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RULE 2-131. APPEARANCE

West's Annotated Code of MarylandMaryland Rules

West's Annotated Code of Maryland
Maryland Rules
Title 2. Civil Procedure--Circuit Court
Chapter 100. Commencement of Action and Process
MD Rules, Rule 2-131
RULE 2-131. APPEARANCE
(a) By an Attorney or in Proper Person. Except as otherwise provided by rule or statute: (1) an individual may enter an appearance by an attorney or in proper person and (2) a person other than an individual may enter an appearance only by an attorney.
(b) Limited Appearance
(1) Notice of Appearance. An attorney, acting pursuant to an agreement with a client for limited representation that complies with Rule 19-301.2 (c) of the Maryland Attorneys' Rules of Professional Conduct, may enter an appearance limited to participation in a discrete matter or judicial proceeding. The notice of appearance (A) shall be accompanied by an Acknowledgment of Scope of Limited Representation substantially in the form specified in subsection (b)(2) of this Rule and signed by the client, and (B) shall specify the scope of the limited appearance, which (i) shall not exceed the scope set forth in the Acknowledgment but (ii) unless otherwise ordered by the court, shall include the performance of any procedural task required by law to achieve the objective of the appearance.
Committee note: Although the scope of a limited representation is largely a matter of contract between the attorney and the client, if there are procedural requirements necessary to the achievement of the objective agreed upon, a limited appearance, unless otherwise ordered by the court for good cause, must include satisfaction of those requirements, and the Acknowledgment must include that commitment. As examples, (1) if the appearance is limited to filing and pursuing a motion for summary judgment and achievement of that objective requires the filing of affidavits, the attorney is responsible for assuring that the affidavits are prepared, that they are in proper form, and that they are properly filed; (2) if the appearance is limited to obtaining child support for the client, the attorney is responsible for assuring that any financial statements, child support guideline worksheets, and other documents necessary to obtaining the requested order are prepared, are in proper form, and are properly filed.
(2) Acknowledgment of Scope of Limited Representation. The Acknowledgment of Scope of Limited Representation shall be substantially in the following form:
[CAPTION]
ACKNOWLEDGMENT OF SCOPE OF LIMITED REPRESENTATION
Client:
 
Attorney:
 
I have entered into a written agreement with the above-named attorney. I understand that the attorney will represent me for the following limited purposes (check all that apply):
Empty Checkbox​ Arguing the following motion or motions:
 
.
Empty Checkbox​ Attending a pretrial conference.
Empty Checkbox​ Attending a settlement conference.
Empty Checkbox​ Attending the following court-ordered mediation or other court-ordered alternative dispute resolution proceeding for purposes of advising the client during the proceeding:
 
.
Empty Checkbox​ Acting as my attorney for the following hearing, deposition, or trial:
 
.
Empty Checkbox​ With leave of court, acting as my attorney with regard to the following specific issue or a specific portion of a trial or hearing:
 
 
.
I understand that except for the legal services specified above, I am fully responsible for handling my case, including complying with court Rules and deadlines. I understand further that during the course of the limited representation, the court may discontinue sending court notices to me and may send all court notices only to my limited representation attorney. If the court discontinues sending notice to me, I understand that although my limited representation attorney is responsible for forwarding to me court notices pertaining to matters outside the scope of the limited representation, I remain responsible for keeping informed about my case.
 
 
Client
 
 
Signature
 
 
Date
Cross reference: See Maryland Attorneys' Rules of Professional Conduct, Rule 19-301.2, Comment 8. For striking of an attorney's limited appearance, see Rule 2-132 (a).
Committee note: The entry of a limited appearance in accordance with this Rule does not constitute the entry of an appearance for the purpose of bringing, prosecuting, or defending an action and does not require the payment of a fee under Code, Courts Article, § 7-204.
(c) How Entered. Except as otherwise provided in section (b) of this Rule, an appearance may be entered by filing a pleading or motion or by filing a written notice of appearance.
(d) Effect. The entry of an appearance is not a waiver of the right to assert any defense in accordance with these rules. Special appearances are abolished.
Cross reference: Rules 1-311, 1-312, 1-313; Rules 19-214, 19-215, and 19-216 of the Rules Governing Admission to the Bar. See also Rule 1-202 (t) for the definition of “person”.
Source: This Rule is in part derived from former Rule 124 and in part new.

Credits

[Adopted April 6, 1984, eff. July 1, 1984. Amended Nov. 9, 1994, eff. Jan. 1, 1995; Jan. 20, 1999, eff. July 1, 1999; Feb. 10, 2009, eff. May 1, 2009; June 7, 2011, eff. July 1, 2011; March 2, 2015, eff. July 1, 2015; Dec. 7, 2015, eff. Jan. 1, 2016; June 6, 2016, eff. July 1, 2016; Dec. 13, 2016, eff. Apr. 1, 2017; April 9, 2018, eff. July 1, 2018.]

Editors' Notes

HISTORICAL NOTES
2009 Orders
The February 10, 2009, order corrected a cross-reference.
2011 Orders
The June 7, 2011, order amended the cross reference
2015 Orders
The March 2, 2015, order amended this Rule to permit the entry of limited appearance under certain circumstances; added a form of acknowledgement of the scope of limited representation; added cross reference pertaining to limited appearances.
The December 7, 2015, order replaced the word “representation” with the word “appearance” in subsection (b)(1); specified that, except as otherwise ordered by the court, the scope of a limited appearance includes any procedural task required by law to achieve the objective of the appearance; and added a Committee note following subsection (b)(1).
2016 Orders
The June 6, 2016, order revised internal references in the Rule.
The December 13, 2016, order deleted the option of an oral entry of appearance and made a stylistic change.
2018 Orders
The April 9, 2018 order, added a Committee note following section (b).
MD Rules, Rule 2-131, MD R RCP CIR CT Rule 2-131
Current with amendments received through November 15, 2019.
End of Document© 2019 Thomson Reuters. No claim to original U.S. Government Works.