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Management Program. Amendments to Rule 17-108 provide that fee schedules for persons conducting alternative dispute proceedings are set by the circuit administrative judge, rather than the county administrative judge. The two Rules changes in Category Sixteen are proposed at the request of the State Board of Law Examiners. Proposed amendments to Rules 6 and 9 of the Rules Governing Admission to the Bar of Maryland allow the Board additional time to process a petition to take an examination and modify the provisions pertaining to certification of eligibility to take the examination. In Category Seventeen are amendments to Rules 1-201, 1-202, 1-203, 1-204, 1-301, 1-311, 1-321, 1-404, 2-112, 2-121, 2-126, 2-201, 2-211, 2-212, 2-213, 2-214, 2-221, 2-241, 2-301, 2-302, 2-303, 2-304,2-305, 2-322, 2-323, 2-324, 2-325, 2-403, 2-404, 2-414, 2-418, 2-433, 2-506, 2-510, 2-511, 2-519, 2-520, 2-522, 2-532, 2-533, 2-534, 2-535, 2-601, 2-602, 2-613, 2-632, 2-648, 3-112, 3-121, 3-126, 3-201, 3-211, 3-212, 3-213, 3-214 3-241, 3-301, 3-302, 3-303, 3-305, 3-506, 3-510, 3-519, 3-533, 3-534, 3-535, 3-601, 3-602, 3-632, 3-648, 15-504, and 15-505. All are proposed to clarify the source of Maryland Rules that are derived from or otherwise based on federal rules. Because some federal rules have been renumbered, the source notes to some Maryland Rules no longer are accurate. By adding to the source note the date of the version of the federal rule that corresponds to the Maryland Rule, the source notes are made historically accurate. The final category, Category Eighteen, contains miscellaneous, mostly “housekeeping,” amendments to sixteen Rules and one Form. Most of the proposed changes conform the Rule or Form to a statute, a case, or another Rule or clarify, correct, or restyle it. In this Category are Rules 1-322, 2-541, 2-644, 2-645, 3-645, 2-649, 3-649, 3-731, 5-407, 5-412, 9-208, 12-103, 14-206, 14-306, 15-502, and 16-401 and Form No. 5 in the Appendix of Form Interrogatories. Three of the proposals go beyond mere “housekeeping.” The proposed amendment to Rule 1-322 makes clear that when a rule requires that a pleading, motion, or other paper be “filed,” the pleading, motion, or other paper must be in writing and delivered to the clerk of the court or a judge of that court. The addition of the word “only” to subsection (b)(1) of Rule 2-541 is proposed to close a potential loophole that could provide a way around the limitations imposed by Rule 9-208. The proposed amendments to Rule 15-502 conform the Rule to the “separate document” requirement of Rule 2-601 and require that the reasons for the issuance or denial of an injunction be stated in writing or on the record. -8-
For the guidance of the Court and the public, following each proposed rules change is a Reporter’s Note describing the reasons for the proposal and any changes that would be effected in current law or practice. We caution that these Reporter’s Notes were prepared initially for the benefit of the Rules Committee; they are not part of the Rules and have not been debated or approved by the Committee; and they are not to be regarded as any kind of official comment or interpretation. They are included solely to assist the Court in understanding some of the reasons for the proposed changes. JFM/LMS:cdc Respectfully submitted, Joseph F. Murphy, Jr. Chairpersons Linda M. Schuett Vice Chairperson -9-
Page 1 and 2: STANDING COMMITTEE ON RULES OF PRAC
Page 3 and 4: July 30, 2003 ONE HUNDRED FIFTY-SEC
Page 5 and 6: P. 26 (a)(3). New Committee notes p
Page 7: In Category Eleven are a proposed a
Page 11 and 12: (c) After Dismissal by the District
Page 13 and 14: MARYLAND RULES OF PROCEDURE TITLE 3
Page 17 and 18: has jurisdiction for the purposes o
Page 19 and 20: whether a transfer will result in u
Page 21 and 22: action was not entitled to be trans
Page 23 and 24: notice of intention to defend or ot
Page 25 and 26: individual members of the class tha
Page 27 and 28: or complication in the presentation
Page 29 and 30: REPORTER’S NOTE The Rules Committ
Page 31 and 32: compromise shall be given to stockh
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Page 35 and 36: When a ruling upon on a motion for
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Page 49 and 50: Subsection (f)(1) is derived in par
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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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MARYLAND RULES OF PROCEDURE TITLE 2
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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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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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