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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 Rule Rescinded or transferred.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