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P. 26 (a)(3). New Committee notes proposed to be added to Rules
2-633 and 3-633 clarify that post-judgment discovery is in
addition to pre-judgment discovery.
Additional Rules changes in Category Three are amendments to
Rules 2-311, 8-431, 2-419, 2-432, 2-504, 4-261, 16-808, and Form
Nos. 3 and 7 in the Appendix of Form Interrogatories, which are
proposed as conforming amendments to the principal changes in the
Category or as otherwise described in the Reporter’s note that
follows each Rule or Form.
Proposed Rules changes pertaining to jury trials are set
forth in Category Four. The proposals include new provisions
pertaining to the discharge of alternate jurors, the completion
of advance questionnaires by jurors, the selection of the jury
foreperson, and the use of juror notes and notepads. The six
Rules in this Category that are proposed to be amended are Rules
2-512, 4-312, 4-314, 2-521, 4-326, and 5-606.
In Category Five are amendments to six rules pertaining to
service of process and the time within which a defendant must
file a response to an original pleading. Proposed amendments to
Rules 3-102, 3-701, and 3-307 delete the term “statutory agent,”
which has caused some confusion among practitioners, and
generally clarify provisions as to the setting of the original
trial date and the filing of a notice of intention to defend.
Amendments to Rules 2-321, 2-124, and 3-124 are proposed for the
reasons stated in the Reporter’s notes to those Rules.
Category Six comprises proposed amendments to Rule 4-216,
Pretrial Release, and related amendments to Rules 4-213, 4-222,
4-231, and 4-349. Many of the proposals are in response to
recommendations contained in the October 11, 2001 Report of the
Pretrial Release Advisory Committee. Where the recommendation of
the Rules Committee differs from that of the Advisory Committee,
such as on the topics of the so-called “10% Option” and when a
judicial officer must provide written reasons for a
determination, the proposals are set forth as alternative
versions in the Rule or noted in the Reporter’s note that follows
the Rule.
Rules changes pertaining to procedure in criminal causes,
other than pretrial release procedures, are in Category Seven.
Amendments to Rules 4-102, 4-217, 4-254, 4-313, 4-342, 4-354, and
4-505 and Forms 4-217.1, 4-503.4, and 4-504.1 are proposed for
the reasons stated in the Reporter’s note that follows each Rule
or Form.
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