The Rules Have Changed By Elliott Andalman, Esquire

Transcription

1 The Rules Have Changed By Elliott Andalman, Esquire Trial Lawyers Beware! The Rules have changed. By Order of the Court of Appeals, Maryland s Rules have recently undergone significant changes. And, as many of us have learned the hard way, IT S THE RULES, STUPID. So, do not become embarrassed by not knowing the new rules! READ THIS ARTICLE. The following is an overview 1 of the new Maryland Rules of Civil Procedure and amendments to existing Maryland Rules of Civil Procedure as ordered by the Court of Appeals of Maryland on November 12, 2003 and December 8, 2003 pursuant to the 152 nd Report of the Standing Committed on Rules of Practice and Procedure, as well as subsequent orders of March 4 and May 11, The Rules and Orders are available on the Maryland Court of Appeals website: This paper consists of three parts. First is a brief review of the eight new Rules of Civil Procedure. Second is a summary of some of the more significant changes to the existing rules 2. Lastly, six tables listing all of the Rules addressed in the Rules Orders are provided and separated into: Table 1) New Rules Table 2) Amended Rules: Substantive Changes Table 3) New/Amended Rules Forms Table 4) Amended Rules: Non-substantive Changes, Other than Fed. R. Civ. Proc. References Table 5) Amended Rules: Fed. R. Civ. Proc. References Table 6) Rules Governing Admission to the Bar of Maryland For each table entry, below the number of the rule, you will see letter codes in parentheses, to indicate generally the type of change to the Rule. The explanation of the letter codes appears at the end of each table. NEW RULES Unreported Opinions Rule is former Rule 8-114, having been renumbered and transferred from Title 8 of the Rules Appellate Review in Court of Appeals and Court of Special Appeals, to Title 1 General Provisions. Rule considers unreported opinions as non-precedential and nonpersuasive, and limits their citation. 1 This overview is general in nature and not intended to substitute for or replace study of the Maryland Rules of Civil Procedure. 2 A significant number of revisions this year were to amend the source references for each Rule to include a Federal Rules of Civil Procedure reference where applicable. Such revisions are not discussed herein, unless accompanied by substantive amendments to the Rule to conform it to the Federal Rules of Procedure. Elliott Andalman Mary Ellen Flynn Daniel A. Katz Principals Lee Plaza 8601 Georgia Ave. Suite 604 Silver Spring, MD Tel: Fax: andalmanflynn@a-f.net Website:

2 Rule Modified Administration Extension of Time to File a Final Report and to Make Distribution Rule is a new rule allowing for the extension of the final report filing and distribution deadline under modified administration of an estate. The deadline may be extended for 90 days if the personal representative and each interested person signs the consent form required under section (b) of the Rule. The consent form must be filed within 10 months of the date of appointment of the personal representative. Previously no extension of time was allowed and, under Estates and Trusts 5-708(a), failure to timely file the final report and make timely distribution resulted in revocation of modified administration, thus requiring administrative probate of the estate, and the filing of a formal inventory and account. Rule Striking of Notice of Appeal by Orphans Court Rule outlines the circumstances under which the Orphans Court may, upon a motion or its own initiative, strike a notice of appeal. The new Rule, for the most part, mirrors Rule for the Court of Special Appeals. Rules , -822, -823, and -824 Performance of Marriage Ceremonies by Judge, Scheduling, Judicial Action, and Restrictions Rules , , , and follow up on the amendment to Family Law 2-406, which took effect June 1, 2002, authorizing judges to perform marriage ceremonies. Under these Rules, all Maryland judges, including retired judges, of the District Court, a Circuit Court, the Court of Special Appeals, and the Court of Appeals who wish to perform marriage ceremonies may do so. A judge who has agreed to perform a ceremony shall notify the clerk of the court, who shall then record and report the marriage. The Rules further discuss the place, time, and format of the ceremony, as well as restrictions on performing one s own ceremony, compensation, and advertising or solicitation to perform ceremonies. Rules , -1002, -1003, -1004, -1005, -1006, -1007, -1008, -1009, -1010, Access to Court Records Title 16 of the Rules introduces a new chapter, 1000, regarding Access to Court Records, which took effect on October 1, The intent of these Rules is to reach a balance between the Maryland Public Information Act and growing concerns about identity theft, especially in light of a trend toward electronic access of court records 3. Due to the constraints of this article, it is not possible to address these Rules in specific detail. However, these Rules generally identify four types of court records: (1) notice records which are intended to place the public on notice of particular information, such as land records; 3 See Recommendations to the Court of Appeals Court Committee Designated to Develop Rules Regarding Public Access to Court Records, 2

3 (2) administrative records which are those records generated by a court or judicial agency itself for its own internal operations; (3) business license records, which is self-explanatory, except they exclude marriage licenses; and, (4) case records which are those records that are filed with the court in a judicial action or a marriage license; and the extent to which these records, and the information they contain, are open for public inspection. Of note, specific inspection procedures may be established by subsequent Administrative Orders. For example, the Committee Note of Rule indicates that an anticipated Administrative Order will set out specific requirements to allow inspection of records that have not yet been indexed or docketed and may require the filing of additional copies for such inspection. Additionally, Rule sets out the procedure for a motion to seal or limit inspection or permit inspection of a case record. Rule (a) places a duty upon the person filing a case record (i.e. pleading or other document in a court case), to advise whether any part of the record is confidential and not subject to inspection under these Rules. Under Rule (a)(3), the clerk may rely on the filer s failure to note confidential information, and limits the clerk s liability for permitting inspection of confidential information. Likewise, Rule (b) places a duty on the Clerk, as required by future Administrative Order, to shield, upon filing, any confidential information that is brought to the clerk s attention by the person filing the document. Under Rule (b)(2), one may request that confidential information in documents filed before the October 1, 2004 effective date of these Rules be shielded. You should read these Rules and accompanying Committee Notes, so you understand your duties and obligations with regard to confidential information you file with the court. Rule Neutral Experts Rule defines neutral expert and identifies the circumstances under which the parties of a suit may request the participation of a neutral expert during court-ordered mediation or alternative dispute resolution. A neutral expert is one who has special expertise to provide impartial technical background information, an impartial opinion, or both. The neutral expert is bound, under Rule , by confidentiality in mediation, and in all other ADR may be bound by confidentiality if requested by the parties and ADR practitioner. This latter, requested confidentiality renders communication related to the ADR privileged, but this cannot be used offensively to make information otherwise admissible or subject to discovery protected from disclosure. AMENDED RULES Circuit and District Courts Civil Procedure Rules and Commencement of Action 3

4 Rule adds a new section (c) so that if an action filed in the District Court of Maryland within the limitations period is dismissed for lack of subject matter jurisdiction, a subsequent action filed in the Circuit Court within 30 days after entry of the order of dismissal will be treated as timely filed. Conversely, new section (c) of Rule provides that if an action is filed in Circuit Court within the limitations period but is dismissed for lack of subject matter jurisdiction, it is treated as timely filed if filed in the District Court within 30 days after entry of the order of dismissal. Rules and Discovery in Aid of Enforcement Each Rule adds a clarifying committee note that discovery in aid of enforcement of judgment is in addition to pre-judgment discovery. Each also clarifies that Rules and or 3-421, pertaining to methods and number of discovery requests, apply separately to prejudgment and post-judgment discovery. Leave of court is not required to use post-judgment discovery methods, even if the same methods were used pre-judgment. However, as with prejudgment depositions under Rule 2-411, a second deposition post-judgment of the same individual requires leave of the Circuit Court unless Rule 2-415(i), discussed more fully herein, applies due to substantive changes to the deposition transcript. Rules and Charging Order Revises the committee note to indicate that if the person served with a charging order is the plaintiff, and that same person would also be authorized to accept service for the defendant, the validity of the subservice on the defendant is subject to the appropriate due process constraints. Thus, when a judgment creditor of a partner in a partnership serves the partnership with an order charging the partnership interest of the debtor with payment of all amounts due on the judgment, the service requirements of the Rules must be met as well as due process constraints. Circuit Court Civil Procedure Rule General Provisions Governing Discovery New language has been added to the Committee Note of Rule to encourage parties exchanging discovery materials to comply with requests that the material be provided in a word processing file or other electronic format. Rule Scope of Discovery 1. New Court Authority to Limit Discovery Rules changes add a new section 2-402(b) that explicitly authorizes the court, either on motion or on its own initiative after consultation with the parties, to limit or alter the limits set by the Rules on the length and number of depositions, interrogatories, request for production of documents, and requests for admissions. The court is required to limit discovery if it determines 4

5 that (1) the discovery sought is unreasonably cumulative, duplicative, or obtainable more easily from other sources, (2) if the requesting party has had ample opportunity in discovery to obtain the information sought, or (3) the burden of the proposed discovery outweighs its benefit in light of the complexity of the case, amount in controversy, the parties resources, the importance of the issues at stake in the litigation, and the importance of the proposed discovery in resolving the issues. 2. Additional Disclosure With Respect to Expert Witnesses The Rule also has been amended to address Experts Expected to Be Called at Trial in two new subsections: (f)(1)(a) Generally, and (f)(1)(b) Additional Disclosure With Respect to Experts Retained in Anticipation of Litigation or for Trial. New subsection (f)(1)(a), formerly section (e)(1), allows a party, in discovery, to request the identity of and depose any witness, other than a party, who may give an expert opinion at trial, regardless of whether the witness was retained in anticipation of litigation. A new, explanatory committee note has been added to subsection (f)(1)(a), specifying that a party need not name him- or herself as an expert. New subsection (f)(1)(b) allows a party, in addition to the discovery allowed by subsection (f)(1)(a), to require the other party, in interrogatories, to: (1) summarize the qualifications of a person expected to be called as an expert witness at trial whose findings and opinions were obtained in anticipation of litigation or trial, (2) produce any available list of their publications, and (3) state the terms of the experts compensation. Standard General Interrogatory No. 2 of Form No. 3 General Interrogatories, has likewise been revised to conform to this amended Rule. 3. Payment of Expert Fees Additionally, subsection (f)(3)(a) of Rule 2-402, formerly (e)(3)(a), concerning Fees and Expenses of Deposition of Expert Witnesses, has been revised so that unless the court orders otherwise, the party seeking a deposition of an expert expected to be called at trial shall pay each such expert a reasonable fee, not exceeding the expert s rate, for the expert s preparation time, time spent in the deposition, and reasonable travel expenses. Subsection (f)(3)(b), formerly (e)(3)(b), requires the party seeking the deposition of an expert not expected to be called at trial, who has shown substantial need and undue hardship required under subsection (f)(2) and (d), to pay each expert a reasonable fee for deposition preparation. Rule Deposition- Right to Take Rule changes add new language requiring leave of court to (1) take a deposition that is longer than one seven-hour day, or (2) to take a second deposition under Rule 2-415(i), discussed below, because of substantive change to the deposition transcript. Rule Deposition- Procedure 5

6 New language in Rule 2-415(d) sets forth: (1) a notice requirement and specific notice language for the deposition transcript if changes and signing by the deponent are not waived, (2) a procedure for the deponent s signing and noting changes on the correction sheet, and (3) the procedure if no correction sheet is filed. New section (i) establishes the procedure for noting a second deposition upon receipt of a deponent s correction sheet containing substantive changes, unless precluded by a protective order. The second deposition is limited to the subject matter of the substantive changes. Rule Deposition- Use Contains revised language authorizing a party to use a deposition transcript and any correction sheets to contradict or impeach the deponent s testimony. This change is to conform to Rule discussed above. Rules 2-421, -422, -424 Interrogatories to Parties, Discovery of Documents and Property, and Admission of Facts and Genuineness of Documents Interrogatories, Requests for Production of Documents, and Requests for Admission of Fact and Genuineness of Documents may no longer be served at any time, this language having been deleted from section (a) of each respective Rule. Presumably this change was made to account for the discovery deadlines imposed by the Courts themselves. Additionally, Rule 2-424(b) now requires the Response to a Request for Admission to set forth each Request along with the Response to that Request, as is done with Interrogatories. Rule Motion for Summary Judgment The language file at any time has been deleted from section (a), and a committee note added referring to an opinion of the Court of Appeals for an example of a summary judgment granted at trial. These changes suggest that a motion for summary judgment must be filed within the motions deadline, if so set by the court, or may be made at trial, including by oral motion as discussed in the committee note and cited case. 1. New Requirements for Responses and Affidavits More importantly, Rule sets forth new requirements for a Response to a Motion for Summary Judgment and the supporting affidavit, as well as a new procedure in the event of a contradictory affidavit or statements in a Motion for Summary Judgment or Response. Specifically, a Motion for Summary Judgment must be supported by an affidavit if filed before the adverse party s initial pleading or motion is filed or if based upon facts not contained in the record. A Response must be submitted under affidavit if it asserts the existence of a material fact, or controverts facts contained in the record. A Response to a written motion for summary judgment must be in writing and identify each material fact in genuine dispute, and as to each such fact, identify and attach the relevant 6

7 portion of the specific documents (including discovery response, transcript, affidavit) supporting the dispute. 2. Procedure for Striking an Affidavit that Contradicts Prior Sworn Statement New section (e) establishes a process for filing a motion to strike when an affidavit or other statement under oath in a Motion or Response contradicts prior sworn statements of the affiant. Prior sworn statements include prior hearing testimony, answers to interrogatories, and deposition testimony not corrected otherwise. If the court finds that the subsequent statement materially contradicts the prior sworn statement, the later statement shall be struck unless the court determines that the person A) reasonably believed the prior statement to be true based upon facts known at the time the statement was made, and B) the statement in the affidavit is based upon facts that were not known or reasonably could not have been known by the person at the time the first sworn statement was made, or facts not known within the period of time for correcting a deposition if the prior statement was made in a deposition. Rule Pretrial Conference Additional Requirements for Pretrial Statements Changes add new language to subsection (b)(8), and adds new subsections (b)(9) and (b)(10) to require additional information in the Pretrial Statement. The requirements of Rule now conform with Fed. R. Civ. Proc. 26(a)(3). Specifically, subsection (b)(8) requires separate identification of documents and records that may be offered in evidence only if the need arises. New subsection (b)(9) requires a list, with name, address and telephone number, of each non-expert whom the party expects to call as a witness at trial (other than solely for impeachment), and a separate list of those to be called only if the need arises. New subsection (b)(10) requires a list of witnesses whose testimony is expected to be presented by deposition (other than solely for impeachment) and a transcript of the pertinent portions if the testimony was not taken stenographically. Rules and Jury- Review of Evidence- Communications 1. The Jury Must be Provided Notepads if Requested Each Rule adds a new subsection (a) that the court may provide paper notepads for jurors use during trial and deliberations, and must do so at the request of any party. Reasonable accommodations must be made if a juror cannot use a notepad due to a disability. The court shall maintain control over the notes during the trial and promptly destroy them after. Jurors notes may not be reviewed or relied upon for any purpose by anyone other than the juror. Jurors may take their notes into the jury room. 7

8 2. Notifying Parties Before the Court Answers Jury Communications Additionally, if the court receives communication from the jury about the action, it must notify parties as promptly as practicable and before responding to the communication. District Court Civil Procedure Rule Notice of Intention to Defend Adds clarifying language concerning service of the Notice of Intention to Defend and time for filing the Notice. Specifically, section (a) requires a defendant, if represented by an attorney, to serve a copy of the Notice of Intention to Defend on the other party(ies) under Rule An unrepresented defendant is not required to do so. Additionally, a Notice of Intention to Defend is due within 15 days after service, unless the defendant is served outside of the State of Maryland, service is made upon SDAT, the Insurance Commissioner, or other state agency authorized by statute to accept service, or service is on the United States or agency of the United States served under Rule 3-124(m) or (n). In these cases, the Notice is due within 60 days of service. Rule Dismissal or Transfer of Action Adds a new section (d) concerning transfer of a District Court action to Circuit Court when damages exceed $25,000 in a dishonored check case or the case involves an instrument under Md. Code Ann., Coml In such cases, the District Court shall transfer the action to Circuit Court upon defendant s separate written demand within 10 days after the date for filing a Notice of Intention to Defend. Defendant s failure to so request operates as a waiver of the right to transfer the case to Circuit Court. If a timely transfer request is filed, the clerk shall transfer the record to the Circuit Court within 15 days. At any time prior to transmittal, on its own initiative or on motion, the District Court may determine that the demand for transfer was not timely filed or the matter not entitled to transfer. Criminal Causes Rule Pretrial Release 1. Determination of Probable Cause After Arrest Without Warrant Prior section (a) on Interim Bail was deleted, and prior section (b) was relabeled as (a) and revised regarding Arrest Without Warrant. When there is an arrest without a warrant, there must be a determination of probable cause. If probable cause is found, the remaining sections of the Rule shall be implemented, whereas if no probable cause, the defendant shall be released on personal recognizance, with no other conditions of release and the remainder of the Rule is inapplicable. 8

9 2. Defendants Eligible for Release Former section (c), now (b), deletes and adds language so that a defendant is entitled to be released before verdict on personal recognizance or on bail, in either case with or without conditions imposed, unless the judicial officer determines that no condition of release will reasonably ensure (1) the defendant s appearance and (2) the safety of the alleged victim, another person, and the community. This clarifying language concerning the safety was also added to new section (c), formerly (d), on Defendants Eligible for Release Only by a Judge. 3. Conditions Regarding Bail Relettered subsection (d)(4) specifies that when bail is required, the judicial officer shall state in writing or on the record the amount and terms of the bail, and the relettered subsection (e)(4) specifies in more detail the collateral security requirements for bail. 4. Amendment of Pretrial Release Order Subsection (h) clarifies that a judge may alter conditions of the pretrial release order set by a commissioner or another judge. Rule Reassignment and Removal Now requires, as a condition for removal of a capital case, the State s Attorney to file a notice of intention to seek the death penalty prior to either party filing a suggestion that a fair and impartial trial is not available in the court where the actions is pending. Such a suggestion by either party must be filed under oath. Rule Sentencing Procedure in Non-Capital Cases Adds a new section (l) Recordation of Restitution, specifying the requirements for recording judgments of restitution in the Circuit and District Courts. Rule Sentencing Revisory Power of Court Changes to Rule reorganize and add a new five-year limit to the court s exercise of certain revisory powers. Specifically, sections 4-345(b) and (c), originally 4-345(b), address separately the bases for modifying a sentence in the event of fraud, mistake, or irregularity and correction of an evident mistake in the announcement of a sentence. More importantly, 4-345(e) requires modification of a sentence to occur within five years from the date the sentence was original imposed. Any modification, though, may not increase the sentence. This Rule took effect on all sentences imposed on or after July 1, Rule Enforcement of Money Judgment Adds a new section (b) Judgment of Restitution, clarifying that a judgment of restitution may be enforced in the same manner as a money judgment in a civil action. 9

10 Evidence Rule Competency of Juror as Witness New subsection (b)(3) prohibits the use of a juror s notes, made under Rules 2-521(a) or 4-326(a), discussed above, to impeach a verdict. Settlement of Decedents Estates Rule Definitions Revises the definition of Certified Mail, expanding it from restricted delivery to return receipt requested, and defines Petition as an application to the court for an order, including a motion permitted to be filed under Title 6 of the Rules. Rule Petitions Adds to the Schedule B form new language about payment of claims, as well as new forms and subsections concerning limited orders. Specifically, new section (c), Limited Order to Locate Assets, provides that the court may grant a limited order to search for assets titled in the decedent s sole name upon the filing of a verified petition so requesting. New section (d), Limited Order to Locate Will, indicates that the court may issue a limited order to a financial institution to enter the decedent s safe deposit box, in the presence of an appropriate, authorized deputy, for the sole purpose of locating the decedent s will, and, if located, to deliver the will to the Register. Lastly, the Rule introduces a new Schedule C form, Request for Limited Order, sets out the requirements for a Petition for Limited Order in section (c), and provides form Limited Orders in sections (c) and (d). Rule Proceedings After Publication This Rule regarding Small Estates deletes section (b) regarding the Certificate of Compliance, the form Certificate of Compliance, and section (d) on the Supplemental Certificate of Compliance. Rule Applicability of Title 2 Rules Adds sections (b) and (c) specifying that the Circuit Court rules applying to Summary Judgment (2-501) and Motions to Alter, Amend, or Revise a Final Order (2-534 and 2-535) apply to the Orphans Court. 10

11 Appellate and Other Judicial Review in Circuit Court Rule Appeals Heard De Novo 1. Judgment on De Novo Appeal Entered in District Court Adds a new section (e) requiring the Circuit Court clerk to notify the District Court when there is a superseding judgment by the Circuit Court in a de novo appeal from District Court. The superseding judgment will be entered on the District Court docket. 2. Confinement of Defendant Upon Withdrawing Certain Criminal Appeals Also adds a new subsection (f)(4) concerning a defendant s confinement upon withdrawal of a District Court appeal to the Circuit Court in a criminal case. If a defendant was released from confinement pending appeal, and withdraws the appeal, the Circuit Court shall issue a warrant to take defendant into custody and bring him or her before a judge or commissioner, or enter an order requiring the defendant s appearance before a judge or commissioner. The warrant or order shall identify the District Court case name and number and indicate that the purpose of appearance is the entry of a commitment that conforms to the District Court judgment. Appellate Review in the Court of Appeals and Court of Special Appeals Rule Expedited Appeal Has been expanded to include reference to Child in Need of Assistance Cases. Guardians and Other Fiduciaries Rule Petition for Appointment of a Guardian of Property Adds language to section (d) providing, in the case of a disabled person who is a beneficiary of the U.S. Department of Veteran s affairs, for substitution of a physician s certificate with a certificate of the U.S. Department of Veteran s affairs stating that the person has been rated as disabled by the Department in accordance with their laws and regulations. Foreclosure of Lien Instruments Rule Procedure Prior to Sale Adds subsection (b)(3) requiring that notice be sent to the county or municipal corporation where the property to be sold is located, not less than 15 days before the sale. Courts, Judges, and Attorneys Rule Confidentiality 11

12 Adds a new section (d) requiring Bar Counsel to disclose to the Court of Appeals and/or Attorney Grievance Commission if an attorney is reprimanded by the Attorney Grievance Commission or if Bar Counsel receives and verifies information that an attorney has been convicted of a serious crime. Rule Petition for Disciplinary or Remedial Action Adds a new subsection (a)(2) allowing Bar Counsel under Rules (b) (conviction of a serious crime) and (b) (discipline or inactive status due to incapacity in another jurisdiction) to file a Petition for Disciplinary or Remedial Action in the Court of Appeals without prior approval of the Attorney Grievance Commission. Alternate Dispute Resolution Rule Qualifications and Selection of Mediators Broadens the scope of the continuing education requirement in subsection (a)(3) from a program meeting the requirements in rule to a program meeting one or more of the same requirements. Adds a new section (c) concerning Business and Technology Case Management Program Cases, and the requirements a mediator must meet to be designated by the court to mediate such cases. Specifically, such a mediator must meet the Rule s general requirements and, within the two-year period preceding application for approval, have completed at least five non-domestic mediations, at least two of which are among Business and Technology type cases, or comediated, on a non-paid basis, an additional two cases from the Business and Technology Case Management Program with an approved mediator. An applicant must also agree to serve as a comediator with at least two mediators each year who seek to meet the above application requirements, and agree to complete any required continuing education training. Rule Procedure for Approval Adds a new section (b) concerning approval to conduct ADR proceedings in the Business and Technology Case Management Program, specifying the application process, the preparation and maintenance of approved lists of qualified mediators, and removal of mediators from the approved list for failure to maintain required qualifications. Rule Mediation Confidentiality Broadens the scope of confidentiality in mediation from a mediator and any person present also to include any person otherwise participating in the mediation. Table 1 New Rules: Rule Number Rule Title 12

13 1-104, formerly Unreported Opinions Modified Administration- Extension of Time to File a Final Report and to Make Distribution Striking of Notice of Appeal by Orphans Court Performance of Marriage Ceremonies by Judges- Applicability of Rules Scheduling Judicial Action Restrictions Definitions General Policy Copies Access to Notice, Administrative, and Business License Records Case Records Required Denial of Inspection In General Required Denial of Inspection Certain Categories of Case Records Required Denial of Inspection Specific Information in Case Records Electronic Records and Retrieval Court Order Denying or Permitting Inspection of Case Record Procedures for Compliance 13

14 Resolution of Disputes by Administrative or Chief Judge Neutral Experts 14

15 Table 2 Amended Rules: Substantive Changes (Note: Some rules listed in Table 5 also appear here) Civil Procedure- Circuit Court (A, Q, T) (R) (I, N, O, Q, R, S, U) (N, O, P, T) (M, O, Q, R, S, W) (P) (I, R, T) (I, R, T) (G, O, R, T) (O, Q, R, U) (A, N, O, Q) (O, Q) (U) (V) Commencement of Action Motions Scope of Discovery Deposition- Right to Take Deposition- Procedure Deposition- Use Interrogatories to Parties Discovery of Documents and Property Admission of Facts and Genuineness of Documents Motion for Summary Judgment Pretrial Conference Jury- Review of Evidence- Communications Discovery in Aid of Enforcement Charging Order Civil Procedure- 15

16 District Court (A, Q, T) (P, W) (P, Q) (P, Q) (U) (V) (P, W) Criminal Causes (Q, R) (O, P, Q, R, S, W, Y) (O, R, T) (S) (O, Q, R) (Q, Y) (O, R, T, W) (Q, W) (O, R) Commencement of Action Trial Date and Time Notice of Intention to Defend Dismissal or Transfer of Action Discovery in Aid of Enforcement Charging Order Small Claim Actions Definitions Pretrial Release Reassignment and Removal Preemptory Challenges Jury- Review of Evidence Communications Sentencing- Procedure in Non- Capital Cases Sentencing Revisory Power of Court Enforcement of Money Judgment Answer to Application or Petition 16

17 Evidence (R, V) (P, Q) Settlement of Decedents Estates (O, R, Q) (O, Q, R, T) (S, T) (O, R, X) (O, P, Q, R) (Q) Appellate and Other Judicial Review in Circuit Court (Q) Appellate Review in the Court of Appeal and Court of Special Appeals 8-114, now (Z) (O) (O, R, T) (O, R) (O) Guardians and Other Fiduciaries Sex Offense Cases; Relevance of Victim s Past Behavior Competency of Juror as Witness Definitions Petitions Proceedings After Publication Election to Take Statutory Share Modified Administration Applicability of Title 2 Rules Appeals Heard De Novo Unreported Opinions Expedited Appeal Record Extract Style and Form of Briefs Computation of Costs 17

18 (Q) Sales of Property (P, Q) Courts, Judges, and Attorneys (O, P, R) (Q) (Q) (P, Q, T) (O, Q) (O, R) (O, T) (O, R) (O, R) (Q, S) Petition for Appointment of a Guardian of Property Procedure Prior to Sale Administrative Responsibility Conference of Circuit Judges Access to Videotape Recordings of Proceedings in the Circuit Court Confidentiality Petition for Disciplinary or Remedial Action Order Imposing Discipline or Inactive Status Disciplinary or Remedial Action Upon Conviction of Crime Reciprocal Discipline or Inactive Status Resignation of Attorney Reinstatement 18

19 Alternative Dispute Resolution (O, Q, R) (O, Q, R, U) (O, U) Qualifications and Selection of Mediators Procedure for Approval Mediation Confidentiality A = 1937 version of Fed. R. Civ. Proc. B = 1948 version of Fed. R. Civ. Proc. C = 1961 version of Fed. R. Civ. Proc. D = 1963 version of Fed. R. Civ. Proc. E = 1966 version of Fed. R. Civ. Proc. F = 1968 version of Fed. R. Civ. Proc. G = 1970 version of Fed. R. Civ. Proc. H = 1971 version of Fed. R. Civ. Proc. I = 1980 version of Fed. R. Civ. Proc. J = 1983 version of Fed. R. Civ. Proc. K= 1987 version of Fed. R. Civ. Proc. L = 1991 version of Fed. R. Civ. Proc. M = 1993 version of Fed. R. Civ. Proc. N = 2000 version of Fed. R. Civ. Proc. O = new language P = corrected/clarified/conforming language/reference Q = new section R = deleted language S = deleted section T= stylistic change U = new committee note V = revised committee note W= new cross reference X= revised cross reference Y = deleted cross reference Z= rule transferred 19

20 Table 3 Amended Rules Forms: Rule/Form Number Civil Procedure- District Court (P) Criminal Causes (O) (T) (O, R) Settlement of Decedents Estates (O, R, Q) (O, P, R) (S, T) (O, P, Q, R) Civil Procedure- Circuit Court Appendix of Forms Form No. 3 (O) Form No. 5 (O, P, R) Form No. 7 (P) Rule/Form Title Peace Orders Declaration of Trust or Real Estate to Secure Performance of a Bail Bond Notice of Hearing Petition for Expungement of Records Petitions Notice of Appointment Proceedings After Publication Modified Administration General Interrogatories Domestic Relations Interrogatories Motor Vehicle Tort Interrogatories 20

21 A = 1937 version of Fed. R. Civ. Proc. B = 1948 version of Fed. R. Civ. Proc. C = 1961 version of Fed. R. Civ. Proc. D = 1963 version of Fed. R. Civ. Proc. E = 1966 version of Fed. R. Civ. Proc. F = 1968 version of Fed. R. Civ. Proc. G = 1970 version of Fed. R. Civ. Proc. H = 1971 version of Fed. R. Civ. Proc. I = 1980 version of Fed. R. Civ. Proc. J = 1983 version of Fed. R. Civ. Proc. K= 1987 version of Fed. R. Civ. Proc. L = 1991 version of Fed. R. Civ. Proc. M = 1993 version of Fed. R. Civ. Proc. N = 2000 version of Fed. R. Civ. Proc. O = new language P = corrected/clarified/conforming language/reference Q = new section R = deleted language S = deleted section T= stylistic change U = new committee note V = revised committee note W= new cross reference X= revised cross reference Y = deleted cross reference Z= rule transferred 21

22 Table 4 Amended Rules: Non-substantive Changes Other than Fed. R. Civ. Proc. References (Note: Some rules listed in Table 5 also appear here) General Provisions (P) Civil Procedure- Circuit Court (V) (E, P, T) (P) (P, W) (I, M, V) (P) (P) (O) (C, P) (P) (R) Civil Procedure- District Court (V) (R) Notice of Orders Process- Persons to be Served Time for Filing Answer Certain Transfers from District Court Transfer of Action General Provisions Governing Discovery Motions Upon Failure to Provide Discovery Scheduling Order Masters Judgments Not Disposing of Entire Action Sale of Property Under Levy Garnishment of Property- Generally Process- Persons to be Served Garnishment of Property- 22

23 Criminal Causes (T, X) (T, Y) (O, P, R) (P) (P) (P) Evidence (P, T) Settlement of Decedents Estates (W) (X) (X) Appellate and Other Judicial Review in Circuit Court (P, W) Generally Initial Appearance of Defendant Bail Bonds Procedure Upon Waiver of Jurisdiction by Juvenile Court Presence of Defendant Depositions Release After Conviction Subsequent Remedial Measures Extension of Time Removal of a Personal Representative Special Administration Return of Record to District Court 23

24 Appellate Review in the Court of Appeals and Court of Special Appeals (X) (Q, T, U) (U, W) Family Law Actions (R) Guardians and Other Fiduciaries (P, T) Property Actions (W) Sales of Property (U) Other Special Proceedings (P) Courts, Judges, and Attorneys (V) (P) (P) Method of Securing Review in Court of Appeals Certification of Questions of Law to the Court of Appeals Contents of Briefs Referral of Matters to Masters Certificates- Requirement and Content Action for Release of Lien Instrument Real Property- Recording Injunctions- General Provisions Proscribed Activities- Gratuities, Etc. Costs Proceedings Before Commission 24

25 Alternative Dispute Resolution (P) (O, R, U) Qualifications and Selection of Persons Other Than Mediators and Neutral Experts (new title) Fee Schedules A = 1937 version of Fed. R. Civ. Proc. B = 1948 version of Fed. R. Civ. Proc. C = 1961 version of Fed. R. Civ. Proc. D = 1963 version of Fed. R. Civ. Proc. E = 1966 version of Fed. R. Civ. Proc. F = 1968 version of Fed. R. Civ. Proc. G = 1970 version of Fed. R. Civ. Proc. H = 1971 version of Fed. R. Civ. Proc. I = 1980 version of Fed. R. Civ. Proc. J = 1983 version of Fed. R. Civ. Proc. K= 1987 version of Fed. R. Civ. Proc. L = 1991 version of Fed. R. Civ. Proc. M = 1993 version of Fed. R. Civ. Proc. N = 2000 version of Fed. R. Civ. Proc. O = new language P = corrected/clarified/conforming language/reference Q = new section R = deleted language S = deleted section T= stylistic change U = new committee note V = revised committee note W= new cross reference X= revised cross reference Y = deleted cross reference Z= rule transferred 25

26 Table 5 Amended Rules: Amending Fed. R. Civ. Proc. References Rule Number General Provisions (D) (H) (H) (A, D) (A) (I) (I) Civil Procedure- Circuit Court (A, Q, T) (I) (M) (I) Rule Title Rules of Construction Definitions Time Motion to Shorten or Extend Time Requirements Form of Court Papers Signing of Pleadings and Other Papers Service of Pleadings Other than Original Pleadings Filing of Pleadings and Other Papers Proceeding Against Surety Commencement of Action Process- Issuance of Summons Process Service In Personam Process- Return Real Party in Interest Required Joinder of Parties 26

27 (A) (B) (D) (A) (D) (A, E) (G) (E, P, T) (E, G) (I, M, V) (I, N, O, Q, R, S, U) (I) (H) (N, O, T) Permissive Joinder of Parties Misjoinder and Nonjoinder of Parties Intervention Interpleader Class Actions Substitution of Parties Form of Action Pleadings Allowed Form of Pleadings Pleading Certain Matters Claims for Relief Time for Filing Answer Preliminary Motions Answer Preservation of Certain Defenses Jury Trial General Provisions Governing Discovery Scope of Discovery Protective Orders Perpetuation of Evidence Deposition- Right to Take 27

28 2-412 (I) (I) (I) (I, R, T) (I, R, T) (G, R, T) (I) (A, N, O, Q) (F) (I, L) (E, L) (F) (A) (A, D) (D) (D, E) (B) (M) Deposition- Notice Deposition- Officer Before Whom Taken Deposition- By Telephone Interrogatories to Parties Discovery of Documents and Property Admission of Facts and Genuineness of Documents Sanctions Pretrial Conference Voluntary Dismissal Subpoenas Trial by Jury Motion for Judgment Instructions to the Jury Court Decision- Jury Verdict Motion for Judgment Nonwithstanding the Verdict Motion for New Trial Motion to Alter of Amend a Judgment- Court Decision Revisory Power Entry of Judgment 28

29 2-602 (C, P) (A) (C) (A) Civil Procedure- District Court (A, Q, T) (I) (M) (I) (A) (D) (A) (J) (F) (I, L) Judgments Not Disposing of Entire Action Default Judgment Stay of Enforcement Enforcement of Judgment Prohibiting or Mandating Action Commencement of Action Process- Issuance of Summons Process- Service- In Personam Process- Return Real Party in Interest Required Joinder of Parties Permissive Joinder of Parties Misjoinder and Nonjoinder of Parties Intervention Substitution of Parties Form of Action Pleadings Allowed Form of Pleadings Claims for Relief Voluntary Dismissal Subpoenas 29

30 3-519 (F) (E, J) (B) (D) (K) (C) (A) Other Special Proceedings (K) (K) Motion for Judgment Motion for New Trial Motion to Alter or Amend a Judgment Revisory Power Entry of Judgment Judgments Not Disposing of Entire Action Stay of Enforcement Enforcement of Judgment Prohibiting or Mandating Action Recording of Proceedings Preliminary Injunction 30

31 A = 1937 version of Fed. R. Civ. Proc. B = 1948 version of Fed. R. Civ. Proc. C = 1961 version of Fed. R. Civ. Proc. D = 1963 version of Fed. R. Civ. Proc. E = 1966 version of Fed. R. Civ. Proc. F = 1968 version of Fed. R. Civ. Proc. G = 1970 version of Fed. R. Civ. Proc. H = 1971 version of Fed. R. Civ. Proc. I = 1980 version of Fed. R. Civ. Proc. J = 1983 version of Fed. R. Civ. Proc. K= 1987 version of Fed. R. Civ. Proc. L = 1991 version of Fed. R. Civ. Proc. M = 1993 version of Fed. R. Civ. Proc. N = 2000 version of Fed. R. Civ. Proc. O = new language P = corrected/clarified/conforming language/reference Q = new section R = deleted language S = deleted section T= stylistic change U = new committee note V = revised committee note W= new cross reference X= revised cross reference Y = deleted cross reference Z= rule transferred 31

32 Table 6 Rules Governing Admission to the Bar of Maryland Rule 6 (O, Q, R, S) Rule 7 (O, R) Rule 9 (O, R) Petition to Take a Scheduled Examination Bar Examination Re-Examination After Failure Codes: A = 1937 version of Fed. R. Civ. Proc. B = 1948 version of Fed. R. Civ. Proc. C = 1961 version of Fed. R. Civ. Proc. D = 1963 version of Fed. R. Civ. Proc. E = 1966 version of Fed. R. Civ. Proc. F = 1968 version of Fed. R. Civ. Proc. G = 1970 version of Fed. R. Civ. Proc. H = 1971 version of Fed. R. Civ. Proc. I = 1980 version of Fed. R. Civ. Proc. J = 1983 version of Fed. R. Civ. Proc. K= 1987 version of Fed. R. Civ. Proc. L = 1991 version of Fed. R. Civ. Proc. M = 1993 version of Fed. R. Civ. Proc. N = 2000 version of Fed. R. Civ. Proc. O = new language P = corrected/clarified/conforming language/reference Q = new section R = deleted language S = deleted section T = stylistic change U = new committee note V = revised committee note W = new cross reference X = revised cross reference Y = deleted cross reference Z = rule transferred 32