Ch. 674
LAWS OF MARYLAND
(d) The terms "such category" or "being in such category"
in this subtitle refer to the categories defined in subsections
(a) and (b) of this section.
(e) The term "person" when used in this subtitle with
reference to the holder of any right alleged to exist against a
person in emergency management [and civil defense] service or a
person suffering injury or damage or against a person secondarily
liable under such right, includes individuals, partnerships,
corporations, and any other forms of business association.
(f) The term "court" as used in this subtitle includes any
court of competent jurisdiction of this State, whether or not a
court of record.
17.
(a) In any action or proceeding commenced in any court, if
there shall be a default of any appearance by the defendant, the
plaintiff, before entering judgment shall file in the court an
affidavit setting forth facts showing that the defendant is not a
person in emergency management [and civil defense] service or a
person suffering injury or damage. If unable to file such
affidavit plaintiff shall in lieu thereof file an affidavit
setting forth either that the defendant is a person in emergency
management [and civil defense] service or a person suffering
injury or damage or that plaintiff is not able to determine
whether or not defendant is in such categories. If an affidavit
is not filed showing that the defendant is not a person in
emergency management [and civil defense] service or a person
suffering injury or damage, no judgment shall be entered without
first securing an order of court directing such entry, and no
such order shall be made if the defendant is in such category
until after the court shall have appointed an attorney to
represent defendant and protect his interest, and the court shall
on application make such appointment. Unless it appears that the
defendant is not in such category the court may require, as a
condition before judgment is entered, that the plaintiff file a
bond approved by the court conditioned to indemnify the
defendant, if in any such category, against any loss or damage
that he may suffer by reason of any judgment should the judgment
be thereafter set aside in whole or in part. The court may make
such other and further order or enter such judgment as in its
opinion may be necessary to protect the rights of the defendant
under this subtitle.
(b) Any person who makes or uses an affidavit required
under this section, knowing it to be false, is guilty of a
misdemeanor and shall be punishable by imprisonment not to exceed
one year or by fine not to exceed $1,000, or both.
(c) In any action or proceeding in which a person in
emergency management [and civil defense] service or a person
- 3944 -
|