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efore trial to allow for a ruling by the court and, if appropriate, further deposition. In ruling on a motion to suppress, the court may grant leave to any party to depose the deponent further on terms and conditions the court deems appropriate. Source: This Rule is derived as follows: Section (a) is derived from former Rule 409 c. Section (b) is derived from former Rule 409 a. Section (c) is derived from former Rule 411 b 3. Section (d) is derived in part from former Rules 411 a and 412 e and in part from the 1993 version of Fed. R. Civ. P. 30 (e). Section (e) is derived from former Rule 411 b 1, 2 and 5. Section (f) is derived from former Rule 411 b 4. Section (g) is derived from former Rules 409 c 2, and 412 c 1 and 2. Section (h) is derived from former Rule 422 a 2. Section (i) is new. Section (i) (j) is derived from former Rule 412 d and e. REPORTER’S NOTE The Rules Committee recommends that section (d) of Rule 2- 415 be amended to allow for changes to form and substance of testimony contained in deposition transcripts. The amendments are derived from Fed. R. Civ. P. 30 (e). The proposed amendments to Rule 2-415(d), in conjunction with proposed amendments to Rule 2-501, are intended to respond to the invitation of the Court of Appeals in Pittman v. Atlantic Realty Co., 359 Md. 513 (2000) for the Rules Committee to study the issue of “sham affidavits” and “recommend 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. If changes and signing are not waived by the deponent and the parties, the deponent, within 30 days after the transcript is mailed or submitted to him or her, may make changes to the transcript and shall sign it. The changes may be to the form or substance of the testimony and must be set forth on a separate correction sheet, together with the reason for each change. If the deponent does not timely sign the transcript, the officer before whom the deposition was taken shall sign it, certifying the date that the transcript, together with the notice required by section (d), was submitted to the deponent and that the -58
transcript was not signed and returned within the allowed time. The requirement in current section (d) that the officer state why the deponent has not signed is proposed to be deleted because the officer usually does not know why. Proposed new section (i), pertaining to substantive changes, allows a further deposition on the subject matter of the change and a mechanism for objecting to the further deposition by filing a motion for a protective order pursuant to Rule 2-403. Section (j), pertaining to objections as to the manner of recording and the manner of preparing transcripts, retains the motion to suppress as the mechanism for filing objections concerning these matters. The sentence pertaining to motions to suppress corrections is proposed to be deleted in light of the proposed changes set forth above. -59
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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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process is not made and the summons
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and time for trial of the action. W
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MARYLAND RULES OF PROCEDURE TITLE 3
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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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