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Category Eight consists of two new Rules proposed to be
added to Title 6 and proposed amendments to ten existing Rules.
New Rule 6-456 provides a form of consent for an extension of
time to file a final report and make distribution in a modified
administration of an estate. New Rule 6-464, based upon Rule 7-
105, allows an orphans’ court to strike a notice of appeal under
certain circumstances. Proposed amendments to Rule 6-105 modify
the definition of “certified mail” and add a definition of
“petition.” Provisions pertaining to limited orders to locate
assets or to locate a will are proposed to be added to Rule 6-
122. New sections (b) and (c) are proposed to be added to Rule
6-461 to allow motions for summary judgment and motions to alter,
amend, or revise a final order to be filed in the orphans’ court
by following the procedure set forth in the applicable Rule in
Title 2, rather than the procedure set forth in Rule 6-461 (d).
Amendments to Rules 6-209, 6-211, 6-411, 6-452, 6-454, 6-455, and
6-107 are proposed for the reasons stated in the Reporter’s note
that follows each Rule, primarily to conform to statutory
changes.
Category Nine consists of two Rules changes pertaining to
de novo appeals in the circuit court. Proposed amendments to
Rule 7-112 require the clerk of the circuit court to notify the
clerk of the District Court when the circuit court enters a
superseding judgment and add a procedure to solve the problem
caused by the lack of a means to take custody of a defendant who
has withdrawn or dismissed an appeal in circuit court after
having been convicted in the District Court, sentenced to a term
of confinement, and released pending appeal. A proposed
amendment to Rule 7-115 makes clear that Rule 7-115 does not
apply to de novo appeals.
Rules changes pertaining to practice in the Court of Appeals
and Court of Special Appeals and the citation of opinions of the
appellate courts are in Category Ten. An amendment to Rule 8-114
and proposed new Rule 1-104 are proposed to govern the citation
of unreported appellate opinions. To address the problem of
under-inclusion of material in the record extract, proposed
amendments to Rule 8-501 include deleting from section (b) a
provision that allows a party to rely on a part of the record
that is not included in the record extract and adding to section
(j) a provision that allows material inadvertently omitted from
the record extract to be included in an appendix to a brief,
including a reply brief. To facilitate reimbursement of expenses
incurred by the Office of the Public Defender, a proposed
amendment to Rule 8-608 requires the Clerk to identify if a
transcript was paid for by that Office. Other Rules changes in
Category Ten are amendments to Rules 8-207, 8-301, 8-305, 8-503,
and 8-504, which are proposed for the reasons set forth in the
Reporter’s note following each Rule.
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