Md. R. Juv. Causes 11-307

As amended through April 5, 2024

Rule 11-307 - NOTICE OF OBJECTION

(a)In General

Any person having the right to participate in a proceeding under this Chapter may file a notice of objection to the petition for guardianship. The notice shall be substantially in compliance with Form 11-307 at the end of this Chapter.

(b)Time for Filing

(1) An objection shall be filed:

(A) if the show cause order was served in Maryland, within 30 days after service;

(B) if the show cause order was served outside Maryland but within the United States, within 60 days after service;

(C) if the show cause order was served outside the United States, within 90 days after service; or

(D) if the show cause order was served by publication pursuant to Code, Family Law Article, § 5-316(f), not less than 30 days after the later of (i) the last date that the notice was published in the newspaper, or (ii) the last day that the notice was posted on the Department of Human Services website.

(2) Subject to subsection (b)(3), if a notice of objection is not filed within the time specified in this section, the party will be deemed to have consented to the guardianship.

Cross reference: See In re Adoption No. T00130003 , 370 Md. 250 (2002) and In re Adoption No. 93321055 , 344 Md. 458 (1997) for the effect of the failure to file a notice of objection within the time specified.

(3) In the event of a late-filed objection, the court may deem the filing timely for good cause shown.

(c)Contents An objection shall be substantially in the form set forth in Form 11-307 and may include a request for an attorney as provided in that form.

(d)Service The clerk shall serve a copy of each notice of objection on all parties in the manner provided by Rule 1-321.

(e)Response Within 10 days after being served with a notice of objection, any party may file a response challenging the standing of the person to file the notice or the timeliness of the filing of the notice.

(f)Hearing If any party files a timely response, the court shall hold a hearing promptly on the issues raised in the response.

(g)Access to Records If the court determines that the person filing the notice of objection has standing to do so and that the notice was timely filed, it shall issue an order permitting the person to inspect the papers filed in the proceeding, subject to reasonable conditions imposed in the order.

Md. R. Juv. Causes 11-307

Source: This Rule is derived from Rule 9-107.

Adopted Nov 9, 2021, eff. 1/1/2022.