Rule 7-204 - Response to Petition(a) Who May File; Contents. Any person, including the agency, who is entitled by law to be a party and who wishes to participate as a party shall file a response to the petition. The response shall state the intent to participate in the action for judicial review. No other allegations are necessary.(b) Preliminary Motion. A person may file with the response a preliminary motion addressed to standing, venue, timeliness of filing, or any other matter that would defeat a petitioner's right to judicial review. Except for venue, failure to file a preliminary motion does not constitute waiver of an issue. A preliminary motion shall be served upon the petitioner and the agency. Committee note: The filing of a preliminary motion does not result in an automatic extension of the time to transmit the record. The agency or party seeking the extension must file a motion under Rule 7-206(e).
(c) Time for Filing Response; Service. A response shall be filed within 30 days after the date the agency mails notice of the filing of the petition unless the court shortens or extends the time. The response need be served only on the petitioner, and shall be served in the manner prescribed by Rule 1-321.Md. R. Jud. Rev. Cir. Ct. 7-204
This Rule is derived from former Rule B9.
Adopted March 30, 1993, eff. 7/1/1993. Amended March 2, 2015, eff. 7/1/2015.HISTORICAL NOTES
Derivation:
Maryland Rule of Procedure B9, adopted Sept. 15, 1961, eff. Jan. 1, 1962, amended April 6, 1984, eff. July 1, 1984, related to answers, rescinded March 30, 1993, eff. July 1, 1993.
2015 Orders
The March 2, 2015 order amended this Rule to conform a reference in a Committee note to amendments to Rule 7-206.