Md. R. Spec. Proc. 15-309

As amended through November 13, 2024

Rule 15-309 - Hearing

(a) Generally. Upon the production of the individual confined or restrained, the judge shall conduct a hearing immediately to inquire into the legality and propriety of the individual's confinement or restraint. The individual confined or restrained for whom the writ is issued may offer evidence to prove the lack of legal justification for the confinement or restraint, and evidence may be offered on behalf of the person having custody to refute the claim.

(b) Conduct of Hearing If Isolation or Quarantine. If, pursuant to an isolation or quarantine directive or order issued under any federal, State, or local public health law or public emergency law, one or more of the parties, their counsel, or witnesses are unable to appear personally at the hearing, and the fair and effective adjudication of the proceedings permits, the court may:

(1) admit documentary evidence submitted or proffered by courier, facsimile, or other electronic means;

(2) if feasible, conduct the proceedings by means of a telephonic conference call, live closed circuit television, live internet or satellite video conference transmission, or other available means of communication that reasonably permits the parties or their authorized representatives to participate in the proceedings; and

(3) decline to require strict application of the rules of evidence other than those relating to the competency of witnesses and lawful privileges.

Md. R. Spec. Proc. 15-309

This Rule is derived as follows:

Section (a) is derived from former Rules Z46 b and Z48.

Section (b) is derived from Rule 15-1104(d).

Adopted June 5, 1996, eff. 1/1/1997. Amended Sept. 10, 2009, eff. 10/1/2009; 6/7/2011, eff. 7/1/2011.

HISTORICAL NOTES

2009 Orders

The September 10, 2009, order, added a cross reference following the rule.

2011 Orders

The June 7, 2011, order rewrote this rule, which read:

"Upon the production of the individual confined or restrained, the judge shall conduct a hearing immediately to inquire into the legality and propriety of the individual's confinement or restraint. The individual confined or restrained for whom the writ is issued may offer evidence to prove the lack of legal justification for the confinement or restraint, and evidence may be offered on behalf of the person having custody to refute the claim.

Derivation:

Maryland Rule of Procedure Z46, adopted Sept. 15, 1961, eff. Jan. 1, 1962, related to procedure following issuance of writs of habeas corpus, rescinded June 5, 1996, eff. Jan. 1, 1997.

Maryland Rule of Procedure Z48, adopted Sept. 15, 1961, eff. Jan. 1, 1962, related to defenses, rescinded June 5, 1996, eff. Jan. 1, 1997.