Section 2-101 – “Court” Defined

    In the estates of decedents law, the word “court” means the orphans’ court in a county, or the court exercising the jurisdiction of the orphans’ court in a county.

Section 2-102 – Jurisdiction of Court

    (a)    (1)    The court may:             (i)    Conduct judicial probate;             (ii)    Direct the conduct of a personal representative;             (iii)    Summon witnesses; and             (iv)    Issue orders that may be:                 1.    Required in the course of the administration of an estate of a decedent; or                 2.    Necessary to determine the value or sources of payment of an elective share under § 3–413 of this article.         (2)    The […]

Section 2-103 – Enforcement

    The court has the same legal and equitable powers to effectuate its jurisdiction, punish contempts, and carry out its orders, judgments, and decrees as a court of record with general jurisdiction in equity.

Section 2-104 – Application of Maryland Rules

    The Maryland Rules for the summoning of a witness, and for depositions and discovery, apply to all actions.

Section 2-105 – Plenary Proceeding

    (a)    In a controversy in the court, an issue of fact may be determined by the court.     (b)    (1)    At the request of an interested person made within the time determined by the court, the issue of fact may be determined by a court of law.         (2)    When the request is made before the court has determined the issue […]

Section 2-106 – Time and Place of Sessions; Temporary Assignment of Judges

    (a)    (1)    Except as provided in this section and unless a different time is prescribed by local law, the court shall be held in each county at the usual place of holding court in the county, on the second Tuesday of February, April, June, August, October, and December, and more often if need be, according to its […]

Section 2-107 – Chief Judge

    (a)    (1)    Except in Harford County and Montgomery County, the Governor shall designate and commission one of the three judges of the Court in each county as Chief Judge of the Court.         (2)    Full power and authority are vested in each judge designated and commissioned as chief judge to act as chief judge.         (3)    Any writ and other process […]

Section 2-108 – Judges’ Compensation

    (a)    (1)    Except in Montgomery County and Harford County, the judges of the courts shall receive compensation and allowances as prescribed by law.         (2)    Unless otherwise provided, the compensation shall be paid in monthly installments.         (3)    Mileage or travel expenses may not be allowed to a judge for attending sessions of the judge’s court except as specifically provided.     (b)    (1)    Each […]

Section 2-109 – Restriction on Judge’s Practice of Law

    (a)    Except as provided in subsection (b) of this section, a judge of the court may not act as an attorney at law in a civil or criminal matter during a term of office.     (b)    This section does not apply:         (1)    In Harford County;         (2)    In Montgomery County;         (3)    In Baltimore City, to a judge of the Court while practicing […]