Category: Maryland Law

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Maryland Court of Appeals Adopts Emergency Foreclosure Rules

The Daily Record reported that the Maryland Court of Appeals approved the foreclosure rules changes in the 166th Report of the Maryland Standing Committee on Rules of Practice and Procedure yesterday, October 19, 2010.  The report can be found on the Rules Committee website.  The rules were proposed at an emergency meeting on Friday October 15, 2010.  The report proposed new rule 14-207.1 and amended rules 14-207 and 1-311.

The rules changes are necessary in light of the recently revealed problems with affidavits in foreclosure actions.  New rule 14-207.1 deals with court screening of pleadings and papers filed in an action to foreclose a lien, the reviewing of affidavits and the designation of special masters or examiners to screen pleadings and papers.  Rules 14-207 and 1-311 are amended to reflect language in the new rule.

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lawlibrary Maryland Law

New Maryland Cell Phone Law and More — effective October 1, 2010

Most laws passed during the Maryland legislature’s 2010 session will go into effect on October 1, 2010.   Just a few are highlighted below.

CELL PHONE USE WHILE DRIVING

The law prohibiting hand-held cell phone use while driving except to “initiate or terminate a wireless telephone call or to turn on or turn off the handheld telephone” has been getting a lot of press as the deadline nears.  The new law enacted per CH538/716 can be found at MD. CODE ANN., TRANSP.  § 21-1124.2.

NEW CHILD SUPPORT GUIDELINES

Child Support Guidelines have not had a major revision since being adopted in 1989.   The child support schedule found at MD. CODE ANN., FAM. LAW.  § 12-204 as enacted by CH262/263 now has a higher upper income  limit.  However, not all amounts have adjusted upwards.  Some at the lower income levels have actually decreased.

COUNTY CODES WILL CONTINUE TO BE PRESERVED IN PRINT

Print copies of county codes will no longer have to be distributed to the county’s legislative delegation if an electronic version is available.  However, print copies will still have to be distributed to the Maryland State Archives, the Maryland State Law Library and the State Department of Legislative Services.  This was a great relief to Maryland librarians as the bill, as first introduced, would not have required the distribution of any print copies.  It is hoped that print versions of important sources of primary law not be eliminated unless the online version can be authenticated and provisions are made for permanent public access.  Changes to  Art. 25A,  §7 and  Art. 25B,  §12 were enacted by CH 654.

MARYLAND LEGAL SERVICES CORPORATION FUNDING

CH. 486 made changes to MD. CODE ANN., CTS. & JUD. PROC. §7-202 and §7-301 as well as to MD. COD ANN., HUM. SERV. §11-208 . The law increases the maximum filing fee in civil cases used to fund the Maryland Legal Services Corporation.  As the funding from IOLTA funds has dropped dramatically for the MLSC the demand for MLSC funded services has risen at a great rate as well.  This increase in the filing fee surcharge is intended to address the shortfall.

MORE 2010 SESSION INFORMATION

These laws are obviously just a few of the many laws passed this last session.  The 90 Day Report – A Review of the 2010 Legislative Session prepared by Karl S. Aro, the Executive Director of the Department of Legislative Services, provides a detailed overview of the last session including a discussion of the legislation that passed and the bills that did not.  Additional information can be found at the Maryland General Assembly website: http://mlis.state.md.us/

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Maryland Law

Proposed New Rule to Allow Cell Phones in Maryland Courts

The 165th Report of the Maryland Standing Committee on Rules of Practice and Procedure was submitted to the Court of Appeals on August 24, 2010.  Included in this report is a new proposed rule, 16-110, that would allow cell phones, cameras and other electronic devices to be brought into Maryland circuit and district courts.  However, their use in certain areas of the courthouse may still be controlled.  Adoption of the rule would result in a uniform policy for all of Maryland’s circuit and district courts.  Currently, some counties such as our Anne Arundel  allow cell phones to be brought in to the building but many other courts do not allow it.

The report also included proposed amendments to Rules 1-322,
4-216, 4-242, 5-404, 5-804, 16-109, and 16-901 and Rule 13 of the
Rules Governing Admission to the Bar of Maryland.

Comments on the rules changes should be made by or on October 12, 2010.

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lawlibrary Maryland Law

New Maryland Foreclosure Laws and Rules

HB472/CH. 485, Residential Property Foreclosure Procedures – Foreclosure Mediation, makes changes to MD. CODE ANN., REAL PROP.  7-105.1 (2009). Changes include requirements for notice of intent to foreclose and mediation.  These changes are effective July 1, 2010.

There are new corresponding rules that will go into effect on July 1 as well.  The 164th report of the Court’s Standing Committee on Rules of Practice and Procedure was submitted on May 21, 2010 and the order was filed on June 7, 2010.  The Rules order with amendments to Rules 14-102, 12-202, 14-205, 14-206, 14-207, 14-208, 14-211, 14-212, and 14-214 will take effect on July 1, 2010.   The new rules were published in the June 18, 2010 issue of the Maryland Register (37:13 Md. R. 840-847 (June 18, 2010)).  They can also be found at the Rules Committee website.  They should be available on Lexis by July 1 – but the history should be checked before relying on them.

Other foreclosure laws passed were SB562/CH. 322 (crossfiled with HB633/CH. 323) Real Property – Mortgages and Deeds of Trust – Authority to exercise a Power of Sale, SB654/CH. 587 (crossfiled with HB711/CH. 588) Real Property – Tenants in Foreclosure – Conforming to Federal Law, and SB784/Ch. 611 Maryland Statutory Trust Act.  All of these are effective June 1, 2010.

A notebook containing printouts of these new laws and rules is available in the law library.  Copies will also be on the LAN @ J:\Lawlib\Foreclosure 2010 changes.

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Maryland Law

Keeping current with Maryland Rules of Procedure

Just a reminder that with the issuance of the 161st Report of the Rules Committee in June  that the Michie/Lexis Maryland rules volumes are not current, not even the pocket parts.  The rules on Lexis are no more current than the print but there is a link there to recent Rules Committee Reports.

However, the rules volumes (blue) published by West are current through the 161st report.

I do not know when or if supplements will be sent to reflect the changes resulting from the 162d report effective October 1.
Until then here is the link to the Rules Committee Reports:
http://www.courts.state.md.us/rules/ruleschanges.html#162nd

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Maryland Law

New Rules to go in effect on October 1, 2009

The Rules Order dated 9/10/2009 adopting (and rejecting some) rules submitted to the Court of Appeals in the 162d Report of the Court’s Standing Committee On Rules of Practice and Procedure can be found on the judiciary’s website @ http://www.courts.state.md.us/rules/ruleschanges.html