798                                     LAWS OF MARYLAND                              Ch. 269

CHAPTER 269

(Senate Bill 175)

AN ACT concerning

Witnesses — Dead Man's Statute

FOR the purpose of correcting an omission in the law of
witnesses; clarifying the description of proceedings
in which certain parties may not testify concerning
transactions with or statements made by a decedent
or incompetent person; and generally relating to the
Dead Man's Statute.

BY repealing and reenacting, with amendments,

Article — Courts and Judicial Proceedings

Section 9-116

Annotated Code of Maryland

(1974 Volume and 1975 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That Section 9-116 of Article - Courts and
Judicial Proceedings, of the Annotated Code of Maryland
(1974 Volume and 1975 Supplement) be and it is hereby
repealed and reenacted, with amendments, to read as
follows:

Article — Courts and Judicial Proceedings

9-116.

A party to a proceeding by or against a personal
representative, heir, devisee, distributee, or legatee[,]
AS SUCH, IN WHICH A JUDGMENT OR DECREE MAY BE RENDERED
FOR OR AGAINST THEM, or by or against an incompetent
person, may not testify concerning any transaction with
or statement made 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.

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

Approved May 4, 1976.