reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 10 - Evidence › Subtitle 2 - Public Statutes, Office Copies, and Official Certificate › Section 10-203 - Public and Private Laws, Ordinances, Regulations, and Resolutions of County and Municipal Corporations and Commissions; Maryland Register and Code of Maryland Regulations

(a)    (1)    The public laws, ordinances, regulations, and resolutions approved and enacted by a county or municipal corporation of the State, the Mayor and City Council of Baltimore, the Maryland-National Capital Park and Planning Commission, or the Washington Suburban Sanitary Commission, shall be judicially noticed or read in evidence from the printed volumes or from a true copy of an amendment published by the authority of the county or municipal corporation.
(2)    The contents of the Maryland Register and the Code of Maryland Regulations shall be judicially noticed from the official text of those publications.
(b)    The private laws and resolutions published by the authority of the State may be read in evidence from the printed statute book.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 10 - Evidence › Subtitle 2 - Public Statutes, Office Copies, and Official Certificate › Section 10-204 - Public Records -- Admissibility Generally

(a)    A copy of a public record, book, paper, or proceeding of any agency of the government of the United States, the District of Columbia, any territory or possession of the United States, or of any state or of any of its political subdivisions or of an agency of any political subdivision shall be received in evidence in any court if certified as a true copy by the custodian of the record, book, paper, or proceeding, and if otherwise admissible.
(b)    Except as otherwise provided by law, a custodian of a public record in the State or other person authorized to make a certification under this section shall, upon request, provide a certified copy of the public record to a party to a judicial proceeding or the party’s attorney.
(c)    A certification under this section shall include:
(1)    The signature and title of the custodian or other person authorized to make the certification;
(2)    The official seal, if any, of the office; and
(3)    A statement certifying that the copy is a true copy of the public record.
(d)    A custodian or other person authorized to make a certification under this section may charge a reasonable fee for providing a certified copy of a public record in accordance with this section.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 10 - Evidence › Subtitle 2 - Public Statutes, Office Copies, and Official Certificate › Section 10-205 - Public Records -- Exceptions

(a)    In this section, “the Maryland Institute for Emergency Medical Services Systems” means the State agency described in § 13–503 of the Education Article.
(b)    Records, reports, statements, notes, or information assembled or obtained by the Maryland Department of Health, the Maryland Commission to Study Problems of Drug Addiction, the Medical and Chirurgical Faculty or its allied medical societies, the Maryland Institute for Emergency Medical Services Systems, an in–hospital staff committee, or a national organized medical society or research group that are declared confidential by § 4–102 of the Health – General Article or § 14–506 of the Health Occupations Article, are not admissible in evidence in any proceeding.
(c)    An employee or agent of any of the organizations listed in subsection (b) of this section may not be compelled to divulge any such record, report, statement, note, or information in this connection.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 10 - Evidence › Subtitle 2 - Public Statutes, Office Copies, and Official Certificate › Section 10-206 - Replacement of Worn and Dilapidated Records

When a clerk of any court has replaced worn and dilapidated records in his office, and certified the new records as accurate copies of the old ones, the new records are substituted for and become the records of the court in lieu of the old records. The certified and substituted new records are admissible evidence to the same extent the old ones were.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 10 - Evidence › Subtitle 2 - Public Statutes, Office Copies, and Official Certificate › Section 10-207 - Printed Copies of i.c.c. Schedules, etc., Presumed Correct

Printed copies of schedules, classifications, and tariffs of rates, fares, and charges, and supplements to schedules, classifications, and tariffs, filed with the Interstate Commerce Commission, which show an Interstate Commerce Commission number, which may be stated in abbreviated form, as I.C.C. No. ...., and an effective date, are presumed to be correct copies of the original schedules, classifications, tariffs, and supplements on file with the Interstate Commerce Commission and shall be received as evidence, without certification, in any court to prove the schedules, classifications, tariffs, and supplements.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 10 - Evidence › Subtitle 2 - Public Statutes, Office Copies, and Official Certificate › Section 10-208 - Federal Finding of Presumed Death

A written finding of presumed death made by the Secretary of Defense or other officer or employee of the United States authorized by federal law to make a finding of presumed death or a duly certified copy of the finding shall be received in any court, office, or other place in the State as evidence of:
(1)    The death of the individual disclosed in the finding as dead; and
(2)    The date, circumstances, and place of the individual’s death or disappearance.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 10 - Evidence › Subtitle 2 - Public Statutes, Office Copies, and Official Certificate › Section 10-209 - Federal Record of Missing Individual

An official written report or record or duly certified copy of an official written report or record that an individual is missing, missing in action, interned in a neutral country, or is beleaguered, besieged or captured by an enemy or is dead or is alive, made by any of the persons referred to in § 10-208 of this subtitle shall be received in any court, office, or other place in the State as evidence of the facts stated in the report or record.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 10 - Evidence › Subtitle 2 - Public Statutes, Office Copies, and Official Certificate › Section 10-210 - Evidence of Signature and Authority

(a)    For the purpose of §§ 10-208 and 10-209 of this subtitle, any finding, report, or record, or duly certified copy of a finding, report, or record, purporting to have been signed by an officer or employee of the United States described in §§ 10-208 and 10-209 of this subtitle, shall be presumed to have been signed and issued by the officer or employee in accordance with law, and the person signing same shall be presumed to have acted within the scope of the person’s authority.
(b)    If a copy purports to have been certified by a person authorized by law to certify the copy, the certified copy shall be evidence of the person’s authority so to certify.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 10 - Evidence › Subtitle 3 - Motor Vehicle Laws › Section 10-301.1 - Definitions

(a)    In §§ 10-302 through 10-309 of this subtitle, the following words have the meanings indicated.
(b)    “Specimen of blood” and “1 specimen of blood” have the meaning stated in § 16-205.1 of the Transportation Article.
(c)    “Test” has the meaning stated in § 16-205.1 of the Transportation Article.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 10 - Evidence › Subtitle 3 - Motor Vehicle Laws › Section 10-302 - Chemical Test for Alcohol, Drug or Controlled Dangerous Substance Content -- Purpose

In a prosecution for a violation of a law concerning a person who is driving or attempting to drive a vehicle in violation of § 16-113, § 16-813, or § 21-902 of the Transportation Article, or in violation of Title 2, Subtitle 5, § 2-209, or § 3-211 of the Criminal Law Article, a test of the person’s breath or blood may be administered for the purpose of determining alcohol concentration and a test or tests of 1 specimen of the person’s blood may be administered for the purpose of determining the drug or controlled dangerous substance content of the person’s blood.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 10 - Evidence › Subtitle 3 - Motor Vehicle Laws › Section 10-303 - Chemical Test for Alcohol, Drug or Controlled Dangerous Substance Content -- Specimens; Time Limitations

(a)    (1)    A specimen of breath or 1 specimen of blood may be taken for the purpose of a test for determining alcohol concentration.
(2)    For the purpose of a test for determining alcohol concentration, the specimen of breath or blood shall be taken within 2 hours after the person accused is apprehended.
(b)    (1)    Only 1 specimen of blood may be taken for the purpose of a test or tests for determining the drug or controlled dangerous substance content of the person’s blood.
(2)    For the purpose of a test or tests for determining drug or controlled dangerous substance content of the person’s blood, the specimen of blood shall be taken within 4 hours after the person accused is apprehended.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 10 - Evidence › Subtitle 3 - Motor Vehicle Laws › Section 10-305 - Chemical Test for Alcohol, Drug or Controlled Dangerous Substance Content -- Type of Test Administered

(a)    The type of test administered to the defendant to determine alcohol concentration shall be the test of breath except that the type of test administered shall be:
(1)    A test of blood if:
(i)    The defendant is unconscious or otherwise incapable of refusing to take a test to determine alcohol concentration;
(ii)    Injuries to the defendant require removal of the defendant to a medical facility;
(iii)    The equipment for administering the test of breath is not available; or
(iv)    The defendant is required to submit to a test of one specimen of blood under § 16-205.1(c)(1)(ii) of the Transportation Article; or
(2)    Both a test of the person’s breath and a test of one specimen of the person’s blood if the defendant is required to submit to both a test of the person’s breath and a test of one specimen of the person’s blood under § 16-205.1(c)(1)(iii) of the Transportation Article.
(b)    The type of specimen obtained from the defendant for the purpose of a test or tests to determine drug or controlled dangerous substance content shall be a blood specimen.
(c)    Any person who is dead, unconscious, or otherwise in a condition rendering him incapable of test refusal shall be deemed not to have withdrawn consent.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 10 - Evidence › Subtitle 3 - Motor Vehicle Laws › Section 10-308 - Chemical Test for Alcohol, Drug or Controlled Dangerous Substance Content -- Other Evidence

(a)    The evidence of the analysis does not limit the introduction of other evidence bearing upon whether the defendant was under the influence of alcohol or whether the defendant was driving while impaired by alcohol, while so far impaired by any drug, any combination of drugs, or a combination of one or more drugs and alcohol that the person cannot drive a vehicle safely, or while impaired by a controlled dangerous substance.
(b)    The results of a test or tests to determine the drug or controlled dangerous substance content of a person’s blood:
(1)    Are admissible as evidence in a criminal trial only in a prosecution for a violation of § 21-902 of the Transportation Article, § 8-738 of the Natural Resources Article, or Title 2, Subtitle 5, § 2-209, or § 3-211 of the Criminal Law Article and only if other admissible evidence is introduced that creates an inference that the person was:
(i)    Driving or attempting to drive while so far impaired by any drug, any combination of drugs, or a combination of one or more drugs and alcohol that the person could not drive a vehicle safely, or while impaired by a controlled dangerous substance; or
(ii)    Operating or attempting to operate a vessel while the person was so far impaired by any drug, any combination of drugs, or a combination of one or more drugs and alcohol that the person could not operate a vessel safely, or while impaired by a controlled dangerous substance; and
(2)    Are not admissible in a prosecution other than a prosecution for a violation of § 21-902 of the Transportation Article, § 8-738 of the Natural Resources Article, or Title 2, Subtitle 5, § 2-209, or § 3-211 of the Criminal Law Article.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 10 - Evidence › Subtitle 3 - Motor Vehicle Laws › Section 10-309 - Chemical Test for Alcohol, Drug or Controlled Dangerous Substance Content -- Refusal to Submit to Test

(a)    (1)    (i)    Except as provided in § 16–205.1(c) of the Transportation Article or § 8–738.1 of the Natural Resources Article, a person may not be compelled to submit to a test or tests provided for in this subtitle.
(ii)    Evidence of a test or analysis provided for in this subtitle is not admissible in a prosecution for a violation of § 16–113 or § 21–902 of the Transportation Article, § 8–738 of the Natural Resources Article, or Title 2, Subtitle 5, § 2–209, or § 3–211 of the Criminal Law Article if obtained contrary to the provisions of this subtitle.
(2)    The fact of refusal to submit is admissible in evidence at the trial.
(b)    This section does not limit the provisions of the vehicle laws regarding the consequences of refusal to submit to a test or tests.
(c)    Nothing in this section precludes or limits the admissibility of evidence of a test or analysis to determine the alcohol concentration of a person’s blood or breath in any prosecution other than for a violation of § 16-113 or § 21-902 of the Transportation Article, § 8-738 of the Natural Resources Article, or Title 2, Subtitle 5, § 2-209, or § 3-211 of the Criminal Law Article.
(d)    Nothing in this section precludes or limits admissibility of evidence of a test or analysis to determine the alcohol concentration of a person’s blood or breath which is obtained as provided in § 16–205.1(c) of the Transportation Article or § 8–738.1 of the Natural Resources Article.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 10 - Evidence › Subtitle 3 - Motor Vehicle Laws › Section 10-310 - Photographs, Microphotographs, Videotapes or Other Recorded Images by Electronic Toll Collection Video Monitoring Systems

A photograph, microphotograph, videotape, or other recorded image of the license plate of a motor vehicle produced by an electronic toll collection video-monitoring system is admissible in a proceeding to collect a toll or other charge of the Maryland Transportation Authority, to impose civil liability or to collect civil penalties imposed under § 21-1414 of the Transportation Article, or to impose criminal liability under § 21-1413 of the Transportation Article for a failure to pay a toll or charge.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 10 - Evidence › Subtitle 3 - Motor Vehicle Laws › Section 10-311 - Recorded Images Produced by Traffic Control Signal, Speed Monitoring System, School Bus Monitoring Camera, or Work Zone Speed Control System

(a)    A recorded image of a motor vehicle produced by a traffic control signal monitoring system in accordance with § 21–202.1 of the Transportation Article is admissible in a proceeding concerning a civil citation issued under that section for a violation of § 21–202(h) of the Transportation Article without authentication.
(b)    A recorded image of a motor vehicle produced by a speed monitoring system in accordance with § 21–809 or § 21–810 of the Transportation Article is admissible in a proceeding concerning a civil citation issued under that section for a violation of Title 21, Subtitle 8 of the Transportation Article without authentication.
(c)    A recorded image of a motor vehicle produced by a school bus monitoring camera in accordance with § 21–706.1 of the Transportation Article is admissible in a proceeding concerning a civil citation issued under that section for a violation of § 21–706 of the Transportation Article without authentication.
(d)    A recorded image of a motor vehicle produced by a vehicle height monitoring system in accordance with § 24–111.3 of the Transportation Article is admissible in a proceeding concerning a civil citation issued under that section for a violation of a State or local law restricting the presence of certain vehicles during certain times without authentication.
(e)    A recorded image of a motor vehicle produced by a bus lane monitoring system in accordance with § 21–1134 of the Transportation Article is admissible in a proceeding concerning a civil citation issued under that section for a violation of § 21–1133 of the Transportation Article without authentication.
(f)    In any other judicial proceeding, a recorded image produced by a vehicle height monitoring system, traffic control signal monitoring system, speed monitoring system, work zone speed control system, school bus monitoring camera, or bus lane monitoring system is admissible as otherwise provided by law.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 10 - Evidence › Subtitle 3 - Motor Vehicle Laws › Section 10-312 - Admissibility of Test Results in Prosecution for Diesel Emissions Standard Violation

(a)    Subject to subsection (b) of this section, in a prosecution for a diesel emissions standard violation under Title 23, Subtitle 4 of the Transportation Article, emissions test results from emissions test equipment as described in § 23-402 of the Transportation Article are admissible at trial in any court with jurisdiction over the proceeding in the State.
(b)    If at the time of testing, a diesel vehicle fails to meet the emissions standard established under Title 23, Subtitle 4 of the Transportation Article, the failure to meet the established emissions standard shall be prima facie evidence that the operator of the diesel vehicle violated the provisions of Title 23, Subtitle 4 of the Transportation Article.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 10 - Evidence › Subtitle 4 - Wiretapping and Electronic Surveillance › Section 10-404 - Forfeiture of Device

Any electronic, mechanical, or other device used, manufactured, assembled, possessed, or sold, in violation of § 10-402 or § 10-403 of this subtitle may be seized and forfeited to the Department of State Police.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 10 - Evidence › Subtitle 4 - Wiretapping and Electronic Surveillance › Section 10-405 - Admissibility of Evidence

(a)    Except as provided in subsection (b) of this section, whenever any wire, oral, or electronic communication has been intercepted, no part of the contents of the communication and no evidence derived therefrom may be received in evidence in any trial, hearing, or other proceeding in or before any court, grand jury, department, officer, agency, regulatory body, legislative committee, or other authority of this State, or a political subdivision thereof if the disclosure of that information would be in violation of this subtitle.
(b)    If any wire, oral, or electronic communication is intercepted in any state or any political subdivision of a state, the United States or any territory, protectorate, or possession of the United States, including the District of Columbia in accordance with the law of that jurisdiction, but that would be in violation of this subtitle if the interception was made in this State, the contents of the communication and evidence derived from the communication may be received in evidence in any trial, hearing, or other proceeding in or before any court, grand jury, department, officer, agency, regulatory body, legislative committee, or other authority of this State, or any political subdivision of this State if:
(1)    At least one of the parties to the communication was outside the State during the communication;
(2)    The interception was not made as part of or in furtherance of an investigation conducted by or on behalf of law enforcement officials of this State; and
(3)    All parties to the communication were co–conspirators in a crime of violence as defined in § 14–101 of the Criminal Law Article.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 10 - Evidence › Subtitle 4 - Wiretapping and Electronic Surveillance › Section 10-406 - Attorney General, State Prosecutor or State's Attorney May Apply for Order Authorizing Interception

(a)    The Attorney General, State Prosecutor, or any State’s Attorney may apply to a judge of competent jurisdiction, and the judge, in accordance with the provisions of § 10–408 of this subtitle, may grant an order authorizing the interception of wire, oral, or electronic communications by investigative or law enforcement officers when the interception may provide or has provided evidence of the commission of:
(1)    Murder;
(2)    Kidnapping;
(3)    Rape;
(4)    A sexual offense in the first or second degree;
(5)    Child abuse in the first or second degree;
(6)    Child pornography under § 11–207, § 11–208, or § 11–208.1 of the Criminal Law Article;
(7)    Gambling;
(8)    Robbery under § 3–402 or § 3–403 of the Criminal Law Article;
(9)    A felony under Title 6, Subtitle 1 of the Criminal Law Article;
(10)    Bribery;
(11)    Extortion;
(12)    Dealing in a controlled dangerous substance, including a violation of § 5–617 or § 5–619 of the Criminal Law Article;
(13)    A fraudulent insurance act, as defined in Title 27, Subtitle 4 of the Insurance Article;
(14)    An offense relating to destructive devices under § 4–503 of the Criminal Law Article;
(15)    A human trafficking offense under Title 3, Subtitle 11 of the Criminal Law Article;
(16)    Sexual solicitation of a minor under § 3–324 of the Criminal Law Article;
(17)    An offense relating to obstructing justice under § 9–302, § 9–303, or § 9–305 of the Criminal Law Article;
(18)    Sexual abuse of a minor under § 3–602 of the Criminal Law Article;
(19)    A theft scheme or continuing course of conduct under § 7–103(f) of the Criminal Law Article involving an aggregate value of property or services of at least $10,000;
(20)    Abuse or neglect of a vulnerable adult under § 3–604 or § 3–605 of the Criminal Law Article;
(21)    An offense relating to Medicaid fraud under §§ 8–509 through 8–515 of the Criminal Law Article;
(22)    An offense involving a firearm under § 5–134, § 5–136, § 5–138, § 5–140, § 5–141, or § 5–144 of the Public Safety Article; or
(23)    A conspiracy or solicitation to commit an offense listed in items (1) through (22) of this subsection.
(b)    No application or order shall be required if the interception is lawful under the provisions of § 10-402(c) of this subtitle.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 10 - Evidence › Subtitle 4 - Wiretapping and Electronic Surveillance › Section 10-410 - Civil Liability; Defense to Civil or Criminal Action

(a)    Any person whose wire, oral, or electronic communication is intercepted, disclosed, or used in violation of this subtitle shall have a civil cause of action against any person who intercepts, discloses, or uses, or procures any other person to intercept, disclose, or use the communications, and be entitled to recover from any person:
(1)    Actual damages but not less than liquidated damages computed at the rate of $100 a day for each day of violation or $1,000, whichever is higher;
(2)    Punitive damages; and
(3)    A reasonable attorney’s fee and other litigation costs reasonably incurred.
(b)    A good faith reliance on a court order or legislative authorization shall constitute a complete defense to any civil or criminal action brought under this subtitle or under any other law.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 10 - Evidence › Subtitle 4 - Wiretapping and Electronic Surveillance › Section 10-411 - Registration of Intercepting Devices; Serial Number

(a)    Law enforcement agencies in the State shall register with the Department of State Police all electronic, mechanical or other devices whose design renders them primarily useful for the purpose of the surreptitious interception of wire, oral, or electronic communications which are owned by them or possessed by or in the control of the agency, their employees or agents. All such devices shall be registered within ten days from the date on which the devices came into the possession or control of the agency, their employees or agents.
(b)    Information to be furnished with such registration shall include the name and address of the agency as well as a detailed description of each device registered and further information as the State Court Administrator may require.
(c)    A serial number shall be issued for each device registered pursuant to this section, which number shall be affixed or indicated on the device in question.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 10 - Evidence › Subtitle 4 - Wiretapping and Electronic Surveillance › Section 10-412 - Breaking and Entering, etc., to Place or Remove Equipment

Any person who breaks and enters, enters under false pretenses, or trespasses, upon any premises with the intent to place, adjust or remove wiretapping or electronic surveillance or eavesdropping equipment without a court order is guilty of a felony and upon conviction may be imprisoned for not more than ten years.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 10 - Evidence › Subtitle 4 - Wiretapping and Electronic Surveillance › Section 10-414 - Obstruction, Impediment, or Prevention of Interception

(a)    A person who has knowledge that an investigative or law enforcement officer has been authorized or has applied for authorization under this subtitle to intercept wire, oral, or electronic communications, may not give notice or attempt to give notice of an authorized interception or pending application for authorization for interception to any other person in order to obstruct, impede or prevent such interception.
(b)    A person who violates the provisions of subsection (a) of this section is guilty of a felony and, upon conviction, is subject to a fine not exceeding $10,000 or imprisonment not exceeding 5 years, or both.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 10 - Evidence › Subtitle 4A - Stored Wire and Electronic Communications and Transactional Records Access › Section 10-4A-01 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    The following words have the meanings stated in § 10–401 of this title:
(1)    Aggrieved person;
(2)    Aural transfer;
(3)    Communications common carrier;
(4)    Contents;
(5)    Electronic communication;
(6)    Electronic communication service;
(7)    Electronic communications system;
(8)    Electronic, mechanical, or other device;
(9)    Electronic storage;
(10)    Intercept;
(11)    Investigative or law enforcement officer;
(12)    Judge of competent jurisdiction;
(13)    Oral communication;
(14)    Person;
(15)    Readily accessible to the general public;
(16)    User; and
(17)    Wire communication.
(c)    “Remote computing service” means the provision to the public of computer storage or processing services by means of an electronic communications system.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 10 - Evidence › Subtitle 4A - Stored Wire and Electronic Communications and Transactional Records Access › Section 10-4A-02 - Obtaining, Altering, or Preventing Authorized Access

(a)    Except as provided in subsection (c) of this section, a person may not obtain, alter, or prevent authorized access to a wire or electronic communication while it is in electronic storage in an electronic communications system by:
(1)    Intentionally accessing without authorization a facility through which an electronic communication service is provided; or
(2)    Intentionally exceeding an authorization to access a facility through which an electronic communication service is provided.
(b)    A person who violates the provisions of subsection (a) of this section is subject to the following penalties:
(1)    If the offense is committed for purposes of commercial advantage, malicious destruction or damage, or private commercial gain:
(i)    For a first offense, a fine of not more than $250,000 or imprisonment for not more than 1 year, or both; and
(ii)    For a second or subsequent offense, a fine of not more than $250,000 or imprisonment for not more than 2 years, or both; or
(2)    In any other case, a fine of not more than $5,000 or imprisonment for not more than 6 months, or both.
(c)    Subsection (a) of this section does not apply to conduct authorized:
(1)    By the person or entity providing a wire or electronic communications service;
(2)    By a user of a wire or electronic communications service with respect to a communication of or intended for that user; or
(3)    Under the provisions of this subtitle.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 10 - Evidence › Subtitle 4A - Stored Wire and Electronic Communications and Transactional Records Access › Section 10-4A-03 - Divulging Contents of Communications Generally

(a)    (1)    Except as provided in subsection (b) of this section, a person or entity providing an electronic communication service to the public may not knowingly divulge to any other person or entity the contents of a communication while the communication is in electronic storage by that service.
(2)    Except as provided in subsection (b) of this section, a person or entity providing remote computing service to the public may not knowingly divulge to any other person or entity the contents of any communication which is carried or maintained on that service:
(i)    On behalf of, and received by means of electronic transmission from, or created by means of computer processing of communications received by means of electronic transmission from, a subscriber or customer of the service; and
(ii)    Solely for the purpose of providing storage or computer processing services to a subscriber or customer, if the provider is not authorized to access the contents of any communications for purposes of providing any services other than storage or computer processing.
(b)    A person or entity may divulge the contents of a communication:
(1)    To an addressee or intended recipient of the communication or an agent of the addressee or intended recipient;
(2)    If authorized under the provisions of this subtitle;
(3)    With the lawful consent of the originator or an addressee or intended recipient of the communication, or the subscriber in the case of remote computing service;
(4)    To a person employed or authorized or whose facilities are used to forward the communication to its destination;
(5)    If necessarily incident to the rendition of the service or to the protection of the rights or property of the provider of that service; or
(6)    To a law enforcement agency, if the contents:
(i)    Were inadvertently obtained by the service provider; and
(ii)    Appear to pertain to the commission of a crime.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 10 - Evidence › Subtitle 4A - Stored Wire and Electronic Communications and Transactional Records Access › Section 10-4A-07 - Reimbursement of Costs

(a)    Except as otherwise provided in subsection (c) of this section, an investigative or law enforcement officer obtaining the contents of communications, records, or other information under § 10-4A-03, § 10-4A-04, or § 10-4A-05 of this subtitle shall pay to the person or entity assembling or providing the information a fee for reimbursement for costs that are reasonably necessary and that have been directly incurred in searching for, assembling, reproducing, or otherwise providing the information. Reimbursable costs shall include any costs due to necessary disruption of normal operations of any electronic communication service or remote computing service in which the information may be stored.
(b)    The amount of the fee authorized under subsection (a) of this section shall be mutually agreed upon by the investigative or law enforcement officer and the person or entity providing the information, or, in the absence of agreement, shall be determined by the court which issued the order for production of the information or the court in which a criminal prosecution relating to the information would be brought, if no court order was issued for production of the information.
(c)    The requirement of subsection (a) of this section does not apply with respect to records or other information maintained by a communications common carrier that relate to telephone toll records and telephone listings obtained under § 10-4A-04 of this subtitle. The court may, however, order a payment described in subsection (a) of this section if the court determines the information required is unusually voluminous in nature or otherwise caused an undue burden on the provider.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 10 - Evidence › Subtitle 4A - Stored Wire and Electronic Communications and Transactional Records Access › Section 10-4A-08 - Civil Actions

(a)    Except as provided in § 10–4A–04(d) of this subtitle, a provider of electronic communication service, subscriber, or customer aggrieved by a knowing or intentional violation of this subtitle may recover appropriate relief in a civil action against the person or entity that engaged in the violation.
(b)    In a civil action under this section, appropriate relief includes:
(1)    Appropriate preliminary and other equitable or declaratory relief;
(2)    Damages under subsection (c) of this section; and
(3)    A reasonable attorney’s fee and other litigation costs reasonably incurred.
(c)    The court may assess as damages in a civil action under this section the sum of the actual damages suffered by the plaintiff and any profits made by the violator as a result of the violation, but in no case shall a person entitled to recover receive less than $1,000.
(d)    A good faith reliance on any of the following is a complete defense to any civil or criminal action brought under this subtitle or any other State law:
(1)    A court warrant or order, a grand jury subpoena, a legislative authorization, or a statutory authorization; or
(2)    A good faith determination that § 10–402(d) of this title permitted the conduct that is the subject of the action.
(e)    A civil action under this section shall be filed within 2 years after the day on which the claimant first discovered or had a reasonable opportunity to discover the violation.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 10 - Evidence › Subtitle 4B - Pen Registers and Trap and Trace Devices › Section 10-4B-01 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Court of competent jurisdiction” means any circuit court having jurisdiction over the crime being investigated regardless of the location of the instrument or process from which a wire or electronic communication is transmitted or received.
(c)    (1)    “Pen register” means a device or process that records and decodes dialing, routing, addressing, or signaling information transmitted by an instrument or facility from which a wire or electronic communication is transmitted.
(2)    “Pen register” does not include any device or process used:
(i)    By a provider or customer of a wire or electronic communication service for billing, or recording as an incident to billing, for communications services provided by the provider or any device used by a provider or customer of a wire communication service for cost accounting or other similar purposes in the ordinary course of its business; or
(ii)    To obtain the content of a communication.
(d)    (1)    “Trap and trace device” means a device or process that captures the incoming electronic or other impulses that identify the originating number or other dialing, routing, addressing, and signaling information reasonably likely to identify the source of a wire or electronic communication.
(2)    “Trap and trace device” does not include a device or process used to obtain the content of a communication.
(e)    “Wire communication”, “electronic communication”, and “electronic communication service” have the meanings stated in § 10-401 of this title.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 10 - Evidence › Subtitle 4B - Pen Registers and Trap and Trace Devices › Section 10-4B-02 - Installation and Use Generally

(a)    Except as provided in subsection (b) of this section, a person may not install or use a pen register or a trap and trace device without first obtaining a court order under § 10-4B-04 of this subtitle.
(b)    Subsection (a) of this section does not apply to the use of a pen register or a trap and trace device by a provider of wire or electronic communication service:
(1)    Relating to the operation, maintenance, and testing of a wire or electronic service or to the protection of the rights or property of the provider, or to the protection of users of that service from abuse of service or unlawful use of service; or
(2)    To record the fact that a wire or electronic communication was initiated or completed in order to protect the provider, another provider furnishing service toward the completion of the wire communication, or a user of that service, from fraudulent, unlawful, or abusive use of service, or with the consent of the user of that service.
(c)    A person who violates subsection (a) of this section, upon conviction, is subject to a fine not exceeding $5,000 or imprisonment not exceeding 1 year, or both.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 10 - Evidence › Subtitle 4B - Pen Registers and Trap and Trace Devices › Section 10-4B-03 - Application for Order to Install and Use

(a)    An investigative or law enforcement officer may make application for an order or an extension of an order under § 10-4B-04 of this subtitle authorizing or approving the installation and use of a pen register or a trap and trace device, in writing, under oath or equivalent affirmation, to a court of competent jurisdiction of this State.
(b)    An application under subsection (a) of this section shall include:
(1)    The identity of the State law enforcement or investigative officer making the application and the identity of the law enforcement agency conducting the investigation; and
(2)    A statement under oath by the applicant that the information likely to be obtained is relevant to an ongoing criminal investigation being conducted by that agency.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 10 - Evidence › Subtitle 4B - Pen Registers and Trap and Trace Devices › Section 10-4B-04 - Order Authorizing Installation and Use

(a)    (1)    Upon an application made under § 10-4B-03 of this subtitle, the court shall enter an ex parte order authorizing the installation and use of a pen register or a trap and trace device within the jurisdiction of the court if the court finds that the information likely to be obtained by the installation and use is relevant to an ongoing criminal investigation.
(2)    On service, an order issued under paragraph (1) of this subsection shall apply to any person providing wire or electronic communication service whose assistance may facilitate the execution of the order.
(b)    An order issued under this section shall:
(1)    Specify the identity, if known, of the person to whom is leased or in whose name is listed the telephone line or other facility to which the pen register or trap and trace device is to be attached or applied;
(2)    Specify the identity, if known, of the person who is the subject of the criminal investigation;
(3)    Specify the attributes of the communications to which the order applies, including the number or other identifier and, if known, the location of the telephone line or other facility to which the pen register or trap and trace device is to be attached or applied, and, in the case of a trap and trace device, the geographic limits of the trap and trace order;
(4)    Contain a description of the offense to which the information likely to be obtained by the pen register or trap and trace device relates; and
(5)    Direct, upon the request of the applicant, the furnishing of information, facilities, and technical assistance necessary to accomplish the installation of the pen register or trap and trace device under § 10-4B-05 of this subtitle.
(c)    (1)    An order issued under this section shall authorize the installation and use of a pen register or a trap and trace device for a period not to exceed 60 days.
(2)    Extensions of an order issued under this section may be granted upon a new application for an order under § 10-4B-03 of this subtitle and upon the judicial finding required under subsection (a) of this section. An extension may not exceed 60 days.
(d)    An order authorizing or approving the installation and use of a pen register or a trap and trace device shall direct that:
(1)    The order be sealed until further order of the court; and
(2)    The person owning or leasing the line to which the pen register or a trap and trace device is attached or applied, or who is obligated by the order to provide assistance to the applicant, not disclose the existence of the pen register or trap and trace device or the existence of the investigation to the listed subscriber, or to any other person, unless or until otherwise ordered by the court.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 10 - Evidence › Subtitle 4B - Pen Registers and Trap and Trace Devices › Section 10-4B-05 - Assistance to Investigative or Law Enforcement Officer or Agency

(a)    Upon the request of an investigative or law enforcement officer of a law enforcement agency authorized to install and use a pen register under this subtitle, a provider of wire or electronic communication service, landlord, custodian, or other person shall furnish the investigative or law enforcement officer with all information, facilities, and technical assistance necessary to accomplish the installation of the pen register unobtrusively and with a minimum of interference with the services that the person ordered by the court accords the party with respect to whom the installation and use is to take place, if such assistance is directed by a court order under § 10-4B-04(b)(5) of this subtitle.
(b)    Upon the request of an officer of a law enforcement agency authorized to receive the results of a trap and trace device under this subtitle, a provider of a wire or electronic communication service, landlord, custodian, or other person shall install the device on the appropriate line and shall furnish the investigative or law enforcement officer all additional information, facilities and technical assistance including installation and operation of the device unobtrusively and with a minimum of interference with the services that the person ordered by the court accords the party with respect to whom the installation and use is to take place, if the installation and assistance is directed by a court order under § 10-4B-04(b)(5) of this subtitle. Unless otherwise ordered by the court, the results of the trap and trace device shall be furnished to the officer of a law enforcement agency, designated in the court order, at reasonable intervals during regular business hours for the duration of the order.
(c)    A provider of a wire or electronic communication service, landlord, custodian, or other person who furnishes facilities or technical assistance under this section shall be compensated for reasonable expenses incurred in providing the facilities and assistance.
(d)    Nothing in this subtitle may be construed as creating a cause of action against any provider of a wire or electronic communication service, its officers, employees, agents, or other specified persons for providing information, facilities, or assistance in accordance with the terms of a court order under §§ 10-4B-02 through 10-4B-05 of this subtitle.
(e)    A good faith reliance on a court order, a legislative authorization, or a statutory authorization is a complete defense against any civil or criminal action brought under §§ 10-4B-02 through 10-4B-05 of this subtitle or under any other law.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 10 - Evidence › Subtitle 5 - Proof of Foreign Laws › Section 10-503 - Determination of Laws to Be Made by Court; Instructions to Jury; Application of Law by Court

The determination of the laws shall be made by the court and not by the jury, and shall be reviewable. The court shall grant instructions to the jury, applying foreign law to the facts of the case as if the foreign law were domestic law. In nonjury proceedings the court shall apply foreign law to the facts of the case, as would be proper if foreign law were domestic law.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 10 - Evidence › Subtitle 5 - Proof of Foreign Laws › Section 10-504 - Evidence of Laws

A party may also present to the trial court any admissible evidence of foreign laws, but, to enable a party to offer evidence of the law in another jurisdiction or to ask that judicial notice be taken of it, reasonable notice shall be given to the adverse parties either in the pleadings or by other written notice.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 10 - Evidence › Subtitle 7 - Foreign Money-Judgments Recognition › Section 10-701 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Foreign judgment” means any judgment of a foreign state granting or denying recovery of a sum of money. It does not mean a judgment for taxes, fine, or penalty, or a judgment for support in matrimonial or family matters.
(c)    “Foreign state” means any governmental unit other than the United States, or any state, district, commonwealth, territory, insular possession thereof, or the Panama Canal Zone, the Trust Territory of the Pacific Islands, or the Ryukyu Islands.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 10 - Evidence › Subtitle 7 - Foreign Money-Judgments Recognition › Section 10-703 - Recognition and Enforcement

Except as provided in § 10–704 of this subtitle, a foreign judgment meeting the requirements of § 10–702 of this subtitle is conclusive between the parties to the extent that it grants or denies recovery of a sum of money. The foreign judgment is enforceable in the same manner as the judgment of a sister state which is entitled to full faith and credit.