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MARYLAND RULES OF PROCEDURE TITLE 5 - EVIDENCE CHAPTER 600 - WITNESSES AMEND Rule 5-615 to make subsection (b)(5) applicable to all crimes and delinquent acts to the extent required by statute and to add to the cross reference following subsection (b)(5), as follows: Rule 5-615. EXCLUSION OF WITNESSES . . . (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 of violence or the or a delinquent act, including any representative of such a deceased or disabled victim, to the extent required by statute. Cross reference: Code, Courts Article, §3-8A-13; Criminal Procedure Article, §11-102 and §11-302; Rule 4-231. -294-
REPORTER’S NOTE Russell Butler, Esq. pointed out that Code, Criminal Procedure Article, §11-102 provides that a victim or victim’s representative who has filed a notification request form has the right to attend any proceeding in which the right to appear has been granted to a defendant and Code, Courts Article, §3-8A-13 provides that victims may attend proceedings in which a child is alleged to be in need of supervision or to have committed a delinquent act that would be a misdemeanor or felony (for good cause shown) if committed by an adult or in a peace order proceeding. To conform to these statutes, the Rules Committee recommends modifying subsection (b)(5) of Rule 5-615 and adding references to these statutes to the cross reference after subsection (b)(5) of the same Rule. -295-
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STANDING COMMITTEE ON RULES OF PRAC
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December 19, 2006 ONE HUNDRED FIFTY
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of probation proceeding is proposed
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litigation. The proposed amendments
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MARYLAND RULES OF PROCEDURE TITLE 3
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Source: This Rule is derived from f
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Source: This Rule is derived from f
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of the amendment, whichever is late
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as of right; and (F) (H) any other
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REPORTER’S NOTE Chapter 534, Laws
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REPORTER’S NOTE See the Reporter
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Insurance Commissioner of Maryland
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Section (d) (c) is derived from for
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under Rule 4-345, or the defendant
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under Code, Criminal Procedure Arti
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-43- ______ ______ proven not prove
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custody, arrest, or detention of or
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contendere to a charge of a crime o
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to conform his or her conduct to th
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of us, but fewer than all 12, find
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We unanimously determine the senten
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within 15 days after service of the
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language of the proposed amendment
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irregularity. If the appeal is rein
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taking into consideration all relev
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(c) Service (d) Response (e) Hearin
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Family Law Article, Titles 1 and 5
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Agency Guardianship), Form 9-102.9
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(C) Notice The court shall send to
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(c) If I choose to seek the appoint
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child or I or my child's other biol
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the right to be notified when the p
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3. Right to Attorney. I understand
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adopt me and I will no longer be th
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had it read to me in a language tha
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in subsection (b)(2)(B)(iv) and add
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(H) If the person to be adopted is
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equired affidavits of translators o
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ehalf of each petitioner in connect
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e stated is known to a child placem
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affect the consent signed by the pe
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Promptly Upon upon the filing of a
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directs to be served. (B) If the pa
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e published at least one time in on
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IMPORTANT THIS IS A COURT ORDER. IF
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WHETHER THE PETITION REQUESTS ADOPT
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participate effectively in the case
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___________________________________
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[ ] because of a disability, I am i
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e in the form required by Code, Fam
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(D) §5-3B-21 in an Independent Ado
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challenging the standing of the per
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In ruling on a petition for adoptio
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For the legal effect of adoption of
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Cross reference: See Code, Health-G
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exchanged by agreement. (b) Content
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new consent, the court can have a t
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handled under the Indian Child Welf
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(b) I was married to the mother of
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F. Effect of this Consent I UNDERST
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een taken away (guardianship has be
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If you or your child are members of
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CONSENT TO GUARDIANSHIP WITH THE RI
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[ ] I voluntarily and of my own fre
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(Printed Name) ____________________
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B. Right to Speak with a Lawyer You
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charges or fees for adoption counse
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Use a pen to fill out this form. Yo
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Check one of the following: [ ] I g
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________________________________ (C
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this document. B. Right to Speak wi
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of your child or for your agreement
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CONSENT TO INDEPENDENT ADOPTION OF
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D. Consent I voluntarily and of my
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IF YOU HAVE A POST-ADOPTION AGREEME
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Attached to this document is a copy
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CONSENT TO INDEPENDENT ADOPTION WIT
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E. Notice Check one of the followin
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Social Services Administration of t
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CONSENT OF ________________________
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Human Resources for adoption search
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knowledge, information, and belief.
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___________________________________
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knowledge, information, and belief.
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terminate parental rights and adopt
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party; (5) past or current mental h
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REPORTER’S NOTE Proposed new Rule
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of child’s counsel. The terminolo
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their roles as parents or custodian
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waived or (2) placing the waiver or
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Each court should develop a compens
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Rule 2-504 is proposed to be amende
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They are not designed to be a basis
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whether because of minority, mental
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follows: MARYLAND RULES OF PROCEDUR
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Cross reference: See Md. Const., Ar
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Under the proposed amendment, excep
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The presence of a majority of the m
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complainant of the right to file a
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Page 247 and 248: (l) Action by Commission The Commis
Page 249 and 250: (1) Upon application by Investigati
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Page 253 and 254: 2. "Local administrative judge" mea
Page 255 and 256: (iii) The use of electronic or phot
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Page 259 and 260: 3. 6. Not more than one audio syste
Page 261 and 262: New language is proposed to be adde
Page 263 and 264: In addition to the mailed notice, t
Page 265 and 266: Upon payment in cash or by certifie
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Page 273 and 274: MARYLAND RULES OF PROCEDURE APPENDI
Page 281 and 282: issues. In light of this change, th
Page 283 and 284: REPORTER’S NOTE See the Reporter
Page 285 and 286: price as set forth in the report of
Page 287 and 288: should advise the client about thos
Page 289 and 290: follows: MARYLAND RULES OF PROCEDUR
Page 291 and 292: follows: MARYLAND RULES OF PROCEDUR
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Page 297 and 298: (1) Contents (2) Exhibits (c) Petit
Page 303 and 304: The time for revocation of consent
Page 307 and 308: the guardian and a reference to the
Page 309 and 310: in compliance with the jurisdiction
Page 311 and 312: epresented. (4) §§5-3B-06 and 5-3
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Page 317 and 318: (Note to Drafter of Show Cause Orde
Page 319 and 320: participate effectively in the adop
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Page 323 and 324: [ ] I am the person to be adopted a
Page 327 and 328: The court shall order an investigat
Page 329 and 330: If the show cause order is served o
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Page 337 and 338: Before entering a judgment of adopt
Page 339 and 340: the Department of Health and Mental
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consent form will also be filed in
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D. Notice ending (termination) of m
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________________________________ (C
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You have the right to speak with a
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1. The adoption agency does not pla
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[ ] I voluntarily and of my own fre
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(Printed Name) ____________________
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You have the right to speak with a
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I. Access to Birth and Adoption Rec
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Use a pen to fill out this form. Yo
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Check one of the following: [ ] I g
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________________________________ (C
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charges or fees for adoption counse
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CONSENT TO INDEPENDENT ADOPTION OF
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D. Consent I voluntarily and of my
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IF YOU HAVE A POST-ADOPTION AGREEME
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Attached to this document is a copy
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CONSENT TO INDEPENDENT ADOPTION WIT
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E. Notice Check one of the followin
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irth parents, my siblings, or I may
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CONSENT OF ________________________
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Human Resources for adoption search
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___________________________ _______
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disability is _____________________
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________________________________ (A
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