HARRY HUGHES, Governor

2045

COURT;

(I)  APPEARING IN THE PROCEEDING; AND

(II)  COMPLYING WITH ANY FURTHER ORDERS OF THE

(2)   INCREASE OR DECREASE ANY BOND PREVIOUSLY GIVEN BY
THE ALLEGED FATHER OR THE PREGNANT WOMAN; AND

(3)  CONDUCT ANY OTHER PRELIMINARY PROCEEDING THAT THE
COURT CONSIDERS JUST AND PROPER.

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

In subsection (b) of this section, "until the trial is
held" is substituted for the former reference to "the
interim". "In the interim" could be read to describe
the period from the filing of the complaint to the
birth of the child; the same language also could be
read to describe the period from the birth of the
child to the time of the trial. The Commission to
Revise the Annotated Code concluded that the latter
interpretation more accurately reflected legislative
intent, and revised subsection (b) of this section
accordingly. This revision is called to the attention
of the General Assembly.

In subsection (b)(1) of this section, "as provided in
§ 5-1014 of this subtitle" is substituted for the
former phrase "in such form and penalty as the court
prescribes", for clarity.

Defined term: "Complaint" § 5-1001

5-1026. ELECTION AND WAIVER OF JURY TRIAL.                                                   

(A)  WAIVER OF JURY TRIAL.

UNLESS THE ALLEGED FATHER ELECTS A JURY TRIAL, THE COURT
SHALL HEAR THE COMPLAINT WITHOUT A JURY.

(B)  WRITTEN ANSWER FILED.

IF THE ALLEGED FATHER DESIRES A JURY TRIAL, HE SHALL REQUEST
A JURY TRIAL IN WRITING AT THE TIME HE FILES A WRITTEN ANSWER TO
THE COMPLAINT.

(C)  WRITTEN ANSWER NOT FILED.

(1) IF THE ALLEGED FATHER APPEARS FOR TRIAL WITHOUT
HAVING FILED A WRITTEN ANSWER, THE COURT SHALL ADVISE HIM OF HIS
RIGHT TO HAVE THE ISSUE OF PATERNITY TRIED BY A JURY AND HE SHALL
MAKE HIS ELECTION AT THE TIME THE COURT ADVISES HIM OF THE RIGHT.