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

action.
(G) any other matter pertinent to the management of the
(c) Modification of Order
The scheduling order controls the subsequent course of the
action but shall be modified by the court to prevent injustice.
Cross reference: See Rule 5-706 for authority of the court to
appoint expert witnesses.
Source: This Rule is new.
REPORTER’S NOTE
The Rules Committee has been advised that at least one
jurisdiction incorporates in its scheduling order a requirement
that all dispositive motions must be filed prior to the date by
which all discovery must be completed. Because the grounds for a
dispositive motion may not be apparent until after discovery has
been completed, the Committee recommends that Rule 2-504
(b)(1)(E) be modified by the addition of the phase, “which shall
be no earlier than 15 days after the date by which all discovery
must be completed.”
In conjunction with proposed amendments to Rule 2-341, the
Committee recommends certain other amendments to Rule 2-504.
Current subsection (b)(2)(C) is proposed to be transferred to
subsection (b)(1), becoming new subsection (b)(1)(F), so that
inclusion of a date by which additional parties must be joined is
a required, rather than a permitted, component of each scheduling
order. A new subsection (b)(1)(G) is proposed to be added,
requiring in each scheduling order a date by which amendments to
pleadings are allowed as of right. Proposed new section (c)
provides that the scheduling order controls the subsequent course
of the action and that the court shall modify a scheduling order
to prevent injustice.
In conjunction with proposed new Appendix to the Maryland
Rules: Maryland Guidelines for Practice for Court-Appointed
Lawyers Representing Children in Cases Involving Child Custody or
Child Access and proposed new Rule 9-205.1 (Appointment of
Child’s Counsel), proposed new subsection (b)(2)(E) adds to the
permitted contents of a scheduling order an order appointing
child’s counsel in accordance with Rule 9-205.1.
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