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Rule 2-505 – Removal

May 13, 2021 | Civil Prodcedure, Maryland

(a) Grounds.

(1)Prejudice. In any action that is subject to removal, and on issues from the Orphans’ Court, any party may file a motion for removal accompanied by an affidavit alleging that the party cannot receive a fair and impartial trial in the county in which the action is pending. If the court finds that there is reasonable ground to believe that the allegation is correct, it shall order that the action be removed for trial to a court of another county. Any party, including a party who has obtained removal, may obtain further removal pursuant to this Rule.
(2)Disqualification of All Judges. In any action in which all the judges of the court of any county are disqualified to sit by the provisions of the Maryland Constitution, any party, upon motion, shall have the right of removal of the action to a court of another county or, if the action is not removable, the right to have a judge of a court of another county preside in the action.
(b) Designation of Court and Transmittal of Record. The Circuit Administrative Judge of the court ordering removal shall designate the county to which the case is to be removed. When the court orders that the action be removed for trial to a court of another county, the clerk shall transmit the record to that court within five days from entry of the order, unless the court ordering the removal extends the time. The record shall consist of all the original papers filed in the action and a copy of the docket entries.
(c) Striking the Order of Removal. Before the record has actually been transmitted, the court, on motion of the party who obtained the order of removal, may vacate the order.
(d) Order by Court to Which Removed. The court to which an action has been removed may issue a warrant of resurvey or other process to the sheriff, surveyor, or other officer of the county from which the action has been removed.
(e) Return of Papers to Original Court. Within five days after final disposition of the action, including all appeals, the clerk shall transmit all papers in the action and a copy of the docket entries to the court from which the action was first removed.

Md. R. Civ. P. Cir. Ct. 2-505

This Rule is derived as follows:

Section (a) is derived from former Rule 542 a 1 and 2.

Section (b) is derived from former Rule 542 c 1 and 4.

Section (c) is derived from former Rule 542 d 1.

Section (d) is derived from former Rule 542 g.

Section (e) is derived from former Rule 542 i.

Adopted April 6, 1984, eff. July 1, 1984. Amended June 5, 1996, eff. Jan. 1, 1997; March 5, 2001, eff. July 1, 2001.

HISTORICAL NOTES

2001 Orders

The March 5, 2001, order, in the catchline of section (b), inserted “Designation of Court and; and inserted the first sentence of section (b).

For limitations on the constitutional right of removal in condemnation cases, see Mayor and City Council of Baltimore v. Kane, 125 Md. 135 (1915) and Mayor and City Council of Baltimore v. Libowitz, 159 Md. 28 (1930).