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Rule 4-248 – Stet

May 13, 2021 | Criminal Prodcedure, Maryland

(a) Disposition by Stet. On motion of the State’s Attorney, the court may indefinitely postpone trial of a charge by marking the charge “stet on the docket. The defendant need not be present when a charge is stetted but if neither the defendant nor the defendant’s attorney is present, the clerk shall send notice of the stet to the defendant, if the defendant’s whereabouts are known, and to the defendant’s attorney of record. Notice shall not be sent if either the defendant or the defendant’s attorney was present in court when the charge was stetted. If notice is required, the clerk may send one notice that lists all of the charges that were stetted. A charge may not be stetted over the objection of the defendant. A stetted charge may be rescheduled for trial at the request of either party within one year and thereafter only by order of court for good cause shown.
(b) Effect of Stet. When a charge is stetted, the clerk shall take the action necessary to recall or revoke any outstanding warrant or detainer that could lead to the arrest or detention of the defendant because of the charge, unless the court orders that any warrant or detainer shall remain outstanding.

Md. Crim. Causes. 4-248

This Rule is derived from former Rule 782 c and d and M.D.R. 782 c and d.

Adopted April 6, 1984, eff. July 1, 1984. Amended Jan. 8, 2002, eff. Feb. 1, 2002; April 5, 2005, eff. July 1, 2005; June 7, 2011, eff. July 1, 2011.

HISTORICAL NOTES

2002 Orders

The January 8, 2002, order amended the committee note following section (b).

2005 Orders

The April 5, 2005, order inserted the cross reference following section (b).

2011 Orders

The June 7, 2011, order rewrote section (a); amended the committee note; and amended the cross reference. Prior to amendment, section (a) read:

“(a) Disposition by Stet. On motion of the State’s Attorney, the court may indefinitely postpone trial of a charge by marking the charge stet on the docket. The defendant need not be present when a charge is stetted but in that event the clerk shall send notice of the stet to the defendant, if the defendant’s whereabouts are known, and to the defendant’s attorney of record. A charge may not be stetted over the objection of the defendant. A stetted charge may be rescheduled for trial at the request of either party within one year and thereafter only by order of court for good cause shown.”

Committee note: For provisions relating to bail or recognizance when criminal charges are stetted, see Code, Criminal Procedure Article, § 5-208.

For provisions relating to expungement of the records after a stet has been entered in a case, see Rule 4-329. For provisions relating to a stet with the requirement of drug or alcohol treatment in non-violent crimes, see Code, Criminal Procedure Article, § 6-229. .