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appropriate adjustments in other Rules of Procedure if the trial courts were given the discretion under Rule 2-501 to strike a sham affidavit.” Id. at 542. Additionally, certain deletions and other amendments to sections (a) and (f) are proposed. The deletion of the phrase “at any time” from section (a) is in response to Pittman, supra, and makes clear that the motion may not be filed “at any time” if the filing is not in accordance with a scheduling order entered under Rule 2-504. The addition of the phrase “or ... based on facts not contained in the record” makes clear that the affidavit requirement of Rule 2-311 (f), applicable to motions, generally, also applies to motions for summary judgment. The deletion of language from section (f) conforms that section to section (e), from which similar language previously was deleted. The change of the word “upon” to “on” is stylistic, only. -36
MARYLAND RULES OF PROCEDURE TITLE 2 - CIVIL PROCEDURE--CIRCUIT COURT CHAPTER 300 - PLEADINGS AND MOTIONS AMEND Rule 2-311 to delete certain language from section (d), as follows: Rule 2-311. MOTIONS . . . (d) Affidavit A motion or a response to a motion that is based on facts not contained in the record or papers on file in the proceeding shall be supported by affidavit and accompanied by any papers on which it is based. . . . REPORTER’S NOTE The proposed amendments to Rules 2-311 and 8-431 conform the language of the Rules to the terminology of a proposed amendment to Rule 2-501 (a) by deleting from Rule 2-311 (d) the phrase “or papers on file in the proceeding” as superfluous. Any such paper is part of the record. -37-
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 17 and 18: has jurisdiction for the purposes o
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: When a ruling upon on a motion for
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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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Page 77 and 78: REPORTER’S NOTE The proposed amen
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MARYLAND RULES OF PROCEDURE TITLE 2
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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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