MARVIN MANDEL, Governor 111
In subsection (b) the phrase "committee of
the property or of the person of a party"
is replaced with "guardian". This term is
defined in the definition section of this
subtitle.
SEC. 3-230. PROCEEDINGS UPON DEATH OF A PARTY.
(A) NOTICE.
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) AWARD AND JUDGMENT.
NOTWITHSTANDING THE , DEATH OF A PARTY, THE
ARBITRATORS SHALL PROCEED WITH A DETERMINATION AND
RETURN THEIR AWARD UPON WHICH JUDGMENT MAY BE ENTERED.
REVISOR'S NOTE: This section is new language
derived from Art. 75, §18.
Provisions of this section are incorporated
in this subtitle for two reasons: (1) They
deal with the same subject matter, to wit;
arbitration and (2) There are no similar
provisions in Art. 7. It should be noted
also that these provisions are not covered
by Rule 220 since they might apply to an
arbitration which had not yet reached the
court.
The phrase "the person succeeding to the
interest of the deceased in the matter in
contest" is replaced with "personal
representative". It may be noted that
"personal representative" is defined in the
definition section of this subtitle.
The provisions dealing with exclusion of
minors is proposed for deletion as
unnecessary since Art. 93 covers in detail
representation of a deceased party's
interest.
The provision dealing with the death of any
party prior to June 1, 1963 is proposed for
deletion as obsolete.
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