# STANDING COMMITTEE ON RULES OF PRACTICE AND PROCEDURE

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## Record

- **Collection:** Court rules
- **Document type:** Court rule

## Text

STANDING COMMITTEE ON RULES OF PRACTICE AND PROCEDURE
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
1

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
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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
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(c) deals generally with the time to appeal when a Rule 3-533 or
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
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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
5

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
6

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
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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.

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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
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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

10

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
11

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
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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.

13

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,
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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

15

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
16

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
17

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.
18

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).

19

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.
(C) Protection for Draft Reports or Disclosures
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

20

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).

21

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
22

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.

23

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.
24

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.

25

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

26

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,
27

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
28

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;
(C) if attorneys' fees are claimed, sufficient proof
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.
29

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
(C) an electronic printout or other documentation from the
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
30

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.

31

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;
(C) the last four digits of the social security number for
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;
(C) an itemization of any fees or charges claimed by the
plaintiff in addition to the charge-off balance;
32

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
(C) a statement of the amount and date of the last payment
on the consumer debt.
(8) Licensing Information

33

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
(C) date of issue.
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.

If

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
34

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
35

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

36

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.”

37

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
38

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.

39

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.

40

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.

41

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
42

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.

43

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

44

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

45

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

46

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
47

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).

48

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:

49

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
50

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.
51

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.

52

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
53

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

54

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

55

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
56

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

57

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
58

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,
59

RULE 15-901
(C) each attachment to the petition, and
(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
60

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.

A

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
61

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.

In

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
62

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
63

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
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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.

65

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

66

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;
(C) the gender identity declaration desired;
(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
67

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
(C) whether the individual whose name is sought to be
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
68

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
(C) if the petitioner requests a name change, a copy of a
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
69

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,
(C) each attachment to the petition, and
(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

70

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.
71

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.

72

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
73

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.

74

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

. . .

75

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.

76

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
77

(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

78

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.

79

RULE 14-601
A conforming amendment in Rule 14-601 updates the reference
to “this Chapter” to the appropriate Division.

80

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.

81

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

82

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).

83

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:

84

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 v

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/court_rules%3Amd%3Afac2adc77db5c368. Public record. Not legal advice.