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Rule 9-202 – Pleading

May 13, 2021 | Family Law, Maryland

(a)Signing-Telephone Number. A party shall personally sign each pleading filed by that party and, if the party is not represented by an attorney, shall state in the pleading a telephone number at which the party may be reached during ordinary business hours.

Cross Reference: See Rule 1-202(v).

(b)Child Custody. When child custody is an issue, each party shall provide in the party’s first pleading the information required by Code, Family Law Article, § 9.5-209(a).
(c) Amendment to Complaint. Except when a judgment of limited divorce has been entered, a complaint may be amended pursuant to Rule 2-341 to include a ground for divorce that by reason of the passage of sufficient time has become a ground for divorce after the filing of the complaint.
(d)Supplemental Complaint for Absolute Divorce After Judgment of Limited Divorce. A party who has obtained a judgment of limited divorce may file a supplemental complaint for an absolute divorce in the same action in which the limited divorce was granted if (1) the sole ground for the absolute divorce is that the basis of the limited divorce by reason of the lapse of sufficient time has become a ground for an absolute divorce and (2) the supplemental complaint is filed not later than two years after the entry of the judgment of limited divorce. Service of the supplemental complaint shall be in accordance with Rule 1-321 if the defendant has an attorney of record in the action at the time the supplemental complaint is filed. Otherwise, service of the supplemental complaint shall be in accordance with Rule 2-121 or in accordance with Rule 2-122.

Cross reference: For automatic termination of an attorney’s appearance, see Rule 2-132.

(e)Financial Statement–Spousal Support. If spousal support is claimed by a party and either party alleges that no agreement regarding support exists, each party shall file a current financial statement in substantially the form set forth in Rule 9-203(a). The statement shall be filed with the party’s pleading making or responding to the claim. If the claim or the denial of an agreement is made in an answer, the other party shall file a financial statement within 15 days after service of the answer.
(f) Financial Statement–Child Support. If establishment or modification of child support is claimed by a party, each party shall file a current financial statement under affidavit. The statement shall be filed with the party’s pleading making or responding to the claim. If the establishment or modification of child support in accordance with the guidelines set forth in Code, Family Law Article, §§ 12-201 – 12-204 is the only support issue in the action and no party claims an amount of support outside of the guidelines, the required financial statement shall be in substantially the form set forth in Rule 9-203(b). Otherwise, the statement shall be in substantially the form set forth in Rule 9-203(a).

Md. Fam. Law. Actions. 9-202

This Rule is derived in part from former Rule S72 a, c, and f and is in part new.

Adopted March 5, 2001, eff. July 1, 2001. Amended April 5, 2005, eff. July 1, 2005; Feb. 10, 2009, eff. May 1, 2009; June 7, 2011, eff. July 1, 2011; amended Mar. 13, 2020, eff. March 16, 2020.

HISTORICAL NOTES

2005 Orders

The April 5, 2005, order, in section (b), substituted Ҥ 9.5-209(a) for Ҥ 9-209.

2009 Orders

The February 10, 2009, order, corrected a cross-reference.

Derivation:

Rule 9-203, adopted as Maryland Rule of Procedure S72, Sept. 15, 1961, eff. Jan. 1, 1962, amended March 28, 1966, eff. June 1, 1996; Feb. 2, 1970, eff. Feb. 2, 1970; June 30, 1973, eff. July 1, 1973; June 16, 1975, eff. July 1, 1975; Dec. 17, 1975, eff. Jan. 1, 1976; Oct. 1, 1980, eff. Jan. 1, 1981; April 6, 1984, eff. July 1, 1984; Jan. 10, 1995, eff. Feb. 1, 1995, transferred to Rule 9-203, June 5, 1996, eff. Jan. 1, 1997, amended June 5, 1996, eff. Jan. 1, 1997, related to pleading, rescinded March 5, 2001, eff. July 1, 2001.

Prior Rules:

Rule 9-202, adopted as Maryland Rule of Procedure S71, Sept. 15, 1961, eff. Jan. 1, 1962, amended June 30, 1973, eff. July 1, 1973; April 6, 1984, eff. July 1, 1984, transferred to Rule 9-202, June 5, 1996, eff. Jan. 1, 1997, amended June 5, 1996, eff. Jan. 1, 1997, related to process, rescinded March 5, 2001, eff. July 1, 2001.

2011 Orders

The June 7, 2011, order, amended the cross reference following section (a).