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Rule 2-803 – Evidentiary Proceedings

May 13, 2021 | Civil Prodcedure, Maryland

(a) In General. Subject to section (b) of this Rule and Rule 2-804, a court, on motion or on its own initiative, may permit one or more participants or all participants to participate in an evidentiary proceeding by means of remote electronic participation (1) with the consent of all parties, or (2) in conformance with section (c) of this Rule. With the approval of the county administrative judge or the judge’s designee, remote electronic participation in an evidentiary proceeding before a magistrate, examiner, or auditor is permitted in accordance with the Rules in this Chapter.
(b) On Court’s Own Initiative. If the court intends to permit remote electronic participation pursuant to this Rule on its own initiative, it shall notify the parties of its intention to do so and afford them a reasonable opportunity to object. An objection shall state specific grounds. The court may rule on the objection without a hearing.
(c) Absence of Consent; Required Findings. In the absence of consent by all parties, a court may exercise the authority under section (a) only upon findings that:

(1) participation by remote electronic means is authorized by statute; or
(2) the participant is an essential participant in the proceeding or conference; and

(A) by reason of illness, disability, risk to the participant or to others, or other good cause, the participant is unable, without significant hardship to a party or the participant, to be physically present at the place where the proceeding is to be conducted; and
(B) permitting the participant to participate by remote electronic means will not cause substantial prejudice to any party or adversely affect the fairness of the proceeding.

Md. R. Civ. P. Cir. Ct. 2-803

This Rule is new.

Adopted April 9, 2018, eff. July 1, 2018; amended June 17, 2020, eff. July 1, 2020

Committee note: It is not the intent of this section that mere absence from the county or State constitute good cause, although the court may consider the distance involved and whether there are any significant impediments to the ability of the participant to appear personally.