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Session Laws, 2003
Volume 799, Page 664   View pdf image
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Ch. 5                                        2003 LAWS OF MARYLAND

"presidents of courts-martial and summary court officers" for brevity.

Also in the introductory language of this section, the reference to
"presiding over a court-martial" is substituted for the former reference to
"sit[ting] on a military court" for clarity.

In item (1) of this section, the reference to an "individual" is substituted for
the former reference to "persons". See General Revisor's Note to title.

Also in item (1) of this section, the former reference to an order "in writing
from the convening authority" is deleted as surplusage.

In item (2) of this section, the reference to a subpoena "to attend, give
testimony, or produce documents or other tangible things" is substituted
for the former reference to a subpoena and "subpoena duces tecum" to
conform with current terminology regarding subpoenas. See Md. Rule
2-510.

In item (3) of this section, the reference "documents and other tangible
things" is substituted for the former reference "books and papers" to
conform with the court's subpoena power in item (2) of this section.

The balance of the third paragraph of former Art. 65, § 44 is revised in §
13-801 of this subtitle.

13-805. SERVICE OF PROCESS; EXECUTION OF SENTENCE.

(A)     DUTY OF INDIVIDUALS.

(1)      ANY SHERIFF, DEPUTY SHERIFF, OR POLICE OFFICER, OR A MEMBER
OF THE ORGANIZED MILITIA APPOINTED BY THE COURT-MARTIAL SHALL SERVE
PROCESS AND EXECUTE A SENTENCE OF A COURT-MARTIAL OF THE STATE.

(2)      THE INDIVIDUAL WHO SERVES PROCESS SHALL MAKE A RETURN OF
SERVICE TO THE OFFICER WHO ISSUED SERVICE.

(B)     COSTS.

(1)      AN INDIVIDUAL MAY NOT CHARGE A FEE IN ADVANCE FOR SERVICE
OF PROCESS OR EXECUTION OF A SENTENCE.

(2)      COSTS OF SERVICE OF PROCESS OR EXECUTION OF A SENTENCE
SHALL BE PAID FROM FUNDS APPROPRIATED TO THE DEPARTMENT.

(C)     SERVICE OF A SUMMONS.

AN INDIVIDUAL AUTHORIZED UNDER SUBSECTION (A) OF THIS SECTION SHALL
SERVE A SUMMONS TO APPEAR BEFORE A COURT-MARTIAL BY:

(1)      DELIVERING A COPY OF THE SUMMONS TO THE OFFENDER;

(2)      READING A COPY OF THE SUMMONS TO THE OFFENDER;

(3)      LEAVING A COPY OF THE SUMMONS AT THE OFFENDER'S LAST
KNOWN RESIDENCE OR PLACE OF BUSINESS; OR

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Session Laws, 2003
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