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Session Laws, 1984
Volume 759, Page 2037   View pdf image
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HARRY HUGHES, Governor

2037

(B)  FORM.

THE ANSWER NEED NOT BE IN ANY PARTICULAR FORM.

(C)  DENIAL ON DEFENDANT'S BEHALF.

THE COURT SHALL ENTER A GENERAL DENIAL OF THE COMPLAINT ON
BEHALF OF THE DEFENDANT IF THE DEFENDANT DOES NOT:

(1)  FILE A WRITTEN ANSWER; OR

(2)  ADMIT THE MATERIAL ALLEGATIONS OF THE COMPLAINT
IN OPEN COURT.

(D)  COURT TO ENSURE THAT DEFENDANT UNDERSTANDS COMPLAINT.

TO ENSURE THAT THE DEFENDANT UNDERSTANDS THE NATURE AND
SUBSTANCE OF THE COMPLAINT, THE COURT SHALL READ OR EXPLAIN THE
COMPLAINT TO THE DEFENDANT IF THE DEFENDANT:

(1)  APPEARS FOR TRIAL WITHOUT FILING A WRITTEN
ANSWER; OR

(2)  FILES A WRITTEN ANSWER ADMITTING THE COMPLAINT
AND IS NOT REPRESENTED BY COUNSEL.

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

In the introductory language of subsection (d) of this
section, the phrase "or explain" is substituted for
the former language "or in such other manner as the
court deems sufficient", for clarity and brevity.

Defined term: "Complaint" § 5-1001

5-1013. PARTY UNDER LEGAL DISABILITY.

(A)  NEXT FRIEND OR GUARDIAN AD LITEM NOT REQUIRED.

A PARTY UNDER LEGAL DISABILITY NEED NOT PROCEED BY GUARDIAN,
COMMITTEE, OR NEXT FRIEND OR DEFEND BY GUARDIAN AD LITEM,
COMMITTEE, OR COURT-APPOINTED COUNSEL UNDER THIS SUBTITLE.

(B)  PROCEEDING BINDING ON LEGALLY DISABLED PARTY.

ANY PROCEEDING UNDER THIS SUBTITLE BY OR AGAINST A PARTY
UNDER LEGAL DISABILITY AND ANY ACTION TAKEN BY COUNSEL ON BEHALF
OF A PARTY UNDER LEGAL DISABILITY IS BINDING ON THAT PARTY AS IF
THAT PARTY WERE NOT UNDER LEGAL DISABILITY.

(C)  DUTY TO ADVISE COURT.

 

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Session Laws, 1984
Volume 759, Page 2037   View pdf image
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