Md Frequency Chart

r

Source

Cite

Description

4-245

5-day Notice of prior convictions-before acceptance of plea

7/99

MD Rules CJP

1004(c)(IV)(I)

“Medical person” who did tests requires production requires 20 day notice

7/99

CJP

10304(c)(IV)(3)

Lab reports inadmissible w/o “qualified medical person”, if demand made

7/99

CJP

1004(d)(2)(i)

testimony of technologist requires subpoena – 20 days

7/99

CJP

10-1003(a)

chemist report on controlled substance requires 5 day notice filed with clerk

07/01/99

7/99

MD Rules

4-292(d) ?

Nolo pleas, if agreed are not admissible in later proceedings

7/99

MD Rules

4-243(a)(1)

plea agreements negotiated with sentences – requires submission to judge

7/99

MD Rules MD Rules

4-340

reporting convictions to licensing agencies – check applicability date, number o

2-123(a)

service on attorney persmissible

7/99

7/99

MD Rules

2-323

service by a party not permissible

7/99

MD Rules

2-121(a)

service by mail, but be delivered to the person

7/99

MD Rules

2-321(b)(1)

service outside state is 60 days

7/99

MD Rules

2-321(a),(3)

initial response normally due within 30 days – unless out of state, but motions a

7/99

MD Rules

2-322

preliminary motions that are deemed to be waived

7/99

MD Rules MD Rules

1-203(a)

Rolling – mail service in © -- doesn't apply if period is under 7 days

2-124(d)

service on general partnership by serving one partner and corporations by serv

CJP

6-203

Venue,Land-where all or part of the land is located (but specific performance ha

7/99

7/99

7/99

CJP

6-406

service on general partnership by serving one partner

7/99

CJP

6-291

Venue,Land-where all or part of the land is located (but specific performance ha

7/99

MD Rules MD Rules MD Rules MD Rules MD Rules MD Rules MD Rules MD Rules CJP

2-322(b)

Filing by fax not allowed, but faxes can be filed if original retained

2-241

incompetent or dead people may be substituted, otherwise subject to dismisssa

2-517

motions in limine, required to be renewed at trial

2-519(a)

motions for judgment grounds must be stated with particularity

2-520(e)

objections to jury instructions must be stated with particularity

2-532

JNOV motions must be based on the grounds “stated in a proper motion for jud

5-533

Appeal – motions for new trial generally not appealable

5-533

motion for new trial-10 days after judgment; parties whose verdict has been set

5-102(a)(3)

Statute of limitations on judgments – 12 years

7/99

MD Rules

2-625

renewal of judgment

7/99

MD Rules MD Rules

2-124(b)

minors and the guardians must be individually served

2-213

Misjoinder on judgments – can attack judgment by arguing misjoinder, but party

7/99 7/99 7/99 7/99 7/99 7/99 7/99 7/99

7/99

7/99 7/98 7/98 7/98 7/98 7/98 7/98 7/98

RPC MD Rules MD Rules MD Rules MD Rules CJ MD Rules MD Rules

2-403

3.1

Lawyer should not undertake friv. Rep. Protective Orders – good cause must be shown to delay

7-206(d)

Delays in providing the record on appeal can only be excused by affidavits from

9-207(d)

exceptions to master's report – due five days

1-203(c)

service by mail of motions-three more days

6-104 3-325

forum non? jury trial demand in District Court –if in exclusive jurisdiction, made on separate

2-322(a)

person jurisdiction is a preliminary motion – filed 30/60 days after service

7/98

MD Rules

2-323(f)

personal representative: this is a negative defense and plaintiff must sue perso court are appealable

7/98

MD Rules MD Rules

2-321(c)

Answer – if a MTD was filed, the time for filing an answer is 15 days after the e

2-421(b)

Interogatories are only due 15 days after the initial pleading (i.e. answer) is req

MD Rules MD Rules

2-341(d)

adding new parties can cure misnaming or lack of cap.

2-322(a)(2)

MTD for venue, even if personal jurisdiciction

CJ

6-201

venue is where business caried on

7/98

7/98 7/98

7/98

7/98

CJ

6-202(11)

venue for out-of-state can be brought in any county

7/98

MD Rules MD Rules RPC RPC MD Rules

2-323

affirmative defenses in failure to state a claim

4-261

Criminal Depositions (g) is protective oder. See 2-401(f), 2-414, 2-416, 2-417(b

15-701

Confidentiality provisions w/ lawyer and when to withdraw Duty of candor during criminal proceedings.. can disclose when necessary to a Mandamus doesn't lie when other relief available

Jan 07

MD Rules

2-121(a)

Service must be at home or abode

Jan 07

MD Rules RPC RPC RPC

2-124(l)

Service of local entity against agent or chief executive

7/98 7/98 7/98 Jan 07

Jan 07 Jan 07 Jan 07

Jan 07 Jan 07 Jan 07 Jan 07 Jan 07 Jan 07 Jan 07

RPC RPC RPC RPC MD Rules CJP CJP

1.6 3.3

1.5 1.7 1.15

reasonableness of fees Conflicts – coparties might have different intrerests. Must inform the parties an duty to put money in trust accounts until earned

1.16 1.13 1.14 7.4 15-504

IOLTA and property money left must be returned must act w/ reasonable dilligence Must respond to client's bequests Advertising – can't advertise oneself as SM expert TROS – require affidavit from attorney, notice given and steps rigorously compl

5-511 4-401

legislatures not subject to defamation actions. Must generally be final governm In Landlord-tenant actions District Court for county where property us has exclu

Jan 07 Jan 07 Jan 07 Jan 07

CPC CPC CPC MD Rules

10-105 11-701 11-710 4-216

Expungements – criteria which need to be satisifed crimes of voilence – no pardons available sex offenders must regisere within 7 days of change; but homless people migh Bond amount criteria, reduction under 3-311

Jan 07 Jan 07 Jan 07 Jan 07 Jan 07 Jan 07 Jan 07 Jan 07 Jan 07 Jan 07 Jan 07 Jan 07 Jul 06

CJP CJP CJP CJP CJP CJP RPC RPC RPC RPC RPC RPC MD Rules CJP CJP CJP MD Rules MD Rules MD Rules MD Rules CJP CJP RPC RPC RPC RPC RPC CJP CPC CPC CPC MD Rules MD Rules CJ MD Rules CJ

3-707 9-107 9-105 9-106 9-101 9-111

3-311

leave to appeal criminal orders from District Court Defendants can't be compelled to offer testimony Spousal priv. See 9-106 – prptects communications and doesn't matter if no lo Marital Priv. See 9-105 Evidence generally admissible priest's priv – can be waived by priest Competence-includes being admitted where one will file, and proper service Diligence-failing to serve is lack of dil. Communication-must inform of attorneys involved fee splitting. Must inform of fees of clients that are not in the same firm where c unauthorized practice-even if in other state misconduct that prejudices administration of justice or lying District Court MTD

3-403 4-402 3-405(b) 16-701

Declaratory Judgments Actions can only be brought in Circuit Court. CJP 4-40 Declaratory Judgments Actions can only be brought in Circuit Court. CJP 3-40 Challenges to invalidity of statutes must make county a party and serve AG. Se Individual non-lawyers can't represent any kind of entity

2-322

Circuit Court MTD 30 days after service and before filing an answer under 2-32

2-121(a)

MTD improper service is mandatory. See 2-121(a) and 2-123. Must be filed be

2-123

MTD improper service is mandatory. Can't use parties to serve See 2-121(a) a

3-405(b),(c) 3-406 1.7 1.8(f) 1.15 1.8(g) 8.3 9-108 10-105(a) 10-107 10-105(d)(1) 4-506

MTD for serving wrong person is permissive MTD for 12(b)(6) is permissive. 3-322(b)(2) Conflicts – co parties might have different interests. Must inform the parties an Advance payments by others Commingling prohibited disclosure required when negotiating plea agreements w/ one client but not oth reporting attorney misconduct. However, exception for RPC 1.6 and CJP 9-108 Codification of atty-client priv expungements – criteria which need to be satisifed. Crim 3-207 Compromise of criminal matters 3-207 Expungements – procedure – 30 days to object see MD R 4-506 Hearing on expungements. Expungement order under 508, and 4-509(a) final

4-508(b)

Final order procedure

12-308 5-801

Criminal notice of appeal. Procedures in Title VIII Hearsay: 5-801, 5-802 See CJP 10-204

10-204

Hearsay statute. See 10-104 (medical records)

Jul 06 Jul 06 Jul 06 Jul 06 Jul 06 Jul 06 Jul 06 Jul 06 Jul 06 Jul 06 Jul 06 Jul 06 Jul 06 Jul 06 Jul 06 Jul 06 Jul 06 Jul 06 Jul 06 Jul 06 Jul 06 Jul 06 Jul 06

1.1 1.3 1.4 1.5 5.5 8.4

Jul 06 Jul 06 Jul 06 Jul 06 Jul 06 Jul 06 Jul 06 Jul 06 Jul 06 Jul 05 Jul 05 Jul 05 Jul 05 Jul 05 Jul 05 Jul 05 Jul 05 Jul 05 Jul 05 Jul 05 Jul 05 Jul 05 Jul 05 Jul 05 Jul 05 Jul 05 Jul 05 Jul 05 Jul 05 Jul 05 Jul 05 Jul 05 Jul 05 Jul 05 Jul 05 Jul 05 Jul 05 Jul 05 Jul 05 Jul 05

CJ MD Rules MD Rules CJP RPC RPC RPC RPC RPC MD Rules MD Rules MD Rules MD Rules CJP CJP CJP CJP CJP CJP RPC RPC RPC RPC RPC RPC RPC RPC RPC CJP CJP CJP MD Rules CPC MD Rules MD Rules MD Rules MD Rules MD Rules MD Rules MD

10-104 5-803(6)

Hearsay exception for medical records Certified medical records admitted if kept in normal course of business

5-609(b)

Admission of prior conviction. Must be less than 15 years. Otherwise exceptio

9-104 8.5(a)(2) 5.5(a) 1.7(a)(1)(2) 1.5 8.4 2-322(a)

Perjurors can't testify. Absolute bar for any perjuror testifying. Ever. No excep Jurisdiction of MD Bar counsel – extends to non-MD lawyers that do things in M practicing law w/o a license. Includes exceptions conflicts spring to life. Sometimes can be cured. Fee agreements. Must be reasonable. Probably should be in writing Catch-all ethical rules (misconduct; prejudicial to justice). See 8.5 Mandatory motion to dismiss must be filed before answer

2-322(a)

MTD/service is mandatory, but in theory if it is never served, the 30/60 days ne

2-121(a)(3)

service must be made with person of age and discretion. Taping it to door not e

2-322(e)

Motions to strike parts of complaint – seperate counts for each cause of action.

4-401(1) 4-402(d) 4-405 9-116 5-102(a) 5-101

6-201 9-201 9-202 2-322

Amount in controversy in Circuit Court. Claims can be aggegated. CJP 4-401( Amount in controversy in Circuit Court. Claims can be aggegated. CJP 4-401( Amount in controversy in Circuit Court. Claims can be aggegated. CJP 4-401( “Dead Man's statute” -- opposing party can't testify as to what the dead person Statute of limitations : notes under seal – 12, notes not under seal 5 years after Statute of limitations : notes under seal – 12, notes not under seal 3 years after Confidentiality provisions w/ lawyer and when to withdraw Conflicts – it is okay for one person to pay the retainer of another if it really inur Anti-comingling statute Catch-all ethical rules (misconduct; prejudicial to justice). See 8.5 ex parte conduct prohibition partners responsible for what other lawyers do. See MRPC 8.3(a) (reporting) reporting attorney misconduct. However, exception for RPC 1.6 and CJP 9-108 covering things up is professional misconduct conflicts between lawyers and clients might actually put them at averse interest Venue-custody – in county where mother and child reside. 6-205(5) Custody complaints require financial statments, and can be dismissed w/o them Custody complaints require personally signed pleadings. Complaints are plead MTD/venue

6-220 4-435(b)

PBJ reconsider sentence – 90 days after imposd, unless illegal, then no limit

4-504

expungements – criteria which need to be satisifed – PBJ is one, but state can

10-105(a)(3)

expungements – criteria which need to be satisifed – PBJ is one, but state can

4-505(d)

Expungements – if the state doesn't file a response, it is automatic 4-505(d)

10-105(d)(2)

Expungements – if the state doesn't file a response, it is automatic 4-505(d)

4-263(d)(1)

Criminal physical testing – withing 15 days of appearance of counsel 4-213

4-233

joint trials in criminal. See 2-253(c)

1.6 1.8(f) 1.15 8.4 4.2(a) 5.1 8.3(a) 8.4 8.4

Jul 05 Jul 05 Jul 04 Jul 04 Jul 04 Jul 04 Jul 04 Jul 04 Jul 04 Jul 04 Jul 04 Jul 04 Jul 04 Jul 04 Jul 04 Jul 04 Jul 04 Jul 04 Jul 04 Jul 03 Jul 03 Jul 03 Jul 03 Jul 03 Jul 03 Jul 03 Jul 03 Jul 03 Jul 03 Jul 03 Jul 03 Jul 03 Jul 03 Jul 03 Jul 03 Jul 03 Jul 03

Rules MD Rules RPC MD Rules RPC CJP CJP CJP MD Rules MD Rules MD Rules MD Rules MD Rules MD Rules MD Rules MD Rules CJP CJP CJP CJP CJP CJP MD Rules CJP CJP CJP CJP RPC RPC CJP MD Rules MD Rules MRE MRE RPC MD Rules MD Rules MD

4-254(b)

death penalty venue – absolute right of removal to county designated by judge

1.8(c) 2-131(a)(2)

conflicts w/r/t wills – can't prepare a will that gives the lawyer or child money. S entities must be represented by counsel

4-402 4-401 4-402 4-402(e)

1.7

adverse clients – rules for representing them District Court doesn't have jurisdiction over equitable or injunctive relief. Must b Circuit Court jurisdiction includes equity and delaratory judgmens Small claims – no disco as of right; no jury trial Small claims – no disco as of right; no jury trial

2-512

Preemptory strikes in civil. 5 plus one alternate

5-608

Admission of prior conviction. Must be less than 15 years. Otherwise exceptio

10-402

Wiretap evidence simply illegal. 10-405 – or is it 10-401 ?

10-405

Illegally obtained evidence inadmissible

8-202

Motions for new trial – filed 10 days after judgment – stay the time for filing a no

5-1002

Destroyed evidence. Copies can be used unless original destroyed in bad faith

5-1002

Appeals from District Ct. Over 2,500 requires that appeal be in District Court 7

4-401 4-402 5-105 9-105 4-401 3-302 3-115

Venue-personal – can bring suit in any county the defendant does business in, District Court and circuit court concurrent jurisdiction. 4-401 and 4-402 SOL – assault. 5-105 – within one year – unless operating under a disability C Marital Priv. See 9-105. Exceptions for staements that are destructive of marria District Court AIC – 25k, exclusive of contractual interest, fees, and costs “Attachment on Original Process” -- must show that there is evidence that he is “Attachment on Original Process” -- must show that there is evidence that he is

9-106 9-105 9-110 10-913 1.5(c) 5-304 2-322

Spousal priv... applies in criminal case only Marital Priv. Can't be forced to disclose confidential information received during Account Priv. Only extends to information contained in books and records. Su financial status irrelevant in personal injury cases until punitive damages phase Contingency fee agreements must be in writing. Must specify how expenses a IOLTA and property money must be deposited and what is left must be returned Notice of claim against the government must be filed w/in 180 days of event. Venue must be made before filing an answer. See CJP 6-201 and 6-202. With

2-327

Forum Non – 2-327(c). Court would have discretion to grant such motions.

5-607 5-613 4-253

can impeach own witness witness can be questioned about prior inconsistent statement, but witness has Actual conflicts requiring striking of appearance (i.e. where lawyer learns in con Motions to sever. 30 days from initial appearance of D or lawyer's appearance

4-253

Motions to sever – in bench trials there is discretion. In jury trials, The test app

5-404(b)

Character generally not admissble, but exceptions in 5-609. Convictions must

1.15

1.7

Jul 02 Jul 02 Jul 02 Jul 02 Jul 02 Jul 02 Jul 02 Jul 02 Jul 02 Jul 02 Jul 02 Jul 02 Jul 02 Jul 02 Jul 02 Jul 02 Jul 02 Jul 02 Jul 02 Jul 02 Jul 02 Jul 02 Jul 02 Jul 02 Jul 02 Jul 01 Jul 01 Jul 01 Jul 01 Jul 01 Jul 01 Jul 01 Jul 01 Jul 01 Jul 01 Jul 01

Rules RPC RPC CJP CJP CJP CJP MD Rules MD Rules MD Rules MD Rules MD Rules MD Rules MD Rules CJP CJP CJP MD Rules MD Rules CJP CJP CJP MD Rules MD Rules MD Rules MD Rules MD Rules MD Rules MD Rules CJP RPC CJP CJP CJP RPC RPC MD Rules

1.7 1.1 5-301 5-503 5-503 5-321? 15-1001(d)

Conflicts – even if some contribution, there might be a conflcit Competence – new attorneys can't do it alone Notice of claim against the government must be filed w/in 180 days of event. Local governments not liable for punitive damages Local governments not liable for more than 200k per event or .5m total respondeat superior – local government tort claims act – no immunity unless ac Wrongful death complaints must state the relationships to decedent of pl

1.5(a)

reasonableness of fees

1.5(d)

no contingent fees in criminal matters

4-213(a)(4)

preliminary hearings in criminal matters – request must be made withing 10 day

4-216(e)

bail reduction

6-305

service of subpoenas upon nonresidents in state. Can't be just present in the s

9-109

therapist priv.

5-609 5-203 6-141 15-504

therapist priv. -- no cause of action or disciplinary action for failing to war someo concealment/fraud in coa – causes of action accrue when they are discovered bad fairth with decdent's proceedings, notices of disallowance can be set aside dissolving injunction – requirement that underlying injunction be based on irrep

15-502

injunctions only binding on people actually served or received actual notice. Ca

6-103 6-304 6-202 4-401

MD jurisdiction could be conferred by advertising in MD or contracting to supply Service may occur outside the state if personal jursidiction is authorized by 6-1 Venue for out-of-staters. If defendant isn't domiciled in MD, suit can be brough AIC in circuit court – over $25k, exclusively in Circuit

7-203(b)

Judicial review of administrative decisions must be filed in 30 days. Filed pursu

7-208

Judicial review of administrative decisions I on the record, and no other materia

2-402(a)

relevant material subject to discovery

3-611

Confessed Judgments only become final 30 days after service, not entry

3-611(f)

criteria for confessed judgments include execution by buyer under retail sale co

2-323(g)

defenses to confessed judgments include fraud, durress and can be plead

4-402(e) 1.2(d) 9-304 5-401 4-402 1.8(i)

jury trial available in district court for confessed judgment; unclear as to time; pr Can't really help a client hide assets, and even if you could, it would be discove service on non-resident not good if non-resident is in state just for testimony. 2 concurrent jurisdiction of Dct and cir between 2.5k and 25k and 4-402 jury trial available in Cir. If claim exceed 10k. Spouse conflicts. Probably not too much of a problem if spouses are not direct General denials possible – general denials are possible, even if a party just wa General denials possible – general denials are possible, even if a party just wa

3.1 2-323(d)

Can quash based on this. See CJP 5-609

Jul 01 Jul 01 Jul 01 Jul 01 Jul 01 Jul 01 Jul 01 Jul 01 07/00 07/00 07/00 07/00 07/00 07/00 07/00 07/00 07/00 07/00 07/00 07/00 07/00 07/00 07/00 07/00 07/00 07/00 07/00 02/99 02/99 02/99 02/99 02/99 02/99 02/99 02/99 02/99

RPC MD Rules MD Rules CJ CJ CJ CJ CJ MD Rules CJP CJP CJP MD Rules MD Rules MD Rules CJP CJP CJP MD Rules MD Rules MD Rules MD Rules RPC RPC RPC RPC MD Rules MD Rules MD Rules MD Rules MD Rules MRE MRE MD Rules MD Rules MD Rules

2-402(c)

5.2

subordinate lawyer liability – R. 5.2 Interrogatories work product – a list of all witnesses is probably protected by wo

2-402

interogatories can only include prior-produced statements 2.402(d)

10-303(a)(2) 10-304(d) 2-633 2-645(d) 2-604(b) 2-305

breath tests – must be collected within 2 hours of being stopped breath tests – must be done by qualified technician, not trooper, and can never account Priv. Can piece with affidavit or proof of concealment see CJP 9-110(b Garnishment – 2-645. Serve on officer under 2-124(c). can use interogratoies Post-judgment interest 11-107(a) is at 10%/year from date judgment is entered Well-pleaded complaint rule on punitives. Must ask specifically for them. Scott

5-402 3-1301(c) 5-402 2-121(a)(2)

affirmative defenses includes privs shopkeeper's priv and 5-402 shopkeeper's priv and 3-1301(c) – must be mercahnt, with mercantile establish personal service, can be at abode upon peson of age and discretion

2-321(b)(1)

out of state service gives 60 days to file answer

2-501

Summary judgment can be sought at any time prior to trial

5-605 6-103 5-501 2-236(b)

Police immunity, but there must be a finding of reasonableness Jurisdiction over foreigners that have contact w/ the state General SOL is 3 years. 180 days for notice of claim. Longer for debts, and p after a notice of intent to defend and a jury trial demand, upon being transferred

2-613

default for failure to file answer is 2-613

2-252(a)

motions to suppress are mandatory , failing to file is waiver.

2-252(c)

motions to transfer to juvinile court are mandatory. Failing to fileis wiaver

1.2(d) 3.3(a) 1.8(f) 11-111(c)

prohibited from telling someone to testify falsely; , and can't let him 3.3 – but do prohibited from telling someone to testify falsely; , and can't let him 3.3 – but do fees paid by another – okay, so long as the client consents, there is no intefere fees paid by another – okay, so long as the client consents, there is no intefere exceptions to master's report – due five days -- de novo hearing is held

2-322

Motion to dismiss – failure to join

3-405

Declaratory judgments questioning validity of statue need to include local gove

2-201

Joinder – ordering

4.2(a)

ex parte conduct prohibition

803(b)(17) 803(b)(8) 4-243

learned treatises -- read into record, but not exhibits government publications hearsay exception – must be some indication of legal judges not bound to accept plea agreements, unless they are

4-271

speedy trial rule – 180 days after counsel appeared or defendant appeared bef

4-252(b)

criminal motions – 30 days to make motion for severance

1.6

02/99 02/99 02/99 02/99 02/99 02/99 02/99 02/99 02/99 02/99 02/99 02/99 02/99 02/99 02/99 02/08 02/08 02/08 02/08 02/08 02/08 02/08 02/08 02/08 02/08 02/08 02/07 02/07 02/07 02/07 02/07 02/07 02/07 02/07 02/07 02/07

MD Rules MD Rules MD Rules MD Rules MD Rules RPC MD Rules MD Rules MD Rules MD Rules MD Rules MD Rules MD Rules MD Rules MRE MD Rules MD Rules CJP CJP CJP CJP CJP CJP RPC MD Rules RPC MRE MRE

4-248

Stets – only the state's attorney can move to have the case stetted

8-301

Circuit court appeals 8-301 and 8-202

4-342(f)

Sentencing – defendant may allocute and present mitigating evidence

3-361

change of judge – acceptable, if the judge thinks they can do it

8-202

appeal from Distict Court – NOA in 30 days

MRE RPC RPC RPC CJP CJP CJP MD Rules

803(b)(6) 1.5(a) 1.5(c) 1.15(c) 6-201 2-601(a) 2-322 2-403(a)

9-202

3.5

only specific intent to influence a jury is forbidden service in divorces – as normal – and 2-123 provides that it can't be by a party

2-403

objections to depositions require certificate

2-411

Deposition must be on or after the date a pleading is due

2-413(b)

Depositions must be in county where deponent resides or does business

2-541(d)

domestic relations matters referrals – 2-541(b) refers to 9-207(a)(1)

9-207(f)

review of master's decision 9-207(d)

9-207

exceptions hearing procedure 1) file motion in 5 days under 9-207(c); 2) transs

5-613

prior inconsent statements – can't be about collateral matters – 5-613 – must b

5-802.1 4-101

prior witness statement; present sense impression; past recollection recorded Police officers can only charge for some things via citation (theft under, disturbi

4-103

preliminary hearings in criminal matters – request must be made withing 10 day

3-304 5-105 5-501 10-101 5-613 5-608 3.3(a) 2-652(a)

Notice of claim against the government must be filed w/in 180 days of event. -statute of limitations on assault claims one year statute of limitations on defamation – one year Wiretap evidence simply illegal. 10-405 – as are testimony about them. CJP 1 impeachment by prior recorded statement – can be impeached by statement, b prior bad acts – exception to 5-404 – must be some establishment of factual ba Candor issues: can inform court ex parte of specifically false testimony in colla turning over file. Lawyers maintain a “common law lien over client's file. But, if

1.5(c) 5-706 5-613

Contingency fee agreements must be in writing. But lawyers CAN be entitled t impeachment of own witness now allowed and abrogated prior inconsent statements – can't be about collateral matters – 5-613 – must b whom the statement was made must be disclosed. Essentially can't introduce cop reports: usually not business records, nor are they government reports. Ch reasonableness of fees –lawyers stake should never exceed client's contingency fee agreements must be in writing. But lawyers CAN be entitled to IOLTA – default rule is that money is placed in trust account, unless client gives if multiple defendants, venue is where any of them engage in a regular busines if multiple defendants, venue is where any of them engage in a regular busines if multiple defendants, venue is where any of them engage in a regular busines protective orders – must file certificate uder 2-431

02/07 02/07 02/07 02/07 02/07 02/07 02/07 02/06 02/06 02/06 02/06 02/06 02/06 02/06 02/06 02/06 02/06 02/06 02/06 02/06 02/06 02/06 02/06 02/06 02/06 02/06 02/06 02/06 02/06 02/06 02/06 02/06 02/05

MD Rules CJP CJP CJP MD Rules RPC CJP MD Rules MD Rules MD Rules CJP MD Rules MD Rules MD Rules MD Rules MD Rules MD Rules CJP CJP RPC RPC RPC RPC MD Rules MD Rules MD Rules MD Rules MD Rules MD Rules MD Rules MD Rules MD Rules MD Rules

9-109(b),(d)

psychaitrist priv. Can be waived if mental state an issue. But fairly broad

9-105 12-301 12-303 2-602(b)

spousal priv... applies in criminal case only – this doesn't render one spouse inc summary judgment appeals – summary judgment as to some parties, but not a interlocutory appeal rules partial summary judgment. The court can and must enter partial summary judg

1.5(a) 16-604 2-412(c)

Commingling prohibited.. see also MD Rules 16-603 (trust accounts), 16-604 (f trust account 16-603 Depositions and productions of documents. Unless specific subpoena, docume

2-412(c)

Production of documents

5-612

impeachment and refreshment of memory – documetns then can be inspected

9-107 2-241

work product and atty-client priv – dovetails with 2-402(e) – work product can b formal requests for production – see also 2-432(b)(e)

2-402(a), ©

discovery of expert materials – must either be expert report, or material used to

2-415

inspection of things produced by deponents

4-311(b)(2)

Jury trial prayers – when the case goes to Circuit Court, District Court pretrial p

4-252(d)

motions challenging jurisdiction are never mandatory and can be made at any t

4-252(d)

Jurisdiction/criminal by state. Cime must be in MD, or intent must exist to do cr

6-103(4) 5-115(b)

16-109

jurisdiction over corporations. refiling after dismissal in other state but only w/ product liability cases– have 30 Misleading ads – can't create expectations ads require the name of one lawyer responsible for ads ads that talk about “no fee” require disclosure of who covers expenses Anti-ambulance chasing rule uses of trust fund – can't use funds to pay other clients, or write checks to bear

6-103

Agents – agents are subject to service in the same way that principals are

6-103

service issues

3-431

depositions of non-parties in District Court

3-431

district court interrogatories – if served w/ coplaint, due 15 days after service, o

12-601

Replevin – District Court has exclusive jurisdiction – 6-202(iv) (venue) and 6-20

4-401(i)

AIC in circuit court – over $25k, exclusively in Circuit – if above the clerk must f

5-404(b)

MIMIC rule

5-802.1

prompt complains of sexual assault 5-802.1(d) and or consistant statemnt (b)

2-231(a)

class actions – in circuit ct. -- CJP 4-402 permits aggregation of claims in class

7.1 7.2 7.2 7.3

02/05 02/05 02/05 02/04 02/04 02/04 02/04 02/04 02/04 02/04 02/04 02/04 02/04 02/04 02/04 02/04 02/04 02/04 02/04 02/04 02/04 02/04 03/05 03/05 03/05 03/05 03/05 03/05 03/05 03/05 03/05 03/05 03/05

CJP CJP MD Rules MD Rules MD Rules CJ MD Rules CJ MD Rules MD Rules CJ CJ MD Rules MD Rules MD Rules RPC RPC CJP CJP CJP MD Rules MD Rules MD Rules MD Rules CJP MD Rules MD Rules MD Rules CJ MD Rules MD Rules MD Rules MD Rules

4-402(d) 10-104 3-510

AIC – if over 5k w/o interest and fees, can file in either court – so concurrent jur Medical records in District Court 10-104, 10-105 see 3-510 -- allows authentica Medical records in District Court 10-104, 10-105 see 3-510

3-121(f)

substitute service for nail and mail – can still be proper service if return not time

3-126(g)

still proper service if return not timely filed

401(l) 3-325(c)

Under 10k, District Court has exclusive jurisdiction jury trial prayer demand striking – can be done by District Court before record f

4-402(e) 3-421

jury trial threshold protective orders – must file certificate uder 2-431 – can be based on timing, bu

5-802

Newspaper example (relevance, hearsay, authentication under 5-902(b))

12-401 11-106 3-632(b)

appeals to circuit court on district court record 7-101, etc. postjudgement max interest rates 11-106, 11-107, 12-401, 7-102 -- 10% execution can commence 10 days after judgment unless alternative security file

2-551

Criminal sentences en banc review of criminal sentences – 4-352 and 2-551

12-308

certification to CSA – see 12-307

1.7 3.3(a) and 1.6 16-601 8.1 12-301 2-124(m)

conflicts of interets can be cured with informed consent Candor issues: can inform court ex parte of specifically false testimony in colla

2-121(a)

service by restricted mail – generally less likely to be reasonably calculated so,

2-322

Motions to dismiss for lack of personal jurisdiction and venue are mandatory an

2-311(d)

Motions to dismiss for lack of personal jurisdiction and venue are mandatory an

10-504 32-327(b)

Notice of foreign law – must give notice separately or as part of pleadings transfers to correct county. See CJ-6-201

2-323(h)

“Attachment on Original Process” -- must show that there is evidence that he is

2-421 12-501 6-111

Interrogatories “ a party may serve one or more sets of Interrogatories having a than thirty Interrogatories to be answered by the same party. But capacity matt Orphans courts. 501 allows appeal to CSA, 502 to Circuit Court Orphans Courts venue

2-412(c)

Foreign depositions and see 2-414

2-432

Interrogatories – compelling – if no answer, there can be immediate sanction an

2-601(a)

judgment date—date of entry of notation of judgment onto docket: 2-601(a), R

reasonableness of fees, 16-607, RPC 1.15 disclosure to bar counsel – and CTA requires cooperation Mechanic's liens service on department of taxation if there is no resident agent

03/05 03/05 03/05 03/05 03/05

CJP CJP CJP

6-401 6-401 5-201

MD Rules

7-207

defamation abates upon death of pl personal representative – generally a PR can carry out a suit and it survives de tolling for disability Wrongful death: 3 years from date of death; brought by spouses, not personal r administrative appeals – generally a memorandum must be filed w/in 30 days,