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Annotated Code of Maryland Maryland Rules

*** State and Federal Rules are current through March 23, 2012 ***
MARYLAND DISTRICT RULES *** State and Federal Rules are current through March 23, 2012 *** MARYLAND DISTRICT RULES Md. Rule (2012) Md. Rule Rescinded or transferred. *** State and Federal Rules are current through March 23, 2012 *** MARYLAND RULES TITLE 1. GENERAL PROVISIONS

CHAPTER 100. APPLICABILITY AND CITATION

Md. Rule 1-101 (2012) Rule 1-101. Applicability (a) Title 1. Title 1 applies to all matters in all courts of this State, except the Orphans' Courts and except as otherwise specifically provided. (b) Title 2. Title 2 applies to civil matters in the circuit courts, except for Juvenile Causes under Title 11 of these Rules and except as otherwise specifically provided or necessarily implied. (c) Title 3. Title 3 applies to civil matters in the District Court, except as otherwise specifically provided or necessarily implied. (d) Title 4. Title 4 applies to criminal matters; post conviction procedures; and expungement of records in the District Court and the circuit courts, including records of civil offenses or infractions, except juvenile offenses, under a State or local law enacted as a substitute for a criminal charge. (e) Title 5. Title 5 applies to all actions in the courts of this State, except as otherwise provided by statute or rule.

(f) Title 6. Title 6 applies to matters in the Orphans' Courts and before the registers of wills relating to the settlement of decedents' estates. (g) Title 7. Title 7 applies to appellate and other judicial review in the circuit courts. (h) Title 8. Title 8 applies to appellate review in the Court of Appeals and the Court of Special Appeals. (i) Title 9. Title 9 applies to proceedings under Code, Family Law Article, Title 5, Subtitles 3 (Guardianship to and Adoption through Local Department), 3A (Private Agency Guardianship and Adoption), and 3B (Independent Adoption) and proceedings relating to divorce, annulment, alimony, child support, and child custody and visitation. (j) Title 10. Title 10 applies to fiduciary matters in the courts of this State, except for matters relating to the settlement of decedents' estates governed by Title 6 of these Rules and guardianships governed by Title 9 of these Rules. (k) Title 11. Title 11 applies to juvenile causes under Code, Courts Article, Title 3, Subtitles 8 and 8A. (l) Title 12. Title 12 applies to property actions relating to writs of survey, lis pendens, actions for release of lien instruments, condemnation, mechanics' liens, partition, redemption of ground rents, replevin, and detinue. (m) Title 13. Title 13 applies to proceedings relating to estates of assignees and receivers. (n) Title 14. Title 14 applies to proceedings relating to sales of property. (o) Title 15. Title 15 applies to special proceedings relating to arbitration, catastrophic health emergencies, contempt, habeas corpus, health claims arbitration, injunctions, judicial releases of individuals confined for mental disorders, mandamus, the Maryland Automobile Insurance Fund, name changes, and wrongful death. (p) Title 16. Title 16 applies to the courts, judges, and attorneys. (q) Title 17. Title 17 applies to alternative dispute resolution proceedings in civil actions in a circuit court, except for actions or orders to enforce a contractual agreement to submit a dispute to alternative dispute resolution. HISTORY: (Amended Mar. 30, 1993, effective July 1, 1993; Dec. 15, 1993, effective July 1, 1994; June 5, 1996, effective Jan. 1, 1997; Nov. 1, 2001, effective Jan. 1, 2002; Jan. 8, 2002, effective Feb. 1, 2002; April 5, 2005, effective July 1, 2005; June 4, 2007, effective July 1, 2007; Dec. 4, 2007, effective Jan. 1, 2008.)

MARYLAND RULES TITLE 1. GENERAL PROVISIONS CHAPTER 100. APPLICABILITY AND CITATION Md. Rule 1-102 (2012) Rule 1-102. Circuit and local rules Unless inconsistent with these rules, circuit and local rules regulating (1) court libraries, (2) memorial proceedings, (3) auditors, (4) compensation of trustees in judicial sales, and (5) appointment of bail bond commissioners and licensing and regulation of bail bondsmen, are not repealed. No circuit and local rules, other than ones regulating the matters and subjects listed in this Rule, shall be adopted. MARYLAND RULES TITLE 1. GENERAL PROVISIONS CHAPTER 100. APPLICABILITY AND CITATION Md. Rule 1-103 (2012) Rule 1-103. Method of citation These rules may be cited collectively as "Md. Rules." A specific rule may be cited as "Rule" followed by the rule number. MARYLAND RULES TITLE 1. GENERAL PROVISIONS CHAPTER 100. APPLICABILITY AND CITATION Md. Rule 1-104 (2012) Rule 1-104. Unreported opinions (a) Not authority. An unreported opinion of the Court of Appeals or Court of Special Appeals is neither precedent within the rule of stare decisis nor persuasive authority. (b) Citation. An unreported opinion of either Court may be cited in either Court for any purpose other than as precedent within the rule of stare decisis or as persuasive authority. In any other court, an unreported opinion of either Court may be cited only (1) when relevant under the doctrine of the law of the case, res judicata, or collateral estoppel, (2) in a criminal action or related proceeding involving the same defendant, or (3) in a disciplinary action involving the same respondent. A party who cites an unreported opinion shall attach a copy of it to the pleading, brief, or paper in which it is cited. HISTORY: (Added Nov. 12, 2003, effective Jan. 1, 2004; amended May 8, 2007, effective July 1, 2007.)

MARYLAND RULES TITLE 1. GENERAL PROVISIONS CHAPTER 200. CONSTRUCTION, INTERPRETATION, AND DEFINITIONS Md. Rule 1-201 (2012) Rule 1-201. Rules of construction (a) General. These rules shall be construed to secure simplicity in procedure, fairness in administration, and elimination of unjustifiable expense and delay. When a rule, by the word "shall" or otherwise, mandates or prohibits conduct, the consequences of noncompliance are those prescribed by these rules or by statute. If no consequences are prescribed, the court may compel compliance with the rule or may determine the consequences of the noncompliance in light of the totality of the circumstances and the purpose of the rule. (b) Jurisdiction and venue unaffected. These rules shall not be construed to extend or limit the jurisdiction of any court or, except as expressly provided, the venue of actions. (c) Effect on common law and statutory provisions. Neither these rules nor omissions from these rules supersede common law or statute unless inconsistent with these rules. (d) Singular and plural -- Gender. Words in the singular include the plural and words in any gender include all genders except as necessary implication requires. (e) Headings, references, and notes not rules. Headings, subheadings, cross references, committee notes, source references, and annotations are not part of these rules. HISTORY: (Amended Nov. 12, 2003, effective Jan. 1, 2004.) MARYLAND RULES TITLE 1. GENERAL PROVISIONS CHAPTER 200. CONSTRUCTION, INTERPRETATION, AND DEFINITIONS Md. Rule 1-202 (2012) Rule 1-202. Definitions In these rules the following definitions apply except as expressly otherwise provided or as necessary implication requires: (a) Action. "Action" means collectively all the steps by which a party seeks to enforce any right in a court or all the steps of a criminal prosecution. (b) Affidavit. "Affidavit" means a written statement the contents of which are affirmed under the penalties of perjury to be true. Unless the applicable rule expressly requires the affidavit to be made on personal knowledge, the statement may be made to the best of the affiant's knowledge,

information, and belief. (c) Body attachment. "Body attachment" means a written order issued by a court directing a sheriff or peace officer to take custody of and bring before the court (1) a witness who fails to comply with a subpoena, (2) a material witness in a criminal action, or (3) a party in a civil action who fails to comply with an order of court. (d) Certified mail. "Certified mail" means mail deposited with the United States Postal Service, with postage prepaid and return receipt requested. (e) Circuit. "Circuit" means a judicial circuit as provided in Article IV, 19 of the Constitution of Maryland. (f) Clerk. "Clerk" means the clerk or a deputy clerk of a court of this State and refers, as applicable under the circumstances, to the clerk or a deputy clerk of the court (1) to which the title, chapter, or rule applies or (2) in which the particular action or proceeding has been filed or properly could be filed. (g) Code. "Code," in reference to an article and section of the Code, means any Code of the Public General Laws of the State that has been adopted and made evidence of the Public General Laws of the State under Code, Courts Article, 10-201. (h) County. "County" includes the City of Baltimore. (i) Court. "Court" means a court of this State and refers, as applicable under the circumstances, to the court (1) to which the title, chapter, or rule applies or (2) in which the particular action or proceeding has been filed or properly could be filed. (j) Guardian. "Guardian" means a natural or legal guardian. (k) Holiday. "Holiday" means an "employee holiday" set forth in Code, State Personnel and Pensions Article, 9-201. Committee note. -- The "employee holidays" listed in Code, State Personnel and Pensions Article are: (1) January 1, for New Year's Day; (2) January 15, for Dr. Martin Luther King, Jr.'s Birthday, unless the United States Congress designates another day for observance of that legal holiday, in which case, the day designated by the United States Congress; (3) the third Monday in February, for Presidents' Day; (4) May 30, for Memorial Day, unless the United States Congress designates another day for observance of that legal holiday, in which case, the day designated by the United States Congress;

(5) July 4, for Independence Day; (6) the first Monday in September, for Labor Day; (7) October 12, for Columbus Day, unless the United States Congress designates another day for observance of that legal holiday, in which case, the day designated by the United States Congress; (8) November 11, for Veterans' Day; (9) the fourth Thursday in November, for Thanksgiving Day; (10) the Friday after Thanksgiving Day, for American Indian Heritage Day; (11) December 25, for Christmas Day; (12) each statewide general election day in this State; and (13) each other day that the President of the United States or the Governor designates for general cessation of business. (l) Individual. "Individual" means a human being. (m) Individual under disability. "Individual under disability" means an individual under the age of 18 years or an individual incompetent by reason of mental incapacity. (n) Judge. "Judge" means a judge of a court of this State and refers, as applicable under the circumstances, to a judge of the court (1) to which the title, chapter, or rule applies or (2) in which the particular action or proceeding has been filed or properly could be filed. (o) Judgment. "Judgment" means any order of court final in its nature entered pursuant to these rules. (p) Levy. "Levy" means an act of a sheriff that brings property under the control of the court so that the property becomes available for the satisfaction of a money judgment. (q) Money judgment. "Money judgment" means a judgment determining that a specified amount of money is immediately payable to the judgment creditor. It does not include a judgment mandating the payment of money. (r) Newspaper of general circulation. "Newspaper of general circulation" means a newspaper as defined in Code, Article 1, 28. (s) Original pleading. "Original pleading" means the first pleading filed in an action against a defendant and includes a third-party complaint.

t) Person. "Person" includes any individual, general or limited partnership, joint stock company, unincorporated association or society, municipal or other corporation, incorporated associations, limited liability partnership, limited liability company, the State, its agencies or political subdivisions, any court, or any other governmental entity. (u) Pleading. "Pleading" means a complaint, a counterclaim, a cross-claim, a third-party complaint, an answer, an answer to a counterclaim, cross-claim, or third-party complaint, a reply to an answer, or a charging document as used in Title 4. (v) Proceeding. "Proceeding" means any part of an action. (w) Process. "Process" means any written order issued by a court to secure compliance with its commands or to require action by any person and includes a summons, subpoena, an order of publication, a commission or other writ. (x) Property. "Property" includes real, personal, mixed, tangible or intangible property of every kind. (y) Return. "Return" means a report of action taken to serve or effectuate process. (z) Sheriff. "Sheriff" means the sheriff or a deputy sheriff of the county in which the proceedings are taken, any elisor appointed to perform the duties of the sheriff, and, with respect to the District Court, any court constable. (aa) Subpoena. "Subpoena" means a written order or writ directed to a person and requiring attendance at a particular time and place to take the action specified therein. (bb) Summons. "Summons" means a writ notifying the person named in the summons that (1) an action against that person has been commenced in the court from which the summons is issued and (2) in a civil action, failure to answer the complaint may result in entry of judgment against that person and, in a criminal action, failure to attend may result in issuance of a warrant for that person's arrest. (cc) Writ. "Writ" means a written order issued by a court and addressed to a sheriff or other person whose action the court desires to command to require performance of a specified act or to give authority to have the act done. HISTORY: (Amended Apr. 7, 1986, effective July 1, 1986; June 7, 1994, effective Oct. 1, 1994; Jan. 10, 1995, effective Feb. 1, 1995; June 5, 1996, effective Jan. 1, 1997; Dec. 10, 1996, effective Jan. 1, 1997; Apr. 8, 1997, effective July 1, 1997; Nov. 12, 2003, effective Jan. 1, 2004; April 5, 2005, effective July 1, 2005; May 8, 2007, effective July 1, 2007; Feb. 10, 2009, effective May 1, 2009; June 7, 2011, effective July 1, 2011.) MARYLAND RULES TITLE 1. GENERAL PROVISIONS CHAPTER 200. CONSTRUCTION, INTERPRETATION, AND DEFINITIONS

Md. Rule 1-203 (2012) Rule 1-203. Time (a) Computation of time after an act, event, or default. In computing any period of time prescribed by these rules, by rule or order of court, or by any applicable statute, the day of the act, event, or default after which the designated period of time begins to run is not included. If the period of time allowed is more than seven days, intermediate Saturdays, Sundays, and holidays are counted; but if the period of time allowed is seven days or less, intermediate Saturdays, Sundays, and holidays are not counted. The last day of the period so computed is included unless: (1) it is a Saturday, Sunday, or holiday, in which event the period runs until the end of the next day that is not a Saturday, Sunday, or holiday; or (2) the act to be done is the filing of a paper in court and the office of the clerk of that court on the last day of the period is not open, or is closed for a part of the day, in which event the period runs until the end of the next day that is not a Saturday, Sunday, holiday, or a day on which the office is not open during its regular hours. Committee note. -- This section supersedes Code, Article 1, 36 to the extent of any inconsistency. Cross references. -- For the definition of "holiday," see Rule 1-202. (b) Computation of time before a day, act, or event. In determining the latest day for performance of an act which is required by these rules, by rule or order of court, or by any applicable statute, to be performed a prescribed number of days before a certain day, act, or event, all days prior thereto, including intervening Saturdays, Sundays, and holidays, are counted in the number of days so prescribed. The latest day is included in the determination unless it is a Saturday, Sunday, or holiday, in which event the latest day is the first preceding day which is not a Saturday, Sunday, or holiday. (c) Additional time after service by mail. Whenever a party has the right or is required to do some act or take some proceeding within a prescribed period after service upon the party of a notice or other paper and service is made by mail, three days shall be added to the prescribed period. (d) Extension of time requirements upon the death of a party. Upon the death of a party, all time requirements under these rules applicable to that party shall be extended automatically from the date of death to the earlier of (1) 60 days after the date of death or (2) 15 days from the issuance of letters of administration by a court of competent jurisdiction. Before or after the expiration of an extension period under this section and upon a showing of good cause why a proper substitution was not made or could not have been made prior to the expiration of the extension and that a further extension will not unfairly prejudice the rights of any other party, the court may extend the time requirements applicable to the deceased party for an additional period commencing upon the expiration of the extension.

HISTORY: (Amended June 28, 1988, effective July 1, 1988; July 16, 1992; Dec. 10, 1996, effective Jan. 1, 1997; Apr. 8, 1997, effective July 1, 1997; May 9, 2000, effective July 1, 2000; Nov. 12, 2003, effective Jan. 1, 2004.) MARYLAND RULES TITLE 1. GENERAL PROVISIONS CHAPTER 200. CONSTRUCTION, INTERPRETATION, AND DEFINITIONS Md. Rule 1-204 (2012) Rule 1-204. Motion to shorten or extend time requirements (a) Generally. When these rules or an order of court require or allow an act to be done at or within a specified time, the court, on motion of any party and for cause shown, may (1) shorten the period remaining, (2) extend the period if the motion is filed before the expiration of the period originally prescribed or extended by a previous order, or (3) on motion filed after the expiration of the specified period, permit the act to be done if the failure to act was the result of excusable neglect. The court may not shorten or extend the time for filing a motion for judgment notwithstanding the verdict, a motion for new trial, a motion to alter or amend a judgment, a motion addressed to the revisory power of the court, a petition for judicial review, a notice of appeal, an application for leave to appeal, or an action to reject a health claims award or assessment of costs under Rule 15-403, or for taking any other action where expressly prohibited by rule or statute. (b) Ex parte order. The court may enter ex parte an order as provided for in subsections (a) (1) and (a) (2) of this Rule only if the motion sets forth (1) facts which satisfy the court that the moving party attempted but was unable to reach agreement with the opposing party and that the moving party notified or attempted to notify the opposing party of the time and place the moving party intends to confer with the court; or (2) facts which satisfy the court that the moving party would be prejudiced if required to comply with the requirements of subsection (b) (1) of this Rule. (c) Service of order. An order which shortens the time for responding to original process shall be served in the same manner as the original process. Other orders entered under this Rule shall be served in the manner provided by Rule 1-321. HISTORY: (Amended Apr. 7, 1986, effective July 1, 1986; Mar. 30, 1993, effective July 1, 1993; June 5, 1996, effective Jan. 1, 1997; Nov. 12, 2003, effective Jan. 1, 2004.) MARYLAND RULES TITLE 1. GENERAL PROVISIONS CHAPTER 300. GENERAL PROVISIONS Md. Rule 1-301 (2012) Rule 1-301. Form of court papers

(a) Caption and titling. Every pleading and paper filed shall contain a caption setting forth (1) the parties or, where appropriate, the matter, (2) the name of the court, (3) the assigned docket reference, and (4) a brief descriptive title of the pleading or paper which indicates its nature. An original pleading shall contain the names and addresses, including zip code, of all parties to the action if the names and addresses are known to the person filing the pleading. If the address of a party is unknown, the pleading shall so state. In other pleadings and papers, it is sufficient to state the name of the first party on each side with an appropriate indication of other parties. (b) Designation of parties and attorneys. (1) Parties -- Original claim. Regardless of the nature of the action, the party bringing an action shall be called the plaintiff and the party against whom the action is brought shall be called the defendant except in a criminal action the party bringing the action shall be called the State. (2) Parties -- Subsequent claims. The parties to a claim asserted after the plaintiff's original claim shall be called cross-plaintiff and cross-defendant as to a cross-claim; counter-plaintiff and counter-defendant as to a counterclaim; and third-party plaintiff and third-party defendant as to a third-party claim. (3) Appeals to a circuit court. In appeals to a circuit court the parties shall retain their original designations. (4) Attorney. Regardless of the nature of the action, the member of a bar who appears for a party shall be called attorney. (c) Size of papers -- Backers prohibited. Except as otherwise provided, any paper filed shall be 8 1/2 inches wide and 11 inches in length, shall have a top margin and left hand margin of not less than 1 1/2 inches, and shall be without a back or cover. (d) Legibility and durability. A paper and the writing on it shall be of permanent quality and the writing shall be legible. (e) Existing documents. Sections (a), (c), and (d) do not apply to any document already in existence which is filed as an exhibit to a pleading or paper. However, they do apply to any document prepared as an exhibit. (f) Verification and corporate seal unnecessary. Except when otherwise expressly provided by rule or statute, a pleading or paper need not be under affidavit, and, in the case of a pleading or paper filed by a corporation, need not be under the corporate seal. HISTORY: (Amended Nov. 12, 2003, effective Jan. 1, 2004.) MARYLAND RULES TITLE 1. GENERAL PROVISIONS CHAPTER 300. GENERAL PROVISIONS

Md. Rule 1-302 (2012) Rule 1-302. Forms Forms contained in the Appendix of Forms are intended to be illustrative and, unless otherwise expressly provided by rule or statute, are not mandatory. HISTORY: (Amended Feb. 10, 1998, eff. July 1, 1998.)

MARYLAND RULES TITLE 1. GENERAL PROVISIONS CHAPTER 300. GENERAL PROVISIONS Md. Rule 1-303 (2012) Rule 1-303. Form of oath Except as provided in Rule 16-819 (d)(3), whenever an oral oath is required by rule or law, the person making oath shall solemnly swear or affirm under the penalties of perjury that the responses given and statements made will be the whole truth and nothing but the truth. A written oath shall be in a form provided in Rule 1-304. HISTORY: (Amended Mar. 5, 2001, effective July 1, 2001; Oct. 31, 2002, effective Jan. 1, 2003.) MARYLAND RULES TITLE 1. GENERAL PROVISIONS CHAPTER 300. GENERAL PROVISIONS Md. Rule 1-304 (2012) Rule 1-304. Form of affidavit The statement of the affiant may be made before an officer authorized to administer an oath or affirmation, who shall certify in writing to having administered the oath or taken the affirmation, or may be made by signing the statement in one of the following forms: Generally. "I solemnly affirm under the penalties of perjury that the contents of the foregoing paper are true to the best of my knowledge, information, and belief." Personal Knowledge. "I solemnly affirm under the penalties of perjury and upon personal knowledge that the contents of the foregoing paper are true." MARYLAND RULES TITLE 1. GENERAL PROVISIONS CHAPTER 300. GENERAL PROVISIONS

Md. Rule 1-311 (2012) Rule 1-311. Signing of pleadings and other papers (a) Requirement. Every pleading and paper of a party represented by an attorney shall be signed by at least one attorney who has been admitted to practice law in this State and who complies with Rule 1-312. Every pleading and paper of a party who is not represented by an attorney shall be signed by the party. Every pleading or paper filed shall contain the signer's address, telephone number, facsimile number, if any, and e-mail address, if any. Committee note. -- The requirement that a pleading contain a facsimile number, if any, and e-mail address, if any, does not alter the filing or service rules or time periods triggered by the entry of a judgment. See Blundon v. Taylor, 364 Md. 1 (2001). (b) Effect of signature. The signature of an attorney on a pleading or paper constitutes a certification that the attorney has read the pleading or paper; that to the best of the attorney's knowledge, information, and belief there is good ground to support it; and that it is not interposed for improper purpose or delay. (c) Sanctions. If a pleading or paper is not signed as required (except inadvertent omission to sign, if promptly corrected) or is signed with intent to defeat the purpose of this Rule, it may be stricken and the action may proceed as though the pleading or paper had not been filed. For a wilful violation of this Rule, an attorney is subject to appropriate disciplinary action. HISTORY: (Amended Nov. 12, 2003, effective Jan. 1, 2004; amended April 5, 2005, effective July 1, 2005; amended October 20, 2010, effective October 20, 2010; amended June 7, 2011, effective July 1, 2011.) MARYLAND RULES TITLE 1. GENERAL PROVISIONS CHAPTER 300. GENERAL PROVISIONS Md. Rule 1-312 (2012) Rule 1-312. Requirements of signing attorney (a) General. In addition to having been admitted to practice law in this State, an attorney signing a pleading or paper in compliance with Rule 1-311 shall comply with one of the following three requirements. The attorney shall: (1) maintain an office for the practice of law in the United States; (2) be a regular employee of an agency of government or of a business or other nongovernmental organization or association and be authorized to sign pleadings on behalf of the employer. The attorney shall not sign pleadings and papers on behalf of other clients unless both of the following

requirements are met: (A) a substantial portion of the attorney's duties performed for the regular employer in the regular course of employment must constitute the practice of law, and (B) the office address as shown on the pleadings must be located in the United States and a substantial amount of the attorney's time must be spent in that office during ordinary business hours in the traditional work week; or (3) have a practice limited exclusively to participation in a legal services or pro bono publico program sponsored or supported by a local Bar Association as defined by Rule 16-811 e 1, the Maryland State Bar Association, an affiliated bar foundation, or the Maryland Legal Services Corporation, and the attorney shall include on the pleading or paper the address and telephone number of (A) the legal services or pro bono publico program in which the attorney is practicing, or (B) the attorney's primary residence, which shall be in the United States. Cross references. -- Rule 16-811 e 2. (b) Definition of "office for the practice of law". In this Rule, "office for the practice of law" means an office maintained for the practice of law in which a substantial amount of the attorney's time is usually devoted to the practice of law during ordinary business hours in the traditional work week. An attorney is deemed to be "in" such an office even though temporarily absent from it if the duties of law practice are actively conducted by the attorney from that office. HISTORY: (Amended Apr. 7, 1986, effective July 1, 1986; Sept. 11, 1995, effective Jan. 1, 1996; June 5, 1996, effective Jan. 1, 1997; Dec. 4, 2007, effective Jan. 1, 2008.) MARYLAND RULES TITLE 1. GENERAL PROVISIONS CHAPTER 300. GENERAL PROVISIONS Md. Rule 1-313 (2012) Rule 1-313. Certification by signing attorney with out-of-state office If an attorney signing a pleading or paper in compliance with Rule 1-311 does not maintain an office for the practice of law in this State, the first pleading or paper signed by the attorney and filed in the action shall be accompanied by the attorney's signed certification of admission to practice law in this State.

MARYLAND RULES TITLE 1. GENERAL PROVISIONS CHAPTER 300. GENERAL PROVISIONS Md. Rule 1-321 (2012) Rule 1-321. Service of pleadings and papers other than original pleadings (a) Generally. Except as otherwise provided in these rules or by order of court, every pleading

and other paper filed after the original pleading shall be served upon each of the parties. If service is required or permitted to be made upon a party represented by an attorney, service shall be made upon the attorney unless service upon the party is ordered by the court. Service upon the attorney or upon a party shall be made by delivery of a copy or by mailing it to the address most recently stated in a pleading or paper filed by the attorney or party, or if not stated, to the last known address. Delivery of a copy within this Rule means: handing it to the attorney or to the party; or leaving it at the office of the person to be served with an individual in charge; or, if there is no one in charge, leaving it in a conspicuous place in the office; or, if the office is closed or the person to be served has no office, leaving it at the dwelling house or usual place of abode of that person with some individual of suitable age and discretion who is residing there. Service by mail is complete upon mailing. (b) Party in default -- Exception. No pleading or other paper after the original pleading need be served on a party in default for failure to appear except a pleading asserting a new or additional claim for relief against the party which shall be served in accordance with the rules for service of original process. (c) Requests to clerk -- Exception. A request directed to the clerk for the issuance of process or any writ need not be served on any party. HISTORY: (Amended Nov. 12, 2003, effective Jan. 1, 2004.) MARYLAND RULES TITLE 1. GENERAL PROVISIONS CHAPTER 300. GENERAL PROVISIONS Md. Rule 1-322 (2012) Rule 1-322. Filing of pleadings and other items (a) Generally. The filing of pleadings and other items with the court shall be made by filing them with the clerk of the court, except that a judge of that court may accept the filing, in which event the judge shall note on the item the filing date and then forthwith transmit the item to the office of the clerk. No item may be filed directly by electronic transmission, except (1) pursuant to an electronic filing system approved under Rule 16-307 or 16-506, (2) as permitted by Rule 14-209.1, or (3) as provided in section (b) of this Rule. (b) Electronic transmission of mandates of the U.S. Supreme Court. A Maryland court shall accept a mandate of the Supreme Court of the United States transmitted by electronic means unless the court does not have the technology to receive it in the form transmitted, in which event the clerk shall promptly so inform the Clerk of the Supreme Court and request an alternative method of transmission. The clerk of the Maryland court may request reasonable verification of the authenticity of a mandate transmitted by electronic means. (c) Photocopies; facsimile copies. A photocopy or facsimile copy of a pleading or paper, once filed with the court, shall be treated as an original for all court purposes. The attorney or party filing the copy shall retain the original from which the filed copy was made for production to the court upon

the request of the court or any party. HISTORY: (Amended March 22, 1991, effective July 1, 1991; June 5, 1995, effective July 1, 1995; June 5, 1996, effective January 1, 1997; October 31, 2002, effective January 1, 2003; November 12, 2003, effective January 1, 2004; amended October 20, 2010, effective January 1, 2011.) MARYLAND RULES TITLE 1. GENERAL PROVISIONS CHAPTER 300. GENERAL PROVISIONS Md. Rule 1-323 (2012) Rule 1-323. Proof of service The clerk shall not accept for filing any pleading or other paper requiring service, other than an original pleading, unless it is accompanied by an admission or waiver of service or a signed certificate showing the date and manner of making service. A certificate of service is prima facie proof of service. MARYLAND RULES TITLE 1. GENERAL PROVISIONS CHAPTER 300. GENERAL PROVISIONS Md. Rule 1-324 (2012) Rule 1-324. Notice of orders Upon entry on the docket of any order or ruling of the court not made in the course of a hearing or trial, the clerk shall send a copy of the order or ruling to all parties entitled to service under Rule 1-321, unless the record discloses that such service has already been made. This Rule does not apply to show cause orders and does not abrogate the requirement for notice of a summary judgment set forth in Rule 2-501 (f). HISTORY: (Amended Apr. 7, 1986, effective July 1, 1986; Dec. 8, 2003, effective July 1, 2004.) MARYLAND RULES TITLE 1. GENERAL PROVISIONS CHAPTER 300. GENERAL PROVISIONS Md. Rule 1-325 (2012) Rule 1-325. Filing fees and costs -- Indigency (a) Generally. A person unable by reason of poverty to pay any filing fee or other court costs ordinarily required to be prepaid may file a request for an order waiving the prepayment of those costs. The person shall file with the request an affidavit verifying the facts set forth in that person's pleading, notice of appeal, application for leave to appeal or request for process, and stating the grounds for entitlement to the waiver. If the person is represented by an attorney, the request and

affidavit shall be accompanied by the attorney's signed certification that the claim, appeal, application, or request for process is meritorious. The court shall review the papers presented and may require the person to supplement or explain any of the matters set forth in the papers. If the court is satisfied that the person is unable by reason of poverty to pay the filing fee or other court costs ordinarily required to be prepaid and the claim, appeal, application, or request for process is not frivolous, it shall waive by order the prepayment of such costs. Committee note. -- The term "other court costs" in section (a) of this Rule includes the compensation, fees, and costs of a master or examiner. See Rules 2-541 (i), 2-542 (i), 2-603 (e), and 9-208 (j). (b) Appeals where public defender representation denied -- Payment by State. The court shall order the State to pay the court costs related to an appeal or an application for leave to appeal and the costs of preparing any transcript of testimony, brief, appendices, and record extract necessary in connection with the appeal, in any case in which (1) the Public Defender's Office is authorized by these rules or other law to represent a party, (2) the Public Defender has declined representation of the party, and (3) the party is unable by reason of poverty to pay those costs. HISTORY: (Amended Nov. 19, 1987, effective July 1, 1988; June 3, 1988, effective July 1, 1988; June 4, 1991, effective July 1, 1991; June 6, 2000, effective Oct. 1, 2000; Mar. 5, 2001, effective July 1, 2001.) MARYLAND RULES TITLE 1. GENERAL PROVISIONS CHAPTER 300. GENERAL PROVISIONS Md. Rule 1-326 (2012) Rule 1-326. Proceedings regarding victims and victims' representatives (a) Entry of appearance. An attorney may enter an appearance on behalf of a victim or a victim's representative in a proceeding under Title 4, Title 8, or Title 11 of these Rules for the purpose of representing the rights of the victim or victim's representative. (b) Service of pleadings and papers. A party shall serve, pursuant to Rule 1-321 on counsel for a victim or a victim's representative, copies of all pleadings or papers that relate to: (1) the right of the victim or victim's representative to be informed regarding the criminal or juvenile delinquency case, (2) the right of the victim or victim's representative to be present and heard at any hearing, or (3) restitution. Any additional pleadings and papers shall be served only if the court directs. (c) Duties of clerk. The clerk shall (1) send to counsel for a victim or victim's representative a copy of any court order relating to the rights of the victim referred to in section (b) of this Rule and (2) notify counsel for a victim or a victim's representative of any hearing that may affect the rights of the victim or victim's representative. HISTORY: (Added Nov. 8, 2005, effective Jan. 1, 2006; amended Dec. 4, 2007, effective Jan. 1, 2008; June 7, 2011, effective July 1, 2011.)

MARYLAND RULES TITLE 1. GENERAL PROVISIONS CHAPTER 300. GENERAL PROVISIONS Md. Rule 1-331 (2012) Rule 1-331. Attorney may act for party Unless otherwise expressly provided and when permitted by law, a party's attorney may perform any act required or permitted by these rules to be performed by that party. When any notice is to be given by or to a party, the notice may be given by or to the attorney for that party. MARYLAND RULES TITLE 1. GENERAL PROVISIONS CHAPTER 300. GENERAL PROVISIONS Md. Rule 1-332 (2012) Rule 1-332. Notification of need for accommodation A person requesting an accommodation under the Americans With Disabilities Act, 42 U.S.C. 12101, et seq., for an attorney, a party, or a witness shall notify the court promptly. As far as practicable, a request for an accommodation shall be (1) presented on a form approved by administrative order of the Court of Appeals and available from the clerk of the court and (2) submitted not less than 30 days before the proceeding for which the accommodation is requested. HISTORY: (Added June 7, 1994, effective Oct. 1, 1994; amended April 5, 2005, effective July 1, 2005; amended Sept. 10, 2009, effective Oct. 1, 2009.) MARYLAND RULES TITLE 1. GENERAL PROVISIONS CHAPTER 300. GENERAL PROVISIONS Md. Rule 1-341 (2012) Rule 1-341. Bad faith -- Unjustified proceeding In any civil action, if the court finds that the conduct of any party in maintaining or defending any proceeding was in bad faith or without substantial justification the court may require the offending party or the attorney advising the conduct or both of them to pay to the adverse party the costs of the proceeding and the reasonable expenses, including reasonable attorney's fees, incurred by the adverse party in opposing it. MARYLAND RULES TITLE 1. GENERAL PROVISIONS CHAPTER 300. GENERAL PROVISIONS

Md. Rule 1-351 (2012) Rule 1-351. Order upon ex parte application prohibited -- Exceptions No court shall sign any order or grant any relief in an action upon an ex parte application unless: (a) an ex parte application is expressly provided for or necessarily implied by these rules or other law, or (b) the moving party has certified in writing that all parties who will be affected have been given notice of the time and place of presentation of the application to the court or that specified efforts commensurate with the circumstances have been made to give notice. HISTORY: (Amended Nov. 23, 1988, effective Jan. 1, 1989; June 5, 1996, effective Jan. 1, 1997; February 8, 2005, effective July 1, 2005; June 7, 2011, effective July 1, 2011.) MARYLAND RULES TITLE 1. GENERAL PROVISIONS CHAPTER 300. GENERAL PROVISIONS Md. Rule 1-361 (2012) Rule 1-361. Execution of warrants and body attachments (a) Generally. A person arrested on a warrant or taken into custody on a body attachment shall be brought before the judicial officer designated in the specific instructions in the warrant or body attachment. Cross references. -- See Rules 4-102, 4-212, and 4-347 concerning warrants. See Rules 1-202, 2510, 3-510, 4-266, and 4-267 concerning body attachments. (b) Warrants Without Specific Instructions. If a warrant for arrest issued by a judge does not contain specific instructions designating the judicial officer before whom the arrested person is directed to appear: (1) The person arrested shall be brought without unnecessary delay, and in no event later than 24 hours after the arrest, before a judicial officer of the District Court sitting in the county where the arrest was made, and (2) The judicial officer shall determine the person's eligibility for release, establish any conditions of release, and direct how the person shall be brought before the judge who issued the warrant. (c) Body Attachments Without Specific Instructions. If a body attachment does not specify what is to be done with the person taken into custody, the person shall be brought without unnecessary delay before the judge who issued the attachment. If the court is not in session when the person is

taken into custody, the person shall be brought before the court at its next session. If the judge who issued the attachment is not then available, the person shall be brought before another judge of the court that issued the attachment. That judge shall determine the person's eligibility for release, establish any conditions of release, and direct how the person shall be brought before the judge who issued the attachment. HISTORY: (Amended Oct. 31, 2002, effective Jan. 1, 2003.) MARYLAND RULES TITLE 1. GENERAL PROVISIONS CHAPTER 400. BOND Md. Rule 1-401 (2012) Rule 1-401. Applicability This chapter applies to any bond filed in a civil action. MARYLAND RULES TITLE 1. GENERAL PROVISIONS CHAPTER 400. BOND Md. Rule 1-402 (2012) Rule 1-402. Filing and approval (a) Filing; surety. Every bond shall be filed with the clerk. Unless otherwise expressly provided, there shall be a surety on every bond filed. (b) Approval. Except as provided in this section, a bond is subject to approval by the clerk as to form, amount, and surety. If the clerk refuses to approve the bond, if an adverse party objects in writing to the bond, or if a rule requires that the court approve the bond, the bond is subject to approval by the court, after notice and an opportunity for any hearing the court may direct. (c) Bond in name of State. When the obligees on a bond are numerous, the court may permit a bond to be given in the name of the State for the benefit of the obligees. Any independent action on the bond or proceeding pursuant to Rule 1-404 shall be brought in the name of the State for the benefit of the party in interest. (d) Increase or decrease in face amount of bond. At any time for good cause shown, the court may require an increase or decrease in the face amount of a bond. The approval of a new bond does not discharge a bond previously filed from any liability which accrued before the change was approved. (e) Security instead of surety. Instead of a surety on a bond, the court may accept other security for the performance of a bond, including letters of credit, escrow agreements, certification of deposit,

marketable securities, liens on real property, and cash deposits. When other security is accepted, it may not be released except upon order of court entered after notice to all parties. (f) Additional or different collateral security. Upon a finding that the collateral security originally deposited, pledged, or encumbered is insufficient to ensure collection of the penalty sum of the bond, the court, on motion or on its own initiative and after notice and opportunity for hearing, may require additional or different collateral security. (g) Recording. Every approved bond shall be recorded by the clerk. HISTORY: (Amended Sept. 10, 2009, effective Oct. 1, 2009.) MARYLAND RULES TITLE 1. GENERAL PROVISIONS CHAPTER 400. BOND Md. Rule 1-403 (2012) Rule 1-403. Relief to surety and interested persons (a) Motion by surety. When a surety on a bond files a motion to require the principal to give counter-security or to be relieved as surety for future acts or omissions of the principal, the court may grant the motion for good cause shown. In the event the court grants the motion, it may order any other relief against the principal appropriate to protect the obligees thereafter and, except the District Court, may order injunctive relief or periodic accountings. (b) Motion by other interested person. For good cause shown, any person having a beneficial interest in a bond filed in an action may file a motion for additional surety, removal of an existing surety, or substitution of a new surety. In addition to granting the motion, the court may order any other relief against the principal that is appropriate to protect the person with the beneficial interest and, except the District Court, may order injunctive relief or periodic accountings. MARYLAND RULES TITLE 1. GENERAL PROVISIONS CHAPTER 400. BOND Md. Rule 1-404 (2012) Rule 1-404. Proceeding against surety Upon the filing of a bond with the clerk any surety on the bond submits to the jurisdiction of the court and irrevocably appoints the clerk as agent to receive service of any papers affecting the surety's liability on the bond. The liability of the surety may be enforced on motion without the necessity of an independent action. A motion filed pursuant to this Rule may be served on the clerk who shall promptly notify the surety by mailing a copy of the motion to the surety at the address provided on the bond. The court may provide for additional notice to the surety. HISTORY: (Amended Nov. 12, 2003, effective Jan. 1, 2004.)

MARYLAND RULES TITLE 1. GENERAL PROVISIONS CHAPTER 400. BOND Md. Rule 1-405 (2012) Rule 1-405. Judgment on bond In an action or proceeding upon a bond, judgment shall be for the amount due, but may not exceed the face amount of the bond. MARYLAND RULES TITLE 1. GENERAL PROVISIONS CHAPTER 400. BOND Md. Rule 1-406 (2012) Rule 1-406. Bond premium as costs Upon request of the party entitled to costs the premium for a bond required to be filed in an action shall be included in costs. MARYLAND RULES TITLE 1. GENERAL PROVISIONS CHAPTER 500. IMPEACHMENT OF WITNESSES Md. Rule 1-501 (2012) Rule 1-501. Who may impeach Rescinded, effective July 1, 1994. MARYLAND RULES TITLE 1. GENERAL PROVISIONS CHAPTER 500. IMPEACHMENT OF WITNESSES Md. Rule 1-502 (2012) Rule 1-502. Impeachment by evidence of conviction of crime Rescinded, effective July 1, 1994. MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 100. COMMENCEMENT OF ACTION AND PROCESS Md. Rule 2-101 (2012)

Rule 2-101. Commencement of action (a) Generally. A civil action is commenced by filing a complaint with a court. (b) After Certain Dismissals by a United States District Court or a Court of Another State. Except as otherwise provided by statute, if an action is filed in a United States District Court or a court of another state within the period of limitations prescribed by Maryland law and that court enters an order of dismissal (1) for lack of jurisdiction, (2) because the court declines to exercise jurisdiction, or (3) because the action is barred by the statute of limitations required to be applied by that court, an action filed in a circuit court within 30 days after the entry of the order of dismissal shall be treated as timely filed in this State. Cross references. -- Code, Courts Article, 5-115. (c) After Dismissal by the District Court of Maryland for Lack of Subject Matter Jurisdiction. If an action is filed in the District Court of Maryland within the period of limitations prescribed by Maryland law and the District Court dismisses the action for lack of subject matter jurisdiction, an action filed in a circuit court within 30 days after the entry of the order of dismissal shall be treated as timely filed in the circuit court. HISTORY: (Amended May 14, 1992, effective July 1, 1992; Nov. 12, 2003, effective Jan. 1, 2004.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 100. COMMENCEMENT OF ACTION AND PROCESS Md. Rule 2-111 (2012) Rule 2-111. Process -- Requirements preliminary to summons (a) Information report. Except as otherwise provided by administrative order of the Chief Judge of the Court of Appeals approved by the Court of Appeals, the plaintiff shall file with the complaint an information report substantially in the form available from the clerk pursuant to Rule 16-202 b. If the plaintiff fails to file a required information report with the complaint, the court may proceed without the plaintiff's information to assign the action to any track within the court's differentiated case management system. Committee note. -- By revised administrative order of the Chief Judge approved by the Court of Appeals on December 2, 2005 effective December 2, 2005, an information report is not required to be filed with a complaint within the following categories: (1) Appeal from District Court (Rules 7-101 through 7-116); (2) Appeal from orphans' court (Code, Courts Article, 12-502);

(3) Certiorari in circuit court (Rule 7-301); (4) Judicial review of administrative agency decision (Rules 7-201 through 7-210); (5) Transfer from District Court on jury trial prayer (Rule 2-326); (6) Confessed judgment (Rule 2-611); (7) Contempt for failure to pay child support, when filed by a government agency; (8) Dishonored instrument -- on transfer from District Court (Code, Commercial Law Article, 15-802); (9) Domestic violence relief under Code, Family Law Article, 4-501 through 4-516, including Rule 3-326(c) transfer; (10) Friendly suit; (11) Juvenile cause, other than action to terminate parental rights and related adoption or to expunge criminal record (Rules 11-101 through 11-122); and (12) The following special proceedings: (a) Absent person -- termination of property interest (Code, Courts Article, 3-101 through 3110); (b) Burial ground sale (Rule 14-401); (c) Condemnation, when filed by State Roads Commission for unaccelerated quick-take (Code, Transportation Article, 8-318 through 8-321); (d) Contempt, civil or criminal, other than for violation of order or judgment entered under Code, Family Law Article (Rules 15-201 through 15-208); (e) Fiduciary estate (Rules 10-501 through 10-712); (f) Foreclosure (Rules 14-201 through 14-210); (g) Guardianship, other than action to terminate parental rights (Rules 10-201 through 10-305); (h) Habeas corpus (Rules 15-301 through 15-312); (i) Judicial release from confinement for mental disorder (Rule 15-601); (j) Judicial sale (Rules 14-301 through 14-306);

(k) Lien instrument -- action to release (Rule 12-103); (l) Lis pendens -- proceeding to establish or terminate (Rule 12-102); (m) Maryland Automobile Insurance Fund or uninsured motorist -- action against (Rules 15-801 through 15-805); (n) Maryland Uniform Interstate Family Support Act (Code, Family Law Article, 10-301 through 10-359); (o) Mechanics' lien (Rules 12-301 through 12-308); (p) Name change, other than in connection with adoption or divorce (Rule 15-901); (q) Paternity, when filed by government agency (Code, Family Law Article, 5-1001 through 51048); (r) Post conviction (Rules 4-401 through 4-408); and (s) Tax sale (Rules 14-501 through 14-506; Code, Tax - Property Article, 14-801 through 14854). (b) Summons. For each summons to be issued, the plaintiff shall furnish to the clerk a copy of the complaint, a copy of each exhibit or other paper filed with the complaint, and a copy of the information report specified in section (a) of this Rule. (c) Instructions for the sheriff. A person requesting service of process by the sheriff shall furnish to the clerk all available information as to the name and location, including the county where service is to be made, of the person to be served. The information required by this section may be included in the caption of the case. HISTORY: (Amended June 7, 1994, effective Oct. 1, 1994; Jan. 10, 1995, effective Feb. 1, 1995; June 5, 1996, effective Jan. 1, 1997; Dec. 10, 1996, effective Jan. 1, 1997; Dec. 2, 2005, effective Dec. 2, 2005.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 100. COMMENCEMENT OF ACTION AND PROCESS Md. Rule 2-112 (2012) Rule 2-112. Process -- Issuance of summons (a) Summons. Upon the filing of the complaint, the clerk shall issue forthwith a summons for each defendant and shall deliver it, together with a copy of each paper filed and a blank copy of the information report form required to be provided by Rule 16-202 b, to the sheriff or other person

designated by the plaintiff. Upon request of the plaintiff, more than one summons shall issue for a defendant. (b) Delivery to another county. When process is to be served by the sheriff of another county, the clerk may send the process to that sheriff for service. If a party requests personal delivery of the process at that party's expense to the sheriff of another county, the clerk shall furnish the process to a person designated by the party and approved by the clerk to make delivery. HISTORY: (Amended June 7, 1994, effective Oct. 1, 1994; June 5, 1996, effective Jan. 1, 1997; Nov. 12, 2003, effective Jan. 1, 2004.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 100. COMMENCEMENT OF ACTION AND PROCESS Md. Rule 2-113 (2012) Rule 2-113. Process -- Duration, dormancy, and renewal of summons A summons is effective for service only if served within 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. MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 100. COMMENCEMENT OF ACTION AND PROCESS Md. Rule 2-114 (2012) Rule 2-114. Process -- Content (a) Generally. All process shall be under the seal of the court and signed by the clerk. (b) Summons. A summons shall contain (1) the name of the court and the assigned docket reference, (2) the name and address of the party requesting the summons, (3) the name and address of the person to be served as set forth in the complaint, (4) the date of issue, (5) the time within which it must be served, (6) the time within which the defendant must file a response to the complaint by pleading or motion, (7) notification to the defendant that failure to file the response within the time allowed may result in a judgment by default or the granting of the relief sought, and (8) the time within which the return of service shall be made. MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 100. COMMENCEMENT OF ACTION AND PROCESS Md. Rule 2-115 (2012)

Rule 2-115. Attachment before judgment (a) Request for writ. At the time of filing a complaint commencing an action or while the action is pending, a plaintiff entitled by statute to attachment before judgment may file a request for an order directing the issuance of a writ of attachment for levy or garnishment of property or credits of the defendant. The request may be made ex parte. The plaintiff shall file with the request an affidavit verifying the facts set forth in the complaint and stating the grounds for entitlement to the writ. The request and affidavit need not be served pursuant to Rule 1-321 at the time of filing. Cross references. -- Code, Courts Art. 3-302, 3-303, 3-304, 3-305. (b) Single action. The request for the writ of attachment shall be filed in the same action as the complaint. The complaint and the request for the writ of attachment and all further proceedings shall constitute a single action and shall be docketed accordingly. Committee note. -- This section abolishes a former practice of having two separate cases, the "short note case" and the "attachment case." (c) Proceedings on request for writ. The court shall review the complaint, any exhibits, and the supporting affidavit. The court may require the plaintiff to supplement or explain any of the matters set forth in the documents or to provide further information regarding the property to be attached. If the court determines that the plaintiff is entitled to the writ of attachment, it shall order issuance of the writ conditioned on the filing of a bond by the plaintiff for the satisfaction of all costs and damages that may be awarded the defendant or a claimant of the property by reason of the attachment. The order shall prescribe the amount and security of the bond. (d) Issuance of writ. Upon entry of the order and the filing of the bond, the clerk shall issue one or more writs of attachment and shall attach to each writ a copy of the supporting affidavit filed with the request. When the writ directs a levy on the property of the defendant, the procedure shall be in accordance with Rules 2-641 and 2-642. When the writ directs a garnishment of property or credits of the defendant, the procedure shall be in accordance with Rule 2-645, except that no judgment shall be entered against the garnishee until a judgment is entered for the plaintiff on the claim. In applying Rules 2-641, 2-642, and 2-645, the plaintiff shall be treated as a judgment creditor and the defendant shall be treated as a judgment debtor, and a statement of the amount of the plaintiff's claim shall be treated as a statement of the amount owed under the judgment. (e) Proceedings on complaint. If the request for the writ of attachment accompanies the complaint, the clerk shall issue a summons pursuant to Rule 2-112 upon the filing of the complaint. If the whereabouts of the defendant are unknown or the summons is not served despite reasonable efforts to effect service and if the defendant does not voluntarily appear, the plaintiff may seek an order of publication pursuant to Rule 2-122 for in rem jurisdiction. The court may provide for additional notice to the defendant by any means it deems appropriate. (f) Dissolution of attachment for lack of service. An attachment made before service of original process dissolves 60 days after making the levy or serving the garnishee unless before that time the

summons is served upon the defendant or first publication is made pursuant to Rule 2-122, provided that publication is subsequently completed. Upon request made within the initial 60 day period, the court for good cause may extend the attachment for not more than 60 additional days to permit service to be made or publication commenced pursuant to this section. (g) Release of property or dissolution of attachment. A defendant who has appeared may obtain release of the attached property by posting a bond in an amount equal to the value of the property, as determined by the court, or in the amount of the plaintiff's claim, whichever is less, conditioned upon satisfaction of any judgment that may be recovered. Upon motion of a defendant who has appeared, the court may release some or all of the attached property if it finds that (1) the complaint has been dismissed or settled, (2) the plaintiff has failed to comply with the provisions of this Rule or an order of court regarding these proceedings, (3) the plaintiff fails to demonstrate the probability of success on the merits, (4) property of sufficient value to satisfy the claim and probable costs will remain subject to the attachment after the release, or (5) the attachment of the specific property will cause undue hardship to the defendant and the defendant has delivered to the sheriff or made available for levy alternative property sufficient in value to satisfy the claim and probable costs. Upon motion of a defendant or garnishee, the court may release some or all of the attached property on the ground that by law the property is automatically exempt from attachment without the necessity of election or it may dissolve the attachment on the ground that the plaintiff is not entitled to attachment before judgment. If the motion is filed before the defendant's answer is due pursuant to Rule 2-321, its filing shall be treated as an appearance for that purpose only. A party desiring a hearing on a motion filed pursuant to this section shall so request in the motion or response and, if requested, a hearing shall be held promptly. (h) Claim of property by third person. When attached property is claimed by a person other than the defendant, the claimant may proceed pursuant to Rule 2-643 (e). (i) Retention of levied or garnished property. All property and funds coming into the possession of the sheriff by virtue of an attachment shall be retained during the pendency of the action unless otherwise directed by the court. At the request of either party, the court may direct the sale or other disposition of any perishable property upon such terms and conditions as it deems just. (j) Judgment for defendant. If judgment is entered for the defendant, the court shall dissolve the attachment. On motion, the court shall then assess and enter judgment for any damages sustained by the defendant by reason of the attachment. (k) Judgment for plaintiff. If personal jurisdiction was not obtained over the defendant, any judgment for the plaintiff shall be an in rem judgment against the attached property, and entry and satisfaction of the judgment will not bar further pursuit of the plaintiff's claim in the same or another action for any unpaid balance. When judgment is entered for the plaintiff, any funds paid to or collected by the sheriff and the proceeds of any pre-judgment sales of attached property shall be applied toward satisfaction of the judgment and the court shall order the sale of any other

attached property to the extent necessary to satisfy the judgment. If personal jurisdiction was obtained over the defendant, the plaintiff may enforce the judgment as provided in Chapter 600 to the extent it remains unsatisfied after application of the proceeds from the attachment. HISTORY: (Amended Apr. 7, 1986, effective July 1, 1986; July 16, 1992.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 100. COMMENCEMENT OF ACTION AND PROCESS Md. Rule 2-121 (2012) Rule 2-121. Process -- Service -- In personam (a) Generally. Service of process may be made within this State or, when authorized by the law of this State, outside of this State (1) by delivering to the person to be served a copy of the summons, complaint, and all other papers filed with it; (2) if the person to be served is an individual, by leaving a copy of the summons, complaint, and all other papers filed with it at the individual's dwelling house or usual place of abode with a resident of suitable age and discretion; or (3) by mailing to the person to be served a copy of the summons, complaint, and all other papers filed with it by certified mail requesting: "Restricted Delivery -- show to whom, date, address of delivery." Service by certified mail under this Rule is complete upon delivery. Service outside of the State may also be made in the manner prescribed by the court or prescribed by the foreign jurisdiction if reasonably calculated to give actual notice. (b) Evasion of service. When proof is made by affidavit that a defendant has acted to evade service, the court may order that service be made by mailing a copy of the summons, complaint, and all other papers filed with it to the defendant at the defendant's last known residence and delivering a copy of each to a person of suitable age and discretion at the place of business of the defendant. (c) By order of court. When proof is made by affidavit that good faith efforts to serve the defendant pursuant to section (a) of this Rule have not succeeded and that service pursuant to section (b) of this Rule is inapplicable or impracticable, the court may order any other means of service that it deems appropriate in the circumstances and reasonably calculated to give actual notice. (d) Methods not exclusive. The methods of service provided in this Rule are in addition to and not exclusive of any other means of service that may be provided by statute or rule for obtaining jurisdiction over a defendant. HISTORY: (Amended Oct. 5, 1999; Nov. 12, 2003, effective Jan. 1, 2004.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 100. COMMENCEMENT OF ACTION AND PROCESS Md. Rule 2-122 (2012)

Rule 2-122. Process -- Service -- In rem or quasi in rem (a) Service by posting or publication. In an in rem or quasi in rem action when the plaintiff has shown by affidavit that the whereabouts of the defendant are unknown and that reasonable efforts have been made in good faith to locate the defendant, the court may order service by the mailing of a notice to the defendant's last known address and: (1) by the posting of the notice by the sheriff at the courthouse door or on a bulletin board within its immediate vicinity, or (2) by publishing the notice at least once a week in each of three successive weeks in one or more newspapers of general circulation published in the county in which the action is pending, or (3) in an action in which the rights relating to land including leasehold interests are involved, by the posting of the notice by a person authorized to serve process in accordance with Rule 2-123 (a) in a conspicuous place on the land. Additionally, the court may order any other means of notice that it deems appropriate in the circumstances. (b) Time. The mailing and the posting or publication shall be accomplished at least 30 days before the date by which a response to the complaint is to be filed. (c) Content of notice. The notice shall be signed by the clerk and shall include the caption of the case; describe the substance of the complaint and the relief sought; inform the defendant of the latest date by which the response is to be filed; warn the defendant that failure to file the response within the time allowed may result in a judgment by default or the granting of the relief sought; and contain any other information required by the court. HISTORY: (Amended by order July 22, 2008, effective July 23, 2008.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 100. COMMENCEMENT OF ACTION AND PROCESS Md. Rule 2-123 (2012) Rule 2-123. Process -- By whom served (a) Generally. Service of process may be made by a sheriff or, except as otherwise provided in this Rule, by a competent private person, 18 years of age or older, including an attorney of record, but not by a party to the action. (b) Sheriff. All process requiring execution other than delivery, mailing, or publication shall be executed by the sheriff of the county where execution takes place, unless the court orders otherwise.

(c) Elisor. When the sheriff is a party to or interested in an action so as to be disqualified from serving or executing process, the court, on application of any interested party, may appoint an elisor to serve or execute the process. The appointment shall be in writing, signed by a judge, and filed with the clerk issuing the process. The elisor has the same power as the sheriff to serve or execute the process for which the elisor was appointed and is entitled to the same fees. MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 100. COMMENCEMENT OF ACTION AND PROCESS Md. Rule 2-124 (2012) Rule 2-124. Process -- Persons to be served (a) Statutes not abrogated. The provisions of this Rule do not abrogate any statute permitting or requiring service on a person. Committee note. -- Examples of statutes permitting or requiring service on a person include the Maryland Tort Claims Act, Code, State Government Article, 12-108 (a) (service of a complaint is sufficient only when made upon the Treasurer of the State); Code, Insurance Article, 4-107 (service on certain insurance companies is effected by serving the Insurance Commissioner); Code, Business Regulation Article, 4-402 (service on a non-resident "athlete agent" is effected by serving the Secretary of Labor, Licensing, and Regulation); Code, Business Regulation Article, 6-202 (service on certain nonresident charitable organizations is effected by serving the Secretary of State); and Code, Courts Article, 3-405 (notice to the Attorney General is required immediately after a declaratory judgment action is filed alleging that a statute, municipal or county ordinance, or franchise is unconstitutional). (b) Individual. Service is made upon an individual by serving the individual or an agent authorized by appointment or by law to receive service of process for the individual. (c) Individual under disability. Service is made upon an individual under disability by serving the individual and, in addition, by serving the parent, guardian, or other person having care or custody of the person or estate of the individual under disability. (d) Corporation. Service is made upon a corporation, incorporated association, or joint stock company by serving its resident agent, president, secretary, or treasurer. If the corporation, incorporated association, or joint stock company has no resident agent or if a good faith attempt to serve the resident agent, president, secretary, or treasurer has failed, service may be made by serving the manager, any director, vice president, assistant secretary, assistant treasurer, or other person expressly or impliedly authorized to receive service of process. (e) General partnership. Service made upon a general partnership sued in its group name in an action pursuant to Code, Courts Article, 6-406 by serving any general partner. (f) Limited partnership. Service is made upon a limited partnership by serving its resident agent. If

the limited partnership has no resident agent or if a good faith attempt to serve the resident agent has failed, service may be made upon any general partner or other person expressly or impliedly authorized to receive service of process. (g) Limited liability partnership. Service is made upon a limited liability partnership by serving its resident agent. If the limited liability partnership has no resident agent or if a good faith attempt to serve the resident agent has failed, service may be made upon any other person expressly or impliedly authorized to receive service of process. (h) Limited liability company. Service is made upon a limited liability company by serving its resident agent. If the limited liability company has no resident agent or if a good faith attempt to serve the resident agent has failed, service may be made upon any member or other person expressly or impliedly authorized to receive service of process. (i) Unincorporated association. Service is made upon an unincorporated association sued in its group name pursuant to Code, Courts Article, 6-406 by serving any officer or member of its governing board. If there are no officers or if the association has no governing board, service may be made upon any member of the association. (j) State of Maryland. Service is made upon the State of Maryland by serving the Attorney General or an individual designated by the Attorney General in a writing filed with the Clerk of the Court of Appeals. In any action attacking the validity of an order of an officer or agency of this State not made a party, the officer or agency shall also be served. (k) Officer or agency of the State of Maryland. Service is made on an officer or agency of the State of Maryland by serving (1) the resident agent designated by the officer or agency, or (2) the Attorney General or an individual designated by the Attorney General in a writing filed with the Clerk of the Court of Appeals. If service is made on the Attorney General or a designee of the Attorney General and the officer or agency is not ordinarily represented by the Attorney General, the Attorney General or designee promptly shall forward the process and papers to the appropriate officer or agency. Committee note. -- This section does not purport to create a tort duty by directing the Attorney General to forward process and papers. See Erie Ins. Co. v. Chops, 322 Md. 79 (1991). Nor does this section obviate the need for personal service in accordance with section (b) of this Rule on an officer sued in the officer's individual capacity. Cross references. -- See Code, State Government Article, 6-109, which requires that a State agency not represented by the Attorney General file with the State Department of Assessments and Taxation a designation of its resident agent. (l) Local entity. Service is made on a county, municipal corporation, bicounty or multicounty agency, public authority, special taxing district, or other political subdivision or unit of a political subdivision of the State by serving the resident agent designated by the local entity. If the local entity has no resident agent or if a good faith effort to serve the resident agent has failed, service may be made by serving the chief executive or presiding officer or, if none, by serving any

member of the governing body. Cross references. -- See Code, Article 24, 1-110 concerning a local entity's designation of a resident agent by filing with the State Department of Assessments and Taxation. (m) United States. Service is made upon the United States by serving the United States Attorney for the District of Maryland or an individual designated by the United States Attorney in a writing filed with the Chief Clerk of the court and by serving the Attorney General of the United States at Washington, District of Columbia. In any action attacking the validity of an order of an officer or agency of the United States not made a party, the officer or agency shall also be served. (n) Officer or agency of the United States. Service is made upon an officer or agency of the United States, including a government corporation, by serving the United States and by serving the officer or agency. (o) Substituted service upon State Department of Assessments and Taxation. Service may be made upon a corporation, limited partnership, limited liability partnership, limited liability company, or other entity required by statute of this State to have a resident agent by serving two copies of the summons, complaint, and all other papers filed with it, together with the requisite fee, upon the State Department of Assessments and Taxation if (i) the entity has no resident agent; (ii) the resident agent is dead or is no longer at the address for service of process maintained with the State Department of Assessments and Taxation; or (iii) two good faith attempts on separate days to serve the resident agent have failed. HISTORY: (Amended Nov. 19, 1987, effective July 1, 1988; June 7, 1994, effective Oct. 1, 1994; Jan. 10, 1995, effective Feb. 1, 1995; Apr. 9, 2002, effective July 1, 2002; Nov. 12, 2003, effective Jan. 1, 2004.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 100. COMMENCEMENT OF ACTION AND PROCESS Md. Rule 2-125 (2012) Rule 2-125. Process -- Service on Sundays and holidays Process may be served on a Sunday or holiday, except that a writ of distraint or for eviction or possession shall not be served on Sunday. HISTORY: (Amended Dec. 10, 1996, effective Jan. 1, 1997.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 100. COMMENCEMENT OF ACTION AND PROCESS Md. Rule 2-126 (2012) Rule 2-126. Process -- Return

(a) Service by delivery or mail. An individual making service of process by delivery or mailing shall file proof of the service with the court promptly and in any event within the time during which the person served must respond to the process. (1) If service is by delivery, the proof shall set forth the name of the person served, the date, and the particular place and manner of service. If service is made under Rule 2-121 (a)(2), the proof also shall set forth a description of the individual served and the facts upon which the individual making service concluded that the individual served is of suitable age and discretion. (2) If service is made by an individual other than a sheriff, the individual also shall file proof under affidavit that includes the name, address, and telephone number of the affiant and a statement that the affiant is of the age of 18 or over. (3) If service is by certified mail, the proof shall include the original return receipt. (b) Service by publication or posting. Promptly and in any event within the time during which the person notified must respond, an individual making service of process pursuant to Rule 2-122 shall file with the court (1) the name, address, and telephone number of the individual making service, (2) proof of compliance with the Rule, and (3) a copy of the publication or posted notice. The certificate of the publisher constitutes proof of publication. (c) Other process. When process requires for its execution a method other than or in addition to delivery or mailing, or publication or posting pursuant to Rule 2-122, the return shall be filed in the manner prescribed by rule or law promptly after execution of the process. (d) Service not made. An individual unable to make service of process in accordance with these rules shall file a return as soon thereafter as practicable and in no event later than ten days following the termination of the validity of the process. (e) Return to include process. A return shall include a copy of the process if served or the original process if not served. Committee note. -- Rule 1-202 defines "process" as "any written order issued by a court to secure compliance with its commands or to require action by any person and includes a summons, subpoena, an order of publication, a commission or other writ." (f) Place of return. In every instance the return shall be filed with the court issuing process. In addition, when a writ of attachment, a writ of execution, or any other writ against property is executed in another county, a return shall be filed with the court of that county. (g) Effect of failure to make proof of service. Failure to make proof of service does not affect the validity of the service. HISTORY: (Amended Nov. 12, 2003, effective Jan. 1, 2004; amended Nov. 8, 2005, effective Jan. 1, 2006; May 8, 2007, effective July 1, 2007.)

MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 100. COMMENCEMENT OF ACTION AND PROCESS Md. Rule 2-131 (2012) Rule 2-131. Appearance (a) By an attorney or in proper person. Except as otherwise provided by rule or statute: (1) an individual may enter an appearance by an attorney or in proper person and (2) a person other than an individual may enter an appearance only by an attorney. (b) How entered. An appearance may be entered by filing a pleading or motion, by filing a written request for the entry of an appearance, or, if the court permits, by orally requesting the entry of an appearance in open court. (c) Effect. The entry of an appearance is not a waiver of the right to assert any defense in accordance with these rules. Special appearances are abolished. HISTORY: (Amended Nov. 9, 1994, effective Jan. 1, 1995; Jan. 20, 1999, effective July 1, 1999; Feb. 10, 2009, effective May 1, 2009; June 7, 2011, effective July 1, 2011.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 100. COMMENCEMENT OF ACTION AND PROCESS Md. Rule 2-132 (2012) Rule 2-132. Striking of attorney's appearance (a) By notice. When the client has another attorney of record, an attorney may withdraw an appearance by filing a notice of withdrawal. (b) By motion. When the client has no other attorney of record, an attorney wishing to withdraw an appearance shall file a motion to withdraw. Except when the motion is made in open court, the motion shall be accompanied by the client's written consent to the withdrawal or the moving attorney's certificate that notice has been mailed to the client at least five days prior to the filing of the motion, informing the client of the attorney's intention to move for withdrawal and advising the client to have another attorney enter an appearance or to notify the clerk in writing of the client's intention to proceed in proper person. Unless the motion is granted in open court, the court may not order the appearance stricken before the expiration of the time prescribed by Rule 2-311 for responding. The court may deny the motion if withdrawal of the appearance would cause undue delay, prejudice, or injustice. (c) Notice to employ new attorney. When the appearance of the moving attorney is stricken and the client has no attorney of record and has not mailed written notification to the clerk of an intention to proceed in proper person, the clerk shall mail a notice to the client's last known address warning

that if new counsel has not entered an appearance within 15 days after service of the notice, the absence of counsel will not be grounds for a continuance. The notice shall also warn the client of the risks of dismissal, judgment by default, and assessment of court costs. (d) Automatic termination of appearance. When no appeal has been taken from a final judgment, the appearance of an attorney is automatically terminated upon the expiration of the appeal period unless the court, on its own initiative or on motion filed prior to the automatic termination, orders otherwise. MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 200. PARTIES Md. Rule 2-201 (2012) Rule 2-201. Real party in interest Every action shall be prosecuted in the name of the real party in interest, except that an executor, administrator, personal representative, guardian, bailee, trustee of an express trust, person with whom or in whose name a contract has been made for the benefit of another, receiver, trustee of a bankrupt, assignee for the benefit of creditors, or a person authorized by statute or rule may bring an action without joining the persons for whom the action is brought. When a statute so provides, an action for the use or benefit of another shall be brought in the name of the State of Maryland. No action shall be dismissed on the ground that it is not prosecuted in the name of the real party in interest until a reasonable time has been allowed after objection for joinder or substitution of the real party in interest. The joinder or substitution shall have the same effect as if the action had been commenced in the name of the real party in interest. HISTORY: (Amended Nov. 12, 2003, effective Jan. 1, 2004; May 8, 2007, effective July 1, 2007.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 200. PARTIES Md. Rule 2-202 (2012) Rule 2-202. Capacity (a) Generally. Applicable substantive law governs the capacity to sue or be sued of an individual, a corporation, a person acting in a representative capacity, an association, or any other entity. (b) Suits by individuals under disability. An individual under disability to sue may sue by a guardian or other like fiduciary or, if none, by next friend, subject to any order of court for the protection of the individual under disability. When a minor is in the sole custody of one of its parents, that parent has the exclusive right to sue on behalf of the minor for a period of one year following the accrual of the cause of action, and if the custodial parent fails to institute suit within

the one year period, any person interested in the minor shall have the right to institute suit on behalf of the minor as next friend upon first mailing notice to the last known address of the custodial parent. (c) Settlement of suits on behalf of minors. A next friend who files an action for the benefit of a minor may settle the claim in accordance with this subsection. If the next friend is not a parent or person in loco parentis of the child, the settlement is not effective unless approved by each living parent or person in loco parentis. If (1) both parents are dead and there is no person in loco parentis of the child or (2) one of the parents does not approve the settlement, the settlement is not effective unless approved by the court in which the suit is pending. Approval may be granted only on verified application by the next friend, stating the facts of the case and why the settlement is in the best interest of the child. Cross references. -- For settlement of suits on behalf of minors, see Code, Courts Article, 6-405. For settlement of a claim not in suit asserted by a parent or person in loco parentis under a liability insurance policy, see Code, Insurance Article, 19-113. (d) Suits against individuals under disability. In a suit against an individual under disability, the guardian or other like fiduciary, if any, shall defend the action. The court shall order any guardian or other fiduciary in its jurisdiction who fails to comply with this section to defend the individual as required. If there is no such guardian or other fiduciary, the court shall appoint an attorney to represent and defend the individual. HISTORY: (Amended Nov. 8, 2005, effective Jan. 1, 2006.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 200. PARTIES Md. Rule 2-203 (2012) Rule 2-203. Individual not in being -- Property interest (a) Appointment of attorney. In an action that may affect a property interest of an individual not in being, the court, on motion of a party or on its own initiative, may appoint an attorney to represent the individual. The attorney shall be paid a reasonable fee, to be fixed by the court and paid as it shall direct. (b) Effect of order or judgment. When an attorney is appointed to represent an individual not in being, any order or judgment subsequently entered in the action is binding on the individual to the same extent as if the individual had been in being when the action was commenced and had appeared in the action. HISTORY: (Added June 3, 1988, effective July 1, 1988.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 200. PARTIES

Md. Rule 2-211 (2012) Rule 2-211. Required joinder of parties (a) Persons to be joined. Except as otherwise provided by law, a person who is subject to service of process shall be joined as a party in the action if in the person's absence (1) complete relief cannot be accorded among those already parties, or (2) disposition of the action may impair or impede the person's ability to protect a claimed interest relating to the subject of the action or may leave persons already parties subject to a substantial risk of incurring multiple or inconsistent obligations by reason of the person's claimed interest. The court shall order that the person be made a party if not joined as required by this section. If the person should join as a plaintiff but refuses to do so, the person shall be made either a defendant or, in a proper case, an involuntary plaintiff. (b) Reasons for nonjoinder. A pleading asserting a claim for relief shall state the name, if known to the pleader, of a person meeting the criteria of (1) or (2) of section (a) of this Rule who is not joined and the reason the person is not joined. (c) Effect of inability to join. If a person meeting the criteria of (1) or (2) of section (a) of this Rule cannot be made a party, the court shall determine whether the action should proceed among the parties before it or whether the action should be dismissed. Factors to be considered by the court include: to what extent a judgment rendered in the person's absence might be prejudicial to that person or those already parties; to what extent the prejudice can be lessened or avoided by protective provisions in the judgment or other measures; whether a judgment rendered in the person's absence will be adequate; and finally, whether the plaintiff will have an adequate remedy if the action is dismissed for nonjoinder. (d) Exception. This Rule is subject to the provisions of Rule 2-231. HISTORY: (Amended Nov. 12, 2003, effective Jan. 1, 2004.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 200. PARTIES Md. Rule 2-212 (2012) Rule 2-212. Permissive joinder of parties (a) When permitted. All persons may join in one action as plaintiffs if they assert a right to relief jointly, severally, or in the alternative in respect to or arising out of the same transaction, occurrence, or series of transactions or occurrences, and if any question of law or fact common to all these persons will arise in the action. All persons may be joined in one action as defendants if

there is asserted against them jointly, severally, or in the alternative any right to relief in respect to or arising out of the same transaction, occurrence, or series of transactions or occurrences, and if any question of law or fact common to all defendants will arise in the action. A plaintiff or defendant need not be interested in obtaining or defending against all relief demanded. Judgment may be given for one or more of the plaintiffs according to their respective rights to relief and against one or more defendants according to their respective liabilities. (b) Safeguards. The court may make such orders as will prevent a party from being embarrassed, delayed, or put to expense by the inclusion of another who asserts no claim against the party and against whom the party asserts no claim, and may order separate trials or make other orders to prevent delay or prejudice. HISTORY: (Amended Nov. 12, 2003, effective Jan. 1, 2004.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 200. PARTIES Md. Rule 2-213 (2012) Rule 2-213. Misjoinder and nonjoinder of parties Misjoinder of parties is not ground for dismissal of an action. So long as one of the original plaintiffs and one of the original defendants remain as parties to the action, parties may be dropped or added (a) by amendment to a pleading pursuant to Rule 2-341 or (b) by order of the court on motion of any party or on its own initiative at any stage of the action and on such terms as are just. Any claim against a party may be severed and proceeded with separately. HISTORY: (Amended Apr. 7, 1986, effective July 1, 1986; Nov. 12, 2003, effective Jan. 1, 2004.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 200. PARTIES Md. Rule 2-214 (2012) Rule 2-214. Intervention (a) Of right. Upon timely motion, a person shall be permitted to intervene in an action: (1) when the person has an unconditional right to intervene as a matter of law; or (2) when the person claims an interest relating to the property or transaction that is the subject of the action, and the person is so situated that the disposition of the action may as a practical matter impair or impede the ability to protect that interest unless it is adequately represented by existing parties. (b) Permissive. (1) Generally. Upon timely motion a person may be permitted to intervene in an action when the

person's claim or defense has a question of law or fact in common with the action. (2) Governmental interest. Upon timely motion the federal government, the State, a political subdivision of the State, or any officer or agency of any of them may be permitted to intervene in an action when the validity of a constitutional provision, charter provision, statute, ordinance, regulation, executive order, requirement, or agreement affecting the moving party is drawn in question in the action, or when a party to an action relies for ground of claim or defense on such constitutional provision, charter provision, statute, ordinance, regulation, executive order, requirement, or agreement. (3) Considerations. In exercising its discretion the court shall consider whether the intervention will unduly delay or prejudice the adjudication of the rights of the original parties. (c) Procedure. A person desiring to intervene shall file and serve a motion to intervene. The motion shall state the grounds therefor and shall be accompanied by a copy of the proposed pleading setting forth the claim or defense for which intervention is sought. An order granting intervention shall designate the intervenor as a plaintiff or a defendant. Thereupon, the intervenor shall promptly file the pleading and serve it upon all parties. HISTORY: (Amended Nov. 12, 2003, effective Jan. 1, 2004.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 200. PARTIES Md. Rule 2-221 (2012) Rule 2-221. Interpleader (a) Interpleader action. An action for interpleader or in the nature of interpleader may be brought against two or more adverse claimants who claim or may claim to be entitled to property. The claims of the several defendants or the title on which their claims depend need not have a common origin or be identical but may be adverse to and independent of each other. The plaintiff may deny liability in whole or in part to any or all of the defendants. A defendant may likewise obtain interpleader by way of counterclaim or cross-claim. The provisions of this Rule supplement and do not in any way limit the joinder of parties permitted by Rule 2-212. The complaint for interpleader shall specify the nature and value of the property and may be accompanied by payment or tender into court of the property. The complaint may request, and the court may grant prior to entry of the order of interpleader pursuant to section (b) of this Rule, appropriate ancillary relief, including ex parte or preliminary injunctive relief. Cross references. -- For the definition of property, see Rule 1-202(x). (b) Order of interpleader. After the defendants have had an opportunity to answer the complaint and oppose the request for interpleader, the court shall promptly schedule a hearing to determine the appropriate order to be entered. The order may:

(1) dismiss the interpleader action; (2) require the defendants to interplead as to the property within a time specified, designating one or more of them as plaintiffs and one or more of them as defendants; (3) direct the original plaintiff (the party bringing the interpleader action) to deposit the property or the value of the property into court to abide the judgment of the court or to file a bond with such surety as the court deems proper, conditioned upon compliance by the plaintiff with the future order or judgment of the court with respect to the property; (4) enjoin the original defendants from bringing or prosecuting any other action affecting the property; (5) discharge the original plaintiff from further liability with respect to the property upon deposit of the property with the court; (6) award the original plaintiff costs and reasonable attorney's fees from the property if that plaintiff brought the action in good faith as an impartial stakeholder; (7) direct the distribution of any part of the property not in dispute. (c) Jury trial. A demand for jury trial as to those issues that are triable of right by a jury shall be filed not later than 15 days after the entry of the order of interpleader or such other time as the court may specify in the order of interpleader. (d) Subsequent procedure. Within the time specified in the order of interpleader, the designated plaintiff shall file a complaint setting forth the claim of that plaintiff and shall serve each designated defendant pursuant to Rule 1-321. The action thereafter shall proceed as any other action. HISTORY: (Amended Nov. 12, 2003, effective Jan. 1, 2004; Feb. 10, 2009, effective May 1, 2009; June 7, 2011, effective July 1, 2011.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 200. PARTIES Md. Rule 2-231 (2012) Rule 2-231. Class actions (a) Prerequisites to a class action. One or more members of a class may sue or be sued as representative parties on behalf of all only if (1) the class is so numerous that joinder of all members is impracticable, (2) there are questions of law or fact common to the class, (3) the claims or defenses of the representative parties are typical of the claims or defenses of the class, and (4) the representative parties will fairly and adequately protect the interests of the class.

Cross references. -- See Code, Courts Article, 4-402 (d), regarding aggregation of claims for jurisdictional amount. (b) Class actions maintainable. Unless justice requires otherwise, an action may be maintained as a class action if the prerequisites of section (a) are satisfied, and in addition: (1) the prosecution of separate actions by or against individual members of the class would create a risk of (A) inconsistent or varying adjudications with respect to individual members of the class that would establish incompatible standards of conduct for the party opposing the class, or (B) adjudications with respect to individual members of the class that would as a practical matter be dispositive of the interests of the other members not parties to the adjudications or substantially impair or impede their ability to protect their interests; or (2) the party opposing the class has acted or refused to act on grounds generally applicable to the class, thereby making appropriate final injunctive relief or corresponding declaratory relief with respect to the class as a whole; or (3) the court finds that the questions of law or fact common to the members of the class predominate over any questions affecting only individual members and that a class action is superior to other available methods for the fair and efficient adjudication of the controversy. The matters pertinent to the findings include: (A) the interest of members of the class in individually controlling the prosecution or defense of separate actions, (B) the extent and nature of any litigation concerning the controversy already commenced by or against members of the class, (C) the desirability or undesirability of concentrating the litigation of the claims in the particular forum, (D) the difficulties likely to be encountered in the management of a class action. (c) Certification. On motion of any party or on the court's own initiative, the court shall determine by order as soon as practicable after commencement of the action whether it is to be maintained as a class action. A hearing shall be granted if requested by any party. The order shall include the court's findings and reasons for certifying or refusing to certify the action as a class action. The order may be conditional and may be altered or amended before the decision on the merits. (d) Partial class actions; subclasses. When appropriate, an action may be brought or maintained as a class action with respect to particular issues, or a class may be divided into subclasses and each subclass treated as a class. (e) Notice. In any class action, the court may require notice pursuant to subsection (f) (2). In a class action maintained under subsection (b) (3), notice shall be given to members of the class in the manner the court directs. The notice shall advise that (1) the court will exclude from the class any member who so requests by a specified date, (2) the judgment, whether favorable or not, will include all members who do not request exclusion, and (3) any member who does not request exclusion and who desires to enter an appearance through counsel may do so.

(f) Orders in conduct of actions. In the conduct of actions to which this Rule applies, the court may enter appropriate orders: (1) determining the course of proceedings or prescribing measures to prevent undue repetition or complication in the presentation of evidence or argument, (2) requiring, for the protection of the members of the class or otherwise for the fair conduct of the action, that notice be given in the manner the court directs to some or all of the members of any step in the action, or of the proposed extent of the judgment, or of the opportunity of members to signify whether they consider the representation fair and adequate, to intervene and present claims or defenses, or otherwise to come into the action, (3) imposing conditions on the representative parties or intervenors, (4) requiring that the pleadings be amended to eliminate allegations as to representation of absent persons, and that the action proceed accordingly, (5) dealing with similar procedural matters. The orders may be combined with an order under Rule 2-504, and may be altered or amended as may be desirable from time to time. (g) Discovery. For purposes of discovery, only representative parties shall be treated as parties. On motion, the court may allow discovery by or against any other member of the class. (h) Dismissal or compromise. A class action shall not be dismissed or compromised without the approval of the court. Notice of a proposed dismissal or compromise shall be given to all members of the class in the manner the court directs. (i) Judgment. The judgment in an action maintained as a class action under subsections (b) (1) and (2), whether or not favorable to the class, shall include and describe those whom the court finds to be members of the class. The judgment in an action maintained as a class action under subsection (b) (3), whether or not favorable to the class, shall include and specify or describe those to whom the notice provided in subsection (e) (1) was directed, and who have not requested exclusion, and whom the court finds to be members of the class. HISTORY: (Amended July 27, 1987, effective Aug. 17, 1987; Nov. 12, 2003, effective Jan. 1, 2004.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 200. PARTIES Md. Rule 2-241 (2012) Rule 2-241. Substitution of parties (a) Substitution. The proper person may be substituted for a party who (1) dies, if the action survives, (2) becomes incompetent, (3) transfers an interest in the action, whether voluntarily or involuntarily, (4) if a corporation, dissolves, forfeits its charter, merges, or consolidates,

(5) if a public officer, ceases to hold office, or (6) if a guardian, personal representative, receiver, or trustee, resigns, is removed, or dies. (b) Procedure. Any party to the action, any other person affected by the action, the successors or representatives of the party, or the court may file a notice in the action substituting the proper person as a party. The notice shall set forth the reasons for the substitution and, in the case of death, the decedent's representatives, domicile, and date and place of death if known. The notice shall be served on all parties in accordance with Rule 1-321 and on the substituted party in the manner provided by Rule 2-121, unless the substituted party has previously submitted to the jurisdiction of the court. (c) Objection. Within 15 days after the service of the notice of substitution, a motion to strike the substitution may be filed. (d) Failure to substitute. If substitution is not made as provided in this Rule, the court may dismiss the action, continue the trial or hearing, or take such other action as justice may require. HISTORY: (Amended Nov. 12, 2003, effective Jan. 1, 2004; April 5, 2005, effective July 1, 2005.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 300. PLEADINGS AND MOTIONS Md. Rule 2-301 (2012) Rule 2-301. Form of action There shall be one form of action known as "civil action." HISTORY: (Amended Nov. 12, 2003, effective Jan. 1, 2004.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 300. PLEADINGS AND MOTIONS Md. Rule 2-302 (2012) Rule 2-302. Pleadings allowed There shall be a complaint and an answer. There may be a counterclaim, a cross-claim, and a third-party complaint. There shall be an answer to any counterclaim, cross-claim, or third-party complaint. No other pleading shall be allowed except that the court may order a reply to an answer. Demurrers, pleas, and replications are abolished.

HISTORY: (Amended Nov. 12, 2003, effective Jan. 1, 2004.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 300. PLEADINGS AND MOTIONS Md. Rule 2-303 (2012) Rule 2-303. Form of pleadings (a) Paragraphs, counts, and defenses. All averments of claim or defense shall be made in numbered paragraphs, the contents of each of which shall be limited as far as practicable to a statement of a single set of circumstances; and a paragraph may be referred to by number in all succeeding pleadings. Each cause of action shall be set forth in a separately numbered count. Each separate defense shall be set forth in a separately numbered defense. (b) Contents. Each averment of a pleading shall be simple, concise, and direct. No technical forms of pleadings are required. A pleading shall contain only such statements of fact as may be necessary to show the pleader's entitlement to relief or ground of defense. It shall not include argument, unnecessary recitals of law, evidence, or documents, or any immaterial, impertinent, or scandalous matter. (c) Consistency. A party may set forth two or more statements of a claim or defense alternatively or hypothetically. When two or more statements are made in the alternative and one of them if made independently would be sufficient, the pleading is not made insufficient by the insufficiency of one or more of the alternative statements. A party may also state as many separate claims or defenses as the party has, regardless of consistency and whether based on legal or equitable grounds. (d) Adoption by reference. Statements in a pleading or other paper of record may be adopted by reference in a different part of the same pleading or paper of record or in another pleading or paper of record. A copy of any written instrument that is an exhibit to a pleading is a part thereof for all purposes. (e) Construction of pleadings. All pleadings shall be so construed as to do substantial justice. HISTORY: (Amended Mar. 22, 1991, effective July 1, 1991; Nov. 12, 2003, effective Jan. 1, 2004.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 300. PLEADINGS AND MOTIONS Md. Rule 2-303 (2012) Rule 2-303. Form of pleadings

(a) Paragraphs, counts, and defenses. All averments of claim or defense shall be made in numbered paragraphs, the contents of each of which shall be limited as far as practicable to a statement of a single set of circumstances; and a paragraph may be referred to by number in all succeeding pleadings. Each cause of action shall be set forth in a separately numbered count. Each separate defense shall be set forth in a separately numbered defense. (b) Contents. Each averment of a pleading shall be simple, concise, and direct. No technical forms of pleadings are required. A pleading shall contain only such statements of fact as may be necessary to show the pleader's entitlement to relief or ground of defense. It shall not include argument, unnecessary recitals of law, evidence, or documents, or any immaterial, impertinent, or scandalous matter. (c) Consistency. A party may set forth two or more statements of a claim or defense alternatively or hypothetically. When two or more statements are made in the alternative and one of them if made independently would be sufficient, the pleading is not made insufficient by the insufficiency of one or more of the alternative statements. A party may also state as many separate claims or defenses as the party has, regardless of consistency and whether based on legal or equitable grounds. (d) Adoption by reference. Statements in a pleading or other paper of record may be adopted by reference in a different part of the same pleading or paper of record or in another pleading or paper of record. A copy of any written instrument that is an exhibit to a pleading is a part thereof for all purposes. (e) Construction of pleadings. All pleadings shall be so construed as to do substantial justice. HISTORY: (Amended Mar. 22, 1991, effective July 1, 1991; Nov. 12, 2003, effective Jan. 1, 2004.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 300. PLEADINGS AND MOTIONS Md. Rule 2-304 (2012) Rule 2-304. Pleading certain matters (a) Capacity. It is not necessary to aver the capacity of a party to sue or be sued or the authority of a party to sue or be sued in a representative capacity or the legal existence of an organized association of persons that is made a party. (b) Conditions precedent. In pleading the performance or occurrence of conditions precedent, it is sufficient to aver generally that all conditions precedent have been performed or have occurred. (c) Time and place. Time and place shall be averred in a pleading when material to the cause of action or ground of defense.

HISTORY: (Amended Nov. 12, 2003, effective Jan. 1, 2004.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 300. PLEADINGS AND MOTIONS Md. Rule 2-305 (2012) Rule 2-305. Claims for relief A pleading that sets forth a claim for relief, whether an original claim, counterclaim, crossclaim, or third-party claim, shall contain a clear statement of the facts necessary to constitute a cause of action and a demand for judgment for relief sought. Unless otherwise required by law, a demand for a money judgment shall include the amount sought. Relief in the alternative or of several different types may be demanded. HISTORY: (Amended Feb. 10, 1998, effective July 1, 1998; Nov. 12, 2003, effective Jan. 1, 2004.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 300. PLEADINGS AND MOTIONS Md. Rule 2-311 (2012) Rule 2-311. Motions (a) Generally. An application to the court for an order shall be by motion which, unless made during a hearing or trial, shall be made in writing, and shall set forth the relief or order sought. (b) Response. Except as otherwise provided in this section, a party against whom a motion is directed shall file any response within 15 days after being served with the motion, or within the time allowed for a party's original pleading pursuant to Rule 2-321 (a), whichever is later. Unless the court orders otherwise, no response need be filed to a motion filed pursuant to Rule 1-204, 2532, 2-533, or 2-534. If a party fails to file a response required by this section, the court may proceed to rule on the motion. Cross references. -- See Rule 1-203 concerning the computation of time. (c) Statement of grounds and authorities; exhibits. A written motion and a response to a motion shall state with particularity the grounds and the authorities in support of each ground. A party shall attach as an exhibit to a written motion or response any document that the party wishes the court to consider in ruling on the motion or response unless the document is adopted by reference as permitted by Rule 2-303 (d) or set forth as permitted by Rule 2-432 (b). (d) Affidavit. A motion or a response to a motion that is based on facts not contained in the record shall be supported by affidavit and accompanied by any papers on which it is based.

(e) Hearing -- Motions for judgment notwithstanding the verdict, for new trial, or to amend the judgment. When a motion is filed pursuant to Rule 2-532, 2-533, or 2-534, the court shall determine in each case whether a hearing will be held, but it may not grant the motion without a hearing. (f) Hearing -- Other motions. A party desiring a hearing on a motion, other than a motion filed pursuant to Rule 2-532, 2-533, or 2-534, shall request the hearing in the motion or response under the heading "Request for Hearing." The title of the motion or response shall state that a hearing is requested. Except when a rule expressly provides for a hearing, the court shall determine in each case whether a hearing will be held, but the court may not render a decision that is dispositive of a claim or defense without a hearing if one was requested as provided in this section. HISTORY: (Amended Mar. 22, 1991, effective July 1, 1991; Oct. 31, 2002, effective Jan. 1, 2003; Nov. 12, 2003, effective Jan. 1, 2004; June 7, 2011, effective July 1, 2011.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 300. PLEADINGS AND MOTIONS Md. Rule 2-321 (2012) Rule 2-321. Time for filing answer (a) General rule. A party shall file an answer to an original complaint, counterclaim, cross-claim, or third-party claim within 30 days after being served, except as provided by sections (b) and (c) of this Rule. (b) Exceptions. (1) A defendant who is served with an original pleading outside of the State but within the United States shall file an answer within 60 days after being served. (2) A defendant who is served with an original pleading by publication or posting, pursuant to Rule 2-122, shall file an answer within the time specified in the notice. (3) A person who is required by statute of this State to have a resident agent and who is served with an original pleading by service upon the State Department of Assessments and Taxation, the Insurance Commissioner, or some other agency of the State authorized by statute to receive process shall file an answer within 60 days after being served. (4) The United States or an officer or agency of the United States served with an original pleading pursuant to Rule 2-124 (m) or (n) shall file an answer within 60 days after being served. (5) A defendant who is served with an original pleading outside of the United States shall file an answer within 90 days after being served.

(6) If rules for special proceedings, or statutes of this State or of the United States, provide for a different time to answer, the answer shall be filed as provided by those rules or statutes. (c) Automatic extension. When a motion is filed pursuant to Rule 2-322, the time for filing an answer is extended without special order to 15 days after entry of the court's order on the motion or, if the court grants a motion for a more definite statement, to 15 days after the service of the more definite statement. HISTORY: (Amended Jan. 10, 1995, effective Feb. 1, 1995; Nov. 12, 2003, effective Jan. 1, 2004) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 300. PLEADINGS AND MOTIONS Md. Rule 2-322 (2012) Rule 2-322. Preliminary motions (a) Mandatory. The following defenses shall be made by motion to dismiss filed before the answer, if an answer is required: (1) lack of jurisdiction over the person, (2) improper venue, (3) insufficiency of process, and (4) insufficiency of service of process. If not so made and the answer is filed, these defenses are waived. (b) Permissive. The following defenses may be made by motion to dismiss filed before the answer, if an answer is required: (1) lack of jurisdiction over the subject matter, (2) failure to state a claim upon which relief can be granted, (3) failure to join a party under Rule 2-211, (4) discharge in bankruptcy, and (5) governmental immunity. If not so made, these defenses and objections may be made in the answer, or in any other appropriate manner after answer is filed. (c) Disposition. A motion under sections (a) and (b) of this Rule shall be determined before trial, except that a court may defer the determination of the defense of failure to state a claim upon which relief can be granted until the trial. In disposing of the motion, the court may dismiss the action or grant such lesser or different relief as may be appropriate. If the court orders dismissal, an amended complaint may be filed only if the court expressly grants leave to amend. The amended complaint shall be filed within 30 days after entry of the order or within such other time as the court may fix. If leave to amend is granted and the plaintiff fails to file an amended complaint within the time prescribed, the court, on motion, may enter an order dismissing the action. If, on a motion to dismiss for failure of the pleading to state a claim upon which relief can be granted, matters outside the pleading are presented to and not excluded by the court, the motion shall be treated as one for summary judgment and disposed of as provided in Rule 2-501, and all parties shall be given reasonable opportunity to present all material made pertinent to such a motion by Rule 2-501. (d) Motion for more definite statement. If a pleading to which an answer is permitted is so vague or ambiguous that a party cannot reasonably frame an answer, the party may move for a more definite statement before answering. The motion shall point out the defects complained of and the

details desired. If the motion is granted and the order of the court is not obeyed within 15 days after entry of the order or within such other time as the court may fix, the court may strike the pleading to which the motion was directed or make such order as it deems just. (e) Motion to strike. On motion made by a party before responding to a pleading or, if no responsive pleading is required by these rules, on motion made by a party within 15 days after the service of the pleading or on the court's own initiative at any time, the court may order any insufficient defense or any improper, immaterial, impertinent, or scandalous matter stricken from any pleading or may order any pleading that is late or otherwise not in compliance with these rules stricken in its entirety. (f) Consolidation of defenses in motion. A party who makes a motion under this Rule may join with it any other motions then available to the party. No defense or objection raised pursuant to this Rule is waived by being joined with one or more other such defenses or objections in a motion under this Rule. If a party makes a motion under this Rule but omits any defense or objection then available to the party that this Rule permits to be raised by motion, the party shall not thereafter make a motion based on the defenses or objections so omitted except as provided in Rule 2-324. HISTORY: (Amended Apr. 7, 1986, effective July 1, 1986; Mar. 5, 2001, effective July 1, 2001; Nov. 12, 2003, effective Jan. 1, 2004.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 300. PLEADINGS AND MOTIONS Md. Rule 2-323 (2012) Rule 2-323. Answer (a) Content. A claim for relief is brought to issue by filing an answer. Every defense of law or fact to a claim for relief in a complaint, counterclaim, cross-claim, or third-party claim shall be asserted in an answer, except as provided by Rule 2-322. If a pleading setting forth a claim for relief does not require a responsive pleading, the adverse party may assert at the trial any defense of law or fact to that claim for relief. The answer shall be stated in short and plain terms and shall contain the following: (1) the defenses permitted by Rule 2-322 (b) that have not been raised by motion, (2) answers to the averments of the claim for relief pursuant to section (c) or (d) of this Rule, and (3) the defenses enumerated in sections (f) and (g) of this Rule. (b) Preliminary determination. The defenses of lack of jurisdiction over the subject matter, failure to state a claim upon which relief can be granted, failure to join a party under Rule 2-211, and governmental immunity shall be determined before trial on application of any party, except that the court may defer the determination of the defense of failure to state a claim upon which relief can be granted until the trial. (c) Specific admissions or denials. Except as permitted by section (d) of this Rule, a party shall admit or deny the averments upon which the adverse party relies. A party without knowledge or information sufficient to form a belief as to the truth of an averment shall so state and this has the

effect of a denial. Denials shall fairly meet the substance of the averments denied. A party may deny designated averments or paragraphs or may generally deny all the averments except averments or paragraphs that are specifically admitted. (d) General denials in specified causes. When the action in any count is for breach of contract, debt, or tort and the claim for relief is for money only, a party may answer that count by a general denial of liability. (e) Effect of failure to deny. Averments in a pleading to which a responsive pleading is required, other than those as to the amount of damages, are admitted unless denied in the responsive pleading or covered by a general denial. Averments in a pleading to which no responsive pleading is required or permitted shall be taken as denied or avoided. When appropriate, a party may claim the inability to admit, deny, or explain an averment on the ground that to do so would tend to incriminate the party, and such statement shall not amount to an admission of the averment. (f) Negative defenses. Whether proceeding under section (c) or section (d) of this Rule, when a party desires to raise an issue as to (1) the legal existence of a party, including a partnership or a corporation, (2) the capacity of a party to sue or be sued, (3) the authority of a party to sue or be sued in a representative capacity, (4) the averment of the execution of a written instrument, or (5) the averment of the ownership of a motor vehicle, the party shall do so by negative averment, which shall include such supporting particulars as are peculiarly within the pleader's knowledge. If not raised by negative averment, these matters are admitted for the purpose of the pending action. Notwithstanding an admission under this section, the court may require proof of any of these matters upon such terms and conditions, including continuance and allocation of costs, as the court deems proper. (g) Affirmative defenses. Whether proceeding under section (c) or section (d) of this Rule, a party shall set forth by separate defenses: (1) accord and satisfaction, (2) merger of a claim by arbitration into an award, (3) assumption of risk, (4) collateral estoppel as a defense to a claim, (5) contributory negligence, (6) duress, (7) estoppel, (8) fraud, (9) illegality, (10) laches, (11) payment, (12) release, (13) res judicata, (14) statute of frauds, (15) statute of limitations, (16) ultra vires, (17) usury, (18) waiver, (19) privilege, and (20) total or partial charitable immunity. In addition, a party may include by separate defense any other matter constituting an avoidance or affirmative defense on legal or equitable grounds. When a party has mistakenly designated a defense as a counterclaim or a counterclaim as a defense, the court shall treat the pleading as if there had been a proper designation, if justice so requires. (h) Defendant's information report. The defendant shall file with the answer an information report substantially in the form included with the summons if (1) the plaintiff has failed to file an information report required by Rule 2-111(a), (2) the defendant disagrees with anything contained in an information report filed by the plaintiff, (3) the defendant disagrees with a differentiated case management track previously selected by the court, or (4) the defendant has filed or expects to file a counterclaim, cross-claim, or third-party claim. If the defendant fails to file a required information report with the answer, the court may proceed without the defendant's information to assign the action to any track within the court's differentiated case management system or may

continue the action on any track previously assigned. HISTORY: (Amended June 7, 1994, effective Oct. 1, 1994; Jan. 10, 1995, effective Feb. 1, 1995; Mar. 5, 2001, effective July 1 2001; Nov. 12, 2003, effective Jan. 1, 2004.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 300. PLEADINGS AND MOTIONS Md. Rule 2-324 (2012) Rule 2-324. Preservation of certain defenses (a) Defenses not waived. A defense of failure to state a claim upon which relief can be granted, a defense of failure to join a party under Rule 2-211, an objection of failure to state a legal defense to a claim, and a defense of governmental immunity may be made in any pleading or by motion for summary judgment under Rule 2-501 or at the trial on the merits. (b) Subject matter jurisdiction. Whenever it appears that the court lacks jurisdiction of the subject matter, the court shall dismiss the action. HISTORY: (Amended Nov. 12, 2003, effective Jan. 1, 2004.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 300. PLEADINGS AND MOTIONS Md. Rule 2-325 (2012) Rule 2-325. Jury trial (a) Demand. Any party may elect a trial by jury of any issue triable of right by a jury by filing a demand therefor in writing either as a separate paper or separately titled at the conclusion of a pleading and immediately preceding any required certificate of service. (b) Waiver. The failure of a party to file the demand within 15 days after service of the last pleading filed by any party directed to the issue constitutes a waiver of trial by jury. (c) Actions from district court. When an action is transferred from the District Court by reason of a demand for jury trial, a new demand is not required. (d) Appeals from administrative agencies. In an appeal from the Workers' Compensation Commission or other administrative body when there is a right to trial by jury, the failure of any party to file the demand within 15 days after the time for answering the petition of appeal constitutes a waiver of trial by jury. (e) Effect of election. When trial by jury has been elected by any party, the action, including all claims whether asserted by way of counterclaim, cross-claim or third-party claim, as to all parties,

and as to all issues triable of right by a jury, shall be designated upon the docket as a jury trial. (f) Withdrawal of election. An election for trial by jury may be withdrawn only with the consent of all parties not in default. HISTORY: (Amended Nov. 12, 2003, effective Jan. 1, 2004; amended Nov. 8, 2005, effective Jan. 1, 2006.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 300. PLEADINGS AND MOTIONS Md. Rule 2-326 (2012) Rule 2-326. Certain transfers from District Court (a) Notice. Upon entry on the docket of an action transferred from the District Court pursuant to a demand for jury trial or a demand for transfer pursuant to section (d) of Rule 3-326, the clerk shall send to the plaintiff and each party who has been served in the District Court action a notice that states the date of entry and the assigned docket reference and includes a "Notice to Defendant" in substantially the following form: Notice to Defendant If you are a "defendant," "counter-defendant," "cross defendant," or "third-party defendant" in this action and you wish to contest the case against you, you must file in this court an answer or other response to the complaint, counterclaim, cross-claim, or third-party claim within 30 days after the date of this notice, regardless of whether you filed a notice of intention to defend or other response in the District Court. Committee note. -- If an action is transferred and a defendant or third-party defendant has not been served with process, the burden is on the plaintiff or third-party plaintiff to obtain service, as if the action were originally filed in a circuit court. (b) Answer or other response; subsequent proceedings. Regardless of whether a notice of intention to defend or other response was filed in the District Court, a defendant, counter-defendant, cross defendant, or third-party defendant shall file an answer or other response to the complaint, counterclaim, cross-claim, or third-party claim within 30 days after the clerk sends the notice required by section (a) of this Rule. Following the expiration of the 30-day period, the action shall thereafter proceed as if originally filed in the circuit court. HISTORY: (Amended Nov. 20, 1984, effective Jan. 1, 1985; June 3, 1988, effective July 1, 1988; Feb. 10, 1998, effective July 1, 1998; Nov. 12, 2003, effective Jan. 1, 2004.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 300. PLEADINGS AND MOTIONS

Md. Rule 2-327 (2012) Rule 2-327. Transfer of action (a) Transfer to District Court. (1) If circuit court lacks jurisdiction. If an action within the exclusive jurisdiction of the District Court is filed in the circuit court but the court determines that in the interest of justice the action should not be dismissed, the court may transfer the action to the District Court sitting in the same county. Cross references. -- See Rule 3-101 (c) concerning complaints that are timely filed in the circuit court and dismissed for lack of subject matter jurisdiction. (2) If circuit court has jurisdiction -- Generally. Except as otherwise provided in subsection (a)(3) of this Rule, the court may transfer an action within its jurisdiction to the District Court sitting in the same county if all parties to the action (A) consent to the transfer, (B) waive any right to a jury trial they currently may have and any right they may have to a jury trial following transfer to the District Court, including on appeal from any judgment entered, and (C) make any amendments to the pleadings necessary to bring the action within the jurisdiction of the District Court. (3) If circuit court has jurisdiction -- Domestic violence actions. (A) In an action under Code, Family Law Article, Title 4, Subtitle 5, after entering a temporary protective order, a circuit court, on motion or on its own initiative, may transfer the action to the District Court for the final protective order hearing if, after inquiry, the court finds that (i) there is no other action between the parties pending in the circuit court, (ii) the respondent has sought relief under Code, Family Law Article, Title 4, Subtitle 5, in the District Court, and (iii) in the interests of justice, the action should be heard in the District Court. (B) In determining whether a hearing in the District Court is in the interests of justice, the court shall consider (i) the safety of each person eligible for relief, (ii) the convenience of the parties, (iii) the pendency of other actions involving the parties or children of the parties in one of the courts, (iv) whether a transfer will result in undue delay, (v) the services that may be available in or through each court, and (vi) the efficient operation of the courts. (C) The consent of the parties is not required for a transfer under this subsection. (D) After the action is transferred, the District Court has jurisdiction for the purposes of enforcing and extending the temporary protective order as allowed by law. Cross references. -- See Code, Family Law Article, 4-505 (c) concerning the duration and extension of a temporary protective order. (b) Improper venue. If a court sustains a defense of improper venue but determines that in the

interest of justice the action should not be dismissed, it may transfer the action to any county in which it could have been brought. (c) Convenience of the parties and witnesses. On motion of any party, the court may transfer any action to any other circuit court where the action might have been brought if the transfer is for the convenience of the parties and witnesses and serves the interests of justice. (d) Actions involving common questions of law or fact. (1) If civil actions involving one or more common questions of law or fact are pending in more than one judicial circuit, the actions or any claims or issues in the actions may be transferred in accordance with this section for consolidated pretrial proceedings or trial to a circuit court in which (A) the actions to be transferred might have been brought, and (B) similar actions are pending. (2) A transfer under this section may be made on motion of a party or on the transferor court's own initiative. When transfer is being considered on the court's own initiative, the circuit administrative judge having administrative authority over the court shall enter an order directing the parties to show cause on or before a date specified in the order why the action, claim, or issue should not be transferred for consolidated proceedings. Whether the issue arises from a motion or a show cause order, on the written request of any party the circuit administrative judge shall conduct a hearing. (3) A transfer under this section shall not be made except upon (A) a finding by the circuit administrative judge having administrative authority over the transferor court that the requirements of subsection (d) (1) of this Rule are satisfied and that the transfer will promote the just and efficient conduct of the actions to be consolidated and not unduly inconvenience the parties and witnesses in the actions subject to the proposed transfer; and (B) acceptance of the transfer by the circuit administrative judge having administrative authority over the court to which the actions, claims, or issues will be transferred. (4) The transfer shall be pursuant to an order entered by the circuit administrative judge having administrative authority over the transferor court. The order shall specify (A) the basis for the judge's finding under subsection (d) (3) of this Rule, (B) the actions subject to the order, (C) whether the entire action is transferred, and if not, which claims or issues are being transferred, (D) the effective date of the transfer, (E) the nature of the proceedings to be conducted by the transferee court, (F) the papers, or copies thereof, to be transferred, and (G) any other provisions deemed necessary or desirable to implement the transfer. The transferor court may amend the order from time to time as justice requires. (5) (A) If, at the conclusion of proceedings in the transferee court pursuant to the order of transfer, the transferred action has been terminated by entry of judgment, it shall not be remanded but the clerk of the transferee court shall notify the clerk of the transferor court of the entry of the judgment. (B) If, at the conclusion of proceedings in the transferee court pursuant to the order of transfer, the transferred action has not been terminated by entry of judgment and further proceedings are necessary,

(i) within 30 days after the entry of an order concluding the proceeding, any party may file in the transferee court a motion to reconsider or revise any order or ruling entered by the transferee court, (ii) if such a motion is filed, the transferee court shall consider and decide the motion, and (iii) following the expiration of the 30-day period or, if a timely motion for reconsideration is filed, upon disposition of the motion, the circuit administrative judge having administrative authority over the transferee court shall enter an order remanding the action to the transferor court. Notwithstanding any other Rule or law, the rulings, decisions, and orders made or entered by the transferee court shall be binding upon the transferor and the transferee courts. HISTORY: (Amended June 28, 1990, effective July 1, 1990; Dec. 10, 1996, effective July 1, 1997; Nov. 1, 2001, effective Jan. 1, 2002; Nov. 12, 2003, effective Jan. 1, 2004.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 300. PLEADINGS AND MOTIONS Md. Rule 2-331 (2012) Rule 2-331. Counterclaim and cross-claim (a) Counterclaim against opposing party. A party may assert as a counterclaim any claim that party has against any opposing party, whether or not arising out of the transaction or occurrence that is the subject matter of the opposing party's claim. A counterclaim may or may not diminish or defeat the recovery sought by the opposing party. It may claim relief exceeding in amount or different in kind from that sought in the pleading of the opposing party. (b) Cross-claim against co-party. A party may assert as a cross-claim any claim that party has against a co-party arising out of the transaction or occurrence that is the subject matter either of the original action or of a counterclaim therein or relating to any property that is the subject matter of the original action. The cross-claim may include a claim that the party against whom it is asserted is or may be liable to the cross-claimant for all or part of a claim asserted in the action against the cross-claimant. (c) Joinder of additional parties. A person not a party to the action may be made a party to a counterclaim or cross-claim and shall be served as a defendant in an original action. When served with process, the person being added shall also be served with a copy of all pleadings, scheduling notices, court orders, and other papers previously filed in the action. (d) Time for filing. If a party files a counterclaim or cross-claim more than 30 days after the time for filing that party's answer, any other party may object to the late filing by a motion to strike filed within 15 days of service of the counterclaim or cross-claim. When a motion to strike is filed, the time for responding to the counterclaim or cross-claim is extended without special order to 15 days after entry of the court's order on the motion. The court shall grant the motion to strike unless there is a showing that the delay does not prejudice other parties to the action.

HISTORY: (Amended Apr. 7, 1986, effective July 1, 1986; June 21, 1995, effective Sept. 1, 1995; June 7, 2011, effective July 1, 2011.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 300. PLEADINGS AND MOTIONS Md. Rule 2-332 (2012) Rule 2-332. Third-party practice (a) Defendant's claim against third party. A defendant, as a third-party plaintiff, may cause a summons and complaint, together with a copy of all pleadings, scheduling notices, court orders, and other papers previously filed in the action, to be served upon a person not a party to the action who is or may be liable to the defendant for all or part of a plaintiff's claim against the defendant. A person so served becomes a third-party defendant. (b) Response by third party. A third-party defendant shall assert defenses to the third-party plaintiff's claim as provided by Rules 2-322 and 2-323 and may assert counterclaims against the third-party plaintiff and cross-claims against other third-party defendants as provided by Rule 2331. The third-party defendant may assert against the plaintiff any defenses that the third-party plaintiff has to the plaintiff's claim. The third-party defendant may also assert any claim against the plaintiff arising out of the transaction or occurrence that is the subject matter of the plaintiff's claim against the third-party plaintiff. (c) Plaintiff's claim against third party. The plaintiff shall assert any claim against the third-party defendant arising out of the transaction or occurrence that is the subject matter of the plaintiff's claim against the third-party plaintiff, and the third-party defendant thereupon shall assert defenses as provided by Rules 2-322 and 2-323 and may assert counterclaims and cross-claims as provided by Rule 2-331. If the plaintiff fails to assert any such claim against the third-party defendant, the plaintiff may not thereafter assert that claim in a separate action instituted after the third-party defendant has been impleaded. This section does not apply when a third-party claim has been stricken pursuant to section (e) of this Rule. (d) Additional parties. A third-party defendant may proceed under this Rule against any person who is or may be liable to the third-party defendant for all or part of the claim made in the pending action. When a counterclaim is asserted against a plaintiff, the plaintiff may cause a third party to be brought in under circumstances that would entitle a defendant to do so under this Rule. (e) Time for filing. If a party files a third-party claim more than 30 days after the time for filing that party's answer, any other party may file, within 15 days of service of the third-party claim, a motion to strike it or to sever it for separate trial. When such a motion is filed, the time for responding to the third-party claim is extended without special order to 15 days after entry of the court's order on the motion. The court shall grant the motion unless there is a showing that the late filing of the third-party claim does not prejudice other parties to the action.

HISTORY: (Amended June 21, 1995, effective Sept. 1, 1995; amended Nov. 8, 2005, effective Jan. 1, 2006; June 7, 2011, effective July 1, 2011.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 300. PLEADINGS AND MOTIONS Md. Rule 2-341 (2012) Rule 2-341. Amendment of pleadings (a) Without leave of court. A party may file an amendment to a pleading without leave of court by the date set forth in a scheduling order or, if there is no scheduling order, no later than 30 days before a scheduled trial date. Within 15 days after service of an amendment, any other party to the action may file a motion to strike setting forth reasons why the court should not allow the amendment. If an amendment introduces new facts or varies the case in a material respect, an adverse party who wishes to contest new facts or allegations shall file a new or additional answer to the amendment within the time remaining to answer the original pleading or within 15 days after service of the amendment, whichever is later. If no new or additional answer is filed within the time allowed, the answer previously filed shall be treated as the answer to the amendment. (b) With leave of court. A party may file an amendment to a pleading after the dates set forth in section (a) of this Rule only with leave of court. If the amendment introduces new facts or varies the case in a material respect, the new facts or allegations shall be treated as having been denied by the adverse party. The court shall not grant a continuance or mistrial unless the ends of justice so require. Committee note. -- The court may grant leave to amend the amount sought in a demand for a money judgment after a jury verdict is returned. See Falcinelli v. Cardascia, 339 Md. 414 (1995). (c) Scope. An amendment may seek to (1) change the nature of the action or defense, (2) set forth a better statement of facts concerning any matter already raised in a pleading, (3) set forth transactions or events that have occurred since the filing of the pleading sought to be amended, (4) correct misnomer of a party, (5) correct misjoinder or nonjoinder of a party so long as one of the original plaintiffs and one of the original defendants remain as parties to the action, (6) add a party or parties, (7) make any other appropriate change. Amendments shall be freely allowed when justice so permits. Errors or defects in a pleading not corrected by an amendment shall be disregarded unless they affect the substantial rights of the parties. (d) If new party added. If a new party is added by amendment, the amending party shall cause a summons and complaint, together with a copy of all pleadings, scheduling notices, court orders, and other papers previously filed in the action, to be served upon the new party. (e) Highlighting of amendments. Unless the court orders otherwise, a party filing an amended pleading also shall file at the same time a comparison copy of the amended pleading showing by lining through or enclosing in brackets material that has been stricken and by underlining or setting

forth in bold-faced type new material. HISTORY: (Amended June 21, 1995, effective Sept. 1, 1995; Feb. 10, 1998, effective July 1, 1998; amended Nov. 8, 2005, effective Jan. 1, 2006; May 8, 2007, effective July 1, 2007; Dec. 4, 2007, effective Jan. 1, 2008.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 300. PLEADINGS AND MOTIONS Md. Rule 2-342 (2012) Rule 2-342. Amendment of other papers With leave of court and upon such terms as the court may impose, any motion or other paper may be amended. MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 400. DISCOVERY Md. Rule 2-401 (2012) Rule 2-401. General provisions governing discovery (a) Discovery methods. Parties may obtain discovery by one or more of the following methods: (1) depositions upon oral examination or written questions, (2) written interrogatories, (3) production or inspection of documents or other tangible things or permission to enter upon land or other property, (4) mental or physical examinations, and (5) requests for admission of facts and genuineness of documents. (b) Sequence and timing of discovery. Unless the court orders otherwise, methods of discovery may be used in any sequence and the fact that a party is conducting discovery, whether by deposition or otherwise, shall not operate to delay any other party's discovery. The court may at any time order that discovery be completed by a specified date or time, which shall be a reasonable time after the action is at issue. (c) Discovery plan. The parties are encouraged to reach agreement on a plan for the scheduling and completion of discovery. (d) Discovery material. (1) Defined. For purposes of this section, the term "discovery material" means a notice of deposition, an objection to the form of a notice of deposition, the questions for a deposition upon written questions, an objection to the form of the questions for a deposition upon written questions, a deposition transcript, interrogatories, a response to interrogatories, a request for discovery of documents and property, a response to a request for discovery of documents and property, a

request for admission of facts and genuineness of documents, and a response to a request for admission of facts and genuineness of documents. (2) Not to be filed with court. Except as otherwise provided in these rules or by order of court, discovery material shall not be filed with the court. Instead, the party generating the discovery material shall serve the discovery material on all other parties and promptly shall file with the court a notice stating (A) the type of discovery material served, (B) the date and manner of service, and (C) the party or person served. The party generating the discovery material shall retain the original and shall make it available for inspection by any other party. This section does not preclude the use of discovery material at trial or as exhibits to support or oppose motions. Cross references. -- Rule 2-311 (c). Committee note. -- Rule 1-321 requires that the notice be served on all parties. Rule 1-323 requires that it contain a certificate of service. Parties exchanging discovery material are encouraged to comply with requests that the material be provided in a word processing file or other electronic format. (e) Supplementation of responses. Except in the case of a deposition, a party who has responded to a request or order for discovery and who obtains further material information before trial shall supplement the response promptly. (f) Substitution of a party. Substitution of a party pursuant to Rule 2-241 does not affect the conduct of discovery previously commenced or the use of the product of discovery previously conducted. (g) Stipulations regarding discovery procedure. Unless the court orders otherwise, the parties by written stipulation may (1) provide that a deposition may be taken before any person, at any time or place, upon any notice, and in any manner and, when so taken, may be used like other depositions and (2) modify the procedures provided by these rules for other methods of discovery, except that the parties may not modify any discovery procedure if the effect of the modification would be to impair or delay a scheduled court proceeding or conference or delay the time specified in a court order for filing a motion or other paper. HISTORY: (Amended Mar. 22, 1991, effective July 1, 1991; June 7, 1994, effective Oct. 1, 1994; Nov. 12, 2003, effective Jan. 1, 2004; April 5, 2005, effective July 1, 2005.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 400. DISCOVERY Md. Rule 2-402 (2012) 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 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 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 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 2-422, encompassing, without exception, whatever is stored electronically. Subsection (b)(2) addresses the difficulties that may be associated with locating, retrieving, and providing discovery of some electronically stored information. Ordinarily, the reasonable costs of retrieving and reviewing electronically stored information are borne by the

responding party. At times, however, the information sought is not reasonably available to the responding party in the ordinary course of business. For example, restoring deleted data, disaster recovery tapes, residual data, or legacy systems may involve extraordinary effort or resources to restore the data to an accessible format. This subsection empowers the court, after considering the factors listed in subsection (b)(1), to shift or share costs if the demand is unduly burdensome because of the nature of the effort involved to comply and the requesting party has demonstrated substantial need or justification. See, The Sedona Conference, The Sedona Principles: Best Practices Recommendations and Principles for Addressing Electronic Document Production, (2d ed. 2007), Principle 13 and related Comment. (c) Insurance agreement. A party may obtain discovery of the existence and contents of any insurance agreement under which any person carrying on an insurance business might be liable to satisfy part or all of a judgment that might be entered in the action or to indemnify or reimburse for payments made to satisfy the judgment. Information concerning the insurance agreement is not by reason of disclosure admissible in evidence at trial. For 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, 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) 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. Promptly after being notified, each receiving party shall return, sequester, or destroy the specified information and any copies and may not use or disclose the information until the claim is resolved. A receiving party who wishes to determine the validity of a claim of privilege shall promptly file a motion under seal requesting that the court determine the validity of the claim. A receiving party who disclosed the information before being notified shall take reasonable steps to retrieve it. The producing party shall preserve the information until the claim is resolved.

Committee note. -- Subsection (e) (2) allows a producing party to assert a claim of privilege or work-product 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 work product protection within a "reasonable time." See Elkton Care Center Associates v. Quality Care Management, Inc., 145 Md. App. 532 (2002). (3) Effect of inadvertent disclosure. A disclosure of a communication or information covered by the attorney-client privilege or work product 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 information or work product 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 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) (attorney-client privilege). (4) 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 the attorney-client privilege or work product 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)(4) 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 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 and work product if the consequence of disclosure is that the information can be used by nonparties to the litigation. Subsection (e)(4) provides that an agreement of the parties governing confidentiality of disclosures is enforceable against nonparties only if it is incorporated in a court order, but there can be no assurance that this enforceability will be recognized by courts other than those of this State. There is some dispute as to whether a confidentiality order entered in one case can bind nonparties from asserting waiver by disclosure in separate litigation. See generally Hopson v. City of Baltimore, 232 F.R.D. 228 (D.Md. 2005), for a discussion of this case law. (f) Trial preparation -- Party's or witness' own statement. A party may obtain a statement concerning the action or its subject matter previously made by that party without the showing required under section (d) of this Rule. A person who is not a party may obtain, or may authorize in writing a party to obtain, a statement concerning the action or its subject matter previously made by that person without the showing required under section (d) of this Rule. For purposes of this 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. 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). (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. (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. HISTORY: (Amended June 5, 1996, effective Jan. 1, 1997; Nov. 12, 2003, effective Jan. 1, 2004; Dec. 4, 2007, effective Jan. 1, 2008.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 400. DISCOVERY Md. Rule 2-403 (2012) Rule 2-403. Protective orders (a) Motion. On motion of a party or of a person from whom discovery is sought, and for good cause shown, the court may enter any order that justice requires to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense, including one or more of the following: (1) that the discovery not be had, (2) that the discovery not be had until other designated discovery has been completed, a pretrial conference has taken place, or some other event or proceeding has occurred, (3) that the discovery may be had only on specified terms and conditions, including an allocation of the expenses or a designation of the time or place, (4) that the discovery may be had only by a method of discovery other than that selected by the party seeking discovery,

(5) that certain matters not be inquired into or that the scope of the discovery be limited to certain matters, (6) that discovery be conducted with no one present except persons designated by the court, (7) that a deposition, after being sealed, be opened only by order of the court, (8) that a trade secret or other confidential research, development, or commercial information not be disclosed or be disclosed only in a designated way, (9) that the parties simultaneously file specified documents or information enclosed in sealed envelopes to be opened as directed by the court. (b) Order. If the motion for a protective order is denied in whole or in part, the court may, on such terms and conditions as are just, order that any party or person provide or permit discovery. HISTORY: (Amended Nov. 12, 2003, effective Jan. 1, 2004.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 400. DISCOVERY Md. Rule 2-404 (2012) Rule 2-404. Perpetuation of evidence (a) Before action instituted. (1) Right to take. A person who may have an interest in an action that the person expects to be brought may perpetuate testimony or other evidence relevant to any claim or defense that may be asserted in the expected action in accordance with these rules. In applying these rules, a person who files or is served with a notice, request, or motion shall be deemed a "party" and references to the "court in which the action is pending" shall be deemed to refer to the court in which the notice, request, or motion is filed. (2) Notice, request, motion. The notice of deposition required by Rule 2-412, the request for production of documents required by Rule 2-422, and the motion for mental or physical examination required by Rule 2-423 shall include a description of the subject matter of the expected action, a description of the person's interest in the expected action, the facts that the person desires to establish through the evidence to be perpetuated, the person's reasons for desiring to perpetuate the evidence, and, in the case of a deposition, the substance of the testimony that the person expects to elicit and a statement that any person served has a right to be present. The notice, request or motion shall include a statement that the information sought may be used in a later action. (3) Filing. The notice, request, or motion shall be filed in the circuit court in the county of residence of any expected resident adverse party. If the expected adverse party is not a resident of this State, the notice, request, or motion shall be filed in the circuit court in any county where venue of the expected action would be proper. The clerk shall index the notice, request, or motion under the name of the person seeking to perpetuate evidence as plaintiff and under the names of the persons served. All motions, responses, and orders of court shall be filed. Unless otherwise ordered by the court, if the person seeking to perpetuate evidence or any other person who may be interested in the matter requests, the deposition, the documents or other things produced, or any

reports shall be filed under seal. The clerk shall make appropriate docket entries. (4) Service. The notice, request, or motion shall be served in the manner provided by Chapter 100 of this Title for service of summons on each person against whom the testimony or other evidence is expected to be used and on any other interested person. If the court orders that service be made upon a person in accordance with Rule 2-122, the court may appoint an attorney to represent that person. (5) Subpoena or court order. No sanctions shall be available against a person from whom evidence is sought under this Rule in the absence of service of a subpoena or court order. (6) Use of perpetuated evidence. Evidence perpetuated in accordance with the requirements of this section may be used in any court in any action involving the same subject matter and against any person served with a notice, request, or motion in the manner provided by subsection (a) (4) of this Rule. Depositions may be used to the extent permitted by Rule 2-419. Use of a report of findings or of testimony of an examining physician or physicians shall be subject to the order required by Rule 2-423. (b) Pending appeal. After an appeal has been taken or before an appeal is taken if the appeal period has not expired, the circuit court in which the judgment or appealable order was entered may allow perpetuation of evidence for use in the event of further proceedings in that court. A motion for leave to perpetuate evidence shall be filed and served as if the action were pending in the circuit court. The motion shall identify (1) the reasons for perpetuating evidence, (2) the persons to be examined and the substance of the testimony expected from each, and (3) the documents or things to be inspected and preserved, if any. If the court finds that perpetuation of the evidence is proper to avoid a failure or delay of justice, it may enter an order allowing depositions to be taken, permitting documents and tangible things to be inspected or copied as provided by Rule 2-422, or requiring submission to a mental or physical examination as provided by Rule 2-423. The court's order may include any provision which justice requires to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense. Testimony perpetuated in accordance with this section may be used to the extent permitted by Rule 2-419. Use of evidence perpetuated in accordance with this section shall be subject to the court's order permitting it to be perpetuated. HISTORY: (Amended June 3, 1988, effective July 1, 1988; Nov. 12, 2003, effective Jan. 1, 2004.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 400. DISCOVERY Md. Rule 2-411 (2012) Rule 2-411. Deposition -- Right to take Any party to an action may cause the testimony of a person, whether or not a party, to be taken by deposition for the purpose of discovery or for use as evidence in the action or for both purposes.

Leave of court must be obtained to take a deposition (a) before the earliest day on which any defendant's initial pleading or motion is required; (b) that is longer than one seven-hour day; (c) of an individual confined in prison; or (d) of an individual who has previously been deposed in the same action unless further deposition is permitted under Rule 2-415 (i) because substantive changes have been made to the deposition transcript. Leave of court may be granted on such terms as the court prescribes. HISTORY: (Amended Nov. 12, 2003, effective Jan. 1, 2004; Dec. 8, 2003, effective July 1, 2004.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 400. DISCOVERY Md. Rule 2-412 (2012) Rule 2-412. Deposition -- Notice (a) Generally. A party desiring to take a deposition shall serve a notice of deposition upon oral examination at least ten days before the date of the deposition or a notice of deposition upon written questions in accordance with Rule 2-417. The notice shall state the time and place for taking the deposition and the name and address of the person to be examined or, if the name is not known, a general description sufficient to identify the person or the particular class or group to which the person belongs. If a subpoena is to be served on the person to be examined, it shall be served at least ten days before the date of the deposition. (b) Videotape or audiotape. If the deposition is to be recorded by videotape or audiotape, the notice shall specify the method of recording. If a videotape deposition is to be taken for use at trial pursuant to Rule 2-419 (a) (4), the notice shall so specify. (c) Documents or other tangible things. The notice to a party deponent may contain or be accompanied by a request for the production of documents or other tangible things at the taking of the deposition, in which case the provisions of Rule 2-422 shall apply to the request. A non-party deponent may be required to produce documents or other tangible things at the taking of the deposition by a subpoena. If a subpoena requiring the production of documents or other tangible things at the taking of the deposition is to be served on a party or nonparty deponent, the designation of the materials to be produced as set forth in the subpoena shall be attached to or included in the notice and the subpoena shall be served at least 30 days before the date of the deposition. (d) Designation of person to testify for an organization. A party may in a notice and subpoena name as the deponent a public or private corporation or a partnership or association or governmental agency and describe with reasonable particularity the matters on which examination is requested. The organization so named shall designate one or more officers, directors, managing agents, or other persons who will testify on its behalf regarding the matters described and may set forth the matters on which each person designated will testify. A subpoena shall advise a nonparty organization of its duty to make such a designation. The persons so designated shall testify as to

matters known or reasonably available to the organization. (e) Objection to form. Any objection to the form of the notice for taking a deposition is waived unless promptly served in writing. HISTORY: (Amended Mar. 22, 1991, effective July 1, 1991; Nov. 12, 2003, effective Jan. 1, 2004.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 400. DISCOVERY Md. Rule 2-413 (2012) Rule 2-413. Deposition -- Place (a) Nonparty. (1) In this State. A resident of this State who is not a party may be required to attend a deposition in this State only in the county in which the person resides or is employed or engaged in business, or at any other convenient place fixed by order of court. A nonresident who is not a party may be required to attend a deposition in this State only in the county in which the nonresident is served with a subpoena or within 40 miles from the place of service, or at any other convenient place fixed by order of court. (2) Out of State. A person who is not a party may be required to attend a deposition outside of this State in accordance with the law of the place where the deposition is held. (b) Party. A party may be required to attend a deposition wherever a nonparty could be required to attend or in the county in which the action is pending. MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 400. DISCOVERY Md. Rule 2-414 (2012) Rule 2-414. Deposition -- Officer before whom taken (a) In this State. In this State, a deposition shall be taken before any person authorized to administer an oath. (b) In other states. In any other state of the United States or in a territory, district, or possession of the United States, a deposition shall be taken before any person authorized to administer an oath by the laws of the United States or by the laws of the place where the deposition is taken or before any person appointed by the court in which the action is pending. The person appointed has the power to administer an oath and take testimony.

(c) In foreign countries. In a foreign country, a deposition may be taken (1) on notice before any person authorized to administer an oath in the place in which the deposition is taken, either by the laws of that place or by the laws of the United States, or (2) before any person commissioned by the court, which person has the power by virtue of the commission to administer an oath and take testimony, or (3) pursuant to a letter rogatory. A commission or a letter rogatory shall be issued on motion and notice and on terms that are just and appropriate. It is not necessary to the issuance of a commission or a letter rogatory that the taking of the deposition in any other manner is impracticable or inconvenient, and both a commission and a letter rogatory may be issued in proper cases. A notice or commission may designate the person before whom the deposition is to be taken either by name or descriptive title. A letter rogatory may be addressed "To the Appropriate Authority in (here name the country)." Evidence obtained in response to a letter rogatory need not be excluded merely for the reason that it is not a verbatim transcript or that the testimony was not taken under oath or for any similar departure from the requirements for depositions taken within the United States under these rules. (d) Disqualification for interest. A deposition shall not be taken before a person who is a relative or employee or attorney of a party, or is a relative or employee of an attorney of a party, or is financially interested in the action. (e) Objections. Any objection to the taking of a deposition because of the disqualification of the officer is waived unless made before the deposition begins or as soon thereafter as the disqualification becomes known or could be discovered with reasonable diligence. HISTORY: (Amended Nov. 12, 2003, effective Jan. 1, 2004.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 400. DISCOVERY Md. Rule 2-415 (2012) Rule 2-415. Deposition -- Procedure (a) Oath and record of testimony. The deponent shall be put on oath by the officer before whom a deposition is taken, and the testimony of the deponent shall be recorded by the officer or by someone acting under the direction and in the presence of the officer. The testimony shall be recorded stenographically or, pursuant to Rule 2-416, by videotape or audiotape. The testimony shall also be transcribed unless the parties agree otherwise or unless the court orders otherwise to avoid expense, hardship, or injustice. The court may order one or more of the parties to pay the cost of transcription. (b) Examination and cross-examination. When a deposition is taken upon oral examination, examination and cross-examination of the deponent may proceed as permitted in the trial of an action in open court. The cross-examination need not be limited to the subject matter of the examination in chief, but its use shall be subject to the provisions of Rule 2-419. Instead of participating in the oral examination, a party served with a notice of deposition may transmit

written questions to the officer before whom the deposition is taken, who shall propound them to the deponent. (c) Materials produced. Any party may inspect and copy documents and other tangible things produced by a deponent and may require them to be marked for identification and attached to and returned with the transcript. However, if the person producing the materials requests their return, (1) the person producing the materials, upon affording each party an opportunity to verify the copies by comparison with the originals, may substitute copies to be marked for identification and attached to and returned with the transcript, or (2) the person producing the materials may offer the originals to be marked for identification, after affording each party an opportunity to inspect and copy them, in which event the materials may be used in the same manner as if attached to and returned with the transcript. Any party may move for an order that the originals be attached to and returned with the transcript to the court, pending final disposition of the case. (d) Signature and Changes. Unless changes and signing are waived by the deponent and the parties, the officer shall submit the transcript to the deponent, accompanied by a notice in substantially the following form: [Caption of case] NOTICE TO [name of deponent]

The enclosed transcript of your deposition in the above-captioned case is submitted to you on [date of submission of the transcript to the deponent] for your signature and any corrections or other changes you wish to make. All corrections and other changes will become part of your sworn testimony. After you have read the transcript, sign it and, if you are making changes, attach to the transcript a separate correction sheet stating the changes and the reason why each change is being made. Return the signed transcript and any correction sheet to [name and address of officer before whom the deposition was taken] no later than 30 days after the date stated above. If you fail to return the signed transcript and any correction sheet within the time allowed, the transcript may be used as if signed by you. See Rules 2-415 and 2-501 of the Maryland Rules of Procedure. Within 30 days after the date the officer mails or otherwise submits the transcript to the deponent, the deponent shall (1) sign the transcript and (2) note any changes to the form or substance of the testimony in the transcript on a separate correction sheet, stating the reason why each change is being made. The officer promptly shall serve a copy of the correction sheet on the parties and attach the correction sheet to the transcript. The changes contained on the correction sheet become part of the transcript. If the deponent does not timely sign the transcript, the officer shall sign the transcript, certifying the date that the transcript was submitted to the deponent with the notice required by this section and that the transcript was not signed and returned within the time allowed. The transcript may then be used as if signed by the deponent, unless the court finds, on a motion to suppress under section (j) of this Rule, that the reason for the failure to sign requires rejection of all

or part of the transcript. Cross references. -- See Rule 2-501 (e) for the consequences of filing an affidavit or other written statement under oath that contradicts deposition testimony that was not changed within the time allowed by this section. (e) Certification and notice. The officer shall attach to the transcript a certificate that the deponent was duly sworn and that the transcript is a true record of the testimony given. A transcript prepared from a certified videotape or audiotape may be certified by any person qualified to act as a deposition officer. The officer shall then securely seal the transcript in an envelope endorsed with the title of the action and marked "Deposition of (here insert name of deponent)." (f) Copy to be furnished. Upon receiving payment of reasonable charges, the officer shall furnish a copy of the transcript to any party or to the deponent. (g) Objections. All objections made during a deposition shall be recorded with the testimony. An objection to the manner of taking a deposition, to the form of questions or answers, to the oath or affirmation, to the conduct of the parties, or to any other kind of error or irregularity that might be obviated or removed if objected to at the time of its occurrence is waived unless a timely objection is made during the deposition. An objection to the competency of a witness or to the competency, relevancy, or materiality of testimony is not waived by failure to make it before or during a deposition unless the ground of the objection is one that might have been obviated or removed if presented at that time. The grounds of an objection need not be stated unless requested by a party. If the ground of an objection is stated, it shall be stated specifically, concisely, and in a nonargumentative and non-suggestive manner. If a party desires to make an objection for the record during the taking of a deposition that reasonably could have the effect of coaching or suggesting to the deponent how to answer, then the deponent, at the request of any party, shall be excused from the deposition during the making of the objection. Committee note. -- During the taking of a deposition, it is presumptively improper for an attorney to make objections that are not consistent with Rule 2-415 (g). Objections should be stated as simply, concisely, and non-argumentatively as possible to avoid coaching or making suggestions to the deponent and to minimize interruptions in the questioning of the deponent. Examples include "objection, leading;" "objection, asked and answered;" and "objection, compound question." (h) Refusals to answer. When a deponent refuses to answer a question, the proponent of the question shall complete the examination to the extent practicable before filing a motion for an order compelling discovery. (i) Further Deposition Upon Substantive Changes to Transcript. If a correction sheet contains substantive changes, any party may serve notice of a further deposition of the deponent limited to the subject matter of the substantive changes made by the deponent unless the court, on motion of a party pursuant to Rule 2-403, enters a protective order precluding the further deposition. (j) Motions to suppress. An objection to the manner in which testimony is transcribed, videotaped, or audiotaped, or to the manner in which a transcript is prepared, signed, certified, sealed,

endorsed, transmitted, filed, or otherwise dealt with by the officer is waived unless a motion to suppress all or part of the deposition is made promptly after the defect is or with due diligence might have been ascertained. In ruling on a motion to suppress, the court may grant leave to any party to depose the deponent further on terms and conditions the court deems appropriate. HISTORY: (Amended Mar. 22, 1991, effective July 1, 1991; Dec. 16, 1999, effective Jan. 1, 2000; Dec. 8, 2003, effective July 1, 2004.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 400. DISCOVERY Md. Rule 2-416 (2012) Rule 2-416. Deposition -- Videotape and audiotape (a) Permitted. Any deposition may be recorded by videotape or audiotape without a stenographic record, but a party may cause a stenographic record of the deposition to be made at the party's own expense. Except as otherwise provided by this Rule, the rules of this chapter apply to videotape and audiotape depositions. (b) Deferral. On motion of a party made prior to the deposition, the court may order that a videotape deposition intended for use at trial be postponed or begun subject to being continued, on such terms as are just, if the court finds that the deposition is to be taken before the moving party has had an adequate opportunity to prepare, by discovery deposition of the deponent or other means, for cross-examination of the deponent. (c) Physical arrangements. The area to be used for recording testimony shall be suitable in size, have adequate lighting, and be reasonably quiet. The physical arrangements shall not be unduly suggestive or otherwise prejudicial. (d) Operator. The operator of the recording equipment shall be competent to set up, operate, and monitor the equipment in accordance with this Rule. The operator may be an employee of the attorney taking the deposition unless the operator is also the officer before whom the deposition is being taken. (e) Operation of the equipment. The operator shall not distort the appearance or demeanor of participants in the deposition by the use of camera or sound recording techniques. (f) Procedure. The deposition shall begin by the operator stating on camera or on the audiotape: (1) the operator's name and address, (2) the name and address of the operator's employer, (3) the date, time, and place of the deposition, (4) the caption of the case, (5) the name of the deponent, and (6) the name of the party giving notice of the deposition. The officer before whom the deposition is taken shall identify himself or herself and swear the deponent on camera or on the audiotape. At the conclusion of the deposition, the operator shall state on camera or on the audiotape that the deposition is concluded. When more than one tape is used, the operator shall announce the end of each tape and the beginning of the next tape on camera or on the audiotape. A videotape deposition

shall be timed by a clock that shall show on camera whenever possible each hour, minute, and second of the deposition. (g) Objections. The officer shall keep a log of all objections made during the deposition and shall reference them to the time shown on the clock on camera or to the videotape or audiotape indicator. Evidence objected to shall be taken subject to the objection. A party intending to offer a videotape or audiotape deposition in evidence shall notify the court and all parties in writing of that intent and of the parts of the deposition to be offered within sufficient time to allow for objections to be made and acted upon before the trial or hearing. Objections to all or part of the deposition shall be made in writing within sufficient time to allow for rulings on them and for editing of the tape before the trial or hearing. The court may permit further designations and objections as justice may require. In excluding objectionable testimony or comments or objections of counsel, the court may order that an edited copy of the videotape or audiotape be made or that the person playing the tape at trial suppress the objectionable portions of the tape. In no event, however, shall the original videotape or audiotape be affected by any editing process. Committee note. -- This section supplements Rule 2-415 (g). (h) Certification. After the deposition has been taken, the officer shall review the videotape or audiotape promptly and attach to it a certificate that the recording is a correct and complete record of the testimony given by the deponent. (i) Custody. The attorney for the party taking the deposition or any other person designated by the court or agreed to by the parties represented at the deposition shall take custody of the videotape or audiotape and be responsible for its safeguarding, permit its viewing or hearing by a party or the deponent, and provide a copy of the videotape or its audio portion or of the audiotape, upon the request and at the cost of a party or the deponent. A videotape or audiotape offered or admitted in evidence at a trial or hearing shall be marked and retained as an exhibit. HISTORY: (Amended Dec. 16, 1999, effective Jan. 1, 2000.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 400. DISCOVERY Md. Rule 2-417 (2012) Rule 2-417. Deposition -- Written questions (a) Notice. A party desiring to take a deposition upon written questions shall serve the questions together with the notice of deposition. Within 30 days after service of the notice and written questions, a party may serve cross questions. Within 15 days after service of cross questions, a party may serve redirect questions. Within 15 days after service of redirect questions, a party may serve recross questions. (b) Examination. A copy of the notice and copies of all direct, cross, redirect, and recross questions served shall be delivered by the party taking the deposition to the officer before whom the

deposition is to be taken. The officer shall take the testimony of the deponent in response to the questions and prepare and certify the transcript of the deposition in the manner provided by these rules. (c) Objection to form. Any objection to the form of written questions submitted under section (a) of this Rule is waived unless served within the time allowed for serving the succeeding questions or, if the objection is to recross questions, within seven days after service of the recross questions. The grounds for an objection shall be stated. HISTORY: (Amended Mar. 22, 1991, effective July 1, 1991.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 400. DISCOVERY Md. Rule 2-418 (2012) Rule 2-418. Deposition -- By telephone The parties may stipulate in writing, or the court on motion may order, that a deposition be taken by telephone. The officer before whom the deposition is taken may administer the oath by telephone. For the purpose of these rules, a deposition taken by telephone is taken at the place where the deponent answers the questions. HISTORY: (Amended Nov. 12, 2003, effective Jan. 1, 2004.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 400. DISCOVERY Md. Rule 2-419 (2012) Rule 2-419. Deposition -- Use (a) When may be used. (1) Contradiction and impeachment. A party may use a deposition transcript and any correction sheets to contradict or impeach the testimony of the deponent as a witness. (2) By adverse party. The deposition of a party or of anyone who at the time of taking the deposition was an officer, director, managing agent, or a person designated under Rule 2-412 (d) to testify on behalf of a public or private corporation, partnership, association, or governmental agency which is a party may be used by an adverse party for any purpose. (3) Witness not available or exceptional circumstances. The deposition of a witness, whether or not a party, may be used by any party for any purpose against any other party who was present or represented at the taking of the deposition or who had due notice thereof, if the court finds:

(A) that the witness is dead; or (B) that the witness is out of the State, unless it appears that the absence of the witness was procured by the party offering the deposition; or (C) that the witness is unable to attend or testify because of age, mental incapacity, sickness, infirmity, or imprisonment; or (D) that the party offering the deposition has been unable to procure the attendance of the witness by subpoena; or (E) upon motion and reasonable notice, that such exceptional circumstances exist as to make it desirable, in the interest of justice and with due regard to the importance of presenting the testimony of witnesses orally in open court, to allow the deposition to be used. (4) Videotape deposition of expert. A videotape deposition of a treating or consulting physician or of any expert witness may be used for any purpose even though the witness is available to testify if the notice of that deposition specified that it was to be taken for use at trial. (b) Use of part of deposition. If only part of a deposition is offered in evidence by a party, an adverse party may require the offering party to introduce at that time any other part that in fairness ought to be considered with the part offered and any party may introduce any other part in accordance with this Rule. (c) Deposition taken in another action. A deposition lawfully taken in another action may be used like any other deposition if the other action was brought in any court of this State, of any other state, or of the United States, involved the same subject matter, and was brought between the same parties or their representatives or predecessors in interest. (d) Objection to admissibility. Subject to Rules 2-412 (e), 2-415 (g) and (j), 2-416 (g), and 2-417 (c), an objection may be made at a hearing or trial to receiving in evidence all or part of a deposition for any reason that would require the exclusion of the evidence if the witness were then present and testifying. (e) Effect of deposition. A party does not make a person that party's own witness by taking the person's deposition. The introduction in evidence of all or part of a deposition for any purpose other than as permitted by subsections (a) (1) and (a) (2) of this Rule makes the deponent the witness of the party introducing the deposition. At a hearing or trial, a party may rebut any relevant evidence contained in a deposition, whether introduced by that party or by any other party. HISTORY: (Amended Dec. 8, 2003, effective July 1, 2004.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 400. DISCOVERY Md. Rule 2-421 (2012)

Rule 2-421. Interrogatories to parties (a) Availability; number. Any party may serve written interrogatories directed to any other party. Unless the court orders otherwise, a party may serve one or more sets having a cumulative total of not more than 30 interrogatories to be answered by the same party. Interrogatories, however grouped, combined, or arranged and even though subsidiary or incidental to or dependent upon other interrogatories, shall be counted separately. Each form interrogatory contained in the Appendix to these Rules shall count as a single interrogatory. (b) Response. The party to whom the interrogatories are directed shall serve a response within 30 days after service of the interrogatories or within 15 days after the date on which that party's initial pleading or motion is required, whichever is later. The response shall answer each interrogatory separately and fully in writing under oath, or shall state fully the grounds for refusal to answer any interrogatory. The response shall set forth each interrogatory followed by its answer. An answer shall include all information available to the party directly or through agents, representatives, or attorneys. The response shall be signed by the party making it. (c) Option to produce business records. When (1) the answer to an interrogatory may be derived or ascertained from the business records, including electronically stored information, of the party upon whom the interrogatory has been served or from an examination, audit, or inspection of those business records or a compilation, abstract, or summary of them, and (2) the burden of deriving or ascertaining the answer is substantially the same for the party serving the interrogatory as for the party served, and (3) the party upon whom the interrogatory has been served has not already derived or ascertained the information requested, it is a sufficient answer to the interrogatory to specify the records from which the answer may be derived or ascertained and to afford to the party serving the interrogatory reasonable opportunity to examine, audit, or inspect the records and to make copies, compilations, abstracts, or summaries. A specification shall be in sufficient detail to permit the interrogating party to locate and to identify, as readily as can the party served, the records from which the answer may be ascertained. (d) Use. Answers to interrogatories may be used at the trial or a hearing to the extent permitted by the rules of evidence. HISTORY: (Amended Mar. 22, 1991, effective July 1, 1991; June 7, 1994, effective Oct. 1, 1994; Jan. 18, 1996, effective July 1, 1996; Nov. 12, 2003, effective Jan. 1, 2004; Dec. 4, 2007, effective Jan. 1, 2008.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 400. DISCOVERY Md. Rule 2-422 (2012) Rule 2-422. Discovery of documents, electronically stored information, and property (a) Scope. Any party may serve one or more requests to any other party (1) as to items that are in

the possession, custody, or control of the party upon whom the request is served, to produce and permit the party making the request, or someone acting on the party's behalf, to inspect, copy, test or sample designated documents or electronically stored information (including writings, drawings, graphs, charts, photographs, sound recordings, images, and other data or data compilations stored in any medium from which information can be obtained, translated, if necessary, by the respondent through detection devices into reasonably usable form) or to inspect and copy, test, or sample any designated tangible things which constitute or contain matters within the scope of Rule 2-402 (a); or (2) to permit entry upon designated land or other property in the possession or control of the party upon whom the request is served for the purpose of inspection, measuring, surveying, photographing, testing, or sampling the property or any designated object or operation on the property, within the scope of Rule 2-402 (a). (b) Request. A request shall set forth the items to be inspected, either by individual item or by category; describe each item and category with reasonable particularity; and specify a reasonable time, place, and manner of making the inspection and performing the related acts. The request may specify the form in which electronically stored information is to be produced. (c) Response. The party to whom a request is directed shall serve a written response within 30 days after service of the request or within 15 days after the date on which that party's initial pleading or motion is required, whichever is later. The response shall state, with respect to each item or category, that (1) inspection and related activities will be permitted as requested, (2) the request is refused, or (3) the request for production in a particular form is refused. The grounds for each refusal shall be fully stated. If the refusal relates to part of an item or category, the part shall be specified. If a refusal relates to the form in which electronically stored information is requested to be produced (or if no form was specified in the request) the responding party shall state the form in which it would produce the information. Cross references. -- See Rule 2-402 (b)(1) for a list of factors used by the court to determine the reasonableness of discovery requests and (b)(2) concerning the assessment of the costs of discovery. (d) Production. (1) A party who produces documents or electronically stored information for inspection shall (A) produce the documents or information as they are kept in the usual course of business or organize and label them to correspond with the categories in the request, and (B) produce electronically stored information in the form specified in the request or, if the request does not specify a form, in the form in which it is ordinarily maintained or in a form that is reasonably usable. (2) A party need not produce the same electronically stored information in more than one form. HISTORY: (Amended Mar. 22, 1991, effective July 1, 1991; Nov. 12, 2003, effective Jan. 1, 2004; Dec. 4, 2007, effective Jan. 1, 2008.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 400. DISCOVERY

Md. Rule 2-423 (2012) Rule 2-423. Mental or physical examination of persons When the mental or physical condition or characteristic of a party or of a person in the custody or under the legal control of a party is in controversy, the court may order the party to submit to a mental or physical examination by a suitably licensed or certified examiner or to produce for examination the person in the custody or under the legal control of the party. The order may be entered only on motion for good cause shown and upon notice to the person to be examined and to all parties. It shall specify the time and place, manner, conditions, and scope of the examination and the person or persons by whom it is to be made. The order may regulate the filing and distribution of a report of findings and conclusions and the testimony at trial by the examiner, the payment of expenses, and any other relevant matters. HISTORY: (Amended July 23, 1997.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 400. DISCOVERY Md. Rule 2-424 (2012) Rule 2-424. Admission of facts and genuineness of documents (a) Request for admission. A party may serve one or more written requests to any other party for the admission of (1) the genuineness of any relevant documents or electronically stored information described in or exhibited with the request, or (2) the truth of any relevant matters of fact set forth in the request. Copies of documents shall be served with the request unless they have been or are otherwise furnished or made available for inspection and copying. Each matter of which an admission is requested shall be separately set forth. (b) Response. Each matter of which an admission is requested shall be deemed admitted unless, within 30 days after service of the request or within 15 days after the date on which that party's initial pleading or motion is required, whichever is later, the party to whom the request is directed serves a response signed by the party or the party's attorney. As to each matter of which an admission is requested, the response shall set forth each request for admission and shall specify an objection, or shall admit or deny the matter, or shall set forth in detail the reason why the respondent cannot truthfully admit or deny it. The reasons for any objection shall be stated. A denial shall fairly meet the substance of the requested admission, and when good faith requires that a party qualify an answer or deny only a part of the matter of which an admission is requested, the party shall specify so much of it as is true and deny or qualify the remainder. A respondent may not give lack of information or knowledge as a reason for failure to admit or deny unless the respondent states that after reasonable inquiry the information known or readily obtainable by the respondent is insufficient to enable the respondent to admit or deny. A party who considers that a matter of which an admission is requested presents a genuine issue for trial may not, on that ground alone, object to the request but the party may, subject to the provisions of section (e) of this

Rule, deny the matter or set forth reasons for not being able to admit or deny it. (c) Determination of sufficiency of response. The party who has requested the admission may file a motion challenging the timeliness of the response or the sufficiency of any answer or objection. A motion challenging the sufficiency of an answer or objection shall set forth (1) the request, (2) the answer or objection, and (3) the reasons why the answer or objection is insufficient. Unless the court determines that an objection is justified, it shall order that an answer be served. If the court determines that an answer does not comply with the requirements of this Rule, it may order either that the matter is admitted or that an amended answer be served. If the court determines that the response was served late, it may order the response stricken. The court may, in place of these orders, determine that final disposition of the request be made at a pretrial conference or at a designated time prior to trial. (d) Effect of admission. Any matter admitted under this Rule is conclusively established unless the court on motion permits withdrawal or amendment. The court may permit withdrawal or amendment if the court finds that it would assist the presentation of the merits of the action and the party who obtained the admission fails to satisfy the court that withdrawal or amendment will prejudice that party in maintaining the action or defense on the merits. Any admission made by a party under this Rule is for the purpose of the pending action only and is not an admission for any other purpose, nor may it be used against that party in any other proceeding. (e) Expenses of failure to admit. If a party fails to admit the genuineness of any document or the truth of any matter as requested under this Rule and if the party requesting the admissions later proves the genuineness of the document or the truth of the matter, the party may move for an order requiring the other party to pay the reasonable expenses incurred in making the proof, including reasonable attorney's fees. The court shall enter the order unless it finds that (1) an objection to the request was sustained pursuant to section (c) of this Rule, or (2) the admission sought was of no substantial importance, or (3) the party failing to admit had reasonable ground to expect to prevail on the matter, or (4) there was other good reason for the failure to admit. HISTORY: (Amended Mar. 22, 1991, effective July 1, 1991; Nov. 12, 2003, effective Jan. 1, 2004; Dec. 4, 2007, effective Jan. 1, 2008.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 400. DISCOVERY Md. Rule 2-431 (2012) Rule 2-431. Certificate requirement A dispute pertaining to discovery need not be considered by the court unless the attorney seeking action by the court has filed a certificate describing the good faith attempts to discuss with the opposing attorney the resolution of the dispute and certifying that they are unable to reach agreement on the disputed issues. The certificate shall include the date, time, and circumstances of each discussion or attempted discussion.

MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 400. DISCOVERY Md. Rule 2-432 (2012) Rule 2-432. Motions upon failure to provide discovery (a) Immediate sanctions for certain failures of discovery. A discovering party may move for sanctions under Rule 2-433 (a), without first obtaining an order compelling discovery under section (b) of this Rule, if a party or any officer, director, or managing agent of a party or a person designated under Rule 2-412 (d) to testify on behalf of a party, fails to appear before the officer who is to take that person's deposition, after proper notice, or if a party fails to serve a response to interrogatories under Rule 2-421 or to a request for production or inspection under Rule 2-422, after proper service. Any such failure may not be excused on the ground that the discovery sought is objectionable unless a protective order has been obtained under Rule 2-403. (b) For order compelling discovery. (1) When Available. A discovering party, upon reasonable notice to other parties and all persons affected, may move for an order compelling discovery if (A) there is a failure of discovery as described in section (a) of this Rule, (B) a deponent fails to answer a question asked in an oral or written deposition, (C) a corporation or other entity fails to make a designation under Rule 2-412 (d), (D) a party fails to answer an interrogatory submitted under Rule 2-421, (E) a party fails to comply with a request for production or inspection under Rule 2-422, (F) a party fails to supplement a response under Rule 2-401 (e), or (G) a nonparty deponent fails to produce tangible evidence without having filed written objection under Rule 2-510 (f). (2) Contents of Motion. A motion for an order compelling discovery shall set forth: the question, interrogatory, or request; and the answer or objection; and the reasons why discovery should be compelled. Instead of setting forth the questions and the answers or objections from a deposition, the relevant part of the transcript may be attached to the motion. The motion need not set forth the set of interrogatories or requests when no response has been served. If the court denies the motion in whole or in part, it may enter any protective order it could have entered on a motion pursuant to Rule 2-403. For purposes of this section, an evasive or incomplete answer is to be treated as a failure to answer. (c) By nonparty to compel production of statement. If a party fails to comply with a request of a nonparty made pursuant to Rule 2-402 (f) for production of a statement, the nonparty may move

for an order compelling its production. (d) Time for filing. A motion for an order compelling discovery or for sanctions shall be filed with reasonable promptness. (e) Appropriate court. A motion for an order compelling discovery or for sanctions shall be filed with the court in which the action is pending, except that on matters relating to a deposition, the motion may be filed either with the court in which the action is pending or with the court in the county in which the deposition is being taken. HISTORY: (Amended Apr. 7, 1986, effective July 1, 1986; Mar. 22, 1991, effective July 1, 1991; June 10, 1997, effective July 1, 1997; Jan. 20, 1999, effective July 1, 1999; Nov. 12, 2003, effective Jan. 1, 2004; Dec. 4, 2007, effective Jan. 1, 2008.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 400. DISCOVERY Md. Rule 2-433 (2012) Rule 2-433. Sanctions (a) For certain failures of discovery. Upon a motion filed under Rule 2-432 (a), the court, if it finds a failure of discovery, may enter such orders in regard to the failure as are just, including one or more of the following: (1) An order that the matters sought to be discovered, or any other designated facts shall be taken to be established for the purpose of the action in accordance with the claim of the party obtaining the order; (2) An order refusing to allow the failing party to support or oppose designated claims or defenses, or prohibiting that party from introducing designated matters in evidence; or (3) An order striking out pleadings or parts thereof, or staying further proceeding until the discovery is provided, or dismissing the action or any part thereof, or entering a judgment by default that includes a determination as to liability and all relief sought by the moving party against the failing party if the court is satisfied that it has personal jurisdiction over that party. If, in order to enable the court to enter default judgment, it is necessary to take an account or to determine the amount of damages or to establish the truth of any averment by evidence or to make an investigation of any matter, the court may rely on affidavits, conduct hearings or order references as appropriate, and, if requested, shall preserve to the plaintiff the right of trial by jury. Instead of any order or in addition thereto, the court, after opportunity for hearing, shall require the failing party or the attorney advising the failure to act or both of them to pay the reasonable expenses, including attorney's fees, caused by the failure, unless the court finds that the failure was substantially justified or that other circumstances make an award of expenses unjust.

(b) For loss of electronically stored information. Absent exceptional circumstances, a court may not impose sanctions under these Rules on a party for failing to provide electronically stored information that is no longer available as a result of the routine, good-faith operations of an electronic information system. (c) For failure to comply with order compelling discovery. If a person fails to obey an order compelling discovery, the court, upon motion of a party and reasonable notice to other parties and all persons affected, may enter such orders in regard to the failure as are just, including one or more of the orders set forth in section (a) of this Rule. If justice cannot otherwise be achieved, the court may enter an order in compliance with Rule 15-206 treating the failure to obey the order as a contempt. (d) Award of expenses. If a motion filed under Rule 2-432 or under Rule 2-403 is granted, the court, after opportunity for hearing, shall require the party or deponent whose conduct necessitated the motion or the party or the attorney advising the conduct or both of them to pay to the moving party the reasonable expenses incurred in obtaining the order, including attorney's fees, unless the court finds that the opposition to the motion was substantially justified or that other circumstances make an award of expenses unjust. If the motion is denied, the court, after opportunity for hearing, shall require the moving party or the attorney advising the motion or both of them to pay to the party or deponent who opposed the motion the reasonable expenses incurred in opposing the motion, including attorney's fees, unless the court finds that the making of the motion was substantially justified or that other circumstances make an award of expenses unjust. If the motion is granted in part and denied in part, the court may apportion the reasonable expenses incurred in relation to the motion among the parties and persons in a just manner. HISTORY: (Amended Nov. 22, 1989, effective Jan. 1, 1990; Jan. 20, 1999, effective July 1, 1999; November 12, 2003, effective January 1, 2004; Dec. 4, 2007, effective Jan. 1, 2008.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 400. DISCOVERY Md. Rule 2-434 (2012) Rule 2-434. Expenses for failure to pursue deposition (a) Failure of party giving notice to attend. If the party giving notice of the taking of a deposition on oral examination fails to attend and proceed and another party attends pursuant to the notice, the court may order the party giving the notice to pay to the other party the reasonable expenses incurred in attending, including reasonable attorney's fees. (b) Failure to subpoena witness. If the party giving notice of the taking of a deposition of a witness fails to serve a subpoena upon the witness who for that reason does not attend and another party

attends pursuant to the notice, the court may order the party giving the notice to pay to the other party the reasonable expenses incurred in attending, including reasonable attorney's fees. MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 500. TRIAL Md. Rule 2-501 (2012) Rule 2-501. Motion for summary judgment (a) Motion. Any party may make a motion for summary judgment on all or part of an action on the ground that there is no genuine dispute as to any material fact and that the party is entitled to judgment as a matter of law. The motion shall be supported by affidavit if it is (1) filed before the day on which the adverse party's initial pleading or motion is filed or (2) based on facts not contained in the record. Committee note. -- For an example of a summary judgment granted at trial, see Beyer v. Morgan State, 369 Md. 335 (2002). (b) Response. A response to a written motion for summary judgment shall be in writing and shall (1) identify with particularity each material fact as to which it is contended that there is a genuine dispute and (2) as to each such fact, identify and attach the relevant portion of the specific document, discovery response, transcript of testimony (by page and line), or other statement under oath that demonstrates the dispute. A response asserting the existence of a material fact or controverting any fact contained in the record shall be supported by an affidavit or other written statement under oath. (c) Form of affidavit. An affidavit supporting or opposing a motion for summary judgment shall be made upon personal knowledge, shall set forth such facts as would be admissible in evidence, and shall show affirmatively that the affiant is competent to testify to the matters stated in the affidavit. (d) Affidavit of defense not available. If the court is satisfied from the affidavit of a party opposing a motion for summary judgment that the facts essential to justify the opposition cannot be set forth for reasons stated in the affidavit, the court may deny the motion or may order a continuance to permit affidavits to be obtained or discovery to be conducted or may enter any other order that justice requires. (e) Contradictory Affidavit or Statement. (1) A party may file a motion to strike an affidavit or other statement under oath to the extent that it contradicts any prior sworn statement of the person making the affidavit or statement. Prior sworn statements include (A) testimony at a prior hearing, (B) an answer to an interrogatory, and (C) deposition testimony that has not been corrected by changes made within the time allowed by Rule 2-415.

(2) If the court finds that the affidavit or other statement under oath materially contradicts the prior sworn statement, the court shall strike the contradictory part unless the court determines that (A) the person reasonably believed the prior statement to be true based on facts known to the person at the time the prior statement was made, and (B) the statement in the affidavit or other statement under oath is based on facts that were not known to the person and could not reasonably have been known to the person at the time the prior statement was made or, if the prior statement was made in a deposition, within the time allowed by Rule 2-415 (d) for correcting the deposition. (f) Entry of judgment. The court shall enter judgment in favor of or against the moving party if the motion and response show that there is no genuine dispute as to any material fact and that the party in whose favor judgment is entered is entitled to judgment as a matter of law. By order pursuant to Rule 2-602 (b), the court may direct entry of judgment (1) for or against one or more but less than all of the parties to the action, (2) upon one or more but less than all of the claims presented by a party to the action, or (3) for some but less than all of the amount requested when the claim for relief is for money only and the court reserves disposition of the balance of the amount requested. If the judgment is entered against a party in default for failure to appear in the action, the clerk promptly shall send a copy of the judgment to that party at the party's last known address appearing in the court file. Cross references. -- Section 521 of the Servicemembers Civil Relief Act, 50 U.S.C. app. 501 et seq., imposes specific requirements that must be fulfilled before a default judgment may be entered. (g) Order specifying issues or facts not in dispute. When a ruling on a motion for summary judgment does not dispose of the entire action and a trial is necessary, the court may enter an order specifying the issues or facts that are not in genuine dispute. The order controls the subsequent course of the action but may be modified by the court to prevent manifest injustice. HISTORY: (Amended Apr. 8, 1985; Apr. 7, 1986, effective July 1, 1986; Mar. 22, 1991, effective July 1, 1991; Dec. 8, 2003, effective July 1, 2004; June 16, 2009, effective June 17, 2009.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 500. TRIAL Md. Rule 2-502 (2012) Rule 2-502. Separation of questions for decision by court If at any stage of an action a question arises that is within the sole province of the court to decide, whether or not the action is triable by a jury, and if it would be convenient to have the question decided before proceeding further, the court, on motion or on its own initiative, may order that the question be presented for decision in the manner the court deems expedient. In resolving the question, the court may accept facts stipulated by the parties, may find facts after receiving evidence, and may draw inferences from these facts. The proceedings and decisions of the court shall be on the record, and the decisions shall be reviewable upon appeal after entry of an appealable order or judgment.

MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 500. TRIAL Md. Rule 2-503 (2012) Rule 2-503. Consolidation; separate trials (a) Consolidation. (1) When permitted. When actions involve a common question of law or fact or a common subject matter, the court, on motion or on its own initiative, may order a joint hearing or trial or consolidation of any or all of the claims, issues, or actions. An action instituted in the District Court may be consolidated with an action pending in a circuit court under the circumstances described in Code, Courts Article, 6-104 (b). The court may enter any order regulating the proceeding, including the filing and serving of papers, that will tend to avoid unnecessary costs or delay. (2) Verdict or judgment. In the trial of a consolidated action, the court may direct that joint or separate verdicts or judgments be entered. (b) Separate trials. In furtherance of convenience or to avoid prejudice, the court, on motion or on its own initiative, may order a separate trial of any claim, counterclaim, cross-claim, or third-party claim, or of any separate issue, or of any number of claims, counterclaims, cross-claims, thirdparty claims, or issues. MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 500. TRIAL Md. Rule 2-504 (2012) Rule 2-504. Scheduling order (a) Order required. (1) Unless otherwise ordered by the County Administrative Judge for one or more specified categories of actions, the court shall enter a scheduling order in every civil action, whether or not the court orders a scheduling conference pursuant to Rule 2-504.1. (2) The County Administrative Judge shall prescribe the general format of scheduling orders to be entered pursuant to this Rule. A copy of the prescribed format shall be furnished to the Chief Judge of the Court of Appeals. (3) Unless the court orders a scheduling conference pursuant to Rule 2-504.1, the scheduling order shall be entered as soon as practicable, but no later than 30 days after an answer is filed by any defendant. If the court orders a scheduling conference, the scheduling order shall be entered

promptly after conclusion of the conference. (b) Contents of scheduling order. (1) Required. A scheduling order shall contain: (A) an assignment of the action to an appropriate scheduling category of a differentiated case management system established pursuant to Rule 16-202; (B) one or more dates by which each party shall identify each person whom the party expects to call as an expert witness at trial, including all information specified in Rule 2-402 (g) (1); (C) one or more dates by which each party shall file the notice required by Rule 2-504.3 (b) concerning computer-generated evidence; (D) a date by which all discovery must be completed; (E) a date by which all dispositive motions must be filed, which shall be no earlier than 15 days after the date by which all discovery must be completed; (F) a date by which any additional parties must be joined; (G) a date by which amendments to the pleadings are allowed as of right; and (H) any other matter resolved at a scheduling conference held pursuant to Rule 2-504.1. (2) Permitted. A scheduling order may also contain: (A) any limitations on discovery otherwise permitted under these rules, including reasonable limitations on the number of interrogatories, depositions, and other forms of discovery; (B) the resolution of any disputes existing between the parties relating to discovery; (C) a specific referral to or direction to pursue an available and appropriate form of alternative dispute resolution, including a requirement that individuals with authority to settle be present or readily available for consultation during the alternative dispute resolution proceeding, provided that the referral or direction conforms to the limitations of Rule 2-504.1 (e); (D) an order designating or providing for the designation of a neutral expert to be called as the court's witness; (E) in an action involving child custody or child access, an order appointing child's counsel in accordance with Rule 9-205.1; (F) a further scheduling conference or pretrial conference date;

(G) provisions for discovery of electronically stored information; (H) a process by which the parties may assert claims of privilege or of protection after production; and (I) any other matter pertinent to the management of the action. (c) Modification of order. The scheduling order controls the subsequent course of the action but shall be modified by the court to prevent injustice. HISTORY: (Added June 7, 1994, effective Oct. 1, 1994; amended June 10, 1997, effective July 1, 1997; Feb. 10, 1998, effective July 1, 1998; Oct. 5, 1998, effective Jan. 1, 1999; Nov. 12, 2003, effective Jan. 1, 2004; May 8, 2007, effective July 1, 2007; Dec. 4, 2007, effective Jan. 1, 2008.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 500. TRIAL Md. Rule 2-504.1 (2012) Rule 2-504.1. Scheduling conference (a) When required. In any of the following circumstances, the court shall issue an order requiring the parties to attend a scheduling conference: (1) in an action placed or likely to be placed in a scheduling category for which the case management plan adopted pursuant to Rule 16-202 b requires a scheduling conference; (2) in an action in which an objection to computer-generated evidence is filed under Rule 2-504.3 (d); or (3) in an action, in which a party requests a scheduling conference and represents that, despite a good faith effort, the parties have been unable to reach an agreement (i) on a plan for the scheduling and completion of discovery, (ii) on the proposal of any party to pursue an available and appropriate form of alternative dispute resolution, or (iii) on any other matter eligible for inclusion in a scheduling order under Rule 2-504. (b) When permitted. The court may issue an order in any action requiring the parties to attend a scheduling conference. (c) Order for scheduling conference. An order setting a scheduling conference may require that the parties, at least ten days before the conference: (1) complete sufficient initial discovery to enable them to participate in the conference meaningfully and in good faith and to make decisions regarding (A) settlement, (B) consideration of available and appropriate forms of alternative dispute resolution, (C) limitation of issues, (D) stipulations, (E) any issues relating to preserving discoverable information, (F) any issues relating

to discovery of electronically stored information, including the form in which it is to be produced, (G) any issues relating to claims of privilege or of protection, and (H) other matters that may be considered at the conference; and (2) confer in person or by telephone and attempt to reach agreement or narrow the areas of disagreement regarding the matters that may be considered at the conference and determine whether the action or any issues in the action are suitable for referral to an alternative dispute resolution process in accordance with Title 17, Chapter 100 of these rules. Committee note. -- Examples of matters that may be considered at a scheduling conference when discovery of electronically stored information is expected, include: (1) its identification and retention; (2) the form of production, such as PDF, TIFF, or JPEG files, or native form, for example, Microsoft Word, Excel, etc.; (3) the manner of production, such as CD-ROM; (4) any production of indices; (5) any electronic numbering of documents and information; (6) apportionment of costs for production of electronically stored information not reasonably accessible because of undue burden or cost; (7) a process by which the parties may assert claims of privilege or of protection after production; and (8) whether the parties agree to refer discovery disputes to a master or Special Master. The parties may also need to address any request for metadata, for example, information embedded in an electronic data file that describes how, when, and by whom it was created, received, accessed, or modified or how it is formatted. For a discussion of metadata and factors to consider in determining the extent to which metadata should be preserved and produced in a particular case, see, The Sedona Conference, The Sedona Principles: Best Practices Recommendations and Principles for Addressing Electronic Document Production, (2d ed. 2007), Principle 12 and related Comment. (d) Time and method of holding conference. Except (1) upon agreement of the parties, (2) upon a finding of good cause by the court, or (3) in an action assigned to a family division under Rule 16204 (a) (2), a scheduling conference shall not be held earlier than 30 days after the date of the order. If the court requires the completion of any discovery pursuant to section (c) of this Rule, it shall afford the parties a reasonable opportunity to complete the discovery. The court may hold a scheduling conference in chambers, in open court, or by telephone or other electronic means.

(e) Scheduling order. Case management decisions made by the court at or as a result of a scheduling conference shall be included in a scheduling order entered pursuant to Rule 2-504. A court may not order a party or counsel for a party to participate in an alternative dispute resolution process under Rule 2-504 except in accordance with Rule 9-205 or Rule 17-103. HISTORY: (Added June 7, 1994, effective Oct. 1, 1994; amended June 10, 1997, effective July 1, 1997; Feb. 10, 1998, effective July 1, 1998; Oct. 5, 1998, effective Jan. 1, 1999; Mar. 5, 2001, effective July 1, 2001; Dec. 4, 2007, effective Jan. 1, 2008.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 500. TRIAL Md. Rule 2-504.2 (2012) Rule 2-504.2. Pretrial conference (a) Generally. The court, on motion or on its own initiative, may direct all parties to appear before it for a conference before trial. If the court directs, each party shall file not later than five days before the conference a written statement addressing the matters listed in section (b) of this Rule. (b) Matters to be considered. The following matters may be considered at a pretrial conference: (1) A brief statement by each plaintiff of the facts to be relied on in support of a claim; (2) A brief statement by each defendant of the facts to be relied on as a defense to a claim; (3) Similar statements as to any counterclaims, cross-claim, or third-party claim; (4) Any amendments required of the pleadings; (5) Simplification or limitation of issues; (6) Stipulations of fact or, if unable to agree, a statement of matters of which any party requests an admission; (7) The details of the damage claimed or any other relief sought as of the date of the pretrial conference; (8) A listing of the documents and records to be offered in evidence by each party at the trial, other than those expected to be used solely for impeachment, indicating which documents the parties agree may be offered in evidence without the usual authentication and separately identifying those that the party may offer only if the need arises; (9) A listing by each party of the name, address, and telephone number of each non-expert whom the party expects to call as a witness at trial (other than those expected to be used solely for

impeachment) separately identifying those whom the party may call only if the need arises; (10) A listing by each party of those witnesses whose testimony is expected to be presented by means of a deposition (other than those expected to be used solely for impeachment) and a transcript of the pertinent portions of any deposition testimony that was not taken stenographically; (11) A listing by each party of the names and specialties of experts the party proposes to call as witnesses; (12) Any other matter that the party wishes to raise at the conference. (c) Pretrial order. The court shall enter an order that recites in detail the decisions made at the conference. The order controls the subsequent course of the action but may be modified by the court to prevent manifest injustice. HISTORY: (Added June 7, 1994, effective Oct. 1, 1994; Nov. 12, 2003, effective Jan. 1, 2004.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 500. TRIAL Md. Rule 2-504.3 (2012) Rule 2-504.3. Computer-generated evidence (a) Definition--computer-generated evidence. "Computer-generated evidence" means (1) a computer-generated aural, visual, or other sensory depiction of an event or thing and (2) a conclusion in aural, visual, or other sensory form formulated by a computer program or model. The term does not encompass photographs merely because they were taken by a camera that contains a computer; documents merely because they were generated on a word or text processor; business, personal, or other records or documents admissible under Rule 5-803 (b) merely because they were generated by computer; or summary evidence admissible under Rule 5-1006, spread sheets, or other documents merely presenting or graphically depicting data taken directly from business, public, or other records admissible under Rules 5-802.1 through 5-804. (b) Notice. (1) Except as provided in subsection (b) (2) of this Rule, any party who intends to use computergenerated evidence at trial for any purpose shall file a written notice within the time provided in the scheduling order or no later than 90 days before trial if there is no scheduling order that: (A) contains a descriptive summary of the computer-generated evidence the party intends to use, including (i) a statement as to whether the computer-generated evidence intended to be used is in the category described in subsection (a) (1) or subsection (a) (2) of this Rule, (ii) a description of the subject matter of the computer-generated evidence, and (iii) a statement of what the computergenerated evidence purports to prove or illustrate; and

(B) is accompanied by a written undertaking that the party will take all steps necessary to (i) make available any equipment or other facility needed to present the evidence in court, (ii) preserve the computer-generated evidence and furnish it to the clerk in a manner suitable for transmittal as a part of the record on appeal, and (iii) comply with any request by an appellate court for presentation of the computer-generated evidence to that court. (2) Any party who intends to use computer-generated evidence at trial for purposes of impeachment or rebuttal shall file, as soon as practicable, the notice required by subsection (b) (1) of this Rule, except that the notice is not required if computer-generated evidence prepared by or on behalf of a party-opponent will be used by a party only for impeachment of other evidence introduced by that party-opponent. In addition, the notice is not required if computer-generated evidence prepared by or on behalf of a party-opponent will be used only as a statement by a partyopponent admissible under Rule 5-803 (a). (c) Required disclosure; additional discovery. Within five days after service of a notice under section (b) of this Rule, the proponent shall make the computer-generated evidence available to any party. Notwithstanding any provision of the scheduling order to the contrary, the filing of a notice of intention to use computer-generated evidence entitles any other party to a reasonable period of time to discover any relevant information needed to oppose the use of the computergenerated evidence before the court holds the hearing provided for in section (e) of this Rule. (d) Objection. Not later than 60 days after service of a notice under section (b) of this Rule, a party may file any then-available objection that the party has to the use at trial of the computer-generated evidence and shall file any objection that is based upon an assertion that the computer-generated evidence does not meet the requirements of Rule 5-901 (b) (9). An objection based on the alleged failure to meet the requirements of Rule 5-901 (b) (9) is waived if not so filed, unless the court for good cause orders otherwise. (e) Hearing and order. If an objection is filed under section (d) of this Rule, the court shall hold a pretrial hearing on the objection. If the hearing is an evidentiary hearing, the court may appoint an expert to assist the court in ruling on the objection and may assess against one or more parties the reasonable fees and expenses of the expert. In ruling on the objection, the court may require modification of the computer-generated evidence and may impose conditions relating to its use at trial. The court's ruling on the objection shall control the subsequent course of the action. If the court rules that the computer-generated evidence may be used at trial, when it is used, (1) any party may, but need not, present any admissible evidence that was presented at the hearing on the objection, and (2) the party objecting to the evidence is not required to re-state an objection made in writing or at the hearing in order to preserve that objection for appeal. If the court excludes or restricts the use of computer-generated evidence, the proponent need not make a subsequent offer of proof in order to preserve that ruling for appeal. (f) Preservation of computer-generated evidence. A party who offers or uses computer-generated evidence at any proceeding shall preserve the computer-generated evidence, furnish it to the clerk in a manner suitable for transmittal as a part of the record on appeal, and present the computergenerated evidence to an appellate court if the court so requests.

HISTORY: (Added Feb. 10, 1998, effective July 1, 1998; amended Sept. 10, 2009, effective Oct. 1, 2009.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 500. TRIAL Md. Rule 2-505 (2012) Rule 2-505. Removal (a) Grounds. (1) Prejudice. In any action that is subject to removal, and on issues from the Orphans' Court, any party may file a motion for removal accompanied by an affidavit alleging that the party cannot receive a fair and impartial trial in the county in which the action is pending. If the court finds that there is reasonable ground to believe that the allegation is correct, it shall order that the action be removed for trial to a court of another county. Any party, including a party who has obtained removal, may obtain further removal pursuant to this Rule. (2) Disqualification of all judges. In any action in which all the judges of the court of any county are disqualified to sit by the provisions of the Maryland Constitution, any party, upon motion, shall have the right of removal of the action to a court of another county or, if the action is not removable, the right to have a judge of a court of another county preside in the action. (b) Designation of court and transmittal of record. The Circuit Administrative Judge of the court ordering removal shall designate the county to which the case is to be removed. When the court orders that the action be removed for trial to a court of another county, the clerk shall transmit the record to that court within five days from entry of the order, unless the court ordering the removal extends the time. The record shall consist of all the original papers filed in the action and a copy of the docket entries. (c) Striking the order of removal. Before the record has actually been transmitted, the court, on motion of the party who obtained the order of removal, may vacate the order. (d) Order by court to which removed. The court to which an action has been removed may issue a warrant of resurvey or other process to the sheriff, surveyor, or other officer of the county from which the action has been removed. (e) Return of papers to original court. Within five days after final disposition of the action, including all appeals, the clerk shall transmit all papers in the action and a copy of the docket entries to the court from which the action was first removed. HISTORY: (Amended June 5, 1996, effective Jan. 1, 1997; Mar. 5, 2001, effective July 1, 2001.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 500. TRIAL

Md. Rule 2-506 (2012) Rule 2-506. Voluntary dismissal (a) By notice of dismissal or stipulation. Except as otherwise provided in these rules or by statute, a party who has filed a complaint, counterclaim, cross-claim, or third-party claim may dismiss all or part of the claim without leave of court by filing (1) a notice of dismissal at any time before the adverse party files an answer or (2) by filing a stipulation of dismissal signed by all parties to the claim being dismissed. (b) By order of court. Except as provided in section (a) of this Rule, a party who has filed a complaint, counterclaim, cross-claim, or third-party claim may dismiss the claim only by order of court and upon such terms and conditions as the court deems proper. If a counterclaim has been filed before the filing of a plaintiff's motion for voluntary dismissal, the action shall not be dismissed over the objection of the party who filed the counterclaim unless the counterclaim can remain pending for independent adjudication by the court. (c) Effect. Unless otherwise specified in the notice of dismissal, stipulation, or order of court, a dismissal is without prejudice, except that a notice of dismissal operates as an adjudication upon the merits when filed by a party who has previously dismissed in any court of any state or in any court of the United States an action based on or including the same claim. (d) Costs. Unless otherwise provided by stipulation or order of court, the dismissing party is responsible for all costs of the action or the part dismissed. HISTORY: (Amended Nov. 12, 2003, effective Jan. 1, 2004; amended Nov. 8, 2005, effective Jan. 1, 2006.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 500. TRIAL Md. Rule 2-507 (2012) Rule 2-507. Dismissal for lack of jurisdiction or prosecution (a) Scope. This Rule applies to all actions except actions involving the military docket and continuing trusts or guardianships. (b) For lack of jurisdiction. An action against any defendant who has not been served or over whom the court has not otherwise acquired jurisdiction is subject to dismissal as to that defendant at the expiration of 120 days from the issuance of original process directed to that defendant. (c) For lack of prosecution. An action is subject to dismissal for lack of prosecution at the expiration of one year from the last docket entry, other than an entry made under this Rule, Rule 2131, or Rule 2-132, except that an action for limited divorce or for permanent alimony is subject to

dismissal under this section only after two years from the last such docket entry. (d) Notification of contemplated dismissal. When an action is subject to dismissal pursuant to this Rule, the clerk, upon written request of a party or upon the clerk's own initiative, shall serve a notice on all parties pursuant to Rule 1-321 that an order of dismissal for lack of jurisdiction or prosecution will be entered after the expiration of 30 days unless a motion is filed under section (e) of this Rule. (e) Deferral of dismissal. On motion filed at any time before 30 days after service of the notice, the court for good cause shown may defer entry of the order of dismissal for the period and on the terms it deems proper. (f) Entry of dismissal. If a motion has not been filed under section (e) of this Rule, the clerk shall enter on the docket "Dismissed for lack of jurisdiction or prosecution without prejudice" 30 days after service of the notice. If a motion is filed and denied, the clerk shall make the entry promptly after the denial. HISTORY: (Amended June 3, 1988, effective July 1, 1988; June 7, 1994, effective Oct. 1, 1994.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 500. TRIAL Md. Rule 2-508 (2012) Rule 2-508. Continuance (a) Generally. On motion of any party or on its own initiative, the court may continue a trial or other proceeding as justice may require. (b) Discovery not completed. When an action has been assigned a trial date, the trial shall not be continued on the ground that discovery has not yet been completed, except for good cause shown. (c) Absent witness. A motion for a continuance on the ground that a necessary witness is absent shall be supported by an affidavit. The affidavit shall state: (1) the intention of the affiant to call the witness at the proceeding, (2) the specific facts to which the witness is expected to testify, (3) the reasons why the matter cannot be determined with justice to the party without the evidence, (4) the facts that show that reasonable diligence has been employed to obtain the attendance of the witness, and (5) the facts that lead the affiant to conclude that the attendance or testimony of the witness can be obtained within a reasonable time. The court may examine the affiant under oath as to any of the matters stated in the affidavit and as to the information or knowledge relied upon by the affiant in determining those facts to which the witness is expected to testify. If satisfied that a sufficient showing has been made, the court shall continue the proceeding unless the opposing party elects to stipulate that the absent witness would, if present, testify to the facts stated in the affidavit, in which event the court may deny the motion. (d) Legislative privilege. Upon request of an attorney of record who is a member or desk officer of

the General Assembly, a proceeding that is scheduled during the period of time commencing five days before the legislative session convenes and ending ten days after its adjournment shall be continued. Upon request of an attorney of record who is a member of the Legislative Policy Committee or one of its committees or subcommittees or a member of a committee or subcommittee of the State legislature functioning during the legislative interim, a proceeding that is scheduled on the day of a meeting of the Committee or subcommittee shall be continued. When a brief or memorandum of law is required to be filed in a proceeding to be continued under the provisions of this section, the proceeding shall be continued for a time sufficient to allow it to be prepared and filed. (e) Costs. When granting a continuance for a reason other than one stated in section (d), the court may assess costs and expenses occasioned by the continuance. HISTORY: (Amended Sept. 10, 2009, effective Oct. 1, 2009.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 500. TRIAL Md. Rule 2-509 (2012) Rule 2-509. Jury trial -- Special costs in First, Second, and Fourth Judicial Circuits (a) Application. This Rule applies only in the First, Second, and Fourth Judicial Circuits. (b) Special costs imposed. When a jury trial is removed from the assignment at the initiative of a party for any reason within the 48 hour period, not including Saturdays, Sundays, and holidays, prior to 10:00 a.m. on the date scheduled, the court in its discretion may assess as costs against a party or parties an amount equal to the total reimbursement paid to qualified jurors who reported and were not otherwise used. The clerk shall remit to the county the costs received pursuant to this section. The County Administrative Judge may waive assessment of these costs for good cause shown. HISTORY: (Amended Nov. 23, 1988, effective Jan. 1, 1989; Dec. 10, 1996, effective Jan. 1, 1997; Dec. 16, 1999, effective Jan. 1, 2000; Dec. 4, 2007, effective Jan. 1, 2008.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 500. TRIAL Md. Rule 2-510 (2012) Rule 2-510. Subpoenas (a) Use. A subpoena is required to compel the person to whom it is directed to attend, give testimony, and produce designated documents, electronically stored information, or tangible things at a court proceeding, including proceedings before a master, auditor, or examiner. A subpoena is also required to compel a nonparty and may be used to compel a party over whom the court has

acquired jurisdiction to attend, give testimony, and produce and permit inspection, copying, testing, or sampling of designated documents, electronically stored information, or tangible things at a deposition. A subpoena shall not be used for any other purpose. If the court, on motion of a party alleging a violation of this section or on its own initiative, after affording the alleged violator a hearing, finds that a party or attorney used or attempted to use a subpoena for a purpose other than a purpose allowed under this section, the court may impose an appropriate sanction upon the party or attorney, including an award of a reasonable attorney's fee and costs, the exclusion of evidence obtained by the subpoena, and reimbursement of any person inconvenienced for time and expenses incurred. (b) Issuance. On the request of a person entitled to the issuance of a subpoena, the clerk shall issue a completed subpoena, or provide a blank form of subpoena which shall be filled in and returned to the clerk to be signed and sealed before service. On the request of an attorney or other officer of the court entitled to the issuance of a subpoena, the clerk shall issue a subpoena signed and sealed but otherwise in blank, which shall be filled in before service. (c) Form. Every subpoena shall contain: (1) the caption of the action, (2) the name and address of the person to whom it is directed, (3) the name of the person at whose request it is issued, (4) the date, time, and place where attendance is required, (5) a description of any documents, electronically stored information, or tangible things to be produced and if testing or sampling is to occur, a description of the proposed testing or sampling procedure, and (6) when required by Rule 2-412 (d), a notice to designate the person to testify. A subpoena may specify the form in which electronically stored information is to be produced. (d) Service. A subpoena shall be served by delivering a copy to the person named or to an agent authorized by appointment or by law to receive service for the person named or as permitted by Rule 2-121 (a)(3). Service of a subpoena upon a party represented by an attorney may be made by service upon the attorney under Rule 1-321 (a). A subpoena may be served by a sheriff of any county or by any person who is not a party and who is not less than 18 years of age. Unless impracticable, a party shall make a good faith effort to cause a trial or hearing subpoena to be served at least five days before the trial or hearing. Cross references. -- See Code, Courts Article, 6-410, concerning service upon certain persons other than the custodian of public records named in the subpoena if the custodian is not known and cannot be ascertained after a reasonable effort. As to additional requirements for certain subpoenas, see Code, Health-General Article, 4-306 (b)(6) and Code, Financial Institutions Article, 1-304. (e) Objection to subpoena for court proceedings. On motion of a person served with a subpoena to attend a court proceeding (including a proceeding before a master, auditor, or examiner) filed promptly and, whenever practicable, at or before the time specified in the subpoena for compliance, the court may enter an order that justice requires to protect the person from annoyance, embarrassment, oppression, or undue burden or cost, including one or more of the following: (1) that the subpoena be quashed or modified;

(2) that the subpoena be complied with only at some designated time or place other than that stated in the subpoena; (3) that documents, electronically stored information, or tangible things designated in the subpoena be produced only upon the advancement by the party serving the subpoena of the reasonable costs of producing them; or (4) that documents, electronically stored information, or tangible things designated in the subpoena be delivered to the court at or before the proceeding or before the time when they are to be offered in evidence, subject to further order of court to permit inspection of them. A motion filed under this section based on a claim that information is privileged or subject to protection as work product materials shall be supported by a description of the nature of each item that is sufficient to enable the demanding party to evaluate the claim. (f) Objection to subpoena for deposition. A person served with a subpoena to attend a deposition may seek a protective order pursuant to Rule 2-403. If the subpoena also commands the production of documents, electronically stored information, or tangible things at the deposition, the person served may seek a protective order pursuant to Rule 2-403 or may file, within ten days after service of the subpoena, an objection to production of any or all of the designated materials. The objection shall be in writing and shall state the reasons for the objection. If an objection is filed, the party serving the subpoena is not entitled to production of the materials except pursuant to an order of the court from which the subpoena was issued. At any time before or within 15 days after completion of the deposition and upon notice to the deponent, the party serving the subpoena may move for an order to compel the production. A claim that information is privileged or subject to protection as work product materials shall be supported by a description of each item that is sufficient to enable the demanding party to evaluate the claim. (g) Duties relating to the production of documents, electronically stored evidence, and tangible things. (1) Generally. A person responding to a subpoena to produce documents, electronically stored information, or tangible things at a court proceeding or deposition shall: (A) produce the documents or information as they are kept in the usual course of business or shall organize and label the documents or information to correspond with the categories in the subpoena; and (B) produce electronically stored information in the form specified in the subpoena or, if a form is not specified, in the form in which the person ordinarily maintains it or in a form that is reasonably usable. (2) Electronically stored information. A person responding to a subpoena to produce electronically stored information at a court proceeding or deposition need not produce the same electronically

stored information in more than one form and may decline to produce the information on the ground that the sources are not reasonably accessible because of undue burden or cost. A person who declines to produce information 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 demanding party to evaluate the burdens and costs of complying with the subpoena and the likelihood of finding responsive information in the identified sources. Any motion relating to electronically stored information withheld on the ground that it is not reasonably accessible shall be decided in the manner set forth in Rule 2-402 (b). (h) Protection of persons subject to subpoenas. A party or an attorney responsible for the issuance and service of a subpoena shall take reasonable steps to avoid imposing undue burden or cost on a person subject to the subpoena. Cross references. -- For the availability of sanctions for violations of this section, see Rules 1-201 (a) and 1-341. (i) Records produced by custodians. (1) Generally. A custodian of records served with a subpoena to produce records at trial may comply by delivering the records to the clerk of the court that issued the subpoena at or before the time specified for production. The custodian may produce exact copies of the records designated unless the subpoena specifies that the original records be produced. The records shall be delivered in a sealed envelope labeled with the caption of the action, the date specified for production, and the name and address of the person at whose request the subpoena was issued. The records shall be accompanied by a certificate of the custodian that they are the complete records requested for the period designated in the subpoena and that the records are maintained in the regular course of business. The certification shall be prima facie evidence of the authenticity of the records. Cross references. -- Code, Health-General Article, 4-306 (b)(6); Code, Financial Institutions Article, 1-304. (2) During trial. Upon commencement of the trial, the clerk shall release the records only to the courtroom clerk assigned to the trial. The courtroom clerk shall return the records to the clerk promptly upon completion of trial or at an earlier time if there is no longer a need for them. Upon final disposition of the action the clerk shall return the original records to the custodian but need not return copies. (3) Presence of custodian. When the actual presence of the custodian of records is required, the subpoena shall state with specificity the reason for the presence of the custodian. Cross references. -- Code, Courts Article, 10-104 includes an alternative method of authenticating medical records in certain cases transferred from the District Court upon a demand for a jury trial. (j) Attachment. A witness served with a subpoena under this Rule is liable to body attachment and

fine for failure to obey the subpoena without sufficient excuse. The writ of attachment may be executed by the sheriff or peace officer of any county and shall be returned to the court issuing it. The witness attached shall be taken immediately before the court if then in session. If the court is not in session, the witness shall be taken before a judicial officer of the District Court for a determination of appropriate conditions of release to ensure the witness' appearance at the next session of the court that issued the attachment. (k) Information produced that is subject to a claim of privilege or work product protection. Within a reasonable time after information is produced in response to a subpoena that is subject to a claim of privilege or of protection as work product material, the person who produced the information shall notify each party who received the information of the claim and the basis for it. Promptly after being notified, each receiving party shall return, sequester, or destroy the specified information and any copies and may not use or disclose the information until the claim is resolved. A receiving party who wishes to determine the validity of a claim of privilege shall promptly file a motion under seal requesting that the court determine the validity of the claim. A receiving party who disclosed the information before being notified shall take reasonable steps to retrieve it. The person who produced the information shall preserve it until the claim is resolved. HISTORY: (Amended Feb. 10, 1998, effective July 1, 1998; Apr. 9, 2002, effective July 1, 2002; Oct. 31, 2002, effective Jan. 1, 2003; Nov. 12, 2003, effective Jan. 1, 2004; Dec. 4, 2007, effective Jan. 1, 2008.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 500. TRIAL Md. Rule 2-511 (2012) Rule 2-511. Trial by jury (a) Right preserved. The right of trial by jury as guaranteed by the Maryland Constitution and the Maryland Declaration of Rights or as provided by law shall be preserved to the parties inviolate. (b) Number of jurors. The jury shall consist of six persons. With the approval of the court, the parties may agree to accept a verdict from fewer than six jurors if during the trial one or more of the six jurors becomes or is found to be unable or disqualified to perform a juror's duty. (c) Separation of jury. The court, either before or after submission of the case to the jury, may permit the jurors to separate or require that they be sequestered. (d) Advisory verdicts disallowed. Issues of fact not triable of right by a jury shall be decided by the court and may not be submitted to a jury for an advisory verdict. HISTORY: (Amended Feb. 8, 1993; Nov. 12, 2003, effective Jan. 1, 2004; Dec. 4, 2007, effective Jan. 1, 2008.)

MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 500. TRIAL Md. Rule 2-512 (2012) Rule 2-512. Jury selection (a) Jury size and challenge to the array. (1) Size. Before a trial begins, the judge shall decide (A) the required number of sworn jurors, including any alternates, and (B) the size of the array of qualified jurors needed. Cross references. -- See Code, Courts Article, 8-421 (b). (2) Insufficient array. If the array is insufficient for jury selection, the trial judge may direct that additional qualified jurors be summoned at random from the qualified juror pool as provided by statute. (3) Challenge to the array. A party may challenge the array on the ground that its members were not selected or summoned according to law, or on any other ground that would disqualify the array as a whole. A challenge to the array shall be made and determined before any individual member of the array is examined, except that the trial judge for good cause may permit the challenge to be made after the jury is sworn but before any evidence is received. (b) General requirements. All individuals to be impanelled on the jury, including any alternates, shall be selected in the same manner, have the same qualifications, and be subject to the same examination. (c) Jury list. (1) Contents. Before the examination of qualified jurors, each party shall be provided with a list that includes each juror's name, address, age, sex, education, occupation, spouse's occupation, and any other information required by the Rule. Unless the trial judge orders otherwise, the address shall be limited to the city or town and zip code and shall not include the street address or box number. (2) Dissemination. (A) Allowed. A party may provide the jury list to any person employed by the party to assist in jury selection. With permission of the trial judge, the list may be disseminated to other individuals such as the courtroom clerk or court reporter for use in carrying out official duties. (B) Prohibited. Unless the trial judge orders otherwise, a party and any other person to whom the jury list is provided in accordance with subsection (c) (2) (A) of this Rule may not disseminate the list or the information contained on the list to any other person.

(3) Not part of the case record; exception. Unless the court orders otherwise, copies of jury lists shall be returned to the jury commissioner. Unless marked for identification and offered in evidence pursuant to Rule 2-516, a jury list is not part of the case record. Cross references. -- See Rule 16-1009 concerning motions to seal or limit inspection of a case record. (d) Examination and challenges for cause. (1) Examination. The trial judge may permit the parties to conduct an examination of qualified jurors or may conduct the examination after considering questions proposed by the parties. If the judge conducts the examination, the judge may permit the parties to supplement the examination by further inquiry or may submit to the jurors additional questions proposed by the parties. The jurors' responses to any examination shall be under oath. On request of any party, the judge shall direct the clerk to call the roll of the array and to request each qualified juror to stand and be identified when called. (2) Challenge for cause. A party may challenge an individual qualified juror for cause. A challenge for cause shall be made and determined before the jury is sworn, or thereafter for good cause shown. (e) Peremptory challenges. (1) Designation of qualified jurors; order of selection. Before the exercise of peremptory challenges, the trial judge shall designate those individuals on the jury list who remain qualified after examination. The number designated shall be sufficient to provide the required number of sworn jurors, including any alternates, after allowing for the exercise of peremptory challenges. The trial judge shall at the same time prescribe the order to be followed in selecting individuals from the list. (2) Number; exercise of peremptory challenges. Each party is permitted four peremptory challenges plus one peremptory challenge for each group of three or less alternates to be impanelled. For purposes of this section, all plaintiffs shall be considered as a single party and all defendants shall be considered as a single party unless the trial judge determines that adverse or hostile interests between plaintiffs or between defendants justify allowing one or more of them the separate peremptory challenges available to a single party. The parties shall simultaneously exercise their peremptory challenges by striking names from a copy of the jury list. (f) Impanelled jury. (1) Impanelling. The individuals to be impanelled as sworn jurors, including any alternates, shall be called from the qualified jurors remaining on the jury list in the order previously designated by the trial judge and shall be sworn. (2) Oath; functions, powers, facilities, and privileges. All sworn jurors, including any alternates,

shall take the same oath and, until discharged from jury service, have the same functions, powers, facilities, and privileges. (3) Discharge of jury member. At any time before the jury retires to consider its verdict, the trial judge may replace any jury member whom the trial judge finds to be unable or disqualified to perform jury service with an alternate in the order of selection set under subsection (e) (1). When the jury retires to consider its verdict, the trial judge shall discharge any remaining alternates who did not replace another jury member. (g) Foreperson. The trial judge shall designate a sworn juror as foreperson. HISTORY: (Amended May 4, 1988; Dec. 4, 2007, effective Jan. 1, 2008.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 500. TRIAL Md. Rule 2-513 (2012) Rule 2-513. Testimony taken by telephone. (a) Definition. In this Rule, "telephone" means a landline telephone and does not include a cellular phone. (b) When testimony taken by telephone allowed; applicability. A court may allow the testimony of a witness to be taken by telephone (1) upon stipulation by the parties or (2) subject to sections (e) and (f) of this Rule, on motion of a party to the action and for good cause shown. This Rule applies only to testimony by telephone and does not preclude testimony by other remote means allowed by law or, with the approval of the court, agreed to by the parties. Cross references. -- For an example of testimony by other means allowed by law, see Code, Family Law Article, 9.5-110. (c) Time for filing motion. Unless for good cause shown the court allows the motion to be filed later, a motion to take the testimony of a witness by telephone shall be filed at least 30 days before the trial or hearing at which the testimony is to be offered. (d) Contents of motion. The motion shall state the witness's name and, unless excused by the court: (1) the address and telephone number of the witness; (2) the subject matter of the witness's expected testimony; (3) the reasons why testimony taken by telephone should be allowed, including any circumstances listed in section (e) of this Rule;

(4) the location from which the witness will testify; (5) whether there will be any other individual present in the room with the witness while the witness is testifying and, if so, the reason for the individual's presence and the individual's name, if known; and (6) whether transmission of the witness's testimony will be from a wired handset, a wireless handset connected to the landline, or a speaker phone. (e) Good cause. A court may find that there is good cause to allow the testimony of a witness to be taken by telephone if: (1) the witness is otherwise unavailable to appear because of age, infirmity, or illness; (2) personal appearance of the witness cannot be secured by subpoena or other reasonable means; (3) a personal appearance would be an undue hardship to the witness; or (4) there are any other circumstances that constitute good cause for allowing the testimony of the witness to be taken by telephone. Committee note. -- This section applies to the witness's unavailability to appear personally in court, not to the witness's unavailability to testify. (f) When testimony taken by telephone is prohibited. If a party objects, a court shall not allow the testimony of a witness to be taken by telephone unless the court finds that: (1) the witness is not a party and will not be testifying as an expert; (2) the testimony is not to be offered in a jury trial; (3) the demeanor and credibility of the witness are not likely to be critical to the outcome of the proceeding; (4) the issue or issues about which the witness is to testify are not likely to be so determinative of the outcome of the proceeding that the opportunity for face-to-face cross-examination is needed; (5) a deposition taken under these Rules is not a fairer way to present the testimony; (6) the exhibits or documents about which the witness is to testify are not so voluminous that testimony by telephone is impractical; (7) adequate facilities for taking the testimony by telephone are available; (8) failure of the witness to appear in person is not likely to cause substantial prejudice to a party; and

(9) no other circumstance requires the personal appearance of the witness. (g) Use of deposition. A deposition of a witness whose testimony is received by telephone may be used by any party for any purpose for which the deposition could have been used had the witness appeared in person. (h) Costs. Unless the court orders otherwise for good cause, all costs of testimony taken by telephone shall be paid by the movant and may not be charged to any other party. HISTORY: (Added March 9, 2010, effective July 1, 2010.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 500. TRIAL Md. Rule 2-514 (2012) Rule 2-514. When court may require production of evidence When it appears to the court at a hearing or trial that the attendance or testimony of any person or the production of any document or tangible thing not produced by any party is necessary for the purpose of justice, the court (a) may order any party to produce the document or tangible thing for inspection by the court or jury, or (b) may issue a subpoena for the production of the person, document, or tangible thing; and in either event the court may continue the hearing or trial to allow compliance with the order or subpoena, upon such conditions as to time, notice, cost, and security as the court deems proper. MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 500. TRIAL Md. Rule 2-515 (2012) Rule 2-515. View (a) When permitted. The court, on motion of any party or on its own initiative, may order that the trier of fact view any property that is involved in the litigation or any place where a material fact in issue occurred. The judge shall be present at and shall supervise the view and shall be the only person permitted to make any statement to the jury during the view. (b) Attendance at view. The parties, their attorneys, and other representatives may be present during a view. A jury shall be transported to and attend a view as a body under the charge of an officer of the court, and the expense of transporting the jury shall be assessed as costs. HISTORY: (Amended June 5, 1996, effective Jan. 1, 1997.)

MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 500. TRIAL Md. Rule 2-516 (2012) Rule 2-516. Exhibits and recordings (a) Generally. All exhibits marked for identification, whether or not offered in evidence and, if offered, whether or not admitted, shall form part of the record and, unless the court orders otherwise, shall remain in the custody of the clerk. With leave of court, a party may substitute a photograph or copy for any exhibit. Cross references. -- Rule 16-306. (b) Audio, audiovisual, or visual recordings. (1) Recording. A party who offers or uses an audio, audiovisual, or visual recording at a hearing or trial shall: (A) ensure that the recording is marked for identification and made part of the record and that an additional copy is provided to the court, so that it is available for future transcription; (B) if only a portion of the recording is offered or used, ensure that a description that identifies the portion offered or used is made part of the record; and (C) if the recording is not on a medium in common use by the general public, preserve it, furnish it to the clerk in a manner suitable for transmittal as part of the record on appeal, and upon request present it to an appellate court in a format designated by the court. (2) Transcript of recording. A party who offers or uses a transcript of the recording at a hearing or trial shall ensure that the transcript is made part of the record and provide an additional copy to the court. HISTORY: (Amended June 3, 1988, effective July 1, 1988; June 5, 1996, effective Jan. 1, 1997; amended Sept. 10, 2009, effective Oct. 1, 2009; amended March 9, 2010, effective July 1, 2010.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 500. TRIAL Md. Rule 2-517 (2012) Rule 2-517. Method of making objections (a) Objections to evidence. An objection to the admission of evidence shall be made at the time the evidence is offered or as soon thereafter as the grounds for objection become apparent.

Otherwise, the objection is waived. The grounds for the objection need not be stated unless the court, at the request of a party or on its own initiative, so directs. The court shall rule upon the objection promptly. When the relevancy of evidence depends upon the fulfillment of a condition of fact, the court may admit the evidence subject to the introduction of additional evidence sufficient to support a finding of the fulfillment of the condition. The objection is waived unless, at some time before final argument in a jury trial or before the entry of judgment in a court trial, the objecting party moves to strike the evidence on the ground that the condition was not fulfilled. Committee note. -- With respect to objections to the admissibility of evidence made and denied on pretrial motion, see Jones v. State, 9 Md. App. 455, 265 A.2d 271 (1970). (b) Continuing objections to evidence. At the request of a party or on its own initiative, the court may grant a continuing objection to a line of questions by an opposing party. For purposes of review by the trial court or on appeal, the continuing objection is effective only as to questions clearly within its scope. (c) Objections to other rulings or orders. For purposes of review by the trial court or on appeal of any other ruling or order, it is sufficient that a party, at the time the ruling or order is made or sought, makes known to the court the action that the party desires the court to take or the objection to the action of the court. The grounds for the objection need not be stated unless these rules expressly provide otherwise or the court so directs. If a party has no opportunity to object to a ruling or order at the time it is made, the absence of an objection at that time does not constitute a waiver of the objection. (d) Formal exceptions unnecessary. A formal exception to a ruling or order of the court is not necessary. MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 500. TRIAL Md. Rule 2-517 (2012) Rule 2-517. Method of making objections (a) Objections to evidence. An objection to the admission of evidence shall be made at the time the evidence is offered or as soon thereafter as the grounds for objection become apparent. Otherwise, the objection is waived. The grounds for the objection need not be stated unless the court, at the request of a party or on its own initiative, so directs. The court shall rule upon the objection promptly. When the relevancy of evidence depends upon the fulfillment of a condition of fact, the court may admit the evidence subject to the introduction of additional evidence sufficient to support a finding of the fulfillment of the condition. The objection is waived unless, at some time before final argument in a jury trial or before the entry of judgment in a court trial, the objecting party moves to strike the evidence on the ground that the condition was not fulfilled. Committee note. -- With respect to objections to the admissibility of evidence made and denied on pretrial motion, see Jones v. State, 9 Md. App. 455, 265 A.2d 271 (1970).

(b) Continuing objections to evidence. At the request of a party or on its own initiative, the court may grant a continuing objection to a line of questions by an opposing party. For purposes of review by the trial court or on appeal, the continuing objection is effective only as to questions clearly within its scope. (c) Objections to other rulings or orders. For purposes of review by the trial court or on appeal of any other ruling or order, it is sufficient that a party, at the time the ruling or order is made or sought, makes known to the court the action that the party desires the court to take or the objection to the action of the court. The grounds for the objection need not be stated unless these rules expressly provide otherwise or the court so directs. If a party has no opportunity to object to a ruling or order at the time it is made, the absence of an objection at that time does not constitute a waiver of the objection. (d) Formal exceptions unnecessary. A formal exception to a ruling or order of the court is not necessary. MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 500. TRIAL Md. Rule 2-519 (2012) Rule 2-519. Motion for judgment (a) Generally. A party may move for judgment on any or all of the issues in any action at the close of the evidence offered by an opposing party, and in a jury trial at the close of all the evidence. The moving party shall state with particularity all reasons why the motion should be granted. No objection to the motion for judgment shall be necessary. A party does not waive the right to make the motion by introducing evidence during the presentation of an opposing party's case. (b) Disposition. When a defendant moves for judgment at the close of the evidence offered by the plaintiff in an action tried by the court, the court may proceed, as the trier of fact, to determine the facts and to render judgment against the plaintiff or may decline to render judgment until the close of all the evidence. When a motion for judgment is made under any other circumstances, the court shall consider all evidence and inferences in the light most favorable to the party against whom the motion is made. (c) Effect of denial. A party who moves for judgment at the close of the evidence offered by an opposing party may offer evidence in the event the motion is not granted, without having reserved the right to do so and to the same extent as if the motion had not been made. In so doing, the party withdraws the motion. (d) Reservation of decision in jury cases. In a jury trial, if a motion for judgment is made at the close of all the evidence, the court may submit the case to the jury and reserve its decision on the motion until after the verdict or discharge of the jury. For the purpose of appeal, the reservation

constitutes a denial of the motion unless a judgment notwithstanding the verdict has been entered. HISTORY: (Amended Nov. 12, 2003, effective Jan. 1, 2004.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 500. TRIAL Md. Rule 2-520 (2012) Rule 2-520. Instructions to the jury (a) When given. The court shall give instructions to the jury at the conclusion of all the evidence and before closing arguments and may supplement them at a later time when appropriate. In its discretion, the court may also give opening and interim instructions. (b) Written requests. The parties may file written requests for instructions at or before the close of the evidence and shall do so at any time fixed by the court. (c) How given. The court may instruct the jury, orally or in writing or both, by granting requested instructions, by giving instructions of its own, or by combining any of these methods. The court need not grant a requested instruction if the matter is fairly covered by instructions actually given. (d) Reference to evidence. In instructing the jury, the court may refer to or summarize the evidence in order to present clearly the issues to be decided. In that event, the court shall instruct the jury that it is the sole judge of the facts, the weight of the evidence, and the credibility of the witnesses. (e) Objections. No party may assign as error the giving or the failure to give an instruction unless the party objects on the record promptly after the court instructs the jury, stating distinctly the matter to which the party objects and the grounds of the objection. Upon request of any party, the court shall receive objections out of the hearing of the jury. HISTORY: (Amended Nov. 12, 2003, effective Jan. 1, 2004.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 500. TRIAL Md. Rule 2-521 (2012) Rule 2-521. Jury -- Review of evidence -- Communications (a) Jurors' notes. The court may, and on request of any party shall, provide paper notepads for use by sworn jurors, including any alternates, during trial and deliberations. The court shall maintain control over the jurors' notes during the trial and promptly destroy the notes after the trial. Notes may not be reviewed or relied upon for any purpose by any person other than the author. If a sworn juror is unable to use a notepad because of a disability, the court shall provide a reasonable accommodation.

(b) Items taken to jury room. Sworn jurors may take their notes with them when they retire for deliberation. Unless the court for good cause orders otherwise, the jury may also take exhibits that have been admitted in evidence, except that a deposition may not be taken into the jury room without the agreement of all parties and consent of the court. Written or electronically recorded instructions may be taken into the jury room only with the permission of the court. Cross references. -- See Rule 5-802.1 (e). (c) Jury request to review evidence. The court, after notice to the parties, may make available to the jury testimony or other evidence requested by it. In order that undue prominence not be given to the evidence requested, the court may also make available additional evidence relating to the same factual issue. (d) Communications with jury. The court shall notify the parties of the receipt of any communication from the jury pertaining to the action as promptly as practicable and in any event before responding to the communication. All such communications between the court and the jury shall be on the record in open court or shall be in writing and filed in the action. The clerk or the court shall note on a written communication the date and time it was received from the jury. HISTORY: (Amended Dec. 15, 1993, effective July 1, 1994; Nov. 12, 2003, effective Jan. 1, 2004; April 5, 2005, effective July 1, 2005; Dec. 4, 2007, effective Jan. 1, 2008.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 500. TRIAL Md. Rule 2-522 (2012) Rule 2-522. Court decision -- Jury verdict (a) Court decision. In a contested court trial, the judge, before or at the time judgment is entered, shall prepare and file or dictate into the record a brief statement of the reasons for the decision and the basis of determining any damages. (b) Verdict. The verdict of a jury shall be unanimous unless the parties stipulate at any time that a verdict or a finding of a stated majority shall be taken as the verdict or finding of the jury. The verdict shall be returned in open court. On request of a party or on the court's own initiative, the jury shall be polled before it is discharged. If the poll discloses that the jury, or stated majority, has not concurred in the verdict, the court may direct the jury to retire for further deliberation or may discharge the jury. (c) Verdict containing written findings. The court may require a jury to return a verdict in the form of written findings upon specific issues. For that purpose, the court may use any method of submitting the issues and requiring written findings as it deems appropriate, including the submission of written questions susceptible of brief answers or of written forms of the several special findings that might properly be made under the pleadings and evidence. The court shall

instruct the jury as may be necessary to enable it to make its findings upon each issue. If the court fails to submit any issue raised by the pleadings or by the evidence, all parties waive their right to a trial by jury of the issues omitted unless before the jury retires a party demands its submission to the jury. As to an issue omitted without such demand, the court may make a finding or, if it fails to do so, the finding shall be deemed to have been made in accordance with the judgment entered. No party may assign as error the submission of issues to the jury, the instructions of the court, or the refusal of the court to submit a requested issue unless the party objects on the record before the jury retires to consider its verdict, stating distinctly the matter to which the party objects and the grounds of the objection. Upon request of any party, the court shall receive objections out of the hearing of the jury. HISTORY: (Added Nov. 1, 2001, effective Jan. 1, 2002; Nov. 12, 2003, effective Jan. 1, 2004; Dec. 4, 2007, effective Jan. 1, 2008.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 500. TRIAL Md. Rule 2-532 (2012) Rule 2-532. Motion for judgment notwithstanding the verdict (a) When permitted. In a jury trial, a party may move for judgment notwithstanding the verdict only if that party made a motion for judgment at the close of all the evidence and only on the grounds advanced in support of the earlier motion. (b) Time for filing. The motion shall be filed within ten days after entry of judgment on the verdict or, if no verdict is returned, within ten days after the discharge of the jury. If the court reserves ruling on a motion for judgment made at the close of all the evidence, that motion becomes a motion for judgment notwithstanding the verdict if the verdict is against the moving party or if no verdict is returned. A motion for judgment notwithstanding the verdict filed after the announcement or signing by the trial court of a judgment or the return of a verdict but before entry of the judgment on the docket shall be treated as filed on the same day as, but after, the entry on the docket. Cross references. -- See Rule 8-205 requiring notice to the Clerk of the Court of Special Appeals of information not disclosed in an information report regarding the filing of a motion under this Rule, or its withdrawal or disposition. (c) Joinder with motion for new trial. A motion for judgment notwithstanding the verdict may be joined with a motion for a new trial. (d) Effect of failure to make motion. Failure to move for a judgment notwithstanding the verdict under this Rule does not affect a party's right upon appeal to assign as error the denial of that party's motion for judgment.

(e) Disposition. If a verdict has been returned, the court may deny the motion, or it may grant the motion, set aside any judgment entered on the verdict, and direct the entry of a new judgment. If a verdict has not been returned, the court may grant the motion and direct the entry of judgment or order a new trial. If a party's motion for judgment notwithstanding the verdict is granted, the court at the same time shall decide whether to grant that party's motion for new trial, if any, should the judgment thereafter be reversed on appeal. (f) Effect of reversal on appeal. (1) When judgment notwithstanding the verdict granted. If a motion for judgment notwithstanding the verdict is granted and the appellate court reverses, it may (A) enter judgment on the original verdict, (B) remand the case for a new trial in accordance with a conditional order of the trial court, or (C) itself order a new trial. If the trial court has conditionally denied a motion for new trial, the appellee may assert error in that denial and, if the judgment notwithstanding the verdict is reversed, subsequent proceedings shall be in accordance with the order of the appellate court. (2) When judgment notwithstanding the verdict denied. If a motion for judgment notwithstanding the verdict has been denied and the appellate court reverses, it may (A) enter judgment as if the motion had been granted or (B) itself order a new trial. If the motion for judgment notwithstanding the verdict has been denied, the prevailing party may, as appellee, assert grounds entitling that party to a new trial in the event the appellate court concludes that the trial court erred in denying the motion. If the appellate court reverses the judgment, nothing in this Rule precludes it from determining that the appellee is entitled to a new trial or from directing the trial court to determine whether a new trial should be granted. HISTORY: (Amended Oct. 31, 2002, effective Jan. 1, 2003; Nov. 12, 2003, effective Jan. 1, 2004; May 8, 2007, effective July 1, 2007.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 500. TRIAL Md. Rule 2-533 (2012) Rule 2-533. Motion for new trial (a) Time for filing. Any party may file a motion for new trial within ten days after entry of judgment. A party whose verdict has been set aside on a motion for judgment notwithstanding the verdict or 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 judgment notwithstanding the verdict or the amended judgment. A motion for new trial filed after the announcement or signing by the trial court of a judgment or the return of a verdict but before entry of the judgment on the docket shall be treated as filed on the same day as, but after, the entry on the docket. Cross references. -- See Rule 8-205 requiring notice to the Clerk of the Court of Special Appeals of information not disclosed in an information report regarding the filing of a motion under this Rule, or its withdrawal or disposition.

(b) Grounds. All grounds advanced in support of the motion shall be filed in writing within the time prescribed for the filing of the motion, and no other grounds shall thereafter be assigned without leave of court. (c) Disposition. The court may set aside all or part of any judgment entered and grant a new trial to all or any of the parties and on all of the issues, or some of the issues if the issues are fairly severable. If a partial new trial is granted, the judge may direct the entry of judgment as to the remaining parties or issues or stay the entry of judgment until after the new trial. When a motion for new trial is joined with a motion for judgment notwithstanding the verdict and the motion for judgment notwithstanding the verdict is granted, the court at the same time shall decide whether to grant that party's motion for new trial if the judgment is thereafter reversed on appeal. (d) Costs. If a trial or appellate court has ordered the payment of costs as a part of its action in granting a new trial, the trial court may order all further proceedings stayed until the costs have been paid. HISTORY: (Amended Oct. 31, 2002, effective Jan. 1, 2003; Nov. 12, 2003, effective Jan. 1, 2004; May 8, 2007, effective July 1, 2007.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 500. TRIAL Md. Rule 2-534 (2012) Rule 2-534. Motion to alter or amend a judgment -- Court decision In an action decided by the court, 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. A motion to alter or amend a judgment filed after the announcement or signing by the trial court of a judgment but before entry of the judgment on the docket shall be treated as filed on the same day as, but after, the entry on the docket. HISTORY: (Amended Apr. 7, 1986, effective July 1, 1986; Oct. 31, 2002, effective Jan. 1, 2003; Nov. 12, 2003, effective Jan. 1, 2004; May 8, 2007, effective July 1, 2007.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 500. TRIAL Md. Rule 2-535 (2012) Rule 2-535. Revisory power

(a) Generally. On motion of any party filed within 30 days after entry of judgment, the court may exercise revisory power and control over the judgment and, if the action was tried before the court, may take any action that it could have taken under Rule 2-534. A motion filed after the announcement or signing by the trial court of a judgment or the return of a verdict but before entry of the judgment on the docket shall be treated as filed on the same day as, but after, the entry on the docket. (b) Fraud, mistake, irregularity. On motion of any party filed at any time, the court may exercise revisory power and control over the judgment in case of fraud, mistake, or irregularity. Committee note. -- This section is intended to be as comprehensive as Code, Courts Article 6408. (c) Newly-discovered evidence. On motion of any party filed within 30 days after entry of judgment, the court may grant a new trial on the ground of newly-discovered evidence that could not have been discovered by due diligence in time to move for a new trial pursuant to Rule 2-533. (d) Clerical mistakes. Clerical mistakes in judgments, orders, or other parts of the record may be corrected by the court at any time on its own initiative, or on motion of any party after such notice, if any, as the court orders. During the pendency of an appeal, such mistakes may be so corrected before the appeal is docketed by the appellate court, and thereafter with leave of the appellate court. HISTORY: (Amended Nov. 12, 2003, effective Jan. 1, 2004; Nov. 12, 2003, effective Jan. 1, 2004; May 8, 2007, effective July 1, 2007.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 500. TRIAL Md. Rule 2-536 (2012) Rule 2-536. Disability of judge If, by reason of termination of office, absence, death, sickness, or other inability to act, a judge is unable to perform an act or duty in an action, any other judge authorized to act in that court may perform the act or duty if satisfied that he or she can properly do so. Otherwise, the other judge shall grant a new trial or such other relief as justice requires. MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 500. TRIAL Md. Rule 2-541 (2012) Rule 2-541. Masters

(a) Appointment -- Compensation. (1) Standing master. A majority of the judges of the circuit court of a county may appoint a full time or part time standing master and shall prescribe the compensation, fees, and costs of the master. No person may serve as a standing master upon reaching the age of 70 years. (2) Special master. The court may appoint a special master for a particular action and shall prescribe the compensation, fees, and costs of the special master and assess them among the parties. The order of appointment may specify or limit the powers of a special master and may contain special directions. (3) Officer of the court. A master serves at the pleasure of the appointing court and is an officer of the court in which the referred matter is pending. (b) Referral of cases. (1) Referral of domestic relations matters to a master shall be in accordance with Rule 9-208 and shall proceed only in accordance with that Rule. (2) On motion of any party or on its own initiative, the court, by order, may refer to a master any other matter or issue not triable of right before a jury. (c) Powers. Subject to the provisions of any order of reference, a master has the power to regulate all proceedings in the hearing, including the powers to: (1) Direct the issuance of a subpoena to compel the attendance of witnesses and the production of documents or other tangible things; (2) Administer oaths to witnesses; (3) Rule upon the admissibility of evidence; (4) Examine witnesses; (5) Convene, continue, and adjourn the hearing, as required; (6) Recommend contempt proceedings or other sanctions to the court; and (7) Recommend findings of fact and conclusions of law. (d) Hearing. (1) Notice. The master shall fix the time and place for the hearing and shall send written notice to all parties. (2) Attendance of witnesses. A party may procure by subpoena the attendance of witnesses and the

production of documents or other tangible things at the hearing. (3) Record. All proceedings before a master shall be recorded either stenographically or by an electronic recording device, unless the making of a record is waived in writing by all parties. A waiver of the making of a record is also a waiver of the right to file any exceptions that would require review of the record for their determination. (e) Report. (1) When filed. The master shall notify each party of the proposed recommendation, either orally at the conclusion of the hearing or thereafter by written notice served pursuant to Rule 1-321. Within five days from an oral notice or from service of a written notice, a party intending to file exceptions shall file a notice of intent to do so and within that time shall deliver a copy to the master. If the court has directed the master to file a report or if a notice of intent to file exceptions is filed, the master shall file a written report with the recommendation. Otherwise, only the recommendation need be filed. The report shall be filed within 30 days after the notice of intent to file exceptions is filed or within such other time as the court directs. The failure to file and deliver a timely notice is a waiver of the right to file exceptions. (2) Contents. Unless otherwise ordered, the report shall include findings of fact and conclusions of law and a recommendation in the form of a proposed order or judgment, and shall be accompanied by the original exhibits. A transcript of the proceedings before the master need not be prepared prior to the report unless the master directs, but, if prepared, shall be filed with the report. (3) Service. The master shall serve a copy of the recommendation and any written report on each party pursuant to Rule 1-321. (f) Entry of order. (1) The court shall not direct the entry of an order or judgment based upon the master's recommendations until the expiration of the time for filing exceptions, and, if exceptions are timely filed, until the court rules on the exceptions. (2) If exceptions are not timely filed, the court may direct the entry of the order or judgment as recommended by the master. (g) Exceptions. (1) How taken. Within ten days after the filing of the master's written report, a party may file exceptions with the clerk. Within that period or within three days after service of the first exceptions, whichever is later, any other party may file exceptions. Exceptions shall be in writing and shall set forth the asserted error with particularity. Any matter not specifically set forth in the exceptions is waived unless the court finds that justice requires otherwise. (2) Transcript. Unless a transcript has already been filed, a party who has filed exceptions shall cause to be prepared and transmitted to the court a transcript of so much of the testimony as is

necessary to rule on the exceptions. The transcript shall be ordered at the time the exceptions are filed, and the transcript shall be filed within 30 days thereafter or within such longer time, not exceeding 60 days after the exceptions are filed, as the master may allow. The court may further extend the time for the filing of the transcript for good cause shown. The excepting party shall serve a copy of the transcript on the other party. Instead of a transcript, the parties may agree to a statement of facts or the court by order may accept an electronic recording of the proceedings as the transcript. The court may dismiss the exceptions of a party who has not complied with this section. (h) Hearing on exceptions. The court may decide exceptions without a hearing, unless a hearing is requested with the exceptions or by an opposing party within five days after service of the exceptions. The exceptions shall be decided on the evidence presented to the master unless: (1) the excepting party sets forth with particularity the additional evidence to be offered and the reasons why the evidence was not offered before the master, and (2) the court determines that the additional evidence should be considered. If additional evidence is to be considered, the court may remand the matter to the master to hear the additional evidence and to make appropriate findings or conclusions, or the court may hear and consider the additional evidence or conduct a de novo hearing. (i) Costs. Payment of the compensation, fees, and costs of a master may be compelled by order of court. The costs of any transcript may be included in the costs of the action and assessed among the parties as the court may direct. HISTORY: (Amended May 2, 1986, effective July 1, 1986; Nov. 23, 1988, effective Jan. 1, 1989; June 28, 1990, effective July 1, 1990; June 4, 1991, effective July 1, 1991; June 5, 1996, effective Jan. 1, 1997; June 6, 2000, effective October 1, 2000; Mar. 5, 2001, effective July 1, 2001; Nov. 12, 2003, effective Jan. 1, 2004.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 500. TRIAL Md. Rule 2-542 (2012) Rule 2-542. Examiners (a) Appointment -- Compensation. (1) Standing examiner. A majority of the judges of the circuit court of a county may appoint a standing examiner and shall prescribe the compensation, fees, and costs of the examiner. (2) Special examiner. The court may appoint a special examiner for a particular action and shall prescribe the compensation, fees, and costs of the special examiner and assess them among the parties. The order of appointment may specify or limit the powers of a special examiner and may contain special directions. (3) Officer of the court. An examiner serves at the pleasure of the appointing court and is an officer

of the court in which the referred matter is pending. (b) Referral by order. On motion of any party or on its own initiative, the court may refer to an examiner, for the taking of evidence, issues in uncontested proceedings not triable of right before a jury and proceedings held in aid of execution of judgment pursuant to Rule 2-633. The order of reference may prescribe the manner in which the examination is to be conducted and may set time limits for the completion of the taking of evidence and the submission of the record of the examination. (c) Powers. Subject to the provisions of the order of reference, an examiner has the power to regulate all proceedings in the hearing, including the powers to: (1) Direct the issuance of a subpoena to compel the attendance of witnesses and the production of documents or other tangible things; (2) Administer oaths to witnesses; (3) Examine witnesses; (4) Convene, continue, and adjourn the hearing, as required; and (5) Recommend contempt proceedings or other sanctions to the court. (d) Hearing. (1) Notice. The examiner shall fix the time and place for the taking of evidence and shall send written notice to all parties. (2) Attendance of witnesses. A party may procure by subpoena the attendance of witnesses and the production of documents or other tangible things at the hearing. (3) Objections. The examiner may not decide objections or refusals to answer, but the failure to object is a waiver of the right to file exceptions on that ground. When a party or witness refuses to answer on the ground of privilege or otherwise, the examiner, at the request of a party, shall refer the refusal to the court. The court shall promptly hear and decide the question and may award costs as justice requires. (4) Record. All proceedings before an examiner shall be recorded either stenographically or by an electronic recording device, unless otherwise ordered by the court. (5) Examiner to remain in room. In an action for divorce or annulment, the examiner shall remain in the hearing room throughout the taking of testimony, and shall so certify when the record of examination is submitted to the court. (e) Order to complete examination. If the order of reference does not prescribe a time limit for the completion of the examination, the court, upon motion of any party or on its own initiative, may

prescribe a time for completion. (f) Filing of record. Unless otherwise ordered by the court, all proceedings before the examiner shall be transcribed. A witness shall not be required to authenticate and sign the transcript of that witness' testimony unless requested by a party. When the examination has been completed, the examiner shall collect and arrange all transcripts and exhibits, certify that they are authentic and complete, and file them with the court. The examiner may also include a report of any special matters or irregularities that arose during or as a result of the examination. On the date the record is filed, the examiner shall send written notice to all parties informing them of the date of filing. The examiner shall certify to the court that the required notices have been sent. For ten days thereafter, the record shall be available for inspection by the parties. (g) Exceptions. Within ten days after the filing of the record, a party may file exceptions to the accuracy, completeness, or authenticity of the record or for the purpose of presenting to the court objections made before the examiner. Exceptions shall be in writing and shall set forth the asserted error with particularity. Any matter not specifically set forth in the exceptions is waived unless the court finds that justice requires otherwise. (h) Hearing on exceptions. A hearing shall be held on exceptions only with leave of court. (i) Costs. Payment of the compensation, fees, and costs of an examiner may be compelled by order of court. The costs of the transcript may be included in the costs of the action and assessed among the parties as the court may direct. MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 500. TRIAL Md. Rule 2-543 (2012) Rule 2-543. Auditors (a) Appointment -- Compensation. (1) Standing auditor. A majority of the judges of the circuit court of a county may appoint a standing auditor and shall prescribe the compensation, fees, and costs of the auditor. (2) Special auditor. The court may appoint a special auditor for a particular action and shall prescribe the compensation, fees, and costs of the special auditor and assess them among the parties. The order of appointment may specify or limit the powers of a special auditor and may contain special directions. (3) Officer of the court. An auditor serves at the pleasure of the appointing court and is an officer of the court in which the referred matter is pending. (b) Referral by order. In addition to referrals required by rule or statute, the court, on motion of any party or on its own initiative, may refer by order to an auditor an action founded on an account or

an action in which it is necessary to examine, state, or settle accounts. When a matter is referred to an auditor, the order shall state the purpose and scope of the audit. The order may prescribe the manner in which the audit is to be conducted and shall set time limits for the completion of the audit and the rendering of the account or report. (c) Powers. The auditor may require any party to submit a proposed account and supporting vouchers. Subject to the provisions of the order of reference, an auditor has the power to regulate all proceedings in the hearing, including the powers to: (1) Direct the issuance of a subpoena to compel the attendance of witnesses and the production of documents or other tangible things; (2) Administer oaths to witnesses; (3) Rule upon the admissibility of evidence; (4) Examine witnesses; (5) Convene, continue, and adjourn hearings, as required; (6) Recommend contempt proceedings or other sanctions to the court; and (7) Make findings of fact and conclusions of law. (d) Hearing. (1) Notice. If a hearing is necessary, the auditor shall fix the time and place for the hearing and shall send written notice to all parties and to all persons who have filed a claim in the proceedings at the address stated in the claim. (2) Attendance of witnesses. A party or claimant may procure by subpoena the attendance of witnesses and the production of documents or other tangible things at the hearing. (3) Record. All proceedings before an auditor shall be recorded either stenographically or by an electronic recording device, unless the making of a record is waived in writing by all parties and claimants. A waiver of the making of a record is also a waiver of the right to file any exceptions that would require review of the record for their determination. (e) Account or report. Within the time prescribed by the order of reference, the auditor shall file an account or report and at the same time send a copy to each party. The original exhibits shall also be filed. On the date of filing, the auditor shall send to each party and claimant a notice stating that the account or report was filed on that date; that any exceptions shall be filed within ten days of that date; and that, if timely exceptions are not filed, the account or report may be ratified. The notice to a claimant shall also specify the amount allowed to that claimant in the account or report. If a partial or total distribution of the estate of a debtor by a receiver or assignee is involved, the notice shall comply with the requirements of Rule 13-502 (c). The auditor shall certify to the court that

the requirements of this section have been met. (f) Time of entry of order. An order ratifying the report or account shall not be entered until after the expiration of the time for filing exceptions. If exceptions are not timely filed, the court may enter an order ratifying the report or account. (g) Exceptions. (1) How taken. Within ten days after the filing of the auditor's account or report, a party or claimant may file exceptions with the clerk. Within that period or within three days after service of the first exceptions, whichever is later, any other party or claimant may file exceptions. Exceptions shall be in writing and shall set forth the asserted error with particularity. Any matter not specifically set forth in the exceptions is waived unless the court finds that justice requires otherwise. (2) Transcript. A party or claimant who has filed exceptions shall cause to be prepared and transmitted to the court a transcript of so much of the testimony as is necessary to rule on the exceptions. The transcript shall be filed within 30 days after the filing of exceptions or within such longer time, not exceeding 90 days from the date of the filing of exceptions, as the auditor may allow. The court may further extend the time for the filing of the transcript for good cause shown. Instead of a transcript, the parties and claimants whose interest could be affected by the exceptions may agree to a statement of facts or the court by order may accept an electronic recording of the proceedings as the transcript. The court may dismiss the exceptions of a party or person who has not complied with this section. (h) Hearing on exceptions. The court may decide exceptions without a hearing unless a hearing is requested with the exceptions or by an opposing party or claimant within five days after service of the exceptions. The exceptions shall be decided on the evidence presented to the auditor unless: (1) the excepting party or claimant sets forth with particularity the additional evidence to be offered and the reasons why the evidence was not offered before the auditor; and (2) the court determines that the additional evidence should be considered. If additional evidence is to be considered, the court may remand the matter to the auditor to hear the additional evidence and to make appropriate findings or conclusions or the court may hear and consider the additional evidence. (i) Costs. Payment of the compensation, fees, and costs of an auditor may be compelled by order of court. The costs of any transcript may be included in the costs of the action and assessed among the parties as the court may direct. HISTORY: (Amended Apr. 7, 1986, effective July 1, 1986; June 5, 1996, effective Jan. 1, 1997.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 500. TRIAL Md. Rule 2-551 (2012) Rule 2-551. In banc review

(a) Generally. When review by a court in banc is permitted by the Maryland Constitution, a party may have a judgment or determination of any point or question reviewed by a court in banc by filing a notice for in banc review. Issues are reserved for in banc review by making an objection in the manner set forth in Rules 2-517 and 2-520. Upon the filing of the notice, the Circuit Administrative Judge shall designate three judges of the circuit, other than the judge who tried the action, to sit in banc. (b) Time for filing. Except as otherwise provided in this section, the notice for in banc review shall be filed within ten days after entry of judgment. When a timely motion is filed pursuant to Rule 2532, 2-533, or 2-534, the notice for in banc review shall be filed within ten days after entry of an order denying a motion pursuant to Rule 2-533 or disposing of a motion pursuant to Rule 2-532 or 2-534. A notice for in banc review filed before the disposition of any of these motions that was timely filed shall have no effect, and a new notice for in banc review must be filed within the time specified in this section. (c) Memoranda. Within 30 days after the filing of the notice for in banc review, the party seeking review shall file four copies of a memorandum stating concisely the questions presented, any facts necessary to decide them, and supporting argument. Within 15 days thereafter, an opposing party who wishes to dispute the statement of questions or facts shall file four copies of a memorandum stating the alternative questions presented, any additional or different facts, and supporting argument. In the absence of such dispute, an opposing party may file a memorandum of argument. (d) Transcript. Promptly after the filing of memoranda, a judge of the panel shall determine, by reviewing the memoranda and, if necessary, by conferring with counsel, whether a transcript of all or part of the proceeding is reasonably required for decision of the questions presented. If a transcript is required, the judge shall order one of the parties to provide the transcript and shall fix a time for its filing. The expenses of the transcript shall be assessed as costs against the losing party, unless otherwise ordered by the panel. (e) Hearing and decision. A hearing shall be scheduled as soon as practicable but need not be held if all parties notify the clerk in writing at least 15 days before the scheduled hearing date that the hearing has been waived. In rendering its decision, the panel shall prepare and file or dictate into the record a brief statement of the reasons for the decision. (f) Motion to shorten or extend time requirements. Upon motion of any party filed pursuant to Rule 1-204, any judge of the panel may shorten or extend the time requirements of this Rule, except the time for filing a notice for in banc review. (g) Dismissal. The panel, on its own initiative or on motion of any party, shall dismiss an in banc review if (1) in banc review is not permitted by the Maryland Constitution, (2) the notice for in banc review was prematurely filed or not timely filed, or (3) the case has become moot, and the panel may dismiss if the memorandum of the party seeking review was not timely filed. (h) Further review. Any party who seeks and obtains review under this Rule has no further right of appeal. The decision of the panel does not preclude an appeal to the Court of Special Appeals by

an opposing party who is otherwise entitled to appeal. HISTORY: (Amended Apr. 7, 1986, effective July 1, 1986; Nov. 1, 2001, effective Jan. 1, 2002.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 600. JUDGMENT Md. Rule 2-601 (2012) Rule 2-601. Entry of judgment (a) Prompt entry -- Separate document. Each judgment shall be set forth on a separate document. Upon a verdict of a jury or a decision by the court allowing recovery only of costs or a specified amount of money or denying all relief, the clerk shall forthwith prepare, sign, and enter the judgment, unless the court orders otherwise. Upon a verdict of a jury or a decision by the court granting other relief, the court shall promptly review the form of the judgment presented and, if approved, sign it, and the clerk shall forthwith enter the judgment as approved and signed. A judgment is effective only when so set forth and when entered as provided in section (b) of this Rule. Unless the court orders otherwise, entry of the judgment shall not be delayed pending determination of the amount of costs. (b) Method of entry -- Date of judgment. The clerk shall enter a judgment by making a record of it in writing on the file jacket, or on a docket within the file, or in a docket book, according to the practice of each court, and shall record the actual date of the entry. That date shall be the date of the judgment. (c) Recording and indexing. Promptly after entry, the clerk shall (1) record and index the judgment, except a judgment denying all relief without costs, in the judgment records of the court and (2) note on the docket the date the clerk sent copies of the judgment in accordance with Rule 1-324. HISTORY: (Amended Apr. 4, 1986, effective July 1, 1986; Apr. 8, 1997, effective Oct. 1, 1997; Nov. 1, 2001, effective Jan. 1, 2002; Nov. 12, 2003, effective Jan. 1, 2004.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 600. JUDGMENT Md. Rule 2-602 (2012) Rule 2-602. Judgments not disposing of entire action (a) Generally. Except as provided in section (b) of this Rule, an order or other form of decision, however designated, that adjudicates fewer than all of the claims in an action (whether raised by original claim, counterclaim, cross-claim, or third-party claim), or that adjudicates less than an entire claim, or that adjudicates the rights and liabilities of fewer than all the parties to the action:

(1) is not a final judgment; (2) does not terminate the action as to any of the claims or any of the parties; and (3) is subject to revision at any time before the entry of a judgment that adjudicates all of the claims by and against all of the parties. (b) When allowed. If the court expressly determines in a written order that there is no just reason for delay, it may direct in the order the entry of a final judgment: (1) as to one or more but fewer than all of the claims or parties; or (2) pursuant to Rule 2-501(f)(3), for some but less than all of the amount requested in a claim seeking money relief only. HISTORY: (Amended Apr. 8, 1985; Nov. 12, 2003, effective Jan. 1, 2004; Dec. 8, 2003, effective July 1, 2004; April 5, 2005, effective July 1, 2005.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 600. JUDGMENT Md. Rule 2-603 (2012) Rule 2-603. Costs (a) Allowance and allocation. Unless otherwise provided by rule, law, or order of court, the prevailing party is entitled to costs. The court, by order, may allocate costs among the parties. Cross references. -- Code, Courts Art., 7-202. (b) Assessment by the clerk. The clerk shall assess as costs all fees of the clerk and sheriff, statutory fees actually paid to witnesses who testify, and, in proceedings under Title 7, Chapter 200 of these Rules, the costs specified by Rule 7-206 (a). On written request of a party, the clerk shall assess other costs prescribed by rule or law. The clerk shall notify each party of the assessment in writing. On motion of any party filed within five days after the party receives notice of the clerk's assessment, the court shall review the action of the clerk. (c) Assessment by the court. When the court orders or requests a transcript or, on its own initiative, appoints an expert or interpreter, the court may assess as costs some or all of the expenses or may order payment of some or all of the expenses from public funds. On motion of a party and after hearing, if requested, the court may assess as costs any reasonable and necessary expenses, to the extent permitted by rule or law. (d) Joint liability. When an action is brought for the use or benefit of another as provided in Rule

2-201, the person for whom the action is brought and the person bringing the action, except the State of Maryland, shall be liable for the payment of any costs assessed against either of them. (e) Waiver of costs in domestic relations cases -- Indigency. In an action under Title 9, Chapter 200 of these Rules, the court shall waive final costs, including any compensation, fees, and costs of a master or examiner if the court finds that the party against whom the costs are assessed is unable to pay them by reason of poverty. The party may seek the waiver at the conclusion of the case in accordance with Rule 1-325 (a). If the party was granted a waiver pursuant to that Rule and remains unable to pay the costs, the affidavit required by Rule 1-325 (a) need only recite the existence of the prior waiver and the party's continued inability to pay. HISTORY: (Amended Apr. 7, 1986, effective July 1, 1986; June 4, 1991, effective July 1, 1991; Jan. 20, 1999, effective July 1, 1999; Dec. 16, 1999, effective Jan. 1, 2000.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 600. JUDGMENT Md. Rule 2-604 (2012) Rule 2-604. Interest (a) Pre-judgment interest. Any pre-judgment interest awarded by a jury or by a court sitting without a jury shall be separately stated in the verdict or decision and included in the judgment. (b) Post-judgment interest. A money judgment shall bear interest at the rate prescribed by law from the date of entry. MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 600. JUDGMENT Md. Rule 2-605 (2012) Rule 2-605. Offers of judgment -- health care malpractice claims A party to a health care malpractice claim may serve on the adverse party an offer of judgment pursuant to Code, Courts Article, 3-2A-08A. HISTORY: (Added Nov. 8, 2005, effective Jan. 1, 2006.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 600. JUDGMENT Md. Rule 2-611 (2012) Rule 2-611. Confessed judgment

(a) Complaint; written instrument and affidavit required. A complaint seeking a confessed judgment shall be accompanied by the original or a copy of the written instrument authorizing the confession of judgment for a liquidated amount and an affidavit in the following form: Affidavit for Judgment by Confession 1. I, , am competent to testify.

(Name of Affiant) 2. I am: [] the plaintiff in this action. or [] .

(If the Affiant is not the plaintiff, state the Affiant's relationship to the action.) 3. The original or a copy of the written instrument authorizing the confession of judgment against the defendant is attached to the complaint. 4. The amount due and owing under the instrument is: Principal Interest $ Total $ . $ $

5. The amount shown as the "Total" in Paragraph 4 is: [] the face amount of the instrument. or [] computed as follows:

(State the dates and amounts of all payments made and show the computation of all interest and attorneys' fees claimed.) 6. The address of the defendant is: [] or [] unknown, and the following efforts to locate the defendant have been made:

c (State specific details of the efforts made, including by whom and when the efforts were made.) 7. The instrument does not evidence or arise from a consumer loan as to which a confessed judgment clause is prohibited by Code, Commercial Law Article, 12-311 (b). 8. The instrument does not evidence or arise from a consumer transaction as to which a confessed judgment clause is prohibited by Code, Commercial Law Article, 13-301. 9. The instrument is not subject to the Maryland Retail Installment Sales Act as to which a confessed judgment clause is prohibited by Code, Commercial Law Article, 12-607. I solemnly affirm under the penalties of perjury that the contents of the foregoing Affidavit are true to the best of my knowledge, information, and belief.

(Signature of Affiant)

(Date) (b) Action by court. If the court determines that (1) the complaint complies with the requirements of section (a) of this Rule and (2) the pleadings and papers demonstrate a factual and legal basis for entitlement to a confessed judgment, the court shall direct the clerk to enter the judgment. Otherwise, it shall dismiss the complaint. (c) Notice. Promptly upon entry of a judgment by confession, the clerk, instead of a summons, shall issue a notice informing the defendant of entry of judgment and of the latest time for filing a

motion to open, modify, or vacate the judgment. If the address of the defendant is stated in the affidavit, the notice and copies of the original pleadings shall be served on the defendant in accordance with Rule 2-121. If the court is satisfied from the affidavit filed by the plaintiff that despite reasonable efforts the defendant cannot be served or the whereabouts of the defendant cannot be determined, the court shall provide for notice to the defendant in accordance with Rule 2-122. (d) Motion by defendant. The defendant may move to open, modify, or vacate the judgment within the time prescribed for answering by sections (a) and (b) of Rule 2-321. The motion shall state the legal and factual basis for the defense to the claim. (e) Disposition of motion. If the court finds that there is a substantial and sufficient basis for an actual controversy as to the merits of the action, the court shall order the judgment by confession opened, modified, or vacated and permit the defendant to file a responsive pleading. (f) Delay of enforcement. Unless the court orders otherwise, property shall not be sold in execution of a judgment by confession and wages or other debt shall not be remitted by a garnishee to the judgment creditor until the expiration of the time for filing a motion under section (d) of this Rule and the disposition of any motion so filed. HISTORY: (Amended June 3, 1988, effective July 1, 1988; amended March 9, 2010, effective July 1, 2010.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 600. JUDGMENT Md. Rule 2-612 (2012) Rule 2-612. Consent judgment The court may enter a judgment at any time by consent of the parties. The clerk may enter a judgment at any time by consent of the parties if the judgment (a) is for a specified amount of money or for costs or denies all relief and (b) adjudicates all of the claims for relief presented in the action, whether by original claim, counterclaim, cross-claim, or third-party claim. HISTORY: (Amended Apr. 7, 1986, effective July 1, 1986.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 600. JUDGMENT Md. Rule 2-613 (2012) Rule 2-613. Default judgment (a) Parties to whom applicable. In this Rule, the term "plaintiff" includes counter-plaintiffs, cross-plaintiffs, and third-party plaintiffs, and the term "defendant" includes counter-defendants,

cross-defendants, and third-party defendants. (b) Order of default. If the time for pleading has expired and a defendant has failed to plead as provided by these rules, the court, on written request of the plaintiff, shall enter an order of default. The request shall state the last known address of the defendant. (c) Notice. Promptly upon entry of an order of default, the clerk shall issue a notice informing the defendant that the order of default has been entered and that the defendant may move to vacate the order within 30 days after its entry. The notice shall be mailed to the defendant at the address stated in the request and to the defendant's attorney of record, if any. The court may provide for additional notice to the defendant. (d) Motion by defendant. The defendant may move to vacate the order of default within 30 days after its entry. The motion shall state the reasons for the failure to plead and the legal and factual basis for the defense to the claim. (e) Disposition of motion. If the court finds that there is a substantial and sufficient basis for an actual controversy as to the merits of the action and that it is equitable to excuse the failure to plead, the court shall vacate the order. (f) Entry of judgment. If a motion was not filed under section (d) of this Rule or was filed and denied, the court, upon request, may enter a judgment by default that includes a determination as to liability and all relief sought, if it is satisfied (1) that it has jurisdiction to enter the judgment and (2) that the notice required by section (c) of this Rule was mailed. If, in order to enable the court to enter judgment, it is necessary to take an account or to determine the amount of damages or to establish the truth of any averment by evidence or to make an investigation of any matter, the court may rely on affidavits, conduct hearings, or order references as appropriate, and, if requested, shall preserve to the plaintiff the right of trial by jury. (g) Finality. A default judgment entered in compliance with this Rule is not subject to the revisory power under Rule 2-535 (a) except as to the relief granted. HISTORY: (Amended Nov. 20, 1984, effective Jan. 1, 1985; Apr. 7, 1986, effective July 1, 1986; Nov. 22, 1989, effective Jan. 1, 1990; Dec. 10, 1996, effective July 1, 1997; Nov. 12, 2003, effective Jan. 1, 2004; June 16, 2009, effective June 17, 2009.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 600. JUDGMENT Md. Rule 2-614 (2012) Rule 2-614. Judgment of contribution or recovery over If in a single action a judgment is entered jointly against more than one defendant, the court upon motion may enter an appropriate judgment for one of the defendants against another defendant if (a) the moving defendant has discharged the judgment by payment or has paid more

than a pro rata share of the judgment and (b) the moving defendant has a right to contribution or to recovery over from the other defendant. MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 600. JUDGMENT Md. Rule 2-615 (2012) Rule 2-615. Judgment on claim and counterclaim When money damages are awarded on both a claim and a counterclaim, judgment shall be entered for the excess of one over the other. MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 600. JUDGMENT Md. Rule 2-621 (2012) Rule 2-621. Lien of money judgment (a) County of entry. Except as otherwise provided by law, a money judgment that is recorded and indexed in the county of entry constitutes a lien from the date of entry in the amount of the judgment and post-judgment interest on the defendant's interest in land located in that county. (b) Other counties. Except as otherwise provided by law, a money judgment that is recorded and indexed pursuant to Rule 2-623 (a) constitutes a lien from the date of recording in the amount of the judgment and post-judgment interest on the defendant's interest in land located in the county of recording. (c) District Court judgment. Except as otherwise provided by law, a money judgment of the District Court constitutes a lien from the date of recording of a Notice of Lien, if the notice is recorded and indexed pursuant to Rule 2-623 (b), in the amount of the judgment and post-judgment interest on the defendant's interest in land located in the county of recording. HISTORY: (Amended Apr. 7, 1986, effective July 1, 1986.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 600. JUDGMENT Md. Rule 2-622 (2012) Rule 2-622. Transmittal to another court (a) Original judgment. Upon request of a person holding a judgment, the clerk shall provide that person with a certified copy of the judgment or shall transmit a certified copy to the clerk of another circuit court of this State and shall maintain a record of the transmittal.

(b) When judgment vacated, modified, or satisfied. When a judgment is vacated, modified, or satisfied, the clerk shall transmit a certified notice of that action to each clerk to whom a certified copy of the judgment was transmitted pursuant to section (a) of this Rule or from whom a notice of recording of the judgment has been received pursuant to Rule 2-623. MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 600. JUDGMENT Md. Rule 2-623 (2012) Rule 2-623. Recording of judgment of another court and District Court notice of lien (a) Judgment of another court. Upon receiving a copy of a judgment of another court, certified or authenticated in accordance with these rules or statutes of this State, or of the United States, the clerk shall record and index the judgment if it was entered by (a) the Court of Appeals, (b) the Court of Special Appeals, (c) another circuit court of this State, (d) a court of the United States, or (e) any other court whose judgments are entitled to full faith and credit in this State. Upon recording a judgment received from a person other than the clerk of the court of entry, the receiving clerk shall notify the clerk of the court of entry. Cross references. -- For enforcement of foreign judgments, see Code, Courts Article, 11-801 through 11-807. (b) District Court notice of lien. Upon receiving a certified copy of a Notice of Lien from the District Court pursuant to Rule 3-621, the clerk shall record and index the notice in the same manner as a judgment. HISTORY: (Amended Apr. 7, 1986, effective July 1, 1986; June 3, 1988, effective July 1, 1988.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 600. JUDGMENT Md. Rule 2-624 (2012) Rule 2-624. Assignment of judgment When a judgment has been assigned in writing by the judgment holder, the assignment may be filed in the court where the judgment was entered and in any court where it has been recorded. When an assignment is filed, the judgment may thereafter be enforced in the name of the assignee to the extent of the assigned interest. HISTORY: (Amended Apr. 7, 1986, effective July 1, 1986.) MARYLAND RULES

TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 600. JUDGMENT Md. Rule 2-625 (2012) Rule 2-625. Expiration and renewal of money judgment A money judgment expires 12 years from the date of entry or most recent renewal. At any time before expiration of the judgment, the judgment holder may file a notice of renewal and the clerk shall enter the judgment renewed. HISTORY: (Amended Apr. 7, 1986, effective July 1, 1986.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 600. JUDGMENT Md. Rule 2-626 (2012) Rule 2-626. Satisfaction of money judgment (a) Entry upon notice. Upon being paid all amounts due on a money judgment, the judgment creditor shall furnish to the judgment debtor and file with the clerk a written statement that the judgment has been satisfied. Upon the filing of the statement the clerk shall enter the judgment satisfied. (b) Entry upon motion. If the judgment creditor fails to comply with section (a) of this Rule, the judgment debtor may file a motion for an order declaring that the judgment has been satisfied. The motion shall be served on the judgment creditor in the manner provided in Rule 2-121. If the court is satisfied from an affidavit filed by the judgment debtor that despite reasonable efforts the judgment creditor cannot be served or the whereabouts of the judgment creditor cannot be determined, the court shall provide for notice to the judgment creditor in accordance with Rule 2122. (c) Costs and expenses. If the court enters an order of satisfaction, it shall order the judgment creditor to pay to the judgment debtor the costs and expenses incurred in obtaining the order, including reasonable attorney's fees, unless the court finds that the judgment creditor had a justifiable reason for not complying with the requirements set forth in section (a). If the motion for an order of satisfaction is denied, the court may award costs and expenses, including reasonable attorney's fees, under Rule 1-341. HISTORY: (Amended Apr. 7, 1986, effective July 1, 1986.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 600. JUDGMENT Md. Rule 2-631 (2012)

Rule 2-631. Enforcement procedures available Judgments may be enforced only as authorized by these rules or by statute. HISTORY: (Amended June 3, 1988, effective July 1, 1988.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 600. JUDGMENT Md. Rule 2-632 (2012) Rule 2-632. Stay of enforcement (a) Stay of interlocutory order. On motion of a party the court may stay the operation or enforcement of an interlocutory order on whatever conditions the court considers proper for the security of the adverse party. The motion shall be accompanied by the moving party's written statement of intention to seek review of the order on appeal from the judgment entered in the action. (b) Automatic stay of judgment. Except as otherwise provided in this Rule, enforcement of a money judgment is automatically stayed until the expiration of ten days after its entry. Cross references. -- For the definition of "money judgment," see Rule 1-202. (c) Discretionary stay of judgment. In its discretion and on such conditions for the security of the adverse party as are proper, the court may stay enforcement of a judgment pending the disposition of a motion for a new trial filed pursuant to Rule 2-533, a motion to alter or amend a judgment filed pursuant to Rule 2-534, a motion to revise a judgment filed pursuant to Rule 2-535, or a motion for judgment notwithstanding the verdict filed pursuant to Rule 2-532. (d) Multiple claims. When a court has entered a final judgment under the conditions stated in Rule 2-602, the court may stay enforcement of that judgment until the entering of a subsequent judgment and may prescribe such conditions as are necessary to secure the benefit of the judgment to the party in whose favor the judgment is entered. (e) Pending appeal. Except as provided in this section and in section (f) of this Rule, a stay pending appeal is governed by Rules 8-422 through 8-424. If the court determines that because of the nature of the action enforcement of the judgment should not be stayed by the filing of a supersedeas bond or other security, it may enter an order denying a stay or permitting a stay only on the terms stated in the order. (f) Injunction pending appeal. When an appeal is taken from an order or a judgment granting, dissolving, or denying an injunction, the court in its discretion may suspend, modify, restore, or grant an injunction during the pendency of the appeal upon such terms as to bond or otherwise as it considers proper for the security of the adverse party. Further procedure in the appellate court is

governed by Rule 8-425. (g) Power of appellate court not limited. The provisions of this Rule do not limit any power of an appellate court to stay proceedings during the pendency of an appeal or to suspend, modify, restore, or grant an injunction during the pendency of an appeal or to make any order appropriate to preserve the status quo or the effectiveness of the judgment subsequently to be entered. HISTORY: (Amended Nov. 19, 1987, effective July 1, 1988; June 5, 1996, effective Jan. 1, 1997; Dec. 10, 1996, effective July 1, 1997; Nov. 12, 2003, effective Jan. 1, 2004.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 600. JUDGMENT Md. Rule 2-633 (2012) Rule 2-633. Discovery in aid of enforcement (a) Methods. A judgment creditor may obtain discovery to aid enforcement of a money judgment (1) by use of depositions, interrogatories, and requests for documents, and (2) by examination before a judge or an examiner as provided in section (b) of this Rule. Committee note. -- The discovery permitted by this Rule is in addition to the discovery permitted before the entry of judgment, and the limitations set forth in Rules 2-411 (d) and 2-421 (a) apply separately to each. Thus, a second deposition of an individual previously deposed before the entry of judgment may be taken after the entry of judgment without leave of court. A second postjudgment deposition of that individual, however, would require leave of court. Melnick v. New Plan Realty, 89 Md. App. 435 (1991). Furthermore, leave of court is not required under Rule 2-421 to serve interrogatories on a judgment debtor solely because 30 interrogatories were served upon that party before the entry of judgment. (b) Examination before a judge or an examiner. On request of a judgment creditor, filed no earlier than 30 days after entry of a money judgment, the court where the judgment was entered or recorded may issue an order requiring the appearance for examination under oath before a judge or examiner of (1) the judgment debtor, or (2) any other person if the court is satisfied by affidavit or other proof that it is probable that the person has property of the judgment debtor, is indebted for a sum certain to the judgment debtor, or has knowledge of any concealment, fraudulent transfer, or withholding of any assets belonging to the judgment debtor. The order shall specify when, where, and before whom the examination will be held and that failure to appear may result in the person served being held in contempt. The order shall be served upon the judgment debtor or other person in the manner provided by Rule 2-121. The judge or examiner may sequester persons to be examined, with the exception of the judgment debtor. HISTORY: (Amended Apr. 7, 1986, effective July 1, 1986; Nov. 12, 2003, effective Jan. 1, 2004.)

MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 600. JUDGMENT Md. Rule 2-641 (2012) Rule 2-641. Writ of execution -- Issuance and content (a) Generally. Upon the written request of a judgment creditor, the clerk of a court where the judgment was entered or is recorded shall issue a writ of execution directing the sheriff to levy upon property of the judgment debtor to satisfy a money judgment. The writ shall contain a notice advising the debtor that federal and state exemptions may be available and that there is a right to move for release of the property from the levy. The request shall be accompanied by instructions to the sheriff that shall specify (1) the judgment debtor's last known address, (2) the judgment and the amount owed under the judgment, (3) the property to be levied upon and its location, and (4) whether the sheriff is to leave the levied property where found, or to exclude others from access to it or use of it, or to remove it from the premises. The judgment creditor may file additional instructions as necessary and appropriate and deliver a copy to the sheriff. More than one writ may be issued on a judgment, but only one satisfaction of a judgment may be had. (b) Issuance to another county. If a judgment creditor requests the clerk of the court where the judgment was entered to issue a writ of execution directed to the sheriff of another county, the clerk shall send to the clerk of the other county the writ, the instructions to the sheriff, and, if not already recorded there, a certified copy of the judgment for recording. (c) Transmittal to sheriff; bond. Upon issuing a writ of execution or receiving one from the clerk of another county, the clerk shall deliver the writ and instructions to the sheriff. The sheriff shall endorse on the writ the exact hour and date of its receipt and shall maintain a record of actions taken pursuant to it. If the instructions direct the sheriff to remove the property from the premises where found or to exclude others from access to or use of the property, the sheriff may require the judgment creditor to file with the sheriff a bond with security approved by the sheriff for the payment of any expenses that may be incurred by the sheriff in complying with the writ. HISTORY: (Amended May 8, 2007, effective July 1, 2007) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 600. JUDGMENT Md. Rule 2-642 (2012) Rule 2-642. Writ of execution -- Levy (a) Levy upon real property. Except as otherwise provided by law, the sheriff shall levy upon a judgment debtor's interest in real property pursuant to a writ of execution by entering a description of the property upon a schedule and by posting a copy of the writ and the schedule in a prominent place on the property.

(b) Levy upon personal property. Except as otherwise provided by law, the sheriff shall levy upon a judgment debtor's interest in personal property pursuant to a writ of execution by obtaining actual view of the property, entering a description of the property upon a schedule, and (1) removing the property from the premises, or (2) affixing a copy of the writ and schedule to the property, or (3) posting a copy of the writ and schedule in a prominent place in the immediate vicinity of the property and affixing to each item of property a label denoting that the property has been levied upon by the sheriff, or (4) posting a copy of the writ and schedule in a prominent place in the immediate vicinity of the property without affixing a label to each item of property if affixing a label to each item of property is possible but not practical. (c) Possession of personal property by third person. When the sheriff has been instructed to remove the property from the premises or exclude others from access or use and finds the property in the possession of a person, other than the judgment debtor, who asserts entitlement to possession and objects to the sheriff's removal of it or exclusion of that person from access or use, the sheriff may levy and leave the property where found. (d) Notice of levy. The sheriff shall furnish a copy of the writ of execution and schedule to any person found by the sheriff to be in possession of the property, and, if that person is not the judgment debtor, the sheriff shall promptly mail a copy of the writ and schedule to the judgment debtor's last known address. (e) Return. Following a levy, the sheriff shall promptly file a return together with the schedule. If the writ of execution was received from another county under Rule 2-641 (b), a copy of the return and schedule shall also be filed in the county where the judgment was entered. MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 600. JUDGMENT Md. Rule 2-643 (2012) Rule 2-643. Release of property from levy (a) Upon satisfaction of judgment. Property is released from a levy when the judgment has been entered as satisfied and the costs of the enforcement proceedings have been paid. (b) Upon posting bond. The judgment debtor may also obtain release of property from a levy by filing a bond in an amount sufficient to satisfy the judgment and enforcement costs. (c) Upon motion of judgment debtor. Upon motion of the judgment debtor, the court may release some or all of the property from a levy if it finds that (1) the judgment has been vacated, has expired, or has been satisfied, (2) the property is exempt from levy, (3) the judgment creditor has failed to comply with these rules or an order of court regarding the enforcement proceedings, (4) property sufficient in value to satisfy the judgment and enforcement costs will remain under the levy after the release, (5) the levy upon the specific property will cause undue hardship to the judgment debtor and the judgment debtor has delivered to the sheriff or made available for levy

alternative property sufficient in value to satisfy the judgment and enforcement costs, or (6) the levy has existed for 120 days without sale of the property, unless the court for good cause extends the time. The motion and any response to the motion may be accompanied by a request for court review of the sheriff's appraisal made at the time of the levy. (d) Upon election of exemption by judgment debtor. By motion filed within 30 days after a levy, the judgment debtor may elect to exempt from execution of the judgment selected items of property or cash not exceeding in amount the cumulative value permitted by law. The motion and any response to the motion may be accompanied by a request for court review of the sheriff's appraisal made at the time of the levy. The court shall release from the levy items of cash or property selected by the debtor to the extent required by law. (e) Upon claim of a third person. A person other than the judgment debtor who claims an interest in property under levy may file a motion requesting that the property be released. The motion shall be served on the judgment creditor and, if reasonably feasible, on the judgment debtor. If the judgment debtor is not served and does not voluntarily appear, the claimant shall file an affidavit showing that reasonable efforts have been made to ascertain the whereabouts of the judgment debtor and to provide the judgment debtor with notice of the motion. The court may require further attempts to notify the judgment debtor. The judgment creditor or the judgment debtor may file a response to the motion. (f) Hearing. A party desiring a hearing on a motion filed pursuant to this Rule shall so request pursuant to Rule 2-311 (f) and, if requested, a hearing shall be held promptly. MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 600. JUDGMENT Md. Rule 2-644 (2012) Rule 2-644. Sale of property under levy (a) By sheriff. Upon request of the judgment creditor, the sheriff, without further order of court, shall sell property under levy in the manner provided by this Rule. No sale shall be made before 30 days after the levy or before disposition of an election made by the judgment debtor pursuant to Rule 2-643 (d). The sheriff may sell so much of the debtor's interest in the property under levy as is necessary to obtain the amount of the judgment and costs of the enforcement proceedings. The debtor's interest includes all legal and equitable interests of the debtor in the property at the time the judgment became a lien on the property. (b) Notice of sale. The sheriff shall give notice of the time, place, and terms of the sale. The notice shall be posted on the courthouse door or on a bulletin board in the immediate vicinity of the door of the courthouse and published in a newspaper of general circulation in the county where the property is located at least (1) ten days before the sale of an interest in personal property or (2) 20 days before the sale of an interest in real property. When the property under levy is perishable, the

sheriff may sell the property with less notice or with no notice, if necessary to prevent spoilage and loss of value. (c) Conduct of sale. The sale shall be public and shall be held at the time and place given in the notice. The sale shall be for the highest cash offer, but the sheriff may reject all offers if they are unconscionably low and offer the property for sale at a later time. When both personal property and real property have been levied upon under the same judgment, the sheriff upon written request of the debtor received prior to the first publication of notice of a first sale, shall sell the property in the order requested. Otherwise the order of sale shall be in the discretion of the sheriff. (d) Transfer of real property following sale. The procedure following the sale of an interest in real property shall be as prescribed by Rule 14-305, except that (1) the provision of Rule 14-305 (f) for referral to an auditor does not apply and (2) the court may not ratify the sale until the judgment creditor has filed a copy of the public assessment record for the real property kept by the supervisor of assessments in accordance with Code, Tax-Property Article, 2-211. After ratification of the sale by the court, the sheriff shall execute and deliver to the purchaser a deed conveying the debtor's interest in the property, and if the interests of the debtor included the right to possession, the sheriff shall place the purchaser in possession of the property. It shall not be necessary for the debtor to execute the deed. (e) Transfer of personal property following sale. Following the sale of personal property, the sheriff shall execute and deliver to the purchaser a bill of sale conveying the debtor's interest in the property. If the interests of the debtor include the right to possession, the sheriff shall deliver the property to the purchaser. (f) Distribution of proceeds. The sheriff may withdraw from the proceeds of the sale all appropriate unpaid sheriff's expenses and fees incident to the enforcement proceedings. Unless otherwise ordered by the court, the sheriff shall distribute the balance of the proceeds of the sale, first to the judgment creditor in satisfaction of the amount owed under the judgment plus costs of the enforcement proceedings advanced by the creditor, and then, to the judgment debtor. Cross references. -- Code, Courts Article, 11-510 and 11-511. (g) Report to the court. The sheriff shall file a report stating the property sold, the purchasers, the amount of the proceeds, and the distribution of the proceeds. HISTORY: (Amended Jan. 10, 1995, effective Feb. 1, 1995; June 5, 1996, effective Jan. 1, 1997; Nov. 12, 2003, effective Jan. 1, 2004; May 8, 2007, effective July 1, 2007.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 600. JUDGMENT Md. Rule 2-645 (2012) Rule 2-645. Garnishment of property -- Generally

(a) Availability. Subject to the provisions of Rule 2-645.1, this Rule governs garnishment of any property of the judgment debtor, other than wages subject to Rule 2-646 and a partnership interest subject to a charging order, in the hands of a third person for the purpose of satisfying a money judgment. Property includes any debt owed to the judgment debtor, whether immediately payable or unmatured. (b) Issuance of writ. The judgment creditor may obtain issuance of a writ of garnishment by filing in the same action in which the judgment was entered a request that contains (1) the caption of the action, (2) the amount owed under the judgment, (3) the name and last known address of each judgment debtor with respect to whom a writ is requested, and (4) the name and address of the garnishee. Upon the filing of the request, the clerk shall issue a writ of garnishment directed to the garnishee. (c) Content. The writ of garnishment shall: (1) contain the information in the request, the name and address of the person requesting the writ, and the date of issue, (2) direct the garnishee to hold, subject to further proceedings, the property of each judgment debtor in the possession of the garnishee at the time of service of the writ and all property of each debtor that may come into the garnishee's possession after service of the writ, (3) notify the garnishee of the time within which the answer must be filed and that the failure to do so may result in judgment by default against the garnishee, (4) notify the judgment debtor and garnishee that federal and state exemptions may be available, (5) notify the judgment debtor of the right to contest the garnishment by filing a motion asserting a defense or objection. Committee note. -- A writ of garnishment may direct a garnishee to hold the property of more than one judgment debtor if the name and address of each judgment debtor whose property is sought to be attached is stated in the writ. (d) Service. The writ shall be served on the garnishee in the manner provided by Chapter 100 of this Title for service of process to obtain personal jurisdiction and may be served in or outside the county. Promptly after service upon the garnishee, the person making service shall mail a copy of the writ to the judgment debtor's last known address. Proof of service and mailing shall be filed as provided in Rule 2-126. Subsequent pleadings and papers shall be served on the creditor, debtor, and garnishee in the manner provided by Rule 1-321. (e) Answer of garnishee. The garnishee shall file an answer within the time provided by Rule 2321. The answer shall admit or deny that the garnishee is indebted to the judgment debtor or has possession of property of the judgment debtor and shall specify the amount and nature of any debt and describe any property. The garnishee may assert any defense that the garnishee may have to the garnishment, as well as any defense that the judgment debtor could assert. After answering, the

garnishee may pay any garnished indebtedness into court and may deliver to the sheriff any garnished property, which shall then be treated as if levied upon by the sheriff. A garnishee who has filed an answer admitting indebtedness to the judgment debtor or possession of property of the judgment debtor is not required to file an amended answer solely because of an increase in the garnishee's indebtedness to the judgment debtor or the garnishee's receipt of additional property of the debtor. (f) When no answer filed. If the garnishee fails to file a timely answer, the judgment creditor may proceed pursuant to Rule 2-613 for a judgment by default against the garnishee. (g) When answer filed. If the garnishee files a timely answer, the matters set forth in the answer shall be treated as established for the purpose of the garnishment proceeding unless the judgment creditor files a reply contesting the answer within 30 days after its service. If a timely reply is not filed, the court may enter judgment upon request of the judgment creditor, the judgment debtor, or the garnishee. If a timely reply is filed to the answer of the garnishee, the matter shall proceed as if it were an original action between the judgment creditor as plaintiff and the garnishee as defendant and shall be governed by the rules applicable to civil actions. (h) Interrogatories to garnishee. The judgment creditor may serve interrogatories directed to the garnishee pursuant to Rule 2-421. The interrogatories shall contain a notice to the garnishee that, unless answers are served within 30 days after service of the interrogatories or within the time for filing an answer to the writ, whichever is later, the garnishee may be held in contempt of court. The interrogatories shall also inform the garnishee that the garnishee must file a notice with the court pursuant to Rule 2-401 (d) at the time the answers are served. If the garnishee fails to serve timely answers to interrogatories, the court, upon petition of the judgment creditor and proof of service of the interrogatories, may enter an order in compliance with Rule 15-206 treating the failure to answer as a contempt and may require the garnishee to pay reasonable attorney's fees and costs. (i) Release of property; claim by third person. Before entry of judgment, the judgment debtor may seek release of the garnished property in accordance with Rule 2-643, except that a motion under Rule 2-643 (d) shall be filed within 30 days after service of the writ of garnishment on the garnishee. Before entry of judgment, a third person claimant of the garnished property may proceed in accordance with Rule 2-643 (e). (j) Judgment. The judgment against the garnishee shall be for the amount admitted plus any amount that has come into the hands of the garnishee after service of the writ and before the judgment is entered, but not to exceed the amount owed under the creditor's judgment against the debtor and enforcement costs. (k) Termination of writ. Upon entry of a judgment against the garnishee pursuant to section (j) of this Rule, the writ of garnishment and the lien created by the writ shall terminate and the garnishee shall be under no obligation to hold any additional property of the debtor that may come into its possession after the judgment was entered. (l) Statement of satisfaction. Upon satisfaction by the garnishee of a judgment entered against it pursuant to section (j) of this Rule, the judgment creditor shall file a statement of satisfaction

setting forth the amount paid. If the judgment creditor fails to file the statement of satisfaction, the garnishee may proceed under Rule 2-626. HISTORY: (Amended Apr. 7, 1986, effective July 1, 1986; Mar. 22, 1991, effective July 1, 1991; June 7, 1994, effective Oct. 1, 1994; June 5, 1996, effective Jan. 1, 1997; Dec. 10, 1996, effective July 1, 1997; Nov. 12, 2003, effective Jan. 1, 2004; May 8, 2007, effective July 1, 2007; April 21, 2011, effective May 1, 2011.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 600. JUDGMENT Md. Rule 2-646 (2012) Rule 2-646. Garnishment of wages (a) Applicability. This Rule governs garnishment of wages under Code, Commercial Law Article, 15-601 through 15-606. (b) Issuance of writ. The judgment creditor may obtain issuance of a writ of garnishment by filing in the same action in which the judgment was obtained a request that contains (1) the caption of the action, (2) the amount owed under the judgment, (3) the name and last known address of the judgment debtor, and (4) the name and address of the garnishee. Upon filing of the request, the clerk shall issue a writ of garnishment directed to the garnishee together with a blank answer form provided by the clerk. (c) Content. The writ of garnishment shall: (1) contain the information in the request, the name and address of the person requesting the writ, and the date of issue, (2) notify the garnishee of the time within which the answer must be filed and that failure to do so may result in the garnishee being held in contempt, (3) notify the judgment debtor and garnishee that federal and state exemptions may be available, (4) notify the judgment debtor of the right to contest the garnishment of wages by filing a motion asserting a defense or objection. (d) Service. The writ and answer form shall be served on the garnishee in the manner provided by Chapter 100 of this Title for service of process to obtain personal jurisdiction and may be served in or outside the county. Upon issuance of the writ, a copy of the writ shall be mailed to the debtor's last known address. Subsequent pleadings and papers shall be served on the creditor, debtor, and garnishee in the manner provided by Rule 1-321. (e) Response of garnishee and debtor. The garnishee shall file an answer within the time provided by Rule 2-321. The answer shall state whether the debtor is an employee of the garnishee and, if

so, the rate of pay and the existence of prior liens. The garnishee may assert any defense that the garnishee may have to the garnishment, as well as any defense that the debtor could assert. The debtor may file a motion at any time asserting a defense or objection. (f) When no answer filed. If the garnishee fails to file a timely answer, the court on motion of the creditor may order the garnishee to show caused why the garnishee should not be held in contempt and required to pay reasonable attorney's fees and costs. (g) When answer filed. If the answer denies employment, the clerk shall dismiss the proceeding against the garnishee unless the creditor files a request for hearing within 15 days after service of the answer. If the answer asserts any other defense or if the debtor files a motion asserting a defense or objection, a hearing on the matter shall be scheduled promptly. (h) Interrogatories to garnishee. Interrogatories may be served on the garnishee by the creditor in accordance with Rule 2-645 (h). (i) Withholding and remitting of wages. While the garnishment is in effect, the garnishee shall withhold all garnishable wages payable to the debtor. If the garnishee has asserted a defense or is notified that the debtor has done so, the garnishee shall remit the withheld wages to the court. Otherwise, the garnishee shall remit them to the creditor or the creditor's attorney within 15 days after the close of the debtor's last pay period in each month. The garnishee shall notify the debtor of the amount withheld each pay period and the method used to determine the amount. If the garnishee is served with more than one writ for the same debtor, the writs shall be satisfied in the order in which served. (j) Duties of the creditor. (1) Payments received by the creditor shall be credited first against accrued interest on the unpaid balance of the judgment, then against the principal amount of the judgment, and finally against attorney's fees and costs assessed against the debtor. (2) Within 15 days after the end of each month in which one or more payments are received from any source by the creditor for the account of the debtor, the creditor shall mail to the garnishee and to the debtor a statement disclosing the payments and the manner in which they were credited. The statement shall not be filed in court, but creditor shall retain a copy of each statement until 90 days after the termination of the garnishment proceeding and make it available for inspection upon request by any party or by the court. (3) If the creditor fails to comply with the provisions of this section, the court upon motion may dismiss the garnishment proceeding and order the creditor to pay reasonable attorney's fees and costs to the party filing the motion. (k) Termination of garnishment. A garnishment of wages terminates 90 days after cessation of employment unless the debtor is reemployed by the garnishee during that period.

HISTORY: (Amended Nov. 20, 1984, effective Jan. 1, 1985; June 7, 1994, effective Oct. 1, 1994; Oct. 5, 1999.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 600. JUDGMENT Md. Rule 2-647 (2012) Rule 2-647. Enforcement of judgment awarding possession Upon the written request of the holder of a judgment awarding possession of property, the clerk shall issue a writ directing the sheriff to place that party in possession of the property. The request shall be accompanied by instructions to the sheriff specifying (a) the judgment, (b) the property and its location, and (c) the party to whom the judgment awards possession. The clerk shall transmit the writ and the instructions to the sheriff. When a judgment awards possession of property or the payment of its value, in the alternative, the instructions shall also specify the value of the property, and the writ shall direct the sheriff to levy upon real or personal property of the judgment debtor to satisfy the judgment if the specified property cannot be found. When the judgment awards possession of real property located partly in the county where the judgment is entered and partly in an adjoining county, the sheriff may execute the writ as to all of the property. HISTORY: (Amended Apr. 7, 1986, effective July 1, 1986.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 600. JUDGMENT Md. Rule 2-648 (2012) Rule 2-648. Enforcement of judgment prohibiting or mandating action (a) Generally. When a person fails to comply with a judgment prohibiting or mandating action, the court may order the seizure or sequestration of property of the noncomplying person to the extent necessary to compel compliance with the judgment and, in appropriate circumstances, may hold the person in contempt pursuant to Rules 15-206 and 15-207. When a person fails to comply with a judgment mandating action, the court may direct that the act be performed by some other person appointed by the court at the expense of the person failing to comply. When a person fails to comply with a judgment mandating the payment of money, the court may also enter a money judgment to the extent of any amount due. (b) Against transferee of property. If property is transferred in violation of a judgment prohibiting or mandating action with respect to that property, and the property is in the hands of a transferee, the court may issue a subpoena for the transferee. If the court finds that the transferee had actual notice of the judgment at the time of the transfer, the transferee shall be subject to the sanctions provided for in section (a) of this Rule. If the court finds that the transferee did not have actual notice, the court may enter an order upon such terms and conditions as justice may require.

HISTORY: (Amended Apr. 7, 1986, effective July 1, 1986; June 5, 1996, effective Jan. 1, 1997; July 23, 1997; Nov. 12, 2003, effective Jan. 1, 2004.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 600. JUDGMENT Md. Rule 2-649 (2012) Rule 2-649. Charging order (a) Issuance of order. Upon the written request of a judgment creditor of a partner, the court where the judgment was entered or recorded may issue an order charging the partnership interest of the judgment debtor with payment of all amounts due on the judgment. The court may order such other relief as it deems necessary and appropriate, including the appointment of a receiver for the judgment debtor's share of the partnership profits and any other money that is or becomes due to the judgment debtor by reason of the partnership interest. (b) Service. The order shall be served on the partnership in the manner provided by Chapter 100 of this Title for service of process to obtain personal jurisdiction. The order may be served in or outside the county. Promptly after service of the order upon the partnership, the person making service shall mail a copy of the request and order to the judgment debtor's last known address. Proof of service and mailing shall be filed as provided in Rule 2-126. Subsequent pleadings and papers shall be served on the creditor, debtor, and partnership in the manner provided by Rule 1321. HISTORY: (Amended Nov. 9, 1994, effective Jan. 1, 1995; Nov. 12, 2003, effective Jan. 1, 2004.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 600. JUDGMENT Md. Rule 2-651 (2012) Rule 2-651. Ancillary relief in aid of enforcement Upon motion and proof of service, a court in which a judgment has been entered or recorded may order such relief regarding property subject to enforcement of the judgment as may be deemed necessary and appropriate to aid enforcement of the judgment pursuant to these rules, including an order (a) to any person enjoining the destruction, alteration, transfer, removal, conveyance, assignment, or other disposition of such property, (b) to any person enjoining the negotiation, transfer, assignment, or other disposition of a document representing an interest in such property, (c) to any person directing the disclosure to the sheriff of the whereabouts of such property, (d) to any person directing that any such property which has been removed from the jurisdiction, concealed, or made inaccessible for the purpose of avoiding levy be delivered to the sheriff or made available for levy, (e) to any person directing the surrender to the sheriff of such property

located in that state, and (f) to the sheriff of any county where such property is located directing the sheriff to take physical possession of and sequester such property. The motion shall be served on the person against whom the order is sought in the manner provided by Chapter 100 of this Title for service of process to obtain personal jurisdiction and if that person is not the judgment debtor, a copy of the motion shall be mailed to the judgment debtor's last known address. MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 600. JUDGMENT Md. Rule 2-652 (2012) Rule 2-652. Enforcement of attorney's liens (a) Retaining lien. Except as otherwise provided by the Maryland Lawyers' Rules of Professional Conduct, an attorney who has a common-law retaining lien for legal services rendered to a client may assert the lien by retaining the papers of the client in the possession of the attorney until the attorney's claim is satisfied. Cross references. -- Maryland Lawyers' Rules of Professional Conduct 1.8, 1.15, and 1.16. (b) Statutory lien. An attorney who has a lien under Code, Business Occupations and Professions Article, 10-501, may assert the lien by serving a written notice by certified mail or personal delivery upon the client and upon each person against whom the lien is to be enforced. The notice shall claim the lien, state the attorney's interest in the action, proceeding, settlement, judgment, or award, and inform the client or other person to hold any money payable or property passing to the client relating to the action, proceeding, settlement, judgment, or award. Cross references. -- Code, Business Occupations and Professions Article, 10-501(d). (c) Adjudication of rights and lien disputes. (1) When a circuit court action has been filed. If a lien asserted pursuant to this Rule relates to an action that has been filed in a circuit court of this State, on motion filed by the attorney, the attorney's client in the action, or any person who has received a notice pursuant to section (b) of this Rule, the court shall adjudicate the rights of the parties in relation to the lien, including the attorney's entitlement to a lien, any dispute as to the papers subject to a lien under section (a) of this Rule, and the amount of the attorney's claim. (2) When no circuit court action has been filed. If a lien is asserted pursuant to this Rule and a related action has not been filed in a circuit court of this State, the attorney, the attorney's client, or any person who has received a notice pursuant to section (b) of this Rule may file a complaint with a circuit court to adjudicate the rights of the parties in relation to the lien, including the attorney's entitlement to a lien, any dispute as to the papers subject to a lien under section (a) of this Rule, and the amount of the attorney's claim. Cross references. -- For venue of a complaint filed pursuant to this section, see Code, Courts

Article, 6-201 -- 203. HISTORY: (Added Sept. 11, 1995, effective Jan. 1, 1996; amended Oct. 31, 2002, effective Jan. 1, 2003; Feb. 8, 2005, effective July 1, 2005; May 8, 2007, effective July 1, 2007.) TITLE 3. CIVIL PROCEDURE -- DISTRICT COURT CHAPTER 100. COMMENCEMENT OF ACTION AND PROCESS MARYLAND RULES TITLE 3. CIVIL PROCEDURE -- DISTRICT COURT CHAPTER 100. COMMENCEMENT OF ACTION AND PROCESS Md. Rule 3-101 (2012) Rule 3-101. Commencement of action (a) Generally. A civil action is commenced by filing a complaint with a court. (b) After certain dismissals by a United States District Court or a court of another state. Except as otherwise provided by statute, if an action is filed in a United States District Court or a court of another state within the period of limitations prescribed by Maryland law and that court enters an order of dismissal (1) for lack of jurisdiction, (2) because the court declines to exercise jurisdiction, or (3) because the action is barred by the statute of limitations required to be applied by that court, an action filed in the District Court of Maryland within 30 days after the entry of the order of dismissal shall be treated as timely filed in this State. Cross references. -- Code, Courts Article, 5-115. (c) After dismissal by the circuit court for lack of subject matter jurisdiction. If an action is filed in the circuit court within the period of limitations prescribed by Maryland law and the circuit court dismisses the action for lack of subject matter jurisdiction, an action filed in the District Court of Maryland within 30 days after the entry of the order of dismissal shall be treated as timely filed in the District Court. HISTORY: (Amended May 14, 1992, effective July 1, 1992; Nov. 12, 2003, effective Jan. 1, 2004.) MARYLAND RULES TITLE 3. CIVIL PROCEDURE -- DISTRICT COURT CHAPTER 100. COMMENCEMENT OF ACTION AND PROCESS Md. Rule 3-102 (2012) Rule 3-102. Trial date and time (a) Fixed by clerk. Upon the filing of the complaint, the clerk shall fix the date and time for trial of the action. When the notice of intention to defend is due within 15 days after service, the original trial date shall be not less than 60 days after the complaint was filed. When the notice of intention to defend is due within 60 days after service, the original trial date shall be not less than

90 days after the complaint was filed. With leave of court, an action may be tried sooner than on the date originally fixed. Cross references. -- See Rule 3-307 concerning the time for filing a notice of intention to defend. (b) Reassignment. Subject to section (c) of this Rule, when service of process is not made and the summons becomes dormant pursuant to Rule 3-113, the clerk shall cancel the assigned trial date. If the summons is renewed pursuant to Rule 3-113, the clerk shall assign a new trial date and shall notify the plaintiff of the reassignment. (c) Multiple defendants. When multiple defendants are joined in the action and one or more, but not all, are served, the action shall be tried as to those served on the assigned trial date unless continued pursuant to Rule 3-508. HISTORY: (Amended Nov. 12, 2003, effective Jan. 1, 2004.) MARYLAND RULES TITLE 3. CIVIL PROCEDURE -- DISTRICT COURT CHAPTER 100. COMMENCEMENT OF ACTION AND PROCESS Md. Rule 3-111 (2012) Rule 3-111. Process -- Requirements preliminary to summons (a) Copies to be furnished. For each summons to be issued the plaintiff shall furnish the clerk a copy of the complaint and a copy of each exhibit or other paper filed with the complaint. (b) Instructions for the sheriff. A person requesting service of process by the sheriff shall furnish to the clerk all available information as to the name and location, including the county where service is to be made, of the person to be served. The information required by this section may be included in the caption of the case. MARYLAND RULES TITLE 3. CIVIL PROCEDURE -- DISTRICT COURT CHAPTER 100. COMMENCEMENT OF ACTION AND PROCESS Md. Rule 3-112 (2012) Rule 3-112. Process -- Issuance of summons (a) Summons. Upon the filing of the complaint, the clerk shall issue forthwith a summons for each defendant and, as directed by the plaintiff, shall either deliver it, together with a copy of each paper filed, to the plaintiff or to the sheriff or mail it to the defendant by certified mail pursuant to Rule 3-121. Upon request of the plaintiff, more than one summons shall issue for a defendant. (b) Delivery to another county. When process is to be served by the sheriff of another county, the clerk may send the process to that sheriff for service. If a party requests personal delivery of the process at that party's expense to the sheriff of another county, the clerk shall furnish the process to

a person designated by the party and approved by the clerk to make delivery. HISTORY: (Amended Nov. 12, 2003, effective Jan. 1, 2004.) MARYLAND RULES TITLE 3. CIVIL PROCEDURE -- DISTRICT COURT CHAPTER 100. COMMENCEMENT OF ACTION AND PROCESS Md. Rule 3-113 (2012) Rule 3-113. Process -- Duration, dormancy, and renewal of summons A summons is effective for service only if served within 30 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. MARYLAND RULES TITLE 3. CIVIL PROCEDURE -- DISTRICT COURT CHAPTER 100. COMMENCEMENT OF ACTION AND PROCESS Md. Rule 3-114 (2012) Rule 3-114. Process -- Content (a) Generally. All process shall be under the seal of the court and signed by the clerk. (b) Summons. A summons shall contain (1) the name of the court and the assigned docket reference, (2) the name and address of the party requesting the summons, (3) the name and address of the person to be served as set forth in the complaint, (4) the date of issue, (5) the time within which it must be served, (6) the assigned trial date, (7) the time within which the defendant must file a notice of intention to defend, (8) notification to the defendant that failure to file the notice of intention to defend within the time allowed may result in a judgment by default or the granting of the relief sought, and (9) the time within which the return of service shall be made. MARYLAND RULES TITLE 3. CIVIL PROCEDURE -- DISTRICT COURT CHAPTER 100. COMMENCEMENT OF ACTION AND PROCESS Md. Rule 3-115 (2012) Rule 3-115. Attachment before judgment (a) Request for writ. At the time of filing a complaint commencing an action or while the action is pending, a plaintiff entitled by statute to attachment before judgment may file a request for an order directing the issuance of a writ of attachment for levy or garnishment of property or credits of the defendant. The request may be made ex parte. The plaintiff shall file with the request an affidavit verifying the facts set forth in the complaint and stating the grounds for entitlement to the writ. The request and affidavit need not be served pursuant to Rule 1-321 at the time of filing.

Cross references. -- Code, Courts Art. 3-302, 3-303, 3-304, 3-305. (b) Single action. The request for the writ of attachment shall be filed in the same action as the complaint. The complaint and the request for the writ of attachment and all further proceedings shall constitute a single action and shall be docketed accordingly. Committee note. -- This section abolishes a former practice of having two separate cases, the "short note case" and the "attachment case." (c) Proceedings on request for writ. The court shall review the complaint, any exhibits, and the supporting affidavit. The court may require the plaintiff to supplement or explain any of the matters set forth in the documents or to provide further information regarding the property to be attached. If the court determines that the plaintiff is entitled to the writ of attachment, it shall order issuance of the writ conditioned on the filing of a bond by the plaintiff for the satisfaction of all costs and damages that may be awarded the defendant or a claimant of the property by reason of the attachment. The order shall prescribe the amount and security of the bond. (d) Issuance of writ. Upon entry of the order and the filing of the bond, the clerk shall issue one or more writs of attachment and shall attach to each writ a copy of the supporting affidavit filed with the request. When the writ directs a levy on the property of the defendant, the procedure shall be in accordance with Rules 3-641 and 3-642. When the writ directs a garnishment of property or credits of the defendant, the procedure shall be in accordance with Rule 3-645, except that no judgment shall be entered against the garnishee until a judgment is entered for the plaintiff on the claim. In applying Rules 3-641, 3-642, and 3-645, the plaintiff shall be treated as a judgment creditor and the defendant shall be treated as a judgment debtor, and a statement of the amount of the plaintiff's claim shall be treated as a statement of the amount owed under the judgment. (e) Notice of lien of attachment. When real property is attached, upon the filing of the return by the sheriff the clerk shall file a Notice of Lien marked "Attachment Before Judgment on Real Property." The notice shall contain (1) the name of each plaintiff, (2) the name and address of each defendant, (3) the assigned docket reference of the action, and (4) the name of the county in which the action was commenced. When the real property attached is located in Baltimore City, the Notice of Lien shall be filed with the clerk of the District Court sitting in Baltimore City and shall constitute a lien on the property when recorded among the judgment records of that court. When the real property is located outside of Baltimore City, the Notice of Lien shall be filed with the clerk of the circuit court for the county in which the property is located and shall constitute a lien on the property when entered by the clerk of the circuit court. If the attachment is dissolved, released, or otherwise modified, the clerk shall transmit a certified notice of that action to each clerk with whom a Notice of Lien was filed. (f) Proceedings on complaint. If the request for the writ of attachment accompanies the complaint, the clerk shall issue a summons pursuant to Rule 3-112 upon the filing of the complaint. If the whereabouts of the defendant are unknown or the summons is not served despite reasonable efforts

to effect service and if the defendant does not voluntarily appear, the plaintiff may seek an order of publication pursuant to Rule 2-122 for in rem jurisdiction. The court may provide for additional notice to the defendant by any means it deems appropriate. (g) Dissolution of attachment for lack of service. An attachment made before service of original process dissolves 60 days after making the levy or serving the garnishee unless before that time the summons is served upon the defendant or first publication is made pursuant to Rule 2-122, provided that publication is subsequently completed. Upon request made within the initial 60 day period, the court for good cause may extend the attachment for not more than 60 additional days to permit service to be made or publication commenced pursuant to this section. (h) Release of property or dissolution of attachment. A defendant who has appeared may obtain release of the attached property by posting a bond in an amount equal to the value of the property, as determined by the court, or in the amount of the plaintiff's claim, whichever is less, conditioned upon satisfaction of any judgment that may be recovered. Upon motion of a defendant who has appeared, the court may release some or all of the attached property if it finds that (1) the complaint has been dismissed or settled, (2) the plaintiff has failed to comply with the provisions of this Rule or an order of court regarding these proceedings, (3) the plaintiff fails to demonstrate the probability of success on the merits, (4) property of sufficient value to satisfy the claim and probable costs will remain subject to the attachment after the release, or (5) the attachment of the specific property will cause undue hardship to the defendant and the defendant has delivered to the sheriff or made available for levy alternative property sufficient in value to satisfy the claim and probable costs. Upon motion of a defendant or garnishee, the court may release some or all of the attached property on the ground that by law the property is automatically exempt from attachment without the necessity of election or it may dissolve the attachment on the ground that the plaintiff is not entitled to attachment before judgment. If the motion is filed before the defendant's notice of intention to defend is due pursuant to Rule 3-307, its filing shall be treated as an appearance for that purpose only. A party desiring a hearing on a motion filed pursuant to this section shall so request pursuant to Rule 3-311 (e) and, if requested, a hearing shall be held promptly. (i) Claim of property by third person. When attached property is claimed by a person other than the defendant, the claimant may proceed pursuant to Rule 3-643 (e). (j) Retention of levied or garnished property. All property and funds coming into the possession of the sheriff by virtue of an attachment shall be retained during the pendency of the action unless otherwise directed by the court. At the request of either party, the court may direct the sale or other disposition of any perishable property upon such terms and conditions as it deems just. (k) Judgment for defendant. If judgment is entered for the defendant, the court shall dissolve the attachment. On motion, the court shall then assess and enter judgment for any damages sustained by the defendant by reason of the attachment. (l) Judgment for plaintiff. If personal jurisdiction was not obtained over the defendant, any

judgment for the plaintiff shall be an in rem judgment against the attached property, and entry and satisfaction of the judgment will not bar further pursuit of the plaintiff's claim in the same or another action for any unpaid balance. When judgment is entered for the plaintiff, any funds paid to or collected by the sheriff and the proceeds of any pre-judgment sales of attached property shall be applied toward satisfaction of the judgment and the court shall order the sale of any other attached property to the extent necessary to satisfy the judgment. If personal jurisdiction was obtained over the defendant, the plaintiff may enforce the judgment as provided in Chapter 600 to the extent it remains unsatisfied after application of the proceeds from the attachment. HISTORY: (Amended Apr. 7, 1986, effective July 1, 1986; July 16, 1992; Oct. 31, 2002, effective Jan. 1, 2003.) MARYLAND RULES TITLE 3. CIVIL PROCEDURE -- DISTRICT COURT CHAPTER 100. COMMENCEMENT OF ACTION AND PROCESS Md. Rule 3-121 (2012) Rule 3-121. Process -- Service -- In personam (a) Generally. Service of process may be made within this State or, when authorized by the law of this State, outside of this State (1) by delivering to the person to be served a copy of the summons, complaint, and all other papers filed with it; (2) if the person to be served is an individual, by leaving a copy of the summons, complaint, and all other papers filed with it at the individual's dwelling house or usual place of abode with a resident of suitable age and discretion; or (3) by mailing to the person to be served a copy of the summons, complaint, and all other papers filed with it by certified mail requesting: "Restricted Delivery -- show to whom, date, address of delivery." Service by certified mail under this Rule is complete upon delivery. Service outside of the State may also be made in the manner prescribed by the court or prescribed by the foreign jurisdiction if reasonably calculated to give actual notice. (b) Evasion of service. When proof is made by affidavit that a defendant has acted to evade service, the court may order that service be made by mailing a copy of the summons, complaint, and all other papers filed with it to the defendant at the defendant's last known residence and delivering a copy of each to a person of suitable age and discretion at the place of business of the defendant. (c) By order of court. When proof is made by affidavit that good faith efforts to serve the defendant pursuant to section (a) of this Rule have not succeeded and that service pursuant to section (b) of this Rule is inapplicable or impracticable, the court may order any other means of service that it deems appropriate in the circumstances and reasonably calculated to give actual notice. (d) Methods not exclusive. The methods of service provided in this Rule are in addition to and not exclusive of any other means of service that may be provided by statute or rule for obtaining jurisdiction over a defendant.

HISTORY: (Amended Oct. 5, 1999; Nov. 12, 2003, effective Jan. 1, 2004.) MARYLAND RULES TITLE 3. CIVIL PROCEDURE -- DISTRICT COURT CHAPTER 100. COMMENCEMENT OF ACTION AND PROCESS Md. Rule 3-123 (2012) Rule 3-123. Process -- By whom served (a) Generally. Service of process may be made by a sheriff or, except as otherwise provided in this Rule, by a competent private person, 18 years of age or older, including an attorney of record, but not by a party to the action. (b) Sheriff. All process requiring execution other than delivery, mailing, or publication shall be executed by the sheriff of the county where execution takes place, unless the court orders otherwise. (c) Elisor. When the sheriff is a party to or interested in an action so as to be disqualified from serving or executing process, the court, on application of any interested party, may appoint an elisor to serve or execute the process. The appointment shall be in writing, signed by a judge, and filed with the clerk issuing the process. The elisor has the same power as the sheriff to serve or execute the process for which the elisor was appointed and is entitled to the same fees. MARYLAND RULES TITLE 3. CIVIL PROCEDURE -- DISTRICT COURT CHAPTER 100. COMMENCEMENT OF ACTION AND PROCESS Md. Rule 3-124 (2012) Rule 3-124. Process -- Persons to be served (a) Statutes not abrogated. The provisions of this Rule do not abrogate any statute permitting or requiring service on a person. Committee note. -- Examples of statutes permitting or requiring service on a person include the Maryland Tort Claims Act, Code, State Government Article, 12-108 (a) (service of a complaint is sufficient only when made upon the Treasurer of the State); Code, Insurance Article, 4-107 (service on certain insurance companies is effected by serving the Insurance Commissioner); Code, Business Regulation Article, 4-402 (service on a non-resident "athlete agent" is effected by serving the Secretary of Labor, Licensing, and Regulation); Code, Business Regulation Article, 6202 (service on certain nonresident charitable organizations is effected by serving the Secretary of State); and Code, Courts Article, 3-405 (notice to the Attorney General is required immediately after a declaratory judgment action is filed alleging that a statute, municipal or county ordinance, or franchise is unconstitutional). (b) Individual. Service is made upon an individual by serving the individual or an agent authorized

by appointment or by law to receive service of process for the individual. (c) Individual under disability. Service is made upon an individual under disability by serving the individual and, in addition, by serving the parent, guardian, or other person having care or custody of the person or estate of the individual under disability. (d) Corporation. Service is made upon a corporation, incorporated association, or joint stock company by serving its resident agent, president, secretary, or treasurer. If the corporation, incorporated association, or joint stock company has no resident agent or if a good faith attempt to serve the resident agent, president, secretary, or treasurer has failed, service may be made by serving the manager, any director, vice president, assistant secretary, assistant treasurer, or other person expressly or impliedly authorized to receive service of process. (e) General partnership. Service made upon a general partnership sued in its group name in an action pursuant to Code, Courts Article, 6-406 by serving any general partner. (f) Limited partnership. Service is made upon a limited partnership by serving its resident agent. If the limited partnership has no resident agent or if a good faith attempt to serve the resident agent has failed, service may be made upon any general partner or other person expressly or impliedly authorized to receive service of process. (g) Limited liability partnership. Service is made upon a limited liability partnership by serving its resident agent. If the limited liability partnership has no resident agent or if a good faith attempt to serve the resident agent has failed, service may be made upon any other person expressly or impliedly authorized to receive service of process. (h) Limited liability company. Service is made upon a limited liability company by serving its resident agent. If the limited liability company has no resident agent or if a good faith attempt to serve the resident agent has failed, service may be made upon any member or other person expressly or impliedly authorized to receive service of process. (i) Unincorporated association. Service is made upon an unincorporated association sued in its group name pursuant to Code, Courts Article, 6-406 by serving any officer or member of its governing board. If there are no officers or if the association has no governing board, service may be made upon any member of the association. (j) State of Maryland. Service is made upon the State of Maryland by serving the Attorney General or an individual designated by the Attorney General in a writing filed with the Clerk of the Court of Appeals. In any action attacking the validity of an order of an officer or agency of this State not made a party, the officer or agency shall also be served. (k) Officer or agency of the State of Maryland. Service is made on an officer or agency of the State ofMaryland by serving (1) the resident agent designated by the officer or agency, or (2) the Attorney General or an individual designated by the Attorney General in a writing filed with the Clerk of the Court of Appeals. If service is made on the Attorney General or a designee of the Attorney General and the officer or agency is not ordinarily represented by the Attorney General,

the Attorney General or designee promptly shall forward the process and papers to the appropriate officer or agency. Committee note. -- This section does not purport to create a tort duty by directing the Attorney General to forward process and papers. See Erie Ins. Co. v. Chops, 322 Md. 79 (1991). Nor does this section obviate the need for personal service in accordance with section (b) of this Rule on an officer sued in the officer's individual capacity. Cross references. -- See Code, State Government Article, 6-109, which requires that a State agency not represented by the Attorney General file with the State Department of Assessments and Taxation a designation of its resident agent. (l) Local entity. Service is made on a county, municipal corporation, bicounty or multicounty agency, public authority, special taxing district, or other political subdivision or unit of a political subdivision of the State by serving the resident agent designated by the local entity. If the local entity has no resident agent or if a good faith effort to serve the resident agent has failed, service may be made by serving the chief executive or presiding officer or, if there is no chief executive or presiding officer, by serving any member of the governing body. Cross references. -- See Code, Article 24, 1-110 concerning a local entity's designation of a resident agent by filing with the State Department of Assessments and Taxation. (m) United States. Service is made upon the United States by serving the United States Attorney for the District of Maryland or an individual designated by the United States Attorney in a writing filed with the Chief Clerk of the court and by serving the Attorney General of the United States at Washington, District of Columbia. In any action attacking the validity of an order of an officer or agency of the United States not made a party, the officer or agency shall also be served. (n) Officer or agency of the United States. Service is made upon an officer or agency of the United States, including a government corporation, by serving the United States and by serving the officer or agency. (o) Substituted service upon State Department of Assessments and Taxation. Service may be made upon a corporation, limited partnership, limited liability partnership, limited liability company, or other entity required by statute of this State to have a resident agent by serving two copies of the summons, complaint, and all other papers filed with it, together with the requisite fee, upon the State Department of Assessments and Taxation if (i) the entity has no resident agent; (ii) the resident agent is dead or is no longer at the address for service of process maintained with the State Department of Assessments and Taxation; or (iii) two good faith attempts on separate days to serve the resident agent have failed. HISTORY: (Amended Nov. 19, 1987, effective July 1, 1988; June 7, 1994, effective Oct. 1, 1994; Jan. 10, 1995, effective Feb. 1, 1995; Apr. 9, 2002, effective July 1, 2002; Nov. 12, 2003, effective Jan. 1, 2004.)

MARYLAND RULES TITLE 3. CIVIL PROCEDURE -- DISTRICT COURT CHAPTER 100. COMMENCEMENT OF ACTION AND PROCESS Md. Rule 3-125 (2012) Rule 3-125. Process -- Service on Sundays and holidays Process may be served on a Sunday or holiday, except that a writ of distraint or for eviction or possession shall not be served on Sunday. HISTORY: (Amended Dec. 10, 1996, effective Jan. 1, 1997.) MARYLAND RULES TITLE 3. CIVIL PROCEDURE -- DISTRICT COURT CHAPTER 100. COMMENCEMENT OF ACTION AND PROCESS Md. Rule 3-126 (2012) Rule 3-126. Process -- Return (a) Service by delivery or mail. An individual making service of process by delivery or mailing shall file proof of the service with the court promptly and in any event within the time during which the person served must respond to the process. (1) If service is by delivery, the proof shall set forth the name of the person served, the date, and the particular place and manner of service. If service is made under Rule 3-121 (a)(2), the proof also shall set forth a description of the individual served and the facts upon which the individual making service concluded that the individual served is of suitable age and discretion. (2) If service is made by an individual other than a sheriff or clerk, the individual shall file proof under affidavit that includes the name, address, and telephone number of the affiant and a statement that the affiant is of the age of 18 or over. If service by certified mail is made by a person other than the clerk, the proof shall include the original return receipt. (3) If service by certified mail is made by the clerk, the receipt returned through the Post Office shall be promptly filed by the clerk as proof of service. (b) Service by publication or posting. Promptly and in any event within the time during which the person notified must respond, an individual making service of process pursuant to Rule 2-122 shall file with the court (1) the name, address, and telephone number of the individual making service, (2) proof of compliance with the Rule, and (3) a copy of the publication or posting notice. The certificate of the publisher constitutes proof of publication. (c) Other process. When process requires for its execution a method other than or in addition to delivery or mailing, or publication or posting pursuant to Rule 2-122, the return shall be filed in the

manner prescribed by rule or law promptly after execution of the process. (d) Service not made. An individual unable to make service of process in accordance with these rules shall file a return as soon thereafter as practicable and in no event later than ten days following the termination of the validity of the process. (e) Return to include process. A return shall include a copy of the process if served or the original process if not served. Committee note. -- Rule 1-202 defines "process" as "any written order issued by a court to secure compliance with its commands or to require action by any person and includes a summons, subpoena, an order of publication, a commission or other writ." (f) Place of return. In every instance the return shall be filed with the court issuing process. In addition, when a writ of attachment, a writ of execution, or any other writ against property is executed in another county, a return shall be filed with the court of that county. (g) Effect of failure to make proof of service. Failure to make proof of service does not affect the validity of the service. HISTORY: (Amended Nov. 12, 2003, effective Jan. 1, 2004; amended Nov. 8, 2005, effective Jan. 1, 2006; May 8, 2007, effective July 1, 2007.) MARYLAND RULES TITLE 3. CIVIL PROCEDURE -- DISTRICT COURT CHAPTER 100. COMMENCEMENT OF ACTION AND PROCESS Md. Rule 3-131 (2012) Rule 3-131. Appearance (a) By an attorney or in proper person. Except as otherwise provided by rule or statute: (1) an individual may enter an appearance by an attorney or in proper person and (2) a person other than an individual may enter an appearance only by an attorney. (b) How entered. An appearance may be entered by filing a pleading, motion, or notice of intention to defend, by filing a written request for the entry of an appearance, or, if the court permits, by orally requesting the entry of an appearance in open court. (c) Effect. The entry of an appearance is not a waiver of the right to assert any defense in accordance with these rules. Special appearances are abolished. HISTORY: (Amended Nov. 9, 1994, effective Jan. 1, 1995; Jan. 20, 1999, effective July 1, 1999; Feb. 10, 2009, effective May 1, 2009; June 7, 2011, effective July 1, 2011.) MARYLAND RULES TITLE 3. CIVIL PROCEDURE -- DISTRICT COURT CHAPTER 100. COMMENCEMENT OF ACTION AND PROCESS

Md. Rule 3-132 (2012) Rule 3-132. Striking of attorney's appearance (a) By notice. When the client has another attorney of record, an attorney may withdraw an appearance by filing a notice of withdrawal. (b) By motion. When the client has no other attorney of record, an attorney wishing to withdraw an appearance shall file a motion to withdraw. Except when the motion is made in open court, the motion shall be accompanied by the client's written consent to the withdrawal or the moving attorney's certificate that notice has been mailed to the client at least five days prior to the filing of the motion, informing the client of the attorney's intention to move for withdrawal and advising the client to have another attorney enter an appearance or to notify the clerk in writing of the client's intention to proceed in proper person. Unless the motion is granted in open court, the court may not order the appearance stricken before the expiration of the time prescribed by Rule 3-311 for requesting a hearing. The court may deny the motion if withdrawal of the appearance would cause undue delay, prejudice, or injustice. (c) Automatic termination of appearance. When no appeal has been taken from a final judgment, the appearance of an attorney is automatically terminated upon the expiration of the appeal period unless the court, on its own initiative or on motion filed prior to the automatic termination, orders otherwise. CHAPTER 200. PARTIES MARYLAND RULES TITLE 3. CIVIL PROCEDURE -- DISTRICT COURT CHAPTER 200. PARTIES Md. Rule 3-201 (2012) Rule 3-201. Real party in interest Every action shall be prosecuted in the name of the real party in interest, except that an executor, administrator, personal representative, guardian, bailee, trustee of an express trust, person with whom or in whose name a contract has been made for the benefit of another, receiver, trustee of a bankrupt, assignee for the benefit of creditors, or a person authorized by statute or rule may bring an action without joining the persons for whom the action is brought. When a statute so provides, an action for the use or benefit of another shall be brought in the name of the State of Maryland. No action shall be dismissed on the ground that it is not prosecuted in the name of the real party in interest until a reasonable time has been allowed after objection for joinder or substitution of the real party in interest. The joinder or substitution shall have the same effect as if the action had been commenced in the name of the real party in interest. HISTORY: (Amended Nov. 12, 2003, effective Jan. 1, 2004; May 8, 2007, effective July 1, 2007.)

MARYLAND RULES TITLE 3. CIVIL PROCEDURE -- DISTRICT COURT CHAPTER 200. PARTIES Md. Rule 3-202 (2012) Rule 3-202. Capacity (a) Generally. Applicable substantive law governs the capacity to sue or be sued of an individual, a corporation, a person acting in a representative capacity, an association, or any other entity. (b) Suits by individuals under disability. An individual under disability to sue may sue by a guardian or other like fiduciary or, if none, by next friend, subject to any order of court for the protection of the individual under disability. When a minor is in the sole custody of one of its parents, that parent has the exclusive right to sue on behalf of the minor for a period of one year following the accrual of the cause of action, and if the custodial parent fails to institute suit within the one year period, any person interested in the minor shall have the right to institute suit on behalf of the minor as next friend upon first mailing notice to the last known address of the custodial parent. (c) Settlement of suits on behalf of minors. A next friend who files an action for the benefit of a minor may settle the claim in accordance with this subsection. If the next friend is not a parent or person in loco parentis of the child, the settlement is not effective unless approved by each living parent or person in loco parentis.If (1) both parents are dead and there is no person in loco parentis of the child or (2) one of the parents does not approve the settlement, the settlement is not effective unless approved by the court in which the suit is pending. Approval may be granted only on verified application by the next friend, stating the facts of the case and why the settlement is in the best interest of the child. Cross references. -- For settlement of suits on behalf of minors, see Code, Courts Article, 6-405. For settlement of a claim not in suit asserted by a parent or person in loco parentis under a liability insurance policy, see Code, Insurance Article, 19-113. (d) Suits against individuals under disability. In a suit against an individual under disability, the guardian or other like fiduciary, if any, shall defend the action. The court shall order any guardian or other fiduciary in its jurisdiction who fails to comply with this section to defend the individual as required. If there is no such guardian or other fiduciary, the court shall appoint an attorney to represent and defend the individual. HISTORY: (Amended Nov. 8, 2005, effective Jan. 1, 2006.) MARYLAND RULES TITLE 3. CIVIL PROCEDURE -- DISTRICT COURT CHAPTER 200. PARTIES Md. Rule 3-211 (2012)

Rule 3-211. Required joinder of parties (a) Persons to be joined. Except as otherwise provided by law, a person who is subject to service of process shall be joined as a party in the action if in the person's absence (1) complete relief cannot be accorded among those already parties, or (2) disposition of the action may impair or impede the person's ability to protect a claimed interest relating to the subject of the action or may leave persons already parties subject to a substantial risk of incurring multiple or inconsistent obligations by reason of the person's claimed interest. The court shall order that the person be made a party if not joined as required by this section. If the person should join as a plaintiff but refuses to do so, the person shall be made either a defendant or, in a proper case, an involuntary plaintiff. (b) Reasons for nonjoinder. A pleading asserting a claim for relief shall state the name, if known to the pleader, of a person meeting the criteria of (1) or (2) of section (a) of this Rule who is not joined and the reason the person is not joined. (c) Effect of inability to join. If a person meeting the criteria of (1) or (2) of section (a) of this Rule cannot be made a party, the court shall determine whether the action should proceed among the parties before it or whether the action should be dismissed. Factors to be considered by the court include: to what extent a judgment rendered in the person's absence might be prejudicial to that person or those already parties; to what extent the prejudice can be lessened or avoided by protective provisions in the judgment or other measures; whether a judgment rendered in the person's absence will be adequate; and finally, whether the plaintiff will have an adequate remedy if the action is dismissed for nonjoinder. HISTORY: (Amended Nov. 12, 2003, effective Jan. 1, 2004.) MARYLAND RULES TITLE 3. CIVIL PROCEDURE -- DISTRICT COURT CHAPTER 200. PARTIES Md. Rule 3-212 (2012) Rule 3-212. Permissive joinder of parties (a) When permitted. All persons may join in one action as plaintiffs if they assert a right to relief jointly, severally, or in the alternative in respect to or arising out of the same transaction, occurrence, or series of transactions or occurrences, and if any question of law or fact common to all these persons will arise in the action. All persons may be joined in one action as defendants if there is asserted against them jointly, severally, or in the alternative any right to relief in respect to or arising out of the same transaction, occurrence, or series of transactions or occurrences, and if any question of law or fact common to all defendants will arise in the action. A plaintiff or defendant need not be interested in obtaining or defending against all relief demanded. Judgment

may be given for one or more of the plaintiffs according to their respective rights to relief and against one or more defendants according to their respective liabilities. (b) Safeguards. The court may make such orders as will prevent a party from being embarrassed, delayed, or put to expense by the inclusion of another who asserts no claim against the party and against whom the party asserts no claim, and may order separate trials or make other orders to prevent delay or prejudice. HISTORY: (Amended Nov. 12, 2003, effective Jan. 1, 2004.) MARYLAND RULES TITLE 3. CIVIL PROCEDURE -- DISTRICT COURT CHAPTER 200. PARTIES Md. Rule 3-213 (2012) Rule 3-213. Misjoinder and nonjoinder of parties Misjoinder of parties is not ground for dismissal of an action. So long as one of the original plaintiffs and one of the original defendants remain as parties to the action, parties may be dropped or added (a) by amendment to a pleading pursuant to Rule 3-341 or (b) by order of the court on motion of any party or on its own initiative at any stage of the action and on such terms as are just. Any claim against a party may be severed and proceeded with separately. HISTORY: (Amended Apr. 7, 1986, effective July 1, 1986; Nov. 12, 2003, effective Jan. 1, 2004.) MARYLAND RULES TITLE 3. CIVIL PROCEDURE -- DISTRICT COURT CHAPTER 200. PARTIES Md. Rule 3-214 (2012) Rule 3-214. Intervention (a) Of right. Upon timely motion, a person shall be permitted to intervene in an action: (1) when the person has an unconditional right to intervene as a matter of law; or (2) when the person claims an interest relating to the property or transaction that is the subject of the action, and the person is so situated that the disposition of the action may as a practical matter impair or impede the ability to protect that interest unless it is adequately represented by existing parties. (b) Permissive. (1) Generally. Upon timely motion a person may be permitted to intervene in an action when the person's claim or defense has a question of law or fact in common with the action. (2) Governmental interest. Upon timely motion the federal government, the State, a political subdivision of the State, or any officer or agency of any of them may be permitted to intervene in

an action when the validity of a constitutional provision, charter provision, statute, ordinance, regulation, executive order, requirement, or agreement affecting the moving party is drawn in question in the action, or when a party to an action relies for ground of claim or defense on such constitutional provision, charter provision, statute, ordinance, regulation, executive order, requirement, or agreement. (3) Considerations. In exercising its discretion the court shall consider whether the intervention will unduly delay or prejudice the adjudication of the rights of the original parties. (c) Procedure. A person desiring to intervene shall file and serve a motion to intervene. The motion shall state the grounds therefor and shall be accompanied by a copy of the proposed pleading setting forth the claim or defense for which intervention is sought. An order granting intervention shall designate the intervenor as a plaintiff or a defendant. Thereupon, the intervenor shall promptly file the pleading and serve it upon all parties. HISTORY: (Amended Nov. 12, 2003, effective Jan. 1, 2004.) MARYLAND RULES TITLE 3. CIVIL PROCEDURE -- DISTRICT COURT CHAPTER 200. PARTIES Md. Rule 3-221 (2012) Rule 3-221. Interpleader (a) Interpleader action. An action for interpleader or in the nature of interpleader may be brought against two or more adverse claimants who claim or may claim to be entitled to property. The claims of the several defendants or the title on which their claims depend need not have a common origin or be identical but may be adverse to and independent of each other. The plaintiff may deny liability in whole or in part to any or all of the defendants. A defendant may likewise obtain interpleader by way of counterclaim or cross-claim. The provisions of this Rule supplement and do not in any way limit the joinder of parties permitted by Rule 3-212. The complaint for interpleader shall specify the nature and value of the property and may be accompanied by payment or tender into court of the property. The complaint may request, and the court may grant prior to entry of the order of interpleader pursuant to section (b) of this Rule, appropriate ancillary relief, including ex parte or preliminary injunctive relief. Cross references. -- For the definition of property, see Rule 1-202 (x). (b) Order of interpleader. After the defendants have had an opportunity to answer the complaint and oppose the request for interpleader, the court shall promptly schedule a hearing to determine the appropriate order to be entered. The order may: (1) dismiss the interpleader action; (2) require the defendants to interplead as to the property within a time specified, designating one or more of them as plaintiffs and one or more of them as defendants;

(3) direct the original plaintiff (the party bringing the interpleader action) to deposit the property or the value of the property into court to abide the judgment of the court or to file a bond with such surety as the court deems proper, conditioned upon compliance by the plaintiff with the future order or judgment of the court with respect to the property; (4) enjoin the original defendants from bringing or prosecuting any other action affecting the property; (5) discharge the original plaintiff from further liability with respect to the property upon deposit of the property with the court; (6) award the original plaintiff costs and reasonable attorney's fees from the property if that plaintiff brought the action in good faith as an impartial stakeholder; (7) direct the distribution of any part of the property not in dispute. (c) Jury trial. A demand for jury trial as to those issues that are triable of right by a jury shall be filed not later than 15 days after the entry of the order of interpleader or such other time as the court may specify in the order of interpleader. (d) Subsequent procedure. Within the time specified in the order of interpleader, the designated plaintiff shall file a complaint setting forth the claim of that plaintiff and shall serve each designated defendant pursuant to Rule 1-321. The action thereafter shall proceed as any other action. HISTORY: (Added May 14, 1992, effective July 1, 1992; amended Feb. 10, 2009, effective May 1, 2009; June 7, 2011, effective July 1, 2011.) MARYLAND RULES TITLE 3. CIVIL PROCEDURE -- DISTRICT COURT CHAPTER 200. PARTIES Md. Rule 3-241 (2012) Rule 3-241. Substitution of parties (a) Substitution. The proper person may be substituted for a party who (1) dies, if the action survives, (2) becomes incompetent, (3) transfers an interest in the action, whether voluntarily or involuntarily, (4) if a corporation, dissolves, forfeits its charter, merges, or consolidates,

(5) if a public officer, ceases to hold office, or (6) if a guardian, personal representative, receiver, or trustee, resigns, is removed, or dies. (b) Procedure. Any party to the action, any other person affected by the action, the successors or representatives of the party, or the court may file a notice in the action substituting the proper person as a party. The notice shall set forth the reasons for the substitution and, in the case of death, the decedent's representatives, domicile, and date and place of death if known. The notice shall be served on all parties in accordance with Rule 1-321 and on the substituted party in the manner provided by Rule 3-121, unless the substituted party has previously submitted to the jurisdiction of the court. (c) Objection. Within 15 days after the service of the notice of substitution, a motion to strike the substitution may be filed. (d) Failure to substitute. If substitution is not made as provided in this Rule, the court may dismiss the action, continue the trial or hearing, or take such other action as justice may require. HISTORY: (Amended Nov. 12, 2003, effective Jan. 1, 2004; April 5, 2005, effective July 1, 2005.) CHAPTER 300. PLEADINGS AND MOTIONS MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 300. PLEADINGS AND MOTIONS Md. Rule 2-301 (2012) Rule 2-301. Form of action There shall be one form of action known as "civil action." HISTORY: (Amended Nov. 12, 2003, effective Jan. 1, 2004.)

MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 300. PLEADINGS AND MOTIONS Md. Rule 2-302 (2012) Rule 2-302. Pleadings allowed There shall be a complaint and an answer. There may be a counterclaim, a cross-claim, and a third-party complaint. There shall be an answer to any counterclaim, cross-claim, or third-party

complaint. No other pleading shall be allowed except that the court may order a reply to an answer. Demurrers, pleas, and replications are abolished. HISTORY: (Amended Nov. 12, 2003, effective Jan. 1, 2004.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 300. PLEADINGS AND MOTIONS Md. Rule 2-303 (2012) Rule 2-303. Form of pleadings (a) Paragraphs, counts, and defenses. All averments of claim or defense shall be made in numbered paragraphs, the contents of each of which shall be limited as far as practicable to a statement of a single set of circumstances; and a paragraph may be referred to by number in all succeeding pleadings. Each cause of action shall be set forth in a separately numbered count. Each separate defense shall be set forth in a separately numbered defense. (b) Contents. Each averment of a pleading shall be simple, concise, and direct. No technical forms of pleadings are required. A pleading shall contain only such statements of fact as may be necessary to show the pleader's entitlement to relief or ground of defense. It shall not include argument, unnecessary recitals of law, evidence, or documents, or any immaterial, impertinent, or scandalous matter. (c) Consistency. A party may set forth two or more statements of a claim or defense alternatively or hypothetically. When two or more statements are made in the alternative and one of them if made independently would be sufficient, the pleading is not made insufficient by the insufficiency of one or more of the alternative statements. A party may also state as many separate claims or defenses as the party has, regardless of consistency and whether based on legal or equitable grounds. (d) Adoption by reference. Statements in a pleading or other paper of record may be adopted by reference in a different part of the same pleading or paper of record or in another pleading or paper of record. A copy of any written instrument that is an exhibit to a pleading is a part thereof for all purposes. (e) Construction of pleadings. All pleadings shall be so construed as to do substantial justice. HISTORY: (Amended Mar. 22, 1991, effective July 1, 1991; Nov. 12, 2003, effective Jan. 1, 2004.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 300. PLEADINGS AND MOTIONS Md. Rule 2-304 (2012)

Rule 2-304. Pleading certain matters (a) Capacity. It is not necessary to aver the capacity of a party to sue or be sued or the authority of a party to sue or be sued in a representative capacity or the legal existence of an organized association of persons that is made a party. (b) Conditions precedent. In pleading the performance or occurrence of conditions precedent, it is sufficient to aver generally that all conditions precedent have been performed or have occurred. (c) Time and place. Time and place shall be averred in a pleading when material to the cause of action or ground of defense. HISTORY: (Amended Nov. 12, 2003, effective Jan. 1, 2004.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 300. PLEADINGS AND MOTIONS Md. Rule 2-305 (2012) Rule 2-305. Claims for relief A pleading that sets forth a claim for relief, whether an original claim, counterclaim, crossclaim, or third-party claim, shall contain a clear statement of the facts necessary to constitute a cause of action and a demand for judgment for relief sought. Unless otherwise required by law, a demand for a money judgment shall include the amount sought. Relief in the alternative or of several different types may be demanded. HISTORY: (Amended Feb. 10, 1998, effective July 1, 1998; Nov. 12, 2003, effective Jan. 1, 2004.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 300. PLEADINGS AND MOTIONS Md. Rule 2-311 (2012) Rule 2-311. Motions (a) Generally. An application to the court for an order shall be by motion which, unless made during a hearing or trial, shall be made in writing, and shall set forth the relief or order sought. (b) Response. Except as otherwise provided in this section, a party against whom a motion is directed shall file any response within 15 days after being served with the motion, or within the time allowed for a party's original pleading pursuant to Rule 2-321 (a), whichever is later. Unless

the court orders otherwise, no response need be filed to a motion filed pursuant to Rule 1-204, 2532, 2-533, or 2-534. If a party fails to file a response required by this section, the court may proceed to rule on the motion. Cross references. -- See Rule 1-203 concerning the computation of time. (c) Statement of grounds and authorities; exhibits. A written motion and a response to a motion shall state with particularity the grounds and the authorities in support of each ground. A party shall attach as an exhibit to a written motion or response any document that the party wishes the court to consider in ruling on the motion or response unless the document is adopted by reference as permitted by Rule 2-303 (d) or set forth as permitted by Rule 2-432 (b). (d) Affidavit. A motion or a response to a motion that is based on facts not contained in the record shall be supported by affidavit and accompanied by any papers on which it is based. (e) Hearing -- Motions for judgment notwithstanding the verdict, for new trial, or to amend the judgment. When a motion is filed pursuant to Rule 2-532, 2-533, or 2-534, the court shall determine in each case whether a hearing will be held, but it may not grant the motion without a hearing. (f) Hearing -- Other motions. A party desiring a hearing on a motion, other than a motion filed pursuant to Rule 2-532, 2-533, or 2-534, shall request the hearing in the motion or response under the heading "Request for Hearing." The title of the motion or response shall state that a hearing is requested. Except when a rule expressly provides for a hearing, the court shall determine in each case whether a hearing will be held, but the court may not render a decision that is dispositive of a claim or defense without a hearing if one was requested as provided in this section. HISTORY: (Amended Mar. 22, 1991, effective July 1, 1991; Oct. 31, 2002, effective Jan. 1, 2003; Nov. 12, 2003, effective Jan. 1, 2004; June 7, 2011, effective July 1, 2011.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 300. PLEADINGS AND MOTIONS Md. Rule 2-321 (2012) Rule 2-321. Time for filing answer (a) General rule. A party shall file an answer to an original complaint, counterclaim, cross-claim, or third-party claim within 30 days after being served, except as provided by sections (b) and (c) of this Rule. (b) Exceptions. (1) A defendant who is served with an original pleading outside of the State but within the United States shall file an answer within 60 days after being served.

(2) A defendant who is served with an original pleading by publication or posting, pursuant to Rule 2-122, shall file an answer within the time specified in the notice. (3) A person who is required by statute of this State to have a resident agent and who is served with an original pleading by service upon the State Department of Assessments and Taxation, the Insurance Commissioner, or some other agency of the State authorized by statute to receive process shall file an answer within 60 days after being served. (4) The United States or an officer or agency of the United States served with an original pleading pursuant to Rule 2-124 (m) or (n) shall file an answer within 60 days after being served. (5) A defendant who is served with an original pleading outside of the United States shall file an answer within 90 days after being served. (6) If rules for special proceedings, or statutes of this State or of the United States, provide for a different time to answer, the answer shall be filed as provided by those rules or statutes. (c) Automatic extension. When a motion is filed pursuant to Rule 2-322, the time for filing an answer is extended without special order to 15 days after entry of the court's order on the motion or, if the court grants a motion for a more definite statement, to 15 days after the service of the more definite statement. HISTORY: (Amended Jan. 10, 1995, effective Feb. 1, 1995; Nov. 12, 2003, effective Jan. 1, 2004) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 300. PLEADINGS AND MOTIONS Md. Rule 2-322 (2012) Rule 2-322. Preliminary motions (a) Mandatory. The following defenses shall be made by motion to dismiss filed before the answer, if an answer is required: (1) lack of jurisdiction over the person, (2) improper venue, (3) insufficiency of process, and (4) insufficiency of service of process. If not so made and the answer is filed, these defenses are waived. (b) Permissive. The following defenses may be made by motion to dismiss filed before the answer, if an answer is required: (1) lack of jurisdiction over the subject matter, (2) failure to state a claim upon which relief can be granted, (3) failure to join a party under Rule 2-211, (4) discharge in bankruptcy, and (5) governmental immunity. If not so made, these defenses and objections may be made in the answer, or in any other appropriate manner after answer is filed. (c) Disposition. A motion under sections (a) and (b) of this Rule shall be determined before trial, except that a court may defer the determination of the defense of failure to state a claim upon

which relief can be granted until the trial. In disposing of the motion, the court may dismiss the action or grant such lesser or different relief as may be appropriate. If the court orders dismissal, an amended complaint may be filed only if the court expressly grants leave to amend. The amended complaint shall be filed within 30 days after entry of the order or within such other time as the court may fix. If leave to amend is granted and the plaintiff fails to file an amended complaint within the time prescribed, the court, on motion, may enter an order dismissing the action. If, on a motion to dismiss for failure of the pleading to state a claim upon which relief can be granted, matters outside the pleading are presented to and not excluded by the court, the motion shall be treated as one for summary judgment and disposed of as provided in Rule 2-501, and all parties shall be given reasonable opportunity to present all material made pertinent to such a motion by Rule 2-501. (d) Motion for more definite statement. If a pleading to which an answer is permitted is so vague or ambiguous that a party cannot reasonably frame an answer, the party may move for a more definite statement before answering. The motion shall point out the defects complained of and the details desired. If the motion is granted and the order of the court is not obeyed within 15 days after entry of the order or within such other time as the court may fix, the court may strike the pleading to which the motion was directed or make such order as it deems just. (e) Motion to strike. On motion made by a party before responding to a pleading or, if no responsive pleading is required by these rules, on motion made by a party within 15 days after the service of the pleading or on the court's own initiative at any time, the court may order any insufficient defense or any improper, immaterial, impertinent, or scandalous matter stricken from any pleading or may order any pleading that is late or otherwise not in compliance with these rules stricken in its entirety. (f) Consolidation of defenses in motion. A party who makes a motion under this Rule may join with it any other motions then available to the party. No defense or objection raised pursuant to this Rule is waived by being joined with one or more other such defenses or objections in a motion under this Rule. If a party makes a motion under this Rule but omits any defense or objection then available to the party that this Rule permits to be raised by motion, the party shall not thereafter make a motion based on the defenses or objections so omitted except as provided in Rule 2-324. HISTORY: (Amended Apr. 7, 1986, effective July 1, 1986; Mar. 5, 2001, effective July 1, 2001; Nov. 12, 2003, effective Jan. 1, 2004.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 300. PLEADINGS AND MOTIONS Md. Rule 2-323 (2012) Rule 2-323. Answer (a) Content. A claim for relief is brought to issue by filing an answer. Every defense of law or fact to a claim for relief in a complaint, counterclaim, cross-claim, or third-party claim shall be

asserted in an answer, except as provided by Rule 2-322. If a pleading setting forth a claim for relief does not require a responsive pleading, the adverse party may assert at the trial any defense of law or fact to that claim for relief. The answer shall be stated in short and plain terms and shall contain the following: (1) the defenses permitted by Rule 2-322 (b) that have not been raised by motion, (2) answers to the averments of the claim for relief pursuant to section (c) or (d) of this Rule, and (3) the defenses enumerated in sections (f) and (g) of this Rule. (b) Preliminary determination. The defenses of lack of jurisdiction over the subject matter, failure to state a claim upon which relief can be granted, failure to join a party under Rule 2-211, and governmental immunity shall be determined before trial on application of any party, except that the court may defer the determination of the defense of failure to state a claim upon which relief can be granted until the trial. (c) Specific admissions or denials. Except as permitted by section (d) of this Rule, a party shall admit or deny the averments upon which the adverse party relies. A party without knowledge or information sufficient to form a belief as to the truth of an averment shall so state and this has the effect of a denial. Denials shall fairly meet the substance of the averments denied. A party may deny designated averments or paragraphs or may generally deny all the averments except averments or paragraphs that are specifically admitted. (d) General denials in specified causes. When the action in any count is for breach of contract, debt, or tort and the claim for relief is for money only, a party may answer that count by a general denial of liability. (e) Effect of failure to deny. Averments in a pleading to which a responsive pleading is required, other than those as to the amount of damages, are admitted unless denied in the responsive pleading or covered by a general denial. Averments in a pleading to which no responsive pleading is required or permitted shall be taken as denied or avoided. When appropriate, a party may claim the inability to admit, deny, or explain an averment on the ground that to do so would tend to incriminate the party, and such statement shall not amount to an admission of the averment. (f) Negative defenses. Whether proceeding under section (c) or section (d) of this Rule, when a party desires to raise an issue as to (1) the legal existence of a party, including a partnership or a corporation, (2) the capacity of a party to sue or be sued, (3) the authority of a party to sue or be sued in a representative capacity, (4) the averment of the execution of a written instrument, or (5) the averment of the ownership of a motor vehicle, the party shall do so by negative averment, which shall include such supporting particulars as are peculiarly within the pleader's knowledge. If not raised by negative averment, these matters are admitted for the purpose of the pending action. Notwithstanding an admission under this section, the court may require proof of any of these matters upon such terms and conditions, including continuance and allocation of costs, as the court deems proper. (g) Affirmative defenses. Whether proceeding under section (c) or section (d) of this Rule, a party shall set forth by separate defenses: (1) accord and satisfaction, (2) merger of a claim by arbitration into an award, (3) assumption of risk, (4) collateral estoppel as a defense to a claim, (5) contributory negligence, (6) duress, (7) estoppel, (8) fraud, (9) illegality, (10) laches, (11) payment,

(12) release, (13) res judicata, (14) statute of frauds, (15) statute of limitations, (16) ultra vires, (17) usury, (18) waiver, (19) privilege, and (20) total or partial charitable immunity. In addition, a party may include by separate defense any other matter constituting an avoidance or affirmative defense on legal or equitable grounds. When a party has mistakenly designated a defense as a counterclaim or a counterclaim as a defense, the court shall treat the pleading as if there had been a proper designation, if justice so requires. (h) Defendant's information report. The defendant shall file with the answer an information report substantially in the form included with the summons if (1) the plaintiff has failed to file an information report required by Rule 2-111(a), (2) the defendant disagrees with anything contained in an information report filed by the plaintiff, (3) the defendant disagrees with a differentiated case management track previously selected by the court, or (4) the defendant has filed or expects to file a counterclaim, cross-claim, or third-party claim. If the defendant fails to file a required information report with the answer, the court may proceed without the defendant's information to assign the action to any track within the court's differentiated case management system or may continue the action on any track previously assigned. HISTORY: (Amended June 7, 1994, effective Oct. 1, 1994; Jan. 10, 1995, effective Feb. 1, 1995; Mar. 5, 2001, effective July 1 2001; Nov. 12, 2003, effective Jan. 1, 2004.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 300. PLEADINGS AND MOTIONS Md. Rule 2-324 (2012) Rule 2-324. Preservation of certain defenses (a) Defenses not waived. A defense of failure to state a claim upon which relief can be granted, a defense of failure to join a party under Rule 2-211, an objection of failure to state a legal defense to a claim, and a defense of governmental immunity may be made in any pleading or by motion for summary judgment under Rule 2-501 or at the trial on the merits. (b) Subject matter jurisdiction. Whenever it appears that the court lacks jurisdiction of the subject matter, the court shall dismiss the action. HISTORY: (Amended Nov. 12, 2003, effective Jan. 1, 2004.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 300. PLEADINGS AND MOTIONS Md. Rule 2-325 (2012) Rule 2-325. Jury trial

(a) Demand. Any party may elect a trial by jury of any issue triable of right by a jury by filing a demand therefor in writing either as a separate paper or separately titled at the conclusion of a pleading and immediately preceding any required certificate of service. (b) Waiver. The failure of a party to file the demand within 15 days after service of the last pleading filed by any party directed to the issue constitutes a waiver of trial by jury. (c) Actions from district court. When an action is transferred from the District Court by reason of a demand for jury trial, a new demand is not required. (d) Appeals from administrative agencies. In an appeal from the Workers' Compensation Commission or other administrative body when there is a right to trial by jury, the failure of any party to file the demand within 15 days after the time for answering the petition of appeal constitutes a waiver of trial by jury. (e) Effect of election. When trial by jury has been elected by any party, the action, including all claims whether asserted by way of counterclaim, cross-claim or third-party claim, as to all parties, and as to all issues triable of right by a jury, shall be designated upon the docket as a jury trial. (f) Withdrawal of election. An election for trial by jury may be withdrawn only with the consent of all parties not in default. HISTORY: (Amended Nov. 12, 2003, effective Jan. 1, 2004; amended Nov. 8, 2005, effective Jan. 1, 2006.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 300. PLEADINGS AND MOTIONS Md. Rule 2-326 (2012) Rule 2-326. Certain transfers from District Court (a) Notice. Upon entry on the docket of an action transferred from the District Court pursuant to a demand for jury trial or a demand for transfer pursuant to section (d) of Rule 3-326, the clerk shall send to the plaintiff and each party who has been served in the District Court action a notice that states the date of entry and the assigned docket reference and includes a "Notice to Defendant" in substantially the following form: Notice to Defendant If you are a "defendant," "counter-defendant," "cross defendant," or "third-party defendant" in this action and you wish to contest the case against you, you must file in this court an answer or other response to the complaint, counterclaim, cross-claim, or third-party claim within 30 days

after the date of this notice, regardless of whether you filed a notice of intention to defend or other response in the District Court. Committee note. -- If an action is transferred and a defendant or third-party defendant has not been served with process, the burden is on the plaintiff or third-party plaintiff to obtain service, as if the action were originally filed in a circuit court. (b) Answer or other response; subsequent proceedings. Regardless of whether a notice of intention to defend or other response was filed in the District Court, a defendant, counter-defendant, cross defendant, or third-party defendant shall file an answer or other response to the complaint, counterclaim, cross-claim, or third-party claim within 30 days after the clerk sends the notice required by section (a) of this Rule. Following the expiration of the 30-day period, the action shall thereafter proceed as if originally filed in the circuit court. HISTORY: (Amended Nov. 20, 1984, effective Jan. 1, 1985; June 3, 1988, effective July 1, 1988; Feb. 10, 1998, effective July 1, 1998; Nov. 12, 2003, effective Jan. 1, 2004.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 300. PLEADINGS AND MOTIONS Md. Rule 2-327 (2012) Rule 2-327. Transfer of action (a) Transfer to District Court. (1) If circuit court lacks jurisdiction. If an action within the exclusive jurisdiction of the District Court is filed in the circuit court but the court determines that in the interest of justice the action should not be dismissed, the court may transfer the action to the District Court sitting in the same county. Cross references. -- See Rule 3-101 (c) concerning complaints that are timely filed in the circuit court and dismissed for lack of subject matter jurisdiction. (2) If circuit court has jurisdiction -- Generally. Except as otherwise provided in subsection (a)(3) of this Rule, the court may transfer an action within its jurisdiction to the District Court sitting in the same county if all parties to the action (A) consent to the transfer, (B) waive any right to a jury trial they currently may have and any right they may have to a jury trial following transfer to the District Court, including on appeal from any judgment entered, and (C) make any amendments to the pleadings necessary to bring the action within the jurisdiction of the District Court. (3) If circuit court has jurisdiction -- Domestic violence actions. (A) In an action under Code, Family Law Article, Title 4, Subtitle 5, after entering a temporary protective order, a circuit court, on motion or on its own initiative, may transfer the action to the

District Court for the final protective order hearing if, after inquiry, the court finds that (i) there is no other action between the parties pending in the circuit court, (ii) the respondent has sought relief under Code, Family Law Article, Title 4, Subtitle 5, in the District Court, and (iii) in the interests of justice, the action should be heard in the District Court. (B) In determining whether a hearing in the District Court is in the interests of justice, the court shall consider (i) the safety of each person eligible for relief, (ii) the convenience of the parties, (iii) the pendency of other actions involving the parties or children of the parties in one of the courts, (iv) whether a transfer will result in undue delay, (v) the services that may be available in or through each court, and (vi) the efficient operation of the courts. (C) The consent of the parties is not required for a transfer under this subsection. (D) After the action is transferred, the District Court has jurisdiction for the purposes of enforcing and extending the temporary protective order as allowed by law. Cross references. -- See Code, Family Law Article, 4-505 (c) concerning the duration and extension of a temporary protective order. (b) Improper venue. If a court sustains a defense of improper venue but determines that in the interest of justice the action should not be dismissed, it may transfer the action to any county in which it could have been brought. (c) Convenience of the parties and witnesses. On motion of any party, the court may transfer any action to any other circuit court where the action might have been brought if the transfer is for the convenience of the parties and witnesses and serves the interests of justice. (d) Actions involving common questions of law or fact. (1) If civil actions involving one or more common questions of law or fact are pending in more than one judicial circuit, the actions or any claims or issues in the actions may be transferred in accordance with this section for consolidated pretrial proceedings or trial to a circuit court in which (A) the actions to be transferred might have been brought, and (B) similar actions are pending. (2) A transfer under this section may be made on motion of a party or on the transferor court's own initiative. When transfer is being considered on the court's own initiative, the circuit administrative judge having administrative authority over the court shall enter an order directing the parties to show cause on or before a date specified in the order why the action, claim, or issue should not be transferred for consolidated proceedings. Whether the issue arises from a motion or a show cause order, on the written request of any party the circuit administrative judge shall conduct a hearing. (3) A transfer under this section shall not be made except upon (A) a finding by the circuit administrative judge having administrative authority over the transferor court that the requirements of subsection (d) (1) of this Rule are satisfied and that the transfer will promote the just and efficient conduct of the actions to be consolidated and not unduly inconvenience the parties and witnesses in the actions subject to the proposed transfer; and (B) acceptance of the transfer by the

circuit administrative judge having administrative authority over the court to which the actions, claims, or issues will be transferred. (4) The transfer shall be pursuant to an order entered by the circuit administrative judge having administrative authority over the transferor court. The order shall specify (A) the basis for the judge's finding under subsection (d) (3) of this Rule, (B) the actions subject to the order, (C) whether the entire action is transferred, and if not, which claims or issues are being transferred, (D) the effective date of the transfer, (E) the nature of the proceedings to be conducted by the transferee court, (F) the papers, or copies thereof, to be transferred, and (G) any other provisions deemed necessary or desirable to implement the transfer. The transferor court may amend the order from time to time as justice requires. (5) (A) If, at the conclusion of proceedings in the transferee court pursuant to the order of transfer, the transferred action has been terminated by entry of judgment, it shall not be remanded but the clerk of the transferee court shall notify the clerk of the transferor court of the entry of the judgment. (B) If, at the conclusion of proceedings in the transferee court pursuant to the order of transfer, the transferred action has not been terminated by entry of judgment and further proceedings are necessary, (i) within 30 days after the entry of an order concluding the proceeding, any party may file in the transferee court a motion to reconsider or revise any order or ruling entered by the transferee court, (ii) if such a motion is filed, the transferee court shall consider and decide the motion, and (iii) following the expiration of the 30-day period or, if a timely motion for reconsideration is filed, upon disposition of the motion, the circuit administrative judge having administrative authority over the transferee court shall enter an order remanding the action to the transferor court. Notwithstanding any other Rule or law, the rulings, decisions, and orders made or entered by the transferee court shall be binding upon the transferor and the transferee courts. HISTORY: (Amended June 28, 1990, effective July 1, 1990; Dec. 10, 1996, effective July 1, 1997; Nov. 1, 2001, effective Jan. 1, 2002; Nov. 12, 2003, effective Jan. 1, 2004.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 300. PLEADINGS AND MOTIONS Md. Rule 2-331 (2012) Rule 2-331. Counterclaim and cross-claim (a) Counterclaim against opposing party. A party may assert as a counterclaim any claim that party has against any opposing party, whether or not arising out of the transaction or occurrence that is the subject matter of the opposing party's claim. A counterclaim may or may not diminish or

defeat the recovery sought by the opposing party. It may claim relief exceeding in amount or different in kind from that sought in the pleading of the opposing party. (b) Cross-claim against co-party. A party may assert as a cross-claim any claim that party has against a co-party arising out of the transaction or occurrence that is the subject matter either of the original action or of a counterclaim therein or relating to any property that is the subject matter of the original action. The cross-claim may include a claim that the party against whom it is asserted is or may be liable to the cross-claimant for all or part of a claim asserted in the action against the cross-claimant. (c) Joinder of additional parties. A person not a party to the action may be made a party to a counterclaim or cross-claim and shall be served as a defendant in an original action. When served with process, the person being added shall also be served with a copy of all pleadings, scheduling notices, court orders, and other papers previously filed in the action. (d) Time for filing. If a party files a counterclaim or cross-claim more than 30 days after the time for filing that party's answer, any other party may object to the late filing by a motion to strike filed within 15 days of service of the counterclaim or cross-claim. When a motion to strike is filed, the time for responding to the counterclaim or cross-claim is extended without special order to 15 days after entry of the court's order on the motion. The court shall grant the motion to strike unless there is a showing that the delay does not prejudice other parties to the action. HISTORY: (Amended Apr. 7, 1986, effective July 1, 1986; June 21, 1995, effective Sept. 1, 1995; June 7, 2011, effective July 1, 2011.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 300. PLEADINGS AND MOTIONS Md. Rule 2-332 (2012) Rule 2-332. Third-party practice (a) Defendant's claim against third party. A defendant, as a third-party plaintiff, may cause a summons and complaint, together with a copy of all pleadings, scheduling notices, court orders, and other papers previously filed in the action, to be served upon a person not a party to the action who is or may be liable to the defendant for all or part of a plaintiff's claim against the defendant. A person so served becomes a third-party defendant. (b) Response by third party. A third-party defendant shall assert defenses to the third-party plaintiff's claim as provided by Rules 2-322 and 2-323 and may assert counterclaims against the third-party plaintiff and cross-claims against other third-party defendants as provided by Rule 2331. The third-party defendant may assert against the plaintiff any defenses that the third-party plaintiff has to the plaintiff's claim. The third-party defendant may also assert any claim against the plaintiff arising out of the transaction or occurrence that is the subject matter of the plaintiff's claim against the third-party plaintiff.

(c) Plaintiff's claim against third party. The plaintiff shall assert any claim against the third-party defendant arising out of the transaction or occurrence that is the subject matter of the plaintiff's claim against the third-party plaintiff, and the third-party defendant thereupon shall assert defenses as provided by Rules 2-322 and 2-323 and may assert counterclaims and cross-claims as provided by Rule 2-331. If the plaintiff fails to assert any such claim against the third-party defendant, the plaintiff may not thereafter assert that claim in a separate action instituted after the third-party defendant has been impleaded. This section does not apply when a third-party claim has been stricken pursuant to section (e) of this Rule. (d) Additional parties. A third-party defendant may proceed under this Rule against any person who is or may be liable to the third-party defendant for all or part of the claim made in the pending action. When a counterclaim is asserted against a plaintiff, the plaintiff may cause a third party to be brought in under circumstances that would entitle a defendant to do so under this Rule. (e) Time for filing. If a party files a third-party claim more than 30 days after the time for filing that party's answer, any other party may file, within 15 days of service of the third-party claim, a motion to strike it or to sever it for separate trial. When such a motion is filed, the time for responding to the third-party claim is extended without special order to 15 days after entry of the court's order on the motion. The court shall grant the motion unless there is a showing that the late filing of the third-party claim does not prejudice other parties to the action. HISTORY: (Amended June 21, 1995, effective Sept. 1, 1995; amended Nov. 8, 2005, effective Jan. 1, 2006; June 7, 2011, effective July 1, 2011.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 300. PLEADINGS AND MOTIONS Md. Rule 2-341 (2012) Rule 2-341. Amendment of pleadings (a) Without leave of court. A party may file an amendment to a pleading without leave of court by the date set forth in a scheduling order or, if there is no scheduling order, no later than 30 days before a scheduled trial date. Within 15 days after service of an amendment, any other party to the action may file a motion to strike setting forth reasons why the court should not allow the amendment. If an amendment introduces new facts or varies the case in a material respect, an adverse party who wishes to contest new facts or allegations shall file a new or additional answer to the amendment within the time remaining to answer the original pleading or within 15 days after service of the amendment, whichever is later. If no new or additional answer is filed within the time allowed, the answer previously filed shall be treated as the answer to the amendment. (b) With leave of court. A party may file an amendment to a pleading after the dates set forth in section (a) of this Rule only with leave of court. If the amendment introduces new facts or varies the case in a material respect, the new facts or allegations shall be treated as having been denied by

the adverse party. The court shall not grant a continuance or mistrial unless the ends of justice so require. Committee note. -- The court may grant leave to amend the amount sought in a demand for a money judgment after a jury verdict is returned. See Falcinelli v. Cardascia, 339 Md. 414 (1995). (c) Scope. An amendment may seek to (1) change the nature of the action or defense, (2) set forth a better statement of facts concerning any matter already raised in a pleading, (3) set forth transactions or events that have occurred since the filing of the pleading sought to be amended, (4) correct misnomer of a party, (5) correct misjoinder or nonjoinder of a party so long as one of the original plaintiffs and one of the original defendants remain as parties to the action, (6) add a party or parties, (7) make any other appropriate change. Amendments shall be freely allowed when justice so permits. Errors or defects in a pleading not corrected by an amendment shall be disregarded unless they affect the substantial rights of the parties. (d) If new party added. If a new party is added by amendment, the amending party shall cause a summons and complaint, together with a copy of all pleadings, scheduling notices, court orders, and other papers previously filed in the action, to be served upon the new party. (e) Highlighting of amendments. Unless the court orders otherwise, a party filing an amended pleading also shall file at the same time a comparison copy of the amended pleading showing by lining through or enclosing in brackets material that has been stricken and by underlining or setting forth in bold-faced type new material. HISTORY: (Amended June 21, 1995, effective Sept. 1, 1995; Feb. 10, 1998, effective July 1, 1998; amended Nov. 8, 2005, effective Jan. 1, 2006; May 8, 2007, effective July 1, 2007; Dec. 4, 2007, effective Jan. 1, 2008.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 300. PLEADINGS AND MOTIONS Md. Rule 2-342 (2012) Rule 2-342. Amendment of other papers With leave of court and upon such terms as the court may impose, any motion or other paper may be amended. MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 400. DISCOVERY Md. Rule 2-401 (2012) Rule 2-401. General provisions governing discovery

(a) Discovery methods. Parties may obtain discovery by one or more of the following methods: (1) depositions upon oral examination or written questions, (2) written interrogatories, (3) production or inspection of documents or other tangible things or permission to enter upon land or other property, (4) mental or physical examinations, and (5) requests for admission of facts and genuineness of documents. (b) Sequence and timing of discovery. Unless the court orders otherwise, methods of discovery may be used in any sequence and the fact that a party is conducting discovery, whether by deposition or otherwise, shall not operate to delay any other party's discovery. The court may at any time order that discovery be completed by a specified date or time, which shall be a reasonable time after the action is at issue. (c) Discovery plan. The parties are encouraged to reach agreement on a plan for the scheduling and completion of discovery. (d) Discovery material. (1) Defined. For purposes of this section, the term "discovery material" means a notice of deposition, an objection to the form of a notice of deposition, the questions for a deposition upon written questions, an objection to the form of the questions for a deposition upon written questions, a deposition transcript, interrogatories, a response to interrogatories, a request for discovery of documents and property, a response to a request for discovery of documents and property, a request for admission of facts and genuineness of documents, and a response to a request for admission of facts and genuineness of documents. (2) Not to be filed with court. Except as otherwise provided in these rules or by order of court, discovery material shall not be filed with the court. Instead, the party generating the discovery material shall serve the discovery material on all other parties and promptly shall file with the court a notice stating (A) the type of discovery material served, (B) the date and manner of service, and (C) the party or person served. The party generating the discovery material shall retain the original and shall make it available for inspection by any other party. This section does not preclude the use of discovery material at trial or as exhibits to support or oppose motions. Cross references. -- Rule 2-311 (c). Committee note. -- Rule 1-321 requires that the notice be served on all parties. Rule 1-323 requires that it contain a certificate of service. Parties exchanging discovery material are encouraged to comply with requests that the material be provided in a word processing file or other electronic format. (e) Supplementation of responses. Except in the case of a deposition, a party who has responded to a request or order for discovery and who obtains further material information before trial shall supplement the response promptly. (f) Substitution of a party. Substitution of a party pursuant to Rule 2-241 does not affect the conduct of discovery previously commenced or the use of the product of discovery previously

conducted. (g) Stipulations regarding discovery procedure. Unless the court orders otherwise, the parties by written stipulation may (1) provide that a deposition may be taken before any person, at any time or place, upon any notice, and in any manner and, when so taken, may be used like other depositions and (2) modify the procedures provided by these rules for other methods of discovery, except that the parties may not modify any discovery procedure if the effect of the modification would be to impair or delay a scheduled court proceeding or conference or delay the time specified in a court order for filing a motion or other paper. HISTORY: (Amended Mar. 22, 1991, effective July 1, 1991; June 7, 1994, effective Oct. 1, 1994; Nov. 12, 2003, effective Jan. 1, 2004; April 5, 2005, effective July 1, 2005.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 400. DISCOVERY Md. Rule 2-402 (2012) 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 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 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 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 2-422, encompassing, without exception, whatever is stored electronically. Subsection (b)(2) addresses the difficulties that may be associated with locating, retrieving, and providing discovery of some electronically stored information. Ordinarily, the reasonable costs of retrieving and reviewing electronically stored information are borne by the responding party. At times, however, the information sought is not reasonably available to the responding party in the ordinary course of business. For example, restoring deleted data, disaster recovery tapes, residual data, or legacy systems may involve extraordinary effort or resources to restore the data to an accessible format. This subsection empowers the court, after considering the factors listed in subsection (b)(1), to shift or share costs if the demand is unduly burdensome because of the nature of the effort involved to comply and the requesting party has demonstrated substantial need or justification. See, The Sedona Conference, The Sedona Principles: Best Practices Recommendations and Principles for Addressing Electronic Document Production, (2d ed. 2007), Principle 13 and related Comment. (c) Insurance agreement. A party may obtain discovery of the existence and contents of any insurance agreement under which any person carrying on an insurance business might be liable to satisfy part or all of a judgment that might be entered in the action or to indemnify or reimburse for payments made to satisfy the judgment. Information concerning the insurance agreement is not by reason of disclosure admissible in evidence at trial. For 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, 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) 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. Promptly after being notified, each receiving party shall return, sequester, or destroy the specified information and any copies and may not use or disclose the information until the claim is resolved. A receiving party who wishes to determine the validity of a claim of privilege shall promptly file a motion under seal requesting that the court determine the validity of the claim. A receiving party who disclosed the information before being notified shall take reasonable steps to retrieve it. The producing party shall preserve the information until the claim is resolved. Committee note. -- Subsection (e) (2) allows a producing party to assert a claim of privilege or work-product 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 work product protection within a "reasonable time." See Elkton Care Center Associates v. Quality Care Management, Inc., 145 Md. App. 532 (2002). (3) Effect of inadvertent disclosure. A disclosure of a communication or information covered by the attorney-client privilege or work product 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 information or work product 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 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) (attorney-client privilege). (4) 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 the attorney-client privilege or work product 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)(4) 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 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 and work product if the consequence of disclosure is that the information can be used by nonparties to the litigation. Subsection (e)(4) provides that an agreement of the parties governing confidentiality of disclosures is enforceable against nonparties only if it is incorporated in a court order, but there can be no assurance that this enforceability will be recognized by courts other than those of this State. There is some dispute as to whether a confidentiality order entered in one case can bind nonparties from asserting waiver by disclosure in separate litigation. See generally Hopson v. City of Baltimore, 232 F.R.D. 228 (D.Md. 2005), for a discussion of this case law.

(f) Trial preparation -- Party's or witness' own statement. A party may obtain a statement concerning the action or its subject matter previously made by that party without the showing required under section (d) of this Rule. A person who is not a party may obtain, or may authorize in writing a party to obtain, a statement concerning the action or its subject matter previously made by that person without the showing required under section (d) of this Rule. For purposes of this 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. 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). (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. (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. HISTORY: (Amended June 5, 1996, effective Jan. 1, 1997; Nov. 12, 2003, effective Jan. 1, 2004; Dec. 4, 2007, effective Jan. 1, 2008.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 400. DISCOVERY Md. Rule 2-403 (2012) Rule 2-403. Protective orders (a) Motion. On motion of a party or of a person from whom discovery is sought, and for good cause shown, the court may enter any order that justice requires to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense, including one or more of the following: (1) that the discovery not be had, (2) that the discovery not be had until other designated discovery has been completed, a pretrial conference has taken place, or some other event or proceeding has occurred, (3) that the discovery may be had only on specified terms and conditions, including an allocation of the expenses or a designation of the time or place, (4) that the discovery may be had only by a method of discovery other than that selected by the party seeking discovery, (5) that certain matters not be inquired into or that the scope of the discovery be limited to certain matters, (6) that discovery be conducted with no one present except persons designated by the court, (7) that a deposition, after being sealed, be opened only by order of the court, (8) that a trade secret or other confidential research, development, or commercial information not be disclosed or be disclosed only in a designated way, (9) that the parties simultaneously file specified documents or information enclosed in sealed envelopes to be opened as directed by the court. (b) Order. If the motion for a protective order is denied in whole or in part, the court may, on such terms and conditions as are just, order that any party or person provide or permit discovery. HISTORY: (Amended Nov. 12, 2003, effective Jan. 1, 2004.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 400. DISCOVERY Md. Rule 2-404 (2012) Rule 2-404. Perpetuation of evidence (a) Before action instituted. (1) Right to take. A person who may have an interest in an action that the person expects to be brought may perpetuate testimony or other evidence relevant to any claim or defense that may be

asserted in the expected action in accordance with these rules. In applying these rules, a person who files or is served with a notice, request, or motion shall be deemed a "party" and references to the "court in which the action is pending" shall be deemed to refer to the court in which the notice, request, or motion is filed. (2) Notice, request, motion. The notice of deposition required by Rule 2-412, the request for production of documents required by Rule 2-422, and the motion for mental or physical examination required by Rule 2-423 shall include a description of the subject matter of the expected action, a description of the person's interest in the expected action, the facts that the person desires to establish through the evidence to be perpetuated, the person's reasons for desiring to perpetuate the evidence, and, in the case of a deposition, the substance of the testimony that the person expects to elicit and a statement that any person served has a right to be present. The notice, request or motion shall include a statement that the information sought may be used in a later action. (3) Filing. The notice, request, or motion shall be filed in the circuit court in the county of residence of any expected resident adverse party. If the expected adverse party is not a resident of this State, the notice, request, or motion shall be filed in the circuit court in any county where venue of the expected action would be proper. The clerk shall index the notice, request, or motion under the name of the person seeking to perpetuate evidence as plaintiff and under the names of the persons served. All motions, responses, and orders of court shall be filed. Unless otherwise ordered by the court, if the person seeking to perpetuate evidence or any other person who may be interested in the matter requests, the deposition, the documents or other things produced, or any reports shall be filed under seal. The clerk shall make appropriate docket entries. (4) Service. The notice, request, or motion shall be served in the manner provided by Chapter 100 of this Title for service of summons on each person against whom the testimony or other evidence is expected to be used and on any other interested person. If the court orders that service be made upon a person in accordance with Rule 2-122, the court may appoint an attorney to represent that person. (5) Subpoena or court order. No sanctions shall be available against a person from whom evidence is sought under this Rule in the absence of service of a subpoena or court order. (6) Use of perpetuated evidence. Evidence perpetuated in accordance with the requirements of this section may be used in any court in any action involving the same subject matter and against any person served with a notice, request, or motion in the manner provided by subsection (a) (4) of this Rule. Depositions may be used to the extent permitted by Rule 2-419. Use of a report of findings or of testimony of an examining physician or physicians shall be subject to the order required by Rule 2-423. (b) Pending appeal. After an appeal has been taken or before an appeal is taken if the appeal period has not expired, the circuit court in which the judgment or appealable order was entered may allow perpetuation of evidence for use in the event of further proceedings in that court. A motion for leave to perpetuate evidence shall be filed and served as if the action were pending in the circuit court. The motion shall identify (1) the reasons for perpetuating evidence, (2) the persons to be

examined and the substance of the testimony expected from each, and (3) the documents or things to be inspected and preserved, if any. If the court finds that perpetuation of the evidence is proper to avoid a failure or delay of justice, it may enter an order allowing depositions to be taken, permitting documents and tangible things to be inspected or copied as provided by Rule 2-422, or requiring submission to a mental or physical examination as provided by Rule 2-423. The court's order may include any provision which justice requires to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense. Testimony perpetuated in accordance with this section may be used to the extent permitted by Rule 2-419. Use of evidence perpetuated in accordance with this section shall be subject to the court's order permitting it to be perpetuated. HISTORY: (Amended June 3, 1988, effective July 1, 1988; Nov. 12, 2003, effective Jan. 1, 2004.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 400. DISCOVERY Md. Rule 2-411 (2012) Rule 2-411. Deposition -- Right to take Any party to an action may cause the testimony of a person, whether or not a party, to be taken by deposition for the purpose of discovery or for use as evidence in the action or for both purposes. Leave of court must be obtained to take a deposition (a) before the earliest day on which any defendant's initial pleading or motion is required; (b) that is longer than one seven-hour day; (c) of an individual confined in prison; or (d) of an individual who has previously been deposed in the same action unless further deposition is permitted under Rule 2-415 (i) because substantive changes have been made to the deposition transcript. Leave of court may be granted on such terms as the court prescribes. HISTORY: (Amended Nov. 12, 2003, effective Jan. 1, 2004; Dec. 8, 2003, effective July 1, 2004.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 400. DISCOVERY Md. Rule 2-412 (2012) Rule 2-412. Deposition -- Notice (a) Generally. A party desiring to take a deposition shall serve a notice of deposition upon oral examination at least ten days before the date of the deposition or a notice of deposition upon written questions in accordance with Rule 2-417. The notice shall state the time and place for taking the deposition and the name and address of the person to be examined or, if the name is not known, a general description sufficient to identify the person or the particular class or group to which the person belongs. If a subpoena is to be served on the person to be examined, it shall be

served at least ten days before the date of the deposition. (b) Videotape or audiotape. If the deposition is to be recorded by videotape or audiotape, the notice shall specify the method of recording. If a videotape deposition is to be taken for use at trial pursuant to Rule 2-419 (a) (4), the notice shall so specify. (c) Documents or other tangible things. The notice to a party deponent may contain or be accompanied by a request for the production of documents or other tangible things at the taking of the deposition, in which case the provisions of Rule 2-422 shall apply to the request. A non-party deponent may be required to produce documents or other tangible things at the taking of the deposition by a subpoena. If a subpoena requiring the production of documents or other tangible things at the taking of the deposition is to be served on a party or nonparty deponent, the designation of the materials to be produced as set forth in the subpoena shall be attached to or included in the notice and the subpoena shall be served at least 30 days before the date of the deposition. (d) Designation of person to testify for an organization. A party may in a notice and subpoena name as the deponent a public or private corporation or a partnership or association or governmental agency and describe with reasonable particularity the matters on which examination is requested. The organization so named shall designate one or more officers, directors, managing agents, or other persons who will testify on its behalf regarding the matters described and may set forth the matters on which each person designated will testify. A subpoena shall advise a nonparty organization of its duty to make such a designation. The persons so designated shall testify as to matters known or reasonably available to the organization. (e) Objection to form. Any objection to the form of the notice for taking a deposition is waived unless promptly served in writing. HISTORY: (Amended Mar. 22, 1991, effective July 1, 1991; Nov. 12, 2003, effective Jan. 1, 2004.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 400. DISCOVERY Md. Rule 2-413 (2012) Rule 2-413. Deposition -- Place (a) Nonparty. (1) In this State. A resident of this State who is not a party may be required to attend a deposition in this State only in the county in which the person resides or is employed or engaged in business, or at any other convenient place fixed by order of court. A nonresident who is not a party may be required to attend a deposition in this State only in the county in which the nonresident is served with a subpoena or within 40 miles from the place of service, or at any other convenient place fixed by order of court.

(2) Out of State. A person who is not a party may be required to attend a deposition outside of this State in accordance with the law of the place where the deposition is held. (b) Party. A party may be required to attend a deposition wherever a nonparty could be required to attend or in the county in which the action is pending.

MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 400. DISCOVERY Md. Rule 2-414 (2012) Rule 2-414. Deposition -- Officer before whom taken (a) In this State. In this State, a deposition shall be taken before any person authorized to administer an oath. (b) In other states. In any other state of the United States or in a territory, district, or possession of the United States, a deposition shall be taken before any person authorized to administer an oath by the laws of the United States or by the laws of the place where the deposition is taken or before any person appointed by the court in which the action is pending. The person appointed has the power to administer an oath and take testimony. (c) In foreign countries. In a foreign country, a deposition may be taken (1) on notice before any person authorized to administer an oath in the place in which the deposition is taken, either by the laws of that place or by the laws of the United States, or (2) before any person commissioned by the court, which person has the power by virtue of the commission to administer an oath and take testimony, or (3) pursuant to a letter rogatory. A commission or a letter rogatory shall be issued on motion and notice and on terms that are just and appropriate. It is not necessary to the issuance of a commission or a letter rogatory that the taking of the deposition in any other manner is impracticable or inconvenient, and both a commission and a letter rogatory may be issued in proper cases. A notice or commission may designate the person before whom the deposition is to be taken either by name or descriptive title. A letter rogatory may be addressed "To the Appropriate Authority in (here name the country)." Evidence obtained in response to a letter rogatory need not be excluded merely for the reason that it is not a verbatim transcript or that the testimony was not taken under oath or for any similar departure from the requirements for depositions taken within the United States under these rules. (d) Disqualification for interest. A deposition shall not be taken before a person who is a relative or employee or attorney of a party, or is a relative or employee of an attorney of a party, or is financially interested in the action. (e) Objections. Any objection to the taking of a deposition because of the disqualification of the officer is waived unless made before the deposition begins or as soon thereafter as the

disqualification becomes known or could be discovered with reasonable diligence. HISTORY: (Amended Nov. 12, 2003, effective Jan. 1, 2004.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 400. DISCOVERY Md. Rule 2-415 (2012) Rule 2-415. Deposition -- Procedure (a) Oath and record of testimony. The deponent shall be put on oath by the officer before whom a deposition is taken, and the testimony of the deponent shall be recorded by the officer or by someone acting under the direction and in the presence of the officer. The testimony shall be recorded stenographically or, pursuant to Rule 2-416, by videotape or audiotape. The testimony shall also be transcribed unless the parties agree otherwise or unless the court orders otherwise to avoid expense, hardship, or injustice. The court may order one or more of the parties to pay the cost of transcription. (b) Examination and cross-examination. When a deposition is taken upon oral examination, examination and cross-examination of the deponent may proceed as permitted in the trial of an action in open court. The cross-examination need not be limited to the subject matter of the examination in chief, but its use shall be subject to the provisions of Rule 2-419. Instead of participating in the oral examination, a party served with a notice of deposition may transmit written questions to the officer before whom the deposition is taken, who shall propound them to the deponent. (c) Materials produced. Any party may inspect and copy documents and other tangible things produced by a deponent and may require them to be marked for identification and attached to and returned with the transcript. However, if the person producing the materials requests their return, (1) the person producing the materials, upon affording each party an opportunity to verify the copies by comparison with the originals, may substitute copies to be marked for identification and attached to and returned with the transcript, or (2) the person producing the materials may offer the originals to be marked for identification, after affording each party an opportunity to inspect and copy them, in which event the materials may be used in the same manner as if attached to and returned with the transcript. Any party may move for an order that the originals be attached to and returned with the transcript to the court, pending final disposition of the case. (d) Signature and Changes. Unless changes and signing are waived by the deponent and the parties, the officer shall submit the transcript to the deponent, accompanied by a notice in substantially the following form: [Caption of case] NOTICE TO [name of deponent]

The enclosed transcript of your deposition in the above-captioned case is submitted to you on [date of submission of the transcript to the deponent] for your signature and any corrections or other changes you wish to make. All corrections and other changes will become part of your sworn testimony. After you have read the transcript, sign it and, if you are making changes, attach to the transcript a separate correction sheet stating the changes and the reason why each change is being made. Return the signed transcript and any correction sheet to [name and address of officer before whom the deposition was taken] no later than 30 days after the date stated above. If you fail to return the signed transcript and any correction sheet within the time allowed, the transcript may be used as if signed by you. See Rules 2-415 and 2-501 of the Maryland Rules of Procedure. Within 30 days after the date the officer mails or otherwise submits the transcript to the deponent, the deponent shall (1) sign the transcript and (2) note any changes to the form or substance of the testimony in the transcript on a separate correction sheet, stating the reason why each change is being made. The officer promptly shall serve a copy of the correction sheet on the parties and attach the correction sheet to the transcript. The changes contained on the correction sheet become part of the transcript. If the deponent does not timely sign the transcript, the officer shall sign the transcript, certifying the date that the transcript was submitted to the deponent with the notice required by this section and that the transcript was not signed and returned within the time allowed. The transcript may then be used as if signed by the deponent, unless the court finds, on a motion to suppress under section (j) of this Rule, that the reason for the failure to sign requires rejection of all or part of the transcript. Cross references. -- See Rule 2-501 (e) for the consequences of filing an affidavit or other written statement under oath that contradicts deposition testimony that was not changed within the time allowed by this section. (e) Certification and notice. The officer shall attach to the transcript a certificate that the deponent was duly sworn and that the transcript is a true record of the testimony given. A transcript prepared from a certified videotape or audiotape may be certified by any person qualified to act as a deposition officer. The officer shall then securely seal the transcript in an envelope endorsed with the title of the action and marked "Deposition of (here insert name of deponent)." (f) Copy to be furnished. Upon receiving payment of reasonable charges, the officer shall furnish a copy of the transcript to any party or to the deponent. (g) Objections. All objections made during a deposition shall be recorded with the testimony. An objection to the manner of taking a deposition, to the form of questions or answers, to the oath or affirmation, to the conduct of the parties, or to any other kind of error or irregularity that might be obviated or removed if objected to at the time of its occurrence is waived unless a timely objection is made during the deposition. An objection to the competency of a witness or to the competency, relevancy, or materiality of testimony is not waived by failure to make it before or during a deposition unless the ground of the objection is one that might have been obviated or removed if

presented at that time. The grounds of an objection need not be stated unless requested by a party. If the ground of an objection is stated, it shall be stated specifically, concisely, and in a nonargumentative and non-suggestive manner. If a party desires to make an objection for the record during the taking of a deposition that reasonably could have the effect of coaching or suggesting to the deponent how to answer, then the deponent, at the request of any party, shall be excused from the deposition during the making of the objection. Committee note. -- During the taking of a deposition, it is presumptively improper for an attorney to make objections that are not consistent with Rule 2-415 (g). Objections should be stated as simply, concisely, and non-argumentatively as possible to avoid coaching or making suggestions to the deponent and to minimize interruptions in the questioning of the deponent. Examples include "objection, leading;" "objection, asked and answered;" and "objection, compound question." (h) Refusals to answer. When a deponent refuses to answer a question, the proponent of the question shall complete the examination to the extent practicable before filing a motion for an order compelling discovery. (i) Further Deposition Upon Substantive Changes to Transcript. If a correction sheet contains substantive changes, any party may serve notice of a further deposition of the deponent limited to the subject matter of the substantive changes made by the deponent unless the court, on motion of a party pursuant to Rule 2-403, enters a protective order precluding the further deposition. (j) Motions to suppress. An objection to the manner in which testimony is transcribed, videotaped, or audiotaped, or to the manner in which a transcript is prepared, signed, certified, sealed, endorsed, transmitted, filed, or otherwise dealt with by the officer is waived unless a motion to suppress all or part of the deposition is made promptly after the defect is or with due diligence might have been ascertained. In ruling on a motion to suppress, the court may grant leave to any party to depose the deponent further on terms and conditions the court deems appropriate. HISTORY: (Amended Mar. 22, 1991, effective July 1, 1991; Dec. 16, 1999, effective Jan. 1, 2000; Dec. 8, 2003, effective July 1, 2004.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 400. DISCOVERY Md. Rule 2-416 (2012) Rule 2-416. Deposition -- Videotape and audiotape (a) Permitted. Any deposition may be recorded by videotape or audiotape without a stenographic record, but a party may cause a stenographic record of the deposition to be made at the party's own expense. Except as otherwise provided by this Rule, the rules of this chapter apply to videotape and audiotape depositions. (b) Deferral. On motion of a party made prior to the deposition, the court may order that a videotape deposition intended for use at trial be postponed or begun subject to being continued, on

such terms as are just, if the court finds that the deposition is to be taken before the moving party has had an adequate opportunity to prepare, by discovery deposition of the deponent or other means, for cross-examination of the deponent. (c) Physical arrangements. The area to be used for recording testimony shall be suitable in size, have adequate lighting, and be reasonably quiet. The physical arrangements shall not be unduly suggestive or otherwise prejudicial. (d) Operator. The operator of the recording equipment shall be competent to set up, operate, and monitor the equipment in accordance with this Rule. The operator may be an employee of the attorney taking the deposition unless the operator is also the officer before whom the deposition is being taken. (e) Operation of the equipment. The operator shall not distort the appearance or demeanor of participants in the deposition by the use of camera or sound recording techniques. (f) Procedure. The deposition shall begin by the operator stating on camera or on the audiotape: (1) the operator's name and address, (2) the name and address of the operator's employer, (3) the date, time, and place of the deposition, (4) the caption of the case, (5) the name of the deponent, and (6) the name of the party giving notice of the deposition. The officer before whom the deposition is taken shall identify himself or herself and swear the deponent on camera or on the audiotape. At the conclusion of the deposition, the operator shall state on camera or on the audiotape that the deposition is concluded. When more than one tape is used, the operator shall announce the end of each tape and the beginning of the next tape on camera or on the audiotape. A videotape deposition shall be timed by a clock that shall show on camera whenever possible each hour, minute, and second of the deposition. (g) Objections. The officer shall keep a log of all objections made during the deposition and shall reference them to the time shown on the clock on camera or to the videotape or audiotape indicator. Evidence objected to shall be taken subject to the objection. A party intending to offer a videotape or audiotape deposition in evidence shall notify the court and all parties in writing of that intent and of the parts of the deposition to be offered within sufficient time to allow for objections to be made and acted upon before the trial or hearing. Objections to all or part of the deposition shall be made in writing within sufficient time to allow for rulings on them and for editing of the tape before the trial or hearing. The court may permit further designations and objections as justice may require. In excluding objectionable testimony or comments or objections of counsel, the court may order that an edited copy of the videotape or audiotape be made or that the person playing the tape at trial suppress the objectionable portions of the tape. In no event, however, shall the original videotape or audiotape be affected by any editing process. Committee note. -- This section supplements Rule 2-415 (g). (h) Certification. After the deposition has been taken, the officer shall review the videotape or audiotape promptly and attach to it a certificate that the recording is a correct and complete record of the testimony given by the deponent.

(i) Custody. The attorney for the party taking the deposition or any other person designated by the court or agreed to by the parties represented at the deposition shall take custody of the videotape or audiotape and be responsible for its safeguarding, permit its viewing or hearing by a party or the deponent, and provide a copy of the videotape or its audio portion or of the audiotape, upon the request and at the cost of a party or the deponent. A videotape or audiotape offered or admitted in evidence at a trial or hearing shall be marked and retained as an exhibit. HISTORY: (Amended Dec. 16, 1999, effective Jan. 1, 2000.)

MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 400. DISCOVERY Md. Rule 2-417 (2012) Rule 2-417. Deposition -- Written questions (a) Notice. A party desiring to take a deposition upon written questions shall serve the questions together with the notice of deposition. Within 30 days after service of the notice and written questions, a party may serve cross questions. Within 15 days after service of cross questions, a party may serve redirect questions. Within 15 days after service of redirect questions, a party may serve recross questions. (b) Examination. A copy of the notice and copies of all direct, cross, redirect, and recross questions served shall be delivered by the party taking the deposition to the officer before whom the deposition is to be taken. The officer shall take the testimony of the deponent in response to the questions and prepare and certify the transcript of the deposition in the manner provided by these rules. (c) Objection to form. Any objection to the form of written questions submitted under section (a) of this Rule is waived unless served within the time allowed for serving the succeeding questions or, if the objection is to recross questions, within seven days after service of the recross questions. The grounds for an objection shall be stated. HISTORY: (Amended Mar. 22, 1991, effective July 1, 1991.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 400. DISCOVERY Md. Rule 2-418 (2012) Rule 2-418. Deposition -- By telephone The parties may stipulate in writing, or the court on motion may order, that a deposition be taken by telephone. The officer before whom the deposition is taken may administer the oath by

telephone. For the purpose of these rules, a deposition taken by telephone is taken at the place where the deponent answers the questions. HISTORY: (Amended Nov. 12, 2003, effective Jan. 1, 2004.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 400. DISCOVERY Md. Rule 2-419 (2012) Rule 2-419. Deposition -- Use (a) When may be used. (1) Contradiction and impeachment. A party may use a deposition transcript and any correction sheets to contradict or impeach the testimony of the deponent as a witness. (2) By adverse party. The deposition of a party or of anyone who at the time of taking the deposition was an officer, director, managing agent, or a person designated under Rule 2-412 (d) to testify on behalf of a public or private corporation, partnership, association, or governmental agency which is a party may be used by an adverse party for any purpose. (3) Witness not available or exceptional circumstances. The deposition of a witness, whether or not a party, may be used by any party for any purpose against any other party who was present or represented at the taking of the deposition or who had due notice thereof, if the court finds: (A) that the witness is dead; or (B) that the witness is out of the State, unless it appears that the absence of the witness was procured by the party offering the deposition; or (C) that the witness is unable to attend or testify because of age, mental incapacity, sickness, infirmity, or imprisonment; or (D) that the party offering the deposition has been unable to procure the attendance of the witness by subpoena; or (E) upon motion and reasonable notice, that such exceptional circumstances exist as to make it desirable, in the interest of justice and with due regard to the importance of presenting the testimony of witnesses orally in open court, to allow the deposition to be used. (4) Videotape deposition of expert. A videotape deposition of a treating or consulting physician or of any expert witness may be used for any purpose even though the witness is available to testify if the notice of that deposition specified that it was to be taken for use at trial. (b) Use of part of deposition. If only part of a deposition is offered in evidence by a party, an

adverse party may require the offering party to introduce at that time any other part that in fairness ought to be considered with the part offered and any party may introduce any other part in accordance with this Rule. (c) Deposition taken in another action. A deposition lawfully taken in another action may be used like any other deposition if the other action was brought in any court of this State, of any other state, or of the United States, involved the same subject matter, and was brought between the same parties or their representatives or predecessors in interest. (d) Objection to admissibility. Subject to Rules 2-412 (e), 2-415 (g) and (j), 2-416 (g), and 2-417 (c), an objection may be made at a hearing or trial to receiving in evidence all or part of a deposition for any reason that would require the exclusion of the evidence if the witness were then present and testifying. (e) Effect of deposition. A party does not make a person that party's own witness by taking the person's deposition. The introduction in evidence of all or part of a deposition for any purpose other than as permitted by subsections (a) (1) and (a) (2) of this Rule makes the deponent the witness of the party introducing the deposition. At a hearing or trial, a party may rebut any relevant evidence contained in a deposition, whether introduced by that party or by any other party. HISTORY: (Amended Dec. 8, 2003, effective July 1, 2004.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 400. DISCOVERY Md. Rule 2-421 (2012) Rule 2-421. Interrogatories to parties (a) Availability; number. Any party may serve written interrogatories directed to any other party. Unless the court orders otherwise, a party may serve one or more sets having a cumulative total of not more than 30 interrogatories to be answered by the same party. Interrogatories, however grouped, combined, or arranged and even though subsidiary or incidental to or dependent upon other interrogatories, shall be counted separately. Each form interrogatory contained in the Appendix to these Rules shall count as a single interrogatory. (b) Response. The party to whom the interrogatories are directed shall serve a response within 30 days after service of the interrogatories or within 15 days after the date on which that party's initial pleading or motion is required, whichever is later. The response shall answer each interrogatory separately and fully in writing under oath, or shall state fully the grounds for refusal to answer any interrogatory. The response shall set forth each interrogatory followed by its answer. An answer shall include all information available to the party directly or through agents, representatives, or attorneys. The response shall be signed by the party making it. (c) Option to produce business records. When (1) the answer to an interrogatory may be derived or

ascertained from the business records, including electronically stored information, of the party upon whom the interrogatory has been served or from an examination, audit, or inspection of those business records or a compilation, abstract, or summary of them, and (2) the burden of deriving or ascertaining the answer is substantially the same for the party serving the interrogatory as for the party served, and (3) the party upon whom the interrogatory has been served has not already derived or ascertained the information requested, it is a sufficient answer to the interrogatory to specify the records from which the answer may be derived or ascertained and to afford to the party serving the interrogatory reasonable opportunity to examine, audit, or inspect the records and to make copies, compilations, abstracts, or summaries. A specification shall be in sufficient detail to permit the interrogating party to locate and to identify, as readily as can the party served, the records from which the answer may be ascertained. (d) Use. Answers to interrogatories may be used at the trial or a hearing to the extent permitted by the rules of evidence. HISTORY: (Amended Mar. 22, 1991, effective July 1, 1991; June 7, 1994, effective Oct. 1, 1994; Jan. 18, 1996, effective July 1, 1996; Nov. 12, 2003, effective Jan. 1, 2004; Dec. 4, 2007, effective Jan. 1, 2008.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 400. DISCOVERY Md. Rule 2-422 (2012) Rule 2-422. Discovery of documents, electronically stored information, and property (a) Scope. Any party may serve one or more requests to any other party (1) as to items that are in the possession, custody, or control of the party upon whom the request is served, to produce and permit the party making the request, or someone acting on the party's behalf, to inspect, copy, test or sample designated documents or electronically stored information (including writings, drawings, graphs, charts, photographs, sound recordings, images, and other data or data compilations stored in any medium from which information can be obtained, translated, if necessary, by the respondent through detection devices into reasonably usable form) or to inspect and copy, test, or sample any designated tangible things which constitute or contain matters within the scope of Rule 2-402 (a); or (2) to permit entry upon designated land or other property in the possession or control of the party upon whom the request is served for the purpose of inspection, measuring, surveying, photographing, testing, or sampling the property or any designated object or operation on the property, within the scope of Rule 2-402 (a). (b) Request. A request shall set forth the items to be inspected, either by individual item or by category; describe each item and category with reasonable particularity; and specify a reasonable time, place, and manner of making the inspection and performing the related acts. The request may specify the form in which electronically stored information is to be produced. (c) Response. The party to whom a request is directed shall serve a written response within 30 days after service of the request or within 15 days after the date on which that party's initial pleading or

motion is required, whichever is later. The response shall state, with respect to each item or category, that (1) inspection and related activities will be permitted as requested, (2) the request is refused, or (3) the request for production in a particular form is refused. The grounds for each refusal shall be fully stated. If the refusal relates to part of an item or category, the part shall be specified. If a refusal relates to the form in which electronically stored information is requested to be produced (or if no form was specified in the request) the responding party shall state the form in which it would produce the information. Cross references. -- See Rule 2-402 (b)(1) for a list of factors used by the court to determine the reasonableness of discovery requests and (b)(2) concerning the assessment of the costs of discovery. (d) Production. (1) A party who produces documents or electronically stored information for inspection shall (A) produce the documents or information as they are kept in the usual course of business or organize and label them to correspond with the categories in the request, and (B) produce electronically stored information in the form specified in the request or, if the request does not specify a form, in the form in which it is ordinarily maintained or in a form that is reasonably usable. (2) A party need not produce the same electronically stored information in more than one form. HISTORY: (Amended Mar. 22, 1991, effective July 1, 1991; Nov. 12, 2003, effective Jan. 1, 2004; Dec. 4, 2007, effective Jan. 1, 2008.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 400. DISCOVERY Md. Rule 2-423 (2012) Rule 2-423. Mental or physical examination of persons When the mental or physical condition or characteristic of a party or of a person in the custody or under the legal control of a party is in controversy, the court may order the party to submit to a mental or physical examination by a suitably licensed or certified examiner or to produce for examination the person in the custody or under the legal control of the party. The order may be entered only on motion for good cause shown and upon notice to the person to be examined and to all parties. It shall specify the time and place, manner, conditions, and scope of the examination and the person or persons by whom it is to be made. The order may regulate the filing and distribution of a report of findings and conclusions and the testimony at trial by the examiner, the payment of expenses, and any other relevant matters. HISTORY: (Amended July 23, 1997.)

MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 400. DISCOVERY Md. Rule 2-424 (2012) Rule 2-424. Admission of facts and genuineness of documents (a) Request for admission. A party may serve one or more written requests to any other party for the admission of (1) the genuineness of any relevant documents or electronically stored information described in or exhibited with the request, or (2) the truth of any relevant matters of fact set forth in the request. Copies of documents shall be served with the request unless they have been or are otherwise furnished or made available for inspection and copying. Each matter of which an admission is requested shall be separately set forth. (b) Response. Each matter of which an admission is requested shall be deemed admitted unless, within 30 days after service of the request or within 15 days after the date on which that party's initial pleading or motion is required, whichever is later, the party to whom the request is directed serves a response signed by the party or the party's attorney. As to each matter of which an admission is requested, the response shall set forth each request for admission and shall specify an objection, or shall admit or deny the matter, or shall set forth in detail the reason why the respondent cannot truthfully admit or deny it. The reasons for any objection shall be stated. A denial shall fairly meet the substance of the requested admission, and when good faith requires that a party qualify an answer or deny only a part of the matter of which an admission is requested, the party shall specify so much of it as is true and deny or qualify the remainder. A respondent may not give lack of information or knowledge as a reason for failure to admit or deny unless the respondent states that after reasonable inquiry the information known or readily obtainable by the respondent is insufficient to enable the respondent to admit or deny. A party who considers that a matter of which an admission is requested presents a genuine issue for trial may not, on that ground alone, object to the request but the party may, subject to the provisions of section (e) of this Rule, deny the matter or set forth reasons for not being able to admit or deny it. (c) Determination of sufficiency of response. The party who has requested the admission may file a motion challenging the timeliness of the response or the sufficiency of any answer or objection. A motion challenging the sufficiency of an answer or objection shall set forth (1) the request, (2) the answer or objection, and (3) the reasons why the answer or objection is insufficient. Unless the court determines that an objection is justified, it shall order that an answer be served. If the court determines that an answer does not comply with the requirements of this Rule, it may order either that the matter is admitted or that an amended answer be served. If the court determines that the response was served late, it may order the response stricken. The court may, in place of these orders, determine that final disposition of the request be made at a pretrial conference or at a designated time prior to trial. (d) Effect of admission. Any matter admitted under this Rule is conclusively established unless the court on motion permits withdrawal or amendment. The court may permit withdrawal or amendment if the court finds that it would assist the presentation of the merits of the action and the

party who obtained the admission fails to satisfy the court that withdrawal or amendment will prejudice that party in maintaining the action or defense on the merits. Any admission made by a party under this Rule is for the purpose of the pending action only and is not an admission for any other purpose, nor may it be used against that party in any other proceeding. (e) Expenses of failure to admit. If a party fails to admit the genuineness of any document or the truth of any matter as requested under this Rule and if the party requesting the admissions later proves the genuineness of the document or the truth of the matter, the party may move for an order requiring the other party to pay the reasonable expenses incurred in making the proof, including reasonable attorney's fees. The court shall enter the order unless it finds that (1) an objection to the request was sustained pursuant to section (c) of this Rule, or (2) the admission sought was of no substantial importance, or (3) the party failing to admit had reasonable ground to expect to prevail on the matter, or (4) there was other good reason for the failure to admit. HISTORY: (Amended Mar. 22, 1991, effective July 1, 1991; Nov. 12, 2003, effective Jan. 1, 2004; Dec. 4, 2007, effective Jan. 1, 2008.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 400. DISCOVERY Md. Rule 2-431 (2012) Rule 2-431. Certificate requirement A dispute pertaining to discovery need not be considered by the court unless the attorney seeking action by the court has filed a certificate describing the good faith attempts to discuss with the opposing attorney the resolution of the dispute and certifying that they are unable to reach agreement on the disputed issues. The certificate shall include the date, time, and circumstances of each discussion or attempted discussion.

MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 400. DISCOVERY Md. Rule 2-432 (2012) Rule 2-432. Motions upon failure to provide discovery (a) Immediate sanctions for certain failures of discovery. A discovering party may move for sanctions under Rule 2-433 (a), without first obtaining an order compelling discovery under section (b) of this Rule, if a party or any officer, director, or managing agent of a party or a person designated under Rule 2-412 (d) to testify on behalf of a party, fails to appear before the officer who is to take that person's deposition, after proper notice, or if a party fails to serve a response to interrogatories under Rule 2-421 or to a request for production or inspection under Rule 2-422, after proper service. Any such failure may not be excused on the ground that the discovery sought

is objectionable unless a protective order has been obtained under Rule 2-403. (b) For order compelling discovery. (1) When Available. A discovering party, upon reasonable notice to other parties and all persons affected, may move for an order compelling discovery if (A) there is a failure of discovery as described in section (a) of this Rule, (B) a deponent fails to answer a question asked in an oral or written deposition, (C) a corporation or other entity fails to make a designation under Rule 2-412 (d), (D) a party fails to answer an interrogatory submitted under Rule 2-421, (E) a party fails to comply with a request for production or inspection under Rule 2-422, (F) a party fails to supplement a response under Rule 2-401 (e), or (G) a nonparty deponent fails to produce tangible evidence without having filed written objection under Rule 2-510 (f). (2) Contents of Motion. A motion for an order compelling discovery shall set forth: the question, interrogatory, or request; and the answer or objection; and the reasons why discovery should be compelled. Instead of setting forth the questions and the answers or objections from a deposition, the relevant part of the transcript may be attached to the motion. The motion need not set forth the set of interrogatories or requests when no response has been served. If the court denies the motion in whole or in part, it may enter any protective order it could have entered on a motion pursuant to Rule 2-403. For purposes of this section, an evasive or incomplete answer is to be treated as a failure to answer. (c) By nonparty to compel production of statement. If a party fails to comply with a request of a nonparty made pursuant to Rule 2-402 (f) for production of a statement, the nonparty may move for an order compelling its production. (d) Time for filing. A motion for an order compelling discovery or for sanctions shall be filed with reasonable promptness. (e) Appropriate court. A motion for an order compelling discovery or for sanctions shall be filed with the court in which the action is pending, except that on matters relating to a deposition, the motion may be filed either with the court in which the action is pending or with the court in the county in which the deposition is being taken. HISTORY: (Amended Apr. 7, 1986, effective July 1, 1986; Mar. 22, 1991, effective July 1, 1991; June 10, 1997, effective July 1, 1997; Jan. 20, 1999, effective July 1, 1999; Nov. 12, 2003, effective Jan. 1, 2004; Dec. 4, 2007, effective Jan. 1, 2008.)

MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 400. DISCOVERY Md. Rule 2-433 (2012) Rule 2-433. Sanctions (a) For certain failures of discovery. Upon a motion filed under Rule 2-432 (a), the court, if it finds a failure of discovery, may enter such orders in regard to the failure as are just, including one or more of the following: (1) An order that the matters sought to be discovered, or any other designated facts shall be taken to be established for the purpose of the action in accordance with the claim of the party obtaining the order; (2) An order refusing to allow the failing party to support or oppose designated claims or defenses, or prohibiting that party from introducing designated matters in evidence; or (3) An order striking out pleadings or parts thereof, or staying further proceeding until the discovery is provided, or dismissing the action or any part thereof, or entering a judgment by default that includes a determination as to liability and all relief sought by the moving party against the failing party if the court is satisfied that it has personal jurisdiction over that party. If, in order to enable the court to enter default judgment, it is necessary to take an account or to determine the amount of damages or to establish the truth of any averment by evidence or to make an investigation of any matter, the court may rely on affidavits, conduct hearings or order references as appropriate, and, if requested, shall preserve to the plaintiff the right of trial by jury. Instead of any order or in addition thereto, the court, after opportunity for hearing, shall require the failing party or the attorney advising the failure to act or both of them to pay the reasonable expenses, including attorney's fees, caused by the failure, unless the court finds that the failure was substantially justified or that other circumstances make an award of expenses unjust. (b) For loss of electronically stored information. Absent exceptional circumstances, a court may not impose sanctions under these Rules on a party for failing to provide electronically stored information that is no longer available as a result of the routine, good-faith operations of an electronic information system. (c) For failure to comply with order compelling discovery. If a person fails to obey an order compelling discovery, the court, upon motion of a party and reasonable notice to other parties and all persons affected, may enter such orders in regard to the failure as are just, including one or more of the orders set forth in section (a) of this Rule. If justice cannot otherwise be achieved, the court may enter an order in compliance with Rule 15-206 treating the failure to obey the order as a contempt. (d) Award of expenses. If a motion filed under Rule 2-432 or under Rule 2-403 is granted, the

court, after opportunity for hearing, shall require the party or deponent whose conduct necessitated the motion or the party or the attorney advising the conduct or both of them to pay to the moving party the reasonable expenses incurred in obtaining the order, including attorney's fees, unless the court finds that the opposition to the motion was substantially justified or that other circumstances make an award of expenses unjust. If the motion is denied, the court, after opportunity for hearing, shall require the moving party or the attorney advising the motion or both of them to pay to the party or deponent who opposed the motion the reasonable expenses incurred in opposing the motion, including attorney's fees, unless the court finds that the making of the motion was substantially justified or that other circumstances make an award of expenses unjust. If the motion is granted in part and denied in part, the court may apportion the reasonable expenses incurred in relation to the motion among the parties and persons in a just manner. HISTORY: (Amended Nov. 22, 1989, effective Jan. 1, 1990; Jan. 20, 1999, effective July 1, 1999; November 12, 2003, effective January 1, 2004; Dec. 4, 2007, effective Jan. 1, 2008.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 400. DISCOVERY Md. Rule 2-434 (2012) Rule 2-434. Expenses for failure to pursue deposition (a) Failure of party giving notice to attend. If the party giving notice of the taking of a deposition on oral examination fails to attend and proceed and another party attends pursuant to the notice, the court may order the party giving the notice to pay to the other party the reasonable expenses incurred in attending, including reasonable attorney's fees. (b) Failure to subpoena witness. If the party giving notice of the taking of a deposition of a witness fails to serve a subpoena upon the witness who for that reason does not attend and another party attends pursuant to the notice, the court may order the party giving the notice to pay to the other party the reasonable expenses incurred in attending, including reasonable attorney's fees. MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 500. TRIAL Md. Rule 2-501 (2012) Rule 2-501. Motion for summary judgment (a) Motion. Any party may make a motion for summary judgment on all or part of an action on the ground that there is no genuine dispute as to any material fact and that the party is entitled to

judgment as a matter of law. The motion shall be supported by affidavit if it is (1) filed before the day on which the adverse party's initial pleading or motion is filed or (2) based on facts not contained in the record. Committee note. -- For an example of a summary judgment granted at trial, see Beyer v. Morgan State, 369 Md. 335 (2002). (b) Response. A response to a written motion for summary judgment shall be in writing and shall (1) identify with particularity each material fact as to which it is contended that there is a genuine dispute and (2) as to each such fact, identify and attach the relevant portion of the specific document, discovery response, transcript of testimony (by page and line), or other statement under oath that demonstrates the dispute. A response asserting the existence of a material fact or controverting any fact contained in the record shall be supported by an affidavit or other written statement under oath. (c) Form of affidavit. An affidavit supporting or opposing a motion for summary judgment shall be made upon personal knowledge, shall set forth such facts as would be admissible in evidence, and shall show affirmatively that the affiant is competent to testify to the matters stated in the affidavit. (d) Affidavit of defense not available. If the court is satisfied from the affidavit of a party opposing a motion for summary judgment that the facts essential to justify the opposition cannot be set forth for reasons stated in the affidavit, the court may deny the motion or may order a continuance to permit affidavits to be obtained or discovery to be conducted or may enter any other order that justice requires. (e) Contradictory Affidavit or Statement. (1) A party may file a motion to strike an affidavit or other statement under oath to the extent that it contradicts any prior sworn statement of the person making the affidavit or statement. Prior sworn statements include (A) testimony at a prior hearing, (B) an answer to an interrogatory, and (C) deposition testimony that has not been corrected by changes made within the time allowed by Rule 2-415. (2) If the court finds that the affidavit or other statement under oath materially contradicts the prior sworn statement, the court shall strike the contradictory part unless the court determines that (A) the person reasonably believed the prior statement to be true based on facts known to the person at the time the prior statement was made, and (B) the statement in the affidavit or other statement under oath is based on facts that were not known to the person and could not reasonably have been known to the person at the time the prior statement was made or, if the prior statement was made in a deposition, within the time allowed by Rule 2-415 (d) for correcting the deposition. (f) Entry of judgment. The court shall enter judgment in favor of or against the moving party if the motion and response show that there is no genuine dispute as to any material fact and that the party in whose favor judgment is entered is entitled to judgment as a matter of law. By order pursuant to Rule 2-602 (b), the court may direct entry of judgment (1) for or against one or more but less than all of the parties to the action, (2) upon one or more but less than all of the claims presented by a

party to the action, or (3) for some but less than all of the amount requested when the claim for relief is for money only and the court reserves disposition of the balance of the amount requested. If the judgment is entered against a party in default for failure to appear in the action, the clerk promptly shall send a copy of the judgment to that party at the party's last known address appearing in the court file. Cross references. -- Section 521 of the Servicemembers Civil Relief Act, 50 U.S.C. app. 501 et seq., imposes specific requirements that must be fulfilled before a default judgment may be entered. (g) Order specifying issues or facts not in dispute. When a ruling on a motion for summary judgment does not dispose of the entire action and a trial is necessary, the court may enter an order specifying the issues or facts that are not in genuine dispute. The order controls the subsequent course of the action but may be modified by the court to prevent manifest injustice. HISTORY: (Amended Apr. 8, 1985; Apr. 7, 1986, effective July 1, 1986; Mar. 22, 1991, effective July 1, 1991; Dec. 8, 2003, effective July 1, 2004; June 16, 2009, effective June 17, 2009.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 500. TRIAL Md. Rule 2-502 (2012) Rule 2-502. Separation of questions for decision by court If at any stage of an action a question arises that is within the sole province of the court to decide, whether or not the action is triable by a jury, and if it would be convenient to have the question decided before proceeding further, the court, on motion or on its own initiative, may order that the question be presented for decision in the manner the court deems expedient. In resolving the question, the court may accept facts stipulated by the parties, may find facts after receiving evidence, and may draw inferences from these facts. The proceedings and decisions of the court shall be on the record, and the decisions shall be reviewable upon appeal after entry of an appealable order or judgment. MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 500. TRIAL Md. Rule 2-503 (2012) Rule 2-503. Consolidation; separate trials (a) Consolidation. (1) When permitted. When actions involve a common question of law or fact or a common subject matter, the court, on motion or on its own initiative, may order a joint hearing or trial or

consolidation of any or all of the claims, issues, or actions. An action instituted in the District Court may be consolidated with an action pending in a circuit court under the circumstances described in Code, Courts Article, 6-104 (b). The court may enter any order regulating the proceeding, including the filing and serving of papers, that will tend to avoid unnecessary costs or delay. (2) Verdict or judgment. In the trial of a consolidated action, the court may direct that joint or separate verdicts or judgments be entered. (b) Separate trials. In furtherance of convenience or to avoid prejudice, the court, on motion or on its own initiative, may order a separate trial of any claim, counterclaim, cross-claim, or third-party claim, or of any separate issue, or of any number of claims, counterclaims, cross-claims, thirdparty claims, or issues. MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 500. TRIAL Md. Rule 2-504 (2012) Rule 2-504. Scheduling order (a) Order required. (1) Unless otherwise ordered by the County Administrative Judge for one or more specified categories of actions, the court shall enter a scheduling order in every civil action, whether or not the court orders a scheduling conference pursuant to Rule 2-504.1. (2) The County Administrative Judge shall prescribe the general format of scheduling orders to be entered pursuant to this Rule. A copy of the prescribed format shall be furnished to the Chief Judge of the Court of Appeals. (3) Unless the court orders a scheduling conference pursuant to Rule 2-504.1, the scheduling order shall be entered as soon as practicable, but no later than 30 days after an answer is filed by any defendant. If the court orders a scheduling conference, the scheduling order shall be entered promptly after conclusion of the conference. (b) Contents of scheduling order. (1) Required. A scheduling order shall contain: (A) an assignment of the action to an appropriate scheduling category of a differentiated case management system established pursuant to Rule 16-202; (B) one or more dates by which each party shall identify each person whom the party expects to call as an expert witness at trial, including all information specified in Rule 2-402 (g) (1);

(C) one or more dates by which each party shall file the notice required by Rule 2-504.3 (b) concerning computer-generated evidence; (D) a date by which all discovery must be completed; (E) a date by which all dispositive motions must be filed, which shall be no earlier than 15 days after the date by which all discovery must be completed; (F) a date by which any additional parties must be joined; (G) a date by which amendments to the pleadings are allowed as of right; and (H) any other matter resolved at a scheduling conference held pursuant to Rule 2-504.1. (2) Permitted. A scheduling order may also contain: (A) any limitations on discovery otherwise permitted under these rules, including reasonable limitations on the number of interrogatories, depositions, and other forms of discovery; (B) the resolution of any disputes existing between the parties relating to discovery; (C) a specific referral to or direction to pursue an available and appropriate form of alternative dispute resolution, including a requirement that individuals with authority to settle be present or readily available for consultation during the alternative dispute resolution proceeding, provided that the referral or direction conforms to the limitations of Rule 2-504.1 (e); (D) an order designating or providing for the designation of a neutral expert to be called as the court's witness; (E) in an action involving child custody or child access, an order appointing child's counsel in accordance with Rule 9-205.1; (F) a further scheduling conference or pretrial conference date; (G) provisions for discovery of electronically stored information; (H) a process by which the parties may assert claims of privilege or of protection after production; and (I) any other matter pertinent to the management of the action. (c) Modification of order. The scheduling order controls the subsequent course of the action but shall be modified by the court to prevent injustice. HISTORY: (Added June 7, 1994, effective Oct. 1, 1994; amended June 10, 1997, effective July 1,

1997; Feb. 10, 1998, effective July 1, 1998; Oct. 5, 1998, effective Jan. 1, 1999; Nov. 12, 2003, effective Jan. 1, 2004; May 8, 2007, effective July 1, 2007; Dec. 4, 2007, effective Jan. 1, 2008.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 500. TRIAL Md. Rule 2-504.1 (2012) Rule 2-504.1. Scheduling conference (a) When required. In any of the following circumstances, the court shall issue an order requiring the parties to attend a scheduling conference: (1) in an action placed or likely to be placed in a scheduling category for which the case management plan adopted pursuant to Rule 16-202 b requires a scheduling conference; (2) in an action in which an objection to computer-generated evidence is filed under Rule 2-504.3 (d); or (3) in an action, in which a party requests a scheduling conference and represents that, despite a good faith effort, the parties have been unable to reach an agreement (i) on a plan for the scheduling and completion of discovery, (ii) on the proposal of any party to pursue an available and appropriate form of alternative dispute resolution, or (iii) on any other matter eligible for inclusion in a scheduling order under Rule 2-504. (b) When permitted. The court may issue an order in any action requiring the parties to attend a scheduling conference. (c) Order for scheduling conference. An order setting a scheduling conference may require that the parties, at least ten days before the conference: (1) complete sufficient initial discovery to enable them to participate in the conference meaningfully and in good faith and to make decisions regarding (A) settlement, (B) consideration of available and appropriate forms of alternative dispute resolution, (C) limitation of issues, (D) stipulations, (E) any issues relating to preserving discoverable information, (F) any issues relating to discovery of electronically stored information, including the form in which it is to be produced, (G) any issues relating to claims of privilege or of protection, and (H) other matters that may be considered at the conference; and (2) confer in person or by telephone and attempt to reach agreement or narrow the areas of disagreement regarding the matters that may be considered at the conference and determine whether the action or any issues in the action are suitable for referral to an alternative dispute resolution process in accordance with Title 17, Chapter 100 of these rules. Committee note. -- Examples of matters that may be considered at a scheduling conference when

discovery of electronically stored information is expected, include: (1) its identification and retention; (2) the form of production, such as PDF, TIFF, or JPEG files, or native form, for example, Microsoft Word, Excel, etc.; (3) the manner of production, such as CD-ROM; (4) any production of indices; (5) any electronic numbering of documents and information; (6) apportionment of costs for production of electronically stored information not reasonably accessible because of undue burden or cost; (7) a process by which the parties may assert claims of privilege or of protection after production; and (8) whether the parties agree to refer discovery disputes to a master or Special Master. The parties may also need to address any request for metadata, for example, information embedded in an electronic data file that describes how, when, and by whom it was created, received, accessed, or modified or how it is formatted. For a discussion of metadata and factors to consider in determining the extent to which metadata should be preserved and produced in a particular case, see, The Sedona Conference, The Sedona Principles: Best Practices Recommendations and Principles for Addressing Electronic Document Production, (2d ed. 2007), Principle 12 and related Comment. (d) Time and method of holding conference. Except (1) upon agreement of the parties, (2) upon a finding of good cause by the court, or (3) in an action assigned to a family division under Rule 16204 (a) (2), a scheduling conference shall not be held earlier than 30 days after the date of the order. If the court requires the completion of any discovery pursuant to section (c) of this Rule, it shall afford the parties a reasonable opportunity to complete the discovery. The court may hold a scheduling conference in chambers, in open court, or by telephone or other electronic means. (e) Scheduling order. Case management decisions made by the court at or as a result of a scheduling conference shall be included in a scheduling order entered pursuant to Rule 2-504. A court may not order a party or counsel for a party to participate in an alternative dispute resolution process under Rule 2-504 except in accordance with Rule 9-205 or Rule 17-103. HISTORY: (Added June 7, 1994, effective Oct. 1, 1994; amended June 10, 1997, effective July 1, 1997; Feb. 10, 1998, effective July 1, 1998; Oct. 5, 1998, effective Jan. 1, 1999; Mar. 5, 2001, effective July 1, 2001; Dec. 4, 2007, effective Jan. 1, 2008.)

MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 500. TRIAL Md. Rule 2-504.2 (2012) Rule 2-504.2. Pretrial conference (a) Generally. The court, on motion or on its own initiative, may direct all parties to appear before it for a conference before trial. If the court directs, each party shall file not later than five days before the conference a written statement addressing the matters listed in section (b) of this Rule. (b) Matters to be considered. The following matters may be considered at a pretrial conference: (1) A brief statement by each plaintiff of the facts to be relied on in support of a claim; (2) A brief statement by each defendant of the facts to be relied on as a defense to a claim; (3) Similar statements as to any counterclaims, cross-claim, or third-party claim; (4) Any amendments required of the pleadings; (5) Simplification or limitation of issues; (6) Stipulations of fact or, if unable to agree, a statement of matters of which any party requests an admission; (7) The details of the damage claimed or any other relief sought as of the date of the pretrial conference; (8) A listing of the documents and records to be offered in evidence by each party at the trial, other than those expected to be used solely for impeachment, indicating which documents the parties agree may be offered in evidence without the usual authentication and separately identifying those that the party may offer only if the need arises; (9) A listing by each party of the name, address, and telephone number of each non-expert whom the party expects to call as a witness at trial (other than those expected to be used solely for impeachment) separately identifying those whom the party may call only if the need arises; (10) A listing by each party of those witnesses whose testimony is expected to be presented by means of a deposition (other than those expected to be used solely for impeachment) and a transcript of the pertinent portions of any deposition testimony that was not taken stenographically; (11) A listing by each party of the names and specialties of experts the party proposes to call as witnesses;

(12) Any other matter that the party wishes to raise at the conference. (c) Pretrial order. The court shall enter an order that recites in detail the decisions made at the conference. The order controls the subsequent course of the action but may be modified by the court to prevent manifest injustice. HISTORY: (Added June 7, 1994, effective Oct. 1, 1994; Nov. 12, 2003, effective Jan. 1, 2004.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 500. TRIAL Md. Rule 2-504.3 (2012) Rule 2-504.3. Computer-generated evidence (a) Definition--computer-generated evidence. "Computer-generated evidence" means (1) a computer-generated aural, visual, or other sensory depiction of an event or thing and (2) a conclusion in aural, visual, or other sensory form formulated by a computer program or model. The term does not encompass photographs merely because they were taken by a camera that contains a computer; documents merely because they were generated on a word or text processor; business, personal, or other records or documents admissible under Rule 5-803 (b) merely because they were generated by computer; or summary evidence admissible under Rule 5-1006, spread sheets, or other documents merely presenting or graphically depicting data taken directly from business, public, or other records admissible under Rules 5-802.1 through 5-804. (b) Notice. (1) Except as provided in subsection (b) (2) of this Rule, any party who intends to use computergenerated evidence at trial for any purpose shall file a written notice within the time provided in the scheduling order or no later than 90 days before trial if there is no scheduling order that: (A) contains a descriptive summary of the computer-generated evidence the party intends to use, including (i) a statement as to whether the computer-generated evidence intended to be used is in the category described in subsection (a) (1) or subsection (a) (2) of this Rule, (ii) a description of the subject matter of the computer-generated evidence, and (iii) a statement of what the computergenerated evidence purports to prove or illustrate; and (B) is accompanied by a written undertaking that the party will take all steps necessary to (i) make available any equipment or other facility needed to present the evidence in court, (ii) preserve the computer-generated evidence and furnish it to the clerk in a manner suitable for transmittal as a part of the record on appeal, and (iii) comply with any request by an appellate court for presentation of the computer-generated evidence to that court. (2) Any party who intends to use computer-generated evidence at trial for purposes of impeachment or rebuttal shall file, as soon as practicable, the notice required by subsection (b) (1)

of this Rule, except that the notice is not required if computer-generated evidence prepared by or on behalf of a party-opponent will be used by a party only for impeachment of other evidence introduced by that party-opponent. In addition, the notice is not required if computer-generated evidence prepared by or on behalf of a party-opponent will be used only as a statement by a partyopponent admissible under Rule 5-803 (a). (c) Required disclosure; additional discovery. Within five days after service of a notice under section (b) of this Rule, the proponent shall make the computer-generated evidence available to any party. Notwithstanding any provision of the scheduling order to the contrary, the filing of a notice of intention to use computer-generated evidence entitles any other party to a reasonable period of time to discover any relevant information needed to oppose the use of the computergenerated evidence before the court holds the hearing provided for in section (e) of this Rule. (d) Objection. Not later than 60 days after service of a notice under section (b) of this Rule, a party may file any then-available objection that the party has to the use at trial of the computer-generated evidence and shall file any objection that is based upon an assertion that the computer-generated evidence does not meet the requirements of Rule 5-901 (b) (9). An objection based on the alleged failure to meet the requirements of Rule 5-901 (b) (9) is waived if not so filed, unless the court for good cause orders otherwise. (e) Hearing and order. If an objection is filed under section (d) of this Rule, the court shall hold a pretrial hearing on the objection. If the hearing is an evidentiary hearing, the court may appoint an expert to assist the court in ruling on the objection and may assess against one or more parties the reasonable fees and expenses of the expert. In ruling on the objection, the court may require modification of the computer-generated evidence and may impose conditions relating to its use at trial. The court's ruling on the objection shall control the subsequent course of the action. If the court rules that the computer-generated evidence may be used at trial, when it is used, (1) any party may, but need not, present any admissible evidence that was presented at the hearing on the objection, and (2) the party objecting to the evidence is not required to re-state an objection made in writing or at the hearing in order to preserve that objection for appeal. If the court excludes or restricts the use of computer-generated evidence, the proponent need not make a subsequent offer of proof in order to preserve that ruling for appeal. (f) Preservation of computer-generated evidence. A party who offers or uses computer-generated evidence at any proceeding shall preserve the computer-generated evidence, furnish it to the clerk in a manner suitable for transmittal as a part of the record on appeal, and present the computergenerated evidence to an appellate court if the court so requests. HISTORY: (Added Feb. 10, 1998, effective July 1, 1998; amended Sept. 10, 2009, effective Oct. 1, 2009.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 500. TRIAL Md. Rule 2-504.3 (2012)

Rule 2-504.3. Computer-generated evidence (a) Definition--computer-generated evidence. "Computer-generated evidence" means (1) a computer-generated aural, visual, or other sensory depiction of an event or thing and (2) a conclusion in aural, visual, or other sensory form formulated by a computer program or model. The term does not encompass photographs merely because they were taken by a camera that contains a computer; documents merely because they were generated on a word or text processor; business, personal, or other records or documents admissible under Rule 5-803 (b) merely because they were generated by computer; or summary evidence admissible under Rule 5-1006, spread sheets, or other documents merely presenting or graphically depicting data taken directly from business, public, or other records admissible under Rules 5-802.1 through 5-804. (b) Notice. (1) Except as provided in subsection (b) (2) of this Rule, any party who intends to use computergenerated evidence at trial for any purpose shall file a written notice within the time provided in the scheduling order or no later than 90 days before trial if there is no scheduling order that: (A) contains a descriptive summary of the computer-generated evidence the party intends to use, including (i) a statement as to whether the computer-generated evidence intended to be used is in the category described in subsection (a) (1) or subsection (a) (2) of this Rule, (ii) a description of the subject matter of the computer-generated evidence, and (iii) a statement of what the computergenerated evidence purports to prove or illustrate; and (B) is accompanied by a written undertaking that the party will take all steps necessary to (i) make available any equipment or other facility needed to present the evidence in court, (ii) preserve the computer-generated evidence and furnish it to the clerk in a manner suitable for transmittal as a part of the record on appeal, and (iii) comply with any request by an appellate court for presentation of the computer-generated evidence to that court. (2) Any party who intends to use computer-generated evidence at trial for purposes of impeachment or rebuttal shall file, as soon as practicable, the notice required by subsection (b) (1) of this Rule, except that the notice is not required if computer-generated evidence prepared by or on behalf of a party-opponent will be used by a party only for impeachment of other evidence introduced by that party-opponent. In addition, the notice is not required if computer-generated evidence prepared by or on behalf of a party-opponent will be used only as a statement by a partyopponent admissible under Rule 5-803 (a). (c) Required disclosure; additional discovery. Within five days after service of a notice under section (b) of this Rule, the proponent shall make the computer-generated evidence available to any party. Notwithstanding any provision of the scheduling order to the contrary, the filing of a notice of intention to use computer-generated evidence entitles any other party to a reasonable period of time to discover any relevant information needed to oppose the use of the computergenerated evidence before the court holds the hearing provided for in section (e) of this Rule.

(d) Objection. Not later than 60 days after service of a notice under section (b) of this Rule, a party may file any then-available objection that the party has to the use at trial of the computer-generated evidence and shall file any objection that is based upon an assertion that the computer-generated evidence does not meet the requirements of Rule 5-901 (b) (9). An objection based on the alleged failure to meet the requirements of Rule 5-901 (b) (9) is waived if not so filed, unless the court for good cause orders otherwise. (e) Hearing and order. If an objection is filed under section (d) of this Rule, the court shall hold a pretrial hearing on the objection. If the hearing is an evidentiary hearing, the court may appoint an expert to assist the court in ruling on the objection and may assess against one or more parties the reasonable fees and expenses of the expert. In ruling on the objection, the court may require modification of the computer-generated evidence and may impose conditions relating to its use at trial. The court's ruling on the objection shall control the subsequent course of the action. If the court rules that the computer-generated evidence may be used at trial, when it is used, (1) any party may, but need not, present any admissible evidence that was presented at the hearing on the objection, and (2) the party objecting to the evidence is not required to re-state an objection made in writing or at the hearing in order to preserve that objection for appeal. If the court excludes or restricts the use of computer-generated evidence, the proponent need not make a subsequent offer of proof in order to preserve that ruling for appeal. (f) Preservation of computer-generated evidence. A party who offers or uses computer-generated evidence at any proceeding shall preserve the computer-generated evidence, furnish it to the clerk in a manner suitable for transmittal as a part of the record on appeal, and present the computergenerated evidence to an appellate court if the court so requests. HISTORY: (Added Feb. 10, 1998, effective July 1, 1998; amended Sept. 10, 2009, effective Oct. 1, 2009.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 500. TRIAL Md. Rule 2-506 (2012) Rule 2-506. Voluntary dismissal (a) By notice of dismissal or stipulation. Except as otherwise provided in these rules or by statute, a party who has filed a complaint, counterclaim, cross-claim, or third-party claim may dismiss all or part of the claim without leave of court by filing (1) a notice of dismissal at any time before the adverse party files an answer or (2) by filing a stipulation of dismissal signed by all parties to the claim being dismissed. (b) By order of court. Except as provided in section (a) of this Rule, a party who has filed a complaint, counterclaim, cross-claim, or third-party claim may dismiss the claim only by order of court and upon such terms and conditions as the court deems proper. If a counterclaim has been filed before the filing of a plaintiff's motion for voluntary dismissal, the action shall not be dismissed over the objection of the party who filed the counterclaim unless the counterclaim can

remain pending for independent adjudication by the court. (c) Effect. Unless otherwise specified in the notice of dismissal, stipulation, or order of court, a dismissal is without prejudice, except that a notice of dismissal operates as an adjudication upon the merits when filed by a party who has previously dismissed in any court of any state or in any court of the United States an action based on or including the same claim. (d) Costs. Unless otherwise provided by stipulation or order of court, the dismissing party is responsible for all costs of the action or the part dismissed. HISTORY: (Amended Nov. 12, 2003, effective Jan. 1, 2004; amended Nov. 8, 2005, effective Jan. 1, 2006.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 500. TRIAL Md. Rule 2-507 (2012) Rule 2-507. Dismissal for lack of jurisdiction or prosecution (a) Scope. This Rule applies to all actions except actions involving the military docket and continuing trusts or guardianships. (b) For lack of jurisdiction. An action against any defendant who has not been served or over whom the court has not otherwise acquired jurisdiction is subject to dismissal as to that defendant at the expiration of 120 days from the issuance of original process directed to that defendant. (c) For lack of prosecution. An action is subject to dismissal for lack of prosecution at the expiration of one year from the last docket entry, other than an entry made under this Rule, Rule 2131, or Rule 2-132, except that an action for limited divorce or for permanent alimony is subject to dismissal under this section only after two years from the last such docket entry. (d) Notification of contemplated dismissal. When an action is subject to dismissal pursuant to this Rule, the clerk, upon written request of a party or upon the clerk's own initiative, shall serve a notice on all parties pursuant to Rule 1-321 that an order of dismissal for lack of jurisdiction or prosecution will be entered after the expiration of 30 days unless a motion is filed under section (e) of this Rule. (e) Deferral of dismissal. On motion filed at any time before 30 days after service of the notice, the court for good cause shown may defer entry of the order of dismissal for the period and on the terms it deems proper. (f) Entry of dismissal. If a motion has not been filed under section (e) of this Rule, the clerk shall enter on the docket "Dismissed for lack of jurisdiction or prosecution without prejudice" 30 days after service of the notice. If a motion is filed and denied, the clerk shall make the entry promptly

after the denial. HISTORY: (Amended June 3, 1988, effective July 1, 1988; June 7, 1994, effective Oct. 1, 1994.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 500. TRIAL Md. Rule 2-508 (2012) Rule 2-508. Continuance (a) Generally. On motion of any party or on its own initiative, the court may continue a trial or other proceeding as justice may require. (b) Discovery not completed. When an action has been assigned a trial date, the trial shall not be continued on the ground that discovery has not yet been completed, except for good cause shown. (c) Absent witness. A motion for a continuance on the ground that a necessary witness is absent shall be supported by an affidavit. The affidavit shall state: (1) the intention of the affiant to call the witness at the proceeding, (2) the specific facts to which the witness is expected to testify, (3) the reasons why the matter cannot be determined with justice to the party without the evidence, (4) the facts that show that reasonable diligence has been employed to obtain the attendance of the witness, and (5) the facts that lead the affiant to conclude that the attendance or testimony of the witness can be obtained within a reasonable time. The court may examine the affiant under oath as to any of the matters stated in the affidavit and as to the information or knowledge relied upon by the affiant in determining those facts to which the witness is expected to testify. If satisfied that a sufficient showing has been made, the court shall continue the proceeding unless the opposing party elects to stipulate that the absent witness would, if present, testify to the facts stated in the affidavit, in which event the court may deny the motion. (d) Legislative privilege. Upon request of an attorney of record who is a member or desk officer of the General Assembly, a proceeding that is scheduled during the period of time commencing five days before the legislative session convenes and ending ten days after its adjournment shall be continued. Upon request of an attorney of record who is a member of the Legislative Policy Committee or one of its committees or subcommittees or a member of a committee or subcommittee of the State legislature functioning during the legislative interim, a proceeding that is scheduled on the day of a meeting of the Committee or subcommittee shall be continued. When a brief or memorandum of law is required to be filed in a proceeding to be continued under the provisions of this section, the proceeding shall be continued for a time sufficient to allow it to be prepared and filed. (e) Costs. When granting a continuance for a reason other than one stated in section (d), the court may assess costs and expenses occasioned by the continuance. HISTORY: (Amended Sept. 10, 2009, effective Oct. 1, 2009.)

MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 500. TRIAL Md. Rule 2-509 (2012) Rule 2-509. Jury trial -- Special costs in First, Second, and Fourth Judicial Circuits (a) Application. This Rule applies only in the First, Second, and Fourth Judicial Circuits. (b) Special costs imposed. When a jury trial is removed from the assignment at the initiative of a party for any reason within the 48 hour period, not including Saturdays, Sundays, and holidays, prior to 10:00 a.m. on the date scheduled, the court in its discretion may assess as costs against a party or parties an amount equal to the total reimbursement paid to qualified jurors who reported and were not otherwise used. The clerk shall remit to the county the costs received pursuant to this section. The County Administrative Judge may waive assessment of these costs for good cause shown. HISTORY: (Amended Nov. 23, 1988, effective Jan. 1, 1989; Dec. 10, 1996, effective Jan. 1, 1997; Dec. 16, 1999, effective Jan. 1, 2000; Dec. 4, 2007, effective Jan. 1, 2008.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 500. TRIAL Md. Rule 2-509 (2012) Rule 2-509. Jury trial -- Special costs in First, Second, and Fourth Judicial Circuits (a) Application. This Rule applies only in the First, Second, and Fourth Judicial Circuits. (b) Special costs imposed. When a jury trial is removed from the assignment at the initiative of a party for any reason within the 48 hour period, not including Saturdays, Sundays, and holidays, prior to 10:00 a.m. on the date scheduled, the court in its discretion may assess as costs against a party or parties an amount equal to the total reimbursement paid to qualified jurors who reported and were not otherwise used. The clerk shall remit to the county the costs received pursuant to this section. The County Administrative Judge may waive assessment of these costs for good cause shown. HISTORY: (Amended Nov. 23, 1988, effective Jan. 1, 1989; Dec. 10, 1996, effective Jan. 1, 1997; Dec. 16, 1999, effective Jan. 1, 2000; Dec. 4, 2007, effective Jan. 1, 2008.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 500. TRIAL

Md. Rule 2-511 (2012) Rule 2-511. Trial by jury (a) Right preserved. The right of trial by jury as guaranteed by the Maryland Constitution and the Maryland Declaration of Rights or as provided by law shall be preserved to the parties inviolate. (b) Number of jurors. The jury shall consist of six persons. With the approval of the court, the parties may agree to accept a verdict from fewer than six jurors if during the trial one or more of the six jurors becomes or is found to be unable or disqualified to perform a juror's duty. (c) Separation of jury. The court, either before or after submission of the case to the jury, may permit the jurors to separate or require that they be sequestered. (d) Advisory verdicts disallowed. Issues of fact not triable of right by a jury shall be decided by the court and may not be submitted to a jury for an advisory verdict. HISTORY: (Amended Feb. 8, 1993; Nov. 12, 2003, effective Jan. 1, 2004; Dec. 4, 2007, effective Jan. 1, 2008.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 500. TRIAL Md. Rule 2-512 (2012) Rule 2-512. Jury selection (a) Jury size and challenge to the array. (1) Size. Before a trial begins, the judge shall decide (A) the required number of sworn jurors, including any alternates, and (B) the size of the array of qualified jurors needed. Cross references. -- See Code, Courts Article, 8-421 (b). (2) Insufficient array. If the array is insufficient for jury selection, the trial judge may direct that additional qualified jurors be summoned at random from the qualified juror pool as provided by statute. (3) Challenge to the array. A party may challenge the array on the ground that its members were not selected or summoned according to law, or on any other ground that would disqualify the array as a whole. A challenge to the array shall be made and determined before any individual member of the array is examined, except that the trial judge for good cause may permit the challenge to be made after the jury is sworn but before any evidence is received. (b) General requirements. All individuals to be impanelled on the jury, including any alternates,

shall be selected in the same manner, have the same qualifications, and be subject to the same examination. (c) Jury list. (1) Contents. Before the examination of qualified jurors, each party shall be provided with a list that includes each juror's name, address, age, sex, education, occupation, spouse's occupation, and any other information required by the Rule. Unless the trial judge orders otherwise, the address shall be limited to the city or town and zip code and shall not include the street address or box number. (2) Dissemination. (A) Allowed. A party may provide the jury list to any person employed by the party to assist in jury selection. With permission of the trial judge, the list may be disseminated to other individuals such as the courtroom clerk or court reporter for use in carrying out official duties. (B) Prohibited. Unless the trial judge orders otherwise, a party and any other person to whom the jury list is provided in accordance with subsection (c) (2) (A) of this Rule may not disseminate the list or the information contained on the list to any other person. (3) Not part of the case record; exception. Unless the court orders otherwise, copies of jury lists shall be returned to the jury commissioner. Unless marked for identification and offered in evidence pursuant to Rule 2-516, a jury list is not part of the case record. Cross references. -- See Rule 16-1009 concerning motions to seal or limit inspection of a case record. (d) Examination and challenges for cause. (1) Examination. The trial judge may permit the parties to conduct an examination of qualified jurors or may conduct the examination after considering questions proposed by the parties. If the judge conducts the examination, the judge may permit the parties to supplement the examination by further inquiry or may submit to the jurors additional questions proposed by the parties. The jurors' responses to any examination shall be under oath. On request of any party, the judge shall direct the clerk to call the roll of the array and to request each qualified juror to stand and be identified when called. (2) Challenge for cause. A party may challenge an individual qualified juror for cause. A challenge for cause shall be made and determined before the jury is sworn, or thereafter for good cause shown. (e) Peremptory challenges. (1) Designation of qualified jurors; order of selection. Before the exercise of peremptory challenges, the trial judge shall designate those individuals on the jury list who remain qualified

after examination. The number designated shall be sufficient to provide the required number of sworn jurors, including any alternates, after allowing for the exercise of peremptory challenges. The trial judge shall at the same time prescribe the order to be followed in selecting individuals from the list. (2) Number; exercise of peremptory challenges. Each party is permitted four peremptory challenges plus one peremptory challenge for each group of three or less alternates to be impanelled. For purposes of this section, all plaintiffs shall be considered as a single party and all defendants shall be considered as a single party unless the trial judge determines that adverse or hostile interests between plaintiffs or between defendants justify allowing one or more of them the separate peremptory challenges available to a single party. The parties shall simultaneously exercise their peremptory challenges by striking names from a copy of the jury list. (f) Impanelled jury. (1) Impanelling. The individuals to be impanelled as sworn jurors, including any alternates, shall be called from the qualified jurors remaining on the jury list in the order previously designated by the trial judge and shall be sworn. (2) Oath; functions, powers, facilities, and privileges. All sworn jurors, including any alternates, shall take the same oath and, until discharged from jury service, have the same functions, powers, facilities, and privileges. (3) Discharge of jury member. At any time before the jury retires to consider its verdict, the trial judge may replace any jury member whom the trial judge finds to be unable or disqualified to perform jury service with an alternate in the order of selection set under subsection (e) (1). When the jury retires to consider its verdict, the trial judge shall discharge any remaining alternates who did not replace another jury member. (g) Foreperson. The trial judge shall designate a sworn juror as foreperson. HISTORY: (Amended May 4, 1988; Dec. 4, 2007, effective Jan. 1, 2008.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 500. TRIAL Md. Rule 2-513 (2012) Rule 2-513. Testimony taken by telephone. (a) Definition. In this Rule, "telephone" means a landline telephone and does not include a cellular phone. (b) When testimony taken by telephone allowed; applicability. A court may allow the testimony of a witness to be taken by telephone (1) upon stipulation by the parties or (2) subject to sections (e)

and (f) of this Rule, on motion of a party to the action and for good cause shown. This Rule applies only to testimony by telephone and does not preclude testimony by other remote means allowed by law or, with the approval of the court, agreed to by the parties. Cross references. -- For an example of testimony by other means allowed by law, see Code, Family Law Article, 9.5-110. (c) Time for filing motion. Unless for good cause shown the court allows the motion to be filed later, a motion to take the testimony of a witness by telephone shall be filed at least 30 days before the trial or hearing at which the testimony is to be offered. (d) Contents of motion. The motion shall state the witness's name and, unless excused by the court: (1) the address and telephone number of the witness; (2) the subject matter of the witness's expected testimony; (3) the reasons why testimony taken by telephone should be allowed, including any circumstances listed in section (e) of this Rule; (4) the location from which the witness will testify; (5) whether there will be any other individual present in the room with the witness while the witness is testifying and, if so, the reason for the individual's presence and the individual's name, if known; and (6) whether transmission of the witness's testimony will be from a wired handset, a wireless handset connected to the landline, or a speaker phone. (e) Good cause. A court may find that there is good cause to allow the testimony of a witness to be taken by telephone if: (1) the witness is otherwise unavailable to appear because of age, infirmity, or illness; (2) personal appearance of the witness cannot be secured by subpoena or other reasonable means; (3) a personal appearance would be an undue hardship to the witness; or (4) there are any other circumstances that constitute good cause for allowing the testimony of the witness to be taken by telephone. Committee note. -- This section applies to the witness's unavailability to appear personally in court, not to the witness's unavailability to testify. (f) When testimony taken by telephone is prohibited. If a party objects, a court shall not allow the testimony of a witness to be taken by telephone unless the court finds that:

(1) the witness is not a party and will not be testifying as an expert; (2) the testimony is not to be offered in a jury trial; (3) the demeanor and credibility of the witness are not likely to be critical to the outcome of the proceeding; (4) the issue or issues about which the witness is to testify are not likely to be so determinative of the outcome of the proceeding that the opportunity for face-to-face cross-examination is needed; (5) a deposition taken under these Rules is not a fairer way to present the testimony; (6) the exhibits or documents about which the witness is to testify are not so voluminous that testimony by telephone is impractical; (7) adequate facilities for taking the testimony by telephone are available; (8) failure of the witness to appear in person is not likely to cause substantial prejudice to a party; and (9) no other circumstance requires the personal appearance of the witness. (g) Use of deposition. A deposition of a witness whose testimony is received by telephone may be used by any party for any purpose for which the deposition could have been used had the witness appeared in person. (h) Costs. Unless the court orders otherwise for good cause, all costs of testimony taken by telephone shall be paid by the movant and may not be charged to any other party. HISTORY: (Added March 9, 2010, effective July 1, 2010.)

MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 500. TRIAL Md. Rule 2-514 (2012) Rule 2-514. When court may require production of evidence When it appears to the court at a hearing or trial that the attendance or testimony of any person or the production of any document or tangible thing not produced by any party is necessary for the purpose of justice, the court (a) may order any party to produce the document or tangible thing for inspection by the court or jury, or (b) may issue a subpoena for the production of the person, document, or tangible thing; and in either event the court may continue the hearing or trial to allow

compliance with the order or subpoena, upon such conditions as to time, notice, cost, and security as the court deems proper. MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 500. TRIAL Md. Rule 2-515 (2012) Rule 2-515. View (a) When permitted. The court, on motion of any party or on its own initiative, may order that the trier of fact view any property that is involved in the litigation or any place where a material fact in issue occurred. The judge shall be present at and shall supervise the view and shall be the only person permitted to make any statement to the jury during the view. (b) Attendance at view. The parties, their attorneys, and other representatives may be present during a view. A jury shall be transported to and attend a view as a body under the charge of an officer of the court, and the expense of transporting the jury shall be assessed as costs. HISTORY: (Amended June 5, 1996, effective Jan. 1, 1997.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 500. TRIAL Md. Rule 2-516 (2012) Rule 2-516. Exhibits and recordings (a) Generally. All exhibits marked for identification, whether or not offered in evidence and, if offered, whether or not admitted, shall form part of the record and, unless the court orders otherwise, shall remain in the custody of the clerk. With leave of court, a party may substitute a photograph or copy for any exhibit. Cross references. -- Rule 16-306. (b) Audio, audiovisual, or visual recordings. (1) Recording. A party who offers or uses an audio, audiovisual, or visual recording at a hearing or trial shall: (A) ensure that the recording is marked for identification and made part of the record and that an additional copy is provided to the court, so that it is available for future transcription; (B) if only a portion of the recording is offered or used, ensure that a description that identifies the

portion offered or used is made part of the record; and (C) if the recording is not on a medium in common use by the general public, preserve it, furnish it to the clerk in a manner suitable for transmittal as part of the record on appeal, and upon request present it to an appellate court in a format designated by the court. (2) Transcript of recording. A party who offers or uses a transcript of the recording at a hearing or trial shall ensure that the transcript is made part of the record and provide an additional copy to the court. HISTORY: (Amended June 3, 1988, effective July 1, 1988; June 5, 1996, effective Jan. 1, 1997; amended Sept. 10, 2009, effective Oct. 1, 2009; amended March 9, 2010, effective July 1, 2010.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 500. TRIAL Md. Rule 2-517 (2012) Rule 2-517. Method of making objections (a) Objections to evidence. An objection to the admission of evidence shall be made at the time the evidence is offered or as soon thereafter as the grounds for objection become apparent. Otherwise, the objection is waived. The grounds for the objection need not be stated unless the court, at the request of a party or on its own initiative, so directs. The court shall rule upon the objection promptly. When the relevancy of evidence depends upon the fulfillment of a condition of fact, the court may admit the evidence subject to the introduction of additional evidence sufficient to support a finding of the fulfillment of the condition. The objection is waived unless, at some time before final argument in a jury trial or before the entry of judgment in a court trial, the objecting party moves to strike the evidence on the ground that the condition was not fulfilled. Committee note. -- With respect to objections to the admissibility of evidence made and denied on pretrial motion, see Jones v. State, 9 Md. App. 455, 265 A.2d 271 (1970). (b) Continuing objections to evidence. At the request of a party or on its own initiative, the court may grant a continuing objection to a line of questions by an opposing party. For purposes of review by the trial court or on appeal, the continuing objection is effective only as to questions clearly within its scope. (c) Objections to other rulings or orders. For purposes of review by the trial court or on appeal of any other ruling or order, it is sufficient that a party, at the time the ruling or order is made or sought, makes known to the court the action that the party desires the court to take or the objection to the action of the court. The grounds for the objection need not be stated unless these rules expressly provide otherwise or the court so directs. If a party has no opportunity to object to a ruling or order at the time it is made, the absence of an objection at that time does not constitute a waiver of the objection.

(d) Formal exceptions unnecessary. A formal exception to a ruling or order of the court is not necessary. MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 500. TRIAL Md. Rule 2-519 (2012) Rule 2-519. Motion for judgment (a) Generally. A party may move for judgment on any or all of the issues in any action at the close of the evidence offered by an opposing party, and in a jury trial at the close of all the evidence. The moving party shall state with particularity all reasons why the motion should be granted. No objection to the motion for judgment shall be necessary. A party does not waive the right to make the motion by introducing evidence during the presentation of an opposing party's case. (b) Disposition. When a defendant moves for judgment at the close of the evidence offered by the plaintiff in an action tried by the court, the court may proceed, as the trier of fact, to determine the facts and to render judgment against the plaintiff or may decline to render judgment until the close of all the evidence. When a motion for judgment is made under any other circumstances, the court shall consider all evidence and inferences in the light most favorable to the party against whom the motion is made. (c) Effect of denial. A party who moves for judgment at the close of the evidence offered by an opposing party may offer evidence in the event the motion is not granted, without having reserved the right to do so and to the same extent as if the motion had not been made. In so doing, the party withdraws the motion. (d) Reservation of decision in jury cases. In a jury trial, if a motion for judgment is made at the close of all the evidence, the court may submit the case to the jury and reserve its decision on the motion until after the verdict or discharge of the jury. For the purpose of appeal, the reservation constitutes a denial of the motion unless a judgment notwithstanding the verdict has been entered. HISTORY: (Amended Nov. 12, 2003, effective Jan. 1, 2004.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 500. TRIAL Md. Rule 2-520 (2012) Rule 2-520. Instructions to the jury (a) When given. The court shall give instructions to the jury at the conclusion of all the evidence and before closing arguments and may supplement them at a later time when appropriate. In its

discretion, the court may also give opening and interim instructions. (b) Written requests. The parties may file written requests for instructions at or before the close of the evidence and shall do so at any time fixed by the court. (c) How given. The court may instruct the jury, orally or in writing or both, by granting requested instructions, by giving instructions of its own, or by combining any of these methods. The court need not grant a requested instruction if the matter is fairly covered by instructions actually given. (d) Reference to evidence. In instructing the jury, the court may refer to or summarize the evidence in order to present clearly the issues to be decided. In that event, the court shall instruct the jury that it is the sole judge of the facts, the weight of the evidence, and the credibility of the witnesses. (e) Objections. No party may assign as error the giving or the failure to give an instruction unless the party objects on the record promptly after the court instructs the jury, stating distinctly the matter to which the party objects and the grounds of the objection. Upon request of any party, the court shall receive objections out of the hearing of the jury. HISTORY: (Amended Nov. 12, 2003, effective Jan. 1, 2004.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 500. TRIAL Md. Rule 2-521 (2012) Rule 2-521. Jury -- Review of evidence -- Communications (a) Jurors' notes. The court may, and on request of any party shall, provide paper notepads for use by sworn jurors, including any alternates, during trial and deliberations. The court shall maintain control over the jurors' notes during the trial and promptly destroy the notes after the trial. Notes may not be reviewed or relied upon for any purpose by any person other than the author. If a sworn juror is unable to use a notepad because of a disability, the court shall provide a reasonable accommodation. (b) Items taken to jury room. Sworn jurors may take their notes with them when they retire for deliberation. Unless the court for good cause orders otherwise, the jury may also take exhibits that have been admitted in evidence, except that a deposition may not be taken into the jury room without the agreement of all parties and consent of the court. Written or electronically recorded instructions may be taken into the jury room only with the permission of the court. Cross references. -- See Rule 5-802.1 (e). (c) Jury request to review evidence. The court, after notice to the parties, may make available to the jury testimony or other evidence requested by it. In order that undue prominence not be given to the evidence requested, the court may also make available additional evidence relating to the same factual issue.

(d) Communications with jury. The court shall notify the parties of the receipt of any communication from the jury pertaining to the action as promptly as practicable and in any event before responding to the communication. All such communications between the court and the jury shall be on the record in open court or shall be in writing and filed in the action. The clerk or the court shall note on a written communication the date and time it was received from the jury. HISTORY: (Amended Dec. 15, 1993, effective July 1, 1994; Nov. 12, 2003, effective Jan. 1, 2004; April 5, 2005, effective July 1, 2005; Dec. 4, 2007, effective Jan. 1, 2008.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 500. TRIAL Md. Rule 2-522 (2012) Rule 2-522. Court decision -- Jury verdict (a) Court decision. In a contested court trial, the judge, before or at the time judgment is entered, shall prepare and file or dictate into the record a brief statement of the reasons for the decision and the basis of determining any damages. (b) Verdict. The verdict of a jury shall be unanimous unless the parties stipulate at any time that a verdict or a finding of a stated majority shall be taken as the verdict or finding of the jury. The verdict shall be returned in open court. On request of a party or on the court's own initiative, the jury shall be polled before it is discharged. If the poll discloses that the jury, or stated majority, has not concurred in the verdict, the court may direct the jury to retire for further deliberation or may discharge the jury. (c) Verdict containing written findings. The court may require a jury to return a verdict in the form of written findings upon specific issues. For that purpose, the court may use any method of submitting the issues and requiring written findings as it deems appropriate, including the submission of written questions susceptible of brief answers or of written forms of the several special findings that might properly be made under the pleadings and evidence. The court shall instruct the jury as may be necessary to enable it to make its findings upon each issue. If the court fails to submit any issue raised by the pleadings or by the evidence, all parties waive their right to a trial by jury of the issues omitted unless before the jury retires a party demands its submission to the jury. As to an issue omitted without such demand, the court may make a finding or, if it fails to do so, the finding shall be deemed to have been made in accordance with the judgment entered. No party may assign as error the submission of issues to the jury, the instructions of the court, or the refusal of the court to submit a requested issue unless the party objects on the record before the jury retires to consider its verdict, stating distinctly the matter to which the party objects and the grounds of the objection. Upon request of any party, the court shall receive objections out of the hearing of the jury.

HISTORY: (Added Nov. 1, 2001, effective Jan. 1, 2002; Nov. 12, 2003, effective Jan. 1, 2004; Dec. 4, 2007, effective Jan. 1, 2008.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 500. TRIAL Md. Rule 2-532 (2012) Rule 2-532. Motion for judgment notwithstanding the verdict (a) When permitted. In a jury trial, a party may move for judgment notwithstanding the verdict only if that party made a motion for judgment at the close of all the evidence and only on the grounds advanced in support of the earlier motion. (b) Time for filing. The motion shall be filed within ten days after entry of judgment on the verdict or, if no verdict is returned, within ten days after the discharge of the jury. If the court reserves ruling on a motion for judgment made at the close of all the evidence, that motion becomes a motion for judgment notwithstanding the verdict if the verdict is against the moving party or if no verdict is returned. A motion for judgment notwithstanding the verdict filed after the announcement or signing by the trial court of a judgment or the return of a verdict but before entry of the judgment on the docket shall be treated as filed on the same day as, but after, the entry on the docket. Cross references. -- See Rule 8-205 requiring notice to the Clerk of the Court of Special Appeals of information not disclosed in an information report regarding the filing of a motion under this Rule, or its withdrawal or disposition. (c) Joinder with motion for new trial. A motion for judgment notwithstanding the verdict may be joined with a motion for a new trial. (d) Effect of failure to make motion. Failure to move for a judgment notwithstanding the verdict under this Rule does not affect a party's right upon appeal to assign as error the denial of that party's motion for judgment. (e) Disposition. If a verdict has been returned, the court may deny the motion, or it may grant the motion, set aside any judgment entered on the verdict, and direct the entry of a new judgment. If a verdict has not been returned, the court may grant the motion and direct the entry of judgment or order a new trial. If a party's motion for judgment notwithstanding the verdict is granted, the court at the same time shall decide whether to grant that party's motion for new trial, if any, should the judgment thereafter be reversed on appeal. (f) Effect of reversal on appeal. (1) When judgment notwithstanding the verdict granted. If a motion for judgment notwithstanding the verdict is granted and the appellate court reverses, it may (A) enter judgment on the original verdict, (B) remand the case for a new trial in accordance with a conditional order of the trial court,

or (C) itself order a new trial. If the trial court has conditionally denied a motion for new trial, the appellee may assert error in that denial and, if the judgment notwithstanding the verdict is reversed, subsequent proceedings shall be in accordance with the order of the appellate court. (2) When judgment notwithstanding the verdict denied. If a motion for judgment notwithstanding the verdict has been denied and the appellate court reverses, it may (A) enter judgment as if the motion had been granted or (B) itself order a new trial. If the motion for judgment notwithstanding the verdict has been denied, the prevailing party may, as appellee, assert grounds entitling that party to a new trial in the event the appellate court concludes that the trial court erred in denying the motion. If the appellate court reverses the judgment, nothing in this Rule precludes it from determining that the appellee is entitled to a new trial or from directing the trial court to determine whether a new trial should be granted. HISTORY: (Amended Oct. 31, 2002, effective Jan. 1, 2003; Nov. 12, 2003, effective Jan. 1, 2004; May 8, 2007, effective July 1, 2007.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 500. TRIAL Md. Rule 2-533 (2012) Rule 2-533. Motion for new trial (a) Time for filing. Any party may file a motion for new trial within ten days after entry of judgment. A party whose verdict has been set aside on a motion for judgment notwithstanding the verdict or 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 judgment notwithstanding the verdict or the amended judgment. A motion for new trial filed after the announcement or signing by the trial court of a judgment or the return of a verdict but before entry of the judgment on the docket shall be treated as filed on the same day as, but after, the entry on the docket. Cross references. -- See Rule 8-205 requiring notice to the Clerk of the Court of Special Appeals of information not disclosed in an information report regarding the filing of a motion under this Rule, or its withdrawal or disposition. (b) Grounds. All grounds advanced in support of the motion shall be filed in writing within the time prescribed for the filing of the motion, and no other grounds shall thereafter be assigned without leave of court. (c) Disposition. The court may set aside all or part of any judgment entered and grant a new trial to all or any of the parties and on all of the issues, or some of the issues if the issues are fairly severable. If a partial new trial is granted, the judge may direct the entry of judgment as to the remaining parties or issues or stay the entry of judgment until after the new trial. When a motion for new trial is joined with a motion for judgment notwithstanding the verdict and the motion for judgment notwithstanding the verdict is granted, the court at the same time shall decide whether to

grant that party's motion for new trial if the judgment is thereafter reversed on appeal. (d) Costs. If a trial or appellate court has ordered the payment of costs as a part of its action in granting a new trial, the trial court may order all further proceedings stayed until the costs have been paid. HISTORY: (Amended Oct. 31, 2002, effective Jan. 1, 2003; Nov. 12, 2003, effective Jan. 1, 2004; May 8, 2007, effective July 1, 2007.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 500. TRIAL Md. Rule 2-534 (2012) Rule 2-534. Motion to alter or amend a judgment -- Court decision In an action decided by the court, 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. A motion to alter or amend a judgment filed after the announcement or signing by the trial court of a judgment but before entry of the judgment on the docket shall be treated as filed on the same day as, but after, the entry on the docket. HISTORY: (Amended Apr. 7, 1986, effective July 1, 1986; Oct. 31, 2002, effective Jan. 1, 2003; Nov. 12, 2003, effective Jan. 1, 2004; May 8, 2007, effective July 1, 2007.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 500. TRIAL Md. Rule 2-535 (2012) Rule 2-535. Revisory power (a) Generally. On motion of any party filed within 30 days after entry of judgment, the court may exercise revisory power and control over the judgment and, if the action was tried before the court, may take any action that it could have taken under Rule 2-534. A motion filed after the announcement or signing by the trial court of a judgment or the return of a verdict but before entry of the judgment on the docket shall be treated as filed on the same day as, but after, the entry on the docket. (b) Fraud, mistake, irregularity. On motion of any party filed at any time, the court may exercise revisory power and control over the judgment in case of fraud, mistake, or irregularity. Committee note. -- This section is intended to be as comprehensive as Code, Courts Article 6-

408. (c) Newly-discovered evidence. On motion of any party filed within 30 days after entry of judgment, the court may grant a new trial on the ground of newly-discovered evidence that could not have been discovered by due diligence in time to move for a new trial pursuant to Rule 2-533. (d) Clerical mistakes. Clerical mistakes in judgments, orders, or other parts of the record may be corrected by the court at any time on its own initiative, or on motion of any party after such notice, if any, as the court orders. During the pendency of an appeal, such mistakes may be so corrected before the appeal is docketed by the appellate court, and thereafter with leave of the appellate court. HISTORY: (Amended Nov. 12, 2003, effective Jan. 1, 2004; Nov. 12, 2003, effective Jan. 1, 2004; May 8, 2007, effective July 1, 2007.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 500. TRIAL Md. Rule 2-536 (2012) Rule 2-536. Disability of judge If, by reason of termination of office, absence, death, sickness, or other inability to act, a judge is unable to perform an act or duty in an action, any other judge authorized to act in that court may perform the act or duty if satisfied that he or she can properly do so. Otherwise, the other judge shall grant a new trial or such other relief as justice requires. MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 500. TRIAL Md. Rule 2-541 (2012) Rule 2-541. Masters (a) Appointment -- Compensation. (1) Standing master. A majority of the judges of the circuit court of a county may appoint a full time or part time standing master and shall prescribe the compensation, fees, and costs of the master. No person may serve as a standing master upon reaching the age of 70 years. (2) Special master. The court may appoint a special master for a particular action and shall prescribe the compensation, fees, and costs of the special master and assess them among the parties. The order of appointment may specify or limit the powers of a special master and may contain special directions. (3) Officer of the court. A master serves at the pleasure of the appointing court and is an officer of

the court in which the referred matter is pending. (b) Referral of cases. (1) Referral of domestic relations matters to a master shall be in accordance with Rule 9-208 and shall proceed only in accordance with that Rule. (2) On motion of any party or on its own initiative, the court, by order, may refer to a master any other matter or issue not triable of right before a jury. (c) Powers. Subject to the provisions of any order of reference, a master has the power to regulate all proceedings in the hearing, including the powers to: (1) Direct the issuance of a subpoena to compel the attendance of witnesses and the production of documents or other tangible things; (2) Administer oaths to witnesses; (3) Rule upon the admissibility of evidence; (4) Examine witnesses; (5) Convene, continue, and adjourn the hearing, as required; (6) Recommend contempt proceedings or other sanctions to the court; and (7) Recommend findings of fact and conclusions of law. (d) Hearing. (1) Notice. The master shall fix the time and place for the hearing and shall send written notice to all parties. (2) Attendance of witnesses. A party may procure by subpoena the attendance of witnesses and the production of documents or other tangible things at the hearing. (3) Record. All proceedings before a master shall be recorded either stenographically or by an electronic recording device, unless the making of a record is waived in writing by all parties. A waiver of the making of a record is also a waiver of the right to file any exceptions that would require review of the record for their determination. (e) Report. (1) When filed. The master shall notify each party of the proposed recommendation, either orally at the conclusion of the hearing or thereafter by written notice served pursuant to Rule 1-321. Within five days from an oral notice or from service of a written notice, a party intending to file

exceptions shall file a notice of intent to do so and within that time shall deliver a copy to the master. If the court has directed the master to file a report or if a notice of intent to file exceptions is filed, the master shall file a written report with the recommendation. Otherwise, only the recommendation need be filed. The report shall be filed within 30 days after the notice of intent to file exceptions is filed or within such other time as the court directs. The failure to file and deliver a timely notice is a waiver of the right to file exceptions. (2) Contents. Unless otherwise ordered, the report shall include findings of fact and conclusions of law and a recommendation in the form of a proposed order or judgment, and shall be accompanied by the original exhibits. A transcript of the proceedings before the master need not be prepared prior to the report unless the master directs, but, if prepared, shall be filed with the report. (3) Service. The master shall serve a copy of the recommendation and any written report on each party pursuant to Rule 1-321. (f) Entry of order. (1) The court shall not direct the entry of an order or judgment based upon the master's recommendations until the expiration of the time for filing exceptions, and, if exceptions are timely filed, until the court rules on the exceptions. (2) If exceptions are not timely filed, the court may direct the entry of the order or judgment as recommended by the master. (g) Exceptions. (1) How taken. Within ten days after the filing of the master's written report, a party may file exceptions with the clerk. Within that period or within three days after service of the first exceptions, whichever is later, any other party may file exceptions. Exceptions shall be in writing and shall set forth the asserted error with particularity. Any matter not specifically set forth in the exceptions is waived unless the court finds that justice requires otherwise. (2) Transcript. Unless a transcript has already been filed, a party who has filed exceptions shall cause to be prepared and transmitted to the court a transcript of so much of the testimony as is necessary to rule on the exceptions. The transcript shall be ordered at the time the exceptions are filed, and the transcript shall be filed within 30 days thereafter or within such longer time, not exceeding 60 days after the exceptions are filed, as the master may allow. The court may further extend the time for the filing of the transcript for good cause shown. The excepting party shall serve a copy of the transcript on the other party. Instead of a transcript, the parties may agree to a statement of facts or the court by order may accept an electronic recording of the proceedings as the transcript. The court may dismiss the exceptions of a party who has not complied with this section. (h) Hearing on exceptions. The court may decide exceptions without a hearing, unless a hearing is requested with the exceptions or by an opposing party within five days after service of the exceptions. The exceptions shall be decided on the evidence presented to the master unless: (1) the

excepting party sets forth with particularity the additional evidence to be offered and the reasons why the evidence was not offered before the master, and (2) the court determines that the additional evidence should be considered. If additional evidence is to be considered, the court may remand the matter to the master to hear the additional evidence and to make appropriate findings or conclusions, or the court may hear and consider the additional evidence or conduct a de novo hearing. (i) Costs. Payment of the compensation, fees, and costs of a master may be compelled by order of court. The costs of any transcript may be included in the costs of the action and assessed among the parties as the court may direct. HISTORY: (Amended May 2, 1986, effective July 1, 1986; Nov. 23, 1988, effective Jan. 1, 1989; June 28, 1990, effective July 1, 1990; June 4, 1991, effective July 1, 1991; June 5, 1996, effective Jan. 1, 1997; June 6, 2000, effective October 1, 2000; Mar. 5, 2001, effective July 1, 2001; Nov. 12, 2003, effective Jan. 1, 2004.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 500. TRIAL Md. Rule 2-542 (2012) Rule 2-542. Examiners (a) Appointment -- Compensation. (1) Standing examiner. A majority of the judges of the circuit court of a county may appoint a standing examiner and shall prescribe the compensation, fees, and costs of the examiner. (2) Special examiner. The court may appoint a special examiner for a particular action and shall prescribe the compensation, fees, and costs of the special examiner and assess them among the parties. The order of appointment may specify or limit the powers of a special examiner and may contain special directions. (3) Officer of the court. An examiner serves at the pleasure of the appointing court and is an officer of the court in which the referred matter is pending. (b) Referral by order. On motion of any party or on its own initiative, the court may refer to an examiner, for the taking of evidence, issues in uncontested proceedings not triable of right before a jury and proceedings held in aid of execution of judgment pursuant to Rule 2-633. The order of reference may prescribe the manner in which the examination is to be conducted and may set time limits for the completion of the taking of evidence and the submission of the record of the examination. (c) Powers. Subject to the provisions of the order of reference, an examiner has the power to regulate all proceedings in the hearing, including the powers to:

(1) Direct the issuance of a subpoena to compel the attendance of witnesses and the production of documents or other tangible things; (2) Administer oaths to witnesses; (3) Examine witnesses; (4) Convene, continue, and adjourn the hearing, as required; and (5) Recommend contempt proceedings or other sanctions to the court. (d) Hearing. (1) Notice. The examiner shall fix the time and place for the taking of evidence and shall send written notice to all parties. (2) Attendance of witnesses. A party may procure by subpoena the attendance of witnesses and the production of documents or other tangible things at the hearing. (3) Objections. The examiner may not decide objections or refusals to answer, but the failure to object is a waiver of the right to file exceptions on that ground. When a party or witness refuses to answer on the ground of privilege or otherwise, the examiner, at the request of a party, shall refer the refusal to the court. The court shall promptly hear and decide the question and may award costs as justice requires. (4) Record. All proceedings before an examiner shall be recorded either stenographically or by an electronic recording device, unless otherwise ordered by the court. (5) Examiner to remain in room. In an action for divorce or annulment, the examiner shall remain in the hearing room throughout the taking of testimony, and shall so certify when the record of examination is submitted to the court. (e) Order to complete examination. If the order of reference does not prescribe a time limit for the completion of the examination, the court, upon motion of any party or on its own initiative, may prescribe a time for completion. (f) Filing of record. Unless otherwise ordered by the court, all proceedings before the examiner shall be transcribed. A witness shall not be required to authenticate and sign the transcript of that witness' testimony unless requested by a party. When the examination has been completed, the examiner shall collect and arrange all transcripts and exhibits, certify that they are authentic and complete, and file them with the court. The examiner may also include a report of any special matters or irregularities that arose during or as a result of the examination. On the date the record is filed, the examiner shall send written notice to all parties informing them of the date of filing. The examiner shall certify to the court that the required notices have been sent. For ten days thereafter, the record shall be available for inspection by the parties.

(g) Exceptions. Within ten days after the filing of the record, a party may file exceptions to the accuracy, completeness, or authenticity of the record or for the purpose of presenting to the court objections made before the examiner. Exceptions shall be in writing and shall set forth the asserted error with particularity. Any matter not specifically set forth in the exceptions is waived unless the court finds that justice requires otherwise. (h) Hearing on exceptions. A hearing shall be held on exceptions only with leave of court. (i) Costs. Payment of the compensation, fees, and costs of an examiner may be compelled by order of court. The costs of the transcript may be included in the costs of the action and assessed among the parties as the court may direct. MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 500. TRIAL Md. Rule 2-543 (2012) Rule 2-543. Auditors (a) Appointment -- Compensation. (1) Standing auditor. A majority of the judges of the circuit court of a county may appoint a standing auditor and shall prescribe the compensation, fees, and costs of the auditor. (2) Special auditor. The court may appoint a special auditor for a particular action and shall prescribe the compensation, fees, and costs of the special auditor and assess them among the parties. The order of appointment may specify or limit the powers of a special auditor and may contain special directions. (3) Officer of the court. An auditor serves at the pleasure of the appointing court and is an officer of the court in which the referred matter is pending. (b) Referral by order. In addition to referrals required by rule or statute, the court, on motion of any party or on its own initiative, may refer by order to an auditor an action founded on an account or an action in which it is necessary to examine, state, or settle accounts. When a matter is referred to an auditor, the order shall state the purpose and scope of the audit. The order may prescribe the manner in which the audit is to be conducted and shall set time limits for the completion of the audit and the rendering of the account or report. (c) Powers. The auditor may require any party to submit a proposed account and supporting vouchers. Subject to the provisions of the order of reference, an auditor has the power to regulate all proceedings in the hearing, including the powers to: (1) Direct the issuance of a subpoena to compel the attendance of witnesses and the production of documents or other tangible things;

(2) Administer oaths to witnesses; (3) Rule upon the admissibility of evidence; (4) Examine witnesses; (5) Convene, continue, and adjourn hearings, as required; (6) Recommend contempt proceedings or other sanctions to the court; and (7) Make findings of fact and conclusions of law. (d) Hearing. (1) Notice. If a hearing is necessary, the auditor shall fix the time and place for the hearing and shall send written notice to all parties and to all persons who have filed a claim in the proceedings at the address stated in the claim. (2) Attendance of witnesses. A party or claimant may procure by subpoena the attendance of witnesses and the production of documents or other tangible things at the hearing. (3) Record. All proceedings before an auditor shall be recorded either stenographically or by an electronic recording device, unless the making of a record is waived in writing by all parties and claimants. A waiver of the making of a record is also a waiver of the right to file any exceptions that would require review of the record for their determination. (e) Account or report. Within the time prescribed by the order of reference, the auditor shall file an account or report and at the same time send a copy to each party. The original exhibits shall also be filed. On the date of filing, the auditor shall send to each party and claimant a notice stating that the account or report was filed on that date; that any exceptions shall be filed within ten days of that date; and that, if timely exceptions are not filed, the account or report may be ratified. The notice to a claimant shall also specify the amount allowed to that claimant in the account or report. If a partial or total distribution of the estate of a debtor by a receiver or assignee is involved, the notice shall comply with the requirements of Rule 13-502 (c). The auditor shall certify to the court that the requirements of this section have been met. (f) Time of entry of order. An order ratifying the report or account shall not be entered until after the expiration of the time for filing exceptions. If exceptions are not timely filed, the court may enter an order ratifying the report or account. (g) Exceptions. (1) How taken. Within ten days after the filing of the auditor's account or report, a party or claimant may file exceptions with the clerk. Within that period or within three days after service of the first exceptions, whichever is later, any other party or claimant may file exceptions. Exceptions shall be in writing and shall set forth the asserted error with particularity. Any matter not

specifically set forth in the exceptions is waived unless the court finds that justice requires otherwise. (2) Transcript. A party or claimant who has filed exceptions shall cause to be prepared and transmitted to the court a transcript of so much of the testimony as is necessary to rule on the exceptions. The transcript shall be filed within 30 days after the filing of exceptions or within such longer time, not exceeding 90 days from the date of the filing of exceptions, as the auditor may allow. The court may further extend the time for the filing of the transcript for good cause shown. Instead of a transcript, the parties and claimants whose interest could be affected by the exceptions may agree to a statement of facts or the court by order may accept an electronic recording of the proceedings as the transcript. The court may dismiss the exceptions of a party or person who has not complied with this section. (h) Hearing on exceptions. The court may decide exceptions without a hearing unless a hearing is requested with the exceptions or by an opposing party or claimant within five days after service of the exceptions. The exceptions shall be decided on the evidence presented to the auditor unless: (1) the excepting party or claimant sets forth with particularity the additional evidence to be offered and the reasons why the evidence was not offered before the auditor; and (2) the court determines that the additional evidence should be considered. If additional evidence is to be considered, the court may remand the matter to the auditor to hear the additional evidence and to make appropriate findings or conclusions or the court may hear and consider the additional evidence. (i) Costs. Payment of the compensation, fees, and costs of an auditor may be compelled by order of court. The costs of any transcript may be included in the costs of the action and assessed among the parties as the court may direct. HISTORY: (Amended Apr. 7, 1986, effective July 1, 1986; June 5, 1996, effective Jan. 1, 1997.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 500. TRIAL Md. Rule 2-551 (2012) Rule 2-551. In banc review (a) Generally. When review by a court in banc is permitted by the Maryland Constitution, a party may have a judgment or determination of any point or question reviewed by a court in banc by filing a notice for in banc review. Issues are reserved for in banc review by making an objection in the manner set forth in Rules 2-517 and 2-520. Upon the filing of the notice, the Circuit Administrative Judge shall designate three judges of the circuit, other than the judge who tried the action, to sit in banc. (b) Time for filing. Except as otherwise provided in this section, the notice for in banc review shall be filed within ten days after entry of judgment. When a timely motion is filed pursuant to Rule 2532, 2-533, or 2-534, the notice for in banc review shall be filed within ten days after entry of an order denying a motion pursuant to Rule 2-533 or disposing of a motion pursuant to Rule 2-532 or

2-534. A notice for in banc review filed before the disposition of any of these motions that was timely filed shall have no effect, and a new notice for in banc review must be filed within the time specified in this section. (c) Memoranda. Within 30 days after the filing of the notice for in banc review, the party seeking review shall file four copies of a memorandum stating concisely the questions presented, any facts necessary to decide them, and supporting argument. Within 15 days thereafter, an opposing party who wishes to dispute the statement of questions or facts shall file four copies of a memorandum stating the alternative questions presented, any additional or different facts, and supporting argument. In the absence of such dispute, an opposing party may file a memorandum of argument. (d) Transcript. Promptly after the filing of memoranda, a judge of the panel shall determine, by reviewing the memoranda and, if necessary, by conferring with counsel, whether a transcript of all or part of the proceeding is reasonably required for decision of the questions presented. If a transcript is required, the judge shall order one of the parties to provide the transcript and shall fix a time for its filing. The expenses of the transcript shall be assessed as costs against the losing party, unless otherwise ordered by the panel. (e) Hearing and decision. A hearing shall be scheduled as soon as practicable but need not be held if all parties notify the clerk in writing at least 15 days before the scheduled hearing date that the hearing has been waived. In rendering its decision, the panel shall prepare and file or dictate into the record a brief statement of the reasons for the decision. (f) Motion to shorten or extend time requirements. Upon motion of any party filed pursuant to Rule 1-204, any judge of the panel may shorten or extend the time requirements of this Rule, except the time for filing a notice for in banc review. (g) Dismissal. The panel, on its own initiative or on motion of any party, shall dismiss an in banc review if (1) in banc review is not permitted by the Maryland Constitution, (2) the notice for in banc review was prematurely filed or not timely filed, or (3) the case has become moot, and the panel may dismiss if the memorandum of the party seeking review was not timely filed. (h) Further review. Any party who seeks and obtains review under this Rule has no further right of appeal. The decision of the panel does not preclude an appeal to the Court of Special Appeals by an opposing party who is otherwise entitled to appeal. HISTORY: (Amended Apr. 7, 1986, effective July 1, 1986; Nov. 1, 2001, effective Jan. 1, 2002.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 600. JUDGMENT Md. Rule 2-601 (2012) Rule 2-601. Entry of judgment (a) Prompt entry -- Separate document. Each judgment shall be set forth on a separate document.

Upon a verdict of a jury or a decision by the court allowing recovery only of costs or a specified amount of money or denying all relief, the clerk shall forthwith prepare, sign, and enter the judgment, unless the court orders otherwise. Upon a verdict of a jury or a decision by the court granting other relief, the court shall promptly review the form of the judgment presented and, if approved, sign it, and the clerk shall forthwith enter the judgment as approved and signed. A judgment is effective only when so set forth and when entered as provided in section (b) of this Rule. Unless the court orders otherwise, entry of the judgment shall not be delayed pending determination of the amount of costs. (b) Method of entry -- Date of judgment. The clerk shall enter a judgment by making a record of it in writing on the file jacket, or on a docket within the file, or in a docket book, according to the practice of each court, and shall record the actual date of the entry. That date shall be the date of the judgment. (c) Recording and indexing. Promptly after entry, the clerk shall (1) record and index the judgment, except a judgment denying all relief without costs, in the judgment records of the court and (2) note on the docket the date the clerk sent copies of the judgment in accordance with Rule 1-324. HISTORY: (Amended Apr. 4, 1986, effective July 1, 1986; Apr. 8, 1997, effective Oct. 1, 1997; Nov. 1, 2001, effective Jan. 1, 2002; Nov. 12, 2003, effective Jan. 1, 2004.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 600. JUDGMENT Md. Rule 2-602 (2012) Rule 2-602. Judgments not disposing of entire action (a) Generally. Except as provided in section (b) of this Rule, an order or other form of decision, however designated, that adjudicates fewer than all of the claims in an action (whether raised by original claim, counterclaim, cross-claim, or third-party claim), or that adjudicates less than an entire claim, or that adjudicates the rights and liabilities of fewer than all the parties to the action: (1) is not a final judgment; (2) does not terminate the action as to any of the claims or any of the parties; and (3) is subject to revision at any time before the entry of a judgment that adjudicates all of the claims by and against all of the parties. (b) When allowed. If the court expressly determines in a written order that there is no just reason for delay, it may direct in the order the entry of a final judgment: (1) as to one or more but fewer than all of the claims or parties; or

(2) pursuant to Rule 2-501(f)(3), for some but less than all of the amount requested in a claim seeking money relief only. HISTORY: (Amended Apr. 8, 1985; Nov. 12, 2003, effective Jan. 1, 2004; Dec. 8, 2003, effective July 1, 2004; April 5, 2005, effective July 1, 2005.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 600. JUDGMENT Md. Rule 2-603 (2012) Rule 2-603. Costs (a) Allowance and allocation. Unless otherwise provided by rule, law, or order of court, the prevailing party is entitled to costs. The court, by order, may allocate costs among the parties. Cross references. -- Code, Courts Art., 7-202. (b) Assessment by the clerk. The clerk shall assess as costs all fees of the clerk and sheriff, statutory fees actually paid to witnesses who testify, and, in proceedings under Title 7, Chapter 200 of these Rules, the costs specified by Rule 7-206 (a). On written request of a party, the clerk shall assess other costs prescribed by rule or law. The clerk shall notify each party of the assessment in writing. On motion of any party filed within five days after the party receives notice of the clerk's assessment, the court shall review the action of the clerk. (c) Assessment by the court. When the court orders or requests a transcript or, on its own initiative, appoints an expert or interpreter, the court may assess as costs some or all of the expenses or may order payment of some or all of the expenses from public funds. On motion of a party and after hearing, if requested, the court may assess as costs any reasonable and necessary expenses, to the extent permitted by rule or law. (d) Joint liability. When an action is brought for the use or benefit of another as provided in Rule 2-201, the person for whom the action is brought and the person bringing the action, except the State of Maryland, shall be liable for the payment of any costs assessed against either of them. (e) Waiver of costs in domestic relations cases -- Indigency. In an action under Title 9, Chapter 200 of these Rules, the court shall waive final costs, including any compensation, fees, and costs of a master or examiner if the court finds that the party against whom the costs are assessed is unable to pay them by reason of poverty. The party may seek the waiver at the conclusion of the case in accordance with Rule 1-325 (a). If the party was granted a waiver pursuant to that Rule and remains unable to pay the costs, the affidavit required by Rule 1-325 (a) need only recite the existence of the prior waiver and the party's continued inability to pay.

HISTORY: (Amended Apr. 7, 1986, effective July 1, 1986; June 4, 1991, effective July 1, 1991; Jan. 20, 1999, effective July 1, 1999; Dec. 16, 1999, effective Jan. 1, 2000.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 600. JUDGMENT Md. Rule 2-604 (2012) Rule 2-604. Interest (a) Pre-judgment interest. Any pre-judgment interest awarded by a jury or by a court sitting without a jury shall be separately stated in the verdict or decision and included in the judgment. (b) Post-judgment interest. A money judgment shall bear interest at the rate prescribed by law from the date of entry. MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 600. JUDGMENT Md. Rule 2-605 (2012) Rule 2-605. Offers of judgment -- health care malpractice claims A party to a health care malpractice claim may serve on the adverse party an offer of judgment pursuant to Code, Courts Article, 3-2A-08A. HISTORY: (Added Nov. 8, 2005, effective Jan. 1, 2006.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 600. JUDGMENT Md. Rule 2-611 (2012) Rule 2-611. Confessed judgment (a) Complaint; written instrument and affidavit required. A complaint seeking a confessed judgment shall be accompanied by the original or a copy of the written instrument authorizing the confession of judgment for a liquidated amount and an affidavit in the following form: Affidavit for Judgment by Confession 1. I, , am competent to testify.

(Name of Affiant) 2. I am: [] the plaintiff in this action. or [] .

(If the Affiant is not the plaintiff, state the Affiant's relationship to the action.) 3. The original or a copy of the written instrument authorizing the confession of judgment against the defendant is attached to the complaint. 4. The amount due and owing under the instrument is: Principal Interest $ Total $ . $ $

5. The amount shown as the "Total" in Paragraph 4 is: [] the face amount of the instrument. or [] computed as follows:

(State the dates and amounts of all payments made and show the computation of all interest and attorneys' fees claimed.) 6. The address of the defendant is: [] or

[] unknown, and the following efforts to locate the defendant have been made:

c (State specific details of the efforts made, including by whom and when the efforts were made.) 7. The instrument does not evidence or arise from a consumer loan as to which a confessed judgment clause is prohibited by Code, Commercial Law Article, 12-311 (b). 8. The instrument does not evidence or arise from a consumer transaction as to which a confessed judgment clause is prohibited by Code, Commercial Law Article, 13-301. 9. The instrument is not subject to the Maryland Retail Installment Sales Act as to which a confessed judgment clause is prohibited by Code, Commercial Law Article, 12-607. I solemnly affirm under the penalties of perjury that the contents of the foregoing Affidavit are true to the best of my knowledge, information, and belief.

(Signature of Affiant)

(Date) (b) Action by court. If the court determines that (1) the complaint complies with the requirements of section (a) of this Rule and (2) the pleadings and papers demonstrate a factual and legal basis for entitlement to a confessed judgment, the court shall direct the clerk to enter the judgment. Otherwise, it shall dismiss the complaint. (c) Notice. Promptly upon entry of a judgment by confession, the clerk, instead of a summons, shall issue a notice informing the defendant of entry of judgment and of the latest time for filing a motion to open, modify, or vacate the judgment. If the address of the defendant is stated in the affidavit, the notice and copies of the original pleadings shall be served on the defendant in accordance with Rule 2-121. If the court is satisfied from the affidavit filed by the plaintiff that despite reasonable efforts the defendant cannot be served or the whereabouts of the defendant cannot be determined, the court shall provide for notice to the defendant in accordance with Rule 2-122. (d) Motion by defendant. The defendant may move to open, modify, or vacate the judgment within the time prescribed for answering by sections (a) and (b) of Rule 2-321. The motion shall state the

legal and factual basis for the defense to the claim. (e) Disposition of motion. If the court finds that there is a substantial and sufficient basis for an actual controversy as to the merits of the action, the court shall order the judgment by confession opened, modified, or vacated and permit the defendant to file a responsive pleading. (f) Delay of enforcement. Unless the court orders otherwise, property shall not be sold in execution of a judgment by confession and wages or other debt shall not be remitted by a garnishee to the judgment creditor until the expiration of the time for filing a motion under section (d) of this Rule and the disposition of any motion so filed. HISTORY: (Amended June 3, 1988, effective July 1, 1988; amended March 9, 2010, effective July 1, 2010.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 600. JUDGMENT Md. Rule 2-612 (2012) Rule 2-612. Consent judgment The court may enter a judgment at any time by consent of the parties. The clerk may enter a judgment at any time by consent of the parties if the judgment (a) is for a specified amount of money or for costs or denies all relief and (b) adjudicates all of the claims for relief presented in the action, whether by original claim, counterclaim, cross-claim, or third-party claim. HISTORY: (Amended Apr. 7, 1986, effective July 1, 1986.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 600. JUDGMENT Md. Rule 2-613 (2012) Rule 2-613. Default judgment (a) Parties to whom applicable. In this Rule, the term "plaintiff" includes counter-plaintiffs, cross-plaintiffs, and third-party plaintiffs, and the term "defendant" includes counter-defendants, cross-defendants, and third-party defendants. (b) Order of default. If the time for pleading has expired and a defendant has failed to plead as provided by these rules, the court, on written request of the plaintiff, shall enter an order of default. The request shall state the last known address of the defendant. (c) Notice. Promptly upon entry of an order of default, the clerk shall issue a notice informing the

defendant that the order of default has been entered and that the defendant may move to vacate the order within 30 days after its entry. The notice shall be mailed to the defendant at the address stated in the request and to the defendant's attorney of record, if any. The court may provide for additional notice to the defendant. (d) Motion by defendant. The defendant may move to vacate the order of default within 30 days after its entry. The motion shall state the reasons for the failure to plead and the legal and factual basis for the defense to the claim. (e) Disposition of motion. If the court finds that there is a substantial and sufficient basis for an actual controversy as to the merits of the action and that it is equitable to excuse the failure to plead, the court shall vacate the order. (f) Entry of judgment. If a motion was not filed under section (d) of this Rule or was filed and denied, the court, upon request, may enter a judgment by default that includes a determination as to liability and all relief sought, if it is satisfied (1) that it has jurisdiction to enter the judgment and (2) that the notice required by section (c) of this Rule was mailed. If, in order to enable the court to enter judgment, it is necessary to take an account or to determine the amount of damages or to establish the truth of any averment by evidence or to make an investigation of any matter, the court may rely on affidavits, conduct hearings, or order references as appropriate, and, if requested, shall preserve to the plaintiff the right of trial by jury. (g) Finality. A default judgment entered in compliance with this Rule is not subject to the revisory power under Rule 2-535 (a) except as to the relief granted. HISTORY: (Amended Nov. 20, 1984, effective Jan. 1, 1985; Apr. 7, 1986, effective July 1, 1986; Nov. 22, 1989, effective Jan. 1, 1990; Dec. 10, 1996, effective July 1, 1997; Nov. 12, 2003, effective Jan. 1, 2004; June 16, 2009, effective June 17, 2009.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 600. JUDGMENT Md. Rule 2-614 (2012) Rule 2-614. Judgment of contribution or recovery over If in a single action a judgment is entered jointly against more than one defendant, the court upon motion may enter an appropriate judgment for one of the defendants against another defendant if (a) the moving defendant has discharged the judgment by payment or has paid more than a pro rata share of the judgment and (b) the moving defendant has a right to contribution or to recovery over from the other defendant. MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 600. JUDGMENT

Md. Rule 2-615 (2012) Rule 2-615. Judgment on claim and counterclaim When money damages are awarded on both a claim and a counterclaim, judgment shall be entered for the excess of one over the other. MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 600. JUDGMENT Md. Rule 2-621 (2012) Rule 2-621. Lien of money judgment (a) County of entry. Except as otherwise provided by law, a money judgment that is recorded and indexed in the county of entry constitutes a lien from the date of entry in the amount of the judgment and post-judgment interest on the defendant's interest in land located in that county. (b) Other counties. Except as otherwise provided by law, a money judgment that is recorded and indexed pursuant to Rule 2-623 (a) constitutes a lien from the date of recording in the amount of the judgment and post-judgment interest on the defendant's interest in land located in the county of recording. (c) District Court judgment. Except as otherwise provided by law, a money judgment of the District Court constitutes a lien from the date of recording of a Notice of Lien, if the notice is recorded and indexed pursuant to Rule 2-623 (b), in the amount of the judgment and post-judgment interest on the defendant's interest in land located in the county of recording. HISTORY: (Amended Apr. 7, 1986, effective July 1, 1986.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 600. JUDGMENT Md. Rule 2-622 (2012) Rule 2-622. Transmittal to another court (a) Original judgment. Upon request of a person holding a judgment, the clerk shall provide that person with a certified copy of the judgment or shall transmit a certified copy to the clerk of another circuit court of this State and shall maintain a record of the transmittal. (b) When judgment vacated, modified, or satisfied. When a judgment is vacated, modified, or satisfied, the clerk shall transmit a certified notice of that action to each clerk to whom a certified

copy of the judgment was transmitted pursuant to section (a) of this Rule or from whom a notice of recording of the judgment has been received pursuant to Rule 2-623. Md. Rule 2-623 Michie's Annotated Code of Maryland Maryland Rules Copyright (c) 2012, by Matthew Bender and Company, Inc. a member of the LexisNexis Group. All rights reserved. *** State and Federal Rules are current through March 23, 2012 *** MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 600. JUDGMENT Md. Rule 2-623 (2012) Rule 2-623. Recording of judgment of another court and District Court notice of lien (a) Judgment of another court. Upon receiving a copy of a judgment of another court, certified or authenticated in accordance with these rules or statutes of this State, or of the United States, the clerk shall record and index the judgment if it was entered by (a) the Court of Appeals, (b) the Court of Special Appeals, (c) another circuit court of this State, (d) a court of the United States, or (e) any other court whose judgments are entitled to full faith and credit in this State. Upon recording a judgment received from a person other than the clerk of the court of entry, the receiving clerk shall notify the clerk of the court of entry. Cross references. -- For enforcement of foreign judgments, see Code, Courts Article, 11-801 through 11-807. (b) District Court notice of lien. Upon receiving a certified copy of a Notice of Lien from the District Court pursuant to Rule 3-621, the clerk shall record and index the notice in the same manner as a judgment. HISTORY: (Amended Apr. 7, 1986, effective July 1, 1986; June 3, 1988, effective July 1, 1988.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 600. JUDGMENT Md. Rule 2-624 (2012) Rule 2-624. Assignment of judgment When a judgment has been assigned in writing by the judgment holder, the assignment may be filed in the court where the judgment was entered and in any court where it has been recorded.

When an assignment is filed, the judgment may thereafter be enforced in the name of the assignee to the extent of the assigned interest. HISTORY: (Amended Apr. 7, 1986, effective July 1, 1986.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 600. JUDGMENT Md. Rule 2-625 (2012) Rule 2-625. Expiration and renewal of money judgment A money judgment expires 12 years from the date of entry or most recent renewal. At any time before expiration of the judgment, the judgment holder may file a notice of renewal and the clerk shall enter the judgment renewed. HISTORY: (Amended Apr. 7, 1986, effective July 1, 1986.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 600. JUDGMENT Md. Rule 2-626 (2012) Rule 2-626. Satisfaction of money judgment (a) Entry upon notice. Upon being paid all amounts due on a money judgment, the judgment creditor shall furnish to the judgment debtor and file with the clerk a written statement that the judgment has been satisfied. Upon the filing of the statement the clerk shall enter the judgment satisfied. (b) Entry upon motion. If the judgment creditor fails to comply with section (a) of this Rule, the judgment debtor may file a motion for an order declaring that the judgment has been satisfied. The motion shall be served on the judgment creditor in the manner provided in Rule 2-121. If the court is satisfied from an affidavit filed by the judgment debtor that despite reasonable efforts the judgment creditor cannot be served or the whereabouts of the judgment creditor cannot be determined, the court shall provide for notice to the judgment creditor in accordance with Rule 2122. (c) Costs and expenses. If the court enters an order of satisfaction, it shall order the judgment creditor to pay to the judgment debtor the costs and expenses incurred in obtaining the order, including reasonable attorney's fees, unless the court finds that the judgment creditor had a justifiable reason for not complying with the requirements set forth in section (a). If the motion for an order of satisfaction is denied, the court may award costs and expenses, including reasonable attorney's fees, under Rule 1-341.

HISTORY: (Amended Apr. 7, 1986, effective July 1, 1986.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 600. JUDGMENT Md. Rule 2-631 (2012) Rule 2-631. Enforcement procedures available Judgments may be enforced only as authorized by these rules or by statute. HISTORY: (Amended June 3, 1988, effective July 1, 1988.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 600. JUDGMENT Md. Rule 2-632 (2012) Rule 2-632. Stay of enforcement (a) Stay of interlocutory order. On motion of a party the court may stay the operation or enforcement of an interlocutory order on whatever conditions the court considers proper for the security of the adverse party. The motion shall be accompanied by the moving party's written statement of intention to seek review of the order on appeal from the judgment entered in the action. (b) Automatic stay of judgment. Except as otherwise provided in this Rule, enforcement of a money judgment is automatically stayed until the expiration of ten days after its entry. Cross references. -- For the definition of "money judgment," see Rule 1-202. (c) Discretionary stay of judgment. In its discretion and on such conditions for the security of the adverse party as are proper, the court may stay enforcement of a judgment pending the disposition of a motion for a new trial filed pursuant to Rule 2-533, a motion to alter or amend a judgment filed pursuant to Rule 2-534, a motion to revise a judgment filed pursuant to Rule 2-535, or a motion for judgment notwithstanding the verdict filed pursuant to Rule 2-532. (d) Multiple claims. When a court has entered a final judgment under the conditions stated in Rule 2-602, the court may stay enforcement of that judgment until the entering of a subsequent judgment and may prescribe such conditions as are necessary to secure the benefit of the judgment to the party in whose favor the judgment is entered. (e) Pending appeal. Except as provided in this section and in section (f) of this Rule, a stay pending

appeal is governed by Rules 8-422 through 8-424. If the court determines that because of the nature of the action enforcement of the judgment should not be stayed by the filing of a supersedeas bond or other security, it may enter an order denying a stay or permitting a stay only on the terms stated in the order. (f) Injunction pending appeal. When an appeal is taken from an order or a judgment granting, dissolving, or denying an injunction, the court in its discretion may suspend, modify, restore, or grant an injunction during the pendency of the appeal upon such terms as to bond or otherwise as it considers proper for the security of the adverse party. Further procedure in the appellate court is governed by Rule 8-425. (g) Power of appellate court not limited. The provisions of this Rule do not limit any power of an appellate court to stay proceedings during the pendency of an appeal or to suspend, modify, restore, or grant an injunction during the pendency of an appeal or to make any order appropriate to preserve the status quo or the effectiveness of the judgment subsequently to be entered. HISTORY: (Amended Nov. 19, 1987, effective July 1, 1988; June 5, 1996, effective Jan. 1, 1997; Dec. 10, 1996, effective July 1, 1997; Nov. 12, 2003, effective Jan. 1, 2004.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 600. JUDGMENT Md. Rule 2-633 (2012) Rule 2-633. Discovery in aid of enforcement (a) Methods. A judgment creditor may obtain discovery to aid enforcement of a money judgment (1) by use of depositions, interrogatories, and requests for documents, and (2) by examination before a judge or an examiner as provided in section (b) of this Rule. Committee note. -- The discovery permitted by this Rule is in addition to the discovery permitted before the entry of judgment, and the limitations set forth in Rules 2-411 (d) and 2-421 (a) apply separately to each. Thus, a second deposition of an individual previously deposed before the entry of judgment may be taken after the entry of judgment without leave of court. A second postjudgment deposition of that individual, however, would require leave of court. Melnick v. New Plan Realty, 89 Md. App. 435 (1991). Furthermore, leave of court is not required under Rule 2-421 to serve interrogatories on a judgment debtor solely because 30 interrogatories were served upon that party before the entry of judgment. (b) Examination before a judge or an examiner. On request of a judgment creditor, filed no earlier than 30 days after entry of a money judgment, the court where the judgment was entered or recorded may issue an order requiring the appearance for examination under oath before a judge or examiner of (1) the judgment debtor, or (2) any other person if the court is satisfied by affidavit or other proof that it is probable that the person has property of the judgment debtor, is indebted for a sum certain to the judgment debtor, or has knowledge of any concealment, fraudulent transfer, or

withholding of any assets belonging to the judgment debtor. The order shall specify when, where, and before whom the examination will be held and that failure to appear may result in the person served being held in contempt. The order shall be served upon the judgment debtor or other person in the manner provided by Rule 2-121. The judge or examiner may sequester persons to be examined, with the exception of the judgment debtor. HISTORY: (Amended Apr. 7, 1986, effective July 1, 1986; Nov. 12, 2003, effective Jan. 1, 2004.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 600. JUDGMENT Md. Rule 2-641 (2012) Rule 2-641. Writ of execution -- Issuance and content (a) Generally. Upon the written request of a judgment creditor, the clerk of a court where the judgment was entered or is recorded shall issue a writ of execution directing the sheriff to levy upon property of the judgment debtor to satisfy a money judgment. The writ shall contain a notice advising the debtor that federal and state exemptions may be available and that there is a right to move for release of the property from the levy. The request shall be accompanied by instructions to the sheriff that shall specify (1) the judgment debtor's last known address, (2) the judgment and the amount owed under the judgment, (3) the property to be levied upon and its location, and (4) whether the sheriff is to leave the levied property where found, or to exclude others from access to it or use of it, or to remove it from the premises. The judgment creditor may file additional instructions as necessary and appropriate and deliver a copy to the sheriff. More than one writ may be issued on a judgment, but only one satisfaction of a judgment may be had. (b) Issuance to another county. If a judgment creditor requests the clerk of the court where the judgment was entered to issue a writ of execution directed to the sheriff of another county, the clerk shall send to the clerk of the other county the writ, the instructions to the sheriff, and, if not already recorded there, a certified copy of the judgment for recording. (c) Transmittal to sheriff; bond. Upon issuing a writ of execution or receiving one from the clerk of another county, the clerk shall deliver the writ and instructions to the sheriff. The sheriff shall endorse on the writ the exact hour and date of its receipt and shall maintain a record of actions taken pursuant to it. If the instructions direct the sheriff to remove the property from the premises where found or to exclude others from access to or use of the property, the sheriff may require the judgment creditor to file with the sheriff a bond with security approved by the sheriff for the payment of any expenses that may be incurred by the sheriff in complying with the writ. HISTORY: (Amended May 8, 2007, effective July 1, 2007) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 600. JUDGMENT

Md. Rule 2-642 (2012) Rule 2-642. Writ of execution -- Levy (a) Levy upon real property. Except as otherwise provided by law, the sheriff shall levy upon a judgment debtor's interest in real property pursuant to a writ of execution by entering a description of the property upon a schedule and by posting a copy of the writ and the schedule in a prominent place on the property. (b) Levy upon personal property. Except as otherwise provided by law, the sheriff shall levy upon a judgment debtor's interest in personal property pursuant to a writ of execution by obtaining actual view of the property, entering a description of the property upon a schedule, and (1) removing the property from the premises, or (2) affixing a copy of the writ and schedule to the property, or (3) posting a copy of the writ and schedule in a prominent place in the immediate vicinity of the property and affixing to each item of property a label denoting that the property has been levied upon by the sheriff, or (4) posting a copy of the writ and schedule in a prominent place in the immediate vicinity of the property without affixing a label to each item of property if affixing a label to each item of property is possible but not practical. (c) Possession of personal property by third person. When the sheriff has been instructed to remove the property from the premises or exclude others from access or use and finds the property in the possession of a person, other than the judgment debtor, who asserts entitlement to possession and objects to the sheriff's removal of it or exclusion of that person from access or use, the sheriff may levy and leave the property where found. (d) Notice of levy. The sheriff shall furnish a copy of the writ of execution and schedule to any person found by the sheriff to be in possession of the property, and, if that person is not the judgment debtor, the sheriff shall promptly mail a copy of the writ and schedule to the judgment debtor's last known address. (e) Return. Following a levy, the sheriff shall promptly file a return together with the schedule. If the writ of execution was received from another county under Rule 2-641 (b), a copy of the return and schedule shall also be filed in the county where the judgment was entered. MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 600. JUDGMENT Md. Rule 2-643 (2012) Rule 2-643. Release of property from levy (a) Upon satisfaction of judgment. Property is released from a levy when the judgment has been entered as satisfied and the costs of the enforcement proceedings have been paid.

(b) Upon posting bond. The judgment debtor may also obtain release of property from a levy by filing a bond in an amount sufficient to satisfy the judgment and enforcement costs. (c) Upon motion of judgment debtor. Upon motion of the judgment debtor, the court may release some or all of the property from a levy if it finds that (1) the judgment has been vacated, has expired, or has been satisfied, (2) the property is exempt from levy, (3) the judgment creditor has failed to comply with these rules or an order of court regarding the enforcement proceedings, (4) property sufficient in value to satisfy the judgment and enforcement costs will remain under the levy after the release, (5) the levy upon the specific property will cause undue hardship to the judgment debtor and the judgment debtor has delivered to the sheriff or made available for levy alternative property sufficient in value to satisfy the judgment and enforcement costs, or (6) the levy has existed for 120 days without sale of the property, unless the court for good cause extends the time. The motion and any response to the motion may be accompanied by a request for court review of the sheriff's appraisal made at the time of the levy. (d) Upon election of exemption by judgment debtor. By motion filed within 30 days after a levy, the judgment debtor may elect to exempt from execution of the judgment selected items of property or cash not exceeding in amount the cumulative value permitted by law. The motion and any response to the motion may be accompanied by a request for court review of the sheriff's appraisal made at the time of the levy. The court shall release from the levy items of cash or property selected by the debtor to the extent required by law. (e) Upon claim of a third person. A person other than the judgment debtor who claims an interest in property under levy may file a motion requesting that the property be released. The motion shall be served on the judgment creditor and, if reasonably feasible, on the judgment debtor. If the judgment debtor is not served and does not voluntarily appear, the claimant shall file an affidavit showing that reasonable efforts have been made to ascertain the whereabouts of the judgment debtor and to provide the judgment debtor with notice of the motion. The court may require further attempts to notify the judgment debtor. The judgment creditor or the judgment debtor may file a response to the motion. (f) Hearing. A party desiring a hearing on a motion filed pursuant to this Rule shall so request pursuant to Rule 2-311 (f) and, if requested, a hearing shall be held promptly.

MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 600. JUDGMENT Md. Rule 2-644 (2012)

Rule 2-644. Sale of property under levy (a) By sheriff. Upon request of the judgment creditor, the sheriff, without further order of court, shall sell property under levy in the manner provided by this Rule. No sale shall be made before 30 days after the levy or before disposition of an election made by the judgment debtor pursuant to Rule 2-643 (d). The sheriff may sell so much of the debtor's interest in the property under levy as is necessary to obtain the amount of the judgment and costs of the enforcement proceedings. The debtor's interest includes all legal and equitable interests of the debtor in the property at the time the judgment became a lien on the property. (b) Notice of sale. The sheriff shall give notice of the time, place, and terms of the sale. The notice shall be posted on the courthouse door or on a bulletin board in the immediate vicinity of the door of the courthouse and published in a newspaper of general circulation in the county where the property is located at least (1) ten days before the sale of an interest in personal property or (2) 20 days before the sale of an interest in real property. When the property under levy is perishable, the sheriff may sell the property with less notice or with no notice, if necessary to prevent spoilage and loss of value. (c) Conduct of sale. The sale shall be public and shall be held at the time and place given in the notice. The sale shall be for the highest cash offer, but the sheriff may reject all offers if they are unconscionably low and offer the property for sale at a later time. When both personal property and real property have been levied upon under the same judgment, the sheriff upon written request of the debtor received prior to the first publication of notice of a first sale, shall sell the property in the order requested. Otherwise the order of sale shall be in the discretion of the sheriff. (d) Transfer of real property following sale. The procedure following the sale of an interest in real property shall be as prescribed by Rule 14-305, except that (1) the provision of Rule 14-305 (f) for referral to an auditor does not apply and (2) the court may not ratify the sale until the judgment creditor has filed a copy of the public assessment record for the real property kept by the supervisor of assessments in accordance with Code, Tax-Property Article, 2-211. After ratification of the sale by the court, the sheriff shall execute and deliver to the purchaser a deed conveying the debtor's interest in the property, and if the interests of the debtor included the right to possession, the sheriff shall place the purchaser in possession of the property. It shall not be necessary for the debtor to execute the deed. (e) Transfer of personal property following sale. Following the sale of personal property, the sheriff shall execute and deliver to the purchaser a bill of sale conveying the debtor's interest in the property. If the interests of the debtor include the right to possession, the sheriff shall deliver the property to the purchaser. (f) Distribution of proceeds. The sheriff may withdraw from the proceeds of the sale all appropriate unpaid sheriff's expenses and fees incident to the enforcement proceedings. Unless otherwise ordered by the court, the sheriff shall distribute the balance of the proceeds of the sale, first to the judgment creditor in satisfaction of the amount owed under the judgment plus costs of the enforcement proceedings advanced by the creditor, and then, to the judgment debtor.

Cross references. -- Code, Courts Article, 11-510 and 11-511. (g) Report to the court. The sheriff shall file a report stating the property sold, the purchasers, the amount of the proceeds, and the distribution of the proceeds. HISTORY: (Amended Jan. 10, 1995, effective Feb. 1, 1995; June 5, 1996, effective Jan. 1, 1997; Nov. 12, 2003, effective Jan. 1, 2004; May 8, 2007, effective July 1, 2007.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 600. JUDGMENT Md. Rule 2-645 (2012) Rule 2-645. Garnishment of property -- Generally (a) Availability. Subject to the provisions of Rule 2-645.1, this Rule governs garnishment of any property of the judgment debtor, other than wages subject to Rule 2-646 and a partnership interest subject to a charging order, in the hands of a third person for the purpose of satisfying a money judgment. Property includes any debt owed to the judgment debtor, whether immediately payable or unmatured. (b) Issuance of writ. The judgment creditor may obtain issuance of a writ of garnishment by filing in the same action in which the judgment was entered a request that contains (1) the caption of the action, (2) the amount owed under the judgment, (3) the name and last known address of each judgment debtor with respect to whom a writ is requested, and (4) the name and address of the garnishee. Upon the filing of the request, the clerk shall issue a writ of garnishment directed to the garnishee. (c) Content. The writ of garnishment shall: (1) contain the information in the request, the name and address of the person requesting the writ, and the date of issue, (2) direct the garnishee to hold, subject to further proceedings, the property of each judgment debtor in the possession of the garnishee at the time of service of the writ and all property of each debtor that may come into the garnishee's possession after service of the writ, (3) notify the garnishee of the time within which the answer must be filed and that the failure to do so may result in judgment by default against the garnishee, (4) notify the judgment debtor and garnishee that federal and state exemptions may be available, (5) notify the judgment debtor of the right to contest the garnishment by filing a motion asserting a defense or objection.

Committee note. -- A writ of garnishment may direct a garnishee to hold the property of more than one judgment debtor if the name and address of each judgment debtor whose property is sought to be attached is stated in the writ. (d) Service. The writ shall be served on the garnishee in the manner provided by Chapter 100 of this Title for service of process to obtain personal jurisdiction and may be served in or outside the county. Promptly after service upon the garnishee, the person making service shall mail a copy of the writ to the judgment debtor's last known address. Proof of service and mailing shall be filed as provided in Rule 2-126. Subsequent pleadings and papers shall be served on the creditor, debtor, and garnishee in the manner provided by Rule 1-321. (e) Answer of garnishee. The garnishee shall file an answer within the time provided by Rule 2321. The answer shall admit or deny that the garnishee is indebted to the judgment debtor or has possession of property of the judgment debtor and shall specify the amount and nature of any debt and describe any property. The garnishee may assert any defense that the garnishee may have to the garnishment, as well as any defense that the judgment debtor could assert. After answering, the garnishee may pay any garnished indebtedness into court and may deliver to the sheriff any garnished property, which shall then be treated as if levied upon by the sheriff. A garnishee who has filed an answer admitting indebtedness to the judgment debtor or possession of property of the judgment debtor is not required to file an amended answer solely because of an increase in the garnishee's indebtedness to the judgment debtor or the garnishee's receipt of additional property of the debtor. (f) When no answer filed. If the garnishee fails to file a timely answer, the judgment creditor may proceed pursuant to Rule 2-613 for a judgment by default against the garnishee. (g) When answer filed. If the garnishee files a timely answer, the matters set forth in the answer shall be treated as established for the purpose of the garnishment proceeding unless the judgment creditor files a reply contesting the answer within 30 days after its service. If a timely reply is not filed, the court may enter judgment upon request of the judgment creditor, the judgment debtor, or the garnishee. If a timely reply is filed to the answer of the garnishee, the matter shall proceed as if it were an original action between the judgment creditor as plaintiff and the garnishee as defendant and shall be governed by the rules applicable to civil actions. (h) Interrogatories to garnishee. The judgment creditor may serve interrogatories directed to the garnishee pursuant to Rule 2-421. The interrogatories shall contain a notice to the garnishee that, unless answers are served within 30 days after service of the interrogatories or within the time for filing an answer to the writ, whichever is later, the garnishee may be held in contempt of court. The interrogatories shall also inform the garnishee that the garnishee must file a notice with the court pursuant to Rule 2-401 (d) at the time the answers are served. If the garnishee fails to serve timely answers to interrogatories, the court, upon petition of the judgment creditor and proof of service of the interrogatories, may enter an order in compliance with Rule 15-206 treating the failure to answer as a contempt and may require the garnishee to pay reasonable attorney's fees and costs. (i) Release of property; claim by third person. Before entry of judgment, the judgment debtor may seek release of the garnished property in accordance with Rule 2-643, except that a motion under

Rule 2-643 (d) shall be filed within 30 days after service of the writ of garnishment on the garnishee. Before entry of judgment, a third person claimant of the garnished property may proceed in accordance with Rule 2-643 (e). (j) Judgment. The judgment against the garnishee shall be for the amount admitted plus any amount that has come into the hands of the garnishee after service of the writ and before the judgment is entered, but not to exceed the amount owed under the creditor's judgment against the debtor and enforcement costs. (k) Termination of writ. Upon entry of a judgment against the garnishee pursuant to section (j) of this Rule, the writ of garnishment and the lien created by the writ shall terminate and the garnishee shall be under no obligation to hold any additional property of the debtor that may come into its possession after the judgment was entered. (l) Statement of satisfaction. Upon satisfaction by the garnishee of a judgment entered against it pursuant to section (j) of this Rule, the judgment creditor shall file a statement of satisfaction setting forth the amount paid. If the judgment creditor fails to file the statement of satisfaction, the garnishee may proceed under Rule 2-626. HISTORY: (Amended Apr. 7, 1986, effective July 1, 1986; Mar. 22, 1991, effective July 1, 1991; June 7, 1994, effective Oct. 1, 1994; June 5, 1996, effective Jan. 1, 1997; Dec. 10, 1996, effective July 1, 1997; Nov. 12, 2003, effective Jan. 1, 2004; May 8, 2007, effective July 1, 2007; April 21, 2011, effective May 1, 2011.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 600. JUDGMENT Md. Rule 2-645.1 (2012) Rule 2-645.1. Garnishment of account in financial institution (a) Definitions. The definitions in 31 C.F.R. 212.3 apply to terms used in this Rule. (b) Scope. This Rule applies to the garnishment of an account that is subject to the requirements, prohibitions, and limitations of 31 C.F.R. 212. (c) Application of Rule 2-645. Rule 2-645 applies to a garnishment subject to this Rule, except that this Rule prevails over Rule 2-645 to the extent of any inconsistency and the requirements, prohibitions, and limitations not contained in Rule 2-645 also apply. Committee note. -- Federal regulations found in 31 C.F.R. Part 212 contain requirements, prohibitions, and limitations applicable to the garnishment of accounts of a judgment debtor in a financial institution which prevail over any inconsistent State law. Relevant terms are defined in 31 C.F.R. 212.3 including "account," "account review," "financial institution," and "protected amount." This Rule is intended to comply with the Federal requirements.

(d) Content of Writ. (1) Directions to financial institution. -- Unless a Notice of Right to Garnish Federal Benefits that conforms with 31 C.F.R. 212.4 and Appendix B to 31 C.F.R. Part 212 is attached, a writ of garnishment subject to this Rule shall direct the financial institution: (A) not to hold property of the judgment debtor that constitutes a protected amount; (B) not to hold property of the judgment debtor that may come into the garnishee's possession following service of the writ if the account contains a protected amount; and (C) to comply with other applicable requirements, prohibitions, and limitations contained in 31 C.F.R. Part 212. (2) Notification to Judgment Debtor. -- A writ of garnishment subject to this Rule shall notify the judgment debtor that: (A) some Federal benefit payments may be automatically protected from garnishment and will not be held in response to the writ of garnishment; and (B) any claim for exemption for a non-protected amount must be filed with the court no later than 30 days after service of the writ of garnishment on the garnishee. (e) Answer of Garnishee. (1) The answer of the garnishee shall state, if applicable, that a protected amount is in the judgment debtor's account but need not specify the amount. Committee note. -- Subsection (e)(1) does not affect the requirement that the garnishee hold, subject to further proceedings, a non-protected amount that is in the garnishee's possession on the date of the account review and specify that amount in its answer. (2) If the answer of the garnishee states that the property held by the garnishee consists only of a protected amount, the garnishee shall include with the answer a request for a judgment in favor of the garnishee terminating the garnishment. HISTORY: (Added April 21, 2011, effective May 1, 2011.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 600. JUDGMENT Md. Rule 2-646 (2012) Rule 2-646. Garnishment of wages

(a) Applicability. This Rule governs garnishment of wages under Code, Commercial Law Article, 15-601 through 15-606. (b) Issuance of writ. The judgment creditor may obtain issuance of a writ of garnishment by filing in the same action in which the judgment was obtained a request that contains (1) the caption of the action, (2) the amount owed under the judgment, (3) the name and last known address of the judgment debtor, and (4) the name and address of the garnishee. Upon filing of the request, the clerk shall issue a writ of garnishment directed to the garnishee together with a blank answer form provided by the clerk. (c) Content. The writ of garnishment shall: (1) contain the information in the request, the name and address of the person requesting the writ, and the date of issue, (2) notify the garnishee of the time within which the answer must be filed and that failure to do so may result in the garnishee being held in contempt, (3) notify the judgment debtor and garnishee that federal and state exemptions may be available, (4) notify the judgment debtor of the right to contest the garnishment of wages by filing a motion asserting a defense or objection. (d) Service. The writ and answer form shall be served on the garnishee in the manner provided by Chapter 100 of this Title for service of process to obtain personal jurisdiction and may be served in or outside the county. Upon issuance of the writ, a copy of the writ shall be mailed to the debtor's last known address. Subsequent pleadings and papers shall be served on the creditor, debtor, and garnishee in the manner provided by Rule 1-321. (e) Response of garnishee and debtor. The garnishee shall file an answer within the time provided by Rule 2-321. The answer shall state whether the debtor is an employee of the garnishee and, if so, the rate of pay and the existence of prior liens. The garnishee may assert any defense that the garnishee may have to the garnishment, as well as any defense that the debtor could assert. The debtor may file a motion at any time asserting a defense or objection. (f) When no answer filed. If the garnishee fails to file a timely answer, the court on motion of the creditor may order the garnishee to show caused why the garnishee should not be held in contempt and required to pay reasonable attorney's fees and costs. (g) When answer filed. If the answer denies employment, the clerk shall dismiss the proceeding against the garnishee unless the creditor files a request for hearing within 15 days after service of the answer. If the answer asserts any other defense or if the debtor files a motion asserting a defense or objection, a hearing on the matter shall be scheduled promptly. (h) Interrogatories to garnishee. Interrogatories may be served on the garnishee by the creditor in

accordance with Rule 2-645 (h). (i) Withholding and remitting of wages. While the garnishment is in effect, the garnishee shall withhold all garnishable wages payable to the debtor. If the garnishee has asserted a defense or is notified that the debtor has done so, the garnishee shall remit the withheld wages to the court. Otherwise, the garnishee shall remit them to the creditor or the creditor's attorney within 15 days after the close of the debtor's last pay period in each month. The garnishee shall notify the debtor of the amount withheld each pay period and the method used to determine the amount. If the garnishee is served with more than one writ for the same debtor, the writs shall be satisfied in the order in which served. (j) Duties of the creditor. (1) Payments received by the creditor shall be credited first against accrued interest on the unpaid balance of the judgment, then against the principal amount of the judgment, and finally against attorney's fees and costs assessed against the debtor. (2) Within 15 days after the end of each month in which one or more payments are received from any source by the creditor for the account of the debtor, the creditor shall mail to the garnishee and to the debtor a statement disclosing the payments and the manner in which they were credited. The statement shall not be filed in court, but creditor shall retain a copy of each statement until 90 days after the termination of the garnishment proceeding and make it available for inspection upon request by any party or by the court. (3) If the creditor fails to comply with the provisions of this section, the court upon motion may dismiss the garnishment proceeding and order the creditor to pay reasonable attorney's fees and costs to the party filing the motion. (k) Termination of garnishment. A garnishment of wages terminates 90 days after cessation of employment unless the debtor is reemployed by the garnishee during that period. HISTORY: (Amended Nov. 20, 1984, effective Jan. 1, 1985; June 7, 1994, effective Oct. 1, 1994; Oct. 5, 1999.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 600. JUDGMENT Md. Rule 2-647 (2012) Rule 2-647. Enforcement of judgment awarding possession Upon the written request of the holder of a judgment awarding possession of property, the clerk shall issue a writ directing the sheriff to place that party in possession of the property. The request shall be accompanied by instructions to the sheriff specifying (a) the judgment, (b) the property and its location, and (c) the party to whom the judgment awards possession. The clerk shall

transmit the writ and the instructions to the sheriff. When a judgment awards possession of property or the payment of its value, in the alternative, the instructions shall also specify the value of the property, and the writ shall direct the sheriff to levy upon real or personal property of the judgment debtor to satisfy the judgment if the specified property cannot be found. When the judgment awards possession of real property located partly in the county where the judgment is entered and partly in an adjoining county, the sheriff may execute the writ as to all of the property. HISTORY: (Amended Apr. 7, 1986, effective July 1, 1986.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 600. JUDGMENT Md. Rule 2-648 (2012) Rule 2-648. Enforcement of judgment prohibiting or mandating action (a) Generally. When a person fails to comply with a judgment prohibiting or mandating action, the court may order the seizure or sequestration of property of the noncomplying person to the extent necessary to compel compliance with the judgment and, in appropriate circumstances, may hold the person in contempt pursuant to Rules 15-206 and 15-207. When a person fails to comply with a judgment mandating action, the court may direct that the act be performed by some other person appointed by the court at the expense of the person failing to comply. When a person fails to comply with a judgment mandating the payment of money, the court may also enter a money judgment to the extent of any amount due. (b) Against transferee of property. If property is transferred in violation of a judgment prohibiting or mandating action with respect to that property, and the property is in the hands of a transferee, the court may issue a subpoena for the transferee. If the court finds that the transferee had actual notice of the judgment at the time of the transfer, the transferee shall be subject to the sanctions provided for in section (a) of this Rule. If the court finds that the transferee did not have actual notice, the court may enter an order upon such terms and conditions as justice may require. HISTORY: (Amended Apr. 7, 1986, effective July 1, 1986; June 5, 1996, effective Jan. 1, 1997; July 23, 1997; Nov. 12, 2003, effective Jan. 1, 2004.) MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 600. JUDGMENT Md. Rule 2-649 (2012) Rule 2-649. Charging order (a) Issuance of order. Upon the written request of a judgment creditor of a partner, the court where the judgment was entered or recorded may issue an order charging the partnership interest of the judgment debtor with payment of all amounts due on the judgment. The court may order such

other relief as it deems necessary and appropriate, including the appointment of a receiver for the judgment debtor's share of the partnership profits and any other money that is or becomes due to the judgment debtor by reason of the partnership interest. (b) Service. The order shall be served on the partnership in the manner provided by Chapter 100 of this Title for service of process to obtain personal jurisdiction. The order may be served in or outside the county. Promptly after service of the order upon the partnership, the person making service shall mail a copy of the request and order to the judgment debtor's last known address. Proof of service and mailing shall be filed as provided in Rule 2-126. Subsequent pleadings and papers shall be served on the creditor, debtor, and partnership in the manner provided by Rule 1321. HISTORY: (Amended Nov. 9, 1994, effective Jan. 1, 1995; Nov. 12, 2003, effective Jan. 1, 2004.)

MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 600. JUDGMENT Md. Rule 2-651 (2012) Rule 2-651. Ancillary relief in aid of enforcement Upon motion and proof of service, a court in which a judgment has been entered or recorded may order such relief regarding property subject to enforcement of the judgment as may be deemed necessary and appropriate to aid enforcement of the judgment pursuant to these rules, including an order (a) to any person enjoining the destruction, alteration, transfer, removal, conveyance, assignment, or other disposition of such property, (b) to any person enjoining the negotiation, transfer, assignment, or other disposition of a document representing an interest in such property, (c) to any person directing the disclosure to the sheriff of the whereabouts of such property, (d) to any person directing that any such property which has been removed from the jurisdiction, concealed, or made inaccessible for the purpose of avoiding levy be delivered to the sheriff or made available for levy, (e) to any person directing the surrender to the sheriff of such property located in that state, and (f) to the sheriff of any county where such property is located directing the sheriff to take physical possession of and sequester such property. The motion shall be served on the person against whom the order is sought in the manner provided by Chapter 100 of this Title for service of process to obtain personal jurisdiction and if that person is not the judgment debtor, a copy of the motion shall be mailed to the judgment debtor's last known address. MARYLAND RULES TITLE 2. CIVIL PROCEDURE -- CIRCUIT COURT CHAPTER 600. JUDGMENT

Md. Rule 2-652 (2012) Rule 2-652. Enforcement of attorney's liens (a) Retaining lien. Except as otherwise provided by the Maryland Lawyers' Rules of Professional Conduct, an attorney who has a common-law retaining lien for legal services rendered to a client may assert the lien by retaining the papers of the client in the possession of the attorney until the attorney's claim is satisfied. Cross references. -- Maryland Lawyers' Rules of Professional Conduct 1.8, 1.15, and 1.16. (b) Statutory lien. An attorney who has a lien under Code, Business Occupations and Professions Article, 10-501, may assert the lien by serving a written notice by certified mail or personal delivery upon the client and upon each person against whom the lien is to be enforced. The notice shall claim the lien, state the attorney's interest in the action, proceeding, settlement, judgment, or award, and inform the client or other person to hold any money payable or property passing to the client relating to the action, proceeding, settlement, judgment, or award. Cross references. -- Code, Business Occupations and Professions Article, 10-501(d). (c) Adjudication of rights and lien disputes. (1) When a circuit court action has been filed. If a lien asserted pursuant to this Rule relates to an action that has been filed in a circuit court of this State, on motion filed by the attorney, the attorney's client in the action, or any person who has received a notice pursuant to section (b) of this Rule, the court shall adjudicate the rights of the parties in relation to the lien, including the attorney's entitlement to a lien, any dispute as to the papers subject to a lien under section (a) of this Rule, and the amount of the attorney's claim. (2) When no circuit court action has been filed. If a lien is asserted pursuant to this Rule and a related action has not been filed in a circuit court of this State, the attorney, the attorney's client, or any person who has received a notice pursuant to section (b) of this Rule may file a complaint with a circuit court to adjudicate the rights of the parties in relation to the lien, including the attorney's entitlement to a lien, any dispute as to the papers subject to a lien under section (a) of this Rule, and the amount of the attorney's claim. Cross references. -- For venue of a complaint filed pursuant to this section, see Code, Courts Article, 6-201 -- 203. HISTORY: (Added Sept. 11, 1995, effective Jan. 1, 1996; amended Oct. 31, 2002, effective Jan. 1, 2003; Feb. 8, 2005, effective July 1, 2005; May 8, 2007, effective July 1, 2007.) MARYLAND RULES TITLE 3. CIVIL PROCEDURE -- DISTRICT COURT CHAPTER 100. COMMENCEMENT OF ACTION AND PROCESS

Md. Rule 3-101 (2012) Rule 3-101. Commencement of action (a) Generally. A civil action is commenced by filing a complaint with a court. (b) After certain dismissals by a United States District Court or a court of another state. Except as otherwise provided by statute, if an action is filed in a United States District Court or a court of another state within the period of limitations prescribed by Maryland law and that court enters an order of dismissal (1) for lack of jurisdiction, (2) because the court declines to exercise jurisdiction, or (3) because the action is barred by the statute of limitations required to be applied by that court, an action filed in the District Court of Maryland within 30 days after the entry of the order of dismissal shall be treated as timely filed in this State. Cross references. -- Code, Courts Article, 5-115. (c) After dismissal by the circuit court for lack of subject matter jurisdiction. If an action is filed in the circuit court within the period of limitations prescribed by Maryland law and the circuit court dismisses the action for lack of subject matter jurisdiction, an action filed in the District Court of Maryland within 30 days after the entry of the order of dismissal shall be treated as timely filed in the District Court. HISTORY: (Amended May 14, 1992, effective July 1, 1992; Nov. 12, 2003, effective Jan. 1, 2004.) MARYLAND RULES TITLE 3. CIVIL PROCEDURE -- DISTRICT COURT CHAPTER 100. COMMENCEMENT OF ACTION AND PROCESS Md. Rule 3-102 (2012) Rule 3-102. Trial date and time (a) Fixed by clerk. Upon the filing of the complaint, the clerk shall fix the date and time for trial of the action. When the notice of intention to defend is due within 15 days after service, the original trial date shall be not less than 60 days after the complaint was filed. When the notice of intention to defend is due within 60 days after service, the original trial date shall be not less than 90 days after the complaint was filed. With leave of court, an action may be tried sooner than on the date originally fixed. Cross references. -- See Rule 3-307 concerning the time for filing a notice of intention to defend. (b) Reassignment. Subject to section (c) of this Rule, when service of process is not made and the summons becomes dormant pursuant to Rule 3-113, the clerk shall cancel the assigned trial date. If the summons is renewed pursuant to Rule 3-113, the clerk shall assign a new trial date and shall

notify the plaintiff of the reassignment. (c) Multiple defendants. When multiple defendants are joined in the action and one or more, but not all, are served, the action shall be tried as to those served on the assigned trial date unless continued pursuant to Rule 3-508. HISTORY: (Amended Nov. 12, 2003, effective Jan. 1, 2004.) MARYLAND RULES TITLE 3. CIVIL PROCEDURE -- DISTRICT COURT CHAPTER 100. COMMENCEMENT OF ACTION AND PROCESS Md. Rule 3-111 (2012) Rule 3-111. Process -- Requirements preliminary to summons (a) Copies to be furnished. For each summons to be issued the plaintiff shall furnish the clerk a copy of the complaint and a copy of each exhibit or other paper filed with the complaint. (b) Instructions for the sheriff. A person requesting service of process by the sheriff shall furnish to the clerk all available information as to the name and location, including the county where service is to be made, of the person to be served. The information required by this section may be included in the caption of the case. MARYLAND RULES TITLE 3. CIVIL PROCEDURE -- DISTRICT COURT CHAPTER 100. COMMENCEMENT OF ACTION AND PROCESS Md. Rule 3-112 (2012) Rule 3-112. Process -- Issuance of summons (a) Summons. Upon the filing of the complaint, the clerk shall issue forthwith a summons for each defendant and, as directed by the plaintiff, shall either deliver it, together with a copy of each paper filed, to the plaintiff or to the sheriff or mail it to the defendant by certified mail pursuant to Rule 3-121. Upon request of the plaintiff, more than one summons shall issue for a defendant. (b) Delivery to another county. When process is to be served by the sheriff of another county, the clerk may send the process to that sheriff for service. If a party requests personal delivery of the process at that party's expense to the sheriff of another county, the clerk shall furnish the process to a person designated by the party and approved by the clerk to make delivery. HISTORY: (Amended Nov. 12, 2003, effective Jan. 1, 2004.) MARYLAND RULES TITLE 3. CIVIL PROCEDURE -- DISTRICT COURT

CHAPTER 100. COMMENCEMENT OF ACTION AND PROCESS Md. Rule 3-113 (2012) Rule 3-113. Process -- Duration, dormancy, and renewal of summons A summons is effective for service only if served within 30 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.

MARYLAND RULES TITLE 3. CIVIL PROCEDURE -- DISTRICT COURT CHAPTER 100. COMMENCEMENT OF ACTION AND PROCESS Md. Rule 3-114 (2012) Rule 3-114. Process -- Content (a) Generally. All process shall be under the seal of the court and signed by the clerk. (b) Summons. A summons shall contain (1) the name of the court and the assigned docket reference, (2) the name and address of the party requesting the summons, (3) the name and address of the person to be served as set forth in the complaint, (4) the date of issue, (5) the time within which it must be served, (6) the assigned trial date, (7) the time within which the defendant must file a notice of intention to defend, (8) notification to the defendant that failure to file the notice of intention to defend within the time allowed may result in a judgment by default or the granting of the relief sought, and (9) the time within which the return of service shall be made. MARYLAND RULES TITLE 3. CIVIL PROCEDURE -- DISTRICT COURT CHAPTER 100. COMMENCEMENT OF ACTION AND PROCESS Md. Rule 3-115 (2012) Rule 3-115. Attachment before judgment (a) Request for writ. At the time of filing a complaint commencing an action or while the action is pending, a plaintiff entitled by statute to attachment before judgment may file a request for an order directing the issuance of a writ of attachment for levy or garnishment of property or credits of the defendant. The request may be made ex parte. The plaintiff shall file with the request an affidavit verifying the facts set forth in the complaint and stating the grounds for entitlement to the writ. The request and affidavit need not be served pursuant to Rule 1-321 at the time of filing. Cross references. -- Code, Courts Art. 3-302, 3-303, 3-304, 3-305.

(b) Single action. The request for the writ of attachment shall be filed in the same action as the complaint. The complaint and the request for the writ of attachment and all further proceedings shall constitute a single action and shall be docketed accordingly. Committee note. -- This section abolishes a former practice of having two separate cases, the "short note case" and the "attachment case." (c) Proceedings on request for writ. The court shall review the complaint, any exhibits, and the supporting affidavit. The court may require the plaintiff to supplement or explain any of the matters set forth in the documents or to provide further information regarding the property to be attached. If the court determines that the plaintiff is entitled to the writ of attachment, it shall order issuance of the writ conditioned on the filing of a bond by the plaintiff for the satisfaction of all costs and damages that may be awarded the defendant or a claimant of the property by reason of the attachment. The order shall prescribe the amount and security of the bond. (d) Issuance of writ. Upon entry of the order and the filing of the bond, the clerk shall issue one or more writs of attachment and shall attach to each writ a copy of the supporting affidavit filed with the request. When the writ directs a levy on the property of the defendant, the procedure shall be in accordance with Rules 3-641 and 3-642. When the writ directs a garnishment of property or credits of the defendant, the procedure shall be in accordance with Rule 3-645, except that no judgment shall be entered against the garnishee until a judgment is entered for the plaintiff on the claim. In applying Rules 3-641, 3-642, and 3-645, the plaintiff shall be treated as a judgment creditor and the defendant shall be treated as a judgment debtor, and a statement of the amount of the plaintiff's claim shall be treated as a statement of the amount owed under the judgment. (e) Notice of lien of attachment. When real property is attached, upon the filing of the return by the sheriff the clerk shall file a Notice of Lien marked "Attachment Before Judgment on Real Property." The notice shall contain (1) the name of each plaintiff, (2) the name and address of each defendant, (3) the assigned docket reference of the action, and (4) the name of the county in which the action was commenced. When the real property attached is located in Baltimore City, the Notice of Lien shall be filed with the clerk of the District Court sitting in Baltimore City and shall constitute a lien on the property when recorded among the judgment records of that court. When the real property is located outside of Baltimore City, the Notice of Lien shall be filed with the clerk of the circuit court for the county in which the property is located and shall constitute a lien on the property when entered by the clerk of the circuit court. If the attachment is dissolved, released, or otherwise modified, the clerk shall transmit a certified notice of that action to each clerk with whom a Notice of Lien was filed. (f) Proceedings on complaint. If the request for the writ of attachment accompanies the complaint, the clerk shall issue a summons pursuant to Rule 3-112 upon the filing of the complaint. If the whereabouts of the defendant are unknown or the summons is not served despite reasonable efforts to effect service and if the defendant does not voluntarily appear, the plaintiff may seek an order of publication pursuant to Rule 2-122 for in rem jurisdiction. The court may provide for additional

notice to the defendant by any means it deems appropriate. (g) Dissolution of attachment for lack of service. An attachment made before service of original process dissolves 60 days after making the levy or serving the garnishee unless before that time the summons is served upon the defendant or first publication is made pursuant to Rule 2-122, provided that publication is subsequently completed. Upon request made within the initial 60 day period, the court for good cause may extend the attachment for not more than 60 additional days to permit service to be made or publication commenced pursuant to this section. (h) Release of property or dissolution of attachment. A defendant who has appeared may obtain release of the attached property by posting a bond in an amount equal to the value of the property, as determined by the court, or in the amount of the plaintiff's claim, whichever is less, conditioned upon satisfaction of any judgment that may be recovered. Upon motion of a defendant who has appeared, the court may release some or all of the attached property if it finds that (1) the complaint has been dismissed or settled, (2) the plaintiff has failed to comply with the provisions of this Rule or an order of court regarding these proceedings, (3) the plaintiff fails to demonstrate the probability of success on the merits, (4) property of sufficient value to satisfy the claim and probable costs will remain subject to the attachment after the release, or (5) the attachment of the specific property will cause undue hardship to the defendant and the defendant has delivered to the sheriff or made available for levy alternative property sufficient in value to satisfy the claim and probable costs. Upon motion of a defendant or garnishee, the court may release some or all of the attached property on the ground that by law the property is automatically exempt from attachment without the necessity of election or it may dissolve the attachment on the ground that the plaintiff is not entitled to attachment before judgment. If the motion is filed before the defendant's notice of intention to defend is due pursuant to Rule 3-307, its filing shall be treated as an appearance for that purpose only. A party desiring a hearing on a motion filed pursuant to this section shall so request pursuant to Rule 3-311 (e) and, if requested, a hearing shall be held promptly. (i) Claim of property by third person. When attached property is claimed by a person other than the defendant, the claimant may proceed pursuant to Rule 3-643 (e). (j) Retention of levied or garnished property. All property and funds coming into the possession of the sheriff by virtue of an attachment shall be retained during the pendency of the action unless otherwise directed by the court. At the request of either party, the court may direct the sale or other disposition of any perishable property upon such terms and conditions as it deems just. (k) Judgment for defendant. If judgment is entered for the defendant, the court shall dissolve the attachment. On motion, the court shall then assess and enter judgment for any damages sustained by the defendant by reason of the attachment. (l) Judgment for plaintiff. If personal jurisdiction was not obtained over the defendant, any judgment for the plaintiff shall be an in rem judgment against the attached property, and entry and satisfaction of the judgment will not bar further pursuit of the plaintiff's claim in the same or

another action for any unpaid balance. When judgment is entered for the plaintiff, any funds paid to or collected by the sheriff and the proceeds of any pre-judgment sales of attached property shall be applied toward satisfaction of the judgment and the court shall order the sale of any other attached property to the extent necessary to satisfy the judgment. If personal jurisdiction was obtained over the defendant, the plaintiff may enforce the judgment as provided in Chapter 600 to the extent it remains unsatisfied after application of the proceeds from the attachment. HISTORY: (Amended Apr. 7, 1986, effective July 1, 1986; July 16, 1992; Oct. 31, 2002, effective Jan. 1, 2003.) MARYLAND RULES TITLE 3. CIVIL PROCEDURE -- DISTRICT COURT CHAPTER 100. COMMENCEMENT OF ACTION AND PROCESS Md. Rule 3-121 (2012) Rule 3-121. Process -- Service -- In personam (a) Generally. Service of process may be made within this State or, when authorized by the law of this State, outside of this State (1) by delivering to the person to be served a copy of the summons, complaint, and all other papers filed with it; (2) if the person to be served is an individual, by leaving a copy of the summons, complaint, and all other papers filed with it at the individual's dwelling house or usual place of abode with a resident of suitable age and discretion; or (3) by mailing to the person to be served a copy of the summons, complaint, and all other papers filed with it by certified mail requesting: "Restricted Delivery -- show to whom, date, address of delivery." Service by certified mail under this Rule is complete upon delivery. Service outside of the State may also be made in the manner prescribed by the court or prescribed by the foreign jurisdiction if reasonably calculated to give actual notice. (b) Evasion of service. When proof is made by affidavit that a defendant has acted to evade service, the court may order that service be made by mailing a copy of the summons, complaint, and all other papers filed with it to the defendant at the defendant's last known residence and delivering a copy of each to a person of suitable age and discretion at the place of business of the defendant. (c) By order of court. When proof is made by affidavit that good faith efforts to serve the defendant pursuant to section (a) of this Rule have not succeeded and that service pursuant to section (b) of this Rule is inapplicable or impracticable, the court may order any other means of service that it deems appropriate in the circumstances and reasonably calculated to give actual notice. (d) Methods not exclusive. The methods of service provided in this Rule are in addition to and not exclusive of any other means of service that may be provided by statute or rule for obtaining jurisdiction over a defendant. HISTORY: (Amended Oct. 5, 1999; Nov. 12, 2003, effective Jan. 1, 2004.)

MARYLAND RULES TITLE 3. CIVIL PROCEDURE -- DISTRICT COURT CHAPTER 100. COMMENCEMENT OF ACTION AND PROCESS Md. Rule 3-123 (2012) Rule 3-123. Process -- By whom served (a) Generally. Service of process may be made by a sheriff or, except as otherwise provided in this Rule, by a competent private person, 18 years of age or older, including an attorney of record, but not by a party to the action. (b) Sheriff. All process requiring execution other than delivery, mailing, or publication shall be executed by the sheriff of the county where execution takes place, unless the court orders otherwise. (c) Elisor. When the sheriff is a party to or interested in an action so as to be disqualified from serving or executing process, the court, on application of any interested party, may appoint an elisor to serve or execute the process. The appointment shall be in writing, signed by a judge, and filed with the clerk issuing the process. The elisor has the same power as the sheriff to serve or execute the process for which the elisor was appointed and is entitled to the same fees.

MARYLAND RULES TITLE 3. CIVIL PROCEDURE -- DISTRICT COURT CHAPTER 100. COMMENCEMENT OF ACTION AND PROCESS Md. Rule 3-124 (2012) Rule 3-124. Process -- Persons to be served (a) Statutes not abrogated. The provisions of this Rule do not abrogate any statute permitting or requiring service on a person. Committee note. -- Examples of statutes permitting or requiring service on a person include the Maryland Tort Claims Act, Code, State Government Article, 12-108 (a) (service of a complaint is sufficient only when made upon the Treasurer of the State); Code, Insurance Article, 4-107 (service on certain insurance companies is effected by serving the Insurance Commissioner); Code, Business Regulation Article, 4-402 (service on a non-resident "athlete agent" is effected by serving the Secretary of Labor, Licensing, and Regulation); Code, Business Regulation Article, 6202 (service on certain nonresident charitable organizations is effected by serving the Secretary of State); and Code, Courts Article, 3-405 (notice to the Attorney General is required immediately after a declaratory judgment action is filed alleging that a statute, municipal or county ordinance, or franchise is unconstitutional).

(b) Individual. Service is made upon an individual by serving the individual or an agent authorized by appointment or by law to receive service of process for the individual. (c) Individual under disability. Service is made upon an individual under disability by serving the individual and, in addition, by serving the parent, guardian, or other person having care or custody of the person or estate of the individual under disability. (d) Corporation. Service is made upon a corporation, incorporated association, or joint stock company by serving its resident agent, president, secretary, or treasurer. If the corporation, incorporated association, or joint stock company has no resident agent or if a good faith attempt to serve the resident agent, president, secretary, or treasurer has failed, service may be made by serving the manager, any director, vice president, assistant secretary, assistant treasurer, or other person expressly or impliedly authorized to receive service of process. (e) General partnership. Service made upon a general partnership sued in its group name in an action pursuant to Code, Courts Article, 6-406 by serving any general partner. (f) Limited partnership. Service is made upon a limited partnership by serving its resident agent. If the limited partnership has no resident agent or if a good faith attempt to serve the resident agent has failed, service may be made upon any general partner or other person expressly or impliedly authorized to receive service of process. (g) Limited liability partnership. Service is made upon a limited liability partnership by serving its resident agent. If the limited liability partnership has no resident agent or if a good faith attempt to serve the resident agent has failed, service may be made upon any other person expressly or impliedly authorized to receive service of process. (h) Limited liability company. Service is made upon a limited liability company by serving its resident agent. If the limited liability company has no resident agent or if a good faith attempt to serve the resident agent has failed, service may be made upon any member or other person expressly or impliedly authorized to receive service of process. (i) Unincorporated association. Service is made upon an unincorporated association sued in its group name pursuant to Code, Courts Article, 6-406 by serving any officer or member of its governing board. If there are no officers or if the association has no governing board, service may be made upon any member of the association. (j) State of Maryland. Service is made upon the State of Maryland by serving the Attorney General or an individual designated by the Attorney General in a writing filed with the Clerk of the Court of Appeals. In any action attacking the validity of an order of an officer or agency of this State not made a party, the officer or agency shall also be served. (k) Officer or agency of the State of Maryland. Service is made on an officer or agency of the State ofMaryland by serving (1) the resident agent designated by the officer or agency, or (2) the Attorney General or an individual designated by the Attorney General in a writing filed with the

Clerk of the Court of Appeals. If service is made on the Attorney General or a designee of the Attorney General and the officer or agency is not ordinarily represented by the Attorney General, the Attorney General or designee promptly shall forward the process and papers to the appropriate officer or agency. Committee note. -- This section does not purport to create a tort duty by directing the Attorney General to forward process and papers. See Erie Ins. Co. v. Chops, 322 Md. 79 (1991). Nor does this section obviate the need for personal service in accordance with section (b) of this Rule on an officer sued in the officer's individual capacity. Cross references. -- See Code, State Government Article, 6-109, which requires that a State agency not represented by the Attorney General file with the State Department of Assessments and Taxation a designation of its resident agent. (l) Local entity. Service is made on a county, municipal corporation, bicounty or multicounty agency, public authority, special taxing district, or other political subdivision or unit of a political subdivision of the State by serving the resident agent designated by the local entity. If the local entity has no resident agent or if a good faith effort to serve the resident agent has failed, service may be made by serving the chief executive or presiding officer or, if there is no chief executive or presiding officer, by serving any member of the governing body. Cross references. -- See Code, Article 24, 1-110 concerning a local entity's designation of a resident agent by filing with the State Department of Assessments and Taxation. (m) United States. Service is made upon the United States by serving the United States Attorney for the District of Maryland or an individual designated by the United States Attorney in a writing filed with the Chief Clerk of the court and by serving the Attorney General of the United States at Washington, District of Columbia. In any action attacking the validity of an order of an officer or agency of the United States not made a party, the officer or agency shall also be served. (n) Officer or agency of the United States. Service is made upon an officer or agency of the United States, including a government corporation, by serving the United States and by serving the officer or agency. (o) Substituted service upon State Department of Assessments and Taxation. Service may be made upon a corporation, limited partnership, limited liability partnership, limited liability company, or other entity required by statute of this State to have a resident agent by serving two copies of the summons, complaint, and all other papers filed with it, together with the requisite fee, upon the State Department of Assessments and Taxation if (i) the entity has no resident agent; (ii) the resident agent is dead or is no longer at the address for service of process maintained with the State Department of Assessments and Taxation; or (iii) two good faith attempts on separate days to serve the resident agent have failed. HISTORY: (Amended Nov. 19, 1987, effective July 1, 1988; June 7, 1994, effective Oct. 1, 1994; Jan. 10, 1995, effective Feb. 1, 1995; Apr. 9, 2002, effective July 1, 2002; Nov. 12, 2003, effective Jan. 1, 2004.)

MARYLAND RULES TITLE 3. CIVIL PROCEDURE -- DISTRICT COURT CHAPTER 100. COMMENCEMENT OF ACTION AND PROCESS Md. Rule 3-125 (2012) Rule 3-125. Process -- Service on Sundays and holidays Process may be served on a Sunday or holiday, except that a writ of distraint or for eviction or possession shall not be served on Sunday. HISTORY: (Amended Dec. 10, 1996, effective Jan. 1, 1997.) MARYLAND RULES TITLE 3. CIVIL PROCEDURE -- DISTRICT COURT CHAPTER 100. COMMENCEMENT OF ACTION AND PROCESS Md. Rule 3-126 (2012) Rule 3-126. Process -- Return (a) Service by delivery or mail. An individual making service of process by delivery or mailing shall file proof of the service with the court promptly and in any event within the time during which the person served must respond to the process. (1) If service is by delivery, the proof shall set forth the name of the person served, the date, and the particular place and manner of service. If service is made under Rule 3-121 (a)(2), the proof also shall set forth a description of the individual served and the facts upon which the individual making service concluded that the individual served is of suitable age and discretion. (2) If service is made by an individual other than a sheriff or clerk, the individual shall file proof under affidavit that includes the name, address, and telephone number of the affiant and a statement that the affiant is of the age of 18 or over. If service by certified mail is made by a person other than the clerk, the proof shall include the original return receipt. (3) If service by certified mail is made by the clerk, the receipt returned through the Post Office shall be promptly filed by the clerk as proof of service. (b) Service by publication or posting. Promptly and in any event within the time during which the person notified must respond, an individual making service of process pursuant to Rule 2-122 shall file with the court (1) the name, address, and telephone number of the individual making service, (2) proof of compliance with the Rule, and (3) a copy of the publication or posting notice. The certificate of the publisher constitutes proof of publication. (c) Other process. When process requires for its execution a method other than or in addition to

delivery or mailing, or publication or posting pursuant to Rule 2-122, the return shall be filed in the manner prescribed by rule or law promptly after execution of the process. (d) Service not made. An individual unable to make service of process in accordance with these rules shall file a return as soon thereafter as practicable and in no event later than ten days following the termination of the validity of the process. (e) Return to include process. A return shall include a copy of the process if served or the original process if not served. Committee note. -- Rule 1-202 defines "process" as "any written order issued by a court to secure compliance with its commands or to require action by any person and includes a summons, subpoena, an order of publication, a commission or other writ." (f) Place of return. In every instance the return shall be filed with the court issuing process. In addition, when a writ of attachment, a writ of execution, or any other writ against property is executed in another county, a return shall be filed with the court of that county. (g) Effect of failure to make proof of service. Failure to make proof of service does not affect the validity of the service. HISTORY: (Amended Nov. 12, 2003, effective Jan. 1, 2004; amended Nov. 8, 2005, effective Jan. 1, 2006; May 8, 2007, effective July 1, 2007.) MARYLAND RULES TITLE 3. CIVIL PROCEDURE -- DISTRICT COURT CHAPTER 100. COMMENCEMENT OF ACTION AND PROCESS Md. Rule 3-131 (2012) Rule 3-131. Appearance (a) By an attorney or in proper person. Except as otherwise provided by rule or statute: (1) an individual may enter an appearance by an attorney or in proper person and (2) a person other than an individual may enter an appearance only by an attorney. (b) How entered. An appearance may be entered by filing a pleading, motion, or notice of intention to defend, by filing a written request for the entry of an appearance, or, if the court permits, by orally requesting the entry of an appearance in open court. (c) Effect. The entry of an appearance is not a waiver of the right to assert any defense in accordance with these rules. Special appearances are abolished. HISTORY: (Amended Nov. 9, 1994, effective Jan. 1, 1995; Jan. 20, 1999, effective July 1, 1999; Feb. 10, 2009, effective May 1, 2009; June 7, 2011, effective July 1, 2011.)

MARYLAND RULES TITLE 3. CIVIL PROCEDURE -- DISTRICT COURT CHAPTER 100. COMMENCEMENT OF ACTION AND PROCESS Md. Rule 3-132 (2012) Rule 3-132. Striking of attorney's appearance (a) By notice. When the client has another attorney of record, an attorney may withdraw an appearance by filing a notice of withdrawal. (b) By motion. When the client has no other attorney of record, an attorney wishing to withdraw an appearance shall file a motion to withdraw. Except when the motion is made in open court, the motion shall be accompanied by the client's written consent to the withdrawal or the moving attorney's certificate that notice has been mailed to the client at least five days prior to the filing of the motion, informing the client of the attorney's intention to move for withdrawal and advising the client to have another attorney enter an appearance or to notify the clerk in writing of the client's intention to proceed in proper person. Unless the motion is granted in open court, the court may not order the appearance stricken before the expiration of the time prescribed by Rule 3-311 for requesting a hearing. The court may deny the motion if withdrawal of the appearance would cause undue delay, prejudice, or injustice. (c) Automatic termination of appearance. When no appeal has been taken from a final judgment, the appearance of an attorney is automatically terminated upon the expiration of the appeal period unless the court, on its own initiative or on motion filed prior to the automatic termination, orders otherwise. MARYLAND RULES TITLE 3. CIVIL PROCEDURE -- DISTRICT COURT CHAPTER 200. PARTIES Md. Rule 3-201 (2012) Rule 3-201. Real party in interest Every action shall be prosecuted in the name of the real party in interest, except that an executor, administrator, personal representative, guardian, bailee, trustee of an express trust, person with whom or in whose name a contract has been made for the benefit of another, receiver, trustee of a bankrupt, assignee for the benefit of creditors, or a person authorized by statute or rule may bring an action without joining the persons for whom the action is brought. When a statute so provides, an action for the use or benefit of another shall be brought in the name of the State of Maryland. No action shall be dismissed on the ground that it is not prosecuted in the name of the real party in interest until a reasonable time has been allowed after objection for joinder or substitution of the real party in interest. The joinder or substitution shall have the same effect as if the action had been commenced in the name of the real party in interest.

HISTORY: (Amended Nov. 12, 2003, effective Jan. 1, 2004; May 8, 2007, effective July 1, 2007.) MARYLAND RULES TITLE 3. CIVIL PROCEDURE -- DISTRICT COURT CHAPTER 200. PARTIES Md. Rule 3-202 (2012) Rule 3-202. Capacity (a) Generally. Applicable substantive law governs the capacity to sue or be sued of an individual, a corporation, a person acting in a representative capacity, an association, or any other entity. (b) Suits by individuals under disability. An individual under disability to sue may sue by a guardian or other like fiduciary or, if none, by next friend, subject to any order of court for the protection of the individual under disability. When a minor is in the sole custody of one of its parents, that parent has the exclusive right to sue on behalf of the minor for a period of one year following the accrual of the cause of action, and if the custodial parent fails to institute suit within the one year period, any person interested in the minor shall have the right to institute suit on behalf of the minor as next friend upon first mailing notice to the last known address of the custodial parent. (c) Settlement of suits on behalf of minors. A next friend who files an action for the benefit of a minor may settle the claim in accordance with this subsection. If the next friend is not a parent or person in loco parentis of the child, the settlement is not effective unless approved by each living parent or person in loco parentis.If (1) both parents are dead and there is no person in loco parentis of the child or (2) one of the parents does not approve the settlement, the settlement is not effective unless approved by the court in which the suit is pending. Approval may be granted only on verified application by the next friend, stating the facts of the case and why the settlement is in the best interest of the child. Cross references. -- For settlement of suits on behalf of minors, see Code, Courts Article, 6-405. For settlement of a claim not in suit asserted by a parent or person in loco parentis under a liability insurance policy, see Code, Insurance Article, 19-113. (d) Suits against individuals under disability. In a suit against an individual under disability, the guardian or other like fiduciary, if any, shall defend the action. The court shall order any guardian or other fiduciary in its jurisdiction who fails to comply with this section to defend the individual as required. If there is no such guardian or other fiduciary, the court shall appoint an attorney to represent and defend the individual. HISTORY: (Amended Nov. 8, 2005, effective Jan. 1, 2006.)

MARYLAND RULES TITLE 3. CIVIL PROCEDURE -- DISTRICT COURT CHAPTER 200. PARTIES Md. Rule 3-211 (2012) Rule 3-211. Required joinder of parties (a) Persons to be joined. Except as otherwise provided by law, a person who is subject to service of process shall be joined as a party in the action if in the person's absence (1) complete relief cannot be accorded among those already parties, or (2) disposition of the action may impair or impede the person's ability to protect a claimed interest relating to the subject of the action or may leave persons already parties subject to a substantial risk of incurring multiple or inconsistent obligations by reason of the person's claimed interest. The court shall order that the person be made a party if not joined as required by this section. If the person should join as a plaintiff but refuses to do so, the person shall be made either a defendant or, in a proper case, an involuntary plaintiff. (b) Reasons for nonjoinder. A pleading asserting a claim for relief shall state the name, if known to the pleader, of a person meeting the criteria of (1) or (2) of section (a) of this Rule who is not joined and the reason the person is not joined. (c) Effect of inability to join. If a person meeting the criteria of (1) or (2) of section (a) of this Rule cannot be made a party, the court shall determine whether the action should proceed among the parties before it or whether the action should be dismissed. Factors to be considered by the court include: to what extent a judgment rendered in the person's absence might be prejudicial to that person or those already parties; to what extent the prejudice can be lessened or avoided by protective provisions in the judgment or other measures; whether a judgment rendered in the person's absence will be adequate; and finally, whether the plaintiff will have an adequate remedy if the action is dismissed for nonjoinder. HISTORY: (Amended Nov. 12, 2003, effective Jan. 1, 2004.) MARYLAND RULES TITLE 3. CIVIL PROCEDURE -- DISTRICT COURT CHAPTER 200. PARTIES Md. Rule 3-212 (2012) Rule 3-212. Permissive joinder of parties (a) When permitted. All persons may join in one action as plaintiffs if they assert a right to relief jointly, severally, or in the alternative in respect to or arising out of the same transaction,

occurrence, or series of transactions or occurrences, and if any question of law or fact common to all these persons will arise in the action. All persons may be joined in one action as defendants if there is asserted against them jointly, severally, or in the alternative any right to relief in respect to or arising out of the same transaction, occurrence, or series of transactions or occurrences, and if any question of law or fact common to all defendants will arise in the action. A plaintiff or defendant need not be interested in obtaining or defending against all relief demanded. Judgment may be given for one or more of the plaintiffs according to their respective rights to relief and against one or more defendants according to their respective liabilities. (b) Safeguards. The court may make such orders as will prevent a party from being embarrassed, delayed, or put to expense by the inclusion of another who asserts no claim against the party and against whom the party asserts no claim, and may order separate trials or make other orders to prevent delay or prejudice. HISTORY: (Amended Nov. 12, 2003, effective Jan. 1, 2004.) MARYLAND RULES TITLE 3. CIVIL PROCEDURE -- DISTRICT COURT CHAPTER 200. PARTIES Md. Rule 3-213 (2012) Rule 3-213. Misjoinder and nonjoinder of parties Misjoinder of parties is not ground for dismissal of an action. So long as one of the original plaintiffs and one of the original defendants remain as parties to the action, parties may be dropped or added (a) by amendment to a pleading pursuant to Rule 3-341 or (b) by order of the court on motion of any party or on its own initiative at any stage of the action and on such terms as are just. Any claim against a party may be severed and proceeded with separately. HISTORY: (Amended Apr. 7, 1986, effective July 1, 1986; Nov. 12, 2003, effective Jan. 1, 2004.)

MARYLAND RULES TITLE 3. CIVIL PROCEDURE -- DISTRICT COURT CHAPTER 200. PARTIES Md. Rule 3-214 (2012) Rule 3-214. Intervention (a) Of right. Upon timely motion, a person shall be permitted to intervene in an action: (1) when the person has an unconditional right to intervene as a matter of law; or (2) when the person claims

an interest relating to the property or transaction that is the subject of the action, and the person is so situated that the disposition of the action may as a practical matter impair or impede the ability to protect that interest unless it is adequately represented by existing parties. (b) Permissive. (1) Generally. Upon timely motion a person may be permitted to intervene in an action when the person's claim or defense has a question of law or fact in common with the action. (2) Governmental interest. Upon timely motion the federal government, the State, a political subdivision of the State, or any officer or agency of any of them may be permitted to intervene in an action when the validity of a constitutional provision, charter provision, statute, ordinance, regulation, executive order, requirement, or agreement affecting the moving party is drawn in question in the action, or when a party to an action relies for ground of claim or defense on such constitutional provision, charter provision, statute, ordinance, regulation, executive order, requirement, or agreement. (3) Considerations. In exercising its discretion the court shall consider whether the intervention will unduly delay or prejudice the adjudication of the rights of the original parties. (c) Procedure. A person desiring to intervene shall file and serve a motion to intervene. The motion shall state the grounds therefor and shall be accompanied by a copy of the proposed pleading setting forth the claim or defense for which intervention is sought. An order granting intervention shall designate the intervenor as a plaintiff or a defendant. Thereupon, the intervenor shall promptly file the pleading and serve it upon all parties. HISTORY: (Amended Nov. 12, 2003, effective Jan. 1, 2004.)

MARYLAND RULES TITLE 3. CIVIL PROCEDURE -- DISTRICT COURT CHAPTER 200. PARTIES Md. Rule 3-221 (2012) Rule 3-221. Interpleader (a) Interpleader action. An action for interpleader or in the nature of interpleader may be brought against two or more adverse claimants who claim or may claim to be entitled to property. The claims of the several defendants or the title on which their claims depend need not have a common

origin or be identical but may be adverse to and independent of each other. The plaintiff may deny liability in whole or in part to any or all of the defendants. A defendant may likewise obtain interpleader by way of counterclaim or cross-claim. The provisions of this Rule supplement and do not in any way limit the joinder of parties permitted by Rule 3-212. The complaint for interpleader shall specify the nature and value of the property and may be accompanied by payment or tender into court of the property. The complaint may request, and the court may grant prior to entry of the order of interpleader pursuant to section (b) of this Rule, appropriate ancillary relief, including ex parte or preliminary injunctive relief. Cross references. -- For the definition of property, see Rule 1-202 (x). (b) Order of interpleader. After the defendants have had an opportunity to answer the complaint and oppose the request for interpleader, the court shall promptly schedule a hearing to determine the appropriate order to be entered. The order may: (1) dismiss the interpleader action; (2) require the defendants to interplead as to the property within a time specified, designating one or more of them as plaintiffs and one or more of them as defendants; (3) direct the original plaintiff (the party bringing the interpleader action) to deposit the property or the value of the property into court to abide the judgment of the court or to file a bond with such surety as the court deems proper, conditioned upon compliance by the plaintiff with the future order or judgment of the court with respect to the property; (4) enjoin the original defendants from bringing or prosecuting any other action affecting the property; (5) discharge the original plaintiff from further liability with respect to the property upon deposit of the property with the court; (6) award the original plaintiff costs and reasonable attorney's fees from the property if that plaintiff brought the action in good faith as an impartial stakeholder; (7) direct the distribution of any part of the property not in dispute. (c) Jury trial. A demand for jury trial as to those issues that are triable of right by a jury shall be filed not later than 15 days after the entry of the order of interpleader or such other time as the court may specify in the order of interpleader. (d) Subsequent procedure. Within the time specified in the order of interpleader, the designated plaintiff shall file a complaint setting forth the claim of that plaintiff and shall serve each designated defendant pursuant to Rule 1-321. The action thereafter shall proceed as any other action.

HISTORY: (Added May 14, 1992, effective July 1, 1992; amended Feb. 10, 2009, effective May 1, 2009; June 7, 2011, effective July 1, 2011.) MARYLAND RULES TITLE 3. CIVIL PROCEDURE -- DISTRICT COURT CHAPTER 200. PARTIES Md. Rule 3-241 (2012) Rule 3-241. Substitution of parties (a) Substitution. The proper person may be substituted for a party who (1) dies, if the action survives, (2) becomes incompetent, (3) transfers an interest in the action, whether voluntarily or involuntarily, (4) if a corporation, dissolves, forfeits its charter, merges, or consolidates, (5) if a public officer, ceases to hold office, or (6) if a guardian, personal representative, receiver, or trustee, resigns, is removed, or dies. (b) Procedure. Any party to the action, any other person affected by the action, the successors or representatives of the party, or the court may file a notice in the action substituting the proper person as a party. The notice shall set forth the reasons for the substitution and, in the case of death, the decedent's representatives, domicile, and date and place of death if known. The notice shall be served on all parties in accordance with Rule 1-321 and on the substituted party in the manner provided by Rule 3-121, unless the substituted party has previously submitted to the jurisdiction of the court. (c) Objection. Within 15 days after the service of the notice of substitution, a motion to strike the substitution may be filed. (d) Failure to substitute. If substitution is not made as provided in this Rule, the court may dismiss the action, continue the trial or hearing, or take such other action as justice may require. HISTORY: (Amended Nov. 12, 2003, effective Jan. 1, 2004; April 5, 2005, effective July 1, 2005.) MARYLAND RULES TITLE 3. CIVIL PROCEDURE -- DISTRICT COURT CHAPTER 300. PLEADINGS AND MOTIONS

Md. Rule 3-301 (2012) Rule 3-301. Form of action There shall be one form of action known as "civil action." HISTORY: (Amended Nov. 12, 2003, effective Jan. 1, 2004.) MARYLAND RULES TITLE 3. CIVIL PROCEDURE -- DISTRICT COURT CHAPTER 300. PLEADINGS AND MOTIONS Md. Rule 3-302 (2012) Rule 3-302. Pleadings allowed There shall be a complaint and a notice of intention to defend. There may be a counterclaim, a cross-claim, and a third-party complaint. There shall be a notice of intention to defend against any counterclaim, cross-claim, or third-party complaint. No other pleading shall be allowed. HISTORY: (Amended Nov. 12, 2003, effective Jan. 1, 2004.) MARYLAND RULES TITLE 3. CIVIL PROCEDURE -- DISTRICT COURT CHAPTER 300. PLEADINGS AND MOTIONS Md. Rule 3-303 (2012) Rule 3-303. Form of pleadings (a) Forms. As far as practicable, all pleadings shall be prepared on District Court forms prescribed by the Chief Judge of the District Court. The forms need not have a top margin and left hand margin of 11/2 inches. (b) Contents. Each averment of a pleading shall be simple, concise, and direct. No technical forms of pleadings are required. A pleading shall contain only such statements of fact as may be necessary to show the pleader's entitlement to relief or ground of defense. It shall not include argument, unnecessary recitals of law, evidence, or documents, or any immaterial, impertinent, or scandalous matter. (c) Consistency. A party may set forth two or more statements of a claim or defense alternatively or hypothetically. When two or more statements are made in the alternative and one of them if made independently would be sufficient, the pleading is not made insufficient by the insufficiency of one or more of the alternative statements. A party may also state as many separate claims or

defenses as the party has, regardless of consistency. (d) Adoption by reference. Statements in a pleading or other paper of record may be adopted by reference in a different part of the same pleading or paper of record or in another pleading or paper of record. A copy of any written instrument that is an exhibit to a pleading is a part thereof for all purposes. (e) Construction of pleadings. All pleadings shall be so construed as to do substantial justice. HISTORY: (Amended Mar. 22, 1991, effective July 1, 1991; Oct. 31, 2002, effective Jan. 1, 2003; Nov. 12, 2003, effective Jan. 1, 2004.) MARYLAND RULES TITLE 3. CIVIL PROCEDURE -- DISTRICT COURT CHAPTER 300. PLEADINGS AND MOTIONS Md. Rule 3-304 (2012) Rule 3-304. Pleading time and place Time and place shall be averred in a pleading when material to the cause of action or ground of defense. MARYLAND RULES TITLE 3. CIVIL PROCEDURE -- DISTRICT COURT CHAPTER 300. PLEADINGS AND MOTIONS Md. Rule 3-305 (2012) Rule 3-305. Claims for relief A pleading that sets forth a claim for relief, whether an original claim, counterclaim, crossclaim, or third-party claim, shall contain a clear statement of the facts necessary to constitute a cause of action and a demand for judgment for relief sought. Relief in the alternative or of several different types may be demanded. HISTORY: (Amended Nov. 12, 2003, effective Jan. 1, 2004.)

MARYLAND RULES TITLE 3. CIVIL PROCEDURE -- DISTRICT COURT CHAPTER 300. PLEADINGS AND MOTIONS

Md. Rule 3-306 (2012) 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. "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 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, 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 (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. (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 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 references. -- 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. (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; (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. 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. (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 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 references. -- Rule 3-509. (f) 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 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. HISTORY: (Amended September 8, 2011, effective January 1, 2012.)

MARYLAND RULES TITLE 3. CIVIL PROCEDURE -- DISTRICT COURT CHAPTER 300. PLEADINGS AND MOTIONS Md. Rule 3-307 (2012) Rule 3-307. Notice of intention to defend (a) To be filed with court -- When service not required. The defendant, including a counterdefendant, cross-defendant, and third-party defendant, shall file with the court a notice of intention to defend which may include any explanation or ground of defense. When the defendant is represented by an attorney, the notice shall be served in accordance with Rule 1-321. A defendant not represented by an attorney need not serve the notice on any party. (b) Time for filing. (1) Generally. Except as provided by subsection (b)(2) of this Rule, the notice shall be filed within 15 days after service of the complaint, counterclaim, cross-claim, or third-party claim. (2) Exceptions. A defendant shall file the notice within 60 days after being served if the defendant is: (A) served outside of the State; (B) a person who is required by statute of this State to have a resident agent and who is served by service upon the State Department of Assessments and Taxation, the Insurance Commissioner, or some other agency of the State authorized by statute to receive process; or (C) the United States or an officer or agency of the United States served pursuant to Rule 3-124 (m) or (n). (c) Identity of attorney. If the defendant is represented by an attorney, the notice shall contain the attorney's name, office address and telephone number. (d) Notice to parties. When the defendant files a notice pursuant to this Rule, the clerk promptly shall mail notice of the filing to other parties. (e) Effect of failure to file notice. If a defendant fails to file a timely notice of intention to defend pursuant to this Rule, the court, on the date set for trial, may determine liability and assess damages based on ex parte proof by the plaintiff, unless the defendant appears and the court is satisfied that the defendant may have a defense to the claim. In that event, the court shall proceed with trial or, upon request of the plaintiff, may grant a continuance for a time sufficient to allow the plaintiff to prepare for trial on the merits. HISTORY: (Amended Nov. 20, 1984, effective Jan. 1, 1985; Nov. 12, 2003, effective Jan. 1, 2004.)

MARYLAND RULES TITLE 3. CIVIL PROCEDURE -- DISTRICT COURT CHAPTER 300. PLEADINGS AND MOTIONS Md. Rule 3-308 (2012) Rule 3-308. Demand for proof When the defendant desires to raise an issue as to (1) the legal existence of a party, including a partnership or a corporation, (2) the capacity of a party to sue or be sued, (3) the authority of a party to sue or be sued in a representative capacity, (4) the averment of the execution of a written instrument, or (5) the averment of the ownership of a motor vehicle, the defendant shall do so by specific demand for proof. The demand may be made at any time before the trial is concluded. If not raised by specific demand for proof, these matters are admitted for the purpose of the pending action. Upon motion of a party upon whom a specific demand for proof is made, the court may continue the trial for a reasonable time to enable the party to obtain the demanded proof. HISTORY: (Amended September 8, 2011, effective January 1, 2012.) MARYLAND RULES TITLE 3. CIVIL PROCEDURE -- DISTRICT COURT CHAPTER 300. PLEADINGS AND MOTIONS Md. Rule 3-311 (2012) Rule 3-311. Motions (a) Generally. An application to the court for an order shall be by motion which, unless made during a hearing or trial, shall be made in writing, and shall set forth the relief or order sought. (b) Response. Except as otherwise provided in this section, a party against whom a motion is directed shall file any response within ten days after being served with the motion or within the time allowed for that party to file a notice of intention to defend pursuant to Rule 3-307 (b), whichever is later. Unless the court orders otherwise, no response need be filed to a motion filed pursuant to Rule 1-204, 3-533, or 3-534. If a party does not file a timely response, the court may proceed to rule on the motion. Cross references. -- See Rule 1-203 concerning the computation of time. (c) Statement of grounds; exhibits. A written motion and a response to a motion shall state with particularity the grounds. A party shall attach as an exhibit to a written motion or response any document that the party wishes the court to consider in ruling on the motion or response unless the document is adopted by reference as permitted by Rule 3-303 (d) or set forth as permitted by Rule

3-421 (g). (d) Hearing -- Motions for new trial or to amend the judgment. When a motion is filed pursuant to Rule 3-533 or 3-534, the court shall determine in each case whether a hearing will be held, but it may not grant the motion without a hearing. (e) Hearing -- Other motions. A party desiring a hearing on a motion, other than a motion filed pursuant to Rule 3-533 or 3-534, shall request the hearing in the motion or response under the heading "Request for Hearing." Except when a rule expressly provides for a hearing, the court shall determine in each case whether a hearing will be held, but the court may not render a decision that is dispositive of a claim or defense without a hearing if one was requested as provided in this section. Unless the court orders otherwise, a motion filed within ten days before the trial date shall be decided on the trial date. HISTORY: (Amended Mar. 22, 1991, effective July 1, 1991; Oct. 31, 2002, effective Jan. 1, 2003.) MARYLAND RULES TITLE 3. CIVIL PROCEDURE -- DISTRICT COURT CHAPTER 300. PLEADINGS AND MOTIONS Md. Rule 3-325 (2012) Rule 3-325. Jury trial (a) Demand -- Time for filing. (1) By plaintiff. A plaintiff whose claim is within the exclusive jurisdiction of the District Court may elect a trial by jury of any action triable of right by a jury by filing with the complaint a separate written demand therefor. (2) By defendant. A defendant, counter-defendant, cross-defendant, or third-party defendant may elect a trial by jury of any action triable of right by a jury by filing a separate written demand therefor within ten days after the time for filing a notice of intention to defend. (b) Waiver. The failure of a party to file the demand as provided in section (a) of this Rule constitutes a waiver of trial by jury of the action for all purposes, including trial on appeal. (c) Transmittal of record to circuit court. When a timely demand for jury trial is filed, the clerk shall transmit the record to the circuit court within 15 days. At any time before the record is transmitted pursuant to this section, the District Court may determine, on motion or on its own initiative, that the demand for jury trial was not timely filed or that the action is not triable of right by a jury. HISTORY: (Amended Apr. 7, 1986, effective July 1, 1986; June 3, 1988, effective July 1, 1988; Oct. 31, 2002, effective Jan. 1, 2003.)

MARYLAND RULES TITLE 3. CIVIL PROCEDURE -- DISTRICT COURT CHAPTER 300. PLEADINGS AND MOTIONS Md. Rule 3-326 (2012) Rule 3-326. Dismissal or transfer of action (a) Improper venue. A defense of improper venue may be raised by motion before or at commencement of trial. If a court on motion or on its own initiative determines that venue is improper, it may dismiss the action or, if it determines that in the interest of justice the action should not be dismissed, it may transfer the action to any county in which it could have been brought. (b) Convenience of the parties and witnesses. On motion of any party, the court may transfer any action to any other county where the action might have been brought if the transfer is for the convenience of the parties and witnesses and serves the interests of justice. (c) Domestic violence action. (1) In an action under Code, Family Law Article, Title 4, Subtitle 5, after entering a temporary protective order, the District Court, on motion or on its own initiative, may transfer the action to a circuit court for the final protective order hearing if, after inquiry, the District Court finds that (A) there is an action in the circuit court involving one or more of the parties in which there is an existing order or request for relief similar to that being sought in the District Court and (B) in the interests of justice, the action should be heard in the circuit court. (2) In determining whether a hearing in the circuit court is in the interests of justice, the Court shall consider (A) the safety of each person eligible for relief, (B) the convenience of the parties, (C) the pendency of other actions involving the parties or children of the parties in one of the courts, (D) whether a transfer will result in undue delay, (E) the services that may be available in or through each court, and (F) the efficient operation of the courts. (3) The consent of the parties is not required for a transfer under this section. (4) After the action is transferred, the circuit court has jurisdiction for the purposes of enforcing and extending the temporary protective order as allowed by law. Cross references. -- See Code, Family Law Article, 4-505 (c) concerning the duration and extension of a temporary protective order.

(d) Action for dishonored check. (1) Transfer to circuit court. In an action for damages exceeding $ 25,000 for a dishonored check or other instrument pursuant to Code, Commercial Law Article, 15-802, the District Court shall transfer the action to an appropriate circuit court upon a separate written demand filed by a defendant within 10 days after the time for filing a notice of intention to defend pursuant to Rule 3307. Failure to file a timely demand constitutes a waiver of the right to transfer the case to a circuit court. (2) Transmittal of record to circuit court. When a timely demand is filed, the clerk shall transmit the record to the circuit court within 15 days. At any time before the record is transmitted pursuant to this section, the District Court may determine on motion or on its own initiative that the demand for transfer was not timely filed or that the action was not entitled to be transferred pursuant to Code, Courts Article, 4-402 (f). HISTORY: (Amended Nov. 1, 2001, effective Jan. 1, 2002; Nov. 12, 2003, Jan. 1, 2004.) MARYLAND RULES TITLE 3. CIVIL PROCEDURE -- DISTRICT COURT CHAPTER 300. PLEADINGS AND MOTIONS Md. Rule 3-331 (2012) Rule 3-331. Counterclaim and cross-claim (a) Counterclaim against opposing party. A party may assert as a counterclaim any claim that party has against any opposing party, whether or not arising out of the transaction or occurrence that is the subject matter of the opposing party's claim. A counterclaim may or may not diminish or defeat the recovery sought by the opposing party. It may claim relief exceeding in amount or different in kind from that sought in the pleading of the opposing party. (b) Cross-claim against co-party. A party may assert as a cross-claim any claim that party has against a co-party arising out of the transaction or occurrence that is the subject matter either of the original action or of a counterclaim therein or relating to any property that is the subject matter of the original action. The cross-claim may include a claim that the party against whom it is asserted is or may be liable to the cross-claimant for all or part of a claim asserted in the action against the cross-claimant. (c) Joinder of additional parties. A person not a party to the action may be made a party to a counterclaim or cross-claim and shall be served as a defendant in an original action. When served with process, the person being added shall also be served with a copy of all pleadings, scheduling notices, court orders, and other papers previously filed in the action. (d) Time for filing. A party may file a counterclaim or cross-claim within ten days after the time for filing a notice of intention to defend, and thereafter only with leave of court for good cause

shown. (e) Time of trial. Unless otherwise ordered for good cause shown, the complaint and the counterclaim or cross-claim shall be tried at the time assigned for the trial of the complaint. (f) Exceeding jurisdiction of court. A party may not file a counterclaim or cross-claim that exceeds the monetary jurisdiction of the court, but the court, on motion of a party having such a claim and for good cause shown, may grant a stay of the action against that party for a period and on the terms it deems proper to permit the party to commence an action in the circuit court on that claim. HISTORY: (Amended June 21, 1995, effective Sept. 1, 1995; June 7, 2011, effective July 1, 2011.) MARYLAND RULES TITLE 3. CIVIL PROCEDURE -- DISTRICT COURT CHAPTER 300. PLEADINGS AND MOTIONS Md. Rule 3-332 (2012) Rule 3-332. Third-party practice (a) Defendant's claim against third party. A defendant, as a third-party plaintiff, may cause a summons and complaint, together with a copy of all pleadings, scheduling notices, court orders, and other papers previously filed in the action, to be served upon a person not a party to the action who is or may be liable to the defendant for all or part of a plaintiff's claim against the defendant. A person so served becomes a third-party defendant. (b) Response by third party. A third-party defendant shall file a notice of intention to defend pursuant to Rule 3-307 and may assert counterclaims against the third-party plaintiff and crossclaims against other third-party defendants as provided by Rule 3-331. The third-party defendant may assert against the plaintiff any defenses that the third-party plaintiff has to the plaintiff's claim. The third-party defendant may also assert any claim against the plaintiff arising out of the transaction or occurrence that is the subject matter of the plaintiff's claim against the third-party plaintiff. (c) Plaintiff's claim against third party. The plaintiff shall assert any claim against the third-party defendant arising out of the transaction or occurrence that is the subject matter of the plaintiff's claim against the third-party plaintiff, and the third-party defendant thereupon shall file a notice of intention to defend pursuant to Rule 3-307 and may assert counterclaims and cross-claims as provided by Rule 3-331. If the plaintiff fails to assert any such claim against the third-party defendant, the plaintiff may not thereafter assert that claim in a separate action instituted after the third-party defendant has been impleaded. This section does not apply when a third-party claim has been stricken pursuant to section (e) of this Rule. (d) Additional parties. A third-party defendant may proceed under this Rule against any person who is or may be liable to the third-party defendant for all or part of the claim made in the pending

action. When a counterclaim is asserted against a plaintiff, the plaintiff may cause a third party to be brought in under circumstances that would entitle a defendant to do so under this Rule. (e) Time for filing. A defendant may file a third-party claim at any time before ten days of the scheduled trial date. Within ten days of the scheduled trial date or after trial has commenced, a defendant may file a third-party claim only with the consent of the plaintiff or by order of court. HISTORY: (Amended June 21, 1995, effective Sept. 1, 1995; June 7, 2011, effective July 1, 2011.) MARYLAND RULES TITLE 3. CIVIL PROCEDURE -- DISTRICT COURT CHAPTER 300. PLEADINGS AND MOTIONS Md. Rule 3-341 (2012) Rule 3-341. Amendment of pleadings (a) Prior to 15 days of trial date. A party may file an amendment to a pleading at any time prior to 15 days of a scheduled trial date. Within 15 days after service of an amendment, any other party to the action may file a motion to strike setting forth reasons why the court should not allow the amendment. A notice of intention to defend previously filed pursuant to Rule 3-307 shall apply to the amendment. An adverse party who has not previously filed a notice of intent to defend shall do so within ten days after service of the amended pleading. (b) Within 15 days of trial date and thereafter. Within 15 days of a scheduled trial date or after trial has commenced, a party may file an amendment to a pleading only by written consent of the adverse party or by leave of court. If the amendment introduces new facts or varies the case in a material respect, the new facts or allegations shall be treated as having been denied by the adverse party. The court shall not grant a continuance or mistrial unless the ends of justice so require. (c) Scope. An amendment may seek to (1) change the nature of the action, (2) set forth a better statement of facts concerning any matter already raised in a pleading, (3) set forth transactions or events that have occurred since the filing of the pleading sought to be amended, (4) correct misnomer of a party, (5) correct misjoinder or nonjoinder of a party so long as one of the original plaintiffs and one of the original defendants remain as parties to the action, (6) add a party or parties, (7) make any other appropriate change. Amendments shall be freely allowed when justice so permits. Errors or defects in a pleading not corrected by an amendment shall be disregarded unless they affect the substantial rights of the parties. (d) If new party added. If a new party is added by amendment, the amending party shall cause a summons and complaint, together with a copy of all pleadings, scheduling notices, court orders, and other papers previously filed in the action, to be served upon the new party. HISTORY: (Amended June 21, 1995, effective Sept. 1, 1995.)

MARYLAND RULES TITLE 3. CIVIL PROCEDURE -- DISTRICT COURT CHAPTER 300. PLEADINGS AND MOTIONS Md. Rule 3-342 (2012) Rule 3-342. Amendment of other papers With leave of court and upon such terms as the court may impose, any motion or other paper may be amended.

MARYLAND RULES TITLE 3. CIVIL PROCEDURE -- DISTRICT COURT CHAPTER 400. DISCOVERY Md. Rule 3-401 (2012) Rule 3-401. General provisions governing discovery (a) Discovery methods. Except as otherwise provided in this Title, a party may obtain discovery by written interrogatories and, if a written stipulation is filed in the action, by deposition upon oral examination or written questions. The taking and use of a deposition permitted under this Rule shall be in accordance with Chapter 400 of Title 2. (b) Discovery materials. (1) Defined. For purposes of this section, the term "discovery material" means a notice of deposition, an objection to the form of a notice of deposition, the questions for a deposition upon written questions, an objection to the form of the questions for a deposition upon written questions, a deposition transcript, interrogatories, and a response to interrogatories. (2) Not to be filed with court. Except as otherwise provided in these rules or by order of court, discovery material shall not be filed with the court. Instead, the party generating the discovery material promptly shall file with the court a notice stating (A) the type of discovery material served, (B) the date and manner of service, and (C) the party or person served. The party generating the discovery material shall retain the original and shall make it available for inspection by any other party. This section does not preclude the use of discovery material at trial or as exhibits to support or oppose motions. HISTORY: (Amended Mar. 22, 1991, effective July 1, 1991; Oct. 31, 2002, effective Jan. 1, 2003; April 5, 2005, effective July 1, 2005.)

MARYLAND RULES TITLE 3. CIVIL PROCEDURE -- DISTRICT COURT CHAPTER 400. DISCOVERY Md. Rule 3-421 (2012) Rule 3-421. Interrogatories to parties (a) Scope. Unless otherwise limited by order of the court in accordance with this Rule, the scope of discovery by interrogatories is as follows: (1) Generally. A party may obtain discovery regarding any matter, not privileged, including the existence, description, nature, custody, condition, and location of any documents or other 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 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 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. (2) Insurance agreements. A party may obtain discovery of the existence and contents of any insurance agreement under which any person carrying on an insurance business might be liable to satisfy part or all of a judgment that might be entered in the action or to indemnify or reimburse for payments made to satisfy the judgment. Information concerning the insurance agreement is not by reason of disclosure admissible in evidence at trial. For purposes of this subsection, an application for insurance shall not be treated as part of an insurance agreement. (3) Request for documents by interrogatory. A party by interrogatory may request the party upon whom the interrogatory is served to attach to the response or submit for inspection the original or an exact copy of the following: (A) any written instrument upon which a claim or defense is founded; (B) a statement concerning the action or its subject matter previously made by the party seeking discovery, whether a written statement signed or otherwise adopted or approved by that party, or a stenographic, mechanical, electrical, or other recording, or a transcription thereof, that is a substantially verbatim recital of an oral statement made by that party and contemporaneously recorded; and (C) any written report, whether acquired or developed in anticipation of litigation or for trial, made by an expert whom the responding party expects to call as an expert witness at trial. If the responding party fails to furnish a written report requested pursuant to this subsection, the court,

upon motion of the discovering party, may enter any order that justice requires, including an order refusing to admit the testimony of the expert. (b) Availability; number; time for filing. Any party may serve written interrogatories directed to any other party. Unless the court orders otherwise, a party may serve only one set of not more than 15 interrogatories to be answered by the same party. Interrogatories, however grouped, combined or arranged and even though subsidiary or incidental to or dependent upon other interrogatories, shall be counted separately. Each form interrogatory contained in the Appendix to these Rules shall count as a single interrogatory. The plaintiff may serve interrogatories no later than ten days after the date on which the clerk mails the notice required by Rule 3-307 (d). The defendant may serve interrogatories no later than ten days after the time for filing a notice of intention to defend. (c) Protective order. On motion of a party filed within five days after service of interrogatories upon that party, and for good cause shown, the court may enter any order that justice requires to protect the party from annoyance, embarrassment, oppression, or undue burden or expense. (d) Response. The party to whom the interrogatories are directed shall serve a response within 15 days after service of the interrogatories or within five days after the date on which that party's notice of intention to defend is required, whichever is later. The response shall answer each interrogatory separately and fully in writing under oath, or shall state fully the grounds for refusal to answer any interrogatory. The response shall set forth each interrogatory followed by its answer. An answer shall include all information available to the party directly or through agents, representatives, or attorneys. The response shall be signed by the party making it. (e) Option to produce business records. When (1) the answer to an interrogatory may be derived or ascertained from the business records of the party upon whom the interrogatory has been served or from an examination, audit, or inspection of those business records or a compilation, abstract, or summary of them, and (2) the burden of deriving or ascertaining the answer is substantially the same for the party serving the interrogatory as for the party served, and (3) the party upon whom the interrogatory has been served has not already derived or ascertained the information requested, it is a sufficient answer to the interrogatory to specify the records from which the answer may be derived or ascertained and to afford to the party serving the interrogatory reasonable opportunity to examine, audit, or inspect the records and to make copies, compilations, abstracts, or summaries. A specification shall be in sufficient detail to permit the interrogating party to locate and to identify, as readily as can the party served, the records from which the answer may be ascertained. (f) Supplementation of response. A party who has responded to interrogatories and who obtains further material information before trial shall supplement the response promptly. (g) Motion for order compelling discovery. Within five days after service of the response, the discovering party may file a motion for an order compelling discovery. The motion shall set forth the interrogatory, any answer or objection, and the reasons why discovery should be compelled. Promptly after the time for a response has expired, the court shall decide the motion. (h) Sanctions for failure to respond. When a party to whom interrogatories are directed fails to serve a response after proper service of the interrogatories, the discovering party, upon reasonable

notice to other parties, may move for sanctions. The court, if it finds a failure of discovery, may enter such orders in regard to the failure as are just, including an order refusing to allow the failing party to support or oppose designated claims or defenses or prohibiting that party from introducing designated matters in evidence, or an order striking out pleadings or parts thereof, staying further proceedings until the discovery is provided, dismissing the action or any part thereof, or entering a judgment by default against the failing party if the court is satisfied that it has personal jurisdiction over that party. Cross references. -- Rule 1-341. (i) Use of answers. Answers served by a party to interrogatories may be used by any other party at the trial or a hearing to the extent permitted by the rules of evidence. If only part of an answer is offered in evidence by a party, an adverse party may require the offering party to introduce at that time any other part that in fairness ought to be considered with the part offered. HISTORY: (Amended Apr. 7, 1986, effective July 1, 1986; Mar. 22, 1991, effective July 1, 1991; Oct. 31, 2002, effective Jan. 1, 2003.) MARYLAND RULES TITLE 3. CIVIL PROCEDURE -- DISTRICT COURT CHAPTER 400. DISCOVERY Md. Rule 3-431 (2012) Rule 3-431. Perpetuation of testimony With leave of court for good cause shown, a party to a pending action may perpetuate the testimony of any party or person by deposition upon oral examination or written questions. Unless otherwise ordered by the court, the taking and use of the deposition shall be in accordance with Chapter 400 of Title 2. MARYLAND RULES TITLE 3. CIVIL PROCEDURE -- DISTRICT COURT CHAPTER 500. TRIAL Md. Rule 3-503 (2012) Rule 3-503. Consolidation; separate trials (a) Consolidation. (1) When permitted. When actions involve a common question of law or fact or a common subject matter, the court, on motion or on its own initiative, may order a joint hearing or trial or consolidation of any or all of the claims, issues, or actions. The court may enter any order regulating the proceeding, including the filing and serving of papers, that will tend to avoid unnecessary costs or delay.

(2) Transfer to circuit court for consolidation. An action instituted in the District Court may be transferred to a circuit court for consolidation with an action pending in that court under the circumstances described in Code, Courts Article, 6-104 (b). (b) Separate trials. In furtherance of convenience or to avoid prejudice, the court, on motion or on its own initiative, may order a separate trial of any claim, counterclaim, cross-claim, or third-party claim, or of any separate issue, or of any number of claims, counterclaims, cross-claims, thirdparty claims, or issues. MARYLAND RULES TITLE 3. CIVIL PROCEDURE -- DISTRICT COURT CHAPTER 500. TRIAL Md. Rule 3-504 (2012) Rule 3-504. Pretrial conference (a) Generally. The court, on motion or on its own initiative, may direct all parties to appear before it for a conference before trial. If the court directs, each party shall file not later than five days before the conference a written statement addressing the matters listed in section (b) of this Rule. (b) Matters to be considered. The following matters may be considered at a pretrial conference: (1) A brief statement by each plaintiff of the facts to be relied on in support of a claim; (2) A brief statement by each defendant of the facts to be relied on as a defense to a claim; (3) Similar statements as to any counterclaim, cross-claim, or third-party claim; (4) Any amendments required of the pleadings; (5) Simplification or limitation of issues; (6) Stipulations of fact or, if unable to agree, a statement of matters of which any party requests an admission; (7) The details of the damage claimed or any other relief sought as of the date of the pretrial conference; (8) A listing of the documents and records to be offered in evidence by each party at the trial, other than those expected to be used solely for impeachment, indicating which documents the parties agree may be offered in evidence without the usual authentication; (9) A listing by each party of the names and specialties of experts the party proposes to call as

witnesses; (10) Any other matter that the party wishes to raise at the conference. (c) Pretrial order. The court may enter an order that recites the decisions made at the conference. The order controls the subsequent course of the action but may be modified by the court to prevent manifest injustice. MARYLAND RULES TITLE 3. CIVIL PROCEDURE -- DISTRICT COURT CHAPTER 500. TRIAL Md. Rule 3-505 (2012) Rule 3-505. Disqualification of judge (a) Request for recusal. A party who believes that a fair and impartial trial cannot be had before the judge to whom the action has been assigned may request the assigned judge to disqualify himself or herself. If the judge grants the request, the action shall be reassigned by the administrative judge of the district or a person designated by the administrative judge. (b) Motion and affidavit. Without a request for recusal, or upon denial of a request by the assigned judge, a party may at any time before trial file a motion for reassignment with the administrative judge of the district or, if the assigned judge is the administrative judge of the district, with the Chief Judge of the District Court. The motion shall be accompanied by an affidavit alleging that the party cannot receive a fair and impartial trial before the assigned judge and setting forth reasonable grounds for the allegation. If the motion is granted, the action shall be reassigned. (c) Further reassignment by another party. When an action is reassigned upon motion of one party, any other party may obtain further reassignment pursuant to this Rule. MARYLAND RULES TITLE 3. CIVIL PROCEDURE -- DISTRICT COURT CHAPTER 500. TRIAL Md. Rule 3-506 (2012) Rule 3-506. Voluntary dismissal (a) By notice of dismissal or stipulation. Except as otherwise provided in these rules or by statute, a party who has filed a complaint, counterclaim, cross-claim, or third party claim may dismiss all or part of the claim without leave of court by filing (1) a notice of dismissal at any time before the adverse party files a notice of intention to defend, or if the notice of dismissal specifies that it is with prejudice, at any time before judgment, or (2) a stipulation of dismissal signed by all parties to the claim being dismissed.

(b) Dismissal upon stipulated terms. If an action is settled upon written stipulated terms and dismissed, the action may be reopened at any time upon request of any party to the settlement to enforce the stipulated terms through the entry of judgment or other appropriate relief. (c) By order of court. Except as provided in section (a) of this Rule, a party who has filed a complaint, counterclaim, cross-claim, or third party claim may dismiss the claim only by order of court and upon such terms and conditions as the court deems proper. (d) Effect on claim. Unless otherwise specified in the notice of dismissal, stipulation, or order of court, a dismissal is without prejudice, except that a notice of dismissal operates as an adjudication upon the merits when filed by a party who has previously dismissed in any court of any state or in any court of the United States an action based on or including the same claim. (e) Effect on counterclaim. If a counterclaim has been pleaded before the filing of a notice of dismissal or motion for voluntary dismissal, the dismissal of the action shall not affect the continued pendency of the counterclaim. (f) Costs. Unless otherwise provided by stipulation or order of court, the dismissing party is responsible for all costs of the action or the part dismissed. HISTORY: (Amended Nov. 12, 2003, effective Jan. 1, 2004; amended Nov. 8, 2005, effective Jan. 1, 2006.)

MARYLAND RULES TITLE 3. CIVIL PROCEDURE -- DISTRICT COURT CHAPTER 500. TRIAL Md. Rule 3-507 (2012) Rule 3-507. Dismissal for lack of jurisdiction or prosecution (a) For lack of jurisdiction. An action against any defendant who has not been served or over whom the court has not otherwise acquired jurisdiction is subject to dismissal as to that defendant at the expiration of one year from the last issuance of original process directed to that defendant. (b) For lack of prosecution. An action is subject to dismissal for lack of prosecution at the expiration of one year from the last docket entry, other than an entry made under this Rule, Rule 3131, or Rule 3-132. (c) Entry of dismissal. On motion of a defendant or on its own initiative, the court may dismiss an action without prejudice for lack of jurisdiction or prosecution. (d) Notification of dismissal. When an action is dismissed pursuant to section (c) of this Rule, the clerk shall serve a notice on all parties pursuant to Rule 1-321 that an order of dismissal for lack of

jurisdiction or prosecution has been entered and that the order of dismissal may be vacated and the action reinstated on motion filed within 30 days after service of the notice and for good cause shown. (e) Vacation of order. On motion filed at any time within 30 days after service of the notice, the court for good cause shown may vacate the order of dismissal and reinstate the action for the period and on the terms it deems proper.

MARYLAND RULES TITLE 3. CIVIL PROCEDURE -- DISTRICT COURT CHAPTER 500. TRIAL Md. Rule 3-508 (2012) Rule 3-508. Continuance (a) Generally. On motion of any party or on its own initiative, the court may continue a trial or other proceeding as justice may require. (b) Discovery not completed. When an action has been assigned a trial date, the trial shall not be continued on the ground that discovery has not yet been completed, except for good cause shown. (c) Legislative privilege. Upon request of an attorney of record who is a member or desk officer of the General Assembly, a proceeding that is scheduled during the period of time commencing five days before the legislative session convenes and ending ten days after its adjournment shall be continued. Upon request of an attorney of record who is a member of the Legislative Policy Committee or one of its committees or subcommittees or a member of a committee or subcommittee of the State legislature functioning during the legislative interim, a proceeding that is scheduled on the day of a meeting of the Committee or subcommittee shall be continued. When a brief or memorandum of law is required to be filed in a proceeding to be continued under the provisions of this section, the proceeding shall be continued for a time sufficient to allow it to be prepared and filed. (d) Costs. When granting a continuance for a reason other than one stated in section (c), the court may assess costs and expenses occasioned by the continuance.

MARYLAND RULES

TITLE 3. CIVIL PROCEDURE -- DISTRICT COURT CHAPTER 500. TRIAL Md. Rule 3-509 (2012) Rule 3-509. Trial upon default (a) Requirements of proof. When a motion for judgment on affidavit has not been filed by the plaintiff, or has been denied by the court, and the defendant has failed to appear in court at the time set for trial: (1) if the defendant did not file a timely notice of intention to defend, the plaintiff shall not be required to prove the liability of the defendant, but shall be required to prove damages; except that for claims arising from consumer debt, as defined in Rule 3-306 (a)(3), when the plaintiff is not the original creditor, as defined in Rule 3-306 (a)(5), the court (A) may require proof of liability, (B) shall consider the requirements set forth in Rule 3-306 (d), and (C) may also consider other competent evidence; (2) if the defendant filed a timely notice of intention to defend, the plaintiff shall be required to introduce prima facie evidence of the defendant's liability and to prove damages. For claims arising from consumer debt, as defined in Rule 3-306 (a)(3), when the plaintiff is not the original creditor, as defined in Rule 3-306 (a)(5), the court shall consider the requirements set forth in Rule 3-306 (d) and may also consider other competent evidence. (b) Property damage -- Affidavit. When the defendant has failed to appear for trial in an action for property damage, prima facie proof of the damage may be made by filing an affidavit to which is attached an itemized repair bill, or an itemized estimate of the costs of repairing the damaged property, or an estimate of the fair market value of the property. The affidavit shall be made on personal knowledge of the person making such repairs or estimate, or under whose supervision such repairs or estimate were made, and shall include the name and address of the affiant, a statement showing the affiant's qualification, and a statement that the bill or estimate is fair and reasonable. (c) Notice of judgment. Upon entry of a judgment against a defendant in default, the clerk shall mail notice of the judgment to the defendant at the address stated in the pleadings and shall ensure that the docket or file reflects compliance with this requirement. HISTORY: (Amended October 31, 2002, effective January 1, 2003; and September 8, 2011, effective January 1, 2012.)

MARYLAND RULES TITLE 3. CIVIL PROCEDURE -- DISTRICT COURT CHAPTER 500. TRIAL

Md. Rule 3-510 (2012) Rule 3-510. Subpoenas (a) Use. A subpoena is required to compel the person to whom it is directed to attend, give testimony, and produce designated documents or other tangible things at a court proceeding, including proceedings before an examiner. A subpoena is also required to compel a nonparty and may be used to compel a party over whom the court has acquired jurisdiction to attend, give testimony, and produce and permit inspection and copying of designated documents or other tangible things at a deposition taken pursuant to Rule 3-401 or 3-431. A subpoena shall not be used for any other purpose. If the court, on motion of a party alleging a violation of this section or on its own initiative, after affording the alleged violator a hearing, finds that a party or attorney used or attempted to use a subpoena for a purpose other than a purpose allowed under this section, the court may impose an appropriate sanction upon the party or attorney, including an award of a reasonable attorney's fee and costs, the exclusion of evidence obtained by the subpoena, and reimbursement of any person inconvenienced for time and expenses incurred. (b) Issuance. On the request of a person entitled to the issuance of a subpoena, the clerk shall issue a completed subpoena, or provide a blank form of subpoena which shall be filled in and returned to the clerk to be signed and sealed before service. On the request of an attorney or other officer of the court entitled to the issuance of a subpoena, the clerk shall issue a subpoena signed and sealed but otherwise in blank, which shall be filled in before service. (c) Form. Every subpoena shall contain: (1) the caption of the action, (2) the name and address of the person to whom it is directed, (3) the name of the person at whose request it is issued, (4) the date, time, and place where attendance is required, (5) a description of any documents or other tangible things to be produced. (d) Service. A subpoena shall be served by delivering a copy to the person named or to an agent authorized by appointment or by law to receive service for the person named or as permitted by Rule 3-121 (a)(3). Service of a subpoena upon a party represented by an attorney may be made by service upon the attorney under Rule 1-321 (a). A subpoena may be served by a sheriff of any county or by any person who is not a party and who is not less than 18 years of age. Unless impracticable, a party shall make a good faith effort to cause a trial or hearing subpoena to be served at least five days before the trial or hearing. Cross references. -- See Code, Courts Article, 6-410, concerning service upon certain persons other than the custodian of public records named in the subpoena if the custodian is not known and cannot be ascertained after a reasonable effort. As to additional requirements for certain subpoenas, see Code, Health-General Article, 4-306 (b)(6) and Code, Financial Institutions Article, 1-304. (e) Objection to subpoena for court proceedings. On motion of a person served with a subpoena to attend a court proceeding (including a proceeding before an examiner) filed promptly and, whenever practicable, at or before the time specified in the subpoena for compliance, the court may enter an order that justice requires to protect the person from annoyance, embarrassment,

oppression, or undue burden or expense, including one or more of the following: (1) that the subpoena be quashed or modified; (2) that the subpoena be complied with only at some designated time or place other than that stated in the subpoena; (3) that documents or other tangible things designated in the subpoena be produced only upon the advancement by the party serving the subpoena of the reasonable costs of producing them; or (4) that documents or other tangible things designated in the subpoena be delivered to the court at or before the proceeding or before the time when they are to be offered in evidence, subject to further order of court to permit inspection of them. (f) Objection to subpoena for deposition. A person served with a subpoena to attend a deposition may seek a protective order pursuant to Rule 2-403. If the subpoena also commands the production of documents or other tangible things at the deposition, the person served may seek a protective order pursuant to Rule 2-403 or may file, within ten days after service of the subpoena, an objection to production of any or all of the designated materials. The objection shall be in writing and shall state the reasons for the objection. If an objection is filed, the party serving the subpoena is not entitled to production of the materials except pursuant to an order of the court from which the subpoena was issued. At any time before or within 15 days after completion of the deposition and upon notice to the deponent, the party serving the subpoena may move for an order to compel the production. (g) Protection of persons subject to subpoenas. A party or an attorney responsible for the issuance and service of a subpoena shall take reasonable steps to avoid imposing undue burden or expense on a person subject to the subpoena. Cross references. -- For the availability of sanctions for violations of this section, see Rules 1-201 (a) and 1-341. (h) Records produced by custodians. (1) Generally. A custodian of records served with a subpoena to produce records at trial may comply by delivering the records to the clerk of the court that issued the subpoena at or before the time specified for production. The custodian may produce exact copies of the records designated unless the subpoena specifies that the original records be produced. The records shall be delivered in a sealed envelope labeled with the caption of the action, the date specified for production, and the name and address of the person at whose request the subpoena was issued. The records shall be accompanied by a certificate of the custodian that they are the complete records requested for the period designated in the subpoena and that the records are maintained in the regular course of business. The certification shall be prima facie evidence of the authenticity of the records. Cross references. -- Code, Health-General Article, 4-306 (b)(6); Code, Financial Institutions Article, 1-304.

(2) During Trial. Unless the court has ordered that the records may be inspected and copied prior to trial, upon commencement of the trial, the clerk shall release the records only to the courtroom clerk assigned to the trial. The courtroom clerk shall return the records to the clerk promptly upon completion of trial or at an earlier time if there is no longer a need for them. Upon final disposition of the action, the clerk shall return the original records to the custodian but need not return copies. (3) Presence of custodian. When the actual presence of the custodian of records is required, the subpoena shall state with specificity the reason for the presence of the custodian. Cross references. -- Code, Courts Article, 10-104 includes an alternative method of authenticating medical records in certain cases. (i) Attachment. A witness served with a subpoena under this Rule is liable to body attachment and fine for failure to obey the subpoena without sufficient excuse. The writ of attachment may be executed by the sheriff or peace officer of any county and shall be returned to the court issuing it. The witness attached shall be taken immediately before the court if then in session. If the court is not in session, the witness shall be taken before a judicial officer of the District Court for a determination of appropriate conditions of release to ensure the witness' appearance at the next session of the court that issued the attachment. HISTORY: (Amended Feb. 10, 1998, effective July 1, 1998; Apr. 9, 2002, effective July 1, 2002; Oct. 31, 2002, effective Jan. 1, 2003; Nov. 12, 2003, effective Jan. 1, 2004; Dec. 4, 2007, effective Jan. 1, 2008.)

MARYLAND RULES TITLE 3. CIVIL PROCEDURE -- DISTRICT COURT CHAPTER 500. TRIAL Md. Rule 3-513 (2012) Rule 3-513. Testimony taken by telephone (a) Definition. In this Rule, "telephone" means a landline telephone and does not include a cellular phone. (b) When testimony taken by telephone allowed; applicability. A court may allow the testimony of a witness to be taken by telephone (1) upon stipulation by the parties or (2) subject to sections (e) and (f) of this Rule, on motion of a party to the action and for good cause shown. This Rule applies only to testimony by telephone and does not preclude testimony by other remote means allowed by law or, with the approval of the court, agreed to by the parties. Cross references. -- For an example of testimony by other means allowed by law, see Code, Family Law Article, 9.5-110.

(c) Time for filing motion. Unless for good cause shown the court allows the motion to be filed later, a motion to take the testimony of a witness by telephone shall be filed at least 30 days before the trial or hearing at which the testimony is to be offered. (d) Contents of motion. The motion shall state the witness's name and, unless excused by the court: (1) address and telephone number for the witness; (2) the subject matter of the witness's expected testimony; (3) the reasons why testimony taken by telephone should be allowed, including any circumstances listed in section (e) of this Rule; (4) the location from which the witness will testify; (5) whether there will be any other individual present in the room with the witness while the witness is testifying and, if so, the reason for the individual's presence and the individual's name, if known; and (6) whether transmission of the witness's testimony will be from a wired handset, a wireless handset connected to the landline, or a speaker phone. (e) Good cause. A court may find that there is good cause to allow the testimony of a witness to be taken by telephone if: (1) the witness is otherwise unavailable to appear because of age, infirmity, or illness; (2) personal appearance of the witness cannot be secured by subpoena or other reasonable means; (3) a personal appearance would be an undue hardship to the witness; or (4) there are any other circumstances that constitute good cause for allowing the testimony of the witness to be taken by telephone. Committee note. -- This section applies to the witness's unavailability to appear personally in court, not to the witness's unavailability to testify. (f) When testimony taken by telephone is prohibited. If a party objects, a court shall not allow the testimony of a witness to be taken by telephone unless the court finds that: (1) the witness is not a party and will not be testifying as an expert; (2) the demeanor and credibility of the witness are not likely to be critical to the outcome of the proceeding;

(3) the issue or issues about which the witness is to testify are not likely to be so determinative of the outcome of the proceeding that the opportunity for face-to-face cross-examination is needed; (4) a deposition taken under these Rules is not a fairer way to present the testimony; (5) the exhibits or documents about which the witness is to testify are not so voluminous that testimony by telephone is impractical; (6) adequate facilities for taking the testimony by telephone are available; (7) failure of the witness to appear in person is not likely to cause substantial prejudice to a party; and (8) no other circumstance requires the personal appearance of the witness. (g) Use of deposition. A deposition of a witness whose testimony is received by telephone may be used by any party for any purpose for which the deposition could have been used had the witness appeared in person. (h) Costs. Unless the court orders otherwise for good cause, all costs of testimony taken by telephone shall be paid by the movant and may not be charged to any other party. HISTORY: (Added March 9, 2010, effective July 1, 2010.)

MARYLAND RULES TITLE 3. CIVIL PROCEDURE -- DISTRICT COURT CHAPTER 500. TRIAL Md. Rule 3-514 (2012) Rule 3-514. When court may require production of evidence When it appears to the court at a hearing or trial that the attendance or testimony of any person or the production of any document or tangible thing not produced by any party is necessary for the purpose of justice, the court (a) may order any party to produce the document or tangible thing for inspection by the court, or (b) may issue a subpoena for the production of the person, document, or tangible thing; and in either event the court may continue the hearing or trial to allow compliance with the order or subpoena, upon such conditions as to time, notice, cost, and security as the court deems proper. HISTORY: (Amended Apr. 7, 1986, effective July 1, 1986.)

MARYLAND RULES TITLE 3. CIVIL PROCEDURE -- DISTRICT COURT CHAPTER 500. TRIAL Md. Rule 3-516 (2012) Rule 3-516. Exhibits All exhibits marked for identification, whether or not offered in evidence and, if offered, whether or not admitted, shall form part of the record and, unless the court orders otherwise, shall remain in the custody of the clerk. With leave of court, a party may substitute a photograph or copy for any exhibit.

MARYLAND RULES TITLE 3. CIVIL PROCEDURE -- DISTRICT COURT CHAPTER 500. TRIAL Md. Rule 3-517 (2012) Rule 3-517. Method of making objections (a) Objections to evidence. An objection to the admission of evidence shall be made at the time the evidence is offered or as soon thereafter as the grounds for objection become apparent. Otherwise, the objection is waived. The grounds for the objection need not be stated unless the court, at the request of a party or on its own initiative, so directs. The court shall rule upon the objection promptly. When the relevancy of evidence depends upon the fulfillment of a condition of fact, the court may admit the evidence subject to the introduction of additional evidence sufficient to support a finding of the fulfillment of the condition. The objection is waived unless, at some time before the entry of judgment, the objecting party moves to strike the evidence on the ground that the condition was not fulfilled. Committee note. -- With respect to objections to the admissibility of evidence made and denied on pretrial motion, see Jones v. State, 9 Md. App. 455, 265 A.2d 271 (1970). (b) Continuing objections to evidence. At the request of a party or on its own initiative, the court may grant a continuing objection to a line of questions by an opposing party. For purposes of

review by the trial court or on appeal, the continuing objection is effective only as to questions clearly within its scope. (c) Objections to other rulings or orders. For purposes of review by the trial court or on appeal of any other ruling or order, it is sufficient that a party, at the time the ruling or order is made or sought, makes known to the court the action that the party desires the court to take or the objection to the action of the court. The grounds for the objection need not be stated unless these rules expressly provide otherwise or the court so directs. If a party has no opportunity to object to a ruling or order at the time it is made, the absence of an objection at that time does not constitute a waiver of the objection. (d) Formal exceptions unnecessary. A formal exception to a ruling or order of the court is not necessary.

MARYLAND RULES TITLE 3. CIVIL PROCEDURE -- DISTRICT COURT CHAPTER 500. TRIAL Md. Rule 3-519 (2012) Rule 3-519. Motion for judgment (a) Generally. A party may move for judgment on any or all of the issues in any action at the close of the evidence offered by an opposing party. The moving party shall state with particularity all reasons why the motion should be granted. No objection to the motion for judgment shall be necessary. A party does not waive the right to make the motion by introducing evidence during the presentation of an opposing party's case. (b) Disposition. When a defendant moves for judgment at the close of the evidence offered by the plaintiff, the court may proceed to determine the facts and to render judgment against the plaintiff or may decline to render judgment until the close of all the evidence. When a motion for judgment is made under any other circumstances, the court shall consider all evidence and inferences in the light most favorable to the party against whom the motion is made. (c) Effect of denial. A party who moves for judgment at the close of the evidence offered by an opposing party may offer evidence in the event the motion is not granted, without having reserved the right to do so and to the same extent as if the motion had not been made. In so doing, the party withdraws the motion. HISTORY: (Amended Nov. 12, 2003, effective Jan. 1, 2004.)

MARYLAND RULES TITLE 3. CIVIL PROCEDURE -- DISTRICT COURT CHAPTER 500. TRIAL Md. Rule 3-522 (2012) Rule 3-522. Decision In a contested trial, the judge, before or at the time judgment is entered, shall prepare and file or dictate into the record a brief statement of the reasons for the decision and the basis of determining any damages. HISTORY: (Amended Nov. 1, 2001, effective Jan. 1, 2002.)

MARYLAND RULES TITLE 3. CIVIL PROCEDURE -- DISTRICT COURT CHAPTER 500. TRIAL Md. Rule 3-533 (2012) Rule 3-533. Motion for new trial (a) Time for filing. 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. (b) Grounds. All grounds advanced in support of the motion shall be filed in writing within the time prescribed for the filing of the motion, and no other grounds shall thereafter be assigned without leave of court. (c) Disposition. The court may set aside all or part of any judgment entered and grant a new trial to all or any of the parties and on all of the issues, or some of the issues if the issues are fairly severable. If a partial new trial is granted, the judge may direct the entry of judgment as to the remaining parties or issues or stay the entry of judgment until after the new trial. (d) Costs. If a trial or appellate court has ordered the payment of costs as a part of its action in

granting a new trial, the trial court may order all further proceedings stayed until the costs have been paid. HISTORY: (Amended Nov. 12, 2003, effective Jan. 1, 2004.)

MARYLAND RULES TITLE 3. CIVIL PROCEDURE -- DISTRICT COURT CHAPTER 500. TRIAL Md. Rule 3-534 (2012) Rule 3-534. Motion to alter or amend a judgment 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. HISTORY: (Amended Nov. 12, 2003, effective Jan. 1, 2004.)

MARYLAND RULES TITLE 3. CIVIL PROCEDURE -- DISTRICT COURT CHAPTER 500. TRIAL Md. Rule 3-535 (2012) Rule 3-535. Revisory power (a) Generally. On motion of any party filed within 30 days after entry of judgment, the court may exercise revisory power and control over the judgment and may take any action that it could have taken under Rule 3-534. Cross references. -- For default judgments relating to citations issued for certain record-keeping violations, see Code, Transportation Article, 15-115.

(b) Fraud, mistake, irregularity. On motion of any party filed at any time, the court may exercise revisory power and control over the judgment in case of fraud, mistake, or irregularity. Committee note. -- This section is intended to be as comprehensive as Code, Courts Article, 6408. (c) Newly-discovered evidence. On motion of any party filed within 30 days after entry of judgment, the court may grant a new trial on the ground of newly-discovered evidence that could not have been discovered by due diligence in time to move for a new trial pursuant to Rule 3-533. (d) Clerical mistakes. Clerical mistakes in judgments, orders, or other parts of the record may be corrected by the court at any time on its own initiative, or on motion of any party after such notice, if any, as the court orders. During the pendency of an appeal, such mistakes may be so corrected before the appeal is docketed by the appellate court, and thereafter with leave of the appellate court. HISTORY: (Amended Oct. 31, 2002, effective Jan. 1, 2003; Nov. 12, 2003, effective Jan. 1, 2004.)

MARYLAND RULES TITLE 3. CIVIL PROCEDURE -- DISTRICT COURT CHAPTER 500. TRIAL Md. Rule 3-536 (2012) Rule 3-536. Disability of judge If, by reason of termination of office, absence, death, sickness, or other inability to act, a judge is unable to perform an act or duty in an action, any other judge authorized to act in that court may perform the act or duty if satisfied that he or she can properly do so. Otherwise, the other judge shall grant a new trial or such other relief as justice requires.

MARYLAND RULES TITLE 3. CIVIL PROCEDURE -- DISTRICT COURT CHAPTER 600. JUDGMENT Md. Rule 3-601 (2012) Rule 3-601. Entry of judgment (a) When entered. Upon a decision by the court denying or granting relief, the court shall enter the judgment promptly.

(b) Method of entry -- Date of judgment. The court shall enter a judgment by making a record of it in writing on the file jacket, or on a docket within the file, or in a docket book, according to the practice of each court, and shall record the actual date of the entry. That date shall be the date of the judgment. (c) Advice to judgment holder. Upon entering a judgment for a sum certain, except in Baltimore City, the court shall advise the judgment holder of the right to obtain a lien on real property pursuant to Rule 3-621. (d) Recording and indexing. Promptly after entry, the clerk shall record and index the judgment, except a judgment denying all relief without costs, in the judgment records of the court. HISTORY: (Amended Oct. 31, 2002, effective Jan. 1, 2003; Nov. 12, 2003, effective Jan. 1, 2004.) MARYLAND RULES TITLE 3. CIVIL PROCEDURE -- DISTRICT COURT CHAPTER 600. JUDGMENT Md. Rule 3-602 (2012) Rule 3-602. Judgments not disposing of entire action (a) Generally. Except as provided in section (b) of this Rule, an order or other form of decision, however designated, that adjudicates fewer than all of the claims in an action (whether raised by original claims, counterclaim, cross-claim, or third-party claim), or that adjudicates less than an entire claim, or that adjudicates the rights and liabilities of fewer than all the parties to the action: (1) is not a final judgment; (2) does not terminate the action as to any of the claims or any of the parties; and (3) is subject to revision at any time before the entry of a judgment that adjudicates all of the claims by and against all of the parties. (b) When allowed. If the court expressly determines in a written order that there is no just reason for delay, it may direct in the order the entry of a final judgment as to one or more but fewer than all of the claims or parties. HISTORY: (Amended Mar. 30, 1993, effective July 1, 1993; Nov. 12, 2003, effective Jan. 1, 2004.) MARYLAND RULES TITLE 3. CIVIL PROCEDURE -- DISTRICT COURT CHAPTER 600. JUDGMENT

Md. Rule 3-603 (2012) Rule 3-603. Costs (a) Allowance and allocation. Unless otherwise provided by rule, law, or order of court, the prevailing party is entitled to the allowance of costs. The court, by order, may allocate costs among the parties. Cross references. -- Code, Courts Art., 7-202. (b) Assessment by the court. When the court orders or requests a transcript or, on its own initiative, appoints an expert or interpreter, the court may assess as costs some or all of the expenses or may order payment of some or all of the expenses from public funds. On motion of a party and after hearing, if requested, the court may assess as costs any reasonable and necessary expenses, to the extent permitted by rule or law. (c) Joint liability. When an action is brought for the use or benefit of another as provided in Rule 3201, the person for whom the action is brought and the person bringing the action, except the State of Maryland, shall be liable for the payment of any costs assessed against either of them. MARYLAND RULES TITLE 3. CIVIL PROCEDURE -- DISTRICT COURT CHAPTER 600. JUDGMENT Md. Rule 3-604 (2012) Rule 3-604. Interest (a) Pre-judgment interest. Any pre-judgment interest awarded shall be separately stated in the decision and included in the judgment. (b) Post-judgment interest. A money judgment shall bear interest at the rate prescribed by law from the date of entry. MARYLAND RULES TITLE 3. CIVIL PROCEDURE -- DISTRICT COURT CHAPTER 600. JUDGMENT Md. Rule 3-611 (2012) Rule 3-611. Confessed judgment (a) Complaint; written instrument and affidavit required. A complaint seeking a confessed judgment shall be accompanied by the original or a copy of the written instrument authorizing the

confession of judgment for a liquidated amount and an affidavit in the following form: Affidavit for Judgment by Confession 1. I, , am competent to testify.

(Name of Affiant) 2. I am: [] the plaintiff in this action. or [] .

(If the Affiant is not the plaintiff, state the Affiant's relationship to the action.) 3. The original or a copy of the written instrument authorizing the confession of judgment against the defendant is attached to the complaint. 4. The amount due and owing under the instrument is: Principal Interest $ Total $ . $ $

5. The amount shown as the "Total" in Paragraph 4 is: [] the face amount of the instrument. or [] computed as follows:

(State the dates and amounts of all payments made and show the computation of all interest and attorneys' fees claimed.)

6. The address of the defendant is: [] or [] unknown, and the following efforts to locate the defendant have been made:

c (State specific details of the efforts made, including by whom and when the efforts were made.) 7. The instrument does not evidence or arise from a consumer loan as to which a confessed judgment clause is prohibited by Code, Commercial Law Article, 12-311 (b). 8. The instrument does not evidence or arise from a consumer transaction as to which a confessed judgment clause is prohibited by Code, Commercial Law Article, 13-301. 9. The instrument is not subject to the Maryland Retail Installment Sales Act as to which a confessed judgment clause is prohibited by Code, Commercial Law Article, 12-607. I solemnly affirm under the penalties of perjury that the contents of the foregoing Affidavit are true to the best of my knowledge, information, and belief.

(Signature of Affiant)

(Date) (b) Action by court. If the court determines that (1) the complaint complies with the requirements of section (a) of this Rule and (2) the pleadings and papers demonstrate a factual and legal basis for entitlement to a confessed judgment, the court shall direct the clerk to enter the judgment. Otherwise, it shall dismiss the complaint. (c) Notice. Promptly upon entry of a judgment by confession, the clerk, instead of a summons, shall issue a notice informing the defendant of entry of judgment and of the latest time for filing a motion to open, modify, or vacate the judgment. If the address of the defendant is stated in the affidavit, the notice and copies of the original pleadings shall be served on the defendant in accordance with Rule 3-121. If the court is satisfied from the affidavit filed by the plaintiff that

despite reasonable efforts the defendant cannot be served or the whereabouts of the defendant cannot be determined, the court shall provide for notice to the defendant in accordance with Rule 2-122. (d) Motion by defendant. The defendant may move to open, modify, or vacate the judgment within 30 days after service of the notice. The motion shall state the legal and factual basis for the defense to the claim. (e) Disposition of motion. If the court finds that there is a substantial and sufficient basis for an actual controversy as to the merits of the action, the court shall order the judgment by confession opened, modified, or vacated and permit the defendant to file a responsive pleading. (f) Delay of enforcement. Unless the court orders otherwise, property shall not be sold in execution of a judgment by confession and wages or other debt shall not be remitted by a garnishee to the judgment creditor until the expiration of the time for filing a motion under section (d) of this Rule and the disposition of any motion so filed. HISTORY: (Amended June 3, 1988, effective July 1, 1988; amended March 9, 2010, effective July 1, 2010.)

MARYLAND RULES TITLE 3. CIVIL PROCEDURE -- DISTRICT COURT CHAPTER 600. JUDGMENT Md. Rule 3-612 (2012) Rule 3-612. Consent judgment The court may enter a judgment at any time by consent of the parties. MARYLAND RULES TITLE 3. CIVIL PROCEDURE -- DISTRICT COURT CHAPTER 600. JUDGMENT Md. Rule 3-614 (2012) Rule 3-614. Judgment of contribution or recovery over If in a single action a judgment is entered jointly against more than one defendant, the court upon motion may enter an appropriate judgment for one of the defendants against another defendant if (a) the moving defendant has discharged the judgment by payment or has paid more than a pro rata share of the judgment and (b) the moving defendant has a right to contribution or to recovery over from the other defendant. A response to the motion may be filed within 15 days after its service, and judgment shall not be entered until the expiration of that period.

MARYLAND RULES TITLE 3. CIVIL PROCEDURE -- DISTRICT COURT CHAPTER 600. JUDGMENT Md. Rule 3-615 (2012) Rule 3-615. Judgment on claim and counterclaim When money damages are awarded on both a claim and a counterclaim, judgment shall be entered for the excess of one over the other.

MARYLAND RULES TITLE 3. CIVIL PROCEDURE -- DISTRICT COURT CHAPTER 600. JUDGMENT Md. Rule 3-621 (2012) Rule 3-621. Lien of money judgment (a) Generally. A money judgment constitutes a lien in the amount of the judgment and postjudgment interest on the judgment debtor's interest in land located in a county, except as provided by law, only in accordance with this Rule. (b) In Baltimore City. In Baltimore City a money judgment, when recorded and indexed pursuant to Rule 3-601 (d), constitutes a lien from the date of entry if entered in Baltimore City, or from the date of recording if received from another county. (c) In counties other than Baltimore City. (1) Notice of lien. A person holding a money judgment entered in a county other than Baltimore City may file with the clerk of the court of entry a request that a certified Notice of Lien of Judgment be transmitted for recording to the clerk of the circuit court for that county or any other county. Within 24 hours after the filing of the request, the clerk shall transmit the Notice of Lien. If the Notice of Lien is transmitted to another county, the clerk at the same time shall transmit a certified copy of the judgment to the clerk of the District Court sitting in that county. The clerk shall maintain a record of all transmittals.

(2) Content of notice. A Notice of Lien shall contain: (A) the names of the parties, designating each judgment creditor as a plaintiff and each judgment debtor as a defendant; (B) the name of the court and assigned docket reference; (C) the date of the judgment; and (D) the amount of the judgment. (3) Date of lien. When a Notice of Lien is recorded and indexed in the circuit court, the judgment constitutes a lien from the date of recording. HISTORY: (Amended Apr. 4, 1986, effective July 1, 1986.)

MARYLAND RULES TITLE 3. CIVIL PROCEDURE -- DISTRICT COURT CHAPTER 600. JUDGMENT Md. Rule 3-622 (2012) Rule 3-622. Transmittal to another county (a) Original judgment. Upon request of a person holding a judgment, the clerk shall transmit a certified copy to the clerk of the District Court in another county of this State and shall maintain a record of the transmittal. Upon receiving a certified copy of a judgment from another county, the receiving clerk shall record the judgment. (b) When judgment vacated, modified, or satisfied. When a judgment is vacated, modified, or satisfied, the clerk shall transmit a certified notice of that action to each clerk to whom a certified copy of the judgment was transmitted pursuant to section (a) of this Rule and Rule 3-621 (c) (1) and to each circuit court clerk to whom a Notice of Lien of Judgment was transmitted pursuant to Rule 3-621. MARYLAND RULES TITLE 3. CIVIL PROCEDURE -- DISTRICT COURT CHAPTER 600. JUDGMENT Md. Rule 3-624 (2012) Rule 3-624. Assignment of judgment When a judgment has been assigned in writing by the judgment holder, the assignment may be filed in the court where the judgment was entered. Upon the filing of an assignment, the clerk shall transmit a certified notice of the assignment to each clerk to whom a certified copy of the judgment was transmitted pursuant to Rules 3-621 (c) (1) and 3-622 (a) and to each circuit court clerk to whom a Notice of Lien of Judgment was transmitted pursuant to Rule 3-621. When an assignment is filed, the judgment may thereafter be enforced in the name of the assignee to the extent of the assigned interest.

HISTORY: (Amended Apr. 7, 1986, effective July 1, 1986.)

MARYLAND RULES TITLE 3. CIVIL PROCEDURE -- DISTRICT COURT CHAPTER 600. JUDGMENT Md. Rule 3-625 (2012) Rule 3-625. Expiration and renewal of money judgment A money judgment expires 12 years from the date of entry or most recent renewal. At any time before expiration of the judgment, the judgment holder may file a notice of renewal and the clerk shall enter the judgment renewed. Upon request of the judgment holder, the clerk shall transmit a copy of the notice of renewal to each clerk to whom a certified copy of the judgment was transmitted pursuant to Rules 3-621 (c) (1) and 3-622 and to each circuit court clerk to whom a Notice of Lien was transmitted pursuant to Rule 3-621, and the receiving clerk shall enter the judgment or Notice of Lien renewed. HISTORY: (Amended Apr. 7, 1986, effective July 1, 1986.)

MARYLAND RULES TITLE 3. CIVIL PROCEDURE -- DISTRICT COURT CHAPTER 600. JUDGMENT Md. Rule 3-626 (2012) Rule 3-626. Satisfaction of money judgment (a) Entry upon notice. Upon being paid all amounts due on a money judgment, the judgment creditor shall furnish to the judgment debtor and file with the clerk a written statement that the judgment has been satisfied. Upon the filing of the statement the clerk shall enter the judgment satisfied. (b) Entry upon motion. If the judgment creditor fails to comply with section (a) of this Rule, the judgment debtor may file a motion for an order declaring that the judgment has been satisfied. The motion shall be served on the judgment creditor in the manner provided in Rule 3-121. If the court is satisfied from an affidavit filed by the judgment debtor that despite reasonable efforts the judgment creditor cannot be served or the whereabouts of the judgment creditor cannot be determined, the court shall order service by the mailing of a copy of the motion to the judgment creditor's last known address.

(c) Costs and expenses. If the court enters an order of satisfaction, it shall order the judgment creditor to pay to the judgment debtor the costs and expenses incurred in obtaining the order, including reasonable attorney's fees, unless the court finds that the judgment creditor had a justifiable reason for not complying with the requirements set forth in section (a). If the motion for an order of satisfaction is denied, the court may award costs and expenses, including reasonable attorney's fees, under Rule 1-341. HISTORY: (Amended Apr. 7, 1986, effective July 1, 1986.)

MARYLAND RULES TITLE 3. CIVIL PROCEDURE -- DISTRICT COURT CHAPTER 600. JUDGMENT Md. Rule 3-631 (2012) Rule 3-631. Enforcement procedures available Judgments may be enforced only as authorized by these rules or by statute. HISTORY: (Amended June 3, 1988, effective July 1, 1988.) MARYLAND RULES TITLE 3. CIVIL PROCEDURE -- DISTRICT COURT CHAPTER 600. JUDGMENT Md. Rule 3-632 (2012) Rule 3-632. Stay of enforcement (a) Automatic. Except as otherwise provided in this Rule, enforcement of a money judgment is automatically stayed until the expiration of ten days after its entry. Cross references. -- For provisions concerning stays of judgments in municipal infraction cases, see Code, Article 23A, 3 (b) (7). For the definition of "money judgment," see Rule 1-202. (b) Discretionary. In its discretion and on such conditions for the security of the adverse party as are proper, the court may stay enforcement of a judgment pending the disposition of a motion for a new trial filed pursuant to Rule 3-533, a motion to alter or amend a judgment filed pursuant to Rule 3-534, or a motion to revise a judgment filed pursuant to Rule 3-535. (c) Multiple claims. When a court has entered a final judgment under the conditions stated in Rule 3-602, the court may stay enforcement of that judgment until the entering of a subsequent

judgment and may prescribe such conditions as are necessary to secure the benefit of the judgment to the party in whose favor the judgment is entered. (d) Pending appeal. Except as provided in this section and in section (e) of this Rule, a stay pending appeal is governed by the procedures set forth in Rules 8-422 through 8-424. References in those rules to the Court of Special Appeals shall be regarded as references to the circuit court having jurisdiction of the appeal. If the court determines that because of the nature of the action enforcement of the judgment should not be stayed by the filing of a supersedeas bond or other security, it may enter an order denying a stay or permitting a stay only on the terms stated in the order. (e) Injunction pending appeal. When an appeal is taken from an order or a judgment granting, dissolving, or denying an injunction, the court in its discretion may suspend, modify, restore, or grant an injunction during the pendency of the appeal upon such terms as to bond or otherwise as it considers proper for the security of the adverse party. (f) Power of appellate court not limited. The provisions of this Rule do not limit any power of an appellate court to stay proceedings during the pendency of an appeal or to suspend, modify, restore, or grant an injunction during the pendency of an appeal or to make any order appropriate to preserve the status quo or the effectiveness of the judgment subsequently to be entered. HISTORY: (Amended Mar. 30, 1993, effective July 1, 1993; June 7, 1994, effective Oct. 1, 1994; Dec. 10, 1996, effective July 1, 1997; Nov. 12, 2003, effective Jan. 1, 2004.)

MARYLAND RULES TITLE 3. CIVIL PROCEDURE -- DISTRICT COURT CHAPTER 600. JUDGMENT Md. Rule 3-633 (2012) Rule 3-633. Discovery in aid of enforcement (a) Methods. A judgment creditor may obtain discovery to aid enforcement of a money judgment (1) by use of interrogatories pursuant to Rule 3-421, and (2) by examination before a judge or an examiner as provided in section (b) of this Rule. Committee note. -- The discovery permitted by this Rule is in addition to the discovery permitted before the entry of judgment, and the limitations set forth in Rule 3-421 (b) apply separately to each. Thus, leave of court is not required under Rule 3-421 to serve one set of not more than 15 interrogatories on a judgment debtor solely because interrogatories were served upon that party before the entry of judgment.

(b) Examination before a judge or an examiner. On request of a judgment creditor, filed no earlier than 30 days after entry of a money judgment, the court where the judgment was entered or recorded may issue an order requiring the appearance for examination under oath before a judge or person authorized by the Chief Judge of the Court to serve as an examiner of (1) the judgment debtor, or (2) any other person if the court is satisfied by affidavit or other proof that it is probable that the person has property of the judgment debtor, is indebted for a sum certain to the judgment debtor, or has knowledge of any concealment, fraudulent transfer, or withholding of any assets belonging to the judgment debtor. The order shall specify when, where, and before whom the examination will be held and that failure to appear may result in the person served being held in contempt. The order shall be served upon the judgment debtor or other person in the manner provided by Rule 3-121. The judge or examiner may sequester persons to be examined, with the exception of the judgment debtor. Cross references. -- Code, Courts Article, 9-119. (c) Subsequent examinations. After an examination of a defendant or other person has been held pursuant to section (b) of this Rule, the court may order a subsequent appearance for examination of that defendant or other person on request of the same judgment creditor only for good cause shown. HISTORY: (Amended Apr. 7, 1986, effective July 1, 1986; Nov. 12, 2003, effective Jan. 1, 2004.) MARYLAND RULES TITLE 3. CIVIL PROCEDURE -- DISTRICT COURT CHAPTER 600. JUDGMENT Md. Rule 3-641 (2012) Rule 3-641. Writ of execution -- Issuance and content (a) Generally. A writ of execution directing the sheriff to levy upon property of the judgment debtor to satisfy a money judgment may be issued by the clerk of a court where the judgment was entered or is recorded and shall be issued only upon written request of the judgment creditor. If the levy is to be made upon real property located in a county other than Baltimore City, the clerk shall not issue the writ of execution unless it shall appear from that clerk's records or from a certification filed by the judgment creditor that a Notice of Lien has been recorded pursuant to Rule 3-621 in the circuit court for the county where the levy is to be made. The writ shall contain a notice advising the debtor that federal and state exemptions may be available and that there is a right to move for release of the property from the levy. The request shall be accompanied by instructions to the sheriff that shall specify (1) the judgment debtor's last known address, (2) the judgment and the amount owed under the judgment, (3) the property to be levied upon and its location, and (4) whether the sheriff is to leave the levied property where found, or to exclude others from access to it or use of it, or to remove it from the premises. The judgment creditor may file additional instructions as necessary and appropriate and deliver a copy to the sheriff. More than one writ may

be issued on a judgment, but only one satisfaction of a judgment may be had. (b) Issuance to another county. If a judgment creditor requests the clerk of the court where the judgment was entered to issue a writ of execution directed to the sheriff of another county, the clerk shall send to the clerk of the other county the writ, the instructions to the sheriff, and, if not already recorded there, a certified copy of the judgment for recording. (c) Transmittal to sheriff; bond. Upon issuing a writ of execution or receiving one from the clerk of another county, the clerk shall deliver the writ and instructions to the sheriff. The sheriff shall endorse on the writ the exact hour and date of its receipt and shall maintain a record of actions taken pursuant to it. If the instructions direct the sheriff to remove the property from the premises where found or to exclude others from access to or use of the property, the sheriff may require the judgment creditor to file with the sheriff a bond with security approved by the sheriff for the payment of any expenses that may be incurred by the sheriff in complying with the writ. HISTORY: (Amended May 8, 2007, effective July 1, 2007.)

MARYLAND RULES TITLE 3. CIVIL PROCEDURE -- DISTRICT COURT CHAPTER 600. JUDGMENT Md. Rule 3-642 (2012) Rule 3-642. Writ of execution -- Levy (a) Levy upon real property. Except as otherwise provided by law, the sheriff shall levy upon a judgment debtor's interest in real property pursuant to a writ of execution by entering a description of the property upon a schedule and by posting a copy of the writ and the schedule in a prominent place on the property. (b) Levy upon personal property. Except as otherwise provided by law, the sheriff shall levy upon a judgment debtor's interest in personal property pursuant to a writ of execution by obtaining actual view of the property, entering a description of the property upon a schedule, and (1) removing the property from the premises, or (2) affixing a copy of the writ and schedule to the property, or (3) posting a copy of the writ and schedule in a prominent place in the immediate vicinity of the property and affixing to each item of property a label denoting that the property has been levied upon by the sheriff, or (4) posting a copy of the writ and schedule in a prominent place in the immediate vicinity of the property without affixing a label to each item of property if affixing a label to each item of property is possible but not practical. (c) Possession of personal property by third person. When the sheriff has been instructed to remove the property from the premises or exclude others from access or use and finds the property in the possession of a person, other than the judgment debtor, who asserts entitlement to possession and objects to the sheriff's removal of it or exclusion of that person from access or use, the sheriff may

levy and leave the property where found. (d) Notice of levy. The sheriff shall furnish a copy of the writ of execution and schedule to any person found by the sheriff to be in possession of the property, and, if that person is not the judgment debtor, the sheriff shall promptly mail a copy of the writ and schedule to the judgment debtor's last known address. (e) Return. Following a levy, the sheriff shall promptly file a return together with the schedule. If the writ of execution was received from another county under Rule 3-641 (b), a copy of the return and schedule shall also be filed in the county where the judgment was entered. MARYLAND RULES TITLE 3. CIVIL PROCEDURE -- DISTRICT COURT CHAPTER 600. JUDGMENT Md. Rule 3-643 (2012) Rule 3-643. Release of property from levy (a) Upon satisfaction of judgment. Property is released from a levy when the judgment has been entered as satisfied and the costs of the enforcement proceedings have been paid. (b) Upon posting bond. The judgment debtor may also obtain release of property from a levy by filing a bond in an amount sufficient to satisfy the judgment and enforcement costs. (c) Upon motion of judgment debtor. Upon motion of the judgment debtor, the court may release some or all of the property from a levy if it finds that (1) the judgment has been vacated, has expired, or has been satisfied, (2) the property is exempt from levy, (3) the judgment creditor has failed to comply with these rules or an order of court regarding the enforcement proceedings, (4) property sufficient in value to satisfy the judgment and enforcement costs will remain under the levy after the release, (5) the levy upon the specific property will cause undue hardship to the judgment debtor and the judgment debtor has delivered to the sheriff or made available for levy alternative property sufficient in value to satisfy the judgment and enforcement costs, or (6) the levy has existed for 120 days without sale of the property, unless the court for good cause extends the time. The motion and any response to the motion may be accompanied by a request for court review of the sheriff's appraisal made at the time of the levy. (d) Upon election of exemption by judgment debtor. By motion filed within 30 days after a levy, the judgment debtor may elect to exempt from execution of the judgment selected items of property or cash not exceeding in amount the cumulative value permitted by law. The motion and any response to the motion may be accompanied by a request for court review of the sheriff's appraisal made at the time of the levy. The court shall release from the levy items of cash or property selected by the debtor to the extent required by law.

(e) Upon claim of a third person. A person other than the judgment debtor who claims an interest in property under levy may file a motion requesting that the property be released. The motion shall be served on the judgment creditor and, if reasonably feasible, on the judgment debtor. If the judgment debtor is not served and does not voluntarily appear, the claimant shall file an affidavit showing that reasonable efforts have been made to ascertain the whereabouts of the judgment debtor and to provide the judgment debtor with notice of the motion. The court may require further attempts to notify the judgment debtor. The judgment creditor or the judgment debtor may file a response to the motion. (f) Hearing. A party desiring a hearing on a motion filed pursuant to this Rule shall so request pursuant to Rule 3-311 (e) and, if requested, a hearing shall be held promptly. HISTORY: (Amended Oct. 31, 2002, effective Jan. 1, 2003.)

MARYLAND RULES TITLE 3. CIVIL PROCEDURE -- DISTRICT COURT CHAPTER 600. JUDGMENT Md. Rule 3-644 (2012) Rule 3-644. Sale of property under levy (a) By sheriff. Upon request of the judgment creditor, the sheriff, without further order of court, shall sell property under levy in the manner provided by this Rule. No sale shall be made before 30 days after the levy or before disposition of an election made by the judgment debtor pursuant to Rule 3-643 (d). The sheriff may sell so much of the debtor's interest in the property under levy as is necessary to obtain the amount of the judgment and costs of the enforcement proceedings. The debtor's interest includes all legal and equitable interests of the debtor in the property at the time the judgment became a lien on the property. (b) Notice of sale. The sheriff shall give notice of the time, place, and terms of the sale. The notice shall be posted on the courthouse door or on a bulletin board in the immediate vicinity of the door of the courthouse and published in a newspaper of general circulation in the county where the property is located at least (1) ten days before the sale of an interest in personal property or (2) 20 days before the sale of an interest in real property. When the property under levy is perishable, the sheriff may sell the property with less notice or with no notice, if necessary to prevent spoilage and loss of value. (c) Conduct of sale. The sale shall be public and shall be held at the time and place given in the notice. The sale shall be for the highest cash offer, but the sheriff may reject all offers if they are unconscionably low and offer the property for sale at a later time. When both personal property and real property have been levied upon under the same judgment, the sheriff upon written request of the debtor received prior to the first publication of notice of a first sale, shall sell the property in

the order requested. Otherwise the order of sale shall be in the discretion of the sheriff. (d) Transfer of real property following sale. The procedure following the sale of an interest in real property shall be as prescribed by Rule 14-305, except that (1) the provision of Rule 14-305 (c) (4) for referral to an auditor does not apply and (2) the court may not ratify the sale until the judgment creditor has filed a copy of the public assessment record for the real property kept by the supervisor of assessments in accordance with Code, Tax-Property Article, 2-211. After ratification of the sale by the court, the sheriff shall execute and deliver to the purchaser a deed conveying the debtor's interest in the property, and if the interests of the debtor included the right to possession, the sheriff shall place the purchaser in possession of the property. It shall not be necessary for the debtor to execute the deed. (e) Transfer of personal property following sale. Following the sale of personal property, the sheriff shall execute and deliver to the purchaser a bill of sale conveying the debtor's interest in the property. If the interests of the debtor include the right to possession, the sheriff shall deliver the property to the purchaser. (f) Distribution of proceeds. The sheriff may withdraw from the proceeds of the sale all appropriate unpaid sheriff's expenses and fees incident to the enforcement proceedings. Unless otherwise ordered by the court, the sheriff shall distribute the balance of the proceeds of the sale, first to the judgment creditor in satisfaction of the amount owed under the judgment plus costs of the enforcement proceedings advanced by the creditor, and then, to the judgment debtor. Cross references. -- Code, Courts Article, 11-510 and 11-511. (g) Report to the court. The sheriff shall file a report stating the property sold, the purchasers, the amount of the proceeds, and the distribution of the proceeds. HISTORY: (Amended Jan. 10, 1995, effective Feb. 1, 1995; June 5, 1996, effective Jan. 1, 1997; May 8, 2007, effective July 1, 2007.)

MARYLAND RULES TITLE 3. CIVIL PROCEDURE -- DISTRICT COURT CHAPTER 600. JUDGMENT Md. Rule 3-645 (2012) Rule 3-645. Garnishment of property -- Generally (a) Availability. Subject to the provisions of Rule 3-645.1, this Rule governs garnishment of any property of the judgment debtor, other than wages subject to Rule 3-646 and a partnership interest

subject to a charging order, in the hands of a third person for the purpose of satisfying a money judgment. Property includes any debt owed to the judgment debtor, whether immediately payable or unmatured. (b) Issuance of writ. The judgment creditor may obtain issuance of a writ of garnishment by filing in the same action in which the judgment was entered a request that contains (1) the caption of the action, (2) the amount owed under the judgment, (3) the name and last known address of each judgment debtor with respect to whom a writ is requested, and (4) the name and address of the garnishee. Upon the filing of the request, the clerk shall issue a writ of garnishment directed to the garnishee. (c) Content. The writ of garnishment shall: (1) contain the information in the request, the name and address of the person requesting the writ, and the date of issue, (2) direct the garnishee to hold, subject to further proceedings, the property of each judgment debtor in the possession of the garnishee at the time of service of the writ and all property of each debtor that may come into the garnishee's possession after service of the writ, (3) notify the garnishee of the time within which the answer must be filed and that failure to do so may result in judgment by default against the garnishee, (4) notify the judgment debtor and garnishee that federal and state exemptions may be available, (5) notify the judgment debtor of the right to contest the garnishment by filing a motion asserting a defense or objection. Committee note. -- A writ of garnishment may direct a garnishee to hold the property of more than one judgment debtor if the name and address of each judgment debtor whose property is sought to be attached is stated in the writ. (d) Service. The writ shall be served on the garnishee in the manner provided by Chapter 100 of this Title for service of process to obtain personal jurisdiction and may be served in or outside the county. Promptly after service upon the garnishee, the person making service shall mail a copy of the writ to the judgment debtor's last known address. Proof of service and mailing shall be filed as provided in Rule 3-126. Subsequent pleadings and papers shall be served on the creditor, debtor, and garnishee in the manner provided by Rule 1-321. (e) Answer of garnishee. The garnishee shall file an answer within 30 days after service of the writ. The answer shall admit or deny that the garnishee is indebted to the judgment debtor or has possession of property of the judgment debtor and shall specify the amount and nature of any debt and describe any property. The garnishee may assert any defense that the garnishee may have to the garnishment, as well as any defense that the judgment debtor could assert. After answering, the garnishee may pay any garnished indebtedness into court and may deliver to the sheriff any garnished property, which shall then be treated as if levied upon by the sheriff. A garnishee who

has filed an answer admitting indebtedness to the judgment debtor or possession of property of the judgment debtor is not required to file an amended answer solely because of an increase in the garnishee's indebtedness to the judgment debtor or the garnishee's receipt of additional property of the debtor. (f) When no answer filed. If the garnishee fails to file a timely answer, the judgment creditor may proceed pursuant to Rule 3-509 for a judgment by default against the garnishee. (g) When answer filed. If the garnishee files a timely answer, the matters set forth in the answer shall be treated as established for the purpose of the garnishment proceeding unless the judgment creditor files a reply contesting the answer within 30 days after its service. If a timely reply is not filed, the court may enter judgment upon request of the judgment creditor, the judgment debtor, or the garnishee. If a timely reply is filed to the answer of the garnishee, the matter shall proceed as if it were an original action between the judgment creditor as plaintiff and the garnishee as defendant and shall be governed by the rules applicable to civil actions. (h) Interrogatories to garnishee. The judgment creditor may serve interrogatories directed to the garnishee pursuant to Rule 3-421. The interrogatories shall contain a notice to the garnishee that, unless answers are served within 30 days after service of the interrogatories or within the time for filing an answer to the writ, whichever is later, the garnishee may be held in contempt of court. The interrogatories shall also inform the garnishee that the garnishee must file a notice with the court pursuant to Rule 3-401 (b). If the garnishee fails to serve timely answers to interrogatories, the court, upon petition of the judgment creditor and proof of service of the interrogatories, may enter an order in compliance with Rule 15-206 treating the failure to answer as a contempt and may require the garnishee to pay reasonable attorney's fees and costs. (i) Release of property; claim by third person. Before entry of judgment, the judgment debtor may seek release of the garnished property in accordance with Rule 3-643, except that a motion under Rule 3-643 (d) shall be filed within 30 days after service of the writ of garnishment on the garnishee. Before entry of judgment, a third person claimant of the garnished property may proceed in accordance with Rule 3-643 (e). (j) Judgment. The judgment against the garnishee shall be for the amount admitted plus any amount that has come into the hands of the garnishee after service of the writ and before the judgment is entered, but not to exceed the amount owed under the creditor's judgment against the debtor and enforcement costs. (k) Termination of writ. Upon entry of a judgment against the garnishee pursuant to section (j) of this Rule, the writ of garnishment and the lien created by the writ shall terminate and the garnishee shall be under no obligation to hold any additional property of the debtor that may come into its possession after the judgment was entered. (l) Statement of satisfaction. Upon satisfaction by the garnishee of a judgment entered against it pursuant to section (j) of this Rule, the judgment creditor shall file a statement of satisfaction setting forth the amount paid. If the judgment creditor fails to file the statement of satisfaction, the garnishee may proceed under Rule 3-626.

HISTORY: (Amended Apr. 7, 1986, effective July 1, 1986; Mar. 22, 1991, effective July 1, 1991; June 7, 1994, effective Oct. 1, 1994; June 5, 1996, effective Jan. 1, 1997; Dec. 10, 1996, effective July 1, 1997; Nov. 12, 2003, effective Jan. 1, 2004; April 21, 2011, effective May 1, 2011.) MARYLAND RULES TITLE 3. CIVIL PROCEDURE -- DISTRICT COURT CHAPTER 600. JUDGMENT Md. Rule 3-645.1 (2012) Rule 3-645.1. Garnishment of account in financial institution (a) Definitions. The definitions in 31 C.F.R. 212.3 apply to terms used in this Rule. (b) Scope. This Rule applies to the garnishment of an account that is subject to the requirements, prohibitions, and limitations of 31 C.F.R. 212. (c) Application of Rule 3-645. Rule 3-645 applies to a garnishment subject to this Rule, except that this Rule prevails over Rule 3-645 to the extent of any inconsistency and the requirements, prohibitions, and limitations not contained in Rule 3-645 also apply. Committee note. -- Federal regulations found in 31 C.F.R. Part 212 contain requirements, prohibitions, and limitations applicable to the garnishment of accounts of a judgment debtor in a financial institution which prevail over any inconsistent State law. Relevant terms are defined in 31 C.F.R. 212.3 including "account," "account review," "financial institution," and "protected amount." This Rule is intended to comply with the Federal requirements. (d) Content of Writ. (1) Directions to financial institution. -- Unless a Notice of Right to Garnish Federal Benefits that conforms with 31 C.F.R. 212.4 and Appendix B to 31 C.F.R. Part 212 is attached, a writ of garnishment subject to this Rule shall direct the financial institution: (A) not to hold property of the judgment debtor that constitutes a protected amount; (B) not to hold property of the judgment debtor that may come into the garnishee's possession following service of the writ if the account contains a protected amount; and (C) to comply with other applicable requirements, prohibitions, and limitations contained in 31 C.F.R. Part 212. (2) Notification to Judgment Debtor. -- A writ of garnishment subject to this Rule shall notify the judgment debtor that: (A) some Federal benefit payments may be automatically protected from garnishment and will not

be held in response to the writ of garnishment; and (B) any claim for exemption for a non-protected amount must be filed with the court no later than 30 days after service of the writ of garnishment on the garnishee. (e) Answer of Garnishee. (1) The answer of the garnishee shall state, if applicable, that a protected amount is in the judgment debtor's account but need not specify the amount. Committee note. -- Subsection (e)(1) does not affect the requirement that the garnishee hold, subject to further proceedings, a non-protected amount that is in the garnishee's possession on the date of the account review and specify that amount in its answer. (2) If the answer of the garnishee states that the property held by the garnishee consists only of a protected amount, the garnishee shall include with the answer a request for a judgment in favor of the garnishee terminating the garnishment. HISTORY: (Added April 21, 2011, effective May 1, 2011.)

MARYLAND RULES TITLE 3. CIVIL PROCEDURE -- DISTRICT COURT CHAPTER 600. JUDGMENT Md. Rule 3-646 (2012) Rule 3-646. Garnishment of wages (a) Applicability. This Rule governs garnishment of wages under Code, Commercial Law Article, 15-601 through 15-606. (b) Issuance of writ. The judgment creditor may obtain issuance of a writ of garnishment by filing in the same action in which the judgment was obtained a request that contains (1) the caption of the action, (2) the amount owed under the judgment, (3) the name and last known address of the judgment debtor, and (4) the name and address of the garnishee. Upon filing of the request, the clerk shall issue a writ of garnishment directed to the garnishee together with a blank answer form provided by the clerk. (c) Content. The writ of garnishment shall: (1) contain the information in the request, the name and address of the person requesting the writ,

and the date of issue, (2) notify the garnishee of the time within which the answer must be filed and that failure to do so may result in the garnishee being held in contempt, (3) notify the judgment debtor and garnishee that federal and state exemptions may be available, (4) notify the judgment debtor of the right to contest the garnishment of wages by filing a motion asserting a defense or objection. (d) Service. The writ and answer form shall be served on the garnishee in the manner provided by Chapter 100 of this Title for service of process to obtain personal jurisdiction and may be served in or outside the county. Upon issuance of the writ, a copy of the writ shall be mailed to the debtor's last known address. Subsequent pleadings and papers shall be served on the creditor, debtor, and garnishee in the manner provided by Rule 1-321. (e) Response of garnishee and debtor. The garnishee shall file an answer within 30 days after service of the writ. The answer shall state whether the debtor is an employee of the garnishee and, if so, the rate of pay and the existence of prior liens. The garnishee may assert any defense that the garnishee may have to the garnishment, as well as any defense that the debtor could assert. The debtor may file a motion at any time asserting a defense or objection. (f) When no answer filed. If the garnishee fails to file a timely answer, the court on motion of the creditor may order the garnishee to show cause why the garnishee should not be held in contempt and required to pay reasonable attorney's fees and costs. (g) When answer filed. If the answer denies employment, the clerk shall dismiss the proceeding against the garnishee unless the creditor files a request for hearing within 15 days after service of the answer. If the answer asserts any other defense or if the debtor files a motion asserting a defense or objection, a hearing on the matter shall be scheduled promptly. (h) Interrogatories to garnishee. Interrogatories may be served on the garnishee by the creditor in accordance with Rule 3-645 (h). (i) Withholding and remitting of wages. While the garnishment is in effect, the garnishee shall withhold all garnishable wages payable to the debtor. If the garnishee has asserted a defense or is notified that the debtor has done so, the garnishee shall remit the withheld wages to the court. Otherwise, the garnishee shall remit them to the creditor or the creditor's attorney within 15 days after the close of the debtor's last pay period in each month. The garnishee shall notify the debtor of the amount withheld each pay period and the method used to determine the amount. If the garnishee is served with more than one writ for the same debtor, the writs shall be satisfied in the order in which served. (j) Duties of the creditor. (1) Payments received by the creditor shall be credited first against accrued interest on the unpaid

balance of the judgment, then against the principal amount of the judgment, and finally against attorney's fees and costs assessed against the debtor. (2) Within 15 days after the end of each month in which one or more payments are received from any source by the creditor for the account of the debtor, the creditor shall mail to the garnishee and to the debtor a statement disclosing the payments and the manner in which they were credited. The statement shall not be filed in court, but the creditor shall retain a copy of each statement until 90 days after the termination of the garnishment proceeding and make it available for inspection upon request by any party or by the court. (3) If the creditor fails to comply with the provisions of this section, the court upon motion may dismiss the garnishment proceeding and order the creditor to pay reasonable attorney's fees and costs to the party filing the motion. (k) Termination of garnishment. A garnishment of wages terminates 90 days after cessation of employment unless the debtor is reemployed by the garnishee during that period. HISTORY: (Amended Nov. 20, 1984, effective Jan. 1, 1985; June 7, 1994, effective Oct. 1, 1994; Oct. 5, 1999.)

MARYLAND RULES TITLE 3. CIVIL PROCEDURE -- DISTRICT COURT CHAPTER 600. JUDGMENT Md. Rule 3-647 (2012) Rule 3-647. Enforcement of judgment awarding possession Upon the written request of the holder of a judgment awarding possession of property, the clerk shall issue a writ directing the sheriff to place that party in possession of the property. The request shall be accompanied by instructions to the sheriff specifying (a) the judgment, (b) the property and its location, and (c) the party to whom the judgment awards possession. The clerk shall transmit the writ and the instructions to the sheriff. When a judgment awards possession of property or the payment of its value, in the alternative, the instructions shall also specify the value of the property, and the writ shall direct the sheriff to levy upon real or personal property of the judgment debtor to satisfy the judgment if the specified property cannot be found. When the judgment awards possession of real property located partly in the county where the judgment is entered and partly in an adjoining county, the sheriff may execute the writ as to all of the property. HISTORY: (Amended Apr. 7, 1986, effective July 1, 1986.)

MARYLAND RULES

TITLE 3. CIVIL PROCEDURE -- DISTRICT COURT CHAPTER 600. JUDGMENT Md. Rule 3-648 (2012) Rule 3-648. Enforcement of judgment prohibiting or mandating action When a person fails to comply with a judgment prohibiting or mandating action, the court may order the seizure or sequestration of property of the noncomplying person to the extent necessary to compel compliance with the judgment and, in appropriate circumstances, may hold the person in contempt pursuant to Rules 15-206 and 15-207. When a person fails to comply with a judgment mandating action, the court may direct that the act be performed by some other person appointed by the court at the expense of the person failing to comply. When a person fails to comply with a judgment mandating the payment of money, the court may also enter a money judgment to the extent of any amount due. HISTORY: (Amended June 5, 1996, effective Jan. 1, 1997; July 23, 1997; Nov. 12, 2003, effective Jan. 1, 2004.)

MARYLAND RULES TITLE 3. CIVIL PROCEDURE -- DISTRICT COURT CHAPTER 600. JUDGMENT Md. Rule 3-649 (2012) Rule 3-649. Charging order (a) Issuance of order. Upon the written request of a judgment creditor of a partner, the court where the judgment was entered or recorded may issue an order charging the partnership interest of the judgment debtor with payment of all amounts due on the judgment. The court may order such other relief as it deems necessary and appropriate, including the appointment of a receiver for the judgment debtor's share of the partnership profits and any other money that is or becomes due to the judgment debtor by reason of the partnership interest. (b) Service. The order shall be served on the partnership in the manner provided by Chapter 100 of this Title for service of process to obtain personal jurisdiction. The order may be served in or outside the county. Promptly after service of the order upon the partnership, the person making service shall mail a copy of the request and order to the judgment debtor's last known address. Proof of service and mailing shall be filed as provided in Rule 3-126. Subsequent pleadings and papers shall be served on the creditor, debtor, and partnership in the manner provided by Rule 1321. HISTORY: (Amended Nov. 9, 1994, effective Jan. 1, 1995; Nov. 12, 2003, effective Jan. 1, 2004.)

MARYLAND RULES TITLE 3. CIVIL PROCEDURE -- DISTRICT COURT CHAPTER 700. SPECIAL PROCEEDINGS Md. Rule 3-701 (2012) Rule 3-701. Small claim actions (a) Applicable rules. The rules of this Title apply to small claim actions, except as provided in this Rule. Cross references. -- Code, Courts Article, 4-405. (b) Forms. Forms for the commencement and defense of a small claim action shall be prescribed by the Chief Judge of the District Court and used by persons desiring to file or defend such an action. (c) Trial date and time. A small claim action shall be tried at a special session of the court designated for the trial of small claim actions. Upon the filing of the complaint, the clerk shall fix the date and time for trial of the action. When the notice of intention to defend is due within 15 days after service, the original trial date shall be within 60 days after the complaint was filed. When the notice of intention to defend is due within 60 days after service, the original trial date shall be within 90 days after the complaint was filed. With leave of court, an action may be tried sooner than on the date originally fixed. Cross references. -- See Rule 3-307 concerning the time for filing a notice of intention to defend. (d) Counterclaims -- Cross-claims -- Third-party claims. If a counterclaim, cross-claim, or thirdparty claim in an amount exceeding the jurisdictional limit for a small claim action (exclusive of interest, costs, and attorney's fees and exclusive of the original claim) is filed in a small claim action, this Rule shall not apply and the clerk shall transfer the action to the regular civil docket. Cross references. -- Rule 3-331 (f). (e) Discovery not available. No pretrial discovery under Chapter 400 of this Title shall be permitted in a small claim action. (f) Conduct of trial. The court shall conduct the trial of a small claim action in an informal manner. Title 5 of these rules does not apply to proceedings under this Rule. Cross references. -- See Rule 5-101 (b) (4).

HISTORY: (Amended Apr. 7, 1986, effective July 1, 1986; Dec. 15, 1993, effective July 1, 1994; Nov. 12, 2003, effective Jan. 1, 2004.)

MARYLAND RULES TITLE 3. CIVIL PROCEDURE -- DISTRICT COURT CHAPTER 700. SPECIAL PROCEEDINGS Md. Rule 3-711 (2012) Rule 3-711. Landlord-tenant and grantee actions Landlord-tenant and grantee actions shall be governed by (1) the procedural provisions of all applicable general statutes, public local laws, and municipal and county ordinances, and (2) unless inconsistent with the applicable laws, the rules of this Title, except that no pretrial discovery under Chapter 400 of this Title shall be permitted in a grantee action, or an action for summary ejectment, wrongful detainer, or distress for rent, or an action involving tenants holding over. HISTORY: (Amended Oct. 31, 2002, effective Jan. 1, 2003.)

MARYLAND RULES TITLE 3. CIVIL PROCEDURE -- DISTRICT COURT CHAPTER 700. SPECIAL PROCEEDINGS Md. Rule 3-722 (2012) Rule 3-722. Receivers (a) Applicability. This Rule applies to a receiver appointed to take charge of property for the enforcement of a local or state code or to abate a nuisance. Cross references. -- For the power of the District Court to appoint a receiver, see Code, Courts Article, 4-401 (7) (i) and 4-402 (b); Code, Real Property Article, 14-120; and Baltimore City Building Code, 1997 Edition, 123.9. (b) Applicability of other rules. Except as otherwise provided in this Rule, Title 14, Chapter 300 of these Rules governs a sale of property by the receiver.

(c) Bond. The court may require the receiver to file a bond to the State of Maryland in the amount determined by the court. Cross references. -- Title 1, Chapter 400 (Bond). (d) Order appointing a receiver. An order appointing a receiver shall specify (1) the powers of the receiver, including any power to incur expenses and create liens on the property to secure payment of those expenses, (2) the amount of any bond, and (3) the terms of sale. (e) Employment of other professionals. A receiver shall not employ an attorney, accountant, appraiser, auctioneer, or other professional without prior approval by the court. (f) Procedure following sale. (1) Notice by mail. Upon filing the Report of Sale, the receiver shall send a notice by first class mail and certified mail to the last known address of: the mortgagor; the present record owner of the property; and the holder of a recorded subordinate mortgage, deed of trust, or other recorded or filed subordinate interest in the property, including a judgment. The notice shall identify the property and state that the sale of the property has been completed and will be final unless cause to the contrary is shown within 30 days after the date of the notice. The receiver shall file proof of mailing with the court. This notice shall be in lieu of notice and publication by the clerk pursuant to Rule 14-305 (c). (2) Posting of property. The receiver also shall cause the notice to be posted in a conspicuous place on the property and file proof of posting with the court. (3) Exceptions to sale. Exceptions to the sale may be filed within 30 days after the date of the mailing or posting of the notice, whichever is later. In all other respects, exceptions shall be governed by Rule 14-305 (d). (g) Ratification. The court shall ratify the sale if (1) the time for filing exceptions pursuant to subsection (f) (3) of this Rule has expired and exceptions to the sale either were not filed or were filed but overruled, and (2) the court is satisfied that the sale was fairly and properly made. If the court is not satisfied that the sale was fairly and properly made, it may enter any order that it deems appropriate. (h) Conveyance to purchaser. Promptly after ratification of the sale and payment of the purchase price, the receiver shall convey the property to the purchaser and, unless the property is located entirely in Baltimore City, cause to be recorded among the land records of each county where any part of the property is located a certified copy of the docket entries and the final order of ratification. (i) Accounting. Promptly after conveying the property, the receiver shall file an accounting. The receiver shall send notice of the accounting to the persons listed in subsection (f) (1) of this Rule, who shall have 30 days after the date of the notice to file exceptions. The court may decide

exceptions without a hearing unless a hearing is requested. (j) Distribution and termination. After the court has ratified the accounting, the receiver shall distribute the proceeds of the sale and petition the court to terminate the receivership. (k) Removal of receiver. Upon petition of a person having an interest in the property or on the court's own initiative, the court may remove a receiver for good cause shown. A petition shall state the reasons for the requested removal and may include a request for the appointment of a successor receiver. The petitioner shall send a copy of the petition to the receiver and to each person entitled to notice under subsection (f) (1) of this Rule. The court may grant or deny the relief requested without a hearing, unless a hearing is requested by the receiver or other interested person with 10 days after service of the petition. (l) Resignation of receiver. A petition to resign shall state the reasons for the proposed resignation and may include a request for the appointment of a successor receiver. The receiver shall file with the petition a report and accounting from the date the receiver was appointed and shall certify that a copy of the petition, together with a copy of the report and accounting, was mailed to each person entitled to notice under subsection (f) (1) of this Rule. The filing of a petition to resign does not terminate the appointment until the resignation has been approved by the court. The court may grant or deny the requested relief with or without a hearing. HISTORY: (Added Dec. 16, 1999, effective Jan. 1, 2000.)

MARYLAND RULES TITLE 3. CIVIL PROCEDURE -- DISTRICT COURT CHAPTER 700. SPECIAL PROCEEDINGS Md. Rule 3-731 (2012) Rule 3-731. Peace orders Proceedings for a peace order are governed by Code, Courts Article, Title 3, Subtitle 15. A petition for relief under that statute shall be in substantially the following form: (Caption) PETITION FOR PEACE ORDER (Note: Fill in the following, checking the appropriate boxes. IF YOU NEED ADDITIONAL PAPER, ASK THE CLERK.)

1. I want protection from Respondent

The Respondent committed the following acts against , Victim within the past 30 days on the dates stated below. (Check all that apply) [] kicking [] punching [] choking [] slapping

[] shooting [] rape or other sexual offense (or attempt) [] hitting with object [] threats of violence [] detaining against will [] stabbing [] harassment [] trespass [] shoving [] stalking

[] malicious destruction of property [] other

The details of what happened are: (Describe injuries. State the date(s) and place(s) where these acts occurred. Be as specific as you can):

2. I know of the following court cases involving the Respondent and me:

Court Year Filed Results or Status

Kind of Case

(if you know)

3. Describe all other harm the Respondent has caused you and give date(s), if known.

4. I want the Respondent to be ordered: [] NOT to commit or threaten to commit any of the acts listed in paragraph 1 against Name

[] NOT to contact, attempt to contact, or harass

Name

[] NOT to go to the residence(s) at Address

[] NOT to go to the school(s) at

Name of school and address

[] NOT to go to the work place(s) at

[] To go to counseling

[] To go to mediation

[] To pay the filing fees and court costs [] Other specific relief:

I solemnly affirm under the penalties of perjury that the contents of this Petition are true to the best of my knowledge, information, and belief.

Date

Petitioner

NOTICE TO PETITIONER Any individual who knowingly provides false information in a Petition for Peace Order is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $ 1,000 or imprisonment not exceeding 90 days or both. HISTORY: (Added Dec. 16, 1999, effective Jan. 1, 2000; amended Nov. 12, 2003, effective Jan. 1, 2004.)

MARYLAND RULES TITLE 4. CRIMINAL CAUSES CHAPTER 100. GENERAL Md. Rule 4-101 (2012) Rule 4-101. Applicability The rules in this Title govern procedure in all criminal matters, post conviction procedures, and expungement of records in both the circuit courts and the District Court, except as otherwise specifically provided.

MARYLAND RULES TITLE 4. CRIMINAL CAUSES CHAPTER 100. GENERAL Md. Rule 4-102 (2012) Rule 4-102. Definitions The following definitions apply in this Title: (a) Charging document. "Charging document" means a written accusation alleging that a defendant has committed an offense. It includes a citation, an indictment, an information, and a statement of charges. (b) Citation. "Citation" means a charging document, other than an indictment, information, or statement of charges, issued to a defendant by a peace officer. (c) Defendant. "Defendant" means a person who has been arrested for an offense or charged with an offense in a charging document. (d) Indictment. "Indictment" means a charging document returned by a grand jury and filed in a circuit court. (e) Information. "Information" means a charging document filed in a court by a State's Attorney. (f) Judicial officer. "Judicial Officer" means a judge or District Court commissioner. (g) Offense. "Offense" means a violation of the criminal laws of this State or political subdivision thereof. (h) Peace officer. "Peace officer" means (1) a "law enforcement officer" as defined in Code, Public Safety Article, 3-101 (e), (2) a "police officer" as defined in Code, Criminal Procedure Article, 2-101 (c), and (3) any other person authorized by State or local law to issue citations. (i) Petty offense. "Petty offense" means an offense for which the penalty may not exceed imprisonment for a period of three months or a fine of five hundred dollars. (j) Statement of charges. "Statement of charges" means a charging document, other than a citation, filed in District Court by a peace officer or by a judicial officer. (k) State's attorney. "State's Attorney" means a person authorized to prosecute an offense. (l) Verdict. "Verdict" means the finding of the jury or the decision of the court pertaining to the merits of the offense charged.

(m) Warrant. "Warrant" means a written order by a judicial officer commanding a peace officer to arrest the person named in it or to search for and seize property as described in it. HISTORY: (Amended Nov. 12, 2003, effective Jan. 1, 2004.)

MARYLAND RULES TITLE 4. CRIMINAL CAUSES CHAPTER 200. PRETRIAL PROCEDURES Md. Rule 4-201 (2012) Rule 4-201. Charging document -- Use (a) Requirement. An offense shall be tried only on a charging document. (b) In the District Court. In the District Court, an offense may be tried (1) on an information, (2) on a statement of charges filed pursuant to section (b) of Rule 4-211, or (3) on a citation in the case of a petty offense or when authorized by statute. (c) In the circuit court. In the circuit court, an offense may be tried (1) on an indictment, or (2) on an information if the offense is (A) a misdemeanor, or (B) a felony within the jurisdiction of the District Court, or (C) any other felony and lesser included offense if the defendant requests or consents in writing to be charged by information, or if the defendant has been charged with the felony and a preliminary hearing pursuant to Rule 4-221 has resulted in a finding of probable cause, or if the defendant has been charged with the felony as to which a preliminary hearing has been waived, or (3) on a charging document filed in the District Court for an offense within its jurisdiction if the defendant is entitled to and demands a jury trial or appeals from the judgment of the District Court. (d) Sealing a charging document. When a court directs that a charging document be kept secret until the defendant has been arrested or served, the clerk shall seal the charging document until arrest or service. While the charging document is sealed no person shall disclose the fact that it has been filed or its contents, except as necessary for the issuance and execution of a summons or warrant. Committee note. -- When a warrant for the arrest of the defendant has been issued pursuant to Rule

4-212 (d)(1) or (d)(2) and the charging document has not been sealed pursuant to this Rule, the right to inspect the charging document is governed by Rule 4-212 (d)(3). (e) Docket in place of citation. A court may conduct a trial of an offense charged by citation without having a copy of the citation before it if the court has a docket containing all pertinent details extracted from the citation. The docket shall be prima facie proof of the contents of the citation. If any material entry on the docket is contested by any party, the court shall obtain a copy of the citation before proceeding with the trial. HISTORY: (Amended June 8, 1998.)

MARYLAND RULES TITLE 4. CRIMINAL CAUSES CHAPTER 200. PRETRIAL PROCEDURES Md. Rule 4-202 (2012) Rule 4-202. Charging document -- Content (a) General requirements. A charging document shall contain the name of the defendant or any name or description by which the defendant can be identified with reasonable certainty, except that the defendant need not be named or described in a citation for a parking violation. It shall contain a concise and definite statement of the essential facts of the offense with which the defendant is charged and, with reasonable particularity, the time and place the offense occurred. An allegation made in one count may be incorporated by reference in another count. The statute or other authority for each count shall be cited at the end of the count, but error in or omission of the citation of authority is not grounds for dismissal of the charging document or for reversal of a conviction. A charging document also shall contain a notice to the defendant in the following form: TO THE PERSON CHARGED: 1. This paper charges you with committing a crime. 2. If you have been arrested, you have the right to have a judicial officer decide whether you should be released from jail until your trial. 3. You have the right to have a lawyer. 4. A lawyer can be helpful to you by:

(A) explaining the charges in this paper; (B) telling you the possible penalties; (C) helping you at trial; (D) helping you protect your constitutional rights; and (E) helping you to get a fair penalty if convicted. 5. Even if you plan to plead guilty, a lawyer can be helpful. 6. If you want a lawyer but do not have the money to hire one, the Public Defender may provide a lawyer for you. The court clerk will tell you how to contact the Public Defender. 7. If you want a lawyer but you cannot get one and the Public Defender will not provide one for you, contact the court clerk as soon as possible. 8. DO NOT WAIT UNTIL THE DATE OF YOUR TRIAL TO GET A LAWYER. If you do not have a lawyer before the trial date, you may have to go to trial without one. (b) Signature on charging documents. A citation shall be signed by a person authorized by law to do so before it is issued. An indictment or information shall be signed by the State's Attorney of a county or by any other person authorized by law to do so. A statement of charges shall be signed by a peace officer or by a judicial officer. A plea to the merits waives any objection that the charging document is not signed. (c) Specific requirements. (1) Citation. A citation shall contain a command to the defendant to appear in District Court when notified, and shall contain the signed promise of the defendant to appear when required, except in a citation for a parking violation. Failure of the defendant to sign the promise does not invalidate the citation. (2) Indictment. An indictment shall conclude with the words "against the peace, government, and dignity of the State." Cross references. -- See Section 13 of Article IV of the Constitution of Maryland and State v. Dycer, 85 Md. 246, 36 A. 763 (1897). (d) Matters not required. A charging document need not negate an exception, excuse, or proviso contained in a statute or other authority creating or defining the offense charged. It is not necessary to use the word "feloniously" or "unlawfully" to charge a felony or misdemeanor in a charging document. In describing money in a charging document, it is sufficient to refer to the amount in

current money, without specifying the particular notes, denominations, coins, or certificates circulating as money of which the amount is composed.

MARYLAND RULES TITLE 4. CRIMINAL CAUSES CHAPTER 200. PRETRIAL PROCEDURES Md. Rule 4-203 (2012) Rule 4-203. Charging document -- Joinder of offenses and defendants (a) Multiple offenses. Two or more offenses, whether felonies or misdemeanors or any combination thereof, may be charged in separate counts of the same charging document if the offenses charged are of the same or similar character or are based on the same act or transaction or on two or more acts or transactions connected together or constituting parts of a common scheme or plan. (b) Multiple defendants -- Circuit court. In the circuit court, two or more defendants, whether principals or accessories, may be charged in the same charging document if they are alleged to have participated in the same act or transaction or in the same series of acts or transactions constituting an offense or offenses. The defendants may be charged in one or more counts together or separately, and it is not necessary to charge all defendants in each count. MARYLAND RULES TITLE 4. CRIMINAL CAUSES CHAPTER 200. PRETRIAL PROCEDURES Md. Rule 4-204 (2012) Rule 4-204. Charging document -- Amendment On motion of a party or on its own initiative, the court at any time before verdict may permit a charging document to be amended except that if the amendment changes the character of the offense charged, the consent of the parties is required. If amendment of a charging document reasonably so requires, the court shall grant the defendant an extension of time or continuance.

MARYLAND RULES TITLE 4. CRIMINAL CAUSES CHAPTER 200. PRETRIAL PROCEDURES Md. Rule 4-211 (2012) Rule 4-211. Filing of charging document (a) Citation. The original of a citation shall be filed in District Court promptly after its issuance and service. (b) Statement of charges. (1) Before any arrest. Except as otherwise provided by statute, a judicial officer may file a statement of charges in the District Court against a defendant who has not been arrested for that offense upon written application containing an affidavit showing probable cause that the defendant committed the offense charged. If not executed by a peace officer, the affidavit shall be made and signed before a judicial officer. (2) After arrest. When a defendant has been arrested without a warrant, unless an information is filed in the District Court, the officer who has custody of the defendant shall (A) forthwith cause a statement of charges to be filed against the defendant in the District Court and (B) at the same time or as soon thereafter as is practicable file an affidavit containing facts showing probable cause that the defendant committed the offense charged. Cross references. -- See Code, Courts Article, 2-608 for special requirements concerning an application for a statement of charges against a law enforcement officer, an educator, or a person within the definition of "emergency services personnel" in that section for an offense allegedly committed in the course of executing the person's duties. (c) Information. A State's Attorney may file an information as permitted by Rule 4-201. Committee note. -- Nothing in section (b) of this Rule precludes the filing of an information in the District Court by a State's Attorney at any time, whether in lieu of the filing of a statement of charges or as an additional or superseding charging document after a statement of charges has been filed. (d) Indictment. The circuit court shall file an indictment returned by a grand jury. HISTORY: (Amended June 7, 1994, effective Oct. 1, 1994; Apr. 12, 1999; Oct. 5, 1999.)

MARYLAND RULES

TITLE 4. CRIMINAL CAUSES CHAPTER 200. PRETRIAL PROCEDURES Md. Rule 4-212 (2012) Rule 4-212. Issuance, service, and execution of summons or warrant (a) General. When a charging document is filed or a stetted case is rescheduled pursuant to Rule 4-248, a summons or warrant shall be issued in accordance with this Rule. Title 5 of these rules does not apply to the issuance of a summons or warrant. (b) Summons -- Issuance. Unless a warrant has been issued, or the defendant is in custody, or the charging document is a citation, a summons shall be issued to the defendant (1) in the District Court, by a judicial officer or the clerk, and (2) in the circuit court, by the clerk. The summons shall advise the defendant to appear in person at the time and place specified or, in the circuit court, to appear or have counsel enter an appearance in writing at or before that time. A copy of the charging document shall be attached to the summons. A court may order the reissuance of a summons. (c) Summons -- Service. The summons and charging document shall be served on the defendant by mail or by personal service by a sheriff or other peace officer, as directed (1) by a judicial officer in the District Court, or (2) by the State's Attorney in the circuit court. (d) Warrant -- Issuance; Inspection. (1) In the District Court. A judicial officer may, and upon request of the State's Attorney shall, issue a warrant for the arrest of the defendant, other than a corporation, upon a finding that there is probable cause to believe that the defendant committed the offense charged in the charging document and that (A) the defendant has previously failed to respond to a summons that has been personally served or a citation, or (B) there is a substantial likelihood that the defendant will not respond to a summons, or (C) the whereabouts of the defendant are unknown and the issuance of a warrant is necessary to subject the defendant to the jurisdiction of the court, or (D) the defendant is in custody for another offense, or (E) there is probable cause to believe that the defendant poses a danger to another person or to the community. A copy of the charging document shall be attached to the warrant. (2) In the circuit court. Upon the request of the State's Attorney, the court may order issuance of a warrant for the arrest of a defendant, other than a corporation, if an information has been filed against the defendant and the circuit court or the District Court has made a finding that there is probable cause to believe that the defendant committed the offense charged in the charging document or if an indictment has been filed against the defendant; and (A) the defendant has not been processed and released pursuant to Rule 4-216, or (B) the court finds there is a substantial likelihood that the defendant will not respond to a summons. A copy of the charging document shall be attached to the warrant. Unless the court finds that there is a substantial likelihood that the defendant will not respond to a criminal summons, the court shall not order issuance of a warrant for a defendant who has been processed and released pursuant to Rule 4-216 if the circuit court

charging document is based on the same alleged acts or transactions. When the defendant has been processed and released pursuant to Rule 4-216, the issuance of a warrant for violation of conditions of release is governed by Rule 4-217. (3) Inspection of the warrant and charging document. Unless otherwise ordered by the court, files and records of the court pertaining to a warrant issued pursuant to subsection (d)(1) or (d)(2) of this Rule and the charging document upon which the warrant was issued shall not be open to inspection until either (A) the warrant has been served and a return of service has been filed in compliance with section (g) of this Rule or (B) 90 days have elapsed since the warrant was issued. Thereafter, unless sealed pursuant to Rule 4-201 (d), the files and records shall be open to inspection. Committee note. -- This subsection does not preclude the release of otherwise available statistical information concerning unserved arrest warrants nor does it prohibit a State's Attorney or peace officer from releasing information pertaining to an unserved arrest warrant and charging document. Cross references. -- See Rule 4-201 concerning charging documents. See Code, State Government Article, 10-616 (q), which governs inspection of court records pertaining to an arrest warrant. (e) Execution of warrant -- Defendant not in custody. Unless the defendant is in custody, a warrant shall be executed by the arrest of the defendant. Unless the warrant and charging document are served at the time of the arrest, the officer shall inform the defendant of the nature of the offense charged and of the fact that a warrant has been issued. A copy of the warrant and charging document shall be served on the defendant promptly after the arrest. The defendant shall be taken before a judicial officer of the District Court without unnecessary delay and in no event later than 24 hours after arrest or, if the warrant so specifies, before a judicial officer of the circuit court without unnecessary delay and in no event later than the next session of court after the date of arrest. The court shall process the defendant pursuant to Rule 4-216 and may make provision for the appearance or waiver of counsel pursuant to Rule 4-215. Committee note. -- The amendments made in this section are not intended to supersede Code, Courts Article 10-912. (f) Procedure -- When defendant in custody. (1) Same offense. When a defendant is arrested without a warrant, the defendant shall be taken before a judicial officer of the District Court without unnecessary delay and in no event later than 24 hours after arrest. When a charging document is filed in the District Court for the offense for which the defendant is already in custody a warrant or summons need not issue. A copy of the charging document shall be served on the defendant promptly after it is filed, and a return shall be made as for a warrant. When a charging document is filed in the circuit court for an offense for which the defendant is already in custody, a warrant issued pursuant to subsection (d) (2) of this Rule may be lodged as a detainer for the continued detention of the defendant under the jurisdiction of the court in which the charging document is filed. Unless otherwise ordered pursuant to Rule 4-216, the defendant remains subject to conditions of pretrial release imposed by the District Court.

(2) Other offense. A warrant issued pursuant to section (d) of this Rule for the arrest of a defendant in custody for another offense may be lodged as a detainer for the continued detention of the defendant for the offense charged in the charging document. When the defendant is served with a copy of the charging document and warrant, the defendant shall be taken before a judicial officer of the District Court, or of the circuit court if the warrant so specifies, without unnecessary delay. In the District Court the defendant's appearance shall be no later than 24 hours after service of the warrant, and in the circuit court it shall be no later than the next session of court after the date of service of the warrant. (g) Return of service. The officer who served the defendant with the summons or warrant and the charging document shall make a prompt return of service to the court that shows the date, time, and place of service. (h) Citation -- Service. The person issuing a citation, other than for a parking violation, shall serve it upon the defendant at the time of its issuance. HISTORY: (Amended Dec. 15, 1993, effective July 1, 1994; June 8, 1998, effective June 8, 1998; June 8, 1998, effective Oct. 1, 1998; Mar. 5, 2001, effective July 1, 2001; Oct. 31, 2002, effective Jan. 1, 2003.)

MARYLAND RULES TITLE 4. CRIMINAL CAUSES CHAPTER 200. PRETRIAL PROCEDURES Md. Rule 4-213 (2012) Rule 4-213. Initial appearance of defendant (a) In District Court following arrest. When a defendant appears before a judicial officer of the District Court pursuant to an arrest, the judicial officer shall proceed as follows: (1) Advice of charges. The judicial officer shall inform the defendant of each offense with which the defendant is charged and of the allowable penalties, including mandatory penalties, if any, and shall provide the defendant with a copy of the charging document if the defendant does not already have one and one is then available. If one is not then available, the defendant shall be furnished with a copy as soon as possible. (2) Advice of right to counsel. The judicial officer shall require the defendant to read the notice to defendant required to be printed on charging documents in accordance with Rule 4-202 (a), or shall read the notice to a defendant who is unable for any reason to do so. A copy of the notice shall be furnished to a defendant who has not received a copy of the charging document. The judicial officer shall advise the defendant that if the defendant appears for trial without counsel, the court could determine that the defendant waived counsel and proceed to trial with the defendant

unrepresented by counsel. (3) Advice of preliminary hearing. When a defendant has been charged with a felony that is not within the jurisdiction of the District Court and has not been indicted, the judicial officer shall advise the defendant of the right to have a preliminary hearing by a request made then or within ten days thereafter and that failure to make a timely request will result in the waiver of a preliminary hearing. If the defendant then requests a preliminary hearing, the judicial officer may either set its date and time or notify the defendant that the clerk will do so. (4) Pretrial release. The judicial officer shall comply with Rule 4-216 governing pretrial release. (5) Certification by judicial officer. The judicial officer shall certify compliance with this section in writing. (6) Transfer of papers by clerk. As soon as practicable after the initial appearance by the defendant, the judicial officer shall file all papers with the clerk of the District Court or shall direct that they be forwarded to the clerk of the circuit court if the charging document is filed there. Cross references. -- Code, Courts Article, 10-912. See Rule 4-231 (d) concerning the appearance of a defendant by video conferencing. (b) In District Court following summons. When a defendant appears before the District Court pursuant to a summons, the court shall proceed in accordance with Rule 4-301. (c) In circuit court following arrest or summons. The initial appearance of the defendant in circuit court occurs when the defendant (1) is brought before the court by reason of execution of a warrant pursuant to Rule 4-212 (e) or (f) (2), or (2) appears in person or by written notice of counsel in response to a summons. In either case, if the defendant appears without counsel the court shall proceed in accordance with Rule 4-215. If the appearance is by reason of execution of a warrant, the court shall inform the defendant of each offense with which the defendant is charged, ensure that the defendant has a copy of the charging document, and determine eligibility for pretrial release pursuant to Rule 4-216. HISTORY: (Amended Apr. 7, 1986, effective July 1, 1986; Jan. 20, 1999, effective July 1, 1999; Nov. 12, 2003, effective Jan. 1, 2004.)

MARYLAND RULES TITLE 4. CRIMINAL CAUSES CHAPTER 200. PRETRIAL PROCEDURES Md. Rule 4-214 (2012) Rule 4-214. Defense counsel

(a) Appearance. Counsel retained or appointed to represent a defendant shall enter an appearance in writing within five days after accepting employment, after appointment, or after the filing of the charging document in court, whichever occurs later. An appearance entered in the District Court will automatically be entered in the circuit court when a case is transferred to the circuit court because of a demand for jury trial. In any other circumstance, counsel who intends to continue representation in the circuit court after appearing in the District Court must re-enter an appearance in the circuit court. (b) Extent of duty of appointed counsel. When counsel is appointed by the Public Defender or by the court, representation extends to all stages in the proceedings, including but not limited to custody, interrogations, preliminary hearing, pretrial motions and hearings, trial, motions for modification or review of sentence or new trial, and appeal. The Public Defender may relieve appointed counsel and substitute new counsel for the defendant without order of court by giving notice of the substitution to the clerk of the court. Representation by the Public Defender's office may not be withdrawn until the appearance of that office has been stricken pursuant to section (d) of this Rule. The representation of appointed counsel does not extend to the filing of subsequent discretionary proceedings including petition for writ of certiorari, petition to expunge records, and petition for post conviction relief. (c) Inquiry into joint representation. (1) Joint representation. Joint representation occurs when: (A) an offense is charged that carries a potential sentence of incarceration; (B) two or more defendants have been charged jointly or joined for trial under Rule 4-253 (a); and (C) the defendants are represented by the same counsel or by counsel who are associated in the practice of law. (2) Court's responsibilities in cases of joint representation. If a joint representation occurs, the court, on the record, promptly and personally shall (A) advise each defendant of the right to effective assistance of counsel, including separate representation and (B) advise counsel to consider carefully any potential areas of impermissible conflict of interest arising from the joint representation. Unless there is good cause to believe that no impermissible conflict of interest is likely to arise, the court shall take appropriate measures to protect each defendant's right to counsel. Cross references. -- See Rule 1.7 of the Maryland Lawyers' Rules of Professional Conduct. (d) Striking appearance. A motion to withdraw the appearance of counsel shall be made in writing or in the presence of the defendant in open court. If the motion is in writing, moving counsel shall certify that a written notice of intention to withdraw appearance was sent to the defendant at least ten days before the filing of the motion. If the defendant is represented by other counsel or if other counsel enters an appearance on behalf of the defendant, and if no objection is made within ten days after the motion is filed, the clerk shall strike the appearance of moving counsel. If no other

counsel has entered an appearance for the defendant, leave to withdraw may be granted only by order of court. The court may refuse leave to withdraw an appearance if it would unduly delay the trial of the action, would be prejudicial to any of the parties, or otherwise would not be in the interest of justice. If leave is granted and the defendant is not represented, a subpoena or other writ shall be issued and served on the defendant for an appearance before the court for proceedings pursuant to Rule 4-215. HISTORY: (Amended June 3, 1988, effective July 1, 1988; May 8, 2007, effective July 1, 2007; amended Sept. 10, 2009, effective Oct. 1, 2009.)

MARYLAND RULES TITLE 4. CRIMINAL CAUSES CHAPTER 200. PRETRIAL PROCEDURES Md. Rule 4-215 (2012) Rule 4-215. Waiver of counsel (a) First appearance in court without counsel. At the defendant's first appearance in court without counsel, or when the defendant appears in the District Court without counsel, demands a jury trial, and the record does not disclose prior compliance with this section by a judge, the court shall: (1) Make certain that the defendant has received a copy of the charging document containing notice as to the right to counsel. (2) Inform the defendant of the right to counsel and of the importance of assistance of counsel. (3) Advise the defendant of the nature of the charges in the charging document, and the allowable penalties, including mandatory penalties, if any. (4) Conduct a waiver inquiry pursuant to section (b) of this Rule if the defendant indicates a desire to waive counsel. (5) If trial is to be conducted on a subsequent date, advise the defendant that if the defendant appears for trial without counsel, the court could determine that the defendant waived counsel and proceed to trial with the defendant unrepresented by counsel. The clerk shall note compliance with this section in the file or on the docket. (b) Express waiver of counsel. If a defendant who is not represented by counsel indicates a desire to waive counsel, the court may not accept the waiver until after an examination of the defendant on the record conducted by the court, the State's Attorney, or both, the court determines and announces on the record that the defendant is knowingly and voluntarily waiving the right to counsel. If the file or docket does not reflect compliance with section (a) of this Rule, the court

shall comply with that section as part of the waiver inquiry. The court shall ensure that compliance with this section is noted in the file or on the docket. At any subsequent appearance of the defendant before the court, the docket or file notation of compliance shall be prima facie proof of the defendant's express waiver of counsel. After there has been an express waiver, no postponement of a scheduled trial or hearing date will be granted to obtain counsel unless the court finds it is in the interest of justice to do so. (c) Waiver by inaction -- District Court. In the District Court, if the defendant appears on the date set for trial without counsel and indicates a desire to have counsel, the court shall permit the defendant to explain the appearance without counsel. If the court finds that there is a meritorious reason for the defendant's appearance without counsel, the court shall continue the action to a later time, comply with section (a) of this Rule, if the record does not show prior compliance, and advise the defendant that if counsel does not enter an appearance by that time, the action will proceed to trial with the defendant unrepresented by counsel. If the court finds that there is no meritorious reason for the defendant's appearance without counsel, the court may determine that the defendant has waived counsel by failing or refusing to obtain counsel and may proceed with the trial only if (1) the defendant received a copy of the charging document containing the notice as to the right to counsel and (2) the defendant either (A) is charged with an offense that is not punishable by a fine exceeding five hundred dollars or by imprisonment, or (B) appeared before a judicial officer of the District Court pursuant to Rule 4-213 (a) or before the court pursuant to section (a) of this Rule and was given the required advice. (d) Waiver by inaction -- Circuit court. If a defendant appears in circuit court without counsel on the date set for hearing or trial, indicates a desire to have counsel, and the record shows compliance with section (a) of this Rule, either in a previous appearance in the circuit court or in an appearance in the District Court in a case in which the defendant demanded a jury trial, the court shall permit the defendant to explain the appearance without counsel. If the court finds that there is a meritorious reason for the defendant's appearance without counsel, the court shall continue the action to a later time and advise the defendant that if counsel does not enter an appearance by that time, the action will proceed to trial with the defendant unrepresented by counsel. If the court finds that there is no meritorious reason for the defendant's appearance without counsel, the court may determine that the defendant has waived counsel by failing or refusing to obtain counsel and may proceed with the hearing or trial. (e) Discharge of counsel -- Waiver. If a defendant requests permission to discharge an attorney whose appearance has been entered, the court shall permit the defendant to explain the reasons for the request. If the court finds that there is a meritorious reason for the defendant's request, the court shall permit the discharge of counsel; continue the action if necessary; and advise the defendant that if new counsel does not enter an appearance by the next scheduled trial date, the action will proceed to trial with the defendant unrepresented by counsel. If the court finds no meritorious reason for the defendant's request, the court may not permit the discharge of counsel without first informing the defendant that the trial will proceed as scheduled with the defendant unrepresented by counsel if the defendant discharges counsel and does not have new counsel. If the court permits the defendant to discharge counsel, it shall comply with subsections (a) (1)-(4) of this Rule if the docket or file does not reflect prior compliance.

HISTORY: (Amended Apr. 7, 1986, effective July 1, 1986; May 9, 1991, effective July 1, 1991; Dec. 4, 2007, effective Jan. 1, 2008.) MARYLAND RULES TITLE 4. CRIMINAL CAUSES CHAPTER 200. PRETRIAL PROCEDURES Md. Rule 4-216 (2012) Rule 4-216. Pretrial release (a) Arrest without warrant. If a defendant was arrested without a warrant, the judicial officer shall determine whether there was probable cause for the arrest. If there was probable cause, the judicial officer shall implement the remaining sections of this Rule. If there was no probable cause, the judicial officer shall release the defendant on personal recognizance, with no other conditions of release, and the remaining sections of this Rule are inapplicable. Cross references. -- See Rule 4-213 (a) (4). (b) Defendants eligible for release by commissioner or judge. In accordance with this Rule and Code, Criminal Procedure Article, 5-101 and 5-201 and except as otherwise provided in section (c) of this Rule or by Code, Criminal Procedure Article, 5-201 and 5-202, a defendant is entitled to be released before verdict on personal recognizance or on bail, in either case with or without conditions imposed, unless the judicial officer determines that no condition of release will reasonably ensure (1) the appearance of the defendant as required and (2) the safety of the alleged victim, another person, and the community. (c) Defendants eligible for release only by a judge. A defendant charged with an offense for which the maximum penalty is death or life imprisonment or with an offense listed under Code, Criminal Procedure Article, 5-202 (a), (b), (c), (d), (e), (f) or (g) may not be released by a District Court Commissioner, but may be released before verdict or pending a new trial, if a new trial has been ordered, if a judge determines that all requirements imposed by law have been satisfied and that one or more conditions of release will reasonably ensure (1) the appearance of the defendant as required and (2) the safety of the alleged victim, another person, and the community. (d) Duties of judicial officer. (1) Consideration of factors. In determining whether a defendant should be released and the conditions of release, the judicial officer shall take into account the following information, to the extent available: (A) the nature and circumstances of the offense charged, the nature of the evidence against the defendant, and the potential sentence upon conviction; (B) the defendant's prior record of appearance at court proceedings or flight to avoid prosecution or failure to appear at court proceedings;

(C) the defendant's family ties, employment status and history, financial resources, reputation, character and mental condition, length of residence in the community, and length of residence in this State; (D) any recommendation of an agency that conducts pretrial release investigations; (E) any recommendation of the State's Attorney; (F) any information presented by the defendant or defendant's counsel; (G) the danger of the defendant to the alleged victim, another person, or the community; (H) the danger of the defendant to himself or herself; and (I) any other factor bearing on the risk of a wilful failure to appear and the safety of the alleged victim, another person, or the community, including all prior convictions and any prior adjudications of delinquency that occurred within three years of the date the defendant is charged as an adult. (2) Statement of reasons -- When required. Upon determining to release a defendant to whom section (c) of this Rule applies or to refuse to release a defendant to whom section (b) of this Rule applies, the judicial officer shall state the reasons in writing or on the record. (3) Imposition of conditions of release. If the judicial officer determines that the defendant should be released other than on personal recognizance without any additional conditions imposed, the judicial officer shall impose on the defendant the least onerous condition or combination of conditions of release set out in section (e) of this Rule that will reasonably: (A) ensure the appearance of the defendant as required, (B) protect the safety of the alleged victim by ordering the defendant to have no contact with the alleged victim or the alleged victim's premises or place of employment or by other appropriate order, and (C) ensure that the defendant will not pose a danger to another person or to the community. (4) Advice of conditions; consequences of violation; amount and terms of bail. The judicial officer shall advise the defendant in writing or on the record of the conditions of release imposed and of the consequences of a violation of any condition. When bail is required, the judicial officer shall state in writing or on the record the amount and any terms of the bail. (e) Conditions of release. The conditions of release imposed by a judicial officer under this Rule may include: (1) committing the defendant to the custody of a designated person or organization that agrees to

supervise the defendant and assist in ensuring the defendant's appearance in court; (2) placing the defendant under the supervision of a probation officer or other appropriate public official; (3) subjecting the defendant to reasonable restrictions with respect to travel, association, or residence during the period of release; (4) requiring the defendant to post a bail bond complying with Rule 4-217 in an amount and on conditions specified by the judicial officer, including any of the following: (A) without collateral security; (B) with collateral security of the kind specified in Rule 4-217 (e) (1) (A) equal in value to the greater of $ 100.00 or 10% of the full penalty amount, and if the judicial officer sets bail at $ 2500 or less, the judicial officer shall advise the defendant that the defendant may post a bail bond secured by either a corporate surety or a cash deposit of 10% of the full penalty amount; (C) with collateral security of the kind specified in Rule 4-217 (e) (1) (A) equal in value to a percentage greater than 10% but less than the full penalty amount; (D) with collateral security of the kind specified in Rule 4-217 (e) (1) equal in value to the full penalty amount; or (E) with the obligation of a corporation that is an insurer or other surety in the full penalty amount; (5) subjecting the defendant to any other condition reasonably necessary to: (A) ensure the appearance of the defendant as required, (B) protect the safety of the alleged victim, and (C) ensure that the defendant will not pose a danger to another person or to the community; and (6) imposing upon the defendant, for good cause shown, one or more of the conditions authorized under Code, Criminal Law Article, 9-304 reasonably necessary to stop or prevent the intimidation of a victim or witness or a violation of Code, Criminal Law Article, 9-302, 9-303, or 9-305. Cross references. -- See Code, Criminal Procedure Article, 5-201 (a)(2) concerning protections for victims as a condition of release. See Code, Criminal Procedure Article, 5-201 (b), and Code, Business Occupations and Professions Article, Title 20, concerning private home detention monitoring as a condition of release. (f) Review of commissioner's pretrial release order.

(1) Generally. A defendant who is denied pretrial release by a commissioner or who for any reason remains in custody for 24 hours after a commissioner has determined conditions of release pursuant to this Rule shall be presented immediately to the District Court if the court is then in session, or if not, at the next session of the court. The District Court shall review the commissioner's pretrial release determination and take appropriate action. If the defendant will remain in custody after the review, the District Court shall set forth in writing or on the record the reasons for the continued detention. Cross references. -- See Rule 4-231 (d) concerning the presence of a defendant by video conferencing. (2) Juvenile defendant. If the defendant is a child whose case is eligible for transfer to the juvenile court pursuant to Code, Criminal Procedure Article, 4-202(b), the District Court, regardless of whether it has jurisdiction over the offense charged, may order that a study be made of the child, the child's family, or other appropriate matters. The court also may order that the child be held in a secure juvenile facility. (g) Continuance of previous conditions. When conditions of pretrial release have been previously imposed in the District Court, the conditions continue in the circuit court unless amended or revoked pursuant to section (h) of this Rule. (h) Amendment of pretrial release order. After a charging document has been filed, the court, on motion of any party or on its own initiative and after notice and opportunity for hearing, may revoke an order of pretrial release or amend it to impose additional or different conditions of release. If its decision results in the detention of the defendant, the court shall state the reasons for its action in writing or on the record. A judge may alter conditions set by a commissioner or another judge. (i) Supervision of detention pending trial. In order to eliminate unnecessary detention, the court shall exercise supervision over the detention of defendants pending trial. It shall require from the sheriff, warden, or other custodial officer a weekly report listing each defendant within its jurisdiction who has been held in custody in excess of seven days pending preliminary hearing, trial, sentencing, or appeal. The report shall give the reason for the detention of each defendant. (j) Violation of condition of release. A court may issue a bench warrant for the arrest of a defendant charged with a criminal offense who is alleged to have violated a condition of pretrial release. After the defendant is presented before a court, the court may (1) revoke the defendant's pretrial release or (2) continue the defendant's pretrial release with or without conditions. Cross references. -- See Rule 1-361, Execution of Warrants and Body Attachments. See also, Rule 4-347, Proceedings for Revocation of Probation, which preserves the authority of a judge issuing a warrant to set the conditions of release on an alleged violation of probation. (k) Title 5 not applicable. Title 5 of these rules does not apply to proceedings conducted under this Rule.

HISTORY: (Amended November 1, 1991, effective January 1, 1992; December 15, 1993, effective July 1, 1994; June 7, 1994, effective October 1, 1994; June 8, 1998, effective October 1, 1998; January 20, 1999, effective July 1, 1999; October 5, 1999; January 8, 2002, effective February 1, 2002; November 12, 2003, effective January 1, 2004; amended September 10, 2009, effective October 1, 2009; amended March 9, 2010, effective July 1, 2010; amended October 20, 2010, effective January 1, 2011.) MARYLAND RULES TITLE 4. CRIMINAL CAUSES CHAPTER 200. PRETRIAL PROCEDURES Md. Rule 4-217 (2012) Rule 4-217. Bail bonds (a) Applicability of Rule. This Rule applies to all bail bonds taken pursuant to Rule 4-216, and to bonds taken pursuant to Rules 4-267, 4-348, and 4-349 to the extent consistent with those rules. (b) Definitions. As used in this Rule, the following words have the following meanings: (1) Bail bond. "Bail bond" means a written obligation of a defendant, with or without a surety or collateral security, conditioned on the appearance of the defendant as required and providing for the payment of a penalty sum according to its terms. (2) Bail bondsman. "Bail bondsman" means an authorized agent of a surety insurer. (3) Bail bond commissioner. "Bail bond commissioner" means any person appointed to administer rules adopted pursuant to Maryland Rule 16-817. Cross references. -- Code, Criminal Procedure Article, 5-203. (4) Clerk. "Clerk" means the clerk of the court and any deputy or administrative clerk. (5) Collateral security. "Collateral security" means any property deposited, pledged, or encumbered to secure the performance of a bail bond. (6) Surety. "Surety" means a person other than the defendant who, by executing a bail bond, guarantees the appearance of the defendant, and includes an uncompensated or accommodation surety. (7) Surety insurer. "Surety insurer" means any person in the business of becoming, either directly or through an authorized agent, a surety on a bail bond for compensation. (c) Authorization to take bail bond. Any clerk, District Court commissioner, or other person authorized by law may take a bail bond. The person who takes a bail bond shall deliver it to the

court in which the charges are pending, together with all money or other collateral security deposited or pledged and all documents pertaining to the bail bond. Cross references. -- Code, Criminal Procedure Article, 5-204 and 5-205. (d) Qualification of surety. (1) In general. The Chief Clerk of the District Court shall maintain a list containing: (A) the names of all surety insurers who are in default, and have been for a period of 60 days or more, in the payment of any bail bond forfeited in any court in the State, (B) the names of all bail bondsmen authorized to write bail bonds in this State, and (C) the limit for any one bond specified in the bail bondsman's general power of attorney on file with the Chief Clerk of the District Court. The clerk of each circuit court and the Chief Clerk of the District Court shall notify the Insurance Commissioner of the name of each surety insurer who has failed to resolve or satisfy bond forfeitures for a period of 60 days or more. The clerk of each circuit court also shall send a copy of the list to the Chief Clerk of the District Court. Cross references. -- For penalties imposed on surety insurers in default, see Code, Insurance Article, 21-103 (a). (2) Surety insurer. No bail bond shall be accepted if the surety on the bond is on the current list maintained by the Chief Clerk of the District Court of those in default. No bail bond executed by a surety insurer directly may be accepted unless accompanied by an affidavit reciting that the surety insurer is authorized by the Insurance Commissioner of Maryland to write bail bonds in this State. Cross references. -- For the obligation of the District Court Clerk or a circuit court clerk to notify the Insurance Commissioner concerning a surety insurer who fails to resolve or satisfy bond forfeitures, see Code, Insurance Article, 21-103 (b). (3) Bail bondsman. No bail bond executed by a bail bondsman may be accepted unless the bondsman's name appears on the most recent list maintained by the Chief Clerk of the District Court, the bail bond is within the limit specified in the bondsman's general power of attorney as shown on the list or in a special power of attorney filed with the bond, and the bail bond is accompanied by an affidavit reciting that the bail bondsman: (A) is duly licensed in the jurisdiction in which the charges are pending, if that jurisdiction licenses bail bondsmen; (B) is authorized to engage the surety insurer as surety on the bail bond pursuant to a valid general or special power of attorney; and (C) holds a valid license as an insurance broker or agent in this State, and that the surety insurer is authorized by the Insurance Commissioner of Maryland to write bail bonds in this State. Cross references. -- Code, Criminal Procedure Article, 5-203 and Rule 16-817 (Appointment of Bail Bond Commissioner -- Licensing and Regulation of Bail Bondsmen).

(e) Collateral security. (1) Authorized collateral. A defendant or surety required to give collateral security may satisfy the requirement by: (A) depositing with the person who takes the bond the required amount in cash or certified check, or pledging intangible property approved by the court; or (B) encumbering one or more parcels of real estate situated in the State of Maryland, owned by the defendant or surety in fee simple absolute, or as chattel real subject to ground rent. No bail bond to be secured by real estate may be taken unless (1) a Declaration of Trust of a specified parcel of real estate, in the form set forth at the end of this Title as Form 4-217.1, is executed before the person who takes the bond and is filed with the bond, or (2) the bond is secured by a Deed of Trust to the State or its agent and the defendant or surety furnishes a verified list of all encumbrances on each parcel of real estate subject to the Deed of Trust in the form required for listing encumbrances in a Declaration of Trust. (2) Value. Collateral security shall be accepted only if the person who takes the bail bond is satisfied that it is worth the required amount. (3) Additional or different collateral security. Upon a finding that the collateral security originally deposited, pledged, or encumbered is insufficient to ensure collection of the penalty sum of the bond, the court, on motion by the State or on its own initiative and after notice and opportunity for hearing, may require additional or different collateral security. (f) Condition of bail bond. The condition of any bail bond taken pursuant to this Rule shall be that the defendant personally appear as required in any court in which the charges are pending, or in which a charging document may be filed based on the same acts or transactions, or to which the action may be transferred, removed, or if from the District Court, appealed, and that the bail bond shall continue in effect until discharged pursuant to section (j) of this Rule. (g) Form and contents of bond -- Execution. Every pretrial bail bond taken shall be in the form of the bail bond set forth at the end of this Title as Form 4-217.2, and, except as provided in Code, Criminal Procedure Article, 5-214, shall be executed and acknowledged by the defendant and any surety before the person who takes the bond. (h) Voluntary surrender of the defendant by surety. A surety on a bail bond who has custody of a defendant may procure the discharge of the bail bond at any time before forfeiture by: (1) delivery of a copy of the bond and the amount of any premium or fee received for the bond to the court in which the charges are pending or to a commissioner in the county in which the charges are pending who shall thereupon issue an order committing the defendant to the custodian of the jail or detention center; and (2) delivery of the defendant and the commitment order to the custodian of the jail or detention

center, who shall thereupon issue a receipt for the defendant to the surety. Unless released on a new bond, the defendant shall be taken forthwith before a judge of the court in which the charges are pending. On motion of the surety or any person who paid the premium or fee, and after notice and opportunity to be heard, the court may by order award to the surety an allowance for expenses in locating and surrendering the defendant, and refund the balance to the person who paid it. (i) Forfeiture of bond. (1) On defendant's failure to appear -- Issuance of warrant. If a defendant fails to appear as required, the court shall order forfeiture of the bail bond and issuance of a warrant for the defendant's arrest. The clerk shall promptly notify any surety on the defendant's bond, and the State's Attorney, of the forfeiture of the bond and the issuance of the warrant. Cross references. -- Code, Criminal Procedure Article, 5-211. (2) Striking out forfeiture for cause. If the defendant or surety can show reasonable grounds for the defendant's failure to appear, notwithstanding Rule 2-535, the court shall (A) strike out the forfeiture in whole or in part; and (B) set aside any judgment entered thereon pursuant to subsection (4) (A) of this section, and (C) order the remission in whole or in part of the penalty sum paid pursuant to subsection (3) of this section. Cross references. -- Code, Criminal Procedure Article, 5-208(b)(1) and (2) and Allegany Mut. Cas. Co. v. State, 234 Md. 278, 199 A.2d 201 (1964). (3) Satisfaction of forfeiture. Within 90 days from the date the defendant fails to appear, which time the court may extend to 180 days upon good cause shown, a surety shall satisfy any order of forfeiture, either by producing the defendant in court or by paying the penalty sum of the bond. If the defendant is produced within such time by the State, the court shall require the surety to pay the expenses of the State in producing the defendant and shall treat the order of forfeiture satisfied with respect to the remainder of the penalty sum. (4) Enforcement of forfeiture. If an order of forfeiture has not been stricken or satisfied within 90 days after the defendant's failure to appear, or within 180 days if the time has been extended, the clerk shall forthwith: (A) enter the order of forfeiture as a judgment in favor of the governmental entity that is entitled by statute to receive the forfeiture and against the defendant and surety, if any, for the amount of the penalty sum of the bail bond, with interest from the date of forfeiture and costs including any costs of recording, less any amount that may have been deposited as collateral security; and (B) cause the judgment to be recorded and indexed among the civil judgment records of the circuit court of the county; and

(C) prepare, attest, and deliver or forward to any bail bond commissioner appointed pursuant to Rule 16-817, to the State's Attorney, to the Chief Clerk of the District Court, and to the surety, if any, a true copy of the docket entries in the cause, showing the entry and recording of the judgment against the defendant and surety, if any. Enforcement of the judgment shall be by the State's Attorney in accordance with those provisions of the rules relating to the enforcement of judgments. (5) Subsequent appearance of defendant. When the defendant is produced in court after the period allowed under subsection (3) of this section, the surety may apply for the refund of any penalty sum paid in satisfaction of the forfeiture less any expenses permitted by law. If the penalty sum has not been paid, the court, on application of the surety and payment of any expenses permitted by law, shall strike the judgment against the surety entered as a result of the forfeiture. (6) Where defendant incarcerated outside this state. (A) If, within the period allowed under subsection (3) of this section, the surety produces evidence and the court finds that the defendant is incarcerated in a penal institution outside this State and that the State's Attorney is unwilling to issue a detainer and subsequently extradite the defendant, the court shall strike out the forfeiture and shall return the bond or collateral security to the surety. (B) If, after the expiration of the period allowed under subsection (3) of this section, but within 10 years from the date the bond or collateral was posted, the surety produces evidence and the court finds that the defendant is incarcerated in a penal institution outside this State and that the State's Attorney is unwilling to issue a detainer and subsequently extradite the defendant, the court shall (i) strike out the forfeiture; (ii) set aside any judgment thereon; and (iii) order the return of the forfeited bond or collateral or the remission of any penalty sum paid pursuant to subsection (3) of this section. (j) Discharge of bond -- Refund of collateral security. (1) Discharge. The bail bond shall be discharged when: (A) all charges to which the bail bond applies have been stetted, unless the bond has been forfeited and 10 years have elapsed since the bond or other security was posted; or (B) all charges to which the bail bond applies have been disposed of by a nolle prosequi, dismissal, acquittal, or probation before judgment; or (C) the defendant has been sentenced in the District Court and no timely appeal has been taken, or in the circuit court exercising original jurisdiction, or on appeal or transfer from the District Court; or (D) the court has revoked the bail bond pursuant to Rule 4-216 or the defendant has been convicted and denied bail pending sentencing; or

(E) the defendant has been surrendered by the surety pursuant to section (h) of this Rule. Cross references. -- See Code, Criminal Procedure Article, 5-208(d) relating to discharge of a bail bond when the charges are stetted. See also Rule 4-349 pursuant to which the District Court judge may deny release on bond pending appeal or may impose different or greater conditions for release after conviction than were imposed for the pretrial release of the defendant pursuant to Rule 4-216. (2) Refund of collateral security -- Release of lien. Upon the discharge of a bail bond and surrender of the receipt, the clerk shall return any collateral security to the person who deposited or pledged it and shall release any Declaration of Trust that was taken. HISTORY: (Amended Nov. 20, 1984, effective Jan. 1, 1985; Apr. 7, 1986, effective July 1, 1986; June 28, 1988, effective July 1, 1988; Nov. 22, 1989, effective Jan. 1, 1990; June 5, 1996, effective Jan. 1, 1997; Jan. 8, 2002, effective Feb. 1, 2002; November 12, 2003, effective January 1, 2004; May 8, 2007, effective July 1, 2007; Dec. 4, 2007, effective Jan. 1, 2008; amended Sept. 10, 2009, effective Oct. 1, 2009.)

MARYLAND RULES TITLE 4. CRIMINAL CAUSES CHAPTER 200. PRETRIAL PROCEDURES Md. Rule 4-221 (2012) Rule 4-221. Preliminary hearing in District Court (a) Request and waiver. A defendant charged with a felony that is not within the jurisdiction of the District Court may request a preliminary hearing at or within ten days after an initial appearance pursuant to Rule 4-213 (a). The preliminary hearing shall be held in the District Court. Failure to make a timely request is a waiver of a preliminary hearing, unless the court orders otherwise. Within three days after a defendant waives a preliminary hearing expressly or by not making a timely request, the clerk shall forward to the State's Attorney a written notice of the waiver or a copy of the docket entries showing the waiver. Within ten days after a defendant waives a preliminary hearing, the State may request a preliminary hearing. (b) Scheduling. The commissioner or the clerk shall schedule a preliminary hearing date within 30 days after a timely request for a hearing and shall notify all parties of the date. For good cause shown, the court may reschedule the hearing. (c) When not available. A preliminary hearing may not be held if before the hearing: (1) An indictment is filed in circuit court; (2) The State's Attorney amends the pending charging document or files a new charging document

charging an offense within the jurisdiction of the District Court; or (3) The State's Attorney enters a nolle prosequi or the charge is marked stet on the docket as provided by Rules 4-247 and 4-248. (d) Conduct of preliminary hearing. Before proceeding with a preliminary hearing, the District Court shall make certain that the defendant has received a copy of the charging document and shall read or state to the defendant the substance of each offense. Title 5 of these rules does not apply to preliminary hearings. The court shall receive relevant evidence presented by the State, and evidence may not be excluded on the ground that it was acquired by unlawful means. The defendant is entitled to cross-examine witnesses but not to present evidence. (e) Determination by Court. If the District Court finds after the preliminary hearing that there is probable cause to believe that the defendant committed an offense, the conditions of pretrial release previously established shall continue unless changed by the court. Promptly after the finding of probable cause by the court, the clerk shall forward to the State's Attorney a written notice of the finding or a copy of the docket entries showing the finding. If the District Court does not find that there is probable cause to believe that the defendant committed an offense, it shall dismiss the charging document and release the defendant. A dismissal pursuant to this section is without prejudice. (f) Action required by State's Attorney. Within 30 days after a finding by the court of probable cause or within 30 days after the defendant waives a preliminary hearing, the State's Attorney shall: (1) File a charging document in circuit court; (2) Amend the pending charging document or file a new charging document charging the defendant with an offense within the jurisdiction of the District Court; or (3) Enter a nolle prosequi or have the charge marked stet on the docket as provided in Rules 4-247 and 4-248. After hearing on the record in the presence of the defendant and for good cause shown, the court may extend the time within which the State's Attorney shall take such action. (g) Dismissal for lack of prosecution. If the State's Attorney fails to comply with section (f) of this Rule, the court shall enter an order of dismissal for lack of prosecution. A dismissal pursuant to this section is without prejudice. (h) State's Attorney's notification -- Transfer of papers. Upon the filing of a charging document in the circuit court pursuant to section (c) or (f) of this Rule, the State's Attorney shall promptly give notice of the filing to the clerk of the District Court, the defendant, and all witnesses subpoenaed for a preliminary hearing. When so notified, the clerk shall immediately forward all papers to the clerk of the circuit court in which the charging document is filed.

Cross references. -- Code, Criminal Procedure Article, 4-103. HISTORY: (Amended Dec. 15, 1993, effective July 1, 1994; Jan. 8, 2002, effective Feb. 1, 2002.)

MARYLAND RULES TITLE 4. CRIMINAL CAUSES CHAPTER 200. PRETRIAL PROCEDURES Md. Rule 4-222 (2012) Rule 4-222. Procedure upon waiver of jurisdiction by juvenile court (a) Pretrial release hearing. A minor or an adult defendant who is detained after entry of an order waiving jurisdiction by a juvenile court shall be taken before a judicial officer of the District Court for a pretrial release hearing pursuant to Rule 4-216 without unnecessary delay and in no event later than 24 hours after the waiver order is entered. The petition alleging delinquency shall serve as the charging document for the purpose of detaining the minor or adult defendant pending the filing of a charging document pursuant to section (d) of this Rule. Cross references. -- Code (1957, 1989 Repl. Vol.), Courts Art., 10-912. (b) Probable cause determination. A minor or adult defendant shall be released on personal recognizance, with no other conditions of release, unless the judicial officer determines that there is probable cause to believe that the minor or adult defendant committed the offense described in the juvenile petition. (c) Review by Court. A defendant who is denied pretrial release by a commissioner or who for any reason remains in custody for 24 hours after a commissioner has determined conditions of release pursuant to this Rule shall be presented immediately to the District Court if the court is then in session or, if not, at the next session of the court. The District Court shall review the commissioner's pretrial release determination and shall take appropriate action thereon. If the minor or adult defendant will remain in custody after the review, the District Court shall set forth in writing or on the record the reasons for the continued detention. (d) Filing of charging document. Within ten days after the entry of the waiver order, a charging document shall be filed in the District Court or in the circuit court charging the minor or adult defendant with the offense described in the juvenile petition. If not so filed, the minor or adult defendant shall be released without prejudice from all conditions of pretrial release. HISTORY: (Amended Nov. 12, 2003, effective Jan. 1, 2004.)

MARYLAND RULES TITLE 4. CRIMINAL CAUSES CHAPTER 200. PRETRIAL PROCEDURES Md. Rule 4-231 (2012) Rule 4-231. Presence of defendant (a) When presence required. A defendant shall be present at all times when required by the court. A corporation may be present by counsel. (b) Right to be present -- Exceptions. A defendant is entitled to be physically present in person at a preliminary hearing and every stage of the trial, except (1) at a conference or argument on a question of law; (2) when a nolle prosequi or stet is entered pursuant to Rules 4-247 and 4-248. Cross references. -- Code, Criminal Procedure Article, 11-303. (c) Waiver of right to be present. The right to be present under section (b) of this Rule is waived by a defendant: (1) who is voluntarily absent after the proceeding has commenced, whether or not informed by the court of the right to remain; or (2) who engages in conduct that justifies exclusion from the courtroom; or (3) who, personally or through counsel, agrees to or acquiesces in being absent. (d) Video Conferencing in District Court. In the District Court, if the Chief Judge of the District Court has approved the use of video conferencing in the county, a judicial officer may conduct an initial appearance under Rule 4-213 (a) or a review of the commissioner's pretrial release determination under Rule 4-216 (f) with the defendant and the judicial officer at different locations, provided that: (1) the video conferencing procedure and technology are approved by the Chief Judge of the District Court for use in the county; (2) immediately after the proceeding, all documents that are not a part of the District Court file and that would be a part of the file if the proceeding had been conducted face-to-face shall be electronically transmitted or hand-delivered to the District Court; and (3) if the initial appearance under Rule 4-213 is conducted by video conferencing, the review under Rule 4-216 (f) shall not be conducted by video conferencing.

HISTORY: (Amended June 7, 1994, effective Oct. 1, 1994; Jan. 20, 1999, effective July 1, 1999; May 9, 2000, effective July 1, 2000; Oct. 31, 2002, effective Jan. 1, 2003; Nov. 12, 2003, effective Jan. 1, 2004; amended Nov. 8, 2005, effective Jan. 1, 2006.)

MARYLAND RULES TITLE 4. CRIMINAL CAUSES CHAPTER 200. PRETRIAL PROCEDURES Md. Rule 4-241 (2012) Rule 4-241. Bill of particulars in the circuit court (a) Demand. Within 15 days after the earlier of the appearance of counsel or the first appearance of the defendant before the circuit court pursuant to Rule 4-213 (c), the defendant may file a demand in circuit court for a bill of particulars. The demand shall be in writing, unless otherwise ordered by the court, and shall specify the particulars sought. (b) Response to demand. Within ten days after service of the demand, the State shall file a bill of particulars that furnishes the particulars sought or it shall state the reason for its refusal to comply with the demand. (c) Exceptions to response. The defendant may file exceptions to the sufficiency of the bill of particulars or to any refusal or failure to comply with the demand. The exceptions shall be filed within ten days after service of the response to the demand or, if no response is filed, within ten days after the time within which a response should have been filed. The circuit court may rule on the exceptions without a hearing. (d) Amendment. On motion of the State, the court may permit a bill of particulars to be amended at any time subject to such conditions as justice requires.

MARYLAND RULES TITLE 4. CRIMINAL CAUSES CHAPTER 200. PRETRIAL PROCEDURES Md. Rule 4-242 (2012) Rule 4-242. Pleas

(a) Permitted pleas. A defendant may plead not guilty, guilty, or, with the consent of the court, nolo contendere. In addition to any of these pleas, the defendant may enter a plea of not criminally responsible by reason of insanity. (b) Method of pleading. (1) Manner. A defendant may plead not guilty personally or by counsel on the record in open court or in writing. A defendant may plead guilty or nolo contendere personally on the record in open court, except that a corporate defendant may plead guilty or nolo contendere by counsel or a corporate officer. A defendant may enter a plea of not criminally responsible by reason of insanity personally or by counsel and the plea shall be in writing. (2) Time in the District Court. In District Court the defendant shall initially plead at or before the time the action is called for trial. (3) Time in circuit court. In circuit court the defendant shall initially plead within 15 days after the earlier of the appearance of counsel or the first appearance of the defendant before the circuit court pursuant to Rule 4-213 (c). If a motion, demand for particulars, or other paper is filed that requires a ruling by the court or compliance by a party before the defendant pleads, the time for pleading shall be extended, without special order, to 15 days after the ruling by the court or the compliance by a party. A plea of not criminally responsible by reason of insanity shall be entered at the time the defendant initially pleads, unless good cause is shown. (4) Failure or refusal to plead. If the defendant fails or refuses to plead as required by this section, the clerk or the court shall enter a plea of not guilty. Cross references. -- See Treece v. State, 313 Md. 665 (1988), concerning the right of a defendant to decide whether to interpose the defense of insanity. (c) Plea of guilty. The court may not accept a plea of guilty until after an examination of the defendant on the record in open court conducted by the court, the State's Attorney, the attorney for the defendant, or any combination thereof, the court determines and announces on the record that (1) the defendant is pleading voluntarily, with understanding of the nature of the charge and the consequences of the plea; and (2) there is a factual basis for the plea. In addition, before accepting the plea, the court shall comply with section (e) of this Rule. The court may accept the plea of guilty even though the defendant does not admit guilt. Upon refusal to accept a plea of guilty, the court shall enter a plea of not guilty. (d) Plea of nolo contendere. A defendant may plead nolo contendere only with the consent of court. The court may require the defendant or counsel to provide information it deems necessary to enable it to determine whether or not it will consent. The court may not accept the plea until after an examination of the defendant on the record in open court conducted by the court, the State's Attorney, the attorney for the defendant, or any combination thereof, the court determines and announces on the record that the defendant is pleading voluntarily with understanding of the nature of the charge and the consequences of the plea. In addition, before accepting the plea, the court shall comply with section (e) of this Rule. Following the acceptance of a plea of nolo contendere,

the court shall proceed to disposition as on a plea of guilty, but without finding a verdict of guilty. If the court refuses to accept a plea of nolo contendere, it shall call upon the defendant to plead anew. (e) Collateral consequences of a plea of guilty or nolo contendere. Before the court accepts a plea of guilty or nolo contendere, the court, the State's Attorney, the attorney for the defendant, or any combination thereof shall advise the defendant (1) that by entering the plea, if the defendant is not a United States citizen, the defendant may face additional consequences of deportation, detention, or ineligibility for citizenship, (2) that by entering a plea to the offenses set out in Code, Criminal Procedure Article, 11-701, the defendant shall have to register with the defendant's supervising authority as defined in Code, Criminal Procedure Article, 11-701 (p), and (3) that the defendant should consult with defense counsel if the defendant is represented and needs additional information concerning the potential consequences of the plea. The omission of advice concerning the collateral consequences of a plea does not itself mandate that the plea be declared invalid. Committee note. -- In determining whether to accept the plea, the court should not question defendants about their citizenship or immigration status. Rather, the court should ensure that all defendants are advised in accordance with this section. This Rule does not overrule Yoswick v. State, 347 Md. 228 (1997) and Daley v. State, 61 Md. App. 486 (1985). (f) Plea to a degree. A defendant may plead not guilty to one degree and plead guilty to another degree of an offense which, by law, may be divided into degrees. (g) Withdrawal of plea. At any time before sentencing, the court may permit a defendant to withdraw a plea of guilty or nolo contendere when the withdrawal serves the interest of justice. After the imposition of sentence, on motion of a defendant filed within ten days, the court may set aside the judgment and permit the defendant to withdraw a plea of guilty or nolo contendere if the defendant establishes that the provisions of section (c) or (d) of this Rule were not complied with or there was a violation of a plea agreement entered into pursuant to Rule 4-243. The court shall hold a hearing on any timely motion to withdraw a plea of guilty or nolo contendere. HISTORY: (Amended April 7, 1986, effective July 1, 1986; June 28, 1989, effective July 1, 1989; Jan. 20, 1999, effective July 1, 1999; December 4, 2007, effective January 1, 2008; amended October 20, 2010, effective January 1, 2011.) MARYLAND RULES TITLE 4. CRIMINAL CAUSES CHAPTER 200. PRETRIAL PROCEDURES Md. Rule 4-243 (2012) Rule 4-243. Plea agreements (a) Conditions for agreement. (1) Terms. The defendant may enter into an agreement with the State's Attorney for a plea of guilty

or nolo contendere on any proper condition, including one or more of the following: (A) That the State's Attorney will amend the charging document to charge a specified offense or add a specified offense, or will file a new charging document; (B) That the State's Attorney will enter a nolle prosequi pursuant to Rule 4-247 (a) or move to mark certain charges against the defendant stet on the docket pursuant to Rule 4-248 (a); (C) That the State's Attorney will agree to the entry of a judgment of acquittal on certain charges pending against the defendant; (D) That the State will not charge the defendant with the commission of certain other offenses; (E) That the State's Attorney will recommend, not oppose, or make no comment to the court with respect to a particular sentence, disposition, or other judicial action; (F) That the parties will submit a plea agreement proposing a particular sentence, disposition, or other judicial action to a judge for consideration pursuant to section (c) of this Rule. (2) Notice to victims. The State's Attorney shall give prior notice, if practicable, of the terms of a plea agreement to each victim or victim's representative who has filed a Crime Victim Notification Request form or submitted a request to the State's Attorney pursuant to Code, Criminal Procedure Article, 11-104. (b) Recommendations of State's Attorney on sentencing. The recommendation of the State's Attorney with respect to a particular sentence, disposition, or other judicial action made pursuant to subsection (a) (1) (E) of this Rule is not binding on the court. The court shall advise the defendant at or before the time the State's Attorney makes a recommendation that the court is not bound by the recommendation, that it may impose the maximum penalties provided by law for the offense to which the defendant pleads guilty, and that imposition of a penalty more severe than the one recommended by the State's Attorney will not be grounds for withdrawal of the plea. (c) Agreements of sentence, disposition, or other judicial action. (1) Presentation to the court. If a plea agreement has been reached pursuant to subsection (a) (1) (F) of this Rule for a plea of guilty or nolo contendere which contemplates a particular sentence, disposition, or other judicial action, the defense counsel and the State's Attorney shall advise the judge of the terms of the agreement when the defendant pleads. The judge may then accept or reject the plea and, if accepted, may approve the agreement or defer decision as to its approval or rejection until after such pre-sentence proceedings and investigation as the judge directs. (2) Not binding on the court. The agreement of the State's Attorney relating to a particular sentence, disposition, or other judicial action is not binding on the court unless the judge to whom the agreement is presented approves it. (3) Approval of plea agreement. If the plea agreement is approved, the judge shall embody in the

judgment the agreed sentence, disposition, or other judicial action encompassed in the agreement or, with the consent of the parties, a disposition more favorable to the defendant than that provided for in the agreement. Committee note. -- As to whether sentence imposed pursuant to an approved plea agreement may be modified on post sentence review, see Chertkov v. State, 335 Md. 161 (1994). (4) Rejection of plea agreement. If the plea agreement is rejected, the judge shall inform the parties of this fact and advise the defendant (A) that the court is not bound by the plea agreement; (B) that the defendant may withdraw the plea; and (C) that if the defendant persists in the plea of guilty or nolo contendere, the sentence or other disposition of the action may be less favorable than the plea agreement. If the defendant persists in the plea, the court may accept the plea of guilty only pursuant to Rule 4-242 (c) and the plea of nolo contendere only pursuant to Rule 4-242 (d). (5) Withdrawal of plea. If the defendant withdraws the plea and pleads not guilty, then upon the objection of the defendant or the State made at that time, the judge to whom the agreement was presented may not preside at a subsequent court trial of the defendant on any charges involved in the rejected plea agreement. (d) Record of proceedings. All proceedings pursuant to this Rule, including the defendant's pleading, advice by the court, and inquiry into the voluntariness of the plea or a plea agreement shall be on the record. If the parties stipulate to the court that disclosure of the plea agreement or any of its terms would cause a substantial risk to any person of physical harm, intimidation, bribery, economic reprisal, or unnecessary annoyance or embarrassment, the court may order that the record be sealed subject to terms it deems appropriate. HISTORY: (Amended Dec. 10, 1996, effective July 1, 1997; Oct. 31, 2002, effective Jan. 1, 2003.)

MARYLAND RULES TITLE 4. CRIMINAL CAUSES CHAPTER 200. PRETRIAL PROCEDURES Md. Rule 4-244 (2012) Rule 4-244. Pleas to other offenses (a) Upon request of defendant. Upon acceptance of a plea of guilty or nolo contendere or after a verdict of guilty but before sentencing, a defendant may request permission to plead guilty or nolo contendere to any other pending charges within the jurisdiction of the court, including charges pending in another county. The request shall be in writing and signed by the defendant. The filing of the request is a waiver of venue as to an offense committed in another county and a waiver of

indictment by a grand jury. (b) Action of the State's Attorney. Charges pending in another county may be transferred to the sentencing court pursuant to section (a) of this Rule only if the State's Attorney in the county where the other charges are pending approves the transfer. If approval is given, the State's Attorney of the forwarding county shall assist the sentencing court in obtaining adequate information for accepting the plea and sentencing. (c) Action of the clerk of forwarding court. Upon receipt of defendant's request and the approval of the State's Attorney of the forwarding county, the clerk of the forwarding court shall transmit to the clerk of the sentencing court the case file containing the charging document and other original papers together with a certified copy of the docket entries. (d) Objection or withdrawal of plea. If the sentencing court does not accept the plea of guilty or nolo contendere to the transferred charges or if the defendant is permitted to withdraw the plea, the clerk of the sentencing court shall return the case file to the clerk of the forwarding court. (e) Action of clerk of sentencing court. After final judgment is entered by the sentencing court, the clerk shall return a certified copy of the docket entries in that court to the clerk of the forwarding court for entry on the docket in the forwarding court. MARYLAND RULES TITLE 4. CRIMINAL CAUSES CHAPTER 200. PRETRIAL PROCEDURES Md. Rule 4-245 (2012) Rule 4-245. Subsequent offenders (a) Definition. A subsequent offender is a defendant who, because of a prior conviction, is subject to additional or mandatory statutory punishment for the offense charged. (b) Required notice of additional penalties. When the law permits but does not mandate additional penalties because of a specified previous conviction, the court shall not sentence the defendant as a subsequent offender unless the State's Attorney serves notice of the alleged prior conviction on the defendant or counsel before the acceptance of a plea of guilty or nolo contendere or at least 15 days before trial in circuit court or five days before trial in District Court, whichever is earlier. (c) Required notice of mandatory penalties. When the law prescribes a mandatory sentence because of a specified previous conviction, the State's Attorney shall serve a notice of the alleged prior conviction on the defendant or counsel at least 15 days before sentencing in circuit court or five days before sentencing in District Court. If the State's Attorney fails to give timely notice, the court shall postpone sentencing at least 15 days unless the defendant waives the notice requirement.

(d) Disclosure of the notice. After acceptance of a plea of guilty or nolo contendere or after conviction, a copy of the notice shall be filed with the clerk and presented to the court. The allegation that the defendant is a subsequent offender is not an issue in the trial on the charging document and may not be disclosed to the trier of fact without the consent of the defendant, except as permitted in this Rule. Nothing herein shall prohibit the use of any prior conviction for impeachment purposes, if the evidence is otherwise admissible. (e) Determination. Before sentencing and after giving the defendant an opportunity to be heard, the court shall determine whether the defendant is a subsequent offender as specified in the notice of the State's Attorney. MARYLAND RULES TITLE 4. CRIMINAL CAUSES CHAPTER 200. PRETRIAL PROCEDURES Md. Rule 4-246 (2012) Rule 4-246. Waiver of jury trial -- Circuit court (a) Generally. In the circuit court, a defendant having a right to trial by jury shall be tried by a jury unless the right is waived pursuant to section (b) of this Rule. The State does not have the right to elect a trial by jury. (b) Procedure for acceptance of waiver. A defendant may waive the right to a trial by jury at any time before the commencement of trial. The court may not accept the waiver until, after an examination of the defendant on the record in open court conducted by the court, the State's Attorney, the attorney for the defendant, or any combination thereof, the court determines and announces on the record that the waiver is made knowingly and voluntarily. Committee note. -- Although the law does not require the court to use a specific form of inquiry in determining whether a defendant's waiver of a jury trial is knowing and voluntary, the record must demonstrate an intentional relinquishment of a known right. What questions must be asked will depend upon the facts and circumstances of the particular case. In determining whether a waiver is knowing, the court should seek to ensure that the defendant understands that: (1) the defendant has the right to a trial by jury; (2) unless the defendant waives a trial by jury, the case will be tried by a jury; (3) a jury consists of 12 individuals who reside in the county where the court is sitting, selected at random from a list that includes registered voters, licensed drivers, and holders of identification cards issued by the Motor Vehicle Administration, seated as jurors at the conclusion of a selection process in which the defendant, the defendant's attorney, and the State participate; (4) all 12 jurors must agree on whether the defendant is guilty or not guilty and may only convict upon proof beyond a reasonable doubt; (5) if the jury is unable to reach a unanimous decision, a mistrial will be declared and the State will then have the option of retrying the defendant; and (6) if the defendant waives a jury trial, the court will not permit the defendant to change the election unless the court finds good cause to permit the change.

In determining whether a waiver is voluntary, the court should consider the defendant's responses to questions such as: (1) Are you making this decision of your own free will?; (2) Has anyone offered or promised you anything in exchange for giving up your right to a jury trial?; (3) Has anyone threatened or coerced you in any way regarding your decision?; and (4) Are you presently under the influence of any medications, drugs, or alcohol?. Cross references. -- See Kang v. State, 393 Md. 97 (2006) and Abeokuto v. State, 391 Md. 289 (2006). (c) Withdrawal of a waiver. After accepting a waiver of jury trial, the court may permit the defendant to withdraw the waiver only on motion made before trial and for good cause shown. In determining whether to allow a withdrawal of the waiver, the court may consider the extent, if any, to which trial would be delayed by the withdrawal. HISTORY: (Amended Dec. 4, 2007, effective Jan. 1, 2008.)

MARYLAND RULES TITLE 4. CRIMINAL CAUSES CHAPTER 200. PRETRIAL PROCEDURES Md. Rule 4-247 (2012) Rule 4-247. Nolle prosequi (a) Disposition by nolle prosequi. The State's Attorney may terminate a prosecution on a charge and dismiss the charge by entering a nolle prosequi on the record in open court. The defendant need not be present in court when the nolle prosequi is entered, but if neither the defendant nor the defendant's attorney is present, the clerk shall send notice to the defendant, if the defendant's whereabouts are known, and to the defendant's attorney of record. Notice shall not be sent if either the defendant or the defendant's attorney was present in court when the nolle prosequi was entered. If notice is required, the clerk may send one notice that lists all of the charges that were dismissed. (b) Effect of nolle prosequi. When a nolle prosequi has been entered on a charge, any conditions of pretrial release on that charge are terminated, and any bail bond posted for the defendant on that charge shall be released. The clerk shall take the action necessary to recall or revoke any outstanding warrant or detainer that could lead to the arrest or detention of the defendant because of that charge. HISTORY: (Amended Nov. 1, 1991, effective Jan. 1, 1992; April 5, 2005, effective July 1, 2005; June 7, 2011, effective July 1, 2011.)

MARYLAND RULES TITLE 4. CRIMINAL CAUSES CHAPTER 200. PRETRIAL PROCEDURES Md. Rule 4-248 (2012) Rule 4-248. Stet (a) Disposition by stet. On motion of the State's Attorney, the court may indefinitely postpone trial of a charge by marking the charge "stet" on the docket. The defendant need not be present when a charge is stetted but if neither the defendant nor the defendant's attorney is present, the clerk shall send notice of the stet to the defendant, if the defendant's whereabouts are known, and to the defendant's attorney of record. Notice shall not be sent if either the defendant or the defendant's attorney was present in court when the charge was stetted. If notice is required, the clerk may send one notice that lists all of the charges that were stetted. A charge may not be stetted over the objection of the defendant. A stetted charge may be rescheduled for trial at the request of either party within one year and thereafter only by order of court for good cause shown. (b) Effect of stet. When a charge is stetted, the clerk shall take the action necessary to recall or revoke any outstanding warrant or detainer that could lead to the arrest or detention of the defendant because of the charge, unless the court orders that any warrant or detainer shall remain outstanding. HISTORY: (Amended Jan. 8, 2002, effective Feb. 1, 2002; April 5, 2005, effective July 1, 2005; June 7, 2011, effective July 1, 2011.)

MARYLAND RULES TITLE 4. CRIMINAL CAUSES CHAPTER 200. PRETRIAL PROCEDURES Md. Rule 4-251 (2012) Rule 4-251. Motions in District Court (a) Content. A motion filed before trial in District Court shall be in writing unless the court otherwise directs, shall state the grounds upon which it is made, and shall set forth the relief sought. A motion alleging an illegal source of information as the basis for probable cause must be supported by precise and specific factual averments. (b) When Made; Determination. (1) A motion asserting a defect in the charging document other than its failure to show jurisdiction

in the court or its failure to charge an offense shall be made and determined before the first witness is sworn and before evidence is received on the merits. (2) A motion filed before trial to suppress evidence or to exclude evidence by reason of any objection or defense shall be determined at trial. (3) A motion requesting that a child be held in a juvenile facility pending a transfer determination shall be heard and determined not later than the next court day after it is filed unless the court sets a later date for good cause shown. (4) A motion to transfer jurisdiction of an action to the juvenile court shall be determined within 10 days after the hearing on the motion. (5) Other motions may be determined at any appropriate time. (c) Effect of determination before trial. (1) Generally. The court may grant the relief it deems appropriate, including the dismissal of the charging document with or without prejudice. The defendant need not be present in court when a dismissal is entered, but if neither the defendant nor the defendant's attorney is present, the clerk shall send notice to the defendant, if the defendant's whereabouts are known, and to the defendant's attorney of record. Notice shall not be sent if either the defendant or the defendant's attorney was present when the charging document was dismissed. If notice is required, the clerk may send one notice that lists all of the charges that were dismissed. (2) Transfer of jurisdiction to juvenile court. If the court grants a motion to transfer jurisdiction of an action to the juvenile court, the court shall enter a written order waiving its jurisdiction and ordering that the defendant be subject to the jurisdiction and procedures of the juvenile court. In its order the court shall (A) release or continue the pretrial release of the defendant, subject to appropriate conditions reasonably necessary to ensure the appearance of the defendant in the juvenile court or (B) place the defendant in detention or shelter care pursuant to Code, Courts Article, 3-8A-15. Until a juvenile petition is filed, the charging document shall be considered a juvenile petition for the purpose of imposition and enforcement of conditions of release or placement of the defendant in detention or shelter care. HISTORY: (Amended Sept. 11, 1995, effective Jan. 1, 1996; Jan. 8, 2002, effective Feb. 1, 2002; June 16, 2009, effective June 17, 2009; June 7, 2011, effective July 1, 2011.)

MARYLAND RULES TITLE 4. CRIMINAL CAUSES CHAPTER 200. PRETRIAL PROCEDURES

Md. Rule 4-252 (2012) Rule 4-252. Motions in circuit court (a) Mandatory motions. In the circuit court, the following matters shall be raised by motion in conformity with this Rule and if not so raised are waived unless the court, for good cause shown, orders otherwise: (1) A defect in the institution of the prosecution; (2) A defect in the charging document other than its failure to show jurisdiction in the court or its failure to charge an offense; (3) An unlawful search, seizure, interception of wire or oral communication, or pretrial identification; (4) An unlawfully obtained admission, statement, or confession; and (5) A request for joint or separate trial of defendants or offenses. (b) Time for filing mandatory motions. A motion under section (a) of this Rule shall be filed within 30 days after the earlier of the appearance of counsel or the first appearance of the defendant before the court pursuant to Rule 4-213 (c), except when discovery discloses the basis for a motion, the motion may be filed within five days after the discovery is furnished. (c) Motion to transfer to juvenile court. A request to transfer an action to juvenile court pursuant to Code, Criminal Procedure Article, 4-202 shall be made by separate motion entitled "Motion to Transfer to Juvenile Court." The motion shall be filed within 30 days after the earlier of the appearance of counsel or the first appearance of the defendant before the court pursuant to Rule 4213 (c) and, if not so made, is waived unless the court, for good cause shown, orders otherwise. Cross references. -- For notification of victims of their right to file a victim impact statement in transfers of actions to juvenile court, see Code, Criminal Procedure Article, 11-402 (c). (d) Other motions. A motion asserting failure of the charging document to show jurisdiction in the court or to charge an offense may be raised and determined at any time. Any other defense, objection, or request capable of determination before trial without trial of the general issue, shall be raised by motion filed at any time before trial. (e) Content. A motion filed pursuant to this Rule shall be in writing unless the court otherwise directs, shall state the grounds upon which it is made, and shall set forth the relief sought. A motion alleging an illegal source of information as the basis for probable cause must be supported by precise and specific factual averments. Every motion shall contain or be accompanied by a statement of points and citation of authorities.

(f) Response. A response, if made, shall be filed within 15 days after service of the motion and contain or be accompanied by a statement of points and citation of authorities. (g) Determination. (1) Generally. Motions filed pursuant to this Rule shall be determined before trial and, to the extent practicable, before the day of trial, except that the court may defer until after trial its determination of a motion to dismiss for failure to obtain a speedy trial. If factual issues are involved in determining the motion, the court shall state its findings on the record. (2) (A) Motions concerning transfer of jurisdiction to the juvenile court. A motion requesting that a child be held in a juvenile facility pending a transfer determination shall be heard and determined not later than the next court day after it is filed unless the court sets a later date for good cause shown. (B) A motion to transfer jurisdiction of an action to the juvenile court shall be determined within 10 days after the hearing on the motion. (h) Effect of determination of certain motions. (1) Defect in prosecution or charging document. If the court grants a motion based on a defect in the institution of the prosecution or in the charging document, it shall order the defendant released on personal recognizance unless the crime charged is a crime of violence as defined in Code, Criminal Law Article, 14-101, in which case the court may release the defendant on any terms and conditions that the court considers appropriate or may order that the defendant be remanded to custody for a specific time period not to exceed ten days pending the filing of a new charging document. (2) Suppression of evidence. (A) If the court grants a motion to suppress evidence, the evidence shall not be offered by the State at trial, except that suppressed evidence may be used in accordance with law for impeachment purposes. The court may not reconsider its grant of a motion to suppress evidence unless before trial the State files a motion for reconsideration based on (i) newly discovered evidence that could not have been discovered by due diligence in time to present it to the court before the court's ruling on the motion to suppress evidence, (ii) an error of law made by the court in granting the motion to suppress evidence, or (iii) a change in law. The court may hold a hearing on the motion to reconsider. Hearings held before trial shall, whenever practicable, be held before the judge who granted the motion to suppress. If the court reverses or modifies its grant of a motion to suppress, the judge shall prepare and file or dictate into the record a statement of the reasons for the action taken. (B) If the State appeals a decision of the trial court granting a motion to suppress evidence in a case in which the defendant is charged with a crime of violence as defined in Code, Criminal Law Article, 14-101, the court may release the defendant on any terms and conditions that the court considers appropriate or may order the defendant remanded to custody pending the outcome of the

appeal. (C) If the court denies a motion to suppress evidence, the ruling is binding at the trial unless the court, on the motion of a defendant and in the exercise of its discretion, grants a supplemental hearing or a hearing de novo and rules otherwise. A pretrial ruling denying the motion to suppress is reviewable on a motion for a new trial or on appeal of a conviction. (3) Transfer of jurisdiction to juvenile court. If the court grants a motion to transfer jurisdiction of an action to the juvenile court, the court shall enter a written order waiving its jurisdiction and ordering that the defendant be subject to the jurisdiction and procedures of the juvenile court. In its order the court shall (A) release or continue the pretrial release of the defendant, subject to appropriate conditions reasonably necessary to ensure the appearance of the defendant in the juvenile court or (B) place the defendant in detention or shelter care pursuant to Code, Courts Article, 3-8A-15. Until a juvenile petition is filed, the charging document shall have the effect of a juvenile petition for the purpose of imposition and enforcement of conditions of release or placement of the defendant in detention or shelter care. Cross references. -- Code, Criminal Procedure Article, 4-202. HISTORY: (Amended Dec. 21, 1988; Sept. 11, 1995, effective Jan. 1, 1996; June 8, 1998, effective Oct. 1, 1998; Nov. 1, 2001, effective Jan. 1, 2002; Jan. 8, 2002, effective Feb. 1, 2002; April 5, 2005, effective July 1, 2005; June 16, 2009, effective June 17, 2009; amended Sept. 10, 2009, effective Oct. 1, 2009.)

MARYLAND RULES TITLE 4. CRIMINAL CAUSES CHAPTER 200. PRETRIAL PROCEDURES Md. Rule 4-253 (2012) Rule 4-253. Joint or separate trials (a) Joint trial of defendants. On motion of a party, the court may order a joint trial for two or more defendants charged in separate charging documents if they are alleged to have participated in the same act or transaction or in the same series of acts or transactions constituting an offense or offenses. (b) Joint trial of offenses. If a defendant has been charged in two or more charging documents, either party may move for a joint trial of the charges. In ruling on the motion, the court may inquire into the ability of either party to proceed at a joint trial. (c) Prejudicial joinder. If it appears that any party will be prejudiced by the joinder for trial of counts, charging documents, or defendants, the court may, on its own initiative or on motion of any

party, order separate trials of counts, charging documents, or defendants, or grant any other relief as justice requires. MARYLAND RULES TITLE 4. CRIMINAL CAUSES CHAPTER 200. PRETRIAL PROCEDURES Md. Rule 4-254 (2012) Rule 4-254. Reassignment and removal (a) Reassignment in District Court. The reassignment of a criminal action pending in the District Court shall be governed by the provisions of Rule 3-505. (b) Removal in circuit courts. (1) Capital cases. If a defendant is charged with an offense for which the maximum penalty is death and the State's Attorney has filed a notice of intention to seek the death penalty, either party may file a suggestion under oath that the party cannot have a fair and impartial trial in the court in which the action is pending. A suggestion by a defendant shall be under the defendant's personal oath, and a suggestion filed by the State shall be under the oath of the State's Attorney. When a suggestion is filed, the court shall order that the action be transferred for trial to another court having jurisdiction, and the Circuit Administrative Judge of the court ordering removal shall designate the county to which the case is to be removed. (2) Non-capital cases. When a defendant is not eligible for the death penalty and either party files a suggestion under oath that the party cannot have a fair and impartial trial in the court in which the action is pending, the court shall order that the action be transferred for trial to another court having jurisdiction only if the court is satisfied that the suggestion is true or that there is reasonable ground for it. The Circuit Administrative Judge of the court ordering removal shall designate the county to which the case is to be removed. A party who has obtained one removal may obtain further removal pursuant to this section. (3) Transfer of case file -- Trial. Upon the filing of an order for removal, the clerk shall transmit the case file and a certified copy of the docket entries to the clerk of the court to which the action is transferred and the action shall proceed as if originally filed there. After final disposition of the action, the clerk shall return a certified copy of the docket entries to the clerk of the court in which the action was originally instituted for entry on the docket as final disposition of the charges. HISTORY: (Amended Mar. 5, 2001, effective July 1, 2001; Nov. 12, 2003, effective January 1, 2004.) MARYLAND RULES TITLE 4. CRIMINAL CAUSES CHAPTER 200. PRETRIAL PROCEDURES

Md. Rule 4-261 (2012) Rule 4-261. Depositions (a) Availability. The parties may agree, without an order of court, to take a deposition of a witness, subject to the right of the witness to move for a protective order under section (f) of this Rule. Without agreement, the court, on motion of a party, may order that the testimony of a witness be taken by deposition if the court is satisfied that the witness may be unable to attend a trial or hearing, that the testimony may be material, and that the taking of the deposition is necessary to prevent a failure of justice. (b) Contents of order for deposition. An order for a deposition shall state the name and address of each witness to be examined and the time, date, and place of examination. It shall also designate any documents, recordings, photographs, or other tangible things, not privileged, that are to be produced at the time of the deposition. An order for a deposition shall include such other matters as the court may order, including any applicable provision of section (f) of this Rule. (c) Subpoena. Upon entry by the court of an order for a deposition or upon request pursuant to stipulation entered into under section (a) of this Rule, the clerk of the court shall issue a subpoena commanding the witness to appear at the time, date, and place designated and to produce at the deposition any documents, recordings, photographs, or other tangible things designated in the order of court or in the stipulation. (d) How taken. The procedure for taking a deposition shall be as provided by Rules 2-401 (f), 2414, 2-415, 2-416, and 2-417 (b) and (c). (e) Presence of the defendant. The defendant is entitled to be present at the taking of a deposition unless the right is waived. The county in which the action originated shall pay reasonable expenses of travel and subsistence of the defendant and defendant's counsel at a deposition taken at the instance of the State. (f) Protective order. On motion of a party or of the witness and for good cause shown, the court may enter any order that justice requires to protect the party or witness from annoyance, embarrassment, oppression, or undue burden or expense, including one or more of the following: (1) That the deposition not be taken; (2) That the deposition be taken only at some designated time or place, or before a judge or some other designated officer; (3) That certain matters not be inquired into or that the scope of the examination be limited to certain matters; (4) That the examination be held with no one present except parties to the action and their counsel;

(5) That the deposition, after being sealed, be opened only by order of the court; or (6) That a trade secret or other confidential research, development, or commercial information not be disclosed or be disclosed only in a designated way. (g) Use. (1) Substantive evidence. At a hearing or trial, all or part of a deposition, so far as otherwise admissible under the rules of evidence, may be used as substantive evidence if the court finds that the witness: (A) is dead, or (B) is unable to attend or testify because of age, mental incapacity, sickness, or infirmity, or (C) is present but refuses to testify and cannot be compelled to testify, or (D) is absent from the hearing or trial and that the party offering the deposition has been unable to procure the witness' attendance by subpoena or other reasonable means, unless the absence was procured by the party offering the deposition. (2) Impeachment. At a hearing or trial, a deposition may be used by any party for the purpose of contradicting or impeaching the testimony of the deponent as a witness to the extent permitted by the rules of evidence. (3) Partial use. If only part of a deposition is offered in evidence by a party, an adverse party may require the offering party to introduce at that time any other part that in fairness ought to be considered with the part offered, so far as otherwise admissible under the rules of evidence, and any party may introduce any other part in accordance with this Rule. (4) Objection to admissibility. Subject to Rules 2-412 (e), 2-415 (g) and (j), 2-416 (g), and 2-417 (c), an objection may be made at the hearing or trial to receiving in evidence all or part of a deposition for any reason that would require the exclusion of the evidence if the witness were then present and testifying. (h) Joint defendants. When persons are jointly tried, the court, for good cause shown, may refuse to permit the use at trial of a deposition taken at the instance of one defendant over the objection of any other defendant. HISTORY: (Amended Mar. 22, 1991, effective July 1, 1991; Dec. 8, 2003, effective July 1, 2004; May 8, 2007, effective July 1, 2007)

MARYLAND RULES TITLE 4. CRIMINAL CAUSES CHAPTER 200. PRETRIAL PROCEDURES Md. Rule 4-262 (2012)

Rule 4-262. Discovery in District Court (a) Applicability. This Rule governs discovery and inspection in the District Court. Discovery is available in the District Court in actions that are punishable by imprisonment. (b) Definitions. In this Rule, the terms "defense," "defense witness," "oral statement," "provide," "State's witness," and "written statement" have the meanings stated in Rule 4-263(b). Cross references. -- For the definition of "State's Attorney," see Rule 4-102(k). (c) Obligations of the parties. (1) Due diligence. The State's Attorney and defense shall exercise due diligence to identify all of the material and information that must be disclosed under this Rule. (2) Scope of obligations. The obligations of the State's Attorney and the defense extend to material and information that must be disclosed under this Rule and that are in the possession or control of the attorney, members of the attorney's staff, or any other person who either reports regularly to the attorney's office or has reported to the attorney's office in regard to the particular case. Cross references. -- For the obligations of the State's Attorney, see State v. Williams, 392 Md. 194 (2006). (d) Disclosure by the State's Attorney. (1) Without Request. Without the necessity of a request, the State's Attorney shall provide to the defense all material or information in any form, whether or not admissible, that tends to exculpate the defendant or negate or mitigate the defendant's guilt or punishment as to the offense charged and all material or information in any form, whether or not admissible, that tends to impeach a State's witness. Cross references. -- See Brady v. Maryland, 373 U.S. 83 (1963); Kyles v. Whitley, 514 U.S. 419 (1995); Giglio v. U.S., 405 U.S. 150 (1972); U.S. v. Agurs, 427 U.S. 97 (1976); Thomas v. State, 372 Md. 342 (2002); Goldsmith v. State, 337 Md. 112 (1995); and Lyba v. State, 321 Md. 564 (1991). (2) On Request. On written request of the defense, the State's Attorney shall provide to the defense: (A) Statements of Defendant and Co-defendant. All written and all oral statements of the defendant and of any co-defendant that relate to the offense charged and all material and information, including documents and recordings, that relate to the acquisition of such statements; (B) Written Statements of State's Witnesses. As to each State's witness the State's Attorney intends to call to prove the State's case in chief or to rebut alibi testimony, those written statements of the witness that relate to the offense charged and are (i) signed by or adopted by the witness or (ii)

contained in a police or investigative report, together with the name and, except as provided under Code, Criminal Procedure Article, 11-205 or Rule 16-1009(b), the address of the witness; (C) Searches, Seizures, Surveillance, and Pretrial Identification. All relevant material or information regarding: (i) specific searches and seizures, eavesdropping, or electronic surveillance including wiretaps; and (ii) pretrial identification of the defendant by a State's witness; (D) Reports or Statements of Experts. As to each State's witness the State's Attorney intends to call to testify as an expert witness other than at a preliminary hearing: (i) the expert's name and address, the subject matter on which the expert is expected to testify, the substance of the expert's findings and opinions, and a summary of the grounds for each opinion; (ii) the opportunity to inspect and copy all written reports or statements made in connection with the action by the expert, including the results of any physical or mental examination, scientific test, experiment, or comparison; and (iii) the substance of any oral report and conclusion by the expert; (E) Evidence for Use at Trial. The opportunity to inspect, copy, and photograph all documents, computer-generated evidence as defined in Rule 2-504.3(a), recordings, photographs, or other tangible things that the State's Attorney intends to use at a hearing or at trial; and (F) Property of the Defendant. The opportunity to inspect, copy, and photograph all items obtained from or belonging to the defendant, whether or not the State's Attorney intends to use the item at a hearing or at trial. (e) Disclosure by Defense. On written request of the State's Attorney, the defense shall provide to the State's Attorney: (1) Reports or statements of experts. As to each defense witness the defense intends to call to testify as an expert witness: (A) the expert's name and address, the subject matter on which the expert is expected to testify, 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; (B) the opportunity to inspect and copy all written reports or statements made in connection with the action by the expert, including the results of any physical or mental examination, scientific test, experiment, or comparison; and (C) the substance of any oral report and conclusion by the expert; and

(2) Documents, Computer-generated Evidence, and Other Things. The opportunity to inspect, copy, and photograph any documents, computer-generated evidence as defined in Rule 2-504.3(a), recordings, photographs, or other tangible things that the defense intends to use at a hearing or at trial. (f) Person of the defendant. (1) On Request. On written request of the State's Attorney that includes reasonable notice of the time and place, the defendant shall appear for the purpose of: (A) providing fingerprints, photographs, handwriting exemplars, or voice exemplars; (B) appearing, moving, or speaking for identification in alineup; or (C) trying on clothing or other articles. (2) On Motion. On motion filed by the State's Attorney, with reasonable notice to the defense, the court, for good cause shown, shall order the defendant to appear and (A) permit the taking of buccal samples, samples of other materials of the body, or specimens of blood, urine, saliva, breath, hair, nails, or material under the nails or (B) submit to a reasonable physical or mental examination. (g) Matters not discoverable. (1) By any Party. Notwithstanding any other provision of this Rule, neither the State's Attorney nor the defense is required to disclose (A) the mental impressions, trial strategy, personal beliefs, or other privileged attorney work product or (B) any other material or information if the court finds that its disclosure is not constitutionally required and would entail a substantial risk of harm to any person that outweighs the interest in disclosure. (2) By the Defense. The State's Attorney is not required to disclose the identity of a confidential informant unless the State's Attorney intends to call the informant as a State's witness or unless the failure to disclose the informant's identity would infringe a constitutional right of the defendant. (h) Continuing duty to disclose. Each party is under a continuing obligation to produce discoverable material and information to the other side. A party who has responded to a request or order for discovery and who obtains further material information shall supplement the response promptly. (i) Procedure. To the extent practicable, the discovery and inspection required or permitted by this Rule shall be completed before the hearing or trial. If a request was made before the date of the hearing or trial and the request was refused or denied, or pretrial compliance was impracticable, the court may grant a delay or continuance in the hearing or trial to permit the inspection or discovery. (j) Requests, motions, and responses to be filed with the court. Requests for discovery, motions for

discovery, and any responses to the requests or motions shall be filed with the court. (k) Discovery material not to be filed with the court. Except as otherwise provided in these Rules or by order of court, discovery material shall not be filed with the court. This section does not preclude the use of discovery material at trial or as an exhibit to support or oppose a motion. (l) Retention; inspection of original. The party generating discovery material shall retain the original until the expiration of any sentence imposed on the defendant and, on request, shall make the original available for inspection and copying by the other party. (m) Protective orders. On motion of a party or a person from whom discovery is sought, the court, for good cause shown, may order that specified disclosures be denied or restricted in any manner that justice requires. (n) Failure to comply with discovery obligation. The failure of a party to comply with a discovery obligation in this Rule does not automatically disqualify a witness from testifying. If a motion is filed to disqualify the witness's testimony, disqualification is within the discretion of the court. HISTORY: (Added April 8, 2008, effective July 1, 2008; amended March 9, 2010, effective July 1, 2010.)

MARYLAND RULES TITLE 4. CRIMINAL CAUSES CHAPTER 200. PRETRIAL PROCEDURES Md. Rule 4-263 (2012) Rule 4-263. Discovery in circuit court (a) Applicability. This Rule governs discovery and inspection in a circuit court. (b) Definitions. In this Rule, the following definitions apply: (1) Defense. "Defense" means an attorney for the defendant or a defendant who is acting without an attorney. (2) Defense Witness. "Defense witness" means a witness whom the defense intends to call at a hearing or at trial. (3) Oral Statement. "Oral statement" of a person means the substance of a statement of any kind by that person, whether or not reflected in an existing writing or recording. (4) Provide. Unless otherwise agreed by the parties or required by Rule or order of court, "provide" information or material means (A) to send or deliver it by mail, e-mail, facsimile

transmission, or hand-delivery, or (B) to make the information or material available at a specified location for purposes of inspection if sending or delivering it would be impracticable because of the nature of the information or material. (5) State's witness. "State's witness" means a witness whom the State's Attorney intends to call at a hearing or at trial. Cross references. -- For the definition of "State's Attorney," see Rule 4-102(k). (6) Written Statement. "Written statement" of a person: (A) includes a statement in writing that is made, signed, or adopted by that person; (B) includes the substance of a statement of any kind made by that person that is embodied or summarized in a writing or recording, whether or not signed or adopted by the person; (C) includes a statement contained in a police or investigative report; but (D) does not include attorney work product. (c) Obligations of the parties. (1) Due diligence. The State's Attorney and defense shall exercise due diligence to identify all of the material and information that must be disclosed under this Rule. (2) Scope of obligations. The obligations of the State's Attorney and the defense extend to material and information that must be disclosed under this Rule and that are in the possession or control of the attorney, members of the attorney's staff, or any other person who either reports regularly to the attorney's office or has reported to the attorney's office in regard to the particular case. Cross references. -- For the obligations of the State's Attorney, see State v. Williams, 392 Md. 194 (2006). (d) Disclosure by the State's Attorney. Without the necessity of a request, the State's Attorney shall provide to the defense: (1) Statements. All written and all oral statements of the defendant and of any co-defendant that relate to the offense charged and all material and information, including documents and recordings, that relate to the acquisition of such statements; (2) Criminal record. Prior criminal convictions, pending charges, and probationary status of the defendant and of any co-defendant; (3) State's witnesses. The name and, except as provided under Code, Criminal Procedure Article, 11-205 or Rule 16-1009 (b), the address of each State's witness whom the State's Attorney intends to call to prove the State's case in chief or to rebut alibi testimony, together with all written

statements of the person that relate to the offense charged; (4) Prior conduct. All evidence of other crimes, wrongs, or acts committed by the defendant that the State's Attorney intends to offer at a hearing or at trial pursuant to Rule 5-404 (b); (5) Exculpatory information. All material or information in any form, whether or not admissible, that tends to exculpate the defendant or negate or mitigate the defendant's guilt or punishment as to the offense charged; (6) Impeachment information. All material or information in any form, whether or not admissible, that tends to impeach a State's witness, including: (A) evidence of prior conduct to show the character of the witness for untruthfulness pursuant to Rule 5-608 (b); (B) a relationship between the State's Attorney and the witness, including the nature and circumstances of any agreement, understanding, or representation that may constitute an inducement for the cooperation or testimony of the witness; (C) prior criminal convictions, pending charges, or probationary status that may be used to impeach the witness, but the State's Attorney is not required to investigate the criminal record of the witness unless the State's Attorney knows or has reason to believe that the witness has a criminal record; (D) an oral statement of the witness, not otherwise memorialized, that is materially inconsistent with another statement made by the witness or with a statement made by another witness; (E) a medical or psychiatric condition or addiction of the witness that may impair the witness's ability to testify truthfully or accurately, but the State's Attorney is not required to inquire into a witness's medical, psychiatric, or addiction history or status unless the State's Attorney has information that reasonably would lead to a belief that an inquiry would result in discovering a condition that may impair the witness's ability to testify truthfully or accurately; (F) the fact that the witness has taken but did not pass a polygraph examination; and (G) the failure of the witness to identify the defendant or a co-defendant; Cross references. -- See Brady v. Maryland, 373 U.S. 83 (1963); Kyles v. Whitley, 514 U.S. 419 (1995); Giglio v. U.S., 405 U.S. 150 (1972); U.S. v. Agurs, 427 U.S. 97 (1976); Thomas v. State, 372 Md. 342 (2002); Goldsmith v. State, 337 Md. 112 (1995); and Lyba v. State, 321 Md. 564 (1991). (7) Searches, seizures, surveillance, and pretrial identification. All relevant material or information regarding: (A) specific searches and seizures, eavesdropping, and electronic surveillance including wiretaps;

and (B) pretrial identification of the defendant by a State's witness; (8) Reports or statements of experts. As to each expert consulted by the State's Attorney in connection with the action: (A) the expert's name and address, the subject matter of the consultation, the substance of the expert's findings and opinions, and a summary of the grounds for each opinion; (B) the opportunity to inspect and copy all written reports or statements made in connection with the action by the expert, including the results of any physical or mental examination, scientific test, experiment, or comparison; and (C) the substance of any oral report and conclusion by the expert; (9) Evidence for use at trial. The opportunity to inspect, copy, and photograph all documents, computer-generated evidence as defined in Rule 2-504.3 (a), recordings, photographs, or other tangible things that the State's Attorney intends to use at a hearing or at trial; (10) Property of the defendant. The opportunity to inspect, copy, and photograph all items obtained from or belonging to the defendant, whether or not the State's Attorney intends to use the item at a hearing or at trial; and (11) Evidentiary Statement and Identification of Materials in Capital Cases. If the defendant is charged with a first degree murder that is eligible for a sentence of death and the State filed a notice of intention to seek a death sentence pursuant to Code, Criminal Law Article, 2-202 (a), (A) a statement of whether the material disclosed constitutes biological evidence or DNA evidence that links the defendant to the act of murder, a videotaped, voluntary interrogation and confession of the defendant to the murder, or a video recording that conclusively links the defendant to the murder, and, (B) if so, identification of the material that constitutes such evidence. (e) Disclosure by defense. Without the necessity of a request, the defense shall provide to the State's Attorney: (1) Defense witness. The name and, except when the witness declines permission, the address of each defense witness other than the defendant, together with all written statements of each such witness that relate to the subject matter of the testimony of that witness. Disclosure of the identity and statements of a person who will be called for the sole purpose of impeaching a State's witness is not required until after the State's witness has testified at trial. (2) Reports or statements of experts. to each defense witness the defense intends to call to testify as an expert witness: (A) the expert's name and address, the subject matter on which the expert is expected to testify, 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; (B) the opportunity to inspect and copy all written reports or statements made in connection with the action by the expert, including the results of any physical or mental examination, scientific test, experiment, or comparison; and (C) the substance of any oral report and conclusion by the expert; (3) Character witnesses. As to each defense witness the defense intends to call to testify as to the defendant's veracity or other relevant character trait, the name and, except when the witness declines permission, the address of that witness; (4) Alibi witnesses If the State's Attorney has designated the time, place, and date of the alleged offense, the name and, except when the witness declines permission, the address of each person other than the defendant whom the defense intends to call as a witness to show that the defendant was not present at the time, place, or date designated by the State's Attorney; (5) Insanity defense. Notice of any intention to rely on a defense of not criminally responsible by reason of insanity, and the name and, except when the witness declines permission, the address of each defense witness other than the defendant in support of that defense; and Committee note. -- The address of an expert witness must be provided. See subsection (e)(2)(A) of this Rule. (6) Documents, computer-generated evidence, and other things. The opportunity to inspect, copy, and photograph any documents, computer-generated evidence as defined in Rule 2-504.3 (a), recordings, photographs, or other tangible things that the defense intends to use at a hearing or at trial. (f) Person of the defendant. (1) On request.On request of the State's Attorney that includes reasonable notice of the time and place, the defendant shall appear for the purpose of: (A) providing fingerprints, photographs, handwriting exemplars, or voice exemplars; (B) appearing, moving, or speaking for identification in a lineup; or (C) trying on clothing or other articles. (2) On Motion. On motion filed by the State's Attorney, with reasonable notice to the defense, the court, for good cause shown, shall order the defendant to appear and (A) permit the taking of buccal samples, samples of other materials of the body, or specimens of blood, urine, saliva, breath, hair, nails, or material under the nails or (B) submit to a reasonable physical or mental examination.

(g) Matters not discoverable. (1) Notwithstanding any other provision of this Rule, neither the State's Attorney nor the defense is required to disclose (A) the mental impressions, trial strategy, personal beliefs, or other privileged attorney work product or (B) any other material or information if the court finds that its disclosure is not constitutionally required and would entail a substantial risk of harm to any person that outweighs the interest in disclosure. (2) By the sefense. The State's Attorney is not required to disclose the identity of a confidential informant unless the State's Attorney intends to call the informant as a State's witness or unless the failure to disclose the informant's identity would infringe a constitutional right of the defendant. (h) Time for discovery. Unless the court orders otherwise: (1) the State's Attorney shall make disclosure pursuant to section (d) of this Rule within 30 days after the earlier of the appearance of counsel or the first appearance of the defendant before the court pursuant to Rule 4-213, and (2) the defense shall make disclosure pursuant to section (e) of this Rule no later than 30 days before the first scheduled trial date. (i) Motion to compel discovery. (1) Time. A motion to compel discovery based on the failure to provide discovery within the time required by section (h) of this Rule shall be filed within ten days after the date the discovery was due. A motion to compel based on inadequate discovery shall be filed within ten days after the date the discovery was received. (2) Content. A motion shall specifically describe the information or material that has not been provided. (3) Response. A response may be filed within five days after service of the motion. (4) Certificate. The court need not consider any motion to compel discovery unless the moving party has filed a certificate describing good faith attempts to discuss with the opposing party the resolution of the dispute and certifying that they are unable to reach agreement on the disputed issues. The certificate shall include the date, time, and circumstances of each discussion or attempted discussion. (j) Continuing duty to disclose. Each party is under a continuing obligation to produce discoverable material and information to the other side. A party who has responded to a request or order for discovery and who obtains further material information shall supplement the response promptly. (k) Manner of providing discovery.

(1) By agreement. Discovery may be accomplished in any manner mutually agreeable to the parties. The parties shall file with the court a statement of their agreement. (2) If no agreement. In the absence of an agreement, the party generating the discovery material shall (A) serve on the other party copies of all written discovery material, together with a list of discovery materials in other forms and a statement of the time and place when these materials may be inspected, copied, and photographed, and (B) promptly file with the court a notice that (i) reasonably identifies the information provided and (ii) states the date and manner of service. On request, the party generating the discovery material shall make the original available for inspection and copying by the other party. (3) Requests, motions, and responses to be filed with the court. Requests for discovery, motions for discovery, motions to compel discovery, and any responses to the requests or motions shall be filed with the court. (4) Discovery material not to be filed with the court. Except as otherwise provided in these Rules or by order of court, discovery material shall not be filed with the court. This section does not preclude the use of discovery material at trial or as an exhibit to support or oppose a motion. (l) Retention. The party generating discovery material shall retain the original until the earlier of the expiration of (i) any sentence imposed on the defendant or (ii) the retention period that the material would have been retained under the applicable records retention and disposal schedule had the material been filed with the court. (m) Protective orders. (1) Generally. On motion of a party or a person from whom discovery is sought, the court, for good cause shown, may order that specified disclosures be denied or restricted in any manner that justice requires. (2) In Camera Proceedings. On request of a party or a person from whom discovery is sought, the court may permit any showing of cause for denial or restriction of disclosures to be made in camera. A record shall be made of both in court and in camera proceedings. Upon the entry of an order granting relief in an in camera proceeding, all confidential portions of the in camera portion of the proceeding shall be sealed, preserved in the records of the court, and made available to the appellate court in the event of an appeal. (n) Sanctions. If at any time during the proceedings the court finds that a party has failed to comply with this Rule or an order issued pursuant to this Rule, the court may order that party to permit the discovery of the matters not previously disclosed, strike the testimony to which the undisclosed matter relates, grant a reasonable continuance, prohibit the party from introducing in evidence the matter not disclosed, grant a mistrial, or enter any other order appropriate under the circumstances. The failure of a party to comply with a discovery obligation in this Rule does not automatically disqualify a witness from testifying. If a motion is filed to disqualify the witness's testimony, disqualification is within the discretion of the court.

HISTORY: (Added April 8, 2008, effective July 1, 2008; amended March 9, 2010, effective July 1, 2010; June 7, 2011, effective July 1, 2011.) MARYLAND RULES TITLE 4. CRIMINAL CAUSES CHAPTER 200. PRETRIAL PROCEDURES Md. Rule 4-264 (2012) Rule 4-264. Subpoena for tangible evidence before trial in circuit court On motion of a party, the circuit court may order the issuance of a subpoena commanding a person to produce for inspection and copying at a specified time and place before trial designated documents, recordings, photographs, or other tangible things, not privileged, which may constitute or contain evidence relevant to the action. Any response to the motion shall be filed within five days. HISTORY: (Amended Dec. 4, 2007, effective Jan. 1, 2008.) MARYLAND RULES TITLE 4. CRIMINAL CAUSES CHAPTER 200. PRETRIAL PROCEDURES Md. Rule 4-264 (2012) Rule 4-264. Subpoena for tangible evidence before trial in circuit court On motion of a party, the circuit court may order the issuance of a subpoena commanding a person to produce for inspection and copying at a specified time and place before trial designated documents, recordings, photographs, or other tangible things, not privileged, which may constitute or contain evidence relevant to the action. Any response to the motion shall be filed within five days. HISTORY: (Amended Dec. 4, 2007, effective Jan. 1, 2008.) MARYLAND RULES TITLE 4. CRIMINAL CAUSES CHAPTER 200. PRETRIAL PROCEDURES Md. Rule 4-265 (2012) Rule 4-265. Subpoena for hearing or trial (a) Definitions. (1) Trial. For purposes of this Rule, "trial" includes hearing.

(2) Trial Subpoena. For purposes of this Rule, "trial subpoena" includes hearing subpoena. (b) Preparation by clerk. On request of a party, the clerk shall prepare and issue a subpoena commanding a witness to appear to testify at trial. The request for subpoena shall state the name, address, and county of the witness to be served, the date and hour when the attendance of the witness is required, and which party has requested the subpoena. If the request is for a subpoena duces tecum, the request also shall designate the relevant documents, recordings, photographs, or other tangible things, not privileged, that are to be produced by the witness. (c) Preparation by party or officer of the court. On request of a party entitled to the issuance of a subpoena, the clerk shall provide a blank form of subpoena which shall be filled in and returned to the clerk to be signed and sealed before service. On request of an attorney or other officer of the court entitled to the issuance of a subpoena, the clerk shall issue a subpoena signed and sealed but otherwise in blank, which shall be filled in before service. (d) Issuance of subpoena duces tecum. A subpoena duces tecum shall include a designation of the documents, recordings, photographs, or other tangible things, not privileged, that are to be produced by the witness. (e) Filing and service. Unless the court waives the time requirements of this section, a request for subpoena shall be filed at least nine days before trial in the circuit court, or seven days before trial in the District Court, not including the date of trial and intervening Saturdays, Sundays, and holidays. At least five days before trial, not including the date of the trial and intervening Saturdays, Sundays, or holidays, the clerk shall deliver the subpoena for service pursuant to Rule 4-266 (b). Unless impracticable, there must be a good faith effort to cause a trial subpoena to be served at least five days before the trial. HISTORY: (Amended June 7, 1994, effective Oct. 1, 1994; Dec. 10, 1996, effective Jan. 1, 1997; Jan. 20, 1999, effective July 1, 1999; Dec. 4, 2007, effective Jan. 1, 2008.)

MARYLAND RULES TITLE 4. CRIMINAL CAUSES CHAPTER 200. PRETRIAL PROCEDURES Md. Rule 4-266 (2012) Rule 4-266. Subpoenas -- Generally (a) Form. Every subpoena shall contain: (1) the caption of the action, (2) the name and address of the person to whom it is directed, (3) the name of the person at whose request it is issued, (4) the date, time, and place where attendance is required, and (5) a description of any documents, recordings, photographs, or other tangible things to be produced.

(b) Service. A subpoena shall be served by delivering a copy to the person named or to an agent authorized by appointment or by law to receive service for the person named or as permitted by Rule 2-121 (a)(3). A subpoena may be served by a sheriff of any county or by a person who is not a party and who is not less than 18 years of age. A subpoena issued by the District Court may be served by first class mail, postage prepaid, if the administrative judge of the district so directs. Cross references. -- See Code, Courts Article, 6-410, concerning service upon certain persons other than the custodian of public records named in the subpoena if the custodian is not known and cannot be ascertained after a reasonable effort. (c) Protective order. Upon motion of a party or of the witness named in the subpoena filed promptly and, whenever practicable, at or before the time specified in the subpoena for compliance, the court may, for good cause shown, enter an order which justice requires to protect the party or witness from annoyance, embarrassment, oppression, or undue burden or expense, including one of the following: (1) That the subpoena be quashed; (2) That the subpoena be complied with only at some designated time or place other than that stated in the subpoena, or before a judge, or before some other designated officer; (3) That certain matters not be inquired into or that the scope of examination or inspection be limited to certain matters; (4) That the examination or inspection be held with no one present except parties to the action and their counsel; (5) That the transcript of any examination or matters produced or copies, after being sealed, not be opened or the contents be made public only by order of court; or (6) That a trade secret or other confidential research development or commercial information not be disclosed or be disclosed only in a designated way. (d) Attachment. A witness personally served with a subpoena under this Rule is liable to a body attachment and fine for failure to obey the subpoena without sufficient excuse. The writ of attachment may be executed by the sheriff or peace officer of any county and shall be returned to the court issuing it. The witness attached shall be taken immediately before the court if then in session. If the court is not in session, the witness shall be taken before a judicial officer of the District Court for a determination of appropriate conditions of release to ensure the witness' appearance at the next session of the court that issued the attachment. HISTORY: (Amended Apr. 9, 2002, effective July 1, 2002; Oct. 31, 2002, effective Jan. 1, 2003.)

MARYLAND RULES TITLE 4. CRIMINAL CAUSES CHAPTER 200. PRETRIAL PROCEDURES Md. Rule 4-267 (2012) Rule 4-267. Body attachment of material witness (a) Without order of court. When a peace officer takes a person into custody as a material witness without an order of court for attachment, the person shall be taken promptly before a judicial officer in the county in which the action is pending or where the witness is taken into custody. If the judicial officer determines, after a hearing, that (1) the testimony of the witness is material in a criminal proceeding, and (2) it may become impracticable to secure the witness' attendance by subpoena, the judicial officer shall set a reasonable bond to ensure the attendance of the witness at the hearing or trial when required. A witness who is unable to post the prescribed bond shall be committed to jail. After seven days a detained witness shall be released unless, prior thereto, the court, after hearing, orders further detention pursuant to an application filed in accordance with this Rule. (b) By order of court. Upon application filed by a party in accordance with this Rule, the court may order the issuance of a body attachment of a witness and require the witness to post a bond in an amount fixed by the court to ensure attendance if the court is satisfied that (1) the testimony of the witness is material in a criminal proceeding, and (2) it may become impracticable to secure the witness' attendance by subpoena. The sheriff or peace officer shall execute a body attachment by taking the witness into custody and forthwith before a judicial officer in the county where the action is pending or where the witness is taken into custody to post bond. A witness who is unable to post the prescribed bond shall be committed to jail. Within three days after the witness is taken into custody, the court shall hold a hearing with respect to any matter contained in the application or to the conditions of release imposed on the witness. (c) Deposition of witness in custody. The court may order that the testimony of a material witness who is in custody be taken by deposition and may release the witness after its completion. (d) Condition of bond. The condition of a bond posted pursuant to this Rule shall be that the witness personally appear as required to give evidence in any court (1) in which charges are pending against a named defendant in a particular criminal action, or (2) in which a charging document may be filed based on the same acts or transactions, or (3) to which the action may be transferred or removed; and that the bond shall continue in effect until discharged by the court having jurisdiction of the action. (e) Content of application. An application for continued detention under section (a) of this Rule or for a body attachment under section (b) of this Rule shall be verified and shall contain the following: (1) The name and present address of the witness;

(2) The designation of the action for which the testimony of the witness is required; (3) A summary of the information or testimony of which the moving party believes the witness has knowledge; (4) The materiality of the expected testimony of the witness; (5) The reason for requiring a bond or incarceration to ensure the attendance of the witness. MARYLAND RULES TITLE 4. CRIMINAL CAUSES CHAPTER 200. PRETRIAL PROCEDURES Md. Rule 4-271 (2012) Rule 4-271. Trial date (a) Trial date in circuit court. (1) The date for trial in the circuit court shall be set within 30 days after the earlier of the appearance of counsel or the first appearance of the defendant before the circuit court pursuant to Rule 4-213, and shall be not later than 180 days after the earlier of those events. When a case has been transferred from the District Court because of a demand for jury trial, and an appearance of counsel entered in the District Court was automatically entered in the circuit court pursuant to Rule 4-214 (a), the date of the appearance of counsel for purposes of this Rule is the date the case was docketed in the circuit court. On motion of a party, or on the court's initiative, and for good cause shown, the county administrative judge or that judge's designee may grant a change of a circuit court trial date. If a circuit court trial date is changed, any subsequent changes of the trial date may be made only by the county administrative judge or that judge's designee for good cause shown. (2) Upon a finding by the Chief Judge of the Court of Appeals that the number of demands for jury trial filed in the District Court for a county is having a critical impact on the efficient operation of the circuit court for that county, the Chief Judge, by Administrative Order, may exempt from this section cases transferred to that circuit court from the District Court because of a demand for jury trial. (b) Change of trial date in District Court. The date for trial in the District Court may be changed on motion of a party, or on the court's initiative, and for good cause shown. HISTORY: (Amended Apr. 7, 1986, effective July 1, 1986; June 3, 1988, effective July 1, 1988; Mar. 23, 1989, effective July 1, 1989; Jan. 8, 2002, effective Feb. 1, 2002.)

MARYLAND RULES

TITLE 4. CRIMINAL CAUSES CHAPTER 200. PRETRIAL PROCEDURES Md. Rule 4-281 (2012) Rule 4-281. Motion relating to death penalty notice (a) Motion. Upon completion of discovery, a defendant may move to preclude the State from filing a notice of intention to seek a sentence of death pursuant to Code, Criminal Law Article, 2301 or to strike a notice already filed on the ground that the State has failed to produce in discovery evidence of an aggravating circumstance listed in Code, Criminal Law Article, 2-303 (g), or one of the following: (1) biological evidence or DNA evidence that links the defendant to the act of murder; (2) a video taped voluntary interrogation and confession of the defendant to the murder; or (3) a video recording that conclusively links the defendant to the murder. (b) Order. After an opportunity for a hearing, the court shall promptly rule on the motion and enter an order. (c) Appeal by State. An order granting the motion may be appealed by the State under the collateral order doctrine. Any appeal shall be to the Court of Appeals and shall be filed within 30 days after entry of the order. Trial and all other proceedings in the case that may be affected by the appeal shall be stayed until the appeal is finally concluded. An order denying the motion is not immediately appealable under the collateral order doctrine. HISTORY: (Added June 7, 2011, effective July 1, 2011.)

MARYLAND RULES TITLE 4. CRIMINAL CAUSES CHAPTER 300. TRIAL AND SENTENCING Md. Rule 4-301 (2012) Rule 4-301. Beginning of trial in District Court (a) Initial procedures. Immediately before beginning a trial in District Court, the court shall (1) make certain the defendant has been furnished a copy of the charging document; (2) inform the defendant of each offense charged; (3) inform the defendant, when applicable, of the right to trial by jury; (4) comply with Rule 4-215, if necessary; and (5) thereafter, call upon the defendant to plead to each charge.

(b) Demand for jury trial. (1) Form and time of demand. A demand in the District Court for a jury trial shall be made either (A) in writing and, unless otherwise ordered by the court or agreed by the parties, filed no later than 15 days before the scheduled trial date, or (B) in open court on the trial date by the defendant and the defendant's counsel, if any. (2) Procedure following demand. Upon a demand by the defendant for jury trial that deprives the District Court of jurisdiction pursuant to law, the clerk may serve a circuit court summons on the defendant requiring an appearance in the circuit court at a specified date and time. The clerk shall promptly transmit the case file to the clerk of the circuit court, who shall then file the charging document and, if the defendant was not served a circuit court summons by the clerk of the District Court, notify the defendant to appear before the circuit court. The circuit court shall proceed in accordance with Rule 4-213 (c) as if the appearance were by reason of execution of a warrant. Thereafter, except for the requirements of Code, Criminal Procedure Article, 6-103 and Rule 4271 (a), or unless the circuit court orders otherwise, pretrial procedures shall be governed by the rules in this Title applicable in the District Court. (c) Discovery. Discovery in an action transferred to a circuit court upon a jury trial demand made in accordance with subsection (b)(1)(A) of this Rule is governed by Rule 4-263. In all other actions transferred to a circuit court upon a jury trial demand, discovery is governed by Rule 4-262. HISTORY: (Amended Mar. 23, 1989, effective July 1, 1989; Apr. 12, 1999, effective July 1, 1999; Jan. 8, 2002, effective Feb. 1, 2002; amended Apr. 8, 2008, effective July 1, 2008.)

MARYLAND RULES TITLE 4. CRIMINAL CAUSES CHAPTER 300. TRIAL AND SENTENCING Md. Rule 4-311 (2012) Rule 4-311. Trial by jury (a) Right preserved. The right of trial by jury as guaranteed by the Maryland Constitution and the Maryland Declaration of Rights or as provided by law shall be preserved to the parties in circuit court inviolate. (b) Number of jurors. A jury shall consist of 12 persons unless the parties stipulate at any time in writing or on the record that the jury shall consist of any number less than 12. (c) Separation of jury. The court, either before or after submission of the case to the jury, may permit the jurors to separate or require that they be sequestered.

MARYLAND RULES TITLE 4. CRIMINAL CAUSES CHAPTER 300. TRIAL AND SENTENCING Md. Rule 4-312 (2012) Rule 4-312. Jury selection [Subject to amendment effective September 1, 2011] (a) Jury size and challenge to the array. (1) Size. Before a trial begins, the trial judge shall decide (A) the required number of sworn jurors, including any alternates and (B) the size of the array of qualified jurors needed. Cross references. -- See Code, Courts Article, 8-420 (b) and Code, Criminal Law Article, 2303 (d). (2) Insufficient array. If the array is insufficient for jury selection, the trial judge may direct that additional qualified jurors be summoned at random from the qualified juror pool as provided by statute. (3) Challenge to the array. A party may challenge the array on the ground that its members were not selected or summoned according to law, or on any other ground that would disqualify the array as a whole. A challenge to the array shall be made and determined before any individual member of the array is examined, except that the trial judge for good cause may permit the challenge to be made after the jury is sworn but before any evidence is received. (b) General requirements. All individuals to be impanelled on the jury, including any alternates, shall be selected in the same manner, have the same qualifications, and be subject to the same examination. (c) Jury list. (1) Contents. Before the examination of qualified jurors, each party shall be provided with a list that includes each juror's name, address, age, sex, education, occupation, spouse's occupation, and any other information required by Rule. Unless the trial judge orders otherwise, the address shall be limited to the city or town and zip code and shall not include the street address or box number. (2) Dissemination. (A) Allowed. A party may provide the jury list to any person employed by the party to assist in jury selection. With permission of the trial judge, the list may be disseminated to other individuals such as the courtroom clerk or court reporter for use in carrying out official duties. (B) Prohibited. Unless the trial judge orders otherwise, a party and any other person to whom the

jury list is provided in accordance with subsection (c) (2) (A) of this Rule may not disseminate the list or the information contained on the list to any other person. (3) Not part of the case record; exception. Unless the court orders otherwise, copies of jury lists shall be returned to the jury commissioner. Unless marked for identification and offered in evidence pursuant to Rule 4-322, a jury list is not part of the case record. Cross references. -- See Rule 16-1009 concerning motions to seal or limit inspection of a case record. (d) Examination and challenges for cause. (1) Examination. The trial judge may permit the parties to conduct an examination of qualified jurors or may conduct the examination after considering questions proposed by the parties. If the judge conducts the examination, the judge may permit the parties to supplement the examination by further inquiry or may submit to the jurors additional questions proposed by the parties. The jurors' responses to any examination shall be under oath. On request of any party, the judge shall direct the clerk to call the roll of the array and to request each qualified juror to stand and be identified when called. (2) Challenges for cause. A party may challenge an individual qualified juror for cause. A challenge for cause shall be made and determined before the jury is sworn, or thereafter for good cause shown. (e) Peremptory challenges. Before the exercise of peremptory challenges, the trial judge shall designate those individuals on the jury list who remain qualified after examination. The number designated shall be sufficient to provide the required number of sworn jurors, including any alternates, after allowing for the exercise of peremptory challenges pursuant to Rule 4-313. The judge shall at the same time prescribe the order to be followed in selecting individuals from the list. (f) Impanelled jury. (1) Impanelling. The individuals to be impanelled as sworn jurors, including any alternates, shall be called from the qualified jurors remaining on the jury list in the order previously designated by the trial judge and shall be sworn. (2) Oath; functions, powers, facilities, and privileges. All sworn jurors, including any alternates, shall take the same oath and, until discharged from jury service, have the same functions, powers, facilities, and privileges. (3) Discharge of jury member. At any time before the jury retires to consider its verdict, the trial judge may replace any jury member whom the trial judge finds to be unable or disqualified to perform jury service with an alternate in the order of selection set under section (e). When the jury retires to consider its verdict, the trial judge shall discharge any remaining alternates who did not replace another jury member.

(g) Foreperson. The trial judge shall designate a sworn juror as foreperson. HISTORY: (Amended Apr. 7, 1986, effective July 1, 1986; Dec. 10, 1996, effective July 1, 1997; Oct. 31, 2002, effective Jan. 1, 2003; Dec. 4, 2007, effective Jan. 1, 2008.)

MARYLAND RULES TITLE 4. CRIMINAL CAUSES CHAPTER 300. TRIAL AND SENTENCING Md. Rule 4-312 (2012) Rule 4-312. Jury selection [Amendment effective September 1, 2011] (a) Jury size and challenge to the array. (1) Size. Before a trial begins, the trial judge shall decide (A) the required number of sworn jurors, including any alternates and (B) the size of the array of qualified jurors needed. Cross references. -- See Code, Courts Article, 8-420 (b) and Code, Criminal Law Article, 2303 (d). (2) Insufficient array. If the array is insufficient for jury selection, the trial judge may direct that additional qualified jurors be summoned at random from the qualified juror pool as provided by statute. (3) Challenge to the array. A party may challenge the array on the ground that its members were not selected or summoned according to law, or on any other ground that would disqualify the array as a whole. A challenge to the array shall be made and determined before any individual member of the array is examined, except that the trial judge for good cause may permit the challenge to be made after the jury is sworn but before any evidence is received. (b) General requirements. (1) Uniform Method of Impaneling. All individuals to be impaneled on the jury, including any alternates, shall be selected in the same manner, have the same qualifications, and be subject to the same examination. (2) Jurors Not to be Addressed by Name. In any proceeding conducted in the courtroom or in chambers, a juror shall be referred to by juror number and not by name. Committee note. -- The judge should advise prospective jurors and remind impaneled jurors that (1) it is standard procedure for jurors to be referred to in open court only by juror number and not by name, and (2) they may disclose their names to each other if they wish and, when not in open

court, refer to each other by name, but they may not specifically disclose the names of other jurors to anyone else unless authorized by the judge. (c) Jury list. (1) Contents. Subject to section (d) of this Rule, before the examination of qualified jurors, each party shall be provided with a list that includes each juror's name, city or town of residence, zip code, age, gender, education, occupation, and spouse's occupation. Unless the trial judge orders otherwise, the juror's street address or box number shall not be provided. (2) Dissemination. (A) Allowed. A party may provide the jury list to any person employed by the party to assist in jury selection. With permission of the trial judge, the list may be disseminated to other individuals such as the courtroom clerk or court reporter for use in carrying out official duties. (B) Prohibited. Unless the trial judge orders otherwise, a party and any other person to whom the jury list is provided in accordance with subsection (c) (2) (A) of this Rule may not disseminate the list or the information contained on the list to any other person. (3) Not part of the case record; exception. Unless the court orders otherwise, copies of jury lists shall be returned to the jury commissioner. Unless marked for identification and offered in evidence pursuant to Rule 4-322, a jury list is not part of the case record. Cross references. -- See Rule 16-1004 (b)(2)(B) concerning disclosure of juror information by a custodian of court records. (d) Nondisclosure of Names and City or Town of Residence. (1) Finding by the Court. If the court finds from clear and convincing evidence or information, after affording the parties an opportunity to be heard, that disclosure of the names or the city or town of residence of prospective jurors will create a substantial danger that (i) the safety and security of one or more jurors will likely be imperiled, or (ii) one or more jurors will likely be subjected to coercion, inducement, other improper influence, or undue harassment, the court may enter an order as provided in subsection (d)(2) of this Rule. A finding under this section shall be in writing or on the record and shall state the basis for the finding. (2) Order. Upon the finding required by subsection (d)(1) of this Rule, the court may order that: (A) the name and, except for prospective jurors residing in Baltimore City, the city or town of residence of prospective jurors not be disclosed in voir dire; and (B) the name and, except for jurors residing in Baltimore City, the city or town of residence of impaneled jurors not be disclosed (i) until the jury is discharged following completion of the trial, (ii) for a limited period of time following completion of the trial, or (iii) at any time.

Committee note. -- Nondisclosure of the city or town in which a juror resides is in recognition of the fact that some counties have incorporated cities or towns, the disclosure of which, when coupled with other information on the jury list, may easily lead to discovery of the juror's actual residence. The exception for Baltimore City is to take account of the fact that Baltimore City is both an incorporated city and the equivalent of a county, and because persons are not eligible to serve as jurors in the Circuit Court for Baltimore City unless they reside in that city, their residence there is necessarily assumed. Cross references. -- See Rule 16-1004 (b)(2)(B). (3) Extent of Nondisclosure. An order entered under this section may direct that the information not be disclosed to (A) anyone other than the judge and counsel; (B) anyone other than the judge, counsel, and the defendant; or (C) anyone other than the judge, counsel, the defendant, and other persons specified in the order. If the court permits disclosure to counsel but not the defendant, the court shall direct counsel not to disclose the information to the defendant, except pursuant to further order of the court. (4) Modification of Order. The court may modify the order to restrict or allow disclosure of juror information at any time. Committee note. -- Restrictions on the disclosure of the names and city or town of residence of jurors should be reserved for those cases raising special and legitimate concerns of jury safety, tampering, or undue harassment. See United States v. Deitz, 577 F.3rd 672 (6th Cir. 2009); United States v. Quinones, 511 F.3d 289 (2nd Cir. 2007). When dealing with the issues of juror security or tampering, courts have considered a mix of five factors in deciding whether such information may be shielded: (1) the defendant's involvement in organized crime, (2) the defendant's participation in a group with the capacity to harm jurors, (3) the defendant's past attempts to interfere with the judicial process, (4) the potential that, if convicted, the defendant will suffer a lengthy incarceration, and (5) extensive publicity that could enhance the possibility that jurors' names would become public and expose them to intimidation or harassment. See United States v. OchoaVasquez, 428 F.3rd 1015 (11th Cir. 2005); United States v. Ross, 33 F.3rd 1507 (11th Cir. 1994). Although the possibility of a lengthy incarceration is a factor for the court to consider the court should not shield that information on that basis alone. In particularly high profile cases where strong public opinion about a pending case is evident,the prospect of undue harassment, not necessarily involving juror security or any deliberate attempt at tampering, may also be of concern. (e) Examination and challenges for cause. (1) Examination. The trial judge may permit the parties to conduct an examination of qualified jurors or may conduct the examination after considering questions proposed by the parties. If the judge conducts the examination, the judge may permit the parties to supplement the examination by further inquiry or may submit to the jurors additional questions proposed by the parties. The jurors' responses to any examination shall be under oath. On request of any party, the judge shall direct the clerk to call the roll of the array and to request each qualified juror to stand and be identified when called.

(2) Challenges for cause. A party may challenge an individual qualified juror for cause. A challenge for cause shall be made and determined before the jury is sworn, or thereafter for good cause shown. (f) Peremptory challenges. Before the exercise of peremptory challenges, the trial judge shall designate those individuals on the jury list who remain qualified after examination. The number designated shall be sufficient to provide the required number of sworn jurors, including any alternates, after allowing for the exercise of peremptory challenges pursuant to Rule 4-313. The judge shall at the same time prescribe the order to be followed in selecting individuals from the list. (g) Impaneled jury. (1) Impaneling. The individuals to be impaneled as sworn jurors, including any alternates, shall be called from the qualified jurors remaining on the jury list in the order previously designated by the trial judge and shall be sworn. (2) Oath; functions, powers, facilities, and privileges. All sworn jurors, including any alternates, shall take the same oath and, until discharged from jury service, have the same functions, powers, facilities, and privileges. (3) Discharge of jury member. At any time before the jury retires to consider its verdict, the trial judge may replace any jury member whom the trial judge finds to be unable or disqualified to perform jury service with an alternate in the order of selection set under section (e). When the jury retires to consider its verdict, the trial judge shall discharge any remaining alternates who did not replace another jury member. (h) Foreperson. The trial judge shall designate a sworn juror as foreperson. HISTORY: (Amended April 7, 1986, effective July 1, 1986; December 10, 1996, effective July 1, 1997; October 31, 2002, effective January 1, 2003; December 4, 2007, effective January 1, 2008; June 7, 2011, effective September 1, 2011.) MARYLAND RULES TITLE 4. CRIMINAL CAUSES CHAPTER 300. TRIAL AND SENTENCING Md. Rule 4-313 (2012) Rule 4-313. Peremptory challenges (a) Number. (1) Generally. Except as otherwise provided by this section, each party is permitted four peremptory challenges.

(2) Cases involving death or life imprisonment. Each defendant who is subject on any single count to a sentence of death or life imprisonment, except when charged with a common law offense for which no specific penalty is provided by statute, is permitted 20 peremptory challenges and the State is permitted ten peremptory challenges for each defendant. (3) Cases involving imprisonment for 20 years or more, but less than life. Each defendant who is subject on any single count to a sentence of imprisonment for 20 years or more, but less than life, except when charged with a common law offense for which no specific penalty is provided by statute, is permitted ten peremptory challenges and the State is permitted five peremptory challenges for each defendant. (4) Alternate jurors. For each alternate juror to be selected, the State is permitted one additional peremptory challenge for each defendant and each defendant is permitted two additional peremptory challenges. The additional peremptory challenges may be used only against alternate jurors, and other peremptory challenges allowed by this section may not be used against alternate jurors. (b) Exercise of challenges. (1) By alternating challenges. On request of any party for alternating challenges, the clerk shall call each qualified juror individually in the order previously designated by the court. When the first qualified juror is called, the State shall indicate first whether that qualified juror is challenged or accepted. When the second qualified juror is called, the defendant shall indicate first whether that qualified juror is challenged or accepted. When the third qualified juror is called, the State shall again indicate first whether that qualified juror is challenged or accepted, and the selection of a jury shall continue with challenges being exercised alternately in this fashion until the jury has been selected. (2) By simultaneous striking from a list. If no request is made for alternating challenges, each party shall exercise its challenges simultaneously by striking names from a copy of the jury list. (3) Remaining challenges. After the required number of qualified jurors has been called, a party may exercise any remaining peremptory challenges to which the party is entitled at any time before the jury is sworn, except that no challenge to the first 12 qualified jurors shall be permitted after the first alternate juror is called. HISTORY: (Amended June 25, 1986, effective July 1, 1986; Nov. 1, 1991, effective Jan. 1, 1992; Nov. 12, 2003, effective Jan. 1, 2004; Dec. 4, 2007, effective Jan. 1, 2008.) MARYLAND RULES TITLE 4. CRIMINAL CAUSES CHAPTER 300. TRIAL AND SENTENCING Md. Rule 4-314 (2012) Rule 4-314. Defense of not criminally responsible

(a) Bifurcation of trial. (1) Who may request. If a defendant has entered pleas of both not guilty and not criminally responsible by reason of insanity and has elected a jury trial, the defendant or the State may move for a bifurcated trial in which the issue of criminal responsibility will be heard and determined separately from the issue of guilt. (2) Time for filing motion. A motion for a bifurcated trial shall be filed no later than 15 days before trial, unless otherwise ordered by the court. (3) Granting of motion. (A) The court shall grant a motion made by the defendant unless it finds and states on the record a compelling reason to deny the motion. (B) The court may grant a motion made by the State if it finds and states on the record (i) a compelling reason to bifurcate the trial and (ii) that the defendant will not be substantially prejudiced by the bifurcation. Cross references. -- See Treece v. State, 313 Md. 665 (1988). For victim notification procedures, see Code, Criminal Procedure Article, 3-123 and 11-104. (4) If a plea of guilty is entered. If the defendant has entered pleas of both guilty and not criminally responsible by reason of insanity and the court has accepted the guilty plea, there shall be a trial on the issue of criminal responsibility unless the State stipulates to a finding that the defendant is not criminally responsible. Notwithstanding any other provisions of law, the defendant may appeal from the judgment, but only on the issue of criminal responsibility. Cross references. -- Code, Courts Article, 12-302 (e). Committee note. -- This Rule is not intended to affect a defendant's right to seek review of a judgment entered pursuant to a guilty plea by application for leave to appeal. (b) Procedure for bifurcated trial. (1) Generally. For purposes of this Rule, a bifurcated trial is a single continuous trial in two stages. (2) Sequence. The issue of guilt shall be tried first. The issue of criminal responsibility shall be tried as soon as practicable after the jury returns a verdict of guilty on any charge. The trial shall not be recessed except for good cause shown. (3) Examination of jurors. The court shall inform qualified jurors before examining them pursuant to Rule 4-312 (e) that the issues of guilt or innocence and whether, if guilty, the defendant is criminally responsible will be tried in two stages. The examination of qualified jurors shall encompass all issues raised.

(4) Appointment of alternate jurors. The court shall appoint at least two alternate jurors, who shall be retained throughout the trial. (5) Trial of issue of criminal responsibility. (A) Except as otherwise provided in paragraph (B) or (C) of this subsection, the issue of criminal responsibility shall be tried before the same jury that tried the issue of guilt. Any juror who dies, becomes incapacitated or disqualified, or is otherwise discharged before the jury begins to deliberate in the criminal responsibility stage shall be replaced by an alternate juror in the order of selection. (B) The defendant may move to have the issue of criminal responsibility tried without a jury by the judge who presided over the first stage of the trial. The court shall grant a motion made by the defendant unless it finds and states on the record a compelling reason to deny the motion. (C) If an appellate court affirms the judgment of guilt but remands for a new trial on the issue of criminal responsibility, that issue shall be re-tried by a jury impaneled for the purpose or by the court pursuant to paragraph (B) of this subsection. (6) Order of proof. (A) Evidence of mental disorder or mental retardation as defined in Code, Health General Article, 12-108 shall not be admissible in the guilt stage of the trial for the purpose of establishing the defense of lack of criminal responsibility. This evidence shall be admissible for that purpose only in the second stage following a verdict of guilty. (B) In the criminal responsibility stage of the trial, the order of proof and argument shall reflect that the defendant has the burden of establishing the lack of criminal responsibility. The defendant and the State may rely upon evidence admitted during the first stage and may recall witnesses. (7) Motion by State. The State may move for judgment on the issue of criminal responsibility at the close of the evidence offered by the defendant. In ruling on the motion, the court shall consider all evidence and inferences in the light most favorable to the defendant. The court may grant the motion if it finds no legally sufficient evidence from which a rational trier of fact could find that the defendant was not criminally responsible. (c) Closing argument absent bifurcation. If the trial is not bifurcated, the order of closing argument shall be as follows: (1) The State may argue issues relating both to guilt and criminal responsibility; (2) The defendant may argue issues relating both to guilt and criminal responsibility; (3) The State may rebut the argument made by the defendant; and

(4) If the State makes a rebuttal argument on the issue of criminal responsibility, the defendant may make a surrebuttal argument limited to that issue. HISTORY: (Added June 28, 1989, effective July 1, 1989; Dec. 4, 2007, effective Jan. 1, 2008; amended Sept. 10, 2009, effective Oct. 1, 2009; June 7, 2011, effective July 1, 2011.) MARYLAND RULES TITLE 4. CRIMINAL CAUSES CHAPTER 300. TRIAL AND SENTENCING Md. Rule 4-321 (2012) Rule 4-321. Exclusion of witnesses Rescinded, effective July 1, 1994. MARYLAND RULES TITLE 4. CRIMINAL CAUSES CHAPTER 300. TRIAL AND SENTENCING Md. Rule 4-322 (2012) Rule 4-322. Exhibits, computer-generated evidence, and recordings (a) Generally. All exhibits marked for identification, whether or not offered in evidence and, if offered, whether or not admitted, shall form part of the record and, unless the court orders otherwise, shall remain in the custody of the clerk. With leave of court, a party may substitute a photograph or copy for any exhibit. Cross references. -- Rule 16-306. (b) Preservation of computer-generated evidence. A party who offers or uses computer-generated evidence at any proceeding shall preserve the computer-generated evidence, furnish it to the clerk in a manner suitable for transmittal as a part of the record on appeal, and present the computergenerated evidence to an appellate court if the court so requests. Cross references. -- For the definition of "computer-generated evidence, " see Rule 2-504.3. Committee note. -- This section requires the proponent of computer-generated evidence to reduce the computer-generated evidence to a medium that allows review on appeal. The medium used will depend upon the nature of the computer-generated evidence and the technology available for preservation of that computer-generated evidence. No special arrangements are needed for preservation of computer-generated evidence that is presented on paper or through spoken words. Ordinarily, the use of technology that is in common use by the general public at the time of the hearing or trial will suffice for preservation of other computer generated evidence. However, when the computer-generated evidence involves the creation of a three-dimensional image or is

perceived through a sense other than sight or hearing, the proponent of the computer-generated evidence must make other arrangements for preservation of the computer-generated evidence and any subsequent presentation of it that may be required by an appellate court. (c) Audio, audiovisual, or visual recordings. (1) Recording. A party who offers or uses an audio, audiovisual, or visual recording at a hearing or trial shall: (A) ensure that the recording is marked for identification and made part of the record and that an additional copy is provided to the court, so that it is available for future transcription; (B) if only a portion of the recording is offered or used, ensure that a description that identifies the portion offered or used is made part of the record; and (C) if the recording is not on a medium in common use by the general public, preserve it, furnish it to the clerk in a manner suitable for transmittal as part of the record on appeal, and upon request present it to an appellate court in a format designated by the court. (2) Transcript of recording. A party who offers or uses a transcript of the recording at a hearing or trial shall ensure that the transcript is made part of the record and provide an additional copy to the court. HISTORY: (Added June 3, 1988, effective July 1, 1988; amended June 5, 1996, effective Jan. 1, 1997; Feb. 10, 1998, effective July 1, 1998; amended Sept. 10, 2009, effective Oct. 1, 2009.) MARYLAND RULES TITLE 4. CRIMINAL CAUSES CHAPTER 300. TRIAL AND SENTENCING Md. Rule 4-323 (2012) Rule 4-323. Method of making objections (a) Objections to evidence. An objection to the admission of evidence shall be made at the time the evidence is offered or as soon thereafter as the grounds for objection become apparent. Otherwise, the objection is waived. The grounds for the objection need not be stated unless the court, at the request of a party or on its own initiative, so directs. The court shall rule upon the objection promptly. When the relevancy of evidence depends upon the fulfillment of a condition of fact, the court may admit the evidence subject to the introduction of additional evidence sufficient to support a finding of the fulfillment of the condition. The objection is waived unless, at some time before final argument in a jury trial or before the entry of judgment in a court trial, the objecting party moves to strike the evidence on the ground that the condition was not fulfilled. Committee note. -- With respect to objections to the admissibility of evidence made and denied on pretrial motion, see Jones v. State, 9 Md. App. 455, 265 A.2d 271 (1970).

(b) Continuing objections to evidence. At the request of a party or on its own initiative, the court may grant a continuing objection to a line of questions by an opposing party. For purposes of review by the trial court or on appeal, the continuing objection is effective only as to questions clearly within its scope. (c) Objections to other rulings or orders. For purposes of review by the trial court or on appeal of any other ruling or order, it is sufficient that a party, at the time the ruling or order is made or sought, makes known to the court the action that the party desires the court to take or the objection to the action of the court. The grounds for the objection need not be stated unless these rules expressly provide otherwise or the court so directs. If a party has no opportunity to object to a ruling or order at the time it is made, the absence of an objection at that time does not constitute a waiver of the objection. (d) Formal exceptions unnecessary. A formal exception to a ruling or order of the court is not necessary. HISTORY: (Amended June 3, 1988, effective July 1, 1988.) MARYLAND RULES TITLE 4. CRIMINAL CAUSES CHAPTER 300. TRIAL AND SENTENCING Md. Rule 4-324 (2012) Rule 4-324. Motion for judgment of acquittal. (a) Generally. A defendant may move for judgment of acquittal on one or more counts, or on one or more degrees of an offense which by law is divided into degrees, at the close of the evidence offered by the State and, in a jury trial, at the close of all the evidence. The defendant shall state with particularity all reasons why the motion should be granted. No objection to the motion for judgment of acquittal shall be necessary. A defendant does not waive the right to make the motion by introducing evidence during the presentation of the State's case. (b) Action by the court. If the court grants a motion for judgment of acquittal or determines on its own motion that a judgment of acquittal should be granted, it shall enter the judgment or direct the clerk to enter the judgment and to note that it has been entered by direction of the court. The court shall specify each count or degree of an offense to which the judgment of acquittal applies. Cross references. -- Article 23 of the Maryland Declaration of Rights and Code, Criminal Procedure Article, 6-104. (c) Effect of denial. A defendant who moves for judgment of acquittal at the close of evidence offered by the State may offer evidence in the event the motion is not granted, without having reserved the right to do so and to the same extent as if the motion had not been made. In so doing, the defendant withdraws the motion.

HISTORY: (Amended Jan. 8, 2002, effective Feb. 1, 2002.) MARYLAND RULES TITLE 4. CRIMINAL CAUSES CHAPTER 300. TRIAL AND SENTENCING Md. Rule 4-325 (2012) Rule 4-325. Instructions to the jury (a) When given. The court shall give instructions to the jury at the conclusion of all the evidence and before closing arguments and may supplement them at a later time when appropriate. In its discretion the court may also give opening and interim instructions. (b) Written requests. The parties may file written requests for instructions at or before the close of the evidence and shall do so at any time fixed by the court. (c) How given. The court may, and at the request of any party shall, instruct the jury as to the applicable law and the extent to which the instructions are binding. The court may give its instructions orally or, with the consent of the parties, in writing instead of orally. The court need not grant a requested instruction if the matter is fairly covered by instructions actually given. (d) Reference to evidence. In instructing the jury, the court may refer to or summarize the evidence in order to present clearly the issues to be decided. In that event, the court shall instruct the jury that it is the sole judge of the facts, the weight of the evidence, and the credibility of the witnesses. (e) Objection. No party may assign as error the giving or the failure to give an instruction unless the party objects on the record promptly after the court instructs the jury, stating distinctly the matter to which the party objects and the grounds of the objection. Upon request of any party, the court shall receive objections out of the hearing of the jury. An appellate court, on its own initiative or on the suggestion of a party, may however take cognizance of any plain error in the instructions, material to the rights of the defendant, despite a failure to object. (f) Argument. Nothing in this Rule precludes any party from arguing that the law applicable to the case is different from the law described in the instructions of the court stated not to be binding.

MARYLAND RULES TITLE 4. CRIMINAL CAUSES CHAPTER 300. TRIAL AND SENTENCING Md. Rule 4-326 (2012) Rule 4-326. Jury -- Review of evidence -- Communications

(a) Jurors' notes. The court may, and on request of any party shall, provide paper notepads for use by sworn jurors, including any alternates, during trial and deliberations. The court shall maintain control over the jurors' notes during the trial and promptly destroy the notes after the trial. Notes may not be reviewed or relied upon for any purpose by any person other than the author. If a sworn juror is unable to use a notepad because of a disability, the court shall provide a reasonable accommodation. (b) Items taken to jury room. Sworn jurors may take their notes with them when they retire for deliberation. Unless the court for good cause orders otherwise, the jury may also take the charging document and exhibits that have been admitted in evidence, except that a deposition may not be taken into the jury room without the agreement of all parties and the consent of the court. Electronically recorded instructions or oral instructions reduced to writing may be taken into the jury room only with the permission of the court. On request of a party or on the court's own initiative, the charging documents shall reflect only those charges on which the jury is to deliberate. The court may impose safeguards for the preservation of the exhibits and the safety of the jury. Cross references. -- See Rule 5-802.1 (e). (c) Jury request to review evidence. The court, after notice to the parties, may make available to the jury testimony or other evidence requested by it. In order that undue prominence not be given to the evidence requested, the court may also make available additional evidence relating to the same factual issue. (d) Communications with jury. The court shall notify the defendant and the State's Attorney of the receipt of any communication from the jury pertaining to the action as promptly as practicable and in any event before responding to the communication. All such communications between the court and the jury shall be on the record in open court or shall be in writing and filed in the action. The clerk or the court shall note on a written communication the date and time it was received from the jury. HISTORY: (Amended Dec. 15, 1993, effective July 1, 1994; Nov. 12, 2003, effective Jan. 1, 2004; April 5, 2005, effective July 1, 2005; Dec. 4, 2007, effective Jan. 1, 2008.)

MARYLAND RULES TITLE 4. CRIMINAL CAUSES CHAPTER 300. TRIAL AND SENTENCING Md. Rule 4-327 (2012) Rule 4-327. Verdict -- Jury (a) Return. The verdict of a jury shall be unanimous and shall be returned in open court.

(b) Sealed verdict. With the consent of all parties, the court may authorize the rendition of a sealed verdict during a temporary adjournment of court. A sealed verdict shall be in writing and shall be signed by each member of the jury. It shall be sealed in an envelope by the foreperson of the jury who shall write on the outside of the envelope "Verdict Case No. ........" "State of Maryland vs. .................................................." and deliver the envelope to the clerk. The jury shall not be discharged, but the clerk shall permit the jury to separate until the court is again in session at which time the jury shall be called and the verdict opened and received as other verdicts. (c) Two or more defendants. When there are two or more defendants, the jury may return a verdict with respect to a defendant as to whom it has agreed, and any defendant as to whom the jury cannot agree may be tried again. (d) Two or more counts. When there are two or more counts, the jury may return a verdict with respect to a count as to which it has agreed, and any count as to which the jury cannot agree may be tried again. (e) Poll of jury. On request of a party or on the court's own initiative, the jury shall be polled after it has returned a verdict and before it is discharged. If the sworn jurors do not unanimously concur in the verdict, the court may direct the jury to retire for further deliberation, or may discharge the jury if satisfied that a unanimous verdict cannot be reached. HISTORY: (Amended Apr. 7, 1986, effective July 1, 1986; June 5, 1996, effective Jan. 1, 1997; Dec. 10, 1996, effective July 1, 1997; Dec. 2, 2004, effective July 1, 2005; Dec. 4, 2007, effective Jan. 1, 2008; June 7, 2011, effective July 1, 2011.) MARYLAND RULES TITLE 4. CRIMINAL CAUSES CHAPTER 300. TRIAL AND SENTENCING Md. Rule 4-328 (2012) Rule 4-328. Verdict -- Court The District Court or a circuit court sitting without a jury shall render a verdict upon the facts and the law. Although not required, the court may state the grounds for its decision either in open court or by written memorandum. MARYLAND RULES TITLE 4. CRIMINAL CAUSES CHAPTER 300. TRIAL AND SENTENCING Md. Rule 4-329 (2012)

Rule 4-329. Advice of Expungement. When all of the charges in a criminal case against a defendant are disposed of by acquittal, dismissal, probation before judgment, nolle prosequi, or stet, the court shall advise the defendant that the defendant may be entitled to expunge the records relating to the charge or charges against the defendant in accordance with Code, Criminal Procedure Article, Title 10, Subtitle 1 and Title 4, Chapter 500 of these Rules. If the defendant is not present, and the case has been disposed of by dismissal, nolle prosequi, or stet, the advice of expungement shall be included in the notice to the defendant required by Rules 4-247 and 4-248. HISTORY: (Added April 5, 2005, effective July 1, 2005.) MARYLAND RULES TITLE 4. CRIMINAL CAUSES CHAPTER 300. TRIAL AND SENTENCING Md. Rule 4-331 (2012) Rule 4-331. Motions for new trial; revisory power (a) Within ten days of verdict. On motion of the defendant filed within ten days after a verdict, the court, in the interest of justice, may order a new trial. Cross references. -- For the effect of a motion under this section on the time for appeal see Rules 7104 (b) and 8-202 (b). (b) Revisory power. The court has revisory power and control over the judgment to set aside an unjust or improper verdict and grant a new trial: (1) in the District Court, on motion filed within 90 days after its imposition of sentence if an appeal has not been perfected; (2) in the circuit courts, on motion filed within 90 days after its imposition of sentence. Thereafter, the court has revisory power and control over the judgment in case of fraud, mistake, or irregularity. (c) Newly discovered evidence. The court may grant a new trial or other appropriate relief on the ground of newly discovered evidence which could not have been discovered by due diligence in time to move for a new trial pursuant to section (a) of this Rule: (1) on motion filed within one year after the date the court imposed sentence or the date it received a mandate issued by the Court of Appeals or the Court of Special Appeals, whichever is later; (2) on motion filed at any time if a sentence of death was imposed and the newly discovered

evidence, if proved, would show that the defendant is innocent of the capital crime of which the defendant was convicted or of an aggravating circumstance or other condition of eligibility for the death penalty actually found by the court or jury in imposing the death sentence; (3) on motion filed at any time if the motion is based on DNA identification testing not subject to the procedures of Code, Criminal Procedure Article, 8-201 or other generally accepted scientific techniques the results of which, if proved, would show that the defendant is innocent of the crime of which the defendant was convicted. Committee note. -- Newly discovered evidence of mitigating circumstances does not entitle a defendant to claim actual innocence. See Sawyer v. Whitley, 112 S. Ct. 2514 (1992). (d) DNA evidence. If the defendant seeks a new trial or other appropriate relief under Code, Criminal Procedure Article, 8-201, the defendant shall proceed in accordance with Rules 4-701 through 4-711. On motion by the State, the court may suspend proceedings on a motion for new trial or other relief under this Rule until the defendant has exhausted the remedies provided by Rules 4-701 through 4-711. Cross references. -- For retroactive applicability of Code, Criminal Procedure Article, 8-201, see Thompson v. State, 411 Md. 664 (2009). (e) Form of motion. A motion filed under this Rule shall (1) be in writing, (2) state in detail the grounds upon which it is based, (3) if filed under section (c) of this Rule, describe the newly discovered evidence, and (4) contain or be accompanied by a request for hearing if a hearing is sought. (f) Disposition. The court may hold a hearing on any motion filed under this Rule. Subject to section (d) of this Rule, the court shall hold a hearing on a motion filed under section (c) if a hearing was requested and the court finds that: (1) if the motion was filed pursuant to subsection (c) (1) of this Rule, it was timely filed, (2) the motion satisfies the requirements of section (e) of this Rule, and (3) the movant has established a prima facie basis for granting a new trial. The court may revise a judgment or set aside a verdict prior to entry of a judgment only on the record in open court. The court shall state its reasons for setting aside a judgment or verdict and granting a new trial. Cross references. -- Code, Criminal Procedure Article, 6-105, 6-106, 11-104, and 11-503. HISTORY: (Amended June 3, 1988, effective July 1, 1988; Dec. 10, 1996, effective July 1, 1997; Apr. 8, 1997, effective July 1, 1997; Oct. 5, 1999; Nov. 1, 2001, effective Jan. 1, 2002; Jan. 8, 2002, effective Feb. 1, 2002; amended Sept. 10, 2009, effective Oct. 1, 2009; amended March 9, 2010, effective July 1, 2010.)

MARYLAND RULES TITLE 4. CRIMINAL CAUSES

CHAPTER 300. TRIAL AND SENTENCING Md. Rule 4-332 (2012) Rule 4-332. Writ of actual innocence (a) Scope. This Rule applies to an action seeking a writ of actual innocence as provided by Code, Criminal Procedure Article, 8- 301. (b) Filing; caption. An action for a writ of actual innocence is commenced by the filing of a petition in the court where the conviction took place. The caption of the petition shall state the number of the criminal case to which the petition relates. If practicable, the petition shall be filed in the criminal action. (c) Timing. A petition under this Rule may be filed at any time. (d) Content of petition. The petition shall be in writing, shall be signed by the petitioner or the petitioner's attorney, and shall state: (1) the court in which the indictment or criminal information was filed and the file number of that case; (2) if the case was removed to another court for trial, the identity of that court; (3) each offense of which the petitioner was convicted, the date of the judgment of conviction, and the sentence imposed; (4) if the judgment was appealed, the case number in the appellate court, a concise description of the issues raised in the appeal, the result, and the date of the appellate court's mandate; (5) for each motion or petition for post-judgment relief, the court in which the motion or petition was filed, the case number assigned to each proceeding, a concise description of the issues raised, the result, and the date of disposition; (6) that the request for relief is based on newly discovered evidence which, with due diligence, could not have been discovered in time to move for a new trial pursuant to Rule 4-331; (7) a description of the newly discovered evidence, how and when it was discovered, why it could not have been discovered earlier, and, if the issue of whether the evidence could have been discovered in time to move for a new trial pursuant to Rule 4-331 was raised or decided in any earlier appeal or postjudgment proceeding, the identity of the appeal or proceeding and the decision on that issue; (8) that the newly discovered evidence creates a substantial or significant possibility, as that standard has been judicially determined, that the result may have been different, and the basis for that statement;

(9) that the conviction sought to be vacated is based on an offense that the petitioner did not commit; (10) if the petitioner is not already represented by counsel, whether the petitioner desires to have counsel appointed by the court and, if so, facts establishing indigency; (11) that a copy of the petition, together with all attachments, was mailed to the State's Attorney of the county in which the petition was filed; (12) the relief requested; and (13) whether a hearing is requested. (e) Notices. (1) To State's Attorney. The petitioner shall send a copy of the petition with all attachments to the State's Attorney of the county in which the petition was filed. (2) To victim or victim's representative. Upon receipt of the petition, the State's Attorney shall notify any victim or victim's representative of the filing of the petition, as provided by Code, Criminal Procedure Article, 11- 104 or 11-503. (3) To Public Defender. If the petitioner has requested an attorney and has alleged inability to employ one, the court shall send a copy of the petition and attachments to the Collateral Review Division of the Office of the Public Defender. (f) Response by State's Attorney. Within 90 days after receipt of the petition and attachments, the State's Attorney shall file a response, serve a copy on the petitioner, and, if indigency is alleged, send a copy to the Collateral Review Division of the Office of the Public Defender. (g) Response by Public Defender. Within 30 days after the State files its response, or, if no response is timely filed, the expiration of the time allowed for the State's response in section (f) of this Rule, the Office of the Public Defender shall (1) enter its appearance, (2) notify the court in writing that it declines to provide representation to the petitioner, or (3) request from the court an extension of the time for deciding whether to provide representation to the petitioner and state a specific reason for the request. (h) Amendments. Amendments to the petition shall be freely allowed in order to do substantial justice. If an amendment is made, the court shall allow the State a reasonable opportunity to respond to the amendment. (i) Dismissal of petition; appointment of counsel. (1) Dismissal of petition. Upon consideration of the petition and the State's response, the court may (A) dismiss the petition if it finds as a matter of law that the petition fails to comply substantially

with the requirements of section (d) of this Rule or otherwise fails to assert grounds on which relief may be granted or (B) grant leave to amend the petition to correct the deficiency. If the court finds a lack of proper venue, the court shall transfer the petition to the court with proper venue. (2) Appointment of counsel. If the court finds that a petitioner who has requested the appointment of counsel is indigent and the Office of the Public Defender has declined to provide representation, the court may appoint counsel after the State has filed its response unless (A) the court denies the petition as a matter of law or (B) counsel has already filed an appearance to represent the petitioner. (j) Hearing. (1) When required. Except as provided in subsection (i)(1) of this Rule, the court shall hold a hearing on the petition if the petition substantially complies with the requirements of section (d) of this Rule and a hearing was requested. (2) Right of victim or victim's representative to attend. A victim or victim's representative has the right to attend a hearing on the petition as provided under Code, Criminal Procedure Article, 11102. (k) Burden of proof. The petitioner has the burden of proof to establish a right to relief. (l) Ruling. (1) Actions of court. If the court finds that the petitioner is entitled to relief, it may set aside the verdict or judgment of conviction, grant a new trial, re-sentence the petitioner, or correct the sentence. (2) Reasons for ruling. The court shall state the reasons for its ruling on the record. HISTORY: (Added Sept. 8, 2011, effective Oct. 1, 2011.) MARYLAND RULES TITLE 4. CRIMINAL CAUSES CHAPTER 300. TRIAL AND SENTENCING Md. Rule 4-340 (2012) Rule 4-340. Procedures required after sentencing in drug crime cases (a) Applicability. This Rule applies to a defendant convicted of a drug crime, as defined in Code, Criminal Law Article, 5-810, committed on or after January 1, 1991. Title 5 of these rules does not apply to the determinations required to be made by the court under this Rule. (b) Definitions. As used in this Rule:

(1) "conviction" includes probation on stay of entry of judgment pursuant to Code, Criminal Procedure Article, 6-220; and (2) "license" means a State-issued license as defined in Code, Article 41, 1-501. (c) Preliminary determinations by court. Immediately after sentencing the defendant, the court shall determine from evidence in the case or from evidence or information supplied by the State's Attorney, the Division of Parole and Probation, or the defendant: (1) whether the defendant holds a license; and (2) if so, whether the defendant has been previously convicted of a drug crime committed on or after January 1, 1991. (d) Automatic reporting where prior conviction exists. If the defendant has a license and such a prior conviction, the court shall direct the clerk to certify and report the current conviction and licensing information required by Code, Criminal Law Article, 5-810 to the appropriate licensing authority. (e) Determination by court where no prior conviction exists. If the defendant holds a license but has no such prior conviction the court shall determine whether, prima facie, there is a relationship between the current conviction and the license, including: (1) the defendant's ability to perform the tasks authorized by the license; (2) whether the public will be protected if the defendant continues to perform the tasks authorized by the license; (3) whether the nature and circumstances of the drug crime warrant referral to the licensing authority; and (4) any other facts that the court deems relevant. (f) Reporting. If the court determines that there is a relationship between the conviction and a license, the court shall direct the clerk to certify and report the current conviction and the licensing information required by Code, Criminal Law Article, 5-810 to the appropriate licensing authority. If the court determines that there is no relationship between the conviction and a license, no report shall be issued to the licensing authority. HISTORY: (Added May 9, 1991, effective July 1, 1991; amended Dec. 15, 1993, effective July 1, 1994; Jan. 8, 2002, effective Feb. 1, 2002; Oct. 31, 2002, effective Jan. 1, 2003.) MARYLAND RULES TITLE 4. CRIMINAL CAUSES CHAPTER 300. TRIAL AND SENTENCING

Md. Rule 4-341 (2012) Rule 4-341. Sentencing -- Presentence investigation and report Before imposing a sentence, the court in accordance with Code, Correctional Services Article, 6-112 (c) and Code, Criminal Procedure Article, 11-727 shall, and in other cases may, order a presentence investigation and report. A copy of the report, including any recommendation to the court, shall be mailed or otherwise delivered to the defendant or counsel and to the State's Attorney in sufficient time before sentencing to afford a reasonable opportunity for the parties to investigate the information in the report. Except for any portion of a presentence report that is admitted into evidence, the presentence report, including any recommendation to the court, is not a public record and shall be kept confidential as provided in Code, Correctional Services Article, 6-112. HISTORY: (Amended July 27, 1987, effective Aug. 17, 1987; June 8, 1998, effective Oct. 1, 1998; May 9, 2000, effective July 1, 2000; Oct. 31, 2002, effective Jan. 1, 2003; Dec. 4, 2007, effective Jan. 1, 2008.) MARYLAND RULES TITLE 4. CRIMINAL CAUSES CHAPTER 300. TRIAL AND SENTENCING Md. Rule 4-342 (2012) Rule 4-342. Sentencing -- Procedure in non-capital cases (a) Applicability. This Rule applies to all cases except those governed by Rule 4-343. Cross references. -- For procedures pertaining to collection of DNA samples from an individual convicted of a felony or a violation of Code, Criminal Law Article, 6-205 or 6-206, see Code, Public Safety Article, 2-504. (b) Statutory sentencing procedure. When a defendant has been found guilty of murder in the first degree and the State has given timely notice of intention to seek a sentence of imprisonment for life without the possibility of parole, but has not given notice of intention to seek the death penalty, the court shall conduct a sentencing proceeding, separate from the proceeding at which the defendant's guilt was adjudicated, as soon as practicable after the trial to determine whether to impose a sentence of imprisonment for life or imprisonment for life without parole. Cross references. -- Code, Criminal Law Article, 2-201, 2-202 (b)(3), 2-203, and 2-304. (c) Judge. If the defendant's guilt is established after a trial has commenced, the judge who presided shall sentence the defendant. If a defendant enters a plea of guilty or nolo contendere before trial, any judge may sentence the defendant except that, the judge who directed entry of the plea shall sentence the defendant if that judge has received any matter, other than a statement of the mere facts of the offense, which would be relevant to determining the proper sentence. This section is subject to the provisions of Rule 4-361.

(d) Presentence disclosures by the State's Attorney. Sufficiently in advance of sentencing to afford the defendant a reasonable opportunity to investigate, the State's Attorney shall disclose to the defendant or counsel any information that the State expects to present to the court for consideration in sentencing. If the court finds that the information was not timely provided, the court shall postpone sentencing. (e) Notice and right of victim to address the court. (1) Notice and determination. Notice to a victim or a victim's representative of proceedings under this Rule is governed by Code, Criminal Procedure Article, 11-104 (e). The court shall determine whether the requirements of that section have been satisfied. (2) Right to address the court. The right of a victim or a victim's representative to address the court during a sentencing hearing under this Rule is governed by Code, Criminal Procedure Article, 11-403. Cross references. -- See Code, Criminal Procedure Article, 11-103 (b) and 11-403 (e) concerning the right of a victim or victim's representative to file an application for leave to appeal under certain circumstances. (f) Allocution and information in mitigation. Before imposing sentence, the court shall afford the defendant the opportunity, personally and through counsel, to make a statement and to present information in mitigation of punishment. (g) Reasons. The court ordinarily shall state on the record its reasons for the sentence imposed. Cross references. -- For factors related to drug and alcohol abuse treatment to be considered by the court in determining an appropriate sentence, see Code, Criminal Procedure Article, 6-231. For procedures to commit a defendant who has a drug or alcohol dependency to a treatment program in the Department of Health and Mental Hygiene as a condition of release after conviction, see Code, Health General Article, 8-507. (h) Credit for time spent in custody. Time spent in custody shall be credited against a sentence pursuant to Code, Criminal Procedure Article, 6-218. (i) Advice to the defendant. (1) At the time of imposing sentence, the court shall cause the defendant to be advised of: (A) any right of appeal, (B) any right of review of the sentence under the Review of Criminal Sentences Act, (C) any right to move for modification or reduction of the sentence, (D) any right to be represented by counsel, and (E) the time allowed for the exercise of these rights. (2) At the time of imposing a sentence of incarceration for a violent crime as defined in Code, Correctional Services Article, 7-101 and for which a defendant will be eligible for parole as provided in 7-301 (c) or (d) of the Correctional Services Article, the court shall state in open

court the minimum time the defendant must serve for the violent crime before becoming eligible for parole or for conditional release under mandatory supervision pursuant to Code, Correctional Services Article, 7-501. (3) The circuit court shall cause the defendant who was sentenced in circuit court to be advised that within ten days after filing an appeal, the defendant must order in writing a transcript from the court reporter. Cross references. -- Code, Criminal Procedure Article, 8-102 -- 8-109. Committee note. -- Code, Criminal Procedure Article, 6-217 provides that the court's statement of the minimum time the defendant must serve for the violent crime before becoming eligible for parole is for informational purposes only and may not be considered a part of the sentence, and the failure of a court to comply with this requirement does not affect the legality or efficacy of the sentence imposed. (j) Terms for release. On request of the defendant, the court shall determine the defendant's eligibility for release under Rule 4-349 and the terms for any release. (k) Restitution from a parent. If restitution from a parent of the defendant is sought pursuant to Code, Criminal Procedure Article, 11-604, the State shall serve the parent with notice of intention to seek restitution and file a copy of the notice with the court. The court may not enter a judgment of restitution against the parent unless the parent has been afforded a reasonable opportunity to be heard and to present evidence. The hearing on parental restitution may be part of the defendant's sentencing hearing. (l) Recordation of restitution. (1) Circuit court. Recordation of a judgment of restitution in the circuit court is governed by Code, Criminal Procedure Article, 11-608 and 11-609 and Rule 2-601. (2) District Court. Upon the entry of a judgment of restitution in the District Court, the Clerk of the Court shall send the written notice required under Code, Criminal Procedure Article, 11-610 (e). Recordation of a judgment of restitution in the District Court is governed by Code, Criminal Procedure Article, 11-610 and 11-612 and Rule 3-621. HISTORY: (Amended July 27, 1987, effective Aug. 17, 1987; June 28, 1988, effective July 1, 1988; Nov. 22, 1989, effective Jan. 1, 1990; Nov. 1, 1991, effective Jan. 1, 1992; June 8, 1998, effective Oct. 1, 1998; Oct. 5, 1999; Jan. 8, 2002, effective Feb. 1, 2002; Oct. 31, 2002, effective Jan. 1, 2003; Nov. 12, 2003, effective Jan. 1, 2004; April 5, 2005, effective July 1, 2005; amended Nov. 8, 2005, effective Jan. 1, 2006; May 8, 2007, effective July 1, 2007; June 16, 2009, effective June 17, 2009; amended Sept. 10, 2009, effective Oct. 1, 2009; amended March 9, 2010, effective July 1, 2010.)

MARYLAND RULES TITLE 4. CRIMINAL CAUSES CHAPTER 300. TRIAL AND SENTENCING Md. Rule 4-343 (2012) Rule 4-343. Sentencing -- Bifurcated procedure in capital cases (a) Applicability. This Rule applies when: (1) a sentence of death is sought under Code, Criminal Law Article, 2-303; and (2) the defendant has been found guilty of murder in the first degree, the State has given the notice required under Code, Criminal Law Article, 2-202 (a), and the defendant may be subject to a sentence of death. (b) Statutory sentencing procedure; bifurcation of proceeding. A sentencing proceeding, separate from the proceeding at which the defendant's guilt was adjudicated, shall be conducted as soon as practicable after the trial pursuant to the provisions of Code, Criminal Law Article, 2-303 and this Rule. Upon recording the verdicts returned by the jury or judge, the court shall bifurcate the sentencing proceeding into two phases. A Phase I Findings form required by section (h) of this Rule and, if necessary, a separate Phase II Findings and Sentencing Determination form required by section (i) of this Rule shall be completed with respect to each death for which the defendant is subject to a sentence of death. (c) Presentence disclosures by the State's Attorney. If not previously disclosed pursuant to Rule 4263, the State's Attorney shall disclose to the defendant or counsel, sufficiently in advance of Phase I of the sentencing proceeding to afford the defendant a reasonable opportunity to investigate, any information that the State expects to present to the court or jury for consideration in sentencing. Upon request by the defendant, the court may postpone the sentencing proceeding if the court finds that the defendant reasonably needs additional time to investigate the State's disclosure. (d) Reports of defendant's experts. Upon request by the State after the defendant has been found guilty of murder in the first degree, the defendant shall produce and permit the State to inspect and copy all written reports made in connection with the action by each expert the defendant expects to call as a witness at the sentencing proceeding, including the results of any physical or mental examination, scientific test, experiment, or comparison, and shall furnish to the State the substance of any such oral report or conclusion. The defendant shall provide this information to the State sufficiently in advance of Phase I of the sentencing proceeding to afford the State a reasonable opportunity to investigate the information. Upon request by the State, the court may postpone the sentencing proceeding if the court finds that the State reasonably needs additional time to investigate the defendant's disclosure. (e) Judge. Except as provided in Rule 4-361, the judge who presided at trial shall preside at both phases of the sentencing proceeding.

(f) Notice and right of victim's representative to address the court or jury. (1) Notice and determination. Notice to a victim's representative of proceedings under this Rule is governed by Code, Criminal Procedure Article, 11-104 (e). The court shall assure that the requirements of that section have been satisfied. (2) Right to address the court or jury. The right of a victim's representative to address the court or jury during a sentencing proceeding under this Rule is governed by Code, Criminal Procedure Article, 11-403 and 11-404. That right may be exercised only during Phase II of the sentencing proceeding. Committee note. -- Code, Criminal Procedure Article, 11-404 permits the court (1) to hold a hearing outside the presence of the jury to determine whether a victim's representative may present an oral statement to the jury and (2) to limit any unduly prejudicial portion of the proposed statement. See Payne v. Tennessee, 501 U.S. 808 (1991), generally permitting the family members of a victim to provide information concerning the individuality of the victim and the impact of the crime on the victim's survivors to the extent that the presentation does not offend the Due Process Clause of the Fourteenth Amendment, but leaving undisturbed a prohibition against information concerning the family member's characterization of and opinions about the crime, the defendant, and the appropriate sentence. Cross references. -- See Code, Criminal Procedure Article, 11-103 (b), 11-403 (e), and 11-404 (c) concerning the right of a victim's representative to file an application for leave to appeal under certain circumstances. (g) Allocution. Before sentence is determined, the court shall afford the defendant the opportunity, personally and through counsel, to make a statement, and shall afford the State the opportunity to respond. If the defendant elects to allocute during the sentencing proceeding, the statements and response shall be made during Phase II of that proceeding. Committee note. -- A defendant who elects to allocute may do so before or after the State's rebuttal closing argument. If allocution occurs after the State's rebuttal closing argument, the State may respond to the allocution. (h) Phase I of sentencing proceeding. (1) Issues, evidence, instruction, and argument. In Phase I of the Sentencing proceeding, only the issues contained on the "Phase I Findings" form set forth in subsection (h)(2) of this Rule shall be presented to the sentencing jury or judge for determination by special verdict. The Court shall limit additional evidence, instructions, and argument in the Phase I proceeding to the issues presented. (2) Findings. The findings of the jury or judge in the Phase I proceeding shall be made in the following form, except that the requirement of unanimity applies only if the issues are submitted to a jury:

(CAPTION) PHASE I FINDINGS VICTIM: [Name of murder victim] Based upon the evidence, we unanimously find that each of the following statements marked "proved" has been proved BEYOND A REASONABLE DOUBT and that each of those statements marked "not proved" has not been proved BEYOND A REASONABLE DOUBT. 1. At the time of the murder, the defendant was 18 years of age or older.

proved not proved

2. The State has produced biological evidence or DNA evidence that links the defendant to the act of murder.

proved not proved

3. The State has produced a videotaped, voluntary interrogation and confession of the defendant to the murder.

proved not proved

4. The State has produced a video recording that conclusively links the defendant to the murder.

proved not proved

5. The State has not relied solely on evidence provided by eyewitnesses.

proved not proved

6. The defendant was a principal in the first degree to the murder.

proved not proved

7. The defendant engaged or employed another person to commit the murder and the murder was committed under an agreement or contract for remuneration or the promise of remuneration.

proved not

proved

8. The victim was a law enforcement officer who, while in the performance of the officer's duties, was murdered by one or more persons, and the defendant was a principal in the second degree who: (A) willfully, deliberately, and with premeditation intended the death of the law enforcement officer; (B) was a major participant in the murder; and (C) was actually present at the time and place of the murder.

proved not proved

Foreperson Juror 2 Juror 3 Juror 4 Juror 5 Juror 6 or,

Juror 7 Juror 8 Juror 9 Juror 10 Juror 11 Juror 12 JUDGE

(3) Entry of findings. If the Phase I findings were made by a jury, the written findings shall be returned to the court and entered as special verdicts. If the findings were made by a judge, they shall be entered in the record. (i) Phase II of sentencing proceeding. (1) Findings and sentencing determinations. (A) In Phase II, subject to the deletions permitted or required by section (j) of this Rule, the sentencing jury or judge shall complete the Phase II Findings and Sentencing Determination form set forth in this section if on the Phase I Findings form: (i) the statement numbered 1, if submitted to the sentencing authority, was marked "proved;" (ii) at least one of the statements numbered 2, 3, or 4 was marked "proved;" (iii) the statement numbered 5 was marked "proved;" and (iv) at least one of the statements numbered 6, 7, or 8 was marked "proved." (B) In all other cases, if the judge is the sentencing authority, the judge shall enter a sentence of "Imprisonment for Life" and determine whether the imprisonment shall be without the possibility of parole. If the jury is the sentencing authority, the judge shall instruct the jury to enter a sentence of "Imprisonment for Life," and to complete only Sections V and VI of the Findings and Sentencing Determination form. (2) Form of written Phase II findings and determinations. Except as otherwise provided in section (j) of this Rule, the Phase II findings and determinations shall be made in writing in the following form: (CAPTION) PHASE II FINDINGS AND SENTENCING DETERMINATION VICTIM: [Name of murder victim]

Section I Based upon the evidence, we unanimously find that the following statement, if marked "proved," has been proved BY A PREPONDERANCE OF THE EVIDENCE or that, if marked "not proved," it has not been proved BY A PREPONDERANCE OF THE EVIDENCE. At the time the murder was committed, the defendant was mentally retarded.

proved not proved

(If the above statement is marked "proved," proceed to Section V and enter "Imprisonment for Life." If it is marked "not proved," complete Section II.) Section II (Aggravating Circumstances) Based upon the evidence, we unanimously find that each of the following aggravating circumstances that is marked "proved" has been proved BEYOND A REASONABLE DOUBT and we unanimously find that each of the aggravating circumstances marked "not proved" has not been proved BEYOND A REASONABLE DOUBT. 1. The victim was a law enforcement officer who, while in the performance of the officer's duties, was murdered by one or more persons.

proved not proved

2. The defendant committed the murder while confined in a correctional facility.

proved not proved

3. The defendant committed the murder in furtherance of an escape from or an attempt to escape from or evade the lawful custody, arrest, or detention of or by an officer or guard of a correctional facility or by a law enforcement officer.

proved not proved

4. The victim was taken or attempted to be taken in the course of a kidnapping or abduction or an attempt to kidnap or abduct.

proved not proved

5. The victim was a child abducted in violation of Code, Criminal Law Article, 3-503 (a)(1).

proved not proved

6. The defendant committed the murder under an agreement or contract for remuneration or the promise of remuneration to commit the murder.

proved not proved

7. The defendant engaged or employed another person to commit the murder and the murder was committed under an agreement or contract for remuneration or the promise of remuneration.

proved not proved

8. At the time of the murder, the defendant was under the sentence of death or imprisonment for life.

proved not proved

9. The defendant committed more than one offense of murder in the first degree arising out of the same incident.

proved not proved

10. The defendant committed the murder while committing or attempting to commit a carjacking, armed carjacking, robbery, under Code, Criminal Law Article, 3-402 or 3-403, arson in the first degree, rape in the first degree, or sexual offense in the first degree.

proved not proved

(If one or more of the above are marked "proved," complete Section III.) (If all of the above are marked "not proved," do not complete Sections III and IV but proceed to Section V, enter "Imprisonment for Life," and complete Section VI.) Section III (Mitigating Circumstances) From our consideration of the facts and circumstances of this case, we make the following determinations as to mitigating circumstances: 1. The defendant has not previously (i) been found guilty of a crime of violence; (ii) entered a plea of guilty or nolo contendere to a charge of a crime of violence; or (iii) been granted probation before judgment for a crime

of violence. (As used in the preceding paragraph, "crime of violence" means abduction, arson in the first degree, carjacking, armed carjacking, escape in the first degree, kidnapping, mayhem, murder, robbery under Code, Criminal Law Article, 3-402 or 3-403, rape in the first or second degree, sexual offense in the first or second degree, manslaughter other than involuntary manslaughter, an attempt to commit any of these offenses, or the use of a handgun in the commission of a felony or another crime of violence.) (Mark only one.) [] (a) We unanimously find that it is more likely than not that the above circumstance exists. [] (b) We unanimously find that it is more likely than not that the above circumstance does not exist. [] (c) After a reasonable period of deliberation, one or more of us, but fewer than all 12, find that it is more likely than not that the above circumstance exists.

2. The victim was a participant in the defendant's conduct or consented to the act which caused the victim's death. (Mark only one.) [] (a) We unanimously find that it is more likely than not that the above circumstance exists. [] (b) We unanimously find that it is more likely than not that the above circumstance does not exist. [] (c) After a reasonable period of deliberation, one or more of us, but fewer than all 12, find that it is more likely than not that the above circumstance exists.

3. The defendant acted under substantial duress, domination, or provocation

of another person, even though not so substantial as to constitute a complete defense to the prosecution. (Mark only one.) [] (a) We unanimously find that it is more likely than not that the above circumstance exists. [] (b) We unanimously find that it is more likely than not that the above circumstance does not exist. [] (c) After a reasonable period of deliberation, one or more of us, but fewer than all 12, that it is more likely than not that the above circumstance exists.

4. The murder was committed while the capacity of the defendant to appreciate the criminality of his or her conduct or to conform his or her conduct to the requirements of law was substantially impaired as a result of mental incapacity, mental disorder, or emotional disturbance. (Mark only one.) [] (a) We unanimously find that it is more likely than not that the above circumstance exists. [] (b) We unanimously find that it is more likely than not that the above circumstance does not exist. [] (c) After a reasonable period of deliberation, one or more of us, but fewer than all 12, find that it is more likely than not that the above circumstance exists.

5. The defendant was of a youthful age at the time of the murder. (Mark only one.) [] (a) We unanimously find that it is more likely than not that the above circumstance exists.

[] (b) We unanimously find that it is more likely than not that the above circumstance does not exist. [] (c) After a reasonable period of deliberation, one or more of us, but fewer than all 12, find that it is more likely than not that the above circumstance exists.

6. The act of the defendant was not the sole proximate cause of the victim's death. (Mark only one.) [] (a) We unanimously find that it is more likely than not that the above circumstance exists. [] (b) We unanimously find that it is more likely than not that the above circumstance does not exist. [] (c) After a reasonable period of deliberation, one or more of us, but fewer than all 12, find that it is more likely than not that the above circumstance exists.

7. It is unlikely that the defendant will engage in further criminal activity that would constitute a continuing threat to society. (Mark only one.) [] (a) We unanimously find that it is more likely than not that the above circumstance exists. [] (b) We unanimously find that it is more likely than not that the above circumstance does not exist. [] (c) After a reasonable period of deliberation, one or more of us, but fewer than all 12, find that it is more likely than not that the above circumstance exists.

8. (a) We unanimously find that it is more likely than not that the following additional mitigating circumstances exist:

(Use reverse side if necessary) (b) One or more of us, but fewer than all 12, find that it is more likely than not that the following additional mitigating circumstances exist:

(Use reverse side if necessary) (If the jury unanimously determines in Section III that no mitigating circumstances exist, do not complete Section IV. Proceed to Section V and enter "Death." If the jury or any juror determines that one or more mitigating circumstances exist, complete Section IV.) Section IV (Weighing of Aggravating and Mitigating Circumstances) Each individual juror has weighed the aggravating circumstances found unanimously to exist against any mitigating circumstances found unanimously to exist, as well as against any mitigating circumstance found by that individual juror to exist. We unanimously find that the State has proved BY A PREPONDERANCE OF THE EVIDENCE that the aggravating circumstances marked "proved" in Section II outweigh the mitigating circumstances in Section III.

yes no Section V (Determination of Sentence of Death or Imprisonment for Life) Enter the determination of sentence either "Imprisonment for Life" or "Death" according to the following instructions: 1. If, based upon the special verdicts entered in Phase I, the court finds or instructs the jury to enter "Imprisonment for Life," enter "Imprisonment for Life." 2. If the answer in Section I is marked "proved," enter "Imprisonment for Life." 3. If all of the answers in Section II are marked "not proved," enter "Imprisonment for Life." 4. If Section III was completed and the judge, if sitting as the sentencing body, or the jury unanimously determined that no mitigating circumstance exists, enter "Death." 5. If Section IV was completed and marked "no," enter "Imprisonment for Life." 6. If Section IV was completed and marked "yes," enter "Death." We unanimously determine the sentence to be Section VI (Parole Eligibility) If "Imprisonment for Life" is entered in Section V or if the judge has instructed you that the defendant's sentence is determined to be "Imprisonment for Life," answer the following question: Based upon the evidence, does the jury unanimously determine that the sentence of imprisonment for life previously entered shall be without the possibility of parole? .

yes no

Foreperson Juror 2 Juror 3 Juror 4 Juror 5 Juror 6 or,

Juror 7 Juror 8 Juror 9 Juror 10 Juror 11 Juror 12 JUDGE

(j) Deletions from Phase II form. Section I of the Phase II form set forth in section (i) of this Rule should not be submitted to the jury unless the issue of mental retardation is generated by the evidence. Unless the defendant requests otherwise, Section II of the Phase II form shall not include any aggravating circumstance that the State has not specified in the notice required under Code, Criminal Law Article, 2-202 (a) of its intention to seek a sentence of death. Committee note. -- Omission of some aggravating circumstances from the form is not intended to preclude argument by the defendant concerning the absence of those circumstances. (k) Advice of the judge. At the time of imposing a sentence of death, the judge shall advise the defendant that the determination of guilt and the sentence will be reviewed automatically by the Court of Appeals, and that the

sentence will be stayed pending that review. At the time of imposing a sentence of imprisonment for life, the court shall cause the defendant to be advised in accordance with Rule 4-342 (i). Cross references. -- Rule 8-306. (l) Report of judge. After sentence is imposed, the judge promptly shall prepare and send to the parties a report in the following form: (CAPTION) REPORT OF TRIAL JUDGE I. Data Concerning Defendant A. Date of Birth B. Sex C. Race D. Address E. Length of Time in Community F. Reputation in Community G. Family Situation and Background 1. Situation at time of offense (describe defendant's living situation including marital status and number and age of children) 2. 2. Family history (describe family history including pertinent data about parents and siblings) H. Education I. Work Record J. Prior Criminal Record and Institutional History (list any prior convictions, disposition, and periods of incarceration) K. Military History L. Pertinent Physical or Mental Characteristics or History

M. Other Significant Data About Defendant

II. Data Concerning Offense A. Briefly describe facts of offense (include time, place, and manner of death; weapon, if any; other participants and nature of participation) B. Was there any evidence that the defendant was impaired by alcohol or drugs at the time of the offense? If so describe. C. Did the defendant know the victim prior to the offense? Yes ...... No ...... 1. If so, describe relationship. 2. Did the prior relationship in any way precipitate the offense? If so, explain. D. Did the victim's behavior in any way provoke the offense? If so, explain. E. Data Concerning Victim 1. Name 2. Date of Birth 3. Sex 4. Race 5. Length of time in community 6. Reputation in community F. Any Other Significant Data About Offense

III. A. Plea Entered by Defendant:

Not guilty .....; guilty .....; not criminally responsible .... B. Mode of Trial: Court .... Jury .... If there was a jury trial, did defendant challenge the jury selection or composition? If so, explain. C. Counsel 1. Name 2. Address 3. Appointed or retained (If more than one attorney represented defendant, provide data on each and include stage of proceeding at which the representation was furnished.) D. Pre-Trial Publicity -- Did defendant request a mistrial or a change of venue on the basis of publicity? If so, explain. Attach copies of any motions made and exhibits filed. E. Was defendant charged with other offenses arising out of the same incident? If so, list charges; state whether they were tried at same proceeding, and give disposition.

IV. Data Concerning Sentencing Proceeding A. List aggravating circumstance(s) upon which State relied in the pretrial notice. B. Was the proceeding conducted before same judge as trial? before same jury? ...... ......

If the sentencing proceeding was conducted before a jury other than the trial jury, did the defendant challenge the selection or composition of the

jury? If so, explain. C. Counsel -- If counsel at sentencing was different from trial counsel, give information requested in III C above. D. Which aggravating and mitigating circumstances were raised by the evidence? E. On which aggravating and mitigating circumstances were the jury instructed? F. Sentence imposed: Death Imprisonment for life without the possibility of parole V. Chronology Date of Offense Arrest Charge Notification of intention to seek penalty of death Trial (guilt/innocence) -- began and ended Post-trial Motions Disposed of Sentencing Proceeding -- began and ended Sentence Imposed Imprisonment for life

VI. Recommendation of Trial Court As To Whether Imposition of Sentence of Death is Justified.

VII. A copy of the Findings and Sentencing Determination made in this action is attached to and made a part of this report. ........................................... Judge CERTIFICATION I certify that on the ....... day of .................., ......, I sent copies of this (month) (year)

report to counsel for the parties for comment and have attached any comments made by them to this report. ........................................... Judge

Within five days after receipt of the report, the parties may submit to the judge written comments concerning the factual accuracy of the report. The judge promptly shall file with the clerk of the trial court and with the Clerk of the Court of Appeals the report in final form, noting any changes made, together with any comments of the parties. HISTORY: (Enacted Sept. 10, 2009, effective Oct. 1, 2009.)

MARYLAND RULES TITLE 4. CRIMINAL CAUSES CHAPTER 300. TRIAL AND SENTENCING Md. Rule 4-344 (2012) Rule 4-344. Sentencing -- Review (a) Application -- When filed. Any application for review of a sentence under the Review of Criminal Sentences Act, Code, Criminal Procedure Article, 8-102 -- 8-109, shall be filed in the sentencing court within 30 days after the imposition of sentence or at a later time permitted by the

Act. The clerk shall promptly notify the defendant's counsel, if any, the State's Attorney, and the Circuit Administrative Judge of the filing of the application. (b) Application -- Form. The application shall be signed by the defendant and shall be substantially in the following form: (Caption of the case) Application for Review of Sentence I hereby apply for review of the sentence imposed on me on................ I understand that a review of my sentence may result in the imposition of any sentence allowable by law for the offense, including an increased sentence (unless the maximum has already been imposed), a decreased sentence (including a decrease in a mandatory minimum sentence), a different sentence, or no change in sentence. I understand that I may withdraw this application at any time before receiving notice of a hearing and thereafter only with permission of the Review Panel. I also understand that I may not withdraw my application after the Review Panel renders a decision. My sentence should be changed for the following reasons: (the reasons for the change shall be stated) ............................................................................. ............................................................................. .............................................................................

Signature of Defendant Date:

(c) Application -- Withdrawal. The defendant may withdraw the application for review at any time before the receipt of notice of a hearing, and thereafter only with permission of the Review Panel. The application may not be withdrawn after the Review Panel has rendered its decision. A withdrawal shall be signed by the defendant and filed with the clerk. The filing of a withdrawal is final and terminates all rights of the defendant to have the sentence reviewed under the Review of Criminal Sentences Act.

(d) Review panel -- Appointment of. Upon notification by the clerk of the filing of an application, the Circuit Administrative Judge shall promptly appoint a Review Panel of three judges, not including the sentencing judge, and shall designate one as Chair, to review the sentence. The sentencing judge may sit with the Review Panel in an advisory capacity if requested by a majority of the Review Panel. A Review Panel may be appointed to serve for a fixed term or may be appointed to review only cases specifically assigned to it by the Circuit Administrative Judge. (e) Review panel -- Procedure before. Unless a hearing is required by the Review of Criminal Sentences Act, the Review Panel may render its decision without a hearing if it affords the parties an opportunity to present relevant information in writing. If a hearing is to be held, the Review Panel shall serve the defendant, defendant's counsel, and the State's Attorney with reasonable notice of the time and place of the hearing. At the hearing the Review Panel may take testimony and receive other information. (f) Review panel -- Decision. Whether or not an appeal has been taken, the Review Panel shall file a written decision with the clerk within 30 days after the application is filed. If the sentence is to be increased, the defendant shall be brought before the panel and resentenced pursuant to Rule 4-342. If the sentence is reduced or not changed, the defendant need not be brought before the Review Panel. In either case, the Review Panel shall state the reasons for its decision and shall furnish a copy of the decision to the defendant, defendant's counsel, and the State's Attorney. Cross references. -- Concerning victim notification and other requirements when a sentence is changed by the review panel, see Code, Criminal Procedure Article, 8-103 -- 8-108. (g) Effect on time for appeal. An application filed under this Rule does not extend the time for taking an appeal. (h) Effect of vacation or modification of sentence by another court. If the sentence under review is vacated or modified by a court of competent jurisdiction before the Review Panel renders its decision, the Review Panel shall dismiss the original application and give the defendant a reasonable opportunity, but not less than ten days, to file a new application for review of the sentence as modified if it is subject to review under the Review of Criminal Sentences Act. HISTORY: (Amended Jan. 20, 1999, effective July 1, 1999; Oct. 5, 1999; Dec. 16, 1999, effective Jan. 1, 2000; Jan. 8, 2002, effective Feb. 1, 2002.)

MARYLAND RULES TITLE 4. CRIMINAL CAUSES CHAPTER 300. TRIAL AND SENTENCING Md. Rule 4-345 (2012) Rule 4-345. Sentencing -- Revisory power of court

(a) Illegal sentence. The court may correct an illegal sentence at any time. (b) Fraud, mistake, or irregularity. The court has revisory power over a sentence in case of fraud, mistake, or irregularity. (c) Correction of mistake in announcement. The court may correct an evident mistake in the announcement of a sentence if the correction is made on the record before the defendant leaves the courtroom following the sentencing proceeding. (d) Desertion and non-support cases. At any time before expiration of the sentence in a case involving desertion and non-support of spouse, children, or destitute parents, the court may modify, reduce, or vacate the sentence or place the defendant on probation under the terms and conditions the court imposes. (e) Modification upon motion. (1) Generally. Upon a motion filed within 90 days after imposition of a sentence (A) in the District Court, if an appeal has not been perfected or has been dismissed, and (B) in a circuit court, whether or not an appeal has been filed, the court has revisory power over the sentence except that it may not revise the sentence after the expiration of five years from the date the sentence originally was imposed on the defendant and it may not increase the sentence. Cross references. -- Rule 7-112 (b). Committee note. -- The court at any time may commit a defendant who is found to have a drug or alcohol dependency to a treatment program in the Department of Health and Mental Hygiene if the defendant voluntarily agrees to participate in the treatment, even if the defendant did not timely file a motion for modification or timely filed a motion for modification that was denied. See Code, Health General Article, 8-507. (2) Notice to victims. The State's Attorney shall give notice to each victim and victim's representative who has filed a Crime Victim Notification Request form pursuant to Code, Criminal Procedure Article, 11-104 or who has submitted a written request to the State's Attorney to be notified of subsequent proceedings as provided under Code, Criminal Procedure Article, 11-503 that states (A) that a motion to modify or reduce a sentence has been filed; (B) that the motion has been denied without a hearing or the date, time, and location of the hearing; and (C) if a hearing is to be held, that each victim or victim's representative may attend and testify. (3) Inquiry by court. Before considering a motion under this Rule, the court shall inquire if a victim or victim's representative is present. If one is present, the court shall allow the victim or victim's representative to be heard as allowed by law. If a victim or victim's representative is not present and the case is one in which there was a victim, the court shall inquire of the State's Attorney on the record regarding any justification for the victim or victim's representative not being present, as set forth in Code, Criminal Procedure Article, 11-403 (e). If no justification is asserted or the court is not satisfied by an asserted justification, the court may postpone the

hearing. (f) Open court hearing. The court may modify, reduce, correct, or vacate a sentence only on the record in open court, after hearing from the defendant, the State, and from each victim or victim's representative who requests an opportunity to be heard. The defendant may waive the right to be present at the hearing. No hearing shall be held on a motion to modify or reduce the sentence until the court determines that the notice requirements in subsection (e)(2) of this Rule have been satisfied. If the court grants the motion, the court ordinarily shall prepare and file or dictate into the record a statement setting forth the reasons on which the ruling is based. HISTORY: (Amended Oct. 5, 1992, effective Jan. 1, 1993; Nov. 1, 2001, effective Jan. 1, 2002; May 11, 2004, effective July 1, 2004; amended Nov. 8, 2005, effective Jan. 1, 2006; May 8, 2007, effective July 1, 2007; Amended March 9, 2010, effective July 1, 2010.) MARYLAND RULES TITLE 4. CRIMINAL CAUSES CHAPTER 300. TRIAL AND SENTENCING Md. Rule 4-346 (2012) Rule 4-346. Probation (a) Manner of imposing. When placing a defendant on probation, the court shall advise the defendant of the conditions and duration of probation and the possible consequences of a violation of any of the conditions. The court also shall file and furnish to the defendant a written order stating the conditions and duration of probation. (b) Modification of probation order. During the period of probation, on motion of the defendant or of any person charged with supervising the defendant while on probation or on its own initiative, the court, after giving the defendant an opportunity to be heard, may modify, clarify, or terminate any condition of probation, change its duration, or impose additional conditions. HISTORY: (Amended Nov. 22, 1989, effective Jan. 1, 1990; Oct. 31, 2002, effective Jan. 1, 2003; April 5, 2005, effective July 1, 2005; amended Sept. 10, 2009, effective Oct. 1, 2009.)

MARYLAND RULES TITLE 4. CRIMINAL CAUSES CHAPTER 300. TRIAL AND SENTENCING Md. Rule 4-347 (2012) Rule 4-347. Proceedings for revocation of probation

(a) How initiated. Proceedings for revocation of probation shall be initiated by an order directing the issuance of a summons or warrant. The order may be issued by the court on its own initiative or on a verified petition of the State's Attorney or the Division of Parole and Probation. The petition, or order if issued on the court's initiative, shall state each condition of probation that the defendant is charged with having violated and the nature of the violation. Cross references. -- See Code, Criminal Procedure Article, 6-223. (b) Notice. A copy of the petition, if any, and the order shall be served on the defendant with the summons or warrant. Committee note. -- For victim notification procedures, see Code, Criminal Procedure Article, 11-104, 11-503, and 11-507. (c) Release pending revocation hearing. Unless the judge who issues the warrant sets conditions of release or expressly denies bail, a defendant arrested upon a warrant shall be taken before a judicial officer of the District Court or before a judge of the circuit court without unnecessary delay or, if the warrant so specifies, before a judge of the District Court or circuit court for the purpose of determining the defendant's eligibility for release. (d) Waiver of counsel. The provisions of Rule 4-215 apply to proceedings for revocation of probation. (e) Hearing. (1) Generally. The court shall hold a hearing to determine whether a violation has occurred and, if so, whether the probation should be revoked. The hearing shall be scheduled so as to afford the defendant a reasonable opportunity to prepare a defense to the charges. Whenever practicable, the hearing shall be held before the sentencing judge or, if the sentence was imposed by a Review Panel pursuant to Rule 4-344, before one of the judges who was on the panel. With the consent of the parties and the sentencing judge, the hearing may be held before any other judge. The provisions of Rule 4-242 do not apply to an admission of violation of conditions of probation. Cross references. -- See State v. Peterson, 315 Md. 73 (1989), construing the third sentence of this subsection. For procedures to be followed by the court when a defendant may be incompetent to stand trial in a violation of probation proceeding, see Code, Criminal Procedure Article, 3-104. (2) Conduct of hearing. The court may conduct the revocation hearing in an informal manner and, in the interest of justice, may decline to require strict application of the rules in Title 5, except those relating to the competency of witnesses. The defendant shall be given the opportunity to admit or deny the alleged violations, to testify, to present witnesses, and to cross-examine the witnesses testifying against the defendant. If the defendant is found to be in violation of any condition of probation, the court shall (A) specify the condition violated and (B) afford the defendant the opportunity, personally and through counsel, to make a statement and to present information in mitigation of punishment.

HISTORY: (Added Nov. 22, 1989, effective Jan. 1, 1990; amended Dec. 15, 1993, effective July 1, 1994; Apr. 8, 1997, effective July 1, 1997; Nov. 1, 2001, effective Jan. 1, 2002; April 5, 2005, effective July 1, 2005; May 8, 2007, effective July 1, 2007; amended Sept. 10, 2009, effective Oct. 1, 2009; amended March 9, 2010, effective July 1, 2010.)

MARYLAND RULES TITLE 4. CRIMINAL CAUSES CHAPTER 300. TRIAL AND SENTENCING Md. Rule 4-348 (2012) Rule 4-348. Stay of execution of sentence (a) Sentence of death. (1) Definition. In this section, "state post conviction review process" has the meaning stated in Code, Correctional Services Article, 3-902. (2) Stay. A sentence of death shall be stayed during the direct review process and the state post conviction review process. Committee note. -- The direct review process includes certiorari in the Supreme Court of the United States. (b) Sentence of imprisonment. The filing of an appeal or a petition for writ of certiorari in any appellate court, including the Supreme Court of the United States, stays a sentence of imprisonment during any period that the defendant is released pursuant to Rule 4-349, unless a court orders otherwise pursuant to section (d) of that Rule. On the filing of a notice of appeal in a case that is tried de novo, the circuit court, on motion or by consent of the parties, may stay a sentence of imprisonment imposed by the District Court and release the defendant pending trial in the circuit court, subject to any appropriate terms and conditions of release. Cross references. -- See Rule 4-349. (c) Fine. Upon the filing of an appeal or petition of writ of certiorari in any appellate court, a sentence to pay a fine or a fine and costs may be stayed by the court upon terms the court deems proper, but any bond required to stay the payment pending appeal may not exceed the unpaid amount of the fine and costs, if any. (d) Other sentences. Any other sentence or any order or condition of probation may be stayed upon terms the court deems proper. HISTORY: (Amended Nov. 22, 1989, effective Jan. 1, 1990; Nov. 21, 1995, effective Dec. 1,

1995; May 9, 2000, effective July 1, 2000; amended March 9, 2010, effective July 1, 2010.) MARYLAND RULES TITLE 4. CRIMINAL CAUSES CHAPTER 300. TRIAL AND SENTENCING Md. Rule 4-349 (2012) Rule 4-349. Release after conviction (a) General authority. After conviction the trial judge may release the defendant pending sentencing or exhaustion of any appellate review subject to such conditions for further appearance as may be appropriate. Title 5 of these rules does not apply to proceedings conducted under this Rule. (b) Factors relevant to conditions of release. In determining whether a defendant should be released under this Rule, the court may consider the factors set forth in Rule 4-216 (d) and, in addition, whether any appellate review sought appears to be frivolous or taken for delay. The burden of establishing that the defendant will not flee or pose a danger to any other person or to the community rests with the defendant. (c) Conditions of release. The court may impose different or greater conditions for release under this Rule than had been imposed upon the defendant pursuant to Rule 4-216 before trial. When the defendant is released pending sentencing, the condition of any bond required by the court shall be that the defendant appear for further proceedings as directed and surrender to serve any sentence imposed. When the defendant is released pending any appellate review, the condition of any bond required by the court shall be that the defendant prosecute the appellate review according to law and, upon termination of the appeal, surrender to serve any sentence required to be served or appear for further proceedings as directed. The bond shall continue until discharged by order of the court or until surrender of the defendant, whichever is earlier. (d) Amendment of order of release. The court, on motion of any party or on its own initiative and after notice and opportunity for hearing, may revoke an order of release or amend it to impose additional or different conditions of release. If its decision results in the detention of the defendant, the court shall state the reasons for its action in writing or on the record. HISTORY: (Amended Nov. 22, 1989, effective Jan. 1, 1990; Dec. 15, 1993, effective July 1, 1994; Nov. 12, 2003; effective Jan. 1, 2004; June 16, 2009, effective June 17, 2009.)

MARYLAND RULES TITLE 4. CRIMINAL CAUSES CHAPTER 300. TRIAL AND SENTENCING Md. Rule 4-351 (2012)

Rule 4-351. Commitment record (a) Content. When a person is convicted of an offense and sentenced to imprisonment, the clerk shall deliver to the officer into whose custody the defendant has been placed a commitment record containing: (1) The name and date of birth of the defendant; (2) The docket reference of the action and the name of the sentencing judge; (3) The offense and each count for which the defendant was sentenced; (4) The sentence for each count, the date the sentence was imposed, the date from which the sentence runs, and any credit allowed to the defendant by law; (5) A statement whether sentences are to run concurrently or consecutively and, if consecutively, when each term is to begin with reference to termination of the preceding term or to any other outstanding or unserved sentence; and (6) the details or a copy of any order or judgment of restitution. Cross references. -- See Code, Criminal Procedure Article, 6-216(c) concerning Maryland Sentencing Guidelines Worksheets prepared by a court. See Code, Criminal Procedure Article, 11-104 (f) for notification procedures for victims. See Code, Criminal Procedure Article, 11-607 for procedures concerning compliance with restitution judgments. (b) Effect of error. An omission or error in the commitment record or other failure to comply with this Rule does not invalidate imprisonment after conviction. HISTORY: (Amended Jan. 20, 1999, effective July 1, 1999; Jan. 8, 2002, effective Feb. 1, 2002; Oct. 31, 2002, effective Jan. 1, 2003; amended Sept. 10, 2009, effective Oct. 1, 2009.)

MARYLAND RULES TITLE 4. CRIMINAL CAUSES CHAPTER 300. TRIAL AND SENTENCING Md. Rule 4-352 (2012) Rule 4-352. In banc review In banc review of a circuit court's judgment or determination is governed by the provisions of Rule 2-551, except that the right of review does not apply to criminal actions exempted under the Maryland Constitution. In applying Rule 2-551, references to Rules 2-517, 2-520, and 2-533 shall

be construed as references to Rules 4-323, 4-325, and 4-331 (a) respectively. HISTORY: (Amended Apr. 7, 1986, effective July 1, 1986.)

MARYLAND RULES TITLE 4. CRIMINAL CAUSES CHAPTER 300. TRIAL AND SENTENCING Md. Rule 4-353 (2012) Rule 4-353. Costs (a) Generally. Unless otherwise ordered by the court, a judgment of conviction, an order accepting a plea of nolo contendere, or a disposition by probation before judgment shall include an assessment of court costs against the defendant. (b) Special Costs. Costs assessed pursuant to Code, Courts Article, 7-409 shall be assessed separately from other costs and shall not be waived by the court except upon an express finding stated on the record that the defendant is not likely to be able to pay any significant part of those costs within the succeeding twelve years. HISTORY: (Amended September 8, 2011, effective January 1, 2012.)

MARYLAND RULES TITLE 4. CRIMINAL CAUSES CHAPTER 300. TRIAL AND SENTENCING Md. Rule 4-354 (2012) Rule 4-354. Enforcement of money judgment (a) Generally. A money judgment or other order for payment of a sum certain entered in a criminal action in favor of the State, including court costs, a fine, forfeiture of an appearance bond, and adjudication of a lien pursuant to Code, Criminal Procedure Article, 16-212, may be enforced in the same manner as a money judgment entered in a civil action or in accordance with

statutory procedures for the collection of a debt due to the State or a State agency. Cross references. -- See Code, Courts Article, 7-505 and Code, State Finance and Procurement Article, 3-301 through 3-307. (b) Judgment of restitution . A judgment of restitution may be enforced in the same manner as a money judgment entered in a civil action. HISTORY: (Amended November 12, 2003, effective January 1, 2004; and September 8, 2011, effective January 1, 2012.)

MARYLAND RULES TITLE 4. CRIMINAL CAUSES CHAPTER 300. TRIAL AND SENTENCING Md. Rule 4-361 (2012) Rule 4-361. Disability of judge (a) After verdict or acceptance of plea. If by reason of termination of office, death, sickness, or other disability, the judge before whom a defendant has been tried or by whom a plea of guilty or nolo contendere has been accepted is unable to perform an act or duty of the court after verdict or after acceptance of a plea, any other judge authorized to act in that court may sentence the defendant and perform any other act or duty if satisfied that he or she can properly do so. (b) During jury trial in circuit court. If by reason of termination of office, absence, death, sickness, or other disability, the judge before whom a jury trial in circuit court has commenced is unable to proceed with the trial, any other judge authorized to act in that court upon certifying that he or she has become familiar with the record of the trial, may proceed with and finish the trial. Cross references. -- Code, Criminal Procedure Article, 6-224. HISTORY: (Amended Jan. 8, 2002, effective Feb. 1, 2002.)

MARYLAND RULES TITLE 4. CRIMINAL CAUSES CHAPTER 400. POST CONVICTION PROCEDURE

Md. Rule 4-401 (2012) Rule 4-401. How commenced -- Venue (a) Generally. A proceeding under the Uniform Post Conviction Procedure Act is commenced by the filing of a petition in the circuit court of the county where the conviction took place. (b) Following DNA Testing. If a petition for DNA testing was filed pursuant to Code, Criminal Procedure Article, 8-201, and the test results were favorable to the petitioner, the court shall (1) reopen a post conviction proceeding previously commenced under section (a) of this Rule or (2) if no post conviction proceeding has been initiated, treat the petition for DNA testing as a petition under section (a) of this Rule. HISTORY: (Amended April 5, 2005, effective July 1, 2005.) MARYLAND RULES TITLE 4. CRIMINAL CAUSES CHAPTER 400. POST CONVICTION PROCEDURE Md. Rule 4-402 (2012) Rule 4-402. Petition (a) Content. The petition shall state whether or not petitioner is able to pay costs of the proceeding or to employ counsel and shall include: (1) The petitioner's name, place of confinement, and inmate identification number. (2) The place and date of trial, the offense for which the petitioner was convicted, and the sentence imposed. (3) The allegations of error upon which the petition is based. (4) A concise statement of facts supporting the allegations of error. (5) The relief sought. (6) A statement of all previous proceedings, including appeals, motions for new trial and previous post conviction petitions, and the determinations made thereon. (7) A statement of the facts or special circumstances which show that the allegations of error have not been waived. Committee note. -- See Code, Criminal Procedure Article, Title 7 and Curtis v. State, 284 Md. 132 (1978).

(b) Argument or citation. The petition may, but need not, include a concise argument or citation of authority. (c) Amendment. Amendment of the petition shall be freely allowed in order to do substantial justice. HISTORY: (Amended Oct. 31, 2002, effective Jan. 1, 2003.) MARYLAND RULES TITLE 4. CRIMINAL CAUSES CHAPTER 400. POST CONVICTION PROCEDURE Md. Rule 4-403 (2012) Rule 4-403. Notice of petition Upon receipt of a post conviction petition, the clerk shall promptly notify the county administrative judge and the State's Attorney. When the petition relates to an action tried in that court, it shall be filed in the action. If the petition alleges that the petitioner is indigent, the clerk shall promptly notify the Collateral Review Division of the Office of the Public Defender by forwarding a copy of the petition. HISTORY: (Amended June 7, 2011, effective July 1, 2011; Sept. 8, 2011, effective Oct. 1, 2011) MARYLAND RULES TITLE 4. CRIMINAL CAUSES CHAPTER 400. POST CONVICTION PROCEDURE Md. Rule 4-404 (2012) Rule 4-404. Response The State's Attorney shall file a response to the petition within 15 days after notice of its filing, or within such further time as the court may order. No other paper shall be filed except as ordered by the court. MARYLAND RULES TITLE 4. CRIMINAL CAUSES CHAPTER 400. POST CONVICTION PROCEDURE Md. Rule 4-405 (2012) Rule 4-405. Withdrawal

The court may grant permission to withdraw the petition without prejudice at any time before the date of the hearing, and thereafter only for good cause. MARYLAND RULES TITLE 4. CRIMINAL CAUSES CHAPTER 400. POST CONVICTION PROCEDURE Md. Rule 4-406 (2012) Rule 4-406. Hearing (a) When required. A hearing shall be held promptly on a petition under the Uniform Post Conviction Procedure Act unless the parties stipulate that the facts stated in the petition are true and that the facts and applicable law justify the granting of relief. If a defendant requests that the court reopen a post conviction proceeding that was previously concluded, the court shall determine whether a hearing will be held, but it may not reopen the proceeding or grant the relief requested without a hearing unless the parties stipulate that the facts stated in the petition are true and that the facts and applicable law justify the granting of relief. Cross references. -- For time requirements applicable to hearings in death penalty cases, see Code, Criminal Procedure Article, 7-204. (b) Judge. The hearing shall not be held by the judge who presided at trial except with the consent of the petitioner. (c) Evidence. Evidence may be presented by affidavit, deposition, oral testimony, or in any other form as the court finds convenient and just. In the interest of justice, the court may decline to require strict application of the rules in Title 5, except those relating to the competency of witnesses. Cross references. -- For procedures concerning DNA testing and preservation of DNA evidence in post conviction cases, see Code, Criminal Procedure Article, 8-201. (d) Presence of petitioner. The petitioner has the right to be present at any hearing on the petition. Cross references. -- For post conviction procedure, right to counsel and hearing, see Code, Criminal Procedure Article, 7-101 -- 7-108 and 7-201 -- 7-204; victim notification, Criminal Procedure Article, 7-105, 11-104, and 11-503. For right of a victim or victim's representative to address the court, see Code, Criminal Procedure Article, 11-403. HISTORY: (Amended Dec. 15, 1993, effective July 1, 1994; Nov. 21, 1995, effective Dec. 1, 1995; Oct. 5, 1999; Jan. 8, 2002, effective Feb. 1, 2002; amended Nov. 8, 2005, effective Jan. 1, 2006; amended Sept. 10, 2009, effective Oct. 1, 2009.)

MARYLAND RULES TITLE 4. CRIMINAL CAUSES CHAPTER 400. POST CONVICTION PROCEDURE Md. Rule 4-407 (2012) Rule 4-407. Statement and order of court (a) Statement. The judge shall prepare and file or dictate into the record a statement setting forth separately each ground upon which the petition is based, the federal and state rights involved, the court's ruling with respect to each ground, and the reasons for the action taken thereon. If dictated into the record, the statement shall be promptly transcribed. (b) Order of court. The statement shall include or be accompanied by an order either granting or denying relief. If the order is in favor of the petitioner, the court may provide for rearraignment, retrial, custody, bail, discharge, correction of sentence, or other matters that may be necessary and proper. (c) Copy to the parties. A copy of the statement and the order shall be filed promptly with the clerk and sent to the petitioner, petitioner's counsel, and the State's Attorney. (d) Finality. The statement and order constitute a final judgment when entered by the clerk. HISTORY: (Amended Nov. 1, 2001, effective Jan. 1, 2002.) MARYLAND RULES TITLE 4. CRIMINAL CAUSES CHAPTER 400. POST CONVICTION PROCEDURE Md. Rule 4-408 (2012) Rule 4-408. Application for leave to appeal An application for leave to appeal to the Court of Special Appeals shall be governed by Rule 8204. HISTORY: (Amended June 3, 1988, effective July 1, 1988.) MARYLAND RULES TITLE 4. CRIMINAL CAUSES CHAPTER 500. EXPUNGEMENT OF RECORDS Md. Rule 4-501 (2012) Rule 4-501. Applicability

The procedure provided by this Chapter is exclusive and mandatory for use in all judicial proceedings for expungement of records whether pursuant to Code, Criminal Procedure Article, 10-102 through 10-109 or otherwise. Cross references. -- For expungement of criminal charges transferred to the juvenile court, see Rule 11-601 and Code, Criminal Procedure Article, 10-106. HISTORY: (Amended July 27, 1987, effective Aug. 17, 1987; May 14, 1992, effective July 1, 1992; Jan. 8, 2002, effective Feb. 1, 2002; amended March 9, 2010, effective July 1, 2010.) MARYLAND RULES TITLE 4. CRIMINAL CAUSES CHAPTER 500. EXPUNGEMENT OF RECORDS Md. Rule 4-502 (2012) Rule 4-502. Expungement definitions The following definitions apply in this Chapter and in Forms 4-503.1 through 4-508.3: (a) Application. "Application" means the written request for expungement of police records filed pursuant to Code, Criminal Procedure Article 10-103 and Rule 4-503. (b) Central repository. "Central Repository" means the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services. (c) Court. "Court" means the Court of Appeals, Court of Special Appeals, any circuit court, and the District Court. (d) Court records. "Court records" means all official records maintained by the clerk or other personnel pertaining to (1) any criminal action, (2) any action, except a juvenile proceeding, concerning a civil offense or infraction under a State or local law enacted as a substitute for a criminal charge, or (3) any proceeding for expungement. It includes indices, docket entries, charging documents, pleadings, memoranda, assignment schedules, disposition sheets, transcriptions of proceedings, electronic recordings, orders, judgments, and decrees. It does not include: records pertaining to violations of the vehicle laws of the State or of any other traffic law, ordinance, or regulation; written opinions of a court; cash receipt and disbursement records necessary for audit purposes; or a court reporter's transcript of proceedings involving multiple defendants. (e) Expungement. "Expungement" means the effective removal of police and court records from public inspection: (1) by obliteration; or

(2) by removal to a separate secure area to which the public and other persons having no legitimate reason for being there are denied access; or (3) if effective access to a record can be obtained only by reference to other records, by the expungement of the other records or the part of them providing the access. (f) Law enforcement agency. "Law enforcement agency" means any State, county, and municipal police department or agency, any sheriff's office, any State's Attorney's office, the Office of the State Prosecutor, and the Attorney General's office. (g) Petition. "Petition" means a written request for expungement of court and police records filed by a person pursuant to Code, Criminal Procedure Article, 10-105(a) and Rule 4-504. (h) Police records. "Police records" means all official records maintained by a law enforcement agency, a booking facility, or the Central Repository pertaining to the arrest and detention of or further proceeding against an individual for a criminal charge; a suspected violation of a criminal law; a violation of Code, Transportation Article for which a term of imprisonment may be imposed; or a civil offense or infraction, except a juvenile offense, under a State or local law enacted as a substitute for a criminal charge. "Police records" does not include investigatory files, police work-product records used solely for police investigation purposes, or records pertaining to nonincarcerable violations of the vehicle laws of the State or of any other traffic law, ordinance, or regulation. (i) Probation before judgment. "Probation before judgment" means disposition of a charge pursuant to Code, Criminal Procedure Article, 6-220 or a civil offense or infraction, except a juvenile offense, under a State or local law enacted as a substitute for a criminal charge; it also means probation prior to judgment pursuant to former Code, Article 27, 641, a disposition pursuant to former Code, Article 27, 292 (b), probation without finding a verdict pursuant to former Code, Article 27, 641 prior to July 1, 1975, and a disposition pursuant to former Section 22-83 of the Code of Public Local Laws of Baltimore City (1969 Edition). (j) Records. "Records" means "police records" and "court records." (k) Service. "Service" with respect to the application or petition means mailing a copy by certified mail or delivering it to any person admitting service, and with respect to any answer, notice, or order of court required by this Rule or court order to be served means mailing by first class mail. (l) Transfer. "Transfer" means the act, done pursuant to an order of court, of removing an action or proceeding from the court or docket in which it was originally filed or docketed to such other proper court or docket as the nature of the case may require. HISTORY: (Amended Apr. 7, 1986, effective July 1, 1986; July 27, 1987, effective Aug. 17, 1987; June 28, 1988, effective July 1, 1988; May 9, 1991, effective July 1, 1991; May 14, 1992, effective July 1, 1992; June 8, 1998, effective Oct. 1, 1998; Oct. 5, 1999; Jan. 8, 2002, effective Feb. 1, 2002; Oct. 31, 2002, effective Jan. 1, 2003; Dec. 4, 2007, effective Jan. 1, 2008.)

MARYLAND RULES TITLE 4. CRIMINAL CAUSES CHAPTER 500. EXPUNGEMENT OF RECORDS Md. Rule 4-503 (2012) Rule 4-503. Application for expungement of record for an arrest, detention, or confinement occurring before October 1, 2007 when no charges filed (a) Scope and venue. An application for expungement of police records may be filed by any person who has been arrested, detained, or confined by a law enforcement agency, and has subsequently been released without having been charged with a crime, if (1) the applicant has first served on the law enforcement agency that arrested, detained, or confined the applicant a written request for expungement in the form set forth at the end of this Title as Form 4-503.1, which shall be served within eight years after the date of the incident; and (2) the request for expungement has been denied or has not been acted upon within 60 days after it was served. The application shall be filed in the District Court for the county in which the applicant was first arrested, detained, or confined. Cross references. -- Code, Criminal Procedure Article, 10-103. (b) Contents -- Time for filing. The application shall be in the form set forth at the end of this Title as Form 4-503.3 and shall be filed within 30 days after service of notice that the request for expungement is denied by the agency or, if no action is taken by the agency, within 30 days after expiration of the time period provided in subsection (a) (2) of this Rule. (c) Copies for service. The applicant shall file with the clerk a sufficient number of copies of the application for service on the State's Attorney and each law enforcement agency named in the application. (d) Procedure upon filing. Upon filing of an application, the clerk shall docket the proceeding, issue a Notice of Hearing in the form set forth at the end of this Title as Form 4-503.4, and serve copies of the application and notice on the State's Attorney and each law enforcement agency named in the application. HISTORY: (Amended Jan. 8, 2002, effective Feb. 1, 2002; Dec. 4, 2007, effective Jan. 1, 2008.) MARYLAND RULES TITLE 4. CRIMINAL CAUSES CHAPTER 500. EXPUNGEMENT OF RECORDS Md. Rule 4-504 (2012) Rule 4-504. Petition for expungement when charges filed

(a) Scope and venue. A petition for expungement of records may be filed by any defendant who has been charged with the commission of a crime and is eligible under Code, Criminal Procedure Article, 10-105 to request expungement. The petition shall be filed in the original action. If that action was commenced in one court and transferred to another, the petition shall be filed in the court to which the action was transferred. If an appeal was taken, the petition shall be filed in the circuit court that had jurisdiction over the action. Cross references. -- See Code, Criminal Procedure Article, 10-104, which permits the District Court on its own initiative to order expungement when the State has entered a nolle prosequi as to all charges in a case in which the defendant has not been served. (b) Contents -- Time for filing. The petition shall be substantially in the form set forth at the end of this Title as Form 4-504.1. The petition shall be filed within the times prescribed in Code, Criminal Procedure Article, 10-105. When required by law, the petitioner shall file with the petition a duly executed General Waiver and Release in the form set forth at the end of this Title as Form 4-503.2. (c) Copies for service. The petitioner shall file with the clerk a sufficient number of copies of the petition for service on the State's Attorney and each law enforcement agency named in the petition. (d) Procedure upon filing. Upon filing of a petition, the clerk shall serve copies on the State's Attorney and each law enforcement agency named in the petition. (e) Retrieval or reconstruction of case file. Upon the filing of a petition for expungement of records in any action in which the original file has been transferred to a Hall of Records Commission facility for storage, or has been destroyed, whether after having been microfilmed or not, the clerk shall retrieve the original case file from the Hall of Records Commission facility, or shall cause a reconstructed case file to be prepared from the microfilmed record, or from the docket entries. HISTORY: (Amended July 27, 1987, effective Aug. 17, 1987; May 9, 1991, effective July 1, 1991; May 14, 1992, effective July 1, 1992; June 8, 1998, effective Oct. 1, 1998; Jan. 8, 2002, effective Feb. 1, 2002; Oct. 31, 2002, effective Jan. 1, 2003.) MARYLAND RULES TITLE 4. CRIMINAL CAUSES CHAPTER 500. EXPUNGEMENT OF RECORDS Md. Rule 4-505 (2012) Rule 4-505. Answer to application or petition (a) Answer to application. Within 30 days after service of an application for expungement, if the law enforcement agency objects to the expungement, the agency shall file an answer and serve a copy on the applicant or the attorney of record. (b) Answer to petition. Within 30 days after service of a petition for expungement, the State's

Attorney shall file an answer, and serve a copy on the petitioner or the attorney of record. Cross references. -- Code, Criminal Procedure Article, 10-105(d). (c) Contents. An answer objecting to expungement of records shall state in detail the specific grounds for objection. A law enforcement agency or State's Attorney may by answer consent to the expungement of an applicant's or petitioner's record. (d) Effect of failure to answer. The failure of a law enforcement agency or State's Attorney to file an answer within the 30 day period constitutes a consent to the expungement as requested. HISTORY: (Amended May 9, 1991, effective July 1, 1991; June 8, 1998, effective Oct. 1, 1998; Jan. 8, 2002, effective Feb. 1, 2002; Nov. 12, 2003, effective Jan. 1, 2004.) MARYLAND RULES TITLE 4. CRIMINAL CAUSES CHAPTER 500. EXPUNGEMENT OF RECORDS Md. Rule 4-506 (2012) Rule 4-506. Amendment The application, petition, or answer may be amended in the manner prescribed by Rule 2-341. MARYLAND RULES TITLE 4. CRIMINAL CAUSES CHAPTER 500. EXPUNGEMENT OF RECORDS Md. Rule 4-507 (2012) Rule 4-507. Hearing (a) On application. In the case of an application for expungement, a hearing shall be held not later than 45 days after the filing of the application. Cross references. -- Code, Criminal Procedure Article, 10-103(f). (b) On petition. In the case of a petition for expungement, a hearing shall be held only if the State's Attorney or law enforcement agency objects to the petition by way of timely answer. Cross references. -- Code, Criminal Procedure Article, 10-105(e). HISTORY: (Amended June 8, 1998, effective Oct. 1, 1998; Jan. 8, 2002, effective Feb. 1, 2002.)

MARYLAND RULES TITLE 4. CRIMINAL CAUSES CHAPTER 500. EXPUNGEMENT OF RECORDS Md. Rule 4-508 (2012) Rule 4-508. Court order for expungement of records (a) Content. An order for expungement of records shall be substantially in the form set forth at the end of this Title as Form 4-508.1, as modified to suit the circumstances of the case. If the court determines that the procedures for expungement of court records set forth in Rule 4-511 are not practicable in the circumstances, the order shall specify the alternative procedures to be followed. Cross references. -- Code, Criminal Procedure Article, 10-103(f) and 10-105(f). (b) Stay. (1) Entry. If the court, over the objection of a State's Attorney or law enforcement agency, enters an order granting expungement, the order is stayed for 30 days after entry and thereafter if a timely notice of appeal is filed, pending the disposition of the appeal and further order of court. (2) Lifting. A stay shall be lifted upon disposition of any appeal or, if no notice of appeal was timely filed, upon expiration of the time prescribed for filing a notice of appeal. If an order for expungement has been stayed and no appeal is pending, a stay based upon an application may be lifted upon written consent of the law enforcement agency, and a stay based upon a petition may be lifted upon written consent of the State's Attorney. (3) Notice. Promptly upon the lifting of a stay, the clerk shall send notice of the lifting of the stay to the parties and to each custodian of records, including the Central Repository, to which an order for expungement and a compliance form are required to be sent pursuant to section (d) of this Rule. (c) Finality. An order of court for expungement of records, whether or not stayed, or an order denying an application or petition for expungement, is a final judgment. Cross references. -- Code, Courts Article, 12-301. (d) Service of order and compliance form. Upon entry of a court order granting or denying expungement, the clerk forthwith shall serve a true copy of the order and any stay of the order on all parties to the proceeding. Upon entry of an order granting expungement, the clerk shall serve on each custodian of records designated in the order and on the Central Repository a true copy of the order together with a blank form of Certificate of Compliance set forth at the end of this Title as Form 4 508.3. HISTORY: (Amended June 28, 1988, effective July 1, 1988; May 9, 1991, effective July 1, 1991; June 8, 1998, effective Oct. 1, 1998; Jan. 8, 2002, effective Feb. 1, 2002; amended Nov. 8, 2005, effective Jan. 1, 2006.)
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MARYLAND RULES TITLE 4. CRIMINAL CAUSES CHAPTER 500. EXPUNGEMENT OF RECORDS Md. Rule 4-509 (2012) Rule 4-509. Appeal (a) How taken. Any party may appeal within 30 days after entry of the order by filing a notice of appeal with the clerk of the court from which the appeal is taken and by serving a copy on the opposing party or attorney. (b) Notice. Promptly upon the disposition of an appeal, the clerk of the court from which the appeal was taken shall send notice of the disposition to the parties and to each custodian of records, including the Central Repository, to which an order for expungement and a compliance form were sent pursuant to Rule 4-508 (d). HISTORY: (Amended May 9, 1991, effective July 1, 1991; June 8, 1998, effective Oct. 1, 1998; Jan. 8, 2002, effective Feb. 1, 2002; amended Nov. 8, 2005, effective Jan. 1, 2006.) ------MARYLAND RULES TITLE 4. CRIMINAL CAUSES CHAPTER 500. EXPUNGEMENT OF RECORDS Md. Rule 4-510 (2012) Rule 4-510. Compliance with court order for expungement Upon receipt of an order for expungement that is not stayed or notice that a stay has been lifted, each custodian of records subject to the order shall forthwith remove the records from public inspection. As soon as practicable but in no event later than 60 days after the entry of a court order for expungement, or if the order for expungement is stayed, 30 days after the stay is lifted, every custodian of police records and court records subject to the order shall comply with the order, file an executed Certificate of Compliance, and serve a copy of the certificate on the applicant or petitioner. HISTORY: (Amended Nov. 8, 2005, effective Jan. 1, 2006.) MARYLAND RULES TITLE 4. CRIMINAL CAUSES CHAPTER 500. EXPUNGEMENT OF RECORDS Md. Rule 4-511 (2012)

Rule 4-511. Expungement procedures Expungement procedures with respect to dockets and indices, case files, and other court records shall be as follows: (a) Docket and indices. (1) In bound volume. If the docket or index is maintained in a bound volume, any entry therein referring to the applicant or petitioner shall be expunged, either by the clerk's affixing over the docket or index entry an opaque, non-removable adhesive strip, or alternately by any other means of effective obliteration, and by endorsing on the strip or in the margin of the page the word "Expunged," the date of obliteration, and the clerk's initials. (2) On case file jacket. If the docket in the action is maintained on the cover or jacket of the case file, the file shall be removed and sealed in accordance with Rule 4-512. (3) Microfilmed dockets, indices and case files. If the docket, index, and case file or any of them has been microfilmed, whether the original has been destroyed or not, the procedure for expungement of records, including references to the applicant's or petitioner's name, shall be as follows: (i) any unitized microform of case file and docket entries shall be removed from its usual and customary filing place, and shall be sealed with the case file, pursuant to Rule 4-512. (ii) any reference to the applicant or petitioner whose records have been ordered to be expunged, which appears in any index to microfilmed records, whether in writing, on microfilm, or recorded electronically or by any other means, shall be expunged by removal of any index card from the index; by effective obliteration of the reference from the index by affixing over the reference an opaque, non-removable adhesive strip endorsed "Expunged" and dated and initialed by the clerk; or by removal of the index to a separate secure area to which the public is denied access, as the case may be. (b) Case files. The original case file relating to the records to be expunged shall be removed from its usual and customary location in the files in accordance with Rule 4-512 to a separate secure area to which the public is denied access, even if the case file contains matter relating to multiple defendants one or more of whom is not entitled to or has not requested expungement, and is required for further proceedings in the action with respect to the other defendant or defendants. MARYLAND RULES TITLE 4. CRIMINAL CAUSES CHAPTER 500. EXPUNGEMENT OF RECORDS Md. Rule 4-512 (2012) Rule 4-512. Disposition of expunged records

Disposition of expunged records shall be as follows: (a) Removal. The original of all court files and records ordered to be expunged and any unitized microform of record shall be removed from their usual and customary filing or storage location. (b) Sealing -- Unsealing. The original case file, and all other court records in the clerk's custody relating or referring to the action or proceeding, including any unitized microform of records and certificates of compliance, shall be sealed in a manila envelope on which the docket or case file number, and a clerk's Certificate of Expungement and Caution, shall be endorsed or stamped as follows: CERTIFICATE OF EXPUNGEMENT AND CAUTION I HEREBY CERTIFY that this sealed envelope contains the case file relating to the action or proceeding docketed or filed under the above mentioned Docket or Case File Number, which records have been expunged pursuant to an Order of Court dated the ..... day of ............, ..... . (month) (year) CAUTION: This envelope is not to be unsealed or the contents or any part thereof disclosed to any person except pursuant to a written Order of Court, under penalty of a fine of up to $ 1,000.00, imprisonment for up to one year, or both, and to dismissal from employment, as provided by Section 10-108 of the Criminal Procedure Article of the Annotated Code of Maryland. DATED this ..... day of ............, ..... . (month) (year)

Clerk/Deputy Clerk Sealed expunged records may be unsealed on written order of court on good cause shown, and the court may by order permit access to expunged records in the interest of justice. (c) Alphabetical listing. A separate alphabetical listing of names of persons whose court records have been expunged shall be maintained by the clerk. The listing shall contain a reference to the docket or case file number of the action or proceeding in which expungement was ordered. (d) Notices -- General waivers and releases. Notices and General Waivers and Releases shall be maintained by the law enforcement agency or the clerk, as the case may be, in a denied access area, until the expiration of any applicable statute of limitations, after which time they may be destroyed by shredding.

Cross references. -- Code, Criminal Procedure Article, 10-103(b). (e) Storage in denied access area on premises -- Prohibition on transfer. All expunged records shall be filed and maintained by the clerk in numerical sequence by docket or case file number, together with the Index of Expunged Records, in one or more locked filing cabinets to be located on the premises of the clerk's office but in a separate secure area to which the public and other persons having no legitimate reason for being there are denied access. Expunged records shall not be transferred to any Hall of Records facility. Cross references. -- Code, Criminal Procedure Article, 10-101(e). (f) Minimum period of retention. Expunged records shall be retained by the clerk for a minimum period of three years after the date the order for expungement was entered. Expunged case files in multiple defendant cases shall be retained by the clerk until the prison terms, if any, of all codefendants convicted in the action have been served. (g) Destruction method and schedule. Upon the expiration of the minimum retention period provided in section (f) of this Rule, and unless otherwise ordered by the court, expunged records may be destroyed by the clerk by shredding or other method of complete destruction. Upon destruction of the expunged records, the name of the person whose court records have been destroyed shall be deleted from the listing maintained under section (c) of this Rule. Destruction of expunged records shall promptly be reported to the Records Management Division of the Hall of Records Commission on an appropriate destruction schedule. HISTORY: (Amended June 8, 1998, effective Oct. 1, 1998; May 9, 2000, effective July 1, 2000; Jan. 8, 2002, effective Feb. 1, 2002; Oct. 31, 2002, effective Jan. 1, 2003.) MARYLAND RULES TITLE 4. CRIMINAL CAUSES CHAPTER 600. CRIMINAL INVESTIGATIONS AND MISCELLANEOUS PROVISIONS Md. Rule 4-601 (2012) Rule 4-601. Search warrants (a) Issuance -- Authority. A search warrant may issue only as authorized by law. Title 5 of these rules does not apply to the issuance of a search warrant. Cross references. -- Code, Criminal Procedure Article, 1-203. (b) Retention of application and affidavits -- Secrecy. A judge issuing a search warrant shall note on the warrant the date of issuance and shall retain a copy of the warrant, application, and supporting affidavit. The search warrant shall be issued with all practicable secrecy. A supporting affidavit may be sealed for not more than 30 days as provided by Code, Criminal Procedure Article, 1-203(e). The warrant and application, affidavit, or other papers upon which the warrant

is based shall not be filed with the clerk until the search warrant is returned executed pursuant to section (e) of this Rule. (c) Inventory. An officer shall make and sign a written inventory of all property seized under a search warrant. At the time the search warrant is executed, a copy of the inventory together with a copy of the search warrant, application, and supporting affidavit, except an affidavit that has been sealed by order of court, shall be left with the person from whom the property is taken if the person is present or, if that person is not present, with the person apparently in charge of the premises from which the property is taken. If neither of those persons is present at the time the search warrant is executed, the copies shall be left in a conspicuous place at the premises from which the property is taken. The officer preparing the inventory shall verify it before making the return. Upon the expiration of the order sealing an affidavit, the affidavit shall be unsealed and delivered within 15 days to the person from whom the property was taken or, if that person is not present, the person apparently in charge of the premises from which the property was taken. (d) Return. An executed warrant shall be returned to the issuing judge, or if that judge is not immediately available, to another judge of the same circuit if issued by a circuit court, or of the same district if issued by the District Court, as promptly as possible and in any event within ten days after the date the search warrant is executed or within any earlier time set forth in the search warrant for its return. The return shall be accompanied by the verified inventory. A search warrant unexecuted within 15 days after its issuance shall be returned promptly to the issuing judge. (e) Executed search warrants. The judge to whom an executed search warrant is returned shall attach to the search warrant copies of the return, the inventory, and all other papers in connection with the issuance, execution, and return, including the copies retained by the issuing judge, and shall file them with the clerk of the court for the county in which the property was seized. The papers filed with the clerk shall be sealed and shall be opened for inspection only upon order of the court. The clerk shall maintain a confidential index of the search warrants. (f) Unexecuted search warrants. The judge to whom an unexecuted search warrant is returned may destroy the search warrant and related papers or make any other disposition the judge deems proper. (g) Inspection of warrant, inventory, and other papers. Upon application filed by a person from whom or from whose premises property is taken under a search warrant or by a person having an interest in the property or by a person aggrieved by a search or seizure, the court of the county in which the search warrant is filed shall order that the warrant, inventory, and other related papers filed be made available to the person or to that person's attorney for inspection and copying. Upon the filing of the application, the court may order that notice thereof be given to the State's Attorney. (h) Contempt. Except for disclosures required for the execution of a search warrant or directed by this Rule or by order of court issued pursuant to this Rule, a person who discloses before its execution that a search warrant has been applied for or issued, or a public officer or employee who discloses after its execution the contents of a search warrant or the contents of any other paper filed with it, may be prosecuted for criminal contempt of court.

HISTORY: (Amended June 28, 1988, effective July 1, 1988; June 28, 1989, effective July 1, 1989; Dec. 15, 1993, effective July 1, 1994; Jan. 8, 2002, effective Feb. 1, 2002.) MARYLAND RULES TITLE 4. CRIMINAL CAUSES CHAPTER 600. CRIMINAL INVESTIGATIONS AND MISCELLANEOUS PROVISIONS Md. Rule 4-611 (2012) Rule 4-611. Interception of wire or oral communications An application for an ex parte order to authorize or approve interception of wire or oral communications, and the issuance, extension, or renewal of any such order, shall be in strict conformance with all applicable federal and state statutes. MARYLAND RULES TITLE 4. CRIMINAL CAUSES CHAPTER 600. CRIMINAL INVESTIGATIONS AND MISCELLANEOUS PROVISIONS Md. Rule 4-621 (2012) Rule 4-621. Correction of clerical mistakes Clerical mistakes in judgments, orders, or other parts of the record may be corrected by the court at any time on its own initiative, or on motion of any party after such notice, if any, as the court orders. During the pendency of an appeal, such mistakes may be so corrected before the appeal is docketed by the appellate court, and thereafter with leave of the appellate court. MARYLAND RULES TITLE 4. CRIMINAL CAUSES CHAPTER 600. CRIMINAL INVESTIGATIONS AND MISCELLANEOUS PROVISIONS Md. Rule 4-631 (2012) Rule 4-631. Compelling testimony or documents on the condition of immunity (a) Requested by State. In any proceeding under this Title, before a grand jury, or pursuant to Code, Criminal Procedure Article, 14-110 or 15-108, if a witness lawfully refuses to answer or to provide other information on the basis of the privilege against self incrimination, the court, when authorized by law, shall compel the witness to answer or otherwise provide information if: (1) The State's Attorney requests in writing or on the record that the court order the witness to answer or otherwise provide information, notwithstanding the witness' claim of privilege; and (2) The court informs the witness of the scope of the immunity the witness will receive as

provided by the appropriate statute. (b) Order of court. The court shall enter its order compelling testimony in writing or on the record. HISTORY: (Amended Oct. 31, 2002, effective Jan. 1, 2003; June 16, 2009, effective June 17, 2009.) MARYLAND RULES TITLE 4. CRIMINAL CAUSES CHAPTER 600. CRIMINAL INVESTIGATIONS AND MISCELLANEOUS PROVISIONS Md. Rule 4-632 (2012) Rule 4-632. Record of assertion of spousal privilege The clerk shall maintain a record of each occasion on which an alleged victim of an assault in any degree asserts the testimonial privilege permitted by Code, Courts Article, 9-106. (Adopted June 8, 1998, effective Oct. 1, 1998.) MARYLAND RULES TITLE 4. CRIMINAL CAUSES CHAPTER 600. CRIMINAL INVESTIGATIONS AND MISCELLANEOUS PROVISIONS Md. Rule 4-641 (2012) Rule 4-641. Criminal investigation -- Applicability Rules 4-641 through 4-644 apply to circuit court procedures relating to criminal investigations. "Criminal investigation" means inquiries into alleged criminal activities conducted by (a) a grand jury, (b) a State's Attorney pursuant to Code, Criminal Procedure Article, 15-108, or (c) the State Prosecutor pursuant to Code, Criminal Procedure Article, 14-110. Title 5 of these rules does not apply to circuit court procedures relating to criminal investigations. HISTORY: (Amended Dec. 15, 1993, effective July 1, 1994; June 16, 2009, effective June 17, 2009.) MARYLAND RULES TITLE 4. CRIMINAL CAUSES CHAPTER 600. CRIMINAL INVESTIGATIONS AND MISCELLANEOUS PROVISIONS Md. Rule 4-642 (2012) Rule 4-642. Secrecy (a) Court records. Files and records of the court pertaining to criminal investigations shall be sealed and shall be open to inspection only by order of the court.

(b) Hearings. Hearings before the court relating to the conduct of criminal investigations shall be on the record and shall be conducted out of the presence of all persons except those whose presence is necessary. (c) Grand jury -- Who may be present. (1) While the grand jury is in session. The following persons may be present while the grand jury is in session: one or more attorneys for the State; the witness being questioned; any court reporter appointed pursuant to Code, Courts Article, 2-503; and, when needed, interpreters, so long as an audio recording is made if the interpreter is present for a witness. (2) During deliberations and voting. No person other than the jurors, and any interpreter needed to assist a hearing-impaired or speech-impaired juror, may be present while the grand jury is deliberating or voting. (3) Appointment, oath, and compensation of interpreter. If the State's Attorney requests that an interpreter be appointed for a witness or juror in a grand jury proceeding, the court shall appoint an interpreter. Before acting as an interpreter in a grand jury proceeding, the interpreter shall make oath as provided in Rule 16-819 (d)(3). Compensation for the interpreter shall be in accordance with Code, Courts Article, 9-114. (d) Motion for disclosure. Unless disclosure of matters occurring before the grand jury is permitted by law without court authorization, a motion for disclosure of such matters shall be filed in the circuit court where the grand jury convened. If the moving party is a State's Attorney who is seeking disclosure for enforcement of the criminal law of a state or the criminal law of the United States, the hearing shall be ex parte. In all other cases, the moving party shall serve a copy of the motion upon the State's Attorney, the parties to the judicial proceeding if disclosure is sought in connection with such a proceeding, and such other persons as the court may direct. The court shall conduct a hearing if requested within 15 days after service of the motion. HISTORY: (Amended May 8, 2007, effective July 1, 2007; amended Sept. 10, 2009, effective Oct. 1, 2009.) MARYLAND RULES TITLE 4. CRIMINAL CAUSES CHAPTER 600. CRIMINAL INVESTIGATIONS AND MISCELLANEOUS PROVISIONS Md. Rule 4-643 (2012) Rule 4-643. Subpoena (a) To appear before the grand jury. Any subpoena to appear before the grand jury shall be issued: (1) by the clerk of a circuit court on request of the State's Attorney or the grand jury; or (2) by the grand jury through its foreperson or deputy foreperson. The subpoena shall contain the information required by Rule 4-266 (a).

(b) Enforcement -- Protective order. A subpoena to appear before the grand jury or pursuant to Code, Criminal Procedure Article, 14-110 or 15-108 is enforceable only in circuit court in the manner set forth in Rule 4-266 (d) and the witness or a person asserting a privilege to prevent disclosure by the witness may apply for a protective order pursuant to Rule 4-266 (c). HISTORY: (Amended Dec. 4, 2007, effective Jan. 1, 2008; June 16, 2009, effective June 17, 2009.) MARYLAND RULES TITLE 4. CRIMINAL CAUSES CHAPTER 600. CRIMINAL INVESTIGATIONS AND MISCELLANEOUS PROVISIONS Md. Rule 4-644 (2012) Rule 4-644. Record and file (a) Record of subpoena. The clerk of the circuit court shall maintain a record of each subpoena issued by the clerk in a criminal investigation and the return on it. (b) File. Upon the filing of any pleading, motion, or paper other than a witness subpoena and return, the clerk shall establish a file for the criminal investigation and designate the case as "In Re Criminal Investigation No. ......, in the Circuit Court for ..... ."

MARYLAND RULES TITLE 4. CRIMINAL CAUSES CHAPTER 700. POST CONVICTION DNA TESTING Md. Rule 4-701 (2012) Rule 4-701. Scope The Rules in this Chapter apply to proceedings filed under Code, Criminal Procedure Article, 8-201. HISTORY: (Added Sept. 10, 2009, effective Oct. 1, 2009.) MARYLAND RULES TITLE 4. CRIMINAL CAUSES CHAPTER 700. POST CONVICTION DNA TESTING Md. Rule 4-702 (2012)

Rule 4-702. Definitions In this Chapter, the terms "biological evidence," "DNA," "law enforcement agency," and "scientific identification evidence" have the meanings set forth in Code, Criminal Procedure Article, 8-201 (a). HISTORY: (Added Sept. 10, 2009, effective Oct. 1, 2009.) MARYLAND RULES TITLE 4. CRIMINAL CAUSES CHAPTER 700. POST CONVICTION DNA TESTING Md. Rule 4-703 (2012) Rule 4-703. Commencement of proceeding; venue (a) Generally. A proceeding under this Chapter is commenced by the filing of a petition under Code, Criminal Procedure Article, 8-201 by a person who: (1) was convicted of a violation of one or more of the following sections of Code, Criminal Law Article: 2-201, 2-204, 2-207, 3-303, 3-304, 3-305, and 3-306; and (2) seeks (A) DNA testing of scientific identification evidence that (i) the State either possesses or may acquire, on its own initiative or by court order, from a third party and (ii) is related to the judgment of conviction, or (B) a search by a law enforcement agency of a law enforcement database or log for the purpose of identifying the source of physical evidence used for DNA testing. (b) Venue. The petition shall be filed in the criminal action in the circuit court where the charging document was filed. HISTORY: (Added Sept. 10, 2009, effective Oct. 1, 2009.) MARYLAND RULES TITLE 4. CRIMINAL CAUSES CHAPTER 700. POST CONVICTION DNA TESTING Md. Rule 4-704 (2012) Rule 4-704. Petition (a) Content. (1) In general. Each petition shall state:

(A) the petitioner's name and, if applicable, place of confinement and inmate identification number; (B) the court in which the charging document was filed, the date and place of trial, each offense of which the petitioner was convicted, and the sentence imposed for each offense; (C) a description of all previous proceedings in the case, including direct appeals, motions for new trial, habeas corpus proceedings, post-conviction proceedings, and all other collateral proceedings, including (i) the court in which each proceeding was filed, (ii) the case number of each proceeding, (iii) the determinations made in each proceeding, and (iv) the date of each determination; and (D) a statement regarding whether the petitioner is able to pay the cost of testing and to employ counsel. If indigent, the petitioner may request that the court appoint counsel. (2) Request for DNA testing. If the request is for DNA testing of scientific identification evidence, the petition shall contain: (A) a description of the specific scientific identification evidence that the petitioner seeks to have tested; (B) a statement of the factual basis for the claims that (i) the State possesses that evidence or is able to acquire it from a third party on its own initiative or by court order, (ii) the evidence is related to the conviction, including a concise description of how the evidence is related to the conviction, and (iii) a reasonable probability exists that the requested DNA testing has the scientific potential to produce exculpatory or mitigating evidence relevant to a claim of wrongful conviction or sentencing; and (C) to the extent known: (i) a description of the type of DNA testing the petitioner seeks to employ and (ii) a statement of the basis for a claim that the DNA testing method has achieved general acceptance within the relevant scientific community. (3) Request for search of law enforcement database or log. If the request is for a search of a law enforcement agency database or log for the purpose of identifying the source of physical evidence used for DNA testing, the petition shall: (A) identify with particularity the law enforcement agency whose database or log is to be searched; and (B) state the factual basis for any claim that there is a reasonable probability that a search of the database or log will produce exculpatory or mitigating evidence relevant to a claim of wrongful conviction or sentencing or will identify the source of physical evidence used for DNA testing of a law enforcement database or log. Committee note. -- A petition filed by an unrepresented petitioner may be lacking in some of the details required by subsections (a)(2) and (3) of this Rule. To justify an order requiring DNA testing or a search of law enforcement databases or logs, however, those details must be provided

at some point. That may be achieved by the appointment of counsel under Rule 4-707 and an appropriate amendment to the petition. See Simms v. State, -- Md. -- (No. 97, September Term 2008, filed July 24, 2009). (b) Amendment. Amendments to the petition shall be freely allowed in order to do substantial justice. If an amendment is made, the court shall allow the State a reasonable opportunity to respond to the amendment. (c) Withdrawal. On motion of a petitioner, the court may grant leave for the petitioner to withdraw a petition. If the motion is filed before the court orders DNA testing or a search of a law enforcement agency DNA database or log, the leave to withdraw shall be without prejudice. If such an order has been issued, the leave to withdraw shall be with prejudice unless the court, for good cause, orders otherwise. HISTORY: (Added Sept. 10, 2009, effective Oct. 1, 2009.) MARYLAND RULES TITLE 4. CRIMINAL CAUSES CHAPTER 700. POST CONVICTION DNA TESTING Md. Rule 4-705 (2012) Rule 4-705. Notice of petition (a) To State's Attorney. Upon receipt of a petition, the clerk promptly shall forward a copy of it to the State's Attorney and the county administrative judge. If the petition seeks a search of the DNA database or log of an identified law enforcement agency, the State's Attorney shall send a copy of the petition to that law enforcement agency. (b) To Public Defender. If the petition alleges that the petitioner is unable to pay the costs of testing or to employ counsel, the clerk shall promptly forward a copy of the petition to the Collateral Review Division of the Office of the Public Defender. HISTORY: (Added Sept. 10, 2009, effective Oct. 1, 2009; amended June 7, 2011, effective July 1, 2011; Sept. 8, 2011, effective Oct. 1, 2011.) MARYLAND RULES TITLE 4. CRIMINAL CAUSES CHAPTER 700. POST CONVICTION DNA TESTING Md. Rule 4-706 (2012) Rule 4-706. Answer; motion to transfer (a) Duty to file. The State's Attorney shall file an answer to the petition or a motion to transfer based on improper venue.

(b) Motion to transfer. (1) Time for filing. A motion to transfer shall be filed no later than 30 days after the State's Attorney receives notice of the petition. (2) Content. A statement of facts establishing proper venue, including the case number of the case in which the judgment of conviction was entered, shall be attached to the motion to transfer. (3) Determination; transfer. The court promptly shall grant or deny the motion to transfer. If the court grants the motion, the court shall transfer the action to the circuit court of the county where the petition should have been filed. (4) Notice of transfer. If an action is transferred pursuant to subsection (b)(3) of this Rule, the clerk of the receiving court promptly shall comply with the notice requirements of Rule 4-705. (c) Answer. (1) Time for filing. The answer shall be filed no later than the later of 60 days after the State's Attorney receives notice of the filing or transfer of the petition or 60 days after the court denies a motion to transfer. If an answer is not filed within the time required by this Rule or an extended time allowed by the court, the court shall take such action as it deems appropriate. Cross references. -- For extension of time requirements, see Rule 1-204. (2) Content. The answer shall state or contain: (A) whether the specific scientific identification evidence that the petitioner desires to have tested exists and, if so, the location of the evidence, the name and business address of the custodian of the evidence, whether the evidence is appropriate for DNA testing, and if not, the reasons why it is not appropriate for DNA testing; (B) if the State asserts that it has been unable to locate the evidence, an affidavit containing a detailed description of all steps it took to locate the evidence, including (i) a description of all law enforcement records, databases, and logs that were searched, (ii) a description and documentation of when and how the searches were conducted, and (iii) the names and business addresses of the persons who conducted them; (C) if the State asserts that the evidence has been destroyed, an affidavit (i) containing a description and documentation of all relevant protocols and legal requirements pertaining to the destruction of the evidence, and (ii) stating whether the evidence was destroyed in conformance with those protocols and legal requirements and, (a) if so, providing documentation of that fact, and, (b) if not, stating the reasons for non-compliance with the protocols or legal requirements; and (D) a response to each allegation in the petition.

(d) Service. The State's Attorney shall serve a copy of the answer or motion to transfer on the petitioner and, if the petitioner alleges an inability to pay the costs of testing or to employ counsel, on the Collateral Review Division of the Office of the Public Defender. HISTORY: (Added Sept. 10, 2009, effective Oct. 1, 2009; amended June 7, 2011, effective July 1, 2011; Sept. 8, 2011, effective Oct. 1, 2011.)

MARYLAND RULES TITLE 4. CRIMINAL CAUSES CHAPTER 700. POST CONVICTION DNA TESTING Md. Rule 4-707 (2012) Rule 4-707. Denial of petition; appointment of counsel (a) Denial of petition. Upon consideration of the State's answer, the court may deny the petition if it finds as a matter of law that (1) the petitioner has no standing or (2) the facts alleged in the petition do not entitle the petitioner to relief. (b) Appointment of counsel. If the court finds that a petitioner who has requested the appointment of counsel is indigent, the court shall appoint counsel within 30 days after the State has filed its answer unless (1) the court denies the petition as a matter of law or (2) counsel has already filed an appearance to represent the petitioner. HISTORY: (Added Sept. 10, 2009, effective Oct. 1, 2009.) MARYLAND RULES TITLE 4. CRIMINAL CAUSES CHAPTER 700. POST CONVICTION DNA TESTING Md. Rule 4-708 (2012) Rule 4-708. Response to answer The petitioner may file a response to the answer no later than 60 days after the later of service of the State's answer or entry of an order appointing counsel pursuant to Rule 4-707. The response may (1) challenge the adequacy or the accuracy of the answer, (2) request that a search of other law enforcement agency databases or logs be conducted for the purpose of identifying the source of physical evidence used for DNA testing, and (3) be accompanied by an amendment to the petition. The petitioner shall serve the response on the State's Attorney. HISTORY: (Added Sept. 10, 2009, effective Oct. 1, 2009.) MARYLAND RULES

TITLE 4. CRIMINAL CAUSES CHAPTER 700. POST CONVICTION DNA TESTING Md. Rule 4-709 (2012) Rule 4-709. Hearing; procedure if no hearing (a) When required. Except as otherwise provided in subsection (b)(2) of this Rule, the court shall hold a hearing if, from the petition, answer, and any response, the court finds that the petitioner has standing to file the petition and the petition is filed in the appropriate court, and finds one of the following: (1) specific scientific identification evidence exists or may exist that is related to the judgment of conviction, a method of DNA testing of the evidence may exist that is generally accepted within the relevant scientific community, and there is or may be a reasonable probability that the testing has the scientific potential to produce exculpatory or mitigating evidence relevant to a claim of wrongful conviction or sentencing; (2) if the State contends that it has been unable to locate the evidence, there is a genuine dispute as to whether the State's search was adequate; (3) if the State contends that the evidence existed or may have existed but was destroyed, there is a genuine dispute whether the destruction was in conformance with any relevant governing protocols or was otherwise lawful; (4) the State is unable to produce scientific evidence that the State was required to preserve pursuant to Code, Criminal Procedure Article, 8-201 (i)(l); or (5) there is some other genuine dispute as to whether DNA testing or a DNA database or log search by a law enforcement agency should be ordered. (b) When not required. (1) For denial of petition. The court shall deny the petition without a hearing if it finds that: (A) the petitioner has no standing to request DNA testing or a search of a law enforcement agency DNA database or logs; or (B) as a matter of law, the facts alleged in the petition pursuant to subsections (a)(2) and (3) of Rule 4-704 do not entitle the petitioner to relief under Code, Criminal Procedure Article, 8-201. (2) For grant of petition. The court may enter an order granting the petition without a hearing if the State and the petitioner enter into a written stipulation as to DNA testing or a DNA database or log search and the court is satisfied with the contents of the stipulation. An order for DNA testing shall comply with the requirements of Rule 4-710 (a)(2)(B).

(c) When hearing is discretionary. In its discretion, the court may hold a hearing when one is not required. (d) Time of hearing. Any hearing shall be held within (1) 90 days after service of any response to the State's answer or, (2) if no response is timely filed, 120 days after service of the State's answer. (e) Written order if no hearing. If the court declines to hold a hearing, it shall enter a written order stating the reasons why no hearing is required. A copy of that order shall be served on the petitioner and the State's Attorney. HISTORY: (Added Sept. 10, 2009, effective Oct. 1, 2009.) MARYLAND RULES TITLE 4. CRIMINAL CAUSES CHAPTER 700. POST CONVICTION DNA TESTING Md. Rule 4-710 (2012) Rule 4-710. Disposition of petition after a hearing (a) DNA testing. (1) Denial of petition. The court shall deny a petition for DNA testing if it finds that: (A) the State has made an adequate search for scientific identification evidence that is related to the judgment of conviction, that no such evidence exists within its possession or within its ability to acquire from a third party on its own initiative or by court order, and that no such evidence that the State was required by law or applicable protocol to preserve was intentionally and willfully destroyed; or (B) scientific identification evidence exists but the method of testing requested by petitioner is not generally accepted in the relevant scientific community, or that there is no reasonable probability that DNA testing has the scientific potential to produce exculpatory or mitigating evidence relevant to a claim of wrongful conviction or sentencing. (2) Grant of petition. (A) Order for DNA testing. The court shall order DNA testing if (i) the State agrees to the testing, or (ii) after considering the petition, the answer by the State's Attorney, any response by the petitioner, and any evidence adduced at a hearing on the petition, the court finds that specific scientific identification evidence exists that is related to the judgment of conviction and there is a reasonable probability that the requested testing has the scientific potential to produce exculpatory or mitigating evidence relevant to a claim of wrongful conviction or sentencing. (B) Contents of order.

(i) An order for DNA testing shall: (a) designate the specific evidence to be tested; (b) specify the method of testing to be used; (c) specify the laboratory where the testing is to be performed, provided that, if the parties cannot agree on a laboratory, the court may approve testing at any laboratory accredited by the American Society of Crime Laboratory Directors, the Laboratory Accreditation Board, or the National Forensic Science Technology Center; (d) require that the laboratory send a report of the results of the testing as well as the raw data and the laboratory notes to the petitioner and the State's Attorney; and (e) contain a provision concerning the payment of the cost of the testing. (ii) An order for DNA testing also may: (a) provide for the release of biological evidence by a third party; (b) require the preservation of some of the sample for replicate testing and analysis or, if that is not possible, the preservation of some of the DNA extract for testing by the State; and (c) contain any other appropriate provisions. Cross references. -- Code, Courts Article, 10-915. (3) Inability of State to produce scientific evidence. If the State is unable to produce scientific evidence that the State was required to preserve pursuant to Code, Criminal Procedure Article, 8201 (j) or former Code, Criminal Procedure Article, 8-201 (i), and the court, after a hearing, determines that the failure to produce evidence was the result of intentional and willful destruction, the court shall: (i) if no post conviction proceeding was previously filed by the petitioner under Code, Criminal Procedure Article, 7-102, open such a proceeding; (ii) if a post conviction proceeding is currently pending, permit the petitioner to amend the petition in that proceeding in light of the court's finding; or (iii) if a post conviction proceeding was previously filed by petitioner under Code, Criminal Procedure Article, 7-102, but is no longer pending, reopen the proceeding under Code, Criminal Procedure Article, 7-104. At any such post conviction hearing, the court shall infer that the results of the post conviction DNA testing would have been favorable to the petitioner.

(b) DNA Database or log search. The court shall order a database or log search by a law enforcement agency for the purpose of identifying the source of physical evidence used for DNA testing if (i) the State agrees to the search, or (ii) after considering the petition, the answer by the State's Attorney, any response by the petitioner, and any evidence adduced at a hearing on the petition, the court finds that a reasonable probability exists that the database or log search will produce exculpatory or mitigating evidence relevant to a claim of wrongful conviction or sentencing. In all other cases, the court shall deny the petition. HISTORY: (Added Sept. 10, 2009, effective Oct. 1, 2009.) MARYLAND RULES TITLE 4. CRIMINAL CAUSES CHAPTER 700. POST CONVICTION DNA TESTING Md. Rule 4-711 (2012) Rule 4-711. Further proceedings following testing (a) If test results unfavorable to petitioner. If the test results fail to produce exculpatory or mitigating evidence relevant to a claim of wrongful conviction or sentencing, the court shall dismiss the petition and assess the cost of DNA testing against the petitioner. (b) If test results favorable to petitioner. (1) If the test results produce exculpatory or mitigating evidence relevant to a claim of wrongful conviction or sentencing, the court shall order the State to pay the costs of the testing and: (A) if no post conviction proceeding was previously filed by the petitioner under Code, Criminal Law Article, 7-102, open such a proceeding; (B) if a post conviction proceeding is currently pending, permit the petitioner to amend the petition in that proceeding; or (C) if a post conviction proceeding was previously filed by the petitioner under Code, Criminal Law Article, 7-102, reopen the proceeding under Code, Criminal Law Article, 7-104; or (D) if the court finds that a substantial possibility exists that the petitioner would not have been convicted if the DNA testing results had been known or introduced at trial, order a new trial. (2) If the court finds that (A) the test results produce exculpatory or mitigating evidence relevant to a claim of wrongful conviction or sentencing but (B) a substantial possibility does not exist that the petitioner would not have been so convicted or sentenced if the test results had been known or introduced at trial, the court may order a new trial if it also finds that such action is in the interest of justice. (3) If the court grants a new trial under subsection (b)(1)(D) or (b)(2) of this Rule, the court may

order the release of the petitioner on bond or on conditions that the court finds will reasonably assure the presence of the petitioner at trial. HISTORY: (Added Sept. 10, 2009, effective Oct. 1, 2009.) MARYLAND RULES TITLE 4. CRIMINAL CAUSES BAIL BOND FORMS Md. Rules Form 4-217.1 (2012) Form 4-217.1. Declaration of trust of real estate to secure performance of a bail bond DECLARATION OF TRUST OF REAL ESTATE TO SECURE PERFORMANCE OF A BAIL BOND STATE OF MARYLAND, The undersigned [] Defendant, [] Surety,.................................. (name) of......................................................, in order to secure (address) the performance of the bail bond annexed hereto, being first sworn (or, if Surety is a corporation, its undersigned officer being first sworn), acknowledges and declares under oath as follows: That the undersigned is the sole owner of [] a fee simple absolute, or [] a leasehold subject to an annual ground rent of $........................, in certain land and premises situate in................................. Maryland (county) and described as.......................................................... (lot, block, and subdivision or other legal description) That the undersigned is competent to execute a conveyance of said land and premises; and That the undersigned hereby holds the same in trust to the use and subject to the demand of the State of Maryland as collateral security for the performance of that bond; That the property is assessed for $...... x .8 = $.....

from which the following encumbrances should be deducted: Ground rent capitalized at %* $..... $..... $..... $..... $..... $..... $..... $..... $.....

Mortgages/Deeds of Trust totaling Federal/State Tax Liens Mechanics Liens Judgment & Other Liens Other outstanding Bail Bonds Total Encumbrances

and that the present net equity in the property is

* The capitalization rates for ground leases are: (1) 4% for leases executed from April 9, 1884 to April 5, 1888, inclusive; (2) 12% for leases created after July 1, 1982; and (3) 6% for leases created at any other time. See Code, Real Property Article, 8-110. That, if the undersigned is a body corporate, this Declaration of Trust is its act and deed and that its undersigned officer is fully authorized to execute this Declaration of Trust on its behalf. And the undersigned further declares, covenants, and undertakes not to sell, transfer, convey, assign, or encumber the land and premises or any interest therein, so long as the bail bond hereby secured remains undischarged and in full force and effect, without the consent of the court in which the bail bond is filed, it being understood that upon discharge of the bail bond the clerk of the court will execute a release in writing endorsed on the foot of this document (or by a separate Deed of Release), which may be recorded in the same manner and with like effect of a release of mortgage if this Declaration of Trust is recorded among the Land Records. ................................................(Seal) (Defendant) or..............................................(Seal) (Surety)

by.................................................. SWORN to, signed, sealed, and acknowledged before me this ..... day of ........., ....... (month(year) ) ................................................. Commissioner/Clerk/Judge of the........................................Court for....................................County/City

HISTORY: (Amended May 9, 2000, effective July 1, 2000; Nov. 1, 2001, effective Jan. 1, 2002; Nov. 12, 2003, effective Jan. 1, 2004.) MARYLAND RULES TITLE 4. CRIMINAL CAUSES BAIL BOND FORMS Md. Rules Form 4-217.2 (2012) Form 4-217.2. Bail bond (Caption) BAIL BOND KNOW ALL PERSONS BY THESE PRESENTS:

That I/we, the undersigned, jointly and severally acknowledge that I/we, our personal representatives, successors, and assigns are held and firmly bound unto the State of Maryland in the penalty sum of ....... Dollars ($......)

[] without collateral security; [] with collateral security equal in value to the greater of $ 25.00 or ......% of the penalty sum; [] with collateral security equal in value to the full penalty amount; [] with the obligation of the corporation .............. which is an insurer or other surety in the full penalty amount. To secure payment the [] defendant [] surety has [] deposited [] in cash or [] by certified check the amount of $........... [] pledged the following intangible personal property:.................... ............................................................................. [] encumbered the real estate described in the Declaration of Trust filed herewith, or in a Deed of Trust dated the .............. day of.............., (month) ......, from the undersigned surety to .........., to the use of the State of (year) Maryland. THE CONDITION OF THIS BOND IS that the defendant personally appear, as required, in any court in which the charges are pending, or in which a charging document may be filed based on the same acts or transactions, or to which the action may be transferred, removed, or, if from the District Court, appealed. IF, however, the defendant fails to perform the foregoing condition, this bond shall be forfeited forthwith for payment of the above penalty sum in accordance with law. IT IS AGREED AND UNDERSTOOD that this bond shall continue in full force and effect until discharged pursuant to Rule 4-217. AND the undersigned surety covenants that the only compensation chargeable in connection with the execution of this bond consisted of a [] fee, [] premium, [] service charge for the loan of money, or other (describe)........

............................................................................. of $..... AND the undersigned surety covenants that no collateral was or will be deposited, pledged, or encumbered directly or indirectly in favor of the surety in connection with the execution of this bond except:................. IN WITNESS WHEREOF, these presents have been executed under seal this ....... day of ........, ...... (month) (year)

........... ..... Defendant

(SEAL)................................ Address of Defendant

........... ..... Personal Surety

(SEAL)................................ Address of Surety

........... ..... Surety-Insurer

(SEAL)................................ Address of Surety-Insurer

By: ........... ... Bail Bondsman

(SEAL)................................ Power of Attorney No.

SIGNED, sealed, and acknowledged before me:

...................................... Commissioner/Clerk/Judge of the ...............................Court for ............................County/City HISTORY: (Amended Apr. 7, 1986, effective July 1, 1986; May 9, 2000, effective July 1, 2000.) MARYLAND RULES TITLE 4. CRIMINAL CAUSES FORMS FOR EXPUNGEMENT OF RECORDS Md. Rules Form 4-503.1 (2012) Form 4-503.1. Request for expungement of police record for an arrest, detention, or confinement occurring before October 1, 2007 where no charge was filed REQUEST FOR EXPUNGEMENT OF POLICE RECORD FOR AN ARREST, DETENTION, OR CONFINEMENT OCCURRING BEFORE OCTOBER 1, 2007 WHERE NO CHARGE WAS FILED To: ..................................... (law enforcement agency) ......................................... (Address) ......................................... 1. On or about ..............., ...., I was arrested, detained, or confined by

(Date) a law enforcement officer of your agency at ...................., Maryland as a result of the following incident (Specify).............................. ............................................................................. ............................................................................. ............................................................................. 2. I was released from detention or confinement on or about.............. (Date) ....., ...., without being charged with a crime. 3. I hereby request that the police record of my arrest, detention, or confinement be expunged. ................... (Date) ............................................... (Signature) ............................................... (Name -- Printed) ............................................... (Address) ............................................... ............................................... (Telephone No.) HISTORY: (Amended Jan. 20, 1999, effective July 1, 1999; Dec. 4, 2007, effective Jan. 1, 2008.)

MARYLAND RULES TITLE 4. CRIMINAL CAUSES FORMS FOR EXPUNGEMENT OF RECORDS Md. Rules Form 4-503.2 (2012) Form 4-503.2. General waiver and release GENERAL WAIVER AND RELEASE I, ..............., hereby release and forever discharge..................... (complainant) and the...................................................................., (law enforcement agency) all of its officers, agents and employees, and any and all other persons from any and all claims which I may have for wrongful conduct by reason of my arrest, detention, or confinement on or about................................ This General Waiver and Release is conditioned on the expungement of the record of my arrest, detention, or confinement and compliance with Code*, Criminal Procedure Article, 10-105, as applicable, and shall be void if these conditions are not met. WITNESS my hand and seal this ...............(Date) TESTE: ...................................... Witness ...........................................(Seal) Signature * The reference to "Code" in this General Waiver and Release is to the Annotated Code of Maryland. HISTORY: (Amended June 8, 1998, effective October 1, 1998; Jan. 8, 2002, effective Feb. 1, 2002; Dec. 4, 2007, effective Jan. 1, 2008.)

MARYLAND RULES TITLE 4. CRIMINAL CAUSES FORMS FOR EXPUNGEMENT OF RECORDS Md. Rules Form 4-503.3 (2012) Form 4-503.3. Application for expungement of police record (Caption) APPLICATION FOR EXPUNGEMENT OF POLICE RECORD 1. On or about ..............., ...., I was arrested, detained, or confined by (Date) an officer of the.........................................at .............., (law enforcement agency) Maryland as a result of the following incident............................ ............................................................................. 2. On or about ..............., ...., I was released without having been (Date) charged with a crime. 3. On or about ..............., ...., I requested the law enforcement agency (Date) to expunge my police record pertaining to the incident. 4. The above named law enforcement agency (check appropriate box): [] issued the attached Notice of Denial of Request for Expungement. [] failed to notify me of any action taken within 60 days after receipt of my Notice and Request for Expungement.

WHEREFORE, I request the Court to enter an Order of Expungement of all police records pertaining to my arrest, detention, or confinement, and all court records of these proceedings. I solemnly affirm under the penalties of perjury that the contents of this application are true to the best of my knowledge, information, and belief and that the arrest to which this application relates was not made for any nonincarcerable violation of the Vehicle Laws of the State of Maryland or any traffic law, ordinance, or regulation. ......................... (date) ............................................... (Signature) ............................................... (Name -- Printed) ............................................... (Address) ............................................... ............................................... (Telephone No.) HISTORY: (Amended Jan. 20, 1999, effective July 1, 1999.) MARYLAND RULES TITLE 4. CRIMINAL CAUSES FORMS FOR EXPUNGEMENT OF RECORDS Md. Rules Form 4-503.4 (2012) Form 4-503.4. Notice of hearing (Caption) NOTICE OF HEARING

TO THE LAW ENFORCEMENT AGENCY SERVED HEREWITH: A hearing on the foregoing Application for Expungement of Records has been set for ..................., at ....M. in the District Court for ................ (Date) City/County at ..............., Maryland, at which time an Order for Expungement of Records may be entered. If you wish to oppose the application, within 30 days after the service of this Notice of Hearing you must file and serve upon the applicant or the applicant's attorney of record an answer stating in detail your specific grounds for objection. Issued this ......... day of ................ (Month) (Year) ............................................... Clerk HISTORY: (Added Nov. 12, 2003, effective Jan. 1, 2004.) MARYLAND RULES TITLE 4. CRIMINAL CAUSES FORMS FOR EXPUNGEMENT OF RECORDS Md. Rules Form 4-504.1 (2012) Form 4-504.1. Petition for expungement of records (Caption) PETITION FOR EXPUNGEMENT OF RECORDS 1. (Check one of the following boxes) On or about (Date) [ ] arrested, [ ] served with a summons, or [ ] served with a citation by an officer of the (Law Enforcement Agency) , I was

at incident

, Maryland, as a result of the following

. 2. I was charged with the offense of 3. On or about (Date) the charge was disposed of as follows (check one of the following boxes): [] I was acquitted and either three years have passed since disposition or a General Waiver and Release is attached. [] The charge was dismissed or quashed and either three years have passed since disposition or a General Waiver and Release is attached. [] A judgment of probation before judgment was entered on a charge that is not a violation of Code*, Transportation Article, 21-902 or Code*, Criminal Law Article, 2-503, 2-504, 2-505, or 2-506, or former Code*, Article 27, 388A or 388B, and either (a) at least three years have passed since the disposition, or (b) I have been discharged from probation, whichever is later. Since the date of disposition, I have not been convicted of any crime, other than violations of vehicle or traffic laws, ordinances, or regulations not carrying a possible sentence of imprisonment; and I am not now a defendant in any pending criminal action other than for violation of vehicle or traffic laws, ordinances, or regulations not carrying a possible sentence of imprisonment. [] A Nolle Prosequi was entered and either three years have passsed since disposition or a General Waiver and Release is attached. Since the date of disposition, I have not been convicted of any crime, other than violations of vehicle or traffic laws, ordinances, or regulations not carrying a possible sentence of imprisonment; and I am not now a defendant in any pending criminal action other than for violation of vehicle or traffic laws, ordinances, or regulations not carrying a possible sentence of imprisonment. [] The proceeding was stetted and three years have passed since disposition. Since the date of disposition, I have not been convicted of any crime, other than violations of vehicle or traffic laws, ordinances, or regulations not carrying a possible sentence of imprisonment; and I am not now , .

a defendant in any pending criminal action other than for violation of vehicle or traffic laws, ordinances, or regulations not carrying a possible sentence of imprisonment. [] I was convicted of a crime specified in Code, Criminal Procedure Article, 10-105(a)(9); three years have passed since the later of the conviction or satisfactory completion of the sentence, including probation; and I am not now a defendant in any pending criminal action other than for violation of vehicle or traffic laws, ordinances, or regulations not carrying a possible sentence of imprisonment. [] The case was compromised or dismissed pursuant to Code*, Criminal Law Article, 3-207, former Code*, Article 27, 12A-5, or former Code*, Article 10, 37 and three years have passed since disposition. [] On or about , I was granted (Date) a full and unconditional pardon by the Governor for the one criminal act, not a crime of violence as defined in Code*, Criminal Law Article, 14-101 (a), of which I was convicted. Not more than ten years have passed since the Governor signed the pardon, and since the date the Governor signed the pardon I have not been convicted of any crime, other than violations of vehicle or traffic laws, ordinances, or regulations not carrying a possible sentence of imprisonment; and I am not now a defendant in any pending criminal action other than for violation of vehicle or traffic laws, ordinances, or regulations not carrying a possible sentence of imprisonment. WHEREFORE, I request the Court to enter an Order for Expungement of all police and court records pertaining to the above arrest, detention, confinement, and charges. I solemnly affirm under the penalties of perjury that the contents of this Petition are true to the best of my knowledge, information and belief, and that the charge to which this Petition relates was not made for any nonincarcerable violation of the Vehicle Laws of the State of Maryland, or any traffic law, ordinance, or regulation, nor is it part of a unit the expungement of which is precluded under Code*, Criminal Procedure Article, 10-107.

(Date)

Signature

(Address)

(Telephone No.) * References to "Code" in this Petition are to the Annotated Code of Maryland. HISTORY: (Amended June 28, 1988, effective July 1, 1988; June 8, 1998, effective Oct. 1, 1998; Jan. 20, 1999, effective July 1, 1999; Oct. 5, 1999; Jan. 8, 2002, effective Feb. 1, 2002; Oct. 31, 2002, effective Jan. 1, 2003; Nov. 12, 2003, effective Jan. 1, 2004; April 5, 2005, effective July 1, 2005; amended Nov. 8, 2005, effective Jan. 1, 2006; Feb. 10, 2009, effective May 1, 2009.) MARYLAND RULES TITLE 4. CRIMINAL CAUSES FORMS FOR EXPUNGEMENT OF RECORDS Md. Rules Form 4-504.3 (2012) Form 4-504.3. Petition for expungement of records (pardon) Rescinded. MARYLAND RULES TITLE 4. CRIMINAL CAUSES FORMS FOR EXPUNGEMENT OF RECORDS Md. Rules Form 4-508.1 (2012) Form 4-508.1. Order for expungement of records (Caption) ORDER FOR EXPUNGEMENT OF RECORDS Having found that (Name) of (Address) is entitled to expungement of the police records pertaining to his/her arrest, detention, or confinement on or about

(Date) at by a law enforcement officer of the (Law Enforcement Agency) and the court records in this action, it is by the Court for City/County, Maryland, this (Month) day of , (Year) Maryland,

ORDERED that the clerk forthwith shall serve a true copy of this Order on each of the parties to this proceeding; and it is further ORDERED that the clerk forthwith shall serve on each custodian of police and court records designated in this Order and on the Central Repository a copy of this Order together with a blank form of Certificate of Compliance; and it is further ORDERED that within 60 days after the entry of this Order or, if this Order is stayed, 30 days after the stay is lifted, the clerk and the following custodians of court and police records and the Central Repository shall (1) expunge all court and police records pertaining to this action or proceeding in their custody, (2) file an executed Certificate of Compliance, and (3) serve a copy of the Certificate of Compliance on the applicant/petitioner/defendant; and it is further ORDERED that the clerk and other custodians of records forthwith upon receipt of this Order if it is not stayed or notice that the stay is lifted shall remove the records from public inspection; and it is further ORDERED that this Order [] is stayed pending further order of the court. [] is not stayed.

(Custodian)

(Address)

Date

Judge

NOTICE TO APPLICANT/PETITIONER/DEFENDANT: Until a custodian of records has received a copy of this Order AND filed a Certificate of Compliance, expungement of the records in the custody of that custodian is not complete and may not be relied upon. HISTORY: (Amended June 8, 1998, effective Oct. 1, 1998; Oct. 31, 2002, effective Jan. 1, 2003; amended Nov. 8, 2005, effective Jan. 1, 2006.) MARYLAND RULES TITLE 4. CRIMINAL CAUSES FORMS FOR EXPUNGEMENT OF RECORDS Md. Rules Form 4-508.2 (2012) Form 4-508.2. Order for expungement of records Rescinded.

MARYLAND RULES TITLE 4. CRIMINAL CAUSES FORMS FOR EXPUNGEMENT OF RECORDS Md. Rules Form 4-508.3 (2012) Form 4-508.3. Certificate of compliance CERTIFICATE OF COMPLIANCE On this ......... day of ..............., .........., I have complied with (month) (year)

the Order for Expungement of Records dated ........................ entered in the above-captioned case. ..................................................... Custodian ..................................................... Signature ..................................................... Title MARYLAND RULES TITLE 4. CRIMINAL CAUSES FORMS FOR EXPUNGEMENT OF RECORDS Md. Rule 4-504.2 (2012) Rule 4-504.2. Petition for expungement of records (probation or stet disposition) Rescinded. MARYLAND RULES TITLE 5. EVIDENCE CHAPTER 100. GENERAL PROVISIONS Md. Rule 5-101 (2012) Rule 5-101. Scope

(a) Generally. Except as otherwise provided by statute or rule, the rules in this Title apply to all actions and proceedings in the courts of this State. (b) Rules inapplicable. The rules in this Title other than those relating to the competency of witnesses do not apply to the following proceedings: (1) Proceedings before grand juries; (2) Proceedings for extradition or rendition; (3) Direct contempt proceedings in which the court may act summarily; (4) Small claim actions under Rule 3-701 and appeals under Rule 7-112 (d)(2); (5) Issuance of a summons or warrant under Rule 4-212; (6) Pretrial release under Rule 4-216 or release after conviction under Rule 4-349; (7) Preliminary hearings under Rule 4-221; (8) Post-sentencing procedures under Rule 4-340; (9) Sentencing in non-capital cases under Rule 4-342; (10) Issuance of a search warrant under Rule 4-601; (11) Detention and shelter care hearings under Rule 11-112; and (12) Any other proceeding in which, prior to the adoption of the rules in this Title, the court was traditionally not bound by the common-law rules of evidence. Committee note. -- The Rules in this Chapter are not intended to limit the Court of Appeals in defining the application of the rules of evidence in sentencing proceedings in capital cases or to override specific statutory provisions regarding the admissibility of evidence in those proceedings. See, for example, Tichnell v. State, 290 Md. 43 (1981); Code, Correctional Services Article, 6112 (c). (c) Discretionary application. In the following proceedings, the court, in the interest of justice, may decline to require strict application of the rules in this Title other than those relating to the competency of witnesses: (1) The determination of questions of fact preliminary to admissibility of evidence when the issue is to be determined by the court under Rule 5-104 (a); (2) Proceedings for revocation of probation under Rule 4-347;

(3) Hearings on petitions for post-conviction relief under Rule 4-406; (4) Plenary proceedings in the Orphans' Court under Rule 6-462; (5) Waiver hearings under Rule 11-113; (6) Disposition hearings under Rule 11-115, including permanency planning hearings under Code, Courts Article, 3-823; (7) Modification hearings under Rule 11-116; (8) Catastrophic health emergency proceedings under Title 15, Chapter 1100; (9) Hearings on petitions for coram nobis under Rule 15-1206; and (10) Any other proceeding in which, prior to the adoption of the rules in this Title, the court was authorized to decline to apply the common-law rules of evidence. (d) Privileges. In all actions and proceedings, lawful privileges shall be respected. HISTORY: (Amended June 5, 1996, effective Jan. 1, 1997; April 5, 2005, effective July 1, 2005; amended Nov. 8, 2005, effective Jan. 1, 2006; Dec. 4, 2007, effective Jan. 1, 2008.) MARYLAND RULES TITLE 5. EVIDENCE CHAPTER 100. GENERAL PROVISIONS Md. Rule 5-102 (2012) Rule 5-102. Purpose and construction The rules in this Title shall be construed to secure fairness in administration, eliminate unjustifiable expense and delay, and promote the growth and development of the law of evidence to the end that the truth may be ascertained and proceedings justly determined. MARYLAND RULES TITLE 5. EVIDENCE CHAPTER 100. GENERAL PROVISIONS Md. Rule 5-103 (2012) Rule 5-103. Rulings on evidence (a) Effect of erroneous ruling. Error may not be predicated upon a ruling that admits or excludes evidence unless the party is prejudiced by the ruling, and

(1) Objection. In case the ruling is one admitting evidence, a timely objection or motion to strike appears of record, stating the specific ground of objection, if the specific ground was requested by the court or required by rule; or (2) Offer of proof. In case the ruling is one excluding evidence, the substance of the evidence was made known to the court by offer on the record or was apparent from the context within which the evidence was offered. The court may direct the making of an offer in question and answer form. Committee note. -- This Rule is not intended to preclude the making of objections or offers of proof by a motion in limine. See Prout v. State, 311 Md. 348 (1988), for special circumstances when an offer of proof is not required after the court has made a pretrial ruling excluding evidence. This Rule is also not intended to change the existing standard for harmless error in a criminal case. See Dorsey v. State, 276 Md. 638 (1976). (b) Explanation of ruling. The court may add to the ruling any statement that shows the character of the evidence, the form in which it was offered, and the objection made. (c) Hearing of jury. Proceedings shall be conducted, to the extent practicable, so as to prevent inadmissible evidence from being suggested to a jury by any means, such as making statements or offers of proof or asking questions within the hearing of the jury. MARYLAND RULES TITLE 5. EVIDENCE CHAPTER 100. GENERAL PROVISIONS Md. Rule 5-104 (2012) Rule 5-104. Preliminary questions (a) Questions of admissibility generally. Preliminary questions concerning the qualification of a person to be a witness, the existence of a privilege, or the admissibility of evidence shall be determined by the court, subject to the provisions of section (b). In making its determination, the court may, in the interest of justice, decline to require strict application of the rules of evidence, except those relating to privilege and competency of witnesses. Committee note. -- See United States v. Zolin, 491 U.S. 554 (1989) and Zaal v. State, 326 Md. 54 (1992), noting the ability of a court, upon a proper foundation, to inspect privileged material in camera. (b) Relevance conditioned on fact. When the relevance of evidence depends upon the fulfillment of a condition of fact, the court shall admit it upon, or subject to, the introduction of evidence sufficient to support a finding by the trier of fact that the condition has been fulfilled. (c) Hearing of jury. Hearings on preliminary matters shall be conducted out of the hearing of the jury when required by rule or the interests of justice.

Cross references. -- Rule 4-252. (d) Testimony by accused. The accused does not, by testifying upon a preliminary matter of admissibility, become subject to cross-examination as to other issues in the case. Committee note. -- An accused who testifies only on a preliminary matter of admissibility can be cross-examined only on that matter and as to credibility. See also Rule 5-611 (b) (2). (e) Weight and credibility. This rule does not limit the right of a party to introduce before the trier of fact evidence relevant to weight or credibility. MARYLAND RULES TITLE 5. EVIDENCE CHAPTER 100. GENERAL PROVISIONS Md. Rule 5-105 (2012) Rule 5-105. Limited admissibility When evidence is admitted that is admissible as to one party or for one purpose but not admissible as to another party or for another purpose, the court, upon request, shall restrict the evidence to its proper scope and instruct the jury accordingly MARYLAND RULES TITLE 5. EVIDENCE CHAPTER 100. GENERAL PROVISIONS Md. Rule 5-106 (2012) Rule 5-106. Remainder of or related writings or recorded statements When part or all of a writing or recorded statement is introduced by a party, an adverse party may require the introduction at that time of any other part or any other writing or recorded statement which ought in fairness to be considered contemporaneously with it. MARYLAND RULES TITLE 5. EVIDENCE CHAPTER 200. JUDICIAL NOTICE Md. Rule 5-201 (2012) Rule 5-201. Judicial notice of adjudicative facts (a) Scope of Rule. This Rule governs only judicial notice of adjudicative facts. Sections (d), (e), and (g) of this Rule do not apply in the Court of Special Appeals or the Court of Appeals.

(b) Kinds of facts. A judicially noticed fact must be one not subject to reasonable dispute in that it is either (1) generally known within the territorial jurisdiction of the trial court or (2) capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be questioned. (c) When discretionary. A court may take judicial notice, whether requested or not. (d) When mandatory. A court shall take judicial notice if requested by a party and supplied with the necessary information. (e) Opportunity to be heard. Upon timely request, a party is entitled to an opportunity to be heard as to the propriety of taking judicial notice and the tenor of the matter noticed. In the absence of prior notification, the request may be made after judicial notice has been taken. (f) Time of taking notice. Judicial notice may be taken at any stage of the proceeding. (g) Instructing jury. The court shall instruct the jury to accept as conclusive any fact judicially noticed, except that in a criminal action, the court shall instruct the jury that it may, but is not required to, accept as conclusive any judicially noticed fact adverse to the accused. MARYLAND RULES TITLE 5. EVIDENCE CHAPTER 300. PRESUMPTIONS IN CIVIL ACTIONS Md. Rule 5-301 (2012) Rule 5-301. Presumptions in civil actions (a) Effect. Unless otherwise provided by statute or by these rules, in all civil actions a presumption imposes on the party against whom it is directed the burden of producing evidence to rebut the presumption. If that party introduces evidence tending to disprove the presumed fact, the presumption will retain the effect of creating a question to be decided by the trier of fact unless the court concludes that such evidence is legally insufficient or is so conclusive that it rebuts the presumption as a matter of law. (b) Inconsistent presumptions. If two presumptions arise which conflict with each other, the court shall apply the one that is founded upon weightier considerations of policy and logic. If the underlying considerations are of equal weight, the presumptions shall be disregarded. MARYLAND RULES TITLE 5. EVIDENCE CHAPTER 300. PRESUMPTIONS IN CIVIL ACTIONS Md. Rule 5-302 (2012)

Rule 5-302. Applicability of presumption of another jurisdiction in civil actions If a presumption recognized by another jurisdiction is to be applied in a civil action in Maryland, that presumption shall have the same effect in Maryland as it has in the other jurisdiction. MARYLAND RULES TITLE 5. EVIDENCE CHAPTER 400. RELEVANCY AND ITS LIMITS Md. Rule 5-401 (2012) Rule 5-401. Definition of "relevant evidence" "Relevant evidence" means evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence. MARYLAND RULES TITLE 5. EVIDENCE CHAPTER 400. RELEVANCY AND ITS LIMITS Md. Rule 5-402 (2012) Rule 5-402. Relevant evidence generally admissible; irrelevant evidence inadmissible Except as otherwise provided by constitutions, statutes, or these rules, or by decisional law not inconsistent with these rules, all relevant evidence is admissible. Evidence that is not relevant is not admissible. MARYLAND RULES TITLE 5. EVIDENCE CHAPTER 400. RELEVANCY AND ITS LIMITS Md. Rule 5-403 (2012) Rule 5-403. Exclusion of relevant evidence on grounds of prejudice, confusion, or waste of time Although relevant, evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence. MARYLAND RULES TITLE 5. EVIDENCE CHAPTER 400. RELEVANCY AND ITS LIMITS

Md. Rule 5-404 (2012) Rule 5-404. Character evidence not admissible to prove conduct; exceptions; other crimes (a) Character evidence. (1) Prohibited uses. Subject to subsections (a)(2) and (3) of this Rule, evidence of a person's character or character trait is not admissible to prove that the person acted in accordance with the character or trait on a particular occasion. (2) Criminal and delinquency cases. Subsection (a)(2) of this Rule applies in a criminal case and in a delinquency case. For purposes of subsection (a)(2), "accused" means a defendant in a criminal case and an individual alleged to be delinquent in an action in juvenile court, and "crime" includes a delinquent act as defined by Code, Courts Article, 3-8A-01. (A) Character of accused. An accused may offer evidence of the accused's pertinent trait of character. If the evidence is admitted, the prosecution may offer evidence to rebut it. (B) Character of victim. Subject to the limitations in Rule 5-412, an accused may offer evidence of an alleged crime victim's pertinent trait of character. If the evidence is admitted, the prosecutor may offer evidence to rebut it. (C) Homicide case. In a homicide case, the prosecutor may offer evidence of the alleged victim's trait of peacefulness to rebut evidence that the victim was the first aggressor. (3) Character of witness. Evidence of the character of a witness with regard to credibility may be admitted under Rules 5-607, 5-608, and 5-609. (b) Other crimes, wrongs, or acts. Evidence of other crimes, wrongs, or acts including acts as defined by Code, Courts Article, 3-801 is not admissible to prove the character of a person in order to show action in conformity therewith. Such evidence, however, may be admissible for other purposes, such as proof of motive, opportunity, intent, preparation, common scheme or plan, knowledge, identity, or absence of mistake or accident. HISTORY: (Amended October 20, 2010, effective January 1, 2011.) MARYLAND RULES TITLE 5. EVIDENCE CHAPTER 400. RELEVANCY AND ITS LIMITS Md. Rule 5-405 (2012) Rule 5-405. Methods of proving character (a) Reputation or opinion. In all cases in which evidence of character or a trait of character of a

person is admissible, proof may be made by testimony as to reputation or by testimony in the form of an opinion. On cross-examination, inquiry is allowable into relevant specific instances of conduct. (b) Specific instances of conduct. In cases in which character or a trait of character of a person is an essential element of a charge, claim, or defense, proof may also be made of relevant specific instances of that person's conduct. MARYLAND RULES TITLE 5. EVIDENCE CHAPTER 400. RELEVANCY AND ITS LIMITS Md. Rule 5-406 (2012) Rule 5-406. Habit; routine practice Evidence of the habit of a person or of the routine practice of an organization is relevant to prove that the conduct of the person or organization on a particular occasion was in conformity with the habit or routine practice. MARYLAND RULES TITLE 5. EVIDENCE CHAPTER 400. RELEVANCY AND ITS LIMITS Md. Rule 5-407 (2012) Rule 5-407. Subsequent remedial measures (a) In general. When, after an event, measures are taken which, if in effect at the time of the event, would have made the event less likely to occur, evidence of the subsequent measures is not admissible to prove negligence or culpable conduct in connection with the event. (b) Admissibility for other purposes. This Rule does not require the exclusion of evidence of subsequent measures when offered for another purpose, such as (1) impeachment or (2) if controverted, ownership, control, or feasibility of precautionary measures. HISTORY: (Amended Nov. 12, 2003, effective Jan. 1, 2004.) MARYLAND RULES TITLE 5. EVIDENCE CHAPTER 400. RELEVANCY AND ITS LIMITS Md. Rule 5-408 (2012) Rule 5-408. Compromise and offers to compromise

(a) The following evidence is not admissible to prove the validity, invalidity, or amount of a civil claim in dispute: (1) Furnishing or offering or promising to furnish a valuable consideration for the purpose of compromising or attempting to compromise the claim or any other claim; (2) Accepting or offering to accept such consideration for that purpose; and (3) Conduct or statements made in compromise negotiations or mediation. (b) This Rule does not require the exclusion of any evidence otherwise obtained merely because it is also presented in the course of compromise negotiations or mediation. (c) Except as otherwise provided by law, evidence of a type specified in section (a) of this Rule is not excluded under this Rule when offered for another purpose, such as proving bias or prejudice of a witness, controverting a defense of laches or limitations, establishing the existence of a "Mary Carter" agreement, or proving an effort to obstruct a criminal investigation or prosecution, but exclusion is required where the sole purpose for offering the evidence is to impeach a party by showing a prior inconsistent statement. (d) When an act giving rise to criminal liability would also result in civil liability, evidence that would be inadmissible in a civil action is also inadmissible in a criminal action based on that act. HISTORY: (Amended May 9, 2000, effective July 1, 2000.) MARYLAND RULES TITLE 5. EVIDENCE CHAPTER 400. RELEVANCY AND ITS LIMITS Md. Rule 5-409 (2012) Rule 5-409. Payment of medical and similar expenses Evidence of furnishing, offering, or promising to pay medical, hospital, or similar expenses occasioned by an injury is not admissible to prove civil or criminal liability for the injury. MARYLAND RULES TITLE 5. EVIDENCE CHAPTER 400. RELEVANCY AND ITS LIMITS Md. Rule 5-410 (2012) Rule 5-410. Inadmissibility of pleas, plea discussions, and related statements (a) Generally. Except as otherwise provided in this Rule, evidence of the following is not admissible against the defendant who made the plea or was a participant in the plea discussions:

(1) a plea of guilty which was not accepted or which was later withdrawn or vacated; (2) a plea of nolo contendere, except as otherwise provided in these rules; (3) any statement made in the course of any proceedings under Rule 4-243 or comparable state or federal procedure regarding a plea specified in subsection (a) (1) or (a) (2) of this Rule, except in a criminal proceeding for perjury or false statement if the statement was made by the defendant under oath and on the record; or (4) any statement made in the course of plea discussions with an attorney for the prosecuting authority which do not result in a plea of guilty or nolo contendere or which result in a plea of guilty or nolo contendere which was not accepted or was later withdrawn or vacated. (b) Exceptions. (1) A statement of a type specified in subsections (a) (3) or (a) (4) of this Rule is not excluded under this Rule in any proceeding wherein another statement made in the course of the same plea or plea discussions has been introduced and the statement ought in fairness be considered with it; (2) A statement of the type specified in subsection (a) (3) of this Rule may be admissible in a subsequent civil proceeding as a prior inconsistent statement, if offered to attack the credibility of the person who made the statement. (c) Definition. For purposes of this Rule, a guilty plea that is the subject of an appeal from the District Court to the circuit court is not considered withdrawn or vacated. HISTORY: (Amended June 5, 1996, effective Jan. 1, 1997.) MARYLAND RULES TITLE 5. EVIDENCE CHAPTER 400. RELEVANCY AND ITS LIMITS Md. Rule 5-411 (2012) Rule 5-411. Liability insurance Evidence that a person was or was not insured against liability is not admissible upon the issue whether the person acted negligently or otherwise wrongfully. This Rule does not require the exclusion of evidence of insurance against liability when offered for another purpose, such as proof of agency, ownership, or control, or bias or prejudice of a witness. MARYLAND RULES TITLE 5. EVIDENCE CHAPTER 400. RELEVANCY AND ITS LIMITS

Md. Rule 5-412 (2012) Rule 5-412. Sex offense cases; relevance of victim's past behavior In prosecutions for any sex offense under Code, Criminal Law Article, Title 3, Subtitle 3 or a lesser included crime; the sexual abuse of a minor under Code, Criminal Law Article, 3-602 or a lesser included crime; or the sexual abuse of a vulnerable adult under Code, Criminal Law Article, 3-604 or a lesser included crime, admissibility of evidence relating to the victim's sexual history is governed by Code, Criminal Law Article, 3-319. HISTORY: (Amended Oct. 31, 2002, effective Jan. 1, 2003; Nov. 12, 2003, effective Jan. 1, 2004.) MARYLAND RULES TITLE 5. EVIDENCE CHAPTER 600. WITNESSES Md. Rule 5-601 (2012) Rule 5-601. General rule of competency Except as otherwise provided by law, every person is competent to be a witness. MARYLAND RULES TITLE 5. EVIDENCE CHAPTER 600. WITNESSES Md. Rule 5-602 (2012) Rule 5-602. Lack of personal knowledge Except as otherwise provided by Rule 5-703, a witness may not testify to a matter unless evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter. Evidence to prove personal knowledge may, but need not, consist of the witness's own testimony. MARYLAND RULES TITLE 5. EVIDENCE CHAPTER 600. WITNESSES Md. Rule 5-603 (2012) Rule 5-603. Oath or affirmation Before testifying, a witness shall be required to declare that the witness will testify truthfully.

The declaration shall be by oath or affirmation administered either in the form specified by Rule 1303 or, in special circumstances, in some other form of oath or affirmation calculated to impress upon the witness the duty to tell the truth. MARYLAND RULES TITLE 5. EVIDENCE CHAPTER 600. WITNESSES Md. Rule 5-604 (2012) Rule 5-604. Interpreters Deleted. MARYLAND RULES TITLE 5. EVIDENCE CHAPTER 600. WITNESSES Md. Rule 5-605 (2012) Rule 5-605. Competency of judge as witness The judge presiding at the trial may not testify in that trial as a witness. No objection need be made in order to preserve the point. HISTORY: (Amended December 2, 2004, effective July 1, 2005; June 7, 2011, effective July 1, 2011.) MARYLAND RULES TITLE 5. EVIDENCE CHAPTER 600. WITNESSES Md. Rule 5-606 (2012) Rule 5-606. Competency of juror as witness (a) At the trial. A member of a jury may not testify as a witness before that jury in the trial of the case in which the sworn juror is sitting. If the sworn juror is called to testify, the opposing party shall be afforded an opportunity to object out of the presence of the jury. (b) Inquiry into validity of verdict. (1) In any inquiry into the validity of a verdict, a sworn juror may not testify as to (A) any matter or statement occurring during the course of the jury's deliberations, (B) the effect of anything upon that or any other sworn juror's mind or emotions as influencing the sworn juror to assent or dissent from the verdict, or (C) the sworn juror's mental processes in connection with the verdict.

(2) A sworn juror's affidavit or evidence of any statement by the juror concerning a matter about which the juror would be precluded from testifying may not be received for these purposes. (3) Notes made under Rule 2-521 (a) or Rule 4-326 (a) may not be used to impeach a verdict. (c) "Verdict" defined. For purposes of this Rule, "verdict" means (1) a verdict returned by a trial jury or (2) a sentence returned by a trial jury in a sentencing proceeding conducted pursuant to Code, Criminal Law Article, 2-303 or 2-304. HISTORY: (Amended June 7, 1994, effective Oct. 1, 1994; Oct. 31, 2002, effective Jan. 1, 2003; Nov. 12, 2003, effective Jan. 1, 2004; Dec. 4, 2007, effective Jan. 1, 2008.) MARYLAND RULES TITLE 5. EVIDENCE CHAPTER 600. WITNESSES Md. Rule 5-607 (2012) Rule 5-607. Who may impeach The credibility of a witness may be attacked by any party, including the party calling the witness. MARYLAND RULES TITLE 5. EVIDENCE CHAPTER 600. WITNESSES Md. Rule 5-608 (2012) Rule 5-608. Evidence of character of witness for truthfulness or untruthfulness (a) Impeachment and rehabilitation by character witnesses. (1) Impeachment by a character witness. In order to attack the credibility of a witness, a character witness may testify (A) that the witness has a reputation for untruthfulness, or (B) that, in the character witness's opinion, the witness is an untruthful person. (2) Rehabilitation by a character witness. After the character for truthfulness of a witness has been attacked, a character witness may testify (A) that the witness has a good reputation for truthfulness or (B) that, in the character witness's opinion, the witness is a truthful person. (3) Limitations on character witness's testimony. (A) A character witness may not testify to an opinion as to whether a witness testified truthfully in the action.

(B) On direct examination, a character witness may give a reasonable basis for testimony as to reputation or an opinion as to the character of the witness for truthfulness or untruthfulness, but may not testify to specific instances of truthfulness or untruthfulness by the witness. (4) Impeachment of a character witness. The court may permit a character witness to be crossexamined about specific instances in which a witness has been truthful or untruthful or about prior convictions of the witness as permitted by Rule 5-609. Upon objection, however, the court may permit the inquiry only if (A) the questioner, outside the hearing of the jury, establishes a reasonable factual basis for asserting that the prior instances occurred or that the convictions exist, and (B) the prior instances or convictions are relevant to the witness's reputation or to the character witness's opinion, as appropriate. (b) Impeachment by examination regarding witness's own prior conduct not resulting in convictions. The court may permit any witness to be examined regarding the witness's own prior conduct that did not result in a conviction but that the court finds probative of a character trait of untruthfulness. Upon objection, however, the court may permit the inquiry only if the questioner, outside the hearing of the jury, establishes a reasonable factual basis for asserting that the conduct of the witness occurred. The conduct may not be proved by extrinsic evidence. (c) Effect on privilege against self-incrimination. The giving of testimony, whether by an accused or by any other witness, does not operate as a waiver of the witness's privilege against selfincrimination when examined with respect to matters which relate only to credibility. MARYLAND RULES TITLE 5. EVIDENCE CHAPTER 600. WITNESSES Md. Rule 5-609 (2012) Rule 5-609. Impeachment by evidence of conviction of crime (a) Generally. For the purpose of attacking the credibility of a witness, evidence that the witness has been convicted of a crime shall be admitted if elicited from the witness or established by public record during examination of the witness, but only if (1) the crime was an infamous crime or other crime relevant to the witness's credibility and (2) the court determines that the probative value of admitting this evidence outweighs the danger of unfair prejudice to the witness or the objecting party. Cross references. -- Code, Courts Article, 10-905. Committee note. -- The requirement that the conviction, when offered for purposes of impeachment, be brought out during examination of the witness is for the protection of the witness. It does not apply to impeachment by evidence of prior conviction of a hearsay declarant who does not testify. (b) Time limit. Evidence of a conviction is not admissible under this Rule if a period of more than

15 years has elapsed since the date of the conviction. (c) Other limitations. Evidence of a conviction otherwise admissible under section (a) of this Rule shall be excluded if: (1) the conviction has been reversed or vacated; (2) the conviction has been the subject of a pardon; or (3) an appeal or application for leave to appeal from the judgment of conviction is pending, or the time for noting an appeal or filing an application for leave to appeal has not expired. (d) Effect of plea of nolo contendere. For purposes of this Rule, "conviction" includes a plea of nolo contendere followed by a sentence, whether or not the sentence is suspended. HISTORY: (Amended Dec. 4, 2007, effective Jan. 1, 2008.) MARYLAND RULES TITLE 5. EVIDENCE CHAPTER 600. WITNESSES Md. Rule 5-610 (2012) Rule 5-610. Religious beliefs or opinions Evidence of the beliefs or opinions of a witness on matters of religion is not admissible for the purpose of showing that by reason of their nature the witness's credibility is impaired or enhanced, except that such evidence may be admissible to show interest or bias. MARYLAND RULES TITLE 5. EVIDENCE CHAPTER 600. WITNESSES Md. Rule 5-611 (2012) Rule 5-611. Mode and order of interrogation and presentation: control by court; scope of crossexamination; leading questions (a) Control by court. The court shall exercise reasonable control over the mode and order of interrogating witnesses and presenting evidence so as to (1) make the interrogation and presentation effective for the ascertainment of the truth, (2) avoid needless consumption of time, and (3) protect witnesses from harassment or undue embarrassment. (b) Scope of cross-examination. (1) Except as provided in subsection (b) (2), cross-examination should be limited to the subject

matter of the direct examination and matters affecting the credibility of the witness. Except for the cross-examination of an accused who testifies on a preliminary matter, the court may, in the exercise of discretion, permit inquiry into additional matters as if on direct examination. (2) An accused who testifies on a non-preliminary matter may be cross-examined on any matter relevant to any issue in the action. (c) Leading questions. The allowance of leading questions rests in the discretion of the trial court. Ordinarily, leading questions should not be allowed on the direct examination of a witness except as may be necessary to develop the witness's testimony. Ordinarily, leading questions should be allowed (1) on cross-examination or (2) on the direct examination of a hostile witness, an adverse party, or a witness identified with an adverse party. MARYLAND RULES TITLE 5. EVIDENCE CHAPTER 600. WITNESSES Md. Rule 5-612 (2012) Rule 5-612. Writing or other item used to refresh memory If, while testifying, a witness uses a writing or other item to refresh memory, any party is entitled to inspect it, to examine the witness about it, and to introduce in evidence those portions which relate to the testimony of the witness for the limited purpose of impeaching the witness as to whether the item in fact refreshes the witness's recollection. MARYLAND RULES TITLE 5. EVIDENCE CHAPTER 600. WITNESSES Md. Rule 5-613 (2012) Rule 5-613. Prior statements of witnesses (a) Examining witness concerning prior statement. A party examining a witness about a prior written or oral statement made by the witness need not show it to the witness or disclose its contents at that time, provided that before the end of the examination (1) the statement, if written, is disclosed to the witness and the parties, or if the statement is oral, the contents of the statement and the circumstances under which it was made, including the persons to whom it was made, are disclosed to the witness and (2) the witness is given an opportunity to explain or deny it. (b) Extrinsic evidence of prior inconsistent statement of witness. Unless the interests of justice otherwise require, extrinsic evidence of a prior inconsistent statement by a witness is not admissible under this Rule (1) until the requirements of section (a) have been met and the witness has failed to admit having made the statement and (2) unless the statement concerns a noncollateral matter.

MARYLAND RULES TITLE 5. EVIDENCE CHAPTER 600. WITNESSES Md. Rule 5-614 (2012) Rule 5-614. Calling and interrogation of witness by court (a) Calling by court. After giving the parties a reasonable opportunity to object outside the presence of the jury, the court, where justice so requires, may call persons as court witnesses on its own initiative or on the request of a party. All parties are entitled to cross-examine witnesses called by the court. (b) Interrogation by court. The court may interrogate any witness. In jury trials the court's questioning must be cautiously guarded so as not to comment on the evidence or convey the court's opinion of the witness's credibility. MARYLAND RULES TITLE 5. EVIDENCE CHAPTER 600. WITNESSES Md. Rule 5-615 (2012) Rule 5-615. Exclusion of witnesses (a) In general. Except as provided in sections (b) and (c) of this Rule, upon the request of a party made before testimony begins, the court shall order witnesses excluded so that they cannot hear the testimony of other witnesses. When necessary for proper protection of the defendant in a criminal action, an identification witness may be excluded before the defendant appears in open court. The court may order the exclusion of a witness on its own initiative or upon the request of a party at any time. The court may continue the exclusion of a witness following the testimony of that witness if a party represents that the witness is likely to be recalled to give further testimony. Cross references. -- For circumstances when the exclusion of a witness may be inappropriate, see Tharp v. State, 362 Md. 77 (2000). (b) Witnesses not to be excluded. A court shall not exclude pursuant to this Rule (1) a party who is a natural person, (2) an officer or employee of a party that is not a natural person designated as its representative by its attorney, (3) an expert who is to render an opinion based on testimony given at the trial,

(4) a person whose presence is shown by a party to be essential to the presentation of the party's cause, such as an expert necessary to advise and assist counsel, or (5) a victim of a crime or a delinquent act, including any representative of such a deceased or disabled victim to the extent required by statute. Cross references. -- Code, Courts Article, 3-8A-13; Criminal Procedure Article, 11-102 and 11-302; Rule 4-231. (c) Permissive non-exclusion. The court may permit a child witness's parents or another person having a supportive relationship with the child to remain in court during the child's testimony. (d) Nondisclosure. (1) A party or an attorney may not disclose to a witness excluded under this Rule the nature, substance, or purpose of testimony, exhibits, or other evidence introduced during the witness's absence. (2) The court may, and upon request of a party shall, order the witness and any other persons present in the courtroom not to disclose to a witness excluded under this Rule the nature, substance, or purpose of testimony, exhibits, or other evidence introduced during the witness's absence. (e) Exclusion of testimony. The court may exclude all or part of the testimony of the witness who receives information in violation of this Rule. HISTORY: (Amended Jan. 20, 1999, effective July 1, 1999; Jan. 8, 2002, effective Feb. 1, 2002; May 8, 2007, effective July 1, 2007.) MARYLAND RULES TITLE 5. EVIDENCE CHAPTER 600. WITNESSES Md. Rule 5-616 (2012) Rule 5-616. Impeachment and rehabilitation -- Generally (a) Impeachment by inquiry of the witness. The credibility of a witness may be attacked through questions asked of the witness, including questions that are directed at: (1) Proving under Rule 5-613 that the witness has made statements that are inconsistent with the witness's present testimony; (2) Proving that the facts are not as testified to by the witness; (3) Proving that an opinion expressed by the witness is not held by the witness or is otherwise not

worthy of belief; (4) Proving that the witness is biased, prejudiced, interested in the outcome of the proceeding, or has a motive to testify falsely; (5) Proving lack of personal knowledge or weaknesses in the capacity of the witness to perceive, remember, or communicate; or (6) Proving the character of the witness for untruthfulness by (i) establishing prior bad acts as permitted under Rule 5-608 (b) or (ii) establishing prior convictions as permitted under Rule 5609. (b) Extrinsic impeaching evidence. (1) Extrinsic evidence of prior inconsistent statements may be admitted as provided in Rule 5-613 (b). (2) Other extrinsic evidence contradicting a witness's testimony ordinarily may be admitted only on non-collateral matters. In the court's discretion, however, extrinsic evidence may be admitted on collateral matters. (3) Extrinsic evidence of bias, prejudice, interest, or other motive to testify falsely may be admitted whether or not the witness has been examined about the impeaching fact and has failed to admit it. (4) Extrinsic evidence of a witness's lack of personal knowledge or weaknesses in the capacity of the witness to perceive, remember, or communicate may be admitted if the witness has been examined about the impeaching fact and has failed to admit it, or as otherwise required by the interests of justice. (5) Extrinsic evidence of the character of a witness for untruthfulness may be admitted as provided in Rule 5-608. (6) Extrinsic evidence of prior convictions may be admitted as provided by Rule 5-609. (7) Extrinsic evidence may be admitted to show that prior consistent statements offered under subsection (c) (2) of this Rule were not made. (c) Rehabilitation. A witness whose credibility has been attacked may be rehabilitated by: (1) Permitting the witness to deny or explain impeaching facts, except that a witness who has been impeached by prior conviction may not deny guilt of the earlier crime; (2) Except as provided by statute, evidence of the witness's prior statements that are consistent with the witness's present testimony, when their having been made detracts from the impeachment;

(3) Evidence through other witnesses of the impeached witness's character for truthfulness, as provided in Rule 5-608 (a); or (4) Other evidence that the court finds relevant for the purpose of rehabilitation. MARYLAND RULES TITLE 5. EVIDENCE CHAPTER 700. OPINIONS AND EXPERT TESTIMONY Md. Rule 5-701 (2012) Rule 5-701. Opinion testimony by lay witnesses If the witness is not testifying as an expert, the witness's testimony in the form of opinions or inferences is limited to those opinions or inferences which are (1) rationally based on the perception of the witness and (2) helpful to a clear understanding of the witness's testimony or the determination of a fact in issue. MARYLAND RULES TITLE 5. EVIDENCE CHAPTER 700. OPINIONS AND EXPERT TESTIMONY Md. Rule 5-702 (2012) Rule 5-702. Testimony by experts Expert testimony may be admitted, in the form of an opinion or otherwise, if the court determines that the testimony will assist the trier of fact to understand the evidence or to determine a fact in issue. In making that determination, the court shall determine (1) whether the witness is qualified as an expert by knowledge, skill, experience, training, or education, (2) the appropriateness of the expert testimony on the particular subject, and (3) whether a sufficient factual basis exists to support the expert testimony. MARYLAND RULES TITLE 5. EVIDENCE CHAPTER 700. OPINIONS AND EXPERT TESTIMONY Md. Rule 5-703 (2012) Rule 5-703. Bases of opinion testimony by experts (a) In general. The facts or data in the particular case upon which an expert bases an opinion or inference may be those perceived by or made known to the expert at or before the hearing. If of a type reasonably relied upon by experts in the particular field in forming opinions or inferences upon the subject, the facts or data need not be admissible in evidence.

(b) Disclosure to jury. If determined to be trustworthy, necessary to illuminate testimony, and unprivileged, facts or data reasonably relied upon by an expert pursuant to section (a) may, in the discretion of the court, be disclosed to the jury even if those facts and data are not admissible in evidence. Upon request, the court shall instruct the jury to use those facts and data only for the purpose of evaluating the validity and probative value of the expert's opinion or inference. (c) Right to challenge expert. This Rule does not limit the right of an opposing party to crossexamine an expert witness or to test the basis of the expert's opinion or inference. MARYLAND RULES TITLE 5. EVIDENCE CHAPTER 700. OPINIONS AND EXPERT TESTIMONY Md. Rule 5-704 (2012) Rule 5-704. Opinion on ultimate issue (a) In general. Except as provided in section (b) of this Rule, testimony in the form of an opinion or inference otherwise admissible is not objectionable merely because it embraces an ultimate issue to be decided by the trier of fact. (b) Opinion on mental state or condition. An expert witness testifying with respect to the mental state or condition of a defendant in a criminal case may not state an opinion or inference as to whether the defendant had a mental state or condition constituting an element of the crime charged. That issue is for the trier of fact alone. This exception does not apply to an ultimate issue of criminal responsibility. HISTORY: (Amended June 21, 1995, effective Sept. 1, 1995.) MARYLAND RULES TITLE 5. EVIDENCE CHAPTER 700. OPINIONS AND EXPERT TESTIMONY Md. Rule 5-705 (2012) Rule 5-705. Disclosure of facts or data underlying expert opinion Unless the court requires otherwise, the expert may testify in terms of opinion or inference and give reasons therefor without first testifying to the underlying facts or data. The expert may in any event be required to disclose the underlying facts or data on cross-examination. MARYLAND RULES TITLE 5. EVIDENCE CHAPTER 700. OPINIONS AND EXPERT TESTIMONY Md. Rule 5-706 (2012)

Rule 5-706. Court appointed experts (a) Appointment. The court, on its own initiative or on the motion of any party, may enter an order to show cause why expert witnesses should not be appointed, and may request the parties to submit nominations. The court may appoint any expert witnesses agreed upon by the parties, and may appoint expert witnesses of its own selection. An expert witness shall not be appointed by the court unless the witness consents to act. A witness so appointed shall be informed of the witness's duties by the court in writing, a copy of which shall be filed with the clerk, or at a conference in which the parties shall have opportunity to participate. A witness so appointed shall advise the parties of the witness's findings, if any; the witness's deposition may be taken by any party. The witness shall be subject to cross-examination by each party, including a party calling the witness. (b) Compensation. Expert witnesses so appointed are entitled to reasonable compensation in whatever sum the court may allow. The compensation thus fixed is payable from funds which may be provided by law in civil actions, proceedings involving just compensation for the taking of property, and criminal actions. In other civil actions the compensation shall be paid by the parties in such proportion and at such time as the court directs, and thereafter charged in like manner as other costs. (c) Disclosure of appointment. In the exercise of its discretion, the court may authorize disclosure to the jury of the fact that the court appointed the expert witness. (d) Parties' experts of own selection. Nothing in this Rule limits the parties in calling expert witnesses of their own selection. HISTORY: (Amended Nov. 8, 2005, effective Jan. 1, 2006.) MARYLAND RULES TITLE 5. EVIDENCE CHAPTER 800. HEARSAY Md. Rule 5-801 (2012) Rule 5-801. Definitions The following definitions apply under this Chapter: (a) Statement. A "statement" is (1) an oral or written assertion or (2) nonverbal conduct of a person, if it is intended by the person as an assertion. (b) Declarant. A "declarant" is a person who makes a statement. (c) Hearsay. "Hearsay" is a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted.

MARYLAND RULES TITLE 5. EVIDENCE CHAPTER 800. HEARSAY Md. Rule 5-802 (2012) Rule 5-802. Hearsay rule Except as otherwise provided by these rules or permitted by applicable constitutional provisions or statutes, hearsay is not admissible. MARYLAND RULES TITLE 5. EVIDENCE CHAPTER 800. HEARSAY Md. Rule 5-802.1 (2012) Rule 5-802.1. Hearsay exceptions -- Prior statements by witnesses The following statements previously made by a witness who testifies at the trial or hearing and who is subject to cross-examination concerning the statement are not excluded by the hearsay rule: (a) A statement that is inconsistent with the declarant's testimony, if the statement was (1) given under oath subject to the penalty of perjury at a trial, hearing, or other proceeding or in a deposition; (2) reduced to writing and was signed by the declarant; or (3) recorded in substantially verbatim fashion by stenographic or electronic means contemporaneously with the making of the statement; (b) A statement that is consistent with the declarant's testimony, if the statement is offered to rebut an express or implied charge against the declarant of fabrication, or improper influence or motive; (c) A statement that is one of identification of a person made after perceiving the person; (d) A statement that is one of prompt complaint of sexually assaultive behavior to which the declarant was subjected if the statement is consistent with the declarant's testimony; or (e) A statement that is in the form of a memorandum or record concerning a matter about which the witness once had knowledge but now has insufficient recollection to enable the witness to testify fully and accurately, if the statement was made or adopted by the witness when the matter was fresh in the witness's memory and reflects that knowledge correctly. If admitted, the statement may be read into evidence but the memorandum or record may not itself be received as an exhibit unless offered by an adverse party. HISTORY: (Amended Nov. 8, 2005, effective Jan. 1, 2006.) MARYLAND RULES

TITLE 5. EVIDENCE CHAPTER 800. HEARSAY Md. Rule 5-803 (2012) Rule 5-803. Hearsay exceptions: Unavailability of declarant not required The following are not excluded by the hearsay rule, even though the declarant is available as a witness: (a) Statement by party-opponent. A statement that is offered against a party and is: (1) The party's own statement, in either an individual or representative capacity; (2) A statement of which the party has manifested an adoption or belief in its truth; (3) A statement by a person authorized by the party to make a statement concerning the subject; (4) A statement by the party's agent or employee made during the agency or employment relationship concerning a matter within the scope of the agency or employment; or (5) A statement by a coconspirator of the party during the course and in furtherance of the conspiracy. Committee note. -- Where there is a disputed issue as to scope of employment, representative capacity, authorization to make a statement, the existence of a conspiracy, or any other foundational requirement, the court must make a finding on that issue before the statement may be admitted. These rules do not address whether the court may consider the statement itself in making that determination. Compare Daugherty v. Kessler, 264 Md. 281, 291-92 (1972) (civil conspiracy); and Hlista v. Altevogt, 239 Md. 43, 51 (1965) (employment relationship) with Bourjaily v. United States, 483 U.S. 171, 107 S.Ct. 775 (1987) (trial court may consider the out-of-court statement in deciding whether foundational requirements for coconspirator exception have been met.) (b) Other exceptions. (1) Present sense impression. A statement describing or explaining an event or condition made while the declarant was perceiving the event or condition, or immediately thereafter. (2) Excited utterance. A statement relating to a startling event or condition made while the declarant was under the stress of excitement caused by the event or condition. (3) Then existing mental, emotional, or physical condition. A statement of the declarant's then existing state of mind, emotion, sensation, or physical condition (such as intent, plan, motive, design, mental feeling, pain, and bodily health), offered to prove the declarant's then existing condition or the declarant's future action, but not including a statement of memory or belief to prove the fact remembered or believed unless it relates to the execution, revocation, identification,

or terms of declarant's will. (4) Statements for purposes of medical diagnosis or treatment. Statements made for purposes of medical treatment or medical diagnosis in contemplation of treatment and describing medical history, or past or present symptoms, pain, or sensation, or the inception or general character of the cause or external sources thereof insofar as reasonably pertinent to treatment or diagnosis in contemplation of treatment. (5) Recorded recollection. See Rule 5-802.1 (e) for recorded recollection. (6) Records of regularly conducted business activity. A memorandum, report, record, or data compilation of acts, events, conditions, opinions, or diagnoses if (A) it was made at or near the time of the act, event, or condition, or the rendition of the diagnosis, (B) it was made by a person with knowledge or from information transmitted by a person with knowledge, (C) it was made and kept in the course of a regularly conducted business activity, and (D) the regular practice of that business was to make and keep the memorandum, report, record, or data compilation. A record of this kind may be excluded if the source of information or the method or circumstances of the preparation of the record indicate that the information in the record lacks trustworthiness. In this paragraph, "business" includes business, institution, association, profession, occupation, and calling of every kind, whether or not conducted for profit. Cross references. -- Rule 5-902 (b). Committee note. -- Public records specifically excluded from the public records exceptions in subsection (b) (8) of this Rule may not be admitted pursuant to this exception. (7) Absence of entry in records kept in accordance with subsection (b) (6). Unless the circumstances indicate a lack of trustworthiness, evidence that a diligent search disclosed that a matter is not included in the memoranda, reports, records, or data compilations kept in accordance with subsection (b) (6), when offered to prove the nonoccurrence or nonexistence of the matter, if the matter was of a kind about which a memorandum, report, record, or data compilation was regularly made and preserved. (8) Public records and reports. (A) Except as otherwise provided in this paragraph, a memorandum, report, record, statement, or data compilation made by a public agency setting forth (i) the activities of the agency; (ii) matters observed pursuant to a duty imposed by law, as to which matters there was a duty to report; or (iii) in civil actions and when offered against the State in criminal actions, factual findings resulting from an investigation made pursuant to authority granted by law.

(B) A record offered pursuant to paragraph (A) may be excluded if the source of information or the method or circumstance of the preparation of the record indicate that the record or the information in the record lacks trustworthiness. (C) A record of matters observed by a law enforcement person is not admissible under this paragraph when offered against an accused in a criminal action. (D) This paragraph does not supersede specific statutory provisions regarding the admissibility of particular public records. Committee note. -- This section does not mandate following the interpretation of the term "factual findings" set forth in Beech Aircraft Corp. v. Rainey, 488 U.S. 153 (1988). See Ellsworth v. Sherne Lingerie, Inc., 303 Md. 581 (1985). (9) Records of vital statistics. Except as otherwise provided by statute, records or data compilations of births, fetal deaths, deaths, or marriages, if the report thereof was made to a public office pursuant to requirements of law. Cross references. -- See Code, Health General Article, 4-223 (inadmissibility of certain information when paternity is contested) and 5-311 (admissibility of medical examiner's reports). (10) Absence of public record or entry. Unless the circumstances indicate a lack of trustworthiness, evidence in the form of testimony or a certification in accordance with Rule 5-902 that a diligent search has failed to disclose a record, report, statement, or data compilation made by a public agency, or an entry therein, when offered to prove the absence of such a record or entry or the nonoccurrence or nonexistence of a matter about which a record was regularly made and preserved by the public agency. (11) Records of religious organizations. Statements of births, marriages, divorces, deaths, legitimacy, ancestry, relationship by blood or marriage, or other similar facts of personal or family history, contained in a regularly kept record of a religious organization. (12) Marriage, baptismal, and similar certificates. Statements of fact contained in a certificate that the maker performed a marriage or other ceremony or administered a sacrament, made by a member of the clergy, public official, or other person authorized by the rules or practices of a religious organization or by law to perform the act certified, and purporting to have been issued at the time of the act or within a reasonable time thereafter. (13) Family records. Statements of fact concerning personal or family history contained in family Bibles, genealogies, charts, engravings on rings, inscriptions on family portraits, engravings on urns, crypts, or tombstones or the like. (14) Records of documents affecting an interest in property. The record of a document purporting to establish or affect an interest in property, as proof of the content of the original recorded document and its execution and delivery by each person by whom it purports to have been executed, if the record is a record of a public office and a statute authorizes the recording of

documents of that kind in that office. (15) Statements in documents affecting an interest in property. A statement contained in a document purporting to establish or affect an interest in property if the matter stated was relevant to the purpose of the document, unless dealings with the property since the document was made have been inconsistent with the truth of the statement or the purport of the document or the circumstances otherwise indicate lack of trustworthiness. (16) Statements in ancient documents. Statements in a document in existence twenty years or more, the authenticity of which is established, unless the circumstances indicate lack of trustworthiness. (17) Market reports and published compilations. Market quotations, tabulations, lists, directories, and other published compilations, generally used and reasonably relied upon by the public or by persons in particular occupations. (18) Learned treatises. To the extent called to the attention of an expert witness upon crossexamination or relied upon by the expert witness in direct examination, statements contained in a published treatise, periodical, or pamphlet on a subject of history, medicine, or other science or art, established as a reliable authority by the testimony or admission of the witness, by other expert testimony, or by judicial notice. If admitted, the statements may be read into evidence but may not be received as exhibits. (19) Reputation concerning personal or family history. Reputation, prior to the controversy before the court, among members of a person's family by blood, adoption, or marriage, or among a person's associates, or in the community, concerning a person's birth, adoption, marriage, divorce, death, or other similar fact of personal or family history. (20) Reputation concerning boundaries or general history. (A) Reputation in a community, prior to the controversy before the court, as to boundaries of, interests in, or customs affecting lands in the community. (B) Reputation as to events of general history important to the community, state, or nation where the historical events occurred. (21) Reputation as to character. Reputation of a person's character among associates or in the community. (22) [Vacant]. There is no subsection 22. (23) Judgment as to personal, family, or general history, or boundaries. Judgments as proof of matters of personal, family, or general history, or boundaries, essential to the judgment, if the matter would be provable by evidence of reputation under subsections (19) or (20). (24) Other exceptions. Under exceptional circumstances, the following are not excluded by the

hearsay rule: A statement not specifically covered by any of the hearsay exceptions listed in this Rule or in Rule 5-804, but having equivalent circumstantial guarantees of trustworthiness, if the court determines that (A) the statement is offered as evidence of a material fact; (B) the statement is more probative on the point for which it is offered than any other evidence which the proponent can procure through reasonable efforts; and (C) the general purposes of these rules and the interests of justice will best be served by admission of the statement into evidence. A statement may not be admitted under this exception unless the proponent of it makes known to the adverse party, sufficiently in advance of the trial or hearing to provide the adverse party with a fair opportunity to prepare to meet it, the intention to offer the statement and the particulars of it, including the name and address of the declarant. HISTORY: (Amended Nov. 8, 2005, effective Jan. 1, 2006; Dec. 4, 2007, effective Jan. 1, 2008.) MARYLAND RULES TITLE 5. EVIDENCE CHAPTER 800. HEARSAY Md. Rule 5-804 (2012) Rule 5-804. Hearsay exceptions; declarant unavailable (a) Definition of unavailability. "Unavailability as a witness" includes situations in which the declarant: (1) is exempted by ruling of the court on the ground of privilege from testifying concerning the subject matter of the declarant's statement; (2) refuses to testify concerning the subject matter of the declarant's statement despite an order of the court to do so; (3) testifies to a lack of memory of the subject matter of the declarant's statement; (4) is unable to be present or to testify at the hearing because of death or then existing physical or mental illness or infirmity; or (5) is absent from the hearing and the proponent of the statement has been unable to procure the declarant's attendance (or in the case of a hearsay exception under subsection (b) (2), (3), or (4) of this Rule, the declarant's attendance or testimony) by process or other reasonable means. A statement will not qualify under section (b) of this Rule if the unavailability is due to the procurement or wrongdoing of the proponent of the statement for the purpose of preventing the witness from attending or testifying. (b) Hearsay exceptions. The following are not excluded by the hearsay rule if the declarant is unavailable as a witness:

(1) Former testimony. Testimony given as a witness in any action or proceeding or in a deposition taken in compliance with law in the course of any action or proceeding, if the party against whom the testimony is now offered, or, in a civil action or proceeding, a predecessor in interest, had an opportunity and similar motive to develop the testimony by direct, cross, or redirect examination. (2) Statement under belief of impending death. In a prosecution for an offense based upon an unlawful homicide, attempted homicide, or assault with intent to commit a homicide or in any civil action, a statement made by a declarant, while believing that the declarant's death was imminent, concerning the cause or circumstances of what the declarant believed to be his or her impending death. (3) Statement against interest. A statement which was at the time of its making so contrary to the declarant's pecuniary or proprietary interest, so tended to subject the declarant to civil or criminal liability, or so tended to render invalid a claim by the declarant against another, that a reasonable person in the declarant's position would not have made the statement unless the person believed it to be true. A statement tending to expose the declarant to criminal liability and offered in a criminal case is not admissible unless corroborating circumstances clearly indicate the trustworthiness of the statement. Cross references. -- See Code, Courts Article, 10-920, distinguishing expressions of regret or apology by health care providers from admissions of liability or fault. (4) Statement of personal or family history. (A) A statement concerning the declarant's own birth; adoption; marriage; divorce; legitimacy; ancestry; relationship by blood, adoption, or marriage; or other similar fact of personal or family history, even though the declarant had no means of acquiring personal knowledge of the matter stated. (B) A statement concerning the death of, or any of the facts listed in subsection (4) (A) about another person, if the declarant was related to the other person by blood, adoption, or marriage or was so intimately associated with the other person's family as to be likely to have accurate information concerning the matter declared. (5) Witness unavailable because of party's wrongdoing. (A) Civil actions. In civil actions in which a witness is unavailable because of a party's wrongdoing, a statement that (i) was (a) given under oath subject to the penalty of perjury at a trial, hearing, or other proceeding or in a deposition; (b) reduced to writing and was signed by the declarant; or (c) recorded in substantially verbatim fashion by stenographic or electronic means contemporaneously with the making of the statement, and (ii) is offered against a party who has engaged in, directed, or conspired to commit wrongdoing that was intended to, and did, procure the unavailability of the declarant as a witness, provided however the statement may not be admitted unless, as soon as practicable after the proponent of the statement learns that the declarant will be unavailable, the proponent makes known to the adverse party the intention to offer the statement and the particulars of it.

Committee note. -- A "party" referred to in subsection (b)(5)(A) also includes an agent of the government. (B) Criminal causes. In criminal causes in which a witness is unavailable because of a party's wrongdoing, admission of the witness's statement under this exception is governed by Code, Courts Article, 10-901. HISTORY: (Amended November 8, 2005, effective January 1, 2006; June 16, 2009, effective June 17, 2009; amended October 20, 2010, effective January 1, 2011.) MARYLAND RULES TITLE 5. EVIDENCE CHAPTER 800. HEARSAY Md. Rule 5-805 (2012) Rule 5-805. Hearsay within hearsay If one or more hearsay statements are contained within another hearsay statement, each must fall within an exception to the hearsay rule in order not to be excluded by that rule. MARYLAND RULES TITLE 5. EVIDENCE CHAPTER 800. HEARSAY Md. Rule 5-806 (2012) Rule 5-806. Attacking and supporting credibility of declarant (a) In general. When a hearsay statement has been admitted in evidence, the credibility of the declarant may be attacked, and if attacked may be supported, by any evidence which would be admissible for those purposes if the declarant had testified as a witness. Evidence of a statement or conduct by the declarant at any time, inconsistent with the declarant's hearsay statement, is not subject to any requirement that the declarant may have been afforded an opportunity to deny or explain. If the party against whom a hearsay statement has been admitted calls the declarant as a witness, the party is entitled to examine the declarant on the statement as if under crossexamination. (b) Exception. This Rule does not apply to statements by party-opponents under Rule 5-803 (a) (1) and (a) (2). MARYLAND RULES TITLE 5. EVIDENCE CHAPTER 900. AUTHENTICATION AND IDENTIFICATION

Md. Rule 5-901 (2012) Rule 5-901. Requirement of authentication or identification (a) General provision. The requirement of authentication or identification as a condition precedent to admissibility is satisfied by evidence sufficient to support a finding that the matter in question is what its proponent claims. Cross references. -- Rule 5-104 (b). (b) Illustrations. By way of illustration only, and not by way of limitation, the following are examples of authentication or identification conforming with the requirements of this Rule: (1) Testimony of witness with knowledge. Testimony of a witness with knowledge that the offered evidence is what it is claimed to be. (2) Non-expert opinion on handwriting. Non-expert opinion as to the genuineness of handwriting, based upon familiarity not acquired for purposes of the litigation. (3) Comparison with authenticated specimens. Comparison by the court or an expert witness with specimens that have been authenticated. (4) Circumstantial evidence. Circumstantial evidence, such as appearance, contents, substance, internal patterns, location, or other distinctive characteristics, that the offered evidence is what it is claimed to be. (5) Voice identification. Identification of a voice, whether heard firsthand or through mechanical or electronic transmission or recording, based upon the witness having heard the voice at any time under circumstances connecting it with the alleged speaker. (6) Telephone conversation. A telephone conversation, by evidence that a telephone call was made to the number assigned at the time to a particular person or business, if (A) in the case of a person, circumstances, including self-identification, show the person answering to be the one called, or (B) in the case of a business, the call was made to a place of business and the conversation related to business reasonably transacted over the telephone. (7) Public record. Evidence that a writing authorized by law to be recorded or filed and in fact recorded or filed in a public office, or a purported public record, report, statement, or data compilation, is from the public office where items of this nature are kept. (8) Ancient document or data compilation. Evidence that a document or data compilation:

(A) is in such condition as to create no suspicion concerning its authenticity, (B) was in a place where, if authentic, it would likely be, and (C) has been in existence twenty years or more at the time it is offered. (9) Process or system. Evidence describing a process or system used to produce the proffered exhibit or testimony and showing that the process or system produces an accurate result. Committee note. -- This Rule is not intended to indicate the type of evidence that may be required to establish that a system or process produces an accurate result. See, e.g., Rule 5-702 and its Committee note. (10) Methods provided by statute or rule. Any method of authentication or identification provided by statute or by these rules. (Amended Feb. 10, 1998, effective July 1, 1998.) MARYLAND RULES TITLE 5. EVIDENCE CHAPTER 900. AUTHENTICATION AND IDENTIFICATION Md. Rule 5-902 (2012) Rule 5-902. Self-authentication (a) Generally. As used in this Rule, "certifies," "certificate," or "certification" means, with respect to a domestic record or public document, a written declaration under oath subject to the penalty of perjury and, with respect to a foreign record or public document, a written declaration signed in a foreign country which, if falsely made, would subject the maker to criminal penalty under the laws of that country. The certificate relating to a foreign record or public document must be accompanied by a final certification as to the genuineness of the signature and official position (1) of the individual executing the certificate or (2) of any foreign official who certifies the genuineness of signature and official position of the executing individual or is the last in a chain of certificates that collectively certify the genuineness of signature and official position of the executing individual. A final certificate may be made by a secretary of an embassy or legation, consul general, consul, vice consul, or consular agent of the United States, or a diplomatic or consular official of the foreign country who is assigned or accredited to the United States. Except as otherwise provided by statute, extrinsic evidence of authenticity as a condition precedent to admissibility is not required with respect to the following: (1) Domestic public documents under seal. A document bearing a seal purporting to be that of the United States, or of any state, district, commonwealth, territory, or insular possession thereof, or the Panama Canal Zone, or the trust territory of the Pacific Islands, or of a political subdivision, department, officer, or agency thereof, and a signature purporting to be an attestation or execution. (2) Domestic public documents not under seal. A document purporting to bear the signature in the

official capacity of an officer or employee of any entity included in subsection (a)(1) of this Rule, having no seal, if a public officer having a seal and having official duties in the district or political subdivision of the officer or employee certifies under seal that the signer has the official capacity and that the signature is genuine. (3) Foreign public documents. A document purporting to be executed or attested in an official capacity by a person authorized by the laws of a foreign country to make the execution or attestation and accompanied by a final certification. If reasonable opportunity has been given to all parties to investigate the authenticity and accuracy of official documents, the court may, for good cause shown, order that they be treated as presumptively authentic without final certification or permit them to be evidenced by an attested summary with or without final certification. (4) Certified copies of public records. A copy of an official record or report or entry therein, or of a document authorized by law to be recorded or filed and actually recorded or filed in a public office, including data compilations, certified as correct by the custodian or other person authorized to make the certification, by certificate complying with this Rule or complying with any applicable statute or these rules. (5) Official publications. Books, pamphlets, or other publications purporting to be issued or authorized by a public agency. (6) Newspapers and periodicals. Printed materials purporting to be newspapers or periodicals. (7) Trade inscriptions and the like. Inscriptions, signs, tags, or labels purporting to have been affixed in the course of business and indicating ownership, control, or origin. (8) Acknowledged documents. Documents accompanied by a certificate of acknowledgment executed in the manner provided by law by a notary public or other officer authorized by law to take acknowledgments. (9) Commercial paper and related documents. To the extent provided by applicable commercial law, commercial paper, signatures thereon, and related documents. Cross references. -- See, e.g., Code, Commercial Law Article, 1-202, 3-308, and 3-505. (10) Presumptions under statutes or treaties. Any signature, document, or other matter declared by applicable statute or treaty to be presumptively genuine or authentic. (11) Items as to which required objections not made. Unless justice otherwise requires, any item as to which, by statute, rule, or court order, a written objection as to authenticity is required to be made before trial, and an objection was not made in conformance with the statute, rule, or order. Committee note. -- As used in this Rule "document" is a generic term. It includes public records encompassed by Code, Courts Article, 10-204. (b) Certified records of regularly conducted business activity.

(1) Procedure. Testimony of authenticity as a condition precedent to admissibility is not required as to the original or a duplicate of a record of regularly conducted business activity, within the scope of Rule 5-803 (b)(6) that has been certified pursuant to subsection (b)(2) of this Rule, provided that at least ten days prior to the commencement of the proceeding in which the record will be offered into evidence, (A) the proponent (i) notifies the adverse party of the proponent's intention to authenticate the record under this subsection and (ii) makes a copy of the certificate and record available to the adverse party and (B) the adverse party has not filed within five days after service of the proponent's notice written objection on the ground that the sources of information or the method or circumstances of preparation indicate lack of trustworthiness. Committee note. -- An objection to self-authentication under subsection (b)(1) of this Rule made in advance of trial does not constitute a waiver of any other ground that may be asserted as to admissibility at trial. (2) Form of certificate. For purposes of subsection (b)(1) of this Rule, the original or duplicate of the business record shall be certified in substantially the following form: Certification of Custodian of Records or Other Qualified Individual I, , do hereby certify that:

(1) I am the Custodian of Records of or am otherwise qualified to administer the records for: (identify the organization that maintains the records), and (2) The attached records (a) are true and correct copies of records that were made at or near the time of the occurrence of the matters set forth by, or from the information transmitted by, a person with knowledge of these matters; and (b) were kept in the course of regularly conducted activity; and (c) were made and kept by the regularly conducted business activity as a regular practice. I declare under penalty of perjury that the foregoing is true and correct. Signature and title: Date:

HISTORY: (Amended Nov. 8, 2005, effective Jan. 1, 2006; Dec. 4, 2007, effective Jan. 1, 2008.) MARYLAND RULES TITLE 5. EVIDENCE CHAPTER 900. AUTHENTICATION AND IDENTIFICATION Md. Rule 5-903 (2012) Rule 5-903. Subscribing witness testimony unnecessary Except as provided by statute, the testimony of a subscribing witness is not required to authenticate a writing. MARYLAND RULES TITLE 5. EVIDENCE CHAPTER 1000. CONTENTS OF WRITINGS, RECORDINGS, AND PHOTOGRAPHS Md. Rule 5-1001 (2012) Rule 5-1001. Definitions In this Chapter the following definitions apply except as expressly otherwise provided or as necessary implication requires: (a) Writings and recordings. "Writings" and "recordings" consist of letters, words, numbers, or their equivalent, set down by handwriting, typewriting, printing, photostating, photographing, magnetic or optical impulse, mechanical or electronic recording, or other form of data compilation. Committee note. -- This is not intended to change the common law regarding the court's discretion to treat chattels inscribed with letters or numbers as writings. (b) Photographs. "Photographs" include still photographs, X-ray films, video tapes, and motion pictures. (c) Original. An "original" of a writing or recording is the writing or recording itself or any counterpart intended to have the same effect by a person executing or issuing it. An "original" of a photograph includes the negative or any print therefrom. If data are stored in a computer or similar device, any printout or other output readable by sight, shown to reflect the data accurately, is an "original". (d) Duplicate. A "duplicate" is a counterpart produced by the same impression as the original, or from the same matrix, or by means of photography, including enlargements and miniatures, or by mechanical or electronic re-recordings, or by chemical reproduction, or by other equivalent technique which accurately reproduces the original.

MARYLAND RULES TITLE 5. EVIDENCE CHAPTER 1000. CONTENTS OF WRITINGS, RECORDINGS, AND PHOTOGRAPHS Md. Rule 5-1002 (2012) Rule 5-1002. Requirement of original To prove the content of a writing, recording, or photograph, the original writing, recording, or photograph is required, except as otherwise provided in these rules or by statute. MARYLAND RULES TITLE 5. EVIDENCE CHAPTER 1000. CONTENTS OF WRITINGS, RECORDINGS, AND PHOTOGRAPHS Md. Rule 5-1003 (2012) Rule 5-1003. Admissibility of duplicates A duplicate is admissible to the same extent as an original unless (1) a genuine question is raised as to the authenticity of the original or (2) in the circumstances it would be unfair to admit the duplicate in lieu of the original. MARYLAND RULES TITLE 5. EVIDENCE CHAPTER 1000. CONTENTS OF WRITINGS, RECORDINGS, AND PHOTOGRAPHS Md. Rule 5-1004 (2012) Rule 5-1004. Admissibility of other evidence of contents The contents of a writing, recording, or photograph may be proved by evidence other than the original if: (a) Original lost or destroyed. All originals are lost or have been destroyed, unless the proponent lost or destroyed them in bad faith; (b) Original not obtainable. No original can be obtained by any reasonably practicable, available judicial process or procedure; (c) Original in possession of opponent. At a time when an original was under the control of the party against whom offered, that party was put on notice, by the pleadings or otherwise, that the contents would be a subject of proof at the hearing or trial, and that party does not produce the original at the hearing or trial; or

(d) Collateral matters. The writing, recording, or photograph is not closely related to a controlling issue. MARYLAND RULES TITLE 5. EVIDENCE CHAPTER 1000. CONTENTS OF WRITINGS, RECORDINGS, AND PHOTOGRAPHS Md. Rule 5-1005 (2012) Rule 5-1005. Public records The contents of an official record, or of a document authorized to be recorded or filed and actually recorded or filed, including data compilations, if otherwise admissible, may be proved by copy, certified as correct in accordance with Rule 5-902 or testified to be correct by a witness who has compared it with the original. If a copy that complies with the foregoing cannot be obtained by the exercise of reasonable diligence, other evidence of the contents may be given. MARYLAND RULES TITLE 5. EVIDENCE CHAPTER 1000. CONTENTS OF WRITINGS, RECORDINGS, AND PHOTOGRAPHS Md. Rule 5-1006 (2012) Rule 5-1006. Summaries The contents of voluminous writings, recordings, or photographs, otherwise admissible, which cannot conveniently be examined in court may be presented in the form of a chart, calculation, or other summary. The party intending to use such a summary must give timely notice to all parties of the intention to use the summary and shall make the summary and the originals or duplicates from which the summary is compiled available for inspection and copying by other parties at a reasonable time and place. The court may order that they be produced in court. MARYLAND RULES TITLE 5. EVIDENCE CHAPTER 1000. CONTENTS OF WRITINGS, RECORDINGS, AND PHOTOGRAPHS Md. Rule 5-1007 (2012) Rule 5-1007. Testimony or written admission of party Contents of writings, recordings, or photographs may be proved by the testimony or deposition of the party against whom offered or by the party's written admission, without accounting for the nonproduction of the original.

MARYLAND RULES TITLE 5. EVIDENCE CHAPTER 1000. CONTENTS OF WRITINGS, RECORDINGS, AND PHOTOGRAPHS Md. Rule 5-1008 (2012) Rule 5-1008. Functions of court and jury (a) Generally. Except as otherwise provided in section (b) of this Rule, when the admissibility of evidence other than the original of contents of writings, recordings, or photographs under these rules depends upon the fulfillment of a condition of fact, the question whether the condition has been fulfilled is for the court to determine in accordance with the provisions of Rule 5-104 (a). (b) Exceptions. The following issues, if raised, are for the trier of fact to determine as in the case of other issues of fact: (1) whether the asserted writing, recording, or photograph ever existed, (2) whether another writing, recording, or photograph produced at the trial is the original, or (3) whether evidence of contents other than the original correctly reflects the contents. MARYLAND RULES TITLE 6. SETTLEMENT OF DECEDENTS' ESTATES CHAPTER 100. GENERAL PROVISIONS Md. Rule 6-101 (2012) Rule 6-101. Applicability The rules in this Title apply to all matters in the orphans' courts and before the registers of wills relating to the settlement of decedents' estates. MARYLAND RULES TITLE 6. SETTLEMENT OF DECEDENTS' ESTATES CHAPTER 100. GENERAL PROVISIONS Md. Rule 6-102 (2012) Rule 6-102. No local rules Except as otherwise provided in Rule 1-102, all circuit and local rules regulating matters in the orphans' courts or before the registers of wills are repealed and no circuit or local rules regulating such matters shall be adopted. MARYLAND RULES TITLE 6. SETTLEMENT OF DECEDENTS' ESTATES CHAPTER 100. GENERAL PROVISIONS Md. Rule 6-103 (2012)

Rule 6-103. Method of citation These rules may be cited collectively as "Md. Rules." A specific rule may be cited as "Rule" followed by the rule number. MARYLAND RULES TITLE 6. SETTLEMENT OF DECEDENTS' ESTATES CHAPTER 100. GENERAL PROVISIONS Md. Rule 6-104 (2012) Rule 6-104. Rules of construction (a) General. These rules shall be construed to secure simplicity in procedure, fairness in administration, and elimination of unjustifiable expense and delay. When a rule, by the word "shall" or otherwise, mandates or prohibits conduct, the consequences of noncompliance are those prescribed by these rules or by statute. If no consequences are prescribed, the court may compel compliance with the rule or may determine the consequences of the noncompliance in light of the totality of the circumstances and the purpose of the rule. (b) Jurisdiction and venue unaffected. These rules shall not be construed to extend or limit the jurisdiction of the court or, except as expressly provided, the venue of actions. (c) Effect on common law and statutory provisions. Neither these rules nor omissions from these rules supersede common law or statute unless inconsistent with these rules. (d) Singular and plural -- Gender. Words in the singular include the plural and words in any gender include all genders except as necessary implication requires. (e) Headings, references, and notes not rules. Headings, subheadings, cross references, committee notes, source references, and annotations are not part of these rules. MARYLAND RULES TITLE 6. SETTLEMENT OF DECEDENTS' ESTATES CHAPTER 100. GENERAL PROVISIONS Md. Rule 6-105 (2012) Rule 6-105. Definitions The definitions contained in Code, Estates and Trusts Article, 1-101 apply in this Title. The following definitions also apply: (a) Certified mail. "Certified mail" means mail deposited with the United States Postal Service with postage prepaid and return receipt requested.

Cross references. -- Code, Estates and Trusts Article, 1-103 (a). (b) Clerk. "Clerk" when used in any rule incorporated by reference into this Title means the register of wills. (c) Code. "Code" means the Annotated Code of Public General Laws of Maryland as from time to time amended. (d) Person. "Person" includes any individual, partnership, joint stock company, unincorporated association or society, municipal or other corporation, the State, its agencies or political subdivisions, any court, or any other governmental entity. (e) Petition. "Petition" means an application to the court for an order and includes a motion permitted to be filed pursuant to Title 6 of these Rules. HISTORY: (Amended Nov. 12, 2003, effective Jan. 1, 2004.) MARYLAND RULES TITLE 6. SETTLEMENT OF DECEDENTS' ESTATES CHAPTER 100. GENERAL PROVISIONS Md. Rule 6-106 (2012) Rule 6-106. Computation of time Any period of time prescribed by rule, order of court, or any applicable statute shall be computed in accordance with Rule 1-203. MARYLAND RULES TITLE 6. SETTLEMENT OF DECEDENTS' ESTATES CHAPTER 100. GENERAL PROVISIONS Md. Rule 6-107 (2012) Rule 6-107. Extension of time (a) By request to register or court. The court or the register, upon written request, may extend to a specified date the time for filing an inventory (Rule 6-402), an information report (Rule 6-404), an application to fix inheritance tax on non-probate assets (Rule 6-405), or an account (Rule 6417). The request may be made ex parte. (b) By petition. Except as otherwise provided in this section, when these rules, an order of court, or other law require or allow an act to be done at or within a specified time, the court, upon petition filed pursuant to Rule 6-122 and for good cause shown, may extend the time to a specified date. The court may not extend the time for filing a claim, a caveat, or a notice of appeal or for taking

any other action where expressly prohibited by rule or statute. HISTORY: (Amended Nov. 12, 2003, effective Jan. 1, 2004.) MARYLAND RULES TITLE 6. SETTLEMENT OF DECEDENTS' ESTATES CHAPTER 100. GENERAL PROVISIONS Md. Rule 6-108 (2012) Rule 6-108. Register of wills -- Acceptance of papers (a) Generally. Except as otherwise provided in section (b) of this Rule, a register of wills shall not refuse to accept for filing any paper on the ground that it is not in the form mandated by a Rule in this Title. (b) Papers requiring proof of service. The register shall not accept for filing any petition or paper requiring service unless it is accompanied by (1) a signed certificate showing the date and manner of service as prescribed in Rule 6-125 or (2) a signed statement that, for reasons set forth in the statement, there is no person entitled to service. A certificate of service is prima facie proof of service. (c) Photocopies; facsimile copies. A photocopy or facsimile copy of a pleading or paper except a will or codicil, once filed with the court, shall be treated as an original for court purposes. The attorney or party filing the copy shall retain the original from which the filed copy was made for production to the court or register upon the request of the court, register, or any party. No filing of a pleading or paper may be made by transmitting it directly to the court or register by electronic transmission, except pursuant to an electronic system approved under Rule 16-307. HISTORY: (Amended May 14, 1992, effective July 1, 1992; Feb. 10, 1998, effective July 1, 1998.) MARYLAND RULES TITLE 6. SETTLEMENT OF DECEDENTS' ESTATES CHAPTER 100. GENERAL PROVISIONS Md. Rule 6-111 (2012) Rule 6-111. Venue (a) Administrative or judicial probate. Administrative or judicial probate shall be commenced in the county in which the decedent was domiciled at the time of death or, if the decedent was not domiciled in Maryland, in the county which the petitioner believes was the situs of the largest part in value of the decedent's property in Maryland at the time of the decedent's death. For this purpose, (1) the situs of tangible personal property is its location; (2) the situs of intangible personal property is the location of the instrument evidencing the property or, in the absence of an

instrument, the residence of the debtor; and (3) the situs of an interest in property held in trust is any county where the trustee may be sued. (b) Caveat. The venue for a caveat proceeding shall be the county in which probate proceedings are pending. If probate proceedings are not pending in any county, venue shall be in the county in which probate proceedings could have been commenced pursuant to section (a) of this Rule. (c) Proceedings in more than one county. Probate proceedings may not be maintained in more than one county. If proceedings are commenced in more than one county, the court of the county in which proceedings were filed first has exclusive jurisdiction to determine venue. If proper venue is determined to be in another county, the proceedings, including any will, petition, or other paper filed, shall be transferred to the proper court. MARYLAND RULES TITLE 6. SETTLEMENT OF DECEDENTS' ESTATES CHAPTER 100. GENERAL PROVISIONS Md. Rule 6-112 (2012) Rule 6-112. Court schedule The court shall be in session at the times set by law, and shall establish a schedule for the transaction of business. MARYLAND RULES TITLE 6. SETTLEMENT OF DECEDENTS' ESTATES CHAPTER 100. GENERAL PROVISIONS Md. Rule 6-113 (2012) Rule 6-113. Enforcement The court has the same legal and equitable powers to effectuate its jurisdiction, punish contempts, and carry out its orders and judgments as a court of record with general jurisdiction. MARYLAND RULES TITLE 6. SETTLEMENT OF DECEDENTS' ESTATES CHAPTER 100. GENERAL PROVISIONS Md. Rule 6-114 (2012) Rule 6-114. Recording of proceedings All hearings and plenary proceedings before the court shall be recorded verbatim either stenographically or by an electronic recording device provided by the court. Recording of proceedings shall be performed under the control and direction of the court.

MARYLAND RULES TITLE 6. SETTLEMENT OF DECEDENTS' ESTATES CHAPTER 100. GENERAL PROVISIONS Md. Rule 6-121 (2012) Rule 6-121. Form of court papers (a) Caption. Unless a rule in this Title specifies a different form of caption, all papers filed with the court or the register shall be appropriately captioned as follows: IN THE ORPHANS' COURT (OR) BEFORE THE REGISTER OF WILLS FOR , MARYLAND IN THE ESTATE : OF : ESTATE NO. :

(b) Legibility and durability. A paper and the writing on it shall be of permanent quality and the writing shall be legible. (c) Existing documents. Sections (a) and (b) do not apply to any document already in existence which is filed as an exhibit to a petition or paper. However, they do apply to any document prepared as an exhibit. HISTORY: (Amended May 14, 1992, effective July 1, 1992.) MARYLAND RULES TITLE 6. SETTLEMENT OF DECEDENTS' ESTATES CHAPTER 100. GENERAL PROVISIONS Md. Rule 6-122 (2012)

Rule 6-122. Petitions (a) Initial Petition. The Initial Petition shall be in the following form:

(OR)

IN THE ORPHANS' COURT FOR , MARYLAND

BEFORE THE REGISTER OF WILLS FOR IN THE ESTATE OF: ESTATE NO: FOR: [] REGULAR ESTATE [] SMALL ESTATE PETITION FOR ADMINISTRATION Estate value in PETITION FOR [] WILL OF [] LIMITED NO ESTATE ORDERS Complete item 2 and attach Schedule C Complete

ADMINISTRATION Estate value of

items 2

excess of $ 30,000. $ 30,000 or less. and 5 (If spouse is sole (If spouse is sole heir or legatee, $ 50,000.) heir or legatee, $ 50,000.)

Complete and attach Complete and attach Schedule A. Schedule B.

The petition of:

Name Address

Name Address

Name Address Each of us states: 1. I am (a) at least 18 years of age and either a citizen of the United States or a permanent resident of the United States who is the spouse of the decedent, an ancestor of the decedent, a descendant of the decedent, or a sibling of the decedent or (b) a trust company or any other corporation authorized by law to act as a personal representative. 2. The Decedent, State of , was domiciled in (County) and died on the day of , , at . (place of death) ,

3. If the decedent was not domiciled in this county at the time of death, this is the proper office in which to file this petition because: . 4. I am entitled to priority of appointment as personal representative of the decedent's estate pursuant to 5-104 of the Estates and Trusts Article, Annotated Code of Maryland because: and I am not excluded by 5-105 (b) of the Estates and Trusts Article, Annotated Code of Maryland from serving as personal representative. 5. I have made a diligent search for the decedent's will and to the best of my knowledge: [] the will dated [] none exists; or (including codicils, if any, dated )

accompanying this petition is the last will and it came into my hands in the following manner: and the names and last known addresses of the witnesses are:

6. Other proceedings, if any, regarding the decedent or the estate are as follows: 7. If any information required by paragraphs 2 through 6 has not been furnished, the reason is:

8. If appointed, I accept the duties of the office of personal representative and consent to personal jurisdiction in any action brought in this State against me as personal representative or arising out of the duties of the office of personal representative. WHEREFORE, I request appointment as personal representative of the decedent's estate and the following relief as indicated: [] that the will and codicils, if any, be admitted to administrative probate; [] that the will and codicils, if any, be admitted to judicial probate; [] that the will and codicils, if any, be filed only; [] that only a limited order be issued; [] that the following additional relief be granted: I solemnly affirm under the penalties of perjury that the contents of the foregoing petition are true to the best of my knowledge, information, and belief. Attorney Address Petitioner Petitioner Petitioner Date Date Date

Telephone Number

Telephone Number (optional)

IN THE ORPHANS' COURT FOR (OR) , MARYLAND BEFORE THE REGISTER OF WILLS FOR IN THE ESTATE OF: ESTATE NO. SCHEDULE - A Regular Estate Estimated Value of Estate and Unsecured Debts Personal property (approximate value) ......... $ Real property (approximate value) ........... Value of property subject to: (a) Direct Inheritance Tax of (b) Collateral Inheritance Tax of % ........... $ % ....... $ $ $

Unsecured Debts (approximate amount) ........

I solemnly affirm under the penalties of perjury that the contents of the foregoing schedule are true to the best of my knowledge, information, and belief. Attorney Address Petitioner Petitioner Date Date

Petitioner Telephone Number

Date

Telephone Number (optional)

............................................................................. (FOR REGISTER'S USE) Safekeeping Wills Bond Set $ Custody Wills Deputy

IN THE ORPHANS' COURT FOR (OR) , MARYLAND

BEFORE THE REGISTER OF WILLS FOR IN THE ESTATE OF: ESTATE NO SCHEDULE - B Small Estate - Assets and Debts of the Decedent 1. I have made a diligent search to discover all property and debts of the decedent and set forth below are: (a) A listing of all real and personal property owned by the decedent, individually or as tenant in common, and of any other property to which the decedent or estate would be entitled, including descriptions, values, and how the values were determined:

(b) A listing of all creditors and claimants and the amounts claimed, including secured*, contingent and disputed claims:

2. Allowable funeral expenses are $ ; statutory family allowances are $ ; and expenses of administration claimed are $ . 3. Attached is a List of Interested Persons. 4. After the time for filing claims has expired, subject to the statutory order of priorities, and subject to the resolution of disputed claims by the parties or the court, I shall (1) pay all proper claims**, expenses, and allowances not previously paid; (2) if necessary, sell property of the estate in order to do so; and (3) distribute the remaining assets of the estate in accordance with the will or, if none, with the intestacy laws of this State. Date Personal Representative

*NOTE: 5-601 (d) of the Estates and Trusts Article, Annotated Code of Maryland "For the purpose of this subtitle -- value is determined by the fair market value of property less debts of record secured by the property as of the date of death, to the extent that insurance benefits are not payable to the lien holder or secured party for the secured debt." **NOTE: Proper claims shall be paid pursuant to the provisions of Code, Estates and Trusts Article, 8-104 and 8-105. I solemnly affirm under the penalties of perjury that the contents of the foregoing schedule are true to the best of my knowledge, information, and belief. Attorney Address Petitioner Petitioner Petitioner Telephone Number Date Date Date

Telephone Number (optional)

IN THE ORPHANS' COURT FOR (OR) , MARYLAND

BEFORE THE REGISTER OF WILLS FOR IN THE ESTATE OF: ESTATE NO SCHEDULE - C Request for Limited Order [] To Locate Assets [] To Locate Will 1. I am entitled to the issuance of a limited order because I am: [] a nominated personal representative or [] a person interested in the proceedings by reason of

2. The reasons(s) a limited order should be granted are:

I solemnly affirm under the penalties of perjury that the contents of the foregoing schedule are true to the best of my knowledge, information, and belief. I further acknowledge that this order may not be used to transfer assets. Attorney Attorney Petitioner Petitioner Petitioner Date Date Date

Telephone Number

Telephone Number (optional)

(b) Other petitions. (1) Generally. Except as otherwise provided by the rules in this Title or permitted by the court, and unless made during a hearing or trial, a petition shall be in writing, shall set forth the relief or order sought, shall state the legal or factual basis for the relief requested, and shall be filed with the Register of Wills. The petitioner may serve on any interested person and shall serve on the personal representative and such persons as the court may direct a copy of the petition, together with a notice informing the person served of the right to file a response and the time for filing it. (2) Response. Any response to the petition shall be filed within 20 days after service or within such shorter time as may be fixed by the court for good cause shown. A copy of the response shall be served on the petitioner and the personal representative. (3) Order of court. The court shall rule on the petition and enter an appropriate order. Cross references. -- Code, Estates and Trusts Article, 2-102 (c), 2-105, 5-201 through 5-206, and 7-402. (c) Limited Order to Locate Assets. Upon the filing of a verified petition pursuant to Rule 6-122 (a), the orphans' court may issue a limited order to search for assets titled in the sole name of a decedent. The petition shall contain the name, address, and date of death of the decedent and a statement as to why the limited order is necessary. The limited order to locate assets shall be in the following form: IN THE ORPHANS' COURT FOR (OR) , MARYLAND BEFORE THE REGISTER OF WILLS FOR IN THE ESTATE OF: LIMITED ORDER NO. LIMITED ORDER TO LOCATE ASSETS Upon the foregoing petition by a person interested in the proceedings, it is this day of ,

by the Orphans' Court for that:

(county), Maryland, ORDERED

1. The following institutions shall disclose to the assets, and the values (Name of petitioner) thereof, titled in the sole name of the above decedent: (Name of financial institution) (Name of financial institution) (Name of financial institution) (Name of financial institution) (Name of financial institution) (Name of financial institution)

2. THIS ORDER MAY NOT BE USED TO TRANSFER ASSETS. (d) Limited Order to Locate Will. Upon the filing of a verified petition pursuant to Rule 6-122 (a), the orphans' court may issue a limited order to a financial institution to enter the safe deposit box of a decedent in the presence of the Register of Wills or the Register's authorized deputy for the sole purpose of locating the decedent's will and, if it is located, to deliver it to the Register of Wills or the authorized deputy. The limited order to locate a will shall be in the following form: IN THE ORPHANS' COURT FOR (OR) , MARYLAND BEFORE THE REGISTER OF WILLS FOR IN THE ESTATE OF: LIMITED ORDER NO. LIMITED ORDER TO LOCATE WILL Upon the foregoing Petition, it is this day of (month), (year) by the Orphans' Court for (County), Maryland, ORDERED that: , located at (Name of financial institution) enter the

(Address) safe deposit box titled in the sole name of , in the presence of (Name of decedent) the Register of Wills or the Register's authorized deputy for the sole purpose of locating the decedent's will and, if the will is located, deliver it to the Register of Wills. Committee note. -- This procedure is not exclusive. Banks may also rely on the procedure set forth in Code, Financial Institutions Article, 12-603. HISTORY: (Amended Feb. 10, 1998, effective July 1, 1998; Mar. 5, 2001, effective July 1, 2001; Nov. 12, 2003, effective Jan. 1, 2004; Dec. 4, 2007, effective Jan. 1, 2008) MARYLAND RULES TITLE 6. SETTLEMENT OF DECEDENTS' ESTATES CHAPTER 100. GENERAL PROVISIONS Md. Rule 6-123 (2012) Rule 6-123. Verification When verification of a document is required by rule or law, the verification shall be in the following form: "I solemnly affirm under the penalties of perjury that the contents of the foregoing document are true to the best of my knowledge, information, and belief." MARYLAND RULES TITLE 6. SETTLEMENT OF DECEDENTS' ESTATES CHAPTER 100. GENERAL PROVISIONS Md. Rule 6-124 (2012) Rule 6-124. Show cause order A show cause order directs a person to show cause on or before a specified date why the court should not take the action described in the order. If a hearing is scheduled when the order is signed, the order shall set forth the date and time. The order shall also specify who is to be served and the method of service. A copy of any related petition or other paper shall be served with a copy of the order. MARYLAND RULES TITLE 6. SETTLEMENT OF DECEDENTS' ESTATES CHAPTER 100. GENERAL PROVISIONS

Md. Rule 6-125 (2012) Rule 6-125. Service (a) Method of service -- Generally. Except where these rules specifically require that service shall be made by certified mail, service may be made by personal delivery or by first class mail. Service by certified mail is complete upon delivery. Service by first class mail is complete upon mailing. If a person is represented by an attorney of record, service shall be made on the attorney pursuant to Rule 1-321. Service need not be made on any person who has filed a waiver of notice pursuant to Rule 6-126. Cross references. -- For service on a person under disability, see Code, Estates and Trusts Article, 1-103 (d). (b) Certificate of service. (1) When required. A certificate of service shall be filed for every paper that is required to be served. (2) Service by certified mail. If the paper is served by certified mail, the certificate shall be in the following form:

I hereby certify that on this

day of (month)

, ,I (year)

mailed by certified mail a copy of the foregoing paper to the following persons: . (name and address)

Signature (3) Service by personal delivery or first class mail. If the paper is served by personal delivery or first class mail, the certificate shall be in the following form:

I hereby certify that on the

day of (month)

, ,I (year)

delivered or mailed, postage prepaid, a copy of the foregoing paper to the following persons: . (name and address)

Signature

(c) Proof. If no return receipt is received apparently signed by the addressee and there is no proof of actual notice, no action taken in a proceeding may prejudice the rights of the person entitled to notice unless proof is made by verified writing to the satisfaction of the court or register that reasonable efforts have been made to locate and warn the addressee of the pendency of the proceeding. HISTORY: (Amended Apr. 8, 1997, effective July 1, 1997; May 9, 2000, effective July 1, 2000.) MARYLAND RULES TITLE 6. SETTLEMENT OF DECEDENTS' ESTATES CHAPTER 100. GENERAL PROVISIONS Md. Rule 6-126 (2012) Rule 6-126. Waiver or consent (a) Generally. A person may waive the right to any notice or may consent to any matter. The waiver or consent shall set forth the specific matter that is the subject of the waiver or consent, shall be signed, and shall be filed with the register and served on the personal representative. A person may revoke a waiver or consent at any time by filing a revocation with the register and serving it on the personal representative. The revocation shall have prospective effect only. (b) Form of waiver. A waiver of notice shall be filed with the register in the following form:

[CAPTION] WAIVER OF NOTICE I waive notice that would otherwise be required by law or rule to be sent to me in this estate regarding the matters indicated: [ ] Notice of Judicial Probate [ ] Notice of Removal of Personal Representative

[ ] Register's Notice to Petition for Interested Persons of Personal

[ ] Notice of Termination Representative's Appointment

[ ] Notice of Proposed Payment [ ] Notice of Filing of to Personal Representative Account

[ ] Notice of Proposed Payment [ ] Notice of Petition for

to Attorney

Partition or Sale of Real Property

[ ] Notice of Personal Representative's Intention to Resign

[ ] Other:

(describe specifically)

By signing this waiver, I understand that it will not be necessary for the personal representative or any other person required to do so to give notice to me of any of the matters indicated above.

I UNDERSTAND THAT I AM GIVING UP THE IMPORTANT RIGHT TO BE INFORMED OF THE PROGRESS OF THE ESTATE AS TO THE MATTERS INDICATED. I ALSO UNDERSTAND THAT I MAY FILE WITH THE REGISTER A REVOCATION OF THIS WAIVER OF NOTICE BUT T HE REVOCATION WILL APPLY ONLY AFTER IT IS FILED AND SERVED ON THE PERSONA L REPRESENTATIVE. Date: (Signature)

Attorney

Address

Telephone Number

Certificate of Service I hereby certify that on this day of (month) , I delivered or mailed, postage prepaid, a copy of the foregoing Waiver (year) of Notice to , Personal Representative. (name and address) ,

Signature HISTORY: (Amended May 9, 2000, effective July 1, 2000.) MARYLAND RULES TITLE 6. SETTLEMENT OF DECEDENTS' ESTATES CHAPTER 100. GENERAL PROVISIONS

Md. Rule 6-127 (2012) Rule 6-127. Amendments and corrections (a) Amendments. Amendments to papers filed with the court or the register shall be freely allowed when justice so permits. (b) Required corrections. A personal representative who discovers that a document previously filed is incomplete or erroneous shall promptly file with the register an amendment or supplemental document reciting the correct information. (c) Service. The amended or supplemental document shall be served on any persons served with the document being amended or supplemented and on such other persons as the court may direct. MARYLAND RULES TITLE 6. SETTLEMENT OF DECEDENTS' ESTATES CHAPTER 100. GENERAL PROVISIONS Md. Rule 6-131 (2012) Rule 6-131. Presence of the personal representative A person petitioning for appointment as a personal representative need not appear personally before the register when the petition is presented for filing. MARYLAND RULES TITLE 6. SETTLEMENT OF DECEDENTS' ESTATES CHAPTER 100. GENERAL PROVISIONS Md. Rule 6-132 (2012) Rule 6-132. Appearance of attorneys (a) Entry of appearance. An appearance of an attorney may be entered by signing and filing a petition for probate or other paper, by filing a written request for the entry of an appearance, or, if the court permits, by orally requesting the entry of an appearance in open court. (b) Effect. The entry of an appearance is not a waiver of the right to assert any defense permitted by law. Special appearances are abolished. (c) Withdrawal of appearance. When the client has another attorney of record, an attorney may withdraw an appearance by filing a notice of withdrawal. When the client has no other attorney of record, an attorney may withdraw an appearance by filing a motion to withdraw pursuant to Rule 2-132.

MARYLAND RULES TITLE 6. SETTLEMENT OF DECEDENTS' ESTATES CHAPTER 100. GENERAL PROVISIONS Md. Rule 6-133 (2012) Rule 6-133. Attorney may act for person Except for the signing of documents required by law to be filed by a personal representative with the register or the court, a person's attorney may perform any act required or permitted by these rules to be performed by that person. When any notice is to be given by or to a person, the notice may be given by or to the attorney for that person. MARYLAND RULES TITLE 6. SETTLEMENT OF DECEDENTS' ESTATES CHAPTER 100. GENERAL PROVISIONS Md. Rule 6-134 (2012) Rule 6-134. Signing of petitions and other papers (a) Requirement. Every petition or other paper of a person represented by an attorney shall be signed by at least one attorney who has been admitted to practice law in this State and who complies with Rule 6-135. Every petition or other paper of a person who is not represented by an attorney shall be signed by the person. Every paper filed shall contain the address and telephone number of the attorney, or if there is no attorney, of the person by whom it is signed. (b) Effect of signature by attorney. The signature of an attorney on a paper constitutes a certification that the attorney has read the paper; that to the best of the attorney's knowledge, information, and belief there is good ground to support it; and that it is not interposed for improper purpose or delay. (c) Sanctions. If a paper is not signed as required (except inadvertent omission to sign, if promptly corrected) or is signed with intent to defeat the purpose of this Rule, it may be stricken and the action may proceed as though the paper had not been filed. For a wilful violation of this Rule, an attorney is subject to appropriate disciplinary action. MARYLAND RULES TITLE 6. SETTLEMENT OF DECEDENTS' ESTATES CHAPTER 100. GENERAL PROVISIONS Md. Rule 6-135 (2012) Rule 6-135. Requirements of signing attorney (a) General. In addition to having been admitted to practice law in this State, an attorney signing

a petition or paper in compliance with Rule 6-134 shall comply with one of the following two requirements. The attorney shall: (1) maintain an office for the practice of law in the United States, or (2) be a regular employee of an agency of government or of a business or other nongovernmental organization or association and be authorized to sign pleadings on behalf of the employer. The attorney shall not sign pleadings and papers on behalf of other clients unless both of the following requirements are met: (A) a substantial portion of the attorney's duties performed for the regular employer in the regular course of employment must constitute the practice of law, and (B) the office address as shown on the pleadings must be located in the United States and a substantial amount of the attorney's time must be spent in that office during ordinary business hours in the traditional work week. (b) Definition of "office for the practice of law." In this Rule, "office for the practice of law" means an office maintained for the practice of law in which a substantial amount of the attorney's time is usually devoted to the practice of law during ordinary business hours in the traditional work week. An attorney is deemed to be "in" such an office even though temporarily absent from it if the duties of law practice are actively conducted by the attorney from that office. (c) Certification by signing attorney with out-of-state office. If an attorney signing a petition or paper in compliance with Rule 6-134 does not maintain an office for the practice of law in this State, the first paper signed by the attorney and filed in the action shall be accompanied by the attorney's signed certification of admission to practice law in this State. MARYLAND RULES TITLE 6. SETTLEMENT OF DECEDENTS' ESTATES CHAPTER 100. GENERAL PROVISIONS Md. Rule 6-141 (2012) Rule 6-141. Bad faith -- Unjustified proceeding If the court finds that the conduct of any person in maintaining or defending any proceeding was in bad faith or without substantial justification, the court may require the offending person or the attorney advising the conduct or both of them to pay to any other person and, when appropriate, to the estate the costs of the proceeding and the reasonable expenses, including reasonable attorney's fees, incurred by the person or estate in opposing it. MARYLAND RULES TITLE 6. SETTLEMENT OF DECEDENTS' ESTATES CHAPTER 100. GENERAL PROVISIONS Md. Rule 6-151 (2012) Rule 6-151. Filing a will

Promptly after learning of the decedent's death, the custodian of a document appearing to be the last will of the decedent shall file it with the register even if it is not to be offered for probate. The will shall be filed in the county in which administration should be had pursuant to Rule 6-111. A prior will need not be filed with the register unless (a) the custodian learns that the subsequent will has been declared invalid or is being or may be contested, (b) the custodian is requested to produce it in connection with a proceeding to interpret the subsequent will, or (c) the court orders the custodian to produce it. A will to be offered for probate, unless previously filed, shall be filed in conjunction with the filing of a petition for administrative or judicial probate or administration of a small estate. MARYLAND RULES TITLE 6. SETTLEMENT OF DECEDENTS' ESTATES CHAPTER 100. GENERAL PROVISIONS Md. Rule 6-152 (2012) Rule 6-152. Proof of execution of will When required in administrative probate and when permitted by the court in judicial probate, proof of execution of a will shall be made by filing a statement in the following form:

[CAPTION] PROOF OF EXECUTION OF WILL I solemnly affirm under the penalties of perjury that I have personal knowledge that the will of dated was signed or acknowledged by the testator in the presence of the following witness(es):

who signed at the testator's request and in the testator's presence.

Declarant

Address

Date

Attorney

Address

Telephone Number

(FOR REGISTER'S USE) Date of Death Date Will was admitted to probate MARYLAND RULES TITLE 6. SETTLEMENT OF DECEDENTS' ESTATES CHAPTER 100. GENERAL PROVISIONS Md. Rule 6-153 (2012) Rule 6-153. Admission of copy of executed will An interested person, without notice to other interested persons, may file a petition for the admission of a copy of an executed will at any time before administrative or judicial probate if: (1) the original executed will is alleged to be lost or destroyed; (2) a duplicate reproduction of the original executed will, evidencing a copy of the original signatures of the decedent and the witnesses, is offered for admission; and (3) all the heirs at law and all legatees named in the will have executed a consent in the following form: [CAPTION] CONSENT TO PROBATE OF COPY OF EXECUTED LAST WILL AND TESTAMENT The undersigned and , being all the heirs at law of the decedent and all the legatees named in the will executed by the decedent on , hereby consent to the probate of a copy of that executed will, it having been determined, after an extensive search of the decedent's personal records, that an original of the will cannot be located. By signing this consent each of the undersigned affirms that it is his or her belief that the will executed by the decedent on , is the last valid will executed by the decedent and was not revoked and that the copy of the will, as submitted with the petition for its admission, represents a true and correct copy of the will. We affirm under the penalties of perjury that the facts set forth in this consent are true and correct to the best of our knowledge, information, and belief. Date Signature =qr Print Name and =qr Relationship

Attorney

Address

Telephone Number HISTORY: (Added March 9, 2010, effective July 1, 2010.) MARYLAND RULES TITLE 6. SETTLEMENT OF DECEDENTS' ESTATES CHAPTER 100. GENERAL PROVISIONS Md. Rule 6-161 (2012) Rule 6-161. Subpoenas Subpoenas issued in connection with proceedings subject to these Rules are governed by Rule 2510. MARYLAND RULES TITLE 6. SETTLEMENT OF DECEDENTS' ESTATES CHAPTER 100. GENERAL PROVISIONS Md. Rule 6-171 (2012) Rule 6-171. Entry of order or judgment (a) Direction by court. After determination of an issue, whether by the court or by the circuit

court after transmission of issues, the court shall direct the entry of an appropriate order or judgment. Cross references. -- Rule 6-434. (b) Entry by register. The register shall enter an order or judgment by making a record of it in writing on the file jacket, or on a docket within the file, or in a docket book, according to the practice of each court, and shall record the actual date of the entry. That date shall be the date of the order or judgment. MARYLAND RULES TITLE 6. SETTLEMENT OF DECEDENTS' ESTATES CHAPTER 100. GENERAL PROVISIONS Md. Rule 6-172 (2012) Rule 6-172. Notice of orders Upon entry on the docket of any order or ruling of the court not made in the course of a hearing or trial, the register shall send a copy of the order or ruling to any person who was served with a copy of the petition or paper to which the order or ruling relates, unless the record discloses that notice of the court's action has already been given. This Rule does not apply to show cause orders issued pursuant to Rule 6-124. HISTORY: (Amended May 14, 1992, effective July 1, 1992.) MARYLAND RULES TITLE 6. SETTLEMENT OF DECEDENTS' ESTATES CHAPTER 100. GENERAL PROVISIONS Md. Rule 6-173 (2012) Rule 6-173. Order upon ex parte application prohibited -- Exceptions The court shall not sign any order or grant any relief in an action upon an ex parte application unless: (a) an ex parte application is expressly provided for or necessarily implied by these rules or other law, or (b) the applicant has certified in writing that all persons who will be affected have been given notice of the time and place of presentation of the application to the court or that specified efforts commensurate with the circumstances have been made to give notice. MARYLAND RULES

TITLE 6. SETTLEMENT OF DECEDENTS' ESTATES CHAPTER 200. SMALL ESTATE Md. Rule 6-201 (2012) Rule 6-201. Petition for administration of a small estate (a) Form of petition. A petition for administration of a small estate shall be filed (1) with the register if administrative probate is requested or (2) with the court if judicial probate is requested or required. The form of the petition is set forth in Rule 6-122 (a). Cross references. -- Code, Estates and Trusts Article, 5-602. (b) Additional documents. A Petition for Administration of a Small Estate shall be accompanied by a List of Interested Persons (Rule 6-202), and, if required: a Consent to Appointment of Personal Representative (Rule 6-203), or Renunciation of Right to Letters (Rule 6-204), an Appointment of a Resident Agent (Rule 6-205), a Notice of Appointment in duplicate (Rule 6-209), and a Proof of Execution of Will (Rule 6-152). HISTORY: (Amended Feb. 10, 1998, effective July 1, 1998.) MARYLAND RULES TITLE 6. SETTLEMENT OF DECEDENTS' ESTATES CHAPTER 200. SMALL ESTATE Md. Rule 6-202 (2012) Rule 6-202. List of interested persons A list of interested persons shall be filed in the following form: [CAPTION] LIST OF INTERESTED PERSONS Name (and age Last Known Ad Specify: if under 18 dress including Relationship Heir/Legatee/Personal years) Zip code Representative to Decedent

I solemnly affirm under the penalties of perjury that the contents of the foregoing list of interested persons are true to the best of my knowledge, information, and belief.

Petitioner/Personal Representative

Attorney

Address

Telephone Number

Instructions: 1. Interested persons include decedent's heirs (surviving spouse, children, and other persons who would inherit if there were no will) and, if decedent died with a will, the personal representative named in the will and all legatees (persons who inherit under the will). All heirs must be listed even if decedent dies with a will.

2. This list must be filed (a) within 20 days after appointment of a personal representative under administrative probate or (b) at the time of filing a Petition for Judicial Probate or a Petition for Administration of a Small Estate. MARYLAND RULES TITLE 6. SETTLEMENT OF DECEDENTS' ESTATES CHAPTER 200. SMALL ESTATE Md. Rule 6-203 (2012) Rule 6-203. Consent to appointment of personal representative A consent to the appointment of another person as personal representative shall be in the following form: [CAPTION] CONSENT TO APPOINTMENT OF PERSONAL REPRESENTATIVE OF SMALL ESTATE I, will OR , the personal representative named in the

(state relationship to decedent or other basis for appointment) ask the court or register to appoint instead of me to serve as personal representative and consent to that appointment. I understand that if is so appointed I may not withdraw this consent so long as remains personal representative, except upon a showing of good cause.

DATE

SIGNATURE NAME (typed or printed)

Attorney

Address

Telephone Number

HISTORY: (Amended May 14, 1992, effective July 1, 1992.) MARYLAND RULES TITLE 6. SETTLEMENT OF DECEDENTS' ESTATES CHAPTER 200. SMALL ESTATE Md. Rule 6-204 (2012) Rule 6-204. Renunciation of right to letters A renunciation of the right to letters of administration may not be revoked except upon a showing of good cause. A renunciation shall be in writing and filed with the register, and shall contain an acknowledgement that the person renouncing the right to letters understands that the renunciation may not be revoked except upon a showing of good cause. MARYLAND RULES TITLE 6. SETTLEMENT OF DECEDENTS' ESTATES CHAPTER 200. SMALL ESTATE Md. Rule 6-205 (2012) Rule 6-205. Appointment of resident agent An appointment of a resident agent shall be in the following form:

[CAPTION] APPOINTMENT OF RESIDENT AGENT I appoint as my resident agent on whom service of process may be made with the same effect as if it were served on me personally in the State of Maryland. This appointment shall remain in effect until the filing of a subsequent Appointment of Resident Agent.

Date: Personal Representative I am a Maryland resident and accept the appointment as resident agent.

Resident Agent

Address

Telephone Number

Attorney

Address

Telephone Number MARYLAND RULES TITLE 6. SETTLEMENT OF DECEDENTS' ESTATES CHAPTER 200. SMALL ESTATE Md. Rule 6-206 (2012) Rule 6-206. Proceeding after petition If the register finds that the petition for administrative probate of a small estate and additional information filed in the proceeding are accurate, the register shall: (a) appoint the petitioner personal representative of the small estate and issue letters of administration according to the form set forth in Rule 6-207; (b) direct the petitioner to pay fees due the register, expenses of administration, allowable funeral expenses, and statutory family allowances, and if necessary, to sell property of the decedent in order to pay them; and (c) if it appears that there will be property remaining after those payments have been made, or if the petitioner has requested probate of a will even though there may be no property remaining after the payments have been made, admit the will to probate, direct the publication of the Notice of Appointment in accordance with Rule 6-209, and serve a copy of the Notice of Appointment, together with the Notice to Interested Persons (Rule 6-210), upon all interested persons; and (d) enter an order in the form provided in Rule 6-208 and serve a copy on the personal representative. MARYLAND RULES TITLE 6. SETTLEMENT OF DECEDENTS' ESTATES CHAPTER 200. SMALL ESTATE Md. Rule 6-207 (2012)

Rule 6-207. Letters of administration Letters of administration to the personal representative shall be in the following form: STATE OF MARYLAND LETTERS OF ADMINISTRATION OF SMALL ESTATE Estate No. I certify that administration of the Estate of was granted on the day of (month) , , to (year)

as personal representative and the appointment is in effect this day of , . (month) [ ] Will probated (date) [ ] Intestate estate. [ ] Unprobated will -- Probate not required. (year) .

Register of Wills for

VALID ONLY IF SEALED WITH THE SEAL OF THE COURT OR THE REGISTER HISTORY: (Amended May 9, 2000, effective July 1, 2000; Mar. 5, 2001, effective July 1, 2001.) MARYLAND RULES TITLE 6. SETTLEMENT OF DECEDENTS' ESTATES CHAPTER 200. SMALL ESTATE

Md. Rule 6-208 (2012) Rule 6-208. Form of register's order The order entered by the register shall be in the following form: [CAPTION] ORDER FOR SMALL ESTATE Upon the foregoing Petition, it is this day of , , by the

(month) (year) Register of Wills ordered that: 1. The estate of 2. shall be administered as a small estate. shall serve as personal representative.

3. The personal representative shall pay fees due the register, expenses of administration, allowable funeral expenses, and statutory family allowances, and, if necessary, sell property of the decedent in order to pay them. 4. The will dated (including codicils, if any, dated accompanying the petition is: [ ] admitted to probate; or [ ] retained on file only. 5. Publication is: [ ] not required; or [ ] required and Notice of Appointment shall be published once in a newspaper of general circulation in the county of appointment. 6. When publication is required, the personal representative shall, subject to the statutory order of priorities and the resolution of disputed claims by the parties or by the court: (a) pay all proper claims, expenses, and allowances not previously paid; (b) if necessary, sell property of the estate in order to do so; and (c) distribute the remaining property of the estate in accordance with the will or, if none, with the intestacy laws of this State. )

Register of Wills

THIS ORDER DOES NOT CONSTITUTE LETTERS OF ADMINISTRATION AND DOES N OT AUTHORIZE THE TRANSFER OF ASSETS. Certificate of Service I hereby certify that on this day of (month) , ,I (year)

delivered or mailed, postage prepaid, a copy of the foregoing Order to , Personal Representative. (name and address)

Register of Wills

HISTORY: (Amended May 14, 1992, effective July 1, 1992; May 9, 2000, effective July 1, 2000; April 5, 2005, effective July 1, 2005; June 7, 2011, effective July 1, 2011.) MARYLAND RULES TITLE 6. SETTLEMENT OF DECEDENTS' ESTATES CHAPTER 200. SMALL ESTATE Md. Rule 6-209 (2012) Rule 6-209. Notice of appointment (a) Notice. When notice of appointment is required to be published by the order of the register, the personal representative shall file the notice in duplicate in the following form:

(FILE IN DUPLICATE)

(name and address of attorney) SMALL ESTATE NOTICE OF APPOINTMENT Estate No. NOTICE TO CREDITORS NOTICE TO UNKNOWN HEIRS TO ALL PERSONS INTERESTED IN THE ESTATE OF Notice is given that (name & address) .

was on

appointed personal representative of (date)

the small estate of who died on (with) (without) a will. (date) Further information can be obtained by reviewing the estate file in the office of the Register of Wills or by contacting the personal representative or the attorney.

All persons having any objection to the appointment shall file their objections with the Register of Wills within 30 days after the date of publication of this notice. All persons having an objection to the probate of the will shall file their objections with the Register of Wills within six months after the date of publication of this Notice. All persons having claims against the decedent must serve their claims on the undersigned personal representative or file them with the Register of Wills with a copy to the undersigned on or before the earlier of the following dates: (1) Six months from the date of the decedent's death, except if the decedent died before October 1, 1992, nine months from the date of the decedent's death; or (2) Thirty days after the personal representative mails or otherwise delivers to the creditor a copy of this published notice or other written notice, notifying the creditor that the claims will be barred unless the creditor presents the claim within thirty days from the mailing or other delivery of the notice. Any claim not served or filed within that time, or any extension provided by law, is unenforceable thereafter.

Personal Representative(s)

True Test Copy

Name and Address of Register of Wills for

Name of newspaper designated by personal representative: (b) Modification of form. If the initial appointment is made under judicial probate, this form may be modified to delete reference to the notice of the right to object to the appointment of the personal representative or to the probate of the decedent's will, as applicable. (c) Publication. The register shall cause the notice to be published once in a newspaper of general circulation in the county of appointment. (d) Certificate of publication. Within 60 days after publication, the personal representative shall cause to be filed with the register a certification that the required newspaper notice has been published. HISTORY: (Amended May 14, 1992, effective July 1, 1992; Dec. 8, 1992; Nov. 12, 2003, effective Jan. 1, 2004.) MARYLAND RULES TITLE 6. SETTLEMENT OF DECEDENTS' ESTATES CHAPTER 200. SMALL ESTATE Md. Rule 6-210 (2012) Rule 6-210. Notice to interested persons Promptly after the personal representative files a notice of appointment pursuant to Rule 6-209, at the expense of the estate the register shall send by certified mail to each interested person a copy of that notice and a notice in the following form: NOTICE TO INTERESTED PERSONS In accordance with Maryland law, you are hereby given legal notice of the proceedings in a decedent's estate as more fully set forth in the enclosed copy of the newspaper publication or Notice of Appointment. This notice is sent to all persons who might inherit if there is no will or who are persons designated to inherit under a will. This notice does not necessarily mean that you will inherit under this estate. Further information can be obtained by reviewing the estate file in this office or by contacting the personal representative or the attorney. Any subsequent notices regarding this estate will be sent to you at the

address to which this notice was sent. If you wish notice sent to a different address, you must notify me in writing.

Register of Wills

Address

HISTORY: (Amended Dec. 10, 1996, effective Jan. 1, 1997.) MARYLAND RULES TITLE 6. SETTLEMENT OF DECEDENTS' ESTATES CHAPTER 200. SMALL ESTATE Md. Rule 6-211 (2012) Rule 6-211. Proceedings after publication (a) Payments and distribution. After the time for filing claims has expired, subject to the statutory order of priorities and subject to the resolution of disputed claims by the parties or the court, the personal representative shall (1) pay all proper claims, expenses, and allowances not previously paid; (2) if necessary, sell property of the estate in order to do so; and (3) distribute the remaining assets of the estate in accordance with the will or, if none, with the intestacy laws of this State. (b) Objections and disputed claims. Objections or disputed claims that have not been resolved or settled by agreement may be pursued by the objecting party or claimant before the court. The court shall decide the objection or dispute after a hearing and shall direct payment from the estate of all proper claims, expenses and allowances not previously paid, direct distribution of the net estate in accordance with the will or, if none, with the intestacy laws of this State, and take any action it deems necessary. HISTORY: (Amended Nov. 12, 2003, effective Jan. 1, 2004.) MARYLAND RULES TITLE 6. SETTLEMENT OF DECEDENTS' ESTATES CHAPTER 200. SMALL ESTATE Md. Rule 6-212 (2012) Rule 6-212. After-discovered property

The personal representative shall report promptly by verified statement all property of the decedent discovered after the filing of the petition. If that property increases the value of all property of the decedent to the point where Rule 6-206 (c) is applicable, the register shall direct appropriate proceedings pursuant to that Rule. If the value of all property of the decedent is increased to more than the allowable limits of a small estate, the administration as a small estate shall be discontinued and administration shall proceed by the filing of a Petition for Administrative Probate (Rule 6-301) or Judicial Probate (Rule 6-302), and the Notice of Appointment (Rule 6311) shall recite the existence of the prior small estate proceeding. MARYLAND RULES TITLE 6. SETTLEMENT OF DECEDENTS' ESTATES CHAPTER 200. SMALL ESTATE Md. Rule 6-221 (2012) Rule 6-221. Proceedings under judicial probate If judicial probate is requested or required in a small estate proceeding, the requirements set forth in Rule 6-302 shall apply. In all other respects the court shall follow the provisions of this Chapter. MARYLAND RULES TITLE 6. SETTLEMENT OF DECEDENTS' ESTATES CHAPTER 200. SMALL ESTATE Md. Rule 6-222 (2012) Rule 6-222. Personal representative's bond Unless bond is expressly excused by the will or by the written waiver of all interested persons, the personal representative shall file a bond in the form set forth in Rule 6-312 (a) if the estate is established to have a gross value of $ 10,000 or more after the payment of allowable funeral expenses, family allowances, fees due the register, and expenses of administration. HISTORY: (Added Jan. 11, 1994.) MARYLAND RULES TITLE 6. SETTLEMENT OF DECEDENTS' ESTATES CHAPTER 300. OPENING ESTATES Md. Rule 6-301 (2012) Rule 6-301. Petition for probate (a) Form of petition. A petition for probate, whether administrative or judicial, shall be filed with

the register in the form set forth in Rule 6-122 (a). Cross references. -- Code, Estates and Trusts Article, 5-104, 5-105, 5-301, and 5-401. (b) Modification of form. The form set forth in Rule 6-122 (a) shall be appropriately modified if the petitioner for judicial probate is not requesting appointment as personal representative. (c) Additional documents -- Administrative probate. A petition for administrative probate shall be accompanied by a Notice of Appointment in duplicate (Rule 6-311), a Bond (Rule 6-312 (a) or (b)), and, if required: a Consent to Appointment of Personal Representative (Rule 6-313), a Renunciation of Right to Letters (Rule 6-314), and Appointment of Resident Agent (Rule 6-315), and a Proof of Execution of Will (Rule 6-152). The List of Interested Persons (Rule 6-316) may be filed by the petitioner at this time and, if not so filed, shall be filed by the personal representative within 20 days after appointment. (d) Additional documents -- Judicial probate. A petition for judicial probate shall be accompanied by a List of Interested Persons (Rule 6-316), including all legatees under any will or codicil offered for probate, and if required: a Personal Representative's Acceptance and Consent (Rule 6-342), a Consent to Appointment of Personal Representative (Rule 6-313), a Renunciation of Right to Letters (Rule 6-314), and an Appointment of Resident Agent (Rule 6-315). HISTORY: (Amended Feb. 10, 1998, effective July 1, 1998.) MARYLAND RULES TITLE 6. SETTLEMENT OF DECEDENTS' ESTATES CHAPTER 300. OPENING ESTATES Md. Rule 6-302 (2012) Rule 6-302. Proceedings for judicial probate (a) Service of petition. A copy of a petition for judicial probate (Rule 6-301 (a)) shall be served by the petitioner on the personal representative, if any. Cross references. -- Code, Estates and Trusts Article, 5-401. (b) Notice of judicial probate. Within five days after receiving the names and addresses of the interested persons, at the expense of the estate the register shall serve on the interested persons by certified mail a Notice of Judicial Probate. The register shall publish the notice once a week for two successive weeks in a newspaper of general circulation in the county where judicial probate is requested. The notice shall be in the following form: [CAPTION] NOTICE OF JUDICIAL PROBATE

To all Persons Interested in the above estate: You are hereby notified that a petition has been filed by for judicial probate of the will dated (and codicils, if any, dated ) and

for the appointment of a personal representative. A hearing will be held at on (place) at (date) (time) .

This hearing may be transferred or postponed to a subsequent time. Further information may be obtained by reviewing the estate file in the office of the Register of Wills.

Register of Wills Cross references. -- Code, Estates and Trusts Article, 1-103 (a) and 5-403. (c) Hearing. The court shall hold a hearing on the petition for judicial probate and shall take any appropriate action. Cross references. -- Code, Estates and Trusts Article, 5-404. (d) Notice of appointment. After a personal representative has been appointed and if no Notice of Appointment has been published, notice shall be in the form as set forth in Rule 6-311 and published as set forth in Rule 6-331 (a). HISTORY: (Amended Dec. 10, 1996, effective Jan. 1, 1997.) MARYLAND RULES TITLE 6. SETTLEMENT OF DECEDENTS' ESTATES CHAPTER 300. OPENING ESTATES Md. Rule 6-311 (2012) Rule 6-311. Notice of appointment

(a) Form of notice. The petitioner shall file with the register, in duplicate, a notice of appointment in the following form:

(FILE IN DUPLICATE)

(name and address of attorney) NOTICE OF APPOINTMENT NOTICE TO CREDITORS NOTICE TO UNKNOWN HEIRS Estate No. TO ALL PERSONS INTERESTED IN THE ESTATE OF . Notice is given that (name and address)

was on

appointed personal representative of the estate (date)

of who died on , (with) (without) a will. (date) Further information can be obtained by reviewing the estate file in the office of the Register of Wills or by contacting the personal representative or the attorney.

All persons having any objection to the appointment (or to the probate of the decedent's will) shall file their objections with the Register of Wills on or before the day of , (6 months from date of appointment) . (year) Any person having a claim against the decedent must present the claim to the undersigned personal representative or file it with the Register of Wills with a copy to the undersigned on or before the earlier of the following dates: (1) Six months from the date of the decedent's death, except if the decedent died before October 1, 1992, nine months from the date of the decedent's death; or (2) Two months after the personal representative mails or otherwise delivers to the creditor a copy of this published notice or other written notice, notifying the creditor that the claim will be barred unless the creditor presents the claims within two months from the mailing or other delivery of the notice. A claim not presented or filed on or before that date, or any extension provided by law, is unenforceable thereafter. Claim forms may be obtained from the Register of Wills.

Personal Representative(s)

True Test Copy Name and Address of Register of Wills for Name of newspaper designated by personal representative:

(b) Modification of form. If the initial appointment is made under judicial probate, this form may be modified to delete reference to the notice of the right to object to the appointment of the personal representative or to the probate of the decedent's will, as applicable. If there was a prior small estate proceeding, the form shall be modified to state that fact. If the initial appointment was made more than six months after the decedent's death, the form may be modified to eliminate the reference to persons having a claim against the estate. HISTORY: (Amended May 14, 1992, effective July 1, 1992; Dec. 8, 1992; Feb. 10, 1998, effective July 1, 1998; May 9, 2000, effective July 1, 2000.) MARYLAND RULES TITLE 6. SETTLEMENT OF DECEDENTS' ESTATES CHAPTER 300. OPENING ESTATES Md. Rule 6-312 (2012) Rule 6-312. Bonds (a) Form of personal representative's bond. Unless exempted by law or excused from giving a bond, the personal representative shall file a bond substantially in the following form: Estate No. BOND OF PERSONAL REPRESENTATIVE As of this day of , , (month) (year) , personal representative of the Estate of , as principal

and as surety are obligated to the State of Maryland for the benefit of all interested persons and creditors in the sum of Dollars. If the personal representative shall perform the duties of the office of the personal representative of the estate of the decedent according to law, and in all respects shall discharge the duties without any injury or damage to any person interested in the faithful performance of the office, then the obligation shall be void.

SIGNED, SEALED, AND DELIVERED IN THE PRESENCE OF: (SEAL) Address

Surety (SEAL) By: Cross references. -- Code, Estates and Trusts Article, 6-102. (b) Form of nominal bond. A personal representative who is excused by the will or by all interested persons from giving a bond shall file a nominal bond substantially in the following form unless exempted by law. Estate No. NOMINAL BOND OF PERSONAL REPRESENTATIVE As of this day of , , (month) (year)

, personal representative of the Estate of as principal and as surety are obligated to the State of Maryland in the sum of Dollars. This obligation shall be void if the personal representative pays from the estate the debts due by the decedent, the Maryland inheritance tax, court costs, and register's fees.

SIGNED, SEALED, AND DELIVERED

IN THE PRESENCE OF: (SEAL) Address

Surety: By:

(SEAL)

(c) Form of waiver of bond. Interested persons may waive the giving of a bond, other than the bond required by section (b) of this Rule, by filing their consent in the following form. [CAPTION] WAIVER OF BOND We, interested persons with respect to the Estate of , consent that shall serve as personal representative without a bond except as required by law.

DATE SIGNATURE NAME (typed or printed)

Attorney

Address

Telephone Number

(d) Enforcement. The liability of a surety on a bond may be enforced pursuant to Rule 1-404. HISTORY: (Amended May 14, 1992, effective July 1, 1992; Feb. 10, 1998, effective July 1, 1998; May 9, 2000, effective July 1, 2000.) MARYLAND RULES TITLE 6. SETTLEMENT OF DECEDENTS' ESTATES CHAPTER 300. OPENING ESTATES Md. Rule 6-313 (2012) Rule 6-313. Consent to appointment of personal representative A consent to the appointment of another person as personal representative shall be in the following form: [CAPTION] CONSENT TO APPOINTMENT OF PERSONAL REPRESENTATIVE I, will OR , the personal representative named in the

(state relationship to decedent or other basis for appointment) ask the court or register to appoint instead of me to serve as personal representative and consent to that appointment. I understand that if is so appointed I may not withdraw this consent so long as

remains personal representative, except upon a showing of good cause.

DATE NAME

SIGNATURE (typed or printed)

Attorney

Address

Telephone Number

HISTORY: (Amended May 14, 1992, effective July 1, 1992.) MARYLAND RULES TITLE 6. SETTLEMENT OF DECEDENTS' ESTATES CHAPTER 300. OPENING ESTATES

Md. Rule 6-314 (2012) Rule 6-314. Renunciation of right to letters A renunciation of the right to letters of administration may not be revoked except upon a showing of good cause. A renunciation shall be in writing and filed with the register, and shall contain an acknowledgement that the person renouncing the right to letters understands that the renunciation may not be revoked except upon showing of good cause. MARYLAND RULES TITLE 6. SETTLEMENT OF DECEDENTS' ESTATES CHAPTER 300. OPENING ESTATES Md. Rule 6-315 (2012) Rule 6-315. Appointment of resident agent An appointment of a resident agent shall be in the following form: [CAPTION] APPOINTMENT OF RESIDENT AGENT I appoint as my

resident agent on whom service of process may be made with the same effect as if it were served on me personally in the State of Maryland. This appointment shall remain in effect until the filing of a subsequent Appointment of Resident Agent.

Date: Personal Representative

I am a Maryland resident and accept the appointment as resident agent.

Resident Agent

Address

Telephone Number

Attorney

Address

Telephone Number MARYLAND RULES TITLE 6. SETTLEMENT OF DECEDENTS' ESTATES CHAPTER 300. OPENING ESTATES Md. Rule 6-316 (2012) Rule 6-316. List of interested persons A list of interested persons shall be filed in the following form: [CAPTION] LIST OF INTERESTED PERSONS Specify: Heir/Legatee/ Name (and age if Last Known Address

Personal Relationship under 18 years) including Zip Code Representative to Decedent

I solemnly affirm under the penalties of perjury that the contents of the foregoing list of interested persons are true to the best of my knowledge, information, and belief.

Petitioner/Personal Representative

Attorney

Address

Telephone Number

Instructions: 1. Interested persons include decedent's heirs (surviving spouse, children, and other persons who would inherit if there were no will) and, if decedent dies with a will, the personal representative named in the will and all legatees (persons who inherit under the will). All heirs must be listed even if decedent died with a will.

2. This list must be filed (a) within 20 days after appointment of a personal representative under administrative probate or (b) at the time of filing a Petition for Judicial Probate or a Petition for Administration of a Small Estate. MARYLAND RULES TITLE 6. SETTLEMENT OF DECEDENTS' ESTATES CHAPTER 300. OPENING ESTATES Md. Rule 6-317 (2012) Rule 6-317. Notice to interested persons At the expense of the estate, the register shall send by certified mail to each interested person a copy of the published Notice of Appointment as required by Rule 6-331 (b) and a notice in the

following form: NOTICE TO INTERESTED PERSONS In accordance with Maryland law, you are hereby given legal notice of the proceedings in a decedent's estate as more fully set forth in the enclosed copy of the newspaper publication or Notice of Appointment. This notice is sent to all persons who might inherit if there is no will or who are persons designated to inherit under a will. This notice does not necessarily mean that you will inherit under this estate. Further information can be obtained by reviewing the estate file in this office or by contacting the personal representative or the attorney. Any subsequent notices regarding this estate will be sent to you at the address to which this notice was sent. If you wish notice sent to a different address, you must notify me in writing.

Register of Wills

Address

HISTORY: (Amended Dec. 10, 1996, effective Jan. 1, 1997.) MARYLAND RULES TITLE 6. SETTLEMENT OF DECEDENTS' ESTATES CHAPTER 300. OPENING ESTATES Md. Rule 6-322 (2012) Rule 6-322. Letters of administration After the appointment of a personal representative, the register shall issue letters of administration to the personal representative in the following form: STATE OF MARYLAND

LETTERS OF ADMINISTRATION Estate No.

I certify that administration of the Estate of was granted on the day of (month) to as personal representative and the appointment is in effect this , . (month) (year) . (date) [ ] Intestate estate. day of , , (year)

[ ] Will probated

Register of Wills for

VALID ONLY IF SEALED WITH THE SEAL OF THE COURT OR THE REGISTER HISTORY: (Amended May 9, 2000, effective July 1, 2000.) MARYLAND RULES

TITLE 6. SETTLEMENT OF DECEDENTS' ESTATES CHAPTER 300. OPENING ESTATES Md. Rule 6-331 (2012) Rule 6-331. Publication (a) Notice of appointment of the first personal representative -- Administrative or judicial probate. Upon appointment of the first personal representative, whether under administrative or judicial probate, the Notice of Appointment (Rule 6-311) shall be published once a week for three successive weeks in a newspaper of general circulation in the county of appointment. Cross references. -- Code, Estates and Trusts Article, 7-103. (b) Delivery of published notice. Within 20 days after appointment, the personal representative shall cause to be delivered to the register a sufficient number of copies of the first publication of the Notice of Appointment for filing and for delivery to all interested persons. The register shall send a copy to each interested person together with the Notice to Interested Persons required by Rule 6-317. Cross references. -- Code, Estates and Trusts Article, 7-104 and 2-210. (c) Certificate of publication. The personal representative shall cause to be filed with the register a certification that the required newspaper notice has been published. Cross references. -- Code, Estates and Trusts Article, 7-103 (a). MARYLAND RULES TITLE 6. SETTLEMENT OF DECEDENTS' ESTATES CHAPTER 300. OPENING ESTATES Md. Rule 6-342 (2012) Rule 6-342. Personal representative's acceptance and consent Unless included on the petition for probate (Rule 6-301), an acceptance and consent shall be filed by the personal representative in the following form: [CAPTION] PERSONAL REPRESENTATIVE'S ACCEPTANCE AND CONSENT If appointed, I accept the duties of the office of personal representative and consent to personal jurisdiction in any action brought in this State against me as personal representative or arising out of the duties of the

office of personal representative.

Date: Name

Address

Attorney

Address

Telephone Number MARYLAND RULES TITLE 6. SETTLEMENT OF DECEDENTS' ESTATES CHAPTER 300. OPENING ESTATES Md. Rule 6-351 (2012) Rule 6-351. Conversion to small estate proceeding When an estate has been opened under this Chapter that may be administered under the small estate proceedings, the personal representative, at any time before the filing of an initial account, may file a Petition for Administration of a Small Estate, reciting the existence of the proceeding under this Chapter. The estate shall thereafter be administered under the provisions of Chapter 200 of this Title except that the Notice of Appointment prescribed by Rule 6-209 shall not be published if the Notice of Appointment prescribed by Rule 6-311 has been published one or more times in the proceeding under this Chapter, and the periods set forth in Code, Estates and Trusts Article, 8-103 for filing objections to an appointment and presenting claims against the estate shall govern.

MARYLAND RULES TITLE 6. SETTLEMENT OF DECEDENTS' ESTATES CHAPTER 400. ADMINISTRATION OF ESTATES Md. Rule 6-401 (2012) Rule 6-401. Actual notice to creditors (a) Duty to ascertain identity. Commencing upon appointment and until the time for filing claims has expired, the personal representative of a decedent's estate shall make a reasonably diligent effort to ascertain the name and address of each creditor of the decedent. (b) Time and manner of giving actual notice. At the time of first publication of a Notice of Appointment pursuant to Code, Estates and Trusts Article, 7-103 the personal representative shall deliver or send a copy of the Notice of Appointment by first class mail to all creditors of the decedent whose names and addresses are then known to the personal representative. Thereafter, the personal representative shall deliver or send a copy of the Notice of Appointment to any creditor whose name and address is discovered prior to the expiration of the time for filing claims. HISTORY: (Amended Apr. 8, 1997, effective July 1, 1997.) MARYLAND RULES TITLE 6. SETTLEMENT OF DECEDENTS' ESTATES CHAPTER 400. ADMINISTRATION OF ESTATES Md. Rule 6-402 (2012) Rule 6-402. Form of inventory Within three months after appointment, the personal representative shall file with the register (1) an inventory consisting of a summary and supporting schedules in the forms set forth in this Rule and (2) any required appraisal in conformity with Rule 6-403. (a) Form of summary. [CAPTION] Date of Death INVENTORY Summary Appraised

Schedule

Type of Property

Value

Real

Leasehold

Tangible personal

Corporate stocks

E decedent

Bonds, notes, mortgages, debts due to the $

F cash

Bank accounts, savings and loan accounts, $

All other interests Total $

I solemnly affirm under the penalties of perjury that the contents of the foregoing inventory are true to the best of my knowledge, information, and belief and that any property valued by me which I have authority as personal representative to appraise has been valued completely and correctly in accordance with law.

Date:

Personal Representative(s)

Attorney

Address

Telephone Number

(b) Form of supporting schedules.

Inventory of Estate of Estate No. SCHEDULE Item Market No. Description Value

Total $

Verification of appraiser other than personal representative, if not supplied separately: I solemnly affirm under the penalties of perjury that I appraised the property listed on this schedule on the day of , , (month) (year)

and that the appraisal was done impartially and to the best of my skill and judgment.

Signature of Appraiser

Name and Address

Instructions: Pursuant to Code, Estates and Trusts Article, 7-201, 1. Describe each item in reasonable detail, and indicate its appraised gross market value as of the date of death of the decedent. 2. If an item is encumbered, show the type and amount of any encumbrance in the description. 3. For real and leasehold property, give a description sufficient to identify the property and the title reference by liber and folio. 4. In listing tangible personal property it is not necessary to list wearing apparel other than furs and jewelry. HISTORY: (Amended May 14, 1992, effective July 1, 1992; May 9, 2000, effective July 1, 2000; amended March 9, 2010, effective July 1, 2010.) MARYLAND RULES TITLE 6. SETTLEMENT OF DECEDENTS' ESTATES CHAPTER 400. ADMINISTRATION OF ESTATES Md. Rule 6-403 (2012) Rule 6-403. Appraisal (a) Required content. When an appraisal is required, the appraisal shall be prepared and executed by each appraiser named in the Inventory, other than the personal representative. The appraisal shall (1) describe briefly the appraiser's qualifications, (2) list in columnar form each item appraised and its market value as of the date of death of the decedent and (3) be verified substantially in the following form: I solemnly affirm under the penalties of perjury that I appraised the property listed in this appraisal on the day of , (month) , and that the appraisal was done impartially and to the best of my

(year) skill and judgment.

Appraiser

Address

(b) Basis of appraisal. The basis of appraisal need not be set forth in the appraisal, but, upon request of the register or order of the court, the personal representative shall produce the basis for inspection by the register. HISTORY: (Amended Feb. 10, 1998, effective July 1, 1998; May 9, 2000, effective July 1, 2000; amended March 9, 2010, effective July 1, 2010.) MARYLAND RULES TITLE 6. SETTLEMENT OF DECEDENTS' ESTATES CHAPTER 400. ADMINISTRATION OF ESTATES Md. Rule 6-404 (2012) Rule 6-404. Information report Within three months after appointment, the personal representative shall file with the register an information report in the following form: [CAPTION] Date of Death [ ] With [ ] Without Will

INFORMATION REPORT 1. a. At the time of death did the decedent have any interest as a joint owner (other than with a person exempted from inheritance tax by Code, Tax General Article, 7-203) in any real or leasehold property located in Maryland or any personal property, including accounts in a credit union, bank, or other financial institution?

[ ] No [ ] Yes

If yes, give the following information as

to all such jointly owned property:

Name, Address, and Relationship Nature of Total Value of Joint Owner Property Property of

1. b. At the time of death did the decedent have any interest in any real or leasehold property located outside of Maryland either in the decedent's own name or as a tenant in common?

[ ] No [ ] Yes

If yes, give the following information as to such property:

Address, and Nature of Property Case Number, Names, and Location of Court Where Any Court Proceeding Has Been Initiated With Reference to the Property

2. Except for a bona fide sale or a transfer to a person exempted from inheritance tax pursuant to Code, Tax General Article, 7-203, within two years before death did the decedent make any transfer of any material part of the decedent's property in the nature of a final disposition or distribution, including any transfer that resulted in joint ownership of property?

[ ] No [ ] Yes

If yes, give the following information as to each transfer.

Date of

Name, Address, and RelaNature of Property Total Value tionship of Transferee Transferred of Property

Transfer

3. Except for interests passing to a person exempted by Code, Tax General Article, 7-203, at the time of death did the decedent have (a) any interest less than absolute in real or personal property over which the decedent retained dominion while alive, including a P.O.D. account, (b) any interest in any annuity or other public or private employee pension or benefit plan, (c) any interest in real or personal property for life or for a term of years, or (d) any other interest in real or personal property less than absolute, in trust or otherwise?

[ ] No [ ] Yes

If yes, give the following information as to each such interest:

Name, Address, and Description of Interest and Amount or Value Date and Type of InstruRelationship of ment Establishing Successor, Owner, or Interest Beneficiary

I solemnly affirm under the penalties of perjury that the contents of this report are true to the best of my knowledge, information, and belief. Date:

Personal Representative(s)

Attorney

Address

Telephone Number HISTORY: (Amended May 14, 1992, effective July 1, 1992; Dec. 8, 1992; Jan. 11, 1994; Feb. 10, 1998, effective July 1, 1998; Mar. 5, 2001, effective July 1, 2001.) MARYLAND RULES TITLE 6. SETTLEMENT OF DECEDENTS' ESTATES CHAPTER 400. ADMINISTRATION OF ESTATES Md. Rule 6-405 (2012) Rule 6-405. Application to fix inheritance tax on non-probate assets An application to fix inheritance taxes on non-probate assets shall be filed with the register within 90 days after decedent's death, together with any required appraisal in conformity with Rule 6-403. The application shall be in the following form:

BEFORE THE REGISTER OF WILLS FOR MARYLAND

In the matter of: , Deceased

File No.

APPLICATION TO FIX INHERITANCE TAX ON NON-PROBATE ASSETS The applicant represents that: 1. The decedent, a resident of (county) died on , . (year) ,

(month) (day)

2. The non-probate property subject to the inheritance tax in which the decedent and the recipient had interests, the nature of each interest (such as joint tenant, life tenant, remainderman of life estate, trustee, beneficiary, transferee), and the market value of the property at the date of death are: NATURE OF DATE AND TYPE PROPERTY INTERESTS OF INSTRUMENT MARKET VALUE

3. The name and address of the recipient of the property and the relationship to the decedent are: . 4. Any liens, encumbrances, or expenses payable from the above property

and their amounts are: $ $ $ 5. Attached is a statement of the basis for valuation or, if required by law, an appraisal. 6. All other information necessary to fix inheritance tax is as follows: [ ] tax is payable from residuary estate pursuant to decedent's will; [ ] OTHER (describe):

The applicant requests the Register of Wills to fix the amount of inheritance tax due. I solemnly affirm under the penalties of perjury that the contents of the foregoing application are true to the best of my knowledge, information, and belief.

Date: Applicant

Attorney

Address

Telephone Number

( FOR APPLICANT'S USE -- OPTIONAL ) Value of property as above............................................$ Less: Liens, encumbrances, and expenses as above......................$

Amount taxable........................................................$ Direct Inheritance Tax due at % Collateral Inheritance Tax due at % Total tax due.........................................................$ $ $

HISTORY: (Amended May 14, 1992, effective July 1, 1992; May 9, 2000, effective July 1, 2000; amended March 9, 2010, effective July 1, 2010.)

MARYLAND RULES TITLE 6. SETTLEMENT OF DECEDENTS' ESTATES CHAPTER 400. ADMINISTRATION OF ESTATES Md. Rule 6-411 (2012) Rule 6-411. Election to take statutory share

(a) Form of election. A surviving spouse may elect to take a statutory share by the timely filing of an election in the following form: [CAPTION] ELECTION TO TAKE STATUTORY SHARE OF ESTATE I, surviving spouse of , ,

renounce all provisions of my spouse's will pertaining to myself and elect to take my statutory share of the estate.

Witness:

Surviving Spouse

Date:

Attorney

Address

Telephone Number Cross references. -- Code, Estates and Trusts Article, 3-203.

(b) Time limitation for making election. An election to take a statutory share shall be filed within the later of nine months after the date of the decedent's death or six months after the date of the first appointment of a personal representative under a will, unless extended pursuant to this Rule. (c) Extension of time for making election. Within the period for making an election, the surviving spouse may file with the court a petition for an extension of time. The petitioner shall deliver or mail a copy of the petition to the personal representative. For good cause shown, the court may grant extensions not to exceed three months at a time, provided each petition for extension is filed before the expiration of the period originally prescribed or before the expiration of any period extended by a previous order. The court may rule on the petition without a hearing or, if time permits, with a hearing. If an extension is granted without a hearing, the register shall serve notice on the personal representative and such other persons as the court may direct. The notice shall be in the following form: [CAPTION] NOTICE OF EXTENSION OF TIME TO ELECT STATUTORY SHARE On the day of , , an extension of time to (month) (year) , day of

elect a statutory share of the estate was granted to the decedent's surviving spouse. The extension expires on the , . (month) (year)

If you believe there is good cause to object to the extension, within 20 days after service of this notice you may file with the court, in writing, a petition to shorten the time for filing an election. A copy of the petition shall be served on the surviving spouse.

Register of Wills

(d) Withdrawal. The surviving spouse may file with the register a withdrawal of the election at any

time before the expiration of the time, or any extension thereof granted by the court, for filing an election. HISTORY: (Amended Jan. 11, 1994; May 9, 2000, effective July 1, 2000; Nov. 12, 2003, effective Jan. 1, 2004; June 7, 2011, effective July 1, 2011.) MARYLAND RULES TITLE 6. SETTLEMENT OF DECEDENTS' ESTATES CHAPTER 400. ADMINISTRATION OF ESTATES Md. Rule 6-412 (2012) Rule 6-412. Disclaimer (a) Content of disclaimer. A disclaimer of a legacy, intestate share, survivorship interest, or other interest in or a power over a decedent's property shall be in writing or other record and shall (1) describe the or interest or power disclaimed, (2) declare the disclaimer, (3) be signed by the person making the disclaimer, and (4) be acknowledged if an interest in real property is disclaimed. Cross references. -- For form of acknowledgement, see Code, Real Property Article, 4-204. (b) Delivery or Filing of Disclaimer. The delivery or filing of a disclaimer is governed by Code, Estates and Trusts Article, 9-209. HISTORY: (Amended April 5, 2005, effective July 1, 2005.) MARYLAND RULES TITLE 6. SETTLEMENT OF DECEDENTS' ESTATES CHAPTER 400. ADMINISTRATION OF ESTATES Md. Rule 6-413 (2012) Rule 6-413. Claim against estate -- Procedure (a) Presentation of claim. A claimant may make a claim against the estate, within the time allowed for presenting claims, (1) by serving it on the personal representative, (2) by filing it with the register and serving a copy on the personal representative, or (3) by filing suit. If the claim is filed prior to the appointment of the personal representative, the claimant may file the claim with the register in the county in which the decedent was domiciled or in any county in which the decedent resided on the date of the decedent's death or in which real property or a leasehold interest in real property of the decedent is located. (b) Content of claim. A claim against the decedent's estate shall indicate (1) the basis of the claim, (2) the name and address of the claimant, (3) the amount claimed, (4) if the claim is not yet due, the date when it will become due, (5) if the claim is contingent, the nature of the contingency, and (6) if the claim is secured, a description of the security. Unless the claim is made by filing suit, it

shall be verified. (c) Form of claim. A claim against a decedent's estate may be filed or made substantially in the following form:

In the Estate of:

Estate No. Date

CLAIM AGAINST DECEDENT'S ESTATE The claimant certifies that there is due and owing by the decedent in accordance with the attached statement of account or other basis for the claim the sum of $ . I solemnly affirm under the penalties of perjury that the contents of the foregoing claim are true to the best of my knowledge, information, and belief.

Name of Claimant

Signature of claimant or person authorized to make verifications on behalf of claimant

Name and Title of Person Signing Claim

Address

Telephone Number

CERTIFICATE OF SERVICE I hereby certify that on this day of (month), (year), I [] delivered or [] mailed, first class, postage prepaid, a copy of the foregoing Claim to the personal representative, . (name and address)

Signature of Claimant Instructions: 1. This form may be filed with the Register of Wills upon payment of the filing fee provided by law. A copy must also be sent to the personal representative by the claimant. 2. If a claim is not yet due, indicate the date when it will become due. If a claim is contingent, indicate the nature of the contingency. If a claim is secured, describe the security. (d) Disallowance of claim or petition for determination of validity. If the claim or any part thereof is not to be allowed, the personal representative shall either disallow the claim in whole or in part in the manner provided by section (e) of this Rule, or petition the court for determination of the validity of the claim. (e) Form of disallowance of claim. Upon disallowing a claim the personal representative shall file with the register and mail to the claimant a notice in the following form: [CAPTION]

NOTICE OF DISALLOWANCE Your claim has been allowed in the amount of $ and disallowed in the amount of $ . Your claim in the amount disallowed will be forever barred unless within 60 days after the mailing of this notice you file a petition for allowance of the disallowed amount in the Orphans' Court or a suit against the personal representative.

Personal Representative CERTIFICATE OF SERVICE I certify that the disallowance of claim was mailed, postage prepaid, this day of , , to (month) (year) , claimant, at .

Personal Representative/Attorney

Name (printed)

Address

Telephone Number (f) Claimant's petition. (1) No action taken. If no action has been taken by the personal representative disallowing the claim in whole or in part, the claimant may petition the court for determination of the validity of the claim.

(2) After disallowance. A claimant whose claim has been disallowed in whole or in part may file with the court a petition for allowance within 60 days after mailing of the notice of disallowance. (g) Hearing. Upon the filing of a petition by the personal representative or a claimant, the court shall hold a hearing on the petition after notice to the personal representative, the claimant, and such other persons as the court may direct. (h) Notice to register of suit. If suit is filed against the personal representative by a claimant whose claim is disallowed in whole or in part, the personal representative shall notify the register in writing of the pendency of the suit within ten days after being served with the complaint. HISTORY: (Amended May 9, 2000, effective July 1, 2000; Dec. 4, 2007, effective Jan. 1, 2008) MARYLAND RULES TITLE 6. SETTLEMENT OF DECEDENTS' ESTATES CHAPTER 400. ADMINISTRATION OF ESTATES Md. Rule 6-414 (2012) Rule 6-414. Notice of proposed payment to personal representative or attorney (a) Scope of notice. Before making a proposed payment to the personal representative or the attorney for the estate for a claimed debt existing prior to the death of the decedent, the personal representative shall serve a notice on each unpaid creditor who has filed a claim and on each interested person and shall file a copy with the register. (b) Contents of notice. The notice shall state the amount of the proposed payment, the basis for the payment in reasonable detail, and a statement that each unpaid creditor and interested person has 20 days after service to file with the court written exceptions and to request a hearing. (c) Exception. An exception shall be filed with the court within 20 days after service of the notice and shall include the grounds therefor in reasonable detail. A copy of the exception shall be served on the personal representative. (d) Disposition. If exceptions have been timely filed, the court shall hold a hearing, if requested, and enter an order determining the amount of payment allowed. If exceptions are not timely filed, payment may be made as proposed without further order of court. HISTORY: (Amended Feb. 10, 1998, effective July 1, 1998.) MARYLAND RULES TITLE 6. SETTLEMENT OF DECEDENTS' ESTATES CHAPTER 400. ADMINISTRATION OF ESTATES Md. Rule 6-415 (2012)

Rule 6-415. Petition and order for funeral expenses When a petition for funeral expenses is required by law, it shall be filed in the following form: [CAPTION] PETITION AND ORDER FOR FUNERAL EXPENSES I hereby request allowance of funeral expenses and I state that: (1) The expenses are as follows (or as set forth in the attached statement or invoice):

. (2) The estate is (solvent) (insolvent). I solemnly affirm under the penalties of perjury that the contents of this petition are true to the best of my knowledge, information, and belief. Date:

Personal Representative(s)

Attorney

Address

Telephone Number Certificate of Service I hereby certify that on this day of , ,I

(month)

(year)

delivered or mailed, postage prepaid, a copy of the foregoing Petition to the following persons: . (name and address)

Signature ORDER Upon a finding that $ is a reasonable amount for funeral expenses, according to the condition and circumstances of the decedent, it is this day of , , (month) ORDERED, by the Orphans' Court for allowed. (year) County, that this sum is

JUDGES HISTORY: (Amended May 9, 2000, effective July 1, 2000; amended Nov. 8, 2005, effective Jan. 1, 2006.) MARYLAND RULES TITLE 6. SETTLEMENT OF DECEDENTS' ESTATES CHAPTER 400. ADMINISTRATION OF ESTATES Md. Rule 6-416 (2012) Rule 6-416. Attorney's fees or personal representative's commissions

(a) Subject to court approval. (1) Contents of petition. When a petition for the allowance of attorney's fees or personal representative's commissions is required, it shall be verified and shall state: (A) the amount of all fees or commissions previously allowed, (B) the amount of fees or commissions that the petitioner reasonably anticipates will be requested in the future, (C) the amount of fees or commissions currently requested, (D) the basis for the current request in reasonable detail, and (E) that the notice required by subsection (a) (3) of this Rule has been given. (2) Filing -- Separate or joint petitions. Petitions for attorney's fees and personal representative's commissions shall be filed with the court and may be filed as separate or joint petitions. (3) Notice. The personal representative shall serve on each unpaid creditor who has filed a claim and on each interested person a copy of the petition accompanied by a notice in the following form:

NOTICE OF PETITION FOR ATTORNEY'S FEES OR PERSONAL REPRESENTATIVE'S COMMISSIONS

You are hereby notified that a petition for allowance of attorney's fees or personal representative's commissions has been filed. You have 20 days after service of the petition within which to file written exceptions and to request a hearing. (4) Allowance by court. Upon the filing of a petition, the court, by order, shall allow attorney's fees or personal representative's commissions as it considers appropriate, subject to any exceptions. (5) Exception. An exception shall be filed with the court within 20 days after service of the petition and notice and shall include the grounds therefor in reasonable detail. A copy of the exception shall be served on the personal representative. (6) Disposition. If timely exceptions are not filed, the order of the court allowing the attorney's fees or personal representative's commissions becomes final. Upon the filing of timely exceptions, the court shall set the matter for hearing and notify the personal representative and other persons that the court deems appropriate of the date, time, place, and purpose of the hearing. (b) Consent in lieu of court approval.

(1) Conditions for payment. Payment of attorney's fees and personal representative's commissions may be made without court approval if: (A) the combined sum of all payments of attorney's fees and personal representative's commissions does not exceed the amounts provided in Code, Estates and Trusts Article, 7-601; and (B) a written consent stating the amounts of the payments signed by (i) each creditor who has filed a claim that is still open and (ii) all interested persons, is filed with the register in the following form:

BEFORE THE REGISTER OF WILLS FOR ........................., MARYLAND

IN THE ESTATE OF:

Estate No.

CONSENT TO COMPENSATION FOR PERSONAL REPRESENTATIVE AND/OR ATTORNEY

I understand that the law, Estates and Trusts Article, 7-601, provides a formula to establish the maximum total compensation to be paid for personal representative's commissions and/or attorney's fees without order of court. If the total compensation being requested falls within the maximum allowable

amount, and the request is consented to by all unpaid creditors who have filed claims and all interested persons, this payment need not be subject to review or approval by the Court. A creditor or an interested party may, but is not required to, consent to these fees. The formula sets total compensation at 9% of the first $ 20,000 of the gross estate PLUS 3.6% of the excess over $ 20,000. Based on this formula, the total allowable statutory maximum based on the gross estate known at this time is , LESS any personal representative's commissions and/or attorney's fees previously approved as required by law and paid. To date, $ in personal representative's commissions and $ in attorney's fees have been paid.

Cross references. -- See 90 Op. Att'y. Gen. 145 (2005). Total combined fees being requested are $ , to be paid as follows:

Amount

To

Name of Personal Representative/Attorney

I have read this entire form and I hereby consent to the payment of personal representative and/or attorney's fees in the above amount. Date Signature Name (Typed or Printed)

Attorney

Personal Representative

Address

Personal Representative

Address

Telephone Number

Committee note. -- Nothing in this Rule is intended to relax requirements for approval and authorization of previous payments. (2) Designation of payment. When rendering an account pursuant to Rule 6-417 or a final report under modified administration pursuant to Rule 6-455, the personal representative shall designate any payment made under this section as an expense. HISTORY: (Amended June 7, 1994, effective Oct. 1, 1994; Feb. 10, 1998, effective July 1, 1998; June 7, 2011, effective July 1, 2011.) MARYLAND RULES TITLE 6. SETTLEMENT OF DECEDENTS' ESTATES CHAPTER 400. ADMINISTRATION OF ESTATES Md. Rule 6-417 (2012) Rule 6-417. Accounts (a) Time for filing. The personal representative shall file with the register an initial account (1) within nine months after the date of the appointment of the personal representative or (2) if the decedent died before October 1, 1992, within the later of ten months after the decedent's death or nine months after the date of the first publication. The personal representative shall file subsequent accounts until the estate is closed at intervals of the first to occur of: six months after the prior account is approved or nine months after the prior account is filed. (b) Contents of account. A personal representative's account shall include the following items, to the extent applicable to the accounting period: (1) In an initial account, the total value of the property shown on all inventories filed prior to the date of the account; and in the case of a subsequent account, the total value of any assets retained in the estate as shown in the last account, together with the total value of the assets shown in any inventory filed since the last account. (2) An itemized listing of all estate receipts during the accounting period, setting forth the amount, and a brief description of each receipt, including: (A) each receipt of principal not included in an inventory of the estate; (B) each purchase, sale, lease, exchange, or other transaction involving assets owned by the decedent at the time of death or acquired by the estate during administration, setting forth the gross amount of all gains or losses and otherwise stating the amount by which the transaction affects the gross value of the estate;

(C) each receipt of income including rents, dividends, and interest. (3) The total gross value of the estate's assets to be accounted for in the account. (4) An itemized listing of all payments and disbursements related to the satisfaction of estate liabilities during the accounting period, setting forth the amount, and a brief description of each payment or disbursement, including: funeral expenses; family allowance; filing fees to the register; court costs; accounting fees; expenses of sale; federal and state death taxes; personal representative's commissions; attorney's fees; and all other expenses of administration. (5) The total amount of payments and disbursements reported in the account, and the amount of the net estate available for distribution or retention. (6) Distributions and proposed distributions to estate beneficiaries from the net estate available for distribution, including adjustments for distributions in kind, and the amount of the inheritance tax due with respect to each distribution. (7) The value of any assets to be retained in the estate for subsequent accounting, with a brief explanation of the need for the retention. (8) The total amount of the estate accounted for in the account, consisting of all payments, disbursements, distributions, and the value of any assets retained for subsequent accounting, and equaling the amount stated pursuant to subsection (3) of this section. (9) The personal representative's verification pursuant to Rule 6-123 that the account is true and complete for the period covered by the account; together with the personal representative's certification of compliance with the notice requirements set forth in section (d) of this Rule. The certification shall contain the names of the interested persons upon whom notice was served. (c) Affidavit in lieu of account. If an estate has had no assets during an accounting period, the personal representative may file an affidavit of no assets in lieu of an account. Committee note. -- In some cases an estate may be opened for litigation purposes only and there is no recovery to or for the benefit of the estate. (d) Notice. At the time the account or affidavit is filed the personal representative shall serve notice pursuant to Rule 6-125 on each interested person who has not waived notice. The notice shall state (1) that an account or affidavit has been filed, (2) that the recipient may file exceptions with the court within 20 days from the court's order approving the account, (3) that further information can be obtained by reviewing the estate file in the office of the Register of Wills or by contacting the personal representative or the attorney, (4) that upon request the personal representative shall furnish a copy of the account or affidavit to any person who is given notice, and (5) that distribution under the account as approved by the court will be made within 30 days after the order of court approving the account becomes final.

(e) Audit and order of approval. The register shall promptly audit the account and may require the personal representative to furnish proof of any disbursement or distribution shown on the account. Following audit by the register and approval of the account by the court, the court immediately shall execute an order of approval subject to any exceptions. (f) Exception. An exception shall be filed within 20 days after entry of the order approving the account and shall include the grounds therefor in reasonable detail. A copy of the exception shall be served on the personal representative. (g) Disposition. If no timely exceptions are filed, the order of the court approving the account becomes final. Upon the receipt of exceptions, the court shall set the matter for hearing and notify the personal representative and such other persons as the court deems appropriate of the date, time, place, and purpose of the hearing. HISTORY: (Amended May 14, 1992, effective July 1, 1992; Dec. 8, 1992; Feb. 10, 1998, effective July 1, 1998.) MARYLAND RULES TITLE 6. SETTLEMENT OF DECEDENTS' ESTATES CHAPTER 400. ADMINISTRATION OF ESTATES Md. Rule 6-421 (2012) Rule 6-421. Termination of appointment of personal representative If the account contains a request for termination, the approval of the final account terminates the appointment of a personal representative effective upon the distribution of all assets. If the final account is approved and does not contain a request for termination, the personal representative may petition the court for an order terminating the appointment. Notice of the petition shall be served on interested persons including creditors who have presented their claims and legatees who have not been paid in full. The notice shall advise the recipient of the right to request a hearing within 20 days after service. If no hearing is requested, or after hearing if one is timely requested, the court shall enter an appropriate order. MARYLAND RULES TITLE 6. SETTLEMENT OF DECEDENTS' ESTATES CHAPTER 400. ADMINISTRATION OF ESTATES Md. Rule 6-422 (2012) Rule 6-422. Administration after final account -- Newly discovered property (a) When new appointment not necessary. When property is discovered after an estate has been closed, a personal representative whose appointment has not been terminated pursuant to Rule 6421 may file a supplemental inventory and an account.

(b) When new appointment necessary. If the appointment of the last serving personal representative has been terminated pursuant to Rule 6-421, or the personal representative is unable or unwilling to serve, an interested person may file with the court a petition to administer newly discovered property. (c) Petition. A petition pursuant to this Rule shall contain a brief description of the property, the interest of the person filing the petition, the names and addresses of the interested persons, a brief statement of the anticipated disposition of the property, and a request for the appointment of a new personal representative. If the petition is not filed by the last serving personal representative, the petition shall include a brief statement of the reasons. (d) Order. Upon the appointment of the same or a successor personal representative, the court shall order the posting of a bond as appropriate, shall issue letters of administration, and shall order the filing of a supplemental inventory and account. (e) Notice. Notice of the appointment of a personal representative under this Rule is not required unless otherwise directed by the court. MARYLAND RULES TITLE 6. SETTLEMENT OF DECEDENTS' ESTATES CHAPTER 400. ADMINISTRATION OF ESTATES Md. Rule 6-431 (2012) Rule 6-431. Caveat (a) Petition. A petition to caveat may be filed by an heir of the decedent or a legatee in any instrument purporting to be a will or codicil of the decedent. The petition may challenge the validity of any instrument purporting to be the decedent's will or codicil, whether or not offered for or admitted to probate. (b) Time for filing. (1) Generally. Except as otherwise provided by this Rule, a petition to caveat shall be filed within six months after the first appointment of a personal representative under a will, even if there has been a subsequent judicial probate or appointment of a personal representative under that will. If another will or codicil is subsequently offered for probate, a petition to caveat that will or codicil shall be filed within three months after that will or codicil is admitted to probate or within six months after the first appointment of a personal representative under the first probated will, whichever is later. (2) Exceptions. Upon petition filed within 18 months after the death of the decedent, a person entitled to file a petition to caveat may request an extension of time for filing the petition to caveat on the grounds that the person did not have actual or statutory notice of the relevant probate proceedings, or that there was fraud, material mistake, or substantial irregularity in those proceedings. If the court so finds, it may grant an extension.

Cross references. -- Code, Estates and Trusts Article, 5-207, 5-304, 5-406, and 5-407. (c) Contents. The petition to caveat shall be signed and verified by the petitioner and shall include the following: (1) the name and address of the petitioner; (2) the relationship of the petitioner to the decedent or the nature of the petitioner's interest in the decedent's estate upon which the petitioner claims the right to file the petition; (3) the date of the decedent's death; (4) an identification of the instrument being challenged including a statement as to whether it has been offered for or admitted to probate; (5) an allegation that the instrument challenged is not a valid will or codicil of the decedent and the grounds for challenging its validity; (6) an identification of the instrument, if any, claimed by the petitioner to be the decedent's last will, with a copy of the instrument attached to the petition or an explanation why a copy cannot be attached; (7) a statement that the list of interested persons filed with the petition contains the names and addresses of all interested persons who could be affected by the proceeding to the extent known by the petitioner; and (8) the relief sought, including a request for the probate of the instrument, if any, that the petitioner claims is the true last will or codicil of the decedent. (d) Additional documents. A petition to caveat shall be accompanied by a list of all interested persons who could be affected by the proceeding in the form prescribed by Rule 6-316, a Notice of Caveat in the form set forth in section (e) of this Rule, and a Public Notice of Caveat in the form set forth in section (f) of this Rule. (e) Notice to interested persons of caveat. A notice to interested persons of the filing of a caveat shall be in the following form: [CAPTION] NOTICE OF CAVEAT As an interested person, you are notified that: (1) A petition to caveat challenging the decedent's will dated codicil dated has been filed with the court by or

(name of petitioner and relationship to decedent or . other basis for interest in the estate) (2) The present status of the will or codicil being challenged is: [ ] admitted to probate on (date) [ ] offered for probate but not admitted; or not offered for probate. (3) As to defense of the will or codicil by a personal representative: [ ] The following person has been appointed personal representative: . name(s) and address(es) [ ] No person is serving as personal representative. A copy of the petition to caveat is enclosed. (4) This caveat proceeding may affect adversely any rights you may have in the decedent's estate. Further information can be obtained by reviewing the estate file in the office of the Register of Wills or by contacting the personal representative or the attorney for the estate. If you want to respond, you must do so in writing filed with the court or with this office within 20 days after service of this notice or any extension of that period granted by the court. A copy of any response you file must be sent to the petitioner or the petitioner's attorney , or

(name and address) and to the personal representative or the personal representative's attorney.

Date: Register of Wills for

Address

Telephone Number

(f) Public notice of caveat. A public notice of the filing of a caveat shall be in the following form: [CAPTION] PUBLIC NOTICE OF CAVEAT To all persons interested in the above estate: Notice is given that a petition to caveat has been filed by challenging the will or codicil dated .

You may obtain from the Register of Wills the date and time of any hearing on this matter.

Register of Wills (g) Number of copies. The petitioner shall file a sufficient number of copies of the petition to caveat and Notice of Caveat for the register to comply with Rule 6-432. MARYLAND RULES TITLE 6. SETTLEMENT OF DECEDENTS' ESTATES CHAPTER 400. ADMINISTRATION OF ESTATES Md. Rule 6-432 (2012)

Rule 6-432. Order to answer; register's notice and service Within five days after the filing of the petition to caveat, the Register shall: (a) issue an Order to Answer requiring the personal representative appointed as a result of the probate of the will or codicil being challenged, if one is currently serving, to respond to the petition to caveat within 20 days after service; (b) serve the Order together with a copy of the petition on the personal representative by certified mail, unless the petitioner requests service by the sheriff; (c) serve on each interested person a copy of the Notice of Caveat by certified mail, and if no personal representative appointed under the will or codicil is currently serving, furnish with the notice a copy of the petition to caveat; and (d) publish the Public Notice of Caveat once a week for two successive weeks in a newspaper of general circulation in the county where the petition to caveat is filed. MARYLAND RULES TITLE 6. SETTLEMENT OF DECEDENTS' ESTATES CHAPTER 400. ADMINISTRATION OF ESTATES Md. Rule 6-433 (2012) Rule 6-433. Subsequent procedure on petition to caveat The procedure for responding to and deciding the petition to caveat shall be governed by section (b) of Rule 6-122. HISTORY: (Amended Mar. 5, 2001, effective July 1, 2001.) MARYLAND RULES TITLE 6. SETTLEMENT OF DECEDENTS' ESTATES CHAPTER 400. ADMINISTRATION OF ESTATES Md. Rule 6-434 (2012) Rule 6-434. Transmitting issues (a) Petition. In any proceeding, the orphans' court, upon petition, may transmit contested issues of fact within its jurisdiction for trial to the circuit court of the county in which the orphans' court is located. The petition shall set forth separately each issue to be transmitted. Each issue shall present a single, definite, and material question of fact.

(b) Response. A response may include objections to the issues set forth in the petition and offer additional issues. (c) Framing of issues. The court, by order, shall frame the issues to be transmitted and transmit them to the appropriate circuit court. The order may designate the plaintiff and defendant for purposes of trial in the circuit court. (d) Amendment, modification or supplementation of issues. Upon petition, the orphans' court may amend, supplement or modify issues previously transmitted to a circuit court. If the change is made within 15 days of a scheduled trial date, leave of the circuit court must be obtained. MARYLAND RULES TITLE 6. SETTLEMENT OF DECEDENTS' ESTATES CHAPTER 400. ADMINISTRATION OF ESTATES Md. Rule 6-441 (2012) Rule 6-441. Meeting of creditors (a) Request. The personal representative may file with the court a request for a meeting, under the supervision of the court, of creditors whose claims have been delivered to the personal representative or filed with the register pursuant to Code, Estates and Trusts Article, 8-104 (b) and (c). The request shall set forth the purpose of the meeting, the issues to be resolved, the reason it would be advantageous, and a list of persons whose interests would be affected. (b) Scheduling of meeting. If it finds that the meeting of creditors would be advantageous, the court, by order, shall set a date, time, and place for the meeting. (c) Notice. Not less than 20 days before the date of the meeting the personal representative shall serve a copy of the request and order setting the date, time, and place of the meeting on each person listed in the request and upon such other persons as the court may direct. (d) Order. Following the meeting, the court shall issue an order in conformity with Code, Estates and Trusts Article, 8-109 (h). MARYLAND RULES TITLE 6. SETTLEMENT OF DECEDENTS' ESTATES CHAPTER 400. ADMINISTRATION OF ESTATES Md. Rule 6-442 (2012) Rule 6-442. Proposal for distribution of property

(a) Proposal. After the probable charges against the estate are known, the personal representative may serve a proposal for distribution of property on all persons who have a right to object to the proposed distribution. The proposal shall contain a summary of the assets and liabilities of the estate, a brief description of the property to be distributed and a statement of the proposed manner of its distribution, and a notice that failure to serve an objection within 30 days after service of the proposal constitutes a waiver of the right to do so. (b) Objection. Any objection to the proposed distribution shall be in writing and shall be served on the personal representative within 30 days after service of the proposal. MARYLAND RULES TITLE 6. SETTLEMENT OF DECEDENTS' ESTATES CHAPTER 400. ADMINISTRATION OF ESTATES Md. Rule 6-443 (2012) Rule 6-443. Meeting of distributees and distribution by court (a) Request. When the personal representative cannot obtain agreement from all interested persons entitled to distribution, or if the personal representative has reason to believe that there may be a person entitled to distribution whose name, address, or survival is unknown, the personal representative may file with the court a request for a meeting, under the supervision of the court, of all interested persons entitled to distribution. The request shall set forth the purpose of the meeting, may include the proposed distribution, and shall ask the court to set a date for the meeting. If the personal representative has reason to believe that there may be an interested person entitled to distribution whose name, address, or survival is unknown, the request shall be accompanied by an affidavit so stating and setting forth the good faith efforts made to identify and locate the person. (b) Notice. The court shall set a date for the meeting allowing sufficient time for the personal representative to comply with the notice requirements set forth in this section. At least 20 days before the meeting the personal representative shall serve on each distributee whose identity and whereabouts are known a notice of the date, time, and place of the meeting, and if the request was accompanied by an affidavit under section (a) of this Rule, the personal representative shall publish notice of the date, time, and place, and purpose of the meeting. The notice shall be published in a newspaper of general circulation once a week for three successive weeks in the county of appointment. The first publication shall be made at least 20 days before the meeting. The personal representative shall make such other efforts to learn the names and addresses of additional interested persons as the court may direct. (c) Appointment of disinterested persons. At any time, the court may appoint two disinterested persons, not related to the distributees, to recommend a proposed distribution or sale. (d) Order. Following the meeting, the court shall issue an appropriate order of distribution or sale.

MARYLAND RULES TITLE 6. SETTLEMENT OF DECEDENTS' ESTATES CHAPTER 400. ADMINISTRATION OF ESTATES Md. Rule 6-444 (2012) Rule 6-444. Petition for partition or sale of property (a) Petition. When two or more heirs or legatees are entitled to distribution of undivided interests in property of the estate, the personal representative or one or more of the heirs or legatees may petition the court before the closing of the estate to order partition of the property or sale of the property in lieu of partition. The petition shall contain a brief description of the property and the relief requested. It shall be served on all interested heirs and legatees. (b) Disposition. The court shall determine whether there shall be partition or sale and shall thereafter proceed pursuant to Title 12, Chapter 400. (Amended June 5, 1996, effective Jan. 1, 1997.) MARYLAND RULES TITLE 6. SETTLEMENT OF DECEDENTS' ESTATES CHAPTER 400. ADMINISTRATION OF ESTATES Md. Rule 6-451 (2012) Rule 6-451. Resignation of personal representative (a) Notice. A personal representative who wishes to resign before the approval of the final account shall file with the register a statement of resignation and a certificate that a notice of intention to resign was served on all interested persons at least 20 days prior to the filing of the statement. (b) Successor. If no one applies for appointment as successor personal representative or special administrator before the filing of the statement of resignation and an appointment is not made within the 20-day period, the resigning personal representative may apply to the court for appointment of a successor. (c) Account of resigning personal representative. Upon appointment of a successor personal representative or special administrator, the court shall order the resigning personal representative to (1) file an account with the court and deliver the property of the estate to the successor personal representative or special administrator or (2) comply with Rule 6-417 (c). The resignation is effective upon appointment of the successor or special administrator. (d) Inventory of successor personal representative. Within three months after appointment, a

successor personal representative shall file either a new inventory to replace the one filed by the predecessor personal representative or a written consent to be answerable for the items as listed and valued in the inventory or retained in the most recent account filed by the predecessor. (e) Resignation of co-personal representative. A co-personal representative may resign by filing with the register a statement of resignation and a certificate that a notice of intention to resign was served on all interested persons at least 20 days prior to the filing of the statement. HISTORY: (Amended Dec. 4, 2007, effective Jan. 1, 2008.) MARYLAND RULES TITLE 6. SETTLEMENT OF DECEDENTS' ESTATES CHAPTER 400. ADMINISTRATION OF ESTATES Md. Rule 6-452 (2012) Rule 6-452. Removal of a personal representative (a) Commencement. The removal of a personal representative may be initiated by the court or the register, or on petition of an interested person. (b) Show cause order and hearing. The court shall issue an order (1) stating the grounds asserted for the removal, unless a petition for removal has been filed, (2) directing that cause be shown why the personal representative should not be removed, and (3) setting a hearing. The order may contain a notice that the personal representative, after being served with the order, may exercise only the powers of a special administrator or such other powers as the court may direct. Unless otherwise permitted by the court, the order shall be served by certified mail on the personal representative, all interested persons, and such other persons as the court may direct. The court shall conduct a hearing for the purpose of determining whether the personal representative should be removed. Cross references. -- Rule 6-124. (c) Appointment of successor personal representative. Concurrently with the removal of a personal representative, the court shall appoint a successor personal representative or special administrator. (d) Account of removed personal representative. Upon appointment of a successor personal representative or special administrator, the court shall order the personal representative who is being removed from office to (1) file an account with the court and deliver the property of the estate to the successor personal representative or special administrator or (2) comply with Rule 6417 (c). HISTORY: (Amended Nov. 12, 2003, effective Jan. 1, 2004.) MARYLAND RULES

TITLE 6. SETTLEMENT OF DECEDENTS' ESTATES CHAPTER 400. ADMINISTRATION OF ESTATES Md. Rule 6-453 (2012) Rule 6-453. Suspension of powers and duties of a personal representative On petition of an interested person, the court may suspend any of the powers and duties of the personal representative in accordance with the injunction provisions of the Maryland Rules.

MARYLAND RULES TITLE 6. SETTLEMENT OF DECEDENTS' ESTATES CHAPTER 400. ADMINISTRATION OF ESTATES Md. Rule 6-454 (2012) Rule 6-454. Special administration (a) Appointment of special administrator. When necessary to protect property before the appointment and qualification of a personal representative or before the appointment of a successor personal representative following a vacancy in the position of personal representative, the court shall enter an order appointing a special administrator. The appointment may be initiated by the court or the register or upon the filing of a petition by an interested person, a creditor, the personal representative of a deceased personal representative, or the person appointed to protect the estate of a personal representative under a legal disability. (b) Contents of petition. A petition for appointment of a special administrator shall contain a brief description of the property requiring protection, a statement setting forth the necessity for the appointment before the appointment of a personal representative and, when appropriate, the reasons for the delay in the appointment of a personal representative. (c) Bond. Upon appointment, the special administrator shall comply with Rule 6-312, except to the extent that the court, upon recommendation of the register, may otherwise prescribe. (d) Specified duties. The special administrator shall assume any unperformed duties required of a personal representative concerning the preparation and filing of inventories, accounts and notices of filing accounts, and proposed payments of fees and commissions. The special administrator shall collect, manage, and preserve property of the estate and shall account to the personal representative subsequently appointed. The special administrator shall have such further powers and duties as the court may order. (e) Notice. Notice of the appointment of a special administrator is not required unless otherwise

directed by the court. HISTORY: (Amended Feb. 10, 1998, effective July 1, 1998; Nov. 12, 2003, effective Jan. 1, 2004.) MARYLAND RULES TITLE 6. SETTLEMENT OF DECEDENTS' ESTATES CHAPTER 400. ADMINISTRATION OF ESTATES Md. Rule 6-455 (2012) Rule 6-455. Modified administration (a) Generally. When authorized by law, an election for modified administration may be filed by a personal representative within three (3) months after the appointment of the personal representative. (b) Form of election. An election for modified administration shall be in the following form:

BEFORE THE REGISTER OF WILLS FOR ESTATE OF

, Estate No

MARYLAND

ELECTION OF PERSONAL REPRESENTATIVE FOR MODIFIED ADMINISTRATION 1. I elect Modified Administration. This estate qualifies for Modified Administration for the following reasons: (a) The decedent died on [] with a will or [] without a will.

(b) This Election is filed within 3 months from the date of my appointment which was on . (c) [] Each of the residuary legatees named in the will or [] each of the heirs of the intestate decedent is either: [] The decedent's personal representative or [] an individual or an entity exempt from inheritance tax in the decedent's estate under 7-203 (b), (e), and (f) of the Tax - General Article. (d) Each trustee of every trust that is a residuary legatee is one or more

of the following: the decedent's [] personal representative, [] surviving spouse, [] child. (e) Consents of the persons referenced in 1 (c) [] are filed herewith or [] were filed previously. (f) The estate is solvent and the assets are sufficient to satisfy all specific legacies. (g) Final distribution of the estate can be made within 12 months after the date of my appointment. 2. Property of the estate is briefly described as follows: Description Estimated Value

3. I acknowledge that I must file a Final Report Under Modified Administration no later than 10 months after the date of appointment and that, upon request of any interested person, I must provide a full and accurate Inventory and Account to all interested persons. 4. I acknowledge the requirement under Modified Administration to make full distribution within 12 months after the date of appointment. 5. I acknowledge and understand that Modified Administration shall continue as long as all the requirements are met. I solemnly affirm under the penalties of perjury that the contents of the foregoing are true to the best of my knowledge, information and belief.

Attorney

Personal Representative

Address

Personal Representative

Address

Telephone (c) Consent. An election for modified administration may be filed if all the residuary legatees of a testate decedent and the heirs at law of an intestate decedent consent in the following form: BEFORE THE REGISTER OF WILLS FOR ESTATE OF Estate No. , MARYLAND

CONSENT TO ELECTION FOR MODIFIED ADMINISTRATION I am a [] residuary legatee, who is the decedent's personal representative or an individual or an entity exempt from inheritance tax under 7-203 (b), (e), and (f) of Code, Tax General Article, [] an heir of the decedent who died intestate, and I am the decedent's personal representative or an individual or an entity exempt from inheritance tax under 7-203 (b), (e), and (f), [] or a trustee of a trust that is a residuary legatee who is the decedent's personal representative, surviving spouse, or child. 1. Instead of filing a formal Inventory and Account, the personal representative will file a verified Final Report Under Modified Administration no later than 10 months after the date of appointment. 2. Upon written request to the personal representative by any legatee not paid in full or any heir-at-law of a decedent who died without a will, a formal Inventory and Account shall be provided by the personal representative to the legatees or heirs of the estate. 3. At any time during administration of the estate, I may revoke Modified Administration by filing a written objection with the Register of Wills. Once filed, the objection is binding on the estate and cannot be withdrawn. 4. If Modified Administration is revoked, the estate will proceed under Administrative Probate and the personal representative shall file a formal Inventory and Account, as required, until the estate is closed.

5. Unless I waive notice of the verified Final Report Under Modified Administration, the personal representative will provide a copy of the Final Report to me, upon its filing which shall be no later than 10 months after the date of appointment. 6. Final Distribution of the estate will occur not later than 12 months after the date of appointment of the personal representative.

Signature of Residuary Legatee or Heir State Relationship to Decedent

Type or Print Name Signature of Residuary Legatee or Heir State Relationship to Decedent

Type or Print Name Signature of Trustee Type or Print Name Signature of Trustee Type or Print Name

(d) Final report. (1) Filing. A verified final report shall be filed no later than 10 months after the date of the personal representative's appointment. (2) Copies to interested persons. Unless an interested person waives notice of the verified final report under modified administration, the personal representative shall serve a copy of the final report on each interested person.

(3) Contents. A final report under modified administration shall be in the following form:

BEFORE THE REGISTER OF WILLS FOR ESTATE OF Date of Death Estate No. Date of Appointment of Personal Representative

MARYLAND

FINAL REPORT UNDER MODIFIED ADMINISTRATION (Must be filed within 10 months after the date of appointment) I, Personal Representative of the estate, report the following: 1. The estate continues to qualify for Modified Administration as set forth in the Election for Modified Administration on file with the Register of Wills. 2. Attached are the following Schedules and supporting attachments: Total Schedule A: ................... Total Schedule B: Reportable Property $ Payments and Disbursements ......... [ ) Distribution of Net Reportable Property ......... 3. I acknowledge that: (a) Final distributions shall be made within 12 months after the date of my appointment as personal representative. (b) If Modified Administration is revoked, the estate shall proceed under Administrative Probate, and I will file a formal Inventory and Account, as required, until the estate is closed. $

Total Schedule C:

I solemnly affirm under the penalties of perjury that the contents of the foregoing are true to the best of my knowledge, information, and belief and that any property valued by me which I have authority as personal representative to appraise has been valued completely and correctly in accordance with law. Attorney Signature Address Address Telephone Personal Representative Personal Representative Personal Representative Date Date Date

CERTIFICATE OF SERVICE OF FINAL REPORT UNDER MODIFIED ADMINISTRATION I hereby certify that on this day of , I delivered or mailed, postage prepaid, a copy of the foregoing Final Report Under Modified Administration and attached Schedules to the following persons: Names Addresses

Attorney

Personal Representative

Address City, State, Zip Code Telephone Number

Personal Representative

FOR REGISTER OF WILLS USE Distributions subject to collateral tax at % Distribution subject to collateral tax at % Distribution subject to direct tax at % Distribution subject to direct tax Exempt distributions to (Identity of the recipient) Exempt distributions to (Identity of the recipient) Exempt distributions to (Identity of the recipient) Total Inheritance Tax due Total Inheritance Tax paid Gross estate Probate Fee & Costs Collected

Tax thereon Tax thereon Tax thereon Tax thereon

FINAL REPORT UNDER MODIFIED ADMINISTRATION SUPPORTING SCHEDULE A REPORTABLE PROPERTY

ESTATE OF Item No.

Estate No. Basis of Description Valuation Value

TOTAL REPORTABLE PROPERTY OF THE DECEDENT (Carry forward to Schedule C)

INSTRUCTIONS ALL REAL AND PERSONAL PROPERTY MUST BE INCLUDED AT DATE OF DEATH V ALUE. THIS DOES NOT INCLUDE INCOME EARNED DURING ADMINISTRATION OR CAPITAL GAINS OR LOSSES REALIZED FROM THE SALE OF PROPERTY DURING ADMINISTRATION. ATT ACHED APPRAISALS OR COPY OF REAL PROPERTY ASSESSMENTS AS REQUIRED: 1. Real and leasehold property: Fair market value must be established by a qualified appraiser. For decedents dying on or after January 1, 1998, in lieu of a formal appraisal, real and leasehold property may be valued at the full cash value for property tax assessment purposes as of the most recent date of finality. This does not apply to property tax assessment purposes on the basis of its use value. 2. The personal representative may value: Debts owed to the decedent, including bonds and notes; bank accounts, building, savings and loan association shares, money and corporate stocks listed on a national or regional exchange or over the counter securities. 3. All other interests in tangible or intangible property: Fair market value must be established by a qualified appraiser.

ATTACH ADDITIONAL SCHEDULES AS NEEDED FINAL REPORT UNDER MODIFIED ADMINISTRATION SUPPORTING SCHEDULE B Payments and Disbursements ESTATE OF Item No. Description Estate No. Amount Paid

Total Disbursements: (Carry forward to Schedule C)

INSTRUCTIONS 1. Itemize all liens against property of the estate including mortgage balances. 2. Itemize sums paid (or to be paid) within twelve months from the date of appointment for: debts of the decedent, taxes due by the decedent, funeral expenses of the decedent, family allowance, personal representative and attorney compensation, probate fee and other administration expenses of the estate.

ATTACH ADDITIONAL SCHEDULES AS NEEDED FINAL REPORT UNDER MODIFIED ADMINISTRATION SUPPORTING SCHEDULE C Distributions of Net Reportable Property

1. SUMMARY OF REPORTABLE PROPERTY Total from Schedule A ............................. Total from Schedule B ............................. Total Net Reportable Property ............................. (Schedule A minus Schedule B)

2. SPECIFIC BEQUESTS (If Applicable)

Name of Legatee or Heir Distributable Share Inheritance of Reportable Estate Tax Thereon

3. DISTRIBUTION OF BALANCE OF ESTATE Name of Legatee or Heir Distributable Share Inheritance of Reportable Estate Tax Thereon

Total Reportable Distributions Inheritance Tax

$ $

ATTACH ADDITIONAL SCHEDULES AS NEEDED (4) Inventory and account. The provisions of Rule 6-402 (Inventory) and Rule 6-417 (Account) do not apply. (e) Revocation. (1) Causes for revocation. A modified administration shall be revoked by: (A) the filing of a timely request for judicial probate; (B) the filing of a written objection by an interested person; (C) the personal representative's filing of a withdrawal of the election for modified administration; (D) the court, on its own initiative, or for good cause shown by an interested person or by the register; (E) the personal representative's failure to timely file the final report and make distribution within 12 months after the date of appointment, or to comply with any other provision of this Rule or Code, Estates and Trusts Article, 5-701 through 5-710. (2) Notice of revocation. The register shall serve notice of revocation on each interested person. (3) Consequences of revocation. Upon revocation, the personal representative shall file a formal

inventory and account with the register pursuant to Rules 6-402 and 6-417. The inventory and account shall be filed within the time provided by Rules 6-402 and 6-417, or, if the deadline for filing has passed, within 30 days after service of the register's notice of revocation. HISTORY: (Added Feb. 10, 1998, effective July 1, 1998; Amended Mar. 5, 2001, effective July 1, 2001; Nov. 12, 2003, effective Jan. 1, 2004; April 5, 2005, effective July 1, 2005; Dec. 4, 2007, effective Jan. 1, 2008) MARYLAND RULES TITLE 6. SETTLEMENT OF DECEDENTS' ESTATES CHAPTER 400. ADMINISTRATION OF ESTATES Md. Rule 6-456 (2012) Rule 6-456. Modified administration -- Extension of time to file a final report and to make distribution (a) Generally. The initial time periods for filing a final report and for making distribution to each legatee and heir may be extended for 90 days if the personal representative and each interested person sign the form set out in section (b) of this Rule and file the form within 10 months of the date of appointment of the personal representative. (b) Form. A consent to an extension of time to file a final report and to make distribution in a modified administration shall be in substantially the following form:

BEFORE THE REGISTER OF WILLS FOR IN THE ESTATE OF Date of Death Date of Appointment Of Personal Representative

, Estate No

MARYLAND

CONSENT TO EXTEND TIME TO FILE FINAL REPORT AND TO MAKE DISTRIBUTION IN A MODIFIED ADMINISTRATION We, the Personal Representative and Interested Persons in the above-captioned estate, consent to extend for 90 days the time to file a final report and to make distribution in the modified administration of the estate. We acknowledge that this consent must be filed within 10 months of the date of appointment of the personal representative.

Personal Representatives (Type or Print Names)

Name

Signature

Name

Signature

Name Interested Persons (Type or Print Names)

Signature

Name

Signature

Name

Signature

Name

Signature

HISTORY: (Added Nov. 12, 2003, effective Jan. 1, 2004; Amended April 5, 2005, effective July 1, 2005.) MARYLAND RULES TITLE 6. SETTLEMENT OF DECEDENTS' ESTATES CHAPTER 400. ADMINISTRATION OF ESTATES Md. Rule 6-461 (2012) Rule 6-461. Applicability of Title 2 rules (a) Discovery rules. Discovery in accordance with the rules in Title 2, Chapter 400 is available in any court proceeding on a contested matter.

(b) Summary judgment. Rule 2-501 applies to a proceeding in the orphans' court. (c) Motions to alter, amend, or revise a final order. Rules 2-534 and 2-535 apply to a final order entered pursuant to Rule 6-171. (d) Other rules. In any proceeding in which an issue of law or fact is in controversy, the court, on petition of a party or on its own motion and after notice to all persons who may be affected by the proceeding and an opportunity to be heard, may apply other rules in Title 2. The petition and notice shall state the specific rules in Title 2 that the court is requested to apply. HISTORY: (Amended Nov. 12, 2003, effective Jan. 1, 2004.) MARYLAND RULES TITLE 6. SETTLEMENT OF DECEDENTS' ESTATES CHAPTER 400. ADMINISTRATION OF ESTATES Md. Rule 6-462 (2012) Rule 6-462. Applicability of Title 5 rules Title 5 of these rules applies to plenary proceedings in the court. In the interest of justice, the court may decline to require strict application of the rules in Title 5, except those relating to the competency of witnesses. HISTORY: (Added Dec. 15, 1993, effective July 1, 1994.) MARYLAND RULES TITLE 6. SETTLEMENT OF DECEDENTS' ESTATES CHAPTER 400. ADMINISTRATION OF ESTATES Md. Rule 6-463 (2012) Rule 6-463. Appeals An appeal from a judgment of the court may be taken (a) to the Court of Special Appeals of Maryland pursuant to Code, Courts Article, 12-501, or (b) except in Harford and Montgomery Counties, to the circuit court for the county pursuant to Code, Courts Article, 12-502 and Title 7, Chapter 500 of these Rules. HISTORY: (Amended Dec. 4, 2007, effective Jan. 1, 2008.) MARYLAND RULES TITLE 6. SETTLEMENT OF DECEDENTS' ESTATES CHAPTER 400. ADMINISTRATION OF ESTATES Md. Rule 6-464 (2012)

Rule 6-464. Striking of notice of appeal by orphans' court (a) Generally. On motion or on its own initiative, the orphans' court may strike a notice of appeal (1) that has not been filed within the time prescribed by Rule 6-463, (2) if the Register of Wills has prepared the record pursuant to Code, Courts Article, 12-501 and 12-502 and the appellant has failed to pay for the record, (3) if the appellant has failed to deposit with the Register of Wills the filing fee required by Code, Estates and Trusts Article, 2-206, unless the fee has been waived by an order of court, (4) the appeal has been taken to the Court of Special Appeals and the appellant has failed to deposit with the Register of Wills the transcript costs, or (5) if by reason of any other neglect on the part of the appellant the record has not been transmitted to the court to which the appeal has been taken within the time prescribed in Code, Courts Article, 12-502. (b) Notice. Before the orphans' court strikes a notice of appeal on its own initiative, the Register of Wills shall serve on all interested persons pursuant to Rule 6-125 a notice that an order striking the notice of appeal will be entered unless a response is filed within 15 days after service showing good cause why the notice of appeal should not be stricken. HISTORY: (Added Nov. 12, 2003, effective Jan. 1, 2004; Dec. 4, 2007, effective Jan. 1, 2008.) MARYLAND RULES TITLE 6. SETTLEMENT OF DECEDENTS' ESTATES CHAPTER 500. MISCELLANEOUS PROVISIONS Md. Rule 6-501 (2012) Rule 6-501. Application by foreign personal representative to set inheritance tax (a) Form of application. An application by a foreign personal representative to set inheritance tax shall be filed with the register for the county where the largest part in value of the decedent's Maryland property is located according to the following form:

BEFORE THE REGISTER OF WILLS FOR In the Estate of: File No.

, MARYLAND

APPLICATION BY FOREIGN PERSONAL REPRESENTATIVE TO SET INHERITANCE TAX

The Application of , Name Address

, Name Address

Each of us states: 1. I am the qualified foreign personal representative of the Estate of

(name of decedent) who died domiciled in (state or country) (with) (without) a will. (date) 2. Real and leasehold property owned by the decedent in Maryland and the market value at the decedent's date of death are: $ $ $ 3. Tangible personal property in Maryland owned by the decedent and taxable in Maryland and the market value at the decedent's date of death are: $ $ on

$ 4. Any liens, encumbrances, and expenses payable out of Maryland property and their amounts are: $ $ $ 5. Attached are: (a) copy of appointment and will, if any, authenticated under Title 28, U.S.C.A. 1738; (b) appointment of Maryland resident agent; (c) list of recipients of Maryland property, their interests in the property, and their relationship to the decedent; (d) notice to creditors of appointment with respect to the decedent's real or leasehold property in Maryland; and (e) appraisal or other basis for valuation of real or leasehold property, or of tangible personal property that is taxable in Maryland. (For real and leasehold property give a description sufficient to identify the property and the title reference by liber and folio.) I request the Register of Wills to set the amount of inheritance tax due. I solemnly affirm under the penalties of perjury that the contents of the foregoing application are true and correct to the best of my knowledge, information, and belief.

Date: Applicant

Applicant

Attorney

Address

Telephone Number

(FOR APPLICANT'S USE -- OPTIONAL) Value of Property as above............................................$ Less: Liens, encumbrances and expenses as above.....................................................$ Amount Taxable........................................................$ Direct Inheritance Tax due at %.....................................$ Collateral Inheritance Tax due at %.................................$ Total Tax due.........................................................$

(b) Form of notice of appointment of foreign personal representative. The foreign personal representative shall deliver to the register a notice of appointment as foreign personal representative and one additional copy for each newspaper where publication is to be made. The notice shall be in the following form:

(name and address of personal representative or attorney) NOTICE TO CREDITORS OF APPOINTMENT OF FOREIGN PERSONAL REPRESENTATIVE NOTICE IS GIVEN that the of county, (state) appointed (name and address) as the (title) of (name of decedent) who died on (date) . (state and country) domiciled in of the Estate court

The Maryland resident agent for service of process is whose address is .

At the time of death, the decedent owned real or leasehold property in the following Maryland counties:

All persons having claims against the decedent must file their claims with the Register of Wills for County with a copy to the foreign personal representative on or before the earlier of the following dates: (1) Six months from the date of the decedent's death, except if the decedent died before October 1, 1992, nine months from the date of the decedent's death; or (2) Two months after the foreign personal representative mails or delivers to the creditor a copy of this published notice or other written notice, notifying the creditor that the claim will be barred unless the creditor presents the claim within two months from the mailing or other delivery of the notice. Claims filed after that date or after a date extended by law will be barred.

Foreign Personal Representative Name of Newspaper:

Date of first publication

Register of Wills Address

Cross references. -- Code, Estates and Trusts Article, 5-503, 5-504, and 7-103. (c) Publication -- Certification. The foreign personal representative shall publish notice of the outof-state appointment once a week for three successive weeks in a newspaper of general circulation in each county where real or leasehold property of the decedent is located. The foreign personal

representative shall cause to be filed with the register a certification by the publisher that the required newspaper notices have been published. HISTORY: (Amended May 14, 1992, effective July 1, 1992; Dec. 8, 1992.) MARYLAND RULES TITLE 7. APPELLATE AND OTHER JUDICIAL REVIEW IN CIRCUIT COURT CHAPTER 100. APPEALS FROM THE DISTRICT COURT TO THE CIRCUIT COURT Md. Rule 7-101 (2012) Rule 7-101. Applicability The rules in this Chapter govern appeals to a circuit court from a judgment of the District Court. MARYLAND RULES TITLE 7. APPELLATE AND OTHER JUDICIAL REVIEW IN CIRCUIT COURT CHAPTER 100. APPEALS FROM THE DISTRICT COURT TO THE CIRCUIT COURT Md. Rule 7-102 (2012) 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 references. -- 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; (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. HISTORY: (Amended Jan. 10, 1995, effective Feb. 1, 1995; Mar. 5, 2001, effective July 1, 2001; April 5, 2005, effective July 1, 2005.) MARYLAND RULES TITLE 7. APPELLATE AND OTHER JUDICIAL REVIEW IN CIRCUIT COURT CHAPTER 100. APPEALS FROM THE DISTRICT COURT TO THE CIRCUIT COURT Md. Rule 7-103 (2012) Rule 7-103. Method of securing appellate review (a) By notice of appeal. The only method of securing appellate review in the circuit court is by the filing of a notice of appeal with the clerk of the District Court within the time prescribed in Rule 7-104. (b) District Court costs. Before the clerk transmits the record pursuant to section (d) of this Rule, the appellant shall pay to the clerk of the District Court the cost of preparation of a transcript, if a transcript is necessary to the appeal. Cross references. -- Rule 7-113 (b). (c) Filing fee. Within the time for transmitting the record under Rule 7-108, the appellant shall deposit the fee prescribed by Code, Courts Article, 7-202 with the clerk of the District Court unless the fee has been waived by an order of court or unless the appellant is represented by (1) the Public Defender's Office, (2) an attorney assigned by Legal Aid Bureau, Inc., or (3) an attorney assigned by any other legal services organization that accepts as clients only those persons meeting the financial eligibility criteria established by the Federal Legal Services Corporation or other appropriate governmental agency. The filing fee shall be in the form of cash or a check or money order payable to the clerk of the circuit court. Cross references. -- Rule 1-325. (d) Transmittal of record. After all required fees have been paid, the clerk shall transmit the record as provided in Rules 7-108 and 7-109. The filing fee shall be forwarded with the record to the clerk of the circuit court. MARYLAND RULES TITLE 7. APPELLATE AND OTHER JUDICIAL REVIEW IN CIRCUIT COURT CHAPTER 100. APPEALS FROM THE DISTRICT COURT TO THE CIRCUIT COURT Md. Rule 7-104 (2012)

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 references. -- For shorter appeal times provided by statute, see Code, Real Property Article, 8-332, 8-401, 8-402, 8-402.1, 8A-1701, 8A-1702, 8A-1703, 14-109, and 14-120. (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 the judgment or (2) entry of a notice withdrawing the motion or an order denying the motion. (c) Civil action -- Post judgment motions. 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 notice withdrawing the motion or (2) an order denying a motion pursuant to Rule 3-533 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. Committee note. -- A motion filed pursuant to Rule 3-535, if filed within ten days 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. "Entry" as used in this Rule occurs on the day when the District Court first makes a record in writing of the judgment, notice or order on the file jacket, or on a docket within the file, according to the practice of that court, and records the actual date of the entry. MARYLAND RULES TITLE 7. APPELLATE AND OTHER JUDICIAL REVIEW IN CIRCUIT COURT CHAPTER 100. APPEALS FROM THE DISTRICT COURT TO THE CIRCUIT COURT Md. Rule 7-105 (2012) Rule 7-105. Striking of notice of appeal by District Court (a) Generally. On motion or on its own initiative, the District Court may strike a notice of appeal (1) that has not been filed within the time prescribed by Rule 7-104, (2) if the clerk of the District

Court has prepared the record pursuant to Rule 7-109 and the appellant has failed to pay for the record, (3) if the appellant has failed to deposit with the clerk of the District Court the transcript costs or filing fee required by Rule 7-103 (c), or (4) if by reason of any other neglect on the part of the appellant the record has not been transmitted to the circuit court within the time prescribed in Rule 7-108. (b) Notice. Before the District Court strikes a notice of appeal on its own initiative, the clerk of that court shall serve on all parties pursuant to Rule 1-321 a notice that an order striking the notice of appeal will be entered unless a response is filed within 15 days after service showing good cause why the notice of appeal should not be stricken. MARYLAND RULES TITLE 7. APPELLATE AND OTHER JUDICIAL REVIEW IN CIRCUIT COURT CHAPTER 100. APPEALS FROM THE DISTRICT COURT TO THE CIRCUIT COURT Md. Rule 7-106 (2012) Rule 7-106. Parties -- Joinder and substitution (a) Joinder not required. An appeal may be filed with or without the assent or joinder of coplaintiffs, codefendants, or other parties. (b) Substitution. The proper person may be substituted for a party on appeal in accordance with Rule 2-241. MARYLAND RULES TITLE 7. APPELLATE AND OTHER JUDICIAL REVIEW IN CIRCUIT COURT CHAPTER 100. APPEALS FROM THE DISTRICT COURT TO THE CIRCUIT COURT Md. Rule 7-107 (2012) Rule 7-107. Appearance of counsel (a) Continuance of appearance from lower court. (1) In civil actions. In civil actions, the appearance of an attorney entered in the District Court shall be entered by the clerk in the circuit court unless the attorney's appearance has been stricken in the District Court pursuant to Rule 3-132. (2) In criminal actions. In criminal actions, an attorney who intends to represent a defendant on appeal in the circuit court after appearing in the District Court must re-enter an appearance in the circuit court. The appearance of an attorney entered in the circuit court is automatically terminated upon the entry of an appearance by the Public Defender or an attorney designated by the Public

Defender, unless the circuit court orders otherwise. Cross references. -- Rule 4-214 (a). (b) New appearance. An attorney newly appearing on appeal may enter an appearance by filing a written request (1) in the circuit court if the record on appeal has already been filed in that court, or (2) in the District Court in all other cases. (c) Striking appearance. The appearance of an attorney in the circuit court may be stricken pursuant to Rules 2-132 or 4-214. MARYLAND RULES TITLE 7. APPELLATE AND OTHER JUDICIAL REVIEW IN CIRCUIT COURT CHAPTER 100. APPEALS FROM THE DISTRICT COURT TO THE CIRCUIT COURT Md. Rule 7-108 (2012) Rule 7-108. Record -- Time for transmitting (a) Generally. Unless a different time is fixed by order entered pursuant to section (c) of this Rule, the clerk of the District Court shall transmit the record to the circuit court within sixty days after the date the first notice of appeal is filed. (b) When record is transmitted. For purposes of this Rule, the record is transmitted when it is delivered to the clerk of the circuit court or when it is sent by certified mail by the clerk of the District Court, addressed to the clerk of the circuit court. (c) Shortening or extending the time. On motion or on its own initiative, the District Court or the circuit court may shorten or extend the time for transmittal of the record. If the motion is filed after the prescribed time for transmitting the record has expired, the court will not extend the time unless it finds that the inability to transmit the record was caused by the act or omission of a judge, a clerk of court, the court reporter, or a person other than the moving party. HISTORY: (Amended Dec. 16, 1999, effective Jan. 1, 2000; amended Sept. 10, 2009, effective Oct. 1, 2009.) MARYLAND RULES TITLE 7. APPELLATE AND OTHER JUDICIAL REVIEW IN CIRCUIT COURT CHAPTER 100. APPEALS FROM THE DISTRICT COURT TO THE CIRCUIT COURT Md. Rule 7-109 (2012) Rule 7-109. Record -- Contents and form

(a) Contents of record. The record on appeal shall include (1) a certified copy of the docket entries in the District Court, (2) a transcript, if required by Rule 7-113, and (3) all original papers filed in the action in the District Court except a supersedeas bond or alternative security and those other items that the parties stipulate may be omitted. The clerk of the District Court shall append a certificate clearly identifying the papers included in the record. The District Court may order that the original papers in the action be kept in the District Court pending the appeal, in which case the clerk of the District Court shall transmit only a certified copy of the original papers. (b) Statement of case in lieu of entire record. If the parties agree that the questions presented by an appeal can be determined without an examination of the entire record or a trial de novo, as the case may be, they may sign and, upon approval by the District Court, file with the clerk of the District Court a statement showing how the questions arose and were decided, and setting forth only those facts or allegations that are essential to a decision of the questions. The parties are strongly encouraged to agree to such a statement. The statement, the judgment from which the appeal is taken, and any opinion of the District Court shall constitute the record on appeal. The circuit court may, however, direct the District Court clerk to transmit all or part of the balance of the record in the District Court as a supplement to the record on appeal. (c) Duties of District Court clerk. The clerk shall prepare and attach to the beginning of the record a certified copy of the docket entries in the District Court. The original papers shall be fastened together in one or more file jackets and numbered consecutively, except that the pages of a transcript of testimony need not be renumbered. The clerk shall also prepare and transmit with the record a statement of the costs of preparing and certifying the record, the costs taxed against each party prior to the transmission of the record, and the costs of all transcripts and of copies, if any, of the transcripts for each of the parties. The clerk shall serve a copy of the docket entries on each party. (d) Correction of record. On motion or on its own initiative, the circuit court may order that an error or omission in the record be corrected. (e) Return of record to District Court pending appeal. Upon a determination that the record needs to be returned to the District Court because of a proceeding pending in that court, the circuit court may order that the record be so returned, subject to the conditions stated in the order. MARYLAND RULES TITLE 7. APPELLATE AND OTHER JUDICIAL REVIEW IN CIRCUIT COURT CHAPTER 100. APPEALS FROM THE DISTRICT COURT TO THE CIRCUIT COURT Md. Rule 7-110 (2012) Rule 7-110. Docketing of appeals (a) Generally. Each circuit court shall maintain a docket for appeals from the District Court.

(b) Separate appeals on same record. All appeals on the same record, whether in the same action or in two or more actions consolidated in the District Court, shall be docketed as one action on appeal.

MARYLAND RULES TITLE 7. APPELLATE AND OTHER JUDICIAL REVIEW IN CIRCUIT COURT CHAPTER 100. APPEALS FROM THE DISTRICT COURT TO THE CIRCUIT COURT Md. Rule 7-111 (2012) Rule 7-111. Stay of enforcement of judgment; bond The procedures set forth in Rules 8-422, 8-423, and 8-424 apply to appeals from the District Court. References in those rules to the Court of Special Appeals shall be regarded as references to the circuit court having jurisdiction of the appeal. MARYLAND RULES TITLE 7. APPELLATE AND OTHER JUDICIAL REVIEW IN CIRCUIT COURT CHAPTER 100. APPEALS FROM THE DISTRICT COURT TO THE CIRCUIT COURT Md. Rule 7-112 (2012) Rule 7-112. Appeals heard de novo (a) Scope. This Rule applies only to appeals heard de novo in the circuit court. (b) District Court judgment. The District Court judgment shall remain in effect pending the appeal unless and until superseded by a judgment of the circuit court or, in a criminal action, a disposition by nolle prosequi or stet entered in the circuit court. (c) Modification of peace orders pending appeal. In an appeal from the grant or denial of a peace order, the circuit court, on its own initiative or on motion of any party, may modify, stay, or issue a peace order for good cause shown pending the determination of the appeal. Cross references. -- Grounds for the issuance of a peace order are set forth in Title 3, Subtitle 15 of Code, Courts Article. (d) Procedure in circuit court.

(1) The form and sufficiency of pleadings in an appeal to be heard de novo are governed by the rules applicable in the District Court. A charging document may be amended pursuant to Rule 4204. (2) If the action in the District Court was tried under Rule 3-701, there shall be no pretrial discovery under Chapter 400 of Title 2, the circuit court shall conduct the trial de novo in an informal manner, and Title 5 of these rules does not apply to the proceedings. (3) Except as otherwise provided in this section, the appeal shall proceed in accordance with the rules governing cases instituted in the circuit court. Cross references. -- See Rule 2-327 concerning the waiver of a jury trial on appeal from certain judgments entered in the District Court in civil actions. (e) Circuit court judgment. Upon the entry of the judgment of the circuit court, the clerk of the circuit court shall send notice of the superseding judgment to the clerk of the District Court, who shall enter the notice on the docket. (f) Dismissal of appeal; entry of judgment. (1) An appellant may dismiss an appeal at any time before the commencement of trial. The court shall dismiss an appeal if the appellant fails to appear as required for trial or any other proceeding on the appeal. (2) Upon the dismissal of an appeal, the clerk shall promptly return the file to the District Court. Any statement of satisfaction shall be docketed in the District Court. (3) On motion filed in the circuit court within 30 days after entry of a judgment dismissing an appeal, the circuit court, for good cause shown, may reinstate the appeal upon the terms it finds proper. On motion of any party filed more than 30 days after entry of a judgment dismissing an appeal, the court may reinstate the appeal only upon a finding of fraud, mistake, or irregularity. If the appeal is reinstated, the circuit court shall notify the District Court of the reinstatement and request the District Court to return the file. (4) If the appeal of a defendant in a criminal case who was sentenced to a term of confinement and released pending appeal pursuant to Rule 4-349 is dismissed, the circuit court shall (A) issue a warrant directing that the defendant be taken into custody and brought before a judge or commissioner of the District Court or (B) enter an order that requires the defendant to appear before a judge or commissioner. The warrant or order shall identify the District Court case by name and number and shall provide that the purpose of the appearance is the entry of a commitment that conforms to the judgment of the District Court. HISTORY: (Amended Dec. 15, 1993, effective July 1, 1994; Dec. 10, 1996, effective July 1, 1997; Mar. 5, 2001, effective July 1, 2001; Nov. 12, 2003, effective Jan. 1, 2004; May 8, 2007, effective July 1, 2007)

MARYLAND RULES TITLE 7. APPELLATE AND OTHER JUDICIAL REVIEW IN CIRCUIT COURT CHAPTER 100. APPEALS FROM THE DISTRICT COURT TO THE CIRCUIT COURT Md. Rule 7-113 (2012) Rule 7-113. Appeals heard on the record (a) Scope. This Rule applies only to appeals heard on the record of the District Court. (b) Filing of transcript. (1) Unless a copy of the transcript is already on file, the appellant, within 10 days after the date the first notice of appeal is filed, shall order in writing from the clerk of the District Court a transcript containing: (A) a transcription of (i) all the testimony or (ii) that part of the testimony that the parties agree, by written stipulation filed with the clerk of the District Court, is necessary for the appeal; and (B) a transcription of any other proceeding relevant to the appeal that was recorded pursuant to Rule 16-504. (2) The clerk of the District Court shall cause the original transcript to be filed promptly for inclusion in the record, and shall advise the appellant when the transcript has been filed. The appellant shall promptly serve a copy on the appellee. (c) Notice by clerk. Upon the filing of the record, the clerk of the circuit court shall enter the appeal on the docket and shall send to the parties a notice stating the date the appeal was entered on the docket and the assigned docket reference. The notice shall also advise the appellant that a memorandum complying with Rule 7-113 must be filed within 30 days after the date the appeal was entered on the docket. (d) Memorandum and response. (1) The appellant shall file a memorandum in opposition to the decision of the District Court within 30 days after the date the appeal was entered on the docket or as otherwise ordered by the court. The appellee may file a response within 15 days after service of the appellant's memorandum, but in no event later than five days before the date of argument, if argument has been scheduled. (2) In addition to otherwise complying with Rule 1-301, a memorandum or response shall be typewritten or printed, shall be double spaced, and shall not exceed ten pages in length. The appellant's memorandum shall contain (A) a statement of the questions presented for review, (B) a

concise statement of the facts material to a determination of the questions presented, and (C) argument in support of the appellant's position, stating the grounds for the relief sought and the authorities in support of each ground. The appellee's response shall contain argument in support of the decision of the District Court, stating the grounds for affirmance and the authorities in support of each ground. (3) If an appellant fails to file a memorandum within the time prescribed by this Rule, the circuit court may dismiss the appeal if it finds that the failure to file or the late filing caused prejudice to the moving party. An appellee who fails to file a memorandum within the time prescribed by this Rule may not present argument except with the permission of the court. (e) Oral argument. A party desiring oral argument shall request it in the memorandum or response under the heading "Request for Oral Argument". Unless oral argument is requested by a party or ordered by the circuit court, the appeal shall be decided without oral argument. (f) Scope of review. The circuit court will review the case on both the law and the evidence. It will not set aside the judgment of the District Court on the evidence unless clearly erroneous, and will give due regard to the opportunity of the District Court to judge the credibility of the witnesses. (g) Disposition. (1) As to each party to an appeal, the circuit court shall by order dispose of an appeal in one of the following ways: (A) dismiss the appeal pursuant to Rule 7-114; (B) affirm the judgment; (C) vacate or reverse the judgment; (D) modify the judgment; (E) remand the action in accordance with subsection (2) of this section; or (F) an appropriate combination of the above. (2) If the circuit court concludes that the substantial merits of a case will not be determined by affirming, reversing, or modifying the judgment, or that justice will be served by permitting further proceedings, the court may remand the case to the District Court. In the order remanding a case, the circuit court shall state the purpose for the remand. The order of remand and the opinion upon which the order is based are conclusive as to the points decided. Upon remand, the District Court shall conduct any further proceedings necessary to determine the action in accordance with the opinion and order of the circuit court. (h) Opinion. In every appeal, the circuit court shall render a concise opinion, which shall be reduced to writing and filed with the clerk.

HISTORY: (Amended June 5, 1996, effective Jan. 1, 1997.) MARYLAND RULES TITLE 7. APPELLATE AND OTHER JUDICIAL REVIEW IN CIRCUIT COURT CHAPTER 100. APPEALS FROM THE DISTRICT COURT TO THE CIRCUIT COURT Md. Rule 7-114 (2012) Rule 7-114. Dismissal of appeal On motion or on its own initiative, the circuit court may dismiss an appeal for any of the following reasons: (a) the appeal is not allowed by law; (b) the appeal was not properly taken pursuant to Rule 7-103; (c) the notice of appeal was not filed with the District Court within the time prescribed by Rule 7104; (d) the record was not transmitted within the time prescribed by Rule 7-108, unless the court finds that the failure to transmit the record was caused by the act or omission of a judge, a clerk of court, a court reporter, or the appellee; (e) an appeal to be heard de novo has been withdrawn pursuant to Rule 7-112; or (f) the case has become moot. HISTORY: (Amended Sept. 10, 2009, effective Oct. 1, 2009.) MARYLAND RULES TITLE 7. APPELLATE AND OTHER JUDICIAL REVIEW IN CIRCUIT COURT CHAPTER 100. APPEALS FROM THE DISTRICT COURT TO THE CIRCUIT COURT Md. Rule 7-115 (2012) Rule 7-115. Return of record to District Court Upon entry of the circuit court's order under Rule 7-113 (g), or upon any other termination of an appeal that was not heard de novo in the circuit court, the clerk of the circuit court shall transmit a copy of the order to the District Court. Any order of satisfaction shall be docketed in the District Court. Unless the circuit court orders otherwise, the original papers included in the record shall be transmitted with the copy of the order.

HISTORY: (Amended Nov. 12, 2003, effective Jan. 1, 2004.) MARYLAND RULES TITLE 7. APPELLATE AND OTHER JUDICIAL REVIEW IN CIRCUIT COURT CHAPTER 100. APPEALS FROM THE DISTRICT COURT TO THE CIRCUIT COURT Md. Rule 7-116 (2012) Rule 7-116. Assessment of costs (a) Allowance and allocation. In all cases decided on the record of the District Court, the prevailing party is entitled to costs unless the circuit court orders otherwise. The circuit court, by order, may allocate costs among the parties. (b) State. (1) Generally. Except as provided in subsection (2) of this section, costs shall be allowed to or assessed against the State or any official, agency, or political subdivision of the State that is a party in the same manner as costs are allowed to or assessed against a private litigant. (2) Criminal appeals. In a criminal appeal, fees and costs may not be assessed against the political subdivision of the State in which the case originated. In a criminal appeal decided against the State, fees and costs may not be assessed against the defendant. MARYLAND RULES TITLE 7. APPELLATE AND OTHER JUDICIAL REVIEW IN CIRCUIT COURT CHAPTER 200. JUDICIAL REVIEW OF ADMINISTRATIVE AGENCY DECISIONS Md. Rule 7-201 (2012) Rule 7-201. General provisions (a) Applicability. The rules in this Chapter govern actions for judicial review of (1) an order or action of an administrative agency, where judicial review is authorized by statute, and (2) a final determination of the trustees of the Client Protection Fund of the Bar of Maryland. (b) Definition. As used in this Chapter, "administrative agency" means any agency, board, department, district, commission, authority, commissioner, official, the Maryland Tax Court, or other unit of the State or of a political subdivision of the State and the Client Protection Fund of the Bar of Maryland. HISTORY: (Amended Nov. 6, 2002.)

MARYLAND RULES TITLE 7. APPELLATE AND OTHER JUDICIAL REVIEW IN CIRCUIT COURT CHAPTER 200. JUDICIAL REVIEW OF ADMINISTRATIVE AGENCY DECISIONS Md. Rule 7-202 (2012) Rule 7-202. Method of securing review (a) By petition. A person seeking judicial review under this chapter shall file a petition for judicial review in a circuit court authorized to provide the review. (b) Caption. The Petition shall be captioned as follows:

IN THE CIRCUIT COURT FOR PETITION OF * [name and address] * * FOR JUDICIAL REVIEW OF THE DECISION OF THE * CIVIL * * ACTION No. [name and address of administrative agency * that made the decision] * *

* IN THE CASE OF * [caption of agency proceeding, * including agency case number] *

(c) Contents of petition. The petition shall request judicial review, identify the order or action of which review is sought, and state whether the petitioner was a party to the agency proceeding. If the petitioner was not a party, the petition shall state the basis of the petitioner's standing to seek judicial review. No other allegations are necessary. If judicial review of a decision of the Workers' Compensation Commission is sought, the petitioner shall attach to the petition a certificate that copies of the petition were served pursuant to subsection (d) (2) of this Rule. Committee note. -- The petition is in the nature of a notice of appeal. The grounds for judicial review, required by former Rule B2 e to be stated in the petition, are now to be set forth in the memorandum filed pursuant to Rule 7-207. (d) Copies; filing; mailing. (1) Notice to agency. Upon filing the petition, the petitioner shall deliver to the clerk a copy of the petition for the agency whose decision is sought to be reviewed. The clerk shall promptly mail a copy of the petition to the agency, informing the agency of the date the petition was filed and the civil action number assigned to the action for judicial review. (2) Service by petitioner in workers' compensation cases. Upon filing a petition for judicial review of a decision of the Workers' Compensation Commission, the petitioner shall serve a copy of the petition by first class mail on the Commission and each other party of record in the proceeding before the Commission. Committee note. -- This subsection is required by Code, Labor and Employment Article, 9-737. It does not relieve the clerk from the obligation under subsection (d) (1) of this Rule to mail a copy of the petition to the agency or the agency from the obligation under subsection (d) (3) of this Rule to give written notice to all parties to the agency proceeding. (3) By agency to parties. Unless otherwise ordered by the court, the agency, upon receiving the copy of the petition from the clerk, shall give written notice promptly by ordinary mail to all parties to the agency proceeding that:

(A) a petition for judicial review has been filed, the date of the filing, the name of the court, and the civil action number; and (B) a party wishing to oppose the petition must file a response within 30 days after the date the agency's notice was mailed unless the court shortens or extends the time. (e) Certificate of compliance. Within five days after mailing, the agency shall file with the clerk a certificate of compliance with section (d) of this Rule, showing the date the agency's notice was mailed and the names and addresses of the persons to whom it was mailed. Failure to file the certificate of compliance does not affect the validity of the agency's notice. HISTORY: (Amended Nov. 21, 1995, effective Dec. 1, 1995; Dec. 16, 1999, effective Jan. 1, 2000.) MARYLAND RULES TITLE 7. APPELLATE AND OTHER JUDICIAL REVIEW IN CIRCUIT COURT CHAPTER 200. JUDICIAL REVIEW OF ADMINISTRATIVE AGENCY DECISIONS Md. Rule 7-203 (2012) Rule 7-203. Time for filing action (a) Generally. Except as otherwise provided in this Rule or by statute, a petition for judicial review shall be filed within 30 days after the latest of: (1) the date of the order or action of which review is sought; (2) the date the administrative agency sent notice of the order or action to the petitioner, if notice was required by law to be sent to the petitioner; or Cross references. -- See Code, Labor and Employment Article, 9-726 governing judicial review of a decision of the Workers' Compensation Commission in a case in which a rehearing request has been filed. (3) the date the petitioner received notice of the agency's order or action, if notice was required by law to be received by the petitioner. (b) Petition by other party. If one party files a timely petition, any other person may file a petition within ten days after the date the agency mailed notice of the filing of the first petition, or within the period set forth in section (a), whichever is later. HISTORY: (Amended Oct. 31, 2002, effective Jan. 1, 2003.) MARYLAND RULES

TITLE 7. APPELLATE AND OTHER JUDICIAL REVIEW IN CIRCUIT COURT CHAPTER 200. JUDICIAL REVIEW OF ADMINISTRATIVE AGENCY DECISIONS Md. Rule 7-204 (2012) Rule 7-204. Response to petition (a) Who may file; contents. Any person, including the agency, who is entitled by law to be a party and who wishes to participate as a party shall file a response to the petition. The response shall state the intent to participate in the action for judicial review. No other allegations are necessary. (b) Preliminary motion. A person may file with the response a preliminary motion addressed to standing, venue, timeliness of filing, or any other matter that would defeat a petitioner's right to judicial review. Except for venue, failure to file a preliminary motion does not constitute waiver of an issue. A preliminary motion shall be served upon the petitioner and the agency. Committee note. -- The filing of a preliminary motion does not result in an automatic extension of the time to transmit the record. The agency or party seeking the extension must file a motion under Rule 7-206 (d). (c) Time for filing response; service. A response shall be filed within 30 days after the date the agency mails notice of the filing of the petition unless the court shortens or extends the time. The response need be served only on the petitioner, and shall be served in the manner prescribed by Rule 1-321. MARYLAND RULES TITLE 7. APPELLATE AND OTHER JUDICIAL REVIEW IN CIRCUIT COURT CHAPTER 200. JUDICIAL REVIEW OF ADMINISTRATIVE AGENCY DECISIONS Md. Rule 7-205 (2012) Rule 7-205. Stays The filing of a petition does not stay the order or action of the administrative agency. Upon motion and after hearing, the court may grant a stay, unless prohibited by law, upon the conditions as to bond or otherwise that the court considers proper. MARYLAND RULES TITLE 7. APPELLATE AND OTHER JUDICIAL REVIEW IN CIRCUIT COURT CHAPTER 200. JUDICIAL REVIEW OF ADMINISTRATIVE AGENCY DECISIONS Md. Rule 7-206 (2012) Rule 7-206. Record

(a) Contents; expense of transcript. The record shall include the transcript of testimony and all exhibits and other papers filed in the agency proceeding, except those papers the parties agree or the court directs may be omitted by written stipulation or order included in the record. If the testimony has been recorded but not transcribed before the filing of the petition for judicial review, the first petitioner, if required by the agency and unless otherwise ordered by the court or provided by law, shall pay the expense of transcription, which shall be taxed as costs and may be apportioned as provided in Rule 2-603. A petitioner who pays the cost of transcription shall file with the agency a certification of costs, and the agency shall include the certification in the record. (b) Statement in lieu of record. If the parties agree that the questions presented by the action for judicial review can be determined without an examination of the entire record, they may sign and, upon approval by the agency, file a statement showing how the questions arose and were decided and setting forth only those facts or allegations that are essential to a decision of the questions. The parties are strongly encouraged to agree to such a statement. The statement, any exhibits to it, the agency's order of which review is sought, and any opinion of the agency shall constitute the record in the action for judicial review. (c) Time for transmitting. Except as otherwise provided by this Rule, the agency shall transmit to the clerk of the circuit court the original or a certified copy of the record of its proceedings within 60 days after the agency receives the first petition for judicial review. (d) Shortening or extending the time. Upon motion by the agency or any party, the court may shorten or extend the time for transmittal of the record. The court may extend the time for no more than an additional 60 days. The action shall be dismissed if the record has not been transmitted within the time prescribed unless the court finds that the inability to transmit the record was caused by the act or omission of the agency, a stenographer, or a person other than the moving party. (e) Duty of clerk. Upon the filing of the record, the clerk shall notify the parties of the date that the record was filed. HISTORY: (Amended Oct. 31, 2002, effective Jan. 1, 2003.) MARYLAND RULES TITLE 7. APPELLATE AND OTHER JUDICIAL REVIEW IN CIRCUIT COURT CHAPTER 200. JUDICIAL REVIEW OF ADMINISTRATIVE AGENCY DECISIONS Md. Rule 7-207 (2012) Rule 7-207. Memoranda (a) Generally. Within 30 days after the clerk sends notice of the filing of the record, a petitioner shall file a memorandum setting forth a concise statement of the questions presented for review, a statement of facts material to those questions, and argument on each question, including citations

of authority and references to pages of the record and exhibits relied on. Within 30 days after service of the memorandum, any person who has filed a response, including the agency when entitled by law to be a party to the action, may file an answering memorandum in similar form. The petitioner may file a reply memorandum within 15 days after service of an answering memorandum. Except with the permission of the court, a memorandum shall not exceed 35 pages. In an action involving more than one petitioner or responding party, any petitioner or responding party may adopt by reference any part of the memorandum of another. (b) When not required. Memoranda are not required in an action for judicial review of a decision of the Workers' Compensation Commission where the review is de novo. Committee note. -- Memoranda are required in an action for judicial review of the amount of an attorney's fee in a Worker's Compensation case, because the review is on the record of the Worker's Compensation Commission. See Mitchell v. Goodyear Service Store, 306 Md. 27 (1986). (c) Modification of time requirements. The time for filing a memorandum may be shortened or extended by (1) stipulation of the parties filed with the clerk so long as the first memorandum and any answering memorandum are filed at least 30 days, and any reply memorandum is filed at least ten days, before the scheduled hearing, or (2) order of the court entered pursuant to Rule 1-204. (d) Sanctions for late filing of memoranda. If a petitioner fails to file a memorandum within the time prescribed by this Rule, the court may dismiss the action if it finds that the failure to file or the late filing caused prejudice to the moving party. A person who has filed a response but who fails to file an answering memorandum within the time prescribed by this Rule may not present argument except with the permission of the court. HISTORY: (Amended Dec. 10, 1996, effective July 1, 1997.) MARYLAND RULES TITLE 7. APPELLATE AND OTHER JUDICIAL REVIEW IN CIRCUIT COURT CHAPTER 200. JUDICIAL REVIEW OF ADMINISTRATIVE AGENCY DECISIONS Md. Rule 7-208 (2012) Rule 7-208. Hearing (a) Generally. Unless a hearing is waived in writing by the parties, the court shall hold a hearing. (b) Scheduling. Upon the filing of the record pursuant to Rule 7-206, a date shall be set for the hearing on the merits. Unless otherwise ordered by the court or required by law, the hearing shall be no earlier than 90 days from the date the record was filed. (c) Hearing Conducted by Video Conferencing or Other Electronic Means. (1) Generally. Except as provided in subsection (c)(2) of this Rule, the court, on motion or on its

own initiative, may allow one or more parties or attorneys to participate in a hearing by video conferencing or other electronic means. In determining whether to proceed under this section, the court shall consider: (A) the availability of equipment at the court facility and at the relevant remote location necessary to permit the parties to participate meaningfully and to make an accurate and complete record of the proceeding; (B) whether, in light of the issues before the court, the physical presence of a party or counsel is particularly important; (C) whether the physical presence of a party is not possible or may be accomplished only at significant cost or inconvenience; (D) whether the physical presence of fewer than all parties or counsel would make the proceeding unfair; and (E) any other factors the court finds relevant. (2) Exceptions and Conditions. (A) The court may not allow participation in the hearing by video conferencing or other electronic means if (i) additional evidence will be taken at the hearing and the parties do not agree to video conferencing or other electronic means, or (ii) such a procedure is prohibited by law. (B) The court may not allow participation in the hearing by video conferencing or other electronic means on its own initiative unless it has given notice to the parties of its intention to do so and has afforded them a reasonable opportunity to object. An objection shall state specific grounds, and the court may rule on the objection without a hearing. (d) Additional Evidence. Additional evidence in support of or against the agency's decision is not allowed unless permitted by law. HISTORY: (Amended Nov. 8, 2005, effective January 1, 2006; amended September 8, 2011, effective January 1, 2012.) MARYLAND RULES TITLE 7. APPELLATE AND OTHER JUDICIAL REVIEW IN CIRCUIT COURT CHAPTER 200. JUDICIAL REVIEW OF ADMINISTRATIVE AGENCY DECISIONS Md. Rule 7-209 (2012) Rule 7-209. Disposition Unless otherwise provided by law, the court may dismiss the action for judicial review or may

affirm, reverse, or modify the agency's order or action, remand the action to the agency for further proceedings, or an appropriate combination of the above. MARYLAND RULES TITLE 7. APPELLATE AND OTHER JUDICIAL REVIEW IN CIRCUIT COURT CHAPTER 200. JUDICIAL REVIEW OF ADMINISTRATIVE AGENCY DECISIONS Md. Rule 7-210 (2012) Rule 7-210. Return of agency record After the time for seeking appellate review has expired, if no appellate review has been sought, the clerk shall return the record of the agency proceeding to the agency. If appellate review has been sought, the clerk, unless otherwise ordered by the appellate court, shall return the record of the agency proceedings to the agency upon the conclusion of the appellate review. MARYLAND RULES TITLE 7. APPELLATE AND OTHER JUDICIAL REVIEW IN CIRCUIT COURT CHAPTER 200. JUDICIAL REVIEW OF ADMINISTRATIVE AGENCY DECISIONS Md. Rule 7-211 (2012) Rule 7-211. Request for impleader of the subsequent injury fund (a) Generally. If a party files a request for impleader of the Subsequent Injury Fund more than 60 days before trial, the court shall grant the request. If a party files a request for impleader within the 60-day period before trial, the court shall determine whether there is good cause to grant the request. (b) Order granting request for impleader. If the court grants a request for impleader, the court shall suspend further proceedings and remand the case to the Workers' Compensation Commission. (c) Information to be provided to the subsequent injury fund. Within 10 days after the date of an order granting a request for impleader, the impleading party shall provide to the Subsequent Injury Fund and all other parties: (1) a copy of the original claim, any amendments, each issue previously filed, and any award or order entered by the Commission on the claim; (2) identification, by claim number if available, of prior awards or settlements to the claimant for permanent disability made or approved by the Commission, by a comparable commission of another state as defined in Code, Labor and Employment Article, 1-101;

(3) all relevant medical evidence relied on to implead the Subsequent Injury Fund; and (4) a certification that a copy of the request for impleader and all required information and documents have been mailed to the Subsequent Injury Fund and all other parties. HISTORY: (Added Nov. 8, 2005, effective Jan. 1, 2006.) MARYLAND RULES TITLE 7. APPELLATE AND OTHER JUDICIAL REVIEW IN CIRCUIT COURT CHAPTER 300. CERTIORARI Md. Rule 7-301 (2012) Rule 7-301. Certiorari in the circuit court (a) Applicability; definitions. This Rule governs applications in the circuit court for a writ of certiorari. As used in this Rule, "respondent" means the District Court or the Orphans' Court whose acts are sought to be reviewed. As used in this Rule, "party" means any party to a proceeding in the District Court or Orphans' Court other than the petitioner or petitioners in the circuit court. (b) Petition. An application for a writ of certiorari shall be by petition filed in the circuit court for the county where the acts sought to be reviewed take, have taken, or would take effect. The petition shall name as respondent the court whose acts are sought to be reviewed and the names and addresses of all known parties in the proceeding with respect to which the review by the circuit court is sought. The petition shall be under oath and shall state (1) the name of the respondent, (2) the matter sought to be reviewed, ( (3) the interest of the petitioner in the matter, and (4) the facts relied on to show that the respondent lacked jurisdiction or committed unconstitutional acts reviewable by writ of certiorari. (c) Action on petition; bond. Upon the filing of a petition, the court shall (1) issue an order requiring the respondent to file a response by a specified date showing cause why the writ should not issue, (2) issue a writ of certiorari to the respondent, requiring the production by a specified date of all records of the respondent in the matter by a date stated in the writ, or (3) dismiss the petition if the court determines from the petition that it lacks jurisdiction. Before issuing a writ of certiorari, the court may require the petitioner to file a bond conditioned on the payment to any person of any damages sustained because of the issuance of the writ if the court ultimately determines that the writ should not have issued. Cross references. -- Title 1, Chapter 400. (d) Service and notice. Upon filing the petition, the petitioner shall deliver to the clerk one additional copy of the petition for the respondent and one additional copy for each party. The petitioner also shall notify the other parties in conformity with Rule 1-351 (b). The clerk shall promptly mail a copy of the petition to the clerk of the respondent and to each party, together with a notice stating:

(1) the date the petition was filed; (2) the name of the court in which the petition was filed; (3) the civil action number assigned to the petition; and (4) that if the respondent or a party opposes the petition, the respondent or party shall file a response within 30 days after the date the notice was mailed or, if the court has shortened or extended the time for filing a response, within such other time stated in the notice. The clerk also shall mail a copy of the notice to each petitioner. (e) Hearing. (1) If no response is filed. If no response to the petition is filed within the time allowed, the court may issue the writ without a hearing. (2) If a response is filed. If the respondent or a party files a response to the petition, the court shall hold a hearing to determine its own jurisdiction and whether to issue the writ. (3) When writ issued. Upon the return of the writ and the production by the respondent of its records, the court shall first determine whether it has jurisdiction and, if so, shall review the jurisdiction and constitutionality of the acts of the respondent. (f) Motion to intervene. Any person whose interest may be affected adversely by the certiorari proceeding may move to intervene pursuant to Rule 2-214. HISTORY: (Amended Nov. 8, 2005, effective Jan. 1, 2006.) MARYLAND RULES TITLE 7. APPELLATE AND OTHER JUDICIAL REVIEW IN CIRCUIT COURT CHAPTER 400. ADMINISTRATIVE MANDAMUS Md. Rule 7-401 (2012) Rule 7-401. General provisions (a) Applicability. The rules in this Chapter govern actions for judicial review of a quasi-judicial order or action of an administrative agency where review is not expressly authorized by law. Committee note. -- A writ of mandamus is an appropriate remedy for review of a quasi-judicial order or action of an administrative agency only when no other right of appeal is provided by state or local law. See Heaps v. Cobb, 185 Md. 372 (1945). Ordinarily, administrative finality is required, but see Prince George's County v. Blumberg, 288 Md, 275 (1980) and Holiday Spas v. Montgomery County, 315 Md. 390 (1989).

Cross references. -- For judicial review of an order or action of an administrative agency where judicial review is authorized by statute, see Title 7, Chapter 200 of these Rules. (b) Definition. As used in this Chapter, "administrative agency" means any agency, board, department, district, commission, authority, Commissioner, official, or other unit of the State or of a political subdivision of the State. HISTORY: (Added Nov. 8, 2005, effective Jan. 1, 2006.) MARYLAND RULES TITLE 7. APPELLATE AND OTHER JUDICIAL REVIEW IN CIRCUIT COURT CHAPTER 400. ADMINISTRATIVE MANDAMUS Md. Rule 7-402 (2012) Rule 7-402. Procedures (a) Complaint and response. An action for a writ of administrative mandamus is commenced by the filing of a complaint, the form, contents, and timing of which shall comply with Rules 7-202 and 7-203. A response to the filing of the complaint shall comply with the provisions of Rule 7204. (b) Stay. The filing of the complaint does not stay the order or action of the administrative agency. The court may grant a stay in accordance with the provisions of Rule 7-205. (c) Discovery. The court may permit discovery, in accordance with the provisions of Title 2, Chapter 400, that the court finds to be appropriate, but only in cases where the party challenging the agency action makes a strong showing of the existence of fraud or extreme circumstances that occurred outside the scope of the administrative record, and a remand to the agency is not a viable alternative. (d) Record. If a record exists, the record shall be filed in accordance with the provisions of Rule 7206. If no record exists, the agency shall provide (1) a verified response that fully sets forth the grounds for its decision and (2) any written materials supporting the decision. The court may remand the matter to the agency for further supplementation of materials supporting the decision. (e) Memoranda. Memoranda shall be filed in accordance with the provisions of Rule 7-207. (f) Hearing. The court may hold a hearing. If a hearing is held, additional evidence in support of or against the agency's decision is not allowed unless permitted by law. HISTORY: (Added Nov. 8, 2005, effective Jan. 1, 2006.) MARYLAND RULES TITLE 7. APPELLATE AND OTHER JUDICIAL REVIEW IN CIRCUIT COURT CHAPTER 400. ADMINISTRATIVE MANDAMUS

Md. Rule 7-403 (2012) Rule 7-403. Disposition The court may issue an order denying the writ of mandamus, or may issue the writ (1) remanding the case for further proceedings, or (2) reversing or modifying the decision if any substantial right of the plaintiff may have been prejudiced because a finding, conclusion, or decision of the agency: (A) is unconstitutional, (B) exceeds the statutory authority or jurisdiction of the agency, (C) results from an unlawful procedure, (D) is affected by any error of law, (E) is unsupported by competent, material, and substantial evidence in light of the entire record as submitted, (F) is arbitrary or capricious, or (G) is an abuse of its discretion. HISTORY: (Added Nov. 8, 2005, effective Jan. 1, 2006.) MARYLAND RULES TITLE 7. APPELLATE AND OTHER JUDICIAL REVIEW IN CIRCUIT COURT CHAPTER 500. APPEALS FROM THE ORPHANS' COURT Md. Rule 7-501 (2012) Rule 7-501. Applicability The rules in this Chapter govern appeals to a circuit court from a judgment or order of an orphans' court. HISTORY: (Added Dec. 4, 2007, effective Jan. 1, 2008.) MARYLAND RULES TITLE 7. APPELLATE AND OTHER JUDICIAL REVIEW IN CIRCUIT COURT CHAPTER 500. APPEALS FROM THE ORPHANS' COURT Md. Rule 7-502 (2012)

Rule 7-502. Securing appellate review (a) By notice of appeal. Appellate review in the circuit court may be obtained only if a notice of appeal is filed with the Register of Wills within the time prescribed in Rule 7-503. (b) Caption of notice of appeal. A notice of appeal shall be captioned in the following form: IN THE ORPHANS' COURT FOR IN RE ESTATE OF (Name of decedent, Orphans' Court case number) APPEAL OF (Name and Address) (c) Joinder not required. An appeal may be filed with or without the assent or joinder of other persons. (d) Substitution. The proper person may be substituted for a party on appeal in accordance with Rule 2-241. (e) Stay of proceedings. Stay of Orphans' Court proceedings in the event of appeal is governed by Code, Courts Article, 12-701 (a). HISTORY: (Added Dec. 4, 2007, effective Jan. 1, 2008.) MARYLAND RULES TITLE 7. APPELLATE AND OTHER JUDICIAL REVIEW IN CIRCUIT COURT CHAPTER 500. APPEALS FROM THE ORPHANS' COURT Md. Rule 7-503 (2012) Rule 7-503. 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 pursuant to Rule 6-171 of the judgment or order from which the appeal is taken. (b) Appeals by other party. If one party files a timely notice of appeal, any other party may file a notice of appeal within 10 days after the date on which the first notice of appeal was served or within 30 days after entry of the judgment or order from which the appeal is taken, whichever is later.

HISTORY: (Added Dec. 4, 2007, effective Jan. 1, 2008.) MARYLAND RULES TITLE 7. APPELLATE AND OTHER JUDICIAL REVIEW IN CIRCUIT COURT CHAPTER 500. APPEALS FROM THE ORPHANS' COURT Md. Rule 7-504 (2012) Rule 7-504. Mode of appeal An appeal from an orphans' court to a circuit court shall proceed in accordance with the Rules governing cases instituted in the circuit court. The form and sufficiency of pleadings in the record on appeal are governed by the rules applicable in the Orphans' Court. HISTORY: (Added Dec. 4, 2007, effective Jan. 1, 2008.) MARYLAND RULES TITLE 7. APPELLATE AND OTHER JUDICIAL REVIEW IN CIRCUIT COURT CHAPTER 500. APPEALS FROM THE ORPHANS' COURT Md. Rule 7-505 (2012) Rule 7-505. Record (a) Contents of record. The record on appeal shall include a certified copy of the docket entries in the estate proceeding and all original papers filed in the action in the Orphans' Court except those that the parties stipulate may be omitted. A party may supplement the record by paying for and filing a transcript. The Register of Wills shall append a certificate clearly identifying the papers included in the record. The Orphans' Court may order that the original papers in the action be kept in the Orphans' Court pending the appeal, in which case the Register of Wills shall transmit a certified copy of the original papers. (b) Agreed statement of the case. If the parties agree that the questions presented by an appeal can be determined without a trial, they may sign and, upon approval by the Orphans' Court, file with the Register of Wills a statement of the case showing how the questions arose and were decided, and setting forth only those facts or allegations that are essential to a decision of the questions. The parties are strongly encouraged to agree to such a statement. The statement of the case, the judgment or order from which the appeal is taken, and any opinion of the Orphans' Court shall constitute the record on appeal. The circuit court, however, may direct the Register to transmit all or part of the balance of the record in the Orphans' Court as a supplement to the record on appeal. (c) Cost of preparation. The appellant shall pay to the Register the cost of preparation of the record. (d) Filing fee. The appellant shall deposit with the Register of Wills the fee prescribed by Code, Courts Article, 7-202 unless the fee has been waived by an order of court or unless the appellant

is represented by (1) an attorney assigned by Legal Aid Bureau, Inc. or (2) an attorney assigned by any other legal services organization that accepts as clients only those persons meeting the financial eligibility criteria established by the Federal Legal Services Corporation or other appropriate governmental agency. The filing fee shall be in the form of cash or check or money order payable to the clerk of the circuit court. (e) Transmittal of record. Unless a different time is fixed by order entered pursuant to this section, the Register of Wills shall transmit the record to the circuit court within 60 days after the date the first notice of appeal is filed. The filing fee shall be forwarded with the record to the clerk of the circuit court. For purposes of this Rule, the record is transmitted when it is delivered to the clerk of the circuit court or when it is sent by certified mail by the Register of Wills, addressed to the clerk of the circuit court. On motion or on its own initiative, the Orphans' Court or the circuit court for good cause show may shorten or extend the time for transmittal of the record. (f) Duties of register of wills. (1) Preparation and service of docket entries. The Register of Wills shall prepare and attach to the beginning of the record a certified copy of the docket entries in the estate proceeding. The original papers shall be fastened together in one or more file jackets and numbered consecutively, except that the pages of a transcript of testimony need not be renumbered. The Register shall serve a copy of the docket entries on each party to the appeal. (2) Statement of costs. The Register shall prepare and transmit with the record a statement of the costs of preparing and certifying the record, the costs taxed against each party prior to the transmission of the record, and the costs of all transcripts, if any, and of copies of the transcripts for each of the parties. (g) Correction or supplementation of record. On motion or on its own initiative, the circuit court may order that an error or omission in the record be corrected. (h) Return of record to orphans' court pending appeal. Upon a determination that the record should be returned to the Orphans' Court because of a matter pending in that court, the circuit court may order that the record be returned, subject to the conditions stated in the order. HISTORY: (Added Dec. 4, 2007, effective Jan. 1, 2008.) MARYLAND RULES TITLE 7. APPELLATE AND OTHER JUDICIAL REVIEW IN CIRCUIT COURT CHAPTER 500. APPEALS FROM THE ORPHANS' COURT Md. Rule 7-506 (2012) Rule 7-506. Docketing and caption of appeals Each circuit court shall maintain a docket for appeals from the Orphans' Court. The appeals shall be docketed in the following form:

IN THE CIRCUIT COURT FOR APPEAL OF (Name and Address) IN RE ESTATE OF (Name of decedent, Orphans' Court case number) HISTORY: (Added Dec. 4, 2007, effective Jan. 1, 2008.) * No. * Action

* Civil

MARYLAND RULES TITLE 7. APPELLATE AND OTHER JUDICIAL REVIEW IN CIRCUIT COURT CHAPTER 500. APPEALS FROM THE ORPHANS' COURT Md. Rule 7-507 (2012) Rule 7-507. Dismissal of Appeal (a) Grounds. On motion or on its own initiative, the circuit court may dismiss an appeal for any of the following reasons: (1) the appeal is not allowed by law; (2) the appeal was not properly taken pursuant to Rule 7-502; (3) the notice of appeal was not filed with the Register of Wills within the time prescribed by Rule 7-503; (4) the record was not transmitted within the time prescribed by Rule 7-505, unless the court finds that the failure to transmit the record was caused by the act or omission of a judge, a Register of Wills, a clerk of court, or the appellee; (5) the appeal has been withdrawn because the appellant filed a notice withdrawing the appeal or failed to appear as required for trial or any other proceeding on the appeal; or (6) the case has become moot. (b) Return of Record to Orphans' Court. Upon entry of the circuit court's order dismissing the appeal, the Clerk shall transmit a copy of the order to the Register of Wills. Any order of satisfaction shall be docketed in the estate proceeding. Unless the circuit court orders otherwise, the original papers included in the record shall be transmitted with the copy of the order. (c) Reinstatement. If the appeal is reinstated, the circuit court shall notify the Register of Wills of

the reinstatement and the Register shall return the record. HISTORY: (Added Dec. 4, 2007, effective Jan. 1, 2008.) MARYLAND RULES TITLE 7. APPELLATE AND OTHER JUDICIAL REVIEW IN CIRCUIT COURT CHAPTER 500. APPEALS FROM THE ORPHANS' COURT Md. Rule 7-508 (2012) Rule 7-508. Hearing An appeal from an orphans' court to a circuit court shall be heard de novo, and Title 5 of these Rules applies to the proceedings. HISTORY: (Added Dec. 4, 2007, effective Jan. 1, 2008.) MARYLAND RULES TITLE 7. APPELLATE AND OTHER JUDICIAL REVIEW IN CIRCUIT COURT CHAPTER 500. APPEALS FROM THE ORPHANS' COURT Md. Rule 7-509 (2012) Rule 7-509. Notice of circuit court judgment The clerk of the circuit court shall promptly send notice of the circuit court judgment to the Register of Wills, who shall enter the notice on the docket. HISTORY: (Added Dec. 4, 2007, effective Jan. 1, 2008.) MARYLAND RULES TITLE 7. APPELLATE AND OTHER JUDICIAL REVIEW IN CIRCUIT COURT CHAPTER 500. APPEALS FROM THE ORPHANS' COURT Md. Rule 7-510 (2012) Rule 7-510. Assessment of costs (a) Allowance and allocation. The circuit court, by order, may allocate costs among the parties. The prevailing party is entitled to costs unless the circuit court orders otherwise. (b) State. Costs shall be allowed to or assessed against the State or any official, agency, or political subdivision of the State that is a party in the same manner as costs are allowed to or assessed against a private litigant. HISTORY: (Added Dec. 4, 2007, effective Jan. 1, 2008.)

MARYLAND RULES TITLE 8. APPELLATE REVIEW IN THE COURT OF APPEALS AND COURT OF SPECIAL APPEALS CHAPTER 100. GENERAL PROVISIONS Md. Rule 8-101 (2012) Rule 8-101. Applicability The rules in this Title govern appellate procedure in the Court of Appeals and the Court of Special Appeals. MARYLAND RULES TITLE 8. APPELLATE REVIEW IN THE COURT OF APPEALS AND COURT OF SPECIAL APPEALS CHAPTER 100. GENERAL PROVISIONS Md. Rule 8-102 (2012) Rule 8-102. Term of court Each appellate court shall have one term annually, beginning on the second Monday in September and continuing until the beginning of the next term. MARYLAND RULES TITLE 8. APPELLATE REVIEW IN THE COURT OF APPEALS AND COURT OF SPECIAL APPEALS CHAPTER 100. GENERAL PROVISIONS Md. Rule 8-111 (2012) Rule 8-111. Designation of parties; references (a) Formal designation. (1) No prior appellate decision. When no prior appellate decision has been rendered, the party first appealing the decision of the trial court shall be designated the appellant and the adverse party shall be designated the appellee. Unless the Court orders otherwise, the opposing parties to a subsequently filed appeal shall be designated the cross-appellant and cross-appellee. (2) Prior appellate decision. In an appeal to the Court of Appeals from a decision by the Court of Special Appeals or by a circuit court exercising appellate jurisdiction, the party seeking review of the most recent decision shall be designated the petitioner and the adverse party shall be designated

the respondent. Except as otherwise specifically provided or necessarily implied, the term "appellant" as used in the rules in this Title shall include a petitioner and the term "appellee" shall include a respondent. Cross references. -- See Rule 8-305 for designation of parties in cases certified pursuant to the Maryland Uniform Certification of Questions of Law Act. (b) Alternative references. In the interest of clarity, the parties are encouraged to use the designations used in the trial court, the actual names of the parties, or descriptive terms such as "employer," "insured," "seller," "husband," and "wife" in papers filed with the Court and in oral argument. (c) Victims and victims' representatives. Although not a party to a criminal or juvenile proceeding, a victim of a crime or a delinquent act or a victim's representative may: (1) file an application for leave to appeal to the Court of Special Appeals from an interlocutory or a final order under Code, Criminal Procedure Article, 11-103 and Rule 8-204; or (2) participate in the same manner as a party regarding the rights of the victim or victim's representative. HISTORY: (Amended Dec. 4, 2007, effective Jan. 1, 2008; amended Sept. 10, 2009, effective Oct. 1, 2009.) MARYLAND RULES TITLE 8. APPELLATE REVIEW IN THE COURT OF APPEALS AND COURT OF SPECIAL APPEALS CHAPTER 100. GENERAL PROVISIONS Md. Rule 8-112 (2012) Rule 8-112. Form of court papers (a) In general. A brief, table of contents of a record extract, petition for a writ of certiorari, motion, or other paper filed shall be typewritten or printed and shall comply with this Rule. (b) Typewritten papers -- Uniformly spaced type. (1) Type size. Uniformly spaced type (such as produced by typewriters) in the text and footnotes shall not be smaller than 11 point and shall not exceed 10 characters per inch. (2) Spacing. Papers prepared with uniformly spaced type shall be double-spaced, except that headings, indented quotations, and footnotes may be single-spaced. (c) Printed and computer-generated papers -- Proportionally spaced type. (1) Type size and font. Proportionally spaced type (such as produced by commercial printers and many computer printers) in the text and footnotes shall not be smaller than 13 point. The Court of Appeals shall approve, from time to time, a list of fonts that comply with the requirements of this

Rule. Upon the docketing of an appeal, the clerk of the appellate court shall send the approved list to all parties or their attorneys. The horizontal scaling ordinarily produced by the computer program may not be altered in order to decrease the width of the characters or increase the number of characters on a line. Committee note. -- "Horizontal scaling" refers to the width of the characters. (2) Spacing. Papers prepared with proportionally spaced type shall have at least 1.5 spacing between lines, except that headings, indented quotations, and footnotes may be single-spaced. The kerning ordinarily produced by the computer program may not be altered in order to reduce the amount of space between characters or to increase the number of characters on a line. Committee note. -- "Kerning" refers to the amount of space between characters. (d) Margins. Margins at the top and bottom of the page shall be not less than 1 inch, except that the page number may be within the bottom margin. Line length shall not exceed 61/2 inches, and the margin on the bound edge of each page shall be sufficient to prevent the binding from covering any text. (e) Copies. Copies required to be filed shall be duplicated by any process that produces a clear black image on white, opaque, unglazed paper. (f) Effect of noncompliance. For noncompliance with this Rule, the appellate court may enter any appropriate order, including an order that an improperly prepared brief be corrected at the expense of the attorney for the party for whom the brief was filed. HISTORY: (Amended Dec. 10, 1996, effective July 1, 1997.) MARYLAND RULES TITLE 8. APPELLATE REVIEW IN THE COURT OF APPEALS AND COURT OF SPECIAL APPEALS CHAPTER 100. GENERAL PROVISIONS Md. Rule 8-113 (2012) Rule 8-113. Court papers -- Duty of Clerk (a) Opinions. All opinions of the Court shall be filed with the Clerk. The Clerk shall deliver a certified copy of each opinion to be reported to the State Reporter for inclusion in the State Reports. (b) Record on appeal. (1) Request by Governor -- Criminal cases. When requested by the Governor, the Clerk may send to the Governor the record on appeal in a criminal case. The Clerk shall obtain a receipt.

(2) For preparation of record extract. When necessary for preparation of a record extract and on request of a party, the Clerk may send all or part of the record on appeal to a commercial printer or photocopier for reproduction. (3) Removal to State Archives. The Clerk shall deliver the original records to the State Archives for permanent retention in accordance with the procedures established by the State Archivist and Records Management Division. (c) Other court papers. Except as otherwise provided in this Rule, the Clerk shall not release any original court paper without permission of the Court and the receipt of the party to whom it is delivered. HISTORY: (Amended Mar. 5, 2001, effective July 1, 2001.) MARYLAND RULES TITLE 8. APPELLATE REVIEW IN THE COURT OF APPEALS AND COURT OF SPECIAL APPEALS CHAPTER 100. GENERAL PROVISIONS Md. Rule 8-114 (2012) Rule 8-114. Unreported opinions Transferred, effective Jan. 1, 2004. MARYLAND RULES TITLE 8. APPELLATE REVIEW IN THE COURT OF APPEALS AND COURT OF SPECIAL APPEALS CHAPTER 100. GENERAL PROVISIONS Md. Rule 8-121 (2012) Rule 8-121. Appeals from courts exercising juvenile jurisdiction -- Confidentiality (a) Scope. This Rule applies to an appeal from an order relating to a child entered by a court exercising juvenile jurisdiction. (b) Caption. Unless the court orders otherwise, the proceedings shall be styled "In re ............... (first name and initial of last name of child)". (c) Confidentiality. The last name of the child shall not be used in any opinion, oral argument, brief, record extract, petition, or other document pertaining to the appeal that is generally available to the public.

(d) Transmittal of record. The record shall be transmitted to the appellate court in a manner that ensures the secrecy of its contents. (e) Access to record. Except by order of the Court, the record shall be open to inspection only by the Court, authorized court personnel, parties, and their attorneys. MARYLAND RULES TITLE 8. APPELLATE REVIEW IN THE COURT OF APPEALS AND COURT OF SPECIAL APPEALS CHAPTER 100. GENERAL PROVISIONS Md. Rule 8-121 (2012) Rule 8-121. Appeals from courts exercising juvenile jurisdiction -- Confidentiality (a) Scope. This Rule applies to an appeal from an order relating to a child entered by a court exercising juvenile jurisdiction. (b) Caption. Unless the court orders otherwise, the proceedings shall be styled "In re ............... (first name and initial of last name of child)". (c) Confidentiality. The last name of the child shall not be used in any opinion, oral argument, brief, record extract, petition, or other document pertaining to the appeal that is generally available to the public. (d) Transmittal of record. The record shall be transmitted to the appellate court in a manner that ensures the secrecy of its contents. (e) Access to record. Except by order of the Court, the record shall be open to inspection only by the Court, authorized court personnel, parties, and their attorneys. MARYLAND RULES TITLE 8. APPELLATE REVIEW IN THE COURT OF APPEALS AND COURT OF SPECIAL APPEALS CHAPTER 100. GENERAL PROVISIONS Md. Rule 8-122 (2012) Rule 8-122. Appeals from proceedings for adoption or guardianship -- Confidentiality (a) Scope. This Rule applies to an appeal from an order relating to a child in a proceeding for adoption or for guardianship with right to consent to adoption or long-term care short of adoption. (b) Caption. The proceeding shall be styled "In re Adoption/Guardianship of

.....................(first name and initial of last name of adoptee or ward)". (c) Confidentiality. The last name of the child, the natural parents of the child, and the adopting parents shall not be used in any opinion, oral argument, brief, record extract, petition, or other document pertaining to the appeal that is generally available to the public. The parties, with the approval of the appellate court, may waive the requirements of this section. (d) Transmittal of record. The record shall be transmitted to the appellate court in a manner that ensures the secrecy of its contents. (e) Access to the record. (1) Adoption proceeding. Except by order of the Court and subject to reasonable conditions and restrictions imposed by the Court, the record in an appeal from an adoption proceeding shall be open to inspection only by the Court and authorized court personnel. (2) Guardianship proceeding. Except by order of the Court, the record in an appeal from a guardianship proceeding shall be open to inspection only by the Court, authorized court personnel, parties, and their attorneys. HISTORY: (Amended Mar. 5, 2001, effective July 1, 2001.) MARYLAND RULES TITLE 8. APPELLATE REVIEW IN THE COURT OF APPEALS AND COURT OF SPECIAL APPEALS CHAPTER 100. GENERAL PROVISIONS Md. Rule 8-123 (2012) Rule 8-123. Appeals from criminal investigations -- Confidentiality

(a) Scope. This Rule applies to an appeal from an order entered in a criminal investigation. (b) Caption. The proceedings shall be styled "In Re Criminal investigation No. ............... in the Circuit Court for................................". (c) Confidentiality. The name of the person under investigation shall not be used in any opinion, oral argument, brief, record extract, petition, or other document pertaining to the appeal that is generally available to the public. (d) Transmittal of record. The record shall be transmitted to the appellate court in a manner that ensures the secrecy of its contents. (e) Access to record. Except by order of the Court, the record shall be open to inspection only by

the Court, authorized court personnel, and attorneys for the State. Other parties to the appeal and their attorneys may, by Court order, have access to the portion of the record relevant to that party's appeal before the Court. MARYLAND RULES TITLE 8. APPELLATE REVIEW IN THE COURT OF APPEALS AND COURT OF SPECIAL APPEALS CHAPTER 100. GENERAL PROVISIONS Md. Rule 8-131 (2012) Rule 8-131. Scope of review (a) Generally. The issues of jurisdiction of the trial court over the subject matter and, unless waived under Rule 2-322, over a person may be raised in and decided by the appellate court whether or not raised in and decided by the trial court. Ordinarily, the appellate court will not decide any other issue unless it plainly appears by the record to have been raised in or decided by the trial court, but the Court may decide such an issue if necessary or desirable to guide the trial court or to avoid the expense and delay of another appeal. (b) In Court of Appeals -- Additional limitations. (1) Prior appellate decision. Unless otherwise provided by the order granting the writ of certiorari, in reviewing a decision rendered by the Court of Special Appeals or by a circuit court acting in an appellate capacity, the Court of Appeals ordinarily will consider only an issue that has been raised in the petition for certiorari or any cross-petition and that has been preserved for review by the Court of Appeals. Whenever an issue raised in a petition for certiorari or a cross-petition involves, either expressly or implicitly, the assertion that the trial court committed error, the Court of Appeals may consider whether the error was harmless or non-prejudicial even though the matter of harm or prejudice was not raised in the petition or in a cross-petition. Committee note. -- The last sentence of subsection (b) (1) amends the holding of Coleman v. State, 281 Md. 538 (1977), and its progeny. (2) No prior appellate decision. Except as otherwise provided in Rule 8-304 (c), when the Court of Appeals issues a writ of certiorari to review a case pending in the Court of Special Appeals before a decision has been rendered by that Court, the Court of Appeals will consider those issues that would have been cognizable by the Court of Special Appeals. (c) Action tried without a jury. When an action has been tried without a jury, the appellate court will review the case on both the law and the evidence. It will not set aside the judgment of the trial court on the evidence unless clearly erroneous, and will give due regard to the opportunity of the trial court to judge the credibility of the witnesses. Cross references. -- Rule 2-519.

(d) Interlocutory order. On an appeal from a final judgment, an interlocutory order previously entered in the action is open to review by the Court unless an appeal has previously been taken from that order and decided on the merits by the Court. (e) Order denying motion to dismiss. An order denying a motion to dismiss for failure to state a claim upon which relief can be granted is reviewable only on appeal from the judgment. HISTORY: (Amended April 5, 2005, effective July 1, 2005.) MARYLAND RULES TITLE 8. APPELLATE REVIEW IN THE COURT OF APPEALS AND COURT OF SPECIAL APPEALS CHAPTER 100. GENERAL PROVISIONS Md. Rule 8-132 (2012) Rule 8-132. Transfer of appeal improperly taken If the Court of Appeals or the Court of Special Appeals determines that an appellant has improperly noted an appeal to it but may be entitled to appeal to another court exercising appellate jurisdiction, the Court shall not dismiss the appeal but shall instead transfer the action to the court apparently having jurisdiction, upon the payment of costs provided in the order transferring the action. MARYLAND RULES TITLE 8. APPELLATE REVIEW IN THE COURT OF APPEALS AND COURT OF SPECIAL APPEALS CHAPTER 200. OBTAINING REVIEW IN COURT OF SPECIAL APPEALS Md. Rule 8-201 (2012) Rule 8-201. Method of securing review -- Court of Special Appeals (a) By notice of appeal. Except as provided in Rule 8-204, the only method of securing review by the Court of Special Appeals is by the filing of a notice of appeal within the time prescribed in Rule 8-202. The notice shall be filed with the clerk of the lower court or, in an appeal from an order or judgment of an Orphans' Court, with the register of wills. The clerk or register shall enter the notice on the docket. (b) Filing fees. At the time of filing a notice of appeal in a civil case, or within the time for transmitting the record under Rule 8-412 in a criminal case, an appellant shall deposit the fee prescribed pursuant to Code, Courts Article, 7-102 with the clerk of the lower court unless the fee has been waived by an order of court or unless the appellant is represented by (1) the Public Defender's Office, (2) an attorney assigned by Legal Aid Bureau, Inc., or (3) an attorney assigned by any other legal services organization that accepts as clients only those persons meeting the

financial eligibility criteria established by the Federal Legal Services Corporation or other appropriate governmental agency. Cross references. -- Rule 1-325. (c) Transmittal of record. After all required fees have been deposited, the clerk shall transmit the record as provided in Rules 8-412 and 8-413. The fee shall be forwarded with the record to the Clerk of the Court of Special Appeals. HISTORY: (Amended June 20, 1991, effective July 1, 1991.) MARYLAND RULES TITLE 8. APPELLATE REVIEW IN THE COURT OF APPEALS AND COURT OF SPECIAL APPEALS CHAPTER 200. OBTAINING REVIEW IN COURT OF SPECIAL APPEALS Md. Rule 8-202 (2012) Rule 8-202. 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. In this Rule, "judgment" includes a verdict or decision of a circuit court to which issues have been sent from an Orphans' Court. Cross references. -- Code, Courts Article, 12-302 (c) (3). (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 the judgment or (2) entry of a notice withdrawing the motion or an order denying the motion. (c) Civil action -- Post judgment motions. In a civil action, when a timely motion is filed pursuant to Rule 2-532, 2-533, or 2-534, the notice of appeal shall be filed within 30 days after entry of (1) a notice withdrawing the motion or (2) an order denying a motion pursuant to Rule 2-533 or disposing of a motion pursuant to Rule 2-532 or 2-534. A notice of appeal filed before the withdrawal or disposition of any of these motions does not deprive the trial court of jurisdiction to dispose of the motion. If a notice of appeal is filed and thereafter a party files a timely motion pursuant to Rule 2-532, 2-533, or 2-534, the notice of appeal shall be treated as filed on the same day as, but after, the entry of a notice withdrawing the motion or an order disposing of it. Committee note. -- A motion filed pursuant to Rule 2-535, if filed within ten days after entry of judgment, will have the same effect as a motion filed pursuant to Rule 2-534, for purposes of this Rule. Unnamed Att'y v. Attorney Grievance Comm'n, 303 Md. 473, 494 A.2d 940 (1985); Sieck v. Sieck, 66 Md. App. 37, 502 A.2d 528 (1986).

(d) When notice for in banc review filed. A party who files a timely notice for in banc review pursuant to Rule 2-551 or 4-352 may file a notice of appeal provided that (1) the notice of appeal is filed within 30 days after entry of the judgment or order from which the appeal is taken and (2) the notice for in banc review has been withdrawn before the notice of appeal is filed and prior to any hearing before or decision by the in banc court. A notice of appeal by any other party shall be filed within 30 days after entry of a notice withdrawing the request for in banc review or an order disposing of it. Any earlier notice of appeal by that other party does not deprive the in banc court of jurisdiction to conduct the in banc review. (e) 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. (f) Date of entry. "Entry" as used in this Rule occurs on the day when the clerk of the lower court first makes a record in writing of the judgment, notice, or order on the file jacket, on a docket within the file, or in a docket book, according to the practice of that court, and records the actual date of the entry. HISTORY: (Amended Oct. 31, 2002, effective Jan. 1, 2003.) MARYLAND RULES TITLE 8. APPELLATE REVIEW IN THE COURT OF APPEALS AND COURT OF SPECIAL APPEALS CHAPTER 200. OBTAINING REVIEW IN COURT OF SPECIAL APPEALS Md. Rule 8-203 (2012) Rule 8-203. Striking of notice of appeal or application for leave to appeal by lower court (a) Generally. On motion or on its own initiative, the lower court may strike a notice of appeal or application for leave to appeal (1) that has not been filed within the time prescribed by Rules 8-202 or 8-204, (2) if the clerk of the lower court has prepared the record pursuant to Rule 8-413 and the appellant has failed to pay for the record, (3) if the appellant has failed to deposit with the clerk of the lower court the filing fee required by Rule 8-201 (b), or (4) if by reason of any other neglect on the part of the appellant the record has not been transmitted to the appellate court within the time prescribed in Rule 8-412. (b) Notice. Before the lower court strikes a notice of appeal or application for leave to appeal on its own initiative, the clerk of that court shall serve on all parties pursuant to Rule 1-321 a notice that an order striking the notice of appeal or application for leave to appeal will be entered unless a response is filed within 15 days after service showing good cause why the notice or application should not be stricken. MARYLAND RULES TITLE 8. APPELLATE REVIEW IN THE COURT OF APPEALS AND COURT OF SPECIAL APPEALS CHAPTER 200. OBTAINING REVIEW IN COURT OF SPECIAL APPEALS

Md. Rule 8-204 (2012) Rule 8-204. Application for leave to appeal to Court of Special Appeals (a) Scope. This Rule applies to applications for leave to appeal to the Court of Special Appeals. Cross references. -- For Code provisions governing applications for leave to appeal, see Courts Article, 3-707 concerning bail; Courts Article, 12-302 (e) concerning guilty plea cases; Courts Article, 12-302 (g) concerning revocation of probation cases; Criminal Procedure Article, 11103 concerning victims of violent crimes or delinquent acts; Criminal Procedure Article, 7-109 concerning post conviction cases; Correctional Services Article, 10-206 et seq. concerning inmate grievances; and Health-General Article, 12-117 (e)(2), 12-118 (d)(2), and 12-120 (k)(2) concerning continued commitment, conditional release, or discharge of an individual committed as not criminally responsible by reason of insanity or incompetent to stand trial. (b) Application. (1) How made. An application for leave to appeal to the Court of Special Appeals shall be filed in duplicate with the clerk of the lower court. (2) Time for filing. (A) Generally. Except as otherwise provided in subsection (b)(2)(B) of this Rule, the application shall be filed within 30 days after entry of the judgment or order from which the appeal is sought. (B) Interlocutory appeal by victim. An application with regard to an interlocutory appeal by a victim pursuant to Code, Criminal Procedure Article, 11-103 alleging that the criminal or juvenile court denied or failed to consider a victim's right may be filed at the time the victim's right is actually being denied or within 10 days after the request is made on behalf of the victim, whether or not the court has ruled on the request. Committee note. -- Code, Courts Article, 11-103 (c) provides that the filing of an application for leave to appeal by a victim does not stay other proceedings in a criminal or juvenile action unless all parties in the action consent to the stay. (C) Bail. An application for leave to appeal with regard to bail pursuant to Code, Courts Article, 3-707 shall be filed within ten days after entry of the order from which the appeal is sought. (3) Content. The application shall contain a concise statement of the reasons why the judgment should be reversed or modified and shall specify the errors allegedly committed by the lower court. (4) Service. If the applicant is the State of Maryland, it shall serve a copy of the application on the adverse party in compliance with Rule 1-321. Any other applicant shall serve a copy of the application on the Attorney General in compliance with Rule 1-321. If the applicant is not

represented by an attorney, the clerk of the lower court shall promptly mail a copy of the application to the Attorney General. (c) Record on application. (1) Time for transmittal. The clerk of the lower court shall transmit the record, together with the application, to the Court of Special Appeals within (A) five days after the filing of an application by a victim for leave to file an interlocutory appeal pursuant to Code, Criminal Procedure Article, 11-103, (B) 30 days after the filing of an application for leave to appeal in any other case, or (C) such shorter time as the appellate court may direct. The clerk shall notify each party of the transmittal. (2) Post conviction proceedings. On application for leave to appeal from a post conviction proceeding, the record shall contain the petition, the State's Attorney's response, any subsequent papers filed in the proceeding, and the statement and order required by Rule 4-407. (3) Habeas corpus proceedings. On application for leave to appeal from a habeas corpus proceeding in regard to bail, the record shall contain the petition, any response filed by the State's Attorney, the order of the court, and the judge's memorandum of reasons. (4) Victims. On application by a victim for leave to appeal pursuant to Code, Criminal Procedure Article, 11-103, the record shall contain (A) the application; (B) any response to the application filed by the defendant, a child or liable parent under Code, Criminal Procedure Article, 11-601, the State's Attorney, or the Attorney General; (C) any pleading regarding the victim's request including, if applicable, a statement that the court has failed to consider a right of the victim; and (D), if applicable, any order or decision of the court. (5) Other applications for leave to appeal. On any other application for leave to appeal, the record shall contain all of the original papers and exhibits filed in the proceeding. Cross references. -- Code, Courts Article 3-707. (d) Response. Within 15 days after the clerk of the lower court sends the notice that the record and application have been transmitted to the Court of Special Appeals, any other party may file a response in the Court of Special Appeals stating why leave to appeal should be denied or granted, except that any response to an application for leave to appeal with regard to bail pursuant to Code, Courts Article, 3-707 or with regard to an interlocutory appeal by a victim pursuant to Code, Criminal Procedure Article, 11-103 shall be filed within five days after service of the application. (e) Additional information. Before final disposition of the application, the Court of Special Appeals may require the clerk of the lower court to submit any portion of the stenographic transcript of the proceedings below and any additional information that the Court may wish to consider. (f) Disposition. On review of the application, any response, the record, and any additional information obtained pursuant to section (e) of this Rule, without the submission of briefs or the

hearing of argument, the Court shall: (1) deny the application; (2) grant the application and affirm the judgment of the lower court; (3) grant the application and reverse the judgment of the lower court; (4) grant the application and remand the judgment to the lower court with directions to that court; or (5) grant the application and order further proceedings in the Court of Special Appeals in accordance with section (g) of this Rule. The Clerk of the Court of Special Appeals shall send a copy of the order disposing of the application to the clerk of the lower court. (g) Further proceedings in court of special appeals. (1) Generally. Further proceedings directed under subsection (f)(5) of this Rule shall be conducted pursuant to this Title and as if the order granting leave to appeal were a notice of appeal filed pursuant to Rule 8-202. If the record on application for leave to appeal is to constitute the entire record to be considered on the appeal, the time for the filing of the appellant's brief shall be within 40 days after the date of the order granting leave to appeal. (2) Further proceedings in interlocutory appeals of denial of victims' rights. If the order granting leave to appeal involves an interlocutory appeal by a victim pursuant to Code, Criminal Procedure Article, 11-103, the Court may schedule oral argument without the submission of briefs and shall consider the application and any responses in lieu of briefs. HISTORY: (Amended June 20, 1991, effective July 1, 1991; June 7, 1994, effective October 1, 1994; January 20, 1999, effective July 1, 1999; May 9, 2000, effective July 1, 2000; Jan. 8, 2002, effective Febuary 1, 2002; April 5, 2005, effective July 1, 2005; amended November 8, 2005, effective January 1, 2006; amended December 4, 2007, effective January 1, 2008; amended September 8, 2011, effective January 1, 2012.) MARYLAND RULES TITLE 8. APPELLATE REVIEW IN THE COURT OF APPEALS AND COURT OF SPECIAL APPEALS CHAPTER 200. OBTAINING REVIEW IN COURT OF SPECIAL APPEALS Md. Rule 8-205 (2012) Rule 8-205. Information reports

(a) Applicability. This Rule applies to appeals in all civil actions in the Court of Special Appeals except juvenile causes, appeals from guardianships terminating parental rights, appeals from actions for a writ of error coram nobis, and applications and appeals by prisoners seeking relief relating to confinement or conditions of confinement. (b) Report by appellant required. Upon the filing of a notice of appeal, the clerk of the lower court shall provide to the appellant an information report form prescribed by the Court of Special Appeals. Unless an expedited appeal is elected pursuant to Rule 8-207, the appellant shall file with the Clerk of the Court of Special Appeals a copy of the notice of appeal and a complete and accurate information report. (c) Time for filing. When a notice of appeal is filed more than ten days after the entry of judgment, the information report shall be filed within ten days after the filing of the notice. When the notice of appeal is filed within ten days after the entry of judgment, the information report shall be filed within ten days after the expiration of that ten-day period, if no post-judgment motion pursuant to Rule 2-532, 2-533, or 2-534 or a notice for in banc review pursuant to Rule 2-551 has been timely filed. Cross references. -- Rule 8-202 (c). (d) Report by appellee. Within seven days after service of appellant's information report, each appellee may file with the Clerk of the Court of Special Appeals a supplemental report containing any other information needed to clarify the issues on appeal or otherwise assist the prehearing judge. (e) Disclosure of post-judgment motions. If the filing, withdrawal, or disposition of a motion pursuant to Rule 2-532, 2-533, or 2-534 has not been disclosed in an information report or supplemental report, the party filing the motion shall notify the Clerk of the Court of Special Appeals of the filing and of the withdrawal or disposition. (f) Confidentiality. Information contained in an information report or a supplemental report shall not (1) be treated as admissions, (2) limit the disclosing party in presenting or arguing that party's case, or (3) be referred to except at a prehearing or scheduling conference. HISTORY: (Amended Dec. 10, 1996, effective July 1, 1997; Oct. 31, 2002, effective Jan. 1, 2003; amended Nov. 8, 2005, effective Jan. 1, 2006; amended Sept. 10, 2009, effective Oct. 1, 2009.) MARYLAND RULES TITLE 8. APPELLATE REVIEW IN THE COURT OF APPEALS AND COURT OF SPECIAL APPEALS CHAPTER 200. OBTAINING REVIEW IN COURT OF SPECIAL APPEALS Md. Rule 8-206 (2012) Rule 8-206. Prehearing and scheduling procedure

(a) Initial determination by Court. Within 20 days after the filing of appellant's information report, the Court of Special Appeals shall enter an order (1) that the appeal proceed without a prehearing or scheduling conference; or (2) that the parties, their attorneys, or both the parties and their attorneys appear before the Chief Judge or a judge of the Court designated by the Chief Judge at a designated time and place for a prehearing conference or a scheduling conference. (b) Prehearing conference. The purpose of a prehearing conference is to discuss settlement, dismissal of the appeal, limitation of the issues, contents of the record and record extract, continuance of the appeal, the time or times for filing the record and briefs, and other pertinent matters. Information disclosed at a prehearing conference shall be regarded as disclosed solely for purposes of settlement negotiations and shall not (1) be treated as admissions, (2) limit the disclosing party in presenting or arguing that party's case, or (3) be referred to except at a prehearing conference. (c) Scheduling conference. The purpose of a scheduling conference is to discuss the contents of the record and record extract, the time or times for filing the record and briefs, and other administrative matters that do not relate to the merits of the case. (d) Order. On completion of any conference conducted under this Rule, the judge shall enter an order reciting the actions taken and any agreements reached by the parties. The judge may order additional conferences and may enter an order of remand pursuant to Rule 8-602 (e). The Clerk shall serve a copy of the order on each party pursuant to Rule 1-321. (e) Sanctions. Upon failure of a party or attorney to comply with Rule 8-205, this Rule, or an order under this Rule, the Court of Special Appeals may: (1) dismiss the appeal, (2) assess against the party or attorney the reasonable expenses caused by the failure, including attorney's fees, (3) assess against the party or attorney all or a portion of the appellate costs, or (4) impose any other appropriate sanction. (f) Recusal. A judge who conducts a prehearing conference shall not sit as a member of the panel assigned to hear the appeal in that case. HISTORY: (Amended Dec. 10, 1996, effective July 1, 1997.) MARYLAND RULES TITLE 8. APPELLATE REVIEW IN THE COURT OF APPEALS AND COURT OF SPECIAL APPEALS CHAPTER 200. OBTAINING REVIEW IN COURT OF SPECIAL APPEALS Md. Rule 8-207 (2012)

Rule 8-207. Expedited appeal (a) Adoption, guardianship, child access, child in need of assistance cases. (1) This section applies to every appeal to the Court of Special Appeals (A) from a judgment granting or denying a petition (i) for adoption, guardianship terminating parental rights, or guardianship of the person of a minor or disabled person, or (ii) to declare that a child is a child in need of assistance, and (B) from a judgment granting, denying, or establishing custody of or visitation with a minor child or from an interlocutory order taken pursuant to Code, Courts Article, 12-303(3)(x). Unless otherwise provided for good cause by order of the Court of Special Appeals or by order of the Court of Appeals if that Court has assumed jurisdiction over the appeal, the provisions of this section shall prevail over any other rule to the extent of any inconsistency. (2) In the information report filed pursuant to Rule 8-205, the appellant shall state whether the appeal is subject to this section. (3) Within five days after entry of an order pursuant to Rule 8-206 (a) (1) or an order pursuant to Rule 8-206 (d) directing preparation of the record, the appellant shall order the transcript and make an agreement for payment to assure its preparation. The court reporter or other person responsible for preparation of the transcript shall give priority to transcripts required for appeals subject to this section and shall complete and file the transcripts with the clerk of the lower court within 20 days after receipt of an order of the party directing their preparation and an agreement for payment of the cost. An extension of time may be granted only for good cause. (4) The clerk of the lower court shall transmit the record to the Court of Special Appeals within thirty days after the date of the order entered pursuant to Rule 8-206 (a) (1) or Rule 8-206 (d). (5) The briefing schedule set forth in Rule 8-502 shall apply, except that (A) an appellant's reply brief shall be filed within 15 days after the filing of the appellee's brief, (B) a cross-appellee's brief shall be filed within 20 days after the filing of a cross-appellant's brief, and (C) a cross-appellant's reply brief shall be filed within 15 days after the filing of a cross-appellee's brief. Unless directed otherwise by the Court, any oral argument shall be held within 120 days after transmission of the record. The decision shall be rendered within 60 days after oral argument or submission of the appeal on the briefs filed. (6) Any motion for reconsideration pursuant to Rule 8-605 shall be filed within 15 days after the filing of the opinion of the Court or other order disposing of the appeal. Unless the mandate is delayed pursuant to Rule 8-605 (d) or unless otherwise directed by the Court, the Clerk of the Court of Special Appeals shall issue the mandate upon the expiration of 15 days after the filing of the court's opinion or order. (b) By election of parties. (1) Election. Within 20 days after the first notice of appeal is filed or within the time specified in

an order entered pursuant to Rule 8-206 (d), the parties may file with the Clerk of the Court of Special Appeals a joint election to proceed pursuant to this Rule. (2) Statement of case and facts. Within 15 days after the filing of the joint election, the parties shall file with the Clerk four copies of an agreed statement of the case, including the essential facts, as prescribed by Rule 8-413 (b). By stipulation of counsel filed with the clerk, the time for filing the agreed statement of the case may be extended for no more than an additional 30 days. Committee note. -- Rule 8-413 (b) requires that an agreed statement of the case be approved by the lower court. (3) Withdrawal. The election is withdrawn if (1) within 15 days after its filing the parties file a joint stipulation to that effect or (2) the parties fail to file the agreed statement of the case within the time prescribed by subsection (b)(2) of this Rule. The case shall then proceed as if the first notice of appeal had been filed on the date of the withdrawal. (4) Appellant's brief. The appellant shall file a brief within 15 days after the filing of the agreed statement required by subsection (b)(2) of this Rule. The brief need not include statement of facts, shall be limited to two issues, and shall not exceed ten pages in length. Otherwise, the brief shall conform to the requirements of Rule 8-504. The appellant shall attach the agreed statement of the case as an appendix to the brief. (5) Appellee's brief. The appellee shall file a brief within 15 days after the filing of the appellant's brief. The brief shall not exceed ten pages in length and shall otherwise conform to the requirements of Rule 8-504. (6) Reply brief. A reply brief may be filed only with permission of the Court. (7) Briefs in cross-appeals. An appellee who is also a cross-appellant shall include in the brief filed under subsection (b)(5) of this Rule the issue and argument on the cross-appeal as well as the response to the brief of the appellant. The combined brief shall not exceed 15 pages in length. Within ten days after the filing of an appellee/cross-appellant's brief, the appellant/cross-appellee shall file a brief, not exceeding ten pages in length, in response to the issues and argument raised on the cross-appeal. (8) Oral argument. Except in extraordinary circumstances, any oral argument shall be held within 45 days after the filing of the appellee's brief or, if the Court is not in session at that time, within 45 days after commencement of the next term of the Court. The oral argument shall be limited to 15 minutes for each side. (9) Decision. Except in extraordinary circumstances or when a panel of the Court recommends that the opinion be reported, the decision shall be rendered within 20 days after oral argument or, if all parties submitted on brief, within 30 days after the last submission. (10) Applicability of other rules. The Rules of this Title governing appeals to the Court of Special Appeals shall be applicable to expedited appeals except to the extent inconsistent with this Rule.

HISTORY: (Amended Mar. 30, 1993, effective July 1, 1993; June 21, 1995, effective Sept. 1, 1995; Sept. 11, 1995, effective Jan. 1, 1996; Dec. 16, 1999, effective Jan. 1, 2000; Nov. 12, 2003, effective Jan. 1, 2004; April 5, 2005, effective July 1, 2005; amended Nov. 8, 2005, effective Jan. 1, 2006; amended Sept. 10, 2009, effective Oct. 1, 2009.) MARYLAND RULES TITLE 8. APPELLATE REVIEW IN THE COURT OF APPEALS AND COURT OF SPECIAL APPEALS CHAPTER 300. OBTAINING APPELLATE REVIEW IN COURT OF APPEALS Md. Rule 8-301 (2012) Rule 8-301. Method of securing review -- Court of Appeals (a) Generally. Appellate review by the Court of Appeals may be obtained only: (1) by direct appeal or application for leave to appeal, where allowed by law; (2) pursuant to the Maryland Uniform Certification of Questions of Law Act; or (3) by writ of certiorari in all other cases. Cross references. -- For Code provisions governing direct appeals to the Court of Appeals, see Criminal Law Article, 2-401 concerning automatic review in death penalty cases; Election Law Article, 12-203 concerning appeals from circuit court decisions regarding contested elections; and Financial Institutions Article, 9-712 concerning appeals from circuit court decisions approving transfers of assets of savings and loan associations. For Maryland Uniform Certification of Questions of Law Act, see Code, Courts Article, 12-601 through 12-613. (b) Direct appeals or applications to Court of Appeals. (1) An appeal or application for leave to appeal to the Court of Appeals in a case in which a sentence of death was imposed is governed by Rule 8-306. (2) Any other appeal to the Court of Appeals allowed by law is governed by the other rules of this Title applicable to appeals, or by the law authorizing the direct appeal. In the event of a conflict, the law authorizing the direct appeal shall prevail. Except as otherwise required by necessary implication, references in those rules to the Court of Special Appeals shall be regarded as references to the Court of Appeals. (c) Certification of questions of law. Certification of questions of law to the Court of Appeals pursuant to the Maryland Uniform Certification of Questions of Law Act is governed by Rule 8305.

HISTORY: (Amended Oct. 31, 2002, effective Jan. 1, 2003; Nov. 12, 2003, effective Jan. 1, 2004.) MARYLAND RULES TITLE 8. APPELLATE REVIEW IN THE COURT OF APPEALS AND COURT OF SPECIAL APPEALS CHAPTER 300. OBTAINING APPELLATE REVIEW IN COURT OF APPEALS Md. Rule 8-302 (2012) Rule 8-302. Petition for writ of certiorari -- Times for filing (a) From appeal to Court of Special Appeals. If a notice of appeal to the Court of Special Appeals has been filed pursuant to Rule 8-201, a petition for a writ of certiorari may be filed either before or after the Court of Special Appeals has rendered a decision, but not later than the later of 15 days after the Court of Special Appeals issues its mandate or 30 days after the filing of that court's opinion. (b) From appeal to circuit court. If a writ of certiorari is sought pursuant to Code, Courts Article, 12-305, a petition may be filed not later than 30 days after entry of the judgment of the circuit court, except as follows: (1) In a criminal action, when a timely motion for a new trial is filed pursuant to Rule 4-331 (a), the petition for a writ of certiorari shall be filed within 30 days after the later of (A) entry of the judgment or (B) entry of a notice withdrawing the motion or an order denying the motion. (2) In a civil action tried de novo in the circuit court, when a timely motion is filed pursuant to Rule 2-533 or 2-534, the petition for a writ of certiorari shall be filed within 30 days after entry of (A) a notice of withdrawing the motion or (B) an order denying a motion pursuant to Rule 2-533 or disposing of a motion pursuant to Rule 2-534. A petition for a writ of certiorari filed before the withdrawal or disposition of either of these motions has no effect, and a new petition must be filed within the time specified in this section. (c) By other party -- Within 15 days. If a timely petition for a writ of certiorari is filed by a party, any other party may file a petition for a writ of certiorari within 15 days after the date on which the first timely petition was filed or within any applicable time otherwise prescribed by this Rule, whichever is later. (d) Date of entry. "Entry" as used in this Rule occurs on the day when the clerk of the lower court first makes a record in writing of the judgment, notice, or order on the file jacket, on a docket within the file, or in a docket book, according to the practice of that court, and records the actual date of the entry. HISTORY: (Amended Sept. 10, 2009, effective Oct. 1, 2009.)

MARYLAND RULES TITLE 8. APPELLATE REVIEW IN THE COURT OF APPEALS AND COURT OF SPECIAL APPEALS CHAPTER 300. OBTAINING APPELLATE REVIEW IN COURT OF APPEALS Md. Rule 8-303 (2012) Rule 8-303. Petition for writ of certiorari -- Procedure (a) Filing. A petition for a writ of certiorari, together with seven legible copies, shall be filed with the Clerk of the Court of Appeals. The petition shall be accompanied by the filing fee prescribed pursuant to Code, Courts Article, 7-102 unless the fee has been waived by an order of court or unless the petitioner is represented by (1) the Public Defender's Office, (2) an attorney assigned by Legal Aid Bureau, Inc., or (3) an attorney assigned by any other legal services organization that accepts as clients only those persons meeting the financial eligibility criteria established by the Federal Legal Services Corporation or other appropriate governmental agency. Cross references. -- Rule 1-325. (b) Petition. (1) Contents. The petition shall present accurately, briefly, and clearly whatever is essential to a ready and adequate understanding of the points requiring consideration. Except with the permission of the Court of Appeals, a petition shall not exceed 25 pages. It shall contain the following information: (A) A reference to the action in the lower court by name and docket number; (B) A statement whether the case has been decided by the Court of Special Appeals; (C) If the case is then pending in the Court of Special Appeals, a statement whether briefs have been filed in that Court or the date briefs are due, if known; (D) A statement whether the judgment of the circuit court has adjudicated all claims in the action in their entirety, and the rights and liabilities of all parties to the action; (E) The date of the judgment sought to be reviewed and the date of any mandate of the Court of Special Appeals; (F) The questions presented for review; (G) A reference to pertinent constitutional provisions, statutes, ordinances, or regulations; (H) A concise statement of the facts material to the consideration of the questions presented; and

(I) A concise argument in support of the petition. (2) Documents. A copy of each of the following documents shall be submitted with the petition at the time it is filed: (A) The docket entry evidencing the judgment of the circuit court; (B) Any opinion of the circuit court; (C) Any written order issued under Rule 2-602 (b); (D) If the case has not been decided by the Court of Special Appeals, all briefs that have been filed in the Court of Special Appeals; and (E) Any opinion of the Court of Special Appeals. (3) Where documents unavailable. If a document required by subsection (b) (2) of this Rule is unavailable, the petitioner shall state the reason for the unavailability. If a document required to be submitted with the petition becomes available after the petition is filed but before it has been acted upon, the petitioner shall file it as a supplement to the petition as soon as it becomes available. (4) Previously served documents. Copies of any brief or opinion previously served upon or furnished to another party need not be served upon that party. (c) Sanction. Failure to comply with section (b) of this Rule is a sufficient reason for denying the petition. (d) Answer. Within 15 days after service of the petition, any other party may file an original and seven copies of an answer to the petition stating why the writ should be denied. (e) Stay of judgment of court of special appeals or of a circuit court. Upon the filing of a petition for a writ of certiorari, or upon issuing a writ on its own motion, the Court of Appeals may stay the issuance, enforcement, or execution of a mandate of the Court of Special Appeals or the enforcement or execution of a judgment of a circuit court. (f) Disposition. On review of the petition and any answer, the Court, unless otherwise ordered, shall grant or deny the petition without the submission of briefs or the hearing of argument. If the petition is granted, the Court shall: (1) direct further proceedings in the Court of Appeals; (2) dismiss the appeal pursuant to Rule 8-602; (3) affirm the judgment of the lower court; (4) vacate or reverse the judgment of the lower court;

(5) modify the judgment of the lower court; (6) remand the action to the lower court for further proceedings pursuant to Rule 8-604 (d); or (7) an appropriate combination of the above. (g) Duty of Clerk. The Clerk of the Court of Appeals shall send a copy of the order disposing of the petition to the clerk of the lower court. If the order directs issuance of a writ of certiorari, the Clerk shall issue the writ to the lower court. HISTORY: (Amended June 28, 1989, effective July 1, 1989; May 14, 1992, effective July 1, 1992; Sept. 11, 1995, effective Jan. 1, 1996.) MARYLAND RULES TITLE 8. APPELLATE REVIEW IN THE COURT OF APPEALS AND COURT OF SPECIAL APPEALS CHAPTER 300. OBTAINING APPELLATE REVIEW IN COURT OF APPEALS Md. Rule 8-304 (2012) Rule 8-304. Certification from Court of Special Appeals (a) Initiation. At any time before issuance of a mandate, the Court of Special Appeals or the panel of that Court to which the action has been assigned may certify a question of law or the entire action to the Court of Appeals. Upon transmission to the Court of Appeals, a copy of the certification shall be forwarded to the Chief Judge of the Court of Special Appeals and to the parties. The Court of Appeals may consider the certification pursuant to its authority to issue a writ of certiorari on its own motion. (b) Content. The certification shall briefly describe the action, state the question of law and the facts on which the question arises, and state the reason for certification. (c) Disposition of certification. The Court of Appeals may refuse the certification or may issue a writ of certiorari that (1) accepts the certification as submitted, (2) modifies the questions of law certified, (3) includes the entire action although only a question of law was certified, or (4) limits review to only a question of law although the entire action was certified. The Clerk of the Court of Appeals shall send the order refusing the certification or the writ of certiorari to the Court of Special Appeals and to the parties. (d) Record extract and briefs. If the Court of Appeals issues a writ of certiorari, the filing of a record extract and briefs shall be governed by Rules 8-501 through 8-511 unless the Court orders otherwise.

MARYLAND RULES TITLE 8. APPELLATE REVIEW IN THE COURT OF APPEALS AND COURT OF SPECIAL APPEALS CHAPTER 300. OBTAINING APPELLATE REVIEW IN COURT OF APPEALS Md. Rule 8-305 (2012) Rule 8-305. Certification of questions of law to the court of appeals (a) Certifying court. "Certifying court" as used in this Rule means a court authorized by Code, Courts Article, 12-603 to certify a question of law to the Court of Appeals of Maryland. Committee note. -- Necessary implication requires that the definition of 'court" set forth in Rule 1202 does not apply in this Rule. (b) Certification order. In disposing of an action pending before it, a certifying court, on motion of any party or on its own initiative, may submit to the Court of Appeals a question of law of this State, in accordance with the Maryland Uniform Certification of Questions of Law Act, by filing a certification order. The certification order shall be signed by a judge of the certifying court and state the question of law submitted, the relevant facts from which the question arises, and the party who shall be treated as the appellant in the certification procedure. The original order and seven copies shall be forwarded to the Court of Appeals by the clerk of the certifying court under its official seal, together with the filing fee for docketing regular appeals, payable to the Clerk of the Court of Appeals. (c) Proceeding in the Court of Appeals. The filing of the certification order in the Court of Appeals shall be the equivalent of the transmission of a record on appeal. The Court of Appeals may request, in addition, all or any part of the record before the certifying court. Upon request, the certifying court shall file the original or a copy of the parts of the record requested together with a certificate, under the official seal of the certifying court and signed by a judge or clerk of that court, stating that the materials submitted are all the parts of the record requested by the Court of Appeals. (d) Decision by the Court of Appeals. The written opinion of the Court of Appeals stating the law governing the question certified shall be sent by the Clerk of the Court of Appeals to the certifying court. The Clerk of the Court of Appeals shall certify, under seal of the Court, that the opinion is in response to the question of law of this State submitted by the certifying court. HISTORY: (Amended Nov. 12, 2003, effective Jan. 1, 2004.) MARYLAND RULES TITLE 8. APPELLATE REVIEW IN THE COURT OF APPEALS AND COURT OF SPECIAL APPEALS CHAPTER 300. OBTAINING APPELLATE REVIEW IN COURT OF APPEALS

Md. Rule 8-306 (2012) Rule 8-306. Capital cases -- Review in Court of Appeals (a) Scope. This Rule applies to appellate proceedings in cases in which a sentence of death was imposed, including direct appeal, an application for leave to appeal from a judgment granting or denying relief in a post conviction proceeding brought to review a judgment imposing a sentence of death, and an application for leave to appeal from an order determining the competence or incompetence of an inmate upon whom a sentence of death was imposed. (b) Applicability of other rules. Except as otherwise expressly or by necessary implication provided in this Rule, the other rules of this Title apply to appeals and applications for leave to appeal under this Rule. In the event of a conflict between this Rule and another rule in this Title, this Rule shall prevail. (c) Automatic appeal from judgment. (1) Whenever a sentence of death is imposed, there shall be an automatic appeal to the Court of Appeals of both the determination of guilt and the sentence, whether or not the determination of guilt was based on a plea of guilty. (2) The clerk of the circuit court shall enter on the docket a notice of appeal on behalf of the defendant within 10 days after the later of (A) entry of the judgment, or (B) entry of a notice withdrawing a timely motion for new trial filed pursuant to Rule 4-331 (a) or an order denying the motion. The clerk shall promptly notify the Attorney General, the defendant, and counsel for the defendant of the entry of the notice of appeal. (3) Unless the parties have elected to proceed in accordance with Rule 8-413 (b), the clerk, upon docketing the notice of appeal, shall direct the court reporter to prepare a transcript of both the trial and sentencing proceedings in conformance with Rule 8-411 (a). Within 10 days after receipt of the transcript, the clerk shall transmit the record to the Clerk of the Court of Appeals. The statement of costs required by Rule 8-413 (c) shall separately state the cost applicable to the sentencing proceeding. The State shall pay those costs. (4) The Court of Appeals shall consider (A) those issues concerning the sentence required by Code, Criminal Law Article, 2-401 (d) and (B) all other issues properly before the Court on appeal and necessary to a decision in the case. (d) Transcript in lieu of record extract. In any proceeding under section (c) of this Rule, the parties, by agreement, may file with the Court 10 copies of a complete transcript of the proceedings under review instead of extracts from the transcript. (e) Other applications. Rule 8-204 applies to all applications for leave to appeal subject to this Rule, except that

(1) the application for leave to appeal to the Court of Appeals shall be made by filing the application with the Clerk of the Court of Appeals; (2) upon the filing of the application, the Clerk of the Court of Appeals shall notify the clerk of the trial court who shall transmit the record to the Court of Appeals within 60 days after the filing of the application unless a different time is fixed by order of the Court of Appeals on motion or on its own initiative; and (3) if the application for leave to appeal from a judgment granting or denying relief in a post conviction proceeding is granted, a transcript of the post conviction proceeding in the trial court shall be transmitted to the Court of Appeals not later than 60 days after the grant of leave to appeal unless a different time is fixed by order of the Court of Appeals on motion or on its own initiative. (f) Oral argument. Unless otherwise ordered by the Court of Appeals, oral argument in a direct appeal or pursuant to an order granting an application for leave to appeal and directing further proceedings shall be held within 150 days after transmittal of the record. HISTORY: (Amended Apr. 8, 1997, effective July 1, 1997; Oct. 31, 2002, effective Jan. 1, 2003; amended Sept. 10, 2009, effective Oct. 1, 2009.) MARYLAND RULES TITLE 8. APPELLATE REVIEW IN THE COURT OF APPEALS AND COURT OF SPECIAL APPEALS CHAPTER 400. PRELIMINARY PROCEDURES Md. Rule 8-401 (2012) Rule 8-401. Parties -- Joinder and substitution (a) Joinder not required. A petition for a writ of certiorari, an appeal, or an application for leave to appeal may be filed with or without the assent or joinder of coplaintiffs, codefendants, or other parties. (b) Substitution. The proper person may be substituted for a party on appeal in accordance with Rule 2-241. MARYLAND RULES TITLE 8. APPELLATE REVIEW IN THE COURT OF APPEALS AND COURT OF SPECIAL APPEALS CHAPTER 400. PRELIMINARY PROCEDURES Md. Rule 8-402 (2012) Rule 8-402. Appearance of counsel

(a) Continuance of appearance from lower court. The appearance of an attorney entered in a lower court shall continue in the Court of Special Appeals and the Court of Appeals unless (1) the attorney's appearance has been stricken in the lower court pursuant to Rule 2-132 or 4-214, (2) the attorney notifies the Clerk of the appellate court in writing not to enter the attorney's appearance in the appellate court and sends a copy of the notice to the clerk of the lower court and the client, or (3) the attorney's appearance has automatically terminated pursuant to section (g) of this Rule. (b) New appearance. An attorney newly appearing on appeal may enter an appearance by filing a written request (1) in the Court of Special Appeals if the record on appeal has already been filed in that Court, (2) in the Court of Appeals if a petition for a writ of certiorari has been filed or the Court has issued a writ on its own initiative, or (3) in the lower court in all other cases. (c) In certification cases. In a proceeding pursuant to Rule 8-305, the appearance of an attorney entered in the certifying court shall continue in the Court of Appeals if the attorney has been admitted to practice law in this State. An attorney newly appearing in the case may enter an appearance by filing a written request in the Court of Appeals at any time after the certification order is filed. Cross references. -- For special admission of an out-of-state attorney, see Bar Admission Rule 14. (d) Corporation. A corporation may enter an appearance only by an attorney, except as otherwise provided by rule or statute. (e) When entered by Clerk. The Clerk of the appellate court shall formally enter the appearance of the attorney (1) in the Court of Special Appeals when the record on appeal is filed, (2) in the Court of Appeals when a petition for a writ of certiorari is filed or, if the Court issues the writ on its own initiative, when the writ is issued, or (3) when properly requested pursuant to section (b) or (c). (f) Striking appearance. The appearance of an attorney may be stricken pursuant to Rule 2-132, except that a motion to withdraw an appearance must be in writing and may not be made in open court. (g) Automatic termination of appearance. The appearance of an attorney entered in the lower court is automatically terminated upon the entry of an appearance by the Public Defender or an attorney designated by the Public Defender. MARYLAND RULES TITLE 8. APPELLATE REVIEW IN THE COURT OF APPEALS AND COURT OF SPECIAL APPEALS CHAPTER 400. PRELIMINARY PROCEDURES Md. Rule 8-411 (2012) Rule 8-411. Transcript

(a) Ordering of transcript. Unless a copy of the transcript is already on file, the appellant shall order in writing from the court reporter a transcript containing: (1) a transcription of (A) all the testimony or (B) that part of the testimony that the parties agree, by written stipulation filed with the clerk of the lower court, is necessary for the appeal or (C) that part of the testimony ordered by the Court pursuant to Rule 8-206 (d) or directed by the lower court in an order; (2) a transcription of any proceeding relevant to the appeal that was recorded pursuant to Rule 16404 e.; and (3) if relevant to the appeal and in the absence of a written stipulation by all parties to the contents of the recording, a transcription of any audio or audiovisual recording or portion thereof offered or used at a hearing or trial. (b) Time for ordering. The appellant shall order the transcript within ten days or five days in child in need of assistance cases after: (1) the date of an order entered pursuant to Rule 8-206 (a) (1) that the appeal proceed without a prehearing conference, or an order entered pursuant to Rule 8-206 (d) following a prehearing conference, unless a different time is fixed by that order, in all civil actions specified in Rule 8-205 (a), or (2) the date the first notice of appeal is filed in all other actions. Cross references. -- Rule 8-207 (a). (c) Filing and service. The appellant shall (1) file a copy of the written order to the court reporter with the clerk of the lower court for inclusion in the record, (2) cause the original transcript to be filed promptly by the court reporter with the clerk of the lower court for inclusion in the record, and (3) promptly serve a copy on the appellee. HISTORY: (Amended June 5, 1996, effective Jan. 1, 1997; Dec. 16, 1999, effective Jan. 1, 2000; Oct. 31, 2002, effective Jan. 1, 2003; amended Nov. 8, 2005, effective Jan. 1, 2006; amended Sept. 10, 2009, effective Oct. 1, 2009.) MARYLAND RULES TITLE 8. APPELLATE REVIEW IN THE COURT OF APPEALS AND COURT OF SPECIAL APPEALS CHAPTER 400. PRELIMINARY PROCEDURES Md. Rule 8-412 (2012) Rule 8-412. Record -- Time for transmitting

(a) To the Court of Special Appeals. Unless a different time is fixed by order entered pursuant to section (d) of this Rule, the clerk of the lower court shall transmit the record to the Court of Special Appeals within sixty days or thirty days in child in need of assistance cases after: (1) the date of an order entered pursuant to Rule 8-206 (a) (1) that the appeal proceed without a prehearing conference, or an order entered pursuant to Rule 8-206 (d) following a prehearing conference, unless a different time is fixed by that order, in all civil actions specified in Rule 8-205 (a); or (2) the date the first notice of appeal is filed, in all other actions. Cross references. -- Rule 8-207 (a). (b) To the Court of Appeals. Unless a different time is fixed by order entered pursuant to section (d) of this Rule, the clerk of the court having possession of the record shall transmit it to the Court of Appeals within 15 days after entry of a writ of certiorari directed to the Court of Special Appeals, or within sixty days after entry of a writ of certiorari directed to a lower court other than the Court of Special Appeals. (c) When record is transmitted. For purposes of this Rule the record is transmitted when it is delivered to the Clerk of the appellate court or when it is sent by certified mail by the clerk of the lower court, addressed to the Clerk of the appellate court. (d) Shortening or extending the time. On motion or on its own initiative, the appellate court having jurisdiction of the appeal may shorten or extend the time for transmittal of the record. If the motion is filed after the prescribed time for transmitting the record has expired, the Court will not extend the time unless the Court finds that the failure to transmit the record was caused by the act or omission of a judge, a clerk of court, the court reporter, or the appellee. HISTORY: (Amended Dec. 16, 1999, effective Jan. 1, 2000; amended Nov. 8, 2005, effective Jan. 1, 2006; amended Sept. 10, 2009, effective Oct. 1, 2009.)

MARYLAND RULES TITLE 8. APPELLATE REVIEW IN THE COURT OF APPEALS AND COURT OF SPECIAL APPEALS CHAPTER 400. PRELIMINARY PROCEDURES Md. Rule 8-413 (2012) Rule 8-413. Record -- Contents and form (a) Contents of record. The record on appeal shall include (1) a certified copy of the docket entries in the lower court, (2) the transcript required by Rule 8-411, and (3) all original papers filed

in the action in the lower court except a supersedeas bond or alternative security and those other items that the parties stipulate may be omitted. The clerk of the lower court shall append a certificate clearly identifying the papers included in the record. The lower court may order that the original papers in the action be kept in the lower court pending the appeal, in which case the clerk of the lower court shall transmit only a certified copy of the original papers. The lower court, by order, shall resolve any dispute whether the record accurately discloses what occurred in the lower court, and shall cause the record to conform to its decision. When the Court of Appeals reviews an action pending in or decided by the Court of Special Appeals, the record shall also include the record of any proceedings in the Court of Special Appeals. (b) Statement of case in lieu of entire record. If the parties agree that the questions presented by an appeal can be determined without an examination of all the pleadings and evidence, they may sign and, upon approval by the lower court, file a statement showing how the questions arose and were decided, and setting forth only those facts or allegations that are essential to a decision of the questions. The parties are strongly encouraged to agree to such a statement. The statement, the judgment from which the appeal is taken, and any opinion of the lower court shall constitute the record on appeal. The appellate court may, however, direct the lower court clerk to transmit all or part of the balance of the record in the lower court as a supplement to the record on appeal. The appellant shall reproduce the statement in the appellant's brief, either in lieu of the statement of facts or as an appendix to the brief. (c) Duties of lower court clerk. The clerk shall prepare and attach to the beginning of the record a cover page, a complete table of contents, and the certified copy of the docket entries in the lower court. The original papers shall be fastened together in one or more binders and numbered consecutively, except that the pages of a transcript of testimony need not be renumbered. The clerk shall also prepare and transmit with the record a statement of the cost of preparing and certifying the record, the costs taxed against each party prior to the transmission of the record, and the cost of all transcripts and of copies, if any, of the transcripts for each of the parties. The clerk shall serve a copy of the docket entries on each party. HISTORY: (Amended Mar. 30, 1993, effective July 1, 1993; amended Sept. 10, 2009, effective Oct. 1, 2009.) MARYLAND RULES TITLE 8. APPELLATE REVIEW IN THE COURT OF APPEALS AND COURT OF SPECIAL APPEALS CHAPTER 400. PRELIMINARY PROCEDURES Md. Rule 8-414 (2012) Rule 8-414. Correction of record (a) Authority of appellate court. On motion or on its own initiative, the appellate court may order that an error or omission in the record be corrected. (b) Contents of motion. The motion shall specify the parts of the record or proceedings that are alleged to be omitted or erroneous. A motion that is based on facts not contained in the record or

papers on file in the appellate court and not admitted by all the other parties shall be supported by affidavit. The motion shall be accompanied by a proposed order which shall specify the requested corrections or additions. (c) Order to correct record. The order of the appellate court to correct the record constitutes the correction. The Court may also direct the clerk to take any additional action to implement the correction. An order to supplement the record shall be sent to the clerk of the lower court who promptly shall transmit the additional parts of the record specified in the order. (d) Effect on oral argument. Oral argument generally will not be postponed because of an error or omission in the record. If a permitted correction or addition cannot be made to the record in time for the scheduled oral argument, the appellate court may (1) postpone the argument or (2) direct the argument to proceed as if the correction or addition had been made and permit it to be filed after argument. MARYLAND RULES TITLE 8. APPELLATE REVIEW IN THE COURT OF APPEALS AND COURT OF SPECIAL APPEALS CHAPTER 400. PRELIMINARY PROCEDURES Md. Rule 8-415 (2012) Rule 8-415. Procedures applicable when lower court record is made by videotape recording (a) Scope. This Rule applies to an appeal from a judgment in any proceeding recorded by means of videotape recording pursuant to Rule 16-405. (b) Transcript. (1) Generally. Unless the appellate court upon motion or on its own initiative orders otherwise, a transcript shall be ordered and prepared as in other appeals. The transcript shall be ordered from the person designated by the County Administrative Judge to arrange for the transcription of videotape recordings. If the appellate court orders that no transcript or less than a full transcript be filed, a party may obtain a transcript at the party's expense for use in preparing the appeal. (2) Certification. The person preparing the transcript need not certify attendance at the proceeding, but shall certify that the transcript represents a complete and accurate rendition of the videotape. (c) Record on appeal. Unless the appellate court orders otherwise, the videotape shall not be transmitted to the appellate court as part of the record. (d) When transcript not prepared. If the appellate court has ordered that a transcript not be prepared, the parties shall, subject to Rule 8-501, include in a record extract a designation of those parts of the videotape material to the questions presented. Upon receipt of the record extract, the appellate court may order a party to file as a supplement to the record extract a transcription of any part of the videotape directed by the court. The appellant's brief shall be filed within 60 days after the filing of the record.

HISTORY: (Added Nov. 22, 1989, effective Jan. 1, 1990; amended June 5, 1996, effective Jan. 1, 1997; Apr. 8, 1997, effective July 1, 1997.) MARYLAND RULES TITLE 8. APPELLATE REVIEW IN THE COURT OF APPEALS AND COURT OF SPECIAL APPEALS CHAPTER 400. PRELIMINARY PROCEDURES Md. Rule 8-421 (2012) Rule 8-421. Docketing of appeals (a) Generally. The Clerk need not docket an appeal until the record in the action has been received in the Clerk's office. In the Court of Special Appeals the Clerk need not docket the appeal until the filing fee provided by Rule 8-201 (b) has been received by the Clerk or waived. When the record is received on or after March first in any term, the Clerk shall place the appeal on the docket for the next term. (b) Separate appeals on same record. All appeals on the same record, whether in the same action or in two or more actions consolidated in the lower court, shall be docketed as one action on appeal. HISTORY: (Amended September 8, 2011, effective January 1, 2012.) MARYLAND RULES TITLE 8. APPELLATE REVIEW IN THE COURT OF APPEALS AND COURT OF SPECIAL APPEALS CHAPTER 400. PRELIMINARY PROCEDURES Md. Rule 8-422 (2012) Rule 8-422. Stay of enforcement of judgment (a) Civil proceedings. (1) Generally. Stay of an order granting an injunction is governed by Rules 2-632 and 8-425. Except as otherwise provided in the Code or Rule 2-632, an appellant may stay the enforcement of any other civil judgment from which an appeal is taken by filing with the clerk of the lower court a supersedeas bond under Rule 8-423, alternative security as prescribed by Rule 1-402 (e), or other security as provided in Rule 8-424. The bond or other security may be filed at any time before satisfaction of the judgment, but enforcement shall be stayed only from the time the security is filed. Cross references. -- For provisions permitting a stay without the filing of a bond, see Code, Family Law Article, 5-518 and Courts Article, 12-701 (a) (1). For provisions limiting the extent of the stay upon the filing of a bond, see Code, Article 2B, 16-101; Courts Article, 12-701 (a) (2); Insurance Article 2-215 (j) (2); and Tax-Property Article, 14-514. For general provisions

governing bonds filed in civil actions, see Title 1, Chapter 400 of these Rules. (2) When security filed after partial execution. If a supersedeas bond or other security is filed after partial execution on the judgment, the clerk of the lower court shall issue a writ directing the sheriff who has possession of any property attached to stay further proceedings and surrender the property upon payment of all accrued costs of the execution. (3) Death of appellant. A bond or other security filed shall not be voided by the death of the appellant pending the appeal. (b) Criminal proceedings. Stay of enforcement of a judgment in a criminal proceeding is governed by Rule 4-349. Cross references. -- For provisions permitting a stay without the filing of a bond, see Code, Criminal Procedure Article, 7-109. (c) Review of lower court action by the Court of Special Appeals. After an appeal has been filed, on motion of a party who has first sought relief in the lower court, the Court of Special Appeals, with or without a hearing, may (1) deny the motion; (2) increase, decrease, or fix the amount of the supersedeas or criminal appeal bond; (3) enter an order as to the surety or security on the bond, other security, or the conditions of the stay; or (4) enter an order directing further proceedings in the lower court. (d) Continuation in Court of Appeals of previously filed security. A bond or other security previously filed to stay enforcement of a judgment of the lower court shall continue in effect pending review of the case by the Court of Appeals. On motion, the Court of Appeals, with or without a hearing, may take such action as may be appropriate, including increasing or decreasing the amount of the bond, any security on the bond, or any other security. HISTORY: (Amended May 9, 2000, effective July 1, 2000; Jan. 8, 2002, effective Feb. 1, 2002; Oct. 31, 2002, effective Jan. 1, 2003.) MARYLAND RULES TITLE 8. APPELLATE REVIEW IN THE COURT OF APPEALS AND COURT OF SPECIAL APPEALS CHAPTER 400. PRELIMINARY PROCEDURES Md. Rule 8-423 (2012) Rule 8-423. Supersedeas bond (a) Condition of bond. Subject to section (b) of this Rule, a supersedeas bond shall be conditioned upon the satisfaction in full of (1) the judgment from which the appeal is taken, together with costs, interest, and damages for delay, if for any reason the appeal is dismissed or if the judgment is affirmed, or (2) any modified judgment and costs, interest, and damages entered or awarded on appeal.

(b) Amount of bond. Unless the parties otherwise agree, the amount of the bond shall be as follows: (1) Money judgment not otherwise secured. When the judgment is for the recovery of money not otherwise secured, the amount of the bond shall be the sum that will cover the whole amount of the judgment remaining unsatisfied plus interest and costs, except that the court, after taking into consideration all relevant factors, may reduce the amount of the bond upon making specific findings justifying the amount. Cross references. -- Rule 1-402 (d); O'Donnell v. McGann, 310 Md. 342 (1987). (2) Disposition of property. When the judgment determines the disposition of the property in controversy (as in real actions, replevin, and actions to foreclose mortgages,) or when the property, or the proceeds of its sale, is in the custody of the lower court or the sheriff, the amount of the bond shall be the sum that will secure the amount recovered for the use and detention of the property, interest, costs, and damages for delay. (3) Other cases. In any other case, the amount of the bond shall be fixed by the lower court. HISTORY: (Amended May 8, 2007, effective July 1, 2007.) MARYLAND RULES TITLE 8. APPELLATE REVIEW IN THE COURT OF APPEALS AND COURT OF SPECIAL APPEALS CHAPTER 400. PRELIMINARY PROCEDURES Md. Rule 8-424 (2012) Rule 8-424. Money judgment covered by insurance When an appeal is taken from a judgment entered against an insured in an action defended by an insurer under a policy of insurance, all proceedings to enforce the judgment pending the appeal shall be stayed to the extent of the policy coverage, if the insurer files with the clerk of the lower court an affidavit of one of its officers or authorized agents describing the policy and the amount of coverage, together with a written undertaking that if the judgment is affirmed or modified or the appeal is dismissed, the insurer will pay the judgment, or that part affirmed, to the extent of the limit of liability in the policy plus interest and costs. The insurer shall serve a copy of the affidavit and undertaking on the judgment creditor. The insurer shall also give written notice to the insured that (a) the enforcement of the judgment to the extent of the limit of liability is stayed with respect to the insured and (b) if the limit of liability is less than the amount of the judgment, the insured may obtain a stay of enforcement of the balance of the judgment by filing a supersedeas bond in an amount set pursuant to Rule 8-423, not exceeding the balance. MARYLAND RULES TITLE 8. APPELLATE REVIEW IN THE COURT OF APPEALS AND COURT OF SPECIAL

APPEALS CHAPTER 400. PRELIMINARY PROCEDURES Md. Rule 8-425 (2012) Rule 8-425. Injunction pending appeal (a) Generally. During the pendency of an appeal, the Court of Special Appeals or the Court of Appeals may issue (1) an order staying, suspending, modifying, or restoring an order entered by the lower court or (2) an injunction, even if injunctive relief was sought and denied in the lower court. (b) Motion in circuit court. Unless it is not practicable to do so, a party shall file a motion in the circuit court requesting relief pursuant to Rule 2-632 before requesting relief from the appellate court under this Rule. (c) Motion in appellate court. If a motion under Rule 2-632 is not practicable or such a motion was denied by the circuit court or not ruled upon within a reasonable time, the party may file a motion under this Rule in the Court of Special Appeals, or in the Court of Appeals when it has assumed jurisdiction. The motion shall include the reason why it is impracticable to seek the relief in the circuit court or, if a motion seeking the relief was considered by the circuit court, any reason given by that court for denying or not affording the relief. (d) Affidavit. A motion or a response filed in the appellate court that is based on facts not contained in the papers or record on file in that Court shall be supported by affidavit or accompanied by the papers or the part of the record on which it is based. (e) Decision -- Court of Special Appeals. A motion filed in the Court of Special Appeals ordinarily will be decided by a panel of that Court. In exceptional cases, when that is impracticable because of time constraints, the Chief Judge, or in the absence of the Chief Judge, any other judge of that Court may rule on the motion. The decision of an individual judge shall be reviewed promptly by a panel of the Court of Special Appeals. An order of the Court of Special Appeals granting or denying the motion or the failure of that Court to rule on the motion within a reasonable time may be reviewed by the Court of Appeals on petition of a party. (f) Decision -- Court of Appeals. A motion filed in the Court of Appeals pursuant to section (c) of this Rule and a petition for review filed pursuant to section (e) of this Rule ordinarily will be decided by the entire Court. In exceptional cases, when that is impracticable because of time constraints, the Chief Judge, or in the absence of the Chief Judge, any other judge of that Court may rule on the motion or petition. The decision of an individual judge shall be reviewed promptly by the Court. (g) Factors relevant to granting of injunctive relief. In determining whether injunctive relief should be granted under this Rule, the Court shall consider the same factors that are relevant to the granting of injunctive relief by a circuit court. The Court may condition the granting of relief upon such terms as to bond or other security as it considers proper.

MARYLAND RULES TITLE 8. APPELLATE REVIEW IN THE COURT OF APPEALS AND COURT OF SPECIAL APPEALS CHAPTER 400. PRELIMINARY PROCEDURES Md. Rule 8-431 (2012) Rule 8-431. Motions (a) Generally. An application to the Court for an order shall be by motion. The motion shall state briefly and clearly the facts upon which it is based, and if other parties to the appeal have agreed not to oppose the motion, it shall so state. The motion shall be accompanied by a proposed order. (b) Response. Except as provided in Rule 8-605 (a), any party may file a response to the motion. Unless a different time is fixed by order of the Court, the response shall be filed within five days after service of the motion. (c) Affidavit. A motion or a response to a motion that is based on facts not contained in the record or papers on file in the proceeding shall be supported by affidavit and accompanied by any papers on which it is based. (d) Statement of grounds and authorities. A motion and any response shall state with particularity the grounds and the authorities in support of each ground. (e) Filing; copies. The original of a motion and any response shall be filed with the Clerk. It shall be accompanied by (1) seven copies when filed in the Court of Appeals and (2) four copies when filed in the Court of Special Appeals, except as otherwise provided in these rules. (f) Emergency order. In an emergency, the Court may rule on a party's motion before expiration of the time for a response. The party requesting emergency relief shall file the certification required by Rule 1-351. (g) Hearing. Except as otherwise provided in these rules, a motion may be acted on without a hearing or may be set for hearing at the time and place and on the notice the Court prescribes. HISTORY: (Amended June 21, 1995, effective Sept. 1, 1995.) MARYLAND RULES TITLE 8. APPELLATE REVIEW IN THE COURT OF APPEALS AND COURT OF SPECIAL APPEALS CHAPTER 400. PRELIMINARY PROCEDURES Md. Rule 8-432 (2012) Rule 8-432. Entry of order

(a) By Court. Unless concurrence of two or more judges is required, an order of the Court may be entered by the Chief Judge, or in the absence of the Chief Judge, by any other judge of the Court. (b) By Clerk -- Extensions of time in Court of Special Appeals. When authorized by an administrative order of the Court of Special Appeals, the Clerk of that Court may enter an order on behalf of the Court granting a motion to extend the time for filing a record or brief if (1) the motion is in proper form, (2) a timely response in opposition to the motion has not been filed or all parties have agreed not to oppose the granting of the motion, and (3) granting the motion will not require a rescheduling of oral argument. MARYLAND RULES TITLE 8. APPELLATE REVIEW IN THE COURT OF APPEALS AND COURT OF SPECIAL APPEALS CHAPTER 500. RECORD EXTRACT, BRIEFS, AND ARGUMENT Md. Rule 8-501 (2012) Rule 8-501. Record extract (a) Duty of appellant. Unless otherwise ordered by the appellate court or provided by this Rule, the appellant shall prepare and file a record extract in every case in the Court of Appeals, subject to section (k) of this Rule, and in every civil case in the Court of Special Appeals. The record extract shall be included as an appendix to appellant's brief, or filed as a separate volume with the brief in the number of copies required by Rule 8-502 (c). (b) Exceptions. Unless otherwise ordered by the court, a record extract shall not be filed (1) when an agreed statement of the case is filed pursuant to Rule 8-207 or 8-413 (b) or (2) in an appeal in the Court of Special Appeals from a criminal case or from child in need of assistance proceedings, extradition proceedings, inmate grievance proceedings, juvenile delinquency proceedings, permanency planning proceedings, or termination of parental rights proceedings. Cross references. -- See Rule 8-504 (b) for the contents of a required appendix to appellant's brief in criminal cases in the Court of Special Appeals. (c) Contents. The record extract shall contain all parts of the record that are reasonably necessary for the determination of the questions presented by the appeal and any cross-appeal. It shall include the circuit court docket entries, the judgment appealed from, and such other parts of the record as are designated by the parties pursuant to section (d) of this Rule. In agreeing on or designating parts of the record for inclusion in the record extract, the parties shall refrain from unnecessary designation. The record extract shall not include those parts of the record that support facts set

forth in an agreed statement of facts or stipulation made pursuant to section (g) of this Rule nor any part of a memorandum of law in the trial court, unless it has independent relevance. The fact that a part of the record is not included in the record extract or an appendix to a brief shall not preclude an appellate court from considering it. (d) Designation by parties. Whenever possible, the parties shall agree on the parts of the record to be included in the record extract. If the parties are unable to agree: (1) Within 15 days after the filing of the record in the appellate court, the appellant shall serve on the appellee a statement of those parts of the record that the appellant proposes to include in the record extract. (2) Within ten days thereafter, the appellee shall serve on the appellant a statement of any additional parts of the record that the appellee desires to be included in the record extract. (3) Within five days thereafter, the appellant shall serve on the appellee a statement of any additional parts of the record that the appellant proposes to include in view of the parts of the record designated by the appellee. (4) If the appellant determines that a part of the record designated by the appellee is not material to the questions presented, the appellant may demand from appellee advance payment of the estimated cost of reproducing that part. Unless the appellee pays for or secures that cost within five days after receiving the appellant's demand, the appellant may omit that part from the record extract but shall state in the record extract the reason for the omission. (e) Appendix in appellee's brief. If the record extract does not contain a part of the record that the appellee believes is material, the appellee may reproduce that part of the record as an appendix to the appellee's brief together with a statement of the reasons for the additional part. The cost of producing the appendix may be withheld or divided under section (b) of Rule 8-607. (f) Appendix in appellant's reply brief. The appellant may include as an appendix to a reply brief any additional part of the record that the appellant believes is material in view of the appellee's brief or appendix. The appendix to the appellant's reply brief shall be prefaced by a statement of the reasons for the additional part. The cost of producing the appendix may be withheld or divided under section (b) of Rule 8-607. (g) Agreed statement of facts or stipulation. The parties may agree on a statement of undisputed facts that may be included in a record extract or, if the parties agree, as all or part of the statement of facts in the appellant's brief. As to disputed facts, the parties may include in the record extract, in place of any testimony or exhibit, a stipulation that summarizes the testimony or exhibit. The stipulation may state all or part of the testimony in narrative form. Any statement of facts or stipulation shall contain references to the page of the record and transcript. The parties are strongly encouraged to agree to such a statement of facts or stipulation. (h) Table of contents. If the record extract is produced as an appendix to a brief, the table of contents required under section (a) of Rule 8-504 shall include the contents of the appendix. If the

record extract is produced as a separate volume, it shall be prefaced by its own table of contents. The table of contents shall (1) reference the first page of the initial examination, crossexamination, and redirect examination of each witness and of each pleading, exhibit, or other paper reproduced and (2) identify each document by a descriptive phrase including any exhibit number. (i) Style and format. The numbering of pages, binding, method of referencing, and covers of the record extract, whether an appendix to a brief or a separate volume, shall conform to sections (a) through (c) of Rule 8-503. Except as otherwise provided in this section and in section (g) of this Rule, the record extract shall reproduce verbatim the parts of the record that are included. Asterisks or other appropriate means shall be used to indicate omissions in the testimony or in exhibits. Reference shall be made to the pages of the record and transcript. The date of filing of each paper reproduced in the extract shall be stated at the head of the copy. If the transcript of testimony is reproduced, the pages shall be consecutively renumbered. Documents and excerpts of a transcript of testimony presented to the trial court more than once shall be reproduced in full only once in the record extract and may be referred to in whole or in part elsewhere in the record extract. Any photograph, document, or other paper filed as an exhibit and included in the record extract shall be included in all copies of the record extract and may be either folded to the appropriate size or photographically or mechanically reduced, so long as its legibility is not impaired. (j) Correction of inadvertent errors. Material inadvertently omitted from the record extract may be included in an appendix to a brief, including a reply brief. Other inadvertent omissions or misstatements in the record extract or in any appendix may be corrected by direction of the appellate court on motion or on the Court's own initiative. (k) Record extract in Court of Appeals on review of case from Court of Special Appeals. When a writ of certiorari is issued to review a case pending in or decided by the Court of Special Appeals, unless the Court of Appeals orders otherwise, the appellant shall file in that Court 20 copies of any record extract that was filed in the Court of Special Appeals within the time the appellant's brief is due. If a record extract was not filed in the Court of Special Appeals or if the Court of Appeals orders that a new record extract be filed, the appellant shall prepare and file a record extract pursuant to this Rule. (l) Deferred record extract; special provisions regarding filing of briefs. (1) If the parties so agree in a written stipulation filed with the Clerk or if the appellate court so orders on motion or on its own initiative, the preparation and filing of the record extract may be deferred in accordance with this section. The provisions of section (d) of this Rule apply to a deferred record extract, except that the designations referred to therein shall be made by each party at the time that party serves the page-proof copies of its brief. (2) If a deferred record extract authorized by this section is employed, the appellant, within 30 days after the filing of the record, shall file four page-proof copies of the brief if the case is in the Court of Special Appeals, or one copy if the case is in the Court of Appeals, and shall serve two copies on the appellee. Within 30 days after the filing of the page-proof copies of the appellant's brief, the appellee shall file one page-proof copy of the brief and shall serve two copies on the appellant. The page-proof copies shall contain appropriate references to the pages of the parts of

the record involved. (3) Within 25 days after the filing of the page-proof copy of the appellee's brief, the appellant shall file the deferred record extract, and the appellant's final briefs. Within five days after the filing of the deferred record extract, the appellee shall file its final briefs. (4) The appellant may file a reply brief in final form within 20 days after the filing of the appellee's final brief, but not later than ten days before the date of scheduled argument. (5) In a cross-appeal: (A) within 30 days after the filing of the page-proof copies of the appellee/cross-appellant's brief, the appellant/cross-appellee shall file one page-proof copy of a brief in response to the issues and argument raised on the cross-appeal and shall include any reply to the appellee's response that the appellant wishes to file; (B) within 25 days after the filing of the cross-appellee/appellant's reply brief, the appellant shall file the deferred record extract, the appellant's final briefs, and the final cross-appellee's/appellant's reply briefs; (C) within five days after the filing of the deferred record extract, the appellee shall file its final appellee/cross-appellant's briefs; and (D) the appellee/cross-appellant may file in final form a reply to the cross-appellee's response within 20 days after the filing of the cross-appellee's final brief, but not later than ten days before the date of scheduled argument. (6) The deferred record extract and final briefs shall be filed in the number of copies required by Rules 8-502 (c) and 8-501 (a). The briefs shall contain appropriate references to the pages of the record extract. The deferred record extract shall contain only the items required by Rule 8-501 (c), those parts of the record actually referred to in the briefs, and any material needed to put those references in context. No changes may be made in the briefs as initially served and filed except (A) to insert the references to the pages of the record extract, (B) to correct typographical errors, and (C) to take account of a change in the law occurring since the filing of the page-proof briefs. (7) The time for filing page-proof copies of a brief or final briefs may be extended by stipulation of counsel filed with the clerk so long as the final briefs set out in subsections (3) and (5) of this section are filed at least 30 days, and any reply brief set out in subsections (4) and (5) of this section is filed at least ten days, before the scheduled argument. (m) Sanctions for noncompliance. Ordinarily, an appeal will not be dismissed for failure to file a record extract in compliance with this Rule. If a record extract is not filed within the time prescribed by Rule 8-502, or on its face fails to comply with this Rule, the appellate court may direct the filing of a proper record extract within a specified time and, subject to Rule 8-607, may require a non-complying attorney or unrepresented party to advance all or part of the cost of printing the extract. The appellate court may dismiss the appeal for non-compliance with an order

entered under this section. HISTORY: (Amended Nov. 23, 1988, effective Jan. 1, 1989; Mar. 30, 1993, effective July 1, 1993; Dec. 10, 1996, effective July 1, 1997; Mar. 5, 2001, effective July 1, 2001; Nov. 12, 2003, effective Jan. 1, 2004; April 5, 2005, effective July 1, 2005; amended Sept. 10, 2009, effective Oct. 1, 2009.) MARYLAND RULES TITLE 8. APPELLATE REVIEW IN THE COURT OF APPEALS AND COURT OF SPECIAL APPEALS CHAPTER 500. RECORD EXTRACT, BRIEFS, AND ARGUMENT Md. Rule 8-502 (2012) Rule 8-502. Filing of briefs (a) Duty to file; time. Unless otherwise ordered by the appellate court: (1) Appellant's brief. Within 40 days after the filing of the record, an appellant other than a crossappellant shall file a brief conforming to the requirements of Rule 8-503. (2) Appellee's brief. Within 30 days after the filing of the appellant's brief, the appellee shall file a brief conforming to the requirements of Rule 8-503. (3) Appellant's reply brief. The appellant may file a reply brief within 20 days after the filing of the appellee's brief, but in any event not later than ten days before the date of scheduled argument. (4) Cross-appellant's brief. An appellee who is also a cross-appellant shall include in the brief filed pursuant to subsection (2) of this section the issues and arguments on the cross-appeal as well as the response to the brief of the appellant, and shall not file a separate cross-appellant's brief. (5) Cross-appellee's brief. Within 30 days after the filing of that brief, the appellant/cross-appellee shall file a brief in response to the issues and argument raised on the cross-appeal and shall include any reply to the appellee's response that the appellant wishes to file. (6) Cross-appellant's reply brief. The appellee/cross-appellant may file a reply to the crossappellee's response within 20 days after the filing of the cross-appellee's brief, but in any event not later than ten days before the date of scheduled argument. (7) Multiple appellants or appellees. In an appeal involving more than one appellant or appellee, including actions consolidated for purposes of the appeal, any number of appellants or appellees may join in a single brief. (8) Court of special appeals review of discharge for unconstitutionality of law. No briefs need be filed in a review by the Court of Special Appeals under Code, Courts Article, 3-706. (b) Extension of time. The time for filing a brief may be extended by (1) stipulation of counsel

filed with the clerk so long as the appellant's brief and the appellee's brief are filed at least 30 days, and any reply brief is filed at least ten days, before the scheduled argument, or (2) order of the appellate court entered on its own initiative or on motion filed pursuant to Rule 1-204. (c) Filing and service. In an appeal to the Court of Special Appeals, 15 copies of each brief and 10 copies of each record extract shall be filed, unless otherwise ordered by the court. Incarcerated or institutionalized parties who are self-represented shall file nine copies of each brief and nine copies of each record extract. In the Court of Appeals, 20 copies of each brief and record extract shall be filed, unless otherwise ordered by the court. Two copies of each brief and record extract shall be served on each party pursuant to Rule 1-321. (d) Default. If an appellant fails to file a brief within the time prescribed by this Rule, the appeal may be dismissed pursuant to Rule 8-602 (a) (7). An appellee who fails to file a brief within the time prescribed by this Rule may not present argument except with permission of the Court. HISTORY: (Amended June 5, 1996, effective January 1, 1997; amended March 5, 2001, effective July 1, 2001; amended April 5, 2005, effective July 1, 2005; amended September 10, 2009, effective Oct. 1, 2009; amended September 8, 2011, effective January 1, 2012.) MARYLAND RULES TITLE 8. APPELLATE REVIEW IN THE COURT OF APPEALS AND COURT OF SPECIAL APPEALS CHAPTER 500. RECORD EXTRACT, BRIEFS, AND ARGUMENT Md. Rule 8-503 (2012) Rule 8-503. Style and form of briefs (a) Numbering of pages; binding. The pages of a brief shall be consecutively numbered. The brief shall be securely bound along the left margin. (b) References. References to the record extract shall be indicated as (E ........), to any appendix to appellant's brief as (App ........), to an appendix to appellee's brief as (Apx ........), and to an appendix to a reply brief as (Rep. App ........). If the case falls within an exception listed in Rule 8-501 (b), references to the transcript of testimony contained in the record shall be indicated as (T ........) and other references to the record shall be indicated as (R ........). (c) Covers. A brief shall have a back and cover of the following color: (1) In the Court of Special Appeals: (A) appellant's brief -- yellow; (B) appellee's brief -- green;

(C) reply brief -- light red; (D) amicus curiae brief -- gray; (E) briefs of incarcerated or institutionalized parties who are self-represented -- white. (2) In the Court of Appeals: (A) appellant's brief -- white; (B) appellee's brief -- blue; (C) reply brief -- tan; (D) amicus curiae brief -- gray. The cover page shall contain the name of the appellate court, the caption of the case on appeal, and the case number on appeal, as well as the name, address, telephone number, and e-mail address, if available, of at least one attorney for a party represented by an attorney or of the party if not represented by an attorney. If the appeal is from a decision of a trial court, the cover page shall also name the trial court and each judge of that court whose ruling is at issue in the appeal. The name typed or printed on the cover constitutes a signature for purposes of Rule 1-311. (d) Length. Except as otherwise provided in section (e) of this Rule or with permission of the Court, a brief of the appellant and appellee shall not exceed 35 pages in the Court of Special Appeals or 50 pages in the Court of Appeals. This limitation does not apply to (1) the table of contents and citations required by Rule 8-504 (a) (1); (2) the citation and text required by Rule 8504 (a) (7); and a motion to dismiss and argument supporting or opposing the motion. Except with permission of the Court, any portion of a brief pertaining to a motion to dismiss shall not exceed an additional ten pages in the Court of Special Appeals or 25 pages in the Court of Appeals. Any reply brief filed by the appellant shall not exceed 15 pages in the Court of Special Appeals or 25 pages in the Court of Appeals. (e) Briefs of cross-appellant and cross-appellee. In cases involving cross-appeals, the brief filed by the appellee/cross-appellant shall have a back and cover the color of an appellee's brief and shall not exceed 50 pages. The responsive brief filed by the appellant/cross-appellee shall have a back and cover the color of a reply brief and shall not exceed (1) 50 pages in the Court of Appeals or (2) in the Court of Special Appeals (A) 35 pages if no reply to the appellee's answer is included or (B) 50 pages if a reply is included. (f) Incorporation by reference. In a case involving more than one appellant or appellee, any appellant or appellee may adopt by reference any part of the brief of another. (g) Effect of noncompliance. For noncompliance with this Rule, the appellate court may dismiss the appeal or make any other appropriate order with respect to the case, including an order that an improperly prepared brief be reproduced at the expense of the attorney for the party for whom the

brief was filed. HISTORY: (Amended December 16, 1999, effective January 1, 2000; amended November 12, 2003, effective January 1, 2004; amended September 10, 2009, effective October 1, 2009; amended September 8, 2011, effective January 1, 2012.) MARYLAND RULES TITLE 8. APPELLATE REVIEW IN THE COURT OF APPEALS AND COURT OF SPECIAL APPEALS CHAPTER 500. RECORD EXTRACT, BRIEFS, AND ARGUMENT Md. Rule 8-504 (2012) Rule 8-504. Contents of brief (a) Contents. A brief shall comply with the requirements of Rule 8-112 and include the following items in the order listed: (1) A table of contents and a table of citations of cases, constitutional provisions, statutes, ordinances, rules, and regulations, with cases alphabetically arranged. When a reported Maryland case is cited, the citation shall include a reference to the official Report. Cross references. -- Citation of unreported opinions is governed by Rule 1-104. (2) A brief statement of the case, indicating the nature of the case, the course of the proceedings, and the disposition in the lower court, except that the appellee's brief shall not contain a statement of the case unless the appellee disagrees with the statement in the appellant's brief. (3) A statement of the questions presented, separately numbered, indicating the legal propositions involved and the questions of fact at issue expressed in the terms and circumstances of the case without unnecessary detail. (4) A clear concise statement of the facts material to a determination of the questions presented, except that the appellee's brief shall contain a statement of only those additional facts necessary to correct or amplify the statement in the appellant's brief. Reference shall be made to the pages of the record extract supporting the assertions. If pursuant to these rules or by leave of court a record extract is not filed, reference shall be made to the pages of the record or to the transcript of testimony as contained in the record. Cross references. -- Rule 8-111 (b). (5) A concise statement of the applicable standard of review for each issue, which may appear in the discussion of the issue or under a separate heading placed before the argument. (6) Argument in support of the party's position on each issue. (7) A short conclusion stating the precise relief sought.

(8) The citation and verbatim text of all pertinent constitutional provisions, statutes, ordinances, rules, and regulations except that the appellee's brief shall contain only those not included in the appellant's brief. (9) If the brief is prepared with proportionally spaced type, the font used and the type size in points shall be stated on the last page. Cross references. -- For requirements concerning the form of a brief, see Rule 8-112. (b) Appendix. Unless the material is included in the record extract pursuant to Rule 8-501, the appellant shall reproduce, as an appendix to the brief, the pertinent part of every ruling, opinion, or jury instruction of each lower court that deals with points raised by the appellant on appeal. If the appellee believes that the part reproduced by the appellant is inadequate, the appellee shall reproduce, as an appendix to the appellee's brief, any additional part of the instructions or opinion believed necessary by the appellee. Committee note. -- Rule 8-501 (j) allows a party to include in an appendix to a brief any material that inadvertently was omitted from the record extract. (c) Effect of noncompliance. For noncompliance with this Rule, the appellate court may dismiss the appeal or make any other appropriate order with respect to the case, including an order that an improperly prepared brief be reproduced at the expense of the attorney for the party for whom the brief was filed. HISTORY: (Amended December 10, 1996, effective July 1, 1997; December 16, 1999, effective January 1, 2000; March 5, 2001, effective July 1, 2001; November 12, 2003, effective January 1, 2004; amended September 10, 2009, effective October 1, 2009; amended September 8, 2011, effective January 1, 2012.) MARYLAND RULES TITLE 8. APPELLATE REVIEW IN THE COURT OF APPEALS AND COURT OF SPECIAL APPEALS CHAPTER 500. RECORD EXTRACT, BRIEFS, AND ARGUMENT Md. Rule 8-505 (2012) Rule 8-505. Briefs -- Indigents When the lower court has ordered that costs be paid by the State of Maryland pursuant to Rule 1-325 (b) or in any case in which a party to the appeal is represented by the Public Defender, that party's brief, reply brief, and other documents required to be filed by that party in the appellate court shall be reproduced under the supervision of the Public Defender. MARYLAND RULES TITLE 8. APPELLATE REVIEW IN THE COURT OF APPEALS AND COURT OF SPECIAL

APPEALS CHAPTER 500. RECORD EXTRACT, BRIEFS, AND ARGUMENT Md. Rule 8-511 (2012) Rule 8-511. Amicus curiae (a) Generally. A person may participate as an amicus curiae only with permission of the Court. (b) Brief. The Court, on motion of an amicus curiae or a party or on its own initiative, may grant permission to the amicus curiae to file a brief. A motion requesting permission for an amicus curiae to file a brief shall (1) identify the interest of the amicus curiae, (2) state the reasons why the amicus brief is desirable, (3) state the issues that the amicus curiae intends to raise, and (4) identify every person or entity, other than the amicus curiae, its members, or its counsel, who made a monetary or other contribution to the preparation or submission of the brief, and identify the nature of the contribution. The style (except for the color of the cover), content, and time for filing of the amicus brief shall be the same as prescribed by these rules for the brief of the party whose position as to affirmance or reversal the amicus curiae supports. (c) Oral argument. The amicus curiae shall not participate in oral argument without permission of the Court. Permission shall be granted only for extraordinary reasons. HISTORY: (Amended Nov. 8, 2005, effective Jan. 1, 2006.) MARYLAND RULES TITLE 8. APPELLATE REVIEW IN THE COURT OF APPEALS AND COURT OF SPECIAL APPEALS CHAPTER 500. RECORD EXTRACT, BRIEFS, AND ARGUMENT Md. Rule 8-521 (2012) Rule 8-521. Assignment of cases (a) Regular order. Unless advanced or postponed pursuant to this Rule, cases ordinarily will be assigned for successive sessions of the Court on the basis of their numerical order as they appear on the court docket, but the cases assigned for any session may be assigned for argument at that session without regard to their numerical order. Upon request of the Clerk, a party shall furnish an estimate of the time required for that party's argument. Argument shall be held on the day scheduled, unless postponed pursuant to this Rule. (b) Advancement or postponement of case. A case may be advanced or postponed on motion of a party or on the Court's own initiative. Argument will not be postponed because of the absence of an attorney or a self-represented party on either side unless the absence is caused by sickness or other sufficient cause. Unless briefs have already been filed, an order advancing argument shall fix the times for filing briefs. HISTORY: (Amended September 8, 2011, effective January 1, 2012.)

MARYLAND RULES TITLE 8. APPELLATE REVIEW IN THE COURT OF APPEALS AND COURT OF SPECIAL APPEALS CHAPTER 500. RECORD EXTRACT, BRIEFS, AND ARGUMENT Md. Rule 8-522 (2012) Rule 8-522. Oral argument (a) Time limit. Except with permission of the Court, oral argument is limited to 30 minutes for each side. The Court of Special Appeals may prescribe a shorter period when it grants a request for oral argument pursuant to Rule 8-523 (b) (2), or upon the direction of the Chief Judge, when necessary to enable the Court to dispose of the cases scheduled for oral argument. A party who believes that additional time is necessary for the adequate presentation of oral argument, may request, by letter addressed to the Court, the addition time deemed necessary. The request shall be made no later than ten days after the filing of the appellee's brief. (b) Rebuttal. The appellant may reserve a portion of the time allowed for rebuttal, but in opening argument shall present the case fairly and completely and shall not reserve points of substance for presentation during rebuttal. (c) Number of counsel. Except with permission of the Court, not more than two attorneys may argue for a side. In granting a request for oral argument pursuant to Rule 8-523 (b) (2), the Court of Special Appeals may direct that only one attorney may argue for a side. When more than one attorney will argue for a side, the time allowed for the side may be divided as they desire. (d) More than one appeal in same action -- Order of argument. When there is more than one appeal in the same action, the order of argument may be determined by the Court. If the Court does not determine the order and unless otherwise agreed by parties, the appellant first in order on the docket will open and close. (e) Failure to appear. If a party fails to appear when the case is reached for argument, the adverse party may present oral argument or, with permission of the Court, may waive it. (f) Restriction on oral argument. The Court may decline to hear oral argument on any matter not presented in the briefs. HISTORY: (Amended July 16, 1992.) MARYLAND RULES TITLE 8. APPELLATE REVIEW IN THE COURT OF APPEALS AND COURT OF SPECIAL APPEALS CHAPTER 500. RECORD EXTRACT, BRIEFS, AND ARGUMENT Md. Rule 8-523 (2012)

Rule 8-523. Consideration on brief (a) Submission on brief by party. (1) In Court of Special Appeals. In the Court of Special Appeals, a party may submit an appeal for consideration on brief by informing the Clerk and the other parties. The Court may require oral argument from either side or both sides, notwithstanding the submission on brief. (2) In Court of Appeals. In the Court of Appeals a party may not submit an appeal for consideration on brief except with permission of the Court. A request to submit on brief shall be made in writing at least 15 days before argument. (b) Directed by Court of Special Appeals. (1) When directed. In the Court of Special Appeals, if all the judges of the panel to which an appeal has been assigned conclude, after the filing of the appellant's brief, that oral argument would not be of assistance to the Court because of the nature of the questions raised, the Court shall direct that the appeal be considered on brief without oral argument. The Clerk shall promptly mail notice to all parties that the Court has directed consideration of the appeal on brief. (2) Request for oral argument. If pursuant to subsection (1) of this section the Court directs that an appeal be considered on brief without oral argument, any party may file a request for oral argument. The request shall be filed within ten days after the later of (A) the date the Clerk mails the notice required by subsection (1) of this section or (B) the date the appellee's brief is filed. If the Court grants the request for oral argument, the appeal shall be assigned for argument pursuant to Rule 8-521. Unless the Court specifies otherwise in its order granting the request, oral argument shall be as provided in Rule 8-522. MARYLAND RULES TITLE 8. APPELLATE REVIEW IN THE COURT OF APPEALS AND COURT OF SPECIAL APPEALS CHAPTER 600. DISPOSITION Md. Rule 8-601 (2012) Rule 8-601. Dismissal of appeal by appellant (a) By notice of dismissal. An appellant may dismiss an appeal without permission of the Court by filing a notice of dismissal at any time before the filing of the opinion of the Court. Dismissal of an appeal shall not affect a cross-appeal that is timely filed. (b) Where filed. The notice of dismissal shall be filed in the appellate court. If the record is in the lower court at the time the notice is filed, the appellant shall file a copy of the notice with the clerk of the lower court.

(c) Costs. Unless otherwise provided by stipulation of the parties or order of the Court, the dismissing party is responsible for all costs of the appeal or the part dismissed. MARYLAND RULES TITLE 8. APPELLATE REVIEW IN THE COURT OF APPEALS AND COURT OF SPECIAL APPEALS CHAPTER 600. DISPOSITION Md. Rule 8-602 (2012) Rule 8-602. Dismissal by Court (a) Grounds. On motion or on its own initiative, the Court may dismiss an appeal for any of the following reasons: (1) the appeal is not allowed by these rules or other law; (2) the appeal was not properly taken pursuant to Rule 8-201; (3) the notice of appeal was not filed with the lower court within the time prescribed by Rule 8202; (4) the appellant has failed to comply with the requirements of Rule 8-205; (5) the record was not transmitted within the time prescribed by Rule 8-412, unless the court finds that the failure to transmit the record was caused by the act or omission of a judge, a clerk of court, the court reporter, or the appellee; (6) the contents of the record do not comply with Rule 8-413; (7) a brief or record extract was not filed by the appellant within the time prescribed by Rule 8502; (8) the style, contents, size, format, legibility, or method of reproduction of a brief, appendix, or record extract does not comply with Rules 8-112, 8-501, 8-503, or 8-504; (9) the proper person was not substituted for the appellant pursuant to Rule 8-401; or (10) the case has become moot. Cross references. -- Rule 8-501 (m). (b) Determination by Court. An order of the Court dismissing an appeal or denying a motion to dismiss an appeal may be entered by the Chief Judge, an individual judge of the Court designated by the Chief Judge, or the number of judges required by law to decide an appeal.

Cross references. -- For the number of judges required by law to decide an appeal, see Maryland Constitution, Article IV, 14 and Code, Courts Article, 1-403. (c) Reconsideration of dismissal. (1) Motion for Reconsideration. No later than 10 days after the entry of an order dismissing an appeal, a party may file a motion for reconsideration of the dismissal. (2) Number of Judges; Exception. A motion for reconsideration shall be determined by the number of judges required by law to decide an appeal, except that an individual judge who entered an order of dismissal may rescind the order and reinstate the appeal. The judges who determine the motion for reconsideration may include one or more of the judges who entered the order of dismissal. Committee note. -- Although an individual judge who entered an order of dismissal may rescind the order and reinstate the appeal upon a timely filed motion for reconsideration, a motion for reconsideration of the dismissal may be denied only by the number of judges required by law to decide an appeal. (3) Determination of Motion for Reconsideration. The Court shall rescind an order of dismissal if: (A) the Court determines that the appeal should not have been dismissed; (B) the appeal was dismissed pursuant to subsection (a)(4), (a)(5), or (a)(7) of this Rule and the Court finds that there was good cause for the failure to comply with the applicable subsection of the Rule; or (C) the appeal was dismissed pursuant to subsection (a)(4), (a)(5), (a)(6), (a)(7), (a)(8), or (a)(9) of this Rule and the Court finds that the interests of justice require reinstatement of the appeal. (4) Reinstatement. If an order of dismissal is rescinded, the case shall be reinstated on the docket on the terms and conditions prescribed by the Court. (5) No Further Reconsideration by the Court. If an order dismissing an appeal is reconsidered under this section, the party who filed the motion for reconsideration may not obtain further reconsideration of the motion. (d) Judgment entered after notice filed. A notice of appeal filed after the announcement or signing by the trial court of a ruling, decision, order, or judgment but before entry of the ruling, decision, order, or judgment on the docket shall be treated as filed on the same day as, but after, the entry on the docket. (e) Entry of judgment not directed under Rule 2-602. (1) If the appellate court determines that the order from which the appeal is taken was not a final judgment when the notice of appeal was filed but that the lower court had discretion to direct the entry of a final judgment pursuant to Rule 2-602 (b), the appellate court may, as it finds

appropriate, (A) dismiss the appeal, (B) remand the case for the lower court to decide whether to direct the entry of a final judgment, (C) enter a final judgment on its own initiative or (D) if a final judgment was entered by the lower court after the notice of appeal was filed, treat the notice of appeal as if filed on the same day as, but after, the entry of the judgment. (2) If, upon remand, the lower court decides not to direct entry of a final judgment pursuant to Rule 2-602 (b), the lower court shall promptly notify the appellate court of its decision and the appellate court shall dismiss the appeal. If, upon remand, the lower court determines that there is no just reason for delay and directs the entry of a final judgment pursuant to Rule 2-602 (b), the case shall be returned to the appellate court after entry of the judgment. The appellate court shall treat the notice of appeal as if filed on the date of entry of the judgment. (3) If the appellate court enters a final judgment on its own initiative, it shall treat the notice of appeal as if filed on the date of the entry of the judgment and proceed with the appeal. HISTORY: (Amended Mar. 30, 1993, effective July 1, 1993; Dec. 10, 1996, effective July 1, 1997; Apr. 8, 1997, effective Oct. 1, 1997; Oct. 31, 2002, effective Jan. 1, 2003; April 5, 2005, effective July 1, 2005; amended Sept. 10, 2009, effective Oct. 1, 2009.)

MARYLAND RULES TITLE 8. APPELLATE REVIEW IN THE COURT OF APPEALS AND COURT OF SPECIAL APPEALS CHAPTER 600. DISPOSITION Md. Rule 8-603 (2012) Rule 8-603. Motion to dismiss appeal (a) Time for filing. Unless included in the appellee's brief as permitted by section (c) of this Rule or by order of the appellate court, a motion to dismiss shall be filed within the following time periods: (1) ten days after the record was or should have been filed pursuant to Rule 8-412 if the motion is based on subsection (a) (2), (3), (5), or (6) of Rule 8-602; (2) ten days after the information report was or should have been filed pursuant to Rule 8-205 if the motion is based on subsection (a) (4) of Rule 8-602; (3) ten days after the appellant's brief was or should have been filed pursuant to Rule 8-502 if the motion is based on subsection (a) (7) or (8) of Rule 8-602; (4) ten days after the case becomes moot, if the motion is based on subsection (a) (10) of Rule 8602. (b) Where filed; number of copies. A motion to dismiss and any response shall be filed with the

Clerk of the appellate court. If the motion or response is not included in a brief as permitted by section (c) of this Rule, an original shall be filed together with three copies in the Court of Special Appeals or seven copies in the Court of Appeals. (c) Included in appellee's brief. A motion to dismiss based on subsection (a) (1), (2), (3), (9), or (10) of Rule 8-602 may be included in the appellee's brief. The appellant may include in a reply brief any response to the motion. (d) Affidavit. A motion to dismiss or response that is based on facts not contained in the record or papers on file in the appellate court shall be supported by affidavit and accompanied by any part of the record or papers on which it is based. (e) Request for hearing. A party desiring oral argument on a motion to dismiss in advance of argument on the merits shall so request in the motion or response under the heading "Request for Hearing." (f) Separate oral argument. (1) Not unless directed by the Court. Oral argument on a motion to dismiss will not be held in advance of argument on the merits unless directed by order of the Court. (2) Briefs. If the Court directs oral argument on a motion to dismiss in advance of argument on the merits, the parties, with permission of the Court, may file briefs in support of or in opposition to the motion. Not later than one day before the date assigned for argument (A) an original shall be filed with the Clerk together with three copies in the Court of Special Appeals or seven copies in the Court of Appeals, and (B) a copy shall be delivered to other parties. Unless otherwise ordered by the Court, the briefs shall not exceed ten pages in the Court of Special Appeals or 25 pages in the Court of Appeals. (3) Time; number of counsel. Unless otherwise ordered by the Court, separate oral argument on a motion to dismiss is restricted to 15 minutes for each side, and only one attorney may argue for each side. MARYLAND RULES TITLE 8. APPELLATE REVIEW IN THE COURT OF APPEALS AND COURT OF SPECIAL APPEALS CHAPTER 600. DISPOSITION Md. Rule 8-604 (2012) Rule 8-604. Disposition (a) Generally. As to each party to an appeal, the Court shall dispose of an appeal in one of the following ways: (1) dismiss the appeal pursuant to Rule 8-602;

(2) affirm the judgment; (3) vacate or reverse the judgment; (4) modify the judgment; (5) remand the action to a lower court in accordance with section (d) of this Rule; or (6) an appropriate combination of the above. (b) Affirmance in part and reversal, modification, or remand in part. If the Court concludes that error affects a severable part of the action, the Court, as to that severable part, may reverse or modify the judgment or remand the action to a lower court for further proceedings and, as to the other parts, affirm the judgment. (c) Correctible error. (1) Matters of form. A judgment will not be reversed on grounds of form if the Court concludes that there is sufficient substance to enable the Court to proceed. For that purpose, the appellate court shall permit any entry to be made by either party during the pendency of the appeal that might have been made by that party in the lower court after verdict by the jury or decision by the court. (2) Excessive amount of judgment. A judgment will not be reversed because it is for a larger amount than claimed in the complaint if the plaintiff files in the appellate court a release of the excess. (3) Modified judgment. For purposes of implementing subsections (1) and (2), the Court may modify the judgment. (d) Remand. (1) Generally. If the Court concludes that the substantial merits of a case will not be determined by affirming, reversing or modifying the judgment, or that justice will be served by permitting further proceedings, the Court may remand the case to a lower court. In the order remanding a case, the appellate court shall state the purpose for the remand. The order of remand and the opinion upon which the order is based are conclusive as to the points decided. Upon remand, the lower court shall conduct any further proceedings necessary to determine the action in accordance with the opinion and order of the appellate court. Committee note. -- This Rule is not intended to change existing case law regarding limited remands in criminal cases; see Gill v. State, 265 Md. 350 (1972); Weiner v. State, 290 Md. 425 (1981); Reid v. State, 305 Md. 9 (1985). (2) Criminal case. In a criminal case, if the appellate court reverses the judgment for error in the sentence or sentencing proceeding, the Court shall remand the case for resentencing.

(3) Request for impleader of the subsequent injury fund in an appeal from a workers' compensation commission decision. (A) Generally. If a party files a request for impleader of the Subsequent Injury Fund before the record on appeal has been filed, the Court shall grant the request. If a party files a request for impleader after the record on appeal is filed, the Court shall determine whether there is good cause to grant the request. (B) Order granting request for impleader. If the Court grants a request for impleader, the Court shall suspend further proceedings and remand the case to the Workers' Compensation Commission for further proceedings. (C) Information to be provided to the subsequent injury fund and parties. Within 10 days after the date of an order granting a request for impleader, the impleading party shall provide to the Subsequent Injury Fund and all other parties: (i) a copy of the original claim, any amendments, each issue previously filed, and any award or order entered by the Commission on the claim; (ii) identification, by claim number if available, of prior awards or settlements to the claimant for permanent disability made or approved by the Commission, by a comparable commission of another state as defined in Code, Labor and Employment Article, 1-101; (iii) all relevant medical evidence relied on to implead the Subsequent Injury Fund; and (iv) a certification that a copy of the request for impleader and all required information and documents have been mailed to the Subsequent Injury Fund and all other parties. Cross references. -- COMAR 14.09.01.13. (e) Entry of judgment. In reversing or modifying a judgment in whole or in part, the Court may enter an appropriate judgment directly or may order the lower court to do so. HISTORY: (Amended Nov. 8, 2005, effective Jan. 1, 2006.) MARYLAND RULES TITLE 8. APPELLATE REVIEW IN THE COURT OF APPEALS AND COURT OF SPECIAL APPEALS CHAPTER 600. DISPOSITION Md. Rule 8-605 (2012) Rule 8-605. Reconsideration (a) Motion; response; no oral argument. Except as otherwise provided in Rule 8-602 (c), a party may file pursuant to this Rule a motion for reconsideration of a decision by the Court that disposes

of the appeal. The motion shall be filed (1) before issuance of the mandate or (2) within 30 days after the filing of the opinion of the Court, whichever is earlier. A response to a motion for reconsideration may not be filed unless requested on behalf of the Court by at least one judge who concurred in the opinion or order. Except to make changes in the opinion that do not change the decision in the case, the Court ordinarily will not grant a motion for reconsideration unless it has requested a response. There shall be no oral argument on the motion. (b) Length. A motion or response filed pursuant to this Rule shall not exceed 15 pages. (c) Copies -- Filing. (1) In Court of Special Appeals. In the Court of Special Appeals, the original of the motion and any response shall be filed together with four copies if the opinion of the Court was unreported or 13 copies if reported. (2) In Court of Appeals. In the Court of Appeals, the original and seven copies of the motion and any response shall be filed. (d) Mandate to be delayed. A motion for reconsideration shall delay issuance of a mandate, unless otherwise ordered by the Court. (e) Disposition of motion. A motion for reconsideration shall be granted only with the consent of at least half the judges who concurred in the opinion. If a motion for reconsideration is granted, the Court may make a final disposition of the appeal without reargument, restore the appeal to the calendar for argument, or make other orders, including modification or clarification of its opinion, as the Court finds appropriate. HISTORY: (Amended Mar. 30, 1993, effective July 1, 1993; June 7, 1994, effective Oct. 1, 1994.) MARYLAND RULES TITLE 8. APPELLATE REVIEW IN THE COURT OF APPEALS AND COURT OF SPECIAL APPEALS CHAPTER 600. DISPOSITION Md. Rule 8-605.1 (2012) Rule 8-605.1. Reporting of opinions of the Court of Special Appeals (a) Reporting of opinions. The Court of Special Appeals shall designate for reporting only those opinions that are of substantial interest as precedents. (b) Request for reporting of unreported opinion. At any time before the mandate issues, the Court of Special Appeals, on its own initiative or at the request of a party or nonparty filed before the date on which the mandate is due to be issued, may designate for reporting an opinion previously designated as unreported. An unreported opinion may not be designated for reporting after the mandate has issued.

HISTORY: (Added Mar. 5, 2001, effective July 1, 2001; May 8, 2007, effective July 1, 2007.) Top of Form MARYLAND RULES TITLE 8. APPELLATE REVIEW IN THE COURT OF APPEALS AND COURT OF SPECIAL APPEALS CHAPTER 600. DISPOSITION Md. Rule 8-606 (2012) Rule 8-606. Mandate (a) To evidence order of the Court. Any disposition of an appeal, including a voluntary dismissal, shall be evidenced by the mandate of the Court, which shall be certified by the Clerk under the seal of the Court and shall constitute the judgment of the Court. (b) Issuance of mandate. Upon a voluntary dismissal, the Clerk shall issue the mandate immediately. In all other cases, unless a motion for reconsideration has been filed or the Court orders otherwise, the Clerk shall issue the mandate upon the expiration of 30 days after the filing of the Court's opinion or entry of the Court's order. (c) To contain statement of costs. The mandate shall contain a statement of the order of the Court assessing costs and the amount of the costs taxable to each party. (d) Transmission -- Mandate and record. Upon issuance of the mandate, the Clerk shall transmit it to the appropriate lower court. Unless the appellate court orders otherwise, the original papers comprising the record shall be transmitted with the mandate. (e) Effect of mandate. Upon receipt of the mandate, the clerk of the lower court shall enter it promptly on the docket and the lower court shall proceed in accordance with its terms. Except as otherwise provided in Rule 8-611 (b), the assessment of costs in the mandate shall not be recorded and indexed as provided by Rule 2-601 (c). HISTORY: (Amended May 14, 1992, effective July 1, 1992; June 7, 1994, effective Oct. 1, 1994.) MARYLAND RULES TITLE 8. APPELLATE REVIEW IN THE COURT OF APPEALS AND COURT OF SPECIAL APPEALS CHAPTER 600. DISPOSITION Md. Rule 8-607 (2012) Rule 8-607. Assessment of costs (a) Allowance and allocation. Unless the Court orders otherwise, the prevailing party is entitled

to costs. The Court, by order, may allocate costs among the parties. (b) Unnecessary material. When unnecessary material has been included in a record extract or appendix, the Court may order that the costs of reproduction be withheld, apportioned, or assessed against the attorney or unrepresented party who caused the unnecessary material to be included. (c) Unnecessary correction of record. If the Court orders that the record be corrected or supplemented on motion of a party pursuant to Rule 8-414 and the Court later determines that the correction or supplementation was unnecessary, the costs of the correction or supplementation shall be imposed on the moving party. (d) Amicus curiae. Costs shall not be allowed to or assessed against an amicus curiae. (e) State. (1) Generally. Except as provided in subsection (2) of this section, costs shall be allowed to or assessed against the State or any official, agency, or political subdivision of the State that is a party in the same manner as costs are allowed to or assessed against a private litigant. (2) Criminal appeals. In a criminal appeal decided against the State, costs shall be assessed against the political subdivision of the State in which the case originated. HISTORY: (Amended Mar. 30, 1993, effective July 1, 1993.) Top of Form MARYLAND RULES TITLE 8. APPELLATE REVIEW IN THE COURT OF APPEALS AND COURT OF SPECIAL APPEALS CHAPTER 600. DISPOSITION Md. Rule 8-608 (2012) Rule 8-608. Computation of costs (a) Costs generally allowed. The Clerk shall include in the costs the allowance determined pursuant to section (c) of this Rule for reproducing the briefs, the record extract, and any necessary appendices to briefs and any other costs prescribed by these rules or other law. Unless the case is in the Court of Appeals and was previously heard and decided by the Court of Special Appeals, the Clerk shall also include the amount paid by or on behalf of the appellant for the original and the copies of the stenographic transcript of testimony furnished pursuant to section (a) of Rule 8-411. If the transcript was paid for by the Office of the Public Defender, the Clerk shall so state. (b) Costs generally excluded. Unless the Court orders otherwise, the Clerk shall exclude from the costs the costs of reproducing the record if it was reproduced without order of the Court. (c) Allowance for reproduction. The Clerk shall determine the allowance for reproduction by multiplying the number of pages in the briefs, the record extract, and any necessary appendices to briefs by the standard page rate established from time to time by the Court of Appeals.

HISTORY: (Amended Nov. 12, 2003, effective Jan. 1, 2004.) Bottom of Form MARYLAND RULES TITLE 8. APPELLATE REVIEW IN THE COURT OF APPEALS AND COURT OF SPECIAL APPEALS CHAPTER 600. DISPOSITION Md. Rule 8-611 (2012) Rule 8-611. Enforcement (a) By appellate court. The appellate court may enforce its judgment by appropriate order. (b) By trial court. After the clerk of the trial court enters the mandate on the docket: (1) a party entitled to costs under the mandate may file a motion in the trial court specifying the amount of costs due and requesting that a judgment in that amount be entered by the trial court and that it be recorded and indexed as provided by Rule 2-601 (c); (2) the judgment of the appellate court is enforceable by process issued by the trial court; and (3) the judgment of the trial court may be recorded in another court and enforced by process issued by that other court pursuant to the rules applicable to an original judgment of the trial court. HISTORY: (Amended June 7, 1994, effective Oct. 1, 1994.) Bottom of Form MARYLAND RULES TITLE 9. FAMILY LAW ACTIONS CHAPTER 100. ADOPTION; GUARDIANSHIP TERMINATING PARENTAL RIGHTS Md. Rule 9-101 (2012) Rule 9-101. Applicability; definitions (a) Applicability. The Rules in this Chapter apply to proceedings under Code, Family Law Article, Title 5, Subtitles 3 (Guardianship to and Adoption through Local Department), 3A (Private Agency Guardianship and Adoption), and 3B (Independent Adoption). Committee note. -- The Rules in this Chapter do not apply to the guardianship of persons and property of minors and disabled persons governed by Code, Estates and Trusts Article, 13-101 et seq. (b) Definitions. The terms used in this Chapter that are defined in Code, Family Law Article, Titles 1 and 5 shall have the meanings stated in those Titles. In addition, in this Chapter, the following definitions apply except as expressly otherwise provided or as necessary implication requires. (1) Independent Adoption. "Independent Adoption" means an adoption under Code, Family Law Article, Title 5, Subtitle 3B.

(2) Private Agency Adoption. "Private Agency Adoption" means an adoption under Code, Family Law Article, Title 5, Subtitle 3A, Part III. (3) Private Agency Guardianship. "Private Agency Guardianship" means a guardianship under Code, Family Law Article, Title 5, Subtitle 3A, Part II. (4) Public Agency Adoption after TPR. "Public Agency Adoption after TPR" means an adoption under Code, Family Law Article, Title 5, Subtitle 3, Part IV, after termination of parental rights. (5) Public Agency Adoption without Prior TPR. "Public Agency Adoption without Prior TRP" means an adoption under Code, Family Law Article, Title 5, Subtitle 3, Part III, without prior termination of parental rights. (6) Public Agency Guardianship. "Public Agency Guardianship" means a guardianship under Code, Family Law Article, Title 5, Subtitle 3, Part II. (7) TPR. "TPR" means termination of parental rights. HISTORY: (Amended June 4, 2007, effective July 1, 2007.) MARYLAND RULES TITLE 9. FAMILY LAW ACTIONS CHAPTER 100. ADOPTION; GUARDIANSHIP TERMINATING PARENTAL RIGHTS Md. Rule 9-102 (2012) Rule 9-102. Consents; revocation of consent (a) Consents generally required. Except when otherwise permitted, a judgment of adoption or guardianship may not be entered without the consents prescribed by Code, Family Law Article. Cross references. -- For provisions governing the authority to grant guardianships or adoptions and the validity of consents, see Code, Family Law Article, 5-320 and 5-321 as to a Public Agency Guardianship; 5-338 and 5-339 as to a Public Agency Adoption without Prior TPR; 5-350 and 5351 as to a Public Agency Adoption after TPR; 5-3A-18 and 5-3A-19 as to a Private Agency Guardianship; 5-3A-35 as to a Private Agency Adoption; and 5-3B-20 and 5-3B-21 as to an Independent Adoption. (b) Form of consents, affidavits of attorneys, and disclosure vetoes. (1) Consent of parent. If signed on or after July 1, 2007, the consent of a parent to a guardianship or to an adoption shall be substantially in the applicable form set forth at the end of this Title as Form 9-102.1 (Consent of Parent to a Public Agency Guardianship), Form 9-102.2 (Consent of Parent to a Private Agency Guardianship), Form 9-102.3 (Consent of Parent to a Public Agency Adoption without Prior TPR), Form 9-102.4 (Consent of Parent to an Independent Adoption with Termination of Parental Rights), or Form 9-102.5 (Consent of Parent to an Independent Adoption without Termination of Parental Rights).

(2) Consent of child to adoption. If signed on or after July 1, 2007, the consent of a child to an adoption shall be substantially in the applicable form set forth at the end of this Title as Form 9102.6 (Consent of Child to a Public Agency Adoption or Private Agency Adoption) or Form 9102.7 (Consent of Child to an Independent Adoption). (3) Attorney affidavit. When required and if signed on or after July 1, 2007, the affidavit by an attorney as to the validity of the consent of a parent to a guardianship or adoption or a child to an adoption shall be substantially in the applicable form set forth at the end of this Title as Form 9102.8 (Attorney Affidavit as to Consent of a Parent to a Public Agency Guardianship or Private Agency Guardianship), Form 9-102.9 (Attorney Affidavit as to Consent of a Parent to Adoption), or Form 9-102.10 (Attorney Affidavit as to Consent of a Child to Adoption). Cross references. -- See Rule 9-106 (c). (4) Disclosure vetoes. The disclosure vetoes that are required to be attached to the consent forms may be found on the website of the Maryland Department of Human Resources. (c) Revocation of consent. (1) Time for revocation of consent. (A) By parent. The time for revocation of consent by a parent is as provided in Code, Family Law Article, 5-321 (Public Agency Guardianship), 5-339 (Public Agency Adoption without Prior TPR), 5-3A-19 (Private Agency Guardianship), and 5-3B-21 (Independent Adoption). (B) By adoptee. The time for revocation of consent by an adoptee is as provided in Code, Family Law Article, 5-339 (Public Agency Adoption without Prior TPR), 5-351 (Public Agency Adoption after TPR), 5-3A-35 (Private Agency Adoption), and 5-3B-21 (Independent Adoption). (C) By public or private agency or guardian. The time for revocation of consent by a public or private agency or guardian is as provided in Code, Family Law Article, 5-339 (Public Agency Adoption without Prior TPR), 5-351 (Public Agency Adoption after TPR), and 5-3A-35 (Private Agency Adoption). (2) Procedure for revocation of consent. (A) By parent -- Delivery to clerk. A parent may revoke a consent to an adoption or guardianship only by a signed writing actually delivered by mail or in person to the clerk of the circuit court designated in the consent to receive the revocation. If the revocation is delivered to an agent of a public or private agency, the agent shall deliver the revocation promptly to the court. (B) By agency, guardian, or adoptee. An agency, guardian, or adoptee may revoke consent to an adoption (i) in person or through counsel on the record at a hearing or (ii) in a writing signed by the executive head of the agency, the guardian, or the adoptee and filed with the court. If the

revocation is delivered to an agent of a public or private agency, the agent shall deliver the revocation promptly to the court. Cross references. -- Rule 9-112. (C) Notice. The court shall send to all parties, including the person who revoked the consent, a copy of the revocation and notice of a hearing scheduled pursuant to subsection (c)(2)(D) of this Rule. (D) Court hearing upon revocation of consent. If a consent is revoked pursuant to this Rule, the court shall schedule an immediate hearing to determine the status of the petition and, if necessary, temporary custody of the child. HISTORY: (Amended Oct. 5, 1999; June 4, 2007, effective July 1, 2007.) MARYLAND RULES TITLE 9. FAMILY LAW ACTIONS CHAPTER 100. ADOPTION; GUARDIANSHIP TERMINATING PARENTAL RIGHTS Md. Rule 9-103 (2012) Rule 9-103. Petition (a) Titling of case. A proceeding shall be titled "In re Adoption/Guardianship of (first name and first initial of last name of prospective adoptee or ward)." (b) Petition for adoption. (1) Contents. A petition for adoption shall be signed and verified by each petitioner and shall contain the following information: (A) The name, address, age, business or employment, and employer of each petitioner; (B) The name, sex, and date and place of birth of the person to be adopted; (C) The name, address, and age of each parent of the person to be adopted; (D) Any relationship of the person to be adopted to each petitioner; (E) The name, address, and age of each child of each petitioner; (F) A statement of how the person to be adopted was located (including names and addresses of all intermediaries or surrogates), attaching a copy of all advertisements used to locate the person, and a copy of any surrogacy contract; Committee note. -- If the text of an advertisement was used verbatim more than once, the

requirement that a copy of all advertisements be attached to the petition may be satisfied by attaching a single copy of the advertisement, together with a list of the publications in which the advertisement appeared and the dates on which it appeared. (G) If the person to be adopted is a minor, the names and addresses of all persons who have had legal or physical care, custody, or control of the minor since the minor's birth and the period of time during which each of those persons has had care, custody, or control, but it is not necessary to identify the names and addresses of foster parents, other than a petitioner, who have taken care of the minor only while the minor has been committed to the custody of a child placement agency; (H) If the person to be adopted is a minor who has been transported from another state to this State for purposes of placement for adoption, a statement of whether there has been compliance with the Interstate Compact on the Placement of Children (ICPC); (I) If applicable, the reason why the spouse of the petitioner is not joining in the petition; (J) If there is a guardian with the right to consent to adoption for the person to be adopted, the name and address of the guardian and a reference to the proceeding in which the guardian was appointed; (K) Facts known to each petitioner that may indicate that a party has a disability that makes the party incapable of consenting or participating effectively in the proceedings, or, if no such facts are known to the petitioner, a statement to that effect; (L) Facts known to each petitioner that may entitle the person to be adopted or a parent of that person to the appointment of an attorney by the court; (M) If a petitioner desires to change the name of the person to be adopted, the name that is desired; (N) As to each petitioner, a statement whether the petitioner has ever been convicted of a crime other than a minor traffic violation and, if so, the offense and the date and place of the conviction; (O) That the petitioner is not aware that any required consent has been revoked; and (P) If placement pending final action on the petition is sought in accordance with Code, Family Law Article, 5-3B-12, a request that the court approve the proposed placement. (2) Exhibits. (A) The following documents shall accompany the petition as exhibits: (i) A certified copy of the birth certificate or "proof of live birth" of the person to be adopted; (ii) A certified copy of the marriage certificate of each married petitioner;

(iii) A certified copy of all judgments of divorce of each petitioner; (iv) A certified copy of any death certificate of a person whose consent would be required if that person were living; (v) A certified copy of all orders concerning temporary custody or guardianship of the person to be adopted; (vi) A copy of any existing adoption home study by a licensed child placement agency concerning a petitioner, criminal background reports, or child abuse clearances; (vii) A document evidencing the annual income of each petitioner; (viii) The original of all consents to the adoption, any required affidavits of translators or attorneys, and, if available, a copy of any written statement by the consenting person indicating a desire to revoke the consent, whether or not that statement constitutes a valid revocation; Cross references. -- See Code, Family Law Article, 5-313, 5-320, and 5-321 as to a Public Agency Guardianship; 5-331, 5-338, and 5-339 as to a Public Agency Adoption without Prior TPR; 5-345, 5-350, and 5-351 as to a Public Agency Adoption after TPR; 5-3A-13, 5-3A-18, and 5-3A-19 as to a Private Agency Guardianship; 5-3A-35 as to a Private Agency Adoption; and 53B-20 and 5-3B-21 as to an Independent Adoption. (ix) If applicable, proof of guardianship or relinquishment of parental rights granted by an administrative, executive, or judicial body of a state or other jurisdiction; a certification that the guardianship or relinquishment was granted in compliance with the jurisdiction's laws; and any appropriate translation of documents required to allow the child to enter the United States; Cross references. -- See Code, Family Law Article, 5-305, 5-313, and 5-320 as to a Public Agency Guardianship; 5-305, 5-331, and 5-338 as to a Public Agency Adoption without Prior TPR; 5-305 and 5-345 as to a Public Agency Adoption after TPR; 5-3A-05, 5-3A-13, and 5-3A-18 as to a Private Agency Guardianship; 5-3A-05 as to a Private Agency Adoption; and 5-3B-04 and 5-3B-20 as to an Independent Adoption. (x) If a parent of the person to be adopted cannot be identified or located, an affidavit of each petitioner and the other parent describing the attempts to identify and locate the unknown or missing parent; Cross references. -- See Code, Family Law Article, 5-331 and 5-334 as to a Public Agency Adoption without Prior TPR and 5-3B-15 as to an Independent Adoption. (xi) A copy of any agreement between a parent of the person to be adopted and a petitioner relating to the proposed adoption with any required redaction; Cross references. -- See Code, Family Law Article, 5-308 and 5-331 as to a Public Agency Adoption without Prior TPR; 5-308 and 5-345 as to a Public Agency Adoption after TPR; 5-3A-08

as to a Private Agency Adoption; and 5-3B-07 as to an Independent Adoption. (xii) If the adoption is subject to the Interstate Compact on the Placement of Children, the appropriate ICPC approval forms; Cross references. -- Code, Family Law Article, 5-601. (xiii) A brief statement of the health of each petitioner signed by a physician or other health care provider if applicable; and (xiv) If required, a notice of filing as prescribed by Code, Family Law Article: (1) 5-313 in a Public Agency Guardianship; (2) 5-331 in a Public Agency Adoption without Prior TPR; or (3) 5-345 in a Public Agency Adoption after TPR. (B) The following documents shall be filed before a judgment of adoption is entered: (i) Any post-placement report relating to the adoption, if applicable; Cross references. -- See Code, Family Law Article, 5-337 as to a Public Agency Adoption without Prior TPR; 5-349 as to a Public Agency Adoption after TPR; 5-3A-31 and 5-3A-34 as to a Private Agency Adoption; and 5-3B-16 as to an Independent Adoption. (ii) A brief statement of the health of the child by a physician or other health care provider; (iii) If required by law, an accounting of all payments and disbursements of any money or item of value made by or on behalf of each petitioner in connection with the adoption; Cross references. -- See Code, Family Law Article, 5-3B-24 as to an Independent Adoption. (iv) An affidavit of counsel for a parent, if required by Code, Family Law Article: (1) 5-307 and 5-321 in a Public Agency Guardianship; (2) 5-307 and 5-339 in a Public Agency Adoption without Prior TPR; (3) 5-3A-07 and 5-3A-19 in a Private Agency Guardianship; or (4) 5-3B-06 and 5-3B-21 in an Independent Adoption. (v) An affidavit of counsel for a child, if the child is represented; Cross references. -- See Code, Family Law Article, 5-307 and 5-338 as to a Public Agency

Adoption without Prior TPR; 5-307 and 5-350 as to a Public Agency Adoption after TPR; 5-3A-07 and 5-3A-35 as to a Private Agency Adoption; and 5-3B-06 and 5-3B-20 as to an Independent Adoption. (vi) If the adoption is subject to the Interstate Compact on the Placement of Children, the required post-placement form; (vii) A proposed judgment of adoption; and (viii) A Department of Health and Mental Hygiene Certificate of Adoption Form. Cross references. -- Code, Health-General Article, 4-211 (f). (c) Petition for guardianship. A petition for guardianship shall state all facts required by subsection (b) (1) of this Rule, to the extent that the requirements are applicable and known to the petitioner. It shall be accompanied by all documents required to be filed as exhibits by subsection (b)(2) of this Rule, to the extent the documents are applicable. The petition shall also state the license number of the child placement agency. Cross references. -- See Code, Family Law Article, 5-313 as to a Public Agency Guardianship and 5-3A-13 as to a Private Agency Guardianship. (d) If facts unknown or documents unavailable. If a fact required by subsection (b) (1) or section (c) of this Rule is unknown to a petitioner or if a document required by subsection (b) (2) or section (c) is unavailable, the petitioner shall so state and give the reason in the petition or in a subsequent affidavit. If a document required to be submitted with the petition becomes available after the petition is filed, the petitioner shall file it as soon as it becomes available. (e) Disclosure of facts known to child placement agency. If any fact required by subsection (b) (1) of this Rule to be stated is known to a child placement agency and the agency declines to disclose it to a petitioner, the agency shall disclose the fact to the court in writing at the time the petition is filed. HISTORY: (Amended Mar. 5, 2001, effective July 1, 2001; June 4, 2007, effective July 1, 2007.) MARYLAND RULES TITLE 9. FAMILY LAW ACTIONS CHAPTER 100. ADOPTION; GUARDIANSHIP TERMINATING PARENTAL RIGHTS Md. Rule 9-104 (2012) Rule 9-104. Notice of filing of petition; status conference (a) Notice of filing of petition. Notice of the filing of a petition for guardianship or adoption shall be given as required by Code, Family Law Article:

(1) 5-315 in a Public Agency Guardianship; (2) 5-333 in a Public Agency Adoption without Prior TPR; (3) 5-346 in a Public Agency Adoption after TPR; (4) 5-3A-14 in a Private Agency Guardianship; (5) 5-3A-30 in a Private Agency Adoption; and (6) 5-3B-14 in an Independent Adoption. (b) Status conference. In a public agency guardianship or adoption, at the time the notice of filing is sent, the court shall schedule a status conference no later than 60 days after the filing of the petition. HISTORY: (Amended June 4, 2007, effective July 1, 2007.)

MARYLAND RULES TITLE 9. FAMILY LAW ACTIONS CHAPTER 100. ADOPTION; GUARDIANSHIP TERMINATING PARENTAL RIGHTS Md. Rule 9-105 (2012) Rule 9-105. Show cause order; disability of a party; other notice (a) Requirement for show cause order. Promptly upon the filing of a petition for adoption or guardianship, the court shall issue a show cause order in substantially the form set forth in section (e) of this Rule when required by Code, Family Law Article: (1) 5-316 in a Public Agency Guardianship; (2) 5-334 in a Public Agency Adoption without Prior TPR; (3) 5-3A-15 in a Private Agency Guardianship; or (4) 5-3B-15 in an Independent Adoption. If the petition seeks adoption of a minor, the show cause order shall not divulge the name of the petitioner. If the petition seeks appointment of a guardian, the show cause order shall state the name of the child placement agency seeking guardianship. (b) Appointment of attorney for disabled party. (1) If the parties agree that a party who is not represented has a disability that makes the party

incapable of consenting or participating effectively in the proceeding, the court shall appoint an attorney who shall represent the disabled party throughout the proceeding. (2) If there is a dispute as to whether a party who is not represented has a disability that makes the party incapable of consenting or participating effectively in the proceeding, the court shall: (A) hold a hearing promptly to resolve the dispute; (B) appoint an attorney to represent the alleged disabled party at that hearing; (C) provide notice of that hearing to all parties; and (D) if the court finds at the hearing that the party has such a disability, appoint an attorney who shall represent the disabled party throughout the proceeding. Cross references. -- See Code, Family Law Article, 5-307 as to a Public Agency Guardianship; 5-307 as to a Public Agency Adoption without Prior TPR; 5-3A-07 as to a Private Agency Guardianship; and 5-3B-06 as to an Independent Adoption. For eligibility of an individual for representation by the Office of the Public Defender, see Code, Family Law Article, 5-307 and Code, Article 27A, 4. (c) Service of show cause order. (1) Method of service. The show cause order shall be served on those persons and in the manner required by Code, Family Law Article: (A) 5-316 in a Public Agency Guardianship; (B) 5-334 in a Public Agency Adoption without Prior TPR; (C) 5-3A-15 in a Private Agency Guardianship; or (D) 5-3B-15 in an Independent Adoption. (2) Time for service. Unless the court orders otherwise, a show cause order shall be served within 90 days after the date it is issued. If service is not made within that period, a new show cause order shall be issued at the request of the petitioner. (3) Notice of objection. A show cause order shall be served with two copies of a pre-captioned notice of objection form in substantially the form set forth in section (f) of this Rule. In a public agency guardianship or adoption, a copy of the petition shall be attached. (d) Notice of change of name. 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) Form of show cause order. Except as provided in section (g) of this Rule, the show cause order shall be substantially in the following form:

IMPORTANT THIS IS A COURT ORDER. IF YOU DO NOT UNDERSTAND WHAT THE ORDER SAYS, HAVE SOMEONE EXPLAIN IT TO YOU. YOUR RIGHT TO AN ATTORNEY IS EXPLAINED IN PARAGRAPH 3 OF THIS ORDER. IF YOU DO NOT MAKE SURE THAT THE COURT RECEI VES YOUR NOTICE OF OBJECTION ON OR BEFORE THE DEADLINE STATED IN PARAGRAPH 2 OF THIS ORDER, YOU HAVE AGREED TO A TERMINATION OF YOUR PARENTAL RIGHTS.

(Note to Drafter of Show Cause Order: For the form of the caption of the Show Cause Order, see Rule 9-103 (a).)

SHOW CAUSE ORDER TO:

(name of person to be served)

(address, including county)

(relationship of person served to individual who is the subject of the proceeding)

You are hereby notified that: 1. Filing of petition. A petition has been filed for (adoption/guardianship) of who (name of individual who is the subject of the proceeding) was born at on .

(birthplace) (date of birth) (If the petition is for guardianship, include the following sentence: The petition was filed by ). (name of child placement agency seeking guardianship) 2. Right to object; time for objecting. If you wish to object to the (adoption/guardianship) you must file a notice of objection with the clerk of the court at ,

(address of courthouse) within days after this Order is served on you. For your convenience, a form notice of objection is attached to this Order.

WHETHER THE PETITION REQUESTS ADOPTION OR GUARDIANSHIP, IF YOU DO NOT MAKE SURE THAT THE COURT RECEIVES YOUR NOTICE OF OBJECTION ON OR BEFORE THE DEADLINE STATED ABOVE, YOU HAVE AGREED TO A TERMINATION OF YOUR PARENTA L RIGHTS. 3. Right to an attorney. (a) You have the right to speak with an attorney and obtain independent legal advice. (b) An attorney may already have been appointed for you. If you have been notified that an attorney has been appointed for you, you should speak immediately with that attorney. (c) If an attorney has not already contacted you, you may be entitled to have the court appoint an attorney for you if:

(Note to Drafter of Show Cause Order: Include only those of the following paragraphs that are applicable to the type of guardianship or adoption proceeding that has been filed.)

[In a Public Agency Guardianship:]

You are a parent of the person for whom a guardian is sought and: (A) you are under 18 years of age; or (B) you have a disability that makes you unable to participate effectively in the case; or (C) you object to the guardianship and cannot afford to hire an attorney

because you are indigent.

[In a Public Agency Adoption without Prior TPR:]

(1) You are the person to be adopted; OR (2) You are a parent of the person to be adopted and: (A) you are under 18 years of age; or (B) you have a disability that makes you unable to participate effectively in the adoption case; or (C) you object to the adoption and cannot afford to hire an attorney because you are indigent.

[In a Public Agency Adoption after TPR:]

You are the person to be adopted.

[In a Private Agency Guardianship:]

You are a parent of the person for whom a guardian is sought and: (A) you are under 18 years of age; or (B) you have a disability that makes you unable to participate effectively in the case.

[In a Private Agency Adoption:]

You are the person to be adopted and: (A) you are at least 10 years old but are not yet 18; or (B) you have a disability that makes you unable to participate effectively in the adoption case.

[In an Independent Adoption:]

(1) You are the person to be adopted and: (A) you are at least 10 years old; and (B) you have a disability that makes you unable to participate effectively in the adoption case; OR (2) You are a parent of the person to be adopted and:

(A) you are under 18 years of age; or (B) you have a disability that makes you unable to participate effectively in the adoption case.

IF YOU BELIEVE YOU ARE ENTITLED TO HAVE THE COURT APPOINT AN ATTORNE Y FOR YOU AND YOU WANT AN ATTORNEY, YOU MUST NOTIFY THE COURT BEFORE THE TIME YOUR NOTICE OF OBJECTION MUST BE FILED. HOWEVER, EVEN IF YOU HAVE OR WANT T O HAVE AN ATTORNEY, YOU MUST STILL FILE THE NOTICE OF OBJECTION ON OR BEFORE T HE DEADLINE STATED IN PARAGRAPH 2 OF THIS ORDER. IF YOU DO NOT MAKE SURE T HAT THE COURT RECEIVES YOUR NOTICE OF OBJECTION ON OR BEFORE THE DEADLINE S TATED, YOU HAVE AGREED TO THE TERMINATION OF YOUR PARENTAL RIGHTS.

For your convenience, a request for appointment of an attorney is printed on the notice of objection form attached to this Order. (d) You are entitled to consult an attorney chosen by you, even if you are not entitled to an attorney appointed by the court. If you employ an attorney, you may be responsible for any fees and costs charged by that attorney unless the court orders another party to pay all or part of those fees or expenses. (e) If you wish further information concerning appointment of an attorney by the court or concerning adoption counseling and guidance, you may contact

(name of court official)

(address)

(telephone number) 4. Option to receive adoption counseling. If this is an adoption proceeding, you also may have the option to receive adoption counseling and guidance. You may have to pay for that service unless another party agrees to pay or the court orders another party to pay all or part of those charges. Date of issue:

(Judge) (f) Form of notice of objection. The notice of objection shall be substantially in the following form:

(Note to Drafter of the Notice of Objection/Request for Appointment of Attorney: For the caption of the form, see Rule 9-103 (a).)

NOTICE OF OBJECTION/REQUEST FOR APPOINTMENT OF ATTORNEY (Instructions to the person served with the show cause order:

IF YOU WISH TO OBJECT, YOU MUST MAKE SURE THAT THE COURT RECEIVES YOUR NOTICE OF OBJECTION ON OR BEFORE THE DEADLINE STATED IN THE SHOW CAUSE ORDER. You may use this form to do so. You need only sign this form, print or type your name, address, and telephone number underneath your signature, and mail or deliver it to the court at the address shown in paragraph 2 of the show cause order. IF THE COURT HAS NOT RECEIVED YOUR NOTICE OF OBJECTION ON OR BEFORE THE DEADLINE STATED IN PARAGRAPH 2 OF THE SHOW CAUSE ORDER, YOU

HAVE AGREED TO THE TERMINATION OF YOUR PARENTAL RIGHTS. If you wish to state your reasons, you may state them on this sheet.)

1. I object to the (adoption/guardianship) of the above-named individual. My reasons for objecting are as follows:

2. I do/do not want the Court to appoint an attorney to represent me. (Circle one) :X60 If I circled that I do want the court to appoint an attorney for me, I believe that I am entitled to a court-appointed attorney because: (Check appropriate box or boxes)

(Note to Drafter of the Notice of Objection/Request for Appointment of Attorney: Include only those of the following paragraphs which are applicable to the type of guardianship or adoption proceeding that has been filed.)

[In a Public Agency Guardianship:]

[ ] I am the parent of the person for whom a guardian is sought and: [ ] I am under 18 years of age. [ ] I have a disability that makes me unable to participate effectively in the case. [ ] I object to the guardianship and cannot afford to hire an attorney because I am indigent.

[In a Public Agency Adoption without Prior TPR:]

[ ] I am the person to be adopted. OR [ ] I am the parent of the person to be adopted and: [ ] I am under 18 years of age. [ ] I have a disability that makes me unable to participate effectively in the adoption case. [ ] I object to the adoption and cannot afford to hire an attorney because I am indigent.

[In a Public Agency Adoption after TPR:]

[ ] I am the person to be adopted.

[In a Private Agency Guardianship:]

[ ] I am a parent of the person for whom a guardian is sought and: [ ] I am under 18 years of age. [ ] I have a disability that makes me unable to participate effectively in the case.

[In a Private Agency Adoption:]

[ ] I am the person to be adopted and: [ ] I am at least 10 years old but am not yet 18. [ ] I have a disability that makes me unable to participate effectively in the adoption case.

[In an Independent Adoption:]

[ ] I am the person to be adopted and: [ ] I am at least 10 years old and I have a disability that makes me unable to participate effectively in the adoption case. OR [ ] I am the parent of the person to be adopted and: [ ] I am under 18 years of age. [ ] I have a disability that makes me unable to participate effectively in the adoption case.

(Signature)

(Name, printed or typed)

(Address)

(Telephone Number)

(g) Form of notice for service by publication and posting. The notice for service by publication and posting shall be in the form required by Code, Family Law Article: (1) 5-316 in a Public Agency Guardianship; (2) 5-334 in a Public Agency Adoption without Prior TPR;

(3) 5-3A-15 in a Private Agency Guardianship; or (4) 5-3B-15 in an Independent Adoption. HISTORY: (Amended Mar. 5, 2001, effective July 1, 2001; Jan. 8, 2002, effective Feb. 1, 2002; Nov. 6, 2002, effective Jan. 1, 2003; June 4, 2007, effective July 1, 2007.) MARYLAND RULES TITLE 9. FAMILY LAW ACTIONS CHAPTER 100. ADOPTION; GUARDIANSHIP TERMINATING PARENTAL RIGHTS Md. Rule 9-106 (2012) Rule 9-106. Appointment of attorney -- Attorney affidavit -- Investigation (a) Appointment of attorney. The court shall appoint an attorney for a party when required by Code, Family Law Article: (1) 5-307 in a Public Agency Guardianship; (2) 5-307 in a Public Agency Adoption without Prior TPR; (3) 5-307 in a Public Agency Adoption after TPR; (4) 5-3A-07 in a Private Agency Guardianship; (5) 5-3A-07 in a Private Agency Adoption; or (6) 5-3B-06 in an Independent Adoption. (b) Payment of attorney's fees. Even if the prospective adoptee is not entitled to a court-appointed attorney, the person is entitled to consult an attorney chosen by that person. The adoptive parents or agency may agree to pay all or part of the attorney's fees on behalf of the person, or the court may order the adoptive parents or agency to do so. Cross references. -- See Code, Family Law Article, 5-309 as to a Public Agency Guardianship; 5-309 as to a Public Agency Adoption without Prior TPR; 5-3A-09 as to a Private Agency Guardianship; and 5-3B-08 as to an Independent Adoption. (c) Affidavit of attorney. (1) With a parental consent. The attorney shall file an affidavit in the applicable form set forth at the end of this Title with a consent signed by a parent when required by Code, Family Law Article: (A) 5-321 in a Public Agency Guardianship; (B) 5-339 in a Public Agency Adoption without Prior TPR;

(C) 5-3A-19 in a Private Agency Guardianship; or (D) 5-3B-21 in an Independent Adoption. (2) With a consent of a prospective adoptee. The attorney shall file an affidavit in the applicable form set forth at the end of this Title with a consent signed by a prospective adoptee if the adoptee is represented and (A) is a minor; or (B) has a disability that makes the prospective adoptee incapable of effectively participating in a case. Cross references. -- See Rule 9-102 (b)(3). (d) Investigation by court. (1) Optional. The court may order an investigation as provided by Code, Family Law Article: (A) 5-317 in a Public Agency Guardianship; (B) 5-3A-16 in a Private Agency Guardianship; or (C) 5-3B-16 in an Independent Adoption. (2) Mandatory. The court shall order an investigation in a nonconsensual Independent Adoption as provided in Code, Family Law Article, 5-3B-16. (3) Recommendation of investigator. If requested by the court, the report of any investigation may include the recommendation of the investigator. (4) In writing. The report of any investigation shall be submitted to the court in writing and filed among the records of the proceeding. HISTORY: (Amended June 4, 2007, effective July 1, 2007.)

MARYLAND RULES TITLE 9. FAMILY LAW ACTIONS CHAPTER 100. ADOPTION; GUARDIANSHIP TERMINATING PARENTAL RIGHTS Md. Rule 9-107 (2012) Rule 9-107. Objection

(a) In general. Any person having a right to participate in a proceeding for adoption or guardianship may file a notice of objection to the adoption or guardianship. The notice may include a statement of the reasons for the objection and a request for the appointment of an attorney. Cross references. -- See Rule 9-105 for Form of Notice of Objection. (b) Time for filing objection. (1) In general. Except as provided by subsections (b) (2) and (b) (3) of this Rule, any notice of objection to an adoption or guardianship shall be filed within 30 days after the show cause order is served. (2) Service outside of the State. If the show cause order is served outside the State but within the United States, the time for filing a notice of objection shall be within 60 days after service. (3) Service outside of the United States. If the show cause order is served outside the United States, the time for filing a notice of objection shall be within 90 days after service. (4) Service by publication in a newspaper and on website. If the court orders service by publication, the deadline for filing a notice of objection shall be not less than 30 days from the later of (A) the date that the notice is published in a newspaper of general circulation or (B) the last day that the notice is published on the Maryland Department of Human Resources website. (c) Service. The clerk shall serve a copy of any notice of objection on all parties in the manner provided by Rule 1-321. (d) Response. Within 10 days after being served with a notice of objection, any party may file a response challenging the standing of the person to file the notice or the timeliness of the filing of the notice. (e) Hearing. If any party files a response, the court shall hold a hearing promptly on the issues raised in the response. (f) Access to records. If the court determines that the person filing the notice of objection has standing to do so and that the notice is timely filed, it shall enter an order permitting the person to inspect the papers filed in the proceeding subject to reasonable conditions imposed in the order. HISTORY: (Amended June 4, 2007, effective July 1, 2007; June 7, 2011, effective July 1, 2011.) MARYLAND RULES TITLE 9. FAMILY LAW ACTIONS CHAPTER 100. ADOPTION; GUARDIANSHIP TERMINATING PARENTAL RIGHTS Md. Rule 9-108 (2012)

Rule 9-108. Temporary custody The court may make an award of temporary custody of a minor prior to a hearing. HISTORY: (Amended June 4, 2007, effective July 1, 2007.) MARYLAND RULES TITLE 9. FAMILY LAW ACTIONS CHAPTER 100. ADOPTION; GUARDIANSHIP TERMINATING PARENTAL RIGHTS Md. Rule 9-109 (2012) Rule 9-109. Hearing on merits (a) Requirement. (1) Generally. The court shall hold a hearing and make findings on the record on the merits of a guardianship or adoption petition as provided by Code, Family Law Article: (A) 5-318 in a nonconsensual Public Agency Guardianship; (B) 5-335 in a Public Agency Adoption without Prior TPR; (C) 5-347 in a Public Agency Adoption after TPR; (D) 5-3A-32 in a Private Agency Adoption; or (E) 5-3B-17 in an Independent Adoption. (2) Guardianship. The court may hold a hearing on the merits of a consensual Public or Private Agency Guardianship petition. Cross references. -- See Code, Family Law Article, 5-318 as to Public Agency Guardianship. (b) Adoption. (1) Persons present at hearing. Unless excused for good cause shown, each petitioner and the person to be adopted shall be present at the hearing on the merits in an adoption action. The hearing shall be conducted out of the presence of all persons other than the petitioners, the person to be adopted, and those persons whose presence the court deems necessary or desirable. Committee note. -- Social policy against public disclosure of adoption proceedings compels all hearings to be as private as possible. This Rule leaves to the discretion of the trial court the extent to which this consideration must be relaxed in the interest of fair trial.

(2) Considerations. In ruling on a petition for adoption, the court shall make the considerations required by Code, Family Law Article: (A) 5-337 in a Public Agency Adoption without Prior TPR; (B) 5-349 in a Public Agency Adoption after TPR; (C) 5-3A-34 in a Private Agency Adoption; or (D) 5-3B-19 in an Independent Adoption. (3) Findings by the court. In an adoption action, the court shall determine on the record whether: (A) Necessary consents have been filed; (B) Any required consents have been revoked; Cross references. -- Rules 9-111 (b) and 9-112 (a). (C) Appropriate notices have been served; (D) Any investigative reports have been filed; (E) All questioned or disputed issues have been resolved; (F) In a nonconsensual independent adoption, whether the findings required by Code, Family Law Article, 5-3B-21 have been met; (G) The adoptive parents are fit and proper to be the parents of the person to be adopted; (H) The best interests of the person to be adopted will be served by the adoption; and (I) Other appropriate matters have been resolved. HISTORY: (Amended June 4, 2007, effective July 1, 2007.) MARYLAND RULES TITLE 9. FAMILY LAW ACTIONS CHAPTER 100. ADOPTION; GUARDIANSHIP TERMINATING PARENTAL RIGHTS Md. Rule 9-110 (2012) Rule 9-110. Accounting report

(a) Duty to file. In an independent adoption other than an adoption by a stepparent or relative of the person to be adopted, each petitioner shall file an accounting report before the entry of a final judgment of adoption. (b) Contents. The accounting report shall include: (1) a statement of all payments and disbursements of money or anything of value, including benefits in kind, made by or on behalf of any petitioner in connection with the adoption; (2) the approximate date the payment or disbursement was made or the benefit was provided; (3) the name of the payee and the beneficiary; and (4) the amount of the payment or disbursement or the reasonable value of the benefit provided. The court may require the production of documentation to substantiate the accounting report. HISTORY: (Amended June 4, 2007, effective July 1, 2007.) MARYLAND RULES TITLE 9. FAMILY LAW ACTIONS CHAPTER 100. ADOPTION; GUARDIANSHIP TERMINATING PARENTAL RIGHTS Md. Rule 9-111 (2012) Rule 9-111. Judgment of adoption or guardianship (a) Time. The court may not enter a judgment of adoption or guardianship before the time set forth in Code, Family Law Article: (1) 5-319 in a Public Agency Guardianship; (2) 5-336 in a Public Agency Adoption without Prior TPR; (3) 5-348 in a Public Agency Adoption after TPR; (4) 5-3A-17 in a Private Agency Guardianship; (5) 5-3A-33 in a Private Agency Adoption; or (6) 5-3B-18 in an Independent Adoption. (b) Information from other court. If a required consent indicates that any revocation of the consent must be filed in a court other than the trial court, the trial court may not enter a judgment of adoption or guardianship until it has obtained from the other court a copy of all papers filed in

connection with the consent or an affidavit of the clerk of the other court that no papers were filed in connection with the consent. (c) Supplemental report. Before entering a judgment of adoption or guardianship, the court may require a supplemental written report from the investigating officer or agency. (d) Change of name. If the name of the person adopted is changed, the judgment of adoption shall state the new name of the person adopted and the names of the adopting parents. (e) Spouse of parent. If the adopting parent is the spouse of a parent of the person to be adopted, the judgment shall specifically state whether and to what extent the parental rights of the parent are affected. HISTORY: (Amended June 4, 2007, effective July 1, 2007.) MARYLAND RULES TITLE 9. FAMILY LAW ACTIONS CHAPTER 100. ADOPTION; GUARDIANSHIP TERMINATING PARENTAL RIGHTS Md. Rule 9-112 (2012) Rule 9-112. Court records (a) Dockets. The clerk shall keep separate dockets for (1) adoption and guardianship proceedings and (2) revocations of consent to adoption or guardianship for which there are no pending adoption or guardianship proceedings in that county. These dockets are not open to inspection by any person, including the parents, except upon order of court. If the index to a docket is kept apart from the docket itself, the index is open to inspection. (b) Sealing of records. All pleadings and other papers in adoption and guardianship proceedings shall be sealed when they are filed and are not open to inspection by any person, including the parents, except upon an order of court. If a final decree of adoption was entered before June 1, 1947 and the record is not already sealed, the record may be sealed only on motion of a party. The clerk shall notify each person entitled to notice that the adoption has been finalized. HISTORY: (Amended June 4, 2007, effective July 1, 2007.) MARYLAND RULES TITLE 9. FAMILY LAW ACTIONS CHAPTER 100. ADOPTION; GUARDIANSHIP TERMINATING PARENTAL RIGHTS Md. Rule 9-113 (2012) Rule 9-113. Medical and mental health history Except in an adoption by a stepparent or relative, the person authorized to place a minor child

for adoption shall affirm to the court that the person has made reasonable efforts to compile and make available to a prospective adoptive parent (1) all of the prospective adoptee's medical and mental health records that the person has or (2) a comprehensive medical and mental health history of the prospective adoptee and the prospective adoptee's parents, except that the records of the parents shall contain no identifying information unless identifying information was previously exchanged by agreement. HISTORY: (Amended June 4, 2007, effective July 1, 2007.) MARYLAND RULES TITLE 9. FAMILY LAW ACTIONS CHAPTER 200. DIVORCE, ANNULMENT, ALIMONY, CHILD SUPPORT, AND CHILD CUSTODY Md. Rule 9-201 (2012) Rule 9-201. Scope The Rules in this Chapter are applicable to a circuit court action in which divorce, annulment, alimony, child support, custody, or visitation is sought. These Rules do not apply to actions in a juvenile court or actions brought solely under Code, Family Law Article, Title 4, Subtitle 5. HISTORY: (Added Mar. 5, 2001, effective July 1, 2001.) MARYLAND RULES TITLE 9. FAMILY LAW ACTIONS CHAPTER 200. DIVORCE, ANNULMENT, ALIMONY, CHILD SUPPORT, AND CHILD CUSTODY Md. Rule 9-202 (2012) Rule 9-202. Pleading (a) Signing-telephone number. A party shall personally sign each pleading filed by that party and, if the party is not represented by an attorney, shall state in the pleading a telephone number at which the party may be reached during ordinary business hours. Cross references. -- See Rule 1-202 (u). (b) Child custody. When child custody is an issue, each party shall provide in the party's first pleading the information required by Code, Family Law Article, 9.5-209 (a). (c) Amendment to complaint. Except when a judgment of limited divorce has been entered, a complaint may be amended pursuant to Rule 2-341 to include a ground for divorce that by reason of the passage of sufficient time has become a ground for divorce after the filing of the complaint.

(d) Supplemental complaint for absolute divorce after judgment of limited divorce. A party who has obtained a judgment of limited divorce may file a supplemental complaint for an absolute divorce in the same action in which the limited divorce was granted if (1) the sole ground for the absolute divorce is that the basis of the limited divorce by reason of the lapse of sufficient time has become a ground for an absolute divorce and (2) the supplemental complaint is filed not later than two years after the entry of the judgment of limited divorce. Service of the supplemental complaint shall be in accordance with Rule 1-321 if the defendant has an attorney of record in the action at the time the supplemental complaint is filed. Otherwise, service of the supplemental complaint shall be in accordance with Rule 2-121 or in accordance with Rule 2-122. Cross references. -- For automatic termination of an attorney's appearance, see Rule 2-132. (e) Financial statement -- Spousal support. If spousal support is claimed by a party and either party alleges that no agreement regarding support exists, each party shall file a current financial statement in substantially the form set forth in Rule 9-203 (a). The statement shall be filed with the party's pleading making or responding to the claim. If the claim or the denial of an agreement is made in an answer, the other party shall file a financial statement within 15 days after service of the answer. (f) Financial statement -- Child support. If establishment or modification of child support is claimed by a party, each party shall file a current financial statement under affidavit. The statement shall be filed with the party's pleading making or responding to the claim. If the establishment or modification of child support in accordance with the guidelines set forth in Code, Family Law Article, 12-201--12-204 is the only support issue in the action and no party claims an amount of support outside of the guidelines, the required financial statement shall be in substantially the form set forth in Rule 9-203 (b). Otherwise, the statement shall be in substantially the form set forth in Rule 9-203 (a). HISTORY: (Added Mar. 5, 2001, effective July 1, 2001; amended April 5, 2005, effective July 1, 2005; Feb. 10, 2009, effective May 1, 2009; June 7, 2011, effective July 1, 2011.) MARYLAND RULES TITLE 9. FAMILY LAW ACTIONS CHAPTER 200. DIVORCE, ANNULMENT, ALIMONY, CHILD SUPPORT, AND CHILD CUSTODY Md. Rule 9-203 (2012) Rule 9-203. Financial statements (a) Financial statement -- General. Unless section (b) of this Rule applies, a Financial Statement required by Rule 9-202 shall be in substantially the following form:

[caption of case]

FINANCIAL STATEMENT OF (Name) (General) CHILDREN AGE

MONTHLY EXPENSES Item CHILDREN TOTAL SELF

A. PRIMARY RESIDENCE Mortgage

Insurance (homeowners)

Rent/Ground Rent

Taxes

Gas & Electric

Electric Only

Heat (oil)

Telephone

Trash Removal

Water Bill

Cell Phone/Pager

Repairs

Lawn & Yard Care (snow removal)

Replacement Furnishings/Appliances

Condominium Fee (not included elsewhere)

Painting/Wallpapering

Carpet Cleaning

Domestic Assistance/Housekeeper

Pool

Other:

SUB TOTAL

B. SECONDARY RESIDENCE (i.e. Summer Home/Rental) Mortgage

Insurance (homeowners)

Rent/Ground Rent

Taxes

Gas & Electric

Electric Only

Heat (oil)

Telephone

Trash Removal

Water Bill

Cell Phone/Pager

Repairs

Lawn & Yard Care (snow removal)

Replacement Furnishings/Appliances

Condominium Fee (not included elsewhere)

Painting/Wallpapering

Carpet Cleaning

Domestic Assistance/Housekeeper

Pool

Other:

SUB TOTAL

C. OTHER HOUSEHOLD NECESSITIES Food

Drug Store Items

Household Supplies

Other:

SUB TOTAL

D. MEDICAL/DENTAL Health Insurance

Therapist/Counselor

Extraordinary Medical

Dental/Orthodontia

Ophthalmologist/Glasses

Other:

SUB TOTAL

E. SCHOOL EXPENSES Tuition/Books

School lunch

Extracurricular activities

Clothing/Uniforms

Room & Board

Daycare/Nursery School

Other:

SUB TOTAL

F. RECREATION & ENTERTAINMENT Vacations

Videos/Theater

Dining Out

Cable TV/Internet

Allowance

Camp

Memberships

Dance/Music Lessons etc.

Horseback Riding

Other:

SUB TOTAL

G. TRANSPORTATION EXPENSE

Automobile Payment

Automobile Repairs

Maintenance/Tags/Tires/etc.

Oil/Gas

Automobile Insurance

Parking Fees

Bus/Taxi

Other:

SUB TOTAL

H. GIFTS Holiday Gifts

Birthdays

Gifts to others

Charities

SUB TOTAL

J. CLOTHING Purchasing

Laundry

Alterations/Dry Cleaning

Other:

SUB TOTAL

K. INCIDENTALS Books & Magazines

Newspapers

Stamps/Stationery

Banking Expense

Other:

SUB TOTAL

L. MISCELLANEOUS/OTHER Alimony/Child Support (from a previous Order)

Religious Contributions

Hairdresser/Haircuts

Manicure/Pedicure

Pets/Boarding

Life Insurance

Other:

SUB TOTAL

TOTAL MONTHLY EXPENSES:

Number of Dependent Children, including children who have not attained the age of 19 years, are not married or self-supporting, and are enrolled in secondary school:

INCOME STATEMENT GROSS MONTHLY WAGES: $ Deductions:

Federal State Medicare F.I.C.A. Retirement $

$ $ $

Total Deductions: NET INCOME FROM WAGES: $

OTHER GROSS INCOME: (alimony, part-time job, rentals etc.) $ Deductions: a. b. c. Total deductions from Other income: $

NET OTHER INCOME: $

TOTAL MONTHLY INCOME $

ASSETS & LIABILITIES ASSETS:

Real Estate Furniture (in the marital home) Bank Accounts/Savings U.S. Bonds Stocks/Investments Personal Property Jewelry Automobiles Boats Other: $ $ $

$ $ $ $ $ $

TOTAL ASSETS: $

LIABILITIES:

Mortgage Automobiles Notes payable to relatives Bank Loans Accrued Taxes

$ $ $ $ $ $

Balance of Credit Card Accounts a. b. c. Other: TOTAL LIABILITIES: $

TOTAL NET WORTH: $

SUMMARY:

TOTAL INCOME: $ TOTAL EXPENSES: $ EXCESS OR DEFICIT: $

I solemnly affirm under the penalties of perjury that the contents of the foregoing Financial Statement, Monthly Expense List, and Assets and Liabilities Statement are true to the best of my knowledge, information, and belief.

Date

Signature

(b) Financial statement -- Child support guidelines. If the establishment or modification of child support in accordance with the guidelines set forth in Code, Family Law Article, 12-201--12-204 is the only support issue in the action and no party claims an amount of support outside of the guidelines, the financial statement required by section (f) of Rule 9-202 shall be in substantially the following form: [caption of case] FINANCIAL STATEMENT (Child Support Guidelines)

I,

, state that: My name

I am the State Relationship (for example, mother, father, aunt, grandfather, guardian, etc.)

of the minor child(ren), including children who have not attained the age of 19 years, are not married or self-supporting, and are enrolled in secondary school:

Name Name Date of Birth

Date of Birth

Name Name Date of Birth

Date of Birth

Name

Date of Birth

Name Date of Birth

The following is a list of my income and expenses (see below*): * To figure the monthly amount of expenses, weekly expenses should be multiplied by 4.3 and yearly expenses should be divided by 12. If you do not pay the same amount each month for any of the categories listed, figure what your average monthly expense is. See definitions on other side before filling out. Total monthly income (before taxes) $ Child support I am paying for my other child(ren) each month Alimony I am paying each month to (Name of Person(s)) Alimony I am receiving each month from (Name of Person(s))

For the child or children listed above: The monthly health insurance premium Work-related monthly child care expenses Extraordinary monthly medical expenses

School and transportation expenses

I solemnly affirm under the penalties of perjury that the contents of the foregoing paper are true to the best of my knowledge, information, and belief.

Date [side 2 of form]

Signature

Total Monthly Income: Include income from all sources including self-employment, rent, royalties, business income, salaries, wages, commissions, bonuses, dividends, pensions, interest, trusts, annuities, social security benefits, workers compensation, unemployment benefits, disability benefits, alimony or maintenance received, tips, income from side jobs, severance pay, capital gains, gifts, prizes, lottery winnings, etc. Do not report benefits from means-tested public assistance programs, such as food stamps or AFDC. Extraordinary Medical Expenses: Uninsured expenses over $ 100 for a single illness or condition including orthodontia, dental treatment, asthma treatment, physical therapy, treatment for any chronic health problems, and professional counseling or psychiatric therapy for diagnosed mental disorders. Child Care Expenses: Actual child care expenses incurred on behalf of a child due to employment or job search of either parent with amount to be determined by actual experience or the level required to provide quality care from a licensed source. School and Transportation Expenses: Any expenses for attending a special or private elementary or secondary school to meet the particular needs of the child and expenses for transportation of the child between the homes of the parents. (c) Amendment to financial statement. If there has been a material change in the information

furnished by a party in a financial statement filed pursuant to Rule 9-202, the party shall file an amended statement and serve a copy on the other party at least ten days before the scheduled trial date or by any earlier date fixed by the court. (d) Inspection of financial statements. Except as provided in this section, inspection of a financial statement filed pursuant to the Rules in this Chapter is governed by Code, State Government Article, 10-617 (a) and (f). A financial statement is open to inspection if it is an exhibit (1) attached to a motion that has been ruled upon by the court or (2) marked for identification at trial, whether or not offered in evidence, and if offered, whether or not admitted. A party who does not want the financial statement open to public inspection pursuant to this section may make a motion at any time to have it sealed. HISTORY: (Added Mar. 5, 2001, effective July 1, 2001; amended Oct. 31, 2002, effective Jan. 1, 2003; May 8, 2007, effective July 1, 2007.) MARYLAND RULES TITLE 9. FAMILY LAW ACTIONS CHAPTER 200. DIVORCE, ANNULMENT, ALIMONY, CHILD SUPPORT, AND CHILD CUSTODY Md. Rule 9-204 (2012) Rule 9-204. Educational seminar (a) Applicability. This Rule applies in an action in which child support, custody, or visitation is involved and the court determines to send the parties to an educational seminar designed to minimize disruptive effects of separation and divorce on the lives of children. Cross references. -- Code, Family Law Article, 7-103.2. (b) Order to attend seminar. (1) Subject to subsection (b) (2) of this Rule and as allowed or required by the county's case management plan required by Rule 16-202 b., the court may order the parties to attend an educational seminar within the time set forth in the plan. The content of the seminar shall be as prescribed in section (c) of this Rule. If a party who has been ordered to attend a seminar fails to do so, the court may not use its contempt powers to compel attendance or to punish the party for failure to attend, but may consider the failure as a factor in determining custody and visitation. (2) A party who (A) is incarcerated, (B) lives outside the State in a jurisdiction where a comparable seminar or course is not available, or (C) establishes good cause for exemption may not be ordered to attend the seminar. Committee note. -- Code, Family Law Article, 7-103.2 (c)(2)(v) prohibits exemption based on evidence of domestic violence, child abuse, or neglect. (c) Content. The seminar shall consist of one or two sessions, totaling six hours. Topics shall

include: (1) the emotional impact of divorce on children and parents; (2) developmental stages of children and the effects of divorce on children at different stages; (3) changes in the parent-child relationship; (4) discipline; (5) transitions between households; (6) skill-building in (A) parental communication with children and with each other, (B) explaining divorce to children, (C) problem-solving and decision-making techniques, (D) conflict resolution, (E) coping strategies, (F) helping children adjust to family changes, (G) avoiding inappropriate interactions with the children, and (H) developing constructive parenting arrangements; and (7) resources available in cases of domestic violence, child abuse, and neglect. (d) Scheduling. The provider of the seminar shall establish scheduling procedures so that parties in actions where domestic violence, child abuse, or neglect is alleged do not attend the seminar at the same time and so that any party who does not wish to attend a seminar at the same time as the opposing party does not have to do so. (e) Costs. The fee for the seminar shall be set in accordance with Code, Courts Article, 7-202. Payment may be compelled by order of court and assessed among the parties as the court may direct. For good cause, the court may waive payment of the fee. HISTORY: (Added Mar. 5, 2001, effective July 1, 2001.) MARYLAND RULES TITLE 9. FAMILY LAW ACTIONS CHAPTER 200. DIVORCE, ANNULMENT, ALIMONY, CHILD SUPPORT, AND CHILD CUSTODY

Md. Rule 9-205 (2012) Rule 9-205. Mediation of child custody and visitation disputes (a) Scope of Rule. This Rule applies to any case under this Chapter in which the custody of or visitation with a minor child is an issue, including an initial action to determine custody or visitation, an action to modify an existing order or judgment as to custody or visitation, and a petition for contempt by reason of non-compliance with an order or judgment governing custody or visitation. (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 would likely be beneficial to the parties or the child; and (B) a properly qualified mediator 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 physical or sexual abuse of the party or child, and that, as a result, mediation would be inappropriate, the court shall not order mediation. (3) If the court concludes that mediation is appropriate and feasible, 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 the action pending the mediation on terms and conditions set forth in the order. Cross references. -- With respect to subsection b (2) of this Rule, see Rule 1-341 and Rules 3.1 and 3.3 of the Maryland Lawyers' Rules of Professional Conduct. (c) Scope of mediation. (1) The court's initial order may not require the parties to attend more than two mediation sessions. For good cause shown and upon the recommendation of the mediator, the court may order up to two additional mediation sessions. The parties may agree to further mediation. (2) Mediation under this Rule shall be limited to the issues of custody and visitation unless the parties agree otherwise in writing. (d) If agreement. If the parties agree on some or all of the disputed issues, the mediator may assist the parties in making a record of the points of agreement. The mediator shall provide copies of any memorandum of points of agreement to the parties and their attorneys for review and signature. If the memorandum is signed by the parties as submitted or as modified by the parties, a copy of the signed memorandum shall be sent to the mediator, who shall submit it to the court.

Committee note. -- It is permissible for a mediator to make a brief record of points of agreement reached by the parties during the mediation and assist the parties in articulating those points in the form of a written memorandum, so that they are clear and accurately reflect the agreements reached. Mediators should act only as scribes recording the parties' points of agreement, and not as drafters creating legal memoranda. (e) If no agreement. If no agreement is reached or the mediator determines that mediation is inappropriate, the mediator shall so advise the court but shall not state the reasons. If the court does not order mediation or the case is returned to the court after mediation without an agreement as to all issues in the case, the court promptly shall schedule the case for hearing on any pendente lite or other appropriate relief not covered by a mediation agreement. (f) Confidentiality. Confidentiality of mediation communications under this Rule is governed by Rule 17-109. Cross references. -- For the definition of "mediation communication," see Rule 17-102 (e). (g) Costs. Payment of the compensation, fees, and costs of a mediator may be compelled by order of court and assessed among the parties as the court may direct. In the order for mediation, the court may waive payment of the compensation, fees, and costs. Cross references. -- For the qualifications and selection of mediators, see Rule 17-104. HISTORY: (Added Mar. 5, 2001, effective July 1, 2001; Nov. 1, 2001, effective Jan. 1, 2002; Feb. 8, 2005, effective July 1, 2005.) MARYLAND RULES TITLE 9. FAMILY LAW ACTIONS CHAPTER 200. DIVORCE, ANNULMENT, ALIMONY, CHILD SUPPORT, AND CHILD CUSTODY Md. Rule 9-205.0 (2012) Rule 9-205.0. Appointment of child's counsel (a) Applicability. This Rule applies to the appointment of child's counsel in actions involving child custody or child access. Cross references. -- See Code, Family Law Article, 1-202 and the Maryland Guidelines for Practice for Court-Appointed Lawyers Representing Children in Cases Involving Child Custody or Child Access. (b) Factors. In determining whether to appoint child's counsel, the court should consider the nature

of the potential evidence to be presented, other available methods of obtaining information, including social service investigations and evaluations by mental health professionals, and available resources for payment. Appointment may be most appropriate in cases involving the following factors, allegations, or concerns: (1) request of one or both parties; (2) high level of conflict; (3) inappropriate adult influence or manipulation; (4) past or current child abuse or neglect; (5) past or current mental health problems of the child or party; (6) special physical, educational, or mental health needs of the child that require investigation or advocacy; (7) actual or threatened family violence; (8) alcohol or other substance abuse; (9) consideration of terminating or suspending parenting time or awarding custody or visitation to a non-parent; (10) relocation that substantially reduces the child's time with a parent, sibling, or both; or (11) any other factor that the court considers relevant. A court should provide for adequate and effective child's counsel in all cases in which an appointment is warranted, regardless of the economic status of the parties. The court should make the appointment as soon as practicable after it determines that the appointment is warranted. A court should appoint only lawyers who have agreed to serve in child custody and child access cases in the assigned role and have been trained in accordance with Guideline 4 of the Maryland Guidelines for Practice for Court-Appointed Lawyers Representing Children in Cases Involving Child Custody or Child Access. In making appointments, the court should fairly and equitably distribute cases among all qualified attorneys, taking into account the attorney's availability and caseload. Before asking an attorney to provide representation pro bono publico to a child, the court should consider the number of other similar cases the attorney has recently accepted on a pro bono basis from the court. (c) Appointment order. (1) Content. An order appointing child's counsel shall: (A) specify whether the attorney is to serve as a Child's Best Interest Attorney, Child's Advocate

Attorney, or Child's Privilege Attorney; (B) authorize the appointed attorney to have reasonable access to the child and to all otherwise privileged or confidential information about the child, without the necessity of any further order of court or the execution of a release; (C) permit the attorney to participate in discovery under Title 2 of these Rules as though the child were a party; (D) provide that the service and notice provisions in Title 1 of these Rules apply as though the child were a party; (E) state any other duties or responsibilities required by the court; (F) state when the appointment terminates; and (G) unless the attorney has agreed to serve pro bono publico, include provisions concerning compensation for the attorney. Cross references. -- The court should write an appointment order in plain language, understandable to non-lawyers. (2) Copies to parties and counsel. The court shall send a copy of the order appointing counsel to each attorney of record and to each party, whether or not represented by an attorney. HISTORY: (Added May 8, 2007, effective July 1, 2007.) MARYLAND RULES TITLE 9. FAMILY LAW ACTIONS CHAPTER 200. DIVORCE, ANNULMENT, ALIMONY, CHILD SUPPORT, AND CHILD CUSTODY Md. Rule 9-205.2 (2012) Rule 9-205.2. Parenting Coordination (a) Applicability. This Rule applies to the appointment of parenting coordinators by a court and to consent orders approving the employment of parenting coordinators by the parties in actions under this Chapter. Committee note. -- Actions in which parenting coordination may be used include an initial action to determine custody or visitation and an action to modify an existing order or judgment as to custody or visitation. (b) Definitions. In this Rule, the following definitions apply: (1) Parenting Coordination. "Parenting coordination" means a process in which the parties work

with a parenting coordinator to reduce the effects or potential effects of conflict on the parties' child. Although parenting coordination may draw upon alternative dispute resolution techniques, parenting coordination is not governed by the Rules in Title 17, except as otherwise provided in this Rule. (2) Parenting Coordinator. "Parenting coordinator" means an impartial provider of parenting coordination services. (c) Qualifications of Parenting Coordinator. (1) Age, Education, and Experience. To be designated or approved by the court as a parenting coordinator, an individual shall: (A) be at least 21 years old and hold a bachelor's degree from an accredited college or university; (B) hold a post-graduate degree in psychology, social work, counseling, negotiation, conflict management, or a related subject area, or from an accredited medical or law school; (C) have at least three years of related professional experience undertaken after receiving the postgraduate degree; and (D) hold a current license if required in the individual's area of practice. (2) Parenting Coordination Training. A parenting coordinator also shall have completed: (A) at least 20 hours of training in a family mediation training program meeting the requirements of Rule 17-106 (b); and (B) at least 40 hours of accredited specialty training in topics related to parenting coordination, including conflict coaching, developmental stages of children, dynamics of high conflict families, family violence dynamics, parenting skills, problem-solving techniques, and the stages and effects of divorce. Committee note. -- The accredited specialty training requirement may be met by training offered by recognized national organizations such as the American Bar Association or the Association of Family and Conciliation Courts. (3) Continuing Education. Within each calendar year, a parenting coordinator shall complete a minimum of four hours of continuing education approved by the Administrative Office of the Courts in one or more of the topics listed in subsection (c)(2) of this Rule and in recent developments in family law. The Administrative Office shall maintain a list of approved continuing education programs. (d) Parenting Coordinator Lists. An individual who has the qualifications listed in section (c) of this Rule and seeks court appointment as a parenting coordinator shall submit an application to the family support services coordinator of the circuit court for each county in which the individual

seeks appointment. The application shall document that the individual meets the qualifications required in section (c) of this Rule. If satisfied that the applicant meets the qualifications, the family support services coordinator shall place the applicant's name on a list of qualified individuals which, together with the information submitted by each individual on the list, shall be accessible to the public. (e) Approval of Parenting Coordinator Employed by Parties. In any action in which the custody of or visitation with a child of the parties is or was at issue, the parties, by agreement, may employ a parenting coordinator to assist them in dealing with existing or future conflicts regarding their access to and responsibilities for the child. The parties may jointly request the court to enter a consent order approving the agreement. The court shall enter such an order if it finds that the parenting coordinator has the qualifications set forth in section (c) of this Rule and that the agreement: (1) is in writing and signed by the parties and the parenting coordinator; (2) states the services to be provided by the parenting coordinator; (3) states the extent to which the parenting coordinator may receive confidential or privileged information pertaining to the child or the parties and any limitations on the use of that information by the parenting coordinator; (4) states the amount or rate of compensation to be paid to the parenting coordinator, which may exceed the amount or rate provided for in section (k) of this Rule; and (5) is otherwise consistent with the best interest of the child. Committee note. -- Parties who, by agreement, employ a parenting coordinator on their own initiative are not required to seek court approval. Section (e) of this Rule applies only if they request a court order approving the agreement. (f) Appointment of Parenting Coordinator by Court. In an action in which the custody of or visitation with a child of the parties is in issue and the court determines that the level of conflict between the parties with respect to that issue so warrants, the court may appoint a parenting coordinator in accordance with this section. (1) Appointment During Pendency of Action. On motion of a party, on joint request of the parties, or on the court's own initiative and after notice and hearing, the court may appoint a parenting coordinator during the pendency of the action. Unless sooner terminated in accordance with this Rule, the appointment shall terminate upon the entry of a judgment granting or modifying custody or visitation. (2) Appointment Upon Entry of Judgment. Upon entry of a judgment granting or modifying custody or visitation, the court, with the consent of the parties and after a hearing, may appoint a parenting coordinator. The court may appoint the individual who served as a parenting coordinator during the pendency of the action. Unless sooner terminated in accordance with this Rule, the

appointment of a post-judgment parenting coordinator shall not exceed two years unless the parties and the parenting coordinator agree in writing to an extension for a specified longer period. Committee note. -- Appointment of a parenting coordinator does not affect the applicability of Rules 9-204, 9-205, or 9-205.1, nor does the appointment preclude the use of an alternative dispute resolution process under Title 17 of these Rules. (3) Selection. The court may not appoint an individual as a parenting coordinator unless the individual: (A) has the qualifications listed in section (c) of this Rule, (B) is willing to serve as the parenting coordinator in the action, and (C) agrees not to charge or accept a fee in excess of that allowed in the applicable fee schedule adopted pursuant to subsection (k)(1) of this Rule. (4) Contents of Order or Judgment. An order or judgment appointing a parenting coordinator shall include: (A) the name, business address, e-mail address, and telephone number of the parenting coordinator; (B) if there are allegations or findings of domestic violence committed by or against a party or child, any provisions the court deems necessary to address the safety and protection of the parties, all children of the parties, other children residing in the home of a party, and the parenting coordinator; and Committee note. -- The order must be consistent with the relevant provisions of any other existing order, such as a "no contact" requirement that is included in a civil protective order or is a condition of pre-trial release in a criminal case. (C) if the appointment is of a post-judgment parenting coordinator, any decision-making authority of the parenting coordinator authorized pursuant to subsection (g)(9) of this Rule. (g) Services Permitted. As appropriate, a parenting coordinator may: (1) if there is no operative custody and visitation order, work with the parties to develop an agreed plan for custody and visitation; (2) if there is an operative custody and visitation order, assist the parties in amicably resolving disputes about the interpretation of and compliance with the order and in making any joint recommendations to the court for any changes to the order; (3) educate the parties about making and implementing decisions that are in the best interest of the child;

(4) assist the parties in developing guidelines for appropriate communication between them; (5) suggest resources to assist the parties; (6) assist the parties in modifying patterns of behavior and in developing parenting strategies to manage and reduce opportunities for conflict in order to reduce the impact of any conflict upon their child; (7) in response to a subpoena issued at the request of a party or an attorney for a child of the parties, or upon action of the court pursuant to Rule 2-514 or 5-614, produce documents and testify in the action as a fact witness; (8) if concerned that a party or child is in imminent physical or emotional danger, communicate with the court or court personnel to request an immediate hearing; and (9) decide post-judgment disputes by making minor, temporary modifications to child access provisions ordered by the court if (A) the judgment or post-judgment order of the court authorizes such decision making, and (B) the parties have agreed in writing or on the record that the postjudgment parenting coordinator may do so. Committee note. -- Examples of such modifications include one-time or minor changes in the time or place for child transfer and one-time or minor deviations from access schedules to accommodate special events or circumstances. (h) Services Not Permitted. A parenting coordinator may not: (1) except as permitted by subsections (g)(7) and (8) of this Rule, communicate orally or in writing with the court or any court personnel regarding the substance of the action; Committee note. -- This subsection does not prohibit communications with respect to routine administrative matters; collection of fees, including submission of records of the number of contacts with each party and the duration of each contact; or resignation. Nothing in the subsection affects the duty to report child abuse or neglect under any provision of federal or State law or the right of the parenting coordinator to defend against allegations of misconduct or negligence. (2) testify in the action as an expert witness; or Cross reference: See Rule 5-702 as to expert witnesses. Cross references. -- See Rule 5-702 as to expert witnesses. (3) except for decision making by a post-judgment parenting coordinator authorized pursuant to subsection (g)(9) of this Rule, make parenting decisions on behalf of the parties. (i) Confidential Information.

(a) Access to Case Records. Except as otherwise provided in this subsection, the parenting coordinator shall have access to all case records in the action. If a document or any information contained in a case record is not open to public inspection under the Rules in Title 16, Chapter 1000, the court shall determine whether the parenting coordinator may have access to it and shall specify any conditions to that access. Cross references. -- See Rule 16-1001 for the definition of "case record." (2) Other Confidential Information. (A) A parenting coordinator may not require or coerce the parties or an attorney for the child to release any confidential information that is not included in the case record (B) Confidential or privileged information received by the parenting coordinator from a party or from a third person with the consent of a party may be disclosed by the parenting coordinator to the other party, to an attorney for the child, and in court pursuant to subsections (g)(7) and (8) of this Rule. Unless otherwise required by law, the parenting coordinator may not disclose the information to anyone else without the consent of the party who provided the information or consented to a third person providing it. (j) Removal or Resignation of Parenting Coordinator. (1) Removal. The court shall remove a parenting coordinator: (A) on motion of a party or an attorney for the child, if the court finds good cause, or (B) on a finding that continuation of the appointment is not in the best interest of the child. (2) Resignation. A parenting coordinator may resign at any time by written notice sent by firstclass mail to each party and any attorney for the child. The notice shall state the effective date of the resignation and that the parties may request the appointment of another parenting coordinator. The notice shall be sent at least 15 days before the effective date of the resignation. Promptly after mailing the notice, and at least seven days before the effective date of resignation, the parenting coordinator shall file a copy of the notice with the court. (k) Fees. (1) Fee Schedules. Subject to the approval of the Chief Judge of the Court of Appeals, the county administrative judge of each circuit court may develop and adopt maximum fee schedules for parenting coordinators. In developing the fee schedules, the county administrative judge shall take into account the availability of qualified individuals willing to provide parenting coordination services and the ability of litigants to pay for those services. A parenting coordinator appointed by the court may not charge or accept a fee for parenting coordination services in that action in excess of the fee allowed by the applicable schedule. Violation of this subsection shall be cause for removal from all lists maintained pursuant to section (d) of this Rule, Rule 9-205, and the Rules in Title 17.

(2) Allocation of Fees and Expenses. Subject to any agreement entered into by the parties pursuant to section (e) of this Rule, the court shall designate how and by whom the parenting coordinator shall be paid. If the court finds that the parties have the financial means to pay the fees and expenses of the parenting coordinator, the court shall allocate the fees and expenses of the parenting coordinator between the parties and may enter an order against either or both parties for the reasonable fees and expenses. HISTORY: (Added June 7, 2011, effective July 1, 2011.) MARYLAND RULES TITLE 9. FAMILY LAW ACTIONS CHAPTER 200. DIVORCE, ANNULMENT, ALIMONY, CHILD SUPPORT, AND CHILD CUSTODY Md. Rule 9-206 (2012) Rule 9-206. Child support guidelines (a) Definitions. The following definitions apply in this Rule: (1) Shared physical custody. "Shared physical custody" has the meaning stated in Code, Family Law Article, 12-201 (i). (2) Worksheet. "Worksheet" means a document to compute child support under the guidelines set forth in Code, Family Law Article, Title 12, Subtitle 2. (b) Filing of worksheet. In an action involving the establishment or modification of child support, each party shall file a worksheet in the form set forth in section (c) or (d) of this Rule. Unless the court directs otherwise, the worksheet shall be filed not later than the date of the hearing on the issue of child support. Cross references. -- See Code, Family Law Article, 12-203 (a) and Walsh v. Walsh, 333 Md. 492 (1994). (c) Primary physical custody. Except in cases of shared physical custody, the worksheet shall be in substantially the following form:

In the Circuit Court for

v.

No.

WORKSHEET A -- CHILD SUPPORT OBLIGATION: PRIMARY PHYSICAL CUSTODY

Name of Child Date of Birth Name of Child Date of Birth

Name of Child Date of Birth Name of Child Date of Birth

Name of Child Date of Birth Name of Child Date of Birth

Mother Father Combined 1. MONTHLY ACTUAL INCOME (Before

////////// taxes) (Code, Family Law Article, 12-201 (b)) $ $ //////////

a. Minus preexisting child support ////////// payment actually paid ////////// b. Minus alimony actually paid -

//////////

c. Plus/minus alimony awarded in ////////// this case +/////////// 2. MONTHLY ADJUSTED ACTUAL INCOME $ $ $ 3. PERCENTAGE SHARE OF INCOME ////////// Divide each parent's income ////////// on line 2 by the combined income ////////// on line 2. % +/-

% ////////// 4. BASIC CHILD SUPPORT OBLIGATION //////// //////// (Apply line 2 Combined Income to Child //////// //////// Support Schedule.) //////// $ a. Work-Related Child Care Expenses (Code, Family Law Article 12-204 (g)) $ $ + b. Health Insurance Expenses (Code, Family Law Article 12-204 (h) (1)) $ $ + c. Extraordinary Medical Expenses (Code, Family Law Article, 12-204 (h) (2) $ + d. Cash Medical Support $ ////////

(Code, Family Law Article, 12-102 (c) -- applies only to a child support order under Title IV, Part D of the Social Security Act) $ + e. Additional Expenses (Code, Family Law Article, 12-204 (i)) $ + 5. TOTAL CHILD SUPPORT OBLIGATION //////// ////////// (Add lines 4, 4a, 4b, 4c, 4d, and 4e). //////// ///////// $ $ $

6. EACH PARENT'S CHILD SUPPORT ////////// OBLIGATION (Multiply line ////////// 5 by line 3 for each parent.) $ $ ////////// 7. TOTAL DIRECT PAY BY EACH PARENT //////////

(Add the expenses shows on lines ////////// 4a, 4b, 4c, 4d, and 4e paid by ////////// each parent.) $ ////////// 8. RECOMMENDED CHILD SUPPORT AMOUNT ////////// (Subtract line 7 from line 6 for each parent) $ $ ////////// 9. RECOMMENDED CHILD SUPPORT ORDER ////////// (Bring down amount from line 8 for ////////// the non-custodial parent only. ////////// If this is a negative ////////// number, see Comment (2), below.) $ $ ////////// Comments or special adjustments, such as (1) any adjustment for certain third party benefits paid to or for the child of an obligor who is disabled, retired, or receiving benefits as a result of a compensable claim (see Code, Family Law Article, 12-204 (j) or (2) that there is a negative dollar amount on line 9, which indicates a recommended child support order directing the custodial parent to reimburse the non-custodial parent this amount for "direct pay" expenses): $

PREPARED BY:

DATE:

(d) Shared physical custody. In cases of shared physical custody, the worksheet shall be in substantially the following form:

In the Circuit Court for v.

No.

WORKSHEET B -- CHILD SUPPORT OBLIGATION: SHARED PHYSICAL CUSTODY

Name of Child Name of Child Date of Birth

Date of Birth

Name of Child Name of Child Date of Birth

Date of Birth

Name of Child Name of Child Date of Birth

Date of Birth

Mother Father Combined 1. MONTHLY ACTUAL INCOME (Before ////////// taxes) $ ////////// (Code, Family Law Article, 12-201 (b)) a. Minus preexisting child support ////////// payment actually paid ////////// $

b. Minus alimony actually paid -

//////////

c. Plus/minus alimony awarded in ////////// this case +/////////// 2. MONTHLY ADJUSTED ACTUAL INCOME $ $ $ 3. PERCENTAGE SHARE OF INCOME ////////// Divide each parent's income ////////// on line 2 by the combined ////////// income on line 2.) % ////////// 4. BASIC CHILD SUPPORT OBLIGATION //////// //////// (Apply line 2 Combined Income //////// to Child Support Schedule.) //////// //////// //////// $ % +/-

5. ADJUSTED BASIC CHILD SUPPORT //////// ////////

OBLIGATION (Multiply Line 4 by 1.5) //////// //////// $ 6. OVERNIGHTS with each parent (must total 365) 365 7. PERCENTAGE WITH EACH PARENT ////////// (Line 6 divided by 365) % B % ////////// STOP HERE IF Line 7 is less than 35% //////// for either parent. Shared physical //////// custody does not apply. (Use //////// Worksheet A, instead.) //////// A

//////// ////////// //////// //////////

//////// ////////// //////// //////////

8. EACH PARENT'S THEORETICAL CHILD ////////// SUPPORT OBLIGATION (Multiply line ////////// 5 by line 3 for each //////////

parent.) B$

A$ //////////

9. BASIC CHILD SUPPORT OBLIGATION ////////// FOR TIME WITH OTHER PARENT ////////// (Multiply line 8A by line 7B ////////// and put answer on line 9A.) ////////// (Multiply line 8B by line 7A ////////// and put answer on line 9B.) A$ B$ ////////// 10. NET BASIC CHILD SUPPORT ////////// OBLIGATION (Subtract lesser ////////// amount from greater amount in ////////// line 9 and place answer here ////////// under column with greater amount ////////// in Line 9.) $ ////////// $

11. EXPENSES: //////// a. Work-Related Child Care //////// Expenses //////// (Code, Family Law Article, //////// 12-204 (g)) //////// + b. Health Insurance Expenses //////// (Code, Family Law Article //////// (Code, Family Law Article //////// 12-204 (h) (1)) //////// + c. Extraordinary Medical //////// Expenses //////// (Code, Family Law Article, //////// 12-204 (h) (2)) //////// + d. Cash Medical Support //////// //////// //////// ////////

////////

////////

//////// //////// //////// ////////

//////// ////////

////////

//////// (Code, Family Law Article, //////// 12-102 (c) -- applies only to //////// a child support order under //////// Title IV, Part D of the Social //////// Security Act) ////////

//////// //////// //////// //////// //////// //////// +

e. Additional Expenses //////// (Code, Family Law Article, //////// 12-204 (i)) ////////

//////// //////// //////// +

12. NET ADJUSTMENT FROM WORKSHEET ////////// C. Enter amount from line l, ////////// WORKSHEET C, if applicable. If ////////// not, continue to Line 13. $ ////////// 13. NET BASIC CHILD SUPPORT ////////// $

OBLIGATION (From Line 10, ////////// WORKSHEET B) $ ////////// 14. RECOMMENDED CHILD SUPPORT ORDER ////////// (If the same parent owes money ////////// under Lines 12 and 13, add ////////// these two figures to obtain ////////// the amount owed by that parent. If ////////// one parent owes money under ////////// Line 12 and the other owes ////////// money under Line 13, subtract ////////// the lesser amount from the ////////// greater amount to obtain the ////////// difference. The parent owing ////////// the greater of the two amounts ////////// on Lines 12 and 13 will owe $

////////// that difference as the child ////////// support obligation. NOTE: The ////////// amount owed in a shared custody ////////// arrangement may not exceed the ////////// amount that would be owed if ////////// the obligor parent were a ////////// noncustodial parent. See ////////// WORKSHEET A). $ ////////// PREPARED BY: DATE: $

Comments, or special adjustments, such as any adjustment for certain third party benefits paid to or for the child of an obligor who is disabled, retired, or receiving benefits as a result of a compensable claim (see Code, Family Law Article, 12-204 (j)):

INSTRUCTIONS FOR WORKSHEET C: Use Worksheet C ONLY if any of the Expenses listed in lines 11 a, 11 b, 11 c, 11 d, or 11 e is directly paid out or

received by the parents in a different proportion than the percentage share of income entered on line 3 of Worksheet B. Example: If the mother pays all of the day care, or parents split education/medical costs 50/50 and line 3 is other than 50/50. If there is more than one 11 e expense, the calculations on lines i and j below must be made for each expense.

WORKSHEET C -- FOR ADJUSTMENTS, LINE 12, WORKSHEET B

Mother Father a. Total amount of direct payments made for Line 11a expenses multiplied by each parent's percentage of income (Line 3, WORKSHEET B) (Proportionate share) $ b. The excess amount of direct payments made by the parent who pays more than the amount calculated in Line a, above. (The difference between amount paid and proportionate share) $ c. Total amount of direct payments made for Line 11b expenses multiplied by each parent's percentage of income (Line 3, WORKSHEET B) $ $ $ $

d. The excess amount of direct payments made by the parent who pays more than the amount calculated in Line c, above. $ $ e. Total amount of direct payments made for Line 11 c expenses multiplied by each parent's percentage of income (Line 3, WORKSHEET B) $ $ f. The excess amount of direct payments made by the parent who pays more than the amount calculated in Line e, above. $ $ g. Total amount of direct payments made for Line 11 d expenses multiplied by each parent's percentage of income (Line 3, WORKSHEET B) $ h. The excess amount of direct payments made by the parent who pays more than the amount calculated in Line g, above. $ $ $

i. Total amount of direct payments made for Line 11 e expenses multiplied by each parent's percentage of income (Line 3, WORKSHEET B). $ j. The excess amount of direct payments made by the parent who pays more than the amount calculated in Line i, above. $ $ k. For each parent, add lines b, d, f, h, and j $ $ l. Subtract lesser amount from greater amount in Line k, above. Place the answer on this line under the lesser amount in Line k. Also enter this answer on Line 12 of WORKSHEET B, in the same parent's column. $ $ $

HISTORY: (Added Mar. 5, 2001, effective July 1, 2001; amended Dec. 4, 2007, effective Jan. 1, 2008; amended Oct. 5, 2009, effective Oct. 5, 2009.) MARYLAND RULES TITLE 9. FAMILY LAW ACTIONS CHAPTER 200. DIVORCE, ANNULMENT, ALIMONY, CHILD SUPPORT, AND CHILD CUSTODY

Md. Rule 9-207 (2012) Rule 9-207. Joint statement of marital and non-marital property (a) When required. When a monetary award or other relief pursuant to Code, Family Law Article, 8-205 is an issue, the parties shall file a joint statement listing all property owned by one or both of them. (b) Form of property statement. The joint statement shall be in substantially the following form: JOINT STATEMENT OF PARTIES CONCERNING MARITAL AND NON-MARITAL PROPERTY 1. The parties agree that the following property is "marital property" as defined by Maryland Annotated Code, Family Law Article, 8-201:

Description How Titled Fair Market Value Liens, Encumbrances, of Property Debt Directly or Attributable

Husband's Husband's

Wife's Wife's Husband's Wife's

Assertion Assertion

Assertion Assertion Assertion Assertion

2. The parties agree that the following property is not marital property because the property (a) was acquired by one party before marriage, (b) was acquired by one party by inheritance or gift from a third person, (c) has been excluded by valid agreement, or (d) is directly traceable to any of those sources:

Description How Titled Fair Market Value Liens, Encumbrances, of Property Debt Directly or Attributable

Husband's Husband's

Wife's Wife's Husband's Wife's

Assertion Assertion

Assertion Assertion Assertion Assertion

3. The parties are not in agreement as to whether the following property

is marital or non-marital:

Description How Titled Fair Market Value Liens, Encumbrances, of Property Debt Directly or Attributable

Husband's Husband's

Wife's Wife's Husband's Wife's

Assertion Assertion

Assertion Assertion Assertion Assertion

Date Plaintiff or Attorney

Date

Defendant or Attorney

INSTRUCTIONS: 1. If the parties do not agree about the title or value of any property, the parties shall set forth in the appropriate column a statement that the title or value is in dispute and each party's assertion as to how the property is titled or the fair market value. 2. In listing property that the parties agree is non-marital because the property is directly traceable to any of the listed sources of non-marital property, the parties shall specify the source to which the property is traceable. (c) Time for filing; procedure. The joint statement shall be filed at least ten days before the scheduled trial date or by any earlier date fixed by the court. At least 30 days before the joint statement is due to be filed, each party shall prepare and serve on the other party a proposed statement in the form set forth in section (b) of this Rule. At least 15 days before the joint statement is due, the plaintiff shall sign and serve on the defendant for approval and signature a proposed joint statement that fairly reflects the positions of the parties. The defendant shall timely file the joint statement, which shall be signed by the defendant or shall be accompanied by a written statement of the specific reasons why the defendant did not sign. (d) Sanctions. If a party fails to comply with this Rule, the court, on motion or on its own initiative, may enter any orders in regard to the noncompliance that are just, including: (1) an order that property shall be classified as marital or non-marital in accordance with the statement filed by the complying party; (2) an order refusing to allow the noncomplying party to oppose designated assertions on the complying party's statement filed pursuant to this Rule, or prohibiting the noncomplying party from introducing designated matters in evidence. Instead of or in addition to any order, the court, after opportunity for hearing, shall require the noncomplying party or the attorney advising the noncompliance or both of them to pay the reasonable expenses, including attorney's fees, caused by the noncompliance, unless the court finds that the noncompliance was substantially justified or that other circumstances make an award of expenses unjust. Committee note. -- The Joint Statement of Marital and Non-Marital Property is not intended as a substitute for discovery in domestic relations cases. HISTORY: (Added Mar. 5, 2001, effective July 1, 2001.)

MARYLAND RULES TITLE 9. FAMILY LAW ACTIONS CHAPTER 200. DIVORCE, ANNULMENT, ALIMONY, CHILD SUPPORT, AND CHILD CUSTODY Md. Rule 9-208 (2012) Rule 9-208. Referral of matters to masters (a) Referral. (1) As of course. If a court has a full-time or part-time standing master for domestic relations matters and a hearing has been requested or is required by law, the following matters arising under this Chapter shall be referred to the master as of course unless the court directs otherwise in a specific case: (A) uncontested divorce, annulment, or alimony; (B) alimony pendente lite; (C) child support pendente lite; (D) support of dependents; (E) preliminary or pendente lite possession or use of the family home or family-use personal property; (F) subject to Rule 9-205, pendente lite custody of or visitation with children or modification of an existing order or judgment as to custody or visitation; (G) subject to Rule 9-205 as to child access disputes, constructive civil contempt by reason of noncompliance with an order or judgment relating to custody of or visitation with a minor child, the payment of alimony or support, or the possession or use of the family home or family-use personal property, following service of a show cause order upon the person alleged to be in contempt; (H) modification of an existing order or judgment as to the payment of alimony or support or as to the possession or use of the family home or family-use personal property; (I) counsel fees and assessment of court costs in any matter referred to a master under this Rule; (J) stay of an earnings withholding order; and (K) such other matters arising under this Chapter and set forth in the court's case management plan filed pursuant to Rule 16-202 b.

Committee note. -- Examples of matters that a court may include in its case management plan for referral to a master under subsection (a) (1) (J) of this Rule include scheduling conferences, settlement conferences, uncontested matters in addition to the matters listed in subsection (a) (1) (A) of this Rule, and the application of methods of alternative dispute resolution. (2) By order on agreement of the parties. By agreement of the parties, any other matter or issue arising under this Chapter may be referred to the master by order of the court. (b) Powers. Subject to the provisions of an order referring a matter or issue to a master, the master has the power to regulate all proceedings in the hearing, including the power to: (1) direct the issuance of a subpoena to compel the attendance of witnesses and the production of documents or other tangible things; (2) administer oaths to witnesses; (3) rule on the admissibility of evidence; (4) examine witnesses; (5) convene, continue, and adjourn the hearing, as required; (6) recommend contempt proceedings or other sanctions to the court; and (7) recommend findings of fact and conclusions of law. (c) Hearing. (1) Notice. A written notice of the time and place of the hearing shall be sent to all parties. (2) Attendance of witnesses. A party may procure by subpoena the attendance of witnesses and the production of documents or other tangible things at the hearing. (3) Record. All proceedings before a master shall be recorded either stenographically or electronically, unless the making of the record is waived in writing by all parties. A waiver of the making of a record is also a waiver of the right to file exceptions that would require review of the record for their determination. (d) Contempt proceedings; referral for de novo hearing. If, at any time during a hearing on a party's alleged constructive civil contempt, the master concludes that there are reasonable grounds to believe that the party is in contempt and that incarceration may be an appropriate sanction, the master shall (1) set a de novo hearing before a judge of the circuit court, (2) cause the alleged contemnor to be served with a summons to that hearing, and (3) terminate the master's hearing without making a recommendation. If the alleged contemnor is not represented by an attorney, the date of the hearing before the judge shall be at least 20 days after the date of the master's hearing and, before the master terminates the master's hearing, the master shall advise the

alleged contemnor on the record of the contents of the notice set forth in Rule 15-206 (c) (2). (e) Findings and recommendations. (1) Generally. Except as otherwise provided in section (d) of this Rule, the master shall prepare written recommendations, which shall include a brief statement of the master's findings and shall be accompanied by a proposed order. The master shall notify each party of the recommendations, either on the record at the conclusion of the hearing or by written notice served pursuant to Rule 1321. In a matter referred pursuant to subsection (a) (1) of this Rule, the written notice shall be given within ten days after the conclusion of the hearing. In a matter referred pursuant to subsection (a) (2) of this Rule, the written notice shall be given within 30 days after the conclusion of the hearing. Promptly after notifying the parties, the master shall file the recommendations and proposed order with the court. (2) Supplementary report. The master may issue a supplementary report and recommendations on the master's own initiative before the court enters an order or judgment. A party may file exceptions to new matters contained in the supplementary report and recommendations in accordance with section (f) of this Rule. (f) Exceptions. Within ten days after recommendations are placed on the record or served pursuant to section (e) of this Rule, a party may file exceptions with the clerk. Within that period or within ten days after service of the first exceptions, whichever is later, any other party may file exceptions. Exceptions shall be in writing and shall set forth the asserted error with particularity. Any matter not specifically set forth in the exceptions is waived unless the court finds that justice requires otherwise. (g) Requirements for excepting party. At the time the exceptions are filed, the excepting party shall do one of the following: (1) order a transcript of so much of the testimony as is necessary to rule on the exceptions, make an agreement for payment to ensure preparation of the transcript, and file a certificate of compliance stating that the transcript has been ordered and the agreement has been made; (2) file a certification that no transcript is necessary to rule on the exceptions; (3) file an agreed statement of facts in lieu of the transcript; or (4) file an affidavit of indigency and motion requesting that the court accept an electronic recording of the proceedings as the transcript. Within ten days after the entry of an order denying a motion under subsection (g) (4) of this section, the excepting party shall comply with subsection (g) (1). The transcript shall be filed within 30 days after compliance with subsection (g) (1) or within such longer time, not exceeding 60 days after the exceptions are filed, as the master may allow. For good cause shown, the court may shorten or extend the time for the filing of the transcript. The excepting party shall serve a copy of the transcript on the other party. The court may dismiss the exceptions of a party who has not complied with this section. Cross references. -- For the shortening or extension of time requirements, see Rule 1-204. (h) Entry of orders. (1) In general. Except as provided in subsections (2) and (3) of this section,

(A) the court shall not direct the entry of an order or judgment based upon the master's recommendations until the expiration of the time for filing exceptions, and, if exceptions are timely filed, until the court rules on the exceptions; and (B) if exceptions are not timely filed, the court may direct the entry of the order or judgment as recommended by the master. (2) Immediate orders. This subsection does not apply to the entry of orders in contempt proceedings. If a master finds that extraordinary circumstances exist and recommends that an order be entered immediately, the court shall review the file and any exhibits and the master's findings and recommendations and shall afford the parties an opportunity for oral argument. The court may accept, reject, or modify the master's recommendations and issue an immediate order. An order entered under this subsection remains subject to a later determination by the court on exceptions. (3) Contempt orders. (A) On recommendation by the master. On the recommendation by the master that an individual be found in contempt, the court may hold a hearing and direct the entry of an order at any time. The order may not include a sanction of incarceration. (B) Following a de novo hearing. Upon a referral from the master pursuant to section (d) of this Rule, the court shall hold a de novo hearing and enter any appropriate order. (i) Hearing on exceptions. (1) Generally. The court may decide exceptions without a hearing, unless a request for a hearing is filed with the exceptions or by an opposing party within ten days after service of the exceptions. The exceptions shall be decided on the evidence presented to the master unless: (A) the excepting party sets forth with particularity the additional evidence to be offered and the reasons why the evidence was not offered before the master, and (B) the court determines that the additional evidence should be considered. If additional evidence is to be considered, the court may remand the matter to the master to hear and consider the additional evidence or conduct a de novo hearing. (2) When hearing to be held. A hearing on exceptions, if timely requested, shall be held within 60 days after the filing of the exceptions unless the parties otherwise agree in writing. If a transcript cannot be completed in time for the scheduled hearing and the parties cannot agree to an extension of time or to a statement of facts, the court may use the electronic recording in lieu of the transcript at the hearing or continue the hearing until the transcript is completed. (j) Costs. The court, by order, may assess among the parties the compensation, fees, and costs of the master and of any transcript. Committee note. -- Compensation of a master paid by the State or a county is not assessed as costs.

HISTORY: (Added Mar. 5, 2001, effective July 1, 2001; amended Nov. 12, 2003, effective Jan. 1, 2004.) MARYLAND RULES TITLE 9. FAMILY LAW ACTIONS CHAPTER 200. DIVORCE, ANNULMENT, ALIMONY, CHILD SUPPORT, AND CHILD CUSTODY Md. Rule 9-209 (2012) Rule 9-209. Testimony A judgment granting a divorce, an annulment, or alimony may be entered only upon testimony in person before an examiner or master or in open court. In an uncontested case, testimony shall be taken before an examiner or master unless the court directs otherwise. Testimony of a corroborating witness shall be oral unless otherwise ordered by the court for good cause. HISTORY: (Added Mar. 5, 2001, effective July 1, 2001.) MARYLAND RULES TITLE 9. FAMILY LAW ACTIONS CHAPTER 200. DIVORCE, ANNULMENT, ALIMONY, CHILD SUPPORT, AND CHILD CUSTODY Md. Rule 9-210 (2012) Rule 9-210. Attachment, seizure, and sequestration (a) Alimony from a nonresident defendant. A plaintiff who seeks alimony from a nonresident defendant under Code, Family Law Article 11-104, may request an order for the attachment or sequestration of the defendant's property in accordance with the procedures of Rule 2-115. The court may enter any appropriate order regarding the property that is necessary to make the award effective. (b) Enforcement of an order awarding child support, alimony, attorney's fees, or a monetary award. When the court has ordered child support, alimony, attorney's fees, or a monetary award, the property of a noncomplying obligor may be seized or sequestered in accordance with the procedures of Rules 2-648 and 2-651. HISTORY: (Added Mar. 5, 2001, effective July 1, 2001; amended Sept. 10, 2009, effective Oct. 1, 2009.) MARYLAND RULES TITLE 9. FAMILY LAW ACTIONS FORMS FOR GUARDIANSHIPS THAT TERMINATE PARENTAL RIGHTS AND ADOPTIONS

Md. Rules Form 9-102.1 (2012) Form 9-102.1. Consent of parent to a public agency guardianship CONSENT OF PARENT TO GUARDIANSHIP WITH THE RIGHT TO CONSENT TO ADOPTION OF TO THE DEPARTMENT OF SOCIAL SERVICES INSTRUCTIONS These instructions and attached consent form may be used only in cases where the child is a Child in Need of Assistance. Code, Family Law Article, Title 5, Subtitle 3, Part II. The attached consent form is an important legal document. You must read all of these instructions BEFORE you sign the consent form. If you do not understand the instructions or the consent form, you should not sign it. If you are under 18 years old or if you have a disability that makes it difficult for you to understand, do not sign the consent form unless you have a lawyer. A. Right to Have This Information in a Language You Understand You have the right to have these instructions and the consent form translated into a language that you understand. If you cannot read or understand English, you should not sign the consent form. You should have this form translated for you into a language you do understand. The translated consent form is the one you should read and decide whether or not to sign. Any translation must have an affidavit attached in which the translator states that it is a true and accurate translation of this document. B. Right to Speak with a Lawyer You have the right to speak with a lawyer before you decide whether or not to consent. If you are unable to afford a lawyer, you may be eligible for a lawyer through the Office of the Public Defender. You should contact the Office of the Public Defender, and ask for a lawyer to represent you in a D.S.S. (Department of Social Services) guardianship case. You should not sign the consent form without a lawyer if you are under 18 years old or have a disability that makes it difficult for you to understand this document. If you are under 18 years old or have a disability that makes it difficult for you to understand this document, you are required to have a lawyer review the form with you before you can consent to the guardianship. You should contact the Office of the Public Defender, or let the Juvenile Court know that you need to have a lawyer appointed for you. Even if you do not have the right to have the court appoint a lawyer for you or to be represented through the Office of the Public Defender, you have the right to speak with a lawyer you choose

before you decide whether to consent. C. Post-adoption Agreement If you have made a written agreement with the adoptive parents for future contact (known as a post-adoption agreement), a copy of that agreement must be attached to the signed consent form. If you have a post-adoption agreement, and, after the adoption, the adoptive parents do not do what they agreed to do, it will not affect your consent to the guardianship or the adoption. However, if that happens, you have the right to ask a judge to make them do what they agreed to do. The judge can order you and the adoptive parents to go to mediation, order the adoptive parents to do what they agreed to do, or change the agreement if the judge decides that it is in the child's best interest. D. Conditional Consent If you decide to sign the consent form, you will have two choices: (1) you can consent to the guardianship and the adoption of your child by a family approved by D.S.S.; or (2) you can consent to the guardianship only if the child is adopted into a specific family. This is called a "conditional consent." If you sign a conditional consent, and the family whose name is on the consent cannot adopt the child, your consent will no longer be valid. The court will try to locate you to find out if you want to sign a new consent. If you do not sign a new consent, the court can have a trial to decide whether or not your parental rights should be ended (terminated) and whether or not guardianship with the right to consent to adoption should be granted to D.S.S., even without your consent. E. Effect of Signing the Consent Form IF YOU SIGN THE CONSENT FORM, AND THE GUARDIANSHIP IS GRANTED, YOU WILL BE GIVING UP ALL RIGHTS AND RESPONSIBILITIES RELATING TO THE CHILD. If you have a post-adoption agreement, you will keep only the rights the agreement gives you. Violation of the agreement will not affect your consent or the adoption. After you sign the consent form, the person or agency to whom you give the form must file it in the Juvenile Court promptly. If a guardianship case has been filed, it will be filed in the guardianship case. If a guardianship case has not been filed, it will be filed in the child's CINA (Child in Need of Assistance) case. When it is filed, a copy of the filed consent form will be sent to you at the address you list at the end of the consent form. It is your responsibility to let the court know if your address changes. F. Right to Revoke Consent If you sign the consent form and then change your mind and no longer want to consent, you have the right to revoke (cancel) the consent within 30 days after the date that it is filed in Juvenile

Court. The only way that you can revoke this consent is by giving a signed written revocation statement with the name, sex, and date of birth of the child (if you know it) to: Juvenile Clerk, Circuit Court for , at (Address).

The written and signed revocation statement must be sent to the court, not to your social worker or lawyer. You may deliver your written revocation of consent in person or by mail. If it is not received by the Juvenile Clerk's office within 30 days after the date the consent form was filed in court, it will be too late, and you will not be able to withdraw the consent or stop the guardianship from being granted. G. Further Notice of Guardianship and Adoption Proceedings A petition for guardianship with the right to consent to adoption has been or will be filed in Juvenile Court. If you sign the consent form, your written consent form will also be filed in the Juvenile Court. You have the right to be notified when the petition is filed, about any hearings before or after guardianship is granted, if and when guardianship is granted, and if and when the child is adopted. Any notices will be sent to the address given by you on the consent form, unless you write to the Juvenile Clerk at (court's address) and give the clerk your new address. You may waive (give up) your right to notice if you wish to do so. Even if you give up your right to notice, someone from the court may contact you if further information is needed. H. Compensation Under Maryland law, you are not allowed to charge or receive money or compensation of any kind for the placement for adoption of your child or for your agreement to the adoptive parent having custody of your child, except that reasonable and customary charges or fees for adoption counseling, hospital, legal, or medical services may be paid. I. Access to Birth and Adoption Records When your child is at least 21 years old, your child, your child's other parent, or you may apply to the Maryland Secretary of the Department of Health and Mental Hygiene for access to certain birth and adoption records. If you do not want information about you to be disclosed (given) to that person, you have the right to prevent disclosure by filing a disclosure veto. Attached to this document is a copy of the form that you may use if you want to file a disclosure veto. J. Adoption Search, Contact, and Reunion Services When your child is at least 21 years old, your child, your child's other parent or siblings, or you may apply to the Director of the Social Services Administration of the Maryland Department of Human Resources for adoption search, contact, and reunion services. K. Rights Under the Indian Child Welfare Act

If you or your child are members of or are eligible for membership in an Indian tribe, as defined by federal law, you have special legal rights under the Indian Child Welfare Act. You should not sign this consent form if you believe this may apply to you. You should tell the person requesting the consent or the court that you believe that your child's case should be handled under the Indian Child Welfare Act. L. Authorization for Access to Medical and Mental Health Records You may be asked to sign a separate form (authorization) to allow the adoptive parents and D.S.S. to get your child's medical and mental health records or your medical and mental health records. If you agree to allow access to this information, the records given to the adoptive parents will not include identifying information about you unless identifying information was previously exchanged by agreement. M. Signature, Witness, and Copy If you decide to complete and sign the consent form, you must have a witness present when you sign it. The witness must be someone 18 or older and should not be the child or the child's other parent. You must complete and sign the form with a pen and print or type in your name, address, and telephone number. The witness also must sign the form and print or type in the witness' name, address, and telephone number in the blanks on the last page. If you have a post-adoption agreement, you must attach a copy to the signed consent form. You have the right to receive a copy of the signed consent form. STOP HERE IF YOU DID NOT UNDERSTAND SOMETHING YOU HAVE READ OR IF YOU WANT TO SPEAK WITH A LAWYER BEFORE YOU DECIDE IF YOU WANT TO SIGN THE CONSENT FORM. If you wish to sign the consent form, you must also sign here to verify that you read these instructions and understand them:

(Signature)

(Date)

You must attach a copy of these signed instructions to the signed consent form. CONSENT TO GUARDIANSHIP WITH THE RIGHT TO CONSENT TO ADOPTION OF TO DEPARTMENT OF SOCIAL SERVICES Use a pen to fill out this form. You must complete each section.

A. Identifying Information 1. Language. I understand English, or this consent form has been translated into understand. 2. Name. My name is 3. Age. My date of birth is 4. Child. The child who is the subject of this consent was born on (date) at (name of hospital or address of birthplace) in (city, state, and county of birth) 5. Status as Parent. Check all that apply. (a) I am [ ] the mother of the child [ ] the father of the child [ ] alleged to be the father of the child (b) I was married to the mother of the child [ ] at the time of conception of the child [ ] at the time the child was born. B. Right to Speak with a Lawyer . , . . , a language that I

I WANT TO COMPLETE THIS CONSENT FORM BECAUSE: Check one of the following [ ] I already have spoken with a lawyer whose name and telephone number are . I have read the instructions in front of this form, and I am ready to consent to the guardianship with the right to consent to adoption. OR [ ] I am at least 18 years old and am able to understand this document. I have read the instructions at the front of this form, and I do not want to speak with a lawyer before I consent to the guardianship with the right to consent to adoption. C. Consent Check one of the following statements: [ ] I voluntarily and of my own free will consent to the ending (termination) of my parental rights and to the appointment of Department of Social Services to be the guardian of my child, with the right of the guardian to consent to adoption. OR [ ] I voluntarily and of my own free will consent to the ending (termination) of my parental rights and to the appointment of Department of Social Services, to be the guardian of my child as long as my child is adopted by . D. Notice Check one of the following: [ ] I give up (waive) the right to any further notice of the guardianship case, any reviews after guardianship is granted, or when my child is adopted. OR [ ] I give up (waive) the right to any further notice of the guardianship case or any reviews after guardianship is granted, but I want to be notified when my child is adopted. OR [ ] I want to be notified about anything that happens in the guardianship case, any reviews after guardianship is granted, and when my child is adopted.

E. Revocation Rights I understand that if I change my mind and no longer consent to the guardianship with the right to consent to adoption, I have the right to revoke this consent within 30 days after it is filed in Juvenile Court. I understand that the only way that I can revoke this consent is by giving a signed written revocation to the Juvenile Clerk, Circuit Court for at .

F. Effect of this Consent I UNDERSTAND THAT IF I SIGN THIS CONSENT FORM, AND GUARDIANSHIP IS GRANTED, I WILL BE GIVING UP ALL RIGHTS AND RESPONSIBILITIES RELATING TO THE CHILD, EXCEPT THOSE RIGHTS THAT I HAVE KEPT UNDER ANY WRITTEN POSTADOPTION AGREEMENT. G. Oath and Signature I have read carefully and understand the instructions at the front of this consent form. I am signing this consent form voluntarily and of my own free will. I solemnly affirm under the penalties of perjury that the contents of this consent form are true to the best of my knowledge, information, and belief.

(Date)

(Signature)

(Printed Name)

(Address)

(City, State, Zip Code)

(Telephone Number)

Witness:

(Signature)

(Date)

(Printed Name)

(Address)

(City, State, Zip Code)

(Telephone Number) A COPY OF THE INSTRUCTIONS WITH YOUR SIGNATURE MUST BE ATTACHED TO THIS CONSENT FORM. IF YOU HAVE A POST-ADOPTION AGREEMENT, ATTACH A COPY TO THIS CONSENT FORM. HISTORY: (Added June 4, 2007, effective July 1, 2007.) MARYLAND RULES TITLE 9. FAMILY LAW ACTIONS FORMS FOR GUARDIANSHIPS THAT TERMINATE PARENTAL RIGHTS AND ADOPTIONS Md. Rules Form 9-102.2 (2012) Form 9-102.2. Consent of parent to a private agency guardianship CONSENT OF PARENT TO GUARDIANSHIP WITH THE RIGHT TO CONSENT TO ADOPTION OF TO , A LICENSED PRIVATE ADOPTION AGENCY INSTRUCTIONS

These instructions and attached consent form may be used only in cases where the child is being placed for adoption with the assistance of a licensed private adoption agency. Code, Family Law Article, Title 5, Subtitle 3A. The attached consent form is an important legal document. You must read all of these instructions BEFORE you sign the consent form. If you do not understand the instructions or the consent form, you should not sign it. If you are under 18 years old or if you have a disability that makes it difficult for you to understand, do not sign the consent form unless you have a lawyer. A. Right to Have This Information in a Language You Understand You have the right to have these instructions and the consent form translated into a language that you understand. If you cannot read or understand English, you should not sign the consent form. You should have this form translated for you into a language you do understand. The translated consent form is the one you should read and decide whether or not to sign. Any translation must have an affidavit attached in which the translator states that it is a true and accurate translation of this document. B. Right to Speak with a Lawyer You have the right to speak with a lawyer before you decide whether or not to consent. You should not sign the consent form without a lawyer if you are under 18 years old or have a disability that makes it difficult for you to understand this document. If you are under 18 years old or have a disability that makes it difficult for you to understand this document, you are required to have a lawyer review the form with you before you can consent to the guardianship. Even if you are not required to have a lawyer, you have the right to speak with a lawyer you choose before you decide whether to consent. You can ask the court to require the agency seeking guardianship of your child to pay the costs of the lawyer. The judge does not have to grant that request but may do so. C. Post-adoption Agreement If you have made a written agreement with the adoptive parents for future contact (known as a post-adoption agreement), a copy of that agreement must be attached to the signed consent form. If you have a post-adoption agreement, and, after adoption, the adoptive parents do not do what they agreed to do, it will not affect your consent to the guardianship or the adoption. However, if that happens, you have the right to ask a judge to make them do what they agreed to do. The judge can order you and the adoptive parents to go to mediation, order the adoptive parents to do what they agreed to do, or change the agreement if the judge decides that it is in the child's best interest. D. Conditional Consent

If you decide to sign the consent form, you will have two choices: (1) you can consent to the guardianship and the adoption of your child by a family approved by the adoption agency; or (2) you can consent to the guardianship only if the child is adopted into a specific family. This is called a "conditional consent." If you sign a conditional consent, and the family whose name is on the consent cannot adopt the child, your consent will no longer be valid. The adoption agency will try to locate you to find out if you want to sign a new consent. If your parental rights have not been taken away (guardianship has not yet been granted), and you do not sign a new consent, the court will end the guardianship case. If your parental rights have been taken away (guardianship has been granted), and you do not sign a new consent, the court will decide whether it is in the child's best interests to continue the guardianship. E. Effect of Signing the Consent Form IF YOU SIGN THE CONSENT FORM, AND THE GUARDIANSHIP IS GRANTED, YOU WILL BE GIVING UP ALL RIGHTS AND RESPONSIBILITIES RELATING TO THE CHILD. If you have a post-adoption agreement, you will keep only the rights the agreement gives you. Violation of the agreement will not affect your consent or the adoption. F. Right to Revoke Consent If you sign the consent form and then change your mind and no longer want to consent, you have the right to revoke (cancel) the consent within 30 days after the date that you sign the consent form. The only way that you can revoke this consent is by giving a signed written revocation statement with the name, sex, and date of birth of the child (if you know it) to: Adoption Clerk, Circuit Court for , at (Address).

The revocation must be sent to the court, not to the lawyers, or the agency, or the people adopting the child. You may deliver your written revocation of consent in person or by mail. If it is not received by the Adoption Clerk's office within 30 days after the date you signed the consent form, it will be too late, and you will not be able to withdraw the consent or stop the guardianship from being granted. If you sign the consent form, and then revoke your consent, and then decide to consent to the guardianship again, you will not be able to revoke your second consent if you give your second consent in court within one year of your revocation of this consent. G. Further Notice of Guardianship and Adoption Proceedings A petition for guardianship with the right to consent to adoption has been or will be filed in Circuit Court. If you sign the consent form, your written consent form will also be filed in the Circuit Court. You have the right to be notified when the petition is filed, about any

hearings, if and when the guardianship is granted, and when the child is adopted. You also have the right to be notified if there is a delay in your child's adoption because: 1. The adoption agency does not place your child with an adoptive family within 270 days of being appointed the guardian of your child; 2. The adoption agency does not place your child with an adoptive family within 180 days of the disruption of a prior adoptive placement; or 3. The adoption is not completed within 2 years after your child's placement with the adoptive family. Any notices will be sent to the address given by you on the consent form, unless you write to the Adoption Clerk at (court's address) and give the clerk your new address. You may waive (give up) your right to notice if you wish to do so. Even if you give up your right to notice, someone from the court may contact you if further information is needed. H. Compensation Under Maryland law, you are not allowed to charge or receive money or compensation of any kind for the placement for adoption of your child or for your agreement to the adoptive parent having custody of your child, except that reasonable and customary charges or fees for adoption counseling, hospital, legal, or medical services may be paid. I. Access to Birth and Adoption Records When your child is at least 21 years old, your child, your child's other parent, or you may apply to the Maryland Secretary of the Department of Health and Mental Hygiene for access to certain birth and adoption records. If you do not want information about you to be disclosed (given) to that person, you have the right to prevent disclosure by filing a disclosure veto. Attached to this document is a copy of the form that you may use if you want to file a disclosure veto. J. Adoption Search, Contact, and Reunion Services When your child is at least 21 years old, your child, your child's other parent or siblings, or you may apply to the Director of the Social Services Administration of the Maryland Department of Human Resources for adoption search, contact, and reunion services. K. Rights Under the Indian Child Welfare Act If you or your child are members of or are eligible for membership in an Indian tribe, as defined by federal law, you have special legal rights under the Indian Child Welfare Act. You should not sign this consent form if you believe this may apply to you. You should tell the person requesting the consent or the court that you believe that your child's case should be handled under the Indian Child Welfare Act.

L. Authorization for Access to Medical and Mental Health Records You may be asked to sign a separate form (authorization) to allow the adoptive parents and adoption agency to get your child's medical and mental health records or your medical and mental health records. If you agree to allow access to this information, the records given to the adoptive parents will not include identifying information about you unless identifying information was previously exchanged by agreement. M. Signature, Witness, and Copy If you decide to complete and sign the consent form, you must have a witness present when you sign it. The witness must be someone 18 or older and should not be the child or the child's other parent. You must complete and sign the form with a pen and print or type in your name, address, and telephone number. The witness also must sign the form and print or type in the witness' name, address, and telephone number in the blanks on the last page. If you have a post-adoption agreement, you must attach a copy to the signed consent form. You have the right to receive a copy of the signed consent form. STOP HERE IF YOU DID NOT UNDERSTAND SOMETHING YOU HAVE READ OR IF YOU WANT TO SPEAK WITH A LAWYER BEFORE YOU DECIDE IF YOU WANT TO SIGN THE CONSENT FORM. If you wish to sign the consent form, you must also sign here to verify that you read these instructions and understand them:

(Signature)

(Date)

You must attach a copy of these signed instructions to the signed consent form. CONSENT TO GUARDIANSHIP WITH THE RIGHT TO CONSENT TO ADOPTION OF TO , A LICENSED PRIVATE ADOPTION AGENCY Use a pen to fill out this form. You must complete each section. A. Identifying Information 1. Language. I understand English, or this consent form has been translated into understand. 2. Name. , a language that I

My name is 3. Age. My date of birth is 4. Child.

The child who is the subject of this consent was born on (date) at (name of hospital or address of birthplace) in (city, state, and county of birth) 5. Status as Parent. Check all that apply. (a) I am [ ] the mother of the child [ ] the father of the child [ ] alleged to be the father of the child (b) I was married to the mother of the child [ ] at the time of conception of the child [ ] at the time the child was born. B. Right to Speak with a Lawyer I WANT TO COMPLETE THIS CONSENT FORM BECAUSE: Check one of the following [ ] I already have spoken with a lawyer whose name and telephone number are . I have read the instructions at the front of this form, and I am ready to consent to the guardianship with the right to consent to adoption. . ,

OR [ ] I am at least 18 years old and am able to understand this document. I have read the instructions at the front of this form, and I do not want to speak with a lawyer before I consent to the guardianship with the right to consent to adoption. C. Consent Check one of the following: [ ] I voluntarily and of my own free will consent to the ending (termination) of my parental rights and to the appointment of , a licensed private adoption agency, to be the guardian of my child, with the right of the guardian to consent to adoption. OR [ ] I voluntarily and of my own free will consent to the ending (termination) of my parental rights and to the appointment of , a licensed private adoption agency, to be the guardian of my child as long as my child is adopted by . D. Notice Check one of the following: [ ] I give up (waive) the right to any further notice of the guardianship case, any delays in the adoption of my child, or when my child is adopted. OR [ ] I give up (waive) the right to any further notice of the guardianship case or any delays in the adoption of my child, but I want to be notified when my child is adopted. OR [ ] I want to be notified about anything that happens in the guardianship case, any delays in the adoption of my child, and when my child is adopted. E. Revocation Rights I understand that if I change my mind and no longer consent to the guardianship with the right to consent to adoption, I have the right to revoke this consent within 30 days after I sign this consent form. I understand that the only way that I can revoke this consent is by giving a signed written revocation to the Adoption Clerk, Circuit Court for at .

F. Effect of this Consent I UNDERSTAND THAT IF I SIGN THIS CONSENT FORM, AND GUARDIANSHIP IS GRANTED, I WILL BE GIVING UP ALL RIGHTS AND RESPONSIBILITIES RELATING TO THE CHILD, EXCEPT THOSE RIGHTS THAT I HAVE KEPT UNDER ANY WRITTEN POSTADOPTION AGREEMENT. G. Oath and Signature I have read carefully and understand the instructions at the front of this consent form. I am signing this consent form voluntarily and of my own free will. I solemnly affirm under the penalties of perjury that the contents of this consent form are true to the best of my knowledge, information, and belief.

(Date)

(Signature)

(Printed Name)

(Address)

(City, State, Zip Code)

(Telephone Number) Witness:

(Signature)

(Date)

(Printed Name)

(Address)

(City, State, Zip Code)

(Telephone Number) A COPY OF THE INSTRUCTIONS WITH YOUR SIGNATURE MUST BE ATTACHED TO THIS CONSENT FORM. IF YOU HAVE A POST-ADOPTION AGREEMENT, ATTACH A COPY TO THIS CONSENT FORM. HISTORY: (Added June 4, 2007, effective July 1, 2007.) MARYLAND RULES TITLE 9. FAMILY LAW ACTIONS FORMS FOR GUARDIANSHIPS THAT TERMINATE PARENTAL RIGHTS AND ADOPTIONS Md. Rules Form 9-102.3 (2012) Form 9-102.3. Consent of parent to a public agency adoption without prior termination of parental rights CONSENT OF PARENT TO ADOPTION OF Adoption of CINA without Prior Termination of Parental Rights INSTRUCTIONS These instructions and attached consent form may be used only in cases where the child is a Child in Need of Assistance and the petitioner is seeking to adopt the child without prior termination of parental rights. Code, Family Law Article, Title 5, Subtitle 3, Part III. The attached consent form is an important legal document. You must read all of these instructions BEFORE you sign the consent form. If you do not understand the instructions or the consent form,

you should not sign it. If you are under 18 years old or if you have a disability that makes it difficult for you to understand, do not sign the consent form unless you have a lawyer. A. Right to Have This Information in a Language You Understand You have the right to have these instructions and the consent form translated into a language that you understand. If you cannot read or understand English, you should not sign the consent form. You should have this form translated for you into a language you do understand. The translated consent form is the one you should read and decide whether or not to sign. Any translation must have an affidavit attached in which the translator states that it is a true and accurate translation of this document. B. Right to Speak with a Lawyer You have the right to speak with a lawyer before you decide whether or not to consent. If you are unable to afford a lawyer, you may be eligible for a lawyer through the Office of the Public Defender. You should contact the Office of the Public Defender, and ask for a lawyer to represent you in a D.S.S. (Department of Social Services) case. You should not sign the consent form without a lawyer if you are under 18 years old or have a disability that makes it difficult for you to understand this document. If you are under 18 years old or have a disability that makes it difficult for you to understand this document, you are required to have a lawyer review the form with you before you can consent to the adoption. You should contact the Office of the Public Defender, or let the Juvenile Court know you need to have a lawyer appointed for you. Even if you do not have the right to have the court appoint a lawyer for you or to be represented through the Office of the Public Defender, you have the right to speak with a lawyer you choose before you decide whether to consent. C. Right to Adoption Counseling You have the right to receive adoption counseling and guidance. The court may require D.S.S. or the adoptive parents to pay for the adoption counseling and guidance but does not have to do so. If you want adoption counseling or guidance, you should not complete this consent form until after you have gotten adoption counseling or guidance. D. Post-adoption Agreement If you have made a written agreement with the adoptive parents for future contact (known as a post-adoption agreement), a copy of that agreement must be attached to the signed consent form. If you have a post-adoption agreement, and, after the adoption, the adoptive parents do not do what they agreed to do, it will not affect the adoption or your consent to the adoption. However, if that happens, you have the right to ask a judge to make them do what they agreed to do. The judge can order you and the adoptive parents to go to mediation, order the adoptive parents to do what they agreed to do, or change the agreement if the judge decides that it is in the child's best interest.

E. Effect of Signing the Consent Form IF YOU SIGN THE CONSENT FORM, AND ADOPTION IS GRANTED, YOU WILL BE GIVING UP ALL RIGHTS AND RESPONSIBILITIES RELATING TO THE CHILD. If you have a postadoption agreement, you will keep only the rights the agreement gives you. Violation of the agreement will not affect your consent or the adoption. F. Right to Revoke Consent If you sign the consent form and then change your mind and no longer want to consent, you have the right to revoke (cancel) the consent. If the adoption case is already filed in court, you must revoke your consent within 30 days after the date that you sign the consent form. If the adoption case has not been filed in court, you must revoke your consent within 30 days after the adoption petition is filed. The only way that you can revoke this consent is by giving a signed written revocation statement with the name, sex, and date of birth of the child (if you know it) to: Juvenile Clerk, Circuit Court for at (Address).

The revocation must be sent to the court, not to your social worker, lawyer, or the people adopting the child. You may deliver your written revocation of consent in person or by mail. If it is not received by the Juvenile Clerk's office within the later of 30 days after the date you sign the consent form or 30 days after the date the adoption petition is filed, it will be too late, and you will not be able to withdraw the consent or stop the adoption from being granted. G. Further Notice of Adoption Proceedings A petition for adoption has been or will be filed in the Circuit Court for . If you sign the consent form, your written consent will also be filed in the court. You have the right to be notified when the petition is filed, when any hearings are held before the adoption is granted, and if and when the adoption is granted. Any notices will be sent to the address given by you on the consent form, unless you write to the Juvenile Clerk at (court's address) and give the clerk your new address. You may waive (give up) your right to notice if you wish to do so. Even if you give up your right to notice, someone from the court may contact you if further information is needed. H. Compensation Under Maryland law, you are not allowed to charge or receive money or compensation of any kind for the placement for adoption of your child or for your agreement to the adoptive parent having custody of your child, except that reasonable and customary charges or fees for adoption counseling, hospital, legal, or medical services may be paid. I. Access to Birth and Adoption Records When your child is at least 21 years old, your child, your child's other parent, or you may apply to the Maryland Secretary of the Department of Health and Mental Hygiene for access to certain birth

and adoption records. If you do not want information about you to be disclosed (given) to that person, you have the right to prevent disclosure by filing a disclosure veto. Attached to this document is a copy of the form that you may use if you want to file a disclosure veto. J. Adoption Search, Contact and Reunion Services When your child is at least 21 years old, your child, your child's other parent or siblings, or you may apply to the Director of the Social Services Administration of the Maryland Department of Human Resources for adoption search, contact, and reunion services. K. Rights under the Indian Child Welfare Act If you or your child are members of or are eligible for membership in an Indian tribe, as defined by federal law, you have special legal rights under the Indian Child Welfare Act. You should not sign this consent form if you believe this may apply to you. You should tell the person requesting the consent or the court that you believe that your child's case should be handled under the Indian Child Welfare Act. L. Authorization for Access to Medical and Mental Health Records You may be asked to sign a separate form (authorization) to allow the adoptive parents to get your child's medical and mental health records or your medical and mental health records. If you agree to allow access to this information, the records given to the adoptive parents will not include identifying information about you unless identifying information was previously exchanged by agreement. M. Signature, Witness, and Copy If you decide to complete and sign the consent form, you must have a witness present when you sign it. The witness must be someone 18 or older and should not be the child or the child's other parent. You must complete and sign the form with a pen and print or type in your name, address, and telephone number. The witness also must sign the form and print or type in the witness' name, address, and telephone number in the blanks on the last page. If you have a post-adoption agreement, you must attach a copy to the signed consent form. You have the right to receive a copy of the signed consent form. STOP HERE IF YOU DID NOT UNDERSTAND SOMETHING YOU HAVE READ OR IF YOU WANT TO SPEAK WITH A LAWYER OR GET ADOPTION COUNSELING BEFORE YOU DECIDE IF YOU WANT TO SIGN THE CONSENT FORM. If you wish to sign the consent form, you must also sign here to verify that you read these instructions and understand them:

(Signature)

(Date)

You must attach a copy of these signed instructions to the signed consent form. CONSENT OF PARENT TO ADOPTION OF Adoption of CINA without Prior Termination of Parental Rights Use a pen to fill out this form. You must complete each section. A. Identifying Information 1. Language. I understand English, or this consent form has been translated into understand. 2. Name. My name is 3. Age. My date of birth is 4. Child. The child who is the subject of this consent was born on (date) at (name of hospital or address of birthplace) in (city, state, and county of birth) 5. Status as Parent. Check all that apply. (a) I am [ ] the mother of the child . , . . , a language that I

[ ] the father of the child [ ] alleged to be the father of the child (b) I was married to the mother of the child [ ] at the time of conception of the child [ ] at the time the child was born. B. Right to Speak with a Lawyer I WANT TO COMPLETE THIS CONSENT FORM BECAUSE: Check one of the following [ ] I already have spoken with a lawyer whose name and telephone number are . I have read the instructions at the front of this form, and I am ready to consent to the adoption. OR [ ] I am at least 18 years old and am able to understand this document. I have read the instructions at the front of this form, and I do not want to speak with a lawyer before I consent to the adoption. C. Right to Counseling and Guidance I WANT TO COMPLETE THIS CONSENT FORM BECAUSE: Check one of the following: [ ] I have already spoken with a counselor. I have read the instructions at the front of this form, and I am ready to consent to the adoption. OR [ ] I do not want to speak with a counselor. I have read the instructions at the front of this form, and I am ready to consent to the adoption. D. Consent I voluntarily and of my own free will consent to the ending (termination) of my rights as parent to and to the adoption of my child, , by a person(s) known to me as .

E. Notice Check one of the following: [ ] I give up (waive) the right to any further notice of the adoption case. OR [ ] I want to be notified when the adoption case is filed, of any hearings, and if and when my child is adopted. E. Revocation Rights I understand that if I change my mind and no longer consent to the adoption, I have the right to revoke this consent within the later of 30 days after I sign this form or 30 days after the adoption case is filed in court. I understand that the only way that I can revoke this consent is by giving a signed written revocation statement to the Juvenile Clerk, Circuit Court for at .

G. Effect of this Consent I UNDERSTAND THAT IF I SIGN THIS CONSENT FORM, AND ADOPTION IS GRANTED, I WILL BE GIVING UP ALL RIGHTS AND RESPONSIBILITIES RELATING TO THE CHILD, EXCEPT THOSE RIGHTS THAT I HAVE KEPT UNDER ANY WRITTEN POST-ADOPTION AGREEMENT. H. Oath and Signature I have read carefully and understand the instructions in front of this consent form. I am signing this consent form voluntarily and of my own free will. I solemnly affirm under the penalties of perjury that the contents of this consent form are true to the best of my knowledge, information, and belief.

(Date)

(Signature)

(Printed Name)

(Address)

(City, State, Zip Code)

(Telephone Number) Witness:

(Signature)

(Date)

(Printed Name)

(Address)

(City, State, Zip Code)

(Telephone Number) A COPY OF THE INSTRUCTIONS WITH YOUR SIGNATURE MUST BE ATTACHED TO THIS CONSENT FORM. IF YOU HAVE A POST-ADOPTION AGREEMENT, ATTACH A COPY TO THIS CONSENT FORM.

HISTORY: (Added June 4, 2007, effective July 1, 2007.) MARYLAND RULES TITLE 9. FAMILY LAW ACTIONS FORMS FOR GUARDIANSHIPS THAT TERMINATE PARENTAL RIGHTS AND ADOPTIONS Md. Rules Form 9-102.4 (2012) Form 9-102.4. Consent of parent to an independent adoption with termination of parental rights CONSENT OF PARENT TO ADOPTION OF Independent Adoption with Termination of Parental Rights INSTRUCTIONS These instructions and attached consent form may be used only in independent adoptions, not those that are arranged by an adoption agency. This form should only be used for a parent whose parental rights are being terminated. It should not be used for a parent who is retaining parental rights, for example, a custodial parent in a step-parent adoption. Code, Family Law Article, Title 5, Subtitle 3B. The attached consent form is an important legal document. You must read all of these instructions BEFORE you sign the consent form. If you do not understand the instructions or the consent form, you should not sign it. If you are under 18 years old or if you have a disability that makes it difficult for you to understand, do not sign the consent form unless you have a lawyer. A. Right to Have This Information in a Language You Understand You have the right to have these instructions and the consent form translated into a language that you understand. If you cannot read or understand English, you should not sign the consent form. You should have this form translated for you into a language you do understand. The translated consent form is the one you should read and decide whether or not to sign. Any translation must have an affidavit attached in which the translator states that it is a true and accurate translation of this document. B. Right to Speak with a Lawyer You have the right to speak with a lawyer before you decide whether or not to consent. You should not sign the consent form without a lawyer if you are under 18 years old or have a disability that makes it difficult for you to understand this document. If you are under 18 years old or have a disability that makes it difficult for you to understand this document, you are required to have a lawyer review the form with you before you can consent to the adoption.

Even if you are not required to have a lawyer, you have the right to speak with a lawyer you choose before you decide whether to consent. You can ask the court to require the people adopting your child to pay the costs of the lawyer. The judge does not have to grant that request but may do so. C. Right to Adoption Counseling You have the right to receive adoption counseling and guidance. The court may require the adoptive parents to pay for the adoption counseling and guidance but does not have to do so. If you want adoption counseling or guidance, you should not complete this consent form until after you have gotten adoption counseling or guidance. D. Post-adoption Agreement If you have made a written agreement with the adoptive parents for future contact (known as a post-adoption agreement), a copy of that agreement must be attached to the signed consent form. If you have a post-adoption agreement, and, after the adoption, the adoptive parents do not do what they agreed to do, it will not affect the adoption or your consent to the adoption. However, if that happens, you have the right to ask a judge to make them do what they agreed to do. The judge can order you and the adoptive parents to go to mediation, order the adoptive parents to do what they agreed to do, or change the agreement if the judge decides that it is in the child's best interest. E. Effect of Signing the Consent Form IF YOU SIGN THE CONSENT FORM, AND ADOPTION IS GRANTED, YOU WILL BE GIVING UP ALL RIGHTS AND RESPONSIBILITIES RELATING TO THE CHILD. If you have a postadoption agreement, you will keep only the rights the agreement gives you. Violation of the agreement will not affect your consent or the adoption. F. Right to Revoke Consent If you sign the consent form and then change your mind and no longer want to consent, you have the right to revoke (cancel) the consent within 30 days after the date that you sign the consent form. The only way that you can revoke this consent is by giving a signed written revocation statement with the name, sex, and date of birth of the child (if you know it) to: Adoption Clerk, Circuit Court for , at (Address).

The revocation must be sent to the court, not to the lawyers or the people adopting the child. You may deliver your written revocation of consent in person or by mail. If it is not received by the Adoption Clerk's office within 30 days after the date you signed the consent form, it will be too late, and you will not be able to withdraw the consent or stop the adoption from being granted. If you sign this consent form, and then revoke your consent, and then decide to consent to the

adoption again, you will not be able to revoke your second consent if you give your second consent in court within one year of your revocation of this consent. G. Further Notice of Adoption Proceedings A petition for adoption has been or will be filed in the Circuit Court for . If you sign the consent form, your written consent will also be filed in the court. You have the right to be notified when the petition is filed, when any hearings are held before the adoption is granted, and if and when the adoption is granted. Any notices will be sent to the address given by you on the consent form, unless you write to the Adoption Clerk at (court's address) and give the clerk your new address. You may waive (give up) your right to notice if you wish to do so. Even if you give up your right to notice, someone from the court may contact you if further information is needed. H. Compensation Under Maryland law, you are not allowed to charge or receive money or compensation of any kind for the placement for adoption of your child or for your agreement to the adoptive parent having custody of your child, except that reasonable and customary charges or fees for adoption counseling, hospital, legal, or medical services may be paid. I. Access to Birth and Adoption Records When your child is at least 21 years old, your child, your child's other parent, or you may apply to the Maryland Secretary of the Department of Health and Mental Hygiene for access to certain birth and adoption records. If you do not want information about you to be disclosed (given) to that person, you have the right to prevent disclosure by filing a disclosure veto. Attached to this document is a copy of the form that you may use if you want to file a disclosure veto. J. Adoption Search, Contact, and Reunion Services When your child is at least 21 years old, your child, your child's other parent or siblings, or you may apply to the Director of the Social Services Administration of the Maryland Department of Human Resources for adoption search, contact, and reunion services. K. Rights under the Indian Child Welfare Act If you or your child are members of or are eligible for membership in an Indian tribe, as defined by federal law, you have special legal rights under the Indian Child Welfare Act. You should not sign this consent form if you believe this may apply to you. You should tell the person requesting the consent or the court that you believe that your child's case should be handled under the Indian Child Welfare Act. L. Authorization for Access to Medical and Mental Health Records You may be asked to sign a separate form (authorization) to allow the adoptive parents to get your child's medical and mental health records or your medical and mental health records. If you agree

to allow access to this information, the records given to the adoptive parents will not include identifying information about you unless identifying information was previously exchanged by agreement. M. Signature, Witness, and Copy If you decide to complete and sign the consent form, you must have a witness present when you sign it. The witness must be someone 18 or older and should not be the child or the child's other parent. You must complete and sign the form with a pen and print or type in your name, address, and telephone number. The witness also must sign the form and print or type in the witness' name, address, and telephone number in the blanks on the last page. If you have a post-adoption agreement, you must attach a copy to the signed consent form. You have the right to receive a copy of the signed consent form. STOP HERE IF YOU DID NOT UNDERSTAND SOMETHING YOU HAVE READ OR IF YOU WANT TO SPEAK WITH A LAWYER OR GET ADOPTION COUNSELING BEFORE YOU DECIDE IF YOU WANT TO SIGN THE CONSENT FORM. If you wish to sign the consent form, you must also sign here to verify that you read these instructions and understand them:

(Signature)

(Date)

You must attach a copy of these signed instructions to the signed consent form. CONSENT TO INDEPENDENT ADOPTION OF WITH TERMINATION OF PARENTAL RIGHTS Use a pen to fill out this form. You must complete each section. A. Identifying Information 1. Language. I understand English, or this consent form has been translated into understand. 2. Name. My name is . , a language that I

3. Age. My date of birth is 4. Child. The child who is the subject of this consent was born on (date) at (name of hospital or address of birthplace) in (city, state, and county of birth) 5. Status as Parent. Check all that apply. (a) I am [ ] the mother of the child [ ] the father of the child [ ] alleged to be the father of the child (b) I was married to the mother of the child [ ] at the time of conception of the child [ ] at the time the child was born. B. Right to Speak with a Lawyer I WANT TO COMPLETE THIS CONSENT FORM BECAUSE: Check one of the following [ ] I already have spoken with a lawyer whose name and telephone number are . I have read the instructions at the front of this form, and I am ready to consent to the adoption. . , .

OR [ ] I am at least 18 years old and am able to understand this document. I have read the instructions at the front of this form, and I do not want to speak with a lawyer before I consent to the adoption. C. Right to Counseling and Guidance I WANT TO COMPLETE THIS CONSENT FORM BECAUSE: Check one of the following: [ ] I have already spoken with a counselor. I have read the instructions at the front of this form, and I am ready to consent to the adoption. OR [ ] I do not want to speak with a counselor. I have read the instructions at the front of this form, and I am ready to consent to the adoption. D. Consent I voluntarily and of my own free will consent to the ending (termination) of my rights as parent to and to the adoption of my child, , by person(s) known to me as . I also agree that such person(s) shall have temporary custody of the child until the completion of the adoption. E. Notice Check one of the following: [ ] I give up (waive) the right to any further notice of the adoption case. OR [ ] I want to be notified when the adoption case is filed, of any hearings and if and when my child is adopted. F. Revocation Rights I understand that if I change my mind and no longer consent to the adoption, I have the right to revoke this consent within 30 days after the date that I signed this consent form. I understand that the only way that I can revoke this consent is by giving a signed written revocation to the Adoption Clerk, Circuit Court for at .

G. Effect of this Consent I UNDERSTAND THAT IF I SIGN THIS CONSENT FORM, AND ADOPTION IS GRANTED, I WILL BE GIVING UP ALL RIGHTS AND RESPONSIBILITIES RELATING TO THE CHILD, EXCEPT THOSE RIGHTS THAT I HAVE KEPT UNDER ANY WRITTEN POST-ADOPTION AGREEMENT. H. Oath and Signature I have read carefully and understand the instructions in front of this consent form. I am signing this consent form voluntarily and of my own free will. I solemnly affirm under the penalties of perjury that the contents of this consent form are true to the best of my knowledge, information, and belief.

(Date)

(Signature)

(Printed Name)

(Address)

(City, State, Zip Code)

(Telephone Number) Witness:

(Signature)

(Date)

(Printed Name)

(Address)

(City, State, Zip Code)

(Telephone Number) A COPY OF THE INSTRUCTIONS WITH YOUR SIGNATURE MUST BE ATTACHED TO THIS CONSENT FORM. IF YOU HAVE A POST-ADOPTION AGREEMENT, ATTACH A COPY TO THIS CONSENT FORM. HISTORY: (Added June 4, 2007, effective July 1, 2007.) MARYLAND RULES TITLE 9. FAMILY LAW ACTIONS FORMS FOR GUARDIANSHIPS THAT TERMINATE PARENTAL RIGHTS AND ADOPTIONS Md. Rules Form 9-102.5 (2012) Form 9-102.5. Consent of parent to an independent adoption without termination of parental rights CONSENT OF PARENT TO ADOPTION OF Independent Adoption without Termination of Parental Rights INSTRUCTIONS These instructions and attached consent form may be used only in independent adoptions, not those that are arranged by an adoption agency. This form should only be used for a parent whose parental rights are not being terminated. It should be used for a parent who is retaining parental rights, for example, a custodial parent in a step-parent adoption. Code, Family Law Article, Title 5, Subtitle 3B. The attached consent form is an important legal document. You must read all of these instructions BEFORE you sign the consent form. If you do not understand the instructions or the consent form, you should not sign it. If you are under 18 years old or if you have a disability that makes it

difficult for you to understand, do not sign the consent form unless you have a lawyer. A. Right to Have This Information in a Language You Understand You have the right to have these instructions and the consent form translated into a language that you understand. If you cannot read or understand English, you should not sign the consent form. You should have this form translated for you into a language you do understand. The translated consent form is the one you should read and decide whether or not to sign. Any translation must have an affidavit attached in which the translator states that it is a true and accurate translation of this document. B. Right to Speak with a Lawyer You have the right to speak with a lawyer before you decide whether or not to consent. You should not sign the consent form without a lawyer if you are under 18 years old or have a disability that makes it difficult for you to understand this document. If you are under 18 years old or have a disability that makes it difficult for you to understand this document, you are required to have a lawyer review the form with you before you can consent to the adoption. Even if you are not required to have a lawyer, you have the right to speak with a lawyer you choose before you decide whether to consent. C. Right to Adoption Counseling You have the right to receive adoption counseling and guidance. If you want adoption counseling or guidance, you should not complete this consent form until after you have gotten adoption counseling or guidance. D. Effect of Signing the Consent Form IF YOU SIGN THE CONSENT FORM, YOU WILL NOT BE GIVING UP ANY RIGHTS OR RESPONSIBILITIES RELATING TO THE CHILD. E. Right to Revoke Consent If you sign the consent form and then change your mind and no longer want to consent, you have the right to revoke (cancel) the consent within 30 days after the date that you sign the consent form. The only way that you can revoke this consent is by giving a signed written revocation statement with the name, sex, and date of birth of the child (if you know it) to: Adoption Clerk, Circuit Court for , at (Address).

The revocation must be sent to the court, not to the lawyers or the people adopting the child. You may deliver your written revocation of consent in person or by mail. If it is not received by the Adoption Clerk's office within 30 days after the date you signed the consent form, it will be too

late, and you will not be able to withdraw the consent or stop the adoption from being granted. If you sign this consent form, and then revoke your consent, and then decide to consent to the adoption again, you will not be able to revoke your second consent if you give your second consent in court within one year of your revocation of this consent. G. Further Notice of Adoption Proceedings A petition for adoption has been or will be filed in the Circuit Court for . If you sign the consent form, your written consent will also be filed in the court. You have the right to be notified when the petition is filed, when any hearings are held before the adoption is granted, and if and when the adoption is granted. Any notices will be sent to the address given by you on the consent form, unless you write to the Adoption Clerk at (court's address) and give the clerk your new address. You may waive (give up) your right to notice if you wish to do so. Even if you give up your right to notice, someone from the court may contact you if further information is needed. H. Compensation Under Maryland law, you are not allowed to charge or receive money or compensation of any kind for the placement for adoption of your child or for your agreement to the adoptive parent having custody of your child, except that reasonable and customary charges or fees for adoption counseling, hospital, legal, or medical services may be paid. I. Access to Birth and Adoption Records When your child is at least 21 years old, your child, your child's other parent, or you may apply to the Maryland Secretary of the Department of Health and Mental Hygiene for access to certain birth and adoption records. If you do not want information about you to be disclosed (given) to that person, you have the right to prevent disclosure by filing a disclosure veto. Attached to this document is a copy of the form that you may use if you want to file a disclosure veto. J. Adoption Search, Contact, and Reunion Services When your child is at least 21 years old, your child, your child's other parent or siblings, or you may apply to the Director of the Social Services Administration of the Maryland Department of Human Resources for adoption search, contact, and reunion services. K. Rights under the Indian Child Welfare Act If you or your child are members of or are eligible for membership in an Indian tribe, as defined by federal law, you have special legal rights under the Indian Child Welfare Act. You should not sign this consent form if you believe this may apply to you. You should tell the person requesting the consent or the court that you believe that your child's case should be handled under the Indian Child Welfare Act. L. Signature, Witness, and Copy

If you decide to complete and sign the consent form, you must have a witness present when you sign it. The witness must be someone 18 or older and should not be the child or the child's other parent. You must complete and sign the form with a pen and print or type in your name, address, and telephone number. The witness also must sign the form and print or type in the witness' name, address, and telephone number in the blanks on the last page. If you have a post-adoption agreement, you must attach a copy to the signed consent form. You have the right to receive a copy of the signed consent form. STOP HERE IF YOU DID NOT UNDERSTAND SOMETHING YOU HAVE READ OR IF YOU WANT TO SPEAK WITH A LAWYER OR GET ADOPTION COUNSELING BEFORE YOU DECIDE IF YOU WANT TO SIGN THE CONSENT FORM. If you wish to sign the consent form, you must also sign here to verify that you read these instructions and understand them:

(Signature)

(Date)

You must attach a copy of these signed instructions to the signed consent form. CONSENT TO INDEPENDENT ADOPTION WITHOUT TERMINATION OF PARENTAL RIGHTS Use a pen to fill out this form. You must complete each section. A. Identifying Information 1. Language. I understand English, or this consent form has been translated into understand. 2. Name. My name is 3. Age. My date of birth is 4. Child. . . , a language that I

The child who is the subject of this consent was born on (date) at (name of hospital or address of birthplace) in (city, state, and county of birth) 5. Status as Parent. Check all that apply. (a) I am [ ] the mother of the child [ ] the father of the child [ ] alleged to be the father of the child (b) I was married to the mother of the child [ ] at the time of conception of the child [ ] at the time the child was born. B. Right to Speak with a Lawyer I WANT TO COMPLETE THIS CONSENT FORM BECAUSE: Check one of the following [ ] I already have spoken with a lawyer whose name and telephone number are . I have read the instructions at the front of this form, and I am ready to consent to the adoption. OR [ ] I am at least 18 years old and am able to understand this document. I have read the instructions at the front of this form, and I do not want to speak with a lawyer before I consent to the adoption. C. Right to Counseling and Guidance . ,

I WANT TO COMPLETE THIS CONSENT FORM BECAUSE: Check one of the following: [ ] I have already spoken with a counselor. I have read the instructions at the front of this form, and I am ready to consent to the adoption. OR [ ] I do not want to speak with a counselor. I have read the instructions at the front of this form, and I am ready to consent to the adoption. D. Consent I voluntarily and of my own free will consent to the adoption of my child, , by .

E. Notice Check one of the following: [ ] I give up (waive) the right to any further notice of the adoption case. OR [ ] I want to be notified when the adoption case is filed, of any hearings, and if and when my child is adopted. F. Revocation Rights I understand that if I change my mind and no longer consent to the adoption, I have the right to revoke this consent within 30 days after the date that I signed this consent form. I understand that the only way that I can revoke this consent is by giving a signed written revocation statement to the Adoption Clerk, Circuit Court for at . G. Effect of this Consent I UNDERSTAND THAT IF I SIGN THIS CONSENT FORM, I WILL NOT BE GIVING UP ANY RIGHTS AND RESPONSIBILITIES RELATING TO THE CHILD. H. Oath and Signature

I have read carefully and understand the instructions at the front of this consent form. I am signing this consent form voluntarily and of my own free will. I solemnly affirm under the penalties of perjury that the contents of this consent form are true to the best of my knowledge, information, and belief.

(Date)

(Signature)

(Printed Name)

(Address)

(City, State, Zip Code)

(Telephone Number) Witness:

(Signature)

(Date)

(Printed Name)

(Address)

(City, State, Zip Code)

(Telephone Number) A COPY OF THE INSTRUCTIONS WITH YOUR SIGNATURE MUST BE ATTACHED TO THE CONSENT FORM. HISTORY: (Added June 4, 2007, effective July 1, 2007.) MARYLAND RULES TITLE 9. FAMILY LAW ACTIONS FORMS FOR GUARDIANSHIPS THAT TERMINATE PARENTAL RIGHTS AND ADOPTIONS Md. Rules Form 9-102.6 (2012) Form 9-102.6. Consent of child to a public agency adoption or private agency adoption CONSENT OF (Name of Child) INSTRUCTIONS This consent form may be completed only after being reviewed with an attorney and should be completed only by a child who is in the custody of or under the guardianship of the Department of Social Services or under the guardianship of a private child placement agency. Code, Family Law Article, Title 5, Subtitle 3 or 3A. 1. I understand English, or this consent form has been translated into understand. 2. My name is 3 My date of birth is 4. I understand that . . I am years old. , a language that I TO ADOPTION

have asked to adopt me.

5. I have a lawyer whose name and telephone number are . I have met with my lawyer who has gone over this consent form with me and explained to me what it means to be adopted. 6. I understand that if I agree to be adopted, and I am adopted, and I will become their child. will become my parents,

7. I understand that I do not have to agree to be adopted. If I do not agree, the judge cannot approve the adoption. If the adoption is not approved, and I am not adopted by someone else, a judge will decide where I will live.

8. I voluntarily and of my own free will agree to being adopted by . I understand that if they are not able to complete the adoption, this consent form will no longer be valid and can no longer be used. 9. I understand that if I change my mind and do not want to be adopted, I must tell my lawyer, my social worker, or the judge immediately. I will have to sign a written statement or tell the judge in court that I do not want to be adopted before the adoption order is signed by a judge. This is called a revocation of consent. 10. I understand that when I am at least 21 years old, my birth parents or I may apply to the Secretary of the Maryland Department of Health and Mental Hygiene to get certain birth and adoption records. If I do not want information about me to be given to my birth parents, I have the right to file a form called a "disclosure veto." I have been given a form that I may use if I want to file a disclosure veto. 11. I understand that when I am at least 21 years old, my birth parents, my siblings, or I may apply to the Director of the Social Services Administration of the Maryland Department of Human Resources for adoption search, contact, and reunion services. 12. I have read this consent form or have had it read and explained to me in a language that I understand. I understand the meaning of this consent form. 13. I have not been promised anything in return for agreeing to be adopted. 14. I have signed this consent form of my own free will. 15. I understand that I will be given a copy of this signed consent form. I solemnly affirm under the penalties of perjury that the contents of this consent to adoption form are true to the best of my knowledge, information, and belief.

(Date)

(Signature)

(Printed Name)

(Address)

(City, State, Zip Code)

(Telephone Number) Witness:

(Date)

(Signature)

(Printed Name)

(Address)

(City, State, Zip Code)

(Telephone Number) HISTORY: (Added June 4, 2007, effective July 1, 2007.) MARYLAND RULES TITLE 9. FAMILY LAW ACTIONS FORMS FOR GUARDIANSHIPS THAT TERMINATE PARENTAL RIGHTS AND ADOPTIONS Md. Rules Form 9-102.7 (2012) Form 9-102.7. Consent of child to independent adoption CONSENT OF (Name of child) INSTRUCTIONS This consent form should be completed only by a child who is being adopted in an independent adoption that is not being arranged by an adoption or child placement agency. Code, Family Law Article, Title 5, Subtitle 3B. TO INDEPENDENT ADOPTION

The attached consent form is an important legal document. You must read all of these instructions BEFORE you sign the form and agree to being adopted. If you do not understand the instructions or the consent form, you should not sign it. If you have a disability that makes it hard for you to understand this form, do not complete this consent form unless you have a lawyer. A. Right to Have This Information in a Language You Understand You have the right to have these instructions and the consent form translated into a language that you understand. If you cannot read or understand English, you should not sign the consent form. B. Right to Speak with a Lawyer If you have a disability that makes it hard for you to understand this consent form, do not complete this form because you must have a lawyer before you may complete this form and agree to be adopted. Even if you do not have a problem understanding this consent form, you have the right to speak with a lawyer before you agree to be adopted. If you want to speak with a lawyer, do not complete this form until you have spoken with a lawyer. C. What Happens if You Sign the Consent Form If you sign the consent form, the people who want to adopt you will file an adoption case in the Circuit Court for . There probably will be a court hearing about your adoption. During that hearing, the judge probably will ask you if you want to be adopted. The judge will make the final decision about your adoption. D. Right to Revoke Consent If you sign this consent form and then change your mind and decide that you do not want to be adopted, you may take back or "revoke" your consent. However, you must revoke your consent before the judge signs the adoption order, and you must revoke it either in writing or in court in front of the judge. If you decide you do not want to be adopted, you should write the judge at Circuit Court at (address) immediately, or tell the judge before or at the beginning of your adoption hearing. STOP HERE IF YOU DID NOT UNDERSTAND SOMETHING YOU HAVE READ OR IF YOU WANT TO SPEAK WITH A LAWYER BEFORE YOU DECIDE IF YOU WANT TO SIGN THE CONSENT FORM. If you wish to sign the consent form, you must also sign here to verify that you read these instructions and understand them:

(Signature)

(Date)

You must attach a copy of these signed instructions to the signed consent form. CONSENT OF (Name of Child) Use a pen to fill out this form. If you decide to sign the consent form, you must have a witness present when you sign it. The witness must be someone 18 or older and should not be your parent or the person who is adopting you. You must fill in all the blanks, sign the form, and print your name, address, and telephone number, and the witness must sign and print the witness' name, address, and telephone number in the blanks on the last page. 1. I understand English, or this consent form has been translated into understand. 2. My name is 3. My date of birth is 4. I understand that 5. Check one: [ ] I have a lawyer whose name and telephone number are . I have met with my lawyer who has gone over this consent form with me and explained to me what it means to be adopted. I want to agree to be adopted. OR [ ] I do not have a lawyer. I have read the instructions in the front of this form, and I understand this consent form. I do not want to speak with a lawyer before I complete this form and agree to be adopted. 6. I understand that if I agree to be adopted, and I am adopted, parents, and I will become their child. 7. I understand that if I agree to be adopted, and I am adopted, parents. will become my will no longer be my . I am years old. . , a language that I TO INDEPENDENT ADOPTION

have ask to adopt me.

8. I understand that I do not have to agree to be adopted. If I do not agree, the court cannot approve the adoption. 9. I voluntarily and of my own free will agree to being adopted by . I understand that if they are not able to complete the adoption, this consent form will no longer be valid and can no

longer be used. 10. I understand that if I change my mind and do not want to be adopted, I must tell the judge immediately. I will have to sign a written statement or tell the judge in court that I do not want to be adopted before the adoption order is signed. 11. I understand that when I am at least 21 years old, my birth parents or I may apply to the Secretary of the Maryland Department of Health and Mental Hygiene to get certain birth and adoption records. If I do not want information about me to be given to my birth parents, I have the right to file a form called a "disclosure veto." I have been given a form that I may use if I want to file a disclosure veto. 12. I understand that when I am at least 21 years old, my birth parents, my siblings, or I may apply to the Director of the Social Services Administration of the Maryland Department of Human Resources for adoption search, contact, and reunion services. 13. I have read this consent form or have had it read and explained to me in a language that I understand. I understand the meaning of this consent form. 14. I have not been promised anything in return for agreeing to be adopted. 15. I have signed this consent form of my own free will. 16. I understand that I will be given a copy of this signed consent form. I solemnly affirm under the penalties of perjury that the contents of this consent to adoption form are true to the best of my knowledge, information, and belief.

(Date)

(Signature)

(Printed Name)

(Address)

(City, State, Zip Code)

(Telephone Number) Witness:

(Date)

(Signature)

(Printed Name)

(Address)

(City, State, Zip Code)

(Telephone Number) A COPY OF THE INSTRUCTIONS WITH YOUR SIGNATURE MUST BE ATTACHED TO THIS CONSENT FORM. HISTORY: (Added June 4, 2007, effective July 1, 2007.) MARYLAND RULES TITLE 9. FAMILY LAW ACTIONS FORMS FOR GUARDIANSHIPS THAT TERMINATE PARENTAL RIGHTS AND ADOPTIONS Md. Rules Form 9-102.8 (2012) Form 9-102.8. Attorney affidavit as to consent of a parent to a public agency guardianship or private agency guardianship Affidavit by Attorney as to Consent of Consent to Adoption ("Guardianship") by 1. I am the attorney representing consent. (parent) to Guardianship with the Right to (agency) of (child) , the child who is the subject of the years old. The parent's date of birth

, a parent of

2. The parent, at the time of the signing of the consent, was is .

3. (Check one of the following) [ ] The parent is not disabled or is disabled but the disability does not affect the parent's ability to understand the meaning of the consent to guardianship. OR [ ] The parent is a minor or has a disability that could affect the parent's ability to understand the meaning of the consent to guardianship. The disability is . Despite the parent's age or disability, I believe that the parent understood the meaning of consenting to guardianship. The following additional steps were taken to ensure that the parent understood the meaning of the consent form prior to signing it: . 4. The parent understands English, or the consent form that the parent signed was translated into , a language that the parent understands. 5. I have explained to the parent that (agency) has filed or plans to file a case to ask the court to grant it guardianship of the child with the right to consent to adoption by: Check one of the following: [ ] a family approved by the agency. OR [] (name by which parent knows adoptive parent).

6. I reviewed the consent form thoroughly with the parent, and I believe that the parent desires to consent to the guardianship and has signed the consent form knowingly and voluntarily and not due to duress or coercion. I solemnly affirm under the penalties of perjury that the contents of this affidavit are true to the best of my knowledge, information, and belief.

(Date)

(Signature)

(Printed Name)

(Address)

(City, State, Zip Code)

(Telephone Number) HISTORY: (Added June 4, 2007, effective July 1, 2007.) MARYLAND RULES TITLE 9. FAMILY LAW ACTIONS FORMS FOR GUARDIANSHIPS THAT TERMINATE PARENTAL RIGHTS AND ADOPTIONS Md. Rules Form 9-102.9 (2012) Form 9-102.9. Attorney affidavit as to consent of a parent to adoption Affidavit by Attorney as to Consent of 1. I am the attorney representing consent. (parent) to Adoption of , the child who is the subject of the years old. The parent's date of birth

, a parent of

2. The parent, at the time of the signing of the consent, was is . 3. (Check one of the following)

[ ] The parent is not disabled or is disabled but the disability does not affect the parent's ability to understand the meaning of the consent to adoption. OR [ ] The parent is a minor or has a disability that could affect the parent's ability to understand the meaning of the consent to adoption. The disability is

. Despite the parent's age or disability, I believe that the parent understood the meaning of consenting to adoption. The following additional steps were taken to ensure that the parent understood the meaning of the consent form prior to signing it: . 4. The parent understands English, or the consent form that the parent signed was translated into , a language that the parent understands. 5. I have explained to the parent that (name by which parent knows adoptive parent) has filed or plans to file a case to ask the court to permit that person to adopt the parent's child. 6. I reviewed the consent form thoroughly with the parent, and I believe that the parent desires to consent to the adoption and has signed the consent form knowingly and voluntarily and not due to duress or coercion. I solemnly affirm under the penalties of perjury that the contents of this affidavit are true to the best of my knowledge, information, and belief.

(Date)

(Signature)

(Printed Name)

(Address)

(City, State, Zip Code)

(Telephone Number) HISTORY: (Added June 4, 2007, effective July 1, 2007.)

MARYLAND RULES TITLE 9. FAMILY LAW ACTIONS FORMS FOR GUARDIANSHIPS THAT TERMINATE PARENTAL RIGHTS AND ADOPTIONS Md. Rules Form 9-102.10 (2012) Form 9-102.10. Attorney affidavit as to consent of a child to adoption Affidavit by Attorney as to Consent of 1. I am the attorney representing proceeding ("the child"). (Child) to Adoption

, the individual who is the subject of this adoption

2. The child, at the time of the signing of the consent form, was years old. The child's date of birth is . To the best of my knowledge, the child is not an Indian child subject to the provisions of the Indian Child Welfare Act. 3. (Check one of the following) [ ] The child is not disabled or is disabled but the disability would not affect the child's ability to understand the meaning of the consent to adoption. OR [ ] The child has a disability that could affect the child's ability to understand the meaning of consenting to adoption. The disability is .

Despite the child's disability, I believe that the child understands the meaning of the consenting adoption. The following additional steps were taken to ensure that the child understood the meaning of the consent form prior to signing it: . 4. The child understands English, or the consent form that the child signed has been translated into , a language that the child understands. 5. I have explained to the child that have asked the court to be permitted to adopt the child, that the child has the right to decide whether or not the child wants to be adopted, and the possible options if the adoption is not approved. 6. I reviewed the consent form thoroughly with the child, and I believe that the child agrees to the adoption and has signed the consent form knowingly and voluntarily and not due to duress or coercion.

I solemnly affirm under the penalties of perjury that the contents of this affidavit are true to the best of my knowledge, information, and belief.

(Date)

(Signature)

(Printed Name)

(Address)

(City, State, Zip Code)

(Telephone Number) HISTORY: (Added June 4, 2007, effective July 1, 2007.)

MARYLAND RULES TITLE 10. GUARDIANS AND OTHER FIDUCIARIES CHAPTER 100. GENERAL PROVISIONS Md. Rule 10-101 (2012) Rule 10-101. Applicability of title; jurisdiction (a) Applicability. Except as otherwise provided by law, the rules in this Title apply to proceedings concerning: (1) the guardianship of minors and disabled persons or their property; (2) a fiduciary estate; and (3) the distribution of property to an absent or unknown person. (b) Scope of jurisdiction. In proceedings under this Title, the court may exercise its jurisdiction generally or for a limited purpose. An investment in a common trust fund by a fiduciary administering an estate subject to the jurisdiction of a court does not bring the administration of the common trust fund under the jurisdiction of the court. MARYLAND RULES TITLE 10. GUARDIANS AND OTHER FIDUCIARIES CHAPTER 100. GENERAL PROVISIONS

Md. Rule 10-102 (2012) Rule 10-102. Applicability of Titles 1 and 2 (a) Applicability of Title 1. Except as otherwise provided in this Title, the rules in Title 1 apply to this Title. (b) Applicability of Title 2. Any interested person may obtain discovery in a contested matter pursuant to Title 2, Chapter 400 of these Rules, unless otherwise ordered by the court. Except as otherwise provided in this Title, a court may apply any of the rules in Title 2 as appropriate. MARYLAND RULES TITLE 10. GUARDIANS AND OTHER FIDUCIARIES CHAPTER 100. GENERAL PROVISIONS Md. Rule 10-103 (2012) Rule 10-103. Definitions In this Title the following definitions apply except as expressly otherwise provided or as necessary implication requires: (a) Court. "Court" means the circuit court for any county and, where it has jurisdiction, the Orphans' Court. Cross references. -- See Code, Estates and Trusts Article, 13-105 for the jurisdiction of the Orphans' Court over guardians of the person of a minor and protective proceedings for minors. See also 92 Op. Atty. Gen. 009 (March 20, 1992). (b) Disabled person. (1) In connection with a guardianship of the person, "disabled person" means a person, other than a minor, who, because of mental disability, disease, habitual drunkenness, or addiction to drugs, has been adjudged by a court to lack sufficient understanding or capacity to make or communicate responsible decisions concerning himself or herself, such as provisions for health care, food, clothing, or shelter, and who, as a result of this inability, requires a guardian of the person. (2) In connection with a guardianship of property, "disabled person" means a person, other than a minor, (A) who has been adjudged by a court to be unable to manage his or her property and affairs effectively because of physical or mental disability, disease, habitual drunkenness, addiction to drugs, imprisonment, compulsory hospitalization, confinement, detention by a foreign power, or disappearance, (B) who has or may be entitled to property or benefits that require proper management, and (C) who, as a result of this inability, requires a guardian of the property. Cross references. -- Code, Estates and Trusts Article, 13-101, 13-705 (b) and 13-201 (c).

(c) Fiduciary. "Fiduciary" means (1) a guardian of the property of a minor or disabled person, (2) a guardian of the person of a minor or disabled person to the extent that the guardian exercises control over any property of the minor or disabled person, (3) a trustee acting under any inter vivos or testamentary trust over which the court has been asked to assume or has assumed jurisdiction, (4) a person administering an estate under appointment by a court as a "committee," "conservator," or the like, and (5) a personal representative of a decedent to the extent provided in Rules 10-703 and 10-711. (d) Fiduciary estate. "Fiduciary estate" means real or personal property administered by a fiduciary. (e) Heir. "Heir" means a person who would be entitled under the law of this State to inherit property if, at the applicable time, the owner of the property had died intestate. (f) Interested person. (1) In connection with a guardianship of the person or the authorization of emergency protective services, "interested person" means the minor or the disabled person; the guardian and heirs of that person; a governmental agency paying benefits to that person or a person or agency eligible to serve as guardian of the person under Code, Estates and Trusts Article, 13-707; the Department of Veterans Affairs as directed by Code, Estates and Trusts Article, 13-801; and any other person designated by the court. (2) In connection with a guardianship of the property or other fiduciary proceedings, "interested person" means a person who would be an interested person under subsection (f) (1) of this Rule and a current income beneficiary of the fiduciary estate; a fiduciary and co-fiduciary of the fiduciary estate; and the creator of the fiduciary estate. (3) If an interested person is a minor or disabled person, "interested person" includes a fiduciary appointed for that person, or, if none, the parent or other person who has assumed responsibility for the interested person. Cross references. -- Code, Estates and Trusts Article, 13-101 (j) and 13-801. (g) Minor. "Minor" means a person who is under the age of eighteen. (h) Public guardian. "Public guardian" means a guardian who is the director of a local department of social services, the State Department of Aging, or an area agency on aging. (i) Temporary guardian. "Temporary guardian" means (1) a person appointed under Rule 10-210 in a proceeding for emergency protective services, (2) a person who has been authorized to preserve and apply the property of a minor or alleged disabled person pending a hearing on a petition for guardianship, and (3) a guardian of the person or property appointed by the court pending the appointment of a substituted or successor guardian. HISTORY: (Amended Oct. 5, 1999.)

MARYLAND RULES TITLE 10. GUARDIANS AND OTHER FIDUCIARIES CHAPTER 100. GENERAL PROVISIONS Md. Rule 10-104 (2012) Rule 10-104. Show cause orders Except as provided in Rules 10-209 (b), 10-213, and 10-705, upon the filing of a petition, the court shall issue a show cause order directing a person to show cause in writing on or before a specified date why the court should not take the action described in the order. Unless the court orders otherwise, the specified date shall be 20 days after the date prescribed for service in the order. The order shall also specify who is to be served and the method of service and, if a hearing is scheduled when the order is issued, the date, time, and place of the hearing. A copy of any related petition or document shall be served with a copy of the order. If required, the Advice of Rights form and the Notice to Interested Persons form shall also be served with the copy of the order. HISTORY: (Amended Feb. 10, 1998, effective July 1, 1998.) MARYLAND RULES TITLE 10. GUARDIANS AND OTHER FIDUCIARIES CHAPTER 100. GENERAL PROVISIONS Md. Rule 10-105 (2012) Rule 10-105. Waiver of notice (a) Method of waiver. An interested person other than a minor or disabled person may waive the right to any or all notices other than original notice by filing a signed waiver. A minor or disabled person may waive the right to any or all notices other than original notice by a waiver signed and filed by his or her attorney, which shall not be effective until approved by the court. (b) Revocation. A waiver of notice may be revoked at any time by the filing of a revocation, which shall be effective from the date filed. MARYLAND RULES TITLE 10. GUARDIANS AND OTHER FIDUCIARIES CHAPTER 100. GENERAL PROVISIONS Md. Rule 10-106 (2012) Rule 10-106. Appointment of attorney or investigator (a) Appointment of attorney by the court. Upon the filing of a petition for guardianship of the

person or property of a disabled person or minor who is not represented by an attorney, the court shall promptly appoint an attorney for the disabled person and may appoint an attorney for the minor. The fee of an appointed attorney shall be fixed by the court and shall be paid out of the fiduciary estate or as the court shall direct. To the extent the estate is insufficient, the fee of an attorney appointed for a disabled person shall be paid by the State. Cross references. -- Code, Estates and Trusts Article, 13-211 (b) and 13-705 (d). See also Rule 1.14 of the Maryland Lawyers' Rules of Professional Conduct with respect to the attorney's role and obligations. (b) Automatic termination of appointment; continuation of representation if public guardian appointed. If no appeal is taken from a judgment dismissing the petition or appointing a guardian other than a public guardian, the attorney's appointment shall terminate automatically upon expiration of the time for filing an appeal unless the court orders otherwise. If a public guardian has been appointed for the disabled person, the court shall either continue the attorney's appointment or appoint another attorney to represent the disabled person before the Adult Public Guardianship Review Board. Cross references. -- Code, Family Law Article, 14-404 (c) (2). (c) Investigator. The court may appoint an independent investigator to investigate the facts of the case and report written findings to the court. The fee of an appointed investigator shall be fixed by the court and shall be paid out of the fiduciary estate or as the court shall direct. To the extent the estate is insufficient, the fee of an independent investigator appointed by the court shall be paid by the State. MARYLAND RULES TITLE 10. GUARDIANS AND OTHER FIDUCIARIES CHAPTER 100. GENERAL PROVISIONS Md. Rule 10-107 (2012) Rule 10-107. Assessment and waiver of fees and costs -- Guardianships (a) Assessment. Upon a determination on the merits of a petition to appoint a guardian, the court may assess the filing fee and other court costs against the assets of the fiduciary estate or against the petitioner. (b) Waiver. The court shall waive final costs and fees if the court finds that the person against whom the costs are assessed is unable to pay them by reason of poverty. The person may seek the waiver at the conclusion of the case in accordance with Rule 1-325 (a). If the person was granted a waiver pursuant to that Rule and remains unable to pay the costs, the affidavit required by Rule 1325 (a) need only recite the existence of the prior waiver and the person's continued inability to pay.

MARYLAND RULES TITLE 10. GUARDIANS AND OTHER FIDUCIARIES CHAPTER 100. GENERAL PROVISIONS Md. Rule 10-108 (2012) Rule 10-108. Orders (a) Order appointing guardian. An order appointing a guardian shall state: (1) Whether the guardianship is of the property or person or both; (2) The name of the minor or disabled person; (3) The name, address, and telephone number of the guardian; (4) The reason for the guardianship; (5) The amount of the guardian's bond, or that the bond is waived; (6) The date upon which any annual report of the guardian shall be filed; and (7) The specific powers and duties of the guardian and any limitations on those powers or duties. The order shall recite the powers and duties of the guardian either expressly or by referring to the specific paragraphs of an applicable statute containing those powers and duties. Cross references. -- Code, Estates and Trusts Article, 13-201 (b) and (c), 13-213, 13-214, 15102, 13-705 (b), and 13-708. (b) Letters of guardianship. A court may issue letters of guardianship of the property which shall contain a list of any restrictions on the powers of the guardian. Cross references. -- Code, Estates and Trusts Article, 13-215 and 13-217. (c) Orders assuming jurisdiction over a fiduciary estate other than a guardianship. An order assuming jurisdiction over a fiduciary estate other than a guardianship shall state whether the court has assumed full jurisdiction over the estate. If it has not assumed full jurisdiction over the estate or if jurisdiction is contrary to the provisions in the instrument, the order shall state the extent of the jurisdiction assumed. The order shall state the amount of the fiduciary's bond or that the bond is waived. (d) Modifications. The court may modify any order of a continuing nature in a guardianship or fiduciary estate upon the petition of an interested person or on its own initiative, and after notice and opportunity for hearing.

MARYLAND RULES TITLE 10. GUARDIANS AND OTHER FIDUCIARIES CHAPTER 100. GENERAL PROVISIONS Md. Rule 10-109 (2012) Rule 10-109. Transfer of action (a) Proceedings initiated in the Orphans' Court. Upon the petition of an interested person, the Orphans' Court may transfer a guardianship or protective proceeding for a minor to the circuit court. Cross references. -- Code, Estates and Trusts Article, 13-105 (a); 92 Op. Atty. Gen. 009 (March 20, 1992). (b) Other proceedings. During the course of an action, the court, on its own initiative or on the petition of an interested person, may transfer the action to any other circuit court if the transfer (1) is in the best interest of the minor or alleged disabled person; or (2) serves the convenience of the guardian, fiduciary, and other interested persons and witnesses, is not inconsistent with the best interest of the minor or alleged disabled person, and serves the interest of justice. MARYLAND RULES TITLE 10. GUARDIANS AND OTHER FIDUCIARIES CHAPTER 100. GENERAL PROVISIONS Md. Rule 10-110 (2012) Rule 10-110. Combination of guardianship petitions A petition for the appointment of a guardian of the person of a minor or alleged disabled person may also include a request for the appointment of a guardian of the person's property, and vice versa.

MARYLAND RULES TITLE 10. GUARDIANS AND OTHER FIDUCIARIES CHAPTER 200. GUARDIAN OF PERSON Md. Rule 10-201 (2012) Rule 10-201. Petition for appointment of a guardian of person (a) Who may file. An interested person may file a petition requesting a court to appoint a guardian of a minor or alleged disabled person.

(b) Venue. (1) Resident. If the minor or alleged disabled person is a resident of Maryland, the petition shall be filed in the county where (A) the minor or alleged disabled person resides or (B) the person has been admitted for the purpose of medical care or treatment to either a general or a special hospital which is not a State facility as defined in Code, Health-General Article, 10-406 or a licensed private facility as defined in Code, Health-General Article, 10-501 to 10-511. (2) Nonresident. If the minor or alleged disabled person does not reside in this State, a petition for guardianship of the person may be filed in any county in which the person is physically present. (c) Contents. The petition shall be captioned, "In the Matter of ..." [stating the name of the minor or alleged disabled person]. It shall be signed and verified by the petitioner, may contain a request for the guardianship of property, and shall contain at least the following information: (1) The petitioner's name, address, age, and telephone number. (2) The petitioner's familial or other relationship to the minor or alleged disabled person. (3) Whether the person who is the subject of the petition is a minor or alleged disabled person, and, if an alleged disabled person, a brief description of the alleged disability and how it affects the alleged disabled person's ability to function. (4) The reasons why the court should appoint a guardian of the person and, if the subject of the petition is a disabled person, allegations demonstrating an inability of that person to make or communicate responsible decisions concerning the person, including provisions for health care, food, clothing, or shelter, because of mental disability, disease, habitual drunkenness or addiction to drugs, and a description of less restrictive alternatives that have been attempted and have failed. Cross references. -- Code, Estates and Trusts Article, 13-705 (b). (5) An identification of any instrument nominating a guardian or constituting a durable power of attorney, with a copy attached to the petition, if possible, and, if not, an explanation of its absence. Cross references. -- Code, Estates and Trusts Article, 13-701. (6) If a guardian or conservator has been appointed for the alleged disabled person in another proceeding, the name and address of the guardian or conservator and the court that appointed the guardian or conservator. If a guardianship or conservatorship proceeding was previously filed in any other court, the name and address of the court, the case number, if known, and whether the proceeding is still pending in that court. (7) A list of (A) the name, age, sex, and address of the minor or alleged disabled person, (B) the name and address of the persons with whom the minor or disabled person resides, and (C) if the minor or alleged disabled person resides with the petitioner, the name and address of another

person on whom service can be made. (8) The name, address, telephone number, and nature of interest of all other interested persons and all other persons exercising control of the minor or alleged disabled person, to the extent known or reasonably ascertainable. (9) If the minor or alleged disabled person is represented by an attorney, the name and address of the attorney. (10) A statement that the certificates required by Rule 10-202 are attached, or, if not, an explanation of their absence. (11) If the petition also seeks a guardianship of the property, the additional information required by Rule 10-301. (12) A statem MARYLAND RULES TITLE 10. GUARDIANS AND OTHER FIDUCIARIES CHAPTER 200. GUARDIAN OF PERSON Md. Rule 10-202 (2012) Rule 10-202. Certificates (a) Generally required. Except as provided in section (d), if guardianship of the person of a disabled person is sought, the petitioner shall file with the petition signed and verified certificates of (1) two physicians licensed to practice medicine in the United States who have examined the disabled person, or (2) one licensed physician or who has examined the disabled person and one licensed psychologist or certified clinical social worker who has seen and evaluated the disabled person. An examination or evaluation by at least one of the health care professionals under this subsection shall occur within 21 days before the filing of the petition. (b) Contents. Each certificate shall state: (1) the name, address, and qualifications of the person who performed the examination or evaluation, (2) a brief history of the person's involvement with the disabled person, (3) the date of the last examination or evaluation of the disabled person, and (4) the person's opinion as to: (A) the cause, nature, extent, and probable duration of the disability, (B) whether institutional care is required, and (C) whether the disabled person has sufficient mental capacity to understand the nature of and consent to the appointment of a guardian. (c) Delayed filing of certificates. (1) After refusal to permit examination. If the petition is not accompanied by the required certificate and the petition alleges that the disabled person is residing with or under the control of a person who has refused to permit examination by a physician or evaluation by a psychologist or certified clinical social worker, and that the disabled person may be at risk unless a guardian is

appointed, the court shall defer issuance of a show cause order. The court shall instead issue an order requiring that the person who has refused to permit the disabled person to be examined or evaluated appear personally on a date specified in the order and show cause why the disabled person should not be examined or evaluated. The order shall be personally served on that person and on the disabled person. (2) Appointment of health care professionals by court. If the court finds after a hearing that examinations are necessary, it shall appoint two physicians or one physician and one psychologist or certified clinical social worker to conduct the examinations or the examination and evaluation and file their reports with the court. If both health care professionals find the person to be disabled, the court shall issue a show cause order requiring the alleged disabled person to answer the petition for guardianship and shall require the petitioner to give notice pursuant to Rule 10-203. Otherwise, the petition shall be dismissed. (d) Beneficiary of the Department of Veterans Affairs. If guardianship of the person of a disabled person who is a beneficiary of the United States Department of Veterans Affairs is being sought, the petitioner shall file with the petition, in lieu of the two certificates required by section (a) of this Rule, a certificate of the Secretary of that Department or an authorized representative of the Secretary stating that the person has been rated as disabled by the Department in accordance with the laws and regulations governing the Department of Veterans Affairs. The certificate shall be prima facie evidence of the necessity for the appointment. HISTORY: (Amended Feb. 10, 1998, effective July 1, 1998; Oct. 5, 1999; Nov. 12, 2003, effective Jan. 1, 2004; Dec. 4, 2007, effective Jan. 1, 2008.) ent of the relief sought. MARYLAND RULES TITLE 10. GUARDIANS AND OTHER FIDUCIARIES CHAPTER 200. GUARDIAN OF PERSON Md. Rule 10-203 (2012) Rule 10-203. Service; notice (a) Service on minor or alleged disabled person. The petitioner shall serve a show cause order issued pursuant to Rule 10-104 on the minor or alleged disabled person and on the parent, guardian, or other person having care or custody of the minor or alleged disabled person. Service shall be in accordance with Rule 2-121 (a). If the minor or alleged disabled person resides with the petitioner, service shall be made upon the minor or disabled person and on such other person as the court may direct. Service upon a minor under the age of ten years may be waived provided that the other service requirements of this section are met. The show cause order served on a disabled person shall be accompanied by an "Advice of Rights" in the form set forth in Rule 10-204. (b) Notice to other persons. (1) To attorney. Unless the court orders otherwise, the petitioner shall mail a copy of the petition and show cause order by ordinary mail to the attorney for the minor or alleged disabled person.

(2) To interested persons. Unless the court orders otherwise, the petitioner shall mail by ordinary mail and by certified mail to all other interested persons a copy of the petition and show cause order and a "Notice to Interested Persons." (c) Notice to Interested Persons. The Notice to Interested Persons shall be in the following form:

In the Matter of Court for

In the Circuit

(Name of minor or alleged (County) disabled person) (docket reference) NOTICE TO INTERESTED PERSONS A petition has been filed seeking appointment of a guardian of the person of , who is alleged to be a minor or disabled person. You are an "interested person," that is, someone who should receive notice of this proceeding because you are related to or otherwise concerned with the welfare of this person. If the court appoints a guardian for the person, that person will lose certain valuable rights to make individual decisions. Please examine the attached papers carefully. If you object to the appointment of a guardian, please file a response in accordance with the attached show cause order. (Be sure to include the case number). If you wish otherwise to participate in this proceeding, notify the court and be prepared to attend any hearing. Each certificate filed pursuant to Rule 10-202 that is attached to the petition will be admissible as substantive evidence without the presence or testimony of the certifying health care professional unless you file a request that the health care professional appear to testify. The request must be filed at least 10 days before the trial date, unless the trial date is less than 10

days from the date your response is due. If the trial date is less than 10 days from the date your response is due, the request may be filed at any time before trial. If you believe you need further legal advice about this matter, you should consult your attorney. HISTORY: (Amended Oct. 5, 1999; Dec. 4, 2007, effective Jan. 1, 2008.) MARYLAND RULES TITLE 10. GUARDIANS AND OTHER FIDUCIARIES CHAPTER 200. GUARDIAN OF PERSON Md. Rule 10-204 (2012) Rule 10-204. Advice of rights The Advice of Rights required to be served on an alleged disabled person shall be in the following form:

TO

(Name).

A petition has been filed seeking appointment of a guardian of your person. IF THE COURT APPOINTS A GUARDIAN OF YOUR PERSON, YOU WILL LOSE CERTA IN VALUABLE RIGHTS, WHICH MAY INCLUDE THE RIGHT TO MAKE DECISIONS FOR Y OURSELF ABOUT WHERE YOU LIVE, HOW YOU LIVE, AND WHAT MEDICAL CARE YOU RECEI VE. YOU HAVE CERTAIN RIGHTS IN THIS CASE: 1. [ ] The petition alleges that (Name of Attorney) is your attorney. If that is not correct, notify the clerk immediately. [ ] The court has appointed (Name of Attorney)

as your attorney, but you may hire another attorney if you wish. 2. You will have a trial if you or your attorney object to the appointment of a guardian of your person. It will be a jury trial unless you give up the right to a jury trial. 3. You have the right to be present at the trial. 4. You have the right to present evidence on your own behalf and to cross-examine witnesses against you. 5. You have the right to suggest restrictions or limitations of the guardian's powers if a guardian is appointed. 6. The trial may be closed to the public if you so request. The above statements cannot cover all possible situations. Please read the attached papers carefully. You should consult with your attorney to determine what is in your best interest. Your or your attorney should file a response on or before the deadline stated in the attached order. MARYLAND RULES TITLE 10. GUARDIANS AND OTHER FIDUCIARIES CHAPTER 200. GUARDIAN OF PERSON Md. Rule 10-205 (2012) Rule 10-205. Hearing (a) Guardianship of the person of a minor. (1) No response to show cause order. If no response to the show cause order is filed and the court is satisfied that the petitioner has complied with the provisions of Rule 10-203, the court may rule on the petition summarily. (2) Response to show cause order. If a response to the show cause order objects to the relief requested, the court shall set the matter for trial, and shall give notice of the time and place of trial to all persons who have responded. Cross references. -- Code, Estates and Trusts Article, 13-702. (b) Guardianship of alleged disabled person. (1) Generally. When the petition is for guardianship of the person of an alleged disabled person, the court shall set the matter for jury trial. The alleged disabled person or the attorney representing the person may waive a jury trial at any time before trial. If a jury trial is held, the jury shall return

a verdict pursuant to Rule 2-522 (c) as to any alleged disability. Each certificate filed pursuant to Rule 10-202 is admissible as substantive evidence without the presence or testimony of the certifying health care professional unless, not later than 10 days before trial, an interested person who is not an individual under a disability, or the attorney for the alleged disabled person, files a request that the health care professional appear to testify. If the trial date is less than 10 days from the date the response is due, a request that the health care professional appear may be filed at any time before trial. If the alleged disabled person asserts that, because of his or her disability, the alleged disabled person cannot attend a trial at the courthouse, the court may hold the trial at a place to which the alleged disabled person has reasonable access. (2) Beneficiary of the Department of Veterans Affairs. If guardianship of the person of a disabled person who is a beneficiary of the United States Department of Veterans Affairs is being sought and no objection to the guardianship is made, a hearing shall not be held unless the Court finds that extraordinary circumstances require a hearing. HISTORY: (Amended Feb. 10, 1998, effective July 1, 1998; Jan. 20, 1999, effective July 1, 1999; Oct. 5, 1999; Nov. 1, 2001, effective Jan. 1, 2002; Dec. 4, 2007, effective Jan. 1, 2008.) MARYLAND RULES TITLE 10. GUARDIANS AND OTHER FIDUCIARIES CHAPTER 200. GUARDIAN OF PERSON Md. Rule 10-206 (2012) Rule 10-206. Annual report -- Guardianship of a disabled person (a) Report required. A guardian, other than a temporary guardian, of a disabled person shall file an annual report in the action. The reporting year shall end on (1) the anniversary of the date the court assumed jurisdiction over the person or (2) any other date approved by the trust clerk or the court. Cross references. -- Code, Estates and Trusts Article, 13-708 (b) (7). (b) Time for filing. The report shall be filed not later than 60 days after the end of the reporting year, unless the court for good cause shown shall extend the time. (c) Copies to interested persons. The guardian shall furnish a copy of the report to any interested person requesting it, unless the court orders otherwise. (d) Court approval. The court shall review the report and either enter an order accepting the report and continuing the guardianship or take other appropriate action. (e) Form of annual report. The guardian's report shall be in substantially the following form:

[CAPTION] ANNUAL REPORT OF OF 1. The name and permanent residence of the disabled person are: . 2. The disabled person currently resides or is physically present in: own home nursing home facility foster or boarding home relationship other (If other than disabled person's permanent home, state the name and address of the place where the disabled person lives .) 3. The disabled person has been in the current location since . If the person has moved within the past year, the (date) reasons for the change are: . 4. The physical and mental condition of the disabled person is as follows: guardian's home hospital or medical relative's home: , GUARDIAN

. 5. During the past year, the disabled person's physical or mental condition has changed in the following respects:

. 6. The disabled person is presently receiving the following care: . 7. I have applied funds as follows from the estate of the disabled person for the purpose of support, care, or education:

. 8. The plan for the disabled person's future care and well being, including any plan to change the person's location, is: . 9. [ ] I have no serious health problems that affect my ability to serve as guardian. [ ] I have the following serious health problems that may affect my ability to serve as guardian: . 10. This guardianship [ ] should be continued. [ ] should not be continued, for the following reasons: . 11. My powers as guardian should be changed in the following respects and for the following reasons:

. 12. The court should be aware of the following other matters relating to this guardianship:

. I solemnly affirm under the penalties of perjury that the contents of this report are true to the best of my knowledge, information, and belief.

Date

Guardian's Signature

Guardian's Name (typed or printed)

Street Address or Box Number

City and State

Telephone Number ORDER The foregoing Annual Report of a Guardian having been filed and reviewed, it is by the Court, this day of , , (month) (year)

ORDERED, that the report is accepted, and the guardianship is continued. (or) ORDERED, that a hearing shall be held in this matter on (date) .

JUDGE HISTORY: (Amended May 9, 2000, effective July 1, 2000.) MARYLAND RULES TITLE 10. GUARDIANS AND OTHER FIDUCIARIES CHAPTER 200. GUARDIAN OF PERSON Md. Rule 10-207 (2012) Rule 10-207. Resignation of guardian of the person and appointment of substituted or successor guardian (a) Commencement of action. A petition to resign may be filed in accordance with this Rule by a guardian of the person who has exercised no control over any property of the minor or disabled person or by a public guardian. The petition shall state the reasons for the resignation and may request the appointment of a substitute or successor guardian. When a guardian of the person resigns, dies, is removed, or becomes otherwise incapable of filling the position, and there is no substituted or successor guardian of the person already named, the court may, on its own initiative or on the petition filed by any interested person, appoint a substituted or successor guardian of the person. Committee note. -- If the original guardian, other than a public guardian, has exercised control over any property of the minor or disabled person, resignation and appointment of a successor shall be in accordance with Rule 10-711. (b) Venue. The petition to resign or to appoint a substituted or successor guardian shall be filed in the court that has assumed jurisdiction over the guardianship. If jurisdiction has not been assumed, the petition shall be filed pursuant to Rule 10-201 (b). (c) Notice. The petitioner shall give notice to those interested persons designated by the court by mailing to them by ordinary mail a copy of the petition and a show cause order issued pursuant to Rule 10-104. (d) Termination of guardian's appointment. Resignation of a guardian does not terminate the appointment of the guardian until the court enters an order accepting the resignation. (e) Proceedings. The court may, and upon request shall, hold a hearing and shall grant or deny the relief sought in the petition. Pending the appointment of the successor guardian, the court may appoint a temporary guardian. (f) Other procedures. This Rule is in addition to, and not in lieu of, any other procedure for the

resignation or discharge of a guardian provided by law or by the instrument appointing the guardian. MARYLAND RULES TITLE 10. GUARDIANS AND OTHER FIDUCIARIES CHAPTER 200. GUARDIAN OF PERSON Md. Rule 10-208 (2012) Rule 10-208. Removal for cause or other sanctions (a) On court's initiative. The court that has already assumed jurisdiction over the guardianship of the person may order a guardian to show cause why the guardian should not be removed or be subject to other sanctions for failure to perform the duties of that office. (b) On petition of interested persons. An interested person may file a petition to remove a guardian of the person. The petition shall be filed in the court that has assumed jurisdiction or, if jurisdiction has not been assumed, pursuant to Rule 10-201 (b). The petition shall state the reasons why the guardian should be removed. (c) Notice and hearing. The court shall issue a show cause order pursuant to Rule 10-104 which shall set a hearing date. If no petition for removal has been filed, the show cause order shall state the grounds asserted by the court for the removal. The order and a copy of any petition shall be served on the guardian, all interested persons, and any other persons as directed by the court. The court shall conduct a hearing for the purpose of determining whether the guardian should be removed. (d) Action by court. If the court finds grounds for removal, it may remove the guardian and appoint a substituted or successor guardian as provided in Rule 10-207. Pending the appointment of the guardian, the court may appoint a temporary guardian. Cross references. -- As to the grounds for the removal of a fiduciary, see Code, Estates and Trusts Article, 15-112. (e) Other sanctions. In addition to or in lieu of removal, the Court may require the guardian to perform any neglected duties and may impose any other appropriate sanctions. MARYLAND RULES TITLE 10. GUARDIANS AND OTHER FIDUCIARIES CHAPTER 200. GUARDIAN OF PERSON Md. Rule 10-209 (2012) Rule 10-209. Termination of a guardianship of the person (a) Applicability. When a guardian of the person has exercised no control over any property of

the person or if the guardian of the person is a public guardian, the termination of the guardianship shall be according to this Rule. Committee note. -- If a guardian of the person, other than a public guardian, has exercised control over any property of the minor or disabled person, termination of the guardianship shall be in accordance with Rule 10-710. (b) Termination not requiring prior notice. (1) Petition; grounds. Upon a petition filed in conformity with this section, the court shall terminate a guardianship of the person without prior notice upon a finding that either (A) a minor not otherwise disabled has attained the age of majority or (B) the minor or disabled person has died, and that (C) the guardian has exercised no control over any property of the disabled person. The petition may be filed by a minor not otherwise disabled or by the guardian of a minor or disabled person. It shall contain or be accompanied by the guardian's verified statement that the guardian has exercised no control over any property of the minor or disabled person, and shall also be accompanied by either a copy of the minor person's birth certificate or other satisfactory proof of age or a certified copy of the minor or disabled person's death certificate. (2) Time for filing. A minor who is not disabled may file a petition at any time after attaining the age of majority. A guardian shall file a petition within 45 days after discovery that grounds for termination exists. (3) Venue. The petition shall be filed in the court that appointed the guardian or that has assumed jurisdiction over the fiduciary estate. (4) Copy of order. The court shall send a copy of the order terminating the guardianship to the guardian, the person whose minority has ended, and any other person whom the court designates. (c) Termination requiring notice. (1) Cause for termination. A guardianship of the person may be terminated upon the filing of a petition in accordance with this section if the court, after notice and hearing, finds that any of the following grounds exist: (A) the cessation of the disability; (B) the emancipation of a minor who has not attained the age of majority; or (C) any other good cause for termination. (2) Time for filing -- Who may file. Within 45 days after the guardian discovers that grounds for termination may exist, the guardian shall file a petition requesting the court to terminate the guardianship. At any time after discovery of the grounds for termination the minor or disabled person or any other interested person may file a petition requesting the court to terminate the guardianship.

(3) Venue. The petition shall be filed in the court that appointed the guardian or that has assumed jurisdiction over the fiduciary estate. (4) Contents. The petition shall be signed and verified by the petitioner and shall contain the following information: (A) the petitioner's relationship to the minor or disabled person; (B) the name and address of each interested person; (C) a statement of facts establishing the grounds for termination; and (D) a statement that the guardian has exercised no control over any property of the minor or disabled person. (5) Documentation. (A) Medical certificate. If the cause for the termination of the guardianship is the cessation of the disability, the petitioner shall file with the petition a certificate, signed by a physician who has examined the person within 21 days of the filing of the petition, attesting to the cessation of the disability. (B) Marriage certificate. If the cause for the termination of the guardianship is emancipation because of the marriage of the minor person, the petitioner shall file with the petition a copy of the marriage certificate. (6) Notice. The petitioner shall give notice by mailing by ordinary mail to those persons designated by the court a copy of the petition and the show cause order issued pursuant to Rule 10-104. (7) Proceedings and order. After the time for filing a response has expired, the court may, and upon request shall, hold a hearing and shall issue an order granting or denying the termination of the guardianship and the release of the guardian. MARYLAND RULES TITLE 10. GUARDIANS AND OTHER FIDUCIARIES CHAPTER 200. GUARDIAN OF PERSON Md. Rule 10-210 (2012) Rule 10-210. Petition for assumption of jurisdiction -- Emergency protective services (a) Who may file. Any interested person may file a petition requesting a court to authorize emergency protective services. Cross references. -- For the statute providing for emergency protective services, see Code, Estates

and Trusts Article, 13-709. (b) Venue. The petition shall be filed either in the county where the person alleged to need emergency services resides or where the person is physically present. (c) Contents. The petition shall be captioned, "In the Matter of ..." [stating the name of the person alleged to need emergency protective services]. It shall be signed and verified by the petitioner and shall contain at least the following information: (1) The name and address of the petitioner and the petitioner's relationship to the person alleged to be in need of emergency protective services. (2) The name, address, and age of the person alleged to be in need of emergency protective services, and the name, address, and age of the proposed temporary guardian. (3) A brief description of the disability. (4) The proposed protective services. (5) The reason for seeking the assumption of jurisdiction by the court and for the relief sought. (6) A statement of reasons why the petitioner believes that: (A) the person alleged to be in need of emergency protective services is living in conditions presenting a substantial risk of death or immediate and serious physical harm to that person or others; (B) the person alleged to be in need of emergency protective services lacks the capacity to make or communicate responsible decisions; and (C) no person authorized by law or court order to give consent is available to consent to emergency services. (7) An explanation of steps taken by the petitioner to obtain the consent of the person alleged to be in need of emergency protective services to the proposed services and the response of the person. (8) If the person alleged to be in need of emergency protective services is represented by an attorney, the name and address of the attorney. If the person is not represented by an attorney, a request that one be appointed. MARYLAND RULES TITLE 10. GUARDIANS AND OTHER FIDUCIARIES CHAPTER 200. GUARDIAN OF PERSON Md. Rule 10-211 (2012) Rule 10-211. Notice of petition for emergency protective services

(a) To whom given. Notice that a petition for emergency protective services has been filed or will be filed and the time and place of the court hearing shall be given by the petitioner to: (1) the person alleged to be in need of emergency protective services; (2) the person with whom the person is residing; (3) the attorney for the person; (4) the director of the local department of social services; and (5) those other interested persons as the court may direct. (b) Manner of notice. The notice shall be in writing, unless the nature of the emergency makes written notice impracticable. (c) Timing of notice. The notice shall be given at least 24 hours before the hearing unless the court shortens the time upon a finding that (1) immediate and reasonably foreseeable physical harm to the person or others will result from a 24-hour delay, and (2) reasonable attempts have been made to give notice. MARYLAND RULES TITLE 10. GUARDIANS AND OTHER FIDUCIARIES CHAPTER 200. GUARDIAN OF PERSON Md. Rule 10-212 (2012) Rule 10-212. Hearing (a) Hearing required. The necessity for emergency protective services shall be determined by the court after a hearing. (b) Conduct of hearing. The person alleged to be in need of emergency protective services is entitled to be present at the hearing unless the person has knowingly and voluntarily waived the right to be present. Waiver may not be presumed from nonappearance but shall be determined on the basis of factual information supplied by the person's attorney or a representative appointed by the court. Upon motion by or on behalf of the person alleged to be in need of emergency protective services that, because of his or her disability, the person cannot attend a hearing at the courthouse, the court may hold the hearing at a place to which the person has reasonable access. The person has a right to counsel and to present evidence and cross-examine witnesses. MARYLAND RULES TITLE 10. GUARDIANS AND OTHER FIDUCIARIES CHAPTER 200. GUARDIAN OF PERSON Md. Rule 10-213 (2012) Rule 10-213. Order (a) Generally. The court may issue an order authorizing the provision of protective services on an emergency basis after a finding on the record that the allegations required by Rule 10-210 (c) (6) are established by clear and convincing evidence. An order shall either be in writing or, if dictated

into the record, transcribed by the court reporter immediately and placed into the record. (b) Appointment of temporary guardian. In its order the court shall appoint a temporary guardian who can give consent on behalf of the disabled person for the approved protective services until the expiration of the order. (c) Duration of order. The order shall expire 144 hours after it is issued, unless extended pursuant to section (d) of this Rule. (d) Extension of order. The court may further extend the emergency order and the appointment of the temporary guardian until appointment of a guardian of the person upon (1) a petition of the temporary guardian filed before the expiration of the emergency order, accompanied by a petition for the appointment of a guardian of the person, and (2) a showing that the situation described in Rule 10-210 (c) (6) will probably continue or recur if the emergency order is not further extended. The petition for appointment of a guardian shall be heard on an expedited basis not later than 60 days after it is filed. (e) Report of temporary guardian. When protective services are rendered on the basis of an emergency order, the temporary guardian shall submit a report to the court describing the services and outcome and any forcible entry used to obtain custody of the person. The report shall become a part of the court record. The temporary guardian shall also send a copy of the report to (1) the disabled person and the attorney for the disabled person, and (2) the director of the local department of social services if the disabled person is under 65, or (3) the director of the local office on aging if the disabled person is 65 or older, and (4) any other person or entity as required by the court or by law. HISTORY: (Amended Dec. 4, 2007, effective Jan. 1, 2008.) MARYLAND RULES TITLE 10. GUARDIANS AND OTHER FIDUCIARIES CHAPTER 300. GUARDIAN OF PROPERTY Md. Rule 10-301 (2012) Rule 10-301. Petition for appointment of a guardian of property (a) Who may file. Any interested person may file a petition requesting a court to appoint a guardian of the property of a minor or an alleged disabled person. (b) Venue. (1) Resident. If the minor or alleged disabled person is a resident of Maryland, the petition shall be filed in the county where the minor or alleged disabled person resides, even if the person is

temporarily absent. (2) Nonresident. If the minor or disabled person does not reside in this State, the petition shall be filed in the county in which a petition for guardianship of the person may be filed, or in the county where any part of the property is located. For purposes of determining the situs of property, the situs of tangible personal property is its location; the situs of intangible personal property is the location of the instrument, if any, evidencing a debt, obligation, stock or chose in action, or the residence of the debtor if there is no instrument evidencing a debt, obligation, stock, or chose in action; and the situs of an interest in property held in trust is located where the trustee may be sued. (c) Contents. The petition shall be captioned "In the Matter of ..." [stating the name of the minor or alleged disabled person]. It shall be signed and verified by the petitioner and shall contain at least the following information: (1) The petitioner's name, address, age, and telephone number; (2) The petitioner's familial or other relationship to the alleged disabled person; (3) Whether the person who is the subject of the petition is a minor or an alleged disabled person and, if an alleged disabled person, a brief description of the alleged disability; (4) The reasons why the court should appoint a guardian of the property and, if the subject of the petition is an alleged disabled person, allegations demonstrating an inability of the alleged disabled person to manage the person's property and affairs effectively because of physical or mental disability, disease, habitual drunkenness, addiction to drugs, imprisonment, compulsory hospitalization, confinement, detention by a foreign power, or disappearance; Cross references. -- Code, Estates and Trusts Article, 13-201 (b) and (c). (5) An identification of any instrument nominating a guardian for the minor or alleged disabled person or constituting a durable power of attorney; Cross references. -- Code, Estates and Trusts Article, 13-207 (a) (2) and (5). (6) If a guardian or conservator has been appointed for the alleged disabled person in another proceeding, the name and address of the guardian or conservator and the court that appointed the guardian or conservator. If a guardianship or conservatorship proceeding was previously filed in any other court, the name and address of the court, the case number, if known, and whether the proceeding is still pending in that court. (7) The name, age, sex, and address of the minor or alleged disabled person, the name and address of the persons with whom the minor or alleged disabled person resides, and if the minor or alleged disabled person resides with the petitioner, the name and address of another person on whom service can be made; (8) To the extent known or reasonably ascertainable, the name, address, telephone number, and

nature of interest of all interested persons and all others exercising any control over the property of the estate; (9) If the minor or alleged disabled person is represented by an attorney, the name, address, and telephone number of the attorney. (10) The nature, value, and location of the property of the minor or alleged disabled person; (11) A brief description of all other property in which the minor or alleged disabled person has a concurrent interest with one or more individuals; (12) A statement that the exhibits required by section (d) of this Rule are attached or, if not attached, the reason that they are absent; and (13) A statement of the relief sought. (d) Required exhibits. The petitioner shall attach to the petition as exhibits (1) a copy of any instrument nominating a guardian; (2) (A) the certificates required by Rule 10-202, or (B) if guardianship of the property of a disabled person who is a beneficiary of the United States Department of Veterans Affairs is being sought, in lieu of the requirements of Rule 10-202, a certificate of the Secretary of that Department or an authorized representative of the Secretary stating that the person has been rated as disabled by the Department in accordance with the laws and regulations governing the Department of Veterans Affairs; and (3) if the petition is for the appointment of a guardian for a minor who is a beneficiary of the Department of Veterans Affairs, a certificate of the Secretary of that Department or any authorized representative of the Secretary, in accordance with Code, Estates and Trusts Article, 13-802. HISTORY: (Amended Oct. 5, 1999; Nov. 12, 2003, effective Jan. 1, 2004; Dec. 4, 2007, effective Jan. 1, 2008.)

MARYLAND RULES TITLE 10. GUARDIANS AND OTHER FIDUCIARIES CHAPTER 300. GUARDIAN OF PROPERTY Md. Rule 10-302 (2012) Rule 10-302. Service; notice (a) Service on minor or alleged disabled person. The petitioner shall serve a show cause order issued pursuant to Rule 10-104 on the minor or alleged disabled person and on the parent, guardian, or other person having care or custody of the minor or alleged disabled person or of the estate belonging to the minor or alleged disabled person. Service shall be in accordance with Rule 2-121 (a). If the minor or alleged disabled person resides with the petitioner, service shall be made

upon the minor or alleged disabled person and on such other person as the court may direct. Service upon a minor under the age of ten years may be waived provided that the other service requirements of this section are met. The show cause order served on an alleged disabled person shall be accompanied by an "Advice of Rights" in the form set forth in Rule 10-303. (b) Notice to other persons. (1) To attorney. Unless the court orders otherwise, the petitioner shall mail a copy of the petition and show cause order by ordinary mail to the attorney for the minor or alleged disabled person. (2) To interested persons. Unless the court orders otherwise, the petitioner shall mail by ordinary mail and by certified mail to all other interested persons a copy of the petition and show cause order and a "Notice to Interested Persons." (c) Notice to Interested Persons. The Notice to Interested Persons shall be in the following form:

In the Matter of for

In the Circuit Court

(Name of minor or alleged (County) disabled person) (docket reference) NOTICE TO INTERESTED PERSONS A petition has been filed seeking appointment of a guardian of the property of , who is alleged to be a minor or alleged disabled person. You are an "interested person", that is, someone who should receive notice of this proceeding because you are related to or otherwise concerned with the welfare of this person. If the court appoints a guardian of the property for person will lose the right to manage his or her property. , that

Please examine the attached papers carefully. If you object to the appointment of a guardian, please file a response in accordance with the

attached show cause order. (Be sure to include the case number). If you wish otherwise to participate in this proceeding, notify the court and be prepared to attend any hearing. Each certificate filed pursuant to Rule 10-202 that is attached to the petition will be admissible as substantive evidence without the presence or testimony of the certifying health care professional unless you file a request that the health care professional appear to testify. The request must be filed at least 10 days before the trial date, unless the trial date is less than 10 days from the date your response is due. If the trial date is less than 10 days from the date your response is due, the request may be filed at any time before trial. If you believe you need further legal advice about this matter, you should consult your attorney. HISTORY: (Amended Oct. 5, 1999; Dec. 4, 2007, effective Jan. 1, 2008.) MARYLAND RULES TITLE 10. GUARDIANS AND OTHER FIDUCIARIES CHAPTER 300. GUARDIAN OF PROPERTY Md. Rule 10-303 (2012) Rule 10-303. Advice of rights The Advice of Rights required to be served on an alleged disabled person shall be in the following form:

TO

(Name):

A petition has been filed seeking appointment of a guardian of your property. IF THE COURT APPOINTS A GUARDIAN OF YOUR PROPERTY, YOU WILL LOSE CER TAIN VALUABLE RIGHTS, INCLUDING YOUR RIGHT TO MANAGE YOUR PROPERTY AND T O DECIDE WHETHER AND HOW TO SPEND YOUR MONEY. YOU HAVE CERTAIN RIGHTS IN THIS CASE: 1. [ ] The petition alleges that

(Name of Attorney) is your attorney. If that is not correct, notify the clerk immediately. [ ] The court has appointed (Name of Attorney) as your attorney, but you may hire another attorney if you wish. 2. You will have a trial if you or your attorney object to the appointment of a guardian of your property. 3. You have the right to be present at the trial. 4. You have the right to present evidence on your own behalf and to cross-examine witnesses against you. 5. You have the right to suggest restrictions or limitations of the guardian's power if a guardian is appointed. 6. The trial may be closed to the public if you so request. The above statements cannot cover all possible situations. Please read the attached papers carefully. You should consult with your attorney to determine what is in your best interest. You or your attorney should file a response on or before the deadline stated in the attached order. MARYLAND RULES TITLE 10. GUARDIANS AND OTHER FIDUCIARIES CHAPTER 300. GUARDIAN OF PROPERTY Md. Rule 10-304 (2012) Rule 10-304. Hearing (a) No response to show cause order. If no response to the show cause order is filed and the court is satisfied that the petitioner has complied with the provisions of Rule 10-302, the court may rule on the petition summarily. (b) Response to show cause order; place of trial. If a response to the show cause order objects to the relief requested, the court shall set the matter for trial, and shall give notice of the time and place of trial to all persons who have responded. Upon motion by the alleged disabled person asserting that, because of his or her disability, the alleged disabled person cannot attend a trial at the courthouse, the court may hold the trial at a place to which the alleged disabled person has reasonable access.

Cross references. -- Code, Estates and Trusts Article, 13-211. (c) Request for attendance of health care professional. When the petition is for guardianship of the property of a disabled person, each certificate filed pursuant to Rule 10-202 is admissible as substantive evidence without the presence or testimony of the health care professional unless, not later than 10 days before trial, an interested person who is not an individual under a disability, or the attorney for the disabled person, files a request that the health care professional appear to testify. If the trial date is less than 10 days from the date the response is due, a request that the health care professional appear may be filed at any time before trial. HISTORY: (Amended Oct. 5, 1999; Dec. 4, 2007, effective Jan. 1, 2008.) MARYLAND RULES TITLE 10. GUARDIANS AND OTHER FIDUCIARIES CHAPTER 300. GUARDIAN OF PROPERTY Md. Rule 10-305 (2012) Rule 10-305. Administration of guardianship of the property A guardianship of the property shall be administered pursuant to Rules 10-702 through 10-712.

MARYLAND RULES TITLE 10. GUARDIANS AND OTHER FIDUCIARIES CHAPTER 400. STANDBY GUARDIAN Md. Rule 10-401 (2012) Rule 10-401. Definitions (a) Statutory definitions. The definitions stated in Code, Estates and Trusts Article, 13-901 are applicable to this Chapter. (b) Additional definition. In this Chapter, "interested person" means the minor, the guardian of the minor, a person having parental rights over the minor pursuant to Code, Estates and Trusts Article, 1-205 through 1-208, and includes any other person designated by the court. HISTORY: (Added Feb. 10, 1998, effective July 1, 1998.) MARYLAND RULES TITLE 10. GUARDIANS AND OTHER FIDUCIARIES CHAPTER 400. STANDBY GUARDIAN Md. Rule 10-402 (2012)

Rule 10-402. Petition by a parent for judicial appointment of a standby guardian (a) Filing of petition. Except for a petition filed by a standby guardian in accordance with Rule 10-403, a petition for the judicial appointment of a standby guardian of the person or property of a minor shall be filed by a parent of the minor. The petition shall contain the consent of each person having parental rights over the minor, unless a statement pursuant to subsection (c) (14) of this Rule is included in the petition. (b) Venue. The petition shall be filed in the county where the minor resides or is physically present. (c) Contents. The petition shall be captioned "In the Matter of ..." [stating the name of the minor]. It shall be signed and verified by the petitioner and shall include the following information: (1) The petitioner's name, address, age, and telephone number; (2) The petitioner's familial relationship to the minor; (3) The name, address, and date of birth of the minor; (4) Whether the minor has any siblings and, if so, their names and ages; (5) The proposed standby guardian's name, address, age, and telephone number; (6) The proposed standby guardian's relationship to the minor; (7) A statement explaining why the appointment of the proposed standby guardian is in the best interests of the minor; (8) Whether and under what circumstances the standby guardianship is to be of the minor's person, property, or both; (9) If the standby guardian is to be a guardian of the property of the minor, the nature, value, and location of the property; (10) A description of the duties and powers of the standby guardian, including whether the standby guardian is to have the authority to apply for, receive, and use public benefits and child support payable on behalf of the minor; Cross references. -- For a listing of the powers of a guardian of the person, see Code, Estates and Trusts Article, 13-708 and for a guardian of the property, see Code, Estates and Trusts Article, 15-102. (11) Whether the authority of the standby guardian is to become effective on the petitioner's

incapacity, death, or on the first of those circumstances to occur; Cross references. -- Code, Estates and Trust Article, 13-906. (12) A statement that there is a significant risk that the petitioner will become incapacitated or die within two years of the filing of the petition and the basis for the statement; Cross references. -- Code, Estates and Trusts Article, 13-903 (a). (13) If the petitioner is medically unable to appear in court for a hearing pursuant to Rule 10-404, a statement explaining why; (14) If a person having parental rights does not join in the petition, (A) a statement that the identity or whereabouts of the person are unknown and a description of the reasonable efforts made in good faith to identify and locate the person or (B) a statement that the person is not willing to join in the petition or has not responded to a request to join in the petition and a description of the reasonable efforts made in good faith to inform the person about the petition; and (15) If the petitioner believes that notice to the minor would be unnecessary or would not be in the best interests of the minor, a statement explaining why. (d) Notice. Unless the court orders otherwise, the petitioner shall send by ordinary mail and by certified mail to all interested persons whose whereabouts are known a copy of the petition and a "Notice to Interested Persons" pursuant to section (e) of this Rule. Service upon a minor under the age of ten years may be waived provided that the other service requirements of this section are met. If the court is satisfied that the petitioner, after reasonable efforts made in good faith, has been unable to ascertain the whereabouts of a person having parental rights, the court may order, as to that individual, that the "Notice to Interested Persons Whose Whereabouts are Unknown," which is set out in section (f) of this Rule, be published one time in the county of that individual's last known residence or be posted at that county's courthouse door or on a bulletin board within its immediate vicinity. (e) Notice to Interested Persons. The Notice to Interested Persons shall be in the following form:

In the Matter of

In the Circuit Court for

(Name of minor)

(County)

(Date of notice)

(docket reference)

NOTICE TO INTERESTED PERSONS A petition has been filed seeking the appointment of a standby guardian of the [person] [property] [person and property] of ,a minor. You are receiving this because you are related to or otherwise concerned with the welfare of the minor. Please examine the attached papers carefully. If you object to the appointment of a standby guardian, please file a response with the court at (address of courthouse) no later than 30 days after the date of issue of this Notice. (Be sure to include the case number.) If a response is not received by the court, the court may rule on the petition without a hearing. If you wish to participate in this proceeding in any way, notify the court and be prepared to attend any hearing. CERTIFICATE OF SERVICE I certify that a copy of the petition and the "Notice to Interested Persons" was mailed, by ordinary mail, postage prepaid, and by certified mail, postage prepaid and return receipt requested, this day of , to

at

Petitioner

Name (printed)

Address

Telephone Number

(f) Notice to Interested Persons Whose Whereabouts are Unknown. The Notice to Interested Persons Whose Whereabouts are Unknown shall be in the following form: In the Matter of In the Circuit Court for

(Name of minor)

(County)

(Date of notice)

(docket reference)

NOTICE TO INTERESTED PERSONS WHOSE WHEREABOUTS ARE UNKNOWN A petition has been filed seeking the appointment of a standby guardian of the [person] [property] [person and property] of , who is alleged to be a minor. If you are related to or otherwise concerned with the welfare of the minor, you may obtain further information from the court at

. (address of courthouse)

Any response must be received by the court no later than 30 days after the date of issue of this Notice.

HISTORY: (Added Feb. 10, 1998, effective July 1, 1998.) MARYLAND RULES TITLE 10. GUARDIANS AND OTHER FIDUCIARIES CHAPTER 400. STANDBY GUARDIAN Md. Rule 10-403 (2012) Rule 10-403. Petition by standby guardian for judicial appointment after parental designation (a) Filing of petition. If a parent designates a standby guardian by a written designation pursuant to Code, Estates and Trusts Article, 13-904 and the standby guardian wishes to retain authority for a period of more than 180 days, the standby guardian shall file a petition for judicial appointment within 180 days after the effective date of the standby guardianship. (b) Venue. The petition shall be filed in the county where the minor resides or is physically present. (c) Contents. The petition shall be captioned "In the Matter of ..." [stating the name of the minor]. It shall be signed and verified by the petitioner and shall contain the following information: (1) The petitioner's name, address, age, telephone number, and relationship to the minor; (2) The name, address, and date of birth of the minor; (3) Whether the minor has any siblings and, if so, their names and ages; (4) A statement explaining why the appointment of the proposed standby guardian is in the best interests of the minor. (5) Whether and under what circumstances the standby guardianship is to be of the minor's person, property, or of both; (6) If the standby guardian is to be a guardian of the property of the minor, the nature, value, and location of the property; (7) A description of the duties and powers of the standby guardian, including whether the standby guardian is to have the authority to apply for, receive, and use public benefits and child support payable on behalf of the minor; and (8) If the petition is filed by a person designated by a parent as alternate standby guardian pursuant to Code, Estates and Trusts Article, 13-904 (b) (2), a statement that the person designated as standby guardian is unwilling or unable to act as standby guardian and the basis for the statement. (d) Documentation. The petitioner shall file with the petition:

(1) The written parental designation of the standby guardian signed, or consented to, by each person having parental rights over the child, if available, and, if not, the documentation required by Code, Estates and Trusts Article, 13-904 (f) (4); (2) A copy of a physician's determination of incapacity or debilitation of the parent pursuant to Code, Estates and Trusts Article, 13-906; and (3) If a determination of debilitation is filed pursuant to subsection (d) (2) of this Rule, a copy of the parental consent to the beginning of the standby guardianship pursuant to Code, Estates, and Trusts Article, 13-904 (f). (e) Notice. Unless the court orders otherwise, the petitioner shall send by ordinary mail and by certified mail to all interested persons a copy of the petition and a "Notice to Interested Persons" pursuant to section (f) of this Rule. Service upon a minor under the age of ten years may be waived provided that the other service requirements of this section are met. If the court is satisfied that the petitioner, after reasonable efforts made in good faith, has been unable to ascertain the whereabouts of a person having parental rights, the court may order, as to that individual, that the "Notice to Interested Persons Whose Whereabouts are Unknown," which is set out in section (g) of this Rule, be published one time in the county of that individual's last known residence or be posted at that county's courthouse door or on a bulletin board within its immediate vicinity. (f) Notice to Interested Persons. The Notice to Interested Persons shall be in the following form:

In the Matter of

In the Circuit Court for

(Name of minor)

(County)

(Date of notice)

(docket reference)

NOTICE TO INTERESTED PERSONS A petition has been filed seeking appointment of a standby guardian of the [person] [property] [person and property] of , a minor. You are receiving this notice of this proceeding because you are related to or otherwise concerned with the welfare of the minor. Please examine the attached papers carefully. If you object to the

appointment of a standby guardian, please file a response with the court at (address of courthouse) no later than 30 days after the date of issue of this Notice. (Be sure to include the case number.) If a response is not received by the court, the court may rule on the petition without a hearing. If you wish to participate in this proceeding in any way, notify the court and be prepared to attend any hearing. CERTIFICATE OF SERVICE I certify that a copy of the petition and the "Notice to Interested Persons" was mailed, by ordinary mail, postage prepaid, and by certified mail, postage prepaid and return receipt requested, this day of , to

at .

Petitioner

Name (printed)

Address

Telephone Number

(g) Notice to Interested Persons Whose Whereabouts are Unknown. The Notice to Interested

Persons Whose Whereabouts are Unknown shall be in the following form: In the Matter of In the Circuit Court for

(Name of minor) (County)

(Date of notice) (docket reference) NOTICE TO INTERESTED PERSONS WHOSE WHEREABOUTS ARE UNKNOWN A petition has been filed seeking the appointment of a standby guardian of the [person] [property] [person and property] of , who is alleged to be a minor. If you are related to or otherwise concerned with the welfare of the minor, you may obtain further information from the court at

. (address of courthouse) Any response must be received by the court no later than 30 days after the date of issue of this Notice. Cross references. -- Code, Estates and Trusts Article, 13-904(e) and (f). HISTORY: (Added Feb. 10, 1998, effective July 1, 1998.) MARYLAND RULES TITLE 10. GUARDIANS AND OTHER FIDUCIARIES CHAPTER 400. STANDBY GUARDIAN Md. Rule 10-404 (2012) Rule 10-404. Hearing (a) No response to notice. If no response to the notice is filed and the court is satisfied that the petitioner has complied with the provisions of Rules 10-402 or 10-403, the court may rule on the petition without a hearing.

(b) Response to notice. If a response is filed to the notice objecting to the appointment of the standby guardian, the court shall hold a hearing and shall give notice of the time and place of the hearing to all interested persons. Unless excused for good cause shown, the petitioner, the proposed standby guardian, and the minor named in the petition shall be present at the hearing. HISTORY: (Added Feb. 10, 1998, effective July 1, 1998.) MARYLAND RULES TITLE 10. GUARDIANS AND OTHER FIDUCIARIES CHAPTER 400. STANDBY GUARDIAN Md. Rule 10-405 (2012) Rule 10-405. Order (a) Judicial appointment of standby guardian. After the filing of a petition for judicial appointment of a standby guardian pursuant to Code, Estates and Trusts Article, 13-903 (a), the court shall enter an order appointing the person as a standby guardian if the court finds that the requirements of these Rules and Code, Estates and Trusts Article, 13-903 (d) have been met. (b) Judicial appointment of standby guardian after parental designation. After the filing of a petition for judicial appointment of a standby guardian who was previously designated as standby guardian or alternate standby guardian by a parent pursuant to Code, Estates and Trusts Article, 13-904 (a), the court shall enter an order appointing the person as a standby guardian if the court finds that the requirements of these Rules and Code, Estates and Trusts Article, 13-904 (g) have been met. (c) Order appointing a standby guardian. (1) An order appointing a standby guardian shall state whether the standby guardianship is of the minor's person, property, or both, whether the guardian shall have the authority to apply for, receive, and use public benefits and child support payable on behalf of the minor, and any other duties and powers of the standby guardian; and (2) When the order is entered pursuant to section (a) of this Rule, the order shall also (A) Specify whether the authority of the standby guardian is effective on the receipt of a determination of the petitioner's incapacity pursuant to Code, Estates and Trusts Article, 13-906, on the receipt of the certificate of the petitioner's death, or on whichever occurs first; and (B) Provide that the authority of the standby guardian may become effective earlier on written consent of the petitioner in accordance with Code, Estates and Trusts Article, 13-903 (e) (3). (d) Duty to file documentation. A copy of the appropriate document referred to in subsection (c) (2) of this Rule shall be filed by the standby guardian with the court within 90 days after the standby guardian receives the document.

Cross references. -- See Code, Estates and Trusts Article, 13-906 concerning a written determination of incapacity. (e) Revocation of standby guardian's authority. The court may revoke the standby guardian's authority for failure to file any of the required documentation. HISTORY: (Added Feb. 10, 1998, effective July 1, 1998.) MARYLAND RULES TITLE 10. GUARDIANS AND OTHER FIDUCIARIES CHAPTER 400. STANDBY GUARDIAN Md. Rule 10-406 (2012) Rule 10-406. Accounting (a) Records. A court-appointed standby guardian of the property shall keep records of the fiduciary estate and, upon request of any interested person or of the court that has assumed jurisdiction over the standby guardianship of the property, shall make the records available for inspection. (b) Annual fiduciary accounts. When the court has assumed jurisdiction over a standby guardianship of the property, the standby guardian shall file each year an account in substantially the form set forth in rule 10-708. The provisions of Rule 10-706 shall apply to the account, except that the end of the accounting year shall be the anniversary of the date upon which the court assumed jurisdiction over the standby guardianship. HISTORY: (Added Feb. 10, 1998, effective July 1, 1998.) MARYLAND RULES TITLE 10. GUARDIANS AND OTHER FIDUCIARIES CHAPTER 400. STANDBY GUARDIAN Md. Rule 10-407 (2012) Rule 10-407. Removal for cause or other sanctions (a) On court's initiative. The court that has assumed jurisdiction over a standby guardianship may order the standby guardian to show cause why the guardian should not be removed or be subject to other sanctions for failure to perform the duties of that office. (b) On petition of interested persons. An interested person may file a petition to remove a standby guardian. The petition shall be filed in the court that appointed the standby guardian or, if there is a written parental designation pursuant to Code, Estates and Trusts Article, 13-904 (a) and the

court has not yet assumed jurisdiction over the standby guardianship, in the county where the minor resides or is physically present. The petition shall state the reasons why the guardian should be removed. (c) Action by court. The provisions of Rule 10-208 (c) and (e) shall apply to proceedings for removal of a standby guardian. If the court finds grounds for removal, it may remove the standby guardian and may appoint an alternate standby guardian pursuant to Code, Estates and Trusts Article, 13-904 (b) (2). HISTORY: (Added Feb. 10, 1998, effective July 1, 1998.) MARYLAND RULES TITLE 10. GUARDIANS AND OTHER FIDUCIARIES CHAPTER 400. STANDBY GUARDIAN Md. Rule 10-408 (2012) Rule 10-408. Revocation, renunciation, and resignation (a) Revocation by parent. A parent may file a petition to revoke a standby guardianship in the court that appointed the standby guardian. The petition shall state the reasons for the revocation and shall be served on the standby guardian and all interested persons. If an objection to the revocation is filed, the court shall hold a hearing prior to ruling on the petition. (b) Renunciation by standby guardian. A person who is judicially appointed as a standby guardian may renounce the appointment at any time before the effective date of the person's authority by executing a written renunciation, filing the renunciation with the court that issued the order, and promptly notifying the parent in writing of the renunciation. (c) Resignation by standby guardian. A person who has been judicially appointed as a standby guardian and whose authority has become effective may file a petition to resign in the court that appointed the standby guardian. The petition shall state the reasons for the resignation and shall be served on all interested persons. If an objection to the resignation is filed, the court shall hold a hearing prior to ruling on the petition. HISTORY: (Added Feb. 10, 1998, effective July 1, 1998.) MARYLAND RULES TITLE 10. GUARDIANS AND OTHER FIDUCIARIES CHAPTER 400. STANDBY GUARDIAN Md. Rule 10-409 (2012) Rule 10-409. Bond The furnishing of a bond by a standby guardian shall be governed by the provisions of Code,

Estates and Trusts Article, 13-208. HISTORY: (Added Feb. 10, 1998, effective July 1, 1998.) MARYLAND RULES TITLE 10. GUARDIANS AND OTHER FIDUCIARIES CHAPTER 500. FIDUCIARY ESTATES OTHER THAN GUARDIANSHIPS Md. Rule 10-501 (2012) Rule 10-501. Petition for assumption of jurisdiction over a fiduciary estate other than a guardianship (a) Who may file. A fiduciary or other interested person may file a petition requesting a court to assume jurisdiction over a fiduciary estate other than a guardianship of the property of a minor or disabled person. (b) Venue. The petition shall be filed in the county in which all or any part of the property of the estate is located or where the fiduciary, if any, resides, is regularly employed, or maintains a place of business. (c) Contents. The petition shall be captioned "In the Matter of ..." [stating the name of the fiduciary estate]. It shall be signed and verified by the petitioner, and shall contain at least the following information: (1) The petitioner's name, address, age, and telephone number. (2) The reason for seeking the assumption of jurisdiction by the court and a statement of the relief sought, specifying the extent to which court jurisdiction over the fiduciary estate is desired. (3) An identification of any instrument creating the estate, with a copy attached to the petition, if possible, and, if not, an explanation of its absence. (4) The name, address, telephone number, and nature of interest of all interested persons and all others exercising control of any of the fiduciary estate, to the extent known or reasonably ascertainable. (5) The nature of the interest of the petitioner. (6) The nature, value, and location of the property comprising the fiduciary estate. MARYLAND RULES TITLE 10. GUARDIANS AND OTHER FIDUCIARIES CHAPTER 500. FIDUCIARY ESTATES OTHER THAN GUARDIANSHIPS

Md. Rule 10-502 (2012) Rule 10-502. Notice The petitioner shall serve all interested persons and all others exercising control of any or all of the fiduciary estate by mailing to them by ordinary mail and by certified mail, unless the court directs otherwise, a copy of the petition and a show cause order issued pursuant to Rule 10-104. MARYLAND RULES TITLE 10. GUARDIANS AND OTHER FIDUCIARIES CHAPTER 500. FIDUCIARY ESTATES OTHER THAN GUARDIANSHIPS Md. Rule 10-503 (2012) Rule 10-503. Hearing (a) No response to show cause order. If no response to the show cause order is filed, and the court is satisfied that the petitioner has complied with the provisions of Rule 10-502, the court may rule on the petition summarily. (b) Response to show cause order. If a response to the show cause order objects to the relief requested, the court shall hold a hearing as in any contested matter, and shall give notice of the time and place of the hearing to all interested persons and to all others exercising control over any or all of the fiduciary estate. MARYLAND RULES TITLE 10. GUARDIANS AND OTHER FIDUCIARIES CHAPTER 500. FIDUCIARY ESTATES OTHER THAN GUARDIANSHIPS Md. Rule 10-504 (2012) Rule 10-504. Administration of fiduciary estates other than guardianships of the property A fiduciary estate other than a guardianship of property shall be administered pursuant to Rules 10-702 through 10-712. MARYLAND RULES TITLE 10. GUARDIANS AND OTHER FIDUCIARIES CHAPTER 500. FIDUCIARY ESTATES OTHER THAN GUARDIANSHIPS Md. Rule 10-505 (2012) Rule 10-505. Termination of jurisdiction (a) Who may file. Upon petition filed by any interested person, a court which has assumed jurisdiction over the administration of a fiduciary estate may relinquish jurisdiction.

(b) Notice. Unless the court orders otherwise, the petitioner shall serve all interested persons and all others exercising control over any of the fiduciary estate by mailing to them, by ordinary mail, a copy of the petition and a show cause order issued pursuant to Rule 10-104. (c) Proceedings. (1) No response to show cause order. If no response to the show cause order is filed and the court is satisfied that the petitioner has complied with the provisions of section (b) of this Rule, the court may rule on the petition summarily. (2) Response to show cause order. If a response to the show cause order objects to the relief requested, the court shall hold a hearing and shall give notice of the time and place of the hearing to all persons who have responded. MARYLAND RULES TITLE 10. GUARDIANS AND OTHER FIDUCIARIES CHAPTER 600. ABSENT OR UNKNOWN PERSONS Md. Rule 10-601 (2012) Rule 10-601. Petition for assumption of jurisdiction -- Person whose identity or whereabouts is unknown (a) Who may file. A fiduciary or interested person may file a petition requesting a court to assume jurisdiction over the fiduciary estate for the purpose of determining its distribution if the petitioner believes that there may be a person whose identity or present whereabouts is unknown who is entitled to share in the estate. (b) Venue. The petition shall be filed in the court which has assumed jurisdiction over the fiduciary estate, or if jurisdiction has not been assumed, then in the county where any part of the property to be distributed is located or where the fiduciary, if any, resides, is regularly employed, or maintains a place of business. (c) Contents of petition. In addition to any other material allegations, the petition shall contain at least the following information: (1) The petitioner's name, address, and telephone number. (2) The nature, value, and location of any property comprising the fiduciary estate. (3) The reasons for seeking the assumption of jurisdiction by the court and the proposed distribution. (4) An identification of any instrument creating the fiduciary estate, with a copy attached to the petition, if possible, and, if not, an explanation of its absence.

(5) The reason it is believed that there may be a person whose identity or whereabouts is unknown. (6) Facts showing that the petitioner has searched diligently for the person whose identity or whereabouts is unknown. MARYLAND RULES TITLE 10. GUARDIANS AND OTHER FIDUCIARIES CHAPTER 600. ABSENT OR UNKNOWN PERSONS Md. Rule 10-602 (2012) Rule 10-602. Notice (a) Known persons. Unless the court orders otherwise, the petitioner shall give notice to those persons whose identity and interest in the property are known and to any others designated by the court by mailing to them by ordinary mail and by certified mail a copy of the petition and a show cause order issued pursuant to Rule 10-104. (b) Unknown persons. If the court is satisfied that reasonable efforts have been made to ascertain the identity or whereabouts of a person, the court shall order that notice to those persons whose identity or whereabouts are unknown shall be made in the manner provided by Rule 2-122. MARYLAND RULES TITLE 10. GUARDIANS AND OTHER FIDUCIARIES CHAPTER 600. ABSENT OR UNKNOWN PERSONS Md. Rule 10-603 (2012) Rule 10-603. Hearing (a) No response to show cause order. If no response to the show cause order is filed, and if the court is satisfied that the petitioner has complied with the provisions of Rule 10-602, the court may rule on the petition summarily. (b) Response to show cause order. If a response to the show cause order objects to the relief requested, the court shall set the matter for hearing and shall give notice of the time and place of the hearing to all persons who have responded. MARYLAND RULES TITLE 10. GUARDIANS AND OTHER FIDUCIARIES CHAPTER 600. ABSENT OR UNKNOWN PERSONS Md. Rule 10-604 (2012) Rule 10-604. Attorney for person whose identity or whereabouts is unknown The court may appoint an attorney to protect the interest of a person whose identity or

whereabouts is unknown. The fee of the attorney shall be fixed by the court and paid out of the property or portion thereof to be distributed pursuant to court order. MARYLAND RULES TITLE 10. GUARDIANS AND OTHER FIDUCIARIES CHAPTER 600. ABSENT OR UNKNOWN PERSONS Md. Rule 10-605 (2012) Rule 10-605. Distribution (a) Generally. After the expiration of the time fixed in the order of publication for pleading by a person whose identity or whereabouts is unknown, the court may enter an appropriate order distributing the property. (b) To abandoned property fund. If the court finds that all reasonable efforts have been made to locate a person whose identity or whereabouts is unknown and that person has not appeared, the court shall order the property distributable to that person, after allowing costs, to be distributed to the abandoned property fund pursuant to Code, Commercial Law Article, 17-317. (c) Retention by fiduciary or distribution to trustee. (1) Order. The court may order the fiduciary to retain or transfer to a trustee appointed by the court or to deposit with the clerk the share to which the person whose identity or whereabouts is unknown is entitled, and order any income to be accumulated for the time the court directs. (2) Bond. The court may order a trustee to whom the property is transferred to furnish a bond to the State in an amount and for a time period prescribed by the court. MARYLAND RULES TITLE 10. GUARDIANS AND OTHER FIDUCIARIES CHAPTER 700. FIDUCIARY ESTATES INCLUDING GUARDIANSHIPS OF THE PROPERTY Md. Rule 10-701 (2012) Rule 10-701. Scope The rules in this Chapter apply to proceedings under the rules in Chapters 300, 500, and 600 of this Title. They do not apply to proceedings under the rules in Chapters 200 and 400 of this Title, except as otherwise provided in those rules. HISTORY: (Amended Feb. 10, 1998, effective July 1, 1998.) MARYLAND RULES TITLE 10. GUARDIANS AND OTHER FIDUCIARIES

CHAPTER 700. FIDUCIARY ESTATES INCLUDING GUARDIANSHIPS OF THE PROPERTY Md. Rule 10-702 (2012) Rule 10-702. Bond -- Fiduciary estate (a) When required or excused. (1) Required by instrument. If the instrument nominating the fiduciary or creating the estate requires the fiduciary to give bond, the fiduciary, whether corporate or non-corporate, shall file a bond before commencing the performance of any fiduciary duties unless excused pursuant to subsection (5) of this section. (2) Excused by instrument. If the instrument nominating the fiduciary or creating the estate excuses a noncorporate fiduciary from furnishing bond, the court shall not require a bond unless the court finds that, notwithstanding the provisions of the instrument, exceptional circumstances make a bond necessary for the protection of interested persons. (3) Corporate fiduciary. Except as provided in subsection (1) of this section, a corporate fiduciary shall not be required to furnish a bond. (4) Noncorporate fiduciary -- Bond not mentioned in instrument -- Court appointment. The court may require a non-corporate fiduciary, appointed by the court or nominated under an instrument that is silent as to bond, to file a bond if the court finds that exceptional circumstances make a bond necessary for the protection of interested persons. (5) Fiduciary estate not exceeding $10,000. Unless the court finds that exceptional circumstances make a bond necessary for the protection of interested persons, the court shall not require a fiduciary to furnish or continue in effect a bond if the assets of the estate (A) do not exceed $ 10,000 in value, (B) cannot be transferred by the fiduciary without approval of the court, and (C) consist only of cash deposited in a restricted account pursuant to Rule 10-705, securities, or real property. (b) Petition to require or change amount of bond. (1) Who may file. Subject to the provisions of section (a), any interested person may file a petition to require the fiduciary to file a bond if a bond has not previously been filed or to reduce any bond that has been filed. (2) Where filed. If a court has assumed jurisdiction over the estate, the petition shall be filed in that court. Otherwise, it shall be filed in the county in which the fiduciary resides, is regularly employed, or maintains a place of business. (3) Notice. Unless the court orders otherwise, the fiduciary shall mail by ordinary mail to all interested persons and all others exercising control of any of the fiduciary estate a copy of the

petition and a show cause order issued pursuant to Rule 10-104. (c) Where bond to be filed. (1) Required by court. If a court requires a bond, the bond shall be filed in that court, unless the court directs otherwise. (2) Required by instrument. If a bond is required by the instrument that creates the fiduciary estate or nominates a fiduciary, the bond shall be filed in the following place: (A) If the instrument specifies the county where the bond is to be filed, the bond shall be filed in the circuit court specified in the instrument; (B) If the instrument does not specify a place or provide for a place to be selected, the bond shall be filed in the circuit court for the county where the instrument is recorded. If the instrument is not recorded, the bond shall be filed in the circuit court for the county where the estate will be administered. (d) Amount of bond -- Other security. (1) Generally. The amount of a fiduciary bond shall not be greater than the aggregate value of the property of the estate in the fiduciary's control, less the value of (A) securities, (B) money deposited in a financial institution as defined in Code, Estates and Trusts Article, 13-301 (h) under arrangements requiring an order of court for their removal, and (C) real property which the fiduciary, by express limitation of power, lacks power to sell or convey without court authorization. In lieu of sureties on a bond, the court may accept other security for the performance of the bond, including a pledge of securities or a mortgage of real property. The court may at any time, subject to the maximum amount provided by this section, require the amount of the bond, or the type or value of security, to be changed. The approval of a new bond shall not discharge any liability that may have accrued under the existing bond before such approval. (2) Specified by instrument. If the instrument creating the estate requires that the fiduciary file a bond in a specific amount, the bond shall be in the lesser of that amount or the maximum amount provided in subsection (1). (e) Terms of bond. A fiduciary bond shall be to the State of Maryland and shall be conditioned upon the faithful discharge of the duties of the fiduciary as follows: The condition of the above obligation is such, that if shall well and truly perform the office of fiduciary as designated by the and shall discharge the duties required by law as fiduciary without any injury or damage to any person interested in the faithful performance of the office, then the above obligation shall be void; it shall otherwise remain in full force and effect. (f) Payment of bond premium from income. A fiduciary who is required to file a bond shall be entitled to pay and be allowed the cost of the premium out of the income of the estate, unless the court otherwise directs.

MARYLAND RULES TITLE 10. GUARDIANS AND OTHER FIDUCIARIES CHAPTER 700. FIDUCIARY ESTATES INCLUDING GUARDIANSHIPS OF THE PROPERTY Md. Rule 10-703 (2012) Rule 10-703. Compromise of claim or dispute (a) Petition. A fiduciary may petition a court to authorize or ratify a compromise or settlement of any claim or matter relating to a fiduciary estate. (b) Venue. The petition shall be filed in the court that has already assumed jurisdiction over the administration of the fiduciary estate or, if jurisdiction has not been assumed (A) if the petitioner is a personal representative, in the court of the county where letters of administration were issued or (B) if the petitioner is not a personal representative, by petition in the court in the county in which the fiduciary resides, is regularly employed, or maintains a place of business. (c) Notice. The petitioner shall mail by ordinary mail to those interested persons designated by the court a copy of the petition and a show cause order issued pursuant to Rule 10-104. (d) Ratification. The court may authorize or ratify the proposed compromise or settlement, imposing any appropriate terms and conditions, if satisfied that the action is in the best interest of the estate. MARYLAND RULES TITLE 10. GUARDIANS AND OTHER FIDUCIARIES CHAPTER 700. FIDUCIARY ESTATES INCLUDING GUARDIANSHIPS OF THE PROPERTY Md. Rule 10-704 (2012) Rule 10-704. Titling of assets (a) Form. Unless otherwise ordered by the court, assets of a fiduciary estate shall be held in substantially the following form: (1) Any account in any bank, savings and loan association, or other financial institution shall be held: A.B., (fiduciary) for (or under the Will of ). (2) Any security held by a fiduciary shall be titled in accordance with subsection (a) (1) of this Rule or in the name of a nominee or in other form without disclosure of the interest of the fiduciary estate, but the fiduciary shall be liable for a wrongful act of the nominee in connection with the security so held. Cross references. -- Code, Estates and Trusts Article, 15-102 (x).

(3) All other intangible assets and all tangible personal assets required to be titled shall be titled in a form similar to subsection (a) (1) of this Rule, unless it is impractical to do so. (b) Securities in name of disabled person. Unless otherwise ordered by the court, nothing in section (a) of this Rule shall prohibit the fiduciary who has physical possession of securities from retaining them in the name of a disabled person. (c) Real estate. Real estate need not be titled in the name of the fiduciary if (1) the real property lies in the county in which the court has assumed jurisdiction or (2) a copy of the court order or instrument naming the fiduciary has been filed in the land records in the Maryland county where the property is located (other than the county in which the court has assumed jurisdiction), or in the land records of another state where the property is located. MARYLAND RULES TITLE 10. GUARDIANS AND OTHER FIDUCIARIES CHAPTER 700. FIDUCIARY ESTATES INCLUDING GUARDIANSHIPS OF THE PROPERTY Md. Rule 10-705 (2012) Rule 10-705. Restricted accounts (a) Petition for restricted accounts. When a fiduciary estate consists entirely of cash in an amount not exceeding $ 75,000, a fiduciary may petition the court for an order authorizing the deposit of cash in a federally insured financial institution in a single restricted account titled substantially in the following form: "A.B., (fiduciary), withdrawals subject to the order of the Circuit Court for County." (b) Orders authorizing withdrawals. The court may require a separate order prior to each withdrawal. The court may enter a continuing order authorizing withdrawals up to a specified amount. The continuing order may be for a definite period of time, not to exceed one year, and may on petition be renewed annually. (c) Proof of restricted account. The fiduciary shall promptly provide proof of the opening of a restricted account to the trust clerk, who shall make note of it in the file. (d) When accounting not required. If all of the assets of a fiduciary estate are deposited in a single restricted account in an amount not exceeding $ 10,000, no annual accounting is required unless the court orders otherwise. MARYLAND RULES TITLE 10. GUARDIANS AND OTHER FIDUCIARIES CHAPTER 700. FIDUCIARY ESTATES INCLUDING GUARDIANSHIPS OF THE PROPERTY Md. Rule 10-706 (2012)

Rule 10-706. Accounting (a) Records. A fiduciary shall keep records of the fiduciary estate and upon request of the court that has assumed jurisdiction over the fiduciary estate or any interested person, shall make the records available for inspection. (b) Annual fiduciary accounts. (1) Generally. When the court has appointed a guardian of the property or has assumed jurisdiction over a fiduciary estate, the fiduciary shall file each year an account in substantially the form set forth in Rule 10-708. The end of the accounting year shall be (A) the anniversary of the date upon which the court assumed jurisdiction over the estate or appointed the fiduciary, or (B) any other anniversary date fixed with the consent of the trust clerk or the court. The account shall be filed not later than 60 days after the end of the accounting year, unless the court or trust clerk extends the time for good cause shown. The fiduciary shall furnish a copy of the account to any interested person who requests it. (2) Beneficiary of the Department of Veterans Affairs. In the case of a beneficiary of the Department of Veterans Affairs, the fiduciary shall send a certified copy of the account to the Office of the Department of Veterans Affairs having jurisdiction over the area in which the court is located. Cross references. -- Code, Estates and Trusts Article, 13-804 (c). (3) When not required. Unless the court orders otherwise, the fiduciary of a fiduciary estate consisting entirely of cash in a restricted account under Rule 10-705 (d) need not file an annual account. (4) Trust clerk -- Report and recommendation. (A) Generally. The trust clerk shall examine each annual account, report to the court any irregularity in it, raise any other matters deemed appropriate, and make recommendations. The trust clerk may require the fiduciary to furnish proof of any transactions shown in the account. (B) Beneficiary of the Department of Veterans Affairs. In the case of a beneficiary of the Department of Veterans Affairs, the trust clerk shall endorse on the account a certificate that any securities or investments shown on the account were exhibited to the trust clerk. Cross references. -- Code, Estates and Trusts Article, 13-804 (b). (5) Court approval. The court shall review every annual account and either enter an order approving the account or take other appropriate action. (c) Audit. When the court has appointed a guardian of the property or has assumed jurisdiction over a fiduciary estate, the fiduciary account need not be audited by a private auditor unless

specifically required by the court. Upon a petition filed by the fiduciary or upon the court's own initiative, the court may order an audit pursuant to Rule 2-543. A fiduciary may have a private audit conducted for any period but, unless the court orders otherwise, the cost of that audit shall be borne by the fiduciary and not the fiduciary estate. MARYLAND RULES TITLE 10. GUARDIANS AND OTHER FIDUCIARIES CHAPTER 700. FIDUCIARY ESTATES INCLUDING GUARDIANSHIPS OF THE PROPERTY Md. Rule 10-707 (2012) Rule 10-707. Inventory and information report (a) Duty to file. Within 60 days after jurisdiction has been assumed or a fiduciary has been appointed, the fiduciary shall file an inventory and information report in substantially the following form:

Part I. [CAPTION] INVENTORY The FIDUCIARY ESTATE now consists of the following assets: (attach additional sheets, if necessary; each item listed shall be valued by the fiduciary at its fair market value, as of the date of the appointment of the fiduciary or the assumption of jurisdiction by the court; unless the court otherwise directs, it shall not be necessary to employ an appraiser to make any valuation; state amount of any mortgages, liens, or other indebtedness, but do not deduct when determining estimated fair market value)

A. REAL ESTATE (State location, liber/folio, balance of mortgage, and name of lender, if any)

ESTIMATED FAIR MARKET VALUE $

TOTAL $

B. CASH AND CASH EQUIVALENTS (State name of financial institution, account number, and type of account)

PRESENT FAIR MARKET VALUE $

TOTAL $

C. PERSONAL PROPERTY (Itemize motor vehicles, regardless of value; describe all other property generally if total value is under $ 1500; state amount of any lien; itemize, if total value is over $ 1500)

ESTIMATED FAIR MARKET VALUE $

TOTAL $

D. STOCKS (State number and class of shares, name of corporation)

PRESENT FAIR MARKET VALUE

TOTAL $

E. BONDS (State face value, name of issuer, interest rate, maturity date)

PRESENT FAIR MARKET VALUE $

TOTAL $

F. OTHER

(Describe generally, e.g., debts owed to estate, partnerships, cash value of life insurance policies, etc.)

ESTIMATED FAIR MARKET VALUE $

TOTAL $

Part II. INFORMATION REPORT (1) Are there any assets in which the minor or disabled person holds a present interest of any kind together with another person in any real or personal property, including accounts in a credit union, bank, or other financial institution?

[ ] No [ ] Yes If yes, give the following information as to all such property: Name, Address, and Nature of Description Total Value

Relationship of Co-Owner

Property

of Interest

of Property

(2) Does the minor or disabled person hold an interest less than absolute in any other property which has not been disclosed in question (1) and has not been included in the inventory (e.g., interest in a trust, a term for years, a life estate)?

[ ] No [ ] Yes If yes, give the following information as to each such interest:

Description of Interest of Instrument and Amount or Value Interest

Date and Type Establishing

VERIFICATION: I solemnly affirm under the penalties of perjury that the contents of this inventory and information report are true and complete to the best of my knowledge, information, and belief.

Date

Date

Signature of Fiduciary Signature of Fiduciary

Address Address

Telephone Number Telephone Number

Name of Fiduciary's Attorney

Address

Telephone Number (b) Examination not required. Unless the court otherwise directs, it shall not be necessary that the assets listed in the report be exhibited to or examined by the court, the trust clerk, or auditor. (c) Notice. Unless the court orders otherwise, the trust clerk or fiduciary shall furnish a copy of the report to any interested person who has made a request for it. MARYLAND RULES TITLE 10. GUARDIANS AND OTHER FIDUCIARIES CHAPTER 700. FIDUCIARY ESTATES INCLUDING GUARDIANSHIPS OF THE PROPERTY Md. Rule 10-708 (2012) Rule 10-708. Fiduciary's Account and report of trust clerk (a) Form of account. The Fiduciary's Account shall be filed in substantially the following form:

[CAPTION] FIDUCIARY'S ACCOUNT I, , make this [ ] periodic [ ] final Fiduciary's Account for the period from to .

Part I. The FIDUCIARY ESTATE now consists of the following assets: (attach additional sheets, if necessary; state amount of any mortgages, liens, or other indebtedness, but do not deduct when determining estimated fair market value)

A. REAL ESTATE (State location, liber/folio, balance of mortgage, and name of lender, if any)

ESTIMATED FAIR MARKET VALUE $

TOTAL $

B. CASH AND CASH EQUIVALENTS (State name of financial institution, account number, and type of account)

PRESENT FAIR MARKET VALUE

TOTAL $

C. PERSONAL PROPERTY (Itemize motor vehicles, regardless of value; describe all other property generally if total value is under $ 1500; state amount of any lien; itemize, if total value is over $ 1500)

ESTIMATED FAIR MARKET VALUE $

TOTAL $

D. STOCKS

(State number and class of shares, name of corporation)

PRESENT FAIR MARKET VALUE $

TOTAL $

E. BONDS (State face value, name of issuer, interest rate, maturity date)

PRESENT FAIR MARKET VALUE $

TOTAL $

F. OTHER (Describe generally, e.g., debts owed to estate, partnerships, cash value of life insurance policies, etc.)

ESTIMATED FAIR MARKET VALUE $

TOTAL $

Part II. The following income was collected and disbursements were made: (attach additional sheets, if necessary)

A. INCOME

(State type, e.g. pensions, social security, rent, annuities, dividends, interest, refunds)

AMOUNT $

TOTAL $

B. DISBURSEMENTS (State to whom paid and purpose of payment)

AMOUNT $

TOTAL $

C. SUMMARY

Total Income ................................................ $ Total Disbursements ....................................... $( ) Net Income/(Loss) .......................................... $

Part III. The following changes in the assets of the Fiduciary Estate have occurred since the last account: (attach additional sheets, if necessary)

A. ASSETS ADDED

Date

Description of Transaction

Gross Value at date of Purchase acquisition if other Price than by purchase

B. ASSETS DELETED Gross Description of Sale Selling Carrying Gain Transaction Proceeds Costs Value (loss)

Date

A Summary of the Fiduciary Estate is as follows: Value reported Value reported on last on this Type of Property Fiduciary Account Fiduciary Account A. Real Estate $ $ B. Cash and Cash Equivalents $ $ C. Personal Property $ $ D. Stocks $ $ E. Bonds $ $ F. Other $ $ Total $ $ The Fiduciary bond, if any, has been filed in this action in the amount of $ .

VERIFICATION: I solemnly affirm under the penalties of perjury that the contents of this account are true and complete to the best of my knowledge, information, and belief.

Date

Date

Signature of Fiduciary Signature of Fiduciary

Address Address

Telephone Number Telephone Number

Name of Fiduciary's Attorney

Address

Telephone Number (b) Report of the trust clerk and order of court. The Report of the Trust Clerk and Order of Court shall be filed in substantially the following form: REPORT OF TRUST CLERK AND ORDER OF COURT

I, the undersigned Trust Clerk, certify that I have examined the attached Fiduciary's Account in accordance with the Maryland Rules. Matters to be called to the attention of the Court are as follows:

Date Signature of Trust Clerk

Address of Trust Clerk Telephone No. of Trust Clerk

ORDER The foregoing Fiduciary's Account having been filed and reviewed, it is by the Court, this day of , , (month) (year) ORDERED, that the attached Fiduciary's Account is accepted.

(or)

ORDERED, that a hearing shall be held in this matter on (date)

JUDGE HISTORY: (Amended May 9, 2000, effective July 1, 2000.) MARYLAND RULES TITLE 10. GUARDIANS AND OTHER FIDUCIARIES CHAPTER 700. FIDUCIARY ESTATES INCLUDING GUARDIANSHIPS OF THE PROPERTY Md. Rule 10-709 (2012) Rule 10-709. Transfer of fiduciary estate to a foreign fiduciary (a) Who may file. A fiduciary or any interested person may file a petition requesting a court to transfer a fiduciary estate to a foreign fiduciary. (b) Venue. The petition shall be filed in the court that has assumed jurisdiction over the fiduciary estate, or if jurisdiction has not been assumed, in the county in which any part of the property is located, or where the transferor resides, is regularly employed, or maintains a place of business. (c) Contents. The petition shall contain at least the following information: (1) The name, address, telephone number, and interest of the petitioner. (2) The name, address, telephone number, and interest of the foreign fiduciary. (3) The place and date of the foreign fiduciary's appointment. (4) The reasons why the transfer should be made. (d) Certificates. A petition shall be accompanied by a certified copy of the instrument or court order appointing the foreign fiduciary, and proof that the appointment is still in effect. (e) Notice. The petitioner shall give notice to all interested persons by mailing to them by ordinary mail a copy of the petition and a show cause order issued pursuant to Rule 10-104.

(f) Final accounting. No final accounting need be filed unless required by the court. MARYLAND RULES TITLE 10. GUARDIANS AND OTHER FIDUCIARIES CHAPTER 700. FIDUCIARY ESTATES INCLUDING GUARDIANSHIPS OF THE PROPERTY Md. Rule 10-710 (2012) Rule 10-710. Termination of a fiduciary estate -- Final distribution (a) Cause for termination. Grounds for the termination of a fiduciary estate shall include: (1) the occurrence of the event specified in the instrument creating the estate; (2) the distribution by the fiduciary of all remaining assets of the estate in a manner authorized by the instrument creating the estate; (3) the attainment by a minor of the age of majority; (4) the emancipation of a minor who has not attained the age of majority; (5) the cessation of a disability; (6) the death of the minor or disabled person; or (7) any other good cause for termination. (b) Time for filing -- Who may file. Within 45 days after the fiduciary discovers that the grounds for termination exist, the fiduciary shall file a petition requesting the court to terminate the estate. Thereafter, if the fiduciary has not timely filed the petition, an interested person may file a petition requesting the court to terminate the estate. (c) Venue. The petition shall be filed in the court that has assumed jurisdiction over the fiduciary estate or if jurisdiction has not been assumed, in the county in which any part of the property is located, or where the fiduciary resides, is regularly employed, or maintains a place of business. (d) Contents. The petition shall be signed and verified by the petitioner and shall contain the following information: (1) the petitioner's interest in the estate; (2) the name and address of each interested person entitled to notice of the petition; (3) a statement of facts establishing the grounds for termination; and

(4) documentation as set forth in this Rule. (e) Documentation. (1) Proof of age. If the cause for the termination of the guardianship of the property of a minor is the attainment of the age of majority, the petitioner shall file with the petition a copy of the minor person's birth certificate or other satisfactory proof of age. (2) Marriage certificate. If the cause for the termination of the guardianship of the property of a minor is emancipation because of the marriage of the minor person, the petitioner shall file with the petition a copy of the marriage certificate. (3) Medical certificate. If the cause for the termination of the guardianship of the property of a disabled person is the cessation of the disability, the petitioner shall file with the petition a certificate, signed by a physician who has examined the person within 21 days of the filing of the petition, attesting to the cessation of the disability. (4) Death certificate. If the cause for the termination of the guardianship of the property is the death of the minor or disabled person, the petitioner shall file with the petition a copy of the death certificate. (f) Final accounting. If the petitioner is the fiduciary, the petitioner shall file with the petition a final accounting containing the same information required in annual accountings by Rule 10-708, together with the proposed final distribution of any remaining assets of the estate. The accounting shall cover any period of the fiduciary's administration of the estate which has not been covered by annual accountings previously filed in the proceedings. If the petitioner is not the fiduciary, the fiduciary shall file an accounting as directed by the court. Committee note. -- For the right of a guardian to pay from the guardianship estate all commissions, fees, and expenses of the guardianship before the balance of the guardianship estate is paid out to the personal representative or other person entitled to it, see Code, Estates and Trusts Article, 13214, which abrogates the ruling in Battley v. Banks, 177 Md. App. 638 (2007). (g) Notice. The petitioner shall give notice of the filing of the petition to the persons named as distributees in the proposed final distribution, to the other persons entitled to notice of annual accounts, and to all other persons designated by the court. The notice shall consist of mailing by ordinary mail a copy of the petition and a show cause order issued pursuant to Rule 10-104. HISTORY: (Amended June 7, 2011, effective July 1, 201) MARYLAND RULES TITLE 10. GUARDIANS AND OTHER FIDUCIARIES CHAPTER 700. FIDUCIARY ESTATES INCLUDING GUARDIANSHIPS OF THE PROPERTY Md. Rule 10-711 (2012)

Rule 10-711. Resignation of fiduciary and appointment of substituted or successor fiduciary (a) Commencement of action. A fiduciary may file a petition to resign. The petition shall state the reasons for the resignation and may request the appointment of a substituted or successor fiduciary. When a fiduciary resigns, dies, is removed, or becomes otherwise incapable of filling the position, and there is no substituted or successor fiduciary already named, the court may, on its own initiative or on petition filed by any interested person, appoint a substituted or successor fiduciary. (b) Venue. (1) Guardianships of the property. The petition to resign or to appoint a substituted or successor fiduciary shall be filed in the court that has assumed jurisdiction over the guardianship. If jurisdiction has not been assumed, the petition shall be filed pursuant to Rule 10-301 (b). (2) Other fiduciary proceedings. The petition shall be filed in the court that has assumed jurisdiction over the fiduciary estate, or if jurisdiction has not been assumed, in the county in which the property is situated, or where the fiduciary resides, is regularly employed, or maintains a place of business. (c) Account of resigning fiduciary. The resigning fiduciary shall file with the petition an accounting pursuant to Rule 10-706 for any period not covered in any annual accountings previously filed, or, if none, from the date the fiduciary assumed the office. In the case of an estate not previously subject to court jurisdiction, where all beneficiaries have filed a waiver or where the court does not require an accounting, an accounting need not be filed. (d) Notice. The petitioner shall give notice to those interested persons designated by the court by mailing to them by ordinary mail a copy of the petition and a show cause order issued pursuant to Rule 10-104. (e) Termination of fiduciary's appointment. Resignation of a fiduciary does not terminate the appointment of the fiduciary until the court enters an order accepting the resignation. (f) Proceedings. The court may, and upon request shall, hold a hearing and shall grant or deny the relief sought in the petition. Pending the appointment of the successor fiduciary, the court may appoint a temporary fiduciary. (g) Resignation of co-fiduciary. Unless otherwise ordered by the court, a co-fiduciary may resign the office pursuant to this Rule. The resigning co-fiduciary shall turn over all property belonging to the estate to the remaining co-fiduciary. (h) Duty of personal representative of the estate of deceased fiduciary or guardian of disabled fiduciary. Upon the death or disability of a fiduciary, the personal representative or the guardian of the fiduciary, if any, shall, subject to order of court:

(1) Have the duty to protect all property belonging to the estate; (2) Have the power to perform acts necessary for the protection of the estate; (3) Immediately apply to the court for the appointment of a substituted or successor fiduciary; (4) Upon appointment of a substituted or successor fiduciary have the duty to file an accounting pursuant to Rule 10-708 and deliver any property of the estate to the substituted or successor fiduciary. Committee note. -- Code, Estates and Trusts Article, 13-220 (c) applies to deceased or disabled guardians of the property; section (i) of this Rule applies to all deceased or disabled fiduciaries. (i) Additional means of resignation. This Rule is in addition to, and not in lieu of, any other procedure for the resignation or discharge of a fiduciary provided by law or by the instrument creating the estate or appointing the fiduciary. MARYLAND RULES TITLE 10. GUARDIANS AND OTHER FIDUCIARIES CHAPTER 700. FIDUCIARY ESTATES INCLUDING GUARDIANSHIPS OF THE PROPERTY Md. Rule 10-712 (2012) Rule 10-712. Removal for cause or other sanctions (a) On court's initiative. The court that has already assumed jurisdiction over the guardianship or estate may order a fiduciary to show cause why the fiduciary should not be removed or be subject to other sanctions for failure to perform the duties of that office. (b) On petition of interested persons. An interested person may file a petition to remove a fiduciary. The petition shall state the reasons why the fiduciary should be removed. (c) Venue. (1) Guardianships of the property. The petition shall be filed in the court that has already assumed jurisdiction or, if jurisdiction has not been assumed, pursuant to Rule 10-301 (b). (2) Other fiduciary proceedings. The petition shall be filed in the court that has already assumed jurisdiction or, if jurisdiction has not been assumed, in the county in which the property is situated, or where the fiduciary resides, is regularly employed, or maintains a place of business. (d) Notice and hearing. The court shall issue a show cause order pursuant to Rule 10-104 which shall set a hearing date. If no petition for removal has been filed, the show cause order shall state the grounds asserted by the court for the removal. The order and a copy of any petition shall be served on the fiduciary, the surety on any bond of the fiduciary, all interested persons, and any

other persons as directed by the court. The court shall conduct a hearing for the purpose of determining whether the fiduciary should be removed. (e) Action by court. If the court finds grounds for removal, it may remove the fiduciary and appoint a substituted or successor fiduciary as provided in Rule 10-711. Pending the appointment of the fiduciary, the court may appoint a temporary fiduciary. Cross references. -- As to the grounds for removal of a fiduciary, see Code, Estates and Trusts Article, 15-112. (f) Final accounting and delivery of property. Upon the appointment of a substituted or successor fiduciary, the removed fiduciary shall, within the time period specified by the Court, (1) file an accounting, pursuant to section (f) of Rule 10-710; and (2) deliver any property of the fiduciary estate to the substituted or successor fiduciary. (g) Other sanctions. In addition to or in lieu of removal, the court may disallow any commissions from the time the court finds that the default began, require the fiduciary to perform the neglected duties, and impose any other appropriate sanctions. MARYLAND RULES TITLE 11. JUVENILE CAUSES Md. Rule 11-101 (2012) Rule 11-101. Definitions a. Statutory definitions. The definitions stated in Section 3-801 of the Courts Article are applicable to this Title. Cross references. -- See 3-801 of the Courts Article for definitions of "adjudicatory hearing," "adult," "child," "child in need of assistance," "child in need of supervision," "citation," "commit," "court," "custodian," "delinquent act," "delinquent child," "detention," "disposition hearing," "intake officer," "mentally handicapped child," "party," "shelter care," and "violation." b. Additional definitions. The following words and phrases used in this Title are defined as follows: 1. Complaint. "Complaint" means a written statement made by any person or agency to an intake officer which, if true, would support the allegations of a juvenile petition. 2. Emergency detention or shelter care. "Emergency detention or shelter care" means detention or shelter care that is required at a time other than when a judge of the court having jurisdiction is available. 3. Juvenile petition. "Juvenile petition" means a petition filed pursuant to Section 3-810 of the

Courts Article. 4. Parent. "Parent" includes a child's parent, guardian and custodian. 5. Probation. "Probation" means a status created by a court order under which a child adjudicated to be delinquent, or an adult convicted under Section 3-831 of the Courts Article, is to remain subject to supervision of the Court under conditions the Court or the agency designated by it deems proper, but is not removed from his home. 6. Respondent. "Respondent" means the person against whom a petition is filed. 7. Waiver petition. "Waiver petition" means a petition filed pursuant to Rule 11-113 (Waiver of Jurisdiction). HISTORY: (Amended Nov. 5, 1976, effective Jan. 1, 1977; June 5, 1996, effective Jan. 1, 1997.) MARYLAND RULES TITLE 11. JUVENILE CAUSES Md. Rule 11-102 (2012) Rule 11-102. Complaint -- Intake procedures a. Complaint. Any person or agency having knowledge of facts which may cause a person to be subject to the jurisdiction of the court may file a complaint with the Juvenile Services Agency intake officer assigned to the court having proper venue. b. Intake procedures. The procedures for intake shall comply with provisions of Section 3-810 of the Courts Article. HISTORY: (Amended Nov. 5, 1976, effective Jan. 1, 1977; July 27, 1987, effective Aug. 17, 1987; June 5, 1996, effective Jan. 1, 1997.) MARYLAND RULES TITLE 11. JUVENILE CAUSES Md. Rule 11-102A (2012) Rule 11-102A. Transfer of jurisdiction from court exercising criminal jurisdiction a. Applicability. This Rule applies to actions for which a court exercising criminal jurisdiction has entered an order transferring jurisdiction pursuant to Rule 4-251 (c) (2) or 4-252 (h) (3). Cross references. -- Code, Criminal Procedure Article, 4-202. b. Juvenile petition. Within 10 days after a court exercising criminal jurisdiction enters an order transferring jurisdiction over a defendant to the juvenile court, the State's Attorney shall file a juvenile petition pursuant to Rule 11-103 and shall attach to the petition a copy of (1) the charging

document that was filed in the court exercising criminal jurisdiction and (2) the order of the court transferring jurisdiction. If the petition is not so filed, the respondent shall be released from detention, shelter care, or all conditions of pretrial release, without prejudice to the right of the State's Attorney to file a petition thereafter. c. Effect of provisions in order transferring jurisdiction. Except as provided in section b of this Rule and subject to Rules 11-112 and 11-114, any conditions of release of the respondent or any placement of the respondent in detention or shelter care set forth in the order transferring jurisdiction shall remain in effect and be enforceable by the juvenile court pending the adjudicatory hearing unless modified or abrogated by the juvenile court. HISTORY: (Added Sept. 11, 1995, effective Jan. 1, 1996; amended June 5, 1996, effective Jan. 1, 1997; Jan. 8, 2002, effective Feb. 1, 2002.) MARYLAND RULES TITLE 11. JUVENILE CAUSES Md. Rule 11-103 (2012) Rule 11-103. Juvenile petition a. Form -- Contents. The juvenile petition shall be by the State of Maryland. It shall be in writing and shall comply with the requirements of this Rule. 1. Caption. The petition shall be captioned "Matter of ........................." 2. Contents. The petition shall state: (a) The respondent's name, address and date of birth. If the respondent is a child, it shall also state the name and address of his parent. (b) Allegations providing a basis for the court's assuming jurisdiction over the respondent (e.g., that the respondent child is delinquent, in need of supervision, or in need of assistance; that the respondent adult violated Section 3-831 of the Courts Article; that the action arises under the Interstate Compact on Juveniles; or that the action arises under the compulsory public school attendance laws of this State). (c) The facts, in clear and simple language, on which the allegations are based. If the commission of one or more delinquent acts or crimes is alleged, the petition shall specify the laws allegedly violated by the respondent. (d) The name of each witness to be subpoenaed in support of the petition. (e) Whether the respondent is in detention or shelter care; and if so, whether his parent has been notified and the date such detention or shelter care commenced. (Amended Mar. 3, 1987, effective July 1, 1987.)

3. Signature. Except in the case of a petition filed under the Interstate Compact on Juveniles, the petition shall be signed by the State's Attorney if delinquency or a violation of Section 3-831 of the Courts Article is alleged, or by the intake officer in other cases. 4. Interstate compact petitions. Juvenile petitions filed under Article IV of the Interstate Compact on Juveniles (Code, Article 83C, 3-103) shall comply with the requirements of the Interstate Compact and must be verified by affidavit. b. Filing. The petition shall be filed with the clerk of the court, in a sufficient number of copies to provide for service upon the parties. HISTORY: (Amended Nov. 5, 1976, effective Jan. 1, 1977; June 5, 1996, effective Jan. 1, 1997; May 9, 2000, effective July 1, 2000.) MARYLAND RULES TITLE 11. JUVENILE CAUSES Md. Rule 11-104 (2012) Rule 11-104. Duties of clerk a. Separate Docket. The clerk shall maintain a separate docket for Juvenile Causes. Upon the filing of a juvenile petition, or a petition for continued detention or shelter care the name of each respondent shall be entered on the docket and indexed. b. Scheduling of Hearing. Upon the filing of a juvenile petition, or a petition for continued detention or shelter care the clerk shall promptly schedule a hearing. c. Process -- Issuance -- Service. Unless the court otherwise directs, upon the filing of a juvenile petition, the clerk shall promptly issue a summons substantially in the form set forth in Form 904-S of the Appendix of Forms and returnable as provided by Rule 2-126 for each party except the petitioner and a respondent child alleged to be in need of assistance. Any summons addressed to a parent of a respondent child shall require the parent to produce the respondent child on the date and time named in the summons. The summons, together with a copy of the juvenile petition, shall be served in the manner provided by Chapter 100 of Title 2 for service of process to obtain personal jurisdiction over a person within this State. If the parent of the child is a nonresident, or for any reason cannot be served, notice of the pendency and nature of the proceeding shall be given as directed by the court, and proof of the steps taken to give notice that justice shall require. d. Subpoena. The clerk shall issue a subpoena for each witness requested by any party, pursuant to Rule 2-510.

e. The summons, together with a copy of the juvenile petition, shall be served in the manner provided by Chapter 100 of Title 2 for service of process to obtain personal jurisdiction over a person within this State. The clerk shall accept for deposit security for the appearance of any person subject to the court's original jurisdiction, in the form and amount that the court determines. f. List of Open Hearings. Prior to the convening of court on each day that the juvenile court is in session, the clerk shall prepare and make available to the public a list of the hearings scheduled for that day that are required by Code, Courts Article, 3-8A-13(f) to be conducted in open court. The list shall include the full name of each respondent and the time and location of the hearing. HISTORY: (Amended Nov. 5, 1976, effective Jan. 1, 1977; Apr. 6, 1984, effective July 1, 1984; June 5, 1996, effective Jan. 1, 1997; June 8, 1998, effective Oct. 1, 1998; Feb. 10, 2009, effective May 1, 2009.) MARYLAND RULES TITLE 11. JUVENILE CAUSES Md. Rule 11-105 (2012) Rule 11-105. Physical and mental examination a. Examination procedure. 1. Order for examination. Any order for a physical or mental examination pursuant to Section 3818 of the Courts Article shall specify the time, place, manner, conditions and scope of the examination and the person or persons by whom it is to be made. The court shall order that the examination be conducted on an outpatient basis if, considering the child's condition, that is feasible and appropriate. The order may regulate the filing of a report of findings and conclusions and the testimony at a hearing by the examining physician, psychiatrist, psychologist or other professionally qualified person, the payment of the expenses of the examination and any other relevant matters. (Amended Nov. 5, 1976, effective Jan. 1, 1977; Apr. 18, 1980, effective July 1, 1980.) 2. Service of copies of report. Copies of all studies and reports of examinations made to the court under this Rule shall be furnished by the court to counsel for the parties when received by the court, but not later than two days before any hearing at which the results of the examinations will be offered in evidence. b. Use of report. The report of examination is admissible in evidence as set forth in Section 3-818 of the Courts Article. c. Admissibility of testimony. 1. In delinquency and contributing cases. In delinquency cases and in cases in which an adult is charged with a violation of Section 3-831 of the Courts Article, testimony concerning a study or examination ordered under Section 3-818 of the Courts Article by persons who conducted the

study or examination is admissible (i) at waiver and disposition hearings, and (ii) at an adjudicatory hearing on the issues of a respondent's competence to participate in the proceedings and his legal responsibility for his acts. 2. In all other cases. In all other cases, testimony concerning a study or examination ordered under Section 3-818 of the Courts Article by persons who conducted the study or examination is admissible at any hearing. HISTORY: (Amended Nov. 5, 1976, effective Jan. 1, 1977; June 5, 1996, effective Jan. 1, 1997.) MARYLAND RULES TITLE 11. JUVENILE CAUSES Md. Rule 11-106 (2012) Rule 11-106. Right to counsel a. In all proceedings -- Appearance of out-of-state attorney. The respondent is entitled to be represented in all proceedings under this Title by counsel retained by him, his parent, or appointed pursuant to the provisions of subsection b 2 and 3 of this Rule. An out-of-state attorney may enter his appearance and participate in a cause only after having been admitted in accordance with Rule 14 of the Rules Governing Admission to the Bar of Maryland (Special Admission of Out-of-State Attorneys). Once so admitted, his appearance and participation is limited by the restrictions of that Rule. Cross references. -- See Rule 14 of the Rules Governing Admission to the Bar of Maryland. b. Waiver of representation -- Indigent cases -- Non-indigent cases. 1. Waiver procedure. If, after the filing of a juvenile petition, a respondent or his parent indicates a desire or inclination to waive representation for himself, before permitting the waiver the court shall determine, after appropriate questioning in open court and on the record, that the party fully comprehends: (i) the nature of the allegations and the proceedings, and the range of allowable dispositions; (ii) that counsel may be of assistance in determining and presenting any defenses to the allegations of the juvenile petition, or other mitigating circumstances; (iii) that the right to counsel in a delinquency case, a child in need of supervision case, or a case in which an adult is charged with a violation of Section 3-831 of the Courts Article includes the right to the prompt assignment of an attorney, without charge to the party if he is financially unable to obtain private counsel;

(iv) that even if the party intends not to contest the charge or proceeding, counsel may be of substantial assistance in developing and presenting material which could affect the disposition; and (v) that among the party's rights at any hearing are the right to call witnesses in his behalf, the right to confront and cross-examine witnesses, the right to obtain witnesses by compulsory process, and the right to require proof of any charges. 2. Representation of indigents in delinquency, child in need of supervision, and contributing cases. (a) Unless knowingly and intelligently waived, and unless counsel is otherwise provided, an indigent party, or an indigent child whose parents are either indigent or unwilling to employ counsel, shall be entitled to be represented by the Office of the Public Defender in a delinquency case, a child in need of supervision case, or a case in which an adult is charged with a violation of Section 3-831 of the Courts Article, at any stage in a waiver, adjudicatory or disposition hearing, or hearing under Rule 11-116 (Modification or Vacation of Order). (b) Upon request or upon the court's own motion, the Office of the Public Defender shall appoint, in a delinquency case, a child in need of supervision case, or a case in which an adult is charged with a violation of Section 3-831 of the Courts Article, separate counsel to represent any indigent party other than the child if the interests of the child and those of the party appear to conflict, and if such counsel is necessary to meet the requirements of a fair hearing. 3. Child in need of assistance cases. A party in a child in need of assistance proceeding is entitled to the assistance of counsel as provided in Section 3-821 of the Courts Article. Cross references. -- See Appendix: The Maryland Lawyers' Rules of Professional Conduct, Rule 1.14 (Client with Diminished Capacity) and Appendix: Guidelines of Advocacy for Attorneys Representing Children in CINA and Related TPR and Adoption Cases. 4. Non-indigent cases. Upon motion of any party or upon the court's motion, the court may appoint an attorney to represent a child. Compensation for the services of the attorney may be assessed against any party. HISTORY: (Amended Nov. 5, 1976, effective Jan. 1, 1977; Nov. 4, 1977, effective Jan. 1, 1978; July 16, 1992; June 5, 1996, effective Jan. 1, 1997; Mar. 5, 2001, effective July 1, 2001; Feb. 8, 2005, effective July 1, 2005.) MARYLAND RULES TITLE 11. JUVENILE CAUSES Md. Rule 11-107 (2012) Rule 11-107. Responsive pleading or motion a. Denial -- Admission -- Preliminary objection. A respondent may file a pleading denying or

admitting all or any facts alleged in the juvenile petition, or he may file a motion raising preliminary objection. Any allegation not admitted is deemed denied. If a respondent fails to file a pleading, his failure will be taken as a denial of the allegations in the petition. b. Uncontested responsive pleading. If a respondent child has filed a pleading admitting the allegations of the juvenile petition or indicates to the court his intention not to deny those allegations, the court, before proceeding with an adjudicatory hearing, shall advise the child of the nature and possible consequence of his action or intended action. The court shall neither encourage or discourage the child with respect to his action or intended action, but shall ascertain to its satisfaction that the child understands the nature and possible consequences of failing to deny the allegations of the juvenile petition, and that he takes that action knowingly and voluntarily. These proceedings shall take place in open court and shall be on the record. If the respondent is an adult, the provisions of Title 4 shall apply. HISTORY: (Amended Nov. 5, 1976, effective Jan. 1, 1977; Apr. 6, 1984, effective July 1, 1984; June 5, 1996, effective Jan. 1, 1997.) MARYLAND RULES TITLE 11. JUVENILE CAUSES Md. Rule 11-108 (2012) Rule 11-108. Amendment -- Continuance a. Juvenile petition. A juvenile petition may be amended by or with the approval of the court at any time prior to the conclusion of the adjudicatory hearing. b. Other pleading. A pleading other than a juvenile petition may be amended with the approval of the court at any time prior to the final disposition of that pleading. c. Continuance. If a juvenile petition or other pleading is amended, the court shall grant the parties such continuance as justice may require in light of the amendment. HISTORY: (Amended Nov. 5, 1976, effective Jan. 1, 1977; June 5, 1996, effective Jan. 1, 1997.) MARYLAND RULES TITLE 11. JUVENILE CAUSES Md. Rule 11-109 (2012) Rule 11-109. Discovery and inspection a. Delinquency and contributing cases. 1. Definition of "State" and "Respondent." In this section, "State" means the State's Attorney, and "Respondent" includes his counsel where appropriate.

2. Scope of section. This section applies to proceedings in which by petition, a child is alleged to be delinquent, or an adult is alleged to have violated Section 3-831 of the Courts Article. 3. Discovery by the respondent. The State shall without the necessity of a request by the respondent, furnish to the Respondent: (a) any material or information within the knowledge, possession or control of the State which tends to negate the involvement of the respondent as to the offense charged; (b) any relevant material or information regarding (1) specific searches and seizures; (2) wiretaps and eavesdropping. (3) the acquisition of statements made by the respondent; and (4) prehearing identification of the respondent by a witness for the State; (c) the name and address of each person whom the State intends to call as a witness at any hearing to prove its case in chief or to rebut alibi testimony to the extent then known; (d) as to all statements made by the respondent to a State agent which the State intends to use at a hearing: (1) a copy of each written or recorded statement; and (2) the substance of each oral statement and a copy of all reports of each oral statement; (e) as to all statements made by a co-respondent to a State agent which the State intends to use at a hearing, unless a severance has been ordered by the court: (1) a copy of each written or recorded statement; and (2) the substance of each oral statement and a copy of all reports of each oral statement; (f) any written report or statement made in connection with the particular case by each expert consulted by the State, if the State intends to offer the testimony of the expert or the report at any hearing, including the written substance of any oral report and conclusion made in connection with the particular case by each expert consulted by the State and the results of any physical or mental examination, scientific test, experiment or comparison; (g) any book, paper, document, recording, photograph and any tangible object which the State intends to use at any hearing, in order to permit the respondent to inspect, copy and photograph them; and

(h) any item obtained from or belonging to the respondent which the State intends to use at any hearing, in order to permit the respondent to inspect, copy and photograph it. (i) The State's Attorney's obligations under this section extend to material and information in the possession or control of members of his staff and of any others who have participated in the investigation or evaluation of the case and who either regularly report or with reference to the particular case have reported to his office. 4. Compliance by the State. Subject to the provisions of subsections 8 and 9 of this section, the State may comply with subsection 3 of this section by advising the respondent in writing or on the record, that the respondent may inspect the entire file of the State and by allowing such inspection to occur at any time during normal business hours. However, if the State has any exculpatory information specified in subsection 3 (a) of this Rule, the State shall promptly furnish such information to the respondent, whether or not the respondent has made the inspection provided for by that subsection. 5. Matters not subject to discovery by respondent. This section does not require the State to disclose: (a) any documents to the extent that they contain the opinions, theories, conclusions, or other work product of the State, (b) the identity of a confidential informant, so long as the failure to disclose the informant's identity does not infringe on a constitutional right of the respondent, and the State does not intend to call the informant as a witness; and (c) any matter which the court, under subsection 9 of this section, orders need not be disclosed. 6. Discovery by the State. Upon the request of the State, the respondent shall: (a) appear in a lineup for identification; (b) speak for identification; (c) be fingerprinted; (d) pose for photographs not involving reenactment of a scene; (e) try on articles of clothing; (f) permit the taking of specimens of material under his fingernails; (g) permit the taking from his body of samples of blood, hair, and other material involving no unreasonable intrusion upon his person; (h) provide specimens of his handwriting;

(i) submit to reasonable physical inspection of his body or mental examination; (j) produce and permit the State to inspect and copy all written reports made in connection with the particular case by each expert who the respondent intends to call as a witness at the hearing, including the substance of any oral report and conclusion made in connection with the particular case by an expert which the respondent intends to use at the hearing and the results of any physical or mental examination, scientific test, experiment, or comparison; (k) furnish, upon designation by the State of the time, place and date of the alleged occurrence, the name and address of each witness other than the respondent whom the respondent intends to call as a witness to show he was not present at the time, place and date designated by the State in its request. 7. Procedure for discovery -- Time -- Hearing on motion to compel. The State shall make the disclosure required under subsection 3 of this section, and shall request the discovery required under subsection 6 of this section, within five days after the earlier of the appearance of counsel, or the waiver of counsel under Rule 11-106. The respondent shall furnish the discovery required under this section within ten days after a request is made. The court, for good cause shown, may extend the time for discovery. If discovery is not furnished as required, a motion to compel discovery may be filed which shall specify the items which have not been furnished. A hearing shall be held no later than three days after the motion is filed. 8. Continuing duty to disclose. If, subsequent to compliance with a request made under this Rule or with any order compelling discovery, a party learns of additional information previously requested and required to be furnished, he shall promptly furnish the information to the other party or his counsel. If the additional information is learned during a hearing, he shall, in addition to furnishing the information promptly to the other party or his counsel, notify the court that such matter is being furnished. 9. Protective orders. Upon motion and a showing of good cause, the court may order that specified disclosures be restricted. If, at any time during the proceedings, it is brought to the attention of the court that a party has failed to comply with this section or an order issued under this section, the court may: (a) order such party to permit the discovery of the matters not previously disclosed; (b) strike the testimony to which the undisclosed matter relates; (c) grant a reasonable continuance; (d) prohibit the party from introducing in evidence the matter not disclosed; (e) grant a mistrial; or

(f) enter such other order as may be appropriate under the circumstances. b. All other cases. In any proceeding in which a child is alleged to be in need of supervision or assistance, the court may, upon good cause shown, pass such orders in aid of discovery, and inspection of evidence as justice may require. c. Timely disclosure required. All matters and information to which a party is entitled must be disclosed in time to permit its beneficial use. HISTORY: (Added Nov. 5, 1976, effective Jan. 1, 1977; amended June 5, 1996, effective Jan. 1, 1997.) MARYLAND RULES TITLE 11. JUVENILE CAUSES Md. Rule 11-110 (2012) Rule 11-110. Hearings -- Generally a. Before master or judge -- Proceedings recorded. Hearings shall be conducted before a master or a judge without a jury. Proceedings shall be recorded by stenographic notes or by electronic, mechanical or other appropriate means. b. Place of hearing. A hearing may be conducted in open court, in chambers, or elsewhere where appropriate facilities are available. The hearing may be adjourned from time to time and, except as otherwise required by Code, Courts Article, 3-812, may be conducted out of the presence of all persons except those whose presence is necessary or desirable. If the court finds that it is in the best interest of a child who is the subject of the proceeding, the presence of the child may be temporarily excluded except when the child is alleged to have committed a delinquent act. c. Minimum five-day notice of hearing -- Service -- Exception. Except in the case of a hearing on a petition for continued detention or shelter care pursuant to Rule 11-112 (Detention or Shelter Care), the clerk shall issue a notice of the time, place and purpose of any hearing scheduled pursuant to the provisions of this Title. This notice shall be served on all parties together with a copy of the petition or other pleading if any, in the manner provided by section c of Rule 11-104 (Duties of Clerk) at least five days prior to the hearing. d. Multiple petitions. 1. Individual hearings. If two or more juvenile petitions are filed against a respondent, hearings on the juvenile petitions may be consolidated or severed as justice may require. 2. Consolidation. Hearings on juvenile petitions filed against more than one respondent arising out of the same incident or conditions, may be consolidated or severed as justice may require.

However, (i) if prejudice may result to any respondent from a consolidation, the hearing on the juvenile petition against the respondent shall be severed and conducted separately; and (ii) if juvenile petitions are filed against a child and an adult, the hearing on the juvenile petition filed against the child shall be severed and conducted separately from the adult proceeding. e. Controlling conduct of person before the court. 1. Sua sponte or on application. The court, upon its own motion or on application of any person, institution, or agency having supervision or custody of, or other interest in a respondent child, may direct, restrain or otherwise control the conduct of any person properly before the court in accordance with the provisions of Section 3-827 of the Courts Article. 2. Other remedies. Title 15, Chapter 200 of these Rules is applicable to juvenile causes, and the remedies provided therein are in addition to the procedures and remedies provided by subsection 1 of this section. HISTORY: (Amended Nov. 5, 1976, effective Jan. 1, 1977; June 5, 1996, effective Jan. 1, 1997; June 8, 1998, effective Oct. 1, 1998.) MARYLAND RULES TITLE 11. JUVENILE CAUSES Md. Rule 11-111 (2012) Rule 11-111. Masters a. Authority. 1. Detention or shelter care. A master is authorized to order detention or shelter care in accordance with Rule 11-112 (Detention or Shelter Care) subject to an immediate review by a judge if requested by any party. 2. Other matters. A master is authorized to hear any cases and matters assigned to him by the court, except a hearing on a waiver petition. The findings, conclusions and recommendations of a master do not constitute orders or final action of the court. b. Report to the court. Within ten days following the conclusion of a disposition hearing by a master, he shall transmit to the judge the entire file in the case, together with a written report of his proposed findings of fact, conclusions of law, recommendations and proposed orders with respect to adjudication and disposition. A copy of his report and proposed order shall be served upon each party as provided by Rule 1-321. c. Review by court if exceptions filed. Any party may file exceptions to the master's proposed findings, conclusions, recommendations or proposed orders. Exceptions shall be in writing, filed with the clerk within five days after the master's report is served upon the party, and shall specify

those items to which the party excepts, and whether the hearing is to be de novo or on the record. Upon the filing of exceptions, a prompt hearing shall be scheduled on the exceptions. An excepting party other than the State may elect a hearing de novo or a hearing on the record. If the State is the excepting party, the hearing shall be on the record, supplemented by such additional evidence as the judge considers relevant and to which the parties raise no objection. In either case the hearing shall be limited to those matters to which exceptions have been taken. d. Review by court in absence of exceptions. In the absence of timely and proper exceptions, the master's proposed findings of fact, conclusions of law and recommendations may be adopted by the court and the proposed or other appropriate orders may be entered based on them. The court may remand the case to the master for further hearing, or may, on its own motion, schedule and conduct a further hearing supplemented by such additional evidence as the court considers relevant and to which the parties raise no objection. Action by the court under this section shall be taken within two days after the expiration of the time for filing exceptions. HISTORY: (Amended Nov. 5, 1976, effective Jan. 1, 1977; Apr. 6, 1984, effective July 1, 1984; June 5, 1996, effective Jan. 1, 1997.) MARYLAND RULES TITLE 11. JUVENILE CAUSES Md. Rule 11-112 (2012) Rule 11-112. Detention or shelter care a. Emergency detention or shelter care. 1. Authority. The court or an intake officer may authorize emergency detention or shelter care of a child taken into custody in accordance with Section 3-815 (b) of the Courts Article. 2. Report to court -- Petition for continued detention or shelter care. If a child is placed in emergency detention or shelter care, the intake officer shall, on the next day the court is sitting: (i) report that fact to the court, together with the circumstances that led to the child being placed in emergency detention or shelter care; and (ii) if continued detention or shelter care is sought, file a petition for continued detention or shelter care showing cause why continued detention or shelter care is warranted. 3. Hearing. If a petition for continued detention or shelter care is filed pursuant to this Rule, a hearing shall be held on the day the petition is filed and the respondent shall be brought to court for the hearing. The hearing may be postponed or continued by the court for good cause shown, but it may not be postponed for more than eight days following the commencement of respondent's emergency detention or shelter care. Reasonable notice of the date and time of the hearing shall be given to the respondent, and if possible to his parent and his counsel, if known.

b. Continued detention or shelter care pending adjudication or waiver. 1. Finding. Detention or shelter care may not be continued beyond emergency detention or shelter care unless after a hearing the court finds that one or more of the circumstances stated in Section 3815 (b) of the Courts Article exists. 2. Maximum period of detention or shelter care. Continued detention or shelter care pending the adjudicatory or waiver hearing may not be ordered for a period of more than thirty days. c. Continued detention or shelter care after waiver or adjudicatory hearing. The court may, on petition or of its own motion, continue detention or shelter care for a period not longer than thirty days after a denial of a petition for waiver or an adjudicatory hearing. d. Title 5 not applicable. Title 5 of these rules does not apply to detention or shelter care hearings. HISTORY: (Amended Nov. 5, 1976, effective Jan. 1, 1977; Dec. 15, 1993, effective July 1, 1994; June 5, 1996, effective Jan. 1, 1997.) MARYLAND RULES TITLE 11. JUVENILE CAUSES Md. Rule 11-113 (2012) Rule 11-113. Waiver of jurisdiction a. Initiating waiver. 1. On the court's own motion. Upon the filing of a juvenile petition alleging delinquency the court may on its own motion waive its exclusive original jurisdiction so that the respondent may be tried in the criminal court. 2. Petition by State's Attorney -- Requirements. The State's Attorney may file a petition requesting the court to waive its exclusive jurisdiction over a juvenile respondent alleged to be delinquent. The petition shall: (i) be filed with or after the filing of a juvenile petition, but before the commencement of an adjudicatory hearing; (ii) comply with the provisions of Section 3-817 (a) of the Courts Article; and (iii) state in clear, concise and specific language the reasons why the State's Attorney requests the waiver, taking into account the factors required to be considered by the court under Section 3-817 (c) and (d) of the Courts Article. b. Investigation. Upon the filing of a waiver petition, the court shall order that a waiver investigation be made. The report of the waiver investigation shall include all social records that are to be made available to the court at the waiver hearing, and a copy of the report shall be served

upon counsel for the parties at least two days before the hearing. c. Hearing. 1. Hearing required -- Exceptions. Except as provided by sections e and f of this Rule, the court may not waive its jurisdiction without first conducting a waiver hearing. 2. Time of hearing. The hearing shall take place (i) after notice has been given pursuant to Rule 11-110 (Hearings -- Generally). (ii) prior to the commencement of an adjudicatory hearing. 3. Purpose of hearing. A waiver hearing is for the sole purpose of determining whether the court should waive its jurisdiction. The court shall assume, for purposes of that determination, that the respondent committed the delinquent act or crime alleged in the juvenile petition. d. Consideration in determining waiver. In determining whether to waive its jurisdiction, the court shall comply with the provisions of Section 3-817 (c), (d), and (e) of the Courts Article. In the interest of justice, the court may decline to require strict application of the rules in Title 5, except those relating to the competency of witnesses. e. Summary review. If the court has once waived its jurisdiction with respect to a respondent who again comes before the court on a juvenile petition alleging delinquency, the court, on its motion or on a waiver petition filed by the State's Attorney, may waive its jurisdiction in the subsequent proceeding after summary review and without a hearing. f. Adult respondent. Jurisdiction over an adult respondent charged under Section 3-831 of the Courts Article shall be waived by the court upon the motion of the State's Attorney or the adult respondent. Jurisdiction may be waived by the court upon its own initiative or after a hearing upon the motion of any party, if charges against the adult respondent arising out of the same incident are pending in the criminal court. g. Order. 1. Jurisdiction waived. If the court concludes that its jurisdiction should be waived, it shall: (a) state the grounds for its decision on the record or in a written memorandum filed with the clerk. (b) enter an order: (i) waiving its jurisdiction and ordering the respondent held for trial under the appropriate criminal procedure; (ii) placing the respondent in the custody of the sheriff or other appropriate officer in an adult

detention facility pending a pretrial release hearing pursuant to Rule 4-222. 2. Juvenile petition a charging document pending bail hearing. The juvenile petition shall be considered a charging document for the purpose of detaining the respondent pending a bail hearing. 3. True copies to be furnished appropriate officer. A true copy of the juvenile petition and of the court's signed order shall be furnished forthwith by the clerk to the appropriate officer pending a bail hearing. h. Effect of appeal. Deleted Mar. 3, 1987, effective July 1, 1987. HISTORY: (Amended Nov. 5, 1976, effective Jan. 1, 1977; Apr. 6, 1984, effective July 1, 1984; Mar. 3, 1987, effective July 1, 1987; Dec. 15, 1993, effective July 1, 1994; June 5, 1996, effective Jan. 1, 1997; Oct. 5, 1999.) MARYLAND RULES TITLE 11. JUVENILE CAUSES Md. Rule 11-114 (2012) Rule 11-114. Adjudicatory hearing a. Requirement. After a juvenile petition has been filed, and unless jurisdiction has been waived, the court shall hold an adjudicatory hearing. b. Scheduling of hearing. 1. Adjudicatory hearing. An adjudicatory hearing shall be held within sixty days after the juvenile petition is served on the respondent unless a waiver petition is filed, in which case an adjudicatory hearing shall be held within thirty days after the court's decision to retain jurisdiction at the conclusion of the waiver hearing. However, upon motion made on the record within these time limits by the petitioner or the respondent, the administrative judge of the county or a judge designated by him, for extraordinary cause shown, may extend the time within which the adjudicatory hearing may be held. The judge shall state on the record the cause which requires an extension and specify the number of days of the extension. 2. Prehearing detention or shelter care. If the respondent is in detention or shelter care, the adjudicatory hearing shall be held within thirty days from the date on which the court ordered continued detention or shelter care. If an adjudicatory hearing is not held within thirty days, the respondent shall be released on the conditions imposed by the court pending an adjudicatory hearing, which hearing shall be held within the time limits set forth in subsection 1 of this section. c. Presentation of evidence. If the juvenile petition alleges delinquency, the State's Attorney shall present the evidence in support of it unless excused by the court. In all other cases the appropriate governmental or social agency or other persons authorized by the court shall present the evidence.

d. Respondent's right to remain silent. A respondent may remain silent as of right during an adjudicatory hearing on an allegation of delinquency and in all other cases where permitted on constitutional grounds; and the respondent shall be advised of this right by the court. e. Evidence -- Proof of allegations of petition. 1. Petition alleging delinquency. The allegations of a juvenile petition that the respondent has committed a delinquent act must be proved beyond a reasonable doubt. An uncorroborated extra judicial confession is not sufficient to establish that the respondent committed the delinquent act. 2. Petition alleging contributing. The allegations of a juvenile petition that an adult respondent violated Section 3-831 of the Courts Article must be proved beyond a reasonable doubt. 3. Other cases. All other allegations of a juvenile petition must be proved by a preponderance of the evidence. f. Adjudication -- Finding -- Adjudicatory order. If the hearing is conducted by a judge, at its conclusion, he shall announce and dictate to the court stenographer or reporter, or prepare and file with the clerk, an adjudicatory order stating the grounds upon which he bases his adjudication. If the hearing is conducted by a master, the procedures set forth in Rule 11-111 (Masters) shall be followed. HISTORY: (Amended Nov. 5, 1976, effective Jan. 1, 1977; Nov. 13, 1981, effective Jan. 1, 1982; June 5, 1996, effective Jan. 1, 1997.) MARYLAND RULES TITLE 11. JUVENILE CAUSES Md. Rule 11-115 (2012) Rule 11-115. Disposition hearing a. Hearing -- Scheduling. If after an adjudicatory hearing the court determines that the allegations of the petition at issue in the adjudicatory hearing have been sustained, it shall promptly schedule a separate disposition hearing. The disposition hearing shall be held no later than thirty days after the conclusion of the adjudicatory hearing. b. Disposition -- Judge or master. The disposition made by the court shall be in accordance with Section 3-820 (b) of the Courts Article. If the disposition hearing is conducted by a judge, and his order includes placement of the child outside the home, the judge shall announce in open court and shall prepare and file with the clerk, a statement of the reasons for the placement. If the hearing is conducted by a master, the procedures of Rule 11-111 shall be followed. In the interest of justice, the judge or master may decline to require strict application of the rules in Title 5, except those relating to the competency of witnesses. A commitment recommended by a master is subject to approval by the court in accordance with Rule 11-111, but may be implemented in advance of court approval.

c. Placement in a State mental hospital. 1. Standard for commitment. A court may not commit a child to the Department of Health and Mental Hygiene for inpatient care and treatment at a State mental hospital unless the court finds that (a) the child has a mental disorder, and (b) the child needs inpatient care and treatment for the protection of himself or others, and (c) the child is unable or unwilling to be voluntarily admitted to such hospital, and (d) there is no less restrictive form of intervention available which is consistent with the child's condition and welfare. 2. Order for evaluation. If the court has reason to believe that a child should be committed to the Department of Health and Mental Hygiene for inpatient care and treatment at a State mental hospital, it shall order that the child be evaluated, pursuant to Section 3-818 of the Courts Article and Rule 11-105. The order shall require the agency conducting the evaluation to submit a written report setting forth its findings regarding (a) the extent to which the standard for commitment set forth in subsection c 1 of this Rule is met, (b) the bases for these findings, (c) its recommended disposition, and (d) the reasons for its recommended disposition. The evaluation shall be conducted on an outpatient basis if, considering the child's condition, that is feasible and appropriate. Where an inpatient evaluation is necessary, the court may authorize the admission of the child to a State mental hospital for a period not to exceed 30 days for the purpose of the evaluation. 3. Modification or vacation of commitment order. (a) Periodic review. A commitment order issued under section b of this Rule shall require the Department or the hospital to file progress reports with the court at six-month intervals throughout the commitment. The report shall comply with the requirements of an evaluation report under subsection c 2 of this Rule. A copy of each report shall be given to the child's attorney of record. The court shall review each report promptly and consider whether the commitment order should be modified or vacated. Upon the request of any party, the Department, or the hospital, or upon its own motion, the court shall grant a hearing for the purpose of hearing testimony pertinent to its review. (b) Other review. In addition to the periodic review provided for in subsection c 3 (a) of this Rule,

the court may at any time upon the petition of any party, the Department, or the hospital, or upon its own motion, modify or vacate its order, provided that the court may not modify or vacate its order without notice and opportunity for hearing. d. Commitment to Department of Social Services. In cases in which a child is committed to a local department of social services for placement outside the child's home, the court, within 18 months after the original placement and periodically thereafter at intervals not greater than 18 months, shall conduct a review hearing to determine whether and under what circumstances the child's commitment to the local department of social services should continue. Considerations pertinent to the determination include whether the child should (1) be returned home, (2) be continued in foster care for a specified period, (3) be placed for adoption, or (4) because of the child's special needs or circumstances, be continued in foster care on a permanent or long-term basis. The hearing shall be conducted as prescribed in Rule 11-110 or, if conducted by a master, as prescribed in Rule 11-111, except that the child's presence shall not be required if presence at the hearing is likely to cause serious physical, mental, or emotional harm to the child. HISTORY: (Amended Nov. 5, 1976, effective Jan. 1, 1977; Apr. 18, 1980, effective July 1, 1980; June 23, 1983, effective July 1, 1983; Dec. 15, 1993, effective July 1, 1994; June 5, 1996, effective Jan. 1, 1997.) MARYLAND RULES TITLE 11. JUVENILE CAUSES Md. Rule 11-116 (2012) Rule 11-116. Modification or vacation of order a. Revisory power. An order of the court may be modified or vacated if the court finds that action to be in the best interest of the child or the public, except in cases involving commitment of a child to the Department of Health and Mental Hygiene for placement in a State mental hospital. In cases involving such commitment the court shall proceed as provided in Rule 11-115. (Amended Nov. 7, 1976, effective Jan. 1, 1997; Apr. 18, 1980, effective July 1, 1980.) b. Sua sponte or on petition. The court may proceed under section a of this Rule on its own motion, or on the petition of any party or other person, institution or agency having supervision or custody of the respondent, setting forth in concise terms the grounds upon which the relief is requested. If the court proceeds on its own motion, the order shall set forth the grounds on which it is based. c. Hearing -- When required. If the relief sought under section a of this Rule is for revocation of probation and for the commitment of a respondent, the court shall pass an order to show cause why the relief should not be granted and setting a date and time for a hearing. The clerk shall cause a copy of the petition and Show Cause Order to be served upon the parties. In all other cases, the court may grant or deny the relief, in whole or in part, without a hearing. d. Conduct of hearing. In the interest of justice, at any hearing held pursuant to this Rule the court may decline to require strict application of the rules in Title 5, except those relating to the competency of witnesses.

HISTORY: (Amended Nov. 5, 1976, effective Jan. 1, 1977; Dec. 15, 1993, effective July 1, 1994; June 5, 1996, effective Jan. 1, 1997.) MARYLAND RULES TITLE 11. JUVENILE CAUSES Md. Rule 11-117 (2012) Rule 11-117. Custody -- Appointment of guardian -- Pending support proceedings a. Custody -- Appointment of guardian of the person. The court shall determine the custody or appoint a guardian of the person of a child only if the question arises in connection with a matter which is within its exclusive jurisdiction under Sections 3-804 and 3-805 (a) of the Courts Article, and the determination of the question is necessary to make an appropriate disposition. b. Pending support proceedings. The court shall give due consideration to orders or proceedings pertaining to custody or support issued by or pending in other courts. However, this shall not affect the court's authority to detain, commit, or place in shelter care a child under its jurisdiction, or to exercise its authority in accordance with Sections 3-827 and 3-830 of the Courts Article. HISTORY: (Amended Nov. 5, 1976, effective Jan. 1, 1977; June 5, 1996, effective Jan. 1, 1997.) MARYLAND RULES TITLE 11. JUVENILE CAUSES Md. Rule 11-118 (2012) Rule 11-118. Parents' liability -- Hearing -- Recording and effect a. Hearing. If, at any stage of a proceeding, the court believes a respondent has committed acts for which the respondent's parent or parents may be liable under Code, Criminal Law Article, 4503, 9-504, or 9-505 or Code, Criminal Procedure Article, 11-607(b), the court shall summon the parent or parents in the manner provided by Chapter 100 of Title 2 for service of process to obtain personal jurisdiction over a person to appear at a hearing to determine liability. This hearing may be conducted contemporaneously with a disposition hearing, if appropriate. b. Recording. Recordation of a judgment of restitution shall be governed by Code, Criminal Procedure Article, 11-608. HISTORY: (Amended Nov. 5, 1976, effective Jan. 1, 1977; Apr. 6, 1984, effective July 1, 1984; June 5, 1996, effective Jan. 1, 1997; June 8, 1998, effective Oct. 1, 1998; Oct. 5, 1999; Jan. 8, 2002, effective Feb. 1, 2002; Oct. 31, 2002, effective Jan. 1, 2003.)

MARYLAND RULES TITLE 11. JUVENILE CAUSES Md. Rule 11-119 (2012) Rule 11-119. Disposition of property brought into court Property brought into court shall be returned to the owner, or otherwise disposed of as the court may direct. HISTORY: (Amended Nov. 5, 1976, effective Jan. 1, 1977; June 5, 1996, effective Jan. 1, 1997.) MARYLAND RULES TITLE 11. JUVENILE CAUSES Md. Rule 11-120 (2012) Rule 11-120. Final order of termination A final order of termination of the proceedings may, in the court's discretion, be entered on the court's own motion at any time after the court's jurisdiction over the respondent is terminated, or upon the recommendation of the appropriate governmental or social agency exercising supervision over the respondent. HISTORY: (Amended Nov. 5, 1976, effective Jan. 1, 1977; June 5, 1996, effective Jan. 1, 1997.) MARYLAND RULES TITLE 11. JUVENILE CAUSES Md. Rule 11-121 (2012) Rule 11-121. Court records -- Confidentiality a. Sealing of records. Files and records of the court in juvenile proceedings, including the docket entries and indices, are confidential and shall not be open to inspection except by order of the court or as otherwise expressly provided by law. On termination of the court's juvenile jurisdiction, the files and records shall be sealed pursuant to Section 3-828 (c) of the Courts Article, and all index references shall be marked "sealed." If a hearing is open to the public pursuant to Code, Courts Article, 3-812, the name of the respondent and the date, time, and location of the hearing are not confidential. b. Unsealing of records. Sealed files and records of the court in juvenile proceedings may be unsealed and inspected only by order of the court.

HISTORY: (Amended Nov. 5, 1976, effective Jan. 1, 1977; June 5, 1996, effective Jan. 1, 1997; June 8, 1998, effective October 1, 1998.) MARYLAND RULES TITLE 11. JUVENILE CAUSES Md. Rule 11-122 (2012) Rule 11-122. Intervention a. Of right. Upon timely application, any parent not served with original process shall be permitted to intervene for any purpose. Cross references. -- Rule 11-101 b 4. b. Permissive. Upon timely application, any person, other than a parent, seeking custody or guardianship of the respondent child may be permitted to intervene for dispositional purposes only, including the filing of a petition to review, modify or vacate a disposition order. Any person permitted to intervene pursuant to this section shall not be deemed a "party" for the purposes of Rule 11-106, and for the purposes of Rule 11-105, counsel for the intervenor, upon request, shall only be entitled to be furnished copies of such studies and reports as directly relate to the intervenor's petition for custody or guardianship of the respondent child. c. Procedure. 1. Motion. An application to intervene shall be made by motion. If the applicant claims a right of intervention under section a of this Rule, the motion shall be accompanied by an affidavit showing that the applicant is a parent of the respondent child. 2. Leave of court. Leave to intervene shall be granted only by court order. When intervention is pursuant to section b of this Rule the order shall designate the intervenor as a defendant for dispositional purposes only. 3. Service. A copy of the motion, the affidavit, any order thereon, and any pleading filed by the intervenor shall be served as provided by Rule 1-321. HISTORY: (Added Nov. 8, 1982, effective Jan. 1, 1983; amended Apr. 6, 1984, effective July 1, 1984; June 5, 1996, effective Jan. 1, 1997.) MARYLAND RULES TITLE 11. JUVENILE CAUSES Md. Rule 11-501 (2012) Rule 11-501. Termination of parental rights and related adoption proceedings in the juvenile court (a) Applicability of Rule. This Rule applies to actions in which the juvenile court is exercising

jurisdiction pursuant to Code, Courts Article, 3-804 (a) (2). (b) Definition. The word "guardianship" as used in this Rule has the meaning stated in Code, Family Law Article, 5-301. (c) Applicability of Titles 1, 2, 5, and 9. The Rules in Titles 1, 2, and 5 and Chapter 100 of Title 9 apply to actions under this Rule, except as otherwise provided by law or ordered by the court. (d) Petition. A proceeding for adoption or guardianship shall be initiated by the filing of a petition in a new action, separate from any other proceedings involving the child who is the subject of the adoption or guardianship proceeding. In addition to complying with the requirements of Rule 9103, the petition shall state the basis for the juvenile court's jurisdiction and the name of the court and case number of the proceeding in which the child was adjudicated a child in need of assistance. (e) Consolidation. A proceeding for adoption or guardianship may be consolidated with, or severed from, any other case pending in the juvenile court involving the child who is the subject of the proceeding, as justice may require. (f) Hearing -- Before whom held. All hearings conducted pursuant to this Rule shall be held before a judge. (g) Judgments of adoption -- Recording and indexing. The clerk shall record and index each judgment of adoption entered by the juvenile court on or after October 1, 1996 in the adoption records of the circuit court for the county where the judgment was entered. HISTORY: (Amended June 10, 1997, effective July 1, 1997.) MARYLAND RULES TITLE 11. JUVENILE CAUSES Md. Rule 11-601 (2012) Rule 11-601. Expungement of criminal charges transferred to the juvenile court (a) Procedure. A petition for expungement of records may be filed by a respondent who is eligible under Code, Criminal Procedure Article, 10-106 to request expungement. Proceedings for expungement shall be in accordance with Title 4, Chapter 500 of these Rules, except that the petition shall be filed in the juvenile court and shall be substantially in the form set forth in section (b) of this Rule. (b) Form of petition. A petition for expungement of records under this Rule shall be substantially in the following form: (Caption) PETITION FOR EXPUNGEMENT OF RECORDS

(Code*, Criminal Procedure Article, 10-106) 1. On or about arrested by an officer of the (Law Enforcement Agency) at , Maryland, as a result of the following incident . 2. I was charged with the offense of . 3. The charge was transferred to the juvenile court under former Code*, Article 27, 594A or Code*, Criminal Procedure Article, 4-202 and (check one of the following boxes): [] No petition under Code*, Courts Article, 3-810 was filed; [] The decision on the juvenile petition was a finding of facts-not-sustained; or [] I was adjudicated delinquent and I am now at least 21 years of age. WHEREFORE, I request the Court to enter an Order for Expungement of all police and court records pertaining to the above arrest, detention, confinement, and charges. I solemnly affirm under the penalties of perjury that the contents of this Petition are true to the best of my knowledge, information and belief, and that the charge to which this Petition relates was not made for any nonincarcerable violation of the Vehicle Laws of the State of Maryland, or any traffic law, ordinance, or regulation, nor is it part of a unit the expungement of which is precluded under Code*, Criminal Procedure Article, 10-107. , I was

(Date)

Signature

(Address)

(Telephone No.) * References to "Code" in this Petition are to the Annotated Code of Maryland. HISTORY: (Added June 8, 1998, effective Oct. 1, 1998; amended Jan. 20, 1999, effective July 1, 1999; Jan. 8, 2002, effective Feb. 1, 2002.) MARYLAND RULES TITLE 12. PROPERTY ACTIONS CHAPTER 100. GENERAL PROVISIONS Md. Rule 12-101 (2012) Rule 12-101. Writ of survey (a) Availability. On motion of a party in an action involving real property, the court may issue a writ of survey if it finds that a plat is necessary for illustration or that one of the following matters is in dispute: (1) the location of the property in dispute; (2) the location or extent of any property claimed to be damaged; or (3) the location of a dividing line if the parties are claiming under the same title. The motion shall contain a description sufficient to locate the property that is the subject of the claim. The court may condition issuance of the writ on the deposit by the moving party of the estimated cost of executing the writ. (b) Survey. A writ of survey shall be issued to a surveyor designated by the court. The surveyor shall survey the property in accordance with the writ. (c) Plat. The surveyor shall file the original and three copies of each plat with the clerk. Upon receiving payment of reasonable charges, the surveyor shall furnish a copy to any party. MARYLAND RULES TITLE 12. PROPERTY ACTIONS CHAPTER 100. GENERAL PROVISIONS Md. Rule 12-102 (2012) Rule 12-102. Lis pendens (a) Scope. This Rule applies to an action filed in a circuit court or in the United States District Court for the District of Maryland that affects title to or a leasehold interest in real property located in this State.

(b) Creation -- Constructive notice. In an action to which the doctrine of lis pendens applies, the filing of the complaint is constructive notice of the lis pendens as to real property in the county in which the complaint is filed. In any other county, there is constructive notice only after the party seeking the lis pendens files either a certified copy of the complaint or a notice giving rise to the lis pendens, with the clerk in the other county. (c) Termination. (1) While action is pending. On motion of a person in interest and for good cause, the court in the county in which the action is pending may enter an order terminating the lis pendens in that county or any other county in which the lis pendens has been created. (2) Upon conclusion of action. If (A) the action is dismissed, or (B) judgment is entered in favor of the defendant and a timely appeal is not taken or the judgment is affirmed on appeal, or (C) judgment in favor of the plaintiff is reversed on appeal, vacated, or satisfied, the plaintiff shall file a certified copy of the appropriate docket entry with the clerk in each county in which a certified copy of the complaint or notice was filed pursuant to section (b) of this Rule. If the plaintiff fails to comply with this subsection, the court with jurisdiction over the action, on motion of any person in interest and upon such notice as the court deems appropriate in the circumstances, may enter an order terminating the lis pendens. In the order terminating the lis pendens, the court shall direct the plaintiff to pay the costs and expenses incurred by the person obtaining the order, including reasonable attorney's fees, unless the court finds that the plaintiff had a reason justifying the failure to comply. (3) Duty of clerk. Upon entry of an order terminating a lis pendens, the clerk of the court of entry shall transmit a certified copy of the order to the clerk in any other county specified in the order. MARYLAND RULES TITLE 12. PROPERTY ACTIONS CHAPTER 100. GENERAL PROVISIONS Md. Rule 12-103 (2012) Rule 12-103. Action for release of lien instrument When a mortgage or deed of trust remains unreleased of record, the mortgagor, grantor, or a successor in interest entitled by law to a release may file a complaint for release of the lien instrument in any county where the lien instrument is recorded. The person bringing the action shall include as defendants all other parties to the instrument unless their interest has been assigned or transferred of record, and in that case their successors in interest. If the court orders the lien instrument released of record, the clerk shall record the release in the manner prescribed by law. HISTORY: (Amended Nov. 12, 2003, effective Jan. 10, 2004.)

MARYLAND RULES TITLE 12. PROPERTY ACTIONS CHAPTER 200. CONDEMNATION Md. Rule 12-201 (2012) Rule 12-201. Applicability The rules in this Chapter govern actions for acquisition of property by condemnation under the power of eminent domain.

MARYLAND RULES TITLE 12. PROPERTY ACTIONS CHAPTER 200. CONDEMNATION Md. Rule 12-202 (2012) Rule 12-202. Venue An action for condemnation shall be brought in the county where the property sought to be condemned is located. If the property lies in more than one county, the action for condemnation may be brought in any county where a part of the property lies. The court in which proceedings are first brought shall have jurisdiction over the entire property. MARYLAND RULES TITLE 12. PROPERTY ACTIONS CHAPTER 200. CONDEMNATION Md. Rule 12-203 (2012) Rule 12-203. Required parties defendant An action for condemnation shall be brought against all persons, known or unknown, whose interest in the property is sought to be condemned. MARYLAND RULES TITLE 12. PROPERTY ACTIONS CHAPTER 200. CONDEMNATION Md. Rule 12-204 (2012) Rule 12-204. Acquisition of cemetery (a) Notice by publication before filing complaint. Before filing a complaint for condemnation of property used as a cemetery, the plaintiff shall give notice by publication in a newspaper of general

circulation in each county where any part of the property is located. (b) Contents of notice. The notice shall contain the following information: (1) the name of the plaintiff, (2) an identification of the cemetery and a description of the part that is sought to be condemned, (3) the purpose for which the property is sought to be condemned, and (4) the name of the court in which the complaint is to be filed. (c) Time of publication. The notice shall be published at least once a week for three successive weeks, and the last publication shall be made at least seven days before the filing of a complaint. (d) Proof of publication. The plaintiff shall file a certificate of publication as an exhibit to the original complaint. (e) Effect of failure to publish. If it appears to the court at any time before entry of judgment that there has been a failure to comply with the provisions of this Rule, the court shall suspend further proceedings in the action until publication is made and may order any other means of notice that it deems appropriate in the circumstances. No objection based on failure to comply with this Rule shall be made after final judgment.

MARYLAND RULES TITLE 12. PROPERTY ACTIONS CHAPTER 200. CONDEMNATION Md. Rule 12-205 (2012) Rule 12-205. Complaint An action for condemnation shall be commenced by filing a complaint complying with Rules 2303 through 2-305 and containing: (a) The names of all persons whose interest in the property is sought to be condemned. If any person is a nonresident or not known, that fact shall be stated. If any person is the unknown heir of a decedent, that person shall be described as the unknown heir of , deceased. (b) A description of the property sought to be condemned. If the subject matter of the action is real property, the description shall be: (1) by lot and block or square when an entire lot, block, or square shown on a subdivision map, plat, or record is sought to be condemned, or

(2) by metes and bounds when an entire tract is sought to be condemned, or (3) by metes and bounds clearly and legibly set forth on a plat showing the area and stating the amount of land sought to be condemned. The plat shall set forth the beginning point for the description, referenced to an existing marker, call, monument, or point outside the area sought to be condemned, in a recorded deed or plat identified by liber and folio. The deed or plat shall be in the chain of title of the property sought to be condemned, but if no marker, call, monument, or point can be found in the chain of title, reference may be made to the chain of title of adjoining property. (c) A statement of the nature of the interest that the plaintiff seeks to acquire by the proposed condemnation. (d) A statement of the purpose for which the property is sought to be condemned. (e) A statement that there is a public necessity for the proposed condemnation. (f) A statement that the parties are unable to agree or that a defendant is unable to agree because that defendant is unknown or under legal disability. (g) A statement of the amount of any money paid into court and the date of the payment. (h) A statement of the date of taking if a taking has occurred. (i) A request that the property be condemned. MARYLAND RULES TITLE 12. PROPERTY ACTIONS CHAPTER 200. CONDEMNATION Md. Rule 12-206 (2012) Rule 12-206. Discovery (a) Generally. Except as otherwise provided in this Rule, discovery in actions for condemnation shall be conducted pursuant to Chapter 400 of Title 2 of these Rules. (b) Experts not expected to be called at trial; fees and expenses. A party may obtain discovery of the identity, findings, and opinions of an expert, even though the expert is not expected to be called as a witness at trial, if the expert (1) was retained by another party in anticipation of litigation or preparation for trial and (2) has examined or appraised all or part of the property sought to be condemned for the purpose of determining its value or has prepared a report pertaining to its value. The court shall require the party seeking discovery to reimburse the other party for a fair portion of the fees and expenses reasonably incurred in obtaining findings and opinions from the expert.

MARYLAND RULES TITLE 12. PROPERTY ACTIONS CHAPTER 200. CONDEMNATION Md. Rule 12-207 (2012) Rule 12-207. Trial (a) Trial by jury unless otherwise elected. An action for condemnation shall be tried by a jury unless all parties file a written election submitting the case to the court for determination. All parties may file a written election submitting an issue of fact to the court for determination without submitting the whole action. Committee note. -- The issue of the plaintiff's right to condemn is a question of law for the court. Bouton v. Potomac Edison Co., 288 Md. 305 (1980). (b) Opening statement. Each party to the action may make an opening statement to the trier of fact. If the action for condemnation is not a "quick-take" pursuant to Maryland Constitution, Art. III, 40A-40C, the opening statement may be made before the trier of fact views the property sought to be condemned. A plaintiff may reserve the opening statement until after a view. A defendant may reserve the opening statement until after a view or until the conclusion of the evidence offered by the plaintiff. Cross references. -- See Bern-Shaw Limited Partnership v. Mayor and City Council of Baltimore, 377 Md. 277 (2003), which held that section (c) of this Rule does not apply to a "quick-take" condemnation proceeding. (c) View. Before the production of other evidence, the trier of fact shall view the property sought to be condemned unless the court accepts a written waiver filed by all parties or the condemnation is a "quick-take" proceeding. In a jury trial, each party shall inform the court, before the jury leaves for the view, of the name of the person to speak for that party at the view. Only one person shall represent all of the plaintiffs and only one person shall represent all of the defendants, unless the court orders otherwise for good cause. Only those persons shall be permitted to make any statement to the jury during the view, and the court shall so instruct the jury. These persons shall point out to the jury the property sought to be condemned, its boundaries, and any adjacent property of the owner claimed to be affected by the taking. They may also point out the physical features, before and after the taking, of the property taken and of any adjacent property of the owner claimed to be affected by the taking. The judge shall be present at and shall supervise the view unless the court accepts a written waiver filed by all parties. The parties, their attorneys, and other representatives may be present during a view. A jury shall be transported to and attend a view as a body under the charge of an officer of the court, and the expense of transporting the jury shall be assessed as costs. HISTORY: (Amended April 5, 2005, effective July 1, 2005.)

MARYLAND RULES TITLE 12. PROPERTY ACTIONS CHAPTER 200. CONDEMNATION Md. Rule 12-208 (2012) Rule 12-208. Inquisition -- Form and contents (a) Form and signature. The trier of fact shall render a verdict in the form of an inquisition signed by each member of the jury or, if the action is tried without a jury, by the judge hearing the action. (b) Description of property. The inquisition shall contain a description of the property condemned. If the property is real property, the description shall be in the form required by Rule 12-205 (b). (c) Nature of plaintiff's estate. The inquisition shall state the nature of the interest in the property acquired by the plaintiff. (d) Award of damages. The inquisition shall set forth the amount of any damages to which each defendant or class of defendants is entitled or, if the court so orders, the total amount of damages awarded, or both. (e) Other matters. The inquisition shall contain findings on any other issues submitted by the court to the trier of fact for special findings. HISTORY: (Amended Nov. 1, 2001, effective Jan. 1, 2002.) MARYLAND RULES TITLE 12. PROPERTY ACTIONS CHAPTER 200. CONDEMNATION Md. Rule 12-209 (2012) Rule 12-209. Judgment (a) Upon finding of right to condemn. If the court decides that the plaintiff is entitled to condemn, the court, upon the return of the inquisition, shall enter judgment for the plaintiff for the property condemned and for each defendant or class of defendants against the plaintiff for the amount of damages and costs awarded to each defendant or class of defendants. (b) Upon finding of no right to condemn. (1) After trial. If the court decides that the plaintiff is not entitled to condemn, the court shall enter judgment against the plaintiff and for each defendant or class of defendants for costs as provided in Code, Real Property Article, 12-106. (2) After appeal. If the final decision on appeal is that the plaintiff is not entitled to condemn, the

trial court shall award a reasonable attorney's fee to the defendant and assess the fee against the plaintiff together with the other costs of the action. Md. Rule 12-210 (2012) Rule 12-210. Acquisition of title and possession At any time after entry of a judgment for the plaintiff for the property condemned and awarding compensation to the defendant, the plaintiff may obtain possession of the condemned property by (1) paying to the defendant or to the clerk of the court for the use of the defendant the amount awarded the defendant and the costs as determined by the judgment and (2) if the defendant files a timely appeal and the plaintiff is a person other than the State or any of its subdivisions or instrumentalities, filing a bond in an amount and with a surety approved by the court. The bond shall be conditioned on the plaintiff paying the defendant, if the judgment is reversed on appeal, all damages the plaintiff causes the defendant by taking possession of and using the property before final determination of the appeal. MARYLAND RULES TITLE 12. PROPERTY ACTIONS CHAPTER 200. CONDEMNATION Md. Rule 12-211 (2012) Rule 12-211. Abandonment (a) Method. A plaintiff may abandon an action for condemnation only by filing a written election to abandon it. A copy of the election shall be served as provided in Rule 1-321 upon each defendant over whom the court has obtained personal jurisdiction, and as the court may direct upon each other defendant. (b) When not allowed. An action for condemnation may not be abandoned: (1) after taking has occurred; or (2) more than 120 days after the entry of judgment unless an appeal is taken; or (3) if an appeal was taken, more than 120 days after the receipt by the clerk of the lower court of a mandate of the Court of Special Appeals or, if the Court of Appeals assumes jurisdiction, of the Court of Appeals evidencing (A) the dismissal of the appeal by the Court, (B) the affirmance of the judgment, (C) the entry of judgment pursuant to Rule 8-604 (e), or (D) the modification of the judgment without the award of a new trial. For purposes of this subsection, an appeal taken by the plaintiff that is stricken pursuant to Rule 8-203 or voluntarily dismissed shall be treated as if not taken, and the time allowed for abandonment shall be determined in accordance with subsections (1) and (2) of this section. (c) Effect. The filing of the election shall reduce any money judgment entered in the civil action to a judgment for costs only, and the clerk shall make entries on the docket and judgment record necessary to reflect this effect. The filing of the election shall also annul any inquisition returned

and any judgment entered in the action, to the extent that the inquisition or judgment affects the title of any defendant to the property that was sought to be condemned, and the clerk of any court where the inquisition has been recorded among the land records shall make a notation in the land records, in the same manner in which a release of a lien instrument is recorded, that the action has been abandoned. (d) Recovery of expenses. Upon the abandonment of an action for condemnation, the defendant is entitled to recover from the plaintiff the reasonable legal, appraisal, and engineering fees actually incurred by the defendant because of the condemnation proceeding. If the parties agree on an amount, they shall file with the clerk statement of their agreement. If the parties cannot agree, the court shall determine the amount on motion of either party. The clerk shall enter the amount agreed upon or determined by the court as a part of the costs. MARYLAND RULES TITLE 12. PROPERTY ACTIONS CHAPTER 200. CONDEMNATION Md. Rule 12-212 (2012) Rule 12-212. Recording (a) Generally. Upon the entry of judgment for the plaintiff for the property condemned and the filing of a certification by the plaintiff that the award has been paid to the defendant or into court, the clerk shall record the inquisition among the land records of the county in the same manner in which deeds are recorded. If the judgment is reversed on appeal or otherwise vacated or modified, the clerk shall make a notation to that effect in the land records in the same manner in which a release of a lien instrument is recorded, and if the judgment and inquisition have been recorded in any other county, the clerk shall give notice in the manner provided by Rule 2-622 (b). (b) Recording inquisition in other county. Upon the entry of judgment in an action for condemnation of real or leasehold property located in more than one county, the plaintiff shall file with the clerk of the circuit court of each other county in which any part of the property is located a certified copy of the judgment, the docket entries, the complaint, and the inquisition. The clerk shall promptly record and index these documents in accordance with Rule 2-623.
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MARYLAND RULES TITLE 12. PROPERTY ACTIONS CHAPTER 200. CONDEMNATION Md. Rule 12-213 (2012) Rule 12-213. Board of property review procedure (a) Scope. This Rule applies to all actions under Code, Transportation Article, Title 8, Subtitle 3 that are certified to a board of property review. Cross references. -- The property review board procedure applies to acquisitions by condemnation by the State Roads Commission under Code, Transportation Article, Title 8, Subtitle 3.

(b) Plats and maps. In addition to any other requirements, plats and maps that are to be filed with the clerk of the court in proceedings subject to this Rule shall (1) state the amount of land sought to be taken, (2) refer to an existing permanent marker or monument outside the land sought to be taken from each owner, and (3) define and show the land sought to be taken from each owner so that its area may be computed with substantial accuracy from the plat or map. Cross references. -- See Code, Transportation Article, 8-321. (c) Certificate to board. (1) Filing. No later than six calendar months after the plats or maps referred to in section (b) of this Rule have been filed with the clerk of court as provided by law, a party may have the action referred to the board by filing a written notice to that effect with the clerk of the court. (2) Duty of clerk. Upon the filing of the notice, the clerk shall certify the action promptly to the board by sending all pleadings and exhibits and a certified copy of the docket entries to the chairman of the board. (d) Hearing. (1) Date. The board shall hear the action promptly but in no event later than three months after the filing of the notice of referral. Priority shall be given to an action involving a residence or commercial building. (2) Notice. The board shall give each party at least ten days written notice of the date, time, and place of the hearing. (3) Conduct -- In general. The hearing may be conducted in an informal manner, and the board is not bound by the rules of evidence or procedure, except as provided in this Rule. (4) Rights of parties. Each party has the right to be represented by counsel, to introduce evidence, to cross-examine, and to make oral argument upon the evidence. (5) View. Unless waived in writing by all parties, the board shall view the property in question before taking testimony. (6) Witnesses to be sworn. Witnesses shall be sworn by a member of the board or by some other person authorized to administer oaths. (e) Award. As soon as practicable but in no event more than 30 days after the conclusion of the hearing, the board shall file with the clerk of the court a written award that explains the basis of its decision. The board shall serve the award pursuant to Rule 1-321 and file proof of service pursuant to Rule 1-323. (f) Case unheard or undetermined. If the board has not heard the action within three months after

the filing of the notice of referral or if the board has not filed a copy of its award with the clerk of the court within 30 days after the conclusion of the hearing, any party may serve upon the chairman of the board a written request that the board relinquish jurisdiction of the action. Upon service of the request, the board shall return to the clerk of the court the pleadings and exhibits in the action, and the case shall proceed as if notice of dissatisfaction with an award of the board was given. (g) Dissatisfaction with award. (1) Notice -- Time. Within 30 days after the filing of the award of the board with the clerk of the court, any dissatisfied party may file written notice of dissatisfaction with the clerk of the court. (2) Plaintiff's duty to file complaint. Unless it has already done so, the condemning party shall file a complaint for condemnation within 30 days after the filing of notice of dissatisfaction. Except as provided in subsection (3) of this section, the action shall proceed thereafter as if the matter had never been certified to the board. (3) Extension of time to file description. For good cause, the court may extend the time for filing the description required to be filed with the complaint for a period, not to exceed 90 days from the date of the filing of the complaint for condemnation, as may be just. MARYLAND RULES TITLE 12. PROPERTY ACTIONS CHAPTER 300. MECHANICS' LIENS Md. Rule 12-301 (2012) Rule 12-301. Applicability -- Definitions (a) Applicability. The rules in this Chapter govern actions in which establishment and enforcement of a mechanics' lien are sought. (b) Definitions. In this Chapter, the following definitions apply: (1) Building. "Building" includes any unit of a nonresidential building that is leased or sold separately as a unit. (2) Contract. "Contract" means an agreement of any kind or nature, express or implied, for doing work or furnishing material, for or about a building that may give rise to a mechanics' lien. (3) Contractor. "Contractor" means a person who has a contract with an owner. (4) Land. "Land" means the interest in land to which a mechanics' lien extends or the interest in land within the boundaries established by proceedings in accordance with Rule 12-308. "Land" includes the improvements to the land. (5) Mechanics' lien or lien. "Mechanics' lien" or "lien" means a lien established pursuant to Code,

Real Property Article, 9-101 through 9-112. (6) Owner. "Owner" means the owner of record of the land except that, when the contractor executes the contract with a tenant for life or for years, "owner" means the tenant. (7) Subcontractor. "Subcontractor" means a person who has a contract with anyone except the owner or the owner's agent. MARYLAND RULES TITLE 12. PROPERTY ACTIONS CHAPTER 300. MECHANICS' LIENS Md. Rule 12-302 (2012) Rule 12-302. Commencement of action (a) How commenced. An action to establish a mechanics' lien shall be commenced by filing a complaint in the county where all or any part of the land to be subject to the lien is located. (b) Complaint. The complaint shall be under oath by the plaintiff or a person making oath on the plaintiff's behalf. It shall be accompanied by the original or sworn, certified, or photostatic copies of material papers that constitute the basis of the lien unless their absence is explained in the complaint. In addition to complying with Rules 2-303 through 2-305, the complaint shall set forth facts upon which the plaintiff claims entitlement to the lien in the amount specified and shall contain at least the following: (1) the name and address of the plaintiff; (2) the name and address of the owner; (3) the kind of work done or the kind and amount of materials furnished, the time when the work was done or the materials furnished, the name of the person for whom the work was done or to whom the materials were furnished, and the amount claimed to be due, less any credit recognized by the plaintiff, and if the lien is sought to be established against two or more buildings on separate lots or parcels of land owned by the same person, a designation of the amount claimed to be due on each building; Cross references. -- See Code, Real Property Article, 9-105 (a) (1) for the consequence of failing to make the designation required when multiple buildings on separate lots are involved. (4) a description of the land, including, if part of the land is located in another county, a statement to that effect, and a description adequate to identify the building; (5) if a building is not newly erected, a statement that it has been repaired, rebuilt, or improved to the extent of 15 percent of its value; and (6) if the plaintiff is a subcontractor, facts showing that the notice required under Code, Real

Property Article, 9-104 was properly mailed or served upon the owner or, if so authorized, posted on the building. (c) Defendants. The plaintiff shall bring an action to establish a mechanics' lien against the owner of the land against which the lien is sought to be established. The plaintiff may join, but is not required to join, any other person who has or may have an interest in the land and who may be entitled to share in the proceeds of a sale of the land. MARYLAND RULES TITLE 12. PROPERTY ACTIONS CHAPTER 300. MECHANICS' LIENS Md. Rule 12-303 (2012) Rule 12-303. Amendment Pleadings in an action to establish a mechanics' lien may be amended pursuant to Rule 2-341, except that after the expiration of the period within which notice of the lien claim must be given, or the complaint to establish the lien must be filed if notice is not required, no amendment shall be permitted that will increase the amount of the claim or materially alter the description of the land. MARYLAND RULES TITLE 12. PROPERTY ACTIONS CHAPTER 300. MECHANICS' LIENS Md. Rule 12-304 (2012) Rule 12-304. Proceedings (a) Court review. The court shall review the complaint and any exhibits and may require the plaintiff to supplement or explain any of the matters set forth in the complaint and exhibits. (b) Order. (1) Entry; contents. If the court determines that there is a reasonable ground for the lien to attach, it shall enter an order directing the defendant to file an answer under oath on or before a date indicated in the order, showing cause why a lien for the amount claimed should not attach to the land described in the complaint, provided that a copy of the order together with copies of the pleadings and exhibits filed shall have been served on the defendant by the deadline for service specified in the order. The order also shall (A) set a date for hearing no later than 45 days from the date of the order, (B) advise the defendant of the defendant's right to appear and present evidence at the hearing, and (C) warn the defendant that if the defendant fails to file a timely answer, the facts set forth in the plaintiff's complaint shall be deemed admitted and the hearing waived, and the court may enter an order establishing the lien. (2) Service. The order, together with copies of the pleadings and exhibits filed, shall be served on the defendant in the manner provided by Rule 2-121.

(c) Answer; failure to file deemed admission. A defendant may controvert any statement of fact in the plaintiff's complaint by filing an answer under oath. The failure to file an answer within the time allowed by the order shall constitute an admission for the purpose of the action of all statements of fact in the plaintiff's complaint, but shall not constitute an admission that the complaint is legally sufficient. (d) Hearing. If the defendant fails to answer within the time allowed by the order, the court may at any time thereafter, without hearing and without further notice to the defendant, enter an order in conformity with section (e) of this Rule. If the defendant files an answer in compliance with the order, a hearing shall be held as scheduled. (e) Relief granted. (1) Judgment if no genuine dispute. (A) If the pleadings and admissions on file and any evidence show that there is no genuine dispute as to any material fact and that the lien should attach as a matter of law, the court shall enter a judgment establishing the lien. If it appears that there is no genuine dispute as to a portion of the lien claim, the court shall enter an order establishing the validity of the lien as to that portion and the action shall proceed only on the disputed amount of the lien claim. (B) If the pleadings and admissions on file and any evidence show that there is no genuine dispute as to any material fact and that the plaintiff, as a matter of law, has failed to establish a right to a lien, a judgment shall be entered denying the lien. (2) Interlocutory order if probable cause. If the court determines from the pleadings and admissions on file and any evidence that a judgment under subsection (e)(1)(A) should not be entered, but that there is probable cause to believe the plaintiff is entitled to a lien, the court shall enter an interlocutory order that: (A) establishes a lien; (B) describes the land to which the lien attaches; (C) states the amount of the claim for which probable cause is found; (D) specifies the amount of a bond which may be filed by the defendant to have the land released from the lien; and (E) assigns a date within six months for a trial of all matters that may be necessary to adjudicate the establishment of the lien. The owner or any other person interested in the land may move at any time for modification or dissolution of the lien established by the interlocutory order.

(3) Probable cause not found. If no judgment or interlocutory order is entered under subsections (1) and (2), the court shall enter an order that the portion of the complaint seeking to establish the lien be dismissed unless the plaintiff, within 30 days thereafter, files a written request that the portion of the complaint seeking to establish the lien be assigned for trial. (4) Bond by plaintiff. In an interlocutory order entered under subsection (2) of this section, the court may require the plaintiff to file a bond in an amount that the court determines to be sufficient for damages, including reasonable attorney's fees. The lien shall not attach until any required bond is filed. (5) Trial. At the conclusion of the action a judgment shall be entered either continuing or terminating a lien established by an interlocutory order, or establishing or denying the lien. MARYLAND RULES TITLE 12. PROPERTY ACTIONS CHAPTER 300. MECHANICS' LIENS Md. Rule 12-305 (2012) Rule 12-305. Enforcement of lien (a) Time for filing motion to enforce. A plaintiff may not enforce a lien or execute on a bond given to obtain a release of the lien until the lien has been established by a judgment. To enforce a lien or to execute on any bond given to obtain a release of the lien, the plaintiff shall file a motion in the original action within one year after the date on which the complaint to establish the lien was filed. The motion to enforce may be included in the original complaint to establish the lien. (b) Order. An order granted pursuant to a motion to enforce shall direct that the land be sold unless the amount found to be due is paid on or before a date specified in the order, which shall be not more than 30 days after the date of the order. (c) Sale. The sale shall be conducted pursuant to Title 14, Chapter 300 of these rules. MARYLAND RULES TITLE 12. PROPERTY ACTIONS CHAPTER 300. MECHANICS' LIENS Md. Rule 12-306 (2012) Rule 12-306. Referral to auditor After a sale under Rule 12-305, the court shall refer the proceedings to an auditor pursuant to Rule 2-543 to state an account. MARYLAND RULES TITLE 12. PROPERTY ACTIONS CHAPTER 300. MECHANICS' LIENS

Md. Rule 12-307 (2012) Rule 12-307. Release of lien (a) Motion. At any time after a complaint to establish a mechanics' lien is filed, the owner of the land or any other person interested in the land may move to have the land released from any lien that has been established by court order or that may thereafter be established. (b) Bond; order. Unless a bond has previously been set pursuant to Rule 12-304, the court, after an opportunity for a hearing, shall determine the amount of bond sufficient to protect the plaintiff. Upon the filing of the bond in the amount set by the court, the court shall enter an order releasing the land from the lien. (c) Entry of satisfaction. (1) By plaintiff. If the amount of a mechanics' lien is paid or otherwise satisfied, the plaintiff or plaintiff's successor in interest, upon payment of costs, shall file promptly an order of satisfaction of the lien in every court where the lien is a matter of record. (2) Entry upon motion. If the plaintiff or plaintiff's successor in interest fails to file an order of satisfaction, the owner of the land or any other person interested therein may move for entry of an order of satisfaction pursuant to Rule 2-626. MARYLAND RULES TITLE 12. PROPERTY ACTIONS CHAPTER 300. MECHANICS' LIENS Md. Rule 12-307 (2012) Rule 12-307. Release of lien (a) Motion. At any time after a complaint to establish a mechanics' lien is filed, the owner of the land or any other person interested in the land may move to have the land released from any lien that has been established by court order or that may thereafter be established. (b) Bond; order. Unless a bond has previously been set pursuant to Rule 12-304, the court, after an opportunity for a hearing, shall determine the amount of bond sufficient to protect the plaintiff. Upon the filing of the bond in the amount set by the court, the court shall enter an order releasing the land from the lien. (c) Entry of satisfaction. (1) By plaintiff. If the amount of a mechanics' lien is paid or otherwise satisfied, the plaintiff or plaintiff's successor in interest, upon payment of costs, shall file promptly an order of satisfaction of the lien in every court where the lien is a matter of record.

(2) Entry upon motion. If the plaintiff or plaintiff's successor in interest fails to file an order of satisfaction, the owner of the land or any other person interested therein may move for entry of an order of satisfaction pursuant to Rule 2-626. MARYLAND RULES TITLE 12. PROPERTY ACTIONS CHAPTER 300. MECHANICS' LIENS Md. Rule 12-308 (2012) Rule 12-308. Designation of boundaries (a) Before commencement of construction. An owner of land who, before commencement of construction, desires to define the boundaries of the land in accordance with Code, Real Property Article, 9-103 (b) shall file a notice to establish boundaries in an ex parte proceeding in the county in which the property is located. The notice shall be captioned, filed, and indexed as any other civil action under the name of the owner of the land and shall contain: (1) a reference to the conveyance or other means by which the owner acquired title to the land; (2) a description of the newly established boundaries sufficient to identify the land with reasonable certainty; and (3) a brief description of the construction for which the boundaries are established. (b) After commencement of construction. (1) Motion. After the commencement of construction of any improvement upon land that might be subject to a claim for a mechanics' lien, the owner of the land or any other person interested in the land, including anyone who has or might assert a mechanics' lien against the land by reason of the construction, may file a motion in the circuit court for the county where the land is located requesting the court to designate the boundaries pursuant to this Rule and to issue a writ of survey for that purpose. If the person filing the motion is a party to a proceeding to establish or enforce the lien, the motion shall be filed in the first proceeding to which the person became a party. (2) Parties. A motion filed under this section shall be served on the owner of the land, each person who has moved for or established a mechanics' lien against the land, and any other person designated by the court in accordance with Rule 2-121, except that if the motion is filed in a pending proceeding, it shall be served in accordance with Rule 1-321. (3) Surveyor. The court shall issue a writ to a surveyor directing the surveyor to make a report to the court in which the surveyor shall determine and describe the boundaries of the land, including within the boundaries as much of the land as is necessary for the use of the improvement thereon for the purpose for which it is designated or reasonably adaptable.

(4) Action on report. A copy of the surveyor's report shall be furnished to the moving party and to each person required to be served under section (b)(2) of this Rule. Within 15 days thereafter any person to whom the surveyor's report is required to be furnished may file a motion requesting the court to determine boundaries other than those that the surveyor has reported. After a hearing on the motion or upon expiration of the 15 day period for filing a motion if no motion is filed, the court shall determine the boundaries or approve the surveyor's report for filing in the proceedings. MARYLAND RULES TITLE 12. PROPERTY ACTIONS CHAPTER 400. PARTITION Md. Rule 12-401 (2012) Rule 12-401. Partition or sale in lieu of partition (a) Scope. This Rule applies in any action where the relief sought is the partition of real or personal property or the sale of real or personal property in lieu of partition. Cross references. -- See Code, Real Property Article, 14-107. (b) Judgment for sale. (1) When permitted. When the relief sought is a sale in lieu of partition, the court shall order a sale only if it determines that the property cannot be divided without loss or injury to the parties interested. (2) Conduct of sale. The sale shall be conducted in the manner provided by Title 14, Chapter 300 of these rules. (c) Judgment for partition. (1) Appointment of commissioners. When the court orders a partition, unless all the parties expressly waive the appointment of commissioners, the court shall appoint not less than three nor more than five disinterested persons to serve as commissioners for the purpose of valuing and dividing the property. On request of the court, each party shall suggest disinterested persons willing to serve as commissioners. The order appointing the commissioners shall set the date on or before which the commissioners' report shall be filed. The commissioners shall make oath before a person authorized to administer an oath that they will faithfully perform the duties of their commission. If the appointment of commissioners is waived by the parties, the court shall value and divide the property. (2) Report of commissioners. Within the time prescribed by the order of appointment, the commissioners shall file a written report. At the time the report is filed the commissioners shall serve on each party pursuant to Rule 1-321 a copy of the report together with a notice of the times within which exceptions to the report may be filed.

(3) Exceptions to report. Within ten days after the filing of the report, a party may file exceptions with the clerk. Within that period or within three days after service of the first exceptions, whichever is later, any other party may file exceptions. Exceptions shall be in writing and shall set forth the asserted error with particularity. Any matter not specifically set forth in the exceptions is waived unless the court finds that justice requires otherwise. The court may decide the exceptions without a hearing, unless a request for a hearing is filed with the exceptions or by an opposing party within five days after service of the exceptions. (d) Costs. Payment of the compensation, fees, and costs of the commissioners may be included in the costs of the action and allocated among the parties as the court may direct. MARYLAND RULES TITLE 12. PROPERTY ACTIONS CHAPTER 500. REDEMPTION OF GROUND RENT Md. Rule 12-501 (2012) Rule 12-501. Redemption of ground rent vested in trustee without power of sale (a) Scope. This Rule applies to the redemption of a ground rent, whether reserved by lease or sublease, that is vested in a trustee without a power of sale. As used in this Rule, "trustee" includes a trustee under a will, deed, or other instrument, a life tenant, and the holder of a defeasible estate. (b) When action may be brought -- Venue -- Parties. When a ground rent that is or becomes redeemable is vested in a trustee without a power of sale, the owner of the leasehold or the trustee may file an action for redemption in the county where the land subject to the ground rent is located. The owner of the leasehold interest and the trustee are necessary parties. The plaintiff may join, but is not required to join, a remainderman or any other person who has or may have a beneficial interest in the land and who may be entitled to share in the redemption money. (c) Complaint -- Content. In addition to complying with Rules 2-303 through 2-305, the complaint shall be under oath and shall set forth: (1) the location and description of the land; (2) the date and place of record of the lease or sublease by which the reversion and rent were created; (3) the amount of the annual rent and the redemption price of the leasehold interest; (4) a statement that the owner of the leasehold desires to redeem the ground rent; and (5) a statement that the notice required by law or by the lease has been given by the owner of the leasehold interest. (d) Bond. Unless the trustee has previously given a bond that protects the redemption money or has

been excused from filing a bond by the instrument creating the trust, the trustee shall file a bond as prescribed by Rule 10-702. Upon deposit of the redemption money by the trustee in the manner provided by Rule 10-705, the bond shall be released regardless of the amount of the entire estate or the amount of the redemption money. (e) Order of conveyance -- Appointment of substitute trustee. The court may order the trustee to convey the reversion in the land to the owner of the leasehold interest upon payment of the sum of money for which the ground rent is redeemable together with the amount of annual rent accrued to the date of payment. If the trustee is the owner of the leasehold interest, the court may appoint a substitute trustee to receive the redemption money and execute the deed. (f) Accounting and investment by trustee. The trustee shall account promptly to the court for the redemption money received by the trustee. The court may order the redemption money invested for the purpose of holding it in place of the redeemed ground rent for the benefit of the persons entitled to the redeemed ground rent. (g) Costs. If the relief sought in the complaint is granted, the court costs of the action, including the expenses of obtaining a bond, shall be paid out of the money received for the redemption. Otherwise, the court shall allocate costs pursuant to Rule 2-603. MARYLAND RULES TITLE 12. PROPERTY ACTIONS CHAPTER 600. REPLEVIN AND DETINUE Md. Rule 12-601 (2012) Rule 12-601. Possession of personal property before judgment -- Replevin (a) Action in District Court. A person claiming the right to immediate possession of personal property may file an action under this Rule for possession before judgment. The action shall be filed in the District Court. (b) Defendant. The action shall be brought against the person who has possession of the property at the time the complaint is filed. A person who obtains possession after the complaint is filed shall be joined as a defendant. Cross references. -- Rule 3-211. (c) Complaint. In addition to complying with Rules 3-303 through 3-305, the complaint shall contain (1) a description of the property claimed and an allegation of its value, (2) an allegation that the defendant unjustly detains the property, (3) a claim for return of the property, and (4) any claim for damages to the property or for its detention. (d) Summons and notice.

(1) Upon the filing of the complaint, the clerk shall issue a summons as in other civil actions and a notice to the defendant. (2) The notice shall: (A) indicate the time within which the notice must be served; (B) advise the defendant that before trial on the complaint a hearing will be held to determine the right to possession before judgment, if the notice, the complaint, and any exhibits are served within the time prescribed in the notice; (C) indicate the date of the hearing on the right to possession before judgment, which may not be less than seven days after service of the notice on the defendant unless the court orders otherwise; (D) advise the defendant of the right to appear and present evidence at the hearing; and (E) warn the defendant that the court may grant the plaintiff's request for possession before judgment and direct the sheriff to place the plaintiff in possession of the property unless the defendant appears personally and shows cause why the property described in the complaint should not be immediately returned to the plaintiff. (e) Service. The notice shall be served with the summons and complaint and any exhibits. (f) Hearing. The hearing shall be held as scheduled and shall proceed ex parte if the defendant fails to appear in response to the notice. Cross references. -- See Code, Courts Article, 4-402 (e) (2) regarding the jurisdiction of the District Court to conduct the show cause hearing, to enforce any ancillary injunction, and to issue, renew, and receive returns on the writ of possession even if a jury trial is demanded. (g) Decision. If the court determines that the plaintiff is entitled to possession before judgment, the court shall order issuance of a writ directing the sheriff to place the plaintiff in possession of the property, provided that the plaintiff files a bond for the satisfaction of all costs and damages that may be awarded to the defendant or a claimant of the property by reason of the possession. The order shall prescribe the amount of and security for the bond. If the claimed property cannot be found and the writ is returned unexecuted, the plaintiff may request reissuance of the writ or may proceed pursuant to section (h) of this Rule. (h) Further proceedings pursuant to Rule 12-602. After the issue of the right to possession before judgment is determined, the action shall proceed as an action for recovery of property after judgment under Rule 12-602. If the value of the property remains at issue and that value and any damages claimed exceed the monetary jurisdiction of the District Court or a timely demand for jury trial has been filed, the clerk shall transmit the record to the circuit court in accordance with the procedures set forth in Rule 3-325.

MARYLAND RULES TITLE 12. PROPERTY ACTIONS CHAPTER 600. REPLEVIN AND DETINUE Md. Rule 12-602 (2012) Rule 12-602. Recovery of property or value after judgment -- Detinue (a) Action. (1) A person claiming the right to possession of personal property may file an action under this Rule. (2) The action: (A) shall be brought in the District Court if the value of the property and any damages claimed are within the exclusive jurisdiction of that court; (B) may be brought in either the District Court or a circuit court if the value of the property and any damages claimed are within the concurrent jurisdiction of those courts; and (C) shall be brought in the circuit court if the value of the property and any damages claimed exceed the monetary jurisdiction of the District Court. (3) If the plaintiff has brought an action under Rule 12-601, a separate action under this Rule shall not be brought. If required by Rule 2-326, a new complaint shall be filed in accordance with that Rule. (b) Defendant. The action shall be brought against the person who has possession of the property at the time the complaint is filed. A person who obtains possession after the complaint is filed shall be joined as a defendant. Cross references. -- Rules 2-211 and 3-211. (c) Complaint. In addition to complying with Rules 2-303 through 2-305 or 3-303 through 3-305, the complaint shall contain (1) a description of the property claimed and an allegation of its value, (2) an allegation that the defendant unjustly detains the property, (3) a claim for return of the property or payment of its value, and (4) any claim for damages to the property or for its detention. (d) Judgment. (1) For plaintiff. A judgment for the plaintiff shall award possession of the property or, in the alternative, payment of its value. The judgment shall separately set forth the value of the property and any amount awarded for damage to or detention of the property. Unless the court orders otherwise for good cause or the plaintiff agrees on the record to accept the value of the property as fixed by the judgment instead of return of the property, the plaintiff may enforce return of the

property pursuant to Rules 2-647 or 3-647. The plaintiff may also seek enforcement of any damages awarded pursuant to the rules contained in Chapter 600 of Title 2 or Title 3, as appropriate. (2) For defendant. If a judgment is entered for the defendant after the plaintiff has obtained immediate possession of the property pursuant to Rule 12-601, the court shall order return of the property to the defendant. On motion filed within 15 days after entry of the judgment, the court shall enter judgment for any damages sustained by the defendant by reason of the plaintiff's possession. MARYLAND RULES TITLE 12. PROPERTY ACTIONS CHAPTER 700. SEVERED MINERAL INTERESTS Md. Rule 12-701 (2012) Rule 12-701. Definitions In this Chapter, the terms "mineral," "mineral interest," "severed mineral interest," "surface estate," "surface owner," and "unknown or missing owner" have the meanings set forth in Code, Environment Article, 15-1201. A "dormant mineral interest" is a mineral interest that satisfies the criteria set forth in Code, Environment Article, 15-1203 (a)(2). HISTORY: (Added June 7, 2011, effective July 1, 2011.) MARYLAND RULES TITLE 12. PROPERTY ACTIONS CHAPTER 700. SEVERED MINERAL INTERESTS Md. Rule 12-702 (2012) Rule 12-702. Scope This Chapter does not apply to a mineral interest: (a) held by the United States or a Native American tribe, except to the extent permitted by federal law; or (b) held by the State or an agency or political subdivision of the State, except to the extent permitted by State law. HISTORY: (Added June 7, 2011, effective July 1, 2011.) MARYLAND RULES TITLE 12. PROPERTY ACTIONS CHAPTER 700. SEVERED MINERAL INTERESTS Md. Rule 12-703 (2012)

Rule 12-703. Trust for unknown or missing owner of severed mineral interest (a) Petition to Create Trust. (1) Generally. An owner in fee simple of a surface estate subject to a severed mineral interest that is vested, in whole or in part, in an unknown or missing owner may file a petition to place the mineral interest of the unknown or missing owner in trust. The petition shall be filed in the circuit court of any county in which the surface estate is located. Cross references. -- Code, Environment Article, 15-1201 through 15-1206. (2) Contents. The petition shall be captioned "In the Matter of ..." stating the location of the surface estate subject to the severed mineral interest. It shall be signed and verified by the petitioner and shall contain at least the following information: (A) the petitioner's name, address, and telephone number; (B) the name and address of all other surface owners; (C) the reason for seeking the assumption of jurisdiction by the court and a statement of the relief sought; (D) a legal description of the severed mineral interest; (E) the name, address, telephone number, and nature of the interest of all persons with a legal interest in the severed mineral interest, including any unknown or missing owners, and their heirs, successors, or assignees; (F) an affidavit of the petitioner stating that the identity or whereabouts of one or more owners are unknown and describing the reasonable efforts made in good faith to identify and locate each unknown or missing owner who is the subject of the petition; (G) the nature of the interest of the petitioner; (H) the nature and location of the surface estate subject to the severed mineral interest; and (I) an affidavit of the petitioner, affirming fee simple ownership of the surface estate and including a reference to each recorded document establishing such ownership. If any person whose name is required information under this subsection is unknown, that fact shall be stated. If any person is the unknown heir of a decedent, that person shall be described as the unknown heir of , deceased. (b) Service. The proceeding shall be deemed in rem or quasi in rem. A copy of the petition and attached documents shall be served on all persons with a legal interest in the severed mineral interest named in the petition and all surface owners who have not joined in the petition. Service on a person alleged to be unknown or missing shall be pursuant to Rule 2-122. Otherwise, service

shall be pursuant to Rule 2-121. (c) Hearing. The court shall hold a hearing on the petition. (d) Order Creating Trust. If the court finds that the title to a severed mineral interest is vested, in whole or in part, in an unknown or missing owner, the court may enter an order: (1) placing the severed mineral interest of the unknown or missing owner in trust; (2) appointing a trustee for the unknown or missing owner; (3) if it is likely that any revenue will accrue to the benefit of the unknown or missing owner, directing the trustee to create a separate trust bank account to manage all trust assets; and (4) authorizing the trustee to lease the mineral interest to the owner of the surface estate, subject to any conditions the court deems appropriate. Cross references. -- See Rule 1-324 concerning notice of the order sent by the clerk to the parties. (e) Administration of Trust. A trust created under this Rule shall be administered pursuant to Rules 10-702 to 10-712. (f) Termination of Trust. (1) Petition by Unknown or Missing Owner. (A) Generally. An unknown or missing owner whose interest in a severed mineral interest has been placed in trust, at any time prior to the filing of a petition under subsection (f)(2) or (f)(3) of this Rule, may file a petition to terminate the trust and convey the interest to the petitioner. The petition shall be signed and verified by the petitioner, filed in the court that created the trust, and name as respondents the trustee, each surface owner, and each other person with a legal interest in the minerals. (B) Contents. The petition shall be captioned "In the Matter of ..." and shall state: (i) the petitioner's name, address, e-mail address, if any, and telephone number; (ii) the name, address, e-mail address, if any, and telephone number of the trustee and each surface owner; (iii) the nature and extent of the petitioner's legal interest in the severed mineral interest in trust and include a reference to each recorded document establishing that interest and be accompanied by any unrecorded document establishing that interest; and (iv) whether, the petitioner has recorded or intends to record a notice of intent to preserve the mineral interest in accordance with Code, Environment Article, 15-1204.

(C) Service. The petition shall be served on each respondent in accordance with the provisions of Rule 1-321 (a). (D) Response. A respondent shall file a response to the petition within the time prescribed by Rule 2-321. (E) Hearing. Unless waived in writing by all parties, the court shall hold a hearing on the petition. (F) Order. If the court finds that the petitioner is the unknown or missing owner whose severed mineral interest was placed in the trust, that the petition is timely and in compliance with this Rule, and that the trust with respect to that mineral interest should be terminated, it shall enter an order (i) terminating the trust as to that mineral interest, (ii) directing the trustee to file a final accounting, convey the mineral interest to the petitioner, and distribute all proceeds in accordance with the accounting, as approved by the court, and (iii) assessing costs as it deems just under the circumstances. (2) Petition by Trustee. (A) Generally. If the unknown or missing owner of a vested severed mineral interest to whom notice of the petition or order was given does not contest or move to terminate a trust created under this Rule on or before five years after the date that the court issued the order creating the trust, the trustee shall file a petition to terminate the trust and to convey to the surface owner title to the severed mineral interest. The petition shall name as respondents each surface owner and each person with a legal interest in the minerals, including any unknown or missing owners of the severed mineral interest. (B) Contents. The petition shall be captioned "In the Matter of ..." stating the location of the surface estate subject to the severed mineral interest. It shall be signed and verified by the petitioner and shall contain at least the following information: (i) a legal description of the severed mineral interest; (ii) a description of the putative property interests of each party; (iii) the last known address of each party; (iv) an affidavit signed by each surface owner, affirming fee simple ownership of the surface estate and requesting the court to convey title to the severed mineral interest at issue; and (v) an affidavit signed by the petitioner, affirming that after conducting a diligent inquiry, including a search in each county where the severed mineral interest is located, performed in accordance with generally accepted standards of title examination of the land records of the county, the records of the register of wills of the county, and the records of the circuit court for the county, the trustee cannot locate the unknown or missing owner.

(C) Service. The petition shall be served on each respondent in accordance with the provisions of Rule 1-321. (D) Hearing. The court shall hold a hearing on the petition. (E) Order Terminating Trust. The court shall enter an order requiring the trustee to convey the unknown or missing owner's mineral interest to the named surface owner if (i) the petition was filed more than five years after entry of the order creating the trust, (ii) the unknown or missing owner does not appear to contest the petition, and (iii) the court finds that the person named in the petition as surface owner is in fact the fee simple owner of the surface estate. After receiving the final report of the trustee as required by Code, Environment Article, 15-1206, the court shall enter an order (a) terminating the trust as to that mineral interest, (b) directing the trustee to file a final accounting, convey the mineral interest to the surface owner, and distribute all proceeds in accordance with the accounting, as approved by the court, and (c) assessing costs as it deems just under the circumstances. Committee note. -- If the mineral interest is located in more than one county, conveyance by the trustee requires recordation in each county in which the surface estate is located. Cross references. -- See Rule 1-324 concerning notice of the order sent by the clerk to the parties. (3) Petition by Surface Owner or Other Interested Person. If the trustee does not file the petition within the time prescribed in subsection (f)(2) of this Rule, the surface owner or any person with a legal or beneficial interest in the severed mineral interest placed in trust may file a petition to direct the trustee to comply with subsection (f)(2) of this Rule or to appoint a substitute trustee to do so. The petition shall be served on the trustee in accordance with the provisions of Rule 2-121 and further proceedings shall be in accordance with subsection (f)(2) of this Rule. HISTORY: (Added June 7, 2011, effective July 1, 2011.) MARYLAND RULES TITLE 12. PROPERTY ACTIONS CHAPTER 700. SEVERED MINERAL INTERESTS Md. Rule 12-704 (2012) Rule 12-704. Termination of dormant mineral interest (a) Petition. (1) Generally. At any time after October 1, 2011, a surface owner of real property that is subject to a severed mineral interest may initiate an action to terminate a dormant mineral interest by filing a petition in the circuit court of any county in which the surface estate is located, but if a trust created under Rule 12-703 is in existence, then in the county where the trust was created. (2) Contents. The petition shall be captioned "In the Matter of ...," stating the location of each surface estate subject to the mineral interest. It shall be signed and verified by the petitioner and

shall contain at least the following information: (A) the petitioner's name, address, and telephone number; (B) the name and address of all other surface owners; (C) the reason for seeking the assumption of jurisdiction by the court and a statement of the relief sought; (D) a legal description of the severed mineral interest; (E) the name, address, telephone number, and nature of the interest of all interested persons, including each person who has previously recorded a notice of intent to preserve the mineral interest or a part of a mineral interest pursuant to Code, Environment Article, 15-1204; (F) the nature of the interest of the petitioner; (G) the nature and location of the surface estate or estates subject to a severed mineral interest; and (H) an affidavit signed by each surface owner affirming fee simple ownership of the surface estate, including a reference to each recorded document establishing such ownership. If any person whose name is required information under this subsection is unknown, that fact shall be stated. If any person is the unknown heir of a decedent, that person shall be described as the unknown heir of , deceased. Cross references. -- See Code, Environment Article, 15-1203 through 15-1205. (b) Service. The proceeding shall be deemed in rem or quasi in rem. A copy of the petition and attached documents shall be served on all persons with a legal interest in the severed mineral interest named in the petition and all surface owners who have not joined in the petition. Service on a person alleged to be unknown or missing shall be pursuant to Rule 2-122. Otherwise, service shall be pursuant to Rule 2-121. (c) Late Notice of Intent to Preserve Interest. Unless the mineral interest has been unused for a period of 40 years or more preceding the commencement of the action, the court shall permit the owner of the mineral interest to record a late notice of intent to preserve the mineral interest and dismiss the action, provided that the owner of the mineral interest pays the litigation expenses incurred by the surface owner of the real property that is subject to the mineral interest. Cross references. -- See Code, Environment Article, 15-1203 (c) for actions constituting use of an entire mineral interest (d) Hearing. The court, in its discretion, may hold a hearing on the petition. (e) Order. The court shall enter an order granting or denying the petition. An order terminating a

mineral interest shall describe each tract of the surface estate overlying the terminated mineral interest into which the mineral interest is merged, and shall describe the proportional shares, if any, of each surface owner in each tract. The clerk shall record a copy of the order of termination in the land records of each county in which the mineral interest is located. HISTORY: (Added June 7, 2011, effective July 1, 2011.) MARYLAND RULES TITLE 13. RECEIVERS AND ASSIGNEES CHAPTER 100. GENERAL PROVISIONS Md. Rule 13-101 (2012) Rule 13-101. Definitions In this Title the following definitions apply except as expressly otherwise provided or as necessary implication requires: (a) Assignee. "Assignee" means a person to whom a debtor has made a general assignment of property in trust for the benefit of creditors. (b) Court. "Court" means the court that has appointed a receiver or that has assumed jurisdiction over the estate of an assignee. (c) Debtor. "Debtor" means a person who has made a general assignment to an assignee or for whom a receiver has been appointed. (d) Estate. "Estate" means property assigned to an assignee or administered by a receiver. (e) Receiver. "Receiver" means a person, other than an assignee, appointed by a court to take charge of an estate that is within the scope of the rules in this Title. MARYLAND RULES TITLE 13. RECEIVERS AND ASSIGNEES CHAPTER 100. GENERAL PROVISIONS Md. Rule 13-102 (2012) Rule 13-102. Scope (a) Generally. Except as provided in section (b), the rules in this Title apply in the circuit court to the estate of: (1) an assignee; (2) a receiver appointed under the general equitable power of a court to take charge of an estate; (3) a receiver appointed under any statutory provision that specifically provides that these rules

apply to the proceeding; and (4) any other statutory receiver to the extent that (A) the rules in this Chapter are not inconsistent with the statutory provisions authorizing the appointment of the receiver, and (B) the court orders that the rules apply. (b) No application. The rules in this Title do not apply to the estate of: (1) a receiver appointed pursuant to the terms of a mortgage or deed of trust pending foreclosure who takes charge of only the property subject to that mortgage or deed of trust; (2) a receiver appointed pursuant to the terms of a security agreement who takes charge of only the property subject to that agreement; or (3) a person appointed for purposes of enforcement of health, housing, fire, building, electric, licenses and permits, plumbing, animal control, or zoning codes or for the purpose of abating a public nuisance. HISTORY: (Amended Dec. 16, 1999, effective Jan. 1, 2000; Dec. 4, 2007, effective Jan. 1, 2008.) MARYLAND RULES TITLE 13. RECEIVERS AND ASSIGNEES CHAPTER 100. GENERAL PROVISIONS Md. Rule 13-103 (2012) Rule 13-103. Applicability of other rules (a) Discovery. A receiver, an assignee, or any person in a contested matter may obtain discovery pursuant to Title 2, Chapter 400 of these Rules. Any other person having an interest in the estate may obtain discovery only upon order of court. (b) Title 2 rules. The Title 2 rules apply to proceedings under this Title except to the extent that a rule in this Title is inconsistent with a particular rule in Title 2 or the court determines that the application of a rule in Title 2 would be inappropriate. (c) Other rules. Except as otherwise specifically provided in this Title, the procedures for making a sale of property of the estate shall be governed by Title 14, Chapter 300 of these Rules. MARYLAND RULES TITLE 13. RECEIVERS AND ASSIGNEES CHAPTER 100. GENERAL PROVISIONS Md. Rule 13-104 (2012) Rule 13-104. Service

Unless otherwise specifically provided by the rules in this Title or ordered by the court, no paper required or permitted to be filed by a rule in this Title need be served on any person. MARYLAND RULES TITLE 13. RECEIVERS AND ASSIGNEES CHAPTER 100. GENERAL PROVISIONS Md. Rule 13-105 (2012) Rule 13-105. Eligibility to serve as receiver, assignee, or professional (a) Generally. Except as otherwise provided by law or by section (b) of this Rule, a person may not serve as a receiver or assignee, or as an attorney, accountant, appraiser, auctioneer, or other professional representing or assisting the receiver or assignee, if the person: (1) is a creditor or a holder of an equity security of the debtor; (2) is or was an investment banker for any outstanding security of the debtor; (3) has been, within three years before the date of the appointment of a receiver or the assumption of jurisdiction over the estate of an assignee, an investment banker for a security of the debtor, or an attorney for such an investment banker, in connection with the offer, sale, or issuance of a security of the debtor; (4) is or was, within two years before the date of the appointment of a receiver or the assumption of jurisdiction over the estate of an assignee, a director, an officer, or an employee of the debtor or of an investment banker specified in subsection (2) or (3) of this section, except that an employee of the debtor may serve as an assignee if the court finds that this is in the best interest of the estate and that there is no actual conflict of interest by reason of the employment; (5) has an interest materially adverse to the interest of any class of creditors or equity security holders by reason of any direct or indirect relationship to, connection with, or interest in the debtor or an investment banker specified in subsection (2) or (3) of this section, or for any other reason; (6) otherwise has or represents an interest adverse to the estate; (7) has, at any time within five years before the date of the appointment of a receiver or the assumption of jurisdiction over the estate of an assignee, represented or been employed by the debtor or any secured creditor as an attorney, accountant, appraiser, or other professional, if the court finds an actual conflict of interest by reason of the representation or employment; (8) is an "insider" as defined by 11 U.S.C. 101; or (9) represents or is employed by an unsecured creditor of the debtor and, on objection of a person in interest, the court finds an actual conflict of interest by reason of the representation or employment.

(b) Special counsel or accountant. An attorney or accountant who has represented or has been employed by the debtor is eligible to serve for a specified limited purpose if the employment is in the best interest of the estate and if the attorney or accountant does not represent or hold any interest materially adverse to the debtor or to the estate with respect to the purpose for which the attorney or accountant is to be employed. (c) Ineligibility no bar to assumption of jurisdiction. The court shall not refuse to assume jurisdiction over the estate of a debtor solely because it finds that the assignee is ineligible to serve under this Rule. After assuming jurisdiction, the court shall remove the ineligible assignee pursuant to Rule 13-701 and may take any action permitted or required by Rule 13-703. MARYLAND RULES TITLE 13. RECEIVERS AND ASSIGNEES CHAPTER 100. GENERAL PROVISIONS Md. Rule 13-106 (2012) Rule 13-106. Petition for assumption of jurisdiction over estate of an assignee (a) Venue. A petition requesting the court to assume jurisdiction over the estate of an assignee shall be filed in the county where the debtor resides, is employed, or maintains a place of business, or in any county where some part of the estate is located. (b) Contents of petition. A petition for the assumption of jurisdiction over the estate of an assignee shall be signed by the petitioner and shall contain at least the following information: (1) the name and address of the assignee; (2) a statement that an assignment for the benefit of creditors has been executed; (3) in the case of a corporation, a statement indicating that articles of transfer transferring assets to the assignee have been executed; (4) in the case of a corporation, a statement indicating that required corporate resolutions have been executed; and (5) the nature, approximate value, and location of the property comprising the estate, to the best of the petitioner's knowledge, information, and belief. (c) Exhibits to petition. The petitioner shall attach to the petition a copy of the following documents or shall explain in the petition their absence: (1) the executed assignment for the benefit of creditors; (2) in the case of a corporation, the executed articles of transfer and the executed corporate resolutions of the corporation; and

(3) the affidavit of an assignee, as required by Rule 13-302. MARYLAND RULES TITLE 13. RECEIVERS AND ASSIGNEES CHAPTER 100. GENERAL PROVISIONS Md. Rule 13-107 (2012) Rule 13-107. Bond (a) Duty to file. Before taking charge of an estate, a receiver shall file a bond in the court in which the receiver has been appointed and an assignee shall file a bond in the court in which a petition to assume jurisdiction of the estate has been filed. (b) Amount of bond. Notwithstanding any contrary provision in Rule 1-402, the amount of the bond shall be no greater than the net value of the property of the estate. In the event of a later sale of property by the receiver or assignee, the court shall evaluate the bond previously filed and may permit a decrease in the amount of the bond. (c) Motion to modify amount of bond; notice. If a motion to modify the amount of a bond is filed pursuant to Rule 1-402, notice shall be given to such persons as the court may direct. (d) Terms of bond. The bond shall be to the State of Maryland and shall be conditioned upon the faithful discharge of the duties of the receiver or assignee. (e) Payment of bond premium from estate. Unless the court orders otherwise, a receiver or assignee is entitled to pay and be allowed the cost of the premium out of the estate. MARYLAND RULES TITLE 13. RECEIVERS AND ASSIGNEES CHAPTER 200. NOTICE AND SCHEDULES Md. Rule 13-201 (2012) Rule 13-201. Publication of notice to creditors (a) Notice by receiver or assignee. Promptly but in no event later than 5 days after the court appoints a receiver or assumes jurisdiction over the estate of an assignee, the receiver or assignee shall file a form of Notice to Creditors with the clerk, who shall issue the Notice. The receiver or assignee shall cause the Notice to be published. (b) Form of notice. The Notice to Creditors shall be substantially in one of the following three forms, as applicable: [CAPTION] NOTICE TO CREDITORS

BY RECEIVER TO ALL PERSONS INTERESTED IN THE ESTATE OF DEBTOR Notice is given with respect to (Name in bold type) whose business address is , ,

and whose business is that this Court has appointed (Name in bold type) whose address is as Receiver. ,

, ,

All persons having claims against the Debtor should file them, under oath, with the Clerk of the Circuit Court at the address below not later than 120 days from the date this Notice was issued.

Date Notice Issued Court for

Clerk of the Circuit

(County or Baltimore City)

Address

Receiver

Attorney for Receiver

Address

Address

Telephone Number [CAPTION] NOTICE TO CREDITORS BY ASSIGNEE

Telephone Number

TO ALL PERSONS INTERESTED IN THE ESTATE OF DEBTOR Notice is given with respect to (Name in bold type) whose business address is ,

and whose business is

that the Debtor has executed an Assignment for the Benefit of Creditors and that , (Name in bold type) whose address is has been designated as Assignee. The deed of assignment [ ] does [ ] does not contain a provision requiring creditors to release their claims against the debtor as a condition to (1) sharing in the distribution under the deed or (2) being accorded a preferred status over other creditors. All persons having claims against the Debtor should file them, under oath, with the Clerk of the Circuit Court at the address below not later than 120 days from the date this Notice was issued.

Date Notice Issued Court for

Clerk of the Circuit

(County or Baltimore City)

Address

Assignee

Attorney for Assignee

Address

Address

Telephone Number [CAPTION] NOTICE TO CREDITORS OF BULK TRANSFER

Telephone Number

TO ALL PERSONS INTERESTED IN THE ESTATE OF BULK TRANSFEROR Notice is given with respect to (Name in bold type) whose business address is ,

and whose business is

that the Transferor has effected a bulk transfer of property to , transferee, whose

(Name in bold type) address is

and that (Name in bold type)

whose address is

has been appointed as Receiver pursuant to Code, Commercial Law Article, 6-106. All persons having claims against the Transferor should file them, under oath, with the Clerk of the Circuit Court at the address below not later than 120 days from the date this Notice was issued.

Date Notice Issued Court for

Clerk of the Circuit

(County or Baltimore City)

Address

Receiver

Attorney for Receiver

Address

Address

Telephone Number

Telephone Number

(c) Where published; frequency. A copy of the Notice to Creditors shall be published in a newspaper of general circulation in the county where the court is located. The Notice shall be

published at least once a week in each of three successive weeks, and the last publication shall occur not less than ninety days before the date specified in the Notice as the last day for filing claims. (d) Certificate of publication. On or before the last day for filing claims, the receiver or assignee shall file a certificate that publication has been made pursuant to this Rule. HISTORY: (Amended June 7, 2011, effective July 1, 2011.) MARYLAND RULES TITLE 13. RECEIVERS AND ASSIGNEES CHAPTER 200. NOTICE AND SCHEDULES Md. Rule 13-202 (2012) Rule 13-202. Mailing of notice to creditors (a) After appointment of receiver or assumption of jurisdiction. Within five days after the clerk issues the Notice to Creditors, the receiver or assignee shall send a copy of the Notice by first class mail, postage prepaid, to all known creditors of the debtor. The receiver or assignee shall file a certificate of mailing of the Notice within five days after the initial mailing. (b) After filing of schedule. Within five days after the expiration of the time for the debtor to file the schedule required by Rule 13-203, the receiver or assignee shall send a copy of the Notice by first class mail, postage prepaid, to all creditors shown on the schedule to whom the Notice was not sent pursuant to section (a) of this Rule. Not later than the last day for filing claims, the receiver or assignee shall file a certificate of mailing. (c) Later-discovered creditors. The receiver or assignee shall promptly send a copy of the Notice by first class mail, postage prepaid, to all creditors whose identity is discovered at any time after the schedule is filed or the expiration of the time for filing it. Not later than the last day for filing the final report and account, the receiver or assignee shall file a certificate of mailing. MARYLAND RULES TITLE 13. RECEIVERS AND ASSIGNEES CHAPTER 200. NOTICE AND SCHEDULES Md. Rule 13-203 (2012) Rule 13-203. Schedule (a) Preparation and filing by debtor. Within fifteen days after the court appoints a receiver or assumes jurisdiction over the estate of an assignee, the debtor shall prepare and file with the clerk a schedule of property and debts under oath. (b) Form of schedule. The debtor's schedule shall be in substantially the following form:

[CAPTION] SCHEDULE OF PROPERTY AND DEBTS Name of Debtor Residence Address

Occupation/Nature of Business Business Address

I solemnly affirm under the penalties of perjury that the contents of the attached schedule are true to the best of my knowledge, information, and belief.

Date

Signature of Debtor

A. Property of debtor. Amount of Estimated Lien or Market Value Encumbrance

Nature and Description

Location

B. Debts and taxes owed by debtor. Name and Security Whether Nature Amount address held by claim is of and due or of creditor creditor, contingent, consider- claimed

including taxing authority 1. Priority Claims A. Taxes B. Wages C. Other 2. Secured Creditors 3. General Unsecured Creditors C. Recent transfers.

if any unliquidate ation for d, or disputed the debt

1. Did the Debtor transfer or dispose of any property, other than in the ordinary course of business, to a spouse during the three years immediately preceding the making of the assignment for the benefit of creditors or the appointment of the receiver?

Yes No 2. Did the Debtor transfer or dispose of any property, other than in the ordinary course of business, to anyone other than a spouse during a period of one year immediately preceding the making of the assignment for the benefit of creditors or the appointment of the receiver?

Yes No 3. If the answer to either of the above questions is "Yes," give the following information as to each transfer or disposition: Transferee and Date of transfer relation to or disposition debtor, if any Consideration Description and disposition of property thereof

D. Property claimed as exempt (applies only to individuals).

Nature and description

Location

Basis for exemption

Estimated market value

(c) Preparation and filing by assignee or receiver. If the debtor fails to file the schedule within the required time, the receiver or assignee to the extent able to supply the information shall prepare and file a schedule containing the information required by section (b) of this Rule. The schedule shall be filed within thirty days after the debtor's required filing date. (d) Failure of receiver or assignee to file schedule. If a receiver or assignee who is required to file a schedule fails to do so within the required time, any person having an interest may file a report of the delinquency with the court. Upon the filing of a report or on its own initiative, the court may issue an order to the receiver or assignee to show cause in writing on or before a specified date why the receiver or assignee should not be compelled to file the schedule or be removed. Unless the court orders otherwise, the specified date shall be 20 days after the date prescribed for service in the order. The order shall also specify the persons to be served with the order, the method of service, and, if a hearing is scheduled when the order is issued, the date, time, and place of the hearing. Unless cause is shown or the schedule is filed, the court shall remove the receiver or assignee pursuant to Rule 13-701 and may take any action permitted or required by Rule 13-703. (e) Order compelling disclosure; sanction. The court at any time may order the debtor, an officer or director of the debtor, or any other person who may have information that is necessary for the completion of the schedule to appear before the court or before an examiner pursuant to Rule 2542 and to disclose the information. The debtor, an officer or director of a debtor, or other person who refuses to comply with an order compelling disclosure may be held in contempt pursuant to Title 15, Chapter 200 of these Rules. MARYLAND RULES TITLE 13. RECEIVERS AND ASSIGNEES CHAPTER 300. EMPLOYMENT OF PROFESSIONALS Md. Rule 13-301 (2012) Rule 13-301. Employment of attorney, accountant, appraiser, auctioneer, or other professional (a) Court approval required. A receiver or assignee shall not employ an attorney, accountant, appraiser, auctioneer, or other professional without prior approval of the court. With the court's prior approval, a receiver or assignee may serve as attorney or accountant for the estate. (b) Application; contents. An application requesting authority to employ an attorney, accountant, appraiser, auctioneer, or other professional shall be accompanied by the affidavit required by Rule 13-302 and shall set forth: (1) the necessity for the employment; and

(2) in the event the schedule required by Rule 13-203 has not been filed, the nature and approximate amount of the debtor's property and debts. (c) Prior approval of compensation in certain instances. If the application requesting authority to employ an attorney, accountant, appraiser, auctioneer, or other professional sets forth in reasonable detail the basis for the proposed compensation of the person to be employed, the court, by order, may authorize compensation to be paid without further order of court for work completed within stated limits. This section does not apply to a receiver or assignee who serves as attorney or accountant for the estate. MARYLAND RULES TITLE 13. RECEIVERS AND ASSIGNEES CHAPTER 300. EMPLOYMENT OF PROFESSIONALS Md. Rule 13-302 (2012) Rule 13-302. Disclosures by receiver, assignee, and professionals (a) Required disclosure by affidavit. A receiver or assignee and each attorney, accountant, appraiser, auctioneer, or other professional to be employed by the assignee or receiver shall file an affidavit that states the following: (1) whether the person has, within five years before the date of the appointment of a receiver or the assumption of jurisdiction over the estate of an assignee, represented or been employed by the debtor, an insider of the debtor as defined by 11 U.S.C. 101, any secured or unsecured creditor of the debtor, or an investment banker of the debtor, and the nature of the representation or employment; (2) if the debtor, insider, secured or unsecured creditor, or investment banker is a corporation, association, or partnership, whether the assignee, receiver, accountant, appraiser, auctioneer, or other professional had, within five years before the date of the appointment of a receiver or the assumption of jurisdiction over the estate of an assignee, any financial interest in the corporation, association, or partnership and the extent of the financial interest; and (3) that the person is not disqualified for any of the reasons set forth in Rule 13-105. (b) When filed. The affidavit shall be filed: (1) by an assignee, with the petition; (2) by a receiver, prior to assuming the duties of office; (3) by an attorney, accountant, appraiser, auctioneer, or other professional, with the application requesting authority to employ the person (c) Supplemental disclosure. A person who has filed an affidavit under this Rule and who learns

that the information in the affidavit is inaccurate or incomplete shall promptly file a supplemental affidavit. (d) Penalty for failure to disclose required information. In addition to any other remedies provided by law, the court, pursuant to Rule 13-701, may remove any person who fails to disclose any information required to be disclosed by this Rule and may take any action permitted or required by Rule 13-703. MARYLAND RULES TITLE 13. RECEIVERS AND ASSIGNEES CHAPTER 300. EMPLOYMENT OF PROFESSIONALS Md. Rule 13-303 (2012) Rule 13-303. Compensation and expenses for receiver, assignee, or professional (a) Application for allowance of compensation and expenses. Before a receiver, assignee, or any person performing services for the estate pursuant to Rule 13-301 is paid compensation or reimbursed for expenses not previously approved by the court, the receiver or assignee shall file with the court an application for the allowance of compensation and expenses. The application shall include: (1) the estimated gross amount of the estate; (2) the estimated total of the sums to be paid for liens, preferences, and costs of administration; (3) the estimated approximate sum for distribution among secured, priority, and unsecured creditors; (4) a detailed description of the services rendered, time expended, and expenses incurred; (5) the amount of compensation and expenses requested; (6) the amount of any compensation or expenses previously allowed by the court; (7) the amount of any compensation and expenses received from or to be paid by any source other than the estate; and (8) a detailed description of any agreement or understanding for a division of the compensation between the person rendering services and any other person except those specifically permitted to share in compensation by section (c) of this Rule. (b) Allowance. The court shall review the application and any evidence presented and shall determine the appropriate amount of compensation and expenses to be paid to the receiver, assignee, or person performing services for the receiver or assignee. In determining the amount, the court is not bound by any compensation or commission fixed in an assignment for the benefit of creditors or in any other agreement.

(c) Sharing of compensation. Without the express written approval of the court, a receiver, assignee, or person performing services for a receiver or assignee shall not, in any form or manner, share or agree to share compensation for services rendered with any person other than a partner, employer, or regular employee of the person rendering services. MARYLAND RULES TITLE 13. RECEIVERS AND ASSIGNEES CHAPTER 400. CLAIMS Md. Rule 13-401 (2012) Rule 13-401. Proof of claim (a) Filing. Any person who wishes to make a claim against the estate of a debtor shall file a verified proof of claim with the clerk. The proof of claim shall be filed within 120 days after the date the Notice to Creditors is issued by the clerk. (b) Form. A proof of claim shall be in substantially the following form with supporting documentation attached as indicated: [CAPTION] CLAIM AGAINST DEBTOR BY Name of Claimant

The claimant certifies that the debtor owes the claimant the sum of $ . The consideration or basis for the debt is The debt is: [ ] an unsecured claim in the amount of $ (attach statement of account, invoices, promissory notes, or other evidence of claim); or [ ] a secured claim in the amount of $ of security interest). (attach evidence of perfection .

The undersigned certifies, in accordance with the verification below, that the debtor is indebted to the claimant in the amount shown, that there is no security for the debt other than that stated above or in an attachment to this claim form, that no unmatured interest is included, and that the undersigned is authorized to make this claim. [ ] I solemnly affirm under the penalties of perjury and upon personal knowledge that the contents of the foregoing claim are true; or [ ] I solemnly affirm under the penalties of perjury that I am employed by the claimant firm as ; (insert title) that the claimant keeps regular books of account; that the keeping of these books is in my charge or under my supervision; that the entries in these books were made in the regular course of business; and that the entries show the facts set forth in this claim.

Name of Claimant claimant or

Signature of person authorized to make verifications on behalf of claimant

Name and Title of Person Signing Claim

Address

Date Instructions :

Telephone Number

If the claim is based upon an obligation owed jointly to two or more persons, any one of the joint creditors may verify the claim. If the claimant

is a corporation, association, or partnership, any officer, partner, or authorized agent may verify the claim. If the original and all copies of a written instrument securing a claim are lost or destroyed, the claimant must attach a statement explaining the circumstances of the loss or destruction. (c) Late filed claims. (1) Before reference to auditor. A proof of claim that is filed late but before any reference to an auditor for the stating of an account is entitled to the same consideration for distribution as a timely filed proof of claim. (2) After reference to auditor. A person who files a proof of claim after reference to an auditor is not entitled to participate in the next distribution unless the court on application of the claimant and for good cause shown orders otherwise. If the court permits participation, it may order the claimant to pay the cost of restating the account if the auditor must do so in whole or in part to include the claim. A proof of claim filed too late to be included in one or more auditor's accounts, if allowed, shall be included in any subsequent account, and the claimant is entitled to receive a distribution on the same basis as those already received by other creditors on prior accounts. The distribution shall be made before those creditors receive any further distribution. Thereafter, the claimant shall share with them in any future distributions. MARYLAND RULES TITLE 13. RECEIVERS AND ASSIGNEES CHAPTER 400. CLAIMS Md. Rule 13-402 (2012) Rule 13-402. Objections to claims An objection to a proof of claim may be filed at any time before final ratification of the auditor's account in which the claim is allowed. The grounds for the objection shall be stated with particularity. The objection shall be served pursuant to Rule 1-321 on the claimant and, unless the receiver or assignee is the objecting party, on the receiver or assignee. On request, the claimant or the objecting party is entitled to a hearing. MARYLAND RULES TITLE 13. RECEIVERS AND ASSIGNEES CHAPTER 400. CLAIMS Md. Rule 13-403 (2012) Rule 13-403. Compromise of claim or dispute (a) Application. A receiver or assignee may file an application requesting the court to authorize or ratify a compromise or settlement of any claim or matter relating to an estate. (b) Ratification. If satisfied that the action is in the best interest of the estate, the court may

authorize or ratify the proposed compromise or settlement and may impose any appropriate terms and conditions. MARYLAND RULES TITLE 13. RECEIVERS AND ASSIGNEES CHAPTER 500. REPORTS AND DISTRIBUTIONS Md. Rule 13-501 (2012) Rule 13-501. Reports (a) Annual and final report; filing. A receiver or assignee shall file an annual report under oath within 60 days after the end of the reporting period. The reporting period shall be (1) the year ending on the anniversary of the date upon which the court appointed the receiver or assumed jurisdiction over the estate; (2) upon notice to the trust clerk, any other one-year period chosen by the receiver or assignee, provided that the interval between the last report (or appointment or assumption of jurisdiction) and the report submitted shall not exceed one year; or (3) any other period ordered by the court. Before any interim or final distribution of the estate may be made, the receiver or assignee shall file a report for the period from the closing date of the last annual report until the proposed date on which the estate will be partially or fully distributed. (b) Form of report. A report shall be in substantially the following form: [CAPTION] REPORT OF RECEIVER OR ASSIGNEE

Name of Debtor Assignee Reporting Period , to

Name of Receiver or , .

(month) (day) (year) (month) (day) (year) 1. Summary of property held in fiduciary capacity at beginning of reporting period: Nature and Description of Property Estimated Market Value

2. Changes during the period covered by this report: A. A. Collections and Receipts, including interest and dividends received: Amount Date Description Received

Total Receipts $ B. Expenditures and distributions: Amount Date Description Paid

Total Payments $ C. Property sold or otherwise transferred: Court Order Consideration Date Description Reference Transferee Received

D. Property acquired: Court Order Consideration Date Description Reference Transferor Paid

3. Summary of property held in fiduciary capacity at end of reporting period: Estimated Market Nature and Description of Property Value

4. Proposed distribution (distribution reports only): Previous distributions were: Date Authorized by Court Amount of Distribution

Total distributions to date: The amount available for [ ] partial [ ] final distribution is $ .

If the proposed distribution is partial, the amount proposed to be retained in estate is $ . (Include in final reports only) All property of the estate has been accounted for and the undersigned knows of no debts incurred during the administration of the estate other than those which have been paid or which are reflected in this Report. (Include in all reports) I solemnly affirm under the penalties of perjury that the contents of this Report are true to the best of my knowledge, information, and belief. Date: Receiver/Assignee

Address

(c) Weekly report if conducting a business. For each calendar week during which the receiver or assignee conducts the business of the debtor, the receiver or assignee shall also file a report listing the receipts and disbursements in reasonable detail. The report shall be filed not later than the third day after the end of the weekly reporting period. (d) Further accountability. Nothing in this Rule shall be construed to abridge the power of the court to require a receiver or assignee to submit reports covering periods greater or lesser, or at times earlier or later, than those prescribed in this Rule or to require the submission of more detailed information than that which is prescribed in this Rule. (e) Failure to file reports; penalties. (1) Order. If a receiver or assignee fails to file a timely annual report, the trust clerk shall inform the court in writing, and the court shall issue an order to the receiver or assignee to show cause within 15 days why the receiver or assignee should not be removed. The order shall be served on the receiver or assignee and a copy sent to the surety on the bond of the receiver or assignee in accordance with Rule 13-701 (b). (2) Sanctions. If the receiver or assignee does not comply with the order by filing an answer and all overdue reports, the court may remove the receiver or assignee pursuant to Rule 13-701 and may take any action permitted or required by Rule 13-703. (f) Examination by trust clerk. (1) Examination of reports. The trust clerk shall examine all reports submitted pursuant to this Rule, except those referred to an auditor pursuant to Rule 13-502. The trust clerk shall determine whether all of the required information has been submitted and whether the amount of and surety on the bond of the receiver or assignee are sufficient to protect the estate. (2) Examination of property not required. Unless the court orders otherwise, the trust clerk need not examine the property of the estate. (3) Report and recommendation. The trust clerk shall (A) report any irregularities in the report to the court, (B) bring to the court's attention any other matter that the trust clerk considers appropriate, and (C) make any appropriate recommendation. HISTORY: (Amended May 9, 2000, effective July 1, 2000.) MARYLAND RULES TITLE 13. RECEIVERS AND ASSIGNEES CHAPTER 500. REPORTS AND DISTRIBUTIONS Md. Rule 13-502 (2012)

Rule 13-502. Referral to auditor (a) When required. The court shall refer to an auditor pursuant to Rule 2-543 all papers filed for the purpose of making a partial or final distribution of the estate. (b) Action by auditor. The auditor shall audit a final or interim distribution report filed pursuant to Rule 13-501 and shall state an account setting forth the distribution of the estate. (c) Notice by auditor. (1) To whom given. The auditor shall give notice by first class mail, postage prepaid, to the debtor, the receiver or assignee, and each creditor who has filed a claim in the proceedings that an auditor's account has been stated. (2) Contents. In addition to the requirements of Rule 2-543, the notice by the auditor shall contain the following information: (A) the total amount of property stated in the account; (B) the total amount of approved liens and priorities; (C) the total costs of administration, including as separate items the court costs and the compensation of the receiver, assignee, or person employed as a professional; (D) the amount available for distribution to general creditors; (E) the percentage of the creditor's claim to be paid; and (F) whether the distribution is final or partial. (d) Interim distribution. On application of the receiver, assignee, or other person in interest, the court may direct such partial distribution as may be safely made from the money in the hands of the receiver or assignee to those creditors whose claims are not in dispute, reserving sufficient assets to secure, after final settlement of all claims, a proportionate distribution among all creditors whose claims are finally allowed. MARYLAND RULES TITLE 13. RECEIVERS AND ASSIGNEES CHAPTER 500. REPORTS AND DISTRIBUTIONS Md. Rule 13-503 (2012) Rule 13-503. Distribution (a) Final ratification required. Until the final account has been audited pursuant to Rule 13-502 and finally ratified by the court, a final distribution shall not be made to creditors, the estate shall

not be closed, and any bond of the receiver or assignee shall not be released. (b) Payment. Promptly after final ratification of an auditor's account in which a distribution to creditors has been stated, the receiver or assignee shall make distribution as stated in the account. (c) Minimum Dividend. Unless the court orders otherwise, the assignee or receiver shall not distribute to a creditor a dividend in an amount less than $ 5.00, but shall treat the dividend as unclaimed funds under section (d) of this Rule. (d) Disposition of unclaimed distributions. The receiver or assignee shall pay into court any distributions that remain unclaimed for ninety days after final ratification of the auditor's final distribution account. The receiver or assignee shall file a list of the names and last known addresses of persons who have not claimed distributions, showing the amount of each person's distribution. The clerk shall issue a receipt for the payment, and the receipt shall release and discharge the receiver or assignee making the payment. Thereafter, the unclaimed distributions shall be subject to escheat as provided by law. HISTORY: (Amended April 5, 2005, effective July 1, 2005.) MARYLAND RULES TITLE 13. RECEIVERS AND ASSIGNEES CHAPTER 600. ABANDONMENT OF PROPERTY AND RECORDS Md. Rule 13-601 (2012) Rule 13-601. Abandonment of property and records (a) Abandonment of property. On application of a receiver, an assignee, or a creditor, the court may order the abandonment of any property of the debtor that is worthless, overburdened, or otherwise of inconsequential value and benefit to the estate. (b) Abandonment or destruction of books and records. (1) Application. After the final ratification of an auditor's account that provides for the final distribution of the estate, the receiver or assignee may apply to the court for permission to destroy, return to the debtor, or otherwise dispose of all or part of the books and records of the debtor or of the estate. (2) Notice to debtor and tax authorities. Notice of the application shall be given by first class mail, postage prepaid, to the Commissioner of Internal Revenue of the United States, the Comptroller of the Treasury of the State of Maryland, and the debtor at the debtor's last known address. If an objection is filed within 30 days after notice is given, the court shall hold a hearing. Committee note. -- This Rule does not address the consequences of destruction of books and records under state and federal revenue laws. (3) Order. For good cause shown, the court may authorize the receiver or assignee to destroy,

return to the debtor, or otherwise dispose of all or part of the books and records of the debtor or of the estate by or after a date fixed in the order.

MARYLAND RULES TITLE 13. RECEIVERS AND ASSIGNEES CHAPTER 700. REMOVAL AND RESIGNATION Md. Rule 13-701 (2012) Rule 13-701. Removal of assignee, receiver, or professional (a) On court's own initiative; by petition. The court or any person having an interest in the estate may initiate proceedings to remove a receiver, assignee, or any person employed as a professional by the receiver or assignee. The court may initiate removal proceedings by filing an order pursuant to section (b) of this Rule and shall state in the order the reasons for the proposed removal. An interested person may initiate removal proceedings by filing a petition that shall state the reasons for the requested removal and may include a request for the appointment of a successor receiver, assignee, or professional. (b) Show cause order; service. If removal proceedings are initiated, the court shall order the receiver, assignee, or professional to show cause why the receiver, assignee, or professional should not be removed or be subject to other sanctions. The order, together with a copy of any petition, shall be served pursuant to Rule 2-121 on the person sought to be removed or, if it is shown by affidavit that the whereabouts of the person sought to be removed are unknown and that reasonable efforts have been made in good faith to locate the person, the court may order service pursuant to Rule 2-122. Copies of the show cause order and any petition shall also be sent by first class mail, postage prepaid, to the surety on the bond of the receiver or assignee and to any other persons directed by the court. (c) Disposition. After a hearing and for cause, including ineligibility, the court may remove a receiver, assignee, or professional.

MARYLAND RULES TITLE 13. RECEIVERS AND ASSIGNEES CHAPTER 700. REMOVAL AND RESIGNATION Md. Rule 13-702 (2012) Rule 13-702. Resignation of receiver or assignee (a) Petition. A receiver may file a petition for permission to resign in the court in which the receiver was appointed. An assignee may file a petition to resign in the court in which a petition to

assume jurisdiction of the estate has been filed. The petition shall state the reasons for the proposed resignation and may include a request for the appointment of a successor receiver or assignee. (b) Report to be filed. The receiver or assignee shall file with the petition a report pursuant to Rule 13-501 for any period not covered in an annual report previously filed or, if no annual report has been filed, from the date the receiver or assignee took charge of the estate. (c) Notice. The receiver or assignee shall mail a copy of the petition by first class mail, postage prepaid, to those interested persons designated by the court. (d) Termination of appointment. The resignation of a receiver or assignee does not terminate the appointment until the resignation has been approved by the court. (e) Proceedings. The court may grant or deny the requested relief with or without a hearing. In an order granting the petition, the court may specify any conditions for the acceptance of the resignation that the nature of the case may require. HISTORY: (Amended March 9, 2010, effective July 1, 2010.) MARYLAND RULES TITLE 13. RECEIVERS AND ASSIGNEES CHAPTER 700. REMOVAL AND RESIGNATION Md. Rule 13-703 (2012) Rule 13-703. Appointment of successors; forfeiture of compensation When a receiver, assignee, or professional dies, resigns, or is removed, the court may appoint a successor on its own initiative or on the petition of any person having an interest. The court shall order that all appropriate papers, records, and property be turned over to the successor and may order that a removed or resigning receiver or assignee file any report required by Rule 13-501. The court may order the person removed to forfeit any future compensation and return any compensation for services previously rendered. MARYLAND RULES TITLE 14. SALES OF PROPERTY CHAPTER 100. GENERAL PROVISIONS Md. Rule 14-101 (2012) Rule 14-101. Location of public sale of interest in real property Unless the court orders otherwise, a public sale of an interest in real property conducted pursuant to the Rules in this Title shall (a) take place in the county in which the property is located and (b) if the property is located in more than one county, take place in the county in which the action is pending. The sale shall be conducted immediately outside the courthouse entrance, on the

property being sold, or at any other place ordered by the court. HISTORY: (Added Feb. 10, 2009, effective May 1, 2009.) MARYLAND RULES TITLE 14. SALES OF PROPERTY CHAPTER 100. GENERAL PROVISIONS Md. Rule 14-102 (2012) Rule 14-102. Judgment awarding possession (a) Motion. (1) If the purchaser of an interest in real property at a sale conducted pursuant to the Rules in this Title is entitled to possession and the person in actual possession fails or refuses to deliver possession, the purchaser or a successor in interest who claims the right of immediate possession may file a motion for judgment awarding possession of the property. (2) The motion shall state the legal and factual basis for the movant's claim of entitlement to possession. (3) If the movant's right to possession arises from a foreclosure sale of a dwelling or residential property, the motion shall include averments, based on a reasonable inquiry into the occupancy status of the property and made to the best of the movant's knowledge, information, and belief, establishing either that the person in actual possession is not a bona fide tenant having rights under the Federal Protecting Tenants at Foreclosure Act of 2009 (P.L. 111-22) or Code, Real Property Article,7-105.6 or, if the person in possession is such a bona fide tenant, that the notice required under these laws has been given and that the tenant has no further right to possession. If a notice pursuant to the Federal Act or Code, Real Property Article, 7-105.6 is required, the movant shall state the date the notice was given and attach a copy of the notice as an exhibit to the motion. Committee note. -- Unless the purchaser is a foreclosing lender or there is waste or other circumstance that requires prompt remediation, the purchaser ordinarily is not entitled to possession until the sale has been ratified and the purchaser has paid the full purchase price and received a deed to the property. See Legacy Funding v. Cohn, 396 Md. 511 (2007) and Empire v. Hardy, 386 Md. 628 (2005). The Federal Protecting Tenants at Foreclosure Act of 2009 (P.L. 111-22) requires that a purchaser at a foreclosure sale of a dwelling or residential property give a 90-day notice to a "bona fide tenant" before any eviction and precludes the eviction if the tenant has a "bona fide lease or tenancy," unless the new owner of the property will occupy the property as a primary residence. (b) Affidavit and notice. The motion shall be accompanied by: (1) an affidavit that states:

(A) the name of the person in actual possession, if known; (B) the actions taken to conduct a reasonable inquiry into the occupancy status of the property; (C) whether the person in actual possession was a party to the action that resulted in the sale or to the instrument that authorized the sale; (D) if the purchaser paid the full purchase price and received a deed to the property, the date the payment was made and the deed was received; and (E) if the purchaser has not paid the full purchase price or has not received a deed to the property, the factual basis for the purchaser's claim of entitlement to possession; and (2) if the person in actual possession was not a party to the action or instrument, a notice advising the person that any response to the motion must be filed within 30 days after being served or within any applicable longer time prescribed by Rule 2- 321 (b) for answering a complaint. A copy of Rule 2-321 (b) shall be attached to the notice. (c) No show cause order, summons, or other process. The court shall not issue a show cause order, summons, or other process by reason of the filing of a motion pursuant to this Rule. (d) Service and response. (1) On whom. The motion and all accompanying documents shall be served on the person in actual possession and on any other person affected by the motion. (2) Party to action or instrument. (A) If the person to be served was a party to the action that resulted in the sale or to the instrument that authorized the sale, the motion shall be served in accordance with Rule 1-321. (B) Any response shall be filed within the time set forth in Rule 2-311. (3) Not a party to action or instrument. (A) If the person to be served was not a party to the action that resulted in the sale or a party to the instrument that authorized the sale, the motion shall be served: (i) by personal delivery to the person or to a resident of suitable age and discretion at the dwelling house or usual place of abode of the person, or (ii) if on at least two different days a good faith effort was made to serve the person under subsection (d)(3)(A)(i) of this Rule but the service was not successful, by (a) mailing a copy of the motion by certified and first-class mail to the person at the address of the property and (b) posting in a conspicuous place on the property a copy of the motion, with the date of posting conspicuously written on the copy.

(B) Any response shall be filed within the time prescribed by sections (a) and (b) of Rule 2-321 for answering a complaint. If the person asserts that the motion should be denied because the person is a bona fide tenant having a right of possession under the Federal Protecting Tenants at Foreclosure Act of 2009 (P.L. 111-22), or Code, Real Property Article, 7-105.6, the response shall (i) state the legal and factual basis for the assertion and (ii) be accompanied by a copy of any bona fide lease or documents establishing the existence of such a lease or state why the lease or documents are not attached. (4) Judgment of possession. If a timely response to the motion is not filed and the court finds that the motion complies with the requirements of sections (a) and (b) of this Rule, the court may enter a judgment awarding possession. (e) Residential property; notice and affidavit. After entry of a judgment awarding possession of residential property as defined in Rule 14-202 (i), but before executing on the judgment, the purchaser shall: (1) send by first-class mail the notice required by Code, Real Property Article, 7-105.9 (d) addressed to "All Occupants" at the address of the property; and (2) file an affidavit that the notice was sent. HISTORY: (Added Feb. 10, 2009, effective May 1, 2009; amended June 16, 2009, effective June 17, 2009; amended June. 7, 2010, effective July 1, 2010.) MARYLAND RULES TITLE 14. SALES OF PROPERTY CHAPTER 200. FORECLOSURE OF LIEN INSTRUMENTS Md. Rule 14-201 (2012) Rule 14-201. Applicability; Other Remedies (a) Applicability. The Rules in this Chapter apply to foreclosures under lien instruments and statutory liens. (b) Not exclusive remedy; exception. The foreclosure procedure set forth in the Rules in this Chapter does not preclude other remedies available by law, except that the procedure is the sole remedy for the repossession of property sold under a land installment contract executed pursuant to Code, Real Property Article, Title 10, Subtitle 1 or its statutory predecessor. HISTORY: (Added Feb. 10, 2009, effective May 1, 2009.) MARYLAND RULES TITLE 14. SALES OF PROPERTY CHAPTER 200. FORECLOSURE OF LIEN INSTRUMENTS Md. Rule 14-202 (2012)

Rule 14-202. Definitions In the Rules in this Chapter, the following definitions apply except as expressly otherwise provided or as necessary implication requires: (a) Assent to a decree. "Assent to a decree" means a provision in a lien instrument assenting, in the event of a specified default, to the entry of an order for the sale of the property subject to the lien. (b) Borrower. "Borrower" means: (1) a mortgagor; (2) a grantor of a deed of trust; (3) any person liable for the debt secured by the lien; (4) a maker of a note secured by an indemnity deed of trust; (5) a purchaser under a land installment contract; (6) a person whose property is subject to a lien under Code, Real Property Article, Title 14, Subtitle 2 (Maryland Contract Lien Act); and (7) a leasehold tenant under a ground lease, as defined in Code, Real Property Article, 8-402.3 (a)(6). (c) Debt. "Debt" means a monetary obligation secured by a lien. (d) Final Loss Mitigation Affidavit. "Final loss mitigation affidavit" means an affidavit substantially in the form prescribed by regulation adopted by the Commissioner of Financial Regulation that: (1) is made by a person authorized to act on behalf of a secured party to a mortgage or deed of trust on residential property that is the subject of a foreclosure action; (2) certifies the completion of the final determination of loss mitigation analysis in connection with the mortgage or deed of trust or states why no loss mitigation analysis is required; and (3) if a loan modification or other loss mitigation was denied, provides an explanation for the denial. Committee note. -- The Committee believes that a final loss mitigation affidavit should be filed in every action seeking foreclosure of a lien on residential property, whether or not the property is owner-occupied. If the affiant has determined that the property is not owner-occupied residential property and, therefore, no loss mitigation analysis is required, the affiant should so state. See Rule

14-207(b)(7). The definition set forth in Code, Real Property Article, 7-105.1 is supplemented to include this requirement, and it is clarified to include the requirement that the form of affidavit be substantially in the form prescribed by regulation adopted by the Commissioner of Financial Regulation. Other modifications to the definition are stylistic only. If the property is owner-occupied residential property but the secured party, such as an individual purchase-money mortgagee, is not required to provide or participate in a loss mitigation program, the affiant should so state as an explanation for the denial of a loan modification or other loss mitigation. Cross references. -- See Chapter 485, Laws of 2010 (HB 472), Section 4 (3)(i) for the form of Final Loss Mitigation Affidavit required prior to the adoption of regulations by the Commissioner of Financial Regulation. (e) Foreclosure Mediation. "Foreclosure mediation" means a conference at which the parties in a foreclosure action, their attorneys, additional representatives of the parties, or a combination of those persons appear before an impartial individual to discuss the positions of the parties in an attempt to reach agreement on a loss mitigation program for the mortgagor or grantor. Committee note. -- This is the definition stated in Code, Real Property Article, 7-105.1 (a)(3). Code, Real Property Article, 7-105.1 (i), (j), (k), and (l) require that the foreclosure mediation be conducted by the Office of Administrative Hearings. (f) Lien. "Lien" means a statutory lien or a lien upon property created or authorized to be created by a lien instrument. (g) Lien instrument. "Lien instrument" means any instrument creating or authorizing the creation of a lien on property, including: (1) a mortgage; (2) a deed of trust; (3) a land installment contract, as defined in Code, Real Property Article 10-101(b); (4) a contract creating a lien pursuant to Code, Real Property Article, Title 14, Subtitle 2; (5) a deed or other instrument reserving a vendor's lien; or (6) an instrument creating or authorizing the creation of a lien in favor of a homeowners' association, a condominium council of unit owners, a property owners' association, or a community association. (h) Loss Mitigation Analysis. "Loss mitigation analysis" means an evaluation of the facts and circumstances of a loan secured by owner-occupied residential property to determine:

(1) whether a mortgagor or grantor qualifies for a loan modification; and (2) if there will be no loan modification, whether any other loss mitigation program may be made available to the mortgagor or grantor. (i) Loss Mitigation Program. "Loss mitigation program" means an option in connection with a loan secured by owner-occupied residential property that: (1) avoids foreclosure through a loan modification or other changes to existing loan terms that are intended to allow the mortgagor or grantor to stay in the property; (2) avoids foreclosure through a short sale, deed in lieu of foreclosure, or other alternative that is intended to simplify the relinquishment of ownership of the property by the mortgagor or grantor; or (3) lessens the harmful impact of foreclosure on the mortgagor or grantor. (j) Owner-Occupied Residential Property. "Owner-occupied residential property" means residential property in which at least one unit is occupied by an individual who has an ownership interest in the property and uses the property as the individual's primary residence. (k) Power of sale. "Power of sale" means a provision in a lien instrument authorizing, in the event of a specified default, a sale of the property subject to the lien. (l) Preliminary Loss Mitigation Affidavit. "Preliminary loss mitigation affidavit" means an affidavit substantially in the form prescribed by regulation adopted by the Commissioner of Financial Regulation that: (1) is made by a person authorized to act on behalf of a secured party to a mortgage or deed of trust on owner-occupied residential property that is the subject of a foreclosure action; (2) certifies the status of an incomplete loss mitigation analysis in connection with the mortgage or deed of trust; and (3) includes reasons why the loss mitigation analysis is incomplete. Cross references. -- See Chapter 485, Laws of 2010 (HB 472), Section 4 (3)(ii) for the form of Preliminary Loss Mitigation Affidavit required prior to the adoption of regulations by the Commissioner of Financial Regulation. (m) Property. "Property" means real and personal property of any kind located in this State, including a condominium unit and a time share unit. (n) Record owner. "Record owner" of property means a person who as of 30 days before the date of providing a required notice holds record title to the property or is the record holder of the rights of a purchaser under a land installment contract.

(o) Residential property. "Residential property" means real property with four or fewer single family dwelling units that are designed principally and are intended for human habitation. It includes an individual residential condominium unit within a larger structure or complex, regardless of the total number of individual units in that structure or complex. "Residential property" does not include a time share unit. Cross references. -- See Code, Real Property Article, 7-105.1(a). (p) Sale. "Sale" means a foreclosure sale. (q) Secured party. "Secured party" means any person who has an interest in property secured by a lien or any assignee or successor in interest to that person. The term includes: (1) a mortgagee; (2) the holder of a note secured by a deed of trust or indemnity deed of trust; (3) a vendor under a land installment contract or holding a vendor's lien; (4) a person holding a lien under Code, Real Property Article, Title 14, Subtitle 2; (5) a condominium council of unit owners; (6) a homeowners' association; (7) a property owners' or community association; and (8) a ground lease holder, as defined in Code, Real Property Article, 8-402.3 (a)(3). The term does not include a secured party under Code, Commercial Law Article, 9-102 (a)(3). (r) Statutory lien. "Statutory lien" means a lien on property created by a statute providing for foreclosure in the manner specified for the foreclosure of mortgages, including a lien created pursuant to Code, Real Property Article, 8-402.3(d). HISTORY: (Added Feb. 10, 2009, effective May 1, 2009; amended June 16, 2009, effective June 17, 2009; amended June. 7, 2010, effective July 1, 2010.) MARYLAND RULES TITLE 14. SALES OF PROPERTY CHAPTER 200. FORECLOSURE OF LIEN INSTRUMENTS Md. Rule 14-203 (2012) Rule 14-203. Venue and attachment of jurisdiction

(a) Venue. An action to foreclose a lien shall be filed in the county in which all or any part of the property subject to the lien is located. (b) Attachment of jurisdiction. The court's jurisdiction over the property subject to the lien attaches when an action to foreclose is filed. HISTORY: (Added Feb. 10, 2009, effective May 1, 2009.) MARYLAND RULES TITLE 14. SALES OF PROPERTY CHAPTER 200. FORECLOSURE OF LIEN INSTRUMENTS Md. Rule 14-204 (2012) Rule 14-204. Institution of action (a) Who may file. (1) Under power of sale. Subject to compliance with subsection (a)(3) of this Rule, any individual authorized to exercise a power of sale may institute an action to foreclose the lien. (2) Under assent to decree. A secured party may file an action to foreclose the lien under an assent to a decree, except that an action to foreclose a deed of trust shall be instituted by the beneficiary of the deed of trust, any trustee appointed in the deed, or any successor trustee. (3) Fractional owners of debt. Except when the lien instrument is a deed of trust, a power of sale may not be exercised, and the court may not enter an order for a sale under an assent to a decree, unless the power is exercised or application for an order is made or consented to by the holders of 25% or more of the entire debt due under the lien instrument. (b) Priority of actions. If more than one party is authorized under these Rules to file an action to foreclose a lien, the first such party to file an action acquires the exclusive right to foreclose. HISTORY: (Added Feb. 10, 2009, effective May 1, 2009.) MARYLAND RULES TITLE 14. SALES OF PROPERTY CHAPTER 200. FORECLOSURE OF LIEN INSTRUMENTS Md. Rule 14-205 (2012) Rule 14-205. Conditions precedent to the filing of an action (a) Generally. An action to foreclose may not be filed unless (1) the instrument creating or giving notice of the existence of the lien has been filed for record, and (2) there is a default that lawfully allows a sale.

Cross references. -- Code, Real Property Article, Title 14, Subtitle 2 (Maryland Contract Lien Act). (b) Foreclosure of liens on residential property. Unless otherwise ordered by the court pursuant to Rule 14-206, an action to foreclose a lien on residential property may not be filed until the later of (1) 90 days after a default for which the lien instrument lawfully allows a sale, or (2) 45 days after the notice of intent to foreclose required by Code, Real Property Article, 7-105.1(c), together with all items required by that section to accompany the notice, has been sent in the manner required by that section. Cross references. -- For the form of the notice and any other information that the Commissioner of Financial Regulation requires, see COMAR 09.03.12.01 et seq. (c) Land installment contract. (1) Notice. An action to foreclose a land installment contract on property other than residential property may not be filed until at least 30 days after the secured party has served written notice on the borrower, the record owner of the property, and, if different, the person in possession at the address of the property. The notice shall describe the default with particularity and state that foreclosure proceedings will be filed on or after a designated day, not less than 30 days after service of the notice, unless the default is cured prior to that day. (2) Method of service. The secured party shall serve the notice required by subsection (1) of this section by (A) certified and first-class mail to the last known address of the person or (B) personal delivery to the person or to a resident of suitable age and discretion at the dwelling house or usual place of abode of the person. HISTORY: (Added Feb. 10, 2008, effective May 1, 2009; amended June. 7, 2010, effective July 1, 2010.) MARYLAND RULES TITLE 14. SALES OF PROPERTY CHAPTER 200. FORECLOSURE OF LIEN INSTRUMENTS Md. Rule 14-206 (2012) Rule 14-206. Petition for immediate foreclosure against residential property (a) Right to file. A secured party may file a petition to be excused from the time and notice requirements of Code, Real Property Article, 7-105.1(b) and (c) and Rule 14-205(b) and for leave to file an action for immediate foreclosure of a lien against residential property if: (1) the debt secured by the lien instrument was obtained by fraud or deception; (2) no payments have ever been made on the debt; (3) the property subject to the lien has been destroyed; or

(4) the default occurred after all stays have been lifted in a bankruptcy proceeding. (b) Contents of petition. A petition filed under this Rule shall state with particularity the facts alleged in support of the petition and shall be under oath or supported by affidavit. (c) Notice to borrower and record owner. The secured party shall send by certified and first-class mail a copy of the petition and all papers attached to it to each borrower and record owner of the property at the person's last known address, and, if the person's last known address is not the address of the property, to the person at the address of the property. The mailing shall include a notice that the addressee may file a response to the petition within 10 days after the date of the mailing. Promptly after the mailing, the secured party shall file an affidavit that states with particularity how compliance with this section was accomplished, including the date on which the petition was mailed and the names and addresses of the persons to whom it was mailed. (d) Response. (1) Procedure. Within 10 days after the mailing pursuant to section (c) of this Rule, a borrower or record owner of the property may file a written response. The response shall state with particularity any defense to the petition and shall be under oath or supported by affidavit. A person who files a response shall serve a copy of the response and any supporting documents on the petitioner by first-class mail, and shall file proof of such service with the response. Cross references. -- See Rules 1-321(a) and 1-323. (2) Non-waiver if no timely response filed. A person's failure to file a timely response to the petition does not waive the person's right to raise any defense in the action to foreclose, including a defense based upon noncompliance with the time or notice requirements of Code, Real Property Article, 7-105.1(b) and (c). (e) Hearing. The court may not grant the petition without a hearing if a response presents a genuine dispute of material fact as to whether the petitioner is entitled to the relief requested. Otherwise, the court may grant or deny the petition without a hearing. (f) Filing of order to docket or complaint. An order to docket or complaint to foreclose shall be filed in the same action as the petition. HISTORY: (Added Feb. 10, 2009, effective May 1, 2009; amended June. 7, 2010, effective July 1, 2010.) MARYLAND RULES TITLE 14. SALES OF PROPERTY CHAPTER 200. FORECLOSURE OF LIEN INSTRUMENTS Md. Rule 14-207 (2012) Rule 14-207. Pleadings; service of certain affidavits, pleadings, and papers

(a) Pleadings allowed. (1) Power of sale. An action to foreclose a lien pursuant to a power of sale shall be commenced by filing an order to docket. No process shall issue. (2) Assent to a decree or lien instrument with no power of sale or assent to a decree. An action to foreclose a lien pursuant to an assent to a decree or pursuant to a lien instrument that contains neither a power of sale nor an assent to a decree shall be commenced by filing a complaint to foreclose. If the lien instrument contains an assent to a decree, no process shall issue. (3) Lien instrument with both a power of sale and assent to a decree. If a lien instrument contains both a power of sale and an assent to a decree, the lien may be foreclosed pursuant to either. (b) Exhibits. A complaint or order to docket shall include or be accompanied by: (1) a copy of the lien instrument supported by an affidavit that it is a true and accurate copy, or, in an action to foreclose a statutory lien, a copy of a notice of the existence of the lien supported by an affidavit that it is a true and accurate copy; Cross references. -- See Code, Real Property Article, 7-105.1 (d-1) concerning the contents of a lost note affidavit in an action to foreclose a lien on residential property. (2) an affidavit by the secured party, the plaintiff, or the agent or attorney of either that the plaintiff has the right to foreclose and a statement of the debt remaining due and payable; (3) a copy of any separate note or other debt instrument supported by an affidavit that it is a true and accurate copy and certifying ownership of the debt instrument; (4) a copy of any assignment of the lien instrument for purposes of foreclosure or deed of appointment of a substitute trustee supported by an affidavit that it is a true and accurate copy of the assignment or deed of appointment; (5) with respect to any defendant who is an individual, an affidavit in compliance with 521 of the Servicemembers Civil Relief Act, 50 U.S.C. app. 501 et seq.; (6) a statement as to whether the property is residential property and, if so, statements in boldface type as to whether (A) the property is owner-occupied residential property, if known, and (B) a final loss mitigation affidavit is attached; (7) if the property is residential property that is not owner-occupied residential property, a final loss mitigation affidavit to that effect; (8) in an action to foreclose a lien instrument on residential property, to the extent not produced in response to subsections (b)(1) through (b)(7) of this Rule, the information and items required by Code, Real Property Article, 7-105.1(d), except that (A) if the name and license number of the

mortgage originator and mortgage lender is not required in the notice of intent to foreclose, the information is not required in the order to docket or complaint to foreclose; and (B) if the mortgage loan is owned, securitized, insured, or guaranteed by the Federal National Mortgage Association, Federal Home Loan Mortgage Corporation, or Federal Housing Administration, or if the servicing agent is participating in the federal Making Home Affordable Modification Program (also known as "HAMP"), providing documentation as required by those programs satisfies the requirement to provide a description of the eligibility requirement for the applicable loss mitigation program; and Committee note. -- Subsection (b)(8) of this Rule does not require the filing of any information or items that are substantially similar to information or items provided in accordance with subsections (b)(1) through (b)(7). For example, if a copy of a deed of appointment of substitute trustee, supported by an affidavit that it is a true and accurate copy, is filed, it is not necessary to file the original or a clerk-certified copy of the deed of appointment. Cross references. -- For the required form and sequence of documents, see Code, Real Property Article, 7-105.1 (f)(1) and COMAR 09.03.12.01 et seq. (9) in an action to foreclose a land installment contract on property other than residential property, an affidavit that the notice required by Rule 14-205 (c) has been given. Cross references. -- For statutory "notices" relating to liens, see, e.g., Code, Real Property Article, 14-203 (b). Committee note. -- Pursuant to subsections (b)(7) and (8) of this Rule, a preliminary or final loss mitigation affidavit must be filed in all actions to foreclose a lien on residential property, even if a loss mitigation analysis is not required. (c) Service of certain affidavits, pleadings, and papers. Any affidavit, pleading, or other paper that amends, supplements, or confirms a previously filed affidavit, pleading, or other paper shall be served on each party, attorney of record, borrower, and record owner in accordance with the methods provided by Rule 1-321, regardless of whether service of the original affidavit, pleading, or paper was required. HISTORY: (Added February 10, 2009, effective May 1, 2009; amended June 7, 2010, effective July 1, 2010; amended October 20, 2010, effective October 20, 2010; amended October 11, 2011, effective November 1, 2011.) MARYLAND RULES TITLE 14. SALES OF PROPERTY CHAPTER 200. FORECLOSURE OF LIEN INSTRUMENTS Md. Rule 14-207.1 (2012) Rule 14-207.1. Court screening (a) Generally. The court may adopt procedures to screen pleadings and papers filed in an action to foreclose a lien. If the court determines that the pleadings or papers filed do not comply with all

statutory and Rule requirements, it may give notice to the plaintiff and each borrower, record owner, party, and attorney of record that the action will be dismissed without prejudice or that some other appropriate order will be entered by reason of the non-compliance if the plaintiff does not demonstrate within 30 days that the papers are legally sufficient or that the deficiency has been cured. Committee note. -- This Rule prevails over the provision in Rule 1-321 (a) or any other Rule that purports, where a party is represented by an attorney, to permit service on only the attorney. This Rule requires service on both. (b) Review of affidavits. (1) In this section, "affidavit" includes any attestation or certification by an attorney, borrower, record owner, party, or agent of the attorney, borrower, record owner, or party concerning the truth or accuracy of a pleading or paper. Cross references. -- See Rule 1-202 (b) for a general definition of "affidavit." (2) If the court has reason to believe that an affidavit filed in the action may be invalid because the affiant has not read or personally signed the affidavit, because the affiant does not have a sufficient basis to attest to the accuracy of the facts stated in the affidavit, or, if applicable, because the affiant did not appear before the notary as stated, the court may order the party to show cause why the affidavit should not be stricken, and, if it is stricken, why the action should not be dismissed or other relief granted. (3) As part of the show cause order, the court may order that the affiant and any notary appear before the court at a time stated in the order for the affiant to attest under penalty of perjury that the affiant read and personally signed the affidavit and had a sufficient basis to attest to the accuracy of the facts stated in the affidavit, and, if applicable, for the affiant and the notary to attest that the affiant appeared before the notary and made the oath stated. (4) A copy of the order shall be sent to the plaintiff and to each borrower, record owner, party, and attorney of record, together with a notice that they may appear and examine the affiant and notary. The court may further require that the plaintiff serve the order and any response thereto on each borrower, record owner, party, and attorney of record. Cross references. -- See Rule 1-341. (c) Special masters or examiners. The court may designate one or more qualified Maryland lawyers to serve as a part-time special master or examiner to screen pleadings and papers under section (a) of this Rule, conduct proceedings under section (b) of this Rule, and make appropriate recommendations to the court. Subject to section (d) of this Rule, the costs and expenses of the special master or examiner may be assessed against one or more of the parties pursuant to Code, Courts Article, 2-102 (c), Rule 2-541 (i), or Rule 2-542 (i). With his or her consent, the special master or examiner may serve on a pro bono basis.

(d) Assessment of costs, expenses, and attorney's fees. The costs, expenses, and attorney's fees of any proceeding under this Rule, including any costs or expense of a special master or examiner under section (c) of this Rule, shall not be assessed against the borrower or record owner either directly or as an expense of sale, unless the affidavit in question was filed by or on behalf of the borrower or record owner. HISTORY: (Added October 20, 2010, effective October 20, 2010.) MARYLAND RULES TITLE 14. SALES OF PROPERTY CHAPTER 200. FORECLOSURE OF LIEN INSTRUMENTS Md. Rule 14-208 (2012) Rule 14-208. Subsequent proceedings if no power of sale or assent to a decree (a) Process and service. When a complaint is filed to foreclose a lien that has neither a power of sale nor an assent to a decree, process shall issue and be served in accordance with Title 2, Chapter 100 of these Rules, except that in an action to foreclose a lien on residential property, service shall be in accordance with Rule 14-209. Except as provided in section (b) of this Rule, the action shall proceed in the same manner as any other civil action. (b) Order directing immediate sale. If after a hearing, the court finds that the interests of justice require an immediate sale of the property that is subject to the lien and that a sale would likely be ordered as a result of a judgment entered in the action, the court may order a sale of the property before judgment and shall appoint an individual to make the sale pursuant to Rule 14-214, provided any applicable requirements of Code, Real Property Article, 7-105.1 have been satisfied. The court shall order that the proceeds be deposited or invested pending distribution pursuant to judgment. HISTORY: (Amended June. 7, 2010, effective July 1, 2010.) MARYLAND RULES TITLE 14. SALES OF PROPERTY CHAPTER 200. FORECLOSURE OF LIEN INSTRUMENTS Md. Rule 14-209 (2012) Rule 14-209. Service in actions to foreclose on residential property; notice (a) Service on borrower and record owner by personal delivery. When an action to foreclose a lien on residential property is filed, the plaintiff shall serve on the borrower and the record owner a copy of all papers filed to commence the action, accompanied by the documents required by Code, Real Property Article, 7-105.1 (f). Service shall be accomplished by personal delivery of the papers or by leaving the papers with a resident of suitable age and discretion at the borrower's or record owner's dwelling house or usual place of abode.

Cross references. -- For the required form and sequence of documents, see Code, Real Property Article, 7-105.1 (f)(1) and COMAR 09.03.12.01 et seq. (b) Service on borrower and record owner by mailing and posting. If on at least two different days a good faith effort was made to serve a borrower or record owner under section (a) of this Rule and service was not successful, the plaintiff shall effect service by (1) mailing, by certified and firstclass mail, a copy of all papers filed to commence the action, accompanied by the documents required by Code, Real Property Article, 7-105.1 (f), to the last known address of each borrower and record owner and, if the person's last known address is not the address of the residential property, also to that person at the address of the property; and (2) posting a copy of the papers in a conspicuous place on the residential property. Service is complete when the property has been posted and the mailings have been made in accordance with this section. Cross references. -- For the required form and sequence of documents, see Code, Real Property Article, 7-105.1 (f)(1) and COMAR 09.03.12.01 et seq. (c) Notice to all occupants by first-class mail. When an action to foreclose on residential property is filed, the plaintiff shall send by first-class mail addressed to "All Occupants" at the address of the property the notice required by Code, Real Property Article, 7-105.9 (b). (d) If notice required by local law. When an action to foreclose on residential property is filed with respect to a property located within a county or a municipal corporation that, under the authority of Code, Real Property Article, 14-126 (c), has enacted a local law requiring notice of the commencement of a foreclosure action, the plaintiff shall give the notice in the form and manner required by the local law. If the local law does not provide for the manner of giving notice, the notice shall be sent by first-class mail. (e) Affidavit of service, mailing, and notice. (1) Time for filing. An affidavit of service under section (a) or (b) of this Rule, mailing under section (c) of this Rule, and notice under section (d) of this Rule shall be filed promptly and in any event before the date of the sale. (2) Service by an individual other than a sheriff. In addition to other requirements contained in this section, if service is made by an individual other than a sheriff, the affidavit shall include the name, address, and telephone number of the affiant and a statement that the affiant is 18 years of age or older. (3) Contents of affidavit of service by personal delivery. An affidavit of service by personal delivery shall set forth the name of the person served and the date and particular place of service. If service was effected on a person other than the borrower or record owner, the affidavit also shall include a description of the individual served (including the individual's name and address, if known) and the facts upon which the individual making service concluded that the individual served is of suitable age and discretion.

(4) Contents of affidavit of service by mailing and posting. An affidavit of service by mailing and posting shall (A) describe with particularity the good faith efforts to serve the borrower or record owner by personal delivery; (B) state the date on which the required papers were mailed by certified and first-class mail and the name and address of the addressee; and (C) include the date of the posting and a description of the location of the posting on the property. (5) Contents of affidavit of notice required by local law. An affidavit of the sending of a notice required by local law shall (A) state (i) the date the notice was given, (ii) the name and business address of the person to whom the notice was given, (iii) the manner of delivery of the notice, and (iv) a reference to the specific local law of the county or municipal corporation, or both, requiring the notice and (B) be accompanied by a copy of the notice that was given. HISTORY: (Added Feb. 10, 2009, effective May 1, 2009; amended June 16, 2009, effective June 17, 2009; amended October 11, 2011, effective November 1, 2011.) MARYLAND RULES TITLE 14. SALES OF PROPERTY CHAPTER 200. FORECLOSURE OF LIEN INSTRUMENTS Md. Rule 14-209.1 (2012) Rule 14-209.1. Owner-Occupied Residential Property (a) Applicability. This rule applies to an action to foreclose a lien on residential property that is owner-occupied residential property, or where it is unknown whether the property is owneroccupied residential property at the time the action is filed. (b) Advertising of sale. A sale may not be advertised until 30 days after a final loss mitigation affidavit is filed, but if a request for foreclosure mediation is filed within that time and not stricken, a sale may not be advertised until the report from the Office of Administrative Hearings is filed with the court. (c) Foreclosure mediation. (1) Request; transmittal. (A) Filing of request. The borrower may file a request for foreclosure mediation within the time allowed by Code, Real Property Article, 7-105.1 (h)(1). The request shall contain the caption of the case and the names and addresses of the parties and be accompanied by the foreclosure mediation filing fee required by Code, Real Property Article, 7-105.1 (h)(1)(ii) or a written request in accordance with Rule 1-325 for an order waiving or reducing the fee. The borrower shall serve a copy of the request on the other parties. The clerk shall not accept for filing a request for foreclosure mediation that does not contain a certificate of service or is not accompanied by the required fee or request for an order waiving or reducing the fee. Cross references. -- See Rules 1-321 and 1-323. For the Request for Foreclosure Mediation form prescribed by regulation adopted by the Commissioner of Financial Regulation, see COMAR

09.03.12.05. (B) Transmittal of request. Subject to section (e) of this Rule, the clerk shall transmit notice of the request to the Office of Administrative Hearings no later than five days after the request is filed. Committee note. -- The transmittal to the Office of Administrative Hearings shall be made within the time required by subsection (c)(1)(B) of this Rule, regardless of the status of a request for waiver or reduction of the foreclosure mediation filing fee. (C) Ruling on request for fee waiver or reduction. The court promptly shall rule upon a request for an order waiving or reducing the foreclosure mediation filing fee. The court may make its ruling ex parte and without a hearing. If the court does not waive the fee in its entirety, the court shall specify in its order the dollar amount to be paid and the amount of time, not to exceed ten days, within which the sum shall be paid. The order shall direct the clerk to strike the request for foreclosure mediation if the sum is not paid within the time allowed and, if the request is stricken, to promptly notify the Office of Administrative Hearings that the request for foreclosure mediation has been stricken. (2) Motion to strike request for foreclosure mediation. No later than 15 days after service of a request for foreclosure mediation, the secured party may file a motion to strike the request. The motion shall be accompanied by an affidavit that sets forth with particularity reasons sufficient to overcome the presumption that the borrower is entitled to foreclosure mediation and why foreclosure mediation is not appropriate. (3) Response to motion to strike. No later than 15 days after service of the motion to strike, the borrower may file a response to the motion. (4) Ruling on motion. After expiration of the time for filing a response, the court shall rule on the motion, with or without a hearing. If the court grants the motion, the clerk shall notify the Office of Administrative Hearings that the motion has been granted. (d) Notification from Office of Administrative Hearings. (1) If extension granted. If the Office of Administrative Hearings extends the time for completing foreclosure mediation pursuant to Code, Real Property Article, 7-105.1 (i)(2)(ii), it shall notify the court no later than 67 days after the court transmitted the request for foreclosure mediation and specify the date by which mediation shall be completed. If the Office of Administrative Hearings extends the time for completing foreclosure mediation more than once, it shall notify the court of each extension and specify the new date by which mediation shall be completed. (2) Outcome of foreclosure mediation. Within the time allowed by Code, Real Property Article, 7-105.1 (j)(3), the Office of Administrative Hearings shall file with the court a report that states (A) whether the foreclosure mediation was held and, if not, the reasons why it was not held, or (B) the outcome of the foreclosure mediation. The Office of Administrative Hearings promptly shall provide a copy of the report to each party to the foreclosure mediation.

(e) Electronic transmittals. By agreement between the Administrative Office of the Courts and the Office of Administrative Hearings, notifications required by this Rule may be transmitted by electronic means rather than by mail and by a department of the Administrative Office of the Courts rather than by the clerk, provided that an appropriate docket entry is made of the transmittal or the receipt of the notification. (f) Procedure following foreclosure mediation. (1) If agreement results from foreclosure mediation. If the foreclosure mediation results in an agreement, the court shall take any reasonable action reasonably necessary to implement the agreement. (2) If no agreement. If the foreclosure mediation does not result in an agreement, the secured party may advertise the sale, subject to the right of the borrower to file a motion pursuant to Rule 14211 to stay the sale and dismiss the action. (3) If foreclosure mediation fails due to the fault of a party. (A) If the foreclosure mediation is not held or is terminated because the secured party failed to attend or failed to provide the documents required by regulation of the Commissioner of Financial Regulation, the court, after an opportunity for a hearing, may dismiss the action. (B) If the foreclosure mediation is not held or is terminated because the borrower failed to attend or failed to provide the documents required by regulation of the Commissioner of Financial Regulation, the secured party may advertise the sale. HISTORY: (Added June. 7, 2010, effective July 1, 2010; amended October 11, 2011, effective November 1, 2011.) MARYLAND RULES TITLE 14. SALES OF PROPERTY CHAPTER 200. FORECLOSURE OF LIEN INSTRUMENTS Md. Rule 14-210 (2012) Rule 14-210. Notice prior to sale (a) By publication. Before selling property in an action to foreclose a lien, the individual authorized to make the sale shall publish notice of the time, place, and terms of the sale in a newspaper of general circulation in the county in which the action is pending. Notice of the sale of an interest in real property shall be published at least once a week for three successive weeks, the first publication to be not less than 15 days before the sale and the last publication to be not more than one week before the sale. Notice of the sale of personal property shall be published not less than five days nor more than 12 days before the sale. (b) By certified and first-class mail. Before selling the property subject to the lien, the individual authorized to make the sale shall also send notice of the time, place, and terms of sale (1) by

certified mail and by first-class mail to (A) the borrower, (B) the record owner of the property, and (C) the holder of any subordinate interest in the property subject to the lien and (2) by first-class mail to "All Occupants" at the address of the property. The notice to "All occupants" shall be in the form and contain the information required by Code, Real Property Article, 7-105.9 (c). Except for the notice to "All Occupants," the mailings shall be sent to the last known address of all such persons, including to the last address reasonably ascertainable from a document recorded, indexed, and available for public inspection 30 days before the date of the sale. The mailings shall be sent not more than 30 days and not less than ten days before the date of the sale. (c) To counties or municipal corporations. In addition to any other required notice, not less than 15 days before the sale, the individual authorized to make the sale shall send written notice to the county or municipal corporation where the property subject to the lien is located. The notice shall include the name, address, and telephone number of the individual authorized to make the sale and the time, place, and terms of sale. (d) Holders of a subordinate interest. If the individual authorized to make the sale receives actual notice at any time before the sale that there is a person holding a subordinate interest in the property and if the interest holder's identity and address are reasonably ascertainable, the individual authorized to make the sale shall give notice of the time, place, and terms of sale to the interest holder as promptly as reasonably practicable. The notice may be given in any manner reasonably calculated to apprise the interest holder of the sale, including by telephone or electronic transmission. This notice need not be given to anyone to whom notice was sent pursuant to section (b) of this Rule. (e) Affidavit of notice by mail. An individual who is required by this Rule to give notice by mail shall file an affidavit stating that (1) the individual has complied with the mailing provisions of this Rule or (2) the identity or address of the borrower, record owner, or holder of a subordinate interest is not reasonably ascertainable. If the affidavit states that an identity or address is not reasonably ascertainable, the affidavit shall state in detail the reasonable, good faith efforts that were made to ascertain the identity or address. If notice was given to the holder of a subordinate interest in the property, the affidavit shall state the date, manner, and content of the notice. HISTORY: (Added Feb. 10, 2009, effective May 1, 2009; amended June 16, 2009, effective June 17, 2009; June 7, 2011, effective July 1, 2011.) MARYLAND RULES TITLE 14. SALES OF PROPERTY CHAPTER 200. FORECLOSURE OF LIEN INSTRUMENTS Md. Rule 14-211 (2012) Rule 14-211. Stay of the sale; dismissal of action (a) Motion to stay and dismiss. (1) Who may file. The borrower, a record owner, a party to the lien instrument, a person who claims under the borrower a right to or interest in the property that is subordinate to the lien being

foreclosed, or a person who claims an equitable interest in the property may file in the action a motion to stay the sale of the property and dismiss the foreclosure action. Cross references. -- See Code, Real Property Article, 7-101 (a) and 7-301 (f)(1). (2) Time for filing. (A) Owner-occupied residential property. In an action to foreclose a lien on owner-occupied residential property, a motion by a borrower to stay the sale and dismiss the action shall be filed no later than 15 days after the last to occur of: (i) the date the final loss mitigation affidavit is filed; (ii) the date a motion to strike foreclosure mediation is granted; or (iii) if foreclosure mediation was requested and the request was not stricken, the first to occur of: (a) the date the foreclosure mediation was held; (b) the date the Office of Administrative Hearings files with the court a report stating that no foreclosure mediation was held; or (c) the expiration of 60 days after transmittal of the borrower's request for foreclosure mediation or, if the Office of Administrative Hearings extended the time to complete the foreclosure mediation, the expiration of the period of the extension. (B) Other property. In an action to foreclose a lien on property, other than owner-occupied residential property, a motion by a borrower or record owner to stay the sale and dismiss the action shall be filed within 15 days after service pursuant to Rule 14-209 of an order to docket or complaint to foreclose. A motion to stay and dismiss by a person not entitled to service under Rule 14-209 shall be filed within 15 days after the moving party first became aware of the action. (C) Non-compliance; extension of time. For good cause, the court may extend the time for filing the motion or excuse non-compliance. Cross references. -- See Rules 2-311 (b), 1-203, and 1-204, concerning the time allowed for filing a response to the motion. (3) Contents. A motion to stay and dismiss shall: (A) be under oath or supported by affidavit; (B) state with particularity the factual and legal basis of each defense that the moving party has to the validity of the lien or the lien instrument or to the right of the plaintiff to foreclose in the pending action;

Committee note. -- The failure to grant loss mitigation that should have been granted in an action to foreclose a lien on owner-occupied residential property may be a defense to the right of the plaintiff to foreclose in the pending action. If that defense is raised, the motion must state specific reasons why loss mitigation pursuant to a loss mitigation program should have been granted. (C) be accompanied by any supporting documents or other material in the possession or control of the moving party and any request for the discovery of any specific supporting documents in the possession or control of the plaintiff or the secured party; (D) state whether there are any collateral actions involving the property and, to the extent known, the nature of each action, the name of the court in which it is pending, and the caption and docket number of the case; (E) state the date the moving party was served or, if not served, when and how the moving party first became aware of the action; and (F) if the motion was not filed within the time set forth in subsection (a)(2) of this Rule, state with particularity the reasons why the motion was not filed timely. To the extent permitted in Rule 14-212, the motion may include a request for referral to alternative dispute resolution pursuant to Rule 14-212. (b) Initial determination by court. (1) Denial of motion. The court shall deny the motion, with or without a hearing, if the court concludes from the record before it that the motion: (A) was not timely filed and does not show good cause for excusing non-compliance with subsection (a)(2) of this Rule; (B) does not substantially comply with the requirements of this Rule; or (C) does not on its face state a valid defense to the validity of the lien or the lien instrument or to the right of the plaintiff to foreclose in the pending action. Committee note. -- A motion based on the failure to grant loss mitigation in an action to foreclose a lien on owner-occupied residential property must be denied unless the motion sets forth good cause why loss mitigation pursuant to a loss mitigation program should have been granted is stated in the motion. (2) Hearing on the merits. If the court concludes from the record before it that the motion: (A) was timely filed or there is good cause for excusing non-compliance with subsection (a)(2) of this Rule, (B) substantially complies with the requirements of this Rule, and

(C) states on its face a defense to the validity of the lien or the lien instrument or to the right of the plaintiff to foreclose in the pending action, the court shall set the matter for a hearing on the merits of the alleged defense. The hearing shall be scheduled for a time prior to the date of sale, if practicable, otherwise within 60 days after the originally scheduled date of sale. (c) Temporary stay. (1) Entry of stay; conditions. If the hearing on the merits cannot be held prior to the date of sale, the court shall enter an order that temporarily stays the sale on terms and conditions that the court finds reasonable and necessary to protect the property and the interest of the plaintiff. Conditions may include assurance that (1) the property will remain covered by adequate insurance, (2) the property will be adequately maintained, (3) property taxes, ground rent, and other charges relating to the property that become due prior to the hearing will be paid, and (4) periodic payments of principal and interest that the parties agree or that the court preliminarily finds will become due prior to the hearing are timely paid in a manner prescribed by the court. The court may require the moving party to provide reasonable security for compliance with the conditions it sets and may revoke the stay upon a finding of non-compliance. (2) Hearing on conditions. The court may, on its own initiative, and shall, on request of a party, hold a hearing with respect to the setting of appropriate conditions. The hearing may be conducted by telephonic or electronic means. (d) Scheduling order. In order to facilitate an expeditious hearing on the merits, the court may enter a scheduling order with respect to any of the matters specified in Rule 2-504 that are relevant to the action. (e) Final determination. After the hearing on the merits, if the court finds that the moving party has established that the lien or the lien instrument is invalid or that the plaintiff has no right to foreclose in the pending action, it shall grant the motion and, unless it finds good cause to the contrary, dismiss the foreclosure action. If the court finds otherwise, it shall deny the motion. HISTORY: (Added Feb. 10, 2009, effective May 1, 2009; amended June. 7, 2010, effective July 1, 2010; amended October 11, 2011, effective November 1, 2011.) MARYLAND RULES TITLE 14. SALES OF PROPERTY CHAPTER 200. FORECLOSURE OF LIEN INSTRUMENTS Md. Rule 14-212 (2012) Rule 14-212. Alternative dispute resolution (a) Applicability. This Rule applies to actions that are ineligible for foreclosure mediation under Code, Real Property Article, 7- 105.1. (b) Referral to alternative dispute resolution. In an action in which a motion to stay the sale and

dismiss the action has been filed, and was not denied pursuant to Rule 14-211 (b)(1), the court at any time before a sale of the property subject to the lien may refer a matter to mediation or another appropriate form of alternative dispute resolution, subject to the provisions of Rule 17-103, and may require that individuals with authority to settle the matter be present or readily available for consultation. HISTORY: (Added Feb. 10, 2009, effective May 1, 2009; amended June. 7, 2010, effective July 1, 2010.) MARYLAND RULES TITLE 14. SALES OF PROPERTY CHAPTER 200. FORECLOSURE OF LIEN INSTRUMENTS Md. Rule 14-213 (2012) Rule 14-213. Bond by individual making sale Before selling property subject to a lien, the individual authorized to make the sale shall file a bond to the State of Maryland conditioned upon compliance with any court order that may be entered in relation to the sale of the property or distribution of the proceeds of the sale. Unless the court orders otherwise, the amount of the bond shall be $ 25,000. If the property is sold to a person other than the holder of the indebtedness or a person designated by the holder in a writing filed in the proceeding to take title on the holder's behalf, the individual authorized to make the sale shall increase the amount of the bond, before the sale is ratified, to the amount of the sale price as set forth in the report of sale. On application by a person having an interest in the property or by the individual authorized to make the sale, the court may increase or decrease the amount of the bond pursuant to Rule 1-402(d). HISTORY: (Added Feb. 10, 2009, effective May 1, 2009.) MARYLAND RULES TITLE 14. SALES OF PROPERTY CHAPTER 200. FORECLOSURE OF LIEN INSTRUMENTS Md. Rule 14-214 (2012) Rule 14-214. Sale (a) Only by individual. Only an individual may sell property pursuant to the Rules in this Chapter. (b) Under power of sale. (1) Individual authorized to conduct a sale other than under a deed of trust. Except as provided in subsection (b)(2) of this Rule, a secured party authorized by the lien instrument to make the sale or any other individual designated by name in the lien instrument to exercise the power of sale shall conduct the sale.

(2) Individual authorized to conduct a sale under a deed of trust. An individual appointed as trustee in a deed of trust or as a substitute trustee shall conduct the sale of property subject to a deed of trust. (3) Payment terms. A sale of property under a power of sale shall be made upon the payment terms specified in the lien instrument. If no payment terms are specified in the lien instrument, the sale shall be made upon payment terms that are reasonable under the circumstances. (c) Under assent to a decree. (1) Individual authorized to sell. An individual appointed as a trustee in a lien instrument or as a substitute trustee shall conduct the sale of property pursuant to an assent to a decree. (2) Payment terms. A sale of property under an order of court entered pursuant to an assent to a decree shall be made upon the payment terms provided in the order. (d) No power of sale or assent to decree. (1) Individual authorized to sell. If there is no power or sale or assent to a decree in the lien instrument, or if the lien is a statutory lien, the sale shall be made by an individual trustee appointed by the court. (2) Payment terms. The sale shall be made upon payment terms that are reasonable under the circumstances. HISTORY: (Added Feb. 10, 2009, effective May 1, 2009; amended June. 7, 2010, effective July 1, 2010.) MARYLAND RULES TITLE 14. SALES OF PROPERTY CHAPTER 200. FORECLOSURE OF LIEN INSTRUMENTS Md. Rule 14-215 (2012) Rule 14-215. Post-sale procedures (a) Procedure following sale. The procedure following a sale made pursuant to this Chapter shall be as provided in Rules 14-305 and 14-306, except that an audit is mandatory. (b) Resale. If the court sets a sale aside, the court may order that the property be resold by the individual who made the previous sale or by a special trustee appointed by the court. (c) Conveyance to purchaser. (1) When made. After the court has finally ratified a sale and the purchase money has been paid, the individual making the sale shall convey the property to the purchaser or the purchaser's

assignee. If the conveyance is to the purchaser's assignee, the purchaser shall join in the deed. (2) Under power of sale -- when vendor and purchaser are the same. If the individual making a sale and the purchaser at a sale made pursuant to a power of sale are the same person, the court shall appoint in the order of ratification a trustee to convey the property to the purchaser after payment of the purchase money. The trustee need not furnish a bond unless the court so provides in its order. (3) To substituted purchaser. At any time after the sale and before a conveyance, the court, upon ex parte application and consent of the purchaser, substituted purchaser, and individual making the sale, may authorize the conveyance to be made to a substituted purchaser. HISTORY: (Added Feb. 10, 2009, effective May 1, 2009.) MARYLAND RULES TITLE 14. SALES OF PROPERTY CHAPTER 200. FORECLOSURE OF LIEN INSTRUMENTS Md. Rule 14-216 (2012) Rule 14-216. Proceeds of sale (a) Distribution of surplus. At any time after a sale of property and before final ratification of the auditor's account, any person claiming an interest in the property or in the proceeds of the sale of the property may file an application for the payment of that person's claim from the surplus proceeds of the sale. The court shall order distribution of the surplus equitably among the claimants. (b) Deficiency judgment. At any time within three years after the final ratification of the auditor's report, a secured party or any appropriate party in interest may file a motion for a deficiency judgment if the proceeds of the sale, after deducting all costs and expenses allowed by the court, are insufficient to satisfy the debt and accrued interest. If the person against whom the judgment is sought is a party to the action, the motion shall be served in accordance with Rule 1-321. Otherwise, the motion shall be served in accordance with Rule 2-121 and shall be accompanied by a notice advising the person that any response to the motion must be filed within 30 days after being served or within any applicable longer time prescribed by Rule 2-321(b) for answering a complaint. A copy of Rule 2-321(b) shall be attached to the notice. HISTORY: (Added Feb. 10, 2009, effective May 1, 2009.) MARYLAND RULES TITLE 14. SALES OF PROPERTY CHAPTER 200. FORECLOSURE OF LIEN INSTRUMENTS Md. Rule 14-217 (2012) Rule 14-217. Release or assignment; insolvency

(a) Release or assignment of claim. A person entitled to release or assign a claim under a lien may file a written release or assignment of the claim and of any order for the sale of the property entered in the action. The release or assignment shall be signed and acknowledged before an individual authorized to take acknowledgments of deeds. The release or assignment shall take effect at the time of entry on the docket. (b) Insolvency proceeding -- Effect on foreclosure. When property of an insolvent is subject to a lien, the institution of or pendency of insolvency proceedings by or against the insolvent under the laws of this State shall not stay a sale of property pursuant to a foreclosure action instituted prior to the insolvency proceeding. HISTORY: (Added Feb. 10, 2009, effective May 1, 2009.) MARYLAND RULES TITLE 14. SALES OF PROPERTY CHAPTER 200. FORECLOSURE OF LIEN INSTRUMENTS Md. Rule 14-218 (2012) Rule 14-218. Removal of trustee under a deed of trust (a) Inapplicable where procedure set forth in lien instrument. The procedure for removal of a trustee under a deed of trust set forth in this Rule shall not supersede or nullify any procedure for the removal or substitution of a trustee that may be provided for in the deed of trust. (b) Motion to remove trustee. When a trustee who has the right to institute a foreclosure action fails or refuses to do so, or if there is other good cause for the removal of the trustee under a deed of trust, secured parties holding not less than 25%, or any lesser percentage provided in the deed of trust, of the beneficial interest under the deed of trust may file a motion for the removal of the trustee and appointment of a new trustee. The motion shall be supported by affidavit and shall state the facts alleged to constitute grounds for removal. The motion may be filed in any court in which an action to foreclose may be instituted. (c) Notice to trustee. Unless the court orders otherwise, notice of the filing of the motion shall be served on the trustee by mailing a copy of the motion by certified mail to the last known address of the trustee. HISTORY: (Added Feb. 10, 2009, effective May 1, 2009.) MARYLAND RULES TITLE 14. SALES OF PROPERTY CHAPTER 300. JUDICIAL SALES Md. Rule 14-301 (2012) Rule 14-301. Applicability

Except as otherwise specifically provided in Rules 2-644 and 3-644 and Chapter 200 of this Title, the rules in this Chapter govern all sales of property that are subject to ratification by a court. MARYLAND RULES TITLE 14. SALES OF PROPERTY CHAPTER 300. JUDICIAL SALES Md. Rule 14-302 (2012) Rule 14-302. Sales -- Generally (a) When court may order. At any stage of an action, the court may order a sale if satisfied that the jurisdictional requisites have been met and that the sale is appropriate. Cross references. -- See Code, Family Law Article, 11-104 and Keen v. Keen, 191 Md. 31 (1948) for sale of nonresidents' property to satisfy alimony decree; Code, Family Law Article, 8-202 for sale of real or personal property incident to a divorce decree; Code, Business Regulation Article, 5-505 for sale of burial grounds; Code, Real Property Article, 14-107 for sale in lieu of partition; Code, Real Property Article, 14-110 for sale of consecutive interests in land by agreement of parties; Code, Tax Property Article, 14-808 through 14-854 for tax sales; and Code, Tax General Article, 13-810 for sale to enforce income tax lien. (b) Appointment of trustee. When the court orders a sale it may appoint a trustee to make the sale. The trustee shall be a natural person. Cross references. -- See Code, Courts Article, 11-111 for the appointment of a trustee to execute a deed; Code, Real Property Article, 4-202 (e) for a form of a trustee's deed under a decree; and Code, Estates and Trusts Article, 14-101, for general jurisdiction of equity concerning trusts. Regarding fiduciaries generally, see Code, Estates and Trusts Article, 15-101 et seq. HISTORY: (Amended Jan. 20, 1999, effective July 1, 1999.) MARYLAND RULES TITLE 14. SALES OF PROPERTY CHAPTER 300. JUDICIAL SALES Md. Rule 14-303 (2012) Rule 14-303. Procedure prior to sale (a) Bond. (1) Trustee appointed by court. Unless excused by the court, a trustee appointed by the court to make a sale shall file a bond with the clerk. The bond shall be to the State of Maryland in an amount determined by the court and conditioned on faithful performance and execution of the trust.

(2) Trustee appointed under certain instruments. Unless otherwise ordered by the court, the trustee need not file a bond if the sale is for the benefit of either the grantor of the trust instrument or a person who paid a valuable consideration for the deed of trust and who is entitled to the proceeds of sale. Cross references. -- For payment of the premium of the bond out of the estate being administered, see Rule 10-702 (f). See also Code, Commercial Law Article, 15-103 (a) concerning bond requirements before passage of title to an assignee for the benefit of creditors. (b) Public sale -- Advertisement. Unless otherwise ordered by the court, a trustee proposing to make a public sale shall give notice by advertisement of the time, place, and terms of sale in a newspaper of general circulation in each county where any portion of the property is located. The notice shall describe the property to be sold sufficiently to identify it and shall be given as follows: (1) for the sale of an interest in real property, at least once a week for three successive weeks, the first publication to be not less than 15 days before the sale and the last publication to be not more than one week before the sale; or (2) for the sale of personal property, not less than five days nor more than 12 days before the sale. (c) Private sale; appraisal. Before making a private sale, the person proposing to make it shall file in the proceedings an appraisal made by a competent appraiser within six months before the date of sale. An appraisal need not be filed if the filing is excused by order of the court or if the sale is made by a personal representative of an estate administered in the circuit court under a will that grants a power of sale without expressly requiring an appraisal. MARYLAND RULES TITLE 14. SALES OF PROPERTY CHAPTER 300. JUDICIAL SALES Md. Rule 14-304 (2012) Rule 14-304. Place of sale Unless otherwise ordered by the court, a sale shall be made in a county where all or a part of the property is located. MARYLAND RULES TITLE 14. SALES OF PROPERTY CHAPTER 300. JUDICIAL SALES Md. Rule 14-305 (2012) Rule 14-305. Procedure following sale

(a) Report of sale. As soon as practicable, but not more than 30 days after a sale, the person authorized to make the sale shall file with the court a complete report of the sale and an affidavit of the fairness of the sale and the truth of the report. (b) Affidavit of purchaser. Before a sale is ratified, unless otherwise ordered by the court for good cause, the purchaser shall file an affidavit setting forth: (1) whether the purchaser is acting as an agent and, if so, the name of the principal; (2) whether others are interested as principals and, if so, the names of the other principals; and (3) that the purchaser has not directly or indirectly discouraged anyone from bidding for the property. (c) Sale of interest in real property; notice. Upon the filing of a report of sale of real property or chattels real pursuant to section (a) of this Rule, the clerk shall issue a notice containing a brief description sufficient to identify the property and stating that the sale will be ratified unless cause to the contrary is shown within 30 days after the date of the notice. A copy of the notice shall be published at least once a week in each of three successive weeks before the expiration of the 30day period in one or more newspapers of general circulation in the county in which the report of sale was filed. (d) Exceptions to sale. (1) How taken. A party, and, in an action to foreclose a lien, the holder of a subordinate interest in the property subject to the lien, may file exceptions to the sale. Exceptions shall be in writing, shall set forth the alleged irregularity with particularity, and shall be filed within 30 days after the date of a notice issued pursuant to section (c) of this Rule or the filing of the report of sale if no notice is issued. Any matter not specifically set forth in the exceptions is waived unless the court finds that justice requires otherwise. (2) Ruling on exceptions; hearing. The court shall determine whether to hold a hearing on the exceptions but it may not set aside a sale without a hearing. The court shall hold a hearing if a hearing is requested and the exceptions or any response clearly show a need to take evidence. The clerk shall send a notice of the hearing to all parties and, in an action to foreclose a lien, to all persons to whom notice of the sale was given pursuant to Rule 14-206 (b). (e) Ratification. The court shall ratify the sale if (1) the time for filing exceptions pursuant to section (d) of this Rule has expired and exceptions to the report either were not filed or were filed but overruled, and (2) the court is satisfied that the sale was fairly and properly made. If the court is not satisfied that the sale was fairly and properly made, it may enter any order that it deems appropriate. (f) Referral to auditor. Upon ratification of a sale, the court, pursuant to Rule 2-543, may refer the matter to an auditor to state an account.

(g) Resale. If the purchaser defaults, the court, on application and after notice to the purchaser, may order a resale at the risk and expense of the purchaser or may take any other appropriate action. MARYLAND RULES TITLE 14. SALES OF PROPERTY CHAPTER 300. JUDICIAL SALES Md. Rule 14-306 (2012) Rule 14-306. Real property -- Recording Upon the entry of a final order of ratification, the person making a sale of an interest in real property in a county other than one in which all of the property is located shall cause to be recorded among the land records of each county where any part of the property is located a certified copy of the docket entries, any complaint, the report of sale, the final order of ratification, and any other orders affecting the property. HISTORY: (Amended Nov. 12, 2003, effective Jan. 1, 2004.) MARYLAND RULES TITLE 14. SALES OF PROPERTY CHAPTER 400. BURIAL GROUND Md. Rule 14-401 (2012) Rule 14-401. Sale for other use (a) Venue. An action for sale of a burial ground for a use other than burial purposes shall be brought in the county in which the burial ground is located. When the burial ground is located in more than one county, the action may be brought in any county in which all or any part of the burial ground is located. (b) Complaint. The action for sale of a burial ground shall be commenced by filing a complaint that, in addition to complying with Rules 2-303 through 2-305, shall contain: (1) a description of the burial ground sufficient to enable it to be located, (2) a statement that the ground has been dedicated and used for burial purposes, (3) a statement that the burial ground has ceased to be used for burial purposes, (4) a list of names and last known addresses of all known lot owners, or their assignees, if any, and (5) a statement of the reasons why it is desirable to sell the burial ground for other uses. Cross references. -- See Code, Business Regulation Article, 5-505, which authorizes a proceeding

for the sale of a burial ground that has ceased to be used for such purposes. For sale of cemeteries in Baltimore City where more than 75% of acreage has been abandoned or becomes a menace, see Code, Business Regulation Article, 5-506. As to certain cemeteries in Carroll County, see Code, Real Property Article, 14-119. As to exemption of lots held only for burial from attachment or execution and insolvency laws, see Code, Business Regulation Article, 5-503. As to condemnation of cemeteries, see Rule 12-204. (c) Notice -- Publication and posting. Upon the filing of the complaint, the clerk shall issue a notice instead of a summons. The notice shall be signed by the clerk and shall (1) include the caption of the action, (2) describe the substance of the complaint and the relief sought, and (3) inform all lot owners or other persons in interest of the latest date by which a response may be filed. The notice shall be published as provided in Rule 2-122, and a copy of the notice shall be posted in a conspicuous place on the property and at all principal gates or entrances to the burial ground. Additionally, a copy of the notice shall be sent by ordinary mail to each person whose name and last known address are listed in the complaint pursuant to subsection (b) (4) of this Rule. (d) Proceedings when no response filed. If no party in interest appears in response to the notice, the action shall proceed ex parte. The court may order testimony to be taken and enter judgment as it deems proper. HISTORY: (Amended Jan. 20, 1999, effective July 1, 1999.) MARYLAND RULES TITLE 14. SALES OF PROPERTY CHAPTER 500. TAX SALES Md. Rule 14-501 (2012) Rule 14-501. Applicability The rules in this Chapter govern actions to foreclose the right of redemption in property sold at a tax sale. MARYLAND RULES TITLE 14. SALES OF PROPERTY CHAPTER 500. TAX SALES Md. Rule 14-502 (2012) Rule 14-502. Foreclosure of right of redemption -- Complaint (a) Contents. In an action to foreclose the right of redemption in property sold at a tax sale, the

complaint, in addition to complying with Rules 2-303 through 2-305, shall set forth: (1) the fact of the issuance of the certificate of sale; (2) a description of the property in substantially the same form as the description appearing on the certificate of tax sale; (3) the fact that the property has not been redeemed by any party in interest; and (4) a statement of the amount necessary for redemption. (b) Documents. The complaint shall be accompanied by: (1) the original certificate of sale, or a photocopy of the certificate; (2) a copy of a title report supported by an affidavit by the person making the search that a complete search of the records has been performed in accordance with generally accepted standards of title examination for the period of at least 40 years immediately before the filing of the complaint; and (3) a notice setting forth (A) the substance of the complaint and the relief sought, (B) a description of the property in substantially the same form as the description appearing on the collector's tax records, (C) the time within which a defendant must file an answer to the complaint or redeem the property, and (D) a statement that failure to answer or redeem the property within the time allowed may result in a judgment foreclosing the right of redemption. MARYLAND RULES TITLE 14. SALES OF PROPERTY CHAPTER 500. TAX SALES Md. Rule 14-503 (2012) Rule 14-503. Process (a) Notice to defendants whose whereabouts are known. Upon the filing of the complaint, the clerk shall issue a summons as in any other civil action. The summons, complaint, and exhibits, including the notice prescribed by Rule 14-502 (b) (3), shall be served in accordance with Rule 2121 on each defendant named in the complaint whose whereabouts are known. (b) Notice to defendants whose whereabouts are unknown, unknown owners, and unnamed interested persons. When the complaint includes named defendants whose whereabouts are unknown, unknown owners, or unnamed persons having or claiming to have an interest in the property, the notice filed in accordance with Rule 14-502 (b) (3), after being issued and signed by the clerk, shall be served in accordance with Rule 2-122.

(c) Posting of property. Upon the filing of the complaint, the plaintiff shall cause a notice containing the information required by Rule 14-502 (b)(3) to be posted in a conspicuous place on the property. The posting may be made either by the sheriff or by a competent private person, appointed by the plaintiff, who is 18 years of age or older, including an attorney of record, but not a party to the action. A private person who posts the notice shall file with the court an affidavit setting forth the name and address of the affiant, the caption of the case, the date and time of the posting, and a description of the location of the posting and shall attach a photograph of the location showing the posted notice. (d) Notice to collector. Upon the filing of the complaint, the plaintiff shall mail a copy of the complaint and exhibits to the collector of taxes in the county in which the property is located. HISTORY: (Amended Nov. 8, 2005, effective Jan. 1, 2006.) MARYLAND RULES TITLE 14. SALES OF PROPERTY CHAPTER 500. TAX SALES Md. Rule 14-504 (2012) Rule 14-504. Notice to persons not named as defendants The plaintiff shall send the notice prescribed by Rule 14-502 (b) (3) to each person having a recorded interest, claim or judgment, or other lien who has not been made a defendant in the proceeding. If all or part of the property is a common area owned by or legally dedicated to a homeowners' association, the plaintiff shall also send the notice to the homeowners' association governing the property. The notice shall be sent to the person's last reasonably ascertainable address by certified mail, postage prepaid, return receipt requested, bearing a postmark from the United States Postal Service, and shall be accompanied by a copy of the complaint. The plaintiff shall file the return receipt from the notice or an affidavit that the provisions of this section have been complied with or that the address of the holder of the subordinate interest is not reasonably ascertainable. If the filing is made before final ratification of the sale, failure of a holder of a subordinate interest to receive the notice does not invalidate the sale. The plaintiff shall send notice to each tenant of the property, as required by Code, Tax-Property Article, 14-836 (b) (4). HISTORY: (Amended Jan. 20, 1999, effective July 1, 1999.) MARYLAND RULES TITLE 14. SALES OF PROPERTY CHAPTER 500. TAX SALES Md. Rule 14-505 (2012) Rule 14-505. Defense of invalidity

Any issue as to the validity of the taxes, the proceedings to sell the property, or the sale, shall be raised by separate affirmative defense. MARYLAND RULES TITLE 14. SALES OF PROPERTY CHAPTER 500. TAX SALES Md. Rule 14-506 (2012) Rule 14-506. Notice to tenant following judgment Notice to tenants after issuance of a judgment foreclosing the right of redemption is governed by Code, Tax Property Article, 14-836 (b) (7). HISTORY: (Adopted Jan. 20, 1999, effective July 1, 1999.) MARYLAND RULES TITLE 15. OTHER SPECIAL PROCEEDINGS CHAPTER 100. ARBITRATION Md. Rule 15-101 (2012) Rule 15-101. Application of Uniform Arbitration Act to certain proceedings (a) Binding arbitration while court action pending. (1) Not applicable to certain actions. This Rule does not apply to actions for judicial review of an order or action of an administrative agency. (2) Consent; order of referral. If before trial all parties agree on the record or file a written stipulation agreeing to binding arbitration of the action or any issue, the court shall enter an order of referral to arbitration. (3) Maryland Uniform Arbitration Act. Except to the extent provided otherwise in the order of referral, the Maryland Uniform Arbitration Act applies to the arbitration. (b) Court proceedings regarding binding arbitration not governed by Uniform Arbitration Act. In connection with a binding arbitration conducted or sought to be conducted under common law or under a statute other than the Maryland Uniform Arbitration Act, unless otherwise required by applicable law, (1) court proceedings to confirm, vacate, modify, or enter judgment on a final written award are governed by the provisions of the Maryland Uniform Arbitration Act and (2) to the extent practicable, the procedure for obtaining other judicial relief shall be the same as the procedure in connection with an arbitration under the Maryland Uniform Arbitration Act. MARYLAND RULES TITLE 15. OTHER SPECIAL PROCEEDINGS CHAPTER 200. CONTEMPT

Md. Rule 15-201 (2012) Rule 15-201. Applicability This Chapter applies to both civil and criminal contempts. It does not supersede or modify Code, Labor and Employment Article, 4-322. HISTORY: (Amended Dec. 10, 1996, effective Jan. 1, 1997.) MARYLAND RULES TITLE 15. OTHER SPECIAL PROCEEDINGS CHAPTER 200. CONTEMPT Md. Rule 15-202 (2012) Rule 15-202. Definitions (a) Constructive contempt. "Constructive contempt" means any contempt other than a direct contempt. (b) Direct contempt. "Direct contempt" means a contempt committed in the presence of the judge presiding in court or so near to the judge as to interrupt the court's proceedings. MARYLAND RULES TITLE 15. OTHER SPECIAL PROCEEDINGS CHAPTER 200. CONTEMPT Md. Rule 15-203 (2012) Rule 15-203. Direct civil and criminal contempt (a) Summary imposition of sanctions. The court against which a direct civil or criminal contempt has been committed may impose sanctions on the person who committed it summarily if (1) the presiding judge has personally seen, heard, or otherwise directly perceived the conduct constituting the contempt and has personal knowledge of the identity of the person committing it, and (2) the contempt has interrupted the order of the court and interfered with the dignified conduct of the court's business. The court shall afford the alleged contemnor an opportunity, consistent with the circumstances then existing, to present exculpatory or mitigating information. If the court summarily finds and announces on the record that direct contempt has been committed, the court may defer imposition of sanctions until the conclusion of the proceeding during which the contempt was committed. Cross references. -- As to possible constitutional limitations on summary imposition of sanctions, including the right to jury trial and the right to counsel, see Codispoti v. Pennsylvania, 418 U.S. 506 (1974); Bloom v. Illinois, 391 U.S. 194, 202 (1968); Cheff v. Schnackenberg, 384 U.S. 373

(1966); Kawamura v. State, 299 Md. 276, 292 (1984); Wilkins v. State, 293 Md. 335 (1982); Dorsey v. State, 56 Md. App. 54 (1983). Committee note. -- Sanctions may be imposed immediately upon the finding of the contempt, or, in the court's discretion, may be deferred to a later time in the proceeding. Deferral of a sanction does not affect its summary nature. The sanction remains summary in nature in that no hearing is required; the court simply announces and imposes the sanction. (b) Order of contempt. Either before sanctions are imposed or promptly thereafter, the court shall issue a written order stating that a direct contempt has been committed and specifying: (1) whether the contempt is civil or criminal, (2) the evidentiary facts known to the court from the judge's own personal knowledge as to the conduct constituting the contempt, and as to any relevant evidentiary facts not so known, the basis of the court's findings, (3) the sanction imposed for the contempt, (4) in the case of civil contempt, how the contempt may be purged, and (5) in the case of criminal contempt, (A) if the sanction is incarceration, a determinate term, and (B) any condition under which the sanction may be suspended, modified, revoked, or terminated. (c) Affidavits. In a summary proceeding, affidavits may be offered for the record by the contemnor before or after sanctions have been imposed. (d) Record. The record in cases of direct contempt in which sanctions have been summarily imposed shall consist of (1) the order of contempt; (2) if the proceeding during which the contempt occurred was recorded, a transcript of that part of the proceeding; and (3) any affidavits offered or evidence admitted in the proceeding. HISTORY: (Amended Dec. 10, 1996, effective Jan. 1, 1997.) MARYLAND RULES TITLE 15. OTHER SPECIAL PROCEEDINGS CHAPTER 200. CONTEMPT Md. Rule 15-204 (2012) Rule 15-204. Direct contempt if no summary imposition of sanctions In any proceeding involving a direct contempt for which the court determines not to impose sanctions summarily, the judge, reasonably promptly after the conduct, shall issue a written order specifying the evidentiary facts within the personal knowledge of the judge as to the conduct constituting the contempt and the identity of the contemnor. Thereafter, the proceeding shall be conducted pursuant to Rule 15-205 or Rule 15-206, whichever is applicable, and Rule 15-207 in

the same manner as a constructive contempt. HISTORY: (Amended Dec. 10, 1996, effective Jan. 1, 1997.) MARYLAND RULES TITLE 15. OTHER SPECIAL PROCEEDINGS CHAPTER 200. CONTEMPT Md. Rule 15-205 (2012) Rule 15-205. Constructive criminal contempt; commencement; prosecution (a) Separate action. A proceeding for constructive criminal contempt shall be docketed as a separate criminal action. It shall not be included in any action in which the alleged contempt occurred. (b) Who may institute. (1) The court may initiate a proceeding for constructive criminal contempt by filing an order directing the issuance of a summons or warrant pursuant to Rule 4-212. (2) The State's Attorney may initiate a proceeding for constructive criminal contempt committed against a trial court sitting within the county in which the State's Attorney holds office by filing a petition with that court. (3) The Attorney General may initiate a proceeding for constructive criminal contempt committed (A) against the Court of Appeals or the Court of Special Appeals, or (B) against a trial court when the Attorney General is exercising the authority vested in the Attorney General by Maryland Constitution, Art. V, 3, by filing a petition with the court against which the contempt was allegedly committed. (4) The State Prosecutor may initiate a proceeding for constructive criminal contempt committed against a court when the State Prosecutor is exercising the authority vested in the State Prosecutor by Code, State Government Article, 9-1201 et seq., by filing a petition with the court against which the contempt was allegedly committed. (5) The court or any person with actual knowledge of the facts constituting a constructive criminal contempt may request the State's Attorney, the Attorney General, or the State Prosecutor, as appropriate, to file a petition. (c) Appointment of prosecutor. If the proceeding is commenced by a court on its own initiative, the court may appoint the State's Attorney of the county in which the court sits, the Attorney General, or the State Prosecutor to prosecute the charge. (d) Contents; service. An order filed by the court pursuant to section (b)(1) of this Rule and a petition filed by the State's Attorney, the Attorney General, or the State Prosecutor shall contain the information required by Rule 4-202 (a). The order or petition shall be served, along with a

summons or warrant, in the manner specified in Rule 4-212 or, if the proceeding is in the Court of Appeals or Court of Special Appeals, in the manner directed by that court. (e) Waiver of counsel. The provisions of Rule 4-215 apply to constructive criminal contempt proceedings. (f) Jury trial. The provisions of Rule 4-246 apply to constructive criminal contempt proceedings. HISTORY: (Amended May 9, 2000, effective July 1, 2000.) MARYLAND RULES TITLE 15. OTHER SPECIAL PROCEEDINGS CHAPTER 200. CONTEMPT Md. Rule 15-206 (2012) Rule 15-206. Constructive civil contempt (a) Where filed. A proceeding for constructive civil contempt shall be included in the action in which the alleged contempt occurred. (b) Who may initiate. (1) The court may initiate a proceeding for constructive civil contempt by filing an order complying with the requirements of section (c) of this Rule. (2) Any party to an action in which an alleged contempt occurred and, upon request by the court, the Attorney General, may initiate a proceeding for constructive civil contempt by filing a petition with the court against which the contempt was allegedly committed. (3) In a support enforcement action where the alleged contempt is based on failure to pay spousal or child support, any agency authorized by law may bring the proceeding. (c) Content of order or petition. (1) An order filed by the court pursuant to subsection (b) (1) of this Rule and a petition filed pursuant to subsection (b) (2) shall comply with Rule 2-303 and shall expressly state whether or not incarceration is sought. (2) Unless the court finds that a petition for contempt is frivolous on its face, the court shall enter an order providing for (i) a prehearing conference, or (ii) a hearing, or (iii) both. The scheduled hearing date shall allow a reasonable time for the preparation of a defense and may not be less than 20 days after the prehearing conference. An order issued on a petition or on the court's own initiative shall state: (A) the time within which any answer by the alleged contemnor shall be filed, which, absent good cause, may not be less than ten days after service of the order;

(B) the time and place at which the alleged contemnor shall appear in person for (i) a prehearing conference, or (ii) a hearing, or (iii) both and, if a hearing is scheduled, whether it is before a master pursuant to Rule 9-208 (a) (1) (G) or before a judge; and (C) if incarceration to compel compliance with the court's order is sought, a notice to the alleged contemnor in the following form: TO THE PERSON ALLEGED TO BE IN CONTEMPT OF COURT: 1. It is alleged that you have disobeyed a court order, are in contempt of court, and should go to jail until you obey the court's order. 2. You have the right to have a lawyer. If you already have a lawyer, you should consult the lawyer at once. If you do not now have a lawyer, please note: (a) A lawyer can be helpful to you by: (1) explaining the allegations against you; (2) helping you determine and present any defense to those allegations; (3) explaining to you the possible outcomes; and (4) helping you at the hearing. (b) Even if you do not plan to contest that you are in contempt of court, a lawyer can be helpful. (c) If you want a lawyer but do not have the money to hire one, the Public Defender may provide a lawyer for you. -- To find out if the Public Defender will provide a lawyer for you, you must contact the Public Defender after any prehearing conference or master's hearing and at least 10 business days before the date of a hearing before a judge. -- If no prehearing conference or master's hearing is scheduled, you should contact the Public Defender as soon as possible, at least 10 business days before the date of the hearing before the judge. -- The court clerk will tell you how to contact the Public Defender. (d) If you want a lawyer but you cannot get one and the Public Defender will not provide one for you, contact the court clerk as soon as possible. (e) DO NOT WAIT UNTIL THE DATE OF YOUR COURT HEARING TO GET A LAWYER. If you do not have a lawyer before the court hearing date, the judge may find that you have waived

your right to a lawyer, and the hearing may be held with you unrepresented by a lawyer. 3. IF YOU DO NOT APPEAR FOR A SCHEDULED PREHEARING CONFERENCE, MASTER'S HEARING, OR COURT HEARING BEFORE THE JUDGE, YOU WILL BE SUBJECT TO ARREST. (d) Service of order. The order, together with a copy of any petition and other document filed in support of the allegation of contempt, shall be served on the alleged contemnor pursuant to Rule 2121 or 3-121 or, if the alleged contemnor has appeared as a party in the action in which the contempt is charged, in the manner prescribed by the court. (e) Waiver of counsel if incarceration is sought. (1) Applicability. This section applies if incarceration is sought and applies only to court hearings before a judge. (2) Appearance in court without counsel. (A) If the alleged contemnor appears in court without counsel, the court shall make certain that the alleged contemnor has received a copy of the order containing notice of the right to counsel or was advised of the contents of the notice in accordance with Rule 9-208 (d); (B) If the alleged contemnor indicates a desire to waive counsel, the court shall determine, after an examination of the alleged contemnor on the record, that the waiver is knowing and voluntary; (C) If the alleged contemnor indicates a desire to have counsel and the court finds that the alleged contemnor received a copy of the order containing notice of the right to counsel or was advised of the contents of the notice pursuant to Rule 9-208 (d), the court shall permit the alleged contemnor to explain the appearance without counsel. If the court finds that there is a meritorious reason for the alleged contemnor's appearance without counsel, the court shall continue the action to a later time and advise the alleged contemnor that if counsel does not enter an appearance by that time, the action will proceed with the alleged contemnor unrepresented by counsel. If the court finds that there is no meritorious reason for the alleged contemnor's appearance without counsel, the court may determine that the alleged contemnor has waived counsel by failing or refusing to obtain counsel and may proceed with the hearing. (3) Discharge of counsel. If an alleged contemnor requests permission to discharge an attorney whose appearance has been entered, the court shall permit the alleged contemnor to explain the reasons for the request. If the court finds that there is a meritorious reason for the alleged contemnor's request, the court shall permit the discharge of counsel, continue the action if necessary, and advise the alleged contemnor that if new counsel does not enter an appearance by the next scheduled hearing date, the action will be heard with the alleged contemnor unrepresented by counsel. If the court finds (A) that the alleged contemnor received a copy of the order containing notice of the right to counsel or was advised of the contents of the notice in accordance with Rule 9-208 (d) and (B) that there is no meritorious reason for the alleged contemnor's request, the court may permit the discharge of counsel but shall first inform the alleged contemnor that the

hearing will proceed as scheduled with the alleged contemnor unrepresented by counsel. HISTORY: (Amended Dec. 10, 1996, effective Jan. 1, 1997; June 6, 2000, effective Oct. 1, 2000; Mar. 5, 2001, effective July 1, 2001.) MARYLAND RULES TITLE 15. OTHER SPECIAL PROCEEDINGS CHAPTER 200. CONTEMPT Md. Rule 15-207 (2012) Rule 15-207. Constructive contempt; further proceedings (a) Consolidation of criminal and civil contempts. If a person has been charged with both constructive criminal contempt pursuant to Rule 15-205 and constructive civil contempt pursuant to Rule 15-206, the court may consolidate the proceedings for hearing and disposition. (b) When judge disqualified. A judge who enters an order pursuant to Rule 15-204 or who institutes a constructive contempt proceeding on the court's own initiative pursuant to Rule 15-205 (b) (1) or Rule 15-206 (b) (1) and who reasonably expects to be called as a witness at any hearing on the matter is disqualified from sitting at the hearing unless (1) the alleged contemnor consents, or (2) the alleged contempt consists of a failure to obey a prior order or judgment in a civil action or a "judgment of restitution" as defined in Code, Criminal Procedure Article, 11-601(g). (c) Hearing. (1) Contempt of appellate court. Where the alleged contemnor is charged with contempt of an appellate court, that court, in lieu of conducting the hearing itself, may designate a trial judge as a special master to take evidence and make recommended findings of fact and conclusions of law, subject to exception by any party and approval of the appellate court. (2) Failure of alleged contemnor to appear. If the alleged contemnor fails to appear personally at the time and place set by the court, the court may enter an order directing a sheriff or other peace officer to take custody of and bring the alleged contemnor before the court or judge designated in the order. If the alleged contemnor in a civil contempt proceeding fails to appear in person or by counsel at the time and place set by the court, the court may proceed ex parte. (d) Disposition -- Generally. (1) Applicability. This section applies to all proceedings for contempt other than proceedings for constructive civil contempt based on an alleged failure to pay spousal or child support. (2) Order. When a court or jury makes a finding of contempt, the court shall issue a written order that specifies the sanction imposed for the contempt. In the case of a civil contempt, the order shall specify how the contempt may be purged. In the case of a criminal contempt, if the sanction is incarceration, the order shall specify a determinate term and any condition under which the sanction may be suspended, modified, revoked, or terminated.

(e) Constructive civil contempt -- Support enforcement action. (1) Applicability. This section applies to proceedings for constructive civil contempt based on an alleged failure to pay spousal or child support, including an award of emergency family maintenance under Code, Family Law Article, Title 4, Subtitle 5. Committee note. -- Sanctions for attorneys found to be in contempt for failure to pay child support may include referral to Bar Counsel pursuant to Rule 16-731. See Code, Family Law Article, 10119.3. (2) Petitioner's burden of proof. Subject to subsection (3) of this section, the court may make a finding of contempt if the petitioner proves by clear and convincing evidence that the alleged contemnor has not paid the amount owed, accounting from the effective date of the support order through the date of the contempt hearing. (3) When a finding of contempt may not be made. The court may not make a finding of contempt if the alleged contemnor proves by a preponderance of the evidence that (A) from the date of the support order through the date of the contempt hearing the alleged contemnor (i) never had the ability to pay more than the amount actually paid and (ii) made reasonable efforts to become or remain employed or otherwise lawfully obtain the funds necessary to make payment, or (B) enforcement by contempt is barred by limitations as to each unpaid spousal or child support payment for which the alleged contemnor does not make the proof set forth in subsection (3) (A) of this section. Cross references. -- Code, Family Law Article, 10-102. (4) Order. Upon a finding of constructive civil contempt for failure to pay spousal or child support, the court shall issue a written order that specifies (A) the amount of the arrearage for which enforcement by contempt is not barred by limitations, (B) any sanction imposed for the contempt, and (C) how the contempt may be purged. If the contemnor does not have the present ability to purge the contempt, the order may include directions that the contemnor make specified payments on the arrearage at future times and perform specified acts to enable the contemnor to comply with the direction to make payments. HISTORY: (Amended Dec. 10, 1996, effective Jan. 1, 1997; Jan. 20, 1999, effective July 1, 1999; Jan. 8, 2002, effective Feb. 1, 2002; amended Sept. 10, 2009, effective Oct. 1, 2009.) MARYLAND RULES TITLE 15. OTHER SPECIAL PROCEEDINGS CHAPTER 200. CONTEMPT Md. Rule 15-208 (2012) Rule 15-208. Bail A contemnor committed for contempt is entitled to the same consideration with respect to bail

pending appeal as a defendant convicted in a criminal proceeding. HISTORY: (Amended Dec. 10, 1996, effective Jan. 1, 1997.) MARYLAND RULES TITLE 15. OTHER SPECIAL PROCEEDINGS CHAPTER 300. HABEAS CORPUS Md. Rule 15-301 (2012) Rule 15-301. Habeas corpus -- Applicability The rules in this Chapter apply to all habeas corpus proceedings challenging the legality of the confinement or restraint of an individual. MARYLAND RULES TITLE 15. OTHER SPECIAL PROCEEDINGS CHAPTER 300. HABEAS CORPUS Md. Rule 15-302 (2012) Rule 15-302. Petition (a) Generally. A petition for a writ of habeas corpus shall be supported by affidavit of the petitioner and shall include: (1) a statement that the individual by or on behalf of whom the writ is sought is unlawfully confined or restrained; (2) the place where the individual is confined or restrained, if known; (3) the name and any official capacity of the person by whom the individual is confined or restrained or, if not known, a description sufficient to enable that person to be identified; (4) the circumstances and the cause of the confinement; and (5) if the confinement is pursuant to a judgment or order of a court, the name of the court, the date of the judgment or order, and the case number, if known. (b) Certain confinements. If a petition is filed by or on behalf of an individual confined as a result of a sentence for a criminal offense, of an order in a juvenile proceeding, or of a judgment of contempt of court, the petition, in addition to complying with the provisions of section (a) of this Rule, shall state, to the best of the petitioner's knowledge, information, and belief: (1) whether any previous petition for habeas corpus or other post conviction relief has been filed with respect to the confinement; (2) with respect to each previous petition for habeas corpus or other post conviction relief: (A) the

court or judge to whom the petition was directed, (B) all grounds of the petition, (C) the determination made on the petition, (D) whether any appeal or application for leave to appeal was filed from any order on the petition, and (E) any determination made on the appeal or application for leave to appeal; and (3) all grounds for the issuance of the writ that were not asserted in any previous petition for habeas corpus or other post conviction relief. MARYLAND RULES TITLE 15. OTHER SPECIAL PROCEEDINGS CHAPTER 300. HABEAS CORPUS Md. Rule 15-303 (2012) Rule 15-303. Procedure on petition (a) Generally. Upon receiving a petition for a writ of habeas corpus, the judge immediately shall refer it as provided in section (c) of this Rule or act on the petition as provided in section (d) or (e) of this Rule, except that if the petition seeks a writ of habeas corpus for the purpose of determining admission to bail or the appropriateness of any bail set, the judge may proceed in accordance with section (b) of this Rule. (b) Bail. (1) Pretrial. If a petition by or on behalf of an individual who is confined prior to or during trial seeks a writ of habeas corpus for the purpose of determining admission to bail or the appropriateness of any bail set, the judge to whom the petition is directed may deny the petition without a hearing if a judge has previously determined the individual's eligibility for pretrial release or the conditions for such release pursuant to Rule 4-216 and the petition raises no grounds sufficient to warrant issuance of the writ other than grounds that were raised when the earlier pretrial release determination was made. Cross references. -- Rule 4-213 (c). (2) After conviction. (A) Except as otherwise provided in subsection (2)(B) of this section, if a petition by or on behalf of an individual confined as a result of a conviction pending sentencing or exhaustion of appellate review seeks a writ of habeas corpus for the purpose of determining admission to bail or the appropriateness of any bail set, the judge to whom the petition is directed may deny the writ and order that the petition be treated as a motion for release or for amendment of an order of release pursuant to Rule 4-349. Upon entry of the order, the judge shall transmit the petition, a certified copy of the order, and any other pertinent papers to the trial judge who presided at the proceeding as a result of which the individual was confined. Upon receiving of the transmittal, the trial judge shall proceed in accordance with Rule 4-349.

(B) If a petition directed to a circuit court judge is filed by or on behalf of an individual confined as a result of a conviction in the District Court that has been appealed to a circuit court, the circuit court judge shall act on the petition and may not transmit or refer the petition to a District Court judge. (c) Referral. If the petition is made by or on behalf of an individual confined or restrained as the result of a prior judicial proceeding, a judge to whom the petition has been made may refer the petition, without taking other action, to the administrative judge of the court in which the prior proceeding was held. In exercising the discretion to refer the petition, the judge to whom the petition has been directed shall consider the interests and convenience of the parties and the State. Upon receiving the referral, the administrative judge shall assign the petition to a judge in accordance with the assignment procedures of that court, except that, without the written consent of the individual confined or restrained, the petition shall not be assigned to any judge who sat at the proceeding as a result of which the individual was confined or restrained. The judge to whom the petition has been assigned may not further refer the petition and shall act on it immediately pursuant to section (d) or (e) of this Rule. (d) Show cause order. (1) Entry; contents. If the individual is confined as a result of a sentence in a criminal case, including a proceeding for criminal contempt other than a direct criminal contempt summarily punished, or as a result of a disposition or post-dispositional order following an adjudication of delinquency in a juvenile proceeding, the judge, prior to taking any further action, may enter an order directed to the person having custody of the individual to show cause why the writ should not issue. The show cause order may be entered regardless of whether the petition complies with Rule 15-302. The show cause order shall: (A) state a date by which the order must be served upon the person having custody of the individual; (B) state a date by which the person having custody may file a response and a date by which a copy of any response must be served on the petitioner in accordance with subsection (4) of this section; (C) state that the petitioner may file a reply to the response within 30 days after service of the response; and (D) require the petitioner to serve a copy of any reply on the person having custody by first class mail, postage prepaid. (2) Service of show cause order. The show cause order, together with a copy of the petition, shall be served by certified mail on the person having custody of the individual confined. The show cause order shall be served by first class mail, postage prepaid, on the petitioner. (3) Notice in response. A response to the show cause order shall include notice to the petitioner in

substantially the following form:

NOTICE TO

, PETITIONER

(Name of Petitioner) This response alleges your petition for a writ of habeas corpus should be denied because (check all that apply): [] There is no good reason why new grounds now raised by the petition were not raised in previous proceedings. [] There has been unjustified delay in filing the petition and that delay has prejudiced the ability of (Name of person having custody of the individual confined) to respond to the petition. [] Other reasons for denial (specify):

You may file a reply to this response. Any reply must be filed with the court by [Calendar Date] and you must mail a copy of your reply to . (Name of person having custody) If you do not file a reply by that date or if your reply does not show the court a good reason why the allegations in this response are wrong, the court may deny your petition. Committee note. -- The calendar date for a reply shall be 30 days after personal service is made or 33 days after service by mail is mailed. (4) Service of response. The person having custody shall serve a copy of the response on the

petitioner or the petitioner's attorney by first class mail, postage prepaid, or by hand-delivery. The response shall be accompanied by a certificate of service showing the date and manner of making service and, if service is by hand-delivery, the name of the individual making service. (5) If show cause order or response not timely served. If (A) the show cause order was not timely served upon the person having custody and the person having custody has not filed a response or (B) the response was not timely served upon the petitioner and the petitioner has not filed a reply, the judge shall either reissue the show cause order or set the matter in for a hearing. (e) Action on petition. (1) Preliminary determination. Unless the judge refers the petition pursuant to section (c) of this Rule, the judge shall first determine whether the petition complies with the provisions of Rule 15302, except that if a show cause order was entered in accordance with section (d) of this Rule, the judge may defer making this determination until the time for a reply has expired. In determining whether the writ should be granted or denied, a judge shall consider any response or reply filed pursuant to a show cause order entered under section (d) of this Rule and may examine public records. (2) Noncompliance with Rule 15-302. If the petition fails to comply with the provisions of Rule 15-302, the judge may (A) deny the petition; (B) permit the petition to be amended or supplemented; or (C) grant the writ if there is a sufficient showing of probable illegal confinement or restraint. (3) Compliance with Rule 15-302. If the petition complies with the provisions of Rule 15-302, the judge shall grant the writ unless: (A) the judge finds from the petition, any response, reply, document filed with the petition or with a response or reply, or public record that the individual confined or restrained is not entitled to any relief; (B) the petition is made by or on behalf of an individual confined as a result of a sentence for a criminal offense, of an order in a juvenile proceeding, or of a judgment of contempt of court, the legality of the confinement was determined in a prior habeas corpus or other post conviction proceeding, and no new ground is shown sufficient to warrant issuance of the writ; (C) there is no good reason why new grounds now raised by the petitioner were not raised in previous proceedings; or (D) there has been an unjustified delay in filing the petition that has prejudiced the ability of the person having custody of the individual confined or restrained to respond to the petition. (4) Exception; notice, reply. The judge may not deny the writ on a ground set forth in subsection (e) (3) (C) or (e) (3) (D) of this Rule unless the petitioner has been given notice of that ground and has had an opportunity to reply, either in accordance with section (d) of this Rule or as otherwise directed by the court.

HISTORY: (Amended Sept. 10, 2009, effective Oct. 1, 2009.) MARYLAND RULES TITLE 15. OTHER SPECIAL PROCEEDINGS CHAPTER 300. HABEAS CORPUS Md. Rule 15-304 (2012) Rule 15-304. Alternate remedy -- Post Conviction Procedure Act When a petition for a writ of habeas corpus is filed by or on behalf of an individual confined as a result of a sentence for a criminal offense, including a criminal contempt, or a commitment order in a juvenile delinquency proceeding, the judge may order that the petition be treated as a petition under the Post Conviction Procedure Act if the individual confined consents in writing or on the record and the judge is satisfied that the post conviction proceeding is adequate to test the legality of the confinement. Upon entry of the order, the judge shall transmit the petition, a certified copy of the order, and any other pertinent papers to the court in which the sentence or judgment was entered. Subsequent procedure shall be as in a post conviction proceeding. Cross references. -- See Rules 4-401 through 4-408 and Code, Criminal Procedure Article, 7101 -- 7-108 and 7-201 -- 7-204. HISTORY: (Amended Jan. 8, 2002, effective Feb. 1, 2002.) MARYLAND RULES TITLE 15. OTHER SPECIAL PROCEEDINGS CHAPTER 300. HABEAS CORPUS Md. Rule 15-305 (2012) Rule 15-305. To whom writ directed -- Before whom returnable A writ of habeas corpus shall be directed to the person having custody of the individual confined or restrained. The writ shall be returnable before the judge granting it or, in the discretion of that judge, before some other judge designated in the writ except that without the written consent of the individual confined or restrained, the judge designated in the writ shall not be a judge who sat at the proceeding as a result of which the individual was confined or restrained. In exercising the discretion granted by this Rule, the judge granting the writ shall consider the interests and convenience of the parties and the State. MARYLAND RULES TITLE 15. OTHER SPECIAL PROCEEDINGS CHAPTER 300. HABEAS CORPUS

Md. Rule 15-306 (2012) Rule 15-306. Service of writ; appearance by individual; affidavit (a) Service. Except as provided in section (c) of this Rule, a writ of habeas corpus and a copy of the petition shall be served by delivering them to the person to whom the writ is directed or by mailing them by first class mail, postage prepaid, as ordered by the court. Cross references. -- See Rules 2-121 and 3-121. (b) Production of individual. At the time stated in the writ, which, unless the court orders otherwise, shall not be later than three days after service of the writ, the person to whom the writ is directed shall cause the individual confined or restrained to be taken before the judge designated in the writ. If the petition is by or behalf of an individual confined or restrained pursuant to an isolation or quarantine directive or order issued under any federal, State, or local public health law or public emergency law, production of the individual may be by means of a telephonic conference call, live closed circuit television, live internet or satellite video conference transmission, or other available means of communication that reasonably permit the individual to participate in the proceedings. Cross references. -- For proceedings brought pursuant to Code, Health-General Article, 18-906 and Code, Public Safety Article, 14-3A-05, see the Rules in Title 15, Chapter 1100. (c) Immediate appearance. Subject to section (b) of this Rule, if the judge finds probable cause to believe that the person having custody of the individual by or on whose behalf the petition was filed is about to remove the individual or would evade or disobey the writ, the judge shall include in the writ an order directing the person immediately to appear, together with the individual confined or restrained, before the judge designated in the writ. The sheriff to whom the writ is delivered shall serve the writ immediately, together with a copy of the petition, on the person having custody of the individual confined or restrained and shall bring that person, together with the individual confined or restrained, before the judge designated in the writ. HISTORY: (Amended May 9, 2000, effective July 1, 2000; June 7, 2011, effective July 1, 2011.) MARYLAND RULES TITLE 15. OTHER SPECIAL PROCEEDINGS CHAPTER 300. HABEAS CORPUS Md. Rule 15-307 (2012) Rule 15-307. Absence of judge -- Return to another court or judge If the judge designated in the writ is unavailable when the individual confined or restrained is produced, the individual shall be taken before another judge of the same judicial circuit. If the individual is confined or restrained as a result of a sentence for a criminal offense, including a criminal contempt, or as a result of an order in a juvenile proceeding, the individual shall not be

taken before a judge who sat at any proceeding as a result of which the individual was confined or restrained unless the individual consents in writing. MARYLAND RULES TITLE 15. OTHER SPECIAL PROCEEDINGS CHAPTER 300. HABEAS CORPUS Md. Rule 15-308 (2012) Rule 15-308. Notice to State's Attorney and Attorney General If a judge grants a writ with respect to an individual confined as a result of a sentence for a criminal offense, including a criminal contempt, or as a result of an order in a juvenile proceeding, the judge shall instruct the clerk to give notice of the time and place of the hearing to the State's Attorney for the county in which the sentence or order was entered. If the petition presents an issue of illegal confinement in the Division of Correction unrelated to the underlying conviction or order, notice shall also be directed to the Attorney General. MARYLAND RULES TITLE 15. OTHER SPECIAL PROCEEDINGS CHAPTER 300. HABEAS CORPUS Md. Rule 15-309 (2012) Rule 15-309. Hearing (a) Generally. Upon the production of the individual confined or restrained, the judge shall conduct a hearing immediately to inquire into the legality and propriety of the individual's confinement or restraint. The individual confined or restrained for whom the writ is issued may offer evidence to prove the lack of legal justification for the confinement or restraint, and evidence may be offered on behalf of the person having custody to refute the claim. (b) Conduct of Hearing If Isolation or Quarantine. If, pursuant to an isolation or quarantine directive or order issued under any federal, State, or local public health law or public emergency law, one or more of the parties, their counsel, or witnesses are unable to appear personally at the hearing, and the fair and effective adjudication of the proceedings permits, the court may: (1) admit documentary evidence submitted or proffered by courier, facsimile, or other electronic means; (2) if feasible, conduct the proceedings by means of a telephonic conference call, live closed circuit television, live internet or satellite video conference transmission, or other available means of communication that reasonably permits the parties or their authorized representatives to participate in the proceedings; and (3) decline to require strict application of the rules of evidence other than those relating to the competency of witnesses and lawful privileges.

HISTORY: (Amended Sept. 10, 2009, effective Oct. 1, 2009; June 7, 2011, effective July 1, 2011.) MARYLAND RULES TITLE 15. OTHER SPECIAL PROCEEDINGS CHAPTER 300. HABEAS CORPUS Md. Rule 15-310 (2012) Rule 15-310. Disposition (a) Appropriate remedy. If the judge determines that the individual is confined or restrained without legal warrant or authority, the judge shall order that the individual be released or discharged immediately, or shall enter such other order as justice may require. If the judge determines that the confinement or restraint is lawful and proper, the individual shall be remanded to custody or admitted to bail pending trial or retrial. (b) Errors on face of commitment -- Correction. The judge to whom the writ is returned shall not discharge the individual confined or restrained merely because of errors, omissions, or irregularities on the face of the warrant or other written authority for commitment. The judge may direct that the warrant or other written authority be sent for correction to the court or judicial officer who issued it and that, after correction, it be redelivered to the person having custody of the individual. MARYLAND RULES TITLE 15. OTHER SPECIAL PROCEEDINGS CHAPTER 300. HABEAS CORPUS Md. Rule 15-311 (2012) Rule 15-311. Memorandum by judge The judge to whom the petition is made or referred shall prepare and file or dictate into the record a memorandum setting forth the grounds of the petition, the questions involved, and the reasons for the action taken. A copy of the memorandum or a transcription of the dictation shall be sent to the petitioner and the person having custody of the individual confined or restrained. HISTORY: (Amended Nov. 1, 2001, effective Jan. 1, 2002.) MARYLAND RULES TITLE 15. OTHER SPECIAL PROCEEDINGS CHAPTER 300. HABEAS CORPUS Md. Rule 15-312 (2012) Rule 15-312. Discharge on ground of unconstitutionality -- Review When an individual is released or discharged under a writ of habeas corpus on the ground that all or part of the statute or law under which the individual was convicted is unconstitutional, the

memorandum or the transcription required by Rule 15-311 shall be filed by the judge within five days after the judge orders the release or discharge. The clerk shall promptly transmit the record to the Clerk of the Court of Special Appeals for further proceedings. MARYLAND RULES TITLE 15. OTHER SPECIAL PROCEEDINGS CHAPTER 400. HEALTH CLAIMS ARBITRATION Md. Rule 15-401 (2012) Rule 15-401. Judicial review -- Health claims arbitration The rules in this Chapter apply to judicial review of an award determining a health care malpractice claim under Code, Courts Article, Title 3, Subtitle 2A and to an assessment of costs under an award. MARYLAND RULES TITLE 15. OTHER SPECIAL PROCEEDINGS CHAPTER 400. HEALTH CLAIMS ARBITRATION Md. Rule 15-402 (2012) Rule 15-402. Definitions In these Rules the following definitions apply except as expressly otherwise provided or as necessary implication requires: (a) Arbitration panel. "Arbitration panel" means the arbitrators selected to determine a health care malpractice claim in accordance with Code, Courts Article, Title 3, Subtitle 2A. (b) Award. "Award" means a final determination of a health care malpractice claim by an arbitration panel or by the panel chair. Cross references. -- For the authority of the panel chair to rule on issues of law, see Code, Courts Article, 3-2A-05 (a). (c) Defendant. "Defendant" means the health care provider. (d) Director. "Director" means the Director of the Health Care Alternative Dispute Resolution Office. (e) Plaintiff. "Plaintiff" means the party making a claim against a health care provider. HISTORY: (Amended Nov. 8, 2005, effective Jan. 1, 2006.)

MARYLAND RULES TITLE 15. OTHER SPECIAL PROCEEDINGS CHAPTER 400. HEALTH CLAIMS ARBITRATION Md. Rule 15-403 (2012) Rule 15-403. Action to reject health claims award or assessment of costs (a) Rejection of award or costs. A party may reject for any reason an award, the assessment of costs under an award, or both. An action to reject filed pursuant to this Rule constitutes the notice of rejection required by Code, Courts Article, 3-2A-06 (a). An action to reject shall not impair the award or the assessment of costs as to any party before the arbitration panel who has not rejected the award or the assessment of costs and is not named as a defendant in the action. (b) Plaintiff's action to reject. (1) How commenced. The plaintiff shall commence an action to reject by filing a complaint with a circuit court or with any other court of competent jurisdiction. The complaint shall (A) identify the award and state whether the award, the assessment of costs, or both are being rejected, (B) state that the plaintiff is the rejecting party, and (C) identify all defendants as to whom the plaintiff rejects the award, the assessment of the costs, or both. If the complaint is filed in a circuit court, it shall comply with Rules 2-303 through 2-305. The complaint may state that the amount of damages sought is more than the required jurisdictional amount, but the amount sought shall not be stated. Committee note. -- See Ott v. Kaiser Georgetown Health Plan, 309 Md. 641 (1987), recognizing that an action to reject an award may be filed in a United States District Court. (2) Time for filing. The complaint shall be filed within the later of (A) 30 days after the Director serves the award or the assessment of costs or (B) ten days after service by the chair of the panel or the Director, whichever first occurs, of the disposition of a timely-filed application for modification or correction. A complaint filed before the disposition of an application does not deprive the panel of jurisdiction to dispose of the application. The action in the circuit court shall not proceed until the date a copy of the disposition is filed in that court. All time periods provided for in this Rule shall begin to run from that date. (c) Defendant's action to reject. (1) How commenced. The defendant shall commence an action to reject an award, the assessment of costs, or both by filing a notice of action to reject with the Director. The notice shall (A) identify the award, state whether the award, the assessment of costs, or both are being rejected, (B) state that the defendant is the rejecting party, (C) identify all plaintiffs as to whom the defendant rejects the award, the assessment of costs, or both, and (D) allege that the monetary amount being rejected is more than the required jurisdictional amount. (2) Time for filing. The notice shall be filed within the later of (A) 30 days after the Director serves

the award or the assessment of costs or (B) ten days after service by the chair of the panel or the Director, whichever first occurs, of the disposition of a timely-filed application for modification or correction. A notice filed before the disposition of an application does not deprive the panel of jurisdiction to consider the application. (3) Plaintiff to file complaint. When a defendant files a notice of action to reject, a plaintiff who desires to contest the action or reject the award or the assessment of costs shall file a complaint against any rejecting defendants and any defendants as to whom the plaintiff rejects the award or the assessment of costs. The complaint shall be filed within the later of (A) 30 days after service of the notice or (B) ten days after service by the chair of the panel or the Director, whichever first occurs, of the disposition of a timely-filed application for modification or correction. The complaint shall (A) identify the award and whether the award, the assessment of costs, or both are being rejected, (B) state who rejects the award, the assessment of costs, or both, and (C) identify all parties against whom the award, the assessment of costs, or both are rejected. If the complaint is filed in a circuit court, it shall comply with Rules 2-303 through 2-305. The complaint may state that the amount of damages sought is more than the required jurisdictional amount, but the amount sought shall not be stated. (d) Service. (1) Of complaint. The plaintiff shall serve the complaint upon each defendant named in the complaint, the Director, and all other parties to the arbitration proceeding. Service upon the defendant shall be either in the manner prescribed by Rule 2-121 or, if the defendant was represented by counsel in the arbitration proceeding, on counsel by certified mail, return receipt requested. Service upon all other parties to the arbitration proceeding and upon the Director shall be in the manner prescribed by Rule 1-321. (2) Of notice of action to reject. The defendant shall serve a copy of the notice to reject upon the plaintiff and all other parties to the arbitration proceeding. Service upon the plaintiff shall be either in the manner prescribed by Rule 2-121 or, if the plaintiff was represented by counsel in the arbitration proceeding, on counsel by certified mail, return receipt requested. Service upon all other parties to the arbitration proceeding shall be in the manner prescribed by Rule 1-321. (e) Modification, correction, or vacation of award or assessment of costs by court. (1) Motion; when filed. In an action to reject, an allegation that an award or the assessment of costs is improper because of any ground stated in Code, Courts Article, 3-223 (b), 3-224 (b) (1), (2), (3), or (4), or 3-2A-05 (h) shall be made by motion filed at least 30 days before trial, or the ground is waived. The court shall decide the motion before trial. (2) Modification of award. If the court finds that a condition stated in Code, Courts Article, 3223 (b) exists, or that the award or assessment of costs was not appropriately modified in accordance with Code, Courts Article, 3-2A-05 (h), it shall modify or correct the award or the assessment of costs. If the rejecting party still desires to proceed with judicial review, the modified or corrected award or the assessment of costs shall be substituted for the original award.

(3) Vacation of award. If the court finds that a condition stated in Code, Courts Article, 3-224 (b) (1), (2), (3), or (4) exists, it shall vacate the award or the assessment of costs, and trial of the case shall proceed as if there had been no award or assessment of costs. MARYLAND RULES TITLE 15. OTHER SPECIAL PROCEEDINGS CHAPTER 500. INJUNCTIONS Md. Rule 15-501 (2012) Rule 15-501. Injunctions -- Definitions The following definitions apply in the rules in this Chapter: (a) Injunction. "Injunction" means an order mandating or prohibiting a specified act. (b) Preliminary injunction. "Preliminary injunction" means an injunction granted after opportunity for a full adversary hearing on the propriety of its issuance but before a final determination of the merits of the action. (c) Temporary restraining order. "Temporary restraining order" means an injunction granted without opportunity for a full adversary hearing on the propriety of its issuance. MARYLAND RULES TITLE 15. OTHER SPECIAL PROCEEDINGS CHAPTER 500. INJUNCTIONS Md. Rule 15-502 (2012) Rule 15-502. Injunctions -- General provisions (a) Exception to applicability -- Labor disputes. Rules 15-501 through 15-505 do not modify or supersede Code, Labor and Employment Article, Title 4, Subtitle 3 or affect the prerequisites for obtaining, or the jurisdiction to grant, injunctions under those Code sections. (b) Issuance at any stage. Subject to the rules in this Chapter, the court, at any stage of an action and at the instance of any party or on its own initiative, may grant an injunction upon the terms and conditions justice may require. (c) Adequate remedy at law. The court may not deny an injunction solely because the party seeking it has an adequate remedy in damages unless the adverse party has filed a bond with security that the court finds adequate to provide for the payment of all damages and costs that the adverse party might be adjudged to pay by reason of the alleged wrong. (d) Not binding without notice. An injunction is not binding on a person until that person has been personally served with it or has received actual notice of it by any means.

(e) Form and scope. The reasons for issuance or denial of an injunction shall be stated in writing or on the record. An order granting an injunction shall (1) be in writing (2) be specific in terms, and (3) describe in reasonable detail, and not by reference to the complaint or other document, the act sought to be mandated or prohibited. (f) Modification or dissolution. A party or any person affected by a preliminary or a final injunction may move for modification or dissolution of an injunction. HISTORY: (Amended Nov. 12, 2003, effective Jan. 1, 2004.) MARYLAND RULES TITLE 15. OTHER SPECIAL PROCEEDINGS CHAPTER 500. INJUNCTIONS Md. Rule 15-503 (2012) Rule 15-503. Bond -- Temporary restraining order and preliminary injunction (a) Generally. Except as otherwise provided in this Rule, a court may not issue a temporary restraining order or preliminary injunction unless a bond has been filed. The bond shall be in an amount approved by the court for the payment of any damages to which a party enjoined may be entitled as a result of the injunction. (b) State of Maryland. If the injunction is sought by the State of Maryland, a political subdivision of the State of Maryland, or an officer or agency of the State or subdivision, the court may dispense with the requirement of a bond and shall do so when required by law. (c) Waiver. On request, the court may dispense with the requirement of surety or other security for a bond if it is satisfied that (1) the person is unable to provide surety or other security for the bond, (2) substantial injustice would result if an injunction did not issue, and (3) the case is one of extraordinary hardship. The request shall be supported by an affidavit or testimony under oath stating the grounds for entitlement to the waiver. MARYLAND RULES TITLE 15. OTHER SPECIAL PROCEEDINGS CHAPTER 500. INJUNCTIONS Md. Rule 15-504 (2012) Rule 15-504. Temporary restraining order (a) Standard for granting. A temporary restraining order may be granted only if it clearly appears from specific facts shown by affidavit or other statement under oath that immediate, substantial, and irreparable harm will result to the person seeking the order before a full adversary hearing can be held on the propriety of a preliminary or final injunction. (b) Without notice. A temporary restraining order may be granted without written or oral notice only if the applicant or the applicant's attorney certifies to the court in writing, and the court finds,

that specified efforts commensurate with the circumstances have been made to give notice. Before ruling, the judge may communicate informally with other parties and any other person against whom the order is sought or their attorneys. (c) Contents and duration. In addition to complying with Rule 15-502 (e), the order shall (1) contain the date and hour of issuance; (2) define the harm that the court finds will result if the temporary restraining order does not issue; (3) state the basis for the court's finding that the harm will be irreparable; (4) state that a party or any person affected by the order may apply for a modification or dissolution of the order on two days' notice, or such shorter notice as the court may prescribe, to the party who obtained the order; and (5) set forth an expiration date, which shall be not later than ten days after issuance for a resident and not later than 35 days after issuance for a nonresident. The order shall be promptly filed with the clerk. On motion filed pursuant to Rule 1204, the court by order may extend the expiration date for no more than one additional like period, unless the person against whom the order is directed consents to an extension for a longer period. The order shall state the reasons for the extension. (d) Service; binding effect. A temporary restraining order shall be served promptly on the person to whom it is directed, but it shall be binding on that person upon receipt of actual notice of it by any means. (e) Denial. If the court denies a temporary restraining order, the clerk shall note the denial by docket entry in accordance with Rule 2-601 (b). (f) Modification or dissolution. A party or person affected by the order may apply for modification or dissolution of the order on two days' notice to the party who obtained the temporary restraining order, or on such shorter notice as the court may prescribe. The court shall proceed to hear and determine the application at the earliest possible time. The party who obtained the temporary restraining order has the burden of showing that it should be continued. HISTORY: (Amended Nov. 12, 2003, effective Jan. 1, 2004.) MARYLAND RULES TITLE 15. OTHER SPECIAL PROCEEDINGS CHAPTER 500. INJUNCTIONS Md. Rule 15-505 (2012) Rule 15-505. Preliminary injunction (a) Notice. A court may not issue a preliminary injunction without notice to all parties and an opportunity for a full adversary hearing on the propriety of its issuance. (b) Consolidation with trial on merits. Before or after commencement of the hearing on the preliminary injunction, the court may order that a trial on the merits be advanced and consolidated with the preliminary injunction hearing, so long as any right to trial by jury is preserved. HISTORY: (Amended Nov. 12, 2003, effective Jan. 1, 2004.)

MARYLAND RULES TITLE 15. OTHER SPECIAL PROCEEDINGS CHAPTER 600. JUDICIAL RELEASE Md. Rule 15-601 (2012) Rule 15-601. Judicial release of individuals confined for mental disorders (a) Statutory definitions. The definitions stated in Code, Health-General Article, 10-101 are applicable to this Rule except that in this Rule, the term "facility" includes hospitals operated by the Department of Veterans Affairs. (b) Applicability. This Rule applies to petitions filed pursuant to Code, Health-General Article, 10-805 for release from a facility. (c) Contents of petition. A petition for judicial release of a patient from a facility treating or caring for patients with mental disorders shall be titled "In the Matter of for the Judicial Release From ". The petition shall comply with Rules 2-303 through 2-305 and shall set forth: (1) the name and address of the petitioner; (2) the name of the patient and the facility at which the patient is confined; (3) if the petition is filed by a person other than the patient, the petitioner's relationship to the patient and a description of the interest of the petitioner in the welfare of the patient; (4) petitioner's best information as to the date of admission of the patient to the facility; (5) whether the admission was voluntary or involuntary; (6) the ground upon which the release is requested, which shall be that at the time the petition is filed one of the following is true: (A) the patient has no mental disorder; or (B) if the patient has a mental disorder, the disorder does not require inpatient medical care or treatment for the protection of the patient or others; (7) a statement to the best of the petitioner's knowledge as to whether there were previous proceedings for the judicial release of the patient and, if so, a description of the proceedings, including a docket reference and any outcome; and (8) if a jury trial is desired, a request for jury trial in the form prescribed in Rule 2-325. MARYLAND RULES TITLE 15. OTHER SPECIAL PROCEEDINGS CHAPTER 700. MANDAMUS Md. Rule 15-701 (2012)

Rule 15-701. Mandamus (a) Applicability. This Rule applies to actions for writs of mandamus other than administrative mandamus pursuant to Title 7, Chapter 400 of these Rules or mandamus in aid of appellate jurisdiction. (b) Commencement of action. An action for a writ of mandamus shall be commenced by the filing of a complaint, the form and contents of which shall comply with Rules 2-303 through 2-305. The plaintiff shall have the right to claim and prove damages, but a demand for general relief shall not be permitted. Committee note. -- Because a mandamus action is similar to an ordinary civil proceeding, the discovery rules and the Rules in Title 5 apply. Code, Courts Article, 3-8B-02 provides: "An action for a writ of mandamus shall be tried by a jury on request of either party." This has been judicially interpreted to apply to fact questions. See Cicala v. Disability Review Board for Prince George's County, 288 Md. 254 (1980). (c) Defendant's response. The defendant may respond to the complaint as provided in Rule 2-322 or Rule 2-323. An answer shall fully and specifically set forth all defenses upon which the defendant intends to rely. (d) Amendment. Amendment of pleadings shall be in accordance with Rule 2-341. (e) Writ of mandamus. (1) Contents and compliance. The writ shall be peremptory in form and shall require the defendant to perform immediately the duty sought to be enforced, unless for good cause shown the court extends the time for compliance. The writ need not recite the reasons for its issuance. (2) Certificate of compliance. Immediately after compliance, the defendant shall file a certificate stating that all the acts commanded by the writ have been fully performed. (3) Enforcement. Upon application by the plaintiff, the court may proceed under Rule 2-648 against a party who disobeys the writ. (f) Adequate remedy at law. The existence of an adequate remedy in damages does not preclude the issuance of the writ unless the defendant establishes that property exists from which damages can be recovered or files a sufficient bond to cover all damages and costs. HISTORY: (Amended Nov. 8, 2005, effective Jan. 1, 2006.) MARYLAND RULES TITLE 15. OTHER SPECIAL PROCEEDINGS CHAPTER 800. MARYLAND AUTOMOBILE INSURANCE FUND Md. Rule 15-801 (2012)

Rule 15-801. Actions involving the Maryland Automobile Insurance Fund The rules in this Chapter apply to actions involving the Maryland Automobile Insurance Fund that are authorized by Code, Insurance Article, 20-601. HISTORY: (Amended May 9, 2000, effective July 1, 2000.) MARYLAND RULES TITLE 15. OTHER SPECIAL PROCEEDINGS CHAPTER 800. MARYLAND AUTOMOBILE INSURANCE FUND Md. Rule 15-802 (2012) Rule 15-802. Definitions In Rules 15-803 through 15-805 the following definitions apply: (a) Claimant. "Claimant" means a person who claims damages resulting from an act or omission of a disappearing motorist, an unidentified motorist, or an uninsured motorist. Cross references. -- Code, Insurance Article, 20-601. (b) Disappearing motorist. "Disappearing motorist" means a motor vehicle owner or operator (1) whose identity is known but whose whereabouts cannot be ascertained for the purpose of serving process and (2) who was uninsured at the time of the act or omission or whose status as insured or uninsured cannot be ascertained, after all reasonable efforts have been made. (c) Executive Director. "Executive Director" means the Executive Director of the Maryland Automobile Insurance Fund or a designee of the Executive Director. (d) Fund. "Fund" means the Maryland Automobile Insurance Fund. (e) Unidentified motorist. "Unidentified motorist" means a motor vehicle owner or operator whose identity and whereabouts are not known. (f) Uninsured motorist. "Uninsured motorist" means a motor vehicle owner or operator whose whereabouts are ascertainable for the purpose of serving process, but who was uninsured at the time of the act or omission. HISTORY: (Amended May 9, 2000, effective July 1, 2000.) MARYLAND RULES TITLE 15. OTHER SPECIAL PROCEEDINGS CHAPTER 800. MARYLAND AUTOMOBILE INSURANCE FUND Md. Rule 15-803 (2012)

Rule 15-803. Uninsured motorist -- Action against motorist (a) Against whom brought. An action on a claim against an uninsured motorist shall be brought against the uninsured motorist. The Fund shall not be named as a defendant. (b) Notice to Executive Director. Within 15 days after the filing of the complaint, the claimant shall mail a copy of the complaint and summons to the Executive Director. Failure to give notice pursuant to this section shall not defeat the claim against the Fund if the Fund has reasonable notice of the pendency of the action and a reasonable opportunity to defend. (c) Order for payment. (1) By consent. After entry of a money judgment against the uninsured motorist, the claimant may file with the court a stipulation, signed by the Executive Director, setting forth the deductions required by law and consenting to entry of an order directing payment of a specified amount by the Fund. (2) On motion. After entry of a money judgment against the uninsured motorist, the claimant may file a motion for payment of a specified amount by the Fund. The motion shall be supported by affidavit, shall set forth the grounds for entitlement to payment by the Fund and all the deductions required by law, and shall be served on the Executive Director. HISTORY: (Amended May 9, 2000, effective July 1, 2000.) MARYLAND RULES TITLE 15. OTHER SPECIAL PROCEEDINGS CHAPTER 800. MARYLAND AUTOMOBILE INSURANCE FUND Md. Rule 15-804 (2012) Rule 15-804. Unidentified or disappearing motorist -- Action against Fund (a) Against whom brought. An action on a claim against an unidentified or disappearing motorist shall be brought against the Fund. (b) Condition precedent to action against Fund. Prior to bringing an action against the Fund for damages resulting from an act or omission of an unidentified motorist or a disappearing motorist, the claimant shall first present a request to the Executive Director, in the manner and form prescribed by the Executive Director, for a stipulation by the Fund that the claimant has met the procedural requirements for bringing an action against the Fund. (c) Venue. The venue of an action against the Fund shall be either the county in which the claimant resides or the county in which the alleged act or omission by the unidentified motorist or disappearing motorist occurred. (d) Complaint. In addition to complying with Rules 2-303 through 2-305, the complaint shall

contain a statement as to whether the stipulation requested pursuant to section (b) of this Rule was granted or refused. If the stipulation was granted, a copy of the stipulation shall be filed with the complaint. (e) Motion to dismiss. If the stipulation requested pursuant to section (b) of this Rule was refused, the Fund, within the time for filing an answer to the complaint, may file a motion to dismiss the complaint for failure of the claimant to meet the procedural requirements for bringing an action against the Fund. This defense may be joined with any other defense raised by motion pursuant to Rule 2-322 and is waived if not raised by motion before an answer is filed. When a motion is filed pursuant to this section, the time for filing an answer is extended without special order of the court to 15 days after entry of an order denying the motion. (f) Order for payment. (1) By consent. After determination of the claimant's gross damages, the claimant may file a stipulation, signed by the Executive Director, setting forth the deductions required by law and consenting to entry of an order directing payment of a specified amount by the Fund. (2) On motion. After determination of the claimant's gross damages, either party may file a motion for an order directing payment by the Fund of a specified amount. The motion shall set forth the deductions required by law. HISTORY: (Amended May 9, 2000, effective July 1, 2000.) MARYLAND RULES TITLE 15. OTHER SPECIAL PROCEEDINGS CHAPTER 800. MARYLAND AUTOMOBILE INSURANCE FUND Md. Rule 15-805 (2012) Rule 15-805. Consent judgment If the claimant and the Fund enter into a settlement agreement, in an action involving a claim for payment by the Fund, the court may enter a judgment by consent of the parties upon the filing of a motion setting forth the grounds for the claimant's entitlement to payment by the Fund, all the deductions required by law, and the amount of the agreed settlement. The motion shall be accompanied by a stipulation signed by the Executive Director consenting to entry of an order directing payment of a specified amount by the Fund. MARYLAND RULES TITLE 15. OTHER SPECIAL PROCEEDINGS CHAPTER 900. NAME -- CHANGE OF Md. Rule 15-901 (2012) Rule 15-901. Action for change of name

(a) Applicability. This Rule applies to actions for change of name other than in connection with an adoption or divorce. (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. (c) Petition. (1) Contents. The action for change of name shall be commenced by filing a petition captioned "In the Matter of ..." [stating the name of the person whose name is sought to be changed] "for change of name to ..." [stating the change of name 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 whose name is sought to be changed; (B) whether the person whose name is sought to be changed has ever been known by any other name and, if so, the name or names and the circumstances under which they were used; (C) the change of name desired; (D) all reasons for the requested change; (E) a certification that the petitioner is not requesting the name change for any illegal or fraudulent purpose; (F) if the person whose name is sought to be changed is a minor, the names and addresses of that person's parents and any guardian or custodian; and (G) whether the person whose name is sought to be changed has ever registered as a sexual offender and, if so, the full name(s) (including suffixes) under which the person was registered. Cross references. -- See Code, Criminal Procedure Article, 11-705, 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 within seven days after the order is entered. (2) Documents to be attached to petition. The petitioner shall attach to the petition 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) 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) 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. Upon the filing of the petition, the clerk shall sign and issue a notice 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. (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) 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 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 person desiring a hearing shall so request in the objection or response under the heading "Request for Hearing." (g) Action by court. After the time for filing objections and responses has expired, the court may hold a hearing or may rule on the petition 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. HISTORY: (Amended April 5, 2005, effective July 1, 2005; June 7, 2011, effective July 1, 2011.) MARYLAND RULES TITLE 15. OTHER SPECIAL PROCEEDINGS CHAPTER 1000. WRONGFUL DEATH Md. Rule 15-1001 (2012) Rule 15-1001. Wrongful death (a) Applicability. This Rule applies to an action involving a claim for damages for wrongful death. Cross references. -- See Code, Courts Article, 3-901 through 3-904, relating to wrongful death claims generally. See Code, Courts Article, 5-806, relating to wrongful death claims between parents and children arising out of the operation of a motor vehicle. See also Code, Labor and

Employment Article, 9-901 et seq. relating to wrongful death claims when workers' compensation may also be available, and Code, Insurance Article, 20-601, relating to certain wrongful death claims against the Maryland Automobile Insurance Fund. See also Code, Estates and Trusts Article, 8-103, relating to the limitation on presentation of claims against a decedent's estate. (b) Plaintiff. If the wrongful act occurred in this State, all persons who are or may be entitled by law to damages by reason of the wrongful death shall be named as plaintiffs whether or not they join in the action. The words "to the use of" shall precede the name of any person named as a plaintiff who does not join in the action. (c) Notice to use plaintiff. The party bringing the action shall mail a copy of the complaint by certified mail to any use plaintiff at the use plaintiff's last known address. Proof of mailing shall be filed as provided in Rule 2-126. (d) Complaint. In addition to complying with Rules 2-303 through 2-305, the complaint shall state the relationship of each plaintiff to the decedent whose death is alleged to have been caused by the wrongful act. HISTORY: (Amended May 9, 2000, effective July 1, 2000; Jan. 8, 2002, effective Feb. 1, 2002.) MARYLAND RULES TITLE 15. OTHER SPECIAL PROCEEDINGS CHAPTER 1100. CATASTROPHIC HEALTH EMERGENCY Md. Rule 15-1101 (2012) Rule 15-1101. Construction The Rules in this Chapter shall be construed to facilitate the efficient adjudication of any proceedings brought pursuant to Code, Health-General Article, 18-906 and Code, Public Safety Article, 14-3A-05. These Rules do not prohibit an individual from seeking habeas corpus relief. HISTORY: (Added April 5, 2005, effective July 1, 2005.) MARYLAND RULES TITLE 15. OTHER SPECIAL PROCEEDINGS CHAPTER 1100. CATASTROPHIC HEALTH EMERGENCY Md. Rule 15-1102 (2012) Rule 15-1102. Definitions The definitions set forth in Code, Health-General Article, 1-101 and 18-901 and Code, Public Safety Article, 1-101 and 14-3A-01, are incorporated in this Chapter by reference. HISTORY: (Added April 5, 2005, effective July 1, 2005.)

MARYLAND RULES TITLE 15. OTHER SPECIAL PROCEEDINGS CHAPTER 1100. CATASTROPHIC HEALTH EMERGENCY Md. Rule 15-1103 (2012) Rule 15-1103. Initiation of proceeding to contest isolation or quarantine (a) Petition for Relief. An individual or group of individuals required to go to or remain in a place of isolation or quarantine by a directive of the Secretary issued pursuant to Code, HealthGeneral Article, 18-906 or Code, Public Safety Article, 14-3A-05, may contest the isolation or quarantine by filing a petition for relief in the circuit court for the county in which the isolation or quarantine is occurring or, if that court is not available, in any other circuit court. Committee note. -- Motions to seal or limit inspection of a case record are governed by Rule 161009. The right of a party to proceed anonymously is discussed in Doe v. Shady Grove Hosp., 89 Md. App. 351, 360-66 (1991). (b) Order Assigning Judge and Setting Hearing. The County Administrative Judge or that judge's designee shall enter an order (1) assigning the matter to a judge and (2) setting the date, time, and location of a hearing on the petition or directing the clerk to promptly set the hearing and notify the parties. The clerk shall provide a copy of the order to all parties, the State Court Administrator, and the Chief Judge of the Court of Appeals. Cross references. -- See Code, Health-General Article, 18-906 (b), Code, Public Safety Article, 14-3A-05 (c), and Rule 15-1104 (c) concerning the time within which a hearing is to be conducted. (c) Notice. No later than the day after the petition was filed, the clerk shall provide a copy of the petition and a notice of the date that it was filed to the Secretary or other official designated by the Secretary and to counsel to the Department of Health and Mental Hygiene. (d) Answer to Petition. The Secretary or other official designated by the Secretary may file an answer to the petition. If an answer is not filed, the allegations of the petition shall be deemed denied. HISTORY: (Added April 5, 2005, effective July 1, 2005; June 7, 2011, effective July 1, 2011.) MARYLAND RULES TITLE 15. OTHER SPECIAL PROCEEDINGS CHAPTER 1100. CATASTROPHIC HEALTH EMERGENCY Md. Rule 15-1104 (2012) Rule 15-1104. Proceedings in circuit court (a) Appointment of Counsel. If a petition has been filed pursuant to Rule 15-1103 by an individual or group not represented by counsel and the petitioner does not decline court-appointed

counsel, the circuit court shall appoint counsel in accordance with Code, Health-General Article, 18-906 (c), or the Court of Appeals shall appoint counsel in accordance with Code, Public Safety Article, 14-3A-05 (f)(2). The court making the appointment may order the Secretary to pay reasonable fees and costs of the court-appointed counsel. (b) Consolidation of Actions, Claims, and Issues. Consolidation of actions, claims, and issues is governed by Rules 2-327 and 2-503 and by Code, Health General Article, 18-906 (b)(7) or Code, Public Safety Article, 14-3A-05 (f)(1). (c) Time for Hearing. The circuit court shall conduct a hearing within three days after the date that the petition was filed, except that the court may extend the time for the hearing: (1) upon a request by the Secretary or other designated official in accordance with Code, HealthGeneral Article, 18-906 (b)(4) or Code, Public Safety Article, 14-3A-05 (c)(4); (2) upon a request by a petitioner for good cause; or (3) to effectuate the consolidation of proceedings. (d) Appearance at and Conduct of the Hearing. If one or more of the parties, their counsel, or witnesses are unable to appear personally at the hearing, and the fair and effective adjudication of the proceedings permits, the court may: (1) accept pleadings and admit documentary evidence submitted or proffered by courier, facsimile, or electronic mail; (2) if feasible, conduct the proceedings by means of a telephonic conference call, live closed circuit television, live internet or satellite video conference transmission, or other available means of communication that reasonably permits the parties or their authorized representatives to participate fully in the proceedings; and (3) decline to require strict application of the rules of evidence other than those relating to the competency of witnesses and lawful privileges. HISTORY: (Added April 5, 2005, effective July 1, 2005.) MARYLAND RULES TITLE 15. OTHER SPECIAL PROCEEDINGS CHAPTER 1100. CATASTROPHIC HEALTH EMERGENCY Md. Rule 15-1105 (2012) Rule 15-1105. Decision and order (a) Factors to be Considered. In making its determination on the petition, the court shall consider

the following factors: (1) the means of transmission of the disease or outbreak that is believed to be caused by exposure to a deadly agent; (2) the degree of contagion that is associated with exposure to a deadly agent; (3) the degree of public exposure to the disease or outbreak; (4) the risk and severity of the possible results from infection, injury, or death of an individual or group of individuals by a deadly agent; (5) whether the petitioner or the group of individuals similarly situated to the petitioner may have been exposed to a deadly agent; (6) the potential risk to the public health of an order enjoining the Secretary's directive or otherwise requiring the immediate release from isolation or quarantine of the petitioner or of an individual or group of individuals similarly situated; and (7) any other material facts. (b) Decision. The court shall order the release of the petitioner unless the court finds by a preponderance of the evidence that the Secretary's directive to isolate or quarantine is necessary and reasonable under the circumstances to prevent or reduce the spread of the disease or outbreak believed to have been caused by exposure to a deadly agent. Otherwise, the court shall deny the petition and issue an order authorizing the continued isolation or quarantine of the petitioners. (c) Statement of Reasons. The court shall prepare and file or dictate into the record a brief statement of the reasons for its decision and enter an order in accordance with section (d) of this Rule. If dictated into the record, the statement shall be transcribed promptly. (d) Order. (1) Generally. The order shall: (A) be in writing; (B) be filed no later than the next business day after the hearing concludes; and (C) be given to the parties or their counsel of record, except as otherwise provided in subsection (d)(2)(A) of this Rule. (2) Orders Authorizing Continued Isolation or Quarantine. An order authorizing continued isolation or quarantine of the individual or group of individuals shall: (A) be served by the Secretary or the Secretary's designee on the individual or group of

individuals specified in the order, unless service is impractical due to the number or geographical dispersion of the affected individuals, in which case the court shall provide for notice to the affected individuals by personal service or by any means available; (B) be effective for a specific period of time not to exceed 30 days; and (C) reasonably identify the isolated or quarantined individual or group of individuals by name or by shared characteristics; and (D) specify all material findings of fact and conclusions of law and may incorporate by reference a transcript of the proceedings. Committee note. -- An order entered under section (d) of this Rule must either order the release of the petitioner (with or without a stay of that order) or authorize the continued isolation of quarantine imposed by the Secretary. Except as provided by Rule 15-1104 (a), the Rules is this Chapter do not authorize the court to grant any other relief. (e) Stay. Upon request of the Secretary, the court may stay an order releasing the petitioner pending appellate review if the request is accompanied by an undertaking in writing or on the record that the Secretary will seek immediate appellate review of the order and the petitioner has been afforded an opportunity to be heard. HISTORY: (Added April 5, 2005, effective July 1, 2005.) MARYLAND RULES TITLE 15. OTHER SPECIAL PROCEEDINGS CHAPTER 1100. CATASTROPHIC HEALTH EMERGENCY Md. Rule 15-1106 (2012) Rule 15-1106. Motion to continue order Before the expiration of a court order authorizing or continuing isolation or quarantine, the Secretary may move for a continuation of the order for another period not to exceed 30 days. The motion shall be filed in the court that entered the order. Unless the petitioner consents, the motion shall not be granted without a hearing. HISTORY: (Added April 5, 2005, effective July 1, 2005.) MARYLAND RULES TITLE 15. OTHER SPECIAL PROCEEDINGS CHAPTER 1100. CATASTROPHIC HEALTH EMERGENCY Md. Rule 15-1107 (2012) Rule 15-1107. Appellate review

A party adversely affected by the court's ruling on a petition for relief or on a subsequent motion to continue an order authorizing isolation or quarantine shall have the right of appellate review. The appellate court shall decide the appeal as soon as is reasonably practicable. In order to do so, the appellate court may modify the timing and filing requirements of any Rule in Title 8. HISTORY: (Added April 5, 2005, effective July 1, 2005.) MARYLAND RULES TITLE 15. OTHER SPECIAL PROCEEDINGS CHAPTER 1200. CORAM NOBIS Md. Rule 15-1201 (2012) Rule 15-1201. Applicability The Rules in this Chapter govern proceedings for a writ of coram nobis as to a prior judgment in a criminal action. HISTORY: (Added Nov. 8, 2005, effective Jan. 1, 2006.) MARYLAND RULES TITLE 15. OTHER SPECIAL PROCEEDINGS CHAPTER 1200. CORAM NOBIS Md. Rule 15-1202 (2012) Rule 15-1202. Petition (a) Filing; caption. An action for a writ of error coram nobis is commenced by the filing of a petition in the court where the conviction took place. The caption of the petition shall state the case number of the criminal action to which the petition relates. If practicable, the petition shall be filed in the criminal action. Committee note. -- For the authority of the District Court to issue a writ of error coram nobis, see Code, Courts Article, 1-609. See Rule 1-301 (a) for captioning and titling requirements of court papers. (b) Content. (1) The petition shall include: (A) the identity of the petitioner as the person subject to the judgment and sentence; (B) the place and date of trial, the offense for which the petitioner was convicted, and the sentence imposed;

(C) a statement of all previous proceedings, including appeals, motions for new trial, post conviction petitions, and previous petitions for writ of error coram nobis, and the results of those proceedings; (D) the facts that would have resulted in the entry of a different judgment and the allegations of error upon which the petition is based; (E) a statement that the allegations of error have not been waived; Cross references. -- See Holmes v. State, 401 Md. 429 (2007). (F) the significant collateral consequences that resulted from the challenged conviction; (G) the unavailability of appeal, post conviction relief, or other remedies; and (H) a demand for relief. (2) The petition may include a concise argument with citation to relevant authority. (c) Attachments. The petitioner shall attach to the petition all relevant portions of the transcript or explain why the petitioner is unable to do so. (d) Service. The petitioner shall serve a copy of the petition and any attachments on the State's Attorney pursuant to Rule 1-321 (a). (e) Amendment. Amendment of the petition shall be freely allowed when justice so permits. HISTORY: (Added Nov. 8, 2005, effective Jan. 1, 2006; amended Sept. 10, 2009, effective Oct. 1, 2009.) MARYLAND RULES TITLE 15. OTHER SPECIAL PROCEEDINGS CHAPTER 1200. CORAM NOBIS Md. Rule 15-1203 (2012) Rule 15-1203. Notice of petition Upon the filing of a petition for a writ of error coram nobis, the clerk promptly shall notify the State's Attorney that the petition has been filed and the case number of the criminal action to which the petition relates. HISTORY: (Added Nov. 8, 2005, effective Jan. 1, 2006.)

MARYLAND RULES TITLE 15. OTHER SPECIAL PROCEEDINGS CHAPTER 1200. CORAM NOBIS Md. Rule 15-1204 (2012) Rule 15-1204. Response The State's Attorney shall file a response to the petition within 30 days after the clerk gives notice of the filing, or within such other time as the court may order. HISTORY: (Added Nov. 8, 2005, effective Jan. 1, 2006.) MARYLAND RULES TITLE 15. OTHER SPECIAL PROCEEDINGS CHAPTER 1200. CORAM NOBIS Md. Rule 15-1205 (2012) Rule 15-1205. Voluntary dismissal Voluntary dismissal of a petition is governed by Rules 2-506 and 3-506. HISTORY: (Added Nov. 8, 2005, effective Jan. 1, 2006.) MARYLAND RULES TITLE 15. OTHER SPECIAL PROCEEDINGS CHAPTER 1200. CORAM NOBIS Md. Rule 15-1206 (2012) Rule 15-1206. Hearing (a) Generally. The court, in its discretion, may hold a hearing on the petition. The court may deny the petition without a hearing but may grant the petition only if a hearing is held. The court may permit evidence to be presented by affidavit, deposition, oral testimony, or any other manner that the court finds convenient and just. In the interest of justice, the court may decline to require strict application of the Rules in Title 5, except those relating to competency of witnesses. (b) Notice to victims. The State's Attorney shall give notice to each victim and victim's representative who has filed a Crime Victim Notification Request form pursuant to Code, Criminal Procedure Article, 11-104 or who has submitted a written request to the State's Attorney to be notified of subsequent proceedings as provided under Code, Criminal Procedure Article, 11-503. The notice shall state that (1) a petition for a writ of error coram nobis has been filed; (2) the petition has been denied without a hearing or the date, time, and location of the hearing; and (3) each victim or victim's representative may attend any hearing and request the opportunity to be heard. The court may allow the testimony of a victim or victim's representative if relevant to an

issue before the court. HISTORY: (Added Nov. 8, 2005, effective Jan. 1, 2006.) MARYLAND RULES TITLE 15. OTHER SPECIAL PROCEEDINGS CHAPTER 1200. CORAM NOBIS Md. Rule 15-1207 (2012) Rule 15-1207. Statement and order of court (a) Statement. The judge shall prepare and file or dictate into the record a statement setting forth separately each ground on which the petition is based, the federal and state rights involved, the court's ruling with respect to each ground, and the reasons for the ruling. (b) Order of court. The statement shall include or be accompanied by an order granting or denying relief. If the order is in favor of the petitioner, the court may provide for rearraignment, retrial, custody, bail, discharge, correction of sentence, or other matters that may be necessary and proper. (c) Copy to the parties. A copy of the order shall be filed promptly with the clerk and sent to the petitioner, petitioner's counsel, and the State's Attorney. (d) Finality. The order constitutes a final judgment when entered by the clerk. HISTORY: (Added Nov. 8, 2005, effective Jan. 1, 2006.)

MARYLAND RULES TITLE 16. COURTS, JUDGES, AND ATTORNEYS CHAPTER 100. COURT ADMINISTRATIVE STRUCTURE, JUDICIAL DUTIES, ETC Md. Rule 16-101 (2012) Rule 16-101. Administrative responsibility a. Chief Judge of the Court of Appeals. 1. Generally. The Chief Judge of the Court of Appeals has overall responsibility for the administration of the courts of this State. In the execution of that responsibility, the Chief Judge: (A) may exercise the authority granted by the Rules in this Chapter or otherwise by law; (B) shall appoint a State Court Administrator to serve at the pleasure of the Chief Judge; (C) may delegate administrative duties to other persons within the judicial system, including retired judges recalled pursuant to Md. Constitution, Article IV, 3A; and

(D) may assign a judge of any court other than an Orphans' Court to sit temporarily in any other court. 2. Pretrial proceeding in certain criminal cases. The Chief Judge of the Court of Appeals may, by Administrative Order, require in any county a pretrial proceeding in the District Court for an offense within the jurisdiction of the District Court punishable by imprisonment for a period in excess of 90 days. (Amended June 16, 1975, effective July 1, 1975.) b. Chief Judge of the Court of Special Appeals. The Chief Judge of the Court of Special Appeals, subject to the direction of the Chief Judge of the Court of Appeals and pursuant to the provisions of this Title, shall be responsible for the administration of the Court of Special Appeals. In fulfilling that responsibility, the Chief Judge of the Court of Special Appeals shall possess, to the extent applicable, the authority granted to a County Administrative Judge in section d of this Rule. In the absence of the Chief Judge of the Court of Special Appeals, the provisions of this Rule shall be applicable to the senior judge present in the Court of Special Appeals. c. Circuit Administrative Judge. 1. Designation. In each judicial circuit there shall be a Circuit Administrative Judge, who shall be appointed by order and serve at the pleasure of the Chief Judge of the Court of Appeals. In the absence of any such appointment, the Chief Judge of the judicial circuit shall be the Circuit Administrative Judge. 2. Duties. Each Circuit Administrative Judge shall be generally responsible for the administration of the several courts within the judicial circuit, pursuant to these Rules and subject to the direction of the Chief Judge of the Court of Appeals. Each Circuit Administrative Judge shall also be responsible for the supervision of the County Administrative Judges within the judicial circuit and may perform any of the duties of a County Administrative Judge. The Circuit Administrative Judge shall also call a meeting of all judges of the judicial circuit at least once every six months. Cross references. -- For more detailed provisions pertaining to the duties of Circuit Administrative Judges, see section (d) of Rule 4-344 (Sentencing -- Review); Rule 16-103 (Assignment of Judges); and Rule 16-104 (Judicial Leave). d. County Administrative Judge. 1. Designation. After considering the recommendation of the Circuit Administrative Judge, the Chief Judge of the Court of Appeals may appoint a judge of the Circuit Court for any county to be County Administrative Judge of the Circuit Court for that county. A County Administrative Judge shall serve in that capacity at the pleasure of the Chief Judge of the Court of Appeals. 2. Duties. Subject to the supervision of the Circuit Administrative Judge, a County Administrative Judge shall be responsible for the administration of justice and for the administration of the court for that county. The duties shall include:

(i) supervision of all judges, officers, and employees of the court, including the authority to assign judges within the court pursuant to Rule 16-103 (Assignment of Judges); (ii) supervision and expeditious disposition of cases filed in the court and the control of the trial calendar and other calendars, including the authority to assign cases for trial and hearing pursuant to Rule 16-102 (Chambers Judge) and Rule 16-202 (Assignment of Actions for Trial); (iii) preparation of the court's budget; (iv) ordering the purchase of all equipment and supplies for the court and its ancillary services, such as master, auditor, examiner, court administrator, court reporter, jury commissioner, staff of the medical and probation offices, and all additional court personnel other than personnel comprising the Clerk of Court's office; (v) supervision of and responsibility for the employment, discharge, and classification of court personnel and personnel of its ancillary services and the maintenance of personnel files, unless a majority of the judges of the court disapproves of a specific action. However, each judge (subject to budget limitations) shall have the exclusive right to employ and discharge the judge's personal secretary and law clerk; and Committee note. -- Article IV, 9, of the Constitution gives the judges of any court the power to appoint officers and, thus, requires joint exercise of the personnel power. A similar provision was included in the July 17, 1967 Administrative and Procedure Regulation. (vi) implementation and enforcement of all policies, rules and directives of the Court of Appeals, its Chief Judge, and the State Court Administrator, and performance of any other duties necessary for the effective administration of the judicial business of the court and the prompt disposition of litigation. Cross references. -- See also Rule 16-102 (Chambers Judge); Rule 16-103 (Assignment of Judges); Rule 16-201 (Motion Day -- Calendar); Rule 16-202 (Assignment of Actions for Trial). 3. Power to delegate. (i) A County Administrative Judge may delegate to any judge, to any committee of judges, or to any officer or employee any of the administrative responsibilities, duties and functions of the County Administrative Judge. (ii) In the implementation of Code, Criminal Procedure Article, 6-103 and Rule 4-271 (a), a County Administrative Judge may (A) with the approval of the Chief Judge of the Court of Appeals, authorize one or more judges to postpone criminal cases on appeal from the District Court or transferred from the District Court because of a demand for jury trial, and (B) except as provided in subsection d.3.(iii) of this Rule, authorize not more than one judge at a time to postpone all other criminal cases. (iii) The administrative judge of the Circuit Court for Baltimore City may authorize one judge

sitting in the Clarence M. Mitchell Courthouse to postpone criminal cases set for trial in that Courthouse and one judge sitting in Courthouse East to postpone criminal cases set for trial in that courthouse. 4. Single judge counties. In a county that has only one resident judge of the Circuit Court, that judge shall exercise the power and authority of a County Administrative Judge. HISTORY: (Amended Mar. 23, 1989, effective July 1, 1989; June 5, 1996, effective Jan. 1, 1997; Mar. 5, 2001, effective July 1, 2001; Jan. 8, 2002, effective Feb. 1, 2002; Nov. 12, 2003, effective Jan. 1, 2004; amended Sept. 10, 2009, effective Oct. 1, 2009; amended Sept. 8, 2011, effective Oct. 1, 2011.) MARYLAND RULES TITLE 16. COURTS, JUDGES, AND ATTORNEYS CHAPTER 100. COURT ADMINISTRATIVE STRUCTURE, JUDICIAL DUTIES, ETC Md. Rule 16-102 (2012) Rule 16-102. Chambers judge a. Generally. 1. Designation. In a county with more than four resident judges, the County Administrative Judge shall, and in any other county may, designate one or more of the judges sitting in that county to sit as chambers judge. 2. Responsibility of County Administrative Judge. In any county where the designation of a chambers judge is mandatory pursuant to subsection 1 of this section, it shall be the responsibility of the County Administrative Judge to ensure that a chambers judge is on duty in the courthouse whenever the courthouse is open for the transaction of judicial business. b. Duties. A chambers judge shall have primary responsibility for: (i) Prompt disposition of motions and other preliminary matters which may be disposed of without hearing, except for motions made or filed during the course of a trial or on the day a case is set for trial, which motions shall be disposed of by the trial judge. (ii) Consideration of and, when appropriate, signing show cause orders. (iii) Conduct of pre-trial conferences and control of the pre-trial calendar, if one has been established. (iv) Unless a different procedure is prescribed by the County Administrative Judge, consideration of and, when appropriate, signing orders and decrees in uncontested or ex parte cases, and the disposition of motions for continuances or postponements, except such motions made on the day of or during trial, which shall be disposed of by the trial judge.

HISTORY: (Amended Apr. 6, 1984, effective July 1, 1984; June 5, 1996, effective Jan. 1, 1997; Dec. 16, 1999, effective Jan. 1, 2000.) MARYLAND RULES TITLE 16. COURTS, JUDGES, AND ATTORNEYS CHAPTER 100. COURT ADMINISTRATIVE STRUCTURE, JUDICIAL DUTIES, ETC Md. Rule 16-103 (2012) Rule 16-103. Assignment of judges a. Chief Judge of the Court of Appeals. The Chief Judge of the Court of Appeals may by order assign any judge to sit temporarily in any court other than the one to which he was appointed or elected. The order of assignment shall specify the court in which the judge is to sit and the duration of the assignment. During the period of the assignment, the assigned judge shall possess all the power and authority of a judge of the court to which the judge is assigned. This section, like the constitutional provision (article IV, 18) on which it is based, gives the Chief Judge of the Court of Appeals full vertical and horizontal assignment power. b. Circuit Administrative Judge. Except for assignments made pursuant to section a of this Rule, the Circuit Administrative Judge of each of the judicial circuits may assign any judge of that judicial circuit to sit as a judge of the Circuit Court of any county in the judicial circuit, in any specific case or cases or for any specified time. The assignments may be made orally or in writing. c. County Administrative Judge. Except for assignments made pursuant to this Rule, assignment of judges within the Circuit Court for a county in which there is more than one resident judge shall be made by the County Administrative Judge. The assignments may be made orally or in writing. d. Use of assignment power. The assignment power herein established shall be exercised to ensure full use of judicial personnel throughout the judicial system, to equalize, to the extent feasible, judicial workloads and to expedite the disposition of pending cases. HISTORY: (Amended June 5, 1996, effective Jan. 1, 1997; Dec. 16, 1999, effective Jan. 1, 2000.) MARYLAND RULES TITLE 16. COURTS, JUDGES, AND ATTORNEYS CHAPTER 100. COURT ADMINISTRATIVE STRUCTURE, JUDICIAL DUTIES, ETC Md. Rule 16-104 (2012) Rule 16-104. Judicial leave a. Definition of "judge." In this Rule, "judge" means a judge of the Court of Appeals of Maryland, the Court of Special Appeals, a circuit court or the District Court of Maryland. b. Annual leave.

1. In general. Subject to the provisions of subsection b 2 and section f of this Rule, a judge is entitled to annual leave of not more than 27 working days. The leave accrues as of the first day of the calendar year except that (1) during the first year of a judge's initial term of office, annual leave accrues at the rate of 2.25 days per month accounting from the date the judge qualifies for office, and (2) during the calendar year in which the judge retires, annual leave accrues at the rate of 2.25 days per month to the date the judge retires. 2. Calendar Year 2010. A. Subject to the provisions of subsection b 2 B and section f of this Rule, in calendar year 2010 a judge is entitled to annual leave of not more than 17 working days. The leave accrues as of the first day of the calendar year except that (1) during the first year of a judge's initial term of office, annual leave accrues at the rate of 1.42 days per month accounting from the date the judge qualifies for office, and (2) during calendar year 2010, if the judge retires in that year, annual leave accrues at the rate of 1.42 days per month to the date the judge retires. B. For each day, up to ten days, that a judge contributes to the State of Maryland an amount equal to the average daily compensation, after federal and state tax and FICA withholdings, of a judge serving on the court or level of court on which the judge serves, based on a 22-day work month, as calculated by the State Court Administrator, the judge shall be entitled to one additional day of annual leave. The judge shall make the contribution prior to taking the additional day of annual leave in the manner determined by the State Court Administrator. 3. Accumulation. If in any year a judge takes less than the full amount of annual leave the judge has accrued in that year, the judge may accumulate within any consecutive three year period, the difference between the leave accrued and the annual leave actually taken by the judge in any year during the period. However, no more than ten working days annual leave may be accumulated in any one year, and no judge may accumulate more than 20 working days annual leave in the aggregate. 4. Consecutive appointment -- Leave status. A judge who is appointed or elected as a judge of another court, and whose term on the second court begins immediately following service on the first court has the same leave status as though the judge had remained on the first court. c. Personal leave. 1. In general. In addition to annual leave as provided above and except as otherwise provided in subsection 2 of this section, a judge is entitled to six days of personal leave in each calendar year and personal leave accrues on the first day of each calendar year. Any personal leave unused at the end of the calendar year is forfeited. 2. First calendar year of initial term. During the first calendar year of a judge's initial term of office, the judge is entitled to: A. six days of personal leave if the judge qualified for office in January or February,

B. five days of personal leave if the judge qualified for office in March or April, C. four days of personal leave if the judge qualified for office in May or June, or D. three days of personal leave if the judge qualified for office on or after July 1. d. Sick leave. In addition to the annual leave and personal leave as provided for in this Rule, a judge: (1) is entitled to unlimited sick leave for any period of the judge's illness or disability that precludes the judge from performing judicial duties; and (2) may take a reasonable amount of sick leave (A) for the judge's medical appointments; (B) due to the illness or disability of family members; or (C) due to the birth, adoption, or foster care placement of a child with the judge, all subject to the definitions, conditions, limitations, and procedures in an Administrative Order issued by the Chief Judge of the Court of Appeals. Sick leave used for the purposes allowed by subsection (2) of this section, together with annual leave and personal leave taken for these purposes, may not exceed an aggregate total of 12 weeks for the calendar year. The Chief Judge of the Court of Appeals shall issue an Administrative Order implementing this section. The Order shall be posted on the Judiciary's website and otherwise made publicly available. Committee note. -- The authority of the Commission on Judicial Disabilities with respect to a disability as defined in Rule 16-803 is not affected by this Rule. e. Termination of judicial service. A judge whose judicial service is terminated for any reason, and who is not elected or appointed to another court without break in service, loses any annual or personal leave unused as of the date of termination of service. f. Discretion of chief judge or administrative judge. A judge's annual leave and personal leave shall be taken at the time or times prescribed or permitted by the chief judge of the judge's appellate court, if the judge is a judge of an appellate court; the Circuit Administrative Judge of the judge's judicial circuit, if the judge is a judge of a circuit court; or the Chief Judge of the District Court, if the judge is a judge of that court. In determining when a judge may take annual leave and for what period of time, the judge exercising supervisory authority under this Rule shall be mindful of the necessity of retention of sufficient judicial staffing in the court or courts under the judge's supervision to permit at all times the prompt and effective disposition of the business of that court or those courts. A request for leave at a certain time or for a certain period of time may be rejected by the judge exercising supervision under this Rule if the granting of the requested leave would prevent the prompt and effective disposition of business of that court or those courts, except that personal leave requested for observance of a religious holiday may not be denied. g. Supervision by Chief Judge of the Court of Appeals. The operation of this Rule is at all times subject to the supervision and control of the Chief Judge of the Court of Appeals. HISTORY: (Amended Apr. 11, 1977, effective July 1, 1977; Nov. 13, 1981, effective Jan. 1, 1982; June 28, 1988, effective July 1, 1988; Dec. 31, 1991, effective Jan. 1, 1992; June 5, 1996, effective Jan. 1, 1997; Dec. 10, 1996, effective Jan. 1, 1997; Dec. 30, 2008, effective Jan. 1, 2009; Dec. 15, 2009, effective Jan. 1, 2010; Jan. 12, 2010, effective Jan. 12, 2010.)

MARYLAND RULES TITLE 16. COURTS, JUDGES, AND ATTORNEYS CHAPTER 100. COURT ADMINISTRATIVE STRUCTURE, JUDICIAL DUTIES, ETC Md. Rule 16-105 (2012) Rule 16-105. Reports to be filed a. Report by judge. Every judge of the Circuit Court shall submit to the County Administrative Judge reports as the Chief Judge of the Court of Appeals may require, on forms prescribed and supplied by the State Court Administrator and approved by the Chief Judge of the Court of Appeals. b. Report by County Administrative Judge. Each Circuit or County Administrative Judge shall furnish such other reports as may from time to time be required by the Chief Judge of the Court of Appeals. HISTORY: (Amended June 16, 1975, effective July 1, 1975; Nov. 8, 1982, effective Jan. 1, 1983; June 5, 1996, effective Jan. 1, 1997; Dec. 16, 1999, effective Jan. 1, 2000.) MARYLAND RULES TITLE 16. COURTS, JUDGES, AND ATTORNEYS CHAPTER 100. COURT ADMINISTRATIVE STRUCTURE, JUDICIAL DUTIES, ETC Md. Rule 16-106 (2012) Rule 16-106. Court sessions -- Holidays -- Time for convening a. Court sessions -- Holidays. A court shall be in session each day from Monday through Friday except on holidays. On holidays, no trials or other court proceedings shall be conducted except in emergency matters or when ordered by the Chief Judge of the Court of Appeals or a judge of the particular court as the judicial business and public welfare may require. In an emergency and in the interest of the public welfare, the Chief Judge of the Court of Appeals may order a court to be closed on any day. Cross references. -- For the definition of "holiday," see Rule 1-202. b. Time for convening. All scheduled proceedings will stand for hearing at 10:00 A.M. unless otherwise ordered by the court. HISTORY: (Amended Sept. 9, 1969; Oct. 13, 1970; Dec. 13, 1973; Nov. 5, 1976, effective Jan. 1, 1977; June 28, 1988, effective July 1, 1988; July 16, 1992; June 5, 1996, effective Jan. 1, 1997; Dec. 10, 1996, effective Jan. 1, 1997.)

MARYLAND RULES TITLE 16. COURTS, JUDGES, AND ATTORNEYS CHAPTER 100. COURT ADMINISTRATIVE STRUCTURE, JUDICIAL DUTIES, ETC Md. Rule 16-107 (2012) Rule 16-107. Term of court and grand jury (a) Term of court. For accounting and statistical reporting purposes, each circuit court shall hold a single term each year beginning on July 1 and ending on the following June 30. (b) Term of grand jury; extension to complete investigation. The jury plan of a county shall specify the term for a grand jury for the county. The term of service of any additional grand jury appointed pursuant to Code, Courts Article, 8-413 shall be as determined by the county administrative judge. On motion of the State's Attorney, the county administrative judge or the jury judge may extend the term of a grand jury or additional grand jury so that it may complete an investigation specified by the judge in the order. The grand jury shall continue until it concludes its investigation or is sooner discharged by the judge, but is limited to the investigation specified in the order. In this Rule, "State's Attorney" includes the Attorney General, when using a grand jury pursuant to Article V, 3 of the Maryland Constitution and the State Prosecutor, when using a grand jury pursuant to Code, Criminal Procedure Article, 14-110. HISTORY: (Rescinded and new, Jan. 18, 1996, effective July 1, 1996; amended June 5, 1996, effective Jan. 1, 1997; Dec. 4, 2007, effective Jan. 1, 2008; Feb. 10, 2009, effective March 1, 2009.) MARYLAND RULES TITLE 16. COURTS, JUDGES, AND ATTORNEYS CHAPTER 100. COURT ADMINISTRATIVE STRUCTURE, JUDICIAL DUTIES, ETC Md. Rule 16-108 (2012) Rule 16-108. Conference of Circuit Judges a. Purpose. There shall be a Conference of Circuit Judges that represents the interests of the circuit courts and is a policy advisory body to the Chief Judge of the Court of Appeals, the Court of Appeals, and other judicial branch agencies in all circuit court matters. b. Powers. 1. Administration Policies. To fulfill its purpose, the Conference shall work collaboratively and in consultation with the Chief Judge of the Court of Appeals in developing policies affecting the administration of the circuit courts, including but not limited to: (A) programs and practices that will enhance the administration of justice; (B) the level of operational and judicial resources to be included in the Judiciary Budget;

(C) legislation that may affect the circuit courts; and (D) the compensation and benefits of circuit court judges. 2. Consultants. With the approval of the Chief Judge, the Conference may retain consultants in matters relating to the circuit courts. 3. Consultation with Chief Judge of the Court of Appeals. The Conference shall consult with the Chief Judge of the Court of Appeals: (A) on the appointment of circuit judges to committees of the Judicial Conference in accordance with Rule 16-802 f.2.; and (B) to recommend circuit judges for membership on other committees and bodies of interest to the circuit courts. 4. Business and Technology Case Management Committee of Program Judges. The Conference shall appoint a committee of not less than three program judges to perform the duties required by Rule 17-107 (b) and generally to advise the Conference regarding the Business and Technology Case Management Program. Cross references. -- For the definition of "program judge," see Rule 16-205 (a)(3). 5. Majority Vote. The Conference and the Executive Committee of the Conference each shall exercise its powers and carry out its duties pursuant to a majority vote of its authorized membership. c. Membership and operation. 1. Composition. The Conference shall comprise 16 members including the circuit administrative judge from each judicial circuit and one circuit judge from each judicial circuit who shall be elected every two years by majority vote of the circuit judges then authorized in the circuit. 2. Chair and Vice-Chair. The Conference shall elect from its members every two years a Chair and Vice-chair. 3. Quorum. A majority of the authorized membership of the Conference shall constitute a quorum. 4. Meetings. The Conference shall meet at least four times a year. d. Executive Committee. 1. Power and Composition. There shall be an Executive Committee of the Conference. It shall consist of the Conference Chair and Vice-Chair and such other members as may be designated by the Conference and shall be empowered to act with the full authority of the Conference when the

Conference is not in session. The actions of the Executive Committee will be reported fully to the Conference at its next meeting. 2. Quorum. A majority of the authorized membership of the Executive Committee shall constitute a quorum. 3. Convening the Executive Committee. The Executive Committee shall convene at the call of the Conference Chair. In the absence of the Chair, the Vice-Chair is authorized to convene the Executive Committee. e. Conference staff. The Administrative Office of the Courts shall serve as staff to the Conference and its Executive Committee. HISTORY: (Added Mar. 14, 1972; amended Nov. 28, 1978; June 5, 1996, effective Jan. 1, 1997; June 8, 1998, effective Oct. 1, 1998; Nov. 12, 2003, effective Jan. 1, 2004.) MARYLAND RULES TITLE 16. COURTS, JUDGES, AND ATTORNEYS CHAPTER 100. COURT ADMINISTRATIVE STRUCTURE, JUDICIAL DUTIES, ETC Md. Rule 16-109 (2012) Rule 16-109. Photographing, recording, broadcasting or televising in courthouses a. Definitions. 1. "Extended coverage" means any recording or broadcasting of proceedings by the use of television, radio, photographic, or recording equipment by: (i) the news media, or (ii) persons engaged in the preparation of educational films or recordings with the written approval of the presiding judge. 2. "Local administrative judge" means the county administrative judge in the Circuit Court and the district administrative judge in the District Court. 3. "Party" means a named litigant of record who has appeared in the proceeding. 4. "Proceeding" means any trial, hearing, motion, argument on appeal or other matter held in open court which the public is entitled to attend. 5. "Presiding judge" means a trial judge designated to preside over a proceeding which is, or is intended to be the subject of extended coverage. Where action of a presiding judge is required by this rule, and no trial judge has been designated to preside over the proceeding, presiding judge means the local administrative judge. Presiding judge in an appellate court means the Chief Judge of that Court, or the senior judge of a panel of which the Chief Judge is not a member.

b. General provisions. 1. Unless prohibited by law or this Rule, extended coverage of proceedings in the trial and appellate courts of this State is permitted in accordance with this Rule. Committee note. -- Code, Criminal Procedure Article, 1-201 prohibits extended coverage of criminal proceedings in a trial court or before a grand jury. 2. Outside a courtroom but within a courthouse or other facility extended coverage is prohibited of persons present for a judicial or grand jury proceeding, or where extended coverage is so close to a judicial or grand jury proceeding that it is likely to interfere with the proceeding or its dignity and decorum. 3. Possession of an "electronic device" in a "court facility" as those terms are defined in Rule 16110 is governed by that Rule. 4. Nothing in this rule is intended to restrict in any way the present rights of the media to report proceedings. 5. Extended coverage shall be conducted so as not to interfere with the right of any person to a fair and impartial trial, and so as not to interfere with the dignity and decorum which must attend the proceedings. 6. No proceeding shall be delayed or continued to allow for extended coverage, nor shall the requirements of extended coverage in any way affect legitimate motions for continuance or challenges to the judge. 7. This rule does not apply to: (i) The use of electronic or photographic equipment approved by the court for the perpetuation of a court record; (ii) Investiture or ceremonial proceedings, provided, however, that the local administrative judge of a trial court and the Chief Judge of an appellate court shall have complete discretion to regulate the presence and use of cameras, recorders, and broadcasting equipment at the proceedings. (iii) The use of electronic or photographic equipment approved by the court to take the testimony of a child victim under Code, Criminal Procedure Article, 11-303. c. Request for extended coverage. 1. All requests for extended coverage shall be made in writing to the clerk of the court at which the proceeding is to be held at least five days before the proceeding is scheduled to begin and shall specifically identify the proceeding to be covered. For good cause a court may honor a request which does not comply with the requirements of this subsection. The clerk shall promptly give

notice of a request to all parties to the proceeding. Cross references. -- For the computation of time before a day, act, or event, see Rule 1-203 (b). 2. Where proceedings are continued other than for normal or routine recesses, weekends, or holidays, it is the responsibility of the media to make a separate request for later extended coverage. Cross references. -- For the definition of "holiday," see Rule 1-202. d. Action on request. The presiding judge shall grant or deny a request for extended coverage before the commencement of the proceeding. If the request is granted, the presiding judge shall promptly notify the local administrative judge who shall make whatever arrangements are necessary to accommodate the entry into and presence in the courthouse of the persons conducting the extended coverage and their equipment. e. Consent to extended coverage. 1. Extended coverage shall not be permitted in any proceeding in a trial court unless all parties to the proceeding have filed their written consent in the record, except that consent need not be obtained from a party which is a federal, state, or local government, or an agency or subdivision thereof or an individual sued or suing in his official governmental capacity. 2. Consent once given may not be withdrawn, but any party may at any time move for termination or limitation of extended coverage in accordance with this rule. 3. Consent of the parties is not required for extended coverage in appellate courts, but any party may at any time move for termination or limitation of extended coverage in accordance with this rule. f. Restrictions on extended coverage. 1. Extended coverage of all or any portion of a proceeding may be prohibited, terminated or limited, on the presiding judge's own initiative or on the request of a party, witness, or juror in the proceedings, where the judge finds that there is good cause for termination, prohibition, or limitation of extended coverage. There is a presumption that good cause exists in cases involving custody, divorce, minors, relocated witnesses, and trade secrets. Committee note. -- Examples of good cause include unfairness, danger to a person, undue embarrassment, or hindrance of proper law enforcement. 2. Extended coverage is not permitted of any proceeding which is by law closed to the public, or which may be closed to the public and has been closed by the judge. 3. Extended coverage in the judicial area of a courthouse or other facility is limited to proceedings in the courtroom in the presence of the presiding judge.

4. There shall be no audio coverage of private conferences, bench conferences, and conferences at counsel tables. g. Standards of conduct and technology. 1. Television or movie camera equipment shall be positioned outside the rail of the courtroom, or if there is no rail, in the area reserved for spectators, at a location approved in advance by the presiding judge. Wherever possible, recording and broadcasting equipment which is not a component part of a television camera shall be located outside the courtroom in an area approved in advance by the presiding judge. 2. A still camera photographer shall be positioned outside the rail of the courtroom or if there is no rail, in the area reserved for spectators, at a location approved in advance by the presiding judge. The still camera photographer shall not photograph from any other place, and shall not engage in any movement or assume any body position that would be likely to attract attention or be distracting. Unless positioned in or beyond the last row of spectators' seats, or in an aisle to the outside of the spectators' seating area, the still photographer shall remain seated while photographing. 3. Broadcast media representatives shall not move about the courtroom while proceedings are in session, and microphones and recording equipment once positioned shall not be moved during the pendency of the proceeding. 4. Not more than one television camera, operated by not more than one person, shall be permitted in any trial court proceeding. Not more than two stationary television cameras, operated by not more than one person each, shall be permitted in any appellate court proceeding. 5. Not more than one still photographer, utilizing not more than two still cameras with not more than two lenses for each camera and related equipment approved by the presiding judge shall be permitted in any proceeding in a trial or appellate court. 6. Not more than one audio system for broadcast purposes shall be permitted in any proceeding in a trial or appellate court. Audio pickup shall be accomplished from existing audio systems, except that if no technically suitable audio system exists, unobtrusive microphones and related wiring shall be located in places designated in advance by the presiding judge. Microphones located at the judge's bench and at counsel tables shall be equipped with temporary cutoff switches. A directional microphone may be mounted on the television or film camera, but no parabolic or similar microphones shall be used. 7. Any "pooling" arrangements among the media required by these limitations on equipment and personnel shall be the sole responsibility of the media without calling upon the presiding judge to mediate any dispute as to the appropriate media representative or equipment authorized to cover a particular proceeding. In the absence of advance media agreement on disputed equipment or personnel issues, the presiding judge shall exclude all contesting media personnel from extended coverage.

8. Only television, movie, and audio equipment that does not produce light or distracting sound shall be employed. No artificial lighting device of any kind shall be employed in connection with the television and movie cameras. 9. Only still camera equipment that does not produce distracting sound shall be employed to cover judicial proceedings. No artificial lighting device of any kind shall be employed in connection with a still camera. 10. It shall be the affirmative duty of media personnel to demonstrate to the presiding judge adequately in advance of any proceeding that the equipment sought to be utilized meets the sound and light criteria enunciated herein. A failure to obtain advance judicial approval for equipment shall preclude its use in any proceedings. 11. Photographic or audio equipment shall not be placed in or removed from the courtroom except prior to commencement or after adjournment of proceedings each day, or during a recess. Neither film magazines nor still camera film or lenses shall be changed within a courtroom except during a recess in the proceeding. 12. With the concurrence of the presiding judge, and before the commencement of a proceeding or during a recess, modifications and additions may be made in light sources existing in the courtroom provided such modifications or additions are installed and maintained without public expense. HISTORY: (Added November 10, 1980, effective January 1, 1981; amended June 5, 1996, effective January 1, 1997; December 10, 1996, effective January 1, 1997; December 16, 1999, effective January 1, 2000; May 8, 2007, effective July 1, 2007; amended October 20, 2010, effective January 1, 2011.) MARYLAND RULES TITLE 16. COURTS, JUDGES, AND ATTORNEYS CHAPTER 100. COURT ADMINISTRATIVE STRUCTURE, JUDICIAL DUTIES, ETC Md. Rule 16-110 (2012) Rule 16-110. Cell phones; other electronic devices; cameras (a) Definitions. In this Rule the following definitions apply: (1) Court facility. "Court facility" means the building in which a circuit court or the District Court is located, but if the court is in a building that is also occupied by county or State executive agencies having no substantial connection with the court, then only that part of the building occupied by the court. (2) Electronic device. "Electronic device" means (A) a cell phone, a computer, and any other device that is capable of transmitting, receiving, or recording messages, images, sounds, data, or

other information by electronic means or that, in appearance, purports to be a cell phone, computer, or such other device; and (B) a camera, regardless of whether it operates electronically, mechanically, or otherwise and regardless of whether images are recorded by using digital technology, film, light-sensitive plates, or other means. (3) Local administrative judge. "Local administrative judge" means the county administrative judge in a circuit court and the district administrative judge in the District Court. (b) Possession and use of electronic devices. (1) Generally. Subject to inspection by court security personnel and the restrictions and prohibitions set forth in this section, a person may (A) bring an electronic device into a court facility and (B) use the electronic device for the purpose of sending and receiving phone calls and electronic messages and for any other lawful purpose not otherwise prohibited. (2) Restrictions and prohibitions. (A) Rule 5-615 Order. An electronic device may not be used to facilitate or achieve a violation of an order entered pursuant to Rule 5-615 (d). (B) Photographs and video. Except as permitted in accordance with this Rule, Rule 16-109, Rule 16-405, or Rule 16-504 or as expressly permitted by the local administrative judge, a person may not (i) take or record a photograph, video, or other visual image in a court facility, or (ii) transmit a photograph, video, or other visual image from or within a court facility. Committee note. -- The prohibition set forth in subsection (b)(2)(B) of this Rule includes still photography and moving visual images. It is anticipated that permission will be granted for the taking of photographs at ceremonial functions. (C) Interference with court proceedings or work. An electronic device shall not be used in a manner that interferes with court proceedings or the work of court personnel. Committee note. -- An example of a use prohibited by subsection (b)(2)(C) is a loud conversation on a cell phone near a court employee's work station or in a hallway near the door to a courtroom. (D) Jury deliberation room. An electronic device may not be brought into a jury deliberation room. (E) Courtroom. (i) Except with the express permission of the presiding judge or as otherwise permitted by this Rule, Rule 16-109, Rule 16-405, or Rule 16-504, all electronic devices inside a courtroom shall remain off and no electronic device may be used to receive, transmit, or record sound, visual images, data, or other information. (ii) Subject to subsection (b)(2)(F), the court shall liberally allow the attorneys in a proceeding currently being heard, their employees, and agents to make reasonable and lawful use of an

electronic device in connection with the proceeding. (F) Security or privacy issues in a particular case. Upon a finding that the circumstances of a particular case raise special security or privacy issues that justify a restriction on the possession of electronic devices, the local administrative judge or the presiding judge may enter an order limiting or prohibiting the possession of electronic devices in a courtroom or other designated areas of the court facility. The order shall provide for notice of the designated areas and for the collection of the devices and their return when the individual who possessed the device leaves the courtroom or other area. No liability shall accrue to the security personnel or any other court official or employee for any loss or misplacement of or damage to the device. (c) Violation of Rule. (1) Security personnel or other court personnel may confiscate and retain an electronic device that is used in violation of this Rule, subject to further order of the court or until the owner leaves the building. No liability shall accrue to the security personnel or any other court official or employee for any loss or misplacement of or damage to the device. (2) An individual who willfully violates this Rule or any reasonable limitation imposed by the local administrative judge or the presiding judge may be found in contempt of court and sanctioned in accordance with the Rules in Title 15, Chapter 200. (d) Notice. Notice of the provisions of sections (b) and (c) of this Rule shall be: (1) posted prominently at the court facility; (2) included on the main judiciary website and the website of each court; and (3) disseminated to the public by any other means approved in an administrative order of the Chief Judge of the Court of Appeals. HISTORY: (Added October 20, 2010, effective January 1, 20118; amended June 7, 2011, effective July 1, 2011; September 8, 2011, effective January 1, 2012.) MARYLAND RULES TITLE 16. COURTS, JUDGES, AND ATTORNEYS CHAPTER 200. THE CALENDAR -- ASSIGNMENT AND DISPOSITION OF MOTIONS AND CASES Md. Rule 16-201 (2012) Rule 16-201. Motion day -- Calendar a. Motion day. Each County Administrative Judge may prescribe motion days on which all motions and other preliminary matters pending in that court and scheduled for hearing shall be heard.

b. Motions calendar. The clerk in each county shall maintain a motions calendar in such form as may be prescribed by the County Administrative Judge. Upon the filing of a response pursuant to Rule 2-311 (b), or upon the date on which such response should have been filed, the clerk will list the case on the motions calendar. c. Assignment when hearing required. The County Administrative Judge in each county shall provide for review of the motions calendar at appropriate intervals and the determination of what matters thereon require hearings. The judge shall provide for assignment of hearing dates for such matters and notices thereof shall be given to all parties. d. Notice of lengthy hearing. If it is anticipated that the hearing on a motion will exceed a total of 30 minutes, the parties shall inform the assignment clerk, in which event the motion may be calendared specially. HISTORY: (Amended June 30, 1973, effective July 1, 1973; Dec. 17, 1975, effective Jan. 1, 1976; Oct. 1, 1980, effective Jan. 1, 1981; Apr. 6, 1984, effective July 1, 1984; June 5, 1996, effective Jan. 1, 1997; Dec. 16, 1999, effective Jan. 1, 2000.) MARYLAND RULES TITLE 16. COURTS, JUDGES, AND ATTORNEYS CHAPTER 200. THE CALENDAR -- ASSIGNMENT AND DISPOSITION OF MOTIONS AND CASES Md. Rule 16-202 (2012) Rule 16-202. Assignment of actions for trial. a. Generally. The County Administrative Judge in each county shall supervise the assignment of actions for trial to achieve the efficient use of available judicial personnel and to bring pending actions to trial and dispose of them as expeditiously as feasible. Procedures instituted in this regard shall be designed to: (1) eliminate docket calls in open court; (2) insure the prompt disposition of motions and other preliminary matters; (3) provide for the use of scheduling and pretrial conferences, and the establishment of a calendar for that purpose, when appropriate; (4) provide for the prompt disposition of uncontested and ex parte matters, including references to an examiner-master, when appropriate; (5) provide for the disposition of actions under Rule 2-507; (6) establish trial and motion calendars and other appropriate systems under which actions ready for trial will be assigned for trial and tried, after proper notice to parties, without necessity of a request for assignment from any party; and

Cross references. -- See Rule 16-201 (Motion Day -- Calendar). (7) establish systems of regular reports which will indicate the status of all pending actions with respect to their readiness for trial, the disposition of actions, and the availability of judges for trial work. b. Case management plan; information report. (1) The County Administrative Judge shall develop and, upon approval by the Chief Judge of the Court of Appeals, implement and monitor a case management plan for the prompt and efficient scheduling and disposition of actions in the circuit court. The plan shall include a system of differentiated case management in which actions are classified according to complexity and priority and are assigned to a scheduling category based on that classification. In courts that have a family division, the plan shall provide criteria for (A) requiring parties in an action assigned to the family division to attend a scheduling conference in accordance with Rule 2-504.1 (a) (1) and (B) identifying actions in the family division that are appropriate for assignment to a specific judge who shall be responsible for the entire case unless the County Administrative Judge subsequently decides to reassign it. Cross references. -- See Rule 9-204 for provisions that may be included in the case management plan concerning an educational seminar for parties in actions in which child support, custody, or visitation are involved. (2) In developing and implementing the case management plan, the County Administrative Judge shall (i) consult with the Administrative Office of the Courts and with other county administrative judges who have developed or are in the process of developing such plans in an effort to achieve as much consistency and uniformity among the plans as is reasonably practicable, and (ii) seek the assistance of the county bar association and such other interested groups and persons as the judge deems advisable. (3) As part of the plan, the clerk shall make available to the parties, without charge, a form approved by the County Administrative Judge that will provide the information necessary to implement the case management plan. The information contained in the information report shall not be used for any purpose other than case management. (4) The clerk of each circuit court shall make available for public inspection a copy of the current administrative order of the Chief Judge of the Court of Appeals exempting categories of actions from the information report requirement of Rule 2-111 (a). HISTORY: (Amended Apr. 6, 1984, effective July 1, 1984; June 7, 1994, effective July 1, 1994; Jan. 10, 1995, effective Feb. 1, 1995; June 5, 1996, effective Jan. 1, 1997; Jan. 13, 1998, effective July 1, 1998; Mar. 5, 2001, effective July 1, 2001.) MARYLAND RULES TITLE 16. COURTS, JUDGES, AND ATTORNEYS

CHAPTER 200. THE CALENDAR -- ASSIGNMENT AND DISPOSITION OF MOTIONS AND CASES Md. Rule 16-203 (2012) Rule 16-203. Special docket for asbestos cases a. Definition. In this Rule, "asbestos case" means an action seeking money damages for personal injury or death allegedly caused by exposure to asbestos or products containing asbestos. It does not include an action seeking principally equitable relief or seeking principally damages for injury to property or for removal of asbestos or products containing asbestos from property. b. Special docket. The Administrative Judge of the Circuit Court for Baltimore City may establish a special inactive docket for asbestos cases filed in or transferred to that court. The order: (1) shall specify the criteria and procedures for placement of an asbestos case on the inactive docket and for removal of a case from the docket; (2) may permit an asbestos case meeting the criteria for placement on the inactive docket to be placed on that docket at any time prior to trial; and (3) with respect to any case placed on the inactive docket, may stay the time for filing responses to the complaint, discovery, and other proceedings until the case is removed from the docket. c. Transfer of cases from other counties. (1) The circuit administrative judge for any other judicial circuit, by order, may (A) adopt the criteria established in an order entered by the Administrative Judge of the Circuit Court for Baltimore City pursuant to section b of this Rule for placement of an asbestos case on the inactive docket for asbestos cases; (B) provide for the transfer to the Circuit Court for Baltimore City, for placement on the inactive docket, of any asbestos case filed in a circuit court in that other circuit for which venue would lie in Baltimore City; and (C) establish procedures for the prompt disposition in the circuit court where the action was filed of any dispute as to whether venue would lie in Baltimore City. (2) If an action is transferred pursuant to this Rule, the clerk of the circuit court where the action was filed shall deliver the file or a copy of it to the clerk of the Circuit Court for Baltimore City, and, except as provided in subsection c (3) of this Rule, the action shall thereafter proceed as if initially filed in the Circuit Court for Baltimore City. (3) Unless the parties agree otherwise, any action transferred pursuant to this section, upon removal from the inactive docket, shall be retransferred to the circuit court in which it was

originally filed and all further proceedings shall take place in that court. d. Exemption from Rule 2-507. Any action placed on an inactive docket pursuant to this Rule shall not be subject to Rule 2-507 until the action is removed from that docket. e. Effect on Rule 2-327 (d). To the extent of any inconsistency with Rule 2-327 (d), this Rule shall prevail. Committee note. -- This section e does not preclude a transfer under Rule 2-327 upon retransfer of an action under subsection c (3) of this Rule. f. Applicability of Rule. This Rule shall apply only to actions filed on or after December 8, 1992. HISTORY: (Added Dec. 8, 1992; amended June 5, 1996, effective Jan. 1, 1997; Dec. 16, 1999, effective Jan. 1, 2000.) MARYLAND RULES TITLE 16. COURTS, JUDGES, AND ATTORNEYS CHAPTER 200. THE CALENDAR -- ASSIGNMENT AND DISPOSITION OF MOTIONS AND CASES Md. Rule 16-204 (2012) Rule 16-204. Family division and support services (a) Family division. (1) Established. In each county having more than seven resident judges of the circuit court authorized by law, there shall be a family division in the circuit court. (2) Actions assigned. In a court that has a family division, the following categories of actions and matters shall be assigned to that division: (A) dissolution of marriage, including divorce, annulment, and property distribution; (B) child custody and visitation, including proceedings governed by the Maryland Uniform Child Custody Jurisdiction Act, Code, Family Law Article, Title 9, Subtitle 2, and the Parental Kidnapping Prevention Act, 28 U.S.C. 1738A; (C) alimony, spousal support, and child support, including proceedings under the Maryland Uniform Interstate Family Support Act; (D) establishment and termination of the parent-child relationship, including paternity, adoption, guardianship that terminates parental rights, and emancipation; (E) criminal nonsupport and desertion, including proceedings under Code, Family Law Article, Title 10, Subtitle 2 and Code, Family Law Article, Title 13;

(F) name changes; (G) guardianship of minors and disabled persons under Code, Estates and Trusts Article, Title 13; (H) involuntary admission to state facilities and emergency evaluations under Code, Health General Article, Title 10, Subtitle 6; (I) family legal-medical issues, including decisions on the withholding or withdrawal of lifesustaining medical procedures; (J) actions involving domestic violence under Code, Family Law Article, Title 4, Subtitle 5; (K) juvenile causes under Code, Courts Article, Title 3, Subtitles 8 and 8A; (L) matters assigned to the family division by the County Administrative Judge that are related to actions in the family division and appropriate for assignment to the family division; and (M) civil and criminal contempt arising out of any of the categories of actions and matters set forth in subsection (a) (2) (A) through (a) (2) (L) of this Rule. Committee note. -- The jurisdiction of the circuit courts, the District Court, and the Orphan's Court is not affected by this section. For example, the District Court has concurrent jurisdiction with the circuit court over proceedings under Code, Family Law Article, Title 4, Subtitle 5. (3) Family support services. Subject to the availability of funds, the following family support services shall be available through the family division for use when appropriate in a particular action: (A) mediation in custody and visitation matters; (B) custody investigations; (C) trained personnel to respond to emergencies; (D) mental health evaluations and evaluations for alcohol and drug abuse; (E) information services, including procedural assistance to self-represented litigants; Committee note. -- This subsection is not intended to interfere with existing projects that provide assistance to self-represented litigants. (F) information regarding lawyer referral services; (G) parenting coordination services as permitted by Rule 9-205.2;

(H) parenting seminars; and (I) any additional family support services for which funding is provided. Committee note. -- Examples of additional family support services that may be provided include general mediation programs, case managers, and family follow-up services. (4) Responsibilities of the County Administrative Judge. The County Administrative Judge of the Circuit Court for each county having a family division shall: (A) allocate sufficient available judicial resources to the family division so that actions are heard expeditiously in accordance with applicable law and the case management plan required by Rule 16-202 b; Committee note. -- This Rule neither requires nor prohibits the assignment of one or more judges to hear family division cases on a full-time basis. Rather, it allows each County Administrative Judge the flexibility to determine how that county's judicial assignments are to be made so that actions in the family division are heard expeditiously. Additional matters for county-by-county determination include whether and to what extent masters, special masters, and examiners are used to assist in the resolution of family division cases. Nothing in this Rule affects the authority of a circuit court judge to act on any matter within the jurisdiction of the circuit court. (B) provide in the case management plan required by Rule 16-202 b criteria for: (i) requiring parties in an action assigned to the family division to attend a scheduling conference in accordance with Rule 2-504.1 (a) (1) and (ii) identifying those actions in the family division that are appropriate for assignment to a specific judge who shall be responsible for the entire case unless the County Administrative Judge subsequently decides to reassign it; Cross references. -- For rules concerning the referral of matters to masters as of course, see Rules 2-541 and 9-208. (C) appoint a family support services coordinator whose responsibilities include: (i) compiling, maintaining, and providing lists of available public and private family support services, (ii) coordinating and monitoring referrals in actions assigned to the family division, and (iii) reporting to the County Administrative Judge concerning the need for additional family support services or the modification of existing services; and (D) prepare and submit to the Chief Judge of the Court of Appeals, no later than October 15 of each year, a written report that includes a description of family support services needed by the

court's family division, a fiscal note that estimates the cost of those services for the following fiscal year, and, whenever practicable, an estimate of the fiscal needs of the Clerk of the Circuit Court for the county pertaining to the family division. (b) Circuit courts without a family division. (1) Applicability. This section applies to circuit courts for counties having less than eight resident judges of the circuit court authorized by law. (2) Family support services. Subject to availability of funds, the family support services listed in subsection (a) (3) of this Rule shall be available through the court for use when appropriate in cases in the categories listed in subsection (a) (2) of this Rule. (3) Family support services coordinator. The County Administrative Judge shall appoint a full-time or part-time family support services coordinator whose responsibilities shall be substantially as set forth in subsection (a) (4) (C) of this Rule. (4) Report to the Chief Judge of the Court of Appeals. The County Administrative Judge shall prepare and submit to the Chief Judge of the Court of Appeals, no later than October 15 of each year, a written report that includes a description of the family support services needed by the court, a fiscal note that estimates the cost of those services for the following fiscal year, and, whenever practicable, an estimate of the fiscal needs of the Clerk of the Circuit Court for the county pertaining to family support services. HISTORY: (Added January 13, 1998, effective July 1, 1998; amended March 5, 2001, effective July 1, 2001; January 8, 2002, effective Febuary 1, 2002; June 7, 2011, effective July 1, 2011; September 8, 2011, effective January 1, 2012.) MARYLAND RULES TITLE 16. COURTS, JUDGES, AND ATTORNEYS CHAPTER 200. THE CALENDAR -- ASSIGNMENT AND DISPOSITION OF MOTIONS AND CASES Md. Rule 16-205 (2012) Rule 16-205. Business and technology case management program (a) Definitions. The following definitions apply in this Rule: (1) ADR. "ADR" means "alternative dispute resolution" as defined in Rule 17-102. (2) Program. "Program" means the business and technology case management program established pursuant to this Rule. (3) Program judge. "Program judge" means a judge of a circuit court who is assigned to the program.

(b) Program established. Subject to the availability of fiscal and human resources, a program approved by the Chief Judge of the Court of Appeals shall be established to enable each circuit court to handle business and technology matters in a coordinated, efficient, and responsive manner and to afford convenient access to lawyers and litigants in business and technology matters. The program shall include: (1) a program track within the differentiated case management system established under Rule 16202; (2) the procedure by which an action is assigned to the program; (3) program judges who are specially trained in business and technology; and (4) ADR proceedings conducted by persons qualified under Title 17 of these Rules and specially trained in business and technology. Cross references. -- See Rules 16-101 a and 16-103 a concerning the assignment of a judge of the circuit court for a county to sit as a program judge in the circuit court for another county. (c) Assignment of actions to the program. On written request of a party or on the court's own initiative, the Circuit Administrative Judge of the circuit in which an action is filed or the Administrative Judge's designee may assign the action to the program if the judge determines that the action presents commercial or technological issues of such a complex or novel nature that specialized treatment is likely to improve the administration of justice. Factors that the judge may consider in making the determination include: (1) the nature of the relief sought, (2) the number and diverse interests of the parties, (3) the anticipated nature and extent of pretrial discovery and motions, (4) whether the parties agree to waive venue for the hearing of motions and other pretrial matters, (5) the degree of novelty and complexity of the factual and legal issues presented, (6) whether business or technology issues predominate over other issues presented in the action, and (7) the willingness of the parties to participate in ADR procedures. (d) Assignment to program judge. Each action assigned to the program shall be assigned to a specific program judge. The program judge to whom the action is assigned shall hear all proceedings until the matter is concluded, except that, if necessary to prevent undue delay, prejudice, or injustice, the Circuit Administrative Judge or the Circuit Administrative Judge's designee may designate another judge to hear a particular pretrial matter. That judge shall be a program judge, if practicable. (e) Scheduling conference; Order. Promptly after an action is assigned, the program judge shall (1) hold a scheduling conference under Rule 2-504.1 at which the program judge and the parties discuss the scheduling of discovery, ADR, and a trial date and (2) enter a scheduling order under Rule 2-504 that includes case management decisions made by the court at or as a result of the scheduling conference. HISTORY: (Added Oct. 31, 2002, effective Jan. 1, 2003.)

MARYLAND RULES TITLE 16. COURTS, JUDGES, AND ATTORNEYS CHAPTER 200. THE CALENDAR -- ASSIGNMENT AND DISPOSITION OF MOTIONS AND CASES Md. Rule 16-206 (2012) Rule 16-206. Problem-solving court programs (a) Applicability. (1) Generally. This Rule applies to problem-solving court programs, which are specialized court dockets or programs that address matters under a court's jurisdiction through a multi-disciplinary and integrated approach incorporating collaboration by the court with other governmental entities, community organizations, and parties. Committee note. -- Problem-solving court programs include adult and juvenile drug treatment, DUI, mental health, truancy, and family recovery programs. (2) Existing programs; programs submitted for approval on or after July 1, 2010. This Rule applies in its entirety to problem-solving court programs submitted for approval on or after July 1, 2010. Sections (d), (e), and (f) of this Rule apply also to problem-solving court programs in existence on July 1, 2010. (b) Submission of plan. After consultation with the Office of Problem-Solving Courts and any officials whose participation in the program will be required, the County Administrative Judge of a circuit court or a District Administrative Judge of the District Court may prepare and submit to the State Court Administrator a detailed plan for a problem-solving program consistent with the protocols and requirements in an Administrative Order of the Chief Judge of the Court of Appeals. Committee note. -- Examples of officials to be consulted include individuals in the Office of the State's Attorney; Office of the Public Defender; Department of Juvenile Services; health, addiction, and education agencies; the Division of Parole and Probation; and the Department of Human Resources. (c) Approval of plan. After review of the plan, the State Court Administrator shall submit the plan, together with any comments and a recommendation, to the Court of Appeals. The program shall not be implemented until it is approved by the Court of Appeals. (d) Acceptance of participant into program. (1) Written agreement required; contents. As a condition of acceptance into a program and after the advice of counsel, if any, a prospective participant shall execute a written agreement that sets forth: (A) the requirements of the program,

(B) the protocols of the program, including protocols concerning the authority of the judge to initiate, permit, and consider ex parte communications pursuant to Rule 2.9 of the Maryland Code of Judicial Conduct; (C) the range of sanctions that may be imposed while the participant is in the program; and (D) any rights waived by the participant, including any rights under Rule 4-215 or Code, Courts Article, 3-8A-20. Committee note. -- The written agreement shall be in addition to any advisements that are required under Rule 4-215 or Code, Courts Article, 3-8A-20, if applicable. (2) Examination on the record. The court may not accept the prospective participant into the program until, after an examination of the prospective participant on the record, the court determines and announces on the record that the prospective participant knowingly and voluntarily enters into the agreement and understands it. (3) Agreement to be made part of the record. A copy of the agreement shall be made a part of the record. (e) Immediate sanctions; loss of liberty or termination from program. In accordance with the protocols of the program, the court may, for good cause, impose an immediate sanction on a participant, except that if the participant is considered for the imposition of a sanction involving the loss of liberty or termination from the program, the participant shall be afforded notice, an opportunity to be heard, and the right to be represented by counsel before the court makes its decision. If a hearing is required by this section and the participant is unrepresented by counsel, the court shall comply with Rule 4-215 in a criminal action or Code, Courts Article, 3-8A-20 in a delinquency action before holding the hearing. Committee note. -- In considering whether a judge should be disqualified pursuant to Rule 2.11 of the Code of Judicial Conduct from post-termination proceedings involving a participant who has been terminated from a problem-solving court program, the judge should be sensitive to any exposure to ex parte communications or inadmissible information the judge may have received while the participant was in the program. (f) Credit for incarceration time served. If a participant is terminated from a program, any period of time for which the participant was incarcerated as a sanction during participation in the program shall be credited against any sentence imposed or directed to be executed in the action. HISTORY: (Added March 9, 2010, effective July 1, 2010.) MARYLAND RULES TITLE 16. COURTS, JUDGES, AND ATTORNEYS CHAPTER 300. CIRCUIT COURT CLERKS' OFFICES Md. Rule 16-301 (2012)

Rule 16-301. Personnel in clerks' offices a. Chief deputy clerk. (1) The clerk may appoint a chief deputy clerk. The appointment is not subject to subsection (d) (3) of this Rule. (2) Subject to paragraph (3) of this section, a chief deputy clerk serves at the pleasure of the clerk. (3) The appointment, retention and removal of a chief deputy clerk shall be subject to the authority and approval of the Chief Judge of the Court of Appeals, after consultation with the County Administrative Judge. b. Other employees. All other employees in the clerk's office shall be subject to a personnel system to be established by the State Court Administrator and approved by the Court of Appeals. The personnel system shall provide for equal opportunity, shall be based on merit principles, and shall include appropriate job classifications and compensation scales. c. Certain deputy clerks. Persons serving as deputy clerks on July 1, 1991 who qualify for pension rights under Code, State Personnel and Pensions Article, 23-404 shall hold over as deputy clerks but shall have no fixed term and shall in all respects be subject to the personnel system established pursuant to section (b) of this Rule. d. Personnel procedures. (1) The State Court Administrator shall develop standards and procedures for the selection and appointment of new employees and the promotion, reclassification, transfer, demotion, suspension, discharge or other discipline of employees in the clerks' offices. These standards and procedures shall be subject to the approval of the Court of Appeals. (2) If a vacancy occurs in a clerk's office, the clerk shall seek authorization from the State Court Administrator to fill the vacancy. (3) The selection and appointment of new employees and the promotion, reclassification, transfer, demotion, suspension, discharge or other discipline of employees shall be in accordance with the standards and procedures established by the State Court Administrator. (4) The State Court Administrator may review the selection or promotion of an employee to ensure compliance with the standards and procedures established pursuant to this Rule. (5) An employee grievance shall be resolved in accordance with procedures established by the State Court Administrator. The clerk shall resolve a grievance within the clerk's office, but appeals of the grievance to the State Court Administrator or a designee of the State Court Administrator shall be allowed and shall constitute the final step in the grievance procedure.

(6) The Administrative Office of the Courts shall prepare the payroll and time and attendance reports for the clerks' offices. The clerks shall submit the information and other documentation that the Administrative Office requires for this purpose. HISTORY: (Added May 9, 1991, effective July 1, 1991; amended June 5, 1996, effective Jan. 1, 1997; Jan. 20, 1999, effective July 1, 1999.) MARYLAND RULES TITLE 16. COURTS, JUDGES, AND ATTORNEYS CHAPTER 300. CIRCUIT COURT CLERKS' OFFICES Md. Rule 16-302 (2012) Rule 16-302. Operations in clerks' offices a. Procurement. A clerk may not purchase, lease, or otherwise procure any service or property, including equipment, except in accordance with procedures established by the State Court Administrator. Unless otherwise provided by those procedures, the clerk shall submit all procurement requests to the State Court Administrator in the form and with the documentation that the Administrator requires. b. General operations. The State Court Administrator shall develop policies, procedures, and standards for all judicial and non-judicial operations of the clerks' offices, including case processing, records management, forms control, accounting, budgeting, inventory, and data processing. The current data processing systems in Baltimore City, Prince George's County, and Montgomery County shall not be replaced except by order of the Chief Judge of the Court of Appeals. c. Audits. The Administrative Office of the Courts may audit the operations and accounts of the clerks' offices. d. Submission of budget. Each clerk shall submit an annual budget to the State Court Administrator for the review and approval of the Chief Judge of the Court of Appeals. The budget shall be submitted at the time specified by the State Court Administrator and shall be in the form prescribed by the Secretary of Budget and Fiscal Planning. e. County Administrative Judge to supervise certain functions. The case assignment function and the jury selection process, whether or not located in the clerk's office, shall be subject to the overall supervision of the County Administrative Judge or a judge designated by the County Administrative Judge. HISTORY: (Added May 9, 1991, effective July 1, 1991; amended June 5, 1996, effective Jan. 1, 1997.) MARYLAND RULES TITLE 16. COURTS, JUDGES, AND ATTORNEYS CHAPTER 300. CIRCUIT COURT CLERKS' OFFICES

Md. Rule 16-303 (2012) Rule 16-303. Payment of money into court All money paid into court under an order or on account of a pending action shall be deposited by the clerk in a bank and noted in an appropriate record. The clerk shall disburse the money only upon order of the court and, unless the court otherwise directs, only by check payable to the order of the party entitled and the party's counsel of record. HISTORY: (Added Oct. 1, 1980, effective Jan. 1, 1981; amended June 5, 1996, effective Jan. 1, 1997.) MARYLAND RULES TITLE 16. COURTS, JUDGES, AND ATTORNEYS CHAPTER 300. CIRCUIT COURT CLERKS' OFFICES Md. Rule 16-304 (2012) Rule 16-304. Clerks' offices -- Hours The office of each clerk of court shall be open to the public for the transaction of all business of the court from at least 8:30 a.m. to 4:30 p.m. Monday through Friday of each week. Each clerk's office shall be open during the additional hours and on the additional days the judge or judges of the court shall prescribe. The office shall not be open on the holidays set forth in Rule 16-106 (Court Sessions -- Holidays -- Time for Convening) unless otherwise ordered by the County Administrative Judge. In the event of an emergency and in the interest of the public welfare, the Chief Judge of the Court of Appeals may order a clerk's office to be closed for the transaction of all business of the court on any day. HISTORY: (Amended Sept. 9, 1969; Dec. 13, 1973; July 1, 1974; May 19, 1978, effective July 1, 1978; June 5, 1996, effective Jan. 1, 1997; Dec. 10, 1996, effective Jan. 1, 1997.) MARYLAND RULES TITLE 16. COURTS, JUDGES, AND ATTORNEYS CHAPTER 300. CIRCUIT COURT CLERKS' OFFICES Md. Rule 16-305 (2012) Rule 16-305. Dockets The clerks of the courts shall maintain such dockets in such form and containing such information as shall be prescribed by the Chief Judge of the Court of Appeals. HISTORY: (Amended June 5, 1996, effective Jan. 1. 1997.)

MARYLAND RULES TITLE 16. COURTS, JUDGES, AND ATTORNEYS CHAPTER 300. CIRCUIT COURT CLERKS' OFFICES Md. Rule 16-306 (2012) Rule 16-306. Filing and removal of papers a. Flat filing. Any paper received by the clerk shall be filed flat in an appropriate folder. (Amended Apr. 6, 1984, effective July 1, 1984.) b. Docket entries. Each case file shall include a copy of the docket entries pertaining to that case. (Amended Apr. 6, 1984, effective July 1, 1984.) c. Exhibits filed with pleadings. The clerk shall, when practicable, file exhibits with the papers which they accompany. In other cases, the clerk shall file exhibits by such method as may be most convenient and practicable. (Amended Apr. 6, 1984, effective July 1, 1984.) d. Removal of papers and exhibits. 1. Court papers and exhibits filed with pleadings. No paper or exhibit filed with a pleading in any case pending in or decided by the court shall be removed from the clerk's office, except by direction of a judge of the court, and except as authorized by rule or law; provided, however, that an attorney of record, upon signing a receipt, may withdraw any such paper or exhibit for presentation to the court, an auditor, or examiner-master, and an auditor or examiner-master, upon signing a receipt, may withdraw such paper or exhibit in connection with the performance of his official duties. 2. Exhibits filed during trial. All exhibits introduced in evidence or marked for identification during the trial of a case, and not filed as a part of or with the pleadings, shall be retained by the clerk of court or such other person as may be designated by the court. After either (i) the time for appeal has expired, or (ii) in the event of an appeal, the mandate has been received by the clerk, the clerk shall send written notice to all counsel of record advising them that if no request to withdraw the exhibits is received within 30 days from the date of the notice, the exhibits will be disposed of. Unless a request is received by the clerk within 30 days from the date of notice, or unless the court within that period shall order otherwise, the clerk shall dispose of the exhibits in any manner, including destruction, as may be appropriate. (Amended Oct. 1, 1980, effective Jan. 1, 1981; Apr. 6, 1984, effective July 1, 1984.) Committee note. -- This subsection is intended to provide for the safeguarding of trial exhibits. In the absence of a request to withdraw such exhibits, the clerk is given discretion as to their disposition. It is assumed that exhibits such as hospital records, bank records, police records, etc., would normally be returned by the clerk to the proper custodian. Other exhibits might be destroyed, although parties interested in preserving any exhibits could ask for appropriate action by the court. It should be noted that exhibits filed with the pleadings, even though admitted in evidence or marked for identification do not fall under the "disposition" provision of this

subsection, but instead under subsection 1. e. Record of removed papers. Whenever a court file or any paper contained therein is removed from the clerk's office pursuant to this Rule, the clerk shall maintain an appropriate record of its location while out of his hands, including a notation on the docket, if such file or papers are removed from the courthouse. HISTORY: (Amended Apr. 6, 1984, effective July 1, 1984; June 5, 1996, effective Jan. 1, 1997.) MARYLAND RULES TITLE 16. COURTS, JUDGES, AND ATTORNEYS CHAPTER 300. CIRCUIT COURT CLERKS' OFFICES Md. Rule 16-307 (2012) Rule 16-307. Electronic filing of pleadings, papers and real property instruments a. Applicability; conflicts with other rules. This Rule applies to the electronic filing of pleadings and papers in a circuit court and to the electronic filing of instruments authorized or required by law to be recorded and indexed in the land records. A pleading, paper or instrument may not be filed by direct electronic transmission to the court except in accordance with this Rule. To the extent of any inconsistency with any other Rule, this Rule and any administrative order entered pursuant to it shall prevail. Committee note. -- Code, Real Property Article, 3-502. b. Submission of plan. A County Administrative Judge may submit to the State Court Administrator a detailed plan for a pilot project for the electronic filing of pleadings and papers or of real property instruments. In developing the plan, the County Administrative Judge shall consult with the Clerk of the Circuit Court, appropriate vendors, the State Court Administrator, and any other judges, court clerks, members of the bar, vendors of electronic filing systems, and interested persons that the County Administrative Judge chooses to ensure that: (1) the proposed electronic filing system is compatible with the data processing systems, operational systems, and electronic filing systems used or expected to be used by the judiciary; (2) the installation and use of the proposed system does not create an undue financial or operational burden on the court; (3) the proposed system is reasonably available for use at a reasonable cost, or an efficient and compatible system of manual filing will be maintained; (4) the proposed system is effective, secure and not likely to break down; (5) the proposed system makes appropriate provision for the protection of privacy and for public access to public records; and (6) the court can discard or replace the system during or at the conclusion of a trial period without undue financial or operational burden. The State Court Administrator shall review the plan and make a recommendation to the Court of Appeals with respect to it. Cross references. -- For the definition of "public record," see Code, State Government Article, 10-611. c. Approval; duration. A plan may not be implemented unless approved by administrative order of

the Court of Appeals. The plan shall terminate two years after the date of the administrative order unless the Court terminates it earlier or modifies or extends it by a subsequent administrative order. d. Evaluation. The Chief Judge of the Court of Appeals may appoint a committee consisting of one or more judges, court clerks, lawyers, legal educators, bar association representatives, and other interested and knowledgeable persons to monitor and evaluate the plan. Before the expiration of the two-year period set forth in section c of this Rule, the Court of Appeals, after considering the recommendations of the committee, shall evaluate the operation of the plan. e. Public availability of plan. The State Court Administrator and the Clerk of the Circuit Court shall make available for public inspection a copy of any current plan. HISTORY: (Added June 5, 1995, effective July 1, 1995; amended June 5, 1996, effective Jan. 1, 1997; Oct. 31, 2002, effective Jan. 1, 2003; Dec. 4, 2007, effective Jan. 1, 2008.) MARYLAND RULES TITLE 16. COURTS, JUDGES, AND ATTORNEYS CHAPTER 300. CIRCUIT COURT CLERKS' OFFICES Md. Rule 16-308 (2012) Rule 16-308. Court information system a. Report of docketing and disposition of cases. The clerk shall promptly transmit to the Administrative Office of the Courts in a manner prescribed by the State Court Administrator the data elements concerning the docketing and disposition of criminal, juvenile and civil cases as may be designated by the State Court Administrator. b. Reporting and transmittal of criminal history record information. 1. The Administrative Office of the Courts shall transmit to the Central Repository of Criminal History Record Information of the Department of Public Safety and Correctional Services the data elements of criminal history record information on offenses agreed to by the Secretary of the Department of Public Safety and Correctional Services and the Chief Judge of the Court of Appeals or his designee for purposes of completing a criminal history record maintained by the Central Repository of Criminal History Record Information. 2. Transmittal of reports of dispositions. (a) As directed by Administrative Order of the Chief Judge of the Court of Appeals, Judicial Information Systems shall report to the State Motor Vehicle Administration the conviction, forfeiture of bail, dismissal of an appeal or an acquittal in any case involving a violation of the Maryland Vehicle Law or other traffic law or ordinance, or any conviction for manslaughter or assault committed by means of an automobile, or of any felony involving the use of an automobile. (b) When a defendant has been charged by citation and a conviction is entered by reason of his payment of a fine or forfeiture of collateral or bond before trial, the conviction is not a reportable

event under Code, Criminal Procedure Article, 10-215(a)(10). c. Inspection of criminal history record information contained in court records of public judicial proceedings. Unless expunged, sealed, marked confidential or otherwise prohibited by statute, court rule or order, criminal history record information contained in court records of public judicial proceedings is subject to inspection by any person at the times and under conditions as the clerk of a court reasonably determines necessary for the protection of the records and the prevention of unnecessary interference with the regular discharge of the duties of his office. Cross references. -- See Code, Courts Article, 2-203 and 13-101 (d) and (f), Criminal Procedure Article, 10-201, 10-214, 10-217, and State Government Article, 10-612 through 10-619. HISTORY: (Added June 30, 1973, effective July 1, 1973; Nov. 4, 1977, effective Jan. 1, 1978; Dec. 21, 1977, effective Jan. 1, 1978; June 5, 1996, effective Jan. 1, 1997; Jan. 8, 2002, effective Feb. 1, 2002; Dec. 4, 2007, effective Jan. 1, 2008.) MARYLAND RULES TITLE 16. COURTS, JUDGES, AND ATTORNEYS CHAPTER 300. CIRCUIT COURT CLERKS' OFFICES Md. Rule 16-309 (2012) Rule 16-309. Notice to Court of Special Appeals By the third working day of each month, the clerk shall send or electronically transmit to the Clerk of the Court of Special Appeals a list of all cases in which, during the preceding calendar month, (1) a notice of appeal to the Court of Special Appeals has been filed, (2) a timely motion pursuant to Rule 2-532, 2-533, or 2-534 has been filed after the filing of a notice of appeal, or (3) an application for leave to appeal has been filed, or (4) a notice of appeal or an application for leave to appeal to the Court of Special Appeals has been stricken pursuant to Rule 8-203. The list shall include the title and docket number of the case, the name and address of counsel for appellant(s), and the date on which the notice of appeal, the motion, or the dismissal was filed. HISTORY: (Added May 5, 1976, effective July 1, 1976; amended May 7, 1982, effective July 1, 1982; Apr. 6, 1984, effective July 1, 1984; June 5, 1996, effective January 1, 1997; October 31, 2002, effective January 1, 2003; September 8, 2011, effective January 1, 2012.) MARYLAND RULES TITLE 16. COURTS, JUDGES, AND ATTORNEYS CHAPTER 400. ATTORNEYS, OFFICERS OF COURT AND OTHER PERSONS Md. Rule 16-401 (2012) Rule 16-401. Proscribed activities -- Gratuities, etc a. Giving prohibited. No attorney shall give, either directly or indirectly, to an officer or employee of a court, or of an office serving a court, a gratuity, gift or any compensation related to his official duties and not expressly authorized by rule or law.

b. Receiving prohibited. No officer or employee of any court, or of any office serving a court, shall accept a gratuity or gift, either directly or indirectly, from a litigant, an attorney or any person regularly doing business with the court, or any compensation related to such officer's or employee's official duties and not expressly authorized by rule or law. HISTORY: (Amended, June 5, 1996, effective Jan. 1, 1997; Nov. 12, 2003, effective Jan. 1, 2004; Feb. 10, 2009, effective May 1, 2009; June 7, 2011, effective July 1, 2011.) MARYLAND RULES TITLE 16. COURTS, JUDGES, AND ATTORNEYS CHAPTER 400. ATTORNEYS, OFFICERS OF COURT AND OTHER PERSONS Md. Rule 16-402 (2012) Rule 16-402. Attorneys and other officers not to become sureties [Deleted Mar. 5, 2001, effective July 1, 2001.] MARYLAND RULES TITLE 16. COURTS, JUDGES, AND ATTORNEYS CHAPTER 400. ATTORNEYS, OFFICERS OF COURT AND OTHER PERSONS Md. Rule 16-403 (2012) Rule 16-403. Trust clerk The circuit court for each county and the Supreme Bench of Baltimore City shall designate a trust clerk and shall determine the trust clerk's compensation. HISTORY: (Added Feb. 2, 1970; amended Oct. 1, 1980, effective Jan. 1, 1981; June 5, 1996, effective Jan. 1, 1997.) MARYLAND RULES TITLE 16. COURTS, JUDGES, AND ATTORNEYS CHAPTER 400. ATTORNEYS, OFFICERS OF COURT AND OTHER PERSONS Md. Rule 16-404 (2012) Rule 16-404. Administration of court reporters a. Applicability. Section b of this Rule applies to court reporters in the circuit courts and the District Court. Sections c, d, and e apply in the circuit courts only. b. Establishment of regulations and standards. The Chief Judge of the Court of Appeals shall prescribe regulations and standards regarding court reporters and the system of reporting in the courts of the State. The regulations and standards may include:

(1) the selection, qualifications, and responsibilities of court reporters; (2) procedures and regulations; (3) preparation, typing, and format of transcripts; (4) charges for transcripts and copies; (5) preservation and maintenance of reporting notes and records, however recorded; (6) equipment and supplies utilized in reporting; and (7) procedures for filing and maintaining administrative records and reports. Cross references. -- Rule 16-504. c. Number of court reporters -- Supervisory court reporter. Each circuit court shall have the number of court reporters recommended by the County Administrative Judge and approved by the Chief Judge of the Court of Appeals. In a county with more than one court reporter, the County Administrative Judge shall designate one as supervisory court reporter, who shall serve at the pleasure of the County Administrative Judge. The Chief Judge of the Court of Appeals shall prescribe the duties of the supervisory court reporter. d. Supervision of court reporters. Subject to the general supervision of the Chief Judge of the Court of Appeals, the County Administrative Judge shall have the supervisory responsibility for the court reporters in that county. The County Administrative Judge may delegate supervisory responsibility to the supervisory court reporter, including the assignment of court reporters. e. Methods of reporting -- Proceedings to be recorded. Each court reporter assigned to record a proceeding shall record verbatim by shorthand, stenotype, mechanical, or electronic audio recording methods, electronic word or text processing methods, or any combination of these methods, and shall maintain that record subject to regulations and standards prescribed by the Chief Judge of the Court of Appeals, except that a court reporter need not record an audio or audiovisual recording offered or used at a hearing or trial. All proceedings held in open court, including opening statements, closing arguments, and hearings on motions, shall be recorded in their entirety, unless the court and the parties agree otherwise. HISTORY: (Amended, June 5, 1996, effective Jan. 1, 1997; Dec. 16, 1999, effective Jan. 1, 2000; Mar. 5, 2001, effective July 1, 2001; April 5, 2005, effective July 1, 2005; amended Sept. 10, 2009, effective Oct. 1, 2009.) MARYLAND RULES TITLE 16. COURTS, JUDGES, AND ATTORNEYS CHAPTER 400. ATTORNEYS, OFFICERS OF COURT AND OTHER PERSONS Md. Rule 16-405 (2012)

Rule 16-405. Electronic audio and audio-video recording of circuit court proceedings a. Authorization. The Circuit Administrative Judge for a judicial circuit, after consultation with the County Administrative Judge for a county, may authorize the electronic audio or audio-video recording in courtrooms or hearing rooms in that county of proceedings required or permitted to be recorded by Rule 16-404 e. b. Identification. The or other designee of the court clerk shall affix to the electronic audio or audio-video recording a label containing the following information: 1. the name of the court; 2. the docket reference of each proceeding included on the recording; 3. the date on which the proceeding was recorded; and 4. any other identifying letters, marks, or numbers. c. Trial log; exhibit list. The clerk or other designee of the court shall keep a written log identifying each proceeding recorded on an audio or audio-video recording and, for each proceeding recorded, a log listing the recording references for the beginning and end of each witness's testimony, an exhibit list, and any portion of the audio or audio-video recording that has been safeguarded pursuant to section d of this Rule. The original logs and exhibit list shall remain with the original papers in the circuit court. A copy of the logs and the exhibit list shall be kept with the audio or audio-video recording. d. Safeguarding Confidential or Non-Public Portions of Proceedings. If a portion of a proceeding that is recorded by audio or audio-video recording involves placing on the record matters that would not be heard in open court or open to public inspection, the court shall direct that appropriate safeguards be placed on that portion of the recording. e. Presence of court reporter not necessary; conflicts with other rules. 1. If circuit court proceedings are recorded by audio or audio-video recording, it is not necessary for a court reporter to be present in the courtroom. 2. In the event of a conflict between this Rule and another Rule, this Rule shall prevail. HISTORY: (Added Nov. 22, 1989, effective Jan. 1, 1990; amended July 16, 1992; June 5, 1996, effective Jan. 1, 1997; Oct. 31, 2002, effective Jan. 1, 2003; April 5, 2005, effective July 1, 2005.) MARYLAND RULES TITLE 16. COURTS, JUDGES, AND ATTORNEYS CHAPTER 400. ATTORNEYS, OFFICERS OF COURT AND OTHER PERSONS Md. Rule 16-406 (2012)

Rule 16-406. Access to electronic audio and audio-video recordings of proceedings in the circuit court a. Control -- In general. Electronic audio and audio-video recordings made pursuant to Rules 16404 and 16-405 are under the control of the court having custody of them. Access to and copying of those recordings are subject to the provisions of this Rule and Rule 16-405 d. Cross references. -- Code, State Government Article, 10-615. b. Access - In General. No person other than a duly authorized court official or employee shall have direct access to or possession of an official audio or audio-video recording. Subject to Rule 16-405 d and unless otherwise ordered by the court, any person may view an official audio-video recording at the times and places determined by the court having custody of the recording. Copies of audio recordings and, where practicable, the audio portion of audio-video recordings, may be purchased as provided in this Rule. c. Right to Obtain Copy of Audio Recording or Audio Portion of Audio-Video Recording. Subject to Rule 16-405 d and unless otherwise ordered by the court, the authorized custodian of an official audio recording or the audio portion of an audio-video recording shall make a copy of the audio recording or, if practicable, the audio portion of the audio-video recording, or any portion thereof, available to any person upon written request and the payment of reasonable costs, unless payment is waived by the court. d. Right to copy of audio-video recording; restrictions. 1. Upon written request and the payment of reasonable costs, the authorized custodian of an official videotape recording shall make a copy of the recording, or any part requested, available to: (A) a party to the action or the party's attorney; (B) a stenographer, court reporter, or transcription service designated by the court for the purpose of preparing an official transcript from the recording; and (C) the Commission on Judicial Disabilities or its designee. 2. Unless authorized by an order of court, a person who receives a copy of an audio-video recording pursuant to this section shall not (A) make or cause to be made any additional copy of the recording or (B) except for a non-sequestered witness or an agent, employee, or consultant of the attorney, make the recording available to any person not entitled to it pursuant to this section. e. Other persons. 1. This section does not apply to the audio-video recording of (A) a criminal proceeding, (B) a revocation of probation proceeding, or (C) any proceeding that is confidential by law. The right to obtain a copy of an audio-video recording in those proceedings is governed solely by section d of

this Rule. 2. A person not entitled to a copy of an audio-video recording pursuant to section d of this Rule may file a request to obtain a copy pursuant to this section. The person shall file the request with the clerk of the circuit court in which the proceeding was conducted and shall serve a copy of the request pursuant to Rule 1-321 on each party to the action. 3. A party may file a written response to the request within five days after being served with the request. Any other interested person may file a response within 5 days after service of the request on the last party to be served. 4. The clerk shall refer the request and all responses to the judge who conducted the proceeding. If the action has been transferred to another circuit court, the clerk shall transfer the matter to that court. 5. If the action is still pending in the court, the court shall deny the request unless (A) all parties have affirmatively consented and no interested person has filed a timely objection or (B) the court finds good cause to grant the request. If judgment has been entered in the action, the court shall grant the request unless it finds good cause to the contrary, but the court may delay permission to obtain the copy until either all appellate proceedings are completed or the right to further appellate review has lapsed. HISTORY: (Added Nov. 22, 1989, effective Jan. 1, 1990; amended June 5, 1996, effective Jan. 1, 1997; Nov. 12, 2003, effective Jan. 1, 2004; April 5, 2005, effective July 1, 2005; amended Sept. 10, 2009, effective Oct. 1, 2009.) MARYLAND RULES TITLE 16. COURTS, JUDGES, AND ATTORNEYS CHAPTER 500. COURT ADMINISTRATION -- DISTRICT COURT Md. Rule 16-501 (2012) Rule 16-501. Applicability The rules in this Chapter apply to the District Court. MARYLAND RULES TITLE 16. COURTS, JUDGES, AND ATTORNEYS CHAPTER 500. COURT ADMINISTRATION -- DISTRICT COURT Md. Rule 16-502 (2012) Rule 16-502. Payment of money into court All money paid into court on account of a pending action shall be deposited by the clerk in a bank and noted in an appropriate record. The clerk shall disburse the money only upon order of the court and, unless the court otherwise directs, only by check payable to the order of the party

entitled and the party's counsel of record. HISTORY: (Added May 14, 1992, effective July 1, 1992; amended June 5, 1996, effective Jan. 1, 1997.) MARYLAND RULES TITLE 16. COURTS, JUDGES, AND ATTORNEYS CHAPTER 500. COURT ADMINISTRATION -- DISTRICT COURT Md. Rule 16-503 (2012) Rule 16-503. Court information system a. Reporting and transmittal of criminal history record information. 1. The District Court of Maryland shall transmit to the Central Repository of Criminal History Record Information of the Department of Public Safety and Correctional Services the data elements of criminal history record information on offenses agreed to by the Secretary of the Department of Public Safety and Correctional Services and the Chief Judge of the Court of Appeals or his designee for purposes of completing a criminal history record maintained by the Central Repository of Criminal History Record Information. 2. Transmittal of reports of dispositions. When a defendant has been charged by citation and a conviction is entered by reason of his payment of a fine or forfeiture of collateral before trial, the conviction is not a reportable event under Code, Criminal Procedure Article, 10-215(a)(10). b. Inspection of criminal history record information contained in court records of public judicial proceedings. Unless expunged, sealed, marked confidential or otherwise prohibited by statute, court rule or order, criminal history record information contained in court records of public judicial proceedings is subject to inspection by any person at the times and under conditions as the clerk of a court reasonably determines necessary for the protection of the records and the prevention of unnecessary interference with the regular discharge of the duties of his office. Cross references. -- See Code, Courts Article, 2-203 and 13-101(d) and (f), Code, Criminal Procedure Article, 10-201, 10-214, and 10-217, and Code, State Government Article, 10-612 through 10-619. For definition of court records, see Rule 4-502(d). HISTORY: (Added Dec. 21, 1977, effective Jan. 1, 1978; amended June 5, 1996, effective Jan. 1, 1997; Jan. 8, 2002, effective Feb. 1, 2002.) MARYLAND RULES TITLE 16. COURTS, JUDGES, AND ATTORNEYS CHAPTER 500. COURT ADMINISTRATION -- DISTRICT COURT Md. Rule 16-504 (2012) Rule 16-504. Recording of proceedings

a. Audio Recording Required. All trials, hearings, and other proceedings before a judge in open court shall be recorded verbatim by an audio recording device provided by the Court. The Chief Judge of the District Court may authorize recording by additional means, including audio-video recording. The recording shall be filed among the court records. Audio-video recording of a proceeding and access to the audio-video recording shall be in accordance with Rules 16-405 and 16-406. b. Safeguarding Confidential or Non-Public Portions of Proceedings. If a portion of a proceeding involves placing on the record matters that would not be heard in open court or open to public inspection, the Court shall direct that appropriate safeguards be placed on that portion of the audio recording. The clerk shall create a written log listing the recording references for the beginning and end of the safeguarded portions of the recording. The log shall be kept with the original papers in the Court and a copy of the log shall be kept with the audio recording. c. Access; Right to Obtain Copy of Audio Recording. No person other than a duly authorized Court official or employee shall have direct access to or possession of an official audio recording. Subject to section b of this Rule and unless otherwise ordered by the Court, the authorized custodian of an official audio recording shall make a copy of the audio recording, or any portion thereof, available to any person upon written request and the payment of reasonable costs, unless payment is waived by the Court. HISTORY: (Added Apr. 6, 1984, effective July 1, 1984; amended June 5, 1996, effective Jan. 1, 1997; Mar. 5, 2001, effective July 1, 2001; April 5, 2005, effective July 1, 2005.) MARYLAND RULES TITLE 16. COURTS, JUDGES, AND ATTORNEYS CHAPTER 500. COURT ADMINISTRATION -- DISTRICT COURT Md. Rule 16-505 (2012) Rule 16-505. Disposition of records a. Definitions. In this Rule, unless the context or subject matter otherwise requires: 1. Dispose. "Dispose" means to either destroy or remove records. 2. Records. "Records" mean any original papers, official books, documents, and files, including but not limited to dockets, electronic recordings of testimony and exhibits within the custody of the clerk of the court. Cross references. -- See Code, 9-1009 and 10-639 through 10-642 of the State Government Article. 3. Schedule. "Schedule" means the form known as the "Records Retention and Disposal Schedule" used by the Records Management Division of the Hall of Records Commission. b. Authority. Subject to the provisions of this Rule, the clerk of the court, with the written approval

of the Chief Judge of the District Court and in cooperation with the Hall of Records Commission, may dispose of records within his custody. Cross references. -- See 2-206 of the Courts Article. c. Procedure. 1. Schedule preparation -- Hall of Records recommendation. The clerk of the court shall prepare a schedule for the disposition of court records and submit it to the Hall of Records Commission for its recommendation. 2. Chief Judge -- Approval. The schedule, together with the recommendation of the Hall of Records Commission, shall be submitted for the written approval of the Chief Judge who may approve it in whole or in part, amend it or disapprove it. 3. Court order. Approval of the schedule by the Chief Judge shall be deemed an order of court providing for disposal of the records. 4. Contents of schedule. The schedule, as approved, shall set forth: (i) The identification of the records. (ii) The length of time the records are to be retained by the clerk of the court before disposition. (iii) Whether the Hall of Records Commission declines to accept the records for preservation. (iv) Whether the records are to be destroyed or removed. (v) The place to which the records would be removed. (vi) Whether the schedule shall be "standing" viz., operative until changed by further order of court. 5. Removal procedures -- Hall of records. In those cases where the Hall of Records Commission accepts records, they shall be removed according to the Hall of Records Commission procedures. 6. Disposal if hall of records declines custody. In those cases where the Hall of Records Commission declines records, disposition shall be according to the terms set forth in the schedule as approved. If the records are to be destroyed the clerk shall obtain the approval of the Board of Public Works and upon destruction shall file a certificate of destruction with the Hall of Records Commission. Cross references. -- See Code, 10-642 of the State Government Article. Committee note. -- This Rule is meant to allow periodic destruction of records without the necessity of obtaining Board of Public Works approval each time if such destruction of records or

classes of records had been clearly approved by the Board of Public Works in a standing schedule. d. Limitations upon disposal of records. 1. Indices, dockets, and books of account. The clerk shall retain permanently all indices, dockets, and books of account. 2. Emergency evaluation and domestic violence cases. The clerk shall retain for a period of 12 years after the case is closed all original papers and exhibits in any case containing a petition for emergency evaluation or a petition for protection from domestic violence. 3. Cases involving judgment for a sum certain. In any case in which a judgment for a sum certain is entered, the clerk shall retain all original papers, exhibits, and electronic recordings of testimony for a period of three years after entry of the judgment and shall continue to retain all original papers and exhibits in the file after that three year period until the judgment expires or is satisfied. 4. Criminal cases. (i) In any criminal case which is dismissed or in which a nolle prosequi or stet is entered, the clerk shall retain all original papers, exhibits, and electronic recordings of testimony for a period of three years after the case is so concluded. (ii) In any criminal case in which judgment is entered or probation before judgment is granted, the clerk shall retain all original papers, exhibits, and electronic recordings of testimony for a period of three years after the case is so concluded, and if within that three year period the defendant fails to comply with the order of court, the clerk shall continue to retain the original papers and exhibits in the file until the failure is cured or an arrest warrant issued as a result of the failure is invalidated as permitted by law. (iii) In any criminal case for a misdemeanor in which an arrest warrant issued on the charging document or as a result of the defendant's failure to appear for trial remains unserved three years after its issuance, the clerk shall retain all the original papers and exhibits in the file until the warrant is invalidated as permitted by law. 5. Other cases. Except as provided in subsection 1, 2, 3, or 4 of this section the clerk shall retain all original papers, exhibits, and electronic recordings of testimony in a case for a period of three years after the case is concluded by dismissal, settlement, or entry of judgment. 6. Disposal if photographed, photocopied, or microphotographed -- Traffic and criminal dockets. (i) Any of the records, except dockets, set forth in subsections 1 through 5 of this section may be disposed of at any time provided that the records have been photographed, photocopied or microphotographed in accordance with the Hall of Records Commission procedures and copies have been substituted therefor, including a master security negative which shall be retained permanently.

(ii) Traffic and criminal dockets may be disposed of after a period of five years if copies are retained in accordance with subsection 6 (i) above. 7. Retention by Hall of Records. Whenever this section requires the clerk to retain records, the requirement may be satisfied by retention of the records by the Hall of Records Commission. When records retained by the clerk are twenty-five years of age, if not previously transferred to the Hall of Records Commission, they shall be transferred to that Commission, or disposed of according to schedule. HISTORY: (Added June 16, 1975, effective July 1, 1975; amended Dec. 17, 1975, effective Jan. 1, 1976; May 6, 1977, effective July 1, 1977; June 23, 1983, effective Jan. 1, 1984; Nov. 19, 1987, effective July 1, 1988; Mar. 22, 1991, effective July 1, 1991; June 5, 1996, effective Jan. 1, 1997.) MARYLAND RULES TITLE 16. COURTS, JUDGES, AND ATTORNEYS CHAPTER 500. COURT ADMINISTRATION -- DISTRICT COURT Md. Rule 16-506 (2012) Rule 16-506. Electronic filing of pleadings and papers (a) Applicability; Conflicts with other Rules. This Rule applies to the electronic filing of pleadings and papers in the District Court. A pleading or paper may not be filed by direct electronic transmission to the Court except in accordance with this Rule. This Rule and any administrative order entered pursuant to it prevail if inconsistent with any other Rule. (b) Submission of plan. The Chief Judge of the District Court may submit to the Court of Appeals for approval a detailed plan for a pilot project for the electronic filing of pleadings and papers. In developing the plan, the Chief Judge shall consult with the District Administrative Judge and the District Administrative Clerk of each district included in the plan, the District Court Chief Clerk, appropriate vendors, the State Court Administrator, and any other judges, court clerks, members of the bar, vendors of electronic filing systems, and interested persons that the Chief Judge chooses to ensure that: (1) the proposed electronic filing system is compatible with the data processing systems, operational systems, and electronic filing systems used or expected to be used by the judiciary; (2) the installation and use of the proposed system does not create an undue financial or operational burden on the District Court; (3) the proposed system is reasonably available for use at a reasonable cost or an efficient and compatible system of manual filing will be maintained; (4) the proposed system is effective, secure, and not likely to break down; (5) the proposed system makes appropriate provision for the protection of privacy and for public access to public records; and (6) the court can discard or replace the system during or at the conclusion of a trial period without undue financial or operational burden. The State Court Administrator shall review the plan and make a recommendation to the Court of Appeals with respect to it. Cross references. -- For the definition of "public record," see Code, State Government Article, 10-611. (c) Approval; Duration. A plan may not be implemented unless approved by administrative order

of the Court of Appeals. The plan shall terminate two years after the date of the administrative order unless the Court terminates it earlier or modifies or extends it by a subsequent administrative order. (d) Evaluation. The Chief Judge of the Court of Appeals may appoint a committee consisting of one or more judges, court clerks, lawyers, legal educators, bar association representatives, and other interested and knowledgeable persons to monitor and evaluate the plan. Before the expiration of the two-year period set forth in section (c) of this Rule, the Court of Appeals, after considering the recommendations of the committee, shall evaluate the operation of the plan. (e) Public availability of plan. The Chief Clerk of the District Court shall make available for public inspection a copy of any current plan. HISTORY: (Added Oct. 31, 2002, effective Jan. 1, 2003.) MARYLAND RULES TITLE 16. COURTS, JUDGES, AND ATTORNEYS CHAPTER 600. ATTORNEY TRUST ACCOUNTS Md. Rule 16-601 (2012) Rule 16-601. Applicability The Rules in this Chapter apply to all trust accounts required by law to be maintained by attorneys for the deposit of funds that belong to others, except that these Rules do not apply to a fiduciary account maintained by an attorney as personal representative, trustee, guardian, custodian, receiver, or committee, or as a fiduciary under a written instrument or order of court. HISTORY: (Amended June 5, 1996, effective Jan. 1, 1997; Feb. 8, 2005, effective July 1, 2005.) MARYLAND RULES TITLE 16. COURTS, JUDGES, AND ATTORNEYS CHAPTER 600. ATTORNEY TRUST ACCOUNTS Md. Rule 16-602 (2012) Rule 16-602. Definitions. In this Chapter, the following definitions apply, except as expressly otherwise provided or as necessary implication requires: a. Approved financial institution. "Approved financial institution" means a financial institution approved by the Commission in accordance with these Rules. b. Attorney. "Attorney" means any person admitted by the Court of Appeals to practice law. c. Attorney trust account. "Attorney trust account" means an account, including an escrow account, maintained in a financial institution for the deposit of funds received or held by an attorney or law

firm on behalf of a client or third person. d. Bar Counsel. "Bar Counsel" means the person appointed by the Commission as the principal executive officer of the disciplinary system affecting attorneys. All duties of Bar Counsel prescribed by these Rules shall be subject to the supervision and procedural guidelines of the Commission. e. Client. "Client" includes any individual, firm, or entity for which an attorney performs any legal service, including acting as an escrow agent or as a legal representative of a fiduciary. The term does not include a public or private entity of which an attorney is a full-time employee. f. Commission. "Commission" means the Attorney Grievance Commission of Maryland, as authorized and created by Rule 16-711 (Attorney Grievance Commission). g. Financial institution. "Financial institution" means a bank, trust company, savings bank, or savings and loan association authorized by law to do business in this State, in the District of Columbia, or in a state contiguous to this State, the accounts of which are insured by an agency or instrumentality of the United States. h. IOLTA. "IOLTA" (Interest on Lawyer Trust Accounts) means interest on attorney trust accounts payable to the Maryland Legal Services Corporation Fund under Code, Business Occupations and Professions Article, 10-303. i. Law firm. "Law firm" includes a partnership of attorneys, a professional or nonprofit corporation of attorneys, and a combination thereof engaged in the practice of law. In the case of a law firm with offices in this State and in other jurisdictions, the Rules in this Chapter apply only to the offices in this State. HISTORY: (Amended June 28, 1989, effective July 1, 1989; June 5, 1996, effective Jan. 1, 1997; March 12, 2007, effective Jan. 1, 2008; Dec. 4, 2007, effective April 1, 2008.) MARYLAND RULES TITLE 16. COURTS, JUDGES, AND ATTORNEYS CHAPTER 600. ATTORNEY TRUST ACCOUNTS Md. Rule 16-603 (2012) Rule 16-603. Duty to maintain account An attorney or the attorney's law firm shall maintain one or more attorney trust accounts for the deposit of funds received from any source for the intended benefit of clients or third persons. The account or accounts shall be maintained in this State, in the District of Columbia, or in a state contiguous to this State, and shall be with an approved financial institution. Unless an attorney maintains such an account, or is a member of or employed by a law firm that maintains such an account, an attorney may not receive and accept funds as an attorney from any source intended in whole or in part for the benefit of a client or third person.

HISTORY: (Amended, June 5, 1996, effective Jan. 1, 1997.) MARYLAND RULES TITLE 16. COURTS, JUDGES, AND ATTORNEYS CHAPTER 600. ATTORNEY TRUST ACCOUNTS Md. Rule 16-604 (2012) Rule 16-604. Trust account -- Required deposits Except as otherwise permitted by rule or other law, all funds, including cash, received and accepted by an attorney or law firm in this State from a client or third person to be delivered in whole or in part to a client or third person, unless received as payment of fees owed the attorney by the client or in reimbursement for expenses properly advanced on behalf of the client, shall be deposited in an attorney trust account in an approved financial institution. This Rule does not apply to an instrument received by an attorney or law firm that is made payable solely to a client or third person and is transmitted directly to the client or third person. HISTORY: (Amended, June 5, 1996, effective Jan. 1, 1997.) MARYLAND RULES TITLE 16. COURTS, JUDGES, AND ATTORNEYS CHAPTER 600. ATTORNEY TRUST ACCOUNTS Md. Rule 16-605 (2012) Rule 16-605. Duty of attorney to notify institution An attorney may not exercise any authority to sign checks or disburse or withdraw funds from an attorney trust account until the attorney in writing: a. Requests the financial institution to designate the account on its records as an attorney trust account, and b. Authorizes the financial institution to report to Bar Counsel any dishonored instruments or overdrafts in the account as required by the agreement under Rule 16-610 between the institution and the Commission. HISTORY: (Amended, June 5, 1996, effective Jan. 1, 1997.) MARYLAND RULES TITLE 16. COURTS, JUDGES, AND ATTORNEYS CHAPTER 600. ATTORNEY TRUST ACCOUNTS Md. Rule 16-606 (2012) Rule 16-606. Name and designation of account

An attorney or law firm shall maintain each attorney trust account with a title that includes the name of the attorney or law firm and that clearly designates the account as "Attorney Trust Account", "Attorney Escrow Account", or "Clients' Funds Account" on all checks and deposit slips. The title shall distinguish the account from any other fiduciary account that the attorney or law firm may maintain and from any personal or business account of the attorney or law firm. HISTORY: (Amended, June 5, 1996, effective Jan. 1, 1997.) MARYLAND RULES TITLE 16. COURTS, JUDGES, AND ATTORNEYS CHAPTER 600. ATTORNEY TRUST ACCOUNTS Md. Rule 16-606.1 (2012) Rule 16-606.1. Attorney trust account record-keeping. (a) Creation of records. The following records shall be created and maintained for the receipt and disbursement of funds of clients or of third persons: (1) Attorney trust account identification. An identification of all attorney trust accounts maintained, including the name of the financial institution, account number, account name, date the account was opened, date the account was closed, and an agreement with the financial institution establishing each account and its interest-bearing nature. (2) Deposits and disbursements. A record for each account that chronologically shows all deposits and disbursements, as follows: (A) for each deposit, a record made at or near the time of the deposit that shows (i) the date of the deposit, (ii) the amount, (iii) the identity of the client or third person for whom the funds were deposited, and (iv) the purpose of the deposit; (B) for each disbursement, including a disbursement made by electronic transfer, a record made at or near the time of disbursement that shows (i) the date of the disbursement, (ii) the amount, (iii) the payee, (iv) the identity of the client or third person for whom the disbursement was made (if not the payee), and (v) the purpose of the disbursement; (C) for each disbursement made by electronic transfer, a written memorandum authorizing the transaction and identifying the attorney responsible for the transaction. Cross references. -- See Rule 16-609 c, which provides that a disbursement that would create a negative balance with respect to any individual client matter or with respect to all client matters in the aggregate is prohibited. (3) Client matter records. A record for each client matter in which the attorney receives funds in trust, as follows:

(A) for each attorney trust account transaction, a record that shows (i) the date of the deposit or disbursement; (ii) the amount of the deposit or disbursement; (iii) the purpose for which the funds are intended; (iv) for a disbursement, the payee and the check number or other payment identification; and (v) the balance of funds remaining in the account in connection with the matter; and (B) an identification of the person to whom the unused portion of a fee or expense deposit is to be returned whenever it is to be returned to a person other than the client. (4) Record of funds of the attorney. A record that identifies the funds of the attorney held in each attorney trust account as permitted by Rule 16-607 b. (b) Monthly reconciliation. An attorney shall cause to be created a monthly reconciliation of all attorney trust account records, client matter records, records of funds of the attorney held in an attorney trust account as permitted by Rule 16-607 b, and the adjusted month-end financial institution statement balance. The adjusted month-end financial institution statement balance is computed by adding subsequent deposits to and subtracting subsequent disbursements from the financial institution's month-end statement balance. (c) Electronic records. Whenever the records required by this Rule are created or maintained using electronic means, there must be an ability to print a paper copy of the records upon a reasonable request to do so. Committee note. -- Electronic records should be backed up regularly by an appropriate storage device. (d) Records to be maintained. Financial institution month-end statements, any canceled checks or copies of canceled checks provided with a financial institution month-end statement, duplicate deposit slips or deposit receipts generated by the financial institution, and records created in accordance with section (a) of this Rule shall be maintained for a period of at least five years after the date the record was created. HISTORY: (Adopted March 12, 2007, effective January 1, 2008.) MARYLAND RULES TITLE 16. COURTS, JUDGES, AND ATTORNEYS CHAPTER 600. ATTORNEY TRUST ACCOUNTS Md. Rule 16-607 (2012) Rule 16-607. Commingling of funds a. General prohibition. An attorney or law firm may deposit in an attorney trust account only those funds required to be deposited in that account by Rule 16-604 or permitted to be so deposited by section b. of this Rule. b. Exceptions.

1. An attorney or law firm shall either (A) deposit into an attorney trust account funds to pay any fees, service charges, or minimum balance required by the financial institution to open or maintain the account, including those fees that cannot be charged against interest due to the Maryland Legal Services Corporation Fund pursuant to Rule 16-610 b 1 (D), or (B) enter into an agreement with the financial institution to have any fees or charges deducted from an operating account maintained by the attorney or law firm. The attorney or law firm may deposit into an attorney trust account any funds expected to be advanced on behalf of a client and expected to be reimbursed to the attorney by the client. 2. An attorney or law firm may deposit into an attorney trust account funds belonging in part to a client and in part presently or potentially to the attorney or law firm. The portion belonging to the attorney or law firm shall be withdrawn promptly when the attorney or law firm becomes entitled to the funds, but any portion disputed by the client shall remain in the account until the dispute is resolved. 3. Funds of a client or beneficial owner may be pooled and commingled in an attorney trust account with the funds held for other clients or beneficial owners. HISTORY: (Amended Sept. 11, 1995, effective Jan. 1, 1996; June 5, 1996, effective Jan. 1, 1997; June 10, 1997, effective July 1, 1997; Jan. 20, 1999, effective July 1, 1999.) MARYLAND RULES TITLE 16. COURTS, JUDGES, AND ATTORNEYS CHAPTER 600. ATTORNEY TRUST ACCOUNTS Md. Rule 16-608 (2012) Rule 16-608. Interest on funds in attorney trust accounts a. Generally. Any interest paid on funds deposited in an attorney trust account, after deducting service charges and fees of the financial institution, shall be credited and belong to the client or third person whose funds are on deposit during the period the interest is earned, except to the extent that interest is paid to the Maryland Legal Services Corporation Fund as authorized by law. The attorney or law firm shall have no right or claim to the interest. Cross references. -- See Rule 16-610 b 1 (D) providing that certain fees may not be deducted from interest that otherwise would be payable to the Maryland Legal Services Corporation Fund. b. Duty to report IOLTA participation. (1) Required as a condition of practice. As a condition precedent to the practice of law, each lawyer admitted to practice in Maryland shall report annually in accordance with this Rule information concerning all IOLTA accounts, including name, address, location, and account number, on a form approved by the Court of Appeals. (2) Oversight of the reporting process. The Court of Appeals shall designate an employee of the

Administrative Office of the Courts to oversee the reporting process set forth in this Rule. (3) Mailing by the Administrative Office of the Courts. On or before January 10 of each year, the Administrative Office of the Courts shall mail an IOLTA Compliance Report form to each lawyer on the list maintained by the Client Protection Fund of the Bar of Maryland. The addresses on that list shall be used for all notices and correspondence pertaining to the reports. (4) Due date. IOLTA Compliance Reports for each year shall be filed with the Administrative Office of the Courts on or before February 15 of that year. (5) Enforcement. (A) Notice of default. As soon as practicable after May 1 of each year, the Administrative Office of the Courts shall notify each defaulting lawyer of the lawyer's failure to file a report. The notice shall (i) state that the lawyer has not filed the IOLTA Compliance Report for that year, (ii) state that continued failure to file the Report may result in the entry of an order by the Court of Appeals prohibiting the lawyer from practicing law in the State, and (iii) be sent by first-class mail. The mailing of the notice of default shall constitute service. (B) Additional discretionary notice of default. In addition to the mailed notice, the Administrative Office of the Courts may give additional notice to defaulting lawyers by any of the means enumerated in Rule 16-811 f 3. (C) List of defaulting lawyers. As soon as practicable after July 1 of each year but no later than August 1, the Administrative Office of the Courts shall prepare, certify, and file with the Court of Appeals a list that includes the name and address of each lawyer engaged in the practice of law who has failed to file the IOLTA Compliance Report for that year. (D) Certification of default; Order of Decertification. The Administrative Office of the Courts shall submit with the list a proposed Decertification Order stating the names and addresses of those lawyers who have failed to file their IOLTA Compliance Report. At the request of the Court of Appeals, the Administrative Office of the Courts also shall furnish additional information from its records or give further notice to the defaulting lawyers. If satisfied that the Administrative Office of the Courts has given the required notice to each lawyer named on the proposed Decertification Order, the Court of Appeals shall enter a Decertification Order prohibiting each of them from practicing law in the State. (E) Mailing of Decertification Order. The Administrative Office of the Courts shall mail by firstclass mail a copy of the Decertification Order to each lawyer named in the Order. The mailing of the copy of the Decertification Order shall constitute service. (F) Recertification; restoration to good standing. If a lawyer thereafter files the outstanding IOLTA Compliance Report, the Administrative Office of the Courts shall request the Court of Appeals to enter an order that recertifies the lawyer and restores the lawyer to good standing. Upon entry of that order, the Administrative Office of the Courts promptly shall furnish confirmation to the lawyer. After a lawyer is recertified, the fact that the lawyer had been decertified need not be

disclosed by the lawyer in response to a request for information as to whether the lawyer has been the subject of a disciplinary or remedial proceeding. (G) Notices to clerks and Maryland Legal Services Corporation. The Clerk of the Court of Appeals shall send a copy of each Decertification Order and each order that recertifies a lawyer and restores the lawyer to good standing entered pursuant to this Rule to the Clerk of the Court of Special Appeals, the Clerk of each circuit court, the Chief Clerk of the District Court, and the Register of Wills for each county, and the Maryland Legal Services Corporation. (H) Certain information furnished to the Maryland Legal Services Corporation. The Administrative Office of the Courts promptly shall submit to the Maryland Legal Services Corporation the data from electronically submitted IOLTA Compliance Reports and, upon request, shall forward the paper Compliance Reports. (I) Confidentiality. Except as provided in subsection b 5 (H) of this Rule, IOLTA Compliance Reports, whether in paper or electronic form, are confidential and are not subject to inspection or disclosure under Code, State Government Article, 10-615 (2) (iii). The Administrative Office of the Courts shall not release the Reports to any person or agency, except as provided in this Rule or upon order of the Court of Appeals. Nonidentifying information and data contained in a lawyer's IOLTA Compliance Report are not confidential. HISTORY: (Amended Sept. 11, 1995, effective Jan. 1, 1996; June 5, 1996, effective Jan. 1, 1997; Jan. 20, 1999, effective July 1, 1999; Nov. 1, 2001, effective Jan. 1, 2002; Dec. 4, 2007, effective April 1, 2008; amended Sept. 10, 2009, effective Oct. 1, 2009.) MARYLAND RULES TITLE 16. COURTS, JUDGES, AND ATTORNEYS CHAPTER 600. ATTORNEY TRUST ACCOUNTS Md. Rule 16-609 (2012) Rule 16-609. Prohibited transactions. a. Generally. An attorney or law firm may not borrow or pledge any funds required by the Rules in this Chapter to be deposited in an attorney trust account, obtain any remuneration from the financial institution for depositing any funds in the account, or use any funds for any unauthorized purpose. b. No cash disbursements. An instrument drawn on an attorney trust account may not be drawn payable to cash or to bearer, and no cash withdrawal may be made from an automated teller machine or by any other method. All disbursements from an attorney trust account shall be made by check or electronic transfer. c. Negative balance prohibited. No funds from an attorney trust account shall be disbursed if the disbursement would create a negative balance with regard to an individual client matter or all client matters in the aggregate.

HISTORY: (Amended, June 5, 1996, effective Jan. 1, 1997; March 12, 2007, effective January 1, 2008.) 0 MARYLAND RULES TITLE 16. COURTS, JUDGES, AND ATTORNEYS CHAPTER 600. ATTORNEY TRUST ACCOUNTS Md. Rule 16-611 (2012) Rule 16-611. Notice of approved institutions The Commission shall cause to be published in the Maryland Register, at six-month intervals, a list that identifies: 1. All currently approved financial institutions; and 2. Any financial institution whose agreement has terminated since the previous list was published. HISTORY: (Amended June 5, 1996, effective Jan. 1, 1997; Dec. 10, 1996, effective Jan. 1, 1997.) MARYLAND RULES TITLE 16. COURTS, JUDGES, AND ATTORNEYS CHAPTER 600. ATTORNEY TRUST ACCOUNTS Md. Rule 16-612 (2012) Rule 16-612. Enforcement Upon receipt of a report of overdraft on or dishonored instrument drawn on an attorney trust account, Bar Counsel shall contact the attorney or law firm maintaining the account and request an informal explanation for the overdraft or dishonored instrument. The attorney or law firm shall provide any records of the account necessary to support the explanation. If Bar Counsel has requested but has failed to receive a satisfactory explanation for any overdraft or dishonored check, or if good cause exists to believe that an attorney or law firm has failed to perform any duty under these Rules, Bar Counsel may secure compliance with these Rules by appropriate means approved by the Commission, including application for an audit pursuant to Rule 16-722 (Audit of Attorney Accounts and Records). HISTORY: (Amended June 5, 1996, effective Jan. 1, 1997.) MARYLAND RULES TITLE 16. COURTS, JUDGES, AND ATTORNEYS CHAPTER 700. DISCIPLINE AND INACTIVE STATUS OF ATTORNEYS Md. Rule 16-701 (2012) Rule 16-701. Definitions

In this Chapter, the following definitions apply except as expressly otherwise provided or as necessary implication requires: (a) Attorney. "Attorney" means a person admitted by the Court of Appeals to practice law in this State. For purposes of discipline or inactive status, the term also includes a person not admitted by the Court of Appeals who engages in the practice of law in this State, or who holds himself or herself out as practicing law in this State, or who has the obligation of supervision or control over another lawyer who engages in the practice of law in this State. Cross references. -- See Rule 8.5 of the Maryland Lawyers' Rules of Professional Conduct. (b) Circuit. "Circuit" means Appellate Judicial Circuit. (c) Commission. "Commission" means the Attorney Grievance Commission of Maryland. (d) Conditional diversion agreement. "Conditional diversion agreement" means the agreement provided for in Rule 16-736. (e) Disbarment. "Disbarment" means the unconditional termination of any privilege to practice law in this State and, when applied to an attorney not admitted by the Court of Appeals to practice law, means the unconditional exclusion from the admission to or the exercise of any privilege to practice law in this State. (f) Incapacity. "Incapacity" means the inability to render adequate legal service by reason of mental or physical illness or infirmity, or addiction to or dependence upon an intoxicant or drug. (g) Office for the practice of law. "Office for the practice of law" means an office in which an attorney usually devotes a substantial part of the attorney's time to the practice of law during ordinary business hours in the traditional work week. (h) Petition for disciplinary or remedial action. "Petition for disciplinary or remedial action" means the initial pleading filed in the Court of Appeals against an attorney alleging that the attorney has engaged in professional misconduct or is incapacitated or both. (i) Professional misconduct. "Professional misconduct" or "misconduct" has the meaning set forth in Rule 8.4 of the Maryland Lawyers' Rules of Professional Conduct, as adopted by Rule 16-812. The term includes the knowing failure to respond to a request for information authorized by this Chapter without asserting, in writing, a privilege or other basis for such failure. (j) Reinstatement. "Reinstatement" means the termination of disbarment, suspension, or inactive status and the termination of any exclusion to practice law in this State. (k) Serious crime. "Serious crime" means a crime that is in at least one of the following categories: (1) a felony under Maryland law, (2) a crime in another state or under federal law that would have been a felony under Maryland law had the crime been committed in Maryland, and (3) a crime

under federal law or the law of any state that is punishable by imprisonment for three years or more. (l) State. "State" means (1) a state, possession, territory, or commonwealth of the United States or (2) the District of Columbia. (m) Statement of charges. "Statement of charges" means the document that alleges professional misconduct or incapacity and initiates disciplinary or remedial proceedings against an attorney pursuant to Rule 16-741. (n) Suspension. "Suspension" means the temporary or indefinite termination of the privilege to practice law and, when applied to an attorney not admitted by the Court of Appeals to practice law, means the temporary or indefinite exclusion from the admission to or the exercise of any privilege to practice law in this State. (o) Warning. "Warning" means a notice that warns an attorney about future misconduct. HISTORY: (Added Nov. 30, 2000, effective July 1, 2001; February 8, 2005, effective July 1, 2005.) MARYLAND RULES TITLE 16. COURTS, JUDGES, AND ATTORNEYS CHAPTER 700. DISCIPLINE AND INACTIVE STATUS OF ATTORNEYS Md. Rule 16-709 (2012) Rule 16-709. Charges MARYLAND RULES TITLE 16. COURTS, JUDGES, AND ATTORNEYS CHAPTER 700. DISCIPLINE AND INACTIVE STATUS OF ATTORNEYS Md. Rule 16-710 (2012) Rule 16-710. Hearings MARYLAND RULES TITLE 16. COURTS, JUDGES, AND ATTORNEYS CHAPTER 700. DISCIPLINE AND INACTIVE STATUS OF ATTORNEYS Md. Rule 16-711 (2012) Rule 16-711. Attorney Grievance Commission (a) Creation and composition. There is an Attorney Grievance Commission which shall consist of 12 members appointed by the Court of Appeals. Nine members shall be attorneys and three

members shall not be attorneys. (b) Term. Subject to section (f) of this Rule, the term of each member is three years. The terms of the members shall be staggered so that the terms of three attorney members and one non-attorney member expire each year. (c) Compensation. A member of the Commission may not receive compensation for serving in that capacity but is entitled to reimbursement for expenses reasonably incurred in the performance of official duties in accordance with standard State travel regulations. (d) Chair and Vice Chair. The Court of Appeals shall designate one attorney member as the Chair of the Commission and one attorney member as the Vice Chair. In the absence or disability of the Chair or upon an express delegation of authority by the Chair, the Vice Chair shall have the authority and perform the duties of the Chair. (e) Executive Secretary. The Commission may select an attorney as Executive Secretary. The Executive Secretary shall serve at the pleasure of the Commission and receive the compensation set forth in the budget of the Commission. As directed by the Commission, the Executive Secretary shall (1) receive documents that are filed with the Commission and maintain the records of the Commission, (2) prepare the agenda of meetings of the Commission and before each meeting send to each Commission member a copy of the agenda and meeting materials, (3) serve as in-house counsel to the Commission, (4) serve as liaison to the Chair of the Peer Review Committee, and (5) have such other administrative powers and duties assigned by the Commission. (f) Removal. The Court of Appeals may remove a member of the Commission at any time. (g) Quorum. The presence of seven members of the Commission constitutes a quorum for the transaction of business. The concurrence of seven members is required for all actions taken by the Commission other than adjournment of a meeting for lack of a quorum. (h) Powers and duties. The Commission has the powers and duties to: (1) recommend to the Court of Appeals the adoption of procedural and administrative guidelines and policies consistent with these Rules; (2) employ and prescribe the compensation of the Executive Secretary; (3) with the approval of the Court of Appeals, appoint Bar Counsel; (4) supervise the activities of Bar Counsel; (5) authorize Bar Counsel to employ attorneys, investigators, and staff personnel and to prescribe their compensation; (6) appoint special counsel as the need arises;

(7) appoint members of the Peer Review Committee, designate the Chair and one or more Vice Chairs, and remove any member for cause; (8) employ and prescribe the compensation of personnel to assist the Chair of the Peer Review Committee; (9) exercise the authority granted in the Rules in this Chapter with respect to the approval or disapproval of (A) the dismissal of a complaint or Statement of Charges, (B) the termination of a complaint with or without a warning, (C) a Conditional Diversion Agreement, (D) a reprimand, or (E) the filing of a Petition for Disciplinary or Remedial Action; (10) grant or deny any requests for extensions of time permitted under the Rules of this Chapter or delegate to the Chair of the Commission the authority to grant or deny such requests; (11) authorize the issuance of subpoenas in accordance with these Rules; (12) perform the duties required by Title 16, Chapter 600 (Attorney Trust Accounts); (13) administer the Disciplinary Fund; (14) submit not later than September 1 of each year a report to the Court of Appeals accounting for the Disciplinary Fund, evaluating the effectiveness of the disciplinary system, and recommending any changes; and (15) submit annually to the State Court Administrator for review and approval by the Court of Appeals a proposed budget for the disciplinary system. (i) Effect of Chair's decisions. When a request for action under this Chapter is subject to the approval of the Chair of the Commission, the Chair's approval of the request is final and shall be reported to the Commission. If the Chair denies the request or refers it to the Commission for action, the Commission shall act upon the request at its next meeting. HISTORY: (Added Nov. 30, 2000, effective July 1, 2001.) MARYLAND RULES TITLE 16. COURTS, JUDGES, AND ATTORNEYS CHAPTER 700. DISCIPLINE AND INACTIVE STATUS OF ATTORNEYS Md. Rule 16-712 (2012) Rule 16-712. Bar Counsel (a) Appointment. Subject to approval by the Court of Appeals, the Commission shall appoint an attorney as Bar Counsel. Before appointing Bar Counsel, the Commission shall notify bar associations and the general public of the vacancy and consider any recommendations that are timely submitted. Bar Counsel shall serve at the pleasure of the Commission and shall receive the compensation set forth in the budget of the Commission.

(b) Powers and duties. Subject to the supervision and approval, if required, of the Commission, Bar Counsel has the powers and duties to: (1) investigate professional misconduct or incapacity; (2) issue subpoenas as provided by Rule 16-732; (3) enter into and implement Conditional Diversion Agreements, issue notices, and administer warnings and reprimands; (4) file statements of charges, participate in proceedings before Peer Review Panels, and prosecute all disciplinary and remedial proceedings; (5) file and prosecute petitions for disciplinary and remedial actions in the name of the Commission; (6) monitor and enforce compliance with all disciplinary and remedial orders of the Court of Appeals; (7) investigate petitions for reinstatement and applications for resignation from the practice of law and represent the Commission in those proceedings; (8) initiate, intervene in, and prosecute actions to enjoin the unauthorized practice of law; (9) employ attorneys, investigators, and staff personnel as authorized by the Commission at the compensation set forth in the Commission's budget; (10) discharge any employee; (11) maintain dockets and records of all papers filed in disciplinary or remedial proceedings; (12) make reports to the Commission; and (13) perform other duties prescribed by the Commission, this Chapter, and the Rules in Title 16, Chapter 600 (Attorney Trust Accounts). HISTORY: (Added Nov. 30, 2000, effective July 1, 2001.) MARYLAND RULES TITLE 16. COURTS, JUDGES, AND ATTORNEYS CHAPTER 700. DISCIPLINE AND INACTIVE STATUS OF ATTORNEYS Md. Rule 16-713 (2012) Rule 16-713. Peer Review Committee

(a) Creation. There is a Peer Review Committee, the members of which are appointed to serve on Peer Review Panels pursuant to Rule 16-742. (b) Composition. The Peer Review Committee consists of the number of persons in each circuit that the Commission determines is necessary to conduct the volume of peer review proceedings. Of the number of members determined for each circuit, one-third shall be residents of that circuit who are not attorneys and the remainder shall be attorneys who maintain offices for the practice of law within that circuit. (c) Persons ineligible for appointment as a lawyer member. The Commission may not appoint as a lawyer member to the Peer Review Committee a person who: (1) is not admitted by the Court of Appeals to practice law in Maryland; (2) has not actively and lawfully engaged in the practice of law in Maryland for at least five years; (3) is a judge of a court of record; (4) is the subject of a pending statement of charges or petition for disciplinary or remedial action; or (5) was ever disbarred or suspended by the Court of Appeals or by a disciplinary body or court of the United States or any State. (d) Persons ineligible for appointment as a non-lawyer member. The Commission may not appoint as a non-lawyer member to the Peer Review Committee a person who: (1) has been convicted of a serious crime and the conviction has not been reversed or vacated; or (2) is the complainant in a pending matter against an attorney under the Rules in this Chapter. (e) Procedure for appointment. Before appointing members of the Peer Review Committee, the Commission shall notify bar associations and the general public in the appropriate circuit and consider any applications and recommendations that are timely submitted. The Commission shall prepare a brief notice informing attorneys how they may apply to serve on the Peer Review Committee and deliver the notice to the Trustees of the Client Protection Fund of the Bar of Maryland, who at least once a year shall send a copy of the notice to each attorney who is required to pay an annual fee to the Fund. (f) Term. The term of each member is two years. The Commission may extend the term of any member assigned to a Peer Review Panel until the completion of a pending matter. A member may be reappointed. (g) Chair and Vice Chair. The Commission shall designate one attorney member of the Peer Review Committee as Chair and one or more attorney members as Vice Chairs. In the absence or disability of the Chair or upon express delegation of authority by the Chair, the Vice Chair shall

have the authority and perform the duties of the Chair. (h) Compensation. A member of the Peer Review Committee may not receive compensation for serving in that capacity but is entitled to reimbursement for expenses reasonably incurred in the performance of official duties in accordance with standard State travel regulations. (i) Removal. The Commission may remove a member of the Peer Review Committee for cause. HISTORY: (Added Nov. 30, 2000, effective July 1, 2001; amended effective Nov. 6, 2002.) MARYLAND RULES TITLE 16. COURTS, JUDGES, AND ATTORNEYS CHAPTER 700. DISCIPLINE AND INACTIVE STATUS OF ATTORNEYS Md. Rule 16-714 (2012) Rule 16-714. Disciplinary Fund (a) Payment by attorneys. There is a Disciplinary Fund to which, as a condition precedent to the practice of law, each attorney shall pay annually an amount prescribed by the Court of Appeals. The amount shall be in addition to and paid by the same date as other sums required to be paid pursuant to Rule 16-811. The Disciplinary Fund is created and administered pursuant to the Constitutional authority of the Court of Appeals to regulate the practice of law in the State of Maryland and to implement and enforce the Maryland Lawyers' Rules of Professional Conduct adopted by the Court. The Fund consists of contributions made by lawyers as a condition of their right to practice law in Maryland and income from those contributions. The principal and income of the Fund shall be dedicated exclusively to the purposes established by the Rules in this Title. (b) Collection and disbursement of Disciplinary Fund. The treasurer of the Client Protection Fund of the Bar of Maryland shall collect and remit to the Commission the sums paid by attorneys to the Disciplinary Fund. (c) Audit. There shall be an independent annual audit of the Disciplinary Fund. The expense of the audit shall be paid out of the Fund. (d) Enforcement. Enforcement of payment of annual assessments of attorneys pursuant to this Rule is governed by the provisions of Rule 16-811 (g). HISTORY: (Added Nov. 30, 2000, effective July 1, 2001; amended effective Nov. 6, 2002; amended Sept. 8, 2011, effective Oct. 1, 2011.) MARYLAND RULES TITLE 16. COURTS, JUDGES, AND ATTORNEYS CHAPTER 700. DISCIPLINE AND INACTIVE STATUS OF ATTORNEYS Md. Rule 16-715 (2012) Rule 16-715. Costs

MARYLAND RULES TITLE 16. COURTS, JUDGES, AND ATTORNEYS CHAPTER 700. DISCIPLINE AND INACTIVE STATUS OF ATTORNEYS Md. Rule 16-721 (2012) Rule 16-721. Sanctions and remedies for misconduct or incapacity (a) Professional misconduct. One or more of the following sanctions or remedies may be imposed upon an attorney for professional misconduct: (1) disbarment by the Court of Appeals; (2) suspension by the Court of Appeals; (3) reprimand by the Court of Appeals or, with the attorney's consent, by the Commission; (4) conditional diversion in accordance with a Conditional Diversion Agreement entered into pursuant to Rule 16-736; and (5) termination of a disciplinary or remedial proceeding accompanied by a warning pursuant to Rule 16-735 (b). (b) Incapacity. One of the following remedies may be imposed upon an attorney for incapacity: (1) placement on inactive status, subject to further order of the Court, or (2) conditional diversion in accordance with a Conditional Diversion Agreement entered pursuant to Rule 16-736. (c) Conditions. An order, decision, or agreement that imposes a disciplinary sanction upon an attorney or places an attorney on inactive status may include one or more specified conditions, as authorized by Rules 16-736, 16-760, and 16-781. HISTORY: (Added Nov. 30, 2000, effective July 1, 2001.) MARYLAND RULES TITLE 16. COURTS, JUDGES, AND ATTORNEYS CHAPTER 700. DISCIPLINE AND INACTIVE STATUS OF ATTORNEYS Md. Rule 16-722 (2012) Rule 16-722. Audit of attorney accounts and records (a) Action for audit. Bar Counsel or the Trustees of the Client Protection Fund of the Bar of Maryland may file a petition requesting an audit of the accounts and records that an attorney is

required by law or Rule to maintain. The petition may be filed in the circuit court in any county where the attorney resides or has an office for the practice of law. If the attorney has no established office and the attorney's residence is unknown, the petition may be filed in any circuit court. (b) Petition. The petition shall state the facts showing that an audit is necessary and shall request the appointment of a Certified Public Accountant to conduct the audit. Proceedings under this Rule shall be sealed and stamped "confidential" at the time of filing, and the docket entries shall not divulge the name or otherwise identify the attorney against whom the petition is filed. (c) Caption. The petition and all subsequent pleadings and papers filed in the action shall contain a caption, "In re: Application for Audit of an Attorney's Accounts and Records." (d) Show cause order; service. The court shall enter an order giving the attorney notice of the action and directing the attorney to show cause on or before a stated date why an audit should not be conducted as requested. The order and the petition shall be served in the manner that the court directs so as to preserve the confidentiality of the action. (e) Response to petition. The attorney may file a response to the petition and show cause order not later than the date stated in the order or, if no date is stated, within five days after being served. (f) Order directing audit. After considering the petition and any response and upon a finding of good cause, the court may order any of the accounts and records required by law or Rule to be maintained by the attorney to be audited by a Certified Public Accountant designated in the order. The order directing the audit shall expressly require that the audit be conducted and a report be made in a manner that preserves the confidentiality of the proceedings and the attorney's confidential relation with the attorney's clients. (g) Finality of order. An order granting or denying a petition for an audit is a final order for purposes of appeal. (h) Duty of clerk to preserve confidentiality. The clerk shall maintain a separate docket with an index for proceedings under this Rule. Pleadings and other papers filed in the proceedings shall be sealed in accordance with Rule 16-723 (b) (9) at the time they are filed. The docket, index, and papers in the proceedings shall not be open to inspection by any person, including the parties, except upon order of court after reasonable notice and for good cause shown. (i) Cost of audit. Upon completion of the audit, the court may order all or part of the costs of the audit and of the proceeding to be paid by any party to the proceeding, but costs shall not be assessed against the attorney if the audit fails to disclose any irregularity. (j) Remedy not exclusive. Neither this Rule nor any proceeding under this Rule precludes any other remedy or cause of action while the audit is pending or thereafter. HISTORY: (Added Nov. 30, 2000, effective July 1, 2001; amended Oct. 31, 2002, effective Jan. 1, 2003; amended effective Nov. 6, 2002.)

MARYLAND RULES TITLE 16. COURTS, JUDGES, AND ATTORNEYS CHAPTER 700. DISCIPLINE AND INACTIVE STATUS OF ATTORNEYS Md. Rule 16-723 (2012) Rule 16-723. Confidentiality (a) Confidentiality of peer review meetings. All persons present at a peer review meeting shall maintain the confidentiality of all speech, writing, and conduct made as part of the meeting and may not disclose or be compelled to disclose the speech, writing, or conduct in any judicial, administrative, or other proceeding. Speech, writing, or conduct that is confidential under this Rule is privileged and not subject to discovery, but information otherwise admissible or subject to discovery does not become inadmissible or protected from disclosure solely by reason of its use at the peer review meeting. (b) Other confidential matters. Except as otherwise provided in these Rules, the following records and proceedings are confidential and not open to public inspection and their contents may not be revealed by the Commission, the staff of the Commission, Bar Counsel, the staff and investigators of the Office of Bar Counsel, members of the Peer Review Committee, or any attorney involved in the proceeding: (1) the records of an investigation by Bar Counsel, including the existence and content of any complaint; (2) the records and proceedings of a Peer Review Panel; (3) information that is the subject of a protective order; (4) the contents of a warning issued by the Commission pursuant to Rule 16-735 (b), but the fact that a warning was issued shall be disclosed to the complainant; (5) the contents of a prior private reprimand or Bar Counsel reprimand pursuant to the Attorney Disciplinary Rules in effect prior to July 1, 2001, but the fact that a private or Bar Counsel reprimand was issued and the facts underlying the reprimand may be disclosed to a peer review panel in a proceeding against the attorney alleging similar misconduct; Committee note. -- The peer review panel is not required to find that information disclosed under subsection (b)(5) is relevant under Rule 16-743 (c)(1). (6) the contents of a Conditional Diversion Agreement entered into pursuant to Rule 16-736, but the fact that an attorney has signed such an agreement shall be public; (7) the records and proceedings of the Commission on matters that are confidential under this Rule;

(8) a Petition for Disciplinary or Remedial Action based solely on the alleged incapacity of an attorney and records and proceedings other than proceedings in the Court of Appeals on that petition; and (9) a petition for an audit of an attorney's accounts filed pursuant to Rule 16-722 and records and proceedings other than proceedings in the Court of Appeals on that petition. (c) Public proceedings and records. The following records and proceedings are public and open to inspection: (1) except as otherwise provided in subsection (b)(8) of this Rule, a Petition for Disciplinary or Remedial Action, all proceedings on that petition, and all documents or other items admitted into evidence at any hearing on the petition; (2) an affidavit filed pursuant to Rule 16-772 that consents to discipline and an order that disbars, suspends, or reprimands the attorney by consent; (3) a reprimand issued by the Commission pursuant to Rule 16-737; and (4) except as otherwise provided by order of the Court of Appeals, all proceedings under this Chapter in the Court of Appeals. (d) Required disclosure by Bar Counsel. (1) Reprimand by Commission. If an attorney is reprimanded by the Commission, Bar Counsel shall notify the Clerk of the Court of Appeals. (2) Conviction of a serious crime. If Bar Counsel has received and verified information that an attorney has been convicted of a serious crime, Bar Counsel shall notify the Commission and the Clerk of the Court of Appeals. (e) Required disclosure by the Clerk of the Court of Appeals. If an attorney resigns or is reprimanded, convicted of a serious crime, or, by order of the Court of Appeals, disbarred, suspended, reinstated, or transferred to inactive status, the Clerk of the Court of Appeals of Maryland shall notify the National Lawyer Regulatory Data Bank of the American Bar Association and the disciplinary authority of every other jurisdiction in which the attorney is admitted to practice. (f) Permitted disclosure. (1) Written waiver of attorney. If the attorney has signed a written waiver of confidentiality, the Commission or Bar Counsel may disclose information to the extent permitted by the waiver. (2) In preparation for a hearing. The parties to a disciplinary or remedial action may use confidential information other than the records and proceedings of a Peer Review Panel to the extent reasonably necessary to prepare for a public hearing in the action but shall preserve the

confidentiality of the information in all other respects. (3) Communications with complainant. Upon request of a complainant, Bar Counsel may disclose to the complainant the status of an investigation and of any disciplinary or remedial proceedings resulting from information from the complainant. (4) Requests by authorities. Upon receiving a request that complies with this subsection, the Commission or Bar Counsel may disclose the pendency, subject matter, status, and disposition of disciplinary or remedial proceedings involving an attorney or former attorney that did not result in dismissal. The request must be made in writing by a judicial nominating commission, a bar admission authority, the President of the United States, the Governor of a state, territory, or district of the United States, or a committee of the General Assembly of Maryland or of the United States Congress. The requesting entity must represent that it is considering the nomination, appointment, confirmation, approval, or admission to practice of the attorney, or former attorney, and that the information will be treated as confidential and without the consent of the attorney may not be copied or disclosed to anyone other than the requesting entity. (5) Explanatory statements. The Chair of the Commission may issue a brief explanatory statement necessary to correct any public misperception about actual or possible proceedings. (6) Subpoena or court order. If satisfied that an attorney has received prior notice and an opportunity to object or move for a protective order, Bar Counsel may comply with a subpoena or order of a court of this State or the United States to produce records and disclose confidential information concerning the attorney. (7) Information involving criminal activity. With the approval of the Chair of the Commission, Bar Counsel may provide to law enforcement and prosecuting officials information involving criminal activity, including information requested by a subpoena from a grand jury pursuant to Rule 4-643. (8) Other disciplinary authorities. With the approval of the Chair of the Commission, Bar Counsel may provide to the disciplinary authority of any other jurisdiction in which an attorney is admitted to practice records and other confidential information concerning the attorney. (9) Summarized information. In order to improve the administration of justice, the Commission and Bar Counsel may publish reports and summaries of confidential investigations, charges, and disciplinary or remedial proceedings, provided that the identity of attorneys, complainants, and witnesses is not revealed. HISTORY: (Added Nov. 30, 2000, effective July 1, 2001; amended by order effective Dec. 3, 2001; Oct. 31, 2002, effective Jan. 1, 2003; Nov. 12, 2003, effective July 1, 2004; April 5, 2005, effective July 1, 2005; June 16, 2009, effective June 17, 2009.) MARYLAND RULES TITLE 16. COURTS, JUDGES, AND ATTORNEYS CHAPTER 700. DISCIPLINE AND INACTIVE STATUS OF ATTORNEYS Md. Rule 16-724 (2012)

Rule 16-724. Service of papers on attorney (a) Statement of Charges. A copy of a Statement of Charges filed pursuant to Rule 16-741 shall be served on an attorney in the manner prescribed by Rule 2-121. If after reasonable efforts the attorney cannot be served personally, service may be made upon the employee designated by the Client Protection Fund of the Bar of Maryland pursuant to Rule 16-811 c 1 (x), who shall be deemed the attorney's agent for receipt of service. The Fund's employee shall send, by both certified mail and ordinary mail, a copy of the papers so served to the attorney at the address maintained in the Fund's records and to any other address provided by Bar Counsel. (b) Service of other papers. Except as otherwise provided in this Chapter, other notices and papers may be served on an attorney in the manner provided by Rule 1-321 for service of papers after an original pleading. Committee note. -- The attorney's address contained in the records of the Client Protection Fund of the Bar of Maryland may be the attorney's last known address. HISTORY: (Added Nov. 30, 2000, effective July 1, 2001; amended effective November 6, 2002.) MARYLAND RULES TITLE 16. COURTS, JUDGES, AND ATTORNEYS CHAPTER 700. DISCIPLINE AND INACTIVE STATUS OF ATTORNEYS Md. Rule 16-731 (2012) Rule 16-731. Complaint; investigation by Bar Counsel (a) Complaints. A complaint alleging that an attorney has engaged in professional misconduct or is incapacitated shall be in writing and sent to Bar Counsel. Any written communication that includes the name and address of the person making the communication and states facts which, if true, would constitute professional misconduct by or demonstrate incapacity of an attorney constitutes a complaint. Bar Counsel also may initiate a complaint based on information from other sources. (b) Review of complaint. (1) Bar Counsel shall make an appropriate investigation of every complaint that is not facially frivolous or unfounded. (2) If Bar Counsel concludes that the complaint is either frivolous or unfounded or does not allege facts which, if true, would demonstrate either professional misconduct or incapacity, Bar Counsel shall dismiss the complaint and notify the complainant of the dismissal. Otherwise, Bar Counsel shall (A) open a file on the complaint, (B) acknowledge receipt of the complaint and explain in writing to the complainant the procedures for investigating and processing the complaint, (C) comply with the notice requirement of section (c) of this Rule, and (D) conduct an investigation to determine whether reasonable grounds exist to believe the allegations of the complaint.

Committee note. -- Before determining whether a complaint is frivolous or unfounded, Bar Counsel may contact the attorney and obtain an informal response to the allegations. (c) Notice to attorney. (1) Except as otherwise provided in this section, Bar Counsel shall notify the attorney who is the subject of the complaint that Bar Counsel is undertaking an investigation to determine whether the attorney has engaged in professional misconduct or is incapacitated. The notice shall be given before the conclusion of the investigation and shall include the name and address of the complainant and the general nature of the professional misconduct or incapacity under investigation. As part of the notice, Bar Counsel may demand that the attorney provide information and records that Bar Counsel deems appropriate and relevant to the investigation. The notice shall state the time within which the attorney shall provide the information and any other information that the attorney may wish to present. The notice shall be served on the attorney in accordance with Rule 16-724 (b). (2) Bar Counsel need not give notice of investigation to an attorney if, with the approval of the Commission, Bar Counsel proceeds under Rule 16-771, 16-773, or 16-774. (d) Time for completing investigation. Unless the time is extended by the Commission for good cause, Bar Counsel shall complete an investigation within 90 days after opening the file on the complaint. Upon written request by Bar Counsel establishing good cause for an extension for a specified period, the Commission may grant one or more extensions. The Commission may not grant an extension, at any one time, of more than 60 days unless it finds specific good cause for a longer extension. If an extension exceeding 60 days is granted, Bar Counsel shall provide the Commission with a status report at least every 60 days. For failure to comply with the time requirements of this section, the Commission may take any action appropriate under the circumstances, including dismissal of the complaint and termination of the investigation. HISTORY: (Added Nov. 30, 2000, effective July 1, 2001.) MARYLAND RULES TITLE 16. COURTS, JUDGES, AND ATTORNEYS CHAPTER 700. DISCIPLINE AND INACTIVE STATUS OF ATTORNEYS Md. Rule 16-732 (2012) Rule 16-732. Investigative subpoena (a) Approval and issuance. (1) The Chair of the Commission may authorize Bar Counsel to issue a subpoena to compel the attendance of witnesses and the production of designated documents or other tangible things at a time and place specified in the subpoena if the Chair finds that (A) the subpoena is necessary to and in furtherance of an investigation being conducted by Bar Counsel pursuant to Rule 16-731 or (B) the subpoena has been requested by a disciplinary authority of another jurisdiction pursuant to

the law of that jurisdiction for use in a disciplinary or remedial proceeding in that jurisdiction to determine alleged professional misconduct or incapacity of a lawyer subject to the jurisdiction of that disciplinary authority. (2) Upon approval, Bar Counsel may issue the subpoena. (b) Contents. A subpoena shall comply with the requirements of Rule 2-510 (c), except that to the extent practicable, a subpoena shall not identify the attorney under investigation. A subpoena to compel attendance of a witness shall include or be accompanied by a notice that the witness (1) has the right to consult with an attorney with respect to the assertion of a privilege or any other matter pertaining to the subpoena and (2) may file a motion for judicial relief under Rule 2-510. (c) Service. Except for service upon an attorney in accordance with Rule 16-724 (b), a subpoena shall be served in accordance with Rule 2-510. Promptly after service of a subpoena on a person other than the attorney under investigation and in addition to giving any other notice required by law, Bar Counsel shall serve a copy of the subpoena on the attorney under investigation. Cross references. -- For examples of other notice required by law, see Code, Financial Institutions Article, 1-304, concerning notice to depositors of subpoenas for financial records; Code, Health General Article, 4-306 concerning disclosure of medical records, and Code, Health General Article, 4-307, concerning notice of a request for issuance of compulsory process seeking medical records related to mental health services. (d) Objection. The person served with the subpoena or the attorney under investigation may file a motion in the circuit court for the county in which the subpoena was served for any order permitted by Rule 2-510 (e). The motion shall be filed promptly and, whenever practicable, at or before the time specified in the subpoena for compliance. (e) Enforcement. On the motion of Bar Counsel, the court may enforce compliance with the subpoena. (f) Confidentiality. Any paper filed in court with respect to a subpoena shall be sealed upon filing and shall be open to inspection only by order of the court. A hearing before the court on any motion shall be on the record and shall be conducted out of the presence of all persons other than Bar Counsel, the attorney, and those persons whose presence the court deems necessary. (g) Recording of statements. Everything said by the witness at the time and place specified in the subpoena shall be contemporaneously recorded stenographically or electronically, and the witness shall be placed under oath. HISTORY: (Added Nov. 30, 2000, effective July 1, 2001.) MARYLAND RULES TITLE 16. COURTS, JUDGES, AND ATTORNEYS CHAPTER 700. DISCIPLINE AND INACTIVE STATUS OF ATTORNEYS Md. Rule 16-733 (2012)

Rule 16-733. Perpetuation of evidence before petition for disciplinary or remedial action Before a Petition for Disciplinary or Remedial Action is filed, Bar Counsel or an attorney who is or may be the subject of an investigation by Bar Counsel may perpetuate testimony or other evidence relevant to a claim or defense that may be asserted in the expected action. The perpetuation of evidence shall be governed by Rule 2-404 and the issuance of subpoenas and protective orders shall be governed by Rules 2-510 and 2-403. The Commission shall perform the functions that the court performs under those Rules. HISTORY: (Added Nov. 30, 2000, effective July 1, 2001.) MARYLAND RULES TITLE 16. COURTS, JUDGES, AND ATTORNEYS CHAPTER 700. DISCIPLINE AND INACTIVE STATUS OF ATTORNEYS Md. Rule 16-734 (2012) Rule 16-734. Procedure upon completion of investigation Upon completion of an investigation, Bar Counsel shall take one of the following actions: (a) recommend to the Commission dismissal of the complaint or termination of the proceeding without discipline, with or without a warning, in accordance with Rule 16-735; (b) recommend to the Commission approval of a Conditional Diversion Agreement signed by Bar Counsel and the attorney in accordance with Rule 16-736; (c) recommend to the Commission a reprimand in accordance with Rule 16-737; (d) file with the Commission a Statement of Charges with an election for peer review in accordance with Rule 16-741; or (e) recommend to the Commission the immediate filing of a Petition for Disciplinary or Remedial Action, with or without collateral remedial proceedings, in accordance with Rules 16-771, 16-773, or 16-774. HISTORY: (Added Nov. 30, 2000, effective July 1, 2001.) MARYLAND RULES TITLE 16. COURTS, JUDGES, AND ATTORNEYS CHAPTER 700. DISCIPLINE AND INACTIVE STATUS OF ATTORNEYS Md. Rule 16-735 (2012) Rule 16-735. Dismissal or other termination of complaint (a) Dismissal or termination.

(1) Upon completion of an investigation, Bar Counsel or, after a Peer Review Panel meeting, the Peer Review Panel, may recommend to the Commission that: (A) the complaint be dismissed because Bar Counsel or the Panel has concluded that the evidence fails to show that the attorney has engaged in professional misconduct or is incapacitated; or (B) the disciplinary or remedial proceeding be terminated, with or without a warning because Bar Counsel or the Panel has concluded that any professional misconduct on the part of the attorney (i) was not sufficiently serious to warrant discipline and (ii) is not likely to be repeated. (2) If satisfied with the recommendation of Bar Counsel or the Panel, the Commission shall dismiss the complaint or otherwise terminate the disciplinary or remedial proceeding, as appropriate. If Bar Counsel or the Panel has recommended a warning, the matter shall proceed as provided in section (b) of this Rule. (b) Termination accompanied by warning. (1) If Bar Counsel or the Panel concludes that the attorney may have engaged in some professional misconduct, that the conduct was not sufficiently serious to warrant discipline, but that a specific warning to the attorney would be helpful to ensure that the conduct is not repeated, Bar Counsel or the Panel may recommend that the termination be accompanied by a warning against repetition. If satisfied with the recommendation, the Commission shall proceed in accordance with subsection (b) (2) of this Rule and, if the warning is not rejected, accompany the termination of the disciplinary or remedial proceeding with a warning. A warning does not constitute discipline, but the complainant shall be notified that termination of the proceeding was accompanied by a warning against repetition of the conduct. (2) At least 30 days before a warning is issued, the Commission shall mail to the attorney a notice that states the date on which it intends to issue the warning and the content of the warning. No later than five days before the intended date of issuance of the warning, the attorney may reject the warning by filing a written rejection with the Commission. If the warning is not rejected, the Commission shall issue it on or after the date stated in the initial notice to the attorney. If the warning is rejected, it shall not be issued, and Bar Counsel or the Commission may take any other action permitted under this Chapter. Neither the fact that a warning was proposed or rejected nor the contents of a warning that was not issued may be admitted into evidence. (c) Effect of dismissal or termination. (1) Except as provided in subsection (c) (2) of this Rule, a dismissal or a termination under this Rule, with or without a warning, shall not be disclosed by the Commission or Bar Counsel in response to any request for information as to whether an attorney has been the subject of a disciplinary or remedial proceeding. The nature and existence of a proceeding terminated under this Rule, including any investigation by Bar Counsel that led to the proceeding, need not be disclosed by an attorney in response to a request for information as to whether the attorney has been the subject of a disciplinary or remedial proceeding.

(2) The fact that a warning was issued in conjunction with the termination of a complaint shall be disclosed to the complainant, and the fact that a warning was issued and the facts underlying the warning may be disclosed in a subsequent proceeding against the attorney when relevant to a complaint alleging similar misconduct. HISTORY: (Added Nov. 30, 2000, effective July 1, 2001; amended Oct. 31, 2002, effective Jan. 1, 2003; Dec. 4, 2007, effective Jan. 1, 2008.) MARYLAND RULES TITLE 16. COURTS, JUDGES, AND ATTORNEYS CHAPTER 700. DISCIPLINE AND INACTIVE STATUS OF ATTORNEYS Md. Rule 16-736 (2012) Rule 16-736. Conditional diversion agreement (a) When appropriate. Upon completing an investigation, Bar Counsel may agree to a Conditional Diversion Agreement if Bar Counsel concludes that: (1) the attorney committed professional misconduct or is incapacitated; (2) the professional misconduct or incapacity was not the result of any wilful or dishonest conduct and did not involve conduct that could be the basis for an immediate Petition for Disciplinary or Remedial Action pursuant to Rules 16-771, 16-773, or 16-774; (3) the cause or basis of the professional misconduct or incapacity is subject to remediation or resolution through alternative programs or mechanisms, including (A) medical, psychological, or other professional treatment, counseling, or assistance, (B) appropriate educational courses or programs, (C) mentoring or monitoring services, or (D) dispute resolution programs; and (4) the public interest and the welfare of the attorney's clients and prospective clients will not be harmed if, instead of the matter proceeding immediately with a disciplinary or remedial proceeding, the attorney agrees to and complies with specific measures that, if pursued, will remedy the immediate problem and likely prevent any recurrence of it. Committee note. -- Examples of conduct that may be susceptible to conditional diversion include conduct arising from (A) unfamiliarity with proper methods of law office management, recordkeeping, or accounting, (B) unfamiliarity with particular areas of law or legal procedure, (C) negligent management of attorney trust accounts or other financial matters, (D) negligent failure to maintain proper communication with clients, (E) negligent failure to provide proper supervision of employees, or (F) emotional stress or crisis or abuse of alcohol or other drugs. (b) Voluntary nature of Agreement; effect of rejection or disapproval. Neither Bar Counsel nor an attorney is required to propose or enter into a Conditional Diversion Agreement. The Agreement shall state that the attorney voluntarily consents to its terms and promises to pay all expenses reasonably incurred in connection with its performance and enforcement. If a Conditional

Diversion Agreement is proposed and rejected or if a signed Agreement is not approved by the Commission, Bar Counsel may take any other action permitted under this Chapter. Neither the fact that an Agreement was proposed, rejected, or not approved nor the contents of the Agreement may be admitted into evidence. (c) Terms of Conditional Diversion Agreement. (1) A Conditional Diversion Agreement shall be in writing and signed by Bar Counsel, the attorney, and any monitor designated in the Agreement. (2) The Agreement shall recite the basis for it, as set forth in section (a) of this Rule. By signing the Agreement, the attorney (A) acknowledges that the attorney has engaged in conduct that constitutes professional misconduct or is currently incapacitated, and (B) warrants that the attorney has not concealed from or misrepresented to Bar Counsel any material facts pertaining to the attorney's conduct or the Agreement. (3) The Agreement shall state the particular course of remedial action that the attorney agrees to follow and a time for the performance or completion of that action. The Agreement is expressly conditioned on the attorney's not engaging in any further conduct that would constitute professional misconduct and may provide for any program or corrective action appropriate under the circumstances, including: (A) mediation or binding arbitration of a fee dispute; (B) restitution of unearned or excessive fees in a stipulated amount; (C) public apology to designated individuals; (D) law office management assistance, including temporary or continuing monitoring, mentoring, accounting, bookkeeping, financial, or other professional assistance, and completion of specific educational programs dealing with law office management; (E) completion of specific legal education courses or curricula, including courses in legal ethics and professional responsibility; (F) agreement not to practice in specific areas of the law (i) unless the attorney associates himself or herself with one or more other attorneys who are proficient in those areas, or (ii) until the attorney has successfully completed a designated course of study to improve the attorney's proficiency in those areas; (G) specific course of treatment for emotional distress, mental disorder or disability, or dependence on alcohol or other drugs; and (H) stipulated number of hours of pro bono legal services. (4) The Agreement shall provide for a stay of any disciplinary or remedial proceeding pending

satisfactory performance by the attorney. The Agreement may designate either a private monitor engaged at the attorney's expense or Bar Counsel to supervise performance and compliance. The Agreement shall authorize the monitor to request and receive all information and inspect any records necessary to verify compliance and, if a private monitor is selected, to report any violation or noncompliance to Bar Counsel. The Agreement shall specify the fees of any private monitor and the method and frequency of payment of those fees. (d) Approval by Commission. A Conditional Diversion Agreement is not valid until approved by the Commission. Upon signing the Agreement, Bar Counsel and the attorney shall submit to the Commission the Agreement, any explanatory material that they believe relevant, and any further information that the Commission requests. The Commission may: (1) approve the Agreement if satisfied that it is reasonable and in the public interest; (2) disapprove the Agreement if not convinced that it is reasonable and in the public interest; or (3) recommend amendments to the Agreement as a condition of approval, which the parties may accept or reject. If Bar Counsel and the attorney accept the amendments, they shall notify the Commission of the acceptance, and the Commission shall then approve the Agreement. If either party rejects a proposed amendment, the Agreement shall be deemed disapproved. (e) Amendment of Agreement. A Conditional Diversion Agreement may be amended from time to time in a writing signed by Bar Counsel and the attorney and approved by the Commission. (f) Revocation of Agreement. (1) Bar Counsel may declare a proposed default on a Conditional Diversion Agreement if Bar Counsel determines that the attorney (A) engaged in further professional misconduct while subject to the agreement, (B) wilfully misrepresented or concealed material facts during the negotiation of the Agreement that induced Bar Counsel to recommend approval of the Agreement, or (C) has failed in a material way to comply with the Agreement. Bar Counsel shall give written notice to the attorney of the proposed default and afford the attorney a reasonable opportunity to refute the determination. (2) If the attorney fails to refute the charge or to offer an explanation or proposed remedy satisfactory to Bar Counsel, Bar Counsel shall file a petition with the Commission to revoke the Agreement and serve a copy of the petition on the attorney. The attorney may file a written response with the Commission within 15 days after service of the petition. The Commission may act upon the petition and response or may request the parties to supply additional information, in writing or in person. (3) If the Commission concludes that the attorney is in material default of the Agreement, it shall revoke the Agreement, revoke the stay of the disciplinary or remedial proceeding, and direct Bar Counsel to proceed in accordance with Rule 16-751, or as otherwise authorized by the Rules in this Chapter.

(g) Satisfaction of Agreement. If Bar Counsel determines that the attorney has complied in full with the requirements of the Agreement and that the disciplinary or remedial proceeding should be terminated, Bar Counsel shall inform the Commission and request that the disciplinary or remedial proceeding be terminated. If satisfied with Bar Counsel's recommendation, the Commission shall terminate the disciplinary or remedial proceeding. (h) Effect of Agreement. (1) Approval by the Commission of a Conditional Diversion Agreement does not constitute discipline. (2) Except as provided in subsections (h) (4) and (h) (5) of this Rule, the contents of the Agreement are confidential and may not be disclosed. (3) Upon approval of an Agreement by the Commission, Bar Counsel shall inform the complainant that such an Agreement has been entered into and approved, that the disciplinary or remedial proceeding has been stayed in favor of the Agreement, and that, if the attorney complies with the Agreement, the proceeding will be terminated. The complainant shall also be notified of the potential for and consequences of noncompliance. Except to the extent that the Agreement requires the transfer of property to the complainant or other communication with the complainant, the terms of the Agreement shall not be disclosed. (4) Upon revocation of an Agreement pursuant to section (f) of this Rule, the contents of the Agreement lose their confidentiality and may be disclosed in any ensuing disciplinary or remedial proceeding. (5) The contents of an Agreement may be disclosed in a subsequent proceeding against the attorney when relevant to a subsequent complaint based on similar misconduct. HISTORY: (Added Nov. 30, 2000, effective July 1, 2001.) MARYLAND RULES TITLE 16. COURTS, JUDGES, AND ATTORNEYS CHAPTER 700. DISCIPLINE AND INACTIVE STATUS OF ATTORNEYS Md. Rule 16-737 (2012) Rule 16-737. Reprimand by Commission (a) Offer. If Bar Counsel determines after completion of an investigation, or the Peer Review Panel determines after a Panel meeting, that an attorney has engaged in professional misconduct and that the appropriate sanction for the misconduct is a reprimand, Bar Counsel or the Panel shall serve on the attorney a written offer of a reprimand and a waiver of further disciplinary or remedial proceedings that is contingent upon acceptance of the reprimand by the attorney and approval of the reprimand by the Commission. The offer shall include the text of the proposed reprimand, the date when the offer will expire, a contingent waiver of further disciplinary or remedial proceedings, and advice that the offer, if accepted, is subject to approval by the Commission. The

text of the proposed reprimand shall summarize the misconduct for which the reprimand is to be imposed and include a reference to any rule, statute, or other law allegedly violated by the attorney. (b) Response. The attorney may accept the offer by signing the stipulation, endorsing the proposed reprimand, and delivering both documents to Bar Counsel or the Panel within the time stated in the notice or otherwise agreed to by Bar Counsel or the Panel. The attorney may (1) reject the offer expressly or by declining to return the documents timely, or (2) propose amendments to the proposed reprimand, which Bar Counsel or the Panel may accept, reject, or negotiate. (c) Action by Commission. If the attorney agrees to a reprimand, Bar Counsel or the Panel shall submit the proposed reprimand to the Commission for approval. Bar Counsel or the attorney may submit also any explanatory material that either believes relevant and shall submit any further material that the Commission requests. Upon the submission, the Commission may take any of the following actions: (1) the Commission may approve the reprimand, if satisfied that it is appropriate under the circumstances, in which event Bar Counsel shall promptly administer the reprimand to the attorney and terminate the disciplinary or remedial proceeding. (2) the Commission may recommend amendments to the reprimand as a condition of approval, which the parties may accept or reject. If the parties accept the amendments, they shall notify the Commission of the acceptance, and the Commission shall then approve the reprimand. If either party rejects a proposed amendment, the reprimand shall be deemed disapproved. (3) the Commission may disapprove the reprimand, if not satisfied that it is appropriate under the circumstances and direct Bar Counsel to proceed in another manner. (d) Effect of rejection or disapproval. If a reprimand is proposed and rejected or if a reprimand to which the parties have stipulated is not approved by the Commission, the proceeding shall resume as if no reprimand had been proposed, and neither the fact that a reprimand was proposed, rejected, or not approved nor the contents of the reprimand and any stipulation may be admitted into evidence. (e) Effect of reprimand. A reprimand constitutes discipline. HISTORY: (Added Nov. 30, 2000, effective July 1, 2001; Dec. 4, 2007, effective Jan. 1, 2008.) MARYLAND RULES TITLE 16. COURTS, JUDGES, AND ATTORNEYS CHAPTER 700. DISCIPLINE AND INACTIVE STATUS OF ATTORNEYS Md. Rule 16-741 (2012) Rule 16-741. Statement of Charges (a) Filing of Statement of Charges.

(1) Upon completion of an investigation, Bar Counsel shall file with the Commission a Statement of Charges if Bar Counsel determines that: (A) the attorney either engaged in conduct constituting professional misconduct or is incapacitated; (B) the professional misconduct or the incapacity does not warrant an immediate Petition for Disciplinary or Remedial Action; (C) a Conditional Diversion Agreement is either not appropriate under the circumstances or the parties were unable to agree on one; and (D) a reprimand is either not appropriate under the circumstances or (i) one was offered and rejected by the attorney, or (ii) a proposed reprimand was disapproved by the Commission and Bar Counsel was directed to file a Statement of Charges. (2) Bar Counsel shall include with the Statement of Charges a fair summary of the evidence developed through the investigation, including any response that the attorney sent to Bar Counsel regarding the matter. (b) Service of Statement of Charges; Peer Review. Bar Counsel shall serve on the attorney and send to the Chair of the Peer Review Committee a copy of the Statement of Charges, together with the supporting documentation filed pursuant to subsection (a) (2) of this Rule. The matter shall then proceed in accordance with Rules 16-742 and 16-743. HISTORY: (Added Nov. 30, 2000, effective July 1, 2001.) MARYLAND RULES TITLE 16. COURTS, JUDGES, AND ATTORNEYS CHAPTER 700. DISCIPLINE AND INACTIVE STATUS OF ATTORNEYS Md. Rule 16-742 (2012) Rule 16-742. Peer Review Panel (a) Appointment. Within 30 days after receiving a copy of a Statement of Charges filed with the Commission, the Chair of the Peer Review Committee shall (1) appoint a Peer Review Panel, (2) notify the Commission, Bar Counsel, and the attorney of the appointment of the Panel and the names and addresses of its members, (3) send to the members of the Panel a copy of the Statement of Charges and the supporting material filed by Bar Counsel with the Commission, and (4) in accordance with Rule 16-743 (b), schedule a meeting of the Peer Review Panel. (b) Composition of Panel. The Peer Review Panel shall consist of at least three members of the Peer Review Committee. A majority of the members of the Panel shall be attorneys, but at least one member shall not be an attorney. If practicable, the Chair shall appoint to the Panel members from the circuit in which the attorney who is the subject of the charges has an office for the practice of law or, if there is no such office, the circuit in which the last known address of the

attorney, as reflected on the records of the Client Protection Fund of the Bar of Maryland, is located. (c) Panel Chair. The Chair of the Peer Review Committee shall appoint an attorney member of the Panel as the Panel Chair. (d) Removal and recusal of members. The Chair of the Peer Review Committee may remove a member of the Peer Review Panel for cause. A member of a Peer Review Panel shall not participate in any proceeding in which the member's impartiality might reasonably be questioned. A member who is required to recuse or who cannot attend the Peer Review meeting shall immediately notify the Chair of the Peer Review Committee, who shall promptly appoint another member. (e) Quorum. The presence of any three members of the Peer Review Panel constitutes a quorum, whether or not a non-attorney member is present. With the consent of the Panel members who are present, Bar Counsel and the attorney may waive the quorum requirement. The concurrence of a majority of the members present is necessary to a recommendation to the Commission. HISTORY: (Added Nov. 30, 2000, effective July 1, 2001; amended effective Nov. 6, 2002.) MARYLAND RULES TITLE 16. COURTS, JUDGES, AND ATTORNEYS CHAPTER 700. DISCIPLINE AND INACTIVE STATUS OF ATTORNEYS Md. Rule 16-743 (2012) Rule 16-743. Peer review process (a) Purpose of peer review process. The purpose of the peer review process is for the Peer Review Panel to consider the Statement of Charges and all relevant information offered by Bar Counsel and the attorney concerning it and to determine (1) whether the Statement of Charges has a substantial basis and there is reason to believe that the attorney has committed professional misconduct or is incapacitated, and, if so, (2) whether a Petition for Disciplinary or Remedial Action should be filed or some other disposition is appropriate. The peer review process is not intended to be an adversarial one and it is not the function of Peer Review Panels to hold evidentiary hearings, adjudicate facts, or write full opinions or reports. Committee note. -- If a Peer Review Panel concludes that the complaint has a substantial basis indicating the need for some remedy, some behavioral or operational changes on the part of the lawyer, or some discipline short of suspension or disbarment, part of the peer review process can be an attempt through both evaluative and facilitative dialogue, (A) to effectuate directly or suggest a mechanism for effecting an amicable resolution of the existing dispute between the lawyer and the complainant, and (B) to encourage the lawyer to recognize any deficiencies on his or her part that led to the problem and take appropriate remedial steps to address those deficiencies. The goal, in this setting, is not to punish or stigmatize the lawyer or to create a fear that any admission of deficiency will result in substantial harm, but rather to create an ambience for a constructive solution. The objective views of two fellow lawyers and a lay person, expressed in the form of

advice and opinion rather than in the form of adjudication, may assist the lawyer (and the complainant) to retreat from confrontational positions and look at the problem more realistically. (b) Scheduling of meeting; notice to attorney. (1) The Chair of the Peer Review Committee, after consultation with the members of the Peer Review Panel, Bar Counsel, and the attorney, shall schedule a meeting of the Panel. (2) If, without substantial justification, the attorney does not agree to schedule a meeting within the time provided in subsection (b) (5) of this Rule, the Chair may recommend to the Commission that the peer review process be terminated. If the Commission terminates the peer review process pursuant to this subsection, the Commission may take any action that could be recommended by the Peer Review Panel under section (e) of this Rule. (3) The Chair shall notify Bar Counsel, the attorney, and each complainant of the time, place, and purpose of the meeting and invite their attendance. (4) The notice to the attorney shall inform the attorney of the attorney's right to respond in writing to the Statement of Charges by filing a written response with the Commission and sending a copy of it to Bar Counsel and each member of the Peer Review Panel at least ten days before the scheduled meeting. (5) Unless the time is extended by the Commission, the meeting shall occur within 60 days after appointment of the Panel. (c) Meeting. (1) The Peer Review Panel shall conduct the meeting in an informal manner. It shall allow Bar Counsel, the attorney, and each complainant to explain their positions and offer such supporting information as the Panel finds relevant. Upon request of Bar Counsel or the attorney, the Panel may, but need not, hear from any other person. The Panel is not bound by any rules of evidence, but shall respect lawful privileges. The Panel may exclude a complainant after listening to the complainant's statement and, as a mediative technique, may consult separately with Bar Counsel or the attorney. The Panel may meet in private to deliberate. (2) If the Panel determines that the Statement of Charges has a substantial basis and that there is reason to believe that the attorney has committed professional misconduct or is incapacitated, the Panel may (A) conclude the meeting and make an appropriate recommendation to the Commission or (B) inform the parties of its determination and allow the attorney an opportunity to consider a reprimand or a Conditional Diversion Agreement. (3) The Panel may schedule one or more further meetings, but, unless the time is extended by the Commission, it shall make a recommendation to the Commission within 90 days after appointment of the Panel. If a recommendation is not made within that time or any extension granted by the Commission, the peer review process shall be terminated and the Commission may take any action that could be recommended by the Peer Review Panel under section (e) of this Rule.

(d) Ex parte communications. Except for administrative communications with the Chair of the Peer Review Committee and as allowed under subsection (c) (1) as part of the peer review meeting process, no member of the Panel shall participate in an ex parte communication concerning the substance of the Statement of Charges with Bar Counsel, the attorney, the complainant, or any other person. (e) Recommendation of Peer Review Panel. (1) Agreed Upon Recommendation. If Bar Counsel and the attorney agree upon a recommended disposition, the Peer Review Panel shall transmit that recommendation to the Commission. If a Peer Review Panel determines that the attorney committed professional misconduct, or is incapacitated, and that the parties should enter into a Conditional Diversion Agreement, the Panel shall orally advise the parties of that determination and afford them an opportunity to enter into a Conditional Diversion Agreement in accordance with Rule 16-736. If agreement is reached, the Conditional Diversion Agreement shall be the Panel's recommended disposition. (2) If No Agreement. If there is no agreed-upon recommendation under subsection (e) (1) of this Rule, the Panel shall transmit to the Commission an independent recommendation, not subject to the approval of Bar Counsel, and shall accompany its recommendation with a brief explanatory statement. The Panel's recommendation shall be one of the following: (A) the filing of a Petition for Disciplinary or Remedial Action; (B) a reprimand in accordance with Rule 16-737; (C) dismissal of the complaint or termination of the proceeding without discipline, but with a warning, in accordance with Rule 16-735; or (D) dismissal of the complaint or termination of the proceeding without discipline and without a warning, in accordance with Rule 16-735. (f) Action by Commission. The Commission may (1) direct Bar Counsel to file a Petition for Disciplinary or Remedial Action, (2) take any action on the Panel's recommendation that the Commission may take on a similar recommendation made by Bar Counsel under Rule 16-734, or (3) dismiss the Statement of Charges and terminate the proceeding. HISTORY: (Added Nov. 30, 2000, effective July 1, 2001; amended Oct. 31, 2002, effective Jan. 1, 2003; Dec. 4, 2007, effective Jan. 1, 2008.) MARYLAND RULES TITLE 16. COURTS, JUDGES, AND ATTORNEYS CHAPTER 700. DISCIPLINE AND INACTIVE STATUS OF ATTORNEYS Md. Rule 16-751 (2012) Rule 16-751. Petition for disciplinary or remedial action

(a) Commencement of disciplinary or remedial action. (1) Upon approval or direction of Commission. Upon approval or direction of the Commission, Bar Counsel shall file a Petition for Disciplinary or Remedial Action in the Court of Appeals. (2) Conviction of crime; reciprocal action. If authorized by Rule 16-771 (b) or 16-773 (b), Bar Counsel may file a Petition for Disciplinary or Remedial Action in the Court of Appeals without prior approval of the Commission. Bar Counsel promptly shall notify the Commission of the filing. The Commission on review may direct the withdrawal of a petition that was filed pursuant to this subsection. Cross references. -- See Rule 16-723 (b) (8) concerning confidentiality of a petition to place an incapacitated attorney on inactive status. (b) Parties. The petition shall be filed in the name of the Commission, which shall be called the petitioner. The attorney shall be called the respondent. (c) Form of petition. The petition shall be sufficiently clear and specific to inform the respondent of any professional misconduct charged and the basis of any allegation that the respondent is incapacitated and should be placed on inactive status. HISTORY: (Added Nov. 30, 2000, effective July 1, 2001; amended Oct. 31, 2002, effective Jan. 1, 2003; Nov. 12, 2003, effective Jan. 1, 2004; amended Sept. 10, 2009, effective Oct. 1, 2009.) MARYLAND RULES TITLE 16. COURTS, JUDGES, AND ATTORNEYS CHAPTER 700. DISCIPLINE AND INACTIVE STATUS OF ATTORNEYS Md. Rule 16-752 (2012) Rule 16-752. Order designating judge (a) Order. Upon the filing of a Petition for Disciplinary or Remedial Action, the Court of Appeals may enter an order designating a judge of any circuit court to hear the action and the clerk responsible for maintaining the record. The order of designation shall require the judge, after consultation with Bar Counsel and the attorney, to enter a scheduling order defining the extent of discovery and setting dates for the completion of discovery, filing of motions, and hearing. (b) Service of petition and order. Upon entry of an order under section (a) of this Rule, the clerk of the Court of Appeals shall send two copies to Bar Counsel. Bar Counsel shall serve a copy of the order and a copy of the petition on the respondent. The copies shall be served in accordance with Rule 16-753 or as otherwise ordered by the Court of Appeals. (c) Motion to amend order. Within 15 days after the respondent has been served, either party may file a motion in accordance with Rule 8-431 requesting that the Court of Appeals designate another judge. The motion shall not stay the time for filing an answer to the petition.

HISTORY: (Added Nov. 30, 2000, effective July 1, 2001.) MARYLAND RULES TITLE 16. COURTS, JUDGES, AND ATTORNEYS CHAPTER 700. DISCIPLINE AND INACTIVE STATUS OF ATTORNEYS Md. Rule 16-753 (2012) Rule 16-753. Service of petition A copy of a Petition for Disciplinary or Remedial Action filed pursuant to Rule 16-751, and the order of the Court of Appeals designating a judge pursuant to Rule 16-752, shall be served on an attorney in the manner prescribed by Rule 2-121 or in any other manner directed by the Court of Appeals. If after reasonable efforts the attorney cannot be served personally, service may be made upon the employee designated by the Client Protection Fund of the Bar of Maryland pursuant to Rule 16-811 c 1 (x), who shall be deemed the attorney's agent for receipt of service. The Fund's employee shall send, by both certified mail and ordinary mail, a copy of the papers so served to the attorney at the address maintained in the Fund's records and to any other address provided by Bar Counsel. HISTORY: (Added Nov. 30, 2000, effective July 1, 2001; amended effective Nov. 6, 2002.) MARYLAND RULES TITLE 16. COURTS, JUDGES, AND ATTORNEYS CHAPTER 700. DISCIPLINE AND INACTIVE STATUS OF ATTORNEYS Md. Rule 16-754 (2012) Rule 16-754. Answer (a) Timing; contents. Within 15 days after being served with the petition, unless a different time is ordered, the respondent shall file with the designated clerk an answer to the petition and serve a copy on the petitioner. Sections (c) and (e) of Rule 2-323 apply to the answer. Defenses and objections to the petition, including insufficiency of service, shall be stated in the answer and not by preliminary motion. (b) Procedural defects. It is not a defense or ground for objection to a petition that procedural defects may have occurred during disciplinary or remedial proceedings prior to the filing of the petition. (c) Failure to answer. If the time for filing an answer has expired and the respondent has failed to file an answer in accordance with section (a) of this Rule, the court shall treat the failure as a default and the provisions of Rule 2-613 shall apply. HISTORY: (Added Nov. 30, 2000, effective July 1, 2001.)

MARYLAND RULES TITLE 16. COURTS, JUDGES, AND ATTORNEYS CHAPTER 700. DISCIPLINE AND INACTIVE STATUS OF ATTORNEYS Md. Rule 16-755 (2012) Rule 16-755. Amendments to pleadings A party may amend a petition or an answer in accordance with the applicable provisions of Rule 2-341. HISTORY: (Added Nov. 30, 2000, effective July 1, 2001.) MARYLAND RULES TITLE 16. COURTS, JUDGES, AND ATTORNEYS CHAPTER 700. DISCIPLINE AND INACTIVE STATUS OF ATTORNEYS Md. Rule 16-756 (2012) Rule 16-756. Discovery After a Petition for Disciplinary or Remedial Action has been filed, discovery is governed by Title 2, Chapter 400, subject to any scheduling order entered pursuant to Rule 16-752 (a). HISTORY: (Added Nov. 30, 2000, effective July 1, 2001.) MARYLAND RULES TITLE 16. COURTS, JUDGES, AND ATTORNEYS CHAPTER 700. DISCIPLINE AND INACTIVE STATUS OF ATTORNEYS Md. Rule 16-757 (2012) Rule 16-757. Judicial hearing (a) Generally. The hearing of a disciplinary or remedial action is governed by the rules of evidence and procedure applicable to a court trial in a civil action tried in a circuit court. Unless extended by the Court of Appeals, the hearing shall be completed within 120 days after service on the respondent of the order designating a judge. Before the conclusion of the hearing, the judge may permit any complainant to testify, subject to cross-examination, regarding the effect of the alleged misconduct. A respondent attorney may offer, or the judge may inquire regarding, evidence otherwise admissible of any remedial action undertaken relevant to the allegations. Bar Counsel may respond to any evidence of remedial action. (b) Burdens of proof. The petitioner has the burden of proving the averments of the petition by clear and convincing evidence. A respondent who asserts an affirmative defense or a matter of mitigation or extenuation has the burden of proving the defense or matter by a preponderance of the evidence.

(c) Findings and conclusions. The judge shall prepare and file or dictate into the record a statement of the judge's findings of fact, including findings as to any evidence regarding remedial action, and conclusions of law. If dictated into the record, the statement shall be promptly transcribed. Unless the time is extended by the Court of Appeals, the written or transcribed statement shall be filed with the clerk responsible for the record no later than 45 days after the conclusion of the hearing. The clerk shall mail a copy of the statement to each party. (d) Transcript. The petitioner shall cause a transcript of the hearing to be prepared and included in the record. (e) Transmittal of record. Unless a different time is ordered by the Court of Appeals, the clerk shall transmit the record to the Court of Appeals within 15 days after the statement of findings and conclusions is filed. HISTORY: (Added Nov. 30, 2000, effective July 1, 2001; Nov. 1, 2001, effective Jan. 1, 2002.) MARYLAND RULES TITLE 16. COURTS, JUDGES, AND ATTORNEYS CHAPTER 700. DISCIPLINE AND INACTIVE STATUS OF ATTORNEYS Md. Rule 16-758 (2012) Rule 16-758. Post-hearing proceedings (a) Notice of the filing of the record. Upon receiving the record, the Clerk of the Court of Appeals shall notify the parties that the record has been filed. (b) Exceptions; recommendations. Within 15 days after service of the notice required by section (a) of this Rule, each party may file (1) exceptions to the findings and conclusions of the hearing judge and (2) recommendations concerning the appropriate disposition under Rule 16-759 (c). (c) Response. Within 15 days after service of exceptions or recommendations, the adverse party may file a response. (d) Form. The parties shall file eight copies of any exceptions, recommendations, and responses. The copies shall conform to the requirements of Rule 8-112. HISTORY: (Added Nov. 30, 2000, effective July 1, 2001.)

MARYLAND RULES TITLE 16. COURTS, JUDGES, AND ATTORNEYS CHAPTER 700. DISCIPLINE AND INACTIVE STATUS OF ATTORNEYS Md. Rule 16-759 (2012)

Rule 16-759. Disposition (a) Oral argument. The Court shall set a date for oral argument, unless oral argument is waived by the parties. Oral argument shall be conducted in accordance with Rule 8-522. (b) Review by Court of Appeals. (1) Conclusions of law. The Court of Appeals shall review de novo the circuit court judge's conclusions of law. (2) Findings of fact. (A) If no exceptions are filed. If no exceptions are filed, the Court may treat the findings of fact as established for the purpose of determining appropriate sanctions, if any. (B) If exceptions are filed. If exceptions are filed, the Court of Appeals shall determine whether the findings of fact have been proven by the requisite standard of proof set out in Rule 16-757 (b). The Court may confine its review to the findings of fact challenged by the exceptions. The Court shall give due regard to the opportunity of the hearing judge to assess the credibility of witnesses. (c) Disposition. The Court of Appeals may order (1) disbarment, (2) suspension, (3) reprimand, (4) inactive status, (5) dismissal of the disciplinary or remedial action, or (6) a remand for further proceedings. (d) Decision. The decision of the Court of Appeals is final. The decision shall be evidenced by an order which the clerk shall certify under the seal of the Court. The order may be accompanied by an opinion. HISTORY: (Added Nov. 30, 2000, effective July 1, 2001.) MARYLAND RULES TITLE 16. COURTS, JUDGES, AND ATTORNEYS CHAPTER 700. DISCIPLINE AND INACTIVE STATUS OF ATTORNEYS Md. Rule 16-760 (2012) Rule 16-760. Order imposing discipline or inactive status (a) Effective date of order. Unless otherwise stated in the order, an order providing for the disbarment, suspension, or reprimand of a respondent or the placement of a respondent on inactive status shall take effect immediately. The order may provide that the disbarment, suspension, reprimand, or placement on inactive status be deferred for a specified period of time to allow the respondent a reasonable opportunity to comply with the requirements of section (c) of this Rule. Cross references. -- For the implementation of this Rule, see Attorney Grievance Commission v. Maignan, 402 Md. 39 (2007).

(b) Reprimand. Unless accompanied by a reported opinion, an order that reprimands the respondent shall summarize the misconduct for which the reprimand is imposed, include specific reference to any rule or statute violated by the respondent, and state any conditions imposed upon the respondent pursuant to section (h) of this Rule. Upon the entry of an order that reprimands a respondent, the Clerk of the Court of Appeals shall give the notice required by Rule 16-723 (e). (c) Duties of respondent. Unless otherwise stated in the order, an order that disbars or suspends a respondent or places a respondent on inactive status shall operate as an immediate directive that the respondent perform each of the following duties in a timely manner: (1) The respondent shall not accept any new clients or undertake any new or further representation of existing clients. (2) The respondent shall take any action necessary to protect current clients. (3) The respondent shall conclude any current client matters that can be concluded within 15 days after the date of the order. (4) Within 15 days after the date of the order, the respondent shall supply to Bar Counsel or an attorney designated by Bar Counsel a list of the attorney's clients (by name, address, and telephone number) whose legal matters have not been concluded by the respondent and identify any client matters (by name, tribunal, and docket reference) currently pending in any court or agency. (5) Within 15 days after the date of the order, the respondent shall mail a letter to each client whose legal matter has not been concluded, to counsel for any other party or to any unrepresented party in a pending action or proceeding, and to all attorneys with whom the respondent is associated in the practice of law, notifying each of them of the order and the fact that the respondent will be unable to practice law after the effective date of the order. The respondent shall supply copies of the letters to Bar Counsel or an attorney designated by Bar Counsel. (6) Within 30 days after the date of the order, the respondent shall withdraw from all client matters. (7) Unless suspended for a definite period of not more than one year, the respondent shall promptly request the publisher of any telephone directory or law listing to remove any listing or reference that suggests that the respondent is eligible to practice law. (8) The respondent shall deliver promptly to clients with pending matters any papers or other property to which the clients are entitled or notify the clients and any co-counsel of a suitable time and place to obtain the papers and other property and call attention to any urgent need to obtain them. (9) The respondent shall promptly notify the disciplinary authority in each jurisdiction in which the respondent is admitted to practice of the disciplinary sanction imposed by the Court of Appeals.

(10) Within 30 days of the effective date of the order, the respondent shall file with the Commission an affidavit that states (A) the manner and extent to which the respondent has complied with the order and the provisions of this section, (B) the names of all state and federal jurisdictions in which and administrative agencies before which the respondent has been admitted to practice, (C) the residence and any other address of the respondent to which future communications may be directed, (D) the policy number and the name and address of each insurer that provided malpractice insurance coverage to the respondent during the past five years and the inclusive dates of coverage, and (E) the date and manner that a copy of the affidavit required by this subsection was served upon Bar Counsel. The affidavit shall be accompanied by copies of the list required by subsection (c) (4) of this Rule and the letters mailed under subsection (c) (5) of this Rule. (11) If the respondent is or becomes employed or retained by or associated with a lawyer, the respondent shall comply with Rule 5.3 (d) of the Maryland Lawyers' Rules of Professional Conduct and assist the supervising lawyer in complying with the supervising lawyer's obligations under the Rule. (12) The respondent shall maintain records of the various steps taken to comply with this section and the order of the Court of Appeals and make those records available to Bar Counsel on request. (d) Effect of order; prohibited acts. After the effective date of an order that disbars or suspends a respondent or places a respondent on inactive status, the respondent may not practice law, attempt to practice law, or offer to practice law in this State either directly or through an attorney, officer, director, partner, trustee, agent, or employee. Unless otherwise stated in an order of the Court of Appeals, the respondent shall not: (1) occupy, share, or use office space in which an attorney practices law unless under circumstances clearly indicating to clients, prospective clients, and persons who may visit the office that the respondent is not a lawyer and is not permitted to practice law; (2) use any business card, sign, or advertisement suggesting that the respondent is entitled to practice law or maintain, either alone or with another, an office for the practice of law; (3) use any stationery, bank account, checks, or labels on which the respondent's name appears as an attorney or in connection with any office for the practice of law; (4) solicit or procure any legal business or retainer for an attorney, whether or not for personal gain; and (5) share in any fees for legal services performed by another attorney after the effective date of the order, but may be compensated for the reasonable value of services rendered prior to that date. (e) Duties of Clerk. On the effective date of an order that disbars, suspends, or places the respondent on inactive status, the Clerk of the Court of Appeals shall strike the name of the respondent from the register of attorneys in that Court and shall certify that fact to the Trustees of

the Client Protection Fund of the Bar of Maryland and the clerks of all courts in this State. The Clerk of the Court of Appeals also shall give the notice required by Rule 16-723 (e). (f) Duties of Bar Counsel. Bar Counsel shall enforce the order of the Court of Appeals and the provisions of this Rule. In enforcing section (c) of this Rule, Bar Counsel may designate an attorney to monitor the respondent's compliance and to receive the list and copies of letters described in subsections (c) (4) and (c) (5) of this Rule. If Rule 16-777 is applicable, Bar Counsel may request the appointment of a conservator in accordance with that Rule. (g) Orders for suspension or inactive status. (1) Definite period. An order of the Court of Appeals that suspends the respondent from the practice of law for a definite period of time may specify any conditions to be satisfied before or after the suspension expires. (2) Indefinite suspension or inactive status. An order of the Court of Appeals that suspends the respondent from the practice of law indefinitely, or places the respondent on inactive status, may permit the respondent to apply for reinstatement in accordance with Rule 16-781 not earlier than a specified period of time after the effective date of the order. (h) Conditions. An order entered under this Rule may impose one or more conditions to be satisfied by the respondent, whether as a condition precedent to reinstatement or a condition of probation after reinstatement, including a requirement that the respondent: (1) demonstrate, by the report of a health care professional or other proper evidence, that the respondent is mentally and physically competent to resume the practice of law; (2) upon reinstatement, engage an attorney satisfactory to Bar Counsel to monitor the respondent's legal practice pursuant to section (i) of this Rule; (3) prove that every former client has been reimbursed for any part of fees paid in advance for legal services that were not completed; (4) satisfy any judgment or reimburse the Client Protection Fund of the Bar of Maryland for any claim that arose out of the respondent's practice of law; (5) make restitution to any client of any sum found to be due to the client; (6) limit the nature or extent of the respondent's future practice of law; (7) pay all costs assessed by the order and any mandate of the Court of Appeals; (8) participate in a program tailored to individual circumstances that provides the respondent with law office management assistance, lawyer assistance or counseling, treatment for alcohol or substance abuse, psychological counseling, or specified courses in legal ethics, professional responsibility, or continuing legal education;

(9) issue an apology; and (10) take any other corrective action that may be reasonable and appropriate. (i) Monitors. An attorney engaged to monitor the respondent's legal practice pursuant to subsection (h) (2) of this Rule shall have access to client files, records of entrusted funds, and records of any attorney trust accounts maintained by the respondent. The respondent shall pay the reasonable fees and expenses of the monitor for the period of time stated in the order. The monitor shall make monthly or quarterly reports to Bar Counsel as Bar Counsel may direct. (j) Responsibility of affiliated attorneys. After the effective date of an order that disbars or suspends a respondent or places a respondent on inactive status, no attorney may assist the respondent in any activity that constitutes the practice of law or in any activity prohibited under section (d) of this Rule. Upon notice of the order, an attorney affiliated with the respondent as a member of a law firm or shareholder of a professional corporation shall take reasonable action to ensure compliance with this Rule. The firm or corporation may give written notice to any client of the respondent's inability to practice law and of its willingness to represent the client with the client's consent. Cross references. -- Rule 5.5 of the Maryland Lawyers' Rules of Professional Conduct. (k) Non-admitted attorney. (1) Duties of Clerk. On the effective date of an order by the Court of Appeals that disbars or suspends a non-admitted attorney, the Clerk of the Court of Appeals shall place the name of that attorney on a list maintained in that Court of non-admitted attorneys who are excluded from exercising in any manner the privilege of practicing law in the State. The Clerk also shall forward a copy of the order to the clerks of all courts in this State and to the State Court Administrator and the Board of Law Examiners to be maintained with the docket of out-of-state attorneys who are denied special admission to practice under the Rules Governing Admission to the Bar of Maryland. The Clerk shall give the notice required by Rule 16-723 (e). (2) Effect of order. After the effective date of an order entered under this section, the attorney may not practice law in this State and is disqualified from admission to the practice of law in this State. (l) Modification of order. Upon joint stipulation or verified motion filed by the respondent, the Court of Appeals may reduce a period of suspension, waive a requirement or condition imposed by this Rule or by order, or otherwise modify an order entered under this Rule. Relief shall be denied without a hearing unless it appears from the stipulation or from clear and convincing evidence submitted with the motion that the respondent is attempting in good faith to comply with the order but that full and exact compliance has become impossible or will result in unreasonable hardship. If necessary to resolve a genuine issue of material fact, the Court may enter an order designating a judge in accordance with Rule 16-752 to hold a hearing in accordance with Rule 16-757. (m) Sanctions for violations.

(1) Ineligibility for reinstatement. A petition for reinstatement filed pursuant to Rule 16-781 may be dismissed if the respondent fails to demonstrate (A) substantial compliance with sections (c) and (d) of this Rule and the order of the Court of Appeals, or (B) good cause for noncompliance. (2) Disciplinary or remedial action. Upon receiving information from any source that a respondent has violated sections (c) or (d) of this Rule or the order of the Court of Appeals, and in addition to any other remedy, Bar Counsel may file a Petition for Disciplinary or Remedial Action pursuant to Rule 16-751 based upon the violation. (3) Injunction against unauthorized practice. Upon receiving information from any source indicating that a respondent is violating section (d) of this Rule, Bar Counsel shall investigate the matter and may institute or intervene in an action in any court to enjoin the respondent from further violations. (4) Contempt. If a respondent violates section (c) or (d) of this Rule or the order of the Court of Appeals, the Commission may request the initiation of a proceeding for constructive criminal contempt in accordance with the provisions of Rule 15-205 and may initiate a proceeding for constructive civil contempt in accordance with the provisions of Rule 15-206. HISTORY: (Added Nov. 30, 2000, effective July 1, 2001; amended effective Nov. 6, 2002; Nov. 12, 2003, effective Jan. 1, 2004; amended Sept. 10, 2009, effective Oct. 1, 2009.) MARYLAND RULES TITLE 16. COURTS, JUDGES, AND ATTORNEYS CHAPTER 700. DISCIPLINE AND INACTIVE STATUS OF ATTORNEYS Md. Rule 16-761 (2012) Rule 16-761. Costs (a) Allowance and allocation. Except as provided in Rule 16-781 (n), and unless the Court of Appeals orders otherwise, the prevailing party in proceedings under this Chapter is entitled to costs. The Court, by order, may allocate costs among the parties. (b) Judgment. Costs of proceedings under this Chapter, including the costs of all transcripts, shall be taxed by the Clerk of the Court of Appeals and included in the order as a judgment. On motion, the Court may review the action of the Clerk. (c) Enforcement. Rule 8-611 applies to proceedings under this Chapter. HISTORY: (Added Nov. 30, 2000, effective July 1, 2001; Nov. 12, 2003, effective Jan. 1, 2004.) MARYLAND RULES TITLE 16. COURTS, JUDGES, AND ATTORNEYS CHAPTER 700. DISCIPLINE AND INACTIVE STATUS OF ATTORNEYS Md. Rule 16-771 (2012)

Rule 16-771. Disciplinary or remedial action upon conviction of crime (a) Duty of attorney charged. An attorney charged with a serious crime in this State or any other jurisdiction shall promptly inform Bar Counsel in writing of the criminal charge. Thereafter, the attorney shall promptly notify Bar Counsel of the final disposition of the charge in each court that exercises jurisdiction over the charge. Cross references. -- Rule 16-701 (k). (b) Petition in Court of Appeals. Upon receiving and verifying information from any source that an attorney has been convicted of a serious crime, Bar Counsel may file a Petition for Disciplinary or Remedial Action in the Court of Appeals pursuant to Rule 16-751 (a) (2). The petition may be filed whether the conviction resulted from a plea of guilty, nolo contendere, or a verdict after trial and whether an appeal or any other post-conviction proceeding is pending. The petition shall allege the fact of the conviction and include a request that the attorney be suspended immediately from the practice of law. A certified copy of the judgment of conviction shall be attached to the petition and shall be prima facie evidence of the fact that the attorney was convicted of the crime charged. (c) Temporary suspension of attorney. Upon filing of the petition pursuant to section (b) of this Rule, the Court of Appeals shall issue an order requiring the attorney to show cause within 15 days from the date of the order why the attorney should not be suspended immediately from the practice of law until the further order of the Court of Appeals. If, after consideration of the petition and the answer to the order to show cause, the Court of Appeals determines that the attorney has been convicted of a serious crime, the Court may enter an order suspending the attorney from the practice of law until final disposition of the disciplinary or remedial action. The Court of Appeals shall vacate the order and terminate the suspension if the conviction is reversed or vacated at any stage of appellate or collateral review. Cross references. -- Rule 16-760. (d) Statement of Charges. If the Court of Appeals denies a petition filed under section (b) of this Rule, Bar Counsel may file a Statement of Charges under Rule 16-741. (e) Further proceedings on petition. When a petition filed pursuant to section (b) of this Rule alleges the conviction of a serious crime, the Court of Appeals may enter an order designating a judge pursuant to Rule 16-752 to hold a hearing in accordance with Rule 16-757. (1) No appeal of conviction. If the attorney does not appeal the conviction, the hearing shall be held within a reasonable time after the time for appeal has expired. (2) Appeal of conviction. If the attorney appeals the conviction, the hearing shall be delayed, except as provided in section (f), until the completion of appellate review. (A) If, after completion of appellate review, the conviction is reversed or vacated, the judge to whom the action is assigned shall either dismiss the petition or hear the action on the basis of

evidence other than the conviction. (B) If, after the completion of appellate review, the conviction is not reversed or vacated, the hearing shall be held within a reasonable time after the mandate is issued. (3) Effect of incarceration. If the attorney is incarcerated as a result of the conviction, the hearing shall be delayed until the termination of incarceration unless the attorney requests an earlier hearing and makes all arrangements (including financial arrangements) to attend the hearing or waives the right to attend. (f) Right to earlier hearing. If the hearing on the petition has been delayed under subsection (e) (2) of this Rule and the attorney has been suspended from the practice of law under section (c) of this Rule, the attorney may request that the judge to whom the action is assigned hold an earlier hearing, at which the conviction shall be considered a final judgment. (g) Conclusive effect of final conviction of crime. In any proceeding under this Chapter, a final judgment of any court of record convicting an attorney of a crime, whether the conviction resulted from a plea of guilty, nolo contendere, or a verdict after trial, is conclusive evidence of the guilt of the attorney of that crime. As used in this Rule, "final judgment" means a judgment as to which all rights to direct appellate review have been exhausted. The introduction of the judgment does not preclude the Commission or Bar Counsel from introducing additional evidence or the attorney from introducing evidence or otherwise showing cause why no discipline should be imposed. HISTORY: (Added Nov. 30, 2000, effective July 1, 2001; Nov. 12, 2003, effective Jan. 1, 2004.) MARYLAND RULES TITLE 16. COURTS, JUDGES, AND ATTORNEYS CHAPTER 700. DISCIPLINE AND INACTIVE STATUS OF ATTORNEYS Md. Rule 16-772 (2012) Rule 16-772. Consent to discipline or inactive status (a) General requirement. An attorney may consent to discipline or placement on inactive status in accordance with this Rule. (b) Consent to discipline for misconduct. (1) Joint petition. An attorney may consent to disbarment or other discipline by joining with Bar Counsel in a petition for an order disbarring the attorney, suspending the attorney from the practice of law, or reprimanding the attorney. The petition shall be signed by the attorney and Bar Counsel and filed in the Court of Appeals. If a suspension is requested, the petition shall state whether the suspension should be indefinite or for a stated period and shall set forth any conditions that the parties agree should be imposed. If a reprimand is requested, the petition shall state the proposed text of the reprimand and any conditions. (2) Affidavit required. A joint petition filed under subsection (b) (1) of this Rule shall be

accompanied by an affidavit by the attorney that certifies that the attorney: (A) is aware that an investigation or proceeding is currently pending involving allegations of professional misconduct, the nature of which shall be specifically set forth; (B) knows that if a hearing were to be held, sufficient evidence could be produced to sustain the allegations of misconduct; (C) consents to the disbarment or other discipline stated in the petition; (D) gives the consent freely and voluntarily without coercion or duress; (E) is aware of the effects of the disbarment or other discipline to which the attorney is consenting; and (F) agrees to comply with Rule 16-760 and any conditions stated in the petition that the Court of Appeals may impose. (3) Order of the Court of Appeals. Upon the filing of the joint petition and the affidavit, the Court of Appeals may enter an order, signed by the Chief Judge or a judge designated by the Chief Judge, disbarring the attorney by consent from the practice of law in the State, suspending the attorney by consent from the practice of law, or reprimanding the attorney by consent and imposing any conditions stated in the petition. The provisions of Rule 16-760 apply to an order entered under this subsection. (c) Consent to placement on inactive status. (1) Joint petition. An attorney may consent to placement on inactive status by joining with Bar Counsel in a petition for an order placing the attorney on inactive status. The petition shall be signed by the attorney and Bar Counsel and filed in the Court of Appeals. The petition shall state whether the inactive status should be indefinite or until the occurrence of a specified event and shall set forth any conditions that the parties agree should be imposed. (2) Affidavit required. A joint petition filed under subsection (c) (1) of this Rule shall be accompanied by an affidavit by the attorney that certifies that the attorney: (A) consents to the placement on inactive status; (B) gives the consent freely and voluntarily without coercion or duress; (C) is currently incapacitated and unable to render adequate legal service; (D) knows that if a hearing were to be held, Bar Counsel would have the burden of proving by clear and convincing evidence that the attorney is so incapacitated as to require the attorney to be placed on inactive status;

(E) understands that being placed on inactive status, if ordered by the Court of Appeals, terminates the attorney's privilege to practice law in this State until otherwise ordered by the Court; (F) agrees to comply with Rule 16-760 and any conditions stated in the petition that the Court of Appeals may impose; (G) understands that the attorney may not be reinstated to practice law unless the attorney is able to prove by a preponderance of the evidence that the attorney has regained the ability to render adequate legal services, that inactive status should be terminated, and that the attorney should be reinstated to active practice; (H) has disclosed to Bar Counsel the name of every physician, other health care provider, and health care facility by whom or at which the attorney has been examined, evaluated, or treated; and (I) has furnished Bar Counsel with written consent to the release of such health care information and records as Bar Counsel has requested and waived any privilege as to such information and records. (3) Order of the Court of Appeals. Upon the filing of the joint petition and affidavit, the Court of Appeals may enter an order, signed by the Chief Judge or a judge designated by the Chief Judge, placing the attorney on inactive status by consent pending further order of the Court and imposing any conditions stated in the petition. The provisions of Rule 16-760 apply to an order entered under this section. (d) Duty of Clerk. When an attorney has been disbarred, suspended, or placed on inactive status under this Rule, the Clerk of the Court of Appeals shall strike the name of the attorney from the register of attorneys in that Court and shall certify to the Trustees of the Client Protection Fund of the Bar of Maryland and the clerks of all courts in this State that the attorney's name has been so stricken. (e) Effect of denial. If the Court of Appeals denies a joint petition for discipline or inactive status, the investigation or disciplinary or remedial proceeding shall resume as if no consent had been given. Neither the joint petition nor the affidavit may be admitted in evidence. HISTORY: (Added Nov. 30, 2000, effective July 1, 2001; amended effective Nov. 6, 2002.) MARYLAND RULES TITLE 16. COURTS, JUDGES, AND ATTORNEYS CHAPTER 700. DISCIPLINE AND INACTIVE STATUS OF ATTORNEYS Md. Rule 16-773 (2012) Rule 16-773. Reciprocal discipline or inactive status (a) Duty of attorney. An attorney who in another jurisdiction (1) is disbarred, suspended, or otherwise disciplined, (2) resigns from the bar while disciplinary or remedial action is threatened or pending in that jurisdiction, or (3) is placed on inactive status based on incapacity shall inform

Bar Counsel promptly of the discipline, resignation, or inactive status. (b) Petition in Court of Appeals. Upon receiving and verifying information from any source that in another jurisdiction an attorney has been disciplined or placed on inactive status based on incapacity, Bar Counsel may file a Petition for Disciplinary or Remedial Action in the Court of Appeals pursuant to Rule 16-751(a)(2). A certified copy of the disciplinary or remedial order shall be attached to the Petition, and a copy of the Petition and order shall be served on the attorney in accordance with Rule 16-753. (c) Show cause order. When a petition and certified copy of a disciplinary or remedial order have been filed, the Court of Appeals shall order that Bar Counsel and the attorney, within 15 days from the date of the order, show cause in writing based upon any of the grounds set forth in section (e) of this Rule why corresponding discipline or inactive status should not be imposed. (d) Temporary suspension of attorney. When the petition and disciplinary or remedial order demonstrate that an attorney has been disbarred or is currently suspended from practice by final order of a court in another jurisdiction, the Court of Appeals may enter an order, effective immediately, suspending the attorney from the practice of law, pending further order of Court. The provisions of Rule 16-760 apply to an order suspending an attorney under this section. (e) Exceptional circumstances. Reciprocal discipline shall not be ordered if Bar Counsel or the attorney demonstrates by clear and convincing evidence that: (1) the procedure was so lacking in notice or opportunity to be heard as to constitute a deprivation of due process; (2) there was such infirmity of proof establishing the misconduct as to give rise to a clear conviction that the Court, consistent with its duty, cannot accept as final the determination of misconduct; (3) the imposition of corresponding discipline would result in grave injustice; (4) the conduct established does not constitute misconduct in this State or it warrants substantially different discipline in this State; or (5) the reason for inactive status no longer exists. (f) Action by Court of Appeals. Upon consideration of the petition and any answer to the order to show cause, the Court of Appeals may immediately impose corresponding discipline or inactive status, may enter an order designating a judge pursuant to Rule 16-752 to hold a hearing in accordance with Rule 16-757, or may enter any other appropriate order. The provisions of Rule 16760 apply to an order under this section that disbars or suspends an attorney or that places the attorney on inactive status. (g) Conclusive effect of adjudication. Except as provided in subsections (e) (1) and (e) (2) of this Rule, a final adjudication in a disciplinary or remedial proceeding by another court, agency, or

tribunal that an attorney has been guilty of professional misconduct or is incapacitated is conclusive evidence of that misconduct or incapacity in any proceeding under this Chapter. The introduction of such evidence does not preclude the Commission or Bar Counsel from introducing additional evidence or preclude the attorney from introducing evidence or otherwise showing cause why no discipline or lesser discipline should be imposed. (h) Effect of stay in other jurisdiction. If the other jurisdiction has stayed the discipline or inactive status, any proceedings under this Rule shall be deferred until the stay is no longer operative and the discipline or inactive status becomes effective. HISTORY: (Added Nov. 30, 2000, effective July 1, 2001; amended Nov. 12, 2003, effective Jan. 1, 2004.) MARYLAND RULES TITLE 16. COURTS, JUDGES, AND ATTORNEYS CHAPTER 700. DISCIPLINE AND INACTIVE STATUS OF ATTORNEYS Md. Rule 16-774 (2012) Rule 16-774. Summary placement on inactive status (a) Grounds. An attorney may be summarily placed on inactive status for an indefinite period if the attorney has been judicially determined to be mentally incompetent or to require a guardian of the person for any of the reasons stated in Code, Estates and Trusts Article, 13-705 (b), or, in accordance with law, has been involuntarily admitted to a facility for inpatient care treatment of a mental disorder. (b) Procedure. (1) Petition for summary placement; confidentiality. Bar Counsel, with the approval of the Commission, may file in accordance with Rule 16-751 a petition to summarily place an attorney on inactive status. The petition shall be supported by a certified copy of the judicial determination or involuntary admission. The petition and all other papers filed in the Court of Appeals shall be sealed and stamped "confidential" in accordance with Rule 16-723 (b) (8). (2) Service. The petition and all papers filed with the petition shall be served upon the attorney in accordance with Rule 16-753 and, in addition, upon any guardian of the person of the attorney and the director of any facility to which the attorney has been admitted. Proof of service shall be made in accordance with Rule 2-126. (c) Order of the Court of Appeals. Upon consideration of the petition and any answer, the Court of Appeals may immediately place the attorney on inactive status for an indefinite period pending further order of the Court, may enter an order designating a judge in accordance with Rule 16-752 to hold a hearing in accordance with Rule 16-757, or may enter any other appropriate order. The provisions of Rule 16-760 apply to an order that places an attorney on inactive status. Copies of the order shall be served upon Bar Counsel and each person named in the proof of service of the petition.

(d) Effect on disciplinary or remedial proceeding. If a disciplinary or remedial proceeding for alleged misconduct is pending against the attorney, the entry of an order under this section shall stay the proceeding until the further order of the Court. (e) Termination of inactive status. When an attorney who has been placed on inactive status under section (c) of this Rule is judicially determined to be competent or is judicially released after involuntary admission, the Court of Appeals shall terminate the inactive status and either dismiss the petition or enter an order designating a judge in accordance with Rule 16-752 to hold a hearing in accordance with Rule 16-757. HISTORY: (Added Nov. 30, 2000, effective July 1, 2001; amended Oct. 31, 2002, effective Jan. 1, 2003.) MARYLAND RULES TITLE 16. COURTS, JUDGES, AND ATTORNEYS CHAPTER 700. DISCIPLINE AND INACTIVE STATUS OF ATTORNEYS Md. Rule 16-775 (2012) Rule 16-775. Resignation of attorney (a) Application. An application to resign from the practice of law in this State shall be submitted in writing under oath to the Court of Appeals, with a copy to Bar Counsel. The application shall state that the resignation is not being offered to avoid disciplinary action and that the attorney has no knowledge of any pending investigation, action, or proceedings in any jurisdiction involving allegations of professional misconduct by the attorney. (b) When attorney may not resign. An attorney may not resign while the attorney is the subject of a disciplinary investigation, action, or proceeding involving allegations of professional misconduct. An application to resign does not prevent or stay any disciplinary action or proceeding against the attorney. (c) Procedure. Upon receiving a copy of the application submitted in accordance with section (a) of this Rule, Bar Counsel shall investigate the application and file a response with the Clerk of the Court. (d) Order of the Court of Appeals. The Court of Appeals shall enter an order accepting or denying the resignation. A resignation is effective only upon entry of an order accepting it. (e) Duty of clerk. When the Court enters an order accepting an attorney's resignation, the Clerk of the Court of Appeals shall strike the name of the attorney from the register of attorneys in that Court and shall certify that fact to the Trustees of the Client Protection Fund of the Bar of Maryland and the clerks of all courts in this State. The Clerk shall give any notice required by Rule 16-723 (e). (f) Effect of resignation. An attorney may not practice law in this State after entry of an order

accepting the attorney's resignation. (g) Motion to vacate. On motion of Bar Counsel, the Court may vacate or modify the order in case of intrinsic or extrinsic fraud. HISTORY: (Added Nov. 30, 2000, effective July 1, 2001; amended effective Nov. 6, 2002; Nov. 12, 2003, effective Jan. 1, 2004.) MARYLAND RULES TITLE 16. COURTS, JUDGES, AND ATTORNEYS CHAPTER 700. DISCIPLINE AND INACTIVE STATUS OF ATTORNEYS Md. Rule 16-776 (2012) Rule 16-776. Injunction; expedited disciplinary or remedial action (a) Injunction to prevent serious harm. (1) Authority of Commission. Upon receiving information that an attorney is engaging in professional misconduct and poses an immediate threat of causing (A) death or substantial bodily harm to another, (B) substantial injury to the financial interest or property of another, or (C) substantial harm to the administration of justice, Bar Counsel, with approval of the Chair of the Commission, may apply in accordance with the provisions of Title 15, Chapter 500 for appropriate injunctive relief against the attorney. The relief sought may include restricting the attorney's practice of law, limiting or prohibiting withdrawals from any account in any financial institution, and limiting or prohibiting transfers of funds or property. Committee note. -- Except as otherwise provided in this Rule, Rules 15-501 through 15-505, the rules relating to temporary restraining orders and injunctions, apply. The appealability of injunctions under this Rule is governed by Code, Courts Article, 12-303. Cross references. -- See Rule 16-777 for the right of Bar Counsel to request the appointment of a conservator when an attorney no longer can practice. (2) Parties. The action for injunction shall be brought in the name of the Commission against the attorney whose conduct is alleged to be causing or threatening the harm and against any other person alleged to be assisting or acting in concert with the attorney. (3) Effect of investigation or disciplinary or remedial proceeding. A court may not delay or deny an injunction solely because the misconduct is or may become the subject of an investigation under Rule 16-731 or the basis for a Statement of Charges under Rule 16-741. (4) Order granting injunction. In addition to meeting the requirements of Rule 15-502 (e), an order granting a preliminary or permanent injunction pursuant to this section shall include specific findings by a preponderance of the evidence that the attorney has engaged in the professional misconduct alleged and poses the threat alleged in the complaint. A bond shall not be required except in exceptional circumstances.

(5) Service of injunction on financial institution. An order granting an injunction under this section that limits or prohibits withdrawals from any account or that limits or prohibits transfers of funds or property is effective against any financial institution upon which it is served from the time of service. (b) Expedited disciplinary or remedial action. When an injunction has issued in accordance with this Rule, and regardless of any pending appeal or motion to modify or dissolve the injunction, Bar Counsel shall immediately commence an action against the attorney by filing in the Court of Appeals a Petition for Disciplinary or Remedial Action pursuant to Rule 16-751. A certified copy of the order granting the injunction shall be attached to the petition. The action shall proceed in accordance with Rules 16-751 through 16-761. The Court of Appeals may assign the petition for hearing to the judge who granted the injunction. HISTORY: (Added Nov. 30, 2000, effective July 1, 2001.) MARYLAND RULES TITLE 16. COURTS, JUDGES, AND ATTORNEYS CHAPTER 700. DISCIPLINE AND INACTIVE STATUS OF ATTORNEYS Md. Rule 16-777 (2012) Rule 16-777. Conservator of client matters (a) Appointment; when authorized. If an attorney dies, disappears, or has been disbarred, suspended, or placed on inactive status, or has abandoned the practice of law, and no personal representative, partner, or other responsible party capable of conducting the former attorney's affairs is known to exist, Bar Counsel may file a petition requesting the appointment of a conservator to inventory the attorney's files and to take other appropriate action to protect the attorney's clients. (b) Petition and order. The petition to appoint a conservator may be filed in the circuit court in any county in which the attorney maintained an office for the practice of law. Upon such proof of the facts as the court may require, the court may enter an order appointing an attorney approved by Bar Counsel to serve as conservator subject to further order of the court. (c) Inventory. Promptly upon accepting the appointment, the conservator shall take possession and prepare an inventory of the former attorney's files, take control of the attorney's trust and business accounts, review the files and accounts, identify open matters, and note the matters requiring action. (d) Disposition of files. With the consent of the client or the approval of the court, the conservator may assist the client in finding new counsel, assume responsibility for specific matters, or refer the client's open matters to attorneys willing to handle them. (e) Sale of law practice. With the approval of the court, the conservator may sell the attorney's law practice in accordance with Rule 1.17 of the Maryland Lawyers' Rules of Professional Conduct.

(f) Compensation. The conservator shall be entitled to periodic payment from the attorney's assets or estate for reasonable hourly attorney's fees and reimbursement for expenditures reasonably incurred in carrying out the order of appointment. Upon verified motion served upon the attorney at the attorney's last known address or, if the attorney is deceased, upon the personal representative of the attorney, the court may order payment to the conservator and enter judgment against the attorney or personal representative for the reasonable fees and expenses of the conservator. If the conservator is unable to obtain full payment within one year after entry of judgment, the Commission in its sole discretion may authorize payment from the Disciplinary Fund in an amount not exceeding the amount of the judgment that remains unsatisfied. If payment is made from the Disciplinary Fund, the conservator shall assign the judgment to the Commission for the benefit of the Disciplinary Fund. (g) Confidentiality. A conservator shall not disclose any information contained in a client's file without the consent of the client, except as necessary to carry out the order of appointment. HISTORY: (Added Nov. 30, 2000, effective July 1, 2001; Feb. 8, 2005, effective July 1, 2005.) MARYLAND RULES TITLE 16. COURTS, JUDGES, AND ATTORNEYS CHAPTER 700. DISCIPLINE AND INACTIVE STATUS OF ATTORNEYS Md. Rule 16-778 (2012) Rule 16-778. Referral from Child Support Enforcement Administration (a) Referral. The Commission promptly shall transmit to Bar Counsel a referral from the Child Support Enforcement Administration pursuant to Code, Family Law Article, 10-119.3 (e)(3) and direct Bar Counsel to file a Petition for Disciplinary or Remedial Action in the Court of Appeals pursuant to Rule 16-751 (a)(1). A copy of the Administration's referral shall be attached to the Petition, and a copy of the Petition and notice shall be served on the attorney in accordance with Rule 16-753. Committee note. -- The procedures set out in Code, Family Law Article, 10-119.3 (f)(1), (2), and (3) are completed before the referral to the Attorney Grievance Commission. (b) Show cause order. When a petition and notice of referral have been filed, the Court of Appeals shall order that Bar Counsel and the attorney, within 15 days from the date of the order, show cause in writing why the attorney should not be suspended from the practice of law. (c) Action by the court of appeals. Upon consideration of the petition and any answer to the order to show cause, the Court of Appeals may enter an order: (1) immediately and indefinitely suspending the attorney from the practice of law, (2) designating a judge pursuant to Rule 16-752 to hold a hearing in accordance with Rule 16-757, or (3) containing any other appropriate provisions. The provisions of Rule 16-760 apply to an order under this section that suspends an attorney.

(d) Presumptive effect of referral. A referral from the Child Support Enforcement Administration to the Attorney Grievance Commission is presumptive evidence that the attorney falls within the criteria specified in Code, Family Law Article, 10-119.3 (e)(1), but the introduction of such evidence does not preclude Bar Counsel or the attorney from introducing additional evidence or otherwise showing cause why no suspension should be imposed. (e) Termination of suspension. (1) On notification by the Child Support Enforcement Administration. Upon notification by the Child Support Enforcement Administration that the attorney has complied with the provisions of Code, Family Law Article, 10-119.3 (j), the Court of Appeals shall order the attorney reinstated to the practice of law, unless other grounds exist for the suspension to remain in effect. (2) On verified petition by attorney. In the absence of a notification by the Child Support Enforcement Administration pursuant to subsection (e)(1) of this Rule, the attorney may file with the Court of Appeals a verified petition for reinstatement. The petition shall allege under oath that (A) the attorney is in compliance with the provisions of Code, Family Law Article, 10-119.3 (j) and is not currently in arrears in the payment of child support, (B) at least 15 days prior to filing the verified petition, the attorney gave written notice of those facts to the Child Support Enforcement Administration and requested that the Child Support Enforcement Administration notify the Court, (C) the Child Support Enforcement Administration has failed or refused to file such a notification, and (D) the attorney is entitled to be reinstated. All relevant documents shall be attached to the petition as exhibits. A copy of the petition and exhibits shall be served on Bar Counsel, who shall file an answer within 15 days after service. Upon consideration of the petition and answer, the Court of Appeals may enter an order reinstating the attorney, an order denying the petition, or any other appropriate order. (f)) Other disciplinary proceedings. Proceedings under this Rule shall not preclude (1) the use of the facts underlying the referral from the Child Support Enforcement Administration when relevant to a pending or subsequent disciplinary proceeding against the attorney or (2) prosecution of a disciplinary action based upon a pattern of conduct adverse to the administration of justice. HISTORY: (Added Sept. 10, 2009, effective Oct. 1, 2009.) MARYLAND RULES TITLE 16. COURTS, JUDGES, AND ATTORNEYS CHAPTER 700. DISCIPLINE AND INACTIVE STATUS OF ATTORNEYS Md. Rule 16-781 (2012) Rule 16-781. Reinstatement (a) Petition. A petition for reinstatement to the practice of law shall be filed in the Court of Appeals. It shall be verified and include docket references to all prior disciplinary or remedial actions to which the petitioner was a party. A copy of the order that disbarred or suspended the petitioner from the practice of law, placed the petitioner on inactive status, or accepted the petitioner's resignation shall be attached, together with any opinion of the Court that accompanied

the order. The petition shall certify that the petitioner has complied in all respects with the provisions of Rule 16-760 and with the terms and conditions of the disciplinary or remedial order. Except as provided in section (e) of this Rule, the petition shall allege facts describing the petitioner's original misconduct, subsequent conduct and reformation, present character, present qualifications and competence to practice law, and ability to satisfy the criteria specified in section (g) of this Rule. (b) Processing fee. Upon filing the petition, the petitioner shall pay any filing fee or costs prescribed by law. Except as provided in section (e) of this Rule, the petitioner also shall deposit with the Clerk of the Court of Appeals a non-refundable processing fee set by the Commission and approved by the Court of Appeals payable to the Disciplinary Fund. (c) Service. The petition shall be served upon Bar Counsel pursuant to Rule 2-121 and upon any other person designated by order of the Court of Appeals on request of Bar Counsel. (d) Requirement to provide information to Bar Counsel. (1) Petitioner disbarred or suspended indefinitely or for more than six months. A petitioner who has been disbarred or suspended indefinitely or for more than six months shall provide the following information to Bar Counsel at the time of filing the petition: (A) the petitioner's current address and telephone number; (B) the address of each residence during the period of discipline, with inclusive dates of each residence; (C) documentary evidence supporting the petitioner's claim that the criteria specified in section (g) have been satisfied; (D) the name, address, and telephone number of each employer, associate, and partner of the petitioner during the period of discipline, with the inclusive dates of each employment, association, and partnership, the positions held, the names of all supervisors, and, if applicable, reasons for terminating the employment, association, or partnership; (E) the case caption, general nature, and disposition of each civil and criminal action pending during the period of discipline to which the petitioner was a party or in which the petitioner claimed an interest; (F) a statement of monthly earnings and all other income during the period of discipline, including the source; (G) a statement of the petitioner's assets and financial obligations; (H) the names and addresses of all creditors; (I) a statement that any required restitution has been made and the amounts paid;

(J) a statement indicating whether the petitioner has applied for reinstatement in any other jurisdiction and the present status of each application; (K) a statement identifying all other business or occupational licenses or certificates applied for during the period of discipline and the current status of each application; (L) the name and address of each financial institution at which the petitioner maintained or was signatory on any account, safe deposit box, deposit, or loan during the period of discipline; (M) written authorization for Bar Counsel to secure financial records pertaining to any account, safe deposit box, deposit, or loan at any financial institution identified in subsection (d) (1) (L) of this Rule; (N) copies of the petitioner's state and federal income tax returns for the three years preceding the effective date of discipline and each year thereafter; and (O) any other information that the petitioner believes is relevant to determining whether the petitioner possesses the character and fitness necessary for reinstatement. (2) Petitioner on inactive status for incapacity. A petitioner who has been placed on inactive status for incapacity shall provide the following information to Bar Counsel at the time of filing the petition: (A) information that complies with the requirements of subsections (d) (1) (A), (d) (1) (C), (d) (1) (J), and (d) (1) (O) of this Rule; (B) a statement of the name, address, and telephone number of each health care provider and institution that examined or treated the petitioner for incapacity during the period of inactive status; and (C) a written waiver of any physician-patient privilege with respect to each health care provider named in subsection (d) (2) (A) of this Rule. (e) Expedited reinstatement. If the petitioner is an attorney who has been suspended for a definite period and the period has elapsed, Bar Counsel may consent to reinstatement by filing with the Clerk of the Court of Appeals a written notice that Bar Counsel is satisfied that the attorney has complied in all respects with the provisions of Rule 16-760 and with the terms and conditions of the order imposing the suspension. Upon receiving Bar Counsel's consent, the Clerk shall proceed in accordance with the applicable provisions of section (l) of this Rule. If Bar Counsel does not consent, Bar Counsel shall respond to the petition in accordance with section (f) of this Rule and shall state the particular grounds for withholding consent. The processing fee required by section (b) of this Rule does not apply to a petition filed under this section. (f) Response to petition. Bar Counsel shall file a response to the petition within 30 days after being served unless a different time is ordered. The response shall admit or deny the averments of the

petition in accordance with Rule 2-323 (c) and may include a statement of Bar Counsel's recommendations and reasons for supporting or opposing the petition. (g) Criteria for reinstatement. The Court of Appeals shall consider the nature and circumstances of the petitioner's original conduct, the petitioner's subsequent conduct and reformation, the petitioner's current character, and the petitioner's current qualifications and competence to practice law. The Court may order reinstatement if the petitioner meets each of the following criteria or presents sufficient reasons why the petitioner should nonetheless be reinstated: (1) The petitioner has complied in all respects with the provisions of Rule 16-760 and with the terms and conditions of prior disciplinary or remedial orders; (2) The petitioner has not engaged or attempted or offered to engage in the unauthorized practice of law and has not engaged in any other professional misconduct during the period of suspension, disbarment, or inactive status; (3) If the petitioner was placed on inactive status, the incapacity or infirmity (including alcohol or drug abuse) does not now exist and is not reasonably likely to recur in the future; (4) If the petitioner was disbarred or suspended, the petitioner recognizes the wrongfulness and seriousness of the professional misconduct for which discipline was imposed; (5) The petitioner has not engaged in any other professional misconduct since the imposition of discipline; (6) The petitioner currently has the requisite honesty and integrity to practice law; (7) The petitioner has kept informed about recent developments in the law and is competent to practice law; and (8) The petitioner has paid all sums previously assessed by the order of the Court of Appeals. (h) Disposition. Upon review of the petition and Bar Counsel's response, the Court of Appeals may order (1) dismissal without a hearing, (2) reinstatement, or (3) further proceedings in accordance with section (i) of this Rule. (i) Further proceedings. If the Court of Appeals orders further proceedings, the Court shall enter an order designating a judge in accordance with Rule 16-752 to hold a hearing. The judge shall allow reasonable time for Bar Counsel to investigate the petition and, subject to Rule 16-756, take depositions and complete discovery. The applicable provisions of Rule 16-757 shall govern the hearing, including the requirement that the petitioner shall have the burden of proving the averments of the petition by clear and convincing evidence. The applicable provisions of Rules 16758 and 16-759, except section (c) of Rule 16-759, shall govern any subsequent proceedings in the Court of Appeals. The Court may order (1) reinstatement, (2) dismissal of the petition, or (3) a remand for further proceedings.

(j) Conditions of reinstatement. An order that reinstates a petitioner may require that the petitioner fulfill, either as a condition precedent to reinstatement or a condition of probation after reinstatement, one or more of the provisions set forth in Rule 16-760 (h) and one or more of the following requirements: (1) take the oath of attorneys required by Code, Business Occupations and Professions Article, 10-212; (2) attend a bar review course approved by Bar Counsel and submit to Bar Counsel satisfactory evidence of attendance; (3) successfully complete a professional ethics course at an accredited law school; (4) attend the professionalism course required for newly-admitted attorneys; (5) pass either the regular comprehensive Maryland bar examination or an attorney examination administered by the Board of Law Examiners; and (6) pay all costs assessed in accordance with section (n) of this Rule. (k) Effective date of reinstatement order. An order that reinstates the petitioner may provide that it shall become effective immediately or on a date stated in the order. If no effective date is stated, the order shall take effect on the date that Bar Counsel gives written notice to the Clerk of the Court of Appeals that the petitioner has complied with all conditions precedent to reinstatement set forth in the order. (l) Duties of Clerk. (1) Generally. Promptly after the effective date of an order that reinstates a petitioner, the Clerk of the Court of Appeals shall give any notice required by Rule 16-723 (e). (2) Attorney admitted to practice. Upon receiving a reinstatement notice authorized by section (e) of this Rule, or on the effective date of an order or notice that reinstates a petitioner admitted by the Court of Appeals to the practice of law, the Clerk of the Court of Appeals shall place the name of the petitioner on the register of attorneys in that Court and shall certify that fact to the Trustees of the Client Protection Fund of the Bar of Maryland and to the clerks of all courts in the State. (3) Attorney not admitted to practice. Upon receiving a reinstatement notice authorized by section (e) of this Rule, or on the effective date of an order or notice that reinstates a petitioner not admitted by the Court of Appeals to practice law, the Clerk of the Court of Appeals shall remove the petitioner's name from the list maintained in that Court of non-admitted attorneys who are ineligible to practice law in this State, and shall certify that fact to the Board of Law Examiners and the clerks of all courts in the State. (m) Motion to vacate reinstatement. Bar Counsel may file a motion to vacate an order that reinstates the petitioner if (1) the petitioner has failed to demonstrate substantial compliance with

the order, including any condition of reinstatement imposed under Rule 16-760 (h) or section (j) of this Rule or (2) the petition filed under section (a) of this Rule contains a false statement or omits a material fact, the petitioner knew the statement was false or the fact was omitted, and the true facts were not disclosed to Bar Counsel prior to entry of the order. The petitioner may file a verified response within 15 days after service of the motion, unless a different time is ordered. If there is a factual dispute to be resolved, the court may enter an order designating a judge in accordance with Rule 16-752 to hold a hearing. The judge shall allow reasonable time for the parties to prepare for the hearing and may authorize discovery pursuant to Rule 16-756. The applicable provisions of Rule 16-757 shall govern the hearing. The applicable provisions of Rules 16-758 and 16-759, except section (c) of Rule 16-759, shall govern any subsequent proceedings in the Court of Appeals. The Court may reimpose the discipline that was in effect when the order was entered or may impose additional or different discipline. (n) Costs. In proceedings for reinstatement, unless the Court of Appeals orders otherwise, the petitioner shall pay all court costs and costs of investigation and other proceedings on the petition, including the costs of physical and mental examinations, transcripts, and other expenditures incurred by Bar Counsel that were reasonably necessary to evaluate the petition. HISTORY: (Added Nov. 30, 2000, effective July 1, 2001; amended effective Nov. 6, 2002; Nov. 12, 2003, effective Jan. 1, 2004.) MARYLAND RULES TITLE 16. COURTS, JUDGES, AND ATTORNEYS CHAPTER 800. MISCELLANEOUS Md. Rule 16-801 (2012) Rule 16-801. Promulgation of rules a. Promulgation by Rules Order. Rules of the Court of Appeals shall be promulgated by a Rules Order approved by a majority of the members of the Court of Appeals. b. Rules committee. To assist the Court of Appeals in developing rules in the exercise of its rulemaking power, the Court has appointed a standing committee on rules of practice and procedure, usually and herein referred to as the "Rules Committee," composed of judges, lawyers and persons familiar with judicial administration appointed for a three year term or at the Court's pleasure. The Court has also appointed a member of the bar to serve as Reporter to the Rules Committee, and from time to time, such assistant or special reporters as may be required to assist the Rules Committee in discharging its assigned responsibilities. Unless otherwise determined by the Court of Appeals, every suggestion for the adoption, amendment, or rescission of a rule shall be referred to the Rules Committee for consideration. The Rules Committee may also consider rules changes on its own initiative, and shall make its recommendations with respect to rules changes to the Court of Appeals by two or more written reports each year, submitted on or before March 31 and September 30. A copy of each report shall be transmitted to the Maryland Register for publication under a thirty day notice of proposed rules changes soliciting public comment. Cross references. -- See 13-301 to 13-303 of the Courts Article of the Annotated Code of

Maryland. Committee note. -- The Rules Committee was originally appointed by order of the Court of Appeals dated January 22, 1946, to succeed an ad hoc predecessor Committee on Rules of Practice and Procedure appointed by order of the Court dated March 5, 1940. c. Publication of rules changes. Unless the Court of Appeals determines that some emergency requires the promulgation of a rules change to take effect prior to either of the dates specified in section d of this Rule, a copy of every Rules Order adopting, amending, or rescinding a rule shall be published in the Maryland Register at least thirty days before its effective date under a notice of rules changes, and may also be published in such other publication as the Court of Appeals may direct. A Rules Order adopting or amending a rule in the form previously published in the Maryland Register as a proposed rule change shall cite the number and page of the Maryland Register on which the proposed rules change appears, and in that case the text of the rule adopted or amended need not be re-published with the order of adoption or amendment. If, however, the Court of Appeals should further amend a rule proposed for adoption or amendment during the course of the rule-making process, either in response to comment received, or of its own motion, the full text of the rule or amendment as adopted and showing such further amendment shall be republished with the Rules Order. If the Court of Appeals determines that an emergency exists and that a rules change is required to take effect prior to either of the dates specified in section d of this Rule, it shall direct such special publication as it considers appropriate to notify the judiciary, the clerks and members of the bar. d. Effective date of rules changes. Unless the Court of Appeals determines that an emergency exists, and otherwise directs, rules changes shall become effective not earlier than the first day of January or the first day of July, whichever first occurs after the entry and appropriate publication of the order promulgating the rules changes. e. Record of rules. The Clerk of the Court of Appeals shall maintain a separate record designated as the "Maryland Rules of Procedure," which shall contain all rules and amendments adopted by the Court. HISTORY: (Added May 5, 1976, effective July 1, 1976; amended Nov. 5, 1976, effective Jan. 1, 1977; Apr. 6, 1984, effective July 1, 1984; Nov. 19, 1987, effective July 1, 1988; June 5, 1996, effective Jan. 1, 1997.) MARYLAND RULES TITLE 16. COURTS, JUDGES, AND ATTORNEYS CHAPTER 800. MISCELLANEOUS Md. Rule 16-802 (2012) Rule 16-802. Maryland Judicial Conference and Council (a) Conference and Council Established. There is a Judicial Conference, known as "The Maryland Judicial Conference," to consider the status of judicial business in the various courts,

appropriate legislation, and changes in rules and to exchange ideas with respect to the improvement of the administration of justice in Maryland and the judicial system in Maryland. There is a Judicial Council, which is part of the Maryland Judicial Conference. The Judicial Council guides the Maryland Judicial Conference in maintaining the cohesiveness, leadership, and efficacy of the judiciary. (b) Membership of Conference. The members of the Judicial Conference are the judges of the Court of Appeals of Maryland, Court of Special Appeals, circuit courts of the counties, and District Court of Maryland. (c) Chair. The Chief Judge of the Court of Appeals of Maryland is the Chair of the Judicial Conference and the Judicial Council. (d) Duties and Members of the Judicial Council. (1) Duties. Between plenary sessions of the Maryland Judicial Conference, the Judicial Council shall perform the functions of the Conference and: (A) shall submit recommendations for the improvement of the administration of justice in Maryland to the Chief Judge, the Court of Appeals, and the full Conference, as appropriate; (B) may submit recommendations to the Governor, the General Assembly, or both, but only through the Chief Judge and the Court of Appeals, who shall forward them with any comments or additional recommendations that the Chief Judge or the Court deems appropriate; (C) shall establish committees of the Judicial Conference pursuant to section (f) of this Rule, and approve and coordinate the work of those committees; (D) plan educational programs to improve the administration of justice in Maryland; and (E) plan sessions of the Conference in conjunction with the Conference Chair. (2) Members. (A) The Judicial Council consists of 16 members, namely, the Chief Judge, the Chief Judge of the Court of Special Appeals, the Chair of the Conference of Circuit Judges, the Chief Judge of the District Court, the State Court Administrator, the Chair of the Conference of Circuit Court Clerks, the Chief Clerk of the District Court, and nine members appointed by the Chief Judge pursuant to subsection (d) (2) (B) of this Rule. (B) The members of the Judicial Council appointed by the Chief Judge are four circuit court judges, consisting of two circuit administrative judges and two elected members from the Conference of Circuit Court Judges; four District Court judges, consisting of two District Administrative judges and two elected members of the Administrative Judges Committee; and one court administrator of a circuit court.

(3) Terms. The term of each appointed member is two years. The terms of the members shall be staggered. (4) Vacancies. If a vacancy occurs on the Judicial Council because an appointed member resigns from the Council, leaves judicial office, or is appointed or elected to a judicial office other than the office the member held when appointed to the Council, the Chair shall appoint a replacement member to serve for the unexpired balance of the predecessor's term. (e) Secretariat. The Administrative Office of the Courts is the secretariat for the Conference. (f) Committees. (1) Establishment. In consultation with the Chair of the Judicial Conference, the Judicial Council shall establish the committees of the Conference it considers necessary or desirable from time to time and appoint the chair and members of each committee. (2) Duties. At the time or times each committee's chair designates, the committee shall meet to receive, discuss, and consider suggestions pertaining to its area of responsibility. Each committee shall make reports to the Judicial Council as required by the Council and submit an annual report to the Judicial Conference through the Judicial Council. (g) Sessions of the conference. Unless otherwise ordered by the Court of Appeals, the Conference shall meet in general session at least once a year at the time and place designated by the Judicial Council. Each session of the Conference shall be for the number of days the work of the Conference may require. HISTORY: (Amended June 28, 1971, effective Sept. 1, 1971; June 1, 1981; Nov. 7, 1990; June 5, 1996, effective Jan. 1, 1997; Dec. 16, 1999, effective July 1, 2000; Mar. 5, 2001, effective July 1, 2001.) MARYLAND RULES TITLE 16. COURTS, JUDGES, AND ATTORNEYS CHAPTER 800. MISCELLANEOUS Md. Rule 16-803 (2012) Rule 16-803. Commission on judicial disabilities -- Definitions The following definitions apply in Rules 16-804 through 16-810 except as expressly otherwise provided or as necessary implication requires: (a) Address of Record. "Address of record" means a judge's current home address or another address designated by the judge. Cross references. -- See Rule 16-810 (a)(1) concerning confidentiality of a judge's home address. (b) Board. "Board" means the Judicial Inquiry Board appointed pursuant to Rule 16-804.1.

(c) Charges. "Charges" means the charges filed with the Commission by Investigative Counsel pursuant to Rule 16-808. (d) Commission. "Commission" means the Commission on Judicial Disabilities. (e) Commission Record. "Commission record" means all documents pertaining to the judge who is the subject of charges that are filed with the Commission or made available to any member of the Commission. (f) Complainant. "Complainant" means a person who has filed a complaint. (g) Complaint. "Complaint" means a communication alleging that a judge has a disability or has committed sanctionable conduct. (h) Disability. "Disability" means a mental or physical disability that seriously interferes with the performance of a judge's duties and is, or is likely to become, permanent. (i) Formal Complaint. "Formal Complaint" means a written communication under affidavit signed by the complainant, alleging facts indicating that a judge has a disability or has committed sanctionable conduct. Committee note. -- The complainant may comply with the affidavit requirement of this section by signing a statement in the following form: "I solemnly affirm under the penalties of perjury that the contents of the foregoing paper are true to the best of my knowledge, information, and belief." It is not required that the complainant appear before a notary public. (j) Judge. "Judge" means a judge of the Court of Appeals, the Court of Special Appeals, a circuit court, the District Court, or an orphans' court, and a retired judge during any period that the retired judge has been approved to sit. Cross references. -- See Md. Const., Art. 4, 3A and Code, Courts Article, 1-302. (k) Sanctionable conduct. (1) "Sanctionable conduct" means misconduct while in office, the persistent failure by a judge to perform the duties of the judge's office, or conduct prejudicial to the proper administration of justice. A judge's violation of any of the provisions of the Maryland Code of Judicial Conduct promulgated by Rule 16-813 may constitute sanctionable conduct. (2) Unless the conduct is occasioned by fraud or corrupt motive or raises a substantial question as to the judge's fitness for office, "sanctionable conduct" does not include: (A) making an erroneous finding of fact, reaching an incorrect legal conclusion, or misapplying the law; or

(B) failure to decide matters in a timely fashion unless such failure is habitual. HISTORY: (Added May 9, 1995, effective July 1, 1995; amended June 5, 1996, effective Jan. 1, 1997; June 6, 2000, effective Jan. 1, 2001; May 8, 2007, effective July 1, 2007.) MARYLAND RULES TITLE 16. COURTS, JUDGES, AND ATTORNEYS CHAPTER 800. MISCELLANEOUS Md. Rule 16-804 (2012) Rule 16-804. Commission (a) Chair and Vice Chair. The Commission shall select one of its members to serve as Chair and another to serve as Vice Chair for such terms as the Commission shall determine. The Vice Chair shall perform the duties of the Chair whenever the Chair is disqualified or otherwise unable to act. (b) Interested member. A member of the Commission shall not participate as a member in any proceeding in which (1) the member is a complainant, (2) the member's disability or sanctionable conduct is in issue, (3) the member's impartiality might reasonably be questioned, (4) the member has personal knowledge of disputed evidentiary facts involved in the proceeding, or (5) the recusal of a judicial member would otherwise be required by the Maryland Code of Judicial Conduct. Cross references. -- See Md. Const., Article IV, 4B (a), providing that the Governor shall appoint a substitute member of the Commission for the purpose of a proceeding against a member of the Commission. (c) Executive Secretary. The Commission may select an attorney as Executive Secretary. The Executive Secretary shall serve at the pleasure of the Commission, advise and assist the Commission, have other administrative powers and duties assigned by the Commission, and receive the compensation set forth in the budget of the Commission. (d) Investigative Counsel; assistants. The Commission shall appoint an attorney as Investigative Counsel. Before appointing Investigative Counsel, the Commission shall notify bar associations and the general public of the vacancy and shall consider any recommendations that are timely submitted. Investigative Counsel shall serve at the pleasure of the Commission and shall receive the compensation set forth in the budget of the Commission. Investigative Counsel shall have the powers and duties set forth in these rules and shall report and make recommendations to the Commission as directed by the Commission. As the need arises and to the extent funds are available in the Commission's budget, the Commission may appoint additional attorneys or other persons to assist Investigative Counsel. Investigative Counsel shall keep an accurate record of the time and expenses of additional persons employed and ensure that the cost does not exceed the amount allocated by the Commission. (e) Quorum. The presence of a majority of the members of the Commission constitutes a quorum for the transaction of business, provided that at least one judge, one lawyer, and one public member are present. At a hearing on charges held pursuant to Rule 16-808 (i), a Commission

member is present only if the member is physically present in person. Under all other circumstances, a member may be present in person or by telephone or video conferencing. Other than adjournment of a meeting for lack of a quorum, no action may be taken by the Commission without the concurrence of a majority of members of the Commission. (f) Record. The Commission shall keep a record of all proceedings concerning a judge. (g) Annual report. The Commission shall submit an annual report to the Court of Appeals, not later than September 1, regarding its operations and including statistical data with respect to complaints received and processed, subject to the provisions of Rule 16-810. (h) Request for home address. Upon request by the Commission or the Chair of the Commission, the Administrative Office of the Courts shall supply to the Commission the current home address of each judge. HISTORY: (Added May 9, 1995, effective July 1, 1995; amended June 5, 1996, effective Jan. 1, 1997; Dec. 10, 1996, effective Jan. 1, 1997; June 6, 2000, effective Jan. 1, 2001; amended May 8, 2007, effective July 1, 2007.) MARYLAND RULES TITLE 16. COURTS, JUDGES, AND ATTORNEYS CHAPTER 800. MISCELLANEOUS Md. Rule 16-804.1 (2012) Rule 16-804.1. Judicial inquiry board (a) Creation and composition. The Commission shall appoint a Judicial Inquiry Board consisting of two judges, two attorneys, and three public members who are not attorneys or judges. No member of the Commission may serve on the Board. (b) Compensation. A member of the Board may not receive compensation for serving in that capacity but is entitled to reimbursement for expenses reasonably incurred in the performance of official duties in accordance with standard State travel regulations. (c) Chair. The Chair of the Commission shall designate a member of the Board who is a lawyer or judge to serve as Chair of the Board. (d) Removal. The Commission by majority vote may remove or replace members of the Board at any time. (e) Quorum. The presence of a majority of the members of the Board constitutes a quorum for the transaction of business, so long as at least one judge, one lawyer, and one public member are present. A member of the Board may be present in person or by telephone or video conferencing. Other than adjournment of a meeting for lack of a quorum, no action may be taken by the Board without the concurrence of a majority of members of the Board.

(f) Powers and duties. The powers and duties of the Board are set forth in Rules 16-805 and 16806. (g) Record. The Executive Secretary of the Commission shall attend the Board meetings and keep a record in the form that the Commission requires. HISTORY: (Added May 8, 2007, effective July 1, 2007.) MARYLAND RULES TITLE 16. COURTS, JUDGES, AND ATTORNEYS CHAPTER 800. MISCELLANEOUS Md. Rule 16-805 (2012) Rule 16-805. Complaints; preliminary investigations (a) Complaints. All complaints against a judge shall be sent to Investigative Counsel. Upon receiving a complaint that does not qualify as a formal complaint but indicates that a judge may have a disability or have committed sanctionable conduct, Investigative Counsel shall, if possible: (1) inform the complainant of the right to file a formal complaint; (2) inform the complainant that a formal complaint must be supported by affidavit and provide the complainant with the appropriate form of affidavit; and (3) inform the complainant that unless a formal complaint is filed within 30 days after the date of the notice, Investigative Counsel is not required to take action, and the complaint may be dismissed. (b) Formal Complaints. Investigative Counsel shall number and open a file on each formal complaint received and promptly in writing (1) acknowledge receipt of the complaint and (2) explain to the complainant the procedure for investigating and processing the complaint. (c) Dismissal by Investigative Counsel. If Investigative Counsel concludes that the complaint does not allege facts that, if true, would constitute a disability or sanctionable conduct and that there are no reasonable grounds for a preliminary investigation, Investigative Counsel shall dismiss the complaint. If a complainant does not file a formal complaint within the time stated in section (a) of this Rule, Investigative Counsel may dismiss the complaint. Upon dismissing a complaint, Investigative Counsel shall notify the complainant and the Commission that the complaint has been dismissed. If the judge has learned of the complaint and has requested notification, Investigative Counsel shall also notify the judge that the complaint has been dismissed. (d) Inquiry. Upon receiving information from any source indicating that a judge may have a disability or may have committed sanctionable conduct, Investigative Counsel may open a file and make an inquiry. An inquiry may include obtaining additional information from the complainant and any potential witnesses, reviewing public records, obtaining transcripts of court proceedings, and communicating informally with the judge. Following the inquiry, Investigative Counsel shall (1) close the file and dismiss any complaint in conformity with section (c) of this Rule or (2) proceed as if a formal complaint had been filed and undertake a preliminary investigation in accordance with section (e) of this Rule.

(e) Preliminary investigation. (1) If a complaint is not dismissed in accordance with section (c) or (d) of this Rule, Investigative Counsel shall conduct a preliminary investigation to determine whether there are reasonable grounds to believe that the judge may have a disability or may have committed sanctionable conduct. Investigative Counsel shall promptly inform the Board or Commission that the preliminary investigation is being undertaken. (2) Upon application by Investigative Counsel and for good cause, the Chair of the Commission may authorize Investigative Counsel to issue a subpoena to obtain evidence during a preliminary investigation. (3) During a preliminary investigation, Investigative Counsel may recommend to the Board or Commission that the complaint be dismissed without notifying the judge that a preliminary investigation has been undertaken. (4) Unless directed otherwise by the Board or Commission for good cause, Investigative Counsel shall notify the judge before the conclusion of the preliminary investigation (A) that Investigative Counsel has undertaken a preliminary investigation into whether the judge has a disability or has committed sanctionable conduct; (B) whether the preliminary investigation was undertaken on Investigative Counsel's initiative or on a complaint; (C) if the investigation was undertaken on a complaint, of the name of the person who filed the complaint and the contents of the complaint; (D) of the nature of the disability or sanctionable conduct under investigation; and (E) of the judge's rights under subsection (e)(5) of this Rule. The notice shall be given by first class mail or by certified mail requesting "Restricted Delivery -- show to whom, date, address of delivery" addressed to the judge at the judge's address of record. (5) Except when Investigative Counsel has recommended that the complaint be dismissed without notifying the judge and the Board or Commission has accepted the recommendation, before the conclusion of the preliminary investigation, Investigative Counsel shall afford the judge a reasonable opportunity to present, in person or in writing, such information as the judge chooses. (6) Investigative Counsel shall complete a preliminary investigation within 90 days after the investigation is commenced. Upon application by Investigative Counsel within the 90-day period and for good cause, the Board shall extend the time for completing the preliminary investigation for an additional 30-day period. For failure to comply with the time requirements of this section, the Commission may dismiss any complaint and terminate the investigation. (f) Recommendation by Investigative Counsel. Upon completion of a preliminary investigation, Investigative Counsel shall report to the Board the results of the investigation in the form that the Commission requires. The report shall include one of the following recommendations: (1) dismissal of any complaint and termination of the investigation, with or without a warning, (2) entering into a private reprimand or a deferred discipline agreement, (3) authorization of a further investigation, or (4) the filing of charges. (g) Monitoring and review by board. The Board shall monitor investigations by, and review the

reports and recommendations of, Investigative Counsel. (h) Authorization of further investigation. The Board may authorize a further investigation to be conducted pursuant to Rule 16-806. (i) Informal meeting with judge. The Board may meet informally with the judge for the purpose of discussing an appropriate disposition. (j) Board's report to commission. (1) Contents. Upon receiving Investigative Counsel's final report and recommendation concerning a further investigation or a preliminary investigation if no further investigation was conducted and subject to subsection (j)(2) of this Rule, the Board shall submit to the Commission a report that includes one of the following recommendations: (A) dismissal of any complaint and termination of the investigation with or without a warning; (B) entering into a private reprimand or deferred discipline agreement; or (C) upon a determination of probable cause, the filing of charges, unless the Board determines that there is a basis for private disposition under the standards of Rule 16807. The Board may not recommend a dismissal with a warning, a private reprimand, or a deferred discipline agreement unless the respondent judge has consented to this remedy. (2) Limitation on contents of report. The information transmitted by the Board to the Commission shall be limited to a proffer of evidence that the Board has determined would be likely to be admitted at a plenary hearing. The Chair of the Board may consult with the Chair of the Commission in making the determination as to what information is transmitted to the Commission. (3) Time for submission of report. Unless the time is extended by the Chair of the Commission, the Board shall transmit the report to the Commission within 45 days after the date the Board receives Investigative Counsel's report and recommendation. Upon written request by the Chair of the Board, the Chair of the Commission may grant one 30-day extension of time for transmission of the report. If the Board does not issue its report within the time allowed, the Chair of the Commission and Investigative Counsel shall conform the report and recommendation of Investigative Counsel to the requirements of subsection (j)(2) of this Rule and refer the matter to the Commission, which may proceed, using the report and recommendation of Investigative Counsel. (4) Copy to investigative counsel and judge. Upon receiving the report and recommendation, the Commission promptly shall transmit a copy of it to Investigative Counsel and to the judge. (k) Filing of objections. Investigative Counsel and the judge shall file with the Commission any objections to the report and recommendation within 15 days of the date the Commission transmitted the report and recommendation unless Investigative Counsel, the judge, and the Chair of the Commission agree to an extension of the time for filing an objection. (l) Action by commission. The Commission shall review the report and recommendation and any timely filed objections. Upon written request by the judge, with a copy provided to Investigative Counsel, the Commission may permit the judge to appear before the Commission on terms and

conditions established by the Commission. Unless the Commission authorizes further investigation in accordance with Rule 16-806, disposition by the Commission shall be in accordance with Rule 16-807 or 16-808 (a), as appropriate. HISTORY: (Added May 9, 1995, effective July 1, 1995; amended June 5, 1996, effective Jan. 1, 1997; June 6, 2000, effective Jan. 1, 2001; May 8, 2007, effective July 1, 2007.) MARYLAND RULES TITLE 16. COURTS, JUDGES, AND ATTORNEYS CHAPTER 800. MISCELLANEOUS Md. Rule 16-806 (2012) Rule 16-806. Further investigation (a) Notice to judge. Upon approval of a further investigation by the Board or Commission, Investigative Counsel promptly shall notify the judge (1) that the Board or Commission has authorized the further investigation, (2) of the specific nature of the disability or sanctionable conduct under investigation, and (3) that the judge may file a written response within 30 days of the date on the notice. The notice shall be given (1) by first class mail to the judge's address of record, or (2) if previously authorized by the judge, by first class mail to an attorney designated by the judge. The Board or Commission, for good cause, may defer the giving of notice, but notice must be given not less than 30 days before Investigative Counsel makes a recommendation as to disposition. (b) Subpoenas. (1) Upon application by Investigative Counsel and for good cause, the Chair of the Commission may authorize Investigative Counsel to issue a subpoena to compel the attendance of witnesses and the production of documents or other tangible things at a time and place specified in the subpoena. Promptly after service of the subpoena and in addition to any other notice required by law, Investigative Counsel shall provide to the judge under investigation notice of the service of the subpoena. The notice to the judge shall be sent by first class mail to the judge's address of record or, if previously authorized by the judge, by first class mail to an attorney designated by the judge. (2) The judge or the person served with the subpoena may file a motion for a protective order pursuant to Rule 2-510 (e). The motion shall be filed in the circuit court for the county in which the subpoena was served or, if the judge under investigation is a judge serving on that circuit court, another circuit court designated by the Commission. The court may enter any order permitted by Rule 2-510 (e). Upon a failure to comply with a subpoena issued pursuant to this Rule, the court, on motion of Investigative Counsel, may compel compliance with the subpoena. (3) To the extent practicable, a subpoena shall not divulge the name of the judge under investigation. Files and records of the court pertaining to any motion filed with respect to a subpoena shall be sealed and shall be open to inspection only upon order of the Court of Appeals. Hearings before the circuit court on any motion shall be on the record and shall be conducted out of the presence of all persons except those whose presence is necessary.

Cross references. -- See Code, Courts Article, 13-401 - 403. (c) Completion. Investigative Counsel shall complete a further investigation within 60 days after it is authorized by the Board or Commission. Upon application by Investigative Counsel made within the 60-day period and served by first class mail upon the judge or counsel of record, the Commission, for good cause, may extend the time for completing the further investigation for a specified reasonable time. The Commission may dismiss the complaint and terminate the investigation for failure to comply with the time requirements of this section. (d) Recommendation by Investigative Counsel. Within the time for completing a further investigation, Investigative Counsel shall report the results of the investigation to the Board or the Commission in the form that the Commission requires. The report shall include one of the following recommendations: (1) dismissal of any complaint and termination of the investigation, with or without a warning, (2) entering into a private reprimand or a deferred discipline agreement, or (3) the filing of charges. HISTORY: (Added May 9, 1995, effective July 1, 1995; amended June 5, 1996, effective Jan. 1, 1997; June 6, 2000, effective Jan. 1, 2001; May 8, 2007, effective July 1, 2007.) MARYLAND RULES TITLE 16. COURTS, JUDGES, AND ATTORNEYS CHAPTER 800. MISCELLANEOUS Md. Rule 16-807 (2012) Rule 16-807. Disposition without proceedings on charges (a) Dismissal. (1) Evidence Fails to Show Disability or Sanctionable Conduct. The Commission shall dismiss a complaint if, after an investigation, it concludes that the evidence fails to show that the judge has a disability or has committed sanctionable conduct. The Commission shall notify the judge and each complainant of the dismissal. (2) Sanctionable Conduct Not Likely to be Repeated. If the Commission determines that any sanctionable conduct that may have been committed by the judge will be sufficiently addressed by the issuance of a warning, the Commission may accompany a dismissal with a warning against future sanctionable conduct. The contents of the warning are private and confidential, but the Commission has the option of notifying the complainant of the fact that a warning was given to the judge. At least 30 days before a warning is issued, the Commission shall mail to the judge a notice that states (A) the date on which it intends to issue the warning, (B) the content of the warning, and (C) whether the complainant is to be notified of the warning. Before the intended date of issuance of the warning, the judge may reject the warning by filing a written rejection with the Commission. If the warning is not rejected, the Commission shall issue it on or after the date stated in the initial notice to the judge. If the warning is rejected, it shall not be issued, the proceeding shall resume as

if no warning had been proposed, and the fact that a warning was proposed or rejected may not be admitted into evidence. Committee note. -- A warning by the Commission under this section is not a reprimand and does not constitute discipline. (b) Private reprimand. (1) The Commission may issue a private reprimand to the judge if, after an investigation: (A) the Commission concludes that the judge has committed sanctionable conduct that warrants some form of discipline; (B) the Commission further concludes that the sanctionable conduct was not so serious, offensive, or repeated as to warrant formal proceedings and that a private reprimand is the appropriate disposition under the circumstances; and (C) the judge, in writing on a copy of the reprimand retained by the Commission, (i) waives the right to a hearing before the Commission and subsequent proceedings before the Court of Appeals and the right to challenge the findings that serve as the basis for the private reprimand, and (ii) agrees that the reprimand may be admitted in any subsequent disciplinary proceeding against the judge to the extent that it is relevant to the charges at issue or the sanction to be imposed. (2) Upon the issuance of a private reprimand, the Commission shall notify the complainant of that disposition. (c) Deferred discipline agreement. (1) The Commission and the judge may enter into a deferred discipline agreement if, after an investigation: (A) The Commission concludes that the alleged sanctionable conduct was not so serious, offensive, or repeated as to warrant formal proceedings and that the appropriate disposition is for the judge to undergo specific treatment, participate in one or more specified educational programs, issue an apology to the complainant, or take other specific corrective or remedial action; and (B) The judge, in the agreement, (i) agrees to the specified conditions, (ii) waives the right to a hearing before the Commission and subsequent proceedings before the Court of Appeals, and (iii) agrees that the deferred discipline agreement may be revoked for noncompliance in accordance with the provisions of subsection (c)(2) of this Rule. (2) The Commission shall direct Investigative Counsel to monitor compliance with the conditions of the agreement and may direct the judge to document compliance. Investigative Counsel shall give written notice to the judge of the nature of any alleged failure to comply with a condition of the agreement. If after affording the judge at least 15 days to respond to the notice, the Commission finds that the judge has failed to satisfy a material condition of the agreement, the

Commission may revoke the agreement and proceed with any other disposition authorized by these rules. (3) The Commission shall notify the complainant that the complaint has resulted in an agreement with the judge for corrective or remedial action. Unless the judge consents in writing, the terms of the agreement shall remain confidential and not be disclosed to the complainant or any other person. An agreement under this section does not constitute discipline or a finding that sanctionable conduct was committed. (4) Upon notification by Investigative Counsel that the judge has satisfied all conditions of the agreement, the Commission shall terminate the proceedings. HISTORY: (Added May 5, 1995, effective July 1, 1995; amended June 5, 1996, effective Jan. 1, 1997; June 6, 2000, effective Jan. 1, 2001.) MARYLAND RULES TITLE 16. COURTS, JUDGES, AND ATTORNEYS CHAPTER 800. MISCELLANEOUS Md. Rule 16-808 (2012) Rule 16-808. Proceedings before Commission (a) Charges. After considering the report and recommendation of the Board or Investigative Counsel submitted pursuant to Rule 16-805 (j), and upon a finding by the Commission of probable cause to believe that a judge has a disability or has committed sanctionable conduct, the Commission may direct Investigative Counsel to initiate proceedings against the judge by filing with the Commission charges that the judge has a disability or has committed sanctionable conduct. The charges shall (1) state the nature of the alleged disability or sanctionable conduct, including each Rule of the Maryland Code of Judicial Conduct allegedly violated by the judge, (2) allege the specific facts upon which the charges are based, and (3) state that the judge has the right to file a written response to the charges within 30 days after service of the charges. (b) Service; notice. The charges may be served upon the judge by any means reasonably calculated to give actual notice. A return of service of the charges shall be filed with the Commission pursuant to Rule 2-126. Upon service, the Commission shall notify any complainant that charges have been filed against the judge. Cross references. -- See Md. Const., Article IV, 4B (a). (c) Response. Within 30 days after service of the charges, the judge may file with the Commission an original and 11 copies of a response. (d) Notice of hearing. Upon the filing of a response or upon expiration of the time for filing it, the Commission shall notify the judge of the date, time, and place of a hearing. Unless the judge has agreed to an earlier hearing date, the notice shall be mailed at least 60 days before the date set for the hearing. If the hearing is on a charge of sanctionable conduct, the Commission shall also notify

the complainant and publish a notice in the Maryland Register that is limited to (1) the name of the judge, (2) the date, time, and place of the hearing, and (3) a statement that the charges and any response by the judge are available for inspection at the office of the Commission. Cross references. -- See Rule 16-810 (a)(3). (e) Extension of time. The Commission may extend the time for filing a response and for the commencement of a hearing. (f) Procedural rights of judge. The judge has the right to inspect and copy the Commission Record, to a prompt hearing on the charges, to be represented by an attorney, to the issuance of subpoenas for the attendance of witnesses and for the production of designated documents and other tangible things, to present evidence and argument, and to examine and cross-examine witnesses. (g) Exchange of information. (1) Upon request of the judge at any time after service of charges upon the judge, Investigative Counsel shall promptly (A) allow the judge to inspect the Commission Record and to copy all evidence accumulated during the investigation and all statements as defined in Rule 2-402 (f) and (B) provide to the judge summaries or reports of all oral statements for which contemporaneously recorded substantially verbatim recitals do not exist, and (2) Not later than 30 days before the date set for the hearing, Investigative Counsel and the judge shall each provide to the other a list of the names, addresses, and telephone numbers of the witnesses that each intends to call and copies of the documents that each intends to introduce in evidence at the hearing. (3) Discovery is governed by Title 2, Chapter 400 of these Rules, except that the Chair of the Commission, rather than the court, may limit the scope of discovery, enter protective orders permitted by Rule 2-403, and resolve other discovery issues. (4) When disability of the judge is an issue, on its own initiative or on motion for good cause, the Chair of the Commission may order the judge to submit to a mental or physical examination pursuant to Rule 2-423. (h) Amendments. At any time before the hearing, the Commission on motion may allow amendments to the charges or the response. If an amendment to the charges is made less than 30 days before the hearing, the judge, upon request, shall be given a reasonable time to respond to the amendment and to prepare and present any defense. (i) Hearing. (1) At a hearing on charges, the applicable provisions of Rule 16-806 (b) shall govern subpoenas. (2) At the hearing, Investigative Counsel shall present evidence in support of the charges.

(3) The Commission may proceed with the hearing whether or not the judge has filed a response or appears at the hearing. (4) Except for good cause shown, a motion for recusal of a member of the Commission shall be filed not less than 30 days before the hearing. (5) The hearing shall be conducted in accordance with the rules of evidence in Title 5 of these rules. (6) The proceedings at the hearing shall be stenographically recorded. Except as provided in section (k) of this Rule, the Commission is not required to have a transcript prepared. The judge may, at the judge's expense, have the record of the proceedings transcribed. (7) With the approval of the Chair of the Commission, the judge and Investigative Counsel may each submit proposed findings of fact and conclusions of law within the time period set by the Chair. (j) Commission findings and action. If the Commission finds by clear and convincing evidence that the judge has a disability or has committed sanctionable conduct, it shall either issue a public reprimand for the sanctionable conduct or refer the matter to the Court of Appeals pursuant to section (k) of this Rule. Otherwise, the Commission shall dismiss the charges filed by the Investigative Counsel and terminate the proceeding. (k) Record. If the Commission refers the case to the Court of Appeals, the Commission shall: (1) make written findings of fact and conclusions of law with respect to the issues of fact and law in the proceeding, state its recommendations, and enter those findings and recommendations in the record in the name of the Commission; (2) cause a transcript of all proceedings at the hearing to be prepared and included in the record; (3) make the transcript available for review by the judge and the judge's attorney in connection with the proceedings or, at the judge's request, provide a copy to the judge at the judge's expense; (4) file with the Court of Appeals the entire hearing record which shall be certified by the Chair of the Commission and shall include the transcript of the proceedings, all exhibits and other papers filed or marked for identification in the proceeding, and all dissenting or concurring statements by Commission members; and (5) promptly mail to the judge at the judge's address of record notice of the filing of the record and a copy of the findings, conclusions, and recommendations and all dissenting or concurring statements by Commission members. (l) Discipline by consent. After the filing of charges alleging sanctionable conduct and before a decision by the Commission, the judge and Investigative Counsel may enter into an agreement in which the judge (1) admits to all or part of the charges; (2) as to the charges admitted, admits the

truth of all facts constituting sanctionable conduct as set forth in the agreement, (3) agrees to take any corrective or remedial action provided for in the agreement; (4) consents to the stated sanction; (5) states that the consent is freely and voluntarily given; and (6) waives the right to further proceedings before the Commission and subsequent proceedings before the Court of Appeals. The agreement shall be submitted to the Court of Appeals, which shall either approve or reject the agreement. Until approved by the Court of Appeals, the agreement is confidential and privileged. If the Court approves the agreement and imposes the stated sanction, the agreement shall be made public. If the Court rejects the stated sanction, the proceeding shall resume as if no consent had been given, and all admissions and waivers contained in the agreement are withdrawn and may not be admitted into evidence. HISTORY: (Added May 9, 1995, effective July 1, 1995; amended June 5, 1996, effective Jan. 1, 1997; June 6, 2000, effective Jan. 1, 2001; Nov. 12, 2003, effective Jan. 1, 2004; May 8, 2007, effective July 1, 2007; Dec. 4, 2007, effective Jan. 1, 2008; June 7, 2011, effective July 1, 2011.) MARYLAND RULES TITLE 16. COURTS, JUDGES, AND ATTORNEYS CHAPTER 800. MISCELLANEOUS Md. Rule 16-809 (2012) Rule 16-809. Proceedings in Court of Appeals (a) Expedited consideration. Upon receiving the hearing record file pursuant to Rule 16-808 (k), the Clerk of the Court of Appeals shall docket the case for expedited consideration. (b) Exceptions. The judge may except to the findings, conclusions, or recommendation of the Commission by filing with the Court of Appeals eight copies of exceptions within 30 days after service of the notice of filing of the record. The exceptions shall set forth with particularity all errors allegedly committed by the Commission and the disposition sought. A copy of the exceptions shall be served on the Commission in accordance with Rules 1-321 and 1-323. (c) Response. The Commission shall file eight copies of a response within 15 days after service of the exceptions. The Commission shall be represented in the Court of Appeals by its Executive Secretary or such other counsel as the Commission may appoint. A copy of the response shall be served on the judge in accordance with Rules 1-321 and 1-323. (d) Hearing. If exceptions are filed, upon the filing of a response or the expiration of the time for filing it, the Court shall set a schedule for filing memoranda in support of the exceptions and response and a date for a hearing. The hearing on exceptions shall be conducted in accordance with Rule 8-522. If no exceptions are filed or if the judge files with the Court a written waiver of the judge's right to a hearing, the Court may decide the matter without a hearing. (e) Disposition. The Court of Appeals may (1) impose the sanction recommended by the Commission or any other sanction permitted by law; (2) dismiss the proceeding; or (3) remand for further proceedings as specified in the order of remand.

Cross references. -- For rights and privileges of the judge after disposition, see Md. Const., Article IV, 4B (b). (f) Decision. The decision shall be evidenced by the order of the Court of Appeals, which shall be certified under the seal of the Court by the Clerk and shall be accompanied by an opinion. Unless the case is remanded to the Commission, the record shall be retained by the Clerk of the Court of Appeals. HISTORY: (Added May 9, 1995, effective July 1, 1995; amended June 5, 1996, effective Jan. 1, 1997; June 6, 2000, effective Jan. 1, 2001.) MARYLAND RULES TITLE 16. COURTS, JUDGES, AND ATTORNEYS CHAPTER 800. MISCELLANEOUS Md. Rule 16-810 (2012) Rule 16-810. Public access (a) Generally. Except as otherwise expressly provided by these rules, proceedings and information relating to a complaint or charges shall be open to the public or confidential, as follows: (1) Address of Record. The judge's current home address shall remain confidential at all stages of proceedings under these rules. Any other address of record shall be open to the public if the charges and proceedings are open to the public. (2) Complaints and Investigations. All proceedings under Rules 16-805 and 16-806 shall be confidential. (3) Upon Filing of a Response or Expiration of the Time for Filing a Response. After the filing of a response to charges alleging sanctionable conduct, whether or not joined with charges of disability, or expiration of the time for filing a response, the charges and all subsequent proceedings before the Commission on them shall be open to the public. If the charges allege only that the judge has a disability, the charges and all proceedings before the Commission on them shall be confidential. (4) Work product and deliberations. Investigative counsel's work product and records not admitted into evidence before the Commission, the Commission's deliberations, and records of the Commission's deliberations shall be confidential. (5) Proceedings in the Court of Appeals. Unless otherwise ordered by the Court of Appeals, the record of Commission proceedings filed with that Court and any proceedings before that Court shall be open to the public. (b) Permitted release of information by Commission. (1) Written waiver. The Commission may release confidential information upon a written waiver

by the judge. (2) Explanatory statement. The Commission may issue a brief explanatory statement necessary to correct any public misperception about actual or possible proceedings before the Commission. (3) Nominations; appointments; approvals. (A) Permitted disclosures. Upon a written application made by a judicial nominating commission, a Bar Admission authority, the President of the United States, the Governor of a state, territory, district, or possession of the United States, or a committee of the General Assembly of Maryland or of the United States Senate which asserts that the applicant is considering the nomination, appointment, confirmation, or approval of a judge or former judge, the Commission shall disclose to the applicant: (i) Information about any completed proceedings that did not result in dismissal, including reprimands and deferred discipline agreements; and (ii) The mere fact that a formal complaint is pending. (B) Restrictions. When the Commission furnishes information to an applicant under this section, the Commission shall furnish only one copy of the material and it shall be furnished under seal. As a condition to receiving the material, the applicant shall agree (i) not to copy the material or permit it to be copied; (ii) that when inspection of the material has been completed, the applicant shall seal and return the material to the Commission; and (iii) not to disclose the contents of the material or any information contained in it to anyone other than another member of the applicant. (C) Copy to judge. The Commission shall send the judge a copy of all documents disclosed under this subsection. HISTORY: (Added May 9, 1995, effective July 1, 1995; amended June 5, 1996, effective Jan. 1, 1997; June 6, 2000, effective Jan. 1, 2001.) MARYLAND RULES TITLE 16. COURTS, JUDGES, AND ATTORNEYS CHAPTER 800. MISCELLANEOUS Md. Rule 16-811 (2012) Rule 16-811. Client Protection Fund of the Bar of Maryland a. Name, operation, and purpose. 1. Name. Effective July 1, 2002, the name of the Clients' Security Trust Fund of the Bar of Maryland, promulgated pursuant to Chapter 779, Laws of Maryland (1965), shall be changed to the "Client Protection Fund of the Bar of Maryland" (the "Fund"). 2. Cross references. -- See Code, Business Occupations and Professions Article, 10-310 et seq.

2. Operation. The Fund shall be operated and administered in accordance with this Rule by nine trustees, appointed as hereinafter provided. The trustees shall be known as the "Trustees of the Client Protection Fund of the Bar of Maryland." 3. Purpose. The purpose of the Fund shall be to maintain the integrity and protect the good name of the legal profession by reimbursing, to the extent authorized by this Rule and deemed proper and reasonable by the trustees, losses caused by defalcations of members of the Bar of the State of Maryland or out-of-state attorneys authorized to practice in this State under Rule 15 of the Rules Governing Admission to the Bar, acting either as attorneys or as fiduciaries (except to the extent to which they are bonded). (Amended July 3, 1980; June 22, 1990.) b. Appointment and compensation of trustees and officers. 1. Number. There shall be nine trustees appointed by the Court of Appeals, eight to be members of the Bar of this State, and one who shall not be a member of the Bar. 2. Appointment. One trustee who is a member of the Bar of this State shall be appointed from each of the seven appellate judicial circuits. The eighth trustee who is a member of the Bar and the trustee who is not a member of the Bar shall be appointed at large. Each appointment shall be for a term of seven years. (Amended June 4, 1979, effective July 1, 1979; June 5, 1995, effective July 1, 1995.) 3. Officers. The trustees shall from time to time elect from their membership a chair, a treasurer, and such other officers as they deem necessary or appropriate. 4. Removal. A trustee may be removed by the Court at any time in its discretion. 5. Vacancies. Vacancies shall be filled by appointment by the Court for the unexpired term. 6. Compensation. The trustees shall serve without compensation, but shall be entitled to reimbursement from the Fund, if no other source of funds is available, for their expenses reasonably incurred in performance of their duties as trustees, including transportation costs. c. Powers and duties of trustees. 1. Additional powers and duties. In addition to the powers granted elsewhere in this Rule, the trustees shall have the following powers and duties: (i) To receive, hold, manage, and distribute, pursuant to this Rule, the funds raised hereunder, and any other monies that may be received by the Fund through voluntary contributions or otherwise. (ii) To authorize payment of claims in accordance with this Rule. (iii) To adopt regulations for the administration of the Fund and the procedures for the presentation, consideration, recognition, rejection and payment of claims, and to adopt bylaws for

conducting business. A copy of the regulations shall be filed with the Clerk of the Court of Appeals, who shall mail a copy of them to the clerk of the circuit court for each county and to all Registers of Wills. (iv) To enforce claims for restitution, arising by subrogation or assignment or otherwise. (v) To invest the Fund, or any portion thereof, in such investments as they may deem appropriate, and to cause funds to be deposited in any bank, banking institution or federally insured savings and loan association in this State, provided however, that the trustees shall have no obligation to cause the Fund or any portion thereof to be invested. (vi) To employ and compensate consultants, agents, legal counsel and employees. (vii) To delegate the power to perform routine acts which may be necessary or desirable for the operation of the Fund, including the power to authorize disbursements for routine operating expenses of the Fund, but authorization for payments of claims shall be made only as provided in section h (Claims) of this Rule. (viii) To sue or be sued in the name of the Fund without joining any or all individual trustees. (ix) To comply with the requirements of Rules 16-713 (e), 16-714 (b), 16-724 (a), and 16-753. (x) To designate an employee to perform the duties set forth in Rules 16-724 (a) and 16-753 and notify Bar Counsel of that designation. (xi) To perform all other acts necessary or proper for fulfillment of the purposes of the Fund and its efficient administration. 2. Report and audit -- Filing. At least once each year, and at such additional times as the Court of Appeals may order, the trustees shall file with the Court of Appeals a written report, which shall include the audit made pursuant to subsection 3 of section i (Powers of Court of Appeals -Arrange Audit) of this Rule of the management and operation of the Fund. (Amended June 5, 1995, effective July 1, 1995.) d. Meetings and quorum. 1. Time. Meetings of the trustees shall be held at the call of the chair or a majority of the trustees, and shall be held at least once each year, upon reasonable notice. 2. Number. Five trustees shall constitute a quorum. A majority of the trustees present at a duly constituted meeting may exercise any powers held by the trustees, except to the extent that this Rule provides otherwise. (Amended June 4, 1979, effective July 1, 1979.) e. Payments to fund. 1. Definition. In this section, "local bar association" means (A) in Baltimore City, the Bar

Association of Baltimore City; or (B) in each county, the bar association with the greatest number of members who are residents of the county and who maintain their principal office for the practice of law in that county. 2. Payment required as condition of practice; exception. Except as otherwise provided in this section, each lawyer admitted to practice before the Court of Appeals or issued a certificate of special authorization under Rule 15 of the Rules Governing Admission to the Bar of Maryland, shall, as a condition precedent to the practice of law (as from time to time defined in Code, Business Occupations and Professions Article) in this State, pay annually to the treasurer of the Fund the sum, including all applicable late charges, the Court may fix. The trustees may provide in their regulations reasonable and uniform deadline dates for receipt of payments of assessments or applications for change to inactive/retired status. A lawyer on inactive/retired status may engage in the practice of law without payment to the Fund if (A) the lawyer is on inactive/retired status solely as a result of having been approved for that status by the trustees and not as a result of any action against the attorney pursuant to Title 16, Chapter 700 of these Rules and (B) the lawyer's practice is limited to representing clients without compensation, other than reimbursement of reasonable and necessary expenses, as part of the lawyer's participation in a legal services or pro bono publico program sponsored or supported by a local bar association, the Maryland State Bar Association, Inc., an affiliated bar foundation, or the Maryland Legal Services Corporation. (Amended Dec. 8, 1992; Sept. 11, 1995, effective Jan. 1, 1996.) 3. Change of address. It is the obligation of each lawyer to give written notice to the trustees of every change in the lawyer's resident address, business address, or telephone numbers within 30 days of the change. The trustees shall have the right to rely on the latest information received by them for all billing and other correspondence. (Added Sept. 11, 1995, effective Jan. 1, 1996.) 4. Due date. Payments for any fiscal year shall be due on July 1st of each such year. (Amended June 22, 1990; Dec. 8, 1992; Sept 11, 1995, effective Jan. 1, 1996.) 5. Dishonor. If any check to the Fund in payment of an annual assessment is dishonored, the treasurer of the Fund shall promptly notify the attorney of the dishonor. The attorney shall be responsible for all additional charges assessed by the trustees. (Amended Aug. 30, 1989; Dec. 8, 1992; Sept. 11, 1995, effective Jan. 1, 1996.) f. Enforcement. 1. List by trustees of unpaid assessments. As soon as practical after January 1, but no later than February 15 of each calendar year, the trustees shall prepare, certify, and file with the Court of Appeals a list showing: (i) the name and account number, as it appears on their records, of each lawyer who, to the best of their information, is engaged in the practice of law and without valid reason or justification has failed or refused to pay (a) one or more annual assessments, (b) penalties for late payment, (c) any charge for a dishonored check, or (d) reimbursement of publication charges; and (ii) the amount due from that lawyer to the Fund.

2. Notice of default by trustees. (i) The trustees shall give notice of delinquency promptly to each lawyer on the list by first class mail addressed to the lawyer at the lawyer's last address appearing on the records of the trustees. The notice shall state the amount of the obligation to the Fund, that payment is overdue, and that failure to pay the amount to the Fund within 30 days following the date of the notice will result in the entry of an order by the Court of Appeals prohibiting the lawyer from practicing law in the State. (ii) The mailing by the trustees of the notice of default shall constitute service. 3. Additional discretionary notice. In addition to the mailed notice, the trustees may give any additional notice to the lawyers on the delinquency list as the trustees in their discretion deem desirable. Additional notice may include publication in one or more newspapers selected by the trustees; telephone, facsimile, or other transmission to the named lawyers; dissemination to local bar associations or other professional associations; posting in State court houses; or any other means deemed appropriate by the trustees. Additional notice may be statewide, regional, local, or personal to a named lawyer as the trustees may direct. 4. Certification of default by trustees; order of Temporary Suspension by the Court of Appeals. (i) Promptly after expiration of the deadline date stated in the mailed notice, the trustees shall submit to the Court of Appeals a proposed Temporary Suspension Order stating the names and account numbers of those lawyers whose accounts remain unpaid. The trustees also shall furnish additional information from their records or give further notice as the Court of Appeals may direct. The Court of Appeals, on being satisfied that the trustees have given the required notice to the lawyers remaining in default, shall enter a Temporary Suspension Order prohibiting each of them from practicing law in the State. The trustees shall mail by first class mail a copy of the Temporary Suspension Order to each lawyer named in the order at the lawyer's last address as it appears on the records of the trustees. The mailing of the copy shall constitute service of the order. (ii) A lawyer who has been served with a copy of a Temporary Suspension Order and has not been restored to good standing may not practice law and shall comply with the requirements of Rule 16760 (c). In accordance with the provisions of Title 15, Chapter 200 (Contempt) and any other applicable provision of law or as the Court of Appeals shall direct, an action for contempt of court may be brought against a lawyer who practices law in violation of a Temporary Suspension Order. (iii) Upon written request from any Maryland lawyer, judge, or litigant to confirm whether a Maryland lawyer named in the request has been temporarily suspended and has not been restored to good standing, the trustees shall furnish confirmation promptly by informal means and, if requested, by written confirmation. On receiving confirmation by the trustees that a Maryland lawyer attempting to practice law has been and remains temporarily suspended, a Maryland judge shall not permit the lawyer to practice law in the State until the Court of Appeals enters an order that terminates the Temporary Suspension Order and restores the lawyer to good standing.

5. Payment. Upon payment in cash or by certified or bank official's check to the Fund by a lawyer of all amounts due by the lawyer, including all related costs that the Court of Appeals or the trustees may prescribe from time to time, the trustees shall remove the lawyer's name from their list of delinquent lawyers and, if a Temporary Suspension Order has been entered, request the Court of Appeals to enter an order that terminates the temporary suspension and restores the lawyer to good standing. If requested by a lawyer affected by the action, the trustees shall furnish confirmation promptly. 6. Bad check; interim Temporary Suspension Order. (i) If a check payable to the Fund is dishonored, the treasurer of the Fund shall notify the lawyer immediately by the quickest available means. Within 7 business days following the date of the notice, the lawyer shall pay to the treasurer of the Fund, in cash or by certified or bank official's check, the full amount of the dishonored check plus any additional charge that the trustees in their discretion shall prescribe from time to time. (ii) The treasurer of the Fund promptly (but not more often than once each calendar quarter) shall prepare and submit to the Court of Appeals a proposed interim Temporary Suspension Order stating the name and account number of each lawyer who remains in default of payment for a dishonored check and related charges. The Court of Appeals shall enter an interim Temporary Suspension Order prohibiting the practice of law in the State by each lawyer as to whom it is satisfied that the treasurer has made reasonable and good faith efforts to give notice concerning the dishonored check. The treasurer shall mail by first class mail a copy of the interim Temporary Suspension Order to each lawyer named in the order at the lawyer's last address as it appears on the records of the trustees, and the mailing of the copy shall constitute service of the order. (Amended June 5, 1995, effective July 1, 1995.) 7. Notices to clerks. The Clerk of the Court of Appeals shall send a copy of each Temporary Suspension Order and order that terminates a temporary suspension and restores the lawyer to good standing entered pursuant to this Rule to the Clerk of the Court of Special Appeals, the clerk of each circuit court, the Chief Clerk of the District Court, and the Register of Wills for each county. (Amended Oct. 12, 1970; June 30, 1973, effective July 1, 1973; Nov. 8, 1982, effective Jan. 1, 1983; Dec. 8, 1992; June 7, 1994, effective Oct. 1, 1994.) g. Treasurer's duties. 1. Separate account. The Fund shall be maintained by the treasurer in a separate account. 2. Disbursements. The treasurer shall disburse monies from the Fund only upon the action of the trustees pursuant to this Rule. 3. Bond. The treasurer shall file annually with the trustees a bond for the proper execution of the duties of the office of treasurer of the Fund in an amount established from time to time by the trustees and with such surety as may be approved by the trustees. (Amended Nov. 20, 1984, effective Jan. 1, 1985; Dec. 8, 1992.)

4. Other duties. The treasurer shall comply with the requirements of Rule 16-714 (b). h. Claims. 1. Power of trustees. The trustees are invested with the power to determine whether a claim merits reimbursement from the Fund, and if so, the amount of such reimbursement, the time, place, and manner of its payment, the conditions upon which payment shall be made, and the order in which payments shall be made. The trustees' powers under this section may be exercised only by the affirmative vote of at least five trustees. 2. No rights in Fund. No claimant or other person or organization has any right in the Fund as beneficiary or otherwise. 3. Exercise of discretion -- Factors. In exercising their discretion the trustees may consider, together with such other factors as they deem appropriate, the following: (i) The amounts available and likely to become available to the Fund for payment of claims. (ii) The size and number of claims which are likely to be presented in the future. (iii) The total amount of losses caused by defalcations of any one attorney or associated group of attorneys. (iv) The unreimbursed amounts of claims recognized by the trustees in the past as meriting reimbursement, but for which reimbursement has not been made in the total amount of the loss sustained. (v) The amount of the claimant's loss as compared with the amount of the losses sustained by others who may merit reimbursement from the Fund. (vi) The degree of hardship the claimant has suffered by the loss. (vii) Any negligence of the claimant which may have contributed to the loss. 4. Additional powers of trustees. In addition to other conditions and requirements the trustees may require each claimant, as a condition of payment, to execute such instruments, to take such action, and to enter such agreements as the trustees may desire, including assignments, subrogation agreements, trust agreements and promises to cooperate with the trustees in making and prosecuting claims or charges against any person. 5. Investigation of claims -- Assistance. The trustees may request individual lawyers, bar associations, and other organizations of lawyers to assist the trustees in the investigation of claims. (Amended Sept. 15, 1976; July 3, 1980; Dec. 8, 1992.) i. Powers of Court of Appeals.

1. To change rule. The Court of Appeals may amend, modify, or repeal this Rule at any time without prior notice, and may provide for the dissolution and winding up of the affairs of the Fund. 2. Judicial review. A person aggrieved by a final determination of the trustees may seek judicial review of the determination pursuant to Title 7, Chapter 200 of these Rules. On any judicial review, the decision of the trustees shall be deemed prima facie correct and shall be affirmed unless the decision was arbitrary, capricious, unsupported by substantial evidence on the record considered as a whole, beyond the authority vested in the trustees, made upon unlawful procedure, or unconstitutional or otherwise illegal. Any party, including the Fund, aggrieved by the judgment of the circuit court may appeal the judgment to the Court of Special Appeals. 3. Arrange audit. The trustees shall arrange for auditing of the accounts of the Fund by state or private auditors, and the Court of Appeals may at any time arrange for such an audit to be made. The cost of any such audit shall be paid by the Fund if no other source of funds is available. 4. Administrative Advice. The trustees may apply to the Court of Appeals, in its nonadjudicatory, supervisory capacity, for interpretation of this Rule and for advice as to their powers and as to the proper administration of the Fund. Any final order issued by the Court in response to any such application shall finally bind and determine all rights with respect to the matters covered therein. HISTORY: (Amended Sept. 15, 1976; June 5, 1996, effective Jan. 1, 1997; Dec. 10, 1996, effective Jan. 1, 1997; Nov. 30, 2000, effective Jan. 1, 2001; Nov. 30, 2000, effective July 1, 2001; effective Nov. 6, 2002; May 8, 2007, effective July 1, 2007.) MARYLAND RULES TITLE 16. COURTS, JUDGES, AND ATTORNEYS CHAPTER 800. MISCELLANEOUS Md. Rule 16-812 (2012) Rule 16-812. Maryland Lawyers' Rules of Professional Conduct The Maryland Lawyers' Rules of Professional Conduct, as set forth in Appendix: Maryland Lawyers' Rules of Professional Conduct, are hereby adopted. HISTORY: (Added Oct. 13, 1970; amended Dec. 9, 1976, effective Jan. 1, 1977; Mar. 8, 1978, effective May 1, 1978; Apr. 15, 1986, effective Jan. 1, 1987; June 5, 1996, effective Jan. 1, 1997; Feb. 8, 2005, effective July 1, 2005.) MARYLAND RULES TITLE 16. COURTS, JUDGES, AND ATTORNEYS CHAPTER 800. MISCELLANEOUS Md. Rule 16-812.1 (2012) Rule 16-812.1. Judicial Ethics Committee

(a) Definitions. In this Rule the following definitions apply except as expressly otherwise provided or as necessary implication requires: (1) Committee. "Committee" means the Judicial Ethics Committee. (2) Ethics provision. "Ethics provision" means: (A) a provision of Code, State Government Article, Title 15, Subtitle 5 or 6; (B) as to a judge, also a provision of the Maryland Code of Judicial Conduct; and (C) as to a judicial appointee as defined in Rule 16-814, also a provision of the Maryland Code of Conduct for Judicial Appointees. (3) State Official in Judicial Branch. "State official in the Judicial Branch" means an individual who is in the Judicial Branch and is a State official, as defined in Code, State Government Article, 15-102. (b) Creation. There is a Judicial Ethics Committee. (c) Composition. The Committee consists of 11 members appointed by the Chief Judge of the Court of Appeals. Of the 11 members: (1) one shall be a judge of the Court of Special Appeals; (2) two shall be circuit court judges; (3) two shall be judges of the District Court; (4) one shall be a judge of an orphans' court; (5) one shall be a former judge who is approved for recall for temporary service under Maryland Constitution, Article IV, 3A; (6) one shall be a clerk of a circuit court; (7) one shall be a judicial appointee as defined in Rule 16-814; and (8) two shall not be a judge or other officer or employee of the Judicial Branch of the State government or a lawyer. (d) Term. (1) The term of a member is three years and begins on July 1, except that the former judge appointed pursuant to subsection (c)(5) of this Rule shall not have a term and shall serve at the pleasure of the Chief Judge of the Court of Appeals.

(2) The terms of the members shall be staggered so that the terms of not more than four members expire each year. (3) At the end of a term, a member continues to serve until a successor is appointed. (4) A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed. (5) A member appointed on or after July 1, 2005, may not serve more than two consecutive threeyear terms. (e) Chair and Vice Chair. The Chief Judge of the Court of Appeals shall designate one judicial member as the Chair of the Committee and one judicial member as the Vice Chair. In the absence or disability of the Chair or upon an express delegation of authority by the Chair, the Vice Chair shall have the authority and perform the duties of the Chair. (f) Meetings. The Committee shall meet at the times and places that the Chair directs. (g) Quorum. The presence of a majority of the members then serving constitutes a quorum for the transaction of all business other than adjournment of a meeting for lack of a quorum. (h) Committee Staff. The Committee shall have staff as the State Court Administrator directs. (i) Duties. In addition to its other duties imposed by law, the Committee: (1) shall give advice, as provided in this Rule, with respect to the application or interpretation of the Maryland Code of Judicial Conduct and the Maryland Code of Conduct for Judicial Appointees; (2) is designated as the body to give advice with respect to the application or interpretation of any provision of Code, State Government Article, Title 15, Subtitles 5 and 6, to a State official in the Judicial Branch; (3) shall review timely appeals from the State Court Administrator's decision not to extend, under Rule 16-815 or 16-816, the period for filing a financial disclosure statement; (4) shall determine, under Rule 16-815 f or Rule 16-816 g, whether to allow a judge or judicial appointee to correct a deficiency as to a financial disclosure statement or to refer the matter, as to a judge, to the Commission on Judicial Disabilities or, as to a judicial appointee, to the State Ethics Commission; and (5) shall submit to the Court of Appeals recommendations for necessary or desirable changes in any ethics provision. (1) Requester. A request for the opinion of the Committee may be made only by:

(A) a State official in the Judicial Branch, as to the proper interpretation of an ethics provision as applied to that State official; or (B) the Chief Judge of the Court of Appeals, as to the proper interpretation of an ethics provision. (2) Form of Request. Each request for an opinion of the Committee shall: (A) be in writing; (B) describe the act or activity about which the opinion is requested; (C) include all documentation or other information necessary for the Committee to perform its function, which may include citation to rules, statutes, and published opinions of the Committee that the requester believes to be relevant to the request; and (D) include an address to which the Committee shall direct correspondence. (3) Opinion. The Committee may render an opinion, in writing, with regard to any request made under this Rule and shall decide whether an opinion is to be published or unpublished. The Chair shall cause to be prepared an edited version of each opinion designated to be published, in which the identity and specific court or geographical location of the requester and the identity of other persons mentioned in the opinion shall not be disclosed and shall have the opinion published in the manner that the State Court Administrator deems proper. (4) Letter of Advice. If the Chair decides that the full Committee cannot provide a timely written opinion or that prior opinions of the Committee render full Committee review unnecessary, a panel of not less than three members appointed by the Chair may issue a written letter of advice, which shall not be published and shall have no precedential effect. (5) Protection from a Charge of Violation. A State official in the Judicial Branch who requests an opinion as to application of an ethics provision and is in compliance with an opinion of, or letter of advice issued for, the Committee is protected from a charge of violation of that ethics provision. Committee note. -- The Judicial Ethics Committee noted that, given the binding effect of opinions, they generally should be issued only to a State official in the Judicial Branch requesting advice as to the official's own conduct. This practice would avoid comment either on hypothetical conduct or conduct incompletely or inaccurately described. However, there may be instances, such as those in which an opinion would affect numerous State officials in the Judicial Branch or the implementation of administrative duties, that make it appropriate to have a mechanism for requesting an interpretation of an ethics provision but not an opinion as to its application. Therefore, language in former Maryland Code of Judicial Conduct (1987), Canon 7 suggesting that persons other than a State official in the Judicial Branch could request an opinion has been omitted, but a provision for the Chief Judge of the Court of Appeals to request guidance on interpretation has been added. The addition is patterned on the practice for requesting an opinion from the Attorney General.

(6) Filing; Confidentiality. The Chair shall file with the State Court Administrator every opinion of, and letter of advice issued for, the Committee. A request and the letter of advice or the opinion, other than the edited version designated to be published, filed in response are confidential and, unless otherwise directed by the Court of Appeals or required by law, are not public information. HISTORY: (Added December 2, 2004, effective July 1, 2005; February 10, 2009, effective July 1, 2009.) MARYLAND RULES TITLE 16. COURTS, JUDGES, AND ATTORNEYS CHAPTER 800. MISCELLANEOUS Md. Rule 16-813 (2012) Rule 16-813. Maryland Code of Judicial Conduct TABLE OF CONTENTS GENERAL PROVISIONS, DEFINITIONS, AND PREAMBLE A. GENERAL PROVISIONS B. DEFINITIONS C. PREAMBLE SECTION 1. RULES GOVERNING JUDICIAL INTEGRITY AND THE AVOIDANCE OF IMPROPRIETY Rule 1.1. COMPLIANCE WITH THE LAW Rule 1.2. PROMOTING CONFIDENCE IN THE JUDICIARY Rule 1.3. AVOIDING LENDING THE PRESTIGE OF JUDICIAL OFFICE SECTION 2. RULES GOVERNING THE PERFORMANCE OF JUDICIAL DUTIES Rule 2.1. GIVING PRECEDENCE TO THE DUTIES OF JUDICIAL OFFICE Rule 2.2. IMPARTIALITY AND FAIRNESS Rule 2.3. BIAS, PREJUDICE, AND HARASSMENT Rule 2.4. EXTERNAL INFLUENCES ON JUDICIAL CONDUCT

Rule 2.5. COMPETENCE, DILIGENCE, AND COOPERATION Rule 2.6. ENSURING THE RIGHT TO BE HEARD Rule 2.7. RESPONSIBILITY TO DECIDE Rule 2.8. DECORUM, DEMEANOR, AND COMMUNICATION WITH JURORS Rule 2.9. EX PARTE COMMUNICATIONS Rule 2.10. JUDICIAL STATEMENTS ON PENDING AND IMPENDING CASES Rule 2.11. DISQUALIFICATION Rule 2.12. SUPERVISORY DUTIES Rule 2.13. ADMINISTRATIVE APPOINTMENTS Rule 2.14. DISABILITY AND IMPAIRMENT Rule 2.15. RESPONDING TO JUDICIAL AND LAWYER MISCONDUCT Rule 2.16. COOPERATION WITH DISCIPLINARY AUTHORITIES SECTION 3. RULES GOVERNING EXTRA-JUDICIAL ACTIVITY Rule 3.1. EXTRAJUDICIAL ACTIVITIES IN GENERAL Rule 3.2. APPEARANCES BEFORE GOVERNMENTAL BODIES AND CONSULTATION WITH GOVERNMENT OFFICIALS Rule 3.3. TESTIFYING AS A CHARACTER WITNESS Rule 3.4. APPOINTMENTS TO GOVERNMENTAL POSITIONS Rule 3.5. USE OF NONPUBLIC INFORMATION Rule 3.6. AFFILIATION WITH DISCRIMINATORY ORGANIZATIONS Rule 3.7. PARTICIPATION IN EDUCATIONAL, RELIGIOUS, CHARITABLE, FRATERNAL, OR CIVIC ORGANIZATIONS AND ACTIVITIES Rule 3.8. APPOINTMENTS TO FIDUCIARY POSITIONS Rule 3.9. SERVICE AS ARBITRATOR OR MEDIATOR

Rule 3.10. PRACTICE OF LAW Rule 3.11. FINANCIAL, BUSINESS OR REMUNERATIVE ACTIVITIES Rule 3.12. COMPENSATION FOR EXTRAJUDICIAL ACTIVITIES Rule 3.13. ACCEPTANCE AND REPORTING OF GIFTS, LOANS, BEQUESTS, BENEFITS, OR OTHER THINGS OF VALUE Rule 3.14. REIMBURSEMENT OF EXPENSES AND WAIVERS OF FEES OR CHARGES Rule 3.15. REPORTING REQUIREMENTS SECTION 4. RULES GOVERNING POLITICAL ACTIVITY Rule 4.1. DEFINITIONS Rule 4.2. POLITICAL CONDUCT OF JUDGE WHO IS NOT A CANDIDATE Rule 4.3. POLITICAL CONDUCT OF APPLICANT Rule 4.4. POLITICAL CONDUCT OF CANDIDATE FOR ELECTION Rule 4.5. POLITICAL CONDUCT OF DISTRICT COURT CANDIDATE FOR RETENTION Rule 4.6. APPLICABILITY AND DISCIPLINE GENERAL PROVISIONS, DEFINITIONS, AND PREAMBLE A. GENERAL PROVISIONS A-101 -- The Maryland Code of Judicial Conduct is divided into five Parts. This introductory Part contains General Provisions, Definitions, and a Preamble. The remaining Parts, titled as Sections 1 through 4, contain both substantive Rules of Judicial Conduct that articulate specific ethical standards and Comments that provide guidance in interpreting those Rules. Those Sections are organized as follows: Section 1. Rules Governing Judicial Integrity and the Avoidance of Impropriety (Rules 1.1 through 1.3) Section 2. Rules Governing the Performance of Judicial Duties (Rules 2.1 through 2.16) Section 3. Rules Governing Non-Judicial Activities (Rules 3.1 through 3.15) Section 4. Rules Governing Political Activity (Rules 4.1 through 4.6)

A-102 -- This Code is based in large part on the 2007 Model Code of Judicial Conduct proposed by the American Bar Association (hereafter referred to as "2007 ABA Code"), although this Code differs from the 2007 ABA Code in a number of respects. Some differences are substantive; others are matters of style or organization. Three differences are worthy of general note: Consolidation of Prefatory Provisions This Code consolidates and reorganizes the Preamble, Scope, Application, and Terminology provisions of the 2007 ABA Code into this introductory Part on General Provisions, Definitions, and Preamble. Although these provisions are not in the form of Rules, they are part of this Code. Elimination of Canons The 2007 ABA Code proposed a new and much different structure and format. The enforceable ethical commands in previous Codes were stated in the form of specific Canons, to which were appended interpretative Comments. The enforceable ethical commands in the 2007 ABA Code are stated in the form of Rules that are supplemented by interpretative Comments and headed by very brief and general statements denominated as Canons. The 2007 ABA Code acknowledges that a judge may be disciplined only for violating a Rule, but it regards the Canons as providing guidance in interpreting the Rules. That, however, is more precisely the function of the Comments under each Rule. The Canons themselves appear to be merely descriptive of the subject matter of the Rules. To avoid any ambiguity over the significance of the Canons and to make clear that attention must be focused on the Rules and the Comments, this Code eliminates the Canons and uses instead a descriptive statement of the Rules in each Section. Political Activity The 2007 ABA Code contains provisions regarding political activity and financial disclosure by judges. This Code reorganizes those provisions and conforms them to the different manners in which judges are selected and retained in Maryland and to requirements enacted by the Maryland General Assembly or adopted by the Court of Appeals. The intent is to make more clear to each judge and candidate for judicial office what is allowed and what is not allowed. A-103 -- A judge may be disciplined only for violating a Rule. If a Rule contains a permissive term, such as "may" or "should" the conduct being addressed is committed to the personal and professional discretion of the judge or candidate in question, and no disciplinary action should be taken for action or inaction within the bounds of that discretion. Source. -- This provision is derived from the Scope section of the 2007 ABA Code. A-104 -- The Comments that accompany the Rules contain explanatory material and, in some instances, provide examples of permitted or prohibited conduct.

Comments neither add to nor subtract from the binding obligations set forth in the Rules. Therefore, when a Comment contains the term "must," it does not mean that the Comment itself is binding or enforceable but merely signifies that the Rule in question, properly understood, is obligatory as to the conduct at issue. The Comments also may identify aspirational goals for judges. To implement fully the principles of this Code, judges should hold themselves to the highest ethical standards and seek to achieve those aspirational goals, thereby enhancing the dignity of the judicial office. Source. -- These provisions are derived from the Scope section of the 2007 ABA Code. A-105 -- The Rules in this Code are rules of reason that should be applied in a manner consistent with Constitutional requirements, statutes, other Court Rules, and decisional law and with due regard for all relevant circumstances. The Rules should not be interpreted to impinge upon the essential independence of judges in making judicial decisions. Source. -- This provision is derived from the Scope section of the 2007 ABA Code. A-106 -- Although the text of the Rules is binding and enforceable, it is not contemplated that every transgression will result in the imposition of discipline. Whether discipline should be imposed should be determined through a reasonable and reasoned application of the Rules and should depend upon factors such as the seriousness of the transgression, the facts and circumstances that existed at the time of the transgression, the extent of any pattern of improper activity, whether there have been previous violations, and the effect of the improper activity upon the judicial system or others. Source. -- This provision is derived from the Scope section of the 2007 ABA Code. A-107 -- This Code is not designed or intended as a basis for civil or criminal liability. It is also not intended to be the basis for litigants to seek collateral remedies against each other or to obtain tactical advantages in proceedings before a court. Source. -- This provision is derived from the Scope section of the 2007 ABA Code. A-108 -- In interpreting this Code, attention should be given to the opinions of the Judicial Ethics Committee and, if appropriate, that Committee should be asked for a written letter of advice or a binding opinion. See Rule 16-812.1 (j)(5), protecting a judge from a charge of violating an ethics provision in this Code if the judge has requested and received an opinion or advice letter from the Committee and is in compliance with that opinion or advice letter. Source. -- This provision is derived from the Preamble to the former Maryland Code of Judicial Conduct. A-109 -- This Code applies to: (1) Incumbent judges of the Court of Appeals, the Court of Special Appeals, the Circuit Courts,

and the District Court; (2) Except as otherwise expressly provided in specific Rules, incumbent judges of the Orphans' Courts; (3) Except as otherwise expressly provided in specific Rules, retired judges who are approved for recall for temporary service pursuant to Maryland Constitution, Art. IV, 3A.; and (4) Candidates and applicants for judicial office as defined in Rule 4.1, to the extent that a Rule expressly applies to such candidates or applicants. See Section 4 and Rule 2.11. Source. -- This provision is new. B. DEFINITIONS B-101 -- Domestic Partner "Domestic partner" means a person with whom another person maintains a household and an intimate relationship, other than a person to whom he or she is legally married. See Rules 2.11, 2.13, 3.13, and 3.14. Source. -- This definition is derived from the Terminology section of the 2007 ABA Code. B-102 -- Fiduciary "Fiduciary" includes relationships such as administrator, attorney-in-fact by power of attorney, personal representative, and trustee. See Rules 2.11, 3.2, and 3.8. Source. -- This definition is derived from the Terminology section of the 2007 ABA Code. B-103 -- Gift (a) Except as provided in paragraph (b), "gift" means the transfer of anything of economic value, regardless of form, without adequate and lawful consideration. (b) "Gift" does not include the solicitation, acceptance, receipt, or regulation of a political contribution that is regulated in accordance with: (1) the Election Law Article of the Maryland Code; or (2) any other Maryland law regulating the conduct of elections or the receipt of political contributions. See Rule 3.13. Source. -- This definition is derived from Code, State Government Article, 15-102 (p). B-104 -- Impartial

"Impartial," "impartiality," and "impartially" mean absence of bias or prejudice in favor of, or against, particular parties or classes of parties, as well as maintenance of an open mind in considering issues that may come before a judge. See Rules 1.2, 2.2, 2.10, 2.11, 2.13, 3.1, 3.12, 3.13, 4.4, and 4.5. Source. -- This definition is derived from the Terminology section of the 2007 ABA Code. B-105 -- Impending Matter "Impending matter" means a matter that is imminent or expected to occur in the near future. See Rules 2.9, 2.10, 3.13, 4.4, and 4.5 Source. -- This definition is derived from the Terminology section of the 2007 ABA Code. B-106 -- Independence "Independence" means a judge's freedom from influence or controls other than those established by law. See Rules 1.2, 3.1, 3.12, 3.13, 4.4, and 4.5. Source. -- This definition is derived from the Terminology section of the 2007 ABA Code. B-107 -- Knowingly "Knowingly," "knowledge," "known," and "knows" mean actual knowledge of the fact in question. A person's knowledge may be inferred from circumstances. See Rules 2.11, 2.13. 2.15, 2.16, 3.6, and 4.4, and 4.5. Source. -- This definition is derived from the Terminology section of the 2007 ABA Code. B-108 -- Member of judge's or candidate's family "Member of a [judge's] [candidate's] family" means a spouse, domestic partner, child, grandchild, parent, grandparent, or other relative or person with whom the judge or candidate maintains a close familial relationship. See Rules 3.7, 3.8, 3.10, and 3.11. Source. -- This definition is derived from the Terminology section of the 2007 ABA Code. B-109 -- Member of judge's or candidate's household "Member of [judge's] [candidate's] household" means: (a) if sharing the judge's or candidate's legal residence, the judge's or candidate's spouse, domestic partner, child, ward, financially dependent parent, or other financially dependent relative; or (b) the judge's or candidate's spouse, child, ward, parent, or other relative, over whose financial

affairs the judge or candidate has legal or actual control. See Rule 3.13. Source. -- This definition is derived from Maryland Code, State Government Article, 15-102 (z). B-110 -- Pending matter "Pending matter" means a matter that has commenced. A matter continues to be pending through any appellate process until final disposition. See Rules 2.9, 2.10, 3.13, and 4.4, and 4.5. Source. -- This definition is derived from the Terminology section of the 2007 ABA Code. B-111 -- Significant financial interest (a) "Significant financial interest" means ownership of: (1) an interest as the result of which the owner has received within the past three years, is currently receiving, or in the future is entitled to receive, more than $ 1,000 per year; (2) more than 3% of a business entity; or (3) a security of any kind that represents, or is convertible into, more than 3% of a business entity. (b) In applying this definition: (1) ownership of an interest in a mutual or common investment fund that holds a security is not ownership of the security unless: (i) the judge participates in the management of the fund; or (ii) there is before the judge a pending matter or an impending matter that could substantially affect the value of the interest; (2) ownership of a government security is not a significant financial interest in the issuer unless there is before the judge a pending matter or an impending matter that could substantially affect the value of the security; (3) neither a deposit in a financial institution nor a proprietary interest such as or similar to that of a depositor in a mutual savings association, member of a credit union, or policy holder in a mutual insurance company is a significant financial interest in the entity unless there is before the judge a pending matter or an impending matter that could substantially affect the value of the deposit or interest; and (4) an ownership interest in a security held by a charitable, civic, educational, fraternal, sororal, or religious organization will not be imputed to a judge merely because the judge or the judge's child, parent, or spouse is an adviser to or director or officer of, or otherwise actively participates in, the organization.

Source. -- This definition is derived from the former Maryland Code of Judicial Conduct. B-112 -- Third Degree of Relationship "Third degree of relationship" includes the following persons: great-grandparent, grandparent, parent, uncle, aunt, brother, sister, child, grandchild, great-grandchild, nephew, and niece. See Rules 2.11 and 2.13. Source. -- This definition is derived from the Terminology section of the 2007 ABA Code. C. PREAMBLE C-101 -- An independent, fair, competent, and impartial judiciary composed of men and women of integrity who will interpret and apply the law that governs our society is indispensable to our system of justice. Thus, the judiciary plays a central role in preserving the principles of justice and the rule of law. Inherent in all the Rules contained in this Code are the precepts that judges, individually and collectively, must respect and honor the judicial office as a public trust and strive to maintain and enhance confidence in the legal system. C-102 -- Judges should maintain the dignity of judicial office at all times, and avoid both impropriety and the appearance of impropriety in their professional and personal lives. They should aspire at all times to conduct that ensures the greatest possible public confidence in their independence, impartiality, integrity, and competence. C-103 -- This Code of Judicial Conduct establishes standards for the ethical conduct of judges and judicial candidates. It is not intended as an exhaustive guide for the conduct of judges and judicial candidates, who are governed in their judicial and personal conduct by general ethical standards as well as by this Code. This Code is intended, however, to provide guidance and assist judges in maintaining the highest standards of judicial and personal conduct, and to provide a basis for regulating their conduct through disciplinary agencies. Source. -- This Preamble is derived from the Preamble section of the 2007 ABA Code. SECTION 1. RULES GOVERNING JUDICIAL INTEGRITY AND THE AVOIDANCE OF IMPROPRIETY Rule 1.1. COMPLIANCE WITH THE LAW A judge shall comply with the law, including this Code of Judicial Conduct. Source. -- This Rule is derived from Rule 1.1 of the 2007 ABA Code. Rule 1.2. PROMOTING CONFIDENCE IN THE JUDICIARY

(a) A judge shall act at all times in a manner that promotes public confidence in the independence, integrity, and impartiality of the judiciary. (b) A judge shall avoid conduct that would create in reasonable minds a perception of impropriety. [1] Public confidence in the judiciary is eroded by improper conduct and conduct that creates the appearance of impropriety. This principle applies to both the professional and personal conduct of a judge. [2] A judge should expect to be the subject of public scrutiny that might be viewed as burdensome if applied to other persons, and must accept the restrictions imposed by this Code. [3] Conduct that compromises or appears to compromise the independence, integrity, and impartiality of a judge undermines public confidence in the judiciary. Because it is not practicable to list all such conduct, the Rule is necessarily cast in general terms. [4] Judges should participate in activities that promote ethical conduct among judges and lawyers, support professionalism within the judiciary and the legal profession, and promote access to justice for all. [5] Actual improprieties include violations of law, court rules, and this Code. The test for appearance of impropriety is whether the conduct would create in reasonable minds a perception that the judge's ability to carry out judicial responsibilities with competence, impartiality, and integrity is impaired. [6] A judge should initiate and participate in community outreach activities for the purpose of promoting public understanding of and confidence in the administration of justice. In conducting such activities, the judge must act in a manner consistent with this Code. Source. -- This Rule is derived from Rule 1.2 of the 2007 ABA Code. Comments [1], [2], [3], [4], and [6] are derived from the ABA Comments to that Rule. Comment [5] is derived in part from ABA Comment [5] to that Rule and is in part new. Rule 1.3. AVOIDING LENDING THE PRESTIGE OF JUDICIAL OFFICE A judge shall not lend the prestige of judicial office to advance the personal or economic interests of the judge or others, or allow others to do so. [1] It is improper for a judge to use or attempt to use his or her position to gain personal advantage or deferential treatment of any kind. For example, it would be improper for a judge to allude to his or her judicial status to gain favorable treatment in encounters with traffic officials. Similarly, a judge must not use a judicial letterhead to gain an advantage in conducting his or her personal business. [2] A judge may provide a reference or recommendation for an individual based upon the judge's personal knowledge. The judge may use an official letterhead if the judge indicates that the

reference is personal and if there is no likelihood that the use of the letterhead would reasonably be perceived as an attempt to exert pressure by reason of the judicial office. [3] Judges may participate in the process of judicial selection by cooperating with appointing authorities and screening committees and by responding to inquiries from such entities concerning the professional qualifications of a person being considered for judicial office. Cross references. -- See Rule 4.3. [4] Special considerations arise when judges write or contribute to publications of for-profit entities, whether related or unrelated to the law. A judge should not permit anyone associated with the publication of such materials to exploit the judge's office in a manner that violates this Rule or other applicable law. In contracts for publication of a judge's writing, the judge should retain sufficient control over the advertising to avoid such exploitation. Source. -- This Rule is derived from Rule 1.3 of the 2007 ABA Code. The Comments are derived from the ABA Comments to that Rule. SECTION 2. RULES GOVERNING THE PERFORMANCE OF JUDICIAL DUTIES Rule 2.1. GIVING PRECEDENCE TO THE DUTIES OF JUDICIAL OFFICE The duties of judicial office, as prescribed by law, shall take precedence over a judge's personal and extrajudicial activities. [1] To ensure that judges are available to fulfill their judicial duties, judges must conduct their personal and extrajudicial activities to minimize the risk of conflicts that would result in frequent disqualification. [2] Although it is not a duty of judicial office unless prescribed by law, judges are encouraged to participate in activities that promote public understanding of and confidence in the justice system. [3] With respect to time devoted to personal and extrajudicial activities, this Rule must be construed in a reasonable manner. Family obligations, illnesses, emergencies, and permissible extrajudicial activities may require a judge's immediate attention. Attending to those obligations and situations, temporary in nature, is not prohibited by this Rule and should be dealt with in accordance with applicable vacation, sick leave, and administrative leave policies. Source. -- This Rule is derived from Rule 2.1 of the 2007 ABA Code, except that the words "all of" in that Code have been deleted. Comments [1] and [2] are derived from the ABA Comments to that Rule. Comment [3] is new.

Rule 2.2. IMPARTIALITY AND FAIRNESS A judge shall uphold and apply the law and shall perform all duties of judicial office impartially and fairly. [1] To ensure impartiality and fairness to all parties, a judge must be objective and open-minded. [2] Although each judge comes to the bench with a unique background and personal philosophy, a judge must interpret and apply the law without regard to whether the judge approves or disapproves of the law in question. [3] When applying and interpreting the law, a judge sometimes may make good-faith errors of fact or law. Errors of this kind do not violate this Rule. [4] It is not a violation of this Rule for a judge to make reasonable accommodations to ensure selfrepresented litigants the opportunity to have their matters fairly heard. Cross references. -- See Rule 2.6 Comment [2]. Source. -- This Rule is derived from Rule 2.2 of the 2007 ABA Code. The Comments are derived from the ABA Comments to that Rule. Rule 2.3. BIAS, PREJUDICE, AND HARASSMENT (a) A judge shall perform the duties of judicial office, including administrative duties, without bias or prejudice. (b) A judge shall not, in the performance of judicial duties, by words or conduct, manifest bias, prejudice, or harassment based upon race, sex, gender, religion, national origin, ethnicity, disability, age, sexual orientation, marital status, socioeconomic status, or political affiliation. A judge shall require lawyers in proceedings before the court, court staff, court officials, and others subject to the judge's direction and control to refrain from similar conduct. (c) The restrictions of paragraph (b) do not preclude judges or lawyers from making legitimate references to the listed factors, or similar factors, when they are relevant to an issue in a proceeding. [1] A judge who manifests bias or prejudice in a proceeding impairs the fairness of the proceeding and brings the judiciary into disrepute. [2] A judge must avoid conduct that may reasonably be perceived as prejudiced or biased. Examples of manifestations of bias or prejudice include epithets; slurs; demeaning nicknames; negative stereotyping; attempted humor based upon stereotypes; threatening, intimidating, or hostile acts; suggestions of connections between race, ethnicity, or nationality and crime; and irrelevant references to personal characteristics. Even facial expressions and body language can convey to parties and lawyers in the proceeding, jurors, the media, and others an appearance of

bias or prejudice. [3] Harassment, as referred to in paragraph (b), is verbal or physical conduct that denigrates or shows hostility or aversion toward a person on bases such as race, sex, gender, religion, national origin, ethnicity, disability, age, sexual orientation, marital status, socioeconomic status, or political affiliation. [4] Sexual harassment includes sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature that is unwelcome. Source. -- This Rule is derived from Rule 2.3 of the 2007 ABA Code with certain style changes. The Comments are derived from the ABA Comments to that Rule with certain style changes. Rule 2.4. EXTERNAL INFLUENCES ON JUDICIAL CONDUCT (a) A judge shall not be swayed by public clamor or fear of criticism. (b) A judge shall not permit family, social, political, financial, or other interests or relationships to influence the judge's judicial conduct or judgment. (c) A judge shall not convey or permit others to convey the impression that any person or organization is in a position to influence the judge. [1] An independent judiciary requires that judges decide cases according to the law and facts, without regard to whether particular laws or litigants are popular or unpopular with the public, the media, government officials, or the judge's friends or family. Confidence in the judiciary is eroded if judicial decision-making is perceived to be subject to inappropriate outside influences. Source. -- This Rule is derived from Rule 2.4 of the 2007 ABA Code. The Comments are derived from the ABA Comments to that Rule. Rule 2.5. COMPETENCE, DILIGENCE, AND COOPERATION (a) A judge shall perform judicial and administrative duties competently, diligently, promptly, and without favoritism or nepotism. (b) A judge shall cooperate with other judges and court officials in the administration of court business. (c) A judge shall not wilfully fail to comply with administrative rules or reasonable directives of a judge with supervisory authority. [1] Competence in the performance of judicial duties requires the legal knowledge, skill, thoroughness, and preparation reasonably necessary to perform a judge's responsibilities of judicial office.

[2] A judge should seek the necessary docket time, court staff, expertise, and resources to discharge all adjudicative and administrative responsibilities. [3] Prompt disposition of the court's business requires a judge to devote adequate time to judicial duties, to be punctual in attending court and expeditious in determining matters under submission, and to take reasonable measures to ensure that court officials, litigants, and their lawyers cooperate with the judge to that end. [4] In disposing of matters promptly and efficiently, a judge must demonstrate due regard for the rights of parties to be heard and to have issues resolved without unnecessary cost or delay. A judge should monitor and supervise cases in ways that reduce or eliminate dilatory practices, avoidable delays, and unnecessary costs. Source. -- Paragraphs (a) and (b) of this Rule are derived from Rule 2.5 of the 2007 ABA Code. Paragraph (c) is new. The Comments are derived from the ABA Comments to that Rule. Rule 2.6. ENSURING THE RIGHT TO BE HEARD (a) A judge shall accord to every person who has a legal interest in a proceeding, or that person's lawyer, the right to be heard according to law. (b) A judge may encourage parties to a proceeding and their lawyers to settle matters in dispute but shall not act in a manner that coerces any party into settlement. [1] The right to be heard is an essential component of a fair and impartial system of justice. Substantive rights of litigants can be protected only if procedures protecting the right to be heard are observed. [2] Increasingly, judges have before them self-represented litigants whose lack of knowledge about the law and about judicial procedures and requirements may inhibit their ability to be heard effectively. A judge's obligation under Rule 2.2 to remain fair and impartial does not preclude the judge from making reasonable accommodations to protect a self-represented litigant's right to be heard, so long as those accommodations do not give the self-represented litigant an unfair advantage. This Rule does not require a judge to make any particular accommodation. [3] Settlement conferences and referrals to alternative dispute resolution may play an important role in the administration of justice. The judge plays an important role in overseeing the settlement of disputes, but should be careful that efforts to further settlement do not undermine any party's right to be heard according to law. Among the factors that a judge should consider when deciding upon an appropriate settlement practice for a case are (a) whether the parties have requested or voluntarily consented to a certain level of participation by the judge in settlement discussions, (b) whether the parties and their counsel are relatively sophisticated in legal matters, (c) whether the case will be tried by the judge or a jury, (d) whether the parties participate with their counsel in settlement discussions, (e) whether any parties are self-represented, and (f) the nature of the proceeding.

[4] Judges must be mindful of the effect settlement discussions can have, not only on their objectivity and impartiality, but also on the appearance of their objectivity and impartiality. A judge should keep in mind the effect that the judge's participation in settlement discussions may have on both the judge's own views of the case and the perceptions of the lawyers and the parties if the case remains with the judge after settlement efforts are unsuccessful. Despite a judge's best efforts, there may be instances when information obtained during settlement discussions could influence a judge's decision making during trial, and, in such instances, the judge should consider whether disqualification may be appropriate. See Rule 2.11 (a) (1). Source. -- This Rule is derived from Rule 2.6 of the 2007 ABA Code. Comments [1], [3], and [4] are derived from the ABA Comments to that Rule, with some modifications. Comment [2] is new. Rule 2.7. RESPONSIBILITY TO DECIDE A judge shall hear and decide matters assigned to the judge unless recusal is appropriate. [1] Although there are times when disqualification is necessary or appropriate to protect the rights of litigants and preserve public confidence in the independence, integrity, and impartiality of the judiciary, judges must be available to decide matters that come before the courts. The dignity of the court, the judge's respect for fulfillment of judicial duties, and a proper concern for the burdens that may be imposed upon the judge's colleagues require that a judge not use disqualification to avoid cases that present difficult, controversial, or unpopular issues. Source. -- This Rule is derived from Rule 2.7 of the 2007 ABA Code, but substitutes the test of whether "recusal is appropriate" for whether disqualification "is required by Rule 2.11 or other law." The Comment is derived from the ABA Comment to Rule 2.7 but adds "or appropriate" in the first sentence. Rule 2.8. DECORUM, DEMEANOR, AND COMMUNICATION WITH JURORS (a) A judge shall require order and decorum in proceedings before the court. (b) A judge shall be patient, dignified, and courteous to litigants, jurors, witnesses, lawyers, court staff, court officials, and others with whom the judge deals in an official capacity, and shall require similar conduct of lawyers, court staff, court officials, and others subject to the judge's direction and control. (c) A judge shall not commend or criticize jurors for their verdict other than in a court order or opinion in a proceeding. [1] The duty to hear all proceedings with patience and courtesy is not inconsistent with the duty imposed in Rule 2.5 to dispose promptly of the business of the court. Judges can be efficient and businesslike while being patient and deliberate. [2] Commending or criticizing jurors for their verdict may imply a judicial expectation in future cases and may impair a juror's ability to be fair and impartial in a subsequent case.

[3] A judge who is not otherwise prohibited by law from doing so may meet with jurors who choose to remain after trial but should be careful not to discuss the merits of the case. Source. -- This Rule is derived from Rule 2.8 of the 2007 ABA Code. The Comments are derived from the ABA Comments to that Rule. Rule 2.9. EX PARTE COMMUNICATIONS (a) A judge shall not initiate, permit, or consider ex parte communications, or consider other communications made to the judge out of the presence of the parties or their lawyers, concerning a pending or impending matter, except as follows: (1) A judge may initiate, permit, or consider any ex parte communication when expressly authorized by law to do so. (2) When circumstances require it, ex parte communication for scheduling, administrative, or emergency purposes, which does not address substantive matters, is permitted, provided: (A) the judge reasonably believes that no party will gain a procedural, substantive, or tactical advantage as a result of the ex parte communication; and (B) the judge makes provision promptly to notify all other parties of the substance of the ex parte communication, and gives the parties an opportunity to respond. (3) A judge may obtain the advice of a disinterested expert on the law applicable to a proceeding if the judge (A) makes provision promptly to notify all of the parties as to the expert consulted and the substance of the advice, and (B) affords the parties a reasonable opportunity to respond. (4) A judge may consult with court staff and court officials whose functions are to aid the judge in carrying out the judge's adjudicative responsibilities, or with other judges, provided the judge does not decide a case based on adjudicative facts that are not made part of the record, and does not abrogate the responsibility personally to decide the matter. Cross references. -- See Comment [1] to Rule 3.9, permitting a judge to engage in settlement conferences. (5) A judge may, with the consent of the parties, confer separately with the parties and their lawyers as part of a settlement conference conducted pursuant to Rules 17-102 (h) and 17-105 (b). (6) When serving in a problem-solving court program of a Circuit Court or the District Court pursuant to Rule 16-206, a judge may initiate, permit, and consider ex parte communications in conformance with the established protocols for the operation of the program if the parties have expressly consented to those protocols. (b) If a judge inadvertently receives an unauthorized ex parte communication bearing upon the

substance of a matter, the judge shall make provision promptly to notify the parties of the substance of the communication and provide the parties with an opportunity to respond. (c) A judge shall not investigate adjudicative facts in a matter independently, and shall consider only the evidence in the record and any facts that may properly be judicially noticed. (d) A judge shall make reasonable efforts, including providing appropriate supervision, to ensure that this Rule is not violated by court staff, court officials, and others subject to the judge's direction and control. [1] To the extent reasonably possible, all parties or their lawyers shall be included in communications with a judge. [2] Whenever the presence of a party or notice to a party is required by this Rule, it is the party's lawyer, or if the party is self-represented, the party, who is to be present or to whom notice is to be given. [3] The proscription against communications concerning a proceeding includes communications with lawyers, law teachers, and other persons who are not participants in the proceeding, except to the limited extent permitted by this Rule. [4] A judge may consult with other judges on pending matters, including a retired judge approved for recall, but must avoid ex parte discussions of a case with judges who have previously been disqualified from hearing the matter, and with judges who have appellate jurisdiction over the matter. [5] The prohibition against a judge investigating adjudicative facts in a matter extends to information available in all mediums, including electronic. [6] A judge may consult ethics advisory committees, outside counsel, or legal experts concerning the judge's compliance with this Code. Such consultations are not subject to the restrictions of paragraph (a) (2). Source. -- This Rule is derived in part from Rule 2.9 of the 2007 ABA Code and in part from Canon 3B (6) (e) of the former Maryland Code of Judicial Conduct, except paragraph (a) (6) is new. Comments [1], [2], [3], [4], [5], and [6] are derived from the ABA Comments to that Rule. Rule 2.10. JUDICIAL STATEMENTS ON PENDING AND IMPENDING CASES (a) A judge shall abstain from public comment that relates to a proceeding pending or impending in any court and that might reasonably be expected to affect the outcome or impair the fairness of that proceeding and shall require similar abstention on the part of court personnel subject to the judge's direction and control. This Rule does not prohibit a judge from making public statements in the course of official duties or from explaining for public information the procedures of the court. (b) With respect to a case, controversy, or issue that is likely to come before the court, a judge

shall not make a commitment, pledge, or promise that is inconsistent with the impartial performance of the adjudicative duties of the office. (c) Notwithstanding the restrictions in paragraphs (a) and (b), a judge may make public statements in the course of official duties, may explain court procedures, and may comment on any proceeding in which the judge is a litigant in a non-judicial capacity. [1] This Rule's restrictions on judicial speech are essential to the maintenance of the independence, integrity, and impartiality of the judiciary. [2] This Rule does not prohibit a judge from commenting on proceedings in which the judge is a litigant in a personal capacity. In cases in which the judge is a litigant in an official capacity, such as a writ of mandamus, the judge must not comment publicly. [3] "Court personnel," as used in paragraph (a) of this Rule does not include the lawyers in a proceeding before the judge. The comment of lawyers in this regard is governed by Rule 3.6 of the Maryland Lawyers' Rules of Professional Conduct. Source. -- This Rule is derived principally from Canon 3B (8) and (9) of the former Maryland Code of Judicial Conduct, which is largely consistent with Rule 2.10 of the 2007 ABA Code. Comments [1] and [2] are derived from the ABA Comments to Rule 2.10 of the 2007 ABA Code. Comment [3] is new. Rule 2.11. DISQUALIFICATION (a) A judge shall disqualify himself or herself in any proceeding in which the judge's impartiality might reasonably be questioned, including the following circumstances: (1) The judge has a personal bias or prejudice concerning a party or a party's lawyer, or personal knowledge of facts that are in dispute in the proceeding. (2) The judge knows that the judge, the judge's spouse or domestic partner, or a person within the third degree of relationship to either of them, or the spouse or domestic partner of such a person: (A) is a party to the proceeding, or an officer, director, general partner, managing member, or trustee of a party; (B) is acting as a lawyer in the proceeding; (C) is a person who has more than a de minimis interest that could be substantially affected by the proceeding; or (D) is likely to be a material witness in the proceeding. (3) The judge knows that he or she, individually or as a fiduciary, or any of the following persons has a significant financial interest in the subject matter in controversy or in a party to the

proceeding: (A) the judge's spouse or domestic partner; (B) a person within the third degree of relationship to the judge; or (C) any other member of the judge's family residing in the judge's household. (4) The judge, while a judge or a judicial candidate, has made a public statement, other than in a court proceeding, judicial decision, or opinion, that commits or appears to commit the judge to reach a particular result or rule in a particular way in the proceeding or controversy. (5) The judge: (A) served as a lawyer in the matter in controversy, or was associated with a lawyer who participated substantially as a lawyer in the matter during such association; (B) served in governmental employment, and in such capacity participated personally and substantially as a lawyer or public official concerning the proceeding, or has publicly expressed in such capacity an opinion concerning the merits of the particular matter in controversy; (C) previously presided as a judge over the matter in another court; or (D) is a retired judge who is subject to recusal under Rule 3.9. (b) A judge shall keep informed about the judge's personal and fiduciary economic interests and make a reasonable effort to keep informed about the personal economic interests of the judge's spouse and minor children residing in the judge's household. (c) A judge subject to disqualification under this Rule, other than for bias or prejudice under paragraph (a) (1), may disclose on the record the basis of the judge's disqualification and may ask the parties and their lawyers to consider, outside the presence of the judge and court personnel, whether to waive disqualification. If, following the disclosure, the parties and lawyers agree, without participation by the judge or court personnel, that the judge should not be disqualified, the judge may participate in the proceeding. The agreement shall be incorporated into the record of the proceeding. [1] Under this Rule, a judge is disqualified whenever the judge's impartiality might reasonably be questioned, regardless of whether any of the specific provisions of paragraphs (a) (1) through (5) apply. In this Rule, "disqualification" has the same meaning as "recusal." [2] A judge's obligation not to hear or decide matters in which disqualification is required applies regardless of whether a motion to disqualify is filed. [3] By decisional law, the rule of necessity may override the rule of recusal. For example, a judge might be required to participate in judicial review of a judicial salary statute or might be the only

judge available in a matter requiring immediate judicial action, such as a hearing on probable cause or a temporary restraining order. When the rule of necessity does override the rule of recusal, the judge must disclose on the record the basis for possible disqualification and, if practicable, use reasonable efforts to transfer the matter to another judge. [4] A judge should disclose on the record information that the judge believes the parties or their lawyers might reasonably consider relevant to a possible motion for disqualification, even if the judge believes there is no basis for disqualification. [5] This procedure gives the parties an opportunity to waive the recusal if the judge agrees. The judge may comment on possible waiver but must ensure that consideration of the question of waiver is made independently of the judge. A party may act through counsel if counsel represents on the record that the party has been consulted and consents. As a practical matter, a judge may request that all parties and their lawyers sign a waiver agreement. Source. -- This Rule is derived in part from Rule 2.11 of the 2007 ABA Code and in part from Canon 3D of the former Maryland Code of Judicial Conduct. Comments [1], [2], and [3] are derived from the ABA Comments to Rule 2.11 of the 2007 ABA Code, with some modifications. Comments [4] and [5] are new. ABA Rule 2.11 (a) (4) and ABA Comment [6] are not included. Rule 2.12. SUPERVISORY DUTIES (a) A judge shall require court staff, court officials, and others subject to the judge's direction and control to act in a manner consistent with the judge's obligations under this Code. (b) A judge with supervisory authority for the performance of other judges shall take reasonable measures to ensure that those judges properly discharge their judicial responsibilities, including the prompt disposition of matters before them. [1] A judge is responsible for his or her own conduct and for the conduct of others, such as staff, when those persons are acting at the judge's direction or control. A judge may not direct court personnel to engage in conduct on the judge's behalf or as the judge's representative when such conduct would violate this Code if undertaken by the judge. [2] Public confidence in the judicial system depends upon timely justice. To promote the efficient administration of justice, a judge with supervisory authority must take the steps needed to ensure that judges under his or her supervision administer their workloads promptly. Source. -- This Rule is derived from Rule 2.12 of the 2007 ABA Code. The Comments are derived from the ABA Comments to that Rule. Rule 2.13. ADMINISTRATIVE APPOINTMENTS (a) In making administrative appointments, a judge: (1) shall exercise the power of appointment impartially and on the basis of merit; and

(2) shall avoid nepotism, favoritism, and unnecessary appointments. (b) A judge shall not approve compensation of appointees beyond the fair value of services rendered. [1] Appointees of a judge include assigned counsel, officials such as commissioners, special masters, receivers, and guardians, and personnel such as clerks, secretaries, and bailiffs. Consent by the parties to an appointment or an award of compensation does not relieve the judge of the obligation prescribed by paragraph (a). [2] Unless otherwise defined by law, nepotism is the appointment or hiring of any relative within the third degree of relationship to either the judge or the judge's spouse or domestic partner, or the spouse or domestic partner of such relative. Source. -- This Rule is derived generally from Rule 2.13 of the 2007 ABA Code, although paragraph (b) of that Rule is not included. Comments [1] and [2] are derived from the ABA Comments to that Rule, although ABA Comment [3] is not included. Rule 2.14. DISABILITY AND IMPAIRMENT OF OTHERS A judge having a reasonable belief that the performance of a lawyer or another judge is impaired by drugs or alcohol or by a mental, emotional, or physical condition, shall take appropriate action, which may include a confidential referral to a lawyer or judicial assistance program. [1] "Appropriate action" means action intended and reasonably likely to help the judge or lawyer in question to address the problem and prevent harm to the justice system. Depending upon the circumstances, appropriate action may include speaking directly to the impaired person, notifying an individual with supervisory responsibility over the impaired person, or making a referral to an assistance program. [2] Taking or initiating corrective action by way of referral to an assistance program may satisfy a judge's responsibility under this Rule. Assistance programs have many approaches for offering help to impaired judges and lawyers, such as intervention, counseling, or referral to appropriate health care professionals. Depending upon the gravity of the conduct that has come to the judge's attention, however, the judge may be required to take other action, such as reporting the impaired judge or lawyer to the appropriate authority, agency, or body. See Rule 2.15. Source. -- This Rule is derived from Rule 2.14 of the 2007 ABA Code. The Comments are derived from the ABA Comments to that Rule. Rule 2.15. RESPONDING TO JUDICIAL AND LAWYER MISCONDUCT (a) A judge shall take or initiate appropriate corrective measures with respect to the unprofessional conduct of another judge or a lawyer.

(b) If other corrective measures are not appropriate or, if attempted, were not successful, a judge shall inform the Commission on Judicial Disabilities of facts known to that judge that raise a substantial question as to another judge's fitness for office. (c) If other corrective measures are not appropriate or, if attempted, were not successful, a judge shall inform the Attorney Grievance Commission of facts known to the judge that raise a substantial question as to a lawyer's honesty, trustworthiness, or fitness as a lawyer in other respects. (d) Acts of a judge required or permitted by paragraphs (a), (b), and (c) of this Rule shall be absolutely privileged. [1] Permitting a judge to take "corrective" measures gives the judge a wide range of options to deal with unprofessional conduct. Appropriate corrective measures may include direct communication with the judge or lawyer who is believed to have committed the violation or other direct action if available. There may be instances of professional misconduct that would warrant a private admonition or referral to a bar association counseling service. Source. -- This Rule is derived from Canon 3F of the former Maryland Code of Judicial Conduct. Rule 2.16. COOPERATION WITH DISCIPLINARY AUTHORITIES (a) A judge shall cooperate and be candid and honest with judicial and lawyer disciplinary agencies. (b) A judge shall not retaliate, directly or indirectly, against a person known or suspected to have assisted or cooperated with an investigation of a judge or a lawyer. [1] Cooperation with investigations and proceedings of judicial and lawyer discipline agencies, as required in paragraph (a) of this Rule, instills confidence in judges' commitment to the integrity of the judicial system and the protection of the public. Source. -- This Rule is derived from Rule 2.16 of the 2007 ABA Code. The Comment is derived from the ABA Comment to that Rule. SECTION 3. RULES GOVERNING EXTRAJUDICIAL ACTIVITY Rule 3.1. EXTRAJUDICIAL ACTIVITIES IN GENERAL A judge may engage in extrajudicial activities, except as prohibited by law or this Code. When engaging in extrajudicial activities, a judge shall not: (a) participate in activities that will interfere with the proper performance of the judge's judicial duties;

(b) participate in activities that will lead to frequent disqualification of the judge; (c) participate in activities that would appear to a reasonable person to undermine the judge's independence, integrity, or impartiality; (d) engage in conduct that would appear to a reasonable person to be coercive; or (e) make inappropriate use of court premises, staff, stationery, equipment, or other resources. [1] To the extent that time permits, and judicial independence and impartiality are not compromised, judges are encouraged to engage in appropriate extrajudicial activities. Judges are uniquely qualified to engage in extrajudicial activities that concern the law, the legal system, and the administration of justice, such as by speaking, writing, teaching, or participating in scholarly research projects. In addition, judges are permitted and encouraged to engage in educational, religious, charitable, fraternal, or civic extrajudicial activities not conducted for profit, even when the activities do not involve the law. See Rule 3.7. [2] Participation in both law-related and other extrajudicial activities helps integrate judges into their communities and furthers public understanding of and respect for courts and the judicial system. [3] Discriminatory actions and expressions of bias or prejudice by a judge, even outside the judge's official or judicial actions, are likely to appear to a reasonable person to call into question the judge's integrity and impartiality. Examples include jokes or other remarks that demean individuals based upon their race, sex, gender, religion, national origin, ethnicity, disability, age, sexual orientation, or socioeconomic status. For the same reason, a judge's extrajudicial activities must not be conducted in connection or affiliation with an organization that practices invidious discrimination. See Rule 3.6. [4] While engaged in permitted extrajudicial activities, judges must not coerce others or take action that would reasonably be perceived as coercive. For example, depending upon the circumstances, a judge's solicitation of contributions or memberships for an organization, even as permitted by Rule 3.7 (a), might create the risk that the person solicited would feel obligated to respond favorably, or would do so to curry favor with the judge. Source. -- This Rule is derived from Rule 3.1 of the 2007 ABA Code. The Comments are derived from the ABA Comments to that Rule. Rule 3.2. APPEARANCES BEFORE GOVERNMENTAL BODIES AND CONSULTATION WITH GOVERNMENT OFFICIALS A judge shall not appear voluntarily at a public hearing before, or otherwise consult with, an executive or a legislative body or official, except: (a) in connection with matters concerning the law, the legal system, or the administration of

justice; (b) in connection with matters about which the judge acquired knowledge or expertise in the course of the judge's judicial duties; or (c) when the judge is acting self-represented in a matter involving the judge's legal or economic interests, or when the judge is acting in a fiduciary capacity. [1] Judges possess special expertise in matters of law, the legal system, and the administration of justice, and may properly share that expertise with governmental bodies and executive or legislative branch officials. [2] In appearing before governmental bodies or consulting with government officials, judges must be mindful that they remain subject to other provisions of this Code, such as Rule 1.3, prohibiting judges from using the prestige of office to advance their own or others' interests, Rule 2.10, governing public comment on pending and impending matters, and Rule 3.1 (c), prohibiting judges from engaging in extrajudicial activities that would appear to a reasonable person to undermine the judge's independence, integrity, or impartiality. [3] In general, it would be an unnecessary and unfair burden to prohibit judges from appearing before governmental bodies or consulting with government officials on matters that are likely to affect them as private persons, such as zoning proposals affecting their real property. In engaging in such activities, however, judges must not refer to their judicial positions, and must otherwise exercise caution to avoid using the prestige of judicial office. Source. -- This Rule is derived from Rule 3.2 of the 2007 ABA Code. The Comments are derived from the ABA Comments to that Rule. Rule 3.3. TESTIFYING AS A CHARACTER WITNESS A judge shall not testify as a character witness in a judicial, administrative, or other adjudicatory proceeding or otherwise vouch for the character of a person in a legal proceeding, except when duly summoned. [1] A judge who, without being subpoenaed, testifies as a character witness abuses the prestige of judicial office to advance the interests of another. See Rule 1.3. Except in unusual circumstances where the demands of justice require, a judge should discourage a party from requiring the judge to testify as a character witness. Source. -- This Rule is derived from Rule 3.3 of the 2007 ABA Code. The Comment is derived from the ABA Comment to that Rule. Rule 3.4. APPOINTMENT TO GOVERNMENTAL POSITIONS A judge shall not accept appointment to a governmental committee, board, commission, or other governmental position, unless it is one that concerns the law, the legal system, or the

administration of justice. [1] Rule 3.4 implicitly acknowledges the value of judges accepting appointments to entities that concern the law, the legal system, or the administration of justice. Even in such instances, however, a judge should assess the appropriateness of accepting an appointment, paying particular attention to the subject matter of the appointment and the availability and allocation of judicial resources, including the judge's time commitments, and giving due regard to the requirements of the independence and impartiality of the judiciary. [2] A judge may not accept a governmental appointment that could interfere with the effectiveness and independence of the judiciary, assume or discharge an executive or legislative power, or hold another "office" under the Constitution or laws of the United States or the State of Maryland. See Maryland Declaration of Rights, Articles 8, 33, and 35. [3] A judge may represent his or her country, State, or locality on ceremonial occasions or in connection with historical, educational, or cultural activities. Such representation does not constitute acceptance of a government position. Committee note. -- Although the Judicial Ethics Committee has concluded that the Supremacy Clause of the U.S. Constitution may allow service in reserve components of the armed forces that otherwise might be precluded under this Code, such as service as a judge advocate or military judge, the Attorney General, rather than the Judicial Ethics Committee, traditionally has rendered opinions with regard to issues of dual or incompatible offices. Source. -- This Rule is derived from Rule 3.4 of the 2007 ABA Code. Comments [1] and [3] are derived from the ABA Comments to that Rule. Comment [2] and the Committee note are derived from the Comment and Committee note to Canon 4C of the former Maryland Code of Judicial Conduct. Rule 3.5. USE OF NONPUBLIC INFORMATION A judge shall not intentionally disclose or use nonpublic information acquired in a judicial capacity for any purpose unrelated to the judge's judicial duties. Nonpublic information means information that is not available to the public. It may include information that is (a) sealed or shielded pursuant to law or court order, (b) impounded, (c) communicated in camera, or (d) offered in grand jury proceedings, pre-sentencing reports, dependency cases, or psychiatric reports. [1] In the course of performing judicial duties, a judge may acquire information of commercial or other value that is unavailable to the public. The judge must not reveal or use such information for personal gain or for any purpose unrelated to his or her judicial duties. [2] This Rule is not intended, however, to affect a judge's ability to act on information as necessary to protect the health or safety of the judge or a member of a judge's family, court personnel, or other judicial officers. Source. -- The first sentence of this Rule is derived from Rule 3.5 of the 2007 ABA Code. The

second sentence is derived from the Terminology section of the 2007 ABA Code. The Comments are derived from the ABA Comments to Rule 3.5 of the 2007 ABA Code, except that Comment [2] is modified to eliminate the words "if consistent with other provisions of this Code." Rule 3.6. AFFILIATION WITH DISCRIMINATORY ORGANIZATIONS (a) A judge shall not hold membership in any organization that practices invidious discrimination on the basis of race, sex, gender, religion, national origin, ethnicity, or sexual orientation. (b) A judge shall not use the benefits or facilities of an organization if the judge knows or should know that the organization practices invidious discrimination on one or more of the bases identified in paragraph (a). A judge's attendance at an event in a facility of an organization that the judge is not permitted to join is not a violation of this Rule when the judge's attendance is an isolated event that could not reasonably be perceived as an endorsement of the organization's practices. [1] A judge's public manifestation of approval of invidious discrimination on any basis gives rise to the appearance of impropriety and diminishes public confidence in the integrity and impartiality of the judiciary. A judge's membership in an organization that practices invidious discrimination creates the perception that the judge's impartiality is impaired. [2] An organization is generally said to discriminate invidiously if it arbitrarily excludes from membership on the basis of race, sex, gender, religion, national origin, ethnicity, or sexual orientation persons who would otherwise be eligible for admission. Whether an organization practices invidious discrimination is a complex question to which judges should be attentive. The answer cannot be determined from a mere examination of an organization's current membership rolls, but rather, depends upon how the organization selects members, as well as other relevant factors, such as whether the organization is dedicated to the preservation of religious, ethnic, or cultural values of legitimate common interest to its members, or whether it is an intimate, purely private organization whose membership limitations could not constitutionally be prohibited. [3] When a judge learns that an organization to which the judge belongs engages in invidious discrimination, the judge must resign immediately from the organization. [4] A judge's membership in a religious organization as a lawful exercise of the freedom of religion is not a violation of this Rule. [5] This Rule does not apply to national or state military service. Source. -- This Rule is derived from Rule 3.6 of the 2007 ABA Code. The Comments are derived from the ABA Comments to that Rule. Rule 3.7. PARTICIPATION IN EDUCATIONAL, RELIGIOUS, CHARITABLE, FRATERNAL, OR CIVIC ORGANIZATIONS AND ACTIVITIES (a) Subject to the requirements of Rules 3.1 and 3.6, a judge may participate in activities sponsored by organizations or governmental entities concerned with the law, the legal system, or

the administration of justice, and those sponsored by or on behalf of educational, religious, charitable, fraternal, or civic organizations not conducted for profit, including the following activities: (1) assisting such an organization or entity in planning related to fund-raising, and participating in the management and investment of the organization's or entity's funds; (2) soliciting contributions for such an organization or entity, but only from members of the judge's family, or from judges over whom the judge does not exercise supervisory or appellate authority; (3) soliciting membership for such an organization or entity, even though the membership dues or fees generated may be used to support the objectives of the organization or entity, but only if the organization or entity is concerned with the law, the legal system, or the administration of justice; (4) appearing or speaking at, receiving an award or other recognition at, being featured on the program of, and permitting his or her title to be used in connection with an event of such an organization or entity, but if the event serves a fund-raising purpose, the judge may participate only if the event concerns the law, the legal system, or the administration of justice; (5) making recommendations to such a public or private fund-granting organization or entity in connection with its programs and activities, but only if the organization or entity is concerned with the law, the legal system, or the administration of justice; and (6) serving as an officer, director, trustee, or nonlegal advisor of such an organization or entity, unless it is likely that the organization or entity: (A) will be engaged in proceedings that would ordinarily come before the judge; or (B) will frequently be engaged in adversary proceedings in the court of which the judge is a member, or in any court subject to the appellate jurisdiction of the court of which the judge is a member. (b) A judge may encourage but not coerce lawyers to provide pro bono publico legal services. [1] The activities permitted by paragraph (a) generally include those sponsored by or undertaken on behalf of public or private not-for-profit educational institutions, and other not-for-profit organizations, including law-related, charitable, and other organizations. [2] Even for law-related organizations, a judge should consider whether the membership and purposes of the organization or the nature of the judge's participation in or association with the organization would conflict with the judge's obligation to refrain from activities that reflect adversely upon a judge's independence, integrity, and impartiality. [3] Mere attendance at an event, whether or not the event serves a fund-raising purpose, does not constitute a violation of paragraph (a) (4). It is also generally permissible for a judge to serve as an

usher or a food server or preparer, or to perform similar functions, at fund-raising events sponsored by educational, religious, charitable, fraternal, or civic organizations. Such activities are not solicitation and do not present an element of coercion or abuse the prestige of judicial office. [4] Identification of a judge's position in educational, religious, charitable, fraternal, or civic organizations on letterhead used for fund-raising or membership solicitation does not violate this Rule. The letterhead may list the judge's title or judicial office if comparable designations are used for other persons. [5] In addition to appointing lawyers to serve as counsel for indigent parties in individual cases, a judge may promote broader access to justice by encouraging lawyers to participate in pro bono publico legal services, if in doing so the judge does not employ coercion, or abuse the prestige of judicial office. Such encouragement may take many forms, including providing lists of available programs, training lawyers to do pro bono publico legal work, and participating in events recognizing lawyers who have done pro bono publico work. Source. -- This Rule is derived from Rule 3.7 of the 2007 ABA Code with some modifications. The Comments are derived from the ABA Comments to that Rule. Rule 3.8. APPOINTMENTS TO FIDUCIARY POSITIONS (a) A judge shall not accept appointment to serve in a fiduciary position, such as executor, administrator, trustee, guardian, attorney in fact, or other personal representative, except for the estate, trust, or person of a member of the judge's family, and then only if such service will not interfere with the proper performance of judicial duties. (b) A judge shall not serve in a fiduciary position if the judge as fiduciary will likely be engaged in proceedings that would ordinarily come before the judge, or if the estate, trust, or ward becomes involved in adversary proceedings in the court on which the judge serves, or one under its appellate jurisdiction. (c) A judge acting in a fiduciary capacity shall be subject to the same restrictions on engaging in financial activities that apply to a judge personally. (d) If a person who is serving in a fiduciary position becomes a judge, he or she must comply with this Rule as soon as reasonably practicable, but in no event later than one year after becoming a judge. (e) Paragraph (a) of this Rule does not apply to retired judges approved for recall under Maryland Constitution, Article IV, 3A. [1] A judge should recognize that other restrictions imposed by this Code may conflict with a judge's obligations as a fiduciary; in such circumstances, a judge should resign as fiduciary. For example, serving as a fiduciary might require frequent disqualification of a judge under Rule 2.11 because a judge is deemed to have an economic interest in shares of stock held by a trust if the amount of stock held is more than de minimis.

Source. -- Paragraphs (a) through (d) of this Rule are derived from Rule 3.8 of the 2007 ABA Code. Paragraph (e) is derived from Canon 6C of the former Maryland Code of Judicial Conduct. The Comment is derived from the ABA Comment to Rule 3.8 of the 2007 ABA Code. Rule 3.9. SERVICE AS ARBITRATOR OR MEDIATOR (a) A judge shall not act as an arbitrator or a mediator or perform other judicial functions apart from the judge's official duties unless expressly authorized by law. (b) A retired judge who is approved for recall for temporary service under Maryland Constitution, Article IV, 3A may conduct alternative dispute resolution (ADR) proceedings in a private capacity only if the judge: (1) conducts no ADR proceedings in a private capacity relating to a case in which the judge currently is presiding; (2) is not affiliated with a law firm, regardless of whether the law firm also offers ADR services; (3) discloses to the parties in each judicial proceeding over which the judge presides: (A) the judge's professional association with any entity that is engaged in offering ADR services; (B) whether the judge is conducting, or has conducted within the previous 12 months, an ADR proceeding involving any party, attorney, or law firm involved in the judicial proceeding pending before the judge; and (C) any negotiations or agreements for future ADR services involving the judge and any of the parties or counsel to the case; and (4) except if there is no disqualification by agreement as permitted by Rule 2.11 (c), does not preside over a judicial proceeding in which the judge's impartiality might reasonably be questioned because of ADR services engaged in or offered by the judge. Committee note. -- A retired judge approved for recall may affiliate with an entity that exclusively is engaged in offering ADR services but may not affiliate with any entity that also is engaged in the practice of law. [1] Except as provided in paragraph (b), this Rule does not prohibit a judge from participating in arbitration, mediation, or settlement conferences performed as part of assigned judicial duties. Rendering dispute resolution services apart from those duties, whether or not for economic gain, is prohibited unless it is expressly authorized by law. Source. -- Paragraph (a) of this Rule is derived from Rule 3.9 of the 2007 ABA Code. Paragraph (b) and the Committee note are derived from Canon 4F (2) of the former Maryland Code of Judicial Conduct and the Committee note thereto. The Comment is derived from the ABA

Comment to Rule 3.9 of the 2007 ABA Code. Rule 3.10. PRACTICE OF LAW (a) In General. Except as expressly allowed by this Rule, a judge shall not practice law. (b) Exceptions. (1) A judge may act self-represented in a matter involving the judge or the judge's interest and, if without compensation, may give legal advice to and draft or review documents for a member of the judge's family. (2) To the extent expressly allowed by law and subject to other applicable provisions of this Code, a part-time judge of an orphans' court who is a lawyer may practice law, provided that: (A) the judge shall not use the judge's judicial office to further the judge's success in the practice of law; and (B) the judge shall not practice or appear as an individual in a matter involving the judge or the judge's interest in the court on which the judge serves, even if another judge is presiding. Cross references. -- See Code, Estates and Trusts Article, 2-109 for restrictions on the practice of law by a part-time judge of an orphans' court. [1] A judge may act self-represented in all legal matters, including matters involving litigation and matters involving appearances before or other dealings with governmental bodies. A judge must not use the prestige of office to advance the judge's personal or family interests. See Rule 1.3. [2] Paragraphs (a) and (b) (1) of this Rule limit the practice of law in a representative capacity but not in a self- represented capacity. A judge may act for himself or herself in all legal matters, including matters involving litigation and matters involving appearances before or other dealings with legislative and other governmental bodies. In so doing, however, a judge must not abuse the prestige of office for any reason, including advancement of an interest of the judge or the judge's family. See Rules 2.4 (b) and 3.2 (c). [3] This Rule allows a judge to give legal advice to, and draft legal documents for, a member of the judge's family. Except for a part-time orphans' court judge allowed to practice law, however, a judge must not receive any compensation from, or act as an advocate or negotiator for, a member of the judge's family in a legal matter. Source. -- This Rule is derived from Canon 4G of the former Maryland Code of Judicial Conduct. Comment [1] is derived from the ABA Comment to Rule 3.10 of the 2007 ABA Code. Comments [2] and [3] are derived from the Comment to Canon 4G of the former Maryland Code of Judicial Conduct. Rule 3.11. FINANCIAL, BUSINESS, OR REMUNERATIVE ACTIVITIES

(a) A judge may hold and manage investments of the judge and members of the judge's family. (b) Except as permitted by Rule 3.7, a judge shall not serve as an officer, director, manager, general partner, advisor, or employee of any business entity except that a judge may manage or participate in: (1) a business closely held by the judge or members of the judge's family; or (2) a business entity primarily engaged in investment of the financial resources of the judge or members of the judge's family. (c) A judge shall not engage in financial activities permitted under paragraphs (a) or (b) if they will: (1) interfere with the proper performance of judicial duties; (2) lead to frequent disqualification of the judge; (3) involve the judge in frequent transactions or continuing business relationships with lawyers or other persons likely to come before the court on which the judge serves; or (4) result in violation of other provisions of this Code. (d) This Rule does not apply to retired judges approved for recall under Maryland Constitution, Article IV, 3A. [1] Judges are generally permitted to engage in financial activities, including managing real estate and other investments for themselves or for members of their families. Participation in these activities, like participation in other extrajudicial activities, is subject to the requirements of this Code. For example, it would be improper for a judge to spend so much time on business activities that it interferes with the performance of judicial duties. See Rule 2.1. Similarly, it would be improper for a judge to use his or her official title or appear in judicial robes in business advertising, or to conduct his or her business or financial affairs in such a way that disqualification is frequently required. See Rules 1.3 and 2.11. [2] As soon as practicable without serious financial detriment, the judge must divest himself or herself of investments and other financial interests that might require frequent disqualification or otherwise violate this Rule. Source. -- Paragraphs (a), (b), and (c) of this Rule are derived from Rule 3.11 of the 2007 ABA Code and the Comments are derived from the ABA Comments to that Rule. Paragraph (d) is derived from Canon 6C of the former Maryland Code of Judicial Conduct. Rule 3.12. COMPENSATION FOR EXTRAJUDICIAL ACTIVITIES

A judge may accept reasonable compensation for extrajudicial activities permitted by this Code or other law unless such acceptance would appear to a reasonable person to undermine the judge's independence, integrity, or impartiality. Cross references. -- See Rule 3.9 requiring certain disclosures and action by retired judges approved for recall who provide alternative dispute resolution services. [1] A judge is permitted to accept honoraria, stipends, fees, wages, salaries, royalties, or other compensation for speaking, teaching, writing, and other extrajudicial activities, provided the compensation is reasonable and commensurate with the task performed. The judge should be mindful, however, that judicial duties must take precedence over other activities. See Rule 2.1, Code, Family Law Article, 2-406 and 2-410, and Md. Rules 16-821 through 16-824. [2] Compensation derived from extrajudicial activities may be subject to public reporting. See Rule 3.15. Source. -- This Rule is derived from Rule 3.12 of the 2007 ABA Code. The Comments are derived from the ABA Comments to that Rule. Rule 3.13. ACCEPTANCE OF GIFTS, LOANS, BEQUESTS, BENEFITS, OR OTHER THINGS OF VALUE (a) A judge shall not accept any gifts, loans, bequests, benefits, or other things of value, if acceptance is prohibited by law or would appear to a reasonable person to undermine the judge's independence, integrity, or impartiality. (b) Unless otherwise prohibited by law, or by paragraph (a), a judge may accept the following: (1) items with little intrinsic value, such as plaques, certificates, trophies, and greeting cards; (2) gifts, loans, bequests, benefits, or other things of value from friends, relatives, or other persons, including lawyers, whose appearance or interest in a proceeding pending or impending before the judge would in any event require disqualification of the judge under Rule 2.11; (3) ordinary social hospitality; (4) commercial or financial opportunities and benefits, including special pricing and discounts, and loans from lending institutions in their regular course of business, if the same opportunities and benefits or loans are made available on the same terms to similarly situated persons who are not judges; (5) rewards and prizes given to competitors or participants in random drawings, contests, or other events that are open to persons who are not judges; (6) scholarships, fellowships, and similar benefits or awards, if they are available to similarly situated persons who are not judges, based upon the same terms and criteria;

(7) books, magazines, journals, audiovisual materials, and other resource materials supplied by publishers on a complimentary basis for official use; (8) gifts, awards, or benefits associated with the business, profession, or other separate activity of a spouse, a domestic partner, or other family member of a judge residing in the judge's household, but that incidentally benefit the judge; (9) gifts incident to a public testimonial; or (10) invitations to the judge and the judge's spouse, domestic partner, or guest to attend without charge: (A) an event associated with a bar-related function or other activity relating to the law, the legal system, or the administration of justice; or (B) an event associated with any of the judge's educational, religious, charitable, fraternal or civic activities permitted by this Code, if the same invitation is offered to nonjudges who are engaged in similar ways in the activity as is the judge. [1] Whenever a judge accepts a gift or other thing of value without paying fair market value, there is a risk that the benefit might be viewed as intended to influence the judge's decision in a case. Rule 3.13 imposes restrictions upon the acceptance of such benefits, according to the magnitude of the risk. Paragraph (b) identifies circumstances in which the risk that the acceptance would appear to undermine the judge's independence, integrity, or impartiality is low. As the value of the benefit or the likelihood that the source of the benefit will appear before the judge increases, the judge is prohibited under paragraph (a) from accepting the gift. [2] Gift-giving between friends and relatives is a common occurrence, and ordinarily does not create an appearance of impropriety or cause reasonable persons to believe that the judge's independence, integrity, or impartiality has been compromised. In addition, when the appearance of friends or relatives in a case would require the judge's disqualification under Rule 2.11, there would be no opportunity for a gift to influence the judge's decision-making. Paragraph (b)(2) places no restrictions upon the ability of a judge to accept gifts or other things of value from friends or relatives under these circumstances. [3] Businesses and financial institutions frequently make available special pricing, discounts, and other benefits, either in connection with a temporary promotion or for preferred customers, based upon longevity of the relationship, volume of business transacted, and other factors. A judge may freely accept such benefits if they are available to the general public, or if the judge qualifies for the special price or discount according to the same criteria as are applied to persons who are not judges. As an example, loans provided at generally prevailing interest rates are not gifts, but a judge could not accept a loan from a financial institution at below-market interest rates unless the same rate was being made available to the general public for a certain period of time or only to borrowers with specified qualifications that the judge also possesses.

[4] Rule 3.13 applies only to acceptance of gifts or other things of value by a judge. Nonetheless, if a gift or other benefit is given to the judge's spouse, domestic partner, or member of the judge's family residing in the judge's household, it may be viewed as an attempt to evade Rule 3.13 and influence the judge indirectly. Where the gift or benefit is being made primarily to such other persons, and the judge is merely an incidental beneficiary, this concern is reduced. A judge should, however, remind family and household members of the restrictions imposed upon judges and urge them to take these restrictions into account when making decisions about accepting such gifts or benefits. [5] Rule 3.13 does not apply to contributions to a judge's campaign for judicial office. Source. -- This Rule is derived from Rule 3.13 of the 2007 ABA Code, except that paragraph (c) (3) is eliminated, paragraphs (c) (1) and (2) are added to paragraph (b) and provisions relating to the reporting of gifts are covered in Rule 3.15. The Comments are derived from the ABA Comments to Rule 3.13 of the 2007 ABA Code. Rule 3.14. REIMBURSEMENT OF EXPENSES AND WAIVERS OF FEES OR CHARGES (a) Unless otherwise prohibited by Rule 3.1, Rule 3.13 (a), or other law, a judge may accept reimbursement of necessary and reasonable expenses for travel, food, lodging, or other incidental expenses, or a waiver or partial waiver of fees or charges for registration, tuition, and similar items, from sources other than the judge's employing entity, if the expenses or charges are associated with the judge's participation in extrajudicial activities permitted by this Code. (b) Reimbursement of expenses for necessary travel, food, lodging, or other incidental expenses shall be limited to the actual costs reasonably incurred by the judge and, when appropriate to the occasion, by the judge's spouse, domestic partner, or guest. [1] Educational, civic, religious, fraternal, and charitable organizations often sponsor meetings, seminars, symposia, dinners, awards ceremonies, and similar events. Judges are encouraged to attend educational programs, as both teachers and participants, in law-related and academic disciplines, in furtherance of their duty to remain competent in the law. Participation in a variety of other extrajudicial activities is also permitted and encouraged by this Code. [2] Not infrequently, sponsoring organizations invite certain judges to attend seminars or other events on a fee-waived or partial-fee-waived basis, and sometimes include reimbursement for necessary travel, food, lodging, or other incidental expenses. A judge's decision whether to accept reimbursement of expenses or a waiver or partial waiver of fees or charges in connection with these or other extrajudicial activities must be based upon an assessment of all the circumstances. The judge must undertake a reasonable inquiry to obtain the information necessary to make an informed judgment about whether acceptance would be consistent with the requirements of this Code. [3] A judge must assure himself or herself that acceptance of reimbursement or fee waivers would not appear to a reasonable person to undermine the judge's independence, integrity, or impartiality. The factors that a judge should consider when deciding whether to accept reimbursement or a fee

waiver for attendance at a particular activity include: (a) whether the sponsor is an accredited educational institution or bar association rather than a trade association or a for-profit entity; (b) whether the funding comes largely from numerous contributors rather than from a single entity and is earmarked for programs with specific content; (c) whether the content is related or unrelated to the subject matter of litigation pending or impending before the judge, or to matters that are likely to come before the judge; (d) whether the activity is primarily educational rather than recreational, and whether the costs of the event are reasonable and comparable to those associated with similar events sponsored by the judiciary, bar associations, or similar groups; (e) whether information concerning the activity and its funding sources is available upon inquiry; (f) whether the sponsor or source of funding is generally associated with particular parties or interests currently appearing or likely to appear in the judge's court, thus possibly requiring disqualification of the judge under Rule 2.11; (g) whether differing viewpoints are presented; and (h) whether a broad range of judicial and nonjudicial participants are invited, whether a large number of participants are invited, and whether the program is designed specifically for judges. Source. -- This Rule is derived from Rule 3.14 of the 2007 ABA Code. The Comments are derived from the ABA Comments to that Rule. Rule 3.15. REPORTING REQUIREMENTS A judge must accurately complete and timely file an annual Statement of Financial Interests on the form and as otherwise prescribed by the Court of Appeals pursuant to Md. Rule 16-815. Source. -- This Rule is derived from Md. Rule 16-815. SECTION 4. RULES GOVERNING POLITICAL ACTIVITY Rule 4.1. DEFINITIONS (a) Applicant (1) "Applicant" means a person who has applied for appointment by the Governor to a judicial office.

(2) The person becomes an applicant when the person files an application with a judicial nominating commission and remains an applicant until the Governor makes an appointment to that judicial office unless, prior to that time, the person formally withdraws the application. (3) If the person is not appointed but, pursuant to an Executive Order of the Governor or other law, remains eligible for appointment to another judicial office without a further application to or recommendation from the judicial nominating commission, the person remains an applicant until the Governor makes an appointment to that other judicial office, unless, prior to that time, the person formally withdraws the application. Cross references. -- Executive Order 01.01.2008.04 (b) Candidate "Candidate" means a candidate for election or a District Court candidate for retention. (c) Candidate for election (1) "Candidate for election" means a person who: (A) seeks initial election to a Circuit Court or an Orphans' Court; (B) is an incumbent judge of a Circuit Court or Orphans' Court and seeks to retain that office through an election conducted pursuant to Art. IV, 3, 5, or 40 of the Maryland Constitution; or (C) is an incumbent judge of the Court of Appeals or Court of Special Appeals and seeks to retain that office through a retention election conducted pursuant to Art. IV, 5A of the Maryland Constitution. (2) A person becomes a candidate for election: (A) as to a newly appointed judge, from the date the judge takes the oath of office; (B) as to any other incumbent judge, from the earlier of: (i) the date two years prior to the general election pertaining to that judge's re-election or subsequent retention; or (ii) the date on which a newly appointed judge to that court becomes a candidate in the same general election. (C) as to a judge who seeks election to another judicial office, the earlier of: (i) the date on which the judge files a certificate of candidacy in accordance with Maryland election laws, but no earlier than two years prior to the general election for that office; or

(ii) the date on which a newly appointed judge to that court becomes a candidate in the same general election; and (D) as to a lawyer who seeks a judicial office, the date on which the lawyer files a certificate of candidacy in accordance with Maryland election laws, but no earlier than two years prior to the general election for the office. (3) A person who becomes a candidate under paragraph (c) remains a candidate until the general election for the office unless, prior to that time, the person files a formal withdrawal of candidacy in accordance with Maryland election laws. (d) District Court Candidate for Retention "District Court candidate for retention" means an incumbent judge of the District Court who seeks retention for an additional term pursuant to Art. IV, 41D of the Maryland Constitution. A District Court judge becomes a candidate for retention from the date one year prior to the expiration of the judge's current term. (e) Political organization "Political organization" includes a political party, a political committee, and a partisan organization, as those terms are defined in Maryland Code, Election Article, 1-101. Source. -- These definitions are new. [1] This Rule is new. It is intended to reflect and focus on the different ways in which judges in Maryland are selected and retained. See Maryland Constitution, Art. IV, 5A (appellate judges), 3 and 5 (Circuit Court judges), 41D (District Court judges), and 40 (Orphans' Court judges). (a) In all cases, a vacancy is filled by appointment by the Governor. The appointment of appellate, District Court, and Orphans' Court judges requires the advice and consent of the Senate; the appointment of Circuit Court judges does not. (b) Appellate judges then face an uncontested plebiscite election (yes or no for continuance in office) for an additional 10-year term, following which they face another such election for a succeeding term. (c) Circuit Court judges face a potentially contested primary and general election for a 15-year term, at the end of which, in order to remain in office, they must be appointed by the Governor for a "bridge" term until the next election and then prevail in that election. (d) District Court judges do not face election but receive a 10-year term, at the end of which, they must be reappointed by the Governor subject to confirmation by the Senate. (e) Orphans' Court judges face a potentially contested primary and general election every four

years. [2] The first context, applicable to all appellate, Circuit Court, and District Court judges and many Orphans' Court judges, is initial appointment by the Governor to fill a vacancy. Except for Orphans' Court judges, that requires an application to and consideration by a judicial nominating commission, which normally interviews the applicants, receives information and recommendations from Bar Associations, other interested groups, and members of the public, and sends to the Governor a list of recommended applicants. The Governors have agreed, expressly or tacitly, to appoint from the list of applicants recommended by the applicable nominating commission. The applicants may be lawyers seeking initial appointment to the Bench, incumbent Circuit Court judges seeking reappointment, upon the expiration of their 15-year term, for a "bridge" period until the next election, or other judges seeking appointment to a different court. Rule 4.1 (a) defines those persons as "applicants." [3] A person seeking election, either through a potentially contested election (Circuit Court and Orphans' Court) or through a plebiscite-type retention election (appellate judges), is defined in Rule 4.1 (c) as a "candidate for election." A District Court judge, at the end of the 10-year term, faces confirmation by the Senate for an additional term. That judge is not a candidate for election but is defined in Rule 4.1 (d) as a "District Court candidate for retention." [4] The remaining Rules in Section 4 specify the political activity allowed or not allowed to persons falling within those categories, as well as to incumbent judges who are not within any of them. [5] Even when subject to election, a judge plays a role different from that of a legislator or executive branch official. Rather than making decisions based on the expressed views or preferences of the electorate, a judge makes decisions based on the law and the facts of each case. In furtherance of that interest, judges and candidates for judicial office must, to the greatest extent possible, be free and appear to be free from political influence and political pressure. The Rules in Section 4 impose narrowly tailored restrictions on the political and campaign activities of all judges and candidates for judicial office. Source. -- This Rule and Comments [1] through [4] are new. Comment [5] is derived from ABA Comment [1] to Rule 4.1 of the 2007 ABA Code. Rule 4.2. POLITICAL CONDUCT OF JUDGE WHO IS NOT A CANDIDATE (a) A judge who is not a candidate shall not engage in any partisan political activity. (b) A judge shall resign when the judge becomes a candidate for a non-judicial office, except that a judge may continue to hold judicial office while a candidate for election as a delegate to a Maryland Constitutional Convention. Source. -- Rule 4.2 is derived from former Md. Code of Judicial Conduct Canon 5A. Rule 4.3. POLITICAL CONDUCT OF APPLICANT

An applicant for judicial office may initiate communications or contact with a judicial nominating commission or its members and may seek endorsements for the appointment from any other person or organization, other than a political organization. [1] Rule 4.3 is derived in part from Rule 4.3 of the 2007 ABA Code but departs from it in one important respect. Under Rule 4.3, an applicant may initiate communications or contact with a judicial nominating commission or its members, but neither the Commission nor its members are obliged to respond to such communications or contact. Applicants may appear for interviews before the commission and may respond to questions or inquiries from commission members, and they may solicit endorsements from other persons or organizations (other than a political organization). If they have a question regarding the procedure or their application, they may contact the Administrative Office of the Courts. Source. -- This Rule is derived from Rule 4.3 of the 2007 ABA Code. The Comment is new. Rule 4.4. POLITICAL CONDUCT OF CANDIDATE FOR ELECTION A candidate for election: (a) shall comply with all applicable election laws and regulations; (b) shall act at all times in a manner consistent with the independence, integrity, and impartiality of the judiciary and maintain the dignity appropriate to judicial office; (c) subject to the other provisions of this Rule, may engage in partisan political activity allowed by law with respect to such candidacy, and, in that regard: (1) may publicly endorse or oppose candidates for the same judicial office; (2) may attend or purchase tickets for dinners or other events sponsored by a political organization or a candidate for public office; and (3) may seek, accept, and use endorsements from any person or organization; but (4) shall not act as a leader in or hold office in a political organization, make a speech for a candidate or political organization, or publicly endorse a candidate for non- judicial office. (d) As to statements and materials made or produced during a campaign: (1) shall review, approve, and be responsible for the content of all campaign statements and materials produced by the candidate or by the candidate's campaign committee or other authorized agents; (2) shall take reasonable measures to ensure that other persons do not undertake on behalf of the candidate activities that the candidate is prohibited from doing by this Rule;

(3) with respect to a case, controversy, or issue that is likely to come before the court, shall not make a commitment, pledge, or promise that is inconsistent with the impartial performance of the adjudicative duties of the office; (4) shall not make any statement that would reasonably be expected to affect the outcome or impair the fairness of a matter pending or impending in any court; (5) shall not knowingly, or with reckless disregard for the truth, misrepresent the candidate's identity or qualifications, the identity or qualifications of an opponent, or any other fact, or make any false or misleading statement; (6) may speak or write on behalf of the candidate's candidacy through any medium, including advertisements, websites, or other campaign literature; and (7) subject to paragraph (b) of this Rule, may respond to a personal attack or an attack on the candidate's record. [1] This Rule is derived in part from former Md. Code of Judicial Conduct Canon 5B and from the 2007 ABA Code, but it has been substantially reorganized into three basic segments: general requirements (paragraphs (a) and (b)); the extent to which candidates for election may engage in partisan political conduct (paragraph (c)); and the rules governing campaign statements (paragraph (d)). [2] Rule 4.4 (a) requires candidates for election to comply with all election laws and regulations. The Election Law Article of the Maryland Code contains laws governing candidates, campaign contributions, finance, expenditures, and reporting. Those requirements are supplemented by regulations adopted by the State Board of Elections. Candidates for election must become familiar with applicable laws and regulations and comply with them. [3] Public confidence in the independence and impartiality of the judiciary is eroded if judges or candidates for judicial office are perceived to be subject to political influence. Although they may register to vote as members of a political party, they are prohibited by Rule 4.4 (c) (4) from assuming leadership roles in political organizations. [4] Rule 4.4 (c) (4) also prohibits candidates for election from making speeches on behalf of political organizations or publicly endorsing or opposing candidates for public office, to prevent them from abusing the prestige of judicial office to advance the interests of others. See Rule 1.3. Rule 4.4 does not prohibit candidates for election from (a) campaigning on their own behalf, (b) endorsing or opposing candidates for election to the same judicial office for which they are running, or (c) from having their name on the same sample ballot as a candidate for another public office. [5] Although members of the families of candidates for election are free to engage in their own political activity, including running for public office, there is no "family exception" to the prohibition in Rule 4.4 (c) (4) against publicly endorsing candidates for public office. A candidate

for election must not become involved in, or be publicly associated with, a family member's political activity or campaign for public office. To avoid public misunderstanding, candidates for election should take, and should urge members of their families to take, reasonable steps to avoid any implication that they endorse any family member's candidacy or other political activity. [6] Judicial candidates must be scrupulously fair and accurate in all statements made by them and by their campaign committees. Rule 4.4 (d) (5) obligates them to refrain from making statements that are false or misleading, or that omit facts necessary to make the communication considered as a whole not materially misleading. Rule 4.4 (d) (1) requires the candidate to review and approve the content of statements made by the candidate's campaign committee or other authorized agents and makes the candidate responsible for those statements. [7] Candidates for election are sometimes the subject of false, misleading, or unfair allegations made by opposing candidates, third parties, or the media. As long as the candidate for election does not violate Rule 4.4 (d), he or she may make a factually accurate public response, although it is preferable for someone else to respond if the allegations relate to a pending case. If an independent third party has made unwarranted attacks on a candidate for election's opponent, the candidate for election may disavow the attacks and request the third party to cease and desist. [8] Rule 4.4 (d) (3) prohibits candidates for election, with regard to cases or issues likely to come before the court, from making a commitment, promise, or pledge that is inconsistent with the impartial performance of the adjudicative duties of the office. The making of a commitment, promise, or pledge is not dependent on, or limited to, the use of any specific words or phrases. The totality of the statement must be examined to determine if a reasonable person would believe that the candidate has specifically undertaken to reach a particular result. Commitments, promises, and pledges must be contrasted with statements or announcements of personal views on legal, political, or other issues, which are not prohibited. When making such statements, a judge should acknowledge the overarching judicial obligation to apply and uphold the law, without regard to his or her personal views. Source. -- This Rule is derived in part from Rule 4.1 of the 2007 ABA Code and in part from Canon 5 of the former Maryland Code of Judicial Conduct. The Comments are derived from the ABA Comments to Rule 4.1 of the 2007 ABA Code. Rule 4.5. POLITICAL CONDUCT OF DISTRICT COURT CANDIDATE FOR RETENTION A District Court candidate for retention: (a) may contact and communicate with the Governor and members of the State Senate regarding the candidate's reconfirmation; (b) may seek, accept, and use endorsements from any person or organization; (c) shall act at all times in a manner consistent with the independence, integrity, and impartiality of the judiciary and maintain the dignity appropriate to judicial office;

(d) subject to paragraph (c) of this Rule, may respond to a personal attack or an attack on the candidate's record; (e) with respect to a case, controversy, or issue that is likely to come before the court, shall not make a commitment, pledge, or promise that is inconsistent with the impartial performance of the adjudicative duties of the office; and (f) shall not knowingly or with reckless disregard for the truth misrepresent the candidate's identity or qualifications or any other fact. [1] Because a District Court candidate for retention does not face an election, the political activity allowed is much more limited. It is reasonable to permit the judge to contact the Governor, who must transmit the judge's name to the Senate, and members of the Senate, regarding the judge's reconfirmation, and to seek endorsements that may be helpful to the judge in that regard. The constraints in paragraphs (c) through (f), which are taken from Rule 4.4, are applicable as well to even this political activity. Source. -- This Rule and the Comment are new. Rule 4.6. APPLICABILITY AND DISCIPLINE (a) A candidate who is a judge shall comply with the Rules in this Section 4. A candidate who is a lawyer shall comply with Rule 8.2 of the Maryland Lawyers' Rules of Professional Conduct (Maryland Rule 16-812). (b) A successful candidate and a judge who unsuccessfully sought a different judicial office are subject to judicial discipline for campaign conduct. An unsuccessful candidate who is a lawyer is subject to attorney discipline for campaign conduct HISTORY: (Added March 9, 2010, effective July 1, 2010; June 7, 2011, effective July 1, 2011.) MARYLAND RULES TITLE 16. COURTS, JUDGES, AND ATTORNEYS CHAPTER 800. MISCELLANEOUS Md. Rule 16-814 (2012) Rule 16-814. Maryland Code Of Conduct For Judicial Appointees TABLE OF CONTENTS DEFINITIONS; PREAMBLE; AND APPLICATION A. PREAMBLE B. DEFINITIONS

C. APPLICATION SECTION 1. RULES GOVERNING INTEGRITY AND THE AVOIDANCE OF IMPROPRIETY Rule 1.1. COMPLIANCE WITH THE LAW Rule 1.2. PROMOTING CONFIDENCE IN THE JUDICIARY Rule 1.3. AVOIDING LENDING THE PRESTIGE OF THE POSITION SECTION 2. RULES GOVERNING THE PERFORMANCE OF A JUDICIAL APPOINTEE'S DUTIES Rule 2.1. GIVING PRECEDENCE TO THE DUTIES OF POSITION Rule 2.2. IMPARTIALITY AND FAIRNESS Rule 2.3. BIAS, PREJUDICE, AND HARASSMENT Rule 2.4. EXTERNAL INFLUENCES ON PROFESSIONAL CONDUCT Rule 2.5. COMPETENCE, DILIGENCE, AND COOPERATION Rule 2.6. ENSURING THE RIGHT TO BE HEARD Rule 2.7. RESPONSIBILITY TO DECIDE Rule 2.8. DECORUM AND DEMEANOR Rule 2.9. EX PARTE COMMUNICATIONS Rule 2.10. STATEMENTS ON PENDING AND IMPENDING CASES Rule 2.11. DISQUALIFICATION Rule 2.12. SUPERVISORY DUTIES Rule 2.13. ADMINISTRATIVE APPOINTMENTS Rule 2.14. DISABILITY AND IMPAIRMENT OF OTHERS Rule 2.15. RESPONDING TO JUDICIAL AND LAWYER MISCONDUCT Rule 2.16. COOPERATION WITH DISCIPLINARY AUTHORITIES SECTION 3. RULES GOVERNING EXTRA-OFFICIAL ACTIVITY

Rule 3.1. EXTRA-OFFICIAL ACTIVITIES IN GENERAL Rule 3.2. APPEARANCES BEFORE GOVERNMENTAL BODIES AND CONSULTATION WITH GOVERNMENT OFFICIALS Rule 3.3. TESTIFYING AS A CHARACTER WITNESS Rule 3.4. APPOINTMENT TO GOVERNMENTAL POSITIONS Rule 3.5. USE OF NONPUBLIC INFORMATION Rule 3.6. AFFILIATION WITH DISCRIMINATORY ORGANIZATIONS Rule 3.7. PARTICIPATION IN EDUCATIONAL, RELIGIOUS, CHARITABLE, FRATERNAL, OR CIVIC ORGANIZATIONS AND ACTIVITIES Rule 3.8. APPOINTMENTS TO FIDUCIARY POSITIONS Rule 3.9. SERVICE AS ARBITRATOR OR MEDIATOR Rule 3.10. PRACTICE OF LAW Rule 3.11. FINANCIAL, BUSINESS OR REMUNERATIVE ACTIVITIES Rule 3.12. COMPENSATION FOR EXTRA-OFFICIAL ACTIVITIES Rule 3.13. ACCEPTANCE OF GIFTS, LOANS, BEQUESTS, BENEFITS, OR OTHER THINGS OF VALUE Rule 3.14. REIMBURSEMENT OF EXPENSES AND WAIVERS OF FEES OR CHARGES Rule 3.15. REPORTING REQUIREMENTS SECTION 4. RULES GOVERNING POLITICAL ACTIVITY Rule 4.1. DEFINITIONS Rule 4.2. POLITICAL CONDUCT OF JUDICIAL APPOINTEE WHO IS NOT A CANDIDATE Rule 4.3. POLITICAL CONDUCT OF APPLICANT Rule 4.4. POLITICAL CONDUCT OF CANDIDATE FOR ELECTION Rule 4.5. APPLICABILITY AND DISCIPLINE

PREAMBLE This Code of Conduct for Judicial Appointees governs the conduct of judicial appointees. It is patterned after the Maryland Code of Judicial Conduct (MCJC) set forth in Rule 16-813, and the provisions of this Code should be read in a consistent manner with parallel provisions in the MCJC. This Code sets forth minimum standards and is not intended as a limitation on an appointing authority's power to impose additional requirements. DEFINITIONS (a) Judicial Appointee. "Judicial appointee" means: (1) an auditor, examiner, or master appointed by a court of this State; and Cross references. -- See Rules 2-541, 2-542, and 2-543. (2) a District Court commissioner appointed pursuant to Article IV, 41G of the Maryland Constitution. Source. -- With style changes this definition is derived from the former Code of Conduct for Judicial Appointees. Cross references. -- For the definition of "judicial appointee" for purposes of filing a financial disclosure statement, see Rule 16-816. (b) Member of Judicial Appointee's Family. "Member of judicial appointee's family" means a spouse, domestic partner, child, grandchild, parent, grandparent, or other relative or person with whom the judicial appointee maintains a close familial relationship. Source. -- This definition is derived from Section B-108 of the MCJC. (c) Member of Judicial Appointee's Household. "Member of judicial appointee's household" means: (1) if sharing the judicial appointee's legal residence, the judicial appointee's spouse, domestic partner, child, ward, financially dependent parent, or other financially dependent relative; or (2) the judicial appointee's spouse, domestic partner, child, ward, parent, or other relative over whose financial affairs the judicial appointee has legal or actual control. Source. -- This definition is derived from Section B-109 of the MCJC. (d) Other Definitions. As to a judicial appointee, "domestic partner," "fiduciary," "gift," "impartial, impartiality, and impartially," "impending matter," "independence," "knowingly,

knowledge, known, and knows," "pending matter," "significant financial interest," and "third degree of relationship" have the meanings set forth, respectively, in Sections B-101, B-102, B-103, B-104, B-105, B-106, B-107, B-110, and B-111, and B-112 of the MCJC. APPLICATION (a) District Court Commissioners and Full-time Standing Masters, Examiners, and Auditors. This Code applies in its entirety to District Court Commissioners and full-time standing masters, examiners, and auditors. (b) Part-time Standing Masters, Examiners, and Auditors. Except as otherwise provided in a specific Rule, this Code applies in its entirety to part-time standing masters, examiners, and auditors. (c) Special Masters, Examiners, and Auditors. During the period of their serving in that capacity, special masters, examiners, and auditors are subject only to the Rules in Sections 1 and 2, to Rule 3.5, and to such of the Comments to those Rules as are relevant, given the limited duration of the service. Special masters, examiners, and auditors shall, however, on request of a party or the appointing authority, disclose any extra-official activity or interests covered by the other Rules in this Code that may be grounds for a motion to recuse under Rule 2.11. Source. -- This provision is new. Committee note. -- District Court Commissioners, despite the number of hours they may actually be on duty, are regarded as full-time judicial appointees. Auditors, examiners, and masters may fall into several categories. Under Code, Courts Article, 2-102, all courts may appoint a master, examiner, or auditor in "a specific proceeding." Under Code, Courts Article, 2-501, the judges of the circuit courts have more general authority to employ masters, examiners, and auditors. That authority is extended and made more specific in Rules 2-541 (masters), 2-542 (examiners), and 2-543 (auditors). Rules 2-541, 2-542, and 2-543 create two categories of masters, examiners, and auditors -standing and special. Standing masters, examiners, and auditors are employed to deal with whatever cases are referred to them on an on-going basis, but their employment by the court may be full-time or part-time. Special masters, examiners, and auditors are appointed "for a particular action," and thus, like appointments made under Courts Article, 2-102, their service is limited to the particular action or proceeding. During that period of service, however, it is possible that they may work full-time or part-time, as necessary or as directed by the court. A master, examiner, or auditor may therefore be standing full-time, standing part-time, special full-time, or special parttime. This Code, in its entirety, applies to District Court Commissioners and full-time standing masters, examiners, and auditors. Because their employment by the court is full-time and more-or-less permanent, it is appropriate to limit some of their extra-official activities in the same manner as judges. Standing masters, examiners, and auditors who work only part-time but whose

employment is also more-or-less permanent and who handle whatever cases are referred to them also need to be subject to most of the requirements and limitations in the Code, but it is impractical to preclude them from engaging in other lawful remunerative activities, such as practicing law or accounting or providing ADR services. They are subject to the entire Code, except as provided in specific Rules. Special masters, examiners, and auditors, appointed for only one proceeding, are subject to those Rules governing such things as fairness, impartiality, integrity, and diligence during the period of their service, but it is impractical and unnecessary to subject them across-theboard to the Rules in Section 4 or most of the Rules in Section 3 (political and extra-official activities), provided that, upon request of a party or the appointing authority, they disclose any activity or interest that may be cause for recusal. SECTION 1. RULES GOVERNING INTEGRITY AND THE AVOIDANCE OF IMPROPRIETY Rule 1.1. COMPLIANCE WITH THE LAW A judicial appointee shall comply with the law, including the Rules in this Code of Conduct for Judicial Appointees that are applicable. Source. -- This Rule is derived from Rule 1.1 of the MCJC. Rule 1.2. PROMOTING CONFIDENCE IN THE JUDICIARY (a) A judicial appointee shall act at all times in a manner that promotes public confidence in the independence, integrity, and impartiality of the judiciary. (b) A judicial appointee shall avoid conduct that would create in reasonable minds a perception of impropriety. [1] Public confidence in the judiciary is eroded by improper conduct and conduct that creates the appearance of impropriety. This principle applies to both the professional and personal conduct of a judicial appointee. [2] A judicial appointee should expect to be the subject of public scrutiny that might be viewed as burdensome if applied to other citizens, and must accept the restrictions imposed by this Code. [3] Conduct that compromises or appears to compromise the independence, integrity, and impartiality of a judicial appointee undermines public confidence in the judiciary. Because it is not practicable to list all such conduct, the Rule is necessarily cast in general terms. [4] Judicial appointees should participate in activities that promote ethical conduct among judicial appointees and lawyers, support professionalism within the judiciary and the legal profession, and promote access to justice for all. [5] Actual improprieties include violations of law, court rules, and this Code. The test for

appearance of impropriety is whether the conduct would create in reasonable minds a perception that the judicial appointee's ability to carry out the responsibilities of the judicial appointee's position with competence, impartiality, and integrity is impaired. [6] A judicial appointee should, where appropriate, initiate and participate in community outreach activities for the purpose of promoting public understanding of and confidence in the administration of justice. In conducting such activities, the judicial appointee must act in a manner consistent with this Code. Source. -- This Rule is derived from Rule 1.2 of the MCJC. Rule 1.3. AVOIDING LENDING THE PRESTIGE OF THE POSITION A judicial appointee shall not lend the prestige of the judicial appointee's position to advance the personal or economic interests of the judicial appointee or others, or allow others to do so. [1] It is improper for a judicial appointee to use or attempt to use his or her position to gain personal advantage or deferential treatment of any kind. For example, it would be improper for a judicial appointee to allude to his or her official status to gain favorable treatment in encounters with traffic officials. Similarly, a judicial appointee must not use an official letterhead to gain an advantage in conducting his or her personal business. [2] A judicial appointee may provide a reference or recommendation for an individual based upon the judicial appointee's personal knowledge. The judicial appointee may use an official letterhead if the judicial appointee indicates that the reference is personal and if there is no likelihood that the use of the letterhead would reasonably be perceived as an attempt to exert pressure by reason of the judicial appointee's position. [3] Judicial appointees may participate in the process of judicial selection by cooperating with appointing authorities and screening committees and by responding to inquiries from such entities concerning the professional qualifications of a person being considered for judicial office. [4] Special considerations arise when judicial appointees write or contribute to publications of forprofit entities, whether related or unrelated to the law. A judicial appointee should not permit anyone associated with the publication of such materials to exploit the judicial appointee's position in a manner that violates this Rule or other applicable law. In contracts for publication of a judicial appointee's writing, the judicial appointee should retain sufficient control over the advertising to avoid such exploitation. Source. -- This Rule is derived from Rule 1.3 of MCJC. SECTION 2. RULES GOVERNING THE PERFORMANCE OF A JUDICIAL APPOINTEE'S DUTIES Rule 2.1. GIVING PRECEDENCE TO THE DUTIES OF POSITION

The duties of the judicial appointee's position, as prescribed by law and by the conditions and requirements imposed by the appointing authority, shall take precedence over a judicial appointee's personal and extra-official activities. [1] To ensure that judicial appointees are available to fulfill their official duties, judicial appointees must conduct their personal and extra-official activities to minimize the risk of conflicts that would result in frequent disqualification. [2] Although it is not a duty of a judicial appointee's position unless prescribed by law, judicial appointees are encouraged to participate in activities that promote public understanding of and confidence in the justice system. [3] With respect to time devoted to personal and extra-official activities, this Rule must be construed in a reasonable manner. Family obligations, illnesses, emergencies, and other permissible extra-official activities may require a judicial appointee's immediate attention. Attending to those obligations and situations, temporary in nature, is not prohibited by this Rule and should be dealt with in accordance with applicable vacation, sick leave, and administrative leave policies. Judicial appointees must not permit their other activities to interfere with their ability to perform the duties of their public position. Source. -- This Rule is derived from Rule 2.1 of MCJC. The last sentence of Comment [3] is new. Rule 2.2. IMPARTIALITY AND FAIRNESS A judicial appointee shall uphold and apply the law and shall perform all duties of the position impartially and fairly. [1] To ensure impartiality and fairness to all parties, a judicial appointee must be objective and open-minded. [2] Although each judicial appointee comes to the position with a unique background and personal philosophy, a judicial appointee must interpret and apply the law without regard to whether the judicial appointee approves or disapproves of the law in question. [3] When applying and interpreting the law, a judicial appointee sometimes may make good-faith errors of fact or law. Errors of this kind do not violate this Rule. [4] It is not a violation of this Rule for a judicial appointee to make reasonable accommodations to ensure self-represented litigants the opportunity to have their matters fairly heard. Cross references. -- See Rule 2.6 Comment [2]. Source. -- This Rule is derived from Rule 2.2 of MCJC. Rule 2.3. BIAS, PREJUDICE, AND HARASSMENT

(a) A judicial appointee shall perform the duties of the position, including administrative duties, without bias or prejudice. (b) A judicial appointee shall not, in the performance of the judicial appointee's duties, by words or conduct, manifest bias, prejudice, or harassment based upon race, sex, gender, religion, national origin, ethnicity, disability, age, sexual orientation, marital status, socioeconomic status, or political affiliation. A judicial appointee shall require lawyers in proceedings before the judicial appointee, court staff, court officials, and others subject to the judicial appointee's direction and control to refrain from similar conduct. (c) The restrictions of paragraph (b) do not preclude judicial appointees or lawyers from making legitimate references to the listed factors, or similar factors, when they are relevant to an issue in a proceeding. [1] A judicial appointee who manifests bias or prejudice in a proceeding impairs the fairness of the proceeding and brings the judiciary into disrepute. [2] A judicial appointee must avoid conduct that may reasonably be perceived as prejudiced or biased. Examples of manifestations of bias or prejudice include epithets, slurs, demeaning nicknames, negative stereotyping, attempted humor based upon stereotypes, threatening, intimidating, or hostile acts, suggestions of connections between race, ethnicity, or nationality and crime, and irrelevant references to personal characteristics. Even facial expressions and body language can convey to parties and lawyers in the proceeding, the media, and others an appearance of bias or prejudice. [3] Harassment, as referred to in paragraph (b), is verbal or physical conduct that denigrates or shows hostility or aversion toward a person on bases such as race, sex, gender, religion, national origin, ethnicity, disability, age, sexual orientation, marital status, socioeconomic status, or political affiliation. [4] Sexual harassment includes sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature that is unwelcome. Source. -- This Rule is derived from Rule 2.3 of the MCJC. Rule 2.4. EXTERNAL INFLUENCES ON PROFESSIONAL CONDUCT (a) A judicial appointee shall not be swayed by public clamor or fear of criticism. (b) A judicial appointee shall not permit family, social, political, financial, or other interests or relationships to influence the judicial appointee's official conduct or judgment. (c) A judicial appointee shall not convey or permit others to convey the impression that any person or organization is in a position to influence the judicial appointee.

[1] An independent judiciary requires that judicial appointees decide matters according to the law and facts, without regard to whether particular laws or litigants are popular or unpopular with the public, the media, government officials, or the judicial appointee's friends or family. Confidence in the judiciary is eroded if a judicial appointee's decision-making is perceived to be subject to inappropriate outside influences. Source. -- This Rule is derived from Rule 2.4 of the MCJC. Rule 2.5. COMPETENCE, DILIGENCE, AND COOPERATION (a) A judicial appointee shall perform the duties of the position competently, diligently, promptly, and without favoritism or nepotism. (b) A judicial appointee shall cooperate with judges, other judicial appointees of the court, and court officials in the administration of court business. (c) A judicial appointee shall not wilfully fail to comply with administrative rules or reasonable directives of a judge or other judicial appointee with supervisory authority. [1] Competence in the performance of a judicial appointee's duties requires the legal knowledge, skill, thoroughness, and preparation reasonably necessary to perform the responsibilities of the position. [2] A judicial appointee should seek the necessary docket time, court staff, expertise, and resources to discharge the judicial appointee's responsibilities. [3] Prompt disposition of the court's business requires a judicial appointee to devote adequate time to the position in accordance with the requirements imposed by the appointing authority, to be punctual in attendance and expeditious in determining matters under submission, and to take reasonable measures to ensure that court officials, litigants, and their lawyers cooperate with the judicial appointee to that end. [4] In disposing of matters promptly and efficiently, a judicial appointee must demonstrate due regard for the rights of parties to be heard and to have issues resolved without unnecessary cost or delay. A judicial appointee should monitor and supervise cases in ways that reduce or eliminate dilatory practices, avoidable delays, and unnecessary costs. Source. -- This Rule is derived from Rule 2.5 of the MCJC. Rule 2.6. ENSURING THE RIGHT TO BE HEARD (a) A judicial appointee shall accord to every person who has a legal interest in a proceeding, or that person's lawyer, the right to be heard according to law. (b) A judicial appointee may encourage parties to a proceeding and their lawyers to settle matters in dispute but shall not act in a manner that coerces any party into settlement.

[1] The right to be heard is an essential component of a fair and impartial system of justice. Substantive rights of litigants can be protected only if procedures protecting the right to be heard are observed. [2] Increasingly, judicial appointees have before them self-represented litigants whose lack of knowledge about the law and about judicial procedures and requirements may inhibit their ability to be heard effectively. A judicial appointee's obligation under Rule 2.2 to remain fair and impartial does not preclude the judicial appointee from making reasonable accommodations to protect a self-represented litigant's right to be heard, so long as those accommodations do not give the self-represented litigant an unfair advantage. This Rule does not require a judicial appointee to make any particular accommodation. [3] Settlement conferences and referrals to alternative dispute resolution may play an important role in the administration of justice. A judicial appointee may play an important role in overseeing the settlement of disputes, but should be careful that efforts to further settlement do not undermine any party's right to be heard according to law. Among the factors that a judicial appointee should consider when deciding upon an appropriate settlement practice for a case are (a) whether the parties have requested or voluntarily consented to a certain level of participation by the judicial appointee in settlement discussions, (b) whether the parties and their counsel are relatively sophisticated in legal matters, (c) whether the case will be tried by a judge or a jury, (d) whether the parties participate with their counsel in settlement discussions, (e) whether any parties are selfrepresented, and (f) the nature of the proceeding. [4] Judicial appointees must be mindful of the effect settlement discussions can have, not only on their objectivity and impartiality, but also on the appearance of their objectivity and impartiality. A judicial appointee should keep in mind the effect that the judicial appointee's participation in settlement discussions may have on both the judicial appointee's own views of the case and the perceptions of the lawyers and the parties if the case remains with the judicial appointee after settlement efforts are unsuccessful. Despite a judicial appointee's best efforts, there may be instances when information obtained during settlement discussions could influence a judicial appointee's decision making during proceedings, and, in such instances, the judicial appointee should consider whether disqualification may be appropriate. See Rule 2.11 (a) (1). Source. -- This Rule is derived from Rule 2.6 of the MCJC. Rule 2.7. RESPONSIBILITY TO DECIDE A judicial appointee shall hear and decide matters assigned to the judicial appointee unless recusal is appropriate. [1] Although there are times when disqualification is necessary or appropriate to protect the rights of litigants and preserve public confidence in the independence, integrity, and impartiality of the judiciary, judicial appointees must be available to decide matters that come before them. The dignity of the court, the judicial appointee's respect for fulfillment of the duties of the position, and a proper concern for the burdens that may be imposed upon the judges and the judicial appointee's

colleagues require that a judicial appointee not use disqualification to avoid cases that present difficult, controversial, or unpopular issues. Source. -- This Rule is derived from Rule 2.7 of the MCJC. Rule 2.8. DECORUM AND DEMEANOR (a) A judicial appointee shall require order and decorum in proceedings before the judicial appointee. (b) A judicial appointee shall be patient, dignified, and courteous to litigants, witnesses, lawyers, court staff, court officials, and others with whom the judicial appointee deals in an official capacity, and shall require similar conduct of lawyers, court staff, court officials, and others subject to the judicial appointee's direction and control. [1] The duty to hear all proceedings with patience and courtesy is not inconsistent with the duty imposed in Rule 2.5 to dispose promptly of the business of the court. Judicial appointees can be efficient and businesslike while being patient and deliberate. Source. -- This Rule is derived from Rule 2.8 of the MCJC, except that Comments [2] and [3] were deleted. Rule 2.9. EX PARTE COMMUNICATIONS (a) A judicial appointee shall not initiate, permit, or consider ex parte communications, or consider other communications made to the judicial appointee out of the presence of the parties or their lawyers, concerning a pending or impending matter, except as follows: (1) A judicial appointee may initiate, permit, or consider any ex parte communication when expressly authorized by law to do so. (2) When circumstances require it, ex parte communication for scheduling, administrative, or emergency purposes, which does not address substantive matters, is permitted, provided: (A) the judicial appointee reasonably believes that no party will gain a procedural, substantive, or tactical advantage as a result of the ex parte communication; and (B) the judicial appointee makes provision promptly to notify all other parties of the substance of the ex parte communication, and gives the parties an opportunity to respond. (3) A judicial appointee may obtain the advice of a disinterested expert on the law applicable to a proceeding if the judicial appointee (A) makes provision promptly to notify all of the parties as to the expert consulted and the substance of the advice, and (B) affords the parties a reasonable opportunity to respond. (4) A judicial appointee may consult with court staff and court officials whose functions are to aid

the judicial appointee in carrying out the judicial appointee's adjudicative responsibilities, or with a judge, provided the judicial appointee does not make a decision based on adjudicative facts that are not made part of the record, and does not abrogate the responsibility personally to decide the matter. (5) A judicial appointee may, with the consent of the parties, confer separately with the parties and their lawyers as part of a settlement conference conducted pursuant to Rules 17-102 (h) and 17-105 (b). (6) When serving in a problem-solving court program of a Circuit Court or the District Court pursuant to Rule 16-206, a judicial appointee may initiate, permit, and consider ex parte communications in conformance with the established protocols for the operation of the program if the parties have expressly consented to those protocols. (b) If a judicial appointee inadvertently receives an unauthorized ex parte communication bearing upon the substance of a matter, the judicial appointee shall make provision promptly to notify the parties of the substance of the communication and provide the parties with an opportunity to respond. (c) Unless expressly authorized by law, a judicial appointee shall not investigate adjudicative facts in a matter independently, and shall consider only the evidence presented and any facts that may properly be judicially noticed. Cross references. -- See Code, Courts Article, 2-607 (c) (2) authorizing District Court Commissioners to conduct investigations and inquiries into the circumstances of matters presented to determine if probable cause exists for the issuance of a charging document, warrant, or criminal summons. (d) A judicial appointee shall make reasonable efforts, including providing appropriate supervision, to ensure that this Rule is not violated by court staff, court officials, and others subject to the judicial appointee's direction and control. [1] To the extent reasonably possible, all parties or their lawyers shall be included in communications with a judicial appointee. [2] Whenever the presence of a party or notice to a party is required by this Rule, it is the party's lawyer, or if the party is self-represented, the party, who is to be present or to whom notice is to be given. [3] The proscription against communications concerning a proceeding includes communications with lawyers, law teachers, and other persons who are not participants in the proceeding, except to the limited extent permitted by this Rule. [4] A judicial appointee may consult with judges or other judicial appointees on pending matters, including a retired judge approved for recall, but must avoid ex parte discussions of a case with judges or judicial appointees who have previously been disqualified from hearing the matter or

with a judge whom the judicial appointee knows has been assigned to hear exceptions to the judicial appointee's recommendation in the matter. [5] The prohibition against a judicial appointee investigating adjudicative facts in a matter extends to information available in all mediums, including electronic. [6] A judicial appointee may consult ethics advisory committees, outside counsel, or legal experts concerning the judicial appointee's compliance with this Code. Such consultations are not subject to the restrictions of paragraph (a) (2). Source. -- This Rule is derived in part from Rule 2.9 of the MCJC. Rule 2.10. STATEMENTS ON PENDING AND IMPENDING CASES (a) A judicial appointee shall abstain from public comment that relates to a proceeding pending or impending in any court and that might reasonably be expected to affect the outcome or impair the fairness of that proceeding and shall require similar abstention on the part of court personnel subject to the judicial appointee's direction and control. This Rule does not prohibit a judicial appointee from making public statements in the course of official duties or from explaining for public information the procedures of the court. (b) With respect to a case, controversy, or issue that is likely to come before the court, a judicial appointee shall not make a commitment, pledge, or promise that is inconsistent with the impartial performance of the adjudicative duties of the office. (c) Notwithstanding the restrictions in paragraphs (a) and (b), a judicial appointee may make public statements in the course of official duties, may explain court procedures, and may comment on any proceeding in which the judicial appointee is a litigant in a non-official capacity. [1] This Rule's restrictions are essential to the maintenance of the independence, integrity, and impartiality of the judiciary. [2] This Rule does not prohibit a judicial appointee from commenting on proceedings in which the judicial appointee is a litigant in a personal capacity. In cases in which the judicial appointee is a litigant in an official capacity, such as a writ of mandamus, the judicial appointee must not comment publicly. [3] "Court personnel," as used in paragraph (a) of this Rule does not include the lawyers in a proceeding before the judicial appointee. The comment of lawyers in this regard is governed by Rule 3.6 of the Maryland Lawyers' Rules of Professional Conduct. Source. -- This Rule is derived from Rule 2.10 of the MCJC. Rule 2.11. DISQUALIFICATION (a) A judicial appointee shall disqualify himself or herself in any proceeding in which the judicial

appointee's impartiality might reasonably be questioned, including the following circumstances: (1) The judicial appointee has a personal bias or prejudice concerning a party or a party's lawyer, or personal knowledge of facts that are in dispute in the proceeding. (2) The judicial appointee knows that the judicial appointee, the judicial appointee's spouse or domestic partner, or a person within the third degree of relationship to either of them, or the spouse or domestic partner of such a person: (A) is a party to the proceeding, or an officer, director, general partner, managing member, or trustee of a party; (B) is acting as a lawyer in the proceeding; (C) is a person who has more than a de minimis interest that could be substantially affected by the proceeding; or (D) is likely to be a material witness in the proceeding. (3) The judicial appointee knows that he or she, individually or as a fiduciary, or any of the following persons has a significant financial interest in the subject matter in controversy or in a party to the proceeding: (A) the judicial appointee's spouse or domestic partner; (B) a person within the third degree of relationship to the judicial appointee; or (C) any other member of the judicial appointee's family residing in the judicial appointee's household. (4) The judicial appointee, while a judicial appointee or as an applicant for the position, has made a public statement, other than in a court proceeding, decision, or opinion, that commits or appears to commit the judicial appointee to reach a particular result or rule in a particular way in the proceeding or controversy. (5) The judicial appointee: (A) served as a lawyer in the matter in controversy, or was associated with a lawyer who participated substantially as a lawyer in the matter during such association; or (B) served in governmental employment, and in such capacity participated personally and substantially as a lawyer or public official concerning the proceeding, or has publicly expressed in such capacity an opinion concerning the merits of the particular matter in controversy. (6) If the judicial appointee is part-time, the judicial appointee or any attorney with whom the judicial appointee is associated represents a party or otherwise has an interest in the proceeding.

(b) A judicial appointee shall keep informed about the judicial appointee's personal and fiduciary economic interests and make a reasonable effort to keep informed about the personal economic interests of the judicial appointee's spouse and minor children residing in the judicial appointee's household. (c) A judicial appointee subject to disqualification under this Rule, other than for bias or prejudice under paragraph (a) (1), may disclose on the record the basis of the judicial appointee's disqualification and may ask the parties and their lawyers to consider, outside the presence of the judicial appointee and court personnel, whether to waive disqualification. If, following the disclosure, the parties and lawyers agree, without participation by the judicial appointee or court personnel, that the judicial appointee should not be disqualified, the judicial appointee may participate in the proceeding. The agreement shall be incorporated into the record of the proceeding. [1] Under this Rule, a judicial appointee is disqualified whenever the judicial appointee's impartiality might reasonably be questioned, regardless of whether any of the specific provisions of paragraphs (a) (1) through (5) apply. In this Rule, "disqualification" has the same meaning as "recusal." [2] A judicial appointee's obligation not to hear or decide matters in which disqualification is required applies regardless of whether a motion to disqualify is filed. [3] A judicial appointee should disclose on the record information that the judicial appointee believes the parties or their lawyers might reasonably consider relevant to a possible motion for disqualification, even if the judicial appointee believes there is no basis for disqualification. [4] This procedure gives the parties an opportunity to waive the recusal if the judicial appointee agrees. The judicial appointee may comment on possible waiver but must ensure that consideration of the question of waiver is made independently of the judicial appointee. A party may act through counsel if counsel represents on the record that the party has been consulted and consents. As a practical matter, a judicial appointee may request that all parties and their lawyers sign a waiver agreement. Source. -- This Rule is derived from Rule 2.11 of the MCJC, except that Comment [3] was deleted. Paragraph (a) (6) is derived from Canon 3D (1) (b) (ii) of the former Code of Conduct for Judicial Appointees. Rule 2.12. SUPERVISORY DUTIES (a) A judicial appointee shall require court staff, court officials, and others subject to the judicial appointee's direction and control to act in a manner consistent with the judicial appointee's obligations under this Code. (b) A judicial appointee with supervisory authority for the performance of other judicial appointees shall take reasonable measures to ensure that those judicial appointees properly

discharge their official responsibilities, including the prompt disposition of matters before them. [1] A judicial appointee is responsible for his or her own conduct and for the conduct of others, such as staff, when those persons are acting at the judicial appointee's direction or control. A judicial appointee may not direct court personnel to engage in conduct on the judicial appointee's behalf or as the judicial appointee's representative when such conduct would violate this Code if undertaken by the judicial appointee. [2] Public confidence in the judicial system depends upon timely justice. To promote the efficient administration of justice, a judicial appointee with supervisory authority must take the steps needed to ensure that judicial appointees under his or her supervision administer their workloads promptly. Source. -- This Rule is derived from Rule 2.12 (a) of the MCJC. Rule 2.13. ADMINISTRATIVE APPOINTMENTS (a) In making official administrative appointments, a judicial appointee: (1) shall exercise the power of appointment impartially and on the basis of merit; and (2) shall avoid nepotism, favoritism, personal benefit, and unnecessary appointments. (b) A judicial appointee shall not approve compensation of appointees beyond the fair value of services rendered. [1] Consent by the parties to an appointment or an award of compensation does not relieve the judicial appointee of the obligation prescribed by paragraph (a). [2] Unless otherwise defined by law, nepotism is the appointment or hiring of any relative within the third degree of relationship to either the judicial appointee or the judicial appointee's spouse or domestic partner, or the spouse or domestic partner of such relative. [3] Rule 2.13 does not apply to the appointment or compensation of an employee in the private office of a part-time judicial appointee. Source. -- This Rule is derived from Rule 2.13 of the MCJC, except that the first sentence of Comment [1] was deleted. Rule 2.14. DISABILITY AND IMPAIRMENT OF OTHERS A judicial appointee having a reasonable belief that the performance of a lawyer, a judge, or another judicial appointee is impaired by drugs or alcohol or by a mental, emotional, or physical condition, shall take appropriate action, which may include a confidential referral to a lawyer or judicial assistance program.

[1] "Appropriate action" means action intended and reasonably likely to help the judge, judicial appointee, or lawyer in question to address the problem and prevent harm to the justice system. Depending upon the circumstances, appropriate action may include speaking directly to the impaired person, notifying an individual with supervisory responsibility over the impaired person, or making a referral to an assistance program. [2] Taking or initiating corrective action by way of referral to an assistance program may satisfy a judicial appointee's responsibility under this Rule. Assistance programs have many approaches for offering help to impaired judges and lawyers, such as intervention, counseling, or referral to appropriate health care professionals. Depending upon the gravity of the conduct that has come to the judicial appointee's attention, however, the judicial appointee may be required to take other action, such as reporting the impaired judge, judicial appointee, or lawyer to the appropriate authority, agency, or body. See Rule 2.15. Source. -- This Rule is derived from Rule 2.14 of the MCJC. Rule 2.15. RESPONDING TO JUDICIAL AND LAWYER MISCONDUCT (a) A judicial appointee shall take or initiate appropriate corrective measures with respect to the unprofessional conduct of a judge, another judicial appointee, or a lawyer. (b) If other corrective measures are not appropriate or, if attempted, were not successful, a judicial appointee: (1) shall inform the Commission on Judicial Disabilities of facts known to the judicial appointee that raise a substantial question as to a judge's fitness for office; (2) shall inform the Attorney Grievance Commission of facts known to the judicial appointee that raise a substantial question as to a lawyer's honesty, trustworthiness, or fitness as a lawyer in other respects; and (3) shall inform the appointing authority of facts known to the judicial appointee that raise a substantial question as to another judicial appointee's fitness for the position. (c) Acts of a judicial appointee required or permitted by paragraphs (a) or (b) of this Rule shall be absolutely privileged. [1] Permitting a judicial appointee to take "corrective" measures gives the judicial appointee a wide range of options to deal with unprofessional conduct. Appropriate corrective measures may include direct communication with the judge, lawyer, or other judicial appointee who is believed to have committed the violation or other direct action if available. There may be instances of professional misconduct that would warrant a private admonition or referral to a bar association counseling service. Source. -- This Rule is derived from Rule 2.15 of the MCJC, except that paragraph (b) (3) is new.

Rule 2.16. COOPERATION WITH DISCIPLINARY AUTHORITIES (a) A judicial appointee shall cooperate and be candid and honest with judicial and lawyer disciplinary agencies. (b) A judicial appointee shall not retaliate, directly or indirectly, against a person known or suspected to have assisted or cooperated with an investigation of a judge, another judicial appointee, or a lawyer. [1] Cooperation with investigations and proceedings of judicial and lawyer discipline agencies, as required in paragraph (a) of this Rule, instills confidence in judicial appointees' commitment to the integrity of the judicial system and the protection of the public. Source. -- This Rule is derived from Rule 2.16 of the MCJC. SECTION 3. RULES GOVERNING EXTRA-OFFICIAL ACTIVITY Rule 3.1. EXTRA-OFFICIAL ACTIVITIES IN GENERAL A judicial appointee may engage in extra-official activities, except as prohibited by law or this Code. When engaging in extra-official activities, a judicial appointee shall not: (a) participate in activities that will interfere with the proper performance of the judicial appointee's official duties; (b) participate in activities that will lead to frequent disqualification of the judicial appointee; (c) participate in activities that would appear to a reasonable person to undermine the judicial appointee's independence, integrity, or impartiality; (d) engage in conduct that would appear to a reasonable person to be coercive; or (e) make inappropriate use of court premises, staff, stationery, equipment, or other resources. [1] To the extent that time permits, and independence and impartiality are not compromised, judicial appointees are encouraged to engage in appropriate extra-official activities. Judicial appointees are uniquely qualified to engage in extra-official activities that concern the law, the legal system, and the administration of justice, such as by speaking, writing, teaching, or participating in scholarly research projects. In addition, judicial appointees are permitted and encouraged to engage in educational, religious, charitable, fraternal, or civic extra-official activities not conducted for profit, even when the activities do not involve the law. See Rule 3.7. [2] Participation in both law-related and other extra-official activities helps integrate judicial appointees into their communities and furthers public understanding of and respect for courts and

the judicial system. [3] Discriminatory actions and expressions of bias or prejudice by a judicial appointee, even outside the judicial appointee's official actions, are likely to appear to a reasonable person to call into question the judicial appointee's integrity and impartiality. Examples include jokes or other remarks that demean individuals based upon their race, sex, gender, religion, national origin, ethnicity, disability, age, sexual orientation, or socioeconomic status. For the same reason, a judicial appointee's extra-official activities must not be conducted in connection or affiliation with an organization that practices invidious discrimination. See Rule 3.6. [4] While engaged in permitted extra-official activities, judicial appointees must not coerce others or take action that would reasonably be perceived as coercive. For example, depending upon the circumstances, a judicial appointee's solicitation of contributions or memberships for an organization, even as permitted by Rule 3.7 (a), might create the risk that the person solicited would feel obligated to respond favorably, or would do so to curry favor with the judicial appointee. Source. -- This Rule is derived from Rule 3.1 of the MCJC. Rule 3.2. APPEARANCES BEFORE GOVERNMENTAL BODIES AND CONSULTATION WITH GOVERNMENT OFFICIALS A judicial appointee shall not appear voluntarily at a public hearing before, or otherwise consult with, an executive or a legislative body or official, except: (a) in connection with matters concerning the law, the legal system, or the administration of justice; (b) in connection with matters about which the judicial appointee acquired knowledge or expertise in the course of the judicial appointee's official duties; (c) when the judicial appointee is acting self-represented in a matter involving the judicial appointee's legal or economic interests, or when the judicial appointee is acting in a fiduciary capacity; or (d) as permitted by Rule 3.10. [1] Judicial appointees possess special expertise in matters of law, the legal system, and the administration of justice, and may properly share that expertise with governmental bodies and executive or legislative branch officials. [2] In appearing before governmental bodies or consulting with government officials, judicial appointees must be mindful that they remain subject to other provisions of this Code, such as Rule 1.3, prohibiting them from using the prestige of office to advance their own or others' interests, Rule 2.10, governing public comment on pending and impending matters, and Rule 3.1 (c), prohibiting judicial appointees from engaging in extra-official activities that would appear to a

reasonable person to undermine the judicial appointee's independence, integrity, or impartiality. [3] In general, it would be an unnecessary and unfair burden to prohibit judicial appointees from appearing before governmental bodies or consulting with government officials on matters that are likely to affect them as private citizens, such as zoning proposals affecting their real property. In engaging in such activities, however, judicial appointees must not refer to their official positions, and must otherwise exercise caution to avoid using the prestige of their position. Source. -- This Rule is derived from Rule 3.2 of the MCJC. Rule 3.3. TESTIFYING AS A CHARACTER WITNESS A judicial appointee shall not testify as a character witness in a judicial, administrative, or other adjudicatory proceeding or otherwise vouch for the character of a person in a legal proceeding, except when duly summoned. [1] A judicial appointee who, without being subpoenaed, testifies as a character witness abuses the prestige of the position to advance the interests of another. See Rule 1.3. Except in unusual circumstances where the demands of justice require, a judicial appointee should discourage a party from requiring the judicial appointee to testify as a character witness. Source. -- This Rule is derived from Rule 3.3 of the MCJC. Rule 3.4. APPOINTMENT TO GOVERNMENTAL POSITIONS A judicial appointee shall not accept appointment to: (a) a Judicial Nominating Commission or (b) any other governmental committee, board, commission, or position, unless it is one that concerns the law, the legal system, or the administration of justice. [1] Rule 3.4 implicitly acknowledges the value of judicial appointees accepting appointments to entities that concern the law, the legal system, or the administration of justice. Even in such instances, however, a judicial appointee should assess the appropriateness of accepting an appointment, paying particular attention to the subject matter of the appointment and the availability and allocation of judicial resources, including the judicial appointee's time commitments, and giving due regard to the requirements of the independence and impartiality of the judiciary. [2] A judicial appointee may not accept a governmental appointment that could interfere with the effectiveness and independence of the judiciary, assume or discharge an executive or legislative power, or hold another "office" under the Constitution or laws of the United States or the State of Maryland. See Maryland Declaration of Rights, Articles 8, 33, and 35. [3] A judicial appointee may represent his or her country, State, or locality on ceremonial occasions or in connection with historical, educational, or cultural activities. Such representation does not constitute acceptance of a government position.

Committee note. -- Although the Judicial Ethics Committee has concluded that the Supremacy Clause of the U.S. Constitution may allow service in reserve components of the armed forces that otherwise might be precluded under this Code, such as service as a judge advocate or military judge, the Attorney General, rather than the Judicial Ethics Committee, traditionally has rendered opinions with regard to issues of dual or incompatible offices. Source. -- This Rule is derived from Rule 3.4 of the MCJC. Rule 3.5. USE OF NONPUBLIC INFORMATION A judicial appointee shall not intentionally disclose or use nonpublic information acquired in an official capacity for any purpose unrelated to the judicial appointee's official duties. Nonpublic information means information that is not available to the public. It may include information that is (a) sealed or shielded pursuant to law or court order, (b) impounded, (c) communicated in camera, or (d) offered in grand jury proceedings, pre-sentencing reports, dependency cases, or psychiatric reports. [1] In the course of performing official duties, a judicial appointee may acquire information of commercial or other value that is unavailable to the public. The judicial appointee must not reveal or use such information for personal gain or for any purpose unrelated to his or her official duties. [2] This Rule is not intended, however, to affect a judicial appointee's ability to act on information as necessary to protect the health or safety of the judicial appointee or a member of a judicial appointee's family, court personnel, or other judicial officers. Source. -- This Rule is derived from Rule 3.5 of the MCJC. Rule 3.6. AFFILIATION WITH DISCRIMINATORY ORGANIZATIONS (a) A judicial appointee shall not hold membership in any organization that practices invidious discrimination on the basis of race, sex, gender, religion, national origin, ethnicity, or sexual orientation. (b) A judicial appointee shall not use the benefits or facilities of an organization if the judicial appointee knows or should know that the organization practices invidious discrimination on one or more of the bases identified in paragraph (a). A judicial appointee's attendance at an event in a facility of an organization that the judicial appointee is not permitted to join is not a violation of this Rule when the judicial appointee's attendance is an isolated event that could not reasonably be perceived as an endorsement of the organization's practices. [1] A judicial appointee's public manifestation of approval of invidious discrimination on any basis gives rise to the appearance of impropriety and diminishes public confidence in the integrity and impartiality of the judiciary. A judicial appointee's membership in an organization that practices invidious discrimination creates the perception that the judicial appointee's impartiality is impaired.

[2] An organization is generally said to discriminate invidiously if it arbitrarily excludes from membership on the basis of race, sex, gender, religion, national origin, ethnicity, or sexual orientation persons who would otherwise be eligible for admission. Whether an organization practices invidious discrimination is a complex question to which judicial appointees should be attentive. The answer cannot be determined from a mere examination of an organization's current membership rolls, but rather, depends upon how the organization selects members, as well as other relevant factors, such as whether the organization is dedicated to the preservation of religious, ethnic, or cultural values of legitimate common interest to its members, or whether it is an intimate, purely private organization whose membership limitations could not constitutionally be prohibited. [3] When a judicial appointee learns that an organization to which the judicial appointee belongs engages in invidious discrimination, the judicial appointee must resign immediately from the organization. [4] A judicial appointee's membership in a religious organization as a lawful exercise of the freedom of religion is not a violation of this Rule. [5] This Rule does not apply to national or state military service. Source. -- This Rule is derived from Rule 3.6 of the MCJC. Rule 3.7. PARTICIPATION IN EDUCATIONAL, RELIGIOUS, CHARITABLE, FRATERNAL, OR CIVIC ORGANIZATIONS AND ACTIVITIES (a) Subject to the requirements of Rules 3.1 and 3.6, a judicial appointee may participate in activities sponsored by organizations or governmental entities concerned with the law, the legal system, or the administration of justice, and those sponsored by or on behalf of educational, religious, charitable, fraternal, or civic organizations not conducted for profit, including the following activities: (1) assisting such an organization or entity in planning related to fund-raising, and participating in the management and investment of the organization's or entity's funds; (2) soliciting contributions for such an organization or entity, but only from members of the judicial appointee's family, judges, or other judicial appointees over whom the judicial appointee does not exercise supervisory authority; (3) soliciting membership for such an organization or entity, even though the membership dues or fees generated may be used to support the objectives of the organization or entity, but only if the organization or entity is concerned with the law, the legal system, or the administration of justice; (4) appearing or speaking at, receiving an award or other recognition at, being featured on the program of, and permitting his or her title to be used in connection with an event of such an organization or entity, but if the event serves a fund-raising purpose, the judicial appointee may participate only if the event concerns the law, the legal system, or the administration of justice;

(5) making recommendations to such a public or private fund-granting organization or entity in connection with its programs and activities, but only if the organization or entity is concerned with the law, the legal system, or the administration of justice; and (6) serving as an officer, director, trustee, or nonlegal advisor of such an organization or entity, unless it is likely that the organization or entity: (A) will be engaged in proceedings that would ordinarily come before the judicial appointee; or (B) will frequently be engaged in adversary proceedings in the appointing court. (b) A judicial appointee may encourage but not coerce lawyers to provide pro bono publico legal services. [1] The activities permitted by paragraph (a) generally include those sponsored by or undertaken on behalf of public or private not-for-profit educational institutions, and other not-for-profit organizations, including law-related, charitable, and other organizations. [2] Even for law-related organizations, a judicial appointee should consider whether the membership and purposes of the organization or the nature of the judicial appointee's participation in or association with the organization would conflict with the judicial appointee's obligation to refrain from activities that reflect adversely upon a judicial appointee's independence, integrity, and impartiality. [3] Mere attendance at an event, whether or not the event serves a fund-raising purpose, does not constitute a violation of paragraph (a)(4). It is also generally permissible for a judicial appointee to serve as an usher or a food server or preparer, or to perform similar functions, at fund-raising events sponsored by educational, religious, charitable, fraternal, or civic organizations. Such activities are not solicitation and do not present an element of coercion or abuse the prestige of the judicial appointee's position. [4] Identification of a judicial appointee's position in educational, religious, charitable, fraternal, or civic organizations on letterhead used for fund-raising or membership solicitation does not violate this Rule. The letterhead may list the judicial appointee's title or position if comparable designations are used for other persons. [5] A judicial appointee may promote access to justice by encouraging lawyers to participate in pro bono publico legal services, if in doing so the judicial appointee does not employ coercion, or abuse the prestige of the judicial appointee's position. Such encouragement may take many forms, including providing lists of available programs, training lawyers to do pro bono publico legal work, and participating in events recognizing lawyers who have done pro bono publico work. Source. -- This Rule is derived from Rule 3.7 of the MCJC. Rule 3.8. APPOINTMENTS TO FIDUCIARY POSITIONS

(a) Except as provided in paragraph (b), a judicial appointee may hold a fiduciary position, such as executor, administrator, trustee, guardian, attorney in fact, or other personal representative. (b) A judicial appointee shall not hold a fiduciary position if: (1) doing so would interfere with the proper performance of the judicial appointee's official duties; or (2) the fiduciary will likely be engaged in proceedings that would ordinarily come before the judicial appointee, or if the estate, trust, or ward becomes involved in adversary proceedings in the appointing court. (c) A judicial appointee acting in a fiduciary capacity shall be subject to the same restrictions on engaging in financial activities that apply to a judicial appointee personally. (d) If a person who is serving in a fiduciary position becomes a judicial appointee, he or she must comply with this Rule as soon as reasonably practicable, but in no event later than one year after becoming a judicial appointee. [1] A judicial appointee should recognize that other restrictions imposed by this Code may conflict with the judicial appointee's obligations as a fiduciary; in such circumstances, a judicial appointee should resign as fiduciary. For example, serving as a fiduciary might require frequent disqualification of a judicial appointee under Rule 2.11 because a judicial appointee is deemed to have an economic interest in shares of stock held by a trust if the amount of stock held is more than de minimis. Source. -- This Rule is derived in part from Rule 3.8 of the MCJC but permits judicial appointees to serve as a fiduciary in situations in which a judge is not permitted to serve. Rule 3.9. SERVICE AS ARBITRATOR OR MEDIATOR (a) A full-time judicial appointee shall not act as an arbitrator or a mediator or perform other alternative dispute resolution functions apart from the judicial appointee's official duties unless expressly authorized by law. (b) A part-time judicial appointee may conduct alternative dispute resolution (ADR) proceedings in a private capacity only if the judicial appointee: (1) conducts no ADR proceedings in a private capacity relating to a matter currently assigned to the judicial appointee; (2) discloses to the parties in each matter assigned to the judicial appointee: (A) the judicial appointee's professional association with any entity that is engaged in offering ADR services;

(B) whether the judicial appointee is conducting, or has conducted within the previous 12 months, an ADR proceeding involving any party, attorney, or law firm involved in the matter assigned to the judicial appointee; and (C) any negotiations or agreements for future ADR services involving the judicial appointee and any of the parties or counsel to the case; and (3) except if there is no disqualification by agreement as permitted by Rule 2.11 (c), does not participate in a matter in which the judicial appointee's impartiality might reasonably be questioned because of ADR services engaged in or offered by the judicial appointee. [1] This Rule does not prohibit a part-time judicial appointee from participating in arbitration, mediation, or other alternative dispute resolution services in a private capacity. See, however, Rule 3.1. [2] Masters may conduct settlement conferences pursuant to Rules 17-102 (h) and 17-105 (b) as part of assigned official duties. Full-time judicial appointees shall not otherwise render dispute resolution services, whether or not for economic gain, unless expressly authorized by law. Source. -- This Rule is derived in part from Canon 4F of the former Code of Conduct for Judicial Appointees. Rule 3.10. PRACTICE OF LAW (a) In General. Except as expressly allowed by this Rule, a judicial appointee shall not practice law. (b) Exceptions. (1) A judicial appointee may act self-represented in a matter involving the judicial appointee or the judicial appointee's interest and, if without compensation, may give legal advice to and draft or review documents for a member of the judicial appointee's family. (2) To the extent not expressly prohibited by law or by the appointing authority and subject to other applicable provisions of this Code, a part-time judicial appointee who is a lawyer may practice law, provided that: (A) the judicial appointee shall not use his or her position to further the judicial appointee's success in the practice of law; and (B) the judicial appointee shall not practice or appear as an individual in a matter involving the judicial appointee or the judicial appointee's interest in the appointing court. (c) Prior to assuming official duties, a full-time judicial appointee shall enter into an agreement for payments relating to the judicial appointee's former law practice. A payment period limited to a

maximum of five years is presumptively reasonable. [1] A judicial appointee may act self-represented in all legal matters, including matters involving litigation and matters involving appearances before or other dealings with governmental bodies. A judicial appointee must not use the prestige of office to advance the judicial appointee's personal or family interests. See Rule 1.3. Source. -- This Rule is derived from Canon 4G of the former Maryland Code of Conduct for Judicial Appointees. Rule 3.11. FINANCIAL, BUSINESS, OR REMUNERATIVE ACTIVITIES (a) A judicial appointee may hold and manage investments of the judicial appointee and members of the judicial appointee's family. (b)(1) Except as permitted by Rule 3.7, a judicial appointee shall not serve as an officer, director, manager, general partner, advisor, or employee of any business entity except that a judicial appointee may manage or participate in: (A) a business closely held by the judicial appointee or members of the judicial appointee's family; or (B) a business entity primarily engaged in investment of the financial resources of the judicial appointee or members of the judicial appointee's family. (2) This section does not apply to a part-time judicial appointee. (c) A judicial appointee shall not engage in financial activities permitted under paragraphs (a) or (b) if they will: (1) interfere with the proper performance of the judicial appointee's official duties; (2) lead to frequent disqualification of the judicial appointee; (3) involve the judicial appointee in frequent transactions or continuing business relationships with lawyers or other persons likely to come before the appointing court; or ( 4) result in violation of other provisions of this Code. [1] Judicial appointees are generally permitted to engage in financial activities, including managing real estate and other investments for themselves or for members of their families. Participation in these activities, like participation in other extra-official activities, is subject to the requirements of this Code. For example, it would be improper for a judicial appointee to spend so much time on business activities that it interferes with the performance of the judicial appointee's official duties. See Rule 2.1. Similarly, it would be improper for a judicial appointee to use his or

her official title or conduct his or her business or financial affairs in such a way that disqualification is frequently required. See Rules 1.3 and 2.11. [2] As soon as practicable without serious financial detriment, the judicial appointee must divest himself or herself of investments and other financial interests that might require frequent disqualification or otherwise violate this Rule. Source. -- This Rule is derived from Rule 3.11 of the MCJC. Rule 3.12. COMPENSATION FOR EXTRA-OFFICIAL ACTIVITIES A judicial appointee may accept reasonable compensation for extra-official activities permitted by this Code or other law unless such acceptance would appear to a reasonable person to undermine the judicial appointee's independence, integrity, or impartiality. [1] A judicial appointee is permitted to accept honoraria, stipends, fees, wages, salaries, royalties, or other compensation for speaking, teaching, writing, and other extrajudicial activities, provided the compensation is reasonable and commensurate with the task performed. The judicial appointee should be mindful, however, that official duties must take precedence over other activities. [2] Compensation derived from extra-official activities may be subject to public reporting. See Rule 3.15. Source. -- This Rule is derived from Rule 3.12 of the MCJC. Rule 3.13. ACCEPTANCE OF GIFTS, LOANS, BEQUESTS, BENEFITS, OR OTHER THINGS OF VALUE (a) A judicial appointee shall not accept any gifts, loans, bequests, benefits, or other things of value, if acceptance is prohibited by law or would appear to a reasonable person to undermine the judicial appointee's independence, integrity, or impartiality. (b) Unless otherwise prohibited by law, or by paragraph (a), a judicial appointee may accept the following: (1) items with little intrinsic value, such as plaques, certificates, trophies, and greeting cards; (2) gifts, loans, bequests, benefits, or other things of value from friends, relatives, or other persons, including lawyers, whose appearance or interest in a proceeding pending or impending before the judicial appointee would in any event require disqualification of the judicial appointee under Rule 2.11; (3) ordinary social hospitality; (4) commercial or financial opportunities and benefits, including special pricing and discounts, and loans from lending institutions in their regular course of business, if the same opportunities

and benefits or loans are made available on the same terms to similarly situated persons who are not judicial appointees; (5) rewards and prizes given to competitors or participants in random drawings, contests, or other events that are open to persons who are not judicial appointees; (6) scholarships, fellowships, and similar benefits or awards, if they are available to similarly situated persons who are not judicial appointees, based upon the same terms and criteria; (7) books, magazines, journals, audiovisual materials, and other resource materials supplied by publishers on a complimentary basis for official use; or (8) gifts, awards, or benefits associated with the business, profession, or other separate activity of a spouse, a domestic partner, or other family member of a judicial appointee residing in the judicial appointee's household, but that incidentally benefit the judicial appointee. (9) gifts incident to a public testimonial; (10) invitations to the judicial appointee and the judicial appointee's spouse, domestic partner, or guest to attend without charge: (A) an event associated with a bar-related function or other activity relating to the law, the legal system, or the administration of justice; or (B) an event associated with any of the judicial appointee's educational, religious, charitable, fraternal or civic activities permitted by this Code, if the same invitation is offered to persons who are not judicial appointees who are engaged in similar ways in the activity as is the judicial appointee. [1] Whenever a judicial appointee accepts a gift or other thing of value without paying fair market value, there is a risk that the benefit might be viewed as intended to influence the judicial appointee's decision in a case. Rule 3.13 imposes restrictions upon the acceptance of such benefits, according to the magnitude of the risk. Paragraph (b) identifies circumstances in which the risk that the acceptance would appear to undermine the judicial appointee's independence, integrity, or impartiality is low. As the value of the benefit or the likelihood that the source of the benefit will appear before the judicial appointee increases, the judicial appointee is prohibited under paragraph (a) from accepting the gift. [2] Gift - giving between friends and relatives is a common occurrence, and ordinarily does not create an appearance of impropriety or cause reasonable persons to believe that the judicial appointee's independence, integrity, or impartiality has been compromised. In addition, when the appearance of friends or relatives in a case would require the judicial appointee's disqualification under Rule 2.11, there would be no opportunity for a gift to influence the judicial appointee's decision-making. Paragraph (b) (2) places no restrictions upon the ability of a judicial appointee to accept gifts or other things of value from friends or relatives under these circumstances.

[3] Businesses and financial institutions frequently make available special pricing, discounts, and other benefits, either in connection with a temporary promotion or for preferred customers, based upon longevity of the relationship, volume of business transacted, and other factors. A judicial appointee may freely accept such benefits if they are available to the general public, or if the judicial appointee qualifies for the special price or discount according to the same criteria as are applied to persons who are not judicial appointees. As an example, loans provided at generally prevailing interest rates are not gifts, but a judicial appointee could not accept a loan from a financial institution at below-market interest rates unless the same rate was being made available to the general public for a certain period of time or only to borrowers with specified qualifications that the judicial appointee also possesses. [4] Rule 3.13 applies only to acceptance of gifts or other things of value by a judicial appointee. Nonetheless, if a gift or other benefit is given to the judicial appointee's spouse, domestic partner, or member of the judicial appointee's family residing in the judicial appointee's household, it may be viewed as an attempt to evade Rule 3.13 and influence the judicial appointee indirectly. Where the gift or benefit is being made primarily to such other persons, and the judicial appointee is merely an incidental beneficiary, this concern is reduced. A judicial appointee should, however, remind family and household members of the restrictions imposed upon judicial appointees and urge them to take these restrictions into account when making decisions about accepting such gifts or benefits. [5] Rule 3.13 does not apply to contributions to a judicial appointee's campaign for judicial office. Source. -- This Rule is derived from Rule 3.13 of the MCJC. Rule 3.14. REIMBURSEMENT OF EXPENSES AND WAIVERS OF FEES OR CHARGES (a) Unless otherwise prohibited by Rule 3.1, Rule 3.13 (a), or other law, a judicial appointee may accept reimbursement of necessary and reasonable expenses for travel, food, lodging, or other incidental expenses, or a waiver or partial waiver of fees or charges for registration, tuition, and similar items, from sources other than the judicial appointee's employing entity, if the expenses or charges are associated with the judicial appointee's participation in extra-official activities permitted by this Code. (b) Reimbursement of expenses for necessary travel, food, lodging, or other incidental expenses shall be limited to the actual costs reasonably incurred by the judicial appointee and, when appropriate to the occasion, by the judicial appointee's spouse, domestic partner, or guest. [1] Educational, civic, religious, fraternal, and charitable organizations often sponsor meetings, seminars, symposia, dinners, awards ceremonies, and similar events. Judicial appointees are encouraged to attend educational programs, as both teachers and participants, in law-related and academic disciplines, in furtherance of their duty to remain competent in the law. Participation in a variety of other extra-official activities is also permitted and encouraged by this Code. [2] Not infrequently, sponsoring organizations invite certain judicial appointees to attend seminars or other events on a fee-waived or partial-fee-waived basis, and sometimes include reimbursement

for necessary travel, food, lodging, or other incidental expenses. A judicial appointee's decision whether to accept reimbursement of expenses or a waiver or partial waiver of fees or charges in connection with these or other extra-official activities must be based upon an assessment of all the circumstances. The judicial appointee must undertake a reasonable inquiry to obtain the information necessary to make an informed judgment about whether acceptance would be consistent with the requirements of this Code. [3] A judicial appointee must assure himself or herself that acceptance of reimbursement or fee waivers would not appear to a reasonable person to undermine the judicial appointee's independence, integrity, or impartiality. The factors that a judicial appointee should consider when deciding whether to accept reimbursement or a fee waiver for attendance at a particular activity include: (a) whether the sponsor is an accredited educational institution or bar association rather than a trade association or a for-profit entity; (b) whether the funding comes largely from numerous contributors rather than from a single entity and is earmarked for programs with specific content; (c) whether the content is related or unrelated to the subject matter of litigation pending or impending before the judicial appointee, or to matters that are likely to come before the judicial appointee; (d) whether the activity is primarily educational rather than recreational, and whether the costs of the event are reasonable and comparable to those associated with similar events sponsored by the judiciary, bar associations, or similar groups; (e) whether information concerning the activity and its funding sources is available upon inquiry; (f) whether the sponsor or source of funding is generally associated with particular parties or interests currently appearing or likely to appear in the judicial appointee's court, thus possibly requiring disqualification of the judicial appointee under Rule 2.11; (g) whether differing viewpoints are presented; and (h) whether a broad range of judicial and nonjudicial participants are invited, whether a large number of participants are invited, and whether the program is designed specifically for judges or judicial appointees. Source. -- This Rule is derived from Rule 3.14 of the MCJC. Rule 3.15. REPORTING REQUIREMENTS A judicial appointee must accurately complete and timely file an annual Statement of Financial Interests on the form and as otherwise prescribed by the Court of Appeals pursuant to Md. Rule 16-816.

Source. -- This Rule is derived from Rule 3.14 of the MCJC. SECTION 4. RULES GOVERNING POLITICAL ACTIVITY Rule 4.1. DEFINITIONS (a) Applicant (1) "Applicant" means a judicial appointee who has applied for appointment by the Governor to a judicial office. (2) A judicial appointee becomes an applicant when the judicial appointee files an application with a judicial nominating commission and remains an applicant until the Governor makes an appointment to that judicial office unless, prior to that time, the judicial appointee formally withdraws the application. (3) If the judicial appointee is not appointed but, pursuant to an Executive Order of the Governor or other law, remains eligible for appointment to another judicial office without a further application to or recommendation from the judicial nominating commission, the judicial appointee remains an applicant until the Governor makes an appointment to that other judicial office, unless, prior to that time, the judicial appointee formally withdraws the application. Cross references. -- Executive Order 01.01.2008.04 (b) Candidate for election (1) "Candidate for election" means a judicial appointee who seeks initial election to a Circuit Court or an Orphans' Court. (2) A judicial appointee becomes a candidate for election on the date on which the judicial appointee files a certificate of candidacy in accordance with Maryland election laws, but no earlier than two years prior to the general election for that office. (3) A judicial appointee who becomes a candidate for election under paragraph (c) remains a candidate for election until the general election for the office unless, prior to that time, the judicial appointee files a formal withdrawal of candidacy in accordance with Maryland election laws. (c) Political organization "Political organization" includes a political party, a political committee, and a partisan organization, as those terms are defined in Maryland Code, Election Article, 1-101. Source. -- These definitions are derived from Rule 4.1 of the MCJC.

Rule 4.2. POLITICAL CONDUCT OF JUDICIAL APPOINTEE WHO IS NOT A CANDIDATE (a) A judicial appointee who is not a candidate for election shall not engage in any partisan political activity. (b) A judicial appointee shall resign when the judicial appointee becomes a candidate for a nonjudicial office, except that a judicial appointee may continue to hold the appointed position while a candidate for election as a delegate to a Maryland Constitutional Convention. Source. -- Rule 4.2 is derived from Rule 4.2 of the MCJC. Rule 4.3. POLITICAL CONDUCT OF APPLICANT An applicant for judicial office may initiate communications or contact with a judicial nominating commission or its members and may seek endorsements for the appointment from any other person or organization, other than a political organization. [1] An applicant may initiate communications or contact with a judicial nominating commission or its members, but neither the commission nor its members are obliged to respond to such communications or contact. Applicants may appear for interviews before the commission and may respond to questions or inquiries from commission members, and they may solicit endorsements from other persons or organizations (other than a political organization). If they have a question regarding the procedure or their application, they may contact the Administrative Office of the Courts. Source. -- This Rule is derived from Rule 4.3 of the MCJC. Rule 4.4. POLITICAL CONDUCT OF CANDIDATE FOR ELECTION A candidate for election: (a) shall comply with all applicable election laws and regulations; (b) shall act at all times in a manner consistent with the independence, integrity, and impartiality of the judiciary and maintain the dignity appropriate to judicial office; (c) subject to the other provisions of this Rule, may engage in partisan political activity allowed by law with respect to such candidacy, and, in that regard: (1) may publicly endorse or oppose candidates for the same judicial office; (2) may attend or purchase tickets for dinners or other events sponsored by a political organization or a candidate for public office; and (3) may seek, accept, and use endorsements from any person or organization; but

(4) shall not act as a leader in or hold office in a political organization, make a speech for a candidate or political organization, or publicly endorse a candidate for non-judicial office. (d) As to statements and materials made or produced during a campaign: (1) shall review, approve, and be responsible for the content of all campaign statements and materials produced by the candidate or by the candidate's campaign committee or other authorized agents; (2) shall take reasonable measures to ensure that other persons do not undertake on behalf of the candidate activities that the candidate is prohibited from doing by this Rule; (3) with respect to a case, controversy, or issue that is likely to come before the judicial appointee, shall not make a commitment, pledge, or promise that is inconsistent with the impartial performance of the adjudicative duties of the office; (4) shall not make any statement that would reasonably be expected to affect the outcome or impair the fairness of a matter pending or impending in any court; (5) shall not knowingly, or with reckless disregard for the truth, misrepresent the candidate's identity or qualifications, the identity or qualifications of an opponent, or any other fact, or make any false or misleading statement; (6) may speak or write on behalf of the candidate's candidacy through any medium, including advertisements, websites, or other campaign literature; and (7) subject to paragraph (b) of this Rule, may respond to a personal attack or an attack on the candidate's record. [1] This Rule is derived from Rule 4.4 of the MCJC. [2] Rule 4.4 (a) requires candidates for election to comply with all election laws and regulations. The Election Law Article of the Maryland Code contains laws governing candidates, campaign contributions, finance, expenditures, and reporting. Those requirements are supplemented by regulations adopted by the State Board of Elections. Candidates for election must become familiar with applicable laws and regulations and comply with them. [3] Public confidence in the independence and impartiality of the judiciary is eroded if judicial appointees, as candidates for judicial office, are perceived to be subject to political influence. Although they may register to vote as members of a political party, they are prohibited by Rule 4.4 (c) (4) from assuming leadership roles in political organizations. [4] Rule 4.4 (c) (4) also prohibits candidates for election from making speeches on behalf of political organizations or publicly endorsing or opposing candidates for public office, to prevent them from abusing the prestige of judicial office to advance the interests of others. See Rule 1.3.

Rule 4.4 does not prohibit candidates for election from (a) campaigning on their own behalf, (b) endorsing or opposing candidates for election to the same judicial office for which they are running, or (c) from having their name on the same sample ballot as a candidate for another public office. [5] Although members of the families of candidates for election are free to engage in their own political activity, including running for public office, there is no "family exception" to the prohibition in Rule 4.4 (c) (4) against publicly endorsing candidates for public office. A candidate for election must not become involved in, or be publicly associated with, a family member's political activity or campaign for public office. To avoid public misunderstanding, candidates for election should take, and should urge members of their families to take, reasonable steps to avoid any implication that they endorse any family member's candidacy or other political activity. [6] Judicial candidates must be scrupulously fair and accurate in all statements made by them and by their campaign committees. Rule 4.4 (d) (5) obligates them to refrain from making statements that are false or misleading, or that omit facts necessary to make the communication considered as a whole not materially misleading. Rule 4.4 (d) (1) requires the candidate to review and approve the content of statements made by the candidate's campaign committee or other authorized agents and makes the candidate responsible for those statements. [7] Candidates for election are sometimes the subject of false, misleading, or unfair allegations made by opposing candidates, third parties, or the media. As long as the candidate for election does not violate Rule 4.4 (d), he or she may make a factually accurate public response, although it is preferable for someone else to respond if the allegations relate to a pending case. If an independent third party has made unwarranted attacks on a candidate for election's opponent, the candidate for election may disavow the attacks and request the third party to cease and desist. [8] Rule 4.4 (d) (3) prohibits candidates for election, with regard to cases or issues likely to come before the court, from making a commitment, promise, or pledge that is inconsistent with the impartial performance of the duties of the office. The making of a commitment, promise, or pledge is not dependent on, or limited to, the use of any specific words or phrases. The totality of the statement must be examined to determine if a reasonable person would believe that the candidate has specifically undertaken to reach a particular result. Commitments, promises, and pledges must be contrasted with statements or announcements of personal views on legal, political, or other issues, which are not prohibited. When making such statements, a candidate for election should acknowledge the overarching judicial obligation to apply and uphold the law, without regard to his or her personal views. Source. -- This Rule is derived from Rule 4.4 of the MCJC. Rule 4.5. APPLICABILITY AND DISCIPLINE (a) A judicial appointee shall comply with the Rules in this Section 4 and with Rule 8.2 of the Maryland Lawyers' Rules of Professional Conduct (Maryland Rule 16-812). If successful as a candidate for election, the judicial appointee is subject to judicial discipline for campaign conduct. If unsuccessful, the judicial appointee is subject to attorney discipline for campaign conduct.

HISTORY: (Added March 9, 2010, effective July 1, 2010.) MARYLAND RULES TITLE 16. COURTS, JUDGES, AND ATTORNEYS CHAPTER 800. MISCELLANEOUS Md. Rule 16-815 (2012) Rule 16-815. Financial disclosure statement a. For purposes of this Rule, former judge means a former judge approved for recall for temporary service under Maryland Constitution, Article IV, 3A. b. Each judge and each former judge shall file with the State Court Administrator an annual financial disclosure statement on the form prescribed by the Court of Appeals. When filed, a financial disclosure statement is a public record. c. Except as provided in paragraph d of this Rule: 1. The initial financial disclosure statement shall be filed on or before April 15, 1987 and shall cover the period beginning on January 1, 1986 and ending on December 31, 1986. 2. A subsequent statement shall be filed annually on or before April 15 of each year and shall cover the preceding calendar year or that portion of the preceding calendar year during which the judge held office. 3. A financial disclosure statement is presumed to have been filed unless the State Court Administrator, on April 16, notifies a judge that the judge's statement for the preceding calendar year or portion thereof has not been received. d. If a judge or other person who files a certificate of candidacy for nomination for an election to an elected judgeship has filed a statement pursuant to 15-610 (b) of the State Government Article, Annotated Code of Maryland, the person need not file for the same period of time the statement required by paragraph c of this Rule. e. The State Court Administrator is designated as the person to receive statements from the State Administrative Board of Election Laws pursuant to 15-610 (b) of the State Government Article. f. Extension of time for filing. 1. Except when the judge or former judge is required to file a statement pursuant to 15-610 (b) of the State Government Article, Annotated Code of Maryland, a judge or former judge may apply to the State Court Administrator for an extension of time for filing the statement. The application shall be submitted prior to the deadline for filing the statement, and shall set forth in detail the reasons an extension is requested and the date upon which a completed statement will be filed.

2. For good cause shown, the State Court Administrator may grant a reasonable extension of time for filing the statement. Whether the State Court Administrator grants or denies the request, the State Court Administrator shall furnish the judge or former judge and the Judicial Ethics Committee with a written statement of the State Court Administrator's reasons for the decision and the facts upon which the decision is based. 3. A judge or former judge who is dissatisfied with the State Court Administrator's decision may seek review of the decision by the Judicial Ethics Committee by filing with the Committee a statement of reasons for the judge's or former judge's dissatisfaction within ten days from the date of the State Court Administrator's decision. The Committee may take the action it deems appropriate with or without a hearing or the consideration of additional documents. g. Failure to file statement -- Incomplete statement. 1. A judge or former judge who fails to file a timely statement, or who files an incomplete statement, shall be notified in writing by the State Court Administrator, and given a reasonable time, not to exceed ten days, within which to correct the deficiency. If the deficiency has not been corrected within the time allowed, the State Court Administrator shall report the matter to the on Judicial Ethics Committee. 2. If the Committee finds, after inquiry, that the failure to file or the omission of information was either inadvertent or in a good faith belief that the omitted information was not required to be disclosed, the Committee shall give the judge or former judge a reasonable period, not to exceed 15 days, within which to correct the deficiency. Otherwise, the Committee shall refer the matter to the Commission on Judicial Disabilities. If a judge or former judge who has been allowed additional time within which to correct a deficiency fails to do so within that time, the matter shall also be referred to the Commission on Judicial Disabilities. h. This rule applies to each judge of a court named in Rule 16-813, Maryland Code of Judicial Conduct, A-109 (General Provisions) who has resigned or retired in any calendar year, with respect to the portion of that calendar year prior to the judge's resignation or retirement and to each former judge with respect to the previous calendar year. HISTORY: (Added Nov. 21, 1986, effective July 1, 1987; amended Nov. 21, 1995, effective Dec. 1, 1995; June 5, 1996, effective Jan. 1, 1997; Dec. 2, 2004, effective July 1, 2005; Dec. 4, 2007, effective Jan. 1, 2008; June 7, 2011, effective July 1, 2011.) MARYLAND RULES TITLE 16. COURTS, JUDGES, AND ATTORNEYS CHAPTER 800. MISCELLANEOUS Md. Rule 16-816 (2012) Rule 16-816. Financial disclosure statement -- Judicial appointees a. For purposes of this Rule, judicial appointee means (1) a full- or part-time master, (2) a

commissioner appointed by a District Administrative Judge with the approval of the Chief Judge of the District Court of Maryland, and (3) an auditor or examiner who is full-time or who earns in any calendar year, by reason of the judicial appointee's official position, compensation at least equal to the pay provided for the base step of State Pay Grade 16, as in effect on July 1 of that calendar year. If an auditor or examiner has served as such for only a portion of a calendar year, a pro rata determination of compensation shall be applied. Cross references. -- For the definition of judicial appointee for purposes of applying the Maryland Code of Conduct for Judicial Appointees, see the Terminology section of Rule 16-814. b. Every judicial appointee shall file with the State Court Administrator an annual financial statement on the form prescribed by the Court of Appeals. When filed, a financial disclosure statement is a public record. c. Except as provided in paragraph d of this Rule: (i) The initial financial disclosure statement shall be filed on or before April 15, 1989, and shall cover the period beginning on January 1, 1988, and ending on December 31, 1988. (ii) A subsequent statement shall be filed annually on or before April 15 of each year, and shall cover the preceding calendar year or that portion of the preceding calendar year during which the judicial appointee held office. (iii) A financial disclosure statement is presumed to have been filed unless the State Court Administrator, on April 16, notifies a judicial appointee that the judicial appointee's statement for the preceding calendar year or portion thereof has not been received. d. If a judicial appointee who files a certificate of candidacy for nomination for an elected office has filed a statement pursuant to 15-605 or 15-610 (b) of the State Government Article, Annotated Code of Maryland, the judicial appointee need not file for the same period of time the statement required by paragraph c of this Rule. e. The State Court Administrator is designated as the person to receive statements from the State Administrative Board of Election Laws pursuant to 15-610 (b) of the State Government Article. f. (i) Except when the judicial appointee is required to file a statement pursuant to 15-605 or 15-610 (b) of the State Government Article, Annotated Code of Maryland, a judicial appointee may apply to the State Court Administrator for an extension of time for filing the judicial appointee's statement. The application shall be submitted prior to the deadline for filing the statement, and shall set forth in detail the reasons an extension is requested and the date upon which a completed statement will be filed. (ii) For good cause shown, the State Court Administrator may grant a reasonable extension of time for filing the statement. Whether the request is denied or approved, the State Court Administrator shall furnish the judicial appointee and the Judicial Ethics Committee with a written statement of the State Court Administrator's reasons, and the facts upon which this decision is based.

(iii) A judicial appointee who is dissatisfied with the State Court Administrator's decision may seek review by the Judicial Ethics Committee by filing with the Committee a statement of reasons for the judicial appointee's dissatisfaction within ten days from the date of the State Court Administrator's decision. The Committee may take the action it deems appropriate with or without a hearing or the consideration of additional documents. g. (i) A judicial appointee who fails to file a timely statement, or who files an incomplete statement, shall be notified in writing by the State Court Administrator, and given a reasonable time, not to exceed ten days, within which to correct the deficiency. If the deficiency has not been corrected within the time allowed, the State Court Administrator shall report the matter to the Judicial Ethics Committee. (ii) If the Committee finds, after inquiry, that failing to file or the omission of information was either inadvertent or in good faith belief that the omitted information was not required to be disclosed, the Committee shall give the judicial appointee a reasonable period, not to exceed 15 days, within which to correct the deficiency. Otherwise, the Committee shall refer the matter to the State Ethics Commission. If a judicial appointee who has been allowed additional time within which to correct a deficiency fails to do so within that time, the matter shall also be referred to the State Ethics Commission. h. Violation of this Rule is grounds for disciplinary action, including removal, by the appointing authority. HISTORY: (Added Oct. 14, 1988, effective Jan. 1, 1989; amended Nov. 21, 1995, effective Dec. 1, 1995; June 5, 1996, effective Jan. 1, 1997; Dec. 2, 2004, effective July 1, 2005; amended March 9, 2010, effective July 1, 2010.)

MARYLAND RULES TITLE 16. COURTS, JUDGES, AND ATTORNEYS CHAPTER 800. MISCELLANEOUS Md. Rule 16-817 (2012) Rule 16-817. Appointment of bail bond commissioner -- Licensing and regulation of bail bondsmen A majority of the judges of the circuit courts in any appellate judicial circuit may appoint a bail bond commissioner and license and regulate bail bondsmen and acceptance of bail bonds. Each bail bond commissioner appointed pursuant to this Rule shall prepare, maintain, and periodically distribute to all District Court commissioners and clerks within the jurisdiction of the appellate judicial circuit for posting in their respective offices, to the State Court Administrator, and to the Chief Clerk of the District Court, an alphabetical list of bail bondsmen licensed to write bail bonds within the appellate judicial circuit, showing the bail bondsman's name, business address and telephone number, and any limit on the amount of any one bond, and the aggregate limit on all

bonds, each bail bondsman is authorized to write. HISTORY: (Added Jan. 1, 1977, effective July 1, 1977; amended June 5, 1996, effective Jan. 1, 1997; Mar. 5, 2001, effective July 1, 2001.) MARYLAND RULES TITLE 16. COURTS, JUDGES, AND ATTORNEYS CHAPTER 800. MISCELLANEOUS Md. Rule 16-818 (2012) Rule 16-818. Disposition of records a. Definitions. In this Rule, unless the context or subject matter otherwise requires: 1. Dispose. "Dispose" means to either destroy or remove records. 2. Records. "Records" mean any original papers, official books, documents, files, including but not limited to dockets, electronic recordings of testimony and exhibits within the custody of the clerk of the court. Cross references. -- See Code, 9-1009 and 10-639 through 10-642 of the State Government Article. 3. Schedule. "Schedule" means the form known as the "Records Retention and Disposal Schedule" used by the Records Management Division of the Hall of Records Commission. b. Authority. Subject to the provisions of this Rule, the clerk of the court, with the written approval of the County Administrative Judge and in cooperation with the Hall of Records Commission, may dispose of records within his custody. Cross references. -- See 2-205 of the Courts Article. c. Procedure. 1. Schedule preparation -- Hall of Records recommendation. The clerk of the court shall prepare a schedule for the disposition of court records and submit it to the Hall of Records Commission for its recommendation. 2. Administrative judge -- Approval. The schedule, together with the recommendation of the Hall of Records Commission, shall be submitted for the written approval of the County Administrative Judge who may approve it in whole or in part, amend it or disapprove it. 3. Court order. Approval of the schedule by the County Administrative Judge shall be deemed an order of court providing for disposal of the records. 4. Contents of schedule. The schedule, as approved, shall set forth:

(i) The identification of the records. (ii) The length of time the records are to be retained by the clerk of the court before disposition. (iii) Whether the Hall of Records Commission declines to accept the records for preservation. (iv) Whether the records are to be destroyed or removed. (v) The place to which the records would be removed. (vi) Whether the schedule shall be "standing" viz., operative until changed by further order of court. 5. Removal procedures -- Hall of Records. In those cases where the Hall of Records Commission accepts records, they shall be removed according to the Hall of Records Commission procedures. 6. Disposal if Hall of Records declines custody. In those cases where the Hall of Records Commission declines records, disposition shall be according to the terms set forth in the schedule as approved. If the records are to be destroyed the clerk shall obtain the approval of the Board of Public Works and upon destruction shall file a certificate of destruction with the Hall of Records Commission. Cross references. -- See Code, 10-642 of the State Government Article. Committee note. -- This Rule is meant to allow periodic destruction of records without the necessity of obtaining Board of Public Works approval each time if such destruction of records or classes of records had been clearly approved by the Board of Public Works in a standing schedule. d. Limitations upon disposal of records. 1. Permanent retention -- Clerks or Hall of Records. Records which shall be retained permanently either by the clerks or the Hall of Records Commission: (i) Permanent books of account. (ii) Indices and dockets maintained by the clerks. (iii) Other records as designated on a schedule as approved. 2. Permanent retention -- Clerks. Records which shall be retained permanently by the clerk: (i) Records affecting title to real estate. 3. Records destruction after certain periods. Records which may be destroyed by the clerk after the following minimum periods of time:

(i) Motor vehicle and natural resources cases -- three years after case is closed and audit performed, if required; except for convictions of offenses which carry subsequent offender penalties which cases shall be retained as permanent records. (ii) Landlord/Tenant cases -- three years in cases involving restitution of premises where there is no money judgment. (iii) Other records -- according to times designated on a schedule as approved -- twelve years. 4. Disposal if photographed, photocopied, or microphotographed. Any of the records set forth in subsections 1, 2, and 3 of this section may be disposed of at any time provided that the records have been photographed, photocopied or microphotographed in accordance with the Hall of Records Commission procedures and copies have been substituted therefor. HISTORY: (Added June 16, 1975, effective July 1, 1975; amended Dec. 17, 1975, effective Jan. 1, 1976; May 6, 1977, effective July 1, 1977; June 5, 1996, effective Jan. 1, 1997.) MARYLAND RULES TITLE 16. COURTS, JUDGES, AND ATTORNEYS CHAPTER 800. MISCELLANEOUS Md. Rule 16-819 (2012) Rule 16-819. Court interpreters (a) Definitions. The following definitions apply in this Rule: (1) Certified interpreter. "Certified Interpreter" means an interpreter who is certified by: (A) the Maryland Administrative Office of the Courts; (B) a member of the Consortium for State Court Interpreter Certification; or (C) the Federal Administrative Office of the Courts. (2) Interpreter. "Interpreter" means an adult who has the ability to render a complete and accurate interpretation or sight translation, without altering, omitting, or adding anything to what is stated or written and without explanation. (3) Interpreter eligible for certification. "Interpreter eligible for certification" means an interpreter who is not a certified interpreter but who: (A) has submitted to the Administrative Office of the Courts a completed Maryland State Judiciary Information Form for Spoken and Sign Language Court Interpreters and a statement swearing or affirming compliance with the Maryland Code of Conduct for Court Interpreters;

(B) has attended the Maryland Judiciary's orientation workshop on court interpreting; and (C) does not have, in a state or federal court of record, a pending criminal charge or conviction on a charge punishable by a fine of more than $ 500 or imprisonment for more than six months unless pardoned or expunged in accordance with law. (4) Non-certified interpreters. "Non-certified interpreter" means an interpreter other than a certified interpreter or an interpreter eligible for certification. (5) Person who needs an interpreter. "Person who needs an interpreter" means a party or a witness who is deaf or unable adequately to understand or express himself or herself in spoken or written English. (b) Application for the appointment of an interpreter. A person who needs an interpreter may apply to the court for the appointment of an interpreter. As far as practicable, an application for the appointment of an interpreter shall be (1) presented on a form approved by administrative order of the Court of Appeals and available from the clerk of the court and (2) submitted not less than 30 days before the proceeding for which the interpreter is requested. (c) Procedures to determine the need for interpreters. (1) Sign language interpreter. The court shall determine whether a sign language interpreter is needed in accordance with the requirements of the Americans with Disabilities Act, 42 U.S.C. 12101, et seq.; Code, Courts Article, 9-114; and Code, Criminal Procedure Article, 1-202 and 3-103. (2) Spoken language interpreter. (A) Examination of party or witness. To determine whether a spoken language interpreter is needed, the court, on request or on its own initiative, shall examine a party or witness on the record. The court shall appoint a spoken language interpreter if the court determines that: (i) the party does not understand English well enough to participate fully in the proceedings and to assist counsel, or (ii) the party or a witness does not speak English well enough to be understood by counsel, the court, and the jury. (B) Scope of examination. The court's examination of the party or witness should include questions relating to: (i) identification; (ii) active vocabulary in vernacular English; and (iii) the court proceedings.

Committee note. -- Examples of matters relating to identification are: name, address, birth date, age, and place of birth. Examples of questions that elicit active vocabulary in vernacular English are: How did you come to court today? What kind of work do you do? Where did you go to school? What was the highest grade you completed? What do you see in the courtroom? Examples of questions relating to the proceedings are: What do you understand this case to be about? What is the purpose of what we are doing here in court? What can you tell me about the rights of the parties to a court case? What are the responsibilities of a court witness? Questions should be phrased to avoid "yes or no" replies. (d) Selection and appointment of interpreters. (1) Certified interpreter required; exceptions. When the court determines that an interpreter is needed, the court shall make a diligent effort to obtain the services of a certified interpreter. If a certified interpreter is not available, the court shall make a diligent effort to obtain the services of an interpreter eligible for certification. The court may appoint a non-certified interpreter only if neither a certified interpreter nor an interpreter eligible for certification is available. A person related by blood or marriage to a party or to the person who needs an interpreter may not act as an interpreter. Committee note. -- The court should be cautious about appointing a non-certified interpreter and should consider carefully the seriousness of the case and the availability of resources before doing so. (2) Inquiry of prospective interpreter. Before appointing an interpreter under this Rule, the court shall conduct an appropriate inquiry of the prospective interpreter on the record. Committee note. -- The court should use the interpreter inquiry questions promulgated by the Maryland Judicial Conference Advisory Committee on Interpreters and published, together with suggested responses, in the October 20, 1998 Report of the Advisory Committee. The questions and suggested responses are reprinted as an Appendix to these Rules. (3) Oath. Upon appointment by the court and before acting as an interpreter in the proceeding, the interpreter shall solemnly swear or affirm under the penalties of perjury to interpret accurately, completely, and impartially and to refrain from knowingly disclosing confidential or privileged information obtained while serving in the proceeding. If the interpreter is to serve in a grand jury proceeding, the interpreter also shall take and subscribe an oath that the interpreter will keep secret all matters and things occurring before the grand jury. (4) Multiple interpreters in the same language. At the request of a party or on its own initiative, the court may appoint more than one interpreter in the same language to ensure the accuracy of the interpretation or to preserve confidentiality if: (A) the proceedings are expected to exceed three hours; (B) the proceedings include complex issues and terminology or other such challenges; or

(C) an opposing party requires an interpreter in the same language. Committee note. -- To ensure accurate interpretation, after interpreting for a period of forty-five minutes, an interpreter ordinarily should be granted a reasonable rest period. (e) Removal from proceeding. A court interpreter may be removed from a proceeding by a judge or judicial appointee within the meaning of Rule 16-814 (e)(1), who shall then notify the Administrative Office of the Courts that the action was taken. (f) Compensation of court interpreters. Compensation for interpreters shall be in accordance with Code, Criminal Procedure Article, 1-202 and 3-103 and Code, Courts Article, 9-114. HISTORY: (Added Oct. 31, 2002, effective Jan. 1, 2003; Amended April 5, 2005, effective July 1, 2005; May 8, 2007, effective July 1, 2007; amended Sept. 10, 2009, effective Oct. 1, 2009.) MARYLAND RULES TITLE 16. COURTS, JUDGES, AND ATTORNEYS CHAPTER 800. MISCELLANEOUS Md. Rule 16-821 (2012) Rule 16-821. Performance of marriage ceremonies by judges -- Applicability of rules Rules 16-821 through 16-824 apply to all Maryland judges of the District Court, a circuit court, the Court of Special Appeals, and the Court of Appeals, including retired judges approved for recall pursuant to Maryland Constitution, Article IV, 3A and Code, Courts Article, 1-302, who wish to perform marriage ceremonies. HISTORY: (Added Nov. 12, 2003, effective Jan. 1, 2004; amended April 5, 2005, effective July 1, 2005.) MARYLAND RULES TITLE 16. COURTS, JUDGES, AND ATTORNEYS CHAPTER 800. MISCELLANEOUS Md. Rule 16-822 (2012) Rule 16-822. Scheduling (a) Clerk's responsibilities. A judge who has agreed to perform a marriage ceremony shall notify the clerk of the circuit court for the county in which the ceremony is to take place. The clerk is responsible for recording and reporting the marriage. The parties are responsible for making all other arrangements. Committee note. -- Except for communications necessary to determine a judge's willingness and availability to perform the ceremony, a judge's staff should not be used to make arrangements for a marriage ceremony.

(b) Non-interference with court functions. Ceremonies shall be scheduled so as not to interfere with the prompt disposition of cases and other judicial and administrative duties of the judge, and the use of public resources shall be reasonable and consistent with the security of the courthouse. (c) Place of ceremony. A judge may perform a marriage ceremony at a location other than in a Courthouse. (d) Time of ceremony. A judge may perform a marriage ceremony at any time, including on a court holiday or after regular court hours. HISTORY: (Added Nov. 12, 2003, effective Jan. 1, 2004.) MARYLAND RULES TITLE 16. COURTS, JUDGES, AND ATTORNEYS CHAPTER 800. MISCELLANEOUS Md. Rule 16-823 (2012) Rule 16-823. Judicial action (a) Ceremony. A judge who performs a marriage ceremony shall include substantially the form of ceremony used by the clerk of the circuit court for the county where the marriage is to be performed. If the parties request, and the judge agrees, the ceremony may include reference to matters not typically found in the clerk's ceremony. A judge may participate in performing a marriage ceremony with another person authorized under Maryland law to perform marriage ceremonies. (b) License. A judge may not perform a marriage ceremony unless a license has been issued by the clerk of the circuit court in the county where the ceremony is to be performed. A judge who performs a marriage ceremony shall (1) complete the certificate of marriage, (2) provide a copy of the certificate to the parties, and (3) return the completed certificate to the issuing clerk of court for recordation and reporting of the marriage as required by law. A judge who grants a request for the issuance of a marriage license under Code, Family Law Article, 2-405 (d) also may perform the marriage. (c) Refusal to perform ceremony. A judge may decline to perform a marriage ceremony. HISTORY: (Added Nov. 12, 2003, effective Jan. 1, 2004.) MARYLAND RULES TITLE 16. COURTS, JUDGES, AND ATTORNEYS CHAPTER 800. MISCELLANEOUS Md. Rule 16-824 (2012) Rule 16-824. Restrictions

(a) Judge's own ceremony. A judge may not perform his or her own marriage ceremony. (b) Compensation. A judge may receive no compensation, remuneration, or gift for performing a marriage ceremony. Committee note. -- See Code, Family Law Article, 2-410, as to the fees a clerk or deputy clerk shall collect for performing a marriage ceremony. (c) Advertising or other solicitations. A judge may not give or offer to give any reward to any person as an inducement to have the judge perform a marriage ceremony. A judge may not advertise or otherwise solicit individuals contemplating marriage to choose the judge to perform the ceremony. HISTORY: (Added Nov. 12, 2003, effective Jan. 1, 2004; amended March 9, 2010, effective July 1, 2010.) MARYLAND RULES TITLE 16. COURTS, JUDGES, AND ATTORNEYS CHAPTER 900. PRO BONO LEGAL SERVICE Md. Rule 16-901 (2012) Rule 16-901. State Pro Bono Committee and Plan (a) Standing Committee on Pro Bono Legal Service. (1) Creation. There is a Standing Committee of the Court of Appeals on Pro Bono Legal Service. (2) Members. The Standing Committee consists of the following members appointed by the Court of Appeals: (A) eight members of the Maryland Bar, including one from each appellate judicial circuit and one selected from the State at large; (B) a maximum of three Circuit Court judges selected from nominees submitted by the Conference of Circuit Judges; (C) a maximum of three District Court judges selected from nominees submitted by the Chief Judge of the District Court; (D) the Public Defender or a designee of the Public Defender; (E) a representative from the Legal Aid Bureau, Maryland Volunteer Lawyers Service, Pro Bono Resource Center of Maryland, and one other pro bono referral organization; and (F) a member of the general public.

(3) Terms; chair. The term of each member is three years. A member may be reappointed to serve one or more additional terms. The Court of Appeals shall designate one of the members as chair. (4) Consultants. The Standing Committee may designate a reasonable number of consultants from among court personnel or representatives of other organizations or agencies concerned with the provision of legal services to persons of limited means. (b) Functions of the Standing Committee. (1) Required. The Standing Committee shall: (A) develop standard forms for use by the Local Pro Bono Committees in developing and articulating the Local Pro Bono Action Plans and making their annual reports; (B) recommend uniform standards for use by the Local Pro Bono Committees to assess the need for pro bono legal services in their communities; (C) review and evaluate the Local Pro Bono Action Plans and the annual reports of the Local Pro Bono Committees; (D) collect and make available to Local Pro Bono Committees information about pro bono projects; (E) at the request of a Local Pro Bono Committee, provide guidance about the Rules in this Chapter and Rule 6.1 of the Maryland Lawyers' Rules of Professional Conduct; (F) file with the Court of Appeals an annual report and recommendations about the implementation and effectiveness of the Local Pro Bono Action Plans, the Rules in this Chapter, and Rule 6.1 of the Maryland Lawyers' Rules of Professional Conduct; and (G) prepare a State Pro Bono Action Plan as provided in section (c) of this Rule. (2) Permitted. The Standing Committee may make recommendations to the Court of Appeals concerning the appointment and reappointment of its members. (c) State Pro Bono Action Plan. (1) Generally. Within three years after the effective date of this Rule, the Standing Committee shall submit to the Court of Appeals a State Pro Bono Action Plan to promote increased efforts on the part of lawyers to provide legal assistance to persons of limited means. In developing the Plan, the Standing Committee shall: (A) review and assess the results of the Local Pro Bono Action Plans; (B) assess the data generated by the reports required by Rule 16-903;

(C) gather and consider information pertinent to the existence, nature, and extent of the need for pro bono legal services in Maryland; and (D) provide the opportunity for one or more public hearings. (2) Contents. The State Pro Bono Action Plan may include a recommendation for increasing or decreasing the aspirational goals for pro bono publico legal service set forth in Rule 6.1 of the Maryland Lawyers' Rules of Professional Conduct. The Plan should include suggestions for the kinds of pro bono activities that will be most helpful in meeting the need for pro bono legal service throughout the State and should address long-range pro bono service issues. Committee note. -- Examples of long-range issues that may be addressed include opportunities for transactional lawyers, government lawyers, business lawyers, and in-house counsel to render pro bono legal service; opportunities for pro bono legal service by lawyers who are unable to provide direct client representation; "collective responsibility" for pro bono legal service when a law firm designates certain lawyers to handle only pro bono matters; and encouraging pro bono legal service among law students and in the legal academic setting. (d) Publication. The Clerk of the Court of Appeals shall cause the State Action Plan submitted by the Standing Committee to be published in the Maryland Register and such other publications as the Court directs and shall establish a reasonable period for public comment. (e) Consideration by the Court of Appeals. After the comment period, the Court of Appeals shall hold a public hearing and take appropriate action on the Plan. HISTORY: (Added April 9, 2002, effective July 1, 2002; amended October 20, 2010, effective October 20, 2010.) MARYLAND RULES TITLE 16. COURTS, JUDGES, AND ATTORNEYS CHAPTER 900. PRO BONO LEGAL SERVICE Md. Rule 16-902 (2012) Rule 16-902. Local Pro Bono Committees and Plans (a) Local Pro Bono Committees. (1) Creation. There is a Local Pro Bono Committee for each county. (2) Members. The Local Pro Bono Committee consists of at least two representatives nominated by legal services organizations and pro bono referral organizations that provide services in the county and selected by the County Administrative Judge and the District Administrative Judge, and no more than nine additional members, as follows: (A) the District Public Defender for the county or an assistant public defender selected by the

District Public Defender; (B) at least three but no more than five lawyers, appointed by the president of the county bar association, who practice in the county and at least one of whom is an officer of the county bar association; (C) at least one but no more than two persons from the general public, appointed jointly by the County Administrative Judge and the District Administrative Judge; and (D) at least one but no more than two trial court judges, with the selection of any circuit court judge made by the County Administrative Judge and the selection of any District Court judge made by the County Administrative Judge with the concurrence of the Chief Judge of the District Court. (3) Term. Each Committee shall establish a procedure for new membership, including articulating length of terms, to ensure member rotation and involvement. (4) Chair. The County Administrative Judge shall appoint a member of the Committee to serve as temporary chair. The temporary chair shall convene a meeting at which the Committee shall elect a member to serve as chair. Each Committee shall establish a procedure by which its chair will be replaced. (5) Full Membership. On at least an annual basis, the County Administrative Judge shall assess the composition of the Committee and take steps to ensure full membership of the Committee. (6) Consultants. The Committee may designate a reasonable number of consultants from among court personnel or representatives of other organizations or agencies concerned with the provision of legal services to persons of limited means. Each consultant should be encouraged to attend meetings and participate as a member, providing input and assisting in the development and implementation of the plan, where appropriate, without being a voting member of the Committee. (b) Duties of the Committee. (1) The local pro bono committee shallassess the needs in the county for pro bono legal service, including the needs of non-English speaking, minority, and isolated populations; (2) determine the nature and extent of existing and proposed free or low-cost legal services, both staff and volunteer, for persons of limited means in the county; (3) establish goals and priorities for pro bono legal service in the county; (4) prepare a Local Pro Bono Action Plan as provided in section (c) of this Rule; (5) in accordance with the policies and directives established by the Standing Committee or the Court of Appeals, implement or monitor the implementation of the Plan; and (6) submit an annual report about the Plan to the Standing Committee by May 1.

(c) Local Pro Bono Action Plans. (1) Generally. The Local Pro Bono Committee shall develop, in coordination with existing legal services organizations and pro bono referral organizations that provide services in the county, a detailed Local Pro Bono Action Plan to promote pro bono legal service to meet the needs of persons of limited means in the county. The Plan shall be submitted to the Standing Committee within one year after creation of the Local Committee. The Local Pro Bono Committees of two or more adjoining counties may collaborate and form a Regional Pro Bono Committee with approval of the Administrative Judges of the counties that wish to collaborate. With the approval of the Standing Committee, a single joint Pro Bono Action Plan may be developed for two or more adjoining counties, by collaboration of the Local Pro Bono Committees. (2) Contents. The Local Pro Bono Action Plan shall address the following matters: (A) screening applicants for pro bono representation and referring them to appropriate referral sources or panels of participating attorneys; (B) establishing or expanding attorney referral panels; (C) continuing and supporting current services provided by existing pro bono and legal services organizations; (D) a procedure for matching cases with individual attorney expertise, including specialized panels; (E) support for participating attorneys, including (i) providing litigation resources and out-of-pocket expenses for pro bono cases; (ii) providing or supplementing legal malpractice insurance for participating attorneys; (iii) providing legal education and training for participating attorneys in specialized areas of the law relevant to pro bono legal service, including consultation services with attorneys who have expertise in areas of law in which participating attorneys seek to provide pro bono service; and (iv) recommending court scheduling and docketing preferences for pro bono cases; (F) methods of informing lawyers about the ways in which they may provide pro bono legal service; Committee note. -- Ways in which lawyers may provide pro bono legal service include assisting in the screening and intake process; interviewing prospective clients and providing basic consultation; participating in self-represented clinics or other programs in which lawyers provide advice and counsel, assist persons in drafting letters or documents, or assist persons in planning transactions or resolving disputes without the need for litigation; representing clients through case

referral; acting as co-counsel with legal service providers or other participating attorneys; providing consultation to legal service providers for case reviews and evaluations; training or consulting with other participating attorneys or staff attorneys affiliated with a legal service provider; engaging in legal research and writing; and, if qualified through training and experience, serving as a mediator, arbitrator, or neutral evaluator. (G) coordinating implementation of the Plan with the courts, county bar associations, and other agencies and organizations; (H) the number of hours of pro bono legal services needed annually to meet the needs of persons of limited means in the county; and (I) programs to recognize lawyers who provide pro bono legal services. HISTORY: (Added April 9, 2002, effective July 1, 2002; April 10, 2007, effective July 1, 2007; September 8, 2011, effective January 1, 2012.) MARYLAND RULES TITLE 16. COURTS, JUDGES, AND ATTORNEYS CHAPTER 900. PRO BONO LEGAL SERVICE Md. Rule 16-903 (2012) Rule 16-903. Reporting Pro Bono Legal Service (a) Required as a condition of practice. As a condition precedent to the practice of law, each lawyer admitted to practice in Maryland shall file annually with the Administrative Office of the Courts, in accordance with this Rule, a Pro Bono Legal Service Report on a form approved by the Court of Appeals. The form shall not require the identification of pro bono clients. Committee note. -- The purpose of pro bono legal service reporting is to document the pro bono legal service performed by lawyers in Maryland and determine the effectiveness of the Local Pro Bono Action Plans, the State Pro Bono Action Plan, the Rules in this Chapter, and Rule 6.1 of the Maryland Lawyers' Rules of Professional Conduct. (b) Oversight of the reporting process. The Court of Appeals shall designate an employee of the Administrative Office of the Courts to oversee the reporting process set forth in this Rule. (c) Mailing by the Administrative Office of the Courts. On or before January 10 of each year, the Administrative Office of the Courts shall mail a Pro Bono Legal Service Report form to each lawyer on the list maintained by the Client Protection Fund of the Bar of Maryland. The addresses on that list shall be used for all notices and correspondence pertaining to the reports. (d) Due date. Pro Bono Legal Service Reports for a given calendar year shall be filed with the Administrative Office of the Courts on or before February 15 of the following calendar year. (e) Enforcement.

(1) Notice of default. As soon as practicable after May 1 of each year, the Administrative Office of the Courts shall notify each defaulting lawyer of the lawyer's failure to file a report. The notice shall (A) state that the lawyer has not filed the Pro Bono Legal Service Report for the previous calendar year, (B) state that continued failure to file the Report may result in the entry of an order by the Court of Appeals prohibiting the lawyer from practicing law in the State, and (C) be sent by first class mail. The mailing of the notice of default shall constitute service. (2) Additional discretionary notice of default. In addition to the mailed notice, the Administrative Office of the Courts may give additional notice to defaulting lawyers by any of the means enumerated in Rule 16-811 f 3. (3) List of defaulting lawyers. As soon as practicable after July 1 of each year but no later than August 1, the Administrative Office of the Courts shall prepare, certify, and file with the Court of Appeals a list that includes the name and address of each lawyer engaged in the practice of law who has failed to file the Pro Bono Legal Service Report for the previous year. (4) Certification of default; Order of Decertification. The Administrative Office of the Courts shall submit with the list a proposed Decertification Order stating the names and addresses of those lawyers who have failed to file their Pro Bono Legal Service Reports for the specified calendar year. At the request of the Court of Appeals, the Administrative Office ofthe Courts also shall furnish additional information from its records or give further notice to the defaulting lawyers. If satisfied that the Administrative Office of the Courts has given the required notice to each lawyer named on the proposed Decertification Order, the Court of Appeals shall enter a Decertification Order prohibiting each of them from practicinglaw in the State. (5) Mailing of Decertification Order. The Administrative Office of the Courts shall mail by first class mail a copy of the Decertification Order to each lawyer named in the Order. The mailing of the copy of the Decertification Order shall constitute service. (6) Recertification; restoration to good standing. If a lawyer thereafter files the outstanding Pro Bono Legal Service Report, the Administrative Office of the Courts shall request the Court of Appeals to enter an order that recertifies the lawyer and restores the lawyer to good standing. Upon entry of that order, the Administrative Office of the Courts promptly shall furnish confirmation to the lawyer. After a lawyer is recertified, the fact that the lawyer had been decertified need not be disclosed by the lawyer in response to a request for information as to whether the lawyer has been the subject of a disciplinary or remedial proceeding. (7) Notices to Clerks. The Clerk of the Court of Appeals shall send a copy of each Decertification Order and each order that recertifies a lawyer and restores the lawyer to good standing entered pursuant to this Rule to the Clerk of the Court of Special Appeals, the Clerk of each circuit court, the Chief Clerk of the District Court, and the Register of Wills for each county. (f) Certain Information Furnished to the Standing Committee on Pro Bono Legal Service. The Administrative Office of the Courts shall submit promptly to the Standing Committee on Pro Bono Legal Service a compilation of non-identifying information and data from the Pro Bono Legal

Service Reports. (g) Confidentiality. Pro Bono Legal Service Reports are confidential and are not subject to inspection or disclosure under Code, State Government Article, 10-615 (2) (iii). The Administrative Office of the Courts shall not release the Reports to any person or agency, except upon order of the Court of Appeals. Nonidentifying information and data contained in a lawyer's Pro Bono Legal Service Report are not confidential. HISTORY: (Added Apr. 9, 2002, effective July 1, 2002; May 8, 2007, effective July 1, 2007; amended Sept. 10, 2009, effective Oct. 1, 2009.) MARYLAND RULES TITLE 16. COURTS, JUDGES, AND ATTORNEYS CHAPTER 1000. ACCESS TO COURT RECORDS Md. Rule 16-1001 (2012) Rule 16-1001. Definitions In this Chapter, the following definitions apply except as expressly otherwise provided or as necessary implication requires. (a) Administrative record. (1) Except as provided in subsection (a)(3) of this Rule, "administrative record" means a record that: (A) pertains to the administration of a court, another judicial agency, or the judicial system of the State; and (B) is not otherwise a case record. (2) "Administrative record" includes: (A) a rule adopted by a court pursuant to Rule 1-102; (B) an administrative order, policy, or directive that governs the operation of a court, including an order, policy, or directive that determines the assignment of one or more judges to particular divisions of the court or particular kinds of cases; (C) an analysis or report, even if derived from court records, that is: (i) prepared by or for a court or other judicial agency; (ii) used by the court or other judicial agency for purposes of judicial administration; and (iii) not filed, and not required to be filed, with the clerk of a court.

(D) a jury plan adopted by a court; (E) a case management plan adopted by a court; (F) an electronic filing plan adopted by a court; and (G) an administrative order issued by the Chief Judge of the Court of Appeals pursuant to Rule 16-1002. (3) "Administrative record" does not include a document or information gathered, maintained, or stored by a person or entity other than a court or other judicial agency, to which a court or other judicial agency has access but which is not a case record. (b) Business license record. (1) "Business license record" means a court record pertaining to an application for a business license issued by the clerk of a court, and includes the application for the license and a copy of the license. (2) "Business license record" does not include a court record pertaining to a marriage license. (c) Case record. (1) Except as otherwise provided in this Rule, "case record" means: (A) a document, information, or other thing that is collected, received, or maintained by a court in connection with one or more specific judicial actions or proceedings; (B) a copy of a marriage license issued and maintained by the court, including, after the license is issued, the application for the license; (C) a miscellaneous record filed with the clerk of the court pursuant to law that is not a notice record. (2) "Case record" does not include a document or information described in subsection (a)(3) of this Rule. (d) Court. "Court" means the Court of Appeals of Maryland, the Court of Special Appeals, a circuit court, the District Court of Maryland, and an orphans' court of Maryland. (e) Court record. "Court record" means a record that is: (1) an administrative record; (2) a business license record;

(3) a case record; or (4) a notice record. (f) Custodian. "Custodian" means: (1) the clerk of a court; and (2) any other authorized individual who has physical custody and control of a court record. (g) Individual. "Individual" means a human being. (h) Judicial agency. "Judicial agency" means a unit within the Judicial Branch of the Maryland Government. (i) Notice record. "Notice record" means a record that is filed with a court pursuant to statute for the principal purpose of giving public notice of the record. It includes deeds, mortgages, and other documents filed among the land records; financing statements filed pursuant to Code, Commercial Law Article, Title 9; and tax and other liens filed pursuant to statute. (j) Person. "Person" means an individual, sole proprietorship, partnership, firm, association, corporation, or other entity. (k) Remote access. "Remote access" means the ability to inspect, search, or copy a court record by electronic means from a location other than the location where the record is stored. HISTORY: (Added Mar. 4, 2004, effective Oct. 1, 2004.) MARYLAND RULES TITLE 16. COURTS, JUDGES, AND ATTORNEYS CHAPTER 1000. ACCESS TO COURT RECORDS Md. Rule 16-1002 (2012) Rule 16-1002. General policy (a) Presumption of openness. Court records maintained by a court or by another judicial agency are presumed to be open to the public for inspection. Except as otherwise provided by or pursuant to the Rules in this Chapter, the custodian of a court record shall permit a person, upon personal appearance in the office of the custodian during normal business hours, to inspect the record. (b) Protection of records. To protect court records and prevent unnecessary interference with the official business and duties of the custodian and other court personnel, (1) a clerk is not required to permit inspection of a case record filed with the clerk for docketing in a judicial action or a notice record filed for recording and indexing until the document has been

docketed or recorded and indexed; and (2) the Chief Judge of the Court of Appeals, by administrative order, a copy of which shall be filed with and maintained by the clerk of each court, may adopt procedures and conditions, not inconsistent with the Rules in this Chapter, governing the timely production, inspection, and copying of court records. Committee note. -- It is anticipated that, by Administrative Order, entered pursuant to section (b) of this Rule, the Chief Judge of the Court of Appeals will direct that, if the clerk does not permit inspection of a notice record prior to recording and indexing of the record, (1) persons filing a notice record for recording and indexing include a separate legible copy of those pages of the document necessary to identify the parties to the transaction and the property that is the subject of the transaction and (2) the clerk date stamp that copy and maintain it in a separate book that is subject to inspection by the public. (c) Exhibit attached to motion or marked for identification. Unless a judicial action is not open to the public or the court expressly orders otherwise, a court record that consists of an exhibit (1) attached to a motion that has been ruled upon by the court or (2) marked for identification at trial, whether or not offered in evidence, and if offered, whether or not admitted, is subject to inspection, notwithstanding that the record otherwise would not have been subject to inspection under the Rules in this Chapter. Cross references. -- Rule 2-516. (d) Fees. (1) In this Rule, "reasonable fee" means a fee that bears a reasonable relationship to the actual or estimated costs incurred or likely to be incurred in providing the requested access. (2) Unless otherwise expressly permitted by the Rules in this Chapter, a custodian may not charge a fee for providing access to a court record that can be made available for inspection, in paper form or by electronic access, with the expenditure of less than two hours of effort by the custodian or other judicial employee. (3) A custodian may charge a reasonable fee if two hours or more of effort is required to provide the requested access. (4) The custodian may charge a reasonable fee for making or supervising the making of a copy or printout of a court record. (5) The custodian may waive a fee if, after consideration of the ability of the person requesting access to pay the fee and other relevant factors, the custodian determines that the waiver is in the public interest. (e) New court records.

(1) Except as expressly required by other law and subject to Rule 16-1008, neither a custodian nor a court or other judicial agency is required by the Rules in this Chapter to index, compile, reformat, program, or reorganize existing court records or other documents or information to create a new court record not necessary to be maintained in the ordinary course of business. The removal, deletion, or redaction from a court record of information not subject to inspection under the Rules in this Chapter in order to make the court record subject to inspection does not create a new record within the meaning of this Rule. (2) If a custodian, court, or other judicial agency (A) indexes, compiles, re-formats, programs, or reorganizes existing court records or other documents or information to create a new court record, or (B) comes into possession of a new court record created by another from the indexing, compilation, re-formatting, programming, or reorganization of other court records, documents, or information, and there is no basis under the Rules in this Chapter to deny inspection of that new court record or some part of that court record, the new court record or a part for which there is no basis to deny inspection shall be subject to inspection. (f) Access by judicial employees, parties, and counsel of record. The Rules in this Chapter address access to court records by the public at large. The Rules do not limit access to court records by judicial officials or employees in the performance of their official duties, or to a case record by a party or counsel of record in the action. HISTORY: (Added Mar. 4, 2004, effective Oct. 1, 2004; amended March 7, 2006, effective July 1, 2006; May 8, 2007, effective July 1, 2007.) MARYLAND RULES TITLE 16. COURTS, JUDGES, AND ATTORNEYS CHAPTER 1000. ACCESS TO COURT RECORDS Md. Rule 16-1003 (2012) Rule 16-1003. Copies (a) Except as otherwise expressly provided by law, a person who is entitled to inspect a court record is entitled to have a copy or printout of the court record. The copy or printout may be in paper form or, subject to Rule 16-1008 (a)(3), in electronic form. (b) To the extent practicable, a copy or printout in paper form shall be made where the court record is kept and while the court record is in the custody of the custodian. HISTORY: (Added Mar. 4, 2004, effective Oct. 1, 2004.) MARYLAND RULES TITLE 16. COURTS, JUDGES, AND ATTORNEYS CHAPTER 1000. ACCESS TO COURT RECORDS Md. Rule 16-1004 (2012)

Rule 16-1004. Access to notice, administrative, and business license records (a) Notice records. A custodian may not deny inspection of a notice record that has been recorded and indexed by the clerk. (b) Administrative and business license records. (1) Except as otherwise provided by the Rules in this Chapter, the right to inspect administrative and business license records is governed by Code, State Government Article, 10-611 through 10-626. (2) (A) A custodian shall deny inspection of an administrative record used by the jury commissioner in the jury selection process, except (i) as a trial judge orders in connection with a challenge under Code, Courts Article, 8-408 and 8-409; and (ii) as provided in (B) and (C) of this subsection. (B) A custodian shall, upon request, disclose the names and zip codes of the sworn jurors contained on a jury list after the jury has been impaneled and sworn, unless otherwise ordered by the trial judge. (C) After a source pool of qualified jurors has been emptied and re-created in accordance with Code, Courts Article, 8-207, and after every person selected to serve as a juror from that pool has completed the person's service, a trial judge shall, upon request, disclose the name, zip code, age, sex, education, occupation, and spouse's occupation of each person whose name was selected from that pool and placed on a jury list, unless, in the interest of justice, the trial judge determines that this information remain confidential in whole or in part. (D) A jury commissioner may provide jury lists to the Health Care Alternative Dispute Resolution Office as required by that Office in carrying out its duties, subject to that Office adopting regulations to ensure against improper dissemination of juror data. (E) At intervals acceptable to the jury commissioner, a jury commissioner shall provide the State Board of Elections and State Motor Vehicle Administration with data about prospective, qualified, or sworn jurors needed to correct erroneous or obsolete information, such as that related to a death or change of address, subject to the Board's and Administration's adoption of regulations to ensure against improper dissemination of juror data. (c) Personnel records -- Generally. Except as otherwise permitted by the Maryland Public Information Act or by this Rule, a custodian shall deny to a person other than the person who is the subject of the record inspection of the personnel records of an employee of the court or other judicial agency or of an individual who has applied for employment with the court or other judicial agency. The following records or information are not subject to this exclusion and shall be open to inspection: (1) The full name of the individual;

(2) The date of the application for employment and the position for which application was made; (3) The date employment commenced; (4) The name, location, and telephone number of the court or judicial agency to which the individual has been assigned; (5) The current and previous job titles and salaries of the individual during employment by the court or judicial agency; (6) The name of the individual's current supervisor; (7) The amount of monetary compensation paid to the individual by the court or judicial agency and a description of any health, insurance, or other fringe benefit that the individual is entitled to receive from the court or judicial agency; (8) Unless disclosure is prohibited by law, other information authorized by the individual to be released; and (9) A record that has become a case record. (d) Personnel records -- Retirement. Unless inspection is permitted under the Maryland Public Information Act or the record has become a case record, a custodian shall deny inspection of a retirement record of an employee of the court or other judicial agency. (e) Certain administrative records. A custodian shall deny inspection of the following administrative records: (1) Judicial work product, including drafts of documents, notes, and memoranda prepared by a judge or other court personnel at the direction of a judge and intended for use in the preparation of a decision, order, or opinion; (2) An administrative record that is: (A) prepared by or for a judge or other judicial personnel; (B) either (i) purely administrative in nature but not a local rule, policy, or directive that governs the operation of the court or (ii) a draft of a document intended for consideration by the author or others and not intended to be final in its existing form; and (C) not filed with the clerk and not required to be filed with the clerk. HISTORY: (Added Mar. 4, 2004, effective Oct. 1, 2004; Dec. 4, 2007, effective Jan. 1, 2008.)

MARYLAND RULES TITLE 16. COURTS, JUDGES, AND ATTORNEYS CHAPTER 1000. ACCESS TO COURT RECORDS Md. Rule 16-1005 (2012) Rule 16-1005. Case records -- Required denial of inspection -- In general (a) A custodian shall deny inspection of a case record or any part of a case record if inspection would be contrary to: (1) The Constitution of the United States, a Federal statute, or a Federal regulation adopted under a Federal statute and having the force of law; (2) The Maryland Constitution; (3) A provision of the Maryland Public Information Act that is expressly adopted in the Rules in this Chapter; (4) A rule adopted by the Court of Appeals; or (5) An order entered by the court having custody of the case record or by any higher court having jurisdiction over (A) the case record, or (B) the person seeking inspection of the case record. (b) Unless inspection is otherwise permitted by the Rules in this Chapter, a custodian shall deny inspection of a case record or any part of a case record if inspection would be contrary to a statute enacted by the Maryland General Assembly, other than the Maryland Public Information Act (Code, State Government Article, 10-611 through 10-626), that expressly or by necessary implication applies to a court record. HISTORY: (Added Mar. 4, 2004, effective Oct. 1, 2004.) MARYLAND RULES TITLE 16. COURTS, JUDGES, AND ATTORNEYS CHAPTER 1000. ACCESS TO COURT RECORDS Md. Rule 16-1006 (2012) Rule 16-1006. Required denial of inspection -- Certain categories of case records Except as otherwise provided by law, court order, or the Rules in this Chapter, the custodian shall deny inspection of:

(a) All case records filed in the following actions involving children: (1) Actions filed under Title 9, Chapter 100 of the Maryland Rules for: (A) Adoption; (B) Guardianship; or (C) To revoke a consent to adoption or guardianship for which there is no pending adoption or guardianship proceeding in that county. (2) Delinquency, child in need of assistance, and child in need of supervision actions in Juvenile Court, except that, if a hearing is open to the public pursuant to Code, Courts Article, 3-8A-13 (f), the name of the respondent and the date, time, and location of the hearing are open to inspection. (b) The following case records pertaining to a marriage license: (1) A certificate of a physician or certified nurse practitioner filed pursuant to Code, Family Law Article, 2-301, attesting to the pregnancy of a child under 18 years of age who has applied for a marriage license. (2) Until a license becomes effective, the fact that an application for a license has been made, except to the parent or guardian of a party to be married. Cross references. -- See Code, Family Law Article, 2-402 (f). (c) Case records pertaining to petitions for relief from abuse filed pursuant to Code, Family Law Article, 4-504, which shall be sealed until the earlier of 48 hours after the petition is filed or the court acts on the petition. (d) In any action or proceeding, a record created or maintained by an agency concerning child abuse or neglect that is required by statute to be kept confidential. Committee note. -- Statutes that require child abuse or neglect records to be kept confidential include Code, Human Services Article, 1-202 and 1-203 and Code, Family Law Article, 5707. (e) The following case records in actions or proceedings involving attorneys or judges: (1) Records and proceedings in attorney grievance matters declared confidential by Rule 16-723 (b). (2) Case records with respect to an investigative subpoena issued by Bar Counsel pursuant to Rule 16-732;

(3) Subject to the provisions of Rule 19 (b), (c), and (d) of the Rules Governing Admission to the Bar, case records relating to bar admission proceedings before the Accommodations Review Committee and its panels, a Character Committee, the State Board of Law Examiners, and the Court of Appeals. (4) Case records consisting of IOLTA Compliance Reports filed by an attorney pursuant to Rule 16-608 and Pro Bono Legal Service Reports filed by an attorney pursuant to Rule 16-903. (5) Case records relating to a motion filed with respect to a subpoena issued by Investigative Counsel for the Commission on Judicial Disabilities pursuant to Rule 16-806. (f) The following case records in criminal actions or proceedings: (1) A case record that has been ordered expunged pursuant to Rule 4-508. (2) The following case records pertaining to search warrants: (A) The warrant, application, and supporting affidavit, prior to execution of the warrant and the filing of the records with the clerk. (B) Executed search warrants and all papers attached thereto filed pursuant to Rule 4-601. (3) The following case records pertaining to an arrest warrant: (A) A case record pertaining to an arrest warrant issued under Rule 4-212 (d) and the charging document upon which the warrant was issued until the conditions set forth in Rule 4-212 (d)(3) are satisfied. (B) Except as otherwise provided in Code, State Government Article, 10-616 (q), a case record pertaining to an arrest warrant issued pursuant to a grand jury indictment or conspiracy investigation and the charging document upon which the arrest warrant was issued. (4) A case record maintained under Code, Courts Article, 9-106, of the refusal of a person to testify in a criminal action against the person's spouse. (5) A presentence investigation report prepared pursuant to Code, Correctional Services Article, 6-112. (6) A case record pertaining to a criminal investigation by (A) a grand jury, (B) a State's Attorney pursuant to Code, Criminal Procedure Article, 15-108, or (C) the State Prosecutor pursuant to Code, Criminal Procedure Article, 14-110. Committee note. -- Although this Rule shields only case records pertaining to a criminal investigation, there may be other laws that shield other kinds of court records pertaining to such investigations. This Rule is not intended to affect the operation or effectiveness of any such other law.

(g) A transcript, tape recording, audio, video, or digital recording of any court proceeding that was closed to the public pursuant to rule or order of court. (h) Backup audio recordings made by any means, computer disks, and notes of a court reporter that are in the possession of the court reporter and have not been filed with the clerk. (i) The following case records containing medical information: (1) A case record, other than an autopsy report of a medical examiner, that (A) consists of a medical or psychological report or record from a hospital, physician, psychologist, or other professional health care provider, and (B) contains medical or psychological information about an individual. (2) A case record pertaining to the testing of an individual for HIV that is declared confidential under Code, Health-General Article, 18-338.1 or 18-338.2. (3) A case record that consists of information, documents, or records of a child fatality review team, to the extent they are declared confidential by Code, Health-General Article, 5-709. (4) A case record that contains a report by a physician or institution concerning whether an individual has an infectious disease, declared confidential under Code, Health-General Article, 18-201 or 18-202. (5) A case record that contains information concerning the consultation, examination, or treatment of a developmentally disabled person, declared confidential by Code, Health-General Article, 71003. (6) A case record relating to a petition for an emergency evaluation made under Code, HealthGeneral Article, 10-622 and declared confidential under Code, Health-General Article, 10-630. (j) A case record that consists of the federal or Maryland income tax return of an individual. (k) A case record that: (1) a court has ordered sealed or not subject to inspection, except in conformance with the order; or (2) in accordance with Rule 16-1009 (b), is the subject of a motion to preclude or limit inspection. (l) As provided in Rule 9-203 (d), a case record that consists of a financial statement filed pursuant to Rule 9-202. HISTORY: (Added Mar. 4, 2004, effective Oct. 1, 2004; amended April 5, 2005, effective July 1, 2005; amended Jan. 10, 2006, effective Jan. 10, 2006; May 8, 2007, effective July 1, 2007; Dec. 4,

2007, effective Jan. 1, 2008; June 16, 2009, effective June 17, 2009; amended Sept. 10, 2009, effective Oct. 1, 2009; amended March 9, 2010, effective July 1, 2010.) MARYLAND RULES TITLE 16. COURTS, JUDGES, AND ATTORNEYS CHAPTER 1000. ACCESS TO COURT RECORDS Md. Rule 16-1007 (2012) Rule 16-1007. Required denial of inspection -- Specific information in case records Except as otherwise provided by law, the Rules in this Chapter, or court order, a custodian shall deny inspection of a case record or a part of a case record that would reveal: (a) The name, address, telephone number, e-mail address, or place of employment of a person who reports the abuse of a vulnerable adult pursuant to Code, Family Law Article, 14-302. (b) Except as provided in Code, State Government Article, 10-617 (e), the home address or telephone number of an employee of the State or a political subdivision of the State. (c) Any part of the social security or Federal Identification Number of an individual, other than the last four digits. (d) Information about a person who has received a copy of a sex offender's or sexual predator's registration statement. HISTORY: (Added Mar. 4, 2004, effective Oct. 1, 2004; amended July 25, 2006, effective July 25, 2006.)

MARYLAND RULES TITLE 16. COURTS, JUDGES, AND ATTORNEYS CHAPTER 1000. ACCESS TO COURT RECORDS Md. Rule 16-1008 (2012) Rule 16-1008. Electronic records and retrieval (a) In general. (1) Subject to the conditions stated in this Rule, a court record that is kept in electronic form is open to inspection to the same extent that the record would be open to inspection in paper form. (2) Subject to the other provisions of this Rule and any other law or any administrative order of the Chief Judge of the Court of Appeals, a custodian, court, or other judicial agency, for the

purpose of providing public access to court records in electronic form, is authorized but not required: (A) to convert paper court records into electronic court records; (B) to create new electronic records, databases, programs, or computer systems; (C) to provide computer terminals or other equipment for use by the public; (D) to create the ability to inspect or copy court records through remote access; or (E) to convert, supplement, modify, or replace an existing electronic storage or retrieval system. (3) (A) Subject to the other provisions of this Rule, a custodian may limit access to court records in electronic form to the manner, form, and program that the electronic system used by the custodian, without modification, is capable of providing. If a custodian, court, or other judicial agency converts paper court records into electronic court records or otherwise creates new electronic records, databases, or computer systems, it shall, to the extent practicable, design those records, databases, or systems to facilitate access to court records that are open to inspection under the Rules in this Chapter. (B) (i) Subject to subsection (a)(3)(B)(ii) of this Rule and except for identifying information relating to law enforcement officers, other public officials or employees acting in their official capacity, and expert witnesses, a custodian shall prevent remote access to the name, address, telephone number, date of birth, e-mail address, and place of employment of a victim or nonparty witness in (1) a criminal action, (2) a juvenile delinquency action under Title 3, Subtitle 8A of the Courts Article, (3) an action under Title 4, Subtitle 5 of the Family Law Article (domestic violence), or (4) an action under Title 3, Subtitle 15 of the Courts Article (peace order). (ii) A person who files or otherwise causes to be placed in a court record identifying information relating to a witness shall give the custodian written notice whether the identifying information is not subject to remote access under subsection (a)(3)(B)(i) of this Rule. In the absence of written notice, a custodian is not liable for allowing remote access to the information. (4) Subject to subsection (a)(3)(B) of this Rule and procedures and conditions established by administrative order of the Chief Judge of the Court of Appeals, a person may view and copy electronic court records that are open to inspection under the Rules in this Chapter: (A) at computer terminals that a court or other judicial agency makes available for public use at the court or other judicial agency; or (B) by remote access that the court or other judicial agency makes available through dial-up modem, web site access, or other technology. (b) Current programs providing electronic access to databases. Any electronic access to a database of court records that is provided by a court or other judicial agency and is in effect on October 1,

2004 may continue in effect, subject to review by the Technology Oversight Board for consistency with the Rules in this Chapter. After review, the Board may make or direct any changes that it concludes are necessary to make the electronic access consistent with the Rules in this Chapter. (c) New requests for electronic access to or information from databases. (1) A person who desires to obtain electronic access to or information from a database of court records to which electronic access is not then immediately and automatically available shall submit to the Office of Communications and Public Affairs a written application that describes the court records to which access is desired and the proposed method of achieving that access. (2) The Office of Communications and Public Affairs shall review the application and may consult the Judicial Information Systems. Without undue delay and, unless impracticable, within 30 days after receipt of the application, the Office of Communications and Public Affairs shall take one of the following actions: (A) The Office of Communications and Public Affairs shall approve the application if it determines that the application does not request access to court records not subject to inspection under the Rules in this Chapter and will not impose a significant fiscal, personnel, or operational burden on any court or judicial agency. The approval may be conditioned on the applicant's paying or reimbursing the court or agency for any additional expense that may be incurred in implementing the application. (B) If the Office of Communications and Public Affairs is unable to make the findings provided for in subsection (c)(2)(A), it shall inform the applicant and: (i) deny the application; (ii) offer to confer with the applicant about amendments to the application that would meet the concerns of the Office of Communications and Public Affairs; or (iii) if the applicant requests, refer the application to the Technology Oversight Board for its review. (C) If the application is referred to the Technology Oversight Board, the Board shall determine whether approval of the application would be likely to permit access to court records or information not subject to inspection under the Rules in this Chapter, create any undue burden on a court, other judicial agency, or the judicial system as a whole, or create undue disparity in the ability of other courts or judicial agencies to provide equivalent access to court records. In making those determinations, the Board shall consider, to the extent relevant: (i) whether the data processing system, operational system, electronic filing system, or manual or electronic storage and retrieval system used by or planned for the court or judicial agency that maintains the records can currently provide the access requested in the manner requested and in conformance with Rules 16-1001 through 16-1007, and, if not, what changes or effort would be required to make those systems capable of providing that access;

(ii) any changes to the data processing, operational electronic filing, or storage or retrieval systems used by or planned for other courts or judicial agencies in the State that would be required in order to avoid undue disparity in the ability of those courts or agencies to provide equivalent access to court records maintained by them; (iii) any other fiscal, personnel, or operational impact of the proposed program on the court or judicial agency or on the State judicial system as a whole; (iv) whether there is a substantial possibility that information retrieved through the program may be used for any fraudulent or other unlawful purpose or may result in the dissemination of inaccurate or misleading information concerning court records or individuals who are the subject of court records and, if so, whether there are any safeguards to prevent misuse of disseminated information and the dissemination of inaccurate or misleading information; and (v) any other consideration that the Technology Oversight Board finds relevant. (D) If, upon consideration of the factors set forth in subsection (c)(2)(C) of this Rule, the Technology Oversight Board concludes that the proposal would create (i) an undue fiscal, personnel, or operational burden on a court, other judicial agency, or the judicial system as a whole, or (ii) an undue disparity in the ability of other courts or judicial agencies to provide equivalent access to judicial records, the Board shall inform the Office of Communications and Public Affairs and the applicant in writing of its conclusions. The Office of Communications and Public Affairs and the applicant may then discuss amendments to the application to meet the concerns of the Board, including changes in the scope or method of the requested access and arrangements to bear directly or reimburse the appropriate agency for any expense that may be incurred in providing the requested access and meeting other conditions that may be attached to approval of the application. The applicant may amend the application to reflect any agreed changes. The application, as amended, shall be submitted to the Technology Oversight Board for further consideration. HISTORY: (Added Mar. 4, 2004, effective Oct. 1, 2004; amended March 7, 2006, effective July 1, 2006; June 16, 2009, effective June 17, 2009.) MARYLAND RULES TITLE 16. COURTS, JUDGES, AND ATTORNEYS CHAPTER 1000. ACCESS TO COURT RECORDS Md. Rule 16-1009 (2012) Rule 16-1009. Court order denying or permitting inspection of case record (a) Motion. (1) A party to an action in which a case record is filed, including a person who has been permitted to intervene as a party, and a person who is the subject of or is specifically identified in a case record may file a motion:

(A) to seal or otherwise limit inspection of a case record filed in that action that is not otherwise shielded from inspection under the Rules in this Chapter; or (B) to permit inspection of a case record filed in that action that is not otherwise subject to inspection under the Rules in this Chapter. (2) The motion shall be filed with the court in which the case record is filed and shall be served on: (A) all parties to the action in which the case record is filed; and (B) each identifiable person who is the subject of the case record. (b) Shielding upon motion or request. (1) Preliminary shielding upon motion. Upon the filing of a motion to seal or otherwise limit inspection of a case record pursuant to section (a) of this Rule, the custodian shall deny inspection of the case record for a period not to exceed five business days, including the day the motion is filed, in order to allow the court an opportunity to determine whether a temporary order should issue. (2) Shielding upon request. If a request to shield information in a case record is filed by or on behalf of a person entitled to request the shielding under Code, Courts Article, Title 3, Subtitle 15 (peace orders) or Code, Family Law Article, Title 4, Subtitle 5 (domestic violence), and the request is granted, or if a request to shield the address or telephone number of a victim, victim's representative, or witness is filed in a criminal action, and the request is granted, a custodian shall deny inspection of the shielded information. The shield remains in effect until terminated or modified by order of court. If the request is denied, the person seeking to shield information may file a motion under section (a) of this Rule. Committee note. -- If a court or District Court Commissioner grants a request to shield information under subsection (b)(2) of this Rule, no adversary hearing is held unless a person seeking inspection of the shielded information files a motion under section (a) of this Rule. (c) Temporary order precluding or limiting inspection. (1) The court shall consider a motion filed under this Rule on an expedited basis. (2) In conformance with the provisions of Rule 15-504 (Temporary Restraining Order), the court may enter a temporary order precluding or limiting inspection of a case record if it clearly appears from specific facts shown by affidavit or other statement under oath that (A) there is a substantial basis for believing that the case record is properly subject to an order precluding or limiting inspection, and (B) immediate, substantial, and irreparable harm will result to the person seeking the relief if temporary relief is not granted before a full adversary hearing can be held on the propriety of a final order precluding or limiting inspection.

(3) A court may not enter a temporary order permitting inspection of a case record that is not otherwise subject to inspection under the Rules in this Chapter in the absence of an opportunity for a full adversary hearing. (d) Final order. (1) After an opportunity for a full adversary hearing, the court shall enter a final order: (A) precluding or limiting inspection of a case record that is not otherwise shielded from inspection under the Rules in this Chapter; (B) permitting inspection, under such conditions and limitations as the court finds necessary, of a case record that is not otherwise subject to inspection under the Rules in this Chapter; or (C) denying the motion. (2) A final order shall include findings regarding the interest sought to be protected by the order. (3) A final order that precludes or limits inspection of a case record shall be as narrow as practicable in scope and duration to effectuate the interest sought to be protected by the order. (4) In determining whether to permit or deny inspection, the court shall consider: (A) if the motion seeks to preclude or limit inspection of a case record that is otherwise subject to inspection under the Rules in this Chapter, whether a special and compelling reason exists to preclude or limit inspection of the particular case record; and (B) if the motion seeks to permit inspection of a case record that is otherwise not subject to inspection under the Rules in this Chapter, whether a special and compelling reason exists to permit inspection. (C) if the motion seeks to permit inspection of a case record that has been previously sealed by court order under subsection (d)(1)(A) of this Rule and the movant was not a party to the case when the order was entered, whether the order satisfies the standards set forth in subsections (d) (2), (3), and (4)(A) of this Rule. (5) Unless the time is extended by the court on motion of a party and for good cause, the court shall enter a final order within 30 days after a hearing was held or waived. (e) Filing of order. A copy of any preliminary or final order shall be filed in the action in which the case record in question was filed and shall be subject to public inspection. (f) Non-exclusive remedy. This Rule does not preclude a court from exercising its authority at any time to enter an order that seals or limits inspection of a case record or that makes a case record subject to inspection.

HISTORY: (Added Mar. 4, 2004, effective Oct. 1, 2004; amended July 25, 2006, effective July 25, 2006.) MARYLAND RULES TITLE 16. COURTS, JUDGES, AND ATTORNEYS CHAPTER 1000. ACCESS TO COURT RECORDS Md. Rule 16-1010 (2012) Rule 16-1010. Procedures for compliance (a) Duty of person filing record. (1) A person who files or authorizes the filing of a case record shall inform the custodian, in writing, whether, in the person's judgment, the case record, any part of the case record, or any information contained in the case record is confidential and not subject to inspection under the Rules in this Chapter. (2) The custodian is not bound by the person's determination that a case record, any part of a case record, or information contained in a case record is not subject to inspection and shall permit inspection of a case record unless, in the custodian's independent judgment, subject to review as provided in Rule 16-1011, the case record is not subject to inspection. (3) Notwithstanding subsection (b)(2) of this Rule, a custodian may rely on a person's failure to advise that a case record, part of a case record, or information contained in a case record is not subject to inspection, and, in default of such advice, the custodian is not liable for permitting inspection of the case record, part of the case record, or information, even if the case record, part of the case record, or information in the case record is not subject to inspection under the Rules in this Chapter. (b) Duty of clerk. (1) In conformance with procedures established by administrative order of the Chief Judge of the Court of Appeals, the clerk shall make a reasonable effort, promptly upon the filing or creation of a case record, to shield any information that is not subject to inspection under the Rules in this Chapter and that has been called to the attention of the custodian by the person filing or authorizing the filing of the case record, in order that the case record, as shielded, may be subject to inspection. (2) Persons who filed or authorized the filing of a case record filed prior to October 1, 2004 may advise the custodian in writing whether any part of the case record is not subject to inspection. The custodian is not bound by that determination. The custodian shall make a reasonable effort, as time and circumstances allow, to shield from those case records any information that is not subject to inspection under the Rules in this Chapter and that has been called to the attention of the custodian, in order that those case records, as shielded, may be subject to inspection. The duty under this subsection is subordinate to all other official duties of the custodian.

HISTORY: (Added Mar. 4, 2004, effective Oct. 1, 2004.) MARYLAND RULES TITLE 16. COURTS, JUDGES, AND ATTORNEYS CHAPTER 1000. ACCESS TO COURT RECORDS Md. Rule 16-1011 (2012) Rule 16-1011. Resolution of disputes by administrative or chief judge (a) If, upon a request for inspection of a court record, a custodian is in doubt whether the record is subject to inspection under the Rules in this Chapter, the custodian, after making a reasonable effort to notify the person seeking inspection and each person to whom the court record pertains, shall apply in writing for a preliminary judicial determination whether the court record is subject to inspection. (1) If the record is in an appellate court or an orphans' court, the application shall be to the chief judge of the court. (2) If the record is in a circuit court, the application shall be to the county administrative judge. (3) If the record is in the District Court, the application shall be to the district administrative judge. (4) If the record is in a judicial agency other than a court, the application shall be to the Chief Judge of the Court of Appeals, who may refer it to the county administrative judge of a circuit court. (b) After hearing from or making a reasonable effort to communicate with the person seeking inspection and each person to whom the court record pertains, the court shall make a preliminary determination of whether the record is subject to inspection. Unless the court extends the time for good cause, the preliminary determination shall be made within 10 days after the court receives the written request. (c) If the court determines that the record is subject to inspection, the court shall file an order to that effect. If a person to whom the court record pertains objects, the judge may stay the order to permit inspection for not more than five working days in order to allow the person an opportunity to file an appropriate action to enjoin the inspection. An action under this section shall be filed within 30 days after the order is filed, and the person who requested inspection of the record shall be made a party. If such an action is timely filed, it shall proceed in accordance with Rules 15-501 through 15-505. (d) If the court determines that the court record is not subject to inspection, the court shall file an order to that effect and the person seeking inspection may file an action under the Public Information Act or on the basis of the Rules in this Chapter to compel the inspection. An action

under this section shall be filed within thirty days after the order is filed. (e) If a timely action is filed under section (c) or (d) of this Rule, the preliminary determination by the court shall not have a preclusive effect under any theory of direct or collateral estoppel or law of the case. If a timely action is not filed, the order shall be final and conclusive. HISTORY: (Added Mar. 4, 2004, effective Oct. 1, 2004.) MARYLAND RULES TITLE 17. ALTERNATIVE DISPUTE RESOLUTION CHAPTER 100. PROCEEDINGS IN CIRCUIT COURT Md. Rule 17-101 (2012) Rule 17-101. Applicability (a) Generally. The rules in this Chapter apply to all civil actions in circuit court except (1) they do not apply to actions or orders to enforce a contractual agreement to submit a dispute to alternative dispute resolution and (2) other than Rule 17-104, they do not apply to health care malpractice claims. Committee note. -- Alternative dispute resolution proceedings in a health care malpractice claim are governed by Code, Courts Article, 3-2A-06C. (b) Rules governing qualifications and selection. The rules governing the qualifications and selection of a person designated to conduct court-ordered alternative dispute resolution proceedings apply only to a person designated by the court in the absence of an agreement by the parties. They do not apply to a master, examiner, auditor, or parenting coordinator appointed under Rules 2-541, 2-542, 2-543, or 9-205.2. HISTORY: (Amended Nov. 8, 2005, effective Jan. 1, 2006; June 7, 2011, effective July 1, 2011.) MARYLAND RULES TITLE 17. ALTERNATIVE DISPUTE RESOLUTION CHAPTER 100. PROCEEDINGS IN CIRCUIT COURT Md. Rule 17-102 (2012) Rule 17-102. Definitions In this Chapter, the following definitions apply except as expressly otherwise provided or as necessary implication requires: (a) Alternative dispute resolution. "Alternative dispute resolution" means the process of resolving matters in pending litigation through a settlement conference, neutral case evaluation, neutral factfinding, arbitration, mediation, other non-judicial dispute resolution process, or combination of those processes.

Committee note. -- Nothing in these Rules is intended to restrict the use of consensus-building to assist in the resolution of disputes. Consensus-building means a process generally used to prevent or resolve disputes or to facilitate decision making, often within a multi-party dispute, group process, or public policy-making process. In consensus-building processes, one or more neutral facilitators may identify and convene all stakeholders or their representatives and use techniques to open communication, build trust, and enable all parties to develop options and determine mutually acceptable solutions. (b) Arbitration. "Arbitration" means a process in which (1) the parties appear before one or more impartial arbitrators and present evidence and argument supporting their respective positions, and (2) the arbitrators render a decision in the form of an award that is not binding, unless the parties agree otherwise in writing. Committee note. -- Under the Federal Arbitration Act, the Maryland Uniform Arbitration Act, at common law, and in common usage outside the context of court-referred cases, arbitration awards are binding unless the parties agree otherwise. (c) Fee-for-service. "Fee-for-service" means that a party will be charged a fee by the person or persons conducting the alternative dispute resolution proceeding. (d) Mediation. "Mediation" means a process in which the parties work with one or more impartial mediators who, without providing legal advice, assist the parties in reaching their own voluntary agreement for the resolution of the dispute or issues in the dispute. A mediator may identify issues and options, assist the parties or their attorneys in exploring the needs underlying their respective positions, and, upon request, record points of agreement reached by the parties. While acting as a mediator, the mediator does not engage in arbitration, neutral case evaluation, neutral fact-finding, or other alternative dispute resolution processes and does not recommend the terms of an agreement. (e) Mediation communication. "Mediation communication" means speech, writing, or conduct made as part of a mediation, including communications made for the purpose of considering, initiating, continuing, or reconvening a mediation or retaining a mediator. (f) Neutral case evaluation. "Neutral case evaluation" means a process in which (1) the parties, their attorneys, or both appear before an impartial person and present in summary fashion the evidence and arguments supporting their respective positions, and (2) the impartial person renders an evaluation of their positions and an opinion as to the likely outcome of the dispute or issues in the dispute if the action is tried. (g) Neutral fact-finding. "Neutral fact-finding" means a process in which (1) the parties, their attorneys, or both appear before an impartial person and present evidence and arguments supporting their respective positions as to particular disputed factual issues, and (2) the impartial person makes findings of fact as to those issues. Unless the parties otherwise agree in writing, those findings are not binding. (h) Settlement conference. "Settlement conference" means a conference at which the parties, their

attorneys, or both appear before an impartial person to discuss the issues and positions of the parties in the action in an attempt to resolve the dispute or issues in the dispute by agreement or by means other than trial. A settlement conference may include neutral case evaluation and neutral fact-finding, and the impartial person may recommend the terms of an agreement. HISTORY: (Amended Nov. 1, 2001, effective Jan. 1, 2002.) MARYLAND RULES TITLE 17. ALTERNATIVE DISPUTE RESOLUTION CHAPTER 100. PROCEEDINGS IN CIRCUIT COURT Md. Rule 17-103 (2012) Rule 17-103. General procedures and requirements (a) In general. A court may not require a party or the party's attorney to participate in an alternative dispute resolution proceeding except in accordance with this Rule. (b) Minimum qualifications required for court designees. A court may not require a party or the party's attorney to participate in an alternative dispute resolution proceeding conducted by a person designated by the court unless (1) that person possesses the minimum qualifications prescribed in the applicable rules in this Chapter, or (2) the parties agree to participate in the process conducted by that person. (c) Procedure. (1) Inapplicable to Child Access Disputes. This section does not apply to proceedings under Rule 9-205. (2) Objection. If the court enters an order or determines to enter an order referring a matter to an alternative dispute resolution process, the court shall give the parties a reasonable opportunity (A) to object to the referral, (B) to offer an alternative proposal, and (C) to agree on a person to conduct the proceeding. The court may provide that opportunity before the order is entered or upon request of a party filed within 30 days after the order is entered. (3) Ruling on Objection. The court shall give fair consideration to an objection to a referral and to any alternative proposed by a party. The court may not require an objecting party or the attorney of an objecting party to participate in an alternative dispute resolution proceeding other than a nonfee-for-service settlement conference. (4) Designation of Person to Conduct Procedure. In an order referring an action to an alternative dispute resolution proceeding, the court may tentatively designate any person qualified under these rules to conduct the proceeding. The order shall set a reasonable time within which the parties may inform the court that (A) they have agreed on another person to conduct the proceeding, and (B) that person is willing and able to conduct the proceeding. If, within the time allowed by the court, the parties inform the court of their agreement on another person willing and able to conduct the proceeding, the court shall designate that person. Otherwise, the referral shall be to the person

designated in the order. In making a designation when there is no agreement by the parties, the court is not required to choose at random or in any particular order from among the qualified persons. Although the court should endeavor to use the services of as many qualified persons as possible, the court may consider whether, in light of the issues and circumstances presented by the action or the parties, special training, background, experience, expertise, or temperament may be helpful and may designate a person possessing those special qualifications. MARYLAND RULES TITLE 17. ALTERNATIVE DISPUTE RESOLUTION CHAPTER 100. PROCEEDINGS IN CIRCUIT COURT Md. Rule 17-104 (2012) Rule 17-104. Qualifications and selection of mediators (a) Qualifications in general. To be designated by the court as a mediator, other than by agreement of the parties, a person must: (1) unless waived by the court, be at least 21 years old and have at least a bachelor's degree from an accredited college or university; Committee note. -- This subsection permits a waiver because the quality of a mediator's skill is not necessarily measured by age or formal education. (2) have completed at least 40 hours of mediation training in a program meeting the requirements of Rule 17-106; (3) complete in every two-year period eight hours of continuing mediation-related education in one or more of the topics set forth in Rule 17-106; (4) abide by any standards adopted by the Court of Appeals; (5) submit to periodic monitoring of court-ordered mediations by a qualified mediator designated by the county administrative judge; and (6) comply with procedures and requirements prescribed in the court's case management plan filed under Rule 16-202 b. relating to diligence, quality assurance, and a willingness to accept a reasonable number of referrals on a reduced-fee or pro bono basis upon request by the court. (b) Additional qualifications -- Child access disputes. To be designated by the court as a mediator with respect to issues concerning child access, the person must: (1) have the qualifications prescribed in section (a) of this Rule; (2) have completed at least 20 hours of training in a family mediation training program meeting

the requirements of Rule 17-106; and (3) have observed or co-mediated at least eight hours of child access mediation sessions conducted by persons approved by the county administrative judge, in addition to any observations during the training program. (c) Additional qualifications -- Business and Technology Case Management Program cases. To be designated by the court as a mediator of Business and Technology Program cases, other than by agreement of the parties, the person must: (1) have the qualifications prescribed in section (a) of this Rule; (2) within the two-year period preceding application for approval pursuant to Rule 17-107, have completed as a mediator at least five non-domestic circuit court mediations or five non-domestic non-circuit court mediations of comparable complexity (A) at least two of which are among the types of cases that are assigned to the Business and Technology Case Management Program or (B) have co-mediated an additional two cases from the Business and Technology Case Management Program with a mediator already approved to mediate these cases; (3) agree to serve as co-mediator with at least two mediators each year who seek to meet the requirements of subsection (c)(2)(B) of this Rule; and (4) agree to complete any continuing education training required by the Circuit Administrative Judge or that judge's designee. (d) Additional qualifications -- Marital property issues. To be designated by the court as a mediator in divorce cases with marital property issues, the person must: (1) have the qualifications prescribed in section (a) of this Rule; (2) have completed at least 20 hours of skill-based training in mediation of marital property issues; and (3) have observed or co-mediated at least eight hours of divorce mediation sessions involving marital property issues conducted by persons approved by the county administrative judge, in addition to any observations during the training program. (e) Additional qualifications -- Health care malpractice claims. To be designated by the court as a mediator of health care malpractice claims, other than by agreement of the parties, the person must: (1) have the qualifications prescribed in section (a) of this Rule; (2) have completed as a mediator at least five non domestic circuit court mediations or five non domestic non circuit court mediations of comparable complexity; (3) be knowledgeable about health care malpractice claims because of experience, training, or

education; and (4) agree to complete any continuing education training required by the court. (f) Additional qualifications -- Proceedings to foreclose lien instruments. To be designated by the court as a mediator in a proceeding to foreclose a lien instrument, other than by agreement of the parties, the person must: (1) have the qualifications prescribed in section (a) of this Rule; (2) have completed as a mediator at least five non-domestic circuit court mediations or five nondomestic non-circuit court mediations of comparable complexity; (3) be knowledgeable about lien instruments and foreclosure proceedings because of experience, training, or education; and (4) agree to complete any continuing education training required by the court. HISTORY: (Amended Nov. 1, 2001, effective Jan. 1, 2002; Nov. 12, 2003, effective Jan. 1, 2004; amended Nov. 8, 2005, effective Jan. 1, 2006; Feb. 10, 2009, effective May 1, 2009.) MARYLAND RULES TITLE 17. ALTERNATIVE DISPUTE RESOLUTION CHAPTER 100. PROCEEDINGS IN CIRCUIT COURT Md. Rule 17-105 (2012) Rule 17-105. Qualifications and selection of persons other than mediators and neutral experts (a) Generally. Except as provided in section (b) of this Rule, to be designated by the Court to conduct an alternative dispute resolution proceeding other than mediation, a person, unless the parties agree otherwise, must: (1) abide by any standards adopted by the Court of Appeals; (2) submit to periodic monitoring of court-ordered alternative dispute resolution proceedings by a qualified person designated by the county administrative judge; (3) comply with procedures and requirements prescribed in the court's case management plan filed under Rule 16-202 b. relating to diligence, quality assurance, and a willingness to accept a reasonable number of referrals on a reduced-fee or pro bono basis upon request by the court; (4) either (A) be a member in good standing of the Maryland bar and have at least five years experience in the active practice of law as (i) a judge, (ii) a practitioner, (iii) a full-time teacher of law at a law school accredited by the American Bar Association, or (iv) a Federal or Maryland administrative law judge, or (B) have equivalent or specialized knowledge and experience in dealing with the issues in dispute; and

(5) unless waived by the court, have completed a training program that consists of at least eight hours and has been approved by the county administrative judge. (b) Judges and masters. A judge or master of the court may conduct a non-fee-for-service settlement conference. HISTORY: (Amended Nov. 1, 2001, effective Jan. 1, 2002; Nov. 12, 2003, effective Jan. 1, 2004; December 2, 2004, effective July 1, 2005; June 7, 2011, effective July 1, 2011.) MARYLAND RULES TITLE 17. ALTERNATIVE DISPUTE RESOLUTION CHAPTER 100. PROCEEDINGS IN CIRCUIT COURT Md. Rule 17-106 (2012) Rule 17-106. Mediation training programs (a) In general. To qualify under Rule 17-104 (a)(2), a mediation training program must include the following: (1) conflict resolution and mediation theory, including causes of conflict, interest-based versus positional bargaining, and models of conflict resolution; (2) mediation skills and techniques, including information gathering skills, communication skills, problem solving skills, interaction skills, conflict management skills, negotiation techniques, caucusing, cultural and gender issues, and power balancing; (3) mediator conduct, including conflicts of interest, confidentiality, neutrality, ethics, and standards of practice; (4) rules, statutes, and practice governing mediation in the circuit courts; and (5) simulations and role-playing, monitored and critiqued by experienced mediator trainers. (b) Child access mediation training. To qualify under Rule 17-104 (b)(2), a mediation training program must include the following: (1) Maryland law relating to separation, divorce, annulment, child custody and visitation, child and spousal support; (2) emotional aspects of separation and divorce on adults and children; (3) screening for and addressing domestic violence; (4) introduction to family systems and child development theory; and

(5) inter-relationship of custody and child support. MARYLAND RULES TITLE 17. ALTERNATIVE DISPUTE RESOLUTION CHAPTER 100. PROCEEDINGS IN CIRCUIT COURT Md. Rule 17-107 (2012) Rule 17-107. Procedure for approval (a) Generally. (1) Filing application. A person seeking designation to conduct alternative dispute resolution proceedings pursuant to Rule 2-504 in actions other than those assigned to the Business and Technology Case Management Program shall file an application with the clerk of the circuit court from which the person is willing to accept referrals. The application shall be substantially in the form approved by the State Court Administrator and shall be available from the clerk of each circuit court. If the person is applying for designation as a mediator, the application shall be accompanied by documentation demonstrating that the applicant has the qualifications required by Rule 17-104. If the person is applying for designation to conduct alternative dispute resolution proceedings other than mediation, the application shall be accompanied by documentation demonstrating that the applicant has the qualifications required by Rule 17-105 (a). The State Court Administrator may require the application and documentation to be provided in a word processing file or other electronic format. (2) Action on application. After any investigation that the county administrative judge deems appropriate, the county administrative judge shall notify each applicant of the approval or disapproval of the application and the reasons for a disapproval. (3) Approved lists. The clerk shall prepare a list of mediators found by the county administrative judge to meet the qualifications required by Rule 17-104 and a list of persons found by the county administrative judge to meet the qualifications required by Rule 17-105 (a). The lists, together with the applications of the persons on the lists, shall be kept current by the clerk and be available in the clerk's office to the public. (4) Removal from list. After notice and a reasonable opportunity to respond, the county administrative judge shall remove a person from a list for failure to maintain the applicable qualifications of Rule 17-104 or Rule 17-105 (a) or for other good cause. (b) Business and Technology Case Management Program. (1) Filing application. A person seeking designation to conduct alternative dispute resolution proceedings pursuant to Rule 2-504 in actions assigned to the Business and Technology Case Management Program shall file an application with the Administrative Office of the Courts, which shall transmit the application to the Committee of Program Judges appointed pursuant to Rule 16108 b. 4. The application shall be substantially in the form approved by the State Court

Administrator and shall be available from the clerk of each circuit court. If the person is applying for designation as a mediator, the application shall be accompanied by documentation demonstrating that the applicant has the qualifications required by Rule 17-104. If the person is applying for designation to conduct alternative dispute resolution proceedings other than mediation, the application shall be accompanied by documentation demonstrating that the applicant has the qualifications required by Rule 17-105 (a). The State Court Administrator may require the application and documentation to be provided in a word processing file or other electronic format. (2) Action on application. After any investigation that the Committee of Program Judges deems appropriate, the Committee shall notify the Administrative Office of the Courts that the application has been approved or disapproved, and if disapproved, shall state the reasons for the disapproval. The Administrative Office of the Courts shall notify each applicant of the action of the Committee and the reasons for a disapproval. (3) Approved lists. The Administrative Office of the Courts shall prepare a list of mediators found by the Committee to meet the qualifications required by Rule 17-104 and a list of persons found by the Committee to meet the qualifications required by Rule 17-105 (a). The Administrative Office of the Courts shall (A) attach to the lists such additional information as the State Court Administrator specifies; (B) keep the lists current; and (C) transmit a copy of each current list to the clerk of each circuit court, who shall make them available to the public. Committee note. -- Examples of information that the State Court Administrator may specify as attachments to the lists made pursuant to this subsection include information about the person's qualifications, experience, and background and any other information that would be helpful to litigants selecting a person best qualified to conduct alternative dispute resolution proceedings in a specific case. (4) Removal from list. After notice and a reasonable opportunity to respond, the Committee of Program Judges shall remove a person from a list for failure to maintain the applicable qualifications of Rule 17-104 or Rule 17-105 (a) or for other good cause. HISTORY: (Amended Nov. 12, 2003, effective Jan. 1, 2004.) MARYLAND RULES TITLE 17. ALTERNATIVE DISPUTE RESOLUTION CHAPTER 100. PROCEEDINGS IN CIRCUIT COURT Md. Rule 17-108 (2012) Rule 17-108. Fee schedules Subject to the approval of the Chief Judge of the Court of Appeals, the circuit administrative judge of each circuit court may develop and adopt maximum fee schedules for persons conducting each type of alternative dispute resolution proceeding other than on a volunteer basis. In developing the fee schedules, the circuit administrative judge shall take into account the

availability of qualified persons willing to provide those services and the ability of litigants to pay for those services. A person designated by the court, other than with the agreement of the parties, to conduct an alternative dispute resolution proceeding under Rule 2-504 may not charge or accept a fee for that proceeding in excess of that allowed by the applicable schedule. Violation of this Rule shall be cause for removal from all lists. HISTORY: (Amended Nov. 12, 2003, effective Jan. 1, 2004.) MARYLAND RULES TITLE 17. ALTERNATIVE DISPUTE RESOLUTION CHAPTER 100. PROCEEDINGS IN CIRCUIT COURT Md. Rule 17-109 (2012) Rule 17-109. Mediation confidentiality (a) Mediator. Except as provided in sections (c) and (d) of this Rule, a mediator and any person present or otherwise participating in the mediation at the request of the mediator shall maintain the confidentiality of all mediation communications and may not disclose or be compelled to disclose mediation communications in any judicial, administrative, or other proceeding. (b) Parties. Subject to the provisions of sections (c) and (d) of this Rule, (1) the parties may enter into a written agreement to maintain the confidentiality of all mediation communications and to require any person present or otherwise participating in the mediation at the request of a party to maintain the confidentiality of mediation communications and (2) the parties and any person present or otherwise participating in the mediation at the request of a party may not disclose or be compelled to disclose mediation communications in any judicial, administrative, or other proceeding. (c) Signed document. A document signed by the parties that reduces to writing an agreement reached by the parties as a result of mediation is not confidential, unless the parties agree in writing otherwise. Cross references. -- See Rule 9-205 (d) concerning the submission of a memorandum of the points of agreement to the court in a child access case. (d) Permitted disclosures. In addition to any disclosures required by law, a mediator and a party may disclose or report mediation communications to a potential victim or to the appropriate authorities to the extent that they believe it necessary to help: (1) prevent serious bodily harm or death, (2) assert or defend against allegations of mediator misconduct or negligence, or (3) assert or defend against a claim or defense that because of fraud, duress, or misrepresentation a contract arising out of a mediation should be rescinded.

Cross references. -- For the legal requirement to report suspected acts of child abuse, see Code, Family Law Article, 5-705. (e) Discovery; admissibility of information. Mediation communications that are confidential under this Rule are privileged and not subject to discovery, but information otherwise admissible or subject to discovery does not become inadmissible or protected from disclosure solely by reason of its use in mediation. HISTORY: (Amended Nov. 12, 2003, effective Jan. 1, 2004; amended Nov. 8, 2005, effective Jan. 1, 2006.) MARYLAND RULES APPENDIX: FORMS Md. Rules Form 1 (2012) Form 1 to 21 Rescinded April 6, 1984, effective July 1, 1984.

MARYLAND RULES APPENDIX: FORMS Md. Rules Form 22 (2012) Form 22. Notice of appeal (Rule 8-201) (Caption) NOTICE OF APPEAL notes an appeal to the Court of Special Appeals in the above-captioned action. (Signature and Certificate of Service) MARYLAND RULES APPENDIX: FORMS Md. Rules Form 22a (2012) Form 22a to 26

Rescinded June 5, 1996, effective January 1, 1997. MARYLAND RULES APPENDIX: FORMS Md. Rules Form 27 (2012) Form 27 to 36. Juvenile causes New forms substituted. MARYLAND RULES APPENDIX: FORMS Md. Rules Form 611 (2012) Form 611. Notice of judgment by default or decree pro confesso Rescinded April 6, 1984, effective July 1, 1984. MARYLAND RULES APPENDIX: FORMS Md. Rules Form 1-332 (2012) Form 1-332. Notification of need for accommodation or interpreter Rescinded April 5, 2005, effective July 1, 2005. MARYLAND RULES APPENDIX: FORMS Md. Rule Note (2012) Note -- Introductory statement The forms contained in this Appendix are limited in number and intended to illustrate some of the more commonly used forms in modern practice. Rule 1-302 provides that the forms in this Appendix are not mandatory except as otherwise expressly provided by rule or statute. MARYLAND RULES APPENDIX: FORMS FORMS FOR JUVENILE CAUSES Md. Rules Form 903-P/C (2012)

Form 903-P/C. Juvenile petition -- Child MATTER OF ........................ (Respondent) IN THE ........... COURT FOR ............... CITY/COUNTY SITTING AS A JUVENILE COURT Case Number................... JUVENILE PETITION -- CHILD TO THE HONORABLE JUDGE OF THE COURT:

The Petition of the State of Maryland respectfully shows: 1. That: (a) The Respondent's home address is..................................... ............................................................................. (b) He resides with...................................................... at that address. (c) The name and address of his parent, guardian, or custodian is........ ............................................................................. (d) The Respondent's date of birth is....................................

2. That the State alleges the Respondent is [] Delinquent [] In need of assistance [] In need of supervision

3. That the facts on which the allegation is based are as follows:....... ............................................................................. in violation of........................................................... (specify law violated, if applicable)

4. That pending these proceedings, the Respondent: [] was released in the custody of......................................... ............................................................................. (name and address) [] has been in detention/shelter care since.............................. (date) and that his parent, guardian, or custodian has/has not been notified of the detention or shelter care.

WHEREFORE, the State asks that the Court make appropriate findings and dispositions under the Juvenile Causes Law (Title 3, Subtitle 8, Courts

Article, Annotated Code of Maryland).

STATE OF MARYLAND by................................ State's Attorney/Intake Officer for ......... City/County Petitioner

The names of each witness to be summoned in support of this petition are:

Rev. 9/76 MARYLAND RULES APPENDIX: FORMS FORMS FOR JUVENILE CAUSES Md. Rules Form 903-P/A (2012) Form 903-P/A. Juvenile petition -- Adult

(Caption) JUVENILE PETITION -- ADULT TO THE HONORABLE JUDGE OF THE COURT:

The Petition of the State of Maryland respectfully shows:

1. That the Respondent was born on ......... and is an adult residing at ............................................................................. 2. That your petitioner alleges that the Respondent has willfully committed an act, omission, or condition which contributed to, encouraged, caused or tended to cause .............. to be brought within the jurisdiction of the Courts as a

[] delinquent child. [] child in need of supervision. [] child in need of assistance.

3. That the facts on which the allegation is based are as follows: ............................................................................. in violation of section 3-831 of the Courts Article of the Annotated Code of Maryland. 4. That pending these proceedings, the Respondent was [] not arrested on this charge [] released on recognizance [] detained in default of $..... bail.

WHEREFORE, the State asks that the Court make appropriate findings and dispositions under the Juvenile Causes Law (Title 3, Subtitle 8, Courts Article, Annotated Code of Maryland).

STATE OF MARYLAND By................................ State's Attorney for ......... City/County Petitioner

The names of each witness to be summoned in support of this petition are:

Rev. 9/76 MARYLAND RULES APPENDIX: FORMS FORMS FOR JUVENILE CAUSES Md. Rules Form 904-R (2012) Form 904-R. Recognizance of parent, guardian, or custodian RECOGNIZANCE OF PARENT, GUARDIAN, OR CUSTODIAN I hereby acknowledge:

1. That I am the parent, guardian, or custodian of........................; 2. That the child was released into my custody at ......... o'clock on .........., 19 ..., pending possible proceedings in the ......... Court for ......... City/County, sitting as a Juvenile Court; 3. That, as a condition of the child's release, I hereby assume the responsibility for retaining custody and control of the child and for bringing him before the court when ordered to do so; 4. That I have posted $ ..... as security for the child's appearance in court, and that all or part of it may be forfeited if I fail to produce the child when ordered to do so; 5. That the child may be taken into custody and I may be proceeded against for contempt of court if I fail to produce the child before the court when ordered to do so. 6. That I will immediately notify the Clerk of the Juvenile Court at ..............., ..............., of any new address for me or the child. Address .............. Witness Parent/Guardian/Custodian ................................. Address ......... Date ...................... Telephone Number Telephone .................

Rev. 9/76

MARYLAND RULES APPENDIX: FORMS FORMS FOR JUVENILE CAUSES Md. Rules Form 904-S (2012) Form 904-S. Summons (Caption) SUMMONS STATE OF MARYLAND ........................ City/County TO: ........................ ........................ (Address) ........................ ........................ You are hereby summoned to attend a....................................... (specify type) hearing in this case at .........., 19 ..., at ....., Maryland.

IF YOU FAIL TO ATTEND, YOU MAY BE ARRESTED. ISSUED the ......... day of ......... , 19 ... WITNESS the Honorable............................. Judge of the .......... (place) Court for ................... City/County, Maryland. .....................................

(SEAL)

Clerk

TO THE PERSON SUMMONED: TAKE NOTICE that the Court may, at this or any later hearings, consider and pass orders concerning but not limited to the detention, shelter care, commitment, custody, treatment, and supervision of the respondent child; responsibility for his support; restitution by the respondent and/or his parents in an amount not to exceed $ 10,000; controlling the conduct of persons before the court; and assessment of court costs. You may, if you wish, retain a lawyer to represent you or the child; if you do, be sure to show this Summons to him. If you cannot afford a lawyer, contact the Office of the Public Defender on any weekday between 8:30 and 4:30 at: .............. . Telephone Number: .............. . A postponement will NOT be granted because you fail to contact a lawyer. If you do not want a lawyer, but you wish to subpoena witnesses on your behalf or on behalf of the respondent child, you must list their names and addresses neatly on the enclosed Request for Witness Subpoena Form, and mail it promptly to the Clerk at the address shown on the form. RETURN OF SERVICE

SUMMONED ........................ Non Est:................................................................... by personal service and delivering Other...................................................................... a copy of this Summons and the attached .............................. ATTEMPTS AT SERVICE ......................................... ...................................................................... ......

to the said ............................... at ..................................

Date Time Date Time .. ..

this ......... day of ......... By: ............................................................................. 19 ... Sheriff

Rev. 9/76, 7/87, 12/95

MARYLAND RULES APPENDIX: FORMS FORMS FOR JUVENILE CAUSES Md. Rules Form 904-R/WS (2012) Form 904-R/WS. Request for witness subpoena

(Caption) REQUEST FOR WITNESS SUBPOENA Clerk, Juvenile Court for ............. City/County ............... (address) ...............

Please subpoena the following:

Name: ......................... Address:

.................

.......................... .............................................................. .......................... .............................................................. .......................... .............................................................. .......................... .............................................................. to testify for the respondent at the hearing in this case.

Signed............................ Respondent, Parent, Guardian, Custodian or Attorney (Circle appropriate status)

Rev. 9/76 MARYLAND RULES APPENDIX: FORMS FORMS FOR JUVENILE CAUSES Md. Rules Form 904-WS (2012) Form 904-WS. Witness subpoena

(Caption) WITNESS SUBPOENA STATE OF MARYLAND ................ City/County: TO: ...................... ................... (Address) ...................

You are hereby subpoenaed to attend a hearing in this case at ........ M. on (time) .............. at ..............., Maryland, to testify on behalf of the date place

State/Respondent.

IF YOU FAIL TO ATTEND, YOU MAY BE ARRESTED.

ISSUED the ..... day of .........., 19 ...

WITNESS the Honorable .............., Judge of the ............. Court for ............. City/County, Maryland.

............................... (SEAL) RETURN OF SERVICE SUBPOENAED .............. by personal service of a copy of this Subpoena Subpoenaed on the said Date Time Date Time ............................... at .................................. this ..... day of .............. 19 ... Sheriff .. .. By: Non Est:.. Other:. Clerk

Rev. 9/76 MARYLAND RULES APPENDIX: FORMS FORMS FOR JUVENILE CAUSES

Md. Rules Form 904-WA (2012) Form 904-WA. Writ of attachment

(Caption) WRIT OF ATTACHMENT TO THE SHERIFF OF ........... CITY/COUNTY

WHEREAS, the Respondent ............, was released in the custody of his parent, guardian or custodian on recognizance pending further proceedings, and his parent, guardian or custodian has failed to produce the Respondent at a hearing before the Court, you are commanded to take the said Respondent into custody and deliver him before the Court.

ISSUED this ..... day of .........., 19 ... by the ........... Court for ........... City/County, Maryland.

................................. Clerk

CIPI this ..... day of .........., 19 ..., at ... M. and copy of writ delivered.

NON EST .............

................................. Sheriff

Rev. 9/76 MARYLAND RULES APPENDIX: FORMS FORMS FOR JUVENILE CAUSES Md. Rules Form 905-OE (2012) Form 905-OE. Order for physical or mental examination of respondent

(Caption) ORDER FOR PHYSICAL OR MENTAL EXAMINATION OF RESPONDENT WHEREAS, the Respondent is before this Court on a Juvenile Petition alleging that he is:

[] delinquent [] in need of supervision [] in need of assistance; and

The Court believing that the Respondent should be examined in order to assist the Court in making a proper adjudication and disposition, it is thereupon

ORDERED, this ..... day of ............, 19 ..., by the ........... Court for ........... City/County, Maryland, sitting as a Juvenile Court, that the Respondent ................... be examined by a qualified ........... at ........... on or before ............, 19 ..., for the purpose of advising the Court as to

[] his competence to participate in these proceedings [] his responsibility for the alleged acts [] his general mental and physical condition [] the propriety of the Court waiving its jurisdiction [] any physical or mental condition that may require treatment

and it is further

ORDERED, that the Report of the examination be delivered to Court; and it is further

ORDERED, that the cost of the examination be paid by .............; and it is further

ORDERED, that a copy of this Order be served on the Respondent and on

................. Recommended:

.................................. Master for Juvenile Causes

................................. Judge

Rev. 9/76 MARYLAND RULES APPENDIX: FORMS FORMS FOR JUVENILE CAUSES Md. Rules Form 912-A (2012)

Form 912-A. Authorization for emergency detention or shelter care pending hearing

(Caption) AUTHORIZATION FOR EMERGENCY DETENTION OR SHELTER CARE PENDING HEARING TO: ............................... ............................... (Address) ...............................

WHEREAS, it has been determined that ............... requires emergency

[] detention, having been alleged delinquent; [] shelter care, having been alleged to be delinquent, in need of supervision, or in need of assistance

you are hereby authorized to receive and keep the child in your care and custody pending a hearing in this case on.................................... (Date)

Dated ............, 19 ...

STATE OF MARYLAND By................................ Juvenile Services Intake Officer for................... City/County

Rev. 9/76

MARYLAND RULES APPENDIX: FORMS FORMS FOR JUVENILE CAUSES Md. Rules Form 912-N (2012) Form 912-N. Notice of emergency detention/shelter care and notice of hearing

(Caption) NOTICE OF EMERGENCY DETENTION/SHELTER CARE AND NOTICE OF HEARING TO: ............................................ ............................................ (Address) ............................................

Parent, Guardian or Custodian of ............................................ TAKE NOTICE that ........... has been taken into custody for the reason that he is alleged to be [] delinquent [] in need of supervision [] in need of assistance and that he was at ... M. on ....... placed in emergency detention/shelter care at .........., Maryland, for the reasons indicated below: [] to protect the child, or the person and property of others; [] the child is believed likely to leave the jurisdiction of the Court; [] there appears to be no parent, guardian or custodian able to provide supervision and care for the child when required. A hearing has been scheduled for ... M. on ........, 19 ..., before the ............. Court for ............. City/County, Maryland, to determine whether the said child should remain in detention or shelter care. AS THE PARENT, GUARDIAN, OR CUSTODIAN OF THE CHILD, YOU ARE DIRECTED TO BE PRESENT AT THE HEARING. If you wish, you may contact the Juvenile Services Agency Intake Officer at .............. Maryland, Telephone No. ......... STATE OF MARYLAND By.................................... Juvenile Services Intake Officer for ........... City/County

Rev. 9/76, 8/87

MARYLAND RULES APPENDIX: FORMS FORMS FOR JUVENILE CAUSES Md. Rules Form 912-O/CDSC (2012) Form 912-O/CDSC. Order for continued detention or shelter care

(Caption) ORDER FOR CONTINUED DETENTION OR SHELTER CARE WHEREAS, the Respondent having been alleged/adjudicated to be delinquent/in need of supervision/in need of assistance, and the Court, after a hearing, having found that the respondent's continued detention or shelter care is necessary pending further proceedings in this case; it is ORDERED, this ........... day of ............, 19 ..., by the ............. Court for ............. City/County, Maryland, sitting as a Juvenile Court, that the detention/shelter care of the Respondent at ............. Maryland be continued pending the further order of this Court or the expiration of 30 days from the date of this Order, whichever first occurs; and it is further ORDERED, that ............. be, and hereby is, authorized and directed to retain the Respondent in its care and custody, with the right to consent to such medical, surgical and hospital care and treatment as may from time to time be determined to be in Respondent's best interests, subject to the further order of this Court; and it is further ORDERED, that ............. deliver the Respondent to the appropriate detention/shelter care facility and it is further ORDERED, that a copy of this Order be served on the Respondent ............. and .............. Recommended:

.................................. Master for Juvenile Causes

Judge MARYLAND RULES APPENDIX: FORMS FORMS FOR JUVENILE CAUSES Md. Rules Form 912-P/CDSC (2012) Form 912-P/CDSC. Petition for continued detention or shelter care

(Caption) PETITION FOR CONTINUED DETENTION OR SHELTER CARE TO THE HONORABLE JUDGE OF THE COURT:

The Petition of the State of Maryland respectfully shows: 1. That the Respondent was taken into custody as the result of certain facts and conditions that indicate that he may be a

[] delinquent child [] child in need of supervision [] child in need of assistance

2. That the Respondent was placed in emergency detention or shelter care at ... M. on ............, 19 ..., at .............................. (place)

3. That an investigation is now being made to determine whether a Juvenile Petition should be filed with respect to the Respondent. 4. That pending the possible filing of Juvenile Petition, the Respondent should remain in detention or shelter care

[] to protect the child, or the person and property of others; [] the child is believed likely to leave the jurisdiction of the Court; [] there appears to be no parent, guardian, or custodian able to provide supervision and care for the child and to return him to Court when required.

WHEREFORE, the State asks that the Court pass an Order continuing the detention or shelter care of the Respondent for a period not to exceed ..... days.

STATE OF MARYLAND By................................ Juvenile Services Intake Officer for.....................City/County

Rev. 9/76 MARYLAND RULES APPENDIX: FORMS FORMS FOR JUVENILE CAUSES Md. Rules Form 913-O/W (2012) Form 913-O/W. Order waiving juvenile jurisdiction

(Caption) ORDER WAIVING JUVENILE JURISDICTION WHEREAS, [] a waiver hearing having been held, upon petition by the State of Maryland/Motion of the Court, [] is ORDERED, this ........... day of ............, 19 ..., by the ........... Court for ........... City/County, Maryland, sitting as a Juvenile Court, that this Court's exclusive original jurisdiction over the Respondent ........... be, and it hereby is, waived; and it is further ORDERED, that the Respondent be held for action under the appropriate after summary review pursuant to 3-817 of the Courts Article, it

criminal procedure; and it is further ORDERED, that the Respondent be placed in the custody of the sheriff or other appropriate officer in an adult detention facility pending a bail hearing pursuant to Rule 4-222; and it is further ORDERED, that a copy of this Order be served upon the Respondent, the State's Attorney for ........... City/County, Maryland, and the sheriff or other custodian of the adult detention facility.

................................ Judge

Rev. 9/76 MARYLAND RULES APPENDIX: FORMS FORMS FOR JUVENILE CAUSES Md. Rules Form 913-P/W (2012) Form 913-P/W. Petition for waiver of juvenile jurisdiction

(Caption) PETITION FOR WAIVER OF JUVENILE JURISDICTION TO THE HONORABLE JUDGE OF THE COURT:

The Petition of the State of Maryland respectfully shows:

1. That the Respondent was born on .................. 2. That the petition filed in these proceedings alleges that the respondent is a delinquent child. 3. That the Respondent is an unfit subject for juvenile rehabilitative measures because:

[]

he is ......... years of age and

[] by reason of his physical and mental condition or past experience, he is not amenable to treatment in any institution, facility, or program available to delinquents; [] [] [] of the seriousness of the alleged offense; of the degree of his alleged participation in the offense; of the requirements of public safety;

[] the Court has previously waived its jurisdiction with respect to the Respondent on another petition alleging delinquency.

WHEREFORE, the State asks that the Court waive its exclusive original jurisdiction so that the Respondent may be tried in the criminal court.

STATE OF MARYLAND By................................ State's Attorney for.....................City/County

Rev. 9/76

MARYLAND RULES APPENDIX: FORMS FORMS FOR JUVENILE CAUSES Md. Rules Form 914-O/A (2012) Form 914-O/A. Order of adjudication

(Caption) ORDER OF ADJUDICATION THIS cause having come on for an adjudicatory hearing on notice to all parties, the Court finds that the allegations of the petition have been proved

[] beyond a reasonable doubt, that the respondent is a delinquent child; [] by a preponderance of the evidence, that the respondent is a child in need of supervision; [] by a preponderance of the evidence, that the respondent is a child in need of assistance; and it is thereupon

ADJUDGED, ORDERED and DECREED, this ........... day of ............, 19 ..., by the ........... Court for ........... City/County, Maryland,

sitting as a Juvenile Court, that the Respondent ........... be and hereby is made and declared to be a ward of this Court; and it is further ORDERED, that a copy of this Order be served upon the Respondent and....

Recommended:

.................................. Master for Juvenile Causes

................................. Judge

Rev. 9/76 MARYLAND RULES APPENDIX: FORMS FORMS FOR JUVENILE CAUSES Md. Rules Form 915-O/PDC (2012) Form 915-O/PDC. Order for probation of delinquent child

(Caption)

ORDER FOR PROBATION OF DELINQUENT CHILD WHEREAS, the Respondent has been adjudicated as a delinquent child, and the Court believes that the Respondent should be placed on probation, it is

ORDERED, this ........... day of ............, 19 ..., by the ........... Court for ........... City/County, Maryland, sitting as a Juvenile Court, that the Respondent ........... be, and hereby is placed on probation in the custody of ........... but under the supervision of ........... and subject to the following special conditions:

............................................................................. .............................................................................

and to the further order of this Court; and it is further

ORDERED, that a copy of this Order be served on the Respondent and

Recommended: .................................. Master for Juvenile Causes

................................. Judge

Rev. 9/76

MARYLAND RULES APPENDIX: FORMS FORMS FOR JUVENILE CAUSES Md. Rules Form 915-O/CJ (2012) Form 915-O/CJ. Order for commitment of juvenile

(Caption) ORDER FOR COMMITMENT OF JUVENILE WHEREAS, the Respondent was made a ward of this Court on ..............., 19 ..., and the Court finds that the best interests of both the Respondent and the public would be served by removing the Respondent from his present environment, it is thereupon ORDERED, this ........... day of ............, 19 ..., by the ........... Court for ........... City/County, Maryland, sitting as a Juvenile Court, that the Respondent ........... be, and hereby is committed to the care and custody of .............. with the right of the custodian to consent to such medical, surgical, and hospital care and treatment as may from time to time be determined to be in the Respondent's best interest, subject to the further Order of this Court; and it is further ORDERED, that ........... shall deliver the Respondent to the appropriate detention/shelter care facility; and it is further

ORDERED, that a copy of this Order be served upon the Respondent and.......................................................................

Recommended:

.................................. Master for Juvenile Causes

................................. Judge

Rev. 9/76 MARYLAND RULES APPENDIX: FORMS FORMS FOR JUVENILE CAUSES Md. Rules Form 915-O/PS (2012) Form 915-O/PS. Order for protective supervision

(Caption) ORDER FOR PROTECTIVE SUPERVISION

WHEREAS, the Respondent has been adjudicated as a child in need of supervision/assistance, and the Court believes that the Respondent should be placed in protective supervision, it is thereupon, ORDERED, this ........... day of ............, 19 ..., by the ........... Court for ........... City/County, Maryland, sitting as a Juvenile Court, that the Respondent ........... be, and hereby is, placed in protective supervision in the custody of ........... but under the supervision of ........... subject to the following special conditions:.................... ............................................................................. and to the further order of this Court; and it is further ORDERED, that a copy of this Order be served upon the Respondent and.......................................................................

Recommended:

.................................. Master for Juvenile Causes ................................. Judge

Rev. 9/76 MARYLAND RULES APPENDIX: FORMS FORMS FOR JUVENILE CAUSES Md. Rules Form 915-O/PA (2012)

Form 915-O/PA. Order for probation -- Adult

(Caption) ORDER FOR PROBATION -- ADULT WHEREAS, the Respondent has been convicted of violating Section 3-831 of the Courts Article, and the Court believes that the Respondent should be placed on probation under the conditions set forth in this Order, it is thereupon ORDERED, this ........... day of ............, 19 ..., by the ........... Court for ........... City/County, Maryland, sitting as a Juvenile Court, that the Respondent ........... be, and hereby is, placed on probation for a period of ....... under the supervision of ........... subject to the following special conditions: ............................................................................. ............................................................................. and to the further order of this Court; and it is further ORDERED, that a copy of this Order be served upon the Respondent and...... Recommended:

.................................. Master for Juvenile Causes ................................. Judge

Rev. 9/76 MARYLAND RULES APPENDIX: FORMS FORMS FOR JUVENILE CAUSES Md. Rules Form 916-O/RCAS (2012) Form 916-O/RCAS. Order rescinding commitment and for aftercare supervision

(Caption) ORDER RESCINDING COMMITMENT AND FOR AFTERCARE SUPERVISION WHEREAS, the Respondent was committed by this Court to ........... on ............, 19 ..., and the Court having found, upon the petition of ............, that the interests of the Respondent and the public would best be served by the Respondent's release from commitment and placement in protective supervision, it is thereupon ORDERED, this ..... day of .........., 19 ..., by the ......... Court for ......... City/County, Maryland, sitting as a Juvenile Court, that the commitment of the Respondent ........... be, and it hereby is, rescinded, and that the Respondent be released into the custody of ........... effective ............, 19 ...; and it is further ORDERED, that the Respondent be, and hereby is, placed under the supervision of ................... subject to the following special conditions ............................................................................. and subject to the further Order of this Court; and it is further ORDERED, that a copy of this Order be served on the Respondent, and on ............................................................................

Recommended:

.................................. Master for Juvenile Causes

................................. Judge

Rev. 9/76 MARYLAND RULES APPENDIX: FORMS FORMS FOR JUVENILE CAUSES Md. Rules Form 916-P/RPC (2012) Form 916-P/RPC. Petition for revocation of probation and for commitment of delinquent child

(Caption) PETITION FOR REVOCATION OF PROBATION AND FOR COMMITMENT OF DELINQUENT CHILD TO THE HONORABLE JUDGE OF THE COURT:

The Petition of the State of Maryland respectfully shows:

1. That the Respondent was placed on probation in the custody of and under supervision of .............. by Order of this Honorable Court dated ............, 19 ..., subject to the following special conditions ........................ and to the further Order of the Court. 2. That the Respondent has violated the following conditions of probation ............................................................................. ............................................................................. WHEREFORE, the State asks that an Order be passed directing the Respondent to appear and show cause why his probation should not be revoked and why he should not be committed.

STATE OF MARYLAND

By................................

................................... (Agency) Petitioner

Rev. 9/76

MARYLAND RULES APPENDIX: FORMS FORMS FOR JUVENILE CAUSES Md. Rules Form 916-P/RPSC (2012) Form 916-P/RPSC. Petition for revocation of protective supervision and for commitment

(Caption) PETITION FOR REVOCATION OF PROTECTIVE SUPERVISION AND FOR COMMITMENT TO THE HONORABLE JUDGE OF THE COURT:

The Petition of the State of Maryland respectfully shows:

1. That the Respondent was placed in protective supervision in the custody of ........... and under supervision of ........... by Order of this Honorable Court on ............, 19 ..., subject to the following special conditions ................... and subject to the further Order of the Court. 2. That the following conditions of protective supervision have been violated .............................................................................

WHEREFORE, the State asks that an Order be passed directing the Respondent to appear and show cause why the protective supervision should not be revoked and why he should not be committed.

STATE OF MARYLAND

By................................

................................... (Agency)

Petitioner

Rev. 9/76 MARYLAND RULES APPENDIX: FORMS FORMS FOR JUVENILE CAUSES Md. Rules Form 916-O/TPPS (2012) Form 916-O/TPPS. Order terminating probation/protective supervision

(Caption) ORDER TERMINATING PROBATION/PROTECTIVE SUPERVISION

WHEREAS, the Respondent was placed on probation/in protective supervision by Order of this Court on .........., 19 ..., and the Court having found that the interests of the Respondent and the public would best be served by releasing the Respondent from that status, it is thereupon ORDERED, this ......... day of .........., 19 ..., by the ......... Court for ......... City/County, Maryland, sitting as a Juvenile Court, that the aforementioned Order for Probation/Protective Supervision be, and hereby is, rescinded, and the Respondent be, and hereby is, released from Probation/Protective Supervision; and it is further ORDERED, that a copy of this Order be served on the Respondent and on .............................................................................

Recommended: .................................. Master for Juvenile Causes

................................. Judge

Rev. 9/76 MARYLAND RULES APPENDIX: FORMS FORMS FOR JUVENILE CAUSES Md. Rules Form 916-SCO (2012)

Form 916-SCO. Show cause order

(Caption) SHOW CAUSE ORDER UPON consideration of the petition of the State of Maryland/the Motion of the Court, it is

ORDERED, this ....... day of ........, 19 ..., by the ......... Court for ......... City/County, sitting as a Juvenile Court, that the Respondent ......... be, and hereby is, directed to appear in this Court at ... .M. on ......... 19 ..., and show cause why the Order for Probation or Protective Supervision passed on .........., 19 ..., should not be rescinded and why the Respondent should not be committed; provided that a copy of this Order and the petition of the State, if any, be served upon the Respondent and on ........... on or before ............, 19 ...

Recommended:

.................................. Master for Juvenile Causes

.................................

Judge

Rev. 9/76 MARYLAND RULES APPENDIX: FORMS FORMS FOR JUVENILE CAUSES Md. Rules Form 918-O/S (2012) Form 918-O/S. Order for support

(Caption) ORDER FOR SUPPORT ORDERED, this ........... day of .........., 19 ..., by the ........... Court for ......... City/County, Maryland, sitting as a Juvenile Court, that ......... be, and hereby is, directed to pay the sum of $......... per ......... toward the support and maintenance of .........., a child subject to the jurisdiction of this Court, subject to the further Order of the Court; and it is further ORDERED, that this sum be paid to ............; and it is further ORDERED, that a copy of this Order be served on ........... and ...........

Recommended: .................................. Master for Juvenile Causes

................................. Judge

Rev. 9/76 MARYLAND RULES APPENDIX: FORMS FORMS FOR JUVENILE CAUSES Md. Rules Form 918-O/JR (2012) Form 918-O/JR. Order for judgment of restitution

(Caption) ORDER FOR JUDGMENT OF RESTITUTION WHEREAS, the Court having found that the Respondent child [] stole, damaged, destroyed, converted, unlawfully obtained, or substantially decreased the value of the property of.......................... ................................................in the amount of $ ...........; [] inflicted personal injury on ..................................................... requiring that person to incur medical, dental, hospital, funeral or burial expenses in the amount of $ ..........; and that ................... is the Respondent child or the parent of the Respondent child, it is thereupon ORDERED, this ......... day of .........., 19 ..., by the Court for ................... City/County, Maryland, sitting as a Juvenile Court, that Judgment of Restitution in the amount of $ ......... be, and it hereby is, entered against ................... jointly and severally in favor of

...................., pursuant to Section 3-829 of the Courts Article, and that the judgment debtor pay the costs of this proceeding; and it is further ORDERED, that a copy of this Order be served on the Respondent, on ................... and on ................... Recommended:

................................. Master for Juvenile Causes ................................... Judge

Rev. 9/76, 7/87, 8/87 MARYLAND RULES APPENDIX: FORMS FORMS FOR JUVENILE CAUSES Md. Rules Form 920-FOT (2012) Form 920-FOT. Final order of termination

(Caption) FINAL ORDER OF TERMINATION ORDERED, this ......... day of .........., 19 ..., by the ......... Court for ......... City/County, Maryland, sitting as a Juvenile Court, that this proceeding be, and it hereby is, terminated; and it is further ORDERED, that a copy of this Order be served on the Respondent and on

.................................. Recommended:

.................................. Master for Juvenile Causes

................................. Judge

Rev. 9/76

MARYLAND RULES APPENDIX: FORMS FORMS FOR EXPUNGEMENT OF RECORDS Md. Rule Note (2012) Note -- FORMS FOR EXPUNGEMENT OF RECORDS Rescinded April 6, 1984, effective July 1, 1984. MARYLAND RULES APPENDIX: FORMS BAIL BOND FORMS

Md. Rule Note (2012) Note -- BAIL BOND FORMS Rescinded April 6, 1984, effective July 1, 1984. MARYLAND RULES APPENDIX: FORMS FORMS FOR SPECIAL ADMISSION OF OUT-OF-STATE ATTORNEY Md. Rules Form RGAB-14/M (2012) Form RGAB-14/M. Motion for special admission of out-of-state attorney under Rule 14 of the Rules Governing Admission to the Bar of Maryland

(Caption) MOTION FOR SPECIAL ADMISSION OF OUT-OF-STATE ATTORNEY UNDER RULE 14 OF THE RULES GOVERNING ADMISSION TO THE BAR OF MARYLAND I, ............, attorney of record in this case, move that the court admit, ........... of ............, an out-of-state attorney who is a member (name) (address)

in good standing of the Bar of............................................., for the limited purpose of appearing and participating in this case as co-counsel with me. Unless the court has granted a motion for reduction or waiver, the $ 100.00 fee required by Code, Courts and Judicial Proceedings Article, 7-202 (e) is attached to this motion. I [] do [] do not request that my presence be waived under Rule 14 (d) of the Rules Governing Admission to the Bar of Maryland. ............................................. Signature of Moving Attorney

............................................. Name ............................................ Address ............................................. Telephone Attorney for................................ CERTIFICATE AS TO SPECIAL ADMISSIONS I, ............, certify on this ........... day of ............, ....., that during the preceding twelve months, I have been specially admitted in the State of Maryland ........... times.

............................................. Signature of Out-of-State Attorney ............................................. Name ............................................. Address ............................................. Telephone (Certificate of Service) HISTORY: (Amended September 8, 2011, effective January 1, 2012.)

MARYLAND RULES APPENDIX: FORMS FORMS FOR SPECIAL ADMISSION OF OUT-OF-STATE ATTORNEY Md. Rules Form RGAB-14/O (2012) Form RGAB-14/O. Order

(Caption) ORDER ORDERED, this ..... day of ............, ....., by the ........... Court for ............, Maryland, that [] ........... is admitted specially for the limited purpose of appearing and participating in this case as co-counsel for ............ The presence of the Maryland lawyer [] is [] is not waived. [] That the Special Admission of ........... is denied for the following reasons:..................................................................... ........................ and the Clerk shall return any fee paid for the Special Admission and it is further ORDERED, that the Clerk forward a true copy of the Motion and of this Order to the State Court Administrator.

............................................. Judge HISTORY: (Amended September 8, 2011, effective January 1, 2012.)

MARYLAND RULES APPENDIX: FORMS FORM INTERROGATORIES Md. Rules Form 1 (2012) Form 1. Instructions TO: FROM: Instructions Pursuant to Rule 2-421, you are required to answer the following interrogatories within 30 days or within the time otherwise required by court order or by the Maryland Rules: (a) In accordance with Rule 2-421 (b), your response shall set forth the interrogatory, and shall set forth the answer to the interrogatory "separately and fully in writing under oath" or "shall state fully the grounds for refusal to answer any interrogatory." The response shall be signed by you. (Standard Instruction (a).) (b) Also in accordance with Rule 2-421 (b), your answers "shall include all information available" to you "directly or through agents, representatives, or attorneys." (Standard Instruction (b).) (c) Pursuant to Rule 2-401 (e), these interrogatories are continuing. If you obtain further material information before trial you are required to supplement your answers promptly. (Standard Instruction (c).) (d) If pursuant to Rule 2-421 (c), you elect to specify and produce business records of yours in answer to any interrogatory, your specification shall be in sufficient detail to enable the interrogating party to locate and identify the records from which the answer may be ascertained. (Standard Instruction (d).) (e) If you perceive any ambiguities in a question, instruction, or definition, set forth the matter deemed ambiguous and the construction used in answering. (Standard Instruction (e).) [Name of party to answer interrogatories] [Name of party propounding interrogatories]

MARYLAND RULES APPENDIX: FORMS FORM INTERROGATORIES Md. Rules Form 2 (2012) Form 2. General definitions Definitions In these interrogatories, the following definitions apply: (a) Document includes electronically stored information and any writing, drawing, graph, chart, photograph, sound recording, image, and other data or data compilation stored in any medium from which information can be obtained, translated, if necessary, through detection devices into reasonably usable form. (Standard General Definition (a).) (b) Identify, identity, or identification, (1) when used in reference to a natural person, means that person's full name, last known address, home and business telephone numbers, and present occupation or business affiliation; (2) when used in reference to a person other than a natural person, means that person's full name, a description of the nature of the person (that is, whether it is a corporation, partnership, etc. under the definition of person below), and the person's last known address, telephone number, and principal place of business; (3) when used in reference to any person after the person has been properly identified previously means the person's name; and (4) when used in reference to a document, requires you to state the date, the author (or, if different, the signer or signers), the addressee, the identity of the present custodian of the document, and the type of document (e.g., letter, memorandum, telegram, or chart) or to attach an accurate copy of the document to your answer, appropriately labeled to correspond to the interrogatory. (Standard General Definition (b).) (c) Person includes an individual, general or limited partnership, joint stock company, unincorporated association or society, municipal or other corporation, incorporated association, limited liability partnership, limited liability company, the State, an agency or political subdivision of the State, a court, and any other governmental entity. (Standard General Definition (c).) HISTORY: (Amended June 10, 1997, effective July 1, 1997; Mar. 5, 2001, effective July 1, 2001; amended Sept. 10, 2009, effective Oct. 1, 2009.)

MARYLAND RULES APPENDIX: FORMS FORM INTERROGATORIES Md. Rules Form 3 (2012)

Form 3. General interrogatories Interrogatories 1. Identify each person, other than a person intended to be called as an expert witness at trial, having discoverable information that tends to support a position that you have taken or intend to take in this action, including any claim for damages, and state the subject matter of the information possessed by that person. (Standard General Interrogatory No. 1.) 2. Identify each person whom you expect to call as an expert witness at trial, state the subject matter on which the expert is expected to testify, state the substance of the findings and opinions to which the expert is expected to testify and a summary of the grounds for each opinion, and, with respect to an expert whose findings and opinions were acquired in anticipation of litigation or for trial, summarize the qualifications of the expert, state the terms of the expert's compensation, and attach to your answers any available list of publications written by the expert and any written report made by the expert concerning the expert's findings and opinions. (Standard General Interrogatory No. 2.) 3. If you intend to rely upon any documents, electronically stored information, or tangible things to support a position that you have taken or intend to take in the action, including any claim for damages, provide a brief description, by category and location, of all such documents, electronically stored information, and tangible things, and identify all persons having possession, custody, or control of them. (Standard General Interrogatory No. 3.) 4. Itemize and show how you calculate any economic damages claimed by you in this action, and describe any non-economic damages claimed. (Standard General Interrogatory No. 4.) 5. If any person carrying on an insurance business might be liable to satisfy part or all of a judgment that might be entered in this action or to indemnify or reimburse for payments made to satisfy the judgment, identify that person, state the applicable policy limits of any insurance agreement under which the person might be liable, and describe any question or challenge raised by the person relating to coverage for this action. (Standard General Interrogatory No. 5.) HISTORY: (Amended Nov. 12, 2003, effective Jan. 1, 2004; Dec. 4, 2007, effective Jan. 1, 2008.)

MARYLAND RULES APPENDIX: FORMS FORM INTERROGATORIES

Md. Rules Form 4 (2012) Form 4. Domestic relations definitions Definitions (a) Employer means any person that has compensated, or is obligated to compensate, you for services. (Standard Domestic Relations Definition (a).) (b) Fringe benefits include: (1) contributions made by your employer to health insurance, life insurance, disability insurance, pension, profit sharing, or retirement plans; and (2) employer reimbursements or payments that reduce your personal living expenses such as use of a company car, expense accounts, and housing. (Standard Domestic Relations Definition (b).) (c) Property includes: (1) accounts in any financial institution or brokerage, including certificates of deposit; (2) cash; (3) debts owed to you, secured or unsecured, actual or contingent; (4) home furnishings, jewelry, furs, stamp or coin collections, antiques, and works of art; (5) intellectual property, including patents, royalties, and copyrights; (6) interests in any entity, including partnerships, joint ventures, and corporations; (7) interest in improved or unimproved real property, including leaseholds, condominiums, and time share interests; (8) life insurance and annuities; (9) military or federal retirement benefits; (10) pension plans, profit sharing plans, individual retirement accounts, and retirement plans; (11) securities, including stocks, bonds, mutual funds, United States Government obligations, options, and debentures; (12) vehicles, boats, aircraft, equipment, machinery, crops, livestock, and poultry; (13) workers' compensation claims and tort or contract claims against another; and (14) any other interest or asset. (Standard Domestic Relations Definition (c).)

(d) Wages include hourly wages, salary, bonuses, tips, incentive awards, fees, commissions, selfemployment income, and overtime pay. (Standard Domestic Relations Definition (d).) MARYLAND RULES APPENDIX: FORMS FORM INTERROGATORIES Md. Rules Form 5 (2012) Form 5. Domestic relations interrogatories Interrogatories 1. Identify yourself and all individuals with whom you reside. For each individual other than yourself, state that individual's age, relationship to you, and marital status. State your own birth date and social security number. (Standard Domestic Relations Interrogatory No. 1.) 2. Describe your educational background. Include in your answer the highest grade you completed; the name and date of any degree, diploma, or certificate you received, and the name of the institution conferring the degree, diploma, or certificate; and any specialized training you have received. (Standard Domestic Relations Interrogatory No. 2.) 3. If you are currently employed in any capacity, identify each current employer and, for each employment, state: (a) your job title, (b) your duties, (c) the number of hours in your average work week, (d) your regular pay period, (e) your gross wages per pay period, and (f) the deductions per pay period made by your employer from your wages. If overtime work was available to you during the past 12 months, state: (a) the number of overtime hours you worked during the 12 months and your rate of pay for those hours and (b) the number of overtime hours that were available to you during the 12 months but that you did not work and the rate of pay you would have received if you had worked those hours. (Standard Domestic Relations Interrogatory No. 3.) 4. Describe the nature and amount of any fringe benefits that you receive as a result of your employment. (Standard Domestic Relations Interrogatory No. 4.) 5. If you are unemployed, describe your efforts to obtain employment since you became unemployed, identify each prospective employer and employment agency you have contacted while seeking employment and state the date of each contact. (Standard Domestic Relations Interrogatory No. 5.) 6. If you claim you are physically or mentally unable to work or your capacity to work is limited, state the facts upon which your claim is based and identify all persons with personal knowledge of those facts. (Standard Domestic Relations Interrogatory No. 6.) 7. For each employment that you have had during the past five years other than any current

employment, identify each employer and for each employment state: (a) the dates of employment, (b) your duties, (c) your wages, and (d) your reason for leaving the job. If you were unemployed for any period of time, specify the amount and source of any income that you received while unemployed. (Standard Domestic Relations Interrogatory No. 7.) 8. Identify the sources and amounts of all taxable and non-taxable income you received during the past five years. (Standard Domestic Relations Interrogatory No. 8.) 9. Identify the sources and amounts of any other moneys and credit(s) you received during the past five years with an aggregate value in excess of $ 250 in any one year, including gifts, loans from others, loans repaid to you by others, sales of assets, and untaxed distributions. (Standard Domestic Relations Interrogatory No. 9.) 10. List each item of property in which you have any interest. For each item listed, state how it is titled, its value, the amount of any present lien or mortgage on the property, the date of acquisition of the property, and the identity of any other person with an interest in the property. If you claim that any property listed is not marital property, state the facts upon which you base your claim, including all sources of funds used for the acquisition of the property and identify all persons with personal knowledge of those facts. (Standard Domestic Relations Interrogatory No. 10.) 11. If you, either alone or with anyone other than your spouse, transferred property during the last five years of your marriage with a value in excess of $ 250 to any person other than your spouse without receiving full consideration in money or money's worth for the property transferred, identify each person to whom a transfer was made and the property transferred, giving the date and method of transfer and the value of the property at the time of transfer. (Standard Domestic Relations Interrogatory No. 11.) 12. If the information contained on your financial statement submitted pursuant to Rule 9-202 (e) or (f) has changed, describe each change. (Standard Domestic Relations Interrogatory No. 12.) 13. State by type and amount all support provided by you for your spouse and children since the date of your separation. (Standard Domestic Relations Interrogatory No. 13.) 14. State the date on which you separated from your spouse and describe the circumstances of the separation. (Standard Domestic Relations Interrogatory No. 14.) 15. If you contend that you are entitled to a divorce because your spouse's conduct toward you or your minor child was cruel or vicious or that your spouse constructively deserted you, describe your spouse's conduct and state the date and nature of any injuries sustained by you or your minor child and the date, nature, and provider of health care services rendered regarding the injuries. Identify all persons with personal knowledge of your spouse's conduct and all persons with knowledge of any injuries you or your minor child sustained as a result of that conduct. (Standard Domestic Relations Interrogatory No. 15.) 16. State the date on which you and your spouse last had sexual relations with each other. (Standard Domestic Relations Interrogatory No. 16.)

17. If you have had sexual relations with a person other than your spouse during your marriage, identify the person(s) with whom you have had sexual relations, state the date of each act of sexual relations, and state the location where each act took place. If you refuse to answer this interrogatory as framed because the answer would tend to incriminate you, so state and answer for the period ending one year prior to the date of your answers. (Standard Domestic Relations Interrogatory No. 17.) 18. If you have had sexual relations with a person other than your spouse during the marriage and you contend that your spouse has forgiven or condoned your actions, state the facts upon which your contention is based. (Standard Domestic Relations Interrogatory No. 18.) 19. If you contend that your spouse is unfit to have custody of the children, state the facts upon which your contention is based and identify all persons having personal knowledge of these facts. If your contention is based on the use of controlled dangerous substances or the abuse of alcohol on specific occasions, identify the substance used, the other persons present at the time of the use, and the date, time, and place of the use. If your contention is based on the repeated use of controlled dangerous substances or the repeated abuse of alcohol, identify the substance and all persons with personal knowledge of the repeated use or abuse. (Standard Domestic Relations Interrogatory No. 19.) 20. If you have sought or received treatment or therapy at any time during the past 10 years for any physical, mental, or emotional condition, including drug addiction or alcoholism, describe the condition and the treatment or therapy provided, state the date or dates of treatment or therapy, and identify all persons providing treatment or therapy. (Standard Domestic Relations Interrogatory No. 20.) 21. If you contend that placing the children in your sole, shared, or joint custody will be in their best interest, specify the facts and circumstances upon which you rely. (Standard Domestic Relations Interrogatory No. 21.) 22. Describe the child care plan you intend to follow when the children are with you. Include in your answer a description of the place where the children will reside, specifying the number of bedrooms, bathrooms, and other rooms, the distance to the school which the children will attend, and the identity of all other persons who will be residing in that household. Identify all persons who will care for the children in your absence, state the hours during which they will care for the children, and the location where the care will be provided. (Standard Domestic Relations Interrogatory No. 22.) HISTORY: (Amended Dec. 16, 1999, effective Jan. 1, 2000; Nov. 12, 2003, effective Jan. 1, 2004.) MARYLAND RULES APPENDIX: FORMS FORM INTERROGATORIES

Md. Rules Form 6 (2012) Form 6. Motor vehicle tort definitions Definitions (a) The term occurrence, unless otherwise indicated, means the collision or other event complained of in the pleadings. (Standard Motor Vehicle Tort Definition (a).) (b) The phrase in [a, the, or that] vehicle includes entering, exiting, and being in or on a vehicle. (Standard Motor Vehicle Tort Definition (b).) (c) The term possession includes possession, custody, or control. (Standard Motor Vehicle Tort Definition (c).) MARYLAND RULES APPENDIX: FORMS FORM INTERROGATORIES Md. Rules Form 7 (2012) Form 7. Motor vehicle tort interrogatories Interrogatories 1. Identify yourself and state all names by which you have been known, your date of birth, your marital status, and the identity of your spouse. (Standard Motor Vehicle Tort Interrogatory No. 1.) 2. State all addresses at which you have resided for the past five years and the date that you resided at each. (Standard Motor Tort Interrogatory No. 2.) 3. Describe in detail how the occurrence took place. (Standard Motor Vehicle Tort Interrogatory No. 3.) 4. Identify all persons who were witnesses to the occurrence and state their location at the time of the occurrence. 5. Identify all persons who were at or near the scene at the time of the occurrence. (Standard Motor Vehicle Tort Interrogatory No. 5.) 6. If you were in a vehicle at the time of the occurrence, identify all other persons who were in that vehicle. (Standard Motor Vehicle Tort Interrogatory No. 6.) 7. Identify all persons who arrived at the scene within two hours after the occurrence. (Standard Motor Vehicle Tort Interrogatory No. 7.)

8. If you were in a vehicle at the time of the occurrence, state the itinerary of the vehicle, including the time and place of the beginning of the trip, the time and duration of each stop, the destination, and the expected time of arrival. (Standard Motor Vehicle Tort Interrogatory No. 8.) 9. If you were engaged in any activity for an employer or other person at the time of the occurrence, state the nature of the activity and identify the employer or other person. (Standard Motor Vehicle Tort Interrogatory No. 9.) 10. If a report with respect to the occurrence was made in the ordinary course of business, state the date on which the report was made, the identity of the person who made the report, and whether the report was written, oral, or in some other form. Identify each document containing information concerning the report and the custodian of the document. (Standard Motor Vehicle Tort Interrogatory No. 10.) 11. Identify all photographs, videotapes, plats, diagrams, or other depictions of the scene or of things connected with the occurrence that are in your possession. (Standard Motor Vehicle Tort Interrogatory No. 11.) 12. Identify all persons who have given you "statements," as that term is defined in Rule 2-402 (f), concerning the action or its subject matter. For each statement, state the date on which it was given and identify the custodian. (Standard Motor Vehicle Tort Interrogatory No. 12.) 13. If you were charged with any offenses arising out of the occurrence, state the nature of the charges, the court and case number, and the disposition of the charges. (Standard Motor Vehicle Tort Interrogatory No. 13.) 14. If you contend that any party to this action caused or contributed to the occurrence, state concisely the facts on which you rely. (Standard Motor Vehicle Tort Interrogatory No. 14.) 15. If you contend that a person not a party to this action caused or contributed to the occurrence, identify each such person and state concisely the facts upon which you rely. (Standard Motor Vehicle Tort Interrogatory No. 15.) 16. If you owned or were in a vehicle damaged as a result of the occurrence, describe any damage to the vehicle. If the vehicle was repaired, identify the person who performed the repairs, the dates of the repairs, and the cost. If the vehicle is unrepaired, state the address where and the hours when it may be seen. (Standard Motor Vehicle Tort Interrogatory No. 16.) 17. If you owned or were in a vehicle involved in the occurrence, state: when the vehicle was last repaired before the occurrence; the nature, dates, and costs of the repairs; the identity of the persons making the repairs; and the extent of any unrepaired damage to the vehicle immediately prior to the occurrence. (Standard Motor Vehicle Tort Interrogatory No. 17.) 18. If you contend that mechanical failure caused or contributed to the occurrence, state concisely the facts upon which you rely. (Standard Motor Vehicle Tort Interrogatory No. 18.)

19. If you were in a vehicle at the time of the occurrence, identify the owner and the driver of the vehicle. If you were not the owner, state whether you had the permission of the owner to be in the vehicle and the purpose for which permission was given. (Standard Motor Vehicle Tort Interrogatory No. 19.) 20. If you were the driver of a vehicle involved in the occurrence, state whether you have or have ever had any disability, illness, disease, or injury that could affect your ability to operate a motor vehicle, and describe its nature and extent. If treated or evaluated, identify all treating or examining health care providers and the approximate date of each examination or treatment. (Standard Motor Vehicle Tort Interrogatory No. 20.) 21. State whether you used any alcoholic beverages or drugs, whether controlled or otherwise, within 24 hours before the occurrence, the places where they were obtained, the places where they were used, and the nature and amount used. (Standard Motor Vehicle Tort Interrogatory No. 21.) 22. State the substance of all discussions concerning the occurrence that you or others in your presence had with any party to this case. State when and where each discussion took place and identify all persons who were present. (Standard Motor Vehicle Tort Interrogatory No. 22.) 23. State whether you have possession or knowledge of any recordings or transcripts of testimony in any proceeding arising out of the occurrence. If so, state the date and subject matter, and identify each person who recorded the testimony and the custodian of each recording or transcript. (Standard Motor Vehicle Tort Interrogatory No. 23.) 24. If you were in a vehicle involved in the occurrence, state whether the driver of the vehicle has a current driver's license. If so, state when and where the license was issued, the nature of any restrictions on the license, and whether the license was ever suspended or revoked. (Standard Motor Vehicle Tort Interrogatory No. 24.) 25. State whether, at any time during the fifteen year period preceding the date of your answers to these interrogatories, you have been convicted of any crime other than a minor traffic offense. If so, for each conviction identify the court in which you were convicted and state the amount of any fine and the date and length of any incarceration imposed. For purposes of this interrogatory, a conviction includes a plea of nolo contendere followed by a sentence, whether or not the sentence is suspended. (Standard Motor Vehicle Tort Interrogatory No. 25.) 26. If you were in a vehicle at the time of the occurrence, state whether there were any electronic devices capable of two-way voice, text, data, or image transmission in the vehicle and for each device: (a) state the type of device (e.g., cellular telephone, personal digital assistant, citizens' band radio, mobile data terminal); (b) identify the owner of the device;

(c) identify the person who had possession of the device at the time of the occurrence; (d) state whether the device was in use at the time of the occurrence; (e) identify the service provider for the device; (f) state the account number with the service provider; and (g) if the device has a telephone number, state the number, including the area code. (Standard Motor Vehicle Tort Interrogatory No. 26) HISTORY: (Amended Mar. 5, 2001, effective July 1, 2001; Nov. 12, 2003, effective Jan. 1, 2004; Dec. 4, 2007, effective Jan. 1, 2008; amended Sept. 10, 2009, effective Oct. 1, 2009.) MARYLAND RULES APPENDIX: FORMS FORM INTERROGATORIES Md. Rules Form 8 (2012) Form 8. Personal injury interrogatories Interrogatories 1. Describe each injury sustained by you as a result of the occurrence, and state whether the injury was temporary or is permanent. (Standard Personal Injury Interrogatory No. 1.) 2. Describe all current symptoms, disabilities, and other physical or mental conditions that you claim are a result of the occurrence. (Standard Personal Injury Interrogatory No. 2.) 3. Identify each health care provider who has examined or treated you as a result of the occurrence, and for each provider state the date and purpose of each examination or treatment. (Standard Personal Injury Interrogatory No. 3.) 4. Identify all hospitals or other facilities at which you have been examined or treated as a result of the occurrence, and for each state the dates of your examinations or treatments and, if you were admitted, the dates of your admissions and discharges. (Standard Personal Injury Interrogatory No. 4.) 5. Identify all health care providers, other than those otherwise identified in your answers, who have examined or treated you during the period commencing five years before the occurrence and extending to the present, identify all hospitals and other facilities at which you were examined or treated, and describe the condition for which you were examined or treated. (Standard Personal Injury Interrogatory No. 5.) 6. State whether you claim past or future loss of earnings or earning capacity as a result of the occurrence and, if so, state for each category the amount claimed, the method by which you

computed that amount, the figures used in that computation, and the facts and assumptions upon which your claim is based. (Standard Personal Injury Interrogatory No. 6.) 7. State the amount you reported as earned income on your federal income tax returns for each of the past three years and whether you have a copy of the returns. (Standard Personal Injury Interrogatory No. 7.) 8. Itemize all expenses and other economic damages, past and future, that you claim are a result of the occurrence and as to each item claimed identify the item, the amount claimed for that item, the method, if any, by which you computed the amount, the figures used in that computation, and the facts and assumptions upon which your claim is based. (Standard Personal Injury Interrogatory No. 8.) 9. State whether prior or subsequent to the occurrence you have sustained any accidental injury for which you received medical care or treatment. If so, describe the date and circumstances of the accidental injury and identify all health care providers, including hospitals and other institutions, that furnished care to you. (Standard Personal Injury Interrogatory No. 9.) 10. State whether you have applied for any Medicare, Medicaid, or other federally funded benefits with respect to the injuries or occurrence complained of in this action, and if so, for each such application: (a) state the type of benefits involved; (b) identify the funding source to which you applied; (c) state the case number, policy number, or other identifier assigned to your application; (d) state the amount of benefits paid, if any; and (e) identify all documents that contain any of the information requested in this interrogatory. (Standard Personal Injury Interrogatory No. 10.) HISTORY: (Amended Jan. 8, 2002, effective Feb. 1, 2002; amended Sept. 10, 2009, effective Oct. 1, 2009.)

MARYLAND RULES APPENDIX: FORMS FORM INTERROGATORIES Md. Rules Form 9 (2012) Form 9. Product liability definitions

Definitions (a) Component means a part or ingredient. (Standard Product Liability Definition (a).) (b) Component(s) at issue means the [insert description of the alleged defective component(s) of The Product, e.g., "the steering mechanism"] alleged to be defective in this action. If The Product has only one component, the component at issue is The Product. (Standard Product Liability Definition (b).) (c) Component substantially similar to the component(s) at issue means ...[insert fact-specific description of "component substantially similar to the component(s) at issue"]. (d) Occurrence, unless otherwise indicated, means the accident or other event complained of in the pleadings. (Standard Product Liability Definition (d).) (e) Product information means an instruction or warning as to use or risks of a product. (Standard Product Liability Definition (e).) (f) Substantially similar product means ...[insert fact-specific definition of "substantially similar product"]. (g) The Product means the particular [insert description of product, e.g., "XYZ Motors 1999 Dreammobile bearing Vehicle Identification Number ABCD1234EFG56"] alleged in the pleadings to have been involved in the occurrence. (Standard Product Liability Definition (g).) HISTORY: (Added Mar. 5, 2001, effective July 1, 2001.)

MARYLAND RULES APPENDIX: FORMS FORM INTERROGATORIES Md. Rules Form 10 (2012) Form 10. Product liability interrogatories Interrogatories For Use by Either Party 1. Identify the specific provision(s) of each governmental or industry regulation, standard, guideline, recommendation, accepted practice, or custom that you contend was applicable to the design, manufacture, performance, testing, certification, or safety of the component(s) at issue at the time The Product left the manufacturer's control. (Standard Product Liability Interrogatory No. 1.) 2. State whether The Product underwent any change in its condition between the time it left the

manufacturer's control and the time of the occurrence and, if so, describe each change in condition. (Standard Product Liability Interrogatory No. 2.) 3. State whether The Product underwent any change in its condition between the time of the occurrence and the present and, if so, describe each change in condition. (Standard Product Liability Interrogatory No. 3.) 4. State whether, at any time after the occurrence, you or any person on your behalf examined The Product or any of its components and, if so, describe the nature and results of each examination, identify the person who performed it, and identify each document that refers to it. (Standard Product Liability Interrogatory No. 4.) 5. State whether, at any time, you or any person on your behalf conducted any test, study, or other analysis concerning possible safety or health hazards of The Product [or of any substantially similar product] and, if so, describe the nature and results of each test, study, or analysis, state when it was performed, identify each person who performed it, and identify each document that refers to it. (Standard Product Liability Interrogatory No. 5.) 6. If you intend to use at trial a simulation (computer or actual), experiment, test, or analysis, describe each simulation, experiment, test, or analysis, identify the person who created or performed it or who intends to perform it, and identify each document that refers to it. (Standard Product Liability Interrogatory No. 6.) 7. Identify each document that depicts or purports to depict the occurrence or scene of the occurrence. (Standard Product Liability Interrogatory No. 7.) 8. Identify each document that depicts or purports to depict the condition of The Product or any of its components at the time of or after the occurrence. (Standard Product Liability Interrogatory No. 8.) 9. State the date, place, and circumstances under which you first became aware that exposure to or use of The Product [or any substantially similar product] may be harmful or hazardous, identify each source of information leading to your awareness, and identify the harm or hazards of which you became aware. (Standard Product Liability Interrogatory No. 9.) (10) Identify each person (other than your attorney or an expert retained in anticipation of litigation or preparation for trial who is not expected to be called as a witness at trial) who has made any written or oral report, memorandum, or statement to you or anyone acting on your behalf regarding the cause of the occurrence, and identify each document that constitutes or refers to each such report, memorandum, or statement. (Standard Product Liability Interrogatory No. 10.) Interrogatories To Defendant From Plaintiff 31. If you contend that any product information was or should have been provided with The Product at the time of its sale or distribution to the end user, state the subject matter of the product information, identify the person responsible for providing the product information, and identify

each document that constitutes or refers to the product information. (Standard Product Liability Interrogatory No. 31.) 32. Identify and describe each study, experiment, test, or analysis, performed by you or on your behalf, that mentions any adverse effects of the use of The Product [or any substantially similar product]. (Standard Product Liability Interrogatory No. 32.) 33. State whether any product information concerning [insert a description of the particular use or risk at issue in the case] was changed in any way with respect to The Product [or any substantially similar product] during the period [date] through [date]. (Standard Product Liability Interrogatory No. 33.) 34. Identify each safety-related product information, sign, display, or other document furnished by you to sellers for display in their sales facilities from [date] through [date] that concerned The Product [or any substantially similar product]. (Standard Product Liability Interrogatory No. 34.) 35. Describe each change that was made to each item identified in your answer to the preceding Interrogatory, state whether the change was furnished by you to sellers of The Product or their customers, and state when the change was furnished to the sellers or their customers. (Standard Product Liability Interrogatory No. 35.) 36. If at any time before the occurrence you or anyone on your behalf made any statement regarding the safety of The Product [or any substantially similar product]: (a) state the date, time, place, and substance of each statement, the circumstances or occasion when the statement was made, and whether the statement was written or oral; (b) identify each person making the statement; (c) identify reach person to whom the statement was made; and, (d) identify each document that constitutes or refers to the statement. (Standard Product Liability Interrogatory No. 36.) 37. If you contend that the plaintiff was given any written or oral product information concerning The Product at any time before the occurrence, as to each product information: (a) state the substance of the product information; (b) state the date on which the plaintiff was given the product information; (c) identify the person who gave the plaintiff the product information; (d) describe the manner in which the product information was given to the plaintiff; and (e) identify each document that constitutes or refers to the product information. (Standard Product

Liability Interrogatory No. 37.) 38. If you or anyone on your behalf provided to the plaintiff any technical literature, product brochure, or promotional literature concerning The Product at any time before the occurrence: (a) identify the literature or brochure; (b) identify the person who provided the literature or brochure to the plaintiff; and (c) state the date the literature or brochure was given to the plaintiff. (Standard Product Liability Interrogatory No. 38.) 39. If you are aware of any lawsuit or other claim based upon an allegation that a defect in a component substantially similar to the component(s) at issue was a cause of any personal injury, death, or property damage, as to each: (a) state the date you became aware of the lawsuit or claim; (b) state the date and location of the incident involved in the lawsuit or claim and describe the [product(s)] and [component(s)] involved and the nature of the defect alleged; (c) identify the person bringing the lawsuit or claim; and (d) if a lawsuit, identify the court, case caption, and docket number. (Standard Product Liability Interrogatory No. 39.) 40. If there has been any federal or state governmental or industry investigation of the safety of The Product or [any substantially similar product or] the component(s) at issue [or any component substantially similar to the component(s) at issue]: (a) state the date of the investigation; (b) identify the governmental or industry entity that conducted the investigation; (c) describe the nature and subject matter of the investigation; (d) identify each person who responded on your behalf to the investigation; and, (e) identify each document that refers to the investigation. (Standard Product Liability Interrogatory No. 40.) 41. If you or any agent or employee of yours expressly warranted or guaranteed The Product, state the exact words of each warranty or guarantee, and when, where, and by what means the warranty or guarantee was given. (Standard Product Liability Interrogatory No. 41.) 42. If you contend that you or any agent or employee of yours disclaimed any warranty or

guarantee of The Product, state the exact words of each disclaimer, whether you contend that the person harmed by The Product was or should have been aware of the disclaimer, and when, where, and by what means the disclaimer was made. (Standard Product Liability Interrogatory No. 42.) 43. Explain the meaning of each code word, code number, or other symbol appearing on The Product, including any that identifies the place of manufacture, the date of manufacture, the lot or batch of which The Product was a part, or any test or examination of The Product. (Standard Product Liability Interrogatory No. 43.) 44. If there was a change after the date of manufacture of The Product in the design of the component(s) at issue [or component substantially similar to the component(s) at issue]: (a) state the nature of the change; (b) state the reason for the change; (c) state the date of the change; (d) identify each person who directed the change; and (e) identify each document that implements the change. (Standard Product Liability Interrogatory No. 44.) 45. If there was a change after the date of manufacture of The Product in the manufacturing process of the component(s) at issue [or component substantially similar to the component(s) at issue]: (a) state the nature of the change; (b) state the reason for the change; (c) state the date of the change; (d) identify each person who directed the change; and (e) identify each document that implements the change. (Standard Product Liability Interrogatory No. 45.) 46. Identify all persons who (a) were directly responsible for the design, testing, certification, or safety of the component(s) at issue, (b) are most knowledgeable about the design, testing, certification, or safety of the component(s) at issue, (c) manufactured the component(s) at issue, or (d) assembled the component(s) at issue into The Product. As to each person, state the area of that person's responsibility or knowledge (e.g., design, testing, certification, or safety). (Standard Product Liability Interrogatory No. 46.) Interrogatories to Plaintiff from Defendant

61. Name each component at issue and: (a) state whether you contend that its alleged defect is one of design, manufacture, or a failure to provide adequate product information; (b) describe the specific nature of each alleged design, manufacturing, or product information defect; (c) state the facts that support your contention; and (d) identify each person and document having or containing information that supports your contention. (Standard Product Liability Interrogatory No. 61.) 62. With respect to each component at issue for which you contend there was a defect in design, state the particulars of each alternative design that you contend could and should have been employed and state the cost of the alternative design. (Standard Product Liability Interrogatory No. 62.) 63. With respect to each component at issue for which you contend there was a defect in manufacture, identify the applicable manufacturing specifications for the component at issue and state how you contend it failed to meet the prescribed manufacturing specifications. (Standard Product Liability Interrogatory No. 63.) 64. If you contend that this defendant failed to provide adequate product information for The Product, state how the product information was inadequate and how you contend the defendant could and should have made it adequate. (Standard Product Liability Interrogatory No. 64.) 65. State the facts that support your contention that The Product was defective and unreasonably dangerous, state how long the alleged defective or unreasonably dangerous condition existed before the occurrence, and identify each person and document having or containing information that supports your contentions. (Standard Product Liability Interrogatory No. 65.) 66. Identify each person who you contend is responsible for causing the alleged defective or unreasonably dangerous condition of The Product, and identify each person and document having or containing information that supports your contention. (Standard Product Liability Interrogatory No. 66.) 67. State the facts that support your contention that The Product reached you without substantial change in the condition in which it was manufactured, and identify each person and document having or containing information that supports your contention. (Standard Product Liability Interrogatory No. 67.) 68. State the facts that support your contention that the alleged defect in The Product was a proximate cause of the harm alleged in this action. (Standard Product Liability Interrogatory No. 68.)

69. If you contend that The Product was not properly installed before the occurrence, state the facts that support your contention and identify each person and document having or containing information that supports your contention. (Standard Product Liability Interrogatory No. 69.) 70. If you contend that this defendant before the occurrence had notice of any defect or unreasonably dangerous condition of The Product, state the facts that support your contention and identify each person and document having or containing information that supports your contention. (Standard Product Liability Interrogatory No. 70.) 71. Describe each complaint about The Product, if any, made at any time by you or any other person to this defendant, and identify each person and document having or containing information about the complaint. (Standard Product Liability Interrogatory No. 71.) 72. Describe the negligent acts or omissions for which you contend that this defendant is responsible with respect to The Product, state the facts that support your contention, state how each negligent act or omission could and should have been avoided, and identify each person and document having or containing information that supports your contention. (Standard Product Liability Interrogatory No. 72.) 73. If you contend that this defendant violated any statute, regulation, ordinance, standard, or guideline with respect to the manufacture or design of The Product or with respect its product information, for each statute, regulation, ordinance, standard, or guideline provide: (a) the name of the publication in which it appears; (b) the volume and page number of the publication in which it appears; (c) the specific provision that you contend was violated; and (d) its promulgation date and effective date. (Standard Product Liability Interrogatory No. 73.) 74. If you contend that the violation of any statute, regulation, ordinance, standard, or guideline set forth in your answer to the preceding Interrogatory proximately caused any harm alleged in this action, state the facts that support your contention. (Standard Product Liability Interrogatory No. 74.) 75. If you contend that this defendant had a duty to test but failed to test The Product, state the facts that support your contention and identify each person and document having or containing information that supports your contention. (Standard Product Liability Interrogatory No. 75.) 76. Identify the person who sold The Product to the person who owned The Product at the time of the occurrence, and state the sales price, the date of sale, and whether The Product was sold in a "new" or "used" condition. If The Product was sold in a "used" condition, identify each person who owned The Product at any time from the date of its manufacture to the present and state when the person owned it. (Standard Product Liability Interrogatory No. 76.)

77. Identify each person who has or had custody of The Product or any component at issue from the date of the occurrence to the present. For each person identified, state the time during which that person had custody and the exact location, including any street address, at which The Product or component at issue was kept. (Standard Product Liability Interrogatory No. 77.) 78. If you have knowledge of any maintenance or repair that was contemplated, recommended, or conducted, or should have been conducted, on The Product before the occurrence, state the knowledge you have concerning any such maintenance or repair and identify each person and document having or containing any information concerning the maintenance or repair. (Standard Product Liability Interrogatory No. 78.) 79. If you have knowledge of any photograph, video, motion picture, drawing, model, or other image made of The Product or any component at issue at any time, describe the medium on which the image is recorded, identify each person who participated in that process, state the date when the image was made, and identify the person who has present custody of the image. (Standard Product Liability Interrogatory No. 79.) HISTORY: (Added Mar. 5, 2001, effective July 1, 2001.) MARYLAND RULES APPENDIX: FORMS FORM INTERROGATORIES Md. Rules Form 11 (2012) Form 11. Medical Malpractice Definitions Definitions (a) Defendant includes the agents, servants, and employees of the defendant. (Standard Medical Malpractice Definition (a).) (b) Patient means the individual, whether alive or dead, whose medical care is the subject of this action. (Standard Medical Malpractice Definition (b).) HISTORY: (Added Sept. 10, 2009, effective Oct. 1, 2009.) MARYLAND RULES APPENDIX: FORMS FORM INTERROGATORIES Md. Rules Form 12 (2012) Form 12. Medical Malpractice Interrogatories Interrogatories for Use by Either Party

1. If you intend to rely upon or use in direct examination any medical article, treatise, or other publication, identify the document and state: (a) the title of the publication, journal, magazine, or treatise in which each document was published, (b) the name and address of the publisher, (c) the date of publication, and (d) the volume and page or section referenced. (Standard Medical Malpractice Interrogatory No. 1.) Interrogatories to Defendant from Plaintiff 31. Describe the nature and duration of the professional or business relationship between you and any other Defendant. (Standard Medical Malpractice Interrogatory No. 31.) 32. State your professional medical training, qualifications and experience, including: (a) each university or college you attended, each degree awarded to you, and the date of each award; (b) each hospital with which you have been affiliated at any time up to the present, and the nature and inclusive dates of each affiliation. (c) each medical society or association of which you have ever been a member, and the inclusive dates of your membership; (d) each specialty or subspecialty for which you have been certified by an American speciality or subspecialty board, and the date of each certification; and (e) a bibliography of all your publications, including titles, dates and publishers. (Standard Medical Malpractice Interrogatory No. 32.) 33. List, by date and time of day, each occasion on which you saw the Patient, and as to each occasion, describe in detail: (a) nature and scope of your examination of the Patient; (b) the nature and scope of any conversation you had with the Patient or with anyone who accompanied the Patient; (c) what you observed or were told about the Patient's condition; and

(d) the treatment you provided or ordered to be provided for the Patient. (Standard Medical Malpractice Interrogatory No. 33.) 34. Describe in detail and chronological order each test, procedure, or other treatment performed or ordered as part of your care of the Patient, and for each: (a) identify all persons present during the test, procedure, or treatment and state the person's professional relationship to you, if any; and (b) state the reasons for, and result of, the test, procedure, or treatment. (Standard Medical Malpractice Interrogatory No. 34.) 35. For each conversation you had with any other physician or medical professional relating in any way to the care and treatment of the Patient, state the substance, date, time, and place of the conversation, and identify all persons involved. (Standard Medical Malpractice Interrogatory No. 35.) 36. Identify, in chronological order, each writing or dictation known to you and prepared by anyone concerning the treatment of the Patient and made since you first undertook care of the Patient, and set forth as to each: (a) the date on which the writing or dictation was made; (b) the identity of the person who made it; (c) the meanings, in both lay and medical terms, of all abbreviations and symbols used in it; and (d) attach a copy or transcription of it to your answers to these interrogatories. (Standard Medical Malpractice Interrogatory No. 36.) 37. Summarize in detail each conversation that you had with the Patient or with any Plaintiff about any aspect of the Patient's diagnosis, treatment, care or medical condition, and state the date and place of each such conversation. (Standard Medical Malpractice Interrogatory No. 37.) 38. If you gave any advice, instruction, or warning that the Patient did not follow, state: (a) the advice, instruction, or warning that was given; (b) the identity of all persons to whom you gave the advice, instruction, or warning; (c) when and where the advice, instruction, or warning was given; and (d) all reasons given, if any, for not following the advice, instruction or warning. (Standard Medical Malpractice Interrogatory No. 38.) 39. If you contend that, by any act or omission occurring at any time during or following the

Patient's care and treatment, the Patient caused or contributed to the Patient's injury or death, state the facts that support your contention. (Standard Medical Malpractice Interrogatory No. 39.) 40. State your contention as to each cause of the Patient's death or injury that is alleged in the complaint and, as to each cause: (a) state the facts upon which you rely; (b) identify each document containing information that supports your contention; (c) Identify each person who you contend is responsible, in whole or in part, for the Patient's death or injury that is alleged in the complaint and your reasons for contending that the person is responsible; and (d) state the professional relationship to you, if any, of each person named in your response to this Interrogatory. (Standard Medical Malpractice Interrogatory No. 40.) 41. List by author, title, publisher or publication, any texts, treaties, articles or other works which, at the time the Patient was under your care, you regarded as reliable authority with respect to the care that you rendered to the Patient. (Standard Medical Malpractice Interrogatory No. 41.) 42. Identify each instance in which you have been named a defendant, or have testified as an expert witness, in any other claim or suit for personal injury, negligence, or medical malpractice, including in your answer to this Interrogatory: (a) the identity of the person or organization who brought each claim or suit; (b) the date of the filing of each claim or suit; (c) the identifying number of each claim or suit; (d) the date, place, and nature of the occurrence from which the claim or suit arose; and (e) the final disposition of each claim or suit. (Standard Medical Malpractice Interrogatory No. 42.) 43. Identify each person that undertook an investigation of the events surrounding the Patient's death, and for each also state: (a) the person's title or position; (b) the date(s) upon which the person conducted the investigation; (c) the identity of each person contacted or to whom the investigator spoke regarding the events giving rise to this action;

(d) any remedial or corrective action taken as a result of the investigation; and (e) whether there is a written report or other document containing the results of the investigation. (Standard Medical Malpractice Interrogatory No. 43.) Interrogatories to Plaintiff from Defendant 61. State chronologically and in detail: (a) the cause and origin of the injuries alleged in the complaint; (b) if you contend the injuries changed or worsened over time, state how and when; (c) the course of the treatment provided by each defendant; (d) each procedure that was performed by each defendant; (e) the substance of your conversations with each defendant prior to and after each procedure or other treatment, including how the proposed procedure or treatment was described to you; and (f) the extent of your knowledge of, and consent to, each procedure or other treatment. Identify all sources of information about the procedure or other treatment that you consulted before it was performed or rendered, including any sources on the Internet. (Standard Medical Malpractice Interrogatory No. 61.) 62. With respect to defendant [insert name], describe in detail each act or omission that you contend constitutes a breach of the applicable standard of professional care for the Patient or that otherwise forms a basis for your claim against the defendant, and for each such act or omission: (a) explain how you contend it caused or contributed to the Patient's injuries or death alleged in the Complaint; and (b) identify each person and document having or containing information that supports your contention. (Standard Medical Malpractice Interrogatory No. 62.) 63. If you contend that any portion of any medical record, chart, or report is inaccurate, false, or altered: (a) identify each document and each part of it that you contend is inaccurate, false, or altered, and (b) as to each contention, state the factual basis for it. (Standard Medical Malpractice Interrogatory No. 63.) 64. State the substance of all written and oral advice, instructions, and warnings you received from defendant [insert name] before and after each procedure or other treatment, and attach a copy of each written advice, instruction, or warning. If you no longer have the document, summarize your

recollection of its substance. (Standard Medical Malpractice Interrogatory No. 64.) HISTORY: (Added Sept. 10, 2009, effective Oct. 1, 2009.) MARYLAND RULES APPENDIX: THE MARYLAND LAWYERS' RULES OF PROFESSIONAL CONDUCT Md. Lawyer's R. Prof'l Conduct Preamble (2012) Preamble: A lawyer's responsibilities [1] A lawyer, as a member of the legal profession, is a representative of clients, an officer of the legal system and a public citizen having special responsibility for the quality of justice. [2] As a representative of clients, a lawyer performs various functions. As advisor, a lawyer provides a client with an informed understanding of the client's legal rights and obligations and explains their practical implications. As advocate, a lawyer zealously asserts the client's position under the rules of the adversary system. As negotiator, a lawyer seeks a result advantageous to the client but consistent with requirements of honest dealing with others. As evaluator, a lawyer acts by examining a client's legal affairs and reporting about them to the client or to others. [3] In addition to these representational functions, a lawyer may serve as a third-party neutral, a nonrepresentational role helping the parties to resolve a dispute or other matter. Some of these Rules apply directly to lawyers who are or have served as third-party neutrals. See, e.g., Rules 1.12 and 2.4. In addition, there are Rules that apply to lawyers who are not active in the practice of law or to practicing lawyers even when they are acting in a nonprofessional capacity. For example, a lawyer who commits fraud in the conduct of a business is subject to discipline for engaging in conduct involving dishonesty, fraud, deceit or misrepresentation. See Rule 8.4. [4] In all professional functions a lawyer should be competent, prompt and diligent. A lawyer should maintain communication with a client concerning the representation. A lawyer should keep in confidence information relating to representation of a client except so far as disclosure is required or permitted by the Maryland Lawyers' Rules of Professional Conduct or other law. [5] A lawyer's conduct should conform to the requirements of the law, both in professional service to clients and in the lawyer's business and personal affairs. A lawyer should use the law's procedures only for legitimate purposes and not to harass or intimidate others. A lawyer should demonstrate respect for the legal system and for those who serve it, including judges, other lawyers and public officials. While it is a lawyer's duty, when necessary, to challenge the rectitude of official action, it is also a lawyer's duty to uphold legal process. [6] As a public citizen, a lawyer should seek improvement of the law, access to the legal system, the administration of justice and the quality of service rendered by the legal profession. As a member of a learned profession, a lawyer should cultivate knowledge of the law beyond its use for clients, employ that knowledge in reform of the law and work to strengthen legal education. In addition, a lawyer should further the public's understanding of and confidence in the rule of law

and the justice system because legal institutions in a constitutional democracy depend on popular participation and support to maintain their authority. A lawyer should be mindful of deficiencies in the administration of justice and of the fact that the poor, and sometimes persons who are not poor, cannot afford adequate legal assistance. Therefore, all lawyers should devote professional time and resources and use civic influence to ensure equal access to our system of justice for all those who because of economic or social barriers cannot afford or secure adequate legal counsel. A lawyer should aid the legal profession in pursuing these objectives and should help the bar regulate itself in the public interest. [7] Many of a lawyer's professional responsibilities are prescribed in the Maryland Lawyers' Rules of Professional Conduct, as well as substantive and procedural law. However, a lawyer is also guided by personal conscience and the approbation of professional peers. A lawyer should strive to attain the highest level of skill, to improve the law and the legal profession and to exemplify the legal profession's ideals of public service. [8] A lawyer's responsibilities as a representative of clients, an officer of the legal system and a public citizen are usually harmonious. Thus, when an opposing party is well represented, a lawyer can be a zealous advocate on behalf of a client and at the same time assume that justice is being done. So also, a lawyer can be sure that preserving client confidences ordinarily serves the public interest because people are more likely to seek legal advice, and thereby heed their legal obligations, when they know their communications will be private. [9] In the nature of law practice, however, conflicting responsibilities are encountered. Virtually all difficult ethical problems arise from conflict between a lawyer's responsibilities to clients, to the legal system and to the lawyer's own interest in remaining an ethical person while earning a satisfactory living. The Maryland Lawyers' Rules of Professional Conduct often prescribe terms for resolving such conflicts. Within the framework of these Rules, however, many difficult issues of professional discretion can arise. Such issues must be resolved through the exercise of sensitive professional and moral judgment guided by the basic principles underlying the Rules. These principles include the lawyer's obligation zealously to protect and pursue a client's legitimate interests, within the bounds of the law, while maintaining a professional, courteous and civil attitude toward all persons involved in the legal system. [10] The legal profession is largely self-governing. Although other professions also have been granted powers of self-government, the legal profession is unique in this respect because of the close relationship between the profession and the processes of government and law enforcement. This connection is manifested in the fact that ultimate authority over the legal profession is vested largely in the courts. [11] To the extent that lawyers meet the obligations of their professional calling, the occasion for government regulation is obviated. Self-regulation also helps maintain the legal profession's independence from government domination. An independent legal profession is an important force in preserving government under law, for abuse of legal authority is more readily challenged by a profession whose members are not dependent on government for the right to practice. [12] The legal profession's relative autonomy carries with it special responsibilities of self-

government. The profession has a responsibility to assure that its regulations are conceived in the public interest and not in furtherance of parochial or self-interested concerns of the bar. Every lawyer is responsible for observance of the Maryland Lawyers' Rules of Professional Conduct. A lawyer should also aid in securing their observance by other lawyers. Neglect of these responsibilities compromises the independence of the profession and the public interest which it serves. [13] Lawyers play a vital role in the preservation of society. The fulfillment of this role requires an understanding by lawyers of their relationship to our legal system. The Maryland Lawyers' Rules of Professional Conduct, when properly applied, serve to define that relationship. MARYLAND RULES APPENDIX: THE MARYLAND LAWYERS' RULES OF PROFESSIONAL CONDUCT Md. Lawyer's R. Prof'l Conduct Scope (2012) Scope [14] The Maryland Lawyers' Rules of Professional Conduct are rules of reason. They should be interpreted with reference to the purposes of legal representation and of the law itself. Some of the Rules are imperatives, cast in the terms "shall" or "shall not." These define proper conduct for purposes of professional discipline. Others, generally cast in the term "may," are permissive and define areas under the Rules in which the lawyer has discretion to exercise professional judgment. No disciplinary action should be taken when the lawyer chooses not to act or acts within the bounds of such discretion. Other Rules define the nature of relationships between the lawyer and others. The Rules are thus partly obligatory and disciplinary and partly constitutive and descriptive in that they define a lawyer's professional role. Many of the Comments use the term "should." Comments do not add obligations to the Rules but provide guidance for practicing in compliance with the Rules. [15] The Rules presuppose a larger legal context shaping the lawyer's role. That context includes court rules and statutes relating to matters of licensure, laws defining specific obligations of lawyers and substantive and procedural law in general. The Comments are sometimes used to alert lawyers to their responsibilities under such other law. [16] Compliance with the Rules, as with all law in an open society, depends primarily upon understanding and voluntary compliance, secondarily upon reinforcement by peer and public opinion and finally, when necessary, upon enforcement through disciplinary proceedings. The Rules do not, however, exhaust the moral and ethical considerations that should inform a lawyer, for no worthwhile human activity can be completely defined by legal rules. The Rules simply provide a framework for the ethical practice of law. [17] Furthermore, for purposes of determining the lawyer's authority and responsibility, principles of substantive law external to these Rules determine whether a client-lawyer relationship exists. Most of the duties flowing from the client-lawyer relationship attach only after the client has requested the lawyer to render legal services and the lawyer has agreed to do so. But there are some duties, such as that of confidentiality under Rule 1.6, that attach when the lawyer agrees to

consider whether a client-lawyer relationship shall be established. See Rule 1.18. Whether a clientlawyer relationship exists for any specific purpose can depend on the circumstances and may be a question of fact. [18] Under various legal provisions, including constitutional, statutory and common law, the responsibilities of government lawyers may include authority concerning legal matters that ordinarily reposes in the client in private client-lawyer relationships. For example, a lawyer for a government agency may have authority on behalf of the government to decide upon settlement or whether to appeal from an adverse judgment. Such authority in various respects is generally vested in the attorney general and the state's attorney in state government, and their federal counterparts, and the same may be true of other government law officers. Also, lawyers under the supervision of these officers may be authorized to represent several government agencies in intra-governmental legal controversies in circumstances where a private lawyer could not represent multiple private clients. These Rules do not abrogate any such authority. [19] Failure to comply with an obligation or prohibition imposed by a Rule is a basis for invoking the disciplinary process. The Rules presuppose that disciplinary assessment of a lawyer's conduct will be made on the basis of the facts and circumstances as they existed at the time of the conduct in question and in recognition of the fact that a lawyer often has to act upon uncertain or incomplete evidence of the situation. Moreover, the Rules presuppose that whether or not discipline should be imposed for a violation, and the severity of a sanction, depend on all the circumstances, such as the willfulness and seriousness of the violation, extenuating factors and whether there have been previous violations. [20] Violation of a Rule does not itself give rise to a cause of action against a lawyer nor does it create any presumption that a legal duty has been breached. In addition, violation of a Rule does not necessarily warrant any other non-disciplinary remedy, such as disqualification of a lawyer in pending litigation. The Rules are designed to provide guidance to lawyers and to provide a structure for regulating conduct through disciplinary agencies. They are not designed to be a basis for civil liability. Furthermore, the purpose of the Rules can be subverted when they are invoked by opposing parties as procedural weapons. The fact that a Rule is a just basis for a lawyer's selfassessment, or for sanctioning a lawyer under the administration of a disciplinary authority, does not imply that an antagonist in a collateral proceeding or transaction has standing to seek enforcement of the Rule. Nevertheless, in some circumstances, a lawyer's violation of a Rule may be evidence of breach of the applicable standard of conduct. Nothing in this Preamble and Scope is intended to detract from the holdings of the Court of Appeals in Post v. Bregman, 349 Md. 142 (1998) and Son v. Margolius, Mallios, Davis, Rider & Tomar, 349 Md. 441 (1998). [21] The Comment accompanying each Rule explains and illustrates the meaning and purpose of the Rule. The Preamble and this note on Scope provide general orientation. The Comments are intended as guides to interpretation, but the text of each Rule is authoritative. HISTORY: (Amended May 8, 2007, effective July 1, 2007.) MARYLAND RULES APPENDIX: THE MARYLAND LAWYERS' RULES OF PROFESSIONAL CONDUCT

Md. Lawyer's R. Prof'l Conduct 1.0 (2012) Rule 1.0. Terminology (a) "Belief" or "believes" denotes that the person involved actually supposed the fact in question to be true. A person's belief may be inferred from circumstances. (b) "Confirmed in writing," when used in reference to the informed consent of a person, denotes informed consent that is given in writing by the person or a writing that a lawyer promptly transmits to the person confirming an oral informed consent. See paragraph (f) for the definition of "informed consent." If it is not feasible to obtain or transmit the writing at the time the person gives informed consent, then the lawyer must obtain or transmit it within a reasonable time thereafter. (c) "Consult" or "consultation" denotes communication of information reasonably sufficient to permit the client to appreciate the significance of the matter in question. (d) "Firm" or "law firm" denotes: (1) an association of a lawyer or lawyers in a law partnership, professional corporation, sole proprietorship or other association formed for the practice of law; or (2) a legal services organization or the legal department of a corporation, government or other organization. (e) "Fraud" or "fraudulent" denotes conduct that is fraudulent under the substantive or procedural law of the applicable jurisdiction and has a purpose to deceive. (f) "Informed consent" denotes the agreement by a person to a proposed course of conduct after the lawyer has communicated adequate information and explanation about the material risks of and reasonably available alternatives to the proposed course of conduct. (g) "Knowingly," "known," or "knows" denotes actual knowledge of the fact in question. A person's knowledge may be inferred from circumstances. (h) "Law firm." See Rule 1.0(d). (i) "Partner" denotes a member of a partnership, a shareholder in a law firm organized as a professional corporation, or a member of an association authorized to practice law. (j) "Reasonable" or "reasonably" when used in relation to conduct by a lawyer denotes the conduct of a reasonably prudent and competent lawyer. (k) "Reasonable belief" or "reasonably believes" when used in reference to a lawyer denotes that the lawyer believes the matter in question and that the circumstances are such that the belief is reasonable.

(l) "Reasonably should know" when used in reference to a lawyer denotes that a lawyer of reasonable prudence and competence would ascertain the matter in question. (m) "Screened" denotes the isolation of a lawyer from any participation in a matter through the timely imposition of procedures within a firm that are reasonably adequate under the circumstances to protect information that the isolated lawyer is obligated to protect under these Rules or other law. (n) "Substantial" when used in reference to degree or extent denotes a material matter of clear and weighty importance. (o) "Tribunal" denotes a court, an arbitrator in a binding arbitration proceeding or a legislative body, administrative agency or other body acting in an adjudicative capacity. A legislative body, administrative agency or other body acts in an adjudicative capacity when a neutral official, after the presentation of evidence or legal argument by a party or parties, will render a binding legal decision directly affecting a party's interests in a particular matter. (p) "Writing" or "written" denotes a tangible or electronic record of a communication or representation, including handwriting, typewriting, printing, photostating, photography, audio or video-recording and e-mail. A "signed" writing includes an electronic sound, symbol or process attached to or logically associated with a writing and executed or adopted by a person with the intent to sign the writing. MARYLAND RULES APPENDIX: THE MARYLAND LAWYERS' RULES OF PROFESSIONAL CONDUCT CLIENT-LAWYER RELATIONSHIP Md. Lawyer's R. Prof'l Conduct 1.1 (2012) Rule 1.1. Competence A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation. MARYLAND RULES APPENDIX: THE MARYLAND LAWYERS' RULES OF PROFESSIONAL CONDUCT CLIENT-LAWYER RELATIONSHIP Md. Lawyer's R. Prof'l Conduct 1.2 (2012) Rule 1.2. Scope of Representation and Allocation of Authority Between Client and Lawyer. (a) Subject to paragraphs (c) and (d), a lawyer shall abide by a client's decisions concerning the objectives of the representation and, when appropriate, shall consult with the client as to the means

by which they are to be pursued. A lawyer may take such action on behalf of the client as is impliedly authorized to carry out the representation. A lawyer shall abide by a client's decision whether to settle a matter. In a criminal case, the lawyer shall abide by the client's decision, after consultation with the lawyer, as to a plea to be entered, whether to waive jury trial and whether the client will testify. (b) A lawyer's representation of a client, including representation by appointment, does not constitute an endorsement of the client's political, economic, social or moral views or activities. (c) A lawyer may limit the scope of the representation if the limitation is reasonable under the circumstances and the client gives informed consent. (d) A lawyer shall not counsel a client to engage, or assist a client, in conduct that the lawyer knows is criminal or fraudulent, but a lawyer may discuss the legal consequences of any proposed course of conduct with a client and may counsel or assist a client to make a good faith effort to determine the validity, scope, meaning or application of the law. MARYLAND RULES APPENDIX: THE MARYLAND LAWYERS' RULES OF PROFESSIONAL CONDUCT CLIENT-LAWYER RELATIONSHIP Md. Lawyer's R. Prof'l Conduct 1.3 (2012) Rule 1.3. Diligence A lawyer shall act with reasonable diligence and promptness in representing a client. MARYLAND RULES APPENDIX: THE MARYLAND LAWYERS' RULES OF PROFESSIONAL CONDUCT CLIENT-LAWYER RELATIONSHIP Md. Lawyer's R. Prof'l Conduct 1.4 (2012) Rule 1.4. Communication (a) A lawyer shall: (1) promptly inform the client of any decision or circumstance with respect to which the client's informed consent, as defined in Rule 1.0(f), is required by these Rules; (2) keep the client reasonably informed about the status of the matter; (3) promptly comply with reasonable requests for information; and (4) consult with the client about any relevant limitation on the lawyer's conduct when the lawyer knows that the client expects assistance not permitted by the Maryland Lawyers' Rules of

Professional Conduct or other law. (b) A lawyer shall explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation. MARYLAND RULES APPENDIX: THE MARYLAND LAWYERS' RULES OF PROFESSIONAL CONDUCT CLIENT-LAWYER RELATIONSHIP Md. Lawyer's R. Prof'l Conduct 1.5 (2012) Rule 1.5. Fees (a) A lawyer shall not make an agreement for, charge, or collect an unreasonable fee or an unreasonable amount for expenses. The factors to be considered in determining the reasonableness of a fee include the following: (1) the time and labor required, the novelty and difficulty of the questions involved, and the skill requisite to perform the legal service properly; (2) the likelihood, if apparent to the client, that the acceptance of the particular employment will preclude other employment of the lawyer; (3) the fee customarily charged in the locality for similar legal services; (4) the amount involved and the results obtained; (5) the time limitations imposed by the client or by the circumstances; (6) the nature and length of the professional relationship with the client; (7) the experience, reputation, and ability of the lawyer or lawyers performing the services; and (8) whether the fee is fixed or contingent. (b) The scope of the representation and the basis or rate of the fee and expenses for which the client will be responsible shall be communicated to the client, preferably in writing, before or within a reasonable time after commencing the representation, except when the lawyer will charge a regularly represented client on the same basis or rate. Any changes in the basis or rate of the fee or expenses shall also be communicated to the client. (c) A fee may be contingent on the outcome of the matter for which the service is rendered, except in a matter in which a contingent fee is prohibited by paragraph (d) or other law. A contingent fee agreement shall be in a writing signed by the client and shall state the method by which the fee is to be determined, including the percentage or percentages that shall accrue to the lawyer in the event of settlement, trial or appeal; litigation and other expenses to be deducted from the recovery; and whether such expenses are to be deducted before or after the contingent fee is calculated. The

agreement must clearly notify the client of any expenses for which the client will be responsible whether or not the client is the prevailing party. Upon conclusion of a contingent fee matter, the lawyer shall provide the client with a written statement stating the outcome of the matter, and, if there is a recovery, showing the remittance to the client and the method of its determination. (d) A lawyer shall not enter into an arrangement for, charge, or collect: (1) any fee in a domestic relations matter, the payment or amount of which is contingent upon the securing of a divorce or custody of a child or upon the amount of alimony or support or property settlement, or upon the amount of an award pursuant to Md. Code, Family Law Article, 8-201 through 213; or (2) a contingent fee for representing a defendant in a criminal case. (e) A division of a fee between lawyers who are not in the same firm may be made only if: (1) the division is in proportion to the services performed by each lawyer or each lawyer assumes joint responsibility for the representation; (2) the client agrees to the joint representation and the agreement is confirmed in writing; and (3) the total fee is reasonable. MARYLAND RULES APPENDIX: THE MARYLAND LAWYERS' RULES OF PROFESSIONAL CONDUCT CLIENT-LAWYER RELATIONSHIP Md. Lawyer's R. Prof'l Conduct 1.6 (2012) Rule 1.6. Confidentiality of Information. (a) A lawyer shall not reveal information relating to representation of a client unless the client gives informed consent, the disclosure is impliedly authorized in order to carry out the representation, or the disclosure is permitted by paragraph (b). (b) A lawyer may reveal information relating to the representation of a client to the extent the lawyer reasonably believes necessary: (1) to prevent reasonably certain death or substantial bodily harm; (2) to prevent the client from committing a crime or fraud that is reasonably certain to result in substantial injury to the financial interests or property of another and in furtherance of which the client has used or is using the lawyer's services; (3) to prevent, mitigate, or rectify substantial injury to the financial interests or property of another that is reasonably certain to result or has resulted from the client's commission of a crime or fraud in furtherance of which the client has used the lawyer's services;

(4) to secure legal advice about the lawyer's compliance with these Rules, a court order or other law; (5) to establish a claim or defense on behalf of the lawyer in a controversy between the lawyer and the client, to establish a defense to a criminal charge, civil claim, or disciplinary complaint against the lawyer based upon conduct in which the client was involved or to respond to allegations in any proceeding concerning the lawyer's representation of the client; or (6) to comply with these Rules, a court order or other law. MARYLAND RULES APPENDIX: THE MARYLAND LAWYERS' RULES OF PROFESSIONAL CONDUCT CLIENT-LAWYER RELATIONSHIP Md. Lawyer's R. Prof'l Conduct 1.7 (2012) Rule 1.7. Conflict of Interest: General Rule (a) Except as provided in paragraph (b), a lawyer shall not represent a client if the representation involves a conflict of interest. A conflict of interest exists if: (1) the representation of one client will be directly adverse to another client; or (2) there is a significant risk that the representation of one or more clients will be materially limited by the lawyer's responsibilities to another client, a former client or a third person or by a personal interest of the lawyer. (b) Notwithstanding the existence of a conflict of interest under paragraph (a), a lawyer may represent a client if: (1) the lawyer reasonably believes that the lawyer will be able to provide competent and diligent representation to each affected client; (2) the representation is not prohibited by law; (3) the representation does not involve the assertion of a claim by one client against another client represented by the lawyer in the same litigation or other proceeding before a tribunal; and (4) each affected client gives informed consent, confirmed in writing. MARYLAND RULES APPENDIX: THE MARYLAND LAWYERS' RULES OF PROFESSIONAL CONDUCT CLIENT-LAWYER RELATIONSHIP Md. Lawyer's R. Prof'l Conduct 1.8 (2012) Rule 1.8. Conflict of Interest: Current Clients: Specific Rules.

(a) A lawyer shall not enter into a business transaction with a client unless: (1) the transaction and terms on which the lawyer acquires the interest are fair and reasonable to the client and are fully disclosed and transmitted in writing in a manner that can be reasonably understood by the client; (2) the client is advised in writing of the desirability of seeking and is given a reasonable opportunity to seek the advice of independent legal counsel on the transaction; and (3) the client gives informed consent, in a writing signed by the client, to the essential terms of the transaction and the lawyer's role in the transaction, including whether the lawyer is representing the client in the transaction. (b) A lawyer shall not use information relating to representation of a client to the disadvantage of the client unless the client gives informed consent, except as permitted or required by these Rules. (c) A lawyer shall not solicit any substantial gift from a client, including a testamentary gift, or prepare on behalf of a client an instrument giving the lawyer or a person related to the lawyer any substantial gift unless the lawyer or other recipient of the gift is related to the client. For purposes of this paragraph, related persons include a spouse, child, grandchild, parent, grandparent or other relative or individual with whom the lawyer or the client maintains a close, familial relationship. (d) Prior to the conclusion of representation of a client, a lawyer shall not make or negotiate an agreement giving the lawyer literary or media rights to a portrayal or account based in substantial part on information relating to the representation. (e) A lawyer shall not provide financial assistance to a client in connection with pending or contemplated litigation, except that: (1) a lawyer may advance court costs and expenses of litigation, the repayment of which may be contingent on the outcome of the matter; and (2) a lawyer representing an indigent client may pay court costs and expenses of litigation on behalf of the client. (f) A lawyer shall not accept compensation for representing a client from one other than the client unless: (1) the client gives informed consent; (2) there is no interference with the lawyer's independence of professional judgment or with the client-lawyer relationship; and (3) information relating to representation of a client is protected as required by Rule 1.6.

(g) A lawyer who represents two or more clients shall not participate in making an aggregate settlement of the claims of or against the clients, or in a criminal case an aggregated agreement as to guilty or nolo contendere pleas, unless each client gives informed consent, in a writing signed by the client or confirmed on the record before a tribunal. The lawyer's disclosure shall include the existence and nature of all the claims or pleas involved and of the participation of each person in the settlement. (h) A lawyer shall not: (1) make an agreement prospectively limiting the lawyer's liability to a client for malpractice unless the client is independently represented in making the agreement; or (2) settle a claim or potential claim for such liability with an unrepresented client or former client unless that person is advised in writing of the desirability of seeking and is given a reasonable opportunity to seek the advice of independent legal counsel in connection therewith. (i) A lawyer shall not acquire a proprietary interest in the cause of action or subject matter of litigation the lawyer is conducting for a client, except that the lawyer may: (1) acquire a lien authorized by law to secure the lawyer's fee or expenses; and (2) subject to Rule 1.5, contract with a client for a reasonable contingent fee in a civil case. (j) While lawyers are associated in a firm, a prohibition in the foregoing paragraphs (a) through (i) that applies to any one of them shall apply to all of them. MARYLAND RULES APPENDIX: THE MARYLAND LAWYERS' RULES OF PROFESSIONAL CONDUCT CLIENT-LAWYER RELATIONSHIP Md. Lawyer's R. Prof'l Conduct 1.9 (2012) Rule 1.9. Duties to Former Clients. (a) A lawyer who has formerly represented a client in a matter shall not thereafter represent another person in the same or a substantially related matter in which that person's interests are materially adverse to the interests of the former client unless the former client gives informed consent, confirmed in writing. (b) A lawyer shall not knowingly represent a person in the same or a substantially related matter in which a firm with which the lawyer formerly was associated had previously represented a client (1) whose interests are materially adverse to that person; and (2) about whom the lawyer had acquired information protected by Rules 1.6 and 1.9(c) that is

material to the matter; unless the former client gives informed consent, confirmed in writing. (c) A lawyer who has formerly represented a client in a matter or whose present or former firm has formerly represented a client in a matter shall not thereafter: (1) use information relating to the representation to the disadvantage of the former client except as these Rules would permit or require with respect to a client, or when the information has become generally known; or (2) reveal information relating to the representation except as these Rules would permit or require with respect to a client. MARYLAND RULES APPENDIX: THE MARYLAND LAWYERS' RULES OF PROFESSIONAL CONDUCT CLIENT-LAWYER RELATIONSHIP Md. Lawyer's R. Prof'l Conduct 1.10 (2012) Rule 1.10. Imputation of Conflicts of Interest: General Rule. (a) While lawyers are associated in a firm, none of them shall knowingly represent a client when any one of them practicing alone would be prohibited from doing so by Rules 1.7 or 1.9, unless the prohibition is based on a personal interest of the prohibited lawyer and does not present a significant risk of materially limiting the representation of the client by the remaining lawyers in the firm. (b) When a lawyer has terminated an association with a firm, the firm is not prohibited from thereafter representing a person with interests materially adverse to those of a client represented by the formerly associated lawyer and not currently represented by the firm, unless: (1) the matter is the same or substantially related to that in which the formerly associated lawyer represented the client; and (2) any lawyer remaining in the firm has information protected by Rules 1.6 and 1.9(c) that is material to the matter. (c) When a lawyer becomes associated with a firm, no lawyer associated in the firm shall knowingly represent a person in a matter in which the newly associated lawyer is disqualified under Rule 1.9 unless the personally disqualified lawyer is timely screened from any participation in the matter and is apportioned no part of the fee therefrom. (d) A disqualification prescribed by this rule may be waived by the affected client under the conditions stated in Rule 1.7. (e) The disqualification of lawyers associated in a firm with former or current government lawyers is governed by Rule 1.11.

MARYLAND RULES APPENDIX: THE MARYLAND LAWYERS' RULES OF PROFESSIONAL CONDUCT CLIENT-LAWYER RELATIONSHIP Md. Lawyer's R. Prof'l Conduct 1.11 (2012) Rule 1.11. Special Conflicts of Interest for Former and Current Government Officers and Employees. (a) Except as law may otherwise expressly permit, a lawyer who has formerly served as a public officer or employee of the government: (1) is subject to Rule 1.9(c); and (2) shall not otherwise represent a client in connection with a matter in which the lawyer participated personally and substantially as a public officer or employee, unless the appropriate government agency gives its informed consent, confirmed in writing, to the representation. (b) When a lawyer is disqualified from representation under paragraph (a), no lawyer in a firm with which that lawyer is associated may knowingly undertake or continue representation in such a matter unless: (1) the disqualified lawyer is timely screened from any participation in the matter and is apportioned no part of the fee therefrom; and (2) written notice is promptly given to the appropriate government agency to enable it to ascertain compliance with the provisions of this Rule. (c) Except as law may otherwise expressly permit, a lawyer having information that the lawyer knows is confidential government information about a person acquired when the lawyer was a public officer or employee, may not represent a private client whose interests are adverse to that person in a matter in which the information could be used to the material disadvantage of that person. As used in this Rule, the term "confidential government information" means information that has been obtained under governmental authority and which, at the time this Rule is applied, the government is prohibited by law from disclosing to the public or has a legal privilege not to disclose and which is not otherwise available to the public. A firm with which that lawyer is associated may undertake or continue representation in the matter only if the disqualified lawyer is timely screened from any participation in the matter and is apportioned no part of the fee therefrom. (d) Except as law may otherwise expressly permit, a lawyer currently serving as a public officer or employee: (1) is subject to Rules 1.7 and 1.9; and (2) shall not:

(i) participate in a matter in which the lawyer participated personally and substantially while in private practice or non-governmental employment, unless the appropriate government agency gives its informed consent, confirmed in writing; or (ii) negotiate for private employment with any person who is involved as a party or as lawyer for a party in a matter in which the lawyer is participating personally and substantially, except that a lawyer serving as a law clerk to a judge, other adjudicative officer or arbitrator may negotiate for private employment as permitted by Rule 1.12(b) and subject to the conditions stated in Rule 1.12(b). (e) As used in this Rule, the term "matter" includes: (1) any judicial or other proceeding, application, request for a ruling or other determination, contract, claim, controversy, investigation, charge, accusation, arrest or other particular matter involving a specific party or parties, and (2) any other matter covered by the conflict of interest rules of the appropriate government agency. MARYLAND RULES APPENDIX: THE MARYLAND LAWYERS' RULES OF PROFESSIONAL CONDUCT CLIENT-LAWYER RELATIONSHIP Md. Lawyer's R. Prof'l Conduct 1.12 (2012) Rule 1.12. Former Judge, Arbitrator, Mediator or Other Third-Party Neutral. (a) Except as stated in paragraph (d), a lawyer shall not represent anyone in connection with a matter in which the lawyer participated personally and substantially as a judge or other adjudicative officer or law clerk to such a person or as an arbitrator, mediator or other third-party neutral, unless all parties to the proceeding give informed consent, confirmed in writing. (b) A lawyer shall not negotiate for employment with any person who is involved as a party or as lawyer for a party in a matter in which the lawyer is participating personally and substantially as a judge or other adjudicative officer or as an arbitrator, mediator or other third-party neutral. A lawyer serving as a law clerk to a judge or other adjudicative officer may negotiate for employment with a party or lawyer involved in a matter in which the clerk is participating personally and substantially, but only after the lawyer has notified the judge or other adjudicative officer. (c) If a lawyer is disqualified by paragraph (a), no lawyer in a firm with which that lawyer is associated may knowingly undertake or continue representation in the matter unless: (1) the disqualified lawyer is timely screened from any participation in the matter and is

apportioned no part of the fee therefrom; and (2) written notice is promptly given to the parties and any appropriate tribunal to enable them to ascertain compliance with the provisions of this Rule. (d) An arbitrator selected as a partisan of a party in a multimember arbitration panel is not prohibited from subsequently representing that party. MARYLAND RULES APPENDIX: THE MARYLAND LAWYERS' RULES OF PROFESSIONAL CONDUCT CLIENT-LAWYER RELATIONSHIP Md. Lawyer's R. Prof'l Conduct 1.13 (2012) Rule 1.13. Organization as Client. (a) A lawyer employed or retained by an organization represents the organization acting through its duly authorized constituents. (b) If a lawyer for an organization knows that an officer, employee or other person associated with the organization is engaged in action, intends to act or refuses to act in a matter related to the representation that is a violation of a legal obligation to the organization, or a violation of law that reasonably might be imputed to the organization, and is likely to result in substantial injury to the organization, the lawyer shall proceed as is reasonably necessary in the best interest of the organization. Unless the lawyer reasonably believes that it is not necessary in the best interest of the organization to do so, the lawyer shall refer the matter to higher authority in the organization, including, if warranted by the circumstances, to the highest authority that can act on behalf of the organization as determined by applicable law. (c) When the organization's highest authority insists upon action, or refuses to take action, that is clearly a violation of a legal obligation to the organization, or a violation of law which reasonably might be imputed to the organization, and is reasonably certain to result in substantial injury to the organization, the lawyer may take further remedial action that the lawyer reasonably believes to be in the best interest of the organization. Such action may include revealing information otherwise protected by Rule 1.6 only if the lawyer reasonably believes that: (1) the highest authority in the organization has acted to further the personal or financial interests of members of the authority which are in conflict with the interests of the organization; and (2) revealing the information is necessary in the best interest of the organization. (d) In dealing with an organization's directors, officers, employees, members, shareholders or other constituents, a lawyer shall explain the identity of the client when the lawyer knows or reasonably should know that the organization's interests are adverse to those of the constituents with whom the lawyer is dealing. (e) A lawyer representing an organization may also represent any of its directors, officers,

employees, members, shareholders or other constituents, subject to the provisions of Rule 1.7. If the organization's consent to the dual representation is required by Rule 1.7, the consent shall be given by an appropriate official of the organization other than the individual who is to be represented, or by the shareholders. MARYLAND RULES APPENDIX: THE MARYLAND LAWYERS' RULES OF PROFESSIONAL CONDUCT CLIENT-LAWYER RELATIONSHIP Md. Lawyer's R. Prof'l Conduct 1.14 (2012) Rule 1.14. Client with Diminished Capacity. (a) When a client's capacity to make adequately considered decisions in connection with a representation is diminished whether because of minority, mental impairment or for some other reason, the lawyer shall, as far as reasonably possible, maintain a normal client-lawyer relationship with the client. (b) When the lawyer reasonably believes that the client has diminished capacity, is at risk of substantial physical, financial, or other harm unless action is taken and cannot adequately act in the client's own interest, the lawyer may take reasonably necessary protective action, including consulting with individuals or entities that have the ability to take action to protect the client and, in appropriate cases, seeking the appointment of a guardian ad litem, conservator, or guardian. (c) Information relating to the representation of a client with diminished capacity is protected by Rule 1.6. When taking protective action pursuant to paragraph (b), the lawyer is impliedly authorized under Rule 1.6(a) to reveal information about the client, but only to the extent reasonably necessary to protect the client's interests. MARYLAND RULES APPENDIX: THE MARYLAND LAWYERS' RULES OF PROFESSIONAL CONDUCT CLIENT-LAWYER RELATIONSHIP Md. Lawyer's R. Prof'l Conduct 1.15 (2012) Rule 1.15. Safekeeping Property. (a) A lawyer shall hold property of clients or third persons that is in a lawyer's possession in connection with a representation separate from the lawyer's own property. Funds shall be kept in a separate account maintained pursuant to Title 16, Chapter 600 of the Maryland Rules, and records shall be created and maintained in accordance with the Rules in that Chapter. Other property shall be identified specifically as such and appropriately safeguarded, and records of its receipt and distribution shall be created and maintained. Complete records of the account funds and of other property shall be kept by the lawyer and shall be preserved for a period of at least five years after

the date the record was created. (b) A lawyer may deposit the lawyer's own funds in a client trust account only as permitted by Rule 16-607 b. (c) Unless the client gives informed consent, confirmed in writing, to a different arrangement, a lawyer shall deposit legal fees and expenses that have been paid in advance into a client trust account and may withdraw those funds for the lawyer's own benefit only as fees are earned or expenses incurred. (d) Upon receiving funds or other property in which a client or third person has an interest, a lawyer shall promptly notify the client or third person. Except as stated in this Rule or otherwise permitted by law or by agreement with the client, a lawyer shall deliver promptly to the client or third person any funds or other property that the client or third person is entitled to receive and, upon request by the client or third person, shall render promptly a full accounting regarding such property. (e) When a lawyer in the course of representing a client is in possession of property in which two or more persons (one of whom may be the lawyer) claim interests, the property shall be kept separate by the lawyer until the dispute is resolved. The lawyer shall distribute promptly all portions of the property as to which the interests are not in dispute. HISTORY: (Amended March 12, 2007, effective January 1, 2008.) MARYLAND RULES APPENDIX: THE MARYLAND LAWYERS' RULES OF PROFESSIONAL CONDUCT CLIENT-LAWYER RELATIONSHIP Md. Lawyer's R. Prof'l Conduct 1.16 (2012) Rule 1.16. Declining or Terminating Representation. (a) Except as stated in paragraph (c), a lawyer shall not represent a client or, where representation has commenced, shall withdraw from the representation of a client if: (1) the representation will result in violation of the Maryland Lawyers' Rules of Professional Conduct or other law; (2) the lawyer's physical or mental condition materially impairs the lawyer's ability to represent the client; or (3) the lawyer is discharged. (b) Except as stated in paragraph (c), a lawyer may withdraw from representing a client if: (1) withdrawal can be accomplished without material adverse effect on the interests of the client;

(2) the client persists in a course of action involving the lawyer's services that the lawyer reasonably believes is criminal or fraudulent; (3) the client has used the lawyer's services to perpetrate a crime or fraud; (4) the client insists upon action or inaction that the lawyer considers repugnant or with which the lawyer has a fundamental disagreement; (5) the client fails substantially to fulfill an obligation to the lawyer regarding the lawyer's services and has been given reasonable warning that the lawyer will withdraw unless the obligation is fulfilled; (6) the representation will result in an unreasonable financial burden on the lawyer or has been rendered unreasonably difficult by the client; or (7) other good cause for withdrawal exists. (c) A lawyer must comply with applicable law requiring notice to or permission of a tribunal when terminating representation. When ordered to do so by a tribunal, a lawyer shall continue representation notwithstanding good cause for terminating the representation. (d) Upon termination of representation, a lawyer shall take steps to the extent reasonably practicable to protect a client's interests, such as giving reasonable notice to the client, allowing time for employment of other counsel, surrendering papers and property to which the client is entitled and refunding any advance payment of fee or expense that has not been earned or incurred. The lawyer may retain papers relating to the client to the extent permitted by other law. MARYLAND RULES APPENDIX: THE MARYLAND LAWYERS' RULES OF PROFESSIONAL CONDUCT CLIENT-LAWYER RELATIONSHIP Md. Lawyer's R. Prof'l Conduct 1.17 (2012) Rule 1.17. Sale of Law Practice. (a) Subject to paragraph (b), a law practice, including goodwill, may be sold if the following conditions are satisfied: (1) Except in the case of death, disability, or appointment of the seller to judicial office, the entire practice that is the subject of the sale has been in existence at least five years prior to the date of sale; (2) The practice is sold as an entirety to another lawyer or law firm; and (3) Written notice has been mailed to the last known address of the seller's current clients

regarding: (A) the proposed sale; (B) the terms of any proposed change in the fee arrangement; (C) the client's right to retain other counsel, to take possession of the file, and to obtain any funds or other property to which the client is entitled; and (D) the fact that the client's consent to the new representation will be presumed if the client does not take any action or does not otherwise object within sixty (60) days of mailing of the notice. (b) If a notice required by paragraph (a)(3) is returned and the client cannot be located, the representation of that client may be transferred to the purchaser only by an order of a court of competent jurisdiction authorizing the transfer. The seller may disclose to the court in camera information relating to the representation only to the extent necessary to obtain an order authorizing the transfer. MARYLAND RULES APPENDIX: THE MARYLAND LAWYERS' RULES OF PROFESSIONAL CONDUCT CLIENT-LAWYER RELATIONSHIP Md. Lawyer's R. Prof'l Conduct 1.18 (2012) Rule 1.18. Duties to Prospective Client. (a) A person who discusses with a lawyer the possibility of forming a client-lawyer relationship with respect to a matter is a prospective client. (b) Even when no client-lawyer relationship ensues, a lawyer who has had discussions with a prospective client shall not use or reveal information learned in the consultation, except as Rule 1.9 would permit with respect to information of a former client. (c) A lawyer subject to paragraph (b) shall not represent a client with interests materially adverse to those of a prospective client in the same or a substantially related matter if the lawyer received information from the prospective client that could be significantly harmful to that person in the matter, except as provided in paragraph (d). If a lawyer is disqualified from representation under this paragraph, no lawyer in a firm with which that lawyer is associated may knowingly undertake or continue representation in such a matter, except as provided in paragraph (d). (d) Representation is permissible if both the affected client and the prospective client have given informed consent, confirmed in writing, or the disqualified lawyer is timely screened from any participation in the matter and is apportioned no part of the fee therefrom. MARYLAND RULES APPENDIX: THE MARYLAND LAWYERS' RULES OF PROFESSIONAL CONDUCT COUNSELOR

Md. Lawyer's R. Prof'l Conduct 2.1 (2012) Rule 2.1. Advisor In representing a client, a lawyer shall exercise independent professional judgment and render candid advice. In rendering advice, a lawyer may refer not only to law but to other considerations such as moral, economic, social and political factors, that may be relevant to the client's situation. MARYLAND RULES APPENDIX: THE MARYLAND LAWYERS' RULES OF PROFESSIONAL CONDUCT COUNSELOR Md. Lawyer's R. Prof'l Conduct 2.2 (2012) Rule 2.2. Intermediary. Deleted effective July 1, 2005. MARYLAND RULES APPENDIX: THE MARYLAND LAWYERS' RULES OF PROFESSIONAL CONDUCT COUNSELOR Md. Lawyer's R. Prof'l Conduct 2.3 (2012) Rule 2.3. Evaluation for Use by Third Parties. (a) A lawyer may provide an evaluation of a matter affecting a client for the use of someone other than the client if the lawyer reasonably believes that making the evaluation is compatible with other aspects of the lawyer's relationship with the client. (b) When the lawyer knows or reasonably should know that the evaluation is likely to affect the client's interests materially and adversely, the lawyer shall not provide the evaluation unless the client gives informed consent. (c) Except as disclosure is authorized in connection with a report of an evaluation, information relating to the evaluation is otherwise protected by Rule 1.6. MARYLAND RULES APPENDIX: THE MARYLAND LAWYERS' RULES OF PROFESSIONAL CONDUCT COUNSELOR Md. Lawyer's R. Prof'l Conduct 2.4 (2012) Rule 2.4. Lawyer Serving as Third-Party Neutral.

(a) A lawyer serves as a third-party neutral when the lawyer assists two or more persons who are not clients of the lawyer to reach a resolution of a dispute or other matter that has arisen between them. Service as a third-party neutral may include service as an arbitrator, a mediator or in such other capacity as will enable the lawyer to assist the parties to resolve the matter. (b) A lawyer serving as a third-party neutral shall inform unrepresented parties that the lawyer is not representing them. When the lawyer knows or reasonably should know that a party does not understand the lawyer's role in the matter, the lawyer shall explain the difference between the lawyer's role as a third-party neutral and a lawyer's role as one who represents a client. MARYLAND RULES APPENDIX: THE MARYLAND LAWYERS' RULES OF PROFESSIONAL CONDUCT ADVOCATE Md. Lawyer's R. Prof'l Conduct 3.1 (2012) Rule 3.1. Meritorious Claims and Contentions. A lawyer shall not bring or defend a proceeding, or assert or controvert an issue therein, unless there is a basis for doing so that is not frivolous, which includes, for example, a good faith argument for an extension, modification or reversal of existing law. A lawyer may nevertheless so defend the proceeding as to require that every element of the moving party's case be established. MARYLAND RULES APPENDIX: THE MARYLAND LAWYERS' RULES OF PROFESSIONAL CONDUCT ADVOCATE Md. Lawyer's R. Prof'l Conduct 3.2 (2012) Rule 3.2. Expediting litigation A lawyer shall make reasonable efforts to expedite litigation consistent with the interests of the client. MARYLAND RULES APPENDIX: THE MARYLAND LAWYERS' RULES OF PROFESSIONAL CONDUCT ADVOCATE Md. Lawyer's R. Prof'l Conduct 3.3 (2012) Rule 3.3. Candor Toward the Tribunal. (a) A lawyer shall not knowingly: (1) make a false statement of fact or law to a tribunal or fail to correct a false statement of material fact or law previously made to the tribunal by the lawyer; (2) fail to disclose a material fact to a tribunal when disclosure is necessary to avoid assisting a

criminal or fraudulent act by the client; (3) fail to disclose to the tribunal legal authority in the controlling jurisdiction known to the lawyer to be directly adverse to the position of the client and not disclosed by opposing counsel; or (4) offer evidence that the lawyer knows to be false. If a lawyer has offered material evidence and comes to know of its falsity, the lawyer shall take reasonable remedial measures. (b) The duties stated in paragraph (a) continue to the conclusion of the proceeding, and apply even if compliance requires disclosure of information otherwise protected by Rule 1.6. (c) A lawyer may refuse to offer evidence that the lawyer reasonably believes is false. (d) In an ex parte proceeding, a lawyer shall inform the tribunal of all material facts known to the lawyer which will enable the tribunal to make an informed decision, whether or not the facts are adverse. (e) Notwithstanding paragraphs (a) through (d), a lawyer for an accused in a criminal case need not disclose that the accused intends to testify falsely or has testified falsely if the lawyer reasonably believes that the disclosure would jeopardize any constitutional right of the accused. MARYLAND RULES APPENDIX: THE MARYLAND LAWYERS' RULES OF PROFESSIONAL CONDUCT ADVOCATE Md. Lawyer's R. Prof'l Conduct 3.4 (2012) Rule 3.4. Fairness to Opposing Party and Counsel. A lawyer shall not: (a) unlawfully obstruct another party's access to evidence or unlawfully alter, destroy or conceal a document or other material having potential evidentiary value. A lawyer shall not counsel or assist another person to do any such act; (b) falsify evidence, counsel or assist a witness to testify falsely, or offer an inducement to a witness that is prohibited by law; (c) knowingly disobey an obligation under the rules of a tribunal except for an open refusal based on an assertion that no valid obligation exists; (d) in pretrial procedure, make a frivolous discovery request or fail to make reasonably diligent effort to comply with a legally proper discovery request by an opposing party; (e) in trial, allude to any matter that the lawyer does not reasonably believe is relevant or that will not be supported by admissible evidence, assert personal knowledge of facts in issue except when testifying as a witness, or state a personal opinion as to the justness of a cause, the credibility of a

witness, the culpability of a civil litigant or the guilt or innocence of an accused; or (f) request a person other than a client to refrain from voluntarily giving relevant information to another party unless: (1) the person is a relative or an employee or other agent of a client; and (2) the lawyer reasonably believes that the person's interests will not be adversely affected by refraining from giving such information. MARYLAND RULES APPENDIX: THE MARYLAND LAWYERS' RULES OF PROFESSIONAL CONDUCT ADVOCATE Md. Lawyer's R. Prof'l Conduct 3.5 (2012) Rule 3.5. Impartiality and Decorum of the Tribunal. (a) A lawyer shall not: (1) seek to influence a judge, prospective, qualified, or sworn juror, or other official by means prohibited by law; (2) before the trial of a case with which the lawyer is connected, communicate outside the course of official proceedings with anyone known to the lawyer to be on the jury list for trial of the case; (3) during the trial of a case with which the lawyer is connected, communicate outside the course of official proceedings with any member of the jury; (4) during the trial of a case with which the lawyer is not connected, communicate outside the course of official proceedings with any member of the jury about the case; (5) after discharge of a jury from further consideration of a case with which the lawyer is connected, ask questions of or make comments to a jury member that are calculated to harass or embarrass the jury member or to influence the jury member's actions in future jury service; (6) conduct a vexatious or harassing investigation of any prospective, qualified, or sworn juror; (7) communicate ex parte about an adversary proceeding with the judge or other official before whom the proceeding is pending, except as permitted by law; (8) discuss with a judge potential employment of the judge if the lawyer or a firm with which the lawyer is associated has a matter that is pending before the judge; or (9) engage in conduct intended to disrupt a tribunal.

(b) A lawyer who has knowledge of any violation of paragraph (a) of this Rule, any improper conduct by a prospective, qualified, or sworn juror or any improper conduct by another towards a prospective, qualified, or sworn juror, shall report it promptly to the court or other appropriate authority. HISTORY: (Amended Dec. 4, 2007, effective Jan. 1, 2008.) MARYLAND RULES APPENDIX: THE MARYLAND LAWYERS' RULES OF PROFESSIONAL CONDUCT ADVOCATE Md. Lawyer's R. Prof'l Conduct 3.6 (2012) Rule 3.6. Trial Publicity. (a) A lawyer who is participating or has participated in the investigation or litigation of a matter shall not make an extrajudicial statement that the lawyer knows or reasonably should know will be disseminated by means of public communication and will have a substantial likelihood of materially prejudicing an adjudicative proceeding in the matter. (b) Notwithstanding paragraph (a), a lawyer may state: (1) the claim, offense or defense involved and, except when prohibited by law, the identity of the persons involved; (2) information contained in a public record; (3) that an investigation of a matter is in progress; (4) the scheduling or result of any step in litigation; (5) a request for assistance in obtaining evidence and information necessary thereto; (6) a warning of danger concerning the behavior of a person involved, when there is reason to believe that there exists the likelihood of substantial harm to an individual or to the public interest; and (7) in a criminal case, in addition to subparagraphs (1) through (6): (i) the identity, residence, occupation and family status of the accused; (ii) if the accused has not been apprehended, information necessary to aid in apprehension of that person; (iii) the fact, time and place of arrest; and

(iv) the identity of investigating and arresting officers or agencies and the length of the investigation. (c) Notwithstanding paragraph (a), a lawyer may make a statement that a reasonable lawyer would believe is required to protect a client from the substantial undue prejudicial effect of recent publicity not initiated by the lawyer or the lawyer's client. A statement made pursuant to this paragraph shall be limited to such information as is necessary to mitigate the recent adverse publicity. (d) No lawyer associated in a firm or government agency with a lawyer subject to paragraph (a) shall make a statement prohibited by paragraph (a). MARYLAND RULES APPENDIX: THE MARYLAND LAWYERS' RULES OF PROFESSIONAL CONDUCT ADVOCATE Md. Lawyer's R. Prof'l Conduct 3.7 (2012) Rule 3.7. Lawyer as Witness. (a) A lawyer shall not act as advocate at a trial in which the lawyer is likely to be a necessary witness unless: (1) the testimony relates to an uncontested issue; (2) the testimony relates to the nature and value of legal services rendered in the case; or (3) disqualification of the lawyer would work substantial hardship on the client. (b) A lawyer may act as advocate in a trial in which another lawyer in the lawyer's firm is likely to be called as a witness unless precluded from doing so by Rule 1.7 or Rule 1.9.

MARYLAND RULES APPENDIX: THE MARYLAND LAWYERS' RULES OF PROFESSIONAL CONDUCT ADVOCATE Md. Lawyer's R. Prof'l Conduct 3.8 (2012) Rule 3.8. Special Responsibilities of a Prosecutor. The prosecutor in a criminal case shall: (a) refrain from prosecuting a charge that the prosecutor knows is not supported by probable

cause; (b) make reasonable efforts to assure that the accused has been advised of the right to, and the procedure for obtaining, counsel and has been given reasonable opportunity to obtain counsel; (c) not seek to obtain from an unrepresented accused a waiver of important pretrial rights, such as the right to a preliminary hearing; (d) make timely disclosure to the defense of all evidence or information known to the prosecutor that tends to negate the guilt of the accused or mitigates the offense, and, in connection with sentencing, disclose to the defense and to the tribunal all unprivileged mitigating information known to the prosecutor, except when the prosecutor is relieved of this responsibility by a protective order of the tribunal; and (e) except for statements that are necessary to inform the public of the nature and extent of the prosecutor's action and that serve a legitimate law enforcement purpose, refrain from making extrajudicial comments that have a substantial likelihood of heightening public condemnation of the accused and exercise reasonable care to prevent an employee or other person under the control of the prosecutor in a criminal case from making an extrajudicial statement that the prosecutor would be prohibited from making under Rule 3.6 or this Rule. HISTORY: (Amended September 8, 2011, effective January 1, 2012.) MARYLAND RULES APPENDIX: THE MARYLAND LAWYERS' RULES OF PROFESSIONAL CONDUCT ADVOCATE Md. Lawyer's R. Prof'l Conduct 3.9 (2012) Rule 3.9. Advocate in Nonadjudicative Proceedings. A lawyer representing a client before a legislative body or administrative agency in a nonadjudicative proceeding shall disclose that the appearance is in a representative capacity and shall conform to the provisions of Rules 3.3(a) through (c), 3.4(a) through (c), and 3.5. MARYLAND RULES APPENDIX: THE MARYLAND LAWYERS' RULES OF PROFESSIONAL CONDUCT TRANSACTIONS WITH PERSONS OTHER THAN CLIENTS Md. Lawyer's R. Prof'l Conduct 4.1 (2012) Rule 4.1. Truthfulness in Statements to Others. (a) In the course of representing a client a lawyer shall not knowingly: (1) make a false statement of material fact or law to a third person; or

(2) fail to disclose a material fact when disclosure is necessary to avoid assisting a criminal or fraudulent act by a client. (b) The duties stated in this Rule apply even if compliance requires disclosure of information otherwise protected by Rule 1.6. MARYLAND RULES APPENDIX: THE MARYLAND LAWYERS' RULES OF PROFESSIONAL CONDUCT TRANSACTIONS WITH PERSONS OTHER THAN CLIENTS Md. Lawyer's R. Prof'l Conduct 4.2 (2012) Rule 4.2. Communication with Person Represented by Counsel. (a) Except as provided in paragraph (c), in representing a client, a lawyer shall not communicate about the subject of the representation with a person who the lawyer knows is represented in the matter by another lawyer unless the lawyer has the consent of the other lawyer or is authorized by law or court order to do so. (b) If the person represented by another lawyer is an organization, the prohibition extends to each of the organization's (1) current officers, directors, and managing agents and (2) current agents or employees who supervise, direct, or regularly communicate with the organization's lawyers concerning the matter or whose acts or omissions in the matter may bind the organization for civil or criminal liability. The lawyer may not communicate with a current agent or employee of the organization unless the lawyer first has made inquiry to ensure that the agent or employee is not an individual with whom communication is prohibited by this paragraph and has disclosed to the individual the lawyer's identity and the fact that the lawyer represents a client who has an interest adverse to the organization. (c) A lawyer may communicate with a government official about matters that are the subject of the representation if the government official has the authority to redress the grievances of the lawyer's client and the lawyer first makes the disclosures specified in paragraph (b). MARYLAND RULES APPENDIX: THE MARYLAND LAWYERS' RULES OF PROFESSIONAL CONDUCT TRANSACTIONS WITH PERSONS OTHER THAN CLIENTS Md. Lawyer's R. Prof'l Conduct 4.3 (2012) Rule 4.3. Dealing with Unrepresented Person. In dealing on behalf of a client with a person who is not represented by counsel, a lawyer shall not state or imply that the lawyer is disinterested. When the lawyer knows or reasonably should know that the unrepresented person misunderstands the lawyer's role in the matter, the lawyer shall make reasonable efforts to correct the misunderstanding.

MARYLAND RULES APPENDIX: THE MARYLAND LAWYERS' RULES OF PROFESSIONAL CONDUCT TRANSACTIONS WITH PERSONS OTHER THAN CLIENTS Md. Lawyer's R. Prof'l Conduct 4.4 (2012) Rule 4.4. Respect for Rights of Third Persons. (a) In representing a client, a lawyer shall not use means that have no substantial purpose other than to embarrass, delay, or burden a third person, or use methods of obtaining evidence that the lawyer knows violate the legal rights of such a person. (b) In communicating with third persons, a lawyer representing a client in a matter shall not seek information relating to the matter that the lawyer knows or reasonably should know is protected from disclosure by statute or by an established evidentiary privilege, unless the protection has been waived. The lawyer who receives information that is protected from disclosure shall (1) terminate the communication immediately and (2) give notice of the disclosure to any tribunal in which the matter is pending and to the person entitled to enforce the protection against disclosure. MARYLAND RULES APPENDIX: THE MARYLAND LAWYERS' RULES OF PROFESSIONAL CONDUCT LAW FIRMS AND ASSOCIATIONS Md. Lawyer's R. Prof'l Conduct 5.1 (2012) Rule 5.1. Responsibilities of Partners, Managers, and Supervisory Lawyers. (a) A partner in a law firm, and a lawyer who individually or together with other lawyers possesses comparable managerial authority in a law firm, shall make reasonable efforts to ensure that the firm has in effect measures giving reasonable assurance that all lawyers in the firm conform to the Maryland Lawyers' Rules of Professional Conduct. (b) A lawyer having direct supervisory authority over another lawyer shall make reasonable efforts to ensure that the other lawyer conforms to the Maryland Lawyers' Rules of Professional Conduct. (c) A lawyer shall be responsible for another lawyer's violation of the Maryland Lawyers' Rules of Professional Conduct if: (1) the lawyer orders or, with knowledge of the specific conduct, ratifies the conduct involved; or (2) the lawyer is a partner or has comparable managerial authority in the law firm in which the other lawyer practices, or has direct supervisory authority over the other lawyer, and knows of the conduct at a time when its consequences can be avoided or mitigated but fails to take reasonable remedial action.

MARYLAND RULES APPENDIX: THE MARYLAND LAWYERS' RULES OF PROFESSIONAL CONDUCT LAW FIRMS AND ASSOCIATIONS Md. Lawyer's R. Prof'l Conduct 5.2 (2012) Rule 5.2. Responsibilities of a Subordinate Lawyer. (a) A lawyer is bound by the Maryland Lawyers' Rules of Professional Conduct notwithstanding that the lawyer acted at the direction of another person. (b) A subordinate lawyer does not violate the Maryland Lawyers' Rules of Professional Conduct if that lawyer acts in accordance with a supervisory lawyer's reasonable resolution of an arguable question of professional duty. MARYLAND RULES APPENDIX: THE MARYLAND LAWYERS' RULES OF PROFESSIONAL CONDUCT LAW FIRMS AND ASSOCIATIONS Md. Lawyer's R. Prof'l Conduct 5.3 (2012) Rule 5.3. Responsibilities Regarding Nonlawyer Assistants. With respect to a nonlawyer employed or retained by or associated with a lawyer: (a) a partner, and a lawyer who individually or together with other lawyers possesses comparable managerial authority in a law firm shall make reasonable efforts to ensure that the firm has in effect measures giving reasonable assurance that the person's conduct is compatible with the professional obligations of the lawyer; (b) a lawyer having direct supervisory authority over the nonlawyer shall make reasonable efforts to ensure that the person's conduct is compatible with the professional obligations of the lawyer; (c) a lawyer shall be responsible for conduct of such a person that would be a violation of the Maryland Lawyers' Rules of Professional Conduct if engaged in by a lawyer if: (1) the lawyer orders or, with the knowledge of the specific conduct, ratifies the conduct involved; or (2) the lawyer is a partner or has comparable managerial authority in the law firm in which the person is employed, or has direct supervisory authority over the person, and knows of the conduct at a time when its consequences can be avoided or mitigated but fails to take reasonable remedial action; and (d) a lawyer who employs or retains the services of a nonlawyer who (i) was formerly admitted to the practice of law in any jurisdiction and (ii) has been and remains disbarred, suspended, or placed on inactive status because of incapacity shall comply with the following requirements:

(1) all law-related activities of the formerly admitted lawyer shall be (A) performed from an office that is staffed on a full-time basis by a supervising lawyer and (B) conducted under the direct supervision of the supervising lawyer, who shall be responsible for ensuring that the formerly admitted lawyer complies with the requirements of this Rule. (2) the lawyer shall take reasonable steps to ensure that the formerly admitted lawyer does not: (A) represent himself or herself to be a lawyer; (B) render legal consultation or advice to a client or prospective client; (C) appear on behalf of or represent a client in any judicial, administrative, legislative, or alternative dispute resolution proceeding; (D) appear on behalf of or represent a client at a deposition or in any other discovery matter; (E) negotiate or transact any matter on behalf of a client with third parties; (F) receive funds from or on behalf of a client or disburse funds to or on behalf of a client; or (G) perform any law-related activity for (i) a law firm or lawyer with whom the formerly admitted lawyer was associated when the acts that resulted in the disbarment or suspension occurred or (ii) any client who was previously represented by the formerly admitted lawyer. (3) the lawyer, the supervising lawyer, and the formerly admitted lawyer shall file jointly with Bar Counsel (A) a notice of employment identifying the supervising lawyer and the formerly admitted lawyer and listing each jurisdiction in which the formerly admitted lawyer has been disbarred, suspended, or placed on inactive status because of incapacity; and (B) a copy of an executed written agreement between the lawyer, the supervising lawyer, and the formerly admitted lawyer that sets forth the duties of the formerly admitted lawyer and includes an undertaking to comply with requests by Bar Counsel for proof of compliance with the terms of the agreement and this Rule. As to a formerly admitted lawyer employed as of July 1, 2006, the notice and agreement shall be filed no later than September 1, 2006. As to a formerly admitted lawyer hired after July 1, 2006, the notice and agreement shall be filed within 30 days after commencement of the employment. Immediately upon the termination of the employment of the formerly admitted lawyer, the lawyer and the supervising lawyer shall file with Bar Counsel a notice of the termination. MARYLAND RULES APPENDIX: THE MARYLAND LAWYERS' RULES OF PROFESSIONAL CONDUCT LAW FIRMS AND ASSOCIATIONS Md. Lawyer's R. Prof'l Conduct 5.4 (2012) Rule 5.4. Professional Independence of a Lawyer.

(a) A lawyer or law firm shall not share legal fees with a nonlawyer, except that: (1) an agreement by a lawyer with the lawyer's firm, partner, or associate may provide for the payment of money, over a reasonable period of time after the lawyer's death, to the lawyer's estate or to one or more specified persons; (2) a lawyer who purchases the practice of a lawyer who is deceased or disabled or who has disappeared may, pursuant to the provisions of Rule 1.17, pay the purchase price to the estate or representative of the lawyer. (3) a lawyer who undertakes to complete unfinished legal business of a deceased, retired, disabled, or suspended lawyer may pay to that lawyer or that lawyer's estate the proportion of the total compensation which fairly represents the services rendered by the former lawyer; (4) a lawyer or law firm may include nonlawyer employees in a compensation or retirement plan, even though the plan is based in whole or in part on a profit-sharing arrangement; and (5) a lawyer may share court-awarded legal fees with a nonprofit organization that employed, retained or recommended employment of the lawyer in the matter. (b) A lawyer shall not form a partnership with a nonlawyer if any of the activities of the partnership consist of the practice of law. (c) A lawyer shall not permit a person who recommends, employs, or pays the lawyer to render legal services for another to direct or regulate the lawyer's professional judgment in rendering such legal services. (d) A lawyer shall not practice with or in the form of a professional corporation or association authorized to practice law for a profit, if: (1) a nonlawyer owns any interest therein, except that a fiduciary representative of the estate of a lawyer may hold the stock or interest of the lawyer for a reasonable time during administration; (2) a nonlawyer is a corporate director or officer thereof or occupies the position of similar responsibility in any form of association other than a corporation; or (3) a nonlawyer has the right to direct or control the professional judgment of a lawyer. MARYLAND RULES APPENDIX: THE MARYLAND LAWYERS' RULES OF PROFESSIONAL CONDUCT LAW FIRMS AND ASSOCIATIONS Md. Lawyer's R. Prof'l Conduct 5.5 (2012) Rule 5.5. Unauthorized Practice of Law; Multijurisdictional Practice of Law. (a) A lawyer shall not practice law in a jurisdiction in violation of the regulation of the legal

profession in that jurisdiction, or assist another in doing so. (b) A lawyer who is not admitted to practice in this jurisdiction shall not: (1) except as authorized by these Rules or other law, establish an office or other systematic and continuous presence in this jurisdiction for the practice of law; or (2) hold out to the public or otherwise represent that the lawyer is admitted to practice law in this jurisdiction. (c) A lawyer admitted in another United States jurisdiction, and not disbarred or suspended from practice in any jurisdiction, may provide legal services on a temporary basis in this jurisdiction that: (1) are undertaken in association with a lawyer who is admitted to practice in this jurisdiction and who actively participates in the matter; (2) are in or reasonably related to a pending or potential proceeding before a tribunal in this or another jurisdiction, if the lawyer, or a person the lawyer is assisting, is authorized by law or order to appear in such proceeding or reasonably expects to be so authorized; (3) are in or reasonably related to a pending or potential arbitration, mediation, or other alternative dispute resolution proceeding in this or another jurisdiction, if the services arise out of or are reasonably related to the lawyer's practice in a jurisdiction in which the lawyer is admitted to practice and are not services for which the forum requires pro hac vice admission; or (4) are not within paragraphs (c)(2) or (c)(3) and arise out of or are reasonably related to the lawyer's practice in a jurisdiction in which the lawyer is admitted to practice. (d) A lawyer admitted in another United States jurisdiction, and not disbarred or suspended from practice in any jurisdiction, may provide legal services in this jurisdiction that: (1) are provided to the lawyer's employer or its organizational affiliates and are not services for which the forum requires pro hac vice admission; or (2) are services that the lawyer is authorized to provide by federal law or other law of this jurisdiction. HISTORY: (Amended September 8, 2011, effective January 1, 2012.) MARYLAND RULES APPENDIX: THE MARYLAND LAWYERS' RULES OF PROFESSIONAL CONDUCT LAW FIRMS AND ASSOCIATIONS Md. Lawyer's R. Prof'l Conduct 5.6 (2012) Rule 5.6. Restrictions on Right to Practice.

A lawyer shall not participate in offering or making: (a) a partnership, shareholders, operating, employment, or other similar type of agreement that restricts the right of a lawyer to practice after termination of the relationship, except an agreement concerning benefits upon retirement; or (b) an agreement in which a restriction on the lawyer's right to practice is part of the settlement of a client controversy. MARYLAND RULES APPENDIX: THE MARYLAND LAWYERS' RULES OF PROFESSIONAL CONDUCT LAW FIRMS AND ASSOCIATIONS Md. Lawyer's R. Prof'l Conduct 5.6 (2012) Rule 5.6. Restrictions on Right to Practice. A lawyer shall not participate in offering or making: (a) a partnership, shareholders, operating, employment, or other similar type of agreement that restricts the right of a lawyer to practice after termination of the relationship, except an agreement concerning benefits upon retirement; or (b) an agreement in which a restriction on the lawyer's right to practice is part of the settlement of a client controversy. MARYLAND RULES APPENDIX: THE MARYLAND LAWYERS' RULES OF PROFESSIONAL CONDUCT LAW FIRMS AND ASSOCIATIONS Md. Lawyer's R. Prof'l Conduct 5.7 (2012) Rule 5.7. Responsibilities Regarding Law-Related Services. (a) A lawyer shall be subject to the Maryland Lawyers' Rules of Professional Conduct with respect to the provision of law-related services, as defined in paragraph (b), if the law-related services are provided: (1) by the lawyer in circumstances that are not distinct from the lawyer's provision of legal services to clients; or (2) in other circumstances by an entity controlled by the lawyer individually or with others if the lawyer fails to take reasonable measures to assure that a person obtaining the law-related services knows that the services are not legal services and that the protections of the client-lawyer relationship do not exist.

(b) The term "law-related services" denotes services that might reasonably be performed in conjunction with and in substance are related to the provision of legal services, and that are not prohibited as unauthorized practice of law when provided by a nonlawyer. MARYLAND RULES APPENDIX: THE MARYLAND LAWYERS' RULES OF PROFESSIONAL CONDUCT PUBLIC SERVICE Md. Lawyer's R. Prof'l Conduct 6.1 (2012) Rule 6.1. Pro Bono Publico Service. (a) Professional Responsibility. A lawyer has a professional responsibility to render pro bono publico legal service. (b) Discharge of Professional Responsibility. A lawyer in the full-time practice of law should aspire to render at least 50 hours per year of pro bono publico legal service, and a lawyer in parttime practice should aspire to render at least a pro rata number of hours. (1) Unless a lawyer is prohibited by law from rendering the legal services described below, a substantial portion of the applicable hours should be devoted to rendering legal service, without fee or expectation of fee, or at a substantially reduced fee, to: (A) people of limited means; (B) charitable, religious, civic, community, governmental, or educational organizations in matters designed primarily to address the needs of people of limited means; (C) individuals, groups, or organizations seeking to secure or protect civil rights, civil liberties, or public rights; or (D) charitable, religious, civic, community, governmental, or educational organizations in matters in furtherance of their organizational purposes when the payment of the standard legal fees would significantly deplete the organization's economic resources or would otherwise be inappropriate. (2) The remainder of the applicable hours may be devoted to activities for improving the law, the legal system, or the legal profession. (3) A lawyer also may discharge the professional responsibility set forth in this Rule by contributing financial support to organizations that provide legal services to persons of limited means. (c) Effect of Noncompliance. This Rule is aspirational, not mandatory. Noncompliance with this Rule shall not be grounds for disciplinary action or other sanctions.

MARYLAND RULES APPENDIX: THE MARYLAND LAWYERS' RULES OF PROFESSIONAL CONDUCT PUBLIC SERVICE Md. Lawyer's R. Prof'l Conduct 6.2 (2012) Rule 6.2. Accepting Appointments. A lawyer shall not seek to avoid appointment by a tribunal to represent a person except for good cause, such as: (a) representing the client is likely to result in violation of the Maryland Lawyers' Rules of Professional Conduct or other law; (b) representing the client is likely to result in an unreasonable financial burden on the lawyer; or (c) the client or the cause is so repugnant to the lawyer as to be likely to impair the client-lawyer relationship or the lawyer's ability to represent the client. MARYLAND RULES APPENDIX: THE MARYLAND LAWYERS' RULES OF PROFESSIONAL CONDUCT PUBLIC SERVICE Md. Lawyer's R. Prof'l Conduct 6.3 (2012) Rule 6.3. Membership in Legal Services Organization. A lawyer may serve as a director, officer or member of a legal services organization, apart from the law firm in which the lawyer practices, notwithstanding that the organization serves persons having interests adverse to a client of the lawyer. The lawyer shall not knowingly participate in a decision or action of the organization: (a) if participating in the decision would be incompatible with the lawyer's obligations to a client under Rule 1.7; or (b) where the decision could have a material adverse effect on the representation of a client of the organization whose interests are adverse to a client of the lawyer. MARYLAND RULES APPENDIX: THE MARYLAND LAWYERS' RULES OF PROFESSIONAL CONDUCT PUBLIC SERVICE Md. Lawyer's R. Prof'l Conduct 6.4 (2012) Rule 6.4. Law Reform Activities Affecting Client Interests. A lawyer may serve as a director, officer or member of an organization involved in reform of the law or its administration notwithstanding that the reform may affect the interests of a client of the

lawyer. When the lawyer knows that the interests of a client may be materially benefited by a decision in which the lawyer participates, the lawyer shall disclose that fact but need not identify the client. MARYLAND RULES APPENDIX: THE MARYLAND LAWYERS' RULES OF PROFESSIONAL CONDUCT PUBLIC SERVICE Md. Lawyer's R. Prof'l Conduct 6.5 (2012) Rule 6.5. Nonprofit and Court-Annexed Limited Legal Services Programs. (a) A lawyer who, under the auspices of a program sponsored by a nonprofit organization or court, provides short-term limited legal services to a client without expectation by either the lawyer or the client that the lawyer will provide continuing representation in the matter: (1) is subject to Rules 1.7 and 1.9(a) only if the lawyer knows that the representation of the client involves a conflict of interest; and (2) is subject to Rule 1.10 only if the lawyer knows that another lawyer associated with the lawyer in a law firm is disqualified by Rule 1.7 or 1.9(a) with respect to the matter. (b) Except as provided in paragraph (a)(2), Rule 1.10 is inapplicable to a representation governed by this Rule. HISTORY: (Amended September 8, 2011, effective January 1, 2012.) MARYLAND RULES APPENDIX: THE MARYLAND LAWYERS' RULES OF PROFESSIONAL CONDUCT INFORMATION ABOUT LEGAL SERVICES Md. Lawyer's R. Prof'l Conduct 7.1 (2012) Rule 7.1. Communications Concerning a Lawyer's Services. A lawyer shall not make a false or misleading communication about the lawyer or the lawyer's services. A communication is false or misleading if it: (a) contains a material misrepresentation of fact or law, or omits a fact necessary to make the statement considered as a whole not materially misleading; (b) is likely to create an unjustified expectation about results the lawyer can achieve, or states or implies that the lawyer can achieve results by means that violate the Maryland Lawyers' Rules of Professional Conduct or other law; or

(c) compares the lawyer's services with other lawyers' services, unless the comparison can be factually substantiated. MARYLAND RULES APPENDIX: THE MARYLAND LAWYERS' RULES OF PROFESSIONAL CONDUCT INFORMATION ABOUT LEGAL SERVICES Md. Lawyer's R. Prof'l Conduct 7.2 (2012) Rule 7.2. Advertising. (a) Subject to the requirements of Rules 7.1 and 7.3(b), a lawyer may advertise services through public media, such as a telephone directory, legal directory, newspaper or other periodical, outdoor, radio or television advertising, or through communications not involving in person contact. (b) A copy or recording of an advertisement or such other communication shall be kept for at least three years after its last dissemination along with a record of when and where it was used. (c) A lawyer shall not give anything of value to a person for recommending the lawyer's services, except that a lawyer may (1) pay the reasonable cost of advertising or written communication permitted by this Rule; (2) pay the usual charges of a legal service plan or a not-for-profit lawyer referral service; (3) pay for a law practice purchased in accordance with Rule 1.17; and (4) refer clients to a non-lawyer professional pursuant to an agreement not otherwise prohibited under these Rules that provides for the other person to refer clients or customers to the lawyer, if (i) the reciprocal agreement is not exclusive, and (ii) the client is informed of the existence and nature of the agreement. (d) Any communication made pursuant to this Rule shall include the name of at least one lawyer responsible for its content. (e) An advertisement or communication indicating that no fee will be charged in the absence of a recovery shall also disclose whether the client will be liable for any expenses. Cross references. -- Maryland Lawyers' Rules of Professional Conduct, Rule 1.8(e). (f) A lawyer, including a participant in an advertising group or lawyer referral service or other program involving communications concerning the lawyer's services, shall be personally responsible for compliance with the provisions of Rules 7.1, 7.2, 7.3, 7.4, and 7.5 and shall be prepared to substantiate such compliance.

MARYLAND RULES APPENDIX: THE MARYLAND LAWYERS' RULES OF PROFESSIONAL CONDUCT INFORMATION ABOUT LEGAL SERVICES Md. Lawyer's R. Prof'l Conduct 7.3 (2012) Rule 7.3. Direct Contact with Prospective Clients. (a) A lawyer shall not by in-person, live telephone or real-time electronic contact solicit professional employment from a prospective client when a significant motive for the lawyer's doing so is the lawyer's pecuniary gain, unless the person contacted: (1) is a lawyer; or (2) has a family, close personal, or prior professional relationship with the lawyer. (b) A lawyer shall not solicit professional employment from a prospective client by written, recorded or electronic communication or by in-person, telephone, or real-time electronic contract even when not otherwise prohibited by paragraph (a), if: (1) the lawyer knows or reasonably should know that the physical, emotional or mental state of the prospective client is such that the prospective client could not exercise reasonable judgment in employing a lawyer; (2) the prospective client has made known to the lawyer a desire not to be solicited by the lawyer; or (3) the solicitation involves coercion, duress, or harassment. (c) Every written, recorded, or electronic communication from a lawyer soliciting professional employment from a prospective client known to be in need of legal services in a particular matter shall include the words "Advertising Material" on the outside envelope, if any, and at the beginning and ending of any recorded or electronic communication, unless the recipient of the communication is a person specified in paragraphs (a)(1) or (a)(2). (d) Notwithstanding the prohibitions in paragraph (a), a lawyer may participate with a prepaid or group legal service plan operated by an organization not owned or directed by the lawyer that uses in-person or telephone contact to solicit memberships or subscriptions for the plan from persons who are not known to need legal services in a particular matter covered by the plan. MARYLAND RULES APPENDIX: THE MARYLAND LAWYERS' RULES OF PROFESSIONAL CONDUCT INFORMATION ABOUT LEGAL SERVICES Md. Lawyer's R. Prof'l Conduct 7.4 (2012)

Rule 7.4. Communication of Fields of Practice. (a) A lawyer may communicate the fact that the lawyer does or does not practice in particular fields of law, subject to the requirements of Rule 7.1. A lawyer shall not hold himself or herself out publicly as a specialist. (b) A lawyer admitted to engage in patent practice before the United States Patent and Trademark Office may use the designation "Patent Attorney" or a substantially similar designation. MARYLAND RULES APPENDIX: THE MARYLAND LAWYERS' RULES OF PROFESSIONAL CONDUCT INFORMATION ABOUT LEGAL SERVICES Md. Lawyer's R. Prof'l Conduct 7.5 (2012) Rule 7.5. Firm Names and Letterheads. (a) A lawyer shall not use a firm name, letterhead or other professional designation that violates Rule 7.1. A trade name may be used by a lawyer in private practice if it does not imply a connection with a government agency or with a public or charitable legal services organization and is not otherwise in violation of Rule 7.1. (b) A law firm with offices in more than one jurisdiction may use the same name in each jurisdiction, but identification of the lawyers in an office of the firm shall indicate the jurisdictional limitations on those not licensed to practice in the jurisdiction where the office is located. (c) The name of a lawyer holding a public office shall not be used in the name of a law firm, or in communications on its behalf, during any substantial period in which the lawyer is not actively and regularly practicing with the firm. (d) Lawyers may state or imply that they practice in a partnership or other organization only when that is the fact. MARYLAND RULES APPENDIX: THE MARYLAND LAWYERS' RULES OF PROFESSIONAL CONDUCT MAINTAINING THE INTEGRITY OF THE PROFESSION Md. Lawyer's R. Prof'l Conduct 8.1 (2012) Rule 8.1. Bar Admission and Disciplinary Matters. An applicant for admission or reinstatement to the bar, or a lawyer in connection with a bar admission application or in connection with a disciplinary matter, shall not: (a) knowingly make a false statement of material fact; or (b) fail to disclose a fact necessary to correct a misapprehension known by the person to have

arisen in the matter, or knowingly fail to respond to a lawful demand for information from an admissions or disciplinary authority, except that this Rule does not require disclosure of information otherwise protected by Rule 1.6. MARYLAND RULES APPENDIX: THE MARYLAND LAWYERS' RULES OF PROFESSIONAL CONDUCT MAINTAINING THE INTEGRITY OF THE PROFESSION Md. Lawyer's R. Prof'l Conduct 8.2 (2012) Rule 8.2. Judicial and Legal Officials. (a) A lawyer shall not make a statement that the lawyer knows to be false or with reckless disregard as to its truth or falsity concerning the qualifications or integrity of a judge, adjudicatory officer or public legal officer, or of a candidate for election or appointment to judicial or legal office. (b) Rule 4.1 (c)(2)(D) of the Maryland Code of Judicial Conduct, set forth in Rule 16-813, provides that a lawyer becomes a candidate for a judicial office when the lawyer files a certificate of candidacy in accordance with Maryland election laws, but no earlier than two years prior to the general election for that office. A candidate for a judicial office: (1) shall maintain the dignity appropriate to the office and act in a manner consistent with the impartiality, independence and integrity of the judiciary; (2) with respect to a case, controversy, or issue that is likely to come before the court, shall not make a commitment, pledge, or promise that is inconsistent with the impartial performance of the adjudicative duties of the office; Committee note. -- Rule 8.2(b)(2) does not prohibit a candidate from making a commitment, pledge, or promise respecting improvements in court administration or the faithful and impartial performance of the duties of the office. (3) shall not knowingly misrepresent his or her identity or qualifications, the identity or qualifications of an opponent, or any other fact; (4) shall not allow any other person to do for the candidate what the candidate is prohibited from doing; and (5) may respond to a personal attack or an attack on the candidate's record as long as the response does not otherwise violate this Rule. HISTORY: (Amended June 7, 2011, effective July 1, 2011.) MARYLAND RULES APPENDIX: THE MARYLAND LAWYERS' RULES OF PROFESSIONAL CONDUCT MAINTAINING THE INTEGRITY OF THE PROFESSION

Md. Lawyer's R. Prof'l Conduct 8.3 (2012) Rule 8.3. Reporting Professional Misconduct. (a) A lawyer who knows that another lawyer has committed a violation of the Maryland Lawyers' Rules of Professional Conduct that raises a substantial question as to that lawyer's honesty, trustworthiness or fitness as a lawyer in other respects, shall inform the appropriate professional authority. (b) A lawyer who knows that a judge has committed a violation of applicable rules of judicial conduct that raises a substantial question as to the judge's fitness for office shall inform the appropriate authority. (c) This Rule does not require disclosure of information otherwise protected by Rule 1.6 or information gained by a lawyer or judge while participating in a lawyer or judge assistance or professional guidance program. MARYLAND RULES APPENDIX: THE MARYLAND LAWYERS' RULES OF PROFESSIONAL CONDUCT MAINTAINING THE INTEGRITY OF THE PROFESSION Md. Lawyer's R. Prof'l Conduct 8.4 (2012) Rule 8.4. Misconduct. It is professional misconduct for a lawyer to: (a) violate or attempt to violate the Maryland Lawyers' Rules of Professional Conduct, knowingly assist or induce another to do so, or do so through the acts of another; (b) commit a criminal act that reflects adversely on the lawyer's honesty, trustworthiness or fitness as a lawyer in other respects; (c) engage in conduct involving dishonesty, fraud, deceit or misrepresentation; (d) engage in conduct that is prejudicial to the administration of justice; (e) knowingly manifest by words or conduct when acting in a professional capacity bias or prejudice based upon race, sex, religion, national origin, disability, age, sexual orientation or socioeconomic status when such action is prejudicial to the administration of justice, provided, however, that legitimate advocacy is not a violation of this paragraph; (f) state or imply an ability to influence improperly a government agency or official or to achieve results by means that violate the Maryland Lawyers' Rules of Professional Conduct or other law; or

(g) knowingly assist a judge or judicial officer in conduct that is a violation of applicable rules of judicial conduct or other law. HISTORY: (Amended June 7, 2011, effective July 1, 2011.) MARYLAND RULES APPENDIX: THE MARYLAND LAWYERS' RULES OF PROFESSIONAL CONDUCT MAINTAINING THE INTEGRITY OF THE PROFESSION Md. Lawyer's R. Prof'l Conduct 8.5 (2012) Rule 8.5. Disciplinary Authority; Choice of Law. (a) Disciplinary Authority. (1) A lawyer admitted by the Court of Appeals to practice in this State is subject to the disciplinary authority of this State, regardless of where the lawyer's conduct occurs. (2) A lawyer not admitted to practice in this State is also subject to the disciplinary authority of this State if the lawyer (i) provides or offers to provide any legal services in this State, (ii) holds himself or herself out as practicing law in this State, or (iii) has an obligation to supervise or control another lawyer practicing law in this State whose conduct constitutes a violation of these Rules. Cross references. -- Md. Rule 16-701(a). (3) A lawyer may be subject to the disciplinary authority of both this State and another jurisdiction for the same conduct. (b) Choice of Law. In any exercise of the disciplinary authority of this State, the rule of professional conduct to be applied shall be as follows: (1) for conduct in connection with a matter pending before a tribunal, the rules of the jurisdiction in which the tribunal sits, unless the rules of the tribunal provide otherwise; and (2) for any other conduct, the rules of the jurisdiction in which the lawyer's conduct occurred, or, if the predominant effect of the conduct is in a different jurisdiction, the rules of that jurisdiction shall be applied to the conduct. A lawyer shall not be subject to discipline if the lawyer's conduct conforms to the rules of a jurisdiction in which the lawyer reasonably believes the predominant effect of the lawyer's conduct will occur. MARYLAND RULES APPENDIX: IDEALS OF PROFESSIONALISM

Md. Rule ideals (2012) APPENDIX: IDEALS OF PROFESSIONALISM Professionalism is the combination of the core values of personal integrity, competency, civility, independence, and public service that distinguish lawyers as the caretakers of the rule of law. These Ideals of Professionalism emanate from and complement the Maryland Lawyers' Rules of Professional Conduct ("MLRPC"), the overall thrust of which is well-summarized in this passage from the Preamble to those Rules: "A lawyer should use the law's procedures only for legitimate purposes and not to harass or intimidate others. A lawyer should demonstrate respect for the legal system and for those who serve it, including judges, other lawyers, and public officials." A failure to observe these Ideals is not of itself a basis for disciplinary sanctions, but the conduct that constitutes the failure may be a basis for disciplinary sanctions if it violates a provision of the MLRPC or other relevant law. Preamble Lawyers are entrusted with the privilege of practicing law. They take a firm vow or oath to uphold the Constitution and laws of the United States and the State of Maryland. Lawyers enjoy a distinct position of trust and confidence that carries the significant responsibility and obligation to be caretakers for the system of justice that is essential to the continuing existence of a civilized society. Each lawyer, therefore, as a custodian of the system of justice, must be conscious of this responsibility and exhibit traits that reflect a personal responsibility to recognize, honor, and enhance the rule of law in this society. The Ideals and some characteristics set forth below are representative of a value system that lawyers must demand of themselves as professionals in order to maintain and enhance the role of legal professionals as the protectors of the rule of law. Ideals of Professionalism A lawyer should aspire: (1) to put fidelity to clients before self-interest; (2) to be a model for others, and particularly for his or her clients, by showing respect due to those called upon to resolve disputes and the regard due to all participants in the dispute resolution processes; (3) to avoid all forms of wrongful discrimination in all of his or her activities, including discrimination on the basis of race, sex, gender, religion, national origin, ethnicity, disability, age, sexual orientation, marital status, socioeconomic status, or political affiliation, with equality and fairness as the goals;

(4) to preserve and improve the law, the legal system, and other dispute resolution processes as instruments for the common good; (5) to make the law, the legal system, and other dispute resolution processes available to all; (6) to practice law with a personal commitment to the rules governing the profession and to encourage others to do the same; (7) to preserve the dignity and the integrity of the profession by his or her conduct, because the dignity and the integrity of the profession are an inheritance that must be maintained by each successive generation of lawyers; (8) to strive for excellence in the practice of law to promote the interests of his or her clients, the rule of law, and the welfare of society; and (9) to recognize that the practice of law is a calling in the spirit of public service, not merely a business pursuit. Accountability and Trustworthiness A lawyer should understand the principles set forth in this section. (1) Punctuality promotes the credibility of a lawyer. Tardiness and neglect denigrate the individual, as well as the legal profession. (2) Personal integrity is essential to the honorable practice of law. Lawyers earn the respect of clients, opposing counsel, and the courts when they keep their commitments and perform the tasks promised. (3) Honesty and, subject to legitimate requirements of confidentiality, candid communications promote credibility with clients, opposing counsel, and the courts. (4) Monetary pressures that cloud professional judgment and should be resisted. Education, Mentoring, and Excellence A lawyer should: (1) make constant efforts to expand his or her legal knowledge and to ensure familiarity with changes in the law that affect a client's interests; (2) willingly take on the responsibility of promoting the image of the legal profession by educating each client and the public regarding the principles underlying the justice system, and, as a practitioner of a learned art, by conveying to everyone the importance of professionalism;

(3) attend continuing legal education programs to demonstrate a commitment to keeping abreast of changes in the law; (4) as a senior lawyer, accept the role of mentor and teacher, whether through formal education programs or individual mentoring of less experienced lawyers; and (5) understand that mentoring includes the responsibility for setting a good example for another lawyer, as well as an obligation to ensure that each mentee learns the principles enunciated in these Ideals and adheres to them in practice. A Calling to Service A lawyer should: (1) serve the public interest by communicating clearly with clients, opposing counsel, judges, and the general public; (2) consider the impact on others when scheduling events. Reasonable requests for schedule changes should be accommodated if, in the view of the lawyer, such requests do not impact adversely the merits of the client's position; (3) maintain an open and respectful dialogue with clients and opposing counsel; (4) respond to all communications promptly, even if more time is needed to formulate a complete answer, and understand that delays in returning telephone calls or answering mail may leave the impression that the communication was unimportant or that the message was lost, and such delays increase tension and frustration; (5) keep a client apprised of the status of important matters affecting the client and inform the client of the frequency with which information will be provided, understanding that some matters will require regular contact, while others will require only occasional communication; (6) always explain a client's options or choices with sufficient detail to help the client make an informed decision; (7) reflect a spirit of respect in all interactions with opposing counsel, parties, staff, and the court; and (8) accept responsibility for ensuring that justice is available to every person and not just those with financial means. Fairness, Civility, and Courtesy A lawyer should: (1) act fairly in all dealings as a way of promoting the system of justice;

(2) understand that an excess of zeal may undermine a client's cause and hamper the administration of justice and that a lawyer can advocate zealously a client's cause in a manner that remains fair and civil; (3) know that zeal requires only that the client's interests are paramount and therefore warrant use of negotiation and compromise, when appropriate, to achieve a beneficial outcome, understanding that yelling, intimidating, issuing ultimatums, and using an "all or nothing" approach may constitute bullying, not zealous advocacy; (4) seek to remain objective when advising a client about the strengths and weaknesses of the client's case or work; (5) not allow a client's improper motives, unethical directions, or ill-advised wishes to influence a lawyer's actions or advice, such as when deciding whether to consent to an extension of time requested by an opponent, and make that choice based on the effect, if any, on the outcome of the client's case and not on the acrimony that may exist between the parties; (6) when appropriate and consistent with duties to the client, negotiate in good faith in an effort to avoid litigation and, where indicated, suggest alternative dispute resolution; (7) use litigation tools to strengthen the client's case, but avoid using litigation tactics in a manner solely to harass, intimidate, or overburden an opposing party; and (8) note explicitly any changes made to documents submitted for review by opposing counsel, understanding that fairness is undermined by attempts to insert or delete language without notifying the other party or the party's lawyer. A lawyer should understand that: (1) professionalism requires civility in all dealings, showing respect for differing points of view, and demonstrating empathy for others; (2) courtesy does not reflect weakness; rather, it promotes effective advocacy by ensuring that parties have the opportunity to participate in the process without personal attacks or intimidation; (3) maintaining decorum in every venue, especially in the courtroom, is neither a relic of the past nor a sign of weakness; it is an essential component of the legal process; (4) professionalism is enhanced by preparing scrupulously for meetings and court appearances and by showing respect for the court, opposing counsel, and the parties through courteous behavior and respectful attire; (5) courtesy and respect should be demonstrated in all contexts, not just with clients and colleagues, or in the courtroom, but also with support staff and court personnel;

(6) hostility between clients should not become grounds for a lawyer to show hostility or disrespect to a party, opposing counsel, or the court; (7) patience enables a lawyer to exercise restraint in volatile situations and to defuse anger, rather than elevate the tension and animosity between parties or lawyers; and (8) the Ideals of Professionalism are to be observed in all manner of communication, and a lawyer should resist the impulse to respond uncivilly to electronic communications in the same manner as he or she would resist such impulses in other forms of communication. HISTORY: (Added March 9, 2010, effective July 1, 2010.) MARYLAND RULES APPENDIX: GUIDELINES OF ADVOCACY FOR ATTORNEYS REPRESENTING CHILDREN IN CINA AND RELATED TPR AND ADOPTION PROCEEDINGS Md. Rule chadv (2012) APPENDIX: GUIDELINES OF ADVOCACY FOR ATTORNEYS REPRESENTING CHILDREN IN CINA AND RELATED TPR AND ADOPTION PROCEEDINGS STATEMENT OF THE ISSUE The Maryland Foster Care Court Improvement Project has developed these Guidelines of Advocacy for Attorneys Representing Children in Child in Need of Assistance (CINA) and Related Termination of Parental Rights (TPR) and Adoption Proceedings. The court's ability to protect the interests of children rests in large part upon the skill and expertise of the advocate. An attorney should represent a child who is the subject of a CINA or a related TPR or adoption proceeding in accordance with these Guidelines. Nothing contained in the Guidelines is intended to modify, amend, or alter the fiduciary duties that an attorney owes to a client pursuant to the Maryland Lawyers' Rules of Professional Conduct. For purposes of these Guidelines, the word "child" refers to the client of the attorney. A. ADVOCATE FOR THE CHILD GUIDELINE A. ROLE OF THE CHILD'S COUNSEL The attorney should determine whether the child has considered judgment as defined in Guideline B1. If the child has considered judgment, the attorney should so state in open court and should advocate a position consistent with the child's wishes in the matter. If the attorney determines that the child lacks considered judgment, the attorney should so inform the court. The attorney should then advocate a position consistent with the best interests of the child as defined in Guideline B2. B. CONSIDERED JUDGMENT GUIDELINE B1. ASSESSING CONSIDERED JUDGMENT

The attorney should advocate the position of a child unless the attorney reasonably concludes that the child is unable to express a reasoned choice about issues that are relevant to the particular purpose for which the attorney is representing the child. If the child has the ability to express a reasoned choice, the child is regarded as having considered judgment. a. To determine whether the child has considered judgment, the attorney should focus on the child's decision-making process, rather than the child's decision. The attorney should determine whether the child can understand the risks and benefits of the child's legal position and whether the child can reasonably communicate the child's wishes. The attorney should consider the following factors when determining whether the child has considered judgment: (1) the child's developmental stage: (a) cognitive ability, (b) socialization, and (c) emotional and mental development; (2) the child's expression of a relevant position: (a) ability to communicate with the attorney, and (b) ability to articulate reasons for the legal position; and (3) relevant and available reports such as reports from social workers, psychiatrists, psychologists, and schools. b. A child may be capable of considered judgment even though the child has a significant cognitive or emotional disability. c. At every interview with the child, the attorney should assess whether the child has considered judgment regarding each relevant issue. In making a determination regarding considered judgment, the attorney may seek guidance from professionals, family members, school officials, and other concerned persons. The attorney should also determine if any evaluations are needed and advocate them when appropriate. At no time shall the attorney compromise the attorney-client privilege. d. An attorney should be sensitive to cultural, racial, ethnic, or economic differences between the attorney and the child because such differences may inappropriately influence the attorney's assessment of whether the child has considered judgment. GUIDELINE B2. BEST INTEREST STANDARD When an attorney representing a child determines that the child does not have considered judgment, the attorney should advocate for services and safety measures that the attorney believes to be in the child's best interests, taking into consideration the placement that is the least restrictive

alternative. The attorney may advocate a position different from the child's wishes if the attorney finds that the child does not have considered judgment at that time. The attorney should make clear to the court that the attorney is adopting the best interest standard for that particular proceeding and state the reasons for adopting the best interest standard as well as the reasons for any change from a previously adopted standard of representation. Even if the attorney advocates a position different from the child's wishes, the attorney should ensure that the child's position is made a part of the record. C. CLIENT CONTACT GUIDELINE C1. GENERAL The attorney should meet in the community with the child at each key stage of the representation to conduct a meaningful interview. The attorney should meet the child in preparation for a hearing, regardless of the child's age or disability, in an environment that will facilitate reasonable attorneyclient communications. The attorney is encouraged to meet with the child in multiple environments, including the child's school, placement, each subsequent placement, or home. When face-to-face contact with a child is not reasonably possible or not necessary, the attorney still should have meaningful contact with the child. These situations may include: (a) a child placed out-of-state; (b) a teenager with whom the attorney has established a sufficient attorneyclient relationship; or (c) a child under the age of three at the shelter care proceeding. The attorney, however, should have face-to-face contact with the child prior to the adjudication hearing. When a communication with the child requires a sign or spoken language interpreter, the attorney should try to use the services of a court-related interpreter or other qualified interpreter other than the child's family, friends, or social workers. GUIDELINE C2. DETERMINATIONS After conducting one or more interviews with a child and giving reasonable consideration to the child's age and cognitive and emotional development, the attorney should determine, at a minimum: a. whether the child has considered judgment; b. whether the presence of the child at the proceedings will be waived, i.e., whether the child wants or needs to be present at the hearing or whether the child will be harmed by appearing in court; c. the child's position on the agency's petition, court report(s), and other relevant issues, including the permanency plan and placement; d. the child's position on evidence that may be offered at the hearing, including evidence that may be offered on behalf of the child;

e. the child's legal position at the hearing; f. whether there is a conflict of interest that requires the attorney to move to withdraw from representing one or all of the clients as, for example, when the attorney represents siblings; g. whether the child should be called as a witness, after considering such factors as (1) the child's age, (2) the child's cognitive and emotional development, (3) the child's need or desire to testify, (4) the likelihood of emotional trauma or repercussions to the child, (5) the necessity of the child's direct testimony, and (6) the availability of other evidence, hearsay exceptions, proffers, or stipulations that can substitute for direct testimony; and h. if the child will be called as a witness, the setting of the child's testimony; for example, whether the child should testify in open court, open chambers, closed chambers, or another location. GUIDELINE C3. ANCILLARY CONTACT WITH THE CHILD The attorney should have meaningful contact with the child at least every six months, even if a court hearing is not scheduled. The attorney should seek to obtain notice of emergencies and significant events involving the child between court hearings. Upon receiving notice of such an event (for example, a change of placement), the attorney should interview or observe the child within a reasonable time. As necessary or appropriate to the representation, the attorney should attend treatment, placement, and administrative hearings, and other proceedings, as well as school case conferences or staffing conferences concerning the child. GUIDELINE C4. CONTINUITY OF REPRESENTATION The attorney should continue to represent the child after the initial court proceeding, including at disposition review hearings, permanency planning hearings, and related TPR and adoption proceedings. D. ATTORNEY INVESTIGATION GUIDELINE D1. INDEPENDENT INVESTIGATION The child's attorney should conduct a thorough and independent investigation as necessary or appropriate to the representation. This investigation may include the following: a. obtaining and reviewing the child's social services, psychiatric, psychological, drug and alcohol, medical, law enforcement, school, and other records relevant to the case; b. interviewing or observing the child before all court hearings and when apprised of emergencies or significant events affecting the child; c. interviewing school personnel and other professionals and potential witnesses; d. interviewing the child's caretaker(s), with the permission of their attorney when necessary,

concerning the type of services the child currently receives and the type of services the child needs; and e. reviewing all relevant evidence. At each stage of the investigation, the attorney should be familiar with the child's position. GUIDELINE D2. NON-VERBAL CHILD WITHOUT CONSIDERED JUDGMENT For a non-verbal child who does not have considered judgment, the attorney should observe that child in the child's environment and conduct a thorough investigation. The investigation should include, at a minimum, contact with the child's caretaker, teacher, physician, and caseworker to obtain information about the status of the child. E. INVOLVEMENT IN THE COURT PROCESS GUIDELINE E1. PRE-TRIAL STAGES a. If the child has considered judgment, the attorney should develop a position and strategy concerning every relevant aspect of the proceedings. When developing the child's legal position, the attorney should ensure that the child is given advice and guidance and all information necessary to make an informed decision. b. The attorney should explain to the child in a manner appropriate to the child's level of development what is expected to happen before, during, and after each hearing. c. Consistent with the child's wishes, or the best interests of a child without considered judgment, the attorney should seek to obtain appropriate services, including services for children with physical, mental, or developmental disabilities. GUIDELINE E2. TRIAL STAGES a. The attorney should attend all hearings involving the child and participate in all telephone or other conferences with the court unless a particular hearing involves issues completely unrelated to the child. b. The attorney should present a case and make appropriate motions, including, when appropriate, introducing independent evidence and witnesses and cross-examining witnesses. c. During all hearings, the attorney should preserve legal issues for appeal, as appropriate. d. Consistent with the wishes of a child with considered judgment, the attorney should try to ensure timely hearings and oppose unwarranted continuances or postponements. GUIDELINE E3. POST-TRIAL STAGES

a. Following the hearing, if consistent with the attorney's representation of the child's position, the attorney should seek a written court order to be given to the parties, containing at a minimum: (1) required findings of fact and conclusions of law; (2) the date and time of the next hearing; (3) required notices; (4) actions to be taken by each party, including the agency(ies), and custodians; (5) appropriate statutory timelines; and (6) the names of the parties who were present at the hearing. b. The attorney should consider and discuss with the child the possibility and ramifications of an appeal and, when appropriate, take all steps necessary to note an appeal or participate in an appeal filed by another party. F. LAWYER TRAINING GUIDELINE F1. INITIAL TRAINING OR EXPERIENCE Before accepting a case, a lawyer who does not have sufficient experience in providing legal representation to children in CINA and related TPR and adoption cases should participate in formal training and education related to this area of practice. The lawyer should satisfy the court and, if applicable, the entity responsible for payment of the lawyer that the lawyer has sufficient skill and experience in child advocacy. The lawyer should participate in available training and education, including in-house training. GUIDELINE F2. SUBSTANCE OF TRAINING Lawyers who seek to represent children in these proceedings are encouraged to seek training and education in such subjects as: a. the role of child's counsel; b. assessing considered judgment; c. basic interviewing techniques; d. child development: cognitive, emotional, and mental stages; e. federal and state statutes, regulations, rules, and case law; f. overview of the court process and key personnel in child-related litigation;

g. applicable guidelines and standards of representation; h. family dynamics and dysfunction, including substance abuse and mental illness; i. related issues, such as domestic violence, special education, mental health, developmental disability systems, and adult guardianships; j. social service agencies, child welfare programs, and medical, educational, and mental health resources for the child and family; and k. written materials, including related motions, court orders, pleadings, and training manuals. G. ROLE OF THE COURT If the court becomes aware that an attorney is not following these Guidelines, the court may encourage compliance by taking one or more of the following steps, as appropriate: (1) alert the individual attorney that the attorney is not in compliance with the Guidelines; (2) alert relevant government agencies or firms that the attorney is not complying with the Guidelines; (3) alert the entity(ies) responsible for administering the contracts for children's representation that the attorney appointed to represent children is not complying with the Guidelines; and (4) appoint another attorney for the child. HISTORY: (Added Mar. 5, 2001, effective July 1, 2001.) MARYLAND RULES APPENDIX: MARYLAND GUIDELINES FOR PRACTICE FOR COURT-APPOINTED LAWYERS REPRESENTING CHILDREN IN CASES INVOLVING CHILD CUSTODY OR CHILD ACCESS Md. Rule cal (2012) APPENDIX: MARYLAND GUIDELINES FOR PRACTICE FOR COURT-APPOINTED LAWYERS REPRESENTING CHILDREN IN CASES INVOLVING CHILD CUSTODY OR CHILD ACCESS Introduction and Scope These Guidelines are intended to promote good practice and consistency in the appointment and performance of lawyers for children in cases involving child custody and child access decisions. However, the failure to follow a Guideline does not itself give rise to a cause of action against a lawyer nor does it create any presumption that a legal duty has been breached. These Guidelines

apply to divorce, custody, visitation, domestic violence, and other civil cases where the court may be called upon to decide issues relating to child custody or access. Nothing contained in the Guidelines is intended to modify, amend, or alter the fiduciary duty that an attorney owes to a client pursuant to the Maryland Lawyers' Rules of Professional Conduct. These Guidelines do not apply to Child In Need of Assistance ("CINA"), Termination of Parental Rights ("TPR"), or adoption cases. The appointment and performance of attorneys appointed to represent children in those cases is addressed by the Guidelines of Advocacy for Attorneys Representing Children in CINA and Related TPR and Adoption Proceedings. 1. Definitions. A court that appoints counsel for a minor child in a case involving child custody or child access issues should clearly indicate in the appointment order, and in all communications with the attorney, the parties, and other counsel, the role expected of child's counsel. The terminology and roles used should be in accordance with the definitions in Guidelines 1.1 -- 1.3. 1.1. Child's Best Interest Attorney. "Child's Best Interest Attorney" means a lawyer appointed by a court for the purpose of protecting a child's best interests, without being bound by the child's directives or objectives. This term replaces the term "guardian ad litem." The Child's Best Interest Attorney makes an independent assessment of what is in the child's best interest and advocates for that before the court, even if it requires the disclosure of confidential information. The best interest attorney should ensure that the child's position is made a part of the record whether or not different from the position that the attorney advocates. 1.2. Child's Advocate Attorney. "Child's Advocate Attorney" means a lawyer appointed by a court to provide independent legal counsel for a child. This term replaces the less specific phrase, "child's attorney." A Child's Advocate Attorney owes the child the same duties of undivided loyalty, confidentiality, and competent representation as are due an adult client. A Child's Advocate Attorney should be appointed when the child is need of a voice in court, such as in relocation cases, when there are allegations of child abuse, or where the child is sufficiently mature and sees his or her interests as distinct from the interests of the child's parents. 1.3. Child's Privilege Attorney. "Child's Privilege Attorney" means a lawyer appointed by a court in a case involving child custody or child access to decide whether to assert or waive, on behalf of a minor child, any privilege that the child if an adult would be entitled to assert or waive. This term replaces the term "Nagle v. Hooks Attorney." (Nagle v. Hooks, 296 Md. 123 (1983)). The court may combine the roles of Child's Privilege Attorney with either of the other two roles. 2. Responsibilities. 2.1. Determining considered judgment. The attorney should determine whether the child has considered judgment. To determine whether the child has considered judgment, the attorney should focus on the child's decision-making process, rather than the child's decision. The attorney should determine whether the child can understand therisks and benefits of the child's legal position and whether the child can reasonably communicate the child's wishes. The attorney should consider the following factors when determining whether the child has considered judgment:

(1) the child's developmental stage: (a) cognitive ability, (b) socialization, and (c) emotional and mental development; (2) the child's expression of a relevant position: (a) ability to communicate with the attorney, and (b) ability to articulate reasons for the legal position; and (3) relevant and available reports, such as reports from social workers, psychiatrists, psychologists, and schools. A child may be capable of considered judgment even though the child has a significant cognitive or emotional disability. In determining considered judgment, the attorney may seek guidance from professionals, family members, school officials, and other concerned persons. The attorney also should determine whether any evaluations are needed and request them when appropriate. An attorney should be sensitive to cultural, racial, ethnic, or economic differences between the attorney and the child. 2.2. Child's Best Interest Attorney. A Child's Best Interest Attorney advances a position that the attorney believes is in the child's best interest. Even if the attorney advocates a position different from the child's wishes, the attorney should ensure that the child's position is made a part of the record. A Child's Best Interest Attorney may perform the following duties in exercising the attorney's obligation to the client and the court, as appropriate: (a) Meet with and interview the child, and advise the child of the scope of the representation. (b) Investigate the relative abilities of the parties in their roles as parents or custodians. (c) Visit the child in each home. (d) Conduct individual interviews with parents, other parties, and collateral witnesses. (e) Observe the child's interactions with each parent and each other party, individually. (f) Review educational, medical, dental, psychiatric, psychological, or other records. (g) Interview school personnel, childcare providers, healthcare providers, and mental health

professionals involved with the child or family. (h) File and respond to pleadings and motions. (i) Participate in discovery. (j) Participate in settlement negotiations. (k) Participate in the trial, including calling witnesses and presenting evidence and argument, as appropriate. (l) If the child is to meet with the judge or testify, prepare the child, familiarizing the child with the places, people, procedures, and questioning that the child will be exposed to, and seek to minimize any harm to the child from the process. (m) Inform the child in a developmentally appropriate manner when the representation is ending. A Child's Best Interest Attorney shall not testify at trial or file a report with the court. 2.3. Child's Advocate Attorney. If a Child's Advocate Attorney determines that the child has considered judgment, the attorney advances the child's wishes and desires in the pending matter. If a Child's Advocate Attorney determines that the child does not have considered judgment, the Child's Advocate Attorney should petition the court to (1) alter the attorney's role to permit the attorney to serve as a Child's Best Interest Attorney or (2) appoint a separate Child's Best Interest Attorney. A Child's Advocate Attorney may perform the following duties in exercising the attorney's obligation to the child and the court, as appropriate: (a) Meet with and interview the child, and advise the child of the scope of the representation. (b) Investigate the relative abilities of the parties in their role as parents or custodians. (c) Visit the child in each home. (d) Conduct individual interviews with parents, other parties, and collateral witnesses. (e) Observe the child's interactions with each parent and each other party, individually. (f) Review educational, medical, dental, psychiatric, psychological, or other records. (g) Interview school personnel, childcare providers, healthcare providers, and mental health professionals involved with the child or family. (h) File and respond to pleadings and motions. (i) Participate in discovery.

(j) Participate in settlement negotiations. (k) Participate in the trial, including calling witnesses and presenting evidence and argument, as appropriate. (l) If the child is to meet with the judge or testify, prepare the child, familiarizing the child with the places, people, procedures, and questioning that the child will be exposed to, and seek to minimize any harm to the child from the process. (m) Inform the child in a developmentally appropriate manner when the representation ends. A Child's Advocate Attorney shall not testify at trial or file a report with the court. 2.4. Child's Privilege Attorney. A Child's Privilege Attorney notifies the court and the parties of the attorney's decision to waive or assert the child's privilege by (1) filing a document with the court prior to the hearing or trial at which the privilege is to be asserted or waived or (2) placing the waiver or assertion of privilege on the record at a pretrial proceeding or the trial. A Child's Privilege Attorney may perform the following duties in exercising the attorney's obligation to the child and the court, as appropriate: (a) Meet with and interview the child, and advise the child of the scope of the representation. (b) Interview any witnesses necessary to assist the attorney in determining whether to assert or waive the privilege. (c) Review educational, medical, dental, psychiatric, psychological, or other records. 3. Conflicts of interest. An attorney who has been appointed to represent two or more children should remain alert to the possibility of a conflict that could require the attorney to decline representation or withdraw from representing all of the children. If a conflict of interest develops, the attorney should bring the conflict to the attention of the court as soon as possible, in a manner that does not compromise either client's interests. 4. Training and continuing education. Unless waived by the court, an attorney appointed as a Child's Best Interest Attorney, Child's Advocate Attorney, or Child's Privilege Attorney should have completed at least six hours of training that includes the following topics: (a) applicable representation guidelines and standards; (b) children's development, needs, and abilities at different stages; (c) effectively communicating with children; (d) preparing and presenting a child's viewpoint, including child testimony and alternatives to

direct testimony; (e) recognizing, evaluating, and understanding evidence of child abuse and neglect; (f) family dynamics and dysfunction, domestic violence, and substance abuse; (g) recognizing the limitations of attorney expertise and the need for other professional expertise, which may include professionals who can provide information on evaluation, consultation, and testimony on mental health, substance abuse, education, special needs, or other issues; and (h) available resources for children and families in child custody and child access disputes. Each court should require attorneys seeking appointments as child counsel to maintain their knowledge of current law and complete a specific amount of additional training over a defined interval. 5. Qualifications. An attorney appointed to serve as a Child's Best Interest Attorney, Child's Advocate Attorney, or Child's Privilege Attorney should, as a minimum: (a) be a member of the Maryland Bar in good standing, with experience in family law, or have been approved to represent children through a pro bono program approved by the bench; and (b) unless waived by the court, have successfully completed the six hours of training specified in Guideline 4. In addition, courts should seek to appoint attorneys who: (a) are willing to take at least one pro bono appointment as child counsel per year, and (b) have at least three years of family law experience or other relevant experience. In evaluating relevant experience, the court may consider the attorney's experience in social work, education, child development, mental health, healthcare, or other related fields. 6. Compensation. 6.1. Compensation structure. Each court should develop a compensation structure for the three roles of child counsel: Child's Best Interest Attorneys, Child's Advocate Attorneys, and Child's Privilege Attorneys. 6.2. Compensation mechanism. Each court should take steps to ensure that child counsel are compensated adequately and in a timely fashion, unless the attorney has been asked to serve pro bono publico. Courts may use the following mechanisms to ensure attorney compensation: (a) Require one or more of the parties to deposit a significant retainer amount or a fixed fee determined by the court into an attorney escrow account or the court's registry.

(b) If a party qualifies for a fee waiver, compensate child counsel out of available funds. See Guideline 6.3. (c) Enter a judgment for any unpaid fees. 6.3. Fee waivers. Each court should prepare its budget to ensure that it has sufficient funds to cover the expense of counsel fees for children when the parties are not able to pay the full fees, or the court should develop a pro bono publico component to its program to provide counsel for children. Each court should apply the same fee waiver procedure, forms, and standard for the appointment of child counsel that are set forth in the Guidelines for Grant Recipients for all family services funded by the Family Divisionamily Services Program Grants. If a fee waiver is granted, the court should apply a cap on compensation that is appropriate to the role for which child counsel is appointed. HISTORY: (Added May 8, 2007, effective July 1, 2007.) MARYLAND RULES APPENDIX: MARYLAND CODE OF CONDUCT FOR COURT INTERPRETERS Md. Rule cci (2012) APPENDIX: MARYLAND CODE OF CONDUCT FOR COURT INTERPRETERS Preamble In the absence of a court interpreter, many persons who come before the courts are partially or completely excluded from full participation in the proceedings because they have limited proficiency in the English language, have a speech impairment, or are deaf or hard of hearing. It is essential that the resulting communication barrier be removed, as far as possible, so that these persons are placed in the same position and enjoy equal access to justice as similarly situated persons for whom there is no such barrier. As officers of the court, interpreters help to ensure that these persons enjoy equal access to justice and that court proceedings and court support services function efficiently and effectively. Applicability This Code shall guide and be binding upon all certified interpreters and interpreters eligible for certification, as those terms are defined in Rule 16-819, and all agencies and organizations that administer, supervise the use of, or deliver interpreting services in the courts of this State. Canon 1 Accuracy and Completeness Interpreters shall render a complete and accurate interpretation or sight translation, without altering, omitting, or adding anything to what is stated or written and without explanation.

Commentary The interpreter has a twofold duty: 1) to ensure that the proceedings reflect precisely what was said, and 2) to place the person with limited English proficiency on an equal footing with those who understand English. This creates an obligation to conserve every element of information contained in a source language communication when it is rendered in the target language. Therefore, interpreters are obligated to apply their best skills and judgment to preserve faithfully the meaning of what is said in court, including the style or register of speech. Verbatim, "word for word," or literal oral interpretations are not appropriate if they distort the meaning of the source language, but every spoken statement, even if it appears non-responsive, obscene, rambling, or incoherent, should be interpreted. This includes apparent misstatements. Interpreters should never interject their own words, phrases, or expressions. If the need arises to explain an interpreting problem (e.g., a term or phrase with no direct equivalent in the target language or a misunderstanding that only the interpreter can clarify), the interpreter should ask the court's permission to provide an explanation. Interpreters should convey the emotional emphasis of the speaker without reenacting or mimicking the speaker's emotions or dramatic gestures. Sign language interpreters, however, must employ all of the visual cues that the language that they are interpreting requires -- including facial and spatial grammar. The obligation to preserve accuracy includes the interpreter's duty to correct any error of interpretation discovered by the interpreter during the proceeding. Interpreters should demonstrate their professionalism by objectively analyzing any challenge to their performance. Canon 2 Representation of Qualifications Interpreters shall accurately and completely represent their certifications, training, and pertinent experience. Commentary Acceptance of a case by an interpreter conveys linguistic and interpreting competency in legal settings. Withdrawing or being asked to withdraw from a case after it begins causes a disruption of court proceedings and is wasteful of scarce public resources. It is therefore essential that, prior to appointment, interpreters present a complete and truthful account of their training, certification, and experience, so the officers of the court can fairly evaluate their qualifications for delivering interpreting services. Canon 3 Impartiality and Avoidance of Conflict of Interest

Interpreters shall be impartial and unbiased and shall refrain from conduct that may give an appearance of bias. Interpreters shall disclose any real or perceived conflict of interest. Commentary The interpreter serves as an officer of the court, and the interpreter's duty in a court proceeding is to serve the court and the public to which the court is a servant. This is true regardless of whether the interpreter is retained publicly at government expense or privately at the expense of one of the parties. Interpreters should avoid any conduct or behavior that presents the appearance of favoritism toward any of the parties. Interpreters should maintain professional relationships with the participants and should not take an active part in any of the proceedings. During the course of the proceedings, interpreters should not converse with parties, witnesses, prospective, qualified, or sworn jurors, attorneys, or law enforcement officers or with friends or relatives of any party, except in the discharge of official functions. It is especially important that interpreters who are familiar with courtroom personnel refrain from casual and personal conversations that may convey an appearance of a special relationship with or partiality to any of the court participants. Interpreters should strive for professional detachment. Verbal and non-verbal displays of personal attitudes, prejudices, emotions, or opinions should be avoided at all times. Whenever an interpreter becomes aware that a proceeding participant views the interpreter as having a bias or being biased, the interpreter should disclose that knowledge to the appropriate judicial authority and counsel. Any condition that interferes with the objectivity of an interpreter constitutes a conflict of interest. Before providing services in a matter, court interpreters must disclose to all parties and presiding officials any prior involvement, whether personal or professional, that could be reasonably construed as a conflict of interest. This disclosure should not include privileged or confidential information. The following are circumstances that are presumed to create actual or apparent conflicts of interest for interpreters so that they should not serve: 1. The interpreter is a friend, associate, or relative of a party or counsel involved in the proceedings; 2. The interpreter has served in an investigative capacity for any party to the case; 3. The interpreter was retained by a law enforcement agency to assist in the preparation of the civil or criminal case at issue;

4. The interpreter or the interpreter's spouse or child has a financial interest in the subject matter in controversy or in a party to the proceeding or has any other interest that would be affected by the outcome of the case; 5. The interpreter has been involved in the choice of counsel or law firm for that case. Interpreters should disclose to the court and other parties whenever they have been retained previously for private employment by one of the parties in the case. Interpreters should not serve in any matter in which payment for their services is contingent upon the outcome of the case. An interpreter who is also an attorney should not serve in both capacities in the same matter. Canon 4 Professional Demeanor Interpreters shall conduct themselves in a manner consistent with the dignity of the court and shall be as unobtrusive as possible. Commentary Interpreters should know and observe the established protocol, rules, and procedures for delivering interpreting services. Interpreters should work without drawing undue or inappropriate attention to themselves. Interpreters should avoid obstructing the view of any of the individuals involved in the proceedings. However, the positioning of interpreters should be conducive to receiving effective communications. Canon 5 Confidentiality Interpreters shall protect the confidentiality of all privileged and other confidential information. Commentary The interpreter must protect and uphold the confidentiality of all privileged information obtained during the course of her or his duties. It is especially important that the interpreter understand and uphold the attorney-client privilege, which requires confidentiality with respect to any communication between attorney and client. This rule also applies to other types of privileged communications.

Interpreters must also refrain from repeating or disclosing information that is obtained by them in the course of their employment and that may be relevant to the legal proceeding. In the event that an interpreter becomes aware of information that suggests imminent harm to someone or relates to a crime being committed during the course of the proceedings, the interpreter should immediately disclose the information to an appropriate authority within the judiciary who is not involved in the proceeding and seek advice in regard to the potential conflict in professional responsibility. Canon 6 Restriction of Public Comment Interpreters shall not publicly discuss, report, or offer an opinion concerning a matter in which they are or have been engaged, even when that information is not privileged or required by law to be confidential. Canon 7 Scope of Practice While serving as interpreters, interpreters shall limit themselves to interpreting or translating and shall not give legal advice, express personal opinions to individuals for whom they are interpreting, or engage in any other activities which may be construed to constitute a service other than interpreting or translating. Commentary Since interpreters are responsible only for enabling others to communicate, they should limit themselves to the activity of interpreting or translating. Interpreters should refrain from initiating communications while interpreting, except as necessary for ensuring an accurate and faithful interpretation. Interpreters may be required to initiate communications during a proceeding when they find it necessary to seek assistance in performing their duties. Examples of such circumstances include seeking direction when unable to understand or express a word or thought, requesting speakers to moderate their rate of communication or to repeat or rephrase something, correcting their own interpreting errors, or notifying the court of reservations about their ability to satisfy an assignment competently. In such instances, interpreters should make it clear that they are speaking for themselves. An interpreter may convey legal advice from an attorney to a person only while that attorney is giving it. An interpreter should not explain the purpose of forms or services or otherwise act as counselors or advisors but, rather, merely interpret for someone who is acting in that official capacity. The interpreter may translate language on a form for a person who is filling out the form but may not explain the form or its purpose for such a person.

The interpreter should not perform acts that are the official responsibility of other court officials including, but not limited to, court clerks, pretrial release investigators or interviewers, or probation counselors. Canon 8 Assessing and Reporting Impediments to Performance Interpreters shall assess at all times their ability to deliver their services. When interpreters have any reservation about their ability to satisfy an assignment competently, they shall immediately convey that reservation to the appropriate judicial authority. Commentary Interpreters should notify the appropriate judicial authority whenever the communication mode or language of the persons with limited English proficiency cannot be interpreted readily. Interpreters should notify the appropriate judicial authority about any environmental or physical limitation that impedes or hinders their ability to deliver interpreting services adequately (e.g., the courtroom is not quiet enough for the interpreter to hear or be heard, more than one person at a time is speaking, or principals or witnesses are speaking too rapidly for the interpreter to interpret adequately). Sign language interpreters must ensure that, prior to commencement of the proceeding, they are positioned visually in the most appropriate position for the deaf or hard of hearing person to convey and receive the communication. The proceeding should not begin, even by permitting the attorneys to identify themselves for the record, until the sign language interpreter is positioned properly. Immediately after the attorneys have identified themselves, the interpreter oath should be administered, regardless of the type of proceeding. Interpreters should notify the presiding officer of the need to take periodic breaks to maintain mental and physical alertness and to prevent interpreter fatigue. Interpreters should recommend and encourage the use of a relay interpreter and/or interpreter teams as necessary. Interpreters are required to inquire as to the nature of a case before accepting an assignment. This enables interpreters to match their professional qualifications, skills, and experience more closely to potential assignments, to assess more accurately their ability to satisfy those assignments competently, and to identify any personal bias arising from the nature of the case. Even competent and experienced interpreters may encounter situations in which routine proceedings involve unanticipated technical or specialized terminology unfamiliar to the interpreter (e.g., the unscheduled testimony of an expert witness). When such instances occur, interpreters should request a recess for a sufficient amount of time to familiarize themselves with the terminology. If familiarity with the terminology requires extensive time or more intensive research, interpreters should inform the presiding officer. Interpreters should refrain from accepting a case whenever they feel the language or subject matter of that case is likely to exceed their skills or capacities. Interpreters should feel no compunction

about notifying the presiding officer if they feel unable to perform competently, due to lack of familiarity with terminology, lack of preparation, or difficulty in understanding a witness or defendant. Canon 9 Duty to Report Ethical Violations Interpreters shall report to the proper judicial authority any effort to impede their compliance with any law, any provision of this Code, or any other official policy governing court interpreting and legal translating. Commentary Since users of interpreting services frequently misunderstand the proper role of the interpreter, they may ask or expect the interpreter to perform duties or engage in activities that run counter to the provisions of this Code or of laws, regulations, or policies governing court interpreters. It is incumbent upon the interpreter to inform such persons of his or her professional obligations. If, having been apprised of these obligations, the person persists in demanding that the interpreter violate them, the interpreter should ask a supervisory interpreter, a judge, or another official with jurisdiction over interpreter matters to resolve the situation. Canon 10 Professional Development Interpreters shall continually improve their skills and knowledge and advance the profession through activities such as professional training and education and interaction with colleagues and specialists in related fields. Commentary Interpreters must continually strive to increase their knowledge of the languages in which they work professionally, including past and current trends in technical, vernacular, and regional terminology as well as their application within court proceedings. Interpreters should keep informed of all statutes, rules of courts and policies of the judiciary that relate to the performance of their professional duties. Interpreters should seek to elevate the standards of the profession through participation in workshops, professional meetings, interaction with colleagues, and reading of current literature in the field. Canon 11 Compliance

After notice and a reasonable opportunity to respond, the Administrative Office of the Courts may remove an interpreter from the list of court interpreters. HISTORY: (Amended May 8, 2007, effective July 1, 2007; Dec. 4, 2007, effective Jan. 1, 2008.) MARYLAND RULES APPENDIX: COURT INTERPRETER INQUIRY QUESTIONS Md. Rule Appendix (2012) APPENDIX: COURT INTERPRETER INQUIRY QUESTIONS Following is an excerpt from the October 20, 1998 Report of the Maryland Judicial Conference Advisory Committee on Interpreters. Interpreter Voir Dire Questions*: * Adapted from William Mitchell School of Law, Legal Interpreting Workshop, 1981, conducted by Anna Witter-Merithew and Jill Hartman. Revised in 1986 by the authors. Revised in 1994 by the Maryland Judicial Conference's Task Force on Interpreters. Revised in May, 1997 by the Advisory Committee on Interpreters' Subcommittee on Court Interpreter Fees, Qualification Standards and usage. These questions are intended to elicit from a prospective interpreter, whether sign or spoken, the information that the Court needs to determine whether an individual is a competent court interpreter and whether the individual is the appropriate interpreter for the particular case. A few questions are appropriate only to a sign or a spoken language interpreter. In the event that the interpreter is considered "certified" in Maryland, the voir dire need not be as extensive. (1) State your full name and address. (2) Where are you employed currently? (3) How long have you known [sign/spoken language]? (4) Where did you learn [sign/spoken language]? (5) Can you communicate fluently in [sign/spoken language]? (6) What is your educational background? (7) What formal interpreter training have you undertaken? (8) What formal legal interpreter training have you undertaken? (9) What knowledge and skill areas did you study? (10) Have you attended the Maryland Judiciary's Orientation Workshop for Court Interpreters?

(11) Are you certified? By whom? What is your certification called? (12) Please explain the certification process? Questions 13 through 19 need not be asked if the interpreter is "certified" for purposes of Maryland courts. (13) Have you spent time in a country where your spoken language is used? (14) Are you active in any professional organization? (15) What do "RID" and "NAJIT" mean? (16) How many times have you interpreted in court and in what kinds of situations have you interpreted? (17) Have you met (the person for whom interpreter services are to be provided)?

(18) Were you able to establish communication? (19) How could you determine that you were being understood and that communication was established? (20) What language does the person use? (21) How did you determine the language used? (22) How long did it take you to determine the language used? (23) In your opinion, is the deaf person American Sign Language-English bilingual? Questions 24 through 30 need not be asked if the interpreter is "certified" for purposes of Maryland courts. (24) Please explain the difference between interpreting and transliterating. Between interpreting and translation. (25) Can you define "minimal language skills"? (26) Is it possible to sign in American Sign Language at the same time you are speaking in English? (27) Will the interpretation you provide today be verbatim? (28) What process would you use to inform the Court of an error in your interpretation?

(29) Can you explain the difference between simultaneous and consecutive interpretation? (30) What issues significantly affect your interpreting in court? (31) Have you submitted to the Administrative Office of the Courts a completed information form, a statement swearing or affirming compliance with the Maryland Code of Conduct for Court Interpreters and a statement subscribing to the Interpreter's Oath? (32) Have you, in a state or federal court of record, a pending criminal charge or criminal conviction on a charge punishable by a fine of more than $ 500 or imprisonment for more than 6 months and not pardoned or expunged? (33) Are you a potential witness in this case? (34) Do you have any other potential conflicts of interests that you have not yet mentioned to the Court? (35) Are you ready to take the oath for interpreters? Explanation of Responses to Voir Dire Questions for Interpreters*: * Adapted from William Mitchell School of Law, Legal Interpreting Workshop, 1981, conducted by Anna Witter-Merithew and Jill Hartman. Revised in 1986 by the authors. Revised in 1994 by the Maryland Judicial Conference's Task Force on Interpreters. Revised in May, 1997 by the Advisory Committee on Interpreters' Subcommittee on Court Interpreter Fees, Qualification Standards and usage. The following is an explanation or suggested responses to the voir dire questions used to determine the qualifications of interpreters working in Maryland courts. In some instances, the appropriateness of the response will depend on whether a sign or spoken language interpreter is being questioned. (1) State your full name and address. No explanation needed. (2) Where are you employed currently? The Court needs to determine whether there is any potential conflict due to full- or part-time employment of an interpreter or assignments as an independent contractor. For example, some police forces employ bilingual officers who freelance as interpreters. The Court may need to evaluate whether a conflict arises from that employment in, e.g., a vehicle tort case. Interpreters may be self employed, "freelance" interpreters, may work through interpreter service agencies, or do both. In certain localities, such as Frederick or Columbia, a number of certified interpreters work full-time at the schools for the deaf and freelance on a part-time basis.

(3) How long have you known [sign/spoken] language? Research indicates that it takes between 6 to 10 years of language study before an individual has the language skills necessary to learn the interpreting process in his or her second language. An interpreter may indicate that the signed or spoken language is his or her first language. (4) Where did you learn [sign/spoken language]? The answer to this question reinforces the answer to question 3, indicating whether the language was learned in the home in which the interpreter was raised, in school, or in some combination of these or other settings. A mix of formal and informal language training is an asset. For a second language, 6 to 10 years' use should be expected. (5) Can you communicate fluently in [sign/spoken language]? The answer to this question should be "yes". On occasion, a deaf person will use a language other than American Sign Language (ASL) such as French Sign Language, and an interpreter may be available in that language. Thus, if the Court inquires about ASL specifically, the answer may be "No, I do not use American Sign Language; however, the individual for whom I am to interpret uses French Sign Language, which I do use." (6) What is your educational background? Formal education may vary dramatically among interpreters, depending on their cultural heritage, but the Court should realize the complexity of interpreting. For this reason, the Court is urged not to accept an interpreter on the basis of a voir dire examination unless the interpreter has at least a high school education or its cultural equivalent. (7) What formal interpreter training have you undertaken? The advent of formal postsecondary programs for interpreters is relatively recent, but the number of programs are growing in recognition that interpreter training differs from general, noninterpreting language training. Such programs for sign language interpreting degree programs have been offered since the 1970's, usually at a 2-year associate of arts level. About 10, 4-year interpreting programs exist throughout the country and, within the vicinity of Maryland, 2 master's degree interpreting programs are available. Additionally or in the alternative, the interpreter may have less formal training such as completion of workshops through professional organizations. An individual with no formal interpreter training should be questioned to document non-formal training. (8) What formal legal interpreter training have you undertaken?

Resources for formal training in legal interpreting have not stabilized. Over the past 10 years, intensive programs have been offered through California State University/Northridge (6 weeks), Advancement Seminars Inc. (3 weeks), Haury Institute for Court Interpreting (3 weeks), and Montclair State University (3 weeks). Less intensive courses include those of the Galluadet University School of Professional and Sign Language Studies Department (4 days), Potomac Chapter of the Registry of Interpreters for the Deaf (4 days), and the Bicultural Center formerly of Riverdale, Maryland (2 days). (9) What knowledge and skill areas did you study? Interpreters who have had legal training have studied the vocabulary of the law and the manner in which language is used in the courtroom. In addition, these interpreters have spent considerable time interpreting legal texts. The interpreter training programs for legal interpreting include course work on courtroom protocol and legal interpreting ethics. Interpreters also should have successfully participated in supervised fieldwork prior to completing the program. Each of these subject areas is extensive and a competent interpreter should be able to explain each thoroughly. Sign language interpreters also study how deaf people use American Sign Language to discuss legal topics. (10) Have you attended the Maryland Judiciary's Orientation Workshop for Court Interpreters? The answer should be "yes", as this is required under the Administrative Order issued on December 7, 1995. This workshop includes components on legal terminology, ethics, and skills but is merely a 2-day overview and not an intensive course. (11) Are you certified? By whom? What is your certification called? The answer to the first of these questions preferably is "yes", but the Court should be aware that "certified" often is used loosely. Refer to the next answer for an explanation of the various types of certification credentials. For a sign language interpreter, certification is offered throughout the United States by the Registry of Interpreters for the Deaf, Inc. (RID), which has several types of certificates. Additionally, the National Association of the Deaf (NAD), the Mid-Atlantic Quality Assurance Test developed by the Kansas Commission for the Hearing Impaired in cooperation with the Johnson County Community College, and some states also establish levels that some courts use in determining competency in sign language interpretation and that may denote an interpreter as "certified". As these categories are not in general use in this area at this time, however, the following discussion describes RID certification. As the RID certification process is in transition, you may wish to contact its FAX on Demand number (800-711-3691) for a document entitled "Explanation of Certificates". After a lapse of almost 10 years, RID has renewed testing for skills and specialized knowledge of legal settings and terminology, as evidenced by a Specialist Certificate: Legal (SCRID previously

issued Specialist Certificate: Legal (SCbut discontinued doing so when the reliability of the testing procedures were questioned. Various training programs were instituted, leading to the Provisional Specialist Certificate: Legal (Prov. SCfor intensive training and testing, the Conditional Legal Interpreting Permit (CLIP) and Conditional Legal Interpreting Permit-Relay (CLIP-R) certificates for training followed by a supervision component. A revamped SCexamination has been developed. SCProv. and CLIP holders must take and pass the new examination to retain specialized certification in legal settings. CLIP-R certificates will remain valid until RID develops an appropriate examination. Other current RID certificates are: the Certificate of Interpretation (CI), which is indicative of a demonstrated ability to interpret between American Sign Language and spoken English, both in sign-to-voice and voice-to-sign; the Certificate of Transliteration (CT), which denotes a demonstrated ability to transliterate between an English-based sign language (traditionally, but inaccurately, termed Signed English, Pidgin Sign Language, Ameslan or otherwise) and spoken English, both in sign-to-voice and voice-to-sign; the combined Certificate of Interpretation and Certificate of Translation (CI and CT); the Oral Transliteration Certificate (OTC), which denotes a demonstrated ability to transliterate a spoken message from a hearing person to, and to understand and repeat the message and intent of the speech and mouth movements of, a deaf or hard of hearing person; the Certified Deaf Interpreter (CDI), which denotes testing of a deaf or hard of hearing person with at least 1 year's work experience and 16 hours of training in interpreting; and the Certified Deaf Interpreter-Provisional (CDI-P), which is awarded for partial completion of CDI testing. RID certificates that no longer are issued, but may remain valid so long as RID continuing education requirements are met, include: the Master Comprehensive Skills Certificate (MCSC), which denotes testing both of American Sign Language (ASL) and other varieties of sign language that do not conform to ASL grammar; the Comprehensive Skills Certificate (CSC), which denotes the same testing as the MCSC, at a lower level but comparable to the current, combined CI and CT; the Interpretation Certificate/Transliteration Certificate (IC/TC); the Interpretation Certificate (IC) and the Transliteration Certificate (TC), which were awarded to persons not scoring sufficiently high marks for the full CSC and, for holders who are deaf interpreters, is being replaced by the CDI and the CDI-P certificates; the Reverse Skills Certificate (RSC), which also was awarded to persons not scoring sufficiently high marks; the Oral Interpreting Certificate: Comprehensive (OICthe Oral Interpreting Certificate: Spoken to Visible (OICand the Oral Interpreting Certificate: Visible to Spoken (OICbeing phased out by the OIC; and the Specialist Certificate: Performing Arts (SC Due to the limitations on the availability of these tests for deaf interpreters and the unique need for these interpreters for some assignments, some deaf interpreters may have extensive experience without certification. However, this situation should change with renewed RID testing. Similarly, for spoken language interpreters, a number of forms of recognition exist, which are informally or formally denoted as certification. For purposes of court interpretation, however, an interpreter should be listed in the Maryland Administrative Office of the Courts' Registry of Court Interpreters as certified, because Maryland certification standards require, in addition to passing an

examination of the United States Administrative Office of the Courts or State Court Interpreter Certification Consortium, attendance at a Maryland orientation workshop and, if practicable, a background check. (12) Please explain the certification process? RID certification involves written testing of knowledge as to the ethics of interpreting, the history of interpreting, the culture of deaf people, the protocol of the interpreting process and the business of interpreting, followed by an interpretation skills evaluation, and/or transliteration evaluation. This process is not directed at interpretation in a legal setting, which is evaluated by written and practical test for the specialist certificate. (13) Have you spent time in a country where the spoken language is used? This question is intended to elicit information about time that afforded intensive exposure to, and use of, the spoken language. (14) Are you active in any professional organization? The answer to this question should be "yes". See question 15. (15) What do "RID" and "NAJIT" mean? "RID" is the acronym for The Registry of Interpreters for the Deaf, Inc., a professional membership organization formed in 1964, and certifying sign language interpreters. "NAJIT" is the National Association of Judiciary Interpreters and Translators. (16) How many times have you interpreted in court and in what kinds of situations have you interpreted? While usage of interpreters in court seems to be growing for every language, it still will be a rarity to encounter an interpreter with hundred hours of court interpreting experience even in the most frequently used languages. Furthermore, experience may run the gamut of court proceedings and is not a guarantee of quality skills. Consequently, the Court needs to elicit whether an interpreter has professional experience and evaluate that experience in light of the interpreter's education and testing and the particular court assignment. (17) Have you met (the person for whom interpreter services are to be provided)? The answer should be "yes", for two reasons. First, an interpreter needs to establish his or her ability to communicate with the person and to identify any potential communication barriers deriving from the person's unique language patterns.

Second, the Code of Conduct for Court Interpreters requires an interpreter to disclose prior contact with the person, in order to have the Court determine whether there is or may appear to be a conflict of interest. The deaf community and various linguistic groups, and their respective pools of interpreters, can be very limited in number, and meeting with the person may remind the interpreter of an earlier contact. (18) Were you able to establish communication? The answer should be "yes", or the interpreter cannot fulfill the function of the job. For example, a deaf person who uses an idiosyncratic variation of sign language may require that a deaf and hearing interpreter be used as a team. Deaf people with limited English or American Sign Language skills often benefit from this type of arrangement. Communication must not only be established but maintained, and the interpreter should bring to the attention of the Court any difficulty in communicating that subsequently arises, as soon as the difficulty becomes apparent to the interpreter. Furthermore, the interpreter should suggest that the Court check on a continuous basis with the individual for whom interpreter services are being provided, to monitor whether communication is maintained. (19) How could you determine that you were being understood and that communication was established? During the initial meeting between an interpreter and an individual with limited English proficiency, the interpreter should ask open-ended questions about neutral topics unrelated to the case, such as the individual's life, current events, or the community, to determine whether the interpreter and individual understand one another. "Yes" or "no" questions do not suffice. A perceived problem should be explored by asking the individual to rephrase his or her questions. If the individual answers appropriately, the interpreter is assured that communication has been established. (20) What language does the person use? The Court needs to establish on the record which language or combination of the 5,000 plus extant languages is being used. For example, a deaf person may be monolingual-American Sign Language, monolingual-English, monolingual-other signed language, or bilingual American Sign Language and English. Most deaf persons are somewhat bilingual by virtue of the fact that they live in an English speaking environment; however, most are not equally fluent in both languages. The majority of deaf Americans are described accurately as "American Sign Language dominant bilingual." (21) How did you determine the language used? The answer of a sign language interpreter should discuss the linguistic features that would indicate whether the person uses American Sign Language (ASL). For example, an ASL user would use a

subject-object-verb or object-subject-verb sentence structure; time and tense markers would be at or near the beginning of the utterances; adverbs and other grammar would take place on the face and not in separate signs; complex features, such as sentence structure that incorporates topiccomment eyebrow markers, would be used; rhetorical question eyebrow markers would be employed; relative clause eyebrow and head-tilt markers would be used; verbs would incorporate pronouns; and pronouns would be performed by eye-gaze and not by signs. (22) How long did it take you to determine the language used? The answer will vary. If no communication difficulties arise, a reasonable time allows the interpreter and individual for whom interpreter services are to be provided to become comfortable communicating. It can, however, take a considerable amount of time, so that the interpreter and individual should be allowed to decide, within limits, the amount of time they need. The crucial point is to allow enough time for the interpreter and individual, as well as the Court and attorneys, to feel comfortable that communication is effective. (23) In your opinion, is the deaf person American Sign Language-English bilingual? The answer will vary, depending on the deaf person. The question is intended to determine the interpreter's grasp of bilingualism. (24) Please explain the difference between interpreting and transliterating. Between interpreting and translation. Interpretation involves working between two formal languagestransmitting a message from a source language into an appropriate equivalent message in a target language. Interpreting requires rearrangement of the syntax of both languages in order to convey the message faithfully. Transliterating involves changing the form of a single language. Thus, an interpreter might listen to spoken English or watch a variation of sign language that approximates English and convey the message in either a signed or spoken form. Transliterating does not necessarily involve fluency in American Sign Language. Approximately 30% of deaf Americans can be accommodated satisfactorily with a transliteration. Translation involves transmitting a message from written form to written form between languages. Sight translation is a hybrid of interpretation and translation, whereby an interpreter translates a written document into a spoken or signed rendition. (25) Can you define "minimal language skills"? "Minimal language skills" refers to an absence of, or limitation on, language skills due to limited education and/or minimal exposure to a community of language users. By virtue of isolation, an individual may lack fluency in a formal language system such as American Sign Language. If the Court encounters such an individual, a linguistic evaluation should be performed to determine the

best method of interpretation for that individual. (26) Is it possible to sign in American Sign Language at the same time you are speaking in English? No. American Sign Language and English differ significantly in syntax, making it no more possible to use American Sign Language and speak English at the same time than to use two spoken languages simultaneously. The question derives from the common experience of people who do in fact sign and speak at the same time in what is called "simultaneous communication", a practice of speaking English while attempting to sign in a language that approximates English. As 70% of deaf Americans use American Sign Language and simultaneous communication supposedly is a form of English, most deaf persons cannot rely on simultaneous communication as an effective means of courtroom interpretation. (27) Will the interpretation you provide today be verbatim? The answer should be "no". Some interpreters will answer "yes" and assume that the Court's intention is to determine whether, as required by the Code of Conduct for Court Interpreters, they will interpret the message accurately while retaining the nuances of the language. However, the assumption may not be clear to counsel or other persons interested in the role of the interpreter. Verbatim means "word-for-word", which is impossible in interpreting since it would necessitate a disregard for grammar and other features unique to a language. The interpreter's task is to convey the source message in the target language appropriately. A proper interpretation will retain the mood, tone, nuances, and meaning of the speaker to the extent that the target language has an appropriate equivalent. (28) What process would you use to inform the Court of an error in your interpretation? An interpreter has an ethical duty to inform the Court of an error of substance made in interpretation, and the interpreter should construe "substance" broadly. On the other hand, an interpreter should not continually interrupt the proceedings to refine the interpretation. Furthermore, the Court should be notified as soon as possible with the least disruption of the proceedings. If the interpreter realizes an error while still interpreting, the proper manner to inform the Court is to speak in the third person and state something like, "The interpreter erred in conveying the last question, may Counsel please repeat?" or "The interpreter has erred in interpreting the last response, the correct interpretation is ...." Otherwise, the interpreter should apprise the Court by note, during the next break or in some other, unobtrusive manner. A second interpreter who realizes an error may apprise the first interpreter. Should the first interpreter refuse to correct a substantive error, the second interpreter has an ethical obligation to do so.

(29) Can you explain the difference between simultaneous and consecutive interpretation? Simultaneous interpretation occurs when continuous spoken text is interpreted while the speaker or signer convey their message. Notwithstanding the word "simultaneous", the interpreter may allow a lag time of up to two or three sentences, in order to comprehend the message to be interpreted. The Nuremberg trials were the first notable example of the use of simultaneous interpretation in court and involved the entire proceedings, but now simultaneous interpretation is used most often during opening and closing statements, jury instructions or other relatively uninterrupted segments of spoken text. As explained below, it should not be used during questioning of a witness. In consecutive interpreting, an interpreter listens or watches an entire message before beginning to convey the interpretation. Accordingly, consecutive interpreting can be more accurate, by obviating the need to guess at the entire message and allowing time to refine the interpretation after the pressure of continued spoken or signed text is removed. Accordingly, it should always be used during examination of a witness. (30) What issues significantly affect your interpreting in court? Interpreters may view these issues as too numerous to list, but among the obstacles are: the interpreter's lack of familiarity with legal terminology, process, protocol, and ethics specifically relating to court interpretation; the Court's, counsels' or parties' lack of understanding of the role of the interpreter; positioning in the room; and the speed of the spoken text. (31) Have you submitted to the Administrative Office of the Courts a completed information form, a statement swearing or affirming compliance with the Maryland Code of Conduct for Court Interpreters and a statement subscribing to the Interpreter's Oath? The answer to this question should be "yes" as to the information form, as this is required under the Administrative Order dated December 7, 1995. The remaining documents will be required should the Subcommittee report be adopted. (32) Have you, in a state or federal court of record, a pending criminal charge or criminal conviction on a charge punishable by a fine of more than $ 500 or imprisonment for more than 6 months and not pardoned or expunged? The answer should be "no". This is the standard for juror qualification, although Courts Article 8-204 as to disclosures by prospective jurors contains an exclusion for traffic offenses. (33) Are you a potential witness in this case? The answer should be "no". (34) Do you have any other potential conflicts of interests that you have not yet mentioned to the Court?

In addition to conflicts that may stem from the interpreter's employment or a prior relationship with the individual for whom he or she would be interpreting, the interpreter may raise issues of financial interest in the proceedings or other actual or potential conflicts. (35) Are you ready to take the oath for interpreters? This question presents the prospective interpreter with a final opportunity to raise with the Court any points of concern about undertaking the role of court interpreter in this particular case, and the Court should note any hesitancy that may indicate unresolved issues that could disrupt the proceedings if the interpreter later must be replaced. MARYLAND RULES APPENDIX: TABLES OF COMPARABLE RULES Md. Rule Appendix (2012) APPENDIX: TABLES OF COMPARABLE RULES TABLE I -- 1984 Revision (Table II -- 1997 Revision follows) This Table Shows Those Former Maryland Rules of Procedure and Maryland District Rules Rescinded Effective July 1, 1984, From Which Corresponding Maryland Rules in Title 1 Through Title 4 Have Been Derived

RESCINDED RULE CJ 7-201 1f 1g 1 h, i 2b 2c 3 3a 3d 5a 5c 5e

REVISED RULE 1-325 1-102 1-201 (c) 1-201 (b) 1-201 (e) 1-201 (d) 1-312 (a) 1-331 1-103 1-202 (a) 1-202 (b), 1-303, 1-304 1-202 (e)

5f 5g 5h 5m 5n 5o 5q 5r 5v 5w 5y 5z 5 aa 5 cc 5 ee 5 ff 8a 8b 18 (b) 21 103 b 103 c 103 e 103 f 103 g 103 j 104 a 104 a (2) 104 a (4) 104 b 104 b 1 104 b 1 (i), (ii) 104 b 2 104 c 104 h 1 104 h 2 104 h 3 (c) 104 i 105 a 105 b 105 b 1 (a) 105 b 2 106 b, c 106 e 1, 2 106 e 3 107 a 1

1-202 (f) 1-202 (g) 1-202 (h) 1-202 (j) 1-202 (l) 1-202 (m) 1-202 (p) 1-202 (k) 1-202 (o) 1-202 (r) 1-202 (s) 1-202 (t) 1-202 (d) 1-202 (v) 1-202 (w) 1-202 (y) 1-203 (a) 1-203 (b) 2-522 (a) 1-303 2-111 (b) 2-112 (a) 2-112 (a) 2-114 2-111 (a) 2-112 (b), 3-112 (b) 2-510 (d) 2-126 (f) 2-645 (d) 2-510 (d) 2-121 (a), 2-123 (a) 2-124 (a) 2-121 (a), 2-126 (a) 2-125 2-121 (b) 2-123 (a) 2-126 (g) 2-121 (d) 2-121 (a) 2-122 (a) 2-126 (b), 3-126 (b) 2-122 (b), 2-126 (b), 3-126 (b) 2-124 (c) 2-124 (c) 2-321 (b) (3) 2-121 (a)

107 a 2 107 a 3 107 a 4 107 b 107 c 108 a 108 b 108 d 111 a 114 a, b 114 d 115 a 115 b 116 a 116 b 116 c 1, 2 116 c 3 117 a, b 119 124 125 a 125 c 2 125 d 125 e 140 a 170 a 203 a-c 205 c, d 205 e 1, 2 208 b 1 208 b 2 208 c 209 a 209 d 220 220 c-e 220 f 222 240 301 b 301 c 301 d 301 e 301 f 301 g 301 h

2-121 (a), 2-126 (a) 2-121 (b) 2-121 (a) 2-321 (b) (1), (5) 2-121 (d) 2-124 (f), 3-124 (f) 2-124 (g), 3-124 (g) 2-321 (b) (4) 2-122 (a) 2-510 (c) 2-510 (h) 2-510 (c) 2-510 (e) 2-123 (a), (b) 2-510 (d) 2-126 (a) 2-126 (g) 2-123 (c) 2-124 (b) 2-131, 3-131 2-132 (b) 2-132 (b) 2-132 (c) 2-132 (d) 2-101 2-101 2-201 2-202 (b) 2-202 (c) 2-214 (b) (1) 2-214 (b) (2) 2-214 (c) 2-231 (a) 2-231 (h) 2-241 (a) 2-241 (b) 2-241 (d) 2-241 (a), 3-241 (a) 2-241 (a) 2-303 (b), (d), 3-303 (d) 2-304 (c), 2-305 2-303 (c), 3-303 (c) 1-301 (a) 1-311 (a) 1-313 1-301 (a)

301 j 301 k 301 l 302 a 302 b 302 c 1 302 c 2, 3 303 a 306 a 1 306 a 2 306 b 306 c 306 d 307 a 2 307 c (4) 309 311 a 312 b 313 a 313 c-e 314 a 1, 2 314 b 314 c 314 d 2 314 d 3 315 a 315 b 315 c 1, 2 315 d 315 d 1 315 f 1, 2 317 319 320 320 a 2-4 320 b 1 320 d 5 321 a 321 b 321 d 322 323 a 1-4 323 a 5 323 b 340 a

2-322 (e) 1-301 (f) 1-302 1-311 (a) 1-311 (b) 1-312 (b) 1-312 (a) 1-301 (f) 1-321 (a) 1-323 1-321 (b) 1-321 (a) 1-323 2-321 (b) (2) 2-321 (b) (1) 1-204 (a) 2-323 (f) 2-323 (e) 2-212 (a), 2-303 (c), 3-212 (a), 3-303 (c) 2-212 (a), 3-212 (a) 2-331 (a) 2-331 (b) 2-331 (c), 3-331 (c) 2-331 (d) 2-331 (c), 3-331 (c) 2-332 (a) 2-332 (e) 2-332 (b) 2-332 (c), 3-332 (c) 2-332 (b) 2-332 (d), 3-332 (d) 2-327 (b) 2-311 (c) 2-341 (a), 3-341 (a) 2-341 (c), 3-341 (c) 2-341 (c), 3-341 (c) 2-341 (c), 3-341 (c) 2-311 (a) 2-311 (d) 2-311 (e) 2-322 (e) 2-322 (a) 2-323 (f) 2-322 (a), 2-324 (a) 2-305

342 b 1, 2 342 c 1, 2 343 a 343 d 343 e 370 a 3 372 a 2 372 b 372 b 1 379 400 c 400 d 400 e 400 f 401 402 403 a 403 b 403 c 403 d 404 405 a 1 405 a 2 (a) 405 a 2 (b) 405 b 1, 2 406 a 407 a 408 409 a 409 b 409 c 409 c 2 410 410 c 411 a 411 b 1, 2 411 b 3 411 b 4 411 b 5 412 a 412 b 412 c 1, 2 412 c 3 412 d 412 e 413

2-323 (d) 2-323 (f), (g) 2-325 (a) 2-325 (d) 2-325 (f) 2-305 2-323 (c) 2-323 (e) 2-323 (e) 2-341 (c), 3-341 (c) 2-402 (a) 2-402 (c) 2-402 (d), 2-432 (c) 2-402 (c) (1) 2-411 2-404 (a) (1) 2-414 (a) 2-414 (b) 2-414 (c) 2-414 (d) 2-401 (e) 2-412 (a) 2-412 (a) 2-412 (d), 2-510 (c) 2-417 (a) 2-403 (a) 3-510 (a) 2-413 2-415 (b) 2-417 (b) 2-415 (a) 2-415 (g), 2-416 (g) 2-416 (a)-(f), (h), (i) 2-412 (b) 2-415 (d) 2-415 (e) 2-415 (c) 2-415 (f) 2-415 (e) 2-412 (e) 2-414 (e) 2-415 (g) 2-417 (c) 2-415 (i) 2-415 (d), (i) 2-419

413 a 5 413 c 414 417 a 1, 2 417 a 3 417 b 1, 2 417 c 1 417 d 417 f 419 420 421 a 421 b 1, 2 421 c 421 d 421 e 421 f 422 a 1 422 a 2 422 a 3, 4 422 a 5-7 422 b 422 c 1 422 c 2 422 c 3 422 d 501 a 501 b 502 503 504 a-c 515 a 517 521 522 a 522 b, c 522 d 526 527 a 1 527 b 527 c 1-4 527 e 528 530 536 541 b

2-401 (d) 2-416 (g) 2-434 2-421 (a) 2-401 (c) 2-421 (b) 2-432 (d) 2-421 (d) 2-421 (c) 2-422 2-423 2-424 (a) 2-424 (b) 2-424 (d) 2-424 (c) 2-424 (e) 2-424 (d) 2-432 (e) 2-415 (h), 2-432 (b) 2-432 (b) 2-433 (c) 2-433 (b) 2-432 (a), 2-433 (a) 2-433 (a) 2-432 (a) 2-431 2-503 (b) 2-212 (b) 2-502 2-503 (a) 2-504 2-327 (a) 2-511 (d) 2-514, 3-514 2-517 (d), 3-517 (d) 2-517 (c), 3-517 (c) 2-517 (a), 3-517 (a) 2-508 (b) 2-508 (a) 2-508 (d), 3-508 (c) 2-508 (c) 2-508 (e), 3-508 (d) 2-536, 3-536 2-507 2-513 (a), 3-513 (a) 2-506 (b), 3-506 (b), (d)

541 c 541 d 542 a 1, 2 542 c 1 542 c 4 542 d 1 542 g 542 i 543 a 3, 4 543 a 8 543 d 544 545 548 550 a 550 d 554 a 554 b 1 554 b 2 554 d 558 a, b 558 d 560 561 563 a 563 a 2 563 a 3 563 a 4 563 b 563 b 3 563 c 567 b 567 c 567 e 580 a, b 580 c 580 d 580 g 1 580 l 1, 2 580 m 1 580 n 580 q 582 b 595 a 595 d 595 e

2-506 (c) 2-506 (d), 3-506 (e) 2-505 (a) 2-505 (b) 2-505 (b) 2-505 (c) 2-505 (d) 2-505 (e) 2-512 (h) 2-511 (c) 2-512 (d) 2-511 (b) 2-325 (e) 2-509 2-515 (b) 2-515 (c) 2-520 (b) 2-520 (c) 2-520 (d) 2-520 (e) 2-521 (a) 2-521 (a) 2-522 (c) 2-503 (a) 2-532 (a) 2-532 (b) 2-532 (c) 2-532 (d) 2-532 (e) 2-533 (c) 2-532 (f) 2-533 (b) 2-533 (c) 2-533 (d) 2-542 (a) 2-542 (c) 2-542 (d) (1) 2-542 (d) (5) 2-542 (d) (3) 2-542 (f) 2-542 (f) 2-542 (i) 2-506 (d), 3-506 (e) 2-543 (c) 2-543 (d) (1) 2-543 (c)

595 h 596 b 596 c 596 d 596 e 596 e 1 596 e 2 596 f 596 g 596 h 1, 2 596 h 3 596 h 3 (c), (d) 596 h 4 596 h 5, 6 596 h 7 596 h 8 596 i 604 a 604 b 604 c 605 a 605 b 605 d 606 607 610 a 1 610 a 3 610 b 610 d 1 610 d 2 610 d 4 619 a 620 a 622 e 622 h 1 622 h 2 622 h 3 625 a 625 b 627 628 b 635 b 645 645 a 645 c 645 d

2-543 (h) 2-541 (a), 2-542 (a), 2-543 (a) 2-541 (b) 2-541 (d), 2-542 (c), 2-543 (c) 2-541 (e) 2-542 (d) (2), 2-543 (d) (2) 2-543 (d) (3) 2-541 (f) 2-541 (g) 2-541 (h), 2-543 (f) 2-541 (h) 2-543 (f) 2-541 (h), 2-543 (f) 2-541 (i), 2-543 (g) 2-541 (h) 2-541 (j), 2-542 (i), 2-543 (h) 2-541 (j) 2-603 (a), (b) 1-341 2-603 (d), 3-603 (c) 2-602 2-615, 3-615 2-614 2-503 (a) 2-632 (c) 2-501 (a) 2-501 (a) 2-501 (c) 2-501 (e) 2-501 (d) 2-501 (f) 2-623 2-621 (a) 2-641 (a) 2-641 (b) 2-126 (f), 2-642 (e) 2-641 (b) 2-535 (a), (b) 2-535 (c) 2-633 (a) 2-633 (b) 2-516, 3-516 2-115 (d) 2-611 (a) 2-611 (c) 2-611 (d)

659 681 685 a 701 702 a 702 b 702 c 702 d 702 e 702 f 702 g 702 h 710 a 710 e 711 a 711 b 711 c 711 d, e 712 a 712 b 713 a 713 c 720 a 720 b 720 c 720 d, e 720 f 721 a 721 b 721 c 721 d 721 e 721 f 721 g 722 723 723 a 723 b 1-3 723 b 7 723 c 1 724 725 730 731 a 731 b 1 731 b 2

2-115 (k) 2-535 (d), 3-535 (d) 2-648, 3-648 1-201 (a), (c), 4-101 4-102 (a) 4-102 (c) 4-102 (d) 4-102 (e) 4-102 (g) 4-102 (j) 4-102 (k) 4-102 (l) 4-201 (a) 4-201 (d) 4-202 (a) 4-202 (c) 4-202 (b) 4-202 (d) 4-203 (a) 4-203 (b) 4-204 4-204 4-212 (a), (b) 4-212 (c) 4-212 (d) 4-212 (e) 4-212 (f) 4-216 (a) 4-216 (d) 4-216 (e) 4-216 (f) 4-216 (h) 4-216 (i) 4-216 (j) 4-217 4-215 (b) 4-213 (c) 4-215 (a) 4-215 (a) 4-215 (a) 4-231 4-214 4-241 4-242 (a) 4-242 (b) (1) 4-242 (b) (3)

731 b 3 731 c 731 d 731 e 731 f 732 733 734 735 736 737 b 740 a 740 b 740 c 740 d 740 e 740 f 740 g 740 h 740 i 740 j 741 a 1, 2 741 a 3 741 b 741 c 741 d 741 e 1 741 e 2 741 f 741 g 742 a 742 b 742 c 742 d 742 e 743 744 745 b 745 c 746 a, b 750 a 750 b 751 a 751 b 751 c 751 d

4-242 (b) (4) 4-242 (c) 4-242 (d) 4-242 (e) 4-242 (f) 4-244 4-243 4-245 4-246 4-252 4-266 (b) 4-261 (b) 4-267 (e) 4-261 (c) 4-261 (d) 4-261 (e) 4-261 (f) 4-261 (g) 4-261 (h) 4-261 (i) 4-261 (b) 4-263 (a) 4-263 (g) 4-263 (b) 4-263 (c) 4-263 (d) 4-263 (e) 4-263 (f) 4-263 (h) 4-263 (i) 4-264 4-265 4-266 (a) 4-266 (c) 2-510 (h), 4-266 (d) 4-267 (a)-(d) 4-254 (b) 4-253 (b) 4-253 (c) 4-271 (a) 4-361 (b) 4-361 (a) 4-311 (b) 2-512 (b), 4-312 (b) 4-312 (h) 2-512 (i), 4-312 (h)

751 e 752 753 753 b 1 753 b 3 754 a 754 b 755 a 755 b 755 c 755 d 756 757 a 757 b 757 c 757 d 757 e 757 f 757 g 757 h 758 a 758 b 758 c 758 d 759 759 a 759 e 760 764 770 771 772 a 772 b 772 c 772 d 772 e 772 f 772 h 772 A 773 774 775 776 a 776 b 776 c 777

4-311 (c) 2-512 (d), 4-312 (d) 4-313 2-512 (g), 4-312 (g) 2-512 (i) 2-512 (a), 4-312 (a) 2-512 (e), 4-312 (b), (e) 4-321 (a) 2-513 (b), 3-513 (b), 4-321 (b) 4-321 (a) 2-513 (c), 3-513 (c), 4-321 (c) 4-324 4-325 (b) 4-325 (c) 2-520 (d), 4-325 (d) 4-325 (a) 4-326 (a) 4-325 (e) 4-325 (f) 4-325 (e) 4-326 (a) 2-521 (a), 4-326 (a) 2-521 (b), 4-326 (b) 2-521 (c), 4-326 (c) 4-327 2-522 (b) 2-522 (b) 4-328 4-353 4-331 4-341 4-342 (a) 4-342 (b) 4-342 (c) 4-342 (d), 4-343 (d) 4-342 (e) 4-342 (f) 4-342 (g) 4-343 (a)-(c), (e)-(g) 4-344 4-345 4-346 4-348 (a) 4-348 (c) 4-348 (b) 4-351

778 a 778 b 780 781 782 a, b 782 c, d 784 785 F6 a F6 b F6 c F6 d F6 e F6 f F6 g F6 h F6 i F6 j F6 k G40 a, b G40 b 4 G43 G44 G45 G49 a G51 G52 a, b G56 G59 G60 H1 H2 a H2 b 1, 2 H3 a 2 H3 b H4 a, b H5 H6 a H6 b H6 c 1, 2 H7 a, b H8 U12 b U18 a U18 b U18 c-e

4-347 4-348 (c) 4-601 4-611 4-247 4-248 4-621 4-631 2-646 (a) 2-646 (c) 2-645 (d), 2-646 (d) 2-646 (e) 2-646 (g) 2-646 (f) 2-646 (h) 2-646 (i) 2-646 (k) 2-646 (j) 2-646 (e) 2-115 (a) 2-641 (a) 2-115 (b) 2-115 (c) 2-115 (d) 2-641 (a), 2-642 (a), (b) 2-115 (g), 2-643 (b), (c) 2-645 (e) 2-645 (h) 2-115 (k) 2-115 (i) 1-401 1-402 (a), (f) 1-402 (b) 1-402 (e) 1-402 (e) 1-402 (d) 1-406 1-403 (a) 1-403 (b) 1-403 (a), (b) 1-402 (c) 1-405 2-402 (e) (2) 2-515 (a) 2-515 (c) 2-515 (a)

BK40 BK41 a BK41 c BK41 d BK41 e BK43 a BK43 b BK44 c BK44 d BK44 e BK45 a BK45 b BK45 c BK45 d BK46 BU70 BU72 BU73 BU74 EX1 EX2 EX3 a EX3 b EX3 c EX3 c 1, 2 EX4 EX5 EX6 EX7 EX8 EX9 EX10 EX11 1219 M.D.R. 1 b M.D.R. 100 M.D.R. 101 a M.D.R. 102 M.D.R. 103 b M.D.R. 103 c M.D.R. 103 d 2 M.D.R. 103 e M.D.R. 103 f M.D.R. 103 g M.D.R. 103 h M.D.R. 104 a

4-401 4-402 (a) 4-402 (b) 4-402 (c) 4-403 4-404 4-404, 4-405 4-406 (b) 4-406 (c) 4-406 (d) 4-407 (b) 4-407 (a) 4-407 (d) 4-407 (c) 4-408 2-221 (a) 2-221 (b) 2-221 (c) 2-221 (d) 4-502 4-501 4-503 4-504 4-504 4-503 4-505 4-506 4-507 4-508 4-509 4-510 4-511 4-512 1-324 3-711 3-101 3-102 (a) 1-325 3-111 (b) 3-112 (a) 3-126 (d) 3-102 (b), 3-112 (a) 3-114 3-102 (c) 3-111 (a) 3-510 (d)

M.D.R. 104 a (ii) M.D.R. 104 a (iii) M.D.R. 104 b M.D.R. 104 b 1 M.D.R. 104 b 1 (i), (ii) M.D.R. 104 b 2 M.D.R. 104 c M.D.R. 104 h 1 M.D.R. 104 h 2 M.D.R. 104 h 3 (a) M.D.R. 104 h 3 (c) M.D.R. 104 i M.D.R. 106 b, c M.D.R. 106 e 1, 2 M.D.R. 106 f M.D.R. 107 a 1 M.D.R. 107 a 2 M.D.R. 107 a 3 M.D.R. 107 b M.D.R. 114 a, b M.D.R. 114 d M.D.R. 115 a M.D.R. 115 b M.D.R. 116 a M.D.R. 116 b M.D.R. 116 c 1, 2 M.D.R. 116 c 3 M.D.R. 117 a, b M.D.R. 119 M.D.R. 125 a M.D.R. 125 b M.D.R. 203 M.D.R. 205 c, d M.D.R. 205 e M.D.R. 208 b 1 M.D.R. 208 b 2 M.D.R. 208 c M.D.R. 220 M.D.R. 220 b-d M.D.R. 220 e M.D.R. 240 M.D.R. 300 b M.D.R. 301 a M.D.R. 301 a (i) M.D.R. 301 a (ii) M.D.R. 302

3-126 (f) 3-645 (d) 3-510 (d) 3-121 (a), 3-123 (a) 3-124 (a) 3-121 (a), 3-126 (a) 3-125 3-121 (b) 3-123 (a) 3-126 (a) 3-126 (g) 3-121 (d) 3-124 (c) 3-124 (c) 3-124 (h) 3-121 (a) 3-121 (a), 3-126 (a) 3-121 (b) 3-121 (d) 3-510 (c) 3-510 (h) 3-510 (c) 3-510 (e) 3-123 (a), (b) 3-510 (d) 3-126 (a) 3-126 (g) 3-123 (c) 3-124 (b) 3-132 (a), (b) 3-132 (c) 3-201 3-202 (b) 3-202 (c) 3-214 (b) (1) 3-214 (b) (2) 3-214 (c) 3-241 (a) 3-241 (b) 3-241 (d) 3-241 (a) 3-303 (a) 3-303 (b) 3-304 3-305 3-307

M.D.R. 302 a M.D.R. 314 a M.D.R. 314 b M.D.R. 314 c M.D.R. 314 g M.D.R. 314 h M.D.R. 315 a M.D.R. 315 b M.D.R. 317 M.D.R. 321 a M.D.R. 321 b M.D.R. 321 d M.D.R. 343 a M.D.R. 343 b, c M.D.R. 343 d M.D.R. 401 a M.D.R. 401 b M.D.R. 402 M.D.R. 405 M.D.R. 417 a M.D.R. 417 b M.D.R. 417 c M.D.R. 417 d M.D.R. 417 e M.D.R. 417 e 4 M.D.R. 417 f M.D.R. 417 g M.D.R. 501 M.D.R. 504 M.D.R. 526 M.D.R. 527 M.D.R. 530 M.D.R. 541 b M.D.R. 542 M.D.R. 564 c M.D.R. 567 b M.D.R. 567 c M.D.R. 567 d M.D.R. 568 M.D.R. 604 M.D.R. 605 a M.D.R. 605 b M.D.R. 605 d M.D.R. 610 a M.D.R. 610 b, c M.D.R. 610 d

3-308, 3-332 (b) 3-331 (a) 3-331 (b) 3-331 (d) 3-331 (e) 3-331 (f) 3-332 (a), (e) 3-332 (a) 3-326 3-311 (a), (b) 3-311 (d) 3-311 (c) 3-325 (b) 3-325 (a) 3-325 (c) 3-701, 3-711 3-401 3-431 3-401 3-421 (b) 3-421 (d) 3-421 (g) 3-421 (h) 3-421 (a) 3-421 (e) 3-421 (c) 3-421 (i) 3-503 3-504 3-508 (b) 3-508 (a) 3-507 3-506 (c) 3-505 3-522 3-533 (b) 3-533 (c) 3-533 (d) 3-701 3-603 (a) 3-602 3-632 (c) 3-614 3-306 (a) 3-306 (b) 3-306 (b), (d)

M.D.R. 610 e M.D.R. 619 b M.D.R. 620 a M.D.R. 620 b M.D.R. 620 c M.D.R. 621 b, c M.D.R. 622 e M.D.R. 622 h 1 M.D.R. 622 h 2 M.D.R. 622 h 3 M.D.R. 622 i M.D.R. 625 a M.D.R. 625 b M.D.R. 627 M.D.R. 628 b M.D.R. 645 a M.D.R. 645 c M.D.R. 645 d M.D.R. 645 j M.D.R. 648 M.D.R. 701 M.D.R. 702 a M.D.R. 702 c M.D.R. 702 d M.D.R. 702 e M.D.R. 702 f M.D.R. 702 g M.D.R. 702 h M.D.R. 702 i M.D.R. 702 j M.D.R. 702 l M.D.R. 702 m M.D.R. 710 a M.D.R. 710 b-d M.D.R. 710 e M.D.R. 711 a M.D.R. 711 b 1 M.D.R. 711 b 2 M.D.R. 711 c, d M.D.R. 712 M.D.R. 713 a, b M.D.R. 720 a, b M.D.R. 720 c M.D.R. 720 d M.D.R. 720 e M.D.R. 720 f

3-306 (c) 3-601 (c) 4-354 3-621 (a) 3-621 (b) 3-621 (c) 3-641 (a) 3-641 (b) 3-126 (f), 3-642 (e) 3-641 (b) 3-641 (a) 3-535 (a), (b) 3-535 (c) 3-633 (a) 3-633 (b) 3-611 (a) 3-611 (c) 3-611 (d) 3-611 (f) 3-509 4-101 4-102 (a) 4-102 (b) 4-102 (c) 4-102 (e) 4-102 (f) 4-102 (g) 4-102 (h) 4-102 (i) 4-102 (j) 4-102 (k) 4-102 (l) 4-201 (a) 4-201 (b), (c) 4-201 (d) 4-202 (a) 4-202 (c) 4-202 (b) 4-202 (d) 4-203 (a) 4-204 4-211 (b) 4-212 (a), (b) 4-212 (c) 4-212 (d) 4-212 (e)

M.D.R. 720 g M.D.R. 720 h M.D.R. 720 i M.D.R. 721 a M.D.R. 721 b M.D.R. 721 c M.D.R. 721 d M.D.R. 721 e M.D.R. 721 f M.D.R. 721 g M.D.R. 721 h M.D.R. 722 M.D.R. 723 M.D.R. 723 a M.D.R. 723 b 4 M.D.R. 724 M.D.R. 725 M.D.R. 726 d M.D.R. 727 M.D.R. 728 M.D.R. 731 a M.D.R. 731 b 1 M.D.R. 731 b 2 M.D.R. 731 c M.D.R. 731 d M.D.R. 731 e M.D.R. 732 M.D.R. 733 M.D.R. 734 M.D.R. 736 M.D.R. 737 b M.D.R. 742 a M.D.R. 742 b M.D.R. 742 c M.D.R. 742 d M.D.R. 743 M.D.R. 744 M.D.R. 745 a M.D.R. 745 b M.D.R. 745 c M.D.R. 746 M.D.R. 750 M.D.R. 751 M.D.R. 755 a M.D.R. 755 b M.D.R. 755 c

4-212 (g) 4-212 (f) 4-211 (a), 4-212 (h) 4-216 (a) 4-216 (b) 4-216 (d) 4-216 (e) 4-216 (f) 4-216 (g) 4-216 (i) 4-216 (j) 4-217 4-213 (a) 4-212 (e) 4-216 (c) 4-231 4-214 4-215 (c) 4-221 4-222 4-242 (a) 4-242 (b) (1) 4-242 (b) (4) 4-242 (c) 4-242 (d) 4-242 (f) 4-244 4-243 4-245 4-251 4-266 (b) 4-265 4-266 (a) 4-266 (c) 3-510 (h), 4-266 (d) 4-267 (a)-(d) 4-254 (a) 4-253 (a) 4-253 (b) 4-253 (c) 4-271 (b) 4-361 (a) 4-301 (a) 4-321 (a) 4-321 (b) 4-321 (a)

M.D.R. 755 d M.D.R. 756 M.D.R. 760 M.D.R. 764 M.D.R. 770 M.D.R. 771 M.D.R. 772 a M.D.R. 772 b M.D.R. 772 c M.D.R. 772 d M.D.R. 772 e M.D.R. 772 g M.D.R. 774 M.D.R. 775 M.D.R. 776 a M.D.R. 776 b M.D.R. 776 c M.D.R. 777 M.D.R. 778 a M.D.R. 778 b M.D.R. 780 M.D.R. 782 a, b M.D.R. 782 c, d M.D.R. 784 M.D.R. 785 M.D.R. F6 a M.D.R. F6 b M.D.R. F6 c M.D.R. F6 d M.D.R. F6 e M.D.R. F6 f M.D.R. F6 g Table II -- 1997 Revision

4-321 (c) 4-324 4-328 4-353 4-331 4-341 4-342 (b) 4-342 (c) 4-342 (d), 4-343 (d) 4-342 (e) 4-342 (f) 4-342 (g) 4-345 4-346 4-348 (a) 4-348 (c) 4-348 (b) 4-351 4-347 4-348 (c) 4-601 4-247 4-248 4-621 4-631 3-646 (a) 3-646 (c) 3-645 (d), 3-646 (d) 3-646 (e) 3-646 (g) 3-646 (f)

(Table I -- 1984 Revision precedes this table) This Table Shows Those Former Maryland Rules of Procedure and Maryland District Rules Rescinded Effective January 1, 1997, From Which Corresponding Maryland Rules in Title 9 Through Title 16 Have Been Derived.

RESCINDED RULE 901 902 902A 903 904 905 906 907 908 909 910 911 912 913 914 915 916 917 918 919 920 921 922 D71 D72 D73 D74 D75 D76 D77 D78(d) D79 D80 E2 E3 E4 J70 J71 J72 14-401 (c) J73

REVISED RULE 11-101 11-102 11-102A 11-103 11-104 11-105 11-106 11-107 11-108 11-109 11-110 11-111 11-112 11-113 11-114 11-115 11-116 11-117 11-118 11-119 11-120 11-121 11-122 9-101 9-103 9-102 9-105 9-106 9-107 9-109 9-108 9-111 9-103; 9-112 15-101 15-101 15-101 14-401 (b) 14-401 (a) 14-401 (d)

P1 P2 a & c P3 P4 c & d 2 P5 Q40 Q41 a Q42 R70 a R70 b R70 c R70 d R70 e R70 f R71 a R72 a & b R72 d R73 a R73 b 1 R74 R76 R77 R77 b 2 R78 b R80 c 1 S70 S71 S72 S73 S73A S74 S74A S75 S76 S77 T44 U1 U2 U4 b U5 U6 U12 b U15 U17

15-202 15-201 15-203 15-207 15-208 15-1001 (a) 15-1001 (b) 15-1001 (d) 10-103 (a) 10-103 (b) 10-103 (e) 10-103 (f) (1) 10-103 (g) 10-105 10-110, 10-201 (a), 10-301 (a) 10-201 (b), 10-207 (b), 10-208 (b), 10-210, 10-301 (b), 10-711 (b) (1), 10-712 (c) (1) 10-109 10-201 (c), 10-301 (c) 10-202 10-203, 10-302 10-106 10-205, 10-304, 10-601 10-503, 10-603 10-108 (d) 15-601 9-201 9-202 9-203 9-204 9-205 9-206 9-207 9-208 9-209 9-210 12-101 12-201 12-202 12-203 12-204 12-205 12-206 12-207 12-207

U18 U19 U21 U22 U23 U24 b U25 U26 U27 V70 b V70 c V71 V71 a & b 1 V71 c V71 d V71 f 1 & f 2 V72 V73 V74 V74 b 1 & 2 V74 b 3 V74 c 2 (b) V74 c 2 (e) V74 e 1 (a) V74 e 2 V75 a & b V75 c V75 d V76 a V76 c V77 b 1 V77 c 3 V78 V78 b 5 V79 V79 b & c V79 d V79 e V80 V81 V81 a V81 b 1 V81 c 1 V81 e V82 a

12-207 12-208 12-209 12-212 12-210 12-212 12-209 12-211 12-213 10-103 (c) 10-103 (f) (2) 10-101, 10-106, 10-601 10-501 10-201 (c), 10-501 10-502, 10-702 (b) (3) 10-108 (c) 10-505 10-702, 13-107 10-706 10-707 (a) 10-707 (b) 10-206 (a) & (b) 10-705 (d) 10-208 (a) & (c), 10-712 (a) & (d) 10-208 (e), 10-712 (g) 10-705 (a) 10-705 (b) 10-705 (c) 10-704, 10-704 (a) (1) 10-704 (a) (2) 10-703, 13-403 10-108 (b) 10-209, 10-710 10-207 (e), 10-711 (f) 10-601 10-602 10-604 10-605 10-709 13-702 10-207 (a), 10-711 (a) & (b) (2) 10-711 (c) 10-207 (c), 10-711 (d) 10-207 (f), 10-711 (i) 10-207 (a), 10-711 (a), 13-703

V82 e V84 V84 c V84 d V84 d 1 & 2 V84 e V84 f W70 a W70 b W71 W72 W72 c-e W73 W74 W74 b-g W75 a W76 W77 b W77 d W79 W79 c Y70 Y71 Y72 Y73 Y74 Y76 Y77 Y78 Y79 Z42 Z43 Z44 Z45 Z46 Z46 b Z47 Z48 Z49 Z50 Z51 Z52 Z53 Z54 Z55 Z56

10-711 (h) 13-701 10-712 (c) (2) 10-208 (a), 10-712 (a) 10-208 (b), 10-712 (b) 10-208 (c), 10-712 (d) 10-712 (f) 14-201(b) 14-201(a) 14-202 14-203 14-204 14-205 14-206 14-207 14-208 14-209 14-202(c) 14-210 14-203 14-201(a) 12-501 (a) 12-501 (a), (b) 12-501 (b) 12-501 (b) 12-501 (c) 12-501 (d) 12-501 (e) 12-501 (f) 12-501 (g) 15-302 15-303 15-303 15-305 15-306 15-309, 15-310 15-306 15-309 15-307 15-308 15-310 15-303 15-311 15-303 15-304 15-312

Z47 Z48 c-e Z51 Z52 Z53 b-g Z54 a Z55 BB70 BB71 BB72 BB73 BB74 BB75 BB76 BB77 BB78 BB79 BD1 BD2 BD3 BE40 BE41 BE43 BE44 BE45 BE46 BG70 BG71 BG72 BG73 BG74 BG75 BG76 BG77 BH70 BH71 BH72 BH73 BH74 BH75 BJ71 BJ72 BJ73 BP1 a BP1 b BP2 a & b

14-203 14-204 14-205 14-206 14-207 14-208 14-209 15-501 15-502 15-504 15-504 15-505 15-503 15-502 15-502 15-502 15-502, 15-504 12-102(b) 12-102(b) 12-102(c) 15-701 15-701 15-701 15-701 15-701 15-701 12-301 12-302 12-303 12-304 12-305 12-306 12-307 12-308 15-901 15-901 15-901 15-901 15-901 15-901 12-401 (b) 12-401 (c) 12-401 (c) 13-101 13-102 13-203

BP3 a, b & d BP3 a & c BP4 a 1 BP4 a 2 BP4 b & c BP4 d BP5 BP6 a & b BP7 BP8 BP9 a, b, d-g BP9 b & c BP9 b 2 BP10 BP10 b BR1 BR2 BR3 BR4 BR5 BR6 BQ41-45 BQ49 BQ51 BQ53 BU1 BU2 BU3 BU4 BU5 BU6 BU7 BU8 BU9 BU10 BU11 BU12 BV1 BV2 BV3 BV4 BV5 BV6 BV7 BV8 BV9

13-302 13-105 13-201 13-202 13-401 13-402 13-103 13-301 13-303 13-601 13-501 13-401 13-503 13-502 13-503 14-301 14-302 14-303 14-304 14-306 14-305 12-601 12-601 12-602 12-602 16-601 16-602 16-603 16-604 16-605 16-606 16-607 16-608 16-609 16-610 16-611 16-612 16-701 16-702 16-703 16-704 16-705 16-706 16-707 16-708 16-709

BV10 BV11 BV12 BV13 BV14 BV15 BV16 BV17 BV18 BW1 a BW1 b BW2 BW3 BW4 BW5 BW6 BW7 BY2 BY3 BY4 1200 1201 1202 1203 1204 1205 1206 1207 1209 1210 1211 1211A 1212 1213 1214 1215 1216 1217 1217A 1218 1219 1220 1221 1223 1224 1224A

16-710 16-711 16-712 16-713 16-714 16-715 16-716 16-717 16-718 15-802 15-801 15-804 15-804 15-803 15-804 15-803 15-805 15-403 15-403 15-403 16-101 16-102 16-103 16-104 16-105 16-106 16-107 16-108 16-109 16-201 16-202 16-203 16-301 16-302 16-303 16-304 16-305 16-306 16-307 16-308 16-309 16-401 16-402 16-403 16-404 16-405

1224B 1225 1226 1227 1227A 1227B 1227C 1227D 1227E 1227F 1227G 1228 1230 1231 1232 1233 1234 1285 1299 M.D.R. 1214 M.D.R. 1218 M.D.R. 1224 M.D.R. 1299

16-406 16-801 16-802 16-803 16-804 16-805 16-806 16-807 16-808 16-809 16-810 16-811 16-812 16-813 16-814 16-815 16-816 16-817 16-818 16-502 16-503 16-504 16-505