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(c) After Dismissal by the Circuit Court for Lack of Subject Matter Jurisdiction If an action is filed in the circuit court within the period of limitations prescribed by Maryland law and the circuit court dismisses the action for lack of subject matter jurisdiction, an action filed in the District Court within 30 days after the circuit court enters the order of dismissal shall be treated as timely filed in the District 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 M.D.R. 100. Section (b) is new. Section (c) is new. REPORTER’S NOTE See the Reporter’s note to the proposed amendment to Rule 2-101. -14-
MARYLAND RULES OF PROCEDURE TITLE 2 - CIVIL PROCEDURE--CIRCUIT COURT CHAPTER 300 - PLEADINGS AND MOTIONS AMEND Rule 2-327 to add a certain cross reference and to conform subsection (a)(3) to a certain constitutional amendment and legislation, as follows: Rule 2-327. TRANSFER OF ACTION (a) Transfer to District Court (1) If Circuit Court Lacks Jurisdiction If an action within the exclusive jurisdiction of the District Court is filed in the circuit court but the court determines that in the interest of justice the action should not be dismissed, the court may transfer the action to the District Court sitting in the same county. Cross reference: See Rule 3-101 (c) concerning complaints that are timely filed in the circuit court and dismissed for lack of subject matter jurisdiction. (2) If Circuit Court Has Jurisdiction -- Generally Except as otherwise provided in subsection (a)(3) of this Rule, the court may transfer an action within its jurisdiction to the District Court sitting in the same county if all parties to the action (A) consent to the transfer, (B) waive any right to a jury trial they currently may have and any right they may have to a jury trial following transfer to the District Court, including on appeal from any judgment entered, and (C) -15-
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 and 12: (c) After Dismissal by the District
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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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Page 29 and 30: REPORTER’S NOTE The Rules Committ
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Page 41 and 42: motions. Cross reference: Rule 2-31
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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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