O R D E RThis Courts Standing Committee on Rules of Practice andProcedure having submitted its One Hundred Fifty-Eighth Report to-2-in the Maryland Register, Vol.34, Issue 21, pages 1845 - 1908(October 12, 2007); andThis Court having considered at an open meeting, notice ofwhich was posted as prescribed by law, all those proposed rulesth day of December, 2007,ORDERED, by the Court of Appeals of Maryland, that new Title7, Chapter 500 and Rule 6.1 of the Rules Governing Admission toORDERED that amendments to Rules 1-101, 1-312, 1-326, 2-341,2-402, 2-421, 2-422, 2-424, 2-432, 2-433, 2-504, 2-504.1, 2-509,-3-10-213, 10-301, 10-302, 10-304, 13-102, 16-107, 16-307, 16-308,ORDERED that amendments to Rules 4-246, 4-265, and 16-813be, and they are hereby, adopted in the form attached to thisORDERED that consideration of proposed amendments to Rules4-262, 4-263, 4-301, 15-207, 16-701, 16-731, 16-751, and 16-771-4-610 hereby adopted by this Court shall take effect April 1, 2008;ORDERED that new Rule 6.1 and the amendments to Rules 1, 6,9, and 13 of the Rules Governing Admission to the Bar of MarylandORDERED that all other rules changes hereby adopted by thisCourt shall govern the courts of this State and all parties andst dayof January, 2008, and insofar as practicable, to all actions then-5-issue of the Maryland / Irma S./ Glenn T.Harrell, / Lynne A.
/ Clayton Greene, : December 4, 2007/s/ Alexander L. 1 - GENERAL PROVISIONSCHAPTER 100 - APPLICABILITY AND CITATIONAMEND Rule 1-101 to provide that the Rules in Title 4 applyto expungement of certain records of civil offenses orRule 4
Title 4 applies to criminal matters,procedures,the circuit courts, including records of civil offenses orinfractions, except juvenile offenses, under a State or local lawenacted as a substitute for a criminal charge. .
..-7-TITLE 1 - GENERAL PROVISIONSCHAPTER 300 - GENERAL PROVISIONSAMEND Rule 1-312 to correct internal references, as follows:Rule 1-312.
REQUIREMENTS OF SIGNING ATTORNEY
In addition to having been admitted to practice law inthis State, an attorney signing a pleading or paper in compliance-8-legal services or pro bono publico program sponsored or supported 16-811 efoundation, or the Maryland Legal Services Corporation, and the 16-811 e 2. ..
.-9-TITLE 1 - GENERAL PROVISIONSCHAPTER 300 - GENERAL PROVISIONSAMEND Rule 1-326 to add a reference to Title 8 in section(a), as follows:Rule 1-326.
PROCEEDINGS REGARDING VICTIMS AND of Appearance
An attorney may enter an appearance on behalf of a victimor a victim's representative in a proceeding under Title 4, Title8, or Title 11 of these Rules for the purpose of representing therights of the victim or victim's representative.
-10-TITLE 2 - CIVIL PROCEDURE -- CIRCUIT COURTCHAPTER 300 - PLEADINGS AND MOTIONSAMEND Rule 2-341 to add clarifying language to section (e),as follows:Rule 2-341.
AMENDMENT OF of Amendments
Unless the court orders otherwise, a party filing anamended pleading also shall also file at the same time acomparison copy of the amended pleading showing by lining through-11-TITLE 2 - CIVIL PROCEDURE -- CIRCUIT COURTCHAPTER 400 - DISCOVERYAMEND Rule 2-402 to add a reference to electronicallystored information, to delete certain language from subsectionRule 2-402.
SCOPE OF DISCOVERYUnless otherwise limited by order of the court in accordancewith these rules, the scope of discovery is as follows:
A party may obtain discovery regarding any matter, that isnot privileged, including the existence, description, nature,stored information, or other and tangible things and the identityand location of persons having knowledge of any discoverable-12-inadmissible at the trial if the information sought appears Limitations and Modifications; ElectronicallyStored Information Not Reasonably Accessible(1) GenerallyIn a particular case, the court, on motion or on its owninitiative and after consultation with the parties, by order may modify these rules on the length andnumber of depositions, the number of interrogatories, the number (A) the discovery sought isunreasonably cumulative or duplicative or is obtainable from some (B) the party seeking discovery has had ampleopportunity by discovery in the action to obtain the information (C) the burden or expense cost of the proposeddiscovery outweighs its likely benefit, taking into account the-13-resolving the issues.Accessible
A party may decline to provide discovery ofelectronically stored information on the ground that the sourcesare not reasonably accessible because of undue burden or cost.
Aparty who declines to provide discovery on this ground shallidentify the sources alleged to be not reasonably accessible andstate the reasons why production from each identified sourcewould cause undue burden or cost.
The statement of reasons shallprovide enough detail to enable the requesting party to evaluatethe burdens and costs of providing the discovery and thelikelihood of finding responsive information in the identifiedsources.
On a motion to compel discovery, the party from whomdiscovery is sought shall first establish that the information isnot reasonably accessible because of undue burden or cost.
Ifthat showing is made, the party requesting discovery shallestablish that its need for the discovery outweighs the burdenand cost of locating, retrieving, and producing the information.If persuaded that the need for discovery does outweigh the burdenand cost, the court mayincluding an assessment of costs.Committee note:
The term electronically stored information hasthe same broad meaning in this Rule that it has in Rule 2-422,encompassing, without exception, whatever is (b)(2) addresses the difficulties-14-discovery of some electronically stored reasonable costs of retrieving and reviewing electronicallystored information are borne by
INSTRUCTIONS FOR FILING ACIVIL ACTION ONYOUR OWN BEHALFIN THEUNITED STATESDISTRICT COURTFOR THE DISTRICT OF MARYLANDRev.11/2001INSTRUCTIONS FOR FILING A CIVILACTION ON YOUR OWN BEHALFThese instructions are designed to help you understandbasic court procedures in civil actions.
COURTSTAFF CANNOT GIVE YOU LEGAL ADVICE.
These instructions do not cover all circumstances, norall types of cases.
It is your responsibility to complywith the Federal Rules of Civil Procedure, the LocalRules of this court and any statutes and rules which mayapply to your particular case.
If you are filing aprisoner civil rights action under 42 U.S.C.1983, ahabeas corpus petition under 28 U.S.C.2241 or2254, or a motion to vacate or set aside sentenceunder 28 U.S.C.2255, there are special forms andinstructions available from the clerks office.How to file a complaintThe first step in filing a lawsuit is to prepare acomplaint.
The court has forms available for filingcomplaints for employment discrimination andappealing a denial of Social Security benefits, as well asa general complaint form.
You are not required to usethese forms, although you may find it helpful to lookthem over.
If you prepare your own complaint it must be legiblyhandwritten or typed.
All pages should be 8 by11".
The complaint and all other papers filed with theCourt should be two-hole punched at the top.
The firstpage should begin with the case caption.
The captionincludes the name of the court, the names and2addresses of all the parties, and a blank space for thecase number.
The case number will be filled in by courtstaff once a number has been assigned.The body of the complaint is made up of the facts of your claim, the legalbasis, why you believe this court has jurisdiction, andwhat relief you want.
It is not necessary to cite specificcases.
At the end, sign and date the complaint.
Underneath your signature type or print your full name,address, phone number, and fax number (if you haveSAMPLE CAPTION FOR COMPLAINTIN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF MARYLANDMARY SMITH,:100 North Calvert StreetBaltimore, Maryland 21202:Civil Action No.:JOHN DOE,101 West Lombard Street:Baltimore, Maryland 21201Defendant3one).
This information must appear on every pleading,motion, or other paper you file.To file a lawsuit you must file an original and two copiesof your complaint for the court, and one copy of thecomplaint for each defendant you name.
If thedefendant is an agency of the United States, or anofficer or employee of the United States who is beingsued for acts or omissions related to his/heremployment, you must provide five copies of thecomplaint.
You should keep a copy of the complaintfor your own records.
ALL COPIES MUST BEIDENTICAL TO THE ORIGINAL
.Along with your complaint you must submit a summonsfor the defendant and one copy of the summons for thecourt.
If more than one defendant is named AND thetime for each defendant to file an answer is the same,you may submit list the defendants on one summons aslong as you provide a copy for each defendant.
Usethe forms provided by the court.
Fill in the caption,leaving the case number blank.
In the space on thesummons form for the name and address of plaintiffsattorney, fill in your own name and address.
Thenumber of days a defendant will have to answer thecomplaint will vary depending on the type of claim andthe defendant.
It is your responsibility to fill in thecorrect number of days the defendant(s) has for filingan answer.
In most civil actions, if the defendant is notan agency, officer or employee of the United States, heor she will have twenty (20) days in which to answer.If the defendant is an agency of the United States, or an4officer or employee of the United States who is beingsued for acts or omissions related to his/heremployment, he or she will have sixty (60) days inwhich to answer.
An exception is that if the defendantis an agency of the United States AND the complaint isbrought under the Freedom of Information Act, thetime for filing an answer is thirty (30) days.REMEMBER, THE TIME FOR FILING ANANSWER RUNS FROM THE DATE THECOMPLAINT AND SUMMONS ARE SERVED,NOT THE DATE THEY ARE ISSUED.You also must submit a civil cover sheet, along withone copy for each defendant.
This is simply aninformation form which is used by the court whenopening your case.5Filing feesThere is a filing fee of $150.00 for most types of civillawsuits.
The fee must be paid at the time yourcomplaint is filed.
If you are paying by check or moneyorder, it should be made payable to Clerk, UnitedStates District Court.
The court also accepts majorcredit cards.
If you are unable to pay the filing fee youmay file a motion for leave to proceed in formapauperis.
If the court grants this request it means thatyou will not have to pay the filing fee at the time yourcomplaint is filed.
Form motions for leave to proceedin forma pauperis are available from the court.
Whencompleting the forms it is very important that youanswer all questions relating to your income, assets,and liabilities.
If you fail to provide complete andaccurate information your request may be denied oryou may be required to provide additional information.If your request is denied you will be allowed areasonable opportunity to pay the fee.What the court doesIf you submit the appropriate number of copies of thenecessary forms, a case will be opened.
Opening acase involves assigning a case number and a judge,entering basic information on the courts computerizeddocket system, and making up a file folder.
Once acase is opened, it is sent to the assigned judge for his orher review.
The judge will look at any motions filedwith the complaint a
Page 1 Md.Rule 17-101
Michie's Annotated Code of Maryland Maryland Rules Copyright 2010, by Matthew Bender and Company, Inc.a member of the LexisNexis Group.
All rights reserved.*** State Rules current through January 12, 2010 *** *** Federal Rules current through December 7, 2009 *** *** Annotations current through December 9, 2009 *** MARYLAND RULES
TITLE 17.ALTERNATIVE DISPUTE RESOLUTION
CHAPTER 100.PROCEEDINGS IN CIRCUIT COURT
(2010) Rule 17-101.Applicability.
(a) Generally.The rules in this Chapter apply to all civil actions in circuit court except (1) they do not apply to actionsor orders to enforce a contractual agreement to submit a dispute to alternative dispute resolution and (2) other than Rule 17-104, they do not apply to health care malpractice claims.Committee note.-- Alternative dispute resolution proceedings in a health care malpractice claim are governed by Code, Courts Article,
3-2A-06C(b) Rules governing qualifications and selection.The rules governing the qualifications and selection of a person designated to conduct court-ordered alternative dispute resolution proceedings apply only to a person designated by the court in the absence of an agreement by the parties.They do not apply to a master, examiner, or auditor appointed under Rules 2-541, 2-542, or 2-543.HISTORY: (Amended Nov.
8, 2005, effective Jan.1, 2006.) Source.-- This Rule is new.Effects of Amendments.-- The 2005 amendment, effective January 1, 2006, in (a) combined the two sentences into one, added the (1) designation, substituted "apply to all civil actions" for "apply only to civil actions" and "court except (1) they" for the second instance of "The rules in this Chapter", added (2) and the Committee note, and made related changes.Page 2 Md.Rule 17-102
(2010) Rule 17-102.
In this Chapter, the following definitions apply except as expressly otherwise provided or as necessary implication requires: (a) Alternative dispute resolution.
"Alternative dispute resolution" means the process of resolving matters in pend-ing litigation through a settlement conference, neutral case evaluation, neutral fact-finding, arbitration, mediation, other non-judicial dispute resolution process, or combination of those processes.Committee note.
-- Nothing in these Rules is intended to restrict the use of consensus-building to assist in the reso-lution of means a process generally used to prevent or resolve disputes or to facilitate decision making, often within a multi-party dispute, group process, or public policy-making process.In consensus-building processes, one or more neutral facilitators may identify and convene all stakeholders or their representatives and use techniques to open communication, build trust, and enable all parties to develop options and determine mutually acceptable solutions.(b) Arbitration.
"Arbitration" means a process in which (1) the parties appear before one or more impartial arbitra-tors and present evidence and argument supporting their respective positions, and (2) the arbitrators render a decision in the form of an award that is not binding, unless the parties agree otherwise in writing.Under the Federal Arbitration Act, the Maryland Uniform Arbitration Act, at common law, and in common usage outside the context of court-referred cases, arbitration awards are binding unless the parties agree otherwise.
(c) Fee-for-service."Fee-for-service" means that a party will be charged a fee by the person or persons conducting the alternative dispute resolution proceeding.(d) Mediation."Mediation" means a process in which the parties work with one or more impartial mediators who, without providing legal advice, assist the parties in reaching their own voluntary agreement for the resolution of the dispute or issues in the dispute.
A mediator may identify issues and options, assist the parties or their attorneys in ex-ploring the needs underlying their respective positions, and, upon requagreement reached by the parties.While acting as a mediator, the mediator does not engage in arbitration, neutral case evaluation, neutral fact-finding, or other alternative dispute resolution processes and does not recommend the terms of an agreement.(e) Mediation communication.
"Mediation communication" means speech, writing, or conduct made as part of a mediation, including communications made for the purpose of considering, initiating, continuing, or reconvening a me-diation or retaining a mediator.
(f) Neutral case evaluation."Neutral case evaluation" means a process in which (1) the parties, their attorneys, or both appear before an impartial person and present in summary fashion the evidence and arguments supporting their respective positions, and (2) the impartial person renders an evaluation of their positions and an opinion as to the likely outcome of the dispute or issues in the dispute if the action is tried.(g) Neutral fact-finding."Neutral fact-finding" means a process in which (1) the parties, their attorneys, or both ap-pear before an impartial person and present evidence and arguments supporting their respective positions as to particular disputed factual issues, and (2) the impartial person makes findings of fact as to those issues.
Unless the parties other-wise agree in writing, those findings are not binding.
(h) Settlement conference."Settlement conference" means a conference at which the parties, their attorneys, or both appear before an impartial person to discuss the issues and positions of the parties in the action in an attempt to resolve the dispute or issues in the dispute by agreement or by means other than trial.A settlement conference may include neu-tral case evaluation and neutral fact-finding, and the impartial person may recommend the terms of an agreement.HISTORY: (Amended
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