Md. Gen. Provi. 1-332

As amended through October 15, 2024

Rule 1-332 - Accommodation Under the Americans with Disabilities Act

(a)Definitions. In this Rule, the following definitions apply except as otherwise expressly provided or as necessary implication requires:

(1)ADA. ADA means the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq.

(2)Victim. Victim includes a victim's representative as defined in Code, Criminal Procedure Article, § 11-104.

(b) Accommodation Under the ADA.

(1)Notification of Need for Accommodation. A person requesting an accommodation under the ADA, for an attorney, a party, a witness, a victim, a juror, or a prospective juror shall notify the court promptly. To the extent practicable, a request for an accommodation shall be (1) presented on a form approved by administrative order of the Supreme Court and available from the clerk of the court and on the Judiciary website and (2) submitted not less than 30 days before the proceeding for which the accommodation is requested.

(2)Sign Language Interpreter. The court shall determine whether a sign language interpreter is needed in accordance with the requirements of the ADA; Code, Courts Article, § 9-114; and Code, Criminal Procedure Article, §§ 1-202 and 3-103.

(3)Provision of Accommodation. The court shall provide an accommodation if one is required under the ADA. If the accommodation is the provision of a sign language interpreter, the court shall appoint one in accordance with Rule 1-333(c).

Md. Gen. Provi. 1-332

This Rule is new.

Adopted June 7, 1994, eff. 10/1/1994. Amended April 5, 2005, eff. 7/1/2005; 9/10/2009, eff. 10/1/2009; 3/2/2015, eff. 7/1/2015;amended April 21, 2023, eff. 4/1/2023.

HISTORICAL NOTES

2005 Orders

The April 5, 2005, order rewrote this rule, which previously read:

"If an attorney, a party represented by an attorney, or a witness to be called on behalf of that party will need the court to provide an accommodation under the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq., in order to participate in a court proceeding, the attorney shall notify the court promptly by providing the information contained on the form in the appendix to these Rules.

The April 5, 2005, order also deleted the cross reference and the committee note.

2009 Orders

The September 10, 2009, order substituted "30 days for "five days.

2015 Orders

The March 2, 2015, order added definitions of "ADA and "victim; added language pertaining to providing an accommodation under the ADA for victims, jurors, and prospective jurors; added a reference to the Judiciary website; added a new subsection (b)(2) that transfers certain provisions pertaining to sign language interpreters from Rule 16-819; expressly states the requirement that the court provide an accommodation under the ADA; and added a reference to Rule 1-333(c) concerning the appointment of a sign language interpreter.