MARVIN MANDEL, Governor

4007

preparing the Statement of Claim and other necessary
papers, but without liability for his assistance;

(3)    these actions shall be recorded in a
separate docket kept especially for small claims; and

(4)    where possible, a hearing upon the claim
shall be scheduled within 30 days from the date the
action is commenced.

The bill sets the filing fee at $2.00 (a reduction
from the present $5,00), and requires the Court of
Appeals to adopt rules "for such procedures as will
fairly do justice between the parties, according to the
laws of the State of Maryland.^M In particular, it
provides that,

"The Court shall, in adopting rules of
practice and procedure, or rules dealing with
pleadings or evidence, provide that heresay
(sic) evidence shall be admissible, and
otherwise make such special provisions
relating to small claims as the Court of
Appeals shall determine appropriate, any
provisions of law to the contrary
notwithstanding."

I am advised that the Court of Appeals Standing
Committee on Rules has been working diligently for
several months to develop recommendations for Rules for
the informal processing of small claims in the District
Court, and expects to have its recommendations ready for
submission to the Court on or about January 1, 1976. The
Court, in the normal course of events, will then give
consideration to the Committee's recommendations. Chief
Judge Murphy has expressed his desire to have these small
claims processed informally, and his expectation that the
Court will adopt Rules in general conformance with the
purpose and objectives of House Bill 743.

Both Chief Judge Murphy and the Chairman of the
Court's Standing Committee on Rules have further
indicated, however, that it is unlikely the Committee
will recommend, or that the Court will adopt, a Rule
providing for the total admissibility of hearsay evidence
in these cases. I am advised that some relaxation of the
hearsay rule is probable, but that it will not be
complete, as House Bill 74 3 purports to require,

If, as expected, the Court of Appeals is not
disposed to adopt a Rule in complete conformance with the
statute, a most serious question of Constitutional
dimension is raised. To what extent can the General
Assembly require the Court of Appeals to adopt a Rule
concerning practice and procedure in the Judicial Branch