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(d) Effect of Failure to Answer The failure of a law enforcement agency or State's Attorney to file an answer within the 30-day period constitutes a consent to the expungement as requested. Source: This Rule is derived from former Rule EX4. REPORTER’S NOTE Julia M. Andrew, Esq., Assistant Attorney General, explained in a letter that a law enforcement agency is not required to file an answer to an application for expungement if the agency previously filed a timely notice of denial. The current language of section (d) of Rule 4-505 is misleading because it does not refer to a filing of a notice of denial, and Ms. Andrew suggested that this language be added. The Rules Committee recommends, instead, that the agency always be required to file an answer if it objects to the expungement. This change makes the Rule in conformance with Form 4-503.4, Notice of Hearing, which requires an answer stating the agency’s specific grounds for objection if it wishes to oppose an application for expungement of records. Ms. Andrew agreed with the recommendation of the Rules Committee. -160-
MARYLAND RULES OF PROCEDURE TITLE 4 - CRIMINAL CAUSES BAIL BOND FORMS AMEND Form 4-217.1 to state the statutory capitalization rates for ground leases, as follows: Form 4-217.1. DECLARATION OF TRUST OF REAL ESTATE TO SECURE PERFORMANCE OF A BAIL BOND STATE OF MARYLAND, DECLARATION OF TRUST OF REAL ESTATE TO SECURE PERFORMANCE OF A BAIL BOND The undersigned [ ] Defendant, [ ] Surety, ................. ...................... of ....................................., (Name) (Address) in order to secure the performance of the bail bond annexed hereto, being first sworn (or, if Surety is a corporation, its undersigned officer being first sworn), acknowledges and declares under oath as follows: That the undersigned is the sole owner of [ ] a fee simple absolute, or [ ] a leasehold subject to an annual ground rent of $......................, in certain land and premises situate in .................................. Maryland and described as (County) ................................................................. (lot, block, and subdivision or other legal description) -161-
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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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transcript was not signed and retur
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was present or represented at the t
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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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Page 131 and 132: REPORTER’S NOTE The Pretrial Rele
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Page 165 and 166: REPORTER’S NOTE The proposed amen
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Page 179 and 180: contents of the foregoing schedule
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Page 195 and 196: following form: [CAPTION] NOTICE OF
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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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