Rule 6-464 - Striking of Notice of Appeal by Orphans Court(a)Generally. On motion or on its own initiative, the orphans' court may strike a notice of appeal (1) that has not been filed within the time prescribed by Rule 6-463,(2) if the Register of Wills has prepared the record pursuant to Code, Courts Article, §§ 12-501 and 12-502 and the appellant has failed to pay for the record, (3) if the appellant has failed to deposit with the Register of Wills the filing fee required by Code, Estates and Trusts Article, § 2-206, unless the fee has been waived by an order of court, (4) the appeal has been taken to the Appellate Court and the appellant has failed to deposit with the Register of Wills the transcript costs, or (5) if by reason of any other neglect on the part of the appellant the record has not been transmitted to the court to which the appeal has been taken within the time prescribed in Code, Courts Article, § 12-502.(b)Notice. Before the orphans' court strikes a notice of appeal on its own initiative, the Register of Wills shall serve on all interested persons pursuant to Rule 6-125 a notice that an order striking the notice of appeal will be entered unless a response is filed within 15 days after service showing good cause why the notice of appeal should not be stricken. Md. R. Estate Settlem. 6-464
Adopted Nov. 12, 2003, eff. 1/1/2004. Amended Dec. 4, 2007, eff. 1/1/2008; 12/4/2018, eff. 1/1/2019; amended April 21, 2023, eff. 4/1/2023.HISTORICAL NOTES
2007 Orders
The December 4, 2007, order, in subsec. (a)(3), deleted ''transcript costs or''; added a new subsec. (a)(4); and renumbered the old subsec. (a)(4) to be (a)(5).
2018 Orders
The December 4, 2018 order added a reference to the Register of Wills in subsection (a)(3).