After a hearing before a Magistrate (previously and sometimes referred to as a "Masters Hearing"), the Magistrate will either read their Recommendations into the record at the hearing or issue a written Report and Recommendations and file the same in a case. If either party asserts that the Magistrate made an error in the findings of the Report and Recommendations made, they may file Exceptions. The exceptions must be in writing and set forth the errors with specificity.
In the Report and Recommendations, the court will usually include a Notice Regarding Exceptions and outline the process of filing Exceptions. Exceptions are primarily governed by Maryland Rule 9-208, and have a strict procedure for filing.
In accordance with the Maryland Rules, a party intending to file Exceptions to the Report of the Magistrate must file the Exceptions with the Clerk of the Court within ten (10) days after the Report and Recommendations are placed on the record or served to the parties. The court will generally allow three (3) days for mailing if the Report and Recommendations are not placed on the record, and only served through the mail. The Exceptions must have a certification showing the date that copies were mailed to counsel for the opposing party or directly to the opposing party if not represented by counsel.
Unless a transcript has been filed, a transcript of the Magistrate's hearing must be ordered at the time of filing of Exceptions, and filed within 30 days or not exceeding 60 days after Exceptions are filed.
Each Circuit Court may have a different process on how a transcript may be ordered, but after obtaining the transcript it must also be served on opposing parties.
In accordance with the Maryland Rules, in the event that Exceptions are timely filed, an order or judgment based on the Magistrate's recommendation shall not be entered until the court rules on the Exceptions. If Exceptions are not timely filed, the court may direct the entry of the order or judgment as recommended by the Magistrate. The court may have a hearing on the Exceptions or rule without a hearing on the Exceptions filed.
Law Office of Jerry Williams III, is conveniently located in Annapolis, Maryland with remote offices in Baltimore City and Towson. We represent and advise clients on filing Exceptions across the State of Maryland including Anne Arundel, Baltimore, Montgomery, Harford, Howard, and Prince George's County. Contact our office today to set up a consultation.