Md. Crim. Causes. 4-707

As amended through November 13, 2024

Rule 4-707 - [Effective 1/1/2025] Appointment of Counsel; Response to Answer

(a) Appointment of Counsel. If the court finds that a petitioner who has requested the appointment of counsel is indigent, the court may appoint counsel within 30 days after the State has filed its answer unless counsel has already filed an appearance to represent the petitioner.

(b) Response to answer

The petitioner may file a response to the State's answer no later than 60 days after service of the answer. The response may (1) challenge the adequacy or the accuracy of the answer, (2) request that a search of other law enforcement agency databases or logs be conducted for the purpose of identifying the source of physical evidence used for DNA testing, and (3) be accompanied by an amendment to the petition. The petitioner shall serve the response on the State's Attorney. The court may not rule on the petition prior to the filing of a response or, if no response is filed, prior to the expiration of the 60-day period referenced in this section.

Md. Crim. Causes. 4-707

This Rule is new.

Adopted Sept. 10, 2009, eff. 10/1/2009. Amended Dec. 7, 2015, eff. 1/1/2016; amended Oct. 15, 2024, eff. 1/1/2025.

HISTORICAL NOTES

2015 Orders

The December 7, 2015, order, in (b) substituted the word "may" for the word "shall."