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Rule 2-541 – Magistrates

May 13, 2021 | Civil Prodcedure, Maryland

(a) Appointment–Compensation.

The appointment and compensation of standing and special magistrates shall be governed by Rule 16-807.

(b) Referral of Cases.

(1) Referral of domestic relations matters to a magistrate shall be in accordance with Rule 9-208 and shall proceed only in accordance with that Rule.
(2) On motion of any party or on its own initiative, the court, by order, may refer to a magistrate any other matter or issue not triable of right before a jury.
(c) Powers. Subject to the provisions of any order of reference, a magistrate has the power to regulate all proceedings in the hearing, including the powers to:

(1) Direct the issuance of a subpoena to compel the attendance of witnesses and the production of documents or other tangible things;
(2) Administer oaths to witnesses;
(3) Rule upon the admissibility of evidence;
(4) Examine witnesses;
(5) Convene, continue, and adjourn the hearing, as required;
(6) Recommend contempt proceedings or other sanctions to the court; and
(7) Recommend findings of fact and conclusions of law.
(d) Hearing.

(1)Notice. The magistrate shall fix the time and place for the hearing and shall send written notice to all parties.
(2)Attendance of Witnesses. A party may procure by subpoena the attendance of witnesses and the production of documents or other tangible things at the hearing.
(3)Record. All proceedings before a magistrate shall be recorded either stenographically or by an electronic recording device, unless the making of a record is waived in writing by all parties. A waiver of the making of a record is also a waiver of the right to file any exceptions that would require review of the record for their determination.
(e) Report.

(1)When Filed. The magistrate shall notify each party of the proposed recommendation, either orally at the conclusion of the hearing or thereafter by written notice served pursuant to Rule 1-321. Within five days from an oral notice or from service of a written notice, a party intending to file exceptions shall file a notice of intent to do so and within that time shall deliver a copy to the magistrate. If the court has directed the magistrate to file a report or if a notice of intent to file exceptions is filed, the magistrate shall file a written report with the recommendation. Otherwise, only the recommendation need be filed. The report shall be filed within 30 days after the notice of intent to file exceptions is filed or within such other time as the court directs. The failure to file and deliver a timely notice is a waiver of the right to file exceptions.
(2)Contents. Unless otherwise ordered, the report shall include findings of fact and conclusions of law and a recommendation in the form of a proposed order or judgment, and shall be accompanied by the original exhibits. A transcript of the proceedings before the magistrate need not be prepared prior to the report unless the magistrate directs, but, if prepared, shall be filed with the report.
(3)Service. The magistrate shall serve a copy of the recommendation and any written report on each party pursuant to Rule 1-321.
(f) Entry of Order.

(1) The court shall not direct the entry of an order or judgment based upon the magistrate’s recommendations until the expiration of the time for filing exceptions, and, if exceptions are timely filed, until the court rules on the exceptions.
(2) If exceptions are not timely filed, the court may direct the entry of the order or judgment as recommended by the magistrate.
(g) Exceptions.

(1)How Taken. Within ten days after the filing of the magistrate’s written report, a party may file exceptions with the clerk. Within that period or within three days after service of the first exceptions, whichever is later, any other party may file exceptions. Exceptions shall be in writing and shall set forth the asserted error with particularity. Any matter not specifically set forth in the exceptions is waived unless the court finds that justice requires otherwise.
(2)Transcript. Unless a transcript has already been filed, a party who has filed exceptions shall cause to be prepared and transmitted to the court a transcript of so much of the testimony as is necessary to rule on the exceptions. The transcript shall be ordered at the time the exceptions are filed, and the transcript shall be filed within 30 days thereafter or within such longer time, not exceeding 60 days after the exceptions are filed, as the magistrate may allow. The court may further extend the time for the filing of the transcript for good cause shown. The excepting party shall serve a copy of the transcript on the other party. Instead of a transcript, the parties may agree to a statement of facts or the court by order may accept an electronic recording of the proceedings as the transcript. The court may dismiss the exceptions of a party who has not complied with this section.
(h) Hearing on Exceptions. The court may decide exceptions without a hearing, unless a hearing is requested with the exceptions or by an opposing party within five days after service of the exceptions. The exceptions shall be decided on the evidence presented to the magistrate unless:

(1) the excepting party sets forth with particularity the additional evidence to be offered and the reasons why the evidence was not offered before the magistrate, and
(2) the court determines that the additional evidence should be considered. If additional evidence is to be considered, the court may remand the matter to the magistrate to hear the additional evidence and to make appropriate findings or conclusions, or the court may hear and consider the additional evidence or conduct a de novo hearing.

Md. R. Civ. P. Cir. Ct. 2-541

This Rule is derived as follows:

Section (a) is new.

Section (b) is derived in part from former Rule 596 c.

Section (c) is derived in part from former Rule 596 d.

Subsections (6) and (7) are new but are consistent with former Rule 596 f 1 and g 2.

Section (d) is in part new and in part derived from former Rule 596 e.

Section (e) is derived from former Rule 596 f.

Section (f) is new.

Section (g) is derived from former Rule 596 h 1, 2, 3, 4 and 7 except that subsection 3(b) of section h of the former Rule is replaced.

Section (h) is derived from former Rule 596 h 5 and 6.

Adopted April 16, 1984, eff. July 1, 1984. Amended May 2, 1986, eff. July 1, 1986; Nov. 23, 1988, eff. Jan. 1, 1989; June 28, 1990, eff. July 1, 1990; June 4, 1991, eff. July 1, 1991; June 5, 1996, eff. Jan. 1, 1997; June 6, 2000, eff. Oct. 1, 2000; March 5, 2001, eff. July 1, 2001; Nov. 12, 2003, eff. Jan. 1, 2004; Sept. 17, 2015, eff. Jan. 1, 2016; Oct. 10, 2018, eff. Jan. 1, 2019.

HISTORICAL NOTES

2000 Orders

The June 6, 2000, order, in subsec. (b)(1), deleted “as of course following “master and inserted “and shall proceed in accordance with that rule following “Rule 9-207; in subsec. (c)(7), substituted “Recommend for “Make; deleted former section (e) pertaining to further proceedings; renumbered the subsequent provisions accordingly; and amended the source note.

The Court of Appeals issued three rules orders on June 6, 2000. One order, effective July 1, 2000, and January 1, 2001, amended Rules 16-803 through 16-810 and Bar Rule 17. Another order, effective October 1, 2000, amended Rules 1-325, 2-541, 9-207, 15-206, and 16-814. The third order did not amend any rules.

2001 Orders

The March 5, 2001, order, in subsec. (b)(1), substituted “Rule 9-208 for “Rule 9-207.

2003 Orders

The November 12, 2003, order, in subsec. (b)(1), substituted “shall proceed only for “shall proceed.

2015 Orders

The September 17, 2015, order, changed the term “master to “magistrate and deleted the second sentence of subsection (a)(1).

2018 Orders

The October 10, 2018 order deleted provisions relating to the appointment, compensation, fees, and costs of magistrates that have been transferred to Rule 16-807.