|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Ch. 265
|
|
|
|
|
1928
|
|
|
|
|
|
LAWS OF MARYLAND
|
|
|
|
|
|
|
|
|
|
|
|
|
|
as amended by Chapter 463, Acts of 1976, the comma which
precedes the words "who is the subject of a petition"
should follow those words.
Subsection (a) of § 10—205 of the Courts Article, as
amended by Chapter 99, Acts of 1976, contains references
to "§ 1-1" and "§1-34" of Article 43; now, therefore,
|
|
|
|
|
|
|
|
|
|
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That Sections 3-2A06(b), 3-2A08(a), 3-801(q),
and 10-205(a) of Article - Courts and Judicial
Proceedings, of the Annotated Code of Maryland (1974
Volume and 1976 Supplement) be and they are hereby
repealed and reenacted, with amendments, to read as
follows:
Article - Courts and Judicial Proceedings
3-2A06.
(b) At or before the time specified in subsection
(a) for filing and serving a notice of rejection, the
party rejecting the award shall file an action in court
to nullify the award. Failure to file this action timely
shall constitute a withdrawal of the notice of rejection.
Subject to the provisions of subsection (c), the
procedures applicable to the action including the form
and necessary allegations in the initial [pleading,
shall] PLEADING SHALL be governed by the Maryland Rules.
If any party to the proceeding elects to have the case
tried by a jury in accordance with the Maryland Rules, it
shall be tried by a jury. Otherwise, the case shall be
tried by a judge.
3-2A08.
(a) Evidence of advanced payments made pursuant to
§ [482B] 482A (c) of Article 48A of the Code is not
admissible in any arbitration or judicial proceeding for
damages due to medical injury until there is an award, in
the case of arbitration proceedings, or a verdict, in the
case of judicial proceedings, in favor of the claimant
and against the person who made the advanced payments.
Upon the finding of such an award or verdict, the
arbitration panel, or the trier of fact, shall make a
finding of total damages, and shall then deduct whatever
amounts it finds were paid by or on behalf of the
defendants pursuant to § [482B] 482A (c) of Article 48A.
The net amount, after this deduction, shall be entered as
its award or verdict.
3-801.
(g) "Party" includes a [child, who] CHILD WHO is the
subject of a [petition the] PETITION, THE child's parent,
guardian, or custodian, the petitioner and an adult who
is charged under § 3—831 of this subtitle.
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
 |
