HARRY HUGHES, Governor

2033

REVISOR'S NOTE: This section is new language derived
without substantive change from former Article 16, §
66E(a).

In the introductory language of this section, the word
"procedure" is substituted for the former, specific
enumeration of "summons, process, notice, pleading,
and practice", for brevity.

In item (1) of this section, the phrase "under the
circumstances" is new language added for clarity.

5-1008. RESERVED.

5-1009. RESERVED.

PART III. PLEADING, PROCESS, AND PRACTICE.

5-1010. COMPLAINT.

(A)  FORM.

A COMPLAINT NEED NOT BE IN ANY PARTICULAR FORM.

(B)  LANGUAGE.

THE COMPLAINT SHALL BE WRITTEN IN SIMPLE, NONTECHNICAL
LANGUAGE.

(C)  REQUIRED CONTENTS.

THE COMPLAINT SHALL STATE THE FACTS ON WHICH THE COMPLAINT
IS BASED.

(D)  NOTICE TO ALLEGED FATHER.

THE COMPLAINT SHALL BE ACCOMPANIED BY A NOTICE TO THE
ALLEGED FATHER THAT:

(1)  HE HAS THE RIGHT TO A JURY TRIAL ON THE ISSUE OF
PATERNITY;

(2)  UNLESS HE ELECTS TO HAVE A JURY TRIAL, THE RIGHT
TO A JURY TRIAL IS WAIVED; AND

(3)  IF A JURY TRIAL IS WAIVED, THE COURT MAY DECIDE
THE ISSUE OF PATERNITY.

(E)  EFFECT OF FAILURE TO GIVE NOTICE.

A FAILURE TO GIVE THE NOTICE REQUIRED BY SUBSECTION (D) OF
THIS SECTION DOES NOT INVALIDATE THE PATERNITY PROCEEDING IF:

(1) THE ALLEGED FATHER APPEARS FOR TRIAL; AND