Statutes, codes, and regulations
Maryland Court Rules
Title 15 - Other Special Proceedings
Chapter 300 - Habeas Corpus
Rule 15-307 - Absence of Judge-Return to Another Court or Judge

Md. R. Spec. Proc. 15-307

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As amended through April 5, 2024
Rule 15-307 - Absence of Judge-Return to Another Court or Judge

If the judge designated in the writ is unavailable when the individual confined or restrained is produced, the individual shall be taken before another judge of the same judicial circuit. If the individual is confined or restrained as a result of a sentence for a criminal offense, including a criminal contempt, or as a result of an order in a juvenile proceeding, the individual shall not be taken before a judge who sat at any proceeding as a result of which the individual was confined or restrained unless the individual consents in writing.

Md. R. Spec. Proc. 15-307

This Rule is derived from former Rule Z49.

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Adopted June 5, 1996, eff. 1/1/1997.

HISTORICAL NOTES

Derivation:

Maryland Rule of Procedure Z49, adopted Sept. 15, 1961, eff. Jan. 1, 1962, related to returns to another judge, rescinded June 5, 1996, eff. Jan. 1, 1997.