Ch. 5

2003 LAWS OF MARYLAND

(II)     REQUIRE A BOND TO BE FILED LIKE THE BOND REQUIRED
UNDER SUBSECTION (A)(3) OF THIS SECTION; AND

(III)    ISSUE AN ORDER TO PROTECT THE RIGHTS OF THE PERSON.

(2) AN ATTORNEY APPOINTED UNDER THIS SUBSECTION MAY NOT
WAIVE ANY RIGHT OF THE PERSON FOR WHOM THE ATTORNEY IS APPOINTED OR
BIND THE PERSON BY THE ATTORNEYS ACTS.

(C)     OPENING JUDGMENT ENTERED AGAINST DEFENDANT.

(1)      NOT LATER THAN 90 DAYS AFTER A DEFENDANT CEASED TO BE A
PERSON IN EMERGENCY MANAGEMENT SERVICE OR PERSON SUFFERING INJURY OR
DAMAGE, THE DEFENDANT OR LEGAL REPRESENTATIVE OF THE DEFENDANT MAY
FILE WITH THE COURT THAT ENTERED A JUDGMENT AGAINST THE DEFENDANT IN A
PROCEEDING SUBJECT TO THIS SECTION A MOTION TO OPEN THE JUDGMENT
AGAINST THE DEFENDANT IF:

(I)      THE JUDGMENT WAS ENTERED DURING THE PERIOD THAT THE
DEFENDANT WAS, OR WITHIN 30 DAYS AFTER THE DEFENDANT CEASED TO BE, A
PERSON IN EMERGENCY MANAGEMENT SERVICE OR PERSON SUFFERING INJURY OR
DAMAGE; AND

(II)     THE COURT FINDS THAT THE DEFENDANT:

1.       WAS PREJUDICED IN DEFENDING AGAINST THE ACTION
BECAUSE THE PERSON WAS A PERSON IN EMERGENCY MANAGEMENT SERVICE OR
PERSON SUFFERING INJURY OR DAMAGE; AND

2.       HAS A MERITORIOUS OR LEGAL DEFENSE AGAINST ALL
OR PART OF THE ACTION IN WHICH THE JUDGMENT WAS ENTERED.

(2)      VACATING, SETTING ASIDE, OR REVERSING A JUDGMENT BECAUSE
OF THIS SUBTITLE DOES NOT IMPAIR ANY RIGHT OR TITLE ACQUIRED BY A BONA
FIDE PURCHASER FOR VALUE UNDER THE JUDGMENT.

(D)     STAY AUTHORIZED.

(1)      AT ANY STAGE OF A PROCEEDING IN A COURT IN WHICH A PERSON
IN EMERGENCY MANAGEMENT SERVICE OR PERSON SUFFERING INJURY OR DAMAGE
IS A PLAINTIFF OR DEFENDANT:

(I)      ON ITS OWN INITIATIVE THE COURT MAY STAY THE
PROCEEDING; AND

(II)     EXCEPT AS PROVIDED IN PARAGRAPH (3) OF THIS SUBSECTION,
THE COURT SHALL STAY THE PROCEEDING ON MOTION BY THE PERSON IN
EMERGENCY MANAGEMENT SERVICE, PERSON SUFFERING INJURY OR DAMAGE, OR
ANOTHER PERSON ACTING ON BEHALF OF THAT PERSON.

(2)      A PROCEEDING MAY BE STAYED UNDER THIS SUBSECTION DURING
THE PERIOD THAT THE PLAINTIFF OR DEFENDANT IS, OR WITHIN 60 DAYS AFTER

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