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make any amendments to the pleadings necessary to bring the action within the jurisdiction of the District Court. Actions (3) If Circuit Court Has Jurisdiction -- Domestic Violence (A) In an action under Code, Family Law Article, Title 4, Subtitle 5, after entering a temporary protective order granting ex parte relief, a circuit court, on motion or on its own initiative, may transfer the action to the District Court for the protective order hearing if, after inquiry, the court finds that (i) there is no other action between the parties pending in the circuit court, (ii) the respondent has sought relief under Code, Family Law Article, Title 4, Subtitle 5, in the District Court, and (iii) in the interests of justice, the action should be heard in the District Court. (B) In determining whether a hearing in the District Court is in the interests of justice, the court shall consider (i) the safety of each person eligible for relief, (ii) the convenience of the parties, (iii) the pendency of other actions involving the parties or children of the parties in one of the courts, (iv) whether a transfer will result in undue delay, (v) the services that may be available in or through each court, and (vi) the efficient operation of the courts. (C) The consent of the parties is not required for a transfer under this subsection. (D) After the action is transferred, the District Court -16
has jurisdiction for the purposes of enforcing and extending the temporary ex parte protective order as allowed by law. Cross reference: See Code, Family Law Article, §4-505 (c) concerning the duration and extension of a temporary ex parte protective order. . . . REPORTER’S NOTE Concerning the proposed new cross reference following subsection (a)(1) of Rule 2-327, see the Reporter’s Note to the proposed amendment to Rule 2-101. The proposed amendments to Rules 2-327 (a)(3) and 3-326 (c) conform the terminology of the Rules to a recent Constitutional amendment (Chapter 587, Acts of 2002), which was ratified by the voters in the November 2002 election, and implementing legislation (Chapter 235, Acts of 2002). The Constitutional amendment and amendments to Code, Family Law Article, Title 4, Subtitle 5 allow a District Court Commission to issue an “interim protective order” under certain circumstances when the District Court clerk’s office is not open for business. Only a judge may issue a “temporary protective order” or a “final protective order.” Rules 2-327 (a)(3) and 3-326 (c) allow domestic violence actions to be transferred from the District Court to a circuit court, or vice versa, under certain circumstances. The amendments conform the Rules to the new “temporary protective order” and “final protective order” terminology. -17
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
Page 13 and 14: MARYLAND RULES OF PROCEDURE TITLE 3
Page 15: MARYLAND RULES OF PROCEDURE TITLE 2
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
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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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