RULE 11-108. HEARINGS
West's Annotated Code of MarylandMaryland RulesEffective: July 1, 2023
Effective: July 1, 2023
MD Rules, Rule 11-108
RULE 11-108. HEARINGS
Committee note: The requirement that all juvenile proceedings be recorded verbatim applies regardless of the location of the hearing.
Cross reference: Code, Courts Article, § 3-810 (b) addresses both mandatory and permissive exclusion of the general public from a CINA or voluntary placement hearing. Code, Courts Article, § 3-8A-13 (f) addresses permissive exclusion of the general public from a CINS hearing or certain delinquency or peace order hearings, and requires certain delinquency proceedings to be conducted in open court.
Committee note: Statutes that govern confidential information include Code, Health-General Article, §§ 4-302 and 4-307, and the Health Insurance Portability and Accountability Act of 1996 (HIPAA), 42 U.S.C. § 1320d et seq. See also the Rules in Title 16, Chapter 900 (Access to Judicial Records).
(e) List of Open Hearings. Prior to the convening of court on each day that court is in session, the clerk shall prepare and make available to the public a list of the hearings scheduled for that day that are required by Code, Courts Article, § 3-8A-13 (f) to be conducted in open court. The list shall include the full name of each respondent and the time and location of the hearing.
(1) Generally. Unless the parties are notified in open court and on the record of the date, time, place, and purpose of the next hearing, and except for a hearing on a petition for continued detention or shelter care, the clerk shall issue to each party a notice of the date, time, place, and purpose of each hearing. The notice shall be served in the manner provided by Rule 11-107.
(h) Victims. At an adjudicatory hearing in a delinquency action, the judge, magistrate, or clerk shall (1) inquire whether any victim or victim's representative, as defined in Code, Criminal Procedure Article, § 11-104 (a), or family member of a victim is present, and (2) cause to be inserted in the case file a list of all such individuals as provided by the State's Attorney's Office. Identifying information regarding those individuals shall be shielded pursuant to the Rules in Title 16, Chapter 900 and Code, Criminal Procedure Article, § 11-301.
Committee note: Code, Courts Article, § 3-8A-27.1 (b)(2) requires the court to serve a petition for expungement of a juvenile record on all listed victims and all family members of a listed victim “who are listed in the court file as having attended the adjudication for the case in which the person is seeking expungement.” In order to comply with that requirement, the court file must include a list of those individuals.
(i) Admissions Made in Court. A party entitled to file a response, whether or not a response was filed, may admit in court and on the record any or all of the allegations in the petition or state an intention not to deny one or more of the allegations. The court shall neither encourage nor discourage an admission or denial.
Source: This Rule is derived from former Rule 11-110 (2021), except that section (i) is derived from former Rule 11-107 (2021).
Credits
[Adopted Nov. 9, 2021, eff. Jan. 1, 2022. Amended April 1, 2023, eff. July 1, 2023.]
MD Rules, Rule 11-108, MD R JUV CAUSES Rule 11-108
Current with amendments received through February 1, 2024. Some sections may be more current, see credits for details.
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