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lawlibrary Maryland Law

July 2011 Rules Update – Update for Rule 4-281

Maryland Rule 4-281 in the June 2011 Supplement to the Lexis Maryland Rules of Procedure has been updated incorrectly.  The text includes a section (c) that was proposed but not adopted.   Section (c) should be crossed out in the supplement per the Rules Committee.

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Maryland Rules Changes July 2011

The July 1, 2011 issue of the Maryland Register, 38:14  Md. R. 784-786,  contains a notice that proposed amendments to the rules and proposed new rules published in the April 8, 2011, 38:8 Md. R. 475-503, issue of the Maryland Register have been adopted.

The following rules in the 168th Report of the Standing Committee on Rules of Practice and Procedure were effective July 1, 2011:

new Rules 4-281, 4-332, 9-205.2, 12-701, 12-702, 12-703, 12-704 and proposed amendments to Rules 1-202, 1-311, 1-326, 1-351, 2-131, 2-221,
2-311, 2-331, 2-332, 3-131, 3-221, 3-331, 3-332, 4-247, 4-248, 4-251, 4-263, 4-314, 4-327, 4-403, 4-705, 4-706, 5-605, 6-208, 6-411, 6-416, 9-107, 9-202, 10-710, 13-201, 14-210, 15-306, 15-309, 15-901, 15-1103, 16-110, 16-204, 16-401, 16-808, 16-813, 16-815, 17-101, 17-105, and Rules 8.2 and 8.4 of the Maryland Lawyers’ Rules of Professional Conduct.

The amendment to Rule 4-312 JURY SELECTION in the 168th Report “shall take effect and apply to all actions commenced on or after September 1, 2011 and, insofar as practicable, to all actions then pending.”

You can find the Maryland Register in the law library at aisle 3B.

The following is a link to the Maryland Register online. Links to the most recent issue can be found at the bottom of the page.

http://www.dsd.state.md.us/MDRegister/mdregister.aspx

The Standing Committee on Rules of Practice and Procedure posts Proposed Rules Changes and Recent Rules Orders at the following address:

http://www.courts.state.md.us/rules/ruleschanges.html

Please note that the rules online provided by LEXIS do not reflect these rules changes.

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Maryland Law

Notice on Cell Phones and Other Electronic Devices in Maryland Courts

A Notice on Cell Phones and Other Electronic Devices was posted on mdcourts.gov to explain the new rule effective January 1, 2011.  Cell phones and other electronic devices such as cameras are now allowed in Maryland courts with restrictions as of today.

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Maryland Law

Cell Phones Allowed in Maryland Court Facilities Per Rules Adopted October 20, 2010

The rules proposed by the 165th Report of the Standing Committee on Rules of Practice and Procedure were adopted, some with amendments, by the Maryland Court of Appeals today, October 20, 2010.

New Rule 16-110 would allow cell phones and other electronic devices to be brought into Maryland court facilities.  A camera is included in the definition of  an “electronic device.”    Although electronic devices can be brought into a court facility there are still restrictions on their use.  Electronic devices can be used to send and receive phone calls and electronic messages and for any other lawful purpose.  There can be no use of cameras or recording equipment  in a court facility except in accordance with the rules and an electronic device shall not interfere with court proceedings or the work  of court personnel.  Violation of provisions of the rule governing certain uses could result in the confiscation and retention of the electronic device by security personnel.

Rule 16-109 was changed to reflect provisions of new rule 16-110.  Other rules  changed per this rules order were 1-322, 4-216, 2-242, 5-404, 5-804,  16-901, and Rule 13 of the Rules Governing Admission to the Bar of Maryland.  The rules order can be found at the Maryland Standing Committee on Rules of Practice and Procedure website.

A binder containing copies of Rules Orders that are not yet in the West or Lexis rules volumes is kept on the shelf with the rules.

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lawlibrary Maryland Law

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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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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Mandatory CLE for Maryland Attorneys?

Paul Mark Sandler stated in his blog “The Art of Advocacy”  how important he thinks that Maryland should join most other states in requiring mandatory continuing education for  lawyers in his post: Why Maryland Needs Mandatory CLE.  Paul Mark Sandler chaired the MCLE subcommittee of Maryland’s Commission on Professionalism.

The Commission on Professionalism, created by the Court of Appeals as a permanent commission in March 2009, has recommended the adoption of rules requiring mandatory CLE.  The (Proposed) Rules of the Maryland Commission on Mandatory Continuing Legal Education would require 10 hours of mandatory continuing legal education each year.  Frequently Asked Questions Concerning the Commission on Professionalism and its Proposed Rule on Mandatory MCLE can be found on the Maryland Judiciary’s website.

Maryland law libraries should explore the opportunities such a rule would create.  Court libraries could partner with local bar associations to provide legal research programs that could range from the basics of  online legal research to the use and evaluation of Internet resources.

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Maryland Rule 9-206 amended

The Maryland Standing Committee on Rules of Practice and Procedure released a new rules order dated October 5, 2009 stating:

“This Court’s Standing Committee on Rules of Practice and Procedure having submitted to the Court a Letter Report dated September 23, 2009 recommending adoption on an emergency basis of proposed amendments to Rule 9-206”

The rule concerning child support guidelines was amended in order to add provisions concerning “cash medical support” to the worksheets.

The full text of the report can be found at the Rules Committee website.

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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