A judgment granting a divorce, an annulment, or alimony may be entered only upon testimony in person before a magistrate or in open court. In an uncontested case, testimony shall be taken before a magistrate unless the court directs otherwise.
Md. Fam. Law. Actions. 9-209
This Rule is derived from former Rules S73 and S75 a.
HISTORICAL NOTES
2015 Orders
The September 17, 2015, order, changed the term “master to “magistrate.
Derivation:
Rule 9-208, adopted as Maryland Rule of Procedure S74, Sept. 15, 1961, eff. Jan. 1, 1962, amended Sept. 23, 1968, eff. Oct. 1, 1968; Oct. 1, 1980, eff. Jan. 1, 1981; Oct. 6, 1981, eff. Jan. 1, 1982; June 4, 1982, eff. July 1, 1982, renumbered as Maryland Rule of Procedure S75, March 3, 1987, eff. July 1, 1987, transferred to Rule 9-208, June 5, 1996, eff. Jan. 1, 1997, amended June 5, 1996, eff. Jan. 1, 1997, related to testimony, rescinded March 5, 2001, eff. July 1, 2001.
Prior Rules:
Rule 9-209, adopted as Maryland Rule of Procedure S76, Sept. 15, 1961, eff. Jan. 1, 1961, amended July 1, 1974; April 6, 1984, eff. July 1, 1984, transferred to Rule 9-209, June 5, 1996, eff. Jan. 1, 1997, amended June 5, 1996, eff. Jan. 1, 1997, related to annulment as a result of certain criminal convictions, rescinded March 5, 2001, eff. July 1, 2001.
2018 Orders
The October 10, 2018 order deleted references to examiners, deleted the last sentence of the Rule, and deleted an obsolete cross reference.
For the requirement of oral testimony by the plaintiff in a divorce action, see Code, Family Law Article, ยง 1-203(c). For default procedures, see Rule 2-613.