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Session Laws, 2003
Volume 799, Page 706   View pdf image
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Ch. 5                                        2003 LAWS OF MARYLAND

(2) PARAGRAPH (1) OF THIS SUBSECTION APPLIES WHETHER THE CAUSE
OF ACTION ACCRUES BEFORE THE PERSON BECOMES, OR DURING THE PERIOD THAT
THE PERSON IS, A PERSON IN EMERGENCY MANAGEMENT SERVICE OR PERSON
SUFFERING INJURY OR DAMAGE.

(B) PRESUMPTION WHEN PERSON REPORTED MISSING.

(1)      (I) IF A PERSON IN EMERGENCY MANAGEMENT SERVICE IS
REPORTED MISSING, THE PERSON IS PRESUMED TO CONTINUE TO BE A PERSON IN
EMERGENCY MANAGEMENT SERVICE UNTIL THE PERSON IS ACCOUNTED FOR.

(II) IF A PERSON SUFFERING INJURY OR DAMAGE IS REPORTED
MISSING, THE PERSON IS PRESUMED TO CONTINUE TO BE A PERSON SUFFERING
INJURY OR DAMAGE UNTIL THE PERSON IS ACCOUNTED FOR

(2)      A PERIOD OF LIMITATIONS THAT BEGINS OR ENDS WITH THE DEATH
OF A PERSON IN EMERGENCY MANAGEMENT SERVICE OR PERSON SUFFERING
INJURY OR DAMAGE DOES NOT BEGIN OR END UNTIL THE DEATH:

(I)      IS IN FACT CONFIRMED; OR

(II)     IS FOUND BY A COURT.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 16A, §§ 21, 29, and 14(d).

In the introductory language of subsection (a)(1) of this section, the
reference to "any period of limitations" is substituted for the former
reference to "any period now or hereafter to be limited by any law" for
brevity.

In subsections (a)(1) and (2) and (b)(1)(i) and (ii) of this section, the
references to a "person in emergency management service" and a "person
suffering injury or damage" are substituted for the former references to
"being in such category" and "such category" for clarity and to use the
defined terms.

In subsection (b)(2)(i) of this section, the reference to the death being
"confirmed" is substituted for the former reference to the death being "in
fact found" for clarity and brevity.

In subsection (b)(2)(ii) of this section, the former reference to a court "of
competent jurisdiction" is deleted in light of the defined term "court".

Defined terms: "Court" § 14-201
"Person" § 1-101

"Person in emergency management service" § 14-201
"Person suffering injury or damage" § 14-201

14-208. FAILURE OF PERSON IN EMERGENCY MANAGEMENT SERVICE OR PERSON
SUFFERING INJURY OR DAMAGE TO APPEAR

(A) FAILURE OF DEFENDANT TO APPEAR

- 706 -

 

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Session Laws, 2003
Volume 799, Page 706   View pdf image
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