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MARYLAND RULES OF PROCEDURE TITLE 3 - CIVIL PROCEDURE -- DISTRICT COURT CHAPTER 700 - SPECIAL PROCEEDINGS AMEND Rule 3-701 to clarify section (c) and to add a certain cross reference, as follows: Rule 3-701. SMALL CLAIM ACTIONS (a) Applicable Rules The rules of this Title apply to small claim actions, except as provided in this Rule. Cross reference: Code, Courts Article, §4-405. (b) Forms Forms for the commencement and defense of a small claim action shall be prescribed by the Chief Judge of the District Court and used by persons desiring to file or defend such an action. (c) Trial Date and Time The original trial date for a small claim action shall be within 60 days after the filing of the complaint, except that the original trial date shall be within 90 days after the filing of the complaint if service of the complaint is to be made outside this State or on a statutory agent for the defendant. The A small claim action shall be tried at a special session of the court designated for the trial of small claim actions. Upon the filing of the complaint, the clerk shall fix the date -110-
and time for trial of the action. When the notice of intention to defend is due within 15 days after service, the original trial date shall be not less than 60 days after the complaint was filed. When the notice of intention to defend is due within 60 days after service, the original trial date shall be not less than 90 days after the complaint was filed. With leave of court, an action may be tried sooner than on the date originally fixed. Cross reference: See Rule 3-307 concerning the time for filing a notice of intention to defend. (d) Counterclaims -- Cross-claims -- Third-party Claims If a counterclaim, cross-claim, or third-party claim in an amount exceeding the jurisdictional limit for a small claim action (exclusive of interest, costs, and attorney's fees and exclusive of the original claim) is filed in a small claim action, this Rule shall not apply and the clerk shall transfer the action to the regular civil docket. Cross reference: Rule 3-331 (f). (e) Discovery Not Available No pretrial discovery under Chapter 400 of this Title shall be permitted in a small claim action. (f) Conduct of Trial The court shall conduct the trial of a small claim action in an informal manner. Title 5 of these rules does not apply to proceedings under this Rule. Cross reference: See Rule 5-101 (b)(4). -111
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STANDING COMMITTEE ON RULES OF PRAC
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July 30, 2003 ONE HUNDRED FIFTY-SEC
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P. 26 (a)(3). New Committee notes p
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In Category Eleven are a proposed a
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For the guidance of the Court and t
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(c) After Dismissal by the District
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MARYLAND RULES OF PROCEDURE TITLE 3
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has jurisdiction for the purposes o
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whether a transfer will result in u
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action was not entitled to be trans
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notice of intention to defend or ot
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individual members of the class tha
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or complication in the presentation
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REPORTER’S NOTE The Rules Committ
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compromise shall be given to stockh
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contended that there is a genuine d
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When a ruling upon on a motion for
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motions. Cross reference: Rule 2-31
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of any insurance agreement under wh
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written report made by the expert c
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Subsection (f)(1) is derived in par
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allowed. The transcript may then be
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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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