherwise, the original papers comprising the record shall be
transmitted with the mandate.
If the proceeding emanated from a
non-MDEC court, the mandate shall be transmitted to the lower
court in paper form.
(2) Court of Special Appeals The Appellate Court – Delayed
Return
If a petition for a writ of certiorari is filed pursuant
to Rule 8-303 while the record is in the possession of the Court
of Special Appeals Appellate Court, the Clerk of the Court of
Special Appeals Appellate Court shall not return the record to
the lower court until (A) the petition is denied, or (B) if the
petition is granted, the Court of Special Appeals Appellate
Court takes action in accordance with the mandate of the Court
of Appeals Supreme Court.
. . .
89
MARYLAND RULES OF PROCEDURE
TITLE 8 – APPELLATE REVIEW IN THE COURT OF APPEALS AND COURT OF
SPECIAL APPEALS SUPREME COURT AND THE APPELLATE COURT
CHAPTER 600 – DISPOSITION
AMEND Rule 8-608 by replacing “Court of Appeals” with
“Supreme Court” in sections (a) and (c), by replacing “Court of
Special Appeals” with “Appellate Court” in section (a), and by
making a stylistic change, as follows:
Rule 8-608.
(a)
COMPUTATION OF COSTS
Costs Generally Allowed
The Clerk shall include in the costs the allowance
determined pursuant to section (c) of this Rule for reproducing
the briefs, the record extract, and any necessary appendices to
briefs and any other costs prescribed by these rules Rules or
other law.
Unless the case is in the Court of Appeals Supreme
Court and was previously heard and decided by the Court of
Special Appeals Appellate Court, the Clerk shall also include
the amount paid by or on behalf of the appellant for the
original and the copies of the stenographic transcript of
testimony furnished pursuant to section (a) of Rule 8-411.
the transcript was paid for by the Office of the Public
Defender, the Clerk shall so state.
90
If
. . .
(c)
Allowance for Reproduction
The Clerk shall determine the allowance for reproduction
by multiplying the number of pages in the briefs, the record
extract, and any necessary appendices to briefs by the standard
page rate established from time to time by the Court of Appeals
Supreme Court.
Source: This Rule is derived from former Rules 1080, 880, 1081,
and 881.
91
MARYLAND RULES OF PROCEDURE
TITLE 8 – APPELLATE REVIEW IN THE COURT OF APPEALS AND COURT OF
SPECIAL APPEALS SUPREME COURT AND THE APPELLATE COURT
CHAPTER 600 – DISPOSITION
AMEND Rule 8-611 by adding “an” to the tagline of section
(a), by replacing “The” with “An” in section (a), by adding “a”
to the tagline of section (b), and by making a stylistic change
in section (b), as follows:
Rule 8-611.
(a)
ENFORCEMENT
By an Appellate Court
The An appellate court may enforce its judgment by
appropriate order.
(b)
By a Trial Court
After the clerk of the trial court enters the mandate on
the docket: (1) a party entitled to costs under the mandate may
file a motion in the trial court specifying the amount of costs
due and requesting that a judgment in that amount be entered by
the trial court and that it be recorded and indexed as provided
by Rule 2-601 (c); (2) the judgment of the appellate court is
enforceable by process issued by the trial court; and (3) the
judgment of the trial court may be recorded in another court and
enforced by process issued by that other court pursuant to the
92
rules Rules applicable to an original judgment of the trial
court.
Source: This Rule is in part derived from former Rules 1078 and
878 and in part new.
93
MARYLAND RULES OF PROCEDURE
TITLE 9 – FAMILY LAW ACTIONS
CHAPTER 200 – DIVORCE, ANNULMENT, ALIMONY, CHILD SUPPORT,
AND CHILD CUSTODY
AMEND Rule 9-205.2 by replacing “Judge” with “Justice” and
“Court of Appeals” with “Supreme Court” in subsection (k)(1), as
follows:
Rule 9-205.2.
PARENTING COORDINATION
. . .
(k)
Fees
(1) Fee Schedules
Subject to the approval of the Chief Judge Justice of
the Court of Appeals Supreme Court, the county administrative
judge of each circuit court may develop and adopt maximum fee
schedules for parenting coordinators.
In developing the fee
schedules, the county administrative judge shall take into
account the availability of qualified individuals willing to
provide parenting coordination services and the ability of
litigants to pay for those services.
A parenting coordinator
appointed by the court may not charge or accept a fee for
parenting coordination services in that action in excess of the
fee allowed by the applicable schedule.
94
Violation of this
subsection shall be cause for removal from all lists maintained
pursuant to section (d) of this Rule, Rule 9-205, and the Rules
in Title 17.
. . .
Source:
This Rule is new.
95
MARYLAND RULES OF PROCEDURE
TITLE 12 – PROPERTY ACTIONS
CHAPTER 200 – CONDEMNATION
AMEND Rule 12-211 by replacing “Court of Special Appeals”
with “Appellate Court” and “Court of Appeals” with “Supreme
Court” in subsection (b)(3) and by making a stylistic change, as
follows:
Rule 12-211.
ABANDONMENT
. . .
(b)
When Not Allowed
An action for condemnation may not be abandoned:
(1) after taking has occurred; or
(2) more than 120 days after the entry of judgment unless an
appeal is taken; or
(3) if an appeal was taken, more than 120 days after the
receipt by the clerk of the lower court of a mandate of the
Court of Special Appeals Appellate Court or, if the Court of
Appeals Supreme Court assumes jurisdiction, of the Court of
Appeals Supreme Court evidencing (A) the dismissal of the appeal
by the Court, (B) the affirmance of the judgment, (C) the entry
of judgment pursuant to Rule 8-604 (e), or (D) the modification
of the judgment without the award of a new trial.
96
For purposes
of this subsection, an appeal taken by the plaintiff that is
stricken pursuant to Rule 8-203 or voluntarily dismissed shall
be treated as if not taken, and the time allowed for abandonment
shall be determined in accordance with subsections (1) and (2)
of this section (b)(1) and (b)(2) of this Rule.
. . .
97
MARYLAND RULES OF PROCEDURE
TITLE 15 – OTHER SPECIAL PROCEEDINGS
CHAPTER 200 – CONTEMPT
AMEND Rule 15-205 by replacing “Court of Appeals or the
Court of Special Appeals” with “Supreme Court or the Appellate
Court” in subsection (b)(3)(A) and section (d), as follows:
Rule 15-205.
CONSTRUCTIVE CRIMINAL CONTEMPT; COMMENCEMENT;
PROSECUTION
. . .
(b)
Who May Institute
(1) The court may initiate a proceeding for constructive
criminal contempt by filing an order directing the issuance of a
summons or warrant pursuant to Rule 4-212.
(2) The State's Attorney may initiate a proceeding for
constructive criminal contempt committed against a trial court
sitting within the county in which the State's Attorney holds
office by filing a petition with that court.
(3) The Attorney General may initiate a proceeding for
constructive criminal contempt committed (A) against the Court
of Appeals or the Court of Special Appeals Supreme Court or the
Appellate Court, or (B) against a trial court when the Attorney
General is exercising the authority vested in the Attorney
98
General by Maryland Constitution, Art. V, § 3, by filing a
petition with the court against which the contempt was allegedly
committed.
. . .
(d)
Contents; Service
An order filed by the court pursuant to section (b)(1) of
this Rule and a petition filed by the State's Attorney, the
Attorney General, or the State Prosecutor shall contain the
information required by Rule 4-202 (a). The order or petition
shall be served, along with a summons or warrant, in the manner
specified in Rule 4-212 or, if the proceeding is in the Court of
Appeals or the Court of Special Appeals Supreme Court or the
Appellate Court, in the manner directed by that court.
. . .
99
MARYLAND RULES OF PROCEDURE
TITLE 15 – OTHER SPECIAL PROCEEDINGS
CHAPTER 300 – HABEAS CORPUS
AMEND Rule 15-312 by replacing “Court of Special Appeals”
with “Appellate Court,” as follows:
Rule 15-312.
DISCHARGE ON GROUND OF UNCONSTITUTIONALITY--REVIEW
When an individual is released or discharged under a writ of
habeas corpus on the ground that all or part of the statute or
law under which the individual was convicted is
unconstitutional, the memorandum or the transcription required
by Rule 15-311 shall be filed by the judge within five days
after the judge orders the release or discharge.
The clerk
shall promptly transmit the record to the Clerk of the Court of
Special Appeals Appellate Court for further proceedings.
Cross reference:
413.
See Code, Courts Article, § 3-706 and Rule 8-
Committee note: The provisions of Title 8 are applicable to
proceedings under this Rule except to the extent otherwise
provided.
Source:
This Rule is derived from former Rule Z56.
100
MARYLAND RULES OF PROCEDURE
TITLE 15 – OTHER SPECIAL PROCEEDINGS
CHAPTER 1100 – CATASTROPHIC HEALTH EMERGENCY
AMEND Rule 15-1103 by replacing “Chief Judge of the Court
of Appeals” with “Chief Justice of the Supreme Court” in section
(b), as follows:
Rule 15-1103.
INITIATION OF PROCEEDING TO CONTEST ISOLATION OR
QUARANTINE
. . .
(b)
Order Assigning Judge and Setting Hearing
The County Administrative Judge or that judge's designee
shall enter an order (1) assigning the matter to a judge and (2)
setting the date, time, and location of a hearing on the
petition or directing the clerk to promptly set the hearing and
notify the parties.
The clerk shall provide a copy of the order
to all parties, the State Court Administrator, and the Chief
Judge of the Court of Appeals Chief Justice of the Supreme
Court.
. . .
101
MARYLAND RULES OF PROCEDURE
TITLE 15 – OTHER SPECIAL PROCEEDINGS
CHAPTER 1100 – CATASTROPHIC HEALTH EMERGENCY
AMEND Rule 15-1104 by replacing “Court of Appeals” with
“Supreme Court” in section (a), as follows:
Rule 15-1104.
(a)
PROCEEDINGS IN THE CIRCUIT COURT
Appointment of Counsel
If a petition has been filed pursuant to Rule 15-1103 by
an individual or group not represented by counsel and the
petitioner does not decline court-appointed counsel, the circuit
court shall appoint counsel in accordance with Code, HealthGeneral Article, § 18-906(c), or the Court of Appeals Supreme
Court shall appoint counsel in accordance with Code, Public
Safety Article, § 14-3A-05(f)(2).
The court making the
appointment may order the Secretary to pay reasonable fees and
costs of the court-appointed counsel.
. . .
102
MARYLAND RULES OF PROCEDURE
TITLE 16 – COURT ADMINISTRATION
TABLE OF CONTENTS
CHAPTER 100.
COURT ADMINISTRATIVE STRUCTURE
CHAPTER 200.
GENERAL PROVISIONS – CIRCUIT AND DISTRICT COURTS
CHAPTER 300.
MANAGEMENT
CIRCUIT COURTS – ADMINISTRATION AND CASE
CHAPTER 400.
CIRCUIT COURTS – CLERK’ OFFICES
CHAPTER 500.
RECORDING OF PROCEEDINGS
CHAPTER 600.
EXTENDED COVERAGE OF COURT PROCEEDINGS
CHAPTER 700.
MISCELLANEOUS JUDICIAL UNITS
CHAPTER 800.
MISCELLANEOUS COURT ADMINISTRATION MATTERS
CHAPTER 900.
ACCESS TO COURT RECORDS
CHAPTER 1000. EMERGENCY POWERS OF THE CHIEF JUDGE OF COURT OF
APPEALS JUSTICE OF THE SUPREME COURT
103
MARYLAND RULES OF PROCEDURE
TITLE 16 – COURT ADMINISTRATION
CHAPTER 100 – COURT ADMINISTRATIVE STRUCTURE
AMEND Rule 16-101 by replacing “Judge of the Court of
Appeals” with “Justice of the Supreme Court” in sections (a),
(e), and (f); by replacing “Court of Special Appeals” with
“Appellate Court” in sections (b) and (g); and by replacing
“Court of Appeals” with “Supreme Court” in section (g), as
follows:
Rule 16-101.
GENERAL ADMINISTRATIVE STRUCTURE
The administrative structure of the Maryland Judiciary
consists of the following:
(a)
The Chief Judge of the Court of Appeals Justice of the
Supreme Court, exercising the administrative powers conferred by
the Maryland Constitution, the Maryland Code, and the Maryland
Rules and fulfilling the duties imposed thereby;
(b)
The Chief Judge of the Court of Special Appeals Appellate
Court, exercising the administrative powers conferred upon the
Chief Judge by the Maryland Code and the Maryland Rules and
fulfilling the duties imposed thereby;
(c)
Circuit and County Administrative Judges of the circuit
courts, exercising the administrative powers conferred upon them
104
by the Maryland Code and the Maryland Rules and fulfilling the
duties imposed thereby;
(d)
The Chief Judge and Administrative Judges of the District
Court, exercising the administrative powers conferred upon them
by the Maryland Constitution, the Maryland Code, and the
Maryland Rules and fulfilling the duties imposed thereby;
(e)
The Maryland Judicial Council, fulfilling the duties
imposed upon the Council by the Maryland Rules and
Administrative Orders of the Chief Judge of the Court of Appeals
Justice of the Supreme Court;
(f)
The State Court Administrator and the Administrative
Office of the Courts, exercising the administrative powers
conferred and fulfilling the duties imposed upon them by the
Maryland Code, the Maryland Rules, and Administrative Orders and
directives of the Chief Judge of the Court of Appeals Justice of
the Supreme Court;
(g)
The Clerks of the Court of Appeals Supreme Court, the
Court of Special Appeals Appellate Court, the circuit courts,
and the District Court, exercising the administrative powers
conferred and fulfilling the duties imposed upon them by the
Maryland Constitution, the Maryland Code, and the Maryland
Rules;
. . .
105
MARYLAND RULES OF PROCEDURE
TITLE 16 – COURT ADMINISTRATION
CHAPTER 100 – COURT ADMINISTRATIVE STRUCTURE
AMEND Rule 16-102 by replacing “Judge of the Court of
Appeals” with “Justice of the Supreme Court” in the name of the
Rule and the preamble and by replacing “Judge” with “Justice” in
the preamble and section (b), as follows:
Rule 16-102.
CHIEF JUDGE OF THE COURT OF APPEALS JUSTICE OF THE
SUPREME COURT
The Chief Judge of the Court of Appeals Justice of the
Supreme Court is the administrative head of the Maryland
judicial system and has overall responsibility for the
administration of the courts of this State.
In the execution of
that responsibility, the Chief Judge Justice:
(a)
may exercise the authority granted by the Maryland
Constitution, the Maryland Code, the Maryland Rules, or other
law;
(b)
shall appoint a State Court Administrator to serve at the
pleasure of the Chief Judge Justice;
(c)
may delegate administrative duties to other persons
within the judicial system, including senior judges recalled
pursuant to Code, Courts Article, § 1-302; and
106
(d)
may assign judges pursuant to Rule 16-108 (b).
Source:
This Rule is derived from former Rule 16-101 a (2016).
107
MARYLAND RULES OF PROCEDURE
TITLE 16 – COURT ADMINISTRATION
CHAPTER 100 – COURT ADMINISTRATIVE STRUCTURE
AMEND Rule 16-103 by replacing “Court of Appeals” with
“Appellate Court” in the name of the Rule and in the body of the
Rule and by replacing “Judge of the Court of Appeals” with
“Justice of the Supreme Court” in the body of the Rule, as
follows:
Rule 16-103.
CHIEF JUDGE OF THE COURT OF SPECIAL APPEALS
APPELLATE COURT
Subject to the provisions of this Chapter, other applicable
law, and the direction of the Chief Judge of the Court of
Appeals Justice of the Supreme Court, the Chief Judge of the
Court of Special Appeals Appellate Court is responsible for the
administration of the Court of Special Appeals Appellate Court
and, with respect to that court and to the extent applicable,
has the authority of a County Administrative Judge.
In the
absence of the Chief Judge of the Court of Special Appeals
Appellate Court, the provisions of this Rule shall be applicable
to the senior judge present in the Court of Special Appeals
Appellate Court.
Cross reference: For the definition of a “senior judge” as used
in this Rule, see Rule 1-202 (aa)(1).
Source:
This Rule is derived from former Rule 16-101 b (2016).
108
MARYLAND RULES OF PROCEDURE
TITLE 16 – COURT ADMINISTRATION
CHAPTER 100 – COURT ADMINISTRATIVE STRUCTURE
AMEND Rule 16-104 by replacing references to the Chief
Judge of the Court of Appeals with references to the Chief
Justice of the Supreme Court in sections (a) and (b), as
follows:
Rule 16-104.
(a)
CIRCUIT COURT – CIRCUIT ADMINISTRATIVE JUDGE
Designation
The Chief Judge of the Court of Appeals Justice of the
Supreme Court shall designate, from among the incumbent judges
in each judicial circuit, a Circuit Administrative Judge for
each judicial circuit, to serve in that capacity at the pleasure
of the Chief Judge Justice.
The Circuit Administrative Judge
shall serve also as the County Administrative Judge of the
circuit court for the county within which the judge resides.
(b)
Duties
Subject to the provisions of this Chapter and to the
direction of the Chief Judge of the Court of Appeals Justice of
the Supreme Court, the Circuit Administrative Judge is generally
responsible for the overall administration of the circuit courts
within the judicial circuit, and for matters that may affect
109
more than one of those courts.
In carrying out those
responsibilities, the Circuit Administrative Judge:
(1) may perform, on a temporary basis, any of the duties of
a County Administrative Judge for a circuit court within the
judicial circuit in the absence of the County Administrative
Judge or acting County Administrative Judge for that court;
. . .
110
MARYLAND RULES OF PROCEDURE
TITLE 16 – COURT ADMINISTRATION
CHAPTER 100 – COURT ADMINISTRATIVE STRUCTURE
AMEND Rule 16-105 by replacing references to the Chief
Judge of the Court of Appeals with references to the Chief
Justice of the Supreme Court in section (a), the stem of section
(b), subsection (b)(11), and subsection (d)(2) and by replacing
“Court of Appeals” with “Supreme Court” in subsection (b)(11),
as follows:
Rule 16-105.
(a)
CIRCUIT COURT – COUNTY ADMINISTRATIVE JUDGE
Designation
After considering the recommendation of the Circuit
Administrative Judge, the Chief Judge of the Court of Appeals
Justice of the Supreme Court shall designate a County
Administrative Judge for each circuit court, to serve in that
capacity at the pleasure of the Chief Judge Justice.
Except as
permitted by Rule 16-104 (b)(1), the County Administrative Judge
shall be a judge of that circuit court.
(b)
Duties
Subject to the provisions of this Chapter, other
applicable law, the general supervision of the Chief Judge of
the Court of Appeals Justice of the Supreme Court, and the
111
general supervision of the Circuit Administrative Judge, the
County Administrative Judge is responsible for the
administration of the circuit court, including:
. . .
(11) implementation and enforcement of all administrative
policies, rules, orders, and directives of the Court of Appeals
Supreme Court, the Chief Judge of the Court of Appeals Justice
of the Supreme Court, the State Court Administrator, and the
Circuit Administrative Judge of the judicial circuit; and
(12) performance of any other administrative duties
necessary to the effective administration of the internal
management of the court and the prompt disposition of litigation
in it.
. . .
(d)
Delegation of Authority
(1) A County Administrative Judge may delegate one or more of
the administrative duties and functions imposed by this Rule to
(A) another judge or a committee of judges of the court,
including by designation of another judge of the court to serve
as acting County Administrative Judge during a temporary absence
of the County Administrative Judge, or (B) one or more other
officials or employees of the court.
(2) Except as provided in subsection (d)(3) of this Rule, in
the implementation of Code, Criminal Procedure Article, § 6-103
112
and Rule 4-271 (a), a County Administrative Judge may (A) with
the approval of the Chief Judge of the Court of Appeals Justice
of the Supreme Court, authorize one or more judges to postpone
criminal cases on appeal from the District Court or transferred
from the District Court because of a demand for jury trial, and
(B) authorize not more than one judge at a time to postpone all
other criminal cases.
. . .
113
MARYLAND RULES OF PROCEDURE
TITLE 16 – COURT ADMINISTRATION
CHAPTER 100 – COURT ADMINISTRATIVE STRUCTURE
AMEND Rule 16-106 by replacing “Judge of the Court of
Appeals” with “Justice of the Supreme Court” in sections (a) and
(b), as follows:
Rule 16-106.
(a)
CHIEF JUDGE OF THE DISTRICT COURT
Generally
Subject to the provisions of this Chapter and to the
direction of the Chief Judge of the Court of Appeals Justice of
the Supreme Court, the Chief Judge of the District Court is the
chief administrative officer of that court and is responsible
for the maintenance, administration, and operation of the court
in all its locations throughout the State.
(b)
Administrative Regulations
The Chief Judge of the District Court may adopt
administrative regulations for the governance of the District
Court, subject to and not inconsistent with the Maryland Rules,
other applicable law, or with administrative orders issued by
the Chief Judge of the Court of Appeals Justice of the Supreme
Court.
. . .
114
MARYLAND RULES OF PROCEDURE
TITLE 16 – COURT ADMINISTRATION
CHAPTER 100 – COURT ADMINISTRATIVE STRUCTURE
AMEND Rule 16-107 by replacing “Judge of the Court of
Appeals” with “Justice of the Supreme Court” in section (a), as
follows:
Rule 16-107.
(a)
ADMINISTRATIVE JUDGES OF THE DISTRICT COURT
Designation
Subject to the approval of the Chief Judge of the Court
of Appeals Justice of the Supreme Court, the Chief Judge of the
District Court shall designate a District Court judge in each
district as the administrative judge for that district.
. . .
115
MARYLAND RULES OF PROCEDURE
TITLE 16 – COURT ADMINISTRATION
CHAPTER 100 – COURT ADMINISTRATIVE STRUCTURE
AMEND Rule 16-108 by replacing “Judge of the Court of
Appeals” with “Justice of the Supreme Court” in the tagline of
section (b) and in section (b), as follows:
Rule 16-108.
ASSIGNMENT OF JUDGES
. . .
(b)
Chief Judge of the Court of Appeals Justice of the
Supreme Court
The Chief Judge of the Court of Appeals Justice of the
Supreme Court, by order, may assign (1) a judge of the District
Court, a circuit court, or an appellate court to sit temporarily
in another court other than an Orphans' Court, or (2) a judge of
an Orphans' Court of a county to sit temporarily in an Orphans'
Court of another county in accordance with Code, Estates and
Trusts Article, § 2-106(i).
The order shall specify the court
in which the judge is to sit and the duration of the assignment.
While so assigned, the judge shall possess all of the power and
authority of a judge of a court to which the judge is assigned.
. . .
116
MARYLAND RULES OF PROCEDURE
TITLE 16 – COURT ADMINISTRATION
CHAPTER 100 – COURT ADMINISTRATIVE STRUCTURE
AMEND Rule 16-109 by replacing “judges” with “justices,”
“Court of Appeals” with “Supreme Court,” “Court of Special
Appeals” with “Appellate Court,” and “Judge of the Court of
Appeals” with “Justice of the Supreme Court” in section (a); by
adding “judges of the” in section (a); and by replacing “Judge
of the Court of Appeals” with “Justice of the Supreme Court” and
“Judge” with “Justice” in section (c), as follows:
Rule 16-109.
(a)
MARYLAND JUDICIAL CONFERENCE
Existence; Membership; Chair; Secretariat
There is a Maryland Judicial Conference which consists of
the judges justices of the Court of Appeals Supreme Court, the
judges of the Court of Special Appeals Appellate Court, the
judges of the circuit courts, and the judges of the District
Court.
The Chief Judge of the Court of Appeals Justice of the
Supreme Court is the Chair of the Conference.
The
Administrative Office of the Courts is the secretariat for the
Conference.
. . .
(c)
Sessions
117
Unless otherwise ordered by the Chief Judge of the Court
of Appeals Justice of the Supreme Court, the Conference shall
meet in general session periodically at the time and place
designated by the Chief Judge Justice.
Each session of the
Conference shall be for the number of days determined by the
Chief Judge Justice.
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.
118
MARYLAND RULES OF PROCEDURE
TITLE 16 – COURT ADMINISTRATION
CHAPTER 100 – COURT ADMINISTRATIVE STRUCTURE
AMEND Rule 16-110 by replacing “Judge of the Court of
Appeals” with “Justice of the Supreme Court” in subsection
(b)(1), subsection (b)(11), the Committee note following
subsection (b)(11), subsection (c)(1), subsection (d)(1),
section (e), and subsection (f)(1); by replacing “Court of
Special Appeals” with “Appellate Court” in subsection (b)(2); by
replacing “Court of Appeals” with “Supreme Court” in subsection
(b)(8); and by replacing “Judge” with “Justice” in the Committee
note following subsection (b)(8) and subsections (c)(2), (d)(1),
and (d)(2), as follows:
Rule 16-110.
(a)
JUDICIAL COUNCIL
Existence
There is a Judicial Council.
(b)
Membership; Chair
The Judicial Council consists of:
(1) the Chief Judge of the Court of Appeals Justice of the
Supreme Court, who is the Chair of the Judicial Council;
(2) the Chief Judge of the Court of Special Appeals
Appellate Court;
119
(3) the Chair and Vice Chair of the Conference of Circuit
Judges;
(4) the Chief Judge of the District Court;
(5) the State Court Administrator;
(6) the Chair and Vice Chair of the Conference of Circuit
Court Clerks;
(7) the Chair and Vice Chair of the Conference of Circuit
Court Administrators;
(8) the Chair of the Court of Appeals Supreme Court Standing
Committee on Rules of Practice and Procedure;
(9) the Chief Clerk of the District Court; and
(10) the Chair of the Senior Judges Committee; and
(11) three circuit court judges, three District Court
judges, and two District Administrative Clerks appointed by the
Chief Judge of the Court of Appeals Justice of the Supreme
Court.
Committee note: The Conference of Circuit Court Clerks and the
Conference of Circuit Court Administrators are created and exist
only by Administrative Order of the Chief Judge of the Court of
Appeals Justice of the Supreme Court. The inclusion of their
Chairs or Vice Chairs on the Judicial Council is not intended to
affect the authority of the Chief Judge Justice to alter or
revoke those Administrative Orders.
(c)
Terms of Appointed Members; Vacancies
(1) The term of each member appointed by the Chief Judge of
the Court of Appeals Justice of the Supreme Court is two years,
subject to reappointment for one additional term of two years.
120
(2) If a vacancy occurs because an appointed member dies,
resigns, or leaves the judicial office or office as an
administrative clerk that the member occupied when appointed to
the Judicial Council, the Chief Judge Justice may appoint a
successor to serve for the balance of the unexpired term.
(d)
Duties; Authority
(1) The Judicial Council serves as the principal advisory
body to the Chief Judge of the Court of Appeals Justice of the
Supreme Court with respect to the exercise of the Chief Judge's
Justice’s authority as the administrative head of the State
judicial system.
Cross reference:
Constitution.
See Article IV, § 18 of the Maryland
(2) The Chief Judge Justice, as Chair of the Judicial
Council, may create committees, subcommittees, and work groups:
(A) to consider matters relevant to the functioning and
improvement of the Maryland Judiciary and the administration of
justice in the State; and
(B) to make appropriate recommendations to the Judicial
Council.
(3) The Chair of the Judicial Council shall make an annual
report.
(e)
Secretary
121
The Chief Judge of the Court of Appeals Justice of the
Supreme Court shall designate an individual to serve as
Secretary to the Judicial Council.
(f)
Meetings
(1) The Judicial Council shall meet on the call of the Chief
Judge of the Court of Appeals Justice of the Supreme Court.
(2) Unless impracticable due to exigent circumstances, the
Secretary to the Judicial Council shall cause notice of all
meetings of the Council to be posted on the Judiciary's website,
and, subject to reasonable space limitations, all such meetings
shall be open to the public.
Minutes shall be kept of all
meetings and posted on the Judiciary website.
Source:
This Rule is derived from former Rule 16-802 (2016).
122
MARYLAND RULES OF PROCEDURE
TITLE 16 – COURT ADMINISTRATION
CHAPTER 100 – COURT ADMINISTRATIVE STRUCTURE
AMEND Rule 16-111 by replacing “Judge of the Court of
Appeals” with “Justice of the Supreme Court” in subsection
(a)(1), subsection (a)(2), and section (b), as follows:
Rule 16-111.
STATE COURT ADMINISTRATOR; ADMINISTRATIVE OFFICE
OF THE COURTS
(a)
State Court Administrator
The State Court Administrator:
(1) subject to the authority of the Chief Judge of the Court
of Appeals Justice of the Supreme Court, is the head of the
Administrative Office of the Courts; and
(2) shall perform the duties required by the Maryland Code,
the Maryland Rules, and administrative orders or directives of
the Chief Judge of the Court of Appeals Justice of the Supreme
Court.
Cross reference:
(b)
Code, Courts Article, §§ 7-102, 7-202, 13-101.
Administrative Office of the Courts
The Administrative Office of the Courts shall perform the
duties required by the Maryland Code, the Maryland Rules, and
administrative orders or directives issued by the Chief Judge of
123
the Court of Appeals Justice of the Supreme Court and the
directives of the State Court Administrator.
Cross reference: Code, Courts Article, § 13-101; Family Law
Article, § 4-512.
Source:
This Rule is new.
124
MARYLAND RULES OF PROCEDURE
TITLE 16 – COURT ADMINISTRATION
CHAPTER 200 – GENERAL PROVISIONS – CIRCUIT AND DISTRICT COURTS
AMEND Rule 16-201 by replacing “Judge of the Court of
Appeals” with “Justice of the Supreme Court” in subsection
(a)(2), subsection (b)(1), and section (c) and by replacing
“Judge” with “Justice” in subsection (a)(2), as follows:
Rule 16-201.
(a)
COURT SESSIONS
In General
The courts of this State shall be open each day
throughout the year from Monday through Friday except:
(1) on days designated pursuant to State law for the
observance of legal holidays by State employees; or
(2) when closed because of emergency, inclement weather, or
other good cause by order of the Chief Judge of the Court of
Appeals Justice of the Supreme Court or an individual designated
by the Chief Judge Justice.
Cross reference: For the definition of “holiday,” see Rule 1202 and Code, State Personnel and Pensions Article, § 9-201.
(b)
Proceedings When Courts Closed
No trials or other court proceedings shall be conducted
when the court is closed pursuant to section (a) of this Rule
except when ordered by (1) the Chief Judge of the Court of
125
Appeals Justice of the Supreme Court or (2) a judge of the
particular court in an emergency or as the public welfare may
require.
(c)
Public or Catastrophic Health Emergency
When required to deal with the effects of a public
emergency or a catastrophic health emergency declared by the
Governor, the Chief Judge of the Court of Appeals Justice of the
Supreme Court may order that one or more courts remain open or
reopen, including on a holiday or weekend.
. . .
126
MARYLAND RULES OF PROCEDURE
TITLE 16 – COURT ADMINISTRATION
CHAPTER 200 – GENERAL PROVISIONS – CIRCUIT AND DISTRICT COURTS
AMEND Rule 16-203 by replacing “Court of Appeals” with
“Supreme Court” in subsection (b)(2); by replacing “Judge of the
Court of Appeals” with “Justice of the Supreme Court” in
sections (c), (d), and (e); by correcting a cross reference
after section (c); and by replacing “Judge” with “Justice” in
section (d), as follows:
Rule 16-203.
ELECTRONIC FILING OF PLEADINGS, PAPERS, AND REAL
PROPERTY INSTRUMENTS
. . .
(b)
Submission of Plan
. . .
(2) District Court
The Chief Judge of the District Court may submit to the
Court of Appeals Supreme Court for approval a detailed plan for
a pilot project for the electronic filing of pleadings and
papers.
In developing the plan, the Chief Judge shall consult
with the District Administrative Judge and the District
Administrative Clerk of each district included in the plan, the
District Court Chief Clerk, appropriate vendors, the State Court
127
Administrator, and any other judges, court clerks, members of
the bar, vendors of electronic filing systems, and interested
persons that the Chief Judge chooses, to ensure that the
criteria set forth in section (c) of this Rule are met.
(c)
Criteria for Adoption of Plan
. . .
(6) the court can discard or replace the system during or at
the conclusion of a trial period without undue financial or
operational burden.
The State Court Administrator shall review the plan and
make a recommendation to the Chief Judge of the Court of Appeals
Justice of the Supreme Court with respect to it.
Cross reference: For the definition of “public record,” see
Code, General Provisions Article, § 4-101 (h). See also Rules
16-901 – 16-934 (Access to Judicial Records).
(d)
Approval and Duration of Plan
A plan may not be implemented unless approved by
administrative order of the Chief Judge of the Court of Appeals
Justice of the Supreme Court.
The plan shall terminate two
years after the date of the administrative order unless the
Chief Judge Justice terminates it earlier or modifies or extends
it by a subsequent administrative order.
(e)
Evaluation
The Chief Judge of the Court of Appeals Justice of the
Supreme Court may appoint a committee consisting of one or more
128
judges, court clerks, attorneys, legal educators, bar
association representatives, and other interested and
knowledgeable individuals to monitor and evaluate the plan.
Before the expiration of the two-year period set forth in
section (d) of this Rule, the Chief Judge of the Court of
Appeals Justice of the Supreme Court, after considering the
recommendations of the committee, shall evaluate the operation
of the plan.
. . .
129
MARYLAND RULES OF PROCEDURE
TITLE 16 – COURT ADMINISTRATION
CHAPTER 200 – GENERAL PROVISIONS – CIRCUIT AND DISTRICT COURTS
AMEND Rule 16-204 by replacing “Judge of the Court of
Appeals” with “Justice of the Supreme Court” in subsection
(a)(1) and by replacing “Judge” with “Justice” in the cross
reference following subsection (a)(1), as follows:
Rule 16-204.
REPORTING OF CRIMINAL AND MOTOR VEHICLE
INFORMATION
(a)
Reporting Requirements
A clerk or the Judicial Information Systems unit of the
Administrative Office of the Courts, from data retrieved from
the trial courts case management systems, shall:
(1) report to the Central Repository of Criminal History
Record Information of the Department of Public Safety and
Correctional Services reportable events, as defined in Code,
Criminal Procedure Article, § 10-215, with respect to the list
of offenses agreed to by the Secretary of the Department of
Public Safety and Correctional Services and the Chief Judge of
the Court of Appeals Justice of the Supreme Court; and
Cross reference: See Code, Criminal Procedure Article, § 10-217
regarding agreement between the Secretary and the Chief Judge
Justice.
. . .
130
MARYLAND RULES OF PROCEDURE
TITLE 16 – COURT ADMINISTRATION
CHAPTER 200 – GENERAL PROVISIONS – CIRCUIT AND DISTRICT COURTS
AMEND Rule 16-205 by replacing “Judge of the Court of
Appeals” with “Justice of the Supreme Court” in subsection
(a)(2), subsection (c)(1), and section (d), as follows:
Rule 16-205.
(a)
DISPOSITION OF RECORDS
Applicability
. . .
(2) This Rule applies to records in the custody of a circuit
court or the District Court that (A) for a circuit court are
subject to a Records Retention and Disposal Schedule for the
Circuit Courts adopted by the Records Management Division of the
Department of General Services and approved by the Chief Judge
of the Court of Appeals Justice of the Supreme Court, or (B) for
the District Court, are subject to a District Court Records
Retention and Storage Manual adopted by the Chief Judge of that
Court and approved by the Chief Judge of the Court of Appeals
Justice of the Supreme Court.
. . .
(c)
Circuit Court Records
(1) Duty of Clerk and County Administrative Judge
131
Except as otherwise required by law, each custodian of
records of a circuit court and the county administrative judge
of that court shall dispose of the records in their custody in
accordance with the procedures, schedules, forms, and exhibits
set forth in the Records Retention and Disposal Schedule for the
Circuit Courts of Maryland most recently adopted by the Records
Management Division of the Department of General Services and
approved by the Chief Judge of the Court of Appeals Justice of
the Supreme Court.
. . .
(d)
District Court Records
The Chief Clerk of the District Court and the Chief Judge
of the District Court shall dispose of records of the District
Court in accordance with the procedures, schedules, forms, and
exhibits set forth in the District Court Records Retention and
Storage Manual most recently adopted by the Chief Judge of the
District Court and approved by the Chief Judge of the Court of
Appeals Justice of the Supreme Court.
Cross reference: See Code, Courts Article, §§ 1-605 (d)(6) and
2-205; Code, Family Law Article, § 7-106; and Code, State
Government Article, Title 10, Subtitle 6, Part III, concerning
destruction of records.
Source:
This Rule is new.
132
MARYLAND RULES OF PROCEDURE
TITLE 16 – COURT ADMINISTRATION
CHAPTER 200 – GENERAL PROVISIONS – CIRCUIT AND DISTRICT COURTS
AMEND Rule 16-207 by replacing “Judge of the Court of
Appeals” with “Justice of the Supreme Court” in section (d) and
subsections (h)(2)(A) and (h)(2)(B), as follows:
Rule 16-207.
PROBLEM-SOLVING COURT PROGRAMS
. . .
(d)
Approval of Plan
After review of the plan and consultation with such other
judicial entities as the State Court Administrator may direct,
the Office of Problem-Solving Courts shall submit the plan,
together with any comments and a recommendation, to the State
Court Administrator.
The State Court Administrator shall review
the materials and make a recommendation to the Chief Judge of
the Court of Appeals Justice of the Supreme Court.
The program
shall not be implemented until it is approved by order of the
Chief Judge of the Court of Appeals Justice of the Supreme
Court.
. . .
(h)
Continued Program Operation
(1) Monitoring
133
Each problem-solving court program shall provide the
Office of Problem-Solving Courts with the information requested
by that Office regarding the program.
(2) Report and Recommendation
(A) The Office of Problem-Solving Courts shall submit to
the Chief Judge of the Court of Appeals Justice of the Supreme
Court, through the State Court Administrator, annual reports and
recommendations as to the status and operations of the various
problem-solving court programs.
The Office of Problem-Solving
Courts shall provide to the Chief Judge of the District Court a
copy of each report and recommendation that pertains to a
problem-solving court program in the District Court.
(B) The Chief Judge of the Court of Appeals Justice of the
Supreme Court may require information regarding the status and
operation of a problem-solving court program and may direct that
a program be altered or terminated.
Source:
This Rule is derived from former Rule 16-206 (2016).
134
MARYLAND RULES OF PROCEDURE
TITLE 16 – COURT ADMINISTRATION
CHAPTER 200 – GENERAL PROVISIONS – CIRCUIT AND DISTRICT COURTS
AMEND Rule 16-208 by replacing “Judge of the Court of
Appeals” with “Justice of the Supreme Court” in subsection
(d)(3), as follows:
Rule 16-208.
CELL PHONES; OTHER ELECTRONIC DEVICES; CAMERAS
. . .
(d)
Notice
Notice of the provisions of sections (b) and (c) of this
Rule shall be:
(1) posted prominently at the court facility;
(2) included on the main Judiciary website and the website
of each court; and
(3) disseminated to the public by any other means approved
in an administrative order of the Chief Judge of the Court of
Appeals Justice of the Supreme Court.
Source:
This Rule is derived from former Rule 16-110 (2016).
135
MARYLAND RULES OF PROCEDURE
TITLE 16 – COURT ADMINISTRATION
CHAPTER 300 – CIRCUIT COURTS – ADMINISTRATION AND CASE
MANAGEMENT
AMEND Rule 16-307 by replacing “Judge of the Court of
Appeals” with “Justice of the Supreme Court” in subsection
(a)(4)(D), the tagline of subsection (b)(4), and subsection
(b)(4), as follows:
Rule 16-307.
(a)
FAMILY DIVISION AND SUPPORT SERVICES
Family Division
. . .
(4) Responsibilities of the County Administrative Judge
The County Administrative Judge of the Circuit Court for
each county having a family division shall:
. . .
(D) prepare and submit to the Chief Judge of the Court of
Appeals Justice of the Supreme Court, no later than October 15
of each year, a written report that includes a description of
family support services provided by the court's family division
in the preceding fiscal year.
(b)
Circuit Courts Without a Family Division
. . .
136
(4) Report to the Chief Judge of the Court of Appeals
Justice of the Supreme Court
The County Administrative Judge shall prepare and submit
to the Chief Judge of the Court of Appeals Justice of the
Supreme Court, no later than October 15 of each year, a written
report that includes a description of the family support
services provided by the court in the preceding fiscal year.
Source:
This Rule is derived from former Rule 16-204 (2016).
137
MARYLAND RULES OF PROCEDURE
TITLE 16 – COURT ADMINISTRATION
CHAPTER 300 – CIRCUIT COURTS – ADMINISTRATION AND CASE
MANAGEMENT
AMEND Rule 16-308 by replacing “Judge of the Court of
Appeals” with “Justice of the Supreme Court” in section (b), as
follows:
Rule 16-308.
BUSINESS AND TECHNOLOGY CASE MANAGEMENT PROGRAM
. . .
(b)
Program Established
Subject to the availability of fiscal and human
resources, a program approved by the Chief Judge of the Court of
Appeals Justice of the Supreme Court shall be established to
enable each circuit court to handle business and technology
matters in a coordinated, efficient, and responsive manner and
to afford convenient access to attorneys and litigants in
business and technology matters.
The program shall include:
(1) a program track within the differentiated case
management system established under Rule 16-302;
(2) a procedure by which an action is assigned to the
program;
138
(3) program judges who are specially trained in business and
technology; and
(4) ADR proceedings conducted by individuals qualified under
Title 17 of these Rules and specially trained in business and
technology.
. . .
139
MARYLAND RULES OF PROCEDURE
TITLE 16 – COURT ADMINISTRATION
CHAPTER 400 – CIRCUIT COURTS — CLERKS’ OFFICES
AMEND Rule 16-401 by replacing “Judge” with “Justice” in
the tagline of subsection (a)(3) and by replacing “Judge of the
Court of Appeals” with “Justice of the Supreme Court” in
subsections (a)(3) and (b)(2)(A), as follows:
Rule 16-401.
(a)
PERSONNEL
Chief Deputy Clerk
(1) Appointment
The clerk of each circuit court may appoint a chief
deputy clerk for that court.
The appointment is not subject to
section (b) of this Rule.
(2) Tenure
Subject to subsection (a)(3) of this Rule, a chief
deputy clerk serves at the pleasure of the clerk.
(3) Approval of Chief Judge Justice
The appointment, retention, and removal of a chief
deputy clerk shall be subject to the approval of the Chief Judge
of the Court of Appeals Justice of the Supreme Court, after
consultation with the County Administrative Judge and the State
Court Administrator.
140
(b)
Other Employees
(1) Authorization to Fill Vacancy
If a vacancy occurs in a clerk's office, the clerk shall
seek authorization from the State Court Administrator to fill
the vacancy.
(2) Personnel System
(A) Generally
The selection and appointment of other employees in
the clerk's office and the promotion, classification and
reclassification, transfer, demotion, suspension, discharge, and
other discipline of such employees shall be subject to and
conform with the standards and procedures set forth in a
personnel system developed by the State Court Administrator and
approved by the Chief Judge of the Court of Appeals Justice of
the Supreme Court.
The personnel system shall (i) provide for
equal opportunity, (ii) be based on merit principles, (iii)
include appropriate job classifications and compensation scales,
and (iv) include a grievance procedure in conformance with
subsection (b)(2)(B) of this Rule.
(B) Grievance Procedure
The clerk shall resolve a grievance within the clerk's
office, but the grievance procedure shall permit an aggrieved
party to appeal from the decision of the clerk to the State
Court Administrator or his or her designee.
141
The decision of the
State Court Administrator or designee shall constitute the final
administrative decision.
During the pendency of an appeal, the
State Court Administrator may grant interim relief which, after
consultation with the county administrative judge of each
affected court, may include a transfer of an employee.
Committee note: The State Court Administrator may seek
appropriate judicial relief to enforce a final determination and
directive. See Rule 1-201 (a).
(3) Review for Compliance
The State Court Administrator may review the selection,
promotion, or discipline of an employee to ensure compliance
with the standards and procedures in the personnel system.
. . .
142
MARYLAND RULES OF PROCEDURE
TITLE 16 – COURT ADMINISTRATION
CHAPTER 400 – CIRCUIT COURTS — CLERKS’ OFFICES
AMEND Rule 16-402 by replacing “Judge of the Court of
Appeals” with “Justice of the Supreme Court” in sections (b) and
(d), as follows:
Rule 16-402.
OPERATIONS
. . .
(b)
General Operations
The State Court Administrator shall develop policies,
procedures, and standards for all judicial and non-judicial
operations of the clerks' offices, including case processing,
records management, forms control, accounting, budgeting,
inventory, and data processing.
The data processing systems in
Baltimore City, Prince George's County, and Montgomery County in
effect on July 1, 2016 shall not be replaced, other than by
MDEC, except by order of the Chief Judge of the Court of Appeals
Justice of the Supreme Court.
. . .
(d)
Submission of Budget
Each clerk shall submit an annual budget to the State
Court Administrator for review and approval by the Chief Judge
143
of the Court of Appeals Justice of the Supreme Court.
The
budget shall be submitted at the time specified by the State
Court Administrator and shall be in the form prescribed by the
Secretary of Budget and Management.
. . .
144
MARYLAND RULES OF PROCEDURE
TITLE 16 – COURT ADMINISTRATION
CHAPTER 400 – CIRCUIT COURTS — CLERKS’ OFFICES
AMEND Rule 16-403 by replacing “Judge of the Court of
Appeals” with “Justice of the Supreme Court” in subsection
(a)(2) and section (b), as follows:
Rule 16-403.
(a)
HOURS
Generally
Except as provided in section (b) of this Rule, the
office of each clerk of a circuit court shall be open to the
public throughout the year for the transaction of all business
of the court from at least 8:30 a.m. to 4:30 p.m. Monday through
Friday of each week, except:
(1) on days designated pursuant to State law for the
observance of legal holidays by State employees; or
(2) on days when the court is closed because of an
emergency, inclement weather, or other good cause by order of
the Chief Judge of the Court of Appeals Justice of the Supreme
Court, the County Administrative Judge, or the Circuit
Administrative Judge for the judicial circuit.
(b)
Public or Catastrophic Health Emergency
145
The clerk's office shall be open on each day that the
Chief Judge of the Court of Appeals Justice of the Supreme Court
orders the court to be open pursuant to Rule 16-201 (c) (Public
or Catastrophic Health Emergency).
Source:
This Rule is derived from former Rule 16-304 (2016).
146
MARYLAND RULES OF PROCEDURE
TITLE 16 – COURT ADMINISTRATION
CHAPTER 400 – CIRCUIT COURTS — CLERKS’ OFFICES
AMEND Rule 16-404 by replacing “Judge of the Court of
Appeals” with “Justice of the Supreme Court,” as follows:
Rule 16-404.
DOCKETS
The clerks of the circuit courts shall maintain dockets in the
form and containing the information prescribed by the Chief
Judge of the Court of Appeals Justice of the Supreme Court.
Source:
This Rule is derived from former Rule 16-305 (2016).
147
MARYLAND RULES OF PROCEDURE
TITLE 16 – COURT ADMINISTRATION
CHAPTER 500 – RECORDING OF PROCEEDINGS
AMEND Rule 16-505 by replacing “Judge of the Court of
Appeals” with “Justice of the Supreme Court” in sections (a) and
(c), as follows:
Rule 16-505.
(a)
ADMINISTRATION OF CIRCUIT COURT RECORDING PROCESS
Regulations and Standards
The Chief Judge of the Court of Appeals Justice of the
Supreme Court, by administrative order, shall prescribe
regulations and standards regarding the court recording process
and the person responsible for recording proceedings in the
courts of the State.
The regulations and standards may include:
(1) the selection, qualifications, and responsibilities of
persons recording court proceedings;
(2) preparation, typing, and format of transcripts;
(3) charges for transcripts and copies;
(4) preservation and maintenance of reporting notes and
records, however recorded;
(5) equipment and supplies utilized in reporting; and
(6) procedures for filing and maintaining administrative
records and reports.
148
. . .
(c)
Supervision of Court Reporters
Subject to the general supervision of the Chief Judge of
the Court of Appeals Justice of the Supreme Court, the County
Administrative Judge shall have the supervisory responsibility
for the court reporters and persons responsible for recording
court proceedings in that county.
The County Administrative
Judge may delegate supervisory responsibility to the supervisory
court reporter or a person responsible for recording court
proceedings, including the assignment of court reporters or
other persons responsible for recording court proceedings.
Cross reference: Rule 16-914 (h) provides that backup audio
recordings made by any means, computer disks, and notes of a
court reporter that have not been filed with the clerk or are
not part of the official court record are not ordinarily subject
to public inspection.
Source:
This Rule is derived from former Rule 16-404 (2016).
149
MARYLAND RULES OF PROCEDURE
TITLE 16 – COURT ADMINISTRATION
CHAPTER 600 – EXTENDED COVERAGE OF COURT PROCEEDINGS
AMEND Rule 16-601 by adding “Justice or Chief” and “justice
or” to the definition contained in subsection (e)(3), as
follows:
Rule 16-601.
DEFINITIONS
. . .
(e)
Presiding Judge
(1) “Presiding judge” means a judge designated to preside
over a proceeding which is, or is intended to be, the subject of
extended coverage.
(2) Where action by a presiding judge is required by the
Rules in this Chapter, and no judge has been designated to
preside over the proceeding, “presiding judge” means the Local
Administrative Judge.
(3) In an appellate court, “presiding judge” means the Chief
Justice or Chief Judge of that court or the senior justice or
judge of a panel of which the Chief Justice or Chief Judge is
not a member.
Cross reference: For the definition of a “senior judge” as used
in this Rule, see Rule 1-202 (aa)(1).
Source:
This Rule is derived from former Rule 16-109 a (2016.)
150
MARYLAND RULES OF PROCEDURE
TITLE 16 – COURT ADMINISTRATION
CHAPTER 600 – EXTENDED COVERAGE OF COURT PROCEEDINGS
AMEND Rule 16-605 by replacing “Court of Appeals or Court
of Special Appeals” with “Supreme Court or the Appellate Court”
in subsection (a)(4), as follows:
Rule 16-605.
(a)
ACTION ON REQUEST
When Permission Prohibited
. . .
(4) Consent of the parties is not required for extended
coverage of a proceeding in the Court of Appeals or Court of
Special Appeals Supreme Court or the Appellate Court, but any
party may, at any time, move to terminate or limit extended
coverage.
. . .
151
MARYLAND RULES OF PROCEDURE
TITLE 16 – COURT ADMINISTRATION
CHAPTER 700 – MISCELLANEOUS JUDICIAL UNITS
AMEND Rule 16-701 by replacing “Court of Appeals” with
“Supreme Court” in sections (a), (b), and (c), subsection
(d)(2), and section (g) and by replacing “Court of Special
Appeals” with “Appellate Court” in section (b), as follows:
Rule 16-701.
(a)
RULES COMMITTEE
Existence
There is a Standing Committee on Rules of Practice and
Procedure to assist the Court of Appeals Supreme Court in the
exercise of its Constitutional and statutory rule-making
authority.
Cross reference:
(b)
Code, Courts Article, § 13-301.
Membership
The Committee shall consist of one incumbent judge of the
Court of Special Appeals Appellate Court, three incumbent
circuit court judges, three incumbent judges of the District
Court, one member of the State Senate, one member of the House
of Delegates, one clerk of a circuit court, and such other
individuals determined by the Court of Appeals Supreme Court.
152
All members shall be appointed by the Court of Appeals Supreme
Court.
(c)
Chair and Vice Chair
The Court of Appeals Supreme Court shall designate one
member of the Committee as Chair of the Committee and may
designate one member as Vice Chair.
The Chair shall preside at
meetings of the Committee and, with the assistance of the
Reporter, generally supervise the work of the Committee.
The
Vice Chair shall perform the duties of the Chair in the absence
of the Chair.
(d)
Terms
(1) Generally
Except as otherwise provided in subsection (d)(2) of
this Rule, in an Order appointing or reappointing a member of
the Rules Committee effective on or after July 1, 2016:
. . .
(2) Members with No Terms
(A) The Chair and the members appointed from the State
Senate and the House of Delegates have no terms and serve at the
pleasure of the Court of Appeals Supreme Court.
(B) The State Court Administrator has no term.
. . .
(g)
Duties of Committee
153
The Rules Committee shall keep abreast of emerging trends
and new developments in the law that may affect practice and
procedure in the Maryland courts.
It shall review relevant new
legislation, Executive initiatives, judicial decisions, and
proposals from persons and groups interested in the Maryland
judicial system to determine whether any new Rules of Procedure
or changes to existing Rules may be advisable.
Unless the Court
of Appeals Supreme Court determines otherwise, every suggestion
made to it for the adoption, amendment, or rescission of a
Maryland Rule shall be referred to the Rules Committee for
consideration.
Source: This Rule is derived in part from former Rule 16-801
(b) (2016) and is in part new.
154
MARYLAND RULES OF PROCEDURE
TITLE 16 – COURT ADMINISTRATION
CHAPTER 700 – MISCELLANEOUS JUDICIAL UNITS
AMEND Rule 16-702 by replacing “Judge of the Court of
Appeals” with “Justice of the Supreme Court” in subsection
(d)(2), in the tagline of subsection (d)(3), and in subsection
(d)(3), as follows:
Rule 16-702.
CONFERENCE OF CIRCUIT JUDGES
. . .
(d)
Duties
. . .
(2) Consultants
With the approval of the Chief Judge of the Court of
Appeals Justice of the Supreme Court, the Conference may retain
consultants in matters relating to the circuit courts.
(3) Consultation With Chief Judge of the Court of Appeals
Justice of the Supreme Court
The Conference may nominate to the Chief Judge of the
Court of Appeals Justice of the Supreme Court circuit court
judges for membership on committees and bodies of interest to
the circuit courts.
(4) Majority Vote
155
The Conference and the Executive Committee of the
Conference each shall carry out its duties pursuant to a
majority vote of its authorized membership.
. . .
156
MARYLAND RULES OF PROCEDURE
TITLE 16 – COURT ADMINISTRATION
CHAPTER 800 – MISCELLANEOUS COURT ADMINISTRATION MATTERS
AMEND Rule 16-801 by replacing “Court of Appeals” with
“Supreme Court” in subsections (a)(1), (a)(4)(B), and (a)(4)(C)
and section (c); by replacing “Court of Special Appeals” with
“Appellate Court” in subsection (a)(1) and section (c); by
replacing “Judge” with “Justice” in subsection (a)(4)(B); and by
replacing “Judge of the Court of Appeals” with “Justice of the
Supreme Court” in section (c), as follows:
Rule 16-801.
COMPLIANCE WITH BUDGET, PROCUREMENT, AND PERSONNEL
STANDARDS
(a)
Applicability
This Rule applies to:
(1) the Office of Clerks of the Court of Appeals Supreme
Court, the Court of Special Appeals Appellate Court, and the
circuit courts,
(2) the District Court,
(3) the Administrative Office of the Courts, and
(4) units, other than courts, that are not part of the
Executive or Legislative Branch of the State; and
157
(A) that are funded, in whole or in part, through
appropriations to the Judicial Branch;
(B) whose budgets are subject to approval by the Court of
Appeals Supreme Court or the Chief Judge Justice of that Court;
or
(C) that are subject to audit by the Court of Appeals
Supreme Court, the Administrative Office of the Courts, or the
State Court Administrator.
. . .
(c)
Other Supervisory and Approval Authority
This Rule is not intended to limit any other supervisory
or approval authority of the Court of Appeals Supreme Court, the
Chief Judge of the Court of Appeals Justice of the Supreme
Court, the Chief Judge of the Court of Special Appeals Appellate
Court, the Chief Judge of the District Court, the Circuit and
County Administrative Judges of the Circuit Courts, the State
Court Administrator, or the Administrative Office of the Courts
over units of the Judiciary subject to that authority.
Source:
(2016).
This Rule is derived from former Rule 16-101 (e)
158
MARYLAND RULES OF PROCEDURE
TITLE 16 – COURT ADMINISTRATION
CHAPTER 800 – MISCELLANEOUS COURT ADMINISTRATION MATTERS
AMEND Rule 16-802 by replacing “Court of Appeals” with
“Supreme Court” in sections (a), (b), and (c), subsections
(d)(1)(A) and (d)(2)(A), section (e), subsection (f)(2), and
section (h), as follows:
Rule 16-802.
(a)
PROMULGATION OF RULES
Report of Rules Committee
All recommendations by the Standing Committee on Rules of
Practice and Procedure for new Rules or changes to existing
Rules shall be transmitted to the Court of Appeals Supreme Court
in a consecutively numbered report or supplement thereto setting
forth the changes proposed and the reasons for the proposed
changes.
A proposed new Rule shall show in plain type the text
of the proposed Rule.
Proposed amendments to existing Rules
shall show in plain type the current Rule with proposed
deletions indicated by strikeouts and proposed additions
indicated by underlined language.
(b)
Posting of Report; Opportunity for Comment
The Reporter to the Committee shall cause all reports and
supplements to them that transmit proposed additions or changes
159
to the Maryland Rules, together with the text of the changes
proposed, to be posted for comment on the Judiciary website.
Unless otherwise directed by the Court of Appeals Supreme Court,
the comment period ordinarily shall be 30 days.
(c)
Written Comments
Unless otherwise directed or approved by the Court of
Appeals Supreme Court, comments to proposed additions or changes
shall (1) be in writing, (2) identify the individual or group
making the comment, and (3) be sent to the Reporter to the
Committee within the time specified in the notice posted on the
Judiciary website.
At the conclusion of the comment period, the
Reporter shall collect and promptly transmit the comments to the
Court.
Comments not sent to the Reporter in accordance with
this section ordinarily will not be considered by the Court.
(d)
Court Proceedings
(1) Generally
(A) The Court of Appeals Supreme Court shall conduct all
proceedings involving the exercise of its authority under
Article IV, Section 18 (a) of the Maryland Constitution to adopt
or modify Rules of Procedure at a meeting open to the public.
The meeting may consist of a public hearing pursuant to
subsection (d)(2) of this Rule or be limited to specific
presentations invited by the Court and discussion and voting by
the Court.
The meeting may be in the courtroom, in the Court's
160
conference room, or at any other suitable place designated by
the Court.
Advance notice of the meeting shall be given in the
manner designated by the Court.
(B) The Clerk of the Court shall serve as recording
secretary at all public hearings and open meetings.
The Clerk
shall monitor an audio recording of the proceedings, which the
Clerk shall retain as a permanent record and make available upon
request.
Recording of the proceedings by other persons in
attendance is prohibited.
(C) In order to furnish easy access to Rules proceedings,
doors to the court or conference room shall remain open at all
times during all public hearings and open meetings.
(2) Public Hearing
(A) Unless, for good cause, the Court of Appeals Supreme
Court orders otherwise, the Court, upon the expiration of any
comment period, shall hold a public hearing on all proposed
additions or changes to the Maryland Rules.
. . .
(e)
Rules Order
New Rules and the amendment or rescission of existing
Rules adopted by the Court of Appeals Supreme Court shall be by
a Rules Order of the Court.
(f)
Effective Date
(1) Stated in Rules Order
161
The Rules Order shall state the effective date of the
changes and the extent to which those changes will apply to
proceedings pending on that date.
(2) Minimum Delay; Exception
Unless the Court of Appeals Supreme Court determines
that, due to exigent circumstances, Rules changes should take
effect sooner, Rules changes shall become effective no earlier
than the later of:
. . .
(h)
Record of Rules
The Clerk of the Court of Appeals Supreme Court shall
maintain a separate record designated as the “Maryland Rules of
Procedure,” which shall contain all Rules and amendments adopted
by the Court.
Source: This Rule is derived from former Rule 16-801 (c)
through (j) (2016).
162
MARYLAND RULES OF PROCEDURE
TITLE 16 – COURT ADMINISTRATION
CHAPTER 800 – MISCELLANEOUS COURT ADMINISTRATION MATTERS
AMEND Rule 16-803 by replacing “Judge of the Court of
Appeals” with “Justice of the Supreme Court” in sections (a) and
(b), by replacing “Court of Special Appeals” with “Appellate
Court” in section (a), and by replacing “Court of Appeals” with
“Supreme Court” in the Committee note following section (b), as
follows:
Rule 16-803.
(a)
CONTINUITY OF OPERATIONS PLAN
Duty to Prepare, Monitor, and Test
With the assistance of the Administrative Office of the
Courts, the Chief Judge of the Court of Appeals Justice of the
Supreme Court, the Chief Judge of the Court of Special Appeals
Appellate Court, the County Administrative Judge of each circuit
court in consultation with the Circuit Administrative Judge for
the judicial circuit, and the Chief Judge of the District Court
shall be responsible for:
(1) preparing a detailed plan for the continuity of
operations of their respective courts in the event of a public
emergency or catastrophic health emergency and assuring that the
163
judges of their respective courts and other necessary judicial
and non-judicial personnel are familiar with the plan; and
(2) monitoring, periodically testing, and updating the plan
and certifying to the State Court Administrator on or before
January 1 and July 1 of each year that they have complied with
this section.
(b)
Conformance to AOC Guidelines and Emergency Orders
The plan shall conform to guidelines established by the
Administrative Office of the Courts and is subject to emergency
orders issued by the Chief Judge of the Court of Appeals Justice
of the Supreme Court pursuant to Rules 16-1001 through 16-1003.
The plan and any amendments to it shall be submitted to the
State Court Administrator.
Committee note: Jury plans are governed in part by Code, Courts
Article, Title 8, Subtitle 2, but the Court of Appeals Supreme
Court may adopt Rules to govern the provisions and
implementation of those plans. See Code, Courts Article, § 8202. Jury plans proposed by the circuit courts are subject to
approval by the Court of Appeals Supreme Court. See Code,
Courts Article, § 8-203.
Source:
This Rule is new.
164
MARYLAND RULES OF PROCEDURE
TITLE 16 – COURT ADMINISTRATION
CHAPTER 800 – MISCELLANEOUS COURT ADMINISTRATION MATTERS
AMEND Rule 16-804 by replacing “Court of Appeals” with
“Supreme Court” and “Court of Special Appeals” with “Appellate
Court” in subsection (d)(3), as follows:
Rule 16-804.
CONTINUANCES OR POSTPONEMENTS FOR CONFLICTING CASE
ASSIGNMENTS OR LEGISLATIVE DUTIES
. . .
(d)
Priorities Where Conflicting Assignments Exist
. . .
(3) Conflicts Between Appellate and Trial Court Proceedings
In the event of a conflict in a hearing or trial date or
time between an action or proceeding pending in (A) the Court of
Appeals of Maryland Supreme Court, the Court of Special Appeals
Appellate Court, or the United States Court of Appeals for the
Fourth Circuit, and (B) a Federal or State trial court, the
appellate proceeding shall be given priority over the trial
court proceeding unless otherwise agreed by the respective
appellate and trial courts.
. . .
165
MARYLAND RULES OF PROCEDURE
TITLE 16 – COURT ADMINISTRATION
CHAPTER 800 – MISCELLANEOUS COURT ADMINISTRATION MATTERS
AMEND Rule 16-806 by replacing “Judge of the Court of
Appeals” with “Justice of the Supreme Court” in the tagline of
section (c) and in section (c) and by replacing “Judge” with
“Justice” in section (c), as follows:
Rule 16-806.
JUDICIAL PERSONNEL POLICIES AND PROCEDURES
. . .
(c)
Approval by Chief Judge of the Court of Appeals Justice
of the Supreme Court
The State Court Administrator or the county
administrative judge who developed the policies and procedures
required by this Rule shall submit them for consideration by the
Chief Judge of the Court of Appeals Justice of the Supreme
Court.
The policies and procedures shall take effect upon
approval as directed by the Chief Judge Justice.
Source:
This Rule is new.
166
MARYLAND RULES OF PROCEDURE
TITLE 16 – COURT ADMINISTRATION
CHAPTER 900 – ACCESS TO JUDICIAL RECORDS
DIVISION 1. GENERAL PROVISIONS
AMEND Rule 16-902 by replacing “Court of Appeals” with
“Supreme Court” in section (a) and the Committee note following
section (a) and by updating a reference in the Committee note
following section (a), as follows:
Rule 16-902.
(a)
PREAMBLE
Constitutional Authority
Article IV, § 18(a) of the Md. Constitution authorizes
the Court of Appeals Supreme Court to adopt Rules concerning the
practice and procedure in and the administration of the courts
of this State that have the force of law.
Control over access
to judicial records in the custody of judicial agencies, special
judicial units, or judicial personnel is an integral part of the
practice and procedure in and administration of the courts.
Committee note: The Public Information Act (Code, General
Provisions Article, § 4-301(a)(2)(iii)) recognizes that
authority by requiring a custodian of a public record to deny
inspection of a public record if inspection would be contrary to
a Rule adopted by the Court of Appeals Supreme Court.
. . .
167
MARYLAND RULES OF PROCEDURE
TITLE 16 – COURT ADMINISTRATION
CHAPTER 900 – ACCESS TO JUDICIAL RECORDS
DIVISION 1. GENERAL PROVISIONS
AMEND Rule 16-903 by replacing “Court of Appeals” with
“Supreme Court” in subsection (a)(2)(B), subsection (b)(2)(I),
and section (f); by replacing a reference to the Chief Judge of
the Court of Appeals with a reference to the Chief Justice of
the Supreme Court in subsection (b)(2)(I); by replacing “Court
of Special Appeals” with “Appellate Court of Maryland” in
section (f); and by adding “of Maryland” after “circuit court”
in section (f), as follows:
Rule 16-903.
DEFINITIONS
In this Chapter, the following definitions apply except as
otherwise expressly provided or as necessary implication
requires:
(a)
Access; Remote Access
(1) Access
“Access” means the right to inspect, search, or obtain a
copy of a judicial record.
“Access” and “Inspection” are used
interchangeably.
Cross reference: For courthouse computer terminals or kiosks
available for use by the public, see Rule 16-918 (c).
168
(2) Remote Access
(A) Generally
“Remote access” means the ability to inspect, search,
or obtain a copy of a judicial record by electronic means from a
device not under the control of the Maryland Judiciary.
(B) Case Records
Remote access to information in case records means
access through the CaseSearch program operated by the
Administrative Office of the Courts or through the MDEC System
established by the Court of Appeals Supreme Court.
Access to
electronic case records through a terminal or kiosk located in a
courthouse of the District Court, a circuit court, or an
appellate court of this State and made available by the court
for public access does not constitute remote access.
Cross reference:
See Title 20 of the Maryland Rules.
. . .
(b)
Administrative Record
. . .
(2)
“Administrative record” includes:
. . .
(I) policies, procedures, and plans adopted or approved by
the SCA, the Court of Appeals Supreme Court, the Chief Judge
Justice of that Court, the administrative judge of a circuit
169
court, the Chief Judge of the District Court, an orphans' court,
or a register of wills pursuant to the Maryland Constitution, a
Maryland Rule, or a statute;
. . .
(f)
Court
“Court” means the Court of Appeals Supreme Court of
Maryland, the Court of Special Appeals Appellate Court of
Maryland, a circuit court of Maryland, the District Court of
Maryland, and an orphans' court of Maryland.
. . .
170
MARYLAND RULES OF PROCEDURE
TITLE 16 – COURT ADMINISTRATION
CHAPTER 900 – ACCESS TO JUDICIAL RECORDS
DIVISION 2. LIMITATIONS ON ACCESS
AMEND Rule 16-911 by replacing “Court of Appeals” with
“Supreme Court” in subsection (a)(4) and the Committee note
following section (f) and by making stylistic changes, as
follows:
Rule 16-911.
(a)
REQUIRED DENIAL OF INSPECTION — IN GENERAL
When Inspection Would be Contrary to Federal Law, Certain
Maryland Law, Maryland Rules, or Court Order
A custodian shall deny inspection of a judicial record or
any part of a judicial record if inspection would be contrary
to:
(1) the Constitution of the United States, a Federal
statute, or a Federal regulation adopted under a Federal statute
and that has the force of law;
(2) the Maryland Constitution;
(3) a provision of the PIA that is made applicable to
judicial records by the Rules in this Chapter;
(4) a Rule adopted by the Court of Appeals Supreme Court; or
. . .
171
(f)
Security of Judicial Facilities, Equipment, Operations,
Personnel
A custodian shall deny inspection of:
(1) a continuity of operations plan; and
(2) judicial records or parts of judicial records that
consist of or describe policies, procedures, directives, or
designs pertaining to the security or safety of judicial
facilities, equipment, operations, or personnel, or of the
members of the public while in or in proximity to judicial
facilities or equipment.
Cross reference: For an example of a statute enacted by the
General Assembly other than the PIA that restricts inspection of
a case record, see Code, Criminal Procedure Article, Title 10,
Subtitle 3.
Committee note: Subsection (a)(5) of this Rule allows a court
to seal a record or otherwise preclude its disclosure. So long
as a judicial record is under seal or subject to an order
precluding or limiting disclosure, it may not be disclosed
except in conformance with the court's order. The authority to
seal a judicial record must be exercised in conformance with the
general policy of these Rules and with supervening standards
enunciated in decisions of the Supreme Court of the United
States Supreme Court and the Maryland Court of Appeals Supreme
Court of Maryland. See Baltimore Sun Co. v. Colbert, 323 Md.
290 (1991).
. . .
172
MARYLAND RULES OF PROCEDURE
TITLE 16 – COURT ADMINISTRATION
CHAPTER 900 – ACCESS TO JUDICIAL RECORDS
DIVISION 2. LIMITATIONS ON ACCESS
AMEND Rule 16-913 by replacing “Judge of the Court of
Appeals” with “Justice of the Supreme Court” in section (f), as
follows:
Rule 16-913.
ACCESS TO ADMINISTRATIVE RECORDS
. . .
(f)
Procurement Records
Inspection of judicial records in the form of procurement
documents shall be governed exclusively by the Procurement
Policy of the Judiciary approved by the Chief Judge of the Court
of Appeals Justice of the Supreme Court and posted on the
Judiciary website.
This Rule applies whether the procurement is
funded by the federal, State, or local government.
. . .
173
MARYLAND RULES OF PROCEDURE
TITLE 16 – COURT ADMINISTRATION
CHAPTER 900 – ACCESS TO JUDICIAL RECORDS
DIVISION 2. LIMITATIONS ON ACCESS
AMEND Rule 16-917 by replacing “Judge of the Court of
Appeals” with “Justice of the Supreme Court” in sections (a) and
(d), as follows:
Rule 16-917.
(a)
CONVERSION OF PAPER RECORDS
Construction of Rule
This Rule is subject to and shall be construed
harmoniously with the other Rules in this Chapter, the Rules in
Title 20, other applicable law, and administrative orders of the
Chief Judge of the Court of Appeals Justice of the Supreme
Court.
. . .
(d)
Current Programs Providing Electronic Access to Databases
Any electronic access to a database of judicial records
that is provided by a court or other judicial agency and is in
effect on July 1, 2016 may continue in effect, subject to review
by the SCA for consistency with the Rules in this Chapter.
After review, the SCA may recommend to the Chief Judge of the
Court of Appeals Justice of the Supreme Court any changes that
174
the SCA concludes are necessary to make the electronic access
consistent with the Rules in this Chapter.
Source:
This Rule is derived from former Rule 16-909 (2019).
175
MARYLAND RULES OF PROCEDURE
TITLE 16 – COURT ADMINISTRATION
CHAPTER 900 – ACCESS TO JUDICIAL RECORDS
DIVISION 2. LIMITATIONS ON ACCESS
AMEND Rule 16-918 by replacing “Court of Appeals or Court
of Special Appeals” with “Supreme Court or the Appellate Court”
in subsection (b)(2)(B)(ii) and by replacing “Judge of the Court
of Appeals” with “Justice of the Supreme Court” in section (c),
as follows:
Rule 16-918.
ACCESS TO ELECTRONIC RECORDS
. . .
(b)
Denial of Access
. . .
(2) Certain Identifying Information
. . .
(B) Exceptions
(i) Unless shielded by a protective order, the name,
office address, office telephone number and office e-mail
address, if any, relating to law enforcement officers, other
public officials or employees acting in their official capacity,
and expert witnesses, may be remotely accessible.
176
(ii) Subsection (b)(2) of this Rule does not apply to
briefs, appendices, petitions for writ of certiorari, motions,
and oppositions filed in the Court of Appeals or Court of
Special Appeals Supreme Court or the Appellate Court.
. . .
(c)
Availability of Computer Terminals
Clerks shall make available at convenient places in the
courthouses computer terminals or kiosks that the public may use
to access judicial records and parts of judicial records that
are open to inspection, including judicial records as to which
remote access is otherwise prohibited.
To the extent authorized
by administrative order of the Chief Judge of the Court of
Appeals Justice of the Supreme Court, computer terminals or
kiosks may be made available at other facilities for that
purpose.
Cross reference:
Rule 20-109.
Committee note: Although use of a courthouse computer terminal
or kiosk is free of charge, the cost of obtaining a copy of the
records is governed by Rule 16-905.
Source:
This Rule is derived from former Rule 16-910 (2019).
177
MARYLAND RULES OF PROCEDURE
TITLE 16 – COURT ADMINISTRATION
CHAPTER 900 – ACCESS TO JUDICIAL RECORDS
DIVISION 4. RESOLUTION OF DISPUTES
AMEND Rule 16-931 by replacing “Court of Appeals” with
“Supreme Court” in the Committee note, as follows:
Rule 16-931.
EXCLUSIVE METHOD TO RESOLVE DISPUTES OVER ACCESS
Except as provided in Rule 16-919, the Rules in this Division
constitute the exclusive methods of resolving disputes regarding
access to judicial records.
The provisions of Code, General
Provisions Article, Title 4, Subtitles 1A and 1B and § 4-362 are
not applicable.
Committee note: As noted in Rule 16-902 (a), pursuant to its
Constitutional Rule-making authority, the Court of Appeals
Supreme Court has created a dispute resolution process that is
efficient and credible and relies on the administrative
expertise of judicial officials, with ultimate judicial review.
There is no need in that process for actions for monetary
damages, costs, and attorneys' fees against custodians.
Source:
This Rule is new.
178
MARYLAND RULES OF PROCEDURE
TITLE 16 – COURT ADMINISTRATION
CHAPTER 900 – ACCESS TO JUDICIAL RECORDS
DIVISION 4. RESOLUTION OF DISPUTES
AMEND Rule 16-932 by replacing “chief judge of an appellate
court or” with “Chief Justice of the Supreme Court, the Chief
Judge of the Appellate Court, and the chief judge of” in section
(a), as follows:
Rule 16-932.
(a)
ADMINISTRATIVE REVIEW
Definition
In this Rule, “administrative judge” includes the chief
judge of an appellate court or Chief Justice of the Supreme
Court, the Chief Judge of the Appellate Court, and the chief
judge of an orphans’ court.
. . .
179
MARYLAND RULES OF PROCEDURE
TITLE 16 – COURT ADMINISTRATION
CHAPTER 1000 – EME
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