Md. R. Spec. Proc. 15-1305

As amended through November 13, 2024

Rule 15-1305 - Hearing

(a) Generally.

(1) The court may not act on a petition under this Chapter without holding a hearing.

(2) The petitioner shall have the burden of producing sufficient credible evidence to permit the court to make the findings required under Rule 15-1307.

(3) The payee or the payee's guardian shall testify at the hearing.

(b) Personal Attendance. Personal attendance at the hearing is required by:

(1) the payee, unless, for good cause, the court excuses the payee's personal attendance;

(2) if a person serves as a (A) guardian of the person of the payee, (B) guardian of the property of the payee, or (C) representative payee of the payee, each such person;

(3) the independent professional advisor; and

(4) the petitioner or an officer or employee of the petitioner authorized to testify on behalf of the petitioner in the proceeding.

Committee note: Section (b) of this Rule is not intended to preclude the court from exercising its discretion under Title 21 of these Rules to permit testimony of a witness by remote electronic participation. The court should be mindful, however, that the petitioner bears the burden of providing sufficient evidence to permit the court to make the findings required under Rule 15-1307 and consider whether taking the testimony of a witness for the petitioner by remote electronic participation may adversely affect the credibility of that testimony. Except under extraordinary circumstances, the court should not permit testimony of the payee or a guardian of the payee by remote electronic participation.

(c) Examination. The court may examine under oath the payee, any guardian of the payee, the independent professional advisor, and the petitioner or representative of the petitioner, and any other witness.

Md. R. Spec. Proc. 15-1305

This Rule is new.

Adopted Dec. 7, 2015, eff. 1/1/2016. Amended Dec. 13, 2016, eff. 4/1/2017; 4/9/2018, eff. 7/1/2018; amended April 21, 2023, eff. 7/1/2023.

HISTORICAL NOTES

2016 Orders

The December 13, 2016, order modified the language in subsection (b)(4) pertaining to who may satisfy the requirement of personal attendance by the petitioner.

2018 Orders

The April 9, 2018 order, revised the Committee note after subsection (b)(4) by replacing a reference to "Rule 2-513" with a reference to "Title 2, Chapter 800" and by replacing the word "telephone" in three places with the phrase, "remote electronic participation."