reglab/statecodes huggingface dataset:
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-08 - Effect of Advance Payment

(a)    Evidence of advanced payments made pursuant to § 19-104(b) of the Insurance Article is not admissible in any arbitration or judicial proceeding for damages due to medical injury until there is an award, in the case of arbitration proceedings, or a verdict, in the case of judicial proceedings, in favor of the claimant and against the person who made the advanced payments. Upon the finding of such an award or verdict, the arbitration panel, or the trier of fact, shall make a finding of total damages, and shall then deduct whatever amounts it finds were paid by or on behalf of the defendants pursuant to § 19-104(b) of the Insurance Article. The net amount, after this deduction, shall be entered as its award or verdict.
(b)    If the award or verdict exceeds the amount of advanced payments and the arbitration panel or the court finds that the advanced payments were reasonable, the panel or the court may (1) order that the amount by which the award or verdict exceeds the amount of advanced payments be paid over a period of time consistent with the needs of the claimant, rather than in a lump sum, and (2) authorize, as part of its order, the creation of a trust or other mechanism to assure the periodic payments. The panel or court shall provide to the claimant the option to choose either a lump sum or payments paid over a period of time.
(c)    If the advanced payment exceeds the liability of the person making it, the arbitration panel or the court on appeal may order such adjustments as justice may require under the award or verdict, including, where appropriate, contribution by other parties found to be liable. In no event shall an advance payment in excess of the liability of the person making it be repayable by the person receiving it.
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-08A - Offer of Judgment

(a)    In this section, “costs” means the costs described under Maryland Rule 2-603.
(b)    This section does not apply to cases dismissed following a settlement.
(c)    (1)    At any time not less than 45 days before the trial begins, a party to an action for a medical injury may serve on the adverse party an offer of judgment to be taken for the amount of money specified in the offer, with costs then accrued.
(2)    When the liability of one party to another has been determined by verdict or order or judgment, but the amount or extent of the liability remains to be determined by further proceedings, a party adjudged liable or a party in whose favor liability was determined may make an offer of judgment not less than 45 days before the commencement of hearings to determine the amount or extent of liability.
(d)    (1)    If within 15 days after the service of the offer of judgment, the adverse party serves written notice that the offer is accepted, either party may then file with the court the offer and notice of acceptance together with an affidavit of service notifying the other parties of the filing of the offer and acceptance.
(2)    If the court receives the filings specified in paragraph (1) of this subsection, the court shall enter judgment.
(e)    (1)    If an adverse party does not accept an offer of judgment within the time specified in subsection (d)(1) of this section, the offer shall be deemed withdrawn and evidence of the offer is not admissible except in a proceeding to determine costs.
(2)    An offer of judgment that is not accepted does not preclude a party from making a subsequent offer of judgment in the time specified in this section.
(f)    If the judgment finally obtained is not more favorable to the adverse party than the offer, the adverse party who received the offer shall pay the costs of the party making the offer incurred after the making of the offer.
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-10 - Construction of Subtitle

Except as otherwise provided in §§ 3-2A-08A and 3-2A-09 of this subtitle, the provisions of this subtitle shall be deemed procedural in nature and may not be construed to create, enlarge, or diminish any cause of action not heretofore existing, except the defense of failure to comply with the procedures required under this subtitle.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action › Subtitle 2B - International Commercial Arbitration › Section 3-2B-01 - Definitions

(a)    In this subtitle the following terms have the meanings indicated.
(b)    “Arbitral tribunal” means a sole arbitrator or a panel of arbitrators.
(c)    (1)    “International commercial arbitration” means an arbitration in which:
(i)    The relevant place of business of at least 1 of the parties to the agreement is in a country other than the United States; or
(ii)    If none of the parties has a relevant place of business in a country other than the United States, the relationship between any of the parties to an arbitration agreement involves property located abroad, envisages performance or enforcement abroad, or has some other reasonable relation with 1 or more foreign countries.
(2)    (i)    If a party has more than 1 place of business, the relevant place of business shall be the place of business:
1.    That has the closest relationship to the arbitration agreement; or
2.    Designated by the agreement of the parties.
(ii)    If a party does not have a place of business, the party’s habitual residence shall be deemed the place of business.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action › Subtitle 2B - International Commercial Arbitration › Section 3-2B-02 - Purpose

The purpose of this subtitle is to:
(1)    Promote international commercial arbitration in this State;
(2)    Enforce arbitration agreements by parties in international commercial transactions;
(3)    Facilitate the prompt and efficient resolution by arbitration of disputes in international commercial agreements and transactions; and
(4)    Promote uniformity in the law of international commercial arbitration in the United States.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action › Subtitle 2B - International Commercial Arbitration › Section 3-2B-03 - Applicable Laws; Construction

(a)    In all matters relating to the process and enforcement of international commercial arbitration and awards, the laws of Maryland shall be the arbitration statutes and laws of the United States.
(b)    This subtitle shall be interpreted and construed as to promote uniformity in the law of international commercial arbitration in the United States.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action › Subtitle 2B - International Commercial Arbitration › Section 3-2B-04 - Jurisdiction of Courts

The circuit courts of this State shall have jurisdiction:
(1)    To enforce agreements and orders providing for international commercial arbitration;
(2)    To enter judgments on arbitration awards; and
(3)    To recognize and enforce in accordance with this subtitle arbitration awards rendered in foreign countries.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action › Subtitle 2B - International Commercial Arbitration › Section 3-2B-05 - Filing of Complaints

(a)    Any complaint filed in circuit court with respect to international commercial arbitration 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 a complaint shall be filed or if the hearing has not been held, the complaint shall be filed with the court:
(1)    In the county where the adverse party resides;
(2)    In the county where the adverse party has a place of business or owns real property; or
(3)    If the adverse party has neither a residence nor a place of business or property in the State, in Baltimore City.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action › Subtitle 2B - International Commercial Arbitration › Section 3-2B-06 - Security

(a)    Unless the arbitration agreement provides otherwise, the arbitral tribunal in an international commercial arbitration in this State may, at the request of a party and after an opportunity for any other party to the arbitration agreement to be heard, order any party to post security or countersecurity in a form satisfactory to the arbitral tribunal in an amount not to exceed the amount of that party’s claim, cross-claim, or counterclaim (excluding attorneys’ fees) if:
(1)    The party to be required to post security or countersecurity resides in a country that has not ratified and adopted the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards and does not have sufficient assets in the United States to satisfy the amount of the claim or counterclaim; or
(2)    The arbitral tribunal otherwise determines that there is good cause to require security or countersecurity.
(b)    (1)    On motion of a party to a circuit court to vacate or modify an order for security or countersecurity, a hearing shall be held promptly.
(2)    Unless the party required to post security or countersecurity establishes that an order for security or countersecurity is an abuse of discretion by the arbitral tribunal, the courts of this State shall enforce orders for security or countersecurity.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action › Subtitle 2B - International Commercial Arbitration › Section 3-2B-07 - Intervention by Court

(a)    In an international commercial arbitration proceeding in this State, a court of this State may not intervene unless otherwise permitted by this subtitle and the statutes and laws incorporated by this subtitle.
(b)    Notwithstanding any other provision of law, the court shall make any determination provided for in this subtitle without a jury.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action › Subtitle 2B - International Commercial Arbitration › Section 3-2B-08 - Appeal

(a)    A party to an action involving international commercial arbitration may appeal:
(1)    An order:
(i)    Refusing a stay of any court action involving a matter referable to arbitration;
(ii)    Denying a motion to order arbitration to proceed;
(iii)    Denying application to compel arbitration;
(iv)    Confirming or denying confirmation of an award or partial award; or
(v)    Modifying, correcting, or vacating an award;
(2)    An interlocutory order granting, continuing, or modifying an injunction against arbitration; or
(3)    A final decision with respect to an arbitration that is subject to this subtitle.
(b)    An appeal from the circuit court in an action involving international commercial arbitration may not be taken from an interlocutory order:
(1)    Granting a stay of any court action involving a matter referable to arbitration;
(2)    Directing arbitration to proceed;
(3)    Compelling arbitration; or
(4)    Refusing to enjoin an arbitration.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action › Subtitle 2C - Malpractice Claims Against Licensed Professionals › Section 3-2C-01 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Claim” means a civil action, including an original claim, counterclaim, cross-claim, or third-party claim, originally filed in a circuit court or United States District Court against a licensed professional or the employer, partnership, or other entity through which the licensed professional performed professional services that is based on the licensed professional’s alleged negligent act or omission in rendering professional services, within the scope of the professional’s license, permit, or certificate, for others.
(c)    “Licensed professional” means:
(1)    An architect licensed under Title 3 of the Business Occupations and Professions Article;
(2)    An interior designer certified under Title 8 of the Business Occupations and Professions Article;
(3)    A landscape architect licensed under Title 9 of the Business Occupations and Professions Article;
(4)    A professional engineer licensed under Title 14 of the Business Occupations and Professions Article; or
(5)    A professional land surveyor or property line surveyor licensed under Title 15 of the Business Occupations and Professions Article.
(d)    (1)    “Qualified expert” means an individual who is a licensed professional, or comparably licensed or certified professional under the laws of another jurisdiction, knowledgeable in the accepted standard of care in the same discipline as the licensed professional against whom a claim is filed.
(2)    “Qualified expert” does not include:
(i)    A party to the claim;
(ii)    An employee or partner of a party;
(iii)    An employee or stockholder of a professional corporation of which a party is a stockholder; or
(iv)    A person having a financial interest in the outcome of the claim.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action › Subtitle 2C - Malpractice Claims Against Licensed Professionals › Section 3-2C-02 - Certificate of Qualified Expert

(a)    (1)    Except as provided in subsections (b) and (c) of this section, a claim shall be dismissed, without prejudice, if the claimant fails to file a certificate of a qualified expert with the court.
(2)    A certificate of a qualified expert shall:
(i)    Contain a statement from a qualified expert attesting that the licensed professional failed to meet an applicable standard of professional care;
(ii)    Subject to the provisions of subsections (b) and (c) of this section, be filed within 90 days after the claim is filed; and
(iii)    Be served on all other parties to the claim or the parties’ attorneys of record in accordance with the Maryland Rules.
(b)    (1)    Subject to paragraph (2) of this subsection, on written request made by the claimant within 30 days of the date the claim is served, the defendant shall produce documentary evidence that would be otherwise discoverable, if the documentary evidence is reasonably necessary in order to obtain a certificate of a qualified expert.
(2)    (i)    The defendant may move for a protective order to limit the disclosure of documentary evidence requested under this subsection to protect the defendant from annoyance, embarrassment, oppression, or undue burden or expense.
(ii)    On motion by the defendant under this paragraph, the court:
1.    Shall review the claimant’s request for documentary evidence; and
2.    For good cause shown, may issue a protective order specifying the documentary evidence that the defendant is required to produce.
(3)    The time for filing a certificate of a qualified expert shall begin on the date on which the defendant’s production of the documentary evidence under paragraph (1) or (2) of this subsection is completed.
(4)    The defendant’s failure to produce the requested documentary evidence under paragraph (1) or (2) of this subsection shall constitute a waiver of the requirement that the claimant file a certificate of a qualified expert as to that defendant.
(c)    (1)    Upon written request by the claimant and a finding of good cause by the court, the court may waive or modify the requirement for the filing of the certificate of a qualified expert.
(2)    The time for filing the certificate of merit of a qualified expert shall be suspended until the court rules on the request and, absent an order to the contrary, the certificate shall be filed within 90 days of the court’s ruling.
(d)    Discovery by the defendant as to the basis of the certificate of a qualified expert shall be available.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action › Subtitle 3 - Attachment › Section 3-301 - Attachment on Judgment or Decree

(a)    A court of equity or a court of law, including the District Court, may issue an attachment on a judgment or decree in lieu of any other execution.
(b)    A plaintiff may attach a debt due the defendant on a judgment or decree of a court of law or equity, including the District Court.
(c)    If the property attached consists of a debt due the defendant on a judgment, the attachment does not prevent the issuance of execution of the judgment, provided the writ of execution shall direct the proceeds of the execution to be brought into court, subject to further order of the court to abide the result in the attachment.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action › Subtitle 3 - Attachment › Section 3-302 - Attachment Before Judgment -- Authority of Courts

A court of law including the District Court, within the limits of its jurisdiction, may issue an attachment at the commencement of the action or while it is pending against any property or credits, whether matured or unmatured, belonging to the debtor upon the application of the plaintiff in the action.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action › Subtitle 3 - Attachment › Section 3-303 - Attachment Before Judgment -- Instances When Available

(a)    An attachment before judgment may issue in any of the instances in this section.
(b)    If the debtor is a nonresident individual, or a corporation which has no resident agent in this State, and:
(1)    The debtor is a person over whom the court could exercise personal jurisdiction pursuant to §§ 6–102, 6–103, and 6–104 of this article; or
(2)    The action involves claims to property in this State which property is to be attached; or
(3)    The action is any other in which the attachment is constitutionally permitted.
(c)    If a resident individual defendant or an agent authorized to accept process for a corporation has acted to evade service.
(d)    If the debtor has absconded or is about to abscond from the State; or if an individual has removed, or is about to remove, from his place of abode in the State with intent to defraud his creditors.
(e)    (1)    If the debtor is about to assign, dispose of, conceal, or remove his property or a portion of it from the State with intent to defraud his creditors; or
(2)    If the debtor has done any of these acts, or fraudulently contracted the debt or incurred the obligation which is the subject of the pending action.
(f)    If the debtor is deceased and an adult nonresident is entitled by descent or devise from the debtor to any land or interest in land in the State, an attachment may issue against that land or interest held by descent or devise from the person indebted.
(g)    If any person who is required to be but is not licensed under the provisions of the Maryland Home Improvement Law, in an action against that person arising out of a home improvement transaction.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action › Subtitle 3 - Attachment › Section 3-304 - Attachment Before Judgment -- Actions in Which Available

(a)    An attachment under § 3-303(b), (d), and (g) of this subtitle may issue in an action based on contract, whether the damages are liquidated or unliquidated, or in an action based on tort.
(b)    An attachment under § 3-303(c), (e), and (f) of this subtitle may issue only in an action based on contract for liquidated damages.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action › Subtitle 4 - Declaratory Judgment › Section 3-401 - "Person" Defined

In this subtitle, “person” includes the State, any county, municipal corporation, or other political subdivisions of the State, or any of their units, or an individual, receiver, trustee, guardian, executor, administrator, fiduciary, or representative of any kind, or any partnership, firm, association, public or private corporation, or any other entity.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action › Subtitle 4 - Declaratory Judgment › Section 3-402 - Purpose and Construction of Subtitle

This subtitle is remedial. Its purpose is to settle and afford relief from uncertainty and insecurity with respect to rights, status, and other legal relations. It shall be liberally construed and administered.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action › Subtitle 4 - Declaratory Judgment › Section 3-403 - Jurisdiction

(a)    Except for the District Court, a court of record within its jurisdiction may declare rights, status, and other legal relations whether or not further relief is or could be claimed. An action or proceeding is not open to objection on the ground that a declaratory judgment or decree is prayed for.
(b)    The enumeration in §§ 3–406, 3–407, 3–408, and 3–408.1 of this subtitle does not limit or restrict the exercise of the general powers conferred in subsection (a) of this section in any proceeding where declaratory relief is sought and in which a judgment or decree will terminate the controversy or remove an uncertainty.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action › Subtitle 4 - Declaratory Judgment › Section 3-405 - Parties; Role of Attorney General

(a)    (1)    If declaratory relief is sought, a person who has or claims any interest which would be affected by the declaration, shall be made a party.
(2)    Except in a class action, the declaration may not prejudice the rights of any person not a party to the proceeding.
(b)    In any proceeding which involves the validity of a municipal or county ordinance or franchise, the municipality or county shall be made a party and is entitled to be heard.
(c)    If the statute, municipal or county ordinance, or franchise is alleged to be unconstitutional, the Attorney General need not be made a party but, immediately after suit has been filed, shall be served with a copy of the proceedings by certified mail. He is entitled to be heard, submit his views in writing within a time deemed reasonable by the court, or seek intervention pursuant to the Maryland Rules.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action › Subtitle 4 - Declaratory Judgment › Section 3-406 - Power to Construe

Any person interested under a deed, will, trust, land patent, written contract, or other writing constituting a contract, or whose rights, status, or other legal relations are affected by a statute, municipal ordinance, administrative rule or regulation, contract, or franchise, may have determined any question of construction or validity arising under the instrument, statute, ordinance, administrative rule or regulation, land patent, contract, or franchise and obtain a declaration of rights, status, or other legal relations under it.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action › Subtitle 4 - Declaratory Judgment › Section 3-408 - Persons Entitled to Declaration of Rights or Legal Relations in Respect to Trust or Estate of Decedent

Any person interested as or through a personal representative, trustee, guardian or other fiduciary, creditor, devisee, legatee, heir, next of kin, or beneficiary of a trust, in the administration of a trust, or of the estate of a decedent, a minor, a disabled person, or an insolvent, may have a declaration of rights or legal relations in respect to the trust or the estate of the decedent, minor, disabled person, or insolvent in order to:
(1)    Ascertain any class of creditors, devisees, legatees, heirs, next of kin, or others;
(2)    Direct the personal representative, guardian, or other fiduciary or trustees to do or abstain from doing any particular act in their fiduciary capacity; or
(3)    Determine any question arising in the administration of the estate or trust, including questions of construction of wills and other writings.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action › Subtitle 4 - Declaratory Judgment › Section 3-408.1 - Land Patent Proceedings

(a)    In this section, “Commissioner”, “land”, and “patent” have the same meanings as provided in Title 13 of the Real Property Article.
(b)    A court shall render a declaratory judgment in a land patent proceeding on being requested to do so under § 13-407 of the Real Property Article. The party filing for the declaratory judgment shall attach as exhibits copies of any relevant material filed with the Commissioner.
(c)    The declaration shall be made according to the provisions of this subtitle and Title 13 of the Real Property Article. The declaratory judgment may be appealed as provided in this article and the Maryland Rules.
(d)    The declaration of the court shall be binding on all of the land, regardless of whether some of the land is located in a county other than where the court is located.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action › Subtitle 4 - Declaratory Judgment › Section 3-409 - Discretionary Relief

(a)    Except as provided in subsection (d) of this section, a court may grant a declaratory judgment or decree in a civil case, if it will serve to terminate the uncertainty or controversy giving rise to the proceeding, and if:
(1)    An actual controversy exists between contending parties;
(2)    Antagonistic claims are present between the parties involved which indicate imminent and inevitable litigation; or
(3)    A party asserts a legal relation, status, right, or privilege and this is challenged or denied by an adversary party, who also has or asserts a concrete interest in it.
(b)    If a statute provides a special form of remedy for a specific type of case, that statutory remedy shall be followed in lieu of a proceeding under this subtitle.
(c)    A party may obtain a declaratory judgment or decree notwithstanding a concurrent common-law, equitable, or extraordinary legal remedy, whether or not recognized or regulated by statute.
(d)    Proceeding by declaratory judgment is not permitted in any case in which divorce or annulment of marriage is sought.
(e)    A court may order a speedy hearing of an action of a declaratory judgment and may advance it on the calendar.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action › Subtitle 4 - Declaratory Judgment › Section 3-412 - Supplementary Relief

(a)    Further relief based on a declaratory judgment or decree may be granted if necessary or proper.
(b)    An application for further relief shall be by petition to a court having jurisdiction to grant the relief.
(c)    If the application is sufficient, the court, on reasonable notice, shall require any adverse party whose rights have been adjudicated by the declaratory judgment or decree, to show cause why further relief should not be granted.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action › Subtitle 4 - Declaratory Judgment › Section 3-413 - Severability

The provisions of this subtitle, except the provisions of §§ 3-403(a), 3-406, and 3-411 of this subtitle, are severable. The finding by a court that a severable provision of this subtitle is invalid does not affect the validity or operation of the other provisions of this subtitle, unless the court finds that the lone remaining valid provisions are incomplete and incapable of being executed in accordance with the legislative intent.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action › Subtitle 4 - Declaratory Judgment › Section 3-414 - Uniformity of Interpretation

This subtitle shall be interpreted and construed to make uniform the law of those states which enact it, and to harmonize, as far as possible, with federal laws and regulations on the subject of declaratory judgments and decrees.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action › Subtitle 5 - Defamation › Section 3-502 - Action by Single or Married Woman or Husband

(a)    A single or married woman whose character or reputation for chastity is defamed by any person may maintain an action against that person.
(b)    The husband may maintain an action of slander against any person for words spoken falsely and maliciously about his wife for her character or reputation for chastity before or during the marriage.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action › Subtitle 5 - Defamation › Section 3-503 - Liability of Broadcasting Stations for Defamatory Statements of Candidate for Public Office -- Opponent

An owner, licensee, or operator of a television or radio station or network of stations, and his agents or employees are not liable for a defamatory statement published or uttered over the facilities of the station or network of stations by a candidate for public office as to his opponents for the office he seeks, if the publication or utterance cannot be censored by the owner, licensee, or operator under any regulation of the Federal Communications Commission or a federal statute.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action › Subtitle 5 - Defamation › Section 3-504 - Liability of Broadcasting Stations for Defamatory Statements of Candidate for Public Office -- Persons Other Than Opponent

(a)    (1)    An owner, licensee, or operator of a television or radio station or network of stations and his agents or employees may be liable for a defamatory statement published or uttered over the facilities of the station or network of stations by a candidate for public office as to a person other than his opponent.
(2)    Except as provided in subsection (b) of this section, the liability is limited to compensation for actual damages sustained.
(b)    Upon proof of actual malice on part of the owner, licensee, or operator of the broadcasting station or network of stations and his agents or employees, punitive damages may be assessed.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action › Subtitle 6 - Specific Enforcement › Section 3-601 - Specific Enforcement of Contract

A court may not refuse to specifically enforce a contract on the ground that the party seeking specific enforcement has an adequate remedy in damages unless the party resisting specific enforcement shall:
(1)    Prove that the party has property from which the damages may be collected; or
(2)    Give bond in an amount to be determined by the court and with security approved by the court, to perform the contract or pay all costs and damages that may be adjudged for breach or nonperformance against the party resisting specific enforcement.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action › Subtitle 7 - Habeas Corpus › Section 3-701 - Power to Grant Writ and Exercise Jurisdiction

A judge of the circuit court for a county, of the Court of Special Appeals, or of the Court of Appeals has the power to grant the writ of habeas corpus and exercise jurisdiction in all matters pertaining to habeas corpus.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action › Subtitle 7 - Habeas Corpus › Section 3-702 - Person Who May Apply for Writ

(a)    A person committed, detained, confined, or restrained from his lawful liberty within the State for any alleged offense or under any color or pretense or any person in his behalf, may petition for the writ of habeas corpus to the end that the cause of the commitment, detainer, confinement, or restraint may be inquired into.
(b)    (1)    Upon receiving the petition, a judge shall grant the writ of habeas corpus immediately, if it appears that the petitioner is entitled to the relief, or shall immediately refer the application to any court in the judicial circuit in which the person confined was convicted, without taking any other action on the application.
(2)    An application may not be referred to any judge who presided at the trial at which the person was convicted, except with the written consent of the applicant or the person confined.
(3)    A court to which an application for a writ has been referred shall act immediately on the application and has no power to refer or transfer the application.
(4)    In exercising discretion, the judge to whom an application for a writ is made shall consider the interests and convenience of all parties concerned, including the State.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action › Subtitle 7 - Habeas Corpus › Section 3-703 - Discretion of Judge When Prior Writ Has Been Refused

(a)    If it appears to the judge from the petition for the writ or otherwise, that a petitioner, confined as a result of sentence for a criminal offense or judgment in a juvenile proceeding has previously been given a hearing on a prior petition for release from confinement under the same commitment, it is discretionary with the judge whether or not to issue the writ.
(b)    In exercising his discretion the judge may consider whether new grounds of a substantial nature appear to exist for granting of the writ or whether the grounds for the issuance of any former writ were fully and adequately presented.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action › Subtitle 7 - Habeas Corpus › Section 3-704 - Inquiry Into Legality of Detention and Release or Remand

(a)    On return of a writ of habeas corpus and production of a person and cause of his detention before a judge, the judge shall immediately inquire into the legality and propriety of the confinement or detention.
(b)    If it appears to the judge that the person is detained without legal warrant or authority, he shall release or discharge the person immediately.
(c)    If the judge considers the detention lawful and proper, the person shall be:
(1)    Remanded to custody; or
(2)    Admitted to bail.
(d)    If the person is admitted to bail, the judge shall take a recognizance for his appearance in court and transmit it to a court having jurisdiction over the offense charged.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action › Subtitle 7 - Habeas Corpus › Section 3-705 - Persons Discharged Not to Be Imprisoned for Same Offense

(a)    Except as provided in subsection (b) of this section, a person who has been released on habeas corpus may not be imprisoned or committed in connection with the same offense.
(b)    A person who has been released on habeas corpus may be imprisoned or committed in connection with the same offense:
(1)    By order of the court for violation of the terms of his release;
(2)    By order of any court having jurisdiction over the case;
(3)    Upon surrender by his bondsman; or
(4)    Upon his conviction.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action › Subtitle 7 - Habeas Corpus › Section 3-706 - Discharge for Unconstitutionality of Law

(a)    If a person is released or discharged by a judge under the writ of habeas corpus on the ground that the law under which the person was convicted is unconstitutional, in whole or in part, the judge shall file a memorandum within five days after the release or discharge and transmit it with original papers in the case to the clerk of the Court of Special Appeals.
(b)    (1)    The Court of Special Appeals shall consider the memorandum and the original papers at the earliest feasible time and render its opinion.
(2)    The opinion has the same effect as an opinion filed in a case formally heard and determined by the court on an appeal.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action › Subtitle 7 - Habeas Corpus › Section 3-707 - Application for Leave to Appeal in Regard to Bail

(a)    If a judge refuses to issue a writ of habeas corpus sought for the purpose of determining the right to bail, or if a judge sets bail claimed to be excessive prior to trial or after conviction, but prior to final judgment, a petitioner may apply to the Court of Special Appeals for leave to appeal from the refusal.
(b)    (1)    A petitioner shall file the application for leave to appeal within ten days after the denial or grant of habeas corpus relief stating briefly why the order of the lower court should be reversed or modified.
(2)    The record on the application for leave to appeal shall contain a copy of the petition for habeas corpus, the State’s answer, if any, the order of the court, and the memorandum of reasons issued by the judge.
(3)    If the Court grants the application, it may order the preparation of a transcript of any proceedings related to the habeas corpus petition.
(c)    (1)    The Court of Special Appeals may grant or deny the application for leave to appeal. If the Court grants the application, it may affirm, reverse, or modify the order of the lower court granting or denying the relief sought by the writ.
(2)    If the Court determines that the lower court was wrong in refusing to admit to bail or that the bail set is not appropriate, it may determine the proper amount of bail. This determination is binding on the lower court, unless a change of circumstances warrants a different decision.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action › Subtitle 8 - Juvenile Causes -- Children in Need of Assistance › Section 3-802 - Purposes and Construction of Subtitle

(a)    The purposes of this subtitle are:
(1)    To provide for the care, protection, safety, and mental and physical development of any child coming within the provisions of this subtitle;
(2)    To provide for a program of services and treatment consistent with the child’s best interests and the promotion of the public interest;
(3)    To conserve and strengthen the child’s family ties and to separate a child from the child’s parents only when necessary for the child’s welfare;
(4)    To hold parents of children found to be in need of assistance responsible for remedying the circumstances that required the court’s intervention;
(5)    Except as otherwise provided by law, to hold the local department responsible for providing services to assist the parents with remedying the circumstances that required the court’s intervention;
(6)    If necessary to remove a child from the child’s home, to secure for the child custody, care, and discipline as nearly as possible equivalent to that which the child’s parents should have given;
(7)    To achieve a timely, permanent placement for the child consistent with the child’s best interests; and
(8)    To provide judicial procedures for carrying out the provisions of this subtitle.
(b)    This subtitle shall be construed liberally to effectuate these purposes.
(c)    (1)    In all judicial proceedings conducted in accordance with this subtitle or § 5-326 of the Family Law Article, the court may direct the local department to provide services to a child, the child’s family, or the child’s caregiver to the extent that the local department is authorized under State law.
(2)    The court shall exercise the authority described in paragraph (1) of this subsection to protect and advance a child’s best interests.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action › Subtitle 8 - Juvenile Causes -- Children in Need of Assistance › Section 3-803 - Jurisdiction of Court

(a)    In addition to the jurisdiction specified in Subtitle 8A of this title, the court has exclusive original jurisdiction over:
(1)    Voluntary placement hearings;
(2)    Proceedings arising from a petition alleging that a child is a CINA;
(3)    Proceedings arising under the Interstate Compact on the Placement of Children;
(4)    Proceedings to terminate parental rights after a CINA proceeding;
(5)    Guardianship review proceedings after a TPR proceeding; and
(6)    Adoption proceedings, if any, after a TPR proceeding.
(b)    (1)    The court has concurrent jurisdiction over:
(i)    Custody, visitation, support, and paternity of a child whom the court finds to be a CINA; and
(ii)    Custody of a child alleged to be a CINA under the circumstances described in § 3-819(d) of this subtitle.
(2)    During pendency of an action under this subtitle, a party has a continuing duty to advise the court and any other court considering custody, support, visitation, or paternity of a child, of the pendency of any other action concerning the child, whether the action is in this or another state.
(3)    (i)    The court may decline to exercise jurisdiction under this subsection if there is a proceeding pending in another court of competent jurisdiction.
(ii)    If the court and another court both have pending actions involving a child described in paragraph (1) of this subsection, the court shall communicate with the other court expeditiously to determine the more appropriate court to take further action, consistent with the best interest of the child.
(iii)    The court shall advise the parties of the decision and the basis for the decision.
(c)    (1)    The court has concurrent jurisdiction over proceedings against an adult for a violation of § 3-828 of this subtitle.
(2)    (i)    The court may waive its jurisdiction under this subsection on its own motion or on the motion of any party to the proceeding, if charges against the adult arising from the same incident are pending in the criminal court.
(ii)    On motion by the State’s Attorney or the adult charged under § 3-828 of this subtitle, the court shall waive its jurisdiction and the adult shall be tried in the criminal court according to the usual criminal procedure.
(3)    The age of the child at the time a petition is filed under § 3-828 of this subtitle controls the determination of jurisdiction under this subsection.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action › Subtitle 8 - Juvenile Causes -- Children in Need of Assistance › Section 3-804 - Continuing Jurisdiction; Termination of Jurisdiction

(a)    (1)    Except as provided in paragraph (2) of this subsection, the court has jurisdiction under this subtitle only if the alleged CINA or child in a voluntary placement is under the age of 18 years when the petition is filed.
(2)    The court has jurisdiction under this subtitle over a former CINA:
(i)    Whose commitment to the local department was rescinded after the individual reached the age of 18 years but before the individual reached the age of 20 years and 6 months; and
(ii)    Who did not exit foster care due to reunification, adoption, guardianship, marriage, or military duty.
(b)    If the court obtains jurisdiction over a child, that jurisdiction continues in that case until the child reaches the age of 21 years, unless the court terminates the case.
(c)    After the court terminates jurisdiction, a custody order issued by the court in a CINA case:
(1)    Remains in effect; and
(2)    May be revised or superseded only by another court of competent jurisdiction.
(d)    Notwithstanding subsection (b) of this section, if the court enters an order directing the provision of services to a child under § 3–819(c)(3) or § 3–823(h)(2)(vii) of this subtitle, the court retains jurisdiction to rule on any motion related to the enforcement, modification, or termination of the order, for as long as the order is effective.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action › Subtitle 8 - Juvenile Causes -- Children in Need of Assistance › Section 3-805 - Venue

(a)    (1)    A petition alleging that a child is a CINA shall be filed in the county where:
(i)    The child is residing when the petition is filed; or
(ii)    The act on which the petition is based allegedly occurred.
(2)    A voluntary placement petition shall be filed in the county where:
(i)    The parent or legal guardian resides;
(ii)    The former CINA’s commitment to the local department was rescinded; or
(iii)    The former CINA receives voluntary placement services.
(b)    (1)    Whenever a petition is filed other than in the county where the child resides, the court, on its own motion or on motion of a party, may transfer the case at any time to any appropriate county, including a county where:
(i)    Another case involving custody, visitation, or support of the child is pending;
(ii)    The child resides;
(iii)    A parent of the child resides; or
(iv)    The court determines it is in the child’s best interests for further proceedings concerning the child to take place.
(2)    (i)    Before the court transfers a case to another court in the State, the court shall communicate with the juvenile judge of the other court or the judge’s designee.
(ii)    The court shall advise the parties of the decision made to transfer the case and the basis for the decision.
(3)    Before the court transfers a case to a court outside the State, the court shall communicate with the other court in accordance with the Maryland Uniform Child Custody Jurisdiction Act.
(4)    (i)    Within 15 days after the court orders a transfer, the clerk of the sending court shall forward to the receiving court every document on file with the sending court.
(ii)    If a case is transferred to another court in this State, the receiving court shall treat the case as if it had been filed with that court initially and shall set hearing dates as close as practicable to those set forth in any pending orders issued by the sending court.
(c)    If information about a child is alleged to be available in another jurisdiction in or outside of this State, the court, on its own motion or on motion of a party, may use the provisions of the Maryland Uniform Child Custody Jurisdiction Act to obtain that information.