Tag: MDrules

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New Rules – January 1, 2024

The 219th Report of the Supreme Court Standing Committee on Rules of Practice and Procedure was filed November 28, 2023. The report adopts new rule 9-204.3 and amends rules 1-202, 2-202, 2-433, 2-501, 2-504, 2-507, 2-541, 3-202, 3-731, 4-329, 4-504, 7-112, 9-202, 9-208, 9-211, 10-105, 10-106, 14-503, 16-302, 16-307, 16-914, 18-407, 18-412, 18-421, 18-422, 18-423, 18-424, 18-426, 18-431, 18-433, 18-437, 18-441, 18-442, 19-103, 19-218, 19-301.7, 19-304.2, 19-304.4, 19-305.5, 19-505, 19-605, 19-751, and 19-752. The new rules are in effect January 1, 2024.

Here are some highlights of the Maryland Rule changes:

New rule 9-204.3. PREVENTION OF CHILD ABDUCTION provides for a petition for an abduction prevention order.

Rule 2-433 (b) SANCTIONS – Failure to Preserve Electronically Stored Information – was amended to replace current section (b) with new section (b), by adding a Committee note following section (b), and by making stylistic changes.

Rule 3-202 CAPACITY- was amended to create new subsection (b)(1) with the language of current section (b), with stylistic changes, and by adding new subsection (b)(2) concerning a peace order filed on behalf of a minor.

Rule 9-211. RESTORATION OF FORMER NAME AFTER JUDGMENT OF ABSOLUTE DIVORCE – was amended by deleting and adding language to section (d) establishing that service is not required and by making a
stylistic change to section (e).

Rules included in the 217th Report of the Supreme Court Standing Committee on Rules of Practice and Procedure filed on September 22, 2023 will also go into effect on January 1, 2024. The 217th Report adopts new Rule 16-504.1 and amendments to current Rules 16-502, 16-
503, 16-504, and 16-901. These rules concern the “recording of proceedings.”

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lawlibrary Maryland Law

New Maryland rule addresses standards for pre-trial release (cash bail)

The rules order for the 192nd Report  of the Court’s Standing Committee on Rules of Practice and Procedure dated 2/16/2017 recommended the adoption of proposed new Rule 4-216.1 and amendments to current Rules 4-212, 4-213, 4-213.1, 4- 214, 4-215, 4-216, 4-216.1, 4-216.2, 4-217, 4-349, 5-101, and 15-303 and Form 4-217.2 of the Maryland Rules of Procedure. The new rules and amendments are effective July 1, 2017.

Rule 4-216.1 “is designed to promote the release of defendants on their own recognizance or, when necessary, unsecured bond.”

You can find rules orders here: http://mdcourts.gov/rules/ruleschanges.html

An article published in the Baltimore Sun on 2/7/2016, “Maryland Court of Appeals: Defendants can’t be held in jail because they can’t afford bail,” provides a discussion of the rule and the cash bail system.

 

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lawlibrary Maryland Law

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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lawlibrary Maryland Law

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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lawlibrary Pro Bono Self Represented

Family Law Resources for Self-Represented Litigants at the Law Library


Questions related to family law matters, such as custody, child support, divorce and visitation, are the library’s most frequently asked questions. Here is a quick rundown of available resources and referrals. If you want to learn more or can’t find what you’re looking for, please contact us!

 

Are you looking for background and general information? If so, check out these sites.

In addition, the Library carries the following print materials, which may assist you.

  • Maryland Family Law, 5th \ Fader (KFM 1294.F33 2011)
  • Maryland Divorce and Separation Law, 9th \ Thomas (KFM 1300.M37 2009)
  • Maryland Domestic Relations Forms \ Turnbull (KFM 1294A65 T38)
  • Maryland Law Encyclopedia – Children, Custody and Support, Divorce, Husband and Wife, Parent and Child
  • Maryland Digest – Child Custody, Child Support, Divorce, Husband and Wife, Parent and Child

 

Are you interested in the Maryland Code and Rules of Procedure? For the Maryland Code, the Family Law Article contains much of the law regarding divorce, custody, child support, etc. You can access them in print as well as online in the Law Library. If you want to access these resources from home, check out these links.

 

Do you need to conduct case law research? The Law Library has both online and print sources to assist you. Online sources include LexisNexis and WestlawNext. Don’t know how to use these online databases? We can show you how! (If you don’t know what case law research is, check out this article – http://peoples-law.org/understanding-legal-research) If you want to conduct case law research from home, here are some options.

 

Do you want assistance with your family law matter? These organizations provide limited legal assistance.

FLSHCThe Family Law Self-Help Center is located in the back of the Law Library; provides legal information and forms to assist unrepresented litigants in matters of divorce, custody/visitation, child support and name changes.
WALK-IN HOURS:
Monday, Wednesday and Thursday: 9:00 a.m. – 4:30 p.m.
Tuesday and Friday:  9:00 a.m. – 1:00 p.m.
TELEPHONE HOURS (410-280-5374):
Monday through Friday:  9:00 a.m. – 12:00 a.m.

Women’s Law Center
Family Law Hotline 1-800-845-8550 M- F 9:30 am – 4:30 pm.
Family Law Forms Helpline operates at 1-800-818-9888 Tu, W & F 9:00 am – 12:30 pm, Th 9:00 am – 4:00 pm.
Spanish-1-877-293-2507 (leave message)

 

Are you looking for attorney to represent you in your family law matter? These organizations may be able to assist you.

Legal Aid Bureau
General Civil Legal Services
Income eligibility screening required
Regional Office 410-972-2700
M-F 9:00 AM-5:00 PM.

Maryland Volunteer Lawyers Service
General Legal Services
Income eligibility screening required
410-547-6537 or 800-510-0050
M-TH 9:00AM-1:00PM.

Lawyer Referral Service (Anne Arundel County)
410-280-6961
All civil and criminal cases with no eligibility screening.
Fees set by attorney
M-F 8:45 AM – 2:15 PM

 

Are you looking for domestic violence assistance? These organizations may be able to assist you.

House of Ruth Domestic Violence Legal Clinic
24 Hour Hotline for Domestic Violence Victims
888-880-7884

YWCA of Annapolis and Anne Arundel County
Domestic Violence Assistance.
Legal Services Intake 24 Hour Voicemail
410-222-6800

 

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lawlibrary

Cameras in the Courtroom?

Don’t make the same mistake as this person here. Are cameras allowed in the Circuit Court’s courtrooms? No, unless it falls within an exception. For more information about cameras and other electronic devices, check out the Circuit Court’s website. You will see that the Maryland Rules are referenced on the Circuit Court’s website. You can read the Maryland Rules online here, or come into the Law Library to read print copies.

If you are interested in watching or listening to court proceedings, available options include webcasts and audio recordings. Check them out!

Contact the Law Library regarding information about how to access recordings of your court proceedings.

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Attorney Training lawlibrary

Reading List for Lawyers

IMG_1367The Daily Record published “A lawyer’s reader’s digest”, which presents a list of six titles that are “practice-changing” books that “will inevitably make your job easier and you more efficient.” You can check out the article here.

The recommended books are as follows, and all but the last title is available at the Law Library!

  • The Maryland Rules Commentary
  • The Maryland Rules

  • Maryland Civil Pattern Jury Instructions

  • Pattern Examinations of Witnesses for the Maryland Lawyer

  • Anatomy of a Trial: A Primer for Young Lawyers

  • Bargaining for Advantage: Negotiation Strategies for Reasonable People

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lawlibrary

Check your pocket parts!

photo 1Each month, the AACPLL Blog will publish a post with helpful legal research tips.  If you would like more information about any of the tips referenced in this post or series, please feel free to contact the Law Library!

January is one of the Law Library’s busiest months for updating resources, including updating pocket parts and filing supplemental pages.  As you are conducting your legal research, it is essential that you make sure that your sources, both primary (e.g., code, regulations, case law) and secondary (e.g., treatises, form books) are up-to-date because the “law” is constantly changing.  The onus is on the legal researcher to make sure their information is current.

Here are a few helpful tips for making sure that your resource is up-to-date.

  • Check the cover or title page to determine the publication date of the resource.  The publication date will provide clues as to whether you should check to see if a later edition of the resource has been published.
  • Check the pocket part and take note of the date of the pocket part.  Pocket parts are paper supplements that are generally located inside the back cover of a hardbound volume.  If you are not sure if the pocket part is current, please drop by the service desk.  The Law Library keeps track of its updates, and we can let you know if the pocket part is the most recent supplement available.
  • Check for any standalone supplements to the resource.  When in doubt, ask us at the Law Library’s service desk, and we can confirm whether a volume has a standalone supplement.
  • Online does not necessarily mean current.  Is the information posted on a reputable site? Check for a publication date or “last updated” date.  When in doubt, ask!

Here are some great resources that provide an overview of the basics of legal research.

In addition, the following titles, which focus on providing a comprehensive overview of the legal research process and fundamentals, are available at the Law Library.

Categories
lawlibrary Maryland Law

The 2015 Edition of Michie’s Maryland Court Rules is available!

photo 3The 2015 Edition of Michie’s Maryland Court Rules is available at the Law Library!  The 2015 edition includes amendments adopted through November 7, 2014.  The Maryland Rules are the rules of practice and procedure followed by Maryland courts and apply to all Maryland courts unless noted otherwise.  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.

The current Maryland Code and Rules (without annotations) are available online, free of charge, through Lexis Nexis and Westlaw.  In addition, you can access the annotated Maryland Code and Rules online in the Law Library’s computer room through the Law Library’s subscriptions to Lexis and Westlaw legal databases.  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.

The 2015 edition supersedes and replaces all previous editions and supplements.  Note that the Law Library maintains copies of the superseded Maryland Rules in its collection, so if you ever need to reference the superseded rules, please drop by the Law Library’s service desk, and we can assist you in locating the appropriate rules.

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lawlibrary Legal Technology

New Maryland Rules for Electronic Filing

Issue 02, Spring, 2013 of Moving Justice Forward, the quarterly bulletin that provides information on the implementation of Maryland Electronic Courts (MDEC), reports that the rules order concerning e-filing was posted on May 2, 2013 on the Judiciary website. The 176th Report and Supplement Rules Order, filed May 1, will go into effect July 1, 2013.

The report included changes to existing rules because of e-filing and the new Title 20,  Electronic Filing and Case Management.    The new rule 20-102 states that the new Title 20 will apply only where MDEC has been established and will start with Anne Arundel County.  Issues covered include how attorneys will register, a new definition of what a “day” is, signatures, procedures for self-represented litigants and access to records. The article that begins on page 9 provides a good overview of the new Title 20.

More information can be found on the MDEC webpage and in the previous issue of Moving Justice Forward, Issue 01, Winter 2013