reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 2 - Court Personnel › Subtitle 5A - Personnel Merit System for the Circuit Court for Baltimore City › Section 2-5A-06 - Positions Subject to System

(a)    The following positions shall be subject to the personnel merit system:
(1)    Any position to which an appointment by a clerk of the Supreme Bench of Baltimore City is authorized on or before June 30, 1982;
(2)    Any position to which an appointment by a judge of the Supreme Bench of Baltimore City is authorized on or before June 30, 1982, and that was assigned to any of the following:
(i)    The civil assignment commissioner’s office;
(ii)    The jury commissioner’s office;
(iii)    The criminal assignment commissioner’s office; or
(iv)    The juvenile court clerk’s office;
(3)    The six positions of deputy clerk of the proposed Circuit Court for Baltimore City that are created for the purpose of transferring the clerks of the several courts of the Supreme Bench to the office of the clerk of the Circuit Court for Baltimore City; and
(4)    Any position that is created or redesignated as a permanent position and assigned to the clerk of the Circuit Court for Baltimore City after January 1, 1983.
(b)    (1)    An employee in a position under subsection (a) of this section who is a member of the A, B, or C plan of the Baltimore City Employees Retirement System as of December 31, 1982, may, within 90 days after that date, make an irrevocable election to:
(i)    Remain a member of the A, B, or C plan of the Baltimore City Employees Retirement System; or
(ii)    Become a member of the Employees’ Pension System of the State of Maryland.
(2)    The State shall pay to Baltimore City, for those employees electing to remain in the City system, the necessary:
(i)    Employer contribution; and
(ii)    Employee contribution withheld from the employees’ compensation by the State in accordance with City ordinance.
(3)    For those employees electing to become members of the Employees’ Pension System of the State of Maryland, the transfer of employer and employee contributions shall be as provided in § 37-205 of the State Personnel and Pensions Article.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 2 - Court Personnel › Subtitle 5A - Personnel Merit System for the Circuit Court for Baltimore City › Section 2-5A-07 - Supreme Bench Affirmative Action Policy Applicable; Rules and Regulations

(a)    The Supreme Bench affirmative action policy that is in effect on January 1, 1983, and as amended from time to time by the judges of the Circuit Court for Baltimore City, shall apply to the personnel system.
(b)    The director of personnel shall adopt rules and regulations and establish policies necessary to administer the personnel merit system, including rules, regulations, and policies to:
(1)    Specify rules of employment and the responsibilities of the employees;
(2)    Establish a classification and compensation plan and provide for its maintenance;
(3)    Provide for a job-related program of recruitment, examination, selection, and appointment;
(4)    Provide for certification to the appointing authority of lists of candidates whose qualifications for employment have been determined by an appropriate job-related selection process;
(5)    Provide for a job-related program of evaluation, reclassification, promotion, transfer, and demotion of employees;
(6)    Establish guidelines for the discipline, supervision, termination of employees and for handling employee grievances;
(7)    Develop guidelines for hiring part-time, temporary, and contractual employees;
(8)    Establish policies governing use of leave and limitations of travel on court business;
(9)    Develop training programs and tuition reimbursement policies; and
(10)    Provide for any other guideline, procedure, or program necessary to carry out an equitable and efficient personnel system consistent with this subtitle and any other provision of law.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 2 - Court Personnel › Subtitle 6 - Officers of the District Court › Section 2-601 - Chief Clerk, Assistant Chief Clerks, Supervising Auditor, Coordinator of Commissioner Activity, Chief Administrative Clerks, and Other Clerical and Administrative Employees

(a)    There shall be a chief clerk of the District Court, four assistant chief clerks, a supervising auditor, a coordinator of commissioner activity, a chief administrative clerk in each district, a clerk in each county, and other clerical and administrative employees necessary to conduct the business of the court.
(b)    Except as otherwise provided by law, the clerical, administrative, and constabulary employees of the District Court shall be appointed by the Chief Judge of the District Court on the recommendation of the administrative judge for the district and shall be in the personnel system of the Judicial Branch.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 2 - Court Personnel › Subtitle 6 - Officers of the District Court › Section 2-602 - Appointment of Officers

(a)    The chief clerk, the assistant chief clerks, the supervising auditor, and the coordinator of commissioner activity are appointed by and serve at the pleasure of the Chief Judge of the District Court.
(b)    A chief administrative clerk is appointed by the Chief Judge of the District Court, upon the recommendation of the administrative judge of the district and serves at the pleasure of the Chief Judge of the District Court.
(c)    The chief clerk, the assistant chief clerks, the supervising auditor, the coordinator of commissioner activity, and the chief administrative clerks of the districts shall be in the personnel system of the Judicial Branch, subject to the classification authority of the Chief Judge of the Court of Appeals, and shall receive the compensation prescribed by the General Assembly.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 2 - Court Personnel › Subtitle 6 - Officers of the District Court › Section 2-603 - Duties of Officers

(a)    Subject to the direction of the Chief Judge of the District Court, the chief clerk of the District Court is responsible for the administration and day-to-day clerical operation of the District Court and its several divisions and locations. He shall perform the other duties prescribed by rule or law. He may delegate administrative duties to other clerical or administrative personnel of the District Court in a manner consistent with rule or law.
(b)    The chief administrative clerk in each district is responsible to the chief clerk of the District Court and the administrative judge of the district for the maintenance and operation of the clerical staff and work within the district, including dockets, records, and all necessary papers.
(c)    (1)    When requested to do so, a clerk of the District Court shall advise and assist, as to procedural matters only, a person in the preparation of a statement of claim or other papers required to be filed in a civil action in which the amount in controversy does not exceed $2,500.
(2)    A clerk of the District Court is not liable to any person with respect to any advice or assistance in the preparation of any statement of claim.
(d)    (1)    This subsection applies to:
(i)    A dismissal or nolle prosequi of a charge entered on the record in the District Court; and
(ii)    An indefinite postponement in the District Court of a trial of a charge by marking the charge “stet” on the docket.
(2)    Notwithstanding any other provision of law, if a  dismissal or nolle prosequi of a charge is entered or a charge is stetted, a clerk of the court:
(i)    Subject to item (ii) of this paragraph, shall mail  notice of the dismissal, nolle prosequi, or stet, as the case may be,  to the defendant and the defendant’s attorney of record if both the defendant and the defendant’s attorney of record are not present in court when the dismissal or nolle prosequi  of the charge is entered or the charge is stetted;
(ii)    May not mail a notice described in this subsection to the defendant if the defendant’s whereabouts are unknown; and
(iii)    May not mail a notice described in this subsection to the defendant or the defendant’s attorney of record if either is present in court when the dismissal or nolle prosequi of the charge  is entered or the charge is stetted.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 2 - Court Personnel › Subtitle 6 - Officers of the District Court › Section 2-604 - Constables

(a)    The Chief Judge of the District Court, upon the recommendation of the administrative judge of each district, shall appoint the number of constables required to serve process of the District Court within that district. The administrative judge shall assign the constables to the various courts or divisions of courts within his district so that every court or division of a court has at least one constable.
(b)    Constables may serve either full time or part time. Full–time constables shall be paid on the same salary scale as that set by the Secretary of Budget and Management pursuant to § 2–316 of this title for full–time deputy sheriffs in Baltimore City. Part–time constables are paid the compensation prescribed by the General Assembly, and serve at the pleasure of the Chief Judge of the District Court.
(c)    A constable who shows proper identification may ride public transportation in Baltimore City during the course of the constable’s employment without paying the fare.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 2 - Court Personnel › Subtitle 6 - Officers of the District Court › Section 2-605 - Service of Process

(a)    All civil process and papers of the District Court shall be served by the constables of the respective districts, except that the administrative judge of a particular district may order the papers and process served by the sheriff of the county.
(b)    All criminal and traffic process, including warrants and summonses for witnesses, shall be served by the constables of the respective districts, or by the sheriffs of the respective counties or by State or local police as the administrative judge of the district shall direct. However, summonses to witnesses in these cases may be served by mail, rather than by personal service, if the administrative judge of the district directs.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 2 - Court Personnel › Subtitle 6 - Officers of the District Court › Section 2-606 - Duties of Constables

A constable shall obey and execute all process directed to him from any judge of the District Court of Maryland concerning any matter within the court’s jurisdiction and shall return the process according to its command. He shall serve and levy all executions issued by a judge of the District Court, and in so doing has the same powers, responsibilities and liabilities as a sheriff or deputy sheriff acting in the same capacity if the constable has satisfactorily completed a training program from a police training school approved by the Maryland Police Training and Standards Commission.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action › Subtitle 1 - Absent Persons › Section 3-101 - Definitions

(a)    In this subtitle the following terms have the meanings indicated.
(b)    “Absentee” means a person who has disappeared.
(c)    “Court” means a court having jurisdiction as provided in § 13-105(b) of the Estates and Trusts Article.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action › Subtitle 1 - Absent Persons › Section 3-102 - Presumption of Death

If the death of a person or the date of his death is at issue, he is not presumed dead in any proceedings under this subtitle or under Title 13 of the Estates and Trusts Article, merely because he has been absent from his place of residence and not heard about for any stated period of time. The issue shall go to the court as one of fact to be determined upon the evidence. If during his absence the person has been exposed to a specific peril of death, this fact shall be considered by the court.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action › Subtitle 1 - Absent Persons › Section 3-103 - Certain Insurance Policy Provisions Invalid and Unenforceable

(a)    A provision in any policy of life or accident insurance, or in the charter or bylaws of any mutual or fraternal insurance association concerning the effect to be given to evidence of death or absence, is invalid if the policy was executed or the provision adopted after May 31, 1941.
(b)    If the policy, charter, or bylaws, executed or adopted after May 31, 1941, contains a provision which requires a beneficiary to bring suit upon a claim of death within one year or other period after the death of the insured and the fact of absence of the insured is relied upon by the beneficiary as evidence of the death, notwithstanding the provisions in the policy, charter, or bylaws, the action may be filed within the period of limitations for filing an action for breach of contract.
(c)    For purposes of this section, the period of limitations runs from the date the beneficiary gives written notice of the absence to the insurer, or if notice is not given, from the date the beneficiary last heard about the insured. The notice shall be given within one year from the date the beneficiary last heard about the absent insured.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action › Subtitle 1 - Absent Persons › Section 3-105 - Search for Absentee

(a)    Upon application, the court may direct the guardian to make search for the absentee in any manner the court considers advisable, including one or more of the following methods:
(1)    Inserting in one or more suitable periodicals a notice requesting information from any person having knowledge of the absentee’s whereabouts;
(2)    Notifying officers of justice and public welfare agencies in appropriate locations of the absentee’s disappearance; or
(3)    Engaging the services of an investigating agency.
(b)    The expenses of the search shall be taxed as costs and paid out of the property of the absentee.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action › Subtitle 1 - Absent Persons › Section 3-106 - Termination of Guardianship Proceedings

(a)    If the court declares that the person is dead, it may terminate the guardianship proceedings pursuant to § 13-221 of the Estates and Trusts Article.
(b)    Unless the court has terminated the guardianship proceeding under subsection (a) of this section, the court, after a lapse of five years from the appointment of a guardian or a lapse of one year when the person has been missing for more than 20 years, may enter a decree declaring that all interest of the absentee in his property has ceased, provided the absentee has not appeared in the meantime. The court then shall terminate the guardianship proceeding as if the absentee had died.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action › Subtitle 1 - Absent Persons › Section 3-108 - Reappearance of Absentee

An absentee who appears after the guardianship has been terminated under § 3-106 of this subtitle may not bring an action to recover any portion of his property from the distributees of his estate.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action › Subtitle 1 - Absent Persons › Section 3-109 - Insurance on Life of Absentee Not Found to Be Dead

(a)    If the guardianship is terminated under § 3-106(b) of this subtitle, the court may direct the payment to the beneficiaries of any sum due and unpaid under any policy of insurance on the life of the absentee, if the claim is uncontested by the insurer.
(b)    If the guardianship is terminated under § 3-106(b) of this subtitle and an insurer contests a claim under subsection (a) of this section, the court has jurisdiction of the matter and shall determine, with the aid of a jury if one is called for, the issue of death of the absentee and any other issue arising under the policy.
(c)    In any proceeding under this section, if the absentee is not found to be dead and the policy provides for a surrender value, the beneficiary may request the guardian to demand the payment of surrender value. The guardian’s receipt for the payment is a release to the insurer of all claims under the policy. The guardian shall pay to the beneficiary (or to the absentee’s estate, if the beneficiary has not survived the absentee) the sum so received, less the amount allowed by the court as costs of the proceedings under this section.
(d)    If the survival of a named beneficiary is not established, the provisions of this subtitle apply as if the proceeds of insurance were a part of the estate of the absentee.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action › Subtitle 1 - Absent Persons › Section 3-110 - Distribution of Property of Absentee

(a)    After termination of the guardianship under § 3-106 of this subtitle, the court shall distribute the remaining property in accordance with Title 13 of the Estates and Trusts Article, and this subtitle.
(b)    The order of distribution shall be final and binding upon any person, including the absentee.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action › Subtitle 2 - Arbitration and Award › Section 3-201 - Definitions

(a)    In this subtitle the following terms have the meanings indicated.
(b)    “Court” means a court of equity.
(c)    “Guardian” means a person appointed by a court as guardian of the person or property or both of a disabled person.
(d)    “Personal representative” means an executor, administrator, or special administrator.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action › Subtitle 2 - Arbitration and Award › Section 3-203 - Venue

(a)    An initial petition shall be filed with the court in the county:
(1)    As provided by the agreement; or
(2)    Where the arbitration hearing was held.
(b)    If the agreement does not provide for a county in which the petition shall be filed or if the hearing has not been held, the petition shall be filed with the court in:
(1)    The county where the adverse party resides;
(2)    The county where the adverse party has a place of business; or
(3)    If the adverse party has neither a residence nor a place of business in the State, any county.
(c)    A subsequent petition shall be filed with the court hearing the initial petition unless the court directs otherwise.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action › Subtitle 2 - Arbitration and Award › Section 3-205 - Petition and Notice

(a)    Except as otherwise provided, a petition under this subtitle shall be heard in the manner and upon the notice provided by law or rule of court for the procedures when a petition is filed in an action.
(b)    Unless the parties agree otherwise, notice of the initial petition for an order shall be served in the manner provided by law or rule of court for the service of summons in an action.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action › Subtitle 2 - Arbitration and Award › Section 3-206 - Validity of Arbitration Agreements; Agreements Between Employers and Employees

(a)    Except as otherwise provided in this subtitle, a written agreement to submit any existing controversy to arbitration or a provision in a written contract to submit to arbitration any controversy arising between the parties in the future is valid and enforceable, and is irrevocable, except upon grounds that exist at law or in equity for the revocation of a contract.
(b)    This subtitle does not apply to an arbitration agreement between employers and employees or between their respective representatives unless it is expressly provided in the agreement that this subtitle shall apply.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action › Subtitle 2 - Arbitration and Award › Section 3-206.1 - Validity of Arbitration Provision in Insurance Contracts

(a)    In this section, “consumer” means a party to an arbitration agreement who, in the context of the arbitration agreement, is an individual, not a business, who seeks or acquires, including by lease, any goods or services primarily for personal, family, or household purposes including financial services, health care services, or real property.
(b)    (1)    Except as provided in paragraph (2) of this subsection, any provision in an insurance contract with a consumer that requires arbitration is void and unenforceable.
(2)    This subsection does not apply to a provision that establishes an appraisal process to determine the value of property.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action › Subtitle 2 - Arbitration and Award › Section 3-207 - Order to Arbitrate

(a)    If a party to an arbitration agreement described in § 3-202 of this subtitle refuses to arbitrate, the other party may file a petition with a court to order arbitration.
(b)    If the opposing party denies existence of an arbitration agreement, the court shall proceed expeditiously to determine if the agreement exists.
(c)    If the court determines that the agreement exists, it shall order arbitration. Otherwise it shall deny the petition.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action › Subtitle 2 - Arbitration and Award › Section 3-208 - Stay of Arbitration

(a)    If a party denies existence of the arbitration agreement, he may petition a court to stay commenced or threatened arbitration proceedings.
(b)    (1)    A petition to stay arbitration shall be filed with the court where a petition to order arbitration has been filed.
(2)    If a petition for order to arbitrate has not been filed, the petition to stay arbitration may be filed in any court subject to venue provisions of Title 6 of this article.
(c)    If the court determines that existence of the arbitration agreement is in substantial and bona fide dispute, it shall try this issue promptly and order a stay if it finds for the petitioner. If the court finds for the adverse party, it shall order the parties to proceed with arbitration.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action › Subtitle 2 - Arbitration and Award › Section 3-209 - Stay of Proceedings

(a)    A court shall stay any action or proceeding involving an issue subject to arbitration if:
(1)    A petition for order to arbitrate has been filed; or
(2)    An order for arbitration has been made.
(b)    If the issue subject to arbitration is severable, the court may order the stay with respect to this issue only.
(c)    If a petition to stay has been filed with a court where any action or proceeding concerning arbitration is pending, the court’s order to arbitrate shall include the stay.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action › Subtitle 2 - Arbitration and Award › Section 3-210 - When Order Not to Be Refused

An order for arbitration shall not be refused or an arbitration proceeding stayed:
(1)    On the ground that the claim in issue lacks merit or bona fides; or
(2)    Because a valid basis for the claim sought to be arbitrated has not been shown.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action › Subtitle 2 - Arbitration and Award › Section 3-211 - Appointment of Arbitrators

(a)    If the arbitration agreement provides a method of appointment of arbitrators, this method shall be followed.
(b)    In the absence of a provision in the agreement, a party may file a petition with a court to appoint one or more arbitrators.
(c)    A court shall appoint one or more arbitrators if:
(1)    The arbitration agreement does not provide a method of appointment;
(2)    The agreed method fails or for any reason cannot be followed; or
(3)    An appointed arbitrator fails or is unable to act and his successor has not been appointed.
(d)    A court appointed arbitrator has all the powers of an arbitrator specifically named in the agreement.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action › Subtitle 2 - Arbitration and Award › Section 3-213 - Arbitration Hearing and Notice

(a)    (1)    Unless the agreement provides otherwise, the arbitrators shall designate a time and place for hearing and notify the parties, personally or by certified mail, return receipt requested, bearing a postmark from the United States Postal Service, not less than five days before the hearing.
(2)    Appearance at the hearing waives the notice.
(b)    (1)    Except as provided in § 3-215(b) of this subtitle, the arbitration hearing shall be conducted by all the arbitrators.
(2)    The arbitrators may adjourn the hearing from time to time as necessary.
(3)    Upon request of a party and for good cause shown or on their own motion, the arbitrators may postpone the hearing to a time not later than the date set by the agreement for the award, unless the parties consent to a later date.
(c)    The arbitrators may hear and determine the controversy upon the evidence produced notwithstanding the failure of a party duly notified to appear.
(d)    On petition of a party, the court may direct the arbitrators to proceed promptly with the hearing and determination of the controversy.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action › Subtitle 2 - Arbitration and Award › Section 3-214 - Rights of Parties at Arbitration Hearing; Rules of Evidence

(a)    At an arbitration hearing, the parties have the right:
(1)    To be heard;
(2)    To present evidence material to the controversy; and
(3)    To cross examine witnesses who appear at the hearing.
(b)    Arbitrators are not bound by the technical rules of evidence.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action › Subtitle 2 - Arbitration and Award › Section 3-215 - Determination by Arbitrators

(a)    The majority of the arbitrators may determine any question and render a final award.
(b)    If an arbitrator for any reason ceases to act during the course of the arbitration hearing, the remaining arbitrators or arbitrator appointed to act as neutral, may continue with a hearing and the determination of the controversy.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action › Subtitle 2 - Arbitration and Award › Section 3-216 - Right to Be Represented by Attorney; When Waiver Ineffective

(a)    A party has the right to be represented by an attorney at any proceeding or hearing under this subtitle.
(b)    A waiver of the right to be represented by an attorney prior to the proceeding or hearing is ineffective.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action › Subtitle 2 - Arbitration and Award › Section 3-217 - Authority of Arbitrators to Issue Subpoenas and Administer Oath; Service of Subpoenas

(a)    The arbitrators may issue subpoenas for the attendance of witnesses and for the production of books, records, documents, and other evidence, and have the power to administer oaths.
(b)    At the arbitration hearing a witness shall be sworn:
(1)    At the request of a party; or
(2)    At the request of a majority of the arbitrators.
(c)    (1)    A party or the arbitrators may file a petition with a court to enforce a subpoena.
(2)    A subpoena shall be enforced in the manner provided by law or rule for the enforcement of subpoenas in a civil action.
(d)    All provisions of law which compel a person under subpoena to testify apply to proceedings under this subtitle.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action › Subtitle 2 - Arbitration and Award › Section 3-218 - Depositions

On application of a party and for use as evidence, the arbitrators may permit a deposition to be taken in the manner and upon the terms designated by the arbitrators,  if:
(1)    The witness cannot be subpoenaed; or
(2)    The witness is unable to attend a hearing.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action › Subtitle 2 - Arbitration and Award › Section 3-219 - Arbitration Award

(a)    The arbitration award shall be in writing and signed by the arbitrators who joined in the award.
(b)    (1)    The arbitration award shall be made within the time set by the agreement.
(2)    If the agreement does not set a time, a party may petition a court to set the time.
(3)    The parties may extend the time for making an award in writing at any time.
(c)    The arbitrators shall deliver a copy of the award to each party:
(1)    As provided in the agreement;
(2)    Personally; or
(3)    By certified mail, return receipt requested, bearing a postmark from the United States Postal Service.
(d)    A party waives the objection that an award was not made within the time required unless he notifies the arbitrators of his objection prior to the delivery of the award to him.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action › Subtitle 2 - Arbitration and Award › Section 3-220 - Transcript of Proceedings

(a)    The arbitrators may, and on application of a party shall, order that part or all of the proceedings be transcribed.
(b)    The record made from the transcript shall be available to either side for purpose of appeal or otherwise.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action › Subtitle 2 - Arbitration and Award › Section 3-221 - Expenses and Fees

(a)    Unless the arbitration agreement provides otherwise, the award shall provide for payment of the arbitrators’ expenses, fees, and any other expense incurred in the conduct of the arbitration.
(b)    Unless the arbitration agreement provides otherwise, the award may not include counsel fees.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action › Subtitle 2 - Arbitration and Award › Section 3-222 - Modification or Correction of Award

(a)    A party may apply to the arbitrators to modify or correct an award within 20 days after delivery of the award to the applicant.
(b)    A written notice of an application to modify or correct the award shall be given to the opposing party, stating that he shall serve any objection to the application within ten days.
(c)    The arbitrators may modify or correct an award:
(1)    On the grounds stated in § 3-223(b)(1), (2), or (3) of this subtitle; or
(2)    For the purpose of clarity.
(d)    The arbitrators shall modify or correct an award consistent with the order of court, if a petition under § 3-223, § 3-224, or § 3-227 of this subtitle is pending.
(e)    The modified or corrected award is subject to the provisions of §§ 3-223, 3-224, and 3-227 of this subtitle.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action › Subtitle 2 - Arbitration and Award › Section 3-223 - Correction or Modification of Award by Court

(a)    A petition to modify or correct the award shall be filed within 90 days after delivery of a copy of the award to the applicant.
(b)    The court shall modify or correct the award if:
(1)    There was an evident miscalculation of figures or an evident mistake in the description of any person, thing, or property referred to in the award;
(2)    The arbitrators have awarded upon a matter not submitted to them and the award may be corrected without affecting the merits of the decision upon the issues submitted; or
(3)    The award is imperfect in a matter of form, not affecting the merits of the controversy.
(c)    If the petition is granted, the court shall modify or correct the award to effect its intent and confirm the award as modified or corrected. Otherwise, the court shall confirm the award as made.
(d)    An application to modify or correct an award may be joined, in the alternative, with an application to vacate the award.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action › Subtitle 2 - Arbitration and Award › Section 3-224 - Vacating Award

(a)    (1)    Except as provided in paragraph (2), a petition to vacate the award shall be filed within 30 days after delivery of a copy of the award to the petitioner.
(2)    If a petition alleges corruption, fraud, or other undue means it shall be filed within 30 days after the grounds become known or should have been known to the petitioner.
(b)    The court shall vacate an award if:
(1)    An award was procured by corruption, fraud, or other undue means;
(2)    There was evident partiality by an arbitrator appointed as a neutral, corruption in any arbitrator, or misconduct prejudicing the rights of any party;
(3)    The arbitrators exceeded their powers;
(4)    The arbitrators refused to postpone the hearing upon sufficient cause being shown for the postponement, refused to hear evidence material to the controversy, or otherwise so conducted the hearing, contrary to the provisions of § 3-213 of this subtitle, as to prejudice substantially the rights of a party; or
(5)    There was no arbitration agreement as described in § 3-206 of this subtitle, the issue was not adversely determined in proceedings under § 3-208 of this subtitle, and the party did not participate in the arbitration hearing without raising the objection.
(c)    The court shall not vacate the award or refuse to confirm the award on the ground that a court of law or equity could not or would not grant the same relief.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action › Subtitle 2 - Arbitration and Award › Section 3-225 - Rehearing Before Arbitrators

(a)    If any award is vacated on grounds other than those stated in § 3-224(b)(5) of this subtitle, the court may order a rehearing before new arbitrators selected by the parties as provided by the agreement, or by the court in the absence of an agreement as provided in § 3-211 of this subtitle.
(b)    If the award is vacated on grounds set forth in § 3-224(b)(3) and (4) of this subtitle, the court may order a rehearing before the arbitrators who made the award or their successors appointed in accordance with § 3-211 of this subtitle.
(c)    The time within which the agreement requires the award to be made is applicable to the rehearing and commences from the date of the order or at a time specified by the court.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action › Subtitle 2 - Arbitration and Award › Section 3-227 - Confirmation of Award by Court

(a)    A party may petition the court to confirm the award.
(b)    The court shall confirm the award, unless the other party has filed an application to vacate, modify, or correct the award within the time provided in §§ 3-222 and 3-223 of this subtitle.
(c)    If an application to vacate, modify, or correct the award has been filed, the court shall proceed as provided in §§ 3-223 and 3-224 of this subtitle.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action › Subtitle 2 - Arbitration and Award › Section 3-228 - Judgment, Costs, and Disbursements

(a)    (1)    If an order confirming, modifying, or correcting an award is granted, a judgment shall be entered in conformity with the order.
(2)    The judgment may be enforced as any other judgment.
(b)    A court may award costs of the petition, the subsequent proceedings, and disbursements.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action › Subtitle 2 - Arbitration and Award › Section 3-229 - Death or Incompetence of Party

(a)    Notwithstanding the death of a party who made a written agreement to submit a controversy to arbitration, the arbitration proceedings may begin or continue if an application has been filed by or notice given to his personal representative.
(b)    If a guardian has been appointed, the proceedings may be continued:
(1)    Upon the application of the guardian; or
(2)    Upon the notice to the guardian.
(c)    Upon the death or incompetence of a party, the court may extend the time within which a petition to confirm, vacate, or modify the award, or to stay arbitration, must be made.
(d)    If a party dies after an award was delivered, the subsequent proceedings are the same as where a party dies after a verdict.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action › Subtitle 2 - Arbitration and Award › Section 3-230 - Proceedings Upon Death of a Party

(a)    If a party dies before an award is returned and judgment rendered, the cause does not abate and the arbitrators shall give a reasonable notice of the pending proceedings to the personal representative.
(b)    Notwithstanding the death of a party, the arbitrators shall proceed with a determination and return their award upon which judgment may be entered.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action › Subtitle 2A - Health Care Malpractice Claims › Section 3-2A-01 - Definitions

(a)    In this subtitle the following terms have the meanings indicated unless the context of their use requires otherwise.
(b)    “Arbitration panel” means the arbitrators selected to determine a health care malpractice claim in accordance with this subtitle.
(c)    “Court” means a circuit court for a county.
(d)    “Director” means the Director of the Health Care Alternative Dispute Resolution Office.
(e)    “Economic damages” retains its judicially determined meaning.
(f)    (1)    “Health care provider” means a hospital, a related institution as defined in § 19-301 of the Health - General Article, a medical day care center, a hospice care program, an assisted living program, a freestanding ambulatory care facility as defined in § 19-3B-01 of the Health - General Article, a physician, an osteopath, an optometrist, a chiropractor, a registered or licensed practical nurse, a dentist, a podiatrist, a psychologist, a licensed certified social worker-clinical, and a physical therapist, licensed or authorized to provide one or more health care services in Maryland.
(2)    “Health care provider” does not include any nursing institution conducted by and for those who rely upon treatment by spiritual means through prayer alone in accordance with the tenets and practices of a recognized church or religious denomination.
(g)    “Medical injury” means injury arising or resulting from the rendering or failure to render health care.
(h)    “Noneconomic damages” means:
(1)    In a claim for personal injury, pain, suffering, inconvenience, physical impairment, disfigurement, loss of consortium, or other nonpecuniary injury; or
(2)    In a claim for wrongful death, mental anguish, emotional pain and suffering, loss of society, companionship, comfort, protection, care, marital care, parental care, filial care, attention, advice, counsel, training, guidance, or education, or other noneconomic damages authorized under Subtitle 9 of this title.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action › Subtitle 2A - Health Care Malpractice Claims › Section 3-2A-02 - Exclusiveness of Procedures

(a)    (1)    All claims, suits, and actions, including cross claims, third-party claims, and actions under Subtitle 9 of this title, by a person against a health care provider for medical injury allegedly suffered by the person in which damages of more than the limit of the concurrent jurisdiction of the District Court are sought are subject to and shall be governed by the provisions of this subtitle.
(2)    An action or suit of that type may not be brought or pursued in any court of this State except in accordance with this subtitle.
(3)    Except for the procedures stated in § 3-2A-06(f) of this subtitle, an action within the concurrent jurisdiction of the District Court is not subject to the provisions of this subtitle.
(b)    A claim filed under this subtitle and an initial pleading filed in any subsequent action may not contain a statement of the amount of damages sought other than that they are more than a required jurisdictional amount.
(c)    (1)    In any action for damages filed under this subtitle, the health care provider is not liable for the payment of damages unless it is established that the care given by the health care provider is not in accordance with the standards of practice among members of the same health care profession with similar training and experience situated in the same or similar communities at the time of the alleged act giving rise to the cause of action.
(2)    (i)    This paragraph applies to a claim or action filed on or after January 1, 2005.
(ii)    1.    In addition to any other qualifications, a health care provider who attests in a certificate of a qualified expert or testifies in relation to a proceeding before a panel or court concerning a defendant’s compliance with or departure from standards of care:
A.    Shall have had clinical experience, provided consultation relating to clinical practice, or taught medicine in the defendant’s specialty or a related field of health care, or in the field of health care in which the defendant provided care or treatment to the plaintiff, within 5 years of the date of the alleged act or omission giving rise to the cause of action; and
B.    Except as provided in subsubparagraph 2 of this subparagraph, if the defendant is board certified in a specialty, shall be board certified in the same or a related specialty as the defendant.
2.    Subsubparagraph 1B of this subparagraph does not apply if:
A.    The defendant was providing care or treatment to the plaintiff unrelated to the area in which the defendant is board certified; or
B.    The health care provider taught medicine in the defendant’s specialty or a related field of health care.
(d)    Except as otherwise provided, the Maryland Rules shall apply to all practice and procedure issues arising under this subtitle.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action › Subtitle 2A - Health Care Malpractice Claims › Section 3-2A-03A - Health Claims Arbitration Fund

(a)    There is a Health Claims Arbitration Fund.
(b)    At the time of the filing of any claim or a response to a claim, the Director shall collect a fee of:
(1)    $40 for the filing of the claim, including any third–party claim; and
(2)    $25 for the filing of the response to the claim.
(c)    (1)    The Director shall pay all filing fees collected under this subtitle to the Comptroller of the State.
(2)    The Comptroller shall distribute:
(i)    20% of the filing fees received from the Director to the General Fund of the State; and
(ii)    The balance of the filing fees to the Health Care Alternative Dispute Resolution Office.
(d)    (1)    The Fund shall be used exclusively to pay the fees of arbitrators and other operating expenses of the Health Care Alternative Dispute Resolution Office.
(2)    In accordance with the assessment of costs under § 3–2A–05(f) of this subtitle, the parties to an arbitration shall reimburse the Fund for all fees paid to the arbitrators from the Fund.
(e)    (1)    The Fund is a continuing, nonlapsing fund and is not subject to § 7–302 of the State Finance and Procurement Article.
(2)    (i)    Subject to subparagraph (ii) of this paragraph, any unspent portions of the Fund may not be transferred or revert to the General Fund of the State, but shall remain in the Fund to be used for the purposes specified under this subtitle.
(ii)    Unspent portions of the Fund that exceed $100,000 at the end of any fiscal year shall revert to the General Fund.
(f)    (1)    The Director shall administer the Fund.
(2)    Money in the Fund may be expended only for any lawful purpose authorized by this subtitle.
(g)    The Legislative Auditor shall audit the accounts and transactions of the Fund as provided in § 2–1220 of the State Government Article.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action › Subtitle 2A - Health Care Malpractice Claims › Section 3-2A-07 - Award of Costs; Counsel Fees

(a)    If the arbitration panel finds that the conduct of any party in maintaining or defending any action is in bad faith or without substantial justification, the panel may require the offending party, the attorney advising the conduct, or both, to pay to the adverse party the costs of the proceeding and reasonable expenses, including reasonable attorney’s fees, incurred by the adverse party in opposing it. A determination made under this subsection shall become part of the panel award and subject to judicial review.
(b)    If a legal fee is in dispute, an attorney may not charge or collect compensation for services rendered in connection with an arbitration claim unless it is approved by the arbitration panel, or by the court in the event an action to nullify a panel determination has been filed therein.