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MARYLAND RULES OF PROCEDURE TITLE 8 - APPELLATE REVIEW IN THE COURT OF APPEALS AND COURT OF SPECIAL APPEALS CHAPTER 400 - PRELIMINARY PROCEDURES AMEND Rule 8-423 to delete the word “ordinary” from section (b) and to provide that the court may reduce the amount of a supersedeas bond under certain circumstances, as follows: Rule 8-423. SUPERSEDEAS BOND (a) Condition of Bond A 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 ordinarily shall be the sum that will cover the whole amount of the judgment remaining unsatisfied plus interest and costs, except that the court, after -64-
taking into consideration all relevant factors, may reduce the amount of the bond upon making specific findings justifying the amount. Cross reference: Rule 1-402 (d); O'Donnell v. McGann, 310 Md. 342, 529 A.2d 372 (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. Source: This Rule is derived as follows: Section (a) is derived from former Rule 1018 a. Section (b) is derived from former Rule 1018 b and 1020 a. REPORTER’S NOTE The Rules Committee considered the request of Dennis McCoy, Esq., that a supersedeas bond limit of $25 million be added to the Rules to ensure that a defendant’s right to appeal is fully protected. The Committee believes that establishment of a supersedeas bond limit in a specific dollar amount is a matter for the legislature to determine. The Rules Committee recommends that Rule 8-423 be amended to expressly provide that after taking into account all relevant factors and upon making specific findings, a court may reduce the amount of the supersedeas bond below the amount that would cover the whole amount of the judgment remaining unsatisfied plus interest and costs. The Committee considered including in the -65
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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
Page 13 and 14: Source: This Rule is derived from f
Page 15 and 16: of the amendment, whichever is late
Page 17 and 18: MARYLAND RULES OF PROCEDURE TITLE 2
Page 19 and 20: as of right; and (F) (H) any other
Page 27 and 28: REPORTER’S NOTE Chapter 534, Laws
Page 29 and 30: REPORTER’S NOTE See the Reporter
Page 33 and 34: Insurance Commissioner of Maryland
Page 37 and 38: Section (d) (c) is derived from for
Page 39 and 40: under Rule 4-345, or the defendant
Page 41 and 42: under Code, Criminal Procedure Arti
Page 43 and 44: -43- ______ ______ proven not prove
Page 45 and 46: custody, arrest, or detention of or
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Page 49 and 50: to conform his or her conduct to th
Page 51 and 52: of us, but fewer than all 12, find
Page 53 and 54: We unanimously determine the senten
Page 59 and 60: within 15 days after service of the
Page 61 and 62: language of the proposed amendment
Page 63: irregularity. If the appeal is rein
Page 69 and 70: (c) Service (d) Response (e) Hearin
Page 71 and 72: Family Law Article, Titles 1 and 5
Page 75 and 76: Agency Guardianship), Form 9-102.9
Page 77 and 78: (C) Notice The court shall send to
Page 79 and 80: (c) If I choose to seek the appoint
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Page 85 and 86: 3. Right to Attorney. I understand
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Page 91 and 92: in subsection (b)(2)(B)(iv) and add
Page 93 and 94: (H) If the person to be adopted is
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Page 97 and 98: ehalf of each petitioner in connect
Page 99 and 100: e stated is known to a child placem
Page 101 and 102: affect the consent signed by the pe
Page 103 and 104: Promptly Upon upon the filing of a
Page 105 and 106: directs to be served. (B) If the pa
Page 107 and 108: e published at least one time in on
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Page 111 and 112: WHETHER THE PETITION REQUESTS ADOPT
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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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Counsel to issue a subpoena to obta
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The Board may authorize a further i
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(l) Action by Commission The Commis
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(1) Upon application by Investigati
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2. "Local administrative judge" mea
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(iii) The use of electronic or phot
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proceedings, and cases involving tr
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3. 6. Not more than one audio syste
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New language is proposed to be adde
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In addition to the mailed notice, t
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Upon payment in cash or by certifie
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estores the lawyer to good standing
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shall prepare, certify, and file wi
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MARYLAND RULES OF PROCEDURE APPENDI
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issues. In light of this change, th
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REPORTER’S NOTE See the Reporter
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price as set forth in the report of
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should advise the client about thos
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REPORTER’S NOTE Russell Butler, E
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(1) Contents (2) Exhibits (c) Petit
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The time for revocation of consent
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the guardian and a reference to the
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in compliance with the jurisdiction
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epresented. (4) §§5-3B-06 and 5-3
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court shall appoint an attorney who
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(Note to Drafter of Show Cause Orde
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participate effectively in the adop
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___________________________________
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[ ] I am the person to be adopted a
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The court shall order an investigat
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If the show cause order is served o
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of the presence of all persons othe
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Before entering a judgment of adopt
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the Department of Health and Mental
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If you are unable to afford a lawye
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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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