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it appropriate to put the onus for filing an action in the correct court on the party, rather than on the judiciary. Accordingly, the Committee recommends the addition of a new section (c) to Rule 3-101 to provide as to actions that were incorrectly filed in the circuit court a procedure similar to proposed new section (c) of Rule 2-101, which applies to actions that were incorrectly filed in the District Court. Additionally, stylistic changes to Rules 2-101 and 3-101 are proposed. The Committee also proposes the addition of a cross reference to Rule 3-101 (c) following subsection (a)(1) of Rule 2-327. -12
MARYLAND RULES OF PROCEDURE TITLE 3 - CIVIL PROCEDURE--DISTRICT COURT CHAPTER 100 - COMMENCEMENT OF ACTION AND PROCESS AMEND Rule 3-101 to allow a certain action to be filed in the District Court within 30 days after a certain order of dismissal in a circuit court and to make certain stylistic changes, as follows: Rule 3-101. 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 the District 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. -13-
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
Page 9 and 10: For the guidance of the Court and t
Page 11: (c) After Dismissal by the District
Page 15 and 16: MARYLAND RULES OF PROCEDURE TITLE 2
Page 17 and 18: has jurisdiction for the purposes o
Page 19 and 20: whether a transfer will result in u
Page 21 and 22: action was not entitled to be trans
Page 23 and 24: notice of intention to defend or ot
Page 25 and 26: individual members of the class tha
Page 27 and 28: or complication in the presentation
Page 29 and 30: REPORTER’S NOTE The Rules Committ
Page 31 and 32: compromise shall be given to stockh
Page 33 and 34: contended that there is a genuine d
Page 35 and 36: When a ruling upon on a motion for
Page 41 and 42: motions. Cross reference: Rule 2-31
Page 45 and 46: of any insurance agreement under wh
Page 47 and 48: written report made by the expert c
Page 49 and 50: Subsection (f)(1) is derived in par
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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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