STANDING COMMITTEE ON RULES OF PRACTICE AND PROCEDURE

Court rules

Ask Donna

What actually matters in this document.

Text

NOTICE OF PROPOSED RULES CHANGES

The Rules Committee has submitted its Two Hundred and

Eleventh Report to the Court of Appeals, recommending proposed

new Rules 11-420.1 and 15-902 and new Title 14, Chapter 600,

Division 2, containing new Rules 14-611, 14-612, 14-613, 14-614,

14-615, and 14-616; amendments to current Rules 1-102, 1-202, 2402, 2-652, 3-113, 3-306, 3-533, 3-534, 4-217, 7-102, 7-104, 8202, 9-105, 9-205, 9-205.3, 11-112, 11-204, 11-219, 11-220, 11404, 11-405, 11-406, 11-419, 11-422, 11-423, 11-424, 11-502, 14601, 14-602, 14-604, 14-606, 15-901, 16-702, 16-110, 19-303.8,

and 19-501; and rescission of current Rule 16-805.

The Committee’s Two Hundred and Eleventh Report and the

proposed Rules changes are set forth below.

Interested persons are asked to consider the Committee’s

Report and proposed Rules changes and to forward on or before

August 10, 2022 any written comments they may wish to make to:

Sandra F. Haines, Esquire

Reporter, Rules Committee

Judiciary A-POD

580 Taylor Avenue

Annapolis, Maryland 21401

Suzanne Johnson

Clerk

Court of Appeals of Maryland

THE COURT OF APPEALS OF MARYLAND

STANDING COMMITTEE ON RULES OF PRACTICE AND PROCEDURE

Hon. ALAN M. WILNER, Chair

SANDRA F. HAINES, Reporter

COLBY L. SCHMIDT, Deputy Reporter

HEATHER COBUN, Assistant Reporter

MEREDITH A. DRUMMOND, Assistant Reporter

Judiciary A-POD

580 Taylor Avenue

Annapolis, Maryland 21401

(410) 260-3630

FAX: (410) 260-3631

July 11, 2022

The Honorable Matthew J. Fader,

Chief Judge

The Honorable Shirley M. Watts

The Honorable Michele D. Hotten

The Honorable Brynja M. Booth

The Honorable Jonathan Biran

The Honorable Steven B. Gould

The Honorable Angela M. Eaves,

Judges

The Court of Appeals of Maryland

Robert C. Murphy Courts of Appeal Building

Annapolis, Maryland 21401

Your Honors:

The Rules Committee submits this, its Two Hundred and

Eleventh Report, and recommends that the Court adopt the new

Rules and amendments to existing Rules transmitted with this

Report. The proposed changes fall into thirteen categories,

some of which emanate, at least in part, from legislation

enacted at the 2022 Session of the General Assembly.

CATEGORY ONE: Rule 2-402

Rule 2-402 is the Rule on discovery in civil cases, which

mostly follows the comparable Federal Rule of Civil Procedure

26.

In 2010, the Federal Rule was amended to preclude from

discovery two categories of information: (1) information in

draft reports of experts and (2) communications between a

party’s attorney and an expert witness, except to the extent

that the communication (i) relates to compensation for the

expert’s study or testimony, (ii) identifies facts or data that

the attorney provided and the expert considered in forming the

opinion to be expressed, or (iii) identifies assumptions that

the party’s attorney provided and the expert relied on in

forming the opinions to be expressed.

(b)(4).

See Fed. R. Civ. P. 26

The Federal Rules Committee’s explanation for the change

was that routine discovery into attorney-expert communications

and draft reports had “undesirable effects.” Costs had risen as

“[a]ttorneys may employ two sets of experts – one for purposes

of consultation and another to testify at trial – because

disclosure of their collaborative interactions with expert

consultants would reveal their most sensitive and confidential

case analyses.” See Fed. R. Civ. P. 26 advisory committee’s

note to 2010 amendment.

The Rules Committee found merit in that concern and, with

some style changes, recommends adopting the Federal approach.

CATEGORY TWO: Rules 3-113 and 3-306

Rule 3-113 keeps a District Court summons effective if

served within 60 days. The Committee was informed that it is

becoming more difficult to serve those summonses on out-of-State

defendants within that period because of delays at the post

office and the refusal of some sheriffs to accept electronic

filings. The Committee recommends extending the life of the

summons to 60 days, which is the time period for serving Circuit

Court summonses.

Rule 3-306 governs judgments on affidavit in the District

Court, including claims by plaintiffs who were not the “original

creditor” but acquired a “consumer debt” from an original

creditor. Under Code, Courts Article, § 5-1203, creditors who

fall within the statutory definition of “debt buyer” must

produce certain evidence in order to obtain a judgment in a

consumer debt action. The Committee recently became aware that

the definition of “debt buyer” in Code, Courts Article, § 51201(i) is not harmonious with the definition of “original

creditor” in Rule 3-306. The Committee recommends amending the

Rule to reconcile the definitions.

CATEGORY THREE: Rules 3-533, 3-534, 7-102, and 7-104

The amendments to these Rules are an attempt to clarify the

impact of statutes that require certain appeals from District

Court judgments to be filed sooner than what is allowed by Rule.

Rules 3-533 and 3-534 require, respectively, that a motion

for new trial or to alter or amend a judgment be filed within

ten days after entry of the judgment. Those proceedings remain

in the District Court. Rule 7-104 requires that an appeal from

a District Court judgment be filed within 30 days after entry of

the judgment but, if a motion under Rule 3-533 or 3-534 was

filed, the 30-day period begins to run when the motion is

withdrawn or denied. See Rule 7-104 (c). Those Rules can be

read as permitting the appellant to seek post-judgment remedies

in both the District and Circuit Courts.

The problem arises from a slew of statutes in the Real

Property Article that require an appeal from a District Court

judgment to be filed within a much shorter time. See Code, Real

Property Article, §§ 8-332(a) (14 days), 8-401(h) (four days),

8-402(b)(2)(ii) (ten days), 4-402.1(b)(2) (ten days), 8A-1701(f)

(two days), 8A-1702 (b)(2) (ten days), 8A-1703(b) (ten days),

14-109(b) (ten days), 14-120(n) (ten days), and 14-132(h) (ten

days).

Whether or how those statutes and the Rules can be read

harmoniously reached the Court of Appeals in Lee v.

Winncompanies, Inc. (Case No. 24-C-20-001242AR (2020)), but the

Court denied the certiorari petition as improvidently granted

and referred the issue to the Rules Committee.

The Committee proposes to retain the general provisions in

Rules 3-533 (a) and 3-534 (a) that a motion for new trial or to

alter or amend the judgment may be filed within ten days, but,

in a new section (b) in both Rules, provide that, if a statute

provides an appeal time of less than ten days after entry of

judgment, such a motion, even if timely filed, does not toll the

time for appeal unless the motion was filed within the statutory

period for appeal. That gives the aggrieved party a choice of

pursing an early appeal, which may be difficult or near

impossible for unrepresented parties, or pursuing only what he

or she can get from a post-judgment motion in the District

Court.

Rule 7-104 (a) requires generally that a notice of appeal

be filed within 30 days after entry of a judgment, unless

otherwise provided by Rule or by law. Sections (b) and (c) deal

with the situation in which a post-trial motion for relief in

the District Court has been filed. Section (b) deals with the

situation in which a timely motion for new trial has been filed

in a criminal case pursuant to Rule 4-331 (a). In that event,

the notice of appeal must be filed within 30 days after the

later of (1) entry of the judgment or (2) entry of a notice

withdrawing the motion or an order denying the motion. Section

3-534 motion has been filed in a civil case. In that situation,

any appeal must be filed within 30 days after entry of a notice

withdrawing the motion or an order denying or otherwise

disposing of it.

In order to address the problem of different statutory

appeal periods, such as those in the Real Property Article, a

new subsection (c)(2) is proposed to deal specifically with the

case in which the time for filing an appeal is shorter than 30

days. Where the statutory period is between ten and 29 days,

and a timely motion has been filed pursuant to Rule 3-533 or 3534, the notice of appeal must be filed within the time allowed

by the statute after (1) a notice withdrawing the motion or (2)

an order denying or disposing of the motion. Where the

statutory period is less than ten days, the notice of appeal

must be filed within ten days after a notice withdrawing the

motion or an order denying a Rule 3-533 motion or disposing of a

Rule 3-534 motion. A Committee note explains that, to comport

with the legislative objective, the motions must be filed within

the statutory times allowed for an appeal in order to toll the

time for appeal.

The proposed amendment to Rule 7-102 is merely a cross

reference to two decisions of the Court of Appeals.

CATEGORY FOUR: Rule 9-205

Rule 9-205 governs the mediation of child custody and

visitation disputes. Subsection (b)(1) of the Rule requires the

court, promptly after an action subject to the Rule is at issue,

to determine whether mediation of the dispute is appropriate.

Subsection (b)(2) adds, however, that, if a party or the child

represents to the court in good faith that there is a genuine

issue of abuse, as defined in Code, Family Law Article, § 4-501

of the party or child and that, as a result, mediation would be

inappropriate, the court may not order mediation. “Abuse,” as

so defined in the Family Law Article, includes such things as

rape, sexual offense, assault in any degree, false imprisonment,

stalking, and any act that causes or puts the victim in fear of

imminent serious bodily harm, and conduct defined as abuse in §

5-701 of the Family Law Article.

In putting together the 209th Report, the Committee was

asked to consider, and did consider, whether there was other

harmful conduct, not falling within the scope of “abuse,” as so

defined, that also should make mediation inappropriate. The

conduct in question was referred to as “coercive control” of the

child or party, which was defined as “a pattern of emotional or

psychological manipulation, maltreatment, or intimidation to

compel an individual by force or threat of force to engage in

conduct from which the individual has a right to abstain or to

abstain from conduct in which the individual has a right to

engage.”

The addition of that language was supported by the House of

Ruth, but an objection was made by Child Justice, Inc., a legal

services organization, to the requirement that the intimidation

involve “force or threat of force,” which that organization

argued would be construed “to exclude some of the most damaging

types of coercive control.” They cited their experience that

survivors of coercive control would likely deny that coercive

control is present if force or threat of force was included in

the definition. In light of that concern, the Court remanded

the issue to the Committee for further consideration.

Upon the remand, the Committee, with the additional

assistance of the Family Mediation and Abuse Screening Workgroup

of the Domestic Law Committee, developed a new definition of

“coercive control” as “a pattern of emotional or psychological

manipulation, maltreatment, threat of force, or intimidation

used to compel an individual to act, or refrain from acting,

against the individual’s will.” “Threat of force” can be an

element in producing that result but is not a required one.

CATEGORY FIVE: Rules 15-901, 15-902, and 9-105

Rule 15-901 is the Rule governing petitions to change the

name of a person. A revision of the Rule was approved by the

Committee and transmitted to the Court in the Committee’s 209th

Report. At the open meeting on the Report, several issues

surfaced regarding that Rule, centering on privacy and security

concerns arising from the publicity given to petitions to change

the names of children. The Court remanded the Rule to the

Committee to deal with those issues, which the Committee has

attempted to do.

In the Rule as currently proposed, if the petition seeks to

change the name of a minor, it must explain why that is in the

child’s best interest and attach the consent of (1) the child,

if ten years old or older, and (2) each parent, guardian, or

custodian of the child, or explain its absence and allow the

person to file an objection within 30 days.

In a Committee

note, the Rule takes account of the concern that a petition on

behalf of a minor may contain confidential information, and, if

it does, allows the petitioner to request the court to seal or

otherwise limit access to that information. The court may rule

on the petition without a hearing if the written consents and no

objections have been filed. Otherwise, the court must hold a

hearing.

Rule 15-902 is new. It was recommended by the Judicial

Council Domestic Law Committee’s LGBTQ+ Family Law Work Group to

provide a procedure for individuals to exercise their equitable

right to declare their gender identity, which may be necessary

to alter the gender designation on their birth certificate or on

other documents. It sets forth the required venue, permits the

action on behalf of a minor to be brought by an adult, states

the requirements of a petition, and, if the individual is a

minor, provides for notice to non-consenting parents, guardians,

or custodians of the child and for those persons to object.

Rule 15-902 also includes provisions for a name change in

conjunction with the action for judicial declaration of gender

identity.

A conforming amendment is proposed to Rule 9-105.

CATEGORY SIX: Title 14, Chapter 600

The current Rules in Chapter 600 of Title 14 deal with the

foreclosure of local government tax liens by the local

governments. The proposed amendments implement a 2021 statute

(2021 Laws of Maryland, Ch. 382) that permits those liens to be

foreclosed as well by the State. See Code, Tax-Property

Article, §§ 14-883 through 14-891. That is implemented by

splitting the Chapter into two divisions – retaining, with some

conforming amendments, current Rules 14-601 through 14-606 as

Division One, and adding new Rules 14-611 through 14-616 as

Division Two.

CATEGORY SEVEN: Rules 2-652 and 19-303.8

The amendment to Rule 2-652 repeals an attorney’s common

law retaining lien on his or her client’s papers that are in the

possession of the attorney until the client’s debt for legal

services provided by the attorney have been paid. As explained

in the Reporter’s note to Rule 2-652, that old common law lien

appears to conflict with Rule 19-301.16 (d) which, under Art.

IV, § 18 of the Maryland Constitution has “the force of law” and

requires that, “upon termination of representation,” the

attorney is responsible for “surrendering papers and property to

which the client is entitled” and that Virginia and the District

of Columbia have eliminated or significantly limited an

attorney’s right to retain such papers, at least when they are

requested by the former client.

Rule 19-303.8 lists some special responsibilities of a

prosecutor. In a Comment to the current Rule, the point is made

that “[a] prosecutor has the responsibility of a minister of

justice and not simply that of an advocate.” Section (d) of the

Rule already implements that responsibility in part, by

requiring a prosecutor to “make timely disclosure to the defense

of all evidence or information known to the prosecutor that

tends to negate the guilt of the accused or mitigates the

offense, and, in addition, in connection with sentencing,

disclose to the defense and to the tribunal all unprivileged

mitigating information known to the prosecutor . . .”

In Attorney Grievance v. Cassilly, 476 Md. 309 (2021), the

Court noted that, in 2008, the comparable ABA Rule was amended

to add new sections (g) and (h) extending the prosecutor’s

disclosure obligation to situations in which the exculpatory

information comes to light after the defendant has been

convicted and that, although an opportunity had been presented

in 2016 for similar changes to be made to the Maryland Rule, no

such changes were made at that time. In footnote 21, the Court

declared it “prudent that a similar amendment of [Maryland] Rule

3.8 be considered by our Rules Committee . . .” 476 Md. at 384.

The Committee has complied with that request and recommends

that the ABA provisions be added as well to the Maryland Rule as

new sections (f) and (g), together with new Comments (6) (7),

and (8).

CATEGORY EIGHT: Rules 11-406, 11-422, 11-423, 11-424, 11-420.1,

and 11-502

The Rules in this Category implement 2022 Md. Laws,

Chapters 41 and 42 - the Juvenile Justice Reform Act - which

alter the jurisdiction of the Juvenile Court, the juvenile

intake procedure, the dispositional authority of the courts, and

the authority of those courts to place a child in detention and

on probation.

Rule 11-406 deals with detention, community detention, and

shelter care. Proposed amendments add new requirements for

placing and keeping a child in detention that are explained in

the Reporter’s note to the Rule. Rule 11-422 deals with

delinquency and citation proceedings. Amendments make some

stylistic changes and add cross-references to applicable

Statutes. Rule 11-423 also deals with delinquency and citation

proceedings. The proposed amendment would repeal section (b) of

the Rule, which requires a hearing for a child who has been held

in detention for more than 25 days, in light of the new

statutory requirement (and that of Rule 11-406 (f)) that

continued detention hearings be held every 14 days.

The amendments to Rule 11-424 are, in part, stylistic or

conforming ones. New section (d) is derived from Code, Courts

Article, § 3-8A-19.6.

New Rule 11-420.1 provides for implementation of the

process, created by Chapters 41 and 42, permitting the court to

stay proceedings and refer a matter to the Department of

Juvenile Services for informal adjustment.

Rule 11-502 governs Child in Need of Supervision

proceedings. The amendment to subsection (q)(1) permits the

court to refer the case to informal adjustment in lieu of

conducting an adjudicatory hearing.

CATEGORY NINE: Rules 11-404, 11-405, and 11-419

These Rules implement 2022 Md. Laws, Chapter 50, which

governs the taking of children into custody, the interrogation

of children, and the admissibility of statements made by

children during a custodial interrogation. The amendments to

Rules 11-404, 11-405, and 11-419 add references to Code, Courts

Article, § 3-8A-14.2, the new statute.

CATEGORY TEN: Rules 11-219 and 11-220

Rule 11-219 governs post-disposition review and

modification in a CINA proceeding. One amendment deletes a

statutory reference. Two others require the court to take

certain actions when, (1) at a review hearing, the court is

presented with a permanency plan that is another planned

permanent living arrangement, or (2) the review hearing pertains

to a child who has been placed in a qualified residential

treatment program.

The amendment to Rule 11-220, which governs termination of

CINA proceedings, updates a statutory reference.

CATEGORY ELEVEN: Rules 11-112 and 11-204

Rule 11-112 deals with the provision of papers in a foreign

language to participants who are not fluent in English. The

amendments to that Rule were requested by the Access to Justice

Department.

The amendment to Rule 11-204 clarifies that, if immediate

review of a magistrate’s order is desired, the request must be

made no later than the next day after entry of the order.

CATEGORY TWELVE: Rules 16-702, 16-110, and 19-501

Rule 16-702 reconstitutes the current Conference of Circuit

Court Judges. The revision of that Conference was requested by

the State Court Administrator. The new Conference will be known

as the Conference of Circuit Court Administrative Judges and

will consist of the County Administrative Judge of each Circuit

Court. The amendments to Rules 16-110 and 19-501 are conforming

ones.

CATEGORY THIRTEEN: Rules 1-102, 1-202, 4-217, 8-202, 9-205.3,

and 16-805

The amendments to Rules 1-102, 1-202, 4-217, 8-202, and 9205.3 and the rescission of Rule 16-805 are in the nature of

housekeeping amendments.

For the further guidance of the Court and the public,

following the proposed new Rules and the proposed amendments to

each of the existing Rules is a Reporter’s note describing in

further detail the reasons for the proposals. We caution that

the Reporter’s notes are not part of the Rules, have not been

debated or approved by the Committee, and are not to be regarded

as any kind of official comment or interpretation. They are

included solely to assist the Court in understanding some of the

reasons for the proposed changes.

Respectfully Submitted,

/ s /

Alan M. Wilner

Chair

AMW:sdm

cc: Suzanne C. Johnson, Clerk

RULE 2-402

MARYLAND RULES OF PROCEDURE

TITLE 2 – CIVIL PROCEDURE – CIRCUIT COURT

CHAPTER 400 – DISCOVERY

AMEND Rule 2-402 by adding new subsection (g)(1)(C)

concerning the protection of draft reports and disclosures of

expert witnesses, by adding new subsection (g)(1)(D) regarding

the protection of certain communications with an expert witness,

and by adding a Committee note after the new subsections, as

follows:

Rule 2-402. SCOPE OF DISCOVERY

Unless otherwise limited by order of the court in

accordance with these rules, the scope of discovery is as

follows:

(a)

Generally

A party may obtain discovery regarding any matter that is

not privileged, including the existence, description, nature,

custody, condition, and location of any documents,

electronically stored information, and tangible things and the

identity and location of persons having knowledge of any

discoverable matter, if the matter sought is relevant to the

subject matter involved in the action, whether it relates to the

claim or defense of the party seeking discovery or to the claim

RULE 2-402

or defense of any other party.

It is not ground for objection

that the information sought is already known to or otherwise

obtainable by the party seeking discovery or that the

information will be inadmissible at the trial if the information

sought appears reasonably calculated to lead to the discovery of

admissible evidence.

An interrogatory or deposition question

otherwise proper is not objectionable merely because the

response involves an opinion or contention that relates to fact

or the application of law to fact.

(b)

Limitations and Modifications; Electronically Stored

Information Not Reasonably Accessible

(1) Generally

In a particular case, the court, on motion or on its own

initiative and after consultation with the parties, by order may

limit or modify these rules on the length and number of

depositions, the number of interrogatories, the number of

requests for production of documents, and the number of requests

for admissions.

The court shall limit the frequency or extent

of use of the discovery methods otherwise permitted under these

rules if it determines that (A) the discovery sought is

unreasonably cumulative or duplicative or is obtainable from

some other source that is more convenient, less burdensome, or

less expensive; (B) the party seeking discovery has had ample

opportunity by discovery in the action to obtain the information

RULE 2-402

sought; or (C) the burden or cost of the proposed discovery

outweighs its likely benefit, taking into account the complexity

of the case, the amount in controversy, the parties' resources,

the importance of the issues at stake in the litigation, and the

importance of the proposed discovery in resolving the issues.

(2) Electronically Stored Information Not Reasonably

Accessible

A party may decline to provide discovery of

electronically stored information on the ground that the sources

are not reasonably accessible because of undue burden or cost.

A party who declines to provide discovery on this ground shall

identify the sources alleged to be not reasonably accessible and

state the reasons why production from each identified source

would cause undue burden or cost.

The statement of reasons

shall provide enough detail to enable the requesting party to

evaluate the burdens and costs of providing the discovery and

the likelihood of finding responsive information in the

identified sources.

On a motion to compel discovery, the party

from whom discovery is sought shall first establish that the

information is not reasonably accessible because of undue burden

or cost.

If that showing is made, the party requesting

discovery shall establish that its need for the discovery

outweighs the burden and cost of locating, retrieving, and

producing the information.

If persuaded that the need for

RULE 2-402

discovery does outweigh the burden and cost, the court may order

discovery and specify conditions, including an assessment of

costs.

Committee note: The term “electronically stored information”

has the same broad meaning in this Rule that it has in Rule 2422, encompassing, without exception, whatever is stored

electronically. Subsection (b)(2) addresses the difficulties

that may be associated with locating, retrieving, and providing

discovery of some electronically stored information.

Ordinarily, the reasonable costs of retrieving and reviewing

electronically stored information are borne by the responding

party. At times, however, the information sought is not

reasonably available to the responding party in the ordinary

course of business. For example, restoring deleted data,

disaster recovery tapes, residual data, or legacy systems may

involve extraordinary effort or resources to restore the data to

an accessible format. This subsection empowers the court, after

considering the factors listed in subsection (b)(1), to shift or

share costs if the demand is unduly burdensome because of the

nature of the effort involved to comply and the requesting party

has demonstrated substantial need or justification. See, The

Sedona Conference, The Sedona Principles: Best Practices

Recommendations and Principles for Addressing Electronic

Document Production, (2d ed. 2007), Principle 13 and related

Comment.

(c)

Insurance Agreement

A party may obtain discovery of the existence and

contents of any insurance agreement under which any person

carrying on an insurance business might be liable to satisfy

part or all of a judgment that might be entered in the action or

to indemnify or reimburse for payments made to satisfy the

judgment.

Information concerning the insurance agreement is not

by reason of disclosure admissible in evidence at trial.

For

RULE 2-402

purposes of this section, an application for insurance shall not

be treated as part of an insurance agreement.

(d)

Work Product

Subject to the provisions of sections (f) and (g) of this

Rule, a party may obtain discovery of documents, electronically

stored information, and tangible things prepared in anticipation

of litigation or for trial by or for another party or by or for

that other party's representative (including an attorney,

consultant, surety, indemnitor, insurer, or agent) only upon a

showing that the materials are discoverable under section (a) of

this Rule and that the party seeking discovery has substantial

need for the materials in the preparation of the case and is

unable without undue hardship to obtain the substantial

equivalent of the materials by other means.

In ordering

discovery of these materials when the required showing has been

made, the court shall protect against disclosure of the mental

impressions, conclusions, opinions, or legal theories of an

attorney or other representative of a party concerning the

litigation.

(e)

Claims of Privilege or Protection

(1) Information Withheld

A party who withholds information on the ground that it

is privileged or subject to protection shall describe the nature

of the documents, electronically stored information,

RULE 2-402

communications, or things not produced or disclosed in a manner

that, without revealing the privileged or protected information,

will enable other parties to assess the applicability of the

privilege or protection.

(2) Duty of Recipient

A party who receives a document, electronically stored

information, or other property that the party knows or

reasonably should know was inadvertently sent shall promptly

notify the sender.

(3) Information Produced

Within a reasonable time after information is produced

in discovery that is subject to a claim of privilege or of

protection, the party who produced the information shall notify

each party who received the information of the claim and the

basis for it.

A party who wishes to determine the validity of a

claim of privilege or protection that is not controlled by a

court order or a disclosure agreement entered into pursuant to

subsection (e)(5) of this Rule shall promptly file a motion

under seal requesting that the court determine the validity of

the claim.

A party in possession of information that is the

subject of the motion shall appropriately preserve the

information pending a ruling.

A receiving party may not use or

disclose the information until the claim is resolved and shall

RULE 2-402

take reasonable steps to retrieve any information the receiving

party disclosed before being notified.

Cross reference: Rule 19-304.4 (b) of the Maryland Attorneys'

Rules of Professional Conduct.

Committee note: Subsection (e)(3) allows a producing party to

assert a claim of privilege or protection after production

because it is increasingly costly and time-consuming to review

all electronically stored information in advance. Unlike the

corresponding federal rule, a party must raise a claim of

privilege or protection within a “reasonable time.” See Elkton

Care Center Associates v. Quality Care Management, Inc., 145 Md.

App. 532 (2002).

(4) Effect of Inadvertent Disclosure

A disclosure of a communication or information covered

by a privilege or protection does not operate as a waiver if the

holder of the privilege or work product protection (A) made the

disclosure inadvertently, (B) took reasonable precautions to

prevent disclosure, and (C) took reasonably prompt measures to

rectify the error once the holder knew or should have known of

the disclosure.

Committee note: Courts in other jurisdictions are in conflict

over whether an inadvertent disclosure of privileged or

protected information constitutes a waiver. A few courts find

that a disclosure must be intentional to be a waiver. Most

courts find a waiver only if the disclosing party acted

carelessly in disclosing the communication or information and

failed to request its return in a timely manner. A few other

courts hold that any mistaken disclosure of protected

information constitutes waiver without regard to the protections

taken to avoid such a disclosure. See generally Hopson v. City

of Baltimore, 232 F.R.D. 228 (D. Md. 2005) for a discussion of

this case law.

This subsection opts for the middle ground: inadvertent

disclosure of privileged or protected information in connection

RULE 2-402

with a state or federal proceeding constitutes a waiver only if

the party did not take reasonable precautions to prevent

disclosure and did not make reasonable and prompt efforts to

rectify the error. This position is in accord with Maryland

common law, see, e.g., Elkton Care Center Associates v. Quality

Care Management, Inc., 145 Md. App. 532 (2002), and the majority

view on whether inadvertent disclosure is a waiver. See, e.g.,

Zapata v. IBP, Inc., 175 F.R.D. 574, 576-77 (D. Kan. 1997) (work

product); Hydraflow, Inc. v. Enidine, Inc., 145 F.R.D. 626, 637

(W.D.N.Y. 1993) (attorney-client privilege); Edwards v.

Whitaker, 868 F.Supp. 226, 229 (M.D. Tenn. 1994) (attorneyclient privilege).

(5) Controlling Effect of Court Orders and Agreements

Unless incorporated into a court order, an agreement as

to the effect of disclosure of a communication or information

covered by a privilege or protection is binding on the parties

to the agreement but not on other persons.

If the agreement is

incorporated into a court order, the order governs all persons

or entities, whether or not they are or were parties.

Committee note: Parties may agree to certain protocols to

minimize the risk of waiver of a claim of privilege or

protection. One example is a “clawback” agreement, meaning an

agreement that production will occur without a waiver of

privilege or protection as long as the producing party promptly

identifies the privileged or protected documents that have been

produced. See The Sedona Conference, The Sedona Principles:

Best Practices Recommendations and Principles for Addressing

Electronic Document Production, (2d ed. 2007), Comment 10.a.

Another example is a “quick peek” agreement, meaning that the

responding party provides certain requested materials for

initial examination without waiving any privilege or protection.

The requesting party then designates the documents it wishes to

have actually produced, and the producing party may assert any

privilege or protection. Id., Comment 10.d.

Subsection (e)(5) codifies the well-established proposition that

parties can enter into an agreement to limit the effect of

waiver by disclosure between or among them. See, e.g., Dowd v.

Calabrese, 101 F.R.D. 427, 439 (D.D.C. 1984) (no waiver where

RULE 2-402

the parties stipulated in advance that certain testimony at a

deposition “would not be deemed to constitute a waiver of the

attorney-client or work product privileges”); Zubulake v. UBS

Warburg LLC, 216 F.R.D. 280, 290 (S.D.N.Y. 2003) (noting that

parties may enter into “so-called ‘claw-back’ agreements that

allow the parties to forego privilege review altogether in favor

of an agreement to return inadvertently produced privileged

documents”). Of course, such an agreement can bind only the

parties to the agreement. The subsection makes clear that if

parties want protection from a finding of waiver by disclosure

in separate litigation, the agreement must be made part of a

court order. Confidentiality orders are important in limiting

the costs of privilege review and retention, especially in cases

involving electronic discovery. The utility of a

confidentiality order is substantially diminished if it provides

no protection outside the particular litigation in which the

order is entered. Parties are unlikely to be able to reduce the

costs of preproduction review for privilege or protection if the

consequence of disclosure is that the information can be used by

nonparties to the litigation.

Subsection (e)(5) provides that an agreement of the parties

governing confidentiality of disclosures is enforceable against

nonparties only if it is incorporated in a court order, but

there can be no assurance that this enforceability will be

recognized by courts other than those of this State. There is

some dispute as to whether a confidentiality order entered in

one case can bind nonparties from asserting waiver by disclosure

in separate litigation. See generally Hopson v. City of

Baltimore, 232 F.R.D. 228 (D. Md. 2005), for a discussion of

this case law.

(f)

Trial Preparation - Party's or Witness' Own Statement

A party may obtain a statement concerning the action or

its subject matter previously made by that party without the

showing required under section (d) of this Rule.

A person who

is not a party may obtain, or may authorize in writing a party

to obtain, a statement concerning the action or its subject

matter previously made by that person without the showing

required under section (d) of this Rule.

For purposes of this

RULE 2-402

section, a statement previously made is (1) a written statement

signed or otherwise adopted or approved by the person making it,

or (2) a stenographic, mechanical, electrical, or other

recording, or a transcription thereof, that is a substantially

verbatim recital of an oral statement by the person making it

and contemporaneously recorded.

(g)

Trial Preparation - Experts

(1) Expected to be Called at Trial

(A) Generally

Subject to subsection (g)(1)(C) of this Rule, a party

by interrogatories may require any other party to identify each

person, other than a party, whom the other party expects to call

as an expert witness at trial; to state the subject matter on

which the expert is expected to testify; to state the substance

of the findings and the opinions to which the expert is expected

to testify and a summary of the grounds for each opinion; and to

produce any written report made by the expert concerning those

findings and opinions.

A party also may take the deposition of

the expert.

Committee note: This subsection requires a party to disclose

the name and address of any witness who may give an expert

opinion at trial, whether or not that person was retained in

anticipation of litigation or for trial. Cf. Dorsey v. Nold,

362 Md. 241 (2001). See Rule 104.10 of the Rules of the U.S.

District Court for the District of Maryland. The subsection

does not require, however, that a party name himself or herself

as an expert. See Turgut v. Levin, 79 Md. App. 279 (1989).

RULE 2-402

(B) Additional Disclosure with Respect to Experts Retained

in Anticipation of Litigation or for Trial

In addition to the discovery permitted under

subsection (g)(1)(A) of this Rule, a party by interrogatories

may require the other party to summarize the qualifications of a

person expected to be called as an expert witness at trial and

whose findings and opinions were acquired or obtained in

anticipation of litigation or for trial, to produce any

available list of publications written by that expert, and to

state the terms of the expert's compensation.

A party is not entitled to the discovery of drafts of

any report or disclosure required under subsection (g)(1)(A) of

this Rule regardless of the form in which the draft is recorded.

(D) Protection for Communications Between a Party’s

Attorney and Expert Witnesses

A party is not entitled to the discovery of

communications between another party’s attorney and an expert

witness, regardless of the form of the communication, except to

the extent that the communication (i) relates to compensation

for the expert’s study or testimony, (ii) identifies facts or

data that the attorney provided and the expert considered in

forming the opinion to be expressed, or (iii) identifies

RULE 2-402

assumptions that the party’s attorney provided and the expert

relied on in forming the opinions to be expressed.

Committee note: Subsections (g)(1)(C) and (g)(1)(D) are derived

from Fed. R. Civ. P. 26 (b)(4). See the Advisory Committee

notes for the 2010 amendment attached to the federal provisions

for discussion of how these provisions are intended to operate.

(2) Not Expected to Be Called at Trial

When an expert has been retained by a party in

anticipation of litigation or preparation for trial but is not

expected to be called as a witness at trial, discovery of the

identity, findings, and opinions of the expert may be obtained

only if a showing of the kind required by section (d) of this

Rule is made.

(3) Fees and Expenses of Deposition

Unless the court orders otherwise on the ground of

manifest injustice, the party seeking discovery: (A) shall pay

each expert a reasonable fee, at a rate not exceeding the rate

charged by the expert for time spent preparing for a deposition,

for the time spent in attending a deposition and for the time

and expenses reasonably incurred in travel to and from the

deposition; and (B) when obtaining discovery under subsection

(g)(2) of this Rule, shall pay each expert a reasonable fee for

preparing for the deposition.

Source: This Rule is derived as follows:

Section (a) is derived from former Rule 400 c and the 1980

version of Fed. R. Civ. P. 33 (b).

RULE 2-402

Section (b) is new and is derived from the 2000 version of Fed.

R. Civ. P. 26 (b)(2), except that subsection (b)(2) is derived

from the 2006 Fed. R. Civ. P. 26 (b)(2)(B).

Section (c) is new and is in part derived from the 1980 version

of Fed. R. Civ. P. 26 (b)(2).

Section (d) is derived from former Rule 400 d.

Section (e) is new and is derived from the 2006 version of Fed.

R. Civ. P. 26 (b)(5).

Section (f) is derived from former Rule 400 e.

Subsections (g)(1)(A) and (B) is are derived in part from the

1980 version of Fed. R. Civ. P. 26 (b)(4) and former Rule 400 f

and is in part new. Subsections (g)(1)(C) and (D) are derived

from the 2010 version of Fed. R. Civ. P. 26 (b)(4).

Subsection (g)(2) is derived from the 1980 version of Fed. R.

Civ. P. 26 (b)(4) and former Rule U12 b.

Subsection (g)(3) is derived in part from the 1980 version of

Fed. R. Civ. P. 26 (b)(4) and is in part new.

REPORTER’S NOTE

Rule 2-402 addresses the scope of discovery for civil cases

in a circuit court, including the ability to discover documents

pertaining to experts. In the Federal Rules of Civil Procedure,

Rule 26 addresses certain aspects of civil discovery, including

disclosures relating to experts. In 2010, Rule 26 (b)(4)(B) was

amended to provide that draft reports of experts are considered

work-product and are therefore protected from disclosure. Rule

26 (b)(4)(C) was also added to provide work-product protection

to communications between attorneys and experts, with certain

exceptions. Proposed changes to Maryland Rule 2-402 mirror the

2010 amendments to Federal Rule of Civil Procedure 26.

Subsection (g)(1) of Rule 2-402 addresses the extent of

discovery related to experts retained for trial. Proposed new

subsection (g)(1)(C) provides that a party may not discover

drafts of any reports or disclosures required by subsection

(g)(1)(A).

Proposed new subsection (g)(1)(D) prohibits discovery of

communications between attorneys and experts, with some

exceptions. The subsection clarifies that some communications

are discoverable, including those relating to compensation,

facts and data provided to and considered by the expert, and

assumptions provided to and relied on by the expert. Protecting

RULE 2-402

certain attorney communications with an expert witness

encourages open communication and concentrates discovery on the

communications that contributed to the expert’s opinion.

A Committee note after the new subsections states that the

subsections are derived from Fed. R. Civ. P. 26 and refers to

the guidance provided in the relevant federal Advisory Committee

notes. The language of the proposed Committee note is modeled

after the first paragraph of the Committee note at the end of

Rule 5-902.

RULE 3-113

MARYLAND RULES OF PROCEDURE

TITLE 3 – CIVIL PROCEDURE – DISTRICT COURT

CHAPTER 100 – COMMENCEMENT OF ACTION AND PROCESS

AMEND Rule 3-113 by changing the time a summons is

effective for service after the date of issuance, as follows:

Rule 3-113. PROCESS – DURATION, DORMANCY, AND RENEWAL OF SUMMONS

A summons is effective for service only if served within 30 60

days after the date it is issued.

A summons not served within

that time shall be dormant, renewable only on written request of

the plaintiff.

Committee note: See Neel v. Webb Fly Screen Mfg. Co., 187 Md.

34, 48 A.2d 331 (1946).

Source:

This Rule is new and replaces former M.D.R. 103 d 2.

REPORTER’S NOTE

Rule 3-113 addresses the duration, dormancy, and renewal of

a summons issued in the District Court. The Rules Committee was

informed that it is becoming more difficult to complete timely

service on out-of-state defendants. Problems include delays at

the post office and refusals by sheriffs to accept electronic

filings. A practicing attorney notified the Committee that his

firm has seen growing difficulties obtaining service on

defendants, especially out-of-state defendants, within the 30day period.

To address the concerns, proposed amendments to Rule 3-113

alter the time within which to effectuate service from 30 days

to 60 days after the summons is issued. This change mirrors the

time permitted to effectuate service in the circuit courts.

RULE 3-113

Instead of requiring a different service period based on whether

the defendant is in Maryland or out-of-state, the Rules

Committee recommends changing the general timeframe for any

summons issued pursuant to Rule 3-113. The Committee was

advised that this change may impact case time standards and will

alter some current scheduling practices, but fewer requests to

renew a summons may offset the initial delays.

RULE 3-306

MARYLAND RULES OF PROCEDURE

TITLE 3 – CIVIL PROCEDURE – DISTRICT COURT

CHAPTER 300 – PLEADINGS AND MOTIONS

AMEND Rule 3-306 by revising the definition of “original

creditor” in subsection (a)(5), as follows:

Rule 3-306. JUDGMENT ON AFFIDAVIT

(a)

Definitions

In this Rule the following definitions apply except as

expressly otherwise provided or as necessary implication

requires:

(1) Charge-Off

“Charge-off” means the act of a creditor that treats an

account receivable or other debt as a loss or expense because

payment is unlikely.

(2) Charge-Off Balance

“Charge-off balance” means the amount due on the account

or debt at the time of charge-off.

(3) Consumer Debt

“Consumer debt” means a secured or unsecured debt that

is for money owed or alleged to be owed and arises from a

consumer transaction.

(4) Consumer Transaction

RULE 3-306

“Consumer transaction” means a transaction involving an

individual seeking or acquiring real or personal property,

services, future services, money, or credit for personal,

family, or household purposes.

(5) Original Creditor

“Original creditor” means the lender, provider, or other

person to whom a consumer originally was alleged to owe money

pursuant to a consumer transaction.

“Original creditor”

includes a creditor excluded from the definition of “debt buyer”

in Code, Courts Article, § 5-1201(i)(2) and the Central

Collection Unit, a unit within the State Department of Budget

and Management.

(6) Original Consumer Debt

“Original consumer debt” means the total of the consumer

debt alleged to be owed to the original creditor, consisting of

principal, interest, fees, and any other charges.

Committee note: If there has been a charge-off, the amount of

the “original consumer debt” is the same as the “charge-off

balance.”

(7) Principal

“Principal” means the unpaid balance of the funds

borrowed, the credit utilized, the sales price of goods or

services obtained, or the capital sum of any other debt or

obligation arising from a consumer transaction, alleged to be

owed to the original creditor.

It does not include interest,

RULE 3-306

fees, or charges added to the debt or obligation by the original

creditor or any subsequent assignees of the consumer debt.

(8) Future Services

“Future services” means one or more services that will

be delivered at a future time.

(9) Future Services Contract

“Future services contract” means an agreement that

obligates a consumer to purchase a future service from a

provider.

(10) Provider

“Provider” means any person who sells a service or

future service to a consumer.

(b)

Demand for Judgment by Affidavit

In an action for money damages a plaintiff may file a

demand for judgment on affidavit at the time of filing the

complaint commencing the action.

The complaint shall be

supported by an affidavit showing that the plaintiff is entitled

to judgment as a matter of law in the amount claimed.

(c)

Affidavit and Attachments - General Requirements

The affidavit shall:

(1) be made on personal knowledge;

(2) set forth such facts as would be admissible in evidence;

(3) show affirmatively that the affiant is competent to

testify to the matters stated in the affidavit; and

RULE 3-306

(4) include or be accompanied by:

(A) supporting documents or statements containing

sufficient detail as to liability and damages, including the

precise amount of the claim and any interest claimed;

(B) if interest is claimed, an interest worksheet

substantially in the form prescribed by the Chief Judge of the

District Court;

evidencing that the plaintiff is entitled to an award of

attorneys' fees and that the fees are reasonable; and

(D) if the claim is founded upon a note, security

agreement, or other instrument, the original or a photocopy of

the executed instrument, or a sworn or certified copy, unless

the absence thereof is explained in the affidavit.

(d)

If Claim Arises From Assigned Consumer Debt

If the claim arises from consumer debt and the plaintiff

is not the original creditor, the affidavit also shall include

or be accompanied by (i) the items listed in this section, and

(ii) an Assigned Consumer Debt Checklist, substantially in the

form prescribed by the Chief Judge of the District Court,

listing the items and information supplied in or with the

affidavit in conformance with this Rule.

Each document that

accompanies the affidavit shall be clearly numbered as an

exhibit and referenced by number in the Checklist.

RULE 3-306

(1) Proof of the Existence of the Debt or Account

Proof of the existence of the debt or account shall be

made by a certified or otherwise properly authenticated

photocopy or original of at least one of the following:

(A) a document signed by the defendant evidencing the debt

or the opening of the account;

(B) a bill or other record reflecting purchases, payments,

or other actual use of a credit card or account by the

defendant; or

original creditor establishing the existence of the account and

showing purchases, payments, or other actual use of a credit

card or account by the defendant.

(2) Proof of Terms and Conditions

(A) Except as provided in subsection (d)(2)(B) of this

Rule, if there was a document evidencing the terms and

conditions to which the consumer debt was subject, a certified

or otherwise properly authenticated photocopy or original of the

document actually applicable to the consumer debt at issue shall

accompany the affidavit.

(B) Subsection (d)(2)(A) of this Rule does not apply if

(i) the consumer debt is an unpaid balance due on a credit card;

(ii) the original creditor is or was a financial institution

subject to regulation by the Federal Financial Institutions

RULE 3-306

Examination Council or a constituent federal agency of that

Council; and (iii) the claim does not include a demand or

request for attorneys' fees or interest on the charge-off

balance in excess of the Maryland Constitutional rate of six

percent per annum.

Committee note: This Rule is procedural only, and subsection

(d)(2)(B)(iii) is not intended to address the substantive issue

of whether interest in any amount may be charged on a part of

the charge-off balance that, under applicable and enforceable

Maryland law, may be regarded as interest.

Cross reference: See Federal Financial Institutions Examination

Council Uniform Retail Credit Classification and Account

Management Policy, 65 Fed. Reg. 36903-36906 (June 12, 2000).

(3) Proof of Plaintiff's Ownership

The affidavit shall contain a statement that the

plaintiff owns the consumer debt.

It shall include or be

accompanied by:

(A) a chronological listing of the names of all prior

owners of the debt and the date of each transfer of ownership of

the debt, beginning with the name of the original creditor; and

(B) a certified or other properly authenticated copy of

the bill of sale or other document that transferred ownership of

the debt to each successive owner, including the plaintiff.

Committee note: If a bill of sale or other document transferred

debts in addition to the consumer debt upon which the action is

based, the documentation required by subsection (d)(3)(B) of

this Rule may be in the form of a redacted document that

provides the general terms of the bill of sale or other document

and the document's specific reference to the debt sued upon.

RULE 3-306

(4) Identification and Nature of Debt or Account

The affidavit shall include the following information:

(A) the name of the original creditor;

(B) the full name of the defendant as it appears on the

original account;

the defendant appearing on the original account, if known;

(D) the last four digits of the original account number;

and

(E) the nature of the consumer transaction, such as

utility, credit card, consumer loan, retail installment sales

agreement, service, or future services.

(5) Future Services Contract Information

If the claim is based on a future services contract, the

affidavit shall contain facts evidencing that the plaintiff

currently is entitled to an award of damages under that

contract.

(6) Account Charge-Off Information

If there has been a charge-off of the account, the

affidavit shall contain the following information:

(A) the date of the charge-off;

(B) the charge-off balance;

plaintiff in addition to the charge-off balance;

RULE 3-306

(D) an itemization of all post-charge-off payments

received and other credits to which the defendant is entitled;

and

(E) the date of the last payment on the consumer debt or

of the last transaction giving rise to the consumer debt.

(7) Information for Debts and Accounts Not Charged Off

If there has been no charge-off, the affidavit shall

contain:

(A) an itemization of all money claimed by the plaintiff,

(i) including principal, interest, finance charges, service

charges, late fees, and any other fees or charges added to the

principal by the original creditor and, if applicable, by

subsequent assignees of the consumer debt and (ii) accounting

for any reduction in the amount of the claim by virtue of any

payment made or other credit to which the defendant is entitled;

(B) a statement of the amount and date of the consumer

transaction giving rise to the consumer debt, or in instances of

multiple transactions, the amount and date of the last

transaction; and

on the consumer debt.

(8) Licensing Information

RULE 3-306

The affidavit shall include a list of all Maryland

collection agency licenses that the plaintiff currently holds

and provide the following information as to each:

(A) license number,

(B) name appearing on the license, and

Cross reference: See Code, Courts Article, § 5-1203(b)(2),

concerning the plaintiff's requirements if a judgment on

affidavit under section (d) of this Rule is denied.

(e)

Subsequent Proceedings

(1) When Notice of Intention to Defend Filed

If the defendant files a timely notice of intention to

defend pursuant to Rule 3-307, the plaintiff shall appear in

court on the trial date prepared for a trial on the merits.

the defendant fails to appear in court on the trial date, the

court may proceed as if the defendant failed to file a timely

notice of intention to defend.

(2) When No Notice of Intention to Defend Filed

(A) If the defendant fails to file a timely notice of

intention to defend, the plaintiff need not appear in court on

the trial date and the court may determine liability and damages

on the basis of the complaint, affidavit, and supporting

documents filed pursuant to this Rule.

If the defendant fails

to appear in court on the trial date and the court determines

that the pleading and documentary evidence are sufficient to

RULE 3-306

entitle the plaintiff to judgment, the court shall grant the

demand for judgment on affidavit.

(B) If the court determines that the pleading and

documentary evidence are insufficient to entitle the plaintiff

to judgment on affidavit, the court may deny the demand for

judgment on affidavit or may grant a continuance to permit the

plaintiff to supplement the documentary evidence filed with the

demand.

If the defendant appears in court at the time set for

trial and it is established to the court's satisfaction that the

defendant may have a meritorious defense, the court shall deny

the demand for judgment on affidavit.

If the demand for

judgment on affidavit is denied or the court grants a

continuance pursuant to this section, the clerk shall set a new

trial date and mail notice of the reassignment to the parties,

unless the plaintiff is in court and requests the court to

proceed with trial.

Cross reference:

(f)

Rule 3-509.

Reduction in Amount of Damages

Before entry of judgment, the plaintiff shall inform the

court of any reduction in the amount of the claim by virtue of

any payment or other credit.

(g)

Notice of Judgment on Affidavit

When a demand for judgment on affidavit is granted, the

clerk shall mail notice of the judgment promptly after its entry

RULE 3-306

to each party at the latest address stated in the pleadings.

The notice shall inform (1) the plaintiff of the right to obtain

a lien on real property pursuant to Rule 3-621, and (2) the

defendant of the right to file a motion to vacate the judgment

within 30 days after its entry pursuant to Rule 3-535 (a).

The

clerk shall ensure that the docket or file reflects compliance

with this section.

Source: This Rule is derived as follows:

Section (a) is new.

Section (b) is derived from former M.D.R. 610 a.

Section (c) is derived from former M.D.R. 610 a.

Section (d) is new.

Section (e) is derived from former M.D.R. 610 b, c, and d.

Section (f) is derived from former M.D.R. 610 e.

Section (g) is derived from former M.D.R. 610 d.

REPORTER’S NOTE

Rule 3-306 addresses affidavit judgments, including claims

based on assigned consumer debt. A plaintiff seeking an

affidavit judgment with a claim that arises from consumer debt

pursuant to section (d) of Rule 3-306 is not the original

creditor. Rule 3-306 (d) requires plaintiffs to submit certain

documentation when seeking an affidavit judgment. Code, Courts

Article, § 5-1201 et seq. also addresses consumer debt

collection actions. A plaintiff in § 5-1203 is a debt buyer or

collector acting on behalf of a debt buyer in a consumer debt

collection action. § 5-1203(b)(2) requires certain documentary

evidence before a court may enter judgment in favor of a debt

buyer. § 5-1201(i)(2) excludes several types of companies and

entities from the definition of “debt buyer.”

It was recently brought to the attention of the Rules

Committee that the definition of “original creditor” in Rule 3306 (a)(5) conflicts with the definition of “debt buyer” in

Code, Courts Article, § 5-1201. While all plaintiffs under

Code, Courts Article, § 5-1203(b)(2) qualify as plaintiffs under

RULE 3-306

Rule 3-306 (d), not all plaintiffs under the Rule qualify as

plaintiffs under the Code section.

For example, consider a plaintiff sales finance company

that provides financing for a vehicle. The plaintiff is not the

original creditor and, therefore, the requirements of Rule 3-306

(d) apply if an affidavit judgment is requested. However, the

plaintiff may be excluded from the definition of “debt buyer” in

Code, Courts Article, § 5-1201(i)(2), if certain requirements

are met, because it is “[a] sales finance company or any other

person that acquires consumer debt arising from a retail

installment sale agreement.” As a result, although the

documentary requirements of Rule 3-306 (d) apply to a request

for an affidavit judgment from the plaintiff, the documentary

requirements of Code, Courts Article, § 5-1203(b)(2) do not

apply if a judgment on affidavit is denied.

To address this inconsistency, the definition of “original

creditor” in Rule 3-306 is proposed to be amended to include

those entities excluded from the definition of “debt buyer” in

the Code. As a result, the requirements of Rule 3-306 (d) no

longer will apply to plaintiffs excluded from the definition of

“debt buyer.”

RULE 3-533

MARYLAND RULES OF PROCEDURE

TITLE 3 – CIVIL PROCEDURE – DISTRICT COURT

CHAPTER 500 – TRIAL

AMEND Rule 3-533 by adding new subsection (a)(2) pertaining

to the effect of a shortened appeal time by statute, by adding a

cross reference after section (a), and by making stylistic

changes, as follows:

Rule 3-533.

(a)

MOTION FOR NEW TRIAL

Time for Filing

(1) Generally

Subject to subsection (a)(2) of this Rule, any Any party

may file a motion for new trial within ten days after entry of

judgment.

A party whose judgment has been amended on a motion

to amend the judgment may file a motion for new trial within ten

days after entry of the amended judgment.

(2) Appeal Time of Less than Ten Days Provided by Statute

If a statute provides for an appeal time of less than

ten days after entry of judgment, a motion under this Rule, even

if timely filed, does not toll the time to appeal unless the

motion is filed within the statutory time period allowed for an

appeal.

Cross reference: For shorter appeal times provided by statute,

see Code, Real Property Article, §§ 8-401 and 8A-1701. See Rule

RULE 3-533

7-104 (c) concerning the time for filing a notice of appeal when

a motion has been filed under this Rule.

. . .

REPORTER’S NOTE

Proposed amendments to Rules 3-533 and 3-534 conform them

to amendments made to Rule 7-104 relating to the impact of

filing post-judgment motions in proceedings where a statute

requires an appeal to be noted less than ten days after entry of

judgment. See the Reporter’s note following Rule 7-104 for more

information.

The Rules Committee was informed that practitioners opposed

requiring a timely motion in these cases to be filed within the

shorter appeal time because parties may learn of the judgment

against them too late to appeal but do still want to file postjudgment motions. An order denying those motions is appealable

and subject to an abuse of discretion review.

Proposed new subsection (a)(2) is derived from the

Committee note following section (c) in Rule 7-104. It

clarifies that for a statutory appeal time of less than ten

days, a timely post-judgment motion does not toll the time to

appeal unless the motion is filed within the statutory time

allowed for an appeal.

RULE 3-534

MARYLAND RULES OF PROCEDURE

TITLE 3 – CIVIL PROCEDURE – DISTRICT COURT

CHAPTER 500 – TRIAL

AMEND Rule 3-534 by adding new section (b) pertaining to

the effect of a shortened appeal time by statute, by adding a

cross reference after section (b), and by making stylistic

changes, as follows:

Rule 3-534.

(a)

MOTION TO ALTER OR AMEND JUDGMENT

Generally

Subject to section (b) of this Rule, on On motion of any

party filed within ten days after entry of judgment, the court

may open the judgment to receive additional evidence, may amend

its findings or its statement of reasons for the decision, may

set forth additional findings or reasons, may enter new findings

or new reasons, may amend the judgment, or may enter a new

judgment.

A motion to alter or amend a judgment may be joined

with a motion for new trial.

(b)

Appeal Time of Less than Ten Days Provided by Statute

If a statute provides for an appeal time of less than ten

days after entry of judgment, a motion under this Rule, even if

timely filed, does not toll the time to appeal unless the motion

is filed within the statutory time period allowed for an appeal.

RULE 3-534

Cross reference: For shorter appeal times provided by statute,

see Code, Real Property Article, §§ 8-401 and 8A-1701. See Rule

7-104 (c) concerning the time for filing a notice of appeal when

a motion has been filed under this Rule.

Source: This Rule is derived from the 1983 version of Fed. R.

Civ. P. 52 (b) and the 1966 version of Fed. R. Civ. P. 59 (a).

REPORTER’S NOTE

Proposed amendments to Rules 3-533 and 3-534 conform them

to amendments made to Rule 7-104 relating to the impact of

filing post-judgment motions in proceedings where a statute

requires an appeal to be noted less than ten days after entry of

judgment. See the Reporter’s notes following Rules 7-104 and 3533 for more information.

RULE 7-102

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 7-102 by adding a cross reference after

subsection (b)(1), as follows:

Rule 7-102. MODES OF APPEAL

(a)

De Novo

Except as provided in section (b) of this Rule, an appeal

shall be tried de novo in all civil and criminal actions.

Cross reference: For examples of appeals to the circuit court

that are tried de novo, see Code, Courts Article, § 12-401(f),

concerning a criminal action in which sentence has been imposed

or suspended following a plea of guilty or nolo contendere and

an appeal in a municipal infraction or Code violation case;

Code, Courts Article, § 3-1506, concerning an appeal from the

grant or denial of a petition seeking a peace order; and Code,

Family Law Article, § 4-507, concerning an appeal from the grant

or denial of a petition seeking relief from abuse.

(b) On the Record

An appeal shall be heard on the record made in the

District Court in the following cases:

(1) a civil action in which the amount in controversy

exceeds $5,000 exclusive of interest, costs, and attorney's fees

if attorney's fees are recoverable by law or contract;

Cross reference: For computation of the amount in controversy

in an action involving a claim for possession or repossession of

RULE 7-102

property, see Velicky v. The Copycat Building LLC, 476 Md. 435

(2021) and Purvis v. Forest Street Apartments, 286 Md. 398

(1979).

(2) any matter arising under § 4-401(7)(ii) of the Courts

Article;

(3) any civil or criminal action in which the parties so

agree;

(4) an appeal from an order or judgment of direct criminal

contempt if the sentence imposed by the District Court was less

than 90 days' imprisonment; and

(5) an appeal by the State from a judgment quashing or

dismissing a charging document or granting a motion to dismiss

in a criminal case.

Source: This Rule is new but is derived in part from Code,

Courts Article, § 12-401(b), (c), and (f).

REPORTER’S NOTE

On November 29, 2021, Velicky v. The Copycat Building LLC,

476 Md. 435 (2021) was filed. In Velicky, the Court held that

the value of the right to repossession of property must be

considered when determining the mode of an appeal from the

District Court to a circuit court. Accordingly, a cross

reference to Velicky addressing the computation of the amount in

controversy in actions involving claims for possession or

repossession of property is added after Rule 7-102 (b)(1). The

proposed cross reference also cites Purvis v. Forest Street

Apartments, 286 Md. 398 (1979), which contains the analysis

relied upon by the Court in Velicky.

RULE 7-104

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 7-104 by adding to the cross reference following

section (a), by adding new subsection (c)(2) pertaining to the

time for filing an appeal under certain circumstances, by

expanding the Committee note following section (c) to clarify

the time for filing certain motions, and by making stylistic

changes, as follows:

Rule 7-104. NOTICE OF APPEAL – TIMES FOR FILING

(a)

Generally

Except as otherwise provided in this Rule or by law, the

notice of appeal shall be filed within 30 days after entry of

the judgment or order from which the appeal is taken.

Cross reference: For shorter appeal times provided by statute,

see Code, Real Property Article, §§ 8-332, 8-401, 8-402, 8402.1, 8A-1701, 8A-1702, 8A-1703, 14-109, and 14-120, and 14132.

(b)

Criminal Action – Motion for New Trial

In a criminal action, when a timely motion for a new

trial is filed pursuant to Rule 4-331 (a), the notice of appeal

shall be filed within 30 days after the later of (1) entry of

RULE 7-104

the judgment or (2) entry of a notice withdrawing the motion or

an order denying the motion.

(c)

Civil Action – Post Judgment Motions

(1) Generally

In Except as provided in subsection (c)(2) of this Rule,

in a civil action, when a timely motion is filed pursuant to

Rule 3-533 or Rule 3-534, the notice of appeal shall be filed

within 30 days after entry of (1)(A) a notice withdrawing the

motion or (2)(B) an order denying a motion pursuant to Rule 3533 or disposing of a motion pursuant to Rule 3-534.

A notice

of appeal filed before the withdrawal or disposition of either

of these motions does not deprive the District Court of

jurisdiction to dispose of the motion.

(2) Shorter Appeal Time Provided by Statute

(A) Between Ten and 29 Days

If a statute provides for an appeal time between ten

and 29 days, inclusive, and a timely motion is filed pursuant to

Rule 3-533 or Rule 3-534, the notice of appeal shall be filed

within the time stated in the statute for an appeal after (i) a

notice withdrawing the motion or (ii) an order denying a motion

pursuant to Rule 3-533 or disposing of a motion pursuant to Rule

3-534.

(B) Less than Ten Days

RULE 7-104

If a statute provides for an appeal time of less than

ten days and a motion pursuant to Rule 3-533 or Rule 3-534 is

filed within the time to appeal stated in the statute, the

notice of appeal shall be filed within ten days after (i) a

notice withdrawing the motion or (ii) an order denying a motion

pursuant to Rule 3-533 or disposing of a motion pursuant to Rule

3-534.

Committee note: In cases involving a statutory appeal time that

is shorter than the time to file a motion under Rule 3-533 or

Rule 3-534 (e.g., Code, Real Property Article, §§ 8-401 and 8A1701), such motions must be filed within the statutory appeal

time in order to toll the time to appeal pursuant to subsection

(c)(2)(B) of this Rule. A motion filed under Rule 3-533 or Rule

3-534 that is not filed within the statutory appeal time may

still be timely if filed within the time permitted by those

Rules, but it does not toll the time to appeal.

A motion filed pursuant to Rule 3-535, if filed within ten

days or, if applicable, in the time stated in subsection

(c)(2)(B) of this Rule after entry of judgment, will have the

same effect as a motion filed pursuant to Rule 3-534, for

purposes of this Rule. Unnamed Attorney v. Attorney Grievance

Commission, 303 Md. 473, 494 A.2d 940 (1985); Sieck v. Sieck, 66

Md.App. 37, 502 A.2d 528 (1986).

(d)

Appeals by Other Party – Within Ten Days

If one party files a timely notice of appeal, any other

party may file a notice of appeal within ten days after the date

on which the first notice of appeal was filed or within any

longer time otherwise allowed by this Rule.

(e)

Date of Entry

RULE 7-104

“Entry” as used in this Rule occurs on the day when the

District Court enters a record on the docket of the electronic

case management system used by that court.

Source: This Rule is in part derived from former Rule 1312 and

in part new.

REPORTER’S NOTE

Proposed amendments to Rule 7-104 address an issue raised

in a recent Court of Appeals case, Lee v. WinnCompanies LLC, 473

Md. 457 (dismissing cert. petition), regarding the appropriate

time to appeal a District Court summary ejectment decision where

timely post-trial motions have been filed pursuant to Rules 3533 and 3-534. The Court of Appeals referred the matter to the

Rules Committee for consideration.

Proposed amendments to the cross reference following

section (a) add an additional statute which requires an appeal

to be noted in less than the default time of 30 days.

Proposed amendments to section (c) create a new subsection

(c)(2). The new subsection announces an exception to the

general rule that, where motions pursuant to Rules 3-533 and 3534 are timely filed, the time to appeal a civil decision is

tolled until the motions are withdrawn or disposed of, at which

time the parties have 30 days to appeal.

Subsection (c)(2)(A) applies to cases if the time to

appeal, by statute, is at least ten days but less than 30 days.

In those matters, the time to appeal following the withdrawal or

disposition of motions is the time to appeal stated in the

statute.

Subsection (c)(2)(B) applies to cases if the time to

appeal, by statute, is less than ten days. In such cases, where

post-judgment motions are filed within the statutory appeal

period, the time to appeal is tolled. Once the motions are

ruled on, the parties have ten days to note an appeal.

Code, Real Property Article, § 8-401, the summary ejectment

law at issue in Lee, requires an appeal to be filed within four

RULE 7-104

days of the rendition of judgment. Similarly, a mobile home

park repossession judgment pursuant to Code, Real Property

Article, § 8A-1701 must be appealed within two days. The Rules

Committee was advised that it is impractical to apply these

statutory appeal times to the time to appeal following the

disposition of post-judgment motions. These cases are not

electronically filed and frequently involve unrepresented

parties. If a judge denies post-judgment motions in chambers

and the decision is mailed, the parties will not receive the

ruling in time to note an appeal. It was agreed that ten days

is a practical time to permit parties to receive notice of the

ruling while still expediting the appeal timeline.

Practitioners opposed restricting timely motions under

Rules 3-533 and 3-534 to the statutory appeal time if that time

is less than ten days because parties may learn of the judgment

against them too late to appeal but do still want to file postjudgment motions. An order denying those motions is appealable

and subject to an abuse of discretion review. The proposed new

language in the Committee note following section (c) emphasizes

that subsection (c)(2)(B) will only apply if post-judgment

motions are filed during the statutory time to appeal, but such

motions can still be filed timely and are ripe for consideration

even if the time to appeal the underlying judgment has passed.

The existing Committee note is amended to extend its concept to

circumstances outlined in subsection (c)(2)(B).

Rule 9-205

MARYLAND RULES OF PROCEDURE

TITLE 9 – FAMILY LAW ACTIONS

CHAPTER 200 – DIVORCE, ANNULMENT, ALIMONY, CHILD SUPPORT, AND

CHILD CUSTODY

AMEND Rule 9-205 by modifying the tagline of section (a),

by making stylistic changes to section (a), by adding new

subsection (a)(2)(A) defining “abuse,” by adding new subsection

(a)(2)(B) defining “coercive control,” and by deleting a

reference to Code, Family Law Article, § 4-501 and adding a

reference to coercive control in subsection (b)(2), as follows:

Rule 9-205.

(a)

MEDIATION OF CHILD CUSTODY AND VISITATION DISPUTES

Scope of Rule Applicability; Definitions

(1) This Rule applies to any action or proceeding under this

Chapter in which the custody of or visitation with a minor child

is an issue, including:

(1)(A) an initial action to determine custody or

visitation;

(2)(B) an action to modify an existing order or judgment

as to custody or visitation; and

(3)(C) a petition for contempt by reason of non-compliance

with an order or judgment governing custody or visitation.

(2) In this Rule, the following definitions apply:

Rule 9-205

(A) “Abuse” has the meaning stated in Code, Family Law

Article, § 4-501.

(B) “Coercive control” means a pattern of emotional or

psychological manipulation, maltreatment, threat of force, or

intimidation used to compel an individual to act, or refrain

from acting, against the individual’s will.

(b)

Duty of Court

(1) Promptly after an action subject to this Rule is at

issue, the court shall determine whether:

(A) mediation of the dispute as to custody or visitation

is appropriate and likely would be beneficial to the parties or

the child; and

(B) a mediator possessing the qualifications set forth in

section (c) of this Rule is available to mediate the dispute.

(2) If a party or a child represents to the court in good

faith that there is a genuine issue of abuse, as defined in

Code, Family Law Article, § 4-501, of the party or child or

coercive control of a party and that, as a result, mediation

would be inappropriate, the court may not order mediation.

(3) If the court concludes that mediation is appropriate and

likely to be beneficial to the parties or the child and that a

qualified mediator is available, it shall enter an order

requiring the parties to mediate the custody or visitation

dispute.

The order may stay some or all further proceedings in

Rule 9-205

the action pending the mediation on terms and conditions set

forth in the order.

Cross reference: With respect to subsection (b)(2) of this

Rule, see Rule 1-341 and Rules 19-303.1 and 19-303.3 of the

Maryland Attorneys' Rules of Professional Conduct.

. . .

REPORTER’S NOTE

Rule 9-205 addresses mediation for child custody and

visitation disputes. Pursuant to Rule 9-205 (b), the court may

not order mediation if a party or a child represents to the

court that there is a genuine issue of abuse and mediation would

be inappropriate. The Family Mediation and Abuse Screening

Workgroup of the Domestic Law Committee asked the Rules

Committee to consider whether language about coercive control

should be added to the Rule. The Workgroup raised concerns that

Rule 9-205 does not currently include non-physical controlling

behaviors in the definition of “abuse.” Proposed amendments to

Rule 9-205 address issues raised by the Workgroup.

Proposed amendments to Rule 9-205 were initially submitted

to the Court for consideration in the 209th Report of the Rules

Committee. At the open meeting on the 209th Report, the Court

discussed comments received concerning the proposed amendments,

including a letter from Child Justice, Inc. requesting revision

of the proposed definition of “coercive control.” The

definition proposed for the term in the 209th Report was “a

pattern of emotional or psychological manipulation,

maltreatment, or intimidation to compel an individual by force

or threat of force to engage in conduct from which the

individual has a right to abstain or to abstain from conduct in

which the individual has a right to engage.” The comments

requested that the qualifying phrase “by force or threat of

force” be removed because coercive control may not always

involve violence or threat of violence. Pursuant to the Rules

Order issued on February 9, 2022, Rule 9-205 was remanded to the

Committee for further study.

Rule 9-205

The tagline of section (a) is amended to reference both the

applicability and definitions of the Rule. Stylistic changes to

section (a) include re-lettering the subsections.

New subsection (a)(2) provides definitions that apply in

the Rule, including definitions of “abuse” and “coercive

control” in subsections (a)(2)(A) and (a)(2)(B), respectively.

The definition of “coercive control” proposed in the 209th

Report has been amended. The revised definition, suggested by

the House of Ruth and supported by the Family Mediation and

Abuse Screening Workgroup, more clearly distinguishes between

abuse and coercive control by removing the requirement that an

individual be compelled by force or threat of force for coercive

control. Threat of force, however, remains in the definition as

a behavior that may be used to compel an individual to act or

refrain from acting, against the individual’s will.

Proposed amendments to subsection (b)(2) delete a reference

to Code, Family Law Article, § 4-501, which is now included in

the definitions section of the Rule. A reference to coercive

control is added to subsection (b)(2), providing that the court

may not order mediation if a party or a child represents to the

court in good faith that there is a genuine issue of the

coercive control of a party, rendering mediation inappropriate.

RULE 15-901

MARYLAND RULES OF PROCEDURE

TITLE 15 – OTHER SPECIAL PROCEEDINGS

CHAPTER 900 – NAME - CHANGE OF NAME; JUDICIAL DECLARATION OF

GENDER IDENTITY

AMEND Rule 15-901 by changing the Chapter title; by

revising the applicability section of the Rule; by deleting

language pertaining to venue from section (b); by adding new

subsections (b)(1) and (b)(2) pertaining to venue for petitions

by an adult and on behalf of a minor, respectively; by adding

new subsection (c)(1)(B) pertaining to venue; by re-lettering

the subsequent subsections in subsection (c)(1); by altering

subsection (c)(1)(G) to address certain consents to the name

change of a minor; by adding a Committee note pertaining to

confidential information in petitions on behalf of minors; by

altering a cross reference following subsection (c)(1); by

clarifying and adding to the information required by subsection

(c)(1)(H); by adding new subsection (c)(2)(B) pertaining to

written consents to the name change of a minor; by moving

current section (e) to new section (d); by re-captioning section

(d) to pertain to notice to parents, guardians, and custodians

who do not consent to a petition on behalf of a minor; by adding

new subsection (d)(1) pertaining to notice generally; by adding

new subsection (d)(2) pertaining to notice in a language other

RULE 15-901

than English; by adding new subsection (d)(3) pertaining to

documents to be served; by deleting certain provisions in

current section (d) so that service must comply with Rule 2-121;

by deleting current subsection (e)(2) pertaining to publication;

by re-lettering current section (f) as section (e) pertaining to

an objection to a petition; by modifying section (e) pertaining

to failure by a parent, guardian, or custodian to object to a

petition on behalf of a minor; by adding a Committee note

following new section (e) regarding the right to object to a

petition by an adult; by re-lettering current section (g) as

section (f) pertaining to action by the court and hearings; by

creating new subsection (f)(1) with language from current

section (g) pertaining to court action on a petition by an

adult; by adding a Committee note following subsection (f)(1)

regarding the 30-day delay before the court may enter an order

on a petition for a name change for an adult; by adding new

subsection (f)(2) pertaining to court action and hearing

requirements for a petition on behalf of a minor; and by making

stylistic changes, as follows:

Rule 15-901.

(a)

ACTION FOR CHANGE OF NAME

Applicability

RULE 15-901

This Rule applies to actions for change of name other

than in connection with an adoption, or divorce, or declaration

of gender identity.

(b)

Venue

An action for change of name shall be brought in the

county where the person whose name is sought to be changed

resides.

(1) Change of Name of an Adult

An action for change of name of an adult shall be

brought in the county where the adult resides, carries on a

regular business, is employed, habitually engages in a vocation,

or was born.

(2) Change of Name of a Minor

An action for change of name of a minor shall be brought

by an adult petitioner on behalf of the minor in the county

where the minor resides or where a parent, guardian, or

custodian of the minor resides.

(c)

Petition

(1) Contents

The An action for change of name shall be commenced by

filing a petition captioned “In the Matter of ...” [stating the

name of the person individual whose name is sought to be

changed] “for change of name to ...” [stating the change of name

RULE 15-901

desired].

The petition shall be under oath and shall contain at

least the following information:

(A) the name, address, and date and place of birth of the

person individual whose name is sought to be changed;

(B) a statement as to why venue is appropriate;

(B)(C) whether the person individual whose name is sought

to be changed has ever been known by any other name and, if so,

the each name or names and the circumstances under which they

were the name was used;

(C)(D) the change of name desired;

(D)(E) all reasons for the requested change;

(E)(F) a certification that the petitioner is not

requesting the name change for any illegal or fraudulent

purpose;

(F)(G) if the person individual whose name is sought to be

changed is a minor, (i) a statement explaining why the

petitioner believes that the name change is in the best interest

of the minor; (ii) the names and addresses of that person's

parents the name and address of each parent and any guardian or

custodian of the minor; (iii) whether each of those persons

consents to the name change; (iv) whether the petitioner has

reason to believe that any parent, guardian, or custodian is

unfamiliar with the English language and, if so, the language

the petitioner reasonably believes the individual can

RULE 15-901

understand; (v) if the minor is at least ten years old, whether

the minor consents to the name change; and (vi) if the minor is

younger than ten years old, whether the minor objects to the

name change; and

Committee note: If a petition filed on behalf of a minor

contains confidential information pertaining to the minor, the

petitioner may request that the court seal or otherwise limit

inspection of a case record as provided in Rule 16-934.

(G)(H) whether the person individual whose name is sought

to be changed has ever registered or been required to register

as a sexual offender and, if so, the each full name(s) name,

(including suffixes) any suffix, under which the person

individual was registered and each state where the registration

requirement originated.

Cross reference: See Code, Criminal Procedure Article, § 11705, which requires a registered sexual offender whose name has

been changed by order of court to send written notice of the

change to the Department of Public Safety and Correctional

Services each law enforcement unit where the registrant resides

or habitually lives within seven three days after the order is

entered.

(2) Documents to Be Attached to Petition

The petitioner shall attach to the petition:

(A) a copy of a birth certificate or other documentary

evidence from which the court can find that the current name of

the person individual whose name is sought to be changed is as

alleged; and

RULE 15-901

(B) if the individual whose name is sought to be changed

is a minor, (i) the written consent of each parent, guardian,

and custodian of the minor or an explanation why the consent is

not attached, and (ii) the written consent of the minor, if the

minor is at least ten years old.

(d)

Service of Petition – When Required

If the person whose name is sought to be changed is a

minor, a copy of the petition, any attachments, and the notice

issued pursuant to section (e) of this Rule shall be served upon

that person's parents and any guardian or custodian in the

manner provided by Rule 2-121.

When proof is made by affidavit

that good faith efforts to serve a parent, guardian, or

custodian pursuant to Rule 2-121 (a) have not succeeded and that

Rule 2-121 (b) is inapplicable or that service pursuant to that

Rule is impracticable, the court may order that service may be

made by (1) the publication required by subsection (e)(2) of

this Rule and (2) or mailing a copy of the petition, any

attachments, and notice by first class mail to the last known

address of the parent, guardian, or custodian to be served.

(e)

Notice

(1) Issued by Clerk

(d)

Minors – Notice to Nonconsenting Parent, Guardian, or

Custodian

(1) Generally

RULE 15-901

Upon the filing of the a petition for change of name of

a minor, if the written consent of each parent, guardian, and

custodian of the minor was not filed pursuant to subsection

(c)(2)(B) of this Rule, the clerk shall sign and issue a notice

Notice in a form approved by the State Court Administrator that

(A) includes the caption of the action, (B) describes the

substance of the petition and the relief sought, and (C) states

the latest date by which an objection to the petition may be

filed that any objection to the name change shall be filed no

later than 30 days after service of the petition.

(2) Notice or Advisement in Language Other Than English

If the petition states that a nonconsenting parent,

guardian, or custodian may be unfamiliar with the English

language, the clerk also shall either issue the Notice in the

language indicated in the petition or, if the Notice is not

available in the indicated language, attach a Multilingual

Advisement Form approved by the State Court Administrator to the

Notice that was issued in English.

(3) Documents to Be Served

A copy of the following documents shall be served upon

each nonconsenting parent, guardian, or custodian in the manner

provided by Rule 2-121:

(A) the Notice,

(B) the petition,

RULE 15-901

(D) if the petition indicates that the individual to be

served is unfamiliar with the English language, either the

Notice in the indicated language or a Multilingual Advisement

Form attached to the Notice.

(2) Publication

Unless the court on motion of the petitioner orders

otherwise, the notice shall be published one time in a newspaper

of general circulation in the county in which the action was

pending at least fifteen days before the date specified in the

notice for filing an objection to the petition.

The petitioner

shall thereafter file a certificate of publication.

(f)(e)

Objection to Petition

Any person may file an objection to the petition.

The

objection shall be filed within the time specified in the notice

and shall be supported by an affidavit which that sets forth the

reasons for the objection.

The affidavit shall be made on

personal knowledge, shall set forth facts that would be

admissible in evidence, and shall show affirmatively that the

affiant is competent to testify to the matters stated in the

affidavit.

The objection and affidavit shall be served upon the

petitioner in accordance with Rule 1-321.

The petitioner may

file a response within 15 days after being served with the

objection and affidavit.

A parent, guardian, or custodian of a

RULE 15-901

minor who does not file an objection within 30 days after being

served in accordance with section (d) of this Rule shall be

deemed to have consented to the name change of the minor.

person desiring a hearing shall so request in the objection or

response under the heading “Request for Hearing.”

Committee note: Nothing in this Rule is intended to abrogate

the right of a person who learns of a requested name change to

object to the name change where there is personal knowledge of

an illegal or fraudulent purpose or harm to the rights of

others.

(g)(f)

Action by Court; Hearing

(1) Name Change of Adult

After the time for filing objections and responses has

expired, the The court may hold a hearing or may rule on the a

petition to change the name of an adult without a hearing and

shall enter an appropriate order, except that the court shall

not deny the petition without a hearing if one was requested by

the petitioner.

The court may not enter an order earlier than

30 days after the petition was filed.

Committee note: Although there is no publication or other

required notice of a requested name change of an adult, if a

person learns of a requested name change, the 30-day delay in

the entry of an order after the petition is filed affords a

period of time within which an objection could be filed.

(2) Name Change of Minor

The court may hold a hearing or may rule on a petition

to change the name of a minor without a hearing and enter an

appropriate order if (A) the written consent of the minor, if

RULE 15-901

required, has been filed, and (B) each parent, guardian, and

custodian (i) has filed a written consent pursuant to subsection

(c)(2)(B) of this Rule, or (ii) having been served pursuant to

section (d) of this Rule, did not timely file an objection.

all other cases in which a name change of a minor is requested,

the court shall hold a hearing and enter an appropriate order no

earlier than 30 days after all nonconsenting parents, guardians,

or custodians have been served in accordance with section (d) of

this Rule.

Source: This Rule is derived in part from former Rules BH70

through BH75 and is in part new.

REPORTER’S NOTE

Proposed changes to Rule 15-901 were transmitted to the

Court of Appeals by the 209th Report of the Rules Committee. At

the open meeting on that Report, a concern was raised about

potentially sensitive information relating to minors that might

be included in a petition on behalf of a minor. For example,

subsection (c)(1)(G) requires statements about the petitioner’s

belief that the name change is in the best interest of the minor

and the minor’s own support or opposition to the name change.

These statements could be pro forma but could contain details

that are more private. The Court remanded Rule 15-901 to the

Rules Committee to consider whether any of the information

pertaining to minors should be subject to shielding or

redaction. No current Rules would specifically shield any of

this information from public inspection.

To address the Court’s concern, a proposed Committee note

following subsection (c)(1)(G) has been drafted. The Committee

note informs a petitioner that there may be confidential

information in a petition on behalf of a minor and directs the

filer to Rule 16-934 (Case Records – Court Order Denying or

Permitting Inspection Not Otherwise Authorized by Rule) to

RULE 15-901

request that the court limit inspection of this information. By

permitting a request to limit inspection, the proposal gives the

petitioner flexibility to ask for the court to exercise its

authority without putting a redaction burden on the petitioner

when one may not be necessary.

Proposed amendments previously approved by the Rules

Committee conform the Rule to a recent statutory change and

address recommendations by the Maryland Judicial Council

Domestic Law Committee’s LGBTQ+ Family Law Work Group. The

title of the Chapter is amended to include actions for judicial

declaration of gender identity, which are addressed in proposed

new Rule 15-902.

Section (a), Applicability, is amended in light of proposed

new Rule 15-902.

Section (b) is amended to strike the current language

related to venue and add new subsections (b)(1) and (b)(2).

Subsection (b)(1) governs venue for a petition by an adult. It

is derived in part from Code, Courts Article, § 6-201. The

Rules Committee was advised that certain circumstances may exist

where an individual born in Maryland but now living in another

state or country may need to seek a name change in Maryland. In

response, the Committee recommends allowing an adult to file a

petition under Rule 15-901 in the county where the adult was

born. Subsection (b)(2) governs venue for a petition on behalf

of a minor. It is derived from Code, Courts Article, § 6-202

(5), which applies to certain family law actions related to a

child.

Section (c) is amended to add additional required

information in a petition. New subsection (c)(1)(B) requires a

statement regarding venue in light of the provision permitting a

petition to be filed in the county where the adult petitioner

was born. The remaining subsections in (c)(1) are re-lettered.

Subsection (c)(1)(G) requires a petition on behalf of a minor to

state why the petitioner believes the name change is in the

minor’s best interest and whether parents, guardians, and

custodians of the minor consent to the name change. Subsection

(c)(1)(G) also requires a statement if the petitioner has reason

to believe that a parent, guardian, or custodian may be

unfamiliar with the English language. This information is used

when the clerk generates the Notice in section (d). If the

minor is at least ten years old, the consent of the minor is

also required. If the minor is younger, the requirement is that

the minor does not object to the name change. This language is

RULE 15-901

derived from the adoption statutes, including Code, Family Law

Article, §§ 5-338, 5-3A-35, and 5-3B-20. The Committee note

following subsection (c)(1)(G) refers to a petition to limit

public inspection of potentially sensitive information

pertaining to a minor, as discussed above. The cross reference

following subsection (c)(1) is amended to conform with current

law. Subsection (c)(2) is amended to add subsection (c)(2)(B),

which requires the consents mentioned in subsection (c)(1)(G) to

be attached to the petition. Subsection (c)(1)(H) is amended to

require a petitioner who has ever registered as a sex offender

to include the state where that registration requirement

originated.

Section (d) is deleted. New section (d) applies only to

Notice to nonconsenting parents, guardians, and custodians of a

minor. New subsection (d)(1) generally requires the clerk to

issue a Notice to inform the parent, guardian, or custodian of

the filing of the action and the right to object. Subsection

(d)(2) provides for issuance of the Notice in a language other

than English, if it is available, when the petition indicates

that the recipient may be unfamiliar with English. If the

Notice is not available in the language indicated, the clerk

should attach an approved Multilingual Advisement Form. The

Access to Justice Department of the Administrative Office of the

Courts informed the Committee that it is working to develop a

standard advisement containing multiple languages informing the

recipient of translation and interpreter options. Subsection

(d)(3) lists the documents required to be served in the manner

provided in Rule 2-121.

Former subsection (e)(2), publication, is deleted. Code,

Courts Article, § 3-2201 requires the court to waive the

publication requirement on motion by the petitioner. The Work

Group informed the Committee that after consultation with the

Maryland State Police and a representative for various credit

reporting agencies, it was determined that publication is an

antiquated method of providing notice and is not used by those

entities to track name changes. An increasing number of states

have eliminated the publication requirement without any

substitute notice method, including New York (by statute) and

New Jersey (by court rule) in 2020. Other states that do not

require publication sometimes require specific notice to

interested persons, such as creditors and law enforcement, or

require additional documentation, such as a background check.

The Committee considered the necessity of public notice for an

adult name change and what, if any, standing another individual

may have to object. Currently, there will be a public record of

RULE 15-901

the name change through court records, although no notice will

be published if the petitioner requests publication waiver, as

is now permitted by law. Unless the file is shielded or sealed

due to safety concerns or other good cause, the name change

action can be located in court records, including Maryland

Judiciary Case Search.

Section (e), derived from former section (f), applicable to

the name change of an adult or a minor, states that any person

may file an objection to the petition. A Committee note

following the section states that a person with knowledge of any

fraud, illegal purpose, or harm to the rights of others may

object. A parent, guardian, or custodian of a minor who fails

to file an objection within 30 days of service is deemed to have

consented to the name change of the minor.

Section (f) governs action by the court on a petition. New

subsection (f)(1) pertains to the name change of an adult. It

permits the court to hold a hearing or rule without a hearing

and enter an appropriate order. The court may not deny a

petition without a hearing and may not enter an order earlier

than 30 days after the petition is filed. A Committee note

explains that the 30-day waiting period is to permit a person

who learns of the name change to object if there is cause.

New subsection (f)(2) applies to petitions on behalf of a

minor. After the notices issued pursuant to section (d) have

been served, the court may hold a hearing or rule without a

hearing and enter an appropriate order so long as the minor

consents to the name change, if required, and the required

consents have been filed or a nonconsenting parent, guardian, or

custodian has been served and has not timely objected. Where a

parent, guardian, or custodian objects, the court must hold a

hearing. The hearing cannot be held earlier than 30 days after

all nonconsenting parents, guardians, and custodians have been

served.

RULE 15-902

MARYLAND RULES OF PROCEDURE

TITLE 15 – OTHER SPECIAL PROCEEDINGS

CHAPTER 900 – NAME - CHANGE OF NAME; JUDICIAL DECLARATION OF

GENDER IDENTITY

ADD new Rule 15-902, as follows:

Rule 15-902.

(a)

ACTION FOR JUDICIAL DECLARATION OF GENDER IDENTITY

Applicability

This Rule applies to actions for judicial declaration of

gender identity, with or without a name change.

Committee note: Under certain circumstances, a judicial

declaration of gender identity may be necessary to change an

individual’s gender designation on a birth certificate or to

affirm the individual’s gender identity in legal,

administrative, and other contexts.

Cross reference: See Rule 16-914 (p) concerning inspection of a

case record in an action filed under this Rule. For a change of

name without a judicial declaration of gender identity, see Rule

15-901.

(b)

Venue

(1) Declaration of Gender Identity of an Adult

An action for judicial declaration of gender identity

shall be brought in the county where the adult resides, carries

on a regular business, is employed, habitually engages in a

vocation, or was born.

(2) Declaration of Gender Identity of a Minor

RULE 15-902

An action for judicial declaration of gender identity of

a minor shall be brought by an adult petitioner on behalf of the

minor in the county where the minor resides or where a parent,

guardian, or custodian of the minor resides, or where the minor

was born.

(c)

Petition

(1) Contents

An action for judicial declaration of gender identity

shall be commenced by filing a petition captioned “In the Matter

of ...” [stating the name of the individual for whom the

declaration is sought] “for judicial declaration of gender

identity as...” [stating the gender designation desired].

The

petition shall be under oath and shall contain the following

information:

(A) the name, address, and date and place of birth of the

individual for whom the relief requested is sought;

(B) a statement as to why venue is appropriate;

(D) all reasons for the relief requested;

(E) a certification that the petitioner is not requesting

the relief for any illegal or fraudulent purpose; and

(F) if the individual for whom the declaration is sought

is a minor, (i) a statement explaining why the petitioner

believes that the relief requested is in the best interest of

RULE 15-902

the minor; (ii) the name and address of each parent and any

guardian or custodian of the minor; (iii) whether each of those

individuals consents to the relief requested; (iv) whether the

petitioner has reason to believe that any parent, guardian, or

custodian is unfamiliar with the English language and, if so,

the language the petitioner reasonably believes the individual

can understand; (v) if the minor is at least ten years old,

whether the minor consents to the relief requested; and (vi) if

the minor is younger than 10 years old, whether the minor

objects to the relief requested.

(2) Change of Name

If the petitioner also requests a name change, the

petition shall include the following information:

(A) whether the individual whose name is sought to be

changed has ever been known by any other name and, if so, each

name and the circumstances under which the name was used;

(B) the change of name desired; and

changed has ever registered or been required to register as a

sexual offender and, if so, each full name, including any

suffix, under which the individual was registered and each state

where the registration requirement originated.

Cross reference: See Code, Criminal Procedure Article, § 11705, which requires a registered sexual offender whose name has

been changed by order of court to send written notice of the

RULE 15-902

change to each law enforcement unit where the registrant resides

or habitually lives within three days after the order is

entered.

(3) Documents to Be Attached to the Petition

The petitioner shall attach to the petition:

(A) if the individual for whom relief is sought is a

minor, (i) the written consents of each parent, guardian, or

custodian of the minor or an explanation why the consent is not

attached, and (ii) the written consent of the minor, if the

minor is at least 10 years old;

(B) any documentation in support of the requested

declaration of gender identity; and

birth certificate or other documentary evidence from which the

court can find that the current name of the person whose name is

sought to be changed is as alleged.

(d)

Minors – Notice to Nonconsenting Parent, Guardian, or

Custodian

(1) Generally

Upon the filing of a petition under this Rule on behalf

of a minor, if the written consent of each parent, guardian, and

custodian of the minor was not filed pursuant to subsection

(c)(2)(B) of this Rule, the clerk shall sign and issue a Notice

in a form approved by the State Court Administrator that (A)

includes the caption of the action, (B) describes the substance

RULE 15-902

of the petition and the relief sought, and (C) states that any

objection to the relief requested shall be filed no later than

30 days after service of the petition.

(2) Notice or Advisement in Language Other Than English

If the petition states that a nonconsenting parent,

guardian, or custodian may be unfamiliar with the English

language, the clerk also shall either issue the Notice in the

language indicated in the petition or, if the Notice is not

available in the indicated language, attach a Multilingual

Advisement Form approved by the State Court Administrator to the

Notice that was issued in English.

(3) Documents to Be Served

A copy of the following documents shall be served upon

each nonconsenting parent, guardian, or custodian in the manner

provided by Rule 2-121:

(A) the Notice,

(B) the petition,

(D) if the petition indicates that the individual to be

served is unfamiliar with the English language, either the

Notice in the indicated language or a Multilingual Advisement

Form attached to the Notice.

(4) Objection to Petition

RULE 15-902

A parent, guardian, or custodian of a minor who does not

consent to the relief requested may file an objection no later

than 30 days after being served in accordance with subsection

(d)(1) of this Rule.

The objection shall be supported by an

affidavit that sets forth the reasons for the objection.

The

affidavit shall be made on personal knowledge, shall set forth

facts that would be admissible in evidence, and shall show

affirmatively that the affiant is competent to testify to the

matters stated in the affidavit.

The objection and affidavit

shall be served upon the petitioner in accordance with Rule 1321.

The petitioner may file a response within 15 days after

being served with the objection and affidavit.

A parent,

guardian, or custodian of a minor who does not file an objection

within 30 days after being served in accordance with subsection

(d)(1) of this Rule shall be deemed to have consented to the

relief requested.

(e)

Action by Court; Hearing

(1) Petition Seeking Declaration of Gender Identity of an

Adult

The court may hold a hearing on a petition seeking a

declaration of gender identity of an adult, or may grant the

relief requested without a hearing, and shall enter an

appropriate order, except that the court may not deny any of the

relief requested without a hearing.

RULE 15-902

(2) Petition Filed on Behalf of a Minor

The court may hold a hearing or may grant the relief

requested on a petition filed on behalf of a minor without a

hearing and enter an appropriate order if (A) the written

consent of the minor, if required, has been filed, and (B) each

parent, guardian, and custodian (i) has filed a written consent

pursuant to subsection (c)(3)(A) of this Rule, or (ii) having

been served pursuant to subsection (d)(1) of this Rule, did not

timely file an objection.

In all other cases, the court shall

hold a hearing no earlier than 30 days after all nonconsenting

parents, guardians, or custodians have been served in accordance

with subsection (d)(1) of this Rule and enter an appropriate

order.

To aid the court in evaluating the best interests of the

minor, the court may order further proceedings, which may

include a specific issue evaluation using the procedure set

forth in Rule 9-205.3.

The court may not deny any of the relief

requested without a hearing.

Committee note: Not all individuals identify as cisgender or

transgender or on a binary of male or female. See In re K.L.,

252 Md.App. 148 (2021), citing Grimm v. Gloucester County School

Board, 972 F. 3d 586 (4th Cir. 2020).

Cross reference: See In re K.L., 252 Md.App. 148 (2021); In re

Heilig, 372 Md. 692 (2003); Code, Health General Article, § 4211; and Code, Transportation Article, § 12-305.

Source:

This Rule is new.

RULE 15-902

REPORTER’S NOTE

Proposed new Rule 15-902 is recommended by the Maryland

Judicial Council Domestic Law Committee’s LGBTQ+ Family Law Work

Group. Maryland courts may, under their equitable power, issue

a declaration of gender identity for an individual. See In re

Heilig, 372 Md. 692 (2003); In re K.L., 252 Md.App. 148 (2021).

Petitions by transgender and gender nonconforming individuals

are currently filed and ruled on, but there is no standard

process and no Rule restricting access to court records relating

to the petitions.

Proposed new Rule 15-902 applies to actions seeking a

judicial declaration of gender identity, with or without a name

change. The Rules Committee recommends permitting a name change

in conjunction with a judicial declaration of gender identity to

allow a petitioner seeking both to file one action and pay one

filing fee. A Committee note following section (a) explains the

purposes of a judicial declaration of gender identity. A cross

reference to Rule 16-914 (p), pertaining to inspection of a case

record in an action under this Rule, and to Rule 15-901,

pertaining to a change of name without a judicial declaration of

gender identity, also follows section (a).

Section (b) governs venue. It is largely modeled after

Rule 15-901 (b), as that Rule is proposed to be amended. See

the Reporter’s note to Rule 15-901. The only provision that is

different from its counterpart in Rule 15-901 is subsection

(b)(2), which permits filing in the jurisdiction where a minor

was born. The Committee was informed that the provision is

proposed for cases involving minors living outside of Maryland

who cannot access a judicial declaration of gender identity in

their home states.

Section (c) is also largely modeled after the same section

in Rule 15-901, as amended. Subsection (c)(1) contains

provisions from Rule 15-901 that apply to both a name change and

a judicial declaration of gender identity, as well as a

statement about the gender identity declaration that is desired.

Subsection (c)(2) contains additional required information if

the petitioner is also seeking a change of name. Subsection

(c)(3)(A) is borrowed from Rule 15-901 regarding attachments to

a petition on behalf of a minor. Subsection (c)(3)(B) requires

the petitioner to attach “any other documentation in support of

the requested gender identity.” The LGBTQ+ Family Law Work

Group recommended against requiring any specific documentation

RULE 15-902

from a petitioner, but case law and administrative statutes

cited at the end of the Rule direct a petitioner to possible

documents that may be provided to assist the court. Subsection

(c)(3)(C) addresses the documents required to be attached when

the petitioner also requests a name change.

Section (d) is modeled after Rule 15-901 (d) and (e).

Subsection (d)(4) permits an objection only by a nonconsenting

parent, guardian, or custodian of a minor. Because actions

under Rule 15-902 are shielded from public view, and due to the

personal nature of the requested relief, only the parents,

guardians, and custodians of the minors will receive notice of

the action and have standing to object.

Section (e) is modeled after Rule 15-901 (f). Subsection

(e)(2), pertaining to a minor, adds a provision for the court to

order further proceedings, which may include a specific issue

evaluation, to aid in determining the best interests of a minor.

To address concerns that a parent may file a petition for

judicial declaration of gender identity on behalf of a minor who

is apathetic or unsure about gender identity, particularly for a

minor under the age of 10 who must only “not object,” a

provision was added permitting the court to order further

investigation to determine the minor’s feelings on the issue and

assist the court in determining if the declaration is in the

minor’s best interest.

Rule 9-105

MARYLAND RULES OF PROCEDURE

TITLE 9 – FAMILY LAW ACTIONS

CHAPTER 100 – ADOPTION; PRIVATE AGENCY GUARDIANSHIP

AMEND Rule 9-105 by deleting section (d) and by relettering sections (e) through (g) as (d) through (f), as

follows:

Rule 9-105.

NOTICE

SHOW CAUSE ORDER; DISABILITY OF A PARTY; OTHER

. . .

(d)

Notice of Name Change

If the person to be adopted is an adult and the

petitioner desires to change the name of the person to be

adopted to a surname other than that of the petitioner, notice

of a proposed change of name shall also be given in the manner

provided in Rule 15-901.

. . .

(e)(d)

Form of Show Cause Order

. . .

(f)(e)

Form of Notice of Objection

. . .

(g)(f)

Form of Notice for Service by Publication and Posting

. . .

Rule 9-105

Source: This Rule is in part derived from former Rule D74 and

is in part new.

REPORTER’S NOTE

The proposed deletion of section (d) in Rule 9-105 is a

conforming amendment necessitated by the proposed amendments to

Rule 15-901. Section (d) required a petitioner adopting an

adult who seeks a name change other than to the surname of the

petitioner to comply with the notice requirements of Rule 15901. The proposed amendments to Rule 15-901 delete the notice

and publication requirement for adult name change petitions.

MARYLAND RULES OF PROCEDURE

TITLE 14 – SALES OF PROPERTY

CHAPTER 600 – IN REM FORECLOSURE OF LOCAL GOVERNMENT TAX LIENS

TABLE OF CONTENTS

DIVISION 1 – FORECLOSURE BY COUNTY OR MUNICIPAL CORPORATION

RULE 14-601. APPLICABILITY

RULE 14-602. DEFINITIONS

(a)

(b)

(c)

(d)

Interested Party

Municipal Corporation

Real Property

Tax

RULE 14-603. VENUE [NO AMENDMENTS PROPOSED]

RULE 14-604. IN REM FORECLOSURE OF LOCAL GOVERNMENT TAX LIENS –

COMPLAINT

(a)

(b)

Contents

Exhibits to be Filed

RULE 14-605. PROCESS [NO AMENDMENTS PROPOSED]

RULE 14-606. HEARING

(a)

(b)

(c)

(d)

(e)

Timing

Right to Cure

Conduct of Hearing

Finding

Judgment

DIVISION 2 – FORECLOSURE BY STATE GOVERNMENT

RULE 14-611.

APPLICABILITY

RULE 14-612.

DEFINITIONS

(a)

(b)

Department

Dwelling

(c)

(d)

(e)

(f)

Interested Party

Ombudsman

Program

Tax

RULE 14-613.

VENUE

RULE 14-614.

COMPLAINT

RULE 14-615.

PROCESS

RULE 14-616.

HEARING

(a)

(b)

(c)

(d)

(e)

(f)

Timing

Right to Cure

Conduct of Hearing

Finding

Judgment

Post-Judgment Sale

RULE 14-601

MARYLAND RULES OF PROCEDURE

TITLE 14 – SALES OF PROPERTY

CHAPTER 600 – IN REM FORECLOSURE OF LOCAL GOVERNMENT TAX LIENS

DIVISION 1 – FORECLOSURE BY COUNTY OR MUNICIPAL CORPORATION

AMEND Rule 14-601 by replacing the term “Chapter” with

“Division 1 of Chapter 600,” as follows:

Rule 14-601.

APPLICABILITY

The Rules in this Chapter Division 1 of Chapter 600 govern

in rem foreclosure actions filed by a county or municipal

corporation to satisfy delinquent taxes pursuant to Code, Tax-Property Article, §§ 14-873 - 14-876.

Source: This Rule is new.

REPORTER’S NOTE

Chapter 382, 2021 Laws of Maryland (HB 852) authorizes the

State Department of Assessments and Taxation, in certain

circumstances, to file a complaint seeking in rem foreclosure of

local government tax liens.

In order to implement these changes, it is proposed that

Chapter 600 of Title 14 be divided into two divisions.

Division 1 consists of existing Rules 14-601 through 14606, and covers in rem foreclosures filed by a county or

municipal corporation. Division 2 consists of proposed new

Rules 14-611 through 14-616, and covers in rem foreclosures

filed by or on behalf of the State Department of Assessments and

Taxation.

RULE 14-601

A conforming amendment in Rule 14-601 updates the reference

to “this Chapter” to the appropriate Division.

RULE 14-602

MARYLAND RULES OF PROCEDURE

TITLE 14 – SALES OF PROPERTY

CHAPTER 600 – IN REM FORECLOSURE OF LOCAL GOVERNMENT TAX LIENS

DIVISION 1 – FORECLOSURE BY COUNTY OR MUNICIPAL CORPORATION

AMEND Rule 14-602 by replacing the term “Chapter” with

“Division 1,” as follows:

Rule 14-602.

DEFINITIONS

In the Rules in this Chapter Division 1, the following

definitions apply except as otherwise expressly provided or as

necessary implication requires:

...

REPORTER’S NOTE

See the Reporter’s Note to Rule 14-601.

NO AMENDMENTS TO RULE 14-603 ARE PROPOSED

RULE 14-603

MARYLAND RULES OF PROCEDURE

TITLE 14 – SALES OF PROPERTY

CHAPTER 600 – IN REM FORECLOSURE OF LOCAL GOVERNMENT TAX LIENS

DIVISION 1 – FORECLOSURE BY COUNTY OR MUNICIPAL CORPORATION

Rule 14-603.

VENUE

A complaint for in rem foreclosure shall be commenced in

the circuit court for the county in which the real property is

located.

Source:

This Rule is new.

REPORTER’S NOTE

No amendments to Rule 14-603 are proposed.

In Rem Rules - version 1.6

Approved by RC 02/11/22

For Style

RULE 14-604

MARYLAND RULES OF PROCEDURE

TITLE 14 – SALES OF PROPERTY

CHAPTER 600 – IN REM FORECLOSURE OF LOCAL GOVERNMENT TAX LIENS

DIVISION 1 – FORECLOSURE BY COUNTY OR MUNICIPAL CORPORATION

AMEND Rule 14-604 by revising the title of the Rule and by

making stylistic changes to section (a), as follows:

Rule 14-604.

COMPLAINT

(a)

IN REM FORECLOSURE OF LOCAL GOVERNMENT TAX LIENS -

Contents

In an in rem foreclosure, the complaint, in addition to

complying with Rules 2-303 through 2-305, shall set forth:

(1) the identity of the county or municipal corporation

seeking foreclosure, including its address;

(2) a description of the real property as it appears in the

county land records;

(3) the tax identification number of the real property;

(4) an averment that the taxes are at least six months

delinquent at the time of filing;

(5) the amount of taxes that are delinquent the tax

delinquency as of the date of filing;

Committee note: A complaint may be amended to include any taxes

that become delinquent after commencement of the in rem

foreclosure action. See Code, Tax--Property Article, § 14875(f).

RULE 14-604

(6) the names name and last known addresses address of each

interested party;

(7) an averment that the real property is either

(A) a vacant lot, or

(B) improved property cited as

(i) vacant and unsafe, or

(ii) unfit for human habitation or other authorized use;

(8) an averment that the value of the real property as

determined in accordance with Code, Tax--Property Article, § 14874(a)(2) is less than the total amount of liens for unpaid

taxes;

(9) a request that the circuit court not schedule a hearing

on the complaint until at least 30 days after the date the

complaint is accepted for filing by the clerk; and

(10) a request for judgment

(A) foreclosing the existing interest of all interested

parties in the real property and

(B) ordering the transfer of ownership of the real

property to the county or municipal corporation.

Cross reference:

14-875(e).

(b)

See Code, Tax--Property Article, §§ 14-874(a),

Exhibits to be Filed

The complaint shall be accompanied by:

RULE 14-604

(1) a certificate of the collector showing the total amount

of tax due with all penalties and interest;

Cross reference:

and 14-869(b).

See Code, Tax--Property Article, §§ 1-101(e)

(2) a copy of a document establishing the value of the real

property in compliance with Code, Tax--Property Article, § 14874(a)(2); and

(3) if applicable, a copy of each violation notice

pertaining to an averment in the complaint that is referenced in

subsection (a)(7)(B) of this Rule.

Cross reference:

875(e)(9).

See Code, Tax--Property Article, § 14-

REPORTER’S NOTE

Title 14, Chapter 600 applies to the in rem foreclosure of

local government tax liens. The title of Rule 14-604 repeats

the information contained in the Chapter title. As a result,

the title of Rule 14-604 is repetitive. Proposed amendments

streamline the title and avoid possible confusion between the

Rules in Division 1 and Division 2.

Stylistic changes are made to section (a).

NO AMENDMENTS TO RULE 14-605 ARE PROPOSED

RULE 14-605

MARYLAND RULES OF PROCEDURE

TITLE 14 – SALES OF PROPERTY

CHAPTER 600 – IN REM FORECLOSURE OF LOCAL GOVERNMENT TAX LIENS

DIVISION 1 – FORECLOSURE BY COUNTY OR MUNICIPAL CORPORATION

Rule 14-605.

PROCESS

Within five days after the complaint is accepted by the

clerk for filing, the county or municipal corporation shall (a)

in compliance with Rule 2-122 (a)(3), cause notice to be posted

in a conspicuous place on the real property subject to the in

rem foreclosure that at a minimum sets forth (1) the name of the

court in which the in rem foreclosure action has been filed and

the case number of the action, (2) that the property is subject

to an action seeking foreclosure, and (3) that further

information about the foreclosure action may be obtained from

the clerk's office, and (b) send notice and a copy of the

complaint to each interested party by first-class mail and

certified mail, postage prepaid, return receipt requested,

bearing a postmark from the United States Postal Service.

Cross reference:

875(d)(2).

Source:

See Code, Tax--Property Article, § 14-

This Rule is new.

REPORTER’S NOTE

No amendments to Rule 14-605 are proposed.

RULE 14-606

MARYLAND RULES OF PROCEDURE

TITLE 14 – SALES OF PROPERTY

CHAPTER 600 – IN REM FORECLOSURE OF LOCAL GOVERNMENT TAX LIENS

DIVISION 1 – FORECLOSURE BY COUNTY OR MUNICIPAL CORPORATION

AMEND Rule 14-606 by deleting the word “circuit” from

section (a) and by replacing the word “state” with the phrase

“include a finding” in subsections (e)(1) and (e)(2), as

follows:

Rule 14-606.

(a)

HEARING

Timing

The circuit court shall schedule a hearing for a date no

earlier than 30 days after the date the complaint is accepted

for filing by the clerk.

Cross reference:

(b)

Code, Tax--Property Article, § 14-876.

Right to Cure

Until a judgment foreclosing the tax lien is entered in

favor of the county or municipal corporation, any interested

party may cure the tax lien by paying all past due taxes,

including penalties and interest.

Cross reference: See Code, Tax--Property Article, § 14-804

(unpaid taxes on real property are tax liens) and Code, Tax-Property Article, § 14-875(g).

(c)

Conduct of Hearing

RULE 14-606

Any interested party shall have the right to be heard, to

contest the delinquency of the taxes, and to contest the

adequacy of the proceedings.

Cross reference:

(d)

See Code, Tax--Property Article, § 14-876(b).

Finding

If the court finds by a preponderance of the evidence

that (1) notice has been provided to all interested parties

pursuant to Rule 14-605 and (2) the information set forth in the

complaint is accurate and in compliance with Rule 14-604, the

court shall enter a judgment in favor of the county or municipal

corporation.

Cross reference:

(e)

See Code, Tax--Property Article, § 14-876(c).

Judgment

The judgment shall:

(1) state include a finding that notice has been provided to

all interested parties;

(2) state include a finding that the real property is a

vacant lot or an improved property cited as vacant and unsafe or

unfit for human habitation or other authorized use and that the

value of the real property is shown to be less than the amount

of the unpaid taxes; and

(3) order that ownership of the real property be transferred

to the county or municipal corporation on behalf of which the

complaint was filed.

RULE 14-606

Cross reference:

876(c)(1)-(2).

Source:

See Code, Tax--Property Article, §§ 14-

This Rule is new.

REPORTER’S NOTE

Sections (a) and (e) are proposed to be amended to conform

to the style of proposed new Rule 14-616.

In section (a), the word “circuit” is proposed to be

removed as the Rules in Division 1 limit venue to a circuit

court only.

In section (e), the word “state” is proposed to be deleted

from subsections (1) and (2) and replaced with the words

“include a finding.”

RULE 14-611

MARYLAND RULES OF PROCEDURE

TITLE 14 – SALES OF PROPERTY

CHAPTER 600 – IN REM FORECLOSURE OF LOCAL GOVERNMENT TAX LIENS

DIVISION 2 – FORECLOSURE BY STATE GOVERNMENT

ADD new Rule 14-611, as follows:

Rule 14-611.

APPLICABILITY

The Rules in Division 2 of Chapter 600 govern in rem

foreclosure actions filed by or on behalf of the State

Department of Assessments and Taxation to satisfy delinquent

taxes pursuant to Code, Tax--Property Article, § 14-890.

Source:

This Rule is new.

REPORTER’S NOTE

Chapter 382, 2021 Laws of Maryland (HB 852) authorizes the

State Department of Assessments and Taxation, in certain

circumstances, to file a complaint seeking in rem foreclosure of

local government tax liens.

In order to implement these changes, it is proposed that

Chapter 600 of Title 14 be divided into two divisions.

Division 1 consists of existing Rules 14-601 through 14606, and covers in rem foreclosures filed by a county or

municipal corporation. Division 2 consists of proposed new

Rules 14-611 through 14-616, and covers in rem foreclosures

filed by or on behalf of the State Department of Assessments and

Taxation.

Rule 14-611 sets forth the applicability of Division 2.

RULE 14-612

MARYLAND RULES OF PROCEDURE

TITLE 14 – SALES OF PROPERTY

CHAPTER 600 – IN REM FORECLOSURE OF LOCAL GOVERNMENT TAX LIENS

DIVISION 2 – FORECLOSURE BY STATE GOVERNMENT

ADD new Rule 14-612, as follows:

Rule 14-612.

DEFINITIONS

In the Rules in Division 2, the following definitions apply

except as otherwise expressly provided or as necessary

implication requires:

(a)

Department

“Department” means the State Department of Assessments

and Taxation.

Cross reference:

(b)

See Code, Tax--Property Article, § 1-101.

Dwelling

(1) “Dwelling” means:

(A) a house that is:

(i) used as the principal residence of the homeowner;

and

(ii) actually occupied or expected to be actually

occupied by the homeowner for more than six months of a 12-month

period as set forth in Code, Tax--Property Article, § 9-105; and

(B) the lot or curtilage on which the house is erected.

RULE 14-612

(2) “Dwelling” includes:

(A) a condominium unit that is occupied by an individual

who has a legal interest in the condominium;

(B) an apartment in a cooperative apartment corporation

that is occupied by an individual who has a legal interest in

the apartment; and

residential purposes, if the real property is used as a

principal residence by an individual who has a legal interest in

the real property.

Cross reference:

(c)

See Code, Tax--Property Article, § 9-105.

Interested Party

“Interested Party” means:

(1) The person who last appears as owner of the dwelling on

the collector's tax roll;

(2) A mortgagee of the property or an assignee of a

mortgagee of record;

(3) A holder of a beneficial interest in a deed of trust

recorded against the dwelling;

(4) A taxing agency that has the authority to collect tax on

the dwelling; or

(5) Any person having a current interest in the real

property whose identity and address are (A) reasonably

RULE 14-612

ascertainable from the county land records or (B) revealed by a

full title search consisting of at least 50 years.

Cross reference:

(d)

See Code, Tax--Property Article, § 14-889.

Ombudsman

“Ombudsman” means the State Tax Sale Ombudsman

established under Code, Tax--Property Article, § 2-112.

(e)

Program

“Program” means the Homeowner Protection Program

established under Code, Tax--Property Article, § 14-883, et seq.

(f)

Tax

“Tax” means any tax or charge of any kind due to the

State or any of its political subdivisions, or to any other

taxing agency, that by law is a lien against the dwelling on

which it is imposed or assessed.

“Tax” includes applicable

interest.

Cross reference: See Code, Tax--Property Article, § 14-801(d).

For the fees and costs permitted to be imposed on a homeowner,

see Code, Tax--Property Article, § 14-889. For the definition

of “other taxing agency,” see Code, Tax--Property Article, § 14801(b).

Source:

This Rule is new.

REPORTER’S NOTE

The definitions in proposed new Rule 14-612 are taken

almost verbatim from Code, Tax--Property Article, §§ 1-101, 2112, 9-105, 14-801, 14-883, and 14-889.

RULE 14-613

MARYLAND RULES OF PROCEDURE

TITLE 14 – SALES OF PROPERTY

CHAPTER 600 – IN REM FORECLOSURE OF LOCAL GOVERNMENT TAX LIENS

DIVISION 2 – FORECLOSURE BY STATE GOVERNMENT

ADD new Rule 14-613, as follows:

Rule 14-613.

VENUE

A complaint for in rem foreclosure shall be commenced in

the circuit court for the county in which the dwelling is

located.

Source:

This Rule is new.

REPORTER’S NOTE

Proposed new Rule 14-613 is derived from Code, Tax-Property Article, § 14-890(d)(1).

RULE 14-614

MARYLAND RULES OF PROCEDURE

TITLE 14 – SALES OF PROPERTY

CHAPTER 600 – IN REM FORECLOSURE OF LOCAL GOVERNMENT TAX LIENS

DIVISION 2 – FORECLOSURE BY STATE GOVERNMENT

ADD new Rule 14-614, as follows:

Rule 14-614.

COMPLAINT

In an in rem foreclosure filed by or on behalf of the

Department, the complaint, in addition to complying with Rules

2-303 through 2-305, shall set forth:

(a) the name and address of the Department;

(b) a description of the dwelling as it appears in the

county land records;

(d) an averment from the Ombudsman that:

(1) at least three years have elapsed since the homeowner

first enrolled in the Program;

(2) all reasonable efforts to assist the homeowner to pay

the taxes owed to the Department have failed; and

(3) the homeowner's enrollment in the program was not

cancelled under Code, Tax--Property Article, § 14-886(d);

(e) the amount of delinquent taxes as of the date of filing;

RULE 14-614

(f) the name and last known address of each interested party

and, if applicable, a statement that the address of a particular

interested party is unknown;

(g) a request that the court not schedule a hearing on the

complaint until at least 30 days after the date the complaint is

accepted for filing by the clerk; and

(h) a request for judgment:

(1) foreclosing the existing interests of all interested

parties in the dwelling; and

(2) ordering the dwelling to be sold at public auction.

Cross reference:

See Code, Tax--Property Article, § 14-890(f).

Committee note: A complaint may be amended to include any taxes

that become delinquent after commencement of the in rem

foreclosure action. See Code, Tax--Property Article, § 14890(g).

Source:

This Rule is new.

REPORTER’S NOTE

Proposed new Rule 14-614 sets forth the required contents

of a complaint for an in rem foreclosure filed by or on behalf

of the Department. The Rule is derived from Code, Tax--Property

Article, § 14-890(f).

The language of Rule 14-614 primarily follows the language

of the statute with a few procedural additions and stylistic

changes. Section (d) is added to ensure that the complaint

includes sufficient information to determine that the Department

is permitted to foreclose on the dwelling pursuant to Code, Tax-Property Article, §§ 14-887(e) and 14-890(c).

Subsections (f)(4) and (5) of Code, Tax--Property Article,

§14-890 require that the complaint include “a statement that the

RULE 14-614

taxes are delinquent at the time of the filing” and “the amount

of taxes that are delinquent as of the date of the filing.” The

Rules Committee determined that providing the amount of taxes

that are delinquent at the time of filing necessarily implies

that taxes are delinquent at the time of filing. Accordingly,

Rule 14-614 (e) streamlines these two requirements to avoid

redundancy.

The addition of section (g) in Rule 14-614 ensures that the

appropriate statutory timeline is followed by requiring the

complaint to include a request that a hearing on the complaint

not be scheduled until at least 30 days after the date the

complaint is accepted for filing.

A Committee note at the end of the Rule provides that a

complaint may be amended to include taxes that become delinquent

after commencement of the action, as permitted by Code, Tax-Property Article, § 14-890(g).

RULE 14-615

MARYLAND RULES OF PROCEDURE

TITLE 14 – SALES OF PROPERTY

CHAPTER 600 – IN REM FORECLOSURE OF LOCAL GOVERNMENT TAX LIENS

DIVISION 2 – FORECLOSURE BY STATE GOVERNMENT

ADD new Rule 14-615, as follows:

Rule 14-615.

PROCESS

Within five days after the complaint is accepted by the

clerk for filing, the Department or its representative shall (a)

in compliance with Rule 2-122 (a)(3), cause notice to be posted

in a conspicuous place on the dwelling subject to the in rem

foreclosure that sets forth (1) the name of the court in which

the in rem foreclosure action has been filed and the case number

of the action, (2) that the dwelling is subject to an action

seeking foreclosure, and (3) that further information about the

foreclosure action may be obtained from the clerk's office, and

(b) send notice and a copy of the complaint to each interested

party by first-class mail and certified mail, postage prepaid,

return receipt requested, bearing a postmark from the United

States Postal Service.

Cross reference:

890(d)(2).

See Code, Tax--Property Article, § 14-

Source: This Rule is new.

RULE 14-615

REPORTER’S NOTE

Proposed new Rule 14-615 is derived in part from Code, Tax-Property Article, § 14-890 and Rule 2-122 (a)(3).

RULE 14-616

MARYLAND RULES OF PROCEDURE

TITLE 14 – SALES OF PROPERTY

CHAPTER 600 – IN REM FORECLOSURE OF LOCAL GOVERNMENT TAX LIENS

DIVISION 2 – FORECLOSURE BY STATE GOVERNMENT

ADD new Rule 14-616, as follows:

Rule 14-616.

(a)

HEARING; JUDGMENT

Timing

The court shall schedule a hearing for a date no earlier

than 30 days after the date the complaint is accepted for filing

by the clerk.

Cross reference:

(b)

Code, Tax--Property Article, § 14-890(i).

Right to Cure

Until a judgment foreclosing the tax lien is entered, any

interested party may cure the tax lien by paying all past due

taxes, including applicable interest.

Cross reference:

(c)

See Code, Tax--Property Article, § 14-890(h).

Conduct of Hearing

Any interested party shall have the right to be heard, to

contest the delinquency of the taxes, and to contest the

adequacy of the proceedings.

Cross reference:

(d)

See Code, Tax--Property Article, § 14-890(j).

Finding

100

RULE 14-616

If the court finds by a preponderance of the evidence

that (1) notice has been provided to all interested parties

pursuant to Rule 14-615 and (2) the information set forth in the

complaint is accurate and in compliance with Rule 14-614, the

court shall enter judgment.

(e)

Judgment

The judgment shall:

(1) include a finding that notice has been provided to all

interested parties; and

(2) order that the dwelling be sold at public auction.

Cross reference:

(f)

See Code, Tax--Property Article, § 14-890(k).

Post-Judgment Sale

After entry of a judgment ordering the sale of a dwelling

pursuant to this Division, the sale shall be conducted in

accordance with Chapter 300 of this Title.

Cross reference:

See Code, Tax--Property Article, § 14-890(l)-

(p).

Source:

This Rule is new.

REPORTER’S NOTE

In proposed new Rule 14-616, section (a) is based on the

language in Code, Tax--Property Article, § 14-890(i), which

states that “[a] circuit court may not set a hearing for an in

rem foreclosure until 30 days after the complaint for an in rem

foreclosure is filed.” Section (a) differs from the statute in

that time runs from after the acceptance of the filing by the

101

RULE 14-616

clerk, rather than from when the complaint is filed. This is to

minimize any disputes that may arise as to timing in the event

that a complaint is not accepted through MDEC on the same day it

was filed. The date the complaint is accepted for filing serves

as a bright-line rule that all parties involved in these matters

can easily understand, and that does not result in less time

being provided than was contemplated in the statute.

Section (b) references the statutory right of an interested

party to cure the tax lien. Pursuant to Code, Tax--Property

Article, § 14-890(h), any interested party may cure the tax lien

“by paying all past due taxes at any time before the entry of

the judgment.” Although “tax” is defined to include applicable

interest, the proposed language of section (b) references the

need to pay interest with the taxes. The Rules Committee

determined that referencing applicable interest clarifies the

amount needed to cure the lien, mirroring the reference to

penalties and interest in Rule 14-606 (b) addressing the right

to cure in Division 1.

Section (c) is based on Code, Tax--Property Article, § 14890(j).

Section (d) closely follows Code, Tax--Property Article, §

14-890(k). The main difference is that section (d) includes a

“preponderance of the evidence” burden of proof. The statute is

silent on this issue.

Section (e) incorporates the language used in Code, Tax-Property Article, §§ 14-890(k)(1)-(2) and requires a finding in

the judgment that proper notice has been provided to all

interested parties.

Section (f) is based on Code, Tax--Property Article, § 14890(l)-(p), and clarifies which specific Rules apply to sales

conducted pursuant to a judgment issued under this Rule.

102

RULE 2-652

MARYLAND RULES OF PROCEDURE

TITLE 2 – CIVIL PROCEDURE – CIRCUIT COURT

CHAPTER 600 – JUDGMENT

AMEND Rule 2-652 by deleting section (a) and the related

cross reference, and by re-lettering and conforming subsequent

sections to account for the deletion, as follows:

Rule 2-652.

(a)

ENFORCEMENT OF ATTORNEY’S LIENS

Retaining Lien

Except as otherwise provided by the Maryland Attorneys'

Rules of Professional Conduct, an attorney who has a common-law

retaining lien for legal services rendered to a client may

assert the lien by retaining the papers of the client in the

possession of the attorney until the attorney's claim is

satisfied.

Cross reference: Maryland Attorneys' Rules of Professional

Conduct 19-301.8, 19-301.15, and 19-301.16.

(b)(a)

Statutory Lien

An attorney who has a lien under Code, Business

Occupations and Professions Article, § 10-501, may assert the

lien by serving a written notice by certified mail or personal

delivery upon the client and upon each person against whom the

lien is to be enforced.

The notice shall claim the lien, state

the attorney's interest in the action, proceeding, settlement,

103

RULE 2-652

judgment, or award, and inform the client or other person to

hold any money payable or property passing to the client

relating to the action, proceeding, settlement, judgment, or

award.

Cross reference: Code, Business Occupations and Professions

Article, § 10-501(d).

(c)(b)

Adjudication of Rights and Lien Disputes

(1) When a Circuit Court Action Has Been Filed

If a lien asserted pursuant to this Rule relates to an

action that has been filed in a circuit court of this State, on

motion filed by the attorney, the attorney's client in the

action, or any person who has received a notice pursuant to

section (b)(a) of this Rule, the court shall adjudicate the

rights of the parties in relation to the lien, including the

attorney's entitlement to a lien, any dispute as to the papers

subject to a lien under section (a) of this Rule, and the amount

of the attorney's claim.

(2) When No Circuit Court Action Has Been Filed

If a lien is asserted pursuant to this Rule and a

related action has not been filed in a circuit court of this

State, the attorney, the attorney's client, or any person who

has received a notice pursuant to section (b)(a) of this Rule

may file a complaint with a circuit court to adjudicate the

rights of the parties in relation to the lien, including the

104

RULE 2-652

attorney's entitlement to a lien, any dispute as to the papers

subject to a lien under section (a) of this Rule, and the amount

of the attorney's claim.

Cross reference: For venue of a complaint filed pursuant to

this section, see Code, Courts Article, §§ 6-201 - 203.

Source: This Rule is new.

REPORTER’S NOTE

Rule 2-652 addresses two types of attorney’s liens:

retaining and statutory, also known as charging, liens. The

retaining lien originated in common law and permits an attorney

to retain papers of the client until the attorney’s claim is

satisfied. In practice, however, enforcing a retaining lien

often conflicts with an attorney’s ethical obligations. For

example, Rule 19-301.15 (d) (1.15) requires that an attorney

“deliver promptly to the client or third person any funds or

other property that the client or third person is entitled to

receive...” In addition, Rule 19-301.16 (d) (1.16) provides

that, “[u]pon termination of representation, an attorney shall

take steps to the extent reasonably practicable to protect a

client’s interests such as...surrendering papers and property to

which the client is entitled...” In other words, if the client

requires the papers to protect his or her interests, the

attorney risks sanctions for professional misconduct by

asserting a retaining lien. In the alternative, if the papers

being retained have no impact on the client’s interests, the

assertion of a retaining lien will likely have limited coercive

effect on the client. As a result, it appears that an

attorney’s retaining lien has limited utility in practice.

Other states have limited or eliminated the common law

retaining lien by Rule. For example, Rule 1.8 (i) of the Rules

Governing the District of Columbia Bar provides that an attorney

may only impose a lien upon his or her work product to the

extent that payment has not been received for the product.

However, “[t]his work product exception shall not apply when the

client has become unable to pay, or when withholding the

lawyer’s work product would present a significant risk to the

client or irreparable harm.” D.C. R. Rrof. Conduct 1.8(i).

Similarly, the Virginia Rules of Professional Conduct appear to

105

RULE 2-652

eliminate the attorney retaining lien by requiring certain

documents from the attorney’s file to be provided to the client

upon request, “whether or not the client has paid the fees and

costs owed the lawyer.” Va. R. Prof. Conduct 1.16(e).

Accordingly, it appears that other jurisdictions have recognized

and acted upon the issues associated with an attorney’s

retaining lien.

Upon consideration of the above, proposed amendments to

Rule 2-652 delete section (a) concerning retaining liens. The

cross reference following the section is also deleted.

Subsequent sections are re-lettered and updated in conformance

with the amendments.

106

RULE 19-303.8

MARYLAND RULES OF PROCEDURE

TITLE 19 – ATTORNEYS

CHAPTER 300 – MARYLAND ATTORNEYS’ RULES OF PROFESSIONAL CONDUCT

AMEND Rule 19-303.8 to adopt sections (g) and (h) of

American Bar Association Model Rule 3.8 as sections (f) and (g),

to add the relevant Model Rule Comments with minor changes to

mirror existing language, and to make stylistic changes, as

follows:

Rule 19-303.8.

SPECIAL RESPONSIBILITIES OF A PROSECUTOR (3.8)

The prosecutor in a criminal case shall:

(a)

refrain from prosecuting a charge that the prosecutor

knows is not supported by probable cause;

(b)

make reasonable efforts to assure that the accused has

been advised of the right to, and the procedure for obtaining,

an attorney and has been given reasonable opportunity to obtain

an attorney;

(c)

not seek to obtain from an unrepresented accused a waiver

of important pretrial rights, such as the right to a preliminary

hearing;

(d)

make timely disclosure to the defense of all evidence or

information known to the prosecutor that tends to negate the

guilt of the accused or mitigates the offense, and, in

107

RULE 19-303.8

connection with sentencing, disclose to the defense and to the

tribunal all unprivileged mitigating information known to the

prosecutor, except when the prosecutor is relieved of this

responsibility by a protective order of the tribunal; and

(e)

except for statements that are necessary to inform the

public of the nature and extent of the prosecutor's action and

that serve a legitimate law enforcement purpose, refrain from

making extrajudicial comments that have a substantial likelihood

of heightening public condemnation of the accused and exercise

reasonable care to prevent an employee or other person under the

control of the prosecutor in a criminal case from making an

extrajudicial statement that the prosecutor would be prohibited

from making under Rule 19-303.6 (3.6) or this Rule.;

(f)

when a prosecutor knows of new, credible, and material

evidence creating a reasonable likelihood that a convicted

defendant did not commit an offense of which the defendant was

convicted, the prosecutor shall:

(1) promptly disclose that evidence to an appropriate court

or authority; and

(2) if the conviction was obtained in the prosecutor's

jurisdiction:

(i) promptly disclose that evidence to the defendant

unless a court authorizes delay; and

108

RULE 19-303.8

(ii) undertake further investigation, or make reasonable

efforts to cause an investigation, to determine whether the

defendant was convicted of an offense that the defendant did not

commit; and

(g)

when a prosecutor knows of clear and convincing evidence

establishing that a defendant in the prosecutor's jurisdiction

was convicted of an offense that the defendant did not commit,

the prosecutor shall seek to remedy the conviction.

COMMENT

[1]

A prosecutor has the responsibility of a minister of

justice and not simply that of an advocate.

This responsibility

carries with it specific obligations to see that the defendant

is accorded procedural justice and that guilt is decided upon

the basis of sufficient evidence.

Precisely how far the

prosecutor is required to go in this direction is a matter of

debate and varies in different jurisdictions.

Many

jurisdictions have adopted the ABA Standards of Criminal Justice

Relating to Prosecution Function, which in turn are the product

of prolonged and careful deliberation by attorneys experienced

in both criminal prosecution and defense.