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Rule 4-407 – Statement and Order of Court

May 13, 2021 | Criminal Prodcedure, Maryland

(a) Statement. The judge shall prepare and file or dictate into the record a statement setting forth separately each ground upon which the petition is based, the federal and state rights involved, the court’s ruling with respect to each ground, and the reasons for the action taken thereon. If dictated into the record, the statement shall be promptly transcribed.
(b) Order of Court. The statement shall include or be accompanied by an order either granting or denying relief. If the order is in favor of the petitioner, the court may provide for rearraignment, retrial, custody, bail, discharge, correction of sentence, or other matters that may be necessary and proper.
(c) Copy to the Parties. A copy of the statement and the order shall be filed promptly with the clerk and sent to the petitioner, petitioner’s counsel, and the State’s Attorney.
(d) Finality. The statement and order constitute a final judgment when entered by the clerk.

Md. Crim. Causes. 4-407

This Rule is derived as follows:

Section (a) is derived from former Rule BK45 b.

Section (b) is derived from former Rule BK45 a.

Section (c) is derived from former Rule BK45 d.

Section (d) is derived from former Rule BK45 c.

Adopted April 6, 1984, eff. July 1, 1984. Amended Nov. 1, 2001, eff. Jan. 1, 2002.

HISTORICAL NOTES

2001 Orders

The November 1, 2001, order, in section (a), in the first sentence, inserted “and file”.