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16-808, 17-104, 17-105, 17-107, 17-108, and 17-109; Forms 4- 217.1, 4-503.4, 4-504.1; and Appendix: Form Interrogatories, Form Nos. 3, 5, and 7 of the Maryland Rules of Procedure and Rules 6 and 9 of the Rules Governing Admission to the Bar of Maryland. The Committee’s One Hundred Fifty-Second Report and the proposed new rules and amendments are set forth below. Interested persons are asked to consider the Committee’s Report and proposed rules changes and to forward on or before September 22, 2003 any written comments they may wish to make to: Sandra F. Haines, Esq. Reporter, Rules Committee Room 1.517 100 Community Place Crownsville, Maryland 21032-2030 -2- ALEXANDER L. CUMMINGS Clerk Court of Appeals of Maryland
July 30, 2003 ONE HUNDRED FIFTY-SECOND REPORT OF THE STANDING COMMITTEE ON RULES OF PRACTICE AND PROCEDURE The Honorable Robert M. Bell, Chief Judge The Honorable John C. Eldridge The Honorable Irma S. Raker The Honorable Alan M. Wilner The Honorable Dale R. Cathell The Honorable Glenn T. Harrell, Jr. The Honorable Lynne A. Battaglia, Judges The Court of Appeals of Maryland Robert C. Murphy Courts of Appeal Building Annapolis, Maryland 21401 Your Honors: The Rules Committee submits this, its One Hundred Fifty- Second Report, and recommends that the Court adopt the proposed rules changes transmitted with this Report. The proposed changes fall into eighteen categories. Following is a brief description of the principal proposals in each category. In Category One are five rules pertaining to the transfer of actions between courts. Proposed amendments to Rules 2-101 and 3-101 allow a plaintiff who timely filed an action in the District Court that should have been filed in a circuit court, or vice versa, 30 days after the order of dismissal to file the action in the correct court. Amendments to the sections of Rules 2-327 and 3-326 that allow certain transfers of domestic violence -3-
Page 1: STANDING COMMITTEE ON RULES OF PRAC
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 35 and 36: When a ruling upon on a motion for
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MARYLAND RULES OF PROCEDURE TITLE 2
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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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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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