Home Table of Contents

RULE 17-402. ASSIGNMENT OF CASE TO ADR

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 17-402
RULE 17-402. ASSIGNMENT OF CASE TO ADR
(a) Screening of Information Reports. The ADR Division shall screen all civil information reports filed pursuant to Rule 8-205 and promptly make a recommendation to the Chief Judge as to whether the parties and their attorneys should be ordered to participate in a prehearing conference or a mediation pursuant to the Rules in this Chapter.
(b) Communication With Parties. Personnel in the ADR Division may communicate orally and in writing with any party's attorney and any self-represented party regarding whether a prehearing conference or mediation should be recommended to the Chief Judge. Such communications do not constitute prohibited ex parte communications.
(c) Determination by Chief Judge.
(1) On Recommendation of ADR Division. The Chief Judge is not bound by a recommendation of the ADR Division. Promptly upon receipt of such a recommendation, the Chief Judge shall enter an order:
(A) that the appeal proceed in accordance with the Rules in Title 8 without referral to a prehearing conference or mediation;
(B) that a prehearing conference be conducted in accordance with Rule 17-403; or
(C) that a mediation be conducted in accordance with Rule 17-404.
(2) Authority of Chief Judge. At any time during the appellate process before oral argument, the Chief Judge may enter an order directing a prehearing conference or mediation, even if the Chief Judge initially had determined that the appeal should proceed without such a conference or mediation. If the parties concur, the Chief Judge may order a prehearing conference or mediation after oral argument but before a dispositive opinion or order in the appeal is issued.
Source: This Rule is derived in part from former Rules 8-206(a) and 17-401(b)(4) and (5) (2015) and is in part new.

Credits

[Adopted Oct. 17, 2013, eff. Jan. 1, 2014. Amended Dec. 7, 2015, eff. Jan. 1, 2016.]
MD Rules, Rule 17-402, MD R ADR Rule 17-402
Current with amendments received through December 1, 2023. Some sections may be more current, see credits for details.
End of Document