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MARYLAND RULES OF PROCEDURE TITLE 2 - CIVIL PROCEDURE — CIRCUIT COURT CHAPTER 100 - COMMENCEMENT OF ACTION AND PROCESS AMEND Rule 2-101 to allow a certain action to be filed in a circuit court within 30 days after a certain order of dismissal in the District Court and to make certain stylistic changes, as follows: Rule 2-101. COMMENCEMENT OF ACTION (a) Generally court. A civil action is commenced by filing a complaint with a (b) After Certain Dismissals by a Federal District Court or a Court of Another State Except as otherwise provided by statute, if an action is filed in a United States District Court federal district court or a court of another state within the period of limitations prescribed by Maryland law and the foreign that court enters an order of dismissal (1) for lack of jurisdiction, (2) because the court declines to exercise jurisdiction, or (3) because the action is barred by the statute of limitations required to be applied by that court, an action filed in this State a circuit court within 30 days after the foreign court's order of dismissal shall be treated as timely filed in this State. Cross reference: Code, Courts and Judicial Proceedings Article, §5-115. -10-
(c) After Dismissal by the District Court for Lack of Subject Matter Jurisdiction If an action is filed in the District Court of this State within the period of limitations prescribed by Maryland law and the District Court dismisses the action for lack of subject matter jurisdiction, an action filed in a circuit court within 30 days after the District Court enters the order of dismissal shall be treated as timely filed in the circuit court. Source: This Rule is derived as follows: Section (a) is derived from FRCP 3 the 1937 version of Fed. R. Civ. P. 3 and former Rules 140 a and 170 a. Section (b) is new. Section (c) is new. REPORTER’S NOTE The proposed amendment to Rule 2-101 allows a plaintiff who has timely filed an action in the District Court that should have been filed in a circuit court to file a new complaint in the correct court within 30 days after an order of dismissal for lack of jurisdiction is entered in the District Court. The Committee initially had considered a rule change that would give the District Court the discretion to transfer the action to a circuit court in a manner similar to the transfer that is allowed from a circuit court to the District Court under Rule 2-327 (a). The Committee believes that that approach is inadvisable due to the higher filing fees and more stringent pleading requirements in circuit court, as well as timing issues pertaining to the filing of the defendant’s first responsive pleading to the complaint. The Committee also has considered the problem of the timely filing in a circuit court of an action that is within the exclusive jurisdiction of the District Court. Although the Committee believes that under the circumstances described in Rule 2-327 (a) (“the [circuit] court determines that ... the action should not be dismissed”) it may be an abuse of discretion not to transfer the action to the District Court (see, e.g., Safe Deposit Co. v. Cahn, 102 Md. 530 (1906) and Corkran v. Zoning Comm’r., 41 Md. App. 437 (1979)), the Committee also believes -11-
Page 1 and 2: STANDING COMMITTEE ON RULES OF PRAC
Page 3 and 4: July 30, 2003 ONE HUNDRED FIFTY-SEC
Page 5 and 6: P. 26 (a)(3). New Committee notes p
Page 7 and 8: In Category Eleven are a proposed a
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Page 17 and 18: has jurisdiction for the purposes o
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Page 25 and 26: individual members of the class tha
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was present or represented at the t
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MARYLAND RULES OF PROCEDURE TITLE 2
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REPORTER’S NOTE The proposed dele
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decisions made at the conference. T
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REPORTER’S NOTE The proposed amen
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MARYLAND RULES OF PROCEDURE APPENDI
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REPORTER'S NOTE The proposed amendm
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may direct that prospective jurors
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one peremptory challenge for each g
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(c) Jury List Before the examinatio
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(g) (h) Designation of List of Qual
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The court shall appoint at least tw
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Proposed amendments to Rules 2-521
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to writing may be taken into the ju
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(c) "Verdict" Defined For purposes
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process is not made and the summons
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and time for trial of the action. W
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sufficient to allow the plaintiff t
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(5) A defendant who is served with
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Rule 4-216. PRETRIAL RELEASE (a) In
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Article, §5-202 (b), (c), (d), or
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or the alleged victim’s premises
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Recommendation of the Rules Committ
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commissioner's pretrial release det
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REPORTER’S NOTE The Pretrial Rele
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under subsection (e)(4)(B). A third
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copy of the notice shall be furnish
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REPORTER’S NOTE In his June 21, 2
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"Information" means a charging docu
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With the addition of the definition
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opportunity for hearing, may requir
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emoval shall designate the county t
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certain circumstances. (f) Allocuti
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(2) District Court Upon the entry o
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ond hereby secured remains undischa
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REPORTER’S NOTE The proposed amen
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disposition or a General Waiver and
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imprisonment; and I am not now a de
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company, unincorporated association
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_____________________________ _____
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personal representative and consent
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_______________________________ ___
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contents of the foregoing schedule
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writing, shall set forth the relief
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in the presence of the Register of
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otherwise delivers to the creditor
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Date: __________________ __________
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following form: [CAPTION] NOTICE OF
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3. I acknowledge that I must file a
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Modified Administration, the person
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Inventory and Account, as required,
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FINAL REPORT UNDER MODIFIED ADMINIS
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ATTACH ADDITIONAL SCHEDULES AS NEED
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which qualify the personal represen
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CONSENT TO EXTEND TIME TO FILE FINA
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equired for trial or any other proc
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REPORTER’S NOTE The Rules Committ
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the briefs filed. (6) Any motion fo
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pages in length. Within ten days af
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the Court of Appeals shall certify,
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proceedings; or (3) in a criminal c
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appellee's brief together with a st
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included in all copies of the recor
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appellant/cross-appellee shall file
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include the circuit court docket en
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(c) Covers color: A brief shall hav
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espect to the case, including an or
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numbered, indicating the legal prop
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Cross reference: Code, Estates and
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Source: This Rule is derived as fol
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nature, extent, and probable durati
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prior to July 1, 2001, but the fact
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(e) (f) Permitted Disclosure . . .
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(c) Form of Petition The petition s
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of the Court of Appeals also shall
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accordance with Rule 16-752 to hold
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including on a court holiday or aft
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(c) Refusal to Perform Ceremony A j
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(vi) implementation and enforcement
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Rule; (2) within the two-year perio
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follows: MARYLAND RULES OF PROCEDUR
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agreement may include provisions st
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alternative dispute resolution proc
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Administrative Office of the Courts
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REPORTER’S NOTE The Implementatio
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(C) legislation that may affect the
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The Executive Committee shall conve
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exercise, naming the date; and (3)
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MARYLAND RULES OF PROCEDURE RULES G
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REPORTER’S NOTE See the Reporter
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production to the court upon the re
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follows: MARYLAND RULES OF PROCEDUR
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Proof of service and mailing shall
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Proof of service and mailing shall
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9 malicious destruction of property
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peace order” or a “final peace
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circulation in the county in which
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an affidavit (A) that the person ha
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Additionally, the amendments requir
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things, it will prevent the practic
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injuries. Identify all persons with
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