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

341 provide that an amendment to a pleading without leave of
court must be filed no later than the date set forth in the
scheduling order entered pursuant to Rule 2-504 or, in actions in
which there is no scheduling order, no later than 30 days before
a scheduled trial date.
Proposed amendments to Rule 2-504 modify the required
contents of a scheduling order by requiring that the order
contain a date by which any additional parties must be joined and
a date by which amendments to pleadings are allowed as of right.
The amendments also require that the deadline for filing a
dispositive motion be a date that is no earlier than 15 days
after the date by which all discovery must be completed, that the
scheduling order controls the subsequent course of the action,
and that the court shall modify the scheduling order to prevent
injustice. Lastly, in conjunction with the proposed Rules
changes set forth in Category Five of this Report, the
appointment of counsel for a child in an action involving child
custody or child access is proposed to be added to the permitted
contents of a scheduling order that are set forth in subsection
(b)(2) of the Rule.
Proposed to be added to Rules 2-532, 2-533, 2-534, and 2-535
are “saving” provisions for prematurely filed post-judgment
motions, similar to the “saving” provision set forth in Rule 8-
602 (d). Also in Category One, in light of Chapter 534, Laws of
2006 (SB 726), are proposed amendments to Rules 2-641, 3-641, 2-
644, and 3-644 that add to each Rule a cross reference concerning
execution of a judgment against the property of a corporation,
joint stock company, association, limited liability company, or
limited liability limited partnership for the amount of fines or
costs awarded against it in a criminal proceeding.
Category Two comprises proposed changes to seven Rules in
Title 4 and a related amendment to Rule 16-819 (d). In light of
Chapter 586, Laws of 2006 (HB 833), cross references concerning
surety insurers who fail to resolve or satisfy bond forfeitures
are proposed to be added following subsections (d)(1) and (d)(2)
of Rule 4-217. A proposed amendment to Rule 4-261 allows a
deposition in an action in the District Court under the same
circumstances under which a deposition in an action in a circuit
court may be taken. Cross references following Rules 4-342 (g)
and 4-345 (e) concerning the commitment of a defendant who has a
drug or alcohol dependency to a treatment program in the
Department of Health and Mental Hygiene are proposed to be added
in light of Chapter 338, Laws of 2006 (HB 656). Proposed
amendments to Rule 4-343 clarify the capital sentencing form with
respect to mitigating circumstances and make stylistic changes to
the form. In light of Chapter 353, Laws of 2006 (HB 795), a
cross reference concerning procedures to be followed by the court
when a defendant may be incompetent to stand trial in a violation
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