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Rule 2-702 – Scope of Chapter

May 13, 2021 | Civil Prodcedure, Maryland

(a) Generally. Subject to section (b) of this Rule, the Rules in this Chapter apply to actions in which, by law or contract, a party is entitled to claim attorneys’ fees from another party.

Committee note: Maryland generally follows the “American Rule under which a party is not liable for the attorneys’ fees of another party unless such liability is provided for by law or by a contract between the parties. Subject to the provisions of section (b) of this Rule, the Rules in this Chapter apply only to claims for attorneys’ fees that fall under the exceptions to the “American Rule in civil litigation in a circuit court. A comparable Rule for claims in civil litigation in the District Court appears as Rule 3-741.

(b) Particular Claims. The procedural requirements of these Rules do not apply to claims for attorneys’ fees (1) in an action under Code, Family Law Article where an award of attorneys’ fees does not depend on the applicant’s having prevailed in the action or on any particular claim or issue in the action; (2) in a proceeding under Rules 1-341 or 2-433, or any other Rule permitting an award of reasonable attorneys’ fees as a sanction or remedy for the violation of a Rule or court order; (3) by an attorney for legal services rendered by the attorney to the attorney’s client; or (4) in an action to foreclose a lien under Title 14 of the Maryland Rules. In determining the reasonableness of any requested fee in the proceedings enumerated in this section, the court may apply some or all of the evidentiary requirements and standards set forth in the Rules in this Chapter, as appropriate under the circumstances.

Md. R. Civ. P. Cir. Ct. 2-702

This Rule is new.

Adopted Oct. 17, 2013, eff. Jan. 1, 2014.

For the procedure to be followed in claiming attorneys’ fees in foreclosure cases, see Rules 14-215, 14-305, and 14-306.