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Session Laws, 1984
Volume 759, Page 2042   View pdf image
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2042

LAWS OF MARYLAND

Ch. 296

Throughout this section, the word "inquiry" is

substituted for the former repetitive phrases

"examination or inquiry" and "investigation or
inquiry".

In subsection (b)(1) of this section, the word
"person" is substituted for the former word
"witnesses", for consistency and clarity.

In subsection (b)(2) of this section, the phrase "and
affirmations", which formerly followed "oaths", is
deleted as unnecessary in light of Article 1, § 9 of
the Code.

In subsection (c)(1) of this section, the phrase
"fails to testify or comply with a request of the
State's Attorney" is substituted for the former word
"contumacy", for clarity and simplicity.

In subsection (c)(2) of this section, the word "may"
is substituted for the former word "shall", since
whether a court punishes a witness found to be in
contempt is within the discretion of the court.

Defined terms: "Complaint" § 5-1001
"County" § 1-101 "Summons" § 1-101

5-1020. NOTICE TO ALLEGED FATHER.

BEFORE THE STATE'S ATTORNEY CONDUCTS A PRETRIAL INQUIRY
UNDER THIS SUBTITLE, THE STATE'S ATTORNEY SHALL NOTIFY THE
ALLEGED FATHER IN WRITING OF:

(1)  THE TIME AND PLACE OF THE INQUIRY;

(2)  HIS RIGHT TO APPEAR AT THE INQUIRY AND TO PRODUCE
EVIDENCE OR INFORMATION THAT RELATES TO THE INQUIRY; AND

(3)  HIS RIGHT TO TESTIFY IN HIS OWN BEHALF BEFORE THE
STATE'S ATTORNEY, IF THE ALLEGED FATHER:

(I)  NOTIFIES THE STATE'S ATTORNEY OF THE
ALLEGED FATHER'S DESIRE TO TESTIFY; AND

(II)  SIGNS A WAIVER THAT PERMITS HIS TESTIMONY
TO BE USED AGAINST HIM IN THE PATERNITY PROCEEDING.

REVISOR'S NOTE: This section formerly appeared as the first
sentence of former Article 16, § 66D(b).

The introductory clause, which relates to the notice
being given before the pretrial inquiry, is new
language added for clarity.

 

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Session Laws, 1984
Volume 759, Page 2042   View pdf image
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