More Categories

Rule 2-802 – NonEvidentiary Proceedings

May 13, 2021 | Civil Prodcedure, Maryland

(a) In General. Subject to Rule 2-804, a court, on motion or on its own initiative, may permit or require one or more participants or all participants to participate in a non-evidentiary proceeding by means of remote electronic participation, unless, upon objection by a party, the court finds, with respect to that proceeding, that remote electronic participation would be likely to cause substantial prejudice to a party or adversely affect the fairness of the proceeding. With the approval of the county administrative judge or the judge’s designee, remote electronic participation in a non-evidentiary proceeding before a magistrate, examiner, or auditor is permitted in accordance with the Rules in this Chapter.

Committee note: The intent of this Rule is to allow a court to permit or require remote electronic participation in non-evidentiary proceedings, including (1) status and scheduling conferences, (2) discussion of other administrative matters in which the physical presence of one or more participants is not essential; (3) proceedings limited to the argument of motions, petitions, requests, or applications involving only questions of law or procedure; and (4) judicial review actions to be decided on the record made before an administrative agency.

(b) On Court’s Own Initiative.

(1)In General. The county administrative judge, by administrative order entered as part of the court’s case management plan, may direct that specific categories of non-evidentiary proceedings routinely be conducted, in whole or in part, by remote electronic participation unless otherwise ordered, for good cause, by the presiding judge in a particular case.
(2)In Particular Proceeding. If the court intends to permit or require remote electronic participation on its own initiative in a proceeding not subject to an administrative order entered pursuant to subsection (b)(1) of this Rule, the court shall notify the parties of its intention to do so and afford them a reasonable opportunity to object. An objection shall state specific grounds and may be ruled upon without a hearing.

Md. R. Civ. P. Cir. Ct. 2-802

This Rule is new.

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