Rule 16-808 - Appointment, Compensation, Duties of Examiners(a)Standing Examiners(1)Appointment; Compensation. A majority of the judges of the circuit court of a county may appoint full-time and part-time standing examiners. The compensation of an examiner who is an employee of the court shall be as determined in the appropriate budget and may not be assessed as costs against a party to an action. Otherwise, the court shall prescribe the compensation, fees, and costs of the examiner and may assess them among the parties. Cross reference: See Code, Courts Article, § 2-501(b)(1) requiring that each employee of a circuit court, including examiners, is entitled to compensation "as provided in the appropriate budget.
(2)Duties. The duties of a standing examiner shall be as set forth in the Maryland Rules or by other State law. Cross reference: See Rule 2-542.
Committee note: Examiners have authority only over matters properly referred to them by the court. Their function is solely to take testimony and report that testimony to the court. Unlike magistrates, they do not make proposed findings of fact or conclusions of law and do not recommend a disposition of the matter referred. See Nnoli v. Nnoli, 101 Md. App. 243, 261, n.5 (1994)
(b) Special Examiners(1)Appointment; Compensation. The circuit court of a county may appoint a special examiner to take testimony in a particular action. Unless the compensation of a special examiner is paid with public funds, the court (A) shall prescribe the compensation of the special examiner, (B) may tax the compensation as costs, and (C) may assess the costs among the parties.(2)Powers and Duties. The order of appointment of a special examiner shall specify the powers and duties of the special examiner and may contain special directions. Those powers, duties, and directions shall be consistent with and limited to the traditional role of examiners. Cross reference: See the Committee note to subsection (a)(2) of this Rule.
(c) Officer of the Court; Tenure. An examiner is an officer of the court in which the referred action is pending and serves at the pleasure of the court.(d) Transcript. The cost of any transcript required to be prepared in connection with the referral of a matter to an examiner may be included in the costs of the action and assessed among the parties as the court may direct. This Rule is derived in part from the 2018 version of Rule 2-542(a) and (i) and is in part new.
Adopted Oct. 10, 2018, eff. 1/1/2019.