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Rule 2-648 – Enforcement of Judgment Prohibiting or Mandating Action

May 13, 2021 | Civil Prodcedure, Maryland

(a) Generally. When a person fails to comply with a judgment prohibiting or mandating action, the court may order the seizure or sequestration of property of the noncomplying person to the extent necessary to compel compliance with the judgment and, in appropriate circumstances, may hold the person in contempt pursuant to Rules 15-206 and 15-207. When a person fails to comply with a judgment mandating action, the court may direct that the act be performed by some other person appointed by the court at the expense of the person failing to comply. When a person fails to comply with a judgment mandating the payment of money, the court may also enter a money judgment to the extent of any amount due.
(b) Against Transferee of Property. If property is transferred in violation of a judgment prohibiting or mandating action with respect to that property, and the property is in the hands of a transferee, the court may issue a subpoena for the transferee. If the court finds that the transferee had actual notice of the judgment at the time of the transfer, the transferee shall be subject to the sanctions provided for in section (a) of this Rule. If the court finds that the transferee did not have actual notice, the court may enter an order upon such terms and conditions as justice may require.

Md. R. Civ. P. Cir. Ct. 2-648

This Rule is in part new and in part derived from former Rule 685 a and the 1937 version of Fed. R. Civ. P. 70.

Adopted April 6, 1984, eff. July 1, 1984. Amended April 7, 1986, eff. July 1, 1986; June 5, 1996, eff. Jan. 1, 1997; July 23, 1997; Nov. 12, 2003, eff. Jan. 1, 2004.

HISTORICAL NOTES

2003 Orders

The November 12, 2003, order amended the source note.