§ RULE 2-502 SEPARATION OF QUESTIONS FOR DECISION BY COURT

Codes > Maryland Rules > Title 2 > Chapter 500 > RULE 2-502

RULE 2-502. SEPARATION OF QUESTIONS FOR DECISION BY COURT

    If at any stage of an action a question arises that is within the sole province of the court to decide, whether or not the action is triable by a jury, and if it would be convenient to have the question decided before proceeding further, the court, on motion or on its own initiative, may order that the question be presented for decision in the manner the court deems expedient. In resolving the question, the court may accept facts stipulated by the parties, may find facts after receiving evidence, and may draw inferences from these facts. The proceedings and decisions of the court shall be on the record, and the decisions shall be reviewable upon appeal after entry of an appealable order or judgment.

    Source: This Rule is derived from former Rule 502.

    Committee note: When a question defined by this Rule involves one of the matters listed in Rule 2-322, the question should be raised and decided under the provisions of that Rule. When a judgment is sought and there is no genuine dispute as to any material fact, the question should be raised and decided under Rule 2-501. When the question is not a question within the sole province of the court to decide but it would nonetheless be convenient or less prejudicial to conduct a separate trial on the issue, it is appropriate to proceed under Rule 2-503(b).