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Rule 4-271 – Trial Date

May 13, 2021 | Criminal Prodcedure, Maryland

(a) Trial Date in Circuit Court.

(1) The date for trial in the circuit court shall be set within 30 days after the earlier of the appearance of counsel or the first appearance of the defendant before the circuit court pursuant to Rule 4-213, and shall be not later than 180 days after the earlier of those events. When a case has been transferred from the District Court because of a demand for jury trial, and an appearance of counsel entered in the District Court was automatically entered in the circuit court pursuant to Rule 4-214(a), the date of the appearance of counsel for purposes of this Rule is the date the case was docketed in the circuit court. On motion of a party, or on the court’s initiative, and for good cause shown, the county administrative judge or that judge’s designee may grant a change of a circuit court trial date. If a circuit court trial date is changed, any subsequent changes of the trial date may be made only by the county administrative judge or that judge’s designee for good cause shown.
(2) Upon a finding by the Chief Judge of the Court of Appeals that the number of demands for jury trial filed in the District Court for a county is having a critical impact on the efficient operation of the circuit court for that county, the Chief Judge, by Administrative Order, may exempt from this section cases transferred to that circuit court from the District Court because of a demand for jury trial.
(b) Change of Trial Date in District Court. The date for trial in the District Court may be changed on motion of a party, or on the court’s initiative, and for good cause shown.

Md. Crim. Causes. 4-271

This Rule is derived as follows:

Section (a) is in part derived from former Rule 746 a and b, and is in part new.

Section (b) is derived from former M.D.R. 746.

Adopted April 6, 1984, eff. July 1, 1984. Amended April 7, 1986, eff. July 1, 1986; June 3, 1988, eff. July 1, 1988; March 23, 1989; Jan. 8, 2002, eff. Feb. 1, 2002.

HISTORICAL NOTES

2002 Orders

The January 8, 2002, order, in subsec. (a)(1), added the fourth sentence, relating to good cause for subsequent change of trial date; and amended the committee note following section (b).

Committee note: Subsection (a)(1) of this Rule is intended to incorporate and continue the provisions of Rule 746 from which it is derived. Stylistic changes have been made.