ROBERT L. EHRLICH, JR., Governor

Ch. 5

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

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

14-210. STAY OF EXECUTION OF JUDGMENT OR ORDER; VACATION OR STAY OF
ATTACHMENT OR GARNISHMENT.

(A)     IN GENERAL.

IN A PROCEEDING IN A COURT AGAINST A PERSON IN EMERGENCY
MANAGEMENT SERVICE OR PERSON SUFFERING INJURY OR DAMAGE:

(1)      ON ITS OWN INITIATIVE THE COURT MAY:

(I)      STAY THE EXECUTION OF A JUDGMENT OR ORDER ENTERED
AGAINST THE PERSON IN EMERGENCY MANAGEMENT SERVICE OR PERSON
SUFFERING INJURY OR DAMAGE; AND

(II)     VACATE OR STAY AN ATTACHMENT OR GARNISHMENT OF
PROPERTY, MONEY, OR DEBTS HELD BY ANOTHER PERSON, WHETHER BEFORE OR
AFTER JUDGMENT; AND

(2)      SUBJECT TO SUBSECTION (C) OF THIS SECTION, ON MOTION OF THE
PERSON IN EMERGENCY MANAGEMENT SERVICE, PERSON SUFFERING INJURY OR
DAMAGE, OR ANOTHER PERSON ACTING ON BEHALF OF THAT PERSON, THE COURT
SHALL:

(I)      STAY THE EXECUTION OF A JUDGMENT OR ORDER ENTERED
AGAINST THE PERSON IN EMERGENCY MANAGEMENT SERVICE OR PERSON
SUFFERING INJURY OR DAMAGE; AND

(II)     VACATE OR STAY AN ATTACHMENT OR GARNISHMENT OF
PROPERTY, MONEY, OR DEBTS HELD BY ANOTHER PERSON, WHETHER BEFORE OR
AFTER JUDGMENT.

(B)     APPLICABILITY OF SECTION.

THIS SECTION APPLIES TO A PROCEEDING IN A COURT BEFORE OR DURING THE
PERIOD THAT THE PERSON IS, OR WITHIN 60 DAYS AFTER THE PERSON CEASED TO
BE, A PERSON IN EMERGENCY MANAGEMENT SERVICE OR PERSON SUFFERING
INJURY OR DAMAGE.

.(C) EXCEPTION.

THE COURT NEED NOT VACATE OR STAY A JUDGMENT OR ORDER ENTERED OR
SOUGHT UNDER THIS SECTION IF THE COURT FINDS THAT THE ABILITY OF THE
DEFENDANT TO COMPLY WITH THE JUDGMENT OR ORDER ENTERED OR SOUGHT
WAS NOT MATERIALLY AFFECTED BECAUSE THE DEFENDANT WAS A PERSON IN
EMERGENCY MANAGEMENT SERVICE OR PERSON SUFFERING INJURY OR DAMAGE.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 16A, § 19.

- 711 -