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Session Laws, 1987
Volume 769, Page 3344   View pdf image
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Ch. 743

LAWS OF MARYLAND

(ii) All defenses to a petition for forfeiture
shall be made by answer.

(5) (i) An answer shall:

1. Comply with the Maryland Rules as to
form and contents;

2.  Be divided into numbered paragraphs,
each containing a separate and distinctive averment; and

3.  Respond to each material allegation
contained in the petition, specifically admitting, denying, or
explaining the facts alleged unless the respondent is without
knowledge, or an admission or explanation would tend to
incriminate him, in either of which events he shall so state, and
such statement shall operate as a denial.

(ii) Every allegation in the petition not
denied in the answer shall be deemed admitted, except as to
persons unknown.

(iii) New or affirmative matter alleged in the
answer shall be deemed denied or avoided by the petitioner
without the need of any replication, unless the court shall order
otherwise.

(6)  (i) When all of the registered owners or secured
parties or both have answered or are in default, the case shall
be assigned for trial.

(ii) The court shall set the case for trial not
less than 30 nor more than 60 days thereafter.

(i) If the owner of the seized motor vehicle desires to
obtain possession thereof before a petition for forfeiture is
filed or before the hearing on the petition filed against the
vehicle, the clerk of the court where the criminal proceeding or
the petition for forfeiture is filed shall have an appraisal made
by the sheriff of the county or city in which the court is
located. The sheriff shall promptly inspect and render an
appraisal of the value of the vehicle and return the appraisal,
in writing, under oath, to the clerk of the court in which the
proceedings are pending. Upon the filing of the appraisal, the
owner may give bond payable to the State of Maryland, in an
amount equal to the appraised value of the vehicle plus court
costs which may accrue, with security to be approved by the
clerk, and conditioned for performance on the final judgment of
the court after the hearing on the petition, the court directs
that the motor vehicle or such interest or equity as the owner
may have therein, be forfeited, judgment may thereupon be entered
against the obligors on the bond for the penalty thereof, without
further or other proceeding, to be discharged by the payment of

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Session Laws, 1987
Volume 769, Page 3344   View pdf image
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