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RULE 6-434. TRANSMITTING ISSUES

West's Annotated Code of MarylandMaryland RulesEffective: July 1, 2021

West's Annotated Code of Maryland
Maryland Rules
Title 6. Settlement of Decedents' Estates
Chapter 400. Administration of Estates
Effective: July 1, 2021
MD Rules, Rule 6-434
RULE 6-434. TRANSMITTING ISSUES
(a) Transmitting on Petition. In any proceeding, the orphans' court, upon petition by a person with standing, may transmit contested issues of fact within its jurisdiction for trial to the circuit court of the county in which the orphans' court is located.
(1) Contents. The petition shall set forth separately each issue to be transmitted. Each issue shall present a single, definite, and material question of fact.
(2) Response. A response may include objections to the issues set forth in the petition and offer additional issues.
(b) Transmitting Elective Share Issues. In a proceeding where the surviving spouse has made an election under Code, Estates and Trusts Article, § 3-403, the court, on its own initiative, may transmit issues of fact relating to the value or sources of payment of an elective share for trial to the circuit court of the county in which the election is filed.
Cross reference: Code, Estates and Trusts Article, § 3-413.
(c) Framing of Issues. The orphans' court, by order, shall frame the issues to be transmitted and transmit them to the appropriate circuit court. The order may designate the plaintiff and defendant for purposes of trial in the circuit court.
(d) Amendment, Modification or Supplementation of Issues. Upon petition, the orphans' court may amend, supplement or modify issues previously transmitted to a circuit court. If the change is made within 15 days of a scheduled trial date, leave of the circuit court must be obtained.
Cross reference: Code, Estates and Trusts Article, § 2-105.
Committee note: See Nugent v. Wright, 277 Md. 615 (1976) (issues of law are impermissible). See also Hill v. Lewis, 21 Md. App. 121 (1974). Section (d) changes the rule set forth in Pegg v. Warford, 4 Md. 385 (1853), and recently reaffirmed in Kao v. Hsia, 309 Md. 366 (1987).

Credits

[Adopted June 28, 1990, eff. Jan. 1, 1991. Amended March 30, 2021, eff. July 1, 2021.]
MD Rules, Rule 6-434, MD R DEC EST Rule 6-434
Current with amendments received through May 15, 2022. Some sections may be more current, see credits for details.
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