Can you interpret this for me?

[ProSeDadinMD]

What is the name of your state? MD

I'd like to know peoples interpretation of MD Rule 9-208:

(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.

Exceptions were filed on the 10th day after the ruling.

A transcript was not ordered untill 11 days after the exceptions were filed.

 

[seniorjudge]

What is the name of your state? MD

I'd like to know peoples interpretation of MD Rule 9-208:

Exceptions were filed on the 10th day after the ruling.

A transcript was not ordered untill 11 days after the exceptions were filed.

What's your problem? Where is the error? Explain yourself.

Did the excepting otherwise follow (g)(1) and/or has the transcript been filed?

 

[ProSeDadinMD]

What's your problem? Where is the error? Explain yourself.

Did the excepting otherwise follow (g)(1) and/or has the transcript been filed?

Ok, here’s the timeline.

April 3: hearing
April 10: recommendations
April 20: exceptions filed
May 1: transcript ordered

Considering that the very first line of (g) states that “Requirements for excepting party.- At the time the exceptions are filed, the excepting party shall do one of the following:”, and none of those items were accomplished at that time, wouldn’t that be grounds for a dismissal of the exceptions?

I have a copy of the order form for the transcript, and it was requested on 5/1.

 

[fairisfair]

haven't we already been over this?

 

[Bretagne]

OK, so I assume your ex didn't agree with the court's recommendations/findings and so filed written exceptions with the court. Although the exceptions were timely filed, the transcript was not ordered at the time of filing. Right?

Don't waste a lot of time analyzing this and don't plan to hang your hat on this procedural technicality. The important parts of the rule are this:

For good cause shown, the court may shorten or extend the time for the filing of the transcript.

The court may dismiss the exceptions of a party who has not complied with this section.

So, this rule is designed to give the judge some leeway when dealing with family law cases. He can do whatever he wants, depending on how the parties have been behaving.

A court will generally not dismiss the exceptions of a party unless that party has really, really screwed up, or unless the other party has been prejudiced somehow.

You need to be able to argue to the judge how their failure to follow procedure has had a negative effect on you. For example, if they serve a copy of the transcript on you a day before a hearing is scheduled to argue the exceptions, you have grounds for a continuance and in some circumstances the court MIGHT dismiss the exceptions because of undue hardship to you.

Assuming that is not the case here, let it go. Also, I'm assuming the court's decision came out substantially in your favor, as it is your ex who is filing exceptions to the court's findings.