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Rule 9-107 – Objection

May 13, 2021 | Family Law, Maryland

(a)In General. Any person having a right to participate in a proceeding for adoption or guardianship may file a notice of objection to the adoption or guardianship. The notice may include a statement of the reasons for the objection and a request for the appointment of an attorney.

Cross reference: See Rule 9-105 for Form of Notice of Objection.

(b) Time for Filing Objection.

(1)In General. Except as provided by subsections (b)(2) and (b)(3) of this Rule, any notice of objection to an adoption or guardianship shall be filed within 30 days after the show cause order is served.
(2)Service Outside of the State. If the show cause order is served outside the State but within the United States, the time for filing a notice of objection shall be within 60 days after service.
(3)Service Outside of the United States. If the show cause order is served outside the United States, the time for filing a notice of objection shall be within 90 days after service.
(4)Service by Publication in a Newspaper and on Website. If the court orders service by publication, the deadline for filing a notice of objection shall be not less than 30 days from the later of (A) the date that the notice is published in a newspaper of general circulation or (B) the last day that the notice is published on the Maryland Department of Human Services website.
(c)Service. The clerk shall serve a copy of any notice of objection on all parties in the manner provided by Rule 1-321.
(d) Response. Within 10 days after being served with a notice of objection, any party may file a response challenging the standing of the person to file the notice or the timeliness of the filing of notice.
(e)Hearing. If any party files a response, the court shall hold a hearing promptly on the issues raised in the response.
(f)Access to Records. If the court determines that the person filing the notice of objection has standing to do so and that the notice is timely filed, it shall enter an order permitting the person to inspect the papers filed in the proceeding subject to reasonable conditions imposed in the order.

Md. Fam. Law. Actions. 9-107

This Rule is derived in part from former Rule D76 and is in part new.

Adopted June 5, 1996, eff. Jan. 1, 1997. Amended June 4, 2007, eff. July 1, 2007; June 7, 2011, eff. July 1, 2011; June 20, 2017, eff. Aug. 1, 2017.

HISTORICAL NOTES

2007 Orders

The June 4, 2007, order in section (c) substituted “all parties for “the petitioner; in sections (d) and (e) substituted “any party for “the petitioner in sections (d) and (e); made some stylistic changes; and rewrote subsection (b)(4), which previously read:

“(4) Service by Publication or Posting. If the show cause order is served by publication or posting, the time for filing a notice of objection shall be the date stated in the show cause order, which shall be not earlier than 30 days after the posting or first publication of the show cause order.

Derivation:

Maryland Rule of Procedure D76, adopted Sept. 15, 1961, eff. Jan. 1, 1962, amended eff. July 1, 1974; May 31, 1983, eff. July 1, 1983; April 6, 1984, eff. July 1, 1984; May 2, 1986, eff. July 1, 1986, related to objections, rescinded June 5, 1996, eff. Jan. 1, 1997.

2011 Orders

The June 7, 2011, order inserted “of a general circulation following “published in a newspaper in section (b)(4).

2017 Orders

The June 20, 2017 order, amended the Rule to conform to the renaming of the “Department of Health and Mental Hygiene to the “Maryland Department of Health.

The June 20, 2017 order, amended the Rule to conform to the renaming of the “Department of Human Resources to the “Department of Human Services.