Home Table of Contents

RULE 16-802. PROMULGATION OF RULES

West's Annotated Code of MarylandMaryland RulesEffective: April 1, 2023

West's Annotated Code of Maryland
Maryland Rules
Title 16. Court Administration
Chapter 800. Miscellaneous Court Administration Matters
Effective: April 1, 2023
MD Rules, Rule 16-802
RULE 16-802. PROMULGATION OF RULES
Currentness
(a) Report of Rules Committee. All recommendations by the Standing Committee on Rules of Practice and Procedure for new Rules or changes to existing Rules shall be transmitted to the Supreme Court in a consecutively numbered report or supplement thereto setting forth the changes proposed and the reasons for the proposed changes. A proposed new Rule shall show in plain type the text of the proposed Rule. Proposed amendments to existing Rules shall show in plain type the current Rule with proposed deletions indicated by strikeouts and proposed additions indicated by underlined language.
(b) Posting of Report; Opportunity for Comment. The Reporter to the Committee shall cause all reports and supplements to them that transmit proposed additions or changes to the Maryland Rules, together with the text of the changes proposed, to be posted for comment on the Judiciary website. Unless otherwise directed by the Supreme Court, the comment period ordinarily shall be 30 days.
(c) Written Comments. Unless otherwise directed or approved by the Supreme Court, comments to proposed additions or changes shall (1) be in writing, (2) identify the individual or group making the comment, and (3) be sent to the Reporter to the Committee within the time specified in the notice posted on the Judiciary website. At the conclusion of the comment period, the Reporter shall collect and promptly transmit the comments to the Court. Comments not sent to the Reporter in accordance with this section ordinarily will not be considered by the Court.
(d) Court Proceedings.
(1) Generally.
(A) The Supreme Court shall conduct all proceedings involving the exercise of its authority under Article IV, Section 18 (a) of the Maryland Constitution to adopt or modify Rules of Procedure at a meeting open to the public. The meeting may consist of a public hearing pursuant to subsection (d)(2) of this Rule or be limited to specific presentations invited by the Court and discussion and voting by the Court. The meeting may be in the courtroom, in the Court's conference room, or at any other suitable place designated by the Court. Advance notice of the meeting shall be given in the manner designated by the Court.
(B) The Clerk of the Court shall serve as recording secretary at all public hearings and open meetings. The Clerk shall monitor an audio recording of the proceedings, which the Clerk shall retain as a permanent record and make available upon request. Recording of the proceedings by other persons in attendance is prohibited.
(C) In order to furnish easy access to Rules proceedings, doors to the court or conference room shall remain open at all times during all public hearings and open meetings.
(2) Public Hearing.
(A) Unless, for good cause, the Supreme Court orders otherwise, the Court, upon the expiration of any comment period, shall hold a public hearing on all proposed additions or changes to the Maryland Rules.
(B) Persons desiring to be heard shall notify the Clerk of the Court at least two days before the hearing of their desire to be heard and of the amount of time requested to address the Court. The Court may prescribe a shorter period for oral presentation and may pose questions to the individual addressing the Court.
(3) Extended Coverage.
(A) In this Rule, “extended coverage” has the meaning set forth in Rule 16-601 (a).
(B) Ordinarily, extended coverage will be permitted at a public hearing conducted pursuant to subsection (d)(2) of this Rule, provided that a request for such coverage is made to the Clerk of the Court at least five days before the hearing. For good cause shown, the Court may grant a request that does not comply with the requirements of this subsection.
(C) Absent exceptional circumstances, extended coverage shall not be permitted during open meetings that are not public hearings conducted pursuant to subsection (d)(2) of this Rule. If extended coverage is sought, a written request setting forth the exceptional circumstances warranting extended coverage shall be made to the Clerk at least five days before the meeting coverage. A decision by the Court denying extended coverage is not intended to restrict the right of the media to report the proceedings.
(D) Extended coverage under this Rule is subject to the operational requirements set forth in Rule 16-607.
(e) Rules Order. New Rules and the amendment or rescission of existing Rules adopted by the Supreme Court shall be by a Rules Order of the Court.
(f) Effective Date.
(1) Stated in Rules Order. The Rules Order shall state the effective date of the changes and the extent to which those changes will apply to proceedings pending on that date.
(2) Minimum Delay; Exception. Unless the Supreme Court determines that, due to exigent circumstances, Rules changes should take effect sooner, Rules changes shall become effective no earlier than the later of:
(g) Posting of Rules Order and Rules Changes.
(1) Generally. A copy of every Rules Order shall be posted on the Judiciary website. The Court may direct that other forms of public notice also be given.
(2) Text of Rules Changes. The full text of any new Rules and any amendments to existing Rules, showing deleted language by strikeouts and new language by underlining, shall be posted on the Judiciary website with the Rules Order.
(h) Record of Rules. The Clerk of the Supreme Court shall maintain a separate record designated as the “Maryland Rules of Procedure,” which shall contain all Rules and amendments adopted by the Court.
Source: This Rule is derived from former Rule 16-801 (c) through (j) (2016).

Credits

[Adopted June 6, 2016, eff. July 1, 2016. Amended April 21, 2023, eff. nunc pro tunc April 1, 2023.]
MD Rules, Rule 16-802, MD R CTS J AND ATTYS Rule 16-802
Current with amendments received through February 1, 2024. Some sections may be more current, see credits for details.
End of Document