The MD Rules

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Annotated Code of Maryland
Maryland Rules
*** State and Federal Rules are current through March 23, 2012 ***
MARYLAND DISTRICT RULES
MARYLAND DISTRICT RULES
Md. Rule (2012)
Md. Rule
Rescinded or transferred.
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
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
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
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
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
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
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
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
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.
MARYLAND RULES
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
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
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
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
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
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
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.

MARYLAND RULES
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
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
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
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,
MARYLAND RULES
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
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
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
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
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
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, 2-
510, 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
CHAPTER 400. BOND
Md. Rule 1-401 (2012)
This chapter applies to any bond filed in a civil action.
MARYLAND RULES
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
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
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.
MARYLAND RULES
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
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
CHAPTER 500. IMPEACHMENT OF WITNESSES
Md. Rule 1-501 (2012)
Rule 1-501. Who may impeach

Rescinded, effective July 1, 1994.
MARYLAND RULES
CHAPTER 500. IMPEACHMENT OF WITNESSES
Md. Rule 1-502 (2012)
Rule 1-502. Impeachment by evidence of conviction of crime
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
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 3-
110);
(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
5-1048);
(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 14-
854).
(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
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;
MARYLAND RULES
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
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
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
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
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
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
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
(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
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
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
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
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
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
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.
MARYLAND RULES
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
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.

MARYLAND RULES
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.

MARYLAND RULES
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
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.

MARYLAND RULES
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
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
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
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."

MARYLAND RULES
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.

MARYLAND RULES
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
Md. Rule 2-303 (2012)
for all purposes.
2004.)
MARYLAND RULES
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.

MARYLAND RULES
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, cross-
claim, 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
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, 2-
532, 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.
2003; Nov. 12, 2003, effective Jan. 1, 2004; June 7, 2011, effective July 1, 2011.)
MARYLAND RULES
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
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.
2001; Nov. 12, 2003, effective Jan. 1, 2004.)
MARYLAND RULES
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.
1995; Mar. 5, 2001, effective July 1 2001; Nov. 12, 2003, effective Jan. 1, 2004.)
MARYLAND RULES
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.

MARYLAND RULES
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.
Jan. 1, 2006.)
MARYLAND RULES
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
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
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,
MARYLAND RULES
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 2-
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 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
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
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
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
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
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
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.

MARYLAND RULES
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
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
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.
2004.)
MARYLAND RULES
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
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.
MARYLAND RULES
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 non-argumentative 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
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.

MARYLAND RULES
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
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.

MARYLAND RULES
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
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.
1994; Jan. 18, 1996, effective July 1, 1996; Nov. 12, 2003, effective Jan. 1, 2004; Dec. 4, 2007,
MARYLAND RULES
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.
MARYLAND RULES
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
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.
MARYLAND RULES
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
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.
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
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.
1999; November 12, 2003, effective January 1, 2004; Dec. 4, 2007, effective Jan. 1, 2008.)
MARYLAND RULES
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
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
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
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,
third-party claims, or issues.
MARYLAND RULES
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
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
16-204 (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.
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
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
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 computer-
generated 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
computer-generated 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 party-opponent 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 computer-
generated 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
computer-generated 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
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
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.
Jan. 1, 2006.)
MARYLAND RULES
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
2-131, 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
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.

MARYLAND RULES
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
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:
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
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,
MARYLAND RULES
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,
MARYLAND RULES
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
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
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
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
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
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
CHAPTER 500. TRIAL
Md. Rule 2-517 (2012)
fulfilled.
necessary.
MARYLAND RULES
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.

MARYLAND RULES
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.

MARYLAND RULES
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
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;
MARYLAND RULES
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
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.
(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.
MARYLAND RULES
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
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
(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,
MARYLAND RULES
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
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.
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,
MARYLAND RULES
CHAPTER 500. TRIAL
Md. Rule 2-542 (2012)
Rule 2-542. Examiners
(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
(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
(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.
(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
MARYLAND RULES
CHAPTER 500. TRIAL
Md. Rule 2-543 (2012)
Rule 2-543. Auditors
(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
(3) Officer of the court. An auditor serves at the pleasure of the appointing court and is an officer
(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:
(5) Convene, continue, and adjourn hearings, as required;
(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
HISTORY: (Amended Apr. 7, 1986, effective July 1, 1986; June 5, 1996, effective Jan. 1,
1997.)
MARYLAND RULES
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 2-532, 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.
2002.)
MARYLAND RULES
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
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
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
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
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
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:
(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
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
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
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.
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
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
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
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.

MARYLAND RULES
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
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
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.
MARYLAND RULES
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.

MARYLAND RULES
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 2-
122.
(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.

MARYLAND RULES
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
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
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
post-judgment 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.
2004.)
MARYLAND RULES
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
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
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
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,
MARYLAND RULES
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 2-
321. 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.
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
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.
filing in the same action in which the judgment was obtained a request that contains (1) the
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.
(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,
(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
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.

MARYLAND RULES
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
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 1-
321.
2004.)
MARYLAND RULES
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
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
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
MARYLAND RULES
Md. Rule 3-101 (2012)
(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
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.
(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.
2004.)
MARYLAND RULES
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.

MARYLAND RULES
Md. Rule 3-111 (2012)
(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
MARYLAND RULES
Md. Rule 3-112 (2012)
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.

MARYLAND RULES
Md. Rule 3-113 (2012)
plaintiff.
MARYLAND RULES
Md. Rule 3-114 (2012)
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
Md. Rule 3-115 (2012)
time of filing.
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
(g) Dissolution of attachment for lack of service. An attachment made before service of original
(h) Release of property or dissolution of attachment. A defendant who has appeared may obtain
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
(j) Retention of levied or garnished property. All property and funds coming into the possession
(k) Judgment for defendant. If judgment is entered for the defendant, the court shall dissolve the
(l) Judgment for plaintiff. If personal jurisdiction was not obtained over the defendant, any
HISTORY: (Amended Apr. 7, 1986, effective July 1, 1986; July 16, 1992; Oct. 31, 2002,
MARYLAND RULES
Md. Rule 3-121 (2012)
defendant.
notice.
MARYLAND RULES
Md. Rule 3-123 (2012)
otherwise.
MARYLAND RULES
Md. Rule 3-124 (2012)
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).
State ofMaryland by serving (1) the resident agent designated by the officer or agency, or (2) the
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.
served.
MARYLAND RULES
Md. Rule 3-125 (2012)
MARYLAND RULES
Md. Rule 3-126 (2012)
(2) If service is made by an individual other than a sheriff or clerk, the individual shall file proof
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.
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.
MARYLAND RULES
Md. Rule 3-131 (2012)
(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.
MARYLAND RULES
Md. Rule 3-132 (2012)
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,
MARYLAND RULES
Md. Rule 3-201 (2012)
interest.
2007.)
MARYLAND RULES
Md. Rule 3-202 (2012)
other entity.
custodial parent.
parent or person in loco parentis.If (1) both parents are dead and there is no person in loco

MARYLAND RULES
Md. Rule 3-211 (2012)
interest.

MARYLAND RULES
Md. Rule 3-212 (2012)

MARYLAND RULES
Md. Rule 3-213 (2012)
2004.)
MARYLAND RULES
Md. Rule 3-214 (2012)
(b) Permissive.

MARYLAND RULES
Md. Rule 3-221 (2012)
Cross references. -- For the definition of property, see Rule 1-202 (x).
property;
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
Md. Rule 3-241 (2012)

2005.)
MARYLAND RULES
Md. Rule 2-301 (2012)
MARYLAND RULES
Md. Rule 2-302 (2012)
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.

MARYLAND RULES
Md. Rule 2-303 (2012)
for all purposes.

2004.)
MARYLAND RULES
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.
MARYLAND RULES
Md. Rule 2-305 (2012)
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
2004.)
MARYLAND RULES
Md. Rule 2-311 (2012)

Rule 2-311. Motions
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, 2-
532, 2-533, or 2-534. If a party fails to file a response required by this section, the court may
(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.
2003; Nov. 12, 2003, effective Jan. 1, 2004; June 7, 2011, effective July 1, 2011.)
MARYLAND RULES
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
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.
MARYLAND RULES
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.
1995; Mar. 5, 2001, effective July 1 2001; Nov. 12, 2003, effective Jan. 1, 2004.)
MARYLAND RULES
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.
MARYLAND RULES
Md. Rule 2-325 (2012)
(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.
Jan. 1, 2006.)
MARYLAND RULES
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.
1988; Feb. 10, 1998, effective July 1, 1998; Nov. 12, 2003, effective Jan. 1, 2004.)
MARYLAND RULES
Md. Rule 2-327 (2012)
(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.
(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.
1997; Nov. 1, 2001, effective Jan. 1, 2002; Nov. 12, 2003, effective Jan. 1, 2004.)
MARYLAND RULES
Md. Rule 2-331 (2012)
(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,
MARYLAND RULES
Md. Rule 2-332 (2012)
(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 2-
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.
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
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
Md. Rule 2-341 (2012)
(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
(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,
MARYLAND RULES
Md. Rule 2-342 (2012)
may be amended.
MARYLAND RULES
Md. Rule 2-401 (2012)
(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.
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.
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.
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.
1994; Nov. 12, 2003, effective Jan. 1, 2004; April 5, 2005, effective July 1, 2005.)
MARYLAND RULES
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
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
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,
MARYLAND RULES
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.

MARYLAND RULES
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
(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.
2004.)
MARYLAND RULES
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.
2004.)
MARYLAND RULES
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.
2004.)
MARYLAND RULES
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
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.

MARYLAND RULES
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
[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 non-argumentative 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
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.
MARYLAND RULES
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.

MARYLAND RULES
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.

MARYLAND RULES
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
(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
(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.
MARYLAND RULES
Md. Rule 2-421 (2012)
(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
(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.
MARYLAND RULES
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
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.
MARYLAND RULES
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.
MARYLAND RULES
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.
MARYLAND RULES
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
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.
1991; June 10, 1997, effective July 1, 1997; Jan. 20, 1999, effective July 1, 1999; Nov. 12, 2003,
MARYLAND RULES
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.
1999; November 12, 2003, effective January 1, 2004; Dec. 4, 2007, effective Jan. 1, 2008.)
MARYLAND RULES
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
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
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
CHAPTER 500. TRIAL
Md. Rule 2-503 (2012)
(a) Consolidation.
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.
MARYLAND RULES
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.
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
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
(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
16-204 (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.
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
CHAPTER 500. TRIAL
Md. Rule 2-504.2 (2012)

Rule 2-504.2. Pretrial conference
Rule.
(3) Similar statements as to any counterclaims, cross-claim, or third-party claim;
an admission;
conference;
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;
witnesses;
(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
CHAPTER 500. TRIAL
Md. Rule 2-504.3 (2012)

(b) Notice.

Oct. 1, 2009.)
MARYLAND RULES
CHAPTER 500. TRIAL
Md. Rule 2-504.3 (2012)

(b) Notice.

Oct. 1, 2009.)
MARYLAND RULES
CHAPTER 500. TRIAL
Md. Rule 2-506 (2012)

statute, a party who has filed a complaint, counterclaim, cross-claim, or third-party claim may
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
Jan. 1, 2006.)
MARYLAND RULES
CHAPTER 500. TRIAL
Md. Rule 2-507 (2012)
(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
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
2-131, 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.
1994.)
MARYLAND RULES
CHAPTER 500. TRIAL
Md. Rule 2-508 (2012)
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
(e) Costs. When granting a continuance for a reason other than one stated in section (d), the court

MARYLAND RULES
CHAPTER 500. TRIAL
Md. Rule 2-509 (2012)
cause shown.
MARYLAND RULES
CHAPTER 500. TRIAL
Md. Rule 2-509 (2012)
cause shown.
MARYLAND RULES
CHAPTER 500. TRIAL
Md. Rule 2-511 (2012)
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.
(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,
MARYLAND RULES
CHAPTER 500. TRIAL
Md. Rule 2-512 (2012)
Rule 2-512. Jury selection
(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).
statute.
examination.
(c) Jury list.
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.
record.
(2) Challenge for cause. A party may challenge an individual qualified juror for cause. A
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.
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.
HISTORY: (Amended May 4, 1988; Dec. 4, 2007, effective Jan. 1, 2008.)
MARYLAND RULES
CHAPTER 500. TRIAL
Md. Rule 2-513 (2012)
Rule 2-513. Testimony taken by telephone.
cellular phone.
court:
(1) the address and telephone number of the witness;
if known; and
means;
(2) the testimony is not to be offered in a jury trial;
proceeding;
needed;
party; and
MARYLAND RULES
CHAPTER 500. TRIAL
Md. Rule 2-514 (2012)
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
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.
MARYLAND RULES
CHAPTER 500. TRIAL
Md. Rule 2-516 (2012)
Rule 2-516. Exhibits and recordings
(b) Audio, audiovisual, or visual recordings.
or trial shall:
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
CHAPTER 500. TRIAL
Md. Rule 2-517 (2012)
fulfilled.
necessary.
MARYLAND RULES
CHAPTER 500. TRIAL
Md. Rule 2-519 (2012)
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.
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.
(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.
MARYLAND RULES
CHAPTER 500. TRIAL
Md. Rule 2-520 (2012)
appropriate. In its discretion, the court may also give opening and interim instructions.
(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.
witnesses.
(e) Objections. No party may assign as error the giving or the failure to give an instruction unless
court shall receive objections out of the hearing of the jury.

MARYLAND RULES
CHAPTER 500. TRIAL
Md. Rule 2-521 (2012)
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.
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.
MARYLAND RULES
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;
MARYLAND RULES
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
(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.
MARYLAND RULES
CHAPTER 500. TRIAL
Md. Rule 2-533 (2012)
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.
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.
been paid.
MARYLAND RULES
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.
MARYLAND RULES
CHAPTER 500. TRIAL
Md. Rule 2-535 (2012)
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
Committee note. -- This section is intended to be as comprehensive as Code, Courts Article 6-

408.
533.
appellate court.
MARYLAND RULES
CHAPTER 500. TRIAL
Md. Rule 2-536 (2012)
MARYLAND RULES
CHAPTER 500. TRIAL
Md. Rule 2-541 (2012)
Rule 2-541. Masters

(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
(3) Officer of the court. A master serves at the pleasure of the appointing court and is an officer
(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
(5) Convene, continue, and adjourn the hearing, as required;
(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.
(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
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
(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)
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
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,
MARYLAND RULES
CHAPTER 500. TRIAL
Md. Rule 2-542 (2012)
Rule 2-542. Examiners
(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
(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
(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.
(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
MARYLAND RULES
CHAPTER 500. TRIAL
Md. Rule 2-543 (2012)
Rule 2-543. Auditors
(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
(3) Officer of the court. An auditor serves at the pleasure of the appointing court and is an officer
(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:
(5) Convene, continue, and adjourn hearings, as required;
(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
1997.)
MARYLAND RULES
CHAPTER 500. TRIAL
Md. Rule 2-551 (2012)

(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 2-532, 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.
2002.)
MARYLAND RULES
Md. Rule 2-601 (2012)
(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
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
Md. Rule 2-602 (2012)

original claim, counterclaim, cross-claim, or third-party claim), or that adjudicates less than an
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
Md. Rule 2-603 (2012)
Rule 2-603. Costs
prevailing party is entitled to costs. The court, by order, may allocate costs among the parties.
(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
(d) Joint liability. When an action is brought for the use or benefit of another as provided in Rule
(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.
Jan. 20, 1999, effective July 1, 1999; Dec. 16, 1999, effective Jan. 1, 2000.)
MARYLAND RULES
Md. Rule 2-604 (2012)
(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.
MARYLAND RULES
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.

MARYLAND RULES
Md. Rule 2-611 (2012)
(Name of Affiant)
2. I am:
or
[] .
Principal $
Interest $
$
Total $ .
or
[]
or
(Date)
2-122.
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.
July 1, 2010.)
MARYLAND RULES
Md. Rule 2-612 (2012)
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.

MARYLAND RULES
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.
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.
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
Md. Rule 2-614 (2012)
to recovery over from the other defendant.
MARYLAND RULES
Md. Rule 2-615 (2012)
MARYLAND RULES
Md. Rule 2-621 (2012)
(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.
MARYLAND RULES
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.
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.
MARYLAND RULES
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
Md. Rule 2-624 (2012)
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.
MARYLAND RULES
Md. Rule 2-625 (2012)
clerk shall enter the judgment renewed.
MARYLAND RULES
Md. Rule 2-626 (2012)
satisfied.
determined, the court shall provide for notice to the judgment creditor in accordance with Rule 2-
122.
MARYLAND RULES
Md. Rule 2-631 (2012)
MARYLAND RULES
Md. Rule 2-632 (2012)
(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
(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,
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
HISTORY: (Amended Nov. 19, 1987, effective July 1, 1988; June 5, 1996, effective Jan. 1,
MARYLAND RULES
Md. Rule 2-633 (2012)
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.
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
post-judgment 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.

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.
2004.)
MARYLAND RULES
Md. Rule 2-641 (2012)
(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
had.
HISTORY: (Amended May 8, 2007, effective July 1, 2007)
MARYLAND RULES
Md. Rule 2-642 (2012)
MARYLAND RULES
Md. Rule 2-643 (2012)
extends the time.
pursuant to Rule 2-311 (f) and, if requested, a hearing shall be held promptly.
MARYLAND RULES
Md. Rule 2-644 (2012)
sheriff.
(f) for referral to an auditor does not apply and (2) the court may not ratify the sale until the
MARYLAND RULES
Md. Rule 2-645 (2012)
(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,
(e) Answer of garnishee. The garnishee shall file an answer within the time provided by Rule 2-
321. The answer shall admit or deny that the garnishee is indebted to the judgment debtor or has
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.
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
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
Md. Rule 2-646 (2012)
(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.
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.
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.
1994; Oct. 5, 1999.)
MARYLAND RULES
Md. Rule 2-647 (2012)
property.
MARYLAND RULES
Md. Rule 2-648 (2012)
(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.
July 23, 1997; Nov. 12, 2003, effective Jan. 1, 2004.)
MARYLAND RULES
Md. Rule 2-649 (2012)
321.
2004.)
MARYLAND RULES
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
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
(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
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
Md. Rule 3-101 (2012)
(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
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.
(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.
2004.)
MARYLAND RULES
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.
(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.
MARYLAND RULES
Md. Rule 3-111 (2012)
(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
MARYLAND RULES
Md. Rule 3-112 (2012)
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.
MARYLAND RULES
Md. Rule 3-113 (2012)
plaintiff.
MARYLAND RULES
Md. Rule 3-114 (2012)
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
Md. Rule 3-115 (2012)
time of filing.
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
(g) Dissolution of attachment for lack of service. An attachment made before service of original
(h) Release of property or dissolution of attachment. A defendant who has appeared may obtain
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
(j) Retention of levied or garnished property. All property and funds coming into the possession
(k) Judgment for defendant. If judgment is entered for the defendant, the court shall dissolve the
(l) Judgment for plaintiff. If personal jurisdiction was not obtained over the defendant, any
HISTORY: (Amended Apr. 7, 1986, effective July 1, 1986; July 16, 1992; Oct. 31, 2002,
MARYLAND RULES
Md. Rule 3-121 (2012)
defendant.
notice.
MARYLAND RULES
Md. Rule 3-123 (2012)
otherwise.
MARYLAND RULES
Md. Rule 3-124 (2012)
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).
State ofMaryland by serving (1) the resident agent designated by the officer or agency, or (2) the
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.
served.
MARYLAND RULES
Md. Rule 3-125 (2012)
MARYLAND RULES
Md. Rule 3-126 (2012)

(2) If service is made by an individual other than a sheriff or clerk, the individual shall file proof
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.
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.
MARYLAND RULES
Md. Rule 3-131 (2012)
(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.
MARYLAND RULES
Md. Rule 3-132 (2012)
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,
MARYLAND RULES
Md. Rule 3-201 (2012)
interest.
2007.)
MARYLAND RULES
Md. Rule 3-202 (2012)
other entity.
custodial parent.
parent or person in loco parentis.If (1) both parents are dead and there is no person in loco
MARYLAND RULES
Md. Rule 3-211 (2012)
interest.
MARYLAND RULES
Md. Rule 3-212 (2012)

MARYLAND RULES
Md. Rule 3-213 (2012)
2004.)
MARYLAND RULES
Md. Rule 3-214 (2012)
(b) Permissive.
MARYLAND RULES
Md. Rule 3-221 (2012)
Cross references. -- For the definition of property, see Rule 1-202 (x).
property;
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
Md. Rule 3-241 (2012)

2005.)
MARYLAND RULES
Md. Rule 3-301 (2012)
MARYLAND RULES
Md. Rule 3-302 (2012)
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.

MARYLAND RULES
Md. Rule 3-303 (2012)
(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.
separate claims or defenses as the party has, regardless of consistency.
for all purposes.
MARYLAND RULES
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
Md. Rule 3-305 (2012)
cause of action and a demand for judgment for relief sought. Relief in the alternative or of
MARYLAND RULES
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.
(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
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 counter-
defendant, 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.
2004.)
MARYLAND RULES
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.

MARYLAND RULES
Md. Rule 3-311 (2012)
Rule 3-311. Motions
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
(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.
2003.)
MARYLAND RULES
Md. Rule 3-325 (2012)

(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.
Oct. 31, 2002, effective Jan. 1, 2003.)
MARYLAND RULES
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.
(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
3-307. 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
Md. Rule 3-331 (2012)

(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
Md. Rule 3-332 (2012)
(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 cross-
claims 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.
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
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
Md. Rule 3-341 (2012)
(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
HISTORY: (Amended June 21, 1995, effective Sept. 1, 1995.)
MARYLAND RULES
Md. Rule 3-342 (2012)
may be amended.
MARYLAND RULES
Md. Rule 3-401 (2012)

(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.
questions, a deposition transcript, interrogatories, and a response to interrogatories.
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.
2003; April 5, 2005, effective July 1, 2005.)
MARYLAND RULES
Md. Rule 3-421 (2012)
(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
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
(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.
(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.
1991; Oct. 31, 2002, effective Jan. 1, 2003.)
MARYLAND RULES
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
CHAPTER 500. TRIAL
Md. Rule 3-503 (2012)
(a) Consolidation.
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).
MARYLAND RULES
CHAPTER 500. TRIAL
Md. Rule 3-504 (2012)
Rule 3-504. Pretrial conference
Rule.
(3) Similar statements as to any counterclaim, cross-claim, or third-party claim;
an admission;
conference;
parties agree may be offered in evidence without the usual authentication;
witnesses;
(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
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
CHAPTER 500. TRIAL
Md. Rule 3-506 (2012)

statute, a party who has filed a complaint, counterclaim, cross-claim, or third party claim may
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
Jan. 1, 2006.)
MARYLAND RULES
CHAPTER 500. TRIAL
Md. Rule 3-507 (2012)
(a) For lack of jurisdiction. An action against any defendant who has not been served or over
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
3-131, 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
CHAPTER 500. TRIAL
Md. Rule 3-508 (2012)

shown.
(c) Legislative privilege. Upon request of an attorney of record who is a member or desk officer
(d) Costs. When granting a continuance for a reason other than one stated in section (c), the court
MARYLAND RULES
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
CHAPTER 500. TRIAL
Md. Rule 3-510 (2012)
(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
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.
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,
MARYLAND RULES
CHAPTER 500. TRIAL
Md. Rule 3-513 (2012)
Rule 3-513. Testimony taken by telephone
cellular phone.
court:
(1) address and telephone number for the witness;

if known; and
means;
proceeding;
needed;
party; and
MARYLAND RULES
CHAPTER 500. TRIAL
Md. Rule 3-514 (2012)
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.
MARYLAND RULES
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
CHAPTER 500. TRIAL
Md. Rule 3-517 (2012)
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.
necessary.
MARYLAND RULES
CHAPTER 500. TRIAL
Md. Rule 3-519 (2012)
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.
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.
MARYLAND RULES
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.
MARYLAND RULES
CHAPTER 500. TRIAL
Md. Rule 3-533 (2012)
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.
remaining parties or issues or stay the entry of judgment until after the new trial.
been paid.
MARYLAND RULES
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.

MARYLAND RULES
CHAPTER 500. TRIAL
Md. Rule 3-535 (2012)
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.
Committee note. -- This section is intended to be as comprehensive as Code, Courts Article, 6-

408.
533.
appellate court.
2004.)
MARYLAND RULES
CHAPTER 500. TRIAL
Md. Rule 3-536 (2012)

MARYLAND RULES
Md. Rule 3-601 (2012)
(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
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.
2004.)
MARYLAND RULES
Md. Rule 3-602 (2012)
original claims, counterclaim, cross-claim, or third-party claim), or that adjudicates less than an
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.
2004.)
MARYLAND RULES
Md. Rule 3-603 (2012)
Rule 3-603. Costs
prevailing party is entitled to the allowance of costs. The court, by order, may allocate costs
among the parties.
(b) Assessment by the court. When the court orders or requests a transcript or, on its own
(c) Joint liability. When an action is brought for the use or benefit of another as provided in Rule
MARYLAND RULES
Md. Rule 3-604 (2012)

(a) Pre-judgment interest. Any pre-judgment interest awarded shall be separately stated in the
decision and included in the judgment.
MARYLAND RULES
Md. Rule 3-611 (2012)
(Name of Affiant)
2. I am:
or
[] .
Principal $
Interest $
$
Total $ .
or
[]
or
(Date)
2-122.
within 30 days after service of the notice. The motion shall state the legal and factual basis for
the defense to the claim.
July 1, 2010.)
MARYLAND RULES
Md. Rule 3-612 (2012)

The court may enter a judgment at any time by consent of the parties.
MARYLAND RULES
Md. Rule 3-614 (2012)
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
Md. Rule 3-615 (2012)
MARYLAND RULES
Md. Rule 3-621 (2012)
(a) Generally. A money judgment constitutes a lien in the amount of the judgment and post-
judgment 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.
MARYLAND RULES
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.
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
Md. Rule 3-624 (2012)
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.
MARYLAND RULES
Md. Rule 3-625 (2012)
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.
MARYLAND RULES
Md. Rule 3-626 (2012)

satisfied.
determined, the court shall order service by the mailing of a copy of the motion to the judgment
creditor's last known address.
MARYLAND RULES
Md. Rule 3-631 (2012)
MARYLAND RULES
Md. Rule 3-632 (2012)
(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
(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,
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
MARYLAND RULES
Md. Rule 3-633 (2012)

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.
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.

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.
(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.
2004.)
MARYLAND RULES
Md. Rule 3-641 (2012)
(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
had.
HISTORY: (Amended May 8, 2007, effective July 1, 2007.)
MARYLAND RULES
Md. Rule 3-642 (2012)
MARYLAND RULES
Md. Rule 3-643 (2012)
extends the time.
pursuant to Rule 3-311 (e) and, if requested, a hearing shall be held promptly.
MARYLAND RULES
Md. Rule 3-644 (2012)
sheriff.
(c) (4) for referral to an auditor does not apply and (2) the court may not ratify the sale until the
MARYLAND RULES
Md. Rule 3-645 (2012)
so may result in judgment by default against the garnishee,
(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
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.
effective July 1, 1997; Nov. 12, 2003, effective Jan. 1, 2004; April 21, 2011, effective May 1,
2011.)
MARYLAND RULES
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
Md. Rule 3-646 (2012)
(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.
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.
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.

1994; Oct. 5, 1999.)
MARYLAND RULES
Md. Rule 3-647 (2012)
property.
MARYLAND RULES
Md. Rule 3-648 (2012)
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,
MARYLAND RULES
Md. Rule 3-649 (2012)
321.
2004.)
MARYLAND RULES
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.
(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.
(d) Counterclaims -- Cross-claims -- Third-party claims. If a counterclaim, cross-claim, or third-

party 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).
MARYLAND RULES
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.
MARYLAND RULES
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
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 [] stabbing [] shoving
[] threats of violence [] harassment [] stalking
[] detaining against will [] trespass
[] 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 Kind of Case

Year Filed
Results or Status
(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)
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
CHAPTER 100. GENERAL
Md. Rule 4-102 (2012)
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.
MARYLAND RULES
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
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
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
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
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
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,
MARYLAND RULES
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,
MARYLAND RULES
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
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;
MARYLAND RULES
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
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.
(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.
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;
MARYLAND RULES
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.
HISTORY: (Amended Dec. 15, 1993, effective July 1, 1994; Jan. 8, 2002, effective Feb. 1,
2002.)
MARYLAND RULES
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.

MARYLAND RULES
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.
(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
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
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
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
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
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
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.
MARYLAND RULES
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.
MARYLAND RULES
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,
MARYLAND RULES
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
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
4-213 (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.
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
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
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
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), 2-
414, 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
(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.
2004; May 8, 2007, effective July 1, 2007)
MARYLAND RULES
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
(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
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;
(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;
(C) the substance of any oral report and conclusion by the expert;
(3) Character witnesses. As to each defense witness the defense intends to call to testify as to the
defendant's veracity or other relevant character trait, the name and, except when the witness
declines permission, the address of that witness;
(4) Alibi witnesses If the State's Attorney has designated the time, place, and date of the alleged
offense, the name and, except when the witness declines permission, the address of each person
other than the defendant whom the defense intends to call as a witness to show that the defendant
was not present at the time, place, or date designated by the State's Attorney;
(5) Insanity defense. Notice of any intention to rely on a defense of not criminally responsible
by reason of insanity, and the name and, except when the witness declines permission, the
address of each defense witness other than the defendant in support of that defense; and
Committee note. -- The address of an expert witness must be provided. See subsection (e)(2)(A)
of this Rule.
(6) Documents, computer-generated evidence, and other things. The opportunity to inspect,
copy, and photograph any documents, computer-generated evidence as defined in Rule 2-504.3
(a), recordings, photographs, or other tangible things that the defense intends to use at a hearing
or at trial.
(f) Person of the defendant.
(1) On request.On request of the State's Attorney that includes reasonable notice of the time and
place, the defendant shall appear for the purpose of:
(A) providing fingerprints, photographs, handwriting exemplars, or voice exemplars;
(B) appearing, moving, or speaking for identification in a lineup; or
(C) trying on clothing or other articles.
(2) On Motion. On motion filed by the State's Attorney, with reasonable notice to the defense,
the court, for good cause shown, shall order the defendant to appear and (A) permit the taking of
buccal samples, samples of other materials of the body, or specimens of blood, urine, saliva,
breath, hair, nails, or material under the nails or (B) submit to a reasonable physical or mental
examination.
(g) Matters not discoverable.
(1) Notwithstanding any other provision of this Rule, neither the State's Attorney nor the
defense is required to disclose (A) the mental impressions, trial strategy, personal beliefs, or
other privileged attorney work product or (B) any other material or information if the court finds
that its disclosure is not constitutionally required and would entail a substantial risk of harm to
any person that outweighs the interest in disclosure.
(2) By the sefense. The State's Attorney is not required to disclose the identity of a confidential
informant unless the State's Attorney intends to call the informant as a State's witness or unless
the failure to disclose the informant's identity would infringe a constitutional right of the
defendant.
(h) Time for discovery. Unless the court orders otherwise:
(1) the State's Attorney shall make disclosure pursuant to section (d) of this Rule within 30 days
after the earlier of the appearance of counsel or the first appearance of the defendant before the
court pursuant to Rule 4-213, and
(2) the defense shall make disclosure pursuant to section (e) of this Rule no later than 30 days
before the first scheduled trial date.
(i) Motion to compel discovery.
(1) Time. A motion to compel discovery based on the failure to provide discovery within the
time required by section (h) of this Rule shall be filed within ten days after the date the discovery
was due. A motion to compel based on inadequate discovery shall be filed within ten days after
the date the discovery was received.
(2) Content. A motion shall specifically describe the information or material that has not been
provided.
(3) Response. A response may be filed within five days after service of the motion.
(4) Certificate. The court need not consider any motion to compel discovery unless the moving
party has filed a certificate describing good faith attempts to discuss with the opposing party the
resolution of the dispute and certifying that they are unable to reach agreement on the disputed
issues. The certificate shall include the date, time, and circumstances of each discussion or
attempted discussion.
(j) Continuing duty to disclose. Each party is under a continuing obligation to produce
discoverable material and information to the other side. A party who has responded to a request
or order for discovery and who obtains further material information shall supplement the
response promptly.
(k) Manner of providing discovery.
(1) By agreement. Discovery may be accomplished in any manner mutually agreeable to the
parties. The parties shall file with the court a statement of their agreement.
(2) If no agreement. In the absence of an agreement, the party generating the discovery material
shall (A) serve on the other party copies of all written discovery material, together with a list of
discovery materials in other forms and a statement of the time and place when these materials
may be inspected, copied, and photographed, and (B) promptly file with the court a notice that (i)
reasonably identifies the information provided and (ii) states the date and manner of service. On
request, the party generating the discovery material shall make the original available for
inspection and copying by the other party.
(3) Requests, motions, and responses to be filed with the court. Requests for discovery, motions
for discovery, motions to compel discovery, and any responses to the requests or motions shall
be filed with the court.
(4) Discovery material not to be filed with the court. Except as otherwise provided in these
Rules or by order of court, discovery material shall not be filed with the court. This section does
not preclude the use of discovery material at trial or as an exhibit to support or oppose a motion.
(l) Retention. The party generating discovery material shall retain the original until the earlier of
the expiration of (i) any sentence imposed on the defendant or (ii) the retention period that the
material would have been retained under the applicable records retention and disposal schedule
had the material been filed with the court.
(m) Protective orders.
(1) Generally. On motion of a party or a person from whom discovery is sought, the court, for
good cause shown, may order that specified disclosures be denied or restricted in any manner
that justice requires.
(2) In Camera Proceedings. On request of a party or a person from whom discovery is sought,
the court may permit any showing of cause for denial or restriction of disclosures to be made in
camera. A record shall be made of both in court and in camera proceedings. Upon the entry of an
order granting relief in an in camera proceeding, all confidential portions of the in camera
portion of the proceeding shall be sealed, preserved in the records of the court, and made
available to the appellate court in the event of an appeal.
(n) Sanctions. If at any time during the proceedings the court finds that a party has failed to
comply with this Rule or an order issued pursuant to this Rule, the court may order that party to
permit the discovery of the matters not previously disclosed, strike the testimony to which the
undisclosed matter relates, grant a reasonable continuance, prohibit the party from introducing in
evidence the matter not disclosed, grant a mistrial, or enter any other order appropriate under the
circumstances. The failure of a party to comply with a discovery obligation in this Rule does not
automatically disqualify a witness from testifying. If a motion is filed to disqualify the witness's
testimony, disqualification is within the discretion of the court.
HISTORY: (Added April 8, 2008, effective July 1, 2008; amended March 9, 2010, effective
July 1, 2010; June 7, 2011, effective July 1, 2011.)
MARYLAND RULES
Md. Rule 4-264 (2012)
Rule 4-264. Subpoena for tangible evidence before trial in circuit court
On motion of a party, the circuit court may order the issuance of a subpoena commanding a
person to produce for inspection and copying at a specified time and place before trial designated
documents, recordings, photographs, or other tangible things, not privileged, which may
constitute or contain evidence relevant to the action. Any response to the motion shall be filed
within five days.
MARYLAND RULES
Md. Rule 4-264 (2012)
Rule 4-264. Subpoena for tangible evidence before trial in circuit court
On motion of a party, the circuit court may order the issuance of a subpoena commanding a
person to produce for inspection and copying at a specified time and place before trial designated
documents, recordings, photographs, or other tangible things, not privileged, which may
constitute or contain evidence relevant to the action. Any response to the motion shall be filed
within five days.
MARYLAND RULES
Md. Rule 4-265 (2012)
Rule 4-265. Subpoena for hearing or trial
(a) Definitions.
(1) Trial. For purposes of this Rule, "trial" includes hearing.
(2) Trial Subpoena. For purposes of this Rule, "trial subpoena" includes hearing subpoena.
(b) Preparation by clerk. On request of a party, the clerk shall prepare and issue a subpoena
commanding a witness to appear to testify at trial. The request for subpoena shall state the name,
address, and county of the witness to be served, the date and hour when the attendance of the
witness is required, and which party has requested the subpoena. If the request is for a subpoena
duces tecum, the request also shall designate the relevant documents, recordings, photographs, or
other tangible things, not privileged, that are to be produced by the witness.
(c) Preparation by party or officer of the court. On request of a party entitled to the issuance of a
subpoena, the clerk shall provide a blank form of subpoena which shall be filled in and returned
to the clerk to be signed and sealed before service. On request of an attorney or other officer of
the court entitled to the issuance of a subpoena, the clerk shall issue a subpoena signed and
sealed but otherwise in blank, which shall be filled in before service.
(d) Issuance of subpoena duces tecum. A subpoena duces tecum shall include a designation of
the documents, recordings, photographs, or other tangible things, not privileged, that are to be
produced by the witness.
(e) Filing and service. Unless the court waives the time requirements of this section, a request for
subpoena shall be filed at least nine days before trial in the circuit court, or seven days before
trial in the District Court, not including the date of trial and intervening Saturdays, Sundays, and
holidays. At least five days before trial, not including the date of the trial and intervening
Saturdays, Sundays, or holidays, the clerk shall deliver the subpoena for service pursuant to Rule
4-266 (b). Unless impracticable, there must be a good faith effort to cause a trial subpoena to be
served at least five days before the trial.
HISTORY: (Amended June 7, 1994, effective Oct. 1, 1994; Dec. 10, 1996, effective Jan. 1,
1997; Jan. 20, 1999, effective July 1, 1999; Dec. 4, 2007, effective Jan. 1, 2008.)
MARYLAND RULES
Md. Rule 4-266 (2012)
Rule 4-266. Subpoenas -- Generally
(a) Form. Every subpoena shall contain: (1) the caption of the action, (2) the name and address
of the person to whom it is directed, (3) the name of the person at whose request it is issued, (4)
the date, time, and place where attendance is required, and (5) a description of any documents,
recordings, photographs, or other tangible things to be produced.
(b) Service. A subpoena shall be served by delivering a copy to the person named or to an agent
Rule 2-121 (a)(3). A subpoena may be served by a sheriff of any county or by a person who is
not a party and who is not less than 18 years of age. A subpoena issued by the District Court may
be served by first class mail, postage prepaid, if the administrative judge of the district so directs.
and cannot be ascertained after a reasonable effort.
(c) Protective order. Upon motion of a party or of the witness named in the subpoena filed
promptly and, whenever practicable, at or before the time specified in the subpoena for
compliance, the court may, for good cause shown, enter an order which justice requires to protect
the party or witness from annoyance, embarrassment, oppression, or undue burden or expense,
including one of the following:
(1) That the subpoena be quashed;
(2) That the subpoena be complied with only at some designated time or place other than that
stated in the subpoena, or before a judge, or before some other designated officer;
(3) That certain matters not be inquired into or that the scope of examination or inspection be
limited to certain matters;
(4) That the examination or inspection be held with no one present except parties to the action
and their counsel;
(5) That the transcript of any examination or matters produced or copies, after being sealed, not
be opened or the contents be made public only by order of court; or
(6) That a trade secret or other confidential research development or commercial information not
be disclosed or be disclosed only in a designated way.
(d) Attachment. A witness personally served with a subpoena under this Rule is liable to a body
attachment and fine for failure to obey the subpoena without sufficient excuse. The writ of
attachment may be executed by the sheriff or peace officer of any county and shall be returned to
the court issuing it. The witness attached shall be taken immediately before the court if then in
session. If the court is not in session, the witness shall be taken before a judicial officer of the
District Court for a determination of appropriate conditions of release to ensure the witness'
appearance at the next session of the court that issued the attachment.
2003.)
MARYLAND RULES
Md. Rule 4-267 (2012)
Rule 4-267. Body attachment of material witness
(a) Without order of court. When a peace officer takes a person into custody as a material
witness without an order of court for attachment, the person shall be taken promptly before a
judicial officer in the county in which the action is pending or where the witness is taken into
custody. If the judicial officer determines, after a hearing, that (1) the testimony of the witness is
material in a criminal proceeding, and (2) it may become impracticable to secure the witness'
attendance by subpoena, the judicial officer shall set a reasonable bond to ensure the attendance
of the witness at the hearing or trial when required. A witness who is unable to post the
prescribed bond shall be committed to jail. After seven days a detained witness shall be released
unless, prior thereto, the court, after hearing, orders further detention pursuant to an application
filed in accordance with this Rule.
(b) By order of court. Upon application filed by a party in accordance with this Rule, the court
may order the issuance of a body attachment of a witness and require the witness to post a bond
in an amount fixed by the court to ensure attendance if the court is satisfied that (1) the testimony
of the witness is material in a criminal proceeding, and (2) it may become impracticable to
secure the witness' attendance by subpoena. The sheriff or peace officer shall execute a body
attachment by taking the witness into custody and forthwith before a judicial officer in the
county where the action is pending or where the witness is taken into custody to post bond. A
witness who is unable to post the prescribed bond shall be committed to jail. Within three days
after the witness is taken into custody, the court shall hold a hearing with respect to any matter
contained in the application or to the conditions of release imposed on the witness.
(c) Deposition of witness in custody. The court may order that the testimony of a material
witness who is in custody be taken by deposition and may release the witness after its
completion.
(d) Condition of bond. The condition of a bond posted pursuant to this Rule shall be that the
witness personally appear as required to give evidence in any court (1) in which charges are
pending against a named defendant in a particular criminal action, or (2) in which a charging
document may be filed based on the same acts or transactions, or (3) to which the action may be
transferred or removed; and that the bond shall continue in effect until discharged by the court
having jurisdiction of the action.
(e) Content of application. An application for continued detention under section (a) of this Rule
or for a body attachment under section (b) of this Rule shall be verified and shall contain the
following:
(1) The name and present address of the witness;
(2) The designation of the action for which the testimony of the witness is required;
(3) A summary of the information or testimony of which the moving party believes the witness
has knowledge;
(4) The materiality of the expected testimony of the witness;
(5) The reason for requiring a bond or incarceration to ensure the attendance of the witness.
MARYLAND RULES
Md. Rule 4-271 (2012)
Rule 4-271. Trial date
(a) Trial date in circuit court.
(1) The date for trial in the circuit court shall be set within 30 days after the earlier of the
appearance of counsel or the first appearance of the defendant before the circuit court pursuant to
Rule 4-213, and shall be not later than 180 days after the earlier of those events. When a case has
been transferred from the District Court because of a demand for jury trial, and an appearance of
counsel entered in the District Court was automatically entered in the circuit court pursuant to
Rule 4-214 (a), the date of the appearance of counsel for purposes of this Rule is the date the
case was docketed in the circuit court. On motion of a party, or on the court's initiative, and for
good cause shown, the county administrative judge or that judge's designee may grant a change
of a circuit court trial date. If a circuit court trial date is changed, any subsequent changes of the
trial date may be made only by the county administrative judge or that judge's designee for good
cause shown.
(2) Upon a finding by the Chief Judge of the Court of Appeals that the number of demands for
jury trial filed in the District Court for a county is having a critical impact on the efficient
operation of the circuit court for that county, the Chief Judge, by Administrative Order, may
exempt from this section cases transferred to that circuit court from the District Court because of
a demand for jury trial.
(b) Change of trial date in District Court. The date for trial in the District Court may be changed
on motion of a party, or on the court's initiative, and for good cause shown.
Mar. 23, 1989, effective July 1, 1989; Jan. 8, 2002, effective Feb. 1, 2002.)
MARYLAND RULES
Md. Rule 4-281 (2012)
Rule 4-281. Motion relating to death penalty notice
(a) Motion. Upon completion of discovery, a defendant may move to preclude the State from
filing a notice of intention to seek a sentence of death pursuant to Code, Criminal Law Article,
2-301 or to strike a notice already filed on the ground that the State has failed to produce in
discovery evidence of an aggravating circumstance listed in Code, Criminal Law Article, 2-303
(g), or one of the following:
(1) biological evidence or DNA evidence that links the defendant to the act of murder;
(2) a video taped voluntary interrogation and confession of the defendant to the murder; or
(3) a video recording that conclusively links the defendant to the murder.
(b) Order. After an opportunity for a hearing, the court shall promptly rule on the motion and
enter an order.
(c) Appeal by State. An order granting the motion may be appealed by the State under the
collateral order doctrine. Any appeal shall be to the Court of Appeals and shall be filed within 30
days after entry of the order. Trial and all other proceedings in the case that may be affected by
the appeal shall be stayed until the appeal is finally concluded. An order denying the motion is
not immediately appealable under the collateral order doctrine.

MARYLAND RULES
CHAPTER 300. TRIAL AND SENTENCING
Md. Rule 4-301 (2012)
Rule 4-301. Beginning of trial in District Court
(a) Initial procedures. Immediately before beginning a trial in District Court, the court shall (1)
make certain the defendant has been furnished a copy of the charging document; (2) inform the
defendant of each offense charged; (3) inform the defendant, when applicable, of the right to trial
by jury; (4) comply with Rule 4-215, if necessary; and (5) thereafter, call upon the defendant to
plead to each charge.
(b) Demand for jury trial. (1) Form and time of demand. A demand in the District Court for a
jury trial shall be made either
(A) in writing and, unless otherwise ordered by the court or agreed by the parties, filed no later
than 15 days before the scheduled trial date, or
(B) in open court on the trial date by the defendant and the defendant's counsel, if any.
(2) Procedure following demand. Upon a demand by the defendant for jury trial that deprives the
District Court of jurisdiction pursuant to law, the clerk may serve a circuit court summons on the
defendant requiring an appearance in the circuit court at a specified date and time. The clerk
shall promptly transmit the case file to the clerk of the circuit court, who shall then file the
charging document and, if the defendant was not served a circuit court summons by the clerk of
the District Court, notify the defendant to appear before the circuit court. The circuit court shall
proceed in accordance with Rule 4-213 (c) as if the appearance were by reason of execution of a
warrant. Thereafter, except for the requirements of Code, Criminal Procedure Article, 6-103
and Rule 4-271 (a), or unless the circuit court orders otherwise, pretrial procedures shall be
governed by the rules in this Title applicable in the District Court.
(c) Discovery. Discovery in an action transferred to a circuit court upon a jury trial demand made
in accordance with subsection (b)(1)(A) of this Rule is governed by Rule 4-263. In all other
actions transferred to a circuit court upon a jury trial demand, discovery is governed by Rule 4-
262.
HISTORY: (Amended Mar. 23, 1989, effective July 1, 1989; Apr. 12, 1999, effective July 1,
1999; Jan. 8, 2002, effective Feb. 1, 2002; amended Apr. 8, 2008, effective July 1, 2008.)
MARYLAND RULES
Md. Rule 4-311 (2012)
the Maryland Declaration of Rights or as provided by law shall be preserved to the parties in
circuit court inviolate.
(b) Number of jurors. A jury shall consist of 12 persons unless the parties stipulate at any time in
writing or on the record that the jury shall consist of any number less than 12.
MARYLAND RULES
Md. Rule 4-312 (2012)
Rule 4-312. Jury selection [Subject to amendment effective September 1, 2011]
(1) Size. Before a trial begins, the trial judge shall decide (A) the required number of sworn
jurors, including any alternates and (B) the size of the array of qualified jurors needed.
Cross references. -- See Code, Courts Article, 8-420 (b) and Code, Criminal Law Article, 2-
303 (d).
statute.
examination.
(c) Jury list.
and any other information required by Rule. Unless the trial judge orders otherwise, the address
shall be limited to the city or town and zip code and shall not include the street address or box
number.
(2) Dissemination.
record.
(2) Challenges for cause. A party may challenge an individual qualified juror for cause. A
cause shown.
(e) Peremptory challenges. Before the exercise of peremptory challenges, the trial judge shall
designate those individuals on the jury list who remain qualified after examination. The number
designated shall be sufficient to provide the required number of sworn jurors, including any
alternates, after allowing for the exercise of peremptory challenges pursuant to Rule 4-313. The
judge shall at the same time prescribe the order to be followed in selecting individuals from the
list.
perform jury service with an alternate in the order of selection set under section (e). When the
jury retires to consider its verdict, the trial judge shall discharge any remaining alternates who
did not replace another jury member.
1997; Oct. 31, 2002, effective Jan. 1, 2003; Dec. 4, 2007, effective Jan. 1, 2008.)
MARYLAND RULES
Md. Rule 4-312 (2012)
Rule 4-312. Jury selection [Amendment effective September 1, 2011]
(1) Size. Before a trial begins, the trial judge shall decide (A) the required number of sworn
jurors, including any alternates and (B) the size of the array of qualified jurors needed.
Cross references. -- See Code, Courts Article, 8-420 (b) and Code, Criminal Law Article, 2-
303 (d).
statute.
(b) General requirements.
(1) Uniform Method of Impaneling. All individuals to be impaneled on the jury, including any
alternates, shall be selected in the same manner, have the same qualifications, and be subject to
the same examination.
(2) Jurors Not to be Addressed by Name. In any proceeding conducted in the courtroom or in
chambers, a juror shall be referred to by juror number and not by name.
Committee note. -- The judge should advise prospective jurors and remind impaneled jurors that
(1) it is standard procedure for jurors to be referred to in open court only by juror number and not
by name, and (2) they may disclose their names to each other if they wish and, when not in open
court, refer to each other by name, but they may not specifically disclose the names of other
jurors to anyone else unless authorized by the judge.
(c) Jury list.
(1) Contents. Subject to section (d) of this Rule, before the examination of qualified jurors, each
party shall be provided with a list that includes each juror's name, city or town of residence, zip
code, age, gender, education, occupation, and spouse's occupation. Unless the trial judge orders
otherwise, the juror's street address or box number shall not be provided.
(2) Dissemination.
Cross references. -- See Rule 16-1004 (b)(2)(B) concerning disclosure of juror information by a
custodian of court records.
(d) Nondisclosure of Names and City or Town of Residence.
(1) Finding by the Court. If the court finds from clear and convincing evidence or information,
after affording the parties an opportunity to be heard, that disclosure of the names or the city or
town of residence of prospective jurors will create a substantial danger that (i) the safety and
security of one or more jurors will likely be imperiled, or (ii) one or more jurors will likely be
subjected to coercion, inducement, other improper influence, or undue harassment, the court may
enter an order as provided in subsection (d)(2) of this Rule. A finding under this section shall be
in writing or on the record and shall state the basis for the finding.
(2) Order. Upon the finding required by subsection (d)(1) of this Rule, the court may order that:
(A) the name and, except for prospective jurors residing in Baltimore City, the city or town of
residence of prospective jurors not be disclosed in voir dire; and
(B) the name and, except for jurors residing in Baltimore City, the city or town of residence of
impaneled jurors not be disclosed (i) until the jury is discharged following completion of the
trial, (ii) for a limited period of time following completion of the trial, or (iii) at any time.
Committee note. -- Nondisclosure of the city or town in which a juror resides is in recognition of
the fact that some counties have incorporated cities or towns, the disclosure of which, when
coupled with other information on the jury list, may easily lead to discovery of the juror's actual
residence. The exception for Baltimore City is to take account of the fact that Baltimore City is
both an incorporated city and the equivalent of a county, and because persons are not eligible to
serve as jurors in the Circuit Court for Baltimore City unless they reside in that city, their
residence there is necessarily assumed.
Cross references. -- See Rule 16-1004 (b)(2)(B).
(3) Extent of Nondisclosure. An order entered under this section may direct that the information
not be disclosed to (A) anyone other than the judge and counsel; (B) anyone other than the judge,
counsel, and the defendant; or (C) anyone other than the judge, counsel, the defendant, and other
persons specified in the order. If the court permits disclosure to counsel but not the defendant,
the court shall direct counsel not to disclose the information to the defendant, except pursuant to
further order of the court.
(4) Modification of Order. The court may modify the order to restrict or allow disclosure of juror
information at any time.
Committee note. -- Restrictions on the disclosure of the names and city or town of residence of
jurors should be reserved for those cases raising special and legitimate concerns of jury safety,
tampering, or undue harassment. See United States v. Deitz, 577 F.3rd 672 (6th Cir. 2009);
United States v. Quinones, 511 F.3d 289 (2nd Cir. 2007). When dealing with the issues of juror
security or tampering, courts have considered a mix of five factors in deciding whether such
information may be shielded: (1) the defendant's involvement in organized crime, (2) the
defendant's participation in a group with the capacity to harm jurors, (3) the defendant's past
attempts to interfere with the judicial process, (4) the potential that, if convicted, the defendant
will suffer a lengthy incarceration, and (5) extensive publicity that could enhance the possibility
that jurors' names would become public and expose them to intimidation or harassment. See
United States v. Ochoa-Vasquez, 428 F.3rd 1015 (11th Cir. 2005); United States v. Ross, 33
F.3rd 1507 (11th Cir. 1994). Although the possibility of a lengthy incarceration is a factor for the
court to consider the court should not shield that information on that basis alone. In particularly
high profile cases where strong public opinion about a pending case is evident,the prospect of
undue harassment, not necessarily involving juror security or any deliberate attempt at
tampering, may also be of concern.
(e) Examination and challenges for cause.
(2) Challenges for cause. A party may challenge an individual qualified juror for cause. A
cause shown.
(f) Peremptory challenges. Before the exercise of peremptory challenges, the trial judge shall
designate those individuals on the jury list who remain qualified after examination. The number
designated shall be sufficient to provide the required number of sworn jurors, including any
alternates, after allowing for the exercise of peremptory challenges pursuant to Rule 4-313. The
judge shall at the same time prescribe the order to be followed in selecting individuals from the
list.
(g) Impaneled jury.
(1) Impaneling. The individuals to be impaneled as sworn jurors, including any alternates, shall
perform jury service with an alternate in the order of selection set under section (e). When the
jury retires to consider its verdict, the trial judge shall discharge any remaining alternates who
did not replace another jury member.
(h) Foreperson. The trial judge shall designate a sworn juror as foreperson.
HISTORY: (Amended April 7, 1986, effective July 1, 1986; December 10, 1996, effective July
1, 1997; October 31, 2002, effective January 1, 2003; December 4, 2007, effective January 1,
2008; June 7, 2011, effective September 1, 2011.)
MARYLAND RULES
Md. Rule 4-313 (2012)
Rule 4-313. Peremptory challenges
(a) Number.
(1) Generally. Except as otherwise provided by this section, each party is permitted four
peremptory challenges.
(2) Cases involving death or life imprisonment. Each defendant who is subject on any single
count to a sentence of death or life imprisonment, except when charged with a common law
offense for which no specific penalty is provided by statute, is permitted 20 peremptory
challenges and the State is permitted ten peremptory challenges for each defendant.
(3) Cases involving imprisonment for 20 years or more, but less than life. Each defendant who is
subject on any single count to a sentence of imprisonment for 20 years or more, but less than life,
except when charged with a common law offense for which no specific penalty is provided by
statute, is permitted ten peremptory challenges and the State is permitted five peremptory
challenges for each defendant.
(4) Alternate jurors. For each alternate juror to be selected, the State is permitted one additional
peremptory challenge for each defendant and each defendant is permitted two additional
peremptory challenges. The additional peremptory challenges may be used only against alternate
jurors, and other peremptory challenges allowed by this section may not be used against alternate
jurors.
(b) Exercise of challenges.
(1) By alternating challenges. On request of any party for alternating challenges, the clerk shall
call each qualified juror individually in the order previously designated by the court. When the
first qualified juror is called, the State shall indicate first whether that qualified juror is
challenged or accepted. When the second qualified juror is called, the defendant shall indicate
first whether that qualified juror is challenged or accepted. When the third qualified juror is
called, the State shall again indicate first whether that qualified juror is challenged or accepted,
and the selection of a jury shall continue with challenges being exercised alternately in this
fashion until the jury has been selected.
(2) By simultaneous striking from a list. If no request is made for alternating challenges, each
party shall exercise its challenges simultaneously by striking names from a copy of the jury list.
(3) Remaining challenges. After the required number of qualified jurors has been called, a party
may exercise any remaining peremptory challenges to which the party is entitled at any time
before the jury is sworn, except that no challenge to the first 12 qualified jurors shall be
permitted after the first alternate juror is called.
1992; Nov. 12, 2003, effective Jan. 1, 2004; Dec. 4, 2007, effective Jan. 1, 2008.)
MARYLAND RULES
Md. Rule 4-314 (2012)
Rule 4-314. Defense of not criminally responsible
(a) Bifurcation of trial.
(1) Who may request. If a defendant has entered pleas of both not guilty and not criminally
responsible by reason of insanity and has elected a jury trial, the defendant or the State may
move for a bifurcated trial in which the issue of criminal responsibility will be heard and
determined separately from the issue of guilt.
(2) Time for filing motion. A motion for a bifurcated trial shall be filed no later than 15 days
before trial, unless otherwise ordered by the court.
(3) Granting of motion.
(A) The court shall grant a motion made by the defendant unless it finds and states on the record
a compelling reason to deny the motion.
(B) The court may grant a motion made by the State if it finds and states on the record (i) a
compelling reason to bifurcate the trial and (ii) that the defendant will not be substantially
prejudiced by the bifurcation.
Cross references. -- See Treece v. State, 313 Md. 665 (1988). For victim notification procedures,
see Code, Criminal Procedure Article, 3-123 and 11-104.
(4) If a plea of guilty is entered. If the defendant has entered pleas of both guilty and not
criminally responsible by reason of insanity and the court has accepted the guilty plea, there shall
be a trial on the issue of criminal responsibility unless the State stipulates to a finding that the
defendant is not criminally responsible. Notwithstanding any other provisions of law, the
defendant may appeal from the judgment, but only on the issue of criminal responsibility.
Cross references. -- Code, Courts Article, 12-302 (e).
Committee note. -- This Rule is not intended to affect a defendant's right to seek review of a
judgment entered pursuant to a guilty plea by application for leave to appeal.
(b) Procedure for bifurcated trial.
(1) Generally. For purposes of this Rule, a bifurcated trial is a single continuous trial in two
stages.
(2) Sequence. The issue of guilt shall be tried first. The issue of criminal responsibility shall be
tried as soon as practicable after the jury returns a verdict of guilty on any charge. The trial shall
not be recessed except for good cause shown.
(3) Examination of jurors. The court shall inform qualified jurors before examining them
pursuant to Rule 4-312 (e) that the issues of guilt or innocence and whether, if guilty, the
defendant is criminally responsible will be tried in two stages. The examination of qualified
jurors shall encompass all issues raised.
(4) Appointment of alternate jurors. The court shall appoint at least two alternate jurors, who
shall be retained throughout the trial.
(5) Trial of issue of criminal responsibility.
(A) Except as otherwise provided in paragraph (B) or (C) of this subsection, the issue of
criminal responsibility shall be tried before the same jury that tried the issue of guilt. Any juror
who dies, becomes incapacitated or disqualified, or is otherwise discharged before the jury
begins to deliberate in the criminal responsibility stage shall be replaced by an alternate juror in
the order of selection.
(B) The defendant may move to have the issue of criminal responsibility tried without a jury by
the judge who presided over the first stage of the trial. The court shall grant a motion made by
the defendant unless it finds and states on the record a compelling reason to deny the motion.
(C) If an appellate court affirms the judgment of guilt but remands for a new trial on the issue of
criminal responsibility, that issue shall be re-tried by a jury impaneled for the purpose or by the
court pursuant to paragraph (B) of this subsection.
(6) Order of proof.
(A) Evidence of mental disorder or mental retardation as defined in Code, Health General
Article, 12-108 shall not be admissible in the guilt stage of the trial for the purpose of
establishing the defense of lack of criminal responsibility. This evidence shall be admissible for
that purpose only in the second stage following a verdict of guilty.
(B) In the criminal responsibility stage of the trial, the order of proof and argument shall reflect
that the defendant has the burden of establishing the lack of criminal responsibility. The
defendant and the State may rely upon evidence admitted during the first stage and may recall
witnesses.
(7) Motion by State. The State may move for judgment on the issue of criminal responsibility at
the close of the evidence offered by the defendant. In ruling on the motion, the court shall
consider all evidence and inferences in the light most favorable to the defendant. The court may
grant the motion if it finds no legally sufficient evidence from which a rational trier of fact could
find that the defendant was not criminally responsible.
(c) Closing argument absent bifurcation. If the trial is not bifurcated, the order of closing
argument shall be as follows:
(1) The State may argue issues relating both to guilt and criminal responsibility;
(2) The defendant may argue issues relating both to guilt and criminal responsibility;
(3) The State may rebut the argument made by the defendant; and
(4) If the State makes a rebuttal argument on the issue of criminal responsibility, the defendant
may make a surrebuttal argument limited to that issue.
HISTORY: (Added June 28, 1989, effective July 1, 1989; Dec. 4, 2007, effective Jan. 1, 2008;
amended Sept. 10, 2009, effective Oct. 1, 2009; June 7, 2011, effective July 1, 2011.)
MARYLAND RULES
Md. Rule 4-321 (2012)
Rule 4-321. Exclusion of witnesses
MARYLAND RULES
Md. Rule 4-322 (2012)
Rule 4-322. Exhibits, computer-generated evidence, and recordings

(b) Preservation of computer-generated evidence. A party who offers or uses computer-generated

Cross references. -- For the definition of "computer-generated evidence, " see Rule 2-504.3.
Committee note. -- This section requires the proponent of computer-generated evidence to

reduce the computer-generated evidence to a medium that allows review on appeal. The medium
used will depend upon the nature of the computer-generated evidence and the technology
available for preservation of that computer-generated evidence. No special arrangements are
needed for preservation of computer-generated evidence that is presented on paper or through
spoken words. Ordinarily, the use of technology that is in common use by the general public at
the time of the hearing or trial will suffice for preservation of other computer generated evidence.
However, when the computer-generated evidence involves the creation of a three-dimensional
image or is perceived through a sense other than sight or hearing, the proponent of the computer-
generated evidence must make other arrangements for preservation of the computer-generated
evidence and any subsequent presentation of it that may be required by an appellate court.
(c) Audio, audiovisual, or visual recordings.
or trial shall:
to the court.
HISTORY: (Added June 3, 1988, effective July 1, 1988; amended June 5, 1996, effective Jan. 1,
1997; Feb. 10, 1998, effective July 1, 1998; amended Sept. 10, 2009, effective Oct. 1, 2009.)
MARYLAND RULES
Md. Rule 4-323 (2012)
fulfilled.
necessary.
MARYLAND RULES
Md. Rule 4-324 (2012)
Rule 4-324. Motion for judgment of acquittal.
(a) Generally. A defendant may move for judgment of acquittal on one or more counts, or on
one or more degrees of an offense which by law is divided into degrees, at the close of the
evidence offered by the State and, in a jury trial, at the close of all the evidence. The defendant
shall state with particularity all reasons why the motion should be granted. No objection to the
motion for judgment of acquittal shall be necessary. A defendant does not waive the right to
make the motion by introducing evidence during the presentation of the State's case.
(b) Action by the court. If the court grants a motion for judgment of acquittal or determines on its
own motion that a judgment of acquittal should be granted, it shall enter the judgment or direct
the clerk to enter the judgment and to note that it has been entered by direction of the court. The
court shall specify each count or degree of an offense to which the judgment of acquittal applies.
Cross references. -- Article 23 of the Maryland Declaration of Rights and Code, Criminal
Procedure Article, 6-104.
(c) Effect of denial. A defendant who moves for judgment of acquittal at the close of evidence
offered by the State may offer evidence in the event the motion is not granted, without having
doing, the defendant withdraws the motion.
HISTORY: (Amended Jan. 8, 2002, effective Feb. 1, 2002.)
MARYLAND RULES
Md. Rule 4-325 (2012)
appropriate. In its discretion the court may also give opening and interim instructions.
(c) How given. The court may, and at the request of any party shall, instruct the jury as to the
applicable law and the extent to which the instructions are binding. The court may give its
instructions orally or, with the consent of the parties, in writing instead of orally. The court need
not grant a requested instruction if the matter is fairly covered by instructions actually given.
witnesses.
(e) Objection. No party may assign as error the giving or the failure to give an instruction unless
court shall receive objections out of the hearing of the jury. An appellate court, on its own
initiative or on the suggestion of a party, may however take cognizance of any plain error in the
instructions, material to the rights of the defendant, despite a failure to object.
(f) Argument. Nothing in this Rule precludes any party from arguing that the law applicable to
the case is different from the law described in the instructions of the court stated not to be
binding.
MARYLAND RULES
Md. Rule 4-326 (2012)
deliberation. Unless the court for good cause orders otherwise, the jury may also take the
charging document and exhibits that have been admitted in evidence, except that a deposition
may not be taken into the jury room without the agreement of all parties and the consent of the
court. Electronically recorded instructions or oral instructions reduced to writing may be taken
into the jury room only with the permission of the court. On request of a party or on the court's
own initiative, the charging documents shall reflect only those charges on which the jury is to
deliberate. The court may impose safeguards for the preservation of the exhibits and the safety of
the jury.
same factual issue.
(d) Communications with jury. The court shall notify the defendant and the State's Attorney of
the receipt of any communication from the jury pertaining to the action as promptly as
practicable and in any event before responding to the communication. All such communications
between the court and the jury shall be on the record in open court or shall be in writing and filed
in the action. The clerk or the court shall note on a written communication the date and time it
was received from the jury.
MARYLAND RULES
Md. Rule 4-327 (2012)
Rule 4-327. Verdict -- Jury
(a) Return. The verdict of a jury shall be unanimous and shall be returned in open court.
(b) Sealed verdict. With the consent of all parties, the court may
authorize the rendition of a sealed verdict during a temporary adjournment of
court. A sealed verdict shall be in writing and shall be signed by each member
of the jury. It shall be sealed in an envelope by the foreperson of the jury
who shall write on the outside of the envelope "Verdict Case No. ........"
"State of Maryland vs. .................................................." and
deliver the envelope to the clerk. The jury shall not be discharged, but the
clerk shall permit the jury to separate until the court is again in session at
which time the jury shall be called and the verdict opened and received as
other verdicts.
(c) Two or more defendants. When there are two or more defendants, the jury may return a
verdict with respect to a defendant as to whom it has agreed, and any defendant as to whom the
jury cannot agree may be tried again.
(d) Two or more counts. When there are two or more counts, the jury may return a verdict with
respect to a count as to which it has agreed, and any count as to which the jury cannot agree may
be tried again.
(e) Poll of jury. On request of a party or on the court's own initiative, the jury shall be polled
after it has returned a verdict and before it is discharged. If the sworn jurors do not unanimously
concur in the verdict, the court may direct the jury to retire for further deliberation, or may
discharge the jury if satisfied that a unanimous verdict cannot be reached.
Dec. 10, 1996, effective July 1, 1997; Dec. 2, 2004, effective July 1, 2005; Dec. 4, 2007,
effective Jan. 1, 2008; June 7, 2011, effective July 1, 2011.)
MARYLAND RULES
Md. Rule 4-328 (2012)
Rule 4-328. Verdict -- Court
The District Court or a circuit court sitting without a jury shall render a verdict upon the facts
and the law. Although not required, the court may state the grounds for its decision either in open
court or by written memorandum.
MARYLAND RULES
Md. Rule 4-329 (2012)
Rule 4-329. Advice of Expungement.
When all of the charges in a criminal case against a defendant are disposed of by acquittal,
dismissal, probation before judgment, nolle prosequi, or stet, the court shall advise the defendant
that the defendant may be entitled to expunge the records relating to the charge or charges
against the defendant in accordance with Code, Criminal Procedure Article, Title 10, Subtitle 1
and Title 4, Chapter 500 of these Rules. If the defendant is not present, and the case has been
disposed of by dismissal, nolle prosequi, or stet, the advice of expungement shall be included in
the notice to the defendant required by Rules 4-247 and 4-248.
HISTORY: (Added April 5, 2005, effective July 1, 2005.)
MARYLAND RULES
Md. Rule 4-331 (2012)
Rule 4-331. Motions for new trial; revisory power

(a) Within ten days of verdict. On motion of the defendant filed within ten days after a verdict,
the court, in the interest of justice, may order a new trial.
Cross references. -- For the effect of a motion under this section on the time for appeal see Rules
7-104 (b) and 8-202 (b).
(b) Revisory power. The court has revisory power and control over the judgment to set aside an
unjust or improper verdict and grant a new trial:
(1) in the District Court, on motion filed within 90 days after its imposition of sentence if an
appeal has not been perfected;
(2) in the circuit courts, on motion filed within 90 days after its imposition of sentence.
Thereafter, the court has revisory power and control over the judgment in case of fraud, mistake,
or irregularity.
(c) Newly discovered evidence. The court may grant a new trial or other appropriate relief on the
ground of newly discovered evidence which could not have been discovered by due diligence in
time to move for a new trial pursuant to section (a) of this Rule:
(1) on motion filed within one year after the date the court imposed sentence or the date it
received a mandate issued by the Court of Appeals or the Court of Special Appeals, whichever is
later;
(2) on motion filed at any time if a sentence of death was imposed and the newly discovered
evidence, if proved, would show that the defendant is innocent of the capital crime of which the
defendant was convicted or of an aggravating circumstance or other condition of eligibility for
the death penalty actually found by the court or jury in imposing the death sentence;
(3) on motion filed at any time if the motion is based on DNA identification testing not subject
to the procedures of Code, Criminal Procedure Article, 8-201 or other generally accepted
scientific techniques the results of which, if proved, would show that the defendant is innocent of
the crime of which the defendant was convicted.
Committee note. -- Newly discovered evidence of mitigating circumstances does not entitle a
defendant to claim actual innocence. See Sawyer v. Whitley, 112 S. Ct. 2514 (1992).
(d) DNA evidence. If the defendant seeks a new trial or other appropriate relief under Code,
Criminal Procedure Article, 8-201, the defendant shall proceed in accordance with Rules 4-701
through 4-711. On motion by the State, the court may suspend proceedings on a motion for new
trial or other relief under this Rule until the defendant has exhausted the remedies provided by
Rules 4-701 through 4-711.
Cross references. -- For retroactive applicability of Code, Criminal Procedure Article, 8-201,
see Thompson v. State, 411 Md. 664 (2009).
(e) Form of motion. A motion filed under this Rule shall (1) be in writing, (2) state in detail the
grounds upon which it is based, (3) if filed under section (c) of this Rule, describe the newly
discovered evidence, and (4) contain or be accompanied by a request for hearing if a hearing is
sought.
(f) Disposition. The court may hold a hearing on any motion filed under this Rule. Subject to
section (d) of this Rule, the court shall hold a hearing on a motion filed under section (c) if a
hearing was requested and the court finds that: (1) if the motion was filed pursuant to subsection
(c) (1) of this Rule, it was timely filed, (2) the motion satisfies the requirements of section (e) of
this Rule, and (3) the movant has established a prima facie basis for granting a new trial. The
court may revise a judgment or set aside a verdict prior to entry of a judgment only on the record
in open court. The court shall state its reasons for setting aside a judgment or verdict and
granting a new trial.
Cross references. -- Code, Criminal Procedure Article, 6-105, 6-106, 11-104, and 11-503.
1997; Apr. 8, 1997, effective July 1, 1997; Oct. 5, 1999; Nov. 1, 2001, effective Jan. 1, 2002;
Jan. 8, 2002, effective Feb. 1, 2002; amended Sept. 10, 2009, effective Oct. 1, 2009; amended
March 9, 2010, effective July 1, 2010.)
MARYLAND RULES
Md. Rule 4-332 (2012)
Rule 4-332. Writ of actual innocence
(a) Scope. This Rule applies to an action seeking a writ of actual innocence as provided by
Code, Criminal Procedure Article, 8- 301.
(b) Filing; caption. An action for a writ of actual innocence is commenced by the filing of a
petition in the court where the conviction took place. The caption of the petition shall state the
number of the criminal case to which the petition relates. If practicable, the petition shall be filed
in the criminal action.
(c) Timing. A petition under this Rule may be filed at any time.
(d) Content of petition. The petition shall be in writing, shall be signed by the petitioner or the
petitioner's attorney, and shall state:
(1) the court in which the indictment or criminal information was filed and the file number of
that case;
(2) if the case was removed to another court for trial, the identity of that court;
(3) each offense of which the petitioner was convicted, the date of the judgment of conviction,
and the sentence imposed;
(4) if the judgment was appealed, the case number in the appellate court, a concise description
of the issues raised in the appeal, the result, and the date of the appellate court's mandate;
(5) for each motion or petition for post-judgment relief, the court in which the motion or petition
was filed, the case number assigned to each proceeding, a concise description of the issues
raised, the result, and the date of disposition;
(6) that the request for relief is based on newly discovered evidence which, with due diligence,
could not have been discovered in time to move for a new trial pursuant to Rule 4-331;
(7) a description of the newly discovered evidence, how and when it was discovered, why it
could not have been discovered earlier, and, if the issue of whether the evidence could have been
discovered in time to move for a new trial pursuant to Rule 4-331 was raised or decided in any
earlier appeal or postjudgment proceeding, the identity of the appeal or proceeding and the
decision on that issue;
(8) that the newly discovered evidence creates a substantial or significant possibility, as that
standard has been judicially determined, that the result may have been different, and the basis for
that statement;
(9) that the conviction sought to be vacated is based on an offense that the petitioner did not
commit;
(10) if the petitioner is not already represented by counsel, whether the petitioner desires to have
counsel appointed by the court and, if so, facts establishing indigency;
(11) that a copy of the petition, together with all attachments, was mailed to the State's Attorney
of the county in which the petition was filed;
(12) the relief requested; and
(13) whether a hearing is requested.
(e) Notices.
(1) To State's Attorney. The petitioner shall send a copy of the petition with all attachments to
the State's Attorney of the county in which the petition was filed.
(2) To victim or victim's representative. Upon receipt of the petition, the State's Attorney shall
notify any victim or victim's representative of the filing of the petition, as provided by Code,
Criminal Procedure Article, 11- 104 or 11-503.
(3) To Public Defender. If the petitioner has requested an attorney and has alleged inability to
employ one, the court shall send a copy of the petition and attachments to the Collateral Review
Division of the Office of the Public Defender.
(f) Response by State's Attorney. Within 90 days after receipt of the petition and attachments, the
State's Attorney shall file a response, serve a copy on the petitioner, and, if indigency is alleged,
send a copy to the Collateral Review Division of the Office of the Public Defender.
(g) Response by Public Defender. Within 30 days after the State files its response, or, if no
response is timely filed, the expiration of the time allowed for the State's response in section (f)
of this Rule, the Office of the Public Defender shall (1) enter its appearance, (2) notify the court
in writing that it declines to provide representation to the petitioner, or (3) request from the court
an extension of the time for deciding whether to provide representation to the petitioner and state
a specific reason for the request.
(h) Amendments. Amendments to the petition shall be freely allowed in order to do substantial
justice. If an amendment is made, the court shall allow the State a reasonable opportunity to
respond to the amendment.
(i) Dismissal of petition; appointment of counsel.
(1) Dismissal of petition. Upon consideration of the petition and the State's response, the court
may (A) dismiss the petition if it finds as a matter of law that the petition fails to comply
substantially with the requirements of section (d) of this Rule or otherwise fails to assert grounds
on which relief may be granted or (B) grant leave to amend the petition to correct the deficiency.
If the court finds a lack of proper venue, the court shall transfer the petition to the court with
proper venue.
(2) Appointment of counsel. If the court finds that a petitioner who has requested the
appointment of counsel is indigent and the Office of the Public Defender has declined to provide
representation, the court may appoint counsel after the State has filed its response unless (A) the
court denies the petition as a matter of law or (B) counsel has already filed an appearance to
represent the petitioner.
(j) Hearing.
(1) When required. Except as provided in subsection (i)(1) of this Rule, the court shall hold a
hearing on the petition if the petition substantially complies with the requirements of section (d)
of this Rule and a hearing was requested.
(2) Right of victim or victim's representative to attend. A victim or victim's representative has the
right to attend a hearing on the petition as provided under Code, Criminal Procedure Article,
11-102.
(k) Burden of proof. The petitioner has the burden of proof to establish a right to relief.
(l) Ruling.
(1) Actions of court. If the court finds that the petitioner is entitled to relief, it may set aside the
verdict or judgment of conviction, grant a new trial, re-sentence the petitioner, or correct the
sentence.
(2) Reasons for ruling. The court shall state the reasons for its ruling on the record.
HISTORY: (Added Sept. 8, 2011, effective Oct. 1, 2011.)
MARYLAND RULES
Md. Rule 4-340 (2012)
Rule 4-340. Procedures required after sentencing in drug crime cases
(a) Applicability. This Rule applies to a defendant convicted of a drug crime, as defined in
Code, Criminal Law Article, 5-810, committed on or after January 1, 1991. Title 5 of these
rules does not apply to the determinations required to be made by the court under this Rule.
(b) Definitions. As used in this Rule:
(1) "conviction" includes probation on stay of entry of judgment pursuant to Code, Criminal
Procedure Article, 6-220; and
(2) "license" means a State-issued license as defined in Code, Article 41, 1-501.
(c) Preliminary determinations by court. Immediately after sentencing the defendant, the court
shall determine from evidence in the case or from evidence or information supplied by the State's
Attorney, the Division of Parole and Probation, or the defendant:
(1) whether the defendant holds a license; and
(2) if so, whether the defendant has been previously convicted of a drug crime committed on or
after January 1, 1991.
(d) Automatic reporting where prior conviction exists. If the defendant has a license and such a
prior conviction, the court shall direct the clerk to certify and report the current conviction and
licensing information required by Code, Criminal Law Article, 5-810 to the appropriate
licensing authority.
(e) Determination by court where no prior conviction exists. If the defendant holds a license but
has no such prior conviction the court shall determine whether, prima facie, there is a
relationship between the current conviction and the license, including:
(1) the defendant's ability to perform the tasks authorized by the license;
(2) whether the public will be protected if the defendant continues to perform the tasks
authorized by the license;
(3) whether the nature and circumstances of the drug crime warrant referral to the licensing
authority; and
(4) any other facts that the court deems relevant.
(f) Reporting. If the court determines that there is a relationship between the conviction and a
license, the court shall direct the clerk to certify and report the current conviction and the
licensing information required by Code, Criminal Law Article, 5-810 to the appropriate
licensing authority. If the court determines that there is no relationship between the conviction
and a license, no report shall be issued to the licensing authority.
HISTORY: (Added May 9, 1991, effective July 1, 1991; amended Dec. 15, 1993, effective July
1, 1994; Jan. 8, 2002, effective Feb. 1, 2002; Oct. 31, 2002, effective Jan. 1, 2003.)
MARYLAND RULES
Md. Rule 4-341 (2012)
Rule 4-341. Sentencing -- Presentence investigation and report
Before imposing a sentence, the court in accordance with Code, Correctional Services Article,
6-112 (c) and Code, Criminal Procedure Article, 11-727 shall, and in other cases may, order
a presentence investigation and report. A copy of the report, including any recommendation to
the court, shall be mailed or otherwise delivered to the defendant or counsel and to the State's
Attorney in sufficient time before sentencing to afford a reasonable opportunity for the parties to
investigate the information in the report. Except for any portion of a presentence report that is
admitted into evidence, the presentence report, including any recommendation to the court, is not
a public record and shall be kept confidential as provided in Code, Correctional Services Article,
6-112.
HISTORY: (Amended July 27, 1987, effective Aug. 17, 1987; June 8, 1998, effective Oct. 1,
1998; May 9, 2000, effective July 1, 2000; Oct. 31, 2002, effective Jan. 1, 2003; Dec. 4, 2007,
MARYLAND RULES
Md. Rule 4-342 (2012)
Rule 4-342. Sentencing -- Procedure in non-capital cases
(a) Applicability. This Rule applies to all cases except those governed by Rule 4-343.
Cross references. -- For procedures pertaining to collection of DNA samples from an individual
convicted of a felony or a violation of Code, Criminal Law Article, 6-205 or 6-206, see Code,
Public Safety Article, 2-504.
(b) Statutory sentencing procedure. When a defendant has been found guilty of murder in the
first degree and the State has given timely notice of intention to seek a sentence of imprisonment
for life without the possibility of parole, but has not given notice of intention to seek the death
penalty, the court shall conduct a sentencing proceeding, separate from the proceeding at which
the defendant's guilt was adjudicated, as soon as practicable after the trial to determine whether
to impose a sentence of imprisonment for life or imprisonment for life without parole.
Cross references. -- Code, Criminal Law Article, 2-201, 2-202 (b)(3), 2-203, and 2-304.
(c) Judge. If the defendant's guilt is established after a trial has commenced, the judge who
presided shall sentence the defendant. If a defendant enters a plea of guilty or nolo contendere
before trial, any judge may sentence the defendant except that, the judge who directed entry of
the plea shall sentence the defendant if that judge has received any matter, other than a statement
of the mere facts of the offense, which would be relevant to determining the proper sentence.
This section is subject to the provisions of Rule 4-361.
(d) Presentence disclosures by the State's Attorney. Sufficiently in advance of sentencing to

afford the defendant a reasonable opportunity to investigate, the State's Attorney shall disclose to
the defendant or counsel any information that the State expects to present to the court for
consideration in sentencing. If the court finds that the information was not timely provided, the
court shall postpone sentencing.
(e) Notice and right of victim to address the court.
(1) Notice and determination. Notice to a victim or a victim's representative of proceedings under
this Rule is governed by Code, Criminal Procedure Article, 11-104 (e). The court shall
determine whether the requirements of that section have been satisfied.
(2) Right to address the court. The right of a victim or a victim's representative to address the
court during a sentencing hearing under this Rule is governed by Code, Criminal Procedure
Article, 11-403.
Cross references. -- See Code, Criminal Procedure Article, 11-103 (b) and 11-403 (e)
concerning the right of a victim or victim's representative to file an application for leave to
appeal under certain circumstances.
(f) Allocution and information in mitigation. Before imposing sentence, the court shall afford the
defendant the opportunity, personally and through counsel, to make a statement and to present
information in mitigation of punishment.
(g) Reasons. The court ordinarily shall state on the record its reasons for the sentence imposed.
Cross references. -- For factors related to drug and alcohol abuse treatment to be considered by
the court in determining an appropriate sentence, see Code, Criminal Procedure Article, 6-231.
For procedures to commit a defendant who has a drug or alcohol dependency to a treatment
program in the Department of Health and Mental Hygiene as a condition of release after
conviction, see Code, Health General Article, 8-507.
(h) Credit for time spent in custody. Time spent in custody shall be credited against a sentence
pursuant to Code, Criminal Procedure Article, 6-218.
(i) Advice to the defendant.
(1) At the time of imposing sentence, the court shall cause the defendant to be advised of: (A)
any right of appeal, (B) any right of review of the sentence under the Review of Criminal
Sentences Act, (C) any right to move for modification or reduction of the sentence, (D) any right
to be represented by counsel, and (E) the time allowed for the exercise of these rights.
(2) At the time of imposing a sentence of incarceration for a violent crime as defined in Code,
Correctional Services Article, 7-101 and for which a defendant will be eligible for parole as
provided in 7-301 (c) or (d) of the Correctional Services Article, the court shall state in open
court the minimum time the defendant must serve for the violent crime before becoming eligible
for parole or for conditional release under mandatory supervision pursuant to Code, Correctional
Services Article, 7-501.
(3) The circuit court shall cause the defendant who was sentenced in circuit court to be advised
that within ten days after filing an appeal, the defendant must order in writing a transcript from
the court reporter.
Cross references. -- Code, Criminal Procedure Article, 8-102 -- 8-109.
Committee note. -- Code, Criminal Procedure Article, 6-217 provides that the court's statement
of the minimum time the defendant must serve for the violent crime before becoming eligible for
parole is for informational purposes only and may not be considered a part of the sentence, and
the failure of a court to comply with this requirement does not affect the legality or efficacy of
the sentence imposed.
(j) Terms for release. On request of the defendant, the court shall determine the defendant's
eligibility for release under Rule 4-349 and the terms for any release.
(k) Restitution from a parent. If restitution from a parent of the defendant is sought pursuant to
Code, Criminal Procedure Article, 11-604, the State shall serve the parent with notice of
intention to seek restitution and file a copy of the notice with the court. The court may not enter a
judgment of restitution against the parent unless the parent has been afforded a reasonable
opportunity to be heard and to present evidence. The hearing on parental restitution may be part
of the defendant's sentencing hearing.
(l) Recordation of restitution.
(1) Circuit court. Recordation of a judgment of restitution in the circuit court is governed by
Code, Criminal Procedure Article, 11-608 and 11-609 and Rule 2-601.
(2) District Court. Upon the entry of a judgment of restitution in the District Court, the Clerk of
the Court shall send the written notice required under Code, Criminal Procedure Article, 11-
610 (e). Recordation of a judgment of restitution in the District Court is governed by Code,
Criminal Procedure Article, 11-610 and 11-612 and Rule 3-621.
HISTORY: (Amended July 27, 1987, effective Aug. 17, 1987; June 28, 1988, effective July 1,
1988; Nov. 22, 1989, effective Jan. 1, 1990; Nov. 1, 1991, effective Jan. 1, 1992; June 8, 1998,
effective Oct. 1, 1998; Oct. 5, 1999; Jan. 8, 2002, effective Feb. 1, 2002; Oct. 31, 2002, effective
Jan. 1, 2003; Nov. 12, 2003, effective Jan. 1, 2004; April 5, 2005, effective July 1, 2005;
amended Nov. 8, 2005, effective Jan. 1, 2006; May 8, 2007, effective July 1, 2007; June 16,
2009, effective June 17, 2009; amended Sept. 10, 2009, effective Oct. 1, 2009; amended March
9, 2010, effective July 1, 2010.)
MARYLAND RULES
Md. Rule 4-343 (2012)
Rule 4-343. Sentencing -- Bifurcated procedure in capital cases
(a) Applicability. This Rule applies when:
(1) a sentence of death is sought under Code, Criminal Law Article, 2-303; and
(2) the defendant has been found guilty of murder in the first degree, the State has given the
notice required under Code, Criminal Law Article, 2-202 (a), and the defendant may be subject
to a sentence of death.
(b) Statutory sentencing procedure; bifurcation of proceeding. A sentencing proceeding, separate

from the proceeding at which the defendant's guilt was adjudicated, shall be conducted as soon
as practicable after the trial pursuant to the provisions of Code, Criminal Law Article, 2-303
and this Rule. Upon recording the verdicts returned by the jury or judge, the court shall bifurcate
the sentencing proceeding into two phases. A Phase I Findings form required by section (h) of
this Rule and, if necessary, a separate Phase II Findings and Sentencing Determination form
required by section (i) of this Rule shall be completed with respect to each death for which the
defendant is subject to a sentence of death.
(c) Presentence disclosures by the State's Attorney. If not previously disclosed pursuant to Rule
4-263, the State's Attorney shall disclose to the defendant or counsel, sufficiently in advance of
Phase I of the sentencing proceeding to afford the defendant a reasonable opportunity to
investigate, any information that the State expects to present to the court or jury for consideration
in sentencing. Upon request by the defendant, the court may postpone the sentencing proceeding
if the court finds that the defendant reasonably needs additional time to investigate the State's
disclosure.
(d) Reports of defendant's experts. Upon request by the State after the defendant has been found
guilty of murder in the first degree, the defendant shall produce and permit the State to inspect
and copy all written reports made in connection with the action by each expert the defendant
expects to call as a witness at the sentencing proceeding, including the results of any physical or
mental examination, scientific test, experiment, or comparison, and shall furnish to the State the
substance of any such oral report or conclusion. The defendant shall provide this information to
the State sufficiently in advance of Phase I of the sentencing proceeding to afford the State a
reasonable opportunity to investigate the information. Upon request by the State, the court may
postpone the sentencing proceeding if the court finds that the State reasonably needs additional
time to investigate the defendant's disclosure.
(e) Judge. Except as provided in Rule 4-361, the judge who presided at trial shall preside at both
phases of the sentencing proceeding.
(f) Notice and right of victim's representative to address the court or jury.
(1) Notice and determination. Notice to a victim's representative of proceedings under this Rule
is governed by Code, Criminal Procedure Article, 11-104 (e). The court shall assure that the
requirements of that section have been satisfied.
(2) Right to address the court or jury. The right of a victim's representative to address the court or
jury during a sentencing proceeding under this Rule is governed by Code, Criminal Procedure
Article, 11-403 and 11-404. That right may be exercised only during Phase II of the
sentencing proceeding.
Committee note. -- Code, Criminal Procedure Article, 11-404 permits the court (1) to hold a
hearing outside the presence of the jury to determine whether a victim's representative may
present an oral statement to the jury and (2) to limit any unduly prejudicial portion of the
proposed statement. See Payne v. Tennessee, 501 U.S. 808 (1991), generally permitting the
family members of a victim to provide information concerning the individuality of the victim and
the impact of the crime on the victim's survivors to the extent that the presentation does not
offend the Due Process Clause of the Fourteenth Amendment, but leaving undisturbed a
prohibition against information concerning the family member's characterization of and opinions
about the crime, the defendant, and the appropriate sentence.
Cross references. -- See Code, Criminal Procedure Article, 11-103 (b), 11-403 (e), and 11-404
(c) concerning the right of a victim's representative to file an application for leave to appeal
under certain circumstances.
(g) Allocution. Before sentence is determined, the court shall afford the defendant the
opportunity, personally and through counsel, to make a statement, and shall afford the State the
opportunity to respond. If the defendant elects to allocute during the sentencing proceeding, the
statements and response shall be made during Phase II of that proceeding.
Committee note. -- A defendant who elects to allocute may do so before or after the State's
rebuttal closing argument. If allocution occurs after the State's rebuttal closing argument, the
State may respond to the allocution.
(h) Phase I of sentencing proceeding.
(1) Issues, evidence, instruction, and argument. In Phase I of the Sentencing proceeding, only the
issues contained on the "Phase I Findings" form set forth in subsection (h)(2) of this Rule shall
be presented to the sentencing jury or judge for determination by special verdict. The Court shall
limit additional evidence, instructions, and argument in the Phase I proceeding to the issues
presented.
(2) Findings. The findings of the jury or judge in the Phase I proceeding shall be made in the
following form, except that the requirement of unanimity applies only if the issues are submitted
to a jury:
(CAPTION)
PHASE I FINDINGS
VICTIM: [Name of murder victim]
Based upon the evidence, we unanimously find that each of the following statements marked
"proved" has been proved BEYOND A REASONABLE DOUBT and that each of those
statements marked "not proved" has not been proved BEYOND A REASONABLE DOUBT.
1. At the time of the murder, the defendant was 18 years of age or older.
proved not
proved
2. The State has produced biological evidence or DNA evidence that links
the defendant to the act of murder.
proved not
proved
3. The State has produced a videotaped, voluntary interrogation and

confession of the defendant to the murder.
proved not
proved
4. The State has produced a video recording that conclusively links the
defendant to the murder.
proved not
proved
5. The State has not relied solely on evidence provided by eyewitnesses.

proved not
proved
6. The defendant was a principal in the first degree to the murder.
proved not
proved
7. The defendant engaged or employed another person to commit the murder

and the murder was committed under an agreement or contract for remuneration
or the promise of remuneration.
proved not
proved
8. The victim was a law enforcement officer who, while in the performance
of the officer's duties, was murdered by one or more persons, and the
defendant was a principal in the second degree who: (A) willfully,
deliberately, and with premeditation intended the death of the law enforcement
officer; (B) was a major participant in the murder; and (C) was actually
present at the time and place of the murder.
proved not
proved
Foreperson Juror 7
Juror 2 Juror 8
Juror 3 Juror 9
Juror 4 Juror 10
Juror 5 Juror 11
Juror 6 Juror 12
or,
JUDGE
(3) Entry of findings. If the Phase I findings were made by a jury, the
written findings shall be returned to the court and entered as special
verdicts. If the findings were made by a judge, they shall be entered in the
record.
(i) Phase II of sentencing proceeding.
(1) Findings and sentencing determinations.
(A) In Phase II, subject to the deletions permitted or required by section

(j) of this Rule, the sentencing jury or judge shall complete the Phase II
Findings and Sentencing Determination form set forth in this section if on the
Phase I Findings form:
(i) the statement numbered 1, if submitted to the sentencing authority,
was marked "proved;"
(ii) at least one of the statements numbered 2, 3, or 4 was marked

"proved;"
(iii) the statement numbered 5 was marked "proved;" and
(iv) at least one of the statements numbered 6, 7, or 8 was marked

"proved."
(B) In all other cases, if the judge is the sentencing authority, the
judge shall enter a sentence of "Imprisonment for Life" and determine whether
the imprisonment shall be without the possibility of parole. If the jury is
the sentencing authority, the judge shall instruct the jury to enter a
sentence of "Imprisonment for Life," and to complete only Sections V and VI of
the Findings and Sentencing Determination form.
(2) Form of written Phase II findings and determinations. Except as

otherwise provided in section (j) of this Rule, the Phase II findings and
determinations shall be made in writing in the following form:
(CAPTION)
PHASE II
FINDINGS AND SENTENCING DETERMINATION
VICTIM: [Name of murder victim]
Section I
Based upon the evidence, we unanimously find that the following statement,
if marked "proved," has been proved BY A PREPONDERANCE OF THE EVIDENCE or
that, if marked "not proved," it has not been proved BY A PREPONDERANCE OF THE
EVIDENCE.
At the time the murder was committed, the defendant was mentally retarded.
proved not
proved
(If the above statement is marked "proved," proceed to Section V and enter
"Imprisonment for Life." If it is marked "not proved," complete Section II.)
Section II
(Aggravating Circumstances)
Based upon the evidence, we unanimously find that each of the following
aggravating circumstances that is marked "proved" has been proved BEYOND A
REASONABLE DOUBT and we unanimously find that each of the aggravating
circumstances marked "not proved" has not been proved BEYOND A REASONABLE
DOUBT.
1. The victim was a law enforcement officer who, while in the performance
of the officer's duties, was murdered by one or more persons.
proved not
proved
2. The defendant committed the murder while confined in a correctional

facility.
proved not
proved
3. The defendant committed the murder in furtherance of an escape from or

an attempt to escape from or evade the lawful custody, arrest, or detention of
or by an officer or guard of a correctional facility or by a law enforcement
officer.
proved not
proved
4. The victim was taken or attempted to be taken in the course of a

kidnapping or abduction or an attempt to kidnap or abduct.
proved not
proved
5. The victim was a child abducted in violation of Code, Criminal Law

Article, 3-503 (a)(1).
proved not
proved
6. The defendant committed the murder under an agreement or contract for

remuneration or the promise of remuneration to commit the murder.
proved not
proved
7. The defendant engaged or employed another person to commit the murder
and the murder was committed under an agreement or contract for remuneration
or the promise of remuneration.
proved not
proved
8. At the time of the murder, the defendant was under the sentence of
death or imprisonment for life.
proved not
proved
9. The defendant committed more than one offense of murder in the first
degree arising out of the same incident.
proved not
proved
10. The defendant committed the murder while committing or attempting to

commit a carjacking, armed carjacking, robbery, under Code, Criminal Law
Article, 3-402 or 3-403, arson in the first degree, rape in the first
degree, or sexual offense in the first degree.
proved not
proved
(If one or more of the above are marked "proved," complete Section III.)
(If all of the above are marked "not proved," do not complete Sections III
and IV but proceed to Section V, enter "Imprisonment for Life," and complete
Section VI.)
Section III
(Mitigating Circumstances)
From our consideration of the facts and circumstances of this case, we make
the following determinations as to mitigating circumstances:
1. The defendant has not previously (i) been found guilty of a crime of
violence; (ii) entered a plea of guilty or nolo contendere to a charge of a
crime of violence; or (iii) been granted probation before judgment for a crime
of violence.
(As used in the preceding paragraph, "crime of violence" means abduction,

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

the act which caused the victim's death.
(Mark only one.)

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

of another person, even though not so substantial as to constitute a complete
defense to the prosecution.
(Mark only one.)

fewer than all 12, that it is more likely than not that the above circumstance
exists.
4. The murder was committed while the capacity of the defendant to
appreciate the criminality of his or her conduct or to conform his or her
conduct to the requirements of law was substantially impaired as a result of
mental incapacity, mental disorder, or emotional disturbance.
(Mark only one.)

5. The defendant was of a youthful age at the time of the murder.
(Mark only one.)

6. The act of the defendant was not the sole proximate cause of the
victim's death.
(Mark only one.)


7. It is unlikely that the defendant will engage in further criminal

activity that would constitute a continuing threat to society.
(Mark only one.)

8. (a) We unanimously find that it is more likely than not that the
following additional mitigating circumstances exist:
(Use reverse side if necessary)
(b) One or more of us, but fewer than all 12, find that it is more likely
than not that the following additional mitigating circumstances exist:
(Use reverse side if necessary)
(If the jury unanimously determines in Section III that no mitigating

circumstances exist, do not complete Section IV. Proceed to Section V and
enter "Death." If the jury or any juror determines that one or more mitigating
circumstances exist, complete Section IV.)
Section IV
(Weighing of Aggravating and Mitigating Circumstances)
Each individual juror has weighed the aggravating circumstances found

unanimously to exist against any mitigating circumstances found unanimously to
exist, as well as against any mitigating circumstance found by that individual
juror to exist.
We unanimously find that the State has proved BY A PREPONDERANCE OF THE

EVIDENCE that the aggravating circumstances marked "proved" in Section II
outweigh the mitigating circumstances in Section III.
yes no
Section V
(Determination of Sentence of Death or Imprisonment for Life)
Enter the determination of sentence either "Imprisonment for Life" or

"Death" according to the following instructions:
1. If, based upon the special verdicts entered in Phase I, the court finds
or instructs the jury to enter "Imprisonment for Life," enter "Imprisonment
for Life."
2. If the answer in Section I is marked "proved," enter "Imprisonment for

Life."
3. If all of the answers in Section II are marked "not proved," enter
"Imprisonment for Life."
4. If Section III was completed and the judge, if sitting as the sentencing
body, or the jury unanimously determined that no mitigating circumstance
exists, enter "Death."
5. If Section IV was completed and marked "no," enter "Imprisonment for

Life."
6. If Section IV was completed and marked "yes," enter "Death."
We unanimously determine the sentence to be .
Section VI
(Parole Eligibility)
If "Imprisonment for Life" is entered in Section V or if the judge has

instructed you that the defendant's sentence is determined to be "Imprisonment
for Life," answer the following question:
Based upon the evidence, does the jury unanimously determine that the
sentence of imprisonment for life previously entered shall be without the
possibility of parole?
yes no
Foreperson Juror 7
Juror 2 Juror 8
Juror 3 Juror 9
Juror 4 Juror 10
Juror 5 Juror 11
Juror 6 Juror 12
or,
JUDGE
(j) Deletions from Phase II form. Section I of the Phase II form set forth
in section (i) of this Rule should not be submitted to the jury unless the
issue of mental retardation is generated by the evidence. Unless the defendant
requests otherwise, Section II of the Phase II form shall not include any
aggravating circumstance that the State has not specified in the notice
required under Code, Criminal Law Article, 2-202 (a) of its intention to
seek a sentence of death.
Committee note. -- Omission of some aggravating circumstances from the form

is not intended to preclude argument by the defendant concerning the absence
of those circumstances.
(k) Advice of the judge. At the time of imposing a sentence of death, the
judge shall advise the defendant that the determination of guilt and the
sentence will be reviewed automatically by the Court of Appeals, and that the
sentence will be stayed pending that review. At the time of imposing a
sentence of imprisonment for life, the court shall cause the defendant to be
advised in accordance with Rule 4-342 (i).
(l) Report of judge. After sentence is imposed, the judge promptly shall
prepare and send to the parties a report in the following form:
(CAPTION)
REPORT OF TRIAL JUDGE
I. Data Concerning Defendant
A. Date of Birth
B. Sex
C. Race
D. Address
E. Length of Time in Community
F. Reputation in Community
G. Family Situation and Background
1. Situation at time of offense (describe defendant's living situation

including marital status and number and age of children)
2. 2. Family history (describe family history including pertinent data

about parents and siblings)
H. Education
I. Work Record
J. Prior Criminal Record and Institutional History (list any prior

convictions, disposition, and periods of incarceration)
K. Military History
L. Pertinent Physical or Mental Characteristics or History
M. Other Significant Data About Defendant
II. Data Concerning Offense
A. Briefly describe facts of offense (include time, place, and manner of

death; weapon, if any; other participants and nature of participation)
B. Was there any evidence that the defendant was impaired by alcohol or
drugs at the time of the offense? If so describe.
C. Did the defendant know the victim prior to the offense?
Yes ...... No ......

1. If so, describe relationship.
2. Did the prior relationship in any way precipitate the offense? If so,
explain.
D. Did the victim's behavior in any way provoke the offense? If so, explain.
E. Data Concerning Victim
1. Name
2. Date of Birth
3. Sex
4. Race
5. Length of time in community
6. Reputation in community
F. Any Other Significant Data About Offense
III. A. Plea Entered by Defendant:
Not guilty .....; guilty .....; not criminally responsible ....
B. Mode of Trial:
Court .... Jury ....
If there was a jury trial, did defendant challenge the jury selection or
composition? If so, explain.
C. Counsel
1. Name
2. Address
3. Appointed or retained
(If more than one attorney represented defendant, provide data on each and
include stage of proceeding at which the representation was furnished.)
D. Pre-Trial Publicity -- Did defendant request a mistrial or a change of

venue on the basis of publicity? If so, explain. Attach copies of any motions
made and exhibits filed.
E. Was defendant charged with other offenses arising out of the same
incident? If so, list charges; state whether they were tried at same
proceeding, and give disposition.
IV. Data Concerning Sentencing Proceeding
A. List aggravating circumstance(s) upon which State relied in the pretrial

notice.
B. Was the proceeding conducted
before same judge as trial? ......
before same jury? ......
If the sentencing proceeding was conducted before a jury other than the
trial jury, did the defendant challenge the selection or composition of the
jury? If so, explain.
C. Counsel -- If counsel at sentencing was different from trial counsel,

give information requested in III C above.
D. Which aggravating and mitigating circumstances were raised by the

evidence?
E. On which aggravating and mitigating circumstances were the jury

instructed?
F. Sentence imposed: Imprisonment for life
Death
Imprisonment for life without the possibility of

parole
V. Chronology
Date of Offense
Arrest
Charge
Notification of intention to seek penalty of death
Trial (guilt/innocence) -- began and ended
Post-trial Motions Disposed of
Sentencing Proceeding -- began and ended
Sentence Imposed
VI. Recommendation of Trial Court As To Whether Imposition of Sentence of

Death is Justified.
VII. A copy of the Findings and Sentencing Determination made in this

action is attached to and made a part of this report.
...........................................
Judge
CERTIFICATION
I certify that on the ....... day of .................., ......, I sent

copies of this
(month) (year)
report to counsel for the parties for comment and have attached any
comments made by them to this report.
...........................................
Judge
Within five days after receipt of the report, the parties may submit to the judge written comments
concerning the factual accuracy of the report. The judge promptly shall file with the clerk of the
trial court and with the Clerk of the Court of Appeals the report in final form, noting any changes
made, together with any comments of the parties.
HISTORY: (Enacted Sept. 10, 2009, effective Oct. 1, 2009.)
MARYLAND RULES
Md. Rule 4-344 (2012)
Rule 4-344. Sentencing -- Review
(a) Application -- When filed. Any application for review of a sentence under the Review of
Criminal Sentences Act, Code, Criminal Procedure Article, 8-102 -- 8-109, shall be filed in
the sentencing court within 30 days after the imposition of sentence or at a later time permitted
by the Act. The clerk shall promptly notify the defendant's counsel, if any, the State's Attorney,
and the Circuit Administrative Judge of the filing of the application.
(b) Application -- Form. The application shall be signed by the defendant and shall be
substantially in the following form:
(Caption of the case)
Application for Review of Sentence
I hereby apply for review of the sentence imposed on me on................
I understand that a review of my sentence may result in the imposition of

any sentence allowable by law for the offense, including an increased sentence
(unless the maximum has already been imposed), a decreased sentence (including
a decrease in a mandatory minimum sentence), a different sentence, or no
change in sentence. I understand that I may withdraw this application at any
time before receiving notice of a hearing and thereafter only with permission
of the Review Panel. I also understand that I may not withdraw my application
after the Review Panel renders a decision.
My sentence should be changed for the following reasons: (the reasons for
the change shall be stated)
.............................................................................
.............................................................................
.............................................................................
Signature of Defendant
Date:
(c) Application -- Withdrawal. The defendant may withdraw the application for review at any
time before the receipt of notice of a hearing, and thereafter only with permission of the Review
Panel. The application may not be withdrawn after the Review Panel has rendered its decision. A
withdrawal shall be signed by the defendant and filed with the clerk. The filing of a withdrawal
is final and terminates all rights of the defendant to have the sentence reviewed under the Review
of Criminal Sentences Act.
(d) Review panel -- Appointment of. Upon notification by the clerk of the filing of an
application, the Circuit Administrative Judge shall promptly appoint a Review Panel of three
judges, not including the sentencing judge, and shall designate one as Chair, to review the
sentence. The sentencing judge may sit with the Review Panel in an advisory capacity if
requested by a majority of the Review Panel. A Review Panel may be appointed to serve for a
fixed term or may be appointed to review only cases specifically assigned to it by the Circuit
Administrative Judge.
(e) Review panel -- Procedure before. Unless a hearing is required by the Review of Criminal
Sentences Act, the Review Panel may render its decision without a hearing if it affords the
parties an opportunity to present relevant information in writing. If a hearing is to be held, the
Review Panel shall serve the defendant, defendant's counsel, and the State's Attorney with
reasonable notice of the time and place of the hearing. At the hearing the Review Panel may take
testimony and receive other information.
(f) Review panel -- Decision. Whether or not an appeal has been taken, the Review Panel shall
file a written decision with the clerk within 30 days after the application is filed. If the sentence
is to be increased, the defendant shall be brought before the panel and resentenced pursuant to
Rule 4-342. If the sentence is reduced or not changed, the defendant need not be brought before
the Review Panel. In either case, the Review Panel shall state the reasons for its decision and
shall furnish a copy of the decision to the defendant, defendant's counsel, and the State's
Attorney.
Cross references. -- Concerning victim notification and other requirements when a sentence is
changed by the review panel, see Code, Criminal Procedure Article, 8-103 -- 8-108.
(g) Effect on time for appeal. An application filed under this Rule does not extend the time for
taking an appeal.
(h) Effect of vacation or modification of sentence by another court. If the sentence under review
is vacated or modified by a court of competent jurisdiction before the Review Panel renders its
decision, the Review Panel shall dismiss the original application and give the defendant a
reasonable opportunity, but not less than ten days, to file a new application for review of the
sentence as modified if it is subject to review under the Review of Criminal Sentences Act.
HISTORY: (Amended Jan. 20, 1999, effective July 1, 1999; Oct. 5, 1999; Dec. 16, 1999,
effective Jan. 1, 2000; Jan. 8, 2002, effective Feb. 1, 2002.)
MARYLAND RULES
Md. Rule 4-345 (2012)
Rule 4-345. Sentencing -- Revisory power of court
(a) Illegal sentence. The court may correct an illegal sentence at any time.
(b) Fraud, mistake, or irregularity. The court has revisory power over a sentence in case of fraud,
mistake, or irregularity.
(c) Correction of mistake in announcement. The court may correct an evident mistake in the
announcement of a sentence if the correction is made on the record before the defendant leaves
the courtroom following the sentencing proceeding.
(d) Desertion and non-support cases. At any time before expiration of the sentence in a case
involving desertion and non-support of spouse, children, or destitute parents, the court may
modify, reduce, or vacate the sentence or place the defendant on probation under the terms and
conditions the court imposes.
(e) Modification upon motion.
(1) Generally. Upon a motion filed within 90 days after imposition of a sentence (A) in the
District Court, if an appeal has not been perfected or has been dismissed, and (B) in a circuit
court, whether or not an appeal has been filed, the court has revisory power over the sentence
except that it may not revise the sentence after the expiration of five years from the date the
sentence originally was imposed on the defendant and it may not increase the sentence.
Cross references. -- Rule 7-112 (b).
Committee note. -- The court at any time may commit a defendant who is found to have a drug
or alcohol dependency to a treatment program in the Department of Health and Mental Hygiene
if the defendant voluntarily agrees to participate in the treatment, even if the defendant did not
timely file a motion for modification or timely filed a motion for modification that was denied.
See Code, Health General Article, 8-507.
(2) Notice to victims. The State's Attorney shall give notice to each victim and victim's
representative who has filed a Crime Victim Notification Request form pursuant to Code,
Criminal Procedure Article, 11-104 or who has submitted a written request to the State's
Attorney to be notified of subsequent proceedings as provided under Code, Criminal Procedure
Article, 11-503 that states (A) that a motion to modify or reduce a sentence has been filed; (B)
that the motion has been denied without a hearing or the date, time, and location of the hearing;
and (C) if a hearing is to be held, that each victim or victim's representative may attend and
testify.
(3) Inquiry by court. Before considering a motion under this Rule, the court shall inquire if a
victim or victim's representative is present. If one is present, the court shall allow the victim or
victim's representative to be heard as allowed by law. If a victim or victim's representative is not
present and the case is one in which there was a victim, the court shall inquire of the State's
Attorney on the record regarding any justification for the victim or victim's representative not
being present, as set forth in Code, Criminal Procedure Article, 11-403 (e). If no justification is
asserted or the court is not satisfied by an asserted justification, the court may postpone the
hearing.
(f) Open court hearing. The court may modify, reduce, correct, or vacate a sentence only on the
record in open court, after hearing from the defendant, the State, and from each victim or victim's
representative who requests an opportunity to be heard. The defendant may waive the right to be
present at the hearing. No hearing shall be held on a motion to modify or reduce the sentence
until the court determines that the notice requirements in subsection (e)(2) of this Rule have been
satisfied. If the court grants the motion, the court ordinarily shall prepare and file or dictate into
the record a statement setting forth the reasons on which the ruling is based.
HISTORY: (Amended Oct. 5, 1992, effective Jan. 1, 1993; Nov. 1, 2001, effective Jan. 1, 2002;
May 11, 2004, effective July 1, 2004; amended Nov. 8, 2005, effective Jan. 1, 2006; May 8,
2007, effective July 1, 2007; Amended March 9, 2010, effective July 1, 2010.)
MARYLAND RULES
Md. Rule 4-346 (2012)
Rule 4-346. Probation
(a) Manner of imposing. When placing a defendant on probation, the court shall advise the
defendant of the conditions and duration of probation and the possible consequences of a
violation of any of the conditions. The court also shall file and furnish to the defendant a written
order stating the conditions and duration of probation.
(b) Modification of probation order. During the period of probation, on motion of the defendant
or of any person charged with supervising the defendant while on probation or on its own
initiative, the court, after giving the defendant an opportunity to be heard, may modify, clarify, or
terminate any condition of probation, change its duration, or impose additional conditions.
HISTORY: (Amended Nov. 22, 1989, effective Jan. 1, 1990; Oct. 31, 2002, effective Jan. 1,
2003; April 5, 2005, effective July 1, 2005; amended Sept. 10, 2009, effective Oct. 1, 2009.)
MARYLAND RULES
Md. Rule 4-347 (2012)
Rule 4-347. Proceedings for revocation of probation
(a) How initiated. Proceedings for revocation of probation shall be initiated by an order
directing the issuance of a summons or warrant. The order may be issued by the court on its own
initiative or on a verified petition of the State's Attorney or the Division of Parole and Probation.
The petition, or order if issued on the court's initiative, shall state each condition of probation
that the defendant is charged with having violated and the nature of the violation.
Cross references. -- See Code, Criminal Procedure Article, 6-223.
(b) Notice. A copy of the petition, if any, and the order shall be served on the defendant with the
summons or warrant.
Committee note. -- For victim notification procedures, see Code, Criminal Procedure Article,
11-104, 11-503, and 11-507.
(c) Release pending revocation hearing. Unless the judge who issues the warrant sets conditions
of release or expressly denies bail, a defendant arrested upon a warrant shall be taken before a
judicial officer of the District Court or before a judge of the circuit court without unnecessary
delay or, if the warrant so specifies, before a judge of the District Court or circuit court for the
purpose of determining the defendant's eligibility for release.
(d) Waiver of counsel. The provisions of Rule 4-215 apply to proceedings for revocation of
probation.
(e) Hearing.
(1) Generally. The court shall hold a hearing to determine whether a violation has occurred and,
if so, whether the probation should be revoked. The hearing shall be scheduled so as to afford the
defendant a reasonable opportunity to prepare a defense to the charges. Whenever practicable,
the hearing shall be held before the sentencing judge or, if the sentence was imposed by a
Review Panel pursuant to Rule 4-344, before one of the judges who was on the panel. With the
consent of the parties and the sentencing judge, the hearing may be held before any other judge.
The provisions of Rule 4-242 do not apply to an admission of violation of conditions of
probation.
Cross references. -- See State v. Peterson, 315 Md. 73 (1989), construing the third sentence of
this subsection. For procedures to be followed by the court when a defendant may be
incompetent to stand trial in a violation of probation proceeding, see Code, Criminal Procedure
Article, 3-104.
(2) Conduct of hearing. The court may conduct the revocation hearing in an informal manner
and, in the interest of justice, may decline to require strict application of the rules in Title 5,
except those relating to the competency of witnesses. The defendant shall be given the
opportunity to admit or deny the alleged violations, to testify, to present witnesses, and to cross-
examine the witnesses testifying against the defendant. If the defendant is found to be in
violation of any condition of probation, the court shall (A) specify the condition violated and (B)
afford the defendant the opportunity, personally and through counsel, to make a statement and to
present information in mitigation of punishment.
HISTORY: (Added Nov. 22, 1989, effective Jan. 1, 1990; amended Dec. 15, 1993, effective
July 1, 1994; Apr. 8, 1997, effective July 1, 1997; Nov. 1, 2001, effective Jan. 1, 2002; April 5,
2005, effective July 1, 2005; May 8, 2007, effective July 1, 2007; amended Sept. 10, 2009,
effective Oct. 1, 2009; amended March 9, 2010, effective July 1, 2010.)
MARYLAND RULES
Md. Rule 4-348 (2012)

Rule 4-348. Stay of execution of sentence
(a) Sentence of death.
(1) Definition. In this section, "state post conviction review process" has the meaning stated in
Code, Correctional Services Article, 3-902.
(2) Stay. A sentence of death shall be stayed during the direct review process and the state post
conviction review process.
Committee note. -- The direct review process includes certiorari in the Supreme Court of the
United States.
(b) Sentence of imprisonment. The filing of an appeal or a petition for writ of certiorari in any
appellate court, including the Supreme Court of the United States, stays a sentence of
imprisonment during any period that the defendant is released pursuant to Rule 4-349, unless a
court orders otherwise pursuant to section (d) of that Rule. On the filing of a notice of appeal in a
case that is tried de novo, the circuit court, on motion or by consent of the parties, may stay a
sentence of imprisonment imposed by the District Court and release the defendant pending trial
in the circuit court, subject to any appropriate terms and conditions of release.
Cross references. -- See Rule 4-349.
(c) Fine. Upon the filing of an appeal or petition of writ of certiorari in any appellate court, a
sentence to pay a fine or a fine and costs may be stayed by the court upon terms the court deems
proper, but any bond required to stay the payment pending appeal may not exceed the unpaid
amount of the fine and costs, if any.
(d) Other sentences. Any other sentence or any order or condition of probation may be stayed
upon terms the court deems proper.
HISTORY: (Amended Nov. 22, 1989, effective Jan. 1, 1990; Nov. 21, 1995, effective Dec. 1,
1995; May 9, 2000, effective July 1, 2000; amended March 9, 2010, effective July 1, 2010.)
MARYLAND RULES
Md. Rule 4-349 (2012)
Rule 4-349. Release after conviction
(a) General authority. After conviction the trial judge may release the defendant pending
sentencing or exhaustion of any appellate review subject to such conditions for further
appearance as may be appropriate. Title 5 of these rules does not apply to proceedings conducted
under this Rule.
(b) Factors relevant to conditions of release. In determining whether a defendant should be
released under this Rule, the court may consider the factors set forth in Rule 4-216 (d) and, in
addition, whether any appellate review sought appears to be frivolous or taken for delay. The
burden of establishing that the defendant will not flee or pose a danger to any other person or to
the community rests with the defendant.
(c) Conditions of release. The court may impose different or greater conditions for release under
this Rule than had been imposed upon the defendant pursuant to Rule 4-216 before trial. When
the defendant is released pending sentencing, the condition of any bond required by the court
shall be that the defendant appear for further proceedings as directed and surrender to serve any
sentence imposed. When the defendant is released pending any appellate review, the condition of
any bond required by the court shall be that the defendant prosecute the appellate review
according to law and, upon termination of the appeal, surrender to serve any sentence required to
be served or appear for further proceedings as directed. The bond shall continue until discharged
by order of the court or until surrender of the defendant, whichever is earlier.
(d) Amendment of order of release. The court, on motion of any party or on its own initiative and
after notice and opportunity for hearing, may revoke an order of release or amend it to impose
additional or different conditions of release. If its decision results in the detention of the
defendant, the court shall state the reasons for its action in writing or on the record.
1994; Nov. 12, 2003; effective Jan. 1, 2004; June 16, 2009, effective June 17, 2009.)
MARYLAND RULES
Md. Rule 4-351 (2012)
Rule 4-351. Commitment record
(a) Content. When a person is convicted of an offense and sentenced to imprisonment, the clerk
shall deliver to the officer into whose custody the defendant has been placed a commitment
record containing:
(1) The name and date of birth of the defendant;
(2) The docket reference of the action and the name of the sentencing judge;
(3) The offense and each count for which the defendant was sentenced;
(4) The sentence for each count, the date the sentence was imposed, the date from which the
sentence runs, and any credit allowed to the defendant by law;
(5) A statement whether sentences are to run concurrently or consecutively and, if

consecutively, when each term is to begin with reference to termination of the preceding term or
to any other outstanding or unserved sentence; and
(6) the details or a copy of any order or judgment of restitution.
Cross references. -- See Code, Criminal Procedure Article, 6-216(c) concerning Maryland
Sentencing Guidelines Worksheets prepared by a court. See Code, Criminal Procedure Article,
11-104 (f) for notification procedures for victims. See Code, Criminal Procedure Article, 11-
607 for procedures concerning compliance with restitution judgments.
(b) Effect of error. An omission or error in the commitment record or other failure to comply
with this Rule does not invalidate imprisonment after conviction.
HISTORY: (Amended Jan. 20, 1999, effective July 1, 1999; Jan. 8, 2002, effective Feb. 1,
2002; Oct. 31, 2002, effective Jan. 1, 2003; amended Sept. 10, 2009, effective Oct. 1, 2009.)
MARYLAND RULES
Md. Rule 4-352 (2012)
In banc review of a circuit court's judgment or determination is governed by the provisions of

Rule 2-551, except that the right of review does not apply to criminal actions exempted under the
Maryland Constitution. In applying Rule 2-551, references to Rules 2-517, 2-520, and 2-533
shall be construed as references to Rules 4-323, 4-325, and 4-331 (a) respectively.
MARYLAND RULES
Md. Rule 4-353 (2012)
Rule 4-353. Costs
(a) Generally. Unless otherwise ordered by the court, a judgment of conviction, an order
accepting a plea of nolo contendere, or a disposition by probation before judgment shall include
an assessment of court costs against the defendant.
(b) Special Costs. Costs assessed pursuant to Code, Courts Article, 7-409 shall be assessed
separately from other costs and shall not be waived by the court except upon an express finding
stated on the record that the defendant is not likely to be able to pay any significant part of those
costs within the succeeding twelve years.
MARYLAND RULES
Md. Rule 4-354 (2012)
Rule 4-354. Enforcement of money judgment
(a) Generally. A money judgment or other order for payment of a sum certain entered in a
criminal action in favor of the State, including court costs, a fine, forfeiture of an appearance
bond, and adjudication of a lien pursuant to Code, Criminal Procedure Article, 16-212, may be
enforced in the same manner as a money judgment entered in a civil action or in accordance with
statutory procedures for the collection of a debt due to the State or a State agency.
Cross references. -- See Code, Courts Article, 7-505 and Code, State Finance and Procurement
(b) Judgment of restitution . A judgment of restitution may be enforced in the same manner as a
money judgment entered in a civil action.
HISTORY: (Amended November 12, 2003, effective January 1, 2004; and September 8, 2011,
MARYLAND RULES
Md. Rule 4-361 (2012)
(a) After verdict or acceptance of plea. If by reason of termination of office, death, sickness, or
other disability, the judge before whom a defendant has been tried or by whom a plea of guilty or
nolo contendere has been accepted is unable to perform an act or duty of the court after verdict or
after acceptance of a plea, any other judge authorized to act in that court may sentence the
defendant and perform any other act or duty if satisfied that he or she can properly do so.
(b) During jury trial in circuit court. If by reason of termination of office, absence, death,
sickness, or other disability, the judge before whom a jury trial in circuit court has commenced is
unable to proceed with the trial, any other judge authorized to act in that court upon certifying
that he or she has become familiar with the record of the trial, may proceed with and finish the
trial.
MARYLAND RULES
CHAPTER 400. POST CONVICTION PROCEDURE
Md. Rule 4-401 (2012)
Rule 4-401. How commenced -- Venue
(a) Generally. A proceeding under the Uniform Post Conviction Procedure Act is commenced
by the filing of a petition in the circuit court of the county where the conviction took place.
(b) Following DNA Testing. If a petition for DNA testing was filed pursuant to Code, Criminal
Procedure Article, 8-201, and the test results were favorable to the petitioner, the court shall (1)
reopen a post conviction proceeding previously commenced under section (a) of this Rule or (2)
if no post conviction proceeding has been initiated, treat the petition for DNA testing as a
petition under section (a) of this Rule.
HISTORY: (Amended April 5, 2005, effective July 1, 2005.)

MARYLAND RULES
Md. Rule 4-402 (2012)
Rule 4-402. Petition
(a) Content. The petition shall state whether or not petitioner is able to pay costs of the
proceeding or to employ counsel and shall include:
(1) The petitioner's name, place of confinement, and inmate identification number.
(2) The place and date of trial, the offense for which the petitioner was convicted, and the
sentence imposed.
(3) The allegations of error upon which the petition is based.
(4) A concise statement of facts supporting the allegations of error.
(5) The relief sought.
(6) A statement of all previous proceedings, including appeals, motions for new trial and
previous post conviction petitions, and the determinations made thereon.
(7) A statement of the facts or special circumstances which show that the allegations of error
have not been waived.
Committee note. -- See Code, Criminal Procedure Article, Title 7 and Curtis v. State, 284 Md.
132 (1978).
(b) Argument or citation. The petition may, but need not, include a concise argument or citation
of authority.
(c) Amendment. Amendment of the petition shall be freely allowed in order to do substantial
justice.
MARYLAND RULES
Md. Rule 4-403 (2012)

Rule 4-403. Notice of petition
Upon receipt of a post conviction petition, the clerk shall promptly notify the county
administrative judge and the State's Attorney. When the petition relates to an action tried in that
court, it shall be filed in the action. If the petition alleges that the petitioner is indigent, the clerk
shall promptly notify the Collateral Review Division of the Office of the Public Defender by
forwarding a copy of the petition.
HISTORY: (Amended June 7, 2011, effective July 1, 2011; Sept. 8, 2011, effective Oct. 1,
2011)
MARYLAND RULES
Md. Rule 4-404 (2012)
Rule 4-404. Response
The State's Attorney shall file a response to the petition within 15 days after notice of its
filing, or within such further time as the court may order. No other paper shall be filed except as
ordered by the court.
MARYLAND RULES
Md. Rule 4-405 (2012)
Rule 4-405. Withdrawal
The court may grant permission to withdraw the petition without prejudice at any time before
the date of the hearing, and thereafter only for good cause.
MARYLAND RULES
Md. Rule 4-406 (2012)
Rule 4-406. Hearing
(a) When required. A hearing shall be held promptly on a petition under the Uniform Post
Conviction Procedure Act unless the parties stipulate that the facts stated in the petition are true
and that the facts and applicable law justify the granting of relief. If a defendant requests that the
court reopen a post conviction proceeding that was previously concluded, the court shall
determine whether a hearing will be held, but it may not reopen the proceeding or grant the relief
requested without a hearing unless the parties stipulate that the facts stated in the petition are true
and that the facts and applicable law justify the granting of relief.
Cross references. -- For time requirements applicable to hearings in death penalty cases, see
Code, Criminal Procedure Article, 7-204.
(b) Judge. The hearing shall not be held by the judge who presided at trial except with the
consent of the petitioner.
(c) Evidence. Evidence may be presented by affidavit, deposition, oral testimony, or in any other
form as the court finds convenient and just. In the interest of justice, the court may decline to
require strict application of the rules in Title 5, except those relating to the competency of
witnesses.
Cross references. -- For procedures concerning DNA testing and preservation of DNA evidence
in post conviction cases, see Code, Criminal Procedure Article, 8-201.
(d) Presence of petitioner. The petitioner has the right to be present at any hearing on the
petition.
Cross references. -- For post conviction procedure, right to counsel and hearing, see Code,
Criminal Procedure Article, 7-101 -- 7-108 and 7-201 -- 7-204; victim notification,
Criminal Procedure Article, 7-105, 11-104, and 11-503. For right of a victim or victim's
representative to address the court, see Code, Criminal Procedure Article, 11-403.
HISTORY: (Amended Dec. 15, 1993, effective July 1, 1994; Nov. 21, 1995, effective Dec. 1,
1995; Oct. 5, 1999; Jan. 8, 2002, effective Feb. 1, 2002; amended Nov. 8, 2005, effective Jan. 1,
2006; amended Sept. 10, 2009, effective Oct. 1, 2009.)
MARYLAND RULES
Md. Rule 4-407 (2012)
Rule 4-407. Statement and order of court
(a) Statement. The judge shall prepare and file or dictate into the record a statement setting
forth separately each ground upon which the petition is based, the federal and state rights
involved, the court's ruling with respect to each ground, and the reasons for the action taken
thereon. If dictated into the record, the statement shall be promptly transcribed.
(b) Order of court. The statement shall include or be accompanied by an order either granting or
denying relief. If the order is in favor of the petitioner, the court may provide for rearraignment,
retrial, custody, bail, discharge, correction of sentence, or other matters that may be necessary
and proper.
(c) Copy to the parties. A copy of the statement and the order shall be filed promptly with the
clerk and sent to the petitioner, petitioner's counsel, and the State's Attorney.
(d) Finality. The statement and order constitute a final judgment when entered by the clerk.
MARYLAND RULES
Md. Rule 4-408 (2012)
Rule 4-408. Application for leave to appeal
An application for leave to appeal to the Court of Special Appeals shall be governed by Rule
8-204.
MARYLAND RULES
CHAPTER 500. EXPUNGEMENT OF RECORDS
Md. Rule 4-501 (2012)
The procedure provided by this Chapter is exclusive and mandatory for use in all judicial
proceedings for expungement of records whether pursuant to Code, Criminal Procedure Article,
10-102 through 10-109 or otherwise.
Cross references. -- For expungement of criminal charges transferred to the juvenile court, see
Rule 11-601 and Code, Criminal Procedure Article, 10-106.
HISTORY: (Amended July 27, 1987, effective Aug. 17, 1987; May 14, 1992, effective July 1,
1992; Jan. 8, 2002, effective Feb. 1, 2002; amended March 9, 2010, effective July 1, 2010.)
MARYLAND RULES
Md. Rule 4-502 (2012)
Rule 4-502. Expungement definitions
The following definitions apply in this Chapter and in Forms 4-503.1 through 4-508.3:
(a) Application. "Application" means the written request for expungement of police records filed
pursuant to Code, Criminal Procedure Article 10-103 and Rule 4-503.
(b) Central repository. "Central Repository" means the Criminal Justice Information System
Central Repository of the Department of Public Safety and Correctional Services.
(c) Court. "Court" means the Court of Appeals, Court of Special Appeals, any circuit court, and
the District Court.
(d) Court records. "Court records" means all official records maintained by the clerk or other
personnel pertaining to (1) any criminal action, (2) any action, except a juvenile proceeding,
concerning a civil offense or infraction under a State or local law enacted as a substitute for a
criminal charge, or (3) any proceeding for expungement. It includes indices, docket entries,
charging documents, pleadings, memoranda, assignment schedules, disposition sheets,
transcriptions of proceedings, electronic recordings, orders, judgments, and decrees. It does not
include: records pertaining to violations of the vehicle laws of the State or of any other traffic
law, ordinance, or regulation; written opinions of a court; cash receipt and disbursement records
necessary for audit purposes; or a court reporter's transcript of proceedings involving multiple
defendants.
(e) Expungement. "Expungement" means the effective removal of police and court records from
public inspection:
(1) by obliteration; or
(2) by removal to a separate secure area to which the public and other persons having no
legitimate reason for being there are denied access; or
(3) if effective access to a record can be obtained only by reference to other records, by the
expungement of the other records or the part of them providing the access.
(f) Law enforcement agency. "Law enforcement agency" means any State, county, and municipal
police department or agency, any sheriff's office, any State's Attorney's office, the Office of the
State Prosecutor, and the Attorney General's office.
(g) Petition. "Petition" means a written request for expungement of court and police records filed
by a person pursuant to Code, Criminal Procedure Article, 10-105(a) and Rule 4-504.
(h) Police records. "Police records" means all official records maintained by a law enforcement
agency, a booking facility, or the Central Repository pertaining to the arrest and detention of or
further proceeding against an individual for a criminal charge; a suspected violation of a criminal
law; a violation of Code, Transportation Article for which a term of imprisonment may be
imposed; or a civil offense or infraction, except a juvenile offense, under a State or local law
enacted as a substitute for a criminal charge. "Police records" does not include investigatory
files, police work-product records used solely for police investigation purposes, or records
pertaining to nonincarcerable violations of the vehicle laws of the State or of any other traffic
law, ordinance, or regulation.
(i) Probation before judgment. "Probation before judgment" means disposition of a charge
pursuant to Code, Criminal Procedure Article, 6-220 or a civil offense or infraction, except a
juvenile offense, under a State or local law enacted as a substitute for a criminal charge; it also
means probation prior to judgment pursuant to former Code, Article 27, 641, a disposition
pursuant to former Code, Article 27, 292 (b), probation without finding a verdict pursuant to
former Code, Article 27, 641 prior to July 1, 1975, and a disposition pursuant to former Section
22-83 of the Code of Public Local Laws of Baltimore City (1969 Edition).
(j) Records. "Records" means "police records" and "court records."
(k) Service. "Service" with respect to the application or petition means mailing a copy by
certified mail or delivering it to any person admitting service, and with respect to any answer,
notice, or order of court required by this Rule or court order to be served means mailing by first
class mail.
(l) Transfer. "Transfer" means the act, done pursuant to an order of court, of removing an action
or proceeding from the court or docket in which it was originally filed or docketed to such other
proper court or docket as the nature of the case may require.
HISTORY: (Amended Apr. 7, 1986, effective July 1, 1986; July 27, 1987, effective Aug. 17,
1987; June 28, 1988, effective July 1, 1988; May 9, 1991, effective July 1, 1991; May 14, 1992,
effective July 1, 1992; June 8, 1998, effective Oct. 1, 1998; Oct. 5, 1999; Jan. 8, 2002, effective
Feb. 1, 2002; Oct. 31, 2002, effective Jan. 1, 2003; Dec. 4, 2007, effective Jan. 1, 2008.)
MARYLAND RULES
Md. Rule 4-503 (2012)
Rule 4-503. Application for expungement of record for an arrest, detention, or confinement
occurring before October 1, 2007 when no charges filed
(a) Scope and venue. An application for expungement of police records may be filed by any
person who has been arrested, detained, or confined by a law enforcement agency, and has
subsequently been released without having been charged with a crime, if (1) the applicant has
first served on the law enforcement agency that arrested, detained, or confined the applicant a
written request for expungement in the form set forth at the end of this Title as Form 4-503.1,
which shall be served within eight years after the date of the incident; and (2) the request for
expungement has been denied or has not been acted upon within 60 days after it was served. The
application shall be filed in the District Court for the county in which the applicant was first
arrested, detained, or confined.
(b) Contents -- Time for filing. The application shall be in the form set forth at the end of this
Title as Form 4-503.3 and shall be filed within 30 days after service of notice that the request for
expungement is denied by the agency or, if no action is taken by the agency, within 30 days after
expiration of the time period provided in subsection (a) (2) of this Rule.
(c) Copies for service. The applicant shall file with the clerk a sufficient number of copies of the
application for service on the State's Attorney and each law enforcement agency named in the
application.
(d) Procedure upon filing. Upon filing of an application, the clerk shall docket the proceeding,
issue a Notice of Hearing in the form set forth at the end of this Title as Form 4-503.4, and serve
copies of the application and notice on the State's Attorney and each law enforcement agency
named in the application.
HISTORY: (Amended Jan. 8, 2002, effective Feb. 1, 2002; Dec. 4, 2007, effective Jan. 1,
2008.)
MARYLAND RULES
Md. Rule 4-504 (2012)
Rule 4-504. Petition for expungement when charges filed
(a) Scope and venue. A petition for expungement of records may be filed by any defendant
who has been charged with the commission of a crime and is eligible under Code, Criminal
Procedure Article, 10-105 to request expungement. The petition shall be filed in the original
action. If that action was commenced in one court and transferred to another, the petition shall be
filed in the court to which the action was transferred. If an appeal was taken, the petition shall be
filed in the circuit court that had jurisdiction over the action.
Cross references. -- See Code, Criminal Procedure Article, 10-104, which permits the District
Court on its own initiative to order expungement when the State has entered a nolle prosequi as
to all charges in a case in which the defendant has not been served.
(b) Contents -- Time for filing. The petition shall be substantially in the form set forth at the end
of this Title as Form 4-504.1. The petition shall be filed within the times prescribed in Code,
Criminal Procedure Article, 10-105. When required by law, the petitioner shall file with the
petition a duly executed General Waiver and Release in the form set forth at the end of this Title
as Form 4-503.2.
(c) Copies for service. The petitioner shall file with the clerk a sufficient number of copies of the
petition for service on the State's Attorney and each law enforcement agency named in the
petition.
(d) Procedure upon filing. Upon filing of a petition, the clerk shall serve copies on the State's
Attorney and each law enforcement agency named in the petition.
(e) Retrieval or reconstruction of case file. Upon the filing of a petition for expungement of
records in any action in which the original file has been transferred to a Hall of Records
Commission facility for storage, or has been destroyed, whether after having been microfilmed
or not, the clerk shall retrieve the original case file from the Hall of Records Commission
facility, or shall cause a reconstructed case file to be prepared from the microfilmed record, or
from the docket entries.
HISTORY: (Amended July 27, 1987, effective Aug. 17, 1987; May 9, 1991, effective July 1,
1991; May 14, 1992, effective July 1, 1992; June 8, 1998, effective Oct. 1, 1998; Jan. 8, 2002,
effective Feb. 1, 2002; Oct. 31, 2002, effective Jan. 1, 2003.)
MARYLAND RULES
Md. Rule 4-505 (2012)
Rule 4-505. Answer to application or petition
(a) Answer to application. Within 30 days after service of an application for expungement, if
the law enforcement agency objects to the expungement, the agency shall file an answer and
serve a copy on the applicant or the attorney of record.
(b) Answer to petition. Within 30 days after service of a petition for expungement, the State's
Attorney shall file an answer, and serve a copy on the petitioner or the attorney of record.
Cross references. -- Code, Criminal Procedure Article, 10-105(d).
(c) Contents. An answer objecting to expungement of records shall state in detail the specific
grounds for objection. A law enforcement agency or State's Attorney may by answer consent to
the expungement of an applicant's or petitioner's record.
(d) Effect of failure to answer. The failure of a law enforcement agency or State's Attorney to file
an answer within the 30 day period constitutes a consent to the expungement as requested.
HISTORY: (Amended May 9, 1991, effective July 1, 1991; June 8, 1998, effective Oct. 1, 1998;
Jan. 8, 2002, effective Feb. 1, 2002; Nov. 12, 2003, effective Jan. 1, 2004.)
MARYLAND RULES
Md. Rule 4-506 (2012)
Rule 4-506. Amendment
The application, petition, or answer may be amended in the manner prescribed by Rule 2-341.
MARYLAND RULES
Md. Rule 4-507 (2012)
Rule 4-507. Hearing
(a) On application. In the case of an application for expungement, a hearing shall be held not
later than 45 days after the filing of the application.
Cross references. -- Code, Criminal Procedure Article, 10-103(f).
(b) On petition. In the case of a petition for expungement, a hearing shall be held only if the
State's Attorney or law enforcement agency objects to the petition by way of timely answer.
Cross references. -- Code, Criminal Procedure Article, 10-105(e).
2002.)
MARYLAND RULES
Md. Rule 4-508 (2012)
Rule 4-508. Court order for expungement of records
(a) Content. An order for expungement of records shall be substantially in the form set forth at
the end of this Title as Form 4-508.1, as modified to suit the circumstances of the case. If the
court determines that the procedures for expungement of court records set forth in Rule 4-511 are
not practicable in the circumstances, the order shall specify the alternative procedures to be
followed.
Cross references. -- Code, Criminal Procedure Article, 10-103(f) and 10-105(f).
(b) Stay.
(1) Entry. If the court, over the objection of a State's Attorney or law enforcement agency, enters
an order granting expungement, the order is stayed for 30 days after entry and thereafter if a
timely notice of appeal is filed, pending the disposition of the appeal and further order of court.
(2) Lifting. A stay shall be lifted upon disposition of any appeal or, if no notice of appeal was
timely filed, upon expiration of the time prescribed for filing a notice of appeal. If an order for
expungement has been stayed and no appeal is pending, a stay based upon an application may be
lifted upon written consent of the law enforcement agency, and a stay based upon a petition may
be lifted upon written consent of the State's Attorney.
(3) Notice. Promptly upon the lifting of a stay, the clerk shall send notice of the lifting of the stay
to the parties and to each custodian of records, including the Central Repository, to which an
order for expungement and a compliance form are required to be sent pursuant to section (d) of
this Rule.
(c) Finality. An order of court for expungement of records, whether or not stayed, or an order
denying an application or petition for expungement, is a final judgment.
(d) Service of order and compliance form. Upon entry of a court order granting or denying
expungement, the clerk forthwith shall serve a true copy of the order and any stay of the order on
all parties to the proceeding. Upon entry of an order granting expungement, the clerk shall serve
on each custodian of records designated in the order and on the Central Repository a true copy of
the order together with a blank form of Certificate of Compliance set forth at the end of this Title
as Form 4 508.3.
HISTORY: (Amended June 28, 1988, effective July 1, 1988; May 9, 1991, effective July 1,
1991; June 8, 1998, effective Oct. 1, 1998; Jan. 8, 2002, effective Feb. 1, 2002; amended Nov. 8,
-
MARYLAND RULES
Md. Rule 4-509 (2012)

Rule 4-509. Appeal
(a) How taken. Any party may appeal within 30 days after entry of the order by filing a notice
of appeal with the clerk of the court from which the appeal is taken and by serving a copy on the
opposing party or attorney.
(b) Notice. Promptly upon the disposition of an appeal, the clerk of the court from which the
appeal was taken shall send notice of the disposition to the parties and to each custodian of
records, including the Central Repository, to which an order for expungement and a compliance
form were sent pursuant to Rule 4-508 (d).
HISTORY: (Amended May 9, 1991, effective July 1, 1991; June 8, 1998, effective Oct. 1, 1998;
Jan. 8, 2002, effective Feb. 1, 2002; amended Nov. 8, 2005, effective Jan. 1, 2006.)
-------
MARYLAND RULES
Md. Rule 4-510 (2012)
Rule 4-510. Compliance with court order for expungement
Upon receipt of an order for expungement that is not stayed or notice that a stay has been
lifted, each custodian of records subject to the order shall forthwith remove the records from
public inspection. As soon as practicable but in no event later than 60 days after the entry of a
court order for expungement, or if the order for expungement is stayed, 30 days after the stay is
lifted, every custodian of police records and court records subject to the order shall comply with
the order, file an executed Certificate of Compliance, and serve a copy of the certificate on the
applicant or petitioner.
MARYLAND RULES
Md. Rule 4-511 (2012)
Rule 4-511. Expungement procedures
Expungement procedures with respect to dockets and indices, case files, and other court
records shall be as follows:
(a) Docket and indices.

(1) In bound volume. If the docket or index is maintained in a bound volume, any entry therein
referring to the applicant or petitioner shall be expunged, either by the clerk's affixing over the
docket or index entry an opaque, non-removable adhesive strip, or alternately by any other
means of effective obliteration, and by endorsing on the strip or in the margin of the page the
word "Expunged," the date of obliteration, and the clerk's initials.
(2) On case file jacket. If the docket in the action is maintained on the cover or jacket of the case
file, the file shall be removed and sealed in accordance with Rule 4-512.
(3) Microfilmed dockets, indices and case files. If the docket, index, and case file or any of them
has been microfilmed, whether the original has been destroyed or not, the procedure for
expungement of records, including references to the applicant's or petitioner's name, shall be as
follows:
(i) any unitized microform of case file and docket entries shall be removed from its usual and
customary filing place, and shall be sealed with the case file, pursuant to Rule 4-512.
(ii) any reference to the applicant or petitioner whose records have been ordered to be expunged,
which appears in any index to microfilmed records, whether in writing, on microfilm, or
recorded electronically or by any other means, shall be expunged by removal of any index card
from the index; by effective obliteration of the reference from the index by affixing over the
reference an opaque, non-removable adhesive strip endorsed "Expunged" and dated and initialed
by the clerk; or by removal of the index to a separate secure area to which the public is denied
access, as the case may be.
(b) Case files. The original case file relating to the records to be expunged shall be removed from
its usual and customary location in the files in accordance with Rule 4-512 to a separate secure
area to which the public is denied access, even if the case file contains matter relating to multiple
defendants one or more of whom is not entitled to or has not requested expungement, and is
required for further proceedings in the action with respect to the other defendant or defendants.
MARYLAND RULES
Md. Rule 4-512 (2012)
Rule 4-512. Disposition of expunged records
Disposition of expunged records shall be as follows:
(a) Removal. The original of all court files and records ordered to be expunged and any unitized
microform of record shall be removed from their usual and customary filing or storage location.
(b) Sealing -- Unsealing. The original case file, and all other court records in the clerk's custody
relating or referring to the action or proceeding, including any unitized microform of records and
certificates of compliance, shall be sealed in a manila envelope on which the docket or case file
number, and a clerk's Certificate of Expungement and Caution, shall be endorsed or stamped as
follows:
CERTIFICATE OF EXPUNGEMENT AND CAUTION
I HEREBY CERTIFY that this sealed envelope contains the case file relating
to the action or proceeding docketed or filed under the above mentioned Docket
or Case File Number, which records have been expunged pursuant to an Order of
Court dated the ..... day of ............, ..... .
(month) (year)
CAUTION: This envelope is not to be unsealed or the contents or any part

thereof disclosed to any person except pursuant to a written Order of Court,
under penalty of a fine of up to $ 1,000.00, imprisonment for up to one year,
or both, and to dismissal from employment, as provided by Section 10-108 of
the Criminal Procedure Article of the Annotated Code of Maryland.
DATED this ..... day of ............, ..... .
(month) (year)
Clerk/Deputy Clerk
Sealed expunged records may be unsealed on written order of court on good cause shown, and
the court may by order permit access to expunged records in the interest of justice.
(c) Alphabetical listing. A separate alphabetical listing of names of persons whose court records
have been expunged shall be maintained by the clerk. The listing shall contain a reference to the
docket or case file number of the action or proceeding in which expungement was ordered.
(d) Notices -- General waivers and releases. Notices and General Waivers and Releases shall be
maintained by the law enforcement agency or the clerk, as the case may be, in a denied access
area, until the expiration of any applicable statute of limitations, after which time they may be
destroyed by shredding.
Cross references. -- Code, Criminal Procedure Article, 10-103(b).
(e) Storage in denied access area on premises -- Prohibition on transfer. All expunged records
shall be filed and maintained by the clerk in numerical sequence by docket or case file number,
together with the Index of Expunged Records, in one or more locked filing cabinets to be located
on the premises of the clerk's office but in a separate secure area to which the public and other
persons having no legitimate reason for being there are denied access. Expunged records shall
not be transferred to any Hall of Records facility.
Cross references. -- Code, Criminal Procedure Article, 10-101(e).
(f) Minimum period of retention. Expunged records shall be retained by the clerk for a minimum
period of three years after the date the order for expungement was entered. Expunged case files
in multiple defendant cases shall be retained by the clerk until the prison terms, if any, of all co-
defendants convicted in the action have been served.
(g) Destruction method and schedule. Upon the expiration of the minimum retention period
provided in section (f) of this Rule, and unless otherwise ordered by the court, expunged records
may be destroyed by the clerk by shredding or other method of complete destruction. Upon
destruction of the expunged records, the name of the person whose court records have been
destroyed shall be deleted from the listing maintained under section (c) of this Rule. Destruction
of expunged records shall promptly be reported to the Records Management Division of the Hall
of Records Commission on an appropriate destruction schedule.
HISTORY: (Amended June 8, 1998, effective Oct. 1, 1998; May 9, 2000, effective July 1, 2000;
Jan. 8, 2002, effective Feb. 1, 2002; Oct. 31, 2002, effective Jan. 1, 2003.)
MARYLAND RULES
CHAPTER 600. CRIMINAL INVESTIGATIONS AND MISCELLANEOUS PROVISIONS
Md. Rule 4-601 (2012)
Rule 4-601. Search warrants
(a) Issuance -- Authority. A search warrant may issue only as authorized by law. Title 5 of
these rules does not apply to the issuance of a search warrant.
(b) Retention of application and affidavits -- Secrecy. A judge issuing a search warrant shall note
on the warrant the date of issuance and shall retain a copy of the warrant, application, and
supporting affidavit. The search warrant shall be issued with all practicable secrecy. A
supporting affidavit may be sealed for not more than 30 days as provided by Code, Criminal
Procedure Article, 1-203(e). The warrant and application, affidavit, or other papers upon which
the warrant is based shall not be filed with the clerk until the search warrant is returned executed
pursuant to section (e) of this Rule.
(c) Inventory. An officer shall make and sign a written inventory of all property seized under a
search warrant. At the time the search warrant is executed, a copy of the inventory together with
a copy of the search warrant, application, and supporting affidavit, except an affidavit that has
been sealed by order of court, shall be left with the person from whom the property is taken if the
person is present or, if that person is not present, with the person apparently in charge of the
premises from which the property is taken. If neither of those persons is present at the time the
search warrant is executed, the copies shall be left in a conspicuous place at the premises from
which the property is taken. The officer preparing the inventory shall verify it before making the
return. Upon the expiration of the order sealing an affidavit, the affidavit shall be unsealed and
delivered within 15 days to the person from whom the property was taken or, if that person is not
present, the person apparently in charge of the premises from which the property was taken.
(d) Return. An executed warrant shall be returned to the issuing judge, or if that judge is not
immediately available, to another judge of the same circuit if issued by a circuit court, or of the
same district if issued by the District Court, as promptly as possible and in any event within ten
days after the date the search warrant is executed or within any earlier time set forth in the search
warrant for its return. The return shall be accompanied by the verified inventory. A search
warrant unexecuted within 15 days after its issuance shall be returned promptly to the issuing
judge.
(e) Executed search warrants. The judge to whom an executed search warrant is returned shall
attach to the search warrant copies of the return, the inventory, and all other papers in connection
with the issuance, execution, and return, including the copies retained by the issuing judge, and
shall file them with the clerk of the court for the county in which the property was seized. The
papers filed with the clerk shall be sealed and shall be opened for inspection only upon order of
the court. The clerk shall maintain a confidential index of the search warrants.
(f) Unexecuted search warrants. The judge to whom an unexecuted search warrant is returned
may destroy the search warrant and related papers or make any other disposition the judge deems
proper.
(g) Inspection of warrant, inventory, and other papers. Upon application filed by a person from
whom or from whose premises property is taken under a search warrant or by a person having an
interest in the property or by a person aggrieved by a search or seizure, the court of the county in
which the search warrant is filed shall order that the warrant, inventory, and other related papers
filed be made available to the person or to that person's attorney for inspection and copying.
Upon the filing of the application, the court may order that notice thereof be given to the State's
Attorney.
(h) Contempt. Except for disclosures required for the execution of a search warrant or directed
by this Rule or by order of court issued pursuant to this Rule, a person who discloses before its
execution that a search warrant has been applied for or issued, or a public officer or employee
who discloses after its execution the contents of a search warrant or the contents of any other
paper filed with it, may be prosecuted for criminal contempt of court.
HISTORY: (Amended June 28, 1988, effective July 1, 1988; June 28, 1989, effective July 1,
1989; Dec. 15, 1993, effective July 1, 1994; Jan. 8, 2002, effective Feb. 1, 2002.)
MARYLAND RULES
Md. Rule 4-611 (2012)
Rule 4-611. Interception of wire or oral communications
An application for an ex parte order to authorize or approve interception of wire or oral

communications, and the issuance, extension, or renewal of any such order, shall be in strict
conformance with all applicable federal and state statutes.
MARYLAND RULES
Md. Rule 4-621 (2012)
Rule 4-621. Correction of clerical mistakes
Clerical mistakes in judgments, orders, or other parts of the record may be corrected by the
court at any time on its own initiative, or on motion of any party after such notice, if any, as the
court orders. During the pendency of an appeal, such mistakes may be so corrected before the
appeal is docketed by the appellate court, and thereafter with leave of the appellate court.
MARYLAND RULES
Md. Rule 4-631 (2012)
Rule 4-631. Compelling testimony or documents on the condition of immunity
(a) Requested by State. In any proceeding under this Title, before a grand jury, or pursuant to
Code, Criminal Procedure Article, 14-110 or 15-108, if a witness lawfully refuses to answer
or to provide other information on the basis of the privilege against self incrimination, the court,
when authorized by law, shall compel the witness to answer or otherwise provide information if:
(1) The State's Attorney requests in writing or on the record that the court order the witness to
answer or otherwise provide information, notwithstanding the witness' claim of privilege; and
(2) The court informs the witness of the scope of the immunity the witness will receive as
provided by the appropriate statute.
(b) Order of court. The court shall enter its order compelling testimony in writing or on the
record.
HISTORY: (Amended Oct. 31, 2002, effective Jan. 1, 2003; June 16, 2009, effective June 17,
2009.)
MARYLAND RULES
Md. Rule 4-632 (2012)
Rule 4-632. Record of assertion of spousal privilege
The clerk shall maintain a record of each occasion on which an alleged victim of an assault in
any degree asserts the testimonial privilege permitted by Code, Courts Article, 9-106. (Adopted
June 8, 1998, effective Oct. 1, 1998.)
MARYLAND RULES
Md. Rule 4-641 (2012)
Rule 4-641. Criminal investigation -- Applicability
Rules 4-641 through 4-644 apply to circuit court procedures relating to criminal
investigations. "Criminal investigation" means inquiries into alleged criminal activities
conducted by (a) a grand jury, (b) a State's Attorney pursuant to Code, Criminal Procedure
Article, 15-108, or (c) the State Prosecutor pursuant to Code, Criminal Procedure Article, 14-
110. Title 5 of these rules does not apply to circuit court procedures relating to criminal
investigations.
HISTORY: (Amended Dec. 15, 1993, effective July 1, 1994; June 16, 2009, effective June 17,
2009.)
MARYLAND RULES
Md. Rule 4-642 (2012)
Rule 4-642. Secrecy
(a) Court records. Files and records of the court pertaining to criminal investigations shall be
sealed and shall be open to inspection only by order of the court.
(b) Hearings. Hearings before the court relating to the conduct of criminal investigations shall be
on the record and shall be conducted out of the presence of all persons except those whose
presence is necessary.
(c) Grand jury -- Who may be present.
(1) While the grand jury is in session. The following persons may be present while the grand jury
is in session: one or more attorneys for the State; the witness being questioned; any court reporter
appointed pursuant to Code, Courts Article, 2-503; and, when needed, interpreters, so long as
an audio recording is made if the interpreter is present for a witness.
(2) During deliberations and voting. No person other than the jurors, and any interpreter needed
to assist a hearing-impaired or speech-impaired juror, may be present while the grand jury is
deliberating or voting.
(3) Appointment, oath, and compensation of interpreter. If the State's Attorney requests that an
interpreter be appointed for a witness or juror in a grand jury proceeding, the court shall appoint
an interpreter. Before acting as an interpreter in a grand jury proceeding, the interpreter shall
make oath as provided in Rule 16-819 (d)(3). Compensation for the interpreter shall be in
accordance with Code, Courts Article, 9-114.
(d) Motion for disclosure. Unless disclosure of matters occurring before the grand jury is
permitted by law without court authorization, a motion for disclosure of such matters shall be
filed in the circuit court where the grand jury convened. If the moving party is a State's Attorney
who is seeking disclosure for enforcement of the criminal law of a state or the criminal law of the
United States, the hearing shall be ex parte. In all other cases, the moving party shall serve a
copy of the motion upon the State's Attorney, the parties to the judicial proceeding if disclosure
is sought in connection with such a proceeding, and such other persons as the court may direct.
The court shall conduct a hearing if requested within 15 days after service of the motion.
HISTORY: (Amended May 8, 2007, effective July 1, 2007; amended Sept. 10, 2009, effective
Oct. 1, 2009.)
MARYLAND RULES
Md. Rule 4-643 (2012)
Rule 4-643. Subpoena
(a) To appear before the grand jury. Any subpoena to appear before the grand jury shall be
issued: (1) by the clerk of a circuit court on request of the State's Attorney or the grand jury; or
(2) by the grand jury through its foreperson or deputy foreperson. The subpoena shall contain the
information required by Rule 4-266 (a).
(b) Enforcement -- Protective order. A subpoena to appear before the grand jury or pursuant to
Code, Criminal Procedure Article, 14-110 or 15-108 is enforceable only in circuit court in the
manner set forth in Rule 4-266 (d) and the witness or a person asserting a privilege to prevent
disclosure by the witness may apply for a protective order pursuant to Rule 4-266 (c).
HISTORY: (Amended Dec. 4, 2007, effective Jan. 1, 2008; June 16, 2009, effective June 17,
2009.)
MARYLAND RULES
Md. Rule 4-644 (2012)
Rule 4-644. Record and file
(a) Record of subpoena. The clerk of the circuit court shall maintain a record of each subpoena
issued by the clerk in a criminal investigation and the return on it.
(b) File. Upon the filing of any pleading, motion, or paper other than a
witness subpoena and return, the clerk shall establish a file for the criminal
investigation and designate the case as "In Re Criminal Investigation No.
......, in the Circuit Court for ..... ."
MARYLAND RULES
CHAPTER 700. POST CONVICTION DNA TESTING
Md. Rule 4-701 (2012)
Rule 4-701. Scope
The Rules in this Chapter apply to proceedings filed under Code, Criminal Procedure Article,
8-201.
MARYLAND RULES
Md. Rule 4-702 (2012)

In this Chapter, the terms "biological evidence," "DNA," "law enforcement agency," and
"scientific identification evidence" have the meanings set forth in Code, Criminal Procedure
Article, 8-201 (a).
MARYLAND RULES
Md. Rule 4-703 (2012)
Rule 4-703. Commencement of proceeding; venue
(a) Generally. A proceeding under this Chapter is commenced by the filing of a petition under
Code, Criminal Procedure Article, 8-201 by a person who:
(1) was convicted of a violation of one or more of the following sections of Code, Criminal Law
Article: 2-201, 2-204, 2-207, 3-303, 3-304, 3-305, and 3-306; and
(2) seeks (A) DNA testing of scientific identification evidence that (i) the State either possesses
or may acquire, on its own initiative or by court order, from a third party and (ii) is related to the
judgment of conviction, or (B) a search by a law enforcement agency of a law enforcement
database or log for the purpose of identifying the source of physical evidence used for DNA
testing.
(b) Venue. The petition shall be filed in the criminal action in the circuit court where the
charging document was filed.
MARYLAND RULES
Md. Rule 4-704 (2012)
(a) Content.
(1) In general. Each petition shall state:
(A) the petitioner's name and, if applicable, place of confinement and inmate identification
number;
(B) the court in which the charging document was filed, the date and place of trial, each offense
of which the petitioner was convicted, and the sentence imposed for each offense;
(C) a description of all previous proceedings in the case, including direct appeals, motions for
new trial, habeas corpus proceedings, post-conviction proceedings, and all other collateral
proceedings, including (i) the court in which each proceeding was filed, (ii) the case number of
each proceeding, (iii) the determinations made in each proceeding, and (iv) the date of each
determination; and
(D) a statement regarding whether the petitioner is able to pay the cost of testing and to employ
counsel. If indigent, the petitioner may request that the court appoint counsel.
(2) Request for DNA testing. If the request is for DNA testing of scientific identification
evidence, the petition shall contain:
(A) a description of the specific scientific identification evidence that the petitioner seeks to
have tested;
(B) a statement of the factual basis for the claims that (i) the State possesses that evidence or is
able to acquire it from a third party on its own initiative or by court order, (ii) the evidence is
related to the conviction, including a concise description of how the evidence is related to the
conviction, and (iii) a reasonable probability exists that the requested DNA testing has the
scientific potential to produce exculpatory or mitigating evidence relevant to a claim of wrongful
conviction or sentencing; and
(C) to the extent known: (i) a description of the type of DNA testing the petitioner seeks to
employ and (ii) a statement of the basis for a claim that the DNA testing method has achieved
general acceptance within the relevant scientific community.
(3) Request for search of law enforcement database or log. If the request is for a search of a law
enforcement agency database or log for the purpose of identifying the source of physical
evidence used for DNA testing, the petition shall:
(A) identify with particularity the law enforcement agency whose database or log is to be
searched; and
(B) state the factual basis for any claim that there is a reasonable probability that a search of the
database or log will produce exculpatory or mitigating evidence relevant to a claim of wrongful
conviction or sentencing or will identify the source of physical evidence used for DNA testing of
a law enforcement database or log.
Committee note. -- A petition filed by an unrepresented petitioner may be lacking in some of the
details required by subsections (a)(2) and (3) of this Rule. To justify an order requiring DNA
testing or a search of law enforcement databases or logs, however, those details must be provided
at some point. That may be achieved by the appointment of counsel under Rule 4-707 and an
appropriate amendment to the petition. See Simms v. State, -- Md. -- (No. 97, September Term
2008, filed July 24, 2009).
(b) Amendment. Amendments to the petition shall be freely allowed in order to do substantial
justice. If an amendment is made, the court shall allow the State a reasonable opportunity to
respond to the amendment.
(c) Withdrawal. On motion of a petitioner, the court may grant leave for the petitioner to
withdraw a petition. If the motion is filed before the court orders DNA testing or a search of a
law enforcement agency DNA database or log, the leave to withdraw shall be without prejudice.
If such an order has been issued, the leave to withdraw shall be with prejudice unless the court,
for good cause, orders otherwise.
MARYLAND RULES
Md. Rule 4-705 (2012)
(a) To State's Attorney. Upon receipt of a petition, the clerk promptly shall forward a copy of it
to the State's Attorney and the county administrative judge. If the petition seeks a search of the
DNA database or log of an identified law enforcement agency, the State's Attorney shall send a
copy of the petition to that law enforcement agency.
(b) To Public Defender. If the petition alleges that the petitioner is unable to pay the costs of
testing or to employ counsel, the clerk shall promptly forward a copy of the petition to the
Collateral Review Division of the Office of the Public Defender.
HISTORY: (Added Sept. 10, 2009, effective Oct. 1, 2009; amended June 7, 2011, effective July
1, 2011; Sept. 8, 2011, effective Oct. 1, 2011.)
MARYLAND RULES
Md. Rule 4-706 (2012)
Rule 4-706. Answer; motion to transfer
(a) Duty to file. The State's Attorney shall file an answer to the petition or a motion to transfer
based on improper venue.
(b) Motion to transfer.

(1) Time for filing. A motion to transfer shall be filed no later than 30 days after the State's
Attorney receives notice of the petition.
(2) Content. A statement of facts establishing proper venue, including the case number of the
case in which the judgment of conviction was entered, shall be attached to the motion to transfer.
(3) Determination; transfer. The court promptly shall grant or deny the motion to transfer. If the
court grants the motion, the court shall transfer the action to the circuit court of the county where
the petition should have been filed.
(4) Notice of transfer. If an action is transferred pursuant to subsection (b)(3) of this Rule, the
clerk of the receiving court promptly shall comply with the notice requirements of Rule 4-705.
(c) Answer.
(1) Time for filing. The answer shall be filed no later than the later of 60 days after the State's
Attorney receives notice of the filing or transfer of the petition or 60 days after the court denies a
motion to transfer. If an answer is not filed within the time required by this Rule or an extended
time allowed by the court, the court shall take such action as it deems appropriate.
Cross references. -- For extension of time requirements, see Rule 1-204.
(2) Content. The answer shall state or contain:
(A) whether the specific scientific identification evidence that the petitioner desires to have
tested exists and, if so, the location of the evidence, the name and business address of the
custodian of the evidence, whether the evidence is appropriate for DNA testing, and if not, the
reasons why it is not appropriate for DNA testing;
(B) if the State asserts that it has been unable to locate the evidence, an affidavit containing a
detailed description of all steps it took to locate the evidence, including (i) a description of all
law enforcement records, databases, and logs that were searched, (ii) a description and
documentation of when and how the searches were conducted, and (iii) the names and business
addresses of the persons who conducted them;
(C) if the State asserts that the evidence has been destroyed, an affidavit (i) containing a
description and documentation of all relevant protocols and legal requirements pertaining to the
destruction of the evidence, and (ii) stating whether the evidence was destroyed in conformance
with those protocols and legal requirements and, (a) if so, providing documentation of that fact,
and, (b) if not, stating the reasons for non-compliance with the protocols or legal requirements;
and
(D) a response to each allegation in the petition.
(d) Service. The State's Attorney shall serve a copy of the answer or motion to transfer on the
petitioner and, if the petitioner alleges an inability to pay the costs of testing or to employ
counsel, on the Collateral Review Division of the Office of the Public Defender.
HISTORY: (Added Sept. 10, 2009, effective Oct. 1, 2009; amended June 7, 2011, effective July
1, 2011; Sept. 8, 2011, effective Oct. 1, 2011.)
MARYLAND RULES
Md. Rule 4-707 (2012)
Rule 4-707. Denial of petition; appointment of counsel
(a) Denial of petition. Upon consideration of the State's answer, the court may deny the petition
if it finds as a matter of law that (1) the petitioner has no standing or (2) the facts alleged in the
petition do not entitle the petitioner to relief.
(b) Appointment of counsel. If the court finds that a petitioner who has requested the
appointment of counsel is indigent, the court shall appoint counsel within 30 days after the State
has filed its answer unless (1) the court denies the petition as a matter of law or (2) counsel has
already filed an appearance to represent the petitioner.
MARYLAND RULES
Md. Rule 4-708 (2012)
Rule 4-708. Response to answer
The petitioner may file a response to the answer no later than 60 days after the later of service
of the State's answer or entry of an order appointing counsel pursuant to Rule 4-707. The
response may (1) challenge the adequacy or the accuracy of the answer, (2) request that a search
of other law enforcement agency databases or logs be conducted for the purpose of identifying
the source of physical evidence used for DNA testing, and (3) be accompanied by an amendment
to the petition. The petitioner shall serve the response on the State's Attorney.
MARYLAND RULES
Md. Rule 4-709 (2012)
Rule 4-709. Hearing; procedure if no hearing
(a) When required. Except as otherwise provided in subsection (b)(2) of this Rule, the court
shall hold a hearing if, from the petition, answer, and any response, the court finds that the
petitioner has standing to file the petition and the petition is filed in the appropriate court, and
finds one of the following:
(1) specific scientific identification evidence exists or may exist that is related to the judgment
of conviction, a method of DNA testing of the evidence may exist that is generally accepted
within the relevant scientific community, and there is or may be a reasonable probability that the
testing has the scientific potential to produce exculpatory or mitigating evidence relevant to a
claim of wrongful conviction or sentencing;
(2) if the State contends that it has been unable to locate the evidence, there is a genuine dispute
as to whether the State's search was adequate;
(3) if the State contends that the evidence existed or may have existed but was destroyed, there
is a genuine dispute whether the destruction was in conformance with any relevant governing
protocols or was otherwise lawful;
(4) the State is unable to produce scientific evidence that the State was required to preserve
pursuant to Code, Criminal Procedure Article, 8-201 (i)(l); or
(5) there is some other genuine dispute as to whether DNA testing or a DNA database or log
search by a law enforcement agency should be ordered.
(b) When not required.
(1) For denial of petition. The court shall deny the petition without a hearing if it finds that:
(A) the petitioner has no standing to request DNA testing or a search of a law enforcement
agency DNA database or logs; or
(B) as a matter of law, the facts alleged in the petition pursuant to subsections (a)(2) and (3) of
Rule 4-704 do not entitle the petitioner to relief under Code, Criminal Procedure Article, 8-
201.
(2) For grant of petition. The court may enter an order granting the petition without a hearing if
the State and the petitioner enter into a written stipulation as to DNA testing or a DNA database
or log search and the court is satisfied with the contents of the stipulation. An order for DNA
testing shall comply with the requirements of Rule 4-710 (a)(2)(B).
(c) When hearing is discretionary. In its discretion, the court may hold a hearing when one is not
required.
(d) Time of hearing. Any hearing shall be held within (1) 90 days after service of any response to
the State's answer or, (2) if no response is timely filed, 120 days after service of the State's
answer.
(e) Written order if no hearing. If the court declines to hold a hearing, it shall enter a written
order stating the reasons why no hearing is required. A copy of that order shall be served on the
petitioner and the State's Attorney.
MARYLAND RULES
Md. Rule 4-710 (2012)
Rule 4-710. Disposition of petition after a hearing
(a) DNA testing.
(1) Denial of petition. The court shall deny a petition for DNA testing if it finds that:
(A) the State has made an adequate search for scientific identification evidence that is related to
the judgment of conviction, that no such evidence exists within its possession or within its ability
to acquire from a third party on its own initiative or by court order, and that no such evidence
that the State was required by law or applicable protocol to preserve was intentionally and
willfully destroyed; or
(B) scientific identification evidence exists but the method of testing requested by petitioner is
not generally accepted in the relevant scientific community, or that there is no reasonable
probability that DNA testing has the scientific potential to produce exculpatory or mitigating
evidence relevant to a claim of wrongful conviction or sentencing.
(2) Grant of petition.
(A) Order for DNA testing. The court shall order DNA testing if (i) the State agrees to the
testing, or (ii) after considering the petition, the answer by the State's Attorney, any response by
the petitioner, and any evidence adduced at a hearing on the petition, the court finds that specific
scientific identification evidence exists that is related to the judgment of conviction and there is a
reasonable probability that the requested testing has the scientific potential to produce
exculpatory or mitigating evidence relevant to a claim of wrongful conviction or sentencing.
(B) Contents of order.
(i) An order for DNA testing shall:
(a) designate the specific evidence to be tested;
(b) specify the method of testing to be used;
(c) specify the laboratory where the testing is to be performed, provided that, if the parties
cannot agree on a laboratory, the court may approve testing at any laboratory accredited by the
American Society of Crime Laboratory Directors, the Laboratory Accreditation Board, or the
National Forensic Science Technology Center;
(d) require that the laboratory send a report of the results of the testing as well as the raw data
and the laboratory notes to the petitioner and the State's Attorney; and
(e) contain a provision concerning the payment of the cost of the testing.
(ii) An order for DNA testing also may:
(a) provide for the release of biological evidence by a third party;
(b) require the preservation of some of the sample for replicate testing and analysis or, if that is
not possible, the preservation of some of the DNA extract for testing by the State; and
(c) contain any other appropriate provisions.
(3) Inability of State to produce scientific evidence. If the State is unable to produce scientific
evidence that the State was required to preserve pursuant to Code, Criminal Procedure Article,
8-201 (j) or former Code, Criminal Procedure Article, 8-201 (i), and the court, after a hearing,
determines that the failure to produce evidence was the result of intentional and willful
destruction, the court shall:
(i) if no post conviction proceeding was previously filed by the petitioner under Code, Criminal
Procedure Article, 7-102, open such a proceeding;
(ii) if a post conviction proceeding is currently pending, permit the petitioner to amend the
petition in that proceeding in light of the court's finding; or
(iii) if a post conviction proceeding was previously filed by petitioner under Code, Criminal
Procedure Article, 7-102, but is no longer pending, reopen the proceeding under Code,
At any such post conviction hearing, the court shall infer that the results of the post conviction
DNA testing would have been favorable to the petitioner.
(b) DNA Database or log search. The court shall order a database or log search by a law
enforcement agency for the purpose of identifying the source of physical evidence used for DNA
testing if (i) the State agrees to the search, or (ii) after considering the petition, the answer by the
State's Attorney, any response by the petitioner, and any evidence adduced at a hearing on the
petition, the court finds that a reasonable probability exists that the database or log search will
produce exculpatory or mitigating evidence relevant to a claim of wrongful conviction or
sentencing. In all other cases, the court shall deny the petition.
MARYLAND RULES
Md. Rule 4-711 (2012)
Rule 4-711. Further proceedings following testing
(a) If test results unfavorable to petitioner. If the test results fail to produce exculpatory or
mitigating evidence relevant to a claim of wrongful conviction or sentencing, the court shall
dismiss the petition and assess the cost of DNA testing against the petitioner.
(b) If test results favorable to petitioner.
(1) If the test results produce exculpatory or mitigating evidence relevant to a claim of wrongful
conviction or sentencing, the court shall order the State to pay the costs of the testing and:
(A) if no post conviction proceeding was previously filed by the petitioner under Code, Criminal
Law Article, 7-102, open such a proceeding;
(B) if a post conviction proceeding is currently pending, permit the petitioner to amend the
petition in that proceeding; or
(C) if a post conviction proceeding was previously filed by the petitioner under Code, Criminal
Law Article, 7-102, reopen the proceeding under Code, Criminal Law Article, 7-104; or
(D) if the court finds that a substantial possibility exists that the petitioner would not have been
convicted if the DNA testing results had been known or introduced at trial, order a new trial.
(2) If the court finds that (A) the test results produce exculpatory or mitigating evidence relevant
to a claim of wrongful conviction or sentencing but (B) a substantial possibility does not exist
that the petitioner would not have been so convicted or sentenced if the test results had been
known or introduced at trial, the court may order a new trial if it also finds that such action is in
the interest of justice.
(3) If the court grants a new trial under subsection (b)(1)(D) or (b)(2) of this Rule, the court may
order the release of the petitioner on bond or on conditions that the court finds will reasonably
assure the presence of the petitioner at trial.
MARYLAND RULES
BAIL BOND FORMS
Md. Rules Form 4-217.1 (2012)
Form 4-217.1. Declaration of trust of real estate to secure performance of a bail bond
DECLARATION OF TRUST OF REAL ESTATE

TO SECURE PERFORMANCE OF A BAIL BOND
STATE OF MARYLAND,
The undersigned [] Defendant, [] Surety,..................................

(name)
of......................................................, in order to secure
(address)
the performance of the bail bond annexed hereto, being first sworn (or, if
Surety is a corporation, its undersigned officer being first sworn),
acknowledges and declares under oath as follows:
That the undersigned is the sole owner of [] a fee simple absolute, or [] a

leasehold subject to an annual ground rent of $........................, in
certain land and premises situate in................................. Maryland
(county)
and described as..........................................................

(lot, block, and subdivision or other legal description)
That the undersigned is competent to execute a conveyance of said land and

premises; and
That the undersigned hereby holds the same in trust to the use and subject
to the demand of the State of Maryland as collateral security for the
performance of that bond;
That the property is assessed for $...... x .8 = $.....
from which the following encumbrances should be deducted:
Ground rent capitalized at %* $.....
Mortgages/Deeds of Trust totaling $.....
Federal/State Tax Liens $.....
Mechanics Liens $.....
Judgment & Other Liens $.....
Other outstanding Bail Bonds $.....
Total Encumbrances $..... $.....
and that the present net equity in the property is $.....
* The capitalization rates for ground leases are: (1) 4% for leases
executed from April 9, 1884 to April 5, 1888, inclusive; (2) 12% for leases
created after July 1, 1982; and (3) 6% for leases created at any other time.
See Code, Real Property Article, 8-110.
That, if the undersigned is a body corporate, this Declaration of Trust is

its act and deed and that its undersigned officer is fully authorized to
execute this Declaration of Trust on its behalf.
And the undersigned further declares, covenants, and undertakes not to

sell, transfer, convey, assign, or encumber the land and premises or any
interest therein, so long as the bail bond hereby secured remains undischarged
and in full force and effect, without the consent of the court in which the
bail bond is filed, it being understood that upon discharge of the bail bond
the clerk of the court will execute a release in writing endorsed on the foot
of this document (or by a separate Deed of Release), which may be recorded in
the same manner and with like effect of a release of mortgage if this
Declaration of Trust is recorded among the Land Records.
................................................(Seal)
(Defendant)
or..............................................(Seal)
(Surety)
by..................................................
SWORN to, signed, sealed, and acknowledged before me this ..... day of
........., .......
(month(year)
)
.................................................
Commissioner/Clerk/Judge
of the........................................Court
for....................................County/City
MARYLAND RULES
BAIL BOND FORMS
Md. Rules Form 4-217.2 (2012)
Form 4-217.2. Bail bond
(Caption)
BAIL BOND
KNOW ALL PERSONS BY THESE PRESENTS:
That I/we, the undersigned, jointly and severally acknowledge that I/we,
our personal representatives, successors, and assigns are held and firmly
bound unto the State of Maryland in the penalty sum of ....... Dollars
($......)
[] without collateral security;
[] with collateral security equal in value to the greater of $ 25.00 or

......% of the penalty sum;
[] with collateral security equal in value to the full penalty amount;
[] with the obligation of the corporation .............. which is an

insurer or other surety in the full penalty amount.
To secure payment the [] defendant [] surety has
[] deposited [] in cash or [] by certified check the amount of $...........
[] pledged the following intangible personal property:....................
.............................................................................
[] encumbered the real estate described in the Declaration of Trust filed

herewith, or in a Deed of Trust dated the .............. day of..............,
(month)
......, from the undersigned surety to .........., to the use of the State
of
(year)
Maryland.
THE CONDITION OF THIS BOND IS that the defendant personally appear, as

required, in any court in which the charges are pending, or in which a
charging document may be filed based on the same acts or transactions, or to
which the action may be transferred, removed, or, if from the District Court,
appealed.
IF, however, the defendant fails to perform the foregoing condition, this
bond shall be forfeited forthwith for payment of the above penalty sum in
accordance with law.
IT IS AGREED AND UNDERSTOOD that this bond shall continue in full force and
effect until discharged pursuant to Rule 4-217.
AND the undersigned surety covenants that the only compensation chargeable
in connection with the execution of this bond consisted of a [] fee, []
premium, [] service charge for the loan of money, or other (describe)........
.............................................................................
of $.....
AND the undersigned surety covenants that no collateral was or will be

deposited, pledged, or encumbered directly or indirectly in favor of the
surety in connection with the execution of this bond except:.................
IN WITNESS WHEREOF, these presents have been executed under seal this
....... day of ........, ......
(month) (year)
........... ..... (SEAL)................................
Defendant Address of Defendant
........... ..... (SEAL)................................
Personal Surety Address of Surety
........... ..... (SEAL)................................
Surety-Insurer Address of Surety-Insurer
By: ........... ... (SEAL)................................

Bail Bondsman Power of Attorney No.
SIGNED, sealed, and acknowledged before me:
......................................
Commissioner/Clerk/Judge of the
...............................Court for
............................County/City
HISTORY: (Amended Apr. 7, 1986, effective July 1, 1986; May 9, 2000, effective July 1,
2000.)
MARYLAND RULES
FORMS FOR EXPUNGEMENT OF RECORDS
Md. Rules Form 4-503.1 (2012)
Form 4-503.1. Request for expungement of police record for an arrest, detention, or confinement
occurring before October 1, 2007 where no charge was filed
REQUEST FOR EXPUNGEMENT OF POLICE RECORD

FOR AN ARREST, DETENTION, OR CONFINEMENT OCCURRING
BEFORE OCTOBER 1, 2007 WHERE NO CHARGE WAS FILED
To: .....................................
(law enforcement agency)
.........................................
(Address)
.........................................
1. On or about ..............., ...., I was arrested, detained, or
confined by
(Date)
a law enforcement officer of your agency at ...................., Maryland

as a result of the following incident (Specify)..............................
.............................................................................
.............................................................................
.............................................................................
2. I was released from detention or confinement on or about..............
(Date)
....., ...., without being charged with a crime.
3. I hereby request that the police record of my arrest, detention, or

confinement be expunged.
...................
(Date)
...............................................
(Signature)
...............................................
(Name -- Printed)
...............................................
(Address)
...............................................
...............................................
(Telephone No.)
HISTORY: (Amended Jan. 20, 1999, effective July 1, 1999; Dec. 4, 2007, effective Jan. 1,
2008.)
MARYLAND RULES
Md. Rules Form 4-503.2 (2012)
Form 4-503.2. General waiver and release
GENERAL WAIVER AND RELEASE
I, ..............., hereby release and forever discharge.....................

(complainant)
and the....................................................................,
all of its officers, agents and employees, and any and all other persons
from any and all claims which I may have for wrongful conduct by reason of my
arrest, detention, or confinement on or about................................
This General Waiver and Release is conditioned on the expungement of the

record of my arrest, detention, or confinement and compliance with Code*,
Criminal Procedure Article, 10-105, as applicable, and shall be void if
these conditions are not met.
WITNESS my hand and seal this ...............(Date)
TESTE:
......................................
Witness
...........................................(Seal)
Signature
* The reference to "Code" in this General Waiver and Release is to the Annotated Code of
Maryland.
HISTORY: (Amended June 8, 1998, effective October 1, 1998; Jan. 8, 2002, effective Feb. 1,
MARYLAND RULES
Md. Rules Form 4-503.3 (2012)
Form 4-503.3. Application for expungement of police record
(Caption)
APPLICATION FOR EXPUNGEMENT

OF POLICE RECORD
1. On or about ..............., ...., I was arrested, detained, or

confined by
(Date)
an officer of the.........................................at ..............,
Maryland as a result of the following incident............................
.............................................................................
2. On or about ..............., ...., I was released without having been
(Date)
charged with a crime.
3. On or about ..............., ...., I requested the law enforcement

agency
(Date)
to expunge my police record pertaining to the incident.
4. The above named law enforcement agency (check appropriate box):
[] issued the attached Notice of Denial of Request for Expungement.
[] failed to notify me of any action taken within 60 days after receipt of

my Notice and Request for Expungement.
WHEREFORE, I request the Court to enter an Order of Expungement of all
police records pertaining to my arrest, detention, or confinement, and all
court records of these proceedings.
application are true to the best of my knowledge, information, and belief and
that the arrest to which this application relates was not made for any
nonincarcerable violation of the Vehicle Laws of the State of Maryland or any
traffic law, ordinance, or regulation.
.........................
(date)
...............................................
(Signature)
...............................................
(Name -- Printed)
...............................................
(Address)
...............................................
...............................................
(Telephone No.)
HISTORY: (Amended Jan. 20, 1999, effective July 1, 1999.)
MARYLAND RULES
Md. Rules Form 4-503.4 (2012)
Form 4-503.4. Notice of hearing
(Caption)
NOTICE OF HEARING
TO THE LAW ENFORCEMENT AGENCY SERVED HEREWITH:
A hearing on the foregoing Application for Expungement of Records has been

set for ..................., at ....M. in the District Court for
................
(Date)
City/County at ..............., Maryland, at which time an Order for

Expungement of Records may be entered.
If you wish to oppose the application, within 30 days after the service of
this Notice of Hearing you must file and serve upon the applicant or the
applicant's attorney of record an answer stating in detail your specific
grounds for objection.
Issued this ......... day of ................
(Month) (Year)
...............................................
Clerk
MARYLAND RULES
Md. Rules Form 4-504.1 (2012)
Form 4-504.1. Petition for expungement of records
(Caption)
PETITION FOR EXPUNGEMENT OF RECORDS
1. (Check one of the following boxes) On or about , I was
(Date)
[ ] arrested, [ ] served with a summons, or [ ] served with a citation by

an officer of the
(Law Enforcement Agency)
at , Maryland, as a result of the following

incident
2. I was charged with the offense of .
3. On or about ,
(Date)
the charge was disposed of as follows (check one of the following boxes):
[] I was acquitted and either three years have passed since disposition or
a General Waiver and Release is attached.
[] The charge was dismissed or quashed and either three years have passed
since disposition or a General Waiver and Release is attached.
[] A judgment of probation before judgment was entered on a charge that is

not a violation of Code*, Transportation Article, 21-902 or Code*, Criminal
Law Article, 2-503, 2-504, 2-505, or 2-506, or former Code*, Article 27,
388A or 388B, and either (a) at least three years have passed since the
disposition, or (b) I have been discharged from probation, whichever is later.
Since the date of disposition, I have not been convicted of any crime, other
than violations of vehicle or traffic laws, ordinances, or regulations not
carrying a possible sentence of imprisonment; and I am not now a defendant in
any pending criminal action other than for violation of vehicle or traffic
laws, ordinances, or regulations not carrying a possible sentence of
imprisonment.
[] A Nolle Prosequi was entered and either three years have passsed since
disposition or a General Waiver and Release is attached. Since the date of
disposition, I have not been convicted of any crime, other than violations of
vehicle or traffic laws, ordinances, or regulations not carrying a possible
sentence of imprisonment; and I am not now a defendant in any pending criminal
action other than for violation of vehicle or traffic laws, ordinances, or
regulations not carrying a possible sentence of imprisonment.
[] The proceeding was stetted and three years have passed since
disposition. Since the date of disposition, I have not been convicted of any
crime, other than violations of vehicle or traffic laws, ordinances, or
regulations not carrying a possible sentence of imprisonment; and I am not now
a defendant in any pending criminal action other than for violation of vehicle
or traffic laws, ordinances, or regulations not carrying a possible sentence
of imprisonment.
[] I was convicted of a crime specified in Code, Criminal

Procedure Article, 10-105(a)(9); three years have passed since the later of
the conviction or satisfactory completion of the sentence, including
probation; and I am not now a defendant in any pending criminal action
other than for violation of vehicle or traffic laws, ordinances, or
[] The case was compromised or dismissed pursuant to Code*, Criminal Law

Article, 3-207, former Code*, Article 27, 12A-5, or former Code*, Article
10, 37 and three years have passed since disposition.
[] On or about , I was granted
(Date)
a full and unconditional pardon by the Governor for the one criminal act,
not a crime of violence as defined in Code*, Criminal Law Article, 14-101
(a), of which I was convicted. Not more than ten years have passed since the
Governor signed the pardon, and since the date the Governor signed the pardon
I have not been convicted of any crime, other than violations of vehicle or
traffic laws, ordinances, or regulations not carrying a possible sentence of
imprisonment; and I am not now a defendant in any pending criminal action
other than for violation of vehicle or traffic laws, ordinances, or
WHEREFORE, I request the Court to enter an Order for Expungement of all

police and court records pertaining to the above arrest, detention,
confinement, and charges.
Petition are true to the best of my knowledge, information and belief, and
that the charge to which this Petition relates was not made for any
nonincarcerable violation of the Vehicle Laws of the State of Maryland, or any
traffic law, ordinance, or regulation, nor is it part of a unit the
expungement of which is precluded under Code*, Criminal Procedure Article,
10-107.
(Date) Signature
(Address)
(Telephone No.)
* References to "Code" in this Petition are to the Annotated Code of Maryland.
1998; Jan. 20, 1999, effective July 1, 1999; Oct. 5, 1999; Jan. 8, 2002, effective Feb. 1, 2002;
Oct. 31, 2002, effective Jan. 1, 2003; Nov. 12, 2003, effective Jan. 1, 2004; April 5, 2005,
effective July 1, 2005; amended Nov. 8, 2005, effective Jan. 1, 2006; Feb. 10, 2009, effective
May 1, 2009.)
MARYLAND RULES
Md. Rules Form 4-504.3 (2012)
Form 4-504.3. Petition for expungement of records (pardon)
Rescinded.
MARYLAND RULES
Md. Rules Form 4-508.1 (2012)
Form 4-508.1. Order for expungement of records
(Caption)
ORDER FOR EXPUNGEMENT OF RECORDS
Having found that

(Name)
of
(Address)
is entitled to expungement of the police records pertaining to his/her
arrest, detention, or confinement on or about
(Date)
at Maryland,
by a law enforcement officer of the
and the court records in this action, it is by the
Court for
City/County, Maryland, this day of ,
(Month) (Year)
ORDERED that the clerk forthwith shall serve a true copy of this Order on
each of the parties to this proceeding; and it is further
ORDERED that the clerk forthwith shall serve on each custodian of police
and court records designated in this Order and on the Central Repository a
copy of this Order together with a blank form of Certificate of Compliance;
and it is further
ORDERED that within 60 days after the entry of this Order or, if this Order
is stayed, 30 days after the stay is lifted, the clerk and the following
custodians of court and police records and the Central Repository shall (1)
expunge all court and police records pertaining to this action or proceeding
in their custody, (2) file an executed Certificate of Compliance, and (3)
serve a copy of the Certificate of Compliance on the
applicant/petitioner/defendant; and it is further
ORDERED that the clerk and other custodians of records forthwith upon
receipt of this Order if it is not stayed or notice that the stay is lifted
shall remove the records from public inspection; and it is further
ORDERED that this Order
[] is stayed pending further order of the court.
[] is not stayed.
(Custodian) (Address)
Date Judge
NOTICE TO APPLICANT/PETITIONER/DEFENDANT: Until a custodian of records

has received a copy of this Order AND filed a Certificate of Compliance,
expungement of the records in the custody of that custodian is not complete
and may not be relied upon.
HISTORY: (Amended June 8, 1998, effective Oct. 1, 1998; Oct. 31, 2002, effective Jan. 1,
2003; amended Nov. 8, 2005, effective Jan. 1, 2006.)
MARYLAND RULES
Md. Rules Form 4-508.2 (2012)
Form 4-508.2. Order for expungement of records

Rescinded.
MARYLAND RULES
Md. Rules Form 4-508.3 (2012)
Form 4-508.3. Certificate of compliance
CERTIFICATE OF COMPLIANCE
On this ......... day of ..............., .........., I have complied with
(month) (year)
the Order for Expungement of Records dated ........................

entered in the above-captioned case.
.....................................................
Custodian
.....................................................
Signature
.....................................................
Title
MARYLAND RULES
Md. Rule 4-504.2 (2012)
Rule 4-504.2. Petition for expungement of records (probation or stet disposition)
Rescinded.
MARYLAND RULES
TITLE 5. EVIDENCE
Md. Rule 5-101 (2012)

Rule 5-101. Scope
(a) Generally. Except as otherwise provided by statute or rule, the rules in this Title apply to all
actions and proceedings in the courts of this State.
(b) Rules inapplicable. The rules in this Title other than those relating to the competency of
witnesses do not apply to the following proceedings:
(1) Proceedings before grand juries;
(2) Proceedings for extradition or rendition;
(3) Direct contempt proceedings in which the court may act summarily;
(4) Small claim actions under Rule 3-701 and appeals under Rule 7-112 (d)(2);
(5) Issuance of a summons or warrant under Rule 4-212;
(6) Pretrial release under Rule 4-216 or release after conviction under Rule 4-349;
(7) Preliminary hearings under Rule 4-221;
(8) Post-sentencing procedures under Rule 4-340;
(9) Sentencing in non-capital cases under Rule 4-342;
(10) Issuance of a search warrant under Rule 4-601;
(11) Detention and shelter care hearings under Rule 11-112; and
(12) Any other proceeding in which, prior to the adoption of the rules in this Title, the court was
traditionally not bound by the common-law rules of evidence.
Committee note. -- The Rules in this Chapter are not intended to limit the Court of Appeals in
defining the application of the rules of evidence in sentencing proceedings in capital cases or to
override specific statutory provisions regarding the admissibility of evidence in those
proceedings. See, for example, Tichnell v. State, 290 Md. 43 (1981); Code, Correctional Services
Article, 6-112 (c).
(c) Discretionary application. In the following proceedings, the court, in the interest of justice,
may decline to require strict application of the rules in this Title other than those relating to the
competency of witnesses:
(1) The determination of questions of fact preliminary to admissibility of evidence when the
issue is to be determined by the court under Rule 5-104 (a);
(2) Proceedings for revocation of probation under Rule 4-347;
(3) Hearings on petitions for post-conviction relief under Rule 4-406;
(4) Plenary proceedings in the Orphans' Court under Rule 6-462;
(5) Waiver hearings under Rule 11-113;
(6) Disposition hearings under Rule 11-115, including permanency planning hearings under
Code, Courts Article, 3-823;
(7) Modification hearings under Rule 11-116;
(8) Catastrophic health emergency proceedings under Title 15, Chapter 1100;
(9) Hearings on petitions for coram nobis under Rule 15-1206; and
(10) Any other proceeding in which, prior to the adoption of the rules in this Title, the court was
authorized to decline to apply the common-law rules of evidence.
(d) Privileges. In all actions and proceedings, lawful privileges shall be respected.
HISTORY: (Amended June 5, 1996, effective Jan. 1, 1997; April 5, 2005, effective July 1,
2005; amended Nov. 8, 2005, effective Jan. 1, 2006; Dec. 4, 2007, effective Jan. 1, 2008.)
MARYLAND RULES
TITLE 5. EVIDENCE
Md. Rule 5-102 (2012)
Rule 5-102. Purpose and construction
The rules in this Title shall be construed to secure fairness in administration, eliminate
unjustifiable expense and delay, and promote the growth and development of the law of evidence
to the end that the truth may be ascertained and proceedings justly determined.
MARYLAND RULES
TITLE 5. EVIDENCE
Md. Rule 5-103 (2012)
Rule 5-103. Rulings on evidence

(a) Effect of erroneous ruling. Error may not be predicated upon a ruling that admits or
excludes evidence unless the party is prejudiced by the ruling, and
(1) Objection. In case the ruling is one admitting evidence, a timely objection or motion to strike
appears of record, stating the specific ground of objection, if the specific ground was requested
by the court or required by rule; or
(2) Offer of proof. In case the ruling is one excluding evidence, the substance of the evidence
was made known to the court by offer on the record or was apparent from the context within
which the evidence was offered. The court may direct the making of an offer in question and
answer form.
Committee note. -- This Rule is not intended to preclude the making of objections or offers of
proof by a motion in limine. See Prout v. State, 311 Md. 348 (1988), for special circumstances
when an offer of proof is not required after the court has made a pretrial ruling excluding
evidence. This Rule is also not intended to change the existing standard for harmless error in a
criminal case. See Dorsey v. State, 276 Md. 638 (1976).
(b) Explanation of ruling. The court may add to the ruling any statement that shows the character
of the evidence, the form in which it was offered, and the objection made.
(c) Hearing of jury. Proceedings shall be conducted, to the extent practicable, so as to prevent
inadmissible evidence from being suggested to a jury by any means, such as making statements
or offers of proof or asking questions within the hearing of the jury.
MARYLAND RULES
TITLE 5. EVIDENCE
Md. Rule 5-104 (2012)
Rule 5-104. Preliminary questions
(a) Questions of admissibility generally. Preliminary questions concerning the qualification of

a person to be a witness, the existence of a privilege, or the admissibility of evidence shall be
determined by the court, subject to the provisions of section (b). In making its determination, the
court may, in the interest of justice, decline to require strict application of the rules of evidence,
except those relating to privilege and competency of witnesses.
Committee note. -- See United States v. Zolin, 491 U.S. 554 (1989) and Zaal v. State, 326 Md. 54
(1992), noting the ability of a court, upon a proper foundation, to inspect privileged material in
camera.
(b) Relevance conditioned on fact. When the relevance of evidence depends upon the fulfillment
of a condition of fact, the court shall admit it upon, or subject to, the introduction of evidence
sufficient to support a finding by the trier of fact that the condition has been fulfilled.
(c) Hearing of jury. Hearings on preliminary matters shall be conducted out of the hearing of the
jury when required by rule or the interests of justice.
(d) Testimony by accused. The accused does not, by testifying upon a preliminary matter of
admissibility, become subject to cross-examination as to other issues in the case.
Committee note. -- An accused who testifies only on a preliminary matter of admissibility can be
cross-examined only on that matter and as to credibility. See also Rule 5-611 (b) (2).
(e) Weight and credibility. This rule does not limit the right of a party to introduce before the
trier of fact evidence relevant to weight or credibility.
MARYLAND RULES
TITLE 5. EVIDENCE
Md. Rule 5-105 (2012)
Rule 5-105. Limited admissibility
When evidence is admitted that is admissible as to one party or for one purpose but not
admissible as to another party or for another purpose, the court, upon request, shall restrict the
evidence to its proper scope and instruct the jury accordingly
MARYLAND RULES
TITLE 5. EVIDENCE
Md. Rule 5-106 (2012)
Rule 5-106. Remainder of or related writings or recorded statements
When part or all of a writing or recorded statement is introduced by a party, an adverse party
may require the introduction at that time of any other part or any other writing or recorded
statement which ought in fairness to be considered contemporaneously with it.
MARYLAND RULES
TITLE 5. EVIDENCE
CHAPTER 200. JUDICIAL NOTICE
Md. Rule 5-201 (2012)
Rule 5-201. Judicial notice of adjudicative facts

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

Maryland, that presumption shall have the same effect in Maryland as it has in the other
jurisdiction.
MARYLAND RULES
TITLE 5. EVIDENCE
CHAPTER 400. RELEVANCY AND ITS LIMITS
Md. Rule 5-401 (2012)
Rule 5-401. Definition of "relevant evidence"
"Relevant evidence" means evidence having any tendency to make the existence of any fact
that is of consequence to the determination of the action more probable or less probable than it
would be without the evidence.
MARYLAND RULES
TITLE 5. EVIDENCE
Md. Rule 5-402 (2012)
Rule 5-402. Relevant evidence generally admissible; irrelevant evidence inadmissible
Except as otherwise provided by constitutions, statutes, or these rules, or by decisional law not
inconsistent with these rules, all relevant evidence is admissible. Evidence that is not relevant is
not admissible.
MARYLAND RULES
TITLE 5. EVIDENCE
Md. Rule 5-403 (2012)
Rule 5-403. Exclusion of relevant evidence on grounds of prejudice, confusion, or waste of time
Although relevant, evidence may be excluded if its probative value is substantially outweighed
by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by
considerations of undue delay, waste of time, or needless presentation of cumulative evidence.
MARYLAND RULES
TITLE 5. EVIDENCE
Md. Rule 5-404 (2012)
Rule 5-404. Character evidence not admissible to prove conduct; exceptions; other crimes
(a) Character evidence.
(1) Prohibited uses. Subject to subsections (a)(2) and (3) of this Rule, evidence of a person's
character or character trait is not admissible to prove that the person acted in accordance with the
character or trait on a particular occasion.
(2) Criminal and delinquency cases. Subsection (a)(2) of this Rule applies in a criminal case and
in a delinquency case. For purposes of subsection (a)(2), "accused" means a defendant in a
criminal case and an individual alleged to be delinquent in an action in juvenile court, and
"crime" includes a delinquent act as defined by Code, Courts Article, 3-8A-01.
(A) Character of accused. An accused may offer evidence of the accused's pertinent trait of
character. If the evidence is admitted, the prosecution may offer evidence to rebut it.
(B) Character of victim. Subject to the limitations in Rule 5-412, an accused may offer evidence
of an alleged crime victim's pertinent trait of character. If the evidence is admitted, the
prosecutor may offer evidence to rebut it.
(C) Homicide case. In a homicide case, the prosecutor may offer evidence of the alleged victim's
trait of peacefulness to rebut evidence that the victim was the first aggressor.
(3) Character of witness. Evidence of the character of a witness with regard to credibility may be
admitted under Rules 5-607, 5-608, and 5-609.
(b) Other crimes, wrongs, or acts. Evidence of other crimes, wrongs, or acts including acts as
defined by Code, Courts Article, 3-801 is not admissible to prove the character of a person in
order to show action in conformity therewith. Such evidence, however, may be admissible for
other purposes, such as proof of motive, opportunity, intent, preparation, common scheme or
plan, knowledge, identity, or absence of mistake or accident.
HISTORY: (Amended October 20, 2010, effective January 1, 2011.)
MARYLAND RULES
TITLE 5. EVIDENCE
Md. Rule 5-405 (2012)

Rule 5-405. Methods of proving character
(a) Reputation or opinion. In all cases in which evidence of character or a trait of character of a
person is admissible, proof may be made by testimony as to reputation or by testimony in the
form of an opinion. On cross-examination, inquiry is allowable into relevant specific instances of
conduct.
(b) Specific instances of conduct. In cases in which character or a trait of character of a person is
an essential element of a charge, claim, or defense, proof may also be made of relevant specific
instances of that person's conduct.
MARYLAND RULES
TITLE 5. EVIDENCE
Md. Rule 5-406 (2012)
Rule 5-406. Habit; routine practice
Evidence of the habit of a person or of the routine practice of an organization is relevant to

prove that the conduct of the person or organization on a particular occasion was in conformity
with the habit or routine practice.
MARYLAND RULES
TITLE 5. EVIDENCE
Md. Rule 5-407 (2012)
Rule 5-407. Subsequent remedial measures
(a) In general. When, after an event, measures are taken which, if in effect at the time of the
event, would have made the event less likely to occur, evidence of the subsequent measures is
not admissible to prove negligence or culpable conduct in connection with the event.
(b) Admissibility for other purposes. This Rule does not require the exclusion of evidence of
subsequent measures when offered for another purpose, such as (1) impeachment or (2) if
controverted, ownership, control, or feasibility of precautionary measures.
MARYLAND RULES
TITLE 5. EVIDENCE
Md. Rule 5-408 (2012)
Rule 5-408. Compromise and offers to compromise
(a) The following evidence is not admissible to prove the validity, invalidity, or amount of a
civil claim in dispute:
(1) Furnishing or offering or promising to furnish a valuable consideration for the purpose of
compromising or attempting to compromise the claim or any other claim;
(2) Accepting or offering to accept such consideration for that purpose; and
(3) Conduct or statements made in compromise negotiations or mediation.
(b) This Rule does not require the exclusion of any evidence otherwise obtained merely because
it is also presented in the course of compromise negotiations or mediation.
(c) Except as otherwise provided by law, evidence of a type specified in section (a) of this Rule
is not excluded under this Rule when offered for another purpose, such as proving bias or
prejudice of a witness, controverting a defense of laches or limitations, establishing the existence
of a "Mary Carter" agreement, or proving an effort to obstruct a criminal investigation or
prosecution, but exclusion is required where the sole purpose for offering the evidence is to
impeach a party by showing a prior inconsistent statement.
(d) When an act giving rise to criminal liability would also result in civil liability, evidence that
would be inadmissible in a civil action is also inadmissible in a criminal action based on that act.
MARYLAND RULES
TITLE 5. EVIDENCE
Md. Rule 5-409 (2012)
Rule 5-409. Payment of medical and similar expenses
Evidence of furnishing, offering, or promising to pay medical, hospital, or similar expenses

occasioned by an injury is not admissible to prove civil or criminal liability for the injury.
MARYLAND RULES
TITLE 5. EVIDENCE
Md. Rule 5-410 (2012)

Rule 5-410. Inadmissibility of pleas, plea discussions, and related statements
(a) Generally. Except as otherwise provided in this Rule, evidence of the following is not
admissible against the defendant who made the plea or was a participant in the plea discussions:
(1) a plea of guilty which was not accepted or which was later withdrawn or vacated;
(2) a plea of nolo contendere, except as otherwise provided in these rules;
(3) any statement made in the course of any proceedings under Rule 4-243 or comparable state
or federal procedure regarding a plea specified in subsection (a) (1) or (a) (2) of this Rule, except
in a criminal proceeding for perjury or false statement if the statement was made by the
defendant under oath and on the record; or
(4) any statement made in the course of plea discussions with an attorney for the prosecuting
authority which do not result in a plea of guilty or nolo contendere or which result in a plea of
guilty or nolo contendere which was not accepted or was later withdrawn or vacated.
(b) Exceptions.
(1) A statement of a type specified in subsections (a) (3) or (a) (4) of this Rule is not excluded
under this Rule in any proceeding wherein another statement made in the course of the same plea
or plea discussions has been introduced and the statement ought in fairness be considered with it;
(2) A statement of the type specified in subsection (a) (3) of this Rule may be admissible in a
subsequent civil proceeding as a prior inconsistent statement, if offered to attack the credibility
of the person who made the statement.
(c) Definition. For purposes of this Rule, a guilty plea that is the subject of an appeal from the
District Court to the circuit court is not considered withdrawn or vacated.
MARYLAND RULES
TITLE 5. EVIDENCE
Md. Rule 5-411 (2012)
Rule 5-411. Liability insurance
Evidence that a person was or was not insured against liability is not admissible upon the issue
whether the person acted negligently or otherwise wrongfully. This Rule does not require the
exclusion of evidence of insurance against liability when offered for another purpose, such as
proof of agency, ownership, or control, or bias or prejudice of a witness.
MARYLAND RULES
TITLE 5. EVIDENCE
Md. Rule 5-412 (2012)
Rule 5-412. Sex offense cases; relevance of victim's past behavior
In prosecutions for any sex offense under Code, Criminal Law Article, Title 3, Subtitle 3 or a
lesser included crime; the sexual abuse of a minor under Code, Criminal Law Article, 3-602 or
a lesser included crime; or the sexual abuse of a vulnerable adult under Code, Criminal Law
Article, 3-604 or a lesser included crime, admissibility of evidence relating to the victim's
sexual history is governed by Code, Criminal Law Article, 3-319.
2004.)
MARYLAND RULES
TITLE 5. EVIDENCE
CHAPTER 600. WITNESSES
Md. Rule 5-601 (2012)
Rule 5-601. General rule of competency
Except as otherwise provided by law, every person is competent to be a witness.
MARYLAND RULES
TITLE 5. EVIDENCE
Md. Rule 5-602 (2012)
Rule 5-602. Lack of personal knowledge
Except as otherwise provided by Rule 5-703, a witness may not testify to a matter unless
evidence is introduced sufficient to support a finding that the witness has personal knowledge of
the matter. Evidence to prove personal knowledge may, but need not, consist of the witness's
own testimony.
MARYLAND RULES
TITLE 5. EVIDENCE
Md. Rule 5-603 (2012)

Rule 5-603. Oath or affirmation
Before testifying, a witness shall be required to declare that the witness will testify truthfully.
The declaration shall be by oath or affirmation administered either in the form specified by Rule
1-303 or, in special circumstances, in some other form of oath or affirmation calculated to
impress upon the witness the duty to tell the truth.
MARYLAND RULES
TITLE 5. EVIDENCE
Md. Rule 5-604 (2012)
Rule 5-604. Interpreters
Deleted.
MARYLAND RULES
TITLE 5. EVIDENCE
Md. Rule 5-605 (2012)
Rule 5-605. Competency of judge as witness
The judge presiding at the trial may not testify in that trial as a witness. No objection need be
made in order to preserve the point.
HISTORY: (Amended December 2, 2004, effective July 1, 2005; June 7, 2011, effective July 1,
2011.)
MARYLAND RULES
TITLE 5. EVIDENCE
Md. Rule 5-606 (2012)
Rule 5-606. Competency of juror as witness
(a) At the trial. A member of a jury may not testify as a witness before that jury in the trial of
the case in which the sworn juror is sitting. If the sworn juror is called to testify, the opposing
party shall be afforded an opportunity to object out of the presence of the jury.
(b) Inquiry into validity of verdict.
(1) In any inquiry into the validity of a verdict, a sworn juror may not testify as to (A) any
matter or statement occurring during the course of the jury's deliberations, (B) the effect of
anything upon that or any other sworn juror's mind or emotions as influencing the sworn juror to
assent or dissent from the verdict, or (C) the sworn juror's mental processes in connection with
the verdict.
(2) A sworn juror's affidavit or evidence of any statement by the juror concerning a matter about
which the juror would be precluded from testifying may not be received for these purposes.
(3) Notes made under Rule 2-521 (a) or Rule 4-326 (a) may not be used to impeach a verdict.
(c) "Verdict" defined. For purposes of this Rule, "verdict" means (1) a verdict returned by a trial
jury or (2) a sentence returned by a trial jury in a sentencing proceeding conducted pursuant to
Code, Criminal Law Article, 2-303 or 2-304.
HISTORY: (Amended June 7, 1994, effective Oct. 1, 1994; Oct. 31, 2002, effective Jan. 1,
2003; Nov. 12, 2003, effective Jan. 1, 2004; Dec. 4, 2007, effective Jan. 1, 2008.)
MARYLAND RULES
TITLE 5. EVIDENCE
Md. Rule 5-607 (2012)
Rule 5-607. Who may impeach
The credibility of a witness may be attacked by any party, including the party calling the
witness.
MARYLAND RULES
TITLE 5. EVIDENCE
Md. Rule 5-608 (2012)
Rule 5-608. Evidence of character of witness for truthfulness or untruthfulness
(a) Impeachment and rehabilitation by character witnesses.
(1) Impeachment by a character witness. In order to attack the credibility of a witness, a

character witness may testify (A) that the witness has a reputation for untruthfulness, or (B) that,
in the character witness's opinion, the witness is an untruthful person.
(2) Rehabilitation by a character witness. After the character for truthfulness of a witness has
been attacked, a character witness may testify (A) that the witness has a good reputation for
truthfulness or (B) that, in the character witness's opinion, the witness is a truthful person.
(3) Limitations on character witness's testimony.
(A) A character witness may not testify to an opinion as to whether a witness testified truthfully
in the action.
(B) On direct examination, a character witness may give a reasonable basis for testimony as to
reputation or an opinion as to the character of the witness for truthfulness or untruthfulness, but
may not testify to specific instances of truthfulness or untruthfulness by the witness.
(4) Impeachment of a character witness. The court may permit a character witness to be cross-
examined about specific instances in which a witness has been truthful or untruthful or about
prior convictions of the witness as permitted by Rule 5-609. Upon objection, however, the court
may permit the inquiry only if (A) the questioner, outside the hearing of the jury, establishes a
reasonable factual basis for asserting that the prior instances occurred or that the convictions
exist, and (B) the prior instances or convictions are relevant to the witness's reputation or to the
character witness's opinion, as appropriate.
(b) Impeachment by examination regarding witness's own prior conduct not resulting in
convictions. The court may permit any witness to be examined regarding the witness's own prior
conduct that did not result in a conviction but that the court finds probative of a character trait of
untruthfulness. Upon objection, however, the court may permit the inquiry only if the questioner,
outside the hearing of the jury, establishes a reasonable factual basis for asserting that the
conduct of the witness occurred. The conduct may not be proved by extrinsic evidence.
(c) Effect on privilege against self-incrimination. The giving of testimony, whether by an

accused or by any other witness, does not operate as a waiver of the witness's privilege against
self-incrimination when examined with respect to matters which relate only to credibility.
MARYLAND RULES
TITLE 5. EVIDENCE
Md. Rule 5-609 (2012)
Rule 5-609. Impeachment by evidence of conviction of crime
(a) Generally. For the purpose of attacking the credibility of a witness, evidence that the
witness has been convicted of a crime shall be admitted if elicited from the witness or established
by public record during examination of the witness, but only if (1) the crime was an infamous
crime or other crime relevant to the witness's credibility and (2) the court determines that the
probative value of admitting this evidence outweighs the danger of unfair prejudice to the
witness or the objecting party.
Committee note. -- The requirement that the conviction, when offered for purposes of
impeachment, be brought out during examination of the witness is for the protection of the
witness. It does not apply to impeachment by evidence of prior conviction of a hearsay declarant
who does not testify.
(b) Time limit. Evidence of a conviction is not admissible under this Rule if a period of more
than 15 years has elapsed since the date of the conviction.
(c) Other limitations. Evidence of a conviction otherwise admissible under section (a) of this
Rule shall be excluded if:
(1) the conviction has been reversed or vacated;
(2) the conviction has been the subject of a pardon; or
(3) an appeal or application for leave to appeal from the judgment of conviction is pending, or
the time for noting an appeal or filing an application for leave to appeal has not expired.
(d) Effect of plea of nolo contendere. For purposes of this Rule, "conviction" includes a plea of
nolo contendere followed by a sentence, whether or not the sentence is suspended.
MARYLAND RULES
TITLE 5. EVIDENCE
Md. Rule 5-610 (2012)
Rule 5-610. Religious beliefs or opinions
Evidence of the beliefs or opinions of a witness on matters of religion is not admissible for the
purpose of showing that by reason of their nature the witness's credibility is impaired or
enhanced, except that such evidence may be admissible to show interest or bias.
MARYLAND RULES
TITLE 5. EVIDENCE
Md. Rule 5-611 (2012)
Rule 5-611. Mode and order of interrogation and presentation: control by court; scope of cross-
examination; leading questions
(a) Control by court. The court shall exercise reasonable control over the mode and order of
interrogating witnesses and presenting evidence so as to (1) make the interrogation and
presentation effective for the ascertainment of the truth, (2) avoid needless consumption of time,
and (3) protect witnesses from harassment or undue embarrassment.
(b) Scope of cross-examination.
(1) Except as provided in subsection (b) (2), cross-examination should be limited to the subject
matter of the direct examination and matters affecting the credibility of the witness. Except for
the cross-examination of an accused who testifies on a preliminary matter, the court may, in the
exercise of discretion, permit inquiry into additional matters as if on direct examination.
(2) An accused who testifies on a non-preliminary matter may be cross-examined on any matter
relevant to any issue in the action.
(c) Leading questions. The allowance of leading questions rests in the discretion of the trial
court. Ordinarily, leading questions should not be allowed on the direct examination of a witness
except as may be necessary to develop the witness's testimony. Ordinarily, leading questions
should be allowed (1) on cross-examination or (2) on the direct examination of a hostile witness,
an adverse party, or a witness identified with an adverse party.
MARYLAND RULES
TITLE 5. EVIDENCE
Md. Rule 5-612 (2012)
Rule 5-612. Writing or other item used to refresh memory
If, while testifying, a witness uses a writing or other item to refresh memory, any party is
entitled to inspect it, to examine the witness about it, and to introduce in evidence those portions
which relate to the testimony of the witness for the limited purpose of impeaching the witness as
to whether the item in fact refreshes the witness's recollection.
MARYLAND RULES
TITLE 5. EVIDENCE
Md. Rule 5-613 (2012)
Rule 5-613. Prior statements of witnesses
(a) Examining witness concerning prior statement. A party examining a witness about a prior
written or oral statement made by the witness need not show it to the witness or disclose its
contents at that time, provided that before the end of the examination (1) the statement, if
written, is disclosed to the witness and the parties, or if the statement is oral, the contents of the
statement and the circumstances under which it was made, including the persons to whom it was
made, are disclosed to the witness and (2) the witness is given an opportunity to explain or deny
it.
(b) Extrinsic evidence of prior inconsistent statement of witness. Unless the interests of justice
otherwise require, extrinsic evidence of a prior inconsistent statement by a witness is not
admissible under this Rule (1) until the requirements of section (a) have been met and the
witness has failed to admit having made the statement and (2) unless the statement concerns a
non-collateral matter.
MARYLAND RULES
TITLE 5. EVIDENCE
Md. Rule 5-614 (2012)
Rule 5-614. Calling and interrogation of witness by court
(a) Calling by court. After giving the parties a reasonable opportunity to object outside the
presence of the jury, the court, where justice so requires, may call persons as court witnesses on
its own initiative or on the request of a party. All parties are entitled to cross-examine witnesses
called by the court.
(b) Interrogation by court. The court may interrogate any witness. In jury trials the court's
questioning must be cautiously guarded so as not to comment on the evidence or convey the
court's opinion of the witness's credibility.
MARYLAND RULES
TITLE 5. EVIDENCE
Md. Rule 5-615 (2012)
Rule 5-615. Exclusion of witnesses
(a) In general. Except as provided in sections (b) and (c) of this Rule, upon the request of a
party made before testimony begins, the court shall order witnesses excluded so that they cannot
hear the testimony of other witnesses. When necessary for proper protection of the defendant in a
criminal action, an identification witness may be excluded before the defendant appears in open
court. The court may order the exclusion of a witness on its own initiative or upon the request of
a party at any time. The court may continue the exclusion of a witness following the testimony of
that witness if a party represents that the witness is likely to be recalled to give further testimony.
Cross references. -- For circumstances when the exclusion of a witness may be inappropriate, see
Tharp v. State, 362 Md. 77 (2000).
(b) Witnesses not to be excluded. A court shall not exclude pursuant to this Rule
(1) a party who is a natural person,

(2) an officer or employee of a party that is not a natural person designated as its representative
by its attorney,
(3) an expert who is to render an opinion based on testimony given at the trial,
(4) a person whose presence is shown by a party to be essential to the presentation of the party's
cause, such as an expert necessary to advise and assist counsel, or
(5) a victim of a crime or a delinquent act, including any representative of such a deceased or
disabled victim to the extent required by statute.
Cross references. -- Code, Courts Article, 3-8A-13; Criminal Procedure Article, 11-102 and
11-302; Rule 4-231.
(c) Permissive non-exclusion. The court may permit a child witness's parents or another person
having a supportive relationship with the child to remain in court during the child's testimony.
(d) Nondisclosure.
(1) A party or an attorney may not disclose to a witness excluded under this Rule the nature,
substance, or purpose of testimony, exhibits, or other evidence introduced during the witness's
absence.
(2) The court may, and upon request of a party shall, order the witness and any other persons
present in the courtroom not to disclose to a witness excluded under this Rule the nature,
substance, or purpose of testimony, exhibits, or other evidence introduced during the witness's
absence.
(e) Exclusion of testimony. The court may exclude all or part of the testimony of the witness who
receives information in violation of this Rule.
HISTORY: (Amended Jan. 20, 1999, effective July 1, 1999; Jan. 8, 2002, effective Feb. 1,
MARYLAND RULES
TITLE 5. EVIDENCE
Md. Rule 5-616 (2012)
Rule 5-616. Impeachment and rehabilitation -- Generally
(a) Impeachment by inquiry of the witness. The credibility of a witness may be attacked
through questions asked of the witness, including questions that are directed at:
(1) Proving under Rule 5-613 that the witness has made statements that are inconsistent with the
witness's present testimony;
(2) Proving that the facts are not as testified to by the witness;
(3) Proving that an opinion expressed by the witness is not held by the witness or is otherwise
not worthy of belief;
(4) Proving that the witness is biased, prejudiced, interested in the outcome of the proceeding, or
has a motive to testify falsely;
(5) Proving lack of personal knowledge or weaknesses in the capacity of the witness to perceive,
remember, or communicate; or
(6) Proving the character of the witness for untruthfulness by (i) establishing prior bad acts as
permitted under Rule 5-608 (b) or (ii) establishing prior convictions as permitted under Rule 5-
609.
(b) Extrinsic impeaching evidence.
(1) Extrinsic evidence of prior inconsistent statements may be admitted as provided in Rule 5-
613 (b).
(2) Other extrinsic evidence contradicting a witness's testimony ordinarily may be admitted only
on non-collateral matters. In the court's discretion, however, extrinsic evidence may be admitted
on collateral matters.
(3) Extrinsic evidence of bias, prejudice, interest, or other motive to testify falsely may be
admitted whether or not the witness has been examined about the impeaching fact and has failed
to admit it.
(4) Extrinsic evidence of a witness's lack of personal knowledge or weaknesses in the capacity
of the witness to perceive, remember, or communicate may be admitted if the witness has been
examined about the impeaching fact and has failed to admit it, or as otherwise required by the
interests of justice.
(5) Extrinsic evidence of the character of a witness for untruthfulness may be admitted as
provided in Rule 5-608.
(6) Extrinsic evidence of prior convictions may be admitted as provided by Rule 5-609.
(7) Extrinsic evidence may be admitted to show that prior consistent statements offered under
subsection (c) (2) of this Rule were not made.
(c) Rehabilitation. A witness whose credibility has been attacked may be rehabilitated by:
(1) Permitting the witness to deny or explain impeaching facts, except that a witness who has
been impeached by prior conviction may not deny guilt of the earlier crime;
(2) Except as provided by statute, evidence of the witness's prior statements that are consistent
with the witness's present testimony, when their having been made detracts from the
impeachment;
(3) Evidence through other witnesses of the impeached witness's character for truthfulness, as
provided in Rule 5-608 (a); or
(4) Other evidence that the court finds relevant for the purpose of rehabilitation.
MARYLAND RULES
TITLE 5. EVIDENCE
CHAPTER 700. OPINIONS AND EXPERT TESTIMONY
Md. Rule 5-701 (2012)
Rule 5-701. Opinion testimony by lay witnesses
If the witness is not testifying as an expert, the witness's testimony in the form of opinions or
inferences is limited to those opinions or inferences which are (1) rationally based on the
perception of the witness and (2) helpful to a clear understanding of the witness's testimony or
the determination of a fact in issue.
MARYLAND RULES
TITLE 5. EVIDENCE
Md. Rule 5-702 (2012)
Rule 5-702. Testimony by experts
Expert testimony may be admitted, in the form of an opinion or otherwise, if the court
determines that the testimony will assist the trier of fact to understand the evidence or to
determine a fact in issue. In making that determination, the court shall determine (1) whether the
witness is qualified as an expert by knowledge, skill, experience, training, or education, (2) the
appropriateness of the expert testimony on the particular subject, and (3) whether a sufficient
factual basis exists to support the expert testimony.
MARYLAND RULES
TITLE 5. EVIDENCE
Md. Rule 5-703 (2012)

Rule 5-703. Bases of opinion testimony by experts
(a) In general. The facts or data in the particular case upon which an expert bases an opinion or
inference may be those perceived by or made known to the expert at or before the hearing. If of a
type reasonably relied upon by experts in the particular field in forming opinions or inferences
upon the subject, the facts or data need not be admissible in evidence.
(b) Disclosure to jury. If determined to be trustworthy, necessary to illuminate testimony, and

unprivileged, facts or data reasonably relied upon by an expert pursuant to section (a) may, in the
discretion of the court, be disclosed to the jury even if those facts and data are not admissible in
evidence. Upon request, the court shall instruct the jury to use those facts and data only for the
purpose of evaluating the validity and probative value of the expert's opinion or inference.
(c) Right to challenge expert. This Rule does not limit the right of an opposing party to cross-
examine an expert witness or to test the basis of the expert's opinion or inference.
MARYLAND RULES
TITLE 5. EVIDENCE
Md. Rule 5-704 (2012)
Rule 5-704. Opinion on ultimate issue
(a) In general. Except as provided in section (b) of this Rule, testimony in the form of an
opinion or inference otherwise admissible is not objectionable merely because it embraces an
ultimate issue to be decided by the trier of fact.
(b) Opinion on mental state or condition. An expert witness testifying with respect to the mental
state or condition of a defendant in a criminal case may not state an opinion or inference as to
whether the defendant had a mental state or condition constituting an element of the crime
charged. That issue is for the trier of fact alone. This exception does not apply to an ultimate
issue of criminal responsibility.
MARYLAND RULES
TITLE 5. EVIDENCE
Md. Rule 5-705 (2012)
Rule 5-705. Disclosure of facts or data underlying expert opinion
Unless the court requires otherwise, the expert may testify in terms of opinion or inference and
give reasons therefor without first testifying to the underlying facts or data. The expert may in
any event be required to disclose the underlying facts or data on cross-examination.
MARYLAND RULES
TITLE 5. EVIDENCE
Md. Rule 5-706 (2012)
Rule 5-706. Court appointed experts
(a) Appointment. The court, on its own initiative or on the motion of any party, may enter an
order to show cause why expert witnesses should not be appointed, and may request the parties
to submit nominations. The court may appoint any expert witnesses agreed upon by the parties,
and may appoint expert witnesses of its own selection. An expert witness shall not be appointed
by the court unless the witness consents to act. A witness so appointed shall be informed of the
witness's duties by the court in writing, a copy of which shall be filed with the clerk, or at a
conference in which the parties shall have opportunity to participate. A witness so appointed
shall advise the parties of the witness's findings, if any; the witness's deposition may be taken by
any party. The witness shall be subject to cross-examination by each party, including a party
calling the witness.
(b) Compensation. Expert witnesses so appointed are entitled to reasonable compensation in

whatever sum the court may allow. The compensation thus fixed is payable from funds which
may be provided by law in civil actions, proceedings involving just compensation for the taking
of property, and criminal actions. In other civil actions the compensation shall be paid by the
parties in such proportion and at such time as the court directs, and thereafter charged in like
manner as other costs.
(c) Disclosure of appointment. In the exercise of its discretion, the court may authorize
disclosure to the jury of the fact that the court appointed the expert witness.
(d) Parties' experts of own selection. Nothing in this Rule limits the parties in calling expert
witnesses of their own selection.
MARYLAND RULES
TITLE 5. EVIDENCE
CHAPTER 800. HEARSAY
Md. Rule 5-801 (2012)
The following definitions apply under this Chapter:

(a) Statement. A "statement" is (1) an oral or written assertion or (2) nonverbal conduct of a
person, if it is intended by the person as an assertion.
(b) Declarant. A "declarant" is a person who makes a statement.
(c) Hearsay. "Hearsay" is a statement, other than one made by the declarant while testifying at
the trial or hearing, offered in evidence to prove the truth of the matter asserted.
MARYLAND RULES
TITLE 5. EVIDENCE
Md. Rule 5-802 (2012)
Rule 5-802. Hearsay rule
Except as otherwise provided by these rules or permitted by applicable constitutional

provisions or statutes, hearsay is not admissible.
MARYLAND RULES
TITLE 5. EVIDENCE
Md. Rule 5-802.1 (2012)
Rule 5-802.1. Hearsay exceptions -- Prior statements by witnesses
The following statements previously made by a witness who testifies at the trial or hearing and
who is subject to cross-examination concerning the statement are not excluded by the hearsay
rule:
(a) A statement that is inconsistent with the declarant's testimony, if the statement was (1) given
under oath subject to the penalty of perjury at a trial, hearing, or other proceeding or in a
deposition; (2) reduced to writing and was signed by the declarant; or (3) recorded in
substantially verbatim fashion by stenographic or electronic means contemporaneously with the
making of the statement;
(b) A statement that is consistent with the declarant's testimony, if the statement is offered to
rebut an express or implied charge against the declarant of fabrication, or improper influence or
motive;
(c) A statement that is one of identification of a person made after perceiving the person;
(d) A statement that is one of prompt complaint of sexually assaultive behavior to which the
declarant was subjected if the statement is consistent with the declarant's testimony; or
(e) A statement that is in the form of a memorandum or record concerning a matter about which
the witness once had knowledge but now has insufficient recollection to enable the witness to
testify fully and accurately, if the statement was made or adopted by the witness when the matter
was fresh in the witness's memory and reflects that knowledge correctly. If admitted, the
statement may be read into evidence but the memorandum or record may not itself be received as
an exhibit unless offered by an adverse party.
MARYLAND RULES
TITLE 5. EVIDENCE
Md. Rule 5-803 (2012)
Rule 5-803. Hearsay exceptions: Unavailability of declarant not required
The following are not excluded by the hearsay rule, even though the declarant is available as a
witness:
(a) Statement by party-opponent. A statement that is offered against a party and is:
(1) The party's own statement, in either an individual or representative capacity;
(2) A statement of which the party has manifested an adoption or belief in its truth;
(3) A statement by a person authorized by the party to make a statement concerning the subject;
(4) A statement by the party's agent or employee made during the agency or employment
relationship concerning a matter within the scope of the agency or employment; or
(5) A statement by a coconspirator of the party during the course and in furtherance of the
conspiracy.
Committee note. -- Where there is a disputed issue as to scope of employment, representative

capacity, authorization to make a statement, the existence of a conspiracy, or any other
foundational requirement, the court must make a finding on that issue before the statement may
be admitted. These rules do not address whether the court may consider the statement itself in
making that determination. Compare Daugherty v. Kessler, 264 Md. 281, 291-92 (1972) (civil
conspiracy); and Hlista v. Altevogt, 239 Md. 43, 51 (1965) (employment relationship) with
Bourjaily v. United States, 483 U.S. 171, 107 S.Ct. 775 (1987) (trial court may consider the out-
of-court statement in deciding whether foundational requirements for coconspirator exception
have been met.)
(b) Other exceptions.

(1) Present sense impression. A statement describing or explaining an event or condition made
while the declarant was perceiving the event or condition, or immediately thereafter.
(2) Excited utterance. A statement relating to a startling event or condition made while the
declarant was under the stress of excitement caused by the event or condition.
(3) Then existing mental, emotional, or physical condition. A statement of the declarant's then
existing state of mind, emotion, sensation, or physical condition (such as intent, plan, motive,
design, mental feeling, pain, and bodily health), offered to prove the declarant's then existing
condition or the declarant's future action, but not including a statement of memory or belief to
prove the fact remembered or believed unless it relates to the execution, revocation,
identification, or terms of declarant's will.
(4) Statements for purposes of medical diagnosis or treatment. Statements made for purposes of
medical treatment or medical diagnosis in contemplation of treatment and describing medical
history, or past or present symptoms, pain, or sensation, or the inception or general character of
the cause or external sources thereof insofar as reasonably pertinent to treatment or diagnosis in
contemplation of treatment.
(5) Recorded recollection. See Rule 5-802.1 (e) for recorded recollection.
(6) Records of regularly conducted business activity. A memorandum, report, record, or data
compilation of acts, events, conditions, opinions, or diagnoses if (A) it was made at or near the
time of the act, event, or condition, or the rendition of the diagnosis, (B) it was made by a person
with knowledge or from information transmitted by a person with knowledge, (C) it was made
and kept in the course of a regularly conducted business activity, and (D) the regular practice of
that business was to make and keep the memorandum, report, record, or data compilation. A
record of this kind may be excluded if the source of information or the method or circumstances
of the preparation of the record indicate that the information in the record lacks trustworthiness.
In this paragraph, "business" includes business, institution, association, profession, occupation,
and calling of every kind, whether or not conducted for profit.
Committee note. -- Public records specifically excluded from the public records exceptions in
subsection (b) (8) of this Rule may not be admitted pursuant to this exception.
(7) Absence of entry in records kept in accordance with subsection (b) (6). Unless the
circumstances indicate a lack of trustworthiness, evidence that a diligent search disclosed that a
matter is not included in the memoranda, reports, records, or data compilations kept in
accordance with subsection (b) (6), when offered to prove the nonoccurrence or nonexistence of
the matter, if the matter was of a kind about which a memorandum, report, record, or data
compilation was regularly made and preserved.
(8) Public records and reports.

(A) Except as otherwise provided in this paragraph, a memorandum, report, record, statement,
or data compilation made by a public agency setting forth
(i) the activities of the agency;
(ii) matters observed pursuant to a duty imposed by law, as to which matters there was a duty to
report; or
(iii) in civil actions and when offered against the State in criminal actions, factual findings
resulting from an investigation made pursuant to authority granted by law.
(B) A record offered pursuant to paragraph (A) may be excluded if the source of information or
the method or circumstance of the preparation of the record indicate that the record or the
information in the record lacks trustworthiness.
(C) A record of matters observed by a law enforcement person is not admissible under this
paragraph when offered against an accused in a criminal action.
(D) This paragraph does not supersede specific statutory provisions regarding the admissibility
of particular public records.
Committee note. -- This section does not mandate following the interpretation of the term
"factual findings" set forth in Beech Aircraft Corp. v. Rainey, 488 U.S. 153 (1988). See
Ellsworth v. Sherne Lingerie, Inc., 303 Md. 581 (1985).
(9) Records of vital statistics. Except as otherwise provided by statute, records or data
compilations of births, fetal deaths, deaths, or marriages, if the report thereof was made to a
public office pursuant to requirements of law.
Cross references. -- See Code, Health General Article, 4-223 (inadmissibility of certain
information when paternity is contested) and 5-311 (admissibility of medical examiner's
reports).
(10) Absence of public record or entry. Unless the circumstances indicate a lack of
trustworthiness, evidence in the form of testimony or a certification in accordance with Rule 5-
902 that a diligent search has failed to disclose a record, report, statement, or data compilation
made by a public agency, or an entry therein, when offered to prove the absence of such a record
or entry or the nonoccurrence or nonexistence of a matter about which a record was regularly
made and preserved by the public agency.
(11) Records of religious organizations. Statements of births, marriages, divorces, deaths,

legitimacy, ancestry, relationship by blood or marriage, or other similar facts of personal or
family history, contained in a regularly kept record of a religious organization.
(12) Marriage, baptismal, and similar certificates. Statements of fact contained in a certificate
that the maker performed a marriage or other ceremony or administered a sacrament, made by a
member of the clergy, public official, or other person authorized by the rules or practices of a
religious organization or by law to perform the act certified, and purporting to have been issued
at the time of the act or within a reasonable time thereafter.
(13) Family records. Statements of fact concerning personal or family history contained in family
Bibles, genealogies, charts, engravings on rings, inscriptions on family portraits, engravings on
urns, crypts, or tombstones or the like.
(14) Records of documents affecting an interest in property. The record of a document

purporting to establish or affect an interest in property, as proof of the content of the original
recorded document and its execution and delivery by each person by whom it purports to have
been executed, if the record is a record of a public office and a statute authorizes the recording of
documents of that kind in that office.
(15) Statements in documents affecting an interest in property. A statement contained in a

document purporting to establish or affect an interest in property if the matter stated was relevant
to the purpose of the document, unless dealings with the property since the document was made
have been inconsistent with the truth of the statement or the purport of the document or the
circumstances otherwise indicate lack of trustworthiness.
(16) Statements in ancient documents. Statements in a document in existence twenty years or

more, the authenticity of which is established, unless the circumstances indicate lack of
trustworthiness.
(17) Market reports and published compilations. Market quotations, tabulations, lists, directories,
and other published compilations, generally used and reasonably relied upon by the public or by
persons in particular occupations.
(18) Learned treatises. To the extent called to the attention of an expert witness upon cross-
examination or relied upon by the expert witness in direct examination, statements contained in a
published treatise, periodical, or pamphlet on a subject of history, medicine, or other science or
art, established as a reliable authority by the testimony or admission of the witness, by other
expert testimony, or by judicial notice. If admitted, the statements may be read into evidence but
may not be received as exhibits.
(19) Reputation concerning personal or family history. Reputation, prior to the controversy
before the court, among members of a person's family by blood, adoption, or marriage, or among
a person's associates, or in the community, concerning a person's birth, adoption, marriage,
divorce, death, or other similar fact of personal or family history.
(20) Reputation concerning boundaries or general history.
(A) Reputation in a community, prior to the controversy before the court, as to boundaries of,
interests in, or customs affecting lands in the community.
(B) Reputation as to events of general history important to the community, state, or nation where
the historical events occurred.
(21) Reputation as to character. Reputation of a person's character among associates or in the

community.
(22) [Vacant]. There is no subsection 22.
(23) Judgment as to personal, family, or general history, or boundaries. Judgments as proof of

matters of personal, family, or general history, or boundaries, essential to the judgment, if the
matter would be provable by evidence of reputation under subsections (19) or (20).
(24) Other exceptions. Under exceptional circumstances, the following are not excluded by the
hearsay rule: A statement not specifically covered by any of the hearsay exceptions listed in this
Rule or in Rule 5-804, but having equivalent circumstantial guarantees of trustworthiness, if the
court determines that (A) the statement is offered as evidence of a material fact; (B) the
statement is more probative on the point for which it is offered than any other evidence which
the proponent can procure through reasonable efforts; and (C) the general purposes of these rules
and the interests of justice will best be served by admission of the statement into evidence. A
statement may not be admitted under this exception unless the proponent of it makes known to
the adverse party, sufficiently in advance of the trial or hearing to provide the adverse party with
a fair opportunity to prepare to meet it, the intention to offer the statement and the particulars of
it, including the name and address of the declarant.
2008.)
MARYLAND RULES
TITLE 5. EVIDENCE
Md. Rule 5-804 (2012)
Rule 5-804. Hearsay exceptions; declarant unavailable
(a) Definition of unavailability. "Unavailability as a witness" includes situations in which the

declarant:
(1) is exempted by ruling of the court on the ground of privilege from testifying concerning the
subject matter of the declarant's statement;
(2) refuses to testify concerning the subject matter of the declarant's statement despite an order
of the court to do so;
(3) testifies to a lack of memory of the subject matter of the declarant's statement;
(4) is unable to be present or to testify at the hearing because of death or then existing physical
or mental illness or infirmity; or
(5) is absent from the hearing and the proponent of the statement has been unable to procure the
declarant's attendance (or in the case of a hearsay exception under subsection (b) (2), (3), or (4)
of this Rule, the declarant's attendance or testimony) by process or other reasonable means.
A statement will not qualify under section (b) of this Rule if the unavailability is due to the
procurement or wrongdoing of the proponent of the statement for the purpose of preventing the
witness from attending or testifying.
(b) Hearsay exceptions. The following are not excluded by the hearsay rule if the declarant is
unavailable as a witness:
(1) Former testimony. Testimony given as a witness in any action or proceeding or in a

deposition taken in compliance with law in the course of any action or proceeding, if the party
against whom the testimony is now offered, or, in a civil action or proceeding, a predecessor in
interest, had an opportunity and similar motive to develop the testimony by direct, cross, or
redirect examination.
(2) Statement under belief of impending death. In a prosecution for an offense based upon an
unlawful homicide, attempted homicide, or assault with intent to commit a homicide or in any
civil action, a statement made by a declarant, while believing that the declarant's death was
imminent, concerning the cause or circumstances of what the declarant believed to be his or her
impending death.
(3) Statement against interest. A statement which was at the time of its making so contrary to the
declarant's pecuniary or proprietary interest, so tended to subject the declarant to civil or criminal
liability, or so tended to render invalid a claim by the declarant against another, that a reasonable
person in the declarant's position would not have made the statement unless the person believed
it to be true. A statement tending to expose the declarant to criminal liability and offered in a
criminal case is not admissible unless corroborating circumstances clearly indicate the
trustworthiness of the statement.
Cross references. -- See Code, Courts Article, 10-920, distinguishing expressions of regret or
apology by health care providers from admissions of liability or fault.
(4) Statement of personal or family history.
(A) A statement concerning the declarant's own birth; adoption; marriage; divorce; legitimacy;
ancestry; relationship by blood, adoption, or marriage; or other similar fact of personal or family
history, even though the declarant had no means of acquiring personal knowledge of the matter
stated.
(B) A statement concerning the death of, or any of the facts listed in subsection (4) (A) about
another person, if the declarant was related to the other person by blood, adoption, or marriage or
was so intimately associated with the other person's family as to be likely to have accurate
information concerning the matter declared.
(5) Witness unavailable because of party's wrongdoing.
(A) Civil actions. In civil actions in which a witness is unavailable because of a party's
wrongdoing, a statement that (i) was (a) given under oath subject to the penalty of perjury at a
trial, hearing, or other proceeding or in a deposition; (b) reduced to writing and was signed by
the declarant; or (c) recorded in substantially verbatim fashion by stenographic or electronic
means contemporaneously with the making of the statement, and (ii) is offered against a party
who has engaged in, directed, or conspired to commit wrongdoing that was intended to, and did,
procure the unavailability of the declarant as a witness, provided however the statement may not
be admitted unless, as soon as practicable after the proponent of the statement learns that the
declarant will be unavailable, the proponent makes known to the adverse party the intention to
offer the statement and the particulars of it.
Committee note. -- A "party" referred to in subsection (b)(5)(A) also includes an agent of the
government.
(B) Criminal causes. In criminal causes in which a witness is unavailable because of a party's
wrongdoing, admission of the witness's statement under this exception is governed by Code,
Courts Article, 10-901.
HISTORY: (Amended November 8, 2005, effective January 1, 2006; June 16, 2009, effective
June 17, 2009; amended October 20, 2010, effective January 1, 2011.)
MARYLAND RULES
TITLE 5. EVIDENCE
Md. Rule 5-805 (2012)
Rule 5-805. Hearsay within hearsay
If one or more hearsay statements are contained within another hearsay statement, each must
fall within an exception to the hearsay rule in order not to be excluded by that rule.
MARYLAND RULES
TITLE 5. EVIDENCE
Md. Rule 5-806 (2012)
Rule 5-806. Attacking and supporting credibility of declarant

(a) In general. When a hearsay statement has been admitted in evidence, the credibility of the
declarant may be attacked, and if attacked may be supported, by any evidence which would be
admissible for those purposes if the declarant had testified as a witness. Evidence of a statement
or conduct by the declarant at any time, inconsistent with the declarant's hearsay statement, is not
subject to any requirement that the declarant may have been afforded an opportunity to deny or
explain. If the party against whom a hearsay statement has been admitted calls the declarant as a
witness, the party is entitled to examine the declarant on the statement as if under cross-
examination.
(b) Exception. This Rule does not apply to statements by party-opponents under Rule 5-803 (a)
(1) and (a) (2).
MARYLAND RULES
TITLE 5. EVIDENCE
CHAPTER 900. AUTHENTICATION AND IDENTIFICATION
Md. Rule 5-901 (2012)
Rule 5-901. Requirement of authentication or identification
(a) General provision. The requirement of authentication or identification as a condition

precedent to admissibility is satisfied by evidence sufficient to support a finding that the matter
in question is what its proponent claims.
(b) Illustrations. By way of illustration only, and not by way of limitation, the following are
examples of authentication or identification conforming with the requirements of this Rule:
(1) Testimony of witness with knowledge. Testimony of a witness with knowledge that the
offered evidence is what it is claimed to be.
(2) Non-expert opinion on handwriting. Non-expert opinion as to the genuineness of

handwriting, based upon familiarity not acquired for purposes of the litigation.
(3) Comparison with authenticated specimens. Comparison by the court or an expert witness
with specimens that have been authenticated.
(4) Circumstantial evidence. Circumstantial evidence, such as appearance, contents, substance,

internal patterns, location, or other distinctive characteristics, that the offered evidence is what it
is claimed to be.
(5) Voice identification. Identification of a voice, whether heard firsthand or through mechanical
or electronic transmission or recording, based upon the witness having heard the voice at any
time under circumstances connecting it with the alleged speaker.
(6) Telephone conversation. A telephone conversation, by evidence that a telephone call was
made to the number assigned at the time to a particular person or business, if
(A) in the case of a person, circumstances, including self-identification, show the person
answering to be the one called, or
(B) in the case of a business, the call was made to a place of business and the conversation
related to business reasonably transacted over the telephone.
(7) Public record. Evidence that a writing authorized by law to be recorded or filed and in fact
recorded or filed in a public office, or a purported public record, report, statement, or data
compilation, is from the public office where items of this nature are kept.
(8) Ancient document or data compilation. Evidence that a document or data compilation:
(A) is in such condition as to create no suspicion concerning its authenticity,
(B) was in a place where, if authentic, it would likely be, and
(C) has been in existence twenty years or more at the time it is offered.
(9) Process or system. Evidence describing a process or system used to produce the proffered
exhibit or testimony and showing that the process or system produces an accurate result.
Committee note. -- This Rule is not intended to indicate the type of evidence that may be
required to establish that a system or process produces an accurate result. See, e.g., Rule 5-702
and its Committee note.
(10) Methods provided by statute or rule. Any method of authentication or identification

provided by statute or by these rules. (Amended Feb. 10, 1998, effective July 1, 1998.)
MARYLAND RULES
TITLE 5. EVIDENCE
Md. Rule 5-902 (2012)
Rule 5-902. Self-authentication
(a) Generally. As used in this Rule, "certifies," "certificate," or "certification" means, with
respect to a domestic record or public document, a written declaration under oath subject to the
penalty of perjury and, with respect to a foreign record or public document, a written declaration
signed in a foreign country which, if falsely made, would subject the maker to criminal penalty
under the laws of that country. The certificate relating to a foreign record or public document
must be accompanied by a final certification as to the genuineness of the signature and official
position (1) of the individual executing the certificate or (2) of any foreign official who certifies
the genuineness of signature and official position of the executing individual or is the last in a
chain of certificates that collectively certify the genuineness of signature and official position of
the executing individual. A final certificate may be made by a secretary of an embassy or
legation, consul general, consul, vice consul, or consular agent of the United States, or a
diplomatic or consular official of the foreign country who is assigned or accredited to the United
States.
Except as otherwise provided by statute, extrinsic evidence of authenticity as a condition

precedent to admissibility is not required with respect to the following:
(1) Domestic public documents under seal. A document bearing a seal purporting to be that of
the United States, or of any state, district, commonwealth, territory, or insular possession thereof,
or the Panama Canal Zone, or the trust territory of the Pacific Islands, or of a political
subdivision, department, officer, or agency thereof, and a signature purporting to be an
attestation or execution.
(2) Domestic public documents not under seal. A document purporting to bear the signature in
the official capacity of an officer or employee of any entity included in subsection (a)(1) of this
Rule, having no seal, if a public officer having a seal and having official duties in the district or
political subdivision of the officer or employee certifies under seal that the signer has the official
capacity and that the signature is genuine.
(3) Foreign public documents. A document purporting to be executed or attested in an official

capacity by a person authorized by the laws of a foreign country to make the execution or
attestation and accompanied by a final certification. If reasonable opportunity has been given to
all parties to investigate the authenticity and accuracy of official documents, the court may, for
good cause shown, order that they be treated as presumptively authentic without final
certification or permit them to be evidenced by an attested summary with or without final
certification.
(4) Certified copies of public records. A copy of an official record or report or entry therein, or of
a document authorized by law to be recorded or filed and actually recorded or filed in a public
office, including data compilations, certified as correct by the custodian or other person
authorized to make the certification, by certificate complying with this Rule or complying with
any applicable statute or these rules.
(5) Official publications. Books, pamphlets, or other publications purporting to be issued or

authorized by a public agency.
(6) Newspapers and periodicals. Printed materials purporting to be newspapers or periodicals.
(7) Trade inscriptions and the like. Inscriptions, signs, tags, or labels purporting to have been
affixed in the course of business and indicating ownership, control, or origin.
(8) Acknowledged documents. Documents accompanied by a certificate of acknowledgment

executed in the manner provided by law by a notary public or other officer authorized by law to
take acknowledgments.
(9) Commercial paper and related documents. To the extent provided by applicable commercial
law, commercial paper, signatures thereon, and related documents.
Cross references. -- See, e.g., Code, Commercial Law Article, 1-202, 3-308, and 3-505.
(10) Presumptions under statutes or treaties. Any signature, document, or other matter declared
by applicable statute or treaty to be presumptively genuine or authentic.
(11) Items as to which required objections not made. Unless justice otherwise requires, any item
as to which, by statute, rule, or court order, a written objection as to authenticity is required to be
made before trial, and an objection was not made in conformance with the statute, rule, or order.
Committee note. -- As used in this Rule "document" is a generic term. It includes public records
encompassed by Code, Courts Article, 10-204.
(b) Certified records of regularly conducted business activity.
(1) Procedure. Testimony of authenticity as a condition precedent to admissibility is not required

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

administer the records for:
(identify the organization that maintains the

records), and
(2) The attached records
(a) are true and correct copies of records that were made at or near the
time of the occurrence of the matters set forth by, or from the information
transmitted by, a person with knowledge of these matters; and
(b) were kept in the course of regularly conducted activity; and
(c) were made and kept by the regularly conducted business activity as a
regular practice.
I declare under penalty of perjury that the foregoing is true and correct.
Signature and title:
Date:
2008.)
MARYLAND RULES
TITLE 5. EVIDENCE
Md. Rule 5-903 (2012)
Rule 5-903. Subscribing witness testimony unnecessary
Except as provided by statute, the testimony of a subscribing witness is not required to

authenticate a writing.
MARYLAND RULES
TITLE 5. EVIDENCE
CHAPTER 1000. CONTENTS OF WRITINGS, RECORDINGS, AND PHOTOGRAPHS
Md. Rule 5-1001 (2012)
In this Chapter the following definitions apply except as expressly otherwise provided or as
(a) Writings and recordings. "Writings" and "recordings" consist of letters, words, numbers, or
their equivalent, set down by handwriting, typewriting, printing, photostating, photographing,
magnetic or optical impulse, mechanical or electronic recording, or other form of data
compilation.
Committee note. -- This is not intended to change the common law regarding the court's
discretion to treat chattels inscribed with letters or numbers as writings.
(b) Photographs. "Photographs" include still photographs, X-ray films, video tapes, and motion
pictures.
(c) Original. An "original" of a writing or recording is the writing or recording itself or any
counterpart intended to have the same effect by a person executing or issuing it. An "original" of
a photograph includes the negative or any print therefrom. If data are stored in a computer or
similar device, any printout or other output readable by sight, shown to reflect the data
accurately, is an "original".
(d) Duplicate. A "duplicate" is a counterpart produced by the same impression as the original, or
from the same matrix, or by means of photography, including enlargements and miniatures, or by
mechanical or electronic re-recordings, or by chemical reproduction, or by other equivalent
technique which accurately reproduces the original.
MARYLAND RULES
TITLE 5. EVIDENCE
Md. Rule 5-1002 (2012)
Rule 5-1002. Requirement of original
To prove the content of a writing, recording, or photograph, the original writing, recording, or
photograph is required, except as otherwise provided in these rules or by statute.
MARYLAND RULES
TITLE 5. EVIDENCE
Md. Rule 5-1003 (2012)
Rule 5-1003. Admissibility of duplicates
A duplicate is admissible to the same extent as an original unless (1) a genuine question is
raised as to the authenticity of the original or (2) in the circumstances it would be unfair to admit
the duplicate in lieu of the original.
MARYLAND RULES
TITLE 5. EVIDENCE
Md. Rule 5-1004 (2012)
Rule 5-1004. Admissibility of other evidence of contents
The contents of a writing, recording, or photograph may be proved by evidence other than the
original if:
(a) Original lost or destroyed. All originals are lost or have been destroyed, unless the proponent
lost or destroyed them in bad faith;
(b) Original not obtainable. No original can be obtained by any reasonably practicable, available
judicial process or procedure;
(c) Original in possession of opponent. At a time when an original was under the control of the
party against whom offered, that party was put on notice, by the pleadings or otherwise, that the
contents would be a subject of proof at the hearing or trial, and that party does not produce the
original at the hearing or trial; or
(d) Collateral matters. The writing, recording, or photograph is not closely related to a
controlling issue.
MARYLAND RULES
TITLE 5. EVIDENCE
Md. Rule 5-1005 (2012)
Rule 5-1005. Public records
The contents of an official record, or of a document authorized to be recorded or filed and

actually recorded or filed, including data compilations, if otherwise admissible, may be proved
by copy, certified as correct in accordance with Rule 5-902 or testified to be correct by a witness
who has compared it with the original. If a copy that complies with the foregoing cannot be
obtained by the exercise of reasonable diligence, other evidence of the contents may be given.
MARYLAND RULES
TITLE 5. EVIDENCE
Md. Rule 5-1006 (2012)
Rule 5-1006. Summaries
The contents of voluminous writings, recordings, or photographs, otherwise admissible, which

cannot conveniently be examined in court may be presented in the form of a chart, calculation, or
other summary. The party intending to use such a summary must give timely notice to all parties
of the intention to use the summary and shall make the summary and the originals or duplicates
from which the summary is compiled available for inspection and copying by other parties at a
reasonable time and place. The court may order that they be produced in court.
MARYLAND RULES
TITLE 5. EVIDENCE
Md. Rule 5-1007 (2012)
Rule 5-1007. Testimony or written admission of party
Contents of writings, recordings, or photographs may be proved by the testimony or

deposition of the party against whom offered or by the party's written admission, without
accounting for the nonproduction of the original.
MARYLAND RULES
TITLE 5. EVIDENCE
Md. Rule 5-1008 (2012)
Rule 5-1008. Functions of court and jury
(a) Generally. Except as otherwise provided in section (b) of this Rule, when the admissibility
of evidence other than the original of contents of writings, recordings, or photographs under
these rules depends upon the fulfillment of a condition of fact, the question whether the condition
has been fulfilled is for the court to determine in accordance with the provisions of Rule 5-104
(a).
(b) Exceptions. The following issues, if raised, are for the trier of fact to determine as in the case
of other issues of fact: (1) whether the asserted writing, recording, or photograph ever existed,
(2) whether another writing, recording, or photograph produced at the trial is the original, or (3)
whether evidence of contents other than the original correctly reflects the contents.
MARYLAND RULES
TITLE 6. SETTLEMENT OF DECEDENTS' ESTATES
Md. Rule 6-101 (2012)
The rules in this Title apply to all matters in the orphans' courts and before the registers of
wills relating to the settlement of decedents' estates.
MARYLAND RULES
Md. Rule 6-102 (2012)
Rule 6-102. No local rules
Except as otherwise provided in Rule 1-102, all circuit and local rules regulating matters in the
orphans' courts or before the registers of wills are repealed and no circuit or local rules regulating
such matters shall be adopted.
MARYLAND RULES
Md. Rule 6-103 (2012)
Rule 6-103. Method of citation
These rules may be cited collectively as "Md. Rules." A specific rule may be cited as "Rule"
followed by the rule number.
MARYLAND RULES
Md. Rule 6-104 (2012)
Rule 6-104. Rules of construction
(a) General. These rules shall be construed to secure simplicity in procedure, fairness in
administration, and elimination of unjustifiable expense and delay. When a rule, by the word
"shall" or otherwise, mandates or prohibits conduct, the consequences of noncompliance are
those prescribed by these rules or by statute. If no consequences are prescribed, the court may
compel compliance with the rule or may determine the consequences of the noncompliance in
light of the totality of the circumstances and the purpose of the rule.
(b) Jurisdiction and venue unaffected. These rules shall not be construed to extend or limit the
jurisdiction of the court or, except as expressly provided, the venue of actions.
(c) Effect on common law and statutory provisions. Neither these rules nor omissions from these
rules supersede common law or statute unless inconsistent with these rules.
(d) Singular and plural -- Gender. Words in the singular include the plural and words in any
gender include all genders except as necessary implication requires.
(e) Headings, references, and notes not rules. Headings, subheadings, cross references,
committee notes, source references, and annotations are not part of these rules.
MARYLAND RULES
Md. Rule 6-105 (2012)
The definitions contained in Code, Estates and Trusts Article, 1-101 apply in this Title. The
following definitions also apply:
(a) Certified mail. "Certified mail" means mail deposited with the United States Postal Service
with postage prepaid and return receipt requested.
Cross references. -- Code, Estates and Trusts Article, 1-103 (a).
(b) Clerk. "Clerk" when used in any rule incorporated by reference into this Title means the
register of wills.
(c) Code. "Code" means the Annotated Code of Public General Laws of Maryland as from time
to time amended.
(d) Person. "Person" includes any individual, partnership, joint stock company, unincorporated
association or society, municipal or other corporation, the State, its agencies or political
subdivisions, any court, or any other governmental entity.
(e) Petition. "Petition" means an application to the court for an order and includes a motion
permitted to be filed pursuant to Title 6 of these Rules.
MARYLAND RULES
Md. Rule 6-106 (2012)
Rule 6-106. Computation of time
Any period of time prescribed by rule, order of court, or any applicable statute shall be
computed in accordance with Rule 1-203.
MARYLAND RULES
Md. Rule 6-107 (2012)
Rule 6-107. Extension of time
(a) By request to register or court. The court or the register, upon written request, may extend
to a specified date the time for filing an inventory (Rule 6-402), an information report (Rule 6-
404), an application to fix inheritance tax on non-probate assets (Rule 6-405), or an account
(Rule 6-417). The request may be made ex parte.
(b) By petition. Except as otherwise provided in this section, when these rules, an order of court,
or other law require or allow an act to be done at or within a specified time, the court, upon
petition filed pursuant to Rule 6-122 and for good cause shown, may extend the time to a
specified date. The court may not extend the time for filing a claim, a caveat, or a notice of
appeal or for taking any other action where expressly prohibited by rule or statute.
MARYLAND RULES
Md. Rule 6-108 (2012)
Rule 6-108. Register of wills -- Acceptance of papers
(a) Generally. Except as otherwise provided in section (b) of this Rule, a register of wills shall
not refuse to accept for filing any paper on the ground that it is not in the form mandated by a
Rule in this Title.
(b) Papers requiring proof of service. The register shall not accept for filing any petition or paper
requiring service unless it is accompanied by (1) a signed certificate showing the date and
manner of service as prescribed in Rule 6-125 or (2) a signed statement that, for reasons set forth
in the statement, there is no person entitled to service. A certificate of service is prima facie
proof of service.
(c) Photocopies; facsimile copies. A photocopy or facsimile copy of a pleading or paper except a
will or codicil, once filed with the court, shall be treated as an original for court purposes. The
attorney or party filing the copy shall retain the original from which the filed copy was made for
production to the court or register upon the request of the court, register, or any party. No filing
of a pleading or paper may be made by transmitting it directly to the court or register by
electronic transmission, except pursuant to an electronic system approved under Rule 16-307.
HISTORY: (Amended May 14, 1992, effective July 1, 1992; Feb. 10, 1998, effective July 1,
1998.)
MARYLAND RULES
Md. Rule 6-111 (2012)
Rule 6-111. Venue
(a) Administrative or judicial probate. Administrative or judicial probate shall be commenced

in the county in which the decedent was domiciled at the time of death or, if the decedent was
not domiciled in Maryland, in the county which the petitioner believes was the situs of the
largest part in value of the decedent's property in Maryland at the time of the decedent's death.
For this purpose, (1) the situs of tangible personal property is its location; (2) the situs of
intangible personal property is the location of the instrument evidencing the property or, in the
absence of an instrument, the residence of the debtor; and (3) the situs of an interest in property
held in trust is any county where the trustee may be sued.
(b) Caveat. The venue for a caveat proceeding shall be the county in which probate proceedings
are pending. If probate proceedings are not pending in any county, venue shall be in the county
in which probate proceedings could have been commenced pursuant to section (a) of this Rule.
(c) Proceedings in more than one county. Probate proceedings may not be maintained in more
than one county. If proceedings are commenced in more than one county, the court of the county
in which proceedings were filed first has exclusive jurisdiction to determine venue. If proper
venue is determined to be in another county, the proceedings, including any will, petition, or
other paper filed, shall be transferred to the proper court.
MARYLAND RULES
Md. Rule 6-112 (2012)
Rule 6-112. Court schedule
The court shall be in session at the times set by law, and shall establish a schedule for the
transaction of business.
MARYLAND RULES
Md. Rule 6-113 (2012)
Rule 6-113. Enforcement
The court has the same legal and equitable powers to effectuate its jurisdiction, punish
contempts, and carry out its orders and judgments as a court of record with general jurisdiction.
MARYLAND RULES
Md. Rule 6-114 (2012)
Rule 6-114. Recording of proceedings
All hearings and plenary proceedings before the court shall be recorded verbatim either
stenographically or by an electronic recording device provided by the court. Recording of
proceedings shall be performed under the control and direction of the court.
MARYLAND RULES
Md. Rule 6-121 (2012)
(a) Caption. Unless a rule in this Title specifies a different form of caption, all papers filed with
the court or the register shall be appropriately captioned as follows:
IN THE ORPHANS' COURT
(OR)
BEFORE THE REGISTER OF WILLS
FOR
, MARYLAND
IN THE ESTATE :
: ESTATE NO.
OF :
(b) Legibility and durability. A paper and the writing on it shall be of permanent quality and the
writing shall be legible.
(c) Existing documents. Sections (a) and (b) do not apply to any document already in existence
which is filed as an exhibit to a petition or paper. However, they do apply to any document
prepared as an exhibit.
MARYLAND RULES
Md. Rule 6-122 (2012)
Rule 6-122. Petitions
(a) Initial Petition. The Initial Petition shall be in the following form:
IN THE ORPHANS' COURT FOR

(OR) , MARYLAND
BEFORE THE REGISTER OF WILLS FOR
IN THE ESTATE OF:
ESTATE NO:
FOR:
[] REGULAR ESTATE [] SMALL ESTATE [] WILL OF [] LIMITED
PETITION FOR PETITION FOR NO ESTATE ORDERS
ADMINISTRATION ADMINISTRATION Complete Complete
Estate value in Estate value of items 2 item 2
excess of $ 30,000. $ 30,000 or less. and 5 and attach

(If spouse is sole (If spouse is sole Schedule C
heir or legatee, heir or legatee,
$ 50,000.) $ 50,000.)
Complete and attach Complete and attach
Schedule A. Schedule B.
The petition of:
Name
Address
Name
Address
Name
Address
Each of us states:
1. I am (a) at least 18 years of age and either a citizen of the United

States or a permanent resident of the United States who is the spouse of the
decedent, an ancestor of the decedent, a descendant of the decedent, or a
sibling of the decedent or (b) a trust company or any other corporation
authorized by law to act as a personal representative.
2. The Decedent, , was domiciled in ,

(County)
State of and died on the

day of , , at
.
(place of death)
3. If the decedent was not domiciled in this county at the time of death,
this is the proper office in which to file this petition because:
.
4. I am entitled to priority of appointment as personal representative of

the decedent's estate pursuant to 5-104 of the Estates and Trusts Article,
Annotated Code of Maryland because:
and I am not excluded by 5-105 (b) of the Estates and Trusts Article,
Annotated Code of Maryland from serving as personal representative.
5. I have made a diligent search for the decedent's will and to the best
of my knowledge:
[] none exists; or
[] the will dated (including codicils, if any, dated
)
accompanying this petition is the last will and it came into my hands in
the following manner:
and the names and last known addresses of the witnesses are:
6. Other proceedings, if any, regarding the decedent or the estate are as

follows:
7. If any information required by paragraphs 2 through 6 has not been

furnished, the reason is:
8. If appointed, I accept the duties of the office of personal

representative and consent to personal jurisdiction in any action brought in
this State against me as personal representative or arising out of the duties
of the office of personal representative.
WHEREFORE, I request appointment as personal representative of the

decedent's estate and the following relief as indicated:
[] that the will and codicils, if any, be admitted to administrative
probate;
[] that the will and codicils, if any, be admitted to judicial probate;
[] that the will and codicils, if any, be filed only;
[] that only a limited order be issued;
[] that the following additional relief be granted:
I solemnly affirm under the penalties of perjury that the contents of the
foregoing petition are true to the best of my knowledge, information, and
belief.
Attorney Petitioner Date
Address Petitioner Date
Petitioner Date
Telephone Number Telephone Number (optional)

(OR) , MARYLAND
IN THE ESTATE OF:
ESTATE NO.
SCHEDULE - A
Regular Estate
Estimated Value of Estate and Unsecured Debts
Personal property (approximate value) ......... $
Real property (approximate value) ........... $

Value of property subject to:
(a) Direct Inheritance Tax of % ........... $
(b) Collateral Inheritance Tax of % ....... $
Unsecured Debts (approximate amount) ........ $
foregoing schedule are true to the best of my knowledge, information, and
belief.
Petitioner Date
.............................................................................
(FOR REGISTER'S USE)
Safekeeping Wills Custody Wills
Bond Set $ Deputy
(OR) , MARYLAND

IN THE ESTATE OF:
ESTATE NO
SCHEDULE - B
Small Estate - Assets and Debts of the Decedent
1. I have made a diligent search to discover all property and debts of the
decedent and set forth below are:
(a) A listing of all real and personal property owned by the decedent,
individually or as tenant in common, and of any other property to which the
decedent or estate would be entitled, including descriptions, values, and how
the values were determined:
(b) A listing of all creditors and claimants and the amounts claimed,
including secured*, contingent and disputed claims:
2. Allowable funeral expenses are $ ; statutory family allowances are

$ ; and expenses of administration claimed are $ .
3. Attached is a List of Interested Persons.
4. After the time for filing claims has expired, subject to the statutory
order of priorities, and subject to the resolution of disputed claims by the
parties or the court, I shall (1) pay all proper claims**, expenses, and
allowances not previously paid; (2) if necessary, sell property of the estate
in order to do so; and (3) distribute the remaining assets of the estate in
accordance with the will or, if none, with the intestacy laws of this State.
Date Personal Representative
*NOTE: 5-601 (d) of the Estates and Trusts Article, Annotated Code of
Maryland "For the purpose of this subtitle -- value is determined by the fair
market value of property less debts of record secured by the property as of
the date of death, to the extent that insurance benefits are not payable to
the lien holder or secured party for the secured debt."
**NOTE: Proper claims shall be paid pursuant to the provisions of Code,
Estates and Trusts Article, 8-104 and 8-105.
belief.
Petitioner Date
(OR) , MARYLAND
IN THE ESTATE OF:
ESTATE NO
SCHEDULE - C
Request for Limited Order
[] To Locate Assets
[] To Locate Will
1. I am entitled to the issuance of a limited order because I am:

[] a nominated personal representative or
[] a person interested in the proceedings by reason of
2. The reasons(s) a limited order should be granted are:
belief. I further acknowledge that this order may not be used to transfer
assets.
Petitioner Date
(b) Other petitions.
(1) Generally. Except as otherwise provided by the rules in this Title or permitted by the court,
and unless made during a hearing or trial, a petition shall be in writing, shall set forth the relief or
order sought, shall state the legal or factual basis for the relief requested, and shall be filed with
the Register of Wills. The petitioner may serve on any interested person and shall serve on the
personal representative and such persons as the court may direct a copy of the petition, together
with a notice informing the person served of the right to file a response and the time for filing it.
(2) Response. Any response to the petition shall be filed within 20 days after service or within
such shorter time as may be fixed by the court for good cause shown. A copy of the response
shall be served on the petitioner and the personal representative.
(3) Order of court. The court shall rule on the petition and enter an appropriate order.
Cross references. -- Code, Estates and Trusts Article, 2-102 (c), 2-105, 5-201 through 5-206,
and 7-402.
(c) Limited Order to Locate Assets.

Upon the filing of a verified petition pursuant to Rule 6-122 (a), the orphans' court may issue a
limited order to search for assets titled in the sole name of a decedent. The petition shall contain
the name, address, and date of death of the decedent and a statement as to why the limited order
is necessary. The limited order to locate assets shall be in the following form:

(OR) , MARYLAND
IN THE ESTATE OF:
LIMITED ORDER NO.
LIMITED ORDER TO LOCATE ASSETS
Upon the foregoing petition by a person interested in the proceedings, it

is this day of ,
by the Orphans' Court for (county), Maryland, ORDERED
that:
1. The following institutions shall disclose to

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

by the Orphans' Court for (County),
Maryland, ORDERED that:
, located at
(Name of financial institution)
enter the
(Address)
safe deposit box titled in the sole name of

, in the presence of
(Name of decedent)
the Register of Wills or the Register's authorized deputy for the

sole purpose of locating the decedent's will and, if the will is
located, deliver it to the Register of Wills.
Committee note. -- This procedure is not exclusive. Banks may also rely on the procedure set
forth in Code, Financial Institutions Article, 12-603.
HISTORY: (Amended Feb. 10, 1998, effective July 1, 1998; Mar. 5, 2001, effective July 1,
2001; Nov. 12, 2003, effective Jan. 1, 2004; Dec. 4, 2007, effective Jan. 1, 2008)
MARYLAND RULES
Md. Rule 6-123 (2012)
Rule 6-123. Verification
When verification of a document is required by rule or law, the verification shall be in the
following form: "I solemnly affirm under the penalties of perjury that the contents of the
foregoing document are true to the best of my knowledge, information, and belief."
MARYLAND RULES
Md. Rule 6-124 (2012)
Rule 6-124. Show cause order
A show cause order directs a person to show cause on or before a specified date why the court
should not take the action described in the order. If a hearing is scheduled when the order is
signed, the order shall set forth the date and time. The order shall also specify who is to be
served and the method of service. A copy of any related petition or other paper shall be served
with a copy of the order.
MARYLAND RULES
Md. Rule 6-125 (2012)
Rule 6-125. Service
(a) Method of service -- Generally. Except where these rules specifically require that service
shall be made by certified mail, service may be made by personal delivery or by first class mail.
Service by certified mail is complete upon delivery. Service by first class mail is complete upon
mailing. If a person is represented by an attorney of record, service shall be made on the attorney
pursuant to Rule 1-321. Service need not be made on any person who has filed a waiver of notice
Cross references. -- For service on a person under disability, see Code, Estates and Trusts
Article, 1-103 (d).
(b) Certificate of service.
(1) When required. A certificate of service shall be filed for every paper that is required to be
served.
(2) Service by certified mail. If the paper is served by certified mail, the certificate shall be in the
following form:
I hereby certify that on this day of , ,I

(month) (year)
mailed by certified mail a copy of the foregoing paper to the following

persons: .
(name and address)
Signature
(3) Service by personal delivery or first class mail. If the paper is

served by personal delivery or first class mail, the certificate shall be in
the following form:
I hereby certify that on the day of , ,I
(month) (year)
delivered or mailed, postage prepaid, a copy of the foregoing paper to the

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

to me in this estate regarding the matters indicated:
[ ] Notice of Judicial Probate

[ ] Notice of Removal of
Personal Representative
[ ] Register's Notice to [ ] Notice of

Petition for
Interested Persons Termination

of Personal
Representative's Appoint-
ment
[ ] Notice of Proposed Payment

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

[ ] Notice of Petition for
to Attorney Partition or Sale of
Real Property
[ ] Notice of Personal Repre- [ ] Other:
sentative's Intention to
Resign
(describe specifically)
By signing this waiver, I understand that it will not be necessary for the
personal representative or any other person required to do so to give notice
to me of any of the matters indicated above.
I UNDERSTAND THAT I AM GIVING UP THE IMPORTANT RIGHT TO BE INFORMED
OF THE
PROGRESS OF THE ESTATE AS TO THE MATTERS INDICATED. I ALSO UNDERSTAN
D THAT I
MAY FILE WITH THE REGISTER A REVOCATION OF THIS WAIVER OF NOTICE BUT
THE
REVOCATION WILL APPLY ONLY AFTER IT IS FILED AND SERVED ON THE PERSO
NAL
REPRESENTATIVE.
Date:
(Signature)
Attorney
Address
Telephone Number
Certificate of Service
I hereby certify that on this day of ,
(month)
, I delivered or mailed, postage prepaid, a copy of the foregoing Waiver
(year)
of Notice to , Personal Representative.
(name and address)
Signature
MARYLAND RULES
Md. Rule 6-127 (2012)
Rule 6-127. Amendments and corrections
(a) Amendments. Amendments to papers filed with the court or the register shall be freely
allowed when justice so permits.
(b) Required corrections. A personal representative who discovers that a document previously
filed is incomplete or erroneous shall promptly file with the register an amendment or
supplemental document reciting the correct information.
(c) Service. The amended or supplemental document shall be served on any persons served with
the document being amended or supplemented and on such other persons as the court may direct.
MARYLAND RULES
Md. Rule 6-131 (2012)
Rule 6-131. Presence of the personal representative
A person petitioning for appointment as a personal representative need not appear personally
before the register when the petition is presented for filing.
MARYLAND RULES
Md. Rule 6-132 (2012)
Rule 6-132. Appearance of attorneys
(a) Entry of appearance. An appearance of an attorney may be entered by signing and filing a
petition for probate or other paper, by filing a written request for the entry of an appearance, or,
if the court permits, by orally requesting the entry of an appearance in open court.
(b) Effect. The entry of an appearance is not a waiver of the right to assert any defense permitted
by law. Special appearances are abolished.
(c) Withdrawal of appearance. When the client has another attorney of record, an attorney may
withdraw an appearance by filing a notice of withdrawal. When the client has no other attorney
of record, an attorney may withdraw an appearance by filing a motion to withdraw pursuant to
Rule 2-132.
MARYLAND RULES
Md. Rule 6-133 (2012)
Rule 6-133. Attorney may act for person
Except for the signing of documents required by law to be filed by a personal representative
with the register or the court, a person's attorney may perform any act required or permitted by
these rules to be performed by that person. When any notice is to be given by or to a person, the
notice may be given by or to the attorney for that person.
MARYLAND RULES
Md. Rule 6-134 (2012)
Rule 6-134. Signing of petitions and other papers
(a) Requirement. Every petition or other paper of a person represented by an attorney shall be
signed by at least one attorney who has been admitted to practice law in this State and who
complies with Rule 6-135. Every petition or other paper of a person who is not represented by an
attorney shall be signed by the person. Every paper filed shall contain the address and telephone
number of the attorney, or if there is no attorney, of the person by whom it is signed.
(b) Effect of signature by attorney. The signature of an attorney on a paper constitutes a
certification that the attorney has read the paper; that to the best of the attorney's knowledge,
information, and belief there is good ground to support it; and that it is not interposed for
improper purpose or delay.
(c) Sanctions. If a paper is not signed as required (except inadvertent omission to sign, if
promptly corrected) or is signed with intent to defeat the purpose of this Rule, it may be stricken
and the action may proceed as though the paper had not been filed. For a wilful violation of this
Rule, an attorney is subject to appropriate disciplinary action.
MARYLAND RULES
Md. Rule 6-135 (2012)
Rule 6-135. Requirements of signing attorney
(a) General. In addition to having been admitted to practice law in this State, an attorney
signing a petition or paper in compliance with Rule 6-134 shall comply with one of the following
two requirements. The attorney shall:
(1) maintain an office for the practice of law in the United States, or
(2) be a regular employee of an agency of government or of a business or other

nongovernmental organization or association and be authorized to sign pleadings on behalf of the
employer. The attorney shall not sign pleadings and papers on behalf of other clients unless both
of the following requirements are met: (A) a substantial portion of the attorney's duties
performed for the regular employer in the regular course of employment must constitute the
practice of law, and (B) the office address as shown on the pleadings must be located in the
United States and a substantial amount of the attorney's time must be spent in that office during
ordinary business hours in the traditional work week.
(b) Definition of "office for the practice of law." In this Rule, "office for the practice of law"
means an office maintained for the practice of law in which a substantial amount of the attorney's
time is usually devoted to the practice of law during ordinary business hours in the traditional
work week. An attorney is deemed to be "in" such an office even though temporarily absent from
it if the duties of law practice are actively conducted by the attorney from that office.
(c) Certification by signing attorney with out-of-state office. If an attorney signing a petition or
paper in compliance with Rule 6-134 does not maintain an office for the practice of law in this
State, the first paper signed by the attorney and filed in the action shall be accompanied by the
attorney's signed certification of admission to practice law in this State.
MARYLAND RULES
Md. Rule 6-141 (2012)
Rule 6-141. Bad faith -- Unjustified proceeding
If the court finds that the conduct of any person in maintaining or defending any proceeding
was in bad faith or without substantial justification, the court may require the offending person or
the attorney advising the conduct or both of them to pay to any other person and, when
appropriate, to the estate the costs of the proceeding and the reasonable expenses, including
reasonable attorney's fees, incurred by the person or estate in opposing it.
MARYLAND RULES
Md. Rule 6-151 (2012)
Rule 6-151. Filing a will
Promptly after learning of the decedent's death, the custodian of a document appearing to be
the last will of the decedent shall file it with the register even if it is not to be offered for probate.
The will shall be filed in the county in which administration should be had pursuant to Rule 6-
111. A prior will need not be filed with the register unless (a) the custodian learns that the
subsequent will has been declared invalid or is being or may be contested, (b) the custodian is
requested to produce it in connection with a proceeding to interpret the subsequent will, or (c)
the court orders the custodian to produce it. A will to be offered for probate, unless previously
filed, shall be filed in conjunction with the filing of a petition for administrative or judicial
probate or administration of a small estate.
MARYLAND RULES
Md. Rule 6-152 (2012)
Rule 6-152. Proof of execution of will
When required in administrative probate and when permitted by the court in judicial probate,
proof of execution of a will shall be made by filing a statement in the following form:
[CAPTION]
PROOF OF EXECUTION OF WILL
I solemnly affirm under the penalties of perjury that I have personal

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

MARYLAND RULES
Md. Rule 6-161 (2012)
Subpoenas issued in connection with proceedings subject to these Rules are governed by Rule
2-510.
MARYLAND RULES
Md. Rule 6-171 (2012)
Rule 6-171. Entry of order or judgment
(a) Direction by court. After determination of an issue, whether by the court or by the circuit
court after transmission of issues, the court shall direct the entry of an appropriate order or
judgment.
(b) Entry by register. The register shall enter an order or judgment by making a record of it in
writing on the file jacket, or on a docket within the file, or in a docket book, according to the
the order or judgment.
MARYLAND RULES
Md. Rule 6-172 (2012)
Rule 6-172. Notice of orders
Upon entry on the docket of any order or ruling of the court not made in the course of a
hearing or trial, the register shall send a copy of the order or ruling to any person who was served
with a copy of the petition or paper to which the order or ruling relates, unless the record
discloses that notice of the court's action has already been given. This Rule does not apply to
show cause orders issued pursuant to Rule 6-124.

MARYLAND RULES
Md. Rule 6-173 (2012)
Rule 6-173. Order upon ex parte application prohibited -- Exceptions
The court shall not sign any order or grant any relief in an action upon an ex parte application
unless:
(a) an ex parte application is expressly provided for or necessarily implied by these rules or
other law, or
(b) the applicant has certified in writing that all persons who will be affected have been given
notice of the time and place of presentation of the application to the court or that specified efforts
commensurate with the circumstances have been made to give notice.
MARYLAND RULES
CHAPTER 200. SMALL ESTATE
Md. Rule 6-201 (2012)
Rule 6-201. Petition for administration of a small estate
(a) Form of petition. A petition for administration of a small estate shall be filed (1) with the
register if administrative probate is requested or (2) with the court if judicial probate is requested
or required. The form of the petition is set forth in Rule 6-122 (a).
Cross references. -- Code, Estates and Trusts Article, 5-602.
(b) Additional documents. A Petition for Administration of a Small Estate shall be accompanied
by a List of Interested Persons (Rule 6-202), and, if required: a Consent to Appointment of
Personal Representative (Rule 6-203), or Renunciation of Right to Letters (Rule 6-204), an
Appointment of a Resident Agent (Rule 6-205), a Notice of Appointment in duplicate (Rule 6-
209), and a Proof of Execution of Will (Rule 6-152).
HISTORY: (Amended Feb. 10, 1998, effective July 1, 1998.)
MARYLAND RULES
Md. Rule 6-202 (2012)

Rule 6-202. List of interested persons
A list of interested persons shall be filed in the following form:
[CAPTION]
LIST OF INTERESTED PERSONS
Name (and age Last Known Ad Specify:

if under 18 dress including Relationship
Heir/Legatee/Personal
years) Zip code Representative to Decedent
I solemnly affirm under the penalties of perjury that the contents of the foregoing list of
interested persons are true to the best of my knowledge, information, and belief.
Petitioner/Personal Representative
Attorney
Address
Telephone Number
Instructions:
1. Interested persons include decedent's heirs (surviving spouse, children,

and other persons who would inherit if there were no will) and, if decedent
died with a will, the personal representative named in the will and all
legatees (persons who inherit under the will). All heirs must be listed even
if decedent dies with a will.
2. This list must be filed (a) within 20 days after appointment of a

personal representative under administrative probate or (b) at the time of
filing a Petition for Judicial Probate or a Petition for Administration of a
Small Estate.
MARYLAND RULES
Md. Rule 6-203 (2012)
Rule 6-203. Consent to appointment of personal representative
A consent to the appointment of another person as personal representative shall be in the

following form:
[CAPTION]
CONSENT TO APPOINTMENT OF
PERSONAL REPRESENTATIVE
OF SMALL ESTATE
I, , the personal representative named in the

will OR
(state relationship to decedent or other basis for appointment)
ask the court or register to appoint instead of me to

serve as personal representative and consent to that appointment. I understand
that if is so appointed I may not withdraw this consent so
long as remains personal representative, except upon a showing of good
cause.
DATE SIGNATURE
NAME
(typed or printed)
Attorney
Address
Telephone Number
MARYLAND RULES
Md. Rule 6-204 (2012)
Rule 6-204. Renunciation of right to letters
A renunciation of the right to letters of administration may not be revoked except upon a
showing of good cause. A renunciation shall be in writing and filed with the register, and shall
contain an acknowledgement that the person renouncing the right to letters understands that the
renunciation may not be revoked except upon a showing of good cause.
MARYLAND RULES
Md. Rule 6-205 (2012)
Rule 6-205. Appointment of resident agent
An appointment of a resident agent shall be in the following form:
[CAPTION]
APPOINTMENT OF RESIDENT AGENT
I appoint as my resident agent on whom service of

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

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

effect this day of , .
(month) (year)
[ ] Will probated .
(date)
[ ] Intestate estate.
[ ] Unprobated will -- Probate not required.
Register of Wills for
VALID ONLY IF SEALED WITH THE SEAL OF THE COURT OR THE REGISTER
HISTORY: (Amended May 9, 2000, effective July 1, 2000; Mar. 5, 2001, effective July 1,
2001.)
MARYLAND RULES
Md. Rule 6-208 (2012)
Rule 6-208. Form of register's order
The order entered by the register shall be in the following form:
[CAPTION]
ORDER FOR SMALL ESTATE
Upon the foregoing Petition, it is this day of , , by the
(month) (year)
Register of Wills ordered that:
1. The estate of shall be administered as a small estate.
2. shall serve as personal representative.
3. The personal representative shall pay fees due the register, expenses of
administration, allowable funeral expenses, and statutory family allowances,
and, if necessary, sell property of the decedent in order to pay them.
4. The will dated (including codicils, if any, dated )
accompanying the petition is:
[ ] admitted to probate; or
[ ] retained on file only.
5. Publication is:
[ ] not required; or
[ ] required and Notice of Appointment shall be published once in a

newspaper of general circulation in the county of appointment.
6. When publication is required, the personal representative shall, subject

to the statutory order of priorities and the resolution of disputed claims by
the parties or by the court: (a) pay all proper claims, expenses, and
allowances not previously paid; (b) if necessary, sell property of the estate
in order to do so; and (c) distribute the remaining property of the estate in
accordance with the will or, if none, with the intestacy laws of this State.
Register of Wills
THIS ORDER DOES NOT CONSTITUTE LETTERS OF ADMINISTRATION AND DOES

NOT
AUTHORIZE THE TRANSFER OF ASSETS.
(month) (year)
delivered or mailed, postage prepaid, a copy of the foregoing Order to
, Personal Representative.
(name and address)

Register of Wills
HISTORY: (Amended May 14, 1992, effective July 1, 1992; May 9, 2000, effective July 1,
2000; April 5, 2005, effective July 1, 2005; June 7, 2011, effective July 1, 2011.)
MARYLAND RULES
Md. Rule 6-209 (2012)
Rule 6-209. Notice of appointment
(a) Notice. When notice of appointment is required to be published by the order of the register,
the personal representative shall file the notice in duplicate in the following form:
(FILE IN DUPLICATE)
(name and address of

attorney)
SMALL ESTATE
NOTICE OF APPOINTMENT
Estate No.
NOTICE TO CREDITORS
NOTICE TO UNKNOWN HEIRS
TO ALL PERSONS INTERESTED IN THE ESTATE OF .
Notice is given that

(name & address)
was on appointed personal representative of
(date)
the small estate of
who died on (with) (without) a will.
(date)
Further information can be obtained by reviewing the estate file in the

office of the Register of Wills or by contacting the personal representative
or the attorney.
All persons having any objection to the appointment shall file their
objections with the Register of Wills within 30 days after the date of
publication of this notice. All persons having an objection to the probate of
the will shall file their objections with the Register of Wills within six
months after the date of publication of this Notice.
All persons having claims against the decedent must serve their claims on
the undersigned personal representative or file them with the Register of
Wills with a copy to the undersigned on or before the earlier of the following
dates:
(1) Six months from the date of the decedent's death, except if the
decedent died before October 1, 1992, nine months from the date of the
decedent's death; or
(2) Thirty days after the personal representative mails or otherwise

delivers to the creditor a copy of this published notice or other written
notice, notifying the creditor that the claims will be barred unless the
creditor presents the claim within thirty days from the mailing or other
delivery of the notice. Any claim not served or filed within that time, or any
extension provided by law, is unenforceable thereafter.
Personal Representative(s)
True Test Copy
Name and Address of Register
of Wills for
Name of newspaper designated by personal representative:
(b) Modification of form. If the initial appointment is made under judicial probate, this form may
be modified to delete reference to the notice of the right to object to the appointment of the
personal representative or to the probate of the decedent's will, as applicable.
(c) Publication. The register shall cause the notice to be published once in a newspaper of
general circulation in the county of appointment.
(d) Certificate of publication. Within 60 days after publication, the personal representative shall
cause to be filed with the register a certification that the required newspaper notice has been
published.
HISTORY: (Amended May 14, 1992, effective July 1, 1992; Dec. 8, 1992; Nov. 12, 2003,
MARYLAND RULES
Md. Rule 6-210 (2012)
Rule 6-210. Notice to interested persons

Promptly after the personal representative files a notice of appointment pursuant to Rule 6-
209, at the expense of the estate the register shall send by certified mail to each interested person
a copy of that notice and a notice in the following form:
NOTICE TO INTERESTED PERSONS
In accordance with Maryland law, you are hereby given legal notice of the
proceedings in a decedent's estate as more fully set forth in the enclosed
copy of the newspaper publication or Notice of Appointment.
This notice is sent to all persons who might inherit if there is no will or
who are persons designated to inherit under a will.
This notice does not necessarily mean that you will inherit under this
estate.
Further information can be obtained by reviewing the estate file in this

office or by contacting the personal representative or the attorney.
Any subsequent notices regarding this estate will be sent to you at the
address to which this notice was sent. If you wish notice sent to a different
address, you must notify me in writing.
Register of Wills
Address
MARYLAND RULES
Md. Rule 6-211 (2012)
Rule 6-211. Proceedings after publication
(a) Payments and distribution. After the time for filing claims has expired, subject to the
statutory order of priorities and subject to the resolution of disputed claims by the parties or the
court, the personal representative shall (1) pay all proper claims, expenses, and allowances not
previously paid; (2) if necessary, sell property of the estate in order to do so; and (3) distribute
the remaining assets of the estate in accordance with the will or, if none, with the intestacy laws
of this State.
(b) Objections and disputed claims. Objections or disputed claims that have not been resolved or
settled by agreement may be pursued by the objecting party or claimant before the court. The
court shall decide the objection or dispute after a hearing and shall direct payment from the estate
of all proper claims, expenses and allowances not previously paid, direct distribution of the net
estate in accordance with the will or, if none, with the intestacy laws of this State, and take any
action it deems necessary.
MARYLAND RULES
Md. Rule 6-212 (2012)
Rule 6-212. After-discovered property
The personal representative shall report promptly by verified statement all property of the
decedent discovered after the filing of the petition. If that property increases the value of all
property of the decedent to the point where Rule 6-206 (c) is applicable, the register shall direct
appropriate proceedings pursuant to that Rule. If the value of all property of the decedent is
increased to more than the allowable limits of a small estate, the administration as a small estate
shall be discontinued and administration shall proceed by the filing of a Petition for
Administrative Probate (Rule 6-301) or Judicial Probate (Rule 6-302), and the Notice of
Appointment (Rule 6-311) shall recite the existence of the prior small estate proceeding.
MARYLAND RULES
Md. Rule 6-221 (2012)
Rule 6-221. Proceedings under judicial probate
If judicial probate is requested or required in a small estate proceeding, the requirements set
forth in Rule 6-302 shall apply. In all other respects the court shall follow the provisions of this
Chapter.
MARYLAND RULES
Md. Rule 6-222 (2012)
Rule 6-222. Personal representative's bond
Unless bond is expressly excused by the will or by the written waiver of all interested persons,
the personal representative shall file a bond in the form set forth in Rule 6-312 (a) if the estate is
established to have a gross value of $ 10,000 or more after the payment of allowable funeral
expenses, family allowances, fees due the register, and expenses of administration.
HISTORY: (Added Jan. 11, 1994.)
MARYLAND RULES
CHAPTER 300. OPENING ESTATES
Md. Rule 6-301 (2012)
Rule 6-301. Petition for probate
(a) Form of petition. A petition for probate, whether administrative or judicial, shall be filed
with the register in the form set forth in Rule 6-122 (a).
Cross references. -- Code, Estates and Trusts Article, 5-104, 5-105, 5-301, and 5-401.
(b) Modification of form. The form set forth in Rule 6-122 (a) shall be appropriately modified if
the petitioner for judicial probate is not requesting appointment as personal representative.
(c) Additional documents -- Administrative probate. A petition for administrative probate shall
be accompanied by a Notice of Appointment in duplicate (Rule 6-311), a Bond (Rule 6-312 (a)
or (b)), and, if required: a Consent to Appointment of Personal Representative (Rule 6-313), a
Renunciation of Right to Letters (Rule 6-314), and Appointment of Resident Agent (Rule 6-315),
and a Proof of Execution of Will (Rule 6-152). The List of Interested Persons (Rule 6-316) may
be filed by the petitioner at this time and, if not so filed, shall be filed by the personal
representative within 20 days after appointment.
(d) Additional documents -- Judicial probate. A petition for judicial probate shall be
accompanied by a List of Interested Persons (Rule 6-316), including all legatees under any will
or codicil offered for probate, and if required: a Personal Representative's Acceptance and
Consent (Rule 6-342), a Consent to Appointment of Personal Representative (Rule 6-313), a
Renunciation of Right to Letters (Rule 6-314), and an Appointment of Resident Agent (Rule 6-
315).

MARYLAND RULES
Md. Rule 6-302 (2012)
Rule 6-302. Proceedings for judicial probate
(a) Service of petition. A copy of a petition for judicial probate (Rule 6-301 (a)) shall be served
by the petitioner on the personal representative, if any.
(b) Notice of judicial probate. Within five days after receiving the names and addresses of the
interested persons, at the expense of the estate the register shall serve on the interested persons
by certified mail a Notice of Judicial Probate. The register shall publish the notice once a week
for two successive weeks in a newspaper of general circulation in the county where judicial
probate is requested. The notice shall be in the following form:
[CAPTION]
NOTICE OF JUDICIAL PROBATE
To all Persons Interested in the above estate:
You are hereby notified that a petition has been filed by
for judicial probate of the will dated
(and codicils, if any, dated ) and
for the appointment of a personal representative. A hearing will be held at
on
(place)
at .
(date) (time)
This hearing may be transferred or postponed to a subsequent time. Further

information may be obtained by reviewing the estate file in the office of the
Register of Wills.
Register of Wills
Cross references. -- Code, Estates and Trusts Article, 1-103 (a) and 5-403.
(c) Hearing. The court shall hold a hearing on the petition for judicial probate and shall take any
appropriate action.
(d) Notice of appointment. After a personal representative has been appointed and if no Notice of
Appointment has been published, notice shall be in the form as set forth in Rule 6-311 and
published as set forth in Rule 6-331 (a).
MARYLAND RULES
Md. Rule 6-311 (2012)
Rule 6-311. Notice of appointment
(a) Form of notice. The petitioner shall file with the register, in duplicate, a notice of
appointment in the following form:
(FILE IN DUPLICATE)
(name and address of attorney)
NOTICE OF APPOINTMENT
NOTICE TO CREDITORS
NOTICE TO UNKNOWN HEIRS
Estate No.
TO ALL PERSONS INTERESTED IN THE ESTATE OF
Notice is given that
(name and address)
was on appointed personal representative of the estate
(date)
of
who died on , (with) (without) a will.
(date)
Further information can be obtained by reviewing the estate file in the

office of the Register of Wills or by contacting the personal representative
or the attorney.
All persons having any objection to the appointment (or to the probate of
the decedent's will) shall file their objections with the Register of Wills on
or before the day of ,
(6 months from date of appointment)
(year)
Any person having a claim against the decedent must present the claim to
the undersigned personal representative or file it with the Register of Wills
with a copy to the undersigned on or before the earlier of the following dates:
(2) Two months after the personal representative mails or otherwise

delivers to the creditor a copy of this published notice or other written
notice, notifying the creditor that the claim will be barred unless the
creditor presents the claims within two months from the mailing or other
delivery of the notice. A claim not presented or filed on or before that date,
or any extension provided by law, is unenforceable thereafter. Claim forms may
be obtained from the Register of Wills.
True Test Copy
Name and Address of Register
of Wills for
Name of newspaper designated by personal representative:
(b) Modification of form. If the initial appointment is made under judicial probate, this form may
be modified to delete reference to the notice of the right to object to the appointment of the
personal representative or to the probate of the decedent's will, as applicable. If there was a prior
small estate proceeding, the form shall be modified to state that fact. If the initial appointment
was made more than six months after the decedent's death, the form may be modified to
eliminate the reference to persons having a claim against the estate.
HISTORY: (Amended May 14, 1992, effective July 1, 1992; Dec. 8, 1992; Feb. 10, 1998,
effective July 1, 1998; May 9, 2000, effective July 1, 2000.)
MARYLAND RULES
Md. Rule 6-312 (2012)
Rule 6-312. Bonds
(a) Form of personal representative's bond. Unless exempted by law or excused from giving a
bond, the personal representative shall file a bond substantially in the following form:
Estate No.
BOND OF PERSONAL REPRESENTATIVE
As of this day of , ,
(month) (year)
personal representative of the Estate of , as principal
and as surety are obligated to the State of

Maryland for the benefit of all interested persons and creditors in the sum of
Dollars.
If the personal representative shall perform the duties of the office of

the personal representative of the estate of the decedent according to law,
and in all respects shall discharge the duties without any injury or damage to
any person interested in the faithful performance of the office, then the
obligation shall be void.
SIGNED, SEALED, AND DELIVERED
IN THE PRESENCE OF:
(SEAL)
Address
Surety
(SEAL)
By:
(b) Form of nominal bond. A personal representative who is excused by the

will or by all interested persons from giving a bond shall file a nominal bond
substantially in the following form unless exempted by law.
Estate No.
NOMINAL BOND OF PERSONAL REPRESENTATIVE
As of this day of , ,
(month) (year)
, personal representative of the Estate of as

principal and as surety are obligated to the State of Maryland in
the sum of Dollars.
This obligation shall be void if the personal representative pays from the
estate the debts due by the decedent, the Maryland inheritance tax, court
costs, and register's fees.
SIGNED, SEALED, AND DELIVERED
IN THE PRESENCE OF:
(SEAL)
Address
Surety: (SEAL)
By:
(c) Form of waiver of bond. Interested persons may waive the giving of a bond, other than the
bond required by section (b) of this Rule, by filing their consent in the following form.
[CAPTION]
WAIVER OF BOND
We, interested persons with respect to the Estate of , consent

that shall serve as personal representative without a bond
except as required by law.
DATE SIGNATURE
NAME (typed or printed)
Attorney
Address
Telephone Number
(d) Enforcement. The liability of a surety on a bond may be enforced pursuant to Rule 1-404.
HISTORY: (Amended May 14, 1992, effective July 1, 1992; Feb. 10, 1998, effective July 1,
MARYLAND RULES
Md. Rule 6-313 (2012)

Rule 6-313. Consent to appointment of personal representative
A consent to the appointment of another person as personal representative shall be in the

following form:
[CAPTION]
CONSENT TO APPOINTMENT OF
PERSONAL REPRESENTATIVE
I, , the personal representative named in the

will OR
(state relationship to decedent or other basis for appointment)
ask the court or register to appoint
instead of me to serve as personal representative and consent to that

appointment. I understand that if
is so appointed I may not withdraw this consent so long as
remains personal representative, except upon a showing of good cause.
DATE SIGNATURE
NAME
(typed or printed)
Attorney
Address
Telephone Number
MARYLAND RULES
Md. Rule 6-314 (2012)
Rule 6-314. Renunciation of right to letters
A renunciation of the right to letters of administration may not be revoked except upon a
showing of good cause. A renunciation shall be in writing and filed with the register, and shall
contain an acknowledgement that the person renouncing the right to letters understands that the
renunciation may not be revoked except upon showing of good cause.
MARYLAND RULES
Md. Rule 6-315 (2012)
Rule 6-315. Appointment of resident agent
An appointment of a resident agent shall be in the following form:
[CAPTION]
APPOINTMENT OF RESIDENT AGENT
I appoint as my
resident agent on whom service of process may be made with the same effect
as if it were served on me personally in the State of Maryland. This
appointment shall remain in effect until the filing of a subsequent
Appointment of Resident Agent.
Date:
I am a Maryland resident and accept the appointment as resident agent.
Resident Agent
Address
Telephone Number
Attorney
Address
Telephone Number
MARYLAND RULES
Md. Rule 6-316 (2012)
Rule 6-316. List of interested persons
A list of interested persons shall be filed in the following form:
[CAPTION]
LIST OF INTERESTED PERSONS
Specify:
Heir/Legatee/
Name (and age if Last Known Address

Personal
Relationship
under 18 years) including Zip Code

Representative
to Decedent
foregoing list of interested persons are true to the best of my knowledge,
Petitioner/Personal Representative
Attorney
Address
Telephone Number
Instructions:
1. Interested persons include decedent's heirs (surviving spouse, children,

and other persons who would inherit if there were no will) and, if decedent
dies with a will, the personal representative named in the will and all
legatees (persons who inherit under the will). All heirs must be listed even
if decedent died with a will.
2. This list must be filed (a) within 20 days after appointment of a

personal representative under administrative probate or (b) at the time of
filing a Petition for Judicial Probate or a Petition for Administration of a
Small Estate.
MARYLAND RULES
Md. Rule 6-317 (2012)
Rule 6-317. Notice to interested persons
At the expense of the estate, the register shall send by certified mail to each interested person a
copy of the published Notice of Appointment as required by Rule 6-331 (b) and a notice in the
following form:
In accordance with Maryland law, you are hereby given legal notice of the
proceedings in a decedent's estate as more fully set forth in the enclosed
copy of the newspaper publication or Notice of Appointment.
This notice is sent to all persons who might inherit if there is no will or
who are persons designated to inherit under a will.
This notice does not necessarily mean that you will inherit under this
estate.
Further information can be obtained by reviewing the estate file in this

office or by contacting the personal representative or the attorney.
Any subsequent notices regarding this estate will be sent to you at the
address to which this notice was sent. If you wish notice sent to a different
address, you must notify me in writing.
Register of Wills
Address
MARYLAND RULES
Md. Rule 6-322 (2012)
Rule 6-322. Letters of administration
After the appointment of a personal representative, the register shall issue letters of
administration to the personal representative in the following form:
STATE OF MARYLAND
LETTERS OF ADMINISTRATION
Estate No.
I certify that administration of the Estate of
was granted on the day of , ,
(month) (year)
to
as personal representative and the appointment is in effect this day of

, .
(month) (year)
[ ] Will probated .
(date)
[ ] Intestate estate.
VALID ONLY IF SEALED WITH THE SEAL OF THE COURT OR THE REGISTER
MARYLAND RULES
Md. Rule 6-331 (2012)
Rule 6-331. Publication
(a) Notice of appointment of the first personal representative -- Administrative or judicial

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

and consent to personal jurisdiction in any action brought in this State
against me as personal representative or arising out of the duties of the
office of personal representative.
Date:
Name
Address
Attorney
Address
Telephone Number
MARYLAND RULES
Md. Rule 6-351 (2012)
Rule 6-351. Conversion to small estate proceeding
When an estate has been opened under this Chapter that may be administered under the small
estate proceedings, the personal representative, at any time before the filing of an initial account,
may file a Petition for Administration of a Small Estate, reciting the existence of the proceeding
under this Chapter. The estate shall thereafter be administered under the provisions of Chapter
200 of this Title except that the Notice of Appointment prescribed by Rule 6-209 shall not be
published if the Notice of Appointment prescribed by Rule 6-311 has been published one or
more times in the proceeding under this Chapter, and the periods set forth in Code, Estates and
Trusts Article, 8-103 for filing objections to an appointment and presenting claims against the
estate shall govern.
MARYLAND RULES
CHAPTER 400. ADMINISTRATION OF ESTATES
Md. Rule 6-401 (2012)
Rule 6-401. Actual notice to creditors
(a) Duty to ascertain identity. Commencing upon appointment and until the time for filing
claims has expired, the personal representative of a decedent's estate shall make a reasonably
diligent effort to ascertain the name and address of each creditor of the decedent.
(b) Time and manner of giving actual notice. At the time of first publication of a Notice of
Appointment pursuant to Code, Estates and Trusts Article, 7-103 the personal representative
shall deliver or send a copy of the Notice of Appointment by first class mail to all creditors of the
decedent whose names and addresses are then known to the personal representative. Thereafter,
the personal representative shall deliver or send a copy of the Notice of Appointment to any
creditor whose name and address is discovered prior to the expiration of the time for filing
claims.
MARYLAND RULES
Md. Rule 6-402 (2012)
Rule 6-402. Form of inventory
Within three months after appointment, the personal representative shall file with the register
(1) an inventory consisting of a summary and supporting schedules in the forms set forth in this
Rule and (2) any required appraisal in conformity with Rule 6-403.
(a) Form of summary.
[CAPTION]
Date of Death
INVENTORY
Summary
Appraised
Schedule Type of Property Value
A Real $
B Leasehold $
C Tangible personal $
D Corporate stocks $
E Bonds, notes, mortgages, debts due to the
decedent $
F Bank accounts, savings and loan accounts,
cash $
G All other interests $
Total $
foregoing inventory are true to the best of my knowledge, information, and
belief and that any property valued by me which I have authority as personal
representative to appraise has been valued completely and correctly in
Date:
Attorney
Address
Telephone Number
(b) Form of supporting schedules.
Inventory of Estate of
Estate No.
SCHEDULE
Item
Market
No. Description
Value
Total $
Verification of appraiser other than personal representative, if not

supplied separately:
I solemnly affirm under the penalties of perjury that I appraised the

property listed on this schedule on the day of , ,
(month) (year)
and that the appraisal was done impartially and to the best of my skill and
judgment.
Signature of Appraiser
Name and Address
Instructions:
Pursuant to Code, Estates and Trusts Article, 7-201,
1. Describe each item in reasonable detail, and indicate its appraised

gross market value as of the date of death of the decedent.
2. If an item is encumbered, show the type and amount of any encumbrance in

the description.
3. For real and leasehold property, give a description sufficient to

identify the property and the title reference by liber and folio.
4. In listing tangible personal property it is not necessary to list
wearing apparel other than furs and jewelry.
2000; amended March 9, 2010, effective July 1, 2010.)
MARYLAND RULES
Md. Rule 6-403 (2012)
Rule 6-403. Appraisal
(a) Required content. When an appraisal is required, the appraisal shall be prepared and
executed by each appraiser named in the Inventory, other than the personal representative. The
appraisal shall (1) describe briefly the appraiser's qualifications, (2) list in columnar form each
item appraised and its market value as of the date of death of the decedent and (3) be verified
substantially in the following form:
I solemnly affirm under the penalties of perjury that I appraised the

property listed in this appraisal on the day of ,
(month)
, and that the appraisal was done impartially and to the best of my
(year)
skill and judgment.
Appraiser
Address
(b) Basis of appraisal. The basis of appraisal need not be set forth in the appraisal, but, upon
request of the register or order of the court, the personal representative shall produce the basis for
inspection by the register.
HISTORY: (Amended Feb. 10, 1998, effective July 1, 1998; May 9, 2000, effective July 1,
MARYLAND RULES
Md. Rule 6-404 (2012)
Rule 6-404. Information report
Within three months after appointment, the personal representative shall file with the register
an information report in the following form:
[CAPTION]
Date of Death
[ ] With [ ] Without Will
INFORMATION REPORT
1. a. At the time of death did the decedent have any interest as a joint
owner (other than with a person exempted from inheritance tax by Code, Tax
General Article, 7-203) in any real or leasehold property located in
Maryland or any personal property, including accounts in a credit union, bank,
or other financial institution?
[ ] No [ ] Yes If yes, give the following

information as
to all such jointly owned property:

Name, Address, and Relationship
Nature of
Total Value
of Joint Owner
Property of
Property
1. b. At the time of death did the decedent have any interest in any real
or leasehold property located outside of Maryland either in the decedent's own
name or as a tenant in common?

information as
to such property:
Address, and Nature of Property

Case Number, Names, and
Location of Court Where
Any Court Proceeding Has
Been Initiated With
Reference to the Property

2. Except for a bona fide sale or a transfer to a person exempted from
inheritance tax pursuant to Code, Tax General Article, 7-203, within two
years before death did the decedent make any transfer of any material part of
the decedent's property in the nature of a final disposition or distribution,
including any transfer that resulted in joint ownership of property?

information as
to each transfer.
Date of Name, Address, and Rela-

Nature of Property
Total Value
Transfer tionship of Transferee

Transferred
of Property
3. Except for interests passing to a person exempted by Code, Tax General
Article, 7-203, at the time of death did the decedent have (a) any interest
less than absolute in real or personal property over which the decedent
retained dominion while alive, including a P.O.D. account, (b) any interest in
any annuity or other public or private employee pension or benefit plan, (c)
any interest in real or personal property for life or for a term of years, or
(d) any other interest in real or personal property less than absolute, in
trust or otherwise?

information as
to each such interest:
Name, Address, and
Description of In- Date and Type of Instru-

Relationship of
terest and Amount ment Establishing

Successor, Owner, or
or Value Interest
Beneficiary
report are true to the best of my knowledge, information, and belief.
Date:
Attorney
Address
Telephone Number
HISTORY: (Amended May 14, 1992, effective July 1, 1992; Dec. 8, 1992; Jan. 11, 1994; Feb.
10, 1998, effective July 1, 1998; Mar. 5, 2001, effective July 1, 2001.)
MARYLAND RULES
Md. Rule 6-405 (2012)
Rule 6-405. Application to fix inheritance tax on non-probate assets
An application to fix inheritance taxes on non-probate assets shall be filed with the register
within 90 days after decedent's death, together with any required appraisal in conformity with
Rule 6-403. The application shall be in the following form:
BEFORE THE REGISTER OF WILLS FOR ,
MARYLAND
In the matter of: File No.
, Deceased
APPLICATION TO FIX INHERITANCE TAX

ON NON-PROBATE ASSETS
The applicant represents that:

1. The decedent, a resident of ,
(county)
died on , .
(month) (day) (year)
2. The non-probate property subject to the inheritance tax in which the

decedent and the recipient had interests, the nature of each interest (such as
joint tenant, life tenant, remainderman of life estate, trustee, beneficiary,
transferee), and the market value of the property at the date of death are:
NATURE OF DATE AND TYPE

PROPERTY INTERESTS OF INSTRUMENT MARKET VALUE
3. The name and address of the recipient of the property and the relationship to
the decedent are:
4. Any liens, encumbrances, or expenses payable from the above property

and their amounts are:
5. Attached is a statement of the basis for valuation or, if required by

law, an appraisal.
6. All other information necessary to fix inheritance tax is as follows:

[ ] tax is payable from residuary estate pursuant to decedent's will; [ ]
OTHER (describe):
The applicant requests the Register of Wills to fix the amount of
inheritance tax due.
foregoing application are true to the best of my knowledge, information, and
belief.
Date:
Applicant
Attorney
Address
Telephone Number
( FOR APPLICANT'S USE -- OPTIONAL )
Value of property as above............................................$
Less: Liens, encumbrances, and expenses as above......................$

Amount taxable........................................................$
Direct Inheritance Tax due at % $
Collateral Inheritance Tax due at % $
Total tax due.........................................................$
MARYLAND RULES
Md. Rule 6-411 (2012)
Rule 6-411. Election to take statutory share
(a) Form of election. A surviving spouse may elect to take a statutory share by the timely filing
of an election in the following form:
[CAPTION]
ELECTION TO TAKE STATUTORY SHARE OF ESTATE
I, ,
surviving spouse of ,
renounce all provisions of my spouse's will pertaining to myself and elect

to take my statutory share of the estate.
Witness:
Surviving Spouse
Date:
Attorney
Address
Telephone Number
(b) Time limitation for making election. An election to take a statutory share shall be filed within
the later of nine months after the date of the decedent's death or six months after the date of the
first appointment of a personal representative under a will, unless extended pursuant to this Rule.
(c) Extension of time for making election. Within the period for making an election, the
surviving spouse may file with the court a petition for an extension of time. The petitioner shall
deliver or mail a copy of the petition to the personal representative. For good cause shown, the
court may grant extensions not to exceed three months at a time, provided each petition for
extension is filed before the expiration of the period originally prescribed or before the expiration
of any period extended by a previous order. The court may rule on the petition without a hearing
or, if time permits, with a hearing.
If an extension is granted without a hearing, the register shall serve notice on the personal
representative and such other persons as the court may direct. The notice shall be in the
following form:
[CAPTION]
NOTICE OF EXTENSION OF TIME

TO ELECT STATUTORY SHARE
On the day of , , an extension of time to
(month) (year)
elect a statutory share of the estate was granted to ,
the decedent's surviving spouse. The extension expires on the day of

, .
(month) (year)
If you believe there is good cause to object to the extension, within 20

days after service of this notice you may file with the court, in writing, a
petition to shorten the time for filing an election. A copy of the petition
shall be served on the surviving spouse.
Register of Wills
(d) Withdrawal. The surviving spouse may file with the register a withdrawal of the election at
any time before the expiration of the time, or any extension thereof granted by the court, for
filing an election.
HISTORY: (Amended Jan. 11, 1994; May 9, 2000, effective July 1, 2000; Nov. 12, 2003,
effective Jan. 1, 2004; June 7, 2011, effective July 1, 2011.)
MARYLAND RULES
Md. Rule 6-412 (2012)
Rule 6-412. Disclaimer
(a) Content of disclaimer. A disclaimer of a legacy, intestate share, survivorship interest, or

other interest in or a power over a decedent's property shall be in writing or other record and
shall (1) describe the or interest or power disclaimed, (2) declare the disclaimer, (3) be signed by
the person making the disclaimer, and (4) be acknowledged if an interest in real property is
disclaimed.
Cross references. -- For form of acknowledgement, see Code, Real Property Article, 4-204.
(b) Delivery or Filing of Disclaimer. The delivery or filing of a disclaimer is governed by Code,
Estates and Trusts Article, 9-209.
MARYLAND RULES
Md. Rule 6-413 (2012)
Rule 6-413. Claim against estate -- Procedure
(a) Presentation of claim. A claimant may make a claim against the estate, within the time
allowed for presenting claims, (1) by serving it on the personal representative, (2) by filing it
with the register and serving a copy on the personal representative, or (3) by filing suit. If the
claim is filed prior to the appointment of the personal representative, the claimant may file the
claim with the register in the county in which the decedent was domiciled or in any county in
which the decedent resided on the date of the decedent's death or in which real property or a
leasehold interest in real property of the decedent is located.
(b) Content of claim. A claim against the decedent's estate shall indicate (1) the basis of the
claim, (2) the name and address of the claimant, (3) the amount claimed, (4) if the claim is not
yet due, the date when it will become due, (5) if the claim is contingent, the nature of the
contingency, and (6) if the claim is secured, a description of the security. Unless the claim is
made by filing suit, it shall be verified.
(c) Form of claim. A claim against a decedent's estate may be filed or made substantially in the
following form:
In the Estate of: Estate No.
Date
CLAIM AGAINST DECEDENT'S ESTATE
The claimant certifies that there is due and owing by the decedent in
accordance with the attached statement of account or other basis for the claim
the sum of $ .
foregoing claim are true to the best of my knowledge, information, and belief.
Name of Claimant Signature of claimant or person
authorized to make verifications
on behalf of claimant
Name and Title of Person Address
Signing Claim
Telephone Number
CERTIFICATE OF SERVICE
I hereby certify that on this day of (month), (year), I []

delivered or [] mailed, first class, postage prepaid, a copy of the foregoing
Claim to the personal representative,
(name and address)

Signature of Claimant
Instructions:
1. This form may be filed with the Register of Wills upon payment of the
filing fee provided by law. A copy must also be sent to the personal
representative by the claimant.
2. If a claim is not yet due, indicate the date when it will become due. If
a claim is contingent, indicate the nature of the contingency. If a claim is
secured, describe the security.
(d) Disallowance of claim or petition for determination of validity. If the claim or any part
thereof is not to be allowed, the personal representative shall either disallow the claim in whole
or in part in the manner provided by section (e) of this Rule, or petition the court for
determination of the validity of the claim.
(e) Form of disallowance of claim. Upon disallowing a claim the personal representative shall
file with the register and mail to the claimant a notice in the following form:
[CAPTION]
NOTICE OF DISALLOWANCE
Your claim has been allowed in the amount of $ and disallowed in the
amount of $ . Your claim in the amount disallowed will be forever barred
unless within 60 days after the mailing of this notice you file a petition for
allowance of the disallowed amount in the Orphans' Court or a suit against the
personal representative.
I certify that the disallowance of claim was mailed, postage prepaid, this
day of , , to
(month) (year)
,
claimant, at .
Personal Representative/Attorney
Name (printed)
Address
Telephone Number
(f) Claimant's petition.
(1) No action taken. If no action has been taken by the personal representative disallowing the
claim in whole or in part, the claimant may petition the court for determination of the validity of
the claim.
(2) After disallowance. A claimant whose claim has been disallowed in whole or in part may file
with the court a petition for allowance within 60 days after mailing of the notice of disallowance.
(g) Hearing. Upon the filing of a petition by the personal representative or a claimant, the court
shall hold a hearing on the petition after notice to the personal representative, the claimant, and
such other persons as the court may direct.
(h) Notice to register of suit. If suit is filed against the personal representative by a claimant
whose claim is disallowed in whole or in part, the personal representative shall notify the register
in writing of the pendency of the suit within ten days after being served with the complaint.
HISTORY: (Amended May 9, 2000, effective July 1, 2000; Dec. 4, 2007, effective Jan. 1, 2008)
MARYLAND RULES
Md. Rule 6-414 (2012)
Rule 6-414. Notice of proposed payment to personal representative or attorney
(a) Scope of notice. Before making a proposed payment to the personal representative or the
attorney for the estate for a claimed debt existing prior to the death of the decedent, the personal
representative shall serve a notice on each unpaid creditor who has filed a claim and on each
interested person and shall file a copy with the register.
(b) Contents of notice. The notice shall state the amount of the proposed payment, the basis for
the payment in reasonable detail, and a statement that each unpaid creditor and interested person
has 20 days after service to file with the court written exceptions and to request a hearing.
(c) Exception. An exception shall be filed with the court within 20 days after service of the
notice and shall include the grounds therefor in reasonable detail. A copy of the exception shall
be served on the personal representative.
(d) Disposition. If exceptions have been timely filed, the court shall hold a hearing, if requested,
and enter an order determining the amount of payment allowed. If exceptions are not timely
filed, payment may be made as proposed without further order of court.
MARYLAND RULES
Md. Rule 6-415 (2012)
Rule 6-415. Petition and order for funeral expenses
When a petition for funeral expenses is required by law, it shall be filed in the following form:
[CAPTION]
PETITION AND ORDER FOR FUNERAL EXPENSES
I hereby request allowance of funeral expenses and I state that:
(1) The expenses are as follows (or as set forth in the attached statement
or invoice):
.
(2) The estate is (solvent) (insolvent).
petition are true to the best of my knowledge, information, and belief.
Date:
Attorney
Address
Telephone Number
(month) (year)
delivered or mailed, postage prepaid, a copy of the foregoing Petition to

the following persons: .
(name and address)
Signature
ORDER
Upon a finding that $ is a reasonable amount for funeral expenses,
according to the condition and circumstances of the decedent, it is this
day of , ,
(month) (year)
ORDERED, by the Orphans' Court for County, that this sum is

allowed.
JUDGES
HISTORY: (Amended May 9, 2000, effective July 1, 2000; amended Nov. 8, 2005, effective
Jan. 1, 2006.)
MARYLAND RULES
Md. Rule 6-416 (2012)
Rule 6-416. Attorney's fees or personal representative's commissions
(a) Subject to court approval.
(1) Contents of petition. When a petition for the allowance of attorney's fees or personal
representative's commissions is required, it shall be verified and shall state: (A) the amount of all
fees or commissions previously allowed, (B) the amount of fees or commissions that the
petitioner reasonably anticipates will be requested in the future, (C) the amount of fees or
commissions currently requested, (D) the basis for the current request in reasonable detail, and
(E) that the notice required by subsection (a) (3) of this Rule has been given.
(2) Filing -- Separate or joint petitions. Petitions for attorney's fees and personal representative's
commissions shall be filed with the court and may be filed as separate or joint petitions.
(3) Notice. The personal representative shall serve on each unpaid creditor who has filed a claim
and on each interested person a copy of the petition accompanied by a notice in the following
form:
NOTICE OF PETITION FOR ATTORNEY'S FEES OR PERSONAL REPRESENTATIVE'S
COMMISSIONS
You are hereby notified that a petition for allowance of attorney's fees or
personal representative's commissions has been filed.
You have 20 days after service of the petition within which to file written
exceptions and to request a hearing.
(4) Allowance by court. Upon the filing of a petition, the court, by order, shall allow attorney's
fees or personal representative's commissions as it considers appropriate, subject to any
exceptions.
(5) Exception. An exception shall be filed with the court within 20 days after service of the
petition and notice and shall include the grounds therefor in reasonable detail. A copy of the
exception shall be served on the personal representative.
(6) Disposition. If timely exceptions are not filed, the order of the court allowing the attorney's
fees or personal representative's commissions becomes final. Upon the filing of timely
exceptions, the court shall set the matter for hearing and notify the personal representative and
other persons that the court deems appropriate of the date, time, place, and purpose of the
hearing.
(b) Consent in lieu of court approval.
(1) Conditions for payment. Payment of attorney's fees and personal representative's
commissions may be made without court approval if:
(A) the combined sum of all payments of attorney's fees and personal representative's
commissions does not exceed the amounts provided in Code, Estates and Trusts Article, 7-601;
and
(B) a written consent stating the amounts of the payments signed by (i) each creditor who has
filed a claim that is still open and (ii) all interested persons, is filed with the register in the
following form:
BEFORE THE REGISTER OF WILLS FOR ........................., MARYLAND
IN THE ESTATE OF:
Estate No.
CONSENT TO COMPENSATION FOR

PERSONAL REPRESENTATIVE AND/OR ATTORNEY
I understand that the law, Estates and Trusts Article, 7-601, provides a
formula to establish the maximum total compensation to be paid for personal
representative's commissions and/or attorney's fees without order of court.
If the total compensation being requested falls within the maximum allowable
amount, and the request is consented to by all unpaid creditors who have filed
claims and all interested persons, this payment need not be subject to review
or approval by the Court. A creditor or an interested party may, but is not
required to, consent to these fees.
The formula sets total compensation at 9% of the first $ 20,000 of the

gross estate PLUS 3.6% of the excess over $ 20,000.
Based on this formula, the total allowable statutory maximum based on the
gross estate known at this time is , LESS any personal
representative's commissions and/or attorney's fees previously approved as
required by law and paid. To date, $ in personal representative's
commissions and $ in attorney's fees have been paid.
Cross references. -- See 90 Op. Att'y. Gen. 145 (2005).
Total combined fees being requested are $ , to be paid as follows:
Amount To Name of Personal Representative/Attorney
I have read this entire form and I hereby consent to the payment of
personal representative and/or attorney's fees in the above amount.
Date Signature Name (Typed or Printed)

Attorney Personal Representative
Address Personal Representative
Address
Telephone Number
Committee note. -- Nothing in this Rule is intended to relax requirements for approval and
authorization of previous payments.
(2) Designation of payment. When rendering an account pursuant to Rule 6-417 or a final report
under modified administration pursuant to Rule 6-455, the personal representative shall designate
any payment made under this section as an expense.
HISTORY: (Amended June 7, 1994, effective Oct. 1, 1994; Feb. 10, 1998, effective July 1,
MARYLAND RULES
Md. Rule 6-417 (2012)
Rule 6-417. Accounts
(a) Time for filing. The personal representative shall file with the register an initial account (1)
within nine months after the date of the appointment of the personal representative or (2) if the
decedent died before October 1, 1992, within the later of ten months after the decedent's death or
nine months after the date of the first publication. The personal representative shall file
subsequent accounts until the estate is closed at intervals of the first to occur of: six months after
the prior account is approved or nine months after the prior account is filed.
(b) Contents of account. A personal representative's account shall include the following items, to
the extent applicable to the accounting period:
(1) In an initial account, the total value of the property shown on all inventories filed prior to the
date of the account; and in the case of a subsequent account, the total value of any assets retained
in the estate as shown in the last account, together with the total value of the assets shown in any
inventory filed since the last account.
(2) An itemized listing of all estate receipts during the accounting period, setting forth the
amount, and a brief description of each receipt, including:
(A) each receipt of principal not included in an inventory of the estate;
(B) each purchase, sale, lease, exchange, or other transaction involving assets owned by the
decedent at the time of death or acquired by the estate during administration, setting forth the
gross amount of all gains or losses and otherwise stating the amount by which the transaction
affects the gross value of the estate;
(C) each receipt of income including rents, dividends, and interest.
(3) The total gross value of the estate's assets to be accounted for in the account.
(4) An itemized listing of all payments and disbursements related to the satisfaction of estate
liabilities during the accounting period, setting forth the amount, and a brief description of each
payment or disbursement, including: funeral expenses; family allowance; filing fees to the
register; court costs; accounting fees; expenses of sale; federal and state death taxes; personal
representative's commissions; attorney's fees; and all other expenses of administration.
(5) The total amount of payments and disbursements reported in the account, and the amount of
the net estate available for distribution or retention.
(6) Distributions and proposed distributions to estate beneficiaries from the net estate available
for distribution, including adjustments for distributions in kind, and the amount of the inheritance
tax due with respect to each distribution.
(7) The value of any assets to be retained in the estate for subsequent accounting, with a brief
explanation of the need for the retention.
(8) The total amount of the estate accounted for in the account, consisting of all payments,
disbursements, distributions, and the value of any assets retained for subsequent accounting, and
equaling the amount stated pursuant to subsection (3) of this section.
(9) The personal representative's verification pursuant to Rule 6-123 that the account is true and
complete for the period covered by the account; together with the personal representative's
certification of compliance with the notice requirements set forth in section (d) of this Rule. The
certification shall contain the names of the interested persons upon whom notice was served.
(c) Affidavit in lieu of account. If an estate has had no assets during an accounting period, the
personal representative may file an affidavit of no assets in lieu of an account.
Committee note. -- In some cases an estate may be opened for litigation purposes only and there
is no recovery to or for the benefit of the estate.
(d) Notice. At the time the account or affidavit is filed the personal representative shall serve
notice pursuant to Rule 6-125 on each interested person who has not waived notice. The notice
shall state (1) that an account or affidavit has been filed, (2) that the recipient may file exceptions
with the court within 20 days from the court's order approving the account, (3) that further
information can be obtained by reviewing the estate file in the office of the Register of Wills or
by contacting the personal representative or the attorney, (4) that upon request the personal
representative shall furnish a copy of the account or affidavit to any person who is given notice,
and (5) that distribution under the account as approved by the court will be made within 30 days
after the order of court approving the account becomes final.
(e) Audit and order of approval. The register shall promptly audit the account and may require
the personal representative to furnish proof of any disbursement or distribution shown on the
account. Following audit by the register and approval of the account by the court, the court
immediately shall execute an order of approval subject to any exceptions.
(f) Exception. An exception shall be filed within 20 days after entry of the order approving the
account and shall include the grounds therefor in reasonable detail. A copy of the exception shall
be served on the personal representative.
(g) Disposition. If no timely exceptions are filed, the order of the court approving the account
becomes final. Upon the receipt of exceptions, the court shall set the matter for hearing and
notify the personal representative and such other persons as the court deems appropriate of the
date, time, place, and purpose of the hearing.
HISTORY: (Amended May 14, 1992, effective July 1, 1992; Dec. 8, 1992; Feb. 10, 1998,
MARYLAND RULES
Md. Rule 6-421 (2012)
Rule 6-421. Termination of appointment of personal representative
If the account contains a request for termination, the approval of the final account terminates
the appointment of a personal representative effective upon the distribution of all assets. If the
final account is approved and does not contain a request for termination, the personal
representative may petition the court for an order terminating the appointment. Notice of the
petition shall be served on interested persons including creditors who have presented their claims
and legatees who have not been paid in full. The notice shall advise the recipient of the right to
request a hearing within 20 days after service. If no hearing is requested, or after hearing if one is
timely requested, the court shall enter an appropriate order.
MARYLAND RULES
Md. Rule 6-422 (2012)
Rule 6-422. Administration after final account -- Newly discovered property
(a) When new appointment not necessary. When property is discovered after an estate has been
closed, a personal representative whose appointment has not been terminated pursuant to Rule 6-
421 may file a supplemental inventory and an account.
(b) When new appointment necessary. If the appointment of the last serving personal
representative has been terminated pursuant to Rule 6-421, or the personal representative is
unable or unwilling to serve, an interested person may file with the court a petition to administer
newly discovered property.
(c) Petition. A petition pursuant to this Rule shall contain a brief description of the property, the
interest of the person filing the petition, the names and addresses of the interested persons, a brief
statement of the anticipated disposition of the property, and a request for the appointment of a
new personal representative. If the petition is not filed by the last serving personal representative,
the petition shall include a brief statement of the reasons.
(d) Order. Upon the appointment of the same or a successor personal representative, the court
shall order the posting of a bond as appropriate, shall issue letters of administration, and shall
order the filing of a supplemental inventory and account.
(e) Notice. Notice of the appointment of a personal representative under this Rule is not required
unless otherwise directed by the court.
MARYLAND RULES
Md. Rule 6-431 (2012)
Rule 6-431. Caveat
(a) Petition. A petition to caveat may be filed by an heir of the decedent or a legatee in any
instrument purporting to be a will or codicil of the decedent. The petition may challenge the
validity of any instrument purporting to be the decedent's will or codicil, whether or not offered
for or admitted to probate.
(b) Time for filing.
(1) Generally. Except as otherwise provided by this Rule, a petition to caveat shall be filed
within six months after the first appointment of a personal representative under a will, even if
there has been a subsequent judicial probate or appointment of a personal representative under
that will. If another will or codicil is subsequently offered for probate, a petition to caveat that
will or codicil shall be filed within three months after that will or codicil is admitted to probate or
within six months after the first appointment of a personal representative under the first probated
will, whichever is later.
(2) Exceptions. Upon petition filed within 18 months after the death of the decedent, a person
entitled to file a petition to caveat may request an extension of time for filing the petition to
caveat on the grounds that the person did not have actual or statutory notice of the relevant
probate proceedings, or that there was fraud, material mistake, or substantial irregularity in those
proceedings. If the court so finds, it may grant an extension.
Cross references. -- Code, Estates and Trusts Article, 5-207, 5-304, 5-406, and 5-407.
(c) Contents. The petition to caveat shall be signed and verified by the petitioner and shall
include the following:
(1) the name and address of the petitioner;
(2) the relationship of the petitioner to the decedent or the nature of the petitioner's interest in
the decedent's estate upon which the petitioner claims the right to file the petition;
(3) the date of the decedent's death;
(4) an identification of the instrument being challenged including a statement as to whether it

has been offered for or admitted to probate;
(5) an allegation that the instrument challenged is not a valid will or codicil of the decedent and
the grounds for challenging its validity;
(6) an identification of the instrument, if any, claimed by the petitioner to be the decedent's last
will, with a copy of the instrument attached to the petition or an explanation why a copy cannot
be attached;
(7) a statement that the list of interested persons filed with the petition contains the names and
addresses of all interested persons who could be affected by the proceeding to the extent known
by the petitioner; and
(8) the relief sought, including a request for the probate of the instrument, if any, that the
petitioner claims is the true last will or codicil of the decedent.
(d) Additional documents. A petition to caveat shall be accompanied by a list of all interested
persons who could be affected by the proceeding in the form prescribed by Rule 6-316, a Notice
of Caveat in the form set forth in section (e) of this Rule, and a Public Notice of Caveat in the
form set forth in section (f) of this Rule.
(e) Notice to interested persons of caveat. A notice to interested persons of the filing of a caveat
shall be in the following form:
[CAPTION]
NOTICE OF CAVEAT
As an interested person, you are notified that:
(1) A petition to caveat challenging the decedent's will dated or

codicil dated has been filed with the court by
(name of petitioner and relationship to decedent or
other basis for interest in the estate)
(2) The present status of the will or codicil being challenged is:
[ ] admitted to probate on , or
(date)
[ ] offered for probate but not admitted; or not offered for probate.
(3) As to defense of the will or codicil by a personal representative:
[ ] The following person has been appointed personal representative:
name(s) and address(es)
[ ] No person is serving as personal representative. A copy of the petition

to caveat is enclosed.
(4) This caveat proceeding may affect adversely any rights you may have in
the decedent's estate. Further information can be obtained by reviewing the
estate file in the office of the Register of Wills or by contacting the
personal representative or the attorney for the estate. If you want to
respond, you must do so in writing filed with the court or with this office
within 20 days after service of this notice or any extension of that period
granted by the court. A copy of any response you file must be sent to the
petitioner or the petitioner's attorney
(name and address)
and to the personal representative or the personal representative's

attorney.
Date:
Address
Telephone Number
(f) Public notice of caveat. A public notice of the filing of a caveat
shall be in the following form:
[CAPTION]
PUBLIC NOTICE OF CAVEAT
To all persons interested in the above estate:
Notice is given that a petition to caveat has been filed by
challenging the will or codicil dated .
You may obtain from the Register of Wills the date and time of any hearing
on this matter.
Register of Wills
(g) Number of copies. The petitioner shall file a sufficient number of copies of the petition to
caveat and Notice of Caveat for the register to comply with Rule 6-432.
MARYLAND RULES
Md. Rule 6-432 (2012)
Rule 6-432. Order to answer; register's notice and service
Within five days after the filing of the petition to caveat, the Register shall:
(a) issue an Order to Answer requiring the personal representative appointed as a result of the
probate of the will or codicil being challenged, if one is currently serving, to respond to the
petition to caveat within 20 days after service;
(b) serve the Order together with a copy of the petition on the personal representative by
certified mail, unless the petitioner requests service by the sheriff;
(c) serve on each interested person a copy of the Notice of Caveat by certified mail, and if no
personal representative appointed under the will or codicil is currently serving, furnish with the
notice a copy of the petition to caveat; and
(d) publish the Public Notice of Caveat once a week for two successive weeks in a newspaper of
general circulation in the county where the petition to caveat is filed.
MARYLAND RULES
Md. Rule 6-433 (2012)
Rule 6-433. Subsequent procedure on petition to caveat
The procedure for responding to and deciding the petition to caveat shall be governed by
section (b) of Rule 6-122.
MARYLAND RULES
Md. Rule 6-434 (2012)
Rule 6-434. Transmitting issues
(a) Petition. In any proceeding, the orphans' court, upon petition, may transmit contested issues
of fact within its jurisdiction for trial to the circuit court of the county in which the orphans' court
is located. The petition shall set forth separately each issue to be transmitted. Each issue shall
present a single, definite, and material question of fact.
(b) Response. A response may include objections to the issues set forth in the petition and offer
additional issues.
(c) Framing of issues. The court, by order, shall frame the issues to be transmitted and transmit
them to the appropriate circuit court. The order may designate the plaintiff and defendant for
purposes of trial in the circuit court.
(d) Amendment, modification or supplementation of issues. Upon petition, the orphans' court
may amend, supplement or modify issues previously transmitted to a circuit court. If the change
is made within 15 days of a scheduled trial date, leave of the circuit court must be obtained.
MARYLAND RULES
Md. Rule 6-441 (2012)
Rule 6-441. Meeting of creditors
(a) Request. The personal representative may file with the court a request for a meeting, under
the supervision of the court, of creditors whose claims have been delivered to the personal
representative or filed with the register pursuant to Code, Estates and Trusts Article, 8-104 (b)
and (c). The request shall set forth the purpose of the meeting, the issues to be resolved, the
reason it would be advantageous, and a list of persons whose interests would be affected.
(b) Scheduling of meeting. If it finds that the meeting of creditors would be advantageous, the
court, by order, shall set a date, time, and place for the meeting.
(c) Notice. Not less than 20 days before the date of the meeting the personal representative shall
serve a copy of the request and order setting the date, time, and place of the meeting on each
person listed in the request and upon such other persons as the court may direct.
(d) Order. Following the meeting, the court shall issue an order in conformity with Code, Estates
and Trusts Article, 8-109 (h).
MARYLAND RULES
Md. Rule 6-442 (2012)
Rule 6-442. Proposal for distribution of property
(a) Proposal. After the probable charges against the estate are known, the personal
representative may serve a proposal for distribution of property on all persons who have a right
to object to the proposed distribution. The proposal shall contain a summary of the assets and
liabilities of the estate, a brief description of the property to be distributed and a statement of the
proposed manner of its distribution, and a notice that failure to serve an objection within 30 days
after service of the proposal constitutes a waiver of the right to do so.
(b) Objection. Any objection to the proposed distribution shall be in writing and shall be served
on the personal representative within 30 days after service of the proposal.
MARYLAND RULES
Md. Rule 6-443 (2012)

Rule 6-443. Meeting of distributees and distribution by court
(a) Request. When the personal representative cannot obtain agreement from all interested
persons entitled to distribution, or if the personal representative has reason to believe that there
may be a person entitled to distribution whose name, address, or survival is unknown, the
personal representative may file with the court a request for a meeting, under the supervision of
the court, of all interested persons entitled to distribution. The request shall set forth the purpose
of the meeting, may include the proposed distribution, and shall ask the court to set a date for the
meeting. If the personal representative has reason to believe that there may be an interested
person entitled to distribution whose name, address, or survival is unknown, the request shall be
accompanied by an affidavit so stating and setting forth the good faith efforts made to identify
and locate the person.
(b) Notice. The court shall set a date for the meeting allowing sufficient time for the personal
representative to comply with the notice requirements set forth in this section. At least 20 days
before the meeting the personal representative shall serve on each distributee whose identity and
whereabouts are known a notice of the date, time, and place of the meeting, and if the request
was accompanied by an affidavit under section (a) of this Rule, the personal representative shall
publish notice of the date, time, and place, and purpose of the meeting. The notice shall be
published in a newspaper of general circulation once a week for three successive weeks in the
county of appointment. The first publication shall be made at least 20 days before the meeting.
The personal representative shall make such other efforts to learn the names and addresses of
additional interested persons as the court may direct.
(c) Appointment of disinterested persons. At any time, the court may appoint two disinterested
persons, not related to the distributees, to recommend a proposed distribution or sale.
(d) Order. Following the meeting, the court shall issue an appropriate order of distribution or
sale.
MARYLAND RULES
Md. Rule 6-444 (2012)
Rule 6-444. Petition for partition or sale of property
(a) Petition. When two or more heirs or legatees are entitled to distribution of undivided
interests in property of the estate, the personal representative or one or more of the heirs or
legatees may petition the court before the closing of the estate to order partition of the property
or sale of the property in lieu of partition. The petition shall contain a brief description of the
property and the relief requested. It shall be served on all interested heirs and legatees.
(b) Disposition. The court shall determine whether there shall be partition or sale and shall
thereafter proceed pursuant to Title 12, Chapter 400. (Amended June 5, 1996, effective Jan. 1,
1997.)
MARYLAND RULES
Md. Rule 6-451 (2012)
Rule 6-451. Resignation of personal representative
(a) Notice. A personal representative who wishes to resign before the approval of the final
account shall file with the register a statement of resignation and a certificate that a notice of
intention to resign was served on all interested persons at least 20 days prior to the filing of the
statement.
(b) Successor. If no one applies for appointment as successor personal representative or special
administrator before the filing of the statement of resignation and an appointment is not made
within the 20-day period, the resigning personal representative may apply to the court for
appointment of a successor.
(c) Account of resigning personal representative. Upon appointment of a successor personal

representative or special administrator, the court shall order the resigning personal representative
to (1) file an account with the court and deliver the property of the estate to the successor
personal representative or special administrator or (2) comply with Rule 6-417 (c). The
resignation is effective upon appointment of the successor or special administrator.
(d) Inventory of successor personal representative. Within three months after appointment, a
successor personal representative shall file either a new inventory to replace the one filed by the
predecessor personal representative or a written consent to be answerable for the items as listed
and valued in the inventory or retained in the most recent account filed by the predecessor.
(e) Resignation of co-personal representative. A co-personal representative may resign by filing

with the register a statement of resignation and a certificate that a notice of intention to resign
was served on all interested persons at least 20 days prior to the filing of the statement.
MARYLAND RULES
Md. Rule 6-452 (2012)

Rule 6-452. Removal of a personal representative
(a) Commencement. The removal of a personal representative may be initiated by the court or
the register, or on petition of an interested person.
(b) Show cause order and hearing. The court shall issue an order (1) stating the grounds asserted
for the removal, unless a petition for removal has been filed, (2) directing that cause be shown
why the personal representative should not be removed, and (3) setting a hearing. The order may
contain a notice that the personal representative, after being served with the order, may exercise
only the powers of a special administrator or such other powers as the court may direct. Unless
otherwise permitted by the court, the order shall be served by certified mail on the personal
representative, all interested persons, and such other persons as the court may direct. The court
shall conduct a hearing for the purpose of determining whether the personal representative
should be removed.
(c) Appointment of successor personal representative. Concurrently with the removal of a

personal representative, the court shall appoint a successor personal representative or special
administrator.
(d) Account of removed personal representative. Upon appointment of a successor personal

representative or special administrator, the court shall order the personal representative who is
being removed from office to (1) file an account with the court and deliver the property of the
estate to the successor personal representative or special administrator or (2) comply with Rule
6-417 (c).
MARYLAND RULES
Md. Rule 6-453 (2012)
Rule 6-453. Suspension of powers and duties of a personal representative
On petition of an interested person, the court may suspend any of the powers and duties of the
personal representative in accordance with the injunction provisions of the Maryland Rules.
MARYLAND RULES
Md. Rule 6-454 (2012)
Rule 6-454. Special administration
(a) Appointment of special administrator. When necessary to protect property before the
appointment and qualification of a personal representative or before the appointment of a
successor personal representative following a vacancy in the position of personal representative,
the court shall enter an order appointing a special administrator. The appointment may be
initiated by the court or the register or upon the filing of a petition by an interested person, a
creditor, the personal representative of a deceased personal representative, or the person
appointed to protect the estate of a personal representative under a legal disability.
(b) Contents of petition. A petition for appointment of a special administrator shall contain a
brief description of the property requiring protection, a statement setting forth the necessity for
the appointment before the appointment of a personal representative and, when appropriate, the
reasons for the delay in the appointment of a personal representative.
(c) Bond. Upon appointment, the special administrator shall comply with Rule 6-312, except to
the extent that the court, upon recommendation of the register, may otherwise prescribe.
(d) Specified duties. The special administrator shall assume any unperformed duties required of a
personal representative concerning the preparation and filing of inventories, accounts and notices
of filing accounts, and proposed payments of fees and commissions. The special administrator
shall collect, manage, and preserve property of the estate and shall account to the personal
representative subsequently appointed. The special administrator shall have such further powers
and duties as the court may order.
(e) Notice. Notice of the appointment of a special administrator is not required unless otherwise
directed by the court.
2004.)
MARYLAND RULES
Md. Rule 6-455 (2012)
Rule 6-455. Modified administration
(a) Generally. When authorized by law, an election for modified administration may be filed
by a personal representative within three (3) months after the appointment of the personal
representative.
(b) Form of election. An election for modified administration shall be in the following form:
BEFORE THE REGISTER OF WILLS FOR , MARYLAND
ESTATE OF Estate No
ELECTION OF PERSONAL REPRESENTATIVE FOR

MODIFIED ADMINISTRATION
1. I elect Modified Administration. This estate qualifies for Modified

Administration for the following reasons:
(a) The decedent died on [] with a will or [] without a will.
(b) This Election is filed within 3 months from the date of my appointment
which was on .
(c) [] Each of the residuary legatees named in the will or [] each of the
heirs of the intestate decedent is either:
[] The decedent's personal representative or [] an individual or an entity

exempt from inheritance tax in the decedent's estate under 7-203 (b), (e),
and (f) of the Tax - General Article.
(d) Each trustee of every trust that is a residuary legatee is one or more
of the following: the decedent's [] personal representative, [] surviving
spouse, [] child.
(e) Consents of the persons referenced in 1 (c) [] are filed herewith or []

were filed previously.
(f) The estate is solvent and the assets are sufficient to satisfy all
specific legacies.
(g) Final distribution of the estate can be made within 12 months after the
date of my appointment.
2. Property of the estate is briefly described as follows:

Description Estimated Value
3. I acknowledge that I must file a Final Report Under Modified

Administration no later than 10 months after the date of appointment and that,
upon request of any interested person, I must provide a full and accurate
Inventory and Account to all interested persons.
4. I acknowledge the requirement under Modified Administration to make full

distribution within 12 months after the date of appointment.
5. I acknowledge and understand that Modified Administration shall continue

as long as all the requirements are met.
foregoing are true to the best of my knowledge, information and belief.
Address
Telephone
(c) Consent. An election for modified administration may be filed if all

the residuary legatees of a testate decedent and the heirs at law of an
intestate decedent consent in the following form:
ESTATE OF Estate No.
CONSENT TO ELECTION FOR

I am a [] residuary legatee, who is the decedent's personal representative

or an individual or an entity exempt from inheritance tax under 7-203 (b),
(e), and (f) of Code, Tax General Article, [] an heir of the decedent who died
intestate, and I am the decedent's personal representative or an individual or
an entity exempt from inheritance tax under 7-203 (b), (e), and (f), [] or a
trustee of a trust that is a residuary legatee who is the decedent's personal
representative, surviving spouse, or child.
1. Instead of filing a formal Inventory and Account, the personal

representative will file a verified Final Report Under Modified Administration
no later than 10 months after the date of appointment.
2. Upon written request to the personal representative by any legatee not

paid in full or any heir-at-law of a decedent who died without a will, a
formal Inventory and Account shall be provided by the personal representative
to the legatees or heirs of the estate.
3. At any time during administration of the estate, I may revoke Modified

Administration by filing a written objection with the Register of Wills. Once
filed, the objection is binding on the estate and cannot be withdrawn.
4. If Modified Administration is revoked, the estate will proceed under

Administrative Probate and the personal representative shall file a formal
Inventory and Account, as required, until the estate is closed.
5. Unless I waive notice of the verified Final Report Under Modified

Administration, the personal representative will provide a copy of the Final
Report to me, upon its filing which shall be no later than 10 months after the
date of appointment.
6. Final Distribution of the estate will occur not later than 12 months
after the date of appointment of the personal representative.
Signature of Residuary Legatee or Heir State Relationship to Decedent

Type or Print Name
Signature of Residuary Legatee or Heir State Relationship to Decedent
Type or Print Name
Signature of Trustee Signature of Trustee
Type or Print Name Type or Print Name
(d) Final report.
(1) Filing. A verified final report shall be filed no later than 10 months
after the date of the personal representative's appointment.
(2) Copies to interested persons. Unless an interested person waives notice

of the verified final report under modified administration, the personal
representative shall serve a copy of the final report on each interested
person.
(3) Contents. A final report under modified administration shall be in the

following form:
Date of Death Date of Appointment

of Personal Repre-
sentative
FINAL REPORT UNDER MODIFIED ADMINISTRATION
(Must be filed within 10 months after the date of appointment)
I, Personal Representative of the estate, report the following:
1. The estate continues to qualify for Modified Administration as set

forth in the Election for Modified Administration on file with the Register of
Wills.
2. Attached are the following Schedules and supporting attachments:
Total Schedule A: Reportable Property

................... $
Total Schedule B: Payments and Disbursements .........

[
)
Total Schedule C: Distribution of Net Reportable
Property ......... $
3. I acknowledge that:
(a) Final distributions shall be made within 12 months after the date of
my appointment as personal representative.
(b) If Modified Administration is revoked, the estate shall proceed under

Administrative Probate, and I will file a formal Inventory and Account, as
required, until the estate is closed.
foregoing are true to the best of my knowledge, information, and belief and
that any property valued by me which I have authority as personal
representative to appraise has been valued completely and correctly in
Attorney Signature Personal Representative Date
Address Personal Representative Date
Address Personal Representative Date

Telephone
CERTIFICATE OF SERVICE OF
I hereby certify that on this day of , I delivered or mailed,

postage prepaid, a copy of the foregoing Final Report Under Modified
Administration and attached Schedules to the following persons:
Names Addresses
City, State, Zip Code
Telephone Number
FOR REGISTER OF WILLS USE

Distributions subject to collateral Tax thereon
tax at %
Distribution subject to collateral Tax thereon
tax at %
Distribution subject to direct tax Tax thereon
at %
Distribution subject to direct tax Tax thereon
Exempt distributions to
(Identity of the recipient)
Total Inheritance Tax due
Total Inheritance Tax paid
Gross estate Probate Fee & Costs
Collected

SUPPORTING SCHEDULE A
REPORTABLE PROPERTY

Basis of
Item No. Description Valuation Value
TOTAL REPORTABLE PROPERTY OF THE DECEDENT $

(Carry forward to Schedule C)
INSTRUCTIONS
ALL REAL AND PERSONAL PROPERTY MUST BE INCLUDED AT DATE OF DEATH

VALUE.
THIS DOES NOT INCLUDE INCOME EARNED DURING ADMINISTRATION OR CAPIT
AL GAINS OR
LOSSES REALIZED FROM THE SALE OF PROPERTY DURING ADMINISTRATION. AT
TACHED
APPRAISALS OR COPY OF REAL PROPERTY ASSESSMENTS AS REQUIRED:
1. Real and leasehold property: Fair market value must be established by a
qualified appraiser. For decedents dying on or after January 1, 1998, in lieu
of a formal appraisal, real and leasehold property may be valued at the full
cash value for property tax assessment purposes as of the most recent date of
finality. This does not apply to property tax assessment purposes on the basis
of its use value.
2. The personal representative may value: Debts owed to the decedent,

including bonds and notes; bank accounts, building, savings and loan
association shares, money and corporate stocks listed on a national or
regional exchange or over the counter securities.
3. All other interests in tangible or intangible property: Fair market

value must be established by a qualified appraiser.
ATTACH ADDITIONAL SCHEDULES AS NEEDED

SUPPORTING SCHEDULE B
Payments and Disbursements

Item No. Description Amount Paid
Total Disbursements: $
(Carry forward to Schedule C)
INSTRUCTIONS
1. Itemize all liens against property of the estate including mortgage

balances.
2. Itemize sums paid (or to be paid) within twelve months from the date of
appointment for: debts of the decedent, taxes due by the decedent, funeral
expenses of the decedent, family allowance, personal representative and
attorney compensation, probate fee and other administration expenses of the
estate.

SUPPORTING SCHEDULE C
Distributions of Net Reportable Property
1. SUMMARY OF REPORTABLE PROPERTY
Total from Schedule A .............................
Total from Schedule B .............................
Total Net Reportable Property .............................
(Schedule A minus Schedule B)
2. SPECIFIC BEQUESTS (If Applicable)
Name of Legatee or Heir Distributable Share Inheritance

of Reportable Estate Tax Thereon
3. DISTRIBUTION OF BALANCE OF ESTATE
Name of Legatee or Heir Distributable Share Inheritance

of Reportable Estate Tax Thereon
Total Reportable Distributions $
Inheritance Tax $
(4) Inventory and account. The provisions of Rule 6-402 (Inventory) and Rule 6-417 (Account)
do not apply.
(e) Revocation.
(1) Causes for revocation. A modified administration shall be revoked by:
(A) the filing of a timely request for judicial probate;
(B) the filing of a written objection by an interested person;
(C) the personal representative's filing of a withdrawal of the election for modified
administration;
(D) the court, on its own initiative, or for good cause shown by an interested person or by the
register;
(E) the personal representative's failure to timely file the final report and make distribution
within 12 months after the date of appointment, or to comply with any other provision of this
Rule or Code, Estates and Trusts Article, 5-701 through 5-710.
(2) Notice of revocation. The register shall serve notice of revocation on each interested person.
(3) Consequences of revocation. Upon revocation, the personal representative shall file a formal
inventory and account with the register pursuant to Rules 6-402 and 6-417. The inventory and
account shall be filed within the time provided by Rules 6-402 and 6-417, or, if the deadline for
filing has passed, within 30 days after service of the register's notice of revocation.
HISTORY: (Added Feb. 10, 1998, effective July 1, 1998; Amended Mar. 5, 2001, effective July
1, 2001; Nov. 12, 2003, effective Jan. 1, 2004; April 5, 2005, effective July 1, 2005; Dec. 4,
2007, effective Jan. 1, 2008)
MARYLAND RULES
Md. Rule 6-456 (2012)

Rule 6-456. Modified administration -- Extension of time to file a final report and to make
distribution
(a) Generally. The initial time periods for filing a final report and for making distribution to
each legatee and heir may be extended for 90 days if the personal representative and each
interested person sign the form set out in section (b) of this Rule and file the form within 10
months of the date of appointment of the personal representative.
(b) Form. A consent to an extension of time to file a final report and to make distribution in a
modified administration shall be in substantially the following form:
IN THE ESTATE OF Estate No
Date of Death Date of Appointment

Of Personal Representative
CONSENT TO EXTEND TIME TO FILE FINAL REPORT AND TO MAKE DISTRIBUTIO

N IN A
We, the Personal Representative and Interested Persons in the

above-captioned estate, consent to extend for 90 days the time to file a final
report and to make distribution in the modified administration of the estate.
We acknowledge that this consent must be filed within 10 months of the date of
appointment of the personal representative.
Personal Representatives
(Type or Print Names)
Name Signature
Name Signature
Name Signature
Interested Persons
(Type or Print Names)
Name Signature
Name Signature
Name Signature
HISTORY: (Added Nov. 12, 2003, effective Jan. 1, 2004; Amended April 5, 2005, effective
July 1, 2005.)
MARYLAND RULES
Md. Rule 6-461 (2012)
Rule 6-461. Applicability of Title 2 rules
(a) Discovery rules. Discovery in accordance with the rules in Title 2, Chapter 400 is available
in any court proceeding on a contested matter.
(b) Summary judgment. Rule 2-501 applies to a proceeding in the orphans' court.
(c) Motions to alter, amend, or revise a final order. Rules 2-534 and 2-535 apply to a final order
entered pursuant to Rule 6-171.
(d) Other rules. In any proceeding in which an issue of law or fact is in controversy, the court, on
petition of a party or on its own motion and after notice to all persons who may be affected by
the proceeding and an opportunity to be heard, may apply other rules in Title 2. The petition and
notice shall state the specific rules in Title 2 that the court is requested to apply.

MARYLAND RULES
Md. Rule 6-462 (2012)
Rule 6-462. Applicability of Title 5 rules
Title 5 of these rules applies to plenary proceedings in the court. In the interest of justice, the
court may decline to require strict application of the rules in Title 5, except those relating to the
competency of witnesses.
HISTORY: (Added Dec. 15, 1993, effective July 1, 1994.)

MARYLAND RULES
Md. Rule 6-463 (2012)
Rule 6-463. Appeals
An appeal from a judgment of the court may be taken (a) to the Court of Special Appeals of
Maryland pursuant to Code, Courts Article, 12-501, or (b) except in Harford and Montgomery
Counties, to the circuit court for the county pursuant to Code, Courts Article, 12-502 and Title
7, Chapter 500 of these Rules.
MARYLAND RULES
Md. Rule 6-464 (2012)
Rule 6-464. Striking of notice of appeal by orphans' court
(a) Generally. On motion or on its own initiative, the orphans' court may strike a notice of
appeal (1) that has not been filed within the time prescribed by Rule 6-463, (2) if the Register of
Wills has prepared the record pursuant to Code, Courts Article, 12-501 and 12-502 and the
appellant has failed to pay for the record, (3) if the appellant has failed to deposit with the
Register of Wills the filing fee required by Code, Estates and Trusts Article, 2-206, unless the
fee has been waived by an order of court, (4) the appeal has been taken to the Court of Special
Appeals and the appellant has failed to deposit with the Register of Wills the transcript costs, or
(5) if by reason of any other neglect on the part of the appellant the record has not been
transmitted to the court to which the appeal has been taken within the time prescribed in Code,
Courts Article, 12-502.
(b) Notice. Before the orphans' court strikes a notice of appeal on its own initiative, the Register
of Wills shall serve on all interested persons pursuant to Rule 6-125 a notice that an order
striking the notice of appeal will be entered unless a response is filed within 15 days after service
showing good cause why the notice of appeal should not be stricken.
HISTORY: (Added Nov. 12, 2003, effective Jan. 1, 2004; Dec. 4, 2007, effective Jan. 1, 2008.)
MARYLAND RULES
CHAPTER 500. MISCELLANEOUS PROVISIONS
Md. Rule 6-501 (2012)
Rule 6-501. Application by foreign personal representative to set inheritance tax
(a) Form of application. An application by a foreign personal representative to set inheritance

tax shall be filed with the register for the county where the largest part in value of the decedent's
Maryland property is located according to the following form:
In the Estate of:

File No.
APPLICATION BY FOREIGN PERSONAL REPRESENTATIVE

TO SET INHERITANCE TAX
The Application of
Name Address
,
Name Address
Each of us states:
1. I am the qualified foreign personal representative of the Estate of
(name of decedent)
who died domiciled in on
(state or country)
(with) (without) a will.
(date)
2. Real and leasehold property owned by the decedent in Maryland and the
market value at the decedent's date of death are:
3. Tangible personal property in Maryland owned by the decedent and taxable

in Maryland and the market value at the decedent's date of death are:
4. Any liens, encumbrances, and expenses payable out of Maryland property

and their amounts are:
$
$
5. Attached are:
(a) copy of appointment and will, if any, authenticated under Title 28,
U.S.C.A. 1738;
(b) appointment of Maryland resident agent;
(c) list of recipients of Maryland property, their interests in the

property, and their relationship to the decedent;
(d) notice to creditors of appointment with respect to the decedent's real

or leasehold property in Maryland; and
(e) appraisal or other basis for valuation of real or leasehold property,

or of tangible personal property that is taxable in Maryland. (For real and
leasehold property give a description sufficient to identify the property and
the title reference by liber and folio.)
I request the Register of Wills to set the amount of inheritance tax due.
foregoing application are true and correct to the best of my knowledge,
Date:
Applicant
Applicant
Attorney
Address
Telephone Number
(FOR APPLICANT'S USE -- OPTIONAL)
Value of Property as above............................................$
Less: Liens, encumbrances and
expenses as above.....................................................$
Amount Taxable........................................................$
Direct Inheritance Tax due at %.....................................$
Collateral Inheritance Tax due at %.................................$
Total Tax due.........................................................$
(b) Form of notice of appointment of foreign personal representative. The

foreign personal representative shall deliver to the register a notice of
appointment as foreign personal representative and one additional copy for
each newspaper where publication is to be made. The notice shall be in the
following form:
(name and address of personal
representative or attorney)
NOTICE TO CREDITORS OF
APPOINTMENT OF FOREIGN PERSONAL REPRESENTATIVE
NOTICE IS GIVEN that the court
of county,
(state)
appointed
(name and address)
as the of the Estate
(title)
of
(name of decedent)
who died on domiciled in
(date)
(state and country)
The Maryland resident agent for service of process is
whose
address is .
At the time of death, the decedent owned real or leasehold property in the
following Maryland counties:
All persons having claims against the decedent must file their claims with
the Register of Wills for County with a copy to the foreign
personal representative on or before the earlier of the following dates:
(2) Two months after the foreign personal representative mails or delivers
to the creditor a copy of this published notice or other written notice,
notifying the creditor that the claim will be barred unless the creditor
presents the claim within two months from the mailing or other delivery of the
notice. Claims filed after that date or after a date extended by law will be
barred.
Foreign Personal Representative
Name of Newspaper:
Date of first Register of Wills
publication Address
Cross references. -- Code, Estates and Trusts Article, 5-503, 5-504, and 7-103.
(c) Publication -- Certification. The foreign personal representative shall publish notice of the
out-of-state appointment once a week for three successive weeks in a newspaper of general
circulation in each county where real or leasehold property of the decedent is located. The
foreign personal representative shall cause to be filed with the register a certification by the
publisher that the required newspaper notices have been published.
HISTORY: (Amended May 14, 1992, effective July 1, 1992; Dec. 8, 1992.)
MARYLAND RULES
TITLE 7. APPELLATE AND OTHER JUDICIAL REVIEW IN CIRCUIT COURT
CHAPTER 100. APPEALS FROM THE DISTRICT COURT TO THE CIRCUIT COURT
Md. Rule 7-101 (2012)

The rules in this Chapter govern appeals to a circuit court from a judgment of the District
Court.
MARYLAND RULES
Md. Rule 7-102 (2012)
Rule 7-102. Modes of appeal
(a) De novo. Except as provided in section (b) of this Rule, an appeal shall be tried de novo in
all civil and criminal actions.
Cross references. -- For examples of appeals to the circuit court that are tried de novo, see Code,
Courts Article, 12-401 (f), concerning a criminal action in which sentence has been imposed or
suspended following a plea of guilty or nolo contendere and an appeal in a municipal infraction
or Code violation case; Code, Courts Article, 3-1506, concerning an appeal from the grant or
denial of a petition seeking a peace order; and Code, Family Law Article, 4-507, concerning an
appeal from the grant or denial of a petition seeking relief from abuse.
(b) On the record. An appeal shall be heard on the record made in the District Court in the
following cases:
(1) a civil action in which the amount in controversy exceeds $ 5,000 exclusive of interest, costs,
and attorney's fees if attorney's fees are recoverable by law or contract;
(2) any matter arising under 4-401 (7) (ii) of the Courts Article;
(3) any civil or criminal action in which the parties so agree;
(4) an appeal from an order or judgment of direct criminal contempt if the sentence imposed by
the District Court was less than 90 days' imprisonment; and
(5) an appeal by the State from a judgment quashing or dismissing a charging document or
granting a motion to dismiss in a criminal case.
HISTORY: (Amended Jan. 10, 1995, effective Feb. 1, 1995; Mar. 5, 2001, effective July 1,
2001; April 5, 2005, effective July 1, 2005.)
MARYLAND RULES
Md. Rule 7-103 (2012)
Rule 7-103. Method of securing appellate review
(a) By notice of appeal. The only method of securing appellate review in the circuit court is by
the filing of a notice of appeal with the clerk of the District Court within the time prescribed in
Rule 7-104.
(b) District Court costs. Before the clerk transmits the record pursuant to section (d) of this Rule,
the appellant shall pay to the clerk of the District Court the cost of preparation of a transcript, if a
transcript is necessary to the appeal.
(c) Filing fee. Within the time for transmitting the record under Rule 7-108, the appellant shall
deposit the fee prescribed by Code, Courts Article, 7-202 with the clerk of the District Court
unless the fee has been waived by an order of court or unless the appellant is represented by (1)
the Public Defender's Office, (2) an attorney assigned by Legal Aid Bureau, Inc., or (3) an
attorney assigned by any other legal services organization that accepts as clients only those
persons meeting the financial eligibility criteria established by the Federal Legal Services
Corporation or other appropriate governmental agency. The filing fee shall be in the form of cash
or a check or money order payable to the clerk of the circuit court.
(d) Transmittal of record. After all required fees have been paid, the clerk shall transmit the
record as provided in Rules 7-108 and 7-109. The filing fee shall be forwarded with the record to
the clerk of the circuit court.
MARYLAND RULES
Md. Rule 7-104 (2012)
Rule 7-104. Notice of appeal -- Times for filing
(a) Generally. Except as otherwise provided in this Rule or by law, the notice of appeal shall be
filed within 30 days after entry of the judgment or order from which the appeal is taken.
Cross references. -- For shorter appeal times provided by statute, see Code, Real Property
Article, 8-332, 8-401, 8-402, 8-402.1, 8A-1701, 8A-1702, 8A-1703, 14-109, and 14-120.
(b) Criminal action -- Motion for new trial. In a criminal action, when a timely motion for a new
trial is filed pursuant to Rule 4-331 (a), the notice of appeal shall be filed within 30 days after the
later of (1) entry of the judgment or (2) entry of a notice withdrawing the motion or an order
denying the motion.
(c) Civil action -- Post judgment motions. In a civil action, when a timely motion is filed
pursuant to Rule 3-533 or Rule 3-534, the notice of appeal shall be filed within 30 days after
entry of (1) a notice withdrawing the motion or (2) an order denying a motion pursuant to Rule
3-533 or disposing of a motion pursuant to Rule 3-534. A notice of appeal filed before the
withdrawal or disposition of either of these motions does not deprive the District Court of
jurisdiction to dispose of the motion.
Committee note. -- A motion filed pursuant to Rule 3-535, if filed within ten days after entry of
judgment, will have the same effect as a motion filed pursuant to Rule 3-534, for purposes of this
Rule. Unnamed Attorney v. Attorney Grievance Commission, 303 Md. 473, 494 A.2d 940
(1985); Sieck v. Sieck, 66 Md. App. 37, 502 A.2d 528 (1986).
(d) Appeals by other party -- Within ten days. If one party files a timely notice of appeal, any
other party may file a notice of appeal within ten days after the date on which the first notice of
appeal was filed or within any longer time otherwise allowed by this Rule.
(e) Date of entry. "Entry" as used in this Rule occurs on the day when the District Court first
makes a record in writing of the judgment, notice or order on the file jacket, or on a docket
within the file, according to the practice of that court, and records the actual date of the entry.
MARYLAND RULES
Md. Rule 7-105 (2012)
Rule 7-105. Striking of notice of appeal by District Court
(a) Generally. On motion or on its own initiative, the District Court may strike a notice of
appeal (1) that has not been filed within the time prescribed by Rule 7-104, (2) if the clerk of the
District Court has prepared the record pursuant to Rule 7-109 and the appellant has failed to pay
for the record, (3) if the appellant has failed to deposit with the clerk of the District Court the
transcript costs or filing fee required by Rule 7-103 (c), or (4) if by reason of any other neglect
on the part of the appellant the record has not been transmitted to the circuit court within the time
prescribed in Rule 7-108.
(b) Notice. Before the District Court strikes a notice of appeal on its own initiative, the clerk of
that court shall serve on all parties pursuant to Rule 1-321 a notice that an order striking the
notice of appeal will be entered unless a response is filed within 15 days after service showing
good cause why the notice of appeal should not be stricken.
MARYLAND RULES
Md. Rule 7-106 (2012)
Rule 7-106. Parties -- Joinder and substitution
(a) Joinder not required. An appeal may be filed with or without the assent or joinder of
coplaintiffs, codefendants, or other parties.
(b) Substitution. The proper person may be substituted for a party on appeal in accordance with
Rule 2-241.
MARYLAND RULES
Md. Rule 7-107 (2012)
Rule 7-107. Appearance of counsel
(a) Continuance of appearance from lower court.
(1) In civil actions. In civil actions, the appearance of an attorney entered in the District Court
shall be entered by the clerk in the circuit court unless the attorney's appearance has been
stricken in the District Court pursuant to Rule 3-132.
(2) In criminal actions. In criminal actions, an attorney who intends to represent a defendant on
appeal in the circuit court after appearing in the District Court must re-enter an appearance in the
circuit court. The appearance of an attorney entered in the circuit court is automatically
terminated upon the entry of an appearance by the Public Defender or an attorney designated by
the Public Defender, unless the circuit court orders otherwise.
Cross references. -- Rule 4-214 (a).
(b) New appearance. An attorney newly appearing on appeal may enter an appearance by filing a
written request (1) in the circuit court if the record on appeal has already been filed in that court,
or (2) in the District Court in all other cases.
(c) Striking appearance. The appearance of an attorney in the circuit court may be stricken
pursuant to Rules 2-132 or 4-214.
MARYLAND RULES
Md. Rule 7-108 (2012)
Rule 7-108. Record -- Time for transmitting
(a) Generally. Unless a different time is fixed by order entered pursuant to section (c) of this
Rule, the clerk of the District Court shall transmit the record to the circuit court within sixty days
after the date the first notice of appeal is filed.
(b) When record is transmitted. For purposes of this Rule, the record is transmitted when it is
delivered to the clerk of the circuit court or when it is sent by certified mail by the clerk of the
District Court, addressed to the clerk of the circuit court.
(c) Shortening or extending the time. On motion or on its own initiative, the District Court or the
circuit court may shorten or extend the time for transmittal of the record. If the motion is filed
after the prescribed time for transmitting the record has expired, the court will not extend the
time unless it finds that the inability to transmit the record was caused by the act or omission of a
judge, a clerk of court, the court reporter, or a person other than the moving party.
HISTORY: (Amended Dec. 16, 1999, effective Jan. 1, 2000; amended Sept. 10, 2009, effective
Oct. 1, 2009.)
MARYLAND RULES
Md. Rule 7-109 (2012)
Rule 7-109. Record -- Contents and form
(a) Contents of record. The record on appeal shall include (1) a certified copy of the docket
entries in the District Court, (2) a transcript, if required by Rule 7-113, and (3) all original papers
filed in the action in the District Court except a supersedeas bond or alternative security and
those other items that the parties stipulate may be omitted. The clerk of the District Court shall
append a certificate clearly identifying the papers included in the record. The District Court may
order that the original papers in the action be kept in the District Court pending the appeal, in
which case the clerk of the District Court shall transmit only a certified copy of the original
papers.
(b) Statement of case in lieu of entire record. If the parties agree that the questions presented by
an appeal can be determined without an examination of the entire record or a trial de novo, as the
case may be, they may sign and, upon approval by the District Court, file with the clerk of the
District Court a statement showing how the questions arose and were decided, and setting forth
only those facts or allegations that are essential to a decision of the questions. The parties are
strongly encouraged to agree to such a statement. The statement, the judgment from which the
appeal is taken, and any opinion of the District Court shall constitute the record on appeal. The
circuit court may, however, direct the District Court clerk to transmit all or part of the balance of
the record in the District Court as a supplement to the record on appeal.
(c) Duties of District Court clerk. The clerk shall prepare and attach to the beginning of the
record a certified copy of the docket entries in the District Court. The original papers shall be
fastened together in one or more file jackets and numbered consecutively, except that the pages
of a transcript of testimony need not be renumbered. The clerk shall also prepare and transmit
with the record a statement of the costs of preparing and certifying the record, the costs taxed
against each party prior to the transmission of the record, and the costs of all transcripts and of
copies, if any, of the transcripts for each of the parties. The clerk shall serve a copy of the docket
entries on each party.
(d) Correction of record. On motion or on its own initiative, the circuit court may order that an
error or omission in the record be corrected.
(e) Return of record to District Court pending appeal. Upon a determination that the record needs
to be returned to the District Court because of a proceeding pending in that court, the circuit
court may order that the record be so returned, subject to the conditions stated in the order.
MARYLAND RULES
Md. Rule 7-110 (2012)
Rule 7-110. Docketing of appeals
(a) Generally. Each circuit court shall maintain a docket for appeals from the District Court.
(b) Separate appeals on same record. All appeals on the same record, whether in the same action
or in two or more actions consolidated in the District Court, shall be docketed as one action on
appeal.
MARYLAND RULES
Md. Rule 7-111 (2012)
Rule 7-111. Stay of enforcement of judgment; bond
The procedures set forth in Rules 8-422, 8-423, and 8-424 apply to appeals from the District
Court. References in those rules to the Court of Special Appeals shall be regarded as references
to the circuit court having jurisdiction of the appeal.
MARYLAND RULES
Md. Rule 7-112 (2012)
Rule 7-112. Appeals heard de novo
(a) Scope. This Rule applies only to appeals heard de novo in the circuit court.
(b) District Court judgment. The District Court judgment shall remain in effect pending the
appeal unless and until superseded by a judgment of the circuit court or, in a criminal action, a
disposition by nolle prosequi or stet entered in the circuit court.
(c) Modification of peace orders pending appeal. In an appeal from the grant or denial of a peace
order, the circuit court, on its own initiative or on motion of any party, may modify, stay, or issue
a peace order for good cause shown pending the determination of the appeal.
Cross references. -- Grounds for the issuance of a peace order are set forth in Title 3, Subtitle 15
of Code, Courts Article.
(d) Procedure in circuit court.
(1) The form and sufficiency of pleadings in an appeal to be heard de novo are governed by the
rules applicable in the District Court. A charging document may be amended pursuant to Rule 4-
204.
(2) If the action in the District Court was tried under Rule 3-701, there shall be no pretrial
discovery under Chapter 400 of Title 2, the circuit court shall conduct the trial de novo in an
informal manner, and Title 5 of these rules does not apply to the proceedings.
(3) Except as otherwise provided in this section, the appeal shall proceed in accordance with the
rules governing cases instituted in the circuit court.
Cross references. -- See Rule 2-327 concerning the waiver of a jury trial on appeal from certain
judgments entered in the District Court in civil actions.
(e) Circuit court judgment. Upon the entry of the judgment of the circuit court, the clerk of the
circuit court shall send notice of the superseding judgment to the clerk of the District Court, who
shall enter the notice on the docket.
(f) Dismissal of appeal; entry of judgment.
(1) An appellant may dismiss an appeal at any time before the commencement of trial. The court
shall dismiss an appeal if the appellant fails to appear as required for trial or any other
proceeding on the appeal.
(2) Upon the dismissal of an appeal, the clerk shall promptly return the file to the District Court.
Any statement of satisfaction shall be docketed in the District Court.
(3) On motion filed in the circuit court within 30 days after entry of a judgment dismissing an
appeal, the circuit court, for good cause shown, may reinstate the appeal upon the terms it finds
proper. On motion of any party filed more than 30 days after entry of a judgment dismissing an
appeal, the court may reinstate the appeal only upon a finding of fraud, mistake, or irregularity. If
the appeal is reinstated, the circuit court shall notify the District Court of the reinstatement and
request the District Court to return the file.
(4) If the appeal of a defendant in a criminal case who was sentenced to a term of confinement
and released pending appeal pursuant to Rule 4-349 is dismissed, the circuit court shall (A) issue
a warrant directing that the defendant be taken into custody and brought before a judge or
commissioner of the District Court or (B) enter an order that requires the defendant to appear
before a judge or commissioner. The warrant or order shall identify the District Court case by
name and number and shall provide that the purpose of the appearance is the entry of a
commitment that conforms to the judgment of the District Court.
HISTORY: (Amended Dec. 15, 1993, effective July 1, 1994; Dec. 10, 1996, effective July 1,
1997; Mar. 5, 2001, effective July 1, 2001; Nov. 12, 2003, effective Jan. 1, 2004; May 8, 2007,
effective July 1, 2007)
MARYLAND RULES
Md. Rule 7-113 (2012)
Rule 7-113. Appeals heard on the record

(a) Scope. This Rule applies only to appeals heard on the record of the District Court.
(b) Filing of transcript.
(1) Unless a copy of the transcript is already on file, the appellant, within 10 days after the date
the first notice of appeal is filed, shall order in writing from the clerk of the District Court a
transcript containing:
(A) a transcription of (i) all the testimony or (ii) that part of the testimony that the parties agree,
by written stipulation filed with the clerk of the District Court, is necessary for the appeal; and
(B) a transcription of any other proceeding relevant to the appeal that was recorded pursuant to
Rule 16-504.
(2) The clerk of the District Court shall cause the original transcript to be filed promptly for
inclusion in the record, and shall advise the appellant when the transcript has been filed. The
appellant shall promptly serve a copy on the appellee.
(c) Notice by clerk. Upon the filing of the record, the clerk of the circuit court shall enter the
appeal on the docket and shall send to the parties a notice stating the date the appeal was entered
on the docket and the assigned docket reference. The notice shall also advise the appellant that a
memorandum complying with Rule 7-113 must be filed within 30 days after the date the appeal
was entered on the docket.
(d) Memorandum and response.
(1) The appellant shall file a memorandum in opposition to the decision of the District Court
within 30 days after the date the appeal was entered on the docket or as otherwise ordered by the
court. The appellee may file a response within 15 days after service of the appellant's
memorandum, but in no event later than five days before the date of argument, if argument has
been scheduled.
(2) In addition to otherwise complying with Rule 1-301, a memorandum or response shall be
typewritten or printed, shall be double spaced, and shall not exceed ten pages in length. The
appellant's memorandum shall contain (A) a statement of the questions presented for review, (B)
a concise statement of the facts material to a determination of the questions presented, and (C)
argument in support of the appellant's position, stating the grounds for the relief sought and the
authorities in support of each ground. The appellee's response shall contain argument in support
of the decision of the District Court, stating the grounds for affirmance and the authorities in
support of each ground.
(3) If an appellant fails to file a memorandum within the time prescribed by this Rule, the circuit
court may dismiss the appeal if it finds that the failure to file or the late filing caused prejudice to
the moving party. An appellee who fails to file a memorandum within the time prescribed by this
Rule may not present argument except with the permission of the court.
(e) Oral argument. A party desiring oral argument shall request it in the memorandum or
response under the heading "Request for Oral Argument". Unless oral argument is requested by a
party or ordered by the circuit court, the appeal shall be decided without oral argument.
(f) Scope of review. The circuit court will review the case on both the law and the evidence. It
will not set aside the judgment of the District Court on the evidence unless clearly erroneous, and
will give due regard to the opportunity of the District Court to judge the credibility of the
witnesses.
(g) Disposition.
(1) As to each party to an appeal, the circuit court shall by order dispose of an appeal in one of
the following ways:
(A) dismiss the appeal pursuant to Rule 7-114;
(B) affirm the judgment;
(C) vacate or reverse the judgment;
(D) modify the judgment;
(E) remand the action in accordance with subsection (2) of this section; or
(F) an appropriate combination of the above.
(2) If the circuit court concludes that the substantial merits of a case will not be determined by
affirming, reversing, or modifying the judgment, or that justice will be served by permitting
further proceedings, the court may remand the case to the District Court. In the order remanding
a case, the circuit court shall state the purpose for the remand. The order of remand and the
opinion upon which the order is based are conclusive as to the points decided. Upon remand, the
District Court shall conduct any further proceedings necessary to determine the action in
accordance with the opinion and order of the circuit court.
(h) Opinion. In every appeal, the circuit court shall render a concise opinion, which shall be
reduced to writing and filed with the clerk.

MARYLAND RULES
Md. Rule 7-114 (2012)

Rule 7-114. Dismissal of appeal
On motion or on its own initiative, the circuit court may dismiss an appeal for any of the
following reasons:
(a) the appeal is not allowed by law;
(b) the appeal was not properly taken pursuant to Rule 7-103;
(c) the notice of appeal was not filed with the District Court within the time prescribed by Rule
7-104;
(d) the record was not transmitted within the time prescribed by Rule 7-108, unless the court
finds that the failure to transmit the record was caused by the act or omission of a judge, a clerk
of court, a court reporter, or the appellee;
(e) an appeal to be heard de novo has been withdrawn pursuant to Rule 7-112; or
(f) the case has become moot.
MARYLAND RULES
Md. Rule 7-115 (2012)
Rule 7-115. Return of record to District Court
Upon entry of the circuit court's order under Rule 7-113 (g), or upon any other termination of
an appeal that was not heard de novo in the circuit court, the clerk of the circuit court shall
transmit a copy of the order to the District Court. Any order of satisfaction shall be docketed in
the District Court. Unless the circuit court orders otherwise, the original papers included in the
record shall be transmitted with the copy of the order.
MARYLAND RULES
Md. Rule 7-116 (2012)

Rule 7-116. Assessment of costs
(a) Allowance and allocation. In all cases decided on the record of the District Court, the
prevailing party is entitled to costs unless the circuit court orders otherwise. The circuit court, by
order, may allocate costs among the parties.
(b) State.
(1) Generally. Except as provided in subsection (2) of this section, costs shall be allowed to or
assessed against the State or any official, agency, or political subdivision of the State that is a
party in the same manner as costs are allowed to or assessed against a private litigant.
(2) Criminal appeals. In a criminal appeal, fees and costs may not be assessed against the
political subdivision of the State in which the case originated. In a criminal appeal decided
against the State, fees and costs may not be assessed against the defendant.
MARYLAND RULES
CHAPTER 200. JUDICIAL REVIEW OF ADMINISTRATIVE AGENCY DECISIONS
Md. Rule 7-201 (2012)
Rule 7-201. General provisions
(a) Applicability. The rules in this Chapter govern actions for judicial review of (1) an order or
action of an administrative agency, where judicial review is authorized by statute, and (2) a final
determination of the trustees of the Client Protection Fund of the Bar of Maryland.
(b) Definition. As used in this Chapter, "administrative agency" means any agency, board,
department, district, commission, authority, commissioner, official, the Maryland Tax Court, or
other unit of the State or of a political subdivision of the State and the Client Protection Fund of
the Bar of Maryland.
HISTORY: (Amended Nov. 6, 2002.)
MARYLAND RULES
Md. Rule 7-202 (2012)
Rule 7-202. Method of securing review

(a) By petition. A person seeking judicial review under this chapter shall file a petition for
judicial review in a circuit court authorized to provide the review.
(b) Caption. The Petition shall be captioned as follows:
IN THE CIRCUIT COURT FOR
PETITION OF
*
[name and address]

*
FOR JUDICIAL REVIEW OF THE DECISION OF THE

*
CIVIL
* ACTION
* No.
[name and address of administrative agency

*
that made the decision]

*
IN THE CASE OF
*
[caption of agency proceeding,

*
including agency case number]
*
(c) Contents of petition. The petition shall request judicial review, identify the order or action of
which review is sought, and state whether the petitioner was a party to the agency proceeding. If
the petitioner was not a party, the petition shall state the basis of the petitioner's standing to seek
judicial review. No other allegations are necessary. If judicial review of a decision of the
Workers' Compensation Commission is sought, the petitioner shall attach to the petition a
certificate that copies of the petition were served pursuant to subsection (d) (2) of this Rule.
Committee note. -- The petition is in the nature of a notice of appeal. The grounds for judicial
review, required by former Rule B2 e to be stated in the petition, are now to be set forth in the
memorandum filed pursuant to Rule 7-207.
(d) Copies; filing; mailing.
(1) Notice to agency. Upon filing the petition, the petitioner shall deliver to the clerk a copy of
the petition for the agency whose decision is sought to be reviewed. The clerk shall promptly
mail a copy of the petition to the agency, informing the agency of the date the petition was filed
and the civil action number assigned to the action for judicial review.
(2) Service by petitioner in workers' compensation cases. Upon filing a petition for judicial
review of a decision of the Workers' Compensation Commission, the petitioner shall serve a
copy of the petition by first class mail on the Commission and each other party of record in the
proceeding before the Commission.
Committee note. -- This subsection is required by Code, Labor and Employment Article, 9-
737. It does not relieve the clerk from the obligation under subsection (d) (1) of this Rule to mail
a copy of the petition to the agency or the agency from the obligation under subsection (d) (3) of
this Rule to give written notice to all parties to the agency proceeding.
(3) By agency to parties. Unless otherwise ordered by the court, the agency, upon receiving the
copy of the petition from the clerk, shall give written notice promptly by ordinary mail to all
parties to the agency proceeding that:
(A) a petition for judicial review has been filed, the date of the filing, the name of the court, and
the civil action number; and
(B) a party wishing to oppose the petition must file a response within 30 days after the date the
agency's notice was mailed unless the court shortens or extends the time.
(e) Certificate of compliance. Within five days after mailing, the agency shall file with the clerk
a certificate of compliance with section (d) of this Rule, showing the date the agency's notice was
mailed and the names and addresses of the persons to whom it was mailed. Failure to file the
certificate of compliance does not affect the validity of the agency's notice.
HISTORY: (Amended Nov. 21, 1995, effective Dec. 1, 1995; Dec. 16, 1999, effective Jan. 1,
2000.)
MARYLAND RULES
Md. Rule 7-203 (2012)
Rule 7-203. Time for filing action
(a) Generally. Except as otherwise provided in this Rule or by statute, a petition for judicial
review shall be filed within 30 days after the latest of:
(1) the date of the order or action of which review is sought;
(2) the date the administrative agency sent notice of the order or action to the petitioner, if notice
was required by law to be sent to the petitioner; or
Cross references. -- See Code, Labor and Employment Article, 9-726 governing judicial review
of a decision of the Workers' Compensation Commission in a case in which a rehearing request
has been filed.
(3) the date the petitioner received notice of the agency's order or action, if notice was required
by law to be received by the petitioner.
(b) Petition by other party. If one party files a timely petition, any other person may file a
petition within ten days after the date the agency mailed notice of the filing of the first petition,
or within the period set forth in section (a), whichever is later.
MARYLAND RULES
Md. Rule 7-204 (2012)
Rule 7-204. Response to petition
(a) Who may file; contents. Any person, including the agency, who is entitled by law to be a
party and who wishes to participate as a party shall file a response to the petition. The response
shall state the intent to participate in the action for judicial review. No other allegations are
necessary.
(b) Preliminary motion. A person may file with the response a preliminary motion addressed to
standing, venue, timeliness of filing, or any other matter that would defeat a petitioner's right to
judicial review. Except for venue, failure to file a preliminary motion does not constitute waiver
of an issue. A preliminary motion shall be served upon the petitioner and the agency.
Committee note. -- The filing of a preliminary motion does not result in an automatic extension
of the time to transmit the record. The agency or party seeking the extension must file a motion
under Rule 7-206 (d).
(c) Time for filing response; service. A response shall be filed within 30 days after the date the
agency mails notice of the filing of the petition unless the court shortens or extends the time. The
response need be served only on the petitioner, and shall be served in the manner prescribed by
Rule 1-321.
MARYLAND RULES
Md. Rule 7-205 (2012)
Rule 7-205. Stays
The filing of a petition does not stay the order or action of the administrative agency. Upon
motion and after hearing, the court may grant a stay, unless prohibited by law, upon the
conditions as to bond or otherwise that the court considers proper.
MARYLAND RULES
Md. Rule 7-206 (2012)
Rule 7-206. Record
(a) Contents; expense of transcript. The record shall include the transcript of testimony and all
exhibits and other papers filed in the agency proceeding, except those papers the parties agree or
the court directs may be omitted by written stipulation or order included in the record. If the
testimony has been recorded but not transcribed before the filing of the petition for judicial
review, the first petitioner, if required by the agency and unless otherwise ordered by the court or
provided by law, shall pay the expense of transcription, which shall be taxed as costs and may be
apportioned as provided in Rule 2-603. A petitioner who pays the cost of transcription shall file
with the agency a certification of costs, and the agency shall include the certification in the
record.
(b) Statement in lieu of record. If the parties agree that the questions presented by the action for
judicial review can be determined without an examination of the entire record, they may sign
and, upon approval by the agency, file a statement showing how the questions arose and were
decided and setting forth only those facts or allegations that are essential to a decision of the
questions. The parties are strongly encouraged to agree to such a statement. The statement, any
exhibits to it, the agency's order of which review is sought, and any opinion of the agency shall
constitute the record in the action for judicial review.
(c) Time for transmitting. Except as otherwise provided by this Rule, the agency shall transmit to
the clerk of the circuit court the original or a certified copy of the record of its proceedings
within 60 days after the agency receives the first petition for judicial review.
(d) Shortening or extending the time. Upon motion by the agency or any party, the court may
shorten or extend the time for transmittal of the record. The court may extend the time for no
more than an additional 60 days. The action shall be dismissed if the record has not been
transmitted within the time prescribed unless the court finds that the inability to transmit the
record was caused by the act or omission of the agency, a stenographer, or a person other than
the moving party.
(e) Duty of clerk. Upon the filing of the record, the clerk shall notify the parties of the date that
the record was filed.
MARYLAND RULES
Md. Rule 7-207 (2012)
Rule 7-207. Memoranda
(a) Generally. Within 30 days after the clerk sends notice of the filing of the record, a petitioner
shall file a memorandum setting forth a concise statement of the questions presented for review,
a statement of facts material to those questions, and argument on each question, including
citations of authority and references to pages of the record and exhibits relied on. Within 30 days
after service of the memorandum, any person who has filed a response, including the agency
when entitled by law to be a party to the action, may file an answering memorandum in similar
form. The petitioner may file a reply memorandum within 15 days after service of an answering
memorandum. Except with the permission of the court, a memorandum shall not exceed 35
pages. In an action involving more than one petitioner or responding party, any petitioner or
responding party may adopt by reference any part of the memorandum of another.
(b) When not required. Memoranda are not required in an action for judicial review of a decision
of the Workers' Compensation Commission where the review is de novo.
Committee note. -- Memoranda are required in an action for judicial review of the amount of an
attorney's fee in a Worker's Compensation case, because the review is on the record of the
Worker's Compensation Commission. See Mitchell v. Goodyear Service Store, 306 Md. 27
(1986).
(c) Modification of time requirements. The time for filing a memorandum may be shortened or
extended by (1) stipulation of the parties filed with the clerk so long as the first memorandum
and any answering memorandum are filed at least 30 days, and any reply memorandum is filed at
least ten days, before the scheduled hearing, or (2) order of the court entered pursuant to Rule 1-
204.
(d) Sanctions for late filing of memoranda. If a petitioner fails to file a memorandum within the
time prescribed by this Rule, the court may dismiss the action if it finds that the failure to file or
the late filing caused prejudice to the moving party. A person who has filed a response but who
fails to file an answering memorandum within the time prescribed by this Rule may not present
argument except with the permission of the court.
MARYLAND RULES
Md. Rule 7-208 (2012)
Rule 7-208. Hearing
(a) Generally. Unless a hearing is waived in writing by the parties, the court shall hold a
hearing.
(b) Scheduling. Upon the filing of the record pursuant to Rule 7-206, a date shall be set for the
hearing on the merits. Unless otherwise ordered by the court or required by law, the hearing shall
be no earlier than 90 days from the date the record was filed.
(c) Hearing Conducted by Video Conferencing or Other Electronic Means.
(1) Generally. Except as provided in subsection (c)(2) of this Rule, the court, on motion or on its
own initiative, may allow one or more parties or attorneys to participate in a hearing by video
conferencing or other electronic means. In determining whether to proceed under this section, the
court shall consider:
(A) the availability of equipment at the court facility and at the relevant remote location
necessary to permit the parties to participate meaningfully and to make an accurate and complete
record of the proceeding;
(B) whether, in light of the issues before the court, the physical presence of a party or counsel is
particularly important;
(C) whether the physical presence of a party is not possible or may be accomplished only at
significant cost or inconvenience;
(D) whether the physical presence of fewer than all parties or counsel would make the
proceeding unfair; and
(E) any other factors the court finds relevant.
(2) Exceptions and Conditions.
(A) The court may not allow participation in the hearing by video conferencing or other
electronic means if (i) additional evidence will be taken at the hearing and the parties do not
agree to video conferencing or other electronic means, or (ii) such a procedure is prohibited by
law.
(B) The court may not allow participation in the hearing by video conferencing or other
electronic means on its own initiative unless it has given notice to the parties of its intention to
do so and has afforded them a reasonable opportunity to object. An objection shall state specific
grounds, and the court may rule on the objection without a hearing.
(d) Additional Evidence. Additional evidence in support of or against the agency's decision is not
allowed unless permitted by law.
HISTORY: (Amended Nov. 8, 2005, effective January 1, 2006; amended September 8, 2011,
MARYLAND RULES
Md. Rule 7-209 (2012)
Rule 7-209. Disposition
Unless otherwise provided by law, the court may dismiss the action for judicial review or may
affirm, reverse, or modify the agency's order or action, remand the action to the agency for
further proceedings, or an appropriate combination of the above.
MARYLAND RULES
Md. Rule 7-210 (2012)
Rule 7-210. Return of agency record
After the time for seeking appellate review has expired, if no appellate review has been
sought, the clerk shall return the record of the agency proceeding to the agency. If appellate
review has been sought, the clerk, unless otherwise ordered by the appellate court, shall return
the record of the agency proceedings to the agency upon the conclusion of the appellate review.
MARYLAND RULES
Md. Rule 7-211 (2012)
Rule 7-211. Request for impleader of the subsequent injury fund
(a) Generally. If a party files a request for impleader of the Subsequent Injury Fund more than
60 days before trial, the court shall grant the request. If a party files a request for impleader
within the 60-day period before trial, the court shall determine whether there is good cause to
grant the request.
(b) Order granting request for impleader. If the court grants a request for impleader, the court
shall suspend further proceedings and remand the case to the Workers' Compensation
Commission.
(c) Information to be provided to the subsequent injury fund. Within 10 days after the date of an
order granting a request for impleader, the impleading party shall provide to the Subsequent
Injury Fund and all other parties:
(1) a copy of the original claim, any amendments, each issue previously filed, and any award or
order entered by the Commission on the claim;
(2) identification, by claim number if available, of prior awards or settlements to the claimant
for permanent disability made or approved by the Commission, by a comparable commission of
another state as defined in Code, Labor and Employment Article, 1-101;
(3) all relevant medical evidence relied on to implead the Subsequent Injury Fund; and
(4) a certification that a copy of the request for impleader and all required information and
documents have been mailed to the Subsequent Injury Fund and all other parties.
MARYLAND RULES
CHAPTER 300. CERTIORARI
Md. Rule 7-301 (2012)
Rule 7-301. Certiorari in the circuit court
(a) Applicability; definitions. This Rule governs applications in the circuit court for a writ of
certiorari. As used in this Rule, "respondent" means the District Court or the Orphans' Court
whose acts are sought to be reviewed. As used in this Rule, "party" means any party to a
proceeding in the District Court or Orphans' Court other than the petitioner or petitioners in the
circuit court.
(b) Petition. An application for a writ of certiorari shall be by petition filed in the circuit court for
the county where the acts sought to be reviewed take, have taken, or would take effect. The
petition shall name as respondent the court whose acts are sought to be reviewed and the names
and addresses of all known parties in the proceeding with respect to which the review by the
circuit court is sought. The petition shall be under oath and shall state (1) the name of the
respondent, (2) the matter sought to be reviewed, ( (3) the interest of the petitioner in the matter,
and (4) the facts relied on to show that the respondent lacked jurisdiction or committed
unconstitutional acts reviewable by writ of certiorari.
(c) Action on petition; bond. Upon the filing of a petition, the court shall (1) issue an order
requiring the respondent to file a response by a specified date showing cause why the writ should
not issue, (2) issue a writ of certiorari to the respondent, requiring the production by a specified
date of all records of the respondent in the matter by a date stated in the writ, or (3) dismiss the
petition if the court determines from the petition that it lacks jurisdiction. Before issuing a writ of
certiorari, the court may require the petitioner to file a bond conditioned on the payment to any
person of any damages sustained because of the issuance of the writ if the court ultimately
determines that the writ should not have issued.
Cross references. -- Title 1, Chapter 400.
(d) Service and notice. Upon filing the petition, the petitioner shall deliver to the clerk one
additional copy of the petition for the respondent and one additional copy for each party. The
petitioner also shall notify the other parties in conformity with Rule 1-351 (b). The clerk shall
promptly mail a copy of the petition to the clerk of the respondent and to each party, together
with a notice stating:
(1) the date the petition was filed;

(2) the name of the court in which the petition was filed;
(3) the civil action number assigned to the petition; and
(4) that if the respondent or a party opposes the petition, the respondent or party shall file a
response within 30 days after the date the notice was mailed or, if the court has shortened or
extended the time for filing a response, within such other time stated in the notice. The clerk also
shall mail a copy of the notice to each petitioner.
(e) Hearing.
(1) If no response is filed. If no response to the petition is filed within the time allowed, the court
may issue the writ without a hearing.
(2) If a response is filed. If the respondent or a party files a response to the petition, the court
shall hold a hearing to determine its own jurisdiction and whether to issue the writ.
(3) When writ issued. Upon the return of the writ and the production by the respondent of its
records, the court shall first determine whether it has jurisdiction and, if so, shall review the
jurisdiction and constitutionality of the acts of the respondent.
(f) Motion to intervene. Any person whose interest may be affected adversely by the certiorari
proceeding may move to intervene pursuant to Rule 2-214.
MARYLAND RULES
CHAPTER 400. ADMINISTRATIVE MANDAMUS
Md. Rule 7-401 (2012)
Rule 7-401. General provisions
(a) Applicability. The rules in this Chapter govern actions for judicial review of a quasi-judicial
order or action of an administrative agency where review is not expressly authorized by law.
Committee note. -- A writ of mandamus is an appropriate remedy for review of a quasi-judicial

order or action of an administrative agency only when no other right of appeal is provided by
state or local law. See Heaps v. Cobb, 185 Md. 372 (1945). Ordinarily, administrative finality is
required, but see Prince George's County v. Blumberg, 288 Md, 275 (1980) and Holiday Spas v.
Montgomery County, 315 Md. 390 (1989).
Cross references. -- For judicial review of an order or action of an administrative agency where
judicial review is authorized by statute, see Title 7, Chapter 200 of these Rules.
(b) Definition. As used in this Chapter, "administrative agency" means any agency, board,
department, district, commission, authority, Commissioner, official, or other unit of the State or
of a political subdivision of the State.
MARYLAND RULES
Md. Rule 7-402 (2012)
Rule 7-402. Procedures
(a) Complaint and response. An action for a writ of administrative mandamus is commenced
by the filing of a complaint, the form, contents, and timing of which shall comply with Rules 7-
202 and 7-203. A response to the filing of the complaint shall comply with the provisions of Rule
7-204.
(b) Stay. The filing of the complaint does not stay the order or action of the administrative
agency. The court may grant a stay in accordance with the provisions of Rule 7-205.
(c) Discovery. The court may permit discovery, in accordance with the provisions of Title 2,
Chapter 400, that the court finds to be appropriate, but only in cases where the party challenging
the agency action makes a strong showing of the existence of fraud or extreme circumstances
that occurred outside the scope of the administrative record, and a remand to the agency is not a
viable alternative.
(d) Record. If a record exists, the record shall be filed in accordance with the provisions of Rule
7-206. If no record exists, the agency shall provide (1) a verified response that fully sets forth the
grounds for its decision and (2) any written materials supporting the decision. The court may
remand the matter to the agency for further supplementation of materials supporting the decision.
(e) Memoranda. Memoranda shall be filed in accordance with the provisions of Rule 7-207.
(f) Hearing. The court may hold a hearing. If a hearing is held, additional evidence in support of
or against the agency's decision is not allowed unless permitted by law.

MARYLAND RULES
Md. Rule 7-403 (2012)
The court may issue an order denying the writ of mandamus, or may issue the writ (1)
remanding the case for further proceedings, or (2) reversing or modifying the decision if any
substantial right of the plaintiff may have been prejudiced because a finding, conclusion, or
decision of the agency:
(A) is unconstitutional,
(B) exceeds the statutory authority or jurisdiction of the agency,
(C) results from an unlawful procedure,
(D) is affected by any error of law,
(E) is unsupported by competent, material, and substantial evidence in light of the entire record
as submitted,
(F) is arbitrary or capricious, or
(G) is an abuse of its discretion.

MARYLAND RULES
CHAPTER 500. APPEALS FROM THE ORPHANS' COURT
Md. Rule 7-501 (2012)
The rules in this Chapter govern appeals to a circuit court from a judgment or order of an
orphans' court.

MARYLAND RULES
Md. Rule 7-502 (2012)

Rule 7-502. Securing appellate review
(a) By notice of appeal. Appellate review in the circuit court may be obtained only if a notice
of appeal is filed with the Register of Wills within the time prescribed in Rule 7-503.
(b) Caption of notice of appeal. A notice of appeal shall be captioned in the following form:
IN RE ESTATE OF
(Name of decedent, Orphans' Court case number)
APPEAL OF
(Name and Address)
(c) Joinder not required. An appeal may be filed with or without the assent or joinder of other
persons.
(d) Substitution. The proper person may be substituted for a party on appeal in accordance with
Rule 2-241.
(e) Stay of proceedings. Stay of Orphans' Court proceedings in the event of appeal is governed
by Code, Courts Article, 12-701 (a).

MARYLAND RULES
Md. Rule 7-503 (2012)
filed within 30 days after entry pursuant to Rule 6-171 of the judgment or order from which the
appeal is taken.
(b) Appeals by other party. If one party files a timely notice of appeal, any other party may file a
notice of appeal within 10 days after the date on which the first notice of appeal was served or
within 30 days after entry of the judgment or order from which the appeal is taken, whichever is
later.
MARYLAND RULES
Md. Rule 7-504 (2012)
Rule 7-504. Mode of appeal
An appeal from an orphans' court to a circuit court shall proceed in accordance with the Rules
governing cases instituted in the circuit court. The form and sufficiency of pleadings in the
record on appeal are governed by the rules applicable in the Orphans' Court.
MARYLAND RULES
Md. Rule 7-505 (2012)
Rule 7-505. Record
(a) Contents of record. The record on appeal shall include a certified copy of the docket entries
in the estate proceeding and all original papers filed in the action in the Orphans' Court except
those that the parties stipulate may be omitted. A party may supplement the record by paying for
and filing a transcript. The Register of Wills shall append a certificate clearly identifying the
papers included in the record. The Orphans' Court may order that the original papers in the action
be kept in the Orphans' Court pending the appeal, in which case the Register of Wills shall
transmit a certified copy of the original papers.
(b) Agreed statement of the case. If the parties agree that the questions presented by an appeal
can be determined without a trial, they may sign and, upon approval by the Orphans' Court, file
with the Register of Wills a statement of the case showing how the questions arose and were
decided, and setting forth only those facts or allegations that are essential to a decision of the
questions. The parties are strongly encouraged to agree to such a statement. The statement of the
case, the judgment or order from which the appeal is taken, and any opinion of the Orphans'
Court shall constitute the record on appeal. The circuit court, however, may direct the Register to
transmit all or part of the balance of the record in the Orphans' Court as a supplement to the
record on appeal.
(c) Cost of preparation. The appellant shall pay to the Register the cost of preparation of the
record.
(d) Filing fee. The appellant shall deposit with the Register of Wills the fee prescribed by Code,
Courts Article, 7-202 unless the fee has been waived by an order of court or unless the
appellant is represented by (1) an attorney assigned by Legal Aid Bureau, Inc. or (2) an attorney
assigned by any other legal services organization that accepts as clients only those persons
meeting the financial eligibility criteria established by the Federal Legal Services Corporation or
other appropriate governmental agency. The filing fee shall be in the form of cash or check or
money order payable to the clerk of the circuit court.
(e) Transmittal of record. Unless a different time is fixed by order entered pursuant to this
section, the Register of Wills shall transmit the record to the circuit court within 60 days after the
date the first notice of appeal is filed. The filing fee shall be forwarded with the record to the
clerk of the circuit court. For purposes of this Rule, the record is transmitted when it is delivered
to the clerk of the circuit court or when it is sent by certified mail by the Register of Wills,
addressed to the clerk of the circuit court. On motion or on its own initiative, the Orphans' Court
or the circuit court for good cause show may shorten or extend the time for transmittal of the
record.
(f) Duties of register of wills.
(1) Preparation and service of docket entries. The Register of Wills shall prepare and attach to
the beginning of the record a certified copy of the docket entries in the estate proceeding. The
original papers shall be fastened together in one or more file jackets and numbered
consecutively, except that the pages of a transcript of testimony need not be renumbered. The
Register shall serve a copy of the docket entries on each party to the appeal.
(2) Statement of costs. The Register shall prepare and transmit with the record a statement of the
costs of preparing and certifying the record, the costs taxed against each party prior to the
transmission of the record, and the costs of all transcripts, if any, and of copies of the transcripts
for each of the parties.
(g) Correction or supplementation of record. On motion or on its own initiative, the circuit court
may order that an error or omission in the record be corrected.
(h) Return of record to orphans' court pending appeal. Upon a determination that the record
should be returned to the Orphans' Court because of a matter pending in that court, the circuit
court may order that the record be returned, subject to the conditions stated in the order.
MARYLAND RULES
Md. Rule 7-506 (2012)
Rule 7-506. Docketing and caption of appeals

Each circuit court shall maintain a docket for appeals from the Orphans' Court. The appeals
shall be docketed in the following form:
IN THE CIRCUIT COURT FOR * Civil
APPEAL OF * Action
(Name and Address)
IN RE ESTATE OF * No.
(Name of decedent, Orphans' Court case number)
MARYLAND RULES
Md. Rule 7-507 (2012)
Rule 7-507. Dismissal of Appeal
(a) Grounds. On motion or on its own initiative, the circuit court may dismiss an appeal for any
of the following reasons:
(1) the appeal is not allowed by law;
(2) the appeal was not properly taken pursuant to Rule 7-502;
(3) the notice of appeal was not filed with the Register of Wills within the time prescribed by
Rule 7-503;
(4) the record was not transmitted within the time prescribed by Rule 7-505, unless the court
finds that the failure to transmit the record was caused by the act or omission of a judge, a
Register of Wills, a clerk of court, or the appellee;
(5) the appeal has been withdrawn because the appellant filed a notice withdrawing the appeal or
failed to appear as required for trial or any other proceeding on the appeal; or
(6) the case has become moot.
(b) Return of Record to Orphans' Court. Upon entry of the circuit court's order dismissing the
appeal, the Clerk shall transmit a copy of the order to the Register of Wills. Any order of
satisfaction shall be docketed in the estate proceeding. Unless the circuit court orders otherwise,
the original papers included in the record shall be transmitted with the copy of the order.
(c) Reinstatement. If the appeal is reinstated, the circuit court shall notify the Register of Wills of
the reinstatement and the Register shall return the record.

MARYLAND RULES
Md. Rule 7-508 (2012)
Rule 7-508. Hearing
An appeal from an orphans' court to a circuit court shall be heard de novo, and Title 5 of these
Rules applies to the proceedings.

MARYLAND RULES
Md. Rule 7-509 (2012)
Rule 7-509. Notice of circuit court judgment
The clerk of the circuit court shall promptly send notice of the circuit court judgment to the
Register of Wills, who shall enter the notice on the docket.

MARYLAND RULES
Md. Rule 7-510 (2012)
(a) Allowance and allocation. The circuit court, by order, may allocate costs among the parties.
The prevailing party is entitled to costs unless the circuit court orders otherwise.
(b) State. Costs shall be allowed to or assessed against the State or any official, agency, or
political subdivision of the State that is a party in the same manner as costs are allowed to or
assessed against a private litigant.

MARYLAND RULES
TITLE 8. APPELLATE REVIEW IN THE COURT OF APPEALS AND COURT OF SPECIAL
APPEALS
Md. Rule 8-101 (2012)
The rules in this Title govern appellate procedure in the Court of Appeals and the Court of
Special Appeals.
MARYLAND RULES
APPEALS
Md. Rule 8-102 (2012)
Rule 8-102. Term of court
Each appellate court shall have one term annually, beginning on the second Monday in
September and continuing until the beginning of the next term.
MARYLAND RULES
APPEALS
Md. Rule 8-111 (2012)
Rule 8-111. Designation of parties; references
(a) Formal designation.
(1) No prior appellate decision. When no prior appellate decision has been rendered, the party
first appealing the decision of the trial court shall be designated the appellant and the adverse
party shall be designated the appellee. Unless the Court orders otherwise, the opposing parties to
a subsequently filed appeal shall be designated the cross-appellant and cross-appellee.
(2) Prior appellate decision. In an appeal to the Court of Appeals from a decision by the Court of
Special Appeals or by a circuit court exercising appellate jurisdiction, the party seeking review
of the most recent decision shall be designated the petitioner and the adverse party shall be
designated the respondent. Except as otherwise specifically provided or necessarily implied, the
term "appellant" as used in the rules in this Title shall include a petitioner and the term
"appellee" shall include a respondent.
Cross references. -- See Rule 8-305 for designation of parties in cases certified pursuant to the
Maryland Uniform Certification of Questions of Law Act.
(b) Alternative references. In the interest of clarity, the parties are encouraged to use the
designations used in the trial court, the actual names of the parties, or descriptive terms such as
"employer," "insured," "seller," "husband," and "wife" in papers filed with the Court and in oral
argument.
(c) Victims and victims' representatives. Although not a party to a criminal or juvenile
proceeding, a victim of a crime or a delinquent act or a victim's representative may: (1) file an
application for leave to appeal to the Court of Special Appeals from an interlocutory or a final
order under Code, Criminal Procedure Article, 11-103 and Rule 8-204; or (2) participate in the
same manner as a party regarding the rights of the victim or victim's representative.
HISTORY: (Amended Dec. 4, 2007, effective Jan. 1, 2008; amended Sept. 10, 2009, effective
Oct. 1, 2009.)
MARYLAND RULES
APPEALS
Md. Rule 8-112 (2012)
(a) In general. A brief, table of contents of a record extract, petition for a writ of certiorari,
motion, or other paper filed shall be typewritten or printed and shall comply with this Rule.
(b) Typewritten papers -- Uniformly spaced type.
(1) Type size. Uniformly spaced type (such as produced by typewriters) in the text and footnotes
shall not be smaller than 11 point and shall not exceed 10 characters per inch.
(2) Spacing. Papers prepared with uniformly spaced type shall be double-spaced, except that
headings, indented quotations, and footnotes may be single-spaced.
(c) Printed and computer-generated papers -- Proportionally spaced type.

(1) Type size and font. Proportionally spaced type (such as produced by commercial printers and
many computer printers) in the text and footnotes shall not be smaller than 13 point. The Court
of Appeals shall approve, from time to time, a list of fonts that comply with the requirements of
this Rule. Upon the docketing of an appeal, the clerk of the appellate court shall send the
approved list to all parties or their attorneys. The horizontal scaling ordinarily produced by the
computer program may not be altered in order to decrease the width of the characters or increase
the number of characters on a line.
Committee note. -- "Horizontal scaling" refers to the width of the characters.
(2) Spacing. Papers prepared with proportionally spaced type shall have at least 1.5 spacing
between lines, except that headings, indented quotations, and footnotes may be single-spaced.
The kerning ordinarily produced by the computer program may not be altered in order to reduce
the amount of space between characters or to increase the number of characters on a line.
Committee note. -- "Kerning" refers to the amount of space between characters.
(d) Margins. Margins at the top and bottom of the page shall be not less than 1 inch, except that
the page number may be within the bottom margin. Line length shall not exceed 61/2 inches, and
the margin on the bound edge of each page shall be sufficient to prevent the binding from
covering any text.
(e) Copies. Copies required to be filed shall be duplicated by any process that produces a clear
black image on white, opaque, unglazed paper.
(f) Effect of noncompliance. For noncompliance with this Rule, the appellate court may enter
any appropriate order, including an order that an improperly prepared brief be corrected at the
expense of the attorney for the party for whom the brief was filed.
MARYLAND RULES
APPEALS
Md. Rule 8-113 (2012)
Rule 8-113. Court papers -- Duty of Clerk
(a) Opinions. All opinions of the Court shall be filed with the Clerk. The Clerk shall deliver a
certified copy of each opinion to be reported to the State Reporter for inclusion in the State
Reports.
(b) Record on appeal.
(1) Request by Governor -- Criminal cases. When requested by the Governor, the Clerk may
send to the Governor the record on appeal in a criminal case. The Clerk shall obtain a receipt.
(2) For preparation of record extract. When necessary for preparation of a record extract and on
request of a party, the Clerk may send all or part of the record on appeal to a commercial printer
or photocopier for reproduction.
(3) Removal to State Archives. The Clerk shall deliver the original records to the State Archives
for permanent retention in accordance with the procedures established by the State Archivist and
Records Management Division.
(c) Other court papers. Except as otherwise provided in this Rule, the Clerk shall not release any
original court paper without permission of the Court and the receipt of the party to whom it is
delivered.
MARYLAND RULES
APPEALS
Md. Rule 8-114 (2012)
Rule 8-114. Unreported opinions
Transferred, effective Jan. 1, 2004.
MARYLAND RULES
APPEALS
Md. Rule 8-121 (2012)
Rule 8-121. Appeals from courts exercising juvenile jurisdiction -- Confidentiality
(a) Scope. This Rule applies to an appeal from an order relating to a child entered by a court
exercising juvenile jurisdiction.
(b) Caption. Unless the court orders otherwise, the proceedings shall be
styled "In re ............... (first name and initial of last name of child)".
(c) Confidentiality. The last name of the child shall not be used in any opinion, oral argument,
brief, record extract, petition, or other document pertaining to the appeal that is generally
available to the public.
(d) Transmittal of record. The record shall be transmitted to the appellate court in a manner that
ensures the secrecy of its contents.
(e) Access to record. Except by order of the Court, the record shall be open to inspection only by
the Court, authorized court personnel, parties, and their attorneys.
MARYLAND RULES
APPEALS
Md. Rule 8-121 (2012)
Rule 8-121. Appeals from courts exercising juvenile jurisdiction -- Confidentiality
(a) Scope. This Rule applies to an appeal from an order relating to a child entered by a court
exercising juvenile jurisdiction.
(b) Caption. Unless the court orders otherwise, the proceedings shall be
styled "In re ............... (first name and initial of last name of child)".
(c) Confidentiality. The last name of the child shall not be used in any opinion, oral argument,
brief, record extract, petition, or other document pertaining to the appeal that is generally
available to the public.
the Court, authorized court personnel, parties, and their attorneys.
MARYLAND RULES
APPEALS
Md. Rule 8-122 (2012)
Rule 8-122. Appeals from proceedings for adoption or guardianship -- Confidentiality

(a) Scope. This Rule applies to an appeal from an order relating to a child in a proceeding for
adoption or for guardianship with right to consent to adoption or long-term care short of
adoption.
(b) Caption. The proceeding shall be styled "In re Adoption/Guardianship of

.....................(first name and initial of last name of adoptee or ward)".
(c) Confidentiality. The last name of the child, the natural parents of the child, and the adopting
parents shall not be used in any opinion, oral argument, brief, record extract, petition, or other
document pertaining to the appeal that is generally available to the public. The parties, with the
approval of the appellate court, may waive the requirements of this section.
(e) Access to the record.
(1) Adoption proceeding. Except by order of the Court and subject to reasonable conditions and
restrictions imposed by the Court, the record in an appeal from an adoption proceeding shall be
open to inspection only by the Court and authorized court personnel.
(2) Guardianship proceeding. Except by order of the Court, the record in an appeal from a
guardianship proceeding shall be open to inspection only by the Court, authorized court
personnel, parties, and their attorneys.
MARYLAND RULES
APPEALS
Md. Rule 8-123 (2012)
Rule 8-123. Appeals from criminal investigations -- Confidentiality
(a) Scope. This Rule applies to an appeal from an order entered in a criminal investigation.
(b) Caption. The proceedings shall be styled "In Re Criminal investigation

No. ............... in the Circuit Court for................................".
(c) Confidentiality. The name of the person under investigation shall not be used in any opinion,
oral argument, brief, record extract, petition, or other document pertaining to the appeal that is
generally available to the public.
the Court, authorized court personnel, and attorneys for the State. Other parties to the appeal and
their attorneys may, by Court order, have access to the portion of the record relevant to that
party's appeal before the Court.
MARYLAND RULES
APPEALS
Md. Rule 8-131 (2012)
Rule 8-131. Scope of review
(a) Generally. The issues of jurisdiction of the trial court over the subject matter and, unless
waived under Rule 2-322, over a person may be raised in and decided by the appellate court
whether or not raised in and decided by the trial court. Ordinarily, the appellate court will not
decide any other issue unless it plainly appears by the record to have been raised in or decided by
the trial court, but the Court may decide such an issue if necessary or desirable to guide the trial
court or to avoid the expense and delay of another appeal.
(b) In Court of Appeals -- Additional limitations.
(1) Prior appellate decision. Unless otherwise provided by the order granting the writ of
certiorari, in reviewing a decision rendered by the Court of Special Appeals or by a circuit court
acting in an appellate capacity, the Court of Appeals ordinarily will consider only an issue that
has been raised in the petition for certiorari or any cross-petition and that has been preserved for
review by the Court of Appeals. Whenever an issue raised in a petition for certiorari or a cross-
petition involves, either expressly or implicitly, the assertion that the trial court committed error,
the Court of Appeals may consider whether the error was harmless or non-prejudicial even
though the matter of harm or prejudice was not raised in the petition or in a cross-petition.
Committee note. -- The last sentence of subsection (b) (1) amends the holding of Coleman v.
State, 281 Md. 538 (1977), and its progeny.
(2) No prior appellate decision. Except as otherwise provided in Rule 8-304 (c), when the Court
of Appeals issues a writ of certiorari to review a case pending in the Court of Special Appeals
before a decision has been rendered by that Court, the Court of Appeals will consider those
issues that would have been cognizable by the Court of Special Appeals.
(c) Action tried without a jury. When an action has been tried without a jury, the appellate court
will review the case on both the law and the evidence. It will not set aside the judgment of the
trial court on the evidence unless clearly erroneous, and will give due regard to the opportunity
of the trial court to judge the credibility of the witnesses.
(d) Interlocutory order. On an appeal from a final judgment, an interlocutory order previously
entered in the action is open to review by the Court unless an appeal has previously been taken
from that order and decided on the merits by the Court.
(e) Order denying motion to dismiss. An order denying a motion to dismiss for failure to state a
claim upon which relief can be granted is reviewable only on appeal from the judgment.
MARYLAND RULES
APPEALS
Md. Rule 8-132 (2012)
Rule 8-132. Transfer of appeal improperly taken
If the Court of Appeals or the Court of Special Appeals determines that an appellant has
improperly noted an appeal to it but may be entitled to appeal to another court exercising
appellate jurisdiction, the Court shall not dismiss the appeal but shall instead transfer the action
to the court apparently having jurisdiction, upon the payment of costs provided in the order
transferring the action.
MARYLAND RULES
APPEALS
CHAPTER 200. OBTAINING REVIEW IN COURT OF SPECIAL APPEALS
Md. Rule 8-201 (2012)
Rule 8-201. Method of securing review -- Court of Special Appeals
(a) By notice of appeal. Except as provided in Rule 8-204, the only method of securing review
by the Court of Special Appeals is by the filing of a notice of appeal within the time prescribed
in Rule 8-202. The notice shall be filed with the clerk of the lower court or, in an appeal from an
order or judgment of an Orphans' Court, with the register of wills. The clerk or register shall
enter the notice on the docket.
(b) Filing fees. At the time of filing a notice of appeal in a civil case, or within the time for
transmitting the record under Rule 8-412 in a criminal case, an appellant shall deposit the fee
prescribed pursuant to Code, Courts Article, 7-102 with the clerk of the lower court unless the
fee has been waived by an order of court or unless the appellant is represented by (1) the Public
Defender's Office, (2) an attorney assigned by Legal Aid Bureau, Inc., or (3) an attorney
assigned by any other legal services organization that accepts as clients only those persons
meeting the financial eligibility criteria established by the Federal Legal Services Corporation or
other appropriate governmental agency.
(c) Transmittal of record. After all required fees have been deposited, the clerk shall transmit the
record as provided in Rules 8-412 and 8-413. The fee shall be forwarded with the record to the
Clerk of the Court of Special Appeals.
MARYLAND RULES
APPEALS
Md. Rule 8-202 (2012)
filed within 30 days after entry of the judgment or order from which the appeal is taken. In this
Rule, "judgment" includes a verdict or decision of a circuit court to which issues have been sent
from an Orphans' Court.
Cross references. -- Code, Courts Article, 12-302 (c) (3).
(b) Criminal action -- Motion for new trial. In a criminal action, when a timely motion for a new
trial is filed pursuant to Rule 4-331 (a), the notice of appeal shall be filed within 30 days after the
later of (1) entry of the judgment or (2) entry of a notice withdrawing the motion or an order
denying the motion.
(c) Civil action -- Post judgment motions. In a civil action, when a timely motion is filed
pursuant to Rule 2-532, 2-533, or 2-534, the notice of appeal shall be filed within 30 days after
entry of (1) a notice withdrawing the motion or (2) an order denying a motion pursuant to Rule
2-533 or disposing of a motion pursuant to Rule 2-532 or 2-534. A notice of appeal filed before
the withdrawal or disposition of any of these motions does not deprive the trial court of
jurisdiction to dispose of the motion. If a notice of appeal is filed and thereafter a party files a
timely motion pursuant to Rule 2-532, 2-533, or 2-534, the notice of appeal shall be treated as
filed on the same day as, but after, the entry of a notice withdrawing the motion or an order
disposing of it.
Committee note. -- A motion filed pursuant to Rule 2-535, if filed within ten days after entry of
judgment, will have the same effect as a motion filed pursuant to Rule 2-534, for purposes of this
Rule. Unnamed Att'y v. Attorney Grievance Comm'n, 303 Md. 473, 494 A.2d 940 (1985); Sieck
v. Sieck, 66 Md. App. 37, 502 A.2d 528 (1986).
(d) When notice for in banc review filed. A party who files a timely notice for in banc review
pursuant to Rule 2-551 or 4-352 may file a notice of appeal provided that (1) the notice of appeal
is filed within 30 days after entry of the judgment or order from which the appeal is taken and (2)
the notice for in banc review has been withdrawn before the notice of appeal is filed and prior to
any hearing before or decision by the in banc court. A notice of appeal by any other party shall
be filed within 30 days after entry of a notice withdrawing the request for in banc review or an
order disposing of it. Any earlier notice of appeal by that other party does not deprive the in banc
court of jurisdiction to conduct the in banc review.
(e) Appeals by other party -- Within ten days. If one party files a timely notice of appeal, any
other party may file a notice of appeal within ten days after the date on which the first notice of
appeal was filed or within any longer time otherwise allowed by this Rule.
(f) Date of entry. "Entry" as used in this Rule occurs on the day when the clerk of the lower court
first makes a record in writing of the judgment, notice, or order on the file jacket, on a docket
within the file, or in a docket book, according to the practice of that court, and records the actual
date of the entry.

MARYLAND RULES
APPEALS
Md. Rule 8-203 (2012)
Rule 8-203. Striking of notice of appeal or application for leave to appeal by lower court
(a) Generally. On motion or on its own initiative, the lower court may strike a notice of appeal
or application for leave to appeal (1) that has not been filed within the time prescribed by Rules
8-202 or 8-204, (2) if the clerk of the lower court has prepared the record pursuant to Rule 8-413
and the appellant has failed to pay for the record, (3) if the appellant has failed to deposit with
the clerk of the lower court the filing fee required by Rule 8-201 (b), or (4) if by reason of any
other neglect on the part of the appellant the record has not been transmitted to the appellate
court within the time prescribed in Rule 8-412.
(b) Notice. Before the lower court strikes a notice of appeal or application for leave to appeal on
its own initiative, the clerk of that court shall serve on all parties pursuant to Rule 1-321 a notice
that an order striking the notice of appeal or application for leave to appeal will be entered unless
a response is filed within 15 days after service showing good cause why the notice or application
should not be stricken.
MARYLAND RULES
APPEALS
Md. Rule 8-204 (2012)
Rule 8-204. Application for leave to appeal to Court of Special Appeals
(a) Scope. This Rule applies to applications for leave to appeal to the Court of Special Appeals.
Cross references. -- For Code provisions governing applications for leave to appeal, see Courts
Article, 3-707 concerning bail; Courts Article, 12-302 (e) concerning guilty plea cases;
Courts Article, 12-302 (g) concerning revocation of probation cases; Criminal Procedure
Article, 11-103 concerning victims of violent crimes or delinquent acts; Criminal Procedure
Article, 7-109 concerning post conviction cases; Correctional Services Article, 10-206 et seq.
concerning inmate grievances; and Health-General Article, 12-117 (e)(2), 12-118 (d)(2), and
12-120 (k)(2) concerning continued commitment, conditional release, or discharge of an
individual committed as not criminally responsible by reason of insanity or incompetent to stand
trial.
(b) Application.
(1) How made. An application for leave to appeal to the Court of Special Appeals shall be filed
in duplicate with the clerk of the lower court.
(2) Time for filing.
(A) Generally. Except as otherwise provided in subsection (b)(2)(B) of this Rule, the application
shall be filed within 30 days after entry of the judgment or order from which the appeal is
sought.
(B) Interlocutory appeal by victim. An application with regard to an interlocutory appeal by a

victim pursuant to Code, Criminal Procedure Article, 11-103 alleging that the criminal or
juvenile court denied or failed to consider a victim's right may be filed at the time the victim's
right is actually being denied or within 10 days after the request is made on behalf of the victim,
whether or not the court has ruled on the request.
Committee note. -- Code, Courts Article, 11-103 (c) provides that the filing of an application
for leave to appeal by a victim does not stay other proceedings in a criminal or juvenile action
unless all parties in the action consent to the stay.
(C) Bail. An application for leave to appeal with regard to bail pursuant to Code, Courts Article,
3-707 shall be filed within ten days after entry of the order from which the appeal is sought.
(3) Content. The application shall contain a concise statement of the reasons why the judgment
should be reversed or modified and shall specify the errors allegedly committed by the lower
court.
(4) Service. If the applicant is the State of Maryland, it shall serve a copy of the application on
the adverse party in compliance with Rule 1-321. Any other applicant shall serve a copy of the
application on the Attorney General in compliance with Rule 1-321. If the applicant is not
represented by an attorney, the clerk of the lower court shall promptly mail a copy of the
application to the Attorney General.
(c) Record on application.
(1) Time for transmittal. The clerk of the lower court shall transmit the record, together with the
application, to the Court of Special Appeals within (A) five days after the filing of an application
by a victim for leave to file an interlocutory appeal pursuant to Code, Criminal Procedure
Article, 11-103, (B) 30 days after the filing of an application for leave to appeal in any other
case, or (C) such shorter time as the appellate court may direct. The clerk shall notify each party
of the transmittal.
(2) Post conviction proceedings. On application for leave to appeal from a post conviction
proceeding, the record shall contain the petition, the State's Attorney's response, any subsequent
papers filed in the proceeding, and the statement and order required by Rule 4-407.
(3) Habeas corpus proceedings. On application for leave to appeal from a habeas corpus
proceeding in regard to bail, the record shall contain the petition, any response filed by the
State's Attorney, the order of the court, and the judge's memorandum of reasons.
(4) Victims. On application by a victim for leave to appeal pursuant to Code, Criminal Procedure
Article, 11-103, the record shall contain (A) the application; (B) any response to the
application filed by the defendant, a child or liable parent under Code, Criminal Procedure
Article, 11-601, the State's Attorney, or the Attorney General; (C) any pleading regarding the
victim's request including, if applicable, a statement that the court has failed to consider a right
of the victim; and (D), if applicable, any order or decision of the court.
(5) Other applications for leave to appeal. On any other application for leave to appeal, the
record shall contain all of the original papers and exhibits filed in the proceeding.
Cross references. -- Code, Courts Article 3-707.
(d) Response. Within 15 days after the clerk of the lower court sends the notice that the record
and application have been transmitted to the Court of Special Appeals, any other party may file a
response in the Court of Special Appeals stating why leave to appeal should be denied or
granted, except that any response to an application for leave to appeal with regard to bail
pursuant to Code, Courts Article, 3-707 or with regard to an interlocutory appeal by a victim
pursuant to Code, Criminal Procedure Article, 11-103 shall be filed within five days after
service of the application.
(e) Additional information. Before final disposition of the application, the Court of Special
Appeals may require the clerk of the lower court to submit any portion of the stenographic
transcript of the proceedings below and any additional information that the Court may wish to
consider.
(f) Disposition. On review of the application, any response, the record, and any additional
information obtained pursuant to section (e) of this Rule, without the submission of briefs or the
hearing of argument, the Court shall:
(1) deny the application;
(2) grant the application and affirm the judgment of the lower court;
(3) grant the application and reverse the judgment of the lower court;
(4) grant the application and remand the judgment to the lower court with directions to that
court; or
(5) grant the application and order further proceedings in the Court of Special Appeals in
accordance with section (g) of this Rule.
The Clerk of the Court of Special Appeals shall send a copy of the order disposing of the
application to the clerk of the lower court.
(g) Further proceedings in court of special appeals.
(1) Generally. Further proceedings directed under subsection (f)(5) of this Rule shall be
conducted pursuant to this Title and as if the order granting leave to appeal were a notice of
appeal filed pursuant to Rule 8-202. If the record on application for leave to appeal is to
constitute the entire record to be considered on the appeal, the time for the filing of the
appellant's brief shall be within 40 days after the date of the order granting leave to appeal.
(2) Further proceedings in interlocutory appeals of denial of victims' rights. If the order granting
leave to appeal involves an interlocutory appeal by a victim pursuant to Code, Criminal
Procedure Article, 11-103, the Court may schedule oral argument without the submission of
briefs and shall consider the application and any responses in lieu of briefs.
HISTORY: (Amended June 20, 1991, effective July 1, 1991; June 7, 1994, effective October 1,
1994; January 20, 1999, effective July 1, 1999; May 9, 2000, effective July 1, 2000; Jan. 8, 2002,
effective Febuary 1, 2002; April 5, 2005, effective July 1, 2005; amended November 8, 2005,
effective January 1, 2006; amended December 4, 2007, effective January 1, 2008; amended
September 8, 2011, effective January 1, 2012.)
MARYLAND RULES
APPEALS
Md. Rule 8-205 (2012)
Rule 8-205. Information reports
(a) Applicability. This Rule applies to appeals in all civil actions in the Court of Special
Appeals except juvenile causes, appeals from guardianships terminating parental rights, appeals
from actions for a writ of error coram nobis, and applications and appeals by prisoners seeking
relief relating to confinement or conditions of confinement.
(b) Report by appellant required. Upon the filing of a notice of appeal, the clerk of the lower
court shall provide to the appellant an information report form prescribed by the Court of Special
Appeals. Unless an expedited appeal is elected pursuant to Rule 8-207, the appellant shall file
with the Clerk of the Court of Special Appeals a copy of the notice of appeal and a complete and
accurate information report.
(c) Time for filing. When a notice of appeal is filed more than ten days after the entry of
judgment, the information report shall be filed within ten days after the filing of the notice. When
the notice of appeal is filed within ten days after the entry of judgment, the information report
shall be filed within ten days after the expiration of that ten-day period, if no post-judgment
motion pursuant to Rule 2-532, 2-533, or 2-534 or a notice for in banc review pursuant to Rule 2-
551 has been timely filed.
(d) Report by appellee. Within seven days after service of appellant's information report, each
appellee may file with the Clerk of the Court of Special Appeals a supplemental report
containing any other information needed to clarify the issues on appeal or otherwise assist the
prehearing judge.
(e) Disclosure of post-judgment motions. If the filing, withdrawal, or disposition of a motion

pursuant to Rule 2-532, 2-533, or 2-534 has not been disclosed in an information report or
supplemental report, the party filing the motion shall notify the Clerk of the Court of Special
Appeals of the filing and of the withdrawal or disposition.
(f) Confidentiality. Information contained in an information report or a supplemental report shall

not (1) be treated as admissions, (2) limit the disclosing party in presenting or arguing that party's
case, or (3) be referred to except at a prehearing or scheduling conference.
HISTORY: (Amended Dec. 10, 1996, effective July 1, 1997; Oct. 31, 2002, effective Jan. 1,
2003; amended Nov. 8, 2005, effective Jan. 1, 2006; amended Sept. 10, 2009, effective Oct. 1,
2009.)
MARYLAND RULES
APPEALS
Md. Rule 8-206 (2012)
Rule 8-206. Prehearing and scheduling procedure
(a) Initial determination by Court. Within 20 days after the filing of appellant's information
report, the Court of Special Appeals shall enter an order
(1) that the appeal proceed without a prehearing or scheduling conference; or
(2) that the parties, their attorneys, or both the parties and their attorneys appear before the Chief
Judge or a judge of the Court designated by the Chief Judge at a designated time and place for a
prehearing conference or a scheduling conference.
(b) Prehearing conference. The purpose of a prehearing conference is to discuss settlement,

dismissal of the appeal, limitation of the issues, contents of the record and record extract,
continuance of the appeal, the time or times for filing the record and briefs, and other pertinent
matters. Information disclosed at a prehearing conference shall be regarded as disclosed solely
for purposes of settlement negotiations and shall not (1) be treated as admissions, (2) limit the
disclosing party in presenting or arguing that party's case, or (3) be referred to except at a
prehearing conference.
(c) Scheduling conference. The purpose of a scheduling conference is to discuss the contents of
the record and record extract, the time or times for filing the record and briefs, and other
administrative matters that do not relate to the merits of the case.
(d) Order. On completion of any conference conducted under this Rule, the judge shall enter an
order reciting the actions taken and any agreements reached by the parties. The judge may order
additional conferences and may enter an order of remand pursuant to Rule 8-602 (e). The Clerk
shall serve a copy of the order on each party pursuant to Rule 1-321.
(e) Sanctions. Upon failure of a party or attorney to comply with Rule 8-205, this Rule, or an
order under this Rule, the Court of Special Appeals may: (1) dismiss the appeal, (2) assess
against the party or attorney the reasonable expenses caused by the failure, including attorney's
fees, (3) assess against the party or attorney all or a portion of the appellate costs, or (4) impose
any other appropriate sanction.
(f) Recusal. A judge who conducts a prehearing conference shall not sit as a member of the panel
assigned to hear the appeal in that case.
MARYLAND RULES
APPEALS
Md. Rule 8-207 (2012)
Rule 8-207. Expedited appeal
(a) Adoption, guardianship, child access, child in need of assistance cases.
(1) This section applies to every appeal to the Court of Special Appeals (A) from a judgment
granting or denying a petition (i) for adoption, guardianship terminating parental rights, or
guardianship of the person of a minor or disabled person, or (ii) to declare that a child is a child
in need of assistance, and (B) from a judgment granting, denying, or establishing custody of or
visitation with a minor child or from an interlocutory order taken pursuant to Code, Courts
Article, 12-303(3)(x). Unless otherwise provided for good cause by order of the Court of
Special Appeals or by order of the Court of Appeals if that Court has assumed jurisdiction over
the appeal, the provisions of this section shall prevail over any other rule to the extent of any
inconsistency.
(2) In the information report filed pursuant to Rule 8-205, the appellant shall state whether the
appeal is subject to this section.
(3) Within five days after entry of an order pursuant to Rule 8-206 (a) (1) or an order pursuant to
Rule 8-206 (d) directing preparation of the record, the appellant shall order the transcript and
make an agreement for payment to assure its preparation. The court reporter or other person
responsible for preparation of the transcript shall give priority to transcripts required for appeals
subject to this section and shall complete and file the transcripts with the clerk of the lower court
within 20 days after receipt of an order of the party directing their preparation and an agreement
for payment of the cost. An extension of time may be granted only for good cause.
(4) The clerk of the lower court shall transmit the record to the Court of Special Appeals within
thirty days after the date of the order entered pursuant to Rule 8-206 (a) (1) or Rule 8-206 (d).
(5) The briefing schedule set forth in Rule 8-502 shall apply, except that (A) an appellant's reply
brief shall be filed within 15 days after the filing of the appellee's brief, (B) a cross-appellee's
brief shall be filed within 20 days after the filing of a cross-appellant's brief, and (C) a cross-
appellant's reply brief shall be filed within 15 days after the filing of a cross-appellee's brief.
Unless directed otherwise by the Court, any oral argument shall be held within 120 days after
transmission of the record. The decision shall be rendered within 60 days after oral argument or
submission of the appeal on the briefs filed.
(6) Any motion for reconsideration pursuant to Rule 8-605 shall be filed within 15 days after the
filing of the opinion of the Court or other order disposing of the appeal. Unless the mandate is
delayed pursuant to Rule 8-605 (d) or unless otherwise directed by the Court, the Clerk of the
Court of Special Appeals shall issue the mandate upon the expiration of 15 days after the filing
of the court's opinion or order.
(b) By election of parties.
(1) Election. Within 20 days after the first notice of appeal is filed or within the time specified in
an order entered pursuant to Rule 8-206 (d), the parties may file with the Clerk of the Court of
Special Appeals a joint election to proceed pursuant to this Rule.
(2) Statement of case and facts. Within 15 days after the filing of the joint election, the parties
shall file with the Clerk four copies of an agreed statement of the case, including the essential
facts, as prescribed by Rule 8-413 (b). By stipulation of counsel filed with the clerk, the time for
filing the agreed statement of the case may be extended for no more than an additional 30 days.
Committee note. -- Rule 8-413 (b) requires that an agreed statement of the case be approved by
the lower court.
(3) Withdrawal. The election is withdrawn if (1) within 15 days after its filing the parties file a
joint stipulation to that effect or (2) the parties fail to file the agreed statement of the case within
the time prescribed by subsection (b)(2) of this Rule. The case shall then proceed as if the first
notice of appeal had been filed on the date of the withdrawal.
(4) Appellant's brief. The appellant shall file a brief within 15 days after the filing of the agreed
statement required by subsection (b)(2) of this Rule. The brief need not include statement of
facts, shall be limited to two issues, and shall not exceed ten pages in length. Otherwise, the brief
shall conform to the requirements of Rule 8-504. The appellant shall attach the agreed statement
of the case as an appendix to the brief.
(5) Appellee's brief. The appellee shall file a brief within 15 days after the filing of the
appellant's brief. The brief shall not exceed ten pages in length and shall otherwise conform to
the requirements of Rule 8-504.
(6) Reply brief. A reply brief may be filed only with permission of the Court.
(7) Briefs in cross-appeals. An appellee who is also a cross-appellant shall include in the brief
filed under subsection (b)(5) of this Rule the issue and argument on the cross-appeal as well as
the response to the brief of the appellant. The combined brief shall not exceed 15 pages in length.
Within ten days after the filing of an appellee/cross-appellant's brief, the appellant/cross-appellee
shall file a brief, not exceeding ten pages in length, in response to the issues and argument raised
on the cross-appeal.
(8) Oral argument. Except in extraordinary circumstances, any oral argument shall be held within
45 days after the filing of the appellee's brief or, if the Court is not in session at that time, within
45 days after commencement of the next term of the Court. The oral argument shall be limited to
15 minutes for each side.
(9) Decision. Except in extraordinary circumstances or when a panel of the Court recommends
that the opinion be reported, the decision shall be rendered within 20 days after oral argument or,
if all parties submitted on brief, within 30 days after the last submission.
(10) Applicability of other rules. The Rules of this Title governing appeals to the Court of
Special Appeals shall be applicable to expedited appeals except to the extent inconsistent with
this Rule.
HISTORY: (Amended Mar. 30, 1993, effective July 1, 1993; June 21, 1995, effective Sept. 1,
1995; Sept. 11, 1995, effective Jan. 1, 1996; Dec. 16, 1999, effective Jan. 1, 2000; Nov. 12,
2003, effective Jan. 1, 2004; April 5, 2005, effective July 1, 2005; amended Nov. 8, 2005,
effective Jan. 1, 2006; amended Sept. 10, 2009, effective Oct. 1, 2009.)
MARYLAND RULES
APPEALS
CHAPTER 300. OBTAINING APPELLATE REVIEW IN COURT OF APPEALS
Md. Rule 8-301 (2012)
Rule 8-301. Method of securing review -- Court of Appeals
(a) Generally. Appellate review by the Court of Appeals may be obtained only:
(1) by direct appeal or application for leave to appeal, where allowed by law;
(2) pursuant to the Maryland Uniform Certification of Questions of Law Act; or
(3) by writ of certiorari in all other cases.
Cross references. -- For Code provisions governing direct appeals to the Court of Appeals, see
Criminal Law Article, 2-401 concerning automatic review in death penalty cases; Election Law
Article, 12-203 concerning appeals from circuit court decisions regarding contested elections;
and Financial Institutions Article, 9-712 concerning appeals from circuit court decisions
approving transfers of assets of savings and loan associations. For Maryland Uniform
Certification of Questions of Law Act, see Code, Courts Article, 12-601 through 12-613.
(b) Direct appeals or applications to Court of Appeals.

(1) An appeal or application for leave to appeal to the Court of Appeals in a case in which a
sentence of death was imposed is governed by Rule 8-306.
(2) Any other appeal to the Court of Appeals allowed by law is governed by the other rules of
this Title applicable to appeals, or by the law authorizing the direct appeal. In the event of a
conflict, the law authorizing the direct appeal shall prevail. Except as otherwise required by
necessary implication, references in those rules to the Court of Special Appeals shall be regarded
as references to the Court of Appeals.
(c) Certification of questions of law. Certification of questions of law to the Court of Appeals
pursuant to the Maryland Uniform Certification of Questions of Law Act is governed by Rule 8-
305.
2004.)
MARYLAND RULES
APPEALS
Md. Rule 8-302 (2012)
Rule 8-302. Petition for writ of certiorari -- Times for filing
(a) From appeal to Court of Special Appeals. If a notice of appeal to the Court of Special
Appeals has been filed pursuant to Rule 8-201, a petition for a writ of certiorari may be filed
either before or after the Court of Special Appeals has rendered a decision, but not later than the
later of 15 days after the Court of Special Appeals issues its mandate or 30 days after the filing
of that court's opinion.
(b) From appeal to circuit court. If a writ of certiorari is sought pursuant to Code, Courts Article,
12-305, a petition may be filed not later than 30 days after entry of the judgment of the circuit
court, except as follows:
(1) In a criminal action, when a timely motion for a new trial is filed pursuant to Rule 4-331 (a),
the petition for a writ of certiorari shall be filed within 30 days after the later of (A) entry of the
judgment or (B) entry of a notice withdrawing the motion or an order denying the motion.
(2) In a civil action tried de novo in the circuit court, when a timely motion is filed pursuant to
Rule 2-533 or 2-534, the petition for a writ of certiorari shall be filed within 30 days after entry
of (A) a notice of withdrawing the motion or (B) an order denying a motion pursuant to Rule 2-
533 or disposing of a motion pursuant to Rule 2-534. A petition for a writ of certiorari filed
before the withdrawal or disposition of either of these motions has no effect, and a new petition
must be filed within the time specified in this section.
(c) By other party -- Within 15 days. If a timely petition for a writ of certiorari is filed by a party,
any other party may file a petition for a writ of certiorari within 15 days after the date on which
the first timely petition was filed or within any applicable time otherwise prescribed by this Rule,
whichever is later.
(d) Date of entry. "Entry" as used in this Rule occurs on the day when the clerk of the lower
court first makes a record in writing of the judgment, notice, or order on the file jacket, on a
docket within the file, or in a docket book, according to the practice of that court, and records the
actual date of the entry.

MARYLAND RULES
APPEALS
Md. Rule 8-303 (2012)
Rule 8-303. Petition for writ of certiorari -- Procedure
(a) Filing. A petition for a writ of certiorari, together with seven legible copies, shall be filed
with the Clerk of the Court of Appeals. The petition shall be accompanied by the filing fee
prescribed pursuant to Code, Courts Article, 7-102 unless the fee has been waived by an order
of court or unless the petitioner is represented by (1) the Public Defender's Office, (2) an attorney
assigned by Legal Aid Bureau, Inc., or (3) an attorney assigned by any other legal services
organization that accepts as clients only those persons meeting the financial eligibility criteria
established by the Federal Legal Services Corporation or other appropriate governmental agency.
(b) Petition.
(1) Contents. The petition shall present accurately, briefly, and clearly whatever is essential to a
ready and adequate understanding of the points requiring consideration. Except with the
permission of the Court of Appeals, a petition shall not exceed 25 pages. It shall contain the
following information:
(A) A reference to the action in the lower court by name and docket number;
(B) A statement whether the case has been decided by the Court of Special Appeals;
(C) If the case is then pending in the Court of Special Appeals, a statement whether briefs have
been filed in that Court or the date briefs are due, if known;
(D) A statement whether the judgment of the circuit court has adjudicated all claims in the
action in their entirety, and the rights and liabilities of all parties to the action;
(E) The date of the judgment sought to be reviewed and the date of any mandate of the Court of
Special Appeals;
(F) The questions presented for review;
(G) A reference to pertinent constitutional provisions, statutes, ordinances, or regulations;
(H) A concise statement of the facts material to the consideration of the questions presented; and
(I) A concise argument in support of the petition.
(2) Documents. A copy of each of the following documents shall be submitted with the petition
at the time it is filed:
(A) The docket entry evidencing the judgment of the circuit court;
(B) Any opinion of the circuit court;
(C) Any written order issued under Rule 2-602 (b);
(D) If the case has not been decided by the Court of Special Appeals, all briefs that have been
filed in the Court of Special Appeals; and
(E) Any opinion of the Court of Special Appeals.
(3) Where documents unavailable. If a document required by subsection (b) (2) of this Rule is
unavailable, the petitioner shall state the reason for the unavailability. If a document required to
be submitted with the petition becomes available after the petition is filed but before it has been
acted upon, the petitioner shall file it as a supplement to the petition as soon as it becomes
available.
(4) Previously served documents. Copies of any brief or opinion previously served upon or
furnished to another party need not be served upon that party.
(c) Sanction. Failure to comply with section (b) of this Rule is a sufficient reason for denying the
petition.
(d) Answer. Within 15 days after service of the petition, any other party may file an original and
seven copies of an answer to the petition stating why the writ should be denied.
(e) Stay of judgment of court of special appeals or of a circuit court. Upon the filing of a petition
for a writ of certiorari, or upon issuing a writ on its own motion, the Court of Appeals may stay
the issuance, enforcement, or execution of a mandate of the Court of Special Appeals or the
enforcement or execution of a judgment of a circuit court.
(f) Disposition. On review of the petition and any answer, the Court, unless otherwise ordered,
shall grant or deny the petition without the submission of briefs or the hearing of argument. If the
petition is granted, the Court shall:
(1) direct further proceedings in the Court of Appeals;
(2) dismiss the appeal pursuant to Rule 8-602;
(3) affirm the judgment of the lower court;
(4) vacate or reverse the judgment of the lower court;
(5) modify the judgment of the lower court;
(6) remand the action to the lower court for further proceedings pursuant to Rule 8-604 (d); or
(7) an appropriate combination of the above.
(g) Duty of Clerk. The Clerk of the Court of Appeals shall send a copy of the order disposing of
the petition to the clerk of the lower court. If the order directs issuance of a writ of certiorari, the
Clerk shall issue the writ to the lower court.
HISTORY: (Amended June 28, 1989, effective July 1, 1989; May 14, 1992, effective July 1,
1992; Sept. 11, 1995, effective Jan. 1, 1996.)
MARYLAND RULES
APPEALS
Md. Rule 8-304 (2012)
Rule 8-304. Certification from Court of Special Appeals
(a) Initiation. At any time before issuance of a mandate, the Court of Special Appeals or the
panel of that Court to which the action has been assigned may certify a question of law or the
entire action to the Court of Appeals. Upon transmission to the Court of Appeals, a copy of the
certification shall be forwarded to the Chief Judge of the Court of Special Appeals and to the
parties. The Court of Appeals may consider the certification pursuant to its authority to issue a
writ of certiorari on its own motion.
(b) Content. The certification shall briefly describe the action, state the question of law and the
facts on which the question arises, and state the reason for certification.
(c) Disposition of certification. The Court of Appeals may refuse the certification or may issue a
writ of certiorari that (1) accepts the certification as submitted, (2) modifies the questions of law
certified, (3) includes the entire action although only a question of law was certified, or (4) limits
review to only a question of law although the entire action was certified. The Clerk of the Court
of Appeals shall send the order refusing the certification or the writ of certiorari to the Court of
Special Appeals and to the parties.
(d) Record extract and briefs. If the Court of Appeals issues a writ of certiorari, the filing of a
record extract and briefs shall be governed by Rules 8-501 through 8-511 unless the Court orders
otherwise.
MARYLAND RULES
APPEALS
Md. Rule 8-305 (2012)
Rule 8-305. Certification of questions of law to the court of appeals
(a) Certifying court. "Certifying court" as used in this Rule means a court authorized by Code,
Courts Article, 12-603 to certify a question of law to the Court of Appeals of Maryland.
Committee note. -- Necessary implication requires that the definition of 'court" set forth in Rule
1-202 does not apply in this Rule.
(b) Certification order. In disposing of an action pending before it, a certifying court, on motion
of any party or on its own initiative, may submit to the Court of Appeals a question of law of this
State, in accordance with the Maryland Uniform Certification of Questions of Law Act, by filing
a certification order. The certification order shall be signed by a judge of the certifying court and
state the question of law submitted, the relevant facts from which the question arises, and the
party who shall be treated as the appellant in the certification procedure. The original order and
seven copies shall be forwarded to the Court of Appeals by the clerk of the certifying court under
its official seal, together with the filing fee for docketing regular appeals, payable to the Clerk of
the Court of Appeals.
(c) Proceeding in the Court of Appeals. The filing of the certification order in the Court of
Appeals shall be the equivalent of the transmission of a record on appeal. The Court of Appeals
may request, in addition, all or any part of the record before the certifying court. Upon request,
the certifying court shall file the original or a copy of the parts of the record requested together
with a certificate, under the official seal of the certifying court and signed by a judge or clerk of
that court, stating that the materials submitted are all the parts of the record requested by the
Court of Appeals.
(d) Decision by the Court of Appeals. The written opinion of the Court of Appeals stating the
law governing the question certified shall be sent by the Clerk of the Court of Appeals to the
certifying court. The Clerk of the Court of Appeals shall certify, under seal of the Court, that the
opinion is in response to the question of law of this State submitted by the certifying court.
MARYLAND RULES
APPEALS
Md. Rule 8-306 (2012)
Rule 8-306. Capital cases -- Review in Court of Appeals
(a) Scope. This Rule applies to appellate proceedings in cases in which a sentence of death was
imposed, including direct appeal, an application for leave to appeal from a judgment granting or
denying relief in a post conviction proceeding brought to review a judgment imposing a sentence
of death, and an application for leave to appeal from an order determining the competence or
incompetence of an inmate upon whom a sentence of death was imposed.
(b) Applicability of other rules. Except as otherwise expressly or by necessary implication

provided in this Rule, the other rules of this Title apply to appeals and applications for leave to
appeal under this Rule. In the event of a conflict between this Rule and another rule in this Title,
this Rule shall prevail.
(c) Automatic appeal from judgment.
(1) Whenever a sentence of death is imposed, there shall be an automatic appeal to the Court of
Appeals of both the determination of guilt and the sentence, whether or not the determination of
guilt was based on a plea of guilty.
(2) The clerk of the circuit court shall enter on the docket a notice of appeal on behalf of the
defendant within 10 days after the later of (A) entry of the judgment, or (B) entry of a notice
withdrawing a timely motion for new trial filed pursuant to Rule 4-331 (a) or an order denying
the motion. The clerk shall promptly notify the Attorney General, the defendant, and counsel for
the defendant of the entry of the notice of appeal.
(3) Unless the parties have elected to proceed in accordance with Rule 8-413 (b), the clerk, upon
docketing the notice of appeal, shall direct the court reporter to prepare a transcript of both the
trial and sentencing proceedings in conformance with Rule 8-411 (a). Within 10 days after
receipt of the transcript, the clerk shall transmit the record to the Clerk of the Court of Appeals.
The statement of costs required by Rule 8-413 (c) shall separately state the cost applicable to the
sentencing proceeding. The State shall pay those costs.
(4) The Court of Appeals shall consider (A) those issues concerning the sentence required by
Code, Criminal Law Article, 2-401 (d) and (B) all other issues properly before the Court on
appeal and necessary to a decision in the case.
(d) Transcript in lieu of record extract. In any proceeding under section (c) of this Rule, the
parties, by agreement, may file with the Court 10 copies of a complete transcript of the
proceedings under review instead of extracts from the transcript.
(e) Other applications. Rule 8-204 applies to all applications for leave to appeal subject to this
Rule, except that
(1) the application for leave to appeal to the Court of Appeals shall be made by filing the
application with the Clerk of the Court of Appeals;
(2) upon the filing of the application, the Clerk of the Court of Appeals shall notify the clerk of
the trial court who shall transmit the record to the Court of Appeals within 60 days after the
filing of the application unless a different time is fixed by order of the Court of Appeals on
motion or on its own initiative; and
(3) if the application for leave to appeal from a judgment granting or denying relief in a post
conviction proceeding is granted, a transcript of the post conviction proceeding in the trial court
shall be transmitted to the Court of Appeals not later than 60 days after the grant of leave to
appeal unless a different time is fixed by order of the Court of Appeals on motion or on its own
initiative.
(f) Oral argument. Unless otherwise ordered by the Court of Appeals, oral argument in a direct
appeal or pursuant to an order granting an application for leave to appeal and directing further
proceedings shall be held within 150 days after transmittal of the record.
MARYLAND RULES
APPEALS
CHAPTER 400. PRELIMINARY PROCEDURES
Md. Rule 8-401 (2012)
Rule 8-401. Parties -- Joinder and substitution
(a) Joinder not required. A petition for a writ of certiorari, an appeal, or an application for leave
to appeal may be filed with or without the assent or joinder of coplaintiffs, codefendants, or other
parties.
(b) Substitution. The proper person may be substituted for a party on appeal in accordance with
Rule 2-241.
MARYLAND RULES
APPEALS
Md. Rule 8-402 (2012)
Rule 8-402. Appearance of counsel
(a) Continuance of appearance from lower court. The appearance of an attorney entered in a
lower court shall continue in the Court of Special Appeals and the Court of Appeals unless (1)
the attorney's appearance has been stricken in the lower court pursuant to Rule 2-132 or 4-214,
(2) the attorney notifies the Clerk of the appellate court in writing not to enter the attorney's
appearance in the appellate court and sends a copy of the notice to the clerk of the lower court
and the client, or (3) the attorney's appearance has automatically terminated pursuant to section
(g) of this Rule.
(b) New appearance. An attorney newly appearing on appeal may enter an appearance by filing a
written request (1) in the Court of Special Appeals if the record on appeal has already been filed
in that Court, (2) in the Court of Appeals if a petition for a writ of certiorari has been filed or the
Court has issued a writ on its own initiative, or (3) in the lower court in all other cases.
(c) In certification cases. In a proceeding pursuant to Rule 8-305, the appearance of an attorney
entered in the certifying court shall continue in the Court of Appeals if the attorney has been
admitted to practice law in this State. An attorney newly appearing in the case may enter an
appearance by filing a written request in the Court of Appeals at any time after the certification
order is filed.
Cross references. -- For special admission of an out-of-state attorney, see Bar Admission Rule
14.
(d) Corporation. A corporation may enter an appearance only by an attorney, except as otherwise
provided by rule or statute.
(e) When entered by Clerk. The Clerk of the appellate court shall formally enter the appearance
of the attorney (1) in the Court of Special Appeals when the record on appeal is filed, (2) in the
Court of Appeals when a petition for a writ of certiorari is filed or, if the Court issues the writ on
its own initiative, when the writ is issued, or (3) when properly requested pursuant to section (b)
or (c).
(f) Striking appearance. The appearance of an attorney may be stricken pursuant to Rule 2-132,
except that a motion to withdraw an appearance must be in writing and may not be made in open
court.
(g) Automatic termination of appearance. The appearance of an attorney entered in the lower
court is automatically terminated upon the entry of an appearance by the Public Defender or an
attorney designated by the Public Defender.
MARYLAND RULES
APPEALS
Md. Rule 8-411 (2012)
Rule 8-411. Transcript
(a) Ordering of transcript. Unless a copy of the transcript is already on file, the appellant shall
order in writing from the court reporter a transcript containing:
(1) a transcription of (A) all the testimony or (B) that part of the testimony that the parties agree,
by written stipulation filed with the clerk of the lower court, is necessary for the appeal or (C)
that part of the testimony ordered by the Court pursuant to Rule 8-206 (d) or directed by the
lower court in an order;
(2) a transcription of any proceeding relevant to the appeal that was recorded pursuant to Rule
16-404 e.; and
(3) if relevant to the appeal and in the absence of a written stipulation by all parties to the
contents of the recording, a transcription of any audio or audiovisual recording or portion thereof
offered or used at a hearing or trial.
(b) Time for ordering. The appellant shall order the transcript within ten days or five days in
child in need of assistance cases after:
(1) the date of an order entered pursuant to Rule 8-206 (a) (1) that the appeal proceed without a
prehearing conference, or an order entered pursuant to Rule 8-206 (d) following a prehearing
conference, unless a different time is fixed by that order, in all civil actions specified in Rule 8-
205 (a), or
(2) the date the first notice of appeal is filed in all other actions.
(c) Filing and service. The appellant shall (1) file a copy of the written order to the court reporter
with the clerk of the lower court for inclusion in the record, (2) cause the original transcript to be
filed promptly by the court reporter with the clerk of the lower court for inclusion in the record,
and (3) promptly serve a copy on the appellee.
HISTORY: (Amended June 5, 1996, effective Jan. 1, 1997; Dec. 16, 1999, effective Jan. 1,
2000; Oct. 31, 2002, effective Jan. 1, 2003; amended Nov. 8, 2005, effective Jan. 1, 2006;
MARYLAND RULES
APPEALS
Md. Rule 8-412 (2012)
Rule 8-412. Record -- Time for transmitting
(a) To the Court of Special Appeals. Unless a different time is fixed by order entered pursuant
to section (d) of this Rule, the clerk of the lower court shall transmit the record to the Court of
Special Appeals within sixty days or thirty days in child in need of assistance cases after:
(1) the date of an order entered pursuant to Rule 8-206 (a) (1) that the appeal proceed without a
prehearing conference, or an order entered pursuant to Rule 8-206 (d) following a prehearing
conference, unless a different time is fixed by that order, in all civil actions specified in Rule 8-
205 (a); or
(2) the date the first notice of appeal is filed, in all other actions.
(b) To the Court of Appeals. Unless a different time is fixed by order entered pursuant to section
(d) of this Rule, the clerk of the court having possession of the record shall transmit it to the
Court of Appeals within 15 days after entry of a writ of certiorari directed to the Court of Special
Appeals, or within sixty days after entry of a writ of certiorari directed to a lower court other
than the Court of Special Appeals.
(c) When record is transmitted. For purposes of this Rule the record is transmitted when it is
delivered to the Clerk of the appellate court or when it is sent by certified mail by the clerk of the
lower court, addressed to the Clerk of the appellate court.
(d) Shortening or extending the time. On motion or on its own initiative, the appellate court
having jurisdiction of the appeal may shorten or extend the time for transmittal of the record. If
the motion is filed after the prescribed time for transmitting the record has expired, the Court will
not extend the time unless the Court finds that the failure to transmit the record was caused by
the act or omission of a judge, a clerk of court, the court reporter, or the appellee.
HISTORY: (Amended Dec. 16, 1999, effective Jan. 1, 2000; amended Nov. 8, 2005, effective
Jan. 1, 2006; amended Sept. 10, 2009, effective Oct. 1, 2009.)
MARYLAND RULES
APPEALS
Md. Rule 8-413 (2012)
Rule 8-413. Record -- Contents and form
(a) Contents of record. The record on appeal shall include (1) a certified copy of the docket
entries in the lower court, (2) the transcript required by Rule 8-411, and (3) all original papers
filed in the action in the lower court except a supersedeas bond or alternative security and those
other items that the parties stipulate may be omitted. The clerk of the lower court shall append a
certificate clearly identifying the papers included in the record. The lower court may order that
the original papers in the action be kept in the lower court pending the appeal, in which case the
clerk of the lower court shall transmit only a certified copy of the original papers. The lower
court, by order, shall resolve any dispute whether the record accurately discloses what occurred
in the lower court, and shall cause the record to conform to its decision. When the Court of
Appeals reviews an action pending in or decided by the Court of Special Appeals, the record
shall also include the record of any proceedings in the Court of Special Appeals.
(b) Statement of case in lieu of entire record. If the parties agree that the questions presented by
an appeal can be determined without an examination of all the pleadings and evidence, they may
sign and, upon approval by the lower court, file a statement showing how the questions arose and
were decided, and setting forth only those facts or allegations that are essential to a decision of
the questions. The parties are strongly encouraged to agree to such a statement. The statement,
the judgment from which the appeal is taken, and any opinion of the lower court shall constitute
the record on appeal. The appellate court may, however, direct the lower court clerk to transmit
all or part of the balance of the record in the lower court as a supplement to the record on appeal.
The appellant shall reproduce the statement in the appellant's brief, either in lieu of the statement
of facts or as an appendix to the brief.
(c) Duties of lower court clerk. The clerk shall prepare and attach to the beginning of the record a
cover page, a complete table of contents, and the certified copy of the docket entries in the lower
court. The original papers shall be fastened together in one or more binders and numbered
consecutively, except that the pages of a transcript of testimony need not be renumbered. The
clerk shall also prepare and transmit with the record a statement of the cost of preparing and
certifying the record, the costs taxed against each party prior to the transmission of the record,
and the cost of all transcripts and of copies, if any, of the transcripts for each of the parties. The
clerk shall serve a copy of the docket entries on each party.
HISTORY: (Amended Mar. 30, 1993, effective July 1, 1993; amended Sept. 10, 2009, effective
Oct. 1, 2009.)
MARYLAND RULES
APPEALS
Md. Rule 8-414 (2012)
Rule 8-414. Correction of record
(a) Authority of appellate court. On motion or on its own initiative, the appellate court may
order that an error or omission in the record be corrected.
(b) Contents of motion. The motion shall specify the parts of the record or proceedings that are
alleged to be omitted or erroneous. A motion that is based on facts not contained in the record or
papers on file in the appellate court and not admitted by all the other parties shall be supported
by affidavit. The motion shall be accompanied by a proposed order which shall specify the
requested corrections or additions.
(c) Order to correct record. The order of the appellate court to correct the record constitutes the
correction. The Court may also direct the clerk to take any additional action to implement the
correction. An order to supplement the record shall be sent to the clerk of the lower court who
promptly shall transmit the additional parts of the record specified in the order.
(d) Effect on oral argument. Oral argument generally will not be postponed because of an error
or omission in the record. If a permitted correction or addition cannot be made to the record in
time for the scheduled oral argument, the appellate court may (1) postpone the argument or (2)
direct the argument to proceed as if the correction or addition had been made and permit it to be
filed after argument.
MARYLAND RULES
APPEALS
Md. Rule 8-415 (2012)
Rule 8-415. Procedures applicable when lower court record is made by videotape recording
(a) Scope. This Rule applies to an appeal from a judgment in any proceeding recorded by
means of videotape recording pursuant to Rule 16-405.
(b) Transcript.
(1) Generally. Unless the appellate court upon motion or on its own initiative orders otherwise, a
transcript shall be ordered and prepared as in other appeals. The transcript shall be ordered from
the person designated by the County Administrative Judge to arrange for the transcription of
videotape recordings. If the appellate court orders that no transcript or less than a full transcript
be filed, a party may obtain a transcript at the party's expense for use in preparing the appeal.
(2) Certification. The person preparing the transcript need not certify attendance at the
proceeding, but shall certify that the transcript represents a complete and accurate rendition of
the videotape.
(c) Record on appeal. Unless the appellate court orders otherwise, the videotape shall not be
transmitted to the appellate court as part of the record.
(d) When transcript not prepared. If the appellate court has ordered that a transcript not be
prepared, the parties shall, subject to Rule 8-501, include in a record extract a designation of
those parts of the videotape material to the questions presented. Upon receipt of the record
extract, the appellate court may order a party to file as a supplement to the record extract a
transcription of any part of the videotape directed by the court. The appellant's brief shall be filed
within 60 days after the filing of the record.
HISTORY: (Added Nov. 22, 1989, effective Jan. 1, 1990; amended June 5, 1996, effective Jan.
1, 1997; Apr. 8, 1997, effective July 1, 1997.)
MARYLAND RULES
APPEALS
Md. Rule 8-421 (2012)
Rule 8-421. Docketing of appeals
(a) Generally. The Clerk need not docket an appeal until the record in the action has been
received in the Clerk's office. In the Court of Special Appeals the Clerk need not docket the
appeal until the filing fee provided by Rule 8-201 (b) has been received by the Clerk or waived.
When the record is received on or after March first in any term, the Clerk shall place the appeal
on the docket for the next term.
(b) Separate appeals on same record. All appeals on the same record, whether in the same action
or in two or more actions consolidated in the lower court, shall be docketed as one action on
appeal.
MARYLAND RULES
APPEALS
Md. Rule 8-422 (2012)
Rule 8-422. Stay of enforcement of judgment

(a) Civil proceedings.
(1) Generally. Stay of an order granting an injunction is governed by Rules 2-632 and 8-425.
Except as otherwise provided in the Code or Rule 2-632, an appellant may stay the enforcement
of any other civil judgment from which an appeal is taken by filing with the clerk of the lower
court a supersedeas bond under Rule 8-423, alternative security as prescribed by Rule 1-402 (e),
or other security as provided in Rule 8-424. The bond or other security may be filed at any time
before satisfaction of the judgment, but enforcement shall be stayed only from the time the
security is filed.
Cross references. -- For provisions permitting a stay without the filing of a bond, see Code,
Family Law Article, 5-518 and Courts Article, 12-701 (a) (1). For provisions limiting the
extent of the stay upon the filing of a bond, see Code, Article 2B, 16-101; Courts Article, 12-
701 (a) (2); Insurance Article 2-215 (j) (2); and Tax-Property Article, 14-514. For general
provisions governing bonds filed in civil actions, see Title 1, Chapter 400 of these Rules.
(2) When security filed after partial execution. If a supersedeas bond or other security is filed
after partial execution on the judgment, the clerk of the lower court shall issue a writ directing
the sheriff who has possession of any property attached to stay further proceedings and surrender
the property upon payment of all accrued costs of the execution.
(3) Death of appellant. A bond or other security filed shall not be voided by the death of the
appellant pending the appeal.
(b) Criminal proceedings. Stay of enforcement of a judgment in a criminal proceeding is

governed by Rule 4-349.
Cross references. -- For provisions permitting a stay without the filing of a bond, see Code,
(c) Review of lower court action by the Court of Special Appeals. After an appeal has been filed,
on motion of a party who has first sought relief in the lower court, the Court of Special Appeals,
with or without a hearing, may (1) deny the motion; (2) increase, decrease, or fix the amount of
the supersedeas or criminal appeal bond; (3) enter an order as to the surety or security on the
bond, other security, or the conditions of the stay; or (4) enter an order directing further
proceedings in the lower court.
(d) Continuation in Court of Appeals of previously filed security. A bond or other security
previously filed to stay enforcement of a judgment of the lower court shall continue in effect
pending review of the case by the Court of Appeals. On motion, the Court of Appeals, with or
without a hearing, may take such action as may be appropriate, including increasing or
decreasing the amount of the bond, any security on the bond, or any other security.
HISTORY: (Amended May 9, 2000, effective July 1, 2000; Jan. 8, 2002, effective Feb. 1, 2002;
Oct. 31, 2002, effective Jan. 1, 2003.)
MARYLAND RULES
APPEALS
Md. Rule 8-423 (2012)
Rule 8-423. Supersedeas bond
(a) Condition of bond. Subject to section (b) of this Rule, a supersedeas bond shall be
conditioned upon the satisfaction in full of (1) the judgment from which the appeal is taken,
together with costs, interest, and damages for delay, if for any reason the appeal is dismissed or if
the judgment is affirmed, or (2) any modified judgment and costs, interest, and damages entered
or awarded on appeal.
(b) Amount of bond. Unless the parties otherwise agree, the amount of the bond shall be as
follows:
(1) Money judgment not otherwise secured. When the judgment is for the recovery of money not
otherwise secured, the amount of the bond shall be the sum that will cover the whole amount of
the judgment remaining unsatisfied plus interest and costs, except that the court, after taking into
consideration all relevant factors, may reduce the amount of the bond upon making specific
findings justifying the amount.
Cross references. -- Rule 1-402 (d); O'Donnell v. McGann, 310 Md. 342 (1987).
(2) Disposition of property. When the judgment determines the disposition of the property in
controversy (as in real actions, replevin, and actions to foreclose mortgages,) or when the
property, or the proceeds of its sale, is in the custody of the lower court or the sheriff, the amount
of the bond shall be the sum that will secure the amount recovered for the use and detention of
the property, interest, costs, and damages for delay.
(3) Other cases. In any other case, the amount of the bond shall be fixed by the lower court.
MARYLAND RULES
APPEALS
Md. Rule 8-424 (2012)
Rule 8-424. Money judgment covered by insurance

When an appeal is taken from a judgment entered against an insured in an action defended by
an insurer under a policy of insurance, all proceedings to enforce the judgment pending the
appeal shall be stayed to the extent of the policy coverage, if the insurer files with the clerk of the
lower court an affidavit of one of its officers or authorized agents describing the policy and the
amount of coverage, together with a written undertaking that if the judgment is affirmed or
modified or the appeal is dismissed, the insurer will pay the judgment, or that part affirmed, to
the extent of the limit of liability in the policy plus interest and costs. The insurer shall serve a
copy of the affidavit and undertaking on the judgment creditor. The insurer shall also give
written notice to the insured that (a) the enforcement of the judgment to the extent of the limit of
liability is stayed with respect to the insured and (b) if the limit of liability is less than the
amount of the judgment, the insured may obtain a stay of enforcement of the balance of the
judgment by filing a supersedeas bond in an amount set pursuant to Rule 8-423, not exceeding
the balance.
MARYLAND RULES
APPEALS
Md. Rule 8-425 (2012)
Rule 8-425. Injunction pending appeal
(a) Generally. During the pendency of an appeal, the Court of Special Appeals or the Court of
Appeals may issue (1) an order staying, suspending, modifying, or restoring an order entered by
the lower court or (2) an injunction, even if injunctive relief was sought and denied in the lower
court.
(b) Motion in circuit court. Unless it is not practicable to do so, a party shall file a motion in the
circuit court requesting relief pursuant to Rule 2-632 before requesting relief from the appellate
court under this Rule.
(c) Motion in appellate court. If a motion under Rule 2-632 is not practicable or such a motion
was denied by the circuit court or not ruled upon within a reasonable time, the party may file a
motion under this Rule in the Court of Special Appeals, or in the Court of Appeals when it has
assumed jurisdiction. The motion shall include the reason why it is impracticable to seek the
relief in the circuit court or, if a motion seeking the relief was considered by the circuit court, any
reason given by that court for denying or not affording the relief.
(d) Affidavit. A motion or a response filed in the appellate court that is based on facts not
contained in the papers or record on file in that Court shall be supported by affidavit or
accompanied by the papers or the part of the record on which it is based.
(e) Decision -- Court of Special Appeals. A motion filed in the Court of Special Appeals
ordinarily will be decided by a panel of that Court. In exceptional cases, when that is
impracticable because of time constraints, the Chief Judge, or in the absence of the Chief Judge,
any other judge of that Court may rule on the motion. The decision of an individual judge shall
be reviewed promptly by a panel of the Court of Special Appeals. An order of the Court of
Special Appeals granting or denying the motion or the failure of that Court to rule on the motion
within a reasonable time may be reviewed by the Court of Appeals on petition of a party.
(f) Decision -- Court of Appeals. A motion filed in the Court of Appeals pursuant to section (c)
of this Rule and a petition for review filed pursuant to section (e) of this Rule ordinarily will be
decided by the entire Court. In exceptional cases, when that is impracticable because of time
constraints, the Chief Judge, or in the absence of the Chief Judge, any other judge of that Court
may rule on the motion or petition. The decision of an individual judge shall be reviewed
promptly by the Court.
(g) Factors relevant to granting of injunctive relief. In determining whether injunctive relief
should be granted under this Rule, the Court shall consider the same factors that are relevant to
the granting of injunctive relief by a circuit court. The Court may condition the granting of relief
upon such terms as to bond or other security as it considers proper.
MARYLAND RULES
APPEALS
Md. Rule 8-431 (2012)
Rule 8-431. Motions
(a) Generally. An application to the Court for an order shall be by motion. The motion shall
state briefly and clearly the facts upon which it is based, and if other parties to the appeal have
agreed not to oppose the motion, it shall so state. The motion shall be accompanied by a
proposed order.
(b) Response. Except as provided in Rule 8-605 (a), any party may file a response to the motion.
Unless a different time is fixed by order of the Court, the response shall be filed within five days
after service of the motion.
(c) Affidavit. A motion or a response to a motion that is based on facts not contained in the
record or papers on file in the proceeding shall be supported by affidavit and accompanied by
any papers on which it is based.
(d) Statement of grounds and authorities. A motion and any response shall state with particularity
the grounds and the authorities in support of each ground.
(e) Filing; copies. The original of a motion and any response shall be filed with the Clerk. It shall
be accompanied by (1) seven copies when filed in the Court of Appeals and (2) four copies when
filed in the Court of Special Appeals, except as otherwise provided in these rules.
(f) Emergency order. In an emergency, the Court may rule on a party's motion before expiration
of the time for a response. The party requesting emergency relief shall file the certification
(g) Hearing. Except as otherwise provided in these rules, a motion may be acted on without a
hearing or may be set for hearing at the time and place and on the notice the Court prescribes.
MARYLAND RULES
APPEALS
Md. Rule 8-432 (2012)
Rule 8-432. Entry of order
(a) By Court. Unless concurrence of two or more judges is required, an order of the Court may
be entered by the Chief Judge, or in the absence of the Chief Judge, by any other judge of the
Court.
(b) By Clerk -- Extensions of time in Court of Special Appeals. When authorized by an

administrative order of the Court of Special Appeals, the Clerk of that Court may enter an order
on behalf of the Court granting a motion to extend the time for filing a record or brief if
(1) the motion is in proper form,
(2) a timely response in opposition to the motion has not been filed or all parties have agreed not
to oppose the granting of the motion, and
(3) granting the motion will not require a rescheduling of oral argument.
MARYLAND RULES
APPEALS
CHAPTER 500. RECORD EXTRACT, BRIEFS, AND ARGUMENT
Md. Rule 8-501 (2012)
Rule 8-501. Record extract
(a) Duty of appellant. Unless otherwise ordered by the appellate court or provided by this Rule,
the appellant shall prepare and file a record extract in every case in the Court of Appeals, subject
to section (k) of this Rule, and in every civil case in the Court of Special Appeals. The record
extract shall be included as an appendix to appellant's brief, or filed as a separate volume with
the brief in the number of copies required by Rule 8-502 (c).
(b) Exceptions. Unless otherwise ordered by the court, a record extract shall not be filed (1)
when an agreed statement of the case is filed pursuant to Rule 8-207 or 8-413 (b) or (2) in an
appeal in the Court of Special Appeals from a criminal case or from child in need of assistance
proceedings, extradition proceedings, inmate grievance proceedings, juvenile delinquency
proceedings, permanency planning proceedings, or termination of parental rights proceedings.
Cross references. -- See Rule 8-504 (b) for the contents of a required appendix to appellant's
brief in criminal cases in the Court of Special Appeals.
(c) Contents. The record extract shall contain all parts of the record that are reasonably necessary
for the determination of the questions presented by the appeal and any cross-appeal. It shall
include the circuit court docket entries, the judgment appealed from, and such other parts of the
record as are designated by the parties pursuant to section (d) of this Rule. In agreeing on or
designating parts of the record for inclusion in the record extract, the parties shall refrain from
unnecessary designation. The record extract shall not include those parts of the record that
support facts set forth in an agreed statement of facts or stipulation made pursuant to section (g)
of this Rule nor any part of a memorandum of law in the trial court, unless it has independent
relevance. The fact that a part of the record is not included in the record extract or an appendix to
a brief shall not preclude an appellate court from considering it.
(d) Designation by parties. Whenever possible, the parties shall agree on the parts of the record
to be included in the record extract. If the parties are unable to agree:
(1) Within 15 days after the filing of the record in the appellate court, the appellant shall serve
on the appellee a statement of those parts of the record that the appellant proposes to include in
the record extract.
(2) Within ten days thereafter, the appellee shall serve on the appellant a statement of any
additional parts of the record that the appellee desires to be included in the record extract.
(3) Within five days thereafter, the appellant shall serve on the appellee a statement of any
additional parts of the record that the appellant proposes to include in view of the parts of the
record designated by the appellee.
(4) If the appellant determines that a part of the record designated by the appellee is not material
to the questions presented, the appellant may demand from appellee advance payment of the
estimated cost of reproducing that part. Unless the appellee pays for or secures that cost within
five days after receiving the appellant's demand, the appellant may omit that part from the record
extract but shall state in the record extract the reason for the omission.
(e) Appendix in appellee's brief. If the record extract does not contain a part of the record that the
appellee believes is material, the appellee may reproduce that part of the record as an appendix to
the appellee's brief together with a statement of the reasons for the additional part. The cost of
producing the appendix may be withheld or divided under section (b) of Rule 8-607.
(f) Appendix in appellant's reply brief. The appellant may include as an appendix to a reply brief
any additional part of the record that the appellant believes is material in view of the appellee's
brief or appendix. The appendix to the appellant's reply brief shall be prefaced by a statement of
the reasons for the additional part. The cost of producing the appendix may be withheld or
divided under section (b) of Rule 8-607.
(g) Agreed statement of facts or stipulation. The parties may agree on a statement of undisputed
facts that may be included in a record extract or, if the parties agree, as all or part of the
statement of facts in the appellant's brief. As to disputed facts, the parties may include in the
record extract, in place of any testimony or exhibit, a stipulation that summarizes the testimony
or exhibit. The stipulation may state all or part of the testimony in narrative form. Any statement
of facts or stipulation shall contain references to the page of the record and transcript. The parties
are strongly encouraged to agree to such a statement of facts or stipulation.
(h) Table of contents. If the record extract is produced as an appendix to a brief, the table of
contents required under section (a) of Rule 8-504 shall include the contents of the appendix. If
the record extract is produced as a separate volume, it shall be prefaced by its own table of
contents. The table of contents shall (1) reference the first page of the initial examination, cross-
examination, and redirect examination of each witness and of each pleading, exhibit, or other
paper reproduced and (2) identify each document by a descriptive phrase including any exhibit
number.
(i) Style and format. The numbering of pages, binding, method of referencing, and covers of the
record extract, whether an appendix to a brief or a separate volume, shall conform to sections (a)
through (c) of Rule 8-503. Except as otherwise provided in this section and in section (g) of this
Rule, the record extract shall reproduce verbatim the parts of the record that are included.
Asterisks or other appropriate means shall be used to indicate omissions in the testimony or in
exhibits. Reference shall be made to the pages of the record and transcript. The date of filing of
each paper reproduced in the extract shall be stated at the head of the copy. If the transcript of
testimony is reproduced, the pages shall be consecutively renumbered. Documents and excerpts
of a transcript of testimony presented to the trial court more than once shall be reproduced in full
only once in the record extract and may be referred to in whole or in part elsewhere in the record
extract. Any photograph, document, or other paper filed as an exhibit and included in the record
extract shall be included in all copies of the record extract and may be either folded to the
appropriate size or photographically or mechanically reduced, so long as its legibility is not
impaired.
(j) Correction of inadvertent errors. Material inadvertently omitted from the record extract may
be included in an appendix to a brief, including a reply brief. Other inadvertent omissions or
misstatements in the record extract or in any appendix may be corrected by direction of the
appellate court on motion or on the Court's own initiative.
(k) Record extract in Court of Appeals on review of case from Court of Special Appeals. When a
writ of certiorari is issued to review a case pending in or decided by the Court of Special
Appeals, unless the Court of Appeals orders otherwise, the appellant shall file in that Court 20
copies of any record extract that was filed in the Court of Special Appeals within the time the
appellant's brief is due. If a record extract was not filed in the Court of Special Appeals or if the
Court of Appeals orders that a new record extract be filed, the appellant shall prepare and file a
record extract pursuant to this Rule.
(l) Deferred record extract; special provisions regarding filing of briefs.
(1) If the parties so agree in a written stipulation filed with the Clerk or if the appellate court so
orders on motion or on its own initiative, the preparation and filing of the record extract may be
deferred in accordance with this section. The provisions of section (d) of this Rule apply to a
deferred record extract, except that the designations referred to therein shall be made by each
party at the time that party serves the page-proof copies of its brief.
(2) If a deferred record extract authorized by this section is employed, the appellant, within 30
days after the filing of the record, shall file four page-proof copies of the brief if the case is in the
Court of Special Appeals, or one copy if the case is in the Court of Appeals, and shall serve two
copies on the appellee. Within 30 days after the filing of the page-proof copies of the appellant's
brief, the appellee shall file one page-proof copy of the brief and shall serve two copies on the
appellant. The page-proof copies shall contain appropriate references to the pages of the parts of
the record involved.
(3) Within 25 days after the filing of the page-proof copy of the appellee's brief, the appellant
shall file the deferred record extract, and the appellant's final briefs. Within five days after the
filing of the deferred record extract, the appellee shall file its final briefs.
(4) The appellant may file a reply brief in final form within 20 days after the filing of the
appellee's final brief, but not later than ten days before the date of scheduled argument.
(5) In a cross-appeal:
(A) within 30 days after the filing of the page-proof copies of the appellee/cross-appellant's
brief, the appellant/cross-appellee shall file one page-proof copy of a brief in response to the
issues and argument raised on the cross-appeal and shall include any reply to the appellee's
response that the appellant wishes to file;
(B) within 25 days after the filing of the cross-appellee/appellant's reply brief, the appellant shall
file the deferred record extract, the appellant's final briefs, and the final cross-
appellee's/appellant's reply briefs;
(C) within five days after the filing of the deferred record extract, the appellee shall file its final
appellee/cross-appellant's briefs; and
(D) the appellee/cross-appellant may file in final form a reply to the cross-appellee's response
within 20 days after the filing of the cross-appellee's final brief, but not later than ten days before
the date of scheduled argument.
(6) The deferred record extract and final briefs shall be filed in the number of copies required by
Rules 8-502 (c) and 8-501 (a). The briefs shall contain appropriate references to the pages of the
record extract. The deferred record extract shall contain only the items required by Rule 8-501
(c), those parts of the record actually referred to in the briefs, and any material needed to put
those references in context. No changes may be made in the briefs as initially served and filed
except (A) to insert the references to the pages of the record extract, (B) to correct typographical
errors, and (C) to take account of a change in the law occurring since the filing of the page-proof
briefs.
(7) The time for filing page-proof copies of a brief or final briefs may be extended by stipulation
of counsel filed with the clerk so long as the final briefs set out in subsections (3) and (5) of this
section are filed at least 30 days, and any reply brief set out in subsections (4) and (5) of this
section is filed at least ten days, before the scheduled argument.
(m) Sanctions for noncompliance. Ordinarily, an appeal will not be dismissed for failure to file a
record extract in compliance with this Rule. If a record extract is not filed within the time
prescribed by Rule 8-502, or on its face fails to comply with this Rule, the appellate court may
direct the filing of a proper record extract within a specified time and, subject to Rule 8-607, may
require a non-complying attorney or unrepresented party to advance all or part of the cost of
printing the extract. The appellate court may dismiss the appeal for non-compliance with an
order entered under this section.
HISTORY: (Amended Nov. 23, 1988, effective Jan. 1, 1989; Mar. 30, 1993, effective July 1,
1993; Dec. 10, 1996, effective July 1, 1997; Mar. 5, 2001, effective July 1, 2001; Nov. 12, 2003,
effective Jan. 1, 2004; April 5, 2005, effective July 1, 2005; amended Sept. 10, 2009, effective
Oct. 1, 2009.)
MARYLAND RULES
APPEALS
Md. Rule 8-502 (2012)
Rule 8-502. Filing of briefs
(a) Duty to file; time. Unless otherwise ordered by the appellate court:
(1) Appellant's brief. Within 40 days after the filing of the record, an appellant other than a cross-
appellant shall file a brief conforming to the requirements of Rule 8-503.
(2) Appellee's brief. Within 30 days after the filing of the appellant's brief, the appellee shall file
a brief conforming to the requirements of Rule 8-503.
(3) Appellant's reply brief. The appellant may file a reply brief within 20 days after the filing of
the appellee's brief, but in any event not later than ten days before the date of scheduled
argument.
(4) Cross-appellant's brief. An appellee who is also a cross-appellant shall include in the brief
filed pursuant to subsection (2) of this section the issues and arguments on the cross-appeal as
well as the response to the brief of the appellant, and shall not file a separate cross-appellant's
brief.
(5) Cross-appellee's brief. Within 30 days after the filing of that brief, the appellant/cross-
appellee shall file a brief in response to the issues and argument raised on the cross-appeal and
shall include any reply to the appellee's response that the appellant wishes to file.
(6) Cross-appellant's reply brief. The appellee/cross-appellant may file a reply to the cross-
appellee's response within 20 days after the filing of the cross-appellee's brief, but in any event
not later than ten days before the date of scheduled argument.
(7) Multiple appellants or appellees. In an appeal involving more than one appellant or appellee,
including actions consolidated for purposes of the appeal, any number of appellants or appellees
may join in a single brief.
(8) Court of special appeals review of discharge for unconstitutionality of law. No briefs need be
filed in a review by the Court of Special Appeals under Code, Courts Article, 3-706.
(b) Extension of time. The time for filing a brief may be extended by (1) stipulation of counsel
filed with the clerk so long as the appellant's brief and the appellee's brief are filed at least 30
days, and any reply brief is filed at least ten days, before the scheduled argument, or (2) order of
the appellate court entered on its own initiative or on motion filed pursuant to Rule 1-204.
(c) Filing and service. In an appeal to the Court of Special Appeals, 15 copies of each brief and
10 copies of each record extract shall be filed, unless otherwise ordered by the court.
Incarcerated or institutionalized parties who are self-represented shall file nine copies of each
brief and nine copies of each record extract. In the Court of Appeals, 20 copies of each brief and
record extract shall be filed, unless otherwise ordered by the court. Two copies of each brief and
record extract shall be served on each party pursuant to Rule 1-321.
(d) Default. If an appellant fails to file a brief within the time prescribed by this Rule, the appeal
may be dismissed pursuant to Rule 8-602 (a) (7). An appellee who fails to file a brief within the
time prescribed by this Rule may not present argument except with permission of the Court.
HISTORY: (Amended June 5, 1996, effective January 1, 1997; amended March 5, 2001,
effective July 1, 2001; amended April 5, 2005, effective July 1, 2005; amended September 10,
2009, effective Oct. 1, 2009; amended September 8, 2011, effective January 1, 2012.)
MARYLAND RULES
APPEALS
Md. Rule 8-503 (2012)

Rule 8-503. Style and form of briefs
(a) Numbering of pages; binding. The pages of a brief shall be consecutively numbered. The
brief shall be securely bound along the left margin.
(b) References. References to the record extract shall be indicated as (E

........), to any appendix to appellant's brief as (App ........), to an
appendix to appellee's brief as (Apx ........), and to an appendix to a reply
brief as (Rep. App ........). If the case falls within an exception listed in
Rule 8-501 (b), references to the transcript of testimony contained in the
record shall be indicated as (T ........) and other references to the record
shall be indicated as (R ........).
(c) Covers. A brief shall have a back and cover of the following color:
(1) In the Court of Special Appeals:
(A) appellant's brief -- yellow;
(B) appellee's brief -- green;
(C) reply brief -- light red;
(D) amicus curiae brief -- gray;
(E) briefs of incarcerated or institutionalized parties who are self-represented -- white.
(2) In the Court of Appeals:
(A) appellant's brief -- white;
(B) appellee's brief -- blue;
(C) reply brief -- tan;
(D) amicus curiae brief -- gray.
The cover page shall contain the name of the appellate court, the caption of the case on appeal,
and the case number on appeal, as well as the name, address, telephone number, and e-mail
address, if available, of at least one attorney for a party represented by an attorney or of the party
if not represented by an attorney. If the appeal is from a decision of a trial court, the cover page
shall also name the trial court and each judge of that court whose ruling is at issue in the appeal.
The name typed or printed on the cover constitutes a signature for purposes of Rule 1-311.
(d) Length. Except as otherwise provided in section (e) of this Rule or with permission of the
Court, a brief of the appellant and appellee shall not exceed 35 pages in the Court of Special
Appeals or 50 pages in the Court of Appeals. This limitation does not apply to (1) the table of
contents and citations required by Rule 8-504 (a) (1); (2) the citation and text required by Rule 8-
504 (a) (7); and a motion to dismiss and argument supporting or opposing the motion. Except
with permission of the Court, any portion of a brief pertaining to a motion to dismiss shall not
exceed an additional ten pages in the Court of Special Appeals or 25 pages in the Court of
Appeals. Any reply brief filed by the appellant shall not exceed 15 pages in the Court of Special
Appeals or 25 pages in the Court of Appeals.
(e) Briefs of cross-appellant and cross-appellee. In cases involving cross-appeals, the brief filed
by the appellee/cross-appellant shall have a back and cover the color of an appellee's brief and
shall not exceed 50 pages. The responsive brief filed by the appellant/cross-appellee shall have a
back and cover the color of a reply brief and shall not exceed (1) 50 pages in the Court of
Appeals or (2) in the Court of Special Appeals (A) 35 pages if no reply to the appellee's answer
is included or (B) 50 pages if a reply is included.
(f) Incorporation by reference. In a case involving more than one appellant or appellee, any
appellant or appellee may adopt by reference any part of the brief of another.
(g) Effect of noncompliance. For noncompliance with this Rule, the appellate court may dismiss
the appeal or make any other appropriate order with respect to the case, including an order that
an improperly prepared brief be reproduced at the expense of the attorney for the party for whom
the brief was filed.
HISTORY: (Amended December 16, 1999, effective January 1, 2000; amended November 12,
2003, effective January 1, 2004; amended September 10, 2009, effective October 1, 2009;
amended September 8, 2011, effective January 1, 2012.)
MARYLAND RULES
APPEALS
Md. Rule 8-504 (2012)
Rule 8-504. Contents of brief
(a) Contents. A brief shall comply with the requirements of Rule 8-112 and include the
following items in the order listed:
(1) A table of contents and a table of citations of cases, constitutional provisions, statutes,
ordinances, rules, and regulations, with cases alphabetically arranged. When a reported Maryland
case is cited, the citation shall include a reference to the official Report.
Cross references. -- Citation of unreported opinions is governed by Rule 1-104.
(2) A brief statement of the case, indicating the nature of the case, the course of the proceedings,
and the disposition in the lower court, except that the appellee's brief shall not contain a
statement of the case unless the appellee disagrees with the statement in the appellant's brief.
(3) A statement of the questions presented, separately numbered, indicating the legal
propositions involved and the questions of fact at issue expressed in the terms and circumstances
of the case without unnecessary detail.
(4) A clear concise statement of the facts material to a determination of the questions presented,
except that the appellee's brief shall contain a statement of only those additional facts necessary
to correct or amplify the statement in the appellant's brief. Reference shall be made to the pages
of the record extract supporting the assertions. If pursuant to these rules or by leave of court a
record extract is not filed, reference shall be made to the pages of the record or to the transcript
of testimony as contained in the record.
(5) A concise statement of the applicable standard of review for each issue, which may appear in
the discussion of the issue or under a separate heading placed before the argument.
(6) Argument in support of the party's position on each issue.
(7) A short conclusion stating the precise relief sought.
(8) The citation and verbatim text of all pertinent constitutional provisions, statutes, ordinances,
rules, and regulations except that the appellee's brief shall contain only those not included in the
appellant's brief.
(9) If the brief is prepared with proportionally spaced type, the font used and the type size in
points shall be stated on the last page.
Cross references. -- For requirements concerning the form of a brief, see Rule 8-112.
(b) Appendix. Unless the material is included in the record extract pursuant to Rule 8-501, the
appellant shall reproduce, as an appendix to the brief, the pertinent part of every ruling, opinion,
or jury instruction of each lower court that deals with points raised by the appellant on appeal. If
the appellee believes that the part reproduced by the appellant is inadequate, the appellee shall
reproduce, as an appendix to the appellee's brief, any additional part of the instructions or
opinion believed necessary by the appellee.
Committee note. -- Rule 8-501 (j) allows a party to include in an appendix to a brief any material
that inadvertently was omitted from the record extract.
(c) Effect of noncompliance. For noncompliance with this Rule, the appellate court may dismiss
the appeal or make any other appropriate order with respect to the case, including an order that
an improperly prepared brief be reproduced at the expense of the attorney for the party for whom
the brief was filed.
HISTORY: (Amended December 10, 1996, effective July 1, 1997; December 16, 1999,
effective January 1, 2000; March 5, 2001, effective July 1, 2001; November 12, 2003, effective
January 1, 2004; amended September 10, 2009, effective October 1, 2009; amended September
8, 2011, effective January 1, 2012.)
MARYLAND RULES
APPEALS
Md. Rule 8-505 (2012)
Rule 8-505. Briefs -- Indigents
When the lower court has ordered that costs be paid by the State of Maryland pursuant to Rule
1-325 (b) or in any case in which a party to the appeal is represented by the Public Defender, that
party's brief, reply brief, and other documents required to be filed by that party in the appellate
court shall be reproduced under the supervision of the Public Defender.
MARYLAND RULES
APPEALS
Md. Rule 8-511 (2012)

Rule 8-511. Amicus curiae
(a) Generally. A person may participate as an amicus curiae only with permission of the Court.
(b) Brief. The Court, on motion of an amicus curiae or a party or on its own initiative, may grant
permission to the amicus curiae to file a brief. A motion requesting permission for an amicus
curiae to file a brief shall (1) identify the interest of the amicus curiae, (2) state the reasons why
the amicus brief is desirable, (3) state the issues that the amicus curiae intends to raise, and (4)
identify every person or entity, other than the amicus curiae, its members, or its counsel, who
made a monetary or other contribution to the preparation or submission of the brief, and identify
the nature of the contribution. The style (except for the color of the cover), content, and time for
filing of the amicus brief shall be the same as prescribed by these rules for the brief of the party
whose position as to affirmance or reversal the amicus curiae supports.
(c) Oral argument. The amicus curiae shall not participate in oral argument without permission
of the Court. Permission shall be granted only for extraordinary reasons.

MARYLAND RULES
APPEALS
Md. Rule 8-521 (2012)
Rule 8-521. Assignment of cases
(a) Regular order. Unless advanced or postponed pursuant to this Rule, cases ordinarily will be
assigned for successive sessions of the Court on the basis of their numerical order as they appear
on the court docket, but the cases assigned for any session may be assigned for argument at that
session without regard to their numerical order. Upon request of the Clerk, a party shall furnish
an estimate of the time required for that party's argument. Argument shall be held on the day
scheduled, unless postponed pursuant to this Rule.
(b) Advancement or postponement of case. A case may be advanced or postponed on motion of a

party or on the Court's own initiative. Argument will not be postponed because of the absence of
an attorney or a self-represented party on either side unless the absence is caused by sickness or
other sufficient cause. Unless briefs have already been filed, an order advancing argument shall
fix the times for filing briefs.
MARYLAND RULES
APPEALS
Md. Rule 8-522 (2012)

Rule 8-522. Oral argument
(a) Time limit. Except with permission of the Court, oral argument is limited to 30 minutes for
each side. The Court of Special Appeals may prescribe a shorter period when it grants a request
for oral argument pursuant to Rule 8-523 (b) (2), or upon the direction of the Chief Judge, when
necessary to enable the Court to dispose of the cases scheduled for oral argument. A party who
believes that additional time is necessary for the adequate presentation of oral argument, may
request, by letter addressed to the Court, the addition time deemed necessary. The request shall
be made no later than ten days after the filing of the appellee's brief.
(b) Rebuttal. The appellant may reserve a portion of the time allowed for rebuttal, but in opening
argument shall present the case fairly and completely and shall not reserve points of substance
for presentation during rebuttal.
(c) Number of counsel. Except with permission of the Court, not more than two attorneys may
argue for a side. In granting a request for oral argument pursuant to Rule 8-523 (b) (2), the Court
of Special Appeals may direct that only one attorney may argue for a side. When more than one
attorney will argue for a side, the time allowed for the side may be divided as they desire.
(d) More than one appeal in same action -- Order of argument. When there is more than one
appeal in the same action, the order of argument may be determined by the Court. If the Court
does not determine the order and unless otherwise agreed by parties, the appellant first in order
on the docket will open and close.
(e) Failure to appear. If a party fails to appear when the case is reached for argument, the adverse
party may present oral argument or, with permission of the Court, may waive it.
(f) Restriction on oral argument. The Court may decline to hear oral argument on any matter not
presented in the briefs.
MARYLAND RULES
APPEALS
Md. Rule 8-523 (2012)
Rule 8-523. Consideration on brief
(a) Submission on brief by party.
(1) In Court of Special Appeals. In the Court of Special Appeals, a party may submit an appeal
for consideration on brief by informing the Clerk and the other parties. The Court may require
oral argument from either side or both sides, notwithstanding the submission on brief.
(2) In Court of Appeals. In the Court of Appeals a party may not submit an appeal for
consideration on brief except with permission of the Court. A request to submit on brief shall be
made in writing at least 15 days before argument.
(b) Directed by Court of Special Appeals.
(1) When directed. In the Court of Special Appeals, if all the judges of the panel to which an
appeal has been assigned conclude, after the filing of the appellant's brief, that oral argument
would not be of assistance to the Court because of the nature of the questions raised, the Court
shall direct that the appeal be considered on brief without oral argument. The Clerk shall
promptly mail notice to all parties that the Court has directed consideration of the appeal on
brief.
(2) Request for oral argument. If pursuant to subsection (1) of this section the Court directs that
an appeal be considered on brief without oral argument, any party may file a request for oral
argument. The request shall be filed within ten days after the later of (A) the date the Clerk mails
the notice required by subsection (1) of this section or (B) the date the appellee's brief is filed. If
the Court grants the request for oral argument, the appeal shall be assigned for argument
pursuant to Rule 8-521. Unless the Court specifies otherwise in its order granting the request,
oral argument shall be as provided in Rule 8-522.
MARYLAND RULES
APPEALS
CHAPTER 600. DISPOSITION
Md. Rule 8-601 (2012)
Rule 8-601. Dismissal of appeal by appellant
(a) By notice of dismissal. An appellant may dismiss an appeal without permission of the Court
by filing a notice of dismissal at any time before the filing of the opinion of the Court. Dismissal
of an appeal shall not affect a cross-appeal that is timely filed.
(b) Where filed. The notice of dismissal shall be filed in the appellate court. If the record is in the
lower court at the time the notice is filed, the appellant shall file a copy of the notice with the
clerk of the lower court.
(c) Costs. Unless otherwise provided by stipulation of the parties or order of the Court, the
dismissing party is responsible for all costs of the appeal or the part dismissed.
MARYLAND RULES
APPEALS
Md. Rule 8-602 (2012)
Rule 8-602. Dismissal by Court
(a) Grounds. On motion or on its own initiative, the Court may dismiss an appeal for any of the
following reasons:
(1) the appeal is not allowed by these rules or other law;
(2) the appeal was not properly taken pursuant to Rule 8-201;
(3) the notice of appeal was not filed with the lower court within the time prescribed by Rule 8-
202;
(4) the appellant has failed to comply with the requirements of Rule 8-205;
(5) the record was not transmitted within the time prescribed by Rule 8-412, unless the court
finds that the failure to transmit the record was caused by the act or omission of a judge, a clerk
of court, the court reporter, or the appellee;
(6) the contents of the record do not comply with Rule 8-413;
(7) a brief or record extract was not filed by the appellant within the time prescribed by Rule 8-
502;
(8) the style, contents, size, format, legibility, or method of reproduction of a brief, appendix, or
record extract does not comply with Rules 8-112, 8-501, 8-503, or 8-504;
(9) the proper person was not substituted for the appellant pursuant to Rule 8-401; or
(10) the case has become moot.
Cross references. -- Rule 8-501 (m).
(b) Determination by Court. An order of the Court dismissing an appeal or denying a motion to
dismiss an appeal may be entered by the Chief Judge, an individual judge of the Court
designated by the Chief Judge, or the number of judges required by law to decide an appeal.
Cross references. -- For the number of judges required by law to decide an appeal, see Maryland
Constitution, Article IV, 14 and Code, Courts Article, 1-403.
(c) Reconsideration of dismissal.
(1) Motion for Reconsideration. No later than 10 days after the entry of an order dismissing an
appeal, a party may file a motion for reconsideration of the dismissal.
(2) Number of Judges; Exception. A motion for reconsideration shall be determined by the
number of judges required by law to decide an appeal, except that an individual judge who
entered an order of dismissal may rescind the order and reinstate the appeal. The judges who
determine the motion for reconsideration may include one or more of the judges who entered the
order of dismissal.
Committee note. -- Although an individual judge who entered an order of dismissal may rescind
the order and reinstate the appeal upon a timely filed motion for reconsideration, a motion for
reconsideration of the dismissal may be denied only by the number of judges required by law to
decide an appeal.
(3) Determination of Motion for Reconsideration. The Court shall rescind an order of dismissal
if:
(A) the Court determines that the appeal should not have been dismissed;
(B) the appeal was dismissed pursuant to subsection (a)(4), (a)(5), or (a)(7) of this Rule and the
Court finds that there was good cause for the failure to comply with the applicable subsection of
the Rule; or
(C) the appeal was dismissed pursuant to subsection (a)(4), (a)(5), (a)(6), (a)(7), (a)(8), or (a)(9)
of this Rule and the Court finds that the interests of justice require reinstatement of the appeal.
(4) Reinstatement. If an order of dismissal is rescinded, the case shall be reinstated on the docket
on the terms and conditions prescribed by the Court.
(5) No Further Reconsideration by the Court. If an order dismissing an appeal is reconsidered

under this section, the party who filed the motion for reconsideration may not obtain further
reconsideration of the motion.
(d) Judgment entered after notice filed. A notice of appeal filed after the announcement or
signing by the trial court of a ruling, decision, order, or judgment but before entry of the ruling,
decision, order, or judgment on the docket shall be treated as filed on the same day as, but after,
the entry on the docket.
(e) Entry of judgment not directed under Rule 2-602.
(1) If the appellate court determines that the order from which the appeal is taken was not a final
judgment when the notice of appeal was filed but that the lower court had discretion to direct the
entry of a final judgment pursuant to Rule 2-602 (b), the appellate court may, as it finds
appropriate, (A) dismiss the appeal, (B) remand the case for the lower court to decide whether to
direct the entry of a final judgment, (C) enter a final judgment on its own initiative or (D) if a
final judgment was entered by the lower court after the notice of appeal was filed, treat the notice
of appeal as if filed on the same day as, but after, the entry of the judgment.
(2) If, upon remand, the lower court decides not to direct entry of a final judgment pursuant to
Rule 2-602 (b), the lower court shall promptly notify the appellate court of its decision and the
appellate court shall dismiss the appeal. If, upon remand, the lower court determines that there is
no just reason for delay and directs the entry of a final judgment pursuant to Rule 2-602 (b), the
case shall be returned to the appellate court after entry of the judgment. The appellate court shall
treat the notice of appeal as if filed on the date of entry of the judgment.
(3) If the appellate court enters a final judgment on its own initiative, it shall treat the notice of
appeal as if filed on the date of the entry of the judgment and proceed with the appeal.
1997; Apr. 8, 1997, effective Oct. 1, 1997; Oct. 31, 2002, effective Jan. 1, 2003; April 5, 2005,
effective July 1, 2005; amended Sept. 10, 2009, effective Oct. 1, 2009.)
MARYLAND RULES
APPEALS
Md. Rule 8-603 (2012)
Rule 8-603. Motion to dismiss appeal
(a) Time for filing. Unless included in the appellee's brief as permitted by section (c) of this
Rule or by order of the appellate court, a motion to dismiss shall be filed within the following
time periods:
(1) ten days after the record was or should have been filed pursuant to Rule 8-412 if the motion
is based on subsection (a) (2), (3), (5), or (6) of Rule 8-602;
(2) ten days after the information report was or should have been filed pursuant to Rule 8-205 if
the motion is based on subsection (a) (4) of Rule 8-602;
(3) ten days after the appellant's brief was or should have been filed pursuant to Rule 8-502 if
the motion is based on subsection (a) (7) or (8) of Rule 8-602;
(4) ten days after the case becomes moot, if the motion is based on subsection (a) (10) of Rule 8-
602.
(b) Where filed; number of copies. A motion to dismiss and any response shall be filed with the
Clerk of the appellate court. If the motion or response is not included in a brief as permitted by
section (c) of this Rule, an original shall be filed together with three copies in the Court of
Special Appeals or seven copies in the Court of Appeals.
(c) Included in appellee's brief. A motion to dismiss based on subsection (a) (1), (2), (3), (9), or
(10) of Rule 8-602 may be included in the appellee's brief. The appellant may include in a reply
brief any response to the motion.
(d) Affidavit. A motion to dismiss or response that is based on facts not contained in the record
or papers on file in the appellate court shall be supported by affidavit and accompanied by any
part of the record or papers on which it is based.
(e) Request for hearing. A party desiring oral argument on a motion to dismiss in advance of
argument on the merits shall so request in the motion or response under the heading "Request for
Hearing."
(f) Separate oral argument.
(1) Not unless directed by the Court. Oral argument on a motion to dismiss will not be held in
advance of argument on the merits unless directed by order of the Court.
(2) Briefs. If the Court directs oral argument on a motion to dismiss in advance of argument on
the merits, the parties, with permission of the Court, may file briefs in support of or in opposition
to the motion. Not later than one day before the date assigned for argument (A) an original shall
be filed with the Clerk together with three copies in the Court of Special Appeals or seven copies
in the Court of Appeals, and (B) a copy shall be delivered to other parties. Unless otherwise
ordered by the Court, the briefs shall not exceed ten pages in the Court of Special Appeals or 25
pages in the Court of Appeals.
(3) Time; number of counsel. Unless otherwise ordered by the Court, separate oral argument on a
motion to dismiss is restricted to 15 minutes for each side, and only one attorney may argue for
each side.
MARYLAND RULES
APPEALS
Md. Rule 8-604 (2012)
(a) Generally. As to each party to an appeal, the Court shall dispose of an appeal in one of the
following ways:
(1) dismiss the appeal pursuant to Rule 8-602;
(2) affirm the judgment;
(3) vacate or reverse the judgment;
(4) modify the judgment;
(5) remand the action to a lower court in accordance with section (d) of this Rule; or
(6) an appropriate combination of the above.
(b) Affirmance in part and reversal, modification, or remand in part. If the Court concludes that
error affects a severable part of the action, the Court, as to that severable part, may reverse or
modify the judgment or remand the action to a lower court for further proceedings and, as to the
other parts, affirm the judgment.
(c) Correctible error.
(1) Matters of form. A judgment will not be reversed on grounds of form if the Court concludes
that there is sufficient substance to enable the Court to proceed. For that purpose, the appellate
court shall permit any entry to be made by either party during the pendency of the appeal that
might have been made by that party in the lower court after verdict by the jury or decision by the
court.
(2) Excessive amount of judgment. A judgment will not be reversed because it is for a larger
amount than claimed in the complaint if the plaintiff files in the appellate court a release of the
excess.
(3) Modified judgment. For purposes of implementing subsections (1) and (2), the Court may
modify the judgment.
(d) Remand.
(1) Generally. If the Court concludes that the substantial merits of a case will not be determined
by affirming, reversing or modifying the judgment, or that justice will be served by permitting
further proceedings, the Court may remand the case to a lower court. In the order remanding a
case, the appellate court shall state the purpose for the remand. The order of remand and the
opinion upon which the order is based are conclusive as to the points decided. Upon remand, the
lower court shall conduct any further proceedings necessary to determine the action in
accordance with the opinion and order of the appellate court.
Committee note. -- This Rule is not intended to change existing case law regarding limited
remands in criminal cases; see Gill v. State, 265 Md. 350 (1972); Weiner v. State, 290 Md. 425
(1981); Reid v. State, 305 Md. 9 (1985).
(2) Criminal case. In a criminal case, if the appellate court reverses the judgment for error in the
sentence or sentencing proceeding, the Court shall remand the case for resentencing.
(3) Request for impleader of the subsequent injury fund in an appeal from a workers'
compensation commission decision.
(A) Generally. If a party files a request for impleader of the Subsequent Injury Fund before the
record on appeal has been filed, the Court shall grant the request. If a party files a request for
impleader after the record on appeal is filed, the Court shall determine whether there is good
cause to grant the request.
(B) Order granting request for impleader. If the Court grants a request for impleader, the Court
shall suspend further proceedings and remand the case to the Workers' Compensation
Commission for further proceedings.
(C) Information to be provided to the subsequent injury fund and parties. Within 10 days after
the date of an order granting a request for impleader, the impleading party shall provide to the
Subsequent Injury Fund and all other parties:
(i) a copy of the original claim, any amendments, each issue previously filed, and any award or
order entered by the Commission on the claim;
(ii) identification, by claim number if available, of prior awards or settlements to the claimant
for permanent disability made or approved by the Commission, by a comparable commission of
another state as defined in Code, Labor and Employment Article, 1-101;
(iii) all relevant medical evidence relied on to implead the Subsequent Injury Fund; and
(iv) a certification that a copy of the request for impleader and all required information and
documents have been mailed to the Subsequent Injury Fund and all other parties.
Cross references. -- COMAR 14.09.01.13.
(e) Entry of judgment. In reversing or modifying a judgment in whole or in part, the Court may
enter an appropriate judgment directly or may order the lower court to do so.
MARYLAND RULES
APPEALS
Md. Rule 8-605 (2012)
Rule 8-605. Reconsideration
(a) Motion; response; no oral argument. Except as otherwise provided in Rule 8-602 (c), a
party may file pursuant to this Rule a motion for reconsideration of a decision by the Court that
disposes of the appeal. The motion shall be filed (1) before issuance of the mandate or (2) within
30 days after the filing of the opinion of the Court, whichever is earlier. A response to a motion
for reconsideration may not be filed unless requested on behalf of the Court by at least one judge
who concurred in the opinion or order. Except to make changes in the opinion that do not change
the decision in the case, the Court ordinarily will not grant a motion for reconsideration unless it
has requested a response. There shall be no oral argument on the motion.
(b) Length. A motion or response filed pursuant to this Rule shall not exceed 15 pages.
(c) Copies -- Filing.
(1) In Court of Special Appeals. In the Court of Special Appeals, the original of the motion and
any response shall be filed together with four copies if the opinion of the Court was unreported
or 13 copies if reported.
(2) In Court of Appeals. In the Court of Appeals, the original and seven copies of the motion and
any response shall be filed.
(d) Mandate to be delayed. A motion for reconsideration shall delay issuance of a mandate,
unless otherwise ordered by the Court.
(e) Disposition of motion. A motion for reconsideration shall be granted only with the consent of
at least half the judges who concurred in the opinion. If a motion for reconsideration is granted,
the Court may make a final disposition of the appeal without reargument, restore the appeal to
the calendar for argument, or make other orders, including modification or clarification of its
opinion, as the Court finds appropriate.
1994.)
MARYLAND RULES
APPEALS
Md. Rule 8-605.1 (2012)
Rule 8-605.1. Reporting of opinions of the Court of Special Appeals
(a) Reporting of opinions. The Court of Special Appeals shall designate for reporting only
those opinions that are of substantial interest as precedents.
(b) Request for reporting of unreported opinion. At any time before the mandate issues, the Court
of Special Appeals, on its own initiative or at the request of a party or nonparty filed before the
date on which the mandate is due to be issued, may designate for reporting an opinion previously
designated as unreported. An unreported opinion may not be designated for reporting after the
mandate has issued.
HISTORY: (Added Mar. 5, 2001, effective July 1, 2001; May 8, 2007, effective July 1, 2007.)
Top of Form
MARYLAND RULES
APPEALS
Md. Rule 8-606 (2012)
Rule 8-606. Mandate
(a) To evidence order of the Court. Any disposition of an appeal, including a voluntary
dismissal, shall be evidenced by the mandate of the Court, which shall be certified by the Clerk
under the seal of the Court and shall constitute the judgment of the Court.
(b) Issuance of mandate. Upon a voluntary dismissal, the Clerk shall issue the mandate
immediately. In all other cases, unless a motion for reconsideration has been filed or the Court
orders otherwise, the Clerk shall issue the mandate upon the expiration of 30 days after the filing
of the Court's opinion or entry of the Court's order.
(c) To contain statement of costs. The mandate shall contain a statement of the order of the Court
assessing costs and the amount of the costs taxable to each party.
(d) Transmission -- Mandate and record. Upon issuance of the mandate, the Clerk shall transmit
it to the appropriate lower court. Unless the appellate court orders otherwise, the original papers
comprising the record shall be transmitted with the mandate.
(e) Effect of mandate. Upon receipt of the mandate, the clerk of the lower court shall enter it
promptly on the docket and the lower court shall proceed in accordance with its terms. Except as
otherwise provided in Rule 8-611 (b), the assessment of costs in the mandate shall not be
recorded and indexed as provided by Rule 2-601 (c).
HISTORY: (Amended May 14, 1992, effective July 1, 1992; June 7, 1994, effective Oct. 1,
1994.)
MARYLAND RULES
APPEALS
Md. Rule 8-607 (2012)
(a) Allowance and allocation. Unless the Court orders otherwise, the prevailing party is entitled
to costs. The Court, by order, may allocate costs among the parties.
(b) Unnecessary material. When unnecessary material has been included in a record extract or
appendix, the Court may order that the costs of reproduction be withheld, apportioned, or
assessed against the attorney or unrepresented party who caused the unnecessary material to be
included.
(c) Unnecessary correction of record. If the Court orders that the record be corrected or
supplemented on motion of a party pursuant to Rule 8-414 and the Court later determines that the
correction or supplementation was unnecessary, the costs of the correction or supplementation
shall be imposed on the moving party.
(d) Amicus curiae. Costs shall not be allowed to or assessed against an amicus curiae.
(e) State.
(1) Generally. Except as provided in subsection (2) of this section, costs shall be allowed to or
assessed against the State or any official, agency, or political subdivision of the State that is a
party in the same manner as costs are allowed to or assessed against a private litigant.
(2) Criminal appeals. In a criminal appeal decided against the State, costs shall be assessed
against the political subdivision of the State in which the case originated.
HISTORY: (Amended Mar. 30, 1993, effective July 1, 1993.) Top of Form
MARYLAND RULES
APPEALS
Md. Rule 8-608 (2012)
Rule 8-608. Computation of costs
(a) Costs generally allowed. The Clerk shall include in the costs the allowance determined
pursuant to section (c) of this Rule for reproducing the briefs, the record extract, and any
necessary appendices to briefs and any other costs prescribed by these rules or other law. Unless
the case is in the Court of Appeals and was previously heard and decided by the Court of Special
Appeals, the Clerk shall also include the amount paid by or on behalf of the appellant for the
original and the copies of the stenographic transcript of testimony furnished pursuant to section
(a) of Rule 8-411. If the transcript was paid for by the Office of the Public Defender, the Clerk
shall so state.
(b) Costs generally excluded. Unless the Court orders otherwise, the Clerk shall exclude from the
costs the costs of reproducing the record if it was reproduced without order of the Court.
(c) Allowance for reproduction. The Clerk shall determine the allowance for reproduction by
multiplying the number of pages in the briefs, the record extract, and any necessary appendices
to briefs by the standard page rate established from time to time by the Court of Appeals.
HISTORY: (Amended Nov. 12, 2003, effective Jan. 1, 2004.) Bottom of Form
MARYLAND RULES
APPEALS
Md. Rule 8-611 (2012)
(a) By appellate court. The appellate court may enforce its judgment by appropriate order.
(b) By trial court. After the clerk of the trial court enters the mandate on the docket: (1) a party
entitled to costs under the mandate may file a motion in the trial court specifying the amount of
costs due and requesting that a judgment in that amount be entered by the trial court and that it
be recorded and indexed as provided by Rule 2-601 (c); (2) the judgment of the appellate court is
enforceable by process issued by the trial court; and (3) the judgment of the trial court may be
recorded in another court and enforced by process issued by that other court pursuant to the rules
applicable to an original judgment of the trial court.
HISTORY: (Amended June 7, 1994, effective Oct. 1, 1994.) Bottom of Form
MARYLAND RULES
TITLE 9. FAMILY LAW ACTIONS
CHAPTER 100. ADOPTION; GUARDIANSHIP TERMINATING PARENTAL RIGHTS
Md. Rule 9-101 (2012)
Rule 9-101. Applicability; definitions
(a) Applicability. The Rules in this Chapter apply to proceedings under Code, Family Law
Article, Title 5, Subtitles 3 (Guardianship to and Adoption through Local Department), 3A
(Private Agency Guardianship and Adoption), and 3B (Independent Adoption).
Committee note. -- The Rules in this Chapter do not apply to the guardianship of persons and
property of minors and disabled persons governed by Code, Estates and Trusts Article, 13-101
et seq.
(b) Definitions. The terms used in this Chapter that are defined in Code, Family Law Article,
Titles 1 and 5 shall have the meanings stated in those Titles. In addition, in this Chapter, the
following definitions apply except as expressly otherwise provided or as necessary implication
requires.
(1) Independent Adoption. "Independent Adoption" means an adoption under Code, Family Law
Article, Title 5, Subtitle 3B.
(2) Private Agency Adoption. "Private Agency Adoption" means an adoption under Code,
Family Law Article, Title 5, Subtitle 3A, Part III.
(3) Private Agency Guardianship. "Private Agency Guardianship" means a guardianship under
Code, Family Law Article, Title 5, Subtitle 3A, Part II.
(4) Public Agency Adoption after TPR. "Public Agency Adoption after TPR" means an adoption
under Code, Family Law Article, Title 5, Subtitle 3, Part IV, after termination of parental rights.
(5) Public Agency Adoption without Prior TPR. "Public Agency Adoption without Prior TRP"
means an adoption under Code, Family Law Article, Title 5, Subtitle 3, Part III, without prior
termination of parental rights.
(6) Public Agency Guardianship. "Public Agency Guardianship" means a guardianship under
Code, Family Law Article, Title 5, Subtitle 3, Part II.
(7) TPR. "TPR" means termination of parental rights.

MARYLAND RULES
Md. Rule 9-102 (2012)
Rule 9-102. Consents; revocation of consent
(a) Consents generally required. Except when otherwise permitted, a judgment of adoption or
guardianship may not be entered without the consents prescribed by Code, Family Law Article.
Cross references. -- For provisions governing the authority to grant guardianships or adoptions
and the validity of consents, see Code, Family Law Article, 5-320 and 5-321 as to a Public
Agency Guardianship; 5-338 and 5-339 as to a Public Agency Adoption without Prior TPR; 5-
350 and 5-351 as to a Public Agency Adoption after TPR; 5-3A-18 and 5-3A-19 as to a Private
Agency Guardianship; 5-3A-35 as to a Private Agency Adoption; and 5-3B-20 and 5-3B-21 as to
an Independent Adoption.
(b) Form of consents, affidavits of attorneys, and disclosure vetoes.
(1) Consent of parent. If signed on or after July 1, 2007, the consent of a parent to a guardianship
or to an adoption shall be substantially in the applicable form set forth at the end of this Title as
Form 9-102.1 (Consent of Parent to a Public Agency Guardianship), Form 9-102.2 (Consent of
Parent to a Private Agency Guardianship), Form 9-102.3 (Consent of Parent to a Public Agency
Adoption without Prior TPR), Form 9-102.4 (Consent of Parent to an Independent Adoption with
Termination of Parental Rights), or Form 9-102.5 (Consent of Parent to an Independent
Adoption without Termination of Parental Rights).
(2) Consent of child to adoption. If signed on or after July 1, 2007, the consent of a child to an
adoption shall be substantially in the applicable form set forth at the end of this Title as Form 9-
102.6 (Consent of Child to a Public Agency Adoption or Private Agency Adoption) or Form 9-
102.7 (Consent of Child to an Independent Adoption).
(3) Attorney affidavit. When required and if signed on or after July 1, 2007, the affidavit by an
attorney as to the validity of the consent of a parent to a guardianship or adoption or a child to an
adoption shall be substantially in the applicable form set forth at the end of this Title as Form 9-
102.8 (Attorney Affidavit as to Consent of a Parent to a Public Agency Guardianship or Private
Agency Guardianship), Form 9-102.9 (Attorney Affidavit as to Consent of a Parent to Adoption),
or Form 9-102.10 (Attorney Affidavit as to Consent of a Child to Adoption).
Cross references. -- See Rule 9-106 (c).
(4) Disclosure vetoes. The disclosure vetoes that are required to be attached to the consent forms
may be found on the website of the Maryland Department of Human Resources.
(c) Revocation of consent.

(1) Time for revocation of consent.
(A) By parent. The time for revocation of consent by a parent is as provided in Code, Family
Law Article, 5-321 (Public Agency Guardianship), 5-339 (Public Agency Adoption without
Prior TPR), 5-3A-19 (Private Agency Guardianship), and 5-3B-21 (Independent Adoption).
(B) By adoptee. The time for revocation of consent by an adoptee is as provided in Code, Family
Law Article, 5-339 (Public Agency Adoption without Prior TPR), 5-351 (Public Agency
Adoption after TPR), 5-3A-35 (Private Agency Adoption), and 5-3B-21 (Independent
Adoption).
(C) By public or private agency or guardian. The time for revocation of consent by a public or
private agency or guardian is as provided in Code, Family Law Article, 5-339 (Public Agency
Adoption without Prior TPR), 5-351 (Public Agency Adoption after TPR), and 5-3A-35
(Private Agency Adoption).
(2) Procedure for revocation of consent.
(A) By parent -- Delivery to clerk. A parent may revoke a consent to an adoption or guardianship
only by a signed writing actually delivered by mail or in person to the clerk of the circuit court
designated in the consent to receive the revocation. If the revocation is delivered to an agent of a
public or private agency, the agent shall deliver the revocation promptly to the court.
(B) By agency, guardian, or adoptee. An agency, guardian, or adoptee may revoke consent to an
adoption (i) in person or through counsel on the record at a hearing or (ii) in a writing signed by
the executive head of the agency, the guardian, or the adoptee and filed with the court. If the
revocation is delivered to an agent of a public or private agency, the agent shall deliver the
revocation promptly to the court.
(C) Notice. The court shall send to all parties, including the person who revoked the consent, a
copy of the revocation and notice of a hearing scheduled pursuant to subsection (c)(2)(D) of this
Rule.
(D) Court hearing upon revocation of consent. If a consent is revoked pursuant to this Rule, the
court shall schedule an immediate hearing to determine the status of the petition and, if
necessary, temporary custody of the child.
HISTORY: (Amended Oct. 5, 1999; June 4, 2007, effective July 1, 2007.)
MARYLAND RULES
Md. Rule 9-103 (2012)
(a) Titling of case. A proceeding shall be titled "In re Adoption/Guardianship of

(first name and first initial of last name of prospective adoptee or ward)."
(b) Petition for adoption.
(1) Contents. A petition for adoption shall be signed and verified by each petitioner and shall
contain the following information:
(A) The name, address, age, business or employment, and employer of each petitioner;
(B) The name, sex, and date and place of birth of the person to be adopted;
(C) The name, address, and age of each parent of the person to be adopted;
(D) Any relationship of the person to be adopted to each petitioner;
(E) The name, address, and age of each child of each petitioner;
(F) A statement of how the person to be adopted was located (including names and addresses of
all intermediaries or surrogates), attaching a copy of all advertisements used to locate the person,
and a copy of any surrogacy contract;
Committee note. -- If the text of an advertisement was used verbatim more than once, the
requirement that a copy of all advertisements be attached to the petition may be satisfied by
attaching a single copy of the advertisement, together with a list of the publications in which the
advertisement appeared and the dates on which it appeared.
(G) If the person to be adopted is a minor, the names and addresses of all persons who have had
legal or physical care, custody, or control of the minor since the minor's birth and the period of
time during which each of those persons has had care, custody, or control, but it is not necessary
to identify the names and addresses of foster parents, other than a petitioner, who have taken care
of the minor only while the minor has been committed to the custody of a child placement
agency;
(H) If the person to be adopted is a minor who has been transported from another state to this
State for purposes of placement for adoption, a statement of whether there has been compliance
with the Interstate Compact on the Placement of Children (ICPC);
(I) If applicable, the reason why the spouse of the petitioner is not joining in the petition;
(J) If there is a guardian with the right to consent to adoption for the person to be adopted, the
name and address of the guardian and a reference to the proceeding in which the guardian was
appointed;
(K) Facts known to each petitioner that may indicate that a party has a disability that makes the
party incapable of consenting or participating effectively in the proceedings, or, if no such facts
are known to the petitioner, a statement to that effect;
(L) Facts known to each petitioner that may entitle the person to be adopted or a parent of that
person to the appointment of an attorney by the court;
(M) If a petitioner desires to change the name of the person to be adopted, the name that is
desired;
(N) As to each petitioner, a statement whether the petitioner has ever been convicted of a crime
other than a minor traffic violation and, if so, the offense and the date and place of the
conviction;
(O) That the petitioner is not aware that any required consent has been revoked; and
(P) If placement pending final action on the petition is sought in accordance with Code, Family
Law Article, 5-3B-12, a request that the court approve the proposed placement.
(2) Exhibits.
(A) The following documents shall accompany the petition as exhibits:
(i) A certified copy of the birth certificate or "proof of live birth" of the person to be adopted;
(ii) A certified copy of the marriage certificate of each married petitioner;
(iii) A certified copy of all judgments of divorce of each petitioner;
(iv) A certified copy of any death certificate of a person whose consent would be required if that
person were living;
(v) A certified copy of all orders concerning temporary custody or guardianship of the person to
be adopted;
(vi) A copy of any existing adoption home study by a licensed child placement agency
concerning a petitioner, criminal background reports, or child abuse clearances;
(vii) A document evidencing the annual income of each petitioner;
(viii) The original of all consents to the adoption, any required affidavits of translators or
attorneys, and, if available, a copy of any written statement by the consenting person indicating a
desire to revoke the consent, whether or not that statement constitutes a valid revocation;
Cross references. -- See Code, Family Law Article, 5-313, 5-320, and 5-321 as to a Public
Agency Guardianship; 5-331, 5-338, and 5-339 as to a Public Agency Adoption without Prior
TPR; 5-345, 5-350, and 5-351 as to a Public Agency Adoption after TPR; 5-3A-13, 5-3A-18, and
5-3A-19 as to a Private Agency Guardianship; 5-3A-35 as to a Private Agency Adoption; and 5-
3B-20 and 5-3B-21 as to an Independent Adoption.
(ix) If applicable, proof of guardianship or relinquishment of parental rights granted by an

administrative, executive, or judicial body of a state or other jurisdiction; a certification that the
guardianship or relinquishment was granted in compliance with the jurisdiction's laws; and any
appropriate translation of documents required to allow the child to enter the United States;
Cross references. -- See Code, Family Law Article, 5-305, 5-313, and 5-320 as to a Public
Agency Guardianship; 5-305, 5-331, and 5-338 as to a Public Agency Adoption without Prior
TPR; 5-305 and 5-345 as to a Public Agency Adoption after TPR; 5-3A-05, 5-3A-13, and 5-3A-
18 as to a Private Agency Guardianship; 5-3A-05 as to a Private Agency Adoption; and 5-3B-04
and 5-3B-20 as to an Independent Adoption.
(x) If a parent of the person to be adopted cannot be identified or located, an affidavit of each
petitioner and the other parent describing the attempts to identify and locate the unknown or
missing parent;
Cross references. -- See Code, Family Law Article, 5-331 and 5-334 as to a Public Agency
Adoption without Prior TPR and 5-3B-15 as to an Independent Adoption.
(xi) A copy of any agreement between a parent of the person to be adopted and a petitioner
relating to the proposed adoption with any required redaction;
Adoption without Prior TPR; 5-308 and 5-345 as to a Public Agency Adoption after TPR; 5-3A-
08 as to a Private Agency Adoption; and 5-3B-07 as to an Independent Adoption.
(xii) If the adoption is subject to the Interstate Compact on the Placement of Children, the
appropriate ICPC approval forms;
Cross references. -- Code, Family Law Article, 5-601.
(xiii) A brief statement of the health of each petitioner signed by a physician or other health care
provider if applicable; and
(xiv) If required, a notice of filing as prescribed by Code, Family Law Article:
(1) 5-313 in a Public Agency Guardianship;
(2) 5-331 in a Public Agency Adoption without Prior TPR; or

(3) 5-345 in a Public Agency Adoption after TPR.
(B) The following documents shall be filed before a judgment of adoption is entered:
(i) Any post-placement report relating to the adoption, if applicable;
Cross references. -- See Code, Family Law Article, 5-337 as to a Public Agency Adoption
without Prior TPR; 5-349 as to a Public Agency Adoption after TPR; 5-3A-31 and 5-3A-34 as to
a Private Agency Adoption; and 5-3B-16 as to an Independent Adoption.
(ii) A brief statement of the health of the child by a physician or other health care provider;
(iii) If required by law, an accounting of all payments and disbursements of any money or item
of value made by or on behalf of each petitioner in connection with the adoption;
Cross references. -- See Code, Family Law Article, 5-3B-24 as to an Independent Adoption.
(iv) An affidavit of counsel for a parent, if required by Code, Family Law Article:
(1) 5-307 and 5-321 in a Public Agency Guardianship;
(2) 5-307 and 5-339 in a Public Agency Adoption without Prior TPR;
(3) 5-3A-07 and 5-3A-19 in a Private Agency Guardianship; or
(4) 5-3B-06 and 5-3B-21 in an Independent Adoption.
(v) An affidavit of counsel for a child, if the child is represented;
Adoption without Prior TPR; 5-307 and 5-350 as to a Public Agency Adoption after TPR; 5-3A-
07 and 5-3A-35 as to a Private Agency Adoption; and 5-3B-06 and 5-3B-20 as to an Independent
Adoption.
(vi) If the adoption is subject to the Interstate Compact on the Placement of Children, the
required post-placement form;
(vii) A proposed judgment of adoption; and
(viii) A Department of Health and Mental Hygiene Certificate of Adoption Form.
Cross references. -- Code, Health-General Article, 4-211 (f).
(c) Petition for guardianship. A petition for guardianship shall state all facts required by
subsection (b) (1) of this Rule, to the extent that the requirements are applicable and known to
the petitioner. It shall be accompanied by all documents required to be filed as exhibits by
subsection (b)(2) of this Rule, to the extent the documents are applicable. The petition shall also
state the license number of the child placement agency.
Cross references. -- See Code, Family Law Article, 5-313 as to a Public Agency Guardianship
and 5-3A-13 as to a Private Agency Guardianship.
(d) If facts unknown or documents unavailable. If a fact required by subsection (b) (1) or section
(c) of this Rule is unknown to a petitioner or if a document required by subsection (b) (2) or
section (c) is unavailable, the petitioner shall so state and give the reason in the petition or in a
subsequent affidavit. If a document required to be submitted with the petition becomes available
after the petition is filed, the petitioner shall file it as soon as it becomes available.
(e) Disclosure of facts known to child placement agency. If any fact required by subsection (b)
(1) of this Rule to be stated is known to a child placement agency and the agency declines to
disclose it to a petitioner, the agency shall disclose the fact to the court in writing at the time the
petition is filed.
HISTORY: (Amended Mar. 5, 2001, effective July 1, 2001; June 4, 2007, effective July 1,
2007.)
MARYLAND RULES
Md. Rule 9-104 (2012)
Rule 9-104. Notice of filing of petition; status conference
(a) Notice of filing of petition. Notice of the filing of a petition for guardianship or adoption
shall be given as required by Code, Family Law Article:
(2) 5-333 in a Public Agency Adoption without Prior TPR;
(3) 5-346 in a Public Agency Adoption after TPR;
(4) 5-3A-14 in a Private Agency Guardianship;
(5) 5-3A-30 in a Private Agency Adoption; and
(6) 5-3B-14 in an Independent Adoption.
(b) Status conference. In a public agency guardianship or adoption, at the time the notice of filing
is sent, the court shall schedule a status conference no later than 60 days after the filing of the
petition.
MARYLAND RULES
Md. Rule 9-105 (2012)
Rule 9-105. Show cause order; disability of a party; other notice
(a) Requirement for show cause order. Promptly upon the filing of a petition for adoption or
guardianship, the court shall issue a show cause order in substantially the form set forth in
section (e) of this Rule when required by Code, Family Law Article:
(3) 5-3A-15 in a Private Agency Guardianship; or
If the petition seeks adoption of a minor, the show cause order shall not divulge the name of the
petitioner. If the petition seeks appointment of a guardian, the show cause order shall state the
name of the child placement agency seeking guardianship.
(b) Appointment of attorney for disabled party.
(1) If the parties agree that a party who is not represented has a disability that makes the party
incapable of consenting or participating effectively in the proceeding, the court shall appoint an
attorney who shall represent the disabled party throughout the proceeding.
(2) If there is a dispute as to whether a party who is not represented has a disability that makes
the party incapable of consenting or participating effectively in the proceeding, the court shall:
(A) hold a hearing promptly to resolve the dispute;
(B) appoint an attorney to represent the alleged disabled party at that hearing;
(C) provide notice of that hearing to all parties; and
(D) if the court finds at the hearing that the party has such a disability, appoint an attorney who
shall represent the disabled party throughout the proceeding.
Cross references. -- See Code, Family Law Article, 5-307 as to a Public Agency
Guardianship; 5-307 as to a Public Agency Adoption without Prior TPR; 5-3A-07 as to a Private
Agency Guardianship; and 5-3B-06 as to an Independent Adoption. For eligibility of an
individual for representation by the Office of the Public Defender, see Code, Family Law
Article, 5-307 and Code, Article 27A, 4.
(c) Service of show cause order.
(1) Method of service. The show cause order shall be served on those persons and in the manner
required by Code, Family Law Article:
(A) 5-316 in a Public Agency Guardianship;
(B) 5-334 in a Public Agency Adoption without Prior TPR;
(C) 5-3A-15 in a Private Agency Guardianship; or
(D) 5-3B-15 in an Independent Adoption.
(2) Time for service. Unless the court orders otherwise, a show cause order shall be served
within 90 days after the date it is issued. If service is not made within that period, a new show
cause order shall be issued at the request of the petitioner.
(3) Notice of objection. A show cause order shall be served with two copies of a pre-captioned
notice of objection form in substantially the form set forth in section (f) of this Rule. In a public
agency guardianship or adoption, a copy of the petition shall be attached.
(d) Notice of change of name. If the person to be adopted is an adult and the petitioner desires to
change the name of the person to be adopted to a surname other than that of the petitioner, notice
of a proposed change of name shall also be given in the manner provided in Rule 15-901.
(e) Form of show cause order. Except as provided in section (g) of this Rule, the show cause
order shall be substantially in the following form:
IMPORTANT
THIS IS A COURT ORDER. IF YOU DO NOT UNDERSTAND WHAT THE ORDER SAY
S, HAVE
SOMEONE EXPLAIN IT TO YOU. YOUR RIGHT TO AN ATTORNEY IS EXPLAINED IN
PARAGRAPH 3 OF THIS ORDER. IF YOU DO NOT MAKE SURE THAT THE COURT REC
EIVES
YOUR NOTICE OF OBJECTION ON OR BEFORE THE DEADLINE STATED IN PARAGRAP
H 2 OF
THIS ORDER, YOU HAVE AGREED TO A TERMINATION OF YOUR PARENTAL RIGHTS.
(Note to Drafter of Show Cause Order: For the form of the caption of the
Show Cause Order, see Rule 9-103 (a).)
SHOW CAUSE ORDER
TO:
(name of person to be served)
(address, including county)
(relationship of person served to individual who is the subject of the

proceeding)
You are hereby notified that:
1. Filing of petition.
A petition has been filed for

(adoption/guardianship)
of who
(name of individual who is the subject of the proceeding)
was born at on .
(birthplace)
(date of birth)
(If the petition is for guardianship, include the following sentence: The
petition was filed by ).
(name of child placement agency seeking guardianship)
2. Right to object; time for objecting.
If you wish to object to the ,
you must file a notice of objection with the clerk of the court at
(address of courthouse)
within days after this Order is served on you. For your convenience,
a form notice of objection is attached to this Order.
WHETHER THE PETITION REQUESTS ADOPTION OR GUARDIANSHIP, IF YOU DO NO

T MAKE
SURE THAT THE COURT RECEIVES YOUR NOTICE OF OBJECTION ON OR BEFORE THE
DEADLINE STATED ABOVE, YOU HAVE AGREED TO A TERMINATION OF YOUR PARENT

AL
RIGHTS.
3. Right to an attorney.
(a) You have the right to speak with an attorney and obtain independent
legal advice.
(b) An attorney may already have been appointed for you. If you have been
notified that an attorney has been appointed for you, you should speak
immediately with that attorney.
(c) If an attorney has not already contacted you, you may be entitled to
have the court appoint an attorney for you if:
(Note to Drafter of Show Cause Order: Include only those of the following
paragraphs that are applicable to the type of guardianship or adoption
proceeding that has been filed.)
[In a Public Agency Guardianship:]
You are a parent of the person for whom a guardian is sought and:
(A) you are under 18 years of age; or
(B) you have a disability that makes you unable to participate effectively
in the case; or
(C) you object to the guardianship and cannot afford to hire an attorney
because you are indigent.
[In a Public Agency Adoption without Prior TPR:]
(1) You are the person to be adopted;

OR
(2) You are a parent of the person to be adopted and:
in the adoption case; or
(C) you object to the adoption and cannot afford to hire an attorney
because you are indigent.
[In a Public Agency Adoption after TPR:]
You are the person to be adopted.
[In a Private Agency Guardianship:]
You are a parent of the person for whom a guardian is sought and:
in the case.
[In a Private Agency Adoption:]

You are the person to be adopted and:
(A) you are at least 10 years old but are not yet 18; or
in the adoption case.
[In an Independent Adoption:]
(1) You are the person to be adopted and:
(A) you are at least 10 years old; and
in the adoption case;
OR
(2) You are a parent of the person to be adopted and:
in the adoption case.
IF YOU BELIEVE YOU ARE ENTITLED TO HAVE THE COURT APPOINT AN ATTOR
NEY FOR
YOU AND YOU WANT AN ATTORNEY, YOU MUST NOTIFY THE COURT BEFORE TH
E TIME YOUR
NOTICE OF OBJECTION MUST BE FILED. HOWEVER, EVEN IF YOU HAVE OR WANT
TO HAVE
AN ATTORNEY, YOU MUST STILL FILE THE NOTICE OF OBJECTION ON OR BEFORE
THE
DEADLINE STATED IN PARAGRAPH 2 OF THIS ORDER. IF YOU DO NOT MAKE SURE
THAT
THE COURT RECEIVES YOUR NOTICE OF OBJECTION ON OR BEFORE THE DEADLINE
STATED,
YOU HAVE AGREED TO THE TERMINATION OF YOUR PARENTAL RIGHTS.
For your convenience, a request for appointment of an attorney is printed

on the notice of objection form attached to this Order.
(d) You are entitled to consult an attorney chosen by you, even if you are
not entitled to an attorney appointed by the court. If you employ an attorney,
you may be responsible for any fees and costs charged by that attorney unless
the court orders another party to pay all or part of those fees or expenses.
(e) If you wish further information concerning appointment of an attorney

by the court or concerning adoption counseling and guidance, you may contact
(name of court official)
(address)
(telephone number)
4. Option to receive adoption counseling. If this is an adoption

proceeding, you also may have the option to receive adoption counseling and
guidance. You may have to pay for that service unless another party agrees to
pay or the court orders another party to pay all or part of those charges.
Date of issue:
(Judge)
(f) Form of notice of objection. The notice of objection shall be substantially in the following
form:
(Note to Drafter of the Notice of Objection/Request for Appointment of

Attorney: For the caption of the form, see Rule 9-103 (a).)
NOTICE OF OBJECTION/REQUEST FOR APPOINTMENT OF ATTORNEY
(Instructions to the person served with the show cause order:
IF YOU WISH TO OBJECT, YOU MUST MAKE SURE THAT THE COURT RECEIVES YOU
R
NOTICE OF OBJECTION ON OR BEFORE THE DEADLINE STATED IN THE SHOW CAUSE
ORDER.
You may use this form to do so. You need only sign this form, print or type
your name, address, and telephone number underneath your signature, and mail
or deliver it to the court at the address shown in paragraph 2 of the show
cause order. IF THE COURT HAS NOT RECEIVED YOUR NOTICE OF OBJECTION ON OR
BEFORE THE DEADLINE STATED IN PARAGRAPH 2 OF THE SHOW CAUSE ORDER, YOU
HAVE
AGREED TO THE TERMINATION OF YOUR PARENTAL RIGHTS. If you wish to state your
reasons, you may state them on this sheet.)
1. I object to the
of the above-named individual. My reasons for objecting are as follows:

2. I do/do not want the Court to appoint an attorney to represent me.
(Circle one) :X60
If I circled that I do want the court to appoint an attorney for me, I

believe that I am entitled to a court-appointed attorney because:
(Check appropriate box or boxes)
(Note to Drafter of the Notice of Objection/Request for Appointment of

Attorney: Include only those of the following paragraphs which are applicable
to the type of guardianship or adoption proceeding that has been filed.)
[In a Public Agency Guardianship:]
[ ] I am the parent of the person for whom a guardian is sought and:
[ ] I am under 18 years of age.
[ ] I have a disability that makes me unable to participate effectively in

the case.
[ ] I object to the guardianship and cannot afford to hire an attorney

because I am indigent.
[In a Public Agency Adoption without Prior TPR:]
[ ] I am the person to be adopted.
OR
[ ] I am the parent of the person to be adopted and:

the adoption case.
[ ] I object to the adoption and cannot afford to hire an attorney because

I am indigent.
[In a Public Agency Adoption after TPR:]
[ ] I am the person to be adopted.
[In a Private Agency Guardianship:]

[ ] I am a parent of the person for whom a guardian is sought and:

the case.
[In a Private Agency Adoption:]
[ ] I am the person to be adopted and:
[ ] I am at least 10 years old but am not yet 18.

the adoption case.
[In an Independent Adoption:]
[ ] I am the person to be adopted and:
[ ] I am at least 10 years old and I have a disability that makes me unable

to participate effectively in the adoption case.
OR
[ ] I am the parent of the person to be adopted and:

the adoption case.
(Signature)
(Name, printed or typed)
(Address)
(Telephone Number)
(g) Form of notice for service by publication and posting. The notice for service by publication
and posting shall be in the form required by Code, Family Law Article:
(3) 5-3A-15 in a Private Agency Guardianship; or
HISTORY: (Amended Mar. 5, 2001, effective July 1, 2001; Jan. 8, 2002, effective Feb. 1, 2002;
Nov. 6, 2002, effective Jan. 1, 2003; June 4, 2007, effective July 1, 2007.)
MARYLAND RULES
Md. Rule 9-106 (2012)
Rule 9-106. Appointment of attorney -- Attorney affidavit -- Investigation

(a) Appointment of attorney. The court shall appoint an attorney for a party when required by
Code, Family Law Article:
(5) 5-3A-07 in a Private Agency Adoption; or
(b) Payment of attorney's fees. Even if the prospective adoptee is not entitled to a court-
appointed attorney, the person is entitled to consult an attorney chosen by that person. The
adoptive parents or agency may agree to pay all or part of the attorney's fees on behalf of the
person, or the court may order the adoptive parents or agency to do so.
Cross references. -- See Code, Family Law Article, 5-309 as to a Public Agency
Guardianship; 5-309 as to a Public Agency Adoption without Prior TPR; 5-3A-09 as to a Private
Agency Guardianship; and 5-3B-08 as to an Independent Adoption.
(c) Affidavit of attorney.
(1) With a parental consent. The attorney shall file an affidavit in the applicable form set forth at
the end of this Title with a consent signed by a parent when required by Code, Family Law
Article:
(C) 5-3A-19 in a Private Agency Guardianship; or
(2) With a consent of a prospective adoptee. The attorney shall file an affidavit in the applicable
form set forth at the end of this Title with a consent signed by a prospective adoptee if the
adoptee is represented and
(A) is a minor; or
(B) has a disability that makes the prospective adoptee incapable of effectively participating in a
case.
Cross references. -- See Rule 9-102 (b)(3).
(d) Investigation by court.
(1) Optional. The court may order an investigation as provided by Code, Family Law Article:
(B) 5-3A-16 in a Private Agency Guardianship; or
(C) 5-3B-16 in an Independent Adoption.
(2) Mandatory. The court shall order an investigation in a nonconsensual Independent Adoption
as provided in Code, Family Law Article, 5-3B-16.
(3) Recommendation of investigator. If requested by the court, the report of any investigation
may include the recommendation of the investigator.
(4) In writing. The report of any investigation shall be submitted to the court in writing and filed
among the records of the proceeding.
MARYLAND RULES
Md. Rule 9-107 (2012)
Rule 9-107. Objection
(a) In general. Any person having a right to participate in a proceeding for adoption or
guardianship may file a notice of objection to the adoption or guardianship. The notice may
include a statement of the reasons for the objection and a request for the appointment of an
attorney.
Cross references. -- See Rule 9-105 for Form of Notice of Objection.
(b) Time for filing objection.
(1) In general. Except as provided by subsections (b) (2) and (b) (3) of this Rule, any notice of
objection to an adoption or guardianship shall be filed within 30 days after the show cause order
is served.
(2) Service outside of the State. If the show cause order is served outside the State but within the
United States, the time for filing a notice of objection shall be within 60 days after service.
(3) Service outside of the United States. If the show cause order is served outside the United
States, the time for filing a notice of objection shall be within 90 days after service.
(4) Service by publication in a newspaper and on website. If the court orders service by
publication, the deadline for filing a notice of objection shall be not less than 30 days from the
later of (A) the date that the notice is published in a newspaper of general circulation or (B) the
last day that the notice is published on the Maryland Department of Human Resources website.
(c) Service. The clerk shall serve a copy of any notice of objection on all parties in the manner
provided by Rule 1-321.
(d) Response. Within 10 days after being served with a notice of objection, any party may file a
response challenging the standing of the person to file the notice or the timeliness of the filing of
the notice.
(e) Hearing. If any party files a response, the court shall hold a hearing promptly on the issues
raised in the response.
(f) Access to records. If the court determines that the person filing the notice of objection has
standing to do so and that the notice is timely filed, it shall enter an order permitting the person
to inspect the papers filed in the proceeding subject to reasonable conditions imposed in the
order.
HISTORY: (Amended June 4, 2007, effective July 1, 2007; June 7, 2011, effective July 1,
2011.)
MARYLAND RULES
Md. Rule 9-108 (2012)
Rule 9-108. Temporary custody
The court may make an award of temporary custody of a minor prior to a hearing.

MARYLAND RULES
Md. Rule 9-109 (2012)
Rule 9-109. Hearing on merits
(a) Requirement.
(1) Generally. The court shall hold a hearing and make findings on the record on the merits of a
guardianship or adoption petition as provided by Code, Family Law Article:
(A) 5-318 in a nonconsensual Public Agency Guardianship;
(C) 5-347 in a Public Agency Adoption after TPR;
(D) 5-3A-32 in a Private Agency Adoption; or
(E) 5-3B-17 in an Independent Adoption.
(2) Guardianship. The court may hold a hearing on the merits of a consensual Public or Private
Agency Guardianship petition.
Cross references. -- See Code, Family Law Article, 5-318 as to Public Agency Guardianship.
(b) Adoption.
(1) Persons present at hearing. Unless excused for good cause shown, each petitioner and the
person to be adopted shall be present at the hearing on the merits in an adoption action. The
hearing shall be conducted out of the presence of all persons other than the petitioners, the
person to be adopted, and those persons whose presence the court deems necessary or desirable.
Committee note. -- Social policy against public disclosure of adoption proceedings compels all
hearings to be as private as possible. This Rule leaves to the discretion of the trial court the
extent to which this consideration must be relaxed in the interest of fair trial.
(2) Considerations. In ruling on a petition for adoption, the court shall make the considerations
required by Code, Family Law Article:
(A) 5-337 in a Public Agency Adoption without Prior TPR;
(B) 5-349 in a Public Agency Adoption after TPR;

(C) 5-3A-34 in a Private Agency Adoption; or
(3) Findings by the court. In an adoption action, the court shall determine on the record whether:
(A) Necessary consents have been filed;
(B) Any required consents have been revoked;
Cross references. -- Rules 9-111 (b) and 9-112 (a).
(C) Appropriate notices have been served;
(D) Any investigative reports have been filed;
(E) All questioned or disputed issues have been resolved;
(F) In a nonconsensual independent adoption, whether the findings required by Code, Family
Law Article, 5-3B-21 have been met;
(G) The adoptive parents are fit and proper to be the parents of the person to be adopted;
(H) The best interests of the person to be adopted will be served by the adoption; and
(I) Other appropriate matters have been resolved.
MARYLAND RULES
Md. Rule 9-110 (2012)
Rule 9-110. Accounting report
(a) Duty to file. In an independent adoption other than an adoption by a stepparent or relative
of the person to be adopted, each petitioner shall file an accounting report before the entry of a
final judgment of adoption.
(b) Contents. The accounting report shall include:
(1) a statement of all payments and disbursements of money or anything of value, including
benefits in kind, made by or on behalf of any petitioner in connection with the adoption;
(2) the approximate date the payment or disbursement was made or the benefit was provided;
(3) the name of the payee and the beneficiary; and
(4) the amount of the payment or disbursement or the reasonable value of the benefit provided.
The court may require the production of documentation to substantiate the accounting report.
MARYLAND RULES
Md. Rule 9-111 (2012)
Rule 9-111. Judgment of adoption or guardianship
(a) Time. The court may not enter a judgment of adoption or guardianship before the time set
forth in Code, Family Law Article:
(5) 5-3A-33 in a Private Agency Adoption; or
(b) Information from other court. If a required consent indicates that any revocation of the
consent must be filed in a court other than the trial court, the trial court may not enter a judgment
of adoption or guardianship until it has obtained from the other court a copy of all papers filed in
connection with the consent or an affidavit of the clerk of the other court that no papers were
filed in connection with the consent.
(c) Supplemental report. Before entering a judgment of adoption or guardianship, the court may
require a supplemental written report from the investigating officer or agency.
(d) Change of name. If the name of the person adopted is changed, the judgment of adoption
shall state the new name of the person adopted and the names of the adopting parents.
(e) Spouse of parent. If the adopting parent is the spouse of a parent of the person to be adopted,
the judgment shall specifically state whether and to what extent the parental rights of the parent
are affected.
MARYLAND RULES
Md. Rule 9-112 (2012)
Rule 9-112. Court records
(a) Dockets. The clerk shall keep separate dockets for (1) adoption and guardianship
proceedings and (2) revocations of consent to adoption or guardianship for which there are no
pending adoption or guardianship proceedings in that county. These dockets are not open to
inspection by any person, including the parents, except upon order of court. If the index to a
docket is kept apart from the docket itself, the index is open to inspection.
(b) Sealing of records. All pleadings and other papers in adoption and guardianship proceedings
shall be sealed when they are filed and are not open to inspection by any person, including the
parents, except upon an order of court. If a final decree of adoption was entered before June 1,
1947 and the record is not already sealed, the record may be sealed only on motion of a party.
The clerk shall notify each person entitled to notice that the adoption has been finalized.
MARYLAND RULES
Md. Rule 9-113 (2012)
Rule 9-113. Medical and mental health history
Except in an adoption by a stepparent or relative, the person authorized to place a minor child
for adoption shall affirm to the court that the person has made reasonable efforts to compile and
make available to a prospective adoptive parent (1) all of the prospective adoptee's medical and
mental health records that the person has or (2) a comprehensive medical and mental health
history of the prospective adoptee and the prospective adoptee's parents, except that the records
of the parents shall contain no identifying information unless identifying information was
previously exchanged by agreement.

MARYLAND RULES
CHAPTER 200. DIVORCE, ANNULMENT, ALIMONY, CHILD SUPPORT, AND CHILD
CUSTODY
Md. Rule 9-201 (2012)
Rule 9-201. Scope
The Rules in this Chapter are applicable to a circuit court action in which divorce, annulment,
alimony, child support, custody, or visitation is sought. These Rules do not apply to actions in a
juvenile court or actions brought solely under Code, Family Law Article, Title 4, Subtitle 5.
HISTORY: (Added Mar. 5, 2001, effective July 1, 2001.)
MARYLAND RULES
CUSTODY
Md. Rule 9-202 (2012)
Rule 9-202. Pleading
(a) Signing-telephone number. A party shall personally sign each pleading filed by that party
and, if the party is not represented by an attorney, shall state in the pleading a telephone number
at which the party may be reached during ordinary business hours.
Cross references. -- See Rule 1-202 (u).
(b) Child custody. When child custody is an issue, each party shall provide in the party's first
pleading the information required by Code, Family Law Article, 9.5-209 (a).
(c) Amendment to complaint. Except when a judgment of limited divorce has been entered, a
complaint may be amended pursuant to Rule 2-341 to include a ground for divorce that by reason
of the passage of sufficient time has become a ground for divorce after the filing of the
complaint.
(d) Supplemental complaint for absolute divorce after judgment of limited divorce. A party who
has obtained a judgment of limited divorce may file a supplemental complaint for an absolute
divorce in the same action in which the limited divorce was granted if (1) the sole ground for the
absolute divorce is that the basis of the limited divorce by reason of the lapse of sufficient time
has become a ground for an absolute divorce and (2) the supplemental complaint is filed not later
than two years after the entry of the judgment of limited divorce. Service of the supplemental
complaint shall be in accordance with Rule 1-321 if the defendant has an attorney of record in
the action at the time the supplemental complaint is filed. Otherwise, service of the supplemental
complaint shall be in accordance with Rule 2-121 or in accordance with Rule 2-122.
Cross references. -- For automatic termination of an attorney's appearance, see Rule 2-132.
(e) Financial statement -- Spousal support. If spousal support is claimed by a party and either
party alleges that no agreement regarding support exists, each party shall file a current financial
statement in substantially the form set forth in Rule 9-203 (a). The statement shall be filed with
the party's pleading making or responding to the claim. If the claim or the denial of an agreement
is made in an answer, the other party shall file a financial statement within 15 days after service
of the answer.
(f) Financial statement -- Child support. If establishment or modification of child support is

claimed by a party, each party shall file a current financial statement under affidavit. The
statement shall be filed with the party's pleading making or responding to the claim. If the
establishment or modification of child support in accordance with the guidelines set forth in
Code, Family Law Article, 12-201--12-204 is the only support issue in the action and no party
claims an amount of support outside of the guidelines, the required financial statement shall be in
substantially the form set forth in Rule 9-203 (b). Otherwise, the statement shall be in
substantially the form set forth in Rule 9-203 (a).
HISTORY: (Added Mar. 5, 2001, effective July 1, 2001; amended April 5, 2005, effective July
1, 2005; Feb. 10, 2009, effective May 1, 2009; June 7, 2011, effective July 1, 2011.)
MARYLAND RULES
CUSTODY
Md. Rule 9-203 (2012)
Rule 9-203. Financial statements
(a) Financial statement -- General. Unless section (b) of this Rule applies, a Financial
Statement required by Rule 9-202 shall be in substantially the following form:
[caption of case]
FINANCIAL STATEMENT OF
(Name)
(General)
CHILDREN AGE
MONTHLY EXPENSES
Item SELF
CHILDREN
TOTAL
A. PRIMARY RESIDENCE
Mortgage
Insurance (homeowners)
Rent/Ground Rent
Taxes
Gas & Electric
Electric Only
Heat (oil)
Telephone
Trash Removal
Water Bill
Cell Phone/Pager
Repairs
Lawn & Yard Care (snow

removal)
Replacement
Furnishings/Appliances
Condominium Fee
(not included elsewhere)
Painting/Wallpapering
Carpet Cleaning
Domestic
Assistance/Housekeeper
Pool
Other:
SUB TOTAL
B. SECONDARY RESIDENCE
(i.e. Summer Home/Rental)
Mortgage
Insurance (homeowners)
Rent/Ground Rent
Taxes
Gas & Electric

Electric Only
Heat (oil)
Telephone
Trash Removal
Water Bill
Cell Phone/Pager
Repairs
Lawn & Yard Care (snow

removal)
Replacement
Furnishings/Appliances
Condominium Fee
(not included elsewhere)
Painting/Wallpapering
Carpet Cleaning
Domestic
Assistance/Housekeeper
Pool
Other:
SUB TOTAL
C. OTHER HOUSEHOLD NECESSITIES
Food
Drug Store Items
Household Supplies
Other:
SUB TOTAL
D. MEDICAL/DENTAL
Health Insurance
Therapist/Counselor
Extraordinary Medical
Dental/Orthodontia
Ophthalmologist/Glasses
Other:
SUB TOTAL
E. SCHOOL EXPENSES
Tuition/Books
School lunch
Extracurricular activities
Clothing/Uniforms
Room & Board
Daycare/Nursery School
Other:
SUB TOTAL
F. RECREATION & ENTERTAINMENT
Vacations
Videos/Theater
Dining Out
Cable TV/Internet
Allowance
Camp
Memberships
Dance/Music Lessons etc.
Horseback Riding
Other:
SUB TOTAL
G. TRANSPORTATION EXPENSE
Automobile Payment
Automobile Repairs
Maintenance/Tags/Tires/etc.
Oil/Gas
Automobile Insurance
Parking Fees
Bus/Taxi
Other:
SUB TOTAL
H. GIFTS
Holiday Gifts
Birthdays
Gifts to others
Charities
SUB TOTAL
J. CLOTHING
Purchasing
Laundry
Alterations/Dry Cleaning
Other:
SUB TOTAL
K. INCIDENTALS
Books & Magazines
Newspapers
Stamps/Stationery
Banking Expense
Other:
SUB TOTAL
L. MISCELLANEOUS/OTHER
Alimony/Child Support
(from a previous Order)
Religious Contributions
Hairdresser/Haircuts
Manicure/Pedicure
Pets/Boarding
Life Insurance
Other:
SUB TOTAL
TOTAL MONTHLY EXPENSES:
Number of Dependent Children, including children who have not attained the
age of 19 years, are not married or self-supporting, and are enrolled in
secondary school:
INCOME STATEMENT
GROSS MONTHLY WAGES:

$
Deductions:
Federal $
State $
Medicare $
F.I.C.A. $
Retirement $
Total Deductions: $
NET INCOME FROM WAGES:

$
OTHER GROSS INCOME: (alimony,

part-time job, rentals etc.)
$
Deductions:
a.
b.
c.
Total deductions from Other

income: $
NET OTHER INCOME:

$
TOTAL MONTHLY INCOME

$
ASSETS & LIABILITIES
ASSETS:
Real Estate $
Furniture (in the marital home) $
Bank Accounts/Savings $
U.S. Bonds $
Stocks/Investments $
Personal Property $
Jewelry $
Automobiles $
Boats $
Other: $
TOTAL ASSETS:
$
LIABILITIES:
Mortgage $
Automobiles $
Notes payable to relatives $
Bank Loans $
Accrued Taxes $
Balance of Credit Card Accounts $
a.
b.
c.
Other:
TOTAL LIABILITIES:
$
TOTAL NET WORTH:

$
SUMMARY:
TOTAL INCOME:
$
TOTAL EXPENSES:
$
EXCESS OR DEFICIT:
$
foregoing Financial Statement, Monthly Expense List, and Assets and
Liabilities Statement are true to the best of my knowledge, information, and
belief.
Date Signature
(b) Financial statement -- Child support guidelines. If the establishment

or modification of child support in accordance with the guidelines set forth
in Code, Family Law Article, 12-201--12-204 is the only support issue in
the action and no party claims an amount of support outside of the guidelines,
the financial statement required by section (f) of Rule 9-202 shall be in
[caption of case]
FINANCIAL STATEMENT
(Child Support Guidelines)
I, , state that:
My name
I am the
State Relationship (for example, mother, father, aunt,

grandfather, guardian, etc.)
of the minor child(ren), including children who have not attained the age
of 19 years, are not married or self-supporting, and are enrolled in secondary
school:
Name Date of Birth

Name
Date of Birth
Name Date of Birth

Name
Date of Birth
Name Date of Birth

Name
Date of Birth
The following is a list of my income and expenses (see below*):

* To figure the monthly amount of expenses, weekly expenses should be
multiplied by 4.3 and yearly expenses should be divided by 12. If you do not
pay the same amount each month for any of the categories listed, figure what
your average monthly expense is.
See definitions on other side before filling out.
Total monthly income (before taxes)

$
Child support I am paying for my other child(ren) each month
Alimony I am paying each month to
(Name of Person(s))
Alimony I am receiving each month from
(Name of Person(s))
For the child or children listed above:
The monthly health insurance premium
Work-related monthly child care expenses
Extraordinary monthly medical expenses
School and transportation expenses

foregoing paper are true to the best of my knowledge, information, and belief.
Date Signature
[side 2 of form]
Total Monthly Income: Include income from all sources including

self-employment, rent, royalties, business income, salaries, wages,
commissions, bonuses, dividends, pensions, interest, trusts, annuities, social
security benefits, workers compensation, unemployment benefits, disability
benefits, alimony or maintenance received, tips, income from side jobs,
severance pay, capital gains, gifts, prizes, lottery winnings, etc. Do not
report benefits from means-tested public assistance programs, such as food
stamps or AFDC.
Extraordinary Medical Expenses: Uninsured expenses over $ 100 for a single

illness or condition including orthodontia, dental treatment, asthma
treatment, physical therapy, treatment for any chronic health problems, and
professional counseling or psychiatric therapy for diagnosed mental disorders.
Child Care Expenses: Actual child care expenses incurred on behalf of a

child due to employment or job search of either parent with amount to be
determined by actual experience or the level required to provide quality care
from a licensed source.
School and Transportation Expenses: Any expenses for attending a special

or private elementary or secondary school to meet the particular needs of the
child and expenses for transportation of the child between the homes of the
parents.
(c) Amendment to financial statement. If there has been a material change in the information
furnished by a party in a financial statement filed pursuant to Rule 9-202, the party shall file an
amended statement and serve a copy on the other party at least ten days before the scheduled trial
date or by any earlier date fixed by the court.
(d) Inspection of financial statements. Except as provided in this section, inspection of a financial
statement filed pursuant to the Rules in this Chapter is governed by Code, State Government
Article, 10-617 (a) and (f). A financial statement is open to inspection if it is an exhibit (1)
attached to a motion that has been ruled upon by the court or (2) marked for identification at
trial, whether or not offered in evidence, and if offered, whether or not admitted. A party who
does not want the financial statement open to public inspection pursuant to this section may
make a motion at any time to have it sealed.
HISTORY: (Added Mar. 5, 2001, effective July 1, 2001; amended Oct. 31, 2002, effective Jan.
1, 2003; May 8, 2007, effective July 1, 2007.)
MARYLAND RULES
CUSTODY
Md. Rule 9-204 (2012)
Rule 9-204. Educational seminar
(a) Applicability. This Rule applies in an action in which child support, custody, or visitation is
involved and the court determines to send the parties to an educational seminar designed to
minimize disruptive effects of separation and divorce on the lives of children.
Cross references. -- Code, Family Law Article, 7-103.2.
(b) Order to attend seminar.
(1) Subject to subsection (b) (2) of this Rule and as allowed or required by the county's case
management plan required by Rule 16-202 b., the court may order the parties to attend an
educational seminar within the time set forth in the plan. The content of the seminar shall be as
prescribed in section (c) of this Rule. If a party who has been ordered to attend a seminar fails to
do so, the court may not use its contempt powers to compel attendance or to punish the party for
failure to attend, but may consider the failure as a factor in determining custody and visitation.
(2) A party who (A) is incarcerated, (B) lives outside the State in a jurisdiction where a
comparable seminar or course is not available, or (C) establishes good cause for exemption may
not be ordered to attend the seminar.
Committee note. -- Code, Family Law Article, 7-103.2 (c)(2)(v) prohibits exemption based on
evidence of domestic violence, child abuse, or neglect.
(c) Content. The seminar shall consist of one or two sessions, totaling six hours. Topics shall
include:
(1) the emotional impact of divorce on children and parents;
(2) developmental stages of children and the effects of divorce on children at different stages;
(3) changes in the parent-child relationship;

(4) discipline;
(5) transitions between households;
(6) skill-building in
(A) parental communication with children and with each other,
(B) explaining divorce to children,
(C) problem-solving and decision-making techniques,
(D) conflict resolution,
(E) coping strategies,
(F) helping children adjust to family changes,
(G) avoiding inappropriate interactions with the children, and
(H) developing constructive parenting arrangements; and
(7) resources available in cases of domestic violence, child abuse, and neglect.
(d) Scheduling. The provider of the seminar shall establish scheduling procedures so that parties
in actions where domestic violence, child abuse, or neglect is alleged do not attend the seminar at
the same time and so that any party who does not wish to attend a seminar at the same time as
the opposing party does not have to do so.
(e) Costs. The fee for the seminar shall be set in accordance with Code, Courts Article, 7-202.
Payment may be compelled by order of court and assessed among the parties as the court may
direct. For good cause, the court may waive payment of the fee.
MARYLAND RULES
CUSTODY
Md. Rule 9-205 (2012)
Rule 9-205. Mediation of child custody and visitation disputes
(a) Scope of Rule. This Rule applies to any case under this Chapter in which the custody of or
visitation with a minor child is an issue, including an initial action to determine custody or
visitation, an action to modify an existing order or judgment as to custody or visitation, and a
petition for contempt by reason of non-compliance with an order or judgment governing custody
or visitation.
(b) Duty of court.
(1) Promptly after an action subject to this Rule is at issue, the court shall determine whether:
(A) mediation of the dispute as to custody or visitation is appropriate and would likely be
beneficial to the parties or the child; and
(B) a properly qualified mediator is available to mediate the dispute.
(2) If a party or a child represents to the court in good faith that there is a genuine issue of
physical or sexual abuse of the party or child, and that, as a result, mediation would be
inappropriate, the court shall not order mediation.
(3) If the court concludes that mediation is appropriate and feasible, it shall enter an order
requiring the parties to mediate the custody or visitation dispute. The order may stay some or all
further proceedings in the action pending the mediation on terms and conditions set forth in the
order.
Cross references. -- With respect to subsection b (2) of this Rule, see Rule 1-341 and Rules 3.1
and 3.3 of the Maryland Lawyers' Rules of Professional Conduct.
(c) Scope of mediation.
(1) The court's initial order may not require the parties to attend more than two mediation
sessions. For good cause shown and upon the recommendation of the mediator, the court may
order up to two additional mediation sessions. The parties may agree to further mediation.
(2) Mediation under this Rule shall be limited to the issues of custody and visitation unless the
parties agree otherwise in writing.
(d) If agreement. If the parties agree on some or all of the disputed issues, the mediator may
assist the parties in making a record of the points of agreement. The mediator shall provide
copies of any memorandum of points of agreement to the parties and their attorneys for review
and signature. If the memorandum is signed by the parties as submitted or as modified by the
parties, a copy of the signed memorandum shall be sent to the mediator, who shall submit it to
the court.
Committee note. -- It is permissible for a mediator to make a brief record of points of agreement
reached by the parties during the mediation and assist the parties in articulating those points in
the form of a written memorandum, so that they are clear and accurately reflect the agreements
reached. Mediators should act only as scribes recording the parties' points of agreement, and not
as drafters creating legal memoranda.
(e) If no agreement. If no agreement is reached or the mediator determines that mediation is
inappropriate, the mediator shall so advise the court but shall not state the reasons. If the court
does not order mediation or the case is returned to the court after mediation without an
agreement as to all issues in the case, the court promptly shall schedule the case for hearing on
any pendente lite or other appropriate relief not covered by a mediation agreement.
(f) Confidentiality. Confidentiality of mediation communications under this Rule is governed by

Rule 17-109.
Cross references. -- For the definition of "mediation communication," see Rule 17-102 (e).
(g) Costs. Payment of the compensation, fees, and costs of a mediator may be compelled by
order of court and assessed among the parties as the court may direct. In the order for mediation,
the court may waive payment of the compensation, fees, and costs.
Cross references. -- For the qualifications and selection of mediators, see Rule 17-104.
HISTORY: (Added Mar. 5, 2001, effective July 1, 2001; Nov. 1, 2001, effective Jan. 1, 2002;
Feb. 8, 2005, effective July 1, 2005.)
MARYLAND RULES
CUSTODY
Md. Rule 9-205.0 (2012)
Rule 9-205.0. Appointment of child's counsel
(a) Applicability. This Rule applies to the appointment of child's counsel in actions involving
child custody or child access.
Cross references. -- See Code, Family Law Article, 1-202 and the Maryland Guidelines for
Practice for Court-Appointed Lawyers Representing Children in Cases Involving Child Custody
or Child Access.
(b) Factors. In determining whether to appoint child's counsel, the court should consider the
nature of the potential evidence to be presented, other available methods of obtaining
information, including social service investigations and evaluations by mental health
professionals, and available resources for payment. Appointment may be most appropriate in
cases involving the following factors, allegations, or concerns:
(1) request of one or both parties;

(2) high level of conflict;
(3) inappropriate adult influence or manipulation;
(4) past or current child abuse or neglect;
(5) past or current mental health problems of the child or party;
(6) special physical, educational, or mental health needs of the child that require investigation or
advocacy;
(7) actual or threatened family violence;
(8) alcohol or other substance abuse;
(9) consideration of terminating or suspending parenting time or awarding custody or visitation

to a non-parent;
(10) relocation that substantially reduces the child's time with a parent, sibling, or both; or
(11) any other factor that the court considers relevant.
A court should provide for adequate and effective child's counsel in all cases in which an
appointment is warranted, regardless of the economic status of the parties. The court should
make the appointment as soon as practicable after it determines that the appointment is
warranted. A court should appoint only lawyers who have agreed to serve in child custody and
child access cases in the assigned role and have been trained in accordance with Guideline 4 of
the Maryland Guidelines for Practice for Court-Appointed Lawyers Representing Children in
Cases Involving Child Custody or Child Access. In making appointments, the court should fairly
and equitably distribute cases among all qualified attorneys, taking into account the attorney's
availability and caseload. Before asking an attorney to provide representation pro bono publico
to a child, the court should consider the number of other similar cases the attorney has recently
accepted on a pro bono basis from the court.
(c) Appointment order.
(1) Content. An order appointing child's counsel shall:
(A) specify whether the attorney is to serve as a Child's Best Interest Attorney, Child's Advocate
Attorney, or Child's Privilege Attorney;
(B) authorize the appointed attorney to have reasonable access to the child and to all otherwise
privileged or confidential information about the child, without the necessity of any further order
of court or the execution of a release;
(C) permit the attorney to participate in discovery under Title 2 of these Rules as though the
child were a party;
(D) provide that the service and notice provisions in Title 1 of these Rules apply as though the
child were a party;
(E) state any other duties or responsibilities required by the court;
(F) state when the appointment terminates; and
(G) unless the attorney has agreed to serve pro bono publico, include provisions concerning
compensation for the attorney.
Cross references. -- The court should write an appointment order in plain language,
understandable to non-lawyers.
(2) Copies to parties and counsel. The court shall send a copy of the order appointing counsel to
each attorney of record and to each party, whether or not represented by an attorney.
HISTORY: (Added May 8, 2007, effective July 1, 2007.)

MARYLAND RULES
CUSTODY
Md. Rule 9-205.2 (2012)
Rule 9-205.2. Parenting Coordination
(a) Applicability. This Rule applies to the appointment of parenting coordinators by a court and
to consent orders approving the employment of parenting coordinators by the parties in actions
under this Chapter.
Committee note. -- Actions in which parenting coordination may be used include an initial action
to determine custody or visitation and an action to modify an existing order or judgment as to
custody or visitation.
(b) Definitions. In this Rule, the following definitions apply:
(1) Parenting Coordination. "Parenting coordination" means a process in which the parties work
with a parenting coordinator to reduce the effects or potential effects of conflict on the parties'
child. Although parenting coordination may draw upon alternative dispute resolution techniques,
parenting coordination is not governed by the Rules in Title 17, except as otherwise provided in
this Rule.
(2) Parenting Coordinator. "Parenting coordinator" means an impartial provider of parenting

coordination services.
(c) Qualifications of Parenting Coordinator.
(1) Age, Education, and Experience. To be designated or approved by the court as a parenting
coordinator, an individual shall:
(A) be at least 21 years old and hold a bachelor's degree from an accredited college or
university;
(B) hold a post-graduate degree in psychology, social work, counseling, negotiation, conflict
management, or a related subject area, or from an accredited medical or law school;
(C) have at least three years of related professional experience undertaken after receiving the
post-graduate degree; and
(D) hold a current license if required in the individual's area of practice.
(2) Parenting Coordination Training. A parenting coordinator also shall have completed:
(A) at least 20 hours of training in a family mediation training program meeting the
requirements of Rule 17-106 (b); and
(B) at least 40 hours of accredited specialty training in topics related to parenting coordination,
including conflict coaching, developmental stages of children, dynamics of high conflict
families, family violence dynamics, parenting skills, problem-solving techniques, and the stages
and effects of divorce.
Committee note. -- The accredited specialty training requirement may be met by training offered
by recognized national organizations such as the American Bar Association or the Association of
Family and Conciliation Courts.
(3) Continuing Education. Within each calendar year, a parenting coordinator shall complete a
minimum of four hours of continuing education approved by the Administrative Office of the
Courts in one or more of the topics listed in subsection (c)(2) of this Rule and in recent
developments in family law. The Administrative Office shall maintain a list of approved
continuing education programs.
(d) Parenting Coordinator Lists. An individual who has the qualifications listed in section (c) of
this Rule and seeks court appointment as a parenting coordinator shall submit an application to
the family support services coordinator of the circuit court for each county in which the
individual seeks appointment. The application shall document that the individual meets the
qualifications required in section (c) of this Rule. If satisfied that the applicant meets the
qualifications, the family support services coordinator shall place the applicant's name on a list of
qualified individuals which, together with the information submitted by each individual on the
list, shall be accessible to the public.
(e) Approval of Parenting Coordinator Employed by Parties. In any action in which the custody
of or visitation with a child of the parties is or was at issue, the parties, by agreement, may
employ a parenting coordinator to assist them in dealing with existing or future conflicts
regarding their access to and responsibilities for the child. The parties may jointly request the
court to enter a consent order approving the agreement. The court shall enter such an order if it
finds that the parenting coordinator has the qualifications set forth in section (c) of this Rule and
that the agreement:
(1) is in writing and signed by the parties and the parenting coordinator;
(2) states the services to be provided by the parenting coordinator;
(3) states the extent to which the parenting coordinator may receive confidential or privileged
information pertaining to the child or the parties and any limitations on the use of that
information by the parenting coordinator;
(4) states the amount or rate of compensation to be paid to the parenting coordinator, which may
exceed the amount or rate provided for in section (k) of this Rule; and
(5) is otherwise consistent with the best interest of the child.
Committee note. -- Parties who, by agreement, employ a parenting coordinator on their own
initiative are not required to seek court approval. Section (e) of this Rule applies only if they
request a court order approving the agreement.
(f) Appointment of Parenting Coordinator by Court. In an action in which the custody of or

visitation with a child of the parties is in issue and the court determines that the level of conflict
between the parties with respect to that issue so warrants, the court may appoint a parenting
coordinator in accordance with this section.
(1) Appointment During Pendency of Action. On motion of a party, on joint request of the
parties, or on the court's own initiative and after notice and hearing, the court may appoint a
parenting coordinator during the pendency of the action. Unless sooner terminated in accordance
with this Rule, the appointment shall terminate upon the entry of a judgment granting or
modifying custody or visitation.
(2) Appointment Upon Entry of Judgment. Upon entry of a judgment granting or modifying
custody or visitation, the court, with the consent of the parties and after a hearing, may appoint a
parenting coordinator. The court may appoint the individual who served as a parenting
coordinator during the pendency of the action. Unless sooner terminated in accordance with this
Rule, the appointment of a post-judgment parenting coordinator shall not exceed two years
unless the parties and the parenting coordinator agree in writing to an extension for a specified
longer period.
Committee note. -- Appointment of a parenting coordinator does not affect the applicability of
Rules 9-204, 9-205, or 9-205.1, nor does the appointment preclude the use of an alternative
dispute resolution process under Title 17 of these Rules.
(3) Selection. The court may not appoint an individual as a parenting coordinator unless the
individual:
(A) has the qualifications listed in section (c) of this Rule,
(B) is willing to serve as the parenting coordinator in the action, and
(C) agrees not to charge or accept a fee in excess of that allowed in the applicable fee schedule
adopted pursuant to subsection (k)(1) of this Rule.
(4) Contents of Order or Judgment. An order or judgment appointing a parenting coordinator

shall include:
(A) the name, business address, e-mail address, and telephone number of the parenting
coordinator;
(B) if there are allegations or findings of domestic violence committed by or against a party or
child, any provisions the court deems necessary to address the safety and protection of the
parties, all children of the parties, other children residing in the home of a party, and the
parenting coordinator; and
Committee note. -- The order must be consistent with the relevant provisions of any other
existing order, such as a "no contact" requirement that is included in a civil protective order or is
a condition of pre-trial release in a criminal case.
(C) if the appointment is of a post-judgment parenting coordinator, any decision-making

authority of the parenting coordinator authorized pursuant to subsection (g)(9) of this Rule.
(g) Services Permitted. As appropriate, a parenting coordinator may:
(1) if there is no operative custody and visitation order, work with the parties to develop an
agreed plan for custody and visitation;
(2) if there is an operative custody and visitation order, assist the parties in amicably resolving
disputes about the interpretation of and compliance with the order and in making any joint
recommendations to the court for any changes to the order;
(3) educate the parties about making and implementing decisions that are in the best interest of
the child;
(4) assist the parties in developing guidelines for appropriate communication between them;
(5) suggest resources to assist the parties;

(6) assist the parties in modifying patterns of behavior and in developing parenting strategies to
manage and reduce opportunities for conflict in order to reduce the impact of any conflict upon
their child;
(7) in response to a subpoena issued at the request of a party or an attorney for a child of the
parties, or upon action of the court pursuant to Rule 2-514 or 5-614, produce documents and
testify in the action as a fact witness;
(8) if concerned that a party or child is in imminent physical or emotional danger, communicate
with the court or court personnel to request an immediate hearing; and
(9) decide post-judgment disputes by making minor, temporary modifications to child access
provisions ordered by the court if (A) the judgment or post-judgment order of the court
authorizes such decision making, and (B) the parties have agreed in writing or on the record that
the post-judgment parenting coordinator may do so.
Committee note. -- Examples of such modifications include one-time or minor changes in the
time or place for child transfer and one-time or minor deviations from access schedules to
accommodate special events or circumstances.
(h) Services Not Permitted. A parenting coordinator may not:
(1) except as permitted by subsections (g)(7) and (8) of this Rule, communicate orally or in
writing with the court or any court personnel regarding the substance of the action;
Committee note. -- This subsection does not prohibit communications with respect to routine
administrative matters; collection of fees, including submission of records of the number of
contacts with each party and the duration of each contact; or resignation. Nothing in the
subsection affects the duty to report child abuse or neglect under any provision of federal or State
law or the right of the parenting coordinator to defend against allegations of misconduct or
negligence.
(2) testify in the action as an expert witness; or Cross reference: See Rule 5-702 as to expert
witnesses.
Cross references. -- See Rule 5-702 as to expert witnesses.
(3) except for decision making by a post-judgment parenting coordinator authorized pursuant to
subsection (g)(9) of this Rule, make parenting decisions on behalf of the parties.
(i) Confidential Information.
(a) Access to Case Records. Except as otherwise provided in this subsection, the parenting
coordinator shall have access to all case records in the action. If a document or any information
contained in a case record is not open to public inspection under the Rules in Title 16, Chapter
1000, the court shall determine whether the parenting coordinator may have access to it and shall
specify any conditions to that access.
Cross references. -- See Rule 16-1001 for the definition of "case record."
(2) Other Confidential Information.
(A) A parenting coordinator may not require or coerce the parties or an attorney for the child to
release any confidential information that is not included in the case record
(B) Confidential or privileged information received by the parenting coordinator from a party or
from a third person with the consent of a party may be disclosed by the parenting coordinator to
the other party, to an attorney for the child, and in court pursuant to subsections (g)(7) and (8) of
this Rule. Unless otherwise required by law, the parenting coordinator may not disclose the
information to anyone else without the consent of the party who provided the information or
consented to a third person providing it.
(j) Removal or Resignation of Parenting Coordinator.
(1) Removal. The court shall remove a parenting coordinator:
(A) on motion of a party or an attorney for the child, if the court finds good cause, or
(B) on a finding that continuation of the appointment is not in the best interest of the child.
(2) Resignation. A parenting coordinator may resign at any time by written notice sent by first-
class mail to each party and any attorney for the child. The notice shall state the effective date of
the resignation and that the parties may request the appointment of another parenting
coordinator. The notice shall be sent at least 15 days before the effective date of the resignation.
Promptly after mailing the notice, and at least seven days before the effective date of resignation,
the parenting coordinator shall file a copy of the notice with the court.
(k) Fees.
(1) Fee Schedules. Subject to the approval of the Chief Judge of the Court of Appeals, the county
administrative judge of each circuit court may develop and adopt maximum fee schedules for
parenting coordinators. In developing the fee schedules, the county administrative judge shall
take into account the availability of qualified individuals willing to provide parenting
coordination services and the ability of litigants to pay for those services. A parenting
coordinator appointed by the court may not charge or accept a fee for parenting coordination
services in that action in excess of the fee allowed by the applicable schedule. Violation of this
subsection shall be cause for removal from all lists maintained pursuant to section (d) of this
Rule, Rule 9-205, and the Rules in Title 17.
(2) Allocation of Fees and Expenses. Subject to any agreement entered into by the parties
pursuant to section (e) of this Rule, the court shall designate how and by whom the parenting
coordinator shall be paid. If the court finds that the parties have the financial means to pay the
fees and expenses of the parenting coordinator, the court shall allocate the fees and expenses of
the parenting coordinator between the parties and may enter an order against either or both
parties for the reasonable fees and expenses.
MARYLAND RULES
CUSTODY
Md. Rule 9-206 (2012)
Rule 9-206. Child support guidelines
(a) Definitions. The following definitions apply in this Rule:
(1) Shared physical custody. "Shared physical custody" has the meaning stated in Code, Family
Law Article, 12-201 (i).
(2) Worksheet. "Worksheet" means a document to compute child support under the guidelines
set forth in Code, Family Law Article, Title 12, Subtitle 2.
(b) Filing of worksheet. In an action involving the establishment or modification of child

support, each party shall file a worksheet in the form set forth in section (c) or (d) of this Rule.
Unless the court directs otherwise, the worksheet shall be filed not later than the date of the
hearing on the issue of child support.
Cross references. -- See Code, Family Law Article, 12-203 (a) and Walsh v. Walsh, 333 Md.
492 (1994).
(c) Primary physical custody. Except in cases of shared physical custody, the worksheet shall be
in substantially the following form:
In the
Circuit Court for
v.
No.
WORKSHEET A -- CHILD SUPPORT OBLIGATION:

PRIMARY PHYSICAL CUSTODY
Name of Child Date of Birth Name of Child Date of Birth
Mother
Father
Combined
1. MONTHLY ACTUAL INCOME (Before

//////////
taxes)
(Code, Family Law Article, 12-201 (b))
$ $
//////////
a. Minus preexisting child support

//////////
payment actually paid -

-
//////////
b. Minus alimony actually paid

- -
//////////
c. Plus/minus alimony awarded in

//////////
this case +/-

+/-
//////////
2. MONTHLY ADJUSTED ACTUAL INCOME

$ $
$
3. PERCENTAGE SHARE OF INCOME

//////////
Divide each parent's income

//////////
on line 2 by the combined income

//////////
on line 2. %
%
//////////
4. BASIC CHILD SUPPORT OBLIGATION
//////// ////////
(Apply line 2 Combined Income to Child

////////
////////
Support Schedule.) ////////

////////
$
a. Work-Related Child Care
Expenses
(Code, Family Law Article 12-204 (g))

$ $
+
b. Health Insurance Expenses
(Code, Family Law Article
12-204 (h) (1))
$
$
+
c. Extraordinary Medical Expenses
(Code, Family Law Article,
12-204 (h) (2) $

$
+
d. Cash Medical Support
12-102 (c) -- applies only to

a child support order under
Title IV, Part D of the Social
Security Act) $
$
+
e. Additional Expenses
12-204 (i)) $
$
+
5. TOTAL CHILD SUPPORT OBLIGATION

//////// //////////
(Add lines 4, 4a, 4b, 4c, 4d, and 4e).

////////
/////////
$
6. EACH PARENT'S CHILD SUPPORT

//////////
OBLIGATION (Multiply line

//////////
5 by line 3 for each parent.)

$ $
//////////
7. TOTAL DIRECT PAY BY EACH PARENT

//////////
(Add the expenses shows on lines

//////////
4a, 4b, 4c, 4d, and 4e paid by
//////////
each parent.) $
$
//////////
8. RECOMMENDED CHILD SUPPORT AMOUNT

//////////
(Subtract line 7 from line 6 for each parent)

$
$
//////////
9. RECOMMENDED CHILD SUPPORT ORDER

//////////
(Bring down amount from line 8 for

//////////
the non-custodial parent only.

//////////
If this is a negative
//////////
number, see Comment (2), below.)

$ $
//////////
Comments or special adjustments, such as (1) any adjustment for certain

third party benefits paid to or for the child of an obligor who is disabled,
retired, or receiving benefits as a result of a compensable claim (see Code,
Family Law Article, 12-204 (j) or (2) that there is a negative dollar amount
on line 9, which indicates a recommended child support order directing the
custodial parent to reimburse the non-custodial parent this amount for "direct
pay" expenses):
PREPARED BY: DATE:
(d) Shared physical custody. In cases of shared physical custody, the worksheet shall be in
In the
Circuit Court for
v.
No.
WORKSHEET B -- CHILD SUPPORT OBLIGATION:

SHARED PHYSICAL CUSTODY
Name of Child Date of Birth

Name of Child
Date of Birth
Name of Child
Date of Birth

Name of Child
Date of Birth
Mother
Father
Combined
1. MONTHLY ACTUAL INCOME (Before

//////////
taxes) $
$
//////////
(Code, Family Law Article, 12-201 (b))
a. Minus preexisting child support

//////////
payment actually paid -

-
//////////
b. Minus alimony actually paid

- -
//////////
c. Plus/minus alimony awarded in
//////////
this case +/-

+/-
//////////
2. MONTHLY ADJUSTED ACTUAL INCOME

$ $
$
3. PERCENTAGE SHARE OF INCOME

//////////
Divide each parent's income

//////////
on line 2 by the combined

//////////
income on line 2.) %

%
//////////

//////// ////////
(Apply line 2 Combined Income

//////// ////////
to Child Support Schedule.)

//////// ////////
$
5. ADJUSTED BASIC CHILD SUPPORT

//////// ////////
OBLIGATION (Multiply Line 4 by 1.5)

//////// ////////
$
6. OVERNIGHTS with each parent (must
total 365)
365
7. PERCENTAGE WITH EACH PARENT

//////////
(Line 6 divided by 365) A

%
B
%
//////////
STOP HERE IF Line 7 is less than 35%

//////// ////////
//////////
for either parent. Shared physical

//////// ////////
//////////
custody does not apply. (Use

//////// ////////
//////////
Worksheet A, instead.)
//////// ////////
//////////
8. EACH PARENT'S THEORETICAL CHILD

//////////
SUPPORT OBLIGATION (Multiply line

//////////
5 by line 3 for each

//////////
parent.) A$
B$
//////////
//////////
FOR TIME WITH OTHER PARENT

//////////
(Multiply line 8A by line 7B

//////////
and put answer on line 9A.)

//////////
(Multiply line 8B by line 7A

//////////
and put answer on line 9B.)

A$ B$
//////////
10. NET BASIC CHILD SUPPORT

//////////
OBLIGATION (Subtract lesser

//////////
amount from greater amount in

//////////
line 9 and place answer here

//////////
under column with greater amount

//////////
in Line 9.) $
$
//////////
11. EXPENSES: ////////

////////
a. Work-Related Child Care

//////// ////////
Expenses ////////
////////

//////// ////////
12-204 (g)) ////////

////////
+
b. Health Insurance Expenses

//////// ////////

//////// ////////

//////// ////////
12-204 (h) (1)) ////////

////////
+
c. Extraordinary Medical
//////// ////////
Expenses ////////
////////

//////// ////////
12-204 (h) (2)) ////////

////////
+
d. Cash Medical Support

//////// ////////

//////// ////////
12-102 (c) -- applies only to
//////// ////////
a child support order under

//////// ////////
Title IV, Part D of the Social

//////// ////////
Security Act) ////////

////////
+
e. Additional Expenses
//////// ////////

//////// ////////
12-204 (i)) ////////

////////
+
12. NET ADJUSTMENT FROM WORKSHEET

//////////
C. Enter amount from line l,

//////////
WORKSHEET C, if applicable. If
//////////
not, continue to Line 13. $

$
//////////
13. NET BASIC CHILD SUPPORT

//////////
OBLIGATION (From Line 10,

//////////
WORKSHEET B) $
$
//////////
14. RECOMMENDED CHILD SUPPORT ORDER

//////////
(If the same parent owes money

//////////
under Lines 12 and 13, add

//////////
these two figures to obtain

//////////
the amount owed by that parent. If

//////////
one parent owes money under

//////////
Line 12 and the other owes

//////////
money under Line 13, subtract

//////////
the lesser amount from the

//////////
greater amount to obtain the

//////////
difference. The parent owing

//////////
the greater of the two amounts

//////////
on Lines 12 and 13 will owe

//////////
that difference as the child

//////////
support obligation. NOTE: The
//////////
amount owed in a shared custody

//////////
arrangement may not exceed the

//////////
amount that would be owed if

//////////
the obligor parent were a

//////////
noncustodial parent. See

//////////
WORKSHEET A). $
$
//////////
PREPARED BY: DATE:
Comments, or special adjustments, such as any adjustment for certain third

party benefits paid to or for the child of an obligor who is disabled,
retired, or receiving benefits as a result of a compensable claim (see Code,
Family Law Article, 12-204 (j)):
INSTRUCTIONS FOR WORKSHEET C: Use Worksheet C ONLY if any of the Expenses

listed in lines 11 a, 11 b, 11 c, 11 d, or 11 e is directly paid out or
received by the parents in a different proportion than the percentage share of
income entered on line 3 of Worksheet B. Example: If the mother pays all of
the day care, or parents split education/medical costs 50/50 and line 3 is
other than 50/50. If there is more than one 11 e expense, the calculations
on lines i and j below must be made for each expense.
WORKSHEET C -- FOR ADJUSTMENTS, LINE 12, WORKSHEET B
Mother
Father
a. Total amount of direct payments made for
Line 11a expenses multiplied by each parent's
percentage of income (Line 3, WORKSHEET B)
(Proportionate share) $
$
b. The excess amount of direct payments made
by the parent who pays more than the
amount calculated in Line a, above. (The
difference between amount paid and
proportionate share) $
$
c. Total amount of direct payments made for
Line 11b expenses multiplied by each parent's

$
$
d. The excess amount of direct payments made

amount calculated in Line c, above.

$
$
e. Total amount of direct payments made for
Line 11 c expenses multiplied by each parent's

$
$
f. The excess amount of direct payments made
amount calculated in Line e, above.

$
$
g. Total amount of direct payments made
for Line 11 d expenses multiplied by
each parent's percentage of income
(Line 3, WORKSHEET B) $
$
h. The excess amount of direct payments
made by the parent who pays more than the
amount calculated in Line g, above.

$
$
i. Total amount of direct payments made

for Line 11 e expenses multiplied by
each parent's percentage of income
(Line 3, WORKSHEET B). $

$
j. The excess amount of direct payments
made by the parent who pays more than the
amount calculated in Line i, above.

$
$
k. For each parent, add lines b, d, f, h, and j

$
$
l. Subtract lesser amount from greater
amount in Line k, above. Place the answer
on this line under the lesser amount in
Line k. Also enter this answer on Line 12
of WORKSHEET B, in the same parent's
column. $
$
HISTORY: (Added Mar. 5, 2001, effective July 1, 2001; amended Dec. 4, 2007, effective Jan.
1, 2008; amended Oct. 5, 2009, effective Oct. 5, 2009.)
MARYLAND RULES
CUSTODY
Md. Rule 9-207 (2012)
Rule 9-207. Joint statement of marital and non-marital property

(a) When required. When a monetary award or other relief pursuant to Code, Family Law
Article, 8-205 is an issue, the parties shall file a joint statement listing all property owned by
one or both of them.
(b) Form of property statement. The joint statement shall be in substantially the following form:
JOINT STATEMENT OF PARTIES CONCERNING

MARITAL AND NON-MARITAL PROPERTY
1. The parties agree that the following property is "marital property" as

defined by Maryland Annotated Code, Family Law Article, 8-201:
Description How Titled

Fair Market Value
Liens, Encumbrances,
of Property or
Debt Directly
Attributable
Husband's Wife's
Husband's Wife's
Husband's
Wife's
Assertion Assertion
Assertion Assertion
Assertion
Assertion
2. The parties agree that the following property is not marital property
because the property (a) was acquired by one party before marriage, (b) was
acquired by one party by inheritance or gift from a third person, (c) has been
excluded by valid agreement, or (d) is directly traceable to any of those
sources:

Fair Market Value
of Property or
Debt Directly
Attributable
Husband's Wife's
Husband's Wife's
Husband's
Wife's
Assertion Assertion
Assertion Assertion
Assertion
Assertion
3. The parties are not in agreement as to whether the following property

is marital or non-marital:
Fair Market Value
of Property or
Debt Directly
Attributable
Husband's Wife's
Husband's Wife's
Husband's
Wife's
Assertion Assertion
Assertion Assertion
Assertion
Assertion
Date
Plaintiff or Attorney
Date
Defendant or Attorney
INSTRUCTIONS:
1. If the parties do not agree about the title or value of any property, the parties shall set forth in
the appropriate column a statement that the title or value is in dispute and each party's assertion
as to how the property is titled or the fair market value.
2. In listing property that the parties agree is non-marital because the property is directly
traceable to any of the listed sources of non-marital property, the parties shall specify the source
to which the property is traceable.
(c) Time for filing; procedure. The joint statement shall be filed at least ten days before the
scheduled trial date or by any earlier date fixed by the court. At least 30 days before the joint
statement is due to be filed, each party shall prepare and serve on the other party a proposed
statement in the form set forth in section (b) of this Rule. At least 15 days before the joint
statement is due, the plaintiff shall sign and serve on the defendant for approval and signature a
proposed joint statement that fairly reflects the positions of the parties. The defendant shall
timely file the joint statement, which shall be signed by the defendant or shall be accompanied
by a written statement of the specific reasons why the defendant did not sign.
(d) Sanctions. If a party fails to comply with this Rule, the court, on motion or on its own
initiative, may enter any orders in regard to the noncompliance that are just, including:
(1) an order that property shall be classified as marital or non-marital in accordance with the
statement filed by the complying party;
(2) an order refusing to allow the noncomplying party to oppose designated assertions on the
complying party's statement filed pursuant to this Rule, or prohibiting the noncomplying party
from introducing designated matters in evidence.
Instead of or in addition to any order, the court, after opportunity for hearing, shall require the
noncomplying party or the attorney advising the noncompliance or both of them to pay the
reasonable expenses, including attorney's fees, caused by the noncompliance, unless the court
finds that the noncompliance was substantially justified or that other circumstances make an
award of expenses unjust.
Committee note. -- The Joint Statement of Marital and Non-Marital Property is not intended as a
substitute for discovery in domestic relations cases.
MARYLAND RULES
CUSTODY
Md. Rule 9-208 (2012)

Rule 9-208. Referral of matters to masters
(a) Referral.
(1) As of course. If a court has a full-time or part-time standing master for domestic relations
matters and a hearing has been requested or is required by law, the following matters arising
under this Chapter shall be referred to the master as of course unless the court directs otherwise
in a specific case:
(A) uncontested divorce, annulment, or alimony;
(B) alimony pendente lite;
(C) child support pendente lite;
(D) support of dependents;
(E) preliminary or pendente lite possession or use of the family home or family-use personal
property;
(F) subject to Rule 9-205, pendente lite custody of or visitation with children or modification of
an existing order or judgment as to custody or visitation;
(G) subject to Rule 9-205 as to child access disputes, constructive civil contempt by reason of
noncompliance with an order or judgment relating to custody of or visitation with a minor child,
the payment of alimony or support, or the possession or use of the family home or family-use
personal property, following service of a show cause order upon the person alleged to be in
contempt;
(H) modification of an existing order or judgment as to the payment of alimony or support or as

to the possession or use of the family home or family-use personal property;
(I) counsel fees and assessment of court costs in any matter referred to a master under this Rule;
(J) stay of an earnings withholding order; and
(K) such other matters arising under this Chapter and set forth in the court's case management
plan filed pursuant to Rule 16-202 b.
Committee note. -- Examples of matters that a court may include in its case management plan for
referral to a master under subsection (a) (1) (J) of this Rule include scheduling conferences,
settlement conferences, uncontested matters in addition to the matters listed in subsection (a) (1)
(A) of this Rule, and the application of methods of alternative dispute resolution.
(2) By order on agreement of the parties. By agreement of the parties, any other matter or issue
arising under this Chapter may be referred to the master by order of the court.
(b) Powers. Subject to the provisions of an order referring a matter or issue to a master, the
master has the power to regulate all proceedings in the hearing, including the power to:
(1) direct the issuance of a subpoena to compel the attendance of witnesses and the production
(2) administer oaths to witnesses;
(3) rule on the admissibility of evidence;
(4) examine witnesses;
(5) convene, continue, and adjourn the hearing, as required;
(6) recommend contempt proceedings or other sanctions to the court; and
(7) recommend findings of fact and conclusions of law.
(c) Hearing.
(1) Notice. A written notice of the time and place of the hearing shall be sent to all parties.
(3) Record. All proceedings before a master shall be recorded either stenographically or
electronically, unless the making of the record is waived in writing by all parties. A waiver of the
making of a record is also a waiver of the right to file exceptions that would require review of the
record for their determination.
(d) Contempt proceedings; referral for de novo hearing. If, at any time during a hearing on a
party's alleged constructive civil contempt, the master concludes that there are reasonable
grounds to believe that the party is in contempt and that incarceration may be an appropriate
sanction, the master shall (1) set a de novo hearing before a judge of the circuit court, (2) cause
the alleged contemnor to be served with a summons to that hearing, and (3) terminate the
master's hearing without making a recommendation. If the alleged contemnor is not represented
by an attorney, the date of the hearing before the judge shall be at least 20 days after the date of
the master's hearing and, before the master terminates the master's hearing, the master shall
advise the alleged contemnor on the record of the contents of the notice set forth in Rule 15-206
(c) (2).
(e) Findings and recommendations.
(1) Generally. Except as otherwise provided in section (d) of this Rule, the master shall prepare
written recommendations, which shall include a brief statement of the master's findings and shall
be accompanied by a proposed order. The master shall notify each party of the recommendations,
either on the record at the conclusion of the hearing or by written notice served pursuant to Rule
1-321. In a matter referred pursuant to subsection (a) (1) of this Rule, the written notice shall be
given within ten days after the conclusion of the hearing. In a matter referred pursuant to
subsection (a) (2) of this Rule, the written notice shall be given within 30 days after the
conclusion of the hearing. Promptly after notifying the parties, the master shall file the
recommendations and proposed order with the court.
(2) Supplementary report. The master may issue a supplementary report and recommendations
on the master's own initiative before the court enters an order or judgment. A party may file
exceptions to new matters contained in the supplementary report and recommendations in
accordance with section (f) of this Rule.
(f) Exceptions. Within ten days after recommendations are placed on the record or served
pursuant to section (e) of this Rule, a party may file exceptions with the clerk. Within that period
or within ten days after service of the first exceptions, whichever is later, any other party may
file exceptions. Exceptions shall be in writing and shall set forth the asserted error with
particularity. Any matter not specifically set forth in the exceptions is waived unless the court
finds that justice requires otherwise.
(g) Requirements for excepting party. At the time the exceptions are filed, the excepting party
shall do one of the following: (1) order a transcript of so much of the testimony as is necessary to
rule on the exceptions, make an agreement for payment to ensure preparation of the transcript,
and file a certificate of compliance stating that the transcript has been ordered and the agreement
has been made; (2) file a certification that no transcript is necessary to rule on the exceptions; (3)
file an agreed statement of facts in lieu of the transcript; or (4) file an affidavit of indigency and
motion requesting that the court accept an electronic recording of the proceedings as the
transcript. Within ten days after the entry of an order denying a motion under subsection (g) (4)
of this section, the excepting party shall comply with subsection (g) (1). The transcript shall be
filed within 30 days after compliance with subsection (g) (1) or within such longer time, not
exceeding 60 days after the exceptions are filed, as the master may allow. For good cause shown,
the court may shorten or extend the time for the filing of the transcript. The excepting party shall
serve a copy of the transcript on the other party. The court may dismiss the exceptions of a party
who has not complied with this section.
Cross references. -- For the shortening or extension of time requirements, see Rule 1-204.
(h) Entry of orders.
(1) In general. Except as provided in subsections (2) and (3) of this section,
(A) the court shall not direct the entry of an order or judgment based upon the master's
timely filed, until the court rules on the exceptions; and
(B) if exceptions are not timely filed, the court may direct the entry of the order or judgment as
(2) Immediate orders. This subsection does not apply to the entry of orders in contempt
proceedings. If a master finds that extraordinary circumstances exist and recommends that an
order be entered immediately, the court shall review the file and any exhibits and the master's
findings and recommendations and shall afford the parties an opportunity for oral argument. The
court may accept, reject, or modify the master's recommendations and issue an immediate order.
An order entered under this subsection remains subject to a later determination by the court on
exceptions.
(3) Contempt orders.
(A) On recommendation by the master. On the recommendation by the master that an individual
be found in contempt, the court may hold a hearing and direct the entry of an order at any time.
The order may not include a sanction of incarceration.
(B) Following a de novo hearing. Upon a referral from the master pursuant to section (d) of this
Rule, the court shall hold a de novo hearing and enter any appropriate order.
(i) Hearing on exceptions.
(1) Generally. The court may decide exceptions without a hearing, unless a request for a hearing
is filed with the exceptions or by an opposing party within ten days after service of the
exceptions. The exceptions shall be decided on the evidence presented to the master unless: (A)
reasons why the evidence was not offered before the master, and (B) the court determines that
the additional evidence should be considered. If additional evidence is to be considered, the court
may remand the matter to the master to hear and consider the additional evidence or conduct a de
novo hearing.
(2) When hearing to be held. A hearing on exceptions, if timely requested, shall be held within
60 days after the filing of the exceptions unless the parties otherwise agree in writing. If a
transcript cannot be completed in time for the scheduled hearing and the parties cannot agree to
an extension of time or to a statement of facts, the court may use the electronic recording in lieu
of the transcript at the hearing or continue the hearing until the transcript is completed.
(j) Costs. The court, by order, may assess among the parties the compensation, fees, and costs of
the master and of any transcript.
Committee note. -- Compensation of a master paid by the State or a county is not assessed as
costs.
HISTORY: (Added Mar. 5, 2001, effective July 1, 2001; amended Nov. 12, 2003, effective Jan.
1, 2004.)
MARYLAND RULES
CUSTODY
Md. Rule 9-209 (2012)
Rule 9-209. Testimony
A judgment granting a divorce, an annulment, or alimony may be entered only upon testimony
in person before an examiner or master or in open court. In an uncontested case, testimony shall
be taken before an examiner or master unless the court directs otherwise. Testimony of a
corroborating witness shall be oral unless otherwise ordered by the court for good cause.
MARYLAND RULES
CUSTODY
Md. Rule 9-210 (2012)
Rule 9-210. Attachment, seizure, and sequestration
(a) Alimony from a nonresident defendant. A plaintiff who seeks alimony from a nonresident
defendant under Code, Family Law Article 11-104, may request an order for the attachment or
sequestration of the defendant's property in accordance with the procedures of Rule 2-115. The
court may enter any appropriate order regarding the property that is necessary to make the award
effective.
(b) Enforcement of an order awarding child support, alimony, attorney's fees, or a monetary
award. When the court has ordered child support, alimony, attorney's fees, or a monetary award,
the property of a noncomplying obligor may be seized or sequestered in accordance with the
procedures of Rules 2-648 and 2-651.
HISTORY: (Added Mar. 5, 2001, effective July 1, 2001; amended Sept. 10, 2009, effective Oct.
1, 2009.)
MARYLAND RULES
FORMS FOR GUARDIANSHIPS THAT TERMINATE PARENTAL RIGHTS AND
ADOPTIONS
Md. Rules Form 9-102.1 (2012)
Form 9-102.1. Consent of parent to a public agency guardianship

CONSENT OF PARENT TO GUARDIANSHIP WITH THE RIGHT TO CONSENT TO
ADOPTION OF TO THE DEPARTMENT
OF SOCIAL SERVICES
INSTRUCTIONS
These instructions and attached consent form may be used only in cases where the child is a
Child in Need of Assistance. Code, Family Law Article, Title 5, Subtitle 3, Part II.
The attached consent form is an important legal document. You must read all of these
instructions BEFORE you sign the consent form. If you do not understand the instructions or the
consent form, you should not sign it. If you are under 18 years old or if you have a disability that
makes it difficult for you to understand, do not sign the consent form unless you have a lawyer.
A. Right to Have This Information in a Language You Understand
You have the right to have these instructions and the consent form translated into a language that
you understand. If you cannot read or understand English, you should not sign the consent form.
You should have this form translated for you into a language you do understand. The translated
consent form is the one you should read and decide whether or not to sign. Any translation must
have an affidavit attached in which the translator states that it is a true and accurate translation of
this document.
B. Right to Speak with a Lawyer
You have the right to speak with a lawyer before you decide whether or not to consent.
If you are unable to afford a lawyer, you may be eligible for a lawyer through the Office of the
Public Defender. You should contact the Office of the Public Defender, and ask for a lawyer to
represent you in a D.S.S. (Department of Social Services) guardianship case.
You should not sign the consent form without a lawyer if you are under 18 years old or have a
disability that makes it difficult for you to understand this document. If you are under 18 years
old or have a disability that makes it difficult for you to understand this document, you are
required to have a lawyer review the form with you before you can consent to the guardianship.
You should contact the Office of the Public Defender, or let the Juvenile Court know that you
need to have a lawyer appointed for you.
Even if you do not have the right to have the court appoint a lawyer for you or to be represented
through the Office of the Public Defender, you have the right to speak with a lawyer you choose
before you decide whether to consent.
C. Post-adoption Agreement
If you have made a written agreement with the adoptive parents for future contact (known as a
post-adoption agreement), a copy of that agreement must be attached to the signed consent form.
If you have a post-adoption agreement, and, after the adoption, the adoptive parents do not do
what they agreed to do, it will not affect your consent to the guardianship or the adoption.
However, if that happens, you have the right to ask a judge to make them do what they agreed to
do. The judge can order you and the adoptive parents to go to mediation, order the adoptive
parents to do what they agreed to do, or change the agreement if the judge decides that it is in the
child's best interest.
D. Conditional Consent
If you decide to sign the consent form, you will have two choices:
(1) you can consent to the guardianship and the adoption of your child by a family approved by
D.S.S.; or
(2) you can consent to the guardianship only if the child is adopted into a specific family. This is
called a "conditional consent." If you sign a conditional consent, and the family whose name is
on the consent cannot adopt the child, your consent will no longer be valid. The court will try to
locate you to find out if you want to sign a new consent. If you do not sign a new consent, the
court can have a trial to decide whether or not your parental rights should be ended (terminated)
and whether or not guardianship with the right to consent to adoption should be granted to
D.S.S., even without your consent.
E. Effect of Signing the Consent Form
IF YOU SIGN THE CONSENT FORM, AND THE GUARDIANSHIP IS GRANTED, YOU WILL
BE GIVING UP ALL RIGHTS AND RESPONSIBILITIES RELATING TO THE CHILD.
If you have a post-adoption agreement, you will keep only the rights the agreement gives you.
Violation of the agreement will not affect your consent or the adoption.
After you sign the consent form, the person or agency to whom you give the form must file it in
the Juvenile Court promptly. If a guardianship case has been filed, it will be filed in the
guardianship case. If a guardianship case has not been filed, it will be filed in the child's CINA
(Child in Need of Assistance) case. When it is filed, a copy of the filed consent form will be sent
to you at the address you list at the end of the consent form. It is your responsibility to let the
court know if your address changes.
F. Right to Revoke Consent
If you sign the consent form and then change your mind and no longer want to consent, you have
the right to revoke (cancel) the consent within 30 days after the date that it is filed in Juvenile
Court. The only way that you can revoke this consent is by giving a signed written revocation
statement with the name, sex, and date of birth of the child (if you know it) to:
Juvenile Clerk, Circuit Court for , at (Address).
The written and signed revocation statement must be sent to the court, not to your social worker
or lawyer. You may deliver your written revocation of consent in person or by mail. If it is not
received by the Juvenile Clerk's office within 30 days after the date the consent form was filed in
court, it will be too late, and you will not be able to withdraw the consent or stop the
guardianship from being granted.
G. Further Notice of Guardianship and Adoption Proceedings
A petition for guardianship with the right to consent to adoption has been or will be filed in
Juvenile Court. If you sign the consent form, your written consent form will also be
filed in the Juvenile Court. You have the right to be notified when the petition is filed, about any
hearings before or after guardianship is granted, if and when guardianship is granted, and if and
when the child is adopted. Any notices will be sent to the address given by you on the consent
form, unless you write to the Juvenile Clerk at (court's address) and give the clerk
your new address. You may waive (give up) your right to notice if you wish to do so. Even if you
give up your right to notice, someone from the court may contact you if further information is
needed.
H. Compensation
Under Maryland law, you are not allowed to charge or receive money or compensation of any
kind for the placement for adoption of your child or for your agreement to the adoptive parent
having custody of your child, except that reasonable and customary charges or fees for adoption
counseling, hospital, legal, or medical services may be paid.
I. Access to Birth and Adoption Records
When your child is at least 21 years old, your child, your child's other parent, or you may apply
to the Maryland Secretary of the Department of Health and Mental Hygiene for access to certain
birth and adoption records. If you do not want information about you to be disclosed (given) to
that person, you have the right to prevent disclosure by filing a disclosure veto. Attached to this
document is a copy of the form that you may use if you want to file a disclosure veto.
J. Adoption Search, Contact, and Reunion Services
When your child is at least 21 years old, your child, your child's other parent or siblings, or you
may apply to the Director of the Social Services Administration of the Maryland Department of
Human Resources for adoption search, contact, and reunion services.
K. Rights Under the Indian Child Welfare Act
If you or your child are members of or are eligible for membership in an Indian tribe, as defined
by federal law, you have special legal rights under the Indian Child Welfare Act. You should not
sign this consent form if you believe this may apply to you. You should tell the person requesting
the consent or the court that you believe that your child's case should be handled under the Indian
Child Welfare Act.
L. Authorization for Access to Medical and Mental Health Records
You may be asked to sign a separate form (authorization) to allow the adoptive parents and
D.S.S. to get your child's medical and mental health records or your medical and mental health
records. If you agree to allow access to this information, the records given to the adoptive parents
will not include identifying information about you unless identifying information was previously
exchanged by agreement.
M. Signature, Witness, and Copy
If you decide to complete and sign the consent form, you must have a witness present when you
sign it. The witness must be someone 18 or older and should not be the child or the child's other
parent. You must complete and sign the form with a pen and print or type in your name, address,
and telephone number. The witness also must sign the form and print or type in the witness'
name, address, and telephone number in the blanks on the last page.
If you have a post-adoption agreement, you must attach a copy to the signed consent form.
You have the right to receive a copy of the signed consent form.
STOP HERE IF YOU DID NOT UNDERSTAND SOMETHING YOU HAVE READ OR IF YOU
WANT TO SPEAK WITH A LAWYER BEFORE YOU DECIDE IF YOU WANT TO SIGN THE
CONSENT FORM.
If you wish to sign the consent form, you must also sign here to verify that you read these
instructions and understand them:
(Signature) (Date)
You must attach a copy of these signed instructions to the signed consent form.
CONSENT TO GUARDIANSHIP WITH THE RIGHT TO CONSENT TO ADOPTION OF

TO DEPARTMENT
OF SOCIAL SERVICES
Use a pen to fill out this form. You must complete each section.
A. Identifying Information
1. Language.
I understand English, or this consent form has been translated into , a language that
I understand.
2. Name.
My name is .
3. Age.
My date of birth is .
4. Child.
The child who is the subject of this consent was born on
(date)
at ,
(name of hospital or address of birthplace)
in .
(city, state, and county of birth)
5. Status as Parent. Check all that apply.
(a) I am
[ ] the mother of the child
[ ] the father of the child
[ ] alleged to be the father of the child
(b) I was married to the mother of the child
[ ] at the time of conception of the child
[ ] at the time the child was born.
I WANT TO COMPLETE THIS CONSENT FORM BECAUSE:

Check one of the following
[ ] I already have spoken with a lawyer whose name and telephone number are . I have read
the instructions in front of this form, and I am ready to consent to the guardianship with the right
to consent to adoption.
OR
[ ] I am at least 18 years old and am able to understand this document. I have read the
instructions at the front of this form, and I do not want to speak with a lawyer before I consent to
the guardianship with the right to consent to adoption.
C. Consent
Check one of the following statements:
[ ] I voluntarily and of my own free will consent to the ending (termination) of my parental rights
and to the appointment of Department of Social Services to be the guardian of my child,
with the right of the guardian to consent to adoption.
OR
[ ] I voluntarily and of my own free will consent to the ending (termination) of my parental
rights and to the appointment of Department of Social Services, to be the guardian of my
child as long as my child is adopted by .
D. Notice
Check one of the following:
[ ] I give up (waive) the right to any further notice of the guardianship case, any reviews after
guardianship is granted, or when my child is adopted.
OR
[ ] I give up (waive) the right to any further notice of the guardianship case or any reviews after
guardianship is granted, but I want to be notified when my child is adopted.
OR
[ ] I want to be notified about anything that happens in the guardianship case, any reviews after
guardianship is granted, and when my child is adopted.
E. Revocation Rights
I understand that if I change my mind and no longer consent to the

guardianship with the right to consent to adoption, I have the right to revoke
this consent within 30 days after it is filed in Juvenile Court. I understand
that the only way that I can revoke this consent is by giving a signed
written revocation to the Juvenile Clerk, Circuit Court for at .
F. Effect of this Consent
I UNDERSTAND THAT IF I SIGN THIS CONSENT FORM, AND GUARDIANSHIP IS

GRANTED, I WILL BE GIVING UP ALL RIGHTS AND RESPONSIBILITIES RELATING TO
THE CHILD, EXCEPT THOSE RIGHTS THAT I HAVE KEPT UNDER ANY WRITTEN POST-
ADOPTION AGREEMENT.
G. Oath and Signature
I have read carefully and understand the instructions at the front of this consent form. I am
signing this consent form voluntarily and of my own free will.
I solemnly affirm under the penalties of perjury that the contents of this consent form are true to
the best of my knowledge, information, and belief.
(Date) (Signature)
(Printed Name)
(Address)
(City, State, Zip Code)
(Telephone Number)
Witness:
(Signature) (Date)
(Printed Name)
(Address)
(Telephone Number)
A COPY OF THE INSTRUCTIONS WITH YOUR SIGNATURE MUST BE ATTACHED TO THIS

CONSENT FORM.
IF YOU HAVE A POST-ADOPTION AGREEMENT, ATTACH A COPY TO THIS CONSENT

FORM.
MARYLAND RULES
ADOPTIONS
Md. Rules Form 9-102.2 (2012)
Form 9-102.2. Consent of parent to a private agency guardianship
CONSENT OF PARENT TO GUARDIANSHIP WITH THE RIGHT TO CONSENT TO

ADOPTION OF TO , A LICENSED PRIVATE
ADOPTION AGENCY
INSTRUCTIONS
These instructions and attached consent form may be used only in cases where the child is being
placed for adoption with the assistance of a licensed private adoption agency. Code, Family Law
Article, Title 5, Subtitle 3A.
this document.
required to have a lawyer review the form with you before you can consent to the guardianship.
Even if you are not required to have a lawyer, you have the right to speak with a lawyer you
choose before you decide whether to consent.
You can ask the court to require the agency seeking guardianship of your child to pay the costs
of the lawyer. The judge does not have to grant that request but may do so.
C. Post-adoption Agreement
If you have a post-adoption agreement, and, after adoption, the adoptive parents do not do what
they agreed to do, it will not affect your consent to the guardianship or the adoption. However, if
that happens, you have the right to ask a judge to make them do what they agreed to do. The
judge can order you and the adoptive parents to go to mediation, order the adoptive parents to do
what they agreed to do, or change the agreement if the judge decides that it is in the child's best
interest.
D. Conditional Consent
If you decide to sign the consent form, you will have two choices:
(1) you can consent to the guardianship and the adoption of your child by a family approved by
the adoption agency; or
(2) you can consent to the guardianship only if the child is adopted into a specific family. This is
called a "conditional consent." If you sign a conditional consent, and the family whose name is
on the consent cannot adopt the child, your consent will no longer be valid. The adoption agency
will try to locate you to find out if you want to sign a new consent. If your parental rights have
not been taken away (guardianship has not yet been granted), and you do not sign a new consent,
the court will end the guardianship case. If your parental rights have been taken away
(guardianship has been granted), and you do not sign a new consent, the court will decide
whether it is in the child's best interests to continue the guardianship.
IF YOU SIGN THE CONSENT FORM, AND THE GUARDIANSHIP IS GRANTED, YOU WILL
BE GIVING UP ALL RIGHTS AND RESPONSIBILITIES RELATING TO THE CHILD.
If you have a post-adoption agreement, you will keep only the rights the agreement gives you.
Violation of the agreement will not affect your consent or the adoption.
the right to revoke (cancel) the consent within 30 days after the date that you sign the consent
form. The only way that you can revoke this consent is by giving a signed written revocation
Adoption Clerk, Circuit Court for , at (Address).
The revocation must be sent to the court, not to the lawyers, or the agency, or the people
adopting the child. You may deliver your written revocation of consent in person or by mail. If it
is not received by the Adoption Clerk's office within 30 days after the date you signed the
consent form, it will be too late, and you will not be able to withdraw the consent or stop the
guardianship from being granted.
If you sign the consent form, and then revoke your consent, and then decide to consent to the
guardianship again, you will not be able to revoke your second consent if you give your second
consent in court within one year of your revocation of this consent.
G. Further Notice of Guardianship and Adoption Proceedings
A petition for guardianship with the right to consent to adoption has been or will be filed in
Circuit Court. If you sign the consent form, your written consent form will also be filed
in the Circuit Court. You have the right to be notified when the petition is filed, about any
hearings, if and when the guardianship is granted, and when the child is adopted. You also have
the right to be notified if there is a delay in your child's adoption because:
1. The adoption agency does not place your child with an adoptive family within 270 days of
being appointed the guardian of your child;
2. The adoption agency does not place your child with an adoptive family within 180 days of the
disruption of a prior adoptive placement; or
3. The adoption is not completed within 2 years after your child's placement with the adoptive
family.
Any notices will be sent to the address given by you on the consent form, unless you write to the
Adoption Clerk at (court's address) and give the clerk your new address. You may
waive (give up) your right to notice if you wish to do so. Even if you give up your right to notice,
someone from the court may contact you if further information is needed.
H. Compensation
K. Rights Under the Indian Child Welfare Act
Child Welfare Act.

You may be asked to sign a separate form (authorization) to allow the adoptive parents and
adoption agency to get your child's medical and mental health records or your medical and
mental health records. If you agree to allow access to this information, the records given to the
adoptive parents will not include identifying information about you unless identifying
information was previously exchanged by agreement.
CONSENT FORM.
(Signature) (Date)
CONSENT TO GUARDIANSHIP WITH THE RIGHT TO CONSENT TO ADOPTION OF

TO , A LICENSED PRIVATE ADOPTION AGENCY
1. Language.
I understand English, or this consent form has been translated into , a language that I
understand.
2. Name.
My name is .
3. Age.
4. Child.
(date)
at ,
in .
(a) I am
[ ] I already have spoken with a lawyer whose name and telephone number are . I have read
the instructions at the front of this form, and I am ready to consent to the guardianship with the
right to consent to adoption.
OR
the guardianship with the right to consent to adoption.
C. Consent
[ ] I voluntarily and of my own free will consent to the ending (termination) of my parental rights
and to the appointment of , a licensed private adoption agency, to be the guardian of my
child, with the right of the guardian to consent to adoption.
OR
[ ] I voluntarily and of my own free will consent to the ending (termination) of my parental
rights and to the appointment of , a licensed private adoption agency, to be the guardian of
my child as long as my child is adopted by .
D. Notice
[ ] I give up (waive) the right to any further notice of the guardianship case, any delays in the
adoption of my child, or when my child is adopted.
OR
[ ] I give up (waive) the right to any further notice of the guardianship case or any delays in the
adoption of my child, but I want to be notified when my child is adopted.
OR
[ ] I want to be notified about anything that happens in the guardianship case, any delays in the
adoption of my child, and when my child is adopted.
I understand that if I change my mind and no longer consent to the

guardianship with the right to consent to adoption, I have the right to revoke
this consent within 30 days after I sign this consent form. I understand that
the only way that I can revoke this consent is by giving a signed written
revocation to the Adoption Clerk, Circuit Court for at .
F. Effect of this Consent
I UNDERSTAND THAT IF I SIGN THIS CONSENT FORM, AND GUARDIANSHIP IS

GRANTED, I WILL BE GIVING UP ALL RIGHTS AND RESPONSIBILITIES RELATING TO
THE CHILD, EXCEPT THOSE RIGHTS THAT I HAVE KEPT UNDER ANY WRITTEN POST-
ADOPTION AGREEMENT.
G. Oath and Signature
(Date) (Signature)
(Printed Name)
(Address)
(Telephone Number)
Witness:
(Signature) (Date)
(Printed Name)
(Address)
(Telephone Number)

CONSENT FORM.

FORM.
MARYLAND RULES
ADOPTIONS
Md. Rules Form 9-102.3 (2012)
Form 9-102.3. Consent of parent to a public agency adoption without prior termination of
parental rights
CONSENT OF PARENT TO ADOPTION OF
Adoption of CINA without Prior Termination of Parental Rights
INSTRUCTIONS
These instructions and attached consent form may be used only in cases where the child is a
Child in Need of Assistance and the petitioner is seeking to adopt the child without prior
termination of parental rights. Code, Family Law Article, Title 5, Subtitle 3, Part III.
this document.
You have the right to speak with a lawyer before you decide whether or not to consent. If you are
unable to afford a lawyer, you may be eligible for a lawyer through the Office of the Public
Defender. You should contact the Office of the Public Defender, and ask for a lawyer to
represent you in a D.S.S. (Department of Social Services) case.
required to have a lawyer review the form with you before you can consent to the adoption. You
should contact the Office of the Public Defender, or let the Juvenile Court know you need to
have a lawyer appointed for you.
Even if you do not have the right to have the court appoint a lawyer for you or to be represented
through the Office of the Public Defender, you have the right to speak with a lawyer you choose
before you decide whether to consent.
C. Right to Adoption Counseling
You have the right to receive adoption counseling and guidance. The court may require D.S.S. or
the adoptive parents to pay for the adoption counseling and guidance but does not have to do so.
If you want adoption counseling or guidance, you should not complete this consent form until
after you have gotten adoption counseling or guidance.
D. Post-adoption Agreement
what they agreed to do, it will not affect the adoption or your consent to the adoption. However,
if that happens, you have the right to ask a judge to make them do what they agreed to do. The
interest.
IF YOU SIGN THE CONSENT FORM, AND ADOPTION IS GRANTED, YOU WILL BE
GIVING UP ALL RIGHTS AND RESPONSIBILITIES RELATING TO THE CHILD. If you have
a post-adoption agreement, you will keep only the rights the agreement gives you. Violation of
the agreement will not affect your consent or the adoption.
the right to revoke (cancel) the consent. If the adoption case is already filed in court, you must
revoke your consent within 30 days after the date that you sign the consent form. If the adoption
case has not been filed in court, you must revoke your consent within 30 days after the adoption
petition is filed. The only way that you can revoke this consent is by giving a signed written
revocation statement with the name, sex, and date of birth of the child (if you know it) to:
Juvenile Clerk, Circuit Court for at (Address).
The revocation must be sent to the court, not to your social worker, lawyer, or the people
adopting the child. You may deliver your written revocation of consent in person or by mail. If it
is not received by the Juvenile Clerk's office within the later of 30 days after the date you sign
the consent form or 30 days after the date the adoption petition is filed, it will be too late, and
you will not be able to withdraw the consent or stop the adoption from being granted.
G. Further Notice of Adoption Proceedings
A petition for adoption has been or will be filed in the Circuit Court for . If you sign the
consent form, your written consent will also be filed in the court. You have the right to be
notified when the petition is filed, when any hearings are held before the adoption is granted, and
if and when the adoption is granted. Any notices will be sent to the address given by you on the
consent form, unless you write to the Juvenile Clerk at (court's address) and give the
clerk your new address. You may waive (give up) your right to notice if you wish to do so. Even
if you give up your right to notice, someone from the court may contact you if further
information is needed.
H. Compensation
J. Adoption Search, Contact and Reunion Services
K. Rights under the Indian Child Welfare Act
Child Welfare Act.
You may be asked to sign a separate form (authorization) to allow the adoptive parents to get
your child's medical and mental health records or your medical and mental health records. If you
agree to allow access to this information, the records given to the adoptive parents will not
include identifying information about you unless identifying information was previously
WANT TO SPEAK WITH A LAWYER OR GET ADOPTION COUNSELING BEFORE YOU
DECIDE IF YOU WANT TO SIGN THE CONSENT FORM.
(Signature) (Date)
Adoption of CINA without Prior Termination of Parental Rights
1. Language.
understand.
2. Name.
My name is .
3. Age.
4. Child.
(date)
at ,
in .
(a) I am

[ ] I already have spoken with a lawyer whose name and telephone number are
I have read the instructions at the front of this form, and I am ready to consent to the adoption.
OR
the adoption.
C. Right to Counseling and Guidance
[ ] I have already spoken with a counselor. I have read the instructions at the front of this form,
and I am ready to consent to the adoption.
OR
[ ] I do not want to speak with a counselor. I have read the instructions at the front of this form,
D. Consent
I voluntarily and of my own free will consent to the ending (termination) of

my rights as parent to and to the adoption of my child, , by a
person(s) known to me as .
E. Notice
[ ] I give up (waive) the right to any further notice of the adoption case.
OR
[ ] I want to be notified when the adoption case is filed, of any hearings, and if and when my
child is adopted.
I understand that if I change my mind and no longer consent to the adoption, I

have the right to revoke this consent within the later of 30 days after I
sign this form or 30 days after the adoption case is filed in court. I
understand that the only way that I can revoke this consent is by giving a
signed written revocation statement to the Juvenile Clerk, Circuit Court for
at .
G. Effect of this Consent
I UNDERSTAND THAT IF I SIGN THIS CONSENT FORM, AND ADOPTION IS GRANTED, I

WILL BE GIVING UP ALL RIGHTS AND RESPONSIBILITIES RELATING TO THE CHILD,
EXCEPT THOSE RIGHTS THAT I HAVE KEPT UNDER ANY WRITTEN POST-ADOPTION
AGREEMENT.
H. Oath and Signature
I have read carefully and understand the instructions in front of this consent form. I am signing
this consent form voluntarily and of my own free will.
(Date) (Signature)
(Printed Name)
(Address)
(Telephone Number)
Witness:
(Signature) (Date)
(Printed Name)
(Address)
(Telephone Number)

CONSENT FORM.

FORM.
MARYLAND RULES
ADOPTIONS
Md. Rules Form 9-102.4 (2012)
Form 9-102.4. Consent of parent to an independent adoption with termination of parental rights
Independent Adoption with Termination of Parental Rights
INSTRUCTIONS
These instructions and attached consent form may be used only in independent adoptions, not
those that are arranged by an adoption agency. This form should only be used for a parent
whose parental rights are being terminated. It should not be used for a parent who is retaining
parental rights, for example, a custodial parent in a step-parent adoption. Code, Family Law
this document.
required to have a lawyer review the form with you before you can consent to the adoption.
You can ask the court to require the people adopting your child to pay the costs of the lawyer.
The judge does not have to grant that request but may do so.
You have the right to receive adoption counseling and guidance. The court may require the
adoptive parents to pay for the adoption counseling and guidance but does not have to do so. If
you want adoption counseling or guidance, you should not complete this consent form until after
you have gotten adoption counseling or guidance.
D. Post-adoption Agreement
what they agreed to do, it will not affect the adoption or your consent to the adoption. However,
if that happens, you have the right to ask a judge to make them do what they agreed to do. The
interest.
IF YOU SIGN THE CONSENT FORM, AND ADOPTION IS GRANTED, YOU WILL BE
GIVING UP ALL RIGHTS AND RESPONSIBILITIES RELATING TO THE CHILD. If you have
a post-adoption agreement, you will keep only the rights the agreement gives you. Violation of
the agreement will not affect your consent or the adoption.
The revocation must be sent to the court, not to the lawyers or the people adopting the child. You
may deliver your written revocation of consent in person or by mail. If it is not received by the
Adoption Clerk's office within 30 days after the date you signed the consent form, it will be too
late, and you will not be able to withdraw the consent or stop the adoption from being granted.
If you sign this consent form, and then revoke your consent, and then decide to consent to the
adoption again, you will not be able to revoke your second consent if you give your second
consent form, unless you write to the Adoption Clerk at (court's address) and give the
H. Compensation
Child Welfare Act.

You may be asked to sign a separate form (authorization) to allow the adoptive parents to get
your child's medical and mental health records or your medical and mental health records. If you
agree to allow access to this information, the records given to the adoptive parents will not
include identifying information about you unless identifying information was previously
(Signature) (Date)
CONSENT TO INDEPENDENT ADOPTION OF
WITH TERMINATION OF PARENTAL RIGHTS
1. Language.
understand.
2. Name.
My name is .
3. Age.
4. Child.
(date)
at ,
in .
(a) I am
.
I have read the instructions at the front of this form, and I am ready to consent to the adoption.
OR
the adoption.
OR
D. Consent
I voluntarily and of my own free will consent to the ending (termination) of my rights as parent
to and to the adoption of my child, , by person(s) known to me as .I
also agree that such person(s) shall have temporary custody of the child until the completion of
the adoption.
E. Notice
OR
[ ] I want to be notified when the adoption case is filed, of any hearings and if and when my child
is adopted.
F. Revocation Rights
I understand that if I change my mind and no longer consent to the adoption, I

have the right to revoke this consent within 30 days after the date that I
signed this consent form. I understand that the only way that I can revoke
this consent is by giving a signed written revocation to the Adoption Clerk,
Circuit Court for at .
I UNDERSTAND THAT IF I SIGN THIS CONSENT FORM, AND ADOPTION IS GRANTED, I

WILL BE GIVING UP ALL RIGHTS AND RESPONSIBILITIES RELATING TO THE CHILD,
EXCEPT THOSE RIGHTS THAT I HAVE KEPT UNDER ANY WRITTEN POST-ADOPTION
AGREEMENT.
I have read carefully and understand the instructions in front of this consent form. I am signing
this consent form voluntarily and of my own free will.
(Date) (Signature)
(Printed Name)
(Address)
(Telephone Number)
Witness:
(Signature) (Date)
(Printed Name)
(Address)
(Telephone Number)

CONSENT FORM.

FORM.

MARYLAND RULES
ADOPTIONS
Md. Rules Form 9-102.5 (2012)
Form 9-102.5. Consent of parent to an independent adoption without termination of parental

rights
Independent Adoption without Termination of Parental Rights
INSTRUCTIONS
These instructions and attached consent form may be used only in independent adoptions, not
those that are arranged by an adoption agency. This form should only be used for a parent
whose parental rights are not being terminated. It should be used for a parent who is retaining
parental rights, for example, a custodial parent in a step-parent adoption. Code, Family Law
this document.
required to have a lawyer review the form with you before you can consent to the adoption.
You have the right to receive adoption counseling and guidance. If you want adoption counseling
or guidance, you should not complete this consent form until after you have gotten adoption
counseling or guidance.
D. Effect of Signing the Consent Form
IF YOU SIGN THE CONSENT FORM, YOU WILL NOT BE GIVING UP ANY RIGHTS OR
RESPONSIBILITIES RELATING TO THE CHILD.
E. Right to Revoke Consent

The revocation must be sent to the court, not to the lawyers or the people adopting the child. You
may deliver your written revocation of consent in person or by mail. If it is not received by the
Adoption Clerk's office within 30 days after the date you signed the consent form, it will be too
late, and you will not be able to withdraw the consent or stop the adoption from being granted.
If you sign this consent form, and then revoke your consent, and then decide to consent to the
adoption again, you will not be able to revoke your second consent if you give your second
consent form, unless you write to the Adoption Clerk at (court's address) and give the
H. Compensation
Child Welfare Act.
L. Signature, Witness, and Copy
(Signature) (Date)
CONSENT TO INDEPENDENT ADOPTION

WITHOUT TERMINATION OF PARENTAL RIGHTS
1. Language.
understand.
2. Name.
My name is .
3. Age.
4. Child.
(date)
at ,
in .
(a) I am
. I have read the instructions at the front of this form, and I am ready to consent
to the adoption.
OR
the adoption.
OR
D. Consent
I voluntarily and of my own free will consent to the adoption of my child,

, by .
E. Notice
OR
[ ] I want to be notified when the adoption case is filed, of any hearings, and if and when my
child is adopted.
F. Revocation Rights
I understand that if I change my mind and no longer consent to the adoption, I have the right to
revoke this consent within 30 days after the date that I signed this consent form. I understand that
the only way that I can revoke this consent is by giving a signed written revocation statement to
the Adoption Clerk, Circuit Court for at .
I UNDERSTAND THAT IF I SIGN THIS CONSENT FORM, I WILL NOT BE GIVING UP ANY
RIGHTS AND RESPONSIBILITIES RELATING TO THE CHILD.
(Date) (Signature)
(Printed Name)
(Address)
(Telephone Number)
Witness:
(Signature) (Date)
(Printed Name)
(Address)
(Telephone Number)
A COPY OF THE INSTRUCTIONS WITH YOUR SIGNATURE MUST BE ATTACHED TO THE

CONSENT FORM.
MARYLAND RULES
ADOPTIONS
Md. Rules Form 9-102.6 (2012)
Form 9-102.6. Consent of child to a public agency adoption or private agency adoption
CONSENT OF TO ADOPTION
(Name of Child)
INSTRUCTIONS
This consent form may be completed only after being reviewed with an attorney and should be
completed only by a child who is in the custody of or under the guardianship of the Department
of Social Services or under the guardianship of a private child placement agency. Code, Family
Law Article, Title 5, Subtitle 3 or 3A.
1. I understand English, or this consent form has been translated into , a language that I
understand.
2. My name is .
3 My date of birth is . I am years old.
4. I understand that have asked to adopt me.
5. I have a lawyer whose name and telephone number are . I have met with my
lawyer who has gone over this consent form with me and explained to me what it means to be
adopted.
6. I understand that if I agree to be adopted, and I am adopted, will become my
parents, and I will become their child.
7. I understand that I do not have to agree to be adopted. If I do not agree, the judge cannot
approve the adoption. If the adoption is not approved, and I am not adopted by someone else, a
judge will decide where I will live.
8. I voluntarily and of my own free will agree to being adopted by . I understand

that if they are not able to complete the adoption, this consent form will no longer be valid and
can no longer be used.
9. I understand that if I change my mind and do not want to be adopted, I must tell my lawyer,
my social worker, or the judge immediately. I will have to sign a written statement or tell the
judge in court that I do not want to be adopted before the adoption order is signed by a judge.
This is called a revocation of consent.
10. I understand that when I am at least 21 years old, my birth parents or I may apply to the
Secretary of the Maryland Department of Health and Mental Hygiene to get certain birth and
adoption records. If I do not want information about me to be given to my birth parents, I have
the right to file a form called a "disclosure veto." I have been given a form that I may use if I
want to file a disclosure veto.
11. I understand that when I am at least 21 years old, my birth parents, my siblings, or I may
apply to the Director of the Social Services Administration of the Maryland Department of
12. I have read this consent form or have had it read and explained to me in a language that I
understand. I understand the meaning of this consent form.
13. I have not been promised anything in return for agreeing to be adopted.
14. I have signed this consent form of my own free will.
15. I understand that I will be given a copy of this signed consent form.
I solemnly affirm under the penalties of perjury that the contents of this consent to adoption form
are true to the best of my knowledge, information, and belief.
(Date) (Signature)
(Printed Name)
(Address)
(Telephone Number)
Witness:
(Date) (Signature)
(Printed Name)
(Address)
(Telephone Number)
MARYLAND RULES
ADOPTIONS
Md. Rules Form 9-102.7 (2012)
Form 9-102.7. Consent of child to independent adoption
CONSENT OF TO INDEPENDENT ADOPTION

(Name of child)
INSTRUCTIONS
This consent form should be completed only by a child who is being adopted in an independent
adoption that is not being arranged by an adoption or child placement agency. Code, Family
Law Article, Title 5, Subtitle 3B.
instructions BEFORE you sign the form and agree to being adopted. If you do not understand
the instructions or the consent form, you should not sign it. If you have a disability that makes it
hard for you to understand this form, do not complete this consent form unless you have a
lawyer.
If you have a disability that makes it hard for you to understand this consent form, do not
complete this form because you must have a lawyer before you may complete this form and
agree to be adopted.
Even if you do not have a problem understanding this consent form, you have the right to speak
with a lawyer before you agree to be adopted. If you want to speak with a lawyer, do not
complete this form until you have spoken with a lawyer.
C. What Happens if You Sign the Consent Form
If you sign the consent form, the people who want to adopt you will file an adoption case in the
Circuit Court for . There probably will be a court hearing about your adoption. During that
hearing, the judge probably will ask you if you want to be adopted. The judge will make the final
decision about your adoption.
D. Right to Revoke Consent
If you sign this consent form and then change your mind and decide that you do not want to be
adopted, you may take back or "revoke" your consent. However, you must revoke your consent
before the judge signs the adoption order, and you must revoke it either in writing or in court in
front of the judge. If you decide you do not want to be adopted, you should write the judge at
Circuit Court at (address) immediately, or tell the judge before or at
the beginning of your adoption hearing.
CONSENT FORM.
(Signature) (Date)
CONSENT OF TO INDEPENDENT ADOPTION
(Name of Child)
Use a pen to fill out this form. If you decide to sign the consent form, you must have a witness
present when you sign it. The witness must be someone 18 or older and should not be your
parent or the person who is adopting you. You must fill in all the blanks, sign the form, and print
your name, address, and telephone number, and the witness must sign and print the witness'
1. I understand English, or this consent form has been translated into , a language that I
understand.
2. My name is .
3. My date of birth is . I am years old.
4. I understand that have ask to adopt me.
5. Check one:
[ ] I have a lawyer whose name and telephone number are . I have met with my lawyer
who has gone over this consent form with me and explained to me what it means to be adopted. I
want to agree to be adopted.
OR
[ ] I do not have a lawyer. I have read the instructions in the front of this form, and I understand
this consent form. I do not want to speak with a lawyer before I complete this form and agree to
be adopted.
6. I understand that if I agree to be adopted, and I am adopted, will become my

parents, and I will become their child.
7. I understand that if I agree to be adopted, and I am adopted, will no longer be my
parents.
8. I understand that I do not have to agree to be adopted. If I do not agree, the court cannot
approve the adoption.
9. I voluntarily and of my own free will agree to being adopted by . I understand

that if they are not able to complete the adoption, this consent form will no longer be valid and
can no longer be used.
10. I understand that if I change my mind and do not want to be adopted, I must tell the judge
immediately. I will have to sign a written statement or tell the judge in court that I do not want to
be adopted before the adoption order is signed.
11. I understand that when I am at least 21 years old, my birth parents or I may apply to the
Secretary of the Maryland Department of Health and Mental Hygiene to get certain birth and
adoption records. If I do not want information about me to be given to my birth parents, I have
the right to file a form called a "disclosure veto." I have been given a form that I may use if I
want to file a disclosure veto.
12. I understand that when I am at least 21 years old, my birth parents, my siblings, or I may
apply to the Director of the Social Services Administration of the Maryland Department of
13. I have read this consent form or have had it read and explained to me in a language that I
understand. I understand the meaning of this consent form.
14. I have not been promised anything in return for agreeing to be adopted.
15. I have signed this consent form of my own free will.
16. I understand that I will be given a copy of this signed consent form.
I solemnly affirm under the penalties of perjury that the contents of this consent to adoption form
are true to the best of my knowledge, information, and belief.
(Date) (Signature)
(Printed Name)
(Address)
(Telephone Number)
Witness:
(Date) (Signature)
(Printed Name)
(Address)
(Telephone Number)

CONSENT FORM.
MARYLAND RULES
ADOPTIONS
Md. Rules Form 9-102.8 (2012)
Form 9-102.8. Attorney affidavit as to consent of a parent to a public agency guardianship or

private agency guardianship
Affidavit by Attorney as to Consent of (parent) to Guardianship with the Right to
Consent to Adoption ("Guardianship") by (agency) of (child)
1. I am the attorney representing , a parent of , the child who is the subject of the
consent.
2. The parent, at the time of the signing of the consent, was years old. The parent's date of
birth is .
3. (Check one of the following)
[ ] The parent is not disabled or is disabled but the disability does not affect the parent's ability to
understand the meaning of the consent to guardianship.
OR
[ ] The parent is a minor or has a disability that could affect the parent's
ability to understand the meaning of the consent to guardianship. The
disability is
Despite the parent's age or disability, I believe that the parent understood
the meaning of consenting to guardianship. The following additional steps were
taken to ensure that the parent understood the meaning of the consent form
prior to signing it:
4. The parent understands English, or the consent form that the parent signed was translated into
, a language that the parent understands.
5. I have explained to the parent that (agency) has filed or plans to file a case to ask the
court to grant it guardianship of the child with the right to consent to adoption by:
[ ] a family approved by the agency.
OR
[] (name by which parent knows adoptive parent).
6. I reviewed the consent form thoroughly with the parent, and I believe that the parent desires
to consent to the guardianship and has signed the consent form knowingly and voluntarily and
not due to duress or coercion.
I solemnly affirm under the penalties of perjury that the contents of this affidavit are true to the
best of my knowledge, information, and belief.
(Date) (Signature)
(Printed Name)
(Address)
(Telephone Number)
MARYLAND RULES
ADOPTIONS
Md. Rules Form 9-102.9 (2012)
Form 9-102.9. Attorney affidavit as to consent of a parent to adoption
Affidavit by Attorney as to Consent of (parent) to Adoption of
1. I am the attorney representing , a parent of , the child who is the subject of the
consent.
2. The parent, at the time of the signing of the consent, was years old. The parent's date of
birth is .

[ ] The parent is not disabled or is disabled but the disability does not affect the parent's ability to
understand the meaning of the consent to adoption.
OR
[ ] The parent is a minor or has a disability that could affect the parent's
ability to understand the meaning of the consent to adoption. The disability is
Despite the parent's age or disability, I believe that the parent understood
the meaning of consenting to adoption. The following additional steps were
taken to ensure that the parent understood the meaning of the consent form
prior to signing it:
4. The parent understands English, or the consent form that the parent signed was translated into
, a language that the parent understands.
5. I have explained to the parent that (name by which parent knows adoptive parent) has
filed or plans to file a case to ask the court to permit that person to adopt the parent's child.
6. I reviewed the consent form thoroughly with the parent, and I believe that the parent desires
to consent to the adoption and has signed the consent form knowingly and voluntarily and not
due to duress or coercion.
(Date) (Signature)
(Printed Name)
(Address)

(Telephone Number)
MARYLAND RULES
ADOPTIONS
Md. Rules Form 9-102.10 (2012)
Form 9-102.10. Attorney affidavit as to consent of a child to adoption
Affidavit by Attorney as to Consent of (Child) to Adoption
1. I am the attorney representing , the individual who is the subject of this adoption
proceeding ("the child").
2. The child, at the time of the signing of the consent form, was years old. The child's date of
birth is . To the best of my knowledge, the child is not an Indian child subject to the
provisions of the Indian Child Welfare Act.
[ ] The child is not disabled or is disabled but the disability would not affect the child's ability to
understand the meaning of the consent to adoption.
OR
[ ] The child has a disability that could affect the child's ability to
understand the meaning of consenting to adoption. The disability is .
Despite the child's disability, I believe that the child understands the
meaning of the consenting adoption. The following additional steps were taken
to ensure that the child understood the meaning of the consent form prior to
signing it:
4. The child understands English, or the consent form that the child signed has been translated
into , a language that the child understands.
5. I have explained to the child that have asked the court to be permitted to adopt the
child, that the child has the right to decide whether or not the child wants to be adopted, and the
possible options if the adoption is not approved.
6. I reviewed the consent form thoroughly with the child, and I believe that the child agrees to
the adoption and has signed the consent form knowingly and voluntarily and not due to duress or
coercion.
(Date) (Signature)
(Printed Name)
(Address)
(Telephone Number)
MARYLAND RULES
TITLE 10. GUARDIANS AND OTHER FIDUCIARIES
Md. Rule 10-101 (2012)
Rule 10-101. Applicability of title; jurisdiction
(a) Applicability. Except as otherwise provided by law, the rules in this Title apply to
proceedings concerning: (1) the guardianship of minors and disabled persons or their property;
(2) a fiduciary estate; and (3) the distribution of property to an absent or unknown person.
(b) Scope of jurisdiction. In proceedings under this Title, the court may exercise its jurisdiction
generally or for a limited purpose. An investment in a common trust fund by a fiduciary
administering an estate subject to the jurisdiction of a court does not bring the administration of
the common trust fund under the jurisdiction of the court.
MARYLAND RULES
Md. Rule 10-102 (2012)
Rule 10-102. Applicability of Titles 1 and 2
(a) Applicability of Title 1. Except as otherwise provided in this Title, the rules in Title 1 apply
to this Title.
(b) Applicability of Title 2. Any interested person may obtain discovery in a contested matter
pursuant to Title 2, Chapter 400 of these Rules, unless otherwise ordered by the court. Except as
otherwise provided in this Title, a court may apply any of the rules in Title 2 as appropriate.
MARYLAND RULES
Md. Rule 10-103 (2012)
In this Title the following definitions apply except as expressly otherwise provided or as
(a) Court. "Court" means the circuit court for any county and, where it has jurisdiction, the
Orphans' Court.
Cross references. -- See Code, Estates and Trusts Article, 13-105 for the jurisdiction of the
Orphans' Court over guardians of the person of a minor and protective proceedings for minors.
See also 92 Op. Atty. Gen. 009 (March 20, 1992).
(b) Disabled person.
(1) In connection with a guardianship of the person, "disabled person" means a person, other
than a minor, who, because of mental disability, disease, habitual drunkenness, or addiction to
drugs, has been adjudged by a court to lack sufficient understanding or capacity to make or
communicate responsible decisions concerning himself or herself, such as provisions for health
care, food, clothing, or shelter, and who, as a result of this inability, requires a guardian of the
person.
(2) In connection with a guardianship of property, "disabled person" means a person, other than
a minor, (A) who has been adjudged by a court to be unable to manage his or her property and
affairs effectively because of physical or mental disability, disease, habitual drunkenness,
addiction to drugs, imprisonment, compulsory hospitalization, confinement, detention by a
foreign power, or disappearance, (B) who has or may be entitled to property or benefits that
require proper management, and (C) who, as a result of this inability, requires a guardian of the
property.
Cross references. -- Code, Estates and Trusts Article, 13-101, 13-705 (b) and 13-201 (c).
(c) Fiduciary. "Fiduciary" means (1) a guardian of the property of a minor or disabled person, (2)
a guardian of the person of a minor or disabled person to the extent that the guardian exercises
control over any property of the minor or disabled person, (3) a trustee acting under any inter
vivos or testamentary trust over which the court has been asked to assume or has assumed
jurisdiction, (4) a person administering an estate under appointment by a court as a "committee,"
"conservator," or the like, and (5) a personal representative of a decedent to the extent provided
in Rules 10-703 and 10-711.
(d) Fiduciary estate. "Fiduciary estate" means real or personal property administered by a
fiduciary.
(e) Heir. "Heir" means a person who would be entitled under the law of this State to inherit
property if, at the applicable time, the owner of the property had died intestate.
(f) Interested person.
(1) In connection with a guardianship of the person or the authorization of emergency protective
services, "interested person" means the minor or the disabled person; the guardian and heirs of
that person; a governmental agency paying benefits to that person or a person or agency eligible
to serve as guardian of the person under Code, Estates and Trusts Article, 13-707; the
Department of Veterans Affairs as directed by Code, Estates and Trusts Article, 13-801; and
any other person designated by the court.
(2) In connection with a guardianship of the property or other fiduciary proceedings, "interested
person" means a person who would be an interested person under subsection (f) (1) of this Rule
and a current income beneficiary of the fiduciary estate; a fiduciary and co-fiduciary of the
fiduciary estate; and the creator of the fiduciary estate.
(3) If an interested person is a minor or disabled person, "interested person" includes a fiduciary
appointed for that person, or, if none, the parent or other person who has assumed responsibility
for the interested person.
Cross references. -- Code, Estates and Trusts Article, 13-101 (j) and 13-801.
(g) Minor. "Minor" means a person who is under the age of eighteen.
(h) Public guardian. "Public guardian" means a guardian who is the director of a local
department of social services, the State Department of Aging, or an area agency on aging.
(i) Temporary guardian. "Temporary guardian" means (1) a person appointed under Rule 10-210
in a proceeding for emergency protective services, (2) a person who has been authorized to
preserve and apply the property of a minor or alleged disabled person pending a hearing on a
petition for guardianship, and (3) a guardian of the person or property appointed by the court
pending the appointment of a substituted or successor guardian.
HISTORY: (Amended Oct. 5, 1999.)
MARYLAND RULES
Md. Rule 10-104 (2012)
Rule 10-104. Show cause orders
Except as provided in Rules 10-209 (b), 10-213, and 10-705, upon the filing of a petition, the
court shall issue a show cause order directing a person to show cause in writing on or before a
specified date why the court should not take the action described in the order. Unless the court
orders otherwise, the specified date shall be 20 days after the date prescribed for service in the
order. The order shall also specify who is to be served and the method of service and, if a hearing
is scheduled when the order is issued, the date, time, and place of the hearing. A copy of any
related petition or document shall be served with a copy of the order. If required, the Advice of
Rights form and the Notice to Interested Persons form shall also be served with the copy of the
order.

MARYLAND RULES
Md. Rule 10-105 (2012)
Rule 10-105. Waiver of notice
(a) Method of waiver. An interested person other than a minor or disabled person may waive
the right to any or all notices other than original notice by filing a signed waiver. A minor or
disabled person may waive the right to any or all notices other than original notice by a waiver
signed and filed by his or her attorney, which shall not be effective until approved by the court.
(b) Revocation. A waiver of notice may be revoked at any time by the filing of a revocation,
which shall be effective from the date filed.
MARYLAND RULES
Md. Rule 10-106 (2012)
Rule 10-106. Appointment of attorney or investigator
(a) Appointment of attorney by the court. Upon the filing of a petition for guardianship of the
person or property of a disabled person or minor who is not represented by an attorney, the court
shall promptly appoint an attorney for the disabled person and may appoint an attorney for the
minor. The fee of an appointed attorney shall be fixed by the court and shall be paid out of the
fiduciary estate or as the court shall direct. To the extent the estate is insufficient, the fee of an
attorney appointed for a disabled person shall be paid by the State.
Cross references. -- Code, Estates and Trusts Article, 13-211 (b) and 13-705 (d). See also
Rule 1.14 of the Maryland Lawyers' Rules of Professional Conduct with respect to the attorney's
role and obligations.
(b) Automatic termination of appointment; continuation of representation if public guardian

appointed. If no appeal is taken from a judgment dismissing the petition or appointing a guardian
other than a public guardian, the attorney's appointment shall terminate automatically upon
expiration of the time for filing an appeal unless the court orders otherwise. If a public guardian
has been appointed for the disabled person, the court shall either continue the attorney's
appointment or appoint another attorney to represent the disabled person before the Adult Public
Guardianship Review Board.
Cross references. -- Code, Family Law Article, 14-404 (c) (2).
(c) Investigator. The court may appoint an independent investigator to investigate the facts of the
case and report written findings to the court. The fee of an appointed investigator shall be fixed
by the court and shall be paid out of the fiduciary estate or as the court shall direct. To the extent
the estate is insufficient, the fee of an independent investigator appointed by the court shall be
paid by the State.
MARYLAND RULES
Md. Rule 10-107 (2012)
Rule 10-107. Assessment and waiver of fees and costs -- Guardianships
(a) Assessment. Upon a determination on the merits of a petition to appoint a guardian, the
court may assess the filing fee and other court costs against the assets of the fiduciary estate or
against the petitioner.
(b) Waiver. The court shall waive final costs and fees if the court finds that the person against
whom the costs are assessed is unable to pay them by reason of poverty. The person may seek
the waiver at the conclusion of the case in accordance with Rule 1-325 (a). If the person was
granted a waiver pursuant to that Rule and remains unable to pay the costs, the affidavit required
by Rule 1-325 (a) need only recite the existence of the prior waiver and the person's continued
inability to pay.
MARYLAND RULES
Md. Rule 10-108 (2012)
Rule 10-108. Orders
(a) Order appointing guardian. An order appointing a guardian shall state:
(1) Whether the guardianship is of the property or person or both;
(2) The name of the minor or disabled person;
(3) The name, address, and telephone number of the guardian;
(4) The reason for the guardianship;
(5) The amount of the guardian's bond, or that the bond is waived;
(6) The date upon which any annual report of the guardian shall be filed; and
(7) The specific powers and duties of the guardian and any limitations on those powers or duties.
The order shall recite the powers and duties of the guardian either expressly or by referring to the
specific paragraphs of an applicable statute containing those powers and duties.
Cross references. -- Code, Estates and Trusts Article, 13-201 (b) and (c), 13-213, 13-214, 15-
102, 13-705 (b), and 13-708.
(b) Letters of guardianship. A court may issue letters of guardianship of the property which shall
contain a list of any restrictions on the powers of the guardian.
Cross references. -- Code, Estates and Trusts Article, 13-215 and 13-217.
(c) Orders assuming jurisdiction over a fiduciary estate other than a guardianship. An order
assuming jurisdiction over a fiduciary estate other than a guardianship shall state whether the
court has assumed full jurisdiction over the estate. If it has not assumed full jurisdiction over the
estate or if jurisdiction is contrary to the provisions in the instrument, the order shall state the
extent of the jurisdiction assumed. The order shall state the amount of the fiduciary's bond or that
the bond is waived.
(d) Modifications. The court may modify any order of a continuing nature in a guardianship or
fiduciary estate upon the petition of an interested person or on its own initiative, and after notice
and opportunity for hearing.
MARYLAND RULES
Md. Rule 10-109 (2012)
(a) Proceedings initiated in the Orphans' Court. Upon the petition of an interested person, the
Orphans' Court may transfer a guardianship or protective proceeding for a minor to the circuit
court.
Cross references. -- Code, Estates and Trusts Article, 13-105 (a); 92 Op. Atty. Gen. 009
(March 20, 1992).
(b) Other proceedings. During the course of an action, the court, on its own initiative or on the
petition of an interested person, may transfer the action to any other circuit court if the transfer
(1) is in the best interest of the minor or alleged disabled person; or (2) serves the convenience of
the guardian, fiduciary, and other interested persons and witnesses, is not inconsistent with the
best interest of the minor or alleged disabled person, and serves the interest of justice.
MARYLAND RULES
Md. Rule 10-110 (2012)
Rule 10-110. Combination of guardianship petitions
A petition for the appointment of a guardian of the person of a minor or alleged disabled
person may also include a request for the appointment of a guardian of the person's property, and
vice versa.
MARYLAND RULES
CHAPTER 200. GUARDIAN OF PERSON
Md. Rule 10-201 (2012)

Rule 10-201. Petition for appointment of a guardian of person
(a) Who may file. An interested person may file a petition requesting a court to appoint a
guardian of a minor or alleged disabled person.
(b) Venue.
(1) Resident. If the minor or alleged disabled person is a resident of Maryland, the petition shall
be filed in the county where (A) the minor or alleged disabled person resides or (B) the person
has been admitted for the purpose of medical care or treatment to either a general or a special
hospital which is not a State facility as defined in Code, Health-General Article, 10-406 or a
licensed private facility as defined in Code, Health-General Article, 10-501 to 10-511.
(2) Nonresident. If the minor or alleged disabled person does not reside in this State, a petition
for guardianship of the person may be filed in any county in which the person is physically
present.
(c) Contents. The petition shall be captioned, "In the Matter of ..." [stating the name of the minor
or alleged disabled person]. It shall be signed and verified by the petitioner, may contain a
request for the guardianship of property, and shall contain at least the following information:
(1) The petitioner's name, address, age, and telephone number.
(2) The petitioner's familial or other relationship to the minor or alleged disabled person.
(3) Whether the person who is the subject of the petition is a minor or alleged disabled person,
and, if an alleged disabled person, a brief description of the alleged disability and how it affects
the alleged disabled person's ability to function.
(4) The reasons why the court should appoint a guardian of the person and, if the subject of the
petition is a disabled person, allegations demonstrating an inability of that person to make or
communicate responsible decisions concerning the person, including provisions for health care,
food, clothing, or shelter, because of mental disability, disease, habitual drunkenness or addiction
to drugs, and a description of less restrictive alternatives that have been attempted and have
failed.
Cross references. -- Code, Estates and Trusts Article, 13-705 (b).
(5) An identification of any instrument nominating a guardian or constituting a durable power of

attorney, with a copy attached to the petition, if possible, and, if not, an explanation of its
absence.

(6) If a guardian or conservator has been appointed for the alleged disabled person in another
proceeding, the name and address of the guardian or conservator and the court that appointed the
guardian or conservator. If a guardianship or conservatorship proceeding was previously filed in
any other court, the name and address of the court, the case number, if known, and whether the
proceeding is still pending in that court.
(7) A list of (A) the name, age, sex, and address of the minor or alleged disabled person, (B) the
name and address of the persons with whom the minor or disabled person resides, and (C) if the
minor or alleged disabled person resides with the petitioner, the name and address of another
person on whom service can be made.
(8) The name, address, telephone number, and nature of interest of all other interested persons
and all other persons exercising control of the minor or alleged disabled person, to the extent
known or reasonably ascertainable.
(9) If the minor or alleged disabled person is represented by an attorney, the name and address
of the attorney.
(10) A statement that the certificates required by Rule 10-202 are attached, or, if not, an
explanation of their absence.
(11) If the petition also seeks a guardianship of the property, the additional information required
by Rule 10-301.
(12) A statem
MARYLAND RULES
Md. Rule 10-202 (2012)
Rule 10-202. Certificates
(a) Generally required. Except as provided in section (d), if guardianship of the person of a
disabled person is sought, the petitioner shall file with the petition signed and verified certificates
of (1) two physicians licensed to practice medicine in the United States who have examined the
disabled person, or (2) one licensed physician or who has examined the disabled person and one
licensed psychologist or certified clinical social worker who has seen and evaluated the disabled
person. An examination or evaluation by at least one of the health care professionals under this
subsection shall occur within 21 days before the filing of the petition.
(b) Contents. Each certificate shall state: (1) the name, address, and qualifications of the person
who performed the examination or evaluation, (2) a brief history of the person's involvement
with the disabled person, (3) the date of the last examination or evaluation of the disabled person,
and (4) the person's opinion as to: (A) the cause, nature, extent, and probable duration of the
disability, (B) whether institutional care is required, and (C) whether the disabled person has
sufficient mental capacity to understand the nature of and consent to the appointment of a
guardian.
(c) Delayed filing of certificates.
(1) After refusal to permit examination. If the petition is not accompanied by the required
certificate and the petition alleges that the disabled person is residing with or under the control of
a person who has refused to permit examination by a physician or evaluation by a psychologist
or certified clinical social worker, and that the disabled person may be at risk unless a guardian is
appointed, the court shall defer issuance of a show cause order. The court shall instead issue an
order requiring that the person who has refused to permit the disabled person to be examined or
evaluated appear personally on a date specified in the order and show cause why the disabled
person should not be examined or evaluated. The order shall be personally served on that person
and on the disabled person.
(2) Appointment of health care professionals by court. If the court finds after a hearing that
examinations are necessary, it shall appoint two physicians or one physician and one
psychologist or certified clinical social worker to conduct the examinations or the examination
and evaluation and file their reports with the court. If both health care professionals find the
person to be disabled, the court shall issue a show cause order requiring the alleged disabled
person to answer the petition for guardianship and shall require the petitioner to give notice
pursuant to Rule 10-203. Otherwise, the petition shall be dismissed.
(d) Beneficiary of the Department of Veterans Affairs. If guardianship of the person of a disabled
person who is a beneficiary of the United States Department of Veterans Affairs is being sought,
the petitioner shall file with the petition, in lieu of the two certificates required by section (a) of
this Rule, a certificate of the Secretary of that Department or an authorized representative of the
Secretary stating that the person has been rated as disabled by the Department in accordance with
the laws and regulations governing the Department of Veterans Affairs. The certificate shall be
prima facie evidence of the necessity for the appointment.
HISTORY: (Amended Feb. 10, 1998, effective July 1, 1998; Oct. 5, 1999; Nov. 12, 2003,
ent of the relief sought.
MARYLAND RULES
Md. Rule 10-203 (2012)
Rule 10-203. Service; notice
(a) Service on minor or alleged disabled person. The petitioner shall serve a show cause order
issued pursuant to Rule 10-104 on the minor or alleged disabled person and on the parent,
guardian, or other person having care or custody of the minor or alleged disabled person. Service
shall be in accordance with Rule 2-121 (a). If the minor or alleged disabled person resides with
the petitioner, service shall be made upon the minor or disabled person and on such other person
as the court may direct. Service upon a minor under the age of ten years may be waived provided
that the other service requirements of this section are met. The show cause order served on a
disabled person shall be accompanied by an "Advice of Rights" in the form set forth in Rule 10-
204.
(b) Notice to other persons.
(1) To attorney. Unless the court orders otherwise, the petitioner shall mail a copy of the petition
and show cause order by ordinary mail to the attorney for the minor or alleged disabled person.
(2) To interested persons. Unless the court orders otherwise, the petitioner shall mail by ordinary
mail and by certified mail to all other interested persons a copy of the petition and show cause
order and a "Notice to Interested Persons."
(c) Notice to Interested Persons. The Notice to Interested Persons shall be in the following form:
In the Matter of In the Circuit

Court for
(Name of minor or alleged

(County)
disabled person)
(docket reference)
A petition has been filed seeking appointment of a guardian of the person

of , who is alleged to be a minor or disabled person.
You are an "interested person," that is, someone who should receive notice
of this proceeding because you are related to or otherwise concerned with the
welfare of this person.
If the court appoints a guardian for the person, that person will lose
certain valuable rights to make individual decisions.
Please examine the attached papers carefully. If you object to the
appointment of a guardian, please file a response in accordance with the
attached show cause order. (Be sure to include the case number). If you wish
otherwise to participate in this proceeding, notify the court and be prepared
to attend any hearing.
Each certificate filed pursuant to Rule 10-202 that is attached to the

petition will be admissible as substantive evidence without the presence or
testimony of the certifying health care professional unless you file a request
that the health care professional appear to testify. The request must be filed
at least 10 days before the trial date, unless the trial date is less than 10
days from the date your response is due. If the trial date is less than 10
days from the date your response is due, the request may be filed at any time
before trial.
If you believe you need further legal advice about this matter, you should
consult your attorney.
HISTORY: (Amended Oct. 5, 1999; Dec. 4, 2007, effective Jan. 1, 2008.)
MARYLAND RULES
Md. Rule 10-204 (2012)
Rule 10-204. Advice of rights
The Advice of Rights required to be served on an alleged disabled person shall be in the
following form:
TO (Name).
A petition has been filed seeking appointment of a guardian of your person.
IF THE COURT APPOINTS A GUARDIAN OF YOUR PERSON, YOU WILL LOSE CERT
AIN
VALUABLE RIGHTS, WHICH MAY INCLUDE THE RIGHT TO MAKE DECISIONS FOR
YOURSELF
ABOUT WHERE YOU LIVE, HOW YOU LIVE, AND WHAT MEDICAL CARE YOU RECE
IVE.
YOU HAVE CERTAIN RIGHTS IN THIS CASE:
1. [ ] The petition alleges that
(Name of Attorney)
is your attorney. If that is not correct, notify the clerk immediately.
[ ] The court has appointed
(Name of Attorney)
as your attorney, but you may hire another attorney if you wish.
2. You will have a trial if you or your attorney object to the appointment
of a guardian of your person. It will be a jury trial unless you give up the
right to a jury trial.
3. You have the right to be present at the trial.
4. You have the right to present evidence on your own behalf and to
cross-examine witnesses against you.
5. You have the right to suggest restrictions or limitations of the

guardian's powers if a guardian is appointed.
6. The trial may be closed to the public if you so request.
The above statements cannot cover all possible situations. Please read the
attached papers carefully. You should consult with your attorney to determine
what is in your best interest. Your or your attorney should file a response on
or before the deadline stated in the attached order.
MARYLAND RULES
Md. Rule 10-205 (2012)
Rule 10-205. Hearing
(a) Guardianship of the person of a minor.
(1) No response to show cause order. If no response to the show cause order is filed and the court
is satisfied that the petitioner has complied with the provisions of Rule 10-203, the court may
rule on the petition summarily.
(2) Response to show cause order. If a response to the show cause order objects to the relief
requested, the court shall set the matter for trial, and shall give notice of the time and place of
trial to all persons who have responded.
(b) Guardianship of alleged disabled person.
(1) Generally. When the petition is for guardianship of the person of an alleged disabled person,
the court shall set the matter for jury trial. The alleged disabled person or the attorney
representing the person may waive a jury trial at any time before trial. If a jury trial is held, the
jury shall return a verdict pursuant to Rule 2-522 (c) as to any alleged disability. Each certificate
filed pursuant to Rule 10-202 is admissible as substantive evidence without the presence or
testimony of the certifying health care professional unless, not later than 10 days before trial, an
interested person who is not an individual under a disability, or the attorney for the alleged
disabled person, files a request that the health care professional appear to testify. If the trial date
is less than 10 days from the date the response is due, a request that the health care professional
appear may be filed at any time before trial. If the alleged disabled person asserts that, because of
his or her disability, the alleged disabled person cannot attend a trial at the courthouse, the court
may hold the trial at a place to which the alleged disabled person has reasonable access.
(2) Beneficiary of the Department of Veterans Affairs. If guardianship of the person of a disabled
person who is a beneficiary of the United States Department of Veterans Affairs is being sought
and no objection to the guardianship is made, a hearing shall not be held unless the Court finds
that extraordinary circumstances require a hearing.
HISTORY: (Amended Feb. 10, 1998, effective July 1, 1998; Jan. 20, 1999, effective July 1,
1999; Oct. 5, 1999; Nov. 1, 2001, effective Jan. 1, 2002; Dec. 4, 2007, effective Jan. 1, 2008.)
MARYLAND RULES
Md. Rule 10-206 (2012)
Rule 10-206. Annual report -- Guardianship of a disabled person
(a) Report required. A guardian, other than a temporary guardian, of a disabled person shall file
an annual report in the action. The reporting year shall end on (1) the anniversary of the date the
court assumed jurisdiction over the person or (2) any other date approved by the trust clerk or the
court.
Cross references. -- Code, Estates and Trusts Article, 13-708 (b) (7).
(b) Time for filing. The report shall be filed not later than 60 days after the end of the reporting
year, unless the court for good cause shown shall extend the time.
(c) Copies to interested persons. The guardian shall furnish a copy of the report to any interested
person requesting it, unless the court orders otherwise.
(d) Court approval. The court shall review the report and either enter an order accepting the
report and continuing the guardianship or take other appropriate action.
(e) Form of annual report. The guardian's report shall be in substantially the following form:
[CAPTION]
ANNUAL REPORT OF , GUARDIAN
OF
1. The name and permanent residence of the disabled person are:
2. The disabled person currently resides or is physically present in:
own home guardian's home
nursing home hospital or medical

facility
foster or boarding relative's home:
home
relationship
other
(If other than disabled person's permanent home, state the name and address
of the place where the disabled person lives
.)
3. The disabled person has been in the current location since

. If the person has moved within the past year, the
(date)
reasons for the change are:
4. The physical and mental condition of the disabled person is as follows:
5. During the past year, the disabled person's physical or mental

condition has changed in the following respects:
6. The disabled person is presently receiving the following care:
7. I have applied funds as follows from the estate of the disabled person
for the purpose of support, care, or education:
8. The plan for the disabled person's future care and well being,
including any plan to change the person's location, is:
9. [ ] I have no serious health problems that affect my ability to serve

as guardian.
[ ] I have the following serious health problems that may affect my ability
to serve as guardian:
10. This guardianship

[ ] should be continued.
[ ] should not be continued, for the following reasons:
11. My powers as guardian should be changed in the following respects and

for the following reasons:
12. The court should be aware of the following other matters relating to
this guardianship:
report are true to the best of my knowledge, information, and belief.
Date Guardian's Signature
Guardian's Name (typed or printed)
Street Address or Box Number
City and State
Telephone Number
ORDER
The foregoing Annual Report of a Guardian having been filed and reviewed,
it is by the Court, this day of , ,
(month) (year)
ORDERED, that the report is accepted, and the guardianship is continued.
(or)
ORDERED, that a hearing shall be held in this matter on .
(date)
JUDGE
MARYLAND RULES
Md. Rule 10-207 (2012)
Rule 10-207. Resignation of guardian of the person and appointment of substituted or successor
guardian
(a) Commencement of action. A petition to resign may be filed in accordance with this Rule by
a guardian of the person who has exercised no control over any property of the minor or disabled
person or by a public guardian. The petition shall state the reasons for the resignation and may
request the appointment of a substitute or successor guardian. When a guardian of the person
resigns, dies, is removed, or becomes otherwise incapable of filling the position, and there is no
substituted or successor guardian of the person already named, the court may, on its own
initiative or on the petition filed by any interested person, appoint a substituted or successor
guardian of the person.
Committee note. -- If the original guardian, other than a public guardian, has exercised control
over any property of the minor or disabled person, resignation and appointment of a successor
shall be in accordance with Rule 10-711.
(b) Venue. The petition to resign or to appoint a substituted or successor guardian shall be filed
in the court that has assumed jurisdiction over the guardianship. If jurisdiction has not been
assumed, the petition shall be filed pursuant to Rule 10-201 (b).
(c) Notice. The petitioner shall give notice to those interested persons designated by the court by
mailing to them by ordinary mail a copy of the petition and a show cause order issued pursuant
to Rule 10-104.
(d) Termination of guardian's appointment. Resignation of a guardian does not terminate the
appointment of the guardian until the court enters an order accepting the resignation.
(e) Proceedings. The court may, and upon request shall, hold a hearing and shall grant or deny
the relief sought in the petition. Pending the appointment of the successor guardian, the court
may appoint a temporary guardian.
(f) Other procedures. This Rule is in addition to, and not in lieu of, any other procedure for the
resignation or discharge of a guardian provided by law or by the instrument appointing the
guardian.
MARYLAND RULES
Md. Rule 10-208 (2012)
Rule 10-208. Removal for cause or other sanctions
(a) On court's initiative. The court that has already assumed jurisdiction over the guardianship
of the person may order a guardian to show cause why the guardian should not be removed
or be subject to other sanctions for failure to perform the duties of that office.
(b) On petition of interested persons. An interested person may file a petition to remove a
guardian of the person. The petition shall be filed in the court that has assumed jurisdiction
or, if jurisdiction has not been assumed, pursuant to Rule 10-201 (b). The petition shall
state the reasons why the guardian should be removed.
(c) Notice and hearing. The court shall issue a show cause order pursuant to Rule 10-104
which shall set a hearing date. If no petition for removal has been filed, the show cause
order shall state the grounds asserted by the court for the removal. The order and a copy of
any petition shall be served on the guardian, all interested persons, and any other persons as
directed by the court. The court shall conduct a hearing for the purpose of determining
whether the guardian should be removed.
(d) Action by court. If the court finds grounds for removal, it may remove the guardian and
appoint a substituted or successor guardian as provided in Rule 10-207. Pending the
appointment of the guardian, the court may appoint a temporary guardian.
Cross references. -- As to the grounds for the removal of a fiduciary, see Code, Estates and
Trusts Article, 15-112.
(e) Other sanctions. In addition to or in lieu of removal, the Court may require the guardian
to perform any neglected duties and may impose any other appropriate sanctions.
MARYLAND RULES
Md. Rule 10-209 (2012)
Rule 10-209. Termination of a guardianship of the person
(a) Applicability. When a guardian of the person has exercised no control over any property of
the person or if the guardian of the person is a public guardian, the termination of the
guardianship shall be according to this Rule.
Committee note. -- If a guardian of the person, other than a public guardian, has exercised
control over any property of the minor or disabled person, termination of the guardianship shall
be in accordance with Rule 10-710.
(b) Termination not requiring prior notice.
(1) Petition; grounds. Upon a petition filed in conformity with this section, the court shall
terminate a guardianship of the person without prior notice upon a finding that either (A) a minor
not otherwise disabled has attained the age of majority or (B) the minor or disabled person has
died, and that (C) the guardian has exercised no control over any property of the disabled person.
The petition may be filed by a minor not otherwise disabled or by the guardian of a minor or
disabled person. It shall contain or be accompanied by the guardian's verified statement that the
guardian has exercised no control over any property of the minor or disabled person, and shall
also be accompanied by either a copy of the minor person's birth certificate or other satisfactory
proof of age or a certified copy of the minor or disabled person's death certificate.
(2) Time for filing. A minor who is not disabled may file a petition at any time after attaining the
age of majority. A guardian shall file a petition within 45 days after discovery that grounds for
termination exists.
(3) Venue. The petition shall be filed in the court that appointed the guardian or that has assumed
jurisdiction over the fiduciary estate.
(4) Copy of order. The court shall send a copy of the order terminating the guardianship to the
guardian, the person whose minority has ended, and any other person whom the court designates.
(c) Termination requiring notice.
(1) Cause for termination. A guardianship of the person may be terminated upon the filing of a
petition in accordance with this section if the court, after notice and hearing, finds that any of the
following grounds exist:
(A) the cessation of the disability;
(B) the emancipation of a minor who has not attained the age of majority; or
(C) any other good cause for termination.
(2) Time for filing -- Who may file. Within 45 days after the guardian discovers that grounds for
termination may exist, the guardian shall file a petition requesting the court to terminate the
guardianship. At any time after discovery of the grounds for termination the minor or disabled
person or any other interested person may file a petition requesting the court to terminate the
guardianship.
(3) Venue. The petition shall be filed in the court that appointed the guardian or that has assumed
jurisdiction over the fiduciary estate.
(4) Contents. The petition shall be signed and verified by the petitioner and shall contain the
(A) the petitioner's relationship to the minor or disabled person;
(B) the name and address of each interested person;
(C) a statement of facts establishing the grounds for termination; and
(D) a statement that the guardian has exercised no control over any property of the minor or
disabled person.
(5) Documentation.
(A) Medical certificate. If the cause for the termination of the guardianship is the cessation of the
disability, the petitioner shall file with the petition a certificate, signed by a physician who has
examined the person within 21 days of the filing of the petition, attesting to the cessation of the
disability.
(B) Marriage certificate. If the cause for the termination of the guardianship is emancipation
because of the marriage of the minor person, the petitioner shall file with the petition a copy of
the marriage certificate.
(6) Notice. The petitioner shall give notice by mailing by ordinary mail to those persons
designated by the court a copy of the petition and the show cause order issued pursuant to Rule
10-104.
(7) Proceedings and order. After the time for filing a response has expired, the court may, and
upon request shall, hold a hearing and shall issue an order granting or denying the termination of
the guardianship and the release of the guardian.
MARYLAND RULES
Md. Rule 10-210 (2012)
Rule 10-210. Petition for assumption of jurisdiction -- Emergency protective services
(a) Who may file. Any interested person may file a petition requesting a court to authorize
emergency protective services.
Cross references. -- For the statute providing for emergency protective services, see Code,
(b) Venue. The petition shall be filed either in the county where the person alleged to need
emergency services resides or where the person is physically present.
(c) Contents. The petition shall be captioned, "In the Matter of ..." [stating the name of the person
alleged to need emergency protective services]. It shall be signed and verified by the petitioner
and shall contain at least the following information:
(1) The name and address of the petitioner and the petitioner's relationship to the person alleged
to be in need of emergency protective services.
(2) The name, address, and age of the person alleged to be in need of emergency protective
services, and the name, address, and age of the proposed temporary guardian.
(3) A brief description of the disability.
(4) The proposed protective services.
(5) The reason for seeking the assumption of jurisdiction by the court and for the relief sought.
(6) A statement of reasons why the petitioner believes that:
(A) the person alleged to be in need of emergency protective services is living in conditions
presenting a substantial risk of death or immediate and serious physical harm to that person or
others;
(B) the person alleged to be in need of emergency protective services lacks the capacity to make
or communicate responsible decisions; and
(C) no person authorized by law or court order to give consent is available to consent to
emergency services.
(7) An explanation of steps taken by the petitioner to obtain the consent of the person alleged to
be in need of emergency protective services to the proposed services and the response of the
person.
(8) If the person alleged to be in need of emergency protective services is represented by an

attorney, the name and address of the attorney. If the person is not represented by an attorney, a
request that one be appointed.
MARYLAND RULES
Md. Rule 10-211 (2012)
Rule 10-211. Notice of petition for emergency protective services
(a) To whom given. Notice that a petition for emergency protective services has been filed or
will be filed and the time and place of the court hearing shall be given by the petitioner to: (1) the
person alleged to be in need of emergency protective services; (2) the person with whom the
person is residing; (3) the attorney for the person; (4) the director of the local department of
social services; and (5) those other interested persons as the court may direct.
(b) Manner of notice. The notice shall be in writing, unless the nature of the emergency makes
written notice impracticable.
(c) Timing of notice. The notice shall be given at least 24 hours before the hearing unless the
court shortens the time upon a finding that (1) immediate and reasonably foreseeable physical
harm to the person or others will result from a 24-hour delay, and (2) reasonable attempts have
been made to give notice.
MARYLAND RULES
Md. Rule 10-212 (2012)
(a) Hearing required. The necessity for emergency protective services shall be determined by
the court after a hearing.
(b) Conduct of hearing. The person alleged to be in need of emergency protective services is
entitled to be present at the hearing unless the person has knowingly and voluntarily waived the
right to be present. Waiver may not be presumed from nonappearance but shall be determined on
the basis of factual information supplied by the person's attorney or a representative appointed by
the court. Upon motion by or on behalf of the person alleged to be in need of emergency
protective services that, because of his or her disability, the person cannot attend a hearing at the
courthouse, the court may hold the hearing at a place to which the person has reasonable access.
The person has a right to counsel and to present evidence and cross-examine witnesses.
MARYLAND RULES
Md. Rule 10-213 (2012)
Rule 10-213. Order
(a) Generally. The court may issue an order authorizing the provision of protective services on
an emergency basis after a finding on the record that the allegations required by Rule 10-210 (c)
(6) are established by clear and convincing evidence. An order shall either be in writing or, if
dictated into the record, transcribed by the court reporter immediately and placed into the record.
(b) Appointment of temporary guardian. In its order the court shall appoint a temporary guardian
who can give consent on behalf of the disabled person for the approved protective services until
the expiration of the order.
(c) Duration of order. The order shall expire 144 hours after it is issued, unless extended pursuant
to section (d) of this Rule.
(d) Extension of order. The court may further extend the emergency order and the appointment
of the temporary guardian until appointment of a guardian of the person upon (1) a petition of the
temporary guardian filed before the expiration of the emergency order, accompanied by a
petition for the appointment of a guardian of the person, and (2) a showing that the situation
described in Rule 10-210 (c) (6) will probably continue or recur if the emergency order is not
further extended. The petition for appointment of a guardian shall be heard on an expedited basis
not later than 60 days after it is filed.
(e) Report of temporary guardian. When protective services are rendered on the basis of an
emergency order, the temporary guardian shall submit a report to the court describing the
services and outcome and any forcible entry used to obtain custody of the person. The report
shall become a part of the court record. The temporary guardian shall also send a copy of the
report to
(1) the disabled person and the attorney for the disabled person, and
(2) the director of the local department of social services if the disabled person is under 65, or
(3) the director of the local office on aging if the disabled person is 65 or older, and
(4) any other person or entity as required by the court or by law.

MARYLAND RULES
CHAPTER 300. GUARDIAN OF PROPERTY
Md. Rule 10-301 (2012)
Rule 10-301. Petition for appointment of a guardian of property
(a) Who may file. Any interested person may file a petition requesting a court to appoint a
guardian of the property of a minor or an alleged disabled person.
(b) Venue.
(1) Resident. If the minor or alleged disabled person is a resident of Maryland, the petition shall
be filed in the county where the minor or alleged disabled person resides, even if the person is
temporarily absent.
(2) Nonresident. If the minor or disabled person does not reside in this State, the petition shall be
filed in the county in which a petition for guardianship of the person may be filed, or in the
county where any part of the property is located. For purposes of determining the situs of
property, the situs of tangible personal property is its location; the situs of intangible personal
property is the location of the instrument, if any, evidencing a debt, obligation, stock or chose in
action, or the residence of the debtor if there is no instrument evidencing a debt, obligation,
stock, or chose in action; and the situs of an interest in property held in trust is located where the
trustee may be sued.
(c) Contents. The petition shall be captioned "In the Matter of ..." [stating the name of the minor
or alleged disabled person]. It shall be signed and verified by the petitioner and shall contain at
least the following information:
(1) The petitioner's name, address, age, and telephone number;
(2) The petitioner's familial or other relationship to the alleged disabled person;
(3) Whether the person who is the subject of the petition is a minor or an alleged disabled person
and, if an alleged disabled person, a brief description of the alleged disability;
(4) The reasons why the court should appoint a guardian of the property and, if the subject of the
petition is an alleged disabled person, allegations demonstrating an inability of the alleged
disabled person to manage the person's property and affairs effectively because of physical or
mental disability, disease, habitual drunkenness, addiction to drugs, imprisonment, compulsory
hospitalization, confinement, detention by a foreign power, or disappearance;
Cross references. -- Code, Estates and Trusts Article, 13-201 (b) and (c).
(5) An identification of any instrument nominating a guardian for the minor or alleged disabled
person or constituting a durable power of attorney;
Cross references. -- Code, Estates and Trusts Article, 13-207 (a) (2) and (5).
(6) If a guardian or conservator has been appointed for the alleged disabled person in another
proceeding, the name and address of the guardian or conservator and the court that appointed the
guardian or conservator. If a guardianship or conservatorship proceeding was previously filed in
any other court, the name and address of the court, the case number, if known, and whether the
proceeding is still pending in that court.
(7) The name, age, sex, and address of the minor or alleged disabled person, the name and
address of the persons with whom the minor or alleged disabled person resides, and if the minor
or alleged disabled person resides with the petitioner, the name and address of another person on
whom service can be made;
(8) To the extent known or reasonably ascertainable, the name, address, telephone number, and
nature of interest of all interested persons and all others exercising any control over the property
of the estate;
(9) If the minor or alleged disabled person is represented by an attorney, the name, address, and
telephone number of the attorney.
(10) The nature, value, and location of the property of the minor or alleged disabled person;
(11) A brief description of all other property in which the minor or alleged disabled person has a
concurrent interest with one or more individuals;
(12) A statement that the exhibits required by section (d) of this Rule are attached or, if not
attached, the reason that they are absent; and
(13) A statement of the relief sought.
(d) Required exhibits. The petitioner shall attach to the petition as exhibits (1) a copy of any
instrument nominating a guardian; (2) (A) the certificates required by Rule 10-202, or (B) if
guardianship of the property of a disabled person who is a beneficiary of the United States
Department of Veterans Affairs is being sought, in lieu of the requirements of Rule 10-202, a
certificate of the Secretary of that Department or an authorized representative of the Secretary
stating that the person has been rated as disabled by the Department in accordance with the laws
and regulations governing the Department of Veterans Affairs; and (3) if the petition is for the
appointment of a guardian for a minor who is a beneficiary of the Department of Veterans
Affairs, a certificate of the Secretary of that Department or any authorized representative of the
Secretary, in accordance with Code, Estates and Trusts Article, 13-802.
HISTORY: (Amended Oct. 5, 1999; Nov. 12, 2003, effective Jan. 1, 2004; Dec. 4, 2007,
MARYLAND RULES
Md. Rule 10-302 (2012)
Rule 10-302. Service; notice
(a) Service on minor or alleged disabled person. The petitioner shall serve a show cause order
issued pursuant to Rule 10-104 on the minor or alleged disabled person and on the parent,
guardian, or other person having care or custody of the minor or alleged disabled person or of the
estate belonging to the minor or alleged disabled person. Service shall be in accordance with
Rule 2-121 (a). If the minor or alleged disabled person resides with the petitioner, service shall
be made upon the minor or alleged disabled person and on such other person as the court may
direct. Service upon a minor under the age of ten years may be waived provided that the other
service requirements of this section are met. The show cause order served on an alleged disabled
person shall be accompanied by an "Advice of Rights" in the form set forth in Rule 10-303.
(b) Notice to other persons.
(1) To attorney. Unless the court orders otherwise, the petitioner shall mail a copy of the petition
and show cause order by ordinary mail to the attorney for the minor or alleged disabled person.
(2) To interested persons. Unless the court orders otherwise, the petitioner shall mail by ordinary
mail and by certified mail to all other interested persons a copy of the petition and show cause
order and a "Notice to Interested Persons."
(c) Notice to Interested Persons. The Notice to Interested Persons shall be in the following form:
In the Matter of In the Circuit Court

for
(Name of minor or alleged

(County)
disabled person)
(docket reference)
A petition has been filed seeking appointment of a guardian of the property

of , who is alleged to be a minor or alleged disabled person.
You are an "interested person", that is, someone who should receive notice
of this proceeding because you are related to or otherwise concerned with the
welfare of this person.
If the court appoints a guardian of the property for , that

person will lose the right to manage his or her property.

appointment of a guardian, please file a response in accordance with the
attached show cause order. (Be sure to include the case number). If you wish
otherwise to participate in this proceeding, notify the court and be prepared
to attend any hearing.
Each certificate filed pursuant to Rule 10-202 that is attached to the

petition will be admissible as substantive evidence without the presence or
testimony of the certifying health care professional unless you file a request
that the health care professional appear to testify. The request must be filed
at least 10 days before the trial date, unless the trial date is less than 10
days from the date your response is due. If the trial date is less than 10
days from the date your response is due, the request may be filed at any time
before trial.
If you believe you need further legal advice about this matter, you should
consult your attorney.
MARYLAND RULES
Md. Rule 10-303 (2012)
Rule 10-303. Advice of rights
The Advice of Rights required to be served on an alleged disabled person shall be in the
following form:
TO (Name):
A petition has been filed seeking appointment of a guardian of your

property.
IF THE COURT APPOINTS A GUARDIAN OF YOUR PROPERTY, YOU WILL LOSE CE

RTAIN
VALUABLE RIGHTS, INCLUDING YOUR RIGHT TO MANAGE YOUR PROPERTY AND
TO DECIDE
WHETHER AND HOW TO SPEND YOUR MONEY.
YOU HAVE CERTAIN RIGHTS IN THIS CASE:
1. [ ] The petition alleges that
(Name of Attorney)
is your attorney. If that is not correct, notify the clerk immediately.
[ ] The court has appointed
(Name of Attorney)
as your attorney, but you may hire another attorney if you wish.
2. You will have a trial if you or your attorney object to the appointment
of a guardian of your property.
3. You have the right to be present at the trial.
4. You have the right to present evidence on your own behalf and to
cross-examine witnesses against you.
5. You have the right to suggest restrictions or limitations of the

guardian's power if a guardian is appointed.
6. The trial may be closed to the public if you so request.
The above statements cannot cover all possible situations. Please read the
attached papers carefully. You should consult with your attorney to determine
what is in your best interest. You or your attorney should file a response on
or before the deadline stated in the attached order.
MARYLAND RULES
Md. Rule 10-304 (2012)
(a) No response to show cause order. If no response to the show cause order is filed and the
court is satisfied that the petitioner has complied with the provisions of Rule 10-302, the court
may rule on the petition summarily.
(b) Response to show cause order; place of trial. If a response to the show cause order objects to
the relief requested, the court shall set the matter for trial, and shall give notice of the time and
place of trial to all persons who have responded. Upon motion by the alleged disabled person
asserting that, because of his or her disability, the alleged disabled person cannot attend a trial at
the courthouse, the court may hold the trial at a place to which the alleged disabled person has
reasonable access.
(c) Request for attendance of health care professional. When the petition is for guardianship of
the property of a disabled person, each certificate filed pursuant to Rule 10-202 is admissible as
substantive evidence without the presence or testimony of the health care professional unless, not
later than 10 days before trial, an interested person who is not an individual under a disability, or
the attorney for the disabled person, files a request that the health care professional appear to
testify. If the trial date is less than 10 days from the date the response is due, a request that the
health care professional appear may be filed at any time before trial.
MARYLAND RULES
Md. Rule 10-305 (2012)
Rule 10-305. Administration of guardianship of the property
A guardianship of the property shall be administered pursuant to Rules 10-702 through 10-
712.
MARYLAND RULES
CHAPTER 400. STANDBY GUARDIAN
Md. Rule 10-401 (2012)

(a) Statutory definitions. The definitions stated in Code, Estates and Trusts Article, 13-901
are applicable to this Chapter.
(b) Additional definition. In this Chapter, "interested person" means the minor, the guardian of
the minor, a person having parental rights over the minor pursuant to Code, Estates and Trusts
Article, 1-205 through 1-208, and includes any other person designated by the court.
HISTORY: (Added Feb. 10, 1998, effective July 1, 1998.)
MARYLAND RULES
Md. Rule 10-402 (2012)
Rule 10-402. Petition by a parent for judicial appointment of a standby guardian
(a) Filing of petition. Except for a petition filed by a standby guardian in accordance with Rule
10-403, a petition for the judicial appointment of a standby guardian of the person or property of
a minor shall be filed by a parent of the minor. The petition shall contain the consent of each
person having parental rights over the minor, unless a statement pursuant to subsection (c) (14)
of this Rule is included in the petition.
(b) Venue. The petition shall be filed in the county where the minor resides or is physically
present.
(c) Contents. The petition shall be captioned "In the Matter of ..." [stating the name of the
minor]. It shall be signed and verified by the petitioner and shall include the following
information:
(1) The petitioner's name, address, age, and telephone number;
(2) The petitioner's familial relationship to the minor;
(3) The name, address, and date of birth of the minor;
(4) Whether the minor has any siblings and, if so, their names and ages;
(5) The proposed standby guardian's name, address, age, and telephone number;
(6) The proposed standby guardian's relationship to the minor;
(7) A statement explaining why the appointment of the proposed standby guardian is in the best
interests of the minor;
(8) Whether and under what circumstances the standby guardianship is to be of the minor's
person, property, or both;
(9) If the standby guardian is to be a guardian of the property of the minor, the nature, value, and
location of the property;
(10) A description of the duties and powers of the standby guardian, including whether the
standby guardian is to have the authority to apply for, receive, and use public benefits and child
support payable on behalf of the minor;
Cross references. -- For a listing of the powers of a guardian of the person, see Code, Estates and
Trusts Article, 13-708 and for a guardian of the property, see Code, Estates and Trusts Article,
15-102.
(11) Whether the authority of the standby guardian is to become effective on the petitioner's
incapacity, death, or on the first of those circumstances to occur;
Cross references. -- Code, Estates and Trust Article, 13-906.
(12) A statement that there is a significant risk that the petitioner will become incapacitated or
die within two years of the filing of the petition and the basis for the statement;
(13) If the petitioner is medically unable to appear in court for a hearing pursuant to Rule 10-
404, a statement explaining why;
(14) If a person having parental rights does not join in the petition, (A) a statement that the
identity or whereabouts of the person are unknown and a description of the reasonable efforts
made in good faith to identify and locate the person or (B) a statement that the person is not
willing to join in the petition or has not responded to a request to join in the petition and a
description of the reasonable efforts made in good faith to inform the person about the petition;
and
(15) If the petitioner believes that notice to the minor would be unnecessary or would not be in
the best interests of the minor, a statement explaining why.
(d) Notice. Unless the court orders otherwise, the petitioner shall send by ordinary mail and by
certified mail to all interested persons whose whereabouts are known a copy of the petition and a
"Notice to Interested Persons" pursuant to section (e) of this Rule. Service upon a minor under
the age of ten years may be waived provided that the other service requirements of this section
are met. If the court is satisfied that the petitioner, after reasonable efforts made in good faith,
has been unable to ascertain the whereabouts of a person having parental rights, the court may
order, as to that individual, that the "Notice to Interested Persons Whose Whereabouts are
Unknown," which is set out in section (f) of this Rule, be published one time in the county of that
individual's last known residence or be posted at that county's courthouse door or on a bulletin
board within its immediate vicinity.
(e) Notice to Interested Persons. The Notice to Interested Persons shall be in the following form:
In the Matter of In the Circuit Court for
(Name of minor) (County)
(Date of notice) (docket reference)
A petition has been filed seeking the appointment of a standby guardian of

the [person] [property] [person and property] of ,a
minor.
You are receiving this because you are related to or otherwise concerned
with the welfare of the minor.

appointment of a standby guardian, please file a response with the court at
no later than 30 days after the date of issue of this Notice. (Be sure to
include the case number.) If a response is not received by the court, the
court may rule on the petition without a hearing. If you wish to participate
in this proceeding in any way, notify the court and be prepared to attend any
hearing.
I certify that a copy of the petition and the "Notice to Interested

Persons" was mailed, by ordinary mail, postage prepaid, and by certified mail,
postage prepaid and return receipt requested, this day of , to
at .
Petitioner
Name (printed)
Address
Telephone Number
(f) Notice to Interested Persons Whose Whereabouts are Unknown. The Notice
to Interested Persons Whose Whereabouts are Unknown shall be in the following
form:
NOTICE TO INTERESTED PERSONS WHOSE

WHEREABOUTS ARE UNKNOWN
A petition has been filed seeking the appointment of a standby guardian of

the [person] [property] [person and property] of , who is
alleged to be a minor.
If you are related to or otherwise concerned with the welfare of the minor,
you may obtain further information from the court at
Any response must be received by the court no later than 30 days after the date of issue of this
Notice.

MARYLAND RULES
Md. Rule 10-403 (2012)
Rule 10-403. Petition by standby guardian for judicial appointment after parental designation
(a) Filing of petition. If a parent designates a standby guardian by a written designation

pursuant to Code, Estates and Trusts Article, 13-904 and the standby guardian wishes to retain
authority for a period of more than 180 days, the standby guardian shall file a petition for judicial
appointment within 180 days after the effective date of the standby guardianship.
(b) Venue. The petition shall be filed in the county where the minor resides or is physically
present.
minor]. It shall be signed and verified by the petitioner and shall contain the following
information:
(1) The petitioner's name, address, age, telephone number, and relationship to the minor;
(2) The name, address, and date of birth of the minor;
(3) Whether the minor has any siblings and, if so, their names and ages;
(4) A statement explaining why the appointment of the proposed standby guardian is in the best
interests of the minor.
(5) Whether and under what circumstances the standby guardianship is to be of the minor's
person, property, or of both;
(6) If the standby guardian is to be a guardian of the property of the minor, the nature, value, and
location of the property;
(7) A description of the duties and powers of the standby guardian, including whether the
standby guardian is to have the authority to apply for, receive, and use public benefits and child
support payable on behalf of the minor; and
(8) If the petition is filed by a person designated by a parent as alternate standby guardian
pursuant to Code, Estates and Trusts Article, 13-904 (b) (2), a statement that the person
designated as standby guardian is unwilling or unable to act as standby guardian and the basis for
the statement.
(d) Documentation. The petitioner shall file with the petition:
(1) The written parental designation of the standby guardian signed, or consented to, by each
person having parental rights over the child, if available, and, if not, the documentation required
by Code, Estates and Trusts Article, 13-904 (f) (4);
(2) A copy of a physician's determination of incapacity or debilitation of the parent pursuant to

Code, Estates and Trusts Article, 13-906; and
(3) If a determination of debilitation is filed pursuant to subsection (d) (2) of this Rule, a copy of
the parental consent to the beginning of the standby guardianship pursuant to Code, Estates, and
Trusts Article, 13-904 (f).
(e) Notice. Unless the court orders otherwise, the petitioner shall send by ordinary mail and by
certified mail to all interested persons a copy of the petition and a "Notice to Interested Persons"
pursuant to section (f) of this Rule. Service upon a minor under the age of ten years may be
waived provided that the other service requirements of this section are met. If the court is
satisfied that the petitioner, after reasonable efforts made in good faith, has been unable to
ascertain the whereabouts of a person having parental rights, the court may order, as to that
individual, that the "Notice to Interested Persons Whose Whereabouts are Unknown," which is
set out in section (g) of this Rule, be published one time in the county of that individual's last
known residence or be posted at that county's courthouse door or on a bulletin board within its
immediate vicinity.
(f) Notice to Interested Persons. The Notice to Interested Persons shall be in the following form:
A petition has been filed seeking appointment of a standby guardian of the

[person] [property] [person and property] of , a minor.
You are receiving this notice of this proceeding because you are related to
or otherwise concerned with the welfare of the minor.

appointment of a standby guardian, please file a response with the court at
no later than 30 days after the date of issue of this Notice. (Be sure to
include the case number.) If a response is not received by the court, the
court may rule on the petition without a hearing. If you wish to participate
in this proceeding in any way, notify the court and be prepared to attend any
hearing.
I certify that a copy of the petition and the "Notice to Interested

Persons" was mailed, by ordinary mail, postage prepaid, and by certified mail,
postage prepaid and return receipt requested, this day of , to
at
Petitioner
Name (printed)
Address
Telephone Number
(g) Notice to Interested Persons Whose Whereabouts are Unknown. The Notice to Interested
Persons Whose Whereabouts are Unknown shall be in the following form:
NOTICE TO INTERESTED PERSONS WHOSE

WHEREABOUTS ARE UNKNOWN
A petition has been filed seeking the appointment of a standby guardian of the [person]
[property] [person and property] of , who is alleged to be a minor.
If you are related to or otherwise concerned with the welfare of the minor,
you may obtain further information from the court at
.
Any response must be received by the court no later than 30 days after the date of issue of this
Notice.
Cross references. -- Code, Estates and Trusts Article, 13-904(e) and (f).
MARYLAND RULES
Md. Rule 10-404 (2012)
(a) No response to notice. If no response to the notice is filed and the court is satisfied that the
petitioner has complied with the provisions of Rules 10-402 or 10-403, the court may rule on the
petition without a hearing.
(b) Response to notice. If a response is filed to the notice objecting to the appointment of the
standby guardian, the court shall hold a hearing and shall give notice of the time and place of the
hearing to all interested persons. Unless excused for good cause shown, the petitioner, the
proposed standby guardian, and the minor named in the petition shall be present at the hearing.

MARYLAND RULES
Md. Rule 10-405 (2012)
Rule 10-405. Order
(a) Judicial appointment of standby guardian. After the filing of a petition for judicial
appointment of a standby guardian pursuant to Code, Estates and Trusts Article, 13-903 (a), the
court shall enter an order appointing the person as a standby guardian if the court finds that the
requirements of these Rules and Code, Estates and Trusts Article, 13-903 (d) have been met.
(b) Judicial appointment of standby guardian after parental designation. After the filing of a
petition for judicial appointment of a standby guardian who was previously designated as
standby guardian or alternate standby guardian by a parent pursuant to Code, Estates and Trusts
Article, 13-904 (a), the court shall enter an order appointing the person as a standby guardian if
the court finds that the requirements of these Rules and Code, Estates and Trusts Article, 13-
904 (g) have been met.
(c) Order appointing a standby guardian.
(1) An order appointing a standby guardian shall state whether the standby guardianship is of the
minor's person, property, or both, whether the guardian shall have the authority to apply for,
receive, and use public benefits and child support payable on behalf of the minor, and any other
duties and powers of the standby guardian; and
(2) When the order is entered pursuant to section (a) of this Rule, the order shall also
(A) Specify whether the authority of the standby guardian is effective on the receipt of a
determination of the petitioner's incapacity pursuant to Code, Estates and Trusts Article, 13-
906, on the receipt of the certificate of the petitioner's death, or on whichever occurs first; and
(B) Provide that the authority of the standby guardian may become effective earlier on written
consent of the petitioner in accordance with Code, Estates and Trusts Article, 13-903 (e) (3).
(d) Duty to file documentation. A copy of the appropriate document referred to in subsection (c)
(2) of this Rule shall be filed by the standby guardian with the court within 90 days after the
standby guardian receives the document.
Cross references. -- See Code, Estates and Trusts Article, 13-906 concerning a written
determination of incapacity.
(e) Revocation of standby guardian's authority. The court may revoke the standby guardian's
authority for failure to file any of the required documentation.
MARYLAND RULES
Md. Rule 10-406 (2012)
Rule 10-406. Accounting
(a) Records. A court-appointed standby guardian of the property shall keep records of the
fiduciary estate and, upon request of any interested person or of the court that has assumed
jurisdiction over the standby guardianship of the property, shall make the records available for
inspection.
(b) Annual fiduciary accounts. When the court has assumed jurisdiction over a standby
guardianship of the property, the standby guardian shall file each year an account in substantially
the form set forth in rule 10-708. The provisions of Rule 10-706 shall apply to the account,
except that the end of the accounting year shall be the anniversary of the date upon which the
court assumed jurisdiction over the standby guardianship.

MARYLAND RULES
Md. Rule 10-407 (2012)
(a) On court's initiative. The court that has assumed jurisdiction over a standby guardianship
may order the standby guardian to show cause why the guardian should not be removed or be
subject to other sanctions for failure to perform the duties of that office.
standby guardian. The petition shall be filed in the court that appointed the standby guardian or,
if there is a written parental designation pursuant to Code, Estates and Trusts Article, 13-904
(a) and the court has not yet assumed jurisdiction over the standby guardianship, in the county
where the minor resides or is physically present. The petition shall state the reasons why the
guardian should be removed.
(c) Action by court. The provisions of Rule 10-208 (c) and (e) shall apply to proceedings for
removal of a standby guardian. If the court finds grounds for removal, it may remove the standby
guardian and may appoint an alternate standby guardian pursuant to Code, Estates and Trusts
Article, 13-904 (b) (2).
MARYLAND RULES
Md. Rule 10-408 (2012)
Rule 10-408. Revocation, renunciation, and resignation
(a) Revocation by parent. A parent may file a petition to revoke a standby guardianship in the
court that appointed the standby guardian. The petition shall state the reasons for the revocation
and shall be served on the standby guardian and all interested persons. If an objection to the
revocation is filed, the court shall hold a hearing prior to ruling on the petition.
(b) Renunciation by standby guardian. A person who is judicially appointed as a standby

guardian may renounce the appointment at any time before the effective date of the person's
authority by executing a written renunciation, filing the renunciation with the court that issued
the order, and promptly notifying the parent in writing of the renunciation.
(c) Resignation by standby guardian. A person who has been judicially appointed as a standby
guardian and whose authority has become effective may file a petition to resign in the court that
appointed the standby guardian. The petition shall state the reasons for the resignation and shall
be served on all interested persons. If an objection to the resignation is filed, the court shall hold
a hearing prior to ruling on the petition.
MARYLAND RULES
Md. Rule 10-409 (2012)
Rule 10-409. Bond
The furnishing of a bond by a standby guardian shall be governed by the provisions of Code,
MARYLAND RULES
CHAPTER 500. FIDUCIARY ESTATES OTHER THAN GUARDIANSHIPS
Md. Rule 10-501 (2012)
Rule 10-501. Petition for assumption of jurisdiction over a fiduciary estate other than a
guardianship
(a) Who may file. A fiduciary or other interested person may file a petition requesting a court
to assume jurisdiction over a fiduciary estate other than a guardianship of the property of a minor
or disabled person.
(b) Venue. The petition shall be filed in the county in which all or any part of the property of the
estate is located or where the fiduciary, if any, resides, is regularly employed, or maintains a
place of business.
fiduciary estate]. It shall be signed and verified by the petitioner, and shall contain at least the
(1) The petitioner's name, address, age, and telephone number.

(2) The reason for seeking the assumption of jurisdiction by the court and a statement of the
relief sought, specifying the extent to which court jurisdiction over the fiduciary estate is desired.
(3) An identification of any instrument creating the estate, with a copy attached to the petition, if
possible, and, if not, an explanation of its absence.
(4) The name, address, telephone number, and nature of interest of all interested persons and all
others exercising control of any of the fiduciary estate, to the extent known or reasonably
ascertainable.
(5) The nature of the interest of the petitioner.
(6) The nature, value, and location of the property comprising the fiduciary estate.
MARYLAND RULES
Md. Rule 10-502 (2012)
Rule 10-502. Notice
The petitioner shall serve all interested persons and all others exercising control of any or all
of the fiduciary estate by mailing to them by ordinary mail and by certified mail, unless the court
directs otherwise, a copy of the petition and a show cause order issued pursuant to Rule 10-104.
MARYLAND RULES
Md. Rule 10-503 (2012)
(a) No response to show cause order. If no response to the show cause order is filed, and the
(b) Response to show cause order. If a response to the show cause order objects to the relief
requested, the court shall hold a hearing as in any contested matter, and shall give notice of the
time and place of the hearing to all interested persons and to all others exercising control over
any or all of the fiduciary estate.
MARYLAND RULES
Md. Rule 10-504 (2012)
Rule 10-504. Administration of fiduciary estates other than guardianships of the property
A fiduciary estate other than a guardianship of property shall be administered pursuant to

Rules 10-702 through 10-712.
MARYLAND RULES
Md. Rule 10-505 (2012)
Rule 10-505. Termination of jurisdiction
(a) Who may file. Upon petition filed by any interested person, a court which has assumed
jurisdiction over the administration of a fiduciary estate may relinquish jurisdiction.
(b) Notice. Unless the court orders otherwise, the petitioner shall serve all interested persons and
all others exercising control over any of the fiduciary estate by mailing to them, by ordinary
mail, a copy of the petition and a show cause order issued pursuant to Rule 10-104.
(c) Proceedings.
(1) No response to show cause order. If no response to the show cause order is filed and the court
is satisfied that the petitioner has complied with the provisions of section (b) of this Rule, the
court may rule on the petition summarily.
(2) Response to show cause order. If a response to the show cause order objects to the relief
requested, the court shall hold a hearing and shall give notice of the time and place of the hearing
to all persons who have responded.
MARYLAND RULES
CHAPTER 600. ABSENT OR UNKNOWN PERSONS
Md. Rule 10-601 (2012)
Rule 10-601. Petition for assumption of jurisdiction -- Person whose identity or whereabouts is
unknown
(a) Who may file. A fiduciary or interested person may file a petition requesting a court to
assume jurisdiction over the fiduciary estate for the purpose of determining its distribution if the
petitioner believes that there may be a person whose identity or present whereabouts is unknown
who is entitled to share in the estate.
(b) Venue. The petition shall be filed in the court which has assumed jurisdiction over the
fiduciary estate, or if jurisdiction has not been assumed, then in the county where any part of the
property to be distributed is located or where the fiduciary, if any, resides, is regularly employed,
or maintains a place of business.
(c) Contents of petition. In addition to any other material allegations, the petition shall contain at
least the following information:
(1) The petitioner's name, address, and telephone number.
(2) The nature, value, and location of any property comprising the fiduciary estate.
(3) The reasons for seeking the assumption of jurisdiction by the court and the proposed
distribution.
(4) An identification of any instrument creating the fiduciary estate, with a copy attached to the
petition, if possible, and, if not, an explanation of its absence.
(5) The reason it is believed that there may be a person whose identity or whereabouts is
unknown.
(6) Facts showing that the petitioner has searched diligently for the person whose identity or
whereabouts is unknown.
MARYLAND RULES
Md. Rule 10-602 (2012)
Rule 10-602. Notice
(a) Known persons. Unless the court orders otherwise, the petitioner shall give notice to those
persons whose identity and interest in the property are known and to any others designated by the
court by mailing to them by ordinary mail and by certified mail a copy of the petition and a show
cause order issued pursuant to Rule 10-104.
(b) Unknown persons. If the court is satisfied that reasonable efforts have been made to ascertain
the identity or whereabouts of a person, the court shall order that notice to those persons whose
identity or whereabouts are unknown shall be made in the manner provided by Rule 2-122.
MARYLAND RULES
Md. Rule 10-603 (2012)

(a) No response to show cause order. If no response to the show cause order is filed, and if the
(b) Response to show cause order. If a response to the show cause order objects to the relief
requested, the court shall set the matter for hearing and shall give notice of the time and place of
the hearing to all persons who have responded.
MARYLAND RULES
Md. Rule 10-604 (2012)
Rule 10-604. Attorney for person whose identity or whereabouts is unknown
The court may appoint an attorney to protect the interest of a person whose identity or
whereabouts is unknown. The fee of the attorney shall be fixed by the court and paid out of the
property or portion thereof to be distributed pursuant to court order.
MARYLAND RULES
Md. Rule 10-605 (2012)
Rule 10-605. Distribution
(a) Generally. After the expiration of the time fixed in the order of publication for pleading by
a person whose identity or whereabouts is unknown, the court may enter an appropriate order
distributing the property.
(b) To abandoned property fund. If the court finds that all reasonable efforts have been made to
locate a person whose identity or whereabouts is unknown and that person has not appeared, the
court shall order the property distributable to that person, after allowing costs, to be distributed to
the abandoned property fund pursuant to Code, Commercial Law Article, 17-317.
(c) Retention by fiduciary or distribution to trustee.
(1) Order. The court may order the fiduciary to retain or transfer to a trustee appointed by the
court or to deposit with the clerk the share to which the person whose identity or whereabouts is
unknown is entitled, and order any income to be accumulated for the time the court directs.
(2) Bond. The court may order a trustee to whom the property is transferred to furnish a bond to
the State in an amount and for a time period prescribed by the court.
MARYLAND RULES
CHAPTER 700. FIDUCIARY ESTATES INCLUDING GUARDIANSHIPS OF THE
PROPERTY
Md. Rule 10-701 (2012)
Rule 10-701. Scope
The rules in this Chapter apply to proceedings under the rules in Chapters 300, 500, and 600
of this Title. They do not apply to proceedings under the rules in Chapters 200 and 400 of this
Title, except as otherwise provided in those rules.

MARYLAND RULES
PROPERTY
Md. Rule 10-702 (2012)
Rule 10-702. Bond -- Fiduciary estate
(a) When required or excused.
(1) Required by instrument. If the instrument nominating the fiduciary or creating the estate
requires the fiduciary to give bond, the fiduciary, whether corporate or non-corporate, shall file a
bond before commencing the performance of any fiduciary duties unless excused pursuant to
subsection (5) of this section.
(2) Excused by instrument. If the instrument nominating the fiduciary or creating the estate
excuses a noncorporate fiduciary from furnishing bond, the court shall not require a bond unless
the court finds that, notwithstanding the provisions of the instrument, exceptional circumstances
make a bond necessary for the protection of interested persons.
(3) Corporate fiduciary. Except as provided in subsection (1) of this section, a corporate
fiduciary shall not be required to furnish a bond.
(4) Noncorporate fiduciary -- Bond not mentioned in instrument -- Court appointment. The court
may require a non-corporate fiduciary, appointed by the court or nominated under an instrument
that is silent as to bond, to file a bond if the court finds that exceptional circumstances make a
bond necessary for the protection of interested persons.
(5) Fiduciary estate not exceeding $10,000. Unless the court finds that exceptional circumstances
make a bond necessary for the protection of interested persons, the court shall not require a
fiduciary to furnish or continue in effect a bond if the assets of the estate (A) do not exceed $
10,000 in value, (B) cannot be transferred by the fiduciary without approval of the court, and (C)
consist only of cash deposited in a restricted account pursuant to Rule 10-705, securities, or real
property.
(b) Petition to require or change amount of bond.
(1) Who may file. Subject to the provisions of section (a), any interested person may file a
petition to require the fiduciary to file a bond if a bond has not previously been filed or to reduce
any bond that has been filed.
(2) Where filed. If a court has assumed jurisdiction over the estate, the petition shall be filed in
that court. Otherwise, it shall be filed in the county in which the fiduciary resides, is regularly
employed, or maintains a place of business.
(3) Notice. Unless the court orders otherwise, the fiduciary shall mail by ordinary mail to all
interested persons and all others exercising control of any of the fiduciary estate a copy of the
petition and a show cause order issued pursuant to Rule 10-104.
(c) Where bond to be filed.
(1) Required by court. If a court requires a bond, the bond shall be filed in that court, unless the
court directs otherwise.
(2) Required by instrument. If a bond is required by the instrument that creates the fiduciary
estate or nominates a fiduciary, the bond shall be filed in the following place:
(A) If the instrument specifies the county where the bond is to be filed, the bond shall be filed in
the circuit court specified in the instrument;
(B) If the instrument does not specify a place or provide for a place to be selected, the bond shall
be filed in the circuit court for the county where the instrument is recorded. If the instrument is
not recorded, the bond shall be filed in the circuit court for the county where the estate will be
administered.
(d) Amount of bond -- Other security.
(1) Generally. The amount of a fiduciary bond shall not be greater than the aggregate value of the
property of the estate in the fiduciary's control, less the value of (A) securities, (B) money
deposited in a financial institution as defined in Code, Estates and Trusts Article, 13-301 (h)
under arrangements requiring an order of court for their removal, and (C) real property which the
fiduciary, by express limitation of power, lacks power to sell or convey without court
authorization. In lieu of sureties on a bond, the court may accept other security for the
performance of the bond, including a pledge of securities or a mortgage of real property. The
court may at any time, subject to the maximum amount provided by this section, require the
amount of the bond, or the type or value of security, to be changed. The approval of a new bond
shall not discharge any liability that may have accrued under the existing bond before such
approval.
(2) Specified by instrument. If the instrument creating the estate requires that the fiduciary file a
bond in a specific amount, the bond shall be in the lesser of that amount or the maximum amount
provided in subsection (1).
(e) Terms of bond. A fiduciary bond shall be to the State of Maryland and shall be conditioned
upon the faithful discharge of the duties of the fiduciary as follows:
The condition of the above obligation is such, that if shall well and truly perform the office
of fiduciary as designated by the and shall discharge the duties required by law as fiduciary
without any injury or damage to any person interested in the faithful performance of the office,
then the above obligation shall be void; it shall otherwise remain in full force and effect.
(f) Payment of bond premium from income. A fiduciary who is required to file a bond shall be
entitled to pay and be allowed the cost of the premium out of the income of the estate, unless the
court otherwise directs.
MARYLAND RULES
PROPERTY
Md. Rule 10-703 (2012)
Rule 10-703. Compromise of claim or dispute
(a) Petition. A fiduciary may petition a court to authorize or ratify a compromise or settlement
of any claim or matter relating to a fiduciary estate.
(b) Venue. The petition shall be filed in the court that has already assumed jurisdiction over the
administration of the fiduciary estate or, if jurisdiction has not been assumed (A) if the petitioner
is a personal representative, in the court of the county where letters of administration were issued
or (B) if the petitioner is not a personal representative, by petition in the court in the county in
which the fiduciary resides, is regularly employed, or maintains a place of business.
(c) Notice. The petitioner shall mail by ordinary mail to those interested persons designated by
the court a copy of the petition and a show cause order issued pursuant to Rule 10-104.
(d) Ratification. The court may authorize or ratify the proposed compromise or settlement,
imposing any appropriate terms and conditions, if satisfied that the action is in the best interest of
the estate.
MARYLAND RULES
PROPERTY
Md. Rule 10-704 (2012)
Rule 10-704. Titling of assets
(a) Form. Unless otherwise ordered by the court, assets of a fiduciary estate shall be held in
(1) Any account in any bank, savings and loan association, or other
financial institution shall be held: A.B., (fiduciary) for (or
under the Will of ).
(2) Any security held by a fiduciary shall be titled in accordance with subsection (a) (1) of this
Rule or in the name of a nominee or in other form without disclosure of the interest of the
fiduciary estate, but the fiduciary shall be liable for a wrongful act of the nominee in connection
with the security so held.
Cross references. -- Code, Estates and Trusts Article, 15-102 (x).
(3) All other intangible assets and all tangible personal assets required to be titled shall be titled
in a form similar to subsection (a) (1) of this Rule, unless it is impractical to do so.
(b) Securities in name of disabled person. Unless otherwise ordered by the court, nothing in
section (a) of this Rule shall prohibit the fiduciary who has physical possession of securities from
retaining them in the name of a disabled person.
(c) Real estate. Real estate need not be titled in the name of the fiduciary if (1) the real property
lies in the county in which the court has assumed jurisdiction or (2) a copy of the court order or
instrument naming the fiduciary has been filed in the land records in the Maryland county where
the property is located (other than the county in which the court has assumed jurisdiction), or in
the land records of another state where the property is located.
MARYLAND RULES
PROPERTY
Md. Rule 10-705 (2012)
Rule 10-705. Restricted accounts
(a) Petition for restricted accounts.

When a fiduciary estate consists entirely of cash in an amount not exceeding $
75,000, a fiduciary may petition the court for an order authorizing the
deposit of cash in a federally insured financial institution in a single
restricted account titled substantially in the following form: "A.B.,
(fiduciary), withdrawals subject to the order of the Circuit Court for County."
(b) Orders authorizing withdrawals. The court may require a separate order prior to each
withdrawal. The court may enter a continuing order authorizing withdrawals up to a specified
amount. The continuing order may be for a definite period of time, not to exceed one year, and
may on petition be renewed annually.
(c) Proof of restricted account. The fiduciary shall promptly provide proof of the opening of a
restricted account to the trust clerk, who shall make note of it in the file.
(d) When accounting not required. If all of the assets of a fiduciary estate are deposited in a
single restricted account in an amount not exceeding $ 10,000, no annual accounting is required
unless the court orders otherwise.
MARYLAND RULES
PROPERTY
Md. Rule 10-706 (2012)
Rule 10-706. Accounting
(a) Records. A fiduciary shall keep records of the fiduciary estate and upon request of the court
that has assumed jurisdiction over the fiduciary estate or any interested person, shall make the
records available for inspection.
(b) Annual fiduciary accounts.
(1) Generally. When the court has appointed a guardian of the property or has assumed
jurisdiction over a fiduciary estate, the fiduciary shall file each year an account in substantially
the form set forth in Rule 10-708. The end of the accounting year shall be (A) the anniversary of
the date upon which the court assumed jurisdiction over the estate or appointed the fiduciary, or
(B) any other anniversary date fixed with the consent of the trust clerk or the court. The account
shall be filed not later than 60 days after the end of the accounting year, unless the court or trust
clerk extends the time for good cause shown. The fiduciary shall furnish a copy of the account to
any interested person who requests it.
(2) Beneficiary of the Department of Veterans Affairs. In the case of a beneficiary of the
Department of Veterans Affairs, the fiduciary shall send a certified copy of the account to the
Office of the Department of Veterans Affairs having jurisdiction over the area in which the court
is located.
Cross references. -- Code, Estates and Trusts Article, 13-804 (c).
(3) When not required. Unless the court orders otherwise, the fiduciary of a fiduciary estate
consisting entirely of cash in a restricted account under Rule 10-705 (d) need not file an annual
account.
(4) Trust clerk -- Report and recommendation.
(A) Generally. The trust clerk shall examine each annual account, report to the court any
irregularity in it, raise any other matters deemed appropriate, and make recommendations. The
trust clerk may require the fiduciary to furnish proof of any transactions shown in the account.
(B) Beneficiary of the Department of Veterans Affairs. In the case of a beneficiary of the
Department of Veterans Affairs, the trust clerk shall endorse on the account a certificate that any
securities or investments shown on the account were exhibited to the trust clerk.
Cross references. -- Code, Estates and Trusts Article, 13-804 (b).
(5) Court approval. The court shall review every annual account and either enter an order
approving the account or take other appropriate action.
(c) Audit. When the court has appointed a guardian of the property or has assumed jurisdiction
over a fiduciary estate, the fiduciary account need not be audited by a private auditor unless
specifically required by the court. Upon a petition filed by the fiduciary or upon the court's own
initiative, the court may order an audit pursuant to Rule 2-543. A fiduciary may have a private
audit conducted for any period but, unless the court orders otherwise, the cost of that audit shall
be borne by the fiduciary and not the fiduciary estate.
MARYLAND RULES
PROPERTY
Md. Rule 10-707 (2012)
Rule 10-707. Inventory and information report
(a) Duty to file. Within 60 days after jurisdiction has been assumed or a fiduciary has been
appointed, the fiduciary shall file an inventory and information report in substantially the
following form:
Part I.
[CAPTION]
INVENTORY
The FIDUCIARY ESTATE now consists of the following assets:
(attach additional sheets, if necessary; each item listed shall be valued

by the fiduciary at its fair market value, as of the date of the appointment
of the fiduciary or the assumption of jurisdiction by the court; unless the
court otherwise directs, it shall not be necessary to employ an appraiser to
make any valuation; state amount of any mortgages, liens, or other
indebtedness, but do not deduct when determining estimated fair market value)
A. REAL ESTATE
(State location, liber/folio, balance of mortgage, and name of lender, if

any)
ESTIMATED FAIR
MARKET VALUE
TOTAL
$
B. CASH AND CASH EQUIVALENTS
(State name of financial institution, account number, and type of account)

PRESENT FAIR
MARKET VALUE
TOTAL
$
C. PERSONAL PROPERTY
(Itemize motor vehicles, regardless of value; describe all other property

generally if total value is under $ 1500; state amount of any lien; itemize,
if total value is over $ 1500)
ESTIMATED FAIR
MARKET VALUE
$
TOTAL
$
D. STOCKS
(State number and class of shares, name of corporation)
PRESENT FAIR
MARKET VALUE
TOTAL
$
E. BONDS
(State face value, name of issuer, interest rate, maturity date)
PRESENT FAIR
MARKET VALUE
TOTAL
$
F. OTHER
(Describe generally, e.g., debts owed to estate, partnerships, cash value

of life insurance policies, etc.)
ESTIMATED FAIR
MARKET VALUE
TOTAL
$
Part II.
INFORMATION REPORT
(1) Are there any assets in which the minor or disabled person holds a
present interest of any kind together with another person in any real or
personal property, including accounts in a credit union, bank, or other
financial institution?

information as to all such property:
Name, Address, and Nature of Description Total Value

Relationship of Property of Interest of Property
Co-Owner
(2) Does the minor or disabled person hold an interest less than absolute in any
other property which has not been disclosed in question (1) and has not been
included in the inventory (e.g., interest in a trust, a term for years, a life
estate)?
[ ] No [ ] Yes If yes, give the

following information as to each such interest:
Description of Interest Date and Type

of Instrument
and Amount or Value Establishing
Interest
VERIFICATION:
inventory and information report are true and complete to the best of my
knowledge, information, and belief.
Date Date
Signature of Fiduciary
Address
Address
Telephone Number
Telephone Number
Name of Fiduciary's Attorney
Address
Telephone Number
(b) Examination not required. Unless the court otherwise directs, it shall not be necessary that the
assets listed in the report be exhibited to or examined by the court, the trust clerk, or auditor.
(c) Notice. Unless the court orders otherwise, the trust clerk or fiduciary shall furnish a copy of
the report to any interested person who has made a request for it.
MARYLAND RULES
PROPERTY
Md. Rule 10-708 (2012)
Rule 10-708. Fiduciary's Account and report of trust clerk
(a) Form of account. The Fiduciary's Account shall be filed in substantially the following form:
[CAPTION]
FIDUCIARY'S ACCOUNT
I, , make this [ ] periodic [ ] final Fiduciary's Account for the

period from to .
Part I. The FIDUCIARY ESTATE now consists of the following assets: (attach
additional sheets, if necessary; state amount of any mortgages, liens, or
other indebtedness, but do not deduct when determining estimated fair market
value)
A. REAL ESTATE
(State location, liber/folio, balance of mortgage, and name of lender, if

any)
ESTIMATED FAIR
MARKET VALUE
$
TOTAL
$
B. CASH AND CASH EQUIVALENTS
(State name of financial institution, account number, and type of account)
PRESENT FAIR
MARKET VALUE
TOTAL
$
C. PERSONAL PROPERTY
(Itemize motor vehicles, regardless of value; describe all other property

generally if total value is under $ 1500; state amount of any lien; itemize,
if total value is over $ 1500)
ESTIMATED FAIR
MARKET VALUE
TOTAL
$
D. STOCKS
(State number and class of shares, name of corporation)
PRESENT FAIR
MARKET VALUE
TOTAL
$
E. BONDS
(State face value, name of issuer, interest rate, maturity date)
PRESENT FAIR
MARKET VALUE
TOTAL
$
F. OTHER
(Describe generally, e.g., debts owed to estate, partnerships, cash value

of life insurance policies, etc.)
ESTIMATED FAIR
MARKET VALUE
$
TOTAL
$
Part II. The following income was collected and disbursements were made:
(attach additional sheets, if necessary)
A. INCOME
(State type, e.g. pensions, social security, rent, annuities, dividends,

interest, refunds)
AMOUNT
$
TOTAL
$
B. DISBURSEMENTS
(State to whom paid and purpose of payment)
AMOUNT
TOTAL
$
C. SUMMARY
Total Income ................................................

$
Total Disbursements .......................................

$( )
Net Income/(Loss) ..........................................

$
Part III. The following changes in the assets of the Fiduciary Estate have
occurred since the last account: (attach additional sheets, if necessary)
A. ASSETS ADDED
Gross Value at date of

Description of Purchase acquisition if other
Date Transaction Price than by purchase
B. ASSETS DELETED
Gross
Description of Sale Selling Carrying Gain
Date Transaction Proceeds Costs Value (loss)
A Summary of the Fiduciary Estate is as follows:
Value reported Value reported

on last on this
Type of Property Fiduciary Account Fiduciary Account
A. Real Estate $ $
B. Cash and Cash
Equivalents $ $
C. Personal Property $ $
D. Stocks $ $
E. Bonds $ $
F. Other $ $
Total $ $
The Fiduciary bond, if any, has been filed in this action in the amount of
$ .
VERIFICATION:
account are true and complete to the best of my knowledge, information, and
belief.
Date Date
Address
Address
Telephone Number
Telephone Number
Name of Fiduciary's Attorney
Address
Telephone Number
(b) Report of the trust clerk and order of court. The Report of the Trust Clerk and Order of Court
shall be filed in substantially the following form:
REPORT OF TRUST CLERK AND ORDER OF COURT

I, the undersigned Trust Clerk, certify that I have examined the attached
Fiduciary's Account in accordance with the Maryland Rules.
Matters to be called to the attention of the Court are as follows:
Date
Signature of Trust Clerk
Address of Trust Clerk

Telephone No. of
Trust Clerk
ORDER
The foregoing Fiduciary's Account having been filed and reviewed, it is by

the Court, this day of , ,
(month) (year)
ORDERED, that the attached Fiduciary's Account is accepted.
(or)
ORDERED, that a hearing shall be held in this matter on .
(date)
JUDGE

MARYLAND RULES
PROPERTY
Md. Rule 10-709 (2012)
Rule 10-709. Transfer of fiduciary estate to a foreign fiduciary
(a) Who may file. A fiduciary or any interested person may file a petition requesting a court to
transfer a fiduciary estate to a foreign fiduciary.
(b) Venue. The petition shall be filed in the court that has assumed jurisdiction over the fiduciary
estate, or if jurisdiction has not been assumed, in the county in which any part of the property is
located, or where the transferor resides, is regularly employed, or maintains a place of business.
(c) Contents. The petition shall contain at least the following information:
(1) The name, address, telephone number, and interest of the petitioner.
(2) The name, address, telephone number, and interest of the foreign fiduciary.
(3) The place and date of the foreign fiduciary's appointment.
(4) The reasons why the transfer should be made.
(d) Certificates. A petition shall be accompanied by a certified copy of the instrument or court
order appointing the foreign fiduciary, and proof that the appointment is still in effect.
(e) Notice. The petitioner shall give notice to all interested persons by mailing to them by
ordinary mail a copy of the petition and a show cause order issued pursuant to Rule 10-104.
(f) Final accounting. No final accounting need be filed unless required by the court.
MARYLAND RULES
PROPERTY
Md. Rule 10-710 (2012)
Rule 10-710. Termination of a fiduciary estate -- Final distribution
(a) Cause for termination. Grounds for the termination of a fiduciary estate shall include:
(1) the occurrence of the event specified in the instrument creating the estate;
(2) the distribution by the fiduciary of all remaining assets of the estate in a manner authorized
by the instrument creating the estate;
(3) the attainment by a minor of the age of majority;
(4) the emancipation of a minor who has not attained the age of majority;
(5) the cessation of a disability;
(6) the death of the minor or disabled person; or

(7) any other good cause for termination.
(b) Time for filing -- Who may file. Within 45 days after the fiduciary discovers that the grounds
for termination exist, the fiduciary shall file a petition requesting the court to terminate the estate.
Thereafter, if the fiduciary has not timely filed the petition, an interested person may file a
petition requesting the court to terminate the estate.
(c) Venue. The petition shall be filed in the court that has assumed jurisdiction over the fiduciary
estate or if jurisdiction has not been assumed, in the county in which any part of the property is
located, or where the fiduciary resides, is regularly employed, or maintains a place of business.
(d) Contents. The petition shall be signed and verified by the petitioner and shall contain the
(1) the petitioner's interest in the estate;
(2) the name and address of each interested person entitled to notice of the petition;
(3) a statement of facts establishing the grounds for termination; and
(4) documentation as set forth in this Rule.
(e) Documentation.
(1) Proof of age. If the cause for the termination of the guardianship of the property of a minor is
the attainment of the age of majority, the petitioner shall file with the petition a copy of the
minor person's birth certificate or other satisfactory proof of age.
(2) Marriage certificate. If the cause for the termination of the guardianship of the property of a
minor is emancipation because of the marriage of the minor person, the petitioner shall file with
the petition a copy of the marriage certificate.
(3) Medical certificate. If the cause for the termination of the guardianship of the property of a
disabled person is the cessation of the disability, the petitioner shall file with the petition a
certificate, signed by a physician who has examined the person within 21 days of the filing of the
petition, attesting to the cessation of the disability.
(4) Death certificate. If the cause for the termination of the guardianship of the property is the
death of the minor or disabled person, the petitioner shall file with the petition a copy of the
death certificate.
(f) Final accounting. If the petitioner is the fiduciary, the petitioner shall file with the petition a
final accounting containing the same information required in annual accountings by Rule 10-708,
together with the proposed final distribution of any remaining assets of the estate. The
accounting shall cover any period of the fiduciary's administration of the estate which has not
been covered by annual accountings previously filed in the proceedings. If the petitioner is not
the fiduciary, the fiduciary shall file an accounting as directed by the court.
Committee note. -- For the right of a guardian to pay from the guardianship estate all
commissions, fees, and expenses of the guardianship before the balance of the guardianship
estate is paid out to the personal representative or other person entitled to it, see Code, Estates
and Trusts Article, 13-214, which abrogates the ruling in Battley v. Banks, 177 Md. App. 638
(2007).
(g) Notice. The petitioner shall give notice of the filing of the petition to the persons named as
distributees in the proposed final distribution, to the other persons entitled to notice of annual
accounts, and to all other persons designated by the court. The notice shall consist of mailing by
ordinary mail a copy of the petition and a show cause order issued pursuant to Rule 10-104.
HISTORY: (Amended June 7, 2011, effective July 1, 201)

MARYLAND RULES
PROPERTY
Md. Rule 10-711 (2012)
Rule 10-711. Resignation of fiduciary and appointment of substituted or successor fiduciary
(a) Commencement of action. A fiduciary may file a petition to resign. The petition shall state
the reasons for the resignation and may request the appointment of a substituted or successor
fiduciary. When a fiduciary resigns, dies, is removed, or becomes otherwise incapable of filling
the position, and there is no substituted or successor fiduciary already named, the court may, on
its own initiative or on petition filed by any interested person, appoint a substituted or successor
fiduciary.
(b) Venue.
(1) Guardianships of the property. The petition to resign or to appoint a substituted or successor
fiduciary shall be filed in the court that has assumed jurisdiction over the guardianship. If
jurisdiction has not been assumed, the petition shall be filed pursuant to Rule 10-301 (b).
(2) Other fiduciary proceedings. The petition shall be filed in the court that has assumed
jurisdiction over the fiduciary estate, or if jurisdiction has not been assumed, in the county in
which the property is situated, or where the fiduciary resides, is regularly employed, or maintains
a place of business.
(c) Account of resigning fiduciary. The resigning fiduciary shall file with the petition an
accounting pursuant to Rule 10-706 for any period not covered in any annual accountings
previously filed, or, if none, from the date the fiduciary assumed the office.
In the case of an estate not previously subject to court jurisdiction, where all beneficiaries have
filed a waiver or where the court does not require an accounting, an accounting need not be filed.
(d) Notice. The petitioner shall give notice to those interested persons designated by the court by
mailing to them by ordinary mail a copy of the petition and a show cause order issued pursuant
to Rule 10-104.
(e) Termination of fiduciary's appointment. Resignation of a fiduciary does not terminate the
appointment of the fiduciary until the court enters an order accepting the resignation.
(f) Proceedings. The court may, and upon request shall, hold a hearing and shall grant or deny
the relief sought in the petition. Pending the appointment of the successor fiduciary, the court
may appoint a temporary fiduciary.
(g) Resignation of co-fiduciary. Unless otherwise ordered by the court, a co-fiduciary may resign
the office pursuant to this Rule. The resigning co-fiduciary shall turn over all property belonging
to the estate to the remaining co-fiduciary.
(h) Duty of personal representative of the estate of deceased fiduciary or guardian of disabled
fiduciary. Upon the death or disability of a fiduciary, the personal representative or the guardian
of the fiduciary, if any, shall, subject to order of court:
(1) Have the duty to protect all property belonging to the estate;
(2) Have the power to perform acts necessary for the protection of the estate;
(3) Immediately apply to the court for the appointment of a substituted or successor fiduciary;
(4) Upon appointment of a substituted or successor fiduciary have the duty to file an accounting
pursuant to Rule 10-708 and deliver any property of the estate to the substituted or successor
fiduciary.
Committee note. -- Code, Estates and Trusts Article, 13-220 (c) applies to deceased or disabled
guardians of the property; section (i) of this Rule applies to all deceased or disabled fiduciaries.
(i) Additional means of resignation. This Rule is in addition to, and not in lieu of, any other
procedure for the resignation or discharge of a fiduciary provided by law or by the instrument
creating the estate or appointing the fiduciary.
MARYLAND RULES
PROPERTY
Md. Rule 10-712 (2012)

(a) On court's initiative. The court that has already assumed jurisdiction over the guardianship
or estate may order a fiduciary to show cause why the fiduciary should not be removed or be
subject to other sanctions for failure to perform the duties of that office.
fiduciary. The petition shall state the reasons why the fiduciary should be removed.
(c) Venue.
(1) Guardianships of the property. The petition shall be filed in the court that has already
assumed jurisdiction or, if jurisdiction has not been assumed, pursuant to Rule 10-301 (b).
(2) Other fiduciary proceedings. The petition shall be filed in the court that has already assumed
jurisdiction or, if jurisdiction has not been assumed, in the county in which the property is
situated, or where the fiduciary resides, is regularly employed, or maintains a place of business.
(d) Notice and hearing. The court shall issue a show cause order pursuant to Rule 10-104 which
shall set a hearing date. If no petition for removal has been filed, the show cause order shall state
the grounds asserted by the court for the removal. The order and a copy of any petition shall be
served on the fiduciary, the surety on any bond of the fiduciary, all interested persons, and any
other persons as directed by the court. The court shall conduct a hearing for the purpose of
determining whether the fiduciary should be removed.
(e) Action by court. If the court finds grounds for removal, it may remove the fiduciary and
appoint a substituted or successor fiduciary as provided in Rule 10-711. Pending the appointment
of the fiduciary, the court may appoint a temporary fiduciary.
Cross references. -- As to the grounds for removal of a fiduciary, see Code, Estates and Trusts
Article, 15-112.
(f) Final accounting and delivery of property. Upon the appointment of a substituted or successor
fiduciary, the removed fiduciary shall, within the time period specified by the Court,
(1) file an accounting, pursuant to section (f) of Rule 10-710; and
(2) deliver any property of the fiduciary estate to the substituted or successor fiduciary.
(g) Other sanctions. In addition to or in lieu of removal, the court may disallow any commissions
from the time the court finds that the default began, require the fiduciary to perform the
neglected duties, and impose any other appropriate sanctions.
MARYLAND RULES
TITLE 11. JUVENILE CAUSES
Md. Rule 11-101 (2012)

a. Statutory definitions. The definitions stated in Section 3-801 of the Courts Article are
applicable to this Title.
Cross references. -- See 3-801 of the Courts Article for definitions of "adjudicatory hearing,"
"adult," "child," "child in need of assistance," "child in need of supervision," "citation,"
"commit," "court," "custodian," "delinquent act," "delinquent child," "detention," "disposition
hearing," "intake officer," "mentally handicapped child," "party," "shelter care," and "violation."
b. Additional definitions. The following words and phrases used in this Title are defined as
follows:
1. Complaint. "Complaint" means a written statement made by any person or agency to an intake
officer which, if true, would support the allegations of a juvenile petition.
2. Emergency detention or shelter care. "Emergency detention or shelter care" means detention
or shelter care that is required at a time other than when a judge of the court having jurisdiction
is available.
3. Juvenile petition. "Juvenile petition" means a petition filed pursuant to Section 3-810 of the
Courts Article.
4. Parent. "Parent" includes a child's parent, guardian and custodian.
5. Probation. "Probation" means a status created by a court order under which a child adjudicated
to be delinquent, or an adult convicted under Section 3-831 of the Courts Article, is to remain
subject to supervision of the Court under conditions the Court or the agency designated by it
deems proper, but is not removed from his home.
6. Respondent. "Respondent" means the person against whom a petition is filed.
7. Waiver petition. "Waiver petition" means a petition filed pursuant to Rule 11-113 (Waiver of
Jurisdiction).
1997.)
MARYLAND RULES
Md. Rule 11-102 (2012)
Rule 11-102. Complaint -- Intake procedures
a. Complaint. Any person or agency having knowledge of facts which may cause a person to
be subject to the jurisdiction of the court may file a complaint with the Juvenile Services Agency
intake officer assigned to the court having proper venue.
b. Intake procedures. The procedures for intake shall comply with provisions of Section 3-810 of
the Courts Article.
HISTORY: (Amended Nov. 5, 1976, effective Jan. 1, 1977; July 27, 1987, effective Aug. 17,
1987; June 5, 1996, effective Jan. 1, 1997.)
MARYLAND RULES
Md. Rule 11-102A (2012)
Rule 11-102A. Transfer of jurisdiction from court exercising criminal jurisdiction
a. Applicability. This Rule applies to actions for which a court exercising criminal jurisdiction
has entered an order transferring jurisdiction pursuant to Rule 4-251 (c) (2) or 4-252 (h) (3).
b. Juvenile petition. Within 10 days after a court exercising criminal jurisdiction enters an order
transferring jurisdiction over a defendant to the juvenile court, the State's Attorney shall file a
juvenile petition pursuant to Rule 11-103 and shall attach to the petition a copy of (1) the
charging document that was filed in the court exercising criminal jurisdiction and (2) the order of
the court transferring jurisdiction. If the petition is not so filed, the respondent shall be released
from detention, shelter care, or all conditions of pretrial release, without prejudice to the right of
the State's Attorney to file a petition thereafter.
c. Effect of provisions in order transferring jurisdiction. Except as provided in section b of this

Rule and subject to Rules 11-112 and 11-114, any conditions of release of the respondent or any
placement of the respondent in detention or shelter care set forth in the order transferring
jurisdiction shall remain in effect and be enforceable by the juvenile court pending the
adjudicatory hearing unless modified or abrogated by the juvenile court.
HISTORY: (Added Sept. 11, 1995, effective Jan. 1, 1996; amended June 5, 1996, effective Jan.
1, 1997; Jan. 8, 2002, effective Feb. 1, 2002.)
MARYLAND RULES
Md. Rule 11-103 (2012)
Rule 11-103. Juvenile petition
a. Form -- Contents. The juvenile petition shall be by the State of Maryland. It shall be in
writing and shall comply with the requirements of this Rule.
1. Caption. The petition shall be captioned "Matter of

........................."
2. Contents. The petition shall state:
(a) The respondent's name, address and date of birth. If the respondent is a child, it shall also
state the name and address of his parent.
(b) Allegations providing a basis for the court's assuming jurisdiction over the respondent (e.g.,
that the respondent child is delinquent, in need of supervision, or in need of assistance; that the
respondent adult violated Section 3-831 of the Courts Article; that the action arises under the
Interstate Compact on Juveniles; or that the action arises under the compulsory public school
attendance laws of this State).
(c) The facts, in clear and simple language, on which the allegations are based. If the
commission of one or more delinquent acts or crimes is alleged, the petition shall specify the
laws allegedly violated by the respondent.
(d) The name of each witness to be subpoenaed in support of the petition.
(e) Whether the respondent is in detention or shelter care; and if so, whether his parent has been
notified and the date such detention or shelter care commenced. (Amended Mar. 3, 1987,
3. Signature. Except in the case of a petition filed under the Interstate Compact on Juveniles, the
petition shall be signed by the State's Attorney if delinquency or a violation of Section 3-831 of
the Courts Article is alleged, or by the intake officer in other cases.
4. Interstate compact petitions. Juvenile petitions filed under Article IV of the Interstate Compact
on Juveniles (Code, Article 83C, 3-103) shall comply with the requirements of the Interstate
Compact and must be verified by affidavit.
b. Filing. The petition shall be filed with the clerk of the court, in a sufficient number of copies to
provide for service upon the parties.
HISTORY: (Amended Nov. 5, 1976, effective Jan. 1, 1977; June 5, 1996, effective Jan. 1, 1997;
May 9, 2000, effective July 1, 2000.)
MARYLAND RULES
Md. Rule 11-104 (2012)
Rule 11-104. Duties of clerk
a. Separate Docket. The clerk shall maintain a separate docket for Juvenile Causes. Upon the
filing of a juvenile petition, or a petition for continued detention or shelter care the name of each
respondent shall be entered on the docket and indexed.
b. Scheduling of Hearing. Upon the filing of a juvenile petition, or a petition for continued
detention or shelter care the clerk shall promptly schedule a hearing.
c. Process -- Issuance -- Service. Unless the court otherwise directs, upon the filing of a juvenile
petition, the clerk shall promptly issue a summons substantially in the form set forth in Form
904-S of the Appendix of Forms and returnable as provided by Rule 2-126 for each party except
the petitioner and a respondent child alleged to be in need of assistance. Any summons addressed
to a parent of a respondent child shall require the parent to produce the respondent child on the
date and time named in the summons.
The summons, together with a copy of the juvenile petition, shall be served in the manner
provided by Chapter 100 of Title 2 for service of process to obtain personal jurisdiction over a
person within this State.
If the parent of the child is a nonresident, or for any reason cannot be served, notice of the
pendency and nature of the proceeding shall be given as directed by the court, and proof of the
steps taken to give notice that justice shall require.
d. Subpoena. The clerk shall issue a subpoena for each witness requested by any party, pursuant
to Rule 2-510.
e. The summons, together with a copy of the juvenile petition, shall be served in the manner
provided by Chapter 100 of Title 2 for service of process to obtain personal jurisdiction over a
person within this State. The clerk shall accept for deposit security for the appearance of any
person subject to the court's original jurisdiction, in the form and amount that the court
determines.
f. List of Open Hearings. Prior to the convening of court on each day that the juvenile court is in
session, the clerk shall prepare and make available to the public a list of the hearings scheduled
for that day that are required by Code, Courts Article, 3-8A-13(f) to be conducted in open
court. The list shall include the full name of each respondent and the time and location of the
hearing.
HISTORY: (Amended Nov. 5, 1976, effective Jan. 1, 1977; Apr. 6, 1984, effective July 1, 1984;
June 5, 1996, effective Jan. 1, 1997; June 8, 1998, effective Oct. 1, 1998; Feb. 10, 2009, effective
May 1, 2009.)
MARYLAND RULES
Md. Rule 11-105 (2012)
Rule 11-105. Physical and mental examination
a. Examination procedure.
1. Order for examination. Any order for a physical or mental examination pursuant to Section 3-
818 of the Courts Article shall specify the time, place, manner, conditions and scope of the
examination and the person or persons by whom it is to be made. The court shall order that the
examination be conducted on an outpatient basis if, considering the child's condition, that is
feasible and appropriate. The order may regulate the filing of a report of findings and
conclusions and the testimony at a hearing by the examining physician, psychiatrist, psychologist
or other professionally qualified person, the payment of the expenses of the examination and any
other relevant matters. (Amended Nov. 5, 1976, effective Jan. 1, 1977; Apr. 18, 1980, effective
July 1, 1980.)
2. Service of copies of report. Copies of all studies and reports of examinations made to the court
under this Rule shall be furnished by the court to counsel for the parties when received by the
court, but not later than two days before any hearing at which the results of the examinations will
be offered in evidence.
b. Use of report. The report of examination is admissible in evidence as set forth in Section 3-
818 of the Courts Article.
c. Admissibility of testimony.
1. In delinquency and contributing cases. In delinquency cases and in cases in which an adult is
charged with a violation of Section 3-831 of the Courts Article, testimony concerning a study or
examination ordered under Section 3-818 of the Courts Article by persons who conducted the
study or examination is admissible
(i) at waiver and disposition hearings, and
(ii) at an adjudicatory hearing on the issues of a respondent's competence to participate in the

proceedings and his legal responsibility for his acts.
2. In all other cases. In all other cases, testimony concerning a study or examination ordered
under Section 3-818 of the Courts Article by persons who conducted the study or examination is
admissible at any hearing.
1997.)
MARYLAND RULES
Md. Rule 11-106 (2012)
Rule 11-106. Right to counsel
a. In all proceedings -- Appearance of out-of-state attorney. The respondent is entitled to be

represented in all proceedings under this Title by counsel retained by him, his parent, or
appointed pursuant to the provisions of subsection b 2 and 3 of this Rule. An out-of-state
attorney may enter his appearance and participate in a cause only after having been admitted in
accordance with Rule 14 of the Rules Governing Admission to the Bar of Maryland (Special
Admission of Out-of-State Attorneys). Once so admitted, his appearance and participation is
limited by the restrictions of that Rule.
Cross references. -- See Rule 14 of the Rules Governing Admission to the Bar of Maryland.
b. Waiver of representation -- Indigent cases -- Non-indigent cases.
1. Waiver procedure. If, after the filing of a juvenile petition, a respondent or his parent indicates
a desire or inclination to waive representation for himself, before permitting the waiver the court
shall determine, after appropriate questioning in open court and on the record, that the party fully
comprehends:
(i) the nature of the allegations and the proceedings, and the range of allowable dispositions;
(ii) that counsel may be of assistance in determining and presenting any defenses to the
allegations of the juvenile petition, or other mitigating circumstances;
(iii) that the right to counsel in a delinquency case, a child in need of supervision case, or a case
in which an adult is charged with a violation of Section 3-831 of the Courts Article includes the
right to the prompt assignment of an attorney, without charge to the party if he is financially
unable to obtain private counsel;
(iv) that even if the party intends not to contest the charge or proceeding, counsel may be of
substantial assistance in developing and presenting material which could affect the disposition;
and
(v) that among the party's rights at any hearing are the right to call witnesses in his behalf, the
right to confront and cross-examine witnesses, the right to obtain witnesses by compulsory
process, and the right to require proof of any charges.
2. Representation of indigents in delinquency, child in need of supervision, and contributing

cases.
(a) Unless knowingly and intelligently waived, and unless counsel is otherwise provided, an
indigent party, or an indigent child whose parents are either indigent or unwilling to employ
counsel, shall be entitled to be represented by the Office of the Public Defender in a delinquency
case, a child in need of supervision case, or a case in which an adult is charged with a violation
of Section 3-831 of the Courts Article, at any stage in a waiver, adjudicatory or disposition
hearing, or hearing under Rule 11-116 (Modification or Vacation of Order).
(b) Upon request or upon the court's own motion, the Office of the Public Defender shall
appoint, in a delinquency case, a child in need of supervision case, or a case in which an adult is
charged with a violation of Section 3-831 of the Courts Article, separate counsel to represent any
indigent party other than the child if the interests of the child and those of the party appear to
conflict, and if such counsel is necessary to meet the requirements of a fair hearing.
3. Child in need of assistance cases. A party in a child in need of assistance proceeding is entitled
to the assistance of counsel as provided in Section 3-821 of the Courts Article.
Cross references. -- See Appendix: The Maryland Lawyers' Rules of Professional Conduct, Rule
1.14 (Client with Diminished Capacity) and Appendix: Guidelines of Advocacy for Attorneys
Representing Children in CINA and Related TPR and Adoption Cases.
4. Non-indigent cases. Upon motion of any party or upon the court's motion, the court may
appoint an attorney to represent a child. Compensation for the services of the attorney may be
assessed against any party.
1978; July 16, 1992; June 5, 1996, effective Jan. 1, 1997; Mar. 5, 2001, effective July 1, 2001;
MARYLAND RULES
Md. Rule 11-107 (2012)
Rule 11-107. Responsive pleading or motion
a. Denial -- Admission -- Preliminary objection. A respondent may file a pleading denying or

admitting all or any facts alleged in the juvenile petition, or he may file a motion raising
preliminary objection. Any allegation not admitted is deemed denied. If a respondent fails to file
a pleading, his failure will be taken as a denial of the allegations in the petition.
b. Uncontested responsive pleading. If a respondent child has filed a pleading admitting the
allegations of the juvenile petition or indicates to the court his intention not to deny those
allegations, the court, before proceeding with an adjudicatory hearing, shall advise the child of
the nature and possible consequence of his action or intended action. The court shall neither
encourage or discourage the child with respect to his action or intended action, but shall ascertain
to its satisfaction that the child understands the nature and possible consequences of failing to
deny the allegations of the juvenile petition, and that he takes that action knowingly and
voluntarily. These proceedings shall take place in open court and shall be on the record. If the
respondent is an adult, the provisions of Title 4 shall apply.
June 5, 1996, effective Jan. 1, 1997.)
MARYLAND RULES
Md. Rule 11-108 (2012)

Rule 11-108. Amendment -- Continuance
a. Juvenile petition. A juvenile petition may be amended by or with the approval of the court at
any time prior to the conclusion of the adjudicatory hearing.
b. Other pleading. A pleading other than a juvenile petition may be amended with the approval of
the court at any time prior to the final disposition of that pleading.
c. Continuance. If a juvenile petition or other pleading is amended, the court shall grant the
parties such continuance as justice may require in light of the amendment.
1997.)
MARYLAND RULES
Md. Rule 11-109 (2012)
Rule 11-109. Discovery and inspection
a. Delinquency and contributing cases.
1. Definition of "State" and "Respondent." In this section, "State" means the State's Attorney,
and "Respondent" includes his counsel where appropriate.
2. Scope of section. This section applies to proceedings in which by petition, a child is alleged to
be delinquent, or an adult is alleged to have violated Section 3-831 of the Courts Article.
3. Discovery by the respondent. The State shall without the necessity of a request by the
respondent, furnish to the Respondent:
(a) any material or information within the knowledge, possession or control of the State which
tends to negate the involvement of the respondent as to the offense charged;
(b) any relevant material or information regarding
(1) specific searches and seizures;
(2) wiretaps and eavesdropping.
(3) the acquisition of statements made by the respondent; and
(4) prehearing identification of the respondent by a witness for the State;
(c) the name and address of each person whom the State intends to call as a witness at any
hearing to prove its case in chief or to rebut alibi testimony to the extent then known;
(d) as to all statements made by the respondent to a State agent which the State intends to use at
a hearing:
(1) a copy of each written or recorded statement; and
(2) the substance of each oral statement and a copy of all reports of each oral statement;
(e) as to all statements made by a co-respondent to a State agent which the State intends to use at
a hearing, unless a severance has been ordered by the court:
(1) a copy of each written or recorded statement; and
(2) the substance of each oral statement and a copy of all reports of each oral statement;
(f) any written report or statement made in connection with the particular case by each expert
consulted by the State, if the State intends to offer the testimony of the expert or the report at any
hearing, including the written substance of any oral report and conclusion made in connection
with the particular case by each expert consulted by the State and the results of any physical or
mental examination, scientific test, experiment or comparison;
(g) any book, paper, document, recording, photograph and any tangible object which the State
intends to use at any hearing, in order to permit the respondent to inspect, copy and photograph
them; and
(h) any item obtained from or belonging to the respondent which the State intends to use at any
hearing, in order to permit the respondent to inspect, copy and photograph it.
(i) The State's Attorney's obligations under this section extend to material and information in the
possession or control of members of his staff and of any others who have participated in the
investigation or evaluation of the case and who either regularly report or with reference to the
particular case have reported to his office.
4. Compliance by the State. Subject to the provisions of subsections 8 and 9 of this section, the
State may comply with subsection 3 of this section by advising the respondent in writing or on
the record, that the respondent may inspect the entire file of the State and by allowing such
inspection to occur at any time during normal business hours. However, if the State has any
exculpatory information specified in subsection 3 (a) of this Rule, the State shall promptly
furnish such information to the respondent, whether or not the respondent has made the
inspection provided for by that subsection.
5. Matters not subject to discovery by respondent. This section does not require the State to
disclose:
(a) any documents to the extent that they contain the opinions, theories, conclusions, or other
work product of the State,
(b) the identity of a confidential informant, so long as the failure to disclose the informant's
identity does not infringe on a constitutional right of the respondent, and the State does not
intend to call the informant as a witness; and
(c) any matter which the court, under subsection 9 of this section, orders need not be disclosed.
6. Discovery by the State. Upon the request of the State, the respondent shall:
(a) appear in a lineup for identification;
(b) speak for identification;
(c) be fingerprinted;
(d) pose for photographs not involving reenactment of a scene;
(e) try on articles of clothing;
(f) permit the taking of specimens of material under his fingernails;
(g) permit the taking from his body of samples of blood, hair, and other material involving no
unreasonable intrusion upon his person;
(h) provide specimens of his handwriting;
(i) submit to reasonable physical inspection of his body or mental examination;
(j) produce and permit the State to inspect and copy all written reports made in connection with
the particular case by each expert who the respondent intends to call as a witness at the hearing,
including the substance of any oral report and conclusion made in connection with the particular
case by an expert which the respondent intends to use at the hearing and the results of any
physical or mental examination, scientific test, experiment, or comparison;
(k) furnish, upon designation by the State of the time, place and date of the alleged occurrence,
the name and address of each witness other than the respondent whom the respondent intends to
call as a witness to show he was not present at the time, place and date designated by the State in
its request.
7. Procedure for discovery -- Time -- Hearing on motion to compel. The State shall make the
disclosure required under subsection 3 of this section, and shall request the discovery required
under subsection 6 of this section, within five days after the earlier of the appearance of counsel,
or the waiver of counsel under Rule 11-106. The respondent shall furnish the discovery required
under this section within ten days after a request is made. The court, for good cause shown, may
extend the time for discovery.
If discovery is not furnished as required, a motion to compel discovery may be filed which shall
specify the items which have not been furnished. A hearing shall be held no later than three days
after the motion is filed.
8. Continuing duty to disclose. If, subsequent to compliance with a request made under this Rule
or with any order compelling discovery, a party learns of additional information previously
requested and required to be furnished, he shall promptly furnish the information to the other
party or his counsel. If the additional information is learned during a hearing, he shall, in
addition to furnishing the information promptly to the other party or his counsel, notify the court
that such matter is being furnished.
9. Protective orders. Upon motion and a showing of good cause, the court may order that
specified disclosures be restricted. If, at any time during the proceedings, it is brought to the
attention of the court that a party has failed to comply with this section or an order issued under
this section, the court may:
(a) order such party to permit the discovery of the matters not previously disclosed;
(b) strike the testimony to which the undisclosed matter relates;
(c) grant a reasonable continuance;
(d) prohibit the party from introducing in evidence the matter not disclosed;
(e) grant a mistrial; or
(f) enter such other order as may be appropriate under the circumstances.
b. All other cases. In any proceeding in which a child is alleged to be in need of supervision or
assistance, the court may, upon good cause shown, pass such orders in aid of discovery, and
inspection of evidence as justice may require.
c. Timely disclosure required. All matters and information to which a party is entitled must be
disclosed in time to permit its beneficial use.
1, 1997.)
MARYLAND RULES
Md. Rule 11-110 (2012)
Rule 11-110. Hearings -- Generally

a. Before master or judge -- Proceedings recorded. Hearings shall be conducted before a master
or a judge without a jury. Proceedings shall be recorded by stenographic notes or by electronic,
mechanical or other appropriate means.
b. Place of hearing. A hearing may be conducted in open court, in chambers, or elsewhere where
appropriate facilities are available. The hearing may be adjourned from time to time and, except
as otherwise required by Code, Courts Article, 3-812, may be conducted out of the presence of
all persons except those whose presence is necessary or desirable. If the court finds that it is in
the best interest of a child who is the subject of the proceeding, the presence of the child may be
temporarily excluded except when the child is alleged to have committed a delinquent act.
c. Minimum five-day notice of hearing -- Service -- Exception. Except in the case of a hearing on
a petition for continued detention or shelter care pursuant to Rule 11-112 (Detention or Shelter
Care), the clerk shall issue a notice of the time, place and purpose of any hearing scheduled
pursuant to the provisions of this Title. This notice shall be served on all parties together with a
copy of the petition or other pleading if any, in the manner provided by section c of Rule 11-104
(Duties of Clerk) at least five days prior to the hearing.
d. Multiple petitions.
1. Individual hearings. If two or more juvenile petitions are filed against a respondent, hearings
on the juvenile petitions may be consolidated or severed as justice may require.
2. Consolidation. Hearings on juvenile petitions filed against more than one respondent arising
out of the same incident or conditions, may be consolidated or severed as justice may require.
However, (i) if prejudice may result to any respondent from a consolidation, the hearing on the
juvenile petition against the respondent shall be severed and conducted separately; and (ii) if
juvenile petitions are filed against a child and an adult, the hearing on the juvenile petition filed
against the child shall be severed and conducted separately from the adult proceeding.
e. Controlling conduct of person before the court.
1. Sua sponte or on application. The court, upon its own motion or on application of any person,
institution, or agency having supervision or custody of, or other interest in a respondent child,
may direct, restrain or otherwise control the conduct of any person properly before the court in
accordance with the provisions of Section 3-827 of the Courts Article.
2. Other remedies. Title 15, Chapter 200 of these Rules is applicable to juvenile causes, and the
remedies provided therein are in addition to the procedures and remedies provided by subsection
1 of this section.
June 8, 1998, effective Oct. 1, 1998.)
MARYLAND RULES
Md. Rule 11-111 (2012)
Rule 11-111. Masters
a. Authority.
1. Detention or shelter care. A master is authorized to order detention or shelter care in

accordance with Rule 11-112 (Detention or Shelter Care) subject to an immediate review by a
judge if requested by any party.
2. Other matters. A master is authorized to hear any cases and matters assigned to him by the
court, except a hearing on a waiver petition. The findings, conclusions and recommendations of a
master do not constitute orders or final action of the court.
b. Report to the court. Within ten days following the conclusion of a disposition hearing by a
master, he shall transmit to the judge the entire file in the case, together with a written report of
his proposed findings of fact, conclusions of law, recommendations and proposed orders with
respect to adjudication and disposition. A copy of his report and proposed order shall be served
upon each party as provided by Rule 1-321.
c. Review by court if exceptions filed. Any party may file exceptions to the master's proposed
findings, conclusions, recommendations or proposed orders. Exceptions shall be in writing, filed
with the clerk within five days after the master's report is served upon the party, and shall specify
those items to which the party excepts, and whether the hearing is to be de novo or on the record.
Upon the filing of exceptions, a prompt hearing shall be scheduled on the exceptions. An
excepting party other than the State may elect a hearing de novo or a hearing on the record. If the
State is the excepting party, the hearing shall be on the record, supplemented by such additional
evidence as the judge considers relevant and to which the parties raise no objection. In either
case the hearing shall be limited to those matters to which exceptions have been taken.
d. Review by court in absence of exceptions. In the absence of timely and proper exceptions, the
master's proposed findings of fact, conclusions of law and recommendations may be adopted by
the court and the proposed or other appropriate orders may be entered based on them. The court
may remand the case to the master for further hearing, or may, on its own motion, schedule and
conduct a further hearing supplemented by such additional evidence as the court considers
relevant and to which the parties raise no objection. Action by the court under this section shall
be taken within two days after the expiration of the time for filing exceptions.
June 5, 1996, effective Jan. 1, 1997.)
MARYLAND RULES
Md. Rule 11-112 (2012)
Rule 11-112. Detention or shelter care
a. Emergency detention or shelter care.
1. Authority. The court or an intake officer may authorize emergency detention or shelter care of
a child taken into custody in accordance with Section 3-815 (b) of the Courts Article.
2. Report to court -- Petition for continued detention or shelter care. If a child is placed in
emergency detention or shelter care, the intake officer shall, on the next day the court is sitting:
(i) report that fact to the court, together with the circumstances that led to the child being placed
in emergency detention or shelter care; and
(ii) if continued detention or shelter care is sought, file a petition for continued detention or
shelter care showing cause why continued detention or shelter care is warranted.
3. Hearing. If a petition for continued detention or shelter care is filed pursuant to this Rule, a
hearing shall be held on the day the petition is filed and the respondent shall be brought to court
for the hearing. The hearing may be postponed or continued by the court for good cause shown,
but it may not be postponed for more than eight days following the commencement of
respondent's emergency detention or shelter care. Reasonable notice of the date and time of the
hearing shall be given to the respondent, and if possible to his parent and his counsel, if known.
b. Continued detention or shelter care pending adjudication or waiver.
1. Finding. Detention or shelter care may not be continued beyond emergency detention or
shelter care unless after a hearing the court finds that one or more of the circumstances stated in
Section 3-815 (b) of the Courts Article exists.
2. Maximum period of detention or shelter care. Continued detention or shelter care pending the
adjudicatory or waiver hearing may not be ordered for a period of more than thirty days.
c. Continued detention or shelter care after waiver or adjudicatory hearing. The court may, on
petition or of its own motion, continue detention or shelter care for a period not longer than thirty
days after a denial of a petition for waiver or an adjudicatory hearing.
d. Title 5 not applicable. Title 5 of these rules does not apply to detention or shelter care
hearings.
MARYLAND RULES
Md. Rule 11-113 (2012)
Rule 11-113. Waiver of jurisdiction
a. Initiating waiver.
1. On the court's own motion. Upon the filing of a juvenile petition alleging delinquency the
court may on its own motion waive its exclusive original jurisdiction so that the respondent may
be tried in the criminal court.
2. Petition by State's Attorney -- Requirements. The State's Attorney may file a petition
requesting the court to waive its exclusive jurisdiction over a juvenile respondent alleged to be
delinquent. The petition shall:
(i) be filed with or after the filing of a juvenile petition, but before the commencement of an
adjudicatory hearing;
(ii) comply with the provisions of Section 3-817 (a) of the Courts Article; and
(iii) state in clear, concise and specific language the reasons why the State's Attorney requests
the waiver, taking into account the factors required to be considered by the court under Section
3-817 (c) and (d) of the Courts Article.
b. Investigation. Upon the filing of a waiver petition, the court shall order that a waiver
investigation be made. The report of the waiver investigation shall include all social records that
are to be made available to the court at the waiver hearing, and a copy of the report shall be
served upon counsel for the parties at least two days before the hearing.
c. Hearing.
1. Hearing required -- Exceptions. Except as provided by sections e and f of this Rule, the court
may not waive its jurisdiction without first conducting a waiver hearing.
2. Time of hearing. The hearing shall take place
(i) after notice has been given pursuant to Rule 11-110 (Hearings -- Generally).
(ii) prior to the commencement of an adjudicatory hearing.
3. Purpose of hearing. A waiver hearing is for the sole purpose of determining whether the court
should waive its jurisdiction. The court shall assume, for purposes of that determination, that the
respondent committed the delinquent act or crime alleged in the juvenile petition.
d. Consideration in determining waiver. In determining whether to waive its jurisdiction, the

court shall comply with the provisions of Section 3-817 (c), (d), and (e) of the Courts Article. In
the interest of justice, the court may decline to require strict application of the rules in Title 5,
except those relating to the competency of witnesses.
e. Summary review. If the court has once waived its jurisdiction with respect to a respondent
who again comes before the court on a juvenile petition alleging delinquency, the court, on its
motion or on a waiver petition filed by the State's Attorney, may waive its jurisdiction in the
subsequent proceeding after summary review and without a hearing.
f. Adult respondent. Jurisdiction over an adult respondent charged under Section 3-831 of the
Courts Article shall be waived by the court upon the motion of the State's Attorney or the adult
respondent. Jurisdiction may be waived by the court upon its own initiative or after a hearing
upon the motion of any party, if charges against the adult respondent arising out of the same
incident are pending in the criminal court.
g. Order.
1. Jurisdiction waived. If the court concludes that its jurisdiction should be waived, it shall:
(a) state the grounds for its decision on the record or in a written memorandum filed with the
clerk.
(b) enter an order:
(i) waiving its jurisdiction and ordering the respondent held for trial under the appropriate
criminal procedure;
(ii) placing the respondent in the custody of the sheriff or other appropriate officer in an adult
detention facility pending a pretrial release hearing pursuant to Rule 4-222.
2. Juvenile petition a charging document pending bail hearing. The juvenile petition shall be
considered a charging document for the purpose of detaining the respondent pending a bail
hearing.
3. True copies to be furnished appropriate officer. A true copy of the juvenile petition and of the
court's signed order shall be furnished forthwith by the clerk to the appropriate officer pending a
bail hearing.
h. Effect of appeal. Deleted Mar. 3, 1987, effective July 1, 1987.
Mar. 3, 1987, effective July 1, 1987; Dec. 15, 1993, effective July 1, 1994; June 5, 1996,
effective Jan. 1, 1997; Oct. 5, 1999.)
MARYLAND RULES
Md. Rule 11-114 (2012)

Rule 11-114. Adjudicatory hearing
a. Requirement. After a juvenile petition has been filed, and unless jurisdiction has been
waived, the court shall hold an adjudicatory hearing.
b. Scheduling of hearing.
1. Adjudicatory hearing. An adjudicatory hearing shall be held within sixty days after the
juvenile petition is served on the respondent unless a waiver petition is filed, in which case an
adjudicatory hearing shall be held within thirty days after the court's decision to retain
jurisdiction at the conclusion of the waiver hearing. However, upon motion made on the record
within these time limits by the petitioner or the respondent, the administrative judge of the
county or a judge designated by him, for extraordinary cause shown, may extend the time within
which the adjudicatory hearing may be held. The judge shall state on the record the cause which
requires an extension and specify the number of days of the extension.
2. Prehearing detention or shelter care. If the respondent is in detention or shelter care, the
adjudicatory hearing shall be held within thirty days from the date on which the court ordered
continued detention or shelter care. If an adjudicatory hearing is not held within thirty days, the
respondent shall be released on the conditions imposed by the court pending an adjudicatory
hearing, which hearing shall be held within the time limits set forth in subsection 1 of this
section.
c. Presentation of evidence. If the juvenile petition alleges delinquency, the State's Attorney shall
present the evidence in support of it unless excused by the court. In all other cases the
appropriate governmental or social agency or other persons authorized by the court shall present
the evidence.
d. Respondent's right to remain silent. A respondent may remain silent as of right during an
adjudicatory hearing on an allegation of delinquency and in all other cases where permitted on
constitutional grounds; and the respondent shall be advised of this right by the court.
e. Evidence -- Proof of allegations of petition.
1. Petition alleging delinquency. The allegations of a juvenile petition that the respondent has
committed a delinquent act must be proved beyond a reasonable doubt. An uncorroborated extra
judicial confession is not sufficient to establish that the respondent committed the delinquent act.
2. Petition alleging contributing. The allegations of a juvenile petition that an adult respondent
violated Section 3-831 of the Courts Article must be proved beyond a reasonable doubt.
3. Other cases. All other allegations of a juvenile petition must be proved by a preponderance of
the evidence.
f. Adjudication -- Finding -- Adjudicatory order. If the hearing is conducted by a judge, at its

conclusion, he shall announce and dictate to the court stenographer or reporter, or prepare and
file with the clerk, an adjudicatory order stating the grounds upon which he bases his
adjudication. If the hearing is conducted by a master, the procedures set forth in Rule 11-111
(Masters) shall be followed.
MARYLAND RULES
Md. Rule 11-115 (2012)
Rule 11-115. Disposition hearing
a. Hearing -- Scheduling. If after an adjudicatory hearing the court determines that the
allegations of the petition at issue in the adjudicatory hearing have been sustained, it shall
promptly schedule a separate disposition hearing. The disposition hearing shall be held no later
than thirty days after the conclusion of the adjudicatory hearing.
b. Disposition -- Judge or master. The disposition made by the court shall be in accordance with
Section 3-820 (b) of the Courts Article. If the disposition hearing is conducted by a judge, and
his order includes placement of the child outside the home, the judge shall announce in open
court and shall prepare and file with the clerk, a statement of the reasons for the placement. If the
hearing is conducted by a master, the procedures of Rule 11-111 shall be followed. In the interest
of justice, the judge or master may decline to require strict application of the rules in Title 5,
except those relating to the competency of witnesses. A commitment recommended by a master
is subject to approval by the court in accordance with Rule 11-111, but may be implemented in
advance of court approval.
c. Placement in a State mental hospital.
1. Standard for commitment. A court may not commit a child to the Department of Health and
Mental Hygiene for inpatient care and treatment at a State mental hospital unless the court finds
that
(a) the child has a mental disorder, and
(b) the child needs inpatient care and treatment for the protection of himself or others, and
(c) the child is unable or unwilling to be voluntarily admitted to such hospital, and
(d) there is no less restrictive form of intervention available which is consistent with the child's
condition and welfare.
2. Order for evaluation. If the court has reason to believe that a child should be committed to the
Department of Health and Mental Hygiene for inpatient care and treatment at a State mental
hospital, it shall order that the child be evaluated, pursuant to Section 3-818 of the Courts Article
and Rule 11-105. The order shall require the agency conducting the evaluation to submit a
written report setting forth its findings regarding
(a) the extent to which the standard for commitment set forth in subsection c 1 of this Rule is
met,
(b) the bases for these findings,
(c) its recommended disposition, and
(d) the reasons for its recommended disposition.
The evaluation shall be conducted on an outpatient basis if, considering the child's condition, that
is feasible and appropriate. Where an inpatient evaluation is necessary, the court may authorize
the admission of the child to a State mental hospital for a period not to exceed 30 days for the
purpose of the evaluation.
3. Modification or vacation of commitment order.
(a) Periodic review. A commitment order issued under section b of this Rule shall require the
Department or the hospital to file progress reports with the court at six-month intervals
throughout the commitment. The report shall comply with the requirements of an evaluation
report under subsection c 2 of this Rule. A copy of each report shall be given to the child's
attorney of record. The court shall review each report promptly and consider whether the
commitment order should be modified or vacated. Upon the request of any party, the
Department, or the hospital, or upon its own motion, the court shall grant a hearing for the
purpose of hearing testimony pertinent to its review.
(b) Other review. In addition to the periodic review provided for in subsection c 3 (a) of this
Rule, the court may at any time upon the petition of any party, the Department, or the hospital, or
upon its own motion, modify or vacate its order, provided that the court may not modify or
vacate its order without notice and opportunity for hearing.
d. Commitment to Department of Social Services. In cases in which a child is committed to a

local department of social services for placement outside the child's home, the court, within 18
months after the original placement and periodically thereafter at intervals not greater than 18
months, shall conduct a review hearing to determine whether and under what circumstances the
child's commitment to the local department of social services should continue. Considerations
pertinent to the determination include whether the child should (1) be returned home, (2) be
continued in foster care for a specified period, (3) be placed for adoption, or (4) because of the
child's special needs or circumstances, be continued in foster care on a permanent or long-term
basis. The hearing shall be conducted as prescribed in Rule 11-110 or, if conducted by a master,
as prescribed in Rule 11-111, except that the child's presence shall not be required if presence at
the hearing is likely to cause serious physical, mental, or emotional harm to the child.
1980; June 23, 1983, effective July 1, 1983; Dec. 15, 1993, effective July 1, 1994; June 5, 1996,
MARYLAND RULES
Md. Rule 11-116 (2012)
Rule 11-116. Modification or vacation of order
a. Revisory power. An order of the court may be modified or vacated if the court finds that
action to be in the best interest of the child or the public, except in cases involving commitment
of a child to the Department of Health and Mental Hygiene for placement in a State mental
hospital. In cases involving such commitment the court shall proceed as provided in Rule 11-
115. (Amended Nov. 7, 1976, effective Jan. 1, 1997; Apr. 18, 1980, effective July 1, 1980.)
b. Sua sponte or on petition. The court may proceed under section a of this Rule on its own
motion, or on the petition of any party or other person, institution or agency having supervision
or custody of the respondent, setting forth in concise terms the grounds upon which the relief is
requested. If the court proceeds on its own motion, the order shall set forth the grounds on which
it is based.
c. Hearing -- When required. If the relief sought under section a of this Rule is for revocation of
probation and for the commitment of a respondent, the court shall pass an order to show cause
why the relief should not be granted and setting a date and time for a hearing. The clerk shall
cause a copy of the petition and Show Cause Order to be served upon the parties. In all other
cases, the court may grant or deny the relief, in whole or in part, without a hearing.
d. Conduct of hearing. In the interest of justice, at any hearing held pursuant to this Rule the
court may decline to require strict application of the rules in Title 5, except those relating to the
competency of witnesses.
MARYLAND RULES
Md. Rule 11-117 (2012)
Rule 11-117. Custody -- Appointment of guardian -- Pending support proceedings
a. Custody -- Appointment of guardian of the person. The court shall determine the custody or
appoint a guardian of the person of a child only if the question arises in connection with a matter
which is within its exclusive jurisdiction under Sections 3-804 and 3-805 (a) of the Courts
Article, and the determination of the question is necessary to make an appropriate disposition.
b. Pending support proceedings. The court shall give due consideration to orders or proceedings
pertaining to custody or support issued by or pending in other courts. However, this shall not
affect the court's authority to detain, commit, or place in shelter care a child under its
jurisdiction, or to exercise its authority in accordance with Sections 3-827 and 3-830 of the
Courts Article.
1997.)
MARYLAND RULES
Md. Rule 11-118 (2012)
Rule 11-118. Parents' liability -- Hearing -- Recording and effect
a. Hearing. If, at any stage of a proceeding, the court believes a respondent has committed acts
for which the respondent's parent or parents may be liable under Code, Criminal Law Article,
4-503, 9-504, or 9-505 or Code, Criminal Procedure Article, 11-607(b), the court shall
summon the parent or parents in the manner provided by Chapter 100 of Title 2 for service of
process to obtain personal jurisdiction over a person to appear at a hearing to determine liability.
This hearing may be conducted contemporaneously with a disposition hearing, if appropriate.
b. Recording. Recordation of a judgment of restitution shall be governed by Code, Criminal

Procedure Article, 11-608.
June 5, 1996, effective Jan. 1, 1997; June 8, 1998, effective Oct. 1, 1998; Oct. 5, 1999; Jan. 8,
2002, effective Feb. 1, 2002; Oct. 31, 2002, effective Jan. 1, 2003.)
MARYLAND RULES
Md. Rule 11-119 (2012)
Rule 11-119. Disposition of property brought into court
Property brought into court shall be returned to the owner, or otherwise disposed of as the
court may direct.
1997.)
MARYLAND RULES
Md. Rule 11-120 (2012)
Rule 11-120. Final order of termination
A final order of termination of the proceedings may, in the court's discretion, be entered on the
court's own motion at any time after the court's jurisdiction over the respondent is terminated, or
upon the recommendation of the appropriate governmental or social agency exercising
supervision over the respondent.
1997.)
MARYLAND RULES
Md. Rule 11-121 (2012)
Rule 11-121. Court records -- Confidentiality
a. Sealing of records. Files and records of the court in juvenile proceedings, including the
docket entries and indices, are confidential and shall not be open to inspection except by order of
the court or as otherwise expressly provided by law. On termination of the court's juvenile
jurisdiction, the files and records shall be sealed pursuant to Section 3-828 (c) of the Courts
Article, and all index references shall be marked "sealed." If a hearing is open to the public
pursuant to Code, Courts Article, 3-812, the name of the respondent and the date, time, and
location of the hearing are not confidential.
b. Unsealing of records. Sealed files and records of the court in juvenile proceedings may be
unsealed and inspected only by order of the court.
June 8, 1998, effective October 1, 1998.)
MARYLAND RULES
Md. Rule 11-122 (2012)
a. Of right. Upon timely application, any parent not served with original process shall be
permitted to intervene for any purpose.
Cross references. -- Rule 11-101 b 4.

b. Permissive. Upon timely application, any person, other than a parent, seeking custody or
guardianship of the respondent child may be permitted to intervene for dispositional purposes
only, including the filing of a petition to review, modify or vacate a disposition order. Any
person permitted to intervene pursuant to this section shall not be deemed a "party" for the
purposes of Rule 11-106, and for the purposes of Rule 11-105, counsel for the intervenor, upon
request, shall only be entitled to be furnished copies of such studies and reports as directly relate
to the intervenor's petition for custody or guardianship of the respondent child.
c. Procedure.
1. Motion. An application to intervene shall be made by motion. If the applicant claims a right of
intervention under section a of this Rule, the motion shall be accompanied by an affidavit
showing that the applicant is a parent of the respondent child.
2. Leave of court. Leave to intervene shall be granted only by court order. When intervention is
pursuant to section b of this Rule the order shall designate the intervenor as a defendant for
dispositional purposes only.
3. Service. A copy of the motion, the affidavit, any order thereon, and any pleading filed by the
intervenor shall be served as provided by Rule 1-321.
HISTORY: (Added Nov. 8, 1982, effective Jan. 1, 1983; amended Apr. 6, 1984, effective July
1, 1984; June 5, 1996, effective Jan. 1, 1997.)
MARYLAND RULES
Md. Rule 11-501 (2012)
Rule 11-501. Termination of parental rights and related adoption proceedings in the juvenile
court
(a) Applicability of Rule. This Rule applies to actions in which the juvenile court is exercising
jurisdiction pursuant to Code, Courts Article, 3-804 (a) (2).
(b) Definition. The word "guardianship" as used in this Rule has the meaning stated in Code,
Family Law Article, 5-301.
(c) Applicability of Titles 1, 2, 5, and 9. The Rules in Titles 1, 2, and 5 and Chapter 100 of Title
9 apply to actions under this Rule, except as otherwise provided by law or ordered by the court.
(d) Petition. A proceeding for adoption or guardianship shall be initiated by the filing of a
petition in a new action, separate from any other proceedings involving the child who is the
subject of the adoption or guardianship proceeding. In addition to complying with the
requirements of Rule 9-103, the petition shall state the basis for the juvenile court's jurisdiction
and the name of the court and case number of the proceeding in which the child was adjudicated
a child in need of assistance.
(e) Consolidation. A proceeding for adoption or guardianship may be consolidated with, or
severed from, any other case pending in the juvenile court involving the child who is the subject
of the proceeding, as justice may require.
(f) Hearing -- Before whom held. All hearings conducted pursuant to this Rule shall be held
before a judge.
(g) Judgments of adoption -- Recording and indexing. The clerk shall record and index each
judgment of adoption entered by the juvenile court on or after October 1, 1996 in the adoption
records of the circuit court for the county where the judgment was entered.
MARYLAND RULES
Md. Rule 11-601 (2012)
Rule 11-601. Expungement of criminal charges transferred to the juvenile court
(a) Procedure. A petition for expungement of records may be filed by a respondent who is
eligible under Code, Criminal Procedure Article, 10-106 to request expungement. Proceedings
for expungement shall be in accordance with Title 4, Chapter 500 of these Rules, except that the
petition shall be filed in the juvenile court and shall be substantially in the form set forth in
section (b) of this Rule.
(b) Form of petition. A petition for expungement of records under this Rule shall be substantially
in the following form:
(Caption)
PETITION FOR EXPUNGEMENT OF RECORDS
(Code*, Criminal Procedure Article, 10-106)
1. On or about , I was
arrested by an officer of the
at , Maryland, as a result of the following incident
2. I was charged with the offense of

.
3. The charge was transferred to the juvenile court under former Code*,
Article 27, 594A or Code*, Criminal Procedure Article, 4-202 and (check
one of the following boxes):
[] No petition under Code*, Courts Article, 3-810 was filed;
[] The decision on the juvenile petition was a finding of

facts-not-sustained; or
[] I was adjudicated delinquent and I am now at least 21 years of age.
WHEREFORE, I request the Court to enter an Order for Expungement of all

police and court records pertaining to the above arrest, detention,
confinement, and charges.
Petition are true to the best of my knowledge, information and belief, and
that the charge to which this Petition relates was not made for any
nonincarcerable violation of the Vehicle Laws of the State of Maryland, or any
traffic law, ordinance, or regulation, nor is it part of a unit the
expungement of which is precluded under Code*, Criminal Procedure Article,
10-107.
(Date) Signature
(Address)
(Telephone No.)
* References to "Code" in this Petition are to the Annotated Code of Maryland.
HISTORY: (Added June 8, 1998, effective Oct. 1, 1998; amended Jan. 20, 1999, effective July
MARYLAND RULES
TITLE 12. PROPERTY ACTIONS
Md. Rule 12-101 (2012)
Rule 12-101. Writ of survey
(a) Availability. On motion of a party in an action involving real property, the court may issue
a writ of survey if it finds that a plat is necessary for illustration or that one of the following
matters is in dispute: (1) the location of the property in dispute; (2) the location or extent of any
property claimed to be damaged; or (3) the location of a dividing line if the parties are claiming
under the same title. The motion shall contain a description sufficient to locate the property that
is the subject of the claim. The court may condition issuance of the writ on the deposit by the
moving party of the estimated cost of executing the writ.
(b) Survey. A writ of survey shall be issued to a surveyor designated by the court. The surveyor
shall survey the property in accordance with the writ.
(c) Plat. The surveyor shall file the original and three copies of each plat with the clerk. Upon
receiving payment of reasonable charges, the surveyor shall furnish a copy to any party.
MARYLAND RULES
Md. Rule 12-102 (2012)
Rule 12-102. Lis pendens
(a) Scope. This Rule applies to an action filed in a circuit court or in the United States District
Court for the District of Maryland that affects title to or a leasehold interest in real property
located in this State.
(b) Creation -- Constructive notice. In an action to which the doctrine of lis pendens applies, the
filing of the complaint is constructive notice of the lis pendens as to real property in the county in
which the complaint is filed. In any other county, there is constructive notice only after the party
seeking the lis pendens files either a certified copy of the complaint or a notice giving rise to the
lis pendens, with the clerk in the other county.
(c) Termination.
(1) While action is pending. On motion of a person in interest and for good cause, the court in
the county in which the action is pending may enter an order terminating the lis pendens in that
county or any other county in which the lis pendens has been created.
(2) Upon conclusion of action. If (A) the action is dismissed, or (B) judgment is entered in favor
of the defendant and a timely appeal is not taken or the judgment is affirmed on appeal, or (C)
judgment in favor of the plaintiff is reversed on appeal, vacated, or satisfied, the plaintiff shall
file a certified copy of the appropriate docket entry with the clerk in each county in which a
certified copy of the complaint or notice was filed pursuant to section (b) of this Rule. If the
plaintiff fails to comply with this subsection, the court with jurisdiction over the action, on
motion of any person in interest and upon such notice as the court deems appropriate in the
circumstances, may enter an order terminating the lis pendens. In the order terminating the lis
pendens, the court shall direct the plaintiff to pay the costs and expenses incurred by the person
obtaining the order, including reasonable attorney's fees, unless the court finds that the plaintiff
had a reason justifying the failure to comply.
(3) Duty of clerk. Upon entry of an order terminating a lis pendens, the clerk of the court of entry
shall transmit a certified copy of the order to the clerk in any other county specified in the order.
MARYLAND RULES
Md. Rule 12-103 (2012)
Rule 12-103. Action for release of lien instrument
When a mortgage or deed of trust remains unreleased of record, the mortgagor, grantor, or a
successor in interest entitled by law to a release may file a complaint for release of the lien
instrument in any county where the lien instrument is recorded. The person bringing the action
shall include as defendants all other parties to the instrument unless their interest has been
assigned or transferred of record, and in that case their successors in interest. If the court orders
the lien instrument released of record, the clerk shall record the release in the manner prescribed
by law.

MARYLAND RULES
CHAPTER 200. CONDEMNATION
Md. Rule 12-201 (2012)
The rules in this Chapter govern actions for acquisition of property by condemnation under the
power of eminent domain.
MARYLAND RULES
Md. Rule 12-202 (2012)
Rule 12-202. Venue
An action for condemnation shall be brought in the county where the property sought to be
condemned is located. If the property lies in more than one county, the action for condemnation
may be brought in any county where a part of the property lies. The court in which proceedings
are first brought shall have jurisdiction over the entire property.
MARYLAND RULES
Md. Rule 12-203 (2012)
Rule 12-203. Required parties defendant
An action for condemnation shall be brought against all persons, known or unknown, whose
interest in the property is sought to be condemned.
MARYLAND RULES
Md. Rule 12-204 (2012)
Rule 12-204. Acquisition of cemetery
(a) Notice by publication before filing complaint. Before filing a complaint for condemnation
of property used as a cemetery, the plaintiff shall give notice by publication in a newspaper of
general circulation in each county where any part of the property is located.
(b) Contents of notice. The notice shall contain the following information:
(1) the name of the plaintiff,
(2) an identification of the cemetery and a description of the part that is sought to be
condemned,
(3) the purpose for which the property is sought to be condemned, and
(4) the name of the court in which the complaint is to be filed.
(c) Time of publication. The notice shall be published at least once a week for three successive
weeks, and the last publication shall be made at least seven days before the filing of a complaint.
(d) Proof of publication. The plaintiff shall file a certificate of publication as an exhibit to the
original complaint.
(e) Effect of failure to publish. If it appears to the court at any time before entry of judgment that
there has been a failure to comply with the provisions of this Rule, the court shall suspend further
proceedings in the action until publication is made and may order any other means of notice that
it deems appropriate in the circumstances. No objection based on failure to comply with this
Rule shall be made after final judgment.
MARYLAND RULES
Md. Rule 12-205 (2012)
Rule 12-205. Complaint
An action for condemnation shall be commenced by filing a complaint complying with Rules
2-303 through 2-305 and containing:
(a) The names of all persons whose interest in the property is sought to
be condemned. If any person is a nonresident or not known, that fact shall be
stated. If any person is the unknown heir of a decedent, that person shall be
described as the unknown heir of , deceased.
(b) A description of the property sought to be condemned. If the subject matter of the action is
real property, the description shall be:
(1) by lot and block or square when an entire lot, block, or square shown on a subdivision map,
plat, or record is sought to be condemned, or
(2) by metes and bounds when an entire tract is sought to be condemned, or
(3) by metes and bounds clearly and legibly set forth on a plat showing the area and stating the
amount of land sought to be condemned. The plat shall set forth the beginning point for the
description, referenced to an existing marker, call, monument, or point outside the area sought to
be condemned, in a recorded deed or plat identified by liber and folio. The deed or plat shall be
in the chain of title of the property sought to be condemned, but if no marker, call, monument, or
point can be found in the chain of title, reference may be made to the chain of title of adjoining
property.
(c) A statement of the nature of the interest that the plaintiff seeks to acquire by the proposed
condemnation.
(d) A statement of the purpose for which the property is sought to be condemned.
(e) A statement that there is a public necessity for the proposed condemnation.
(f) A statement that the parties are unable to agree or that a defendant is unable to agree because
that defendant is unknown or under legal disability.
(g) A statement of the amount of any money paid into court and the date of the payment.
(h) A statement of the date of taking if a taking has occurred.
(i) A request that the property be condemned.
MARYLAND RULES
Md. Rule 12-206 (2012)
Rule 12-206. Discovery
(a) Generally. Except as otherwise provided in this Rule, discovery in actions for
condemnation shall be conducted pursuant to Chapter 400 of Title 2 of these Rules.
(b) Experts not expected to be called at trial; fees and expenses. A party may obtain discovery of
the identity, findings, and opinions of an expert, even though the expert is not expected to be
called as a witness at trial, if the expert (1) was retained by another party in anticipation of
litigation or preparation for trial and (2) has examined or appraised all or part of the property
sought to be condemned for the purpose of determining its value or has prepared a report
pertaining to its value. The court shall require the party seeking discovery to reimburse the other
party for a fair portion of the fees and expenses reasonably incurred in obtaining findings and
opinions from the expert.
MARYLAND RULES
Md. Rule 12-207 (2012)
Rule 12-207. Trial
(a) Trial by jury unless otherwise elected. An action for condemnation shall be tried by a jury
unless all parties file a written election submitting the case to the court for determination. All
parties may file a written election submitting an issue of fact to the court for determination
without submitting the whole action.
Committee note. -- The issue of the plaintiff's right to condemn is a question of law for the court.
Bouton v. Potomac Edison Co., 288 Md. 305 (1980).
(b) Opening statement. Each party to the action may make an opening statement to the trier of
fact. If the action for condemnation is not a "quick-take" pursuant to Maryland Constitution, Art.
III, 40A-40C, the opening statement may be made before the trier of fact views the property
sought to be condemned. A plaintiff may reserve the opening statement until after a view. A
defendant may reserve the opening statement until after a view or until the conclusion of the
evidence offered by the plaintiff.
Cross references. -- See Bern-Shaw Limited Partnership v. Mayor and City Council of
Baltimore, 377 Md. 277 (2003), which held that section (c) of this Rule does not apply to a
"quick-take" condemnation proceeding.
(c) View. Before the production of other evidence, the trier of fact shall view the property sought
to be condemned unless the court accepts a written waiver filed by all parties or the
condemnation is a "quick-take" proceeding. In a jury trial, each party shall inform the court,
before the jury leaves for the view, of the name of the person to speak for that party at the view.
Only one person shall represent all of the plaintiffs and only one person shall represent all of the
defendants, unless the court orders otherwise for good cause. Only those persons shall be
permitted to make any statement to the jury during the view, and the court shall so instruct the
jury. These persons shall point out to the jury the property sought to be condemned, its
boundaries, and any adjacent property of the owner claimed to be affected by the taking. They
may also point out the physical features, before and after the taking, of the property taken and of
any adjacent property of the owner claimed to be affected by the taking. The judge shall be
present at and shall supervise the view unless the court accepts a written waiver filed by all
parties.
The parties, their attorneys, and other representatives may be present during a view. A jury shall
be transported to and attend a view as a body under the charge of an officer of the court, and the
expense of transporting the jury shall be assessed as costs.

MARYLAND RULES
Md. Rule 12-208 (2012)
Rule 12-208. Inquisition -- Form and contents
(a) Form and signature. The trier of fact shall render a verdict in the form of an inquisition
signed by each member of the jury or, if the action is tried without a jury, by the judge hearing
the action.
(b) Description of property. The inquisition shall contain a description of the property
condemned. If the property is real property, the description shall be in the form required by Rule
12-205 (b).
(c) Nature of plaintiff's estate. The inquisition shall state the nature of the interest in the property
acquired by the plaintiff.
(d) Award of damages. The inquisition shall set forth the amount of any damages to which each
defendant or class of defendants is entitled or, if the court so orders, the total amount of damages
awarded, or both.
(e) Other matters. The inquisition shall contain findings on any other issues submitted by the
court to the trier of fact for special findings.

MARYLAND RULES
Md. Rule 12-209 (2012)
Rule 12-209. Judgment
(a) Upon finding of right to condemn. If the court decides that the plaintiff is entitled to
condemn, the court, upon the return of the inquisition, shall enter judgment for the plaintiff for
the property condemned and for each defendant or class of defendants against the plaintiff for the
amount of damages and costs awarded to each defendant or class of defendants.
(b) Upon finding of no right to condemn.
(1) After trial. If the court decides that the plaintiff is not entitled to condemn, the court shall
enter judgment against the plaintiff and for each defendant or class of defendants for costs as
provided in Code, Real Property Article, 12-106.
(2) After appeal. If the final decision on appeal is that the plaintiff is not entitled to condemn, the
trial court shall award a reasonable attorney's fee to the defendant and assess the fee against the
plaintiff together with the other costs of the action.
Md. Rule 12-210 (2012)
Rule 12-210. Acquisition of title and possession
At any time after entry of a judgment for the plaintiff for the property condemned and
awarding compensation to the defendant, the plaintiff may obtain possession of the condemned
property by (1) paying to the defendant or to the clerk of the court for the use of the defendant
the amount awarded the defendant and the costs as determined by the judgment and (2) if the
defendant files a timely appeal and the plaintiff is a person other than the State or any of its
subdivisions or instrumentalities, filing a bond in an amount and with a surety approved by the
court. The bond shall be conditioned on the plaintiff paying the defendant, if the judgment is
reversed on appeal, all damages the plaintiff causes the defendant by taking possession of and
using the property before final determination of the appeal.
MARYLAND RULES
Md. Rule 12-211 (2012)
Rule 12-211. Abandonment
(a) Method. A plaintiff may abandon an action for condemnation only by filing a written
election to abandon it. A copy of the election shall be served as provided in Rule 1-321 upon
each defendant over whom the court has obtained personal jurisdiction, and as the court may
direct upon each other defendant.
(b) When not allowed. An action for condemnation may not be abandoned:
(1) after taking has occurred; or
(2) more than 120 days after the entry of judgment unless an appeal is taken; or
(3) if an appeal was taken, more than 120 days after the receipt by the clerk of the lower court of
a mandate of the Court of Special Appeals or, if the Court of Appeals assumes jurisdiction, of the
Court of Appeals evidencing (A) the dismissal of the appeal by the Court, (B) the affirmance of
the judgment, (C) the entry of judgment pursuant to Rule 8-604 (e), or (D) the modification of
the judgment without the award of a new trial. For purposes of this subsection, an appeal taken
by the plaintiff that is stricken pursuant to Rule 8-203 or voluntarily dismissed shall be treated as
if not taken, and the time allowed for abandonment shall be determined in accordance with
subsections (1) and (2) of this section.
(c) Effect. The filing of the election shall reduce any money judgment entered in the civil action
to a judgment for costs only, and the clerk shall make entries on the docket and judgment record
necessary to reflect this effect. The filing of the election shall also annul any inquisition returned
and any judgment entered in the action, to the extent that the inquisition or judgment affects the
title of any defendant to the property that was sought to be condemned, and the clerk of any court
where the inquisition has been recorded among the land records shall make a notation in the land
records, in the same manner in which a release of a lien instrument is recorded, that the action
has been abandoned.
(d) Recovery of expenses. Upon the abandonment of an action for condemnation, the defendant
is entitled to recover from the plaintiff the reasonable legal, appraisal, and engineering fees
actually incurred by the defendant because of the condemnation proceeding. If the parties agree
on an amount, they shall file with the clerk statement of their agreement. If the parties cannot
agree, the court shall determine the amount on motion of either party. The clerk shall enter the
amount agreed upon or determined by the court as a part of the costs.
MARYLAND RULES
Md. Rule 12-212 (2012)
Rule 12-212. Recording
(a) Generally. Upon the entry of judgment for the plaintiff for the property condemned and the
filing of a certification by the plaintiff that the award has been paid to the defendant or into court,
the clerk shall record the inquisition among the land records of the county in the same manner in
which deeds are recorded. If the judgment is reversed on appeal or otherwise vacated or
modified, the clerk shall make a notation to that effect in the land records in the same manner in
which a release of a lien instrument is recorded, and if the judgment and inquisition have been
recorded in any other county, the clerk shall give notice in the manner provided by Rule 2-622
(b).
(b) Recording inquisition in other county. Upon the entry of judgment in an action for
condemnation of real or leasehold property located in more than one county, the plaintiff shall
file with the clerk of the circuit court of each other county in which any part of the property is
located a certified copy of the judgment, the docket entries, the complaint, and the inquisition.
The clerk shall promptly record and index these documents in accordance with Rule 2-623.
-
MARYLAND RULES
Md. Rule 12-213 (2012)
Rule 12-213. Board of property review procedure
(a) Scope. This Rule applies to all actions under Code, Transportation Article, Title 8, Subtitle
3 that are certified to a board of property review.
Cross references. -- The property review board procedure applies to acquisitions by

condemnation by the State Roads Commission under Code, Transportation Article, Title 8,
Subtitle 3.
(b) Plats and maps. In addition to any other requirements, plats and maps that are to be filed with
the clerk of the court in proceedings subject to this Rule shall (1) state the amount of land sought
to be taken, (2) refer to an existing permanent marker or monument outside the land sought to be
taken from each owner, and (3) define and show the land sought to be taken from each owner so
that its area may be computed with substantial accuracy from the plat or map.
Cross references. -- See Code, Transportation Article, 8-321.
(c) Certificate to board.

(1) Filing. No later than six calendar months after the plats or maps referred to in section (b) of
this Rule have been filed with the clerk of court as provided by law, a party may have the action
referred to the board by filing a written notice to that effect with the clerk of the court.
(2) Duty of clerk. Upon the filing of the notice, the clerk shall certify the action promptly to the
board by sending all pleadings and exhibits and a certified copy of the docket entries to the
chairman of the board.
(d) Hearing.
(1) Date. The board shall hear the action promptly but in no event later than three months after
the filing of the notice of referral. Priority shall be given to an action involving a residence or
commercial building.
(2) Notice. The board shall give each party at least ten days written notice of the date, time, and
place of the hearing.
(3) Conduct -- In general. The hearing may be conducted in an informal manner, and the board is
not bound by the rules of evidence or procedure, except as provided in this Rule.
(4) Rights of parties. Each party has the right to be represented by counsel, to introduce
evidence, to cross-examine, and to make oral argument upon the evidence.
(5) View. Unless waived in writing by all parties, the board shall view the property in question
before taking testimony.
(6) Witnesses to be sworn. Witnesses shall be sworn by a member of the board or by some other
person authorized to administer oaths.
(e) Award. As soon as practicable but in no event more than 30 days after the conclusion of the
hearing, the board shall file with the clerk of the court a written award that explains the basis of
its decision. The board shall serve the award pursuant to Rule 1-321 and file proof of service
(f) Case unheard or undetermined. If the board has not heard the action within three months after
the filing of the notice of referral or if the board has not filed a copy of its award with the clerk of
the court within 30 days after the conclusion of the hearing, any party may serve upon the
chairman of the board a written request that the board relinquish jurisdiction of the action. Upon
service of the request, the board shall return to the clerk of the court the pleadings and exhibits in
the action, and the case shall proceed as if notice of dissatisfaction with an award of the board
was given.
(g) Dissatisfaction with award.
(1) Notice -- Time. Within 30 days after the filing of the award of the board with the clerk of the
court, any dissatisfied party may file written notice of dissatisfaction with the clerk of the court.
(2) Plaintiff's duty to file complaint. Unless it has already done so, the condemning party shall
file a complaint for condemnation within 30 days after the filing of notice of dissatisfaction.
Except as provided in subsection (3) of this section, the action shall proceed thereafter as if the
matter had never been certified to the board.
(3) Extension of time to file description. For good cause, the court may extend the time for filing
the description required to be filed with the complaint for a period, not to exceed 90 days from
the date of the filing of the complaint for condemnation, as may be just.
MARYLAND RULES
CHAPTER 300. MECHANICS' LIENS
Md. Rule 12-301 (2012)
Rule 12-301. Applicability -- Definitions
(a) Applicability. The rules in this Chapter govern actions in which establishment and
enforcement of a mechanics' lien are sought.
(b) Definitions. In this Chapter, the following definitions apply:
(1) Building. "Building" includes any unit of a nonresidential building that is leased or sold
separately as a unit.
(2) Contract. "Contract" means an agreement of any kind or nature, express or implied, for doing
work or furnishing material, for or about a building that may give rise to a mechanics' lien.
(3) Contractor. "Contractor" means a person who has a contract with an owner.
(4) Land. "Land" means the interest in land to which a mechanics' lien extends or the interest in
land within the boundaries established by proceedings in accordance with Rule 12-308. "Land"
includes the improvements to the land.
(5) Mechanics' lien or lien. "Mechanics' lien" or "lien" means a lien established pursuant to
Code, Real Property Article, 9-101 through 9-112.
(6) Owner. "Owner" means the owner of record of the land except that, when the contractor
executes the contract with a tenant for life or for years, "owner" means the tenant.
(7) Subcontractor. "Subcontractor" means a person who has a contract with anyone except the
owner or the owner's agent.
MARYLAND RULES
Md. Rule 12-302 (2012)
(a) How commenced. An action to establish a mechanics' lien shall be commenced by filing a
complaint in the county where all or any part of the land to be subject to the lien is located.
(b) Complaint. The complaint shall be under oath by the plaintiff or a person making oath on the
plaintiff's behalf. It shall be accompanied by the original or sworn, certified, or photostatic copies
of material papers that constitute the basis of the lien unless their absence is explained in the
complaint. In addition to complying with Rules 2-303 through 2-305, the complaint shall set
forth facts upon which the plaintiff claims entitlement to the lien in the amount specified and
shall contain at least the following:
(1) the name and address of the plaintiff;
(2) the name and address of the owner;
(3) the kind of work done or the kind and amount of materials furnished, the time when the work
was done or the materials furnished, the name of the person for whom the work was done or to
whom the materials were furnished, and the amount claimed to be due, less any credit recognized
by the plaintiff, and if the lien is sought to be established against two or more buildings on
separate lots or parcels of land owned by the same person, a designation of the amount claimed
to be due on each building;
Cross references. -- See Code, Real Property Article, 9-105 (a) (1) for the consequence of
failing to make the designation required when multiple buildings on separate lots are involved.
(4) a description of the land, including, if part of the land is located in another county, a
statement to that effect, and a description adequate to identify the building;
(5) if a building is not newly erected, a statement that it has been repaired, rebuilt, or improved
to the extent of 15 percent of its value; and
(6) if the plaintiff is a subcontractor, facts showing that the notice required under Code, Real
Property Article, 9-104 was properly mailed or served upon the owner or, if so authorized,
posted on the building.
(c) Defendants. The plaintiff shall bring an action to establish a mechanics' lien against the
owner of the land against which the lien is sought to be established. The plaintiff may join, but is
not required to join, any other person who has or may have an interest in the land and who may
be entitled to share in the proceeds of a sale of the land.
MARYLAND RULES
Md. Rule 12-303 (2012)
Rule 12-303. Amendment
Pleadings in an action to establish a mechanics' lien may be amended pursuant to Rule 2-341,
except that after the expiration of the period within which notice of the lien claim must be given,
or the complaint to establish the lien must be filed if notice is not required, no amendment shall
be permitted that will increase the amount of the claim or materially alter the description of the
land.
MARYLAND RULES
Md. Rule 12-304 (2012)
Rule 12-304. Proceedings
(a) Court review. The court shall review the complaint and any exhibits and may require the
plaintiff to supplement or explain any of the matters set forth in the complaint and exhibits.
(b) Order.
(1) Entry; contents. If the court determines that there is a reasonable ground for the lien to attach,
it shall enter an order directing the defendant to file an answer under oath on or before a date
indicated in the order, showing cause why a lien for the amount claimed should not attach to the
land described in the complaint, provided that a copy of the order together with copies of the
pleadings and exhibits filed shall have been served on the defendant by the deadline for service
specified in the order. The order also shall (A) set a date for hearing no later than 45 days from
the date of the order, (B) advise the defendant of the defendant's right to appear and present
evidence at the hearing, and (C) warn the defendant that if the defendant fails to file a timely
answer, the facts set forth in the plaintiff's complaint shall be deemed admitted and the hearing
waived, and the court may enter an order establishing the lien.
(2) Service. The order, together with copies of the pleadings and exhibits filed, shall be served on
the defendant in the manner provided by Rule 2-121.
(c) Answer; failure to file deemed admission. A defendant may controvert any statement of fact
in the plaintiff's complaint by filing an answer under oath. The failure to file an answer within
the time allowed by the order shall constitute an admission for the purpose of the action of all
statements of fact in the plaintiff's complaint, but shall not constitute an admission that the
complaint is legally sufficient.
(d) Hearing. If the defendant fails to answer within the time allowed by the order, the court may
at any time thereafter, without hearing and without further notice to the defendant, enter an order
in conformity with section (e) of this Rule. If the defendant files an answer in compliance with
the order, a hearing shall be held as scheduled.
(e) Relief granted.
(1) Judgment if no genuine dispute.
(A) If the pleadings and admissions on file and any evidence show that there is no genuine
dispute as to any material fact and that the lien should attach as a matter of law, the court shall
enter a judgment establishing the lien. If it appears that there is no genuine dispute as to a portion
of the lien claim, the court shall enter an order establishing the validity of the lien as to that
portion and the action shall proceed only on the disputed amount of the lien claim.
(B) If the pleadings and admissions on file and any evidence show that there is no genuine
dispute as to any material fact and that the plaintiff, as a matter of law, has failed to establish a
right to a lien, a judgment shall be entered denying the lien.
(2) Interlocutory order if probable cause. If the court determines from the pleadings and
admissions on file and any evidence that a judgment under subsection (e)(1)(A) should not be
entered, but that there is probable cause to believe the plaintiff is entitled to a lien, the court shall
enter an interlocutory order that:
(A) establishes a lien;
(B) describes the land to which the lien attaches;
(C) states the amount of the claim for which probable cause is found;
(D) specifies the amount of a bond which may be filed by the defendant to have the land
released from the lien; and
(E) assigns a date within six months for a trial of all matters that may be necessary to adjudicate
the establishment of the lien.
The owner or any other person interested in the land may move at any time for modification or
dissolution of the lien established by the interlocutory order.
(3) Probable cause not found. If no judgment or interlocutory order is entered under subsections
(1) and (2), the court shall enter an order that the portion of the complaint seeking to establish the
lien be dismissed unless the plaintiff, within 30 days thereafter, files a written request that the
portion of the complaint seeking to establish the lien be assigned for trial.
(4) Bond by plaintiff. In an interlocutory order entered under subsection (2) of this section, the
court may require the plaintiff to file a bond in an amount that the court determines to be
sufficient for damages, including reasonable attorney's fees. The lien shall not attach until any
required bond is filed.
(5) Trial. At the conclusion of the action a judgment shall be entered either continuing or
terminating a lien established by an interlocutory order, or establishing or denying the lien.
MARYLAND RULES
Md. Rule 12-305 (2012)
Rule 12-305. Enforcement of lien
(a) Time for filing motion to enforce. A plaintiff may not enforce a lien or execute on a bond
given to obtain a release of the lien until the lien has been established by a judgment. To enforce
a lien or to execute on any bond given to obtain a release of the lien, the plaintiff shall file a
motion in the original action within one year after the date on which the complaint to establish
the lien was filed. The motion to enforce may be included in the original complaint to establish
the lien.
(b) Order. An order granted pursuant to a motion to enforce shall direct that the land be sold
unless the amount found to be due is paid on or before a date specified in the order, which shall
be not more than 30 days after the date of the order.
(c) Sale. The sale shall be conducted pursuant to Title 14, Chapter 300 of these rules.
MARYLAND RULES
Md. Rule 12-306 (2012)
Rule 12-306. Referral to auditor
After a sale under Rule 12-305, the court shall refer the proceedings to an auditor pursuant to
Rule 2-543 to state an account.
MARYLAND RULES
Md. Rule 12-307 (2012)
Rule 12-307. Release of lien
(a) Motion. At any time after a complaint to establish a mechanics' lien is filed, the owner of
the land or any other person interested in the land may move to have the land released from any
lien that has been established by court order or that may thereafter be established.
(b) Bond; order. Unless a bond has previously been set pursuant to Rule 12-304, the court, after
an opportunity for a hearing, shall determine the amount of bond sufficient to protect the
plaintiff. Upon the filing of the bond in the amount set by the court, the court shall enter an order
releasing the land from the lien.
(c) Entry of satisfaction.
(1) By plaintiff. If the amount of a mechanics' lien is paid or otherwise satisfied, the plaintiff or
plaintiff's successor in interest, upon payment of costs, shall file promptly an order of satisfaction
of the lien in every court where the lien is a matter of record.
(2) Entry upon motion. If the plaintiff or plaintiff's successor in interest fails to file an order of
satisfaction, the owner of the land or any other person interested therein may move for entry of
an order of satisfaction pursuant to Rule 2-626.
MARYLAND RULES
Md. Rule 12-307 (2012)
Rule 12-307. Release of lien
(a) Motion. At any time after a complaint to establish a mechanics' lien is filed, the owner of
the land or any other person interested in the land may move to have the land released from any
lien that has been established by court order or that may thereafter be established.
(b) Bond; order. Unless a bond has previously been set pursuant to Rule 12-304, the court, after
an opportunity for a hearing, shall determine the amount of bond sufficient to protect the
plaintiff. Upon the filing of the bond in the amount set by the court, the court shall enter an order
releasing the land from the lien.
(c) Entry of satisfaction.
(1) By plaintiff. If the amount of a mechanics' lien is paid or otherwise satisfied, the plaintiff or
plaintiff's successor in interest, upon payment of costs, shall file promptly an order of satisfaction
of the lien in every court where the lien is a matter of record.
(2) Entry upon motion. If the plaintiff or plaintiff's successor in interest fails to file an order of
satisfaction, the owner of the land or any other person interested therein may move for entry of
an order of satisfaction pursuant to Rule 2-626.
MARYLAND RULES
Md. Rule 12-308 (2012)
Rule 12-308. Designation of boundaries
(a) Before commencement of construction. An owner of land who, before commencement of

construction, desires to define the boundaries of the land in accordance with Code, Real Property
Article, 9-103 (b) shall file a notice to establish boundaries in an ex parte proceeding in the
county in which the property is located. The notice shall be captioned, filed, and indexed as any
other civil action under the name of the owner of the land and shall contain:
(1) a reference to the conveyance or other means by which the owner acquired title to the land;
(2) a description of the newly established boundaries sufficient to identify the land with
reasonable certainty; and
(3) a brief description of the construction for which the boundaries are established.
(b) After commencement of construction.
(1) Motion. After the commencement of construction of any improvement upon land that might
be subject to a claim for a mechanics' lien, the owner of the land or any other person interested in
the land, including anyone who has or might assert a mechanics' lien against the land by reason
of the construction, may file a motion in the circuit court for the county where the land is located
requesting the court to designate the boundaries pursuant to this Rule and to issue a writ of
survey for that purpose. If the person filing the motion is a party to a proceeding to establish or
enforce the lien, the motion shall be filed in the first proceeding to which the person became a
party.
(2) Parties. A motion filed under this section shall be served on the owner of the land, each
person who has moved for or established a mechanics' lien against the land, and any other person
designated by the court in accordance with Rule 2-121, except that if the motion is filed in a
pending proceeding, it shall be served in accordance with Rule 1-321.
(3) Surveyor. The court shall issue a writ to a surveyor directing the surveyor to make a report to
the court in which the surveyor shall determine and describe the boundaries of the land,
including within the boundaries as much of the land as is necessary for the use of the
improvement thereon for the purpose for which it is designated or reasonably adaptable.
(4) Action on report. A copy of the surveyor's report shall be furnished to the moving party and
to each person required to be served under section (b)(2) of this Rule. Within 15 days thereafter
any person to whom the surveyor's report is required to be furnished may file a motion
requesting the court to determine boundaries other than those that the surveyor has reported.
After a hearing on the motion or upon expiration of the 15 day period for filing a motion if no
motion is filed, the court shall determine the boundaries or approve the surveyor's report for
filing in the proceedings.
MARYLAND RULES
CHAPTER 400. PARTITION
Md. Rule 12-401 (2012)
Rule 12-401. Partition or sale in lieu of partition
(a) Scope. This Rule applies in any action where the relief sought is the partition of real or
personal property or the sale of real or personal property in lieu of partition.
Cross references. -- See Code, Real Property Article, 14-107.
(b) Judgment for sale.
(1) When permitted. When the relief sought is a sale in lieu of partition, the court shall order a
sale only if it determines that the property cannot be divided without loss or injury to the parties
interested.
(2) Conduct of sale. The sale shall be conducted in the manner provided by Title 14, Chapter 300
of these rules.
(c) Judgment for partition.
(1) Appointment of commissioners. When the court orders a partition, unless all the parties
expressly waive the appointment of commissioners, the court shall appoint not less than three nor
more than five disinterested persons to serve as commissioners for the purpose of valuing and
dividing the property. On request of the court, each party shall suggest disinterested persons
willing to serve as commissioners. The order appointing the commissioners shall set the date on
or before which the commissioners' report shall be filed. The commissioners shall make oath
before a person authorized to administer an oath that they will faithfully perform the duties of
their commission. If the appointment of commissioners is waived by the parties, the court shall
value and divide the property.
(2) Report of commissioners. Within the time prescribed by the order of appointment, the
commissioners shall file a written report. At the time the report is filed the commissioners shall
serve on each party pursuant to Rule 1-321 a copy of the report together with a notice of the
times within which exceptions to the report may be filed.
(3) Exceptions to report. Within ten days after the filing of the report, a party may file exceptions
with the clerk. Within that period or within three days after service of the first exceptions,
whichever is later, any other party may file exceptions. Exceptions shall be in writing and shall
set forth the asserted error with particularity. Any matter not specifically set forth in the
exceptions is waived unless the court finds that justice requires otherwise. The court may decide
the exceptions without a hearing, unless a request for a hearing is filed with the exceptions or by
an opposing party within five days after service of the exceptions.
(d) Costs. Payment of the compensation, fees, and costs of the commissioners may be included in
the costs of the action and allocated among the parties as the court may direct.
MARYLAND RULES
CHAPTER 500. REDEMPTION OF GROUND RENT
Md. Rule 12-501 (2012)
Rule 12-501. Redemption of ground rent vested in trustee without power of sale
(a) Scope. This Rule applies to the redemption of a ground rent, whether reserved by lease or
sublease, that is vested in a trustee without a power of sale. As used in this Rule, "trustee"
includes a trustee under a will, deed, or other instrument, a life tenant, and the holder of a
defeasible estate.
(b) When action may be brought -- Venue -- Parties. When a ground rent that is or becomes
redeemable is vested in a trustee without a power of sale, the owner of the leasehold or the
trustee may file an action for redemption in the county where the land subject to the ground rent
is located. The owner of the leasehold interest and the trustee are necessary parties. The plaintiff
may join, but is not required to join, a remainderman or any other person who has or may have a
beneficial interest in the land and who may be entitled to share in the redemption money.
(c) Complaint -- Content. In addition to complying with Rules 2-303 through 2-305, the
complaint shall be under oath and shall set forth:
(1) the location and description of the land;
(2) the date and place of record of the lease or sublease by which the reversion and rent were
created;
(3) the amount of the annual rent and the redemption price of the leasehold interest;
(4) a statement that the owner of the leasehold desires to redeem the ground rent; and
(5) a statement that the notice required by law or by the lease has been given by the owner of the
leasehold interest.
(d) Bond. Unless the trustee has previously given a bond that protects the redemption money or
has been excused from filing a bond by the instrument creating the trust, the trustee shall file a
bond as prescribed by Rule 10-702. Upon deposit of the redemption money by the trustee in the
manner provided by Rule 10-705, the bond shall be released regardless of the amount of the
entire estate or the amount of the redemption money.
(e) Order of conveyance -- Appointment of substitute trustee. The court may order the trustee to
convey the reversion in the land to the owner of the leasehold interest upon payment of the sum
of money for which the ground rent is redeemable together with the amount of annual rent
accrued to the date of payment. If the trustee is the owner of the leasehold interest, the court may
appoint a substitute trustee to receive the redemption money and execute the deed.
(f) Accounting and investment by trustee. The trustee shall account promptly to the court for the
redemption money received by the trustee. The court may order the redemption money invested
for the purpose of holding it in place of the redeemed ground rent for the benefit of the persons
entitled to the redeemed ground rent.
(g) Costs. If the relief sought in the complaint is granted, the court costs of the action, including
the expenses of obtaining a bond, shall be paid out of the money received for the redemption.
Otherwise, the court shall allocate costs pursuant to Rule 2-603.
MARYLAND RULES
CHAPTER 600. REPLEVIN AND DETINUE
Md. Rule 12-601 (2012)
Rule 12-601. Possession of personal property before judgment -- Replevin
(a) Action in District Court. A person claiming the right to immediate possession of personal
property may file an action under this Rule for possession before judgment. The action shall be
filed in the District Court.
(b) Defendant. The action shall be brought against the person who has possession of the property
at the time the complaint is filed. A person who obtains possession after the complaint is filed
shall be joined as a defendant.
(c) Complaint. In addition to complying with Rules 3-303 through 3-305, the complaint shall
contain (1) a description of the property claimed and an allegation of its value, (2) an allegation
that the defendant unjustly detains the property, (3) a claim for return of the property, and (4) any
claim for damages to the property or for its detention.
(d) Summons and notice.
(1) Upon the filing of the complaint, the clerk shall issue a summons as in other civil actions and
a notice to the defendant.
(2) The notice shall:

(A) indicate the time within which the notice must be served;
(B) advise the defendant that before trial on the complaint a hearing will be held to determine
the right to possession before judgment, if the notice, the complaint, and any exhibits are served
within the time prescribed in the notice;
(C) indicate the date of the hearing on the right to possession before judgment, which may not
be less than seven days after service of the notice on the defendant unless the court orders
otherwise;
(D) advise the defendant of the right to appear and present evidence at the hearing; and
(E) warn the defendant that the court may grant the plaintiff's request for possession before
judgment and direct the sheriff to place the plaintiff in possession of the property unless the
defendant appears personally and shows cause why the property described in the complaint
should not be immediately returned to the plaintiff.
(e) Service. The notice shall be served with the summons and complaint and any exhibits.
(f) Hearing. The hearing shall be held as scheduled and shall proceed ex parte if the defendant
fails to appear in response to the notice.
Cross references. -- See Code, Courts Article, 4-402 (e) (2) regarding the jurisdiction of the
District Court to conduct the show cause hearing, to enforce any ancillary injunction, and to
issue, renew, and receive returns on the writ of possession even if a jury trial is demanded.
(g) Decision. If the court determines that the plaintiff is entitled to possession before judgment,
the court shall order issuance of a writ directing the sheriff to place the plaintiff in possession of
the property, provided that the plaintiff files a bond for the satisfaction of all costs and damages
that may be awarded to the defendant or a claimant of the property by reason of the possession.
The order shall prescribe the amount of and security for the bond. If the claimed property cannot
be found and the writ is returned unexecuted, the plaintiff may request reissuance of the writ or
may proceed pursuant to section (h) of this Rule.
(h) Further proceedings pursuant to Rule 12-602. After the issue of the right to possession before
judgment is determined, the action shall proceed as an action for recovery of property after
judgment under Rule 12-602. If the value of the property remains at issue and that value and any
damages claimed exceed the monetary jurisdiction of the District Court or a timely demand for
jury trial has been filed, the clerk shall transmit the record to the circuit court in accordance with
the procedures set forth in Rule 3-325.
MARYLAND RULES
CHAPTER 600. REPLEVIN AND DETINUE
Md. Rule 12-602 (2012)

Rule 12-602. Recovery of property or value after judgment -- Detinue
(a) Action.
(1) A person claiming the right to possession of personal property may file an action under this
Rule.
(2) The action:
(A) shall be brought in the District Court if the value of the property and any damages claimed
are within the exclusive jurisdiction of that court;
(B) may be brought in either the District Court or a circuit court if the value of the property and
any damages claimed are within the concurrent jurisdiction of those courts; and
(C) shall be brought in the circuit court if the value of the property and any damages claimed
exceed the monetary jurisdiction of the District Court.
(3) If the plaintiff has brought an action under Rule 12-601, a separate action under this Rule
shall not be brought. If required by Rule 2-326, a new complaint shall be filed in accordance
with that Rule.
(b) Defendant. The action shall be brought against the person who has possession of the property
at the time the complaint is filed. A person who obtains possession after the complaint is filed
shall be joined as a defendant.
Cross references. -- Rules 2-211 and 3-211.
(c) Complaint. In addition to complying with Rules 2-303 through 2-305 or 3-303 through 3-305,
the complaint shall contain (1) a description of the property claimed and an allegation of its
value, (2) an allegation that the defendant unjustly detains the property, (3) a claim for return of
the property or payment of its value, and (4) any claim for damages to the property or for its
detention.
(d) Judgment.
(1) For plaintiff. A judgment for the plaintiff shall award possession of the property or, in the
alternative, payment of its value. The judgment shall separately set forth the value of the
property and any amount awarded for damage to or detention of the property. Unless the court
orders otherwise for good cause or the plaintiff agrees on the record to accept the value of the
property as fixed by the judgment instead of return of the property, the plaintiff may enforce
return of the property pursuant to Rules 2-647 or 3-647. The plaintiff may also seek enforcement
of any damages awarded pursuant to the rules contained in Chapter 600 of Title 2 or Title 3, as
appropriate.
(2) For defendant. If a judgment is entered for the defendant after the plaintiff has obtained
immediate possession of the property pursuant to Rule 12-601, the court shall order return of the
property to the defendant. On motion filed within 15 days after entry of the judgment, the court
shall enter judgment for any damages sustained by the defendant by reason of the plaintiff's
possession.
MARYLAND RULES
CHAPTER 700. SEVERED MINERAL INTERESTS
Md. Rule 12-701 (2012)
In this Chapter, the terms "mineral," "mineral interest," "severed mineral interest," "surface
estate," "surface owner," and "unknown or missing owner" have the meanings set forth in Code,
Environment Article, 15-1201. A "dormant mineral interest" is a mineral interest that satisfies
the criteria set forth in Code, Environment Article, 15-1203 (a)(2).
MARYLAND RULES
Md. Rule 12-702 (2012)
Rule 12-702. Scope
This Chapter does not apply to a mineral interest:
(a) held by the United States or a Native American tribe, except to the extent permitted by
federal law; or
(b) held by the State or an agency or political subdivision of the State, except to the extent
permitted by State law.

MARYLAND RULES
Md. Rule 12-703 (2012)
Rule 12-703. Trust for unknown or missing owner of severed mineral interest
(a) Petition to Create Trust.

(1) Generally. An owner in fee simple of a surface estate subject to a severed mineral interest
that is vested, in whole or in part, in an unknown or missing owner may file a petition to place
the mineral interest of the unknown or missing owner in trust. The petition shall be filed in the
circuit court of any county in which the surface estate is located.
Cross references. -- Code, Environment Article, 15-1201 through 15-1206.
(2) Contents. The petition shall be captioned "In the Matter of ..." stating the location of the
surface estate subject to the severed mineral interest. It shall be signed and verified by the
petitioner and shall contain at least the following information:
(A) the petitioner's name, address, and telephone number;
(B) the name and address of all other surface owners;
(C) the reason for seeking the assumption of jurisdiction by the court and a statement of the
relief sought;
(D) a legal description of the severed mineral interest;
(E) the name, address, telephone number, and nature of the interest of all persons with a legal
interest in the severed mineral interest, including any unknown or missing owners, and their
heirs, successors, or assignees;
(F) an affidavit of the petitioner stating that the identity or whereabouts of one or more owners
are unknown and describing the reasonable efforts made in good faith to identify and locate each
unknown or missing owner who is the subject of the petition;
(G) the nature of the interest of the petitioner;
(H) the nature and location of the surface estate subject to the severed mineral interest; and
(I) an affidavit of the petitioner, affirming fee simple ownership of the surface estate and
including a reference to each recorded document establishing such ownership. If any person
whose name is required information under this subsection is unknown, that fact shall be stated. If
any person is the unknown heir of a decedent, that person shall be described as the unknown heir
of , deceased.
(b) Service. The proceeding shall be deemed in rem or quasi in rem. A copy of the petition and
attached documents shall be served on all persons with a legal interest in the severed mineral
interest named in the petition and all surface owners who have not joined in the petition. Service
on a person alleged to be unknown or missing shall be pursuant to Rule 2-122. Otherwise,
service shall be pursuant to Rule 2-121.
(c) Hearing. The court shall hold a hearing on the petition.

(d) Order Creating Trust. If the court finds that the title to a severed mineral interest is vested, in
whole or in part, in an unknown or missing owner, the court may enter an order:
(1) placing the severed mineral interest of the unknown or missing owner in trust;
(2) appointing a trustee for the unknown or missing owner;
(3) if it is likely that any revenue will accrue to the benefit of the unknown or missing owner,
directing the trustee to create a separate trust bank account to manage all trust assets; and
(4) authorizing the trustee to lease the mineral interest to the owner of the surface estate, subject
to any conditions the court deems appropriate.
Cross references. -- See Rule 1-324 concerning notice of the order sent by the clerk to the
parties.
(e) Administration of Trust. A trust created under this Rule shall be administered pursuant to
Rules 10-702 to 10-712.
(f) Termination of Trust.
(1) Petition by Unknown or Missing Owner.
(A) Generally. An unknown or missing owner whose interest in a severed mineral interest has
been placed in trust, at any time prior to the filing of a petition under subsection (f)(2) or (f)(3) of
this Rule, may file a petition to terminate the trust and convey the interest to the petitioner. The
petition shall be signed and verified by the petitioner, filed in the court that created the trust, and
name as respondents the trustee, each surface owner, and each other person with a legal interest
in the minerals.
(B) Contents. The petition shall be captioned "In the Matter of ..." and shall state:
(i) the petitioner's name, address, e-mail address, if any, and telephone number;
(ii) the name, address, e-mail address, if any, and telephone number of the trustee and each
surface owner;
(iii) the nature and extent of the petitioner's legal interest in the severed mineral interest in trust
and include a reference to each recorded document establishing that interest and be accompanied
by any unrecorded document establishing that interest; and
(iv) whether, the petitioner has recorded or intends to record a notice of intent to preserve the
mineral interest in accordance with Code, Environment Article, 15-1204.
(C) Service. The petition shall be served on each respondent in accordance with the provisions of
Rule 1-321 (a).
(D) Response. A respondent shall file a response to the petition within the time prescribed by
Rule 2-321.
(E) Hearing. Unless waived in writing by all parties, the court shall hold a hearing on the
petition.
(F) Order. If the court finds that the petitioner is the unknown or missing owner whose severed
mineral interest was placed in the trust, that the petition is timely and in compliance with this
Rule, and that the trust with respect to that mineral interest should be terminated, it shall enter an
order (i) terminating the trust as to that mineral interest, (ii) directing the trustee to file a final
accounting, convey the mineral interest to the petitioner, and distribute all proceeds in
accordance with the accounting, as approved by the court, and (iii) assessing costs as it deems
just under the circumstances.
(2) Petition by Trustee.
(A) Generally. If the unknown or missing owner of a vested severed mineral interest to whom
notice of the petition or order was given does not contest or move to terminate a trust created
under this Rule on or before five years after the date that the court issued the order creating the
trust, the trustee shall file a petition to terminate the trust and to convey to the surface owner title
to the severed mineral interest. The petition shall name as respondents each surface owner and
each person with a legal interest in the minerals, including any unknown or missing owners of
the severed mineral interest.
(B) Contents. The petition shall be captioned "In the Matter of ..." stating the location of the
surface estate subject to the severed mineral interest. It shall be signed and verified by the
petitioner and shall contain at least the following information:
(i) a legal description of the severed mineral interest;
(ii) a description of the putative property interests of each party;
(iii) the last known address of each party;
(iv) an affidavit signed by each surface owner, affirming fee simple ownership of the surface
estate and requesting the court to convey title to the severed mineral interest at issue; and
(v) an affidavit signed by the petitioner, affirming that after conducting a diligent inquiry,
including a search in each county where the severed mineral interest is located, performed in
accordance with generally accepted standards of title examination of the land records of the
county, the records of the register of wills of the county, and the records of the circuit court for
the county, the trustee cannot locate the unknown or missing owner.
(C) Service. The petition shall be served on each respondent in accordance with the provisions of
Rule 1-321.
(D) Hearing. The court shall hold a hearing on the petition.
(E) Order Terminating Trust. The court shall enter an order requiring the trustee to convey the
unknown or missing owner's mineral interest to the named surface owner if (i) the petition was
filed more than five years after entry of the order creating the trust, (ii) the unknown or missing
owner does not appear to contest the petition, and (iii) the court finds that the person named in
the petition as surface owner is in fact the fee simple owner of the surface estate. After receiving
the final report of the trustee as required by Code, Environment Article, 15-1206, the court
shall enter an order (a) terminating the trust as to that mineral interest, (b) directing the trustee to
file a final accounting, convey the mineral interest to the surface owner, and distribute all
proceeds in accordance with the accounting, as approved by the court, and (c) assessing costs as
it deems just under the circumstances.
Committee note. -- If the mineral interest is located in more than one county, conveyance by the
trustee requires recordation in each county in which the surface estate is located.
Cross references. -- See Rule 1-324 concerning notice of the order sent by the clerk to the
parties.
(3) Petition by Surface Owner or Other Interested Person. If the trustee does not file the petition
within the time prescribed in subsection (f)(2) of this Rule, the surface owner or any person with
a legal or beneficial interest in the severed mineral interest placed in trust may file a petition to
direct the trustee to comply with subsection (f)(2) of this Rule or to appoint a substitute trustee to
do so. The petition shall be served on the trustee in accordance with the provisions of Rule 2-121
and further proceedings shall be in accordance with subsection (f)(2) of this Rule.
MARYLAND RULES
Md. Rule 12-704 (2012)
Rule 12-704. Termination of dormant mineral interest
(a) Petition.
(1) Generally. At any time after October 1, 2011, a surface owner of real property that is subject
to a severed mineral interest may initiate an action to terminate a dormant mineral interest by
filing a petition in the circuit court of any county in which the surface estate is located, but if a
trust created under Rule 12-703 is in existence, then in the county where the trust was created.
(2) Contents. The petition shall be captioned "In the Matter of ...," stating the location of each
surface estate subject to the mineral interest. It shall be signed and verified by the petitioner and
shall contain at least the following information:
(A) the petitioner's name, address, and telephone number;
(B) the name and address of all other surface owners;
(C) the reason for seeking the assumption of jurisdiction by the court and a statement of the
relief sought;
(D) a legal description of the severed mineral interest;
(E) the name, address, telephone number, and nature of the interest of all interested persons,
including each person who has previously recorded a notice of intent to preserve the mineral
interest or a part of a mineral interest pursuant to Code, Environment Article, 15-1204;
(F) the nature of the interest of the petitioner;
(G) the nature and location of the surface estate or estates subject to a severed mineral interest;
and
(H) an affidavit signed by each surface owner affirming fee simple ownership of the surface
estate, including a reference to each recorded document establishing such ownership. If any
person whose name is required information under this subsection is unknown, that fact shall be
stated. If any person is the unknown heir of a decedent, that person shall be described as the
unknown heir of , deceased.
Cross references. -- See Code, Environment Article, 15-1203 through 15-1205.
(b) Service. The proceeding shall be deemed in rem or quasi in rem. A copy of the petition and
attached documents shall be served on all persons with a legal interest in the severed mineral
interest named in the petition and all surface owners who have not joined in the petition. Service
on a person alleged to be unknown or missing shall be pursuant to Rule 2-122. Otherwise,
service shall be pursuant to Rule 2-121.
(c) Late Notice of Intent to Preserve Interest. Unless the mineral interest has been unused for a
period of 40 years or more preceding the commencement of the action, the court shall permit the
owner of the mineral interest to record a late notice of intent to preserve the mineral interest and
dismiss the action, provided that the owner of the mineral interest pays the litigation expenses
incurred by the surface owner of the real property that is subject to the mineral interest.
Cross references. -- See Code, Environment Article, 15-1203 (c) for actions constituting use of
an entire mineral interest
(d) Hearing. The court, in its discretion, may hold a hearing on the petition.
(e) Order. The court shall enter an order granting or denying the petition. An order terminating a
mineral interest shall describe each tract of the surface estate overlying the terminated mineral
interest into which the mineral interest is merged, and shall describe the proportional shares, if
any, of each surface owner in each tract. The clerk shall record a copy of the order of termination
in the land records of each county in which the mineral interest is located.

MARYLAND RULES
TITLE 13. RECEIVERS AND ASSIGNEES
Md. Rule 13-101 (2012)
In this Title the following definitions apply except as expressly otherwise provided or as
(a) Assignee. "Assignee" means a person to whom a debtor has made a general assignment of
property in trust for the benefit of creditors.
(b) Court. "Court" means the court that has appointed a receiver or that has assumed jurisdiction
over the estate of an assignee.
(c) Debtor. "Debtor" means a person who has made a general assignment to an assignee or for
whom a receiver has been appointed.
(d) Estate. "Estate" means property assigned to an assignee or administered by a receiver.
(e) Receiver. "Receiver" means a person, other than an assignee, appointed by a court to take
charge of an estate that is within the scope of the rules in this Title.
MARYLAND RULES
Md. Rule 13-102 (2012)
Rule 13-102. Scope
(a) Generally. Except as provided in section (b), the rules in this Title apply in the circuit court
to the estate of:
(1) an assignee;
(2) a receiver appointed under the general equitable power of a court to take charge of an estate;
(3) a receiver appointed under any statutory provision that specifically provides that these rules
apply to the proceeding; and
(4) any other statutory receiver to the extent that (A) the rules in this Chapter are not
inconsistent with the statutory provisions authorizing the appointment of the receiver, and (B) the
court orders that the rules apply.
(b) No application. The rules in this Title do not apply to the estate of:
(1) a receiver appointed pursuant to the terms of a mortgage or deed of trust pending foreclosure
who takes charge of only the property subject to that mortgage or deed of trust;
(2) a receiver appointed pursuant to the terms of a security agreement who takes charge of only
the property subject to that agreement; or
(3) a person appointed for purposes of enforcement of health, housing, fire, building, electric,
licenses and permits, plumbing, animal control, or zoning codes or for the purpose of abating a
public nuisance.
HISTORY: (Amended Dec. 16, 1999, effective Jan. 1, 2000; Dec. 4, 2007, effective Jan. 1,
2008.)
MARYLAND RULES
Md. Rule 13-103 (2012)
Rule 13-103. Applicability of other rules
(a) Discovery. A receiver, an assignee, or any person in a contested matter may obtain
discovery pursuant to Title 2, Chapter 400 of these Rules. Any other person having an interest in
the estate may obtain discovery only upon order of court.
(b) Title 2 rules. The Title 2 rules apply to proceedings under this Title except to the extent that a
rule in this Title is inconsistent with a particular rule in Title 2 or the court determines that the
application of a rule in Title 2 would be inappropriate.
(c) Other rules. Except as otherwise specifically provided in this Title, the procedures for making
a sale of property of the estate shall be governed by Title 14, Chapter 300 of these Rules.
MARYLAND RULES
Md. Rule 13-104 (2012)
Rule 13-104. Service

Unless otherwise specifically provided by the rules in this Title or ordered by the court, no
paper required or permitted to be filed by a rule in this Title need be served on any person.
MARYLAND RULES
Md. Rule 13-105 (2012)
Rule 13-105. Eligibility to serve as receiver, assignee, or professional
(a) Generally. Except as otherwise provided by law or by section (b) of this Rule, a person may
not serve as a receiver or assignee, or as an attorney, accountant, appraiser, auctioneer, or other
professional representing or assisting the receiver or assignee, if the person:
(1) is a creditor or a holder of an equity security of the debtor;
(2) is or was an investment banker for any outstanding security of the debtor;
(3) has been, within three years before the date of the appointment of a receiver or the
assumption of jurisdiction over the estate of an assignee, an investment banker for a security of
the debtor, or an attorney for such an investment banker, in connection with the offer, sale, or
issuance of a security of the debtor;
(4) is or was, within two years before the date of the appointment of a receiver or the assumption
of jurisdiction over the estate of an assignee, a director, an officer, or an employee of the debtor
or of an investment banker specified in subsection (2) or (3) of this section, except that an
employee of the debtor may serve as an assignee if the court finds that this is in the best interest
of the estate and that there is no actual conflict of interest by reason of the employment;
(5) has an interest materially adverse to the interest of any class of creditors or equity security
holders by reason of any direct or indirect relationship to, connection with, or interest in the
debtor or an investment banker specified in subsection (2) or (3) of this section, or for any other
reason;
(6) otherwise has or represents an interest adverse to the estate;
(7) has, at any time within five years before the date of the appointment of a receiver or the
assumption of jurisdiction over the estate of an assignee, represented or been employed by the
debtor or any secured creditor as an attorney, accountant, appraiser, or other professional, if the
court finds an actual conflict of interest by reason of the representation or employment;
(8) is an "insider" as defined by 11 U.S.C. 101; or
(9) represents or is employed by an unsecured creditor of the debtor and, on objection of a

person in interest, the court finds an actual conflict of interest by reason of the representation or
employment.
(b) Special counsel or accountant. An attorney or accountant who has represented or has been
employed by the debtor is eligible to serve for a specified limited purpose if the employment is
in the best interest of the estate and if the attorney or accountant does not represent or hold any
interest materially adverse to the debtor or to the estate with respect to the purpose for which the
attorney or accountant is to be employed.
(c) Ineligibility no bar to assumption of jurisdiction. The court shall not refuse to assume
jurisdiction over the estate of a debtor solely because it finds that the assignee is ineligible to
serve under this Rule. After assuming jurisdiction, the court shall remove the ineligible assignee
pursuant to Rule 13-701 and may take any action permitted or required by Rule 13-703.
MARYLAND RULES
Md. Rule 13-106 (2012)
Rule 13-106. Petition for assumption of jurisdiction over estate of an assignee
(a) Venue. A petition requesting the court to assume jurisdiction over the estate of an assignee
shall be filed in the county where the debtor resides, is employed, or maintains a place of
business, or in any county where some part of the estate is located.
(b) Contents of petition. A petition for the assumption of jurisdiction over the estate of an
assignee shall be signed by the petitioner and shall contain at least the following information:
(1) the name and address of the assignee;
(2) a statement that an assignment for the benefit of creditors has been executed;
(3) in the case of a corporation, a statement indicating that articles of transfer transferring assets
to the assignee have been executed;
(4) in the case of a corporation, a statement indicating that required corporate resolutions have
been executed; and
(5) the nature, approximate value, and location of the property comprising the estate, to the best
of the petitioner's knowledge, information, and belief.
(c) Exhibits to petition. The petitioner shall attach to the petition a copy of the following
documents or shall explain in the petition their absence:
(1) the executed assignment for the benefit of creditors;
(2) in the case of a corporation, the executed articles of transfer and the executed corporate
resolutions of the corporation; and
(3) the affidavit of an assignee, as required by Rule 13-302.

MARYLAND RULES
Md. Rule 13-107 (2012)
Rule 13-107. Bond
(a) Duty to file. Before taking charge of an estate, a receiver shall file a bond in the court in
which the receiver has been appointed and an assignee shall file a bond in the court in which a
petition to assume jurisdiction of the estate has been filed.
(b) Amount of bond. Notwithstanding any contrary provision in Rule 1-402, the amount of the
bond shall be no greater than the net value of the property of the estate. In the event of a later
sale of property by the receiver or assignee, the court shall evaluate the bond previously filed and
may permit a decrease in the amount of the bond.
(c) Motion to modify amount of bond; notice. If a motion to modify the amount of a bond is filed
pursuant to Rule 1-402, notice shall be given to such persons as the court may direct.
(d) Terms of bond. The bond shall be to the State of Maryland and shall be conditioned upon the
faithful discharge of the duties of the receiver or assignee.
(e) Payment of bond premium from estate. Unless the court orders otherwise, a receiver or
assignee is entitled to pay and be allowed the cost of the premium out of the estate.
MARYLAND RULES
CHAPTER 200. NOTICE AND SCHEDULES
Md. Rule 13-201 (2012)
Rule 13-201. Publication of notice to creditors
(a) Notice by receiver or assignee. Promptly but in no event later than 5 days after the court
appoints a receiver or assumes jurisdiction over the estate of an assignee, the receiver or assignee
shall file a form of Notice to Creditors with the clerk, who shall issue the Notice. The receiver or
assignee shall cause the Notice to be published.
(b) Form of notice. The Notice to Creditors shall be substantially in one of the following three
forms, as applicable:
[CAPTION]
NOTICE TO CREDITORS
BY RECEIVER
TO ALL PERSONS INTERESTED IN THE ESTATE OF ,
DEBTOR
Notice is given with respect to ,
(Name in bold type)
whose business address is
and whose business is ,
that this Court has appointed ,
(Name in bold type)
whose address is ,
as Receiver.
All persons having claims against the Debtor should file them, under oath,
with the Clerk of the Circuit Court at the address below not later than 120
days from the date this Notice was issued.
Date Notice Issued Clerk of the Circuit

Court for
(County or Baltimore City)
Address
Receiver Attorney for Receiver

Address Address
Telephone Number Telephone Number
[CAPTION]
NOTICE TO CREDITORS
BY ASSIGNEE
DEBTOR
(Name in bold type)
that the Debtor has executed an Assignment for the Benefit of Creditors and
that ,
(Name in bold type)
whose address is
has been designated as Assignee.
The deed of assignment [ ] does [ ] does not contain a provision requiring

creditors to release their claims against the debtor as a condition to (1)
sharing in the distribution under the deed or (2) being accorded a preferred
status over other creditors.
All persons having claims against the Debtor should file them, under oath,
with the Clerk of the Circuit Court at the address below not later than 120
days from the date this Notice was issued.
Court for
Address
Assignee Attorney for Assignee
Address Address
[CAPTION]
NOTICE TO CREDITORS
OF BULK TRANSFER
BULK TRANSFEROR
(Name in bold type)
that the Transferor has effected a bulk transfer of property to
, transferee, whose
(Name in bold type)
address is
and that whose address is
(Name in bold type)
has been appointed as Receiver pursuant to Code, Commercial Law Article,

6-106.
All persons having claims against the Transferor should file them, under
oath, with the Clerk of the Circuit Court at the address below not later than
120 days from the date this Notice was issued.

Court for
Address
Receiver Attorney for Receiver
Address Address
(c) Where published; frequency. A copy of the Notice to Creditors shall be published in a
newspaper of general circulation in the county where the court is located. The Notice shall be
published at least once a week in each of three successive weeks, and the last publication shall
occur not less than ninety days before the date specified in the Notice as the last day for filing
claims.
(d) Certificate of publication. On or before the last day for filing claims, the receiver or assignee
shall file a certificate that publication has been made pursuant to this Rule.
MARYLAND RULES
Md. Rule 13-202 (2012)
Rule 13-202. Mailing of notice to creditors
(a) After appointment of receiver or assumption of jurisdiction. Within five days after the clerk
issues the Notice to Creditors, the receiver or assignee shall send a copy of the Notice by first
class mail, postage prepaid, to all known creditors of the debtor. The receiver or assignee shall
file a certificate of mailing of the Notice within five days after the initial mailing.
(b) After filing of schedule. Within five days after the expiration of the time for the debtor to file
the schedule required by Rule 13-203, the receiver or assignee shall send a copy of the Notice by
first class mail, postage prepaid, to all creditors shown on the schedule to whom the Notice was
not sent pursuant to section (a) of this Rule. Not later than the last day for filing claims, the
receiver or assignee shall file a certificate of mailing.
(c) Later-discovered creditors. The receiver or assignee shall promptly send a copy of the Notice
by first class mail, postage prepaid, to all creditors whose identity is discovered at any time after
the schedule is filed or the expiration of the time for filing it. Not later than the last day for filing
the final report and account, the receiver or assignee shall file a certificate of mailing.
MARYLAND RULES
Md. Rule 13-203 (2012)
Rule 13-203. Schedule
(a) Preparation and filing by debtor. Within fifteen days after the court appoints a receiver or
assumes jurisdiction over the estate of an assignee, the debtor shall prepare and file with the
clerk a schedule of property and debts under oath.
(b) Form of schedule. The debtor's schedule shall be in substantially the following form:
[CAPTION]
SCHEDULE OF PROPERTY AND DEBTS
Name of Debtor
Residence Address
Occupation/Nature of Business
Business Address
attached schedule are true to the best of my knowledge, information, and
belief.
Date Signature of Debtor
A. Property of debtor.
Amount of
Nature and Estimated Lien or
Description Location Market Value Encumbrance
B. Debts and taxes owed by debtor.
Name and Security Whether Nature Amount

address held by claim is of and due or
of creditor creditor, contingent, consider- claimed
including if any unliquidate ation for
taxing d,
authority or disputed the debt
1. Priority Claims
A. Taxes
B. Wages
C. Other
2. Secured
Creditors
3. General Unsecured
Creditors
C. Recent transfers.
1. Did the Debtor transfer or dispose of any property, other than in the ordinary course of
business, to a spouse during the three years immediately preceding the making of the assignment
for the benefit of creditors or the appointment of the receiver?
Yes No
2. Did the Debtor transfer or dispose of any property, other than in the
ordinary course of business, to anyone other than a spouse during a period of
one year immediately preceding the making of the assignment for the benefit of
creditors or the appointment of the receiver?
Yes No
3. If the answer to either of the above questions is "Yes," give the

following information as to each transfer or disposition:
Transferee and Consideration

Date of transfer relation to Description and disposition
or disposition debtor, if any of property thereof
D. Property claimed as exempt (applies only to individuals).

Nature and Basis for Estimated
description Location exemption market value
(c) Preparation and filing by assignee or receiver. If the debtor fails to file the schedule within
the required time, the receiver or assignee to the extent able to supply the information shall
prepare and file a schedule containing the information required by section (b) of this Rule. The
schedule shall be filed within thirty days after the debtor's required filing date.
(d) Failure of receiver or assignee to file schedule. If a receiver or assignee who is required to
file a schedule fails to do so within the required time, any person having an interest may file a
report of the delinquency with the court. Upon the filing of a report or on its own initiative, the
court may issue an order to the receiver or assignee to show cause in writing on or before a
specified date why the receiver or assignee should not be compelled to file the schedule or be
removed. Unless the court orders otherwise, the specified date shall be 20 days after the date
prescribed for service in the order. The order shall also specify the persons to be served with the
order, the method of service, and, if a hearing is scheduled when the order is issued, the date,
time, and place of the hearing. Unless cause is shown or the schedule is filed, the court shall
remove the receiver or assignee pursuant to Rule 13-701 and may take any action permitted or
(e) Order compelling disclosure; sanction. The court at any time may order the debtor, an officer
or director of the debtor, or any other person who may have information that is necessary for the
completion of the schedule to appear before the court or before an examiner pursuant to Rule 2-
542 and to disclose the information. The debtor, an officer or director of a debtor, or other person
who refuses to comply with an order compelling disclosure may be held in contempt pursuant to
Title 15, Chapter 200 of these Rules.
MARYLAND RULES
CHAPTER 300. EMPLOYMENT OF PROFESSIONALS
Md. Rule 13-301 (2012)
Rule 13-301. Employment of attorney, accountant, appraiser, auctioneer, or other professional
(a) Court approval required. A receiver or assignee shall not employ an attorney, accountant,
appraiser, auctioneer, or other professional without prior approval of the court. With the court's
prior approval, a receiver or assignee may serve as attorney or accountant for the estate.
(b) Application; contents. An application requesting authority to employ an attorney, accountant,

appraiser, auctioneer, or other professional shall be accompanied by the affidavit required by
Rule 13-302 and shall set forth:
(1) the necessity for the employment; and
(2) in the event the schedule required by Rule 13-203 has not been filed, the nature and
approximate amount of the debtor's property and debts.
(c) Prior approval of compensation in certain instances. If the application requesting authority to
employ an attorney, accountant, appraiser, auctioneer, or other professional sets forth in
reasonable detail the basis for the proposed compensation of the person to be employed, the
court, by order, may authorize compensation to be paid without further order of court for work
completed within stated limits. This section does not apply to a receiver or assignee who serves
as attorney or accountant for the estate.
MARYLAND RULES
Md. Rule 13-302 (2012)
Rule 13-302. Disclosures by receiver, assignee, and professionals
(a) Required disclosure by affidavit. A receiver or assignee and each attorney, accountant,
appraiser, auctioneer, or other professional to be employed by the assignee or receiver shall file
an affidavit that states the following:
(1) whether the person has, within five years before the date of the appointment of a receiver or
the assumption of jurisdiction over the estate of an assignee, represented or been employed by
the debtor, an insider of the debtor as defined by 11 U.S.C. 101, any secured or unsecured
creditor of the debtor, or an investment banker of the debtor, and the nature of the representation
or employment;
(2) if the debtor, insider, secured or unsecured creditor, or investment banker is a corporation,
association, or partnership, whether the assignee, receiver, accountant, appraiser, auctioneer, or
other professional had, within five years before the date of the appointment of a receiver or the
assumption of jurisdiction over the estate of an assignee, any financial interest in the corporation,
association, or partnership and the extent of the financial interest; and
(3) that the person is not disqualified for any of the reasons set forth in Rule 13-105.
(b) When filed. The affidavit shall be filed:
(1) by an assignee, with the petition;
(2) by a receiver, prior to assuming the duties of office;
(3) by an attorney, accountant, appraiser, auctioneer, or other professional, with the application
requesting authority to employ the person
(c) Supplemental disclosure. A person who has filed an affidavit under this Rule and who learns
that the information in the affidavit is inaccurate or incomplete shall promptly file a
supplemental affidavit.
(d) Penalty for failure to disclose required information. In addition to any other remedies
provided by law, the court, pursuant to Rule 13-701, may remove any person who fails to
disclose any information required to be disclosed by this Rule and may take any action permitted
or required by Rule 13-703.
MARYLAND RULES
Md. Rule 13-303 (2012)
Rule 13-303. Compensation and expenses for receiver, assignee, or professional
(a) Application for allowance of compensation and expenses. Before a receiver, assignee, or
any person performing services for the estate pursuant to Rule 13-301 is paid compensation or
reimbursed for expenses not previously approved by the court, the receiver or assignee shall file
with the court an application for the allowance of compensation and expenses. The application
shall include:
(1) the estimated gross amount of the estate;
(2) the estimated total of the sums to be paid for liens, preferences, and costs of administration;
(3) the estimated approximate sum for distribution among secured, priority, and unsecured
creditors;
(4) a detailed description of the services rendered, time expended, and expenses incurred;
(5) the amount of compensation and expenses requested;
(6) the amount of any compensation or expenses previously allowed by the court;
(7) the amount of any compensation and expenses received from or to be paid by any source
other than the estate; and
(8) a detailed description of any agreement or understanding for a division of the compensation
between the person rendering services and any other person except those specifically permitted
to share in compensation by section (c) of this Rule.
(b) Allowance. The court shall review the application and any evidence presented and shall
determine the appropriate amount of compensation and expenses to be paid to the receiver,
assignee, or person performing services for the receiver or assignee. In determining the amount,
the court is not bound by any compensation or commission fixed in an assignment for the benefit
of creditors or in any other agreement.
(c) Sharing of compensation. Without the express written approval of the court, a receiver,
assignee, or person performing services for a receiver or assignee shall not, in any form or
manner, share or agree to share compensation for services rendered with any person other than a
partner, employer, or regular employee of the person rendering services.
MARYLAND RULES
CHAPTER 400. CLAIMS
Md. Rule 13-401 (2012)
Rule 13-401. Proof of claim
(a) Filing. Any person who wishes to make a claim against the estate of a debtor shall file a
verified proof of claim with the clerk. The proof of claim shall be filed within 120 days after the
date the Notice to Creditors is issued by the clerk.
(b) Form. A proof of claim shall be in substantially the following form with supporting
documentation attached as indicated:
[CAPTION]
CLAIM AGAINST DEBTOR
BY
Name of Claimant
The claimant certifies that the debtor owes the claimant the sum of $ .
The consideration or basis for the debt is .
The debt is:
[ ] an unsecured claim in the amount of $ (attach statement of account,

invoices, promissory notes, or other evidence of claim); or
[ ] a secured claim in the amount of $ (attach evidence of perfection

of security interest).
The undersigned certifies, in accordance with the verification below, that

the debtor is indebted to the claimant in the amount shown, that there is no
security for the debt other than that stated above or in an attachment to this
claim form, that no unmatured interest is included, and that the undersigned
is authorized to make this claim.
[ ] I solemnly affirm under the penalties of perjury and upon personal

knowledge that the contents of the foregoing claim are true; or
[ ] I solemnly affirm under the penalties of perjury that I am employed by

the claimant firm as ;
(insert title)
that the claimant keeps regular books of account; that the keeping of these
books is in my charge or under my supervision; that the entries in these books
were made in the regular course of business; and that the entries show the
facts set forth in this claim.
Name of Claimant Signature of

claimant or
person authorized to make
verifications on behalf of
claimant
Name and Title of Person Address
Signing Claim
Date Telephone Number
Instructions :
If the claim is based upon an obligation owed jointly to two or more
persons, any one of the joint creditors may verify the claim. If the claimant
is a corporation, association, or partnership, any officer, partner, or
authorized agent may verify the claim. If the original and all copies of a
written instrument securing a claim are lost or destroyed, the claimant must
attach a statement explaining the circumstances of the loss or destruction.
(c) Late filed claims.
(1) Before reference to auditor. A proof of claim that is filed late but before any reference to an
auditor for the stating of an account is entitled to the same consideration for distribution as a
timely filed proof of claim.
(2) After reference to auditor. A person who files a proof of claim after reference to an auditor is
not entitled to participate in the next distribution unless the court on application of the claimant
and for good cause shown orders otherwise. If the court permits participation, it may order the
claimant to pay the cost of restating the account if the auditor must do so in whole or in part to
include the claim. A proof of claim filed too late to be included in one or more auditor's
accounts, if allowed, shall be included in any subsequent account, and the claimant is entitled to
receive a distribution on the same basis as those already received by other creditors on prior
accounts. The distribution shall be made before those creditors receive any further distribution.
Thereafter, the claimant shall share with them in any future distributions.
MARYLAND RULES
CHAPTER 400. CLAIMS
Md. Rule 13-402 (2012)
Rule 13-402. Objections to claims
An objection to a proof of claim may be filed at any time before final ratification of the
auditor's account in which the claim is allowed. The grounds for the objection shall be stated
with particularity. The objection shall be served pursuant to Rule 1-321 on the claimant and,
unless the receiver or assignee is the objecting party, on the receiver or assignee. On request, the
claimant or the objecting party is entitled to a hearing.
MARYLAND RULES
CHAPTER 400. CLAIMS
Md. Rule 13-403 (2012)
Rule 13-403. Compromise of claim or dispute
(a) Application. A receiver or assignee may file an application requesting the court to authorize
or ratify a compromise or settlement of any claim or matter relating to an estate.
(b) Ratification. If satisfied that the action is in the best interest of the estate, the court may
authorize or ratify the proposed compromise or settlement and may impose any appropriate
terms and conditions.
MARYLAND RULES
CHAPTER 500. REPORTS AND DISTRIBUTIONS
Md. Rule 13-501 (2012)
Rule 13-501. Reports
(a) Annual and final report; filing. A receiver or assignee shall file an annual report under oath
within 60 days after the end of the reporting period. The reporting period shall be (1) the year
ending on the anniversary of the date upon which the court appointed the receiver or assumed
jurisdiction over the estate; (2) upon notice to the trust clerk, any other one-year period chosen
by the receiver or assignee, provided that the interval between the last report (or appointment or
assumption of jurisdiction) and the report submitted shall not exceed one year; or (3) any other
period ordered by the court. Before any interim or final distribution of the estate may be made,
the receiver or assignee shall file a report for the period from the closing date of the last annual
report until the proposed date on which the estate will be partially or fully distributed.
(b) Form of report. A report shall be in substantially the following form:
[CAPTION]
REPORT OF RECEIVER OR ASSIGNEE
Name of Debtor Name of Receiver or

Assignee
Reporting Period , to , .
(month) (day) (year) (month) (day) (year)
1. Summary of property held in fiduciary capacity at beginning of reporting period:
Nature and Description Estimated

of Property Market Value
2. Changes during the period covered by this report:
A. A. Collections and Receipts, including interest and dividends received:
Amount
Date Description Received
Total Receipts
$
B. Expenditures and distributions:
Amount
Date Description Paid
Total Payments
$
C. Property sold or otherwise transferred:
Court Order Consideration

Date Description Reference Transferee Received
D. Property acquired:
Court Order Consideration

Date Description Reference Transferor Paid
3. Summary of property held in fiduciary capacity at end of reporting period:
Estimated Market
Nature and Description of Property Value
4. Proposed distribution (distribution reports only):
Previous distributions were:
Date Authorized Amount of

by Court Distribution
Total distributions to date:
The amount available for [ ] partial [ ] final distribution is $ .
If the proposed distribution is partial, the amount proposed to be retained

in estate is $ .
(Include in final reports only) All property of the estate has been
accounted for and the undersigned knows of no debts incurred during the
administration of the estate other than those which have been paid or which
are reflected in this Report.
(Include in all reports) I solemnly affirm under the penalties of perjury

that the contents of this Report are true to the best of my knowledge,
Date:
Receiver/Assignee
Address
(c) Weekly report if conducting a business. For each calendar week during which the receiver or
assignee conducts the business of the debtor, the receiver or assignee shall also file a report
listing the receipts and disbursements in reasonable detail. The report shall be filed not later than
the third day after the end of the weekly reporting period.
(d) Further accountability. Nothing in this Rule shall be construed to abridge the power of the
court to require a receiver or assignee to submit reports covering periods greater or lesser, or at
times earlier or later, than those prescribed in this Rule or to require the submission of more
detailed information than that which is prescribed in this Rule.
(e) Failure to file reports; penalties.
(1) Order. If a receiver or assignee fails to file a timely annual report, the trust clerk shall inform
the court in writing, and the court shall issue an order to the receiver or assignee to show cause
within 15 days why the receiver or assignee should not be removed. The order shall be served on
the receiver or assignee and a copy sent to the surety on the bond of the receiver or assignee in
accordance with Rule 13-701 (b).
(2) Sanctions. If the receiver or assignee does not comply with the order by filing an answer and
all overdue reports, the court may remove the receiver or assignee pursuant to Rule 13-701 and
may take any action permitted or required by Rule 13-703.
(f) Examination by trust clerk.
(1) Examination of reports. The trust clerk shall examine all reports submitted pursuant to this
Rule, except those referred to an auditor pursuant to Rule 13-502. The trust clerk shall determine
whether all of the required information has been submitted and whether the amount of and surety
on the bond of the receiver or assignee are sufficient to protect the estate.
(2) Examination of property not required. Unless the court orders otherwise, the trust clerk need
not examine the property of the estate.
(3) Report and recommendation. The trust clerk shall (A) report any irregularities in the report to
the court, (B) bring to the court's attention any other matter that the trust clerk considers
appropriate, and (C) make any appropriate recommendation.

MARYLAND RULES
Md. Rule 13-502 (2012)

Rule 13-502. Referral to auditor
(a) When required. The court shall refer to an auditor pursuant to Rule 2-543 all papers filed
for the purpose of making a partial or final distribution of the estate.
(b) Action by auditor. The auditor shall audit a final or interim distribution report filed pursuant
to Rule 13-501 and shall state an account setting forth the distribution of the estate.
(c) Notice by auditor.
(1) To whom given. The auditor shall give notice by first class mail, postage prepaid, to the
debtor, the receiver or assignee, and each creditor who has filed a claim in the proceedings that
an auditor's account has been stated.
(2) Contents. In addition to the requirements of Rule 2-543, the notice by the auditor shall
contain the following information:
(A) the total amount of property stated in the account;
(B) the total amount of approved liens and priorities;
(C) the total costs of administration, including as separate items the court costs and the
compensation of the receiver, assignee, or person employed as a professional;
(D) the amount available for distribution to general creditors;
(E) the percentage of the creditor's claim to be paid; and
(F) whether the distribution is final or partial.
(d) Interim distribution. On application of the receiver, assignee, or other person in interest, the
court may direct such partial distribution as may be safely made from the money in the hands of
the receiver or assignee to those creditors whose claims are not in dispute, reserving sufficient
assets to secure, after final settlement of all claims, a proportionate distribution among all
creditors whose claims are finally allowed.
MARYLAND RULES
Md. Rule 13-503 (2012)
Rule 13-503. Distribution
(a) Final ratification required. Until the final account has been audited pursuant to Rule 13-502
and finally ratified by the court, a final distribution shall not be made to creditors, the estate shall
not be closed, and any bond of the receiver or assignee shall not be released.
(b) Payment. Promptly after final ratification of an auditor's account in which a distribution to
creditors has been stated, the receiver or assignee shall make distribution as stated in the account.
(c) Minimum Dividend. Unless the court orders otherwise, the assignee or receiver shall not
distribute to a creditor a dividend in an amount less than $ 5.00, but shall treat the dividend as
unclaimed funds under section (d) of this Rule.
(d) Disposition of unclaimed distributions. The receiver or assignee shall pay into court any
distributions that remain unclaimed for ninety days after final ratification of the auditor's final
distribution account. The receiver or assignee shall file a list of the names and last known
addresses of persons who have not claimed distributions, showing the amount of each person's
distribution. The clerk shall issue a receipt for the payment, and the receipt shall release and
discharge the receiver or assignee making the payment. Thereafter, the unclaimed distributions
shall be subject to escheat as provided by law.

MARYLAND RULES
CHAPTER 600. ABANDONMENT OF PROPERTY AND RECORDS
Md. Rule 13-601 (2012)
Rule 13-601. Abandonment of property and records
(a) Abandonment of property. On application of a receiver, an assignee, or a creditor, the court

may order the abandonment of any property of the debtor that is worthless, overburdened, or
otherwise of inconsequential value and benefit to the estate.
(b) Abandonment or destruction of books and records.
(1) Application. After the final ratification of an auditor's account that provides for the final
distribution of the estate, the receiver or assignee may apply to the court for permission to
destroy, return to the debtor, or otherwise dispose of all or part of the books and records of the
debtor or of the estate.
(2) Notice to debtor and tax authorities. Notice of the application shall be given by first class
mail, postage prepaid, to the Commissioner of Internal Revenue of the United States, the
Comptroller of the Treasury of the State of Maryland, and the debtor at the debtor's last known
address. If an objection is filed within 30 days after notice is given, the court shall hold a
hearing.
Committee note. -- This Rule does not address the consequences of destruction of books and
records under state and federal revenue laws.
(3) Order. For good cause shown, the court may authorize the receiver or assignee to destroy,
return to the debtor, or otherwise dispose of all or part of the books and records of the debtor or
of the estate by or after a date fixed in the order.
MARYLAND RULES
CHAPTER 700. REMOVAL AND RESIGNATION
Md. Rule 13-701 (2012)
Rule 13-701. Removal of assignee, receiver, or professional
(a) On court's own initiative; by petition. The court or any person having an interest in the
estate may initiate proceedings to remove a receiver, assignee, or any person employed as a
professional by the receiver or assignee. The court may initiate removal proceedings by filing an
order pursuant to section (b) of this Rule and shall state in the order the reasons for the proposed
removal. An interested person may initiate removal proceedings by filing a petition that shall
state the reasons for the requested removal and may include a request for the appointment of a
successor receiver, assignee, or professional.
(b) Show cause order; service. If removal proceedings are initiated, the court shall order the
receiver, assignee, or professional to show cause why the receiver, assignee, or professional
should not be removed or be subject to other sanctions. The order, together with a copy of any
petition, shall be served pursuant to Rule 2-121 on the person sought to be removed or, if it is
shown by affidavit that the whereabouts of the person sought to be removed are unknown and
that reasonable efforts have been made in good faith to locate the person, the court may order
service pursuant to Rule 2-122. Copies of the show cause order and any petition shall also be
sent by first class mail, postage prepaid, to the surety on the bond of the receiver or assignee and
to any other persons directed by the court.
(c) Disposition. After a hearing and for cause, including ineligibility, the court may remove a
receiver, assignee, or professional.
MARYLAND RULES
Md. Rule 13-702 (2012)
Rule 13-702. Resignation of receiver or assignee
(a) Petition. A receiver may file a petition for permission to resign in the court in which the
receiver was appointed. An assignee may file a petition to resign in the court in which a petition
to assume jurisdiction of the estate has been filed. The petition shall state the reasons for the
proposed resignation and may include a request for the appointment of a successor receiver or
assignee.
(b) Report to be filed. The receiver or assignee shall file with the petition a report pursuant to
Rule 13-501 for any period not covered in an annual report previously filed or, if no annual
report has been filed, from the date the receiver or assignee took charge of the estate.
(c) Notice. The receiver or assignee shall mail a copy of the petition by first class mail, postage
prepaid, to those interested persons designated by the court.
(d) Termination of appointment. The resignation of a receiver or assignee does not terminate the
appointment until the resignation has been approved by the court.
(e) Proceedings. The court may grant or deny the requested relief with or without a hearing. In an
order granting the petition, the court may specify any conditions for the acceptance of the
resignation that the nature of the case may require.
HISTORY: (Amended March 9, 2010, effective July 1, 2010.)
MARYLAND RULES
Md. Rule 13-703 (2012)
Rule 13-703. Appointment of successors; forfeiture of compensation
When a receiver, assignee, or professional dies, resigns, or is removed, the court may appoint
a successor on its own initiative or on the petition of any person having an interest. The court
shall order that all appropriate papers, records, and property be turned over to the successor and
may order that a removed or resigning receiver or assignee file any report required by Rule 13-
501. The court may order the person removed to forfeit any future compensation and return any
compensation for services previously rendered.
MARYLAND RULES
TITLE 14. SALES OF PROPERTY
Md. Rule 14-101 (2012)
Rule 14-101. Location of public sale of interest in real property
Unless the court orders otherwise, a public sale of an interest in real property conducted
pursuant to the Rules in this Title shall (a) take place in the county in which the property is
located and (b) if the property is located in more than one county, take place in the county in
which the action is pending. The sale shall be conducted immediately outside the courthouse
entrance, on the property being sold, or at any other place ordered by the court.
HISTORY: (Added Feb. 10, 2009, effective May 1, 2009.)

MARYLAND RULES
Md. Rule 14-102 (2012)
Rule 14-102. Judgment awarding possession
(a) Motion.
(1) If the purchaser of an interest in real property at a sale conducted pursuant to the Rules in
this Title is entitled to possession and the person in actual possession fails or refuses to deliver
possession, the purchaser or a successor in interest who claims the right of immediate possession
may file a motion for judgment awarding possession of the property.
(2) The motion shall state the legal and factual basis for the movant's claim of entitlement to
possession.
(3) If the movant's right to possession arises from a foreclosure sale of a dwelling or residential
property, the motion shall include averments, based on a reasonable inquiry into the occupancy
status of the property and made to the best of the movant's knowledge, information, and belief,
establishing either that the person in actual possession is not a bona fide tenant having rights
under the Federal Protecting Tenants at Foreclosure Act of 2009 (P.L. 111-22) or Code, Real
Property Article,7-105.6 or, if the person in possession is such a bona fide tenant, that the notice
required under these laws has been given and that the tenant has no further right to possession. If
a notice pursuant to the Federal Act or Code, Real Property Article, 7-105.6 is required, the
movant shall state the date the notice was given and attach a copy of the notice as an exhibit to
the motion.
Committee note. -- Unless the purchaser is a foreclosing lender or there is waste or other
circumstance that requires prompt remediation, the purchaser ordinarily is not entitled to
possession until the sale has been ratified and the purchaser has paid the full purchase price and
received a deed to the property. See Legacy Funding v. Cohn, 396 Md. 511 (2007) and Empire v.
Hardy, 386 Md. 628 (2005).
The Federal Protecting Tenants at Foreclosure Act of 2009 (P.L. 111-22) requires that a
purchaser at a foreclosure sale of a dwelling or residential property give a 90-day notice to a
"bona fide tenant" before any eviction and precludes the eviction if the tenant has a "bona fide
lease or tenancy," unless the new owner of the property will occupy the property as a primary
residence.
(b) Affidavit and notice. The motion shall be accompanied by:

(1) an affidavit that states:
(A) the name of the person in actual possession, if known;
(B) the actions taken to conduct a reasonable inquiry into the occupancy status of the property;
(C) whether the person in actual possession was a party to the action that resulted in the sale or
to the instrument that authorized the sale;
(D) if the purchaser paid the full purchase price and received a deed to the property, the date the
payment was made and the deed was received; and
(E) if the purchaser has not paid the full purchase price or has not received a deed to the
property, the factual basis for the purchaser's claim of entitlement to possession; and
(2) if the person in actual possession was not a party to the action or instrument, a notice
advising the person that any response to the motion must be filed within 30 days after being
served or within any applicable longer time prescribed by Rule 2- 321 (b) for answering a
complaint. A copy of Rule 2-321 (b) shall be attached to the notice.
(c) No show cause order, summons, or other process. The court shall not issue a show cause
order, summons, or other process by reason of the filing of a motion pursuant to this Rule.
(d) Service and response.
(1) On whom. The motion and all accompanying documents shall be served on the person in
actual possession and on any other person affected by the motion.
(2) Party to action or instrument.
(A) If the person to be served was a party to the action that resulted in the sale or to the
instrument that authorized the sale, the motion shall be served in accordance with Rule 1-321.
(B) Any response shall be filed within the time set forth in Rule 2-311.
(3) Not a party to action or instrument.
(A) If the person to be served was not a party to the action that resulted in the sale or a party to
the instrument that authorized the sale, the motion shall be served:
(i) by personal delivery to the person or to a resident of suitable age and discretion at the
dwelling house or usual place of abode of the person, or
(ii) if on at least two different days a good faith effort was made to serve the person under
subsection (d)(3)(A)(i) of this Rule but the service was not successful, by (a) mailing a copy of
the motion by certified and first-class mail to the person at the address of the property and (b)
posting in a conspicuous place on the property a copy of the motion, with the date of posting
conspicuously written on the copy.
(B) Any response shall be filed within the time prescribed by sections (a) and (b) of Rule 2-321
for answering a complaint. If the person asserts that the motion should be denied because the
person is a bona fide tenant having a right of possession under the Federal Protecting Tenants at
Foreclosure Act of 2009 (P.L. 111-22), or Code, Real Property Article, 7-105.6, the response
shall (i) state the legal and factual basis for the assertion and (ii) be accompanied by a copy of
any bona fide lease or documents establishing the existence of such a lease or state why the lease
or documents are not attached.
(4) Judgment of possession. If a timely response to the motion is not filed and the court finds that
the motion complies with the requirements of sections (a) and (b) of this Rule, the court may
enter a judgment awarding possession.
(e) Residential property; notice and affidavit. After entry of a judgment awarding possession of
residential property as defined in Rule 14-202 (i), but before executing on the judgment, the
purchaser shall:
(1) send by first-class mail the notice required by Code, Real Property Article, 7-105.9 (d)
addressed to "All Occupants" at the address of the property; and
(2) file an affidavit that the notice was sent.
HISTORY: (Added Feb. 10, 2009, effective May 1, 2009; amended June 16, 2009, effective
June 17, 2009; amended June. 7, 2010, effective July 1, 2010.)
MARYLAND RULES
CHAPTER 200. FORECLOSURE OF LIEN INSTRUMENTS
Md. Rule 14-201 (2012)
Rule 14-201. Applicability; Other Remedies
(a) Applicability. The Rules in this Chapter apply to foreclosures under lien instruments and
statutory liens.
(b) Not exclusive remedy; exception. The foreclosure procedure set forth in the Rules in this
Chapter does not preclude other remedies available by law, except that the procedure is the sole
remedy for the repossession of property sold under a land installment contract executed pursuant
to Code, Real Property Article, Title 10, Subtitle 1 or its statutory predecessor.

MARYLAND RULES
Md. Rule 14-202 (2012)
In the Rules in this Chapter, the following definitions apply except as expressly otherwise
(a) Assent to a decree. "Assent to a decree" means a provision in a lien instrument assenting, in
the event of a specified default, to the entry of an order for the sale of the property subject to the
lien.
(b) Borrower. "Borrower" means:
(1) a mortgagor;
(2) a grantor of a deed of trust;
(3) any person liable for the debt secured by the lien;
(4) a maker of a note secured by an indemnity deed of trust;
(5) a purchaser under a land installment contract;
(6) a person whose property is subject to a lien under Code, Real Property Article, Title 14,
Subtitle 2 (Maryland Contract Lien Act); and
(7) a leasehold tenant under a ground lease, as defined in Code, Real Property Article, 8-402.3
(a)(6).
(c) Debt. "Debt" means a monetary obligation secured by a lien.
(d) Final Loss Mitigation Affidavit. "Final loss mitigation affidavit" means an affidavit
substantially in the form prescribed by regulation adopted by the Commissioner of Financial
Regulation that:
(1) is made by a person authorized to act on behalf of a secured party to a mortgage or deed of
trust on residential property that is the subject of a foreclosure action;
(2) certifies the completion of the final determination of loss mitigation analysis in connection
with the mortgage or deed of trust or states why no loss mitigation analysis is required; and
(3) if a loan modification or other loss mitigation was denied, provides an explanation for the
denial.
Committee note. -- The Committee believes that a final loss mitigation affidavit should be filed
in every action seeking foreclosure of a lien on residential property, whether or not the property
is owner-occupied. If the affiant has determined that the property is not owner-occupied
residential property and, therefore, no loss mitigation analysis is required, the affiant should so
state. See Rule 14-207(b)(7). The definition set forth in Code, Real Property Article, 7-105.1 is
supplemented to include this requirement, and it is clarified to include the requirement that the
form of affidavit be substantially in the form prescribed by regulation adopted by the
Commissioner of Financial Regulation. Other modifications to the definition are stylistic only.
If the property is owner-occupied residential property but the secured party, such as an individual
purchase-money mortgagee, is not required to provide or participate in a loss mitigation
program, the affiant should so state as an explanation for the denial of a loan modification or
other loss mitigation.
Cross references. -- See Chapter 485, Laws of 2010 (HB 472), Section 4 (3)(i) for the form of
Final Loss Mitigation Affidavit required prior to the adoption of regulations by the
Commissioner of Financial Regulation.
(e) Foreclosure Mediation. "Foreclosure mediation" means a conference at which the parties in a
foreclosure action, their attorneys, additional representatives of the parties, or a combination of
those persons appear before an impartial individual to discuss the positions of the parties in an
attempt to reach agreement on a loss mitigation program for the mortgagor or grantor.
Committee note. -- This is the definition stated in Code, Real Property Article, 7-105.1 (a)(3).
Code, Real Property Article, 7-105.1 (i), (j), (k), and (l) require that the foreclosure mediation
be conducted by the Office of Administrative Hearings.
(f) Lien. "Lien" means a statutory lien or a lien upon property created or authorized to be created
by a lien instrument.
(g) Lien instrument. "Lien instrument" means any instrument creating or authorizing the creation
of a lien on property, including:
(1) a mortgage;
(2) a deed of trust;
(3) a land installment contract, as defined in Code, Real Property Article 10-101(b);
(4) a contract creating a lien pursuant to Code, Real Property Article, Title 14, Subtitle 2;
(5) a deed or other instrument reserving a vendor's lien; or
(6) an instrument creating or authorizing the creation of a lien in favor of a homeowners'

association, a condominium council of unit owners, a property owners' association, or a
community association.
(h) Loss Mitigation Analysis. "Loss mitigation analysis" means an evaluation of the facts and
circumstances of a loan secured by owner-occupied residential property to determine:
(1) whether a mortgagor or grantor qualifies for a loan modification; and
(2) if there will be no loan modification, whether any other loss mitigation program may be
made available to the mortgagor or grantor.
(i) Loss Mitigation Program. "Loss mitigation program" means an option in connection with a
loan secured by owner-occupied residential property that:
(1) avoids foreclosure through a loan modification or other changes to existing loan terms that
are intended to allow the mortgagor or grantor to stay in the property;
(2) avoids foreclosure through a short sale, deed in lieu of foreclosure, or other alternative that is
intended to simplify the relinquishment of ownership of the property by the mortgagor or
grantor; or
(3) lessens the harmful impact of foreclosure on the mortgagor or grantor.
(j) Owner-Occupied Residential Property. "Owner-occupied residential property" means

residential property in which at least one unit is occupied by an individual who has an ownership
interest in the property and uses the property as the individual's primary residence.
(k) Power of sale. "Power of sale" means a provision in a lien instrument authorizing, in the
event of a specified default, a sale of the property subject to the lien.
(l) Preliminary Loss Mitigation Affidavit. "Preliminary loss mitigation affidavit" means an
affidavit substantially in the form prescribed by regulation adopted by the Commissioner of
Financial Regulation that:
(1) is made by a person authorized to act on behalf of a secured party to a mortgage or deed of
trust on owner-occupied residential property that is the subject of a foreclosure action;
(2) certifies the status of an incomplete loss mitigation analysis in connection with the mortgage
or deed of trust; and
(3) includes reasons why the loss mitigation analysis is incomplete.
Cross references. -- See Chapter 485, Laws of 2010 (HB 472), Section 4 (3)(ii) for the form of
Preliminary Loss Mitigation Affidavit required prior to the adoption of regulations by the
Commissioner of Financial Regulation.
(m) Property. "Property" means real and personal property of any kind located in this State,
including a condominium unit and a time share unit.
(n) Record owner. "Record owner" of property means a person who as of 30 days before the date
of providing a required notice holds record title to the property or is the record holder of the
rights of a purchaser under a land installment contract.
(o) Residential property. "Residential property" means real property with four or fewer single
family dwelling units that are designed principally and are intended for human habitation. It
includes an individual residential condominium unit within a larger structure or complex,
regardless of the total number of individual units in that structure or complex. "Residential
property" does not include a time share unit.
Cross references. -- See Code, Real Property Article, 7-105.1(a).
(p) Sale. "Sale" means a foreclosure sale.
(q) Secured party. "Secured party" means any person who has an interest in property secured by
a lien or any assignee or successor in interest to that person. The term includes:
(1) a mortgagee;
(2) the holder of a note secured by a deed of trust or indemnity deed of trust;
(3) a vendor under a land installment contract or holding a vendor's lien;
(4) a person holding a lien under Code, Real Property Article, Title 14, Subtitle 2;
(5) a condominium council of unit owners;
(6) a homeowners' association;
(7) a property owners' or community association; and
(8) a ground lease holder, as defined in Code, Real Property Article, 8-402.3 (a)(3).
The term does not include a secured party under Code, Commercial Law Article, 9-102 (a)(3).
(r) Statutory lien. "Statutory lien" means a lien on property created by a statute providing for
foreclosure in the manner specified for the foreclosure of mortgages, including a lien created
pursuant to Code, Real Property Article, 8-402.3(d).
June 17, 2009; amended June. 7, 2010, effective July 1, 2010.)
MARYLAND RULES
Md. Rule 14-203 (2012)
Rule 14-203. Venue and attachment of jurisdiction
(a) Venue. An action to foreclose a lien shall be filed in the county in which all or any part of
the property subject to the lien is located.
(b) Attachment of jurisdiction. The court's jurisdiction over the property subject to the lien
attaches when an action to foreclose is filed.

MARYLAND RULES
Md. Rule 14-204 (2012)
Rule 14-204. Institution of action
(a) Who may file.
(1) Under power of sale. Subject to compliance with subsection (a)(3) of this Rule, any
individual authorized to exercise a power of sale may institute an action to foreclose the lien.
(2) Under assent to decree. A secured party may file an action to foreclose the lien under an
assent to a decree, except that an action to foreclose a deed of trust shall be instituted by the
beneficiary of the deed of trust, any trustee appointed in the deed, or any successor trustee.
(3) Fractional owners of debt. Except when the lien instrument is a deed of trust, a power of sale
may not be exercised, and the court may not enter an order for a sale under an assent to a decree,
unless the power is exercised or application for an order is made or consented to by the holders
of 25% or more of the entire debt due under the lien instrument.
(b) Priority of actions. If more than one party is authorized under these Rules to file an action to
foreclose a lien, the first such party to file an action acquires the exclusive right to foreclose.
MARYLAND RULES
Md. Rule 14-205 (2012)

Rule 14-205. Conditions precedent to the filing of an action
(a) Generally. An action to foreclose may not be filed unless (1) the instrument creating or
giving notice of the existence of the lien has been filed for record, and (2) there is a default that
lawfully allows a sale.
Cross references. -- Code, Real Property Article, Title 14, Subtitle 2 (Maryland Contract Lien
Act).
(b) Foreclosure of liens on residential property. Unless otherwise ordered by the court pursuant
to Rule 14-206, an action to foreclose a lien on residential property may not be filed until the
later of (1) 90 days after a default for which the lien instrument lawfully allows a sale, or (2) 45
days after the notice of intent to foreclose required by Code, Real Property Article, 7-105.1(c),
together with all items required by that section to accompany the notice, has been sent in the
manner required by that section.
Cross references. -- For the form of the notice and any other information that the Commissioner
of Financial Regulation requires, see COMAR 09.03.12.01 et seq.
(c) Land installment contract.
(1) Notice. An action to foreclose a land installment contract on property other than residential
property may not be filed until at least 30 days after the secured party has served written notice
on the borrower, the record owner of the property, and, if different, the person in possession at
the address of the property. The notice shall describe the default with particularity and state that
foreclosure proceedings will be filed on or after a designated day, not less than 30 days after
service of the notice, unless the default is cured prior to that day.
(2) Method of service. The secured party shall serve the notice required by subsection (1) of this
section by (A) certified and first-class mail to the last known address of the person or (B)
personal delivery to the person or to a resident of suitable age and discretion at the dwelling
house or usual place of abode of the person.
HISTORY: (Added Feb. 10, 2008, effective May 1, 2009; amended June. 7, 2010, effective July
1, 2010.)
MARYLAND RULES
Md. Rule 14-206 (2012)
Rule 14-206. Petition for immediate foreclosure against residential property
(a) Right to file. A secured party may file a petition to be excused from the time and notice
requirements of Code, Real Property Article, 7-105.1(b) and (c) and Rule 14-205(b) and for
leave to file an action for immediate foreclosure of a lien against residential property if:
(1) the debt secured by the lien instrument was obtained by fraud or deception;
(2) no payments have ever been made on the debt;
(3) the property subject to the lien has been destroyed; or
(4) the default occurred after all stays have been lifted in a bankruptcy proceeding.
(b) Contents of petition. A petition filed under this Rule shall state with particularity the facts
alleged in support of the petition and shall be under oath or supported by affidavit.
(c) Notice to borrower and record owner. The secured party shall send by certified and first-class
mail a copy of the petition and all papers attached to it to each borrower and record owner of the
property at the person's last known address, and, if the person's last known address is not the
address of the property, to the person at the address of the property. The mailing shall include a
notice that the addressee may file a response to the petition within 10 days after the date of the
mailing. Promptly after the mailing, the secured party shall file an affidavit that states with
particularity how compliance with this section was accomplished, including the date on which
the petition was mailed and the names and addresses of the persons to whom it was mailed.
(d) Response.
(1) Procedure. Within 10 days after the mailing pursuant to section (c) of this Rule, a borrower or
record owner of the property may file a written response. The response shall state with
particularity any defense to the petition and shall be under oath or supported by affidavit. A
person who files a response shall serve a copy of the response and any supporting documents on
the petitioner by first-class mail, and shall file proof of such service with the response.
Cross references. -- See Rules 1-321(a) and 1-323.
(2) Non-waiver if no timely response filed. A person's failure to file a timely response to the
petition does not waive the person's right to raise any defense in the action to foreclose, including
a defense based upon noncompliance with the time or notice requirements of Code, Real
Property Article, 7-105.1(b) and (c).
(e) Hearing. The court may not grant the petition without a hearing if a response presents a
genuine dispute of material fact as to whether the petitioner is entitled to the relief requested.
Otherwise, the court may grant or deny the petition without a hearing.
(f) Filing of order to docket or complaint. An order to docket or complaint to foreclose shall be
filed in the same action as the petition.
1, 2010.)
MARYLAND RULES
Md. Rule 14-207 (2012)
Rule 14-207. Pleadings; service of certain affidavits, pleadings, and papers
(a) Pleadings allowed.
(1) Power of sale. An action to foreclose a lien pursuant to a power of sale shall be commenced
by filing an order to docket. No process shall issue.
(2) Assent to a decree or lien instrument with no power of sale or assent to a decree. An action to
foreclose a lien pursuant to an assent to a decree or pursuant to a lien instrument that contains
neither a power of sale nor an assent to a decree shall be commenced by filing a complaint to
foreclose. If the lien instrument contains an assent to a decree, no process shall issue.
(3) Lien instrument with both a power of sale and assent to a decree. If a lien instrument contains
both a power of sale and an assent to a decree, the lien may be foreclosed pursuant to either.
(b) Exhibits. A complaint or order to docket shall include or be accompanied by:
(1) a copy of the lien instrument supported by an affidavit that it is a true and accurate copy, or,
in an action to foreclose a statutory lien, a copy of a notice of the existence of the lien supported
by an affidavit that it is a true and accurate copy;
Cross references. -- See Code, Real Property Article, 7-105.1 (d-1) concerning the contents of
a lost note affidavit in an action to foreclose a lien on residential property.
(2) an affidavit by the secured party, the plaintiff, or the agent or attorney of either that the
plaintiff has the right to foreclose and a statement of the debt remaining due and payable;
(3) a copy of any separate note or other debt instrument supported by an affidavit that it is a true
and accurate copy and certifying ownership of the debt instrument;
(4) a copy of any assignment of the lien instrument for purposes of foreclosure or deed of
appointment of a substitute trustee supported by an affidavit that it is a true and accurate copy of
the assignment or deed of appointment;
(5) with respect to any defendant who is an individual, an affidavit in compliance with 521 of
the Servicemembers Civil Relief Act, 50 U.S.C. app. 501 et seq.;
(6) a statement as to whether the property is residential property and, if so, statements in
boldface type as to whether (A) the property is owner-occupied residential property, if known,
and (B) a final loss mitigation affidavit is attached;
(7) if the property is residential property that is not owner-occupied residential property, a final
loss mitigation affidavit to that effect;
(8) in an action to foreclose a lien instrument on residential property, to the extent not produced
in response to subsections (b)(1) through (b)(7) of this Rule, the information and items required
by Code, Real Property Article, 7-105.1(d), except that (A) if the name and license number of
the mortgage originator and mortgage lender is not required in the notice of intent to foreclose,
the information is not required in the order to docket or complaint to foreclose; and (B) if the
mortgage loan is owned, securitized, insured, or guaranteed by the Federal National Mortgage
Association, Federal Home Loan Mortgage Corporation, or Federal Housing Administration, or
if the servicing agent is participating in the federal Making Home Affordable Modification
Program (also known as "HAMP"), providing documentation as required by those programs
satisfies the requirement to provide a description of the eligibility requirement for the applicable
loss mitigation program; and
Committee note. -- Subsection (b)(8) of this Rule does not require the filing of any information
or items that are substantially similar to information or items provided in accordance with
subsections (b)(1) through (b)(7). For example, if a copy of a deed of appointment of substitute
trustee, supported by an affidavit that it is a true and accurate copy, is filed, it is not necessary to
file the original or a clerk-certified copy of the deed of appointment.
Cross references. -- For the required form and sequence of documents, see Code, Real Property
Article, 7-105.1 (f)(1) and COMAR 09.03.12.01 et seq.
(9) in an action to foreclose a land installment contract on property other than residential
property, an affidavit that the notice required by Rule 14-205 (c) has been given.
Cross references. -- For statutory "notices" relating to liens, see, e.g., Code, Real Property
Article, 14-203 (b).
Committee note. -- Pursuant to subsections (b)(7) and (8) of this Rule, a preliminary or final loss
mitigation affidavit must be filed in all actions to foreclose a lien on residential property, even if
a loss mitigation analysis is not required.
(c) Service of certain affidavits, pleadings, and papers. Any affidavit, pleading, or other paper
that amends, supplements, or confirms a previously filed affidavit, pleading, or other paper shall
be served on each party, attorney of record, borrower, and record owner in accordance with the
methods provided by Rule 1-321, regardless of whether service of the original affidavit,
pleading, or paper was required.
HISTORY: (Added February 10, 2009, effective May 1, 2009; amended June 7, 2010, effective
July 1, 2010; amended October 20, 2010, effective October 20, 2010; amended October 11,
2011, effective November 1, 2011.)
MARYLAND RULES
Md. Rule 14-207.1 (2012)
Rule 14-207.1. Court screening
(a) Generally. The court may adopt procedures to screen pleadings and papers filed in an action
to foreclose a lien. If the court determines that the pleadings or papers filed do not comply with
all statutory and Rule requirements, it may give notice to the plaintiff and each borrower, record
owner, party, and attorney of record that the action will be dismissed without prejudice or that
some other appropriate order will be entered by reason of the non-compliance if the plaintiff
does not demonstrate within 30 days that the papers are legally sufficient or that the deficiency
has been cured.
Committee note. -- This Rule prevails over the provision in Rule 1-321 (a) or any other Rule that
purports, where a party is represented by an attorney, to permit service on only the attorney. This
Rule requires service on both.
(b) Review of affidavits.
(1) In this section, "affidavit" includes any attestation or certification by an attorney, borrower,
record owner, party, or agent of the attorney, borrower, record owner, or party concerning the
truth or accuracy of a pleading or paper.
Cross references. -- See Rule 1-202 (b) for a general definition of "affidavit."
(2) If the court has reason to believe that an affidavit filed in the action may be invalid because
the affiant has not read or personally signed the affidavit, because the affiant does not have a
sufficient basis to attest to the accuracy of the facts stated in the affidavit, or, if applicable,
because the affiant did not appear before the notary as stated, the court may order the party to
show cause why the affidavit should not be stricken, and, if it is stricken, why the action should
not be dismissed or other relief granted.
(3) As part of the show cause order, the court may order that the affiant and any notary appear
before the court at a time stated in the order for the affiant to attest under penalty of perjury that
the affiant read and personally signed the affidavit and had a sufficient basis to attest to the
accuracy of the facts stated in the affidavit, and, if applicable, for the affiant and the notary to
attest that the affiant appeared before the notary and made the oath stated.
(4) A copy of the order shall be sent to the plaintiff and to each borrower, record owner, party,
and attorney of record, together with a notice that they may appear and examine the affiant and
notary. The court may further require that the plaintiff serve the order and any response thereto
on each borrower, record owner, party, and attorney of record.
Cross references. -- See Rule 1-341.
(c) Special masters or examiners. The court may designate one or more qualified Maryland
lawyers to serve as a part-time special master or examiner to screen pleadings and papers under
section (a) of this Rule, conduct proceedings under section (b) of this Rule, and make appropriate
recommendations to the court. Subject to section (d) of this Rule, the costs and expenses of the
special master or examiner may be assessed against one or more of the parties pursuant to Code,
Courts Article, 2-102 (c), Rule 2-541 (i), or Rule 2-542 (i). With his or her consent, the special
master or examiner may serve on a pro bono basis.
(d) Assessment of costs, expenses, and attorney's fees. The costs, expenses, and attorney's fees of
any proceeding under this Rule, including any costs or expense of a special master or examiner
under section (c) of this Rule, shall not be assessed against the borrower or record owner either
directly or as an expense of sale, unless the affidavit in question was filed by or on behalf of the
borrower or record owner.
HISTORY: (Added October 20, 2010, effective October 20, 2010.)
MARYLAND RULES
Md. Rule 14-208 (2012)
Rule 14-208. Subsequent proceedings if no power of sale or assent to a decree
(a) Process and service. When a complaint is filed to foreclose a lien that has neither a power
of sale nor an assent to a decree, process shall issue and be served in accordance with Title 2,
Chapter 100 of these Rules, except that in an action to foreclose a lien on residential property,
service shall be in accordance with Rule 14-209. Except as provided in section (b) of this Rule,
the action shall proceed in the same manner as any other civil action.
(b) Order directing immediate sale. If after a hearing, the court finds that the interests of justice
require an immediate sale of the property that is subject to the lien and that a sale would likely be
ordered as a result of a judgment entered in the action, the court may order a sale of the property
before judgment and shall appoint an individual to make the sale pursuant to Rule 14-214,
provided any applicable requirements of Code, Real Property Article, 7-105.1 have been
satisfied. The court shall order that the proceeds be deposited or invested pending distribution
pursuant to judgment.
HISTORY: (Amended June. 7, 2010, effective July 1, 2010.)

MARYLAND RULES
Md. Rule 14-209 (2012)

Rule 14-209. Service in actions to foreclose on residential property; notice
(a) Service on borrower and record owner by personal delivery. When an action to foreclose a
lien on residential property is filed, the plaintiff shall serve on the borrower and the record owner
a copy of all papers filed to commence the action, accompanied by the documents required by
Code, Real Property Article, 7-105.1 (f). Service shall be accomplished by personal delivery of
the papers or by leaving the papers with a resident of suitable age and discretion at the borrower's
or record owner's dwelling house or usual place of abode.
(b) Service on borrower and record owner by mailing and posting. If on at least two different
days a good faith effort was made to serve a borrower or record owner under section (a) of this
Rule and service was not successful, the plaintiff shall effect service by (1) mailing, by certified
and first-class mail, a copy of all papers filed to commence the action, accompanied by the
documents required by Code, Real Property Article, 7-105.1 (f), to the last known address of
each borrower and record owner and, if the person's last known address is not the address of the
residential property, also to that person at the address of the property; and (2) posting a copy of
the papers in a conspicuous place on the residential property. Service is complete when the
property has been posted and the mailings have been made in accordance with this section.
(c) Notice to all occupants by first-class mail. When an action to foreclose on residential property
is filed, the plaintiff shall send by first-class mail addressed to "All Occupants" at the address of
the property the notice required by Code, Real Property Article, 7-105.9 (b).
(d) If notice required by local law. When an action to foreclose on residential property is filed
with respect to a property located within a county or a municipal corporation that, under the
authority of Code, Real Property Article, 14-126 (c), has enacted a local law requiring notice of
the commencement of a foreclosure action, the plaintiff shall give the notice in the form and
manner required by the local law. If the local law does not provide for the manner of giving
notice, the notice shall be sent by first-class mail.
(e) Affidavit of service, mailing, and notice.
(1) Time for filing. An affidavit of service under section (a) or (b) of this Rule, mailing under
section (c) of this Rule, and notice under section (d) of this Rule shall be filed promptly and in
any event before the date of the sale.
(2) Service by an individual other than a sheriff. In addition to other requirements contained in
this section, if service is made by an individual other than a sheriff, the affidavit shall include the
name, address, and telephone number of the affiant and a statement that the affiant is 18 years of
age or older.
(3) Contents of affidavit of service by personal delivery. An affidavit of service by personal

delivery shall set forth the name of the person served and the date and particular place of service.
If service was effected on a person other than the borrower or record owner, the affidavit also
shall include a description of the individual served (including the individual's name and address,
if known) and the facts upon which the individual making service concluded that the individual
served is of suitable age and discretion.
(4) Contents of affidavit of service by mailing and posting. An affidavit of service by mailing
and posting shall (A) describe with particularity the good faith efforts to serve the borrower or
record owner by personal delivery; (B) state the date on which the required papers were mailed
by certified and first-class mail and the name and address of the addressee; and (C) include the
date of the posting and a description of the location of the posting on the property.
(5) Contents of affidavit of notice required by local law. An affidavit of the sending of a notice
required by local law shall (A) state (i) the date the notice was given, (ii) the name and business
address of the person to whom the notice was given, (iii) the manner of delivery of the notice,
and (iv) a reference to the specific local law of the county or municipal corporation, or both,
requiring the notice and (B) be accompanied by a copy of the notice that was given.
June 17, 2009; amended October 11, 2011, effective November 1, 2011.)
MARYLAND RULES
Md. Rule 14-209.1 (2012)
Rule 14-209.1. Owner-Occupied Residential Property
(a) Applicability. This rule applies to an action to foreclose a lien on residential property that is
owner-occupied residential property, or where it is unknown whether the property is owner-
occupied residential property at the time the action is filed.
(b) Advertising of sale. A sale may not be advertised until 30 days after a final loss mitigation
affidavit is filed, but if a request for foreclosure mediation is filed within that time and not
stricken, a sale may not be advertised until the report from the Office of Administrative Hearings
is filed with the court.
(c) Foreclosure mediation.
(1) Request; transmittal.
(A) Filing of request. The borrower may file a request for foreclosure mediation within the time
allowed by Code, Real Property Article, 7-105.1 (h)(1). The request shall contain the caption of
the case and the names and addresses of the parties and be accompanied by the foreclosure
mediation filing fee required by Code, Real Property Article, 7-105.1 (h)(1)(ii) or a written
request in accordance with Rule 1-325 for an order waiving or reducing the fee. The borrower
shall serve a copy of the request on the other parties. The clerk shall not accept for filing a
request for foreclosure mediation that does not contain a certificate of service or is not
accompanied by the required fee or request for an order waiving or reducing the fee.
Cross references. -- See Rules 1-321 and 1-323. For the Request for Foreclosure Mediation form
prescribed by regulation adopted by the Commissioner of Financial Regulation, see COMAR
09.03.12.05.
(B) Transmittal of request. Subject to section (e) of this Rule, the clerk shall transmit notice of
the request to the Office of Administrative Hearings no later than five days after the request is
filed.
Committee note. -- The transmittal to the Office of Administrative Hearings shall be made within
the time required by subsection (c)(1)(B) of this Rule, regardless of the status of a request for
waiver or reduction of the foreclosure mediation filing fee.
(C) Ruling on request for fee waiver or reduction. The court promptly shall rule upon a request
for an order waiving or reducing the foreclosure mediation filing fee. The court may make its
ruling ex parte and without a hearing. If the court does not waive the fee in its entirety, the court
shall specify in its order the dollar amount to be paid and the amount of time, not to exceed ten
days, within which the sum shall be paid. The order shall direct the clerk to strike the request for
foreclosure mediation if the sum is not paid within the time allowed and, if the request is
stricken, to promptly notify the Office of Administrative Hearings that the request for foreclosure
mediation has been stricken.
(2) Motion to strike request for foreclosure mediation. No later than 15 days after service of a
request for foreclosure mediation, the secured party may file a motion to strike the request. The
motion shall be accompanied by an affidavit that sets forth with particularity reasons sufficient to
overcome the presumption that the borrower is entitled to foreclosure mediation and why
foreclosure mediation is not appropriate.
(3) Response to motion to strike. No later than 15 days after service of the motion to strike, the
borrower may file a response to the motion.
(4) Ruling on motion. After expiration of the time for filing a response, the court shall rule on the
motion, with or without a hearing. If the court grants the motion, the clerk shall notify the Office
of Administrative Hearings that the motion has been granted.
(d) Notification from Office of Administrative Hearings.
(1) If extension granted. If the Office of Administrative Hearings extends the time for
completing foreclosure mediation pursuant to Code, Real Property Article, 7-105.1 (i)(2)(ii), it
shall notify the court no later than 67 days after the court transmitted the request for foreclosure
mediation and specify the date by which mediation shall be completed. If the Office of
Administrative Hearings extends the time for completing foreclosure mediation more than once,
it shall notify the court of each extension and specify the new date by which mediation shall be
completed.
(2) Outcome of foreclosure mediation. Within the time allowed by Code, Real Property Article,
7-105.1 (j)(3), the Office of Administrative Hearings shall file with the court a report that states
(A) whether the foreclosure mediation was held and, if not, the reasons why it was not held, or
(B) the outcome of the foreclosure mediation. The Office of Administrative Hearings promptly
shall provide a copy of the report to each party to the foreclosure mediation.
(e) Electronic transmittals. By agreement between the Administrative Office of the Courts and
the Office of Administrative Hearings, notifications required by this Rule may be transmitted by
electronic means rather than by mail and by a department of the Administrative Office of the
Courts rather than by the clerk, provided that an appropriate docket entry is made of the
transmittal or the receipt of the notification.
(f) Procedure following foreclosure mediation.
(1) If agreement results from foreclosure mediation. If the foreclosure mediation results in an
agreement, the court shall take any reasonable action reasonably necessary to implement the
agreement.
(2) If no agreement. If the foreclosure mediation does not result in an agreement, the secured
party may advertise the sale, subject to the right of the borrower to file a motion pursuant to Rule
14- 211 to stay the sale and dismiss the action.
(3) If foreclosure mediation fails due to the fault of a party.
(A) If the foreclosure mediation is not held or is terminated because the secured party failed to
attend or failed to provide the documents required by regulation of the Commissioner of
Financial Regulation, the court, after an opportunity for a hearing, may dismiss the action.
(B) If the foreclosure mediation is not held or is terminated because the borrower failed to attend
or failed to provide the documents required by regulation of the Commissioner of Financial
Regulation, the secured party may advertise the sale.
HISTORY: (Added June. 7, 2010, effective July 1, 2010; amended October 11, 2011, effective
November 1, 2011.)
MARYLAND RULES
Md. Rule 14-210 (2012)
Rule 14-210. Notice prior to sale

(a) By publication. Before selling property in an action to foreclose a lien, the individual
authorized to make the sale shall publish notice of the time, place, and terms of the sale in a
newspaper of general circulation in the county in which the action is pending. Notice of the sale
of an interest in real property shall be published at least once a week for three successive weeks,
the first publication to be not less than 15 days before the sale and the last publication to be not
more than one week before the sale. Notice of the sale of personal property shall be published
not less than five days nor more than 12 days before the sale.
(b) By certified and first-class mail. Before selling the property subject to the lien, the individual
authorized to make the sale shall also send notice of the time, place, and terms of sale (1) by
certified mail and by first-class mail to (A) the borrower, (B) the record owner of the property,
and (C) the holder of any subordinate interest in the property subject to the lien and (2) by first-
class mail to "All Occupants" at the address of the property. The notice to "All occupants" shall
be in the form and contain the information required by Code, Real Property Article, 7-105.9 (c).
Except for the notice to "All Occupants," the mailings shall be sent to the last known address of
all such persons, including to the last address reasonably ascertainable from a document
recorded, indexed, and available for public inspection 30 days before the date of the sale. The
mailings shall be sent not more than 30 days and not less than ten days before the date of the
sale.
(c) To counties or municipal corporations. In addition to any other required notice, not less than
15 days before the sale, the individual authorized to make the sale shall send written notice to the
county or municipal corporation where the property subject to the lien is located. The notice shall
include the name, address, and telephone number of the individual authorized to make the sale
and the time, place, and terms of sale.
(d) Holders of a subordinate interest. If the individual authorized to make the sale receives actual
notice at any time before the sale that there is a person holding a subordinate interest in the
property and if the interest holder's identity and address are reasonably ascertainable, the
individual authorized to make the sale shall give notice of the time, place, and terms of sale to
the interest holder as promptly as reasonably practicable. The notice may be given in any manner
reasonably calculated to apprise the interest holder of the sale, including by telephone or
electronic transmission. This notice need not be given to anyone to whom notice was sent
pursuant to section (b) of this Rule.
(e) Affidavit of notice by mail. An individual who is required by this Rule to give notice by mail
shall file an affidavit stating that (1) the individual has complied with the mailing provisions of
this Rule or (2) the identity or address of the borrower, record owner, or holder of a subordinate
interest is not reasonably ascertainable. If the affidavit states that an identity or address is not
reasonably ascertainable, the affidavit shall state in detail the reasonable, good faith efforts that
were made to ascertain the identity or address. If notice was given to the holder of a subordinate
interest in the property, the affidavit shall state the date, manner, and content of the notice.
June 17, 2009; June 7, 2011, effective July 1, 2011.)
MARYLAND RULES
Md. Rule 14-211 (2012)
Rule 14-211. Stay of the sale; dismissal of action
(a) Motion to stay and dismiss.
(1) Who may file. The borrower, a record owner, a party to the lien instrument, a person who
claims under the borrower a right to or interest in the property that is subordinate to the lien
being foreclosed, or a person who claims an equitable interest in the property may file in the
action a motion to stay the sale of the property and dismiss the foreclosure action.
Cross references. -- See Code, Real Property Article, 7-101 (a) and 7-301 (f)(1).
(2) Time for filing.
(A) Owner-occupied residential property. In an action to foreclose a lien on owner-occupied

residential property, a motion by a borrower to stay the sale and dismiss the action shall be filed
no later than 15 days after the last to occur of:
(i) the date the final loss mitigation affidavit is filed;
(ii) the date a motion to strike foreclosure mediation is granted; or
(iii) if foreclosure mediation was requested and the request was not stricken, the first to occur of:
(a) the date the foreclosure mediation was held;
(b) the date the Office of Administrative Hearings files with the court a report stating that no
foreclosure mediation was held; or
(c) the expiration of 60 days after transmittal of the borrower's request for foreclosure mediation
or, if the Office of Administrative Hearings extended the time to complete the foreclosure
mediation, the expiration of the period of the extension.
(B) Other property. In an action to foreclose a lien on property, other than owner-occupied
residential property, a motion by a borrower or record owner to stay the sale and dismiss the
action shall be filed within 15 days after service pursuant to Rule 14-209 of an order to docket or
complaint to foreclose. A motion to stay and dismiss by a person not entitled to service under
Rule 14-209 shall be filed within 15 days after the moving party first became aware of the action.
(C) Non-compliance; extension of time. For good cause, the court may extend the time for filing
the motion or excuse non-compliance.
Cross references. -- See Rules 2-311 (b), 1-203, and 1-204, concerning the time allowed for
filing a response to the motion.
(3) Contents. A motion to stay and dismiss shall:
(A) be under oath or supported by affidavit;
(B) state with particularity the factual and legal basis of each defense that the moving party has
to the validity of the lien or the lien instrument or to the right of the plaintiff to foreclose in the
pending action;
Committee note. -- The failure to grant loss mitigation that should have been granted in an action
to foreclose a lien on owner-occupied residential property may be a defense to the right of the
plaintiff to foreclose in the pending action. If that defense is raised, the motion must state
specific reasons why loss mitigation pursuant to a loss mitigation program should have been
granted.
(C) be accompanied by any supporting documents or other material in the possession or control
of the moving party and any request for the discovery of any specific supporting documents in
the possession or control of the plaintiff or the secured party;
(D) state whether there are any collateral actions involving the property and, to the extent
known, the nature of each action, the name of the court in which it is pending, and the caption
and docket number of the case;
(E) state the date the moving party was served or, if not served, when and how the moving party
first became aware of the action; and
(F) if the motion was not filed within the time set forth in subsection (a)(2) of this Rule, state
with particularity the reasons why the motion was not filed timely.
To the extent permitted in Rule 14-212, the motion may include a request for referral to
alternative dispute resolution pursuant to Rule 14-212.
(b) Initial determination by court.
(1) Denial of motion. The court shall deny the motion, with or without a hearing, if the court
concludes from the record before it that the motion:
(A) was not timely filed and does not show good cause for excusing non-compliance with
subsection (a)(2) of this Rule;
(B) does not substantially comply with the requirements of this Rule; or
(C) does not on its face state a valid defense to the validity of the lien or the lien instrument or to
the right of the plaintiff to foreclose in the pending action.
Committee note. -- A motion based on the failure to grant loss mitigation in an action to
foreclose a lien on owner-occupied residential property must be denied unless the motion sets
forth good cause why loss mitigation pursuant to a loss mitigation program should have been
granted is stated in the motion.
(2) Hearing on the merits. If the court concludes from the record before it that the motion:
(A) was timely filed or there is good cause for excusing non-compliance with subsection (a)(2)
of this Rule,
(B) substantially complies with the requirements of this Rule, and
(C) states on its face a defense to the validity of the lien or the lien instrument or to the right of
the plaintiff to foreclose in the pending action, the court shall set the matter for a hearing on the
merits of the alleged defense. The hearing shall be scheduled for a time prior to the date of sale,
if practicable, otherwise within 60 days after the originally scheduled date of sale.
(c) Temporary stay.
(1) Entry of stay; conditions. If the hearing on the merits cannot be held prior to the date of sale,
the court shall enter an order that temporarily stays the sale on terms and conditions that the
court finds reasonable and necessary to protect the property and the interest of the plaintiff.
Conditions may include assurance that (1) the property will remain covered by adequate
insurance, (2) the property will be adequately maintained, (3) property taxes, ground rent, and
other charges relating to the property that become due prior to the hearing will be paid, and (4)
periodic payments of principal and interest that the parties agree or that the court preliminarily
finds will become due prior to the hearing are timely paid in a manner prescribed by the court.
The court may require the moving party to provide reasonable security for compliance with the
conditions it sets and may revoke the stay upon a finding of non-compliance.
(2) Hearing on conditions. The court may, on its own initiative, and shall, on request of a party,
hold a hearing with respect to the setting of appropriate conditions. The hearing may be
conducted by telephonic or electronic means.
(d) Scheduling order. In order to facilitate an expeditious hearing on the merits, the court may
enter a scheduling order with respect to any of the matters specified in Rule 2-504 that are
relevant to the action.
(e) Final determination. After the hearing on the merits, if the court finds that the moving party
has established that the lien or the lien instrument is invalid or that the plaintiff has no right to
foreclose in the pending action, it shall grant the motion and, unless it finds good cause to the
contrary, dismiss the foreclosure action. If the court finds otherwise, it shall deny the motion.
1, 2010; amended October 11, 2011, effective November 1, 2011.)
MARYLAND RULES
Md. Rule 14-212 (2012)
Rule 14-212. Alternative dispute resolution
(a) Applicability. This Rule applies to actions that are ineligible for foreclosure mediation
under Code, Real Property Article, 7- 105.1.
(b) Referral to alternative dispute resolution. In an action in which a motion to stay the sale and
dismiss the action has been filed, and was not denied pursuant to Rule 14-211 (b)(1), the court at
any time before a sale of the property subject to the lien may refer a matter to mediation or
another appropriate form of alternative dispute resolution, subject to the provisions of Rule 17-
103, and may require that individuals with authority to settle the matter be present or readily
available for consultation.
1, 2010.)
MARYLAND RULES
Md. Rule 14-213 (2012)
Rule 14-213. Bond by individual making sale
Before selling property subject to a lien, the individual authorized to make the sale shall file a
bond to the State of Maryland conditioned upon compliance with any court order that may be
entered in relation to the sale of the property or distribution of the proceeds of the sale. Unless
the court orders otherwise, the amount of the bond shall be $ 25,000. If the property is sold to a
person other than the holder of the indebtedness or a person designated by the holder in a writing
filed in the proceeding to take title on the holder's behalf, the individual authorized to make the
sale shall increase the amount of the bond, before the sale is ratified, to the amount of the sale
price as set forth in the report of sale. On application by a person having an interest in the
property or by the individual authorized to make the sale, the court may increase or decrease the
amount of the bond pursuant to Rule 1-402(d).

MARYLAND RULES
Md. Rule 14-214 (2012)
Rule 14-214. Sale
(a) Only by individual. Only an individual may sell property pursuant to the Rules in this
Chapter.
(b) Under power of sale.
(1) Individual authorized to conduct a sale other than under a deed of trust. Except as provided in
subsection (b)(2) of this Rule, a secured party authorized by the lien instrument to make the sale
or any other individual designated by name in the lien instrument to exercise the power of sale
shall conduct the sale.
(2) Individual authorized to conduct a sale under a deed of trust. An individual appointed as
trustee in a deed of trust or as a substitute trustee shall conduct the sale of property subject to a
deed of trust.
(3) Payment terms. A sale of property under a power of sale shall be made upon the payment
terms specified in the lien instrument. If no payment terms are specified in the lien instrument,
the sale shall be made upon payment terms that are reasonable under the circumstances.
(c) Under assent to a decree.
(1) Individual authorized to sell. An individual appointed as a trustee in a lien instrument or as a

substitute trustee shall conduct the sale of property pursuant to an assent to a decree.
(2) Payment terms. A sale of property under an order of court entered pursuant to an assent to a
decree shall be made upon the payment terms provided in the order.
(d) No power of sale or assent to decree.
(1) Individual authorized to sell. If there is no power or sale or assent to a decree in the lien
instrument, or if the lien is a statutory lien, the sale shall be made by an individual trustee
appointed by the court.
(2) Payment terms. The sale shall be made upon payment terms that are reasonable under the
circumstances.
1, 2010.)
MARYLAND RULES
Md. Rule 14-215 (2012)
Rule 14-215. Post-sale procedures
(a) Procedure following sale. The procedure following a sale made pursuant to this Chapter
shall be as provided in Rules 14-305 and 14-306, except that an audit is mandatory.
(b) Resale. If the court sets a sale aside, the court may order that the property be resold by the
individual who made the previous sale or by a special trustee appointed by the court.
(c) Conveyance to purchaser.
(1) When made. After the court has finally ratified a sale and the purchase money has been paid,
the individual making the sale shall convey the property to the purchaser or the purchaser's
assignee. If the conveyance is to the purchaser's assignee, the purchaser shall join in the deed.
(2) Under power of sale -- when vendor and purchaser are the same. If the individual making a
sale and the purchaser at a sale made pursuant to a power of sale are the same person, the court
shall appoint in the order of ratification a trustee to convey the property to the purchaser after
payment of the purchase money. The trustee need not furnish a bond unless the court so provides
in its order.
(3) To substituted purchaser. At any time after the sale and before a conveyance, the court, upon
ex parte application and consent of the purchaser, substituted purchaser, and individual making
the sale, may authorize the conveyance to be made to a substituted purchaser.
MARYLAND RULES
Md. Rule 14-216 (2012)
Rule 14-216. Proceeds of sale
(a) Distribution of surplus. At any time after a sale of property and before final ratification of
the auditor's account, any person claiming an interest in the property or in the proceeds of the
sale of the property may file an application for the payment of that person's claim from the
surplus proceeds of the sale. The court shall order distribution of the surplus equitably among the
claimants.
(b) Deficiency judgment. At any time within three years after the final ratification of the auditor's
report, a secured party or any appropriate party in interest may file a motion for a deficiency
judgment if the proceeds of the sale, after deducting all costs and expenses allowed by the court,
are insufficient to satisfy the debt and accrued interest. If the person against whom the judgment
is sought is a party to the action, the motion shall be served in accordance with Rule 1-321.
Otherwise, the motion shall be served in accordance with Rule 2-121 and shall be accompanied
by a notice advising the person that any response to the motion must be filed within 30 days after
being served or within any applicable longer time prescribed by Rule 2-321(b) for answering a
complaint. A copy of Rule 2-321(b) shall be attached to the notice.

MARYLAND RULES
Md. Rule 14-217 (2012)
Rule 14-217. Release or assignment; insolvency
(a) Release or assignment of claim. A person entitled to release or assign a claim under a lien
may file a written release or assignment of the claim and of any order for the sale of the property
entered in the action. The release or assignment shall be signed and acknowledged before an
individual authorized to take acknowledgments of deeds. The release or assignment shall take
effect at the time of entry on the docket.
(b) Insolvency proceeding -- Effect on foreclosure. When property of an insolvent is subject to a

lien, the institution of or pendency of insolvency proceedings by or against the insolvent under
the laws of this State shall not stay a sale of property pursuant to a foreclosure action instituted
prior to the insolvency proceeding.

MARYLAND RULES
Md. Rule 14-218 (2012)
Rule 14-218. Removal of trustee under a deed of trust
(a) Inapplicable where procedure set forth in lien instrument. The procedure for removal of a
trustee under a deed of trust set forth in this Rule shall not supersede or nullify any procedure for
the removal or substitution of a trustee that may be provided for in the deed of trust.
(b) Motion to remove trustee. When a trustee who has the right to institute a foreclosure action
fails or refuses to do so, or if there is other good cause for the removal of the trustee under a deed
of trust, secured parties holding not less than 25%, or any lesser percentage provided in the deed
of trust, of the beneficial interest under the deed of trust may file a motion for the removal of the
trustee and appointment of a new trustee. The motion shall be supported by affidavit and shall
state the facts alleged to constitute grounds for removal. The motion may be filed in any court in
which an action to foreclose may be instituted.
(c) Notice to trustee. Unless the court orders otherwise, notice of the filing of the motion shall be
served on the trustee by mailing a copy of the motion by certified mail to the last known address
of the trustee.
MARYLAND RULES
CHAPTER 300. JUDICIAL SALES
Md. Rule 14-301 (2012)
Except as otherwise specifically provided in Rules 2-644 and 3-644 and Chapter 200 of this
Title, the rules in this Chapter govern all sales of property that are subject to ratification by a
court.
MARYLAND RULES
Md. Rule 14-302 (2012)
Rule 14-302. Sales -- Generally
(a) When court may order. At any stage of an action, the court may order a sale if satisfied that
the jurisdictional requisites have been met and that the sale is appropriate.
Cross references. -- See Code, Family Law Article, 11-104 and Keen v. Keen, 191 Md. 31
(1948) for sale of nonresidents' property to satisfy alimony decree; Code, Family Law Article,
8-202 for sale of real or personal property incident to a divorce decree; Code, Business
Regulation Article, 5-505 for sale of burial grounds; Code, Real Property Article, 14-107 for
sale in lieu of partition; Code, Real Property Article, 14-110 for sale of consecutive interests in
land by agreement of parties; Code, Tax Property Article, 14-808 through 14-854 for tax
sales; and Code, Tax General Article, 13-810 for sale to enforce income tax lien.
(b) Appointment of trustee. When the court orders a sale it may appoint a trustee to make the
sale. The trustee shall be a natural person.
Cross references. -- See Code, Courts Article, 11-111 for the appointment of a trustee to
execute a deed; Code, Real Property Article, 4-202 (e) for a form of a trustee's deed under a
decree; and Code, Estates and Trusts Article, 14-101, for general jurisdiction of equity
concerning trusts. Regarding fiduciaries generally, see Code, Estates and Trusts Article, 15-101
et seq.

MARYLAND RULES
Md. Rule 14-303 (2012)
Rule 14-303. Procedure prior to sale
(a) Bond.
(1) Trustee appointed by court. Unless excused by the court, a trustee appointed by the court to
make a sale shall file a bond with the clerk. The bond shall be to the State of Maryland in an
amount determined by the court and conditioned on faithful performance and execution of the
trust.
(2) Trustee appointed under certain instruments. Unless otherwise ordered by the court, the
trustee need not file a bond if the sale is for the benefit of either the grantor of the trust
instrument or a person who paid a valuable consideration for the deed of trust and who is entitled
to the proceeds of sale.
Cross references. -- For payment of the premium of the bond out of the estate being
administered, see Rule 10-702 (f). See also Code, Commercial Law Article, 15-103 (a)
concerning bond requirements before passage of title to an assignee for the benefit of creditors.
(b) Public sale -- Advertisement. Unless otherwise ordered by the court, a trustee proposing to
make a public sale shall give notice by advertisement of the time, place, and terms of sale in a
newspaper of general circulation in each county where any portion of the property is located. The
notice shall describe the property to be sold sufficiently to identify it and shall be given as
follows:
(1) for the sale of an interest in real property, at least once a week for three successive weeks,
the first publication to be not less than 15 days before the sale and the last publication to be not
more than one week before the sale; or
(2) for the sale of personal property, not less than five days nor more than 12 days before the
sale.
(c) Private sale; appraisal. Before making a private sale, the person proposing to make it shall file
in the proceedings an appraisal made by a competent appraiser within six months before the date
of sale. An appraisal need not be filed if the filing is excused by order of the court or if the sale is
made by a personal representative of an estate administered in the circuit court under a will that
grants a power of sale without expressly requiring an appraisal.
MARYLAND RULES
Md. Rule 14-304 (2012)
Rule 14-304. Place of sale
Unless otherwise ordered by the court, a sale shall be made in a county where all or a part of
the property is located.
MARYLAND RULES
Md. Rule 14-305 (2012)
Rule 14-305. Procedure following sale
(a) Report of sale. As soon as practicable, but not more than 30 days after a sale, the person
authorized to make the sale shall file with the court a complete report of the sale and an affidavit
of the fairness of the sale and the truth of the report.
(b) Affidavit of purchaser. Before a sale is ratified, unless otherwise ordered by the court for
good cause, the purchaser shall file an affidavit setting forth:
(1) whether the purchaser is acting as an agent and, if so, the name of the principal;
(2) whether others are interested as principals and, if so, the names of the other principals; and
(3) that the purchaser has not directly or indirectly discouraged anyone from bidding for the
property.
(c) Sale of interest in real property; notice. Upon the filing of a report of sale of real property or
chattels real pursuant to section (a) of this Rule, the clerk shall issue a notice containing a brief
description sufficient to identify the property and stating that the sale will be ratified unless cause
to the contrary is shown within 30 days after the date of the notice. A copy of the notice shall be
published at least once a week in each of three successive weeks before the expiration of the 30-
day period in one or more newspapers of general circulation in the county in which the report of
sale was filed.
(d) Exceptions to sale.

(1) How taken. A party, and, in an action to foreclose a lien, the holder of a subordinate interest
in the property subject to the lien, may file exceptions to the sale. Exceptions shall be in writing,
shall set forth the alleged irregularity with particularity, and shall be filed within 30 days after
the date of a notice issued pursuant to section (c) of this Rule or the filing of the report of sale if
no notice is issued. Any matter not specifically set forth in the exceptions is waived unless the
court finds that justice requires otherwise.
(2) Ruling on exceptions; hearing. The court shall determine whether to hold a hearing on the
exceptions but it may not set aside a sale without a hearing. The court shall hold a hearing if a
hearing is requested and the exceptions or any response clearly show a need to take evidence.
The clerk shall send a notice of the hearing to all parties and, in an action to foreclose a lien, to
all persons to whom notice of the sale was given pursuant to Rule 14-206 (b).
(e) Ratification. The court shall ratify the sale if (1) the time for filing exceptions pursuant to
section (d) of this Rule has expired and exceptions to the report either were not filed or were
filed but overruled, and (2) the court is satisfied that the sale was fairly and properly made. If the
court is not satisfied that the sale was fairly and properly made, it may enter any order that it
deems appropriate.
(f) Referral to auditor. Upon ratification of a sale, the court, pursuant to Rule 2-543, may refer
the matter to an auditor to state an account.
(g) Resale. If the purchaser defaults, the court, on application and after notice to the purchaser,
may order a resale at the risk and expense of the purchaser or may take any other appropriate
action.
MARYLAND RULES
Md. Rule 14-306 (2012)
Rule 14-306. Real property -- Recording
Upon the entry of a final order of ratification, the person making a sale of an interest in real
property in a county other than one in which all of the property is located shall cause to be
recorded among the land records of each county where any part of the property is located a
certified copy of the docket entries, any complaint, the report of sale, the final order of
ratification, and any other orders affecting the property.
MARYLAND RULES
CHAPTER 400. BURIAL GROUND
Md. Rule 14-401 (2012)

Rule 14-401. Sale for other use
(a) Venue. An action for sale of a burial ground for a use other than burial purposes shall be
brought in the county in which the burial ground is located. When the burial ground is located in
more than one county, the action may be brought in any county in which all or any part of the
burial ground is located.
(b) Complaint. The action for sale of a burial ground shall be commenced by filing a complaint
that, in addition to complying with Rules 2-303 through 2-305, shall contain:
(1) a description of the burial ground sufficient to enable it to be located,
(2) a statement that the ground has been dedicated and used for burial purposes,
(3) a statement that the burial ground has ceased to be used for burial purposes,
(4) a list of names and last known addresses of all known lot owners, or their assignees, if any,
and
(5) a statement of the reasons why it is desirable to sell the burial ground for other uses.
Cross references. -- See Code, Business Regulation Article, 5-505, which authorizes a
proceeding for the sale of a burial ground that has ceased to be used for such purposes.
For sale of cemeteries in Baltimore City where more than 75% of acreage has been abandoned or
becomes a menace, see Code, Business Regulation Article, 5-506.
As to certain cemeteries in Carroll County, see Code, Real Property Article, 14-119.
As to exemption of lots held only for burial from attachment or execution and insolvency laws,
see Code, Business Regulation Article, 5-503.
As to condemnation of cemeteries, see Rule 12-204.
(c) Notice -- Publication and posting. Upon the filing of the complaint, the clerk shall issue a
notice instead of a summons. The notice shall be signed by the clerk and shall (1) include the
caption of the action, (2) describe the substance of the complaint and the relief sought, and (3)
inform all lot owners or other persons in interest of the latest date by which a response may be
filed. The notice shall be published as provided in Rule 2-122, and a copy of the notice shall be
posted in a conspicuous place on the property and at all principal gates or entrances to the burial
ground. Additionally, a copy of the notice shall be sent by ordinary mail to each person whose
name and last known address are listed in the complaint pursuant to subsection (b) (4) of this
Rule.
(d) Proceedings when no response filed. If no party in interest appears in response to the notice,
the action shall proceed ex parte. The court may order testimony to be taken and enter judgment
as it deems proper.
MARYLAND RULES
CHAPTER 500. TAX SALES
Md. Rule 14-501 (2012)
The rules in this Chapter govern actions to foreclose the right of redemption in property sold at
a tax sale.
MARYLAND RULES
Md. Rule 14-502 (2012)
Rule 14-502. Foreclosure of right of redemption -- Complaint
(a) Contents. In an action to foreclose the right of redemption in property sold at a tax sale, the
complaint, in addition to complying with Rules 2-303 through 2-305, shall set forth:
(1) the fact of the issuance of the certificate of sale;
(2) a description of the property in substantially the same form as the description appearing on
the certificate of tax sale;
(3) the fact that the property has not been redeemed by any party in interest; and
(4) a statement of the amount necessary for redemption.
(b) Documents. The complaint shall be accompanied by:
(1) the original certificate of sale, or a photocopy of the certificate;
(2) a copy of a title report supported by an affidavit by the person making the search that a
complete search of the records has been performed in accordance with generally accepted
standards of title examination for the period of at least 40 years immediately before the filing of
the complaint; and
(3) a notice setting forth (A) the substance of the complaint and the relief sought, (B) a
description of the property in substantially the same form as the description appearing on the
collector's tax records, (C) the time within which a defendant must file an answer to the
complaint or redeem the property, and (D) a statement that failure to answer or redeem the
property within the time allowed may result in a judgment foreclosing the right of redemption.
MARYLAND RULES
Md. Rule 14-503 (2012)
Rule 14-503. Process
(a) Notice to defendants whose whereabouts are known. Upon the filing of the complaint, the
clerk shall issue a summons as in any other civil action. The summons, complaint, and exhibits,
including the notice prescribed by Rule 14-502 (b) (3), shall be served in accordance with Rule
2-121 on each defendant named in the complaint whose whereabouts are known.
(b) Notice to defendants whose whereabouts are unknown, unknown owners, and unnamed
interested persons. When the complaint includes named defendants whose whereabouts are
unknown, unknown owners, or unnamed persons having or claiming to have an interest in the
property, the notice filed in accordance with Rule 14-502 (b) (3), after being issued and signed
by the clerk, shall be served in accordance with Rule 2-122.
(c) Posting of property. Upon the filing of the complaint, the plaintiff shall cause a notice
containing the information required by Rule 14-502 (b)(3) to be posted in a conspicuous place on
the property. The posting may be made either by the sheriff or by a competent private person,
appointed by the plaintiff, who is 18 years of age or older, including an attorney of record, but
not a party to the action. A private person who posts the notice shall file with the court an
affidavit setting forth the name and address of the affiant, the caption of the case, the date and
time of the posting, and a description of the location of the posting and shall attach a photograph
of the location showing the posted notice.
(d) Notice to collector. Upon the filing of the complaint, the plaintiff shall mail a copy of the
complaint and exhibits to the collector of taxes in the county in which the property is located.
MARYLAND RULES
Md. Rule 14-504 (2012)
Rule 14-504. Notice to persons not named as defendants
The plaintiff shall send the notice prescribed by Rule 14-502 (b) (3) to each person having a
recorded interest, claim or judgment, or other lien who has not been made a defendant in the
proceeding. If all or part of the property is a common area owned by or legally dedicated to a
homeowners' association, the plaintiff shall also send the notice to the homeowners' association
governing the property. The notice shall be sent to the person's last reasonably ascertainable
address by certified mail, postage prepaid, return receipt requested, bearing a postmark from the
United States Postal Service, and shall be accompanied by a copy of the complaint. The plaintiff
shall file the return receipt from the notice or an affidavit that the provisions of this section have
been complied with or that the address of the holder of the subordinate interest is not reasonably
ascertainable. If the filing is made before final ratification of the sale, failure of a holder of a
subordinate interest to receive the notice does not invalidate the sale. The plaintiff shall send
notice to each tenant of the property, as required by Code, Tax-Property Article, 14-836 (b) (4).
MARYLAND RULES
Md. Rule 14-505 (2012)
Rule 14-505. Defense of invalidity
Any issue as to the validity of the taxes, the proceedings to sell the property, or the sale, shall
be raised by separate affirmative defense.
MARYLAND RULES
Md. Rule 14-506 (2012)
Rule 14-506. Notice to tenant following judgment
Notice to tenants after issuance of a judgment foreclosing the right of redemption is governed
by Code, Tax Property Article, 14-836 (b) (7).
HISTORY: (Adopted Jan. 20, 1999, effective July 1, 1999.)

MARYLAND RULES
TITLE 15. OTHER SPECIAL PROCEEDINGS
CHAPTER 100. ARBITRATION
Md. Rule 15-101 (2012)
Rule 15-101. Application of Uniform Arbitration Act to certain proceedings
(a) Binding arbitration while court action pending.

(1) Not applicable to certain actions. This Rule does not apply to actions for judicial review of an
order or action of an administrative agency.
(2) Consent; order of referral. If before trial all parties agree on the record or file a written
stipulation agreeing to binding arbitration of the action or any issue, the court shall enter an order
of referral to arbitration.
(3) Maryland Uniform Arbitration Act. Except to the extent provided otherwise in the order of
referral, the Maryland Uniform Arbitration Act applies to the arbitration.
(b) Court proceedings regarding binding arbitration not governed by Uniform Arbitration Act. In
connection with a binding arbitration conducted or sought to be conducted under common law or
under a statute other than the Maryland Uniform Arbitration Act, unless otherwise required by
applicable law, (1) court proceedings to confirm, vacate, modify, or enter judgment on a final
written award are governed by the provisions of the Maryland Uniform Arbitration Act and (2)
to the extent practicable, the procedure for obtaining other judicial relief shall be the same as the
procedure in connection with an arbitration under the Maryland Uniform Arbitration Act.
MARYLAND RULES
CHAPTER 200. CONTEMPT
Md. Rule 15-201 (2012)
This Chapter applies to both civil and criminal contempts. It does not supersede or modify
Code, Labor and Employment Article, 4-322.
MARYLAND RULES
Md. Rule 15-202 (2012)
(a) Constructive contempt. "Constructive contempt" means any contempt other than a direct
contempt.
(b) Direct contempt. "Direct contempt" means a contempt committed in the presence of the judge
presiding in court or so near to the judge as to interrupt the court's proceedings.
MARYLAND RULES
Md. Rule 15-203 (2012)
Rule 15-203. Direct civil and criminal contempt
(a) Summary imposition of sanctions. The court against which a direct civil or criminal
contempt has been committed may impose sanctions on the person who committed it summarily
if (1) the presiding judge has personally seen, heard, or otherwise directly perceived the conduct
constituting the contempt and has personal knowledge of the identity of the person committing it,
and (2) the contempt has interrupted the order of the court and interfered with the dignified
conduct of the court's business. The court shall afford the alleged contemnor an opportunity,
consistent with the circumstances then existing, to present exculpatory or mitigating information.
If the court summarily finds and announces on the record that direct contempt has been
committed, the court may defer imposition of sanctions until the conclusion of the proceeding
during which the contempt was committed.
Cross references. -- As to possible constitutional limitations on summary imposition of sanctions,

including the right to jury trial and the right to counsel, see Codispoti v. Pennsylvania, 418 U.S.
506 (1974); Bloom v. Illinois, 391 U.S. 194, 202 (1968); Cheff v. Schnackenberg, 384 U.S. 373
(1966); Kawamura v. State, 299 Md. 276, 292 (1984); Wilkins v. State, 293 Md. 335 (1982);
Dorsey v. State, 56 Md. App. 54 (1983).
Committee note. -- Sanctions may be imposed immediately upon the finding of the contempt, or,
in the court's discretion, may be deferred to a later time in the proceeding. Deferral of a sanction
does not affect its summary nature. The sanction remains summary in nature in that no hearing is
required; the court simply announces and imposes the sanction.
(b) Order of contempt. Either before sanctions are imposed or promptly thereafter, the court shall
issue a written order stating that a direct contempt has been committed and specifying:
(1) whether the contempt is civil or criminal,
(2) the evidentiary facts known to the court from the judge's own personal knowledge as to the
conduct constituting the contempt, and as to any relevant evidentiary facts not so known, the
basis of the court's findings,
(3) the sanction imposed for the contempt,
(4) in the case of civil contempt, how the contempt may be purged, and
(5) in the case of criminal contempt, (A) if the sanction is incarceration, a determinate term, and
(B) any condition under which the sanction may be suspended, modified, revoked, or terminated.
(c) Affidavits. In a summary proceeding, affidavits may be offered for the record by the
contemnor before or after sanctions have been imposed.
(d) Record. The record in cases of direct contempt in which sanctions have been summarily
imposed shall consist of (1) the order of contempt; (2) if the proceeding during which the
contempt occurred was recorded, a transcript of that part of the proceeding; and (3) any affidavits
offered or evidence admitted in the proceeding.
MARYLAND RULES
Md. Rule 15-204 (2012)
Rule 15-204. Direct contempt if no summary imposition of sanctions
In any proceeding involving a direct contempt for which the court determines not to impose
sanctions summarily, the judge, reasonably promptly after the conduct, shall issue a written order
specifying the evidentiary facts within the personal knowledge of the judge as to the conduct
constituting the contempt and the identity of the contemnor. Thereafter, the proceeding shall be
conducted pursuant to Rule 15-205 or Rule 15-206, whichever is applicable, and Rule 15-207 in
the same manner as a constructive contempt.

MARYLAND RULES
Md. Rule 15-205 (2012)
Rule 15-205. Constructive criminal contempt; commencement; prosecution
(a) Separate action. A proceeding for constructive criminal contempt shall be docketed as a
separate criminal action. It shall not be included in any action in which the alleged contempt
occurred.
(b) Who may institute.
(1) The court may initiate a proceeding for constructive criminal contempt by filing an order
directing the issuance of a summons or warrant pursuant to Rule 4-212.
(2) The State's Attorney may initiate a proceeding for constructive criminal contempt committed
against a trial court sitting within the county in which the State's Attorney holds office by filing a
petition with that court.
(3) The Attorney General may initiate a proceeding for constructive criminal contempt
committed (A) against the Court of Appeals or the Court of Special Appeals, or (B) against a
trial court when the Attorney General is exercising the authority vested in the Attorney General
by Maryland Constitution, Art. V, 3, by filing a petition with the court against which the
contempt was allegedly committed.
(4) The State Prosecutor may initiate a proceeding for constructive criminal contempt
committed against a court when the State Prosecutor is exercising the authority vested in the
State Prosecutor by Code, State Government Article, 9-1201 et seq., by filing a petition with
the court against which the contempt was allegedly committed.
(5) The court or any person with actual knowledge of the facts constituting a constructive
criminal contempt may request the State's Attorney, the Attorney General, or the State
Prosecutor, as appropriate, to file a petition.
(c) Appointment of prosecutor. If the proceeding is commenced by a court on its own initiative,
the court may appoint the State's Attorney of the county in which the court sits, the Attorney
General, or the State Prosecutor to prosecute the charge.
(d) Contents; service. An order filed by the court pursuant to section (b)(1) of this Rule and a
petition filed by the State's Attorney, the Attorney General, or the State Prosecutor shall contain
the information required by Rule 4-202 (a). The order or petition shall be served, along with a
summons or warrant, in the manner specified in Rule 4-212 or, if the proceeding is in the Court
of Appeals or Court of Special Appeals, in the manner directed by that court.
(e) Waiver of counsel. The provisions of Rule 4-215 apply to constructive criminal contempt
proceedings.
(f) Jury trial. The provisions of Rule 4-246 apply to constructive criminal contempt proceedings.
MARYLAND RULES
Md. Rule 15-206 (2012)
Rule 15-206. Constructive civil contempt
(a) Where filed. A proceeding for constructive civil contempt shall be included in the action in
which the alleged contempt occurred.
(b) Who may initiate.
(1) The court may initiate a proceeding for constructive civil contempt by filing an order
complying with the requirements of section (c) of this Rule.
(2) Any party to an action in which an alleged contempt occurred and, upon request by the court,
the Attorney General, may initiate a proceeding for constructive civil contempt by filing a
petition with the court against which the contempt was allegedly committed.
(3) In a support enforcement action where the alleged contempt is based on failure to pay
spousal or child support, any agency authorized by law may bring the proceeding.
(c) Content of order or petition.
(1) An order filed by the court pursuant to subsection (b) (1) of this Rule and a petition filed
pursuant to subsection (b) (2) shall comply with Rule 2-303 and shall expressly state whether or
not incarceration is sought.
(2) Unless the court finds that a petition for contempt is frivolous on its face, the court shall
enter an order providing for (i) a prehearing conference, or (ii) a hearing, or (iii) both. The
scheduled hearing date shall allow a reasonable time for the preparation of a defense and may not
be less than 20 days after the prehearing conference. An order issued on a petition or on the
court's own initiative shall state:
(A) the time within which any answer by the alleged contemnor shall be filed, which, absent
good cause, may not be less than ten days after service of the order;
(B) the time and place at which the alleged contemnor shall appear in person for (i) a prehearing
conference, or (ii) a hearing, or (iii) both and, if a hearing is scheduled, whether it is before a
master pursuant to Rule 9-208 (a) (1) (G) or before a judge; and
(C) if incarceration to compel compliance with the court's order is sought, a notice to the alleged
contemnor in the following form:
TO THE PERSON ALLEGED TO BE IN CONTEMPT OF COURT:
1. It is alleged that you have disobeyed a court order, are in contempt of court, and should go to
jail until you obey the court's order.
2. You have the right to have a lawyer. If you already have a lawyer, you should consult the
lawyer at once. If you do not now have a lawyer, please note:
(a) A lawyer can be helpful to you by:
(1) explaining the allegations against you;
(2) helping you determine and present any defense to those allegations;
(3) explaining to you the possible outcomes; and

(4) helping you at the hearing.
(b) Even if you do not plan to contest that you are in contempt of court, a lawyer can be helpful.
(c) If you want a lawyer but do not have the money to hire one, the Public Defender may
provide a lawyer for you.
-- To find out if the Public Defender will provide a lawyer for you, you must contact the Public
Defender after any prehearing conference or master's hearing and at least 10 business days
before the date of a hearing before a judge.
-- If no prehearing conference or master's hearing is scheduled, you should contact the Public
Defender as soon as possible, at least 10 business days before the date of the hearing before the
judge.
-- The court clerk will tell you how to contact the Public Defender.
(d) If you want a lawyer but you cannot get one and the Public Defender will not provide one for
you, contact the court clerk as soon as possible.
(e) DO NOT WAIT UNTIL THE DATE OF YOUR COURT HEARING TO GET A
LAWYER. If you do not have a lawyer before the court hearing date, the judge may find that
you have waived your right to a lawyer, and the hearing may be held with you unrepresented by
a lawyer.
3. IF YOU DO NOT APPEAR FOR A SCHEDULED PREHEARING CONFERENCE,

MASTER'S HEARING, OR COURT HEARING BEFORE THE JUDGE, YOU WILL BE
SUBJECT TO ARREST.
(d) Service of order. The order, together with a copy of any petition and other document filed in
support of the allegation of contempt, shall be served on the alleged contemnor pursuant to Rule
2-121 or 3-121 or, if the alleged contemnor has appeared as a party in the action in which the
contempt is charged, in the manner prescribed by the court.
(e) Waiver of counsel if incarceration is sought.
(1) Applicability. This section applies if incarceration is sought and applies only to court
hearings before a judge.
(2) Appearance in court without counsel.
(A) If the alleged contemnor appears in court without counsel, the court shall make certain that
the alleged contemnor has received a copy of the order containing notice of the right to counsel
or was advised of the contents of the notice in accordance with Rule 9-208 (d);
(B) If the alleged contemnor indicates a desire to waive counsel, the court shall determine, after
an examination of the alleged contemnor on the record, that the waiver is knowing and
voluntary;
(C) If the alleged contemnor indicates a desire to have counsel and the court finds that the
alleged contemnor received a copy of the order containing notice of the right to counsel or was
advised of the contents of the notice pursuant to Rule 9-208 (d), the court shall permit the alleged
contemnor to explain the appearance without counsel. If the court finds that there is a meritorious
reason for the alleged contemnor's appearance without counsel, the court shall continue the
action to a later time and advise the alleged contemnor that if counsel does not enter an
appearance by that time, the action will proceed with the alleged contemnor unrepresented by
counsel. If the court finds that there is no meritorious reason for the alleged contemnor's
appearance without counsel, the court may determine that the alleged contemnor has waived
counsel by failing or refusing to obtain counsel and may proceed with the hearing.
(3) Discharge of counsel. If an alleged contemnor requests permission to discharge an attorney

whose appearance has been entered, the court shall permit the alleged contemnor to explain the
reasons for the request. If the court finds that there is a meritorious reason for the alleged
contemnor's request, the court shall permit the discharge of counsel, continue the action if
necessary, and advise the alleged contemnor that if new counsel does not enter an appearance by
the next scheduled hearing date, the action will be heard with the alleged contemnor
unrepresented by counsel. If the court finds (A) that the alleged contemnor received a copy of the
order containing notice of the right to counsel or was advised of the contents of the notice in
accordance with Rule 9-208 (d) and (B) that there is no meritorious reason for the alleged
contemnor's request, the court may permit the discharge of counsel but shall first inform the
alleged contemnor that the hearing will proceed as scheduled with the alleged contemnor
unrepresented by counsel.
HISTORY: (Amended Dec. 10, 1996, effective Jan. 1, 1997; June 6, 2000, effective Oct. 1,
2000; Mar. 5, 2001, effective July 1, 2001.)
MARYLAND RULES
Md. Rule 15-207 (2012)
Rule 15-207. Constructive contempt; further proceedings
(a) Consolidation of criminal and civil contempts. If a person has been charged with both
constructive criminal contempt pursuant to Rule 15-205 and constructive civil contempt pursuant
to Rule 15-206, the court may consolidate the proceedings for hearing and disposition.
(b) When judge disqualified. A judge who enters an order pursuant to Rule 15-204 or who
institutes a constructive contempt proceeding on the court's own initiative pursuant to Rule 15-
205 (b) (1) or Rule 15-206 (b) (1) and who reasonably expects to be called as a witness at any
hearing on the matter is disqualified from sitting at the hearing unless (1) the alleged contemnor
consents, or (2) the alleged contempt consists of a failure to obey a prior order or judgment in a
civil action or a "judgment of restitution" as defined in Code, Criminal Procedure Article, 11-
601(g).
(c) Hearing.
(1) Contempt of appellate court. Where the alleged contemnor is charged with contempt of an
appellate court, that court, in lieu of conducting the hearing itself, may designate a trial judge as
a special master to take evidence and make recommended findings of fact and conclusions of
law, subject to exception by any party and approval of the appellate court.
(2) Failure of alleged contemnor to appear. If the alleged contemnor fails to appear personally at
the time and place set by the court, the court may enter an order directing a sheriff or other peace
officer to take custody of and bring the alleged contemnor before the court or judge designated in
the order. If the alleged contemnor in a civil contempt proceeding fails to appear in person or by
counsel at the time and place set by the court, the court may proceed ex parte.
(d) Disposition -- Generally.
(1) Applicability. This section applies to all proceedings for contempt other than proceedings for
constructive civil contempt based on an alleged failure to pay spousal or child support.
(2) Order. When a court or jury makes a finding of contempt, the court shall issue a written order
that specifies the sanction imposed for the contempt. In the case of a civil contempt, the order
shall specify how the contempt may be purged. In the case of a criminal contempt, if the sanction
is incarceration, the order shall specify a determinate term and any condition under which the
sanction may be suspended, modified, revoked, or terminated.
(e) Constructive civil contempt -- Support enforcement action.
(1) Applicability. This section applies to proceedings for constructive civil contempt based on an
alleged failure to pay spousal or child support, including an award of emergency family
maintenance under Code, Family Law Article, Title 4, Subtitle 5.
Committee note. -- Sanctions for attorneys found to be in contempt for failure to pay child
support may include referral to Bar Counsel pursuant to Rule 16-731. See Code, Family Law
Article, 10-119.3.
(2) Petitioner's burden of proof. Subject to subsection (3) of this section, the court may make a
finding of contempt if the petitioner proves by clear and convincing evidence that the alleged
contemnor has not paid the amount owed, accounting from the effective date of the support order
through the date of the contempt hearing.
(3) When a finding of contempt may not be made. The court may not make a finding of contempt
if the alleged contemnor proves by a preponderance of the evidence that (A) from the date of the
support order through the date of the contempt hearing the alleged contemnor (i) never had the
ability to pay more than the amount actually paid and (ii) made reasonable efforts to become or
remain employed or otherwise lawfully obtain the funds necessary to make payment, or (B)
enforcement by contempt is barred by limitations as to each unpaid spousal or child support
payment for which the alleged contemnor does not make the proof set forth in subsection (3) (A)
of this section.
Cross references. -- Code, Family Law Article, 10-102.
(4) Order. Upon a finding of constructive civil contempt for failure to pay spousal or child
support, the court shall issue a written order that specifies (A) the amount of the arrearage for
which enforcement by contempt is not barred by limitations, (B) any sanction imposed for the
contempt, and (C) how the contempt may be purged. If the contemnor does not have the present
ability to purge the contempt, the order may include directions that the contemnor make
specified payments on the arrearage at future times and perform specified acts to enable the
contemnor to comply with the direction to make payments.
HISTORY: (Amended Dec. 10, 1996, effective Jan. 1, 1997; Jan. 20, 1999, effective July 1,
1999; Jan. 8, 2002, effective Feb. 1, 2002; amended Sept. 10, 2009, effective Oct. 1, 2009.)
MARYLAND RULES
Md. Rule 15-208 (2012)
Rule 15-208. Bail
A contemnor committed for contempt is entitled to the same consideration with respect to bail
pending appeal as a defendant convicted in a criminal proceeding.

MARYLAND RULES
CHAPTER 300. HABEAS CORPUS
Md. Rule 15-301 (2012)
Rule 15-301. Habeas corpus -- Applicability
The rules in this Chapter apply to all habeas corpus proceedings challenging the legality of the
confinement or restraint of an individual.
MARYLAND RULES
Md. Rule 15-302 (2012)

(a) Generally. A petition for a writ of habeas corpus shall be supported by affidavit of the
petitioner and shall include:
(1) a statement that the individual by or on behalf of whom the writ is sought is unlawfully
confined or restrained;
(2) the place where the individual is confined or restrained, if known;
(3) the name and any official capacity of the person by whom the individual is confined or
restrained or, if not known, a description sufficient to enable that person to be identified;
(4) the circumstances and the cause of the confinement; and
(5) if the confinement is pursuant to a judgment or order of a court, the name of the court, the
date of the judgment or order, and the case number, if known.
(b) Certain confinements. If a petition is filed by or on behalf of an individual confined as a

result of a sentence for a criminal offense, of an order in a juvenile proceeding, or of a judgment
of contempt of court, the petition, in addition to complying with the provisions of section (a) of
this Rule, shall state, to the best of the petitioner's knowledge, information, and belief:
(1) whether any previous petition for habeas corpus or other post conviction relief has been filed
with respect to the confinement;
(2) with respect to each previous petition for habeas corpus or other post conviction relief: (A)
the court or judge to whom the petition was directed, (B) all grounds of the petition, (C) the
determination made on the petition, (D) whether any appeal or application for leave to appeal
was filed from any order on the petition, and (E) any determination made on the appeal or
application for leave to appeal; and
(3) all grounds for the issuance of the writ that were not asserted in any previous petition for
habeas corpus or other post conviction relief.
MARYLAND RULES
Md. Rule 15-303 (2012)
Rule 15-303. Procedure on petition
(a) Generally. Upon receiving a petition for a writ of habeas corpus, the judge immediately
shall refer it as provided in section (c) of this Rule or act on the petition as provided in section
(d) or (e) of this Rule, except that if the petition seeks a writ of habeas corpus for the purpose of
determining admission to bail or the appropriateness of any bail set, the judge may proceed in
accordance with section (b) of this Rule.
(b) Bail.
(1) Pretrial. If a petition by or on behalf of an individual who is confined prior to or during trial
seeks a writ of habeas corpus for the purpose of determining admission to bail or the
appropriateness of any bail set, the judge to whom the petition is directed may deny the petition
without a hearing if a judge has previously determined the individual's eligibility for pretrial
release or the conditions for such release pursuant to Rule 4-216 and the petition raises no
grounds sufficient to warrant issuance of the writ other than grounds that were raised when the
earlier pretrial release determination was made.
(2) After conviction.
(A) Except as otherwise provided in subsection (2)(B) of this section, if a petition by or on

behalf of an individual confined as a result of a conviction pending sentencing or exhaustion of
appellate review seeks a writ of habeas corpus for the purpose of determining admission to bail
or the appropriateness of any bail set, the judge to whom the petition is directed may deny the
writ and order that the petition be treated as a motion for release or for amendment of an order of
release pursuant to Rule 4-349. Upon entry of the order, the judge shall transmit the petition, a
certified copy of the order, and any other pertinent papers to the trial judge who presided at the
proceeding as a result of which the individual was confined. Upon receiving of the transmittal,
the trial judge shall proceed in accordance with Rule 4-349.
(B) If a petition directed to a circuit court judge is filed by or on behalf of an individual confined
as a result of a conviction in the District Court that has been appealed to a circuit court, the
circuit court judge shall act on the petition and may not transmit or refer the petition to a District
Court judge.
(c) Referral. If the petition is made by or on behalf of an individual confined or restrained as the
result of a prior judicial proceeding, a judge to whom the petition has been made may refer the
petition, without taking other action, to the administrative judge of the court in which the prior
proceeding was held. In exercising the discretion to refer the petition, the judge to whom the
petition has been directed shall consider the interests and convenience of the parties and the
State. Upon receiving the referral, the administrative judge shall assign the petition to a judge in
accordance with the assignment procedures of that court, except that, without the written consent
of the individual confined or restrained, the petition shall not be assigned to any judge who sat at
the proceeding as a result of which the individual was confined or restrained. The judge to whom
the petition has been assigned may not further refer the petition and shall act on it immediately
pursuant to section (d) or (e) of this Rule.
(d) Show cause order.
(1) Entry; contents. If the individual is confined as a result of a sentence in a criminal case,
including a proceeding for criminal contempt other than a direct criminal contempt summarily
punished, or as a result of a disposition or post-dispositional order following an adjudication of
delinquency in a juvenile proceeding, the judge, prior to taking any further action, may enter an
order directed to the person having custody of the individual to show cause why the writ should
not issue. The show cause order may be entered regardless of whether the petition complies with
Rule 15-302. The show cause order shall:
(A) state a date by which the order must be served upon the person having custody of the
individual;
(B) state a date by which the person having custody may file a response and a date by which a
copy of any response must be served on the petitioner in accordance with subsection (4) of this
section;
(C) state that the petitioner may file a reply to the response within 30 days after service of the
response; and
(D) require the petitioner to serve a copy of any reply on the person having custody by first class
mail, postage prepaid.
(2) Service of show cause order. The show cause order, together with a copy of the petition, shall
be served by certified mail on the person having custody of the individual confined. The show
cause order shall be served by first class mail, postage prepaid, on the petitioner.
(3) Notice in response. A response to the show cause order shall include notice to the petitioner
in substantially the following form:
NOTICE TO , PETITIONER
(Name of Petitioner)
This response alleges your petition for a writ of habeas corpus should be
denied because (check all that apply):
[] There is no good reason why new grounds now raised by the petition were
not raised in previous proceedings.
[] There has been unjustified delay in filing the petition and that delay
has prejudiced the ability of
(Name of person having custody of the individual confined) to respond to
the petition.
[] Other reasons for denial (specify):
You may file a reply to this response. Any reply must be filed with the
court by [Calendar Date] and you must mail a copy of your reply to
.
(Name of person having custody)
If you do not file a reply by that date or if your reply does not show the
court a good reason why the allegations in this response are wrong, the court
may deny your petition.
Committee note. -- The calendar date for a reply shall be 30 days after personal service is made
or 33 days after service by mail is mailed.
(4) Service of response. The person having custody shall serve a copy of the response on the
petitioner or the petitioner's attorney by first class mail, postage prepaid, or by hand-delivery.
The response shall be accompanied by a certificate of service showing the date and manner of
making service and, if service is by hand-delivery, the name of the individual making service.
(5) If show cause order or response not timely served. If (A) the show cause order was not timely
served upon the person having custody and the person having custody has not filed a response or
(B) the response was not timely served upon the petitioner and the petitioner has not filed a
reply, the judge shall either reissue the show cause order or set the matter in for a hearing.
(e) Action on petition.
(1) Preliminary determination. Unless the judge refers the petition pursuant to section (c) of this
Rule, the judge shall first determine whether the petition complies with the provisions of Rule
15-302, except that if a show cause order was entered in accordance with section (d) of this Rule,
the judge may defer making this determination until the time for a reply has expired. In
determining whether the writ should be granted or denied, a judge shall consider any response or
reply filed pursuant to a show cause order entered under section (d) of this Rule and may
examine public records.
(2) Noncompliance with Rule 15-302. If the petition fails to comply with the provisions of Rule
15-302, the judge may (A) deny the petition; (B) permit the petition to be amended or
supplemented; or (C) grant the writ if there is a sufficient showing of probable illegal
confinement or restraint.
(3) Compliance with Rule 15-302. If the petition complies with the provisions of Rule 15-302,
the judge shall grant the writ unless:
(A) the judge finds from the petition, any response, reply, document filed with the petition or
with a response or reply, or public record that the individual confined or restrained is not entitled
to any relief;
(B) the petition is made by or on behalf of an individual confined as a result of a sentence for a
criminal offense, of an order in a juvenile proceeding, or of a judgment of contempt of court, the
legality of the confinement was determined in a prior habeas corpus or other post conviction
proceeding, and no new ground is shown sufficient to warrant issuance of the writ;
(C) there is no good reason why new grounds now raised by the petitioner were not raised in
previous proceedings; or
(D) there has been an unjustified delay in filing the petition that has prejudiced the ability of the
person having custody of the individual confined or restrained to respond to the petition.
(4) Exception; notice, reply. The judge may not deny the writ on a ground set forth in subsection
(e) (3) (C) or (e) (3) (D) of this Rule unless the petitioner has been given notice of that ground
and has had an opportunity to reply, either in accordance with section (d) of this Rule or as
otherwise directed by the court.
MARYLAND RULES
Md. Rule 15-304 (2012)
Rule 15-304. Alternate remedy -- Post Conviction Procedure Act
When a petition for a writ of habeas corpus is filed by or on behalf of an individual confined
as a result of a sentence for a criminal offense, including a criminal contempt, or a commitment
order in a juvenile delinquency proceeding, the judge may order that the petition be treated as a
petition under the Post Conviction Procedure Act if the individual confined consents in writing
or on the record and the judge is satisfied that the post conviction proceeding is adequate to test
the legality of the confinement. Upon entry of the order, the judge shall transmit the petition, a
certified copy of the order, and any other pertinent papers to the court in which the sentence or
judgment was entered. Subsequent procedure shall be as in a post conviction proceeding.
Cross references. -- See Rules 4-401 through 4-408 and Code, Criminal Procedure Article, 7-
101 -- 7-108 and 7-201 -- 7-204.
MARYLAND RULES
Md. Rule 15-305 (2012)
Rule 15-305. To whom writ directed -- Before whom returnable
A writ of habeas corpus shall be directed to the person having custody of the individual
confined or restrained. The writ shall be returnable before the judge granting it or, in the
discretion of that judge, before some other judge designated in the writ except that without the
written consent of the individual confined or restrained, the judge designated in the writ shall not
be a judge who sat at the proceeding as a result of which the individual was confined or
restrained. In exercising the discretion granted by this Rule, the judge granting the writ shall
consider the interests and convenience of the parties and the State.
MARYLAND RULES
Md. Rule 15-306 (2012)
Rule 15-306. Service of writ; appearance by individual; affidavit
(a) Service. Except as provided in section (c) of this Rule, a writ of habeas corpus and a copy
of the petition shall be served by delivering them to the person to whom the writ is directed or by
mailing them by first class mail, postage prepaid, as ordered by the court.
Cross references. -- See Rules 2-121 and 3-121.
(b) Production of individual. At the time stated in the writ, which, unless the court orders
otherwise, shall not be later than three days after service of the writ, the person to whom the writ
is directed shall cause the individual confined or restrained to be taken before the judge
designated in the writ. If the petition is by or behalf of an individual confined or restrained
pursuant to an isolation or quarantine directive or order issued under any federal, State, or local
public health law or public emergency law, production of the individual may be by means of a
telephonic conference call, live closed circuit television, live internet or satellite video
conference transmission, or other available means of communication that reasonably permit the
individual to participate in the proceedings.
Cross references. -- For proceedings brought pursuant to Code, Health-General Article, 18-906
and Code, Public Safety Article, 14-3A-05, see the Rules in Title 15, Chapter 1100.
(c) Immediate appearance. Subject to section (b) of this Rule, if the judge finds probable cause to
believe that the person having custody of the individual by or on whose behalf the petition was
filed is about to remove the individual or would evade or disobey the writ, the judge shall include
in the writ an order directing the person immediately to appear, together with the individual
confined or restrained, before the judge designated in the writ. The sheriff to whom the writ is
delivered shall serve the writ immediately, together with a copy of the petition, on the person
having custody of the individual confined or restrained and shall bring that person, together with
the individual confined or restrained, before the judge designated in the writ.
HISTORY: (Amended May 9, 2000, effective July 1, 2000; June 7, 2011, effective July 1,
2011.)
MARYLAND RULES
Md. Rule 15-307 (2012)
Rule 15-307. Absence of judge -- Return to another court or judge
If the judge designated in the writ is unavailable when the individual confined or restrained is
produced, the individual shall be taken before another judge of the same judicial circuit. If the
individual is confined or restrained as a result of a sentence for a criminal offense, including a
criminal contempt, or as a result of an order in a juvenile proceeding, the individual shall not be
taken before a judge who sat at any proceeding as a result of which the individual was confined
or restrained unless the individual consents in writing.
MARYLAND RULES
Md. Rule 15-308 (2012)
Rule 15-308. Notice to State's Attorney and Attorney General
If a judge grants a writ with respect to an individual confined as a result of a sentence for a
criminal offense, including a criminal contempt, or as a result of an order in a juvenile
proceeding, the judge shall instruct the clerk to give notice of the time and place of the hearing to
the State's Attorney for the county in which the sentence or order was entered. If the petition
presents an issue of illegal confinement in the Division of Correction unrelated to the underlying
conviction or order, notice shall also be directed to the Attorney General.
MARYLAND RULES
Md. Rule 15-309 (2012)
(a) Generally. Upon the production of the individual confined or restrained, the judge shall
conduct a hearing immediately to inquire into the legality and propriety of the individual's
confinement or restraint. The individual confined or restrained for whom the writ is issued may
offer evidence to prove the lack of legal justification for the confinement or restraint, and
evidence may be offered on behalf of the person having custody to refute the claim.
(b) Conduct of Hearing If Isolation or Quarantine. If, pursuant to an isolation or quarantine

directive or order issued under any federal, State, or local public health law or public emergency
law, one or more of the parties, their counsel, or witnesses are unable to appear personally at the
hearing, and the fair and effective adjudication of the proceedings permits, the court may:
(1) admit documentary evidence submitted or proffered by courier, facsimile, or other electronic
means;
(2) if feasible, conduct the proceedings by means of a telephonic conference call, live closed
circuit television, live internet or satellite video conference transmission, or other available
means of communication that reasonably permits the parties or their authorized representatives to
participate in the proceedings; and
(3) decline to require strict application of the rules of evidence other than those relating to the
competency of witnesses and lawful privileges.
HISTORY: (Amended Sept. 10, 2009, effective Oct. 1, 2009; June 7, 2011, effective July 1,
2011.)
MARYLAND RULES
Md. Rule 15-310 (2012)
(a) Appropriate remedy. If the judge determines that the individual is confined or restrained
without legal warrant or authority, the judge shall order that the individual be released or
discharged immediately, or shall enter such other order as justice may require. If the judge
determines that the confinement or restraint is lawful and proper, the individual shall be
remanded to custody or admitted to bail pending trial or retrial.
(b) Errors on face of commitment -- Correction. The judge to whom the writ is returned shall not
discharge the individual confined or restrained merely because of errors, omissions, or
irregularities on the face of the warrant or other written authority for commitment. The judge
may direct that the warrant or other written authority be sent for correction to the court or
judicial officer who issued it and that, after correction, it be redelivered to the person having
custody of the individual.
MARYLAND RULES
Md. Rule 15-311 (2012)
Rule 15-311. Memorandum by judge
The judge to whom the petition is made or referred shall prepare and file or dictate into the
record a memorandum setting forth the grounds of the petition, the questions involved, and the
reasons for the action taken. A copy of the memorandum or a transcription of the dictation shall
be sent to the petitioner and the person having custody of the individual confined or restrained.

MARYLAND RULES
Md. Rule 15-312 (2012)
Rule 15-312. Discharge on ground of unconstitutionality -- Review
When an individual is released or discharged under a writ of habeas corpus on the ground that
all or part of the statute or law under which the individual was convicted is unconstitutional, the
memorandum or the transcription required by Rule 15-311 shall be filed by the judge within five
days after the judge orders the release or discharge. The clerk shall promptly transmit the record
to the Clerk of the Court of Special Appeals for further proceedings.
MARYLAND RULES
CHAPTER 400. HEALTH CLAIMS ARBITRATION
Md. Rule 15-401 (2012)
Rule 15-401. Judicial review -- Health claims arbitration
The rules in this Chapter apply to judicial review of an award determining a health care
malpractice claim under Code, Courts Article, Title 3, Subtitle 2A and to an assessment of costs
under an award.
MARYLAND RULES
Md. Rule 15-402 (2012)
In these Rules the following definitions apply except as expressly otherwise provided or as
(a) Arbitration panel. "Arbitration panel" means the arbitrators selected to determine a health
care malpractice claim in accordance with Code, Courts Article, Title 3, Subtitle 2A.
(b) Award. "Award" means a final determination of a health care malpractice claim by an
arbitration panel or by the panel chair.
Cross references. -- For the authority of the panel chair to rule on issues of law, see Code, Courts
Article, 3-2A-05 (a).
(c) Defendant. "Defendant" means the health care provider.
(d) Director. "Director" means the Director of the Health Care Alternative Dispute Resolution
Office.
(e) Plaintiff. "Plaintiff" means the party making a claim against a health care provider.
MARYLAND RULES
Md. Rule 15-403 (2012)
Rule 15-403. Action to reject health claims award or assessment of costs
(a) Rejection of award or costs. A party may reject for any reason an award, the assessment of
costs under an award, or both. An action to reject filed pursuant to this Rule constitutes the
notice of rejection required by Code, Courts Article, 3-2A-06 (a). An action to reject shall not
impair the award or the assessment of costs as to any party before the arbitration panel who has
not rejected the award or the assessment of costs and is not named as a defendant in the action.
(b) Plaintiff's action to reject.

(1) How commenced. The plaintiff shall commence an action to reject by filing a complaint with
a circuit court or with any other court of competent jurisdiction. The complaint shall (A) identify
the award and state whether the award, the assessment of costs, or both are being rejected, (B)
state that the plaintiff is the rejecting party, and (C) identify all defendants as to whom the
plaintiff rejects the award, the assessment of the costs, or both. If the complaint is filed in a
circuit court, it shall comply with Rules 2-303 through 2-305. The complaint may state that the
amount of damages sought is more than the required jurisdictional amount, but the amount
sought shall not be stated.
Committee note. -- See Ott v. Kaiser Georgetown Health Plan, 309 Md. 641 (1987), recognizing
that an action to reject an award may be filed in a United States District Court.
(2) Time for filing. The complaint shall be filed within the later of (A) 30 days after the Director
serves the award or the assessment of costs or (B) ten days after service by the chair of the panel
or the Director, whichever first occurs, of the disposition of a timely-filed application for
modification or correction. A complaint filed before the disposition of an application does not
deprive the panel of jurisdiction to dispose of the application. The action in the circuit court shall
not proceed until the date a copy of the disposition is filed in that court. All time periods
provided for in this Rule shall begin to run from that date.
(c) Defendant's action to reject.
(1) How commenced. The defendant shall commence an action to reject an award, the
assessment of costs, or both by filing a notice of action to reject with the Director. The notice
shall (A) identify the award, state whether the award, the assessment of costs, or both are being
rejected, (B) state that the defendant is the rejecting party, (C) identify all plaintiffs as to whom
the defendant rejects the award, the assessment of costs, or both, and (D) allege that the
monetary amount being rejected is more than the required jurisdictional amount.
(2) Time for filing. The notice shall be filed within the later of (A) 30 days after the Director
serves the award or the assessment of costs or (B) ten days after service by the chair of the panel
or the Director, whichever first occurs, of the disposition of a timely-filed application for
modification or correction. A notice filed before the disposition of an application does not
deprive the panel of jurisdiction to consider the application.
(3) Plaintiff to file complaint. When a defendant files a notice of action to reject, a plaintiff who
desires to contest the action or reject the award or the assessment of costs shall file a complaint
against any rejecting defendants and any defendants as to whom the plaintiff rejects the award or
the assessment of costs. The complaint shall be filed within the later of (A) 30 days after service
of the notice or (B) ten days after service by the chair of the panel or the Director, whichever first
occurs, of the disposition of a timely-filed application for modification or correction. The
complaint shall (A) identify the award and whether the award, the assessment of costs, or both
are being rejected, (B) state who rejects the award, the assessment of costs, or both, and (C)
identify all parties against whom the award, the assessment of costs, or both are rejected. If the
complaint is filed in a circuit court, it shall comply with Rules 2-303 through 2-305. The
complaint may state that the amount of damages sought is more than the required jurisdictional
amount, but the amount sought shall not be stated.
(d) Service.
(1) Of complaint. The plaintiff shall serve the complaint upon each defendant named in the
complaint, the Director, and all other parties to the arbitration proceeding. Service upon the
defendant shall be either in the manner prescribed by Rule 2-121 or, if the defendant was
represented by counsel in the arbitration proceeding, on counsel by certified mail, return receipt
requested. Service upon all other parties to the arbitration proceeding and upon the Director shall
be in the manner prescribed by Rule 1-321.
(2) Of notice of action to reject. The defendant shall serve a copy of the notice to reject upon the
plaintiff and all other parties to the arbitration proceeding. Service upon the plaintiff shall be
either in the manner prescribed by Rule 2-121 or, if the plaintiff was represented by counsel in
the arbitration proceeding, on counsel by certified mail, return receipt requested. Service upon all
other parties to the arbitration proceeding shall be in the manner prescribed by Rule 1-321.
(e) Modification, correction, or vacation of award or assessment of costs by court.
(1) Motion; when filed. In an action to reject, an allegation that an award or the assessment of
costs is improper because of any ground stated in Code, Courts Article, 3-223 (b), 3-224 (b)
(1), (2), (3), or (4), or 3-2A-05 (h) shall be made by motion filed at least 30 days before trial, or
the ground is waived. The court shall decide the motion before trial.
(2) Modification of award. If the court finds that a condition stated in Code, Courts Article, 3-
223 (b) exists, or that the award or assessment of costs was not appropriately modified in
accordance with Code, Courts Article, 3-2A-05 (h), it shall modify or correct the award or the
assessment of costs. If the rejecting party still desires to proceed with judicial review, the
modified or corrected award or the assessment of costs shall be substituted for the original
award.
(3) Vacation of award. If the court finds that a condition stated in Code, Courts Article, 3-224
(b) (1), (2), (3), or (4) exists, it shall vacate the award or the assessment of costs, and trial of the
case shall proceed as if there had been no award or assessment of costs.
MARYLAND RULES
CHAPTER 500. INJUNCTIONS
Md. Rule 15-501 (2012)
Rule 15-501. Injunctions -- Definitions
The following definitions apply in the rules in this Chapter:
(a) Injunction. "Injunction" means an order mandating or prohibiting a specified act.

(b) Preliminary injunction. "Preliminary injunction" means an injunction granted after
opportunity for a full adversary hearing on the propriety of its issuance but before a final
determination of the merits of the action.
(c) Temporary restraining order. "Temporary restraining order" means an injunction granted
without opportunity for a full adversary hearing on the propriety of its issuance.
MARYLAND RULES
Md. Rule 15-502 (2012)
Rule 15-502. Injunctions -- General provisions
(a) Exception to applicability -- Labor disputes. Rules 15-501 through 15-505 do not modify or
supersede Code, Labor and Employment Article, Title 4, Subtitle 3 or affect the prerequisites for
obtaining, or the jurisdiction to grant, injunctions under those Code sections.
(b) Issuance at any stage. Subject to the rules in this Chapter, the court, at any stage of an action
and at the instance of any party or on its own initiative, may grant an injunction upon the terms
and conditions justice may require.
(c) Adequate remedy at law. The court may not deny an injunction solely because the party
seeking it has an adequate remedy in damages unless the adverse party has filed a bond with
security that the court finds adequate to provide for the payment of all damages and costs that the
adverse party might be adjudged to pay by reason of the alleged wrong.
(d) Not binding without notice. An injunction is not binding on a person until that person has
been personally served with it or has received actual notice of it by any means.
(e) Form and scope. The reasons for issuance or denial of an injunction shall be stated in writing
or on the record. An order granting an injunction shall (1) be in writing (2) be specific in terms,
and (3) describe in reasonable detail, and not by reference to the complaint or other document,
the act sought to be mandated or prohibited.
(f) Modification or dissolution. A party or any person affected by a preliminary or a final

injunction may move for modification or dissolution of an injunction.
MARYLAND RULES
Md. Rule 15-503 (2012)

Rule 15-503. Bond -- Temporary restraining order and preliminary injunction
(a) Generally. Except as otherwise provided in this Rule, a court may not issue a temporary
restraining order or preliminary injunction unless a bond has been filed. The bond shall be in an
amount approved by the court for the payment of any damages to which a party enjoined may be
entitled as a result of the injunction.
(b) State of Maryland. If the injunction is sought by the State of Maryland, a political subdivision
of the State of Maryland, or an officer or agency of the State or subdivision, the court may
dispense with the requirement of a bond and shall do so when required by law.
(c) Waiver. On request, the court may dispense with the requirement of surety or other security
for a bond if it is satisfied that (1) the person is unable to provide surety or other security for the
bond, (2) substantial injustice would result if an injunction did not issue, and (3) the case is one
of extraordinary hardship. The request shall be supported by an affidavit or testimony under oath
stating the grounds for entitlement to the waiver.
MARYLAND RULES
Md. Rule 15-504 (2012)
Rule 15-504. Temporary restraining order
(a) Standard for granting. A temporary restraining order may be granted only if it clearly
appears from specific facts shown by affidavit or other statement under oath that immediate,
substantial, and irreparable harm will result to the person seeking the order before a full
adversary hearing can be held on the propriety of a preliminary or final injunction.
(b) Without notice. A temporary restraining order may be granted without written or oral notice
only if the applicant or the applicant's attorney certifies to the court in writing, and the court
finds, that specified efforts commensurate with the circumstances have been made to give notice.
Before ruling, the judge may communicate informally with other parties and any other person
against whom the order is sought or their attorneys.
(c) Contents and duration. In addition to complying with Rule 15-502 (e), the order shall (1)
contain the date and hour of issuance; (2) define the harm that the court finds will result if the
temporary restraining order does not issue; (3) state the basis for the court's finding that the harm
will be irreparable; (4) state that a party or any person affected by the order may apply for a
modification or dissolution of the order on two days' notice, or such shorter notice as the court
may prescribe, to the party who obtained the order; and (5) set forth an expiration date, which
shall be not later than ten days after issuance for a resident and not later than 35 days after
issuance for a nonresident. The order shall be promptly filed with the clerk. On motion filed
pursuant to Rule 1-204, the court by order may extend the expiration date for no more than one
additional like period, unless the person against whom the order is directed consents to an
extension for a longer period. The order shall state the reasons for the extension.
(d) Service; binding effect. A temporary restraining order shall be served promptly on the person
to whom it is directed, but it shall be binding on that person upon receipt of actual notice of it by
any means.
(e) Denial. If the court denies a temporary restraining order, the clerk shall note the denial by
docket entry in accordance with Rule 2-601 (b).
(f) Modification or dissolution. A party or person affected by the order may apply for
modification or dissolution of the order on two days' notice to the party who obtained the
temporary restraining order, or on such shorter notice as the court may prescribe. The court shall
proceed to hear and determine the application at the earliest possible time. The party who
obtained the temporary restraining order has the burden of showing that it should be continued.
MARYLAND RULES
Md. Rule 15-505 (2012)
Rule 15-505. Preliminary injunction
(a) Notice. A court may not issue a preliminary injunction without notice to all parties and an
opportunity for a full adversary hearing on the propriety of its issuance.
(b) Consolidation with trial on merits. Before or after commencement of the hearing on the
preliminary injunction, the court may order that a trial on the merits be advanced and
consolidated with the preliminary injunction hearing, so long as any right to trial by jury is
preserved.

MARYLAND RULES
CHAPTER 600. JUDICIAL RELEASE
Md. Rule 15-601 (2012)
Rule 15-601. Judicial release of individuals confined for mental disorders
(a) Statutory definitions. The definitions stated in Code, Health-General Article, 10-101 are
applicable to this Rule except that in this Rule, the term "facility" includes hospitals operated by
the Department of Veterans Affairs.
(b) Applicability. This Rule applies to petitions filed pursuant to Code, Health-General Article,
10-805 for release from a facility.
(c) Contents of petition. A petition for judicial release of a patient from

a facility treating or caring for patients with mental disorders shall be
titled "In the Matter of for the Judicial Release From ". The
petition shall comply with Rules 2-303 through 2-305 and shall set forth:
(1) the name and address of the petitioner;
(2) the name of the patient and the facility at which the patient is confined;
(3) if the petition is filed by a person other than the patient, the petitioner's relationship to the
patient and a description of the interest of the petitioner in the welfare of the patient;
(4) petitioner's best information as to the date of admission of the patient to the facility;
(5) whether the admission was voluntary or involuntary;
(6) the ground upon which the release is requested, which shall be that at the time the petition is
filed one of the following is true: (A) the patient has no mental disorder; or (B) if the patient has
a mental disorder, the disorder does not require inpatient medical care or treatment for the
protection of the patient or others;
(7) a statement to the best of the petitioner's knowledge as to whether there were previous
proceedings for the judicial release of the patient and, if so, a description of the proceedings,
including a docket reference and any outcome; and
(8) if a jury trial is desired, a request for jury trial in the form prescribed in Rule 2-325.
MARYLAND RULES
CHAPTER 700. MANDAMUS
Md. Rule 15-701 (2012)
Rule 15-701. Mandamus
(a) Applicability. This Rule applies to actions for writs of mandamus other than administrative
mandamus pursuant to Title 7, Chapter 400 of these Rules or mandamus in aid of appellate
jurisdiction.
(b) Commencement of action. An action for a writ of mandamus shall be commenced by the
filing of a complaint, the form and contents of which shall comply with Rules 2-303 through 2-
305. The plaintiff shall have the right to claim and prove damages, but a demand for general
relief shall not be permitted.
Committee note. -- Because a mandamus action is similar to an ordinary civil proceeding, the
discovery rules and the Rules in Title 5 apply. Code, Courts Article, 3-8B-02 provides: "An
action for a writ of mandamus shall be tried by a jury on request of either party." This has been
judicially interpreted to apply to fact questions. See Cicala v. Disability Review Board for Prince
George's County, 288 Md. 254 (1980).
(c) Defendant's response. The defendant may respond to the complaint as provided in Rule 2-322
or Rule 2-323. An answer shall fully and specifically set forth all defenses upon which the
defendant intends to rely.
(d) Amendment. Amendment of pleadings shall be in accordance with Rule 2-341.
(e) Writ of mandamus.
(1) Contents and compliance. The writ shall be peremptory in form and shall require the
defendant to perform immediately the duty sought to be enforced, unless for good cause shown
the court extends the time for compliance. The writ need not recite the reasons for its issuance.
(2) Certificate of compliance. Immediately after compliance, the defendant shall file a certificate
stating that all the acts commanded by the writ have been fully performed.
(3) Enforcement. Upon application by the plaintiff, the court may proceed under Rule 2-648
against a party who disobeys the writ.
(f) Adequate remedy at law. The existence of an adequate remedy in damages does not preclude
the issuance of the writ unless the defendant establishes that property exists from which damages
can be recovered or files a sufficient bond to cover all damages and costs.
MARYLAND RULES
CHAPTER 800. MARYLAND AUTOMOBILE INSURANCE FUND
Md. Rule 15-801 (2012)
Rule 15-801. Actions involving the Maryland Automobile Insurance Fund
The rules in this Chapter apply to actions involving the Maryland Automobile Insurance Fund
that are authorized by Code, Insurance Article, 20-601.
MARYLAND RULES
Md. Rule 15-802 (2012)
In Rules 15-803 through 15-805 the following definitions apply:
(a) Claimant. "Claimant" means a person who claims damages resulting from an act or omission
of a disappearing motorist, an unidentified motorist, or an uninsured motorist.
Cross references. -- Code, Insurance Article, 20-601.
(b) Disappearing motorist. "Disappearing motorist" means a motor vehicle owner or operator (1)
whose identity is known but whose whereabouts cannot be ascertained for the purpose of serving
process and (2) who was uninsured at the time of the act or omission or whose status as insured
or uninsured cannot be ascertained, after all reasonable efforts have been made.
(c) Executive Director. "Executive Director" means the Executive Director of the Maryland
Automobile Insurance Fund or a designee of the Executive Director.
(d) Fund. "Fund" means the Maryland Automobile Insurance Fund.
(e) Unidentified motorist. "Unidentified motorist" means a motor vehicle owner or operator
whose identity and whereabouts are not known.
(f) Uninsured motorist. "Uninsured motorist" means a motor vehicle owner or operator whose
whereabouts are ascertainable for the purpose of serving process, but who was uninsured at the
time of the act or omission.

MARYLAND RULES
Md. Rule 15-803 (2012)
Rule 15-803. Uninsured motorist -- Action against motorist
(a) Against whom brought. An action on a claim against an uninsured motorist shall be brought
against the uninsured motorist. The Fund shall not be named as a defendant.
(b) Notice to Executive Director. Within 15 days after the filing of the complaint, the claimant
shall mail a copy of the complaint and summons to the Executive Director. Failure to give notice
pursuant to this section shall not defeat the claim against the Fund if the Fund has reasonable
notice of the pendency of the action and a reasonable opportunity to defend.
(c) Order for payment.
(1) By consent. After entry of a money judgment against the uninsured motorist, the claimant
may file with the court a stipulation, signed by the Executive Director, setting forth the
deductions required by law and consenting to entry of an order directing payment of a specified
amount by the Fund.
(2) On motion. After entry of a money judgment against the uninsured motorist, the claimant
may file a motion for payment of a specified amount by the Fund. The motion shall be supported
by affidavit, shall set forth the grounds for entitlement to payment by the Fund and all the
deductions required by law, and shall be served on the Executive Director.
MARYLAND RULES
Md. Rule 15-804 (2012)
Rule 15-804. Unidentified or disappearing motorist -- Action against Fund
(a) Against whom brought. An action on a claim against an unidentified or disappearing

motorist shall be brought against the Fund.
(b) Condition precedent to action against Fund. Prior to bringing an action against the Fund for
damages resulting from an act or omission of an unidentified motorist or a disappearing motorist,
the claimant shall first present a request to the Executive Director, in the manner and form
prescribed by the Executive Director, for a stipulation by the Fund that the claimant has met the
procedural requirements for bringing an action against the Fund.
(c) Venue. The venue of an action against the Fund shall be either the county in which the
claimant resides or the county in which the alleged act or omission by the unidentified motorist
or disappearing motorist occurred.
(d) Complaint. In addition to complying with Rules 2-303 through 2-305, the complaint shall
contain a statement as to whether the stipulation requested pursuant to section (b) of this Rule
was granted or refused. If the stipulation was granted, a copy of the stipulation shall be filed with
the complaint.
(e) Motion to dismiss. If the stipulation requested pursuant to section (b) of this Rule was
refused, the Fund, within the time for filing an answer to the complaint, may file a motion to
dismiss the complaint for failure of the claimant to meet the procedural requirements for bringing
an action against the Fund. This defense may be joined with any other defense raised by motion
pursuant to Rule 2-322 and is waived if not raised by motion before an answer is filed. When a
motion is filed pursuant to this section, the time for filing an answer is extended without special
order of the court to 15 days after entry of an order denying the motion.
(f) Order for payment.
(1) By consent. After determination of the claimant's gross damages, the claimant may file a
stipulation, signed by the Executive Director, setting forth the deductions required by law and
consenting to entry of an order directing payment of a specified amount by the Fund.
(2) On motion. After determination of the claimant's gross damages, either party may file a
motion for an order directing payment by the Fund of a specified amount. The motion shall set
forth the deductions required by law.
MARYLAND RULES
Md. Rule 15-805 (2012)
If the claimant and the Fund enter into a settlement agreement, in an action involving a claim
for payment by the Fund, the court may enter a judgment by consent of the parties upon the
filing of a motion setting forth the grounds for the claimant's entitlement to payment by the Fund,
all the deductions required by law, and the amount of the agreed settlement. The motion shall be
accompanied by a stipulation signed by the Executive Director consenting to entry of an order
directing payment of a specified amount by the Fund.
MARYLAND RULES
CHAPTER 900. NAME -- CHANGE OF
Md. Rule 15-901 (2012)
Rule 15-901. Action for change of name
(a) Applicability. This Rule applies to actions for change of name other than in connection with
an adoption or divorce.
(b) Venue. An action for change of name shall be brought in the county where the person whose
name is sought to be changed resides.
(c) Petition.
(1) Contents. The action for change of name shall be commenced by filing a petition captioned
"In the Matter of ..." [stating the name of the person whose name is sought to be changed] "for
change of name to ..." [stating the change of name desired]. The petition shall be under oath and
shall contain at least the following information:
(A) the name, address, and date and place of birth of the person whose name is sought to be
changed;
(B) whether the person whose name is sought to be changed has ever been known by any other
name and, if so, the name or names and the circumstances under which they were used;
(C) the change of name desired;
(D) all reasons for the requested change;
(E) a certification that the petitioner is not requesting the name change for any illegal or
fraudulent purpose;
(F) if the person whose name is sought to be changed is a minor, the names and addresses of that
person's parents and any guardian or custodian; and
(G) whether the person whose name is sought to be changed has ever registered as a sexual
offender and, if so, the full name(s) (including suffixes) under which the person was registered.
Cross references. -- See Code, Criminal Procedure Article, 11-705, which requires a registered
sexual offender whose name has been changed by order of court to send written notice of the
change to the Department of Public Safety and Correctional Services within seven days after the
order is entered.
(2) Documents to be attached to petition. The petitioner shall attach to the petition a copy of a
birth certificate or other documentary evidence from which the court can find that the current
name of the person whose name is sought to be changed is as alleged.
(d) Service of petition -- When required. If the person whose name is sought to be changed is a
minor, a copy of the petition, any attachments, and the notice issued pursuant to section (e) of
this Rule shall be served upon that person's parents and any guardian or custodian in the manner
provided by Rule 2-121. When proof is made by affidavit that good faith efforts to serve a
parent, guardian, or custodian pursuant to Rule 2-121 (a) have not succeeded and that Rule 2-121
(b) is inapplicable or that service pursuant to that Rule is impracticable, the court may order that
service may be made by (1) the publication required by subsection (e)(2) of this Rule and (2)
mailing a copy of the petition, any attachments, and notice by first class mail to the last known
address of the parent, guardian, or custodian to be served.
(e) Notice.
(1) Issued by clerk. Upon the filing of the petition, the clerk shall sign and issue a notice that (A)
includes the caption of the action, (B) describes the substance of the petition and the relief
sought, and (C) states the latest date by which an objection to the petition may be filed.
(2) Publication. Unless the court on motion of the petitioner orders otherwise, the notice shall be
published one time in a newspaper of general circulation in the county in which the action was
pending at least fifteen days before the date specified in the notice for filing an objection to the
petition. The petitioner shall thereafter file a certificate of publication.
(f) Objection to petition. Any person may file an objection to the petition. The objection shall be
filed within the time specified in the notice and shall be supported by an affidavit which sets
forth the reasons for the objection. The affidavit shall be made on personal knowledge, shall set
forth facts that would be admissible in evidence, and shall show affirmatively that the affiant is
competent to testify to the matters stated in the affidavit. The objection and affidavit shall be
served upon the petitioner in accordance with Rule 1-321. The petitioner may file a response
within 15 days after being served with the objection and affidavit. A person desiring a hearing
shall so request in the objection or response under the heading "Request for Hearing."
(g) Action by court. After the time for filing objections and responses has expired, the court may
hold a hearing or may rule on the petition without a hearing and shall enter an appropriate order,
except that the court shall not deny the petition without a hearing if one was requested by the
petitioner.
HISTORY: (Amended April 5, 2005, effective July 1, 2005; June 7, 2011, effective July 1,
2011.)
MARYLAND RULES
CHAPTER 1000. WRONGFUL DEATH
Md. Rule 15-1001 (2012)
Rule 15-1001. Wrongful death
(a) Applicability. This Rule applies to an action involving a claim for damages for wrongful
death.
Cross references. -- See Code, Courts Article, 3-901 through 3-904, relating to wrongful death
claims generally. See Code, Courts Article, 5-806, relating to wrongful death claims between
parents and children arising out of the operation of a motor vehicle. See also Code, Labor and
Employment Article, 9-901 et seq. relating to wrongful death claims when workers'
compensation may also be available, and Code, Insurance Article, 20-601, relating to certain
wrongful death claims against the Maryland Automobile Insurance Fund. See also Code, Estates
and Trusts Article, 8-103, relating to the limitation on presentation of claims against a
decedent's estate.
(b) Plaintiff. If the wrongful act occurred in this State, all persons who are or may be entitled by
law to damages by reason of the wrongful death shall be named as plaintiffs whether or not they
join in the action. The words "to the use of" shall precede the name of any person named as a
plaintiff who does not join in the action.
(c) Notice to use plaintiff. The party bringing the action shall mail a copy of the complaint by
certified mail to any use plaintiff at the use plaintiff's last known address. Proof of mailing shall
be filed as provided in Rule 2-126.
(d) Complaint. In addition to complying with Rules 2-303 through 2-305, the complaint shall
state the relationship of each plaintiff to the decedent whose death is alleged to have been caused
by the wrongful act.
HISTORY: (Amended May 9, 2000, effective July 1, 2000; Jan. 8, 2002, effective Feb. 1,
2002.)
MARYLAND RULES
CHAPTER 1100. CATASTROPHIC HEALTH EMERGENCY
Md. Rule 15-1101 (2012)
Rule 15-1101. Construction
The Rules in this Chapter shall be construed to facilitate the efficient adjudication of any
proceedings brought pursuant to Code, Health-General Article, 18-906 and Code, Public Safety
Article, 14-3A-05. These Rules do not prohibit an individual from seeking habeas corpus
relief.

MARYLAND RULES
Md. Rule 15-1102 (2012)
The definitions set forth in Code, Health-General Article, 1-101 and 18-901 and Code,
Public Safety Article, 1-101 and 14-3A-01, are incorporated in this Chapter by reference.

MARYLAND RULES
Md. Rule 15-1103 (2012)
Rule 15-1103. Initiation of proceeding to contest isolation or quarantine

(a) Petition for Relief. An individual or group of individuals required to go to or remain in a
place of isolation or quarantine by a directive of the Secretary issued pursuant to Code, Health-
General Article, 18-906 or Code, Public Safety Article, 14-3A-05, may contest the isolation
or quarantine by filing a petition for relief in the circuit court for the county in which the
isolation or quarantine is occurring or, if that court is not available, in any other circuit court.
Committee note. -- Motions to seal or limit inspection of a case record are governed by Rule 16-
1009. The right of a party to proceed anonymously is discussed in Doe v. Shady Grove Hosp., 89
Md. App. 351, 360-66 (1991).
(b) Order Assigning Judge and Setting Hearing. The County Administrative Judge or that judge's
designee shall enter an order (1) assigning the matter to a judge and (2) setting the date, time, and
location of a hearing on the petition or directing the clerk to promptly set the hearing and notify
the parties. The clerk shall provide a copy of the order to all parties, the State Court
Administrator, and the Chief Judge of the Court of Appeals.
Cross references. -- See Code, Health-General Article, 18-906 (b), Code, Public Safety Article,
14-3A-05 (c), and Rule 15-1104 (c) concerning the time within which a hearing is to be
conducted.
(c) Notice. No later than the day after the petition was filed, the clerk shall provide a copy of the
petition and a notice of the date that it was filed to the Secretary or other official designated by
the Secretary and to counsel to the Department of Health and Mental Hygiene.
(d) Answer to Petition. The Secretary or other official designated by the Secretary may file an
answer to the petition. If an answer is not filed, the allegations of the petition shall be deemed
denied.
HISTORY: (Added April 5, 2005, effective July 1, 2005; June 7, 2011, effective July 1, 2011.)
MARYLAND RULES
Md. Rule 15-1104 (2012)
Rule 15-1104. Proceedings in circuit court
(a) Appointment of Counsel. If a petition has been filed pursuant to Rule 15-1103 by an
individual or group not represented by counsel and the petitioner does not decline court-
appointed counsel, the circuit court shall appoint counsel in accordance with Code, Health-
General Article, 18-906 (c), or the Court of Appeals shall appoint counsel in accordance with
Code, Public Safety Article, 14-3A-05 (f)(2). The court making the appointment may order the
Secretary to pay reasonable fees and costs of the court-appointed counsel.
(b) Consolidation of Actions, Claims, and Issues. Consolidation of actions, claims, and issues is
governed by Rules 2-327 and 2-503 and by Code, Health General Article, 18-906 (b)(7) or
Code, Public Safety Article, 14-3A-05 (f)(1).
(c) Time for Hearing. The circuit court shall conduct a hearing within three days after the date
that the petition was filed, except that the court may extend the time for the hearing:
(1) upon a request by the Secretary or other designated official in accordance with Code, Health-
General Article, 18-906 (b)(4) or Code, Public Safety Article, 14-3A-05 (c)(4);
(2) upon a request by a petitioner for good cause; or
(3) to effectuate the consolidation of proceedings.
(d) Appearance at and Conduct of the Hearing. If one or more of the parties, their counsel, or
witnesses are unable to appear personally at the hearing, and the fair and effective adjudication
of the proceedings permits, the court may:
(1) accept pleadings and admit documentary evidence submitted or proffered by courier,
facsimile, or electronic mail;
(2) if feasible, conduct the proceedings by means of a telephonic conference call, live closed
circuit television, live internet or satellite video conference transmission, or other available
means of communication that reasonably permits the parties or their authorized representatives to
participate fully in the proceedings; and
(3) decline to require strict application of the rules of evidence other than those relating to the
competency of witnesses and lawful privileges.
MARYLAND RULES
Md. Rule 15-1105 (2012)
Rule 15-1105. Decision and order
(a) Factors to be Considered. In making its determination on the petition, the court shall
consider the following factors:
(1) the means of transmission of the disease or outbreak that is believed to be caused by
exposure to a deadly agent;
(2) the degree of contagion that is associated with exposure to a deadly agent;
(3) the degree of public exposure to the disease or outbreak;
(4) the risk and severity of the possible results from infection, injury, or death of an individual or
group of individuals by a deadly agent;
(5) whether the petitioner or the group of individuals similarly situated to the petitioner may
have been exposed to a deadly agent;
(6) the potential risk to the public health of an order enjoining the Secretary's directive or
otherwise requiring the immediate release from isolation or quarantine of the petitioner or of an
individual or group of individuals similarly situated; and
(7) any other material facts.
(b) Decision. The court shall order the release of the petitioner unless the court finds by a
preponderance of the evidence that the Secretary's directive to isolate or quarantine is necessary
and reasonable under the circumstances to prevent or reduce the spread of the disease or
outbreak believed to have been caused by exposure to a deadly agent. Otherwise, the court shall
deny the petition and issue an order authorizing the continued isolation or quarantine of the
petitioners.
(c) Statement of Reasons. The court shall prepare and file or dictate into the record a brief
statement of the reasons for its decision and enter an order in accordance with section (d) of this
Rule. If dictated into the record, the statement shall be transcribed promptly.
(d) Order.
(1) Generally. The order shall:
(A) be in writing;
(B) be filed no later than the next business day after the hearing concludes; and
(C) be given to the parties or their counsel of record, except as otherwise provided in subsection
(d)(2)(A) of this Rule.
(2) Orders Authorizing Continued Isolation or Quarantine. An order authorizing continued

isolation or quarantine of the individual or group of individuals shall:
(A) be served by the Secretary or the Secretary's designee on the individual or group of
individuals specified in the order, unless service is impractical due to the number or geographical
dispersion of the affected individuals, in which case the court shall provide for notice to the
affected individuals by personal service or by any means available;
(B) be effective for a specific period of time not to exceed 30 days; and
(C) reasonably identify the isolated or quarantined individual or group of individuals by name or
by shared characteristics; and
(D) specify all material findings of fact and conclusions of law and may incorporate by
reference a transcript of the proceedings.
Committee note. -- An order entered under section (d) of this Rule must either order the release
of the petitioner (with or without a stay of that order) or authorize the continued isolation of
quarantine imposed by the Secretary. Except as provided by Rule 15-1104 (a), the Rules is this
Chapter do not authorize the court to grant any other relief.
(e) Stay. Upon request of the Secretary, the court may stay an order releasing the petitioner
pending appellate review if the request is accompanied by an undertaking in writing or on the
record that the Secretary will seek immediate appellate review of the order and the petitioner has
been afforded an opportunity to be heard.
MARYLAND RULES
Md. Rule 15-1106 (2012)
Rule 15-1106. Motion to continue order
Before the expiration of a court order authorizing or continuing isolation or quarantine, the
Secretary may move for a continuation of the order for another period not to exceed 30 days. The
motion shall be filed in the court that entered the order. Unless the petitioner consents, the
motion shall not be granted without a hearing.

MARYLAND RULES
Md. Rule 15-1107 (2012)
Rule 15-1107. Appellate review
A party adversely affected by the court's ruling on a petition for relief or on a subsequent
motion to continue an order authorizing isolation or quarantine shall have the right of appellate
review. The appellate court shall decide the appeal as soon as is reasonably practicable. In order
to do so, the appellate court may modify the timing and filing requirements of any Rule in Title
8.
MARYLAND RULES
CHAPTER 1200. CORAM NOBIS
Md. Rule 15-1201 (2012)
The Rules in this Chapter govern proceedings for a writ of coram nobis as to a prior judgment
in a criminal action.
MARYLAND RULES
Md. Rule 15-1202 (2012)
(a) Filing; caption. An action for a writ of error coram nobis is commenced by the filing of a
petition in the court where the conviction took place. The caption of the petition shall state the
case number of the criminal action to which the petition relates. If practicable, the petition shall
be filed in the criminal action.
Committee note. -- For the authority of the District Court to issue a writ of error coram nobis, see
Code, Courts Article, 1-609. See Rule 1-301 (a) for captioning and titling requirements of court
papers.
(b) Content.
(1) The petition shall include:
(A) the identity of the petitioner as the person subject to the judgment and sentence;
(B) the place and date of trial, the offense for which the petitioner was convicted, and the
sentence imposed;
(C) a statement of all previous proceedings, including appeals, motions for new trial, post
conviction petitions, and previous petitions for writ of error coram nobis, and the results of those
proceedings;
(D) the facts that would have resulted in the entry of a different judgment and the allegations of
error upon which the petition is based;
(E) a statement that the allegations of error have not been waived;
Cross references. -- See Holmes v. State, 401 Md. 429 (2007).
(F) the significant collateral consequences that resulted from the challenged conviction;
(G) the unavailability of appeal, post conviction relief, or other remedies; and
(H) a demand for relief.
(2) The petition may include a concise argument with citation to relevant authority.
(c) Attachments. The petitioner shall attach to the petition all relevant portions of the transcript
or explain why the petitioner is unable to do so.
(d) Service. The petitioner shall serve a copy of the petition and any attachments on the State's
Attorney pursuant to Rule 1-321 (a).
(e) Amendment. Amendment of the petition shall be freely allowed when justice so permits.
HISTORY: (Added Nov. 8, 2005, effective Jan. 1, 2006; amended Sept. 10, 2009, effective Oct.
1, 2009.)
MARYLAND RULES
Md. Rule 15-1203 (2012)
Upon the filing of a petition for a writ of error coram nobis, the clerk promptly shall notify the
State's Attorney that the petition has been filed and the case number of the criminal action to
which the petition relates.

MARYLAND RULES
Md. Rule 15-1204 (2012)
Rule 15-1204. Response

The State's Attorney shall file a response to the petition within 30 days after the clerk gives
notice of the filing, or within such other time as the court may order.

MARYLAND RULES
Md. Rule 15-1205 (2012)
Voluntary dismissal of a petition is governed by Rules 2-506 and 3-506.
MARYLAND RULES
Md. Rule 15-1206 (2012)
(a) Generally. The court, in its discretion, may hold a hearing on the petition. The court may
deny the petition without a hearing but may grant the petition only if a hearing is held. The court
may permit evidence to be presented by affidavit, deposition, oral testimony, or any other
manner that the court finds convenient and just. In the interest of justice, the court may decline to
require strict application of the Rules in Title 5, except those relating to competency of
witnesses.
(b) Notice to victims. The State's Attorney shall give notice to each victim and victim's
representative who has filed a Crime Victim Notification Request form pursuant to Code,
Criminal Procedure Article, 11-104 or who has submitted a written request to the State's
Attorney to be notified of subsequent proceedings as provided under Code, Criminal Procedure
Article, 11-503. The notice shall state that (1) a petition for a writ of error coram nobis has
been filed; (2) the petition has been denied without a hearing or the date, time, and location of
the hearing; and (3) each victim or victim's representative may attend any hearing and request the
opportunity to be heard. The court may allow the testimony of a victim or victim's representative
if relevant to an issue before the court.

MARYLAND RULES
Md. Rule 15-1207 (2012)
Rule 15-1207. Statement and order of court
(a) Statement. The judge shall prepare and file or dictate into the record a statement setting
forth separately each ground on which the petition is based, the federal and state rights involved,
the court's ruling with respect to each ground, and the reasons for the ruling.
(b) Order of court. The statement shall include or be accompanied by an order granting or
denying relief. If the order is in favor of the petitioner, the court may provide for rearraignment,
retrial, custody, bail, discharge, correction of sentence, or other matters that may be necessary
and proper.
(c) Copy to the parties. A copy of the order shall be filed promptly with the clerk and sent to the
petitioner, petitioner's counsel, and the State's Attorney.
(d) Finality. The order constitutes a final judgment when entered by the clerk.
MARYLAND RULES
TITLE 16. COURTS, JUDGES, AND ATTORNEYS
CHAPTER 100. COURT ADMINISTRATIVE STRUCTURE, JUDICIAL DUTIES, ETC
Md. Rule 16-101 (2012)
Rule 16-101. Administrative responsibility
a. Chief Judge of the Court of Appeals.
1. Generally. The Chief Judge of the Court of Appeals has overall responsibility for the
administration of the courts of this State. In the execution of that responsibility, the Chief Judge:
(A) may exercise the authority granted by the Rules in this Chapter or otherwise by law;
(B) shall appoint a State Court Administrator to serve at the pleasure of the Chief Judge;
(C) may delegate administrative duties to other persons within the judicial system, including
retired judges recalled pursuant to Md. Constitution, Article IV, 3A; and
(D) may assign a judge of any court other than an Orphans' Court to sit temporarily in any other
court.
2. Pretrial proceeding in certain criminal cases. The Chief Judge of the Court of Appeals may, by
Administrative Order, require in any county a pretrial proceeding in the District Court for an
offense within the jurisdiction of the District Court punishable by imprisonment for a period in
excess of 90 days. (Amended June 16, 1975, effective July 1, 1975.)
b. Chief Judge of the Court of Special Appeals. The Chief Judge of the Court of Special Appeals,
subject to the direction of the Chief Judge of the Court of Appeals and pursuant to the provisions
of this Title, shall be responsible for the administration of the Court of Special Appeals. In
fulfilling that responsibility, the Chief Judge of the Court of Special Appeals shall possess, to the
extent applicable, the authority granted to a County Administrative Judge in section d of this
Rule. In the absence of the Chief Judge of the Court of Special Appeals, the provisions of this
Rule shall be applicable to the senior judge present in the Court of Special Appeals.
c. Circuit Administrative Judge.
1. Designation. In each judicial circuit there shall be a Circuit Administrative Judge, who shall be
appointed by order and serve at the pleasure of the Chief Judge of the Court of Appeals. In the
absence of any such appointment, the Chief Judge of the judicial circuit shall be the Circuit
2. Duties. Each Circuit Administrative Judge shall be generally responsible for the administration
of the several courts within the judicial circuit, pursuant to these Rules and subject to the
direction of the Chief Judge of the Court of Appeals. Each Circuit Administrative Judge shall
also be responsible for the supervision of the County Administrative Judges within the judicial
circuit and may perform any of the duties of a County Administrative Judge. The Circuit
Administrative Judge shall also call a meeting of all judges of the judicial circuit at least once
every six months.
Cross references. -- For more detailed provisions pertaining to the duties of Circuit
Administrative Judges, see section (d) of Rule 4-344 (Sentencing -- Review); Rule 16-103
(Assignment of Judges); and Rule 16-104 (Judicial Leave).
d. County Administrative Judge.
1. Designation. After considering the recommendation of the Circuit Administrative Judge, the
Chief Judge of the Court of Appeals may appoint a judge of the Circuit Court for any county to
be County Administrative Judge of the Circuit Court for that county. A County Administrative
Judge shall serve in that capacity at the pleasure of the Chief Judge of the Court of Appeals.
2. Duties. Subject to the supervision of the Circuit Administrative Judge, a County

Administrative Judge shall be responsible for the administration of justice and for the
administration of the court for that county. The duties shall include:
(i) supervision of all judges, officers, and employees of the court, including the authority to
assign judges within the court pursuant to Rule 16-103 (Assignment of Judges);
(ii) supervision and expeditious disposition of cases filed in the court and the control of the trial
calendar and other calendars, including the authority to assign cases for trial and hearing
pursuant to Rule 16-102 (Chambers Judge) and Rule 16-202 (Assignment of Actions for Trial);
(iii) preparation of the court's budget;
(iv) ordering the purchase of all equipment and supplies for the court and its ancillary services,
such as master, auditor, examiner, court administrator, court reporter, jury commissioner, staff of
the medical and probation offices, and all additional court personnel other than personnel
comprising the Clerk of Court's office;
(v) supervision of and responsibility for the employment, discharge, and classification of court
personnel and personnel of its ancillary services and the maintenance of personnel files, unless a
majority of the judges of the court disapproves of a specific action. However, each judge (subject
to budget limitations) shall have the exclusive right to employ and discharge the judge's personal
secretary and law clerk; and
Committee note. -- Article IV, 9, of the Constitution gives the judges of any court the power to
appoint officers and, thus, requires joint exercise of the personnel power. A similar provision
was included in the July 17, 1967 Administrative and Procedure Regulation.
(vi) implementation and enforcement of all policies, rules and directives of the Court of
Appeals, its Chief Judge, and the State Court Administrator, and performance of any other duties
necessary for the effective administration of the judicial business of the court and the prompt
disposition of litigation.
Cross references. -- See also Rule 16-102 (Chambers Judge); Rule 16-103 (Assignment of
Judges); Rule 16-201 (Motion Day -- Calendar); Rule 16-202 (Assignment of Actions for Trial).
3. Power to delegate.
(i) A County Administrative Judge may delegate to any judge, to any committee of judges, or to
any officer or employee any of the administrative responsibilities, duties and functions of the
County Administrative Judge.
(ii) In the implementation of Code, Criminal Procedure Article, 6-103 and Rule 4-271 (a), a
County Administrative Judge may (A) with the approval of the Chief Judge of the Court of
Appeals, authorize one or more judges to postpone criminal cases on appeal from the District
Court or transferred from the District Court because of a demand for jury trial, and (B) except as
provided in subsection d.3.(iii) of this Rule, authorize not more than one judge at a time to
postpone all other criminal cases.
(iii) The administrative judge of the Circuit Court for Baltimore City may authorize one judge
sitting in the Clarence M. Mitchell Courthouse to postpone criminal cases set for trial in that
Courthouse and one judge sitting in Courthouse East to postpone criminal cases set for trial in
that courthouse.
4. Single judge counties. In a county that has only one resident judge of the Circuit Court, that
judge shall exercise the power and authority of a County Administrative Judge.
HISTORY: (Amended Mar. 23, 1989, effective July 1, 1989; June 5, 1996, effective Jan. 1,
1997; Mar. 5, 2001, effective July 1, 2001; Jan. 8, 2002, effective Feb. 1, 2002; Nov. 12, 2003,
effective Jan. 1, 2004; amended Sept. 10, 2009, effective Oct. 1, 2009; amended Sept. 8, 2011,
effective Oct. 1, 2011.)
MARYLAND RULES
Md. Rule 16-102 (2012)
Rule 16-102. Chambers judge
a. Generally.
1. Designation. In a county with more than four resident judges, the County Administrative
Judge shall, and in any other county may, designate one or more of the judges sitting in that
county to sit as chambers judge.
2. Responsibility of County Administrative Judge. In any county where the designation of a

chambers judge is mandatory pursuant to subsection 1 of this section, it shall be the
responsibility of the County Administrative Judge to ensure that a chambers judge is on duty in
the courthouse whenever the courthouse is open for the transaction of judicial business.
b. Duties. A chambers judge shall have primary responsibility for:
(i) Prompt disposition of motions and other preliminary matters which may be disposed of
without hearing, except for motions made or filed during the course of a trial or on the day a case
is set for trial, which motions shall be disposed of by the trial judge.
(ii) Consideration of and, when appropriate, signing show cause orders.
(iii) Conduct of pre-trial conferences and control of the pre-trial calendar, if one has been
established.
(iv) Unless a different procedure is prescribed by the County Administrative Judge,

consideration of and, when appropriate, signing orders and decrees in uncontested or ex parte
cases, and the disposition of motions for continuances or postponements, except such motions
made on the day of or during trial, which shall be disposed of by the trial judge.
MARYLAND RULES
Md. Rule 16-103 (2012)
Rule 16-103. Assignment of judges
a. Chief Judge of the Court of Appeals. The Chief Judge of the Court of Appeals may by order
assign any judge to sit temporarily in any court other than the one to which he was appointed or
elected. The order of assignment shall specify the court in which the judge is to sit and the
duration of the assignment. During the period of the assignment, the assigned judge shall possess
all the power and authority of a judge of the court to which the judge is assigned.
This section, like the constitutional provision (article IV, 18) on which it is based, gives the
Chief Judge of the Court of Appeals full vertical and horizontal assignment power.
b. Circuit Administrative Judge. Except for assignments made pursuant to section a of this Rule,
the Circuit Administrative Judge of each of the judicial circuits may assign any judge of that
judicial circuit to sit as a judge of the Circuit Court of any county in the judicial circuit, in any
specific case or cases or for any specified time. The assignments may be made orally or in
writing.
c. County Administrative Judge. Except for assignments made pursuant to this Rule, assignment
of judges within the Circuit Court for a county in which there is more than one resident judge
shall be made by the County Administrative Judge. The assignments may be made orally or in
writing.
d. Use of assignment power. The assignment power herein established shall be exercised to
ensure full use of judicial personnel throughout the judicial system, to equalize, to the extent
feasible, judicial workloads and to expedite the disposition of pending cases.
2000.)
MARYLAND RULES
Md. Rule 16-104 (2012)
Rule 16-104. Judicial leave
a. Definition of "judge." In this Rule, "judge" means a judge of the Court of Appeals of
Maryland, the Court of Special Appeals, a circuit court or the District Court of Maryland.
b. Annual leave.
1. In general. Subject to the provisions of subsection b 2 and section f of this Rule, a judge is
entitled to annual leave of not more than 27 working days. The leave accrues as of the first day
of the calendar year except that (1) during the first year of a judge's initial term of office, annual
leave accrues at the rate of 2.25 days per month accounting from the date the judge qualifies for
office, and (2) during the calendar year in which the judge retires, annual leave accrues at the
rate of 2.25 days per month to the date the judge retires.
2. Calendar Year 2010.
A. Subject to the provisions of subsection b 2 B and section f of this Rule, in calendar year 2010
a judge is entitled to annual leave of not more than 17 working days. The leave accrues as of the
first day of the calendar year except that (1) during the first year of a judge's initial term of
office, annual leave accrues at the rate of 1.42 days per month accounting from the date the judge
qualifies for office, and (2) during calendar year 2010, if the judge retires in that year, annual
leave accrues at the rate of 1.42 days per month to the date the judge retires.
B. For each day, up to ten days, that a judge contributes to the State of Maryland an amount
equal to the average daily compensation, after federal and state tax and FICA withholdings, of a
judge serving on the court or level of court on which the judge serves, based on a 22-day work
month, as calculated by the State Court Administrator, the judge shall be entitled to one
additional day of annual leave. The judge shall make the contribution prior to taking the
additional day of annual leave in the manner determined by the State Court Administrator.
3. Accumulation. If in any year a judge takes less than the full amount of annual leave the judge
has accrued in that year, the judge may accumulate within any consecutive three year period, the
difference between the leave accrued and the annual leave actually taken by the judge in any year
during the period. However, no more than ten working days annual leave may be accumulated in
any one year, and no judge may accumulate more than 20 working days annual leave in the
aggregate.
4. Consecutive appointment -- Leave status. A judge who is appointed or elected as a judge of

another court, and whose term on the second court begins immediately following service on the
first court has the same leave status as though the judge had remained on the first court.
c. Personal leave.
1. In general. In addition to annual leave as provided above and except as otherwise provided in
subsection 2 of this section, a judge is entitled to six days of personal leave in each calendar year
and personal leave accrues on the first day of each calendar year. Any personal leave unused at
the end of the calendar year is forfeited.
2. First calendar year of initial term. During the first calendar year of a judge's initial term of
office, the judge is entitled to:
A. six days of personal leave if the judge qualified for office in January or February,
B. five days of personal leave if the judge qualified for office in March or April,
C. four days of personal leave if the judge qualified for office in May or June, or
D. three days of personal leave if the judge qualified for office on or after July 1.
d. Sick leave. In addition to the annual leave and personal leave as provided for in this Rule, a
judge: (1) is entitled to unlimited sick leave for any period of the judge's illness or disability that
precludes the judge from performing judicial duties; and (2) may take a reasonable amount of
sick leave (A) for the judge's medical appointments; (B) due to the illness or disability of family
members; or (C) due to the birth, adoption, or foster care placement of a child with the judge, all
subject to the definitions, conditions, limitations, and procedures in an Administrative Order
issued by the Chief Judge of the Court of Appeals. Sick leave used for the purposes allowed by
subsection (2) of this section, together with annual leave and personal leave taken for these
purposes, may not exceed an aggregate total of 12 weeks for the calendar year. The Chief Judge
of the Court of Appeals shall issue an Administrative Order implementing this section. The
Order shall be posted on the Judiciary's website and otherwise made publicly available.
Committee note. -- The authority of the Commission on Judicial Disabilities with respect to a
disability as defined in Rule 16-803 is not affected by this Rule.
e. Termination of judicial service. A judge whose judicial service is terminated for any reason,
and who is not elected or appointed to another court without break in service, loses any annual or
personal leave unused as of the date of termination of service.
f. Discretion of chief judge or administrative judge. A judge's annual leave and personal leave
shall be taken at the time or times prescribed or permitted by the chief judge of the judge's
appellate court, if the judge is a judge of an appellate court; the Circuit Administrative Judge of
the judge's judicial circuit, if the judge is a judge of a circuit court; or the Chief Judge of the
District Court, if the judge is a judge of that court. In determining when a judge may take annual
leave and for what period of time, the judge exercising supervisory authority under this Rule
shall be mindful of the necessity of retention of sufficient judicial staffing in the court or courts
under the judge's supervision to permit at all times the prompt and effective disposition of the
business of that court or those courts. A request for leave at a certain time or for a certain period
of time may be rejected by the judge exercising supervision under this Rule if the granting of the
requested leave would prevent the prompt and effective disposition of business of that court or
those courts, except that personal leave requested for observance of a religious holiday may not
be denied.
g. Supervision by Chief Judge of the Court of Appeals. The operation of this Rule is at all times
subject to the supervision and control of the Chief Judge of the Court of Appeals.
1982; June 28, 1988, effective July 1, 1988; Dec. 31, 1991, effective Jan. 1, 1992; June 5, 1996,
effective Jan. 1, 1997; Dec. 10, 1996, effective Jan. 1, 1997; Dec. 30, 2008, effective Jan. 1,
2009; Dec. 15, 2009, effective Jan. 1, 2010; Jan. 12, 2010, effective Jan. 12, 2010.)
MARYLAND RULES
Md. Rule 16-105 (2012)
Rule 16-105. Reports to be filed
a. Report by judge. Every judge of the Circuit Court shall submit to the County Administrative
Judge reports as the Chief Judge of the Court of Appeals may require, on forms prescribed and
supplied by the State Court Administrator and approved by the Chief Judge of the Court of
Appeals.
b. Report by County Administrative Judge. Each Circuit or County Administrative Judge shall
furnish such other reports as may from time to time be required by the Chief Judge of the Court
of Appeals.
1983; June 5, 1996, effective Jan. 1, 1997; Dec. 16, 1999, effective Jan. 1, 2000.)
MARYLAND RULES
Md. Rule 16-106 (2012)
Rule 16-106. Court sessions -- Holidays -- Time for convening
a. Court sessions -- Holidays. A court shall be in session each day from Monday through
Friday except on holidays. On holidays, no trials or other court proceedings shall be conducted
except in emergency matters or when ordered by the Chief Judge of the Court of Appeals or a
judge of the particular court as the judicial business and public welfare may require. In an
emergency and in the interest of the public welfare, the Chief Judge of the Court of Appeals may
order a court to be closed on any day.
b. Time for convening. All scheduled proceedings will stand for hearing at 10:00 A.M. unless
otherwise ordered by the court.
HISTORY: (Amended Sept. 9, 1969; Oct. 13, 1970; Dec. 13, 1973; Nov. 5, 1976, effective Jan.
1, 1977; June 28, 1988, effective July 1, 1988; July 16, 1992; June 5, 1996, effective Jan. 1,
MARYLAND RULES
Md. Rule 16-107 (2012)
Rule 16-107. Term of court and grand jury
(a) Term of court. For accounting and statistical reporting purposes, each circuit court shall
hold a single term each year beginning on July 1 and ending on the following June 30.
(b) Term of grand jury; extension to complete investigation. The jury plan of a county shall
specify the term for a grand jury for the county. The term of service of any additional grand jury
appointed pursuant to Code, Courts Article, 8-413 shall be as determined by the county
administrative judge. On motion of the State's Attorney, the county administrative judge or the
jury judge may extend the term of a grand jury or additional grand jury so that it may complete
an investigation specified by the judge in the order. The grand jury shall continue until it
concludes its investigation or is sooner discharged by the judge, but is limited to the investigation
specified in the order. In this Rule, "State's Attorney" includes the Attorney General, when using
a grand jury pursuant to Article V, 3 of the Maryland Constitution and the State Prosecutor,
when using a grand jury pursuant to Code, Criminal Procedure Article, 14-110.
HISTORY: (Rescinded and new, Jan. 18, 1996, effective July 1, 1996; amended June 5, 1996,
effective Jan. 1, 1997; Dec. 4, 2007, effective Jan. 1, 2008; Feb. 10, 2009, effective March 1,
2009.)
MARYLAND RULES
Md. Rule 16-108 (2012)
Rule 16-108. Conference of Circuit Judges
a. Purpose. There shall be a Conference of Circuit Judges that represents the interests of the
circuit courts and is a policy advisory body to the Chief Judge of the Court of Appeals, the Court
of Appeals, and other judicial branch agencies in all circuit court matters.
b. Powers.
1. Administration Policies. To fulfill its purpose, the Conference shall work collaboratively and
in consultation with the Chief Judge of the Court of Appeals in developing policies affecting the
administration of the circuit courts, including but not limited to:
(A) programs and practices that will enhance the administration of justice;
(B) the level of operational and judicial resources to be included in the Judiciary Budget;
(C) legislation that may affect the circuit courts; and
(D) the compensation and benefits of circuit court judges.
2. Consultants. With the approval of the Chief Judge, the Conference may retain consultants in
matters relating to the circuit courts.
3. Consultation with Chief Judge of the Court of Appeals. The Conference shall consult with the
Chief Judge of the Court of Appeals:
(A) on the appointment of circuit judges to committees of the Judicial Conference in accordance
with Rule 16-802 f.2.; and
(B) to recommend circuit judges for membership on other committees and bodies of interest to
the circuit courts.
4. Business and Technology Case Management Committee of Program Judges. The Conference
shall appoint a committee of not less than three program judges to perform the duties required by
Rule 17-107 (b) and generally to advise the Conference regarding the Business and Technology
Case Management Program.
Cross references. -- For the definition of "program judge," see Rule 16-205 (a)(3).
5. Majority Vote. The Conference and the Executive Committee of the Conference each shall
exercise its powers and carry out its duties pursuant to a majority vote of its authorized
membership.
c. Membership and operation.
1. Composition. The Conference shall comprise 16 members including the circuit administrative
judge from each judicial circuit and one circuit judge from each judicial circuit who shall be
elected every two years by majority vote of the circuit judges then authorized in the circuit.
2. Chair and Vice-Chair. The Conference shall elect from its members every two years a Chair
and Vice-chair.
3. Quorum. A majority of the authorized membership of the Conference shall constitute a

quorum.
4. Meetings. The Conference shall meet at least four times a year.
d. Executive Committee.
1. Power and Composition. There shall be an Executive Committee of the Conference. It shall
consist of the Conference Chair and Vice-Chair and such other members as may be designated
by the Conference and shall be empowered to act with the full authority of the Conference when
the Conference is not in session. The actions of the Executive Committee will be reported fully
to the Conference at its next meeting.
2. Quorum. A majority of the authorized membership of the Executive Committee shall

constitute a quorum.
3. Convening the Executive Committee. The Executive Committee shall convene at the call of
the Conference Chair. In the absence of the Chair, the Vice-Chair is authorized to convene the
Executive Committee.
e. Conference staff. The Administrative Office of the Courts shall serve as staff to the
Conference and its Executive Committee.
HISTORY: (Added Mar. 14, 1972; amended Nov. 28, 1978; June 5, 1996, effective Jan. 1,
1997; June 8, 1998, effective Oct. 1, 1998; Nov. 12, 2003, effective Jan. 1, 2004.)
MARYLAND RULES
Md. Rule 16-109 (2012)
Rule 16-109. Photographing, recording, broadcasting or televising in courthouses
a. Definitions.
1. "Extended coverage" means any recording or broadcasting of proceedings by the use of

television, radio, photographic, or recording equipment by:
(i) the news media, or
(ii) persons engaged in the preparation of educational films or recordings with the written
approval of the presiding judge.
2. "Local administrative judge" means the county administrative judge in the Circuit Court and
the district administrative judge in the District Court.
3. "Party" means a named litigant of record who has appeared in the proceeding.
4. "Proceeding" means any trial, hearing, motion, argument on appeal or other matter held in
open court which the public is entitled to attend.
5. "Presiding judge" means a trial judge designated to preside over a proceeding which is, or is
intended to be the subject of extended coverage. Where action of a presiding judge is required by
this rule, and no trial judge has been designated to preside over the proceeding, presiding judge
means the local administrative judge. Presiding judge in an appellate court means the Chief
Judge of that Court, or the senior judge of a panel of which the Chief Judge is not a member.
b. General provisions.
1. Unless prohibited by law or this Rule, extended coverage of proceedings in the trial and
appellate courts of this State is permitted in accordance with this Rule.
Committee note. -- Code, Criminal Procedure Article, 1-201 prohibits extended coverage of
criminal proceedings in a trial court or before a grand jury.
2. Outside a courtroom but within a courthouse or other facility extended coverage is prohibited
of persons present for a judicial or grand jury proceeding, or where extended coverage is so close
to a judicial or grand jury proceeding that it is likely to interfere with the proceeding or its
dignity and decorum.
3. Possession of an "electronic device" in a "court facility" as those terms are defined in Rule
16-110 is governed by that Rule.
4. Nothing in this rule is intended to restrict in any way the present rights of the media to report
proceedings.
5. Extended coverage shall be conducted so as not to interfere with the right of any person to a
fair and impartial trial, and so as not to interfere with the dignity and decorum which must attend
the proceedings.
6. No proceeding shall be delayed or continued to allow for extended coverage, nor shall the
requirements of extended coverage in any way affect legitimate motions for continuance or
challenges to the judge.
7. This rule does not apply to:
(i) The use of electronic or photographic equipment approved by the court for the perpetuation
of a court record;
(ii) Investiture or ceremonial proceedings, provided, however, that the local administrative judge
of a trial court and the Chief Judge of an appellate court shall have complete discretion to
regulate the presence and use of cameras, recorders, and broadcasting equipment at the
proceedings.
(iii) The use of electronic or photographic equipment approved by the court to take the
testimony of a child victim under Code, Criminal Procedure Article, 11-303.
c. Request for extended coverage.

1. All requests for extended coverage shall be made in writing to the clerk of the court at which
the proceeding is to be held at least five days before the proceeding is scheduled to begin and
shall specifically identify the proceeding to be covered. For good cause a court may honor a
request which does not comply with the requirements of this subsection. The clerk shall
promptly give notice of a request to all parties to the proceeding.
Cross references. -- For the computation of time before a day, act, or event, see Rule 1-203 (b).
2. Where proceedings are continued other than for normal or routine recesses, weekends, or
holidays, it is the responsibility of the media to make a separate request for later extended
coverage.
d. Action on request. The presiding judge shall grant or deny a request for extended coverage
before the commencement of the proceeding. If the request is granted, the presiding judge shall
promptly notify the local administrative judge who shall make whatever arrangements are
necessary to accommodate the entry into and presence in the courthouse of the persons
conducting the extended coverage and their equipment.
e. Consent to extended coverage.
1. Extended coverage shall not be permitted in any proceeding in a trial court unless all parties
to the proceeding have filed their written consent in the record, except that consent need not be
obtained from a party which is a federal, state, or local government, or an agency or subdivision
thereof or an individual sued or suing in his official governmental capacity.
2. Consent once given may not be withdrawn, but any party may at any time move for
termination or limitation of extended coverage in accordance with this rule.
3. Consent of the parties is not required for extended coverage in appellate courts, but any party
may at any time move for termination or limitation of extended coverage in accordance with this
rule.
f. Restrictions on extended coverage.
1. Extended coverage of all or any portion of a proceeding may be prohibited, terminated or

limited, on the presiding judge's own initiative or on the request of a party, witness, or juror in
the proceedings, where the judge finds that there is good cause for termination, prohibition, or
limitation of extended coverage. There is a presumption that good cause exists in cases involving
custody, divorce, minors, relocated witnesses, and trade secrets.
Committee note. -- Examples of good cause include unfairness, danger to a person, undue
embarrassment, or hindrance of proper law enforcement.
2. Extended coverage is not permitted of any proceeding which is by law closed to the public, or
which may be closed to the public and has been closed by the judge.
3. Extended coverage in the judicial area of a courthouse or other facility is limited to

proceedings in the courtroom in the presence of the presiding judge.
4. There shall be no audio coverage of private conferences, bench conferences, and conferences
at counsel tables.
g. Standards of conduct and technology.
1. Television or movie camera equipment shall be positioned outside the rail of the courtroom,
or if there is no rail, in the area reserved for spectators, at a location approved in advance by the
presiding judge. Wherever possible, recording and broadcasting equipment which is not a
component part of a television camera shall be located outside the courtroom in an area approved
in advance by the presiding judge.
2. A still camera photographer shall be positioned outside the rail of the courtroom or if there is
no rail, in the area reserved for spectators, at a location approved in advance by the presiding
judge. The still camera photographer shall not photograph from any other place, and shall not
engage in any movement or assume any body position that would be likely to attract attention or
be distracting. Unless positioned in or beyond the last row of spectators' seats, or in an aisle to
the outside of the spectators' seating area, the still photographer shall remain seated while
photographing.
3. Broadcast media representatives shall not move about the courtroom while proceedings are in
session, and microphones and recording equipment once positioned shall not be moved during
the pendency of the proceeding.
4. Not more than one television camera, operated by not more than one person, shall be
permitted in any trial court proceeding. Not more than two stationary television cameras,
operated by not more than one person each, shall be permitted in any appellate court proceeding.
5. Not more than one still photographer, utilizing not more than two still cameras with not more
than two lenses for each camera and related equipment approved by the presiding judge shall be
permitted in any proceeding in a trial or appellate court.
6. Not more than one audio system for broadcast purposes shall be permitted in any proceeding
in a trial or appellate court. Audio pickup shall be accomplished from existing audio systems,
except that if no technically suitable audio system exists, unobtrusive microphones and related
wiring shall be located in places designated in advance by the presiding judge. Microphones
located at the judge's bench and at counsel tables shall be equipped with temporary cutoff
switches. A directional microphone may be mounted on the television or film camera, but no
parabolic or similar microphones shall be used.
7. Any "pooling" arrangements among the media required by these limitations on equipment and
personnel shall be the sole responsibility of the media without calling upon the presiding judge to
mediate any dispute as to the appropriate media representative or equipment authorized to cover
a particular proceeding. In the absence of advance media agreement on disputed equipment or
personnel issues, the presiding judge shall exclude all contesting media personnel from extended
coverage.
8. Only television, movie, and audio equipment that does not produce light or distracting sound
shall be employed. No artificial lighting device of any kind shall be employed in connection with
the television and movie cameras.
9. Only still camera equipment that does not produce distracting sound shall be employed to
cover judicial proceedings. No artificial lighting device of any kind shall be employed in
connection with a still camera.
10. It shall be the affirmative duty of media personnel to demonstrate to the presiding judge
adequately in advance of any proceeding that the equipment sought to be utilized meets the
sound and light criteria enunciated herein. A failure to obtain advance judicial approval for
equipment shall preclude its use in any proceedings.
11. Photographic or audio equipment shall not be placed in or removed from the courtroom
except prior to commencement or after adjournment of proceedings each day, or during a recess.
Neither film magazines nor still camera film or lenses shall be changed within a courtroom
except during a recess in the proceeding.
12. With the concurrence of the presiding judge, and before the commencement of a proceeding
or during a recess, modifications and additions may be made in light sources existing in the
courtroom provided such modifications or additions are installed and maintained without public
expense.
HISTORY: (Added November 10, 1980, effective January 1, 1981; amended June 5, 1996,
effective January 1, 1997; December 10, 1996, effective January 1, 1997; December 16, 1999,
effective January 1, 2000; May 8, 2007, effective July 1, 2007; amended October 20, 2010,
MARYLAND RULES
Md. Rule 16-110 (2012)
Rule 16-110. Cell phones; other electronic devices; cameras
(a) Definitions. In this Rule the following definitions apply:
(1) Court facility. "Court facility" means the building in which a circuit court or the District
Court is located, but if the court is in a building that is also occupied by county or State executive
agencies having no substantial connection with the court, then only that part of the building
occupied by the court.
(2) Electronic device. "Electronic device" means (A) a cell phone, a computer, and any other
device that is capable of transmitting, receiving, or recording messages, images, sounds, data, or
other information by electronic means or that, in appearance, purports to be a cell phone,
computer, or such other device; and (B) a camera, regardless of whether it operates
electronically, mechanically, or otherwise and regardless of whether images are recorded by
using digital technology, film, light-sensitive plates, or other means.
(3) Local administrative judge. "Local administrative judge" means the county administrative
judge in a circuit court and the district administrative judge in the District Court.
(b) Possession and use of electronic devices.
(1) Generally. Subject to inspection by court security personnel and the restrictions and
prohibitions set forth in this section, a person may (A) bring an electronic device into a court
facility and (B) use the electronic device for the purpose of sending and receiving phone calls
and electronic messages and for any other lawful purpose not otherwise prohibited.
(2) Restrictions and prohibitions.
(A) Rule 5-615 Order. An electronic device may not be used to facilitate or achieve a violation of
an order entered pursuant to Rule 5-615 (d).
(B) Photographs and video. Except as permitted in accordance with this Rule, Rule 16-109, Rule
16-405, or Rule 16-504 or as expressly permitted by the local administrative judge, a person may
not (i) take or record a photograph, video, or other visual image in a court facility, or (ii) transmit
a photograph, video, or other visual image from or within a court facility.
Committee note. -- The prohibition set forth in subsection (b)(2)(B) of this Rule includes still
photography and moving visual images. It is anticipated that permission will be granted for the
taking of photographs at ceremonial functions.
(C) Interference with court proceedings or work. An electronic device shall not be used in a
manner that interferes with court proceedings or the work of court personnel.
Committee note. -- An example of a use prohibited by subsection (b)(2)(C) is a loud

conversation on a cell phone near a court employee's work station or in a hallway near the door
to a courtroom.
(D) Jury deliberation room. An electronic device may not be brought into a jury deliberation
room.
(E) Courtroom.
(i) Except with the express permission of the presiding judge or as otherwise permitted by this
Rule, Rule 16-109, Rule 16-405, or Rule 16-504, all electronic devices inside a courtroom shall
remain off and no electronic device may be used to receive, transmit, or record sound, visual
images, data, or other information.
(ii) Subject to subsection (b)(2)(F), the court shall liberally allow the attorneys in a proceeding
currently being heard, their employees, and agents to make reasonable and lawful use of an
electronic device in connection with the proceeding.
(F) Security or privacy issues in a particular case. Upon a finding that the circumstances of a
particular case raise special security or privacy issues that justify a restriction on the possession
of electronic devices, the local administrative judge or the presiding judge may enter an order
limiting or prohibiting the possession of electronic devices in a courtroom or other designated
areas of the court facility. The order shall provide for notice of the designated areas and for the
collection of the devices and their return when the individual who possessed the device leaves
the courtroom or other area. No liability shall accrue to the security personnel or any other court
official or employee for any loss or misplacement of or damage to the device.
(c) Violation of Rule.
(1) Security personnel or other court personnel may confiscate and retain an electronic device
that is used in violation of this Rule, subject to further order of the court or until the owner leaves
the building. No liability shall accrue to the security personnel or any other court official or
employee for any loss or misplacement of or damage to the device.
(2) An individual who willfully violates this Rule or any reasonable limitation imposed by the
local administrative judge or the presiding judge may be found in contempt of court and
sanctioned in accordance with the Rules in Title 15, Chapter 200.
(d) Notice. Notice of the provisions of sections (b) and (c) of this Rule shall be:
(1) posted prominently at the court facility;
(2) included on the main judiciary website and the website of each court; and
(3) disseminated to the public by any other means approved in an administrative order of the
Chief Judge of the Court of Appeals.
HISTORY: (Added October 20, 2010, effective January 1, 20118; amended June 7, 2011,
effective July 1, 2011; September 8, 2011, effective January 1, 2012.)
MARYLAND RULES
CHAPTER 200. THE CALENDAR -- ASSIGNMENT AND DISPOSITION OF MOTIONS
AND CASES
Md. Rule 16-201 (2012)
Rule 16-201. Motion day -- Calendar

a. Motion day. Each County Administrative Judge may prescribe motion days on which all
motions and other preliminary matters pending in that court and scheduled for hearing shall be
heard.
b. Motions calendar. The clerk in each county shall maintain a motions calendar in such form as
may be prescribed by the County Administrative Judge. Upon the filing of a response pursuant to
Rule 2-311 (b), or upon the date on which such response should have been filed, the clerk will
list the case on the motions calendar.
c. Assignment when hearing required. The County Administrative Judge in each county shall
provide for review of the motions calendar at appropriate intervals and the determination of what
matters thereon require hearings. The judge shall provide for assignment of hearing dates for
such matters and notices thereof shall be given to all parties.
d. Notice of lengthy hearing. If it is anticipated that the hearing on a motion will exceed a total of
30 minutes, the parties shall inform the assignment clerk, in which event the motion may be
calendared specially.
HISTORY: (Amended June 30, 1973, effective July 1, 1973; Dec. 17, 1975, effective Jan. 1,
1976; Oct. 1, 1980, effective Jan. 1, 1981; Apr. 6, 1984, effective July 1, 1984; June 5, 1996,
MARYLAND RULES
AND CASES
Md. Rule 16-202 (2012)
Rule 16-202. Assignment of actions for trial.
a. Generally. The County Administrative Judge in each county shall supervise the assignment
of actions for trial to achieve the efficient use of available judicial personnel and to bring
pending actions to trial and dispose of them as expeditiously as feasible. Procedures instituted in
this regard shall be designed to:
(1) eliminate docket calls in open court;
(2) insure the prompt disposition of motions and other preliminary matters;
(3) provide for the use of scheduling and pretrial conferences, and the establishment of a
calendar for that purpose, when appropriate;
(4) provide for the prompt disposition of uncontested and ex parte matters, including references
to an examiner-master, when appropriate;
(5) provide for the disposition of actions under Rule 2-507;
(6) establish trial and motion calendars and other appropriate systems under which actions ready
for trial will be assigned for trial and tried, after proper notice to parties, without necessity of a
request for assignment from any party; and
Cross references. -- See Rule 16-201 (Motion Day -- Calendar).
(7) establish systems of regular reports which will indicate the status of all pending actions with
respect to their readiness for trial, the disposition of actions, and the availability of judges for
trial work.
b. Case management plan; information report.
(1) The County Administrative Judge shall develop and, upon approval by the Chief Judge of
the Court of Appeals, implement and monitor a case management plan for the prompt and
efficient scheduling and disposition of actions in the circuit court. The plan shall include a
system of differentiated case management in which actions are classified according to
complexity and priority and are assigned to a scheduling category based on that classification. In
courts that have a family division, the plan shall provide criteria for (A) requiring parties in an
action assigned to the family division to attend a scheduling conference in accordance with Rule
2-504.1 (a) (1) and (B) identifying actions in the family division that are appropriate for
assignment to a specific judge who shall be responsible for the entire case unless the County
Administrative Judge subsequently decides to reassign it.
Cross references. -- See Rule 9-204 for provisions that may be included in the case management
plan concerning an educational seminar for parties in actions in which child support, custody, or
visitation are involved.
(2) In developing and implementing the case management plan, the County Administrative
Judge shall (i) consult with the Administrative Office of the Courts and with other county
administrative judges who have developed or are in the process of developing such plans in an
effort to achieve as much consistency and uniformity among the plans as is reasonably
practicable, and (ii) seek the assistance of the county bar association and such other interested
groups and persons as the judge deems advisable.
(3) As part of the plan, the clerk shall make available to the parties, without charge, a form
approved by the County Administrative Judge that will provide the information necessary to
implement the case management plan. The information contained in the information report shall
not be used for any purpose other than case management.
(4) The clerk of each circuit court shall make available for public inspection a copy of the
current administrative order of the Chief Judge of the Court of Appeals exempting categories of
actions from the information report requirement of Rule 2-111 (a).
Jan. 10, 1995, effective Feb. 1, 1995; June 5, 1996, effective Jan. 1, 1997; Jan. 13, 1998,
effective July 1, 1998; Mar. 5, 2001, effective July 1, 2001.)
MARYLAND RULES
AND CASES
Md. Rule 16-203 (2012)
Rule 16-203. Special docket for asbestos cases
a. Definition. In this Rule, "asbestos case" means an action seeking money damages for
personal injury or death allegedly caused by exposure to asbestos or products containing
asbestos. It does not include an action seeking principally equitable relief or seeking principally
damages for injury to property or for removal of asbestos or products containing asbestos from
property.
b. Special docket. The Administrative Judge of the Circuit Court for Baltimore City may
establish a special inactive docket for asbestos cases filed in or transferred to that court. The
order:
(1) shall specify the criteria and procedures for placement of an asbestos case on the inactive
docket and for removal of a case from the docket;
(2) may permit an asbestos case meeting the criteria for placement on the inactive docket to be
placed on that docket at any time prior to trial; and
(3) with respect to any case placed on the inactive docket, may stay the time for filing responses
to the complaint, discovery, and other proceedings until the case is removed from the docket.
c. Transfer of cases from other counties.
(1) The circuit administrative judge for any other judicial circuit, by order, may
(A) adopt the criteria established in an order entered by the Administrative Judge of the Circuit
Court for Baltimore City pursuant to section b of this Rule for placement of an asbestos case on
the inactive docket for asbestos cases;
(B) provide for the transfer to the Circuit Court for Baltimore City, for placement on the inactive
docket, of any asbestos case filed in a circuit court in that other circuit for which venue would lie
in Baltimore City; and
(C) establish procedures for the prompt disposition in the circuit court where the action was filed
of any dispute as to whether venue would lie in Baltimore City.
(2) If an action is transferred pursuant to this Rule, the clerk of the circuit court where the action
was filed shall deliver the file or a copy of it to the clerk of the Circuit Court for Baltimore City,
and, except as provided in subsection c (3) of this Rule, the action shall thereafter proceed as if
initially filed in the Circuit Court for Baltimore City.
(3) Unless the parties agree otherwise, any action transferred pursuant to this section, upon
removal from the inactive docket, shall be retransferred to the circuit court in which it was
originally filed and all further proceedings shall take place in that court.
d. Exemption from Rule 2-507. Any action placed on an inactive docket pursuant to this Rule
shall not be subject to Rule 2-507 until the action is removed from that docket.
e. Effect on Rule 2-327 (d). To the extent of any inconsistency with Rule 2-327 (d), this Rule
shall prevail.
Committee note. -- This section e does not preclude a transfer under Rule 2-327 upon retransfer
of an action under subsection c (3) of this Rule.
f. Applicability of Rule. This Rule shall apply only to actions filed on or after December 8, 1992.
HISTORY: (Added Dec. 8, 1992; amended June 5, 1996, effective Jan. 1, 1997; Dec. 16, 1999,
MARYLAND RULES
AND CASES
Md. Rule 16-204 (2012)
Rule 16-204. Family division and support services
(a) Family division.
(1) Established. In each county having more than seven resident judges of the circuit court
authorized by law, there shall be a family division in the circuit court.
(2) Actions assigned. In a court that has a family division, the following categories of actions and
matters shall be assigned to that division:
(A) dissolution of marriage, including divorce, annulment, and property distribution;
(B) child custody and visitation, including proceedings governed by the Maryland Uniform
Child Custody Jurisdiction Act, Code, Family Law Article, Title 9, Subtitle 2, and the Parental
Kidnapping Prevention Act, 28 U.S.C. 1738A;
(C) alimony, spousal support, and child support, including proceedings under the Maryland
Uniform Interstate Family Support Act;
(D) establishment and termination of the parent-child relationship, including paternity, adoption,
guardianship that terminates parental rights, and emancipation;
(E) criminal nonsupport and desertion, including proceedings under Code, Family Law Article,
Title 10, Subtitle 2 and Code, Family Law Article, Title 13;
(F) name changes;
(G) guardianship of minors and disabled persons under Code, Estates and Trusts Article, Title
13;
(H) involuntary admission to state facilities and emergency evaluations under Code, Health
General Article, Title 10, Subtitle 6;
(I) family legal-medical issues, including decisions on the withholding or withdrawal of life-
sustaining medical procedures;
(J) actions involving domestic violence under Code, Family Law Article, Title 4, Subtitle 5;
(K) juvenile causes under Code, Courts Article, Title 3, Subtitles 8 and 8A;
(L) matters assigned to the family division by the County Administrative Judge that are related
to actions in the family division and appropriate for assignment to the family division; and
(M) civil and criminal contempt arising out of any of the categories of actions and matters set
forth in subsection (a) (2) (A) through (a) (2) (L) of this Rule.
Committee note. -- The jurisdiction of the circuit courts, the District Court, and the Orphan's
Court is not affected by this section. For example, the District Court has concurrent jurisdiction
with the circuit court over proceedings under Code, Family Law Article, Title 4, Subtitle 5.
(3) Family support services. Subject to the availability of funds, the following family support
services shall be available through the family division for use when appropriate in a particular
action:
(A) mediation in custody and visitation matters;
(B) custody investigations;
(C) trained personnel to respond to emergencies;
(D) mental health evaluations and evaluations for alcohol and drug abuse;
(E) information services, including procedural assistance to self-represented litigants;

Committee note. -- This subsection is not intended to interfere with existing projects that provide
assistance to self-represented litigants.
(F) information regarding lawyer referral services;
(G) parenting coordination services as permitted by Rule 9-205.2;
(H) parenting seminars; and
(I) any additional family support services for which funding is provided.
Committee note. -- Examples of additional family support services that may be provided include
general mediation programs, case managers, and family follow-up services.
(4) Responsibilities of the County Administrative Judge. The County Administrative Judge of
the Circuit Court for each county having a family division shall:
(A) allocate sufficient available judicial resources to the family division so that actions are heard
expeditiously in accordance with applicable law and the case management plan required by Rule
16-202 b;
Committee note. -- This Rule neither requires nor prohibits the assignment of one or more judges
to hear family division cases on a full-time basis. Rather, it allows each County Administrative
Judge the flexibility to determine how that county's judicial assignments are to be made so that
actions in the family division are heard expeditiously. Additional matters for county-by-county
determination include whether and to what extent masters, special masters, and examiners are
used to assist in the resolution of family division cases. Nothing in this Rule affects the authority
of a circuit court judge to act on any matter within the jurisdiction of the circuit court.
(B) provide in the case management plan required by Rule 16-202 b criteria for:
(i) requiring parties in an action assigned to the family division to attend a scheduling
conference in accordance with Rule 2-504.1 (a) (1) and
(ii) identifying those actions in the family division that are appropriate for assignment to a
specific judge who shall be responsible for the entire case unless the County Administrative
Judge subsequently decides to reassign it;
Cross references. -- For rules concerning the referral of matters to masters as of course, see Rules
2-541 and 9-208.
(C) appoint a family support services coordinator whose responsibilities include:
(i) compiling, maintaining, and providing lists of available public and private family support
services,
(ii) coordinating and monitoring referrals in actions assigned to the family division, and
(iii) reporting to the County Administrative Judge concerning the need for additional family
support services or the modification of existing services; and
(D) prepare and submit to the Chief Judge of the Court of Appeals, no later than October 15 of
each year, a written report that includes a description of family support services needed by the
court's family division, a fiscal note that estimates the cost of those services for the following
fiscal year, and, whenever practicable, an estimate of the fiscal needs of the Clerk of the Circuit
Court for the county pertaining to the family division.
(b) Circuit courts without a family division.
(1) Applicability. This section applies to circuit courts for counties having less than eight
resident judges of the circuit court authorized by law.
(2) Family support services. Subject to availability of funds, the family support services listed in
subsection (a) (3) of this Rule shall be available through the court for use when appropriate in
cases in the categories listed in subsection (a) (2) of this Rule.
(3) Family support services coordinator. The County Administrative Judge shall appoint a full-
time or part-time family support services coordinator whose responsibilities shall be substantially
as set forth in subsection (a) (4) (C) of this Rule.
(4) Report to the Chief Judge of the Court of Appeals. The County Administrative Judge shall
prepare and submit to the Chief Judge of the Court of Appeals, no later than October 15 of each
year, a written report that includes a description of the family support services needed by the
court, a fiscal note that estimates the cost of those services for the following fiscal year, and,
whenever practicable, an estimate of the fiscal needs of the Clerk of the Circuit Court for the
county pertaining to family support services.
HISTORY: (Added January 13, 1998, effective July 1, 1998; amended March 5, 2001, effective
July 1, 2001; January 8, 2002, effective Febuary 1, 2002; June 7, 2011, effective July 1, 2011;
MARYLAND RULES
AND CASES
Md. Rule 16-205 (2012)
Rule 16-205. Business and technology case management program
(1) ADR. "ADR" means "alternative dispute resolution" as defined in Rule 17-102.
(2) Program. "Program" means the business and technology case management program
established pursuant to this Rule.
(3) Program judge. "Program judge" means a judge of a circuit court who is assigned to the
program.
(b) Program established. Subject to the availability of fiscal and human resources, a program
approved by the Chief Judge of the Court of Appeals shall be established to enable each circuit
court to handle business and technology matters in a coordinated, efficient, and responsive
manner and to afford convenient access to lawyers and litigants in business and technology
matters. The program shall include:
(1) a program track within the differentiated case management system established under Rule
16-202;
(2) the procedure by which an action is assigned to the program;
(3) program judges who are specially trained in business and technology; and
(4) ADR proceedings conducted by persons qualified under Title 17 of these Rules and specially
trained in business and technology.
Cross references. -- See Rules 16-101 a and 16-103 a concerning the assignment of a judge of the
circuit court for a county to sit as a program judge in the circuit court for another county.
(c) Assignment of actions to the program. On written request of a party or on the court's own
initiative, the Circuit Administrative Judge of the circuit in which an action is filed or the
Administrative Judge's designee may assign the action to the program if the judge determines
that the action presents commercial or technological issues of such a complex or novel nature
that specialized treatment is likely to improve the administration of justice. Factors that the judge
may consider in making the determination include: (1) the nature of the relief sought, (2) the
number and diverse interests of the parties, (3) the anticipated nature and extent of pretrial
discovery and motions, (4) whether the parties agree to waive venue for the hearing of motions
and other pretrial matters, (5) the degree of novelty and complexity of the factual and legal issues
presented, (6) whether business or technology issues predominate over other issues presented in
the action, and (7) the willingness of the parties to participate in ADR procedures.
(d) Assignment to program judge. Each action assigned to the program shall be assigned to a
specific program judge. The program judge to whom the action is assigned shall hear all
proceedings until the matter is concluded, except that, if necessary to prevent undue delay,
prejudice, or injustice, the Circuit Administrative Judge or the Circuit Administrative Judge's
designee may designate another judge to hear a particular pretrial matter. That judge shall be a
program judge, if practicable.
(e) Scheduling conference; Order. Promptly after an action is assigned, the program judge shall
(1) hold a scheduling conference under Rule 2-504.1 at which the program judge and the parties
discuss the scheduling of discovery, ADR, and a trial date and (2) enter a scheduling order under
Rule 2-504 that includes case management decisions made by the court at or as a result of the
HISTORY: (Added Oct. 31, 2002, effective Jan. 1, 2003.)

MARYLAND RULES
AND CASES
Md. Rule 16-206 (2012)
Rule 16-206. Problem-solving court programs
(a) Applicability.
(1) Generally. This Rule applies to problem-solving court programs, which are specialized court
dockets or programs that address matters under a court's jurisdiction through a multi-disciplinary
and integrated approach incorporating collaboration by the court with other governmental
entities, community organizations, and parties.
Committee note. -- Problem-solving court programs include adult and juvenile drug treatment,
DUI, mental health, truancy, and family recovery programs.
(2) Existing programs; programs submitted for approval on or after July 1, 2010. This Rule
applies in its entirety to problem-solving court programs submitted for approval on or after July
1, 2010. Sections (d), (e), and (f) of this Rule apply also to problem-solving court programs in
existence on July 1, 2010.
(b) Submission of plan. After consultation with the Office of Problem-Solving Courts and any
officials whose participation in the program will be required, the County Administrative Judge of
a circuit court or a District Administrative Judge of the District Court may prepare and submit to
the State Court Administrator a detailed plan for a problem-solving program consistent with the
protocols and requirements in an Administrative Order of the Chief Judge of the Court of
Appeals.
Committee note. -- Examples of officials to be consulted include individuals in the Office of the
State's Attorney; Office of the Public Defender; Department of Juvenile Services; health,
addiction, and education agencies; the Division of Parole and Probation; and the Department of
Human Resources.
(c) Approval of plan. After review of the plan, the State Court Administrator shall submit the
plan, together with any comments and a recommendation, to the Court of Appeals. The program
shall not be implemented until it is approved by the Court of Appeals.
(d) Acceptance of participant into program.
(1) Written agreement required; contents. As a condition of acceptance into a program and after
the advice of counsel, if any, a prospective participant shall execute a written agreement that sets
forth:
(A) the requirements of the program,
(B) the protocols of the program, including protocols concerning the authority of the judge to
initiate, permit, and consider ex parte communications pursuant to Rule 2.9 of the Maryland
Code of Judicial Conduct;
(C) the range of sanctions that may be imposed while the participant is in the program; and
(D) any rights waived by the participant, including any rights under Rule 4-215 or Code, Courts
Article, 3-8A-20.
Committee note. -- The written agreement shall be in addition to any advisements that are
required under Rule 4-215 or Code, Courts Article, 3-8A-20, if applicable.
(2) Examination on the record. The court may not accept the prospective participant into the
program until, after an examination of the prospective participant on the record, the court
determines and announces on the record that the prospective participant knowingly and
voluntarily enters into the agreement and understands it.
(3) Agreement to be made part of the record. A copy of the agreement shall be made a part of
the record.
(e) Immediate sanctions; loss of liberty or termination from program. In accordance with the
protocols of the program, the court may, for good cause, impose an immediate sanction on a
participant, except that if the participant is considered for the imposition of a sanction involving
the loss of liberty or termination from the program, the participant shall be afforded notice, an
opportunity to be heard, and the right to be represented by counsel before the court makes its
decision. If a hearing is required by this section and the participant is unrepresented by counsel,
the court shall comply with Rule 4-215 in a criminal action or Code, Courts Article, 3-8A-20 in
a delinquency action before holding the hearing.
Committee note. -- In considering whether a judge should be disqualified pursuant to Rule 2.11
of the Code of Judicial Conduct from post-termination proceedings involving a participant who
has been terminated from a problem-solving court program, the judge should be sensitive to any
exposure to ex parte communications or inadmissible information the judge may have received
while the participant was in the program.
(f) Credit for incarceration time served. If a participant is terminated from a program, any period
of time for which the participant was incarcerated as a sanction during participation in the
program shall be credited against any sentence imposed or directed to be executed in the action.
MARYLAND RULES
CHAPTER 300. CIRCUIT COURT CLERKS' OFFICES
Md. Rule 16-301 (2012)
Rule 16-301. Personnel in clerks' offices
a. Chief deputy clerk.
(1) The clerk may appoint a chief deputy clerk. The appointment is not subject to subsection (d)
(3) of this Rule.
(2) Subject to paragraph (3) of this section, a chief deputy clerk serves at the pleasure of the
clerk.
(3) The appointment, retention and removal of a chief deputy clerk shall be subject to the
authority and approval of the Chief Judge of the Court of Appeals, after consultation with the
County Administrative Judge.
b. Other employees. All other employees in the clerk's office shall be subject to a personnel
system to be established by the State Court Administrator and approved by the Court of Appeals.
The personnel system shall provide for equal opportunity, shall be based on merit principles, and
shall include appropriate job classifications and compensation scales.
c. Certain deputy clerks. Persons serving as deputy clerks on July 1, 1991 who qualify for
pension rights under Code, State Personnel and Pensions Article, 23-404 shall hold over as
deputy clerks but shall have no fixed term and shall in all respects be subject to the personnel
system established pursuant to section (b) of this Rule.
d. Personnel procedures.
(1) The State Court Administrator shall develop standards and procedures for the selection and
appointment of new employees and the promotion, reclassification, transfer, demotion,
suspension, discharge or other discipline of employees in the clerks' offices. These standards and
procedures shall be subject to the approval of the Court of Appeals.
(2) If a vacancy occurs in a clerk's office, the clerk shall seek authorization from the State Court
Administrator to fill the vacancy.
(3) The selection and appointment of new employees and the promotion, reclassification,
transfer, demotion, suspension, discharge or other discipline of employees shall be in accordance
with the standards and procedures established by the State Court Administrator.
(4) The State Court Administrator may review the selection or promotion of an employee to
ensure compliance with the standards and procedures established pursuant to this Rule.
(5) An employee grievance shall be resolved in accordance with procedures established by the
State Court Administrator. The clerk shall resolve a grievance within the clerk's office, but
appeals of the grievance to the State Court Administrator or a designee of the State Court
Administrator shall be allowed and shall constitute the final step in the grievance procedure.
(6) The Administrative Office of the Courts shall prepare the payroll and time and attendance
reports for the clerks' offices. The clerks shall submit the information and other documentation
that the Administrative Office requires for this purpose.
HISTORY: (Added May 9, 1991, effective July 1, 1991; amended June 5, 1996, effective Jan. 1,
1997; Jan. 20, 1999, effective July 1, 1999.)
MARYLAND RULES
Md. Rule 16-302 (2012)
Rule 16-302. Operations in clerks' offices
a. Procurement. A clerk may not purchase, lease, or otherwise procure any service or property,
including equipment, except in accordance with procedures established by the State Court
Administrator. Unless otherwise provided by those procedures, the clerk shall submit all
procurement requests to the State Court Administrator in the form and with the documentation
that the Administrator requires.
b. General operations. The State Court Administrator shall develop policies, procedures, and
standards for all judicial and non-judicial operations of the clerks' offices, including case
processing, records management, forms control, accounting, budgeting, inventory, and data
processing. The current data processing systems in Baltimore City, Prince George's County, and
Montgomery County shall not be replaced except by order of the Chief Judge of the Court of
Appeals.
c. Audits. The Administrative Office of the Courts may audit the operations and accounts of the
clerks' offices.
d. Submission of budget. Each clerk shall submit an annual budget to the State Court
Administrator for the review and approval of the Chief Judge of the Court of Appeals. The
budget shall be submitted at the time specified by the State Court Administrator and shall be in
the form prescribed by the Secretary of Budget and Fiscal Planning.
e. County Administrative Judge to supervise certain functions. The case assignment function and
the jury selection process, whether or not located in the clerk's office, shall be subject to the
overall supervision of the County Administrative Judge or a judge designated by the County
1997.)
MARYLAND RULES
Md. Rule 16-303 (2012)
Rule 16-303. Payment of money into court
All money paid into court under an order or on account of a pending action shall be deposited
by the clerk in a bank and noted in an appropriate record. The clerk shall disburse the money
only upon order of the court and, unless the court otherwise directs, only by check payable to the
order of the party entitled and the party's counsel of record.
HISTORY: (Added Oct. 1, 1980, effective Jan. 1, 1981; amended June 5, 1996, effective Jan. 1,
1997.)
MARYLAND RULES
Md. Rule 16-304 (2012)
Rule 16-304. Clerks' offices -- Hours
The office of each clerk of court shall be open to the public for the transaction of all business
of the court from at least 8:30 a.m. to 4:30 p.m. Monday through Friday of each week. Each
clerk's office shall be open during the additional hours and on the additional days the judge or
judges of the court shall prescribe. The office shall not be open on the holidays set forth in Rule
16-106 (Court Sessions -- Holidays -- Time for Convening) unless otherwise ordered by the
County Administrative Judge. In the event of an emergency and in the interest of the public
welfare, the Chief Judge of the Court of Appeals may order a clerk's office to be closed for the
transaction of all business of the court on any day.
HISTORY: (Amended Sept. 9, 1969; Dec. 13, 1973; July 1, 1974; May 19, 1978, effective July
1, 1978; June 5, 1996, effective Jan. 1, 1997; Dec. 10, 1996, effective Jan. 1, 1997.)
MARYLAND RULES
Md. Rule 16-305 (2012)
Rule 16-305. Dockets

The clerks of the courts shall maintain such dockets in such form and containing such
information as shall be prescribed by the Chief Judge of the Court of Appeals.
HISTORY: (Amended June 5, 1996, effective Jan. 1. 1997.)
MARYLAND RULES
Md. Rule 16-306 (2012)
Rule 16-306. Filing and removal of papers
a. Flat filing. Any paper received by the clerk shall be filed flat in an appropriate folder.
(Amended Apr. 6, 1984, effective July 1, 1984.)
b. Docket entries. Each case file shall include a copy of the docket entries pertaining to that case.
(Amended Apr. 6, 1984, effective July 1, 1984.)
c. Exhibits filed with pleadings. The clerk shall, when practicable, file exhibits with the papers
which they accompany. In other cases, the clerk shall file exhibits by such method as may be
most convenient and practicable. (Amended Apr. 6, 1984, effective July 1, 1984.)
d. Removal of papers and exhibits.
1. Court papers and exhibits filed with pleadings. No paper or exhibit filed with a pleading in any
case pending in or decided by the court shall be removed from the clerk's office, except by
direction of a judge of the court, and except as authorized by rule or law; provided, however, that
an attorney of record, upon signing a receipt, may withdraw any such paper or exhibit for
presentation to the court, an auditor, or examiner-master, and an auditor or examiner-master,
upon signing a receipt, may withdraw such paper or exhibit in connection with the performance
of his official duties.
2. Exhibits filed during trial. All exhibits introduced in evidence or marked for identification
during the trial of a case, and not filed as a part of or with the pleadings, shall be retained by the
clerk of court or such other person as may be designated by the court. After either (i) the time for
appeal has expired, or (ii) in the event of an appeal, the mandate has been received by the clerk,
the clerk shall send written notice to all counsel of record advising them that if no request to
withdraw the exhibits is received within 30 days from the date of the notice, the exhibits will be
disposed of. Unless a request is received by the clerk within 30 days from the date of notice, or
unless the court within that period shall order otherwise, the clerk shall dispose of the exhibits in
any manner, including destruction, as may be appropriate. (Amended Oct. 1, 1980, effective Jan.
1, 1981; Apr. 6, 1984, effective July 1, 1984.)
Committee note. -- This subsection is intended to provide for the safeguarding of trial exhibits.
In the absence of a request to withdraw such exhibits, the clerk is given discretion as to their
disposition. It is assumed that exhibits such as hospital records, bank records, police records, etc.,
would normally be returned by the clerk to the proper custodian. Other exhibits might be
destroyed, although parties interested in preserving any exhibits could ask for appropriate action
by the court. It should be noted that exhibits filed with the pleadings, even though admitted in
evidence or marked for identification do not fall under the "disposition" provision of this
subsection, but instead under subsection 1.
e. Record of removed papers. Whenever a court file or any paper contained therein is removed
from the clerk's office pursuant to this Rule, the clerk shall maintain an appropriate record of its
location while out of his hands, including a notation on the docket, if such file or papers are
removed from the courthouse.
1997.)
MARYLAND RULES
Md. Rule 16-307 (2012)
Rule 16-307. Electronic filing of pleadings, papers and real property instruments
a. Applicability; conflicts with other rules. This Rule applies to the electronic filing of
pleadings and papers in a circuit court and to the electronic filing of instruments authorized or
required by law to be recorded and indexed in the land records. A pleading, paper or instrument
may not be filed by direct electronic transmission to the court except in accordance with this
Rule. To the extent of any inconsistency with any other Rule, this Rule and any administrative
order entered pursuant to it shall prevail.
Committee note. -- Code, Real Property Article, 3-502.
b. Submission of plan. A County Administrative Judge may submit to the State Court
Administrator a detailed plan for a pilot project for the electronic filing of pleadings and papers
or of real property instruments. In developing the plan, the County Administrative Judge shall
consult with the Clerk of the Circuit Court, appropriate vendors, the State Court Administrator,
and any other judges, court clerks, members of the bar, vendors of electronic filing systems, and
interested persons that the County Administrative Judge chooses to ensure that: (1) the proposed
electronic filing system is compatible with the data processing systems, operational systems, and
electronic filing systems used or expected to be used by the judiciary; (2) the installation and use
of the proposed system does not create an undue financial or operational burden on the court; (3)
the proposed system is reasonably available for use at a reasonable cost, or an efficient and
compatible system of manual filing will be maintained; (4) the proposed system is effective,
secure and not likely to break down; (5) the proposed system makes appropriate provision for the
protection of privacy and for public access to public records; and (6) the court can discard or
replace the system during or at the conclusion of a trial period without undue financial or
operational burden. The State Court Administrator shall review the plan and make a
recommendation to the Court of Appeals with respect to it.
Cross references. -- For the definition of "public record," see Code, State Government Article,
10-611.
c. Approval; duration. A plan may not be implemented unless approved by administrative order
of the Court of Appeals. The plan shall terminate two years after the date of the administrative
order unless the Court terminates it earlier or modifies or extends it by a subsequent
administrative order.
d. Evaluation. The Chief Judge of the Court of Appeals may appoint a committee consisting of
one or more judges, court clerks, lawyers, legal educators, bar association representatives, and
other interested and knowledgeable persons to monitor and evaluate the plan. Before the
expiration of the two-year period set forth in section c of this Rule, the Court of Appeals, after
considering the recommendations of the committee, shall evaluate the operation of the plan.
e. Public availability of plan. The State Court Administrator and the Clerk of the Circuit Court
shall make available for public inspection a copy of any current plan.
HISTORY: (Added June 5, 1995, effective July 1, 1995; amended June 5, 1996, effective Jan. 1,
1997; Oct. 31, 2002, effective Jan. 1, 2003; Dec. 4, 2007, effective Jan. 1, 2008.)
MARYLAND RULES
Md. Rule 16-308 (2012)
Rule 16-308. Court information system
a. Report of docketing and disposition of cases. The clerk shall promptly transmit to the
Administrative Office of the Courts in a manner prescribed by the State Court Administrator the
data elements concerning the docketing and disposition of criminal, juvenile and civil cases as
may be designated by the State Court Administrator.
b. Reporting and transmittal of criminal history record information.
1. The Administrative Office of the Courts shall transmit to the Central Repository of Criminal
History Record Information of the Department of Public Safety and Correctional Services the
data elements of criminal history record information on offenses agreed to by the Secretary of
the Department of Public Safety and Correctional Services and the Chief Judge of the Court of
Appeals or his designee for purposes of completing a criminal history record maintained by the
Central Repository of Criminal History Record Information.
2. Transmittal of reports of dispositions.
(a) As directed by Administrative Order of the Chief Judge of the Court of Appeals, Judicial
Information Systems shall report to the State Motor Vehicle Administration the conviction,
forfeiture of bail, dismissal of an appeal or an acquittal in any case involving a violation of the
Maryland Vehicle Law or other traffic law or ordinance, or any conviction for manslaughter or
assault committed by means of an automobile, or of any felony involving the use of an
automobile.
(b) When a defendant has been charged by citation and a conviction is entered by reason of his
payment of a fine or forfeiture of collateral or bond before trial, the conviction is not a reportable
event under Code, Criminal Procedure Article, 10-215(a)(10).
c. Inspection of criminal history record information contained in court records of public judicial
proceedings. Unless expunged, sealed, marked confidential or otherwise prohibited by statute,
court rule or order, criminal history record information contained in court records of public
judicial proceedings is subject to inspection by any person at the times and under conditions as
the clerk of a court reasonably determines necessary for the protection of the records and the
prevention of unnecessary interference with the regular discharge of the duties of his office.
Cross references. -- See Code, Courts Article, 2-203 and 13-101 (d) and (f), Criminal
Procedure Article, 10-201, 10-214, 10-217, and State Government Article, 10-612 through
10-619.
HISTORY: (Added June 30, 1973, effective July 1, 1973; Nov. 4, 1977, effective Jan. 1, 1978;
Dec. 21, 1977, effective Jan. 1, 1978; June 5, 1996, effective Jan. 1, 1997; Jan. 8, 2002, effective
Feb. 1, 2002; Dec. 4, 2007, effective Jan. 1, 2008.)
MARYLAND RULES
Md. Rule 16-309 (2012)
Rule 16-309. Notice to Court of Special Appeals
By the third working day of each month, the clerk shall send or electronically transmit to the
Clerk of the Court of Special Appeals a list of all cases in which, during the preceding calendar
month, (1) a notice of appeal to the Court of Special Appeals has been filed, (2) a timely motion
pursuant to Rule 2-532, 2-533, or 2-534 has been filed after the filing of a notice of appeal, or (3)
an application for leave to appeal has been filed, or (4) a notice of appeal or an application for
leave to appeal to the Court of Special Appeals has been stricken pursuant to Rule 8-203. The list
shall include the title and docket number of the case, the name and address of counsel for
appellant(s), and the date on which the notice of appeal, the motion, or the dismissal was filed.
HISTORY: (Added May 5, 1976, effective July 1, 1976; amended May 7, 1982, effective July
1, 1982; Apr. 6, 1984, effective July 1, 1984; June 5, 1996, effective January 1, 1997; October
31, 2002, effective January 1, 2003; September 8, 2011, effective January 1, 2012.)
MARYLAND RULES
CHAPTER 400. ATTORNEYS, OFFICERS OF COURT AND OTHER PERSONS
Md. Rule 16-401 (2012)
Rule 16-401. Proscribed activities -- Gratuities, etc
a. Giving prohibited. No attorney shall give, either directly or indirectly, to an officer or

employee of a court, or of an office serving a court, a gratuity, gift or any compensation related
to his official duties and not expressly authorized by rule or law.
b. Receiving prohibited. No officer or employee of any court, or of any office serving a court,
shall accept a gratuity or gift, either directly or indirectly, from a litigant, an attorney or any
person regularly doing business with the court, or any compensation related to such officer's or
employee's official duties and not expressly authorized by rule or law.
HISTORY: (Amended, June 5, 1996, effective Jan. 1, 1997; Nov. 12, 2003, effective Jan. 1,
MARYLAND RULES
Md. Rule 16-402 (2012)
Rule 16-402. Attorneys and other officers not to become sureties
[Deleted Mar. 5, 2001, effective July 1, 2001.]

MARYLAND RULES
Md. Rule 16-403 (2012)
Rule 16-403. Trust clerk
The circuit court for each county and the Supreme Bench of Baltimore City shall designate a
trust clerk and shall determine the trust clerk's compensation.
HISTORY: (Added Feb. 2, 1970; amended Oct. 1, 1980, effective Jan. 1, 1981; June 5, 1996,
MARYLAND RULES
Md. Rule 16-404 (2012)
Rule 16-404. Administration of court reporters
a. Applicability. Section b of this Rule applies to court reporters in the circuit courts and the
District Court. Sections c, d, and e apply in the circuit courts only.
b. Establishment of regulations and standards. The Chief Judge of the Court of Appeals shall
prescribe regulations and standards regarding court reporters and the system of reporting in the
courts of the State. The regulations and standards may include:
(1) the selection, qualifications, and responsibilities of court reporters;
(2) procedures and regulations;
(3) preparation, typing, and format of transcripts;
(4) charges for transcripts and copies;
(5) preservation and maintenance of reporting notes and records, however recorded;
(6) equipment and supplies utilized in reporting; and
(7) procedures for filing and maintaining administrative records and reports.
c. Number of court reporters -- Supervisory court reporter. Each circuit court shall have the
number of court reporters recommended by the County Administrative Judge and approved by
the Chief Judge of the Court of Appeals. In a county with more than one court reporter, the
County Administrative Judge shall designate one as supervisory court reporter, who shall serve
at the pleasure of the County Administrative Judge. The Chief Judge of the Court of Appeals
shall prescribe the duties of the supervisory court reporter.
d. Supervision of court reporters. Subject to the general supervision of the Chief Judge of the
Court of Appeals, the County Administrative Judge shall have the supervisory responsibility for
the court reporters in that county. The County Administrative Judge may delegate supervisory
responsibility to the supervisory court reporter, including the assignment of court reporters.
e. Methods of reporting -- Proceedings to be recorded. Each court reporter assigned to record a

proceeding shall record verbatim by shorthand, stenotype, mechanical, or electronic audio
recording methods, electronic word or text processing methods, or any combination of these
methods, and shall maintain that record subject to regulations and standards prescribed by the
Chief Judge of the Court of Appeals, except that a court reporter need not record an audio or
audiovisual recording offered or used at a hearing or trial. All proceedings held in open court,
including opening statements, closing arguments, and hearings on motions, shall be recorded in
their entirety, unless the court and the parties agree otherwise.
HISTORY: (Amended, June 5, 1996, effective Jan. 1, 1997; Dec. 16, 1999, effective Jan. 1,
2000; Mar. 5, 2001, effective July 1, 2001; April 5, 2005, effective July 1, 2005; amended Sept.
10, 2009, effective Oct. 1, 2009.)
MARYLAND RULES
Md. Rule 16-405 (2012)
Rule 16-405. Electronic audio and audio-video recording of circuit court proceedings
a. Authorization. The Circuit Administrative Judge for a judicial circuit, after consultation with
the County Administrative Judge for a county, may authorize the electronic audio or audio-video
recording in courtrooms or hearing rooms in that county of proceedings required or permitted to
be recorded by Rule 16-404 e.
b. Identification. The or other designee of the court clerk shall affix to the electronic audio or
audio-video recording a label containing the following information:
1. the name of the court;
2. the docket reference of each proceeding included on the recording;
3. the date on which the proceeding was recorded; and
4. any other identifying letters, marks, or numbers.
c. Trial log; exhibit list. The clerk or other designee of the court shall keep a written log
identifying each proceeding recorded on an audio or audio-video recording and, for each
proceeding recorded, a log listing the recording references for the beginning and end of each
witness's testimony, an exhibit list, and any portion of the audio or audio-video recording that
has been safeguarded pursuant to section d of this Rule. The original logs and exhibit list shall
remain with the original papers in the circuit court. A copy of the logs and the exhibit list shall be
kept with the audio or audio-video recording.
d. Safeguarding Confidential or Non-Public Portions of Proceedings. If a portion of a proceeding

that is recorded by audio or audio-video recording involves placing on the record matters that
would not be heard in open court or open to public inspection, the court shall direct that
appropriate safeguards be placed on that portion of the recording.
e. Presence of court reporter not necessary; conflicts with other rules.
1. If circuit court proceedings are recorded by audio or audio-video recording, it is not necessary
for a court reporter to be present in the courtroom.
2. In the event of a conflict between this Rule and another Rule, this Rule shall prevail.
HISTORY: (Added Nov. 22, 1989, effective Jan. 1, 1990; amended July 16, 1992; June 5, 1996,
effective Jan. 1, 1997; Oct. 31, 2002, effective Jan. 1, 2003; April 5, 2005, effective July 1,
2005.)
MARYLAND RULES
Md. Rule 16-406 (2012)
Rule 16-406. Access to electronic audio and audio-video recordings of proceedings in the circuit
court
a. Control -- In general. Electronic audio and audio-video recordings made pursuant to Rules
16-404 and 16-405 are under the control of the court having custody of them. Access to and
copying of those recordings are subject to the provisions of this Rule and Rule 16-405 d.
Cross references. -- Code, State Government Article, 10-615.
b. Access - In General. No person other than a duly authorized court official or employee shall
have direct access to or possession of an official audio or audio-video recording. Subject to Rule
16-405 d and unless otherwise ordered by the court, any person may view an official audio-video
recording at the times and places determined by the court having custody of the recording.
Copies of audio recordings and, where practicable, the audio portion of audio-video recordings,
may be purchased as provided in this Rule.
c. Right to Obtain Copy of Audio Recording or Audio Portion of Audio-Video Recording.

Subject to Rule 16-405 d and unless otherwise ordered by the court, the authorized custodian of
an official audio recording or the audio portion of an audio-video recording shall make a copy of
the audio recording or, if practicable, the audio portion of the audio-video recording, or any
portion thereof, available to any person upon written request and the payment of reasonable
costs, unless payment is waived by the court.
d. Right to copy of audio-video recording; restrictions.
1. Upon written request and the payment of reasonable costs, the authorized custodian of an
official videotape recording shall make a copy of the recording, or any part requested, available
to:
(A) a party to the action or the party's attorney;
(B) a stenographer, court reporter, or transcription service designated by the court for the
purpose of preparing an official transcript from the recording; and
(C) the Commission on Judicial Disabilities or its designee.
2. Unless authorized by an order of court, a person who receives a copy of an audio-video

recording pursuant to this section shall not (A) make or cause to be made any additional copy of
the recording or (B) except for a non-sequestered witness or an agent, employee, or consultant of
the attorney, make the recording available to any person not entitled to it pursuant to this section.
e. Other persons.
1. This section does not apply to the audio-video recording of (A) a criminal proceeding, (B) a
revocation of probation proceeding, or (C) any proceeding that is confidential by law. The right
to obtain a copy of an audio-video recording in those proceedings is governed solely by section d
of this Rule.
2. A person not entitled to a copy of an audio-video recording pursuant to section d of this Rule
may file a request to obtain a copy pursuant to this section. The person shall file the request with
the clerk of the circuit court in which the proceeding was conducted and shall serve a copy of the
request pursuant to Rule 1-321 on each party to the action.
3. A party may file a written response to the request within five days after being served with the
request. Any other interested person may file a response within 5 days after service of the request
on the last party to be served.
4. The clerk shall refer the request and all responses to the judge who conducted the proceeding.
If the action has been transferred to another circuit court, the clerk shall transfer the matter to that
court.
5. If the action is still pending in the court, the court shall deny the request unless (A) all parties
have affirmatively consented and no interested person has filed a timely objection or (B) the
court finds good cause to grant the request. If judgment has been entered in the action, the court
shall grant the request unless it finds good cause to the contrary, but the court may delay
permission to obtain the copy until either all appellate proceedings are completed or the right to
further appellate review has lapsed.
1, 1997; Nov. 12, 2003, effective Jan. 1, 2004; April 5, 2005, effective July 1, 2005; amended
Sept. 10, 2009, effective Oct. 1, 2009.)
MARYLAND RULES
CHAPTER 500. COURT ADMINISTRATION -- DISTRICT COURT
Md. Rule 16-501 (2012)

The rules in this Chapter apply to the District Court.
MARYLAND RULES
Md. Rule 16-502 (2012)
Rule 16-502. Payment of money into court
All money paid into court on account of a pending action shall be deposited by the clerk in a
bank and noted in an appropriate record. The clerk shall disburse the money only upon order of
the court and, unless the court otherwise directs, only by check payable to the order of the party
entitled and the party's counsel of record.
HISTORY: (Added May 14, 1992, effective July 1, 1992; amended June 5, 1996, effective Jan.
1, 1997.)
MARYLAND RULES
Md. Rule 16-503 (2012)
Rule 16-503. Court information system
a. Reporting and transmittal of criminal history record information.
1. The District Court of Maryland shall transmit to the Central Repository of Criminal History
Record Information of the Department of Public Safety and Correctional Services the data
elements of criminal history record information on offenses agreed to by the Secretary of the
Department of Public Safety and Correctional Services and the Chief Judge of the Court of
Appeals or his designee for purposes of completing a criminal history record maintained by the
Central Repository of Criminal History Record Information.
2. Transmittal of reports of dispositions. When a defendant has been charged by citation and a
conviction is entered by reason of his payment of a fine or forfeiture of collateral before trial, the
conviction is not a reportable event under Code, Criminal Procedure Article, 10-215(a)(10).
b. Inspection of criminal history record information contained in court records of public judicial
proceedings. Unless expunged, sealed, marked confidential or otherwise prohibited by statute,
court rule or order, criminal history record information contained in court records of public
judicial proceedings is subject to inspection by any person at the times and under conditions as
the clerk of a court reasonably determines necessary for the protection of the records and the
prevention of unnecessary interference with the regular discharge of the duties of his office.
Cross references. -- See Code, Courts Article, 2-203 and 13-101(d) and (f), Code, Criminal
Procedure Article, 10-201, 10-214, and 10-217, and Code, State Government Article, 10-
612 through 10-619. For definition of court records, see Rule 4-502(d).
HISTORY: (Added Dec. 21, 1977, effective Jan. 1, 1978; amended June 5, 1996, effective Jan.
MARYLAND RULES
Md. Rule 16-504 (2012)
Rule 16-504. Recording of proceedings
a. Audio Recording Required. All trials, hearings, and other proceedings before a judge in open
court shall be recorded verbatim by an audio recording device provided by the Court. The Chief
Judge of the District Court may authorize recording by additional means, including audio-video
recording. The recording shall be filed among the court records. Audio-video recording of a
proceeding and access to the audio-video recording shall be in accordance with Rules 16-405 and
16-406.
b. Safeguarding Confidential or Non-Public Portions of Proceedings. If a portion of a proceeding

involves placing on the record matters that would not be heard in open court or open to public
inspection, the Court shall direct that appropriate safeguards be placed on that portion of the
audio recording. The clerk shall create a written log listing the recording references for the
beginning and end of the safeguarded portions of the recording. The log shall be kept with the
original papers in the Court and a copy of the log shall be kept with the audio recording.
c. Access; Right to Obtain Copy of Audio Recording. No person other than a duly authorized
Court official or employee shall have direct access to or possession of an official audio
recording. Subject to section b of this Rule and unless otherwise ordered by the Court, the
authorized custodian of an official audio recording shall make a copy of the audio recording, or
any portion thereof, available to any person upon written request and the payment of reasonable
costs, unless payment is waived by the Court.
HISTORY: (Added Apr. 6, 1984, effective July 1, 1984; amended June 5, 1996, effective Jan. 1,
1997; Mar. 5, 2001, effective July 1, 2001; April 5, 2005, effective July 1, 2005.)
MARYLAND RULES
Md. Rule 16-505 (2012)
Rule 16-505. Disposition of records

a. Definitions. In this Rule, unless the context or subject matter otherwise requires:
1. Dispose. "Dispose" means to either destroy or remove records.
2. Records. "Records" mean any original papers, official books, documents, and files, including
but not limited to dockets, electronic recordings of testimony and exhibits within the custody of
the clerk of the court.
Cross references. -- See Code, 9-1009 and 10-639 through 10-642 of the State Government
Article.
3. Schedule. "Schedule" means the form known as the "Records Retention and Disposal
Schedule" used by the Records Management Division of the Hall of Records Commission.
b. Authority. Subject to the provisions of this Rule, the clerk of the court, with the written
approval of the Chief Judge of the District Court and in cooperation with the Hall of Records
Commission, may dispose of records within his custody.
Cross references. -- See 2-206 of the Courts Article.
c. Procedure.
1. Schedule preparation -- Hall of Records recommendation. The clerk of the court shall prepare
a schedule for the disposition of court records and submit it to the Hall of Records Commission
for its recommendation.
2. Chief Judge -- Approval. The schedule, together with the recommendation of the Hall of
Records Commission, shall be submitted for the written approval of the Chief Judge who may
approve it in whole or in part, amend it or disapprove it.
3. Court order. Approval of the schedule by the Chief Judge shall be deemed an order of court
providing for disposal of the records.
4. Contents of schedule. The schedule, as approved, shall set forth:
(i) The identification of the records.
(ii) The length of time the records are to be retained by the clerk of the court before disposition.
(iii) Whether the Hall of Records Commission declines to accept the records for preservation.
(iv) Whether the records are to be destroyed or removed.
(v) The place to which the records would be removed.
(vi) Whether the schedule shall be "standing" viz., operative until changed by further order of
court.
5. Removal procedures -- Hall of records. In those cases where the Hall of Records Commission
accepts records, they shall be removed according to the Hall of Records Commission procedures.
6. Disposal if hall of records declines custody. In those cases where the Hall of Records
Commission declines records, disposition shall be according to the terms set forth in the schedule
as approved. If the records are to be destroyed the clerk shall obtain the approval of the Board of
Public Works and upon destruction shall file a certificate of destruction with the Hall of Records
Commission.
Cross references. -- See Code, 10-642 of the State Government Article.
Committee note. -- This Rule is meant to allow periodic destruction of records without the
necessity of obtaining Board of Public Works approval each time if such destruction of records
or classes of records had been clearly approved by the Board of Public Works in a standing
schedule.
d. Limitations upon disposal of records.
1. Indices, dockets, and books of account. The clerk shall retain permanently all indices, dockets,
and books of account.
2. Emergency evaluation and domestic violence cases. The clerk shall retain for a period of 12
years after the case is closed all original papers and exhibits in any case containing a petition for
emergency evaluation or a petition for protection from domestic violence.
3. Cases involving judgment for a sum certain. In any case in which a judgment for a sum certain
is entered, the clerk shall retain all original papers, exhibits, and electronic recordings of
testimony for a period of three years after entry of the judgment and shall continue to retain all
original papers and exhibits in the file after that three year period until the judgment expires or is
satisfied.
4. Criminal cases.
(i) In any criminal case which is dismissed or in which a nolle prosequi or stet is entered, the
clerk shall retain all original papers, exhibits, and electronic recordings of testimony for a period
of three years after the case is so concluded.
(ii) In any criminal case in which judgment is entered or probation before judgment is granted,
the clerk shall retain all original papers, exhibits, and electronic recordings of testimony for a
period of three years after the case is so concluded, and if within that three year period the
defendant fails to comply with the order of court, the clerk shall continue to retain the original
papers and exhibits in the file until the failure is cured or an arrest warrant issued as a result of
the failure is invalidated as permitted by law.
(iii) In any criminal case for a misdemeanor in which an arrest warrant issued on the charging
document or as a result of the defendant's failure to appear for trial remains unserved three years
after its issuance, the clerk shall retain all the original papers and exhibits in the file until the
warrant is invalidated as permitted by law.
5. Other cases. Except as provided in subsection 1, 2, 3, or 4 of this section the clerk shall retain
all original papers, exhibits, and electronic recordings of testimony in a case for a period of three
years after the case is concluded by dismissal, settlement, or entry of judgment.
6. Disposal if photographed, photocopied, or microphotographed -- Traffic and criminal dockets.
(i) Any of the records, except dockets, set forth in subsections 1 through 5 of this section may be
disposed of at any time provided that the records have been photographed, photocopied or
microphotographed in accordance with the Hall of Records Commission procedures and copies
have been substituted therefor, including a master security negative which shall be retained
permanently.
(ii) Traffic and criminal dockets may be disposed of after a period of five years if copies are
retained in accordance with subsection 6 (i) above.
7. Retention by Hall of Records. Whenever this section requires the clerk to retain records, the
requirement may be satisfied by retention of the records by the Hall of Records Commission.
When records retained by the clerk are twenty-five years of age, if not previously transferred to
the Hall of Records Commission, they shall be transferred to that Commission, or disposed of
according to schedule.
HISTORY: (Added June 16, 1975, effective July 1, 1975; amended Dec. 17, 1975, effective
Jan. 1, 1976; May 6, 1977, effective July 1, 1977; June 23, 1983, effective Jan. 1, 1984; Nov. 19,
1987, effective July 1, 1988; Mar. 22, 1991, effective July 1, 1991; June 5, 1996, effective Jan. 1,
1997.)
MARYLAND RULES
Md. Rule 16-506 (2012)
Rule 16-506. Electronic filing of pleadings and papers
(a) Applicability; Conflicts with other Rules. This Rule applies to the electronic filing of
pleadings and papers in the District Court. A pleading or paper may not be filed by direct
electronic transmission to the Court except in accordance with this Rule. This Rule and any
administrative order entered pursuant to it prevail if inconsistent with any other Rule.
(b) Submission of plan. The Chief Judge of the District Court may submit to the Court of
Appeals for approval a detailed plan for a pilot project for the electronic filing of pleadings and
papers. In developing the plan, the Chief Judge shall consult with the District Administrative
Judge and the District Administrative Clerk of each district included in the plan, the District
Court Chief Clerk, appropriate vendors, the State Court Administrator, and any other judges,
court clerks, members of the bar, vendors of electronic filing systems, and interested persons that
the Chief Judge chooses to ensure that: (1) the proposed electronic filing system is compatible
with the data processing systems, operational systems, and electronic filing systems used or
expected to be used by the judiciary; (2) the installation and use of the proposed system does not
create an undue financial or operational burden on the District Court; (3) the proposed system is
reasonably available for use at a reasonable cost or an efficient and compatible system of manual
filing will be maintained; (4) the proposed system is effective, secure, and not likely to break
down; (5) the proposed system makes appropriate provision for the protection of privacy and for
public access to public records; and (6) the court can discard or replace the system during or at
the conclusion of a trial period without undue financial or operational burden. The State Court
Administrator shall review the plan and make a recommendation to the Court of Appeals with
respect to it.
Cross references. -- For the definition of "public record," see Code, State Government Article,
10-611.
(c) Approval; Duration. A plan may not be implemented unless approved by administrative order
of the Court of Appeals. The plan shall terminate two years after the date of the administrative
order unless the Court terminates it earlier or modifies or extends it by a subsequent
administrative order.
(d) Evaluation. The Chief Judge of the Court of Appeals may appoint a committee consisting of
one or more judges, court clerks, lawyers, legal educators, bar association representatives, and
other interested and knowledgeable persons to monitor and evaluate the plan. Before the
expiration of the two-year period set forth in section (c) of this Rule, the Court of Appeals, after
considering the recommendations of the committee, shall evaluate the operation of the plan.
(e) Public availability of plan. The Chief Clerk of the District Court shall make available for
public inspection a copy of any current plan.
HISTORY: (Added Oct. 31, 2002, effective Jan. 1, 2003.)

MARYLAND RULES
CHAPTER 600. ATTORNEY TRUST ACCOUNTS
Md. Rule 16-601 (2012)
The Rules in this Chapter apply to all trust accounts required by law to be maintained by
attorneys for the deposit of funds that belong to others, except that these Rules do not apply to a
fiduciary account maintained by an attorney as personal representative, trustee, guardian,
custodian, receiver, or committee, or as a fiduciary under a written instrument or order of court.
HISTORY: (Amended June 5, 1996, effective Jan. 1, 1997; Feb. 8, 2005, effective July 1,
2005.)
MARYLAND RULES
Md. Rule 16-602 (2012)
Rule 16-602. Definitions.
In this Chapter, the following definitions apply, except as expressly otherwise provided or as
a. Approved financial institution. "Approved financial institution" means a financial institution

approved by the Commission in accordance with these Rules.
b. Attorney. "Attorney" means any person admitted by the Court of Appeals to practice law.
c. Attorney trust account. "Attorney trust account" means an account, including an escrow
account, maintained in a financial institution for the deposit of funds received or held by an
attorney or law firm on behalf of a client or third person.
d. Bar Counsel. "Bar Counsel" means the person appointed by the Commission as the principal
executive officer of the disciplinary system affecting attorneys. All duties of Bar Counsel
prescribed by these Rules shall be subject to the supervision and procedural guidelines of the
Commission.
e. Client. "Client" includes any individual, firm, or entity for which an attorney performs any
legal service, including acting as an escrow agent or as a legal representative of a fiduciary. The
term does not include a public or private entity of which an attorney is a full-time employee.
f. Commission. "Commission" means the Attorney Grievance Commission of Maryland, as

authorized and created by Rule 16-711 (Attorney Grievance Commission).
g. Financial institution. "Financial institution" means a bank, trust company, savings bank, or
savings and loan association authorized by law to do business in this State, in the District of
Columbia, or in a state contiguous to this State, the accounts of which are insured by an agency
or instrumentality of the United States.
h. IOLTA. "IOLTA" (Interest on Lawyer Trust Accounts) means interest on attorney trust
accounts payable to the Maryland Legal Services Corporation Fund under Code, Business
Occupations and Professions Article, 10-303.
i. Law firm. "Law firm" includes a partnership of attorneys, a professional or nonprofit

corporation of attorneys, and a combination thereof engaged in the practice of law. In the case of
a law firm with offices in this State and in other jurisdictions, the Rules in this Chapter apply
only to the offices in this State.
HISTORY: (Amended June 28, 1989, effective July 1, 1989; June 5, 1996, effective Jan. 1,
1997; March 12, 2007, effective Jan. 1, 2008; Dec. 4, 2007, effective April 1, 2008.)
MARYLAND RULES
Md. Rule 16-603 (2012)
Rule 16-603. Duty to maintain account
An attorney or the attorney's law firm shall maintain one or more attorney trust accounts for
the deposit of funds received from any source for the intended benefit of clients or third persons.
The account or accounts shall be maintained in this State, in the District of Columbia, or in a
state contiguous to this State, and shall be with an approved financial institution. Unless an
attorney maintains such an account, or is a member of or employed by a law firm that maintains
such an account, an attorney may not receive and accept funds as an attorney from any source
intended in whole or in part for the benefit of a client or third person.
HISTORY: (Amended, June 5, 1996, effective Jan. 1, 1997.)
MARYLAND RULES
Md. Rule 16-604 (2012)
Rule 16-604. Trust account -- Required deposits
Except as otherwise permitted by rule or other law, all funds, including cash, received and
accepted by an attorney or law firm in this State from a client or third person to be delivered in
whole or in part to a client or third person, unless received as payment of fees owed the attorney
by the client or in reimbursement for expenses properly advanced on behalf of the client, shall be
deposited in an attorney trust account in an approved financial institution. This Rule does not
apply to an instrument received by an attorney or law firm that is made payable solely to a client
or third person and is transmitted directly to the client or third person.
MARYLAND RULES
Md. Rule 16-605 (2012)

Rule 16-605. Duty of attorney to notify institution
An attorney may not exercise any authority to sign checks or disburse or withdraw funds from
an attorney trust account until the attorney in writing:
a. Requests the financial institution to designate the account on its records as an attorney trust
account, and
b. Authorizes the financial institution to report to Bar Counsel any dishonored instruments or
overdrafts in the account as required by the agreement under Rule 16-610 between the institution
and the Commission.

MARYLAND RULES
Md. Rule 16-606 (2012)
Rule 16-606. Name and designation of account
An attorney or law firm shall maintain each attorney trust account with a title that includes the
name of the attorney or law firm and that clearly designates the account as "Attorney Trust
Account", "Attorney Escrow Account", or "Clients' Funds Account" on all checks and deposit
slips. The title shall distinguish the account from any other fiduciary account that the attorney or
law firm may maintain and from any personal or business account of the attorney or law firm.

MARYLAND RULES
Md. Rule 16-606.1 (2012)
Rule 16-606.1. Attorney trust account record-keeping.
(a) Creation of records. The following records shall be created and maintained for the receipt
and disbursement of funds of clients or of third persons:
(1) Attorney trust account identification. An identification of all attorney trust accounts
maintained, including the name of the financial institution, account number, account name, date
the account was opened, date the account was closed, and an agreement with the financial
institution establishing each account and its interest-bearing nature.
(2) Deposits and disbursements. A record for each account that chronologically shows all
deposits and disbursements, as follows:
(A) for each deposit, a record made at or near the time of the deposit that shows (i) the date of
the deposit, (ii) the amount, (iii) the identity of the client or third person for whom the funds
were deposited, and (iv) the purpose of the deposit;
(B) for each disbursement, including a disbursement made by electronic transfer, a record made
at or near the time of disbursement that shows (i) the date of the disbursement, (ii) the amount,
(iii) the payee, (iv) the identity of the client or third person for whom the disbursement was made
(if not the payee), and (v) the purpose of the disbursement;
(C) for each disbursement made by electronic transfer, a written memorandum authorizing the
transaction and identifying the attorney responsible for the transaction.
Cross references. -- See Rule 16-609 c, which provides that a disbursement that would create a
negative balance with respect to any individual client matter or with respect to all client matters
in the aggregate is prohibited.
(3) Client matter records. A record for each client matter in which the attorney receives funds in
trust, as follows:
(A) for each attorney trust account transaction, a record that shows (i) the date of the deposit or
disbursement; (ii) the amount of the deposit or disbursement; (iii) the purpose for which the
funds are intended; (iv) for a disbursement, the payee and the check number or other payment
identification; and (v) the balance of funds remaining in the account in connection with the
matter; and
(B) an identification of the person to whom the unused portion of a fee or expense deposit is to
be returned whenever it is to be returned to a person other than the client.
(4) Record of funds of the attorney. A record that identifies the funds of the attorney held in each
attorney trust account as permitted by Rule 16-607 b.
(b) Monthly reconciliation. An attorney shall cause to be created a monthly reconciliation of all
attorney trust account records, client matter records, records of funds of the attorney held in an
attorney trust account as permitted by Rule 16-607 b, and the adjusted month-end financial
institution statement balance. The adjusted month-end financial institution statement balance is
computed by adding subsequent deposits to and subtracting subsequent disbursements from the
financial institution's month-end statement balance.
(c) Electronic records. Whenever the records required by this Rule are created or maintained
using electronic means, there must be an ability to print a paper copy of the records upon a
reasonable request to do so.
Committee note. -- Electronic records should be backed up regularly by an appropriate storage

device.
(d) Records to be maintained. Financial institution month-end statements, any canceled checks or
copies of canceled checks provided with a financial institution month-end statement, duplicate
deposit slips or deposit receipts generated by the financial institution, and records created in
accordance with section (a) of this Rule shall be maintained for a period of at least five years
after the date the record was created.
HISTORY: (Adopted March 12, 2007, effective January 1, 2008.)

MARYLAND RULES
Md. Rule 16-607 (2012)
Rule 16-607. Commingling of funds
a. General prohibition. An attorney or law firm may deposit in an attorney trust account only
those funds required to be deposited in that account by Rule 16-604 or permitted to be so
deposited by section b. of this Rule.
b. Exceptions.
1. An attorney or law firm shall either (A) deposit into an attorney trust account funds to pay any
fees, service charges, or minimum balance required by the financial institution to open or
maintain the account, including those fees that cannot be charged against interest due to the
Maryland Legal Services Corporation Fund pursuant to Rule 16-610 b 1 (D), or (B) enter into an
agreement with the financial institution to have any fees or charges deducted from an operating
account maintained by the attorney or law firm. The attorney or law firm may deposit into an
attorney trust account any funds expected to be advanced on behalf of a client and expected to be
reimbursed to the attorney by the client.
2. An attorney or law firm may deposit into an attorney trust account funds belonging in part to
a client and in part presently or potentially to the attorney or law firm. The portion belonging to
the attorney or law firm shall be withdrawn promptly when the attorney or law firm becomes
entitled to the funds, but any portion disputed by the client shall remain in the account until the
dispute is resolved.
3. Funds of a client or beneficial owner may be pooled and commingled in an attorney trust
account with the funds held for other clients or beneficial owners.
HISTORY: (Amended Sept. 11, 1995, effective Jan. 1, 1996; June 5, 1996, effective Jan. 1,
1997; June 10, 1997, effective July 1, 1997; Jan. 20, 1999, effective July 1, 1999.)
MARYLAND RULES
Md. Rule 16-608 (2012)
Rule 16-608. Interest on funds in attorney trust accounts
a. Generally. Any interest paid on funds deposited in an attorney trust account, after deducting
service charges and fees of the financial institution, shall be credited and belong to the client or
third person whose funds are on deposit during the period the interest is earned, except to the
extent that interest is paid to the Maryland Legal Services Corporation Fund as authorized by
law. The attorney or law firm shall have no right or claim to the interest.
Cross references. -- See Rule 16-610 b 1 (D) providing that certain fees may not be deducted
from interest that otherwise would be payable to the Maryland Legal Services Corporation Fund.
b. Duty to report IOLTA participation.
(1) Required as a condition of practice. As a condition precedent to the practice of law, each
lawyer admitted to practice in Maryland shall report annually in accordance with this Rule
information concerning all IOLTA accounts, including name, address, location, and account
number, on a form approved by the Court of Appeals.
(2) Oversight of the reporting process. The Court of Appeals shall designate an employee of the
Administrative Office of the Courts to oversee the reporting process set forth in this Rule.
(3) Mailing by the Administrative Office of the Courts. On or before January 10 of each year, the
Administrative Office of the Courts shall mail an IOLTA Compliance Report form to each
lawyer on the list maintained by the Client Protection Fund of the Bar of Maryland. The
addresses on that list shall be used for all notices and correspondence pertaining to the reports.
(4) Due date. IOLTA Compliance Reports for each year shall be filed with the Administrative
Office of the Courts on or before February 15 of that year.
(5) Enforcement.
(A) Notice of default. As soon as practicable after May 1 of each year, the Administrative Office
of the Courts shall notify each defaulting lawyer of the lawyer's failure to file a report. The notice
shall (i) state that the lawyer has not filed the IOLTA Compliance Report for that year, (ii) state
that continued failure to file the Report may result in the entry of an order by the Court of
Appeals prohibiting the lawyer from practicing law in the State, and (iii) be sent by first-class
mail. The mailing of the notice of default shall constitute service.
(B) Additional discretionary notice of default. In addition to the mailed notice, the
Administrative Office of the Courts may give additional notice to defaulting lawyers by any of
the means enumerated in Rule 16-811 f 3.
(C) List of defaulting lawyers. As soon as practicable after July 1 of each year but no later than
August 1, the Administrative Office of the Courts shall prepare, certify, and file with the Court
of Appeals a list that includes the name and address of each lawyer engaged in the practice of
law who has failed to file the IOLTA Compliance Report for that year.
(D) Certification of default; Order of Decertification. The Administrative Office of the Courts
shall submit with the list a proposed Decertification Order stating the names and addresses of
those lawyers who have failed to file their IOLTA Compliance Report. At the request of the
Court of Appeals, the Administrative Office of the Courts also shall furnish additional
information from its records or give further notice to the defaulting lawyers. If satisfied that the
Administrative Office of the Courts has given the required notice to each lawyer named on the
proposed Decertification Order, the Court of Appeals shall enter a Decertification Order
prohibiting each of them from practicing law in the State.
(E) Mailing of Decertification Order. The Administrative Office of the Courts shall mail by first-
class mail a copy of the Decertification Order to each lawyer named in the Order. The mailing of
the copy of the Decertification Order shall constitute service.
(F) Recertification; restoration to good standing. If a lawyer thereafter files the outstanding
IOLTA Compliance Report, the Administrative Office of the Courts shall request the Court of
Appeals to enter an order that recertifies the lawyer and restores the lawyer to good standing.
Upon entry of that order, the Administrative Office of the Courts promptly shall furnish
confirmation to the lawyer. After a lawyer is recertified, the fact that the lawyer had been
decertified need not be disclosed by the lawyer in response to a request for information as to
whether the lawyer has been the subject of a disciplinary or remedial proceeding.
(G) Notices to clerks and Maryland Legal Services Corporation. The Clerk of the Court of
Appeals shall send a copy of each Decertification Order and each order that recertifies a lawyer
and restores the lawyer to good standing entered pursuant to this Rule to the Clerk of the Court
of Special Appeals, the Clerk of each circuit court, the Chief Clerk of the District Court, and the
Register of Wills for each county, and the Maryland Legal Services Corporation.
(H) Certain information furnished to the Maryland Legal Services Corporation. The
Administrative Office of the Courts promptly shall submit to the Maryland Legal Services
Corporation the data from electronically submitted IOLTA Compliance Reports and, upon
request, shall forward the paper Compliance Reports.
(I) Confidentiality. Except as provided in subsection b 5 (H) of this Rule, IOLTA Compliance
Reports, whether in paper or electronic form, are confidential and are not subject to inspection or
disclosure under Code, State Government Article, 10-615 (2) (iii). The Administrative Office
of the Courts shall not release the Reports to any person or agency, except as provided in this
Rule or upon order of the Court of Appeals. Nonidentifying information and data contained in a
lawyer's IOLTA Compliance Report are not confidential.
HISTORY: (Amended Sept. 11, 1995, effective Jan. 1, 1996; June 5, 1996, effective Jan. 1,
effective April 1, 2008; amended Sept. 10, 2009, effective Oct. 1, 2009.)
MARYLAND RULES
Md. Rule 16-609 (2012)
Rule 16-609. Prohibited transactions.
a. Generally. An attorney or law firm may not borrow or pledge any funds required by the
Rules in this Chapter to be deposited in an attorney trust account, obtain any remuneration from
the financial institution for depositing any funds in the account, or use any funds for any
unauthorized purpose.
b. No cash disbursements. An instrument drawn on an attorney trust account may not be drawn
payable to cash or to bearer, and no cash withdrawal may be made from an automated teller
machine or by any other method. All disbursements from an attorney trust account shall be made
by check or electronic transfer.
c. Negative balance prohibited. No funds from an attorney trust account shall be disbursed if the
disbursement would create a negative balance with regard to an individual client matter or all
client matters in the aggregate.
HISTORY: (Amended, June 5, 1996, effective Jan. 1, 1997; March 12, 2007, effective January
1, 2008.)
0
MARYLAND RULES
Md. Rule 16-611 (2012)
Rule 16-611. Notice of approved institutions
The Commission shall cause to be published in the Maryland Register, at six-month intervals,
a list that identifies:
1. All currently approved financial institutions; and
2. Any financial institution whose agreement has terminated since the previous list was
published.
1997.)
MARYLAND RULES
Md. Rule 16-612 (2012)
Upon receipt of a report of overdraft on or dishonored instrument drawn on an attorney trust

account, Bar Counsel shall contact the attorney or law firm maintaining the account and request
an informal explanation for the overdraft or dishonored instrument. The attorney or law firm
shall provide any records of the account necessary to support the explanation. If Bar Counsel has
requested but has failed to receive a satisfactory explanation for any overdraft or dishonored
check, or if good cause exists to believe that an attorney or law firm has failed to perform any
duty under these Rules, Bar Counsel may secure compliance with these Rules by appropriate
means approved by the Commission, including application for an audit pursuant to Rule 16-722
(Audit of Attorney Accounts and Records).

MARYLAND RULES
CHAPTER 700. DISCIPLINE AND INACTIVE STATUS OF ATTORNEYS
Md. Rule 16-701 (2012)
In this Chapter, the following definitions apply except as expressly otherwise provided or as
(a) Attorney. "Attorney" means a person admitted by the Court of Appeals to practice law in this
State. For purposes of discipline or inactive status, the term also includes a person not admitted
by the Court of Appeals who engages in the practice of law in this State, or who holds himself or
herself out as practicing law in this State, or who has the obligation of supervision or control
over another lawyer who engages in the practice of law in this State.
Cross references. -- See Rule 8.5 of the Maryland Lawyers' Rules of Professional Conduct.
(b) Circuit. "Circuit" means Appellate Judicial Circuit.
(c) Commission. "Commission" means the Attorney Grievance Commission of Maryland.
(d) Conditional diversion agreement. "Conditional diversion agreement" means the agreement
provided for in Rule 16-736.
(e) Disbarment. "Disbarment" means the unconditional termination of any privilege to practice
law in this State and, when applied to an attorney not admitted by the Court of Appeals to
practice law, means the unconditional exclusion from the admission to or the exercise of any
privilege to practice law in this State.
(f) Incapacity. "Incapacity" means the inability to render adequate legal service by reason of
mental or physical illness or infirmity, or addiction to or dependence upon an intoxicant or drug.
(g) Office for the practice of law. "Office for the practice of law" means an office in which an
attorney usually devotes a substantial part of the attorney's time to the practice of law during
ordinary business hours in the traditional work week.
(h) Petition for disciplinary or remedial action. "Petition for disciplinary or remedial action"
means the initial pleading filed in the Court of Appeals against an attorney alleging that the
attorney has engaged in professional misconduct or is incapacitated or both.
(i) Professional misconduct. "Professional misconduct" or "misconduct" has the meaning set
forth in Rule 8.4 of the Maryland Lawyers' Rules of Professional Conduct, as adopted by Rule
16-812. The term includes the knowing failure to respond to a request for information authorized
by this Chapter without asserting, in writing, a privilege or other basis for such failure.
(j) Reinstatement. "Reinstatement" means the termination of disbarment, suspension, or inactive

status and the termination of any exclusion to practice law in this State.
(k) Serious crime. "Serious crime" means a crime that is in at least one of the following
categories: (1) a felony under Maryland law, (2) a crime in another state or under federal law that
would have been a felony under Maryland law had the crime been committed in Maryland, and
(3) a crime under federal law or the law of any state that is punishable by imprisonment for three
years or more.
(l) State. "State" means (1) a state, possession, territory, or commonwealth of the United States
or (2) the District of Columbia.
(m) Statement of charges. "Statement of charges" means the document that alleges professional
misconduct or incapacity and initiates disciplinary or remedial proceedings against an attorney
(n) Suspension. "Suspension" means the temporary or indefinite termination of the privilege to
practice law and, when applied to an attorney not admitted by the Court of Appeals to practice
law, means the temporary or indefinite exclusion from the admission to or the exercise of any
privilege to practice law in this State.
(o) Warning. "Warning" means a notice that warns an attorney about future misconduct.
HISTORY: (Added Nov. 30, 2000, effective July 1, 2001; February 8, 2005, effective July 1,
2005.)
MARYLAND RULES
Md. Rule 16-709 (2012)
Rule 16-709. Charges
MARYLAND RULES
Md. Rule 16-710 (2012)
Rule 16-710. Hearings
MARYLAND RULES
Md. Rule 16-711 (2012)
Rule 16-711. Attorney Grievance Commission
(a) Creation and composition. There is an Attorney Grievance Commission which shall consist
of 12 members appointed by the Court of Appeals. Nine members shall be attorneys and three
members shall not be attorneys.
(b) Term. Subject to section (f) of this Rule, the term of each member is three years. The terms of
the members shall be staggered so that the terms of three attorney members and one non-attorney
member expire each year.
(c) Compensation. A member of the Commission may not receive compensation for serving in
that capacity but is entitled to reimbursement for expenses reasonably incurred in the
performance of official duties in accordance with standard State travel regulations.
(d) Chair and Vice Chair. The Court of Appeals shall designate one attorney member as the
Chair of the Commission and one attorney member as the Vice Chair. In the absence or disability
of the Chair or upon an express delegation of authority by the Chair, the Vice Chair shall have
the authority and perform the duties of the Chair.
(e) Executive Secretary. The Commission may select an attorney as Executive Secretary. The
Executive Secretary shall serve at the pleasure of the Commission and receive the compensation
set forth in the budget of the Commission. As directed by the Commission, the Executive
Secretary shall (1) receive documents that are filed with the Commission and maintain the
records of the Commission, (2) prepare the agenda of meetings of the Commission and before
each meeting send to each Commission member a copy of the agenda and meeting materials, (3)
serve as in-house counsel to the Commission, (4) serve as liaison to the Chair of the Peer Review
Committee, and (5) have such other administrative powers and duties assigned by the
Commission.
(f) Removal. The Court of Appeals may remove a member of the Commission at any time.
(g) Quorum. The presence of seven members of the Commission constitutes a quorum for the
transaction of business. The concurrence of seven members is required for all actions taken by
the Commission other than adjournment of a meeting for lack of a quorum.
(h) Powers and duties. The Commission has the powers and duties to:
(1) recommend to the Court of Appeals the adoption of procedural and administrative guidelines
and policies consistent with these Rules;
(2) employ and prescribe the compensation of the Executive Secretary;
(3) with the approval of the Court of Appeals, appoint Bar Counsel;
(4) supervise the activities of Bar Counsel;
(5) authorize Bar Counsel to employ attorneys, investigators, and staff personnel and to
prescribe their compensation;
(6) appoint special counsel as the need arises;
(7) appoint members of the Peer Review Committee, designate the Chair and one or more Vice
Chairs, and remove any member for cause;
(8) employ and prescribe the compensation of personnel to assist the Chair of the Peer Review
Committee;
(9) exercise the authority granted in the Rules in this Chapter with respect to the approval or
disapproval of (A) the dismissal of a complaint or Statement of Charges, (B) the termination of a
complaint with or without a warning, (C) a Conditional Diversion Agreement, (D) a reprimand,
or (E) the filing of a Petition for Disciplinary or Remedial Action;
(10) grant or deny any requests for extensions of time permitted under the Rules of this Chapter
or delegate to the Chair of the Commission the authority to grant or deny such requests;
(11) authorize the issuance of subpoenas in accordance with these Rules;
(12) perform the duties required by Title 16, Chapter 600 (Attorney Trust Accounts);
(13) administer the Disciplinary Fund;
(14) submit not later than September 1 of each year a report to the Court of Appeals accounting
for the Disciplinary Fund, evaluating the effectiveness of the disciplinary system, and
recommending any changes; and
(15) submit annually to the State Court Administrator for review and approval by the Court of
Appeals a proposed budget for the disciplinary system.
(i) Effect of Chair's decisions. When a request for action under this Chapter is subject to the
approval of the Chair of the Commission, the Chair's approval of the request is final and shall be
reported to the Commission. If the Chair denies the request or refers it to the Commission for
action, the Commission shall act upon the request at its next meeting.
HISTORY: (Added Nov. 30, 2000, effective July 1, 2001.)

MARYLAND RULES
Md. Rule 16-712 (2012)
Rule 16-712. Bar Counsel
(a) Appointment. Subject to approval by the Court of Appeals, the Commission shall appoint
an attorney as Bar Counsel. Before appointing Bar Counsel, the Commission shall notify bar
associations and the general public of the vacancy and consider any recommendations that are
timely submitted. Bar Counsel shall serve at the pleasure of the Commission and shall receive
the compensation set forth in the budget of the Commission.
(b) Powers and duties. Subject to the supervision and approval, if required, of the Commission,
Bar Counsel has the powers and duties to:
(1) investigate professional misconduct or incapacity;
(2) issue subpoenas as provided by Rule 16-732;
(3) enter into and implement Conditional Diversion Agreements, issue notices, and administer
warnings and reprimands;
(4) file statements of charges, participate in proceedings before Peer Review Panels, and
prosecute all disciplinary and remedial proceedings;
(5) file and prosecute petitions for disciplinary and remedial actions in the name of the
Commission;
(6) monitor and enforce compliance with all disciplinary and remedial orders of the Court of
Appeals;
(7) investigate petitions for reinstatement and applications for resignation from the practice of
law and represent the Commission in those proceedings;
(8) initiate, intervene in, and prosecute actions to enjoin the unauthorized practice of law;
(9) employ attorneys, investigators, and staff personnel as authorized by the Commission at the
compensation set forth in the Commission's budget;
(10) discharge any employee;
(11) maintain dockets and records of all papers filed in disciplinary or remedial proceedings;
(12) make reports to the Commission; and
(13) perform other duties prescribed by the Commission, this Chapter, and the Rules in Title 16,
Chapter 600 (Attorney Trust Accounts).

MARYLAND RULES
Md. Rule 16-713 (2012)
Rule 16-713. Peer Review Committee
(a) Creation. There is a Peer Review Committee, the members of which are appointed to serve
on Peer Review Panels pursuant to Rule 16-742.
(b) Composition. The Peer Review Committee consists of the number of persons in each circuit
that the Commission determines is necessary to conduct the volume of peer review proceedings.
Of the number of members determined for each circuit, one-third shall be residents of that circuit
who are not attorneys and the remainder shall be attorneys who maintain offices for the practice
of law within that circuit.
(c) Persons ineligible for appointment as a lawyer member. The Commission may not appoint as
a lawyer member to the Peer Review Committee a person who:
(1) is not admitted by the Court of Appeals to practice law in Maryland;
(2) has not actively and lawfully engaged in the practice of law in Maryland for at least five
years;
(3) is a judge of a court of record;
(4) is the subject of a pending statement of charges or petition for disciplinary or remedial
action; or
(5) was ever disbarred or suspended by the Court of Appeals or by a disciplinary body or court
of the United States or any State.
(d) Persons ineligible for appointment as a non-lawyer member. The Commission may not
appoint as a non-lawyer member to the Peer Review Committee a person who:
(1) has been convicted of a serious crime and the conviction has not been reversed or vacated; or
(2) is the complainant in a pending matter against an attorney under the Rules in this Chapter.
(e) Procedure for appointment. Before appointing members of the Peer Review Committee, the
Commission shall notify bar associations and the general public in the appropriate circuit and
consider any applications and recommendations that are timely submitted. The Commission shall
prepare a brief notice informing attorneys how they may apply to serve on the Peer Review
Committee and deliver the notice to the Trustees of the Client Protection Fund of the Bar of
Maryland, who at least once a year shall send a copy of the notice to each attorney who is
required to pay an annual fee to the Fund.
(f) Term. The term of each member is two years. The Commission may extend the term of any
member assigned to a Peer Review Panel until the completion of a pending matter. A member
may be reappointed.
(g) Chair and Vice Chair. The Commission shall designate one attorney member of the Peer
Review Committee as Chair and one or more attorney members as Vice Chairs. In the absence or
disability of the Chair or upon express delegation of authority by the Chair, the Vice Chair shall
have the authority and perform the duties of the Chair.
(h) Compensation. A member of the Peer Review Committee may not receive compensation for
serving in that capacity but is entitled to reimbursement for expenses reasonably incurred in the
performance of official duties in accordance with standard State travel regulations.
(i) Removal. The Commission may remove a member of the Peer Review Committee for cause.
HISTORY: (Added Nov. 30, 2000, effective July 1, 2001; amended effective Nov. 6, 2002.)
MARYLAND RULES
Md. Rule 16-714 (2012)
Rule 16-714. Disciplinary Fund
(a) Payment by attorneys. There is a Disciplinary Fund to which, as a condition precedent to

the practice of law, each attorney shall pay annually an amount prescribed by the Court of
Appeals. The amount shall be in addition to and paid by the same date as other sums required to
be paid pursuant to Rule 16-811. The Disciplinary Fund is created and administered pursuant to
the Constitutional authority of the Court of Appeals to regulate the practice of law in the State of
Maryland and to implement and enforce the Maryland Lawyers' Rules of Professional Conduct
adopted by the Court. The Fund consists of contributions made by lawyers as a condition of their
right to practice law in Maryland and income from those contributions. The principal and income
of the Fund shall be dedicated exclusively to the purposes established by the Rules in this Title.
(b) Collection and disbursement of Disciplinary Fund. The treasurer of the Client Protection
Fund of the Bar of Maryland shall collect and remit to the Commission the sums paid by
attorneys to the Disciplinary Fund.
(c) Audit. There shall be an independent annual audit of the Disciplinary Fund. The expense of
the audit shall be paid out of the Fund.
(d) Enforcement. Enforcement of payment of annual assessments of attorneys pursuant to this

Rule is governed by the provisions of Rule 16-811 (g).
HISTORY: (Added Nov. 30, 2000, effective July 1, 2001; amended effective Nov. 6, 2002;
MARYLAND RULES
Md. Rule 16-715 (2012)
Rule 16-715. Costs
MARYLAND RULES
Md. Rule 16-721 (2012)
Rule 16-721. Sanctions and remedies for misconduct or incapacity
(a) Professional misconduct. One or more of the following sanctions or remedies may be
imposed upon an attorney for professional misconduct:
(1) disbarment by the Court of Appeals;
(2) suspension by the Court of Appeals;
(3) reprimand by the Court of Appeals or, with the attorney's consent, by the Commission;
(4) conditional diversion in accordance with a Conditional Diversion Agreement entered into
pursuant to Rule 16-736; and
(5) termination of a disciplinary or remedial proceeding accompanied by a warning pursuant to
Rule 16-735 (b).
(b) Incapacity. One of the following remedies may be imposed upon an attorney for incapacity:
(1) placement on inactive status, subject to further order of the Court, or
(2) conditional diversion in accordance with a Conditional Diversion Agreement entered

(c) Conditions. An order, decision, or agreement that imposes a disciplinary sanction upon an
attorney or places an attorney on inactive status may include one or more specified conditions, as
authorized by Rules 16-736, 16-760, and 16-781.
MARYLAND RULES
Md. Rule 16-722 (2012)
Rule 16-722. Audit of attorney accounts and records
(a) Action for audit. Bar Counsel or the Trustees of the Client Protection Fund of the Bar of
Maryland may file a petition requesting an audit of the accounts and records that an attorney is
required by law or Rule to maintain. The petition may be filed in the circuit court in any county
where the attorney resides or has an office for the practice of law. If the attorney has no
established office and the attorney's residence is unknown, the petition may be filed in any
circuit court.
(b) Petition. The petition shall state the facts showing that an audit is necessary and shall request
the appointment of a Certified Public Accountant to conduct the audit. Proceedings under this
Rule shall be sealed and stamped "confidential" at the time of filing, and the docket entries shall
not divulge the name or otherwise identify the attorney against whom the petition is filed.
(c) Caption. The petition and all subsequent pleadings and papers filed in the action shall contain
a caption, "In re: Application for Audit of an Attorney's Accounts and Records."
(d) Show cause order; service. The court shall enter an order giving the attorney notice of the
action and directing the attorney to show cause on or before a stated date why an audit should not
be conducted as requested. The order and the petition shall be served in the manner that the court
directs so as to preserve the confidentiality of the action.
(e) Response to petition. The attorney may file a response to the petition and show cause order
not later than the date stated in the order or, if no date is stated, within five days after being
served.
(f) Order directing audit. After considering the petition and any response and upon a finding of
good cause, the court may order any of the accounts and records required by law or Rule to be
maintained by the attorney to be audited by a Certified Public Accountant designated in the
order. The order directing the audit shall expressly require that the audit be conducted and a
report be made in a manner that preserves the confidentiality of the proceedings and the
attorney's confidential relation with the attorney's clients.
(g) Finality of order. An order granting or denying a petition for an audit is a final order for
purposes of appeal.
(h) Duty of clerk to preserve confidentiality. The clerk shall maintain a separate docket with an
index for proceedings under this Rule. Pleadings and other papers filed in the proceedings shall
be sealed in accordance with Rule 16-723 (b) (9) at the time they are filed. The docket, index,
and papers in the proceedings shall not be open to inspection by any person, including the
parties, except upon order of court after reasonable notice and for good cause shown.
(i) Cost of audit. Upon completion of the audit, the court may order all or part of the costs of the
audit and of the proceeding to be paid by any party to the proceeding, but costs shall not be
assessed against the attorney if the audit fails to disclose any irregularity.
(j) Remedy not exclusive. Neither this Rule nor any proceeding under this Rule precludes any
other remedy or cause of action while the audit is pending or thereafter.
HISTORY: (Added Nov. 30, 2000, effective July 1, 2001; amended Oct. 31, 2002, effective Jan.
1, 2003; amended effective Nov. 6, 2002.)
MARYLAND RULES
Md. Rule 16-723 (2012)
Rule 16-723. Confidentiality
(a) Confidentiality of peer review meetings. All persons present at a peer review meeting shall
maintain the confidentiality of all speech, writing, and conduct made as part of the meeting and
may not disclose or be compelled to disclose the speech, writing, or conduct in any judicial,
administrative, or other proceeding. Speech, writing, or conduct that is confidential under this
Rule is privileged and not subject to discovery, but information otherwise admissible or subject
to discovery does not become inadmissible or protected from disclosure solely by reason of its
use at the peer review meeting.
(b) Other confidential matters. Except as otherwise provided in these Rules, the following
records and proceedings are confidential and not open to public inspection and their contents
may not be revealed by the Commission, the staff of the Commission, Bar Counsel, the staff and
investigators of the Office of Bar Counsel, members of the Peer Review Committee, or any
attorney involved in the proceeding:
(1) the records of an investigation by Bar Counsel, including the existence and content of any
complaint;
(2) the records and proceedings of a Peer Review Panel;
(3) information that is the subject of a protective order;
(4) the contents of a warning issued by the Commission pursuant to Rule 16-735 (b), but the fact
that a warning was issued shall be disclosed to the complainant;
(5) the contents of a prior private reprimand or Bar Counsel reprimand pursuant to the Attorney
Disciplinary Rules in effect prior to July 1, 2001, but the fact that a private or Bar Counsel
reprimand was issued and the facts underlying the reprimand may be disclosed to a peer review
panel in a proceeding against the attorney alleging similar misconduct;
Committee note. -- The peer review panel is not required to find that information disclosed under
subsection (b)(5) is relevant under Rule 16-743 (c)(1).
(6) the contents of a Conditional Diversion Agreement entered into pursuant to Rule 16-736, but
the fact that an attorney has signed such an agreement shall be public;
(7) the records and proceedings of the Commission on matters that are confidential under this
Rule;
(8) a Petition for Disciplinary or Remedial Action based solely on the alleged incapacity of an
attorney and records and proceedings other than proceedings in the Court of Appeals on that
petition; and
(9) a petition for an audit of an attorney's accounts filed pursuant to Rule 16-722 and records
and proceedings other than proceedings in the Court of Appeals on that petition.
(c) Public proceedings and records. The following records and proceedings are public and open
to inspection:
(1) except as otherwise provided in subsection (b)(8) of this Rule, a Petition for Disciplinary or
Remedial Action, all proceedings on that petition, and all documents or other items admitted into
evidence at any hearing on the petition;
(2) an affidavit filed pursuant to Rule 16-772 that consents to discipline and an order that
disbars, suspends, or reprimands the attorney by consent;
(3) a reprimand issued by the Commission pursuant to Rule 16-737; and

(4) except as otherwise provided by order of the Court of Appeals, all proceedings under this
Chapter in the Court of Appeals.
(d) Required disclosure by Bar Counsel.
(1) Reprimand by Commission. If an attorney is reprimanded by the Commission, Bar Counsel

shall notify the Clerk of the Court of Appeals.
(2) Conviction of a serious crime. If Bar Counsel has received and verified information that an
attorney has been convicted of a serious crime, Bar Counsel shall notify the Commission and the
Clerk of the Court of Appeals.
(e) Required disclosure by the Clerk of the Court of Appeals. If an attorney resigns or is
reprimanded, convicted of a serious crime, or, by order of the Court of Appeals, disbarred,
suspended, reinstated, or transferred to inactive status, the Clerk of the Court of Appeals of
Maryland shall notify the National Lawyer Regulatory Data Bank of the American Bar
Association and the disciplinary authority of every other jurisdiction in which the attorney is
admitted to practice.
(f) Permitted disclosure.
(1) Written waiver of attorney. If the attorney has signed a written waiver of confidentiality, the
Commission or Bar Counsel may disclose information to the extent permitted by the waiver.
(2) In preparation for a hearing. The parties to a disciplinary or remedial action may use
confidential information other than the records and proceedings of a Peer Review Panel to the
extent reasonably necessary to prepare for a public hearing in the action but shall preserve the
confidentiality of the information in all other respects.
(3) Communications with complainant. Upon request of a complainant, Bar Counsel may
disclose to the complainant the status of an investigation and of any disciplinary or remedial
proceedings resulting from information from the complainant.
(4) Requests by authorities. Upon receiving a request that complies with this subsection, the
Commission or Bar Counsel may disclose the pendency, subject matter, status, and disposition of
disciplinary or remedial proceedings involving an attorney or former attorney that did not result
in dismissal. The request must be made in writing by a judicial nominating commission, a bar
admission authority, the President of the United States, the Governor of a state, territory, or
district of the United States, or a committee of the General Assembly of Maryland or of the
United States Congress. The requesting entity must represent that it is considering the
nomination, appointment, confirmation, approval, or admission to practice of the attorney, or
former attorney, and that the information will be treated as confidential and without the consent
of the attorney may not be copied or disclosed to anyone other than the requesting entity.
(5) Explanatory statements. The Chair of the Commission may issue a brief explanatory
statement necessary to correct any public misperception about actual or possible proceedings.
(6) Subpoena or court order. If satisfied that an attorney has received prior notice and an
opportunity to object or move for a protective order, Bar Counsel may comply with a subpoena
or order of a court of this State or the United States to produce records and disclose confidential
information concerning the attorney.
(7) Information involving criminal activity. With the approval of the Chair of the Commission,
Bar Counsel may provide to law enforcement and prosecuting officials information involving
criminal activity, including information requested by a subpoena from a grand jury pursuant to
Rule 4-643.
(8) Other disciplinary authorities. With the approval of the Chair of the Commission, Bar
Counsel may provide to the disciplinary authority of any other jurisdiction in which an attorney
is admitted to practice records and other confidential information concerning the attorney.
(9) Summarized information. In order to improve the administration of justice, the Commission
and Bar Counsel may publish reports and summaries of confidential investigations, charges, and
disciplinary or remedial proceedings, provided that the identity of attorneys, complainants, and
witnesses is not revealed.
HISTORY: (Added Nov. 30, 2000, effective July 1, 2001; amended by order effective Dec. 3,
2001; Oct. 31, 2002, effective Jan. 1, 2003; Nov. 12, 2003, effective July 1, 2004; April 5, 2005,
effective July 1, 2005; June 16, 2009, effective June 17, 2009.)
MARYLAND RULES
Md. Rule 16-724 (2012)
Rule 16-724. Service of papers on attorney
(a) Statement of Charges. A copy of a Statement of Charges filed pursuant to Rule 16-741 shall
be served on an attorney in the manner prescribed by Rule 2-121. If after reasonable efforts the
attorney cannot be served personally, service may be made upon the employee designated by the
Client Protection Fund of the Bar of Maryland pursuant to Rule 16-811 c 1 (x), who shall be
deemed the attorney's agent for receipt of service. The Fund's employee shall send, by both
certified mail and ordinary mail, a copy of the papers so served to the attorney at the address
maintained in the Fund's records and to any other address provided by Bar Counsel.
(b) Service of other papers. Except as otherwise provided in this Chapter, other notices and
papers may be served on an attorney in the manner provided by Rule 1-321 for service of papers
after an original pleading.
Committee note. -- The attorney's address contained in the records of the Client Protection Fund
of the Bar of Maryland may be the attorney's last known address.
HISTORY: (Added Nov. 30, 2000, effective July 1, 2001; amended effective November 6,
2002.)
MARYLAND RULES
Md. Rule 16-731 (2012)
Rule 16-731. Complaint; investigation by Bar Counsel
(a) Complaints. A complaint alleging that an attorney has engaged in professional misconduct
or is incapacitated shall be in writing and sent to Bar Counsel. Any written communication that
includes the name and address of the person making the communication and states facts which, if
true, would constitute professional misconduct by or demonstrate incapacity of an attorney
constitutes a complaint. Bar Counsel also may initiate a complaint based on information from
other sources.
(b) Review of complaint.
(1) Bar Counsel shall make an appropriate investigation of every complaint that is not facially
frivolous or unfounded.
(2) If Bar Counsel concludes that the complaint is either frivolous or unfounded or does not
allege facts which, if true, would demonstrate either professional misconduct or incapacity, Bar
Counsel shall dismiss the complaint and notify the complainant of the dismissal. Otherwise, Bar
Counsel shall (A) open a file on the complaint, (B) acknowledge receipt of the complaint and
explain in writing to the complainant the procedures for investigating and processing the
complaint, (C) comply with the notice requirement of section (c) of this Rule, and (D) conduct an
investigation to determine whether reasonable grounds exist to believe the allegations of the
complaint.
Committee note. -- Before determining whether a complaint is frivolous or unfounded, Bar

Counsel may contact the attorney and obtain an informal response to the allegations.
(c) Notice to attorney.
(1) Except as otherwise provided in this section, Bar Counsel shall notify the attorney who is the
subject of the complaint that Bar Counsel is undertaking an investigation to determine whether
the attorney has engaged in professional misconduct or is incapacitated. The notice shall be
given before the conclusion of the investigation and shall include the name and address of the
complainant and the general nature of the professional misconduct or incapacity under
investigation. As part of the notice, Bar Counsel may demand that the attorney provide
information and records that Bar Counsel deems appropriate and relevant to the investigation.
The notice shall state the time within which the attorney shall provide the information and any
other information that the attorney may wish to present. The notice shall be served on the
attorney in accordance with Rule 16-724 (b).
(2) Bar Counsel need not give notice of investigation to an attorney if, with the approval of the
Commission, Bar Counsel proceeds under Rule 16-771, 16-773, or 16-774.
(d) Time for completing investigation. Unless the time is extended by the Commission for good
cause, Bar Counsel shall complete an investigation within 90 days after opening the file on the
complaint. Upon written request by Bar Counsel establishing good cause for an extension for a
specified period, the Commission may grant one or more extensions. The Commission may not
grant an extension, at any one time, of more than 60 days unless it finds specific good cause for a
longer extension. If an extension exceeding 60 days is granted, Bar Counsel shall provide the
Commission with a status report at least every 60 days. For failure to comply with the time
requirements of this section, the Commission may take any action appropriate under the
circumstances, including dismissal of the complaint and termination of the investigation.

MARYLAND RULES
Md. Rule 16-732 (2012)
Rule 16-732. Investigative subpoena
(a) Approval and issuance.
(1) The Chair of the Commission may authorize Bar Counsel to issue a subpoena to compel the
attendance of witnesses and the production of designated documents or other tangible things at a
time and place specified in the subpoena if the Chair finds that (A) the subpoena is necessary to
and in furtherance of an investigation being conducted by Bar Counsel pursuant to Rule 16-731
or (B) the subpoena has been requested by a disciplinary authority of another jurisdiction
pursuant to the law of that jurisdiction for use in a disciplinary or remedial proceeding in that
jurisdiction to determine alleged professional misconduct or incapacity of a lawyer subject to the
jurisdiction of that disciplinary authority.
(2) Upon approval, Bar Counsel may issue the subpoena.
(b) Contents. A subpoena shall comply with the requirements of Rule 2-510 (c), except that to
the extent practicable, a subpoena shall not identify the attorney under investigation. A subpoena
to compel attendance of a witness shall include or be accompanied by a notice that the witness
(1) has the right to consult with an attorney with respect to the assertion of a privilege or any
other matter pertaining to the subpoena and (2) may file a motion for judicial relief under Rule 2-
510.
(c) Service. Except for service upon an attorney in accordance with Rule 16-724 (b), a subpoena
shall be served in accordance with Rule 2-510. Promptly after service of a subpoena on a person
other than the attorney under investigation and in addition to giving any other notice required by
law, Bar Counsel shall serve a copy of the subpoena on the attorney under investigation.
Cross references. -- For examples of other notice required by law, see Code, Financial
Institutions Article, 1-304, concerning notice to depositors of subpoenas for financial records;
Code, Health General Article, 4-306 concerning disclosure of medical records, and Code,
Health General Article, 4-307, concerning notice of a request for issuance of compulsory
process seeking medical records related to mental health services.
(d) Objection. The person served with the subpoena or the attorney under investigation may file a
motion in the circuit court for the county in which the subpoena was served for any order
permitted by Rule 2-510 (e). The motion shall be filed promptly and, whenever practicable, at or
before the time specified in the subpoena for compliance.
(e) Enforcement. On the motion of Bar Counsel, the court may enforce compliance with the
subpoena.
(f) Confidentiality. Any paper filed in court with respect to a subpoena shall be sealed upon
filing and shall be open to inspection only by order of the court. A hearing before the court on
any motion shall be on the record and shall be conducted out of the presence of all persons other
than Bar Counsel, the attorney, and those persons whose presence the court deems necessary.
(g) Recording of statements. Everything said by the witness at the time and place specified in the
subpoena shall be contemporaneously recorded stenographically or electronically, and the
witness shall be placed under oath.
MARYLAND RULES
Md. Rule 16-733 (2012)
Rule 16-733. Perpetuation of evidence before petition for disciplinary or remedial action
Before a Petition for Disciplinary or Remedial Action is filed, Bar Counsel or an attorney who
is or may be the subject of an investigation by Bar Counsel may perpetuate testimony or other
evidence relevant to a claim or defense that may be asserted in the expected action. The
perpetuation of evidence shall be governed by Rule 2-404 and the issuance of subpoenas and
protective orders shall be governed by Rules 2-510 and 2-403. The Commission shall perform
the functions that the court performs under those Rules.

MARYLAND RULES
Md. Rule 16-734 (2012)
Rule 16-734. Procedure upon completion of investigation
Upon completion of an investigation, Bar Counsel shall take one of the following actions:
(a) recommend to the Commission dismissal of the complaint or termination of the proceeding
without discipline, with or without a warning, in accordance with Rule 16-735;
(b) recommend to the Commission approval of a Conditional Diversion Agreement signed by

Bar Counsel and the attorney in accordance with Rule 16-736;
(c) recommend to the Commission a reprimand in accordance with Rule 16-737;
(d) file with the Commission a Statement of Charges with an election for peer review in
accordance with Rule 16-741; or
(e) recommend to the Commission the immediate filing of a Petition for Disciplinary or
Remedial Action, with or without collateral remedial proceedings, in accordance with Rules 16-
771, 16-773, or 16-774.
MARYLAND RULES
Md. Rule 16-735 (2012)
Rule 16-735. Dismissal or other termination of complaint
(a) Dismissal or termination.
(1) Upon completion of an investigation, Bar Counsel or, after a Peer Review Panel meeting, the
Peer Review Panel, may recommend to the Commission that:
(A) the complaint be dismissed because Bar Counsel or the Panel has concluded that the
evidence fails to show that the attorney has engaged in professional misconduct or is
incapacitated; or
(B) the disciplinary or remedial proceeding be terminated, with or without a warning because
Bar Counsel or the Panel has concluded that any professional misconduct on the part of the
attorney (i) was not sufficiently serious to warrant discipline and (ii) is not likely to be repeated.
(2) If satisfied with the recommendation of Bar Counsel or the Panel, the Commission shall
dismiss the complaint or otherwise terminate the disciplinary or remedial proceeding, as
appropriate. If Bar Counsel or the Panel has recommended a warning, the matter shall proceed as
provided in section (b) of this Rule.
(b) Termination accompanied by warning.
(1) If Bar Counsel or the Panel concludes that the attorney may have engaged in some
professional misconduct, that the conduct was not sufficiently serious to warrant discipline, but
that a specific warning to the attorney would be helpful to ensure that the conduct is not repeated,
Bar Counsel or the Panel may recommend that the termination be accompanied by a warning
against repetition. If satisfied with the recommendation, the Commission shall proceed in
accordance with subsection (b) (2) of this Rule and, if the warning is not rejected, accompany the
termination of the disciplinary or remedial proceeding with a warning. A warning does not
constitute discipline, but the complainant shall be notified that termination of the proceeding was
accompanied by a warning against repetition of the conduct.
(2) At least 30 days before a warning is issued, the Commission shall mail to the attorney a
notice that states the date on which it intends to issue the warning and the content of the warning.
No later than five days before the intended date of issuance of the warning, the attorney may
reject the warning by filing a written rejection with the Commission. If the warning is not
rejected, the Commission shall issue it on or after the date stated in the initial notice to the
attorney. If the warning is rejected, it shall not be issued, and Bar Counsel or the Commission
may take any other action permitted under this Chapter. Neither the fact that a warning was
proposed or rejected nor the contents of a warning that was not issued may be admitted into
evidence.
(c) Effect of dismissal or termination.
(1) Except as provided in subsection (c) (2) of this Rule, a dismissal or a termination under this
Rule, with or without a warning, shall not be disclosed by the Commission or Bar Counsel in
response to any request for information as to whether an attorney has been the subject of a
disciplinary or remedial proceeding. The nature and existence of a proceeding terminated under
this Rule, including any investigation by Bar Counsel that led to the proceeding, need not be
disclosed by an attorney in response to a request for information as to whether the attorney has
been the subject of a disciplinary or remedial proceeding.
(2) The fact that a warning was issued in conjunction with the termination of a complaint shall
be disclosed to the complainant, and the fact that a warning was issued and the facts underlying
the warning may be disclosed in a subsequent proceeding against the attorney when relevant to a
complaint alleging similar misconduct.
1, 2003; Dec. 4, 2007, effective Jan. 1, 2008.)
MARYLAND RULES
Md. Rule 16-736 (2012)
Rule 16-736. Conditional diversion agreement
(a) When appropriate. Upon completing an investigation, Bar Counsel may agree to a
Conditional Diversion Agreement if Bar Counsel concludes that:
(1) the attorney committed professional misconduct or is incapacitated;
(2) the professional misconduct or incapacity was not the result of any wilful or dishonest
conduct and did not involve conduct that could be the basis for an immediate Petition for
Disciplinary or Remedial Action pursuant to Rules 16-771, 16-773, or 16-774;
(3) the cause or basis of the professional misconduct or incapacity is subject to remediation or
resolution through alternative programs or mechanisms, including (A) medical, psychological, or
other professional treatment, counseling, or assistance, (B) appropriate educational courses or
programs, (C) mentoring or monitoring services, or (D) dispute resolution programs; and
(4) the public interest and the welfare of the attorney's clients and prospective clients will not be
harmed if, instead of the matter proceeding immediately with a disciplinary or remedial
proceeding, the attorney agrees to and complies with specific measures that, if pursued, will
remedy the immediate problem and likely prevent any recurrence of it.
Committee note. -- Examples of conduct that may be susceptible to conditional diversion include
conduct arising from (A) unfamiliarity with proper methods of law office management, record-
keeping, or accounting, (B) unfamiliarity with particular areas of law or legal procedure, (C)
negligent management of attorney trust accounts or other financial matters, (D) negligent failure
to maintain proper communication with clients, (E) negligent failure to provide proper
supervision of employees, or (F) emotional stress or crisis or abuse of alcohol or other drugs.
(b) Voluntary nature of Agreement; effect of rejection or disapproval. Neither Bar Counsel nor
an attorney is required to propose or enter into a Conditional Diversion Agreement. The
Agreement shall state that the attorney voluntarily consents to its terms and promises to pay all
expenses reasonably incurred in connection with its performance and enforcement. If a
Conditional Diversion Agreement is proposed and rejected or if a signed Agreement is not
approved by the Commission, Bar Counsel may take any other action permitted under this
Chapter. Neither the fact that an Agreement was proposed, rejected, or not approved nor the
contents of the Agreement may be admitted into evidence.
(c) Terms of Conditional Diversion Agreement.
(1) A Conditional Diversion Agreement shall be in writing and signed by Bar Counsel, the
attorney, and any monitor designated in the Agreement.
(2) The Agreement shall recite the basis for it, as set forth in section (a) of this Rule. By signing
the Agreement, the attorney (A) acknowledges that the attorney has engaged in conduct that
constitutes professional misconduct or is currently incapacitated, and (B) warrants that the
attorney has not concealed from or misrepresented to Bar Counsel any material facts pertaining
to the attorney's conduct or the Agreement.
(3) The Agreement shall state the particular course of remedial action that the attorney agrees to
follow and a time for the performance or completion of that action. The Agreement is expressly
conditioned on the attorney's not engaging in any further conduct that would constitute
professional misconduct and may provide for any program or corrective action appropriate under
the circumstances, including:
(A) mediation or binding arbitration of a fee dispute;
(B) restitution of unearned or excessive fees in a stipulated amount;
(C) public apology to designated individuals;
(D) law office management assistance, including temporary or continuing monitoring,

mentoring, accounting, bookkeeping, financial, or other professional assistance, and completion
of specific educational programs dealing with law office management;
(E) completion of specific legal education courses or curricula, including courses in legal ethics
and professional responsibility;
(F) agreement not to practice in specific areas of the law (i) unless the attorney associates
himself or herself with one or more other attorneys who are proficient in those areas, or (ii) until
the attorney has successfully completed a designated course of study to improve the attorney's
proficiency in those areas;
(G) specific course of treatment for emotional distress, mental disorder or disability, or
dependence on alcohol or other drugs; and
(H) stipulated number of hours of pro bono legal services.
(4) The Agreement shall provide for a stay of any disciplinary or remedial proceeding pending
satisfactory performance by the attorney. The Agreement may designate either a private monitor
engaged at the attorney's expense or Bar Counsel to supervise performance and compliance. The
Agreement shall authorize the monitor to request and receive all information and inspect any
records necessary to verify compliance and, if a private monitor is selected, to report any
violation or noncompliance to Bar Counsel. The Agreement shall specify the fees of any private
monitor and the method and frequency of payment of those fees.
(d) Approval by Commission. A Conditional Diversion Agreement is not valid until approved by
the Commission. Upon signing the Agreement, Bar Counsel and the attorney shall submit to the
Commission the Agreement, any explanatory material that they believe relevant, and any further
information that the Commission requests. The Commission may:
(1) approve the Agreement if satisfied that it is reasonable and in the public interest;
(2) disapprove the Agreement if not convinced that it is reasonable and in the public interest; or
(3) recommend amendments to the Agreement as a condition of approval, which the parties may
accept or reject. If Bar Counsel and the attorney accept the amendments, they shall notify the
Commission of the acceptance, and the Commission shall then approve the Agreement. If either
party rejects a proposed amendment, the Agreement shall be deemed disapproved.
(e) Amendment of Agreement. A Conditional Diversion Agreement may be amended from time
to time in a writing signed by Bar Counsel and the attorney and approved by the Commission.
(f) Revocation of Agreement.
(1) Bar Counsel may declare a proposed default on a Conditional Diversion Agreement if Bar
Counsel determines that the attorney (A) engaged in further professional misconduct while
subject to the agreement, (B) wilfully misrepresented or concealed material facts during the
negotiation of the Agreement that induced Bar Counsel to recommend approval of the
Agreement, or (C) has failed in a material way to comply with the Agreement. Bar Counsel shall
give written notice to the attorney of the proposed default and afford the attorney a reasonable
opportunity to refute the determination.
(2) If the attorney fails to refute the charge or to offer an explanation or proposed remedy
satisfactory to Bar Counsel, Bar Counsel shall file a petition with the Commission to revoke the
Agreement and serve a copy of the petition on the attorney. The attorney may file a written
response with the Commission within 15 days after service of the petition. The Commission may
act upon the petition and response or may request the parties to supply additional information, in
writing or in person.
(3) If the Commission concludes that the attorney is in material default of the Agreement, it
shall revoke the Agreement, revoke the stay of the disciplinary or remedial proceeding, and
direct Bar Counsel to proceed in accordance with Rule 16-751, or as otherwise authorized by the
Rules in this Chapter.
(g) Satisfaction of Agreement. If Bar Counsel determines that the attorney has complied in full
with the requirements of the Agreement and that the disciplinary or remedial proceeding should
be terminated, Bar Counsel shall inform the Commission and request that the disciplinary or
remedial proceeding be terminated. If satisfied with Bar Counsel's recommendation, the
Commission shall terminate the disciplinary or remedial proceeding.
(h) Effect of Agreement.
(1) Approval by the Commission of a Conditional Diversion Agreement does not constitute
discipline.
(2) Except as provided in subsections (h) (4) and (h) (5) of this Rule, the contents of the
Agreement are confidential and may not be disclosed.
(3) Upon approval of an Agreement by the Commission, Bar Counsel shall inform the
complainant that such an Agreement has been entered into and approved, that the disciplinary or
remedial proceeding has been stayed in favor of the Agreement, and that, if the attorney
complies with the Agreement, the proceeding will be terminated. The complainant shall also be
notified of the potential for and consequences of noncompliance. Except to the extent that the
Agreement requires the transfer of property to the complainant or other communication with the
complainant, the terms of the Agreement shall not be disclosed.
(4) Upon revocation of an Agreement pursuant to section (f) of this Rule, the contents of the
Agreement lose their confidentiality and may be disclosed in any ensuing disciplinary or
remedial proceeding.
(5) The contents of an Agreement may be disclosed in a subsequent proceeding against the
attorney when relevant to a subsequent complaint based on similar misconduct.

MARYLAND RULES
Md. Rule 16-737 (2012)
Rule 16-737. Reprimand by Commission
(a) Offer. If Bar Counsel determines after completion of an investigation, or the Peer Review
Panel determines after a Panel meeting, that an attorney has engaged in professional misconduct
and that the appropriate sanction for the misconduct is a reprimand, Bar Counsel or the Panel
shall serve on the attorney a written offer of a reprimand and a waiver of further disciplinary or
remedial proceedings that is contingent upon acceptance of the reprimand by the attorney and
approval of the reprimand by the Commission. The offer shall include the text of the proposed
reprimand, the date when the offer will expire, a contingent waiver of further disciplinary or
remedial proceedings, and advice that the offer, if accepted, is subject to approval by the
Commission. The text of the proposed reprimand shall summarize the misconduct for which the
reprimand is to be imposed and include a reference to any rule, statute, or other law allegedly
violated by the attorney.
(b) Response. The attorney may accept the offer by signing the stipulation, endorsing the
proposed reprimand, and delivering both documents to Bar Counsel or the Panel within the time
stated in the notice or otherwise agreed to by Bar Counsel or the Panel. The attorney may (1)
reject the offer expressly or by declining to return the documents timely, or (2) propose
amendments to the proposed reprimand, which Bar Counsel or the Panel may accept, reject, or
negotiate.
(c) Action by Commission. If the attorney agrees to a reprimand, Bar Counsel or the Panel shall
submit the proposed reprimand to the Commission for approval. Bar Counsel or the attorney may
submit also any explanatory material that either believes relevant and shall submit any further
material that the Commission requests. Upon the submission, the Commission may take any of
the following actions:
(1) the Commission may approve the reprimand, if satisfied that it is appropriate under the
circumstances, in which event Bar Counsel shall promptly administer the reprimand to the
attorney and terminate the disciplinary or remedial proceeding.
(2) the Commission may recommend amendments to the reprimand as a condition of approval,
which the parties may accept or reject. If the parties accept the amendments, they shall notify the
Commission of the acceptance, and the Commission shall then approve the reprimand. If either
party rejects a proposed amendment, the reprimand shall be deemed disapproved.
(3) the Commission may disapprove the reprimand, if not satisfied that it is appropriate under
the circumstances and direct Bar Counsel to proceed in another manner.
(d) Effect of rejection or disapproval. If a reprimand is proposed and rejected or if a reprimand to

which the parties have stipulated is not approved by the Commission, the proceeding shall
resume as if no reprimand had been proposed, and neither the fact that a reprimand was
proposed, rejected, or not approved nor the contents of the reprimand and any stipulation may be
admitted into evidence.
(e) Effect of reprimand. A reprimand constitutes discipline.
HISTORY: (Added Nov. 30, 2000, effective July 1, 2001; Dec. 4, 2007, effective Jan. 1, 2008.)
MARYLAND RULES
Md. Rule 16-741 (2012)
Rule 16-741. Statement of Charges
(a) Filing of Statement of Charges.
(1) Upon completion of an investigation, Bar Counsel shall file with the Commission a
Statement of Charges if Bar Counsel determines that:
(A) the attorney either engaged in conduct constituting professional misconduct or is

incapacitated;
(B) the professional misconduct or the incapacity does not warrant an immediate Petition for
Disciplinary or Remedial Action;
(C) a Conditional Diversion Agreement is either not appropriate under the circumstances or the
parties were unable to agree on one; and
(D) a reprimand is either not appropriate under the circumstances or (i) one was offered and
rejected by the attorney, or (ii) a proposed reprimand was disapproved by the Commission and
Bar Counsel was directed to file a Statement of Charges.
(2) Bar Counsel shall include with the Statement of Charges a fair summary of the evidence
developed through the investigation, including any response that the attorney sent to Bar Counsel
regarding the matter.
(b) Service of Statement of Charges; Peer Review. Bar Counsel shall serve on the attorney and
send to the Chair of the Peer Review Committee a copy of the Statement of Charges, together
with the supporting documentation filed pursuant to subsection (a) (2) of this Rule. The matter
shall then proceed in accordance with Rules 16-742 and 16-743.
MARYLAND RULES
Md. Rule 16-742 (2012)
Rule 16-742. Peer Review Panel
(a) Appointment. Within 30 days after receiving a copy of a Statement of Charges filed with
the Commission, the Chair of the Peer Review Committee shall (1) appoint a Peer Review Panel,
(2) notify the Commission, Bar Counsel, and the attorney of the appointment of the Panel and the
names and addresses of its members, (3) send to the members of the Panel a copy of the
Statement of Charges and the supporting material filed by Bar Counsel with the Commission,
and (4) in accordance with Rule 16-743 (b), schedule a meeting of the Peer Review Panel.
(b) Composition of Panel. The Peer Review Panel shall consist of at least three members of the
Peer Review Committee. A majority of the members of the Panel shall be attorneys, but at least
one member shall not be an attorney. If practicable, the Chair shall appoint to the Panel members
from the circuit in which the attorney who is the subject of the charges has an office for the
practice of law or, if there is no such office, the circuit in which the last known address of the
attorney, as reflected on the records of the Client Protection Fund of the Bar of Maryland, is
located.
(c) Panel Chair. The Chair of the Peer Review Committee shall appoint an attorney member of
the Panel as the Panel Chair.
(d) Removal and recusal of members. The Chair of the Peer Review Committee may remove a
member of the Peer Review Panel for cause. A member of a Peer Review Panel shall not
participate in any proceeding in which the member's impartiality might reasonably be
questioned. A member who is required to recuse or who cannot attend the Peer Review meeting
shall immediately notify the Chair of the Peer Review Committee, who shall promptly appoint
another member.
(e) Quorum. The presence of any three members of the Peer Review Panel constitutes a quorum,
whether or not a non-attorney member is present. With the consent of the Panel members who
are present, Bar Counsel and the attorney may waive the quorum requirement. The concurrence
of a majority of the members present is necessary to a recommendation to the Commission.
MARYLAND RULES
Md. Rule 16-743 (2012)
Rule 16-743. Peer review process
(a) Purpose of peer review process. The purpose of the peer review process is for the Peer
Review Panel to consider the Statement of Charges and all relevant information offered by Bar
Counsel and the attorney concerning it and to determine (1) whether the Statement of Charges
has a substantial basis and there is reason to believe that the attorney has committed professional
misconduct or is incapacitated, and, if so, (2) whether a Petition for Disciplinary or Remedial
Action should be filed or some other disposition is appropriate. The peer review process is not
intended to be an adversarial one and it is not the function of Peer Review Panels to hold
evidentiary hearings, adjudicate facts, or write full opinions or reports.
Committee note. -- If a Peer Review Panel concludes that the complaint has a substantial basis
indicating the need for some remedy, some behavioral or operational changes on the part of the
lawyer, or some discipline short of suspension or disbarment, part of the peer review process can
be an attempt through both evaluative and facilitative dialogue, (A) to effectuate directly or
suggest a mechanism for effecting an amicable resolution of the existing dispute between the
lawyer and the complainant, and (B) to encourage the lawyer to recognize any deficiencies on his
or her part that led to the problem and take appropriate remedial steps to address those
deficiencies. The goal, in this setting, is not to punish or stigmatize the lawyer or to create a fear
that any admission of deficiency will result in substantial harm, but rather to create an ambience
for a constructive solution. The objective views of two fellow lawyers and a lay person,
expressed in the form of advice and opinion rather than in the form of adjudication, may assist
the lawyer (and the complainant) to retreat from confrontational positions and look at the
problem more realistically.
(b) Scheduling of meeting; notice to attorney.
(1) The Chair of the Peer Review Committee, after consultation with the members of the Peer
Review Panel, Bar Counsel, and the attorney, shall schedule a meeting of the Panel.
(2) If, without substantial justification, the attorney does not agree to schedule a meeting within
the time provided in subsection (b) (5) of this Rule, the Chair may recommend to the
Commission that the peer review process be terminated. If the Commission terminates the peer
review process pursuant to this subsection, the Commission may take any action that could be
recommended by the Peer Review Panel under section (e) of this Rule.
(3) The Chair shall notify Bar Counsel, the attorney, and each complainant of the time, place,
and purpose of the meeting and invite their attendance.
(4) The notice to the attorney shall inform the attorney of the attorney's right to respond in
writing to the Statement of Charges by filing a written response with the Commission and
sending a copy of it to Bar Counsel and each member of the Peer Review Panel at least ten days
before the scheduled meeting.
(5) Unless the time is extended by the Commission, the meeting shall occur within 60 days after
appointment of the Panel.
(c) Meeting.
(1) The Peer Review Panel shall conduct the meeting in an informal manner. It shall allow Bar
Counsel, the attorney, and each complainant to explain their positions and offer such supporting
information as the Panel finds relevant. Upon request of Bar Counsel or the attorney, the Panel
may, but need not, hear from any other person. The Panel is not bound by any rules of evidence,
but shall respect lawful privileges. The Panel may exclude a complainant after listening to the
complainant's statement and, as a mediative technique, may consult separately with Bar Counsel
or the attorney. The Panel may meet in private to deliberate.
(2) If the Panel determines that the Statement of Charges has a substantial basis and that there is
reason to believe that the attorney has committed professional misconduct or is incapacitated, the
Panel may (A) conclude the meeting and make an appropriate recommendation to the
Commission or (B) inform the parties of its determination and allow the attorney an opportunity
to consider a reprimand or a Conditional Diversion Agreement.
(3) The Panel may schedule one or more further meetings, but, unless the time is extended by
the Commission, it shall make a recommendation to the Commission within 90 days after
appointment of the Panel. If a recommendation is not made within that time or any extension
granted by the Commission, the peer review process shall be terminated and the Commission
may take any action that could be recommended by the Peer Review Panel under section (e) of
this Rule.
(d) Ex parte communications. Except for administrative communications with the Chair of the
Peer Review Committee and as allowed under subsection (c) (1) as part of the peer review
meeting process, no member of the Panel shall participate in an ex parte communication
concerning the substance of the Statement of Charges with Bar Counsel, the attorney, the
complainant, or any other person.
(e) Recommendation of Peer Review Panel.
(1) Agreed Upon Recommendation. If Bar Counsel and the attorney agree upon a recommended
disposition, the Peer Review Panel shall transmit that recommendation to the Commission. If a
Peer Review Panel determines that the attorney committed professional misconduct, or is
incapacitated, and that the parties should enter into a Conditional Diversion Agreement, the
Panel shall orally advise the parties of that determination and afford them an opportunity to enter
into a Conditional Diversion Agreement in accordance with Rule 16-736. If agreement is
reached, the Conditional Diversion Agreement shall be the Panel's recommended disposition.
(2) If No Agreement. If there is no agreed-upon recommendation under subsection (e) (1) of this
Rule, the Panel shall transmit to the Commission an independent recommendation, not subject to
the approval of Bar Counsel, and shall accompany its recommendation with a brief explanatory
statement. The Panel's recommendation shall be one of the following:
(A) the filing of a Petition for Disciplinary or Remedial Action;
(B) a reprimand in accordance with Rule 16-737;
(C) dismissal of the complaint or termination of the proceeding without discipline, but with a
warning, in accordance with Rule 16-735; or
(D) dismissal of the complaint or termination of the proceeding without discipline and without a
warning, in accordance with Rule 16-735.
(f) Action by Commission. The Commission may (1) direct Bar Counsel to file a Petition for
Disciplinary or Remedial Action, (2) take any action on the Panel's recommendation that the
Commission may take on a similar recommendation made by Bar Counsel under Rule 16-734, or
(3) dismiss the Statement of Charges and terminate the proceeding.
1, 2003; Dec. 4, 2007, effective Jan. 1, 2008.)
MARYLAND RULES
Md. Rule 16-751 (2012)
Rule 16-751. Petition for disciplinary or remedial action
(a) Commencement of disciplinary or remedial action.
(1) Upon approval or direction of Commission. Upon approval or direction of the Commission,
Bar Counsel shall file a Petition for Disciplinary or Remedial Action in the Court of Appeals.
(2) Conviction of crime; reciprocal action. If authorized by Rule 16-771 (b) or 16-773 (b), Bar
Counsel may file a Petition for Disciplinary or Remedial Action in the Court of Appeals without
prior approval of the Commission. Bar Counsel promptly shall notify the Commission of the
filing. The Commission on review may direct the withdrawal of a petition that was filed pursuant
to this subsection.
Cross references. -- See Rule 16-723 (b) (8) concerning confidentiality of a petition to place an
incapacitated attorney on inactive status.
(b) Parties. The petition shall be filed in the name of the Commission, which shall be called the
petitioner. The attorney shall be called the respondent.
(c) Form of petition. The petition shall be sufficiently clear and specific to inform the respondent
of any professional misconduct charged and the basis of any allegation that the respondent is
incapacitated and should be placed on inactive status.
1, 2003; Nov. 12, 2003, effective Jan. 1, 2004; amended Sept. 10, 2009, effective Oct. 1, 2009.)
MARYLAND RULES
Md. Rule 16-752 (2012)
Rule 16-752. Order designating judge
(a) Order. Upon the filing of a Petition for Disciplinary or Remedial Action, the Court of
Appeals may enter an order designating a judge of any circuit court to hear the action and the
clerk responsible for maintaining the record. The order of designation shall require the judge,
after consultation with Bar Counsel and the attorney, to enter a scheduling order defining the
extent of discovery and setting dates for the completion of discovery, filing of motions, and
hearing.
(b) Service of petition and order. Upon entry of an order under section (a) of this Rule, the clerk
of the Court of Appeals shall send two copies to Bar Counsel. Bar Counsel shall serve a copy of
the order and a copy of the petition on the respondent. The copies shall be served in accordance
with Rule 16-753 or as otherwise ordered by the Court of Appeals.
(c) Motion to amend order. Within 15 days after the respondent has been served, either party
may file a motion in accordance with Rule 8-431 requesting that the Court of Appeals designate
another judge. The motion shall not stay the time for filing an answer to the petition.

MARYLAND RULES
Md. Rule 16-753 (2012)
Rule 16-753. Service of petition
A copy of a Petition for Disciplinary or Remedial Action filed pursuant to Rule 16-751, and
the order of the Court of Appeals designating a judge pursuant to Rule 16-752, shall be served on
an attorney in the manner prescribed by Rule 2-121 or in any other manner directed by the Court
of Appeals. If after reasonable efforts the attorney cannot be served personally, service may be
made upon the employee designated by the Client Protection Fund of the Bar of Maryland
pursuant to Rule 16-811 c 1 (x), who shall be deemed the attorney's agent for receipt of service.
The Fund's employee shall send, by both certified mail and ordinary mail, a copy of the papers so
served to the attorney at the address maintained in the Fund's records and to any other address
provided by Bar Counsel.
MARYLAND RULES
Md. Rule 16-754 (2012)
Rule 16-754. Answer
(a) Timing; contents. Within 15 days after being served with the petition, unless a different
time is ordered, the respondent shall file with the designated clerk an answer to the petition and
serve a copy on the petitioner. Sections (c) and (e) of Rule 2-323 apply to the answer. Defenses
and objections to the petition, including insufficiency of service, shall be stated in the answer and
not by preliminary motion.
(b) Procedural defects. It is not a defense or ground for objection to a petition that procedural
defects may have occurred during disciplinary or remedial proceedings prior to the filing of the
petition.
(c) Failure to answer. If the time for filing an answer has expired and the respondent has failed to
file an answer in accordance with section (a) of this Rule, the court shall treat the failure as a
default and the provisions of Rule 2-613 shall apply.

MARYLAND RULES
Md. Rule 16-755 (2012)
Rule 16-755. Amendments to pleadings

A party may amend a petition or an answer in accordance with the applicable provisions of
Rule 2-341.
MARYLAND RULES
Md. Rule 16-756 (2012)
Rule 16-756. Discovery
After a Petition for Disciplinary or Remedial Action has been filed, discovery is governed by
Title 2, Chapter 400, subject to any scheduling order entered pursuant to Rule 16-752 (a).

MARYLAND RULES
Md. Rule 16-757 (2012)
Rule 16-757. Judicial hearing
(a) Generally. The hearing of a disciplinary or remedial action is governed by the rules of
evidence and procedure applicable to a court trial in a civil action tried in a circuit court. Unless
extended by the Court of Appeals, the hearing shall be completed within 120 days after service
on the respondent of the order designating a judge. Before the conclusion of the hearing, the
judge may permit any complainant to testify, subject to cross-examination, regarding the effect
of the alleged misconduct. A respondent attorney may offer, or the judge may inquire regarding,
evidence otherwise admissible of any remedial action undertaken relevant to the allegations. Bar
Counsel may respond to any evidence of remedial action.
(b) Burdens of proof. The petitioner has the burden of proving the averments of the petition by
clear and convincing evidence. A respondent who asserts an affirmative defense or a matter of
mitigation or extenuation has the burden of proving the defense or matter by a preponderance of
the evidence.
(c) Findings and conclusions. The judge shall prepare and file or dictate into the record a
statement of the judge's findings of fact, including findings as to any evidence regarding
remedial action, and conclusions of law. If dictated into the record, the statement shall be
promptly transcribed. Unless the time is extended by the Court of Appeals, the written or
transcribed statement shall be filed with the clerk responsible for the record no later than 45 days
after the conclusion of the hearing. The clerk shall mail a copy of the statement to each party.
(d) Transcript. The petitioner shall cause a transcript of the hearing to be prepared and included
in the record.
(e) Transmittal of record. Unless a different time is ordered by the Court of Appeals, the clerk
shall transmit the record to the Court of Appeals within 15 days after the statement of findings
and conclusions is filed.
HISTORY: (Added Nov. 30, 2000, effective July 1, 2001; Nov. 1, 2001, effective Jan. 1, 2002.)
MARYLAND RULES
Md. Rule 16-758 (2012)
Rule 16-758. Post-hearing proceedings
(a) Notice of the filing of the record. Upon receiving the record, the Clerk of the Court of
Appeals shall notify the parties that the record has been filed.
(b) Exceptions; recommendations. Within 15 days after service of the notice required by section
(a) of this Rule, each party may file (1) exceptions to the findings and conclusions of the hearing
judge and (2) recommendations concerning the appropriate disposition under Rule 16-759 (c).
(c) Response. Within 15 days after service of exceptions or recommendations, the adverse party
may file a response.
(d) Form. The parties shall file eight copies of any exceptions, recommendations, and responses.
The copies shall conform to the requirements of Rule 8-112.
MARYLAND RULES
Md. Rule 16-759 (2012)
(a) Oral argument. The Court shall set a date for oral argument, unless oral argument is waived
by the parties. Oral argument shall be conducted in accordance with Rule 8-522.
(b) Review by Court of Appeals.

(1) Conclusions of law. The Court of Appeals shall review de novo the circuit court judge's
conclusions of law.
(2) Findings of fact.
(A) If no exceptions are filed. If no exceptions are filed, the Court may treat the findings of fact
as established for the purpose of determining appropriate sanctions, if any.
(B) If exceptions are filed. If exceptions are filed, the Court of Appeals shall determine whether
the findings of fact have been proven by the requisite standard of proof set out in Rule 16-757
(b). The Court may confine its review to the findings of fact challenged by the exceptions. The
Court shall give due regard to the opportunity of the hearing judge to assess the credibility of
witnesses.
(c) Disposition. The Court of Appeals may order (1) disbarment, (2) suspension, (3) reprimand,
(4) inactive status, (5) dismissal of the disciplinary or remedial action, or (6) a remand for further
proceedings.
(d) Decision. The decision of the Court of Appeals is final. The decision shall be evidenced by
an order which the clerk shall certify under the seal of the Court. The order may be accompanied
by an opinion.

MARYLAND RULES
Md. Rule 16-760 (2012)
Rule 16-760. Order imposing discipline or inactive status
(a) Effective date of order. Unless otherwise stated in the order, an order providing for the
disbarment, suspension, or reprimand of a respondent or the placement of a respondent on
inactive status shall take effect immediately. The order may provide that the disbarment,
suspension, reprimand, or placement on inactive status be deferred for a specified period of time
to allow the respondent a reasonable opportunity to comply with the requirements of section (c)
of this Rule.
Cross references. -- For the implementation of this Rule, see Attorney Grievance Commission v.
Maignan, 402 Md. 39 (2007).
(b) Reprimand. Unless accompanied by a reported opinion, an order that reprimands the
respondent shall summarize the misconduct for which the reprimand is imposed, include specific
reference to any rule or statute violated by the respondent, and state any conditions imposed
upon the respondent pursuant to section (h) of this Rule. Upon the entry of an order that
reprimands a respondent, the Clerk of the Court of Appeals shall give the notice required by Rule
16-723 (e).
(c) Duties of respondent. Unless otherwise stated in the order, an order that disbars or suspends a
respondent or places a respondent on inactive status shall operate as an immediate directive that
the respondent perform each of the following duties in a timely manner:
(1) The respondent shall not accept any new clients or undertake any new or further
representation of existing clients.
(2) The respondent shall take any action necessary to protect current clients.
(3) The respondent shall conclude any current client matters that can be concluded within 15
days after the date of the order.
(4) Within 15 days after the date of the order, the respondent shall supply to Bar Counsel or an
attorney designated by Bar Counsel a list of the attorney's clients (by name, address, and
telephone number) whose legal matters have not been concluded by the respondent and identify
any client matters (by name, tribunal, and docket reference) currently pending in any court or
agency.
(5) Within 15 days after the date of the order, the respondent shall mail a letter to each client
whose legal matter has not been concluded, to counsel for any other party or to any
unrepresented party in a pending action or proceeding, and to all attorneys with whom the
respondent is associated in the practice of law, notifying each of them of the order and the fact
that the respondent will be unable to practice law after the effective date of the order. The
respondent shall supply copies of the letters to Bar Counsel or an attorney designated by Bar
Counsel.
(6) Within 30 days after the date of the order, the respondent shall withdraw from all client
matters.
(7) Unless suspended for a definite period of not more than one year, the respondent shall
promptly request the publisher of any telephone directory or law listing to remove any listing or
reference that suggests that the respondent is eligible to practice law.
(8) The respondent shall deliver promptly to clients with pending matters any papers or other
property to which the clients are entitled or notify the clients and any co-counsel of a suitable
time and place to obtain the papers and other property and call attention to any urgent need to
obtain them.
(9) The respondent shall promptly notify the disciplinary authority in each jurisdiction in which
the respondent is admitted to practice of the disciplinary sanction imposed by the Court of
Appeals.
(10) Within 30 days of the effective date of the order, the respondent shall file with the
Commission an affidavit that states (A) the manner and extent to which the respondent has
complied with the order and the provisions of this section, (B) the names of all state and federal
jurisdictions in which and administrative agencies before which the respondent has been
admitted to practice, (C) the residence and any other address of the respondent to which future
communications may be directed, (D) the policy number and the name and address of each
insurer that provided malpractice insurance coverage to the respondent during the past five years
and the inclusive dates of coverage, and (E) the date and manner that a copy of the affidavit
required by this subsection was served upon Bar Counsel. The affidavit shall be accompanied by
copies of the list required by subsection (c) (4) of this Rule and the letters mailed under
subsection (c) (5) of this Rule.
(11) If the respondent is or becomes employed or retained by or associated with a lawyer, the
respondent shall comply with Rule 5.3 (d) of the Maryland Lawyers' Rules of Professional
Conduct and assist the supervising lawyer in complying with the supervising lawyer's obligations
under the Rule.
(12) The respondent shall maintain records of the various steps taken to comply with this section
and the order of the Court of Appeals and make those records available to Bar Counsel on
request.
(d) Effect of order; prohibited acts. After the effective date of an order that disbars or suspends a
respondent or places a respondent on inactive status, the respondent may not practice law,
attempt to practice law, or offer to practice law in this State either directly or through an
attorney, officer, director, partner, trustee, agent, or employee. Unless otherwise stated in an
order of the Court of Appeals, the respondent shall not:
(1) occupy, share, or use office space in which an attorney practices law unless under
circumstances clearly indicating to clients, prospective clients, and persons who may visit the
office that the respondent is not a lawyer and is not permitted to practice law;
(2) use any business card, sign, or advertisement suggesting that the respondent is entitled to
practice law or maintain, either alone or with another, an office for the practice of law;
(3) use any stationery, bank account, checks, or labels on which the respondent's name appears
as an attorney or in connection with any office for the practice of law;
(4) solicit or procure any legal business or retainer for an attorney, whether or not for personal
gain; and
(5) share in any fees for legal services performed by another attorney after the effective date of
the order, but may be compensated for the reasonable value of services rendered prior to that
date.
(e) Duties of Clerk. On the effective date of an order that disbars, suspends, or places the
respondent on inactive status, the Clerk of the Court of Appeals shall strike the name of the
respondent from the register of attorneys in that Court and shall certify that fact to the Trustees
of the Client Protection Fund of the Bar of Maryland and the clerks of all courts in this State. The
Clerk of the Court of Appeals also shall give the notice required by Rule 16-723 (e).
(f) Duties of Bar Counsel. Bar Counsel shall enforce the order of the Court of Appeals and the
provisions of this Rule. In enforcing section (c) of this Rule, Bar Counsel may designate an
attorney to monitor the respondent's compliance and to receive the list and copies of letters
described in subsections (c) (4) and (c) (5) of this Rule. If Rule 16-777 is applicable, Bar
Counsel may request the appointment of a conservator in accordance with that Rule.
(g) Orders for suspension or inactive status.
(1) Definite period. An order of the Court of Appeals that suspends the respondent from the
practice of law for a definite period of time may specify any conditions to be satisfied before or
after the suspension expires.
(2) Indefinite suspension or inactive status. An order of the Court of Appeals that suspends the
respondent from the practice of law indefinitely, or places the respondent on inactive status, may
permit the respondent to apply for reinstatement in accordance with Rule 16-781 not earlier than
a specified period of time after the effective date of the order.
(h) Conditions. An order entered under this Rule may impose one or more conditions to be
satisfied by the respondent, whether as a condition precedent to reinstatement or a condition of
probation after reinstatement, including a requirement that the respondent:
(1) demonstrate, by the report of a health care professional or other proper evidence, that the
respondent is mentally and physically competent to resume the practice of law;
(2) upon reinstatement, engage an attorney satisfactory to Bar Counsel to monitor the
respondent's legal practice pursuant to section (i) of this Rule;
(3) prove that every former client has been reimbursed for any part of fees paid in advance for
legal services that were not completed;
(4) satisfy any judgment or reimburse the Client Protection Fund of the Bar of Maryland for any
claim that arose out of the respondent's practice of law;
(5) make restitution to any client of any sum found to be due to the client;
(6) limit the nature or extent of the respondent's future practice of law;
(7) pay all costs assessed by the order and any mandate of the Court of Appeals;
(8) participate in a program tailored to individual circumstances that provides the respondent
with law office management assistance, lawyer assistance or counseling, treatment for alcohol or
substance abuse, psychological counseling, or specified courses in legal ethics, professional
responsibility, or continuing legal education;
(9) issue an apology; and
(10) take any other corrective action that may be reasonable and appropriate.
(i) Monitors. An attorney engaged to monitor the respondent's legal practice pursuant to
subsection (h) (2) of this Rule shall have access to client files, records of entrusted funds, and
records of any attorney trust accounts maintained by the respondent. The respondent shall pay
the reasonable fees and expenses of the monitor for the period of time stated in the order. The
monitor shall make monthly or quarterly reports to Bar Counsel as Bar Counsel may direct.
(j) Responsibility of affiliated attorneys. After the effective date of an order that disbars or
suspends a respondent or places a respondent on inactive status, no attorney may assist the
respondent in any activity that constitutes the practice of law or in any activity prohibited under
section (d) of this Rule. Upon notice of the order, an attorney affiliated with the respondent as a
member of a law firm or shareholder of a professional corporation shall take reasonable action to
ensure compliance with this Rule. The firm or corporation may give written notice to any client
of the respondent's inability to practice law and of its willingness to represent the client with the
client's consent.
Cross references. -- Rule 5.5 of the Maryland Lawyers' Rules of Professional Conduct.
(k) Non-admitted attorney.
(1) Duties of Clerk. On the effective date of an order by the Court of Appeals that disbars or
suspends a non-admitted attorney, the Clerk of the Court of Appeals shall place the name of that
attorney on a list maintained in that Court of non-admitted attorneys who are excluded from
exercising in any manner the privilege of practicing law in the State. The Clerk also shall
forward a copy of the order to the clerks of all courts in this State and to the State Court
Administrator and the Board of Law Examiners to be maintained with the docket of out-of-state
attorneys who are denied special admission to practice under the Rules Governing Admission to
the Bar of Maryland. The Clerk shall give the notice required by Rule 16-723 (e).
(2) Effect of order. After the effective date of an order entered under this section, the attorney
may not practice law in this State and is disqualified from admission to the practice of law in this
State.
(l) Modification of order. Upon joint stipulation or verified motion filed by the respondent, the
Court of Appeals may reduce a period of suspension, waive a requirement or condition imposed
by this Rule or by order, or otherwise modify an order entered under this Rule. Relief shall be
denied without a hearing unless it appears from the stipulation or from clear and convincing
evidence submitted with the motion that the respondent is attempting in good faith to comply
with the order but that full and exact compliance has become impossible or will result in
unreasonable hardship. If necessary to resolve a genuine issue of material fact, the Court may
enter an order designating a judge in accordance with Rule 16-752 to hold a hearing in
accordance with Rule 16-757.
(m) Sanctions for violations.
(1) Ineligibility for reinstatement. A petition for reinstatement filed pursuant to Rule 16-781 may
be dismissed if the respondent fails to demonstrate (A) substantial compliance with sections (c)
and (d) of this Rule and the order of the Court of Appeals, or (B) good cause for noncompliance.
(2) Disciplinary or remedial action. Upon receiving information from any source that a
respondent has violated sections (c) or (d) of this Rule or the order of the Court of Appeals, and
in addition to any other remedy, Bar Counsel may file a Petition for Disciplinary or Remedial
Action pursuant to Rule 16-751 based upon the violation.
(3) Injunction against unauthorized practice. Upon receiving information from any source
indicating that a respondent is violating section (d) of this Rule, Bar Counsel shall investigate the
matter and may institute or intervene in an action in any court to enjoin the respondent from
further violations.
(4) Contempt. If a respondent violates section (c) or (d) of this Rule or the order of the Court of
Appeals, the Commission may request the initiation of a proceeding for constructive criminal
contempt in accordance with the provisions of Rule 15-205 and may initiate a proceeding for
constructive civil contempt in accordance with the provisions of Rule 15-206.
Nov. 12, 2003, effective Jan. 1, 2004; amended Sept. 10, 2009, effective Oct. 1, 2009.)
MARYLAND RULES
Md. Rule 16-761 (2012)
Rule 16-761. Costs
(a) Allowance and allocation. Except as provided in Rule 16-781 (n), and unless the Court of
Appeals orders otherwise, the prevailing party in proceedings under this Chapter is entitled to
costs. The Court, by order, may allocate costs among the parties.
(b) Judgment. Costs of proceedings under this Chapter, including the costs of all transcripts, shall
be taxed by the Clerk of the Court of Appeals and included in the order as a judgment. On
motion, the Court may review the action of the Clerk.
(c) Enforcement. Rule 8-611 applies to proceedings under this Chapter.
HISTORY: (Added Nov. 30, 2000, effective July 1, 2001; Nov. 12, 2003, effective Jan. 1,
2004.)
MARYLAND RULES
Md. Rule 16-771 (2012)
Rule 16-771. Disciplinary or remedial action upon conviction of crime
(a) Duty of attorney charged. An attorney charged with a serious crime in this State or any
other jurisdiction shall promptly inform Bar Counsel in writing of the criminal charge.
Thereafter, the attorney shall promptly notify Bar Counsel of the final disposition of the charge
in each court that exercises jurisdiction over the charge.
Cross references. -- Rule 16-701 (k).
(b) Petition in Court of Appeals. Upon receiving and verifying information from any source that
an attorney has been convicted of a serious crime, Bar Counsel may file a Petition for
Disciplinary or Remedial Action in the Court of Appeals pursuant to Rule 16-751 (a) (2). The
petition may be filed whether the conviction resulted from a plea of guilty, nolo contendere, or a
verdict after trial and whether an appeal or any other post-conviction proceeding is pending. The
petition shall allege the fact of the conviction and include a request that the attorney be
suspended immediately from the practice of law. A certified copy of the judgment of conviction
shall be attached to the petition and shall be prima facie evidence of the fact that the attorney was
convicted of the crime charged.
(c) Temporary suspension of attorney. Upon filing of the petition pursuant to section (b) of this
Rule, the Court of Appeals shall issue an order requiring the attorney to show cause within 15
days from the date of the order why the attorney should not be suspended immediately from the
practice of law until the further order of the Court of Appeals. If, after consideration of the
petition and the answer to the order to show cause, the Court of Appeals determines that the
attorney has been convicted of a serious crime, the Court may enter an order suspending the
attorney from the practice of law until final disposition of the disciplinary or remedial action.
The Court of Appeals shall vacate the order and terminate the suspension if the conviction is
reversed or vacated at any stage of appellate or collateral review.
(d) Statement of Charges. If the Court of Appeals denies a petition filed under section (b) of this
Rule, Bar Counsel may file a Statement of Charges under Rule 16-741.
(e) Further proceedings on petition. When a petition filed pursuant to section (b) of this Rule
alleges the conviction of a serious crime, the Court of Appeals may enter an order designating a
judge pursuant to Rule 16-752 to hold a hearing in accordance with Rule 16-757.
(1) No appeal of conviction. If the attorney does not appeal the conviction, the hearing shall be
held within a reasonable time after the time for appeal has expired.
(2) Appeal of conviction. If the attorney appeals the conviction, the hearing shall be delayed,
except as provided in section (f), until the completion of appellate review.
(A) If, after completion of appellate review, the conviction is reversed or vacated, the judge to
whom the action is assigned shall either dismiss the petition or hear the action on the basis of
evidence other than the conviction.
(B) If, after the completion of appellate review, the conviction is not reversed or vacated, the
hearing shall be held within a reasonable time after the mandate is issued.
(3) Effect of incarceration. If the attorney is incarcerated as a result of the conviction, the hearing
shall be delayed until the termination of incarceration unless the attorney requests an earlier
hearing and makes all arrangements (including financial arrangements) to attend the hearing or
waives the right to attend.
(f) Right to earlier hearing. If the hearing on the petition has been delayed under subsection (e)
(2) of this Rule and the attorney has been suspended from the practice of law under section (c) of
this Rule, the attorney may request that the judge to whom the action is assigned hold an earlier
hearing, at which the conviction shall be considered a final judgment.
(g) Conclusive effect of final conviction of crime. In any proceeding under this Chapter, a final
judgment of any court of record convicting an attorney of a crime, whether the conviction
resulted from a plea of guilty, nolo contendere, or a verdict after trial, is conclusive evidence of
the guilt of the attorney of that crime. As used in this Rule, "final judgment" means a judgment
as to which all rights to direct appellate review have been exhausted. The introduction of the
judgment does not preclude the Commission or Bar Counsel from introducing additional
evidence or the attorney from introducing evidence or otherwise showing cause why no
discipline should be imposed.
HISTORY: (Added Nov. 30, 2000, effective July 1, 2001; Nov. 12, 2003, effective Jan. 1,
2004.)
MARYLAND RULES
Md. Rule 16-772 (2012)
Rule 16-772. Consent to discipline or inactive status
(a) General requirement. An attorney may consent to discipline or placement on inactive status
(b) Consent to discipline for misconduct.
(1) Joint petition. An attorney may consent to disbarment or other discipline by joining with Bar
Counsel in a petition for an order disbarring the attorney, suspending the attorney from the
practice of law, or reprimanding the attorney. The petition shall be signed by the attorney and
Bar Counsel and filed in the Court of Appeals. If a suspension is requested, the petition shall
state whether the suspension should be indefinite or for a stated period and shall set forth any
conditions that the parties agree should be imposed. If a reprimand is requested, the petition shall
state the proposed text of the reprimand and any conditions.
(2) Affidavit required. A joint petition filed under subsection (b) (1) of this Rule shall be
accompanied by an affidavit by the attorney that certifies that the attorney:
(A) is aware that an investigation or proceeding is currently pending involving allegations of

professional misconduct, the nature of which shall be specifically set forth;
(B) knows that if a hearing were to be held, sufficient evidence could be produced to sustain the
allegations of misconduct;
(C) consents to the disbarment or other discipline stated in the petition;
(D) gives the consent freely and voluntarily without coercion or duress;
(E) is aware of the effects of the disbarment or other discipline to which the attorney is
consenting; and
(F) agrees to comply with Rule 16-760 and any conditions stated in the petition that the Court of
Appeals may impose.
(3) Order of the Court of Appeals. Upon the filing of the joint petition and the affidavit, the
Court of Appeals may enter an order, signed by the Chief Judge or a judge designated by the
Chief Judge, disbarring the attorney by consent from the practice of law in the State, suspending
the attorney by consent from the practice of law, or reprimanding the attorney by consent and
imposing any conditions stated in the petition. The provisions of Rule 16-760 apply to an order
entered under this subsection.
(c) Consent to placement on inactive status.
(1) Joint petition. An attorney may consent to placement on inactive status by joining with Bar
Counsel in a petition for an order placing the attorney on inactive status. The petition shall be
signed by the attorney and Bar Counsel and filed in the Court of Appeals. The petition shall state
whether the inactive status should be indefinite or until the occurrence of a specified event and
shall set forth any conditions that the parties agree should be imposed.
(2) Affidavit required. A joint petition filed under subsection (c) (1) of this Rule shall be
accompanied by an affidavit by the attorney that certifies that the attorney:
(A) consents to the placement on inactive status;
(B) gives the consent freely and voluntarily without coercion or duress;
(C) is currently incapacitated and unable to render adequate legal service;

(D) knows that if a hearing were to be held, Bar Counsel would have the burden of proving by
clear and convincing evidence that the attorney is so incapacitated as to require the attorney to be
placed on inactive status;
(E) understands that being placed on inactive status, if ordered by the Court of Appeals,
terminates the attorney's privilege to practice law in this State until otherwise ordered by the
Court;
(F) agrees to comply with Rule 16-760 and any conditions stated in the petition that the Court of
Appeals may impose;
(G) understands that the attorney may not be reinstated to practice law unless the attorney is able
to prove by a preponderance of the evidence that the attorney has regained the ability to render
adequate legal services, that inactive status should be terminated, and that the attorney should be
reinstated to active practice;
(H) has disclosed to Bar Counsel the name of every physician, other health care provider, and
health care facility by whom or at which the attorney has been examined, evaluated, or treated;
and
(I) has furnished Bar Counsel with written consent to the release of such health care information
and records as Bar Counsel has requested and waived any privilege as to such information and
records.
(3) Order of the Court of Appeals. Upon the filing of the joint petition and affidavit, the Court of
Appeals may enter an order, signed by the Chief Judge or a judge designated by the Chief Judge,
placing the attorney on inactive status by consent pending further order of the Court and
imposing any conditions stated in the petition. The provisions of Rule 16-760 apply to an order
entered under this section.
(d) Duty of Clerk. When an attorney has been disbarred, suspended, or placed on inactive status
under this Rule, the Clerk of the Court of Appeals shall strike the name of the attorney from the
register of attorneys in that Court and shall certify to the Trustees of the Client Protection Fund
of the Bar of Maryland and the clerks of all courts in this State that the attorney's name has been
so stricken.
(e) Effect of denial. If the Court of Appeals denies a joint petition for discipline or inactive
status, the investigation or disciplinary or remedial proceeding shall resume as if no consent had
been given. Neither the joint petition nor the affidavit may be admitted in evidence.
MARYLAND RULES
Md. Rule 16-773 (2012)
Rule 16-773. Reciprocal discipline or inactive status
(a) Duty of attorney. An attorney who in another jurisdiction (1) is disbarred, suspended, or
otherwise disciplined, (2) resigns from the bar while disciplinary or remedial action is threatened
or pending in that jurisdiction, or (3) is placed on inactive status based on incapacity shall inform
Bar Counsel promptly of the discipline, resignation, or inactive status.
(b) Petition in Court of Appeals. Upon receiving and verifying information from any source that
in another jurisdiction an attorney has been disciplined or placed on inactive status based on
incapacity, Bar Counsel may file a Petition for Disciplinary or Remedial Action in the Court of
Appeals pursuant to Rule 16-751(a)(2). A certified copy of the disciplinary or remedial order
shall be attached to the Petition, and a copy of the Petition and order shall be served on the
attorney in accordance with Rule 16-753.
(c) Show cause order. When a petition and certified copy of a disciplinary or remedial order have
been filed, the Court of Appeals shall order that Bar Counsel and the attorney, within 15 days
from the date of the order, show cause in writing based upon any of the grounds set forth in
section (e) of this Rule why corresponding discipline or inactive status should not be imposed.
(d) Temporary suspension of attorney. When the petition and disciplinary or remedial order
demonstrate that an attorney has been disbarred or is currently suspended from practice by final
order of a court in another jurisdiction, the Court of Appeals may enter an order, effective
immediately, suspending the attorney from the practice of law, pending further order of Court.
The provisions of Rule 16-760 apply to an order suspending an attorney under this section.
(e) Exceptional circumstances. Reciprocal discipline shall not be ordered if Bar Counsel or the
attorney demonstrates by clear and convincing evidence that:
(1) the procedure was so lacking in notice or opportunity to be heard as to constitute a

deprivation of due process;
(2) there was such infirmity of proof establishing the misconduct as to give rise to a clear
conviction that the Court, consistent with its duty, cannot accept as final the determination of
misconduct;
(3) the imposition of corresponding discipline would result in grave injustice;
(4) the conduct established does not constitute misconduct in this State or it warrants
substantially different discipline in this State; or
(5) the reason for inactive status no longer exists.
(f) Action by Court of Appeals. Upon consideration of the petition and any answer to the order to
show cause, the Court of Appeals may immediately impose corresponding discipline or inactive
status, may enter an order designating a judge pursuant to Rule 16-752 to hold a hearing in
accordance with Rule 16-757, or may enter any other appropriate order. The provisions of Rule
16-760 apply to an order under this section that disbars or suspends an attorney or that places the
attorney on inactive status.
(g) Conclusive effect of adjudication. Except as provided in subsections (e) (1) and (e) (2) of this
Rule, a final adjudication in a disciplinary or remedial proceeding by another court, agency, or
tribunal that an attorney has been guilty of professional misconduct or is incapacitated is
conclusive evidence of that misconduct or incapacity in any proceeding under this Chapter. The
introduction of such evidence does not preclude the Commission or Bar Counsel from
introducing additional evidence or preclude the attorney from introducing evidence or otherwise
showing cause why no discipline or lesser discipline should be imposed.
(h) Effect of stay in other jurisdiction. If the other jurisdiction has stayed the discipline or
inactive status, any proceedings under this Rule shall be deferred until the stay is no longer
operative and the discipline or inactive status becomes effective.
HISTORY: (Added Nov. 30, 2000, effective July 1, 2001; amended Nov. 12, 2003, effective
Jan. 1, 2004.)
MARYLAND RULES
Md. Rule 16-774 (2012)
Rule 16-774. Summary placement on inactive status
(a) Grounds. An attorney may be summarily placed on inactive status for an indefinite period if
the attorney has been judicially determined to be mentally incompetent or to require a guardian
of the person for any of the reasons stated in Code, Estates and Trusts Article, 13-705 (b), or,
in accordance with law, has been involuntarily admitted to a facility for inpatient care treatment
of a mental disorder.
(b) Procedure.
(1) Petition for summary placement; confidentiality. Bar Counsel, with the approval of the
Commission, may file in accordance with Rule 16-751 a petition to summarily place an attorney
on inactive status. The petition shall be supported by a certified copy of the judicial
determination or involuntary admission. The petition and all other papers filed in the Court of
Appeals shall be sealed and stamped "confidential" in accordance with Rule 16-723 (b) (8).
(2) Service. The petition and all papers filed with the petition shall be served upon the attorney in
accordance with Rule 16-753 and, in addition, upon any guardian of the person of the attorney
and the director of any facility to which the attorney has been admitted. Proof of service shall be
made in accordance with Rule 2-126.
(c) Order of the Court of Appeals. Upon consideration of the petition and any answer, the Court
of Appeals may immediately place the attorney on inactive status for an indefinite period
pending further order of the Court, may enter an order designating a judge in accordance with
Rule 16-752 to hold a hearing in accordance with Rule 16-757, or may enter any other
appropriate order. The provisions of Rule 16-760 apply to an order that places an attorney on
inactive status. Copies of the order shall be served upon Bar Counsel and each person named in
the proof of service of the petition.
(d) Effect on disciplinary or remedial proceeding. If a disciplinary or remedial proceeding for

alleged misconduct is pending against the attorney, the entry of an order under this section shall
stay the proceeding until the further order of the Court.
(e) Termination of inactive status. When an attorney who has been placed on inactive status
under section (c) of this Rule is judicially determined to be competent or is judicially released
after involuntary admission, the Court of Appeals shall terminate the inactive status and either
dismiss the petition or enter an order designating a judge in accordance with Rule 16-752 to hold
a hearing in accordance with Rule 16-757.
1, 2003.)
MARYLAND RULES
Md. Rule 16-775 (2012)
Rule 16-775. Resignation of attorney
(a) Application. An application to resign from the practice of law in this State shall be
submitted in writing under oath to the Court of Appeals, with a copy to Bar Counsel. The
application shall state that the resignation is not being offered to avoid disciplinary action and
that the attorney has no knowledge of any pending investigation, action, or proceedings in any
jurisdiction involving allegations of professional misconduct by the attorney.
(b) When attorney may not resign. An attorney may not resign while the attorney is the subject of
a disciplinary investigation, action, or proceeding involving allegations of professional
misconduct. An application to resign does not prevent or stay any disciplinary action or
proceeding against the attorney.
(c) Procedure. Upon receiving a copy of the application submitted in accordance with section (a)
of this Rule, Bar Counsel shall investigate the application and file a response with the Clerk of
the Court.
(d) Order of the Court of Appeals. The Court of Appeals shall enter an order accepting or
denying the resignation. A resignation is effective only upon entry of an order accepting it.
(e) Duty of clerk. When the Court enters an order accepting an attorney's resignation, the Clerk
of the Court of Appeals shall strike the name of the attorney from the register of attorneys in that
Court and shall certify that fact to the Trustees of the Client Protection Fund of the Bar of
Maryland and the clerks of all courts in this State. The Clerk shall give any notice required by
Rule 16-723 (e).
(f) Effect of resignation. An attorney may not practice law in this State after entry of an order
accepting the attorney's resignation.
(g) Motion to vacate. On motion of Bar Counsel, the Court may vacate or modify the order in
case of intrinsic or extrinsic fraud.
MARYLAND RULES
Md. Rule 16-776 (2012)
Rule 16-776. Injunction; expedited disciplinary or remedial action
(a) Injunction to prevent serious harm.
(1) Authority of Commission. Upon receiving information that an attorney is engaging in

professional misconduct and poses an immediate threat of causing (A) death or substantial bodily
harm to another, (B) substantial injury to the financial interest or property of another, or (C)
substantial harm to the administration of justice, Bar Counsel, with approval of the Chair of the
Commission, may apply in accordance with the provisions of Title 15, Chapter 500 for
appropriate injunctive relief against the attorney. The relief sought may include restricting the
attorney's practice of law, limiting or prohibiting withdrawals from any account in any financial
institution, and limiting or prohibiting transfers of funds or property.
Committee note. -- Except as otherwise provided in this Rule, Rules 15-501 through 15-505, the
rules relating to temporary restraining orders and injunctions, apply. The appealability of
injunctions under this Rule is governed by Code, Courts Article, 12-303.
Cross references. -- See Rule 16-777 for the right of Bar Counsel to request the appointment of a
conservator when an attorney no longer can practice.
(2) Parties. The action for injunction shall be brought in the name of the Commission against the
attorney whose conduct is alleged to be causing or threatening the harm and against any other
person alleged to be assisting or acting in concert with the attorney.
(3) Effect of investigation or disciplinary or remedial proceeding. A court may not delay or deny
an injunction solely because the misconduct is or may become the subject of an investigation
under Rule 16-731 or the basis for a Statement of Charges under Rule 16-741.
(4) Order granting injunction. In addition to meeting the requirements of Rule 15-502 (e), an
order granting a preliminary or permanent injunction pursuant to this section shall include
specific findings by a preponderance of the evidence that the attorney has engaged in the
professional misconduct alleged and poses the threat alleged in the complaint. A bond shall not
be required except in exceptional circumstances.
(5) Service of injunction on financial institution. An order granting an injunction under this
section that limits or prohibits withdrawals from any account or that limits or prohibits transfers
of funds or property is effective against any financial institution upon which it is served from the
time of service.
(b) Expedited disciplinary or remedial action. When an injunction has issued in accordance with
this Rule, and regardless of any pending appeal or motion to modify or dissolve the injunction,
Bar Counsel shall immediately commence an action against the attorney by filing in the Court of
Appeals a Petition for Disciplinary or Remedial Action pursuant to Rule 16-751. A certified
copy of the order granting the injunction shall be attached to the petition. The action shall
proceed in accordance with Rules 16-751 through 16-761. The Court of Appeals may assign the
petition for hearing to the judge who granted the injunction.

MARYLAND RULES
Md. Rule 16-777 (2012)
Rule 16-777. Conservator of client matters
(a) Appointment; when authorized. If an attorney dies, disappears, or has been disbarred,
suspended, or placed on inactive status, or has abandoned the practice of law, and no personal
representative, partner, or other responsible party capable of conducting the former attorney's
affairs is known to exist, Bar Counsel may file a petition requesting the appointment of a
conservator to inventory the attorney's files and to take other appropriate action to protect the
attorney's clients.
(b) Petition and order. The petition to appoint a conservator may be filed in the circuit court in
any county in which the attorney maintained an office for the practice of law. Upon such proof of
the facts as the court may require, the court may enter an order appointing an attorney approved
by Bar Counsel to serve as conservator subject to further order of the court.
(c) Inventory. Promptly upon accepting the appointment, the conservator shall take possession
and prepare an inventory of the former attorney's files, take control of the attorney's trust and
business accounts, review the files and accounts, identify open matters, and note the matters
requiring action.
(d) Disposition of files. With the consent of the client or the approval of the court, the
conservator may assist the client in finding new counsel, assume responsibility for specific
matters, or refer the client's open matters to attorneys willing to handle them.
(e) Sale of law practice. With the approval of the court, the conservator may sell the attorney's
law practice in accordance with Rule 1.17 of the Maryland Lawyers' Rules of Professional
Conduct.
(f) Compensation. The conservator shall be entitled to periodic payment from the attorney's
assets or estate for reasonable hourly attorney's fees and reimbursement for expenditures
reasonably incurred in carrying out the order of appointment. Upon verified motion served upon
the attorney at the attorney's last known address or, if the attorney is deceased, upon the personal
representative of the attorney, the court may order payment to the conservator and enter
judgment against the attorney or personal representative for the reasonable fees and expenses of
the conservator. If the conservator is unable to obtain full payment within one year after entry of
judgment, the Commission in its sole discretion may authorize payment from the Disciplinary
Fund in an amount not exceeding the amount of the judgment that remains unsatisfied. If
payment is made from the Disciplinary Fund, the conservator shall assign the judgment to the
Commission for the benefit of the Disciplinary Fund.
(g) Confidentiality. A conservator shall not disclose any information contained in a client's file
without the consent of the client, except as necessary to carry out the order of appointment.
HISTORY: (Added Nov. 30, 2000, effective July 1, 2001; Feb. 8, 2005, effective July 1, 2005.)
MARYLAND RULES
Md. Rule 16-778 (2012)
Rule 16-778. Referral from Child Support Enforcement Administration
(a) Referral. The Commission promptly shall transmit to Bar Counsel a referral from the Child
Support Enforcement Administration pursuant to Code, Family Law Article, 10-119.3 (e)(3)
and direct Bar Counsel to file a Petition for Disciplinary or Remedial Action in the Court of
Appeals pursuant to Rule 16-751 (a)(1). A copy of the Administration's referral shall be attached
to the Petition, and a copy of the Petition and notice shall be served on the attorney in accordance
with Rule 16-753.
Committee note. -- The procedures set out in Code, Family Law Article, 10-119.3 (f)(1), (2),
and (3) are completed before the referral to the Attorney Grievance Commission.
(b) Show cause order. When a petition and notice of referral have been filed, the Court of
Appeals shall order that Bar Counsel and the attorney, within 15 days from the date of the order,
show cause in writing why the attorney should not be suspended from the practice of law.
(c) Action by the court of appeals. Upon consideration of the petition and any answer to the order
to show cause, the Court of Appeals may enter an order: (1) immediately and indefinitely
suspending the attorney from the practice of law, (2) designating a judge pursuant to Rule 16-752
to hold a hearing in accordance with Rule 16-757, or (3) containing any other appropriate
provisions. The provisions of Rule 16-760 apply to an order under this section that suspends an
attorney.
(d) Presumptive effect of referral. A referral from the Child Support Enforcement Administration
to the Attorney Grievance Commission is presumptive evidence that the attorney falls within the
criteria specified in Code, Family Law Article, 10-119.3 (e)(1), but the introduction of such
evidence does not preclude Bar Counsel or the attorney from introducing additional evidence or
otherwise showing cause why no suspension should be imposed.
(e) Termination of suspension.
(1) On notification by the Child Support Enforcement Administration. Upon notification by the
Child Support Enforcement Administration that the attorney has complied with the provisions of
Code, Family Law Article, 10-119.3 (j), the Court of Appeals shall order the attorney
reinstated to the practice of law, unless other grounds exist for the suspension to remain in effect.
(2) On verified petition by attorney. In the absence of a notification by the Child Support
Enforcement Administration pursuant to subsection (e)(1) of this Rule, the attorney may file with
the Court of Appeals a verified petition for reinstatement. The petition shall allege under oath
that (A) the attorney is in compliance with the provisions of Code, Family Law Article, 10-
119.3 (j) and is not currently in arrears in the payment of child support, (B) at least 15 days prior
to filing the verified petition, the attorney gave written notice of those facts to the Child Support
Enforcement Administration and requested that the Child Support Enforcement Administration
notify the Court, (C) the Child Support Enforcement Administration has failed or refused to file
such a notification, and (D) the attorney is entitled to be reinstated. All relevant documents shall
be attached to the petition as exhibits. A copy of the petition and exhibits shall be served on Bar
Counsel, who shall file an answer within 15 days after service. Upon consideration of the
petition and answer, the Court of Appeals may enter an order reinstating the attorney, an order
denying the petition, or any other appropriate order.
(f)) Other disciplinary proceedings. Proceedings under this Rule shall not preclude (1) the use of
the facts underlying the referral from the Child Support Enforcement Administration when
relevant to a pending or subsequent disciplinary proceeding against the attorney or (2)
prosecution of a disciplinary action based upon a pattern of conduct adverse to the administration
of justice.
MARYLAND RULES
Md. Rule 16-781 (2012)
Rule 16-781. Reinstatement
(a) Petition. A petition for reinstatement to the practice of law shall be filed in the Court of
Appeals. It shall be verified and include docket references to all prior disciplinary or remedial
actions to which the petitioner was a party. A copy of the order that disbarred or suspended the
petitioner from the practice of law, placed the petitioner on inactive status, or accepted the
petitioner's resignation shall be attached, together with any opinion of the Court that
accompanied the order. The petition shall certify that the petitioner has complied in all respects
with the provisions of Rule 16-760 and with the terms and conditions of the disciplinary or
remedial order. Except as provided in section (e) of this Rule, the petition shall allege facts
describing the petitioner's original misconduct, subsequent conduct and reformation, present
character, present qualifications and competence to practice law, and ability to satisfy the criteria
specified in section (g) of this Rule.
(b) Processing fee. Upon filing the petition, the petitioner shall pay any filing fee or costs
prescribed by law. Except as provided in section (e) of this Rule, the petitioner also shall deposit
with the Clerk of the Court of Appeals a non-refundable processing fee set by the Commission
and approved by the Court of Appeals payable to the Disciplinary Fund.
(c) Service. The petition shall be served upon Bar Counsel pursuant to Rule 2-121 and upon any
other person designated by order of the Court of Appeals on request of Bar Counsel.
(d) Requirement to provide information to Bar Counsel.
(1) Petitioner disbarred or suspended indefinitely or for more than six months. A petitioner who
has been disbarred or suspended indefinitely or for more than six months shall provide the
following information to Bar Counsel at the time of filing the petition:
(A) the petitioner's current address and telephone number;
(B) the address of each residence during the period of discipline, with inclusive dates of each
residence;
(C) documentary evidence supporting the petitioner's claim that the criteria specified in section
(g) have been satisfied;
(D) the name, address, and telephone number of each employer, associate, and partner of the
petitioner during the period of discipline, with the inclusive dates of each employment,
association, and partnership, the positions held, the names of all supervisors, and, if applicable,
reasons for terminating the employment, association, or partnership;
(E) the case caption, general nature, and disposition of each civil and criminal action pending
during the period of discipline to which the petitioner was a party or in which the petitioner
claimed an interest;
(F) a statement of monthly earnings and all other income during the period of discipline,
including the source;
(G) a statement of the petitioner's assets and financial obligations;
(H) the names and addresses of all creditors;
(I) a statement that any required restitution has been made and the amounts paid;
(J) a statement indicating whether the petitioner has applied for reinstatement in any other
jurisdiction and the present status of each application;
(K) a statement identifying all other business or occupational licenses or certificates applied for
during the period of discipline and the current status of each application;
(L) the name and address of each financial institution at which the petitioner maintained or was
signatory on any account, safe deposit box, deposit, or loan during the period of discipline;
(M) written authorization for Bar Counsel to secure financial records pertaining to any account,
safe deposit box, deposit, or loan at any financial institution identified in subsection (d) (1) (L) of
this Rule;
(N) copies of the petitioner's state and federal income tax returns for the three years preceding
the effective date of discipline and each year thereafter; and
(O) any other information that the petitioner believes is relevant to determining whether the
petitioner possesses the character and fitness necessary for reinstatement.
(2) Petitioner on inactive status for incapacity. A petitioner who has been placed on inactive
status for incapacity shall provide the following information to Bar Counsel at the time of filing
the petition:
(A) information that complies with the requirements of subsections (d) (1) (A), (d) (1) (C), (d)
(1) (J), and (d) (1) (O) of this Rule;
(B) a statement of the name, address, and telephone number of each health care provider and
institution that examined or treated the petitioner for incapacity during the period of inactive
status; and
(C) a written waiver of any physician-patient privilege with respect to each health care provider
named in subsection (d) (2) (A) of this Rule.
(e) Expedited reinstatement. If the petitioner is an attorney who has been suspended for a definite
period and the period has elapsed, Bar Counsel may consent to reinstatement by filing with the
Clerk of the Court of Appeals a written notice that Bar Counsel is satisfied that the attorney has
complied in all respects with the provisions of Rule 16-760 and with the terms and conditions of
the order imposing the suspension. Upon receiving Bar Counsel's consent, the Clerk shall
proceed in accordance with the applicable provisions of section (l) of this Rule. If Bar Counsel
does not consent, Bar Counsel shall respond to the petition in accordance with section (f) of this
Rule and shall state the particular grounds for withholding consent. The processing fee required
by section (b) of this Rule does not apply to a petition filed under this section.
(f) Response to petition. Bar Counsel shall file a response to the petition within 30 days after
being served unless a different time is ordered. The response shall admit or deny the averments
of the petition in accordance with Rule 2-323 (c) and may include a statement of Bar Counsel's
recommendations and reasons for supporting or opposing the petition.
(g) Criteria for reinstatement. The Court of Appeals shall consider the nature and circumstances
of the petitioner's original conduct, the petitioner's subsequent conduct and reformation, the
petitioner's current character, and the petitioner's current qualifications and competence to
practice law. The Court may order reinstatement if the petitioner meets each of the following
criteria or presents sufficient reasons why the petitioner should nonetheless be reinstated:
(1) The petitioner has complied in all respects with the provisions of Rule 16-760 and with the
terms and conditions of prior disciplinary or remedial orders;
(2) The petitioner has not engaged or attempted or offered to engage in the unauthorized practice
of law and has not engaged in any other professional misconduct during the period of
suspension, disbarment, or inactive status;
(3) If the petitioner was placed on inactive status, the incapacity or infirmity (including alcohol
or drug abuse) does not now exist and is not reasonably likely to recur in the future;
(4) If the petitioner was disbarred or suspended, the petitioner recognizes the wrongfulness and
seriousness of the professional misconduct for which discipline was imposed;
(5) The petitioner has not engaged in any other professional misconduct since the imposition of
discipline;
(6) The petitioner currently has the requisite honesty and integrity to practice law;
(7) The petitioner has kept informed about recent developments in the law and is competent to
practice law; and
(8) The petitioner has paid all sums previously assessed by the order of the Court of Appeals.
(h) Disposition. Upon review of the petition and Bar Counsel's response, the Court of Appeals
may order (1) dismissal without a hearing, (2) reinstatement, or (3) further proceedings in
accordance with section (i) of this Rule.
(i) Further proceedings. If the Court of Appeals orders further proceedings, the Court shall enter
an order designating a judge in accordance with Rule 16-752 to hold a hearing. The judge shall
allow reasonable time for Bar Counsel to investigate the petition and, subject to Rule 16-756,
take depositions and complete discovery. The applicable provisions of Rule 16-757 shall govern
the hearing, including the requirement that the petitioner shall have the burden of proving the
averments of the petition by clear and convincing evidence. The applicable provisions of Rules
16-758 and 16-759, except section (c) of Rule 16-759, shall govern any subsequent proceedings
in the Court of Appeals. The Court may order (1) reinstatement, (2) dismissal of the petition, or
(3) a remand for further proceedings.
(j) Conditions of reinstatement. An order that reinstates a petitioner may require that the
petitioner fulfill, either as a condition precedent to reinstatement or a condition of probation after
reinstatement, one or more of the provisions set forth in Rule 16-760 (h) and one or more of the
following requirements:
(1) take the oath of attorneys required by Code, Business Occupations and Professions Article,
10-212;
(2) attend a bar review course approved by Bar Counsel and submit to Bar Counsel satisfactory
evidence of attendance;
(3) successfully complete a professional ethics course at an accredited law school;
(4) attend the professionalism course required for newly-admitted attorneys;
(5) pass either the regular comprehensive Maryland bar examination or an attorney examination
administered by the Board of Law Examiners; and
(6) pay all costs assessed in accordance with section (n) of this Rule.
(k) Effective date of reinstatement order. An order that reinstates the petitioner may provide that
it shall become effective immediately or on a date stated in the order. If no effective date is
stated, the order shall take effect on the date that Bar Counsel gives written notice to the Clerk of
the Court of Appeals that the petitioner has complied with all conditions precedent to
reinstatement set forth in the order.
(l) Duties of Clerk.
(1) Generally. Promptly after the effective date of an order that reinstates a petitioner, the Clerk
of the Court of Appeals shall give any notice required by Rule 16-723 (e).
(2) Attorney admitted to practice. Upon receiving a reinstatement notice authorized by section
(e) of this Rule, or on the effective date of an order or notice that reinstates a petitioner admitted
by the Court of Appeals to the practice of law, the Clerk of the Court of Appeals shall place the
name of the petitioner on the register of attorneys in that Court and shall certify that fact to the
Trustees of the Client Protection Fund of the Bar of Maryland and to the clerks of all courts in
the State.
(3) Attorney not admitted to practice. Upon receiving a reinstatement notice authorized by
section (e) of this Rule, or on the effective date of an order or notice that reinstates a petitioner
not admitted by the Court of Appeals to practice law, the Clerk of the Court of Appeals shall
remove the petitioner's name from the list maintained in that Court of non-admitted attorneys
who are ineligible to practice law in this State, and shall certify that fact to the Board of Law
Examiners and the clerks of all courts in the State.
(m) Motion to vacate reinstatement. Bar Counsel may file a motion to vacate an order that
reinstates the petitioner if (1) the petitioner has failed to demonstrate substantial compliance with
the order, including any condition of reinstatement imposed under Rule 16-760 (h) or section (j)
of this Rule or (2) the petition filed under section (a) of this Rule contains a false statement or
omits a material fact, the petitioner knew the statement was false or the fact was omitted, and the
true facts were not disclosed to Bar Counsel prior to entry of the order. The petitioner may file a
verified response within 15 days after service of the motion, unless a different time is ordered. If
there is a factual dispute to be resolved, the court may enter an order designating a judge in
accordance with Rule 16-752 to hold a hearing. The judge shall allow reasonable time for the
parties to prepare for the hearing and may authorize discovery pursuant to Rule 16-756. The
applicable provisions of Rule 16-757 shall govern the hearing. The applicable provisions of
Rules 16-758 and 16-759, except section (c) of Rule 16-759, shall govern any subsequent
proceedings in the Court of Appeals. The Court may reimpose the discipline that was in effect
when the order was entered or may impose additional or different discipline.
(n) Costs. In proceedings for reinstatement, unless the Court of Appeals orders otherwise, the
petitioner shall pay all court costs and costs of investigation and other proceedings on the
petition, including the costs of physical and mental examinations, transcripts, and other
expenditures incurred by Bar Counsel that were reasonably necessary to evaluate the petition.
MARYLAND RULES
CHAPTER 800. MISCELLANEOUS
Md. Rule 16-801 (2012)
Rule 16-801. Promulgation of rules
a. Promulgation by Rules Order. Rules of the Court of Appeals shall be promulgated by a

Rules Order approved by a majority of the members of the Court of Appeals.
b. Rules committee. To assist the Court of Appeals in developing rules in the exercise of its rule-
making power, the Court has appointed a standing committee on rules of practice and procedure,
usually and herein referred to as the "Rules Committee," composed of judges, lawyers and
persons familiar with judicial administration appointed for a three year term or at the Court's
pleasure. The Court has also appointed a member of the bar to serve as Reporter to the Rules
Committee, and from time to time, such assistant or special reporters as may be required to assist
the Rules Committee in discharging its assigned responsibilities. Unless otherwise determined by
the Court of Appeals, every suggestion for the adoption, amendment, or rescission of a rule shall
be referred to the Rules Committee for consideration. The Rules Committee may also consider
rules changes on its own initiative, and shall make its recommendations with respect to rules
changes to the Court of Appeals by two or more written reports each year, submitted on or before
March 31 and September 30. A copy of each report shall be transmitted to the Maryland Register
for publication under a thirty day notice of proposed rules changes soliciting public comment.
Cross references. -- See 13-301 to 13-303 of the Courts Article of the Annotated Code of
Maryland.
Committee note. -- The Rules Committee was originally appointed by order of the Court of
Appeals dated January 22, 1946, to succeed an ad hoc predecessor Committee on Rules of
Practice and Procedure appointed by order of the Court dated March 5, 1940.
c. Publication of rules changes. Unless the Court of Appeals determines that some emergency
requires the promulgation of a rules change to take effect prior to either of the dates specified in
section d of this Rule, a copy of every Rules Order adopting, amending, or rescinding a rule shall
be published in the Maryland Register at least thirty days before its effective date under a notice
of rules changes, and may also be published in such other publication as the Court of Appeals
may direct. A Rules Order adopting or amending a rule in the form previously published in the
Maryland Register as a proposed rule change shall cite the number and page of the Maryland
Register on which the proposed rules change appears, and in that case the text of the rule adopted
or amended need not be re-published with the order of adoption or amendment. If, however, the
Court of Appeals should further amend a rule proposed for adoption or amendment during the
course of the rule-making process, either in response to comment received, or of its own motion,
the full text of the rule or amendment as adopted and showing such further amendment shall be
republished with the Rules Order.
If the Court of Appeals determines that an emergency exists and that a rules change is required to
take effect prior to either of the dates specified in section d of this Rule, it shall direct such
special publication as it considers appropriate to notify the judiciary, the clerks and members of
the bar.
d. Effective date of rules changes. Unless the Court of Appeals determines that an emergency
exists, and otherwise directs, rules changes shall become effective not earlier than the first day of
January or the first day of July, whichever first occurs after the entry and appropriate publication
of the order promulgating the rules changes.
e. Record of rules. The Clerk of the Court of Appeals shall maintain a separate record designated
as the "Maryland Rules of Procedure," which shall contain all rules and amendments adopted by
the Court.
HISTORY: (Added May 5, 1976, effective July 1, 1976; amended Nov. 5, 1976, effective Jan.
1, 1977; Apr. 6, 1984, effective July 1, 1984; Nov. 19, 1987, effective July 1, 1988; June 5,
MARYLAND RULES
Md. Rule 16-802 (2012)
Rule 16-802. Maryland Judicial Conference and Council
(a) Conference and Council Established. There is a Judicial Conference, known as "The
Maryland Judicial Conference," to consider the status of judicial business in the various courts,
appropriate legislation, and changes in rules and to exchange ideas with respect to the
improvement of the administration of justice in Maryland and the judicial system in Maryland.
There is a Judicial Council, which is part of the Maryland Judicial Conference. The Judicial
Council guides the Maryland Judicial Conference in maintaining the cohesiveness, leadership,
and efficacy of the judiciary.
(b) Membership of Conference. The members of the Judicial Conference are the judges of the
Court of Appeals of Maryland, Court of Special Appeals, circuit courts of the counties, and
District Court of Maryland.
(c) Chair. The Chief Judge of the Court of Appeals of Maryland is the Chair of the Judicial
Conference and the Judicial Council.
(d) Duties and Members of the Judicial Council.
(1) Duties. Between plenary sessions of the Maryland Judicial Conference, the Judicial Council
shall perform the functions of the Conference and:
(A) shall submit recommendations for the improvement of the administration of justice in
Maryland to the Chief Judge, the Court of Appeals, and the full Conference, as appropriate;
(B) may submit recommendations to the Governor, the General Assembly, or both, but only
through the Chief Judge and the Court of Appeals, who shall forward them with any comments
or additional recommendations that the Chief Judge or the Court deems appropriate;
(C) shall establish committees of the Judicial Conference pursuant to section (f) of this Rule,
and approve and coordinate the work of those committees;
(D) plan educational programs to improve the administration of justice in Maryland; and
(E) plan sessions of the Conference in conjunction with the Conference Chair.
(2) Members.
(A) The Judicial Council consists of 16 members, namely, the Chief Judge, the Chief Judge of
the Court of Special Appeals, the Chair of the Conference of Circuit Judges, the Chief Judge of
the District Court, the State Court Administrator, the Chair of the Conference of Circuit Court
Clerks, the Chief Clerk of the District Court, and nine members appointed by the Chief Judge
pursuant to subsection (d) (2) (B) of this Rule.
(B) The members of the Judicial Council appointed by the Chief Judge are four circuit court
judges, consisting of two circuit administrative judges and two elected members from the
Conference of Circuit Court Judges; four District Court judges, consisting of two District
Administrative judges and two elected members of the Administrative Judges Committee; and
one court administrator of a circuit court.
(3) Terms. The term of each appointed member is two years. The terms of the members shall be
staggered.
(4) Vacancies. If a vacancy occurs on the Judicial Council because an appointed member resigns
from the Council, leaves judicial office, or is appointed or elected to a judicial office other than
the office the member held when appointed to the Council, the Chair shall appoint a replacement
member to serve for the unexpired balance of the predecessor's term.
(e) Secretariat. The Administrative Office of the Courts is the secretariat for the Conference.
(f) Committees.
(1) Establishment. In consultation with the Chair of the Judicial Conference, the Judicial Council
shall establish the committees of the Conference it considers necessary or desirable from time to
time and appoint the chair and members of each committee.
(2) Duties. At the time or times each committee's chair designates, the committee shall meet to
receive, discuss, and consider suggestions pertaining to its area of responsibility. Each committee
shall make reports to the Judicial Council as required by the Council and submit an annual report
to the Judicial Conference through the Judicial Council.
(g) Sessions of the conference. Unless otherwise ordered by the Court of Appeals, the
Conference shall meet in general session at least once a year at the time and place designated by
the Judicial Council. Each session of the Conference shall be for the number of days the work of
the Conference may require.
HISTORY: (Amended June 28, 1971, effective Sept. 1, 1971; June 1, 1981; Nov. 7, 1990; June
5, 1996, effective Jan. 1, 1997; Dec. 16, 1999, effective July 1, 2000; Mar. 5, 2001, effective July
1, 2001.)
MARYLAND RULES
Md. Rule 16-803 (2012)

Rule 16-803. Commission on judicial disabilities -- Definitions
The following definitions apply in Rules 16-804 through 16-810 except as expressly otherwise
(a) Address of Record. "Address of record" means a judge's current home address or another
address designated by the judge.
Cross references. -- See Rule 16-810 (a)(1) concerning confidentiality of a judge's home address.
(b) Board. "Board" means the Judicial Inquiry Board appointed pursuant to Rule 16-804.1.
(c) Charges. "Charges" means the charges filed with the Commission by Investigative Counsel
(d) Commission. "Commission" means the Commission on Judicial Disabilities.
(e) Commission Record. "Commission record" means all documents pertaining to the judge who
is the subject of charges that are filed with the Commission or made available to any member of
the Commission.
(f) Complainant. "Complainant" means a person who has filed a complaint.
(g) Complaint. "Complaint" means a communication alleging that a judge has a disability or has
committed sanctionable conduct.
(h) Disability. "Disability" means a mental or physical disability that seriously interferes with the
performance of a judge's duties and is, or is likely to become, permanent.
(i) Formal Complaint. "Formal Complaint" means a written communication under affidavit
signed by the complainant, alleging facts indicating that a judge has a disability or has committed
sanctionable conduct.
Committee note. -- The complainant may comply with the affidavit requirement of this section
by signing a statement in the following form: "I solemnly affirm under the penalties of perjury
that the contents of the foregoing paper are true to the best of my knowledge, information, and
belief." It is not required that the complainant appear before a notary public.
(j) Judge. "Judge" means a judge of the Court of Appeals, the Court of Special Appeals, a circuit
court, the District Court, or an orphans' court, and a retired judge during any period that the
retired judge has been approved to sit.
Cross references. -- See Md. Const., Art. 4, 3A and Code, Courts Article, 1-302.
(k) Sanctionable conduct.

(1) "Sanctionable conduct" means misconduct while in office, the persistent failure by a judge to
perform the duties of the judge's office, or conduct prejudicial to the proper administration of
justice. A judge's violation of any of the provisions of the Maryland Code of Judicial Conduct
promulgated by Rule 16-813 may constitute sanctionable conduct.
(2) Unless the conduct is occasioned by fraud or corrupt motive or raises a substantial question
as to the judge's fitness for office, "sanctionable conduct" does not include:
(A) making an erroneous finding of fact, reaching an incorrect legal conclusion, or misapplying
the law; or
(B) failure to decide matters in a timely fashion unless such failure is habitual.
1997; June 6, 2000, effective Jan. 1, 2001; May 8, 2007, effective July 1, 2007.)
MARYLAND RULES
Md. Rule 16-804 (2012)
Rule 16-804. Commission
(a) Chair and Vice Chair. The Commission shall select one of its members to serve as Chair
and another to serve as Vice Chair for such terms as the Commission shall determine. The Vice
Chair shall perform the duties of the Chair whenever the Chair is disqualified or otherwise
unable to act.
(b) Interested member. A member of the Commission shall not participate as a member in any
proceeding in which (1) the member is a complainant, (2) the member's disability or sanctionable
conduct is in issue, (3) the member's impartiality might reasonably be questioned, (4) the
member has personal knowledge of disputed evidentiary facts involved in the proceeding, or (5)
the recusal of a judicial member would otherwise be required by the Maryland Code of Judicial
Conduct.
Cross references. -- See Md. Const., Article IV, 4B (a), providing that the Governor shall
appoint a substitute member of the Commission for the purpose of a proceeding against a
member of the Commission.
(c) Executive Secretary. The Commission may select an attorney as Executive Secretary. The
Executive Secretary shall serve at the pleasure of the Commission, advise and assist the
Commission, have other administrative powers and duties assigned by the Commission, and
receive the compensation set forth in the budget of the Commission.
(d) Investigative Counsel; assistants. The Commission shall appoint an attorney as Investigative
Counsel. Before appointing Investigative Counsel, the Commission shall notify bar associations
and the general public of the vacancy and shall consider any recommendations that are timely
submitted. Investigative Counsel shall serve at the pleasure of the Commission and shall receive
the compensation set forth in the budget of the Commission. Investigative Counsel shall have the
powers and duties set forth in these rules and shall report and make recommendations to the
Commission as directed by the Commission. As the need arises and to the extent funds are
available in the Commission's budget, the Commission may appoint additional attorneys or other
persons to assist Investigative Counsel. Investigative Counsel shall keep an accurate record of
the time and expenses of additional persons employed and ensure that the cost does not exceed
the amount allocated by the Commission.
(e) Quorum. The presence of a majority of the members of the Commission constitutes a quorum
for the transaction of business, provided that at least one judge, one lawyer, and one public
member are present. At a hearing on charges held pursuant to Rule 16-808 (i), a Commission
member is present only if the member is physically present in person. Under all other
circumstances, a member may be present in person or by telephone or video conferencing. Other
than adjournment of a meeting for lack of a quorum, no action may be taken by the Commission
without the concurrence of a majority of members of the Commission.
(f) Record. The Commission shall keep a record of all proceedings concerning a judge.
(g) Annual report. The Commission shall submit an annual report to the Court of Appeals, not
later than September 1, regarding its operations and including statistical data with respect to
complaints received and processed, subject to the provisions of Rule 16-810.
(h) Request for home address. Upon request by the Commission or the Chair of the Commission,
the Administrative Office of the Courts shall supply to the Commission the current home address
of each judge.
1997; Dec. 10, 1996, effective Jan. 1, 1997; June 6, 2000, effective Jan. 1, 2001; amended May
8, 2007, effective July 1, 2007.)
MARYLAND RULES
Md. Rule 16-804.1 (2012)
Rule 16-804.1. Judicial inquiry board
(a) Creation and composition. The Commission shall appoint a Judicial Inquiry Board
consisting of two judges, two attorneys, and three public members who are not attorneys or
judges. No member of the Commission may serve on the Board.
(b) Compensation. A member of the Board may not receive compensation for serving in that
capacity but is entitled to reimbursement for expenses reasonably incurred in the performance of
official duties in accordance with standard State travel regulations.
(c) Chair. The Chair of the Commission shall designate a member of the Board who is a lawyer
or judge to serve as Chair of the Board.
(d) Removal. The Commission by majority vote may remove or replace members of the Board at
any time.
(e) Quorum. The presence of a majority of the members of the Board constitutes a quorum for
the transaction of business, so long as at least one judge, one lawyer, and one public member are
present. A member of the Board may be present in person or by telephone or video conferencing.
Other than adjournment of a meeting for lack of a quorum, no action may be taken by the Board
without the concurrence of a majority of members of the Board.
(f) Powers and duties. The powers and duties of the Board are set forth in Rules 16-805 and 16-
806.
(g) Record. The Executive Secretary of the Commission shall attend the Board meetings and
keep a record in the form that the Commission requires.

MARYLAND RULES
Md. Rule 16-805 (2012)
Rule 16-805. Complaints; preliminary investigations
(a) Complaints. All complaints against a judge shall be sent to Investigative Counsel. Upon
receiving a complaint that does not qualify as a formal complaint but indicates that a judge may
have a disability or have committed sanctionable conduct, Investigative Counsel shall, if
possible: (1) inform the complainant of the right to file a formal complaint; (2) inform the
complainant that a formal complaint must be supported by affidavit and provide the complainant
with the appropriate form of affidavit; and (3) inform the complainant that unless a formal
complaint is filed within 30 days after the date of the notice, Investigative Counsel is not
required to take action, and the complaint may be dismissed.
(b) Formal Complaints. Investigative Counsel shall number and open a file on each formal
complaint received and promptly in writing (1) acknowledge receipt of the complaint and (2)
explain to the complainant the procedure for investigating and processing the complaint.
(c) Dismissal by Investigative Counsel. If Investigative Counsel concludes that the complaint
does not allege facts that, if true, would constitute a disability or sanctionable conduct and that
there are no reasonable grounds for a preliminary investigation, Investigative Counsel shall
dismiss the complaint. If a complainant does not file a formal complaint within the time stated in
section (a) of this Rule, Investigative Counsel may dismiss the complaint. Upon dismissing a
complaint, Investigative Counsel shall notify the complainant and the Commission that the
complaint has been dismissed. If the judge has learned of the complaint and has requested
notification, Investigative Counsel shall also notify the judge that the complaint has been
dismissed.
(d) Inquiry. Upon receiving information from any source indicating that a judge may have a
disability or may have committed sanctionable conduct, Investigative Counsel may open a file
and make an inquiry. An inquiry may include obtaining additional information from the
complainant and any potential witnesses, reviewing public records, obtaining transcripts of court
proceedings, and communicating informally with the judge. Following the inquiry, Investigative
Counsel shall (1) close the file and dismiss any complaint in conformity with section (c) of this
Rule or (2) proceed as if a formal complaint had been filed and undertake a preliminary
investigation in accordance with section (e) of this Rule.
(e) Preliminary investigation.
(1) If a complaint is not dismissed in accordance with section (c) or (d) of this Rule,
Investigative Counsel shall conduct a preliminary investigation to determine whether there are
reasonable grounds to believe that the judge may have a disability or may have committed
sanctionable conduct. Investigative Counsel shall promptly inform the Board or Commission that
the preliminary investigation is being undertaken.
(2) Upon application by Investigative Counsel and for good cause, the Chair of the Commission
may authorize Investigative Counsel to issue a subpoena to obtain evidence during a preliminary
investigation.
(3) During a preliminary investigation, Investigative Counsel may recommend to the Board or
Commission that the complaint be dismissed without notifying the judge that a preliminary
investigation has been undertaken.
(4) Unless directed otherwise by the Board or Commission for good cause, Investigative
Counsel shall notify the judge before the conclusion of the preliminary investigation (A) that
Investigative Counsel has undertaken a preliminary investigation into whether the judge has a
disability or has committed sanctionable conduct; (B) whether the preliminary investigation was
undertaken on Investigative Counsel's initiative or on a complaint; (C) if the investigation was
undertaken on a complaint, of the name of the person who filed the complaint and the contents of
the complaint; (D) of the nature of the disability or sanctionable conduct under investigation; and
(E) of the judge's rights under subsection (e)(5) of this Rule. The notice shall be given by first
class mail or by certified mail requesting "Restricted Delivery -- show to whom, date, address of
delivery" addressed to the judge at the judge's address of record.
(5) Except when Investigative Counsel has recommended that the complaint be dismissed
without notifying the judge and the Board or Commission has accepted the recommendation,
before the conclusion of the preliminary investigation, Investigative Counsel shall afford the
judge a reasonable opportunity to present, in person or in writing, such information as the judge
chooses.
(6) Investigative Counsel shall complete a preliminary investigation within 90 days after the
investigation is commenced. Upon application by Investigative Counsel within the 90-day period
and for good cause, the Board shall extend the time for completing the preliminary investigation
for an additional 30-day period. For failure to comply with the time requirements of this section,
the Commission may dismiss any complaint and terminate the investigation.
(f) Recommendation by Investigative Counsel. Upon completion of a preliminary investigation,

Investigative Counsel shall report to the Board the results of the investigation in the form that the
Commission requires. The report shall include one of the following recommendations: (1)
dismissal of any complaint and termination of the investigation, with or without a warning, (2)
entering into a private reprimand or a deferred discipline agreement, (3) authorization of a
further investigation, or (4) the filing of charges.
(g) Monitoring and review by board. The Board shall monitor investigations by, and review the
reports and recommendations of, Investigative Counsel.
(h) Authorization of further investigation. The Board may authorize a further investigation to be
conducted pursuant to Rule 16-806.
(i) Informal meeting with judge. The Board may meet informally with the judge for the purpose
of discussing an appropriate disposition.
(j) Board's report to commission.
(1) Contents. Upon receiving Investigative Counsel's final report and recommendation
concerning a further investigation or a preliminary investigation if no further investigation was
conducted and subject to subsection (j)(2) of this Rule, the Board shall submit to the Commission
a report that includes one of the following recommendations: (A) dismissal of any complaint and
termination of the investigation with or without a warning; (B) entering into a private reprimand
or deferred discipline agreement; or (C) upon a determination of probable cause, the filing of
charges, unless the Board determines that there is a basis for private disposition under the
standards of Rule 16-807. The Board may not recommend a dismissal with a warning, a private
reprimand, or a deferred discipline agreement unless the respondent judge has consented to this
remedy.
(2) Limitation on contents of report. The information transmitted by the Board to the
Commission shall be limited to a proffer of evidence that the Board has determined would be
likely to be admitted at a plenary hearing. The Chair of the Board may consult with the Chair of
the Commission in making the determination as to what information is transmitted to the
Commission.
(3) Time for submission of report. Unless the time is extended by the Chair of the Commission,
the Board shall transmit the report to the Commission within 45 days after the date the Board
receives Investigative Counsel's report and recommendation. Upon written request by the Chair
of the Board, the Chair of the Commission may grant one 30-day extension of time for
transmission of the report. If the Board does not issue its report within the time allowed, the
Chair of the Commission and Investigative Counsel shall conform the report and
recommendation of Investigative Counsel to the requirements of subsection (j)(2) of this Rule
and refer the matter to the Commission, which may proceed, using the report and
recommendation of Investigative Counsel.
(4) Copy to investigative counsel and judge. Upon receiving the report and recommendation, the
Commission promptly shall transmit a copy of it to Investigative Counsel and to the judge.
(k) Filing of objections. Investigative Counsel and the judge shall file with the Commission any
objections to the report and recommendation within 15 days of the date the Commission
transmitted the report and recommendation unless Investigative Counsel, the judge, and the
Chair of the Commission agree to an extension of the time for filing an objection.
(l) Action by commission. The Commission shall review the report and recommendation and any
timely filed objections. Upon written request by the judge, with a copy provided to Investigative
Counsel, the Commission may permit the judge to appear before the Commission on terms and
conditions established by the Commission. Unless the Commission authorizes further
investigation in accordance with Rule 16-806, disposition by the Commission shall be in
accordance with Rule 16-807 or 16-808 (a), as appropriate.
MARYLAND RULES
Md. Rule 16-806 (2012)
Rule 16-806. Further investigation
(a) Notice to judge. Upon approval of a further investigation by the Board or Commission,
Investigative Counsel promptly shall notify the judge (1) that the Board or Commission has
authorized the further investigation, (2) of the specific nature of the disability or sanctionable
conduct under investigation, and (3) that the judge may file a written response within 30 days of
the date on the notice. The notice shall be given (1) by first class mail to the judge's address of
record, or (2) if previously authorized by the judge, by first class mail to an attorney designated
by the judge. The Board or Commission, for good cause, may defer the giving of notice, but
notice must be given not less than 30 days before Investigative Counsel makes a
recommendation as to disposition.
(b) Subpoenas.
(1) Upon application by Investigative Counsel and for good cause, the Chair of the Commission
may authorize Investigative Counsel to issue a subpoena to compel the attendance of witnesses
and the production of documents or other tangible things at a time and place specified in the
subpoena. Promptly after service of the subpoena and in addition to any other notice required by
law, Investigative Counsel shall provide to the judge under investigation notice of the service of
the subpoena. The notice to the judge shall be sent by first class mail to the judge's address of
record or, if previously authorized by the judge, by first class mail to an attorney designated by
the judge.
(2) The judge or the person served with the subpoena may file a motion for a protective order
pursuant to Rule 2-510 (e). The motion shall be filed in the circuit court for the county in which
the subpoena was served or, if the judge under investigation is a judge serving on that circuit
court, another circuit court designated by the Commission. The court may enter any order
permitted by Rule 2-510 (e). Upon a failure to comply with a subpoena issued pursuant to this
Rule, the court, on motion of Investigative Counsel, may compel compliance with the subpoena.
(3) To the extent practicable, a subpoena shall not divulge the name of the judge under
investigation. Files and records of the court pertaining to any motion filed with respect to a
subpoena shall be sealed and shall be open to inspection only upon order of the Court of
Appeals. Hearings before the circuit court on any motion shall be on the record and shall be
conducted out of the presence of all persons except those whose presence is necessary.
Cross references. -- See Code, Courts Article, 13-401 - 403.
(c) Completion. Investigative Counsel shall complete a further investigation within 60 days after
it is authorized by the Board or Commission. Upon application by Investigative Counsel made
within the 60-day period and served by first class mail upon the judge or counsel of record, the
Commission, for good cause, may extend the time for completing the further investigation for a
specified reasonable time. The Commission may dismiss the complaint and terminate the
investigation for failure to comply with the time requirements of this section.
(d) Recommendation by Investigative Counsel. Within the time for completing a further
investigation, Investigative Counsel shall report the results of the investigation to the Board or
the Commission in the form that the Commission requires. The report shall include one of the
following recommendations: (1) dismissal of any complaint and termination of the investigation,
with or without a warning, (2) entering into a private reprimand or a deferred discipline
agreement, or (3) the filing of charges.
MARYLAND RULES
Md. Rule 16-807 (2012)
Rule 16-807. Disposition without proceedings on charges

(a) Dismissal.
(1) Evidence Fails to Show Disability or Sanctionable Conduct. The Commission shall dismiss a
complaint if, after an investigation, it concludes that the evidence fails to show that the judge has
a disability or has committed sanctionable conduct. The Commission shall notify the judge and
each complainant of the dismissal.
(2) Sanctionable Conduct Not Likely to be Repeated. If the Commission determines that any
sanctionable conduct that may have been committed by the judge will be sufficiently addressed
by the issuance of a warning, the Commission may accompany a dismissal with a warning
against future sanctionable conduct. The contents of the warning are private and confidential, but
the Commission has the option of notifying the complainant of the fact that a warning was given
to the judge. At least 30 days before a warning is issued, the Commission shall mail to the judge
a notice that states (A) the date on which it intends to issue the warning, (B) the content of the
warning, and (C) whether the complainant is to be notified of the warning. Before the intended
date of issuance of the warning, the judge may reject the warning by filing a written rejection
with the Commission. If the warning is not rejected, the Commission shall issue it on or after the
date stated in the initial notice to the judge. If the warning is rejected, it shall not be issued, the
proceeding shall resume as if no warning had been proposed, and the fact that a warning was
proposed or rejected may not be admitted into evidence.
Committee note. -- A warning by the Commission under this section is not a reprimand and does
not constitute discipline.
(b) Private reprimand.
(1) The Commission may issue a private reprimand to the judge if, after an investigation:
(A) the Commission concludes that the judge has committed sanctionable conduct that warrants
some form of discipline;
(B) the Commission further concludes that the sanctionable conduct was not so serious,
offensive, or repeated as to warrant formal proceedings and that a private reprimand is the
appropriate disposition under the circumstances; and
(C) the judge, in writing on a copy of the reprimand retained by the Commission, (i) waives the
right to a hearing before the Commission and subsequent proceedings before the Court of
Appeals and the right to challenge the findings that serve as the basis for the private reprimand,
and (ii) agrees that the reprimand may be admitted in any subsequent disciplinary proceeding
against the judge to the extent that it is relevant to the charges at issue or the sanction to be
imposed.
(2) Upon the issuance of a private reprimand, the Commission shall notify the complainant of
that disposition.
(c) Deferred discipline agreement.
(1) The Commission and the judge may enter into a deferred discipline agreement if, after an
investigation:
(A) The Commission concludes that the alleged sanctionable conduct was not so serious,
offensive, or repeated as to warrant formal proceedings and that the appropriate disposition is for
the judge to undergo specific treatment, participate in one or more specified educational
programs, issue an apology to the complainant, or take other specific corrective or remedial
action; and
(B) The judge, in the agreement, (i) agrees to the specified conditions, (ii) waives the right to a
hearing before the Commission and subsequent proceedings before the Court of Appeals, and
(iii) agrees that the deferred discipline agreement may be revoked for noncompliance in
accordance with the provisions of subsection (c)(2) of this Rule.
(2) The Commission shall direct Investigative Counsel to monitor compliance with the
conditions of the agreement and may direct the judge to document compliance. Investigative
Counsel shall give written notice to the judge of the nature of any alleged failure to comply with
a condition of the agreement. If after affording the judge at least 15 days to respond to the notice,
the Commission finds that the judge has failed to satisfy a material condition of the agreement,
the Commission may revoke the agreement and proceed with any other disposition authorized by
these rules.
(3) The Commission shall notify the complainant that the complaint has resulted in an
agreement with the judge for corrective or remedial action. Unless the judge consents in writing,
the terms of the agreement shall remain confidential and not be disclosed to the complainant or
any other person. An agreement under this section does not constitute discipline or a finding that
sanctionable conduct was committed.
(4) Upon notification by Investigative Counsel that the judge has satisfied all conditions of the
agreement, the Commission shall terminate the proceedings.
MARYLAND RULES
Md. Rule 16-808 (2012)
Rule 16-808. Proceedings before Commission
(a) Charges. After considering the report and recommendation of the Board or Investigative
Counsel submitted pursuant to Rule 16-805 (j), and upon a finding by the Commission of
probable cause to believe that a judge has a disability or has committed sanctionable conduct, the
Commission may direct Investigative Counsel to initiate proceedings against the judge by filing
with the Commission charges that the judge has a disability or has committed sanctionable
conduct. The charges shall (1) state the nature of the alleged disability or sanctionable conduct,
including each Rule of the Maryland Code of Judicial Conduct allegedly violated by the judge,
(2) allege the specific facts upon which the charges are based, and (3) state that the judge has the
right to file a written response to the charges within 30 days after service of the charges.
(b) Service; notice. The charges may be served upon the judge by any means reasonably
calculated to give actual notice. A return of service of the charges shall be filed with the
Commission pursuant to Rule 2-126. Upon service, the Commission shall notify any complainant
that charges have been filed against the judge.
Cross references. -- See Md. Const., Article IV, 4B (a).
(c) Response. Within 30 days after service of the charges, the judge may file with the
Commission an original and 11 copies of a response.
(d) Notice of hearing. Upon the filing of a response or upon expiration of the time for filing it,
the Commission shall notify the judge of the date, time, and place of a hearing. Unless the judge
has agreed to an earlier hearing date, the notice shall be mailed at least 60 days before the date
set for the hearing. If the hearing is on a charge of sanctionable conduct, the Commission shall
also notify the complainant and publish a notice in the Maryland Register that is limited to (1)
the name of the judge, (2) the date, time, and place of the hearing, and (3) a statement that the
charges and any response by the judge are available for inspection at the office of the
Commission.
Cross references. -- See Rule 16-810 (a)(3).
(e) Extension of time. The Commission may extend the time for filing a response and for the
commencement of a hearing.
(f) Procedural rights of judge. The judge has the right to inspect and copy the Commission
Record, to a prompt hearing on the charges, to be represented by an attorney, to the issuance of
subpoenas for the attendance of witnesses and for the production of designated documents and
other tangible things, to present evidence and argument, and to examine and cross-examine
witnesses.
(g) Exchange of information.
(1) Upon request of the judge at any time after service of charges upon the judge, Investigative
Counsel shall promptly (A) allow the judge to inspect the Commission Record and to copy all
evidence accumulated during the investigation and all statements as defined in Rule 2-402 (f)
and (B) provide to the judge summaries or reports of all oral statements for which
contemporaneously recorded substantially verbatim recitals do not exist, and
(2) Not later than 30 days before the date set for the hearing, Investigative Counsel and the
judge shall each provide to the other a list of the names, addresses, and telephone numbers of the
witnesses that each intends to call and copies of the documents that each intends to introduce in
evidence at the hearing.
(3) Discovery is governed by Title 2, Chapter 400 of these Rules, except that the Chair of the
Commission, rather than the court, may limit the scope of discovery, enter protective orders
permitted by Rule 2-403, and resolve other discovery issues.
(4) When disability of the judge is an issue, on its own initiative or on motion for good cause,
the Chair of the Commission may order the judge to submit to a mental or physical examination
(h) Amendments. At any time before the hearing, the Commission on motion may allow
amendments to the charges or the response. If an amendment to the charges is made less than 30
days before the hearing, the judge, upon request, shall be given a reasonable time to respond to
the amendment and to prepare and present any defense.
(i) Hearing.
(1) At a hearing on charges, the applicable provisions of Rule 16-806 (b) shall govern
subpoenas.
(2) At the hearing, Investigative Counsel shall present evidence in support of the charges.
(3) The Commission may proceed with the hearing whether or not the judge has filed a response
or appears at the hearing.
(4) Except for good cause shown, a motion for recusal of a member of the Commission shall be
filed not less than 30 days before the hearing.
(5) The hearing shall be conducted in accordance with the rules of evidence in Title 5 of these
rules.
(6) The proceedings at the hearing shall be stenographically recorded. Except as provided in
section (k) of this Rule, the Commission is not required to have a transcript prepared. The judge
may, at the judge's expense, have the record of the proceedings transcribed.
(7) With the approval of the Chair of the Commission, the judge and Investigative Counsel may
each submit proposed findings of fact and conclusions of law within the time period set by the
Chair.
(j) Commission findings and action. If the Commission finds by clear and convincing evidence
that the judge has a disability or has committed sanctionable conduct, it shall either issue a public
reprimand for the sanctionable conduct or refer the matter to the Court of Appeals pursuant to
section (k) of this Rule. Otherwise, the Commission shall dismiss the charges filed by the
Investigative Counsel and terminate the proceeding.
(k) Record. If the Commission refers the case to the Court of Appeals, the Commission shall:
(1) make written findings of fact and conclusions of law with respect to the issues of fact and
law in the proceeding, state its recommendations, and enter those findings and recommendations
in the record in the name of the Commission;
(2) cause a transcript of all proceedings at the hearing to be prepared and included in the record;
(3) make the transcript available for review by the judge and the judge's attorney in connection
with the proceedings or, at the judge's request, provide a copy to the judge at the judge's expense;
(4) file with the Court of Appeals the entire hearing record which shall be certified by the Chair
of the Commission and shall include the transcript of the proceedings, all exhibits and other
papers filed or marked for identification in the proceeding, and all dissenting or concurring
statements by Commission members; and
(5) promptly mail to the judge at the judge's address of record notice of the filing of the record
and a copy of the findings, conclusions, and recommendations and all dissenting or concurring
statements by Commission members.
(l) Discipline by consent. After the filing of charges alleging sanctionable conduct and before a
decision by the Commission, the judge and Investigative Counsel may enter into an agreement in
which the judge (1) admits to all or part of the charges; (2) as to the charges admitted, admits the
truth of all facts constituting sanctionable conduct as set forth in the agreement, (3) agrees to take
any corrective or remedial action provided for in the agreement; (4) consents to the stated
sanction; (5) states that the consent is freely and voluntarily given; and (6) waives the right to
further proceedings before the Commission and subsequent proceedings before the Court of
Appeals. The agreement shall be submitted to the Court of Appeals, which shall either approve
or reject the agreement. Until approved by the Court of Appeals, the agreement is confidential
and privileged. If the Court approves the agreement and imposes the stated sanction, the
agreement shall be made public. If the Court rejects the stated sanction, the proceeding shall
resume as if no consent had been given, and all admissions and waivers contained in the
agreement are withdrawn and may not be admitted into evidence.
1997; June 6, 2000, effective Jan. 1, 2001; Nov. 12, 2003, effective Jan. 1, 2004; May 8, 2007,
effective July 1, 2007; Dec. 4, 2007, effective Jan. 1, 2008; June 7, 2011, effective July 1, 2011.)
MARYLAND RULES
Md. Rule 16-809 (2012)
Rule 16-809. Proceedings in Court of Appeals

(a) Expedited consideration. Upon receiving the hearing record file pursuant to Rule 16-808
(k), the Clerk of the Court of Appeals shall docket the case for expedited consideration.
(b) Exceptions. The judge may except to the findings, conclusions, or recommendation of the
Commission by filing with the Court of Appeals eight copies of exceptions within 30 days after
service of the notice of filing of the record. The exceptions shall set forth with particularity all
errors allegedly committed by the Commission and the disposition sought. A copy of the
exceptions shall be served on the Commission in accordance with Rules 1-321 and 1-323.
(c) Response. The Commission shall file eight copies of a response within 15 days after service
of the exceptions. The Commission shall be represented in the Court of Appeals by its Executive
Secretary or such other counsel as the Commission may appoint. A copy of the response shall be
served on the judge in accordance with Rules 1-321 and 1-323.
(d) Hearing. If exceptions are filed, upon the filing of a response or the expiration of the time for
filing it, the Court shall set a schedule for filing memoranda in support of the exceptions and
response and a date for a hearing. The hearing on exceptions shall be conducted in accordance
with Rule 8-522. If no exceptions are filed or if the judge files with the Court a written waiver of
the judge's right to a hearing, the Court may decide the matter without a hearing.
(e) Disposition. The Court of Appeals may (1) impose the sanction recommended by the
Commission or any other sanction permitted by law; (2) dismiss the proceeding; or (3) remand
for further proceedings as specified in the order of remand.
Cross references. -- For rights and privileges of the judge after disposition, see Md. Const.,
Article IV, 4B (b).
(f) Decision. The decision shall be evidenced by the order of the Court of Appeals, which shall
be certified under the seal of the Court by the Clerk and shall be accompanied by an opinion.
Unless the case is remanded to the Commission, the record shall be retained by the Clerk of the
Court of Appeals.
MARYLAND RULES
Md. Rule 16-810 (2012)
Rule 16-810. Public access
(a) Generally. Except as otherwise expressly provided by these rules, proceedings and
information relating to a complaint or charges shall be open to the public or confidential, as
follows:
(1) Address of Record. The judge's current home address shall remain confidential at all stages
of proceedings under these rules. Any other address of record shall be open to the public if the
charges and proceedings are open to the public.
(2) Complaints and Investigations. All proceedings under Rules 16-805 and 16-806 shall be
confidential.
(3) Upon Filing of a Response or Expiration of the Time for Filing a Response. After the filing
of a response to charges alleging sanctionable conduct, whether or not joined with charges of
disability, or expiration of the time for filing a response, the charges and all subsequent
proceedings before the Commission on them shall be open to the public. If the charges allege
only that the judge has a disability, the charges and all proceedings before the Commission on
them shall be confidential.
(4) Work product and deliberations. Investigative counsel's work product and records not
admitted into evidence before the Commission, the Commission's deliberations, and records of
the Commission's deliberations shall be confidential.
(5) Proceedings in the Court of Appeals. Unless otherwise ordered by the Court of Appeals, the
record of Commission proceedings filed with that Court and any proceedings before that Court
shall be open to the public.
(b) Permitted release of information by Commission.
(1) Written waiver. The Commission may release confidential information upon a written waiver
by the judge.
(2) Explanatory statement. The Commission may issue a brief explanatory statement necessary
to correct any public misperception about actual or possible proceedings before the Commission.
(3) Nominations; appointments; approvals.
(A) Permitted disclosures. Upon a written application made by a judicial nominating

commission, a Bar Admission authority, the President of the United States, the Governor of a
state, territory, district, or possession of the United States, or a committee of the General
Assembly of Maryland or of the United States Senate which asserts that the applicant is
considering the nomination, appointment, confirmation, or approval of a judge or former judge,
the Commission shall disclose to the applicant:
(i) Information about any completed proceedings that did not result in dismissal, including
reprimands and deferred discipline agreements; and
(ii) The mere fact that a formal complaint is pending.
(B) Restrictions. When the Commission furnishes information to an applicant under this section,
the Commission shall furnish only one copy of the material and it shall be furnished under seal.
As a condition to receiving the material, the applicant shall agree (i) not to copy the material or
permit it to be copied; (ii) that when inspection of the material has been completed, the applicant
shall seal and return the material to the Commission; and (iii) not to disclose the contents of the
material or any information contained in it to anyone other than another member of the applicant.
(C) Copy to judge. The Commission shall send the judge a copy of all documents disclosed
under this subsection.
MARYLAND RULES
Md. Rule 16-811 (2012)
Rule 16-811. Client Protection Fund of the Bar of Maryland
a. Name, operation, and purpose.
1. Name. Effective July 1, 2002, the name of the Clients' Security Trust Fund of the Bar of
Maryland, promulgated pursuant to Chapter 779, Laws of Maryland (1965), shall be changed to
the "Client Protection Fund of the Bar of Maryland" (the "Fund").
2. Cross references. -- See Code, Business Occupations and Professions Article, 10-310 et
seq.
2. Operation. The Fund shall be operated and administered in accordance with this Rule by nine
trustees, appointed as hereinafter provided. The trustees shall be known as the "Trustees of the
Client Protection Fund of the Bar of Maryland."
3. Purpose. The purpose of the Fund shall be to maintain the integrity and protect the good name
of the legal profession by reimbursing, to the extent authorized by this Rule and deemed proper
and reasonable by the trustees, losses caused by defalcations of members of the Bar of the State
of Maryland or out-of-state attorneys authorized to practice in this State under Rule 15 of the
Rules Governing Admission to the Bar, acting either as attorneys or as fiduciaries (except to the
extent to which they are bonded). (Amended July 3, 1980; June 22, 1990.)
b. Appointment and compensation of trustees and officers.
1. Number. There shall be nine trustees appointed by the Court of Appeals, eight to be members
of the Bar of this State, and one who shall not be a member of the Bar.
2. Appointment. One trustee who is a member of the Bar of this State shall be appointed from
each of the seven appellate judicial circuits. The eighth trustee who is a member of the Bar and
the trustee who is not a member of the Bar shall be appointed at large. Each appointment shall be
for a term of seven years. (Amended June 4, 1979, effective July 1, 1979; June 5, 1995, effective
July 1, 1995.)
3. Officers. The trustees shall from time to time elect from their membership a chair, a treasurer,
and such other officers as they deem necessary or appropriate.
4. Removal. A trustee may be removed by the Court at any time in its discretion.
5. Vacancies. Vacancies shall be filled by appointment by the Court for the unexpired term.
6. Compensation. The trustees shall serve without compensation, but shall be entitled to
reimbursement from the Fund, if no other source of funds is available, for their expenses
reasonably incurred in performance of their duties as trustees, including transportation costs.
c. Powers and duties of trustees.
1. Additional powers and duties. In addition to the powers granted elsewhere in this Rule, the
trustees shall have the following powers and duties:
(i) To receive, hold, manage, and distribute, pursuant to this Rule, the funds raised hereunder,
and any other monies that may be received by the Fund through voluntary contributions or
otherwise.
(ii) To authorize payment of claims in accordance with this Rule.
(iii) To adopt regulations for the administration of the Fund and the procedures for the
presentation, consideration, recognition, rejection and payment of claims, and to adopt bylaws
for conducting business. A copy of the regulations shall be filed with the Clerk of the Court of
Appeals, who shall mail a copy of them to the clerk of the circuit court for each county and to all
Registers of Wills.
(iv) To enforce claims for restitution, arising by subrogation or assignment or otherwise.
(v) To invest the Fund, or any portion thereof, in such investments as they may deem
appropriate, and to cause funds to be deposited in any bank, banking institution or federally
insured savings and loan association in this State, provided however, that the trustees shall have
no obligation to cause the Fund or any portion thereof to be invested.
(vi) To employ and compensate consultants, agents, legal counsel and employees.
(vii) To delegate the power to perform routine acts which may be necessary or desirable for the
operation of the Fund, including the power to authorize disbursements for routine operating
expenses of the Fund, but authorization for payments of claims shall be made only as provided in
section h (Claims) of this Rule.
(viii) To sue or be sued in the name of the Fund without joining any or all individual trustees.
(ix) To comply with the requirements of Rules 16-713 (e), 16-714 (b), 16-724 (a), and 16-753.
(x) To designate an employee to perform the duties set forth in Rules 16-724 (a) and 16-753 and
notify Bar Counsel of that designation.
(xi) To perform all other acts necessary or proper for fulfillment of the purposes of the Fund and
its efficient administration.
2. Report and audit -- Filing. At least once each year, and at such additional times as the Court of
Appeals may order, the trustees shall file with the Court of Appeals a written report, which shall
include the audit made pursuant to subsection 3 of section i (Powers of Court of Appeals --
Arrange Audit) of this Rule of the management and operation of the Fund. (Amended June 5,
1995, effective July 1, 1995.)
d. Meetings and quorum.
1. Time. Meetings of the trustees shall be held at the call of the chair or a majority of the trustees,
and shall be held at least once each year, upon reasonable notice.
2. Number. Five trustees shall constitute a quorum. A majority of the trustees present at a duly
constituted meeting may exercise any powers held by the trustees, except to the extent that this
Rule provides otherwise. (Amended June 4, 1979, effective July 1, 1979.)
e. Payments to fund.
1. Definition. In this section, "local bar association" means (A) in Baltimore City, the Bar
Association of Baltimore City; or (B) in each county, the bar association with the greatest
number of members who are residents of the county and who maintain their principal office for
the practice of law in that county.
2. Payment required as condition of practice; exception. Except as otherwise provided in this

section, each lawyer admitted to practice before the Court of Appeals or issued a certificate of
special authorization under Rule 15 of the Rules Governing Admission to the Bar of Maryland,
shall, as a condition precedent to the practice of law (as from time to time defined in Code,
Business Occupations and Professions Article) in this State, pay annually to the treasurer of the
Fund the sum, including all applicable late charges, the Court may fix. The trustees may provide
in their regulations reasonable and uniform deadline dates for receipt of payments of assessments
or applications for change to inactive/retired status. A lawyer on inactive/retired status may
engage in the practice of law without payment to the Fund if (A) the lawyer is on inactive/retired
status solely as a result of having been approved for that status by the trustees and not as a result
of any action against the attorney pursuant to Title 16, Chapter 700 of these Rules and (B) the
lawyer's practice is limited to representing clients without compensation, other than
reimbursement of reasonable and necessary expenses, as part of the lawyer's participation in a
legal services or pro bono publico program sponsored or supported by a local bar association, the
Maryland State Bar Association, Inc., an affiliated bar foundation, or the Maryland Legal
Services Corporation. (Amended Dec. 8, 1992; Sept. 11, 1995, effective Jan. 1, 1996.)
3. Change of address. It is the obligation of each lawyer to give written notice to the trustees of
every change in the lawyer's resident address, business address, or telephone numbers within 30
days of the change. The trustees shall have the right to rely on the latest information received by
them for all billing and other correspondence. (Added Sept. 11, 1995, effective Jan. 1, 1996.)
4. Due date. Payments for any fiscal year shall be due on July 1st of each such year. (Amended
June 22, 1990; Dec. 8, 1992; Sept 11, 1995, effective Jan. 1, 1996.)
5. Dishonor. If any check to the Fund in payment of an annual assessment is dishonored, the
treasurer of the Fund shall promptly notify the attorney of the dishonor. The attorney shall be
responsible for all additional charges assessed by the trustees. (Amended Aug. 30, 1989; Dec. 8,
1992; Sept. 11, 1995, effective Jan. 1, 1996.)
f. Enforcement.
1. List by trustees of unpaid assessments. As soon as practical after January 1, but no later than
February 15 of each calendar year, the trustees shall prepare, certify, and file with the Court of
Appeals a list showing:
(i) the name and account number, as it appears on their records, of each lawyer who, to the best
of their information, is engaged in the practice of law and without valid reason or justification
has failed or refused to pay (a) one or more annual assessments, (b) penalties for late payment,
(c) any charge for a dishonored check, or (d) reimbursement of publication charges; and
(ii) the amount due from that lawyer to the Fund.
2. Notice of default by trustees.
(i) The trustees shall give notice of delinquency promptly to each lawyer on the list by first class
mail addressed to the lawyer at the lawyer's last address appearing on the records of the trustees.
The notice shall state the amount of the obligation to the Fund, that payment is overdue, and that
failure to pay the amount to the Fund within 30 days following the date of the notice will result
in the entry of an order by the Court of Appeals prohibiting the lawyer from practicing law in the
State.
(ii) The mailing by the trustees of the notice of default shall constitute service.
3. Additional discretionary notice. In addition to the mailed notice, the trustees may give any
additional notice to the lawyers on the delinquency list as the trustees in their discretion deem
desirable. Additional notice may include publication in one or more newspapers selected by the
trustees; telephone, facsimile, or other transmission to the named lawyers; dissemination to local
bar associations or other professional associations; posting in State court houses; or any other
means deemed appropriate by the trustees. Additional notice may be statewide, regional, local, or
personal to a named lawyer as the trustees may direct.
4. Certification of default by trustees; order of Temporary Suspension by the Court of Appeals.
(i) Promptly after expiration of the deadline date stated in the mailed notice, the trustees shall
submit to the Court of Appeals a proposed Temporary Suspension Order stating the names and
account numbers of those lawyers whose accounts remain unpaid. The trustees also shall furnish
additional information from their records or give further notice as the Court of Appeals may
direct. The Court of Appeals, on being satisfied that the trustees have given the required notice to
the lawyers remaining in default, shall enter a Temporary Suspension Order prohibiting each of
them from practicing law in the State. The trustees shall mail by first class mail a copy of the
Temporary Suspension Order to each lawyer named in the order at the lawyer's last address as it
appears on the records of the trustees. The mailing of the copy shall constitute service of the
order.
(ii) A lawyer who has been served with a copy of a Temporary Suspension Order and has not
been restored to good standing may not practice law and shall comply with the requirements of
Rule 16-760 (c). In accordance with the provisions of Title 15, Chapter 200 (Contempt) and any
other applicable provision of law or as the Court of Appeals shall direct, an action for contempt
of court may be brought against a lawyer who practices law in violation of a Temporary
Suspension Order.
(iii) Upon written request from any Maryland lawyer, judge, or litigant to confirm whether a
Maryland lawyer named in the request has been temporarily suspended and has not been restored
to good standing, the trustees shall furnish confirmation promptly by informal means and, if
requested, by written confirmation. On receiving confirmation by the trustees that a Maryland
lawyer attempting to practice law has been and remains temporarily suspended, a Maryland
judge shall not permit the lawyer to practice law in the State until the Court of Appeals enters an
order that terminates the Temporary Suspension Order and restores the lawyer to good standing.
5. Payment. Upon payment in cash or by certified or bank official's check to the Fund by a
lawyer of all amounts due by the lawyer, including all related costs that the Court of Appeals or
the trustees may prescribe from time to time, the trustees shall remove the lawyer's name from
their list of delinquent lawyers and, if a Temporary Suspension Order has been entered, request
the Court of Appeals to enter an order that terminates the temporary suspension and restores the
lawyer to good standing. If requested by a lawyer affected by the action, the trustees shall furnish
confirmation promptly.
6. Bad check; interim Temporary Suspension Order.
(i) If a check payable to the Fund is dishonored, the treasurer of the Fund shall notify the lawyer
immediately by the quickest available means. Within 7 business days following the date of the
notice, the lawyer shall pay to the treasurer of the Fund, in cash or by certified or bank official's
check, the full amount of the dishonored check plus any additional charge that the trustees in
their discretion shall prescribe from time to time.
(ii) The treasurer of the Fund promptly (but not more often than once each calendar quarter)
shall prepare and submit to the Court of Appeals a proposed interim Temporary Suspension
Order stating the name and account number of each lawyer who remains in default of payment
for a dishonored check and related charges. The Court of Appeals shall enter an interim
Temporary Suspension Order prohibiting the practice of law in the State by each lawyer as to
whom it is satisfied that the treasurer has made reasonable and good faith efforts to give notice
concerning the dishonored check. The treasurer shall mail by first class mail a copy of the
interim Temporary Suspension Order to each lawyer named in the order at the lawyer's last
address as it appears on the records of the trustees, and the mailing of the copy shall constitute
service of the order. (Amended June 5, 1995, effective July 1, 1995.)
7. Notices to clerks. The Clerk of the Court of Appeals shall send a copy of each Temporary
Suspension Order and order that terminates a temporary suspension and restores the lawyer to
good standing entered pursuant to this Rule to the Clerk of the Court of Special Appeals, the
clerk of each circuit court, the Chief Clerk of the District Court, and the Register of Wills for
each county. (Amended Oct. 12, 1970; June 30, 1973, effective July 1, 1973; Nov. 8, 1982,
effective Jan. 1, 1983; Dec. 8, 1992; June 7, 1994, effective Oct. 1, 1994.)
g. Treasurer's duties.
1. Separate account. The Fund shall be maintained by the treasurer in a separate account.
2. Disbursements. The treasurer shall disburse monies from the Fund only upon the action of the
trustees pursuant to this Rule.
3. Bond. The treasurer shall file annually with the trustees a bond for the proper execution of the
duties of the office of treasurer of the Fund in an amount established from time to time by the
trustees and with such surety as may be approved by the trustees. (Amended Nov. 20, 1984,
effective Jan. 1, 1985; Dec. 8, 1992.)
4. Other duties. The treasurer shall comply with the requirements of Rule 16-714 (b).
h. Claims.
1. Power of trustees. The trustees are invested with the power to determine whether a claim
merits reimbursement from the Fund, and if so, the amount of such reimbursement, the time,
place, and manner of its payment, the conditions upon which payment shall be made, and the
order in which payments shall be made. The trustees' powers under this section may be exercised
only by the affirmative vote of at least five trustees.
2. No rights in Fund. No claimant or other person or organization has any right in the Fund as
beneficiary or otherwise.
3. Exercise of discretion -- Factors. In exercising their discretion the trustees may consider,
together with such other factors as they deem appropriate, the following:
(i) The amounts available and likely to become available to the Fund for payment of claims.
(ii) The size and number of claims which are likely to be presented in the future.
(iii) The total amount of losses caused by defalcations of any one attorney or associated group of
attorneys.
(iv) The unreimbursed amounts of claims recognized by the trustees in the past as meriting
reimbursement, but for which reimbursement has not been made in the total amount of the loss
sustained.
(v) The amount of the claimant's loss as compared with the amount of the losses sustained by
others who may merit reimbursement from the Fund.
(vi) The degree of hardship the claimant has suffered by the loss.
(vii) Any negligence of the claimant which may have contributed to the loss.
4. Additional powers of trustees. In addition to other conditions and requirements the trustees
may require each claimant, as a condition of payment, to execute such instruments, to take such
action, and to enter such agreements as the trustees may desire, including assignments,
subrogation agreements, trust agreements and promises to cooperate with the trustees in making
and prosecuting claims or charges against any person.
5. Investigation of claims -- Assistance. The trustees may request individual lawyers, bar
associations, and other organizations of lawyers to assist the trustees in the investigation of
claims. (Amended Sept. 15, 1976; July 3, 1980; Dec. 8, 1992.)
i. Powers of Court of Appeals.
1. To change rule. The Court of Appeals may amend, modify, or repeal this Rule at any time
without prior notice, and may provide for the dissolution and winding up of the affairs of the
Fund.
2. Judicial review. A person aggrieved by a final determination of the trustees may seek judicial
review of the determination pursuant to Title 7, Chapter 200 of these Rules. On any judicial
review, the decision of the trustees shall be deemed prima facie correct and shall be affirmed
unless the decision was arbitrary, capricious, unsupported by substantial evidence on the record
considered as a whole, beyond the authority vested in the trustees, made upon unlawful
procedure, or unconstitutional or otherwise illegal. Any party, including the Fund, aggrieved by
the judgment of the circuit court may appeal the judgment to the Court of Special Appeals.
3. Arrange audit. The trustees shall arrange for auditing of the accounts of the Fund by state or
private auditors, and the Court of Appeals may at any time arrange for such an audit to be made.
The cost of any such audit shall be paid by the Fund if no other source of funds is available.
4. Administrative Advice. The trustees may apply to the Court of Appeals, in its
nonadjudicatory, supervisory capacity, for interpretation of this Rule and for advice as to their
powers and as to the proper administration of the Fund. Any final order issued by the Court in
response to any such application shall finally bind and determine all rights with respect to the
matters covered therein.
HISTORY: (Amended Sept. 15, 1976; June 5, 1996, effective Jan. 1, 1997; Dec. 10, 1996,
effective Jan. 1, 1997; Nov. 30, 2000, effective Jan. 1, 2001; Nov. 30, 2000, effective July 1,
2001; effective Nov. 6, 2002; May 8, 2007, effective July 1, 2007.)
MARYLAND RULES
Md. Rule 16-812 (2012)
Rule 16-812. Maryland Lawyers' Rules of Professional Conduct
The Maryland Lawyers' Rules of Professional Conduct, as set forth in Appendix: Maryland
Lawyers' Rules of Professional Conduct, are hereby adopted.
HISTORY: (Added Oct. 13, 1970; amended Dec. 9, 1976, effective Jan. 1, 1977; Mar. 8, 1978,
effective May 1, 1978; Apr. 15, 1986, effective Jan. 1, 1987; June 5, 1996, effective Jan. 1, 1997;
MARYLAND RULES
Md. Rule 16-812.1 (2012)
Rule 16-812.1. Judicial Ethics Committee
(a) Definitions. In this Rule the following definitions apply except as expressly otherwise
(1) Committee. "Committee" means the Judicial Ethics Committee.
(2) Ethics provision. "Ethics provision" means:
(A) a provision of Code, State Government Article, Title 15, Subtitle 5 or 6;
(B) as to a judge, also a provision of the Maryland Code of Judicial Conduct; and
(C) as to a judicial appointee as defined in Rule 16-814, also a provision of the Maryland Code
of Conduct for Judicial Appointees.
(3) State Official in Judicial Branch. "State official in the Judicial Branch" means an individual
who is in the Judicial Branch and is a State official, as defined in Code, State Government
Article, 15-102.
(b) Creation. There is a Judicial Ethics Committee.
(c) Composition. The Committee consists of 11 members appointed by the Chief Judge of the
Court of Appeals. Of the 11 members:
(1) one shall be a judge of the Court of Special Appeals;
(2) two shall be circuit court judges;
(3) two shall be judges of the District Court;
(4) one shall be a judge of an orphans' court;
(5) one shall be a former judge who is approved for recall for temporary service under Maryland
Constitution, Article IV, 3A;
(6) one shall be a clerk of a circuit court;
(7) one shall be a judicial appointee as defined in Rule 16-814; and
(8) two shall not be a judge or other officer or employee of the Judicial Branch of the State
government or a lawyer.
(d) Term.
(1) The term of a member is three years and begins on July 1, except that the former judge
appointed pursuant to subsection (c)(5) of this Rule shall not have a term and shall serve at the
pleasure of the Chief Judge of the Court of Appeals.
(2) The terms of the members shall be staggered so that the terms of not more than four
members expire each year.
(3) At the end of a term, a member continues to serve until a successor is appointed.
(4) A member who is appointed after a term has begun serves only for the rest of the term and
until a successor is appointed.
(5) A member appointed on or after July 1, 2005, may not serve more than two consecutive
three-year terms.
(e) Chair and Vice Chair. The Chief Judge of the Court of Appeals shall designate one judicial
member as the Chair of the Committee and one judicial member as the Vice Chair. In the
absence or disability of the Chair or upon an express delegation of authority by the Chair, the
Vice Chair shall have the authority and perform the duties of the Chair.
(f) Meetings. The Committee shall meet at the times and places that the Chair directs.
(g) Quorum. The presence of a majority of the members then serving constitutes a quorum for
the transaction of all business other than adjournment of a meeting for lack of a quorum.
(h) Committee Staff. The Committee shall have staff as the State Court Administrator directs.
(i) Duties. In addition to its other duties imposed by law, the Committee:
(1) shall give advice, as provided in this Rule, with respect to the application or interpretation of
the Maryland Code of Judicial Conduct and the Maryland Code of Conduct for Judicial
Appointees;
(2) is designated as the body to give advice with respect to the application or interpretation of
any provision of Code, State Government Article, Title 15, Subtitles 5 and 6, to a State official in
the Judicial Branch;
(3) shall review timely appeals from the State Court Administrator's decision not to extend,
under Rule 16-815 or 16-816, the period for filing a financial disclosure statement;
(4) shall determine, under Rule 16-815 f or Rule 16-816 g, whether to allow a judge or judicial
appointee to correct a deficiency as to a financial disclosure statement or to refer the matter, as to
a judge, to the Commission on Judicial Disabilities or, as to a judicial appointee, to the State
Ethics Commission; and
(5) shall submit to the Court of Appeals recommendations for necessary or desirable changes in
any ethics provision.
(1) Requester. A request for the opinion of the Committee may be made only by:
(A) a State official in the Judicial Branch, as to the proper interpretation of an ethics provision
as applied to that State official; or
(B) the Chief Judge of the Court of Appeals, as to the proper interpretation of an ethics
provision.
(2) Form of Request. Each request for an opinion of the Committee shall:
(A) be in writing;
(B) describe the act or activity about which the opinion is requested;
(C) include all documentation or other information necessary for the Committee to perform its
function, which may include citation to rules, statutes, and published opinions of the Committee
that the requester believes to be relevant to the request; and
(D) include an address to which the Committee shall direct correspondence.
(3) Opinion. The Committee may render an opinion, in writing, with regard to any request made
under this Rule and shall decide whether an opinion is to be published or unpublished. The Chair
shall cause to be prepared an edited version of each opinion designated to be published, in which
the identity and specific court or geographical location of the requester and the identity of other
persons mentioned in the opinion shall not be disclosed and shall have the opinion published in
the manner that the State Court Administrator deems proper.
(4) Letter of Advice. If the Chair decides that the full Committee cannot provide a timely written
opinion or that prior opinions of the Committee render full Committee review unnecessary, a
panel of not less than three members appointed by the Chair may issue a written letter of advice,
which shall not be published and shall have no precedential effect.
(5) Protection from a Charge of Violation. A State official in the Judicial Branch who requests an
opinion as to application of an ethics provision and is in compliance with an opinion of, or letter
of advice issued for, the Committee is protected from a charge of violation of that ethics
provision.
Committee note. -- The Judicial Ethics Committee noted that, given the binding effect of
opinions, they generally should be issued only to a State official in the Judicial Branch
requesting advice as to the official's own conduct. This practice would avoid comment either on
hypothetical conduct or conduct incompletely or inaccurately described. However, there may be
instances, such as those in which an opinion would affect numerous State officials in the Judicial
Branch or the implementation of administrative duties, that make it appropriate to have a
mechanism for requesting an interpretation of an ethics provision but not an opinion as to its
application. Therefore, language in former Maryland Code of Judicial Conduct (1987), Canon 7
suggesting that persons other than a State official in the Judicial Branch could request an opinion
has been omitted, but a provision for the Chief Judge of the Court of Appeals to request guidance
on interpretation has been added. The addition is patterned on the practice for requesting an
opinion from the Attorney General.
(6) Filing; Confidentiality. The Chair shall file with the State Court Administrator every opinion
of, and letter of advice issued for, the Committee. A request and the letter of advice or the
opinion, other than the edited version designated to be published, filed in response are
confidential and, unless otherwise directed by the Court of Appeals or required by law, are not
public information.
HISTORY: (Added December 2, 2004, effective July 1, 2005; February 10, 2009, effective July
1, 2009.)
MARYLAND RULES
Md. Rule 16-813 (2012)
Rule 16-813. Maryland Code of Judicial Conduct
TABLE OF CONTENTS
GENERAL PROVISIONS, DEFINITIONS, AND PREAMBLE
A. GENERAL PROVISIONS
B. DEFINITIONS
C. PREAMBLE
SECTION 1. RULES GOVERNING JUDICIAL INTEGRITY AND THE AVOIDANCE OF

IMPROPRIETY
Rule 1.1. COMPLIANCE WITH THE LAW
Rule 1.2. PROMOTING CONFIDENCE IN THE JUDICIARY
Rule 1.3. AVOIDING LENDING THE PRESTIGE OF JUDICIAL OFFICE
SECTION 2. RULES GOVERNING THE PERFORMANCE OF

JUDICIAL DUTIES
Rule 2.1. GIVING PRECEDENCE TO THE DUTIES OF JUDICIAL OFFICE
Rule 2.2. IMPARTIALITY AND FAIRNESS
Rule 2.3. BIAS, PREJUDICE, AND HARASSMENT
Rule 2.4. EXTERNAL INFLUENCES ON JUDICIAL CONDUCT
Rule 2.5. COMPETENCE, DILIGENCE, AND COOPERATION
Rule 2.6. ENSURING THE RIGHT TO BE HEARD
Rule 2.7. RESPONSIBILITY TO DECIDE
Rule 2.8. DECORUM, DEMEANOR, AND COMMUNICATION WITH JURORS
Rule 2.9. EX PARTE COMMUNICATIONS

Rule 2.10. JUDICIAL STATEMENTS ON PENDING AND IMPENDING CASES
Rule 2.11. DISQUALIFICATION
Rule 2.12. SUPERVISORY DUTIES
Rule 2.13. ADMINISTRATIVE APPOINTMENTS
Rule 2.14. DISABILITY AND IMPAIRMENT
Rule 2.15. RESPONDING TO JUDICIAL AND LAWYER MISCONDUCT
Rule 2.16. COOPERATION WITH DISCIPLINARY AUTHORITIES
SECTION 3. RULES GOVERNING EXTRA-JUDICIAL ACTIVITY
Rule 3.1. EXTRAJUDICIAL ACTIVITIES IN GENERAL
Rule 3.2. APPEARANCES BEFORE GOVERNMENTAL BODIES AND CONSULTATION

WITH GOVERNMENT OFFICIALS
Rule 3.3. TESTIFYING AS A CHARACTER WITNESS
Rule 3.4. APPOINTMENTS TO GOVERNMENTAL POSITIONS
Rule 3.5. USE OF NONPUBLIC INFORMATION
Rule 3.6. AFFILIATION WITH DISCRIMINATORY ORGANIZATIONS
Rule 3.7. PARTICIPATION IN EDUCATIONAL, RELIGIOUS, CHARITABLE,

FRATERNAL, OR CIVIC ORGANIZATIONS AND ACTIVITIES
Rule 3.8. APPOINTMENTS TO FIDUCIARY POSITIONS
Rule 3.9. SERVICE AS ARBITRATOR OR MEDIATOR
Rule 3.10. PRACTICE OF LAW
Rule 3.11. FINANCIAL, BUSINESS OR REMUNERATIVE ACTIVITIES
Rule 3.12. COMPENSATION FOR EXTRAJUDICIAL ACTIVITIES
Rule 3.13. ACCEPTANCE AND REPORTING OF GIFTS, LOANS, BEQUESTS, BENEFITS,

OR OTHER THINGS OF VALUE
Rule 3.14. REIMBURSEMENT OF EXPENSES AND WAIVERS OF FEES OR CHARGES

Rule 3.15. REPORTING REQUIREMENTS
SECTION 4. RULES GOVERNING POLITICAL ACTIVITY
Rule 4.1. DEFINITIONS
Rule 4.2. POLITICAL CONDUCT OF JUDGE WHO IS NOT A CANDIDATE
Rule 4.3. POLITICAL CONDUCT OF APPLICANT
Rule 4.4. POLITICAL CONDUCT OF CANDIDATE FOR ELECTION
Rule 4.5. POLITICAL CONDUCT OF DISTRICT COURT CANDIDATE FOR RETENTION
Rule 4.6. APPLICABILITY AND DISCIPLINE
GENERAL PROVISIONS, DEFINITIONS, AND PREAMBLE
A. GENERAL PROVISIONS
A-101 -- The Maryland Code of Judicial Conduct is divided into five Parts. This introductory
Part contains General Provisions, Definitions, and a Preamble. The remaining Parts, titled as
Sections 1 through 4, contain both substantive Rules of Judicial Conduct that articulate specific
ethical standards and Comments that provide guidance in interpreting those Rules. Those
Sections are organized as follows:
Section 1. Rules Governing Judicial Integrity and the Avoidance of Impropriety (Rules 1.1
through 1.3)
Section 2. Rules Governing the Performance of Judicial Duties (Rules 2.1 through 2.16)
Section 3. Rules Governing Non-Judicial Activities (Rules 3.1 through 3.15)
Section 4. Rules Governing Political Activity (Rules 4.1 through 4.6)
A-102 -- This Code is based in large part on the 2007 Model Code of Judicial Conduct proposed
by the American Bar Association (hereafter referred to as "2007 ABA Code"), although this
Code differs from the 2007 ABA Code in a number of respects. Some differences are
substantive; others are matters of style or organization. Three differences are worthy of general
note:
Consolidation of Prefatory Provisions
This Code consolidates and reorganizes the Preamble, Scope, Application, and Terminology
provisions of the 2007 ABA Code into this introductory Part on General Provisions, Definitions,
and Preamble. Although these provisions are not in the form of Rules, they are part of this Code.
Elimination of Canons
The 2007 ABA Code proposed a new and much different structure and format. The enforceable
ethical commands in previous Codes were stated in the form of specific Canons, to which were
appended interpretative Comments. The enforceable ethical commands in the 2007 ABA Code
are stated in the form of Rules that are supplemented by interpretative Comments and headed by
very brief and general statements denominated as Canons.
The 2007 ABA Code acknowledges that a judge may be disciplined only for violating a Rule,
but it regards the Canons as providing guidance in interpreting the Rules. That, however, is more
precisely the function of the Comments under each Rule. The Canons themselves appear to be
merely descriptive of the subject matter of the Rules. To avoid any ambiguity over the
significance of the Canons and to make clear that attention must be focused on the Rules and the
Comments, this Code eliminates the Canons and uses instead a descriptive statement of the Rules
in each Section.
Political Activity
The 2007 ABA Code contains provisions regarding political activity and financial disclosure by
judges. This Code reorganizes those provisions and conforms them to the different manners in
which judges are selected and retained in Maryland and to requirements enacted by the Maryland
General Assembly or adopted by the Court of Appeals. The intent is to make more clear to each
judge and candidate for judicial office what is allowed and what is not allowed.
A-103 -- A judge may be disciplined only for violating a Rule. If a Rule contains a permissive
term, such as "may" or "should" the conduct being addressed is committed to the personal and
professional discretion of the judge or candidate in question, and no disciplinary action should be
taken for action or inaction within the bounds of that discretion.
Source. -- This provision is derived from the Scope section of the 2007 ABA Code.
A-104 -- The Comments that accompany the Rules contain explanatory material and, in some
instances, provide examples of permitted or prohibited conduct.
Comments neither add to nor subtract from the binding obligations set forth in the Rules.
Therefore, when a Comment contains the term "must," it does not mean that the Comment itself
is binding or enforceable but merely signifies that the Rule in question, properly understood, is
obligatory as to the conduct at issue.
The Comments also may identify aspirational goals for judges. To implement fully the principles
of this Code, judges should hold themselves to the highest ethical standards and seek to achieve
those aspirational goals, thereby enhancing the dignity of the judicial office.
Source. -- These provisions are derived from the Scope section of the 2007 ABA Code.
A-105 -- The Rules in this Code are rules of reason that should be applied in a manner consistent
with Constitutional requirements, statutes, other Court Rules, and decisional law and with due
regard for all relevant circumstances. The Rules should not be interpreted to impinge upon the
essential independence of judges in making judicial decisions.
A-106 -- Although the text of the Rules is binding and enforceable, it is not contemplated that
every transgression will result in the imposition of discipline. Whether discipline should be
imposed should be determined through a reasonable and reasoned application of the Rules and
should depend upon factors such as the seriousness of the transgression, the facts and
circumstances that existed at the time of the transgression, the extent of any pattern of improper
activity, whether there have been previous violations, and the effect of the improper activity
upon the judicial system or others.
A-107 -- This Code is not designed or intended as a basis for civil or criminal liability. It is also
not intended to be the basis for litigants to seek collateral remedies against each other or to
obtain tactical advantages in proceedings before a court.
A-108 -- In interpreting this Code, attention should be given to the opinions of the Judicial Ethics
Committee and, if appropriate, that Committee should be asked for a written letter of advice or a
binding opinion. See Rule 16-812.1 (j)(5), protecting a judge from a charge of violating an ethics
provision in this Code if the judge has requested and received an opinion or advice letter from
the Committee and is in compliance with that opinion or advice letter.
Source. -- This provision is derived from the Preamble to the former Maryland Code of Judicial
Conduct.
A-109 -- This Code applies to:
(1) Incumbent judges of the Court of Appeals, the Court of Special Appeals, the Circuit Courts,
and the District Court;
(2) Except as otherwise expressly provided in specific Rules, incumbent judges of the Orphans'
Courts;
(3) Except as otherwise expressly provided in specific Rules, retired judges who are approved
for recall for temporary service pursuant to Maryland Constitution, Art. IV, 3A.; and
(4) Candidates and applicants for judicial office as defined in Rule 4.1, to the extent that a Rule
expressly applies to such candidates or applicants. See Section 4 and Rule 2.11.
Source. -- This provision is new.
B. DEFINITIONS
B-101 -- Domestic Partner
"Domestic partner" means a person with whom another person maintains a household and an
intimate relationship, other than a person to whom he or she is legally married. See Rules 2.11,
2.13, 3.13, and 3.14.
Source. -- This definition is derived from the Terminology section of the 2007 ABA Code.
B-102 -- Fiduciary
"Fiduciary" includes relationships such as administrator, attorney-in-fact by power of attorney,

personal representative, and trustee. See Rules 2.11, 3.2, and 3.8.
B-103 -- Gift
(a) Except as provided in paragraph (b), "gift" means the transfer of anything of economic value,
regardless of form, without adequate and lawful consideration.
(b) "Gift" does not include the solicitation, acceptance, receipt, or regulation of a political
contribution that is regulated in accordance with:
(1) the Election Law Article of the Maryland Code; or
(2) any other Maryland law regulating the conduct of elections or the receipt of political
contributions. See Rule 3.13.
Source. -- This definition is derived from Code, State Government Article, 15-102 (p).
B-104 -- Impartial
"Impartial," "impartiality," and "impartially" mean absence of bias or prejudice in favor of, or
against, particular parties or classes of parties, as well as maintenance of an open mind in
considering issues that may come before a judge. See Rules 1.2, 2.2, 2.10, 2.11, 2.13, 3.1, 3.12,
3.13, 4.4, and 4.5.
B-105 -- Impending Matter

"Impending matter" means a matter that is imminent or expected to occur in the near future. See
Rules 2.9, 2.10, 3.13, 4.4, and 4.5
B-106 -- Independence
"Independence" means a judge's freedom from influence or controls other than those established
by law. See Rules 1.2, 3.1, 3.12, 3.13, 4.4, and 4.5.
B-107 -- Knowingly
"Knowingly," "knowledge," "known," and "knows" mean actual knowledge of the fact in
question. A person's knowledge may be inferred from circumstances. See Rules 2.11, 2.13. 2.15,
2.16, 3.6, and 4.4, and 4.5.
B-108 -- Member of judge's or candidate's family
"Member of a [judge's] [candidate's] family" means a spouse, domestic partner, child,

grandchild, parent, grandparent, or other relative or person with whom the judge or candidate
maintains a close familial relationship. See Rules 3.7, 3.8, 3.10, and 3.11.
B-109 -- Member of judge's or candidate's household
"Member of [judge's] [candidate's] household" means:
(a) if sharing the judge's or candidate's legal residence, the judge's or candidate's spouse,
domestic partner, child, ward, financially dependent parent, or other financially dependent
relative; or
(b) the judge's or candidate's spouse, child, ward, parent, or other relative, over whose financial
affairs the judge or candidate has legal or actual control. See Rule 3.13.
Source. -- This definition is derived from Maryland Code, State Government Article, 15-102
(z).
B-110 -- Pending matter
"Pending matter" means a matter that has commenced. A matter continues to be pending through
any appellate process until final disposition. See Rules 2.9, 2.10, 3.13, and 4.4, and 4.5.
B-111 -- Significant financial interest
(a) "Significant financial interest" means ownership of:
(1) an interest as the result of which the owner has received within the past three years, is
currently receiving, or in the future is entitled to receive, more than $ 1,000 per year;
(2) more than 3% of a business entity; or
(3) a security of any kind that represents, or is convertible into, more than 3% of a business
entity.
(b) In applying this definition:
(1) ownership of an interest in a mutual or common investment fund that holds a security is not
ownership of the security unless:
(i) the judge participates in the management of the fund; or
(ii) there is before the judge a pending matter or an impending matter that could substantially
affect the value of the interest;
(2) ownership of a government security is not a significant financial interest in the issuer unless
there is before the judge a pending matter or an impending matter that could substantially affect
the value of the security;
(3) neither a deposit in a financial institution nor a proprietary interest such as or similar to that
of a depositor in a mutual savings association, member of a credit union, or policy holder in a
mutual insurance company is a significant financial interest in the entity unless there is before
the judge a pending matter or an impending matter that could substantially affect the value of the
deposit or interest; and
(4) an ownership interest in a security held by a charitable, civic, educational, fraternal, sororal,
or religious organization will not be imputed to a judge merely because the judge or the judge's
child, parent, or spouse is an adviser to or director or officer of, or otherwise actively participates
in, the organization.
Source. -- This definition is derived from the former Maryland Code of Judicial Conduct.
B-112 -- Third Degree of Relationship
"Third degree of relationship" includes the following persons: great-grandparent, grandparent,

parent, uncle, aunt, brother, sister, child, grandchild, great-grandchild, nephew, and niece. See
Rules 2.11 and 2.13.
C. PREAMBLE
C-101 -- An independent, fair, competent, and impartial judiciary composed of men and women
of integrity who will interpret and apply the law that governs our society is indispensable to our
system of justice. Thus, the judiciary plays a central role in preserving the principles of justice
and the rule of law. Inherent in all the Rules contained in this Code are the precepts that judges,
individually and collectively, must respect and honor the judicial office as a public trust and
strive to maintain and enhance confidence in the legal system.
C-102 -- Judges should maintain the dignity of judicial office at all times, and avoid both
impropriety and the appearance of impropriety in their professional and personal lives. They
should aspire at all times to conduct that ensures the greatest possible public confidence in their
independence, impartiality, integrity, and competence.
C-103 -- This Code of Judicial Conduct establishes standards for the ethical conduct of judges
and judicial candidates. It is not intended as an exhaustive guide for the conduct of judges and
judicial candidates, who are governed in their judicial and personal conduct by general ethical
standards as well as by this Code. This Code is intended, however, to provide guidance and assist
judges in maintaining the highest standards of judicial and personal conduct, and to provide a
basis for regulating their conduct through disciplinary agencies.
Source. -- This Preamble is derived from the Preamble section of the 2007 ABA Code.
SECTION 1.
RULES GOVERNING JUDICIAL INTEGRITY AND THE AVOIDANCE OF IMPROPRIETY
A judge shall comply with the law, including this Code of Judicial Conduct.
Source. -- This Rule is derived from Rule 1.1 of the 2007 ABA Code.
(a) A judge shall act at all times in a manner that promotes public confidence in the
independence, integrity, and impartiality of the judiciary.
(b) A judge shall avoid conduct that would create in reasonable minds a perception of
impropriety.
[1] Public confidence in the judiciary is eroded by improper conduct and conduct that creates the
appearance of impropriety. This principle applies to both the professional and personal conduct
of a judge.
[2] A judge should expect to be the subject of public scrutiny that might be viewed as
burdensome if applied to other persons, and must accept the restrictions imposed by this Code.
[3] Conduct that compromises or appears to compromise the independence, integrity, and
impartiality of a judge undermines public confidence in the judiciary. Because it is not
practicable to list all such conduct, the Rule is necessarily cast in general terms.
[4] Judges should participate in activities that promote ethical conduct among judges and
lawyers, support professionalism within the judiciary and the legal profession, and promote
access to justice for all.
[5] Actual improprieties include violations of law, court rules, and this Code. The test for
appearance of impropriety is whether the conduct would create in reasonable minds a perception
that the judge's ability to carry out judicial responsibilities with competence, impartiality, and
integrity is impaired.
[6] A judge should initiate and participate in community outreach activities for the purpose of
promoting public understanding of and confidence in the administration of justice. In conducting
such activities, the judge must act in a manner consistent with this Code.
Source. -- This Rule is derived from Rule 1.2 of the 2007 ABA Code. Comments [1], [2], [3],
[4], and [6] are derived from the ABA Comments to that Rule. Comment [5] is derived in part
from ABA Comment [5] to that Rule and is in part new.
Rule 1.3. AVOIDING LENDING THE PRESTIGE OF JUDICIAL OFFICE
A judge shall not lend the prestige of judicial office to advance the personal or economic
interests of the judge or others, or allow others to do so.
[1] It is improper for a judge to use or attempt to use his or her position to gain personal
advantage or deferential treatment of any kind. For example, it would be improper for a judge to
allude to his or her judicial status to gain favorable treatment in encounters with traffic officials.
Similarly, a judge must not use a judicial letterhead to gain an advantage in conducting his or her
personal business.
[2] A judge may provide a reference or recommendation for an individual based upon the
judge's personal knowledge. The judge may use an official letterhead if the judge indicates that
the reference is personal and if there is no likelihood that the use of the letterhead would
reasonably be perceived as an attempt to exert pressure by reason of the judicial office.
[3] Judges may participate in the process of judicial selection by cooperating with appointing
authorities and screening committees and by responding to inquiries from such entities
concerning the professional qualifications of a person being considered for judicial office.
Cross references. -- See Rule 4.3.
[4] Special considerations arise when judges write or contribute to publications of for-profit
entities, whether related or unrelated to the law. A judge should not permit anyone associated
with the publication of such materials to exploit the judge's office in a manner that violates this
Rule or other applicable law. In contracts for publication of a judge's writing, the judge should
retain sufficient control over the advertising to avoid such exploitation.
Source. -- This Rule is derived from Rule 1.3 of the 2007 ABA Code. The Comments are derived
from the ABA Comments to that Rule.
SECTION 2.
RULES GOVERNING THE PERFORMANCE OF

JUDICIAL DUTIES
Rule 2.1. GIVING PRECEDENCE TO THE DUTIES OF JUDICIAL OFFICE
The duties of judicial office, as prescribed by law, shall take precedence over a judge's personal
and extrajudicial activities.
[1] To ensure that judges are available to fulfill their judicial duties, judges must conduct their
personal and extrajudicial activities to minimize the risk of conflicts that would result in frequent
disqualification.
[2] Although it is not a duty of judicial office unless prescribed by law, judges are encouraged to
participate in activities that promote public understanding of and confidence in the justice
system.
[3] With respect to time devoted to personal and extrajudicial activities, this Rule must be
construed in a reasonable manner. Family obligations, illnesses, emergencies, and permissible
extrajudicial activities may require a judge's immediate attention. Attending to those obligations
and situations, temporary in nature, is not prohibited by this Rule and should be dealt with in
accordance with applicable vacation, sick leave, and administrative leave policies.
Source. -- This Rule is derived from Rule 2.1 of the 2007 ABA Code, except that the words "all
of" in that Code have been deleted. Comments [1] and [2] are derived from the ABA Comments
to that Rule. Comment [3] is new.
A judge shall uphold and apply the law and shall perform all duties of judicial office impartially
and fairly.
[1] To ensure impartiality and fairness to all parties, a judge must be objective and open-
minded.
[2] Although each judge comes to the bench with a unique background and personal philosophy,
a judge must interpret and apply the law without regard to whether the judge approves or
disapproves of the law in question.
[3] When applying and interpreting the law, a judge sometimes may make good-faith errors of
fact or law. Errors of this kind do not violate this Rule.
[4] It is not a violation of this Rule for a judge to make reasonable accommodations to ensure
self-represented litigants the opportunity to have their matters fairly heard.
Cross references. -- See Rule 2.6 Comment [2].
(a) A judge shall perform the duties of judicial office, including administrative duties, without
bias or prejudice.
(b) A judge shall not, in the performance of judicial duties, by words or conduct, manifest bias,
prejudice, or harassment based upon race, sex, gender, religion, national origin, ethnicity,
disability, age, sexual orientation, marital status, socioeconomic status, or political affiliation. A
judge shall require lawyers in proceedings before the court, court staff, court officials, and others
subject to the judge's direction and control to refrain from similar conduct.
(c) The restrictions of paragraph (b) do not preclude judges or lawyers from making legitimate
references to the listed factors, or similar factors, when they are relevant to an issue in a
proceeding.
[1] A judge who manifests bias or prejudice in a proceeding impairs the fairness of the
proceeding and brings the judiciary into disrepute.
[2] A judge must avoid conduct that may reasonably be perceived as prejudiced or biased.
Examples of manifestations of bias or prejudice include epithets; slurs; demeaning nicknames;
negative stereotyping; attempted humor based upon stereotypes; threatening, intimidating, or
hostile acts; suggestions of connections between race, ethnicity, or nationality and crime; and
irrelevant references to personal characteristics. Even facial expressions and body language can
convey to parties and lawyers in the proceeding, jurors, the media, and others an appearance of
bias or prejudice.
[3] Harassment, as referred to in paragraph (b), is verbal or physical conduct that denigrates or
shows hostility or aversion toward a person on bases such as race, sex, gender, religion, national
origin, ethnicity, disability, age, sexual orientation, marital status, socioeconomic status, or
political affiliation.
[4] Sexual harassment includes sexual advances, requests for sexual favors, and other verbal or
physical conduct of a sexual nature that is unwelcome.
Source. -- This Rule is derived from Rule 2.3 of the 2007 ABA Code with certain style changes.
The Comments are derived from the ABA Comments to that Rule with certain style changes.
Rule 2.4. EXTERNAL INFLUENCES ON JUDICIAL CONDUCT
(a) A judge shall not be swayed by public clamor or fear of criticism.
(b) A judge shall not permit family, social, political, financial, or other interests or relationships
to influence the judge's judicial conduct or judgment.
(c) A judge shall not convey or permit others to convey the impression that any person or
organization is in a position to influence the judge.
[1] An independent judiciary requires that judges decide cases according to the law and facts,
without regard to whether particular laws or litigants are popular or unpopular with the public,
the media, government officials, or the judge's friends or family. Confidence in the judiciary is
eroded if judicial decision-making is perceived to be subject to inappropriate outside influences.
(a) A judge shall perform judicial and administrative duties competently, diligently, promptly,
and without favoritism or nepotism.
(b) A judge shall cooperate with other judges and court officials in the administration of court
business.
(c) A judge shall not wilfully fail to comply with administrative rules or reasonable directives of
a judge with supervisory authority.
[1] Competence in the performance of judicial duties requires the legal knowledge, skill,
thoroughness, and preparation reasonably necessary to perform a judge's responsibilities of
judicial office.
[2] A judge should seek the necessary docket time, court staff, expertise, and resources to
discharge all adjudicative and administrative responsibilities.
[3] Prompt disposition of the court's business requires a judge to devote adequate time to
judicial duties, to be punctual in attending court and expeditious in determining matters under
submission, and to take reasonable measures to ensure that court officials, litigants, and their
lawyers cooperate with the judge to that end.
[4] In disposing of matters promptly and efficiently, a judge must demonstrate due regard for the
rights of parties to be heard and to have issues resolved without unnecessary cost or delay. A
judge should monitor and supervise cases in ways that reduce or eliminate dilatory practices,
avoidable delays, and unnecessary costs.
Source. -- Paragraphs (a) and (b) of this Rule are derived from Rule 2.5 of the 2007 ABA Code.
Paragraph (c) is new. The Comments are derived from the ABA Comments to that Rule.
(a) A judge shall accord to every person who has a legal interest in a proceeding, or that person's
lawyer, the right to be heard according to law.
(b) A judge may encourage parties to a proceeding and their lawyers to settle matters in dispute
but shall not act in a manner that coerces any party into settlement.
[1] The right to be heard is an essential component of a fair and impartial system of justice.
Substantive rights of litigants can be protected only if procedures protecting the right to be heard
are observed.
[2] Increasingly, judges have before them self-represented litigants whose lack of knowledge
about the law and about judicial procedures and requirements may inhibit their ability to be
heard effectively. A judge's obligation under Rule 2.2 to remain fair and impartial does not
preclude the judge from making reasonable accommodations to protect a self-represented
litigant's right to be heard, so long as those accommodations do not give the self-represented
litigant an unfair advantage. This Rule does not require a judge to make any particular
accommodation.
[3] Settlement conferences and referrals to alternative dispute resolution may play an important
role in the administration of justice. The judge plays an important role in overseeing the
settlement of disputes, but should be careful that efforts to further settlement do not undermine
any party's right to be heard according to law. Among the factors that a judge should consider
when deciding upon an appropriate settlement practice for a case are (a) whether the parties have
requested or voluntarily consented to a certain level of participation by the judge in settlement
discussions, (b) whether the parties and their counsel are relatively sophisticated in legal matters,
(c) whether the case will be tried by the judge or a jury, (d) whether the parties participate with
their counsel in settlement discussions, (e) whether any parties are self-represented, and (f) the
nature of the proceeding.
[4] Judges must be mindful of the effect settlement discussions can have, not only on their
objectivity and impartiality, but also on the appearance of their objectivity and impartiality. A
judge should keep in mind the effect that the judge's participation in settlement discussions may
have on both the judge's own views of the case and the perceptions of the lawyers and the parties
if the case remains with the judge after settlement efforts are unsuccessful. Despite a judge's best
efforts, there may be instances when information obtained during settlement discussions could
influence a judge's decision making during trial, and, in such instances, the judge should consider
whether disqualification may be appropriate. See Rule 2.11 (a) (1).
Source. -- This Rule is derived from Rule 2.6 of the 2007 ABA Code. Comments [1], [3], and [4]
are derived from the ABA Comments to that Rule, with some modifications. Comment [2] is
new.
A judge shall hear and decide matters assigned to the judge unless recusal is appropriate.
[1] Although there are times when disqualification is necessary or appropriate to protect the
rights of litigants and preserve public confidence in the independence, integrity, and impartiality
of the judiciary, judges must be available to decide matters that come before the courts. The
dignity of the court, the judge's respect for fulfillment of judicial duties, and a proper concern for
the burdens that may be imposed upon the judge's colleagues require that a judge not use
disqualification to avoid cases that present difficult, controversial, or unpopular issues.
Source. -- This Rule is derived from Rule 2.7 of the 2007 ABA Code, but substitutes the test of
whether "recusal is appropriate" for whether disqualification "is required by Rule 2.11 or other
law." The Comment is derived from the ABA Comment to Rule 2.7 but adds "or appropriate" in
the first sentence.
Rule 2.8. DECORUM, DEMEANOR, AND COMMUNICATION WITH JURORS
(a) A judge shall require order and decorum in proceedings before the court.
(b) A judge shall be patient, dignified, and courteous to litigants, jurors, witnesses, lawyers,
court staff, court officials, and others with whom the judge deals in an official capacity, and shall
require similar conduct of lawyers, court staff, court officials, and others subject to the judge's
direction and control.
(c) A judge shall not commend or criticize jurors for their verdict other than in a court order or
opinion in a proceeding.
[1] The duty to hear all proceedings with patience and courtesy is not inconsistent with the duty
imposed in Rule 2.5 to dispose promptly of the business of the court. Judges can be efficient and
businesslike while being patient and deliberate.
[2] Commending or criticizing jurors for their verdict may imply a judicial expectation in future
cases and may impair a juror's ability to be fair and impartial in a subsequent case.
[3] A judge who is not otherwise prohibited by law from doing so may meet with jurors who
choose to remain after trial but should be careful not to discuss the merits of the case.
(a) A judge shall not initiate, permit, or consider ex parte communications, or consider other
communications made to the judge out of the presence of the parties or their lawyers, concerning
a pending or impending matter, except as follows:
(1) A judge may initiate, permit, or consider any ex parte communication when expressly
authorized by law to do so.
(2) When circumstances require it, ex parte communication for scheduling, administrative, or
emergency purposes, which does not address substantive matters, is permitted, provided:
(A) the judge reasonably believes that no party will gain a procedural, substantive, or tactical
advantage as a result of the ex parte communication; and
(B) the judge makes provision promptly to notify all other parties of the substance of the ex
parte communication, and gives the parties an opportunity to respond.
(3) A judge may obtain the advice of a disinterested expert on the law applicable to a proceeding
if the judge (A) makes provision promptly to notify all of the parties as to the expert consulted
and the substance of the advice, and (B) affords the parties a reasonable opportunity to respond.
(4) A judge may consult with court staff and court officials whose functions are to aid the judge
in carrying out the judge's adjudicative responsibilities, or with other judges, provided the judge
does not decide a case based on adjudicative facts that are not made part of the record, and does
not abrogate the responsibility personally to decide the matter.
Cross references. -- See Comment [1] to Rule 3.9, permitting a judge to engage in settlement
conferences.
(5) A judge may, with the consent of the parties, confer separately with the parties and their
lawyers as part of a settlement conference conducted pursuant to Rules 17-102 (h) and 17-105
(b).
(6) When serving in a problem-solving court program of a Circuit Court or the District Court
pursuant to Rule 16-206, a judge may initiate, permit, and consider ex parte communications in
conformance with the established protocols for the operation of the program if the parties have
expressly consented to those protocols.
(b) If a judge inadvertently receives an unauthorized ex parte communication bearing upon the
substance of a matter, the judge shall make provision promptly to notify the parties of the
substance of the communication and provide the parties with an opportunity to respond.
(c) A judge shall not investigate adjudicative facts in a matter independently, and shall consider
only the evidence in the record and any facts that may properly be judicially noticed.
(d) A judge shall make reasonable efforts, including providing appropriate supervision, to
ensure that this Rule is not violated by court staff, court officials, and others subject to the
judge's direction and control.
[1] To the extent reasonably possible, all parties or their lawyers shall be included in
communications with a judge.
[2] Whenever the presence of a party or notice to a party is required by this Rule, it is the party's
lawyer, or if the party is self-represented, the party, who is to be present or to whom notice is to
be given.
[3] The proscription against communications concerning a proceeding includes communications

with lawyers, law teachers, and other persons who are not participants in the proceeding, except
to the limited extent permitted by this Rule.
[4] A judge may consult with other judges on pending matters, including a retired judge
approved for recall, but must avoid ex parte discussions of a case with judges who have
previously been disqualified from hearing the matter, and with judges who have appellate
jurisdiction over the matter.
[5] The prohibition against a judge investigating adjudicative facts in a matter extends to
information available in all mediums, including electronic.
[6] A judge may consult ethics advisory committees, outside counsel, or legal experts
concerning the judge's compliance with this Code. Such consultations are not subject to the
restrictions of paragraph (a) (2).
Source. -- This Rule is derived in part from Rule 2.9 of the 2007 ABA Code and in part from
Canon 3B (6) (e) of the former Maryland Code of Judicial Conduct, except paragraph (a) (6) is
new. Comments [1], [2], [3], [4], [5], and [6] are derived from the ABA Comments to that Rule.
Rule 2.10. JUDICIAL STATEMENTS ON PENDING AND IMPENDING CASES
(a) A judge shall abstain from public comment that relates to a proceeding pending or
impending in any court and that might reasonably be expected to affect the outcome or impair
the fairness of that proceeding and shall require similar abstention on the part of court personnel
subject to the judge's direction and control. This Rule does not prohibit a judge from making
public statements in the course of official duties or from explaining for public information the
procedures of the court.
(b) With respect to a case, controversy, or issue that is likely to come before the court, a judge
shall not make a commitment, pledge, or promise that is inconsistent with the impartial
performance of the adjudicative duties of the office.
(c) Notwithstanding the restrictions in paragraphs (a) and (b), a judge may make public
statements in the course of official duties, may explain court procedures, and may comment on
any proceeding in which the judge is a litigant in a non-judicial capacity.
[1] This Rule's restrictions on judicial speech are essential to the maintenance of the
[2] This Rule does not prohibit a judge from commenting on proceedings in which the judge is a
litigant in a personal capacity. In cases in which the judge is a litigant in an official capacity,
such as a writ of mandamus, the judge must not comment publicly.
[3] "Court personnel," as used in paragraph (a) of this Rule does not include the lawyers in a
proceeding before the judge. The comment of lawyers in this regard is governed by Rule 3.6 of
the Maryland Lawyers' Rules of Professional Conduct.
Source. -- This Rule is derived principally from Canon 3B (8) and (9) of the former Maryland
Code of Judicial Conduct, which is largely consistent with Rule 2.10 of the 2007 ABA Code.
Comments [1] and [2] are derived from the ABA Comments to Rule 2.10 of the 2007 ABA
Code. Comment [3] is new.
(a) A judge shall disqualify himself or herself in any proceeding in which the judge's
impartiality might reasonably be questioned, including the following circumstances:
(1) The judge has a personal bias or prejudice concerning a party or a party's lawyer, or personal
knowledge of facts that are in dispute in the proceeding.
(2) The judge knows that the judge, the judge's spouse or domestic partner, or a person within
the third degree of relationship to either of them, or the spouse or domestic partner of such a
person:
(A) is a party to the proceeding, or an officer, director, general partner, managing member, or
trustee of a party;
(B) is acting as a lawyer in the proceeding;
(C) is a person who has more than a de minimis interest that could be substantially affected by
the proceeding; or
(D) is likely to be a material witness in the proceeding.
(3) The judge knows that he or she, individually or as a fiduciary, or any of the following
persons has a significant financial interest in the subject matter in controversy or in a party to the
proceeding:
(A) the judge's spouse or domestic partner;
(B) a person within the third degree of relationship to the judge; or
(C) any other member of the judge's family residing in the judge's household.
(4) The judge, while a judge or a judicial candidate, has made a public statement, other than in a
court proceeding, judicial decision, or opinion, that commits or appears to commit the judge to
reach a particular result or rule in a particular way in the proceeding or controversy.
(5) The judge:
(A) served as a lawyer in the matter in controversy, or was associated with a lawyer who
participated substantially as a lawyer in the matter during such association;
(B) served in governmental employment, and in such capacity participated personally and
substantially as a lawyer or public official concerning the proceeding, or has publicly expressed
in such capacity an opinion concerning the merits of the particular matter in controversy;
(C) previously presided as a judge over the matter in another court; or
(D) is a retired judge who is subject to recusal under Rule 3.9.
(b) A judge shall keep informed about the judge's personal and fiduciary economic interests and
make a reasonable effort to keep informed about the personal economic interests of the judge's
spouse and minor children residing in the judge's household.
(c) A judge subject to disqualification under this Rule, other than for bias or prejudice under
paragraph (a) (1), may disclose on the record the basis of the judge's disqualification and may
ask the parties and their lawyers to consider, outside the presence of the judge and court
personnel, whether to waive disqualification. If, following the disclosure, the parties and lawyers
agree, without participation by the judge or court personnel, that the judge should not be
disqualified, the judge may participate in the proceeding. The agreement shall be incorporated
into the record of the proceeding.
[1] Under this Rule, a judge is disqualified whenever the judge's impartiality might reasonably
be questioned, regardless of whether any of the specific provisions of paragraphs (a) (1) through
(5) apply. In this Rule, "disqualification" has the same meaning as "recusal."
[2] A judge's obligation not to hear or decide matters in which disqualification is required
applies regardless of whether a motion to disqualify is filed.
[3] By decisional law, the rule of necessity may override the rule of recusal. For example, a
judge might be required to participate in judicial review of a judicial salary statute or might be
the only judge available in a matter requiring immediate judicial action, such as a hearing on
probable cause or a temporary restraining order. When the rule of necessity does override the
rule of recusal, the judge must disclose on the record the basis for possible disqualification and,
if practicable, use reasonable efforts to transfer the matter to another judge.
[4] A judge should disclose on the record information that the judge believes the parties or their
lawyers might reasonably consider relevant to a possible motion for disqualification, even if the
judge believes there is no basis for disqualification.
[5] This procedure gives the parties an opportunity to waive the recusal if the judge agrees. The
judge may comment on possible waiver but must ensure that consideration of the question of
waiver is made independently of the judge. A party may act through counsel if counsel
represents on the record that the party has been consulted and consents. As a practical matter, a
judge may request that all parties and their lawyers sign a waiver agreement.
Canon 3D of the former Maryland Code of Judicial Conduct. Comments [1], [2], and [3] are
derived from the ABA Comments to Rule 2.11 of the 2007 ABA Code, with some modifications.
Comments [4] and [5] are new. ABA Rule 2.11 (a) (4) and ABA Comment [6] are not included.
(a) A judge shall require court staff, court officials, and others subject to the judge's direction
and control to act in a manner consistent with the judge's obligations under this Code.
(b) A judge with supervisory authority for the performance of other judges shall take reasonable
measures to ensure that those judges properly discharge their judicial responsibilities, including
the prompt disposition of matters before them.
[1] A judge is responsible for his or her own conduct and for the conduct of others, such as staff,
when those persons are acting at the judge's direction or control. A judge may not direct court
personnel to engage in conduct on the judge's behalf or as the judge's representative when such
conduct would violate this Code if undertaken by the judge.
[2] Public confidence in the judicial system depends upon timely justice. To promote the
efficient administration of justice, a judge with supervisory authority must take the steps needed
to ensure that judges under his or her supervision administer their workloads promptly.
Source. -- This Rule is derived from Rule 2.12 of the 2007 ABA Code. The Comments are
derived from the ABA Comments to that Rule.
(a) In making administrative appointments, a judge:

(1) shall exercise the power of appointment impartially and on the basis of merit; and
(2) shall avoid nepotism, favoritism, and unnecessary appointments.
(b) A judge shall not approve compensation of appointees beyond the fair value of services
rendered.
[1] Appointees of a judge include assigned counsel, officials such as commissioners, special
masters, receivers, and guardians, and personnel such as clerks, secretaries, and bailiffs. Consent
by the parties to an appointment or an award of compensation does not relieve the judge of the
obligation prescribed by paragraph (a).
[2] Unless otherwise defined by law, nepotism is the appointment or hiring of any relative
within the third degree of relationship to either the judge or the judge's spouse or domestic
partner, or the spouse or domestic partner of such relative.
Source. -- This Rule is derived generally from Rule 2.13 of the 2007 ABA Code, although
paragraph (b) of that Rule is not included. Comments [1] and [2] are derived from the ABA
Comments to that Rule, although ABA Comment [3] is not included.
Rule 2.14. DISABILITY AND IMPAIRMENT OF OTHERS
A judge having a reasonable belief that the performance of a lawyer or another judge is impaired
by drugs or alcohol or by a mental, emotional, or physical condition, shall take appropriate
action, which may include a confidential referral to a lawyer or judicial assistance program.
[1] "Appropriate action" means action intended and reasonably likely to help the judge or lawyer
in question to address the problem and prevent harm to the justice system. Depending upon the
circumstances, appropriate action may include speaking directly to the impaired person,
notifying an individual with supervisory responsibility over the impaired person, or making a
referral to an assistance program.
[2] Taking or initiating corrective action by way of referral to an assistance program may satisfy
a judge's responsibility under this Rule. Assistance programs have many approaches for offering
help to impaired judges and lawyers, such as intervention, counseling, or referral to appropriate
health care professionals. Depending upon the gravity of the conduct that has come to the judge's
attention, however, the judge may be required to take other action, such as reporting the impaired
judge or lawyer to the appropriate authority, agency, or body. See Rule 2.15.
(a) A judge shall take or initiate appropriate corrective measures with respect to the
unprofessional conduct of another judge or a lawyer.
(b) If other corrective measures are not appropriate or, if attempted, were not successful, a judge
shall inform the Commission on Judicial Disabilities of facts known to that judge that raise a
substantial question as to another judge's fitness for office.
(c) If other corrective measures are not appropriate or, if attempted, were not successful, a judge
shall inform the Attorney Grievance Commission of facts known to the judge that raise a
substantial question as to a lawyer's honesty, trustworthiness, or fitness as a lawyer in other
respects.
(d) Acts of a judge required or permitted by paragraphs (a), (b), and (c) of this Rule shall be
absolutely privileged.
[1] Permitting a judge to take "corrective" measures gives the judge a wide range of options to
deal with unprofessional conduct. Appropriate corrective measures may include direct
communication with the judge or lawyer who is believed to have committed the violation or
other direct action if available. There may be instances of professional misconduct that would
warrant a private admonition or referral to a bar association counseling service.
Source. -- This Rule is derived from Canon 3F of the former Maryland Code of Judicial Conduct.
(a) A judge shall cooperate and be candid and honest with judicial and lawyer disciplinary
agencies.
(b) A judge shall not retaliate, directly or indirectly, against a person known or suspected to have
assisted or cooperated with an investigation of a judge or a lawyer.
[1] Cooperation with investigations and proceedings of judicial and lawyer discipline agencies,
as required in paragraph (a) of this Rule, instills confidence in judges' commitment to the
integrity of the judicial system and the protection of the public.
Source. -- This Rule is derived from Rule 2.16 of the 2007 ABA Code. The Comment is derived
from the ABA Comment to that Rule.
SECTION 3.
RULES GOVERNING EXTRAJUDICIAL ACTIVITY
Rule 3.1. EXTRAJUDICIAL ACTIVITIES IN GENERAL
A judge may engage in extrajudicial activities, except as prohibited by law or this Code. When
engaging in extrajudicial activities, a judge shall not:
(a) participate in activities that will interfere with the proper performance of the judge's judicial
duties;
(b) participate in activities that will lead to frequent disqualification of the judge;
(c) participate in activities that would appear to a reasonable person to undermine the judge's
independence, integrity, or impartiality;
(d) engage in conduct that would appear to a reasonable person to be coercive; or
(e) make inappropriate use of court premises, staff, stationery, equipment, or other resources.
[1] To the extent that time permits, and judicial independence and impartiality are not
compromised, judges are encouraged to engage in appropriate extrajudicial activities. Judges are
uniquely qualified to engage in extrajudicial activities that concern the law, the legal system, and
the administration of justice, such as by speaking, writing, teaching, or participating in scholarly
research projects. In addition, judges are permitted and encouraged to engage in educational,
religious, charitable, fraternal, or civic extrajudicial activities not conducted for profit, even
when the activities do not involve the law. See Rule 3.7.
[2] Participation in both law-related and other extrajudicial activities helps integrate judges into
their communities and furthers public understanding of and respect for courts and the judicial
system.
[3] Discriminatory actions and expressions of bias or prejudice by a judge, even outside the
judge's official or judicial actions, are likely to appear to a reasonable person to call into question
the judge's integrity and impartiality. Examples include jokes or other remarks that demean
individuals based upon their race, sex, gender, religion, national origin, ethnicity, disability, age,
sexual orientation, or socioeconomic status. For the same reason, a judge's extrajudicial activities
must not be conducted in connection or affiliation with an organization that practices invidious
discrimination. See Rule 3.6.
[4] While engaged in permitted extrajudicial activities, judges must not coerce others or take
action that would reasonably be perceived as coercive. For example, depending upon the
circumstances, a judge's solicitation of contributions or memberships for an organization, even as
permitted by Rule 3.7 (a), might create the risk that the person solicited would feel obligated to
respond favorably, or would do so to curry favor with the judge.
Rule 3.2. APPEARANCES BEFORE GOVERNMENTAL BODIES AND CONSULTATION WITH

GOVERNMENT OFFICIALS
A judge shall not appear voluntarily at a public hearing before, or otherwise consult with, an
executive or a legislative body or official, except:
(a) in connection with matters concerning the law, the legal system, or the administration of
justice;
(b) in connection with matters about which the judge acquired knowledge or expertise in the
course of the judge's judicial duties; or
(c) when the judge is acting self-represented in a matter involving the judge's legal or economic
interests, or when the judge is acting in a fiduciary capacity.
[1] Judges possess special expertise in matters of law, the legal system, and the administration of
justice, and may properly share that expertise with governmental bodies and executive or
legislative branch officials.
[2] In appearing before governmental bodies or consulting with government officials, judges
must be mindful that they remain subject to other provisions of this Code, such as Rule 1.3,
prohibiting judges from using the prestige of office to advance their own or others' interests,
Rule 2.10, governing public comment on pending and impending matters, and Rule 3.1 (c),
prohibiting judges from engaging in extrajudicial activities that would appear to a reasonable
person to undermine the judge's independence, integrity, or impartiality.
[3] In general, it would be an unnecessary and unfair burden to prohibit judges from appearing
before governmental bodies or consulting with government officials on matters that are likely to
affect them as private persons, such as zoning proposals affecting their real property. In engaging
in such activities, however, judges must not refer to their judicial positions, and must otherwise
exercise caution to avoid using the prestige of judicial office.
A judge shall not testify as a character witness in a judicial, administrative, or other adjudicatory
proceeding or otherwise vouch for the character of a person in a legal proceeding, except when
duly summoned.
[1] A judge who, without being subpoenaed, testifies as a character witness abuses the prestige
of judicial office to advance the interests of another. See Rule 1.3. Except in unusual
circumstances where the demands of justice require, a judge should discourage a party from
requiring the judge to testify as a character witness.
Source. -- This Rule is derived from Rule 3.3 of the 2007 ABA Code. The Comment is derived
from the ABA Comment to that Rule.
Rule 3.4. APPOINTMENT TO GOVERNMENTAL POSITIONS
A judge shall not accept appointment to a governmental committee, board, commission, or other
governmental position, unless it is one that concerns the law, the legal system, or the
administration of justice.
[1] Rule 3.4 implicitly acknowledges the value of judges accepting appointments to entities that
concern the law, the legal system, or the administration of justice. Even in such instances,
however, a judge should assess the appropriateness of accepting an appointment, paying
particular attention to the subject matter of the appointment and the availability and allocation of
judicial resources, including the judge's time commitments, and giving due regard to the
requirements of the independence and impartiality of the judiciary.
[2] A judge may not accept a governmental appointment that could interfere with the
effectiveness and independence of the judiciary, assume or discharge an executive or legislative
power, or hold another "office" under the Constitution or laws of the United States or the State of
Maryland. See Maryland Declaration of Rights, Articles 8, 33, and 35.
[3] A judge may represent his or her country, State, or locality on ceremonial occasions or in
connection with historical, educational, or cultural activities. Such representation does not
constitute acceptance of a government position.
Committee note. -- Although the Judicial Ethics Committee has concluded that the Supremacy
Clause of the U.S. Constitution may allow service in reserve components of the armed forces
that otherwise might be precluded under this Code, such as service as a judge advocate or
military judge, the Attorney General, rather than the Judicial Ethics Committee, traditionally has
rendered opinions with regard to issues of dual or incompatible offices.
Source. -- This Rule is derived from Rule 3.4 of the 2007 ABA Code. Comments [1] and [3] are
derived from the ABA Comments to that Rule. Comment [2] and the Committee note are derived
from the Comment and Committee note to Canon 4C of the former Maryland Code of Judicial
Conduct.
A judge shall not intentionally disclose or use nonpublic information acquired in a judicial
capacity for any purpose unrelated to the judge's judicial duties. Nonpublic information means
information that is not available to the public. It may include information that is (a) sealed or
shielded pursuant to law or court order, (b) impounded, (c) communicated in camera, or (d)
offered in grand jury proceedings, pre-sentencing reports, dependency cases, or psychiatric
reports.
[1] In the course of performing judicial duties, a judge may acquire information of commercial
or other value that is unavailable to the public. The judge must not reveal or use such information
for personal gain or for any purpose unrelated to his or her judicial duties.
[2] This Rule is not intended, however, to affect a judge's ability to act on information as
necessary to protect the health or safety of the judge or a member of a judge's family, court
personnel, or other judicial officers.
Source. -- The first sentence of this Rule is derived from Rule 3.5 of the 2007 ABA Code. The
second sentence is derived from the Terminology section of the 2007 ABA Code. The
Comments are derived from the ABA Comments to Rule 3.5 of the 2007 ABA Code, except that
Comment [2] is modified to eliminate the words "if consistent with other provisions of this
Code."
(a) A judge shall not hold membership in any organization that practices invidious
discrimination on the basis of race, sex, gender, religion, national origin, ethnicity, or sexual
orientation.
(b) A judge shall not use the benefits or facilities of an organization if the judge knows or should
know that the organization practices invidious discrimination on one or more of the bases
identified in paragraph (a). A judge's attendance at an event in a facility of an organization that
the judge is not permitted to join is not a violation of this Rule when the judge's attendance is an
isolated event that could not reasonably be perceived as an endorsement of the organization's
practices.
[1] A judge's public manifestation of approval of invidious discrimination on any basis gives
rise to the appearance of impropriety and diminishes public confidence in the integrity and
impartiality of the judiciary. A judge's membership in an organization that practices invidious
discrimination creates the perception that the judge's impartiality is impaired.
[2] An organization is generally said to discriminate invidiously if it arbitrarily excludes from

membership on the basis of race, sex, gender, religion, national origin, ethnicity, or sexual
orientation persons who would otherwise be eligible for admission. Whether an organization
practices invidious discrimination is a complex question to which judges should be attentive. The
answer cannot be determined from a mere examination of an organization's current membership
rolls, but rather, depends upon how the organization selects members, as well as other relevant
factors, such as whether the organization is dedicated to the preservation of religious, ethnic, or
cultural values of legitimate common interest to its members, or whether it is an intimate, purely
private organization whose membership limitations could not constitutionally be prohibited.
[3] When a judge learns that an organization to which the judge belongs engages in invidious
discrimination, the judge must resign immediately from the organization.
[4] A judge's membership in a religious organization as a lawful exercise of the freedom of

religion is not a violation of this Rule.
[5] This Rule does not apply to national or state military service.
Rule 3.7. PARTICIPATION IN EDUCATIONAL, RELIGIOUS, CHARITABLE, FRATERNAL,
OR CIVIC ORGANIZATIONS AND ACTIVITIES
(a) Subject to the requirements of Rules 3.1 and 3.6, a judge may participate in activities
sponsored by organizations or governmental entities concerned with the law, the legal system, or
the administration of justice, and those sponsored by or on behalf of educational, religious,
charitable, fraternal, or civic organizations not conducted for profit, including the following
activities:
(1) assisting such an organization or entity in planning related to fund-raising, and participating
in the management and investment of the organization's or entity's funds;
(2) soliciting contributions for such an organization or entity, but only from members of the
judge's family, or from judges over whom the judge does not exercise supervisory or appellate
authority;
(3) soliciting membership for such an organization or entity, even though the membership dues
or fees generated may be used to support the objectives of the organization or entity, but only if
the organization or entity is concerned with the law, the legal system, or the administration of
justice;
(4) appearing or speaking at, receiving an award or other recognition at, being featured on the
program of, and permitting his or her title to be used in connection with an event of such an
organization or entity, but if the event serves a fund-raising purpose, the judge may participate
only if the event concerns the law, the legal system, or the administration of justice;
(5) making recommendations to such a public or private fund-granting organization or entity in

connection with its programs and activities, but only if the organization or entity is concerned
with the law, the legal system, or the administration of justice; and
(6) serving as an officer, director, trustee, or nonlegal advisor of such an organization or entity,
unless it is likely that the organization or entity:
(A) will be engaged in proceedings that would ordinarily come before the judge; or
(B) will frequently be engaged in adversary proceedings in the court of which the judge is a
member, or in any court subject to the appellate jurisdiction of the court of which the judge is a
member.
(b) A judge may encourage but not coerce lawyers to provide pro bono publico legal services.
[1] The activities permitted by paragraph (a) generally include those sponsored by or undertaken
on behalf of public or private not-for-profit educational institutions, and other not-for-profit
organizations, including law-related, charitable, and other organizations.
[2] Even for law-related organizations, a judge should consider whether the membership and
purposes of the organization or the nature of the judge's participation in or association with the
organization would conflict with the judge's obligation to refrain from activities that reflect
adversely upon a judge's independence, integrity, and impartiality.
[3] Mere attendance at an event, whether or not the event serves a fund-raising purpose, does not
constitute a violation of paragraph (a) (4). It is also generally permissible for a judge to serve as
an usher or a food server or preparer, or to perform similar functions, at fund-raising events
sponsored by educational, religious, charitable, fraternal, or civic organizations. Such activities
are not solicitation and do not present an element of coercion or abuse the prestige of judicial
office.
[4] Identification of a judge's position in educational, religious, charitable, fraternal, or civic

organizations on letterhead used for fund-raising or membership solicitation does not violate this
Rule. The letterhead may list the judge's title or judicial office if comparable designations are
used for other persons.
[5] In addition to appointing lawyers to serve as counsel for indigent parties in individual cases,
a judge may promote broader access to justice by encouraging lawyers to participate in pro bono
publico legal services, if in doing so the judge does not employ coercion, or abuse the prestige of
judicial office. Such encouragement may take many forms, including providing lists of available
programs, training lawyers to do pro bono publico legal work, and participating in events
recognizing lawyers who have done pro bono publico work.
Source. -- This Rule is derived from Rule 3.7 of the 2007 ABA Code with some modifications.
The Comments are derived from the ABA Comments to that Rule.
(a) A judge shall not accept appointment to serve in a fiduciary position, such as executor,
administrator, trustee, guardian, attorney in fact, or other personal representative, except for the
estate, trust, or person of a member of the judge's family, and then only if such service will not
interfere with the proper performance of judicial duties.
(b) A judge shall not serve in a fiduciary position if the judge as fiduciary will likely be engaged
in proceedings that would ordinarily come before the judge, or if the estate, trust, or ward
becomes involved in adversary proceedings in the court on which the judge serves, or one under
its appellate jurisdiction.
(c) A judge acting in a fiduciary capacity shall be subject to the same restrictions on engaging in
financial activities that apply to a judge personally.
(d) If a person who is serving in a fiduciary position becomes a judge, he or she must comply
with this Rule as soon as reasonably practicable, but in no event later than one year after
becoming a judge.
(e) Paragraph (a) of this Rule does not apply to retired judges approved for recall under
Maryland Constitution, Article IV, 3A.
[1] A judge should recognize that other restrictions imposed by this Code may conflict with a
judge's obligations as a fiduciary; in such circumstances, a judge should resign as fiduciary. For
example, serving as a fiduciary might require frequent disqualification of a judge under Rule
2.11 because a judge is deemed to have an economic interest in shares of stock held by a trust if
the amount of stock held is more than de minimis.
Source. -- Paragraphs (a) through (d) of this Rule are derived from Rule 3.8 of the 2007 ABA
Code. Paragraph (e) is derived from Canon 6C of the former Maryland Code of Judicial
Conduct. The Comment is derived from the ABA Comment to Rule 3.8 of the 2007 ABA Code.
(a) A judge shall not act as an arbitrator or a mediator or perform other judicial functions apart
from the judge's official duties unless expressly authorized by law.
(b) A retired judge who is approved for recall for temporary service under Maryland
Constitution, Article IV, 3A may conduct alternative dispute resolution (ADR) proceedings in a
private capacity only if the judge:
(1) conducts no ADR proceedings in a private capacity relating to a case in which the judge
currently is presiding;
(2) is not affiliated with a law firm, regardless of whether the law firm also offers ADR services;
(3) discloses to the parties in each judicial proceeding over which the judge presides:
(A) the judge's professional association with any entity that is engaged in offering ADR
services;
(B) whether the judge is conducting, or has conducted within the previous 12 months, an ADR
proceeding involving any party, attorney, or law firm involved in the judicial proceeding pending
before the judge; and
(C) any negotiations or agreements for future ADR services involving the judge and any of the
parties or counsel to the case; and
(4) except if there is no disqualification by agreement as permitted by Rule 2.11 (c), does not
preside over a judicial proceeding in which the judge's impartiality might reasonably be
questioned because of ADR services engaged in or offered by the judge.
Committee note. -- A retired judge approved for recall may affiliate with an entity that
exclusively is engaged in offering ADR services but may not affiliate with any entity that also is
engaged in the practice of law.
[1] Except as provided in paragraph (b), this Rule does not prohibit a judge from participating in
arbitration, mediation, or settlement conferences performed as part of assigned judicial duties.
Rendering dispute resolution services apart from those duties, whether or not for economic gain,
is prohibited unless it is expressly authorized by law.
Source. -- Paragraph (a) of this Rule is derived from Rule 3.9 of the 2007 ABA Code. Paragraph
(b) and the Committee note are derived from Canon 4F (2) of the former Maryland Code of
Judicial Conduct and the Committee note thereto. The Comment is derived from the ABA
Comment to Rule 3.9 of the 2007 ABA Code.
(a) In General. Except as expressly allowed by this Rule, a judge shall not practice law.
(b) Exceptions.
(1) A judge may act self-represented in a matter involving the judge or the judge's interest and,
if without compensation, may give legal advice to and draft or review documents for a member
of the judge's family.
(2) To the extent expressly allowed by law and subject to other applicable provisions of this
Code, a part-time judge of an orphans' court who is a lawyer may practice law, provided that:
(A) the judge shall not use the judge's judicial office to further the judge's success in the practice
of law; and
(B) the judge shall not practice or appear as an individual in a matter involving the judge or the
judge's interest in the court on which the judge serves, even if another judge is presiding.
Cross references. -- See Code, Estates and Trusts Article, 2-109 for restrictions on the practice
of law by a part-time judge of an orphans' court.
[1] A judge may act self-represented in all legal matters, including matters involving litigation
and matters involving appearances before or other dealings with governmental bodies. A judge
must not use the prestige of office to advance the judge's personal or family interests. See Rule
1.3.
[2] Paragraphs (a) and (b) (1) of this Rule limit the practice of law in a representative capacity
but not in a self- represented capacity. A judge may act for himself or herself in all legal matters,
including matters involving litigation and matters involving appearances before or other dealings
with legislative and other governmental bodies. In so doing, however, a judge must not abuse the
prestige of office for any reason, including advancement of an interest of the judge or the judge's
family. See Rules 2.4 (b) and 3.2 (c).
[3] This Rule allows a judge to give legal advice to, and draft legal documents for, a member of
the judge's family. Except for a part-time orphans' court judge allowed to practice law, however,
a judge must not receive any compensation from, or act as an advocate or negotiator for, a
member of the judge's family in a legal matter.
Source. -- This Rule is derived from Canon 4G of the former Maryland Code of Judicial
Conduct. Comment [1] is derived from the ABA Comment to Rule 3.10 of the 2007 ABA Code.
Comments [2] and [3] are derived from the Comment to Canon 4G of the former Maryland Code
of Judicial Conduct.
Rule 3.11. FINANCIAL, BUSINESS, OR REMUNERATIVE ACTIVITIES
(a) A judge may hold and manage investments of the judge and members of the judge's family.
(b) Except as permitted by Rule 3.7, a judge shall not serve as an officer, director, manager,
general partner, advisor, or employee of any business entity except that a judge may manage or
participate in:
(1) a business closely held by the judge or members of the judge's family; or
(2) a business entity primarily engaged in investment of the financial resources of the judge or
members of the judge's family.
(c) A judge shall not engage in financial activities permitted under paragraphs (a) or (b) if they
will:
(1) interfere with the proper performance of judicial duties;
(2) lead to frequent disqualification of the judge;
(3) involve the judge in frequent transactions or continuing business relationships with lawyers
or other persons likely to come before the court on which the judge serves; or
(4) result in violation of other provisions of this Code.
(d) This Rule does not apply to retired judges approved for recall under Maryland Constitution,
Article IV, 3A.
[1] Judges are generally permitted to engage in financial activities, including managing real
estate and other investments for themselves or for members of their families. Participation in
these activities, like participation in other extrajudicial activities, is subject to the requirements of
this Code. For example, it would be improper for a judge to spend so much time on business
activities that it interferes with the performance of judicial duties. See Rule 2.1. Similarly, it
would be improper for a judge to use his or her official title or appear in judicial robes in
business advertising, or to conduct his or her business or financial affairs in such a way that
disqualification is frequently required. See Rules 1.3 and 2.11.
[2] As soon as practicable without serious financial detriment, the judge must divest himself or
herself of investments and other financial interests that might require frequent disqualification or
otherwise violate this Rule.
Source. -- Paragraphs (a), (b), and (c) of this Rule are derived from Rule 3.11 of the 2007 ABA
Code and the Comments are derived from the ABA Comments to that Rule. Paragraph (d) is
derived from Canon 6C of the former Maryland Code of Judicial Conduct.
Rule 3.12. COMPENSATION FOR EXTRAJUDICIAL ACTIVITIES
A judge may accept reasonable compensation for extrajudicial activities permitted by this Code
or other law unless such acceptance would appear to a reasonable person to undermine the
judge's independence, integrity, or impartiality.
Cross references. -- See Rule 3.9 requiring certain disclosures and action by retired judges
approved for recall who provide alternative dispute resolution services.
[1] A judge is permitted to accept honoraria, stipends, fees, wages, salaries, royalties, or other
compensation for speaking, teaching, writing, and other extrajudicial activities, provided the
compensation is reasonable and commensurate with the task performed. The judge should be
mindful, however, that judicial duties must take precedence over other activities. See Rule 2.1,
Code, Family Law Article, 2-406 and 2-410, and Md. Rules 16-821 through 16-824.
[2] Compensation derived from extrajudicial activities may be subject to public reporting. See
Rule 3.15.
Rule 3.13. ACCEPTANCE OF GIFTS, LOANS, BEQUESTS, BENEFITS, OR OTHER THINGS

OF VALUE
(a) A judge shall not accept any gifts, loans, bequests, benefits, or other things of value, if
acceptance is prohibited by law or would appear to a reasonable person to undermine the judge's
independence, integrity, or impartiality.
(b) Unless otherwise prohibited by law, or by paragraph (a), a judge may accept the following:
(1) items with little intrinsic value, such as plaques, certificates, trophies, and greeting cards;
(2) gifts, loans, bequests, benefits, or other things of value from friends, relatives, or other
persons, including lawyers, whose appearance or interest in a proceeding pending or impending
before the judge would in any event require disqualification of the judge under Rule 2.11;
(3) ordinary social hospitality;
(4) commercial or financial opportunities and benefits, including special pricing and discounts,
and loans from lending institutions in their regular course of business, if the same opportunities
and benefits or loans are made available on the same terms to similarly situated persons who are
not judges;
(5) rewards and prizes given to competitors or participants in random drawings, contests, or
other events that are open to persons who are not judges;
(6) scholarships, fellowships, and similar benefits or awards, if they are available to similarly
situated persons who are not judges, based upon the same terms and criteria;
(7) books, magazines, journals, audiovisual materials, and other resource materials supplied by
publishers on a complimentary basis for official use;
(8) gifts, awards, or benefits associated with the business, profession, or other separate activity
of a spouse, a domestic partner, or other family member of a judge residing in the judge's
household, but that incidentally benefit the judge;
(9) gifts incident to a public testimonial; or
(10) invitations to the judge and the judge's spouse, domestic partner, or guest to attend without
charge:
(A) an event associated with a bar-related function or other activity relating to the law, the legal
system, or the administration of justice; or
(B) an event associated with any of the judge's educational, religious, charitable, fraternal or
civic activities permitted by this Code, if the same invitation is offered to nonjudges who are
engaged in similar ways in the activity as is the judge.
[1] Whenever a judge accepts a gift or other thing of value without paying fair market value,
there is a risk that the benefit might be viewed as intended to influence the judge's decision in a
case. Rule 3.13 imposes restrictions upon the acceptance of such benefits, according to the
magnitude of the risk. Paragraph (b) identifies circumstances in which the risk that the
acceptance would appear to undermine the judge's independence, integrity, or impartiality is low.
As the value of the benefit or the likelihood that the source of the benefit will appear before the
judge increases, the judge is prohibited under paragraph (a) from accepting the gift.
[2] Gift-giving between friends and relatives is a common occurrence, and ordinarily does not
create an appearance of impropriety or cause reasonable persons to believe that the judge's
independence, integrity, or impartiality has been compromised. In addition, when the appearance
of friends or relatives in a case would require the judge's disqualification under Rule 2.11, there
would be no opportunity for a gift to influence the judge's decision-making. Paragraph (b)(2)
places no restrictions upon the ability of a judge to accept gifts or other things of value from
friends or relatives under these circumstances.
[3] Businesses and financial institutions frequently make available special pricing, discounts,
and other benefits, either in connection with a temporary promotion or for preferred customers,
based upon longevity of the relationship, volume of business transacted, and other factors. A
judge may freely accept such benefits if they are available to the general public, or if the judge
qualifies for the special price or discount according to the same criteria as are applied to persons
who are not judges. As an example, loans provided at generally prevailing interest rates are not
gifts, but a judge could not accept a loan from a financial institution at below-market interest
rates unless the same rate was being made available to the general public for a certain period of
time or only to borrowers with specified qualifications that the judge also possesses.
[4] Rule 3.13 applies only to acceptance of gifts or other things of value by a judge.
Nonetheless, if a gift or other benefit is given to the judge's spouse, domestic partner, or member
of the judge's family residing in the judge's household, it may be viewed as an attempt to evade
Rule 3.13 and influence the judge indirectly. Where the gift or benefit is being made primarily to
such other persons, and the judge is merely an incidental beneficiary, this concern is reduced. A
judge should, however, remind family and household members of the restrictions imposed upon
judges and urge them to take these restrictions into account when making decisions about
accepting such gifts or benefits.
[5] Rule 3.13 does not apply to contributions to a judge's campaign for judicial office.
Source. -- This Rule is derived from Rule 3.13 of the 2007 ABA Code, except that paragraph (c)
(3) is eliminated, paragraphs (c) (1) and (2) are added to paragraph (b) and provisions relating to
the reporting of gifts are covered in Rule 3.15. The Comments are derived from the ABA
Comments to Rule 3.13 of the 2007 ABA Code.
(a) Unless otherwise prohibited by Rule 3.1, Rule 3.13 (a), or other law, a judge may accept
reimbursement of necessary and reasonable expenses for travel, food, lodging, or other incidental
expenses, or a waiver or partial waiver of fees or charges for registration, tuition, and similar
items, from sources other than the judge's employing entity, if the expenses or charges are
associated with the judge's participation in extrajudicial activities permitted by this Code.
(b) Reimbursement of expenses for necessary travel, food, lodging, or other incidental expenses
shall be limited to the actual costs reasonably incurred by the judge and, when appropriate to the
occasion, by the judge's spouse, domestic partner, or guest.
[1] Educational, civic, religious, fraternal, and charitable organizations often sponsor meetings,
seminars, symposia, dinners, awards ceremonies, and similar events. Judges are encouraged to
attend educational programs, as both teachers and participants, in law-related and academic
disciplines, in furtherance of their duty to remain competent in the law. Participation in a variety
of other extrajudicial activities is also permitted and encouraged by this Code.
[2] Not infrequently, sponsoring organizations invite certain judges to attend seminars or other
events on a fee-waived or partial-fee-waived basis, and sometimes include reimbursement for
necessary travel, food, lodging, or other incidental expenses. A judge's decision whether to
accept reimbursement of expenses or a waiver or partial waiver of fees or charges in connection
with these or other extrajudicial activities must be based upon an assessment of all the
circumstances. The judge must undertake a reasonable inquiry to obtain the information
necessary to make an informed judgment about whether acceptance would be consistent with the
requirements of this Code.
[3] A judge must assure himself or herself that acceptance of reimbursement or fee waivers
would not appear to a reasonable person to undermine the judge's independence, integrity, or
impartiality. The factors that a judge should consider when deciding whether to accept
reimbursement or a fee waiver for attendance at a particular activity include:
(a) whether the sponsor is an accredited educational institution or bar association rather than a
trade association or a for-profit entity;
(b) whether the funding comes largely from numerous contributors rather than from a single
entity and is earmarked for programs with specific content;
(c) whether the content is related or unrelated to the subject matter of litigation pending or
impending before the judge, or to matters that are likely to come before the judge;
(d) whether the activity is primarily educational rather than recreational, and whether the costs
of the event are reasonable and comparable to those associated with similar events sponsored by
the judiciary, bar associations, or similar groups;
(e) whether information concerning the activity and its funding sources is available upon
inquiry;
(f) whether the sponsor or source of funding is generally associated with particular parties or
interests currently appearing or likely to appear in the judge's court, thus possibly requiring
disqualification of the judge under Rule 2.11;
(g) whether differing viewpoints are presented; and
(h) whether a broad range of judicial and nonjudicial participants are invited, whether a large
number of participants are invited, and whether the program is designed specifically for judges.
A judge must accurately complete and timely file an annual Statement of Financial Interests on
the form and as otherwise prescribed by the Court of Appeals pursuant to Md. Rule 16-815.
Source. -- This Rule is derived from Md. Rule 16-815.

SECTION 4.
RULES GOVERNING POLITICAL ACTIVITY
(a) Applicant
(1) "Applicant" means a person who has applied for appointment by the Governor to a judicial
office.
(2) The person becomes an applicant when the person files an application with a judicial
nominating commission and remains an applicant until the Governor makes an appointment to
that judicial office unless, prior to that time, the person formally withdraws the application.
(3) If the person is not appointed but, pursuant to an Executive Order of the Governor or other
law, remains eligible for appointment to another judicial office without a further application to or
recommendation from the judicial nominating commission, the person remains an applicant until
the Governor makes an appointment to that other judicial office, unless, prior to that time, the
person formally withdraws the application.
Cross references. -- Executive Order 01.01.2008.04
(b) Candidate
"Candidate" means a candidate for election or a District Court candidate for retention.
(c) Candidate for election
(1) "Candidate for election" means a person who:
(A) seeks initial election to a Circuit Court or an Orphans' Court;
(B) is an incumbent judge of a Circuit Court or Orphans' Court and seeks to retain that office
through an election conducted pursuant to Art. IV, 3, 5, or 40 of the Maryland Constitution; or
(C) is an incumbent judge of the Court of Appeals or Court of Special Appeals and seeks to
retain that office through a retention election conducted pursuant to Art. IV, 5A of the
Maryland Constitution.
(2) A person becomes a candidate for election:
(A) as to a newly appointed judge, from the date the judge takes the oath of office;
(B) as to any other incumbent judge, from the earlier of:

(i) the date two years prior to the general election pertaining to that judge's re-election or
subsequent retention; or
(ii) the date on which a newly appointed judge to that court becomes a candidate in the same
general election.
(C) as to a judge who seeks election to another judicial office, the earlier of:
(i) the date on which the judge files a certificate of candidacy in accordance with Maryland
election laws, but no earlier than two years prior to the general election for that office; or
(ii) the date on which a newly appointed judge to that court becomes a candidate in the same
general election; and
(D) as to a lawyer who seeks a judicial office, the date on which the lawyer files a certificate of
candidacy in accordance with Maryland election laws, but no earlier than two years prior to the
general election for the office.
(3) A person who becomes a candidate under paragraph (c) remains a candidate until the
general election for the office unless, prior to that time, the person files a formal withdrawal of
candidacy in accordance with Maryland election laws.
(d) District Court Candidate for Retention
"District Court candidate for retention" means an incumbent judge of the District Court who
seeks retention for an additional term pursuant to Art. IV, 41D of the Maryland Constitution. A
District Court judge becomes a candidate for retention from the date one year prior to the
expiration of the judge's current term.
(e) Political organization
"Political organization" includes a political party, a political committee, and a partisan

organization, as those terms are defined in Maryland Code, Election Article, 1-101.
Source. -- These definitions are new.
[1] This Rule is new. It is intended to reflect and focus on the different ways in which judges in
Maryland are selected and retained. See Maryland Constitution, Art. IV, 5A (appellate judges),
3 and 5 (Circuit Court judges), 41D (District Court judges), and 40 (Orphans' Court
judges).
(a) In all cases, a vacancy is filled by appointment by the Governor. The appointment of
appellate, District Court, and Orphans' Court judges requires the advice and consent of the
Senate; the appointment of Circuit Court judges does not.
(b) Appellate judges then face an uncontested plebiscite election (yes or no for continuance in
office) for an additional 10-year term, following which they face another such election for a
succeeding term.
(c) Circuit Court judges face a potentially contested primary and general election for a 15-year
term, at the end of which, in order to remain in office, they must be appointed by the Governor
for a "bridge" term until the next election and then prevail in that election.
(d) District Court judges do not face election but receive a 10-year term, at the end of which,
they must be reappointed by the Governor subject to confirmation by the Senate.
(e) Orphans' Court judges face a potentially contested primary and general election every four
years.
[2] The first context, applicable to all appellate, Circuit Court, and District Court judges and
many Orphans' Court judges, is initial appointment by the Governor to fill a vacancy. Except for
Orphans' Court judges, that requires an application to and consideration by a judicial nominating
commission, which normally interviews the applicants, receives information and
recommendations from Bar Associations, other interested groups, and members of the public,
and sends to the Governor a list of recommended applicants. The Governors have agreed,
expressly or tacitly, to appoint from the list of applicants recommended by the applicable
nominating commission. The applicants may be lawyers seeking initial appointment to the
Bench, incumbent Circuit Court judges seeking reappointment, upon the expiration of their 15-
year term, for a "bridge" period until the next election, or other judges seeking appointment to a
different court. Rule 4.1 (a) defines those persons as "applicants."
[3] A person seeking election, either through a potentially contested election (Circuit Court and
Orphans' Court) or through a plebiscite-type retention election (appellate judges), is defined in
Rule 4.1 (c) as a "candidate for election." A District Court judge, at the end of the 10-year term,
faces confirmation by the Senate for an additional term. That judge is not a candidate for
election but is defined in Rule 4.1 (d) as a "District Court candidate for retention."
[4] The remaining Rules in Section 4 specify the political activity allowed or not allowed to
persons falling within those categories, as well as to incumbent judges who are not within any of
them.
[5] Even when subject to election, a judge plays a role different from that of a legislator or
executive branch official. Rather than making decisions based on the expressed views or
preferences of the electorate, a judge makes decisions based on the law and the facts of each
case. In furtherance of that interest, judges and candidates for judicial office must, to the greatest
extent possible, be free and appear to be free from political influence and political pressure. The
Rules in Section 4 impose narrowly tailored restrictions on the political and campaign activities
of all judges and candidates for judicial office.
Source. -- This Rule and Comments [1] through [4] are new. Comment [5] is derived from ABA
Comment [1] to Rule 4.1 of the 2007 ABA Code.
Rule 4.2. POLITICAL CONDUCT OF JUDGE WHO IS NOT A CANDIDATE
(a) A judge who is not a candidate shall not engage in any partisan political activity.
(b) A judge shall resign when the judge becomes a candidate for a non-judicial office, except
that a judge may continue to hold judicial office while a candidate for election as a delegate to a
Maryland Constitutional Convention.
Source. -- Rule 4.2 is derived from former Md. Code of Judicial Conduct Canon 5A.
An applicant for judicial office may initiate communications or contact with a judicial
nominating commission or its members and may seek endorsements for the appointment from
any other person or organization, other than a political organization.
[1] Rule 4.3 is derived in part from Rule 4.3 of the 2007 ABA Code but departs from it in one
important respect. Under Rule 4.3, an applicant may initiate communications or contact with a
judicial nominating commission or its members, but neither the Commission nor its members are
obliged to respond to such communications or contact. Applicants may appear for interviews
before the commission and may respond to questions or inquiries from commission members,
and they may solicit endorsements from other persons or organizations (other than a political
organization). If they have a question regarding the procedure or their application, they may
contact the Administrative Office of the Courts.
Source. -- This Rule is derived from Rule 4.3 of the 2007 ABA Code. The Comment is new.
A candidate for election:
(a) shall comply with all applicable election laws and regulations;
(b) shall act at all times in a manner consistent with the independence, integrity, and impartiality
of the judiciary and maintain the dignity appropriate to judicial office;
(c) subject to the other provisions of this Rule, may engage in partisan political activity allowed
by law with respect to such candidacy, and, in that regard:
(1) may publicly endorse or oppose candidates for the same judicial office;
(2) may attend or purchase tickets for dinners or other events sponsored by a political
organization or a candidate for public office; and
(3) may seek, accept, and use endorsements from any person or organization; but
(4) shall not act as a leader in or hold office in a political organization, make a speech for a
candidate or political organization, or publicly endorse a candidate for non- judicial office.
(d) As to statements and materials made or produced during a campaign:
(1) shall review, approve, and be responsible for the content of all campaign statements and
materials produced by the candidate or by the candidate's campaign committee or other
authorized agents;
(2) shall take reasonable measures to ensure that other persons do not undertake on behalf of the
candidate activities that the candidate is prohibited from doing by this Rule;
(3) with respect to a case, controversy, or issue that is likely to come before the court, shall not
make a commitment, pledge, or promise that is inconsistent with the impartial performance of
the adjudicative duties of the office;
(4) shall not make any statement that would reasonably be expected to affect the outcome or
impair the fairness of a matter pending or impending in any court;
(5) shall not knowingly, or with reckless disregard for the truth, misrepresent the candidate's
identity or qualifications, the identity or qualifications of an opponent, or any other fact, or make
any false or misleading statement;
(6) may speak or write on behalf of the candidate's candidacy through any medium, including
advertisements, websites, or other campaign literature; and
(7) subject to paragraph (b) of this Rule, may respond to a personal attack or an attack on the
candidate's record.
[1] This Rule is derived in part from former Md. Code of Judicial Conduct Canon 5B and from
the 2007 ABA Code, but it has been substantially reorganized into three basic segments: general
requirements (paragraphs (a) and (b)); the extent to which candidates for election may engage in
partisan political conduct (paragraph (c)); and the rules governing campaign statements
(paragraph (d)).
[2] Rule 4.4 (a) requires candidates for election to comply with all election laws and regulations.
The Election Law Article of the Maryland Code contains laws governing candidates, campaign
contributions, finance, expenditures, and reporting. Those requirements are supplemented by
regulations adopted by the State Board of Elections. Candidates for election must become
familiar with applicable laws and regulations and comply with them.
[3] Public confidence in the independence and impartiality of the judiciary is eroded if judges or
candidates for judicial office are perceived to be subject to political influence. Although they
may register to vote as members of a political party, they are prohibited by Rule 4.4 (c) (4) from
assuming leadership roles in political organizations.
[4] Rule 4.4 (c) (4) also prohibits candidates for election from making speeches on behalf of
political organizations or publicly endorsing or opposing candidates for public office, to prevent
them from abusing the prestige of judicial office to advance the interests of others. See Rule 1.3.
Rule 4.4 does not prohibit candidates for election from (a) campaigning on their own behalf, (b)
endorsing or opposing candidates for election to the same judicial office for which they are
running, or (c) from having their name on the same sample ballot as a candidate for another
public office.
[5] Although members of the families of candidates for election are free to engage in their own
political activity, including running for public office, there is no "family exception" to the
prohibition in Rule 4.4 (c) (4) against publicly endorsing candidates for public office. A
candidate for election must not become involved in, or be publicly associated with, a family
member's political activity or campaign for public office. To avoid public misunderstanding,
candidates for election should take, and should urge members of their families to take,
reasonable steps to avoid any implication that they endorse any family member's candidacy or
other political activity.
[6] Judicial candidates must be scrupulously fair and accurate in all statements made by them
and by their campaign committees. Rule 4.4 (d) (5) obligates them to refrain from making
statements that are false or misleading, or that omit facts necessary to make the communication
considered as a whole not materially misleading. Rule 4.4 (d) (1) requires the candidate to
review and approve the content of statements made by the candidate's campaign committee or
other authorized agents and makes the candidate responsible for those statements.
[7] Candidates for election are sometimes the subject of false, misleading, or unfair allegations
made by opposing candidates, third parties, or the media. As long as the candidate for election
does not violate Rule 4.4 (d), he or she may make a factually accurate public response, although
it is preferable for someone else to respond if the allegations relate to a pending case. If an
independent third party has made unwarranted attacks on a candidate for election's opponent, the
candidate for election may disavow the attacks and request the third party to cease and desist.
[8] Rule 4.4 (d) (3) prohibits candidates for election, with regard to cases or issues likely to
come before the court, from making a commitment, promise, or pledge that is inconsistent with
the impartial performance of the adjudicative duties of the office. The making of a commitment,
promise, or pledge is not dependent on, or limited to, the use of any specific words or phrases.
The totality of the statement must be examined to determine if a reasonable person would believe
that the candidate has specifically undertaken to reach a particular result. Commitments,
promises, and pledges must be contrasted with statements or announcements of personal views
on legal, political, or other issues, which are not prohibited. When making such statements, a
judge should acknowledge the overarching judicial obligation to apply and uphold the law,
without regard to his or her personal views.
Canon 5 of the former Maryland Code of Judicial Conduct. The Comments are derived from the
ABA Comments to Rule 4.1 of the 2007 ABA Code.
Rule 4.5. POLITICAL CONDUCT OF DISTRICT COURT CANDIDATE FOR RETENTION
A District Court candidate for retention:
(a) may contact and communicate with the Governor and members of the State Senate regarding
the candidate's reconfirmation;
(b) may seek, accept, and use endorsements from any person or organization;
(c) shall act at all times in a manner consistent with the independence, integrity, and impartiality
(d) subject to paragraph (c) of this Rule, may respond to a personal attack or an attack on the
candidate's record;
(e) with respect to a case, controversy, or issue that is likely to come before the court, shall not
the adjudicative duties of the office; and
(f) shall not knowingly or with reckless disregard for the truth misrepresent the candidate's
identity or qualifications or any other fact.
[1] Because a District Court candidate for retention does not face an election, the political
activity allowed is much more limited. It is reasonable to permit the judge to contact the
Governor, who must transmit the judge's name to the Senate, and members of the Senate,
regarding the judge's reconfirmation, and to seek endorsements that may be helpful to the judge
in that regard. The constraints in paragraphs (c) through (f), which are taken from Rule 4.4, are
applicable as well to even this political activity.
Source. -- This Rule and the Comment are new.
(a) A candidate who is a judge shall comply with the Rules in this Section 4. A candidate who
is a lawyer shall comply with Rule 8.2 of the Maryland Lawyers' Rules of Professional Conduct
(Maryland Rule 16-812).
(b) A successful candidate and a judge who unsuccessfully sought a different judicial office are
subject to judicial discipline for campaign conduct. An unsuccessful candidate who is a lawyer is
subject to attorney discipline for campaign conduct
HISTORY: (Added March 9, 2010, effective July 1, 2010; June 7, 2011, effective July 1, 2011.)
MARYLAND RULES
Md. Rule 16-814 (2012)
Rule 16-814. Maryland Code Of Conduct For Judicial Appointees
TABLE OF CONTENTS
DEFINITIONS; PREAMBLE; AND APPLICATION
A. PREAMBLE
B. DEFINITIONS
C. APPLICATION
SECTION 1. RULES GOVERNING INTEGRITY AND THE AVOIDANCE OF IMPROPRIETY
Rule 1.3. AVOIDING LENDING THE PRESTIGE OF THE POSITION
SECTION 2. RULES GOVERNING THE PERFORMANCE OF A JUDICIAL APPOINTEE'S

DUTIES
Rule 2.1. GIVING PRECEDENCE TO THE DUTIES OF POSITION
Rule 2.4. EXTERNAL INFLUENCES ON PROFESSIONAL CONDUCT
Rule 2.8. DECORUM AND DEMEANOR
Rule 2.10. STATEMENTS ON PENDING AND IMPENDING CASES

SECTION 3. RULES GOVERNING EXTRA-OFFICIAL ACTIVITY
Rule 3.1. EXTRA-OFFICIAL ACTIVITIES IN GENERAL
Rule 3.2. APPEARANCES BEFORE GOVERNMENTAL BODIES AND CONSULTATION

WITH GOVERNMENT OFFICIALS
Rule 3.7. PARTICIPATION IN EDUCATIONAL, RELIGIOUS, CHARITABLE,

FRATERNAL, OR CIVIC ORGANIZATIONS AND ACTIVITIES
Rule 3.11. FINANCIAL, BUSINESS OR REMUNERATIVE ACTIVITIES
Rule 3.12. COMPENSATION FOR EXTRA-OFFICIAL ACTIVITIES
Rule 3.13. ACCEPTANCE OF GIFTS, LOANS, BEQUESTS, BENEFITS, OR OTHER

THINGS OF VALUE

SECTION 4. RULES GOVERNING POLITICAL ACTIVITY
Rule 4.2. POLITICAL CONDUCT OF JUDICIAL APPOINTEE WHO IS NOT A

CANDIDATE
PREAMBLE
This Code of Conduct for Judicial Appointees governs the conduct of judicial appointees. It is
patterned after the Maryland Code of Judicial Conduct (MCJC) set forth in Rule 16-813, and the
provisions of this Code should be read in a consistent manner with parallel provisions in the
MCJC.
This Code sets forth minimum standards and is not intended as a limitation on an appointing
authority's power to impose additional requirements.
DEFINITIONS
(a) Judicial Appointee. "Judicial appointee" means:
(1) an auditor, examiner, or master appointed by a court of this State; and
Cross references. -- See Rules 2-541, 2-542, and 2-543.
(2) a District Court commissioner appointed pursuant to Article IV, 41G of the Maryland
Constitution.
Source. -- With style changes this definition is derived from the former Code of Conduct for
Judicial Appointees.
Cross references. -- For the definition of "judicial appointee" for purposes of filing a financial
disclosure statement, see Rule 16-816.
(b) Member of Judicial Appointee's Family. "Member of judicial appointee's family" means a
spouse, domestic partner, child, grandchild, parent, grandparent, or other relative or person with
whom the judicial appointee maintains a close familial relationship.
Source. -- This definition is derived from Section B-108 of the MCJC.

(c) Member of Judicial Appointee's Household. "Member of judicial appointee's household"
means:
(1) if sharing the judicial appointee's legal residence, the judicial appointee's spouse, domestic
partner, child, ward, financially dependent parent, or other financially dependent relative; or
(2) the judicial appointee's spouse, domestic partner, child, ward, parent, or other relative over
whose financial affairs the judicial appointee has legal or actual control.
Source. -- This definition is derived from Section B-109 of the MCJC.
(d) Other Definitions. As to a judicial appointee, "domestic partner," "fiduciary," "gift,"

"impartial, impartiality, and impartially," "impending matter," "independence," "knowingly,
knowledge, known, and knows," "pending matter," "significant financial interest," and "third
degree of relationship" have the meanings set forth, respectively, in Sections B-101, B-102, B-
103, B-104, B-105, B-106, B-107, B-110, and B-111, and B-112 of the MCJC.
APPLICATION
(a) District Court Commissioners and Full-time Standing Masters, Examiners, and Auditors. This
Code applies in its entirety to District Court Commissioners and full-time standing masters,
examiners, and auditors.
(b) Part-time Standing Masters, Examiners, and Auditors. Except as otherwise provided in a
specific Rule, this Code applies in its entirety to part-time standing masters, examiners, and
auditors.
(c) Special Masters, Examiners, and Auditors. During the period of their serving in that capacity,
special masters, examiners, and auditors are subject only to the Rules in Sections 1 and 2, to Rule
3.5, and to such of the Comments to those Rules as are relevant, given the limited duration of the
service. Special masters, examiners, and auditors shall, however, on request of a party or the
appointing authority, disclose any extra-official activity or interests covered by the other Rules in
this Code that may be grounds for a motion to recuse under Rule 2.11.
Source. -- This provision is new.
Committee note. -- District Court Commissioners, despite the number of hours they may actually
be on duty, are regarded as full-time judicial appointees. Auditors, examiners, and masters may
fall into several categories.
Under Code, Courts Article, 2-102, all courts may appoint a master, examiner, or auditor in "a
specific proceeding." Under Code, Courts Article, 2-501, the judges of the circuit courts have
more general authority to employ masters, examiners, and auditors. That authority is extended
and made more specific in Rules 2-541 (masters), 2-542 (examiners), and 2-543 (auditors).
Rules 2-541, 2-542, and 2-543 create two categories of masters, examiners, and auditors --
standing and special. Standing masters, examiners, and auditors are employed to deal with
whatever cases are referred to them on an on-going basis, but their employment by the court may
be full-time or part-time. Special masters, examiners, and auditors are appointed "for a particular
action," and thus, like appointments made under Courts Article, 2-102, their service is limited
to the particular action or proceeding. During that period of service, however, it is possible that
they may work full-time or part-time, as necessary or as directed by the court. A master,
examiner, or auditor may therefore be standing full-time, standing part-time, special full-time, or
special part-time.
This Code, in its entirety, applies to District Court Commissioners and full-time standing
masters, examiners, and auditors. Because their employment by the court is full-time and more-
or-less permanent, it is appropriate to limit some of their extra-official activities in the same
manner as judges. Standing masters, examiners, and auditors who work only part-time but whose
employment is also more-or-less permanent and who handle whatever cases are referred to them
also need to be subject to most of the requirements and limitations in the Code, but it is
impractical to preclude them from engaging in other lawful remunerative activities, such as
practicing law or accounting or providing ADR services. They are subject to the entire Code,
except as provided in specific Rules. Special masters, examiners, and auditors, appointed for
only one proceeding, are subject to those Rules governing such things as fairness, impartiality,
integrity, and diligence during the period of their service, but it is impractical and unnecessary to
subject them across-the-board to the Rules in Section 4 or most of the Rules in Section 3
(political and extra-official activities), provided that, upon request of a party or the appointing
authority, they disclose any activity or interest that may be cause for recusal.
SECTION 1.
RULES GOVERNING INTEGRITY AND THE AVOIDANCE OF IMPROPRIETY
A judicial appointee shall comply with the law, including the Rules in this Code of Conduct for
Judicial Appointees that are applicable.
Source. -- This Rule is derived from Rule 1.1 of the MCJC.
(a) A judicial appointee shall act at all times in a manner that promotes public confidence in the
(b) A judicial appointee shall avoid conduct that would create in reasonable minds a perception
of impropriety.
[1] Public confidence in the judiciary is eroded by improper conduct and conduct that creates the
appearance of impropriety. This principle applies to both the professional and personal conduct
of a judicial appointee.
[2] A judicial appointee should expect to be the subject of public scrutiny that might be viewed
as burdensome if applied to other citizens, and must accept the restrictions imposed by this Code.
[3] Conduct that compromises or appears to compromise the independence, integrity, and
impartiality of a judicial appointee undermines public confidence in the judiciary. Because it is
not practicable to list all such conduct, the Rule is necessarily cast in general terms.
[4] Judicial appointees should participate in activities that promote ethical conduct among
judicial appointees and lawyers, support professionalism within the judiciary and the legal
profession, and promote access to justice for all.
[5] Actual improprieties include violations of law, court rules, and this Code. The test for
appearance of impropriety is whether the conduct would create in reasonable minds a perception
that the judicial appointee's ability to carry out the responsibilities of the judicial appointee's
position with competence, impartiality, and integrity is impaired.
[6] A judicial appointee should, where appropriate, initiate and participate in community
outreach activities for the purpose of promoting public understanding of and confidence in the
administration of justice. In conducting such activities, the judicial appointee must act in a
manner consistent with this Code.
Rule 1.3. AVOIDING LENDING THE PRESTIGE OF THE POSITION
A judicial appointee shall not lend the prestige of the judicial appointee's position to advance the
personal or economic interests of the judicial appointee or others, or allow others to do so.
[1] It is improper for a judicial appointee to use or attempt to use his or her position to gain
personal advantage or deferential treatment of any kind. For example, it would be improper for a
judicial appointee to allude to his or her official status to gain favorable treatment in encounters
with traffic officials. Similarly, a judicial appointee must not use an official letterhead to gain an
advantage in conducting his or her personal business.
[2] A judicial appointee may provide a reference or recommendation for an individual based
upon the judicial appointee's personal knowledge. The judicial appointee may use an official
letterhead if the judicial appointee indicates that the reference is personal and if there is no
likelihood that the use of the letterhead would reasonably be perceived as an attempt to exert
pressure by reason of the judicial appointee's position.
[3] Judicial appointees may participate in the process of judicial selection by cooperating with
appointing authorities and screening committees and by responding to inquiries from such
entities concerning the professional qualifications of a person being considered for judicial
office.
[4] Special considerations arise when judicial appointees write or contribute to publications of
for-profit entities, whether related or unrelated to the law. A judicial appointee should not permit
anyone associated with the publication of such materials to exploit the judicial appointee's
position in a manner that violates this Rule or other applicable law. In contracts for publication
of a judicial appointee's writing, the judicial appointee should retain sufficient control over the
advertising to avoid such exploitation.
Source. -- This Rule is derived from Rule 1.3 of MCJC.
SECTION 2.
RULES GOVERNING THE PERFORMANCE OF A JUDICIAL APPOINTEE'S DUTIES
Rule 2.1. GIVING PRECEDENCE TO THE DUTIES OF POSITION
The duties of the judicial appointee's position, as prescribed by law and by the conditions and
requirements imposed by the appointing authority, shall take precedence over a judicial
appointee's personal and extra-official activities.
[1] To ensure that judicial appointees are available to fulfill their official duties, judicial
appointees must conduct their personal and extra-official activities to minimize the risk of
conflicts that would result in frequent disqualification.
[2] Although it is not a duty of a judicial appointee's position unless prescribed by law, judicial
appointees are encouraged to participate in activities that promote public understanding of and
confidence in the justice system.
[3] With respect to time devoted to personal and extra-official activities, this Rule must be
construed in a reasonable manner. Family obligations, illnesses, emergencies, and other
permissible extra-official activities may require a judicial appointee's immediate attention.
Attending to those obligations and situations, temporary in nature, is not prohibited by this Rule
and should be dealt with in accordance with applicable vacation, sick leave, and administrative
leave policies. Judicial appointees must not permit their other activities to interfere with their
ability to perform the duties of their public position.
Source. -- This Rule is derived from Rule 2.1 of MCJC. The last sentence of Comment [3] is
new.
A judicial appointee shall uphold and apply the law and shall perform all duties of the position
impartially and fairly.
[1] To ensure impartiality and fairness to all parties, a judicial appointee must be objective and
open-minded.
[2] Although each judicial appointee comes to the position with a unique background and
personal philosophy, a judicial appointee must interpret and apply the law without regard to
whether the judicial appointee approves or disapproves of the law in question.
[3] When applying and interpreting the law, a judicial appointee sometimes may make good-
faith errors of fact or law. Errors of this kind do not violate this Rule.
[4] It is not a violation of this Rule for a judicial appointee to make reasonable accommodations
to ensure self-represented litigants the opportunity to have their matters fairly heard.
Cross references. -- See Rule 2.6 Comment [2].
Source. -- This Rule is derived from Rule 2.2 of MCJC.
(a) A judicial appointee shall perform the duties of the position, including administrative duties,
without bias or prejudice.
(b) A judicial appointee shall not, in the performance of the judicial appointee's duties, by
words or conduct, manifest bias, prejudice, or harassment based upon race, sex, gender, religion,
national origin, ethnicity, disability, age, sexual orientation, marital status, socioeconomic status,
or political affiliation. A judicial appointee shall require lawyers in proceedings before the
judicial appointee, court staff, court officials, and others subject to the judicial appointee's
direction and control to refrain from similar conduct.
(c) The restrictions of paragraph (b) do not preclude judicial appointees or lawyers from making
legitimate references to the listed factors, or similar factors, when they are relevant to an issue in
a proceeding.
[1] A judicial appointee who manifests bias or prejudice in a proceeding impairs the fairness of
the proceeding and brings the judiciary into disrepute.
[2] A judicial appointee must avoid conduct that may reasonably be perceived as prejudiced or
biased. Examples of manifestations of bias or prejudice include epithets, slurs, demeaning
nicknames, negative stereotyping, attempted humor based upon stereotypes, threatening,
intimidating, or hostile acts, suggestions of connections between race, ethnicity, or nationality
and crime, and irrelevant references to personal characteristics. Even facial expressions and body
language can convey to parties and lawyers in the proceeding, the media, and others an
appearance of bias or prejudice.
[3] Harassment, as referred to in paragraph (b), is verbal or physical conduct that denigrates or
shows hostility or aversion toward a person on bases such as race, sex, gender, religion, national
origin, ethnicity, disability, age, sexual orientation, marital status, socioeconomic status, or
political affiliation.
[4] Sexual harassment includes sexual advances, requests for sexual favors, and other verbal or
physical conduct of a sexual nature that is unwelcome.
Rule 2.4. EXTERNAL INFLUENCES ON PROFESSIONAL CONDUCT
(a) A judicial appointee shall not be swayed by public clamor or fear of criticism.
(b) A judicial appointee shall not permit family, social, political, financial, or other interests or
relationships to influence the judicial appointee's official conduct or judgment.
(c) A judicial appointee shall not convey or permit others to convey the impression that any
person or organization is in a position to influence the judicial appointee.
[1] An independent judiciary requires that judicial appointees decide matters according to the
law and facts, without regard to whether particular laws or litigants are popular or unpopular
with the public, the media, government officials, or the judicial appointee's friends or family.
Confidence in the judiciary is eroded if a judicial appointee's decision-making is perceived to be
subject to inappropriate outside influences.
(a) A judicial appointee shall perform the duties of the position competently, diligently,
promptly, and without favoritism or nepotism.
(b) A judicial appointee shall cooperate with judges, other judicial appointees of the court, and
court officials in the administration of court business.
(c) A judicial appointee shall not wilfully fail to comply with administrative rules or reasonable
directives of a judge or other judicial appointee with supervisory authority.
[1] Competence in the performance of a judicial appointee's duties requires the legal knowledge,
skill, thoroughness, and preparation reasonably necessary to perform the responsibilities of the
position.
[2] A judicial appointee should seek the necessary docket time, court staff, expertise, and
resources to discharge the judicial appointee's responsibilities.
[3] Prompt disposition of the court's business requires a judicial appointee to devote adequate
time to the position in accordance with the requirements imposed by the appointing authority, to
be punctual in attendance and expeditious in determining matters under submission, and to take
reasonable measures to ensure that court officials, litigants, and their lawyers cooperate with the
judicial appointee to that end.
[4] In disposing of matters promptly and efficiently, a judicial appointee must demonstrate due
regard for the rights of parties to be heard and to have issues resolved without unnecessary cost
or delay. A judicial appointee should monitor and supervise cases in ways that reduce or
eliminate dilatory practices, avoidable delays, and unnecessary costs.
(a) A judicial appointee shall accord to every person who has a legal interest in a proceeding, or
that person's lawyer, the right to be heard according to law.
(b) A judicial appointee may encourage parties to a proceeding and their lawyers to settle
matters in dispute but shall not act in a manner that coerces any party into settlement.
[1] The right to be heard is an essential component of a fair and impartial system of justice.
Substantive rights of litigants can be protected only if procedures protecting the right to be heard
are observed.
[2] Increasingly, judicial appointees have before them self-represented litigants whose lack of
knowledge about the law and about judicial procedures and requirements may inhibit their ability
to be heard effectively. A judicial appointee's obligation under Rule 2.2 to remain fair and
impartial does not preclude the judicial appointee from making reasonable accommodations to
protect a self-represented litigant's right to be heard, so long as those accommodations do not
give the self-represented litigant an unfair advantage. This Rule does not require a judicial
appointee to make any particular accommodation.
[3] Settlement conferences and referrals to alternative dispute resolution may play an important
role in the administration of justice. A judicial appointee may play an important role in
overseeing the settlement of disputes, but should be careful that efforts to further settlement do
not undermine any party's right to be heard according to law. Among the factors that a judicial
appointee should consider when deciding upon an appropriate settlement practice for a case are
(a) whether the parties have requested or voluntarily consented to a certain level of participation
by the judicial appointee in settlement discussions, (b) whether the parties and their counsel are
relatively sophisticated in legal matters, (c) whether the case will be tried by a judge or a jury, (d)
whether the parties participate with their counsel in settlement discussions, (e) whether any
parties are self-represented, and (f) the nature of the proceeding.
[4] Judicial appointees must be mindful of the effect settlement discussions can have, not only
on their objectivity and impartiality, but also on the appearance of their objectivity and
impartiality. A judicial appointee should keep in mind the effect that the judicial appointee's
participation in settlement discussions may have on both the judicial appointee's own views of
the case and the perceptions of the lawyers and the parties if the case remains with the judicial
appointee after settlement efforts are unsuccessful. Despite a judicial appointee's best efforts,
there may be instances when information obtained during settlement discussions could influence
a judicial appointee's decision making during proceedings, and, in such instances, the judicial
appointee should consider whether disqualification may be appropriate. See Rule 2.11 (a) (1).
A judicial appointee shall hear and decide matters assigned to the judicial appointee unless
recusal is appropriate.
[1] Although there are times when disqualification is necessary or appropriate to protect the
rights of litigants and preserve public confidence in the independence, integrity, and impartiality
of the judiciary, judicial appointees must be available to decide matters that come before them.
The dignity of the court, the judicial appointee's respect for fulfillment of the duties of the
position, and a proper concern for the burdens that may be imposed upon the judges and the
judicial appointee's colleagues require that a judicial appointee not use disqualification to avoid
cases that present difficult, controversial, or unpopular issues.
Rule 2.8. DECORUM AND DEMEANOR
(a) A judicial appointee shall require order and decorum in proceedings before the judicial
appointee.
(b) A judicial appointee shall be patient, dignified, and courteous to litigants, witnesses,
lawyers, court staff, court officials, and others with whom the judicial appointee deals in an
official capacity, and shall require similar conduct of lawyers, court staff, court officials, and
others subject to the judicial appointee's direction and control.
[1] The duty to hear all proceedings with patience and courtesy is not inconsistent with the duty
imposed in Rule 2.5 to dispose promptly of the business of the court. Judicial appointees can be
efficient and businesslike while being patient and deliberate.
Source. -- This Rule is derived from Rule 2.8 of the MCJC, except that Comments [2] and [3]
were deleted.
(a) A judicial appointee shall not initiate, permit, or consider ex parte communications, or
consider other communications made to the judicial appointee out of the presence of the parties
or their lawyers, concerning a pending or impending matter, except as follows:
(1) A judicial appointee may initiate, permit, or consider any ex parte communication when
expressly authorized by law to do so.
(2) When circumstances require it, ex parte communication for scheduling, administrative, or
emergency purposes, which does not address substantive matters, is permitted, provided:
(A) the judicial appointee reasonably believes that no party will gain a procedural, substantive,
or tactical advantage as a result of the ex parte communication; and
(B) the judicial appointee makes provision promptly to notify all other parties of the substance
of the ex parte communication, and gives the parties an opportunity to respond.
(3) A judicial appointee may obtain the advice of a disinterested expert on the law applicable to
a proceeding if the judicial appointee (A) makes provision promptly to notify all of the parties as
to the expert consulted and the substance of the advice, and (B) affords the parties a reasonable
opportunity to respond.
(4) A judicial appointee may consult with court staff and court officials whose functions are to
aid the judicial appointee in carrying out the judicial appointee's adjudicative responsibilities, or
with a judge, provided the judicial appointee does not make a decision based on adjudicative
facts that are not made part of the record, and does not abrogate the responsibility personally to
decide the matter.
(5) A judicial appointee may, with the consent of the parties, confer separately with the parties
and their lawyers as part of a settlement conference conducted pursuant to Rules 17-102 (h) and
17-105 (b).
(6) When serving in a problem-solving court program of a Circuit Court or the District Court
pursuant to Rule 16-206, a judicial appointee may initiate, permit, and consider ex parte
communications in conformance with the established protocols for the operation of the program
if the parties have expressly consented to those protocols.
(b) If a judicial appointee inadvertently receives an unauthorized ex parte communication

bearing upon the substance of a matter, the judicial appointee shall make provision promptly to
notify the parties of the substance of the communication and provide the parties with an
opportunity to respond.
(c) Unless expressly authorized by law, a judicial appointee shall not investigate adjudicative
facts in a matter independently, and shall consider only the evidence presented and any facts that
may properly be judicially noticed.
Cross references. -- See Code, Courts Article, 2-607 (c) (2) authorizing District Court
Commissioners to conduct investigations and inquiries into the circumstances of matters
presented to determine if probable cause exists for the issuance of a charging document, warrant,
or criminal summons.
(d) A judicial appointee shall make reasonable efforts, including providing appropriate
supervision, to ensure that this Rule is not violated by court staff, court officials, and others
subject to the judicial appointee's direction and control.
[1] To the extent reasonably possible, all parties or their lawyers shall be included in
communications with a judicial appointee.
[2] Whenever the presence of a party or notice to a party is required by this Rule, it is the party's
lawyer, or if the party is self-represented, the party, who is to be present or to whom notice is to
be given.
[3] The proscription against communications concerning a proceeding includes communications

with lawyers, law teachers, and other persons who are not participants in the proceeding, except
to the limited extent permitted by this Rule.
[4] A judicial appointee may consult with judges or other judicial appointees on pending
matters, including a retired judge approved for recall, but must avoid ex parte discussions of a
case with judges or judicial appointees who have previously been disqualified from hearing the
matter or with a judge whom the judicial appointee knows has been assigned to hear exceptions
to the judicial appointee's recommendation in the matter.
[5] The prohibition against a judicial appointee investigating adjudicative facts in a matter
extends to information available in all mediums, including electronic.
[6] A judicial appointee may consult ethics advisory committees, outside counsel, or legal
experts concerning the judicial appointee's compliance with this Code. Such consultations are
not subject to the restrictions of paragraph (a) (2).
Source. -- This Rule is derived in part from Rule 2.9 of the MCJC.
Rule 2.10. STATEMENTS ON PENDING AND IMPENDING CASES
(a) A judicial appointee shall abstain from public comment that relates to a proceeding pending
or impending in any court and that might reasonably be expected to affect the outcome or impair
the fairness of that proceeding and shall require similar abstention on the part of court personnel
subject to the judicial appointee's direction and control. This Rule does not prohibit a judicial
appointee from making public statements in the course of official duties or from explaining for
public information the procedures of the court.
(b) With respect to a case, controversy, or issue that is likely to come before the court, a judicial
appointee shall not make a commitment, pledge, or promise that is inconsistent with the
impartial performance of the adjudicative duties of the office.
(c) Notwithstanding the restrictions in paragraphs (a) and (b), a judicial appointee may make
public statements in the course of official duties, may explain court procedures, and may
comment on any proceeding in which the judicial appointee is a litigant in a non-official
capacity.
[1] This Rule's restrictions are essential to the maintenance of the independence, integrity, and
impartiality of the judiciary.
[2] This Rule does not prohibit a judicial appointee from commenting on proceedings in which
the judicial appointee is a litigant in a personal capacity. In cases in which the judicial appointee
is a litigant in an official capacity, such as a writ of mandamus, the judicial appointee must not
comment publicly.
[3] "Court personnel," as used in paragraph (a) of this Rule does not include the lawyers in a
proceeding before the judicial appointee. The comment of lawyers in this regard is governed by
Rule 3.6 of the Maryland Lawyers' Rules of Professional Conduct.
(a) A judicial appointee shall disqualify himself or herself in any proceeding in which the
judicial appointee's impartiality might reasonably be questioned, including the following
circumstances:
(1) The judicial appointee has a personal bias or prejudice concerning a party or a party's
lawyer, or personal knowledge of facts that are in dispute in the proceeding.
(2) The judicial appointee knows that the judicial appointee, the judicial appointee's spouse or
domestic partner, or a person within the third degree of relationship to either of them, or the
spouse or domestic partner of such a person:
(A) is a party to the proceeding, or an officer, director, general partner, managing member, or
trustee of a party;
(B) is acting as a lawyer in the proceeding;
(C) is a person who has more than a de minimis interest that could be substantially affected by
the proceeding; or
(D) is likely to be a material witness in the proceeding.
(3) The judicial appointee knows that he or she, individually or as a fiduciary, or any of the
following persons has a significant financial interest in the subject matter in controversy or in a
party to the proceeding:
(A) the judicial appointee's spouse or domestic partner;
(B) a person within the third degree of relationship to the judicial appointee; or
(C) any other member of the judicial appointee's family residing in the judicial appointee's
household.
(4) The judicial appointee, while a judicial appointee or as an applicant for the position, has
made a public statement, other than in a court proceeding, decision, or opinion, that commits or
appears to commit the judicial appointee to reach a particular result or rule in a particular way in
the proceeding or controversy.
(5) The judicial appointee:
(A) served as a lawyer in the matter in controversy, or was associated with a lawyer who
participated substantially as a lawyer in the matter during such association; or
(B) served in governmental employment, and in such capacity participated personally and
substantially as a lawyer or public official concerning the proceeding, or has publicly expressed
in such capacity an opinion concerning the merits of the particular matter in controversy.
(6) If the judicial appointee is part-time, the judicial appointee or any attorney with whom the
judicial appointee is associated represents a party or otherwise has an interest in the proceeding.
(b) A judicial appointee shall keep informed about the judicial appointee's personal and
fiduciary economic interests and make a reasonable effort to keep informed about the personal
economic interests of the judicial appointee's spouse and minor children residing in the judicial
appointee's household.
(c) A judicial appointee subject to disqualification under this Rule, other than for bias or
prejudice under paragraph (a) (1), may disclose on the record the basis of the judicial appointee's
disqualification and may ask the parties and their lawyers to consider, outside the presence of the
judicial appointee and court personnel, whether to waive disqualification. If, following the
disclosure, the parties and lawyers agree, without participation by the judicial appointee or court
personnel, that the judicial appointee should not be disqualified, the judicial appointee may
participate in the proceeding. The agreement shall be incorporated into the record of the
proceeding.
[1] Under this Rule, a judicial appointee is disqualified whenever the judicial appointee's
impartiality might reasonably be questioned, regardless of whether any of the specific provisions
of paragraphs (a) (1) through (5) apply. In this Rule, "disqualification" has the same meaning as
"recusal."
[2] A judicial appointee's obligation not to hear or decide matters in which disqualification is
required applies regardless of whether a motion to disqualify is filed.
[3] A judicial appointee should disclose on the record information that the judicial appointee
believes the parties or their lawyers might reasonably consider relevant to a possible motion for
disqualification, even if the judicial appointee believes there is no basis for disqualification.
[4] This procedure gives the parties an opportunity to waive the recusal if the judicial appointee
agrees. The judicial appointee may comment on possible waiver but must ensure that
consideration of the question of waiver is made independently of the judicial appointee. A party
may act through counsel if counsel represents on the record that the party has been consulted and
consents. As a practical matter, a judicial appointee may request that all parties and their lawyers
sign a waiver agreement.
Source. -- This Rule is derived from Rule 2.11 of the MCJC, except that Comment [3] was
deleted. Paragraph (a) (6) is derived from Canon 3D (1) (b) (ii) of the former Code of Conduct
for Judicial Appointees.
(a) A judicial appointee shall require court staff, court officials, and others subject to the judicial
appointee's direction and control to act in a manner consistent with the judicial appointee's
obligations under this Code.
(b) A judicial appointee with supervisory authority for the performance of other judicial
appointees shall take reasonable measures to ensure that those judicial appointees properly
discharge their official responsibilities, including the prompt disposition of matters before them.
[1] A judicial appointee is responsible for his or her own conduct and for the conduct of others,
such as staff, when those persons are acting at the judicial appointee's direction or control. A
judicial appointee may not direct court personnel to engage in conduct on the judicial
appointee's behalf or as the judicial appointee's representative when such conduct would violate
this Code if undertaken by the judicial appointee.
[2] Public confidence in the judicial system depends upon timely justice. To promote the
efficient administration of justice, a judicial appointee with supervisory authority must take the
steps needed to ensure that judicial appointees under his or her supervision administer their
workloads promptly.
Source. -- This Rule is derived from Rule 2.12 (a) of the MCJC.
(a) In making official administrative appointments, a judicial appointee:
(1) shall exercise the power of appointment impartially and on the basis of merit; and
(2) shall avoid nepotism, favoritism, personal benefit, and unnecessary appointments.
(b) A judicial appointee shall not approve compensation of appointees beyond the fair value of
services rendered.
[1] Consent by the parties to an appointment or an award of compensation does not relieve the
judicial appointee of the obligation prescribed by paragraph (a).
[2] Unless otherwise defined by law, nepotism is the appointment or hiring of any relative
within the third degree of relationship to either the judicial appointee or the judicial appointee's
spouse or domestic partner, or the spouse or domestic partner of such relative.
[3] Rule 2.13 does not apply to the appointment or compensation of an employee in the private
office of a part-time judicial appointee.
Source. -- This Rule is derived from Rule 2.13 of the MCJC, except that the first sentence of
Comment [1] was deleted.
A judicial appointee having a reasonable belief that the performance of a lawyer, a judge, or
another judicial appointee is impaired by drugs or alcohol or by a mental, emotional, or physical
condition, shall take appropriate action, which may include a confidential referral to a lawyer or
judicial assistance program.
[1] "Appropriate action" means action intended and reasonably likely to help the judge, judicial
appointee, or lawyer in question to address the problem and prevent harm to the justice system.
Depending upon the circumstances, appropriate action may include speaking directly to the
impaired person, notifying an individual with supervisory responsibility over the impaired
person, or making a referral to an assistance program.
[2] Taking or initiating corrective action by way of referral to an assistance program may satisfy
a judicial appointee's responsibility under this Rule. Assistance programs have many approaches
for offering help to impaired judges and lawyers, such as intervention, counseling, or referral to
appropriate health care professionals. Depending upon the gravity of the conduct that has come
to the judicial appointee's attention, however, the judicial appointee may be required to take
other action, such as reporting the impaired judge, judicial appointee, or lawyer to the
appropriate authority, agency, or body. See Rule 2.15.
(a) A judicial appointee shall take or initiate appropriate corrective measures with respect to the
unprofessional conduct of a judge, another judicial appointee, or a lawyer.
(b) If other corrective measures are not appropriate or, if attempted, were not successful, a
judicial appointee:
(1) shall inform the Commission on Judicial Disabilities of facts known to the judicial appointee
that raise a substantial question as to a judge's fitness for office;
(2) shall inform the Attorney Grievance Commission of facts known to the judicial appointee
that raise a substantial question as to a lawyer's honesty, trustworthiness, or fitness as a lawyer in
other respects; and
(3) shall inform the appointing authority of facts known to the judicial appointee that raise a
substantial question as to another judicial appointee's fitness for the position.
(c) Acts of a judicial appointee required or permitted by paragraphs (a) or (b) of this Rule shall
be absolutely privileged.
[1] Permitting a judicial appointee to take "corrective" measures gives the judicial appointee a
wide range of options to deal with unprofessional conduct. Appropriate corrective measures may
include direct communication with the judge, lawyer, or other judicial appointee who is believed
to have committed the violation or other direct action if available. There may be instances of
professional misconduct that would warrant a private admonition or referral to a bar association
counseling service.
Source. -- This Rule is derived from Rule 2.15 of the MCJC, except that paragraph (b) (3) is
new.
(a) A judicial appointee shall cooperate and be candid and honest with judicial and lawyer
disciplinary agencies.
(b) A judicial appointee shall not retaliate, directly or indirectly, against a person known or
suspected to have assisted or cooperated with an investigation of a judge, another judicial
appointee, or a lawyer.
[1] Cooperation with investigations and proceedings of judicial and lawyer discipline agencies,
as required in paragraph (a) of this Rule, instills confidence in judicial appointees' commitment
to the integrity of the judicial system and the protection of the public.
SECTION 3.
RULES GOVERNING EXTRA-OFFICIAL ACTIVITY
Rule 3.1. EXTRA-OFFICIAL ACTIVITIES IN GENERAL
A judicial appointee may engage in extra-official activities, except as prohibited by law or this
Code. When engaging in extra-official activities, a judicial appointee shall not:
(a) participate in activities that will interfere with the proper performance of the judicial
appointee's official duties;
(b) participate in activities that will lead to frequent disqualification of the judicial appointee;
(c) participate in activities that would appear to a reasonable person to undermine the judicial
appointee's independence, integrity, or impartiality;
(d) engage in conduct that would appear to a reasonable person to be coercive; or
(e) make inappropriate use of court premises, staff, stationery, equipment, or other resources.
[1] To the extent that time permits, and independence and impartiality are not compromised,
judicial appointees are encouraged to engage in appropriate extra-official activities. Judicial
appointees are uniquely qualified to engage in extra-official activities that concern the law, the
legal system, and the administration of justice, such as by speaking, writing, teaching, or
participating in scholarly research projects. In addition, judicial appointees are permitted and
encouraged to engage in educational, religious, charitable, fraternal, or civic extra-official
activities not conducted for profit, even when the activities do not involve the law. See Rule 3.7.
[2] Participation in both law-related and other extra-official activities helps integrate judicial
appointees into their communities and furthers public understanding of and respect for courts
and the judicial system.
[3] Discriminatory actions and expressions of bias or prejudice by a judicial appointee, even
outside the judicial appointee's official actions, are likely to appear to a reasonable person to call
into question the judicial appointee's integrity and impartiality. Examples include jokes or other
remarks that demean individuals based upon their race, sex, gender, religion, national origin,
ethnicity, disability, age, sexual orientation, or socioeconomic status. For the same reason, a
judicial appointee's extra-official activities must not be conducted in connection or affiliation
with an organization that practices invidious discrimination. See Rule 3.6.
[4] While engaged in permitted extra-official activities, judicial appointees must not coerce
others or take action that would reasonably be perceived as coercive. For example, depending
upon the circumstances, a judicial appointee's solicitation of contributions or memberships for
an organization, even as permitted by Rule 3.7 (a), might create the risk that the person solicited
would feel obligated to respond favorably, or would do so to curry favor with the judicial
appointee.
Rule 3.2. APPEARANCES BEFORE GOVERNMENTAL BODIES AND CONSULTATION WITH

GOVERNMENT OFFICIALS
A judicial appointee shall not appear voluntarily at a public hearing before, or otherwise consult
with, an executive or a legislative body or official, except:
(a) in connection with matters concerning the law, the legal system, or the administration of
justice;
(b) in connection with matters about which the judicial appointee acquired knowledge or
expertise in the course of the judicial appointee's official duties;
(c) when the judicial appointee is acting self-represented in a matter involving the judicial
appointee's legal or economic interests, or when the judicial appointee is acting in a fiduciary
capacity; or
(d) as permitted by Rule 3.10.
[1] Judicial appointees possess special expertise in matters of law, the legal system, and the
administration of justice, and may properly share that expertise with governmental bodies and
executive or legislative branch officials.
[2] In appearing before governmental bodies or consulting with government officials, judicial
appointees must be mindful that they remain subject to other provisions of this Code, such as
Rule 1.3, prohibiting them from using the prestige of office to advance their own or others'
interests, Rule 2.10, governing public comment on pending and impending matters, and Rule 3.1
(c), prohibiting judicial appointees from engaging in extra-official activities that would appear to
a reasonable person to undermine the judicial appointee's independence, integrity, or
impartiality.
[3] In general, it would be an unnecessary and unfair burden to prohibit judicial appointees from
appearing before governmental bodies or consulting with government officials on matters that
are likely to affect them as private citizens, such as zoning proposals affecting their real property.
In engaging in such activities, however, judicial appointees must not refer to their official
positions, and must otherwise exercise caution to avoid using the prestige of their position.
A judicial appointee shall not testify as a character witness in a judicial, administrative, or other
adjudicatory proceeding or otherwise vouch for the character of a person in a legal proceeding,
except when duly summoned.
[1] A judicial appointee who, without being subpoenaed, testifies as a character witness abuses
the prestige of the position to advance the interests of another. See Rule 1.3. Except in unusual
circumstances where the demands of justice require, a judicial appointee should discourage a
party from requiring the judicial appointee to testify as a character witness.
A judicial appointee shall not accept appointment to: (a) a Judicial Nominating Commission or
(b) any other governmental committee, board, commission, or position, unless it is one that
concerns the law, the legal system, or the administration of justice.
[1] Rule 3.4 implicitly acknowledges the value of judicial appointees accepting appointments to
entities that concern the law, the legal system, or the administration of justice. Even in such
instances, however, a judicial appointee should assess the appropriateness of accepting an
appointment, paying particular attention to the subject matter of the appointment and the
availability and allocation of judicial resources, including the judicial appointee's time
commitments, and giving due regard to the requirements of the independence and impartiality of
the judiciary.
[2] A judicial appointee may not accept a governmental appointment that could interfere with
the effectiveness and independence of the judiciary, assume or discharge an executive or
legislative power, or hold another "office" under the Constitution or laws of the United States or
the State of Maryland. See Maryland Declaration of Rights, Articles 8, 33, and 35.
[3] A judicial appointee may represent his or her country, State, or locality on ceremonial
occasions or in connection with historical, educational, or cultural activities. Such representation
does not constitute acceptance of a government position.
Committee note. -- Although the Judicial Ethics Committee has concluded that the Supremacy
Clause of the U.S. Constitution may allow service in reserve components of the armed forces
that otherwise might be precluded under this Code, such as service as a judge advocate or
military judge, the Attorney General, rather than the Judicial Ethics Committee, traditionally has
rendered opinions with regard to issues of dual or incompatible offices.
A judicial appointee shall not intentionally disclose or use nonpublic information acquired in an
official capacity for any purpose unrelated to the judicial appointee's official duties. Nonpublic
information means information that is not available to the public. It may include information that
is (a) sealed or shielded pursuant to law or court order, (b) impounded, (c) communicated in
camera, or (d) offered in grand jury proceedings, pre-sentencing reports, dependency cases, or
psychiatric reports.
[1] In the course of performing official duties, a judicial appointee may acquire information of
commercial or other value that is unavailable to the public. The judicial appointee must not
reveal or use such information for personal gain or for any purpose unrelated to his or her official
duties.
[2] This Rule is not intended, however, to affect a judicial appointee's ability to act on
information as necessary to protect the health or safety of the judicial appointee or a member of
a judicial appointee's family, court personnel, or other judicial officers.
(a) A judicial appointee shall not hold membership in any organization that practices invidious
discrimination on the basis of race, sex, gender, religion, national origin, ethnicity, or sexual
orientation.
(b) A judicial appointee shall not use the benefits or facilities of an organization if the judicial
appointee knows or should know that the organization practices invidious discrimination on one
or more of the bases identified in paragraph (a). A judicial appointee's attendance at an event in a
facility of an organization that the judicial appointee is not permitted to join is not a violation of
this Rule when the judicial appointee's attendance is an isolated event that could not reasonably
be perceived as an endorsement of the organization's practices.
[1] A judicial appointee's public manifestation of approval of invidious discrimination on any

basis gives rise to the appearance of impropriety and diminishes public confidence in the
integrity and impartiality of the judiciary. A judicial appointee's membership in an organization
that practices invidious discrimination creates the perception that the judicial appointee's
impartiality is impaired.
[2] An organization is generally said to discriminate invidiously if it arbitrarily excludes from

membership on the basis of race, sex, gender, religion, national origin, ethnicity, or sexual
orientation persons who would otherwise be eligible for admission. Whether an organization
practices invidious discrimination is a complex question to which judicial appointees should be
attentive. The answer cannot be determined from a mere examination of an organization's current
membership rolls, but rather, depends upon how the organization selects members, as well as
other relevant factors, such as whether the organization is dedicated to the preservation of
religious, ethnic, or cultural values of legitimate common interest to its members, or whether it is
an intimate, purely private organization whose membership limitations could not constitutionally
be prohibited.
[3] When a judicial appointee learns that an organization to which the judicial appointee
belongs engages in invidious discrimination, the judicial appointee must resign immediately
from the organization.
[4] A judicial appointee's membership in a religious organization as a lawful exercise of the

freedom of religion is not a violation of this Rule.
[5] This Rule does not apply to national or state military service.
Rule 3.7. PARTICIPATION IN EDUCATIONAL, RELIGIOUS, CHARITABLE, FRATERNAL,

OR CIVIC ORGANIZATIONS AND ACTIVITIES
(a) Subject to the requirements of Rules 3.1 and 3.6, a judicial appointee may participate in
activities sponsored by organizations or governmental entities concerned with the law, the legal
system, or the administration of justice, and those sponsored by or on behalf of educational,
religious, charitable, fraternal, or civic organizations not conducted for profit, including the
following activities:
(1) assisting such an organization or entity in planning related to fund-raising, and participating
in the management and investment of the organization's or entity's funds;
(2) soliciting contributions for such an organization or entity, but only from members of the
judicial appointee's family, judges, or other judicial appointees over whom the judicial appointee
does not exercise supervisory authority;
(3) soliciting membership for such an organization or entity, even though the membership dues
or fees generated may be used to support the objectives of the organization or entity, but only if
the organization or entity is concerned with the law, the legal system, or the administration of
justice;
(4) appearing or speaking at, receiving an award or other recognition at, being featured on the
program of, and permitting his or her title to be used in connection with an event of such an
organization or entity, but if the event serves a fund-raising purpose, the judicial appointee may
participate only if the event concerns the law, the legal system, or the administration of justice;
(5) making recommendations to such a public or private fund-granting organization or entity in

connection with its programs and activities, but only if the organization or entity is concerned
with the law, the legal system, or the administration of justice; and
(6) serving as an officer, director, trustee, or nonlegal advisor of such an organization or entity,
unless it is likely that the organization or entity:
(A) will be engaged in proceedings that would ordinarily come before the judicial appointee; or
(B) will frequently be engaged in adversary proceedings in the appointing court.
(b) A judicial appointee may encourage but not coerce lawyers to provide pro bono publico
legal services.
[1] The activities permitted by paragraph (a) generally include those sponsored by or undertaken
on behalf of public or private not-for-profit educational institutions, and other not-for-profit
organizations, including law-related, charitable, and other organizations.
[2] Even for law-related organizations, a judicial appointee should consider whether the
membership and purposes of the organization or the nature of the judicial appointee's
participation in or association with the organization would conflict with the judicial appointee's
obligation to refrain from activities that reflect adversely upon a judicial appointee's
independence, integrity, and impartiality.
[3] Mere attendance at an event, whether or not the event serves a fund-raising purpose, does not
constitute a violation of paragraph (a)(4). It is also generally permissible for a judicial appointee
to serve as an usher or a food server or preparer, or to perform similar functions, at fund-raising
events sponsored by educational, religious, charitable, fraternal, or civic organizations. Such
activities are not solicitation and do not present an element of coercion or abuse the prestige of
the judicial appointee's position.
[4] Identification of a judicial appointee's position in educational, religious, charitable, fraternal,

or civic organizations on letterhead used for fund-raising or membership solicitation does not
violate this Rule. The letterhead may list the judicial appointee's title or position if comparable
designations are used for other persons.
[5] A judicial appointee may promote access to justice by encouraging lawyers to participate in
pro bono publico legal services, if in doing so the judicial appointee does not employ coercion,
or abuse the prestige of the judicial appointee's position. Such encouragement may take many
forms, including providing lists of available programs, training lawyers to do pro bono publico
legal work, and participating in events recognizing lawyers who have done pro bono publico
work.
(a) Except as provided in paragraph (b), a judicial appointee may hold a fiduciary position, such
as executor, administrator, trustee, guardian, attorney in fact, or other personal representative.
(b) A judicial appointee shall not hold a fiduciary position if:
(1) doing so would interfere with the proper performance of the judicial appointee's official
duties; or
(2) the fiduciary will likely be engaged in proceedings that would ordinarily come before the
judicial appointee, or if the estate, trust, or ward becomes involved in adversary proceedings in
the appointing court.
(c) A judicial appointee acting in a fiduciary capacity shall be subject to the same restrictions on
engaging in financial activities that apply to a judicial appointee personally.
(d) If a person who is serving in a fiduciary position becomes a judicial appointee, he or she
must comply with this Rule as soon as reasonably practicable, but in no event later than one year
after becoming a judicial appointee.
[1] A judicial appointee should recognize that other restrictions imposed by this Code may
conflict with the judicial appointee's obligations as a fiduciary; in such circumstances, a judicial
appointee should resign as fiduciary. For example, serving as a fiduciary might require frequent
disqualification of a judicial appointee under Rule 2.11 because a judicial appointee is deemed
to have an economic interest in shares of stock held by a trust if the amount of stock held is more
than de minimis.
Source. -- This Rule is derived in part from Rule 3.8 of the MCJC but permits judicial
appointees to serve as a fiduciary in situations in which a judge is not permitted to serve.
(a) A full-time judicial appointee shall not act as an arbitrator or a mediator or perform other
alternative dispute resolution functions apart from the judicial appointee's official duties unless
expressly authorized by law.
(b) A part-time judicial appointee may conduct alternative dispute resolution (ADR)
proceedings in a private capacity only if the judicial appointee:
(1) conducts no ADR proceedings in a private capacity relating to a matter currently assigned to
the judicial appointee;
(2) discloses to the parties in each matter assigned to the judicial appointee:
(A) the judicial appointee's professional association with any entity that is engaged in offering
ADR services;
(B) whether the judicial appointee is conducting, or has conducted within the previous 12
months, an ADR proceeding involving any party, attorney, or law firm involved in the matter
assigned to the judicial appointee; and
(C) any negotiations or agreements for future ADR services involving the judicial appointee and
any of the parties or counsel to the case; and
(3) except if there is no disqualification by agreement as permitted by Rule 2.11 (c), does not
participate in a matter in which the judicial appointee's impartiality might reasonably be
questioned because of ADR services engaged in or offered by the judicial appointee.
[1] This Rule does not prohibit a part-time judicial appointee from participating in arbitration,
mediation, or other alternative dispute resolution services in a private capacity. See, however,
Rule 3.1.
[2] Masters may conduct settlement conferences pursuant to Rules 17-102 (h) and 17-105 (b) as
part of assigned official duties. Full-time judicial appointees shall not otherwise render dispute
resolution services, whether or not for economic gain, unless expressly authorized by law.
Source. -- This Rule is derived in part from Canon 4F of the former Code of Conduct for Judicial
Appointees.
(a) In General. Except as expressly allowed by this Rule, a judicial appointee shall not practice
law.
(b) Exceptions.
(1) A judicial appointee may act self-represented in a matter involving the judicial appointee or
the judicial appointee's interest and, if without compensation, may give legal advice to and draft
or review documents for a member of the judicial appointee's family.
(2) To the extent not expressly prohibited by law or by the appointing authority and subject to
other applicable provisions of this Code, a part-time judicial appointee who is a lawyer may
practice law, provided that:
(A) the judicial appointee shall not use his or her position to further the judicial appointee's
success in the practice of law; and
(B) the judicial appointee shall not practice or appear as an individual in a matter involving the
judicial appointee or the judicial appointee's interest in the appointing court.
(c) Prior to assuming official duties, a full-time judicial appointee shall enter into an agreement
for payments relating to the judicial appointee's former law practice. A payment period limited
to a maximum of five years is presumptively reasonable.
[1] A judicial appointee may act self-represented in all legal matters, including matters
involving litigation and matters involving appearances before or other dealings with
governmental bodies. A judicial appointee must not use the prestige of office to advance the
judicial appointee's personal or family interests. See Rule 1.3.
Source. -- This Rule is derived from Canon 4G of the former Maryland Code of Conduct for
Judicial Appointees.
Rule 3.11. FINANCIAL, BUSINESS, OR REMUNERATIVE ACTIVITIES
(a) A judicial appointee may hold and manage investments of the judicial appointee and
members of the judicial appointee's family.
(b)(1) Except as permitted by Rule 3.7, a judicial appointee shall not serve as an officer,
director, manager, general partner, advisor, or employee of any business entity except that a
judicial appointee may manage or participate in:
(A) a business closely held by the judicial appointee or members of the judicial appointee's
family; or
(B) a business entity primarily engaged in investment of the financial resources of the judicial
appointee or members of the judicial appointee's family.
(2) This section does not apply to a part-time judicial appointee.
(c) A judicial appointee shall not engage in financial activities permitted under paragraphs (a) or
(b) if they will:
(1) interfere with the proper performance of the judicial appointee's official duties;
(2) lead to frequent disqualification of the judicial appointee;
(3) involve the judicial appointee in frequent transactions or continuing business relationships
with lawyers or other persons likely to come before the appointing court; or
(4) result in violation of other provisions of this Code.
[1] Judicial appointees are generally permitted to engage in financial activities, including
managing real estate and other investments for themselves or for members of their families.
Participation in these activities, like participation in other extra-official activities, is subject to
the requirements of this Code. For example, it would be improper for a judicial appointee to
spend so much time on business activities that it interferes with the performance of the judicial
appointee's official duties. See Rule 2.1. Similarly, it would be improper for a judicial appointee
to use his or her official title or conduct his or her business or financial affairs in such a way that
disqualification is frequently required. See Rules 1.3 and 2.11.
[2] As soon as practicable without serious financial detriment, the judicial appointee must divest
himself or herself of investments and other financial interests that might require frequent
disqualification or otherwise violate this Rule.
Rule 3.12. COMPENSATION FOR EXTRA-OFFICIAL ACTIVITIES
A judicial appointee may accept reasonable compensation for extra-official activities permitted
by this Code or other law unless such acceptance would appear to a reasonable person to
undermine the judicial appointee's independence, integrity, or impartiality.
[1] A judicial appointee is permitted to accept honoraria, stipends, fees, wages, salaries,
royalties, or other compensation for speaking, teaching, writing, and other extrajudicial activities,
provided the compensation is reasonable and commensurate with the task performed. The
judicial appointee should be mindful, however, that official duties must take precedence over
other activities.
[2] Compensation derived from extra-official activities may be subject to public reporting. See
Rule 3.15.
Rule 3.13. ACCEPTANCE OF GIFTS, LOANS, BEQUESTS, BENEFITS, OR OTHER THINGS

OF VALUE
(a) A judicial appointee shall not accept any gifts, loans, bequests, benefits, or other things of
value, if acceptance is prohibited by law or would appear to a reasonable person to undermine
the judicial appointee's independence, integrity, or impartiality.
(b) Unless otherwise prohibited by law, or by paragraph (a), a judicial appointee may accept the
following:
(1) items with little intrinsic value, such as plaques, certificates, trophies, and greeting cards;
(2) gifts, loans, bequests, benefits, or other things of value from friends, relatives, or other
persons, including lawyers, whose appearance or interest in a proceeding pending or impending
before the judicial appointee would in any event require disqualification of the judicial
appointee under Rule 2.11;
(3) ordinary social hospitality;
(4) commercial or financial opportunities and benefits, including special pricing and discounts,
and loans from lending institutions in their regular course of business, if the same opportunities
and benefits or loans are made available on the same terms to similarly situated persons who are
not judicial appointees;
(5) rewards and prizes given to competitors or participants in random drawings, contests, or
other events that are open to persons who are not judicial appointees;
(6) scholarships, fellowships, and similar benefits or awards, if they are available to similarly
situated persons who are not judicial appointees, based upon the same terms and criteria;
(7) books, magazines, journals, audiovisual materials, and other resource materials supplied by
publishers on a complimentary basis for official use; or
(8) gifts, awards, or benefits associated with the business, profession, or other separate activity
of a spouse, a domestic partner, or other family member of a judicial appointee residing in the
judicial appointee's household, but that incidentally benefit the judicial appointee.
(9) gifts incident to a public testimonial;
(10) invitations to the judicial appointee and the judicial appointee's spouse, domestic partner,
or guest to attend without charge:
(A) an event associated with a bar-related function or other activity relating to the law, the legal
system, or the administration of justice; or
(B) an event associated with any of the judicial appointee's educational, religious, charitable,
fraternal or civic activities permitted by this Code, if the same invitation is offered to persons
who are not judicial appointees who are engaged in similar ways in the activity as is the judicial
appointee.
[1] Whenever a judicial appointee accepts a gift or other thing of value without paying fair
market value, there is a risk that the benefit might be viewed as intended to influence the judicial
appointee's decision in a case. Rule 3.13 imposes restrictions upon the acceptance of such
benefits, according to the magnitude of the risk. Paragraph (b) identifies circumstances in which
the risk that the acceptance would appear to undermine the judicial appointee's independence,
integrity, or impartiality is low. As the value of the benefit or the likelihood that the source of the
benefit will appear before the judicial appointee increases, the judicial appointee is prohibited
under paragraph (a) from accepting the gift.
[2] Gift - giving between friends and relatives is a common occurrence, and ordinarily does not
create an appearance of impropriety or cause reasonable persons to believe that the judicial
appointee's independence, integrity, or impartiality has been compromised. In addition, when the
appearance of friends or relatives in a case would require the judicial appointee's disqualification
under Rule 2.11, there would be no opportunity for a gift to influence the judicial appointee's
decision-making. Paragraph (b) (2) places no restrictions upon the ability of a judicial appointee
to accept gifts or other things of value from friends or relatives under these circumstances.
[3] Businesses and financial institutions frequently make available special pricing, discounts,
and other benefits, either in connection with a temporary promotion or for preferred customers,
based upon longevity of the relationship, volume of business transacted, and other factors. A
judicial appointee may freely accept such benefits if they are available to the general public, or if
the judicial appointee qualifies for the special price or discount according to the same criteria as
are applied to persons who are not judicial appointees. As an example, loans provided at
generally prevailing interest rates are not gifts, but a judicial appointee could not accept a loan
from a financial institution at below-market interest rates unless the same rate was being made
available to the general public for a certain period of time or only to borrowers with specified
qualifications that the judicial appointee also possesses.
[4] Rule 3.13 applies only to acceptance of gifts or other things of value by a judicial appointee.
Nonetheless, if a gift or other benefit is given to the judicial appointee's spouse, domestic
partner, or member of the judicial appointee's family residing in the judicial appointee's
household, it may be viewed as an attempt to evade Rule 3.13 and influence the judicial
appointee indirectly. Where the gift or benefit is being made primarily to such other persons, and
the judicial appointee is merely an incidental beneficiary, this concern is reduced. A judicial
appointee should, however, remind family and household members of the restrictions imposed
upon judicial appointees and urge them to take these restrictions into account when making
decisions about accepting such gifts or benefits.
[5] Rule 3.13 does not apply to contributions to a judicial appointee's campaign for judicial
office.
(a) Unless otherwise prohibited by Rule 3.1, Rule 3.13 (a), or other law, a judicial appointee
may accept reimbursement of necessary and reasonable expenses for travel, food, lodging, or
other incidental expenses, or a waiver or partial waiver of fees or charges for registration, tuition,
and similar items, from sources other than the judicial appointee's employing entity, if the
expenses or charges are associated with the judicial appointee's participation in extra-official
activities permitted by this Code.
(b) Reimbursement of expenses for necessary travel, food, lodging, or other incidental expenses
shall be limited to the actual costs reasonably incurred by the judicial appointee and, when
appropriate to the occasion, by the judicial appointee's spouse, domestic partner, or guest.
[1] Educational, civic, religious, fraternal, and charitable organizations often sponsor meetings,
seminars, symposia, dinners, awards ceremonies, and similar events. Judicial appointees are
encouraged to attend educational programs, as both teachers and participants, in law-related and
academic disciplines, in furtherance of their duty to remain competent in the law. Participation in
a variety of other extra-official activities is also permitted and encouraged by this Code.
[2] Not infrequently, sponsoring organizations invite certain judicial appointees to attend
seminars or other events on a fee-waived or partial-fee-waived basis, and sometimes include
reimbursement for necessary travel, food, lodging, or other incidental expenses. A judicial
appointee's decision whether to accept reimbursement of expenses or a waiver or partial waiver
of fees or charges in connection with these or other extra-official activities must be based upon
an assessment of all the circumstances. The judicial appointee must undertake a reasonable
inquiry to obtain the information necessary to make an informed judgment about whether
acceptance would be consistent with the requirements of this Code.
[3] A judicial appointee must assure himself or herself that acceptance of reimbursement or fee
waivers would not appear to a reasonable person to undermine the judicial appointee's
independence, integrity, or impartiality. The factors that a judicial appointee should consider
when deciding whether to accept reimbursement or a fee waiver for attendance at a particular
activity include:
(a) whether the sponsor is an accredited educational institution or bar association rather than a
trade association or a for-profit entity;
(b) whether the funding comes largely from numerous contributors rather than from a single
entity and is earmarked for programs with specific content;
(c) whether the content is related or unrelated to the subject matter of litigation pending or
impending before the judicial appointee, or to matters that are likely to come before the judicial
appointee;
(d) whether the activity is primarily educational rather than recreational, and whether the costs
of the event are reasonable and comparable to those associated with similar events sponsored by
the judiciary, bar associations, or similar groups;
(e) whether information concerning the activity and its funding sources is available upon
inquiry;
(f) whether the sponsor or source of funding is generally associated with particular parties or
interests currently appearing or likely to appear in the judicial appointee's court, thus possibly
requiring disqualification of the judicial appointee under Rule 2.11;
(g) whether differing viewpoints are presented; and
(h) whether a broad range of judicial and nonjudicial participants are invited, whether a large
number of participants are invited, and whether the program is designed specifically for judges
or judicial appointees.
A judicial appointee must accurately complete and timely file an annual Statement of Financial
Interests on the form and as otherwise prescribed by the Court of Appeals pursuant to Md. Rule
16-816.
SECTION 4.
RULES GOVERNING POLITICAL ACTIVITY
(a) Applicant
(1) "Applicant" means a judicial appointee who has applied for appointment by the Governor to
a judicial office.
(2) A judicial appointee becomes an applicant when the judicial appointee files an application
with a judicial nominating commission and remains an applicant until the Governor makes an
appointment to that judicial office unless, prior to that time, the judicial appointee formally
withdraws the application.
(3) If the judicial appointee is not appointed but, pursuant to an Executive Order of the
Governor or other law, remains eligible for appointment to another judicial office without a
further application to or recommendation from the judicial nominating commission, the judicial
appointee remains an applicant until the Governor makes an appointment to that other judicial
office, unless, prior to that time, the judicial appointee formally withdraws the application.
Cross references. -- Executive Order 01.01.2008.04
(b) Candidate for election
(1) "Candidate for election" means a judicial appointee who seeks initial election to a Circuit
Court or an Orphans' Court.
(2) A judicial appointee becomes a candidate for election on the date on which the judicial
appointee files a certificate of candidacy in accordance with Maryland election laws, but no
earlier than two years prior to the general election for that office.
(3) A judicial appointee who becomes a candidate for election under paragraph (c) remains a
candidate for election until the general election for the office unless, prior to that time, the
judicial appointee files a formal withdrawal of candidacy in accordance with Maryland election
laws.
(c) Political organization
"Political organization" includes a political party, a political committee, and a partisan

organization, as those terms are defined in Maryland Code, Election Article, 1-101.
Source. -- These definitions are derived from Rule 4.1 of the MCJC.
Rule 4.2. POLITICAL CONDUCT OF JUDICIAL APPOINTEE WHO IS NOT A CANDIDATE
(a) A judicial appointee who is not a candidate for election shall not engage in any partisan
political activity.
(b) A judicial appointee shall resign when the judicial appointee becomes a candidate for a non-
judicial office, except that a judicial appointee may continue to hold the appointed position while
a candidate for election as a delegate to a Maryland Constitutional Convention.
Source. -- Rule 4.2 is derived from Rule 4.2 of the MCJC.
An applicant for judicial office may initiate communications or contact with a judicial
nominating commission or its members and may seek endorsements for the appointment from
any other person or organization, other than a political organization.
[1] An applicant may initiate communications or contact with a judicial nominating commission
or its members, but neither the commission nor its members are obliged to respond to such
communications or contact. Applicants may appear for interviews before the commission and
may respond to questions or inquiries from commission members, and they may solicit
endorsements from other persons or organizations (other than a political organization). If they
have a question regarding the procedure or their application, they may contact the Administrative
Office of the Courts.
A candidate for election:
(a) shall comply with all applicable election laws and regulations;
(b) shall act at all times in a manner consistent with the independence, integrity, and impartiality
(c) subject to the other provisions of this Rule, may engage in partisan political activity allowed
by law with respect to such candidacy, and, in that regard:
(1) may publicly endorse or oppose candidates for the same judicial office;
(2) may attend or purchase tickets for dinners or other events sponsored by a political
organization or a candidate for public office; and
(3) may seek, accept, and use endorsements from any person or organization; but
(4) shall not act as a leader in or hold office in a political organization, make a speech for a
candidate or political organization, or publicly endorse a candidate for non-judicial office.
(d) As to statements and materials made or produced during a campaign:
(1) shall review, approve, and be responsible for the content of all campaign statements and
materials produced by the candidate or by the candidate's campaign committee or other
authorized agents;
(2) shall take reasonable measures to ensure that other persons do not undertake on behalf of the
candidate activities that the candidate is prohibited from doing by this Rule;
(3) with respect to a case, controversy, or issue that is likely to come before the judicial
appointee, shall not make a commitment, pledge, or promise that is inconsistent with the
impartial performance of the adjudicative duties of the office;
(4) shall not make any statement that would reasonably be expected to affect the outcome or
impair the fairness of a matter pending or impending in any court;
(5) shall not knowingly, or with reckless disregard for the truth, misrepresent the candidate's
identity or qualifications, the identity or qualifications of an opponent, or any other fact, or make
any false or misleading statement;
(6) may speak or write on behalf of the candidate's candidacy through any medium, including
advertisements, websites, or other campaign literature; and
(7) subject to paragraph (b) of this Rule, may respond to a personal attack or an attack on the
candidate's record.
[1] This Rule is derived from Rule 4.4 of the MCJC.
[2] Rule 4.4 (a) requires candidates for election to comply with all election laws and regulations.
The Election Law Article of the Maryland Code contains laws governing candidates, campaign
contributions, finance, expenditures, and reporting. Those requirements are supplemented by
regulations adopted by the State Board of Elections. Candidates for election must become
familiar with applicable laws and regulations and comply with them.
[3] Public confidence in the independence and impartiality of the judiciary is eroded if judicial
appointees, as candidates for judicial office, are perceived to be subject to political influence.
Although they may register to vote as members of a political party, they are prohibited by Rule
4.4 (c) (4) from assuming leadership roles in political organizations.
[4] Rule 4.4 (c) (4) also prohibits candidates for election from making speeches on behalf of
political organizations or publicly endorsing or opposing candidates for public office, to prevent
them from abusing the prestige of judicial office to advance the interests of others. See Rule 1.3.
Rule 4.4 does not prohibit candidates for election from (a) campaigning on their own behalf, (b)
endorsing or opposing candidates for election to the same judicial office for which they are
running, or (c) from having their name on the same sample ballot as a candidate for another
public office.
[5] Although members of the families of candidates for election are free to engage in their own
political activity, including running for public office, there is no "family exception" to the
prohibition in Rule 4.4 (c) (4) against publicly endorsing candidates for public office. A
candidate for election must not become involved in, or be publicly associated with, a family
member's political activity or campaign for public office. To avoid public misunderstanding,
candidates for election should take, and should urge members of their families to take,
reasonable steps to avoid any implication that they endorse any family member's candidacy or
other political activity.
[6] Judicial candidates must be scrupulously fair and accurate in all statements made by them
and by their campaign committees. Rule 4.4 (d) (5) obligates them to refrain from making
statements that are false or misleading, or that omit facts necessary to make the communication
considered as a whole not materially misleading. Rule 4.4 (d) (1) requires the candidate to
review and approve the content of statements made by the candidate's campaign committee or
other authorized agents and makes the candidate responsible for those statements.
[7] Candidates for election are sometimes the subject of false, misleading, or unfair allegations
made by opposing candidates, third parties, or the media. As long as the candidate for election
does not violate Rule 4.4 (d), he or she may make a factually accurate public response, although
it is preferable for someone else to respond if the allegations relate to a pending case. If an
independent third party has made unwarranted attacks on a candidate for election's opponent, the
candidate for election may disavow the attacks and request the third party to cease and desist.
[8] Rule 4.4 (d) (3) prohibits candidates for election, with regard to cases or issues likely to
come before the court, from making a commitment, promise, or pledge that is inconsistent with
the impartial performance of the duties of the office. The making of a commitment, promise, or
pledge is not dependent on, or limited to, the use of any specific words or phrases. The totality of
the statement must be examined to determine if a reasonable person would believe that the
candidate has specifically undertaken to reach a particular result. Commitments, promises, and
pledges must be contrasted with statements or announcements of personal views on legal,
political, or other issues, which are not prohibited. When making such statements, a candidate
for election should acknowledge the overarching judicial obligation to apply and uphold the law,
without regard to his or her personal views.
(a) A judicial appointee shall comply with the Rules in this Section 4 and with Rule 8.2 of the
Maryland Lawyers' Rules of Professional Conduct (Maryland Rule 16-812). If successful as a
candidate for election, the judicial appointee is subject to judicial discipline for campaign
conduct. If unsuccessful, the judicial appointee is subject to attorney discipline for campaign
conduct.
MARYLAND RULES
Md. Rule 16-815 (2012)
Rule 16-815. Financial disclosure statement
a. For purposes of this Rule, former judge means a former judge approved for recall for
temporary service under Maryland Constitution, Article IV, 3A.
b. Each judge and each former judge shall file with the State Court Administrator an annual
financial disclosure statement on the form prescribed by the Court of Appeals. When filed, a
financial disclosure statement is a public record.
c. Except as provided in paragraph d of this Rule:

1. The initial financial disclosure statement shall be filed on or before April 15, 1987 and shall
cover the period beginning on January 1, 1986 and ending on December 31, 1986.
2. A subsequent statement shall be filed annually on or before April 15 of each year and shall
cover the preceding calendar year or that portion of the preceding calendar year during which the
judge held office.
3. A financial disclosure statement is presumed to have been filed unless the State Court
Administrator, on April 16, notifies a judge that the judge's statement for the preceding calendar
year or portion thereof has not been received.
d. If a judge or other person who files a certificate of candidacy for nomination for an election to
an elected judgeship has filed a statement pursuant to 15-610 (b) of the State Government
Article, Annotated Code of Maryland, the person need not file for the same period of time the
statement required by paragraph c of this Rule.
e. The State Court Administrator is designated as the person to receive statements from the State
Administrative Board of Election Laws pursuant to 15-610 (b) of the State Government
Article.
f. Extension of time for filing.
1. Except when the judge or former judge is required to file a statement pursuant to 15-610 (b)
of the State Government Article, Annotated Code of Maryland, a judge or former judge may
apply to the State Court Administrator for an extension of time for filing the statement. The
application shall be submitted prior to the deadline for filing the statement, and shall set forth in
detail the reasons an extension is requested and the date upon which a completed statement will
be filed.
2. For good cause shown, the State Court Administrator may grant a reasonable extension of
time for filing the statement. Whether the State Court Administrator grants or denies the request,
the State Court Administrator shall furnish the judge or former judge and the Judicial Ethics
Committee with a written statement of the State Court Administrator's reasons for the decision
and the facts upon which the decision is based.
3. A judge or former judge who is dissatisfied with the State Court Administrator's decision may
seek review of the decision by the Judicial Ethics Committee by filing with the Committee a
statement of reasons for the judge's or former judge's dissatisfaction within ten days from the
date of the State Court Administrator's decision. The Committee may take the action it deems
appropriate with or without a hearing or the consideration of additional documents.
g. Failure to file statement -- Incomplete statement.
1. A judge or former judge who fails to file a timely statement, or who files an incomplete
statement, shall be notified in writing by the State Court Administrator, and given a reasonable
time, not to exceed ten days, within which to correct the deficiency. If the deficiency has not
been corrected within the time allowed, the State Court Administrator shall report the matter to
the on Judicial Ethics Committee.
2. If the Committee finds, after inquiry, that the failure to file or the omission of information
was either inadvertent or in a good faith belief that the omitted information was not required to
be disclosed, the Committee shall give the judge or former judge a reasonable period, not to
exceed 15 days, within which to correct the deficiency. Otherwise, the Committee shall refer the
matter to the Commission on Judicial Disabilities. If a judge or former judge who has been
allowed additional time within which to correct a deficiency fails to do so within that time, the
matter shall also be referred to the Commission on Judicial Disabilities.
h. This rule applies to each judge of a court named in Rule 16-813, Maryland Code of Judicial
Conduct, A-109 (General Provisions) who has resigned or retired in any calendar year, with
respect to the portion of that calendar year prior to the judge's resignation or retirement and to
each former judge with respect to the previous calendar year.
HISTORY: (Added Nov. 21, 1986, effective July 1, 1987; amended Nov. 21, 1995, effective
Dec. 1, 1995; June 5, 1996, effective Jan. 1, 1997; Dec. 2, 2004, effective July 1, 2005; Dec. 4,
2007, effective Jan. 1, 2008; June 7, 2011, effective July 1, 2011.)
MARYLAND RULES
Md. Rule 16-816 (2012)
Rule 16-816. Financial disclosure statement -- Judicial appointees
a. For purposes of this Rule, judicial appointee means (1) a full- or part-time master, (2) a
commissioner appointed by a District Administrative Judge with the approval of the Chief Judge
of the District Court of Maryland, and (3) an auditor or examiner who is full-time or who earns
in any calendar year, by reason of the judicial appointee's official position, compensation at least
equal to the pay provided for the base step of State Pay Grade 16, as in effect on July 1 of that
calendar year. If an auditor or examiner has served as such for only a portion of a calendar year,
a pro rata determination of compensation shall be applied.
Cross references. -- For the definition of judicial appointee for purposes of applying the
Maryland Code of Conduct for Judicial Appointees, see the Terminology section of Rule 16-814.
b. Every judicial appointee shall file with the State Court Administrator an annual financial
statement on the form prescribed by the Court of Appeals. When filed, a financial disclosure
statement is a public record.
c. Except as provided in paragraph d of this Rule:

(i) The initial financial disclosure statement shall be filed on or before April 15, 1989, and shall
cover the period beginning on January 1, 1988, and ending on December 31, 1988.
(ii) A subsequent statement shall be filed annually on or before April 15 of each year, and shall
cover the preceding calendar year or that portion of the preceding calendar year during which the
judicial appointee held office.
(iii) A financial disclosure statement is presumed to have been filed unless the State Court
Administrator, on April 16, notifies a judicial appointee that the judicial appointee's statement for
the preceding calendar year or portion thereof has not been received.
d. If a judicial appointee who files a certificate of candidacy for nomination for an elected office
has filed a statement pursuant to 15-605 or 15-610 (b) of the State Government Article,
Annotated Code of Maryland, the judicial appointee need not file for the same period of time the
statement required by paragraph c of this Rule.
e. The State Court Administrator is designated as the person to receive statements from the State
Administrative Board of Election Laws pursuant to 15-610 (b) of the State Government
Article.
f. (i) Except when the judicial appointee is required to file a statement pursuant to 15-605 or
15-610 (b) of the State Government Article, Annotated Code of Maryland, a judicial appointee
may apply to the State Court Administrator for an extension of time for filing the judicial
appointee's statement. The application shall be submitted prior to the deadline for filing the
statement, and shall set forth in detail the reasons an extension is requested and the date upon
which a completed statement will be filed.
(ii) For good cause shown, the State Court Administrator may grant a reasonable extension of
time for filing the statement. Whether the request is denied or approved, the State Court
Administrator shall furnish the judicial appointee and the Judicial Ethics Committee with a
written statement of the State Court Administrator's reasons, and the facts upon which this
decision is based.
(iii) A judicial appointee who is dissatisfied with the State Court Administrator's decision may
seek review by the Judicial Ethics Committee by filing with the Committee a statement of
reasons for the judicial appointee's dissatisfaction within ten days from the date of the State
Court Administrator's decision. The Committee may take the action it deems appropriate with or
without a hearing or the consideration of additional documents.
g. (i) A judicial appointee who fails to file a timely statement, or who files an incomplete
statement, shall be notified in writing by the State Court Administrator, and given a reasonable
time, not to exceed ten days, within which to correct the deficiency. If the deficiency has not
been corrected within the time allowed, the State Court Administrator shall report the matter to
the Judicial Ethics Committee.
(ii) If the Committee finds, after inquiry, that failing to file or the omission of information was
either inadvertent or in good faith belief that the omitted information was not required to be
disclosed, the Committee shall give the judicial appointee a reasonable period, not to exceed 15
days, within which to correct the deficiency. Otherwise, the Committee shall refer the matter to
the State Ethics Commission. If a judicial appointee who has been allowed additional time within
which to correct a deficiency fails to do so within that time, the matter shall also be referred to
the State Ethics Commission.
h. Violation of this Rule is grounds for disciplinary action, including removal, by the appointing
authority.
HISTORY: (Added Oct. 14, 1988, effective Jan. 1, 1989; amended Nov. 21, 1995, effective
Dec. 1, 1995; June 5, 1996, effective Jan. 1, 1997; Dec. 2, 2004, effective July 1, 2005; amended
March 9, 2010, effective July 1, 2010.)
MARYLAND RULES
Md. Rule 16-817 (2012)
Rule 16-817. Appointment of bail bond commissioner -- Licensing and regulation of bail
bondsmen
A majority of the judges of the circuit courts in any appellate judicial circuit may appoint a
bail bond commissioner and license and regulate bail bondsmen and acceptance of bail bonds.
Each bail bond commissioner appointed pursuant to this Rule shall prepare, maintain, and
periodically distribute to all District Court commissioners and clerks within the jurisdiction of
the appellate judicial circuit for posting in their respective offices, to the State Court
Administrator, and to the Chief Clerk of the District Court, an alphabetical list of bail bondsmen
licensed to write bail bonds within the appellate judicial circuit, showing the bail bondsman's
name, business address and telephone number, and any limit on the amount of any one bond, and
the aggregate limit on all bonds, each bail bondsman is authorized to write.
HISTORY: (Added Jan. 1, 1977, effective July 1, 1977; amended June 5, 1996, effective Jan. 1,
1997; Mar. 5, 2001, effective July 1, 2001.)
MARYLAND RULES
Md. Rule 16-818 (2012)
Rule 16-818. Disposition of records
a. Definitions. In this Rule, unless the context or subject matter otherwise requires:
1. Dispose. "Dispose" means to either destroy or remove records.
2. Records. "Records" mean any original papers, official books, documents, files, including but
not limited to dockets, electronic recordings of testimony and exhibits within the custody of the
clerk of the court.
Cross references. -- See Code, 9-1009 and 10-639 through 10-642 of the State Government
Article.
3. Schedule. "Schedule" means the form known as the "Records Retention and Disposal
Schedule" used by the Records Management Division of the Hall of Records Commission.
b. Authority. Subject to the provisions of this Rule, the clerk of the court, with the written
approval of the County Administrative Judge and in cooperation with the Hall of Records
Commission, may dispose of records within his custody.
Cross references. -- See 2-205 of the Courts Article.
c. Procedure.
1. Schedule preparation -- Hall of Records recommendation. The clerk of the court shall prepare
a schedule for the disposition of court records and submit it to the Hall of Records Commission
for its recommendation.
2. Administrative judge -- Approval. The schedule, together with the recommendation of the Hall
of Records Commission, shall be submitted for the written approval of the County
Administrative Judge who may approve it in whole or in part, amend it or disapprove it.
3. Court order. Approval of the schedule by the County Administrative Judge shall be deemed an
order of court providing for disposal of the records.
4. Contents of schedule. The schedule, as approved, shall set forth:
(i) The identification of the records.
(ii) The length of time the records are to be retained by the clerk of the court before disposition.
(iii) Whether the Hall of Records Commission declines to accept the records for preservation.
(iv) Whether the records are to be destroyed or removed.
(v) The place to which the records would be removed.
(vi) Whether the schedule shall be "standing" viz., operative until changed by further order of
court.
5. Removal procedures -- Hall of Records. In those cases where the Hall of Records Commission
accepts records, they shall be removed according to the Hall of Records Commission procedures.
6. Disposal if Hall of Records declines custody. In those cases where the Hall of Records
Commission declines records, disposition shall be according to the terms set forth in the schedule
as approved. If the records are to be destroyed the clerk shall obtain the approval of the Board of
Public Works and upon destruction shall file a certificate of destruction with the Hall of Records
Commission.
Cross references. -- See Code, 10-642 of the State Government Article.
Committee note. -- This Rule is meant to allow periodic destruction of records without the
necessity of obtaining Board of Public Works approval each time if such destruction of records
or classes of records had been clearly approved by the Board of Public Works in a standing
schedule.
d. Limitations upon disposal of records.
1. Permanent retention -- Clerks or Hall of Records. Records which shall be retained

permanently either by the clerks or the Hall of Records Commission:
(i) Permanent books of account.
(ii) Indices and dockets maintained by the clerks.
(iii) Other records as designated on a schedule as approved.
2. Permanent retention -- Clerks. Records which shall be retained permanently by the clerk:
(i) Records affecting title to real estate.
3. Records destruction after certain periods. Records which may be destroyed by the clerk after
the following minimum periods of time:
(i) Motor vehicle and natural resources cases -- three years after case is closed and audit
performed, if required; except for convictions of offenses which carry subsequent offender
penalties which cases shall be retained as permanent records.
(ii) Landlord/Tenant cases -- three years in cases involving restitution of premises where there is
no money judgment.
(iii) Other records -- according to times designated on a schedule as approved -- twelve years.
4. Disposal if photographed, photocopied, or microphotographed. Any of the records set forth in

subsections 1, 2, and 3 of this section may be disposed of at any time provided that the records
have been photographed, photocopied or microphotographed in accordance with the Hall of
Records Commission procedures and copies have been substituted therefor.
HISTORY: (Added June 16, 1975, effective July 1, 1975; amended Dec. 17, 1975, effective
Jan. 1, 1976; May 6, 1977, effective July 1, 1977; June 5, 1996, effective Jan. 1, 1997.)
MARYLAND RULES
Md. Rule 16-819 (2012)
Rule 16-819. Court interpreters
(1) Certified interpreter. "Certified Interpreter" means an interpreter who is certified by:
(A) the Maryland Administrative Office of the Courts;
(B) a member of the Consortium for State Court Interpreter Certification; or
(C) the Federal Administrative Office of the Courts.
(2) Interpreter. "Interpreter" means an adult who has the ability to render a complete and accurate
interpretation or sight translation, without altering, omitting, or adding anything to what is stated
or written and without explanation.
(3) Interpreter eligible for certification. "Interpreter eligible for certification" means an
interpreter who is not a certified interpreter but who:
(A) has submitted to the Administrative Office of the Courts a completed Maryland State
Judiciary Information Form for Spoken and Sign Language Court Interpreters and a statement
swearing or affirming compliance with the Maryland Code of Conduct for Court Interpreters;
(B) has attended the Maryland Judiciary's orientation workshop on court interpreting; and
(C) does not have, in a state or federal court of record, a pending criminal charge or conviction
on a charge punishable by a fine of more than $ 500 or imprisonment for more than six months
unless pardoned or expunged in accordance with law.
(4) Non-certified interpreters. "Non-certified interpreter" means an interpreter other than a

certified interpreter or an interpreter eligible for certification.
(5) Person who needs an interpreter. "Person who needs an interpreter" means a party or a
witness who is deaf or unable adequately to understand or express himself or herself in spoken or
written English.
(b) Application for the appointment of an interpreter. A person who needs an interpreter may
apply to the court for the appointment of an interpreter. As far as practicable, an application for
the appointment of an interpreter shall be (1) presented on a form approved by administrative
order of the Court of Appeals and available from the clerk of the court and (2) submitted not less
than 30 days before the proceeding for which the interpreter is requested.
(c) Procedures to determine the need for interpreters.
(1) Sign language interpreter. The court shall determine whether a sign language interpreter is
needed in accordance with the requirements of the Americans with Disabilities Act, 42 U.S.C.
12101, et seq.; Code, Courts Article, 9-114; and Code, Criminal Procedure Article, 1-202
and 3-103.
(2) Spoken language interpreter.
(A) Examination of party or witness. To determine whether a spoken language interpreter is

needed, the court, on request or on its own initiative, shall examine a party or witness on the
record. The court shall appoint a spoken language interpreter if the court determines that:
(i) the party does not understand English well enough to participate fully in the proceedings and
to assist counsel, or
(ii) the party or a witness does not speak English well enough to be understood by counsel, the
court, and the jury.
(B) Scope of examination. The court's examination of the party or witness should include
questions relating to:
(i) identification;
(ii) active vocabulary in vernacular English; and
(iii) the court proceedings.
Committee note. -- Examples of matters relating to identification are: name, address, birth date,
age, and place of birth. Examples of questions that elicit active vocabulary in vernacular English
are: How did you come to court today? What kind of work do you do? Where did you go to
school? What was the highest grade you completed? What do you see in the courtroom?
Examples of questions relating to the proceedings are: What do you understand this case to be
about? What is the purpose of what we are doing here in court? What can you tell me about the
rights of the parties to a court case? What are the responsibilities of a court witness? Questions
should be phrased to avoid "yes or no" replies.
(d) Selection and appointment of interpreters.

(1) Certified interpreter required; exceptions. When the court determines that an interpreter is
needed, the court shall make a diligent effort to obtain the services of a certified interpreter. If a
certified interpreter is not available, the court shall make a diligent effort to obtain the services of
an interpreter eligible for certification. The court may appoint a non-certified interpreter only if
neither a certified interpreter nor an interpreter eligible for certification is available. A person
related by blood or marriage to a party or to the person who needs an interpreter may not act as
an interpreter.
Committee note. -- The court should be cautious about appointing a non-certified interpreter and
should consider carefully the seriousness of the case and the availability of resources before
doing so.
(2) Inquiry of prospective interpreter. Before appointing an interpreter under this Rule, the court
shall conduct an appropriate inquiry of the prospective interpreter on the record.
Committee note. -- The court should use the interpreter inquiry questions promulgated by the
Maryland Judicial Conference Advisory Committee on Interpreters and published, together with
suggested responses, in the October 20, 1998 Report of the Advisory Committee. The questions
and suggested responses are reprinted as an Appendix to these Rules.
(3) Oath. Upon appointment by the court and before acting as an interpreter in the proceeding,
the interpreter shall solemnly swear or affirm under the penalties of perjury to interpret
accurately, completely, and impartially and to refrain from knowingly disclosing confidential or
privileged information obtained while serving in the proceeding. If the interpreter is to serve in a
grand jury proceeding, the interpreter also shall take and subscribe an oath that the interpreter
will keep secret all matters and things occurring before the grand jury.
(4) Multiple interpreters in the same language. At the request of a party or on its own initiative,
the court may appoint more than one interpreter in the same language to ensure the accuracy of
the interpretation or to preserve confidentiality if:
(A) the proceedings are expected to exceed three hours;
(B) the proceedings include complex issues and terminology or other such challenges; or
(C) an opposing party requires an interpreter in the same language.
Committee note. -- To ensure accurate interpretation, after interpreting for a period of forty-five
minutes, an interpreter ordinarily should be granted a reasonable rest period.
(e) Removal from proceeding. A court interpreter may be removed from a proceeding by a judge
or judicial appointee within the meaning of Rule 16-814 (e)(1), who shall then notify the
Administrative Office of the Courts that the action was taken.
(f) Compensation of court interpreters. Compensation for interpreters shall be in accordance with
Code, Criminal Procedure Article, 1-202 and 3-103 and Code, Courts Article, 9-114.
HISTORY: (Added Oct. 31, 2002, effective Jan. 1, 2003; Amended April 5, 2005, effective July
1, 2005; May 8, 2007, effective July 1, 2007; amended Sept. 10, 2009, effective Oct. 1, 2009.)
MARYLAND RULES
Md. Rule 16-821 (2012)
Rule 16-821. Performance of marriage ceremonies by judges -- Applicability of rules
Rules 16-821 through 16-824 apply to all Maryland judges of the District Court, a circuit
court, the Court of Special Appeals, and the Court of Appeals, including retired judges approved
for recall pursuant to Maryland Constitution, Article IV, 3A and Code, Courts Article, 1-302,
who wish to perform marriage ceremonies.
HISTORY: (Added Nov. 12, 2003, effective Jan. 1, 2004; amended April 5, 2005, effective July
1, 2005.)
MARYLAND RULES
Md. Rule 16-822 (2012)
Rule 16-822. Scheduling
(a) Clerk's responsibilities. A judge who has agreed to perform a marriage ceremony shall
notify the clerk of the circuit court for the county in which the ceremony is to take place. The
clerk is responsible for recording and reporting the marriage. The parties are responsible for
making all other arrangements.
Committee note. -- Except for communications necessary to determine a judge's willingness and
availability to perform the ceremony, a judge's staff should not be used to make arrangements for
a marriage ceremony.
(b) Non-interference with court functions. Ceremonies shall be scheduled so as not to interfere
with the prompt disposition of cases and other judicial and administrative duties of the judge, and
the use of public resources shall be reasonable and consistent with the security of the courthouse.
(c) Place of ceremony. A judge may perform a marriage ceremony at a location other than in a
Courthouse.
(d) Time of ceremony. A judge may perform a marriage ceremony at any time, including on a
court holiday or after regular court hours.

MARYLAND RULES
Md. Rule 16-823 (2012)
Rule 16-823. Judicial action
(a) Ceremony. A judge who performs a marriage ceremony shall include substantially the form
of ceremony used by the clerk of the circuit court for the county where the marriage is to be
performed. If the parties request, and the judge agrees, the ceremony may include reference to
matters not typically found in the clerk's ceremony. A judge may participate in performing a
marriage ceremony with another person authorized under Maryland law to perform marriage
ceremonies.
(b) License. A judge may not perform a marriage ceremony unless a license has been issued by
the clerk of the circuit court in the county where the ceremony is to be performed. A judge who
performs a marriage ceremony shall (1) complete the certificate of marriage, (2) provide a copy
of the certificate to the parties, and (3) return the completed certificate to the issuing clerk of
court for recordation and reporting of the marriage as required by law. A judge who grants a
request for the issuance of a marriage license under Code, Family Law Article, 2-405 (d) also
may perform the marriage.
(c) Refusal to perform ceremony. A judge may decline to perform a marriage ceremony.

MARYLAND RULES
Md. Rule 16-824 (2012)
Rule 16-824. Restrictions
(a) Judge's own ceremony. A judge may not perform his or her own marriage ceremony.
(b) Compensation. A judge may receive no compensation, remuneration, or gift for performing a
marriage ceremony.
Committee note. -- See Code, Family Law Article, 2-410, as to the fees a clerk or deputy clerk
shall collect for performing a marriage ceremony.
(c) Advertising or other solicitations. A judge may not give or offer to give any reward to any
person as an inducement to have the judge perform a marriage ceremony. A judge may not
advertise or otherwise solicit individuals contemplating marriage to choose the judge to perform
the ceremony.
HISTORY: (Added Nov. 12, 2003, effective Jan. 1, 2004; amended March 9, 2010, effective
July 1, 2010.)
MARYLAND RULES
CHAPTER 900. PRO BONO LEGAL SERVICE
Md. Rule 16-901 (2012)
Rule 16-901. State Pro Bono Committee and Plan
(a) Standing Committee on Pro Bono Legal Service.
(1) Creation. There is a Standing Committee of the Court of Appeals on Pro Bono Legal Service.
(2) Members. The Standing Committee consists of the following members appointed by the
Court of Appeals:
(A) eight members of the Maryland Bar, including one from each appellate judicial circuit and
one selected from the State at large;
(B) a maximum of three Circuit Court judges selected from nominees submitted by the
Conference of Circuit Judges;
(C) a maximum of three District Court judges selected from nominees submitted by the Chief
Judge of the District Court;
(D) the Public Defender or a designee of the Public Defender;
(E) a representative from the Legal Aid Bureau, Maryland Volunteer Lawyers Service, Pro
Bono Resource Center of Maryland, and one other pro bono referral organization; and
(F) a member of the general public.
(3) Terms; chair. The term of each member is three years. A member may be reappointed to
serve one or more additional terms. The Court of Appeals shall designate one of the members as
chair.
(4) Consultants. The Standing Committee may designate a reasonable number of consultants
from among court personnel or representatives of other organizations or agencies concerned with
the provision of legal services to persons of limited means.
(b) Functions of the Standing Committee.
(1) Required. The Standing Committee shall:

(A) develop standard forms for use by the Local Pro Bono Committees in developing and
articulating the Local Pro Bono Action Plans and making their annual reports;
(B) recommend uniform standards for use by the Local Pro Bono Committees to assess the need
for pro bono legal services in their communities;
(C) review and evaluate the Local Pro Bono Action Plans and the annual reports of the Local
Pro Bono Committees;
(D) collect and make available to Local Pro Bono Committees information about pro bono
projects;
(E) at the request of a Local Pro Bono Committee, provide guidance about the Rules in this
Chapter and Rule 6.1 of the Maryland Lawyers' Rules of Professional Conduct;
(F) file with the Court of Appeals an annual report and recommendations about the
implementation and effectiveness of the Local Pro Bono Action Plans, the Rules in this Chapter,
and Rule 6.1 of the Maryland Lawyers' Rules of Professional Conduct; and
(G) prepare a State Pro Bono Action Plan as provided in section (c) of this Rule.
(2) Permitted. The Standing Committee may make recommendations to the Court of Appeals
concerning the appointment and reappointment of its members.
(c) State Pro Bono Action Plan.
(1) Generally. Within three years after the effective date of this Rule, the Standing Committee
shall submit to the Court of Appeals a State Pro Bono Action Plan to promote increased efforts
on the part of lawyers to provide legal assistance to persons of limited means. In developing the
Plan, the Standing Committee shall:
(A) review and assess the results of the Local Pro Bono Action Plans;
(B) assess the data generated by the reports required by Rule 16-903;
(C) gather and consider information pertinent to the existence, nature, and extent of the need for
pro bono legal services in Maryland; and
(D) provide the opportunity for one or more public hearings.
(2) Contents. The State Pro Bono Action Plan may include a recommendation for increasing or
decreasing the aspirational goals for pro bono publico legal service set forth in Rule 6.1 of the
Maryland Lawyers' Rules of Professional Conduct. The Plan should include suggestions for the
kinds of pro bono activities that will be most helpful in meeting the need for pro bono legal
service throughout the State and should address long-range pro bono service issues.
Committee note. -- Examples of long-range issues that may be addressed include opportunities
for transactional lawyers, government lawyers, business lawyers, and in-house counsel to render
pro bono legal service; opportunities for pro bono legal service by lawyers who are unable to
provide direct client representation; "collective responsibility" for pro bono legal service when a
law firm designates certain lawyers to handle only pro bono matters; and encouraging pro bono
legal service among law students and in the legal academic setting.
(d) Publication. The Clerk of the Court of Appeals shall cause the State Action Plan submitted by
the Standing Committee to be published in the Maryland Register and such other publications as
the Court directs and shall establish a reasonable period for public comment.
(e) Consideration by the Court of Appeals. After the comment period, the Court of Appeals shall
hold a public hearing and take appropriate action on the Plan.
HISTORY: (Added April 9, 2002, effective July 1, 2002; amended October 20, 2010, effective
October 20, 2010.)
MARYLAND RULES
Md. Rule 16-902 (2012)
Rule 16-902. Local Pro Bono Committees and Plans
(a) Local Pro Bono Committees.
(1) Creation. There is a Local Pro Bono Committee for each county.
(2) Members. The Local Pro Bono Committee consists of at least two representatives nominated
by legal services organizations and pro bono referral organizations that provide services in the
county and selected by the County Administrative Judge and the District Administrative Judge,
and no more than nine additional members, as follows:
(A) the District Public Defender for the county or an assistant public defender selected by the
District Public Defender;
(B) at least three but no more than five lawyers, appointed by the president of the county bar
association, who practice in the county and at least one of whom is an officer of the county bar
association;
(C) at least one but no more than two persons from the general public, appointed jointly by the
County Administrative Judge and the District Administrative Judge; and
(D) at least one but no more than two trial court judges, with the selection of any circuit court
judge made by the County Administrative Judge and the selection of any District Court judge
made by the County Administrative Judge with the concurrence of the Chief Judge of the District
Court.
(3) Term. Each Committee shall establish a procedure for new membership, including
articulating length of terms, to ensure member rotation and involvement.
(4) Chair. The County Administrative Judge shall appoint a member of the Committee to serve
as temporary chair. The temporary chair shall convene a meeting at which the Committee shall
elect a member to serve as chair. Each Committee shall establish a procedure by which its chair
will be replaced.
(5) Full Membership. On at least an annual basis, the County Administrative Judge shall assess
the composition of the Committee and take steps to ensure full membership of the Committee.
(6) Consultants. The Committee may designate a reasonable number of consultants from among
court personnel or representatives of other organizations or agencies concerned with the
provision of legal services to persons of limited means. Each consultant should be encouraged to
attend meetings and participate as a member, providing input and assisting in the development
and implementation of the plan, where appropriate, without being a voting member of the
Committee.
(b) Duties of the Committee.
(1) The local pro bono committee shallassess the needs in the county for pro bono legal service,
including the needs of non-English speaking, minority, and isolated populations;
(2) determine the nature and extent of existing and proposed free or low-cost legal services, both
staff and volunteer, for persons of limited means in the county;
(3) establish goals and priorities for pro bono legal service in the county;
(4) prepare a Local Pro Bono Action Plan as provided in section (c) of this Rule;
(5) in accordance with the policies and directives established by the Standing Committee or the
Court of Appeals, implement or monitor the implementation of the Plan; and
(6) submit an annual report about the Plan to the Standing Committee by May 1.
(c) Local Pro Bono Action Plans.
(1) Generally. The Local Pro Bono Committee shall develop, in coordination with existing legal
services organizations and pro bono referral organizations that provide services in the county, a
detailed Local Pro Bono Action Plan to promote pro bono legal service to meet the needs of
persons of limited means in the county. The Plan shall be submitted to the Standing Committee
within one year after creation of the Local Committee. The Local Pro Bono Committees of two
or more adjoining counties may collaborate and form a Regional Pro Bono Committee with
approval of the Administrative Judges of the counties that wish to collaborate. With the approval
of the Standing Committee, a single joint Pro Bono Action Plan may be developed for two or
more adjoining counties, by collaboration of the Local Pro Bono Committees.
(2) Contents. The Local Pro Bono Action Plan shall address the following matters:
(A) screening applicants for pro bono representation and referring them to appropriate referral
sources or panels of participating attorneys;
(B) establishing or expanding attorney referral panels;
(C) continuing and supporting current services provided by existing pro bono and legal services
organizations;
(D) a procedure for matching cases with individual attorney expertise, including specialized
panels;
(E) support for participating attorneys, including
(i) providing litigation resources and out-of-pocket expenses for pro bono cases;
(ii) providing or supplementing legal malpractice insurance for participating attorneys;
(iii) providing legal education and training for participating attorneys in specialized areas of the
law relevant to pro bono legal service, including consultation services with attorneys who have
expertise in areas of law in which participating attorneys seek to provide pro bono service; and
(iv) recommending court scheduling and docketing preferences for pro bono cases;
(F) methods of informing lawyers about the ways in which they may provide pro bono legal
service;
Committee note. -- Ways in which lawyers may provide pro bono legal service include assisting
in the screening and intake process; interviewing prospective clients and providing basic
consultation; participating in self-represented clinics or other programs in which lawyers provide
advice and counsel, assist persons in drafting letters or documents, or assist persons in planning
transactions or resolving disputes without the need for litigation; representing clients through
case referral; acting as co-counsel with legal service providers or other participating attorneys;
providing consultation to legal service providers for case reviews and evaluations; training or
consulting with other participating attorneys or staff attorneys affiliated with a legal service
provider; engaging in legal research and writing; and, if qualified through training and
experience, serving as a mediator, arbitrator, or neutral evaluator.
(G) coordinating implementation of the Plan with the courts, county bar associations, and other
agencies and organizations;
(H) the number of hours of pro bono legal services needed annually to meet the needs of persons
of limited means in the county; and
(I) programs to recognize lawyers who provide pro bono legal services.
HISTORY: (Added April 9, 2002, effective July 1, 2002; April 10, 2007, effective July 1, 2007;
MARYLAND RULES
Md. Rule 16-903 (2012)
Rule 16-903. Reporting Pro Bono Legal Service
(a) Required as a condition of practice. As a condition precedent to the practice of law, each
lawyer admitted to practice in Maryland shall file annually with the Administrative Office of the
Courts, in accordance with this Rule, a Pro Bono Legal Service Report on a form approved by
the Court of Appeals. The form shall not require the identification of pro bono clients.
Committee note. -- The purpose of pro bono legal service reporting is to document the pro bono
legal service performed by lawyers in Maryland and determine the effectiveness of the Local Pro
Bono Action Plans, the State Pro Bono Action Plan, the Rules in this Chapter, and Rule 6.1 of
the Maryland Lawyers' Rules of Professional Conduct.
(b) Oversight of the reporting process. The Court of Appeals shall designate an employee of the
Administrative Office of the Courts to oversee the reporting process set forth in this Rule.
(c) Mailing by the Administrative Office of the Courts. On or before January 10 of each year, the
Administrative Office of the Courts shall mail a Pro Bono Legal Service Report form to each
lawyer on the list maintained by the Client Protection Fund of the Bar of Maryland. The
addresses on that list shall be used for all notices and correspondence pertaining to the reports.
(d) Due date. Pro Bono Legal Service Reports for a given calendar year shall be filed with the
Administrative Office of the Courts on or before February 15 of the following calendar year.
(e) Enforcement.
(1) Notice of default. As soon as practicable after May 1 of each year, the Administrative Office
of the Courts shall notify each defaulting lawyer of the lawyer's failure to file a report. The notice
shall (A) state that the lawyer has not filed the Pro Bono Legal Service Report for the previous
calendar year, (B) state that continued failure to file the Report may result in the entry of an
order by the Court of Appeals prohibiting the lawyer from practicing law in the State, and (C) be
sent by first class mail. The mailing of the notice of default shall constitute service.
(2) Additional discretionary notice of default. In addition to the mailed notice, the Administrative
Office of the Courts may give additional notice to defaulting lawyers by any of the means
enumerated in Rule 16-811 f 3.
(3) List of defaulting lawyers. As soon as practicable after July 1 of each year but no later than
August 1, the Administrative Office of the Courts shall prepare, certify, and file with the Court
of Appeals a list that includes the name and address of each lawyer engaged in the practice of
law who has failed to file the Pro Bono Legal Service Report for the previous year.
(4) Certification of default; Order of Decertification. The Administrative Office of the Courts
shall submit with the list a proposed Decertification Order stating the names and addresses of
those lawyers who have failed to file their Pro Bono Legal Service Reports for the specified
calendar year. At the request of the Court of Appeals, the Administrative Office ofthe Courts
also shall furnish additional information from its records or give further notice to the defaulting
lawyers. If satisfied that the Administrative Office of the Courts has given the required notice to
each lawyer named on the proposed Decertification Order, the Court of Appeals shall enter a
Decertification Order prohibiting each of them from practicinglaw in the State.
(5) Mailing of Decertification Order. The Administrative Office of the Courts shall mail by first
class mail a copy of the Decertification Order to each lawyer named in the Order. The mailing of
the copy of the Decertification Order shall constitute service.
(6) Recertification; restoration to good standing. If a lawyer thereafter files the outstanding Pro
Bono Legal Service Report, the Administrative Office of the Courts shall request the Court of
Appeals to enter an order that recertifies the lawyer and restores the lawyer to good standing.
Upon entry of that order, the Administrative Office of the Courts promptly shall furnish
confirmation to the lawyer. After a lawyer is recertified, the fact that the lawyer had been
decertified need not be disclosed by the lawyer in response to a request for information as to
whether the lawyer has been the subject of a disciplinary or remedial proceeding.
(7) Notices to Clerks. The Clerk of the Court of Appeals shall send a copy of each
Decertification Order and each order that recertifies a lawyer and restores the lawyer to good
standing entered pursuant to this Rule to the Clerk of the Court of Special Appeals, the Clerk of
each circuit court, the Chief Clerk of the District Court, and the Register of Wills for each
county.
(f) Certain Information Furnished to the Standing Committee on Pro Bono Legal Service. The
Administrative Office of the Courts shall submit promptly to the Standing Committee on Pro
Bono Legal Service a compilation of non-identifying information and data from the Pro Bono
Legal Service Reports.
(g) Confidentiality. Pro Bono Legal Service Reports are confidential and are not subject to
inspection or disclosure under Code, State Government Article, 10-615 (2) (iii). The
Administrative Office of the Courts shall not release the Reports to any person or agency, except
upon order of the Court of Appeals. Nonidentifying information and data contained in a lawyer's
Pro Bono Legal Service Report are not confidential.
HISTORY: (Added Apr. 9, 2002, effective July 1, 2002; May 8, 2007, effective July 1, 2007;
MARYLAND RULES
CHAPTER 1000. ACCESS TO COURT RECORDS
Md. Rule 16-1001 (2012)
necessary implication requires.
(a) Administrative record.
(1) Except as provided in subsection (a)(3) of this Rule, "administrative record" means a record
that:
(A) pertains to the administration of a court, another judicial agency, or the judicial system of
the State; and
(B) is not otherwise a case record.
(2) "Administrative record" includes:
(A) a rule adopted by a court pursuant to Rule 1-102;
(B) an administrative order, policy, or directive that governs the operation of a court, including
an order, policy, or directive that determines the assignment of one or more judges to particular
divisions of the court or particular kinds of cases;
(C) an analysis or report, even if derived from court records, that is:
(i) prepared by or for a court or other judicial agency;
(ii) used by the court or other judicial agency for purposes of judicial administration; and
(iii) not filed, and not required to be filed, with the clerk of a court.
(D) a jury plan adopted by a court;
(E) a case management plan adopted by a court;
(F) an electronic filing plan adopted by a court; and
(G) an administrative order issued by the Chief Judge of the Court of Appeals pursuant to Rule
16-1002.
(3) "Administrative record" does not include a document or information gathered, maintained, or
stored by a person or entity other than a court or other judicial agency, to which a court or other
judicial agency has access but which is not a case record.
(b) Business license record.
(1) "Business license record" means a court record pertaining to an application for a business
license issued by the clerk of a court, and includes the application for the license and a copy of
the license.
(2) "Business license record" does not include a court record pertaining to a marriage license.
(c) Case record.
(1) Except as otherwise provided in this Rule, "case record" means:
(A) a document, information, or other thing that is collected, received, or maintained by a court
in connection with one or more specific judicial actions or proceedings;
(B) a copy of a marriage license issued and maintained by the court, including, after the license
is issued, the application for the license;
(C) a miscellaneous record filed with the clerk of the court pursuant to law that is not a notice
record.
(2) "Case record" does not include a document or information described in subsection (a)(3) of
this Rule.
(d) Court. "Court" means the Court of Appeals of Maryland, the Court of Special Appeals, a
circuit court, the District Court of Maryland, and an orphans' court of Maryland.
(e) Court record. "Court record" means a record that is:
(1) an administrative record;
(2) a business license record;
(3) a case record; or
(4) a notice record.
(f) Custodian. "Custodian" means:
(1) the clerk of a court; and

(2) any other authorized individual who has physical custody and control of a court record.
(g) Individual. "Individual" means a human being.
(h) Judicial agency. "Judicial agency" means a unit within the Judicial Branch of the Maryland
Government.
(i) Notice record. "Notice record" means a record that is filed with a court pursuant to statute for
the principal purpose of giving public notice of the record. It includes deeds, mortgages, and
other documents filed among the land records; financing statements filed pursuant to Code,
Commercial Law Article, Title 9; and tax and other liens filed pursuant to statute.
(j) Person. "Person" means an individual, sole proprietorship, partnership, firm, association,
corporation, or other entity.
(k) Remote access. "Remote access" means the ability to inspect, search, or copy a court record
by electronic means from a location other than the location where the record is stored.
HISTORY: (Added Mar. 4, 2004, effective Oct. 1, 2004.)

MARYLAND RULES
Md. Rule 16-1002 (2012)
Rule 16-1002. General policy
(a) Presumption of openness. Court records maintained by a court or by another judicial agency
are presumed to be open to the public for inspection. Except as otherwise provided by or
pursuant to the Rules in this Chapter, the custodian of a court record shall permit a person, upon
personal appearance in the office of the custodian during normal business hours, to inspect the
record.
(b) Protection of records. To protect court records and prevent unnecessary interference with the
official business and duties of the custodian and other court personnel,
(1) a clerk is not required to permit inspection of a case record filed with the clerk for docketing
in a judicial action or a notice record filed for recording and indexing until the document has
been docketed or recorded and indexed; and
(2) the Chief Judge of the Court of Appeals, by administrative order, a copy of which shall be
filed with and maintained by the clerk of each court, may adopt procedures and conditions, not
inconsistent with the Rules in this Chapter, governing the timely production, inspection, and
copying of court records.
Committee note. -- It is anticipated that, by Administrative Order, entered pursuant to section (b)
of this Rule, the Chief Judge of the Court of Appeals will direct that, if the clerk does not permit
inspection of a notice record prior to recording and indexing of the record, (1) persons filing a
notice record for recording and indexing include a separate legible copy of those pages of the
document necessary to identify the parties to the transaction and the property that is the subject
of the transaction and (2) the clerk date stamp that copy and maintain it in a separate book that is
subject to inspection by the public.
(c) Exhibit attached to motion or marked for identification. Unless a judicial action is not open to
the public or the court expressly orders otherwise, a court record that consists of an exhibit (1)
attached to a motion that has been ruled upon by the court or (2) marked for identification at
trial, whether or not offered in evidence, and if offered, whether or not admitted, is subject to
inspection, notwithstanding that the record otherwise would not have been subject to inspection
under the Rules in this Chapter.
(d) Fees.
(1) In this Rule, "reasonable fee" means a fee that bears a reasonable relationship to the actual or
estimated costs incurred or likely to be incurred in providing the requested access.
(2) Unless otherwise expressly permitted by the Rules in this Chapter, a custodian may not
charge a fee for providing access to a court record that can be made available for inspection, in
paper form or by electronic access, with the expenditure of less than two hours of effort by the
custodian or other judicial employee.
(3) A custodian may charge a reasonable fee if two hours or more of effort is required to provide
the requested access.
(4) The custodian may charge a reasonable fee for making or supervising the making of a copy
or printout of a court record.
(5) The custodian may waive a fee if, after consideration of the ability of the person requesting
access to pay the fee and other relevant factors, the custodian determines that the waiver is in the
public interest.
(e) New court records.
(1) Except as expressly required by other law and subject to Rule 16-1008, neither a custodian
nor a court or other judicial agency is required by the Rules in this Chapter to index, compile, re-
format, program, or reorganize existing court records or other documents or information to create
a new court record not necessary to be maintained in the ordinary course of business. The
removal, deletion, or redaction from a court record of information not subject to inspection under
the Rules in this Chapter in order to make the court record subject to inspection does not create a
new record within the meaning of this Rule.
(2) If a custodian, court, or other judicial agency (A) indexes, compiles, re-formats, programs, or
reorganizes existing court records or other documents or information to create a new court
record, or (B) comes into possession of a new court record created by another from the indexing,
compilation, re-formatting, programming, or reorganization of other court records, documents, or
information, and there is no basis under the Rules in this Chapter to deny inspection of that new
court record or some part of that court record, the new court record or a part for which there is no
basis to deny inspection shall be subject to inspection.
(f) Access by judicial employees, parties, and counsel of record. The Rules in this Chapter
address access to court records by the public at large. The Rules do not limit access to court
records by judicial officials or employees in the performance of their official duties, or to a case
record by a party or counsel of record in the action.
HISTORY: (Added Mar. 4, 2004, effective Oct. 1, 2004; amended March 7, 2006, effective July
1, 2006; May 8, 2007, effective July 1, 2007.)
MARYLAND RULES
Md. Rule 16-1003 (2012)
Rule 16-1003. Copies
(a) Except as otherwise expressly provided by law, a person who is entitled to inspect a court
record is entitled to have a copy or printout of the court record. The copy or printout may be in
paper form or, subject to Rule 16-1008 (a)(3), in electronic form.
(b) To the extent practicable, a copy or printout in paper form shall be made where the court
record is kept and while the court record is in the custody of the custodian.

MARYLAND RULES
Md. Rule 16-1004 (2012)
Rule 16-1004. Access to notice, administrative, and business license records
(a) Notice records. A custodian may not deny inspection of a notice record that has been
recorded and indexed by the clerk.
(b) Administrative and business license records.

(1) Except as otherwise provided by the Rules in this Chapter, the right to inspect administrative
and business license records is governed by Code, State Government Article, 10-611 through
10-626.
(2) (A) A custodian shall deny inspection of an administrative record used by the jury
commissioner in the jury selection process, except (i) as a trial judge orders in connection with a
challenge under Code, Courts Article, 8-408 and 8-409; and (ii) as provided in (B) and (C) of
this subsection.
(B) A custodian shall, upon request, disclose the names and zip codes of the sworn jurors
contained on a jury list after the jury has been impaneled and sworn, unless otherwise ordered by
the trial judge.
(C) After a source pool of qualified jurors has been emptied and re-created in accordance with
Code, Courts Article, 8-207, and after every person selected to serve as a juror from that pool
has completed the person's service, a trial judge shall, upon request, disclose the name, zip code,
age, sex, education, occupation, and spouse's occupation of each person whose name was
selected from that pool and placed on a jury list, unless, in the interest of justice, the trial judge
determines that this information remain confidential in whole or in part.
(D) A jury commissioner may provide jury lists to the Health Care Alternative Dispute
Resolution Office as required by that Office in carrying out its duties, subject to that Office
adopting regulations to ensure against improper dissemination of juror data.
(E) At intervals acceptable to the jury commissioner, a jury commissioner shall provide the State
Board of Elections and State Motor Vehicle Administration with data about prospective,
qualified, or sworn jurors needed to correct erroneous or obsolete information, such as that
related to a death or change of address, subject to the Board's and Administration's adoption of
regulations to ensure against improper dissemination of juror data.
(c) Personnel records -- Generally. Except as otherwise permitted by the Maryland Public
Information Act or by this Rule, a custodian shall deny to a person other than the person who is
the subject of the record inspection of the personnel records of an employee of the court or other
judicial agency or of an individual who has applied for employment with the court or other
judicial agency. The following records or information are not subject to this exclusion and shall
be open to inspection:
(1) The full name of the individual;
(2) The date of the application for employment and the position for which application was made;
(3) The date employment commenced;
(4) The name, location, and telephone number of the court or judicial agency to which the
individual has been assigned;
(5) The current and previous job titles and salaries of the individual during employment by the
court or judicial agency;
(6) The name of the individual's current supervisor;
(7) The amount of monetary compensation paid to the individual by the court or judicial agency
and a description of any health, insurance, or other fringe benefit that the individual is entitled to
receive from the court or judicial agency;
(8) Unless disclosure is prohibited by law, other information authorized by the individual to be
released; and
(9) A record that has become a case record.
(d) Personnel records -- Retirement. Unless inspection is permitted under the Maryland Public
Information Act or the record has become a case record, a custodian shall deny inspection of a
retirement record of an employee of the court or other judicial agency.
(e) Certain administrative records. A custodian shall deny inspection of the following
administrative records:
(1) Judicial work product, including drafts of documents, notes, and memoranda prepared by a
judge or other court personnel at the direction of a judge and intended for use in the preparation
of a decision, order, or opinion;
(2) An administrative record that is:
(A) prepared by or for a judge or other judicial personnel;
(B) either (i) purely administrative in nature but not a local rule, policy, or directive that governs
the operation of the court or (ii) a draft of a document intended for consideration by the author or
others and not intended to be final in its existing form; and
(C) not filed with the clerk and not required to be filed with the clerk.
HISTORY: (Added Mar. 4, 2004, effective Oct. 1, 2004; Dec. 4, 2007, effective Jan. 1, 2008.)
MARYLAND RULES
Md. Rule 16-1005 (2012)
Rule 16-1005. Case records -- Required denial of inspection -- In general
(a) A custodian shall deny inspection of a case record or any part of a case record if inspection
would be contrary to:
(1) The Constitution of the United States, a Federal statute, or a Federal regulation adopted
under a Federal statute and having the force of law;
(2) The Maryland Constitution;
(3) A provision of the Maryland Public Information Act that is expressly adopted in the Rules in
this Chapter;
(4) A rule adopted by the Court of Appeals; or
(5) An order entered by the court having custody of the case record or by any higher court
having jurisdiction over
(A) the case record, or
(B) the person seeking inspection of the case record.
(b) Unless inspection is otherwise permitted by the Rules in this Chapter, a custodian shall deny
inspection of a case record or any part of a case record if inspection would be contrary to a
statute enacted by the Maryland General Assembly, other than the Maryland Public Information
Act (Code, State Government Article, 10-611 through 10-626), that expressly or by necessary
implication applies to a court record.

MARYLAND RULES
Md. Rule 16-1006 (2012)
Rule 16-1006. Required denial of inspection -- Certain categories of case records
Except as otherwise provided by law, court order, or the Rules in this Chapter, the custodian
shall deny inspection of:
(a) All case records filed in the following actions involving children:
(1) Actions filed under Title 9, Chapter 100 of the Maryland Rules for:
(A) Adoption;
(B) Guardianship; or
(C) To revoke a consent to adoption or guardianship for which there is no pending adoption or
guardianship proceeding in that county.
(2) Delinquency, child in need of assistance, and child in need of supervision actions in Juvenile
Court, except that, if a hearing is open to the public pursuant to Code, Courts Article, 3-8A-13
(f), the name of the respondent and the date, time, and location of the hearing are open to
inspection.
(b) The following case records pertaining to a marriage license:
(1) A certificate of a physician or certified nurse practitioner filed pursuant to Code, Family Law
Article, 2-301, attesting to the pregnancy of a child under 18 years of age who has applied for a
marriage license.
(2) Until a license becomes effective, the fact that an application for a license has been made,
except to the parent or guardian of a party to be married.
Cross references. -- See Code, Family Law Article, 2-402 (f).
(c) Case records pertaining to petitions for relief from abuse filed pursuant to Code, Family Law
Article, 4-504, which shall be sealed until the earlier of 48 hours after the petition is filed or the
court acts on the petition.
(d) In any action or proceeding, a record created or maintained by an agency concerning child
abuse or neglect that is required by statute to be kept confidential.
Committee note. -- Statutes that require child abuse or neglect records to be kept confidential
include Code, Human Services Article, 1-202 and 1-203 and Code, Family Law Article, 5-
707.
(e) The following case records in actions or proceedings involving attorneys or judges:
(1) Records and proceedings in attorney grievance matters declared confidential by Rule 16-723
(b).
(2) Case records with respect to an investigative subpoena issued by Bar Counsel pursuant to
Rule 16-732;
(3) Subject to the provisions of Rule 19 (b), (c), and (d) of the Rules Governing Admission to
the Bar, case records relating to bar admission proceedings before the Accommodations Review
Committee and its panels, a Character Committee, the State Board of Law Examiners, and the
Court of Appeals.
(4) Case records consisting of IOLTA Compliance Reports filed by an attorney pursuant to Rule
16-608 and Pro Bono Legal Service Reports filed by an attorney pursuant to Rule 16-903.
(5) Case records relating to a motion filed with respect to a subpoena issued by Investigative
Counsel for the Commission on Judicial Disabilities pursuant to Rule 16-806.
(f) The following case records in criminal actions or proceedings:
(1) A case record that has been ordered expunged pursuant to Rule 4-508.
(2) The following case records pertaining to search warrants:
(A) The warrant, application, and supporting affidavit, prior to execution of the warrant and the
filing of the records with the clerk.
(B) Executed search warrants and all papers attached thereto filed pursuant to Rule 4-601.
(3) The following case records pertaining to an arrest warrant:
(A) A case record pertaining to an arrest warrant issued under Rule 4-212 (d) and the charging
document upon which the warrant was issued until the conditions set forth in Rule 4-212 (d)(3)
are satisfied.
(B) Except as otherwise provided in Code, State Government Article, 10-616 (q), a case record
pertaining to an arrest warrant issued pursuant to a grand jury indictment or conspiracy
investigation and the charging document upon which the arrest warrant was issued.
(4) A case record maintained under Code, Courts Article, 9-106, of the refusal of a person to
testify in a criminal action against the person's spouse.
(5) A presentence investigation report prepared pursuant to Code, Correctional Services Article,
6-112.
(6) A case record pertaining to a criminal investigation by (A) a grand jury, (B) a State's
Attorney pursuant to Code, Criminal Procedure Article, 15-108, or (C) the State Prosecutor
pursuant to Code, Criminal Procedure Article, 14-110.
Committee note. -- Although this Rule shields only case records pertaining to a criminal
investigation, there may be other laws that shield other kinds of court records pertaining to such
investigations. This Rule is not intended to affect the operation or effectiveness of any such other
law.
(g) A transcript, tape recording, audio, video, or digital recording of any court proceeding that
was closed to the public pursuant to rule or order of court.
(h) Backup audio recordings made by any means, computer disks, and notes of a court reporter
that are in the possession of the court reporter and have not been filed with the clerk.
(i) The following case records containing medical information:

(1) A case record, other than an autopsy report of a medical examiner, that (A) consists of a
medical or psychological report or record from a hospital, physician, psychologist, or other
professional health care provider, and (B) contains medical or psychological information about
an individual.
(2) A case record pertaining to the testing of an individual for HIV that is declared confidential
under Code, Health-General Article, 18-338.1 or 18-338.2.
(3) A case record that consists of information, documents, or records of a child fatality review
team, to the extent they are declared confidential by Code, Health-General Article, 5-709.
(4) A case record that contains a report by a physician or institution concerning whether an
individual has an infectious disease, declared confidential under Code, Health-General Article,
18-201 or 18-202.
(5) A case record that contains information concerning the consultation, examination, or
treatment of a developmentally disabled person, declared confidential by Code, Health-General
Article, 7-1003.
(6) A case record relating to a petition for an emergency evaluation made under Code, Health-
General Article, 10-622 and declared confidential under Code, Health-General Article, 10-
630.
(j) A case record that consists of the federal or Maryland income tax return of an individual.
(k) A case record that:
(1) a court has ordered sealed or not subject to inspection, except in conformance with the order;
or
(2) in accordance with Rule 16-1009 (b), is the subject of a motion to preclude or limit
inspection.
(l) As provided in Rule 9-203 (d), a case record that consists of a financial statement filed
HISTORY: (Added Mar. 4, 2004, effective Oct. 1, 2004; amended April 5, 2005, effective July
1, 2005; amended Jan. 10, 2006, effective Jan. 10, 2006; May 8, 2007, effective July 1, 2007;
Dec. 4, 2007, effective Jan. 1, 2008; June 16, 2009, effective June 17, 2009; amended Sept. 10,
2009, effective Oct. 1, 2009; amended March 9, 2010, effective July 1, 2010.)
MARYLAND RULES
Md. Rule 16-1007 (2012)
Rule 16-1007. Required denial of inspection -- Specific information in case records
Except as otherwise provided by law, the Rules in this Chapter, or court order, a custodian
shall deny inspection of a case record or a part of a case record that would reveal:
(a) The name, address, telephone number, e-mail address, or place of employment of a person
who reports the abuse of a vulnerable adult pursuant to Code, Family Law Article, 14-302.
(b) Except as provided in Code, State Government Article, 10-617 (e), the home address or
telephone number of an employee of the State or a political subdivision of the State.
(c) Any part of the social security or Federal Identification Number of an individual, other than
the last four digits.
(d) Information about a person who has received a copy of a sex offender's or sexual predator's
registration statement.
HISTORY: (Added Mar. 4, 2004, effective Oct. 1, 2004; amended July 25, 2006, effective July
25, 2006.)
MARYLAND RULES
Md. Rule 16-1008 (2012)
Rule 16-1008. Electronic records and retrieval
(a) In general.
(1) Subject to the conditions stated in this Rule, a court record that is kept in electronic form is
open to inspection to the same extent that the record would be open to inspection in paper form.
(2) Subject to the other provisions of this Rule and any other law or any administrative order of
the Chief Judge of the Court of Appeals, a custodian, court, or other judicial agency, for the
purpose of providing public access to court records in electronic form, is authorized but not
required:
(A) to convert paper court records into electronic court records;
(B) to create new electronic records, databases, programs, or computer systems;

(C) to provide computer terminals or other equipment for use by the public;
(D) to create the ability to inspect or copy court records through remote access; or
(E) to convert, supplement, modify, or replace an existing electronic storage or retrieval system.
(3) (A) Subject to the other provisions of this Rule, a custodian may limit access to court records
in electronic form to the manner, form, and program that the electronic system used by the
custodian, without modification, is capable of providing. If a custodian, court, or other judicial
agency converts paper court records into electronic court records or otherwise creates new
electronic records, databases, or computer systems, it shall, to the extent practicable, design those
records, databases, or systems to facilitate access to court records that are open to inspection
under the Rules in this Chapter.
(B) (i) Subject to subsection (a)(3)(B)(ii) of this Rule and except for identifying information
relating to law enforcement officers, other public officials or employees acting in their official
capacity, and expert witnesses, a custodian shall prevent remote access to the name, address,
telephone number, date of birth, e-mail address, and place of employment of a victim or nonparty
witness in (1) a criminal action, (2) a juvenile delinquency action under Title 3, Subtitle 8A of
the Courts Article, (3) an action under Title 4, Subtitle 5 of the Family Law Article (domestic
violence), or (4) an action under Title 3, Subtitle 15 of the Courts Article (peace order).
(ii) A person who files or otherwise causes to be placed in a court record identifying information
relating to a witness shall give the custodian written notice whether the identifying information is
not subject to remote access under subsection (a)(3)(B)(i) of this Rule. In the absence of written
notice, a custodian is not liable for allowing remote access to the information.
(4) Subject to subsection (a)(3)(B) of this Rule and procedures and conditions established by
administrative order of the Chief Judge of the Court of Appeals, a person may view and copy
electronic court records that are open to inspection under the Rules in this Chapter:
(A) at computer terminals that a court or other judicial agency makes available for public use at
the court or other judicial agency; or
(B) by remote access that the court or other judicial agency makes available through dial-up
modem, web site access, or other technology.
(b) Current programs providing electronic access to databases. Any electronic access to a
database of court records that is provided by a court or other judicial agency and is in effect on
October 1, 2004 may continue in effect, subject to review by the Technology Oversight Board
for consistency with the Rules in this Chapter. After review, the Board may make or direct any
changes that it concludes are necessary to make the electronic access consistent with the Rules in
this Chapter.
(c) New requests for electronic access to or information from databases.

(1) A person who desires to obtain electronic access to or information from a database of court
records to which electronic access is not then immediately and automatically available shall
submit to the Office of Communications and Public Affairs a written application that describes
the court records to which access is desired and the proposed method of achieving that access.
(2) The Office of Communications and Public Affairs shall review the application and may
consult the Judicial Information Systems. Without undue delay and, unless impracticable, within
30 days after receipt of the application, the Office of Communications and Public Affairs shall
take one of the following actions:
(A) The Office of Communications and Public Affairs shall approve the application if it
determines that the application does not request access to court records not subject to inspection
under the Rules in this Chapter and will not impose a significant fiscal, personnel, or operational
burden on any court or judicial agency. The approval may be conditioned on the applicant's
paying or reimbursing the court or agency for any additional expense that may be incurred in
implementing the application.
(B) If the Office of Communications and Public Affairs is unable to make the findings provided
for in subsection (c)(2)(A), it shall inform the applicant and:
(i) deny the application;
(ii) offer to confer with the applicant about amendments to the application that would meet the
concerns of the Office of Communications and Public Affairs; or
(iii) if the applicant requests, refer the application to the Technology Oversight Board for its
review.
(C) If the application is referred to the Technology Oversight Board, the Board shall determine
whether approval of the application would be likely to permit access to court records or
information not subject to inspection under the Rules in this Chapter, create any undue burden on
a court, other judicial agency, or the judicial system as a whole, or create undue disparity in the
ability of other courts or judicial agencies to provide equivalent access to court records. In
making those determinations, the Board shall consider, to the extent relevant:
(i) whether the data processing system, operational system, electronic filing system, or manual
or electronic storage and retrieval system used by or planned for the court or judicial agency that
maintains the records can currently provide the access requested in the manner requested and in
conformance with Rules 16-1001 through 16-1007, and, if not, what changes or effort would be
required to make those systems capable of providing that access;
(ii) any changes to the data processing, operational electronic filing, or storage or retrieval
systems used by or planned for other courts or judicial agencies in the State that would be
required in order to avoid undue disparity in the ability of those courts or agencies to provide
equivalent access to court records maintained by them;
(iii) any other fiscal, personnel, or operational impact of the proposed program on the court or
judicial agency or on the State judicial system as a whole;
(iv) whether there is a substantial possibility that information retrieved through the program may
be used for any fraudulent or other unlawful purpose or may result in the dissemination of
inaccurate or misleading information concerning court records or individuals who are the subject
of court records and, if so, whether there are any safeguards to prevent misuse of disseminated
information and the dissemination of inaccurate or misleading information; and
(v) any other consideration that the Technology Oversight Board finds relevant.
(D) If, upon consideration of the factors set forth in subsection (c)(2)(C) of this Rule, the
Technology Oversight Board concludes that the proposal would create (i) an undue fiscal,
personnel, or operational burden on a court, other judicial agency, or the judicial system as a
whole, or (ii) an undue disparity in the ability of other courts or judicial agencies to provide
equivalent access to judicial records, the Board shall inform the Office of Communications and
Public Affairs and the applicant in writing of its conclusions. The Office of Communications and
Public Affairs and the applicant may then discuss amendments to the application to meet the
concerns of the Board, including changes in the scope or method of the requested access and
arrangements to bear directly or reimburse the appropriate agency for any expense that may be
incurred in providing the requested access and meeting other conditions that may be attached to
approval of the application. The applicant may amend the application to reflect any agreed
changes. The application, as amended, shall be submitted to the Technology Oversight Board for
further consideration.
HISTORY: (Added Mar. 4, 2004, effective Oct. 1, 2004; amended March 7, 2006, effective July
1, 2006; June 16, 2009, effective June 17, 2009.)
MARYLAND RULES
Md. Rule 16-1009 (2012)
Rule 16-1009. Court order denying or permitting inspection of case record
(a) Motion.
(1) A party to an action in which a case record is filed, including a person who has been
permitted to intervene as a party, and a person who is the subject of or is specifically identified in
a case record may file a motion:
(A) to seal or otherwise limit inspection of a case record filed in that action that is not otherwise
shielded from inspection under the Rules in this Chapter; or
(B) to permit inspection of a case record filed in that action that is not otherwise subject to
inspection under the Rules in this Chapter.
(2) The motion shall be filed with the court in which the case record is filed and shall be served
on:
(A) all parties to the action in which the case record is filed; and
(B) each identifiable person who is the subject of the case record.
(b) Shielding upon motion or request.
(1) Preliminary shielding upon motion. Upon the filing of a motion to seal or otherwise limit
inspection of a case record pursuant to section (a) of this Rule, the custodian shall deny
inspection of the case record for a period not to exceed five business days, including the day the
motion is filed, in order to allow the court an opportunity to determine whether a temporary
order should issue.
(2) Shielding upon request. If a request to shield information in a case record is filed by or on
behalf of a person entitled to request the shielding under Code, Courts Article, Title 3, Subtitle
15 (peace orders) or Code, Family Law Article, Title 4, Subtitle 5 (domestic violence), and the
request is granted, or if a request to shield the address or telephone number of a victim, victim's
representative, or witness is filed in a criminal action, and the request is granted, a custodian
shall deny inspection of the shielded information. The shield remains in effect until terminated or
modified by order of court. If the request is denied, the person seeking to shield information may
file a motion under section (a) of this Rule.
Committee note. -- If a court or District Court Commissioner grants a request to shield

information under subsection (b)(2) of this Rule, no adversary hearing is held unless a person
seeking inspection of the shielded information files a motion under section (a) of this Rule.
(c) Temporary order precluding or limiting inspection.
(1) The court shall consider a motion filed under this Rule on an expedited basis.
(2) In conformance with the provisions of Rule 15-504 (Temporary Restraining Order), the
court may enter a temporary order precluding or limiting inspection of a case record if it clearly
appears from specific facts shown by affidavit or other statement under oath that (A) there is a
substantial basis for believing that the case record is properly subject to an order precluding or
limiting inspection, and (B) immediate, substantial, and irreparable harm will result to the person
seeking the relief if temporary relief is not granted before a full adversary hearing can be held on
the propriety of a final order precluding or limiting inspection.
(3) A court may not enter a temporary order permitting inspection of a case record that is not
otherwise subject to inspection under the Rules in this Chapter in the absence of an opportunity
for a full adversary hearing.
(d) Final order.

(1) After an opportunity for a full adversary hearing, the court shall enter a final order:
(A) precluding or limiting inspection of a case record that is not otherwise shielded from
inspection under the Rules in this Chapter;
(B) permitting inspection, under such conditions and limitations as the court finds necessary, of
a case record that is not otherwise subject to inspection under the Rules in this Chapter; or
(C) denying the motion.
(2) A final order shall include findings regarding the interest sought to be protected by the order.
(3) A final order that precludes or limits inspection of a case record shall be as narrow as
practicable in scope and duration to effectuate the interest sought to be protected by the order.
(4) In determining whether to permit or deny inspection, the court shall consider:
(A) if the motion seeks to preclude or limit inspection of a case record that is otherwise subject
to inspection under the Rules in this Chapter, whether a special and compelling reason exists to
preclude or limit inspection of the particular case record; and
(B) if the motion seeks to permit inspection of a case record that is otherwise not subject to
inspection under the Rules in this Chapter, whether a special and compelling reason exists to
permit inspection.
(C) if the motion seeks to permit inspection of a case record that has been previously sealed by
court order under subsection (d)(1)(A) of this Rule and the movant was not a party to the case
when the order was entered, whether the order satisfies the standards set forth in subsections
(d)(2), (3), and (4)(A) of this Rule.
(5) Unless the time is extended by the court on motion of a party and for good cause, the court
shall enter a final order within 30 days after a hearing was held or waived.
(e) Filing of order. A copy of any preliminary or final order shall be filed in the action in which
the case record in question was filed and shall be subject to public inspection.
(f) Non-exclusive remedy. This Rule does not preclude a court from exercising its authority at
any time to enter an order that seals or limits inspection of a case record or that makes a case
record subject to inspection.
HISTORY: (Added Mar. 4, 2004, effective Oct. 1, 2004; amended July 25, 2006, effective July
25, 2006.)
MARYLAND RULES
Md. Rule 16-1010 (2012)
Rule 16-1010. Procedures for compliance
(a) Duty of person filing record.
(1) A person who files or authorizes the filing of a case record shall inform the custodian, in
writing, whether, in the person's judgment, the case record, any part of the case record, or any
information contained in the case record is confidential and not subject to inspection under the
Rules in this Chapter.
(2) The custodian is not bound by the person's determination that a case record, any part of a
case record, or information contained in a case record is not subject to inspection and shall
permit inspection of a case record unless, in the custodian's independent judgment, subject to
review as provided in Rule 16-1011, the case record is not subject to inspection.
(3) Notwithstanding subsection (b)(2) of this Rule, a custodian may rely on a person's failure to
advise that a case record, part of a case record, or information contained in a case record is not
subject to inspection, and, in default of such advice, the custodian is not liable for permitting
inspection of the case record, part of the case record, or information, even if the case record, part
of the case record, or information in the case record is not subject to inspection under the Rules
in this Chapter.
(b) Duty of clerk.
(1) In conformance with procedures established by administrative order of the Chief Judge of
the Court of Appeals, the clerk shall make a reasonable effort, promptly upon the filing or
creation of a case record, to shield any information that is not subject to inspection under the
Rules in this Chapter and that has been called to the attention of the custodian by the person
filing or authorizing the filing of the case record, in order that the case record, as shielded, may
be subject to inspection.
(2) Persons who filed or authorized the filing of a case record filed prior to October 1, 2004 may
advise the custodian in writing whether any part of the case record is not subject to inspection.
The custodian is not bound by that determination. The custodian shall make a reasonable effort,
as time and circumstances allow, to shield from those case records any information that is not
subject to inspection under the Rules in this Chapter and that has been called to the attention of
the custodian, in order that those case records, as shielded, may be subject to inspection. The
duty under this subsection is subordinate to all other official duties of the custodian.

MARYLAND RULES
Md. Rule 16-1011 (2012)
Rule 16-1011. Resolution of disputes by administrative or chief judge
(a) If, upon a request for inspection of a court record, a custodian is in doubt whether the
record is subject to inspection under the Rules in this Chapter, the custodian, after making a
reasonable effort to notify the person seeking inspection and each person to whom the court
record pertains, shall apply in writing for a preliminary judicial determination whether the court
record is subject to inspection.
(1) If the record is in an appellate court or an orphans' court, the application shall be to the chief
judge of the court.
(2) If the record is in a circuit court, the application shall be to the county administrative judge.
(3) If the record is in the District Court, the application shall be to the district administrative
judge.
(4) If the record is in a judicial agency other than a court, the application shall be to the Chief
Judge of the Court of Appeals, who may refer it to the county administrative judge of a circuit
court.
(b) After hearing from or making a reasonable effort to communicate with the person seeking
inspection and each person to whom the court record pertains, the court shall make a preliminary
determination of whether the record is subject to inspection. Unless the court extends the time for
good cause, the preliminary determination shall be made within 10 days after the court receives
the written request.
(c) If the court determines that the record is subject to inspection, the court shall file an order to
that effect. If a person to whom the court record pertains objects, the judge may stay the order to
permit inspection for not more than five working days in order to allow the person an
opportunity to file an appropriate action to enjoin the inspection. An action under this section
shall be filed within 30 days after the order is filed, and the person who requested inspection of
the record shall be made a party. If such an action is timely filed, it shall proceed in accordance
with Rules 15-501 through 15-505.
(d) If the court determines that the court record is not subject to inspection, the court shall file an
order to that effect and the person seeking inspection may file an action under the Public
Information Act or on the basis of the Rules in this Chapter to compel the inspection. An action
under this section shall be filed within thirty days after the order is filed.
(e) If a timely action is filed under section (c) or (d) of this Rule, the preliminary determination
by the court shall not have a preclusive effect under any theory of direct or collateral estoppel or
law of the case. If a timely action is not filed, the order shall be final and conclusive.

MARYLAND RULES
TITLE 17. ALTERNATIVE DISPUTE RESOLUTION
CHAPTER 100. PROCEEDINGS IN CIRCUIT COURT
Md. Rule 17-101 (2012)
(a) Generally. The rules in this Chapter apply to all civil actions in circuit court except (1) they
do not apply to actions or orders to enforce a contractual agreement to submit a dispute to
alternative dispute resolution and (2) other than Rule 17-104, they do not apply to health care
malpractice claims.
Committee note. -- Alternative dispute resolution proceedings in a health care malpractice claim
are governed by Code, Courts Article, 3-2A-06C.
(b) Rules governing qualifications and selection. The rules governing the qualifications and
selection of a person designated to conduct court-ordered alternative dispute resolution
proceedings apply only to a person designated by the court in the absence of an agreement by the
parties. They do not apply to a master, examiner, auditor, or parenting coordinator appointed
under Rules 2-541, 2-542, 2-543, or 9-205.2.
2011.)
MARYLAND RULES
Md. Rule 17-102 (2012)
(a) Alternative dispute resolution. "Alternative dispute resolution" means the process of
resolving matters in pending litigation through a settlement conference, neutral case evaluation,
neutral fact-finding, arbitration, mediation, other non-judicial dispute resolution process, or
combination of those processes.
Committee note. -- Nothing in these Rules is intended to restrict the use of consensus-building to
assist in the resolution of disputes. Consensus-building means a process generally used to
prevent or resolve disputes or to facilitate decision making, often within a multi-party dispute,
group process, or public policy-making process. In consensus-building processes, one or more
neutral facilitators may identify and convene all stakeholders or their representatives and use
techniques to open communication, build trust, and enable all parties to develop options and
determine mutually acceptable solutions.
(b) Arbitration. "Arbitration" means a process in which (1) the parties appear before one or more
impartial arbitrators and present evidence and argument supporting their respective positions,
and (2) the arbitrators render a decision in the form of an award that is not binding, unless the
parties agree otherwise in writing.
Committee note. -- Under the Federal Arbitration Act, the Maryland Uniform Arbitration Act, at
common law, and in common usage outside the context of court-referred cases, arbitration
awards are binding unless the parties agree otherwise.
(c) Fee-for-service. "Fee-for-service" means that a party will be charged a fee by the person or
persons conducting the alternative dispute resolution proceeding.
(d) Mediation. "Mediation" means a process in which the parties work with one or more
impartial mediators who, without providing legal advice, assist the parties in reaching their own
voluntary agreement for the resolution of the dispute or issues in the dispute. A mediator may
identify issues and options, assist the parties or their attorneys in exploring the needs underlying
their respective positions, and, upon request, record points of agreement reached by the parties.
While acting as a mediator, the mediator does not engage in arbitration, neutral case evaluation,
neutral fact-finding, or other alternative dispute resolution processes and does not recommend
the terms of an agreement.
(e) Mediation communication. "Mediation communication" means speech, writing, or conduct

made as part of a mediation, including communications made for the purpose of considering,
initiating, continuing, or reconvening a mediation or retaining a mediator.
(f) Neutral case evaluation. "Neutral case evaluation" means a process in which (1) the parties,
their attorneys, or both appear before an impartial person and present in summary fashion the
evidence and arguments supporting their respective positions, and (2) the impartial person
renders an evaluation of their positions and an opinion as to the likely outcome of the dispute or
issues in the dispute if the action is tried.
(g) Neutral fact-finding. "Neutral fact-finding" means a process in which (1) the parties, their
attorneys, or both appear before an impartial person and present evidence and arguments
supporting their respective positions as to particular disputed factual issues, and (2) the impartial
person makes findings of fact as to those issues. Unless the parties otherwise agree in writing,
those findings are not binding.
(h) Settlement conference. "Settlement conference" means a conference at which the parties,
their attorneys, or both appear before an impartial person to discuss the issues and positions of
the parties in the action in an attempt to resolve the dispute or issues in the dispute by agreement
or by means other than trial. A settlement conference may include neutral case evaluation and
neutral fact-finding, and the impartial person may recommend the terms of an agreement.
MARYLAND RULES
Md. Rule 17-103 (2012)
Rule 17-103. General procedures and requirements
(a) In general. A court may not require a party or the party's attorney to participate in an
alternative dispute resolution proceeding except in accordance with this Rule.
(b) Minimum qualifications required for court designees. A court may not require a party or the
party's attorney to participate in an alternative dispute resolution proceeding conducted by a
person designated by the court unless (1) that person possesses the minimum qualifications
prescribed in the applicable rules in this Chapter, or (2) the parties agree to participate in the
process conducted by that person.
(c) Procedure.
(1) Inapplicable to Child Access Disputes. This section does not apply to proceedings under Rule
9-205.
(2) Objection. If the court enters an order or determines to enter an order referring a matter to an
alternative dispute resolution process, the court shall give the parties a reasonable opportunity
(A) to object to the referral, (B) to offer an alternative proposal, and (C) to agree on a person to
conduct the proceeding. The court may provide that opportunity before the order is entered or
upon request of a party filed within 30 days after the order is entered.
(3) Ruling on Objection. The court shall give fair consideration to an objection to a referral and
to any alternative proposed by a party. The court may not require an objecting party or the
attorney of an objecting party to participate in an alternative dispute resolution proceeding other
than a non-fee-for-service settlement conference.
(4) Designation of Person to Conduct Procedure. In an order referring an action to an alternative

dispute resolution proceeding, the court may tentatively designate any person qualified under
these rules to conduct the proceeding. The order shall set a reasonable time within which the
parties may inform the court that (A) they have agreed on another person to conduct the
proceeding, and (B) that person is willing and able to conduct the proceeding. If, within the time
allowed by the court, the parties inform the court of their agreement on another person willing
and able to conduct the proceeding, the court shall designate that person. Otherwise, the referral
shall be to the person designated in the order. In making a designation when there is no
agreement by the parties, the court is not required to choose at random or in any particular order
from among the qualified persons. Although the court should endeavor to use the services of as
many qualified persons as possible, the court may consider whether, in light of the issues and
circumstances presented by the action or the parties, special training, background, experience,
expertise, or temperament may be helpful and may designate a person possessing those special
qualifications.
MARYLAND RULES
Md. Rule 17-104 (2012)
Rule 17-104. Qualifications and selection of mediators
(a) Qualifications in general. To be designated by the court as a mediator, other than by

agreement of the parties, a person must:
(1) unless waived by the court, be at least 21 years old and have at least a bachelor's degree from
an accredited college or university;
Committee note. -- This subsection permits a waiver because the quality of a mediator's skill is
not necessarily measured by age or formal education.
(2) have completed at least 40 hours of mediation training in a program meeting the
requirements of Rule 17-106;
(3) complete in every two-year period eight hours of continuing mediation-related education in
one or more of the topics set forth in Rule 17-106;
(4) abide by any standards adopted by the Court of Appeals;
(5) submit to periodic monitoring of court-ordered mediations by a qualified mediator

designated by the county administrative judge; and
(6) comply with procedures and requirements prescribed in the court's case management plan
filed under Rule 16-202 b. relating to diligence, quality assurance, and a willingness to accept a
reasonable number of referrals on a reduced-fee or pro bono basis upon request by the court.
(b) Additional qualifications -- Child access disputes. To be designated by the court as a

mediator with respect to issues concerning child access, the person must:
(1) have the qualifications prescribed in section (a) of this Rule;
(2) have completed at least 20 hours of training in a family mediation training program meeting
the requirements of Rule 17-106; and
(3) have observed or co-mediated at least eight hours of child access mediation sessions
conducted by persons approved by the county administrative judge, in addition to any
observations during the training program.
(c) Additional qualifications -- Business and Technology Case Management Program cases. To
be designated by the court as a mediator of Business and Technology Program cases, other than
by agreement of the parties, the person must:
(2) within the two-year period preceding application for approval pursuant to Rule 17-107, have
completed as a mediator at least five non-domestic circuit court mediations or five non-domestic
non-circuit court mediations of comparable complexity (A) at least two of which are among the
types of cases that are assigned to the Business and Technology Case Management Program or
(B) have co-mediated an additional two cases from the Business and Technology Case
Management Program with a mediator already approved to mediate these cases;
(3) agree to serve as co-mediator with at least two mediators each year who seek to meet the
requirements of subsection (c)(2)(B) of this Rule; and
(4) agree to complete any continuing education training required by the Circuit Administrative
Judge or that judge's designee.
(d) Additional qualifications -- Marital property issues. To be designated by the court as a

mediator in divorce cases with marital property issues, the person must:
(2) have completed at least 20 hours of skill-based training in mediation of marital property
issues; and
(3) have observed or co-mediated at least eight hours of divorce mediation sessions involving
marital property issues conducted by persons approved by the county administrative judge, in
addition to any observations during the training program.
(e) Additional qualifications -- Health care malpractice claims. To be designated by the court as a
mediator of health care malpractice claims, other than by agreement of the parties, the person
must:
(2) have completed as a mediator at least five non domestic circuit court mediations or five non
domestic non circuit court mediations of comparable complexity;
(3) be knowledgeable about health care malpractice claims because of experience, training, or
education; and
(4) agree to complete any continuing education training required by the court.
(f) Additional qualifications -- Proceedings to foreclose lien instruments. To be designated by the

court as a mediator in a proceeding to foreclose a lien instrument, other than by agreement of the
parties, the person must:
(2) have completed as a mediator at least five non-domestic circuit court mediations or five non-
domestic non-circuit court mediations of comparable complexity;
(3) be knowledgeable about lien instruments and foreclosure proceedings because of experience,
training, or education; and
(4) agree to complete any continuing education training required by the court.
2004; amended Nov. 8, 2005, effective Jan. 1, 2006; Feb. 10, 2009, effective May 1, 2009.)
MARYLAND RULES
Md. Rule 17-105 (2012)
Rule 17-105. Qualifications and selection of persons other than mediators and neutral experts
(a) Generally. Except as provided in section (b) of this Rule, to be designated by the Court to
conduct an alternative dispute resolution proceeding other than mediation, a person, unless the
parties agree otherwise, must:
(1) abide by any standards adopted by the Court of Appeals;
(2) submit to periodic monitoring of court-ordered alternative dispute resolution proceedings by

a qualified person designated by the county administrative judge;
(3) comply with procedures and requirements prescribed in the court's case management plan
filed under Rule 16-202 b. relating to diligence, quality assurance, and a willingness to accept a
reasonable number of referrals on a reduced-fee or pro bono basis upon request by the court;
(4) either (A) be a member in good standing of the Maryland bar and have at least five years
experience in the active practice of law as (i) a judge, (ii) a practitioner, (iii) a full-time teacher
of law at a law school accredited by the American Bar Association, or (iv) a Federal or Maryland
administrative law judge, or (B) have equivalent or specialized knowledge and experience in
dealing with the issues in dispute; and
(5) unless waived by the court, have completed a training program that consists of at least eight
hours and has been approved by the county administrative judge.
(b) Judges and masters. A judge or master of the court may conduct a non-fee-for-service
settlement conference.
2004; December 2, 2004, effective July 1, 2005; June 7, 2011, effective July 1, 2011.)
MARYLAND RULES
Md. Rule 17-106 (2012)
Rule 17-106. Mediation training programs
(a) In general. To qualify under Rule 17-104 (a)(2), a mediation training program must include
the following:
(1) conflict resolution and mediation theory, including causes of conflict, interest-based versus
positional bargaining, and models of conflict resolution;
(2) mediation skills and techniques, including information gathering skills, communication
skills, problem solving skills, interaction skills, conflict management skills, negotiation
techniques, caucusing, cultural and gender issues, and power balancing;
(3) mediator conduct, including conflicts of interest, confidentiality, neutrality, ethics, and
standards of practice;
(4) rules, statutes, and practice governing mediation in the circuit courts; and
(5) simulations and role-playing, monitored and critiqued by experienced mediator trainers.
(b) Child access mediation training. To qualify under Rule 17-104 (b)(2), a mediation training
program must include the following:
(1) Maryland law relating to separation, divorce, annulment, child custody and visitation, child
and spousal support;
(2) emotional aspects of separation and divorce on adults and children;
(3) screening for and addressing domestic violence;
(4) introduction to family systems and child development theory; and

(5) inter-relationship of custody and child support.
MARYLAND RULES
Md. Rule 17-107 (2012)
Rule 17-107. Procedure for approval
(a) Generally.
(1) Filing application. A person seeking designation to conduct alternative dispute resolution
proceedings pursuant to Rule 2-504 in actions other than those assigned to the Business and
Technology Case Management Program shall file an application with the clerk of the circuit
court from which the person is willing to accept referrals. The application shall be substantially
in the form approved by the State Court Administrator and shall be available from the clerk of
each circuit court. If the person is applying for designation as a mediator, the application shall be
accompanied by documentation demonstrating that the applicant has the qualifications required
by Rule 17-104. If the person is applying for designation to conduct alternative dispute
resolution proceedings other than mediation, the application shall be accompanied by
documentation demonstrating that the applicant has the qualifications required by Rule 17-105
(a). The State Court Administrator may require the application and documentation to be provided
in a word processing file or other electronic format.
(2) Action on application. After any investigation that the county administrative judge deems
appropriate, the county administrative judge shall notify each applicant of the approval or
disapproval of the application and the reasons for a disapproval.
(3) Approved lists. The clerk shall prepare a list of mediators found by the county administrative
judge to meet the qualifications required by Rule 17-104 and a list of persons found by the
county administrative judge to meet the qualifications required by Rule 17-105 (a). The lists,
together with the applications of the persons on the lists, shall be kept current by the clerk and be
available in the clerk's office to the public.
(4) Removal from list. After notice and a reasonable opportunity to respond, the county
administrative judge shall remove a person from a list for failure to maintain the applicable
qualifications of Rule 17-104 or Rule 17-105 (a) or for other good cause.
(b) Business and Technology Case Management Program.
(1) Filing application. A person seeking designation to conduct alternative dispute resolution
proceedings pursuant to Rule 2-504 in actions assigned to the Business and Technology Case
Management Program shall file an application with the Administrative Office of the Courts,
which shall transmit the application to the Committee of Program Judges appointed pursuant to
Rule 16-108 b. 4. The application shall be substantially in the form approved by the State Court
Administrator and shall be available from the clerk of each circuit court. If the person is applying
for designation as a mediator, the application shall be accompanied by documentation
demonstrating that the applicant has the qualifications required by Rule 17-104. If the person is
applying for designation to conduct alternative dispute resolution proceedings other than
mediation, the application shall be accompanied by documentation demonstrating that the
applicant has the qualifications required by Rule 17-105 (a). The State Court Administrator may
require the application and documentation to be provided in a word processing file or other
electronic format.
(2) Action on application. After any investigation that the Committee of Program Judges deems
appropriate, the Committee shall notify the Administrative Office of the Courts that the
application has been approved or disapproved, and if disapproved, shall state the reasons for the
disapproval. The Administrative Office of the Courts shall notify each applicant of the action of
the Committee and the reasons for a disapproval.
(3) Approved lists. The Administrative Office of the Courts shall prepare a list of mediators
found by the Committee to meet the qualifications required by Rule 17-104 and a list of persons
found by the Committee to meet the qualifications required by Rule 17-105 (a). The
Administrative Office of the Courts shall (A) attach to the lists such additional information as the
State Court Administrator specifies; (B) keep the lists current; and (C) transmit a copy of each
current list to the clerk of each circuit court, who shall make them available to the public.
Committee note. -- Examples of information that the State Court Administrator may specify as
attachments to the lists made pursuant to this subsection include information about the person's
qualifications, experience, and background and any other information that would be helpful to
litigants selecting a person best qualified to conduct alternative dispute resolution proceedings in
a specific case.
(4) Removal from list. After notice and a reasonable opportunity to respond, the Committee of
Program Judges shall remove a person from a list for failure to maintain the applicable
qualifications of Rule 17-104 or Rule 17-105 (a) or for other good cause.
MARYLAND RULES
Md. Rule 17-108 (2012)
Rule 17-108. Fee schedules
Subject to the approval of the Chief Judge of the Court of Appeals, the circuit administrative
judge of each circuit court may develop and adopt maximum fee schedules for persons
conducting each type of alternative dispute resolution proceeding other than on a volunteer basis.
In developing the fee schedules, the circuit administrative judge shall take into account the
availability of qualified persons willing to provide those services and the ability of litigants to
pay for those services. A person designated by the court, other than with the agreement of the
parties, to conduct an alternative dispute resolution proceeding under Rule 2-504 may not charge
or accept a fee for that proceeding in excess of that allowed by the applicable schedule. Violation
of this Rule shall be cause for removal from all lists.
MARYLAND RULES
Md. Rule 17-109 (2012)
Rule 17-109. Mediation confidentiality
(a) Mediator. Except as provided in sections (c) and (d) of this Rule, a mediator and any person
present or otherwise participating in the mediation at the request of the mediator shall maintain
the confidentiality of all mediation communications and may not disclose or be compelled to
disclose mediation communications in any judicial, administrative, or other proceeding.
(b) Parties. Subject to the provisions of sections (c) and (d) of this Rule, (1) the parties may enter
into a written agreement to maintain the confidentiality of all mediation communications and to
require any person present or otherwise participating in the mediation at the request of a party to
maintain the confidentiality of mediation communications and (2) the parties and any person
present or otherwise participating in the mediation at the request of a party may not disclose or
be compelled to disclose mediation communications in any judicial, administrative, or other
proceeding.
(c) Signed document. A document signed by the parties that reduces to writing an agreement
reached by the parties as a result of mediation is not confidential, unless the parties agree in
writing otherwise.
Cross references. -- See Rule 9-205 (d) concerning the submission of a memorandum of the
points of agreement to the court in a child access case.
(d) Permitted disclosures. In addition to any disclosures required by law, a mediator and a party
may disclose or report mediation communications to a potential victim or to the appropriate
authorities to the extent that they believe it necessary to help:
(1) prevent serious bodily harm or death,
(2) assert or defend against allegations of mediator misconduct or negligence, or
(3) assert or defend against a claim or defense that because of fraud, duress, or misrepresentation
a contract arising out of a mediation should be rescinded.
Cross references. -- For the legal requirement to report suspected acts of child abuse, see Code,
Family Law Article, 5-705.
(e) Discovery; admissibility of information. Mediation communications that are confidential

under this Rule are privileged and not subject to discovery, but information otherwise admissible
or subject to discovery does not become inadmissible or protected from disclosure solely by
reason of its use in mediation.
Jan. 1, 2006.)
MARYLAND RULES
APPENDIX: FORMS
Md. Rules Form 1 (2012)
Form 1 to 21
Rescinded April 6, 1984, effective July 1, 1984.
MARYLAND RULES
APPENDIX: FORMS
Form 22. Notice of appeal
(Rule 8-201)
(Caption)
NOTICE OF APPEAL
notes an appeal to the Court of Special Appeals in the

above-captioned action.
(Signature and Certificate of Service)
MARYLAND RULES
APPENDIX: FORMS
Md. Rules Form 22a (2012)
Form 22a to 26
Rescinded June 5, 1996, effective January 1, 1997.
MARYLAND RULES
APPENDIX: FORMS
Form 27 to 36. Juvenile causes
New forms substituted.
MARYLAND RULES
APPENDIX: FORMS
Form 611. Notice of judgment by default or decree pro confesso
MARYLAND RULES
APPENDIX: FORMS
Md. Rules Form 1-332 (2012)
Form 1-332. Notification of need for accommodation or interpreter

MARYLAND RULES
APPENDIX: FORMS
Md. Rule Note (2012)
Note -- Introductory statement
The forms contained in this Appendix are limited in number and intended to illustrate some of
the more commonly used forms in modern practice. Rule 1-302 provides that the forms in this
Appendix are not mandatory except as otherwise expressly provided by rule or statute.
MARYLAND RULES
APPENDIX: FORMS
FORMS FOR JUVENILE CAUSES
Md. Rules Form 903-P/C (2012)

Form 903-P/C. Juvenile petition -- Child
MATTER OF
........................
(Respondent)
IN THE ........... COURT
FOR ............... CITY/COUNTY
SITTING AS A JUVENILE
COURT
Case Number...................
JUVENILE PETITION -- CHILD
TO THE HONORABLE JUDGE OF THE COURT:
The Petition of the State of Maryland respectfully shows:
1. That:
(a) The Respondent's home address is.....................................
.............................................................................
(b) He resides with......................................................
at that address.
(c) The name and address of his parent, guardian, or custodian is........
.............................................................................
(d) The Respondent's date of birth is....................................

2. That the State alleges the Respondent is
[] Delinquent [] In need of supervision
[] In need of assistance
3. That the facts on which the allegation is based are as follows:.......
.............................................................................
in violation of...........................................................
(specify law violated, if applicable)
4. That pending these proceedings, the Respondent:
[] was released in the custody of.........................................
.............................................................................
(name and address)
[] has been in detention/shelter care since..............................
(date)
and that his parent, guardian, or custodian has/has not been notified of
the detention or shelter care.
WHEREFORE, the State asks that the Court make appropriate findings and
dispositions under the Juvenile Causes Law (Title 3, Subtitle 8, Courts
Article, Annotated Code of Maryland).
STATE OF MARYLAND
by................................
State's Attorney/Intake Officer
for ......... City/County
Petitioner
The names of each witness to be summoned in support of this petition are:
Rev. 9/76
MARYLAND RULES
APPENDIX: FORMS
Md. Rules Form 903-P/A (2012)
Form 903-P/A. Juvenile petition -- Adult
(Caption)
JUVENILE PETITION -- ADULT

1. That the Respondent was born on ......... and is an adult residing at
.............................................................................
2. That your petitioner alleges that the Respondent has willfully

committed an act, omission, or condition which contributed to, encouraged,
caused or tended to cause .............. to be brought within the
jurisdiction of the Courts as a
[] delinquent child.
[] child in need of supervision.
[] child in need of assistance.
3. That the facts on which the allegation is based are as follows:
.............................................................................
in violation of section 3-831 of the Courts Article of the Annotated Code

of Maryland.
4. That pending these proceedings, the Respondent was
[] not arrested on this charge
[] released on recognizance
[] detained in default of $..... bail.

WHEREFORE, the State asks that the Court make appropriate findings and
dispositions under the Juvenile Causes Law (Title 3, Subtitle 8, Courts
Article, Annotated Code of Maryland).
STATE OF MARYLAND
By................................
State's Attorney for
......... City/County
Petitioner
The names of each witness to be summoned in support of this petition are:
Rev. 9/76
MARYLAND RULES
APPENDIX: FORMS
Md. Rules Form 904-R (2012)
Form 904-R. Recognizance of parent, guardian, or custodian
RECOGNIZANCE OF PARENT, GUARDIAN, OR CUSTODIAN
I hereby acknowledge:
1. That I am the parent, guardian, or custodian of........................;
2. That the child was released into my custody at ......... o'clock on

.........., 19 ..., pending possible proceedings in the ......... Court for
......... City/County, sitting as a Juvenile Court;
3. That, as a condition of the child's release, I hereby assume the

responsibility for retaining custody and control of the child and for bringing
him before the court when ordered to do so;
4. That I have posted $ ..... as security for the child's appearance in

court, and that all or part of it may be forfeited if I fail to produce the
child when ordered to do so;
5. That the child may be taken into custody and I may be proceeded against
for contempt of court if I fail to produce the child before the court when
ordered to do so.
6. That I will immediately notify the Clerk of the Juvenile Court at
..............., ..............., of any new address for me or the child.
Address Telephone
.............. .................
Witness
Parent/Guardian/Custodian
.................................
Address
......... ......................
Date Telephone Number
Rev. 9/76
MARYLAND RULES
APPENDIX: FORMS
Md. Rules Form 904-S (2012)
Form 904-S. Summons
(Caption)
SUMMONS
STATE OF MARYLAND ........................

City/County
TO: ........................
........................
(Address)
........................
........................
You are hereby summoned to attend a.......................................
(specify type)
hearing in this case at .........., 19 ..., at ....., Maryland.
IF YOU FAIL TO ATTEND, YOU MAY BE ARRESTED.
ISSUED the ......... day of ......... , 19 ...
WITNESS the Honorable............................. Judge of the ..........
(place)
Court for ................... City/County, Maryland.
.....................................
(SEAL) Clerk
TO THE PERSON SUMMONED: TAKE NOTICE that the Court may, at this or any
later hearings, consider and pass orders concerning but not limited to the
detention, shelter care, commitment, custody, treatment, and supervision of
the respondent child; responsibility for his support; restitution by the
respondent and/or his parents in an amount not to exceed $ 10,000;
controlling the conduct of persons before the court; and assessment of court
costs.
You may, if you wish, retain a lawyer to represent you or the child; if you
do, be sure to show this Summons to him. If you cannot afford a lawyer,
contact the Office of the Public Defender on any weekday between 8:30 and 4:30
at: .............. . Telephone Number: .............. . A postponement will
NOT be granted because you fail to contact a lawyer.
If you do not want a lawyer, but you wish to subpoena witnesses on your
behalf or on behalf of the respondent child, you must list their names and
addresses neatly on the enclosed Request for Witness Subpoena Form, and mail
it promptly to the Clerk at the address shown on the form.
RETURN OF SERVICE
SUMMONED ........................
Non Est:...................................................................
by personal service and delivering

Other......................................................................
a copy of this Summons and the ......
attached ..............................
ATTEMPTS AT SERVICE
.........................................
......................................................................
to the said Date Time Date Time
............................... at ..
.................................. ..
this ......... day of ......... By:

.............................................................................
19 ... Sheriff
Rev. 9/76, 7/87, 12/95
MARYLAND RULES
APPENDIX: FORMS
Md. Rules Form 904-R/WS (2012)
Form 904-R/WS. Request for witness subpoena
(Caption)
REQUEST FOR WITNESS SUBPOENA
Clerk, Juvenile Court for ............. City/County
...............
(address)
...............
Please subpoena the following:

Name: .........................
Address: .................
..........................
..............................................................
..........................
..............................................................
..........................
..............................................................
..........................
..............................................................
to testify for the respondent at the hearing in this case.
Signed............................
Respondent, Parent, Guardian,
Custodian or Attorney
(Circle appropriate status)
Rev. 9/76
MARYLAND RULES
APPENDIX: FORMS
Md. Rules Form 904-WS (2012)
Form 904-WS. Witness subpoena

(Caption)
WITNESS SUBPOENA
STATE OF MARYLAND ................ City/County:
TO: ......................
...................
(Address)
...................
You are hereby subpoenaed to attend a hearing in this case at ........ M.

on
(time)
.............. at ..............., Maryland, to testify on behalf of the
date place
State/Respondent.
IF YOU FAIL TO ATTEND, YOU MAY BE ARRESTED.

ISSUED the ..... day of .........., 19 ...
WITNESS the Honorable .............., Judge of the ............. Court for

............. City/County, Maryland.
...............................
(SEAL) Clerk
RETURN OF SERVICE
SUBPOENAED .............. Non Est:..
by personal service of a copy Other:.
of this Subpoena
Subpoenaed on the said

Date Time Date Time
............................... at ..
.................................. ..
this ..... day of .............. By:
19 ... Sheriff
Rev. 9/76
MARYLAND RULES
APPENDIX: FORMS
Md. Rules Form 904-WA (2012)
Form 904-WA. Writ of attachment
(Caption)
WRIT OF ATTACHMENT
TO THE SHERIFF OF ........... CITY/COUNTY
WHEREAS, the Respondent ............, was released in the custody of his

parent, guardian or custodian on recognizance pending further proceedings, and
his parent, guardian or custodian has failed to produce the Respondent at a
hearing before the Court, you are commanded to take the said Respondent into
custody and deliver him before the Court.
ISSUED this ..... day of .........., 19 ... by the ........... Court for
........... City/County, Maryland.
.................................
Clerk
CIPI this ..... day of .........., 19 ..., at ... M. and copy of writ
delivered.
NON EST .............
.................................
Sheriff
Rev. 9/76
MARYLAND RULES
APPENDIX: FORMS
Md. Rules Form 905-OE (2012)
Form 905-OE. Order for physical or mental examination of respondent
(Caption)
ORDER FOR PHYSICAL OR MENTAL EXAMINATION

OF RESPONDENT
WHEREAS, the Respondent is before this Court on a Juvenile Petition

alleging that he is:
[] delinquent
[] in need of supervision
[] in need of assistance; and

The Court believing that the Respondent should be examined in order to
assist the Court in making a proper adjudication and disposition, it is
thereupon
ORDERED, this ..... day of ............, 19 ..., by the ........... Court

for ........... City/County, Maryland, sitting as a Juvenile Court, that the
Respondent ................... be examined by a qualified ........... at
........... on or before ............, 19 ..., for the purpose of advising
the Court as to
[] his competence to participate in these proceedings
[] his responsibility for the alleged acts
[] his general mental and physical condition
[] the propriety of the Court waiving its jurisdiction
[] any physical or mental condition that may require treatment
and it is further
ORDERED, that the Report of the examination be delivered to Court; and it

is further
ORDERED, that the cost of the examination be paid by .............; and it
is further
ORDERED, that a copy of this Order be served on the Respondent and on
.................
Recommended:
..................................
Master for Juvenile Causes
.................................
Judge
Rev. 9/76
MARYLAND RULES
APPENDIX: FORMS
Md. Rules Form 912-A (2012)

Form 912-A. Authorization for emergency detention or shelter care pending hearing
(Caption)
AUTHORIZATION FOR EMERGENCY DETENTION OR

SHELTER CARE PENDING HEARING
TO: ...............................
...............................
(Address)
...............................
WHEREAS, it has been determined that ............... requires emergency
[] detention, having been alleged delinquent;
[] shelter care, having been alleged to be delinquent, in need of

supervision, or in need of assistance
you are hereby authorized to receive and keep the child in your care and
custody pending a hearing in this case on....................................
(Date)
Dated ............, 19 ...
STATE OF MARYLAND
By................................
Juvenile Services Intake Officer
for................... City/County
Rev. 9/76
MARYLAND RULES
APPENDIX: FORMS
Md. Rules Form 912-N (2012)
Form 912-N. Notice of emergency detention/shelter care and notice of hearing
(Caption)
NOTICE OF EMERGENCY DETENTION/SHELTER CARE

AND NOTICE OF HEARING
TO: ............................................
............................................
(Address)
............................................
Parent, Guardian or Custodian
of ............................................
TAKE NOTICE that ........... has been taken into custody for the reason
that he is alleged to be
[] delinquent
[] in need of supervision
[] in need of assistance
and that he was at ... M. on ....... placed in emergency

detention/shelter care at .........., Maryland, for the reasons indicated
below:
[] to protect the child, or the person and property of others;
[] the child is believed likely to leave the jurisdiction of the

Court;
[] there appears to be no parent, guardian or custodian able to provide

supervision and care for the child when required.
A hearing has been scheduled for ... M. on ........, 19 ..., before the
............. Court for ............. City/County, Maryland, to determine
whether the said child should remain in detention or shelter care.
AS THE PARENT, GUARDIAN, OR CUSTODIAN OF THE CHILD, YOU ARE DIRECTE

D TO BE
PRESENT AT THE HEARING.
If you wish, you may contact the Juvenile Services Agency Intake Officer at
.............. Maryland, Telephone No. .........
STATE OF MARYLAND
By....................................
for ........... City/County

Rev. 9/76, 8/87
MARYLAND RULES
APPENDIX: FORMS
Md. Rules Form 912-O/CDSC (2012)
Form 912-O/CDSC. Order for continued detention or shelter care
(Caption)
ORDER FOR CONTINUED DETENTION OR SHELTER CARE
WHEREAS, the Respondent having been alleged/adjudicated to be

delinquent/in need of supervision/in need of assistance, and the Court,
after a hearing, having found that the respondent's continued detention or
shelter care is necessary pending further proceedings in this case; it is
ORDERED, this ........... day of ............, 19 ..., by the

............. Court for ............. City/County, Maryland, sitting as a
Juvenile Court, that the detention/shelter care of the Respondent at
............. Maryland be continued pending the further order of this Court
or the expiration of 30 days from the date of this Order, whichever first
occurs; and it is further
ORDERED, that ............. be, and hereby is, authorized and directed to
retain the Respondent in its care and custody, with the right to consent to
such medical, surgical and hospital care and treatment as may from time to
time be determined to be in Respondent's best interests, subject to the
further order of this Court; and it is further
ORDERED, that ............. deliver the Respondent to the appropriate

detention/shelter care facility and it is further
ORDERED, that a copy of this Order be served on the Respondent

............. and ..............
Recommended:
..................................
Judge
MARYLAND RULES
APPENDIX: FORMS
Md. Rules Form 912-P/CDSC (2012)
Form 912-P/CDSC. Petition for continued detention or shelter care
(Caption)
PETITION FOR CONTINUED DETENTION OR SHELTER CARE
1. That the Respondent was taken into custody as the result of certain
facts and conditions that indicate that he may be a
[] delinquent child
[] child in need of supervision
[] child in need of assistance
2. That the Respondent was placed in emergency detention or shelter care

at ... M. on ............, 19 ..., at ..............................
(place)
3. That an investigation is now being made to determine whether a Juvenile

Petition should be filed with respect to the Respondent.
4. That pending the possible filing of Juvenile Petition, the Respondent

should remain in detention or shelter care
[] to protect the child, or the person and property of others;
[] the child is believed likely to leave the jurisdiction of the

Court;
[] there appears to be no parent, guardian, or custodian able to

provide supervision and care for the child and to return him to Court when
required.
WHEREFORE, the State asks that the Court pass an Order continuing the
detention or shelter care of the Respondent for a period not to exceed .....
days.
STATE OF MARYLAND
By................................
for.....................City/County
Rev. 9/76
MARYLAND RULES
APPENDIX: FORMS
Md. Rules Form 913-O/W (2012)
Form 913-O/W. Order waiving juvenile jurisdiction
(Caption)
ORDER WAIVING JUVENILE JURISDICTION
WHEREAS,
[] a waiver hearing having been held, upon petition by the State of

Maryland/Motion of the Court,
[] after summary review pursuant to 3-817 of the Courts Article, it

is
ORDERED, this ........... day of ............, 19 ..., by the ...........

Court for ........... City/County, Maryland, sitting as a Juvenile Court,
that this Court's exclusive original jurisdiction over the Respondent
........... be, and it hereby is, waived; and it is further
ORDERED, that the Respondent be held for action under the appropriate
criminal procedure; and it is further
ORDERED, that the Respondent be placed in the custody of the sheriff or

other appropriate officer in an adult detention facility pending a bail
hearing pursuant to Rule 4-222; and it is further
ORDERED, that a copy of this Order be served upon the Respondent, the
State's Attorney for ........... City/County, Maryland, and the sheriff or
other custodian of the adult detention facility.
................................
Judge
Rev. 9/76
MARYLAND RULES
APPENDIX: FORMS
Md. Rules Form 913-P/W (2012)
Form 913-P/W. Petition for waiver of juvenile jurisdiction
(Caption)
PETITION FOR WAIVER OF JUVENILE JURISDICTION

1. That the Respondent was born on ..................
2. That the petition filed in these proceedings alleges that the

respondent is a delinquent child.
3. That the Respondent is an unfit subject for juvenile rehabilitative

measures because:
[] he is ......... years of age and
[] by reason of his physical and mental condition or past experience,

he is not amenable to treatment in any institution, facility, or program
available to delinquents;
[] of the seriousness of the alleged offense;
[] of the degree of his alleged participation in the offense;
[] of the requirements of public safety;
[] the Court has previously waived its jurisdiction with respect to

the Respondent on another petition alleging delinquency.
WHEREFORE, the State asks that the Court waive its exclusive original
jurisdiction so that the Respondent may be tried in the criminal court.
STATE OF MARYLAND
By................................
State's Attorney
for.....................City/County
Rev. 9/76
MARYLAND RULES
APPENDIX: FORMS
Md. Rules Form 914-O/A (2012)
Form 914-O/A. Order of adjudication
(Caption)
ORDER OF ADJUDICATION
THIS cause having come on for an adjudicatory hearing on notice to all

parties, the Court finds that the allegations of the petition have been proved
[] beyond a reasonable doubt, that the respondent is a delinquent

child;
[] by a preponderance of the evidence, that the respondent is a child

in need of supervision;
[] by a preponderance of the evidence, that the respondent is a child

in need of assistance;
and it is thereupon
ADJUDGED, ORDERED and DECREED, this ........... day of ............, 19

..., by the ........... Court for ........... City/County, Maryland,
sitting as a Juvenile Court, that the Respondent ........... be and hereby
is made and declared to be a ward of this Court; and it is further
ORDERED, that a copy of this Order be served upon the Respondent and....
Recommended:
..................................
.................................
Judge
Rev. 9/76
MARYLAND RULES
APPENDIX: FORMS
Md. Rules Form 915-O/PDC (2012)
Form 915-O/PDC. Order for probation of delinquent child
(Caption)
ORDER FOR PROBATION OF DELINQUENT CHILD
WHEREAS, the Respondent has been adjudicated as a delinquent child, and the
Court believes that the Respondent should be placed on probation, it is

that the Respondent ........... be, and hereby is placed on probation in the
custody of ........... but under the supervision of ........... and subject
to the following special conditions:
.............................................................................
.............................................................................
and to the further order of this Court; and it is further
ORDERED, that a copy of this Order be served on the Respondent and
Recommended:
..................................

.................................
Judge
Rev. 9/76
MARYLAND RULES
APPENDIX: FORMS
Md. Rules Form 915-O/CJ (2012)
Form 915-O/CJ. Order for commitment of juvenile
(Caption)
ORDER FOR COMMITMENT OF JUVENILE
WHEREAS, the Respondent was made a ward of this Court on ...............,

19 ..., and the Court finds that the best interests of both the Respondent and
the public would be served by removing the Respondent from his present
environment, it is thereupon

that the Respondent ........... be, and hereby is committed to the care and
custody of .............. with the right of the custodian to consent to such
medical, surgical, and hospital care and treatment as may from time to time be
determined to be in the Respondent's best interest, subject to the further
Order of this Court; and it is further
ORDERED, that ........... shall deliver the Respondent to the appropriate

detention/shelter care facility; and it is further
ORDERED, that a copy of this Order be served upon the Respondent
and.......................................................................
Recommended:
..................................
.................................
Judge
Rev. 9/76
MARYLAND RULES
APPENDIX: FORMS
Md. Rules Form 915-O/PS (2012)
Form 915-O/PS. Order for protective supervision
(Caption)
ORDER FOR PROTECTIVE SUPERVISION

WHEREAS, the Respondent has been adjudicated as a child in need of
supervision/assistance, and the Court believes that the Respondent should be
placed in protective supervision, it is thereupon,

that the Respondent ........... be, and hereby is, placed in protective
supervision in the custody of ........... but under the supervision of
........... subject to the following special conditions:....................
.............................................................................
ORDERED, that a copy of this Order be served upon the Respondent

and.......................................................................
Recommended:
..................................
.................................
Judge
Rev. 9/76
MARYLAND RULES
APPENDIX: FORMS
Md. Rules Form 915-O/PA (2012)
Form 915-O/PA. Order for probation -- Adult
(Caption)
ORDER FOR PROBATION -- ADULT
WHEREAS, the Respondent has been convicted of violating Section 3-831 of

the Courts Article, and the Court believes that the Respondent should be
placed on probation under the conditions set forth in this Order, it is
thereupon

that the Respondent ........... be, and hereby is, placed on probation for a
period of ....... under the supervision of ........... subject to the
following special conditions:
.............................................................................
.............................................................................
ORDERED, that a copy of this Order be served upon the Respondent and......
Recommended:
..................................
.................................
Judge
Rev. 9/76
MARYLAND RULES
APPENDIX: FORMS
Md. Rules Form 916-O/RCAS (2012)
Form 916-O/RCAS. Order rescinding commitment and for aftercare supervision
(Caption)
ORDER RESCINDING COMMITMENT AND FOR

AFTERCARE SUPERVISION
WHEREAS, the Respondent was committed by this Court to ........... on

............, 19 ..., and the Court having found, upon the petition of
............, that the interests of the Respondent and the public would best
be served by the Respondent's release from commitment and placement in
protective supervision, it is thereupon
ORDERED, this ..... day of .........., 19 ..., by the ......... Court for
......... City/County, Maryland, sitting as a Juvenile Court, that the
commitment of the Respondent ........... be, and it hereby is, rescinded, and
that the Respondent be released into the custody of ........... effective
............, 19 ...; and it is further
ORDERED, that the Respondent be, and hereby is, placed under the
supervision of ................... subject to the following special conditions
.............................................................................
and subject to the further Order of this Court; and it is further
ORDERED, that a copy of this Order be served on the Respondent, and on
............................................................................
Recommended:
..................................
.................................
Judge
Rev. 9/76 MARYLAND RULES

APPENDIX: FORMS
Md. Rules Form 916-P/RPC (2012)
Form 916-P/RPC. Petition for revocation of probation and for commitment of delinquent child
(Caption)
PETITION FOR REVOCATION OF PROBATION

AND FOR COMMITMENT OF DELINQUENT CHILD

1. That the Respondent was placed on probation in the custody of and under
supervision of .............. by Order of this Honorable Court dated
............, 19 ..., subject to the following special conditions
........................ and to the further Order of the Court.
2. That the Respondent has violated the following conditions of probation
.............................................................................
.............................................................................
WHEREFORE, the State asks that an Order be passed directing the Respondent
to appear and show cause why his probation should not be revoked and why he
should not be committed.
STATE OF MARYLAND
By................................
...................................
(Agency)
Petitioner
Rev. 9/76
MARYLAND RULES
APPENDIX: FORMS
Md. Rules Form 916-P/RPSC (2012)
Form 916-P/RPSC. Petition for revocation of protective supervision and for commitment
(Caption)
PETITION FOR REVOCATION OF PROTECTIVE SUPERVISION

AND FOR COMMITMENT
1. That the Respondent was placed in protective supervision in the custody

of ........... and under supervision of ........... by Order of this
Honorable Court on ............, 19 ..., subject to the following special
conditions ................... and subject to the further Order of the Court.
2. That the following conditions of protective supervision have been

violated
.............................................................................
WHEREFORE, the State asks that an Order be passed directing the Respondent
to appear and show cause why the protective supervision should not be revoked
and why he should not be committed.
STATE OF MARYLAND
By................................
...................................
(Agency)
Petitioner
Rev. 9/76
MARYLAND RULES
APPENDIX: FORMS
Md. Rules Form 916-O/TPPS (2012)
Form 916-O/TPPS. Order terminating probation/protective supervision
(Caption)
ORDER TERMINATING PROBATION/PROTECTIVE SUPERVISION
WHEREAS, the Respondent was placed on probation/in protective supervision

by Order of this Court on .........., 19 ..., and the Court having found that
the interests of the Respondent and the public would best be served by
releasing the Respondent from that status, it is thereupon
ORDERED, this ......... day of .........., 19 ..., by the ......... Court

for ......... City/County, Maryland, sitting as a Juvenile Court, that the
aforementioned Order for Probation/Protective Supervision be, and hereby is,
rescinded, and the Respondent be, and hereby is, released from
Probation/Protective Supervision; and it is further
.............................................................................
Recommended:
..................................
.................................
Judge
Rev. 9/76
MARYLAND RULES
APPENDIX: FORMS
Md. Rules Form 916-SCO (2012)
Form 916-SCO. Show cause order
(Caption)
SHOW CAUSE ORDER
UPON consideration of the petition of the State of Maryland/the Motion of

the Court, it is
ORDERED, this ....... day of ........, 19 ..., by the ......... Court for
......... City/County, sitting as a Juvenile Court, that the Respondent
......... be, and hereby is, directed to appear in this Court at ... .M. on
......... 19 ..., and show cause why the Order for Probation or Protective
Supervision passed on .........., 19 ..., should not be rescinded and why the
Respondent should not be committed; provided that a copy of this Order and the
petition of the State, if any, be served upon the Respondent and on
........... on or before ............, 19 ...
Recommended:
..................................

.................................
Judge
Rev. 9/76
MARYLAND RULES
APPENDIX: FORMS
Md. Rules Form 918-O/S (2012)
Form 918-O/S. Order for support
(Caption)
ORDER FOR SUPPORT
ORDERED, this ........... day of .........., 19 ..., by the ...........

Court for ......... City/County, Maryland, sitting as a Juvenile Court, that
......... be, and hereby is, directed to pay the sum of $......... per
......... toward the support and maintenance of .........., a child subject
to the jurisdiction of this Court, subject to the further Order of the Court;
and it is further
ORDERED, that this sum be paid to ............; and it is further
ORDERED, that a copy of this Order be served on ........... and

...........
Recommended:
..................................

.................................
Judge
Rev. 9/76
MARYLAND RULES
APPENDIX: FORMS
Md. Rules Form 918-O/JR (2012)
Form 918-O/JR. Order for judgment of restitution
(Caption)
ORDER FOR JUDGMENT OF RESTITUTION
WHEREAS, the Court having found that the Respondent child
[] stole, damaged, destroyed, converted, unlawfully obtained, or

substantially decreased the value of the property of..........................
................................................in the amount of $ ...........;
[] inflicted personal injury on

..................................................... requiring that person
to incur medical, dental, hospital, funeral or burial expenses in the amount
of $ ..........;
and that ................... is the Respondent child or the parent of the

Respondent child, it is thereupon
ORDERED, this ......... day of .........., 19 ..., by the Court for

................... City/County, Maryland, sitting as a Juvenile Court, that
Judgment of Restitution in the amount of $ ......... be, and it hereby is,
entered against ................... jointly and severally in favor of
...................., pursuant to Section 3-829 of the Courts Article, and
that the judgment debtor pay the costs of this proceeding; and it is further
ORDERED, that a copy of this Order be served on the Respondent, on

................... and on ...................
Recommended:
.................................
...................................
Judge
Rev. 9/76, 7/87, 8/87
MARYLAND RULES
APPENDIX: FORMS
Md. Rules Form 920-FOT (2012)
Form 920-FOT. Final order of termination
(Caption)
FINAL ORDER OF TERMINATION
ORDERED, this ......... day of .........., 19 ..., by the ......... Court

for ......... City/County, Maryland, sitting as a Juvenile Court, that this
proceeding be, and it hereby is, terminated; and it is further
..................................
Recommended:
..................................
.................................
Judge
Rev. 9/76
MARYLAND RULES
APPENDIX: FORMS
Note -- FORMS FOR EXPUNGEMENT OF RECORDS

MARYLAND RULES
APPENDIX: FORMS
BAIL BOND FORMS
Note -- BAIL BOND FORMS
MARYLAND RULES
APPENDIX: FORMS
FORMS FOR SPECIAL ADMISSION OF OUT-OF-STATE ATTORNEY
Md. Rules Form RGAB-14/M (2012)
Form RGAB-14/M. Motion for special admission of out-of-state attorney under Rule 14 of the
Rules Governing Admission to the Bar of Maryland
(Caption)
MOTION FOR SPECIAL ADMISSION OF OUT-OF-STATE ATTORNEY

UNDER RULE 14 OF THE RULES GOVERNING
ADMISSION TO THE BAR OF MARYLAND
I, ............, attorney of record in this case, move that the court

admit, ........... of ............, an out-of-state attorney who is a member
(name) (address)
in good standing of the Bar of.............................................,
for the limited purpose of appearing and participating in this case as

co-counsel with me.
Unless the court has granted a motion for reduction or waiver, the $ 100.00
fee required by Code, Courts and Judicial Proceedings Article, 7-202 (e) is
attached to this motion.
I [] do [] do not request that my presence be waived under Rule 14 (d) of

the Rules Governing Admission to the Bar of Maryland.
.............................................
Signature of Moving Attorney
.............................................
Name
............................................
Address
.............................................
Telephone
Attorney for................................
CERTIFICATE AS TO SPECIAL ADMISSIONS
I, ............, certify on this ........... day of ............, .....,

that during the preceding twelve months, I have been specially admitted in the
State of Maryland ........... times.
.............................................
Signature of
Out-of-State Attorney
.............................................
Name
.............................................
Address
.............................................
Telephone
(Certificate of Service)
MARYLAND RULES
APPENDIX: FORMS
FORMS FOR SPECIAL ADMISSION OF OUT-OF-STATE ATTORNEY
Md. Rules Form RGAB-14/O (2012)
Form RGAB-14/O. Order
(Caption)
ORDER
ORDERED, this ..... day of ............, ....., by the ........... Court

for ............, Maryland, that
[] ........... is admitted specially for the limited purpose of appearing

and participating in this case as co-counsel for ............ The presence of
the Maryland lawyer [] is [] is not waived.
[] That the Special Admission of ........... is denied for the following

reasons:.....................................................................
........................ and the Clerk shall return any fee paid for the
Special Admission and it is further
ORDERED, that the Clerk forward a true copy of the Motion and of this Order
to the State Court Administrator.
.............................................
Judge

MARYLAND RULES
APPENDIX: FORMS
FORM INTERROGATORIES
Form 1. Instructions
TO: [Name of party to answer interrogatories]
FROM: [Name of party propounding interrogatories]
Instructions
Pursuant to Rule 2-421, you are required to answer the following

interrogatories within 30 days or within the time otherwise required by court
order or by the Maryland Rules:
(a) In accordance with Rule 2-421 (b), your response shall set forth the
interrogatory, and shall set forth the answer to the interrogatory "separately
and fully in writing under oath" or "shall state fully the grounds for refusal
to answer any interrogatory." The response shall be signed by you. (Standard
Instruction (a).)
(b) Also in accordance with Rule 2-421 (b), your answers "shall include
all information available" to you "directly or through agents,
representatives, or attorneys." (Standard Instruction (b).)
(c) Pursuant to Rule 2-401 (e), these interrogatories are continuing. If

you obtain further material information before trial you are required to
supplement your answers promptly. (Standard Instruction (c).)
(d) If pursuant to Rule 2-421 (c), you elect to specify and produce
business records of yours in answer to any interrogatory, your specification
shall be in sufficient detail to enable the interrogating party to locate and
identify the records from which the answer may be ascertained. (Standard
Instruction (d).)
(e) If you perceive any ambiguities in a question, instruction, or

definition, set forth the matter deemed ambiguous and the construction used in
answering. (Standard Instruction (e).)
MARYLAND RULES
APPENDIX: FORMS
Form 2. General definitions
Definitions
In these interrogatories, the following definitions apply:
(a) Document includes electronically stored information and any writing, drawing, graph, chart,
photograph, sound recording, image, and other data or data compilation stored in any medium
from which information can be obtained, translated, if necessary, through detection devices into
reasonably usable form. (Standard General Definition (a).)
(b) Identify, identity, or identification, (1) when used in reference to a natural person, means that
person's full name, last known address, home and business telephone numbers, and present
occupation or business affiliation; (2) when used in reference to a person other than a natural
person, means that person's full name, a description of the nature of the person (that is, whether
it is a corporation, partnership, etc. under the definition of person below), and the person's last
known address, telephone number, and principal place of business; (3) when used in reference to
any person after the person has been properly identified previously means the person's name;
and (4) when used in reference to a document, requires you to state the date, the author (or, if
different, the signer or signers), the addressee, the identity of the present custodian of the
document, and the type of document (e.g., letter, memorandum, telegram, or chart) or to attach an
accurate copy of the document to your answer, appropriately labeled to correspond to the
interrogatory. (Standard General Definition (b).)
(c) Person includes an individual, general or limited partnership, joint stock company,
unincorporated association or society, municipal or other corporation, incorporated association,
limited liability partnership, limited liability company, the State, an agency or political
subdivision of the State, a court, and any other governmental entity. (Standard General
Definition (c).)
HISTORY: (Amended June 10, 1997, effective July 1, 1997; Mar. 5, 2001, effective July 1,
MARYLAND RULES
APPENDIX: FORMS

Form 3. General interrogatories
Interrogatories
1. Identify each person, other than a person intended to be called as an expert witness at trial,
having discoverable information that tends to support a position that you have taken or intend to
take in this action, including any claim for damages, and state the subject matter of the
information possessed by that person. (Standard General Interrogatory No. 1.)
2. Identify each person whom you expect to call as an expert witness at trial, state the subject
matter on which the expert is expected to testify, state the substance of the findings and opinions
to which the expert is expected to testify and a summary of the grounds for each opinion, and,
with respect to an expert whose findings and opinions were acquired in anticipation of litigation
or for trial, summarize the qualifications of the expert, state the terms of the expert's
compensation, and attach to your answers any available list of publications written by the expert
and any written report made by the expert concerning the expert's findings and opinions.
(Standard General Interrogatory No. 2.)
3. If you intend to rely upon any documents, electronically stored information, or tangible things
to support a position that you have taken or intend to take in the action, including any claim for
damages, provide a brief description, by category and location, of all such documents,
electronically stored information, and tangible things, and identify all persons having possession,
custody, or control of them. (Standard General Interrogatory No. 3.)
4. Itemize and show how you calculate any economic damages claimed by you in this action,
and describe any non-economic damages claimed. (Standard General Interrogatory No. 4.)
5. If any person carrying on an insurance business might be liable to satisfy part or all of a
judgment that might be entered in this action or to indemnify or reimburse for payments made to
satisfy the judgment, identify that person, state the applicable policy limits of any insurance
agreement under which the person might be liable, and describe any question or challenge raised
by the person relating to coverage for this action. (Standard General Interrogatory No. 5.)
2008.)
MARYLAND RULES
APPENDIX: FORMS
Form 4. Domestic relations definitions
Definitions
(a) Employer means any person that has compensated, or is obligated to compensate, you for
services. (Standard Domestic Relations Definition (a).)
(b) Fringe benefits include: (1) contributions made by your employer to health insurance, life
insurance, disability insurance, pension, profit sharing, or retirement plans; and (2) employer
reimbursements or payments that reduce your personal living expenses such as use of a company
car, expense accounts, and housing. (Standard Domestic Relations Definition (b).)
(c) Property includes:
(1) accounts in any financial institution or brokerage, including certificates of deposit;
(2) cash;
(3) debts owed to you, secured or unsecured, actual or contingent;
(4) home furnishings, jewelry, furs, stamp or coin collections, antiques, and works of art;
(5) intellectual property, including patents, royalties, and copyrights;
(6) interests in any entity, including partnerships, joint ventures, and corporations;
(7) interest in improved or unimproved real property, including leaseholds, condominiums, and
time share interests;
(8) life insurance and annuities;
(9) military or federal retirement benefits;
(10) pension plans, profit sharing plans, individual retirement accounts, and retirement plans;
(11) securities, including stocks, bonds, mutual funds, United States Government obligations,
options, and debentures;
(12) vehicles, boats, aircraft, equipment, machinery, crops, livestock, and poultry;
(13) workers' compensation claims and tort or contract claims against another; and
(14) any other interest or asset. (Standard Domestic Relations Definition (c).)
(d) Wages include hourly wages, salary, bonuses, tips, incentive awards, fees, commissions,
self-employment income, and overtime pay. (Standard Domestic Relations Definition (d).)
MARYLAND RULES
APPENDIX: FORMS
Form 5. Domestic relations interrogatories
Interrogatories
1. Identify yourself and all individuals with whom you reside. For each individual other than
yourself, state that individual's age, relationship to you, and marital status. State your own birth
date and social security number. (Standard Domestic Relations Interrogatory No. 1.)
2. Describe your educational background. Include in your answer the highest grade you
completed; the name and date of any degree, diploma, or certificate you received, and the name
of the institution conferring the degree, diploma, or certificate; and any specialized training you
have received. (Standard Domestic Relations Interrogatory No. 2.)
3. If you are currently employed in any capacity, identify each current employer and, for each
employment, state: (a) your job title, (b) your duties, (c) the number of hours in your average
work week, (d) your regular pay period, (e) your gross wages per pay period, and (f) the
deductions per pay period made by your employer from your wages. If overtime work was
available to you during the past 12 months, state: (a) the number of overtime hours you worked
during the 12 months and your rate of pay for those hours and (b) the number of overtime hours
that were available to you during the 12 months but that you did not work and the rate of pay you
would have received if you had worked those hours. (Standard Domestic Relations Interrogatory
No. 3.)
4. Describe the nature and amount of any fringe benefits that you receive as a result of your
employment. (Standard Domestic Relations Interrogatory No. 4.)
5. If you are unemployed, describe your efforts to obtain employment since you became
unemployed, identify each prospective employer and employment agency you have contacted
while seeking employment and state the date of each contact. (Standard Domestic Relations
Interrogatory No. 5.)
6. If you claim you are physically or mentally unable to work or your capacity to work is
limited, state the facts upon which your claim is based and identify all persons with personal
knowledge of those facts. (Standard Domestic Relations Interrogatory No. 6.)
7. For each employment that you have had during the past five years other than any current
employment, identify each employer and for each employment state: (a) the dates of
employment, (b) your duties, (c) your wages, and (d) your reason for leaving the job. If you were
unemployed for any period of time, specify the amount and source of any income that you
received while unemployed. (Standard Domestic Relations Interrogatory No. 7.)
8. Identify the sources and amounts of all taxable and non-taxable income you received during
the past five years. (Standard Domestic Relations Interrogatory No. 8.)
9. Identify the sources and amounts of any other moneys and credit(s) you received during the
past five years with an aggregate value in excess of $ 250 in any one year, including gifts, loans
from others, loans repaid to you by others, sales of assets, and untaxed distributions. (Standard
Domestic Relations Interrogatory No. 9.)
10. List each item of property in which you have any interest. For each item listed, state how it
is titled, its value, the amount of any present lien or mortgage on the property, the date of
acquisition of the property, and the identity of any other person with an interest in the property.
If you claim that any property listed is not marital property, state the facts upon which you base
your claim, including all sources of funds used for the acquisition of the property and identify all
persons with personal knowledge of those facts. (Standard Domestic Relations Interrogatory No.
10.)
11. If you, either alone or with anyone other than your spouse, transferred property during the
last five years of your marriage with a value in excess of $ 250 to any person other than your
spouse without receiving full consideration in money or money's worth for the property
transferred, identify each person to whom a transfer was made and the property transferred,
giving the date and method of transfer and the value of the property at the time of transfer.
(Standard Domestic Relations Interrogatory No. 11.)
12. If the information contained on your financial statement submitted pursuant to Rule 9-202
(e) or (f) has changed, describe each change. (Standard Domestic Relations Interrogatory No.
12.)
13. State by type and amount all support provided by you for your spouse and children since the
date of your separation. (Standard Domestic Relations Interrogatory No. 13.)
14. State the date on which you separated from your spouse and describe the circumstances of
the separation. (Standard Domestic Relations Interrogatory No. 14.)
15. If you contend that you are entitled to a divorce because your spouse's conduct toward you
or your minor child was cruel or vicious or that your spouse constructively deserted you,
describe your spouse's conduct and state the date and nature of any injuries sustained by you or
your minor child and the date, nature, and provider of health care services rendered regarding the
injuries. Identify all persons with personal knowledge of your spouse's conduct and all persons
with knowledge of any injuries you or your minor child sustained as a result of that conduct.
16. State the date on which you and your spouse last had sexual relations with each other.
17. If you have had sexual relations with a person other than your spouse during your marriage,
identify the person(s) with whom you have had sexual relations, state the date of each act of
sexual relations, and state the location where each act took place. If you refuse to answer this
interrogatory as framed because the answer would tend to incriminate you, so state and answer
for the period ending one year prior to the date of your answers. (Standard Domestic Relations
18. If you have had sexual relations with a person other than your spouse during the marriage
and you contend that your spouse has forgiven or condoned your actions, state the facts upon
which your contention is based. (Standard Domestic Relations Interrogatory No. 18.)
19. If you contend that your spouse is unfit to have custody of the children, state the facts upon
which your contention is based and identify all persons having personal knowledge of these
facts. If your contention is based on the use of controlled dangerous substances or the abuse of
alcohol on specific occasions, identify the substance used, the other persons present at the time of
the use, and the date, time, and place of the use. If your contention is based on the repeated use
of controlled dangerous substances or the repeated abuse of alcohol, identify the substance and
all persons with personal knowledge of the repeated use or abuse. (Standard Domestic Relations
20. If you have sought or received treatment or therapy at any time during the past 10 years for
any physical, mental, or emotional condition, including drug addiction or alcoholism, describe
the condition and the treatment or therapy provided, state the date or dates of treatment or
therapy, and identify all persons providing treatment or therapy. (Standard Domestic Relations
21. If you contend that placing the children in your sole, shared, or joint custody will be in their
best interest, specify the facts and circumstances upon which you rely. (Standard Domestic
Relations Interrogatory No. 21.)
22. Describe the child care plan you intend to follow when the children are with you. Include in
your answer a description of the place where the children will reside, specifying the number of
bedrooms, bathrooms, and other rooms, the distance to the school which the children will attend,
and the identity of all other persons who will be residing in that household. Identify all persons
who will care for the children in your absence, state the hours during which they will care for the
children, and the location where the care will be provided. (Standard Domestic Relations
HISTORY: (Amended Dec. 16, 1999, effective Jan. 1, 2000; Nov. 12, 2003, effective Jan. 1,
2004.)
MARYLAND RULES
APPENDIX: FORMS
Form 6. Motor vehicle tort definitions
Definitions
(a) The term occurrence, unless otherwise indicated, means the collision or other event
complained of in the pleadings. (Standard Motor Vehicle Tort Definition (a).)
(b) The phrase in [a, the, or that] vehicle includes entering, exiting, and being in or on a vehicle.
(Standard Motor Vehicle Tort Definition (b).)
(c) The term possession includes possession, custody, or control. (Standard Motor Vehicle Tort
Definition (c).)
MARYLAND RULES
APPENDIX: FORMS
Form 7. Motor vehicle tort interrogatories
Interrogatories
1. Identify yourself and state all names by which you have been known, your date of birth, your
marital status, and the identity of your spouse. (Standard Motor Vehicle Tort Interrogatory No.
1.)
2. State all addresses at which you have resided for the past five years and the date that you
resided at each. (Standard Motor Tort Interrogatory No. 2.)
3. Describe in detail how the occurrence took place. (Standard Motor Vehicle Tort Interrogatory
No. 3.)
4. Identify all persons who were witnesses to the occurrence and state their location at the time
of the occurrence.
5. Identify all persons who were at or near the scene at the time of the occurrence. (Standard
Motor Vehicle Tort Interrogatory No. 5.)
6. If you were in a vehicle at the time of the occurrence, identify all other persons who were in
that vehicle. (Standard Motor Vehicle Tort Interrogatory No. 6.)
7. Identify all persons who arrived at the scene within two hours after the occurrence. (Standard
8. If you were in a vehicle at the time of the occurrence, state the itinerary of the vehicle,
including the time and place of the beginning of the trip, the time and duration of each stop, the
destination, and the expected time of arrival. (Standard Motor Vehicle Tort Interrogatory No. 8.)
9. If you were engaged in any activity for an employer or other person at the time of the
occurrence, state the nature of the activity and identify the employer or other person. (Standard
10. If a report with respect to the occurrence was made in the ordinary course of business, state
the date on which the report was made, the identity of the person who made the report, and
whether the report was written, oral, or in some other form. Identify each document containing
information concerning the report and the custodian of the document. (Standard Motor Vehicle
Tort Interrogatory No. 10.)
11. Identify all photographs, videotapes, plats, diagrams, or other depictions of the scene or of
things connected with the occurrence that are in your possession. (Standard Motor Vehicle Tort
12. Identify all persons who have given you "statements," as that term is defined in Rule 2-402
(f), concerning the action or its subject matter. For each statement, state the date on which it was
given and identify the custodian. (Standard Motor Vehicle Tort Interrogatory No. 12.)
13. If you were charged with any offenses arising out of the occurrence, state the nature of the
charges, the court and case number, and the disposition of the charges. (Standard Motor Vehicle
Tort Interrogatory No. 13.)
14. If you contend that any party to this action caused or contributed to the occurrence, state
concisely the facts on which you rely. (Standard Motor Vehicle Tort Interrogatory No. 14.)
15. If you contend that a person not a party to this action caused or contributed to the
occurrence, identify each such person and state concisely the facts upon which you rely.
(Standard Motor Vehicle Tort Interrogatory No. 15.)
16. If you owned or were in a vehicle damaged as a result of the occurrence, describe any
damage to the vehicle. If the vehicle was repaired, identify the person who performed the repairs,
the dates of the repairs, and the cost. If the vehicle is unrepaired, state the address where and the
hours when it may be seen. (Standard Motor Vehicle Tort Interrogatory No. 16.)
17. If you owned or were in a vehicle involved in the occurrence, state: when the vehicle was
last repaired before the occurrence; the nature, dates, and costs of the repairs; the identity of the
persons making the repairs; and the extent of any unrepaired damage to the vehicle immediately
prior to the occurrence. (Standard Motor Vehicle Tort Interrogatory No. 17.)
18. If you contend that mechanical failure caused or contributed to the occurrence, state
concisely the facts upon which you rely. (Standard Motor Vehicle Tort Interrogatory No. 18.)
19. If you were in a vehicle at the time of the occurrence, identify the owner and the driver of
the vehicle. If you were not the owner, state whether you had the permission of the owner to be
in the vehicle and the purpose for which permission was given. (Standard Motor Vehicle Tort
20. If you were the driver of a vehicle involved in the occurrence, state whether you have or
have ever had any disability, illness, disease, or injury that could affect your ability to operate a
motor vehicle, and describe its nature and extent. If treated or evaluated, identify all treating or
examining health care providers and the approximate date of each examination or treatment.
(Standard Motor Vehicle Tort Interrogatory No. 20.)
21. State whether you used any alcoholic beverages or drugs, whether controlled or otherwise,
within 24 hours before the occurrence, the places where they were obtained, the places where
they were used, and the nature and amount used. (Standard Motor Vehicle Tort Interrogatory No.
21.)
22. State the substance of all discussions concerning the occurrence that you or others in your
presence had with any party to this case. State when and where each discussion took place and
identify all persons who were present. (Standard Motor Vehicle Tort Interrogatory No. 22.)
23. State whether you have possession or knowledge of any recordings or transcripts of
testimony in any proceeding arising out of the occurrence. If so, state the date and subject
matter, and identify each person who recorded the testimony and the custodian of each recording
or transcript. (Standard Motor Vehicle Tort Interrogatory No. 23.)
24. If you were in a vehicle involved in the occurrence, state whether the driver of the vehicle
has a current driver's license. If so, state when and where the license was issued, the nature of
any restrictions on the license, and whether the license was ever suspended or revoked. (Standard
25. State whether, at any time during the fifteen year period preceding the date of your answers
to these interrogatories, you have been convicted of any crime other than a minor traffic offense.
If so, for each conviction identify the court in which you were convicted and state the amount of
any fine and the date and length of any incarceration imposed. For purposes of this interrogatory,
a conviction includes a plea of nolo contendere followed by a sentence, whether or not the
sentence is suspended. (Standard Motor Vehicle Tort Interrogatory No. 25.)
26. If you were in a vehicle at the time of the occurrence, state whether there were any
electronic devices capable of two-way voice, text, data, or image transmission in the vehicle and
for each device:
(a) state the type of device (e.g., cellular telephone, personal digital assistant, citizens' band
radio, mobile data terminal);
(b) identify the owner of the device;
(c) identify the person who had possession of the device at the time of the occurrence;
(d) state whether the device was in use at the time of the occurrence;
(e) identify the service provider for the device;
(f) state the account number with the service provider; and
(g) if the device has a telephone number, state the number, including the area code. (Standard
Motor Vehicle Tort Interrogatory No. 26)
2004; Dec. 4, 2007, effective Jan. 1, 2008; amended Sept. 10, 2009, effective Oct. 1, 2009.)
MARYLAND RULES
APPENDIX: FORMS
Form 8. Personal injury interrogatories
Interrogatories
1. Describe each injury sustained by you as a result of the occurrence, and state whether the
injury was temporary or is permanent. (Standard Personal Injury Interrogatory No. 1.)
2. Describe all current symptoms, disabilities, and other physical or mental conditions that you
claim are a result of the occurrence. (Standard Personal Injury Interrogatory No. 2.)
3. Identify each health care provider who has examined or treated you as a result of the
occurrence, and for each provider state the date and purpose of each examination or treatment.
(Standard Personal Injury Interrogatory No. 3.)
4. Identify all hospitals or other facilities at which you have been examined or treated as a result
of the occurrence, and for each state the dates of your examinations or treatments and, if you
were admitted, the dates of your admissions and discharges. (Standard Personal Injury
5. Identify all health care providers, other than those otherwise identified in your answers, who
have examined or treated you during the period commencing five years before the occurrence
and extending to the present, identify all hospitals and other facilities at which you were
examined or treated, and describe the condition for which you were examined or treated.
6. State whether you claim past or future loss of earnings or earning capacity as a result of the
occurrence and, if so, state for each category the amount claimed, the method by which you
computed that amount, the figures used in that computation, and the facts and assumptions upon
which your claim is based. (Standard Personal Injury Interrogatory No. 6.)
7. State the amount you reported as earned income on your federal income tax returns for each
of the past three years and whether you have a copy of the returns. (Standard Personal Injury
8. Itemize all expenses and other economic damages, past and future, that you claim are a result
of the occurrence and as to each item claimed identify the item, the amount claimed for that item,
the method, if any, by which you computed the amount, the figures used in that computation, and
the facts and assumptions upon which your claim is based. (Standard Personal Injury
9. State whether prior or subsequent to the occurrence you have sustained any accidental injury
for which you received medical care or treatment. If so, describe the date and circumstances of
the accidental injury and identify all health care providers, including hospitals and other
institutions, that furnished care to you. (Standard Personal Injury Interrogatory No. 9.)
10. State whether you have applied for any Medicare, Medicaid, or other federally funded
benefits with respect to the injuries or occurrence complained of in this action, and if so, for each
such application:
(a) state the type of benefits involved;
(b) identify the funding source to which you applied;
(c) state the case number, policy number, or other identifier assigned to your application;
(d) state the amount of benefits paid, if any; and
(e) identify all documents that contain any of the information requested in this interrogatory.
HISTORY: (Amended Jan. 8, 2002, effective Feb. 1, 2002; amended Sept. 10, 2009, effective
Oct. 1, 2009.)
MARYLAND RULES
APPENDIX: FORMS
Form 9. Product liability definitions
Definitions
(a) Component means a part or ingredient. (Standard Product Liability Definition (a).)
(b) Component(s) at issue means the [insert description of the alleged defective component(s) of
The Product, e.g., "the steering mechanism"] alleged to be defective in this action. If The
Product has only one component, the component at issue is The Product. (Standard Product
Liability Definition (b).)
(c) Component substantially similar to the component(s) at issue means ...[insert fact-specific
description of "component substantially similar to the component(s) at issue"].
(d) Occurrence, unless otherwise indicated, means the accident or other event complained of in
the pleadings. (Standard Product Liability Definition (d).)
(e) Product information means an instruction or warning as to use or risks of a product.

(Standard Product Liability Definition (e).)
(f) Substantially similar product means ...[insert fact-specific definition of "substantially similar
product"].
(g) The Product means the particular [insert description of product, e.g., "XYZ Motors 1999
Dreammobile bearing Vehicle Identification Number ABCD1234EFG56"] alleged in the
pleadings to have been involved in the occurrence. (Standard Product Liability Definition (g).)
MARYLAND RULES
APPENDIX: FORMS
Form 10. Product liability interrogatories
Interrogatories For Use by Either Party
1. Identify the specific provision(s) of each governmental or industry regulation, standard,

guideline, recommendation, accepted practice, or custom that you contend was applicable to the
design, manufacture, performance, testing, certification, or safety of the component(s) at issue at
the time The Product left the manufacturer's control. (Standard Product Liability Interrogatory
No. 1.)
2. State whether The Product underwent any change in its condition between the time it left the
manufacturer's control and the time of the occurrence and, if so, describe each change in
condition. (Standard Product Liability Interrogatory No. 2.)
3. State whether The Product underwent any change in its condition between the time of the
occurrence and the present and, if so, describe each change in condition. (Standard Product
Liability Interrogatory No. 3.)
4. State whether, at any time after the occurrence, you or any person on your behalf examined
The Product or any of its components and, if so, describe the nature and results of each
examination, identify the person who performed it, and identify each document that refers to it.
(Standard Product Liability Interrogatory No. 4.)
5. State whether, at any time, you or any person on your behalf conducted any test, study, or
other analysis concerning possible safety or health hazards of The Product [or of any
substantially similar product] and, if so, describe the nature and results of each test, study, or
analysis, state when it was performed, identify each person who performed it, and identify each
document that refers to it. (Standard Product Liability Interrogatory No. 5.)
6. If you intend to use at trial a simulation (computer or actual), experiment, test, or analysis,
describe each simulation, experiment, test, or analysis, identify the person who created or
performed it or who intends to perform it, and identify each document that refers to it. (Standard
Product Liability Interrogatory No. 6.)
7. Identify each document that depicts or purports to depict the occurrence or scene of the
occurrence. (Standard Product Liability Interrogatory No. 7.)
8. Identify each document that depicts or purports to depict the condition of The Product or any
of its components at the time of or after the occurrence. (Standard Product Liability Interrogatory
No. 8.)
9. State the date, place, and circumstances under which you first became aware that exposure to
or use of The Product [or any substantially similar product] may be harmful or hazardous,
identify each source of information leading to your awareness, and identify the harm or hazards
of which you became aware. (Standard Product Liability Interrogatory No. 9.)
(10) Identify each person (other than your attorney or an expert retained in anticipation of
litigation or preparation for trial who is not expected to be called as a witness at trial) who has
made any written or oral report, memorandum, or statement to you or anyone acting on your
behalf regarding the cause of the occurrence, and identify each document that constitutes or
refers to each such report, memorandum, or statement. (Standard Product Liability Interrogatory
No. 10.)
Interrogatories To Defendant From Plaintiff
31. If you contend that any product information was or should have been provided with The
Product at the time of its sale or distribution to the end user, state the subject matter of the
product information, identify the person responsible for providing the product information, and
identify each document that constitutes or refers to the product information. (Standard Product
32. Identify and describe each study, experiment, test, or analysis, performed by you or on your
behalf, that mentions any adverse effects of the use of The Product [or any substantially similar
product]. (Standard Product Liability Interrogatory No. 32.)
33. State whether any product information concerning [insert a description of the particular use
or risk at issue in the case] was changed in any way with respect to The Product [or any
substantially similar product] during the period [date] through [date]. (Standard Product Liability
34. Identify each safety-related product information, sign, display, or other document furnished
by you to sellers for display in their sales facilities from [date] through [date] that concerned The
Product [or any substantially similar product]. (Standard Product Liability Interrogatory No. 34.)
35. Describe each change that was made to each item identified in your answer to the preceding
Interrogatory, state whether the change was furnished by you to sellers of The Product or their
customers, and state when the change was furnished to the sellers or their customers. (Standard
36. If at any time before the occurrence you or anyone on your behalf made any statement
regarding the safety of The Product [or any substantially similar product]:
(a) state the date, time, place, and substance of each statement, the circumstances or occasion
when the statement was made, and whether the statement was written or oral;
(b) identify each person making the statement;
(c) identify reach person to whom the statement was made; and,
(d) identify each document that constitutes or refers to the statement. (Standard Product Liability
37. If you contend that the plaintiff was given any written or oral product information
concerning The Product at any time before the occurrence, as to each product information:
(a) state the substance of the product information;
(b) state the date on which the plaintiff was given the product information;
(c) identify the person who gave the plaintiff the product information;
(d) describe the manner in which the product information was given to the plaintiff; and
(e) identify each document that constitutes or refers to the product information. (Standard
38. If you or anyone on your behalf provided to the plaintiff any technical literature, product
brochure, or promotional literature concerning The Product at any time before the occurrence:
(a) identify the literature or brochure;
(b) identify the person who provided the literature or brochure to the plaintiff; and
(c) state the date the literature or brochure was given to the plaintiff. (Standard Product Liability
39. If you are aware of any lawsuit or other claim based upon an allegation that a defect in a
component substantially similar to the component(s) at issue was a cause of any personal injury,
death, or property damage, as to each:
(a) state the date you became aware of the lawsuit or claim;
(b) state the date and location of the incident involved in the lawsuit or claim and describe the
[product(s)] and [component(s)] involved and the nature of the defect alleged;
(c) identify the person bringing the lawsuit or claim; and
(d) if a lawsuit, identify the court, case caption, and docket number. (Standard Product Liability
40. If there has been any federal or state governmental or industry investigation of the safety of
The Product or [any substantially similar product or] the component(s) at issue [or any
component substantially similar to the component(s) at issue]:
(a) state the date of the investigation;
(b) identify the governmental or industry entity that conducted the investigation;
(c) describe the nature and subject matter of the investigation;
(d) identify each person who responded on your behalf to the investigation; and,
(e) identify each document that refers to the investigation. (Standard Product Liability
41. If you or any agent or employee of yours expressly warranted or guaranteed The Product,
state the exact words of each warranty or guarantee, and when, where, and by what means the
warranty or guarantee was given. (Standard Product Liability Interrogatory No. 41.)
42. If you contend that you or any agent or employee of yours disclaimed any warranty or
guarantee of The Product, state the exact words of each disclaimer, whether you contend that the
person harmed by The Product was or should have been aware of the disclaimer, and when,
where, and by what means the disclaimer was made. (Standard Product Liability Interrogatory
No. 42.)
43. Explain the meaning of each code word, code number, or other symbol appearing on The
Product, including any that identifies the place of manufacture, the date of manufacture, the lot
or batch of which The Product was a part, or any test or examination of The Product. (Standard
44. If there was a change after the date of manufacture of The Product in the design of the
component(s) at issue [or component substantially similar to the component(s) at issue]:
(a) state the nature of the change;
(b) state the reason for the change;
(c) state the date of the change;
(d) identify each person who directed the change; and
(e) identify each document that implements the change. (Standard Product Liability
45. If there was a change after the date of manufacture of The Product in the manufacturing
process of the component(s) at issue [or component substantially similar to the component(s) at
issue]:
(a) state the nature of the change;
(b) state the reason for the change;
(c) state the date of the change;
(d) identify each person who directed the change; and
(e) identify each document that implements the change. (Standard Product Liability
46. Identify all persons who (a) were directly responsible for the design, testing, certification, or
safety of the component(s) at issue, (b) are most knowledgeable about the design, testing,
certification, or safety of the component(s) at issue, (c) manufactured the component(s) at issue,
or (d) assembled the component(s) at issue into The Product. As to each person, state the area of
that person's responsibility or knowledge (e.g., design, testing, certification, or safety). (Standard
Interrogatories to Plaintiff from Defendant
61. Name each component at issue and:
(a) state whether you contend that its alleged defect is one of design, manufacture, or a failure to
provide adequate product information;
(b) describe the specific nature of each alleged design, manufacturing, or product information
defect;
(c) state the facts that support your contention; and
(d) identify each person and document having or containing information that supports your
contention. (Standard Product Liability Interrogatory No. 61.)
62. With respect to each component at issue for which you contend there was a defect in design,
state the particulars of each alternative design that you contend could and should have been
employed and state the cost of the alternative design. (Standard Product Liability Interrogatory
No. 62.)
63. With respect to each component at issue for which you contend there was a defect in
manufacture, identify the applicable manufacturing specifications for the component at issue and
state how you contend it failed to meet the prescribed manufacturing specifications. (Standard
64. If you contend that this defendant failed to provide adequate product information for The
Product, state how the product information was inadequate and how you contend the defendant
could and should have made it adequate. (Standard Product Liability Interrogatory No. 64.)
65. State the facts that support your contention that The Product was defective and unreasonably
dangerous, state how long the alleged defective or unreasonably dangerous condition existed
before the occurrence, and identify each person and document having or containing information
that supports your contentions. (Standard Product Liability Interrogatory No. 65.)
66. Identify each person who you contend is responsible for causing the alleged defective or
unreasonably dangerous condition of The Product, and identify each person and document
having or containing information that supports your contention. (Standard Product Liability
67. State the facts that support your contention that The Product reached you without substantial
change in the condition in which it was manufactured, and identify each person and document
having or containing information that supports your contention. (Standard Product Liability
68. State the facts that support your contention that the alleged defect in The Product was a
proximate cause of the harm alleged in this action. (Standard Product Liability Interrogatory No.
68.)
69. If you contend that The Product was not properly installed before the occurrence, state the
facts that support your contention and identify each person and document having or containing
information that supports your contention. (Standard Product Liability Interrogatory No. 69.)
70. If you contend that this defendant before the occurrence had notice of any defect or
unreasonably dangerous condition of The Product, state the facts that support your contention
and identify each person and document having or containing information that supports your
contention. (Standard Product Liability Interrogatory No. 70.)
71. Describe each complaint about The Product, if any, made at any time by you or any other
person to this defendant, and identify each person and document having or containing
information about the complaint. (Standard Product Liability Interrogatory No. 71.)
72. Describe the negligent acts or omissions for which you contend that this defendant is
responsible with respect to The Product, state the facts that support your contention, state how
each negligent act or omission could and should have been avoided, and identify each person and
document having or containing information that supports your contention. (Standard Product
73. If you contend that this defendant violated any statute, regulation, ordinance, standard, or
guideline with respect to the manufacture or design of The Product or with respect its product
information, for each statute, regulation, ordinance, standard, or guideline provide:
(a) the name of the publication in which it appears;
(b) the volume and page number of the publication in which it appears;
(c) the specific provision that you contend was violated; and
(d) its promulgation date and effective date. (Standard Product Liability Interrogatory No. 73.)
74. If you contend that the violation of any statute, regulation, ordinance, standard, or guideline
set forth in your answer to the preceding Interrogatory proximately caused any harm alleged in
this action, state the facts that support your contention. (Standard Product Liability Interrogatory
No. 74.)
75. If you contend that this defendant had a duty to test but failed to test The Product, state the
facts that support your contention and identify each person and document having or containing
information that supports your contention. (Standard Product Liability Interrogatory No. 75.)
76. Identify the person who sold The Product to the person who owned The Product at the time
of the occurrence, and state the sales price, the date of sale, and whether The Product was sold in
a "new" or "used" condition. If The Product was sold in a "used" condition, identify each person
who owned The Product at any time from the date of its manufacture to the present and state
when the person owned it. (Standard Product Liability Interrogatory No. 76.)
77. Identify each person who has or had custody of The Product or any component at issue from
the date of the occurrence to the present. For each person identified, state the time during which
that person had custody and the exact location, including any street address, at which The
Product or component at issue was kept. (Standard Product Liability Interrogatory No. 77.)
78. If you have knowledge of any maintenance or repair that was contemplated, recommended,
or conducted, or should have been conducted, on The Product before the occurrence, state the
knowledge you have concerning any such maintenance or repair and identify each person and
document having or containing any information concerning the maintenance or repair. (Standard
79. If you have knowledge of any photograph, video, motion picture, drawing, model, or other
image made of The Product or any component at issue at any time, describe the medium on
which the image is recorded, identify each person who participated in that process, state the date
when the image was made, and identify the person who has present custody of the image.
(Standard Product Liability Interrogatory No. 79.)
MARYLAND RULES
APPENDIX: FORMS
Form 11. Medical Malpractice Definitions
Definitions
(a) Defendant includes the agents, servants, and employees of the defendant. (Standard Medical
Malpractice Definition (a).)
(b) Patient means the individual, whether alive or dead, whose medical care is the subject of this
action. (Standard Medical Malpractice Definition (b).)

MARYLAND RULES
APPENDIX: FORMS
Form 12. Medical Malpractice Interrogatories
Interrogatories for Use by Either Party
1. If you intend to rely upon or use in direct examination any medical article, treatise, or other
publication, identify the document and state:
(a) the title of the publication, journal, magazine, or treatise in which each document was
published,
(b) the name and address of the publisher,
(c) the date of publication, and
(d) the volume and page or section referenced. (Standard Medical Malpractice Interrogatory No.
1.)
Interrogatories to Defendant from Plaintiff
31. Describe the nature and duration of the professional or business relationship between you
and any other Defendant. (Standard Medical Malpractice Interrogatory No. 31.)
32. State your professional medical training, qualifications and experience, including:
(a) each university or college you attended, each degree awarded to you, and the date of each
award;
(b) each hospital with which you have been affiliated at any time up to the present, and the
nature and inclusive dates of each affiliation.
(c) each medical society or association of which you have ever been a member, and the inclusive
dates of your membership;
(d) each specialty or subspecialty for which you have been certified by an American speciality
or subspecialty board, and the date of each certification; and
(e) a bibliography of all your publications, including titles, dates and publishers. (Standard
Medical Malpractice Interrogatory No. 32.)
33. List, by date and time of day, each occasion on which you saw the Patient, and as to each
occasion, describe in detail:
(a) nature and scope of your examination of the Patient;
(b) the nature and scope of any conversation you had with the Patient or with anyone who
accompanied the Patient;
(c) what you observed or were told about the Patient's condition; and
(d) the treatment you provided or ordered to be provided for the Patient. (Standard Medical
Malpractice Interrogatory No. 33.)
34. Describe in detail and chronological order each test, procedure, or other treatment performed
or ordered as part of your care of the Patient, and for each:
(a) identify all persons present during the test, procedure, or treatment and state the person's
professional relationship to you, if any; and
(b) state the reasons for, and result of, the test, procedure, or treatment. (Standard Medical
Malpractice Interrogatory No. 34.)
35. For each conversation you had with any other physician or medical professional relating in
any way to the care and treatment of the Patient, state the substance, date, time, and place of the
conversation, and identify all persons involved. (Standard Medical Malpractice Interrogatory No.
35.)
36. Identify, in chronological order, each writing or dictation known to you and prepared by
anyone concerning the treatment of the Patient and made since you first undertook care of the
Patient, and set forth as to each:
(a) the date on which the writing or dictation was made;
(b) the identity of the person who made it;
(c) the meanings, in both lay and medical terms, of all abbreviations and symbols used in it; and
(d) attach a copy or transcription of it to your answers to these interrogatories. (Standard

37. Summarize in detail each conversation that you had with the Patient or with any Plaintiff
about any aspect of the Patient's diagnosis, treatment, care or medical condition, and state the
date and place of each such conversation. (Standard Medical Malpractice Interrogatory No. 37.)
38. If you gave any advice, instruction, or warning that the Patient did not follow, state:
(a) the advice, instruction, or warning that was given;

(b) the identity of all persons to whom you gave the advice, instruction, or warning;
(c) when and where the advice, instruction, or warning was given; and
(d) all reasons given, if any, for not following the advice, instruction or warning. (Standard
39. If you contend that, by any act or omission occurring at any time during or following the
Patient's care and treatment, the Patient caused or contributed to the Patient's injury or death,
state the facts that support your contention. (Standard Medical Malpractice Interrogatory No.
39.)
40. State your contention as to each cause of the Patient's death or injury that is alleged in the
complaint and, as to each cause:
(a) state the facts upon which you rely;
(b) identify each document containing information that supports your contention;
(c) Identify each person who you contend is responsible, in whole or in part, for the Patient's
death or injury that is alleged in the complaint and your reasons for contending that the person is
responsible; and
(d) state the professional relationship to you, if any, of each person named in your response to
this Interrogatory. (Standard Medical Malpractice Interrogatory No. 40.)
41. List by author, title, publisher or publication, any texts, treaties, articles or other works
which, at the time the Patient was under your care, you regarded as reliable authority with
respect to the care that you rendered to the Patient. (Standard Medical Malpractice Interrogatory
No. 41.)
42. Identify each instance in which you have been named a defendant, or have testified as an
expert witness, in any other claim or suit for personal injury, negligence, or medical malpractice,
including in your answer to this Interrogatory:
(a) the identity of the person or organization who brought each claim or suit;
(b) the date of the filing of each claim or suit;
(c) the identifying number of each claim or suit;
(d) the date, place, and nature of the occurrence from which the claim or suit arose; and
(e) the final disposition of each claim or suit. (Standard Medical Malpractice Interrogatory No.
42.)
43. Identify each person that undertook an investigation of the events surrounding the Patient's
death, and for each also state:
(a) the person's title or position;
(b) the date(s) upon which the person conducted the investigation;
(c) the identity of each person contacted or to whom the investigator spoke regarding the events
giving rise to this action;
(d) any remedial or corrective action taken as a result of the investigation; and
(e) whether there is a written report or other document containing the results of the investigation.
(Standard Medical Malpractice Interrogatory No. 43.)
Interrogatories to Plaintiff from Defendant
61. State chronologically and in detail:
(a) the cause and origin of the injuries alleged in the complaint;
(b) if you contend the injuries changed or worsened over time, state how and when;
(c) the course of the treatment provided by each defendant;
(d) each procedure that was performed by each defendant;
(e) the substance of your conversations with each defendant prior to and after each procedure or
other treatment, including how the proposed procedure or treatment was described to you; and
(f) the extent of your knowledge of, and consent to, each procedure or other treatment. Identify
all sources of information about the procedure or other treatment that you consulted before it was
performed or rendered, including any sources on the Internet. (Standard Medical Malpractice
62. With respect to defendant [insert name], describe in detail each act or omission that you
contend constitutes a breach of the applicable standard of professional care for the Patient or that
otherwise forms a basis for your claim against the defendant, and for each such act or omission:
(a) explain how you contend it caused or contributed to the Patient's injuries or death alleged in
the Complaint; and
(b) identify each person and document having or containing information that supports your
contention. (Standard Medical Malpractice Interrogatory No. 62.)
63. If you contend that any portion of any medical record, chart, or report is inaccurate, false, or
altered:
(a) identify each document and each part of it that you contend is inaccurate, false, or altered,
and
(b) as to each contention, state the factual basis for it. (Standard Medical Malpractice
64. State the substance of all written and oral advice, instructions, and warnings you received
from defendant [insert name] before and after each procedure or other treatment, and attach a
copy of each written advice, instruction, or warning. If you no longer have the document,
summarize your recollection of its substance. (Standard Medical Malpractice Interrogatory No.
64.)
MARYLAND RULES
APPENDIX: THE MARYLAND LAWYERS' RULES OF PROFESSIONAL CONDUCT
Md. Lawyer's R. Prof'l Conduct Preamble (2012)
Preamble: A lawyer's responsibilities
[1] A lawyer, as a member of the legal profession, is a representative of clients, an officer of

the legal system and a public citizen having special responsibility for the quality of justice.
[2] As a representative of clients, a lawyer performs various functions. As advisor, a lawyer

provides a client with an informed understanding of the client's legal rights and obligations and
explains their practical implications. As advocate, a lawyer zealously asserts the client's position
under the rules of the adversary system. As negotiator, a lawyer seeks a result advantageous to
the client but consistent with requirements of honest dealing with others. As evaluator, a lawyer
acts by examining a client's legal affairs and reporting about them to the client or to others.
[3] In addition to these representational functions, a lawyer may serve as a third-party neutral, a
nonrepresentational role helping the parties to resolve a dispute or other matter. Some of these
Rules apply directly to lawyers who are or have served as third-party neutrals. See, e.g., Rules
1.12 and 2.4. In addition, there are Rules that apply to lawyers who are not active in the practice
of law or to practicing lawyers even when they are acting in a nonprofessional capacity. For
example, a lawyer who commits fraud in the conduct of a business is subject to discipline for
engaging in conduct involving dishonesty, fraud, deceit or misrepresentation. See Rule 8.4.
[4] In all professional functions a lawyer should be competent, prompt and diligent. A lawyer
should maintain communication with a client concerning the representation. A lawyer should
keep in confidence information relating to representation of a client except so far as disclosure is
required or permitted by the Maryland Lawyers' Rules of Professional Conduct or other law.
[5] A lawyer's conduct should conform to the requirements of the law, both in professional
service to clients and in the lawyer's business and personal affairs. A lawyer should use the law's
procedures only for legitimate purposes and not to harass or intimidate others. A lawyer should
demonstrate respect for the legal system and for those who serve it, including judges, other
lawyers and public officials. While it is a lawyer's duty, when necessary, to challenge the
rectitude of official action, it is also a lawyer's duty to uphold legal process.
[6] As a public citizen, a lawyer should seek improvement of the law, access to the legal system,
the administration of justice and the quality of service rendered by the legal profession. As a
member of a learned profession, a lawyer should cultivate knowledge of the law beyond its use
for clients, employ that knowledge in reform of the law and work to strengthen legal education.
In addition, a lawyer should further the public's understanding of and confidence in the rule of
law and the justice system because legal institutions in a constitutional democracy depend on
popular participation and support to maintain their authority. A lawyer should be mindful of
deficiencies in the administration of justice and of the fact that the poor, and sometimes persons
who are not poor, cannot afford adequate legal assistance. Therefore, all lawyers should devote
professional time and resources and use civic influence to ensure equal access to our system of
justice for all those who because of economic or social barriers cannot afford or secure adequate
legal counsel. A lawyer should aid the legal profession in pursuing these objectives and should
help the bar regulate itself in the public interest.
[7] Many of a lawyer's professional responsibilities are prescribed in the Maryland Lawyers'
Rules of Professional Conduct, as well as substantive and procedural law. However, a lawyer is
also guided by personal conscience and the approbation of professional peers. A lawyer should
strive to attain the highest level of skill, to improve the law and the legal profession and to
exemplify the legal profession's ideals of public service.
[8] A lawyer's responsibilities as a representative of clients, an officer of the legal system and a
public citizen are usually harmonious. Thus, when an opposing party is well represented, a
lawyer can be a zealous advocate on behalf of a client and at the same time assume that justice is
being done. So also, a lawyer can be sure that preserving client confidences ordinarily serves the
public interest because people are more likely to seek legal advice, and thereby heed their legal
obligations, when they know their communications will be private.
[9] In the nature of law practice, however, conflicting responsibilities are encountered. Virtually
all difficult ethical problems arise from conflict between a lawyer's responsibilities to clients, to
the legal system and to the lawyer's own interest in remaining an ethical person while earning a
satisfactory living. The Maryland Lawyers' Rules of Professional Conduct often prescribe terms
for resolving such conflicts. Within the framework of these Rules, however, many difficult issues
of professional discretion can arise. Such issues must be resolved through the exercise of
sensitive professional and moral judgment guided by the basic principles underlying the Rules.
These principles include the lawyer's obligation zealously to protect and pursue a client's
legitimate interests, within the bounds of the law, while maintaining a professional, courteous
and civil attitude toward all persons involved in the legal system.
[10] The legal profession is largely self-governing. Although other professions also have been
granted powers of self-government, the legal profession is unique in this respect because of the
close relationship between the profession and the processes of government and law enforcement.
This connection is manifested in the fact that ultimate authority over the legal profession is
vested largely in the courts.
[11] To the extent that lawyers meet the obligations of their professional calling, the occasion for
government regulation is obviated. Self-regulation also helps maintain the legal profession's
independence from government domination. An independent legal profession is an important
force in preserving government under law, for abuse of legal authority is more readily challenged
by a profession whose members are not dependent on government for the right to practice.
[12] The legal profession's relative autonomy carries with it special responsibilities of self-
government. The profession has a responsibility to assure that its regulations are conceived in the
public interest and not in furtherance of parochial or self-interested concerns of the bar. Every
lawyer is responsible for observance of the Maryland Lawyers' Rules of Professional Conduct. A
lawyer should also aid in securing their observance by other lawyers. Neglect of these
responsibilities compromises the independence of the profession and the public interest which it
serves.
[13] Lawyers play a vital role in the preservation of society. The fulfillment of this role requires
an understanding by lawyers of their relationship to our legal system. The Maryland Lawyers'
Rules of Professional Conduct, when properly applied, serve to define that relationship.
MARYLAND RULES
Md. Lawyer's R. Prof'l Conduct Scope (2012)
Scope
[14] The Maryland Lawyers' Rules of Professional Conduct are rules of reason. They should
be interpreted with reference to the purposes of legal representation and of the law itself. Some
of the Rules are imperatives, cast in the terms "shall" or "shall not." These define proper conduct
for purposes of professional discipline. Others, generally cast in the term "may," are permissive
and define areas under the Rules in which the lawyer has discretion to exercise professional
judgment. No disciplinary action should be taken when the lawyer chooses not to act or acts
within the bounds of such discretion. Other Rules define the nature of relationships between the
lawyer and others. The Rules are thus partly obligatory and disciplinary and partly constitutive
and descriptive in that they define a lawyer's professional role. Many of the Comments use the
term "should." Comments do not add obligations to the Rules but provide guidance for practicing
in compliance with the Rules.
[15] The Rules presuppose a larger legal context shaping the lawyer's role. That context includes
court rules and statutes relating to matters of licensure, laws defining specific obligations of
lawyers and substantive and procedural law in general. The Comments are sometimes used to
alert lawyers to their responsibilities under such other law.
[16] Compliance with the Rules, as with all law in an open society, depends primarily upon
understanding and voluntary compliance, secondarily upon reinforcement by peer and public
opinion and finally, when necessary, upon enforcement through disciplinary proceedings. The
Rules do not, however, exhaust the moral and ethical considerations that should inform a lawyer,
for no worthwhile human activity can be completely defined by legal rules. The Rules simply
provide a framework for the ethical practice of law.
[17] Furthermore, for purposes of determining the lawyer's authority and responsibility,
principles of substantive law external to these Rules determine whether a client-lawyer
relationship exists. Most of the duties flowing from the client-lawyer relationship attach only
after the client has requested the lawyer to render legal services and the lawyer has agreed to do
so. But there are some duties, such as that of confidentiality under Rule 1.6, that attach when the
lawyer agrees to consider whether a client-lawyer relationship shall be established. See Rule
1.18. Whether a client-lawyer relationship exists for any specific purpose can depend on the
circumstances and may be a question of fact.
[18] Under various legal provisions, including constitutional, statutory and common law, the
responsibilities of government lawyers may include authority concerning legal matters that
ordinarily reposes in the client in private client-lawyer relationships. For example, a lawyer for a
government agency may have authority on behalf of the government to decide upon settlement or
whether to appeal from an adverse judgment. Such authority in various respects is generally
vested in the attorney general and the state's attorney in state government, and their federal
counterparts, and the same may be true of other government law officers. Also, lawyers under
the supervision of these officers may be authorized to represent several government agencies in
intra-governmental legal controversies in circumstances where a private lawyer could not
represent multiple private clients. These Rules do not abrogate any such authority.
[19] Failure to comply with an obligation or prohibition imposed by a Rule is a basis for
invoking the disciplinary process. The Rules presuppose that disciplinary assessment of a
lawyer's conduct will be made on the basis of the facts and circumstances as they existed at the
time of the conduct in question and in recognition of the fact that a lawyer often has to act upon
uncertain or incomplete evidence of the situation. Moreover, the Rules presuppose that whether
or not discipline should be imposed for a violation, and the severity of a sanction, depend on all
the circumstances, such as the willfulness and seriousness of the violation, extenuating factors
and whether there have been previous violations.
[20] Violation of a Rule does not itself give rise to a cause of action against a lawyer nor does it
create any presumption that a legal duty has been breached. In addition, violation of a Rule does
not necessarily warrant any other non-disciplinary remedy, such as disqualification of a lawyer in
pending litigation. The Rules are designed to provide guidance to lawyers and to provide a
structure for regulating conduct through disciplinary agencies. They are not designed to be a
basis for civil liability. Furthermore, the purpose of the Rules can be subverted when they are
invoked by opposing parties as procedural weapons. The fact that a Rule is a just basis for a
lawyer's self-assessment, or for sanctioning a lawyer under the administration of a disciplinary
authority, does not imply that an antagonist in a collateral proceeding or transaction has standing
to seek enforcement of the Rule. Nevertheless, in some circumstances, a lawyer's violation of a
Rule may be evidence of breach of the applicable standard of conduct. Nothing in this Preamble
and Scope is intended to detract from the holdings of the Court of Appeals in Post v. Bregman,
349 Md. 142 (1998) and Son v. Margolius, Mallios, Davis, Rider & Tomar, 349 Md. 441 (1998).
[21] The Comment accompanying each Rule explains and illustrates the meaning and purpose of
the Rule. The Preamble and this note on Scope provide general orientation. The Comments are
intended as guides to interpretation, but the text of each Rule is authoritative.
MARYLAND RULES
Md. Lawyer's R. Prof'l Conduct 1.0 (2012)
Rule 1.0. Terminology
(a) "Belief" or "believes" denotes that the person involved actually supposed the fact in
question to be true. A person's belief may be inferred from circumstances.
(b) "Confirmed in writing," when used in reference to the informed consent of a person, denotes
informed consent that is given in writing by the person or a writing that a lawyer promptly
transmits to the person confirming an oral informed consent. See paragraph (f) for the definition
of "informed consent." If it is not feasible to obtain or transmit the writing at the time the person
gives informed consent, then the lawyer must obtain or transmit it within a reasonable time
thereafter.
(c) "Consult" or "consultation" denotes communication of information reasonably sufficient to

permit the client to appreciate the significance of the matter in question.
(d) "Firm" or "law firm" denotes:
(1) an association of a lawyer or lawyers in a law partnership, professional corporation, sole

proprietorship or other association formed for the practice of law; or
(2) a legal services organization or the legal department of a corporation, government or other
organization.
(e) "Fraud" or "fraudulent" denotes conduct that is fraudulent under the substantive or
procedural law of the applicable jurisdiction and has a purpose to deceive.
(f) "Informed consent" denotes the agreement by a person to a proposed course of conduct after
the lawyer has communicated adequate information and explanation about the material risks of
and reasonably available alternatives to the proposed course of conduct.
(g) "Knowingly," "known," or "knows" denotes actual knowledge of the fact in question. A
person's knowledge may be inferred from circumstances.
(h) "Law firm." See Rule 1.0(d).
(i) "Partner" denotes a member of a partnership, a shareholder in a law firm organized as a

professional corporation, or a member of an association authorized to practice law.
(j) "Reasonable" or "reasonably" when used in relation to conduct by a lawyer denotes the
conduct of a reasonably prudent and competent lawyer.
(k) "Reasonable belief" or "reasonably believes" when used in reference to a lawyer denotes that
the lawyer believes the matter in question and that the circumstances are such that the belief is
reasonable.
(l) "Reasonably should know" when used in reference to a lawyer denotes that a lawyer of
reasonable prudence and competence would ascertain the matter in question.
(m) "Screened" denotes the isolation of a lawyer from any participation in a matter through the
timely imposition of procedures within a firm that are reasonably adequate under the
circumstances to protect information that the isolated lawyer is obligated to protect under these
Rules or other law.
(n) "Substantial" when used in reference to degree or extent denotes a material matter of clear
and weighty importance.
(o) "Tribunal" denotes a court, an arbitrator in a binding arbitration proceeding or a legislative

body, administrative agency or other body acting in an adjudicative capacity. A legislative body,
administrative agency or other body acts in an adjudicative capacity when a neutral official, after
the presentation of evidence or legal argument by a party or parties, will render a binding legal
decision directly affecting a party's interests in a particular matter.
(p) "Writing" or "written" denotes a tangible or electronic record of a communication or

representation, including handwriting, typewriting, printing, photostating, photography, audio or
video-recording and e-mail. A "signed" writing includes an electronic sound, symbol or process
attached to or logically associated with a writing and executed or adopted by a person with the
intent to sign the writing.
MARYLAND RULES
CLIENT-LAWYER RELATIONSHIP
Rule 1.1. Competence

A lawyer shall provide competent representation to a client. Competent representation requires
the legal knowledge, skill, thoroughness and preparation reasonably necessary for the
representation.
MARYLAND RULES
Rule 1.2. Scope of Representation and Allocation of Authority Between Client and Lawyer.
(a) Subject to paragraphs (c) and (d), a lawyer shall abide by a client's decisions concerning
the objectives of the representation and, when appropriate, shall consult with the client as to the
means by which they are to be pursued. A lawyer may take such action on behalf of the client as
is impliedly authorized to carry out the representation. A lawyer shall abide by a client's decision
whether to settle a matter. In a criminal case, the lawyer shall abide by the client's decision, after
consultation with the lawyer, as to a plea to be entered, whether to waive jury trial and whether
the client will testify.
(b) A lawyer's representation of a client, including representation by appointment, does not

constitute an endorsement of the client's political, economic, social or moral views or activities.
(c) A lawyer may limit the scope of the representation if the limitation is reasonable under the
circumstances and the client gives informed consent.
(d) A lawyer shall not counsel a client to engage, or assist a client, in conduct that the lawyer
knows is criminal or fraudulent, but a lawyer may discuss the legal consequences of any
proposed course of conduct with a client and may counsel or assist a client to make a good faith
effort to determine the validity, scope, meaning or application of the law.
MARYLAND RULES
Rule 1.3. Diligence
A lawyer shall act with reasonable diligence and promptness in representing a client.
MARYLAND RULES

Rule 1.4. Communication
(a) A lawyer shall:
(1) promptly inform the client of any decision or circumstance with respect to which the client's
informed consent, as defined in Rule 1.0(f), is required by these Rules;
(2) keep the client reasonably informed about the status of the matter;
(3) promptly comply with reasonable requests for information; and
(4) consult with the client about any relevant limitation on the lawyer's conduct when the lawyer
knows that the client expects assistance not permitted by the Maryland Lawyers' Rules of
Professional Conduct or other law.
(b) A lawyer shall explain a matter to the extent reasonably necessary to permit the client to
make informed decisions regarding the representation.
MARYLAND RULES
Rule 1.5. Fees
(a) A lawyer shall not make an agreement for, charge, or collect an unreasonable fee or an
unreasonable amount for expenses. The factors to be considered in determining the
reasonableness of a fee include the following:
(1) the time and labor required, the novelty and difficulty of the questions involved, and the skill
requisite to perform the legal service properly;
(2) the likelihood, if apparent to the client, that the acceptance of the particular employment will
preclude other employment of the lawyer;
(3) the fee customarily charged in the locality for similar legal services;
(4) the amount involved and the results obtained;
(5) the time limitations imposed by the client or by the circumstances;
(6) the nature and length of the professional relationship with the client;
(7) the experience, reputation, and ability of the lawyer or lawyers performing the services; and
(8) whether the fee is fixed or contingent.
(b) The scope of the representation and the basis or rate of the fee and expenses for which the
client will be responsible shall be communicated to the client, preferably in writing, before or
within a reasonable time after commencing the representation, except when the lawyer will
charge a regularly represented client on the same basis or rate. Any changes in the basis or rate
of the fee or expenses shall also be communicated to the client.
(c) A fee may be contingent on the outcome of the matter for which the service is rendered,
except in a matter in which a contingent fee is prohibited by paragraph (d) or other law. A
contingent fee agreement shall be in a writing signed by the client and shall state the method by
which the fee is to be determined, including the percentage or percentages that shall accrue to the
lawyer in the event of settlement, trial or appeal; litigation and other expenses to be deducted
from the recovery; and whether such expenses are to be deducted before or after the contingent
fee is calculated. The agreement must clearly notify the client of any expenses for which the
client will be responsible whether or not the client is the prevailing party. Upon conclusion of a
contingent fee matter, the lawyer shall provide the client with a written statement stating the
outcome of the matter, and, if there is a recovery, showing the remittance to the client and the
method of its determination.
(d) A lawyer shall not enter into an arrangement for, charge, or collect:
(1) any fee in a domestic relations matter, the payment or amount of which is contingent upon
the securing of a divorce or custody of a child or upon the amount of alimony or support or
property settlement, or upon the amount of an award pursuant to Md. Code, Family Law Article,
8-201 through 213; or
(2) a contingent fee for representing a defendant in a criminal case.
(e) A division of a fee between lawyers who are not in the same firm may be made only if:
(1) the division is in proportion to the services performed by each lawyer or each lawyer
assumes joint responsibility for the representation;
(2) the client agrees to the joint representation and the agreement is confirmed in writing; and
(3) the total fee is reasonable.
MARYLAND RULES
Rule 1.6. Confidentiality of Information.
(a) A lawyer shall not reveal information relating to representation of a client unless the client
gives informed consent, the disclosure is impliedly authorized in order to carry out the
representation, or the disclosure is permitted by paragraph (b).
(b) A lawyer may reveal information relating to the representation of a client to the extent the
lawyer reasonably believes necessary:
(1) to prevent reasonably certain death or substantial bodily harm;
(2) to prevent the client from committing a crime or fraud that is reasonably certain to result in
substantial injury to the financial interests or property of another and in furtherance of which the
client has used or is using the lawyer's services;
(3) to prevent, mitigate, or rectify substantial injury to the financial interests or property of
another that is reasonably certain to result or has resulted from the client's commission of a crime
or fraud in furtherance of which the client has used the lawyer's services;
(4) to secure legal advice about the lawyer's compliance with these Rules, a court order or other
law;
(5) to establish a claim or defense on behalf of the lawyer in a controversy between the lawyer
and the client, to establish a defense to a criminal charge, civil claim, or disciplinary complaint
against the lawyer based upon conduct in which the client was involved or to respond to
allegations in any proceeding concerning the lawyer's representation of the client; or
(6) to comply with these Rules, a court order or other law.

MARYLAND RULES
Rule 1.7. Conflict of Interest: General Rule
(a) Except as provided in paragraph (b), a lawyer shall not represent a client if the
representation involves a conflict of interest. A conflict of interest exists if:
(1) the representation of one client will be directly adverse to another client; or
(2) there is a significant risk that the representation of one or more clients will be materially
limited by the lawyer's responsibilities to another client, a former client or a third person or by a
personal interest of the lawyer.
(b) Notwithstanding the existence of a conflict of interest under paragraph (a), a lawyer may
represent a client if:
(1) the lawyer reasonably believes that the lawyer will be able to provide competent and diligent
representation to each affected client;
(2) the representation is not prohibited by law;
(3) the representation does not involve the assertion of a claim by one client against another
client represented by the lawyer in the same litigation or other proceeding before a tribunal; and
(4) each affected client gives informed consent, confirmed in writing.
MARYLAND RULES
Rule 1.8. Conflict of Interest: Current Clients: Specific Rules.
(a) A lawyer shall not enter into a business transaction with a client unless:
(1) the transaction and terms on which the lawyer acquires the interest are fair and reasonable to
the client and are fully disclosed and transmitted in writing in a manner that can be reasonably
understood by the client;
(2) the client is advised in writing of the desirability of seeking and is given a reasonable
opportunity to seek the advice of independent legal counsel on the transaction; and
(3) the client gives informed consent, in a writing signed by the client, to the essential terms of
the transaction and the lawyer's role in the transaction, including whether the lawyer is
representing the client in the transaction.
(b) A lawyer shall not use information relating to representation of a client to the disadvantage
of the client unless the client gives informed consent, except as permitted or required by these
Rules.
(c) A lawyer shall not solicit any substantial gift from a client, including a testamentary gift, or
prepare on behalf of a client an instrument giving the lawyer or a person related to the lawyer
any substantial gift unless the lawyer or other recipient of the gift is related to the client. For
purposes of this paragraph, related persons include a spouse, child, grandchild, parent,
grandparent or other relative or individual with whom the lawyer or the client maintains a close,
familial relationship.
(d) Prior to the conclusion of representation of a client, a lawyer shall not make or negotiate an
agreement giving the lawyer literary or media rights to a portrayal or account based in substantial
part on information relating to the representation.
(e) A lawyer shall not provide financial assistance to a client in connection with pending or
contemplated litigation, except that:
(1) a lawyer may advance court costs and expenses of litigation, the repayment of which may be
contingent on the outcome of the matter; and
(2) a lawyer representing an indigent client may pay court costs and expenses of litigation on
behalf of the client.
(f) A lawyer shall not accept compensation for representing a client from one other than the
client unless:
(1) the client gives informed consent;
(2) there is no interference with the lawyer's independence of professional judgment or with the
client-lawyer relationship; and
(3) information relating to representation of a client is protected as required by Rule 1.6.
(g) A lawyer who represents two or more clients shall not participate in making an aggregate
settlement of the claims of or against the clients, or in a criminal case an aggregated agreement
as to guilty or nolo contendere pleas, unless each client gives informed consent, in a writing
signed by the client or confirmed on the record before a tribunal. The lawyer's disclosure shall
include the existence and nature of all the claims or pleas involved and of the participation of
each person in the settlement.
(h) A lawyer shall not:
(1) make an agreement prospectively limiting the lawyer's liability to a client for malpractice
unless the client is independently represented in making the agreement; or
(2) settle a claim or potential claim for such liability with an unrepresented client or former
client unless that person is advised in writing of the desirability of seeking and is given a
reasonable opportunity to seek the advice of independent legal counsel in connection therewith.
(i) A lawyer shall not acquire a proprietary interest in the cause of action or subject matter of
litigation the lawyer is conducting for a client, except that the lawyer may:
(1) acquire a lien authorized by law to secure the lawyer's fee or expenses; and
(2) subject to Rule 1.5, contract with a client for a reasonable contingent fee in a civil case.
(j) While lawyers are associated in a firm, a prohibition in the foregoing paragraphs (a) through
(i) that applies to any one of them shall apply to all of them.
MARYLAND RULES
Rule 1.9. Duties to Former Clients.
(a) A lawyer who has formerly represented a client in a matter shall not thereafter represent
another person in the same or a substantially related matter in which that person's interests are
materially adverse to the interests of the former client unless the former client gives informed
consent, confirmed in writing.
(b) A lawyer shall not knowingly represent a person in the same or a substantially related matter
in which a firm with which the lawyer formerly was associated had previously represented a
client
(1) whose interests are materially adverse to that person; and
(2) about whom the lawyer had acquired information protected by Rules 1.6 and 1.9(c) that is
material to the matter; unless the former client gives informed consent, confirmed in writing.
(c) A lawyer who has formerly represented a client in a matter or whose present or former firm
has formerly represented a client in a matter shall not thereafter:
(1) use information relating to the representation to the disadvantage of the former client except
as these Rules would permit or require with respect to a client, or when the information has
become generally known; or
(2) reveal information relating to the representation except as these Rules would permit or
require with respect to a client.
MARYLAND RULES
Rule 1.10. Imputation of Conflicts of Interest: General Rule.
(a) While lawyers are associated in a firm, none of them shall knowingly represent a client
when any one of them practicing alone would be prohibited from doing so by Rules 1.7 or 1.9,
unless the prohibition is based on a personal interest of the prohibited lawyer and does not
present a significant risk of materially limiting the representation of the client by the remaining
lawyers in the firm.
(b) When a lawyer has terminated an association with a firm, the firm is not prohibited from
thereafter representing a person with interests materially adverse to those of a client represented
by the formerly associated lawyer and not currently represented by the firm, unless:
(1) the matter is the same or substantially related to that in which the formerly associated lawyer
represented the client; and
(2) any lawyer remaining in the firm has information protected by Rules 1.6 and 1.9(c) that is
material to the matter.
(c) When a lawyer becomes associated with a firm, no lawyer associated in the firm shall
knowingly represent a person in a matter in which the newly associated lawyer is disqualified
under Rule 1.9 unless the personally disqualified lawyer is timely screened from any
participation in the matter and is apportioned no part of the fee therefrom.
(d) A disqualification prescribed by this rule may be waived by the affected client under the
conditions stated in Rule 1.7.
(e) The disqualification of lawyers associated in a firm with former or current government
lawyers is governed by Rule 1.11.
MARYLAND RULES
Rule 1.11. Special Conflicts of Interest for Former and Current Government Officers and
Employees.
(a) Except as law may otherwise expressly permit, a lawyer who has formerly served as a
public officer or employee of the government:
(1) is subject to Rule 1.9(c); and
(2) shall not otherwise represent a client in connection with a matter in which the lawyer
participated personally and substantially as a public officer or employee, unless the appropriate
government agency gives its informed consent, confirmed in writing, to the representation.
(b) When a lawyer is disqualified from representation under paragraph (a), no lawyer in a firm
with which that lawyer is associated may knowingly undertake or continue representation in such
a matter unless:
(1) the disqualified lawyer is timely screened from any participation in the matter and is
apportioned no part of the fee therefrom; and
(2) written notice is promptly given to the appropriate government agency to enable it to
ascertain compliance with the provisions of this Rule.
(c) Except as law may otherwise expressly permit, a lawyer having information that the lawyer
knows is confidential government information about a person acquired when the lawyer was a
public officer or employee, may not represent a private client whose interests are adverse to that
person in a matter in which the information could be used to the material disadvantage of that
person. As used in this Rule, the term "confidential government information" means information
that has been obtained under governmental authority and which, at the time this Rule is applied,
the government is prohibited by law from disclosing to the public or has a legal privilege not to
disclose and which is not otherwise available to the public. A firm with which that lawyer is
associated may undertake or continue representation in the matter only if the disqualified lawyer
is timely screened from any participation in the matter and is apportioned no part of the fee
therefrom.
(d) Except as law may otherwise expressly permit, a lawyer currently serving as a public officer
or employee:
(1) is subject to Rules 1.7 and 1.9; and
(2) shall not:
(i) participate in a matter in which the lawyer participated personally and substantially while in
private practice or non-governmental employment, unless the appropriate government agency
gives its informed consent, confirmed in writing; or
(ii) negotiate for private employment with any person who is involved as a party or as lawyer for
a party in a matter in which the lawyer is participating personally and substantially, except that a
lawyer serving as a law clerk to a judge, other adjudicative officer or arbitrator may negotiate for
private employment as permitted by Rule 1.12(b) and subject to the conditions stated in Rule
1.12(b).
(e) As used in this Rule, the term "matter" includes:
(1) any judicial or other proceeding, application, request for a ruling or other determination,
contract, claim, controversy, investigation, charge, accusation, arrest or other particular matter
involving a specific party or parties, and
(2) any other matter covered by the conflict of interest rules of the appropriate government
agency.
MARYLAND RULES

Rule 1.12. Former Judge, Arbitrator, Mediator or Other Third-Party Neutral.
(a) Except as stated in paragraph (d), a lawyer shall not represent anyone in connection with a
matter in which the lawyer participated personally and substantially as a judge or other
adjudicative officer or law clerk to such a person or as an arbitrator, mediator or other third-party
neutral, unless all parties to the proceeding give informed consent, confirmed in writing.
(b) A lawyer shall not negotiate for employment with any person who is involved as a party or
as lawyer for a party in a matter in which the lawyer is participating personally and substantially
as a judge or other adjudicative officer or as an arbitrator, mediator or other third-party neutral. A
lawyer serving as a law clerk to a judge or other adjudicative officer may negotiate for
employment with a party or lawyer involved in a matter in which the clerk is participating
personally and substantially, but only after the lawyer has notified the judge or other adjudicative
officer.
(c) If a lawyer is disqualified by paragraph (a), no lawyer in a firm with which that lawyer is
associated may knowingly undertake or continue representation in the matter unless:
(1) the disqualified lawyer is timely screened from any participation in the matter and is
apportioned no part of the fee therefrom; and
(2) written notice is promptly given to the parties and any appropriate tribunal to enable them to
ascertain compliance with the provisions of this Rule.
(d) An arbitrator selected as a partisan of a party in a multimember arbitration panel is not

prohibited from subsequently representing that party.
MARYLAND RULES
Rule 1.13. Organization as Client.
(a) A lawyer employed or retained by an organization represents the organization acting

through its duly authorized constituents.
(b) If a lawyer for an organization knows that an officer, employee or other person associated
with the organization is engaged in action, intends to act or refuses to act in a matter related to
the representation that is a violation of a legal obligation to the organization, or a violation of law
that reasonably might be imputed to the organization, and is likely to result in substantial injury
to the organization, the lawyer shall proceed as is reasonably necessary in the best interest of the
organization. Unless the lawyer reasonably believes that it is not necessary in the best interest of
the organization to do so, the lawyer shall refer the matter to higher authority in the organization,
including, if warranted by the circumstances, to the highest authority that can act on behalf of the
organization as determined by applicable law.
(c) When the organization's highest authority insists upon action, or refuses to take action, that is
clearly a violation of a legal obligation to the organization, or a violation of law which
reasonably might be imputed to the organization, and is reasonably certain to result in substantial
injury to the organization, the lawyer may take further remedial action that the lawyer reasonably
believes to be in the best interest of the organization. Such action may include revealing
information otherwise protected by Rule 1.6 only if the lawyer reasonably believes that:
(1) the highest authority in the organization has acted to further the personal or financial
interests of members of the authority which are in conflict with the interests of the organization;
and
(2) revealing the information is necessary in the best interest of the organization.
(d) In dealing with an organization's directors, officers, employees, members, shareholders or

other constituents, a lawyer shall explain the identity of the client when the lawyer knows or
reasonably should know that the organization's interests are adverse to those of the constituents
with whom the lawyer is dealing.
(e) A lawyer representing an organization may also represent any of its directors, officers,
employees, members, shareholders or other constituents, subject to the provisions of Rule 1.7. If
the organization's consent to the dual representation is required by Rule 1.7, the consent shall be
given by an appropriate official of the organization other than the individual who is to be
represented, or by the shareholders.
MARYLAND RULES
Rule 1.14. Client with Diminished Capacity.
(a) When a client's capacity to make adequately considered decisions in connection with a
representation is diminished whether because of minority, mental impairment or for some other
reason, the lawyer shall, as far as reasonably possible, maintain a normal client-lawyer
relationship with the client.
(b) When the lawyer reasonably believes that the client has diminished capacity, is at risk of
substantial physical, financial, or other harm unless action is taken and cannot adequately act in
the client's own interest, the lawyer may take reasonably necessary protective action, including
consulting with individuals or entities that have the ability to take action to protect the client and,
in appropriate cases, seeking the appointment of a guardian ad litem, conservator, or guardian.
(c) Information relating to the representation of a client with diminished capacity is protected by
Rule 1.6. When taking protective action pursuant to paragraph (b), the lawyer is impliedly
authorized under Rule 1.6(a) to reveal information about the client, but only to the extent
reasonably necessary to protect the client's interests.
MARYLAND RULES
Rule 1.15. Safekeeping Property.
(a) A lawyer shall hold property of clients or third persons that is in a lawyer's possession in
connection with a representation separate from the lawyer's own property. Funds shall be kept in
a separate account maintained pursuant to Title 16, Chapter 600 of the Maryland Rules, and
records shall be created and maintained in accordance with the Rules in that Chapter. Other
property shall be identified specifically as such and appropriately safeguarded, and records of its
receipt and distribution shall be created and maintained. Complete records of the account funds
and of other property shall be kept by the lawyer and shall be preserved for a period of at least
five years after the date the record was created.
(b) A lawyer may deposit the lawyer's own funds in a client trust account only as permitted by
Rule 16-607 b.
(c) Unless the client gives informed consent, confirmed in writing, to a different arrangement, a
lawyer shall deposit legal fees and expenses that have been paid in advance into a client trust
account and may withdraw those funds for the lawyer's own benefit only as fees are earned or
expenses incurred.
(d) Upon receiving funds or other property in which a client or third person has an interest, a
lawyer shall promptly notify the client or third person. Except as stated in this Rule or otherwise
permitted by law or by agreement with the client, a lawyer shall deliver promptly to the client or
third person any funds or other property that the client or third person is entitled to receive and,
upon request by the client or third person, shall render promptly a full accounting regarding such
property.
(e) When a lawyer in the course of representing a client is in possession of property in which
two or more persons (one of whom may be the lawyer) claim interests, the property shall be kept
separate by the lawyer until the dispute is resolved. The lawyer shall distribute promptly all
portions of the property as to which the interests are not in dispute.
HISTORY: (Amended March 12, 2007, effective January 1, 2008.)

MARYLAND RULES
Rule 1.16. Declining or Terminating Representation.
(a) Except as stated in paragraph (c), a lawyer shall not represent a client or, where
representation has commenced, shall withdraw from the representation of a client if:
(1) the representation will result in violation of the Maryland Lawyers' Rules of Professional
Conduct or other law;
(2) the lawyer's physical or mental condition materially impairs the lawyer's ability to represent
the client; or
(3) the lawyer is discharged.
(b) Except as stated in paragraph (c), a lawyer may withdraw from representing a client if:
(1) withdrawal can be accomplished without material adverse effect on the interests of the
client;
(2) the client persists in a course of action involving the lawyer's services that the lawyer
reasonably believes is criminal or fraudulent;
(3) the client has used the lawyer's services to perpetrate a crime or fraud;
(4) the client insists upon action or inaction that the lawyer considers repugnant or with which
the lawyer has a fundamental disagreement;
(5) the client fails substantially to fulfill an obligation to the lawyer regarding the lawyer's
services and has been given reasonable warning that the lawyer will withdraw unless the
obligation is fulfilled;
(6) the representation will result in an unreasonable financial burden on the lawyer or has been
rendered unreasonably difficult by the client; or
(7) other good cause for withdrawal exists.
(c) A lawyer must comply with applicable law requiring notice to or permission of a tribunal
when terminating representation. When ordered to do so by a tribunal, a lawyer shall continue
representation notwithstanding good cause for terminating the representation.
(d) Upon termination of representation, a lawyer shall take steps to the extent reasonably
practicable to protect a client's interests, such as giving reasonable notice to the client, allowing
time for employment of other counsel, surrendering papers and property to which the client is
entitled and refunding any advance payment of fee or expense that has not been earned or
incurred. The lawyer may retain papers relating to the client to the extent permitted by other law.
MARYLAND RULES
Rule 1.17. Sale of Law Practice.
(a) Subject to paragraph (b), a law practice, including goodwill, may be sold if the following
conditions are satisfied:
(1) Except in the case of death, disability, or appointment of the seller to judicial office, the
entire practice that is the subject of the sale has been in existence at least five years prior to the
date of sale;
(2) The practice is sold as an entirety to another lawyer or law firm; and
(3) Written notice has been mailed to the last known address of the seller's current clients
regarding:
(A) the proposed sale;
(B) the terms of any proposed change in the fee arrangement;
(C) the client's right to retain other counsel, to take possession of the file, and to obtain any
funds or other property to which the client is entitled; and
(D) the fact that the client's consent to the new representation will be presumed if the client does
not take any action or does not otherwise object within sixty (60) days of mailing of the notice.
(b) If a notice required by paragraph (a)(3) is returned and the client cannot be located, the
representation of that client may be transferred to the purchaser only by an order of a court of
competent jurisdiction authorizing the transfer. The seller may disclose to the court in camera
information relating to the representation only to the extent necessary to obtain an order
authorizing the transfer.
MARYLAND RULES

Rule 1.18. Duties to Prospective Client.
(a) A person who discusses with a lawyer the possibility of forming a client-lawyer
relationship with respect to a matter is a prospective client.
(b) Even when no client-lawyer relationship ensues, a lawyer who has had discussions with a
prospective client shall not use or reveal information learned in the consultation, except as Rule
1.9 would permit with respect to information of a former client.
(c) A lawyer subject to paragraph (b) shall not represent a client with interests materially
adverse to those of a prospective client in the same or a substantially related matter if the lawyer
received information from the prospective client that could be significantly harmful to that
person in the matter, except as provided in paragraph (d). If a lawyer is disqualified from
representation under this paragraph, no lawyer in a firm with which that lawyer is associated may
knowingly undertake or continue representation in such a matter, except as provided in
paragraph (d).
(d) Representation is permissible if both the affected client and the prospective client have given
informed consent, confirmed in writing, or the disqualified lawyer is timely screened from any
participation in the matter and is apportioned no part of the fee therefrom.
MARYLAND RULES
COUNSELOR
Rule 2.1. Advisor
In representing a client, a lawyer shall exercise independent professional judgment and render
candid advice. In rendering advice, a lawyer may refer not only to law but to other considerations
such as moral, economic, social and political factors, that may be relevant to the client's
situation.
MARYLAND RULES
COUNSELOR
Rule 2.2. Intermediary.
Deleted effective July 1, 2005.

MARYLAND RULES
COUNSELOR
Rule 2.3. Evaluation for Use by Third Parties.
(a) A lawyer may provide an evaluation of a matter affecting a client for the use of someone
other than the client if the lawyer reasonably believes that making the evaluation is compatible
with other aspects of the lawyer's relationship with the client.
(b) When the lawyer knows or reasonably should know that the evaluation is likely to affect the
client's interests materially and adversely, the lawyer shall not provide the evaluation unless the
client gives informed consent.
(c) Except as disclosure is authorized in connection with a report of an evaluation, information

relating to the evaluation is otherwise protected by Rule 1.6.
MARYLAND RULES
COUNSELOR
Rule 2.4. Lawyer Serving as Third-Party Neutral.
(a) A lawyer serves as a third-party neutral when the lawyer assists two or more persons who
are not clients of the lawyer to reach a resolution of a dispute or other matter that has arisen
between them. Service as a third-party neutral may include service as an arbitrator, a mediator or
in such other capacity as will enable the lawyer to assist the parties to resolve the matter.
(b) A lawyer serving as a third-party neutral shall inform unrepresented parties that the lawyer is
not representing them. When the lawyer knows or reasonably should know that a party does not
understand the lawyer's role in the matter, the lawyer shall explain the difference between the
lawyer's role as a third-party neutral and a lawyer's role as one who represents a client.
MARYLAND RULES
ADVOCATE
Rule 3.1. Meritorious Claims and Contentions.
A lawyer shall not bring or defend a proceeding, or assert or controvert an issue therein, unless
there is a basis for doing so that is not frivolous, which includes, for example, a good faith
argument for an extension, modification or reversal of existing law. A lawyer may nevertheless
so defend the proceeding as to require that every element of the moving party's case be
established.
MARYLAND RULES
ADVOCATE
Rule 3.2. Expediting litigation
A lawyer shall make reasonable efforts to expedite litigation consistent with the interests of
the client.
MARYLAND RULES
ADVOCATE
Rule 3.3. Candor Toward the Tribunal.
(a) A lawyer shall not knowingly:
(1) make a false statement of fact or law to a tribunal or fail to correct a false statement of
material fact or law previously made to the tribunal by the lawyer;
(2) fail to disclose a material fact to a tribunal when disclosure is necessary to avoid assisting a
criminal or fraudulent act by the client;
(3) fail to disclose to the tribunal legal authority in the controlling jurisdiction known to the
lawyer to be directly adverse to the position of the client and not disclosed by opposing counsel;
or
(4) offer evidence that the lawyer knows to be false. If a lawyer has offered material evidence
and comes to know of its falsity, the lawyer shall take reasonable remedial measures.
(b) The duties stated in paragraph (a) continue to the conclusion of the proceeding, and apply
even if compliance requires disclosure of information otherwise protected by Rule 1.6.
(c) A lawyer may refuse to offer evidence that the lawyer reasonably believes is false.
(d) In an ex parte proceeding, a lawyer shall inform the tribunal of all material facts known to
the lawyer which will enable the tribunal to make an informed decision, whether or not the facts
are adverse.
(e) Notwithstanding paragraphs (a) through (d), a lawyer for an accused in a criminal case need
not disclose that the accused intends to testify falsely or has testified falsely if the lawyer
reasonably believes that the disclosure would jeopardize any constitutional right of the accused.
MARYLAND RULES
ADVOCATE
Rule 3.4. Fairness to Opposing Party and Counsel.
A lawyer shall not:
(a) unlawfully obstruct another party's access to evidence or unlawfully alter, destroy or conceal
a document or other material having potential evidentiary value. A lawyer shall not counsel or
assist another person to do any such act;
(b) falsify evidence, counsel or assist a witness to testify falsely, or offer an inducement to a
witness that is prohibited by law;
(c) knowingly disobey an obligation under the rules of a tribunal except for an open refusal
based on an assertion that no valid obligation exists;
(d) in pretrial procedure, make a frivolous discovery request or fail to make reasonably diligent
effort to comply with a legally proper discovery request by an opposing party;
(e) in trial, allude to any matter that the lawyer does not reasonably believe is relevant or that
will not be supported by admissible evidence, assert personal knowledge of facts in issue except
when testifying as a witness, or state a personal opinion as to the justness of a cause, the
credibility of a witness, the culpability of a civil litigant or the guilt or innocence of an accused;
or
(f) request a person other than a client to refrain from voluntarily giving relevant information to
another party unless:
(1) the person is a relative or an employee or other agent of a client; and
(2) the lawyer reasonably believes that the person's interests will not be adversely affected by
refraining from giving such information.
MARYLAND RULES
ADVOCATE

Rule 3.5. Impartiality and Decorum of the Tribunal.
(a) A lawyer shall not:
(1) seek to influence a judge, prospective, qualified, or sworn juror, or other official by means
prohibited by law;
(2) before the trial of a case with which the lawyer is connected, communicate outside the
course of official proceedings with anyone known to the lawyer to be on the jury list for trial of
the case;
(3) during the trial of a case with which the lawyer is connected, communicate outside the
course of official proceedings with any member of the jury;
(4) during the trial of a case with which the lawyer is not connected, communicate outside the
course of official proceedings with any member of the jury about the case;
(5) after discharge of a jury from further consideration of a case with which the lawyer is
connected, ask questions of or make comments to a jury member that are calculated to harass or
embarrass the jury member or to influence the jury member's actions in future jury service;
(6) conduct a vexatious or harassing investigation of any prospective, qualified, or sworn juror;
(7) communicate ex parte about an adversary proceeding with the judge or other official before
whom the proceeding is pending, except as permitted by law;
(8) discuss with a judge potential employment of the judge if the lawyer or a firm with which
the lawyer is associated has a matter that is pending before the judge; or
(9) engage in conduct intended to disrupt a tribunal.
(b) A lawyer who has knowledge of any violation of paragraph (a) of this Rule, any improper
conduct by a prospective, qualified, or sworn juror or any improper conduct by another towards a
prospective, qualified, or sworn juror, shall report it promptly to the court or other appropriate
authority.
MARYLAND RULES
ADVOCATE
Rule 3.6. Trial Publicity.

(a) A lawyer who is participating or has participated in the investigation or litigation of a
matter shall not make an extrajudicial statement that the lawyer knows or reasonably should
know will be disseminated by means of public communication and will have a substantial
likelihood of materially prejudicing an adjudicative proceeding in the matter.
(b) Notwithstanding paragraph (a), a lawyer may state:
(1) the claim, offense or defense involved and, except when prohibited by law, the identity of
the persons involved;
(2) information contained in a public record;
(3) that an investigation of a matter is in progress;
(4) the scheduling or result of any step in litigation;
(5) a request for assistance in obtaining evidence and information necessary thereto;
(6) a warning of danger concerning the behavior of a person involved, when there is reason to
believe that there exists the likelihood of substantial harm to an individual or to the public
interest; and
(7) in a criminal case, in addition to subparagraphs (1) through (6):
(i) the identity, residence, occupation and family status of the accused;
(ii) if the accused has not been apprehended, information necessary to aid in apprehension of
that person;
(iii) the fact, time and place of arrest; and
(iv) the identity of investigating and arresting officers or agencies and the length of the
investigation.
(c) Notwithstanding paragraph (a), a lawyer may make a statement that a reasonable lawyer
would believe is required to protect a client from the substantial undue prejudicial effect of
recent publicity not initiated by the lawyer or the lawyer's client. A statement made pursuant to
this paragraph shall be limited to such information as is necessary to mitigate the recent adverse
publicity.
(d) No lawyer associated in a firm or government agency with a lawyer subject to paragraph (a)
shall make a statement prohibited by paragraph (a).
MARYLAND RULES
ADVOCATE
Rule 3.7. Lawyer as Witness.
(a) A lawyer shall not act as advocate at a trial in which the lawyer is likely to be a necessary
witness unless:
(1) the testimony relates to an uncontested issue;
(2) the testimony relates to the nature and value of legal services rendered in the case; or
(3) disqualification of the lawyer would work substantial hardship on the client.
(b) A lawyer may act as advocate in a trial in which another lawyer in the lawyer's firm is likely
to be called as a witness unless precluded from doing so by Rule 1.7 or Rule 1.9.
MARYLAND RULES
ADVOCATE
Rule 3.8. Special Responsibilities of a Prosecutor.
The prosecutor in a criminal case shall:
(a) refrain from prosecuting a charge that the prosecutor knows is not supported by probable
cause;
(b) make reasonable efforts to assure that the accused has been advised of the right to, and the
procedure for obtaining, counsel and has been given reasonable opportunity to obtain counsel;
(c) not seek to obtain from an unrepresented accused a waiver of important pretrial rights, such
as the right to a preliminary hearing;
(d) make timely disclosure to the defense of all evidence or information known to the prosecutor
that tends to negate the guilt of the accused or mitigates the offense, and, in connection with
sentencing, disclose to the defense and to the tribunal all unprivileged mitigating information
known to the prosecutor, except when the prosecutor is relieved of this responsibility by a
protective order of the tribunal; and
(e) except for statements that are necessary to inform the public of the nature and extent of the
prosecutor's action and that serve a legitimate law enforcement purpose, refrain from making
extrajudicial comments that have a substantial likelihood of heightening public condemnation of
the accused and exercise reasonable care to prevent an employee or other person under the
control of the prosecutor in a criminal case from making an extrajudicial statement that the
prosecutor would be prohibited from making under Rule 3.6 or this Rule.
MARYLAND RULES
ADVOCATE
Rule 3.9. Advocate in Nonadjudicative Proceedings.
A lawyer representing a client before a legislative body or administrative agency in a

nonadjudicative proceeding shall disclose that the appearance is in a representative capacity and
shall conform to the provisions of Rules 3.3(a) through (c), 3.4(a) through (c), and 3.5.
MARYLAND RULES
TRANSACTIONS WITH PERSONS OTHER THAN CLIENTS
Rule 4.1. Truthfulness in Statements to Others.
(a) In the course of representing a client a lawyer shall not knowingly:
(1) make a false statement of material fact or law to a third person; or
(2) fail to disclose a material fact when disclosure is necessary to avoid assisting a criminal or
fraudulent act by a client.
(b) The duties stated in this Rule apply even if compliance requires disclosure of information
otherwise protected by Rule 1.6.
MARYLAND RULES

Rule 4.2. Communication with Person Represented by Counsel.
(a) Except as provided in paragraph (c), in representing a client, a lawyer shall not
communicate about the subject of the representation with a person who the lawyer knows is
represented in the matter by another lawyer unless the lawyer has the consent of the other lawyer
or is authorized by law or court order to do so.
(b) If the person represented by another lawyer is an organization, the prohibition extends to
each of the organization's (1) current officers, directors, and managing agents and (2) current
agents or employees who supervise, direct, or regularly communicate with the organization's
lawyers concerning the matter or whose acts or omissions in the matter may bind the
organization for civil or criminal liability. The lawyer may not communicate with a current agent
or employee of the organization unless the lawyer first has made inquiry to ensure that the agent
or employee is not an individual with whom communication is prohibited by this paragraph and
has disclosed to the individual the lawyer's identity and the fact that the lawyer represents a
client who has an interest adverse to the organization.
(c) A lawyer may communicate with a government official about matters that are the subject of
the representation if the government official has the authority to redress the grievances of the
lawyer's client and the lawyer first makes the disclosures specified in paragraph (b).
MARYLAND RULES
Rule 4.3. Dealing with Unrepresented Person.
In dealing on behalf of a client with a person who is not represented by counsel, a lawyer shall
not state or imply that the lawyer is disinterested. When the lawyer knows or reasonably should
know that the unrepresented person misunderstands the lawyer's role in the matter, the lawyer
shall make reasonable efforts to correct the misunderstanding.
MARYLAND RULES
Rule 4.4. Respect for Rights of Third Persons.
(a) In representing a client, a lawyer shall not use means that have no substantial purpose other
than to embarrass, delay, or burden a third person, or use methods of obtaining evidence that the
lawyer knows violate the legal rights of such a person.
(b) In communicating with third persons, a lawyer representing a client in a matter shall not seek
information relating to the matter that the lawyer knows or reasonably should know is protected
from disclosure by statute or by an established evidentiary privilege, unless the protection has
been waived. The lawyer who receives information that is protected from disclosure shall (1)
terminate the communication immediately and (2) give notice of the disclosure to any tribunal in
which the matter is pending and to the person entitled to enforce the protection against
disclosure.
MARYLAND RULES
LAW FIRMS AND ASSOCIATIONS
Rule 5.1. Responsibilities of Partners, Managers, and Supervisory Lawyers.
(a) A partner in a law firm, and a lawyer who individually or together with other lawyers
possesses comparable managerial authority in a law firm, shall make reasonable efforts to ensure
that the firm has in effect measures giving reasonable assurance that all lawyers in the firm
conform to the Maryland Lawyers' Rules of Professional Conduct.
(b) A lawyer having direct supervisory authority over another lawyer shall make reasonable
efforts to ensure that the other lawyer conforms to the Maryland Lawyers' Rules of Professional
Conduct.
(c) A lawyer shall be responsible for another lawyer's violation of the Maryland Lawyers' Rules
of Professional Conduct if:
(1) the lawyer orders or, with knowledge of the specific conduct, ratifies the conduct involved;
or
(2) the lawyer is a partner or has comparable managerial authority in the law firm in which the
other lawyer practices, or has direct supervisory authority over the other lawyer, and knows of
the conduct at a time when its consequences can be avoided or mitigated but fails to take
reasonable remedial action.
MARYLAND RULES
Rule 5.2. Responsibilities of a Subordinate Lawyer.
(a) A lawyer is bound by the Maryland Lawyers' Rules of Professional Conduct

notwithstanding that the lawyer acted at the direction of another person.
(b) A subordinate lawyer does not violate the Maryland Lawyers' Rules of Professional Conduct
if that lawyer acts in accordance with a supervisory lawyer's reasonable resolution of an arguable
question of professional duty.
MARYLAND RULES
Rule 5.3. Responsibilities Regarding Nonlawyer Assistants.
With respect to a nonlawyer employed or retained by or associated with a lawyer:
(a) a partner, and a lawyer who individually or together with other lawyers possesses
comparable managerial authority in a law firm shall make reasonable efforts to ensure that the
firm has in effect measures giving reasonable assurance that the person's conduct is compatible
with the professional obligations of the lawyer;
(b) a lawyer having direct supervisory authority over the nonlawyer shall make reasonable
efforts to ensure that the person's conduct is compatible with the professional obligations of the
lawyer;
(c) a lawyer shall be responsible for conduct of such a person that would be a violation of the
Maryland Lawyers' Rules of Professional Conduct if engaged in by a lawyer if:
(1) the lawyer orders or, with the knowledge of the specific conduct, ratifies the conduct
involved; or
(2) the lawyer is a partner or has comparable managerial authority in the law firm in which the
person is employed, or has direct supervisory authority over the person, and knows of the
conduct at a time when its consequences can be avoided or mitigated but fails to take reasonable
remedial action; and
(d) a lawyer who employs or retains the services of a nonlawyer who (i) was formerly admitted
to the practice of law in any jurisdiction and (ii) has been and remains disbarred, suspended, or
placed on inactive status because of incapacity shall comply with the following requirements:
(1) all law-related activities of the formerly admitted lawyer shall be (A) performed from an
office that is staffed on a full-time basis by a supervising lawyer and (B) conducted under the
direct supervision of the supervising lawyer, who shall be responsible for ensuring that the
formerly admitted lawyer complies with the requirements of this Rule.
(2) the lawyer shall take reasonable steps to ensure that the formerly admitted lawyer does not:
(A) represent himself or herself to be a lawyer;
(B) render legal consultation or advice to a client or prospective client;

(C) appear on behalf of or represent a client in any judicial, administrative, legislative, or
alternative dispute resolution proceeding;
(D) appear on behalf of or represent a client at a deposition or in any other discovery matter;
(E) negotiate or transact any matter on behalf of a client with third parties;
(F) receive funds from or on behalf of a client or disburse funds to or on behalf of a client; or
(G) perform any law-related activity for (i) a law firm or lawyer with whom the formerly
admitted lawyer was associated when the acts that resulted in the disbarment or suspension
occurred or (ii) any client who was previously represented by the formerly admitted lawyer.
(3) the lawyer, the supervising lawyer, and the formerly admitted lawyer shall file jointly with
Bar Counsel (A) a notice of employment identifying the supervising lawyer and the formerly
admitted lawyer and listing each jurisdiction in which the formerly admitted lawyer has been
disbarred, suspended, or placed on inactive status because of incapacity; and (B) a copy of an
executed written agreement between the lawyer, the supervising lawyer, and the formerly
admitted lawyer that sets forth the duties of the formerly admitted lawyer and includes an
undertaking to comply with requests by Bar Counsel for proof of compliance with the terms of
the agreement and this Rule. As to a formerly admitted lawyer employed as of July 1, 2006, the
notice and agreement shall be filed no later than September 1, 2006. As to a formerly admitted
lawyer hired after July 1, 2006, the notice and agreement shall be filed within 30 days after
commencement of the employment. Immediately upon the termination of the employment of the
formerly admitted lawyer, the lawyer and the supervising lawyer shall file with Bar Counsel a
notice of the termination.
MARYLAND RULES
Rule 5.4. Professional Independence of a Lawyer.
(a) A lawyer or law firm shall not share legal fees with a nonlawyer, except that:
(1) an agreement by a lawyer with the lawyer's firm, partner, or associate may provide for the
payment of money, over a reasonable period of time after the lawyer's death, to the lawyer's
estate or to one or more specified persons;
(2) a lawyer who purchases the practice of a lawyer who is deceased or disabled or who has
disappeared may, pursuant to the provisions of Rule 1.17, pay the purchase price to the estate or
representative of the lawyer.
(3) a lawyer who undertakes to complete unfinished legal business of a deceased, retired,
disabled, or suspended lawyer may pay to that lawyer or that lawyer's estate the proportion of the
total compensation which fairly represents the services rendered by the former lawyer;
(4) a lawyer or law firm may include nonlawyer employees in a compensation or retirement
plan, even though the plan is based in whole or in part on a profit-sharing arrangement; and
(5) a lawyer may share court-awarded legal fees with a nonprofit organization that employed,
retained or recommended employment of the lawyer in the matter.
(b) A lawyer shall not form a partnership with a nonlawyer if any of the activities of the
partnership consist of the practice of law.
(c) A lawyer shall not permit a person who recommends, employs, or pays the lawyer to render
legal services for another to direct or regulate the lawyer's professional judgment in rendering
such legal services.
(d) A lawyer shall not practice with or in the form of a professional corporation or association
authorized to practice law for a profit, if:
(1) a nonlawyer owns any interest therein, except that a fiduciary representative of the estate of a
lawyer may hold the stock or interest of the lawyer for a reasonable time during administration;
(2) a nonlawyer is a corporate director or officer thereof or occupies the position of similar
responsibility in any form of association other than a corporation; or
(3) a nonlawyer has the right to direct or control the professional judgment of a lawyer.
MARYLAND RULES
Rule 5.5. Unauthorized Practice of Law; Multijurisdictional Practice of Law.
(a) A lawyer shall not practice law in a jurisdiction in violation of the regulation of the legal
profession in that jurisdiction, or assist another in doing so.
(b) A lawyer who is not admitted to practice in this jurisdiction shall not:
(1) except as authorized by these Rules or other law, establish an office or other systematic and
continuous presence in this jurisdiction for the practice of law; or
(2) hold out to the public or otherwise represent that the lawyer is admitted to practice law in
this jurisdiction.
(c) A lawyer admitted in another United States jurisdiction, and not disbarred or suspended from
practice in any jurisdiction, may provide legal services on a temporary basis in this jurisdiction
that:
(1) are undertaken in association with a lawyer who is admitted to practice in this jurisdiction
and who actively participates in the matter;
(2) are in or reasonably related to a pending or potential proceeding before a tribunal in this or
another jurisdiction, if the lawyer, or a person the lawyer is assisting, is authorized by law or
order to appear in such proceeding or reasonably expects to be so authorized;
(3) are in or reasonably related to a pending or potential arbitration, mediation, or other

alternative dispute resolution proceeding in this or another jurisdiction, if the services arise out of
or are reasonably related to the lawyer's practice in a jurisdiction in which the lawyer is admitted
to practice and are not services for which the forum requires pro hac vice admission; or
(4) are not within paragraphs (c)(2) or (c)(3) and arise out of or are reasonably related to the
lawyer's practice in a jurisdiction in which the lawyer is admitted to practice.
(d) A lawyer admitted in another United States jurisdiction, and not disbarred or suspended from
practice in any jurisdiction, may provide legal services in this jurisdiction that:
(1) are provided to the lawyer's employer or its organizational affiliates and are not services for
which the forum requires pro hac vice admission; or
(2) are services that the lawyer is authorized to provide by federal law or other law of this
jurisdiction.

MARYLAND RULES
Rule 5.6. Restrictions on Right to Practice.
A lawyer shall not participate in offering or making:
(a) a partnership, shareholders, operating, employment, or other similar type of agreement that
restricts the right of a lawyer to practice after termination of the relationship, except an
agreement concerning benefits upon retirement; or
(b) an agreement in which a restriction on the lawyer's right to practice is part of the settlement
of a client controversy.
MARYLAND RULES
Rule 5.6. Restrictions on Right to Practice.
A lawyer shall not participate in offering or making:
(a) a partnership, shareholders, operating, employment, or other similar type of agreement that
restricts the right of a lawyer to practice after termination of the relationship, except an
agreement concerning benefits upon retirement; or
(b) an agreement in which a restriction on the lawyer's right to practice is part of the settlement
of a client controversy.
MARYLAND RULES
Rule 5.7. Responsibilities Regarding Law-Related Services.
(a) A lawyer shall be subject to the Maryland Lawyers' Rules of Professional Conduct with
respect to the provision of law-related services, as defined in paragraph (b), if the law-related
services are provided:
(1) by the lawyer in circumstances that are not distinct from the lawyer's provision of legal
services to clients; or
(2) in other circumstances by an entity controlled by the lawyer individually or with others if the
lawyer fails to take reasonable measures to assure that a person obtaining the law-related services
knows that the services are not legal services and that the protections of the client-lawyer
relationship do not exist.
(b) The term "law-related services" denotes services that might reasonably be performed in
conjunction with and in substance are related to the provision of legal services, and that are not
prohibited as unauthorized practice of law when provided by a nonlawyer.
MARYLAND RULES
PUBLIC SERVICE

Rule 6.1. Pro Bono Publico Service.
(a) Professional Responsibility. A lawyer has a professional responsibility to render pro bono
publico legal service.
(b) Discharge of Professional Responsibility. A lawyer in the full-time practice of law should
aspire to render at least 50 hours per year of pro bono publico legal service, and a lawyer in part-
time practice should aspire to render at least a pro rata number of hours.
(1) Unless a lawyer is prohibited by law from rendering the legal services described below, a
substantial portion of the applicable hours should be devoted to rendering legal service, without
fee or expectation of fee, or at a substantially reduced fee, to:
(A) people of limited means;
(B) charitable, religious, civic, community, governmental, or educational organizations in

matters designed primarily to address the needs of people of limited means;
(C) individuals, groups, or organizations seeking to secure or protect civil rights, civil liberties,
or public rights; or
(D) charitable, religious, civic, community, governmental, or educational organizations in

matters in furtherance of their organizational purposes when the payment of the standard legal
fees would significantly deplete the organization's economic resources or would otherwise be
inappropriate.
(2) The remainder of the applicable hours may be devoted to activities for improving the law,
the legal system, or the legal profession.
(3) A lawyer also may discharge the professional responsibility set forth in this Rule by
contributing financial support to organizations that provide legal services to persons of limited
means.
(c) Effect of Noncompliance. This Rule is aspirational, not mandatory. Noncompliance with this
Rule shall not be grounds for disciplinary action or other sanctions.
MARYLAND RULES
PUBLIC SERVICE
Rule 6.2. Accepting Appointments.
A lawyer shall not seek to avoid appointment by a tribunal to represent a person except for
good cause, such as:
(a) representing the client is likely to result in violation of the Maryland Lawyers' Rules of
Professional Conduct or other law;
(b) representing the client is likely to result in an unreasonable financial burden on the lawyer;
or
(c) the client or the cause is so repugnant to the lawyer as to be likely to impair the client-lawyer
relationship or the lawyer's ability to represent the client.
MARYLAND RULES
PUBLIC SERVICE
Rule 6.3. Membership in Legal Services Organization.
A lawyer may serve as a director, officer or member of a legal services organization, apart
from the law firm in which the lawyer practices, notwithstanding that the organization serves
persons having interests adverse to a client of the lawyer. The lawyer shall not knowingly
participate in a decision or action of the organization:
(a) if participating in the decision would be incompatible with the lawyer's obligations to a client
under Rule 1.7; or
(b) where the decision could have a material adverse effect on the representation of a client of
the organization whose interests are adverse to a client of the lawyer.
MARYLAND RULES
PUBLIC SERVICE
Rule 6.4. Law Reform Activities Affecting Client Interests.
A lawyer may serve as a director, officer or member of an organization involved in reform of

the law or its administration notwithstanding that the reform may affect the interests of a client of
the lawyer. When the lawyer knows that the interests of a client may be materially benefited by a
decision in which the lawyer participates, the lawyer shall disclose that fact but need not identify
the client.
MARYLAND RULES
PUBLIC SERVICE

Rule 6.5. Nonprofit and Court-Annexed Limited Legal Services Programs.
(a) A lawyer who, under the auspices of a program sponsored by a nonprofit organization or
court, provides short-term limited legal services to a client without expectation by either the
lawyer or the client that the lawyer will provide continuing representation in the matter:
(1) is subject to Rules 1.7 and 1.9(a) only if the lawyer knows that the representation of the
client involves a conflict of interest; and
(2) is subject to Rule 1.10 only if the lawyer knows that another lawyer associated with the
lawyer in a law firm is disqualified by Rule 1.7 or 1.9(a) with respect to the matter.
(b) Except as provided in paragraph (a)(2), Rule 1.10 is inapplicable to a representation

governed by this Rule.
MARYLAND RULES
INFORMATION ABOUT LEGAL SERVICES
Rule 7.1. Communications Concerning a Lawyer's Services.
A lawyer shall not make a false or misleading communication about the lawyer or the lawyer's
services. A communication is false or misleading if it:
(a) contains a material misrepresentation of fact or law, or omits a fact necessary to make the
statement considered as a whole not materially misleading;
(b) is likely to create an unjustified expectation about results the lawyer can achieve, or states or
implies that the lawyer can achieve results by means that violate the Maryland Lawyers' Rules of
Professional Conduct or other law; or
(c) compares the lawyer's services with other lawyers' services, unless the comparison can be
factually substantiated.
MARYLAND RULES
Rule 7.2. Advertising.

(a) Subject to the requirements of Rules 7.1 and 7.3(b), a lawyer may advertise services
through public media, such as a telephone directory, legal directory, newspaper or other
periodical, outdoor, radio or television advertising, or through communications not involving in
person contact.
(b) A copy or recording of an advertisement or such other communication shall be kept for at
least three years after its last dissemination along with a record of when and where it was used.
(c) A lawyer shall not give anything of value to a person for recommending the lawyer's
services, except that a lawyer may
(1) pay the reasonable cost of advertising or written communication permitted by this Rule;
(2) pay the usual charges of a legal service plan or a not-for-profit lawyer referral service;
(3) pay for a law practice purchased in accordance with Rule 1.17; and
(4) refer clients to a non-lawyer professional pursuant to an agreement not otherwise prohibited
under these Rules that provides for the other person to refer clients or customers to the lawyer, if
(i) the reciprocal agreement is not exclusive, and
(ii) the client is informed of the existence and nature of the agreement.
(d) Any communication made pursuant to this Rule shall include the name of at least one lawyer
responsible for its content.
(e) An advertisement or communication indicating that no fee will be charged in the absence of
a recovery shall also disclose whether the client will be liable for any expenses.
Cross references. -- Maryland Lawyers' Rules of Professional Conduct, Rule 1.8(e).
(f) A lawyer, including a participant in an advertising group or lawyer referral service or other
program involving communications concerning the lawyer's services, shall be personally
responsible for compliance with the provisions of Rules 7.1, 7.2, 7.3, 7.4, and 7.5 and shall be
prepared to substantiate such compliance.
MARYLAND RULES
Rule 7.3. Direct Contact with Prospective Clients.
(a) A lawyer shall not by in-person, live telephone or real-time electronic contact solicit
professional employment from a prospective client when a significant motive for the lawyer's
doing so is the lawyer's pecuniary gain, unless the person contacted:
(1) is a lawyer; or
(2) has a family, close personal, or prior professional relationship with the lawyer.
(b) A lawyer shall not solicit professional employment from a prospective client by written,
recorded or electronic communication or by in-person, telephone, or real-time electronic contract
even when not otherwise prohibited by paragraph (a), if:
(1) the lawyer knows or reasonably should know that the physical, emotional or mental state of
the prospective client is such that the prospective client could not exercise reasonable judgment
in employing a lawyer;
(2) the prospective client has made known to the lawyer a desire not to be solicited by the
lawyer; or
(3) the solicitation involves coercion, duress, or harassment.
(c) Every written, recorded, or electronic communication from a lawyer soliciting professional
employment from a prospective client known to be in need of legal services in a particular matter
shall include the words "Advertising Material" on the outside envelope, if any, and at the
beginning and ending of any recorded or electronic communication, unless the recipient of the
communication is a person specified in paragraphs (a)(1) or (a)(2).
(d) Notwithstanding the prohibitions in paragraph (a), a lawyer may participate with a prepaid or
group legal service plan operated by an organization not owned or directed by the lawyer that
uses in-person or telephone contact to solicit memberships or subscriptions for the plan from
persons who are not known to need legal services in a particular matter covered by the plan.
MARYLAND RULES
Rule 7.4. Communication of Fields of Practice.
(a) A lawyer may communicate the fact that the lawyer does or does not practice in particular
fields of law, subject to the requirements of Rule 7.1. A lawyer shall not hold himself or herself
out publicly as a specialist.
(b) A lawyer admitted to engage in patent practice before the United States Patent and
Trademark Office may use the designation "Patent Attorney" or a substantially similar
designation.
MARYLAND RULES
Rule 7.5. Firm Names and Letterheads.
(a) A lawyer shall not use a firm name, letterhead or other professional designation that
violates Rule 7.1. A trade name may be used by a lawyer in private practice if it does not imply a
connection with a government agency or with a public or charitable legal services organization
and is not otherwise in violation of Rule 7.1.
(b) A law firm with offices in more than one jurisdiction may use the same name in each
jurisdiction, but identification of the lawyers in an office of the firm shall indicate the
jurisdictional limitations on those not licensed to practice in the jurisdiction where the office is
located.
(c) The name of a lawyer holding a public office shall not be used in the name of a law firm, or
in communications on its behalf, during any substantial period in which the lawyer is not actively
and regularly practicing with the firm.
(d) Lawyers may state or imply that they practice in a partnership or other organization only
when that is the fact.
MARYLAND RULES
MAINTAINING THE INTEGRITY OF THE PROFESSION
Rule 8.1. Bar Admission and Disciplinary Matters.
An applicant for admission or reinstatement to the bar, or a lawyer in connection with a bar
admission application or in connection with a disciplinary matter, shall not:
(a) knowingly make a false statement of material fact; or
(b) fail to disclose a fact necessary to correct a misapprehension known by the person to have
arisen in the matter, or knowingly fail to respond to a lawful demand for information from an
admissions or disciplinary authority, except that this Rule does not require disclosure of
information otherwise protected by Rule 1.6.
MARYLAND RULES

Rule 8.2. Judicial and Legal Officials.
(a) A lawyer shall not make a statement that the lawyer knows to be false or with reckless
disregard as to its truth or falsity concerning the qualifications or integrity of a judge,
adjudicatory officer or public legal officer, or of a candidate for election or appointment to
judicial or legal office.
(b) Rule 4.1 (c)(2)(D) of the Maryland Code of Judicial Conduct, set forth in Rule 16-813,
provides that a lawyer becomes a candidate for a judicial office when the lawyer files a
certificate of candidacy in accordance with Maryland election laws, but no earlier than two years
prior to the general election for that office. A candidate for a judicial office:
(1) shall maintain the dignity appropriate to the office and act in a manner consistent with the
impartiality, independence and integrity of the judiciary;
(2) with respect to a case, controversy, or issue that is likely to come before the court, shall not
the adjudicative duties of the office;
Committee note. -- Rule 8.2(b)(2) does not prohibit a candidate from making a commitment,
pledge, or promise respecting improvements in court administration or the faithful and impartial
performance of the duties of the office.
(3) shall not knowingly misrepresent his or her identity or qualifications, the identity or
qualifications of an opponent, or any other fact;
(4) shall not allow any other person to do for the candidate what the candidate is prohibited from
doing; and
(5) may respond to a personal attack or an attack on the candidate's record as long as the
response does not otherwise violate this Rule.
MARYLAND RULES
Rule 8.3. Reporting Professional Misconduct.
(a) A lawyer who knows that another lawyer has committed a violation of the Maryland
Lawyers' Rules of Professional Conduct that raises a substantial question as to that lawyer's
honesty, trustworthiness or fitness as a lawyer in other respects, shall inform the appropriate
professional authority.
(b) A lawyer who knows that a judge has committed a violation of applicable rules of judicial
conduct that raises a substantial question as to the judge's fitness for office shall inform the
appropriate authority.
(c) This Rule does not require disclosure of information otherwise protected by Rule 1.6 or
information gained by a lawyer or judge while participating in a lawyer or judge assistance or
professional guidance program.
MARYLAND RULES
Rule 8.4. Misconduct.
It is professional misconduct for a lawyer to:
(a) violate or attempt to violate the Maryland Lawyers' Rules of Professional Conduct,
knowingly assist or induce another to do so, or do so through the acts of another;
(b) commit a criminal act that reflects adversely on the lawyer's honesty, trustworthiness or
fitness as a lawyer in other respects;
(c) engage in conduct involving dishonesty, fraud, deceit or misrepresentation;
(d) engage in conduct that is prejudicial to the administration of justice;
(e) knowingly manifest by words or conduct when acting in a professional capacity bias or
prejudice based upon race, sex, religion, national origin, disability, age, sexual orientation or
socioeconomic status when such action is prejudicial to the administration of justice, provided,
however, that legitimate advocacy is not a violation of this paragraph;
(f) state or imply an ability to influence improperly a government agency or official or to

achieve results by means that violate the Maryland Lawyers' Rules of Professional Conduct or
other law; or
(g) knowingly assist a judge or judicial officer in conduct that is a violation of applicable rules
of judicial conduct or other law.

MARYLAND RULES
Rule 8.5. Disciplinary Authority; Choice of Law.
(a) Disciplinary Authority.
(1) A lawyer admitted by the Court of Appeals to practice in this State is subject to the
disciplinary authority of this State, regardless of where the lawyer's conduct occurs.
(2) A lawyer not admitted to practice in this State is also subject to the disciplinary authority of
this State if the lawyer
(i) provides or offers to provide any legal services in this State,
(ii) holds himself or herself out as practicing law in this State, or
(iii) has an obligation to supervise or control another lawyer practicing law in this State whose
conduct constitutes a violation of these Rules.
Cross references. -- Md. Rule 16-701(a).
(3) A lawyer may be subject to the disciplinary authority of both this State and another
jurisdiction for the same conduct.
(b) Choice of Law. In any exercise of the disciplinary authority of this State, the rule of
professional conduct to be applied shall be as follows:
(1) for conduct in connection with a matter pending before a tribunal, the rules of the
jurisdiction in which the tribunal sits, unless the rules of the tribunal provide otherwise; and
(2) for any other conduct, the rules of the jurisdiction in which the lawyer's conduct occurred,
or, if the predominant effect of the conduct is in a different jurisdiction, the rules of that
jurisdiction shall be applied to the conduct. A lawyer shall not be subject to discipline if the
lawyer's conduct conforms to the rules of a jurisdiction in which the lawyer reasonably believes
the predominant effect of the lawyer's conduct will occur.
MARYLAND RULES
APPENDIX: IDEALS OF PROFESSIONALISM
Md. Rule ideals (2012)
APPENDIX: IDEALS OF PROFESSIONALISM
Professionalism is the combination of the core values of personal integrity, competency,

civility, independence, and public service that distinguish lawyers as the caretakers of the rule of
law.
These Ideals of Professionalism emanate from and complement the Maryland Lawyers' Rules of
Professional Conduct ("MLRPC"), the overall thrust of which is well-summarized in this passage
from the Preamble to those Rules:
"A lawyer should use the law's procedures only for legitimate purposes and not to harass or
intimidate others. A lawyer should demonstrate respect for the legal system and for those who
serve it, including judges, other lawyers, and public officials."
A failure to observe these Ideals is not of itself a basis for disciplinary sanctions, but the conduct
that constitutes the failure may be a basis for disciplinary sanctions if it violates a provision of
the MLRPC or other relevant law.
Preamble
Lawyers are entrusted with the privilege of practicing law. They take a firm vow or oath to
uphold the Constitution and laws of the United States and the State of Maryland. Lawyers enjoy
a distinct position of trust and confidence that carries the significant responsibility and obligation
to be caretakers for the system of justice that is essential to the continuing existence of a civilized
society. Each lawyer, therefore, as a custodian of the system of justice, must be conscious of this
responsibility and exhibit traits that reflect a personal responsibility to recognize, honor, and
enhance the rule of law in this society. The Ideals and some characteristics set forth below are
representative of a value system that lawyers must demand of themselves as professionals in
order to maintain and enhance the role of legal professionals as the protectors of the rule of law.
Ideals of Professionalism
A lawyer should aspire:
(1) to put fidelity to clients before self-interest;
(2) to be a model for others, and particularly for his or her clients, by showing respect due to
those called upon to resolve disputes and the regard due to all participants in the dispute
resolution processes;
(3) to avoid all forms of wrongful discrimination in all of his or her activities, including
discrimination on the basis of race, sex, gender, religion, national origin, ethnicity, disability,
age, sexual orientation, marital status, socioeconomic status, or political affiliation, with equality
and fairness as the goals;
(4) to preserve and improve the law, the legal system, and other dispute resolution processes as
instruments for the common good;
(5) to make the law, the legal system, and other dispute resolution processes available to all;
(6) to practice law with a personal commitment to the rules governing the profession and to
encourage others to do the same;
(7) to preserve the dignity and the integrity of the profession by his or her conduct, because the
dignity and the integrity of the profession are an inheritance that must be maintained by each
successive generation of lawyers;
(8) to strive for excellence in the practice of law to promote the interests of his or her clients, the
rule of law, and the welfare of society; and
(9) to recognize that the practice of law is a calling in the spirit of public service, not merely a
business pursuit.
Accountability and Trustworthiness
A lawyer should understand the principles set forth in this section.
(1) Punctuality promotes the credibility of a lawyer. Tardiness and neglect denigrate the
individual, as well as the legal profession.
(2) Personal integrity is essential to the honorable practice of law. Lawyers earn the respect of
clients, opposing counsel, and the courts when they keep their commitments and perform the
tasks promised.
(3) Honesty and, subject to legitimate requirements of confidentiality, candid communications

promote credibility with clients, opposing counsel, and the courts.
(4) Monetary pressures that cloud professional judgment and should be resisted.
Education, Mentoring, and Excellence
A lawyer should:
(1) make constant efforts to expand his or her legal knowledge and to ensure familiarity with
changes in the law that affect a client's interests;
(2) willingly take on the responsibility of promoting the image of the legal profession by
educating each client and the public regarding the principles underlying the justice system, and,
as a practitioner of a learned art, by conveying to everyone the importance of professionalism;
(3) attend continuing legal education programs to demonstrate a commitment to keeping abreast
of changes in the law;
(4) as a senior lawyer, accept the role of mentor and teacher, whether through formal education
programs or individual mentoring of less experienced lawyers; and
(5) understand that mentoring includes the responsibility for setting a good example for another
lawyer, as well as an obligation to ensure that each mentee learns the principles enunciated in
these Ideals and adheres to them in practice.
A Calling to Service
A lawyer should:
(1) serve the public interest by communicating clearly with clients, opposing counsel, judges,
and the general public;
(2) consider the impact on others when scheduling events. Reasonable requests for schedule
changes should be accommodated if, in the view of the lawyer, such requests do not impact
adversely the merits of the client's position;
(3) maintain an open and respectful dialogue with clients and opposing counsel;
(4) respond to all communications promptly, even if more time is needed to formulate a
complete answer, and understand that delays in returning telephone calls or answering mail may
leave the impression that the communication was unimportant or that the message was lost, and
such delays increase tension and frustration;
(5) keep a client apprised of the status of important matters affecting the client and inform the
client of the frequency with which information will be provided, understanding that some matters
will require regular contact, while others will require only occasional communication;
(6) always explain a client's options or choices with sufficient detail to help the client make an
informed decision;
(7) reflect a spirit of respect in all interactions with opposing counsel, parties, staff, and the
court; and
(8) accept responsibility for ensuring that justice is available to every person and not just those
with financial means.
Fairness, Civility, and Courtesy
A lawyer should:
(1) act fairly in all dealings as a way of promoting the system of justice;
(2) understand that an excess of zeal may undermine a client's cause and hamper the
administration of justice and that a lawyer can advocate zealously a client's cause in a manner
that remains fair and civil;
(3) know that zeal requires only that the client's interests are paramount and therefore warrant
use of negotiation and compromise, when appropriate, to achieve a beneficial outcome,
understanding that yelling, intimidating, issuing ultimatums, and using an "all or nothing"
approach may constitute bullying, not zealous advocacy;
(4) seek to remain objective when advising a client about the strengths and weaknesses of the
client's case or work;
(5) not allow a client's improper motives, unethical directions, or ill-advised wishes to influence
a lawyer's actions or advice, such as when deciding whether to consent to an extension of time
requested by an opponent, and make that choice based on the effect, if any, on the outcome of
the client's case and not on the acrimony that may exist between the parties;
(6) when appropriate and consistent with duties to the client, negotiate in good faith in an effort
to avoid litigation and, where indicated, suggest alternative dispute resolution;
(7) use litigation tools to strengthen the client's case, but avoid using litigation tactics in a
manner solely to harass, intimidate, or overburden an opposing party; and
(8) note explicitly any changes made to documents submitted for review by opposing counsel,
understanding that fairness is undermined by attempts to insert or delete language without
notifying the other party or the party's lawyer.
A lawyer should understand that:
(1) professionalism requires civility in all dealings, showing respect for differing points of view,
and demonstrating empathy for others;
(2) courtesy does not reflect weakness; rather, it promotes effective advocacy by ensuring that
parties have the opportunity to participate in the process without personal attacks or intimidation;
(3) maintaining decorum in every venue, especially in the courtroom, is neither a relic of the
past nor a sign of weakness; it is an essential component of the legal process;
(4) professionalism is enhanced by preparing scrupulously for meetings and court appearances
and by showing respect for the court, opposing counsel, and the parties through courteous
behavior and respectful attire;
(5) courtesy and respect should be demonstrated in all contexts, not just with clients and
colleagues, or in the courtroom, but also with support staff and court personnel;
(6) hostility between clients should not become grounds for a lawyer to show hostility or
disrespect to a party, opposing counsel, or the court;
(7) patience enables a lawyer to exercise restraint in volatile situations and to defuse anger,
rather than elevate the tension and animosity between parties or lawyers; and
(8) the Ideals of Professionalism are to be observed in all manner of communication, and a
lawyer should resist the impulse to respond uncivilly to electronic communications in the same
manner as he or she would resist such impulses in other forms of communication.

MARYLAND RULES
APPENDIX: GUIDELINES OF ADVOCACY FOR ATTORNEYS REPRESENTING
CHILDREN IN CINA AND RELATED TPR AND ADOPTION PROCEEDINGS
Md. Rule chadv (2012)
APPENDIX: GUIDELINES OF ADVOCACY FOR ATTORNEYS REPRESENTING

CHILDREN IN CINA AND RELATED TPR AND ADOPTION PROCEEDINGS
STATEMENT OF THE ISSUE
The Maryland Foster Care Court Improvement Project has developed these Guidelines of
Advocacy for Attorneys Representing Children in Child in Need of Assistance (CINA) and
Related Termination of Parental Rights (TPR) and Adoption Proceedings. The court's ability to
protect the interests of children rests in large part upon the skill and expertise of the advocate. An
attorney should represent a child who is the subject of a CINA or a related TPR or adoption
proceeding in accordance with these Guidelines. Nothing contained in the Guidelines is intended
to modify, amend, or alter the fiduciary duties that an attorney owes to a client pursuant to the
Maryland Lawyers' Rules of Professional Conduct. For purposes of these Guidelines, the word
"child" refers to the client of the attorney.
A. ADVOCATE FOR THE CHILD
GUIDELINE A. ROLE OF THE CHILD'S COUNSEL
The attorney should determine whether the child has considered judgment as defined in
Guideline B1. If the child has considered judgment, the attorney should so state in open court
and should advocate a position consistent with the child's wishes in the matter. If the attorney
determines that the child lacks considered judgment, the attorney should so inform the court. The
attorney should then advocate a position consistent with the best interests of the child as defined
in Guideline B2.
B. CONSIDERED JUDGMENT
GUIDELINE B1. ASSESSING CONSIDERED JUDGMENT
The attorney should advocate the position of a child unless the attorney reasonably concludes
that the child is unable to express a reasoned choice about issues that are relevant to the
particular purpose for which the attorney is representing the child. If the child has the ability to
express a reasoned choice, the child is regarded as having considered judgment.
a. To determine whether the child has considered judgment, the attorney should focus on the
child's decision-making process, rather than the child's decision. The attorney should determine
whether the child can understand the risks and benefits of the child's legal position and whether
the child can reasonably communicate the child's wishes. The attorney should consider the
following factors when determining whether the child has considered judgment:
(1) the child's developmental stage:
(a) cognitive ability,
(b) socialization, and
(c) emotional and mental development;
(2) the child's expression of a relevant position:
(a) ability to communicate with the attorney, and
(b) ability to articulate reasons for the legal position; and
(3) relevant and available reports such as reports from social workers, psychiatrists,
psychologists, and schools.
b. A child may be capable of considered judgment even though the child has a significant
cognitive or emotional disability.
c. At every interview with the child, the attorney should assess whether the child has considered
judgment regarding each relevant issue. In making a determination regarding considered
judgment, the attorney may seek guidance from professionals, family members, school officials,
and other concerned persons. The attorney should also determine if any evaluations are needed
and advocate them when appropriate. At no time shall the attorney compromise the attorney-
client privilege.
d. An attorney should be sensitive to cultural, racial, ethnic, or economic differences between

the attorney and the child because such differences may inappropriately influence the attorney's
assessment of whether the child has considered judgment.
GUIDELINE B2. BEST INTEREST STANDARD
When an attorney representing a child determines that the child does not have considered
judgment, the attorney should advocate for services and safety measures that the attorney
believes to be in the child's best interests, taking into consideration the placement that is the least
restrictive alternative. The attorney may advocate a position different from the child's wishes if
the attorney finds that the child does not have considered judgment at that time. The attorney
should make clear to the court that the attorney is adopting the best interest standard for that
particular proceeding and state the reasons for adopting the best interest standard as well as the
reasons for any change from a previously adopted standard of representation. Even if the
attorney advocates a position different from the child's wishes, the attorney should ensure that
the child's position is made a part of the record.
C. CLIENT CONTACT
GUIDELINE C1. GENERAL
The attorney should meet in the community with the child at each key stage of the representation
to conduct a meaningful interview. The attorney should meet the child in preparation for a
hearing, regardless of the child's age or disability, in an environment that will facilitate
reasonable attorney-client communications. The attorney is encouraged to meet with the child in
multiple environments, including the child's school, placement, each subsequent placement, or
home.
When face-to-face contact with a child is not reasonably possible or not necessary, the attorney
still should have meaningful contact with the child. These situations may include: (a) a child
placed out-of-state; (b) a teenager with whom the attorney has established a sufficient attorney-
client relationship; or (c) a child under the age of three at the shelter care proceeding. The
attorney, however, should have face-to-face contact with the child prior to the adjudication
hearing.
When a communication with the child requires a sign or spoken language interpreter, the
attorney should try to use the services of a court-related interpreter or other qualified interpreter
other than the child's family, friends, or social workers.
GUIDELINE C2. DETERMINATIONS
After conducting one or more interviews with a child and giving reasonable consideration to the
child's age and cognitive and emotional development, the attorney should determine, at a
minimum:
a. whether the child has considered judgment;
b. whether the presence of the child at the proceedings will be waived, i.e., whether the child
wants or needs to be present at the hearing or whether the child will be harmed by appearing in
court;
c. the child's position on the agency's petition, court report(s), and other relevant issues,
including the permanency plan and placement;
d. the child's position on evidence that may be offered at the hearing, including evidence that
may be offered on behalf of the child;
e. the child's legal position at the hearing;
f. whether there is a conflict of interest that requires the attorney to move to withdraw from
representing one or all of the clients as, for example, when the attorney represents siblings;
g. whether the child should be called as a witness, after considering such factors as (1) the
child's age, (2) the child's cognitive and emotional development, (3) the child's need or desire to
testify, (4) the likelihood of emotional trauma or repercussions to the child, (5) the necessity of
the child's direct testimony, and (6) the availability of other evidence, hearsay exceptions,
proffers, or stipulations that can substitute for direct testimony; and
h. if the child will be called as a witness, the setting of the child's testimony; for example,
whether the child should testify in open court, open chambers, closed chambers, or another
location.
GUIDELINE C3. ANCILLARY CONTACT WITH THE CHILD
The attorney should have meaningful contact with the child at least every six months, even if a
court hearing is not scheduled. The attorney should seek to obtain notice of emergencies and
significant events involving the child between court hearings. Upon receiving notice of such an
event (for example, a change of placement), the attorney should interview or observe the child
within a reasonable time. As necessary or appropriate to the representation, the attorney should
attend treatment, placement, and administrative hearings, and other proceedings, as well as
school case conferences or staffing conferences concerning the child.
GUIDELINE C4. CONTINUITY OF REPRESENTATION
The attorney should continue to represent the child after the initial court proceeding, including at
disposition review hearings, permanency planning hearings, and related TPR and adoption
proceedings.
D. ATTORNEY INVESTIGATION
GUIDELINE D1. INDEPENDENT INVESTIGATION
The child's attorney should conduct a thorough and independent investigation as necessary or
appropriate to the representation. This investigation may include the following:
a. obtaining and reviewing the child's social services, psychiatric, psychological, drug and
alcohol, medical, law enforcement, school, and other records relevant to the case;
b. interviewing or observing the child before all court hearings and when apprised of
emergencies or significant events affecting the child;
c. interviewing school personnel and other professionals and potential witnesses;
d. interviewing the child's caretaker(s), with the permission of their attorney when necessary,
concerning the type of services the child currently receives and the type of services the child
needs; and
e. reviewing all relevant evidence.
At each stage of the investigation, the attorney should be familiar with the child's position.
GUIDELINE D2. NON-VERBAL CHILD WITHOUT CONSIDERED JUDGMENT
For a non-verbal child who does not have considered judgment, the attorney should observe that
child in the child's environment and conduct a thorough investigation. The investigation should
include, at a minimum, contact with the child's caretaker, teacher, physician, and caseworker to
obtain information about the status of the child.
E. INVOLVEMENT IN THE COURT PROCESS
GUIDELINE E1. PRE-TRIAL STAGES
a. If the child has considered judgment, the attorney should develop a position and strategy
concerning every relevant aspect of the proceedings. When developing the child's legal position,
the attorney should ensure that the child is given advice and guidance and all information
necessary to make an informed decision.
b. The attorney should explain to the child in a manner appropriate to the child's level of
development what is expected to happen before, during, and after each hearing.
c. Consistent with the child's wishes, or the best interests of a child without considered
judgment, the attorney should seek to obtain appropriate services, including services for children
with physical, mental, or developmental disabilities.
GUIDELINE E2. TRIAL STAGES
a. The attorney should attend all hearings involving the child and participate in all telephone or
other conferences with the court unless a particular hearing involves issues completely unrelated
to the child.
b. The attorney should present a case and make appropriate motions, including, when
appropriate, introducing independent evidence and witnesses and cross-examining witnesses.
c. During all hearings, the attorney should preserve legal issues for appeal, as appropriate.
d. Consistent with the wishes of a child with considered judgment, the attorney should try to
ensure timely hearings and oppose unwarranted continuances or postponements.
GUIDELINE E3. POST-TRIAL STAGES
a. Following the hearing, if consistent with the attorney's representation of the child's position,
the attorney should seek a written court order to be given to the parties, containing at a
minimum:
(1) required findings of fact and conclusions of law;
(2) the date and time of the next hearing;
(3) required notices;
(4) actions to be taken by each party, including the agency(ies), and custodians;
(5) appropriate statutory timelines; and
(6) the names of the parties who were present at the hearing.
b. The attorney should consider and discuss with the child the possibility and ramifications of an
appeal and, when appropriate, take all steps necessary to note an appeal or participate in an
appeal filed by another party.
F. LAWYER TRAINING
GUIDELINE F1. INITIAL TRAINING OR EXPERIENCE
Before accepting a case, a lawyer who does not have sufficient experience in providing legal
representation to children in CINA and related TPR and adoption cases should participate in
formal training and education related to this area of practice. The lawyer should satisfy the court
and, if applicable, the entity responsible for payment of the lawyer that the lawyer has sufficient
skill and experience in child advocacy. The lawyer should participate in available training and
education, including in-house training.
GUIDELINE F2. SUBSTANCE OF TRAINING
Lawyers who seek to represent children in these proceedings are encouraged to seek training and
education in such subjects as:
a. the role of child's counsel;
b. assessing considered judgment;
c. basic interviewing techniques;
d. child development: cognitive, emotional, and mental stages;
e. federal and state statutes, regulations, rules, and case law;
f. overview of the court process and key personnel in child-related litigation;

g. applicable guidelines and standards of representation;
h. family dynamics and dysfunction, including substance abuse and mental illness;
i. related issues, such as domestic violence, special education, mental health, developmental
disability systems, and adult guardianships;
j. social service agencies, child welfare programs, and medical, educational, and mental health
resources for the child and family; and
k. written materials, including related motions, court orders, pleadings, and training manuals.
G. ROLE OF THE COURT
If the court becomes aware that an attorney is not following these Guidelines, the court may
encourage compliance by taking one or more of the following steps, as appropriate:
(1) alert the individual attorney that the attorney is not in compliance with the Guidelines;
(2) alert relevant government agencies or firms that the attorney is not complying with the
Guidelines;
(3) alert the entity(ies) responsible for administering the contracts for children's representation
that the attorney appointed to represent children is not complying with the Guidelines; and
(4) appoint another attorney for the child.
MARYLAND RULES
APPENDIX: MARYLAND GUIDELINES FOR PRACTICE FOR COURT-APPOINTED
LAWYERS REPRESENTING CHILDREN IN CASES INVOLVING CHILD CUSTODY OR
CHILD ACCESS
Md. Rule cal (2012)
APPENDIX: MARYLAND GUIDELINES FOR PRACTICE FOR COURT-APPOINTED

LAWYERS REPRESENTING CHILDREN IN CASES INVOLVING CHILD CUSTODY OR
CHILD ACCESS
Introduction and Scope
These Guidelines are intended to promote good practice and consistency in the appointment and
performance of lawyers for children in cases involving child custody and child access decisions.
However, the failure to follow a Guideline does not itself give rise to a cause of action against a
lawyer nor does it create any presumption that a legal duty has been breached. These Guidelines
apply to divorce, custody, visitation, domestic violence, and other civil cases where the court
may be called upon to decide issues relating to child custody or access. Nothing contained in the
Guidelines is intended to modify, amend, or alter the fiduciary duty that an attorney owes to a
client pursuant to the Maryland Lawyers' Rules of Professional Conduct.
These Guidelines do not apply to Child In Need of Assistance ("CINA"), Termination of

Parental Rights ("TPR"), or adoption cases. The appointment and performance of attorneys
appointed to represent children in those cases is addressed by the Guidelines of Advocacy for
Attorneys Representing Children in CINA and Related TPR and Adoption Proceedings.
1. Definitions. A court that appoints counsel for a minor child in a case involving child custody
or child access issues should clearly indicate in the appointment order, and in all
communications with the attorney, the parties, and other counsel, the role expected of child's
counsel. The terminology and roles used should be in accordance with the definitions in
Guidelines 1.1 -- 1.3.
1.1. Child's Best Interest Attorney. "Child's Best Interest Attorney" means a lawyer appointed by
a court for the purpose of protecting a child's best interests, without being bound by the child's
directives or objectives. This term replaces the term "guardian ad litem." The Child's Best
Interest Attorney makes an independent assessment of what is in the child's best interest and
advocates for that before the court, even if it requires the disclosure of confidential information.
The best interest attorney should ensure that the child's position is made a part of the record
whether or not different from the position that the attorney advocates.
1.2. Child's Advocate Attorney. "Child's Advocate Attorney" means a lawyer appointed by a
court to provide independent legal counsel for a child. This term replaces the less specific phrase,
"child's attorney." A Child's Advocate Attorney owes the child the same duties of undivided
loyalty, confidentiality, and competent representation as are due an adult client. A Child's
Advocate Attorney should be appointed when the child is need of a voice in court, such as in
relocation cases, when there are allegations of child abuse, or where the child is sufficiently
mature and sees his or her interests as distinct from the interests of the child's parents.
1.3. Child's Privilege Attorney. "Child's Privilege Attorney" means a lawyer appointed by a court
in a case involving child custody or child access to decide whether to assert or waive, on behalf
of a minor child, any privilege that the child if an adult would be entitled to assert or waive. This
term replaces the term "Nagle v. Hooks Attorney." (Nagle v. Hooks, 296 Md. 123 (1983)). The
court may combine the roles of Child's Privilege Attorney with either of the other two roles.
2. Responsibilities.
2.1. Determining considered judgment. The attorney should determine whether the child has
considered judgment. To determine whether the child has considered judgment, the attorney
should focus on the child's decision-making process, rather than the child's decision. The
attorney should determine whether the child can understand therisks and benefits of the child's
legal position and whether the child can reasonably communicate the child's wishes. The
attorney should consider the following factors when determining whether the child has
considered judgment:
(1) the child's developmental stage:
(a) cognitive ability,
(b) socialization, and
(c) emotional and mental development;
(2) the child's expression of a relevant position:
(a) ability to communicate with the attorney, and
(b) ability to articulate reasons for the legal position; and
(3) relevant and available reports, such as reports from social workers, psychiatrists,
psychologists, and schools.
A child may be capable of considered judgment even though the child has a significant cognitive
or emotional disability.
In determining considered judgment, the attorney may seek guidance from professionals, family
members, school officials, and other concerned persons. The attorney also should determine
whether any evaluations are needed and request them when appropriate.
An attorney should be sensitive to cultural, racial, ethnic, or economic differences between the
attorney and the child.
2.2. Child's Best Interest Attorney. A Child's Best Interest Attorney advances a position that the
attorney believes is in the child's best interest. Even if the attorney advocates a position different
from the child's wishes, the attorney should ensure that the child's position is made a part of the
record. A Child's Best Interest Attorney may perform the following duties in exercising the
attorney's obligation to the client and the court, as appropriate:
(a) Meet with and interview the child, and advise the child of the scope of the representation.
(b) Investigate the relative abilities of the parties in their roles as parents or custodians.
(c) Visit the child in each home.
(d) Conduct individual interviews with parents, other parties, and collateral witnesses.
(e) Observe the child's interactions with each parent and each other party, individually.
(f) Review educational, medical, dental, psychiatric, psychological, or other records.

(g) Interview school personnel, childcare providers, healthcare providers, and mental health
professionals involved with the child or family.
(h) File and respond to pleadings and motions.
(i) Participate in discovery.
(j) Participate in settlement negotiations.
(k) Participate in the trial, including calling witnesses and presenting evidence and argument, as
appropriate.
(l) If the child is to meet with the judge or testify, prepare the child, familiarizing the child with
the places, people, procedures, and questioning that the child will be exposed to, and seek to
minimize any harm to the child from the process.
(m) Inform the child in a developmentally appropriate manner when the representation is
ending.
A Child's Best Interest Attorney shall not testify at trial or file a report with the court.
2.3. Child's Advocate Attorney. If a Child's Advocate Attorney determines that the child has
considered judgment, the attorney advances the child's wishes and desires in the pending matter.
If a Child's Advocate Attorney determines that the child does not have considered judgment, the
Child's Advocate Attorney should petition the court to (1) alter the attorney's role to permit the
attorney to serve as a Child's Best Interest Attorney or (2) appoint a separate Child's Best Interest
Attorney. A Child's Advocate Attorney may perform the following duties in exercising the
attorney's obligation to the child and the court, as appropriate:
(b) Investigate the relative abilities of the parties in their role as parents or custodians.
(c) Visit the child in each home.
(d) Conduct individual interviews with parents, other parties, and collateral witnesses.
(e) Observe the child's interactions with each parent and each other party, individually.
(f) Review educational, medical, dental, psychiatric, psychological, or other records.
(g) Interview school personnel, childcare providers, healthcare providers, and mental health
professionals involved with the child or family.
(h) File and respond to pleadings and motions.

(i) Participate in discovery.
(j) Participate in settlement negotiations.
(k) Participate in the trial, including calling witnesses and presenting evidence and argument, as
appropriate.
(l) If the child is to meet with the judge or testify, prepare the child, familiarizing the child with
the places, people, procedures, and questioning that the child will be exposed to, and seek to
minimize any harm to the child from the process.
(m) Inform the child in a developmentally appropriate manner when the representation ends.
A Child's Advocate Attorney shall not testify at trial or file a report with the court.
2.4. Child's Privilege Attorney. A Child's Privilege Attorney notifies the court and the parties of
the attorney's decision to waive or assert the child's privilege by (1) filing a document with the
court prior to the hearing or trial at which the privilege is to be asserted or waived or (2) placing
the waiver or assertion of privilege on the record at a pretrial proceeding or the trial.
A Child's Privilege Attorney may perform the following duties in exercising the attorney's
obligation to the child and the court, as appropriate:
(b) Interview any witnesses necessary to assist the attorney in determining whether to assert or
waive the privilege.
(c) Review educational, medical, dental, psychiatric, psychological, or other records.
3. Conflicts of interest. An attorney who has been appointed to represent two or more children
should remain alert to the possibility of a conflict that could require the attorney to decline
representation or withdraw from representing all of the children.
If a conflict of interest develops, the attorney should bring the conflict to the attention of the
court as soon as possible, in a manner that does not compromise either client's interests.
4. Training and continuing education. Unless waived by the court, an attorney appointed as a
Child's Best Interest Attorney, Child's Advocate Attorney, or Child's Privilege Attorney should
have completed at least six hours of training that includes the following topics:
(a) applicable representation guidelines and standards;
(b) children's development, needs, and abilities at different stages;
(c) effectively communicating with children;

(d) preparing and presenting a child's viewpoint, including child testimony and alternatives to
direct testimony;
(e) recognizing, evaluating, and understanding evidence of child abuse and neglect;
(f) family dynamics and dysfunction, domestic violence, and substance abuse;
(g) recognizing the limitations of attorney expertise and the need for other professional
expertise, which may include professionals who can provide information on evaluation,
consultation, and testimony on mental health, substance abuse, education, special needs, or other
issues; and
(h) available resources for children and families in child custody and child access disputes.
Each court should require attorneys seeking appointments as child counsel to maintain their
knowledge of current law and complete a specific amount of additional training over a defined
interval.
5. Qualifications. An attorney appointed to serve as a Child's Best Interest Attorney, Child's

Advocate Attorney, or Child's Privilege Attorney should, as a minimum:
(a) be a member of the Maryland Bar in good standing, with experience in family law, or have
been approved to represent children through a pro bono program approved by the bench; and
(b) unless waived by the court, have successfully completed the six hours of training specified in
Guideline 4.
In addition, courts should seek to appoint attorneys who:
(a) are willing to take at least one pro bono appointment as child counsel per year, and
(b) have at least three years of family law experience or other relevant experience. In evaluating
relevant experience, the court may consider the attorney's experience in social work, education,
child development, mental health, healthcare, or other related fields.
6. Compensation.
6.1. Compensation structure. Each court should develop a compensation structure for the three
roles of child counsel: Child's Best Interest Attorneys, Child's Advocate Attorneys, and Child's
Privilege Attorneys.
6.2. Compensation mechanism. Each court should take steps to ensure that child counsel are
compensated adequately and in a timely fashion, unless the attorney has been asked to serve pro
bono publico. Courts may use the following mechanisms to ensure attorney compensation:
(a) Require one or more of the parties to deposit a significant retainer amount or a fixed fee
determined by the court into an attorney escrow account or the court's registry.
(b) If a party qualifies for a fee waiver, compensate child counsel out of available funds. See
Guideline 6.3.
(c) Enter a judgment for any unpaid fees.
6.3. Fee waivers. Each court should prepare its budget to ensure that it has sufficient funds to
cover the expense of counsel fees for children when the parties are not able to pay the full fees,
or the court should develop a pro bono publico component to its program to provide counsel for
children.
Each court should apply the same fee waiver procedure, forms, and standard for the appointment
of child counsel that are set forth in the Guidelines for Grant Recipients for all family services
funded by the Family Divisionamily Services Program Grants. If a fee waiver is granted, the
court should apply a cap on compensation that is appropriate to the role for which child counsel
is appointed.

MARYLAND RULES
APPENDIX: MARYLAND CODE OF CONDUCT FOR COURT INTERPRETERS
Md. Rule cci (2012)
APPENDIX: MARYLAND CODE OF CONDUCT FOR COURT INTERPRETERS
Preamble
In the absence of a court interpreter, many persons who come before the courts are partially or
completely excluded from full participation in the proceedings because they have limited
proficiency in the English language, have a speech impairment, or are deaf or hard of hearing. It
is essential that the resulting communication barrier be removed, as far as possible, so that these
persons are placed in the same position and enjoy equal access to justice as similarly situated
persons for whom there is no such barrier. As officers of the court, interpreters help to ensure
that these persons enjoy equal access to justice and that court proceedings and court support
services function efficiently and effectively.
Applicability
This Code shall guide and be binding upon all certified interpreters and interpreters eligible for
certification, as those terms are defined in Rule 16-819, and all agencies and organizations that
administer, supervise the use of, or deliver interpreting services in the courts of this State.
Canon 1
Accuracy and Completeness
Interpreters shall render a complete and accurate interpretation or sight translation, without
altering, omitting, or adding anything to what is stated or written and without explanation.
Commentary
The interpreter has a twofold duty: 1) to ensure that the proceedings reflect precisely what was
said, and 2) to place the person with limited English proficiency on an equal footing with those
who understand English. This creates an obligation to conserve every element of information
contained in a source language communication when it is rendered in the target language.
Therefore, interpreters are obligated to apply their best skills and judgment to preserve faithfully
the meaning of what is said in court, including the style or register of speech. Verbatim, "word
for word," or literal oral interpretations are not appropriate if they distort the meaning of the
source language, but every spoken statement, even if it appears non-responsive, obscene,
rambling, or incoherent, should be interpreted. This includes apparent misstatements.
Interpreters should never interject their own words, phrases, or expressions. If the need arises to
explain an interpreting problem (e.g., a term or phrase with no direct equivalent in the target
language or a misunderstanding that only the interpreter can clarify), the interpreter should ask
the court's permission to provide an explanation. Interpreters should convey the emotional
emphasis of the speaker without reenacting or mimicking the speaker's emotions or dramatic
gestures.
Sign language interpreters, however, must employ all of the visual cues that the language that
they are interpreting requires -- including facial and spatial grammar.
The obligation to preserve accuracy includes the interpreter's duty to correct any error of
interpretation discovered by the interpreter during the proceeding.
Interpreters should demonstrate their professionalism by objectively analyzing any challenge to

their performance.
Canon 2
Representation of Qualifications
Interpreters shall accurately and completely represent their certifications, training, and
pertinent experience.
Commentary
Acceptance of a case by an interpreter conveys linguistic and interpreting competency in legal

settings. Withdrawing or being asked to withdraw from a case after it begins causes a disruption
of court proceedings and is wasteful of scarce public resources. It is therefore essential that, prior
to appointment, interpreters present a complete and truthful account of their training,
certification, and experience, so the officers of the court can fairly evaluate their qualifications
for delivering interpreting services.
Canon 3
Impartiality and Avoidance of Conflict of Interest
Interpreters shall be impartial and unbiased and shall refrain from conduct that may give an
appearance of bias. Interpreters shall disclose any real or perceived conflict of interest.
Commentary
The interpreter serves as an officer of the court, and the interpreter's duty in a court proceeding is
to serve the court and the public to which the court is a servant. This is true regardless of whether
the interpreter is retained publicly at government expense or privately at the expense of one of
the parties.
Interpreters should avoid any conduct or behavior that presents the appearance of favoritism
toward any of the parties. Interpreters should maintain professional relationships with the
participants and should not take an active part in any of the proceedings.
During the course of the proceedings, interpreters should not converse with parties, witnesses,
prospective, qualified, or sworn jurors, attorneys, or law enforcement officers or with friends or
relatives of any party, except in the discharge of official functions. It is especially important that
interpreters who are familiar with courtroom personnel refrain from casual and personal
conversations that may convey an appearance of a special relationship with or partiality to any of
the court participants.
Interpreters should strive for professional detachment. Verbal and non-verbal displays of
personal attitudes, prejudices, emotions, or opinions should be avoided at all times.
Whenever an interpreter becomes aware that a proceeding participant views the interpreter as
having a bias or being biased, the interpreter should disclose that knowledge to the appropriate
judicial authority and counsel.
Any condition that interferes with the objectivity of an interpreter constitutes a conflict of
interest. Before providing services in a matter, court interpreters must disclose to all parties and
presiding officials any prior involvement, whether personal or professional, that could be
reasonably construed as a conflict of interest. This disclosure should not include privileged or
confidential information.
The following are circumstances that are presumed to create actual or apparent conflicts of
interest for interpreters so that they should not serve:
1. The interpreter is a friend, associate, or relative of a party or counsel involved in the

proceedings;
2. The interpreter has served in an investigative capacity for any party to the case;
3. The interpreter was retained by a law enforcement agency to assist in the preparation of the
civil or criminal case at issue;
4. The interpreter or the interpreter's spouse or child has a financial interest in the subject matter
in controversy or in a party to the proceeding or has any other interest that would be affected by
the outcome of the case;
5. The interpreter has been involved in the choice of counsel or law firm for that case.
Interpreters should disclose to the court and other parties whenever they have been retained
previously for private employment by one of the parties in the case.
Interpreters should not serve in any matter in which payment for their services is contingent upon
the outcome of the case.
An interpreter who is also an attorney should not serve in both capacities in the same matter.
Canon 4
Professional Demeanor
Interpreters shall conduct themselves in a manner consistent with the dignity of the court and
shall be as unobtrusive as possible.
Commentary
Interpreters should know and observe the established protocol, rules, and procedures for
delivering interpreting services. Interpreters should work without drawing undue or inappropriate
attention to themselves.
Interpreters should avoid obstructing the view of any of the individuals involved in the
proceedings. However, the positioning of interpreters should be conducive to receiving effective
communications.
Canon 5
Confidentiality
Interpreters shall protect the confidentiality of all privileged and other confidential information.
Commentary
The interpreter must protect and uphold the confidentiality of all privileged information obtained
during the course of her or his duties. It is especially important that the interpreter understand
and uphold the attorney-client privilege, which requires confidentiality with respect to any
communication between attorney and client. This rule also applies to other types of privileged
communications.
Interpreters must also refrain from repeating or disclosing information that is obtained by them in
the course of their employment and that may be relevant to the legal proceeding.
In the event that an interpreter becomes aware of information that suggests imminent harm to
someone or relates to a crime being committed during the course of the proceedings, the
interpreter should immediately disclose the information to an appropriate authority within the
judiciary who is not involved in the proceeding and seek advice in regard to the potential conflict
in professional responsibility.
Canon 6
Restriction of Public Comment
Interpreters shall not publicly discuss, report, or offer an opinion concerning a matter in which
they are or have been engaged, even when that information is not privileged or required by law
to be confidential.
Canon 7
Scope of Practice
While serving as interpreters, interpreters shall limit themselves to interpreting or translating

and shall not give legal advice, express personal opinions to individuals for whom they are
interpreting, or engage in any other activities which may be construed to constitute a service
other than interpreting or translating.
Commentary
Since interpreters are responsible only for enabling others to communicate, they should limit
themselves to the activity of interpreting or translating.
Interpreters should refrain from initiating communications while interpreting, except as

necessary for ensuring an accurate and faithful interpretation. Interpreters may be required to
initiate communications during a proceeding when they find it necessary to seek assistance in
performing their duties. Examples of such circumstances include seeking direction when unable
to understand or express a word or thought, requesting speakers to moderate their rate of
communication or to repeat or rephrase something, correcting their own interpreting errors, or
notifying the court of reservations about their ability to satisfy an assignment competently. In
such instances, interpreters should make it clear that they are speaking for themselves.
An interpreter may convey legal advice from an attorney to a person only while that attorney is
giving it. An interpreter should not explain the purpose of forms or services or otherwise act as
counselors or advisors but, rather, merely interpret for someone who is acting in that official
capacity. The interpreter may translate language on a form for a person who is filling out the
form but may not explain the form or its purpose for such a person.
The interpreter should not perform acts that are the official responsibility of other court officials
including, but not limited to, court clerks, pretrial release investigators or interviewers, or
probation counselors.
Canon 8
Assessing and Reporting Impediments to Performance
Interpreters shall assess at all times their ability to deliver their services. When interpreters have
any reservation about their ability to satisfy an assignment competently, they shall immediately
convey that reservation to the appropriate judicial authority.
Commentary
Interpreters should notify the appropriate judicial authority whenever the communication mode
or language of the persons with limited English proficiency cannot be interpreted readily.
Interpreters should notify the appropriate judicial authority about any environmental or physical
limitation that impedes or hinders their ability to deliver interpreting services adequately (e.g.,
the courtroom is not quiet enough for the interpreter to hear or be heard, more than one person at
a time is speaking, or principals or witnesses are speaking too rapidly for the interpreter to
interpret adequately). Sign language interpreters must ensure that, prior to commencement of the
proceeding, they are positioned visually in the most appropriate position for the deaf or hard of
hearing person to convey and receive the communication. The proceeding should not begin, even
by permitting the attorneys to identify themselves for the record, until the sign language
interpreter is positioned properly. Immediately after the attorneys have identified themselves, the
interpreter oath should be administered, regardless of the type of proceeding.
Interpreters should notify the presiding officer of the need to take periodic breaks to maintain
mental and physical alertness and to prevent interpreter fatigue. Interpreters should recommend
and encourage the use of a relay interpreter and/or interpreter teams as necessary.
Interpreters are required to inquire as to the nature of a case before accepting an assignment. This
enables interpreters to match their professional qualifications, skills, and experience more closely
to potential assignments, to assess more accurately their ability to satisfy those assignments
competently, and to identify any personal bias arising from the nature of the case.
Even competent and experienced interpreters may encounter situations in which routine
proceedings involve unanticipated technical or specialized terminology unfamiliar to the
interpreter (e.g., the unscheduled testimony of an expert witness). When such instances occur,
interpreters should request a recess for a sufficient amount of time to familiarize themselves with
the terminology. If familiarity with the terminology requires extensive time or more intensive
research, interpreters should inform the presiding officer.
Interpreters should refrain from accepting a case whenever they feel the language or subject
matter of that case is likely to exceed their skills or capacities. Interpreters should feel no
compunction about notifying the presiding officer if they feel unable to perform competently,
due to lack of familiarity with terminology, lack of preparation, or difficulty in understanding a
witness or defendant.
Canon 9
Duty to Report Ethical Violations
Interpreters shall report to the proper judicial authority any effort to impede their compliance
with any law, any provision of this Code, or any other official policy governing court
interpreting and legal translating.
Commentary
Since users of interpreting services frequently misunderstand the proper role of the interpreter,
they may ask or expect the interpreter to perform duties or engage in activities that run counter to
the provisions of this Code or of laws, regulations, or policies governing court interpreters. It is
incumbent upon the interpreter to inform such persons of his or her professional obligations. If,
having been apprised of these obligations, the person persists in demanding that the interpreter
violate them, the interpreter should ask a supervisory interpreter, a judge, or another official with
jurisdiction over interpreter matters to resolve the situation.
Canon 10
Professional Development
Interpreters shall continually improve their skills and knowledge and advance the profession
through activities such as professional training and education and interaction with colleagues
and specialists in related fields.
Commentary
Interpreters must continually strive to increase their knowledge of the languages in which they
work professionally, including past and current trends in technical, vernacular, and regional
terminology as well as their application within court proceedings.
Interpreters should keep informed of all statutes, rules of courts and policies of the judiciary that
relate to the performance of their professional duties.
Interpreters should seek to elevate the standards of the profession through participation in
workshops, professional meetings, interaction with colleagues, and reading of current literature
in the field.
Canon 11
Compliance
After notice and a reasonable opportunity to respond, the Administrative Office of the Courts
may remove an interpreter from the list of court interpreters.
HISTORY: (Amended May 8, 2007, effective July 1, 2007; Dec. 4, 2007, effective Jan. 1,
2008.)
MARYLAND RULES
APPENDIX: COURT INTERPRETER INQUIRY QUESTIONS
Md. Rule Appendix (2012)
APPENDIX: COURT INTERPRETER INQUIRY QUESTIONS
Following is an excerpt from the October 20, 1998 Report of the Maryland Judicial
Conference Advisory Committee on Interpreters.
Interpreter Voir Dire Questions*: * Adapted from William Mitchell School of Law, Legal
Interpreting Workshop, 1981, conducted by Anna Witter-Merithew and Jill Hartman. Revised in
1986 by the authors. Revised in 1994 by the Maryland Judicial Conference's Task Force on
Interpreters. Revised in May, 1997 by the Advisory Committee on Interpreters' Subcommittee on
Court Interpreter Fees, Qualification Standards and usage.
These questions are intended to elicit from a prospective interpreter, whether sign or spoken, the
information that the Court needs to determine whether an individual is a competent court
interpreter and whether the individual is the appropriate interpreter for the particular case. A few
questions are appropriate only to a sign or a spoken language interpreter. In the event that the
interpreter is considered "certified" in Maryland, the voir dire need not be as extensive.
(1) State your full name and address.
(2) Where are you employed currently?
(3) How long have you known [sign/spoken language]?
(4) Where did you learn [sign/spoken language]?
(5) Can you communicate fluently in [sign/spoken language]?
(6) What is your educational background?

(7) What formal interpreter training have you undertaken?
(8) What formal legal interpreter training have you undertaken?
(9) What knowledge and skill areas did you study?
(10) Have you attended the Maryland Judiciary's Orientation Workshop for Court Interpreters?
(11) Are you certified? By whom? What is your certification called?
(12) Please explain the certification process?
Questions 13 through 19 need not be asked if the interpreter is "certified" for purposes of
Maryland courts.
(13) Have you spent time in a country where your spoken language is used?
(14) Are you active in any professional organization?
(15) What do "RID" and "NAJIT" mean?
(16) How many times have you interpreted in court and in what kinds of situations have you
interpreted?
(17) Have you met (the person for whom interpreter services are to be provided)?
(18) Were you able to establish communication?
(19) How could you determine that you were being understood and that communication was
established?
(20) What language does the person use?
(21) How did you determine the language used?
(22) How long did it take you to determine the language used?
(23) In your opinion, is the deaf person American Sign Language-English bilingual?
Questions 24 through 30 need not be asked if the interpreter is "certified" for purposes of
Maryland courts.
(24) Please explain the difference between interpreting and transliterating. Between interpreting
and translation.
(25) Can you define "minimal language skills"?

(26) Is it possible to sign in American Sign Language at the same time you are speaking in
English?
(27) Will the interpretation you provide today be verbatim?
(28) What process would you use to inform the Court of an error in your interpretation?
(29) Can you explain the difference between simultaneous and consecutive interpretation?
(30) What issues significantly affect your interpreting in court?
(31) Have you submitted to the Administrative Office of the Courts a completed information
form, a statement swearing or affirming compliance with the Maryland Code of Conduct for
Court Interpreters and a statement subscribing to the Interpreter's Oath?
(32) Have you, in a state or federal court of record, a pending criminal charge or criminal
conviction on a charge punishable by a fine of more than $ 500 or imprisonment for more than 6
months and not pardoned or expunged?
(33) Are you a potential witness in this case?
(34) Do you have any other potential conflicts of interests that you have not yet mentioned to the
Court?
(35) Are you ready to take the oath for interpreters?
Explanation of Responses to Voir Dire Questions for Interpreters*: * Adapted from William
Mitchell School of Law, Legal Interpreting Workshop, 1981, conducted by Anna Witter-
Merithew and Jill Hartman. Revised in 1986 by the authors. Revised in 1994 by the Maryland
Judicial Conference's Task Force on Interpreters. Revised in May, 1997 by the Advisory
Committee on Interpreters' Subcommittee on Court Interpreter Fees, Qualification Standards and
usage.
The following is an explanation or suggested responses to the voir dire questions used to
determine the qualifications of interpreters working in Maryland courts. In some instances, the
appropriateness of the response will depend on whether a sign or spoken language interpreter is
being questioned.
(1) State your full name and address.
No explanation needed.
(2) Where are you employed currently?
The Court needs to determine whether there is any potential conflict due to full- or part-time
employment of an interpreter or assignments as an independent contractor. For example, some
police forces employ bilingual officers who freelance as interpreters. The Court may need to
evaluate whether a conflict arises from that employment in, e.g., a vehicle tort case.
Interpreters may be self employed, "freelance" interpreters, may work through interpreter service
agencies, or do both. In certain localities, such as Frederick or Columbia, a number of certified
interpreters work full-time at the schools for the deaf and freelance on a part-time basis.
(3) How long have you known [sign/spoken] language?
Research indicates that it takes between 6 to 10 years of language study before an individual has
the language skills necessary to learn the interpreting process in his or her second language.
An interpreter may indicate that the signed or spoken language is his or her first language.
(4) Where did you learn [sign/spoken language]?
The answer to this question reinforces the answer to question 3, indicating whether the language
was learned in the home in which the interpreter was raised, in school, or in some combination of
these or other settings. A mix of formal and informal language training is an asset. For a second
language, 6 to 10 years' use should be expected.
(5) Can you communicate fluently in [sign/spoken language]?
The answer to this question should be "yes".
On occasion, a deaf person will use a language other than American Sign Language (ASL) such
as French Sign Language, and an interpreter may be available in that language. Thus, if the Court
inquires about ASL specifically, the answer may be "No, I do not use American Sign Language;
however, the individual for whom I am to interpret uses French Sign Language, which I do use."
(6) What is your educational background?
Formal education may vary dramatically among interpreters, depending on their cultural
heritage, but the Court should realize the complexity of interpreting. For this reason, the Court is
urged not to accept an interpreter on the basis of a voir dire examination unless the interpreter
has at least a high school education or its cultural equivalent.
(7) What formal interpreter training have you undertaken?
The advent of formal postsecondary programs for interpreters is relatively recent, but the number
of programs are growing in recognition that interpreter training differs from general, non-
interpreting language training.
Such programs for sign language interpreting degree programs have been offered since the
1970's, usually at a 2-year associate of arts level. About 10, 4-year interpreting programs exist
throughout the country and, within the vicinity of Maryland, 2 master's degree interpreting
programs are available. Additionally or in the alternative, the interpreter may have less formal
training such as completion of workshops through professional organizations.
An individual with no formal interpreter training should be questioned to document non-formal

training.
(8) What formal legal interpreter training have you undertaken?
Resources for formal training in legal interpreting have not stabilized. Over the past 10 years,
intensive programs have been offered through California State University/Northridge (6 weeks),
Advancement Seminars Inc. (3 weeks), Haury Institute for Court Interpreting (3 weeks), and
Montclair State University (3 weeks). Less intensive courses include those of the Galluadet
University School of Professional and Sign Language Studies Department (4 days), Potomac
Chapter of the Registry of Interpreters for the Deaf (4 days), and the Bicultural Center formerly
of Riverdale, Maryland (2 days).
(9) What knowledge and skill areas did you study?
Interpreters who have had legal training have studied the vocabulary of the law and the manner
in which language is used in the courtroom. In addition, these interpreters have spent
considerable time interpreting legal texts. The interpreter training programs for legal interpreting
include course work on courtroom protocol and legal interpreting ethics. Interpreters also should
have successfully participated in supervised fieldwork prior to completing the program. Each of
these subject areas is extensive and a competent interpreter should be able to explain each
thoroughly.
Sign language interpreters also study how deaf people use American Sign Language to discuss
legal topics.
(10) Have you attended the Maryland Judiciary's Orientation Workshop for Court Interpreters?
The answer should be "yes", as this is required under the Administrative Order issued on
December 7, 1995. This workshop includes components on legal terminology, ethics, and skills
but is merely a 2-day overview and not an intensive course.
(11) Are you certified? By whom? What is your certification called?
The answer to the first of these questions preferably is "yes", but the Court should be aware that
"certified" often is used loosely. Refer to the next answer for an explanation of the various types
of certification credentials.
For a sign language interpreter, certification is offered throughout the United States by the
Registry of Interpreters for the Deaf, Inc. (RID), which has several types of certificates.
Additionally, the National Association of the Deaf (NAD), the Mid-Atlantic Quality Assurance
Test developed by the Kansas Commission for the Hearing Impaired in cooperation with the
Johnson County Community College, and some states also establish levels that some courts use
in determining competency in sign language interpretation and that may denote an interpreter as
"certified". As these categories are not in general use in this area at this time, however, the
following discussion describes RID certification. As the RID certification process is in transition,
you may wish to contact its FAX on Demand number (800-711-3691) for a document entitled
"Explanation of Certificates".
After a lapse of almost 10 years, RID has renewed testing for skills and specialized knowledge of
legal settings and terminology, as evidenced by a Specialist Certificate: Legal (SCRID
previously issued Specialist Certificate: Legal (SCbut discontinued doing so when the reliability
of the testing procedures were questioned. Various training programs were instituted, leading to
the Provisional Specialist Certificate: Legal (Prov. SCfor intensive training and testing, the
Conditional Legal Interpreting Permit (CLIP) and Conditional Legal Interpreting Permit-Relay
(CLIP-R) certificates for training followed by a supervision component.
A revamped SCexamination has been developed. SCProv. and CLIP holders must take and pass
the new examination to retain specialized certification in legal settings. CLIP-R certificates will
remain valid until RID develops an appropriate examination.
Other current RID certificates are: the Certificate of Interpretation (CI), which is indicative of a
demonstrated ability to interpret between American Sign Language and spoken English, both in
sign-to-voice and voice-to-sign; the Certificate of Transliteration (CT), which denotes a
demonstrated ability to transliterate between an English-based sign language (traditionally, but
inaccurately, termed Signed English, Pidgin Sign Language, Ameslan or otherwise) and spoken
English, both in sign-to-voice and voice-to-sign; the combined Certificate of Interpretation and
Certificate of Translation (CI and CT); the Oral Transliteration Certificate (OTC), which denotes
a demonstrated ability to transliterate a spoken message from a hearing person to, and to
understand and repeat the message and intent of the speech and mouth movements of, a deaf or
hard of hearing person; the Certified Deaf Interpreter (CDI), which denotes testing of a deaf or
hard of hearing person with at least 1 year's work experience and 16 hours of training in
interpreting; and the Certified Deaf Interpreter-Provisional (CDI-P), which is awarded for partial
completion of CDI testing.
RID certificates that no longer are issued, but may remain valid so long as RID continuing
education requirements are met, include: the Master Comprehensive Skills Certificate (MCSC),
which denotes testing both of American Sign Language (ASL) and other varieties of sign
language that do not conform to ASL grammar; the Comprehensive Skills Certificate (CSC),
which denotes the same testing as the MCSC, at a lower level but comparable to the current,
combined CI and CT; the Interpretation Certificate/Transliteration Certificate (IC/TC); the
Interpretation Certificate (IC) and the Transliteration Certificate (TC), which were awarded to
persons not scoring sufficiently high marks for the full CSC and, for holders who are deaf
interpreters, is being replaced by the CDI and the CDI-P certificates; the Reverse Skills
Certificate (RSC), which also was awarded to persons not scoring sufficiently high marks; the
Oral Interpreting Certificate: Comprehensive (OICthe Oral Interpreting Certificate: Spoken to
Visible (OICand the Oral Interpreting Certificate: Visible to Spoken (OICbeing phased out by
the OIC; and the Specialist Certificate: Performing Arts (SC
Due to the limitations on the availability of these tests for deaf interpreters and the unique need
for these interpreters for some assignments, some deaf interpreters may have extensive
experience without certification. However, this situation should change with renewed RID
testing.
Similarly, for spoken language interpreters, a number of forms of recognition exist, which are
informally or formally denoted as certification. For purposes of court interpretation, however, an
interpreter should be listed in the Maryland Administrative Office of the Courts' Registry of
Court Interpreters as certified, because Maryland certification standards require, in addition to
passing an examination of the United States Administrative Office of the Courts or State Court
Interpreter Certification Consortium, attendance at a Maryland orientation workshop and, if
practicable, a background check.
(12) Please explain the certification process?
RID certification involves written testing of knowledge as to the ethics of interpreting, the
history of interpreting, the culture of deaf people, the protocol of the interpreting process and the
business of interpreting, followed by an interpretation skills evaluation, and/or transliteration
evaluation. This process is not directed at interpretation in a legal setting, which is evaluated by
written and practical test for the specialist certificate.
(13) Have you spent time in a country where the spoken language is used?
This question is intended to elicit information about time that afforded intensive exposure to, and
use of, the spoken language.
(14) Are you active in any professional organization?
The answer to this question should be "yes". See question 15.
(15) What do "RID" and "NAJIT" mean?
"RID" is the acronym for The Registry of Interpreters for the Deaf, Inc., a professional
membership organization formed in 1964, and certifying sign language interpreters.
"NAJIT" is the National Association of Judiciary Interpreters and Translators.
(16) How many times have you interpreted in court and in what kinds of situations have you
interpreted?
While usage of interpreters in court seems to be growing for every language, it still will be a
rarity to encounter an interpreter with hundred hours of court interpreting experience even in the
most frequently used languages. Furthermore, experience may run the gamut of court
proceedings and is not a guarantee of quality skills. Consequently, the Court needs to elicit
whether an interpreter has professional experience and evaluate that experience in light of the
interpreter's education and testing and the particular court assignment.
(17) Have you met
(the person for whom interpreter services are to be provided)?
The answer should be "yes", for two reasons.
First, an interpreter needs to establish his or her ability to communicate with the person and to
identify any potential communication barriers deriving from the person's unique language
patterns.
Second, the Code of Conduct for Court Interpreters requires an interpreter to disclose prior
contact with the person, in order to have the Court determine whether there is or may appear to
be a conflict of interest. The deaf community and various linguistic groups, and their respective
pools of interpreters, can be very limited in number, and meeting with the person may remind the
interpreter of an earlier contact.
(18) Were you able to establish communication?
The answer should be "yes", or the interpreter cannot fulfill the function of the job.
For example, a deaf person who uses an idiosyncratic variation of sign language may require that
a deaf and hearing interpreter be used as a team. Deaf people with limited English or American
Sign Language skills often benefit from this type of arrangement.
Communication must not only be established but maintained, and the interpreter should bring to
the attention of the Court any difficulty in communicating that subsequently arises, as soon as the
difficulty becomes apparent to the interpreter. Furthermore, the interpreter should suggest that
the Court check on a continuous basis with the individual for whom interpreter services are being
provided, to monitor whether communication is maintained.
(19) How could you determine that you were being understood and that communication was
established?
During the initial meeting between an interpreter and an individual with limited English
proficiency, the interpreter should ask open-ended questions about neutral topics unrelated to the
case, such as the individual's life, current events, or the community, to determine whether the
interpreter and individual understand one another. "Yes" or "no" questions do not suffice. A
perceived problem should be explored by asking the individual to rephrase his or her questions.
If the individual answers appropriately, the interpreter is assured that communication has been
established.
(20) What language does the person use?
The Court needs to establish on the record which language or combination of the 5,000 plus
extant languages is being used. For example, a deaf person may be monolingual-American Sign
Language, monolingual-English, monolingual-other signed language, or bilingual American Sign
Language and English. Most deaf persons are somewhat bilingual by virtue of the fact that they
live in an English speaking environment; however, most are not equally fluent in both languages.
The majority of deaf Americans are described accurately as "American Sign Language dominant
bilingual."
(21) How did you determine the language used?
The answer of a sign language interpreter should discuss the linguistic features that would
indicate whether the person uses American Sign Language (ASL). For example, an ASL user
would use a subject-object-verb or object-subject-verb sentence structure; time and tense
markers would be at or near the beginning of the utterances; adverbs and other grammar would
take place on the face and not in separate signs; complex features, such as sentence structure that
incorporates topic-comment eyebrow markers, would be used; rhetorical question eyebrow
markers would be employed; relative clause eyebrow and head-tilt markers would be used; verbs
would incorporate pronouns; and pronouns would be performed by eye-gaze and not by signs.
(22) How long did it take you to determine the language used?
The answer will vary. If no communication difficulties arise, a reasonable time allows the
interpreter and individual for whom interpreter services are to be provided to become
comfortable communicating. It can, however, take a considerable amount of time, so that the
interpreter and individual should be allowed to decide, within limits, the amount of time they
need.
The crucial point is to allow enough time for the interpreter and individual, as well as the Court
and attorneys, to feel comfortable that communication is effective.
(23) In your opinion, is the deaf person American Sign Language-English bilingual?
The answer will vary, depending on the deaf person. The question is intended to determine the
interpreter's grasp of bilingualism.
(24) Please explain the difference between interpreting and transliterating. Between interpreting
and translation.
Interpretation involves working between two formal languagestransmitting a message from a

source language into an appropriate equivalent message in a target language. Interpreting
requires rearrangement of the syntax of both languages in order to convey the message faithfully.
Transliterating involves changing the form of a single language. Thus, an interpreter might listen
to spoken English or watch a variation of sign language that approximates English and convey
the message in either a signed or spoken form. Transliterating does not necessarily involve
fluency in American Sign Language. Approximately 30% of deaf Americans can be
accommodated satisfactorily with a transliteration.
Translation involves transmitting a message from written form to written form between
languages.
Sight translation is a hybrid of interpretation and translation, whereby an interpreter translates a

written document into a spoken or signed rendition.
(25) Can you define "minimal language skills"?
"Minimal language skills" refers to an absence of, or limitation on, language skills due to limited
education and/or minimal exposure to a community of language users. By virtue of isolation, an
individual may lack fluency in a formal language system such as American Sign Language. If the
Court encounters such an individual, a linguistic evaluation should be performed to determine
the best method of interpretation for that individual.
(26) Is it possible to sign in American Sign Language at the same time you are speaking in
English?
No. American Sign Language and English differ significantly in syntax, making it no more
possible to use American Sign Language and speak English at the same time than to use two
spoken languages simultaneously.
The question derives from the common experience of people who do in fact sign and speak at the
same time in what is called "simultaneous communication", a practice of speaking English while
attempting to sign in a language that approximates English. As 70% of deaf Americans use
American Sign Language and simultaneous communication supposedly is a form of English,
most deaf persons cannot rely on simultaneous communication as an effective means of
courtroom interpretation.
(27) Will the interpretation you provide today be verbatim?
The answer should be "no". Some interpreters will answer "yes" and assume that the Court's
intention is to determine whether, as required by the Code of Conduct for Court Interpreters, they
will interpret the message accurately while retaining the nuances of the language. However, the
assumption may not be clear to counsel or other persons interested in the role of the interpreter.
Verbatim means "word-for-word", which is impossible in interpreting since it would necessitate

a disregard for grammar and other features unique to a language. The interpreter's task is to
convey the source message in the target language appropriately. A proper interpretation will
retain the mood, tone, nuances, and meaning of the speaker to the extent that the target language
has an appropriate equivalent.
(28) What process would you use to inform the Court of an error in your interpretation?
An interpreter has an ethical duty to inform the Court of an error of substance made in
interpretation, and the interpreter should construe "substance" broadly. On the other hand, an
interpreter should not continually interrupt the proceedings to refine the interpretation.
Furthermore, the Court should be notified as soon as possible with the least disruption of the
proceedings.
If the interpreter realizes an error while still interpreting, the proper manner to inform the Court
is to speak in the third person and state something like, "The interpreter erred in conveying the
last question, may Counsel please repeat?" or "The interpreter has erred in interpreting the last
response, the correct interpretation is ...." Otherwise, the interpreter should apprise the Court by
note, during the next break or in some other, unobtrusive manner.
A second interpreter who realizes an error may apprise the first interpreter. Should the first
interpreter refuse to correct a substantive error, the second interpreter has an ethical obligation to
do so.
(29) Can you explain the difference between simultaneous and consecutive interpretation?
Simultaneous interpretation occurs when continuous spoken text is interpreted while the speaker
or signer convey their message. Notwithstanding the word "simultaneous", the interpreter may
allow a lag time of up to two or three sentences, in order to comprehend the message to be
interpreted. The Nuremberg trials were the first notable example of the use of simultaneous
interpretation in court and involved the entire proceedings, but now simultaneous interpretation
is used most often during opening and closing statements, jury instructions or other relatively
uninterrupted segments of spoken text. As explained below, it should not be used during
questioning of a witness.
In consecutive interpreting, an interpreter listens or watches an entire message before beginning

to convey the interpretation. Accordingly, consecutive interpreting can be more accurate, by
obviating the need to guess at the entire message and allowing time to refine the interpretation
after the pressure of continued spoken or signed text is removed. Accordingly, it should always
be used during examination of a witness.
(30) What issues significantly affect your interpreting in court?
Interpreters may view these issues as too numerous to list, but among the obstacles are: the
interpreter's lack of familiarity with legal terminology, process, protocol, and ethics specifically
relating to court interpretation; the Court's, counsels' or parties' lack of understanding of the role
of the interpreter; positioning in the room; and the speed of the spoken text.
(31) Have you submitted to the Administrative Office of the Courts a completed information
form, a statement swearing or affirming compliance with the Maryland Code of Conduct for
Court Interpreters and a statement subscribing to the Interpreter's Oath?
The answer to this question should be "yes" as to the information form, as this is required under
the Administrative Order dated December 7, 1995. The remaining documents will be required
should the Subcommittee report be adopted.
(32) Have you, in a state or federal court of record, a pending criminal charge or criminal
conviction on a charge punishable by a fine of more than $ 500 or imprisonment for more than 6
months and not pardoned or expunged?
The answer should be "no". This is the standard for juror qualification, although Courts Article
8-204 as to disclosures by prospective jurors contains an exclusion for traffic offenses.
(33) Are you a potential witness in this case?
The answer should be "no".
(34) Do you have any other potential conflicts of interests that you have not yet mentioned to the
Court?
In addition to conflicts that may stem from the interpreter's employment or a prior relationship
with the individual for whom he or she would be interpreting, the interpreter may raise issues of
financial interest in the proceedings or other actual or potential conflicts.
(35) Are you ready to take the oath for interpreters?
This question presents the prospective interpreter with a final opportunity to raise with the Court
any points of concern about undertaking the role of court interpreter in this particular case, and
the Court should note any hesitancy that may indicate unresolved issues that could disrupt the
proceedings if the interpreter later must be replaced.
MARYLAND RULES
APPENDIX: TABLES OF COMPARABLE RULES
Md. Rule Appendix (2012)
APPENDIX: TABLES OF COMPARABLE RULES
TABLE I -- 1984 Revision
(Table II -- 1997 Revision follows)
This Table Shows Those Former Maryland

Rules of Procedure and Maryland Dis-
trict Rules Rescinded Effective
July 1, 1984, From Which Cor-
responding Maryland Rules
in Title 1 Through
Title 4 Have Been
Derived
RESCINDED REVISED
RULE RULE
CJ 7-201 1-325
1f 1-102
1g 1-201 (c)
1 h, i 1-201 (b)
2b 1-201 (e)
2c 1-201 (d)
3 1-312 (a)
3a 1-331
3d 1-103
5a 1-202 (a)
5c 1-202 (b), 1-303, 1-304
5e 1-202 (e)
5f 1-202 (f)
5g 1-202 (g)
5h 1-202 (h)
5m 1-202 (j)
5n 1-202 (l)
5o 1-202 (m)
5q 1-202 (p)
5r 1-202 (k)
5v 1-202 (o)
5w 1-202 (r)
5y 1-202 (s)
5z 1-202 (t)
5 aa 1-202 (d)
5 cc 1-202 (v)
5 ee 1-202 (w)
5 ff 1-202 (y)
8a 1-203 (a)
8b 1-203 (b)
18 (b) 2-522 (a)
21 1-303
103 b 2-111 (b)
103 c 2-112 (a)
103 e 2-112 (a)
103 f 2-114
103 g 2-111 (a)
103 j 2-112 (b), 3-112 (b)
104 a 2-510 (d)
104 a (2) 2-126 (f)
104 a (4) 2-645 (d)
104 b 2-510 (d)
104 b 1 2-121 (a), 2-123 (a)
104 b 1 (i), (ii) 2-124 (a)
104 b 2 2-121 (a), 2-126 (a)
104 c 2-125
104 h 1 2-121 (b)
104 h 2 2-123 (a)
104 h 3 (c) 2-126 (g)
104 i 2-121 (d)
105 a 2-121 (a)
105 b 2-122 (a)
105 b 1 (a) 2-126 (b), 3-126 (b)
105 b 2 2-122 (b), 2-126 (b), 3-126 (b)
106 b, c 2-124 (c)
106 e 1, 2 2-124 (c)
106 e 3 2-321 (b) (3)
107 a 1 2-121 (a)
107 a 2 2-121 (a), 2-126 (a)
107 a 3 2-121 (b)
107 a 4 2-121 (a)
107 b 2-321 (b) (1), (5)
107 c 2-121 (d)
108 a 2-124 (f), 3-124 (f)
108 b 2-124 (g), 3-124 (g)
108 d 2-321 (b) (4)
111 a 2-122 (a)
114 a, b 2-510 (c)
114 d 2-510 (h)
115 a 2-510 (c)
115 b 2-510 (e)
116 a 2-123 (a), (b)
116 b 2-510 (d)
116 c 1, 2 2-126 (a)
116 c 3 2-126 (g)
117 a, b 2-123 (c)
119 2-124 (b)
124 2-131, 3-131
125 a 2-132 (b)
125 c 2 2-132 (b)
125 d 2-132 (c)
125 e 2-132 (d)
140 a 2-101
170 a 2-101
203 a-c 2-201
205 c, d 2-202 (b)
205 e 1, 2 2-202 (c)
208 b 1 2-214 (b) (1)
208 b 2 2-214 (b) (2)
208 c 2-214 (c)
209 a 2-231 (a)
209 d 2-231 (h)
220 2-241 (a)
220 c-e 2-241 (b)
220 f 2-241 (d)
222 2-241 (a), 3-241 (a)
240 2-241 (a)
301 b 2-303 (b), (d), 3-303 (d)
301 c 2-304 (c), 2-305
301 d 2-303 (c), 3-303 (c)
301 e 1-301 (a)
301 f 1-311 (a)
301 g 1-313
301 h 1-301 (a)
301 j 2-322 (e)
301 k 1-301 (f)
301 l 1-302
302 a 1-311 (a)
302 b 1-311 (b)
302 c 1 1-312 (b)
302 c 2, 3 1-312 (a)
303 a 1-301 (f)
306 a 1 1-321 (a)
306 a 2 1-323
306 b 1-321 (b)
306 c 1-321 (a)
306 d 1-323
307 a 2 2-321 (b) (2)
307 c (4) 2-321 (b) (1)
309 1-204 (a)
311 a 2-323 (f)
312 b 2-323 (e)
313 a 2-212 (a), 2-303 (c),
3-212 (a), 3-303 (c)
313 c-e 2-212 (a), 3-212 (a)
314 a 1, 2 2-331 (a)
314 b 2-331 (b)
314 c 2-331 (c), 3-331 (c)
314 d 2 2-331 (d)
314 d 3 2-331 (c), 3-331 (c)
315 a 2-332 (a)
315 b 2-332 (e)
315 c 1, 2 2-332 (b)
315 d 2-332 (c), 3-332 (c)
315 d 1 2-332 (b)
315 f 1, 2 2-332 (d), 3-332 (d)
317 2-327 (b)
319 2-311 (c)
320 2-341 (a), 3-341 (a)
320 a 2-4 2-341 (c), 3-341 (c)
320 b 1 2-341 (c), 3-341 (c)
320 d 5 2-341 (c), 3-341 (c)
321 a 2-311 (a)
321 b 2-311 (d)
321 d 2-311 (e)
322 2-322 (e)
323 a 1-4 2-322 (a)
323 a 5 2-323 (f)
323 b 2-322 (a), 2-324 (a)
340 a 2-305
342 b 1, 2 2-323 (d)
342 c 1, 2 2-323 (f), (g)
343 a 2-325 (a)
343 d 2-325 (d)
343 e 2-325 (f)
370 a 3 2-305
372 a 2 2-323 (c)
372 b 2-323 (e)
372 b 1 2-323 (e)
379 2-341 (c), 3-341 (c)
400 c 2-402 (a)
400 d 2-402 (c)
400 e 2-402 (d), 2-432 (c)
400 f 2-402 (c) (1)
401 2-411
402 2-404 (a) (1)
403 a 2-414 (a)
403 b 2-414 (b)
403 c 2-414 (c)
403 d 2-414 (d)
404 2-401 (e)
405 a 1 2-412 (a)
405 a 2 (a) 2-412 (a)
405 a 2 (b) 2-412 (d), 2-510 (c)
405 b 1, 2 2-417 (a)
406 a 2-403 (a)
407 a 3-510 (a)
408 2-413
409 a 2-415 (b)
409 b 2-417 (b)
409 c 2-415 (a)
409 c 2 2-415 (g), 2-416 (g)
410 2-416 (a)-(f), (h), (i)
410 c 2-412 (b)
411 a 2-415 (d)
411 b 1, 2 2-415 (e)
411 b 3 2-415 (c)
411 b 4 2-415 (f)
411 b 5 2-415 (e)
412 a 2-412 (e)
412 b 2-414 (e)
412 c 1, 2 2-415 (g)
412 c 3 2-417 (c)
412 d 2-415 (i)
412 e 2-415 (d), (i)
413 2-419
413 a 5 2-401 (d)
413 c 2-416 (g)
414 2-434
417 a 1, 2 2-421 (a)
417 a 3 2-401 (c)
417 b 1, 2 2-421 (b)
417 c 1 2-432 (d)
417 d 2-421 (d)
417 f 2-421 (c)
419 2-422
420 2-423
421 a 2-424 (a)
421 b 1, 2 2-424 (b)
421 c 2-424 (d)
421 d 2-424 (c)
421 e 2-424 (e)
421 f 2-424 (d)
422 a 1 2-432 (e)
422 a 2 2-415 (h), 2-432 (b)
422 a 3, 4 2-432 (b)
422 a 5-7 2-433 (c)
422 b 2-433 (b)
422 c 1 2-432 (a), 2-433 (a)
422 c 2 2-433 (a)
422 c 3 2-432 (a)
422 d 2-431
501 a 2-503 (b)
501 b 2-212 (b)
502 2-502
503 2-503 (a)
504 a-c 2-504
515 a 2-327 (a)
517 2-511 (d)
521 2-514, 3-514
522 a 2-517 (d), 3-517 (d)
522 b, c 2-517 (c), 3-517 (c)
522 d 2-517 (a), 3-517 (a)
526 2-508 (b)
527 a 1 2-508 (a)
527 b 2-508 (d), 3-508 (c)
527 c 1-4 2-508 (c)
527 e 2-508 (e), 3-508 (d)
528 2-536, 3-536
530 2-507
536 2-513 (a), 3-513 (a)
541 b 2-506 (b), 3-506 (b), (d)
541 c 2-506 (c)
541 d 2-506 (d), 3-506 (e)
542 a 1, 2 2-505 (a)
542 c 1 2-505 (b)
542 c 4 2-505 (b)
542 d 1 2-505 (c)
542 g 2-505 (d)
542 i 2-505 (e)
543 a 3, 4 2-512 (h)
543 a 8 2-511 (c)
543 d 2-512 (d)
544 2-511 (b)
545 2-325 (e)
548 2-509
550 a 2-515 (b)
550 d 2-515 (c)
554 a 2-520 (b)
554 b 1 2-520 (c)
554 b 2 2-520 (d)
554 d 2-520 (e)
558 a, b 2-521 (a)
558 d 2-521 (a)
560 2-522 (c)
561 2-503 (a)
563 a 2-532 (a)
563 a 2 2-532 (b)
563 a 3 2-532 (c)
563 a 4 2-532 (d)
563 b 2-532 (e)
563 b 3 2-533 (c)
563 c 2-532 (f)
567 b 2-533 (b)
567 c 2-533 (c)
567 e 2-533 (d)
580 a, b 2-542 (a)
580 c 2-542 (c)
580 d 2-542 (d) (1)
580 g 1 2-542 (d) (5)
580 l 1, 2 2-542 (d) (3)
580 m 1 2-542 (f)
580 n 2-542 (f)
580 q 2-542 (i)
582 b 2-506 (d), 3-506 (e)
595 a 2-543 (c)
595 d 2-543 (d) (1)
595 e 2-543 (c)
595 h 2-543 (h)
596 b 2-541 (a), 2-542 (a), 2-543 (a)
596 c 2-541 (b)
596 d 2-541 (d), 2-542 (c), 2-543 (c)
596 e 2-541 (e)
596 e 1 2-542 (d) (2), 2-543 (d) (2)
596 e 2 2-543 (d) (3)
596 f 2-541 (f)
596 g 2-541 (g)
596 h 1, 2 2-541 (h), 2-543 (f)
596 h 3 2-541 (h)
596 h 3 (c), (d) 2-543 (f)
596 h 4 2-541 (h), 2-543 (f)
596 h 5, 6 2-541 (i), 2-543 (g)
596 h 7 2-541 (h)
596 h 8 2-541 (j), 2-542 (i), 2-543 (h)
596 i 2-541 (j)
604 a 2-603 (a), (b)
604 b 1-341
604 c 2-603 (d), 3-603 (c)
605 a 2-602
605 b 2-615, 3-615
605 d 2-614
606 2-503 (a)
607 2-632 (c)
610 a 1 2-501 (a)
610 a 3 2-501 (a)
610 b 2-501 (c)
610 d 1 2-501 (e)
610 d 2 2-501 (d)
610 d 4 2-501 (f)
619 a 2-623
620 a 2-621 (a)
622 e 2-641 (a)
622 h 1 2-641 (b)
622 h 2 2-126 (f), 2-642 (e)
622 h 3 2-641 (b)
625 a 2-535 (a), (b)
625 b 2-535 (c)
627 2-633 (a)
628 b 2-633 (b)
635 b 2-516, 3-516
645 2-115 (d)
645 a 2-611 (a)
645 c 2-611 (c)
645 d 2-611 (d)
659 2-115 (k)
681 2-535 (d), 3-535 (d)
685 a 2-648, 3-648
701 1-201 (a), (c), 4-101
702 a 4-102 (a)
702 b 4-102 (c)
702 c 4-102 (d)
702 d 4-102 (e)
702 e 4-102 (g)
702 f 4-102 (j)
702 g 4-102 (k)
702 h 4-102 (l)
710 a 4-201 (a)
710 e 4-201 (d)
711 a 4-202 (a)
711 b 4-202 (c)
711 c 4-202 (b)
711 d, e 4-202 (d)
712 a 4-203 (a)
712 b 4-203 (b)
713 a 4-204
713 c 4-204
720 a 4-212 (a), (b)
720 b 4-212 (c)
720 c 4-212 (d)
720 d, e 4-212 (e)
720 f 4-212 (f)
721 a 4-216 (a)
721 b 4-216 (d)
721 c 4-216 (e)
721 d 4-216 (f)
721 e 4-216 (h)
721 f 4-216 (i)
721 g 4-216 (j)
722 4-217
723 4-215 (b)
723 a 4-213 (c)
723 b 1-3 4-215 (a)
723 b 7 4-215 (a)
723 c 1 4-215 (a)
724 4-231
725 4-214
730 4-241
731 a 4-242 (a)
731 b 1 4-242 (b) (1)
731 b 2 4-242 (b) (3)
731 b 3 4-242 (b) (4)
731 c 4-242 (c)
731 d 4-242 (d)
731 e 4-242 (e)
731 f 4-242 (f)
732 4-244
733 4-243
734 4-245
735 4-246
736 4-252
737 b 4-266 (b)
740 a 4-261 (b)
740 b 4-267 (e)
740 c 4-261 (c)
740 d 4-261 (d)
740 e 4-261 (e)
740 f 4-261 (f)
740 g 4-261 (g)
740 h 4-261 (h)
740 i 4-261 (i)
740 j 4-261 (b)
741 a 1, 2 4-263 (a)
741 a 3 4-263 (g)
741 b 4-263 (b)
741 c 4-263 (c)
741 d 4-263 (d)
741 e 1 4-263 (e)
741 e 2 4-263 (f)
741 f 4-263 (h)
741 g 4-263 (i)
742 a 4-264
742 b 4-265
742 c 4-266 (a)
742 d 4-266 (c)
742 e 2-510 (h), 4-266 (d)
743 4-267 (a)-(d)
744 4-254 (b)
745 b 4-253 (b)
745 c 4-253 (c)
746 a, b 4-271 (a)
750 a 4-361 (b)
750 b 4-361 (a)
751 a 4-311 (b)
751 b 2-512 (b), 4-312 (b)
751 c 4-312 (h)
751 d 2-512 (i), 4-312 (h)
751 e 4-311 (c)
752 2-512 (d), 4-312 (d)
753 4-313
753 b 1 2-512 (g), 4-312 (g)
753 b 3 2-512 (i)
754 a 2-512 (a), 4-312 (a)
754 b 2-512 (e), 4-312 (b), (e)
755 a 4-321 (a)
755 b 2-513 (b), 3-513 (b), 4-321 (b)
755 c 4-321 (a)
755 d 2-513 (c), 3-513 (c), 4-321 (c)
756 4-324
757 a 4-325 (b)
757 b 4-325 (c)
757 c 2-520 (d), 4-325 (d)
757 d 4-325 (a)
757 e 4-326 (a)
757 f 4-325 (e)
757 g 4-325 (f)
757 h 4-325 (e)
758 a 4-326 (a)
758 b 2-521 (a), 4-326 (a)
758 c 2-521 (b), 4-326 (b)
758 d 2-521 (c), 4-326 (c)
759 4-327
759 a 2-522 (b)
759 e 2-522 (b)
760 4-328
764 4-353
770 4-331
771 4-341
772 a 4-342 (a)
772 b 4-342 (b)
772 c 4-342 (c)
772 d 4-342 (d), 4-343 (d)
772 e 4-342 (e)
772 f 4-342 (f)
772 h 4-342 (g)
772 A 4-343 (a)-(c), (e)-(g)
773 4-344
774 4-345
775 4-346
776 a 4-348 (a)
776 b 4-348 (c)
776 c 4-348 (b)
777 4-351
778 a 4-347
778 b 4-348 (c)
780 4-601
781 4-611
782 a, b 4-247
782 c, d 4-248
784 4-621
785 4-631
F6 a 2-646 (a)
F6 b 2-646 (c)
F6 c 2-645 (d), 2-646 (d)
F6 d 2-646 (e)
F6 e 2-646 (g)
F6 f 2-646 (f)
F6 g 2-646 (h)
F6 h 2-646 (i)
F6 i 2-646 (k)
F6 j 2-646 (j)
F6 k 2-646 (e)
G40 a, b 2-115 (a)
G40 b 4 2-641 (a)
G43 2-115 (b)
G44 2-115 (c)
G45 2-115 (d)
G49 a 2-641 (a), 2-642 (a), (b)
G51 2-115 (g), 2-643 (b), (c)
G52 a, b 2-645 (e)
G56 2-645 (h)
G59 2-115 (k)
G60 2-115 (i)
H1 1-401
H2 a 1-402 (a), (f)
H2 b 1, 2 1-402 (b)
H3 a 2 1-402 (e)
H3 b 1-402 (e)
H4 a, b 1-402 (d)
H5 1-406
H6 a 1-403 (a)
H6 b 1-403 (b)
H6 c 1, 2 1-403 (a), (b)
H7 a, b 1-402 (c)
H8 1-405
U12 b 2-402 (e) (2)
U18 a 2-515 (a)
U18 b 2-515 (c)
U18 c-e 2-515 (a)
BK40 4-401
BK41 a 4-402 (a)
BK41 c 4-402 (b)
BK41 d 4-402 (c)
BK41 e 4-403
BK43 a 4-404
BK43 b 4-404, 4-405
BK44 c 4-406 (b)
BK44 d 4-406 (c)
BK44 e 4-406 (d)
BK45 a 4-407 (b)
BK45 b 4-407 (a)
BK45 c 4-407 (d)
BK45 d 4-407 (c)
BK46 4-408
BU70 2-221 (a)
BU72 2-221 (b)
BU73 2-221 (c)
BU74 2-221 (d)
EX1 4-502
EX2 4-501
EX3 a 4-503
EX3 b 4-504
EX3 c 4-504
EX3 c 1, 2 4-503
EX4 4-505
EX5 4-506
EX6 4-507
EX7 4-508
EX8 4-509
EX9 4-510
EX10 4-511
EX11 4-512
1219 1-324
M.D.R. 1 b 3-711
M.D.R. 100 3-101
M.D.R. 101 a 3-102 (a)
M.D.R. 102 1-325
M.D.R. 103 b 3-111 (b)
M.D.R. 103 c 3-112 (a)
M.D.R. 103 d 2 3-126 (d)
M.D.R. 103 e 3-102 (b), 3-112 (a)
M.D.R. 103 f 3-114
M.D.R. 103 g 3-102 (c)
M.D.R. 103 h 3-111 (a)
M.D.R. 104 a 3-510 (d)
M.D.R. 104 a (ii) 3-126 (f)
M.D.R. 104 a (iii) 3-645 (d)
M.D.R. 104 b 3-510 (d)
M.D.R. 104 b 1 3-121 (a), 3-123 (a)
M.D.R. 104 b 1 (i), (ii) 3-124 (a)
M.D.R. 104 b 2 3-121 (a), 3-126 (a)
M.D.R. 104 c 3-125
M.D.R. 104 h 1 3-121 (b)
M.D.R. 104 h 2 3-123 (a)
M.D.R. 104 h 3 (a) 3-126 (a)
M.D.R. 104 h 3 (c) 3-126 (g)
M.D.R. 104 i 3-121 (d)
M.D.R. 106 b, c 3-124 (c)
M.D.R. 106 e 1, 2 3-124 (c)
M.D.R. 106 f 3-124 (h)
M.D.R. 107 a 1 3-121 (a)
M.D.R. 107 a 2 3-121 (a), 3-126 (a)
M.D.R. 107 a 3 3-121 (b)
M.D.R. 107 b 3-121 (d)
M.D.R. 114 a, b 3-510 (c)
M.D.R. 114 d 3-510 (h)
M.D.R. 115 a 3-510 (c)
M.D.R. 115 b 3-510 (e)
M.D.R. 116 a 3-123 (a), (b)
M.D.R. 116 b 3-510 (d)
M.D.R. 116 c 1, 2 3-126 (a)
M.D.R. 116 c 3 3-126 (g)
M.D.R. 117 a, b 3-123 (c)
M.D.R. 119 3-124 (b)
M.D.R. 125 a 3-132 (a), (b)
M.D.R. 125 b 3-132 (c)
M.D.R. 203 3-201
M.D.R. 205 c, d 3-202 (b)
M.D.R. 205 e 3-202 (c)
M.D.R. 208 b 1 3-214 (b) (1)
M.D.R. 208 b 2 3-214 (b) (2)
M.D.R. 208 c 3-214 (c)
M.D.R. 220 3-241 (a)
M.D.R. 220 b-d 3-241 (b)
M.D.R. 220 e 3-241 (d)
M.D.R. 240 3-241 (a)
M.D.R. 300 b 3-303 (a)
M.D.R. 301 a 3-303 (b)
M.D.R. 301 a (i) 3-304
M.D.R. 301 a (ii) 3-305
M.D.R. 302 3-307
M.D.R. 302 a 3-308, 3-332 (b)
M.D.R. 314 a 3-331 (a)
M.D.R. 314 b 3-331 (b)
M.D.R. 314 c 3-331 (d)
M.D.R. 314 g 3-331 (e)
M.D.R. 314 h 3-331 (f)
M.D.R. 315 a 3-332 (a), (e)
M.D.R. 315 b 3-332 (a)
M.D.R. 317 3-326
M.D.R. 321 a 3-311 (a), (b)
M.D.R. 321 b 3-311 (d)
M.D.R. 321 d 3-311 (c)
M.D.R. 343 a 3-325 (b)
M.D.R. 343 b, c 3-325 (a)
M.D.R. 343 d 3-325 (c)
M.D.R. 401 a 3-701, 3-711
M.D.R. 401 b 3-401
M.D.R. 402 3-431
M.D.R. 405 3-401
M.D.R. 417 a 3-421 (b)
M.D.R. 417 b 3-421 (d)
M.D.R. 417 c 3-421 (g)
M.D.R. 417 d 3-421 (h)
M.D.R. 417 e 3-421 (a)
M.D.R. 417 e 4 3-421 (e)
M.D.R. 417 f 3-421 (c)
M.D.R. 417 g 3-421 (i)
M.D.R. 501 3-503
M.D.R. 504 3-504
M.D.R. 526 3-508 (b)
M.D.R. 527 3-508 (a)
M.D.R. 530 3-507
M.D.R. 541 b 3-506 (c)
M.D.R. 542 3-505
M.D.R. 564 c 3-522
M.D.R. 567 b 3-533 (b)
M.D.R. 567 c 3-533 (c)
M.D.R. 567 d 3-533 (d)
M.D.R. 568 3-701
M.D.R. 604 3-603 (a)
M.D.R. 605 a 3-602
M.D.R. 605 b 3-632 (c)
M.D.R. 605 d 3-614
M.D.R. 610 a 3-306 (a)
M.D.R. 610 b, c 3-306 (b)
M.D.R. 610 d 3-306 (b), (d)
M.D.R. 610 e 3-306 (c)
M.D.R. 619 b 3-601 (c)
M.D.R. 620 a 4-354
M.D.R. 620 b 3-621 (a)
M.D.R. 620 c 3-621 (b)
M.D.R. 621 b, c 3-621 (c)
M.D.R. 622 e 3-641 (a)
M.D.R. 622 h 1 3-641 (b)
M.D.R. 622 h 2 3-126 (f), 3-642 (e)
M.D.R. 622 h 3 3-641 (b)
M.D.R. 622 i 3-641 (a)
M.D.R. 625 a 3-535 (a), (b)
M.D.R. 625 b 3-535 (c)
M.D.R. 627 3-633 (a)
M.D.R. 628 b 3-633 (b)
M.D.R. 645 a 3-611 (a)
M.D.R. 645 c 3-611 (c)
M.D.R. 645 d 3-611 (d)
M.D.R. 645 j 3-611 (f)
M.D.R. 648 3-509
M.D.R. 701 4-101
M.D.R. 702 a 4-102 (a)
M.D.R. 702 c 4-102 (b)
M.D.R. 702 d 4-102 (c)
M.D.R. 702 e 4-102 (e)
M.D.R. 702 f 4-102 (f)
M.D.R. 702 g 4-102 (g)
M.D.R. 702 h 4-102 (h)
M.D.R. 702 i 4-102 (i)
M.D.R. 702 j 4-102 (j)
M.D.R. 702 l 4-102 (k)
M.D.R. 702 m 4-102 (l)
M.D.R. 710 a 4-201 (a)
M.D.R. 710 b-d 4-201 (b), (c)
M.D.R. 710 e 4-201 (d)
M.D.R. 711 a 4-202 (a)
M.D.R. 711 b 1 4-202 (c)
M.D.R. 711 b 2 4-202 (b)
M.D.R. 711 c, d 4-202 (d)
M.D.R. 712 4-203 (a)
M.D.R. 713 a, b 4-204
M.D.R. 720 a, b 4-211 (b)
M.D.R. 720 c 4-212 (a), (b)
M.D.R. 720 d 4-212 (c)
M.D.R. 720 e 4-212 (d)
M.D.R. 720 f 4-212 (e)
M.D.R. 720 g 4-212 (g)
M.D.R. 720 h 4-212 (f)
M.D.R. 720 i 4-211 (a), 4-212 (h)
M.D.R. 721 a 4-216 (a)
M.D.R. 721 b 4-216 (b)
M.D.R. 721 c 4-216 (d)
M.D.R. 721 d 4-216 (e)
M.D.R. 721 e 4-216 (f)
M.D.R. 721 f 4-216 (g)
M.D.R. 721 g 4-216 (i)
M.D.R. 721 h 4-216 (j)
M.D.R. 722 4-217
M.D.R. 723 4-213 (a)
M.D.R. 723 a 4-212 (e)
M.D.R. 723 b 4 4-216 (c)
M.D.R. 724 4-231
M.D.R. 725 4-214
M.D.R. 726 d 4-215 (c)
M.D.R. 727 4-221
M.D.R. 728 4-222
M.D.R. 731 a 4-242 (a)
M.D.R. 731 b 1 4-242 (b) (1)
M.D.R. 731 b 2 4-242 (b) (4)
M.D.R. 731 c 4-242 (c)
M.D.R. 731 d 4-242 (d)
M.D.R. 731 e 4-242 (f)
M.D.R. 732 4-244
M.D.R. 733 4-243
M.D.R. 734 4-245
M.D.R. 736 4-251
M.D.R. 737 b 4-266 (b)
M.D.R. 742 a 4-265
M.D.R. 742 b 4-266 (a)
M.D.R. 742 c 4-266 (c)
M.D.R. 742 d 3-510 (h), 4-266 (d)
M.D.R. 743 4-267 (a)-(d)
M.D.R. 744 4-254 (a)
M.D.R. 745 a 4-253 (a)
M.D.R. 745 b 4-253 (b)
M.D.R. 745 c 4-253 (c)
M.D.R. 746 4-271 (b)
M.D.R. 750 4-361 (a)
M.D.R. 751 4-301 (a)
M.D.R. 755 a 4-321 (a)
M.D.R. 755 b 4-321 (b)
M.D.R. 755 c 4-321 (a)
M.D.R. 755 d 4-321 (c)
M.D.R. 756 4-324
M.D.R. 760 4-328
M.D.R. 764 4-353
M.D.R. 770 4-331
M.D.R. 771 4-341
M.D.R. 772 a 4-342 (b)
M.D.R. 772 b 4-342 (c)
M.D.R. 772 c 4-342 (d), 4-343 (d)
M.D.R. 772 d 4-342 (e)
M.D.R. 772 e 4-342 (f)
M.D.R. 772 g 4-342 (g)
M.D.R. 774 4-345
M.D.R. 775 4-346
M.D.R. 776 a 4-348 (a)
M.D.R. 776 b 4-348 (c)
M.D.R. 776 c 4-348 (b)
M.D.R. 777 4-351
M.D.R. 778 a 4-347
M.D.R. 778 b 4-348 (c)
M.D.R. 780 4-601
M.D.R. 782 a, b 4-247
M.D.R. 782 c, d 4-248
M.D.R. 784 4-621
M.D.R. 785 4-631
M.D.R. F6 a 3-646 (a)
M.D.R. F6 b 3-646 (c)
M.D.R. F6 c 3-645 (d), 3-646 (d)
M.D.R. F6 d 3-646 (e)
M.D.R. F6 e 3-646 (g)
M.D.R. F6 f 3-646 (f)
M.D.R. F6 g
Table II -- 1997 Revision
(Table I -- 1984 Revision precedes this table)
This Table Shows Those Former Maryland

Rules of Procedure and Maryland Dis-
trict Rules Rescinded Effective
January 1, 1997, From Which
Corresponding Maryland
Rules in Title 9
Through Title 16
Have Been
Derived.
RESCINDED REVISED
RULE RULE
901 11-101
902 11-102
902A 11-102A
903 11-103
904 11-104
905 11-105
906 11-106
907 11-107
908 11-108
909 11-109
910 11-110
911 11-111
912 11-112
913 11-113
914 11-114
915 11-115
916 11-116
917 11-117
918 11-118
919 11-119
920 11-120
921 11-121
922 11-122
D71 9-101
D72 9-103
D73 9-102
D74 9-105
D75 9-106
D76 9-107
D77 9-109
D78(d) 9-108
D79 9-111
D80 9-103; 9-112
E2 15-101
E3 15-101
E4 15-101
J70 14-401 (b)
J71 14-401 (a)
J72 14-401 (c)
J73 14-401 (d)
P1 15-202
P2 a & c 15-201
P3 15-203
P4 c & d 2 15-207
P5 15-208
Q40 15-1001 (a)
Q41 a 15-1001 (b)
Q42 15-1001 (d)
R70 a 10-103 (a)
R70 b 10-103 (b)
R70 c 10-103 (e)
R70 d 10-103 (f) (1)
R70 e 10-103 (g)
R70 f 10-105
R71 a 10-110, 10-201 (a), 10-301 (a)
R72 a & b 10-201 (b), 10-207 (b),
10-208 (b), 10-210, 10-301 (b),
10-711 (b) (1), 10-712 (c) (1)
R72 d 10-109
R73 a 10-201 (c), 10-301 (c)
R73 b 1 10-202
R74 10-203, 10-302
R76 10-106
R77 10-205, 10-304, 10-601
R77 b 2 10-503, 10-603
R78 b 10-108 (d)
R80 c 1 15-601
S70 9-201
S71 9-202
S72 9-203
S73 9-204
S73A 9-205
S74 9-206
S74A 9-207
S75 9-208
S76 9-209
S77 9-210
T44 12-101
U1 12-201
U2 12-202
U4 b 12-203
U5 12-204
U6 12-205
U12 b 12-206
U15 12-207
U17 12-207
U18 12-207
U19 12-208
U21 12-209
U22 12-212
U23 12-210
U24 b 12-212
U25 12-209
U26 12-211
U27 12-213
V70 b 10-103 (c)
V70 c 10-103 (f) (2)
V71 10-101, 10-106, 10-601
V71 a & b 1 10-501
V71 c 10-201 (c), 10-501
V71 d 10-502, 10-702 (b) (3)
V71 f 1 & f 2 10-108 (c)
V72 10-505
V73 10-702, 13-107
V74 10-706
V74 b 1 & 2 10-707 (a)
V74 b 3 10-707 (b)
V74 c 2 (b) 10-206 (a) & (b)
V74 c 2 (e) 10-705 (d)
V74 e 1 (a) 10-208 (a) & (c),
10-712 (a) & (d)
V74 e 2 10-208 (e), 10-712 (g)
V75 a & b 10-705 (a)
V75 c 10-705 (b)
V75 d 10-705 (c)
V76 a 10-704, 10-704 (a) (1)
V76 c 10-704 (a) (2)
V77 b 1 10-703, 13-403
V77 c 3 10-108 (b)
V78 10-209, 10-710
V78 b 5 10-207 (e), 10-711 (f)
V79 10-601
V79 b & c 10-602
V79 d 10-604
V79 e 10-605
V80 10-709
V81 13-702
V81 a 10-207 (a), 10-711 (a) & (b) (2)
V81 b 1 10-711 (c)
V81 c 1 10-207 (c), 10-711 (d)
V81 e 10-207 (f), 10-711 (i)
V82 a 10-207 (a), 10-711 (a), 13-703
V82 e 10-711 (h)
V84 13-701
V84 c 10-712 (c) (2)
V84 d 10-208 (a), 10-712 (a)
V84 d 1 & 2 10-208 (b), 10-712 (b)
V84 e 10-208 (c), 10-712 (d)
V84 f 10-712 (f)
W70 a 14-201(b)
W70 b 14-201(a)
W71 14-202
W72 14-203
W72 c-e 14-204
W73 14-205
W74 14-206
W74 b-g 14-207
W75 a 14-208
W76 14-209
W77 b 14-202(c)
W77 d 14-210
W79 14-203
W79 c 14-201(a)
Y70 12-501 (a)
Y71 12-501 (a), (b)
Y72 12-501 (b)
Y73 12-501 (b)
Y74 12-501 (c)
Y76 12-501 (d)
Y77 12-501 (e)
Y78 12-501 (f)
Y79 12-501 (g)
Z42 15-302
Z43 15-303
Z44 15-303
Z45 15-305
Z46 15-306
Z46 b 15-309, 15-310
Z47 15-306
Z48 15-309
Z49 15-307
Z50 15-308
Z51 15-310
Z52 15-303
Z53 15-311
Z54 15-303
Z55 15-304
Z56 15-312
Z47 14-203
Z48 c-e 14-204
Z51 14-205
Z52 14-206
Z53 b-g 14-207
Z54 a 14-208
Z55 14-209
BB70 15-501
BB71 15-502
BB72 15-504
BB73 15-504
BB74 15-505
BB75 15-503
BB76 15-502
BB77 15-502
BB78 15-502
BB79 15-502, 15-504
BD1 12-102(b)
BD2 12-102(b)
BD3 12-102(c)
BE40 15-701
BE41 15-701
BE43 15-701
BE44 15-701
BE45 15-701
BE46 15-701
BG70 12-301
BG71 12-302
BG72 12-303
BG73 12-304
BG74 12-305
BG75 12-306
BG76 12-307
BG77 12-308
BH70 15-901
BH71 15-901
BH72 15-901
BH73 15-901
BH74 15-901
BH75 15-901
BJ71 12-401 (b)
BJ72 12-401 (c)
BJ73 12-401 (c)
BP1 a 13-101
BP1 b 13-102
BP2 a & b 13-203
BP3 a, b & d 13-302
BP3 a & c 13-105
BP4 a 1 13-201
BP4 a 2 13-202
BP4 b & c 13-401
BP4 d 13-402
BP5 13-103
BP6 a & b 13-301
BP7 13-303
BP8 13-601
BP9 a, b, d-g 13-501
BP9 b & c 13-401
BP9 b 2 13-503
BP10 13-502
BP10 b 13-503
BR1 14-301
BR2 14-302
BR3 14-303
BR4 14-304
BR5 14-306
BR6 14-305
BQ41-45 12-601
BQ49 12-601
BQ51 12-602
BQ53 12-602
BU1 16-601
BU2 16-602
BU3 16-603
BU4 16-604
BU5 16-605
BU6 16-606
BU7 16-607
BU8 16-608
BU9 16-609
BU10 16-610
BU11 16-611
BU12 16-612
BV1 16-701
BV2 16-702
BV3 16-703
BV4 16-704
BV5 16-705
BV6 16-706
BV7 16-707
BV8 16-708
BV9 16-709
BV10 16-710
BV11 16-711
BV12 16-712
BV13 16-713
BV14 16-714
BV15 16-715
BV16 16-716
BV17 16-717
BV18 16-718
BW1 a 15-802
BW1 b 15-801
BW2 15-804
BW3 15-804
BW4 15-803
BW5 15-804
BW6 15-803
BW7 15-805
BY2 15-403
BY3 15-403
BY4 15-403
1200 16-101
1201 16-102
1202 16-103
1203 16-104
1204 16-105
1205 16-106
1206 16-107
1207 16-108
1209 16-109
1210 16-201
1211 16-202
1211A 16-203
1212 16-301
1213 16-302
1214 16-303
1215 16-304
1216 16-305
1217 16-306
1217A 16-307
1218 16-308
1219 16-309
1220 16-401
1221 16-402
1223 16-403
1224 16-404
1224A 16-405
1224B 16-406
1225 16-801
1226 16-802
1227 16-803
1227A 16-804
1227B 16-805
1227C 16-806
1227D 16-807
1227E 16-808
1227F 16-809
1227G 16-810
1228 16-811
1230 16-812
1231 16-813
1232 16-814
1233 16-815
1234 16-816
1285 16-817
1299 16-818
M.D.R. 1214 16-502
M.D.R. 1218 16-503
M.D.R. 1224 16-504
M.D.R. 1299 16-505

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MARYLAND DISTRICT RULES

Md. Rule (2012)

Rule 1-101. Applicability

(n) Title 14. Title 14 applies to proceedings relating to sales of property.

Md. Rule 1-102 (2012)

Rule 1-102. Circuit and local rules

Md. Rule 1-103 (2012)

Rule 1-103. Method of citation

Md. Rule 1-104 (2012)

Rule 1-104. Unreported opinions

Md. Rule 1-201 (2012)

Rule 1-201. Rules of construction

HISTORY: (Amended Nov. 12, 2003, effective Jan. 1, 2004.)

Md. Rule 1-202 (2012)

Rule 1-202. Definitions

(h) County. "County" includes the City of Baltimore.

(j) Guardian. "Guardian" means a natural or legal guardian.

(1) January 1, for New Year's Day;

(3) the third Monday in February, for Presidents' Day;

(5) July 4, for Independence Day;

(6) the first Monday in September, for Labor Day;

(8) November 11, for Veterans' Day;

(9) the fourth Thursday in November, for Thanksgiving Day;

(11) December 25, for Christmas Day;

(12) each statewide general election day in this State; and

(l) Individual. "Individual" means a human being.

(r) Newspaper of general circulation. "Newspaper of general circulation" means a newspaper as

(u) Pleading. "Pleading" means a complaint, a counterclaim, a cross-claim, a third-party

(v) Proceeding. "Proceeding" means any part of an action.

Md. Rule 1-203 (2012)

Rule 1-203. Time

Cross references. -- For the definition of "holiday," see Rule 1-202.

Md. Rule 1-204 (2012)

Rule 1-204. Motion to shorten or extend time requirements

Md. Rule 1-301 (2012)

Rule 1-301. Form of court papers

(b) Designation of parties and attorneys.

HISTORY: (Amended Nov. 12, 2003, effective Jan. 1, 2004.)

Md. Rule 1-302 (2012)

Rule 1-302. Forms

HISTORY: (Amended Feb. 10, 1998, eff. July 1, 1998.)

Md. Rule 1-303 (2012)

Rule 1-303. Form of oath

Md. Rule 1-304 (2012)

Rule 1-304. Form of affidavit

Md. Rule 1-311 (2012)

Rule 1-311. Signing of pleadings and other papers

(b) Effect of signature. The signature of an attorney on a pleading or paper constitutes a

Md. Rule 1-312 (2012)

Rule 1-312. Requirements of signing attorney

(2) be a regular employee of an agency of government or of a business or other

Cross references. -- Rule 16-811 e 2.

Md. Rule 1-313 (2012)

Rule 1-313. Certification by signing attorney with out-of-state office

Md. Rule 1-321 (2012)

HISTORY: (Amended Nov. 12, 2003, effective Jan. 1, 2004.)

Md. Rule 1-322 (2012)

Rule 1-322. Filing of pleadings and other items

Md. Rule 1-323 (2012)

Rule 1-323. Proof of service

Md. Rule 1-324 (2012)

Rule 1-324. Notice of orders

Rule 1-325. Filing fees and costs -- Indigency