Md. Rule 4-401 (2026)

(a) Generally. A proceeding under the Uniform Post Conviction Procedure Act is commenced by the filing of a petition in the circuit court of the county where the conviction took place.

(b) Following DNA Testing. If a petition for DNA testing was filed pursuant to Code, Criminal Procedure Article, § 8-201, and the test results were favorable to the petitioner, the court shall (1) reopen a post conviction proceeding previously commenced under section (a) of this Rule or (2) if no post conviction proceeding has been initiated, treat the petition for DNA testing as a petition under section (a) of this Rule.

Source: This Rule is derived in part from former Rule BK40 and is in part new.

Credits

[Adopted April 6, 1984, eff. July 1, 1984. Amended April 5, 2005, eff. July 1, 2005.]