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RULE 10-106.1. PRE-HEARING STATEMENT

West's Annotated Code of MarylandMaryland RulesEffective: January 1, 2020

West's Annotated Code of Maryland
Maryland Rules
Title 10. Guardians and Other Fiduciaries
Chapter 100. General Provisions
Effective: January 1, 2020
MD Rules, Rule 10-106.1
RULE 10-106.1. PRE-HEARING STATEMENT
(a) Generally. On its own initiative, the court may issue an Order directing the parties, interested persons who have responded to the petition or show cause order, or the attorneys for such parties or interested persons, to file a brief pre-hearing statement substantially in the form approved by the State Court Administrator on or before a date specified in the Order. The court shall include with the Order a blank pre-hearing statement form.
(b) Contents. The pre-hearing statement form shall be limited to eliciting brief statements addressing the following matters:
(1) whether the minor or alleged disabled person will attend the hearing in person, by remote electronic participation, or not at all, and whether any special accommodations are needed to facilitate participation;
Cross reference: See the Rules in Title 2, Chapter 800, Remote Electronic Participation in Judicial Proceedings.
(2) subject to the attorney-client privilege, if the minor or alleged disabled person will not be attending the hearing, the basis for the nonattendance;
Cross reference: See Code, Courts Article, § 9-108 and Code, Estates and Trusts Article, § 13-705 (e).
(3) whether the alleged disabled person waives the right to a jury trial;
(4) whether there is a stipulation or limitation of any issue;
(5) the position of the party or interested person as to:
(A) the need for guardianship,
(B) less restrictive alternatives to guardianship or limitations on the powers to be granted to the guardian,
(C) designation of the proposed guardian and any issue related to the proposed designation,
(D) the identity of any interested person not previously identified in a pleading or paper filed in the action, the relationship of that person to the minor or alleged disabled person, and any issue relating to the designation of, or service upon, the interested person,
(E) the description, location, and value of any property, including any property not previously identified in a pleading or paper filed in the action, and
(F) expert testimony;
(6) whether there are special scheduling concerns not addressed by Rule 10-201 (f);
(7) whether any power of attorney, advance health care directive, or other similar document exists and, if so, identification of the document;
(8) whether mediation would be helpful, and if so, identification of each issue to be included in the mediation; and
(9) whether an independent investigator should be appointed, and if so, for what purpose.
Committee note: When completing a pre-hearing statement, an attorney for the minor or alleged disabled person should take care not to disclose information that is privileged or adverse to the client's position.
Source: This Rule is new.

Credits

[Adopted Nov. 19, 2019, eff. Jan. 1, 2020.]
MD Rules, Rule 10-106.1, MD R GUARD AND FIDUCIARIES Rule 10-106.1
Current with amendments received through July 15, 2020.
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