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Session Laws, 1988
Volume 770, Page 5366   View pdf image
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VETOES

known that the motor vehicle was being or was to be used in
violation of this subtitle; and

(vi) A prayer that the motor vehicle be
forfeited to the State of Maryland.

(VII) AN OATH OR AFFIRMATION BY THE STATE'S
ATTORNEY THAT THE CONTENTS OF THE PETITION ARE TRUE TO THE BEST
OF THE STATE'S ATTORNEY'S KNOWLEDGE, INFORMATION AND BELIEF.

(3)  (i) Within 7 days of the filing of the petition
for forfeiture, notice of the seizure and forfeiture proceeding
shall be made by publication in one or more newspapers published
in the county in which the action is brought or, if there is no
paper published in the county, in a newspaper having a
substantial circulation in the county.

(ii) In Baltimore City within 7 days of the
filing of the petition for forfeiture, notice shall be published
in one or more of the daily newspapers published in the city.

(iii) The notice shall state the substance and
object of the forfeiture petition and shall state that any person
claiming an interest in the seized motor vehicle shall file a
defense to the petition within 15 days of the date of the notice.

(4)  (i) Any defense to the petition shall be filed
within 15 days after publication of the notice called for in
paragraph (3) of this subsection.

(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.

- 5366 -

 

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Session Laws, 1988
Volume 770, Page 5366   View pdf image
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