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RULE 17-403. PREHEARING CONFERENCE

West's Annotated Code of MarylandMaryland Rules

West's Annotated Code of Maryland
Maryland Rules
Title 17. Alternative Dispute Resolution
Chapter 400. Proceedings in the Appellate Court
MD Rules, Rule 17-403
RULE 17-403. PREHEARING CONFERENCE
(a) Purpose. The purpose of a prehearing conference is for the parties, their attorneys, or both to meet with an incumbent or senior judge of the Court designated by the Chief Judge to discuss:
(1) settlement of the case, in whole or in part;
(2) methods of implementing any settlement;
(3) clarifying or limiting the issues on appeal; and
(4) if settlement cannot then be agreed upon, whether (A) proceedings should be stayed for a specified period of time to allow further discussions among the parties or attorneys, or (B) it would be useful for the case to be referred to mediation pursuant to Rule 17-404 or for the parties to engage in an ADR process that is not under the auspices of the ADR division.
(b) Order of Chief Judge. An order of the Chief Judge referring the appeal to a prehearing conference shall direct the parties, their attorneys, or both to appear before a designated incumbent or retired judge of the Court at a time and place specified in the order or to be determined by the designated judge.
(c) Scheduling Conference. If the parties are unable to achieve any of the objectives set forth in section (a) of this Rule but agree that a scheduling conference pursuant to Rule 8-206 would be useful, the Chief Judge may authorize the judge who conducted the prehearing conference to conduct a scheduling conference or direct the parties, their attorneys, or both to appear before another judge of the Court designated by the Chief Judge for that purpose.
(d) Order on Completion of Prehearing Conference.
(1) In General. Within 30 days after conclusion of a prehearing conference, the parties or the judge may present to the Chief Judge a proposed order to implement any agreements or determinations made at the conference. The Chief Judge shall review the proposed order and proceed in the manner set forth in Rule 17-404 (f)(2) and (3).
(2) Scheduling Conference. Any order implementing actions to be taken pursuant to a scheduling conference conducted pursuant to Rule 8-206 shall be entered in accordance with the procedures set forth in subsection (b)(3) of that Rule.
(3) Copies. The clerk shall send a copy of an order entered under this section to each party.
(e) Sanctions. Upon the failure of a party or attorney to comply with an order entered under section (b) of this Rule, the Court, after an opportunity for a hearing, may impose any appropriate sanction, including (1) dismissal of the appeal, (2) assessing against the party or attorney the reasonable expenses caused by the failure including reasonable attorney's fees, and (3) assessing against the party or attorney all or part of the appellate costs.
(f) Recusal. A judge who conducts a prehearing conference under this Rule may not sit as a member of a panel, including an in banc panel, assigned to hear the appeal if it proceeds, and shall not participate in any court conference regarding a judicial resolution of the appeal or whether an opinion in the appeal should be designated as reported.
Source: This Rule is new.

Credits

[Adopted Oct. 17, 2013, eff. Jan. 1, 2014. Amended Dec. 7, 2015, eff. Jan. 1, 2016; June 20, 2017, eff. Aug. 1, 2017.]
MD Rules, Rule 17-403, MD R ADR Rule 17-403
Current with amendments received through December 1, 2023. Some sections may be more current, see credits for details.
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