Md. R. Att'y 19-725

As amended through October 15, 2024

Rule 19-725 - Pleadings; Amendments; Motions

(a)Pleadings. Except as provided in section (b) of this Rule or otherwise expressly permitted by these Rules or ordered by the Supreme Court, the only pleadings permitted in an action for Disciplinary or Remedial Action are the petition and an answer.

(b)Amendments. Bar Counsel may amend a petition and the attorney may amend an answer in accordance with the applicable provisions of Rule 2-341.

(c)Motions. Motions dealing with discovery, pre-hearing procedural matters, or matters arising at the hearing conducted pursuant to Rule 19-727 are permissible and shall comply with applicable provisions of Rule 2-311. Motions to dismiss the proceeding and motions for summary judgment are not permitted.

Md. R. Att'y 19-725

Sections (a) and (c) of this Rule are new. Section (b) is derived from former Rule 16-755(2016).

Adopted June 6, 2016, eff. 7/1/2016; amended July 8, 2021, eff. 10/1/2021; amended April 21, 2023, eff. 4/1/2023.

Committee note: Proceedings on a Petition for Disciplinary or Remedial Action are conducted pursuant to the original jurisdiction of the Supreme Court to regulate the practice of law and are not the place for collateral actions or such things as counterclaims. Moreover, because the authority of the circuit court judge designated by the Supreme Court pursuant to Rule 19-722 is limited to taking evidence and making findings of fact and proposed conclusions of law, that judge is not empowered to dismiss a petition. Defenses to the petition may be raised in the answer and may be addressed by the designated judge, but only the Supreme Court has authority to dismiss all or part of a petition.