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Rule 2-542 – Examiners

May 13, 2021 | Civil Prodcedure, Maryland

(a) Appointment–Compensation.

The appointment and compensation of examiners shall be governed by Rule 16-808.

(b) Referral by Order. On motion of any party or on its own initiative, the court may refer to an examiner, for the purpose of taking evidence in proceedings held in execution of judgment pursuant to Rule 2-633 and in uncontested proceedings other than proceedings triable of right before a jury or referable to a standing magistrate under Rule 9-208. The order of reference may prescribe the manner in which the examination is to be conducted and may set time limits for the completion of the taking of evidence and the submission of the record of the examination.
(c) Powers. Subject to the provisions of the order of reference, an examiner 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) Examine witnesses;
(4) Convene, continue, and adjourn the hearing, as required; and
(5) Recommend contempt proceedings or other sanctions to the court.
(d) Hearing.

(1)Notice. The examiner shall fix the time and place for the taking of evidence 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)Objections. The examiner may not decide objections or refusals to answer, but the failure to object is a waiver of the right to file exceptions on that ground. When a party or witness refuses to answer on the ground of privilege or otherwise, the examiner, at the request of a party, shall refer the refusal to the court. The court shall promptly hear and decide the question and may award costs as justice requires.
(4)Record. All proceedings before an examiner shall be recorded either stenographically or by an electronic recording device, unless otherwise ordered by the court.
(5)Examiner to Remain in Room. In an action for divorce or annulment, the examiner shall remain in the hearing room throughout the taking of testimony, and shall so certify when the record of examination is submitted to the court.
(e) Order to Complete Examination. If the order of reference does not prescribe a time limit for the completion of the examination, the court, upon motion of any party or on its own initiative, may prescribe a time for completion.
(f) Filing of Record. Unless otherwise ordered by the court, all proceedings before the examiner shall be transcribed. A witness shall not be required to authenticate and sign the transcript of that witness’ testimony unless requested by a party. When the examination has been completed, the examiner shall collect and arrange all transcripts and exhibits, certify that they are authentic and complete, and file them with the court. The examiner may also include a report of any special matters or irregularities that arose during or as a result of the examination. On the date the record is filed, the examiner shall send written notice to all parties informing them of the date of filing. The examiner shall certify to the court that the required notices have been sent. For ten days thereafter, the record shall be available for inspection by the parties.
(g) Exceptions. Within ten days after the filing of the record, a party may file exceptions to the accuracy, completeness, or authenticity of the record or for the purpose of presenting to the court objections made before the examiner. 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.
(h) Hearing on Exceptions. A hearing shall be held on exceptions only with leave of court.

Md. R. Civ. P. Cir. Ct. 2-542

This Rule is derived as follows:

Section (a) is new.

Section (b) is new.

Section (c) is derived in part from former Rules 580 c and 596 d.

Subsection (5) is new but is consistent with former Rule 580 e.

Section (d)

Subsection (1) is derived from former Rule 580 d.

Subsection (2) is derived from former Rule 596 e 1.

Subsection (3) is derived from former Rule 580l 1 and 2.

Subsection (4) is new and replaces former Rule 580 f 2.

Subsection (5) is derived from former Rule 580 g 1.

Section (e) is new and replaces former Rule 580o.

Section (f) is in part new, in part derived from former Rule 580 m 1 and n, and in part replaces section k and subsection f 2 of former Rule 580.

Section (g) is new.

Section (h) is new.

Adopted April 6, 1984, eff. July 1, 1984. Amended eff. Oct. 10, 2018, eff. Jan. 1, 2019.

HISTORICAL NOTES

2018 Orders

The October 10, 2018 order deleted provisions relating to the appointment, compensation, fees, and costs of examiners that have been transferred to Rule 16-808; prohibited referral to an examiner of a matter referable to a standing magistrate under Rule 9-208; and made stylistic changes.