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MARYLAND RULES OF PROCEDURE TITLE 5 - EVIDENCE CHAPTER 400 - RELEVANCY AND ITS LIMITS AMEND Rule 5-407 (b) to clarify it, as follows: Rule 5-407. SUBSEQUENT REMEDIAL MEASURES (a) In General When, after an event, measures are taken which, if in effect at the time of the event, would have made the event less likely to occur, evidence of the subsequent measures is not admissible to prove negligence or culpable conduct in connection with the event. (b) Admissibility for Other Purposes This Rule does not require the exclusion of evidence of subsequent measures when offered for another purpose, such as (1) impeachment or (2) proving if controverted, ownership, control, or feasibility of precautionary measures, if controverted, or impeachment. Source: This Rule is derived from F.R.Ev. 407. REPORTER’S NOTE The proposed amendment to Rule 5-407 makes clear that the phrase “if controverted” modifies not only “feasibility of precautionary measures” but also “ownership” and “control.” -410-
MARYLAND RULES OF PROCEDURE TITLE 5 - EVIDENCE CHAPTER 400 - RELEVANCY AND ITS LIMITS AMEND Rule 5-412 by deleting the list of crimes and substituting a reference to all sex offenses in Title 3, Subtitle 3 of the Criminal Law Article and to two other crimes, and by changing the statutory reference, as follows: Rule 5-412. SEX OFFENSE CASES; RELEVANCE OF VICTIM’S PAST BEHAVIOR In prosecutions for rape, sexual offense in the first or second degree, attempted rape, or attempted sexual offense in the first or second degree any sex offense under Code, Criminal Law Article, Title 3, Subtitle 3 or a lesser included crime; the sexual abuse of a minor under Code, Criminal Law Article, §3-602 or a lesser included crime; or the sexual abuse of a vulnerable adult under Code, Criminal Law Article, §3-604 or a lesser included crime, admissibility of evidence relating to the victim's sexual history is governed by Code, Criminal Law Article, §3-317 §3-319 (b). Committee note: Code, Criminal Law Article, §3-317 (b) governs the admissibility of sexual history evidence only in prosecutions for rape, sexual offense in the first or second degree, attempted rape, or attempted sexual offense in the first or second degree. The admissibility of such evidence in other sexual offense cases is governed by the rules of this Title. Source: This Rule is new. -411-
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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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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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Page 359 and 360: MARYLAND RULES OF PROCEDURE TITLE 2
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