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Session Laws, 2003
Volume 799, Page 665   View pdf image
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ROBERT L. EHRLICH, JR., Governor                                 Ch. 5

(4) MAILING A COPY OF THE SUMMONS TO THE OFFENDER'S LAST
KNOWN RESIDENCE OR BUSINESS ADDRESS.

(D) RETURN OF SUMMONS.

(1)      IF REQUIRED, THE INDIVIDUAL WHO SERVES A SUMMONS SHALL
MAKE A RETURN OF THE SUMMONS THAT CONTAINS THE TIME, MANNER, AND PLACE
OF SERVICE.

(2)      THE RETURN MAY BE VERIFIED UNDER OATH BEFORE A
COMMISSIONED OFFICER.

(3)      A RETURN VERIFIED UNDER OATH UNDER PARAGRAPH (2) OF THIS
SUBSECTION SHALL BE ADMITTED INTO EVIDENCE AT THE TRIAL OF THE
INDIVIDUAL SUMMONED WITHOUT THE PRESENCE OR TESTIMONY OF THE
INDIVIDUAL SERVING THE SUMMONS.

REVISOR'S NOTE: This section is new language derived without substantive
change from the first two sentences of the fourth paragraph of former Art.
65, § 44 and the second paragraph of § 48.

In subsection (a)(2) of this section, the phrase "officer who issued service"
is substituted for the former phrase "officer issuing or imposing the same"
for clarity.

In subsection (b)(1) of this section, the prohibition against "charg[ing] a fee
in advance" for service of process or execution of a sentence is substituted
for the former requirement that the service or execution "be made by such
officer without tender or advancement of fee therefor," for clarity.

In the introductory language of subsection (c) of this section and in
subsection (d)(1) and (3) of this section, the references to an "individual
authorized under subsection (a) of this section" and an "individual" are
substituted for the former references to an "officer or enlisted man"
because, under subsection (a) of this section, individuals other than
officers or enlisted individuals may serve process for courts-martial.

Throughout subsection (c) of this section, the references to the "offender"
and "offender's" are substituted for the former references to the
"delinquent", "him", and "his" for consistency.

In subsection (c)(1) of this section, the former reference to "leaving" a copy
of the summons with the offender is deleted as included in the reference to
"delivering" a copy of the summons.

In subsection (c)(3) and (4) of this section, the reference to the "last known
residence" is substituted for the former phrase "last known place of abode"
to conform with other similar provisions of the Code.

In subsection (d)(3) of this section, the reference to being "admitted into
evidence" is substituted for the former reference to being "as good
evidence" for clarity.

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Session Laws, 2003
Volume 799, Page 665   View pdf image
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