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Session Laws, 1981
Volume 741, Page 2095   View pdf image
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HARRY HUGHES, Governor

2095

(a) In any action or proceeding commenced in any
court, if there shall be a default of any appearance by the
defendant, the plaintiff, before entering judgment shall
file in the court an affidavit setting forth facts showing
that the defendant is not a person in [civil defense]
EMERGENCY MANAGEMENT AND CIVIL DEFENSE service or a person
suffering injury or damage. If unable to file such
affidavit plaintiff shall in lieu thereof file an affidavit
setting forth either that the defendant is a person in
[civil defense] EMERGENCY MANAGEMENT AND CIVIL DEFENSE
service or a person suffering injury or damage or that
plaintiff is not able to determine whether or not defendant
is in such categories. If an affidavit is not filed showing
that the defendant is not a person in [civil defense]
EMERGENCY MANAGEMENT AND CIVIL DEFENSE service or a person
suffering injury or damage, no judgment shall be entered
without first securing an order of court directing such
entry, and no such order shall be made if the defendant is
in such category until after the court shall have appointed
an attorney to represent defendant and protect his interest,
and the court shall on application make such appointment.
Unless it appears that the defendant is not in such category
the court may require, as a condition before judgment is
entered, that the plaintiff file a bond approved by the
court conditioned to indemnify the defendant, if in any such
category, against any loss or damage that he may suffer by
reason of any judgment should the judgment be thereafter set
aside in whole or in part. The court may make such other
and further order or enter such judgment as in its opinion
may be necessary to protect the rights of the defendant
under this subtitle.

(c)  In any action or proceeding in which a person in
[civil defense] EMERGENCY MANAGEMENT AND CIVIL DEFENSE
service or a person suffering injury or damage is a party if
such party does not personally appear therein or is not
represented by an authorized attorney, the court may appoint
an attorney to represent him; and in such case a like bond
may be required and an order made to protect the rights of
such persons. But no attorney appointed under this subtitle
to protect a person in [civil defense] EMERGENCY MANAGEMENT
AND CIVIL DEFENSE service or a person suffering injury or
damage shall have power to waive any right of the person for
whom he is appointed or bind him by his acts.

(d)  If any judgment shall be rendered in any action or
proceeding governed by this section against any person in
[civil defense] EMERGENCY MANAGEMENT AND CIVIL DEFENSE
service or a person suffering injury or damage during the
period of being in such category or within thirty days
thereafter, and it appears that such person was prejudiced
by reason of his being a person in [civil defense] EMERGENCY
MANAGEMENT AND CIVIL DEFENSE service or a person suffering
injury or damage in making his defense thereto, such
judgment may, upon application being made by such person or
his legal representative, not later than ninety days after
the termination of being in such category, be opened by the

 

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Session Laws, 1981
Volume 741, Page 2095   View pdf image
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