RULE 15-309. HEARING
West's Annotated Code of MarylandMaryland Rules
MD Rules, Rule 15-309
RULE 15-309. HEARING
(a) Generally. Upon the production of the individual confined or restrained, the judge shall conduct a hearing immediately to inquire into the legality and propriety of the individual's confinement or restraint. The individual confined or restrained for whom the writ is issued may offer evidence to prove the lack of legal justification for the confinement or restraint, and evidence may be offered on behalf of the person having custody to refute the claim.
(b) Conduct of Hearing If Isolation or Quarantine. If, pursuant to an isolation or quarantine directive or order issued under any federal, State, or local public health law or public emergency law, one or more of the parties, their counsel, or witnesses are unable to appear personally at the hearing, and the fair and effective adjudication of the proceedings permits, the court may:
(2) if feasible, conduct the proceedings by means of a telephonic conference call, live closed circuit television, live internet or satellite video conference transmission, or other available means of communication that reasonably permits the parties or their authorized representatives to participate in the proceedings; and
Source: This Rule is derived as follows:
Section (a) is derived from former Rules Z46 b and Z48.
Section (b) is derived from Rule 15-1104 (d).
Credits
[Adopted June 5, 1996, eff. Jan. 1, 1997. Amended Sept. 10, 2009, eff. Oct. 1, 2009; June 7, 2011, eff. July 1, 2011.]
MD Rules, Rule 15-309, MD R SPEC P Rule 15-309
Current with amendments received through February 1, 2024. Some sections may be more current, see credits for details.
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