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Session Laws, 1976
Volume 734, Page 1191   View pdf image
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MARVIN MANDEL, Governor                             1191

BY adding to

Article - Courts and Judicial Proceedings

Section 6-204

Annotated Code of Maryland

(1974 Volume and 1975 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That new Section 6-204 be and it is hereby
added to Article — Courts and Judicial Proceedings, of
the Annotated Code of Maryland (1974 Volume and 1975
Supplement) to read as follows:

Article — Courts and Judicial Proceedings

6-204.

(A)          IN ACTIONS AT LAW, INCLUDING ISSUES FROM THE
ORPHANS' COURT AND APPEALS FROM THE WORKMEN'S
COMPENSATION COMMISSION, PENDING IN ANY OF THE COURTS OF
LAW OF THIS STATE, UPON SUGGESTION IN WRITING UNDER OATH
OF EITHER OF THE PARTIES TO THE ACTION AND NOT OF
COUNSEL, THAT SUCH PARTY CANNOT HAVE A FAIR AND IMPARTIAL
TRIAL IN [[THE]] THAT COUNTY OR JUDICIAL CIRCUIT IN WHICH
THE SAME MAY BE PENDING, THE COURT SHALL ORDER AND DIRECT
THE RECORD OF PROCEEDINGS IN THE ACTION TO BE TRANSMITTED
TO A COURT OF SOME OTHER COUNTY WITHIN THE CIRCUIT OR TO
SOME OTHER JUDICIAL CIRCUIT HAVING JURISDICTION IN THE
ACTION, FOR TRIAL.

(B)          THE RIGHT OF REMOVAL IS WAIVED BY A PARTY
UNLESS THE WRITTEN SUGGESTION IS FILED WITHIN 60 DAYS
AFTER THE ACTION IS AT ISSUE OR AFTER AN ISSUE FROM AN
ORPHANS' COURT OR APPEAL FROM A WORKMEN'S COMPENSATION
COMMISSION IS FILED, OR WITHIN 60 DAYS OF THE DOCKETING
OF ANY ACTION REMOVED FROM ANOTHER COUNTY OR TRANSFERRED
FROM THE DISTRICT COURT. THEREAFTER AN ACTION MAY BE
REMOVED ONLY BY ORDER OF COURT FOR GOOD CAUSE SHOWN.

(C)          IN ANY ACTION AT ISSUE ON JULY 1, 1976,
EITHER PARTY HAS A RIGHT OF REMOVAL FOR 60 DAYS
THEREAFTER OR UNTIL 5 DAYS PRECEDING THE DATE OF TRIAL,
WHICHEVER IS LESS.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act
shall take effect July 1, 1976.

Approved May 4, 1976.

CHAPTER 455
(House Bill 934)

 

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Session Laws, 1976
Volume 734, Page 1191   View pdf image
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