RULE 16-808. APPOINTMENT, COMPENSATION, DUTIES OF EXAMINERS
West's Annotated Code of MarylandMaryland Rules
MD Rules, Rule 16-808
RULE 16-808. APPOINTMENT, COMPENSATION, DUTIES OF EXAMINERS
(1) Appointment; Compensation. A majority of the judges of the circuit court of a county may appoint full-time and part-time standing examiners. The compensation of an examiner who is an employee of the court shall be as determined in the appropriate budget and may not be assessed as costs against a party to an action. Otherwise, the court shall prescribe the compensation, fees, and costs of the examiner and may assess them among the parties.
Cross reference: See Code, Courts Article, § 2-501 (b)(1) requiring that each employee of a circuit court, including examiners, is entitled to compensation “as provided in the appropriate budget.”
Cross reference: See Rule 2-542.
Committee note: Examiners have authority only over matters properly referred to them by the court. Their function is solely to take testimony and report that testimony to the court. Unlike magistrates, they do not make proposed findings of fact or conclusions of law and do not recommend a disposition of the matter referred. See Nnoli v. Nnoli, 101 Md. App. 243, 261, n.5 (1994)
(1) Appointment; Compensation. The circuit court of a county may appoint a special examiner to take testimony in a particular action. Unless the compensation of a special examiner is paid with public funds, the court (A) shall prescribe the compensation of the special examiner, (B) may tax the compensation as costs, and (C) may assess the costs among the parties.
Cross reference: See the Committee note to subsection (a)(2) of this Rule.
Source: This Rule is derived in part from the 2018 version of Rule 2-542 (a) and (i) and is in part new.
Credits
[Adopted Oct. 10, 2018, eff. Jan. 1, 2019.]
MD Rules, Rule 16-808, MD R CTS J AND ATTYS Rule 16-808
Current with amendments received through February 1, 2024. Some sections may be more current, see credits for details.
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