r1r STANDING COMMITTEE ON RULES OF PRACTICE - Maryland ...

REPORTER’S NOTE
The Honorable Thomas P. Smith, of the Circuit Court for
Prince George’s County, observed that often there is an
inconsistency between Rule 2-341 and the scheduling orders issued
pursuant to Rule 2-504. The scheduling orders provide that any
amendments to pleadings must be filed by a date certain, but Rule
2-341 allows amendments to pleadings to be filed at any time.
Sections (a) and (b) of Rule 2-341 are proposed to be restructured
as to amendments without leave of court (section (a))
and amendments with leave of court (section (b)). Amendments
without leave of court must be filed by the date set forth in the
scheduling order or, if there is none, no later than 30 days
before a scheduled trial date. Amendments filed after those
dates require leave of court.
The Committee believes that 60 days before trial, the time
the current Rule allows for amendments without leave of court in
an action in which there is no scheduling order, is unnecessarily
long. An action without a scheduling order generally is less
complex than an action with a scheduling order, and the Committee
recommends that the 60-day provision currently in section (a) be
reduced to 30 days before a scheduled trial date.
Additionally, the Committee recommends that a reference to
Falcinelli v. Cardascia, 339 Md. 414 (1995) be added to the
Committee note that follows section (b).
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