ROBERT L. EHRLICH, JR., Governor

Ch. 5

(1)      BEFORE A COURT ENTERS JUDGMENT IN A PROCEEDING IN ANY
COURT IN WHICH THE DEFENDANT FAILS TO APPEAR:

(I)      THE PLAINTIFF SHALL FILE IN THE COURT AN AFFIDAVIT THAT
SETS FORTH FACTS THAT SHOW THAT THE DEFENDANT IS NOT A PERSON IN
EMERGENCY MANAGEMENT SERVICE OR PERSON SUFFERING INJURY OR DAMAGE;
OR

(II)     IF THE PLAINTIFF IS UNABLE TO FILE AN AFFIDAVIT IN
ACCORDANCE WITH ITEM (I) OF THIS PARAGRAPH, THE PLAINTIFF SHALL FILE AN
AFFIDAVIT THAT STATES THAT:

1.       THE DEFENDANT IS A PERSON IN EMERGENCY
MANAGEMENT SERVICE OR PERSON SUFFERING INJURY OR DAMAGE; OR

2.       THE PLAINTIFF IS UNABLE TO DETERMINE WHETHER THE
DEFENDANT IS A PERSON IN EMERGENCY MANAGEMENT SERVICE OR PERSON
SUFFERING INJURY OR DAMAGE.

(2)      IF THE PLAINTIFF DOES NOT FILE AN AFFIDAVIT IN ACCORDANCE
WITH PARAGRAPH (1)(I) OF THIS SUBSECTION, JUDGMENT MAY NOT BE ENTERED
UNTIL THE COURT:

(I)      ORDERS ENTRY OF THE JUDGMENT; AND

(II)     APPOINTS AN ATTORNEY TO REPRESENT THE DEFENDANT IN
ACCORDANCE WITH PARAGRAPH (3) OF THIS SUBSECTION.

(3)      THE COURT ON MOTION SHALL APPOINT AN ATTORNEY TO
REPRESENT THE DEFENDANT AND TO PROTECT THE DEFENDANT'S INTERESTS, IF
THE DEFENDANT IS A PERSON IN EMERGENCY MANAGEMENT SERVICE OR PERSON
SUFFERING INJURY OR DAMAGE.

(4)      UNLESS THE COURT FINDS THAT THE DEFENDANT IS NOT A PERSON
IN EMERGENCY MANAGEMENT SERVICE OR PERSON SUFFERING INJURY OR
DAMAGE, THE COURT BEFORE ENTERING JUDGMENT MAY REQUIRE THAT THE
PLAINTIFF FILE A BOND APPROVED BY THE COURT TO INDEMNIFY THE DEFENDANT
AGAINST ANY LOSS OR DAMAGE THAT THE DEFENDANT MAY SUFFER BECAUSE OF
THE JUDGMENT IF ALL OR PART OF THE JUDGMENT IS LATER SET ASIDE.

(5)     THE COURT MAY ISSUE ANY OTHER ORDER OR ENTER ANY
JUDGMENT THAT THE COURT CONSIDERS NECESSARY TO PROTECT THE RIGHTS OF
THE DEFENDANT UNDER THIS SUBTITLE.

(B) FAILURE OF PARTY TO APPEAR

(1) IF A PERSON IN EMERGENCY MANAGEMENT SERVICE OR PERSON
SUFFERING INJURY OR DAMAGE IS PARTY TO A PROCEEDING AND DOES NOT
PERSONALLY APPEAR IN THE PROCEEDING OR IS NOT REPRESENTED BY AN
AUTHORIZED ATTORNEY, THE COURT MAY:

(I) APPOINT AN ATTORNEY TO REPRESENT THE PERSON;
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