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Session Laws, 1982
Volume 742, Page 162   View pdf image
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162

LAWS OF MARYLAND

Ch. 21

"books, papers, documents or other tangible
things". Similarly, paragraph (2) of this
subsection is revised to refer to "production of
evidence".

Also in paragraph (1) of this subsection, the
former specific power to "certify to official
acts" is deleted as unnecessary.

In paragraph (2) of this subsection, the
reference to a failure "to comply with a lawful
order" is new language added to provide for
enforcement of the power to administer oaths. In
light of this addition, the former specific
reference to a "refusal of any witness to
testify" is deleted as unnecessary.

Also in paragraph (2) of this subsection, the
phrase "a court ... may compel obedience" is
substituted for the directive that "it shall be
the duty of the ... court ... to compel
obedience", which was misleading in light of the
prerogatives of courts.

Also in paragraph (2) of this subsection, the
reference to a "court of competent jurisdiction"
is substituted for the references to specific
courts and the judges, for brevity and conformity
to similar provisions elsewhere in the Code.

Also in paragraph (2) of this subsection, the
former reference to an "attachment" proceeding is
deleted as an overly narrow reference to the
forms of contempt proceedings.

In paragraph (3) of this subsection, references
to "mileage" are added for conformity to CJ §
9-202, which provides for compensation of
witnesses in civil cases. This addition is
implicit in the former reference to "compensation
from the State for attendance or travel".

The only other changes are in style.

As to paragraph (1) of this subsection and oaths,
see Article 1, § 9 of the Code, which authorizes
an affirmation to be made in place of an "oath".

As to paragraph (1) of this subsection and
depositions, see Chapter 400 of the Maryland
Rules.

Defined terms: "Department" § 1-101
"Person" § 1-101 "Secretary" § 1-101

 

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Session Laws, 1982
Volume 742, Page 162   View pdf image
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