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RULE 1-326. PROCEEDINGS REGARDING VICTIMS AND VICTIMS' REPRESENTATIVES

West's Annotated Code of MarylandMaryland RulesEffective: October 1, 2021

West's Annotated Code of Maryland
Maryland Rules
Title 1. General Provisions
Chapter 300. General Provisions
Effective: October 1, 2021
MD Rules, Rule 1-326
RULE 1-326. PROCEEDINGS REGARDING VICTIMS AND VICTIMS' REPRESENTATIVES
(a) Entry of Appearance. An attorney may enter an appearance on behalf of a victim or a victim's representative in a proceeding under Title 4, Title 8, or Title 11 of these Rules for the purpose of representing the rights of the victim or victim's representative.
(b) Service of Pleadings and Papers. A party shall serve, pursuant to Rule 1-321 on the attorney for a victim or a victim's representative, copies of all pleadings or papers that relate to: (1) the right of the victim or victim's representative to be informed regarding the criminal or juvenile delinquency case, (2) the right of the victim or victim's representative to be present and heard at any hearing, or (3) restitution. Any additional pleadings and papers shall be served only if the court directs.
(c) Duties of Clerk. The clerk shall (1) send to the attorney for a victim or victim's representative a copy of any court order relating to the rights of the victim referred to in section (b) of this Rule and (2) notify the attorney for a victim or a victim's representative of any hearing that may affect the rights of the victim or victim's representative.
(d) Access to Case Records. An attorney who has entered an appearance in an action for a victim or victim's representative shall have access to all case records in the action that are not sealed, shielded under the Rules in Title 16, Chapter 900 of these Rules, or subject to a protective order.
Committee note: This Rule does not abrogate any obligation to provide certain notices to victims and victims' representatives required by statute or by other Rule.
Cross reference: See Maryland Declaration of Rights, Article 47; Rule 18-102.6 (a); and Rule 18-202.6 (a). For definitions of “victim” and “victim's representative,” see Code, Courts Article, § 3-8A-01 and Code, Criminal Procedure Article, Title 11.
Source: This Rule is new.

Credits

[Adopted Nov. 8, 2005, eff. Jan. 1, 2006. Amended Dec. 4, 2007, eff. Jan. 1, 2008; June 7, 2011, eff. July 1, 2011; June 6, 2016, eff. July 1, 2016; July 9, 2021, eff. Oct. 1, 2021.]
MD Rules, Rule 1-326, MD R GEN Rule 1-326
Current with amendments received through February 1, 2024. Some sections may be more current, see credits for details.
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