Rule 16-306 - Special Inactive Pretrial Docket for Asbestos Actions(a)Definition. In this Rule: (1)Asbestos action"Asbestos action means an action seeking money damages for personal injury or death allegedly caused by exposure to asbestos or products containing asbestos. It does not include an action seeking principally equitable relief or seeking principally damages for injury to property or for removal of asbestos or products containing asbestos from property.
(2)SIPD"SIPD means the special inactive pretrial docket established pursuant to this Rule.
(b) Special Inactive Pretrial Docket. The Administrative Judge of the Circuit Court for Baltimore City may establish and maintain a special inactive pretrial docket (SIPD) for asbestos actions filed in or transferred to that court. The order: (1) shall specify the criteria and procedures for placement of an asbestos action on the SIPD and for removal of such an action from that docket;(2) may permit an asbestos action meeting the criteria for placement on the SIPD to be placed on that docket at any time prior to trial; and(3) with respect to any action placed on the SIPD, may stay the time for filing responses to the complaint, discovery, and other proceedings until the action is removed from the docket.(c) Transfer of Actions from Other Counties.(1) The Circuit Administrative Judge for any other judicial circuit, by order, may: (A) adopt the criteria established in an order entered by the Administrative Judge of the Circuit Court for Baltimore City pursuant to section (b) of this Rule for placement of an asbestos action on the SIPD for asbestos actions;(B) provide for the transfer to the Circuit Court for Baltimore City, for placement on the SIPD, of any asbestos action filed in a circuit court in that other circuit for which venue would lie in Baltimore City; and(C) establish procedures for the prompt disposition in the circuit court where the action was filed of any dispute as to whether venue would lie in Baltimore City.(2) If an action is transferred pursuant to this Rule, the clerk of the circuit court where the action was filed shall transmit the record to the clerk of the Circuit Court for Baltimore City, and, except as provided in subsection (c)(3) of this Rule, the action shall thereafter proceed as if initially filed in the Circuit Court for Baltimore City.(3) Upon removal of an action from the SIPD, the Administrative Judge of the Circuit Court for Baltimore City, with the concurrence of the County Administrative Judge of the circuit court in which the action originally was filed, may re-transfer the action to the circuit court in which it was originally filed and all further proceedings shall take place in that court.(d) Exemption from Rule 2-507. Any action placed on the SIPD pursuant to this Rule shall not be subject to Rule 2-507 until the action is removed from that docket.(e) Effect on Rule 2-327(d). To the extent of any inconsistency with Rule 2-327(d), this Rule shall prevail. Committee note: Section (e) of this Rule does not preclude a transfer under Rule 2-327 upon re-transfer of an action under subsection (c)(3) of this Rule.
(f) Applicability of Rule. This Rule shall apply only to actions filed on or after December 8, 1992. This Rule is derived from former Rule 16-203(2016).
Adopted June 6, 2016, eff. 7/1/2016. Amended April 9, 2018, eff. 7/1/2018.HISTORICAL NOTES
2018 Orders
The April 9, 2018 order, renamed the special docket for asbestos cases to the special inactive pretrial docket for asbestos actions (SIPD); substituted the word action for the word "case throughout, including plurals; revised in section (c)(3) the process for re-transferring an action to the court in which it was originally filed after the actionæTs removal from the SIPD; and made stylistic changes in the Committee note following section (e).