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Session Laws, 1973, Special Session
Volume 710, Page 231   View pdf image
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MARVIN MANDEL, Governor                                     231

military installations whether or not service
is resisted by force; however, because Art.
96 and Rule 104(d) allow service on federal
enclaves, this provision is dropped limiting
the application of this section to cases of
actual threats or violence.

SEC. 6-304. SERVICE MADE OUTSIDE OF STATE.

IF THE EXERCISE OF PERSONAL JURISDICTION IS
AUTHORIZED BY THIS TITLE, THE DEFENDANT MAY BE SERVED
WITH PROCESS WHERE HE IS FOUND, WHETHER WITHIN OR
OUTSIDE OF THE STATE.

REVISOR'S NOTE: This section presently appears as
Art. 75, §97.

This section presently appears as part of the
"long Arm Statute".

The section is separated from the other
provisions of that statute because it deals
with service of process rather than
jurisdiction over the person. There is no
intention to change the meaning of the
statute by this placement.

Rule 107 sets forth the procedure for out of
state service of process. The only other
changes made are in style.

SEC. 6-305. WITNESS OR PARTY MAY NOT BE SERVED.

(A)   ACTION WITHIN STATE.

A NON-RESIDENT PERSON WHO IS WITHIN THE STATE FOR
THE PURPOSE OF TESTIFYING IN OR PROSECUTING OR
DEFENDING AN ACTION MAY NOT BE SERVED WITH PROCESS.

(B)   PERSON PASSING THROUGH STATE.

A NON-RESIDENT PERSON PASSING THROUGH THIS STATE
TO OR FROM ANOTHER STATE IN RESPONSE TO A SUMMONS TO
TESTIFY MAY NOT BE SERVED WITH PROCESS. THIS
SUBSECTION DOES NOT APPLY TO PROCESS ARISING FROM ACTS
DONE BY THE PERSON AFTER HIS ENTRY INTO THIS STATE.

REVISOR'S NOTE: Subsection (a) is new language
derived from Art. 41, §38 and Art. 27,
§620(a). It duplicates Rule 104(g). There
is no intention to supersede the Rule.

 

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Session Laws, 1973, Special Session
Volume 710, Page 231   View pdf image
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