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MARYLAND RULES OF PROCEDURE TITLE 6 - SETTLEMENT OF DECEDENTS’ ESTATES CHAPTER 100 - GENERAL PROVISIONS AMEND Rule 6-105 to modify the definition of “certified mail” and to add a definition of “petition,” as follows: Rule 6-105. DEFINITIONS The definitions contained in Code, Estates and Trusts Article, §1-101 apply in this Title. The following definitions also apply: (a) Certified Mail "Certified mail" means mail deposited with the United States Postal Service as restricted delivery mail, with postage prepaid, and return receipt requested, addressed to the addressee at the address last known to the sender, with delivery restricted to the addressee. Cross reference: Code, Estates and Trusts Article, §1-103 (a). (b) Clerk "Clerk" when used in any rule incorporated by reference into this Title means the register of wills. (c) Code "Code" means the Annotated Code of Public General Laws of Maryland as from time to time amended. (d) Person "Person" includes any individual, partnership, joint stock -170-
company, unincorporated association or society, municipal or other corporation, the State, its agencies or political subdivisions, any court, or any other governmental entity. (e) Petition “Petition” means an application to the court for an order and includes a motion permitted to be filed pursuant to Title 6 of these Rules. REPORTER’S NOTE The proposed amendment to Rule 6-105 conforms the definition of “certified mail” in section (a) to the definition of “certified mail” in Rule 1-202, Definitions. The change deletes the requirement that the delivery of certified mail is restricted to delivery to the addressee. This will save probate estates money because the requirement that the mail must be delivered only to the addressee is a more expensive mailing procedure. The consultants to the Probate/Fiduciary Subcommittee have noted that often the U.S. Post Office is not able to effectuate the directed addressee procedure, so the modified procedure may result in more deliveries of the certified mail. The Rules that refer to “certified mail” include Rules 6-105, 6-125, 6-210, 6-302, 6-317, 6-412, 6-432, and 6-452. Additionally, a definition of “petition” is proposed to be added to the Rule. Many papers filed in the orphans’ court are captioned either as a “motion” or as a “petition.” The addition of the definition of the word “petition” makes clear that either caption is acceptable. -171
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STANDING COMMITTEE ON RULES OF PRAC
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July 30, 2003 ONE HUNDRED FIFTY-SEC
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P. 26 (a)(3). New Committee notes p
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In Category Eleven are a proposed a
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For the guidance of the Court and t
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(c) After Dismissal by the District
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MARYLAND RULES OF PROCEDURE TITLE 3
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has jurisdiction for the purposes o
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whether a transfer will result in u
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action was not entitled to be trans
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notice of intention to defend or ot
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individual members of the class tha
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or complication in the presentation
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REPORTER’S NOTE The Rules Committ
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compromise shall be given to stockh
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contended that there is a genuine d
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When a ruling upon on a motion for
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motions. Cross reference: Rule 2-31
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of any insurance agreement under wh
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written report made by the expert c
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Subsection (f)(1) is derived in par
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allowed. The transcript may then be
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transcript was not signed and retur
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was present or represented at the t
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REPORTER’S NOTE The proposed dele
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decisions made at the conference. T
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REPORTER’S NOTE The proposed amen
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MARYLAND RULES OF PROCEDURE APPENDI
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REPORTER'S NOTE The proposed amendm
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may direct that prospective jurors
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one peremptory challenge for each g
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(c) Jury List Before the examinatio
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(g) (h) Designation of List of Qual
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The court shall appoint at least tw
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Proposed amendments to Rules 2-521
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to writing may be taken into the ju
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(c) "Verdict" Defined For purposes
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process is not made and the summons
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and time for trial of the action. W
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sufficient to allow the plaintiff t
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(5) A defendant who is served with
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Page 131 and 132: REPORTER’S NOTE The Pretrial Rele
Page 133 and 134: under subsection (e)(4)(B). A third
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Page 169: imprisonment; and I am not now a de
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Page 195 and 196: following form: [CAPTION] NOTICE OF
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equired for trial or any other proc
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REPORTER’S NOTE The Rules Committ
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the briefs filed. (6) Any motion fo
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pages in length. Within ten days af
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the Court of Appeals shall certify,
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proceedings; or (3) in a criminal c
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appellee's brief together with a st
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included in all copies of the recor
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appellant/cross-appellee shall file
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include the circuit court docket en
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(c) Covers color: A brief shall hav
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espect to the case, including an or
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numbered, indicating the legal prop
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Cross reference: Code, Estates and
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Source: This Rule is derived as fol
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nature, extent, and probable durati
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prior to July 1, 2001, but the fact
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(e) (f) Permitted Disclosure . . .
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(c) Form of Petition The petition s
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of the Court of Appeals also shall
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accordance with Rule 16-752 to hold
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including on a court holiday or aft
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(c) Refusal to Perform Ceremony A j
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(vi) implementation and enforcement
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Rule; (2) within the two-year perio
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follows: MARYLAND RULES OF PROCEDUR
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agreement may include provisions st
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alternative dispute resolution proc
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Administrative Office of the Courts
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REPORTER’S NOTE The Implementatio
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(C) legislation that may affect the
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The Executive Committee shall conve
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exercise, naming the date; and (3)
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MARYLAND RULES OF PROCEDURE RULES G
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REPORTER’S NOTE See the Reporter
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production to the court upon the re
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follows: MARYLAND RULES OF PROCEDUR
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Proof of service and mailing shall
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Proof of service and mailing shall
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9 malicious destruction of property
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peace order” or a “final peace
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circulation in the county in which
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an affidavit (A) that the person ha
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Additionally, the amendments requir
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things, it will prevent the practic
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injuries. Identify all persons with
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