RULE 4-706. ANSWER; MOTION TO TRANSFER
West's Annotated Code of MarylandMaryland Rules
MD Rules, Rule 4-706
RULE 4-706. ANSWER; MOTION TO TRANSFER
(1) Time for Filing. The answer shall be filed no later than the later of 60 days after the State's Attorney receives notice of the filing or transfer of the petition or 60 days after the court denies a motion to transfer. If an answer is not filed within the time required by this Rule or an extended time allowed by the court, the court shall take such action as it deems appropriate.
Cross reference: For extension of time requirements, see Rule 1-204.
(A) whether the specific scientific identification evidence that the petitioner desires to have tested exists and, if so, the location of the evidence, the name and business address of the custodian of the evidence, whether the evidence is appropriate for DNA testing, and if not, the reasons why it is not appropriate for DNA testing;
(B) if the State asserts that it has been unable to locate the evidence, an affidavit containing a detailed description of all steps it took to locate the evidence, including (i) a description of all law enforcement records, databases, and logs that were searched, (ii) a description and documentation of when and how the searches were conducted, and (iii) the names and business addresses of the persons who conducted them;
(C) if the State asserts that the evidence has been destroyed, an affidavit (i) containing a description and documentation of all relevant protocols and legal requirements pertaining to the destruction of the evidence, and (ii) stating whether the evidence was destroyed in conformance with those protocols and legal requirements and, (a) if so, providing documentation of that fact, and, (b) if not, stating the reasons for non-compliance with the protocols or legal requirements; and
Source: This Rule is new.
Source: This Rule is new.
Credits
[Adopted Sept. 10, 2009, eff. Oct. 1, 2009. Amended June 7, 2011, eff. July 1, 2011.]
MD Rules, Rule 4-706, MD R CR Rule 4-706
Current with amendments received through September 1, 2023. Some sections may be more current, see credits for details.
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