Md. R. Elec. Prac. in Judi. Proce. 21-102

As amended through November 13, 2024
Rule 21-102 - DEFINITIONS

In this Title, the following definitions apply except as otherwise provided or as necessary implication requires:

(a) Evidentiary Proceeding

"Evidentiary proceeding" means a judicial proceeding at which evidence will be presented.

(b) Judicial Officer

"Judicial officer" means a justice, judge, magistrate, auditor, examiner, or District Court commissioner.

(c) Judicial Proceeding

"Judicial proceeding" means any proceeding over which a judicial officer presides.

(d) Non-Evidentiary Proceeding

"Non-evidentiary proceeding" means a judicial proceeding, including a conference, presided over by a judicial officer, where neither testimony nor documentary or physical evidence will be presented, other than by stipulation by all parties.

Committee note: Consideration of documents attached to a motion or a response to a motion does not, itself, preclude a hearing on the motion from being deemed a "non-evidentiary proceeding."

(e) Participant

"Participant" includes a party, witness, attorney for a party or witness, judicial officer, and any other individual entitled to speak or make a presentation at the proceeding.

(f) Remote Electronic Participation

"Remote electronic participation" means simultaneous participation in a judicial proceeding or conference from a remote location by means of telephone, video conferencing, or other electronic means approved by the court pursuant to the Rules in this Title.

(g) Remote Location

"Remote location" means a place other than the courtroom or other physical location where the presiding judicial officer will be participating.

Committee note: Section (g) of this Rule takes account of the situation in which the presiding judicial officer also will be participating from a place other than the court facility.

(h) Video Conferencing

"Video conferencing" means a method of conducting a proceeding by the use of interactive technology that sends video, voice, and data signals over a transmission circuit so that two or more individuals or groups can communicate with each other simultaneously using video monitors and related audio equipment.

(i) Virtual Jury Trial

"Virtual jury trial" means a jury trial conducted by remote electronic participation.

Md. R. Elec. Prac. in Judi. Proce. 21-102

This Rule is derived in part from former Rule 2-801(2023) and is in part new.

Adopted April 21, 2023, eff. 7/1/2023.