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RULE 17-504. STAY

West's Annotated Code of MarylandMaryland Rules

West's Annotated Code of Maryland
Maryland Rules
Title 17. Alternative Dispute Resolution
Chapter 500. Collaborative Law Process
MD Rules, Rule 17-504
RULE 17-504. STAY
(a) Motion. The parties to a pending court action may file a joint motion to stay court proceedings during a collaborative law process. The motion shall include a certification that a collaborative law participation agreement that complies with the requirements of Code, Courts Article, § 3-2002 and Rule 17-503 has been signed by all parties and their attorneys.
(b) Order; Extension of Stay. Subject to sections (c) and (d) of this Rule, upon the filing of a joint motion by all parties, the court shall stay court proceedings for a reasonable period of time during the collaborative law process, unless the court finds the existence of extraordinary circumstances requiring denial of the motion. On motion of the parties, for good cause shown, the court may enter an order to extend a stay. An order to stay court proceedings and an order to extend a stay shall specify the date on which the stay terminates, subject to an earlier lifting of the stay in accordance with section (d) of this Rule.
(c) Proceedings During Stay. During a stay, a party and the party's attorney may appear before a court to:
(1) request or defend against a request for an emergency order to protect the health, safety, welfare, or interest of a party or party eligible for relief; or
(2) request approval of a full or partial settlement of a collaborative law matter.
Cross reference: See Code, Courts Article, §§ 3-2004 and 3-2005.
(d) Lift of Stay. A court shall lift a stay:
(1) upon request of any party;
(2) on the date stated in an order for stay or for extension of the stay entered pursuant to section (b) of this Rule;
(3) for lack of prosecution under Rule 2-507 or 3-507; or
(4) as necessary to comply with statutory time requirements for proceedings in an orphans' court or before a register of wills relating to the settlement of decedents' estates under Title 6 of the Maryland Rules.
Committee note: Time elapsed during a stay under this Rule is not included in the computation of time under any applicable case management time standards or guidelines.
Source: This Rule is new.

Credits

[Adopted March 2, 2015, eff. July 1, 2015.]
MD Rules, Rule 17-504, MD R ADR Rule 17-504
Current with amendments received through December 1, 2022. Some sections may be more current, see credits for details.
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