IN THE COURT OF APPEALS OF MARYLAND

REVISED ADMINISTRATIVE ORDER ON

THE EMERGENCY TOLLING OR SUSPENSION OF

STATUTES OF LIMITATIONS AND STATUTORY AND RULES DEADLINES

RELATED TO THE INITIATION OF MATTERS
AND CERTAIN STATUTORY AND RULES DEADLINES IN PENDING MATTERS

WHEREAS, Pursuant to the Maryland Constitution, Article IV, § 18, the Chief
Judge of the Court of Appeals is granted authority as the administrative head of the Judicial
Branch of the State; and

WHEREAS, The Court of Appeals has approved Chapter 1000 of Title 16 of the
Maryland Rules of Practice and Procedure setting forth the emergency powers of the Chief
Judge of the Court of Appeals; and

WHEREAS, In instances of emergency conditions, whether natural or otherwise,

that significantly disrupt access to or the operations of one or more courts or other judicial
facilities of the State or the ability of the Judiciary to operate effectively, the Chief Judge
of the Court of Appeals may be required to determine the extent to which court operations
or judicial functions shall continue; and

WHEREAS, Due to the outbreak of the novel coronavirus, COVID-19, and

consistent with guidance issued by the Centers for Disease Control, an emergency exists
that poses a threat of imminent and potentially lethal harm to individuals who may come
into contact with a court or judicial facility and personnel; and

WHEREAS, The COVID-19 emergency continues to require comprehensive

measures to protect the health and safety of Maryland residents and Judiciary personnel
and comply with the guidelines of the Centers for Disease Control, including the stay-at-
home orders issued by the Governor and restricted operations of the courts and judicial
facilities, and is causing delays in the processing of routine matters; and

WHEREAS, The impact of the restrictions required to respond to the COVID-19

pandemic has had a widespread detrimental impact upon the administration of justice,
impeding the ability of parties and potential litigants to meet with counsel, conduct

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research, gather evidence, and prepare complaints, pleadings, and responses, with the
impact falling hardest upon those who are impoverished; and

WHEREAS, the detrimental impact of the COVID-19 pandemic is so widespread

as to have created a general and pervasive practical inability for certain deadlines to be
met; and

WHEREAS, pursuant to the Administrative Order on the Progressive Resumption

of Full Function of Judiciary Operations Previously Restricted Due to the COVID-19
Emergency, filed May 22, 2020, offices of the clerks of court will be reopened to the public
on July 20, 2020,

NOW, THEREFORE, I, Mary Ellen Barbera, Chief Judge of the Court of Appeals
and administrative head of the Judicial Branch, pursuant to the authority conferred by
Article IV, § 18 of the Maryland Constitution, do hereby order this 22nd day of May 2020,
that:
(a) By previous Order, pursuant to Maryland Rule 16-1003(a)(7), all statutory and
rules deadlines related to the initiation of matters required to be filed in a
Maryland state trial or appellate court, including statutes of limitations, were
tolled or suspended, as applicable, effective March 16, 2020, by the number of
days that the courts were closed to the public due to the COVID-19 emergency;
and
(b) By this Order, those same deadlines remain tolled or suspended, as applicable,
effective March 16, 2020, by the number of days that the courts were closed to
the public due to the COVID-19 emergency; and
(c) Justice requires that the ordering of the suspension of such deadlines during an
emergency as sweeping as a pandemic be applied consistently and equitably
throughout Maryland, and no party or parties shall be compelled to prove his,
her, its, or their practical inability to comply with such a deadline if it occurred
during the COVID-19 emergency to obtain the relief that this Administrative
Order provides; and

(d) For the purposes of tolling of statutes of limitations and other deadlines related
to the initiation of matters, in this Order, “tolled or suspended by the number of
days that the courts were closed” means that the days that the offices of the clerks
of court were closed to the public (from March 16, 2020 through July 20, 2020)
do not count against the time remaining for the initiation of that matter; and

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 (e) With the offices of the clerks of courts to be reopened to the public on July 20,
2020, the filing deadlines to initiate matters are hereby extended by an additional
15 days1; and

(f) Any such filings made within the period described in (d) and (e) shall relate back
to the day before the deadline would have expired had it not been tolled or
suspended; and

(g) By previous Order, pursuant to Maryland Rule 16-1003(a)(7), all statutes and
rules deadlines to conduct pending judicial proceedings shall be tolled or
suspended, as applicable, effective March 16, 2020, by the number of days that
the courts are closed to the public due to the COVID-19 emergency by order of
the Chief Judge of the Court of Appeals; and
(h) For the purposes of tolling all statutes and rules deadlines to conduct pending
judicial proceedings, in this Order, “tolled or suspended by the number of days
that the courts were closed” means that the days that the offices of the clerks of
court were closed to the public (from March 16, 2020 through July 20, 2020) do
not count against the time remaining to conduct judicial proceedings; and

(i) With the offices of the clerks of courts to be reopened to the public on July 20,
2020, the deadlines to conduct proceedings pending on March 16, 2020, are
hereby extended by an additional 60 days in order for the courts to reschedule
and hold the same; and

(j) For purposes of Maryland Rules 2-507 and 3-507, extensions shall be calculated
consistent with sections (h) and (i) of this Order;

(k) The validity of warrants of restitution pending on March 16, 2020, further shall
be extended consistent with sections (h) and (i) of this Order; and

(l) To the extent that this Administrative Order conflicts with extant Administrative
Orders or local administrative orders, this Administrative Order shall prevail,
except as provided in Section (cc) of the Administrative Order on the
Progressive Resumption of Full Function of Judiciary Operations Previously
Restricted Due to the COVID-19 Emergency, filed May 22, 2020, and the

1
For example, if two days remained for the filing of a new matter on March 15, 2020, then two days would have
remained upon the reopening of the offices of the clerks of court to the public on July 20, 2020. With the additional
fifteen days, seventeen days would be left for a timely filing, beginning July 20, 2020.

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 Administrative Order Lifting the Statewide Suspension of Jury Trials and
Resuming Grand Juries, filed May 22, 2020; and
(m) The Amended Administrative Order Further Clarifying the Emergency Tolling
or Suspension of Statutes of Limitations and Statutory and Rules Deadlines
Related to the Initiation of Matters and Certain Statutory and Rules Deadlines
in Pending Matters, filed May 4, 2020; and the Amended Administrative Order
on Emergency Tolling or Suspension of Statutes of Limitations and Statutory
and Rules Deadlines Related to the Initiation of Matters and Certain Statutory
and Rules Deadlines in Pending Matters, filed April 8, 2020; shall be and hereby
are rescinded; and

(n) This Administrative Order will be revised as circumstances warrant.

/s/ Mary Ellen Barbera

Mary Ellen Barbera
Chief Judge
Court of Appeals of Maryland

Filed: May 22, 2020

Pursuant to Maryland Uniform Electronic Legal Materials Act
(§§ 10-1601 et seq. of the State Government Article) this document
is authentic.

Suzanne Johnson
/s/ Suzanne C. Johnson 2020-05-22 16:34-04:00
Suzanne C. Johnson
Clerk
Court of Appeals of Maryland Suzanne C. Johnson, Clerk

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