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RULE 11-103. MAGISTRATES

West's Annotated Code of MarylandMaryland RulesEffective: January 1, 2022

West's Annotated Code of Maryland
Maryland Rules
Title 11. Juvenile Causes
Chapter 100. General Provisions
Effective: January 1, 2022
MD Rules, Rule 11-103
RULE 11-103. MAGISTRATES
(a) General Authority; Applicability.
(1) Generally. A magistrate appointed for juvenile causes is authorized to hear any cases and matters under this Title assigned by the court, except a hearing to terminate parental rights under Rule 11-312, a hearing on a waiver petition under Rule 11-410, or a trial under Rule 11-507.
(2) Exception. Other than the procedures set forth in section (b) of this Rule, the procedures in this Rule do not apply to hearings before a magistrate in detention or shelter care proceedings.
Cross reference: See Rule 11-204 for procedures in CINA shelter care proceedings. See Rule 11-406 for procedures in delinquency detention and shelter care proceedings.
(3) Findings, Conclusions, and Recommendations. The findings, conclusions, and recommendations of a magistrate do not constitute orders or final action of the court.
(b) Hearings.
(1) Authority to Conduct and Regulate. A magistrate may conduct hearings and regulate all proceedings relating to a hearing, including:
(A) fixing the time and place of the hearing, including permitting remote participation in the hearing;
(B) directing the issuance of subpoenas to compel the attendance of witnesses and the production of documents or other tangible things;
(C) administering oaths to witnesses;
(D) ruling on the admissibility of evidence;
(E) examining witnesses;
(F) convening, continuing, and adjourning the hearing, as required; and
(G) recommending contempt proceedings or other sanctions to the court.
(2) Recording. All proceedings before a magistrate shall be recorded verbatim.
(c) Report and Recommendations.
(1) Contents of Reports. The magistrate's report shall be a written report that includes proposed findings of fact, conclusions of law, and recommendations, and be accompanied by a proposed order.
(2) When Filed. Within 10 days after completing a disposition hearing or a post-disposition proceeding that requires a court order, the magistrate shall transmit to a judge assigned to the court the entire file in the case, together with the magistrate's report.
(3) Service. A copy of the report and proposed order shall be served on each party as provided by Rule 20-205 in MDEC counties or Rule 1-321 in non-MDEC counties.
Cross reference: See Rule 1-321 addressing the service of pleadings and other papers filed after the original pleading.
(d) Immediate Review.
(1) By Agreement. The parties may agree to waive the right to file exceptions to the magistrate's report and recommendations and to the immediate entry of the order proposed by the magistrate with such amendments or clarifications to which the parties agree.
(2) Emergency Orders. If a magistrate finds that extraordinary circumstances exist and recommends that an order be entered immediately, a judge of the court shall review the file, any exhibits, and the magistrate's findings and recommendations and shall afford the parties an opportunity for oral argument. The court may accept, reject, or modify the magistrate's recommendations and issue an immediate order. An order entered under this subsection remains subject to a later determination by the court on exceptions.
(e) Exceptions.
(1) Filing; Content. Unless waived pursuant to subsection (d)(1) of this Rule, any party may file exceptions to the magistrate's proposed findings, conclusions, or recommended order. The exceptions shall be in writing, filed with the clerk within five days after service of the magistrate's report, and served on each other party. Exceptions shall specify:
(A) whether the excepting party requests that the hearing on exceptions be de novo or on the record made before the magistrate; and
(B) with particularity, those items to which the party excepts and, if the hearing is to be on the record, each asserted error.
(2) Transcript. If the hearing is to be on the record made before the magistrate, the excepting party shall cause to be prepared, transmitted to the court, and served on each other party, a transcript of so much of the proceeding as is necessary for the court to rule on the exceptions, unless (A) a transcript has already been filed, (B) the hearing is to be on an agreed statement of facts, or (C) the hearing is to be on an electronic recording of the proceeding before the magistrate. The transcript shall be filed and served within 20 days after the filing of exceptions unless, upon motion made prior to expiration of the 20-day period, and for good cause, the court extends that time.
(f) Hearing on Exceptions.
(1) Duty to Schedule. Upon the filing of timely exceptions which comply with this Rule, the court shall schedule a prompt hearing, which shall occur within 30 days after the filing of exceptions unless the court, with the agreement of the parties or for good cause, extends the time.
(2) Type and Scope of Hearing.
(A) The hearing shall be limited to those matters to which exceptions have been filed.
(B) An excepting party, other than the State in a delinquency proceeding, may elect a hearing de novo or a hearing on the record made before the magistrate. If the excepting party did not request a de novo hearing when filing the exceptions, the hearing shall be on the record.
(C) If the State is the only excepting party in a proceeding involving juvenile delinquency, the hearing shall be on the record, supplemented by additional evidence as the judge considers relevant and to which the parties raise no objection.
(D) If the hearing is on the record, the court may confine the hearing to the particular allegations of error stated in the exceptions.
Cross reference: See Code, Courts Article, ยง 3-807 (c).
(3) Record.
(A) If the hearing is on the record made before the magistrate, the hearing shall be held either on an agreed statement of facts or on the part of the record that is relevant to the exceptions.
(B) The court, on its own initiative or on motion of a party, may accept an electronic recording of the proceeding in place of a transcript.
(g) Review by Court if No Exceptions Filed. If no exceptions have been filed in compliance with this Rule, the court, within 10 days after the expiration of the time for filing exceptions, shall:
(1) adopt the magistrate's proposed findings of fact, conclusions of law, and recommendations and enter an appropriate order based on them;
(2) remand the case to the magistrate for a further hearing; or
(3) schedule a de novo hearing before the court, unless the parties agree to a hearing on the record.
Source: This Rule is derived in part from former Rules 11-110 and 11-111 (2021). Section (d) is new.

Credits

[Adopted Nov. 9, 2021, eff. Jan. 1, 2021.]
MD Rules, Rule 11-103, MD R JUV CAUSES Rule 11-103
Current with amendments received through December 1, 2023. Some sections may be more current, see credits for details.
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