Category: Maryland Law

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Keeping Current with Maryland Rules of Procedure

The “Maryland Rules”  regulate the practice, procedure, and judicial administration of Maryland courts. These Rules are based on the recommendations of the Standing Committee on Rules of Practice and Procedure Rules and adopted by the Maryland Court of Appeals.

The most recent Rules Order is dated June 6, 2016 and was effective July 1, 2016 and is the implementation of the 178th Report. Among other changes, this rules order involves a major reorganization of the titles in the rules dealing with Court Administration; Judges and Judicial Appointees; and Attorneys. A printout of the 178th Report can be found in the law library shelved with the Maryland Code and Rules.  It consists of 553 pages!  The full text of the new rules can also be found in Maryland Advance Reports, September 2, 2016,  #36.

The Maryland Rules of Procedure are available in a number of formats from different publishers. It is important to note that even though the most recent Rules Order is dated June 6, 2016 not all of these formats reflect those changes. Basically, the online versions and one print version are current:

CURRENT:

  • Lexis rules online (lexis.com and free  reflects the 178th Report Rules Order of 6/6/2016
  • Westlaw rules online (WestlawNext and free reflects the 178th Report Rules Order of 6/16/2016
  • Maryland Advance Reports, September 2, 2016,  #36 contains the text of the rules affected by the June 6, 2016 Rules Order.
  • West Maryland Rules of Court (print) with supplement reflects the 178th Report Rules Order of 6/6/2016

NOT CURRENT:

  • Maryland Rules (print) published by LexisNexis are current only through  4/4/2016
  • Annotated Code of  Maryland Rules (print) are current only through 2/1/2016

To make sure the rules you are using are current, it is a good idea to  check the postings on the webpage of the Standing Committee on Rules of Practice and Procedure Rules at Mdcourts.gov and compare with the “current as of” information in whichever version you are using.

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New Maryland Laws in Effect Today, October 1, 2016

The 2016 supplement to the Maryland Code has arrived in the law library reflecting the more than 300 laws that will go into effect today. “Noah’s Law”  or the Drunk Driving Reduction Act of 2016 is mentioned in most news stories on the new laws. “Noah’s Law”(SB945/CH512) requires “the Motor Vehicle Administration to require a person who is convicted of specified offenses relating to driving under the influence of alcohol to participate in the Ignition Interlock System Program for specified periods of time….” Now the first offense rather than the second will require use of the device.

The Justice Reinvestment Act (SB1005/CH515) creates the Justice Reinvestment Oversight Board and makes changes that relate to sentencing, criminal penalties, and inmate rehabilitation. One of the many changes pertains to expungement. New code section 10-110 of the Criminal Procedure Article will allow for the expungement of certain misdemeanors after 10 years. However, this and most of the provisions will not take effect until next October 1, 2017.

SB771/CH579 puts restrictions on certain consumer debt collection actions including  “that certain actions may not revive or extend a certain statute of limitation and  prohibiting a debt buyer or a certain collector from initiating a certain consumer debt collection action unless the debt buyer or the collector possesses certain documents.”

The provision that there be corroborating witness in a divorce action as states in section 7-101 of the Family Law Article was removed per SB359/CH379 and HB274/CH380.  The disability of a parent in a child custody action was addressed by SB765/CH423. It states that “in any custody or visitation proceeding, the disability of a party is relevant only to the extent that the court finds, based on evidence in the record, that the disability affects the best interest of the child; requiring in a specified custody or visitation proceeding, the party alleging that the disability of the other party affects the best interest of the child to bear a specified burden of proof…”

For a detailed summary of the laws passed by the 2016 session see the 90 Day Report:  A Review of the 2016 Session prepared by the Department of Legislative Services or check out the article in the Baltimore Sun today, “New Maryland laws go into effect today.”

 

 

 

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The Maryland General Assembly is in Session!

The Maryland General Assembly reconvenes today at 12:00 p.m. As Maryland’s legislative body, the General Assembly’s 47 Senators and 141 Delegates represent Maryland’s 47 districts.

Do you know who represents you? If not, check out these resources.

  • Legislator List – This page lists legislators by name and includes links to each legislator’s individual page on the General Assembly’s website. In addition, if you click on the “Who represents me?” link, you can find your elected officials based on your address.
  • You can also view your legislators by district or by county.
  • You can find information about the Senate’s Leadership and Officers as well as the address roster for current Senate members here.
  • Thomas V. Mike Miller, Jr., is the President of the Senate, and Michael E. Busch is the Speaker of the House of Delegates.

Do you want to learn more about the General Assembly and this year’s legislative session? Then check out their website at mgaleg.maryland.gov! Here are some highlights, but check out their website as it has a wealth of information.

There is a lot of information available on the website, which may be difficult for new users to navigate. For assistance, check out these video tutorials to help you navigate the General Assembly’s website, including how to find bill testimony, how to find budget testimony, how to contact committees, and how to view or listen to current proceedings.

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The 2016 Edition of Michie’s Maryland Court Rules is available!

The 2016 Edition of Michie’s Maryland Court Rules is available at the Law Library!  The 2016 edition includes amendments adopted through October 20, 2015 and supersedes and replaces all previous editions and supplements.  The Maryland Rules are the rules of practice and procedure followed by Maryland courts and apply to all Maryland courts, unless noted otherwise.  Michie’s Maryland Rules are annotated, meaning that there are explanatory notes and comments added to the rules by the publisher’s editorial staff. Annotation sources include Maryland case law, the Maryland Law Review, the University of Baltimore Law Review, the University of Baltimore Law Forum and Opinions of the Attorney General.

If you are new to the Maryland Rules, the People’s Law Library has an online video tutorial on reading the Maryland Rules through Westlaw, which is available at http://www.screencast.com/t/My0FU44NZbwL.

Can I access the rules online? Yes, the current Maryland Code and Rules (without annotations) are available online, free of charge, through LexisNexis and Westlaw.  In addition, you can access the Law Library’s online subscriptions to LexisNexis and WestlawNext in-person at the library.

What about the superseded Maryland rules? The Law Library maintains copies of the superseded Maryland Rules from 1980 to the present in its collection. If you need to reference the superseded Maryland Rules, please drop by the Law Library’s service desk, and we can assist you in locating the appropriate resources.

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Marital Settlement Agreement

Thanks to a change in Maryland law that went into effect last month, the Law Library has experienced a notable increase in the number of people requesting assistance with marital settlement agreements. The change in Maryland Law provides for an absolute divorce on the grounds of mutual consent if certain conditions are met. One of these conditions is the submission of a written settlement agreement that resolves all of the issues relating to alimony and the distribution of property.

What is a marital settlement agreement? A marital settlement agreement, also commonly referred to as a separation agreement or a property settlement agreement, is a written document that is a binding contract between a married couple in preparation for divorce, that they enter into voluntarily in order to address the division of their property, alimony and other relevant topics.

For background information, including negotiating and enforcing a marital settlement agreement, check out this article on the People’s Law Library.

Do you need to find a sample agreement? The Law Library can assist with you with locating samples that you can use as a starting point for drafting your marital settlement agreement. Please note, however, that the library cannot advise you as to what you should or should not include in your settlement agreement.

Do you need help with your marital settlement agreement? The Maryland Courts Self-Help Center (Phone: 410-260-1392) and the Family Law Self-Help Center (Phone: 410-280-5374) may be able to help. Please remember that the self-help centers can only provide limited legal assistance, so they may not be able to review your agreement in its entirety.

For more information, please contact the Law Library!

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New Maryland Laws Took Effect on October 1, 2015 – Can’t Find What You’re Looking For?

Untitled drawingNew Maryland laws took effect yesterday, October 1, 2015! We published a series of posts highlighting a few of the newly enacted laws, but this is just a small sampling of the new laws enacted by the 2015 Legislative Session. A full listing of new laws is available here, courtesy of the Department of Legislative Services (DLS) of the General Assembly of Maryland.

Was there a major issue from the 2015 session that was not covered in this series? The 90 Day Report – A Review of the 2015 Session, published by DLS, includes a hyperlinked list of Major Issues from 2015 such as the budget, education, public safety (body-worn cameras), taxes and voting rights. In addition, we previously covered some changes to family law here, which are effective today.

Can’t find what you’re looking for?  DLS publishes a Popular Terms List as a reference for current legislation that is often referred to by the public and media by certain popular terms.  Also, the Department of Legislative Services of the General Assembly of Maryland publishes compilations of executive orders.

Do you prefer paper sources?  The Law Library’s collection includes a copy of the 2015 Maryland Legislative Review Service, published by LexisNexis, which summarizes the 2015 Acts of the Maryland General Assembly Regular Session and organizes the 2015 Acts by topical headings. In addition, the Law Library’s Maryland collection includes print copies of the current Annotated Code of Maryland.

Don’t forget – the Law Library is here if you have questions or would like additional information. Contact us!

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New Maryland Laws Take Effect on October 1, 2015 – Spotlight on Protective Orders

New Maryland laws take effect on October 1, 2015!  We will be publishing a series of posts highlighting a few of the newly enacted laws.  This series is just a small sampling of the new laws enacted by the 2015 Legislative Session.  To read about more laws resulting from the 2015 session, see the 90 Day Report – A Review of the 2015 Session published by the Department of Legislative Services (DLS) of the General Assembly of Maryland. For a full listing of new laws effective October 1, 2015, check out this publication from DLS.

House Bill 263 (Chapter 233) – The circumstances under which a court must issue a permanent final protective order now includes, under certain specified circumstances, the conviction of the individual for conspiracy or solicitation to commit murder. You can learn more about this new law, including its legislative history, here.

House Bill 390 (Chapter 418) – A person is authorized to file a protective order petition if the alleged abuse occurred in Maryland or if the person eligible for relief is a Maryland resident. Authorization to file a peace order petition is provided if the alleged specified act occurred in Maryland or the petitioner is a Maryland resident. You can learn more about this new law, including its legislative history, here.

Note that all quotations, unless noted otherwise, are attributable to the 90 Day Report – A Review of the 2015 Session published by the Department of Legislative Services of the General Assembly of Maryland, which is available online at http://mgaleg.maryland.gov/Pubs/LegisLegal/2015rs-90-day-report.pdf.

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New Maryland Laws Take Effect on October 1, 2015 – Spotlight on the Election Administration

Untitled drawing (1)New Maryland laws take effect on October 1, 2015!  We will be publishing a series of posts highlighting a few of the newly enacted laws.  This series is just a small sampling of the new laws enacted by the 2015 Legislative Session.  To read about more laws resulting from the 2015 session, see the 90 Day Report – A Review of the 2015 Session published by the Department of Legislative Services (DLS) of the General Assembly of Maryland. For a full listing of new laws effective October 1, 2015, check out this publication from DLS.

Senate Bill 204 (Chapter 332)/ House Bill 396  – The date of the presidential primary election is now the fourth Tuesday in April, which would avoid the need to conduct the 2016 early voting on Easter Sunday. In addition, there are changes to various administrative procedures and deadlines as well as the elimination of the requirement for “certain campaign finance entities to file a campaign finance report on the third Tuesday in April in a presidential election year.” You can learn more about this new law, including its legislative history, here.

House Bill 284 (Chapter 82) – An election director of the local board of elections must, within 10 business days, “determine whether a summary of local legislation contained in a petition is legally sufficient” prior to circulating the petition for signatures. The intent is to prevent situations where signatures on a petition must be discarded due to a determination, after the collection of signatures, that the summary of local legislation was not legally sufficient. You can learn more about this new law, including its legislative history, here.

Senate Bill 5 (Chapter 318) – The canvass of votes cast during early voting must be open to public observation, and “a board of canvassers and the staff of a local board may be observed as they complete each part of the canvass by certain authorized observers and any other individuals who wish to be present.” You can learn more about this new law, including its legislative history, here.

Note that all quotations, unless noted otherwise, are attributable to the 90 Day Report – A Review of the 2015 Session published by the Department of Legislative Services of the General Assembly of Maryland, which is available online at http://mgaleg.maryland.gov/Pubs/LegisLegal/2015rs-90-day-report.pdf.

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New Maryland Laws Take Effect on October 1, 2015 – Spotlight on Marijuana and Marijuana Paraphernalia

New Maryland laws take effect on October 1, 2015!  We will be publishing a series of posts highlighting a few of the newly enacted laws.  This series is just a small sampling of the new laws enacted by the 2015 Legislative Session.  To read about more laws resulting from the 2015 session, see the 90 Day Report – A Review of the 2015 Session published by the Department of Legislative Services (DLS) of the General Assembly of Maryland. For a full listing of new laws effective October 1, 2015, check out this publication from DLS.

Senate Bill 456 (Chapter 351) – A court must “dismiss a criminal charge, in a prosecution for possession of marijuana or for possession of paraphernalia related to marijuana, if the court finds that a person used or possessed marijuana or marijuana paraphernalia because of a medical necessity.” You can learn more about this new law, including its legislative history, here.

Don’t forget, bills that are passed by the Maryland General Assembly do not always become Maryland Law. For example, Senate Bill 517, which calls for, among other things, the repeal of “the criminal prohibition on possession of marijuana-related paraphernalia and eliminates any penalty”, was vetoed by the Governor on policy grounds. Since this veto occurred after the Maryland Legislature adjourned, an override vote will not occur until the next legislative session commences. To learn more about the Maryland legislative process, check out this blog post on statutes.

In addition, the 2014 Legislative Session made changes to Maryland laws related to marijuana. Check out our 2014 post to learn more!
Note that all quotations, unless noted otherwise, are attributable to the 90 Day Report – A Review of the 2015 Session published by the Department of Legislative Services of the General Assembly of Maryland, which is available online at http://mgaleg.maryland.gov/Pubs/LegisLegal/2015rs-90-day-report.pdf.

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New Maryland Laws Take Effect on October 1, 2015 – Spotlight on Shielding

New Maryland laws take effect on October 1, 2015!  We will be publishing a series of posts highlighting a few of the newly enacted laws.  This series is just a small sampling of the new laws enacted by the 2015 Legislative Session.  To read about more laws resulting from the 2015 session, see the 90 Day Report – A Review of the 2015 Session published by the Department of Legislative Services (DLS) of the General Assembly of Maryland. For a full listing of new laws effective October 1, 2015, check out this publication from DLS.

Maryland Second Chance Act of 2015 – House Bill 244 (Chapter 0313) – This new law authorizes “a person to petition the court to shield court records and police records relating to shieldable convictions no earlier than 3 years after the person satisfies the sentence or sentences imposed for all convictions for which shielding is requested”, however, “if a person is convicted of a new crime during a specified time period, the original conviction or convictions are not eligible for shielding unless the new conviction becomes eligible for shielding.” You can learn more about this new law, including its legislative history, here.

What is shielding? Shielding means making “a court record and police record relating to a conviction of a crime inaccessible by members of the public. Also, the Maryland Judiciary Case Search may not in any way refer to the existence of specific records shielded in accordance with the bill.”

What’s the difference between shielding and expungement? When a record has been expunged, it has been totally deleted from the court system and other places where the record is held, such as the Police Department, Archives, and State’s Attorney’s office. However, when a record is shielded, it means that the public cannot view the record; however, the record still exists.

To learn more about public access to court records, check out these Maryland Judiciary Publications. Don’t forget, the Law Library is always available to assist your with your legal research, including locating referrals.

Note that all quotations, unless noted otherwise, are attributable to the 90 Day Report – A Review of the 2015 Session published by the Department of Legislative Services of the General Assembly of Maryland, which is available online at http://mgaleg.maryland.gov/Pubs/LegisLegal/2015rs-90-day-report.pdf.