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order or judgment relating to custody of or visitation with a minor child, the payment of alimony or support, or the possession or use of the family home or family-use personal property, following service of a show cause order upon the person alleged to be in contempt; (H) modification of an existing order or judgment as to the payment of alimony or support or as to the possession or use of the family home or family-use personal property; (I) counsel fees and assessment of court costs in any matter referred to a master under this Rule; (J) stay of an earnings withholding order; and (K) such other matters arising under this Chapter and set forth in the court’s case management plan filed pursuant to Rule 16-202 b. Committee note: Examples of matters that a court may include in its case management plan for referral to a master under subsection (a)(1)(J) of this Rule include scheduling conferences, settlement conferences, uncontested matters in addition to the matters listed in subsection (a)(1)(A) of this Rule, and the application of methods of alternative dispute resolution. (2) By Order on Agreement of the Parties By agreement of the parties, any other matter or issue arising under this Chapter that is not triable of right before a jury may be referred to the master by order of the court. . . . REPORTER’S NOTE Rule 9-208 (a) is proposed to be amended to delete the phrase “that is not triable of right before a jury” as unnecessary, because no matter or issue arising under Title 9, Chapter 200 is triable of right before a jury. -414
MARYLAND RULES OF PROCEDURE TITLE 12 - PROPERTY ACTIONS CHAPTER 100 - GENERAL PROVISIONS AMEND Rule 12-103 to add a cross reference to Code, Real Property Article, §3-105.1 (e)(1), as follows: Rule 12-103. ACTION FOR RELEASE OF LIEN INSTRUMENT When a mortgage or deed of trust remains unreleased of record, the mortgagor, grantor, or a successor in interest entitled by law to a release may file a complaint for release of the lien instrument in any county where the lien instrument is recorded. The person bringing the action shall include as defendants all other parties to the instrument unless their interest has been assigned or transferred of record, and in that case their successors in interest. If the court orders the lien instrument released of record, the clerk shall record the release in the manner prescribed by law. Cross reference: Code, Real Property Article, §7-106 (e), and §3-105 (d), and 3-105.1 (e)(1). Source: This Rule is new. REPORTER’S NOTE Chapter 348 (HB 1054), Acts of 2003 changed the time for the holder of a mortgage to record the release of a mortgage from seven to 45 days. The Rules Committee recommends adding a cross reference to the modified statute. -415-
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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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