ROBERT L. EHRLICH, JR., Governor

H.B. 2

(II) WHEN THE APPEARANCE OF AN ATTORNEY IS STRICKEN
UNDER SUBPARAGRAPH (1) OF THIS PARAGRAPH, AND THE PLAINTIFF HAS NO
ATTORNEY OF RECORD AND HAS NOT PROVIDED WRITTEN NOTIFICATION TO
PROCEED IN PROPER PERSON, IF A NEW ATTORNEY HAS NOT ENTERED AN
APPEARANCE WITHIN 60 DAYS AFTER THE DATE OF THE NOTICE, THE LACK OF AN
APPEARANCE BY AN ATTORNEY IS NOT GROUNDS FOR A CONTINUANCE.

(III) THE COURT SHALL SEND A NOTICE BY FIRST CLASS MAIL TO
THE PLAINTIFF STATING THAT:

1. IF A NEW ATTORNEY DOES NOT ENTER AN APPEARANCE
WITHIN 60 DAYS AFTER THE DATE OF THE NOTICE, THE LACK OF AN APPEARANCE BY
AN ATTORNEY IS NOT GROUNDS FOR A CONTINUANCE; AND

2. THE PLAINTIFF MAY RISK DISMISSAL OF THE CLAIM,
JUDGMENT BY DEFAULT, AND ASSESSMENT OF COURT COSTS.

3-2A-08A.

(A)      IN THIS SECTION, "COSTS" MEANS THE COSTS DESCRIBED UNDER
MARYLAND RULE 2-603.

(B)      THIS SECTION DOES NOT APPLY TO CASES DISMISSED FOLLOWING A
SETTLEMENT.

(C)      (1) (I) AT ANY TIME NOT LESS THAN 45 DAYS BEFORE THE TRIAL
BEGINS, A PARTY TO AN ACTION FOR A MEDICAL INJURY MAY SERVE ON THE
ADVERSE PARTY AN OFFER OF JUDGMENT TO BE TAKEN FOR THE AMOUNT OF
MONEY SPECIFIED IN THE OFFER, WITH COSTS THEN ACCRUED.

(II) (2) WHEN THE LIABILITY OF ONE PARTY TO ANOTHER HAS
BEEN DETERMINED BY VERDICT OR ORDER OR JUDGMENT, BUT THE AMOUNT OR
EXTENT OF THE LIABILITY REMAINS TO BE DETERMINED BY FURTHER
PROCEEDINGS, A PARTY ADJUDGED LIABLE OR A PARTY IN WHOSE FAVOR LIABILITY
WAS DETERMINED MAY MAKE AN OFFER OF JUDGMENT NOT LESS THAN 45 DAYS
BEFORE THE COMMENCEMENT OF HEARINGS TO DETERMINE THE AMOUNT OR
EXTENT OF LIABILITY.

(D)     (1) IF WITHIN 15 DAYS AFTER THE SERVICE OF THE OFFER OF
JUDGMENT, THE ADVERSE PARTY SERVES WRITTEN NOTICE THAT THE OFFER IS
ACCEPTED, EITHER PARTY MAY THEN FILE WITH THE COURT THE OFFER AND
NOTICE OF ACCEPTANCE TOGETHER WITH AN AFFIDAVIT OF SERVICE NOTIFYING
THE OTHER PARTIES OF THE FILING OF THE OFFER AND ACCEPTANCE.

(2) IF THE COURT RECEIVES THE FILINGS SPECIFIED IN PARAGRAPH (1)
OF THIS SUBSECTION, THE COURT SHALL ENTER JUDGMENT.

(E)      (1) IF AN ADVERSE PARTY DOES NOT ACCEPT AN OFFER OF JUDGMENT
WITHIN THE TIME SPECIFIED IN SUBSECTION (D)(1) OF THIS SECTION, THE OFFER
SHALL BE DEEMED WITHDRAWN AND EVIDENCE OF THE OFFER IS NOT ADMISSIBLE
EXCEPT IN A PROCEEDING TO DETERMINE COSTS.

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