Md. R. Spec. Proc. 15-1104

As amended through November 13, 2024

Rule 15-1104 - Proceedings in the Circuit Court

(a) Appointment of Counsel. If a petition has been filed pursuant to Rule 15-1103 by an individual or group not represented by counsel and the petitioner does not decline court-appointed counsel, the circuit court shall appoint counsel in accordance with Code, Health-General Article, § 18-906(c), or the Supreme Court shall appoint counsel in accordance with Code, Public Safety Article, § 14-3A-05(f)(2). The court making the appointment may order the Secretary to pay reasonable fees and costs of the court-appointed counsel.

(b) Consolidation of Actions, Claims, and Issues. Consolidation of actions, claims, and issues is governed by Rules 2-327 and 2-503 and by Code, Health General Article, § 18-906(b)(7) or Code, Public Safety Article, § 14-3A-05(f)(1).

(c) Time for Hearing. The circuit court shall conduct a hearing within three days after the date that the petition was filed, except that the court may extend the time for the hearing:

(1) upon a request by the Secretary or other designated official in accordance with Code, Health-General Article, § 18-906(b)(4) or Code, Public Safety Article, § 14-3A-05(c)(4);

(2) upon a request by a petitioner for good cause; or

(3) to effectuate the consolidation of proceedings.

(d) Appearance at and Conduct of the Hearing. If one or more of the parties, their counsel, or witnesses are unable to appear personally at the hearing, and the fair and effective adjudication of the proceedings permits, the court may:

(1) accept pleadings and papers, and admit documentary evidence submitted or proffered by courier, facsimile, or electronic mail;

(2) if feasible, conduct the proceedings by means of a telephonic conference call, live closed circuit television, live internet or satellite video conference transmission, or other available means of communication that reasonably permits the parties or their authorized representatives to participate fully in the proceedings; and

(3) decline to require strict application of the rules of evidence other than those relating to the competency of witnesses and lawful privileges.

Md. R. Spec. Proc. 15-1104

This Rule is new.

Adopted April 5, 2005, eff. 7/1/2005; amended Mar. 13, 2020, eff. 3/16/2020; amended April 21, 2023, eff. 4/1/2023.