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Source: This Rule is derived in part from former Rule 1314 and in part new. REPORTER’S NOTE New section (e) is proposed in response to a letter from John Amato, IV, Esq., regarding a case in which his client had appealed a judgment in the District Court for an unpaid hospital bill. Because there is no mechanism for the circuit court to notify the District Court that the judgment was reversed, even though the client won in the circuit court on appeal, the District Court judgment still appeared in the records of that court, and the hospital attorney served a wage garnishment against Mr. Amato’s client. The Rules Committee proposes the addition of a new section (e) to Rule 7-112 that requires the circuit court clerk to notify the District Court clerk when a superseding circuit court judgment has been entered. New subsection (f)(4) is proposed to solve the problem caused by the lack of a means to take custody of a defendant who has withdrawn or dismissed an appeal in circuit court after having been convicted in the District Court, sentenced to a term of confinement, and released pending appeal. The Committee recommends that language be added to provide that the circuit court shall either issue a warrant for the defendant to be taken into custody and brought before a judge or commissioner of the District Court for the entry of a commitment that conforms to the judgment in the District Court or enter an order that requires the defendant to appear for that purpose. Because the circuit court case has a different number from the District Court case, the Committee recommends that the warrant or order identify the District Court case by name and number. -226-
MARYLAND RULES OF PROCEDURE TITLE 7 - APPELLATE AND OTHER JUDICIAL REVIEW IN CIRCUIT COURT CHAPTER 100 - APPEALS FROM THE DISTRICT COURT TO THE CIRCUIT COURT AMEND Rule 7-115 to clarify it, as follows: Rule 7-115. RETURN OF RECORD TO DISTRICT COURT Upon entry of the circuit court’s order under Rule 7-113 (g), or upon any other termination of the an appeal that was not heard de novo in the circuit court, the clerk of the circuit court shall transmit a copy of the order to the District Court. Any order of satisfaction shall be docketed in the District Court. Unless the circuit court orders otherwise, the original papers included in the record shall be transmitted with the copy of the order. Cross reference: Rule 7-112 (e) governs the notice to the District Court when an appeal was heard de novo in the circuit court. Source: This Rule is derived from former Rule 1377. REPORTER’S NOTE The proposed amendment to Rule 7-115 makes clear that the Rule does not apply to de novo appeals. -227-
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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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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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Page 179 and 180: contents of the foregoing schedule
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Page 187 and 188: otherwise delivers to the creditor
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Page 195 and 196: following form: [CAPTION] NOTICE OF
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Page 243 and 244: proceedings; or (3) in a criminal c
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Page 253 and 254: (c) Covers color: A brief shall hav
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Page 263 and 264: Cross reference: Code, Estates and
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Page 267 and 268: nature, extent, and probable durati
Page 269 and 270: prior to July 1, 2001, but the fact
Page 271 and 272: (e) (f) Permitted Disclosure . . .
Page 273 and 274: (c) Form of Petition The petition s
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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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