290

LAWS OF MARYLAND

[Ch. 2

NOT TESTIFY CONCERNING ANY TRANSACTION WITH OR
STATEMENT HADE BY THE DEAD OR INCOMPETENT PERSON,
PERSONALLY OR THROUGH AN AGENT SINCE DEAD, UNLESS
CALLED TO TESTIFY BY THE OPPOSITE PARTY, OR UNLESS THE
TESTIMONY OF THE DEAD OR INCOMPETENT PERSON HAS BEEN
GIVEN ALREADY IN EVIDENCE IN THE SAME PROCEEDING
CONCERNING THE SAME TRANSACTION OR STATEMENT.

REVISOR'S NOTE: This section is new language
derived from a part of Art. 35, §3. It is
known as the "Dead Man's Statute" and is
construed by the Court of Appeals very many
times. While modernizing the language and
simplifying the sentence structure for
clarification purposes, every effort is made
to retain the exact purpose of the statute as
it is construed and as it is presently
written.

SEC. 9-117. CORROBORATION WHEN IMPEACHED.

[[A PARTY, WHO HAS BEEN EXAMINED, MAY NOT
CORROBORATE HIS TESTIMONY, WHEN IMPEACHED, BY PROOF OF
HIS OWN DECLARATION MADE TO ANOTHER PERSON OUT OF THE
PRESENCE OF THE ADVERSE PARTY.]]

IT IS NOT COMPETENT, IN ANY CASE, FOR ANY PARTY TO

THE CAUSE WHO HAS BEEN EXAMINED THEREIN AS A WITNESS,

TO CORROBORATE HIS TESTIMONY WHEN IMPEACHED BY PROOF

OF HIS OWN DECLARATION OR STATEMENT MADE TO THIRD

PERSONS OUT OF THE PRESENCE AND HEARING OF THE ADVERSE
PARTY.

REVISOR'S NOTE: This section presently appears as
a portion of Art. 35, §3.

SEC. 9-118. PERSON TESTIFYING BEFORE THE GRAND JURY.

(A)   GENERAL.

THE OATH FOR A PERSON TESTIFYING BEFORE THE GRAND
JURY SHALL BE ADMINISTERED IN ONE OF THE WAYS
SPECIFIED IN THIS SECTION.

(B)   FOREMAN.

IT MAY BE ADMINISTERED IN THE PRESENCE OF THE
GRAND JURY BY THE FOREMAN OR A MEMBER APPOINTED BY THE
FOREMAN.