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What is a Master for
Domestic Relations in Maryland?
Masters for Domestic Relations
are hearing officers who take testimony, make
preliminary rulings and determination. The Masters
recommendations are then submitted to a Judge to be
approved or rejected. If neither party takes exceptions
to the ruling of the Master then a Judge will pass an
order ratifying the Masters recommendations. If one or
both parties take exceptions (exceptions are similar to
an appeal) with in 10 days of the recommendations of the
Master then a Judge will review the transcript, hear
from the parties and or take additional testimony to see
if the recommendations were correct. Masters also hear
uncontested divorces, again subject to the final signing
of a divorce decree by a Judge. In some Courts in
Maryland the Masters set a scheduling conference for the
purpose of letting everyone know the schedule of events
that will move their case along in the Court system.
Masters are not Judges in the true sense of the word, but
their functions are very similar to a Judge; only that a
Judge has the final say as to what the Master for
Domestic Relations recommends.
RULE 9-208. REFERRAL OF
MATTERS TO
MASTERS
(a) Referral.
(1) As of Course.
If a court has a full-time or part-time standing
master for domestic
relations matters and a hearing has been requested
or is required by law, the following matters arising
under this Chapter shall be referred to the
master as of course
unless the court directs otherwise in a specific
case:
(A) uncontested divorce, annulment, or alimony;
(B) alimony pendente lite;
(C) child support pendente lite;
(D) support of dependents;
(E) preliminary or pendente
lite possession or use of the family home or
family-use personal property;
(F) subject to Rule 9-205,
pendente lite custody of or visitation with children
or modification of an existing order or judgment as
to custody or visitation;
(G) subject to Rule 9-205 as to
child access disputes, constructive civil contempt
by reason of noncompliance with an order or judgment
relating to custody of or visitation with a minor
child, the payment of alimony or support, or the
possession or use of the family home or family-use
personal property, following service of a show cause
order upon the person alleged to be in contempt;
(H) modification of an existing
order or judgment as to the payment of alimony or
support or as to the possession or use of the family
home or family-use personal property;
(I) counsel fees and assessment
of court costs in any matter referred to a
master
under this Rule;
(J) stay of an earnings
withholding order; and
(K) such other matters arising
under this Chapter and set forth in the court's case
management plan filed pursuant to Rule 16-202 b.
(2) By Order on
Agreement of the Parties. By agreement of the
parties, any other matter or issue arising under
this Chapter may be referred to the
master by order of
the court.
(b) Powers.
Subject to the provisions of an order referring a
matter or issue to a master,
the master has the
power to regulate all proceedings in the hearing,
including the power to:
(1) direct the issuance
of a subpoena to compel the attendance of witnesses
and the production of documents or other tangible
things;
(2) administer oaths to
witnesses;
(3) rule on the
admissibility of evidence;
(4) examine witnesses;
(5) convene, continue,
and adjourn the hearing, as required;
(6) recommend contempt
proceedings or other sanctions to the court; and
(7) recommend findings of fact
and conclusions of law.
(c) Hearing.
(1) Notice. A
written notice of the time and place of the hearing
shall be sent to all parties.
(2) Attendance of
Witnesses. A party may procure by subpoena the
attendance of witnesses and the production of
documents or other tangible things at the hearing.
(3) Record. All
proceedings before a master
shall be recorded either stenographically or
electronically, unless the making of the record is
waived in writing by all parties. A waiver of the
making of a record is also a waiver of the right to
file exceptions that would require review of the
record for their determination.
(d) Contempt
Proceedings; Referral for De Novo Hearing. If,
at any time during a hearing on a party's alleged
constructive civil contempt, the
master concludes
that there are reasonable grounds to believe that
the party is in contempt and that incarceration may
be an appropriate sanction, the
master shall (1) set
a de novo hearing before a judge of the circuit
court, (2) cause the alleged contemnor to be served
with a summons to that hearing, and (3) terminate
the master's hearing
without making a recommendation. If the alleged
contemnor is not represented by an attorney, the
date of the hearing before the judge shall be at
least 20 days after the date of the
master's
hearing and, before the
master terminates the
master's hearing,
the master shall
advise the alleged contemnor on the record of the
contents of the notice set forth in Rule 15-206
(c)(2).
(e) Findings and
Recommendations.
(1) Generally.
Except as otherwise provided in section (d) of this
Rule, the master
shall prepare written recommendations, which shall
include a brief statement of the
master's findings
and shall be accompanied by a proposed order. The
master shall notify
each party of the recommendations, either on the
record at the conclusion of the hearing or by
written notice served pursuant to Rule 1-321. In a
matter referred pursuant to subsection (a)(1) of
this Rule, the written notice shall be given within
ten days after the conclusion of the hearing. In a
matter referred pursuant to subsection (a)(2) of
this Rule, the written notice shall be given within
30 days after the conclusion of the hearing.
Promptly after notifying the parties, the
master shall file
the recommendations and proposed order with the
court.
(2) Supplementary
Report. The master
may issue a supplementary report and recommendations
on the master's own
initiative before the court enters an order or
judgment. A party may file exceptions to new matters
contained in the supplementary report and
recommendations in accordance with section (f) of
this Rule.
(f) Exceptions.
Within ten days after recommendations are placed on
the record or served pursuant to section (e) of this
Rule, a party may file exceptions with the clerk.
Within that period or within ten days after service
of the first exceptions, whichever is later, any
other party may file exceptions. Exceptions shall be
in writing and shall set forth the asserted error
with particularity. Any matter not specifically set
forth in the exceptions is waived unless the court
finds that justice requires otherwise.
(g)
Requirements for Excepting Party.
At the time the exceptions are filed, the excepting
party shall do one of the following: (1) order a
transcript of so much of the testimony as is
necessary to rule on the exceptions, make an
agreement for payment to ensure preparation of the
transcript, and file a certificate of compliance
stating that the transcript has been ordered and the
agreement has been made; (2) file a certification
that no transcript is necessary to rule on the
exceptions; (3) file an agreed statement of facts in
lieu of the transcript; or (4) file an affidavit of
indigency and motion requesting that the court
accept an electronic recording of the proceedings as
the transcript. Within ten days after the entry of
an order denying a motion under subsection (g)(4) of
this section, the excepting party shall comply with
subsection (g)(1). The transcript shall be filed
within 30 days after compliance with subsection
(g)(1) or within such longer time, not exceeding 60
days after the exceptions are filed, as the
master
may allow. For good cause shown, the court may
shorten or extend the time for the filing of the
transcript. The excepting party shall serve a copy
of the transcript on the other party. The court may
dismiss the exceptions of a party who has not
complied with this section.
(h) Entry of Orders.
(1) In General. Except as provided in
subsections (2) and (3) of this section,
(A) the court shall not direct
the entry of an order or judgment based upon the
master's
recommendations until the expiration of the time for
filing exceptions, and, if exceptions are timely
filed, until the court rules on the exceptions; and
(B) if exceptions are not
timely filed, the court may direct the entry of the
order or judgment as recommended by the
master.
(2) Immediate Orders.
This subsection does not apply to the entry of
orders in contempt proceedings. If a
master finds that
extraordinary circumstances exist and recommends
that an order be entered immediately, the court
shall review the file and any exhibits and the
master's
findings and recommendations and shall afford the
parties an opportunity for oral argument. The court
may accept, reject, or modify the
master's
recommendations and issue an immediate order. An
order entered under this subsection remains subject
to a later determination by the court on exceptions.
(3) Contempt Orders.
(A) On Recommendation by the
Master/span>.
On the recommendation by the
master
that an individual be found in contempt, the court
may hold a hearing and direct the entry of an order
at any time. The order may not include a sanction of
incarceration.
(B) Following a De Novo
Hearing. Upon a referral from the
master
pursuant to section (d) of this Rule, the court
shall hold a de novo hearing and enter any
appropriate order.
(1) Generally. The
court may decide exceptions without a hearing,
unless a request for a hearing is filed with the
exceptions or by an opposing party within ten days
after service of the exceptions. The exceptions
shall be decided on the evidence presented to the
master
unless: (A) the excepting party sets forth with
particularity the additional evidence to be offered
and the reasons why the evidence was not offered
before the master,
and (B) the court determines that the additional
evidence should be considered. If additional
evidence is to be considered, the court may remand
the matter to the master
to hear and consider the additional evidence or
conduct a de novo hearing.
(2) When Hearing to be
Held. A hearing on exceptions, if timely
requested, shall be held within 60 days after the
filing of the exceptions unless the parties
otherwise agree in writing. If a transcript cannot
be completed in time for the scheduled hearing and
the parties cannot agree to an extension of time or
to a statement of facts, the court may use the
electronic recording in lieu of the transcript at
the hearing or continue the hearing until the
transcript is completed.
(j) Costs.
The court, by order, may assess among the parties
the compensation, fees, and costs of the
master and of any
transcript.
This article is general in nature and you should always
talk to a qualified professional....span>REAL LAWYERS-FOR REAL PEOPLE-WITH REAL
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