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Civil - Clerk Advice files

DATE

DESCRIPTION

07/16/1990
File Size: 222KB

Civil – Adoptions – Clerk to report all adoption decrees to Division of Vital Records, but is not authorized or required to forward adoption decrees to another state or foreign country (adoptive parents or their attorney is to obtain an appropriately authenticated copy and take it to the foreign jurisdiction)

01/31/1994
File Size: 119KB

Civil – Adoptions – private international law only applies to the extent provided by a state or federal statute or rule

06/27/2000
File Size: 158KB

Civil – Appearance Fees – attorney's appearance not to be docketed until appearance fee paid, but papers otherwise to be accepted for filing and docketed

08/06/1996
File Size: 41KB

Civil – Certiorari – procedures for handling a petition to the circuit court for a writ of certiorari

07/18/1994
File Size: 114KB

Civil – Child Support – procedures in connection with an immediate earnings withholding order

10/22/1991
File Size: 636KB

Civil – Clerk cannot provide forms or sample pleadings (except those forms established by statute or rule), because doing so would be the unauthorized practice of law by the Clerk

06/02/1988
File Size: 371KB

Civil – Dismissal – Clerk must send all parties notice of dismissal even when entering dismissal pursuant to an earlier order deferring dismissal for a set period

02/25/1991
File Size: 190KB

Civil – Fees – appeal fees

06/30/1995
File Size: 70KB

Civil – Fees – appearance fees are to be included in costs assessed pursuant to Rule 2-603

05/20/1988
File Size: 118KB

Civil – Fees – county is exempt from paying fee for depositing funds in a quick-take condemnation proceeding

08/14/2002
File Size: 617KB

Civil – Fees – dismissal fee applicable to voluntary dismissal as to one of multiple defendants

10/13/1994
File Size: 174KB

Civil – Fees – fee should be charged on a request for a writ of possession, not on a motion for judgment awarding possession

10/31/1994
File Size: 494KB

Civil – Fees – no additional fee in the Circuit Court for filing a notice of release of a District Court lien

09/21/2004
File Size: 225KB

Civil – Fees – pleading to be accepted, filed, and date-stamped upon receipt, but not docketed until filing fee paid or ordered waived

10/13/1994
File Size: 174KB

Civil – Fees – prepayment of fees not required in a domestic violence action

02/15/1995
File Size: 177KB

Civil – Fees – procedures in connection with a request for waiver of prepayment of filing fees

11/20/1991
File Size: 177KB

Civil – Fees – request for waiver of prepayment of fees

03/26/1992
File Size: 177KB

Civil – Fees – Sheriff's fees must be made by separate check payable to sheriff, rather than commingled with payment of Clerk's fees

10/20/1994
File Size: 40KB

Civil – Fees – trust clerk's review of fiduciary account

10/13/1992
File Size: 71KB

Civil – Filing – although discovery materials are not to be filed alone, they may be filed as exhibits to motions and other papers

03/10/1992
File Size: 392KB

Civil – Filing – Clerk must accept for filing a paper that has a "certificate of service" that identifies a method of service and a date, even if it is otherwise obviously defective

06/13/1991
File Size: 100KB

Civil – Filing – combined complaint and affidavit for confessed judgment

07/05/1991
File Size: 61KB

Civil – Filing – effective 07/01/1991, notice of discovery materials to be filed, rather than discovery materials themselves

07/07/1992
File Size: 66KB

Civil – Filing – new complaint to be filed under separate case number unless filed after the court has granted a motion to intervene

06/30/1997
File Size: 175KB

Civil – Filing Papers – reasons for returning papers submitted for filing

02/18/2000
File Size: 591KB

Civil – Foreclosures – HUD Notice of Foreclosure Sale not recordable in Land Records, but rather to be filed in civil docket as a notice of lis pendens

11/05/2001
File Size: 190KB

Civil – Foreclosures – use of computer-generated Clerk's exceptions certification should be discontinued or limited

12/01/1992
File Size: 571KB

Civil – Foreign Judgments – automatic stay applies to enforcement of foreign judgments (SUPERSEDES 10/28/1988)

10/25/1990
File Size: 135KB

Civil – Foreign Judgments – certified copy of foreign judgment filed in one county may be filed in another county in lieu of the original foreign judgment

07/16/1990
File Size: 222KB

Civil – Foreign Judgments – foreign attorney may sign required affidavit and file foreign judgment, but must be admitted pro hac vice or have a Maryland attorney take over in order to take enforcement actions

07/14/1992
File Size: 86KB

Civil – Foreign Judgments – photocopy of a certified foreign judgment is acceptable for filing pursuant to Rule 1-322(b)

11/13/1998
File Size: 708KB

Civil – Foreign Judgments – registration of foreign child support or income withholding order

03/03/2006
File Size: 162KB

Civil – Foreign Judgments - Recognition of non-U.S. foreign judgement

07/31/1995
File Size: 497KB

Civil – Funds In Custodia Legis – funds in custodia legis are not subject to IRS attachment and may only be disbursed by Clerk pursuant to a court order in accordance with Rule 16-303

09/20/1995
File Size: 126KB

Civil – Funds In Custodia Legis – certain funds are deemed abandoned 5 years after deposit in court

12/10/2001
File Size: 345KB

Civil – Garnishments – requirements for valid writs of garnishment

12/13/1989
File Size: 508KB

Civil – Judgments – attorneys fees to be included in amount of confessed judgment if included in affidavit in support of confessed judgment

03/10/1992
File Size: 50KB

Civil – Judgments – date of entry of judgment is the date it is entered on docket, rather than date signed by judge or stamped as received by clerk

04/30/2003
File Size: 305KB

Civil – Judgments – entry of judgment under Rule 2-601

06/14/1994
File Size: 230KB

Civil – Judgments – lienholder not entitled to entry of a judgment pursuant to statutory provision authorizing private sale of personal property subject to lien

06/19/1997
File Size: 143KB

Civil – Judgments – procedures and forms for entering a judgment on a separate document as required by Rule 2-601

06/30/1997
File Size: 216KB

Civil – Judgments – procedures for indicating date of entry when providing a certified or authenticated copy of a judgment

10/25/1990
File Size: 135KB

Civil – Judgments – renewal of judgment usually must have a certificate of service for the Clerk to accept it for filing

11/13/1998
File Size: 708KB

Civil – Judgments – unless a party or attorney in the case, a person may not obtain a copy of any judgment until the time for appeal expires or, if an appeal is noted, the appeal is dismissed or adjudicated

07/19/1994
File Size: 187KB

Civil – Judicial Review of Agency Action – costs, including filing fees, cannot be assessed against an unsuccessful unemployment benefits claimant

05/05/1998
File Size: 252KB

Civil – Judicial Review of Agency Action – proper procedures for notifying agency of filing of petition for judicial review

10/05/1995
File Size: 273KB

Civil – Judicial Review of Agency Action – Clerk's duties

01/13/1995
File Size: 64KB

Civil – Judicial Review of Agency Action – record of agency proceeding does not have to be returned to agency if agency has notified the Clerk in writing that the record provided is a copy and does not need to be returned

03/23/1999
File Size: 172KB

Civil – Liens – a notice of child support lien from another state must be sent to the central Child Support Enforcement Administration, which will then provide the lien to the applicable office(s) on Maryland's standard form in accordance with Maryland's standard procedures

04/05/1989
File Size: 53KB

Civil – Liens – civil department should notify land records department whenever a notice of foreclosure is filed with respect to an indemnity deed of trust (IDOT)

08/14/2002
File Size: 617KB

Civil – Liens – lien cannot attach to funds in custodia legis, and Clerk may disburse funds in custodia legis only in accordance with Rule 16-303

05/15/2000
File Size: 155KB

Civil – Liens – name of defendant must be properly indexed for judgment lien to provide effective constructive notice

08/26/1987
File Size: 312KB

Civil – Liens – out-of-state hospital may file hospital lien in the hospital lien docket

10/05/2000
File Size: 1,150KB

Civil – Liens – procedures upon satisfaction, modification, or vacation of judgment lien in accordance with Rules 2-622 & 2-623

11/13/2001
File Size: 177KB

Civil – Liens – Rule 2-632(b) 10-day automatic stay does not apply to notices of child support liens filed as civil judgments in accordance with Fam. Law §§10-141 & 10-143

11/13/1998
File Size: 708KB

Civil – Name Change – form of notice to be issued by Clerk for publication in newspaper

08/14/1987
File Size: 366KB

Civil – Name Change – review of applicable law

07/26/1996
File Size: 132KB

Civil – notices generally should be sent to the assistant attorney general of record, not to the Attorney General

07/29/2003
File Size: 61KB

Civil – Paternity – copy of final judgment order sent to Office of Vital Records, but parties responsible for payment of $12 fee to obtain a revised birth certificate

06/14/1994
File Size: 230KB

Civil – Paternity – form for reporting adjudication of paternity to Division of Vital Records

05/01/1996
File Size: 167KB

Civil – Paternity – reporting adjudication of paternity to Division of Vital Records

08/20/1998
File Size: 54KB

Civil – Subpoenas – only a party or an attorney for a party may request a subpoena

01/03/1992
File Size: 187KB

Civil – Subpoenas – subpoena from another state

11/13/1998
File Size: 708KB

Civil – Subpoenas – subpoena should only be used to compel production of documents in direct connection with a court proceeding or deposition

 
 

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