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Rule 4-254 – Reassignment and Removal

May 13, 2021 | Criminal Prodcedure, Maryland

(a) Reassignment in District Court. The reassignment of a criminal action pending in the District Court shall be governed by the provisions of Rule 3-505.
(b) Removal in Circuit Courts.

(1)Suggestion and Order. When either party files a suggestion under oath that the party cannot have a fair and impartial trial in the court in which the action is pending, the court shall order that the action be transferred for trial to another court having jurisdiction only if the court is satisfied that the suggestion is true or that there is reasonable ground for it. The Circuit Administrative Judge of the court ordering removal shall designate the county to which the case is to be removed. A party who has obtained one removal may obtain further removal pursuant to this section.
(2)Transfer of Case File–Trial. Upon the filing of an order for removal, the clerk shall transmit the case file and a certified copy of the docket entries to the clerk of the court to which the action is transferred and the action shall proceed as if originally filed there. After final disposition of the action, the clerk shall return a certified copy of the docket entries to the clerk of the court in which the action was originally instituted for entry on the docket as final disposition of the charges.

Md. Crim. Causes. 4-254

This Rule is derived as follows:

Section (a) is derived from former M.D.R. 744.

Section (b) is derived from former Rule 744.

Adopted April 6, 1984, eff. July 1, 1984. Amended March 5, 2001, eff. July 1, 2001; Nov. 12, 2003, eff. Jan. 1, 2004; Dec. 7, 2015, eff. Jan. 1, 2016.

HISTORICAL NOTES

2001 Orders

The March 5, 2001, order, in subsecs. (b)(1) and (b)(2), inserted the second sentences, providing that the Circuit Administrative Judge may designate a county to which a case is to be removed.

2003 Orders

The November 12, 2003, order rewrote subsecs. (b)(1) and (b)(2), which previously read:

“(1) Capital Cases. When a defendant is charged with an offense for which the maximum penalty is death and either party files a suggestion under oath that the party cannot have a fair and impartial trial in the court in which the action is pending, the court shall order that the action be transferred for trial to another court having jurisdiction. The Circuit Administrative Judge of the court ordering removal shall designate the county to which the case is to be removed. A suggestion by a defendant shall be under the defendant’s personal oath. A suggestion filed by the State shall be under the oath of the State’s Attorney.

“(2) Non-capital Cases. When a defendant is charged with an offense for which the maximum penalty is not death and either party files a suggestion under oath that the party cannot have a fair and impartial trial in the court in which the action is pending, the court shall order that the action be transferred for trial to another court having jurisdiction only if it is satisfied that the suggestion is true or that there is reasonable ground for it. The Circuit Administrative Judge of the court ordering removal shall designate the county to which the case is to be removed. A party who has obtained one removal may obtain further removal pursuant to this section.”

2015 Orders

The December 7, 2015, order, deleted subsection (b)(1), changed the tagline of new subsection (b)(1), deleted a reference to the death penalty in section (b), and made stylistic changes.