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§ 2-106. Holding of court

West's Annotated Code of MarylandEstates and TrustsEffective: December 14, 2022

West's Annotated Code of Maryland
Estates and Trusts (Refs & Annos)
Title 2. The Court (Refs & Annos)
Subtitle 1. The Probate Court (Refs & Annos)
Effective: December 14, 2022
MD Code, Estates and Trusts, § 2-106
§ 2-106. Holding of court
Currentness
In general
(a)(1) Except as provided in this section and unless a different time is prescribed by local law, the court shall be held in each county at the usual place of holding court in the county, on the second Tuesday of February, April, June, August, October, and December, and more often if need be, according to its own adjournment.
(2) One of the judges of the court, in the absence of the others, shall have power to hold court at a stated time of adjournment only for the purpose of adjourning.
(3) Two judges shall have full power to do an act which the court is or may be authorized by law to perform, and two of them shall have power to hold court on a day not named in an adjournment, on the application of a person having pressing business in the court, if notice be given to any interested person, and the register records that notice has been given.
(4) One of the judges, in the absence of the others on account of prolonged illness, or in case of vacancy, shall have full power to do an act which the court is authorized by law to do, provided there is attached to the proceedings or papers in each case a certificate signed by the register, certifying to the vacancy or prolonged illness of the judge or judges not attending court on that day.
(5) If the court does not meet on a day fixed for its meeting and is not adjourned as provided, the register shall adjourn the court from day to day until a meeting is had according to law.
Baltimore City
(b)(1) The sessions of the Court in Baltimore City shall continue from 10 a.m. to 4 p.m., if necessary for the transaction of the business of the Court.
(2)(i) In Baltimore City, a judge of the Orphans' Court who is also an attorney-at-law has full power to do any act which the Court is or may be authorized by law to perform, including the power to hold court on a day not named in an adjournment.
(ii) On request of any interested party filed within the time determined by the Court, two judges shall be required to act for the Court.
Montgomery County
(c) In Montgomery County, a judge of the Circuit Court for Montgomery County at the time sitting as the Orphans' Court for the County shall have full power to do an act which the Orphans' Court of the County is or shall be authorized to perform, including the power to hold court on a day not named in an adjournment as provided.
Prince George’s County
(d)(1) Each judge of the Court for Prince George's County shall spend at least 3 days each week in the conduct of the business of the Court.
(2)(i) Subject to subparagraph (ii) of this paragraph, in Prince George's County, a judge of the Orphans' Court who is also an attorney-at-law has full power to do any act which the Court is or may be authorized to perform, including the power to hold court on a day not named in an adjournment.
(ii) On request of any interested party, two judges shall be required to act for the Court.
(3) If necessary to transact business before the Court, court may be convened 5 days each week.
Harford County
(e)(1) In Harford County, the provisions of subsection (a) of this section do not apply.
(2) A judge of the Circuit Court for Harford County shall sit as the Orphans' Court for the County at the time or times established by the judges of the County Circuit Court and shall have full power to do any act which the Orphans' Court of the County is or shall be authorized to perform, including the power to hold court on a day not named in an adjournment.
Baltimore County
(f)(1) The sessions of the Court in Baltimore County shall continue from 10 a.m. to 4 p.m., if necessary for the transaction of the business of the Court.
(2) A judge of the Orphans' Court in Baltimore County who is also an attorney-at-law has full power to do any act that the Court is authorized by law to perform, including the power to hold court on a day not named in an adjournment.
Charles and Howard Counties
(g)(1) In Charles County, the sessions of the Court shall be held on at least one day each week, as determined by the Court, for the transaction of business.
(2) In Howard County, the sessions of the Court shall be held as determined by the Court for the transaction of business.
Anne Arundel County
(h) In Anne Arundel County, the sessions of the Court shall be held at least 2 full business days each week, and more often if necessary, for the transaction of business.
Orphans’ court judge unavailable
(i) If an orphans' court judge of a county is unable to serve for any reason, the Chief Judge of the Supreme Court of Maryland may assign, on a temporary basis, an orphans' court judge of another county to sit for the judge who is unable to serve.
Cecil County
(j) In Cecil County, the sessions of the Court shall be held every Tuesday for the transaction of the business of the Court, and more often if need be, according to its own adjournment.

Credits

Added by Acts 1974, c. 11, § 2, eff. July 1, 1974. Amended by Acts 1974, c. 820; Acts 1979, c. 673; Acts 1982, c. 526, § 1; Acts 1986, c. 70; Acts 1986, c. 341; Acts 1991, c. 57; Acts 1992, c. 156; Acts 1994, c. 279, § 1, eff. Oct. 1, 1994; Acts 1994, c. 567, § 1, eff. Oct. 1, 1994; Acts 1999, c. 630, § 1, eff. Oct. 1, 1999; Acts 2005, c. 467, § 1, eff. Oct. 1, 2005; Acts 2011, c. 391, § 1, eff. June 1, 2011; Acts 2015, c. 292, § 1, eff. Oct. 1, 2015; Acts 2019, c. 197, § 1, eff. Oct. 1, 2019; Acts 2023, c. 49, § 6.
Formerly Art. 93, § 2-106.
MD Code, Estates and Trusts, § 2-106, MD EST & TRST § 2-106
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document