Rule 9-401.Applicability; definitions
Last amended January 1, 2019 · Current through June 1, 2026 · Last verified September 8, 2026
Full Text of Rule 9-401
Amendment History
Maryland publishes each rule’s adoption and amendment record as a bracketed “Credits” note beneath the rule, giving the date of each Rules Order and the date it took effect. It is reproduced verbatim below.
[Adopted Dec. 4, 2018, eff. Jan. 1, 2019.]
Plain-English Summary
Chapter 400 governs one narrow and difficult kind of case: an action to terminate the parental rights of a parent who conceived the child through nonconsensual sexual conduct against the other parent.
The statutory definitions apply throughout, and the rule adds two of its own. A nominal respondent is the parent against whom the nonconsensual act is alleged to have been committed, where that parent has been named as a respondent party under Rule 9-402 — a procedural necessity where the child's guardian or attorney brings the action and that parent's position is not yet known. Respondent, used anywhere else in the chapter, does not include a nominal respondent.
That second definition is doing real work. Everything the chapter says about the respondent — the right to refuse to testify, the findings the court must make, the termination of rights and of the duty to support — is aimed at the parent alleged to have committed the act, never at the parent against whom it was committed.
Frequently Asked Questions
What kind of case does Chapter 400 cover?
A termination of parental rights proceeding under the Family Law Article subtitle dealing with a child conceived without consent.
What is a nominal respondent?
The parent against whom the nonconsensual act is alleged to have been committed, where that parent has been named as a respondent party under Rule 9-402. It is a way of joining that parent to the case without treating them as the person whose rights are at stake.
Does respondent mean both parents?
No. The rule states expressly that respondent does not include a nominal respondent, so every provision aimed at the respondent is aimed at the parent alleged to have committed the act.