Rule 1-326 - Proceedings Regarding Victims and Victims Representatives(a) Entry of Appearance. An attorney may enter an appearance on behalf of a victim or a victim's representative in a proceeding under Title 4, Title 8, or Title 11 of these Rules for the purpose of representing the rights of the victim or victim's representative.(b) Service of Pleadings and Papers. A party shall serve, pursuant to Rule 1-321 on the attorney for a victim or a victim's representative, copies of all pleadings or papers that relate to: (1) the right of the victim or victim's representative to be informed regarding the criminal or juvenile delinquency case,(2) the right of the victim or victim's representative to be present and heard at any hearing, or(3) restitution. Any additional pleadings and papers shall be served only if the court directs.(c) Duties of Clerk. The clerk shall (1) send to the attorney for a victim or victim's representative a copy of any court order relating to the rights of the victim referred to in section (b) of this Rule and (2) notify the attorney for a victim or a victim's representative of any hearing that may affect the rights of the victim or victim's representative.(d)Access to Case RecordsAn attorney who has entered an appearance in an action for a victim or victim's representative shall have access to all case records in the action that are not sealed, shielded under the Rules in Title 16, Chapter 900 of these Rules, or subject to a protective order.
Adopted Nov. 8, 2005, eff. 1/1/2006. Amended Dec. 4, 2007, eff. 1/1/2008; 6/7/2011, eff. 7/1/2011; 6/6/2016, eff. 7/1/2016; amended July 8, 2021, eff. 10/1/2021.HISTORICAL NOTES
2007 Orders
The December 4, 2007, order, in section (a), added a reference to Title 8.
2011 Orders
The June 7, 2011, order amended the cross reference following section (c).
2016 Orders
The June 6, 2016, order revised internal references in the Rule.
Committee note: This Rule does not abrogate any obligation to provide certain notices to victims and victims' representatives required by statute or by other Rule.
See Maryland Declaration of Rights, Article 47; Rule 18-102.6(a); and Rule 18-202.6(a). For definitions of "victim and "victim's representative, see Code, Courts Article, § 3-8A-01 and Code, Criminal Procedure Article, Title 11.