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Rule 4-251 – Motions in District Court

May 13, 2021 | Criminal Prodcedure, Maryland

(a) Content. A motion filed before trial in District Court shall be in writing unless the court otherwise directs, shall state the grounds upon which it is made, and shall set forth the relief sought. A motion alleging an illegal source of information as the basis for probable cause must be supported by precise and specific factual averments.
(b) When Made; Determination.

(1) A motion asserting a defect in the charging document other than its failure to show jurisdiction in the court or its failure to charge an offense shall be made and determined before the first witness is sworn and before evidence is received on the merits.
(2) A motion filed before trial to suppress evidence or to exclude evidence by reason of any objection or defense shall be determined at trial.
(3) A motion to transfer jurisdiction of an action to the juvenile court shall be determined within 10 days after the hearing on the motion.

Cross reference: See Rule 4-223 for the procedure for detaining a juvenile defendant pending a determination of transfer of the case to the juvenile court.

(4) Other motions may be determined at any appropriate time.
(c) Effect of Determination Before Trial.

(1)Generally. The court may grant the relief it deems appropriate, including the dismissal of the charging document with or without prejudice. The defendant need not be present in court when a dismissal is entered, but if neither the defendant nor the defendant’s attorney is present, the clerk shall send notice to the defendant, if the defendant’s whereabouts are known, and to the defendant’s attorney of record. Notice shall not be sent if either the defendant or the defendant’s attorney was present when the charging document was dismissed. If notice is required, the clerk may send one notice that lists all of the charges that were dismissed.
(2)Transfer of Jurisdiction to Juvenile Court. If the court grants a motion to transfer jurisdiction of an action to the juvenile court, the court shall enter a written order waiving its jurisdiction and ordering that the defendant be subject to the jurisdiction and procedures of the juvenile court. In its order the court shall (A) release or continue the pretrial release of the defendant, subject to appropriate conditions reasonably necessary to ensure the appearance of the defendant in the juvenile court or (B) place the defendant in detention or shelter care pursuant to Code, Courts Article, § 3-8A-15. Until a juvenile petition is filed, the charging document shall be considered a juvenile petition for the purpose of imposition and enforcement of conditions of release or placement of the defendant in detention or shelter care.

Md. Crim. Causes. 4-251

This Rule is derived from former M.D.R. 736.

Adopted April 6, 1984, eff. July 1, 1984. Amended Sept. 11, 1995, eff. Jan. 1, 1996; Jan. 8, 2002, eff. Feb. 1, 2002; June 16, 2009, eff. June 17, 2009; June 7, 2011, eff. July 1, 2011; Dec. 7, 2015, eff. Jan. 1, 2016.

HISTORICAL NOTES

2002 Orders

The January 8, 2002, order, in the catchline of section (b), inserted “When Made;”; in section (b), inserted designators in the text; in subsec. (b)(1), substituted “and before evidence is received on the merits” for “or evidence is received on the merits, whichever is earlier”; inserted subsecs. (b)(3) and (b)(4); and amended the cross reference following section (c).

2009 Orders

The June 16, 2009, corrected a statutory reference in section (c)(2).

2011 Orders

The June 7, 2011, order rewrote section (c)(1), which read:

“(1) Generally. The court may grant the relief it deems appropriate including the dismissal of the charging document with or without prejudice.”

2015 Orders

The December 7, 2015, order, deleted subsection (b)(3), added a cross reference after the current subsection (b)(4), and made stylistic changes.

Code, Criminal Procedure Article, § 4-202.