Md. R. Civ. P. Cir. Ct. 2-541

As amended through November 13, 2024

Rule 2-541 - [Effective until 1/1/2025] Magistrates

(a) Appointment--Compensation.

The appointment and compensation of standing and special magistrates shall be governed by Rule 16-807.

(b) Referral of Cases.

(1) Domestic Relations Matters

Referral of domestic relations matters to a magistrate shall be in accordance with Rule 9-208 and shall proceed only in accordance with that Rule.

(2) Other Matters

On motion of any party or on its own initiative, the court, by order, may refer to a magistrate any other matter or issue not triable of right before a jury.

(c) Powers. Subject to the provisions of any order of reference, a magistrate has the power to regulate all proceedings in the hearing, including the powers to:

(1) Direct the issuance of a subpoena to compel the attendance of witnesses and the production of documents or other tangible things;

(2) Administer oaths to witnesses;

(3) Rule upon the admissibility of evidence;

(4) Examine witnesses;

(5) Convene, continue, and adjourn the hearing, as required;

(6) Recommend contempt proceedings or other sanctions to the court; and

(7) Recommend findings of fact and conclusions of law.

(d) Hearing.

(1)Notice. The magistrate shall fix the time and place for the hearing and shall send written notice to all parties.

(2)Attendance of Witnesses. A party may procure by subpoena the attendance of witnesses and the production of documents or other tangible things at the hearing.

(3)Record. All proceedings before a magistrate shall be recorded either stenographically or by an electronic recording device, unless the making of a record is waived in writing by all parties. A waiver of the making of a record is also a waiver of the right to file any exceptions that would require review of the record for their determination.

(e)Recommendations and Report.

(1)Notification of Recommendations The magistrate shall notify each party of the recommendations and contents of the proposed order, either (A) on the record at the conclusion of the hearing or (B) thereafter in writing filed with the clerk, who shall serve the recommendations and proposed order on each party as provided by Rule 20-205 in MDEC counties or Rule 1-321 in Baltimore City until it becomes an MDEC county. The clerk shall make a docket entry notation of the date and method of the notification.

Committee note: Rule 20-205 (c) requires that the clerk in a MDEC county serve certain individuals, including persons entitled to service who are not registered users of MDEC, in the manner set forth in Rule 1-321.

(2) Notice of Intent to File Exceptions

Within five days from notice of the recommendations pursuant to subsection (e)(1) of this Rule, a party intending to file exceptions shall file a notice of intent to do so with the clerk. The clerk promptly shall notify the magistrate of the filing and make a docket entry of the date and method of the notification. The failure to file a timely notice of intent to file exceptions is a waiver of the right to file exceptions.

(3) Filing of Report

Only the recommendations in the form of a proposed order or judgment need be filed unless the court has directed the magistrate to file a report or if a notice of intent to file exceptions is filed. If the court directed that a report be filed, the magistrate shall file a written report with the recommendations. If a notice of intent to file exceptions is filed, the report shall be filed within 30 days after the notice of intent to file exceptions is filed or within such other time as the court directs.

(4)Contents of Report. Unless otherwise ordered, the report shall include findings of fact and conclusions of law and a recommendations in the form of a proposed order or judgment, and shall be accompanied by the original exhibits. A transcript of the proceedings before the magistrate need not be prepared prior to the report unless the magistrate directs, but, if prepared, shall be filed with the report.

(5)Service of Report Unless service has been made in open court pursuant to subsection (e)(1) of this Rule, the clerk shall serve a copy of any written report, together with the recommendations in the form of a proposed order or judgment, on each party as provided by Rule 20-205 in MDEC counties or Rule 1-321 in Baltimore City until it becomes an MDEC county.

(f) Exceptions.

(1)How Taken. Within ten days after the filing of the magistrate's written report, a party may file exceptions with the clerk. Within that period or within three days after service of the first exceptions, whichever is later, any other party may file exceptions. Exceptions shall be in writing and shall set forth the asserted error with particularity. Any matter not specifically set forth in the exceptions is waived unless the court finds that justice requires otherwise.

(2)Transcript. Unless a transcript has already been filed, a party who has filed exceptions shall cause to be prepared and transmitted to the court a transcript of so much of the testimony as is necessary to rule on the exceptions. The transcript shall be ordered at the time the exceptions are filed, and the transcript shall be filed within 30 days thereafter or within such longer time, not exceeding 60 days after the exceptions are filed, as the magistrate may allow. The court may further extend the time for the filing of the transcript for good cause shown. The excepting party shall serve a copy of the transcript on the other party. Instead of a transcript, the parties may agree to a statement of facts or the court by order may accept an electronic recording of the proceedings as the transcript. The court may dismiss the exceptions of a party who has not complied with this section.

(g) Hearing on Exceptions. The court may decide exceptions without a hearing, unless a hearing is requested with the exceptions or by an opposing party within five days after service of the exceptions. The exceptions shall be decided on the evidence presented to the magistrate unless:

(1) the excepting party sets forth with particularity the additional evidence to be offered and the reasons why the evidence was not offered before the magistrate, and

(2) the court determines that the additional evidence should be considered. If additional evidence is to be considered, the court may remand the matter to the magistrate to hear the additional evidence and to make appropriate findings or conclusions, or the court may hear and consider the additional evidence or conduct a de novo hearing.

(h) Entry of Order or Judgment

(1) When Notice of Intent to File Exceptions Filed

If a notice of intent to file exceptions was timely filed, the court shall not enter an order or judgment until the expiration of the time for filing exceptions, and, if exceptions are timely filed, until the court rules on the exceptions.

(2) When No Timely Notice of Intent to File Exceptions or Exceptions Filed

If no notice of intent to file exceptions was timely filed, or if no exceptions were timely filed after the filing of a notice of intent to file exceptions, the court may enter an appropriate order or judgment.

Md. R. Civ. P. Cir. Ct. 2-541

This Rule is derived as follows:

Section (a) is new.

Section (b) is derived in part from former Rule 596 c.

Section (c) is derived in part from former Rule 596 d.

Subsections (6) and (7) are new but are consistent with former Rule 596 f 1 and g 2.

Section (d) is in part new and in part derived from former Rule 596 e.

Section (e) is in part new and in part derived from former Rule 596 f.

Section (f) is derived from former Rule 596 h 1, 2, 3, 4 and 7 except that subsection 3(b) of section h of the former Rule is replaced.

Section (g) is derived from former Rule 596 h 5 and 6.

Section (h) is new.

Adopted April 16, 1984, eff. 7/1/1984. Amended May 2, 1986, eff. 7/1/1986; 11/23/1988, eff. 1/1/1989; 6/28/1990, eff. 7/1/1990; 6/4/1991, eff. 7/1/1991; 6/5/1996, eff. 1/1/1997; 6/6/2000, eff. 10/1/2000; 3/5/2001, eff. 7/1/2001; 11/12/2003, eff. 1/1/2004; 9/17/2015, eff. 1/1/2016; 10/10/2018, eff. 1/1/2019; amended Nov. 28, 2023, eff. 1/1/2024.

HISTORICAL NOTES

2000 Orders

The June 6, 2000, order, in subsec. (b)(1), deleted "as of course following "master and inserted "and shall proceed in accordance with that rule following "Rule 9-207; in subsec. (c)(7), substituted "Recommend for "Make; deleted former section (e) pertaining to further proceedings; renumbered the subsequent provisions accordingly; and amended the source note.

The Court of Appeals issued three rules orders on June 6, 2000. One order, effective July 1, 2000, and January 1, 2001, amended Rules 16-803 through 16-810 and Bar Rule 17. Another order, effective October 1, 2000, amended Rules 1-325, 2-541, 9-207, 15-206, and 16-814. The third order did not amend any rules.

2001 Orders

The March 5, 2001, order, in subsec. (b)(1), substituted "Rule 9-208 for "Rule 9-207.

2003 Orders

The November 12, 2003, order, in subsec. (b)(1), substituted "shall proceed only for "shall proceed.

2015 Orders

The September 17, 2015, order, changed the term "master to "magistrate and deleted the second sentence of subsection (a)(1).

2018 Orders

The October 10, 2018 order deleted provisions relating to the appointment, compensation, fees, and costs of magistrates that have been transferred to Rule 16-807.